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Home My WebLink About(0164) ZC-21-118Date: March 8, 2022 Case Number: ZC-21-118 Council District: 6 Zoning Map Amendment & Site Plan Case Manager: Brett Mangum Owner /Applicant: Site Location: Proposed Use: Request: Mohamad Alwan 5653 Westcreek Drive Request Expansion of existing auto repair shop From: "E" Neighborhood Commercial Acreage: 0.478 acres To: "PD" Planned Development with a base of "E" Neighborhood Commercial for Auto Repair & Outside Storage (Automobiles), with specific development standards for projected front yard setback, supplemental side building setbacks, supplemental buffer yard, buffer yard landscaping requirements, screening fence requirements, dumpster screening requirements; site plan included Land Use Compatibility: Comprehensive Plan Consistency: Staff Recommendation: Zoning Commission Recommendation: Recommendation Requested change is not compatible Requested change is not consistent Denial Denial by a vote of 7-0 AM Table of Contents 1. Project Description and Background 2. Surrounding Zoning and Land Uses 3. Recent Zoning History 4. Public Notification 5. Development Impact Analysis a. Land Use Compatibility b. Comprehensive Plan Consistency c. Economic Development Plan d. Site Plan Comments 6. Zoning Map with 300 ft. Notification Area 7. Area Map 8. Future Land Use Map 9. Aerial Photograph 10. Site Plan 11. Aerial Images (2003-2021) Project Description and Background The property is located in the South Hills South neighborhood, across Westcreek Drive from the Wedgwood East neighborhood, and generally southwest of the intersection of Loop 820 and McCart Avenue. The site is currently zoned "E" Neighborhood Commercial and is just under half an acre in size. The proposed rezoning is intended to accommodate expansion of the existing auto repair business. The two (2) uses being added to qualify as a "PD" Planned Development are Auto Repair & Outside Storage, which are not permitted in base "E" Neighborhood Commercial zoning districts. Auto Repair has been taking place on this site for many years, and the land use is considered legal non -conforming. However, since the applicant is requesting to add additional buildings to the site, the zoning must be brought into compliance based on the increased intensity of the land use on the site. Based on changes in aerial imagery over the past 20 years, staff has noticed that the following gradual changes have occurred which contribute to the site being in its current state: (2003).......... Appears to be vacant/not in use (2005).......... Fence facing Walton Avenue erected, cars started being stored outside (behind fence) (2010-13)...... Inoperable cars being stored behind fence, some not moving for periods between one and three years (2014).......... Current owner takes over property (2017).......... Stacks of tires appear to be stored on the site outdoors; up to five cars being stored on Walton Avenue side outside of fence (previously only one to two cars were seen outside the fence) (2019).......... Illegal addition of canopy & kennel; up to seven cars being stored on Walton Avenue side outside of fence (2021-)......... Code enforcement involvement; up to ten cars being stored on Walton Avenue side outside of fence The proposed zoning change would create a Planned Development with waivers to the standard(s) listed below: • Projected front yard setback (6. 10l.f.2) Ordinance requires 35', applicant requesting S' • Supplemental side building setbacks (6.300.c.1) Ordinance requires 20', applicant requesting 17' • Supplemental buffer yard (6.300.c.1) Ordinance requires 5', applicant requesting 0' • Buffer yard landscaping requirements (6.300.g) Ordinance requires 15 points worth of plantings from landscape table, applicant requesting no plantings/0 points. • Screening fence requirements (6.300.d) Ordinance requires 6' minimum solid wood or masonry fence, applicant requests to continue using existing non -compliant R panel metal fence. • Dumpster screening requirements (6.300.d) Ordinance requires 6' screening fence around dumpsters, applicant is not proposing any screening fence around the proposed dumpster. • Prohibited signs (6.405 e & h) Ordinance does not allow portable signage or signage within public rights of way, applicant has two (2) portable signs in the right of way (technically off -site and within City right of way) per Google Street View dated November 2021 (Westcreek Drive) and December 2021 (Walton Drive). If there are any significant changes to the Site Plan in the future, the applicant will need to go through the entire zoning process again from start to finish. The applicant supplied a support `petition' alongside the application. After staff review only six (6) of the respondents could be successfully verified, and four (4) were not verifiable. Additionally, no dates were identified in the petition or on the signatures. The description in the petition is also misleading. The petition states the applicants desire "To expand and add a couple more bays to the side of the building as alignment and muffler work" while the Site Plan depicts a "proposed free standing metal canopy". The following additional comments were