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Home My WebLink About(0078) ZC-21-205Date: February 8, 2022 Case Number: ZC-21-205 Council District: 2 Zoning Map Amendment Case Manager: Sarah Bergman Owner /Applicant: Martha C. Munoz / Jessica Baez Site Location: 1600 & 1602 NW 21 st Street Acreage: 0.17 acres Request Proposed Use: Food Truck Request: To: Add Conditional Use Permit for mobile food vendor in "E" Neighborhood Commercial District with specific development standards for parking, setbacks, and distance requirements for mobile food vendors on property adjacent to residential districts; site plan included Recommendation Land Use Compatibility: Requested change is compatible. Comprehensive Plan Consistency: Requested change is consistent. Staff Recommendation: Approval (with consideration of a two-year initial time limit) Zoning Commission Recommendation: Approval with 2-year time limit by a vote of 9-0 Table of Contents 1. Proiect Description and Background 2. Surroundin Zug and Land Uses 3. Recent ZoningHistory 4. Public Notification 5. Development Impact Anal a. Land Use Compatibility b. Comprehensive Plan Consistency c. Site Plan Comments 6. Area Zoning Map with 300 ft. Notification Area 7. Site Plan 8. Area Map 9. Future Land Use Map 10. Aerial Photograph Project Description and Background qu The subject property is located at the northwest corner of NW 2 1 " Street and Prairie Avenue. The site is currently developed with a restaurant and is zoned "E" Neighborhood Commercial. The applicant would like to park a food truck on site in the evenings, after the restaurant has closed (according to the applicant the restaurant closes at 3:OOpm each day). Mobile food vendors are not allowed by right in the "B" Neighborhood Commercial District and therefore the applicant is requesting a Conditional Use Permit (CUP) for this use. The attached site plan depicts the existing restaurant building as well as the proposed location for the food truck. Surrounding properties to the east and west, along the NW 21St Street corridor, are developed for commercial use. However, there are "A-5" One -Family lots immediately north of this property that are developed with single- family homes. Supplemental standards for mobile food vendors are found in Section 5.406 of the Zoning Ordinance, including specific distance requirements for food trucks near residential districts. Below are some of the requirements that apply to mobile food vendors: - Food vendors must obtain a permit from the health department to operate as a mobile vending unit. - No mobile vending unit shall operate at any time between the hours of 2:00 a.m. and 7:00 a.m. - No amplified music is allowed after 10:00 p.m. - No portable chairs and tables are allowed after 10:00 p.m. - Merchandise and food vendors shall remove the mobile vending unit daily from the property. - No mobile vending unit may operate within 50 feet from a single-family or multi -family residential use. - All mobile vending units between 50 feet and 100 feet from a single-family or multifamily residential use must obtain the unanimous consent of all the owners of the single-family or multifamily residential property within a 100-foot radius around the mobile vending unit. As part of this CUP application, the applicant is requesting waivers from the last two items regarding distance to residential properties. However, the applicant has conducted outreach to the surrounding property owners and has provided a letter of support from several nearby residents, including the owner of the property immediately north of this site who would be most directly impacted. In addition, all property owners within 300 feet of the subject property were sent written notification of the CUP request. The existing restaurant building on this property occupies nearly all of the available site area and on -site parking is extremely limited. As proposed, the food truck will occupy three of the five on -site parking spaces. However, the Zoning Ordinance allows for off -site auxiliary parking to be provided within 500 feet when sufficient parking is not available on -site. The subject property owner also owns the two lots immediately west of this site, which are also zoned commercial and are used to provide additional parking. Because the food truck will not be operating at the same time as the restaurant, and will need to be removed from the site each evening, staff finds that this use can be adequately served by the parking area located just west of the site. Below is a table which lists standard requirements for development in the "E" Neighborhood Commercial District, as well as the waivers that are required for this CUP request: Requirement "R2" Standards 16 1 Proposed "PD/R2" Standards Height 3 stories or 45 feet maximum Complies Minimum None required for food truck use. Food truck complies, restaurant use does not Parking Restaurant use requires 1 space per Requirements 100 square feet of gross floor area Waiver Required Front Yard: 20-ft minimum, none Front Yard: Food truck complies, existing required when fronting an arterial restaurant building does not. Rear Yard: 15-ft minimum when Rear Yard: Food truck and existing restaurant Required Yards adjacent to residential district building do not comply Interior Side Yard: Complies Interior Side Yard: 5' minimum Corner Lot Side Yard: Complies Corner Lot Side Yard: none required unless through lot, then 10-ft min Waiver Required 20-foot supplemental building Not required for food truck, but existing Bufferyard and setback and 5-foot landscaped restaurant site is not compliant. Supplemental bufferyard required for non - Setbacks residential development adjacent to Waiver Required one -family district Applicant is requesting waivers from Section 5.4069(d)(1) to allow a mobile food vendor Mobile Food Mobile food vendors are required to within 50-feet of a residential use and Section Vendor comply with all supplemental 5.4069(d)(2) to waive requirement to obtain Requirements standards found in Section 5.406 of unanimous consent of all residential property the Zoning Ordinance. owners within a 100-foot radius. Waiver Required Surrounding Zoning and Land Uses North "A-5" One -Family / single-family dwelling East "E" Neighborhood Commercial / automotive repair South "A-5" One -Family / single-family dwelling West "B" Neighborhood Commercial / parking area for restaurant Recent Zoning History • None Public Notification 300-foot Legal Notifications were mailed on November 24, 2021. The following organizations were notified: (emailed November 22, 2021) Organizations Notified Inter -District 2 Alliance North Side NA* Streams and Valleys, Inc Trinity Habitat for Humanity Fort Worth ISD Lake Worth ISD Castleberry ISD * Located within this registered Neighborhood Association Development Impact Analysis Land Use Compatibility The applicant is requesting to add a Conditional Use Permit (CUP) to allow a food truck to operate on an existing restaurant site that is zoned "E" Neighborhood Commercial. Surrounding properties to the north and south are zoned "A-5" One -Family and are developed with single-family residences. Properties to the east and west and zoned "E" Neighborhood Commercial. This properties with frontage on NW 21St Street immediately surrounding the subject property are zoned and developed for commercial use. This site is already developed with a restaurant building, which shares many features of the food truck use that may cause concern in close proximity to residential properties including noise, odor, and lighting. The applicant has obtained a written letter of support from the owner of the only residential property that is immediately adjacent to this site, as well as from several other property owners in close proximity. In addition, staff recommends approval of this request subject to a time limit, so that if any neighborhood or code compliance concerns arise they can be evaluated before the CUP is extended for a longer period of time. The proposed zoning is compatible with surrounding land uses. Comprehensive Plan Consistency — Northside The 2021 Comprehensive Plan currently designates the subject property as "Neighborhood Commercial" on the Future Land Use Map, which is in alignment with the current zoning. The proposed food truck use meets the intent of "providing retail and services serving daily needs for a local market area." INeighborhood Commercial Retail, services, offices and mixed uses serving daily needs for a local Multifamily Residential, ER, market area E, MU-1 General Commercial Retail, services, offices and mixed uses serving occasional needs for a Multifamily Residential, ER, larger market area E, MU-1, MU-2 Mixed -Use/ Retail, services, offices, entertainment, mixed uses, and multifamily AR, B, R1, R2, CR, C, D, UR, Mixed -Use Growth Center residential; Community Growth Centers are less intensive, and Regional all Commercial, MU-1, MU-2, Growth Centers are more intensive Form -Based Codes Therefore, the proposed zoning is consistent with the Comprehensive Plan. Site Plan Comments The site plan is in general compliance with Zoning Ordinance requirements with the exception of the waiver requests listed above. (Comments made by Platting (Subdivision Ordinance), Transportation/Public Works, Fire, Park & Recreation, and Water Department staff cannot be waived through the Zoning Commission and City Council. Approval of the zoning site plan does not constitute the acceptance of conditions.) ,gR7T T Area Zoning Map Applicant: Martha Munoz Address: 1600 &1602 N VV 21st Street Zoning From: E Zoning To: F Acres: 0-16899104 Mapsco: 62J Sector/District: North side Commission Date- 12/8/2021 Contact: 817-392-2495 ZC-21-205 EH::1 2200 22 NF) 2121 2 20 2124 2121 2120 21213 2118 2119 2111 2119 2118 2117 2116 2117 2117 2114 2115 211= 2115 2115 2112 2113 2 2113 2113 X 2111 N 2111 2111 21N 21,39 21013 2107 2107 2 21p5 2105 \7N, 2017 > 2019 2 213 12 12 B 2011 2310 Mia 2011 2009 2009 29W 20M 2CU9 2CL)- 20LB 2-DO3 2007 2005 20(A 2009 2011 2002 S2049 ubjectArea 71 300 Foot Notification 2000 Ell 20'4'. C 190 360 Feet i II millersurvey.net \111,II-"/ 0' 10, 20' 1" = 20' on Original Print 5/8" steel rod found 0 0 TL 0 z Gravel CURRENT ZONING: A BLOCK 10 - BAKER HEIGHTS VOLUME 6 6 0, PAGE 4 0 9, P. R. T. C. T 14 1 1 Gravel Drive S 89°46�24" E 140.37' �r On=_g �� c`1 Frame Building (No slab) CURRENT ZONING: ER (Neighborhood Commercial)' Masonry Garage 20.0' Gravel Asphalt / Existing dumpster to remain TRACT o 0 0.3223- 8 04,037 SF) o p CO Grave �� a �R. °e�° o 66 tia° 0 0 12 Asp halt parking 38.3' 0 o p o CURRENT ZONIN : E o (Neighbor ercial) Lri q d�-I 3yF DIM Concrete \� Concrete Walk Access \� __ Wnik Concrete 0 i \ Asphalt Street a os a -O,{0 -OHO LEGAL DESCRIPTION OF SURVEYED TRACT: Tract 1: All of Lot 12 and Lot 13, Block 10, Baker Heights, an Addition to the City of Fort Worth, Tarrant County, Texas according to the plat thereof recorded in Volume 660, Page 409 of the Plat Records of Tarrant County, Texas. Tract 2: All of Lot 11, Block 10, Baker Heights, an Addition to the City of Fort Worth, Tarrant County, Texas according to the plat thereof recorded in Volume 660, Page 409 of the Plat Records of Tarrant County, Texas. FLOOD STATEMENT: Based on scaling the surveyed lot shown hereon onto the FEMA Flood Insurance Rate Map No. 48439C0190L (Rev. 3-21-19), the Surveyed Tract lies within FEMA Zone X and does not lie within the FEMA designated 100-year flood plain. Miller Surveying, Inc. makes no statement as to the likelihood of the actual flooding of the Surveyed Tract. ACCESS STATEMENT: The surveyed tract adjoins and has physical access to NW 21 st Street, Roosevelt Avenue and Prairie Avenue. OHU OHU OHU OHU OHU SURVEYOR'S CERTIFICATION: --� i CURRENT ZONING: A-5 (SFR) 10 Frame Residence Frame 43.9' Storage Building in �0 ao M N 223' Concrete Drive o 117� OHU Oi1{Y�-�- OHU X Wood Fence Qs X Q - 6.0' CO ® ®Co N o ----4 C)31.T _ T7 0 In Concrete Parking 2 PROPOSED 7.5' X 20.5' FOOD SERVICE TRAILER O Z N Concrete Access 2 1/2" steel rod found 3 N 0 0 F O 4 z o 5 O z 1/2" steel rod found 1/2" capped steel rod found p 4.J C:) CD N o Q, z 4-1 � � O o Brick Drive � x 9 31.9' am co AC i Q N � 24.6 iv 2 6 14.0' 0 W 6 11 CURRENT ZONING: E bo (Neighborhood Commercial) c EXISTING ONE STORY TRACT2 O FRAME BUILDING M 3 �_ 1602 NW 21 st STREET 0.1611 ACRE a (Operating Restaurant) s Q FIN. FLOOR = 661.3 (7,019 SF) N 10.6' N 14.1' s2.1' N — � Concrete Walk _ 23.8'----------- 1--------- N 89"46'24" W 140. Concrete \\N )) Concrete Access Access KL= NW 21st STREET (A 60 foot Public Right -of -Way) OHU OHU I, Jason B. Rawlings, Registered Professional Land Surveyor No. 5665 of the State of Texas, by placing my seal hereon, certify to the above parties that: a) This document serves as my graphic representation of a land survey of the 0.3223 acre tract and the 0.1611 acre tract shown and described hereon (collectively the "Surveyed Tract"); b) Said survey being performed on the ground, under my supervision, on March 29, 2021; c) The boundary lines and dimensions indicated hereon are based on said survey and are true and correct; d) As of the Date of Certification, the corner monuments shown hereon were in place as indicated; e) The location of all buildings and improvements shown hereon are as depicted and are set back from the tract boundaries by the dimensions shown; f) There are no visible encroachments, protrusions, boundary line conflicts, visible easements, or easements of record as furnished to me, affecting the surveyed tract, except as shown or noted otherwise; g) The surveyed tract adjoins and has physical access to a private street; Date of Certification: September 28, 2021 CURRENT ZONING: E (Neighborhood Commercial) Concrete Curb Development Notes per City of Fort Worth: • All lighting shall conform to the lighting code. • All signage shall conform to Article 4, Signs. • Project shall comply with Sec. 6.301, Landscaping • Project shall comply with Sec. 6.302, Urban Forestry City of Fort Worth Zoning Case ZC-21-205 Approved on the day of , 2022 Director of Development Services SITE PLAN 1602 NW 21 st STREET ILLER S U R V E Y I N G, I N C 11 Professional Precision. 8SO4 Precinct Line Rd. Ste.180 Colleyville TX 76034.817-577-1052 millersurvey.net TASF No.10100400 BENCHMARK SOURCE: City of Fort Worth Monument No. 5624 as published (Elevation 545.00) Job No. 21000 • Plot File 21000 Council districts 2-Carlos E. FL,Ei S- Mirhaal D. Crain -Cary Moon 5 - Gyna S Keens 6 - Jared W it liarrts 7-Leonard Fiestone S -Chrb Nettles 9-Elizabeth M. Der# Overlay Districts ®Ai port Over lay District 1-35 TU PERIPHERAL i" DESIGN DISTRICT CONSERVATION DISTRICT Noise Contours DECIBEL fF 73 75 so aF FoRTWORTH, Area Map 19 C- 1- 0 1 1 MUNI! —�'V Pmv� ,�; H= Ii1�lIlR �Illllli�.,■■,,.' 11 1111111 "' i1111. '"` 1111 � �1 � � aI�N1�� a �IIIt� ��■ Ly �7. ER A- AcUE RAL --�evebped,A9rlcuMjral 'AanTa�-.- - LOW Densr.- Pec,--i I -9RT WORT a Future Land Use 100 Yea r Flood P lah Public Pa rk. Re -re - i - 5)ace PrKralle Park. Reorea-.D-, O'Dei Space Lakes and Ponds LIJ ZC-21-205 21ST A Cmphimmhm.mw1P3Mhi n.bhoMuML —bbbmaing mg. a �- 0 75 Feet mbiaan:. ndork- (TJ-3La=IGaw—zC- mc. 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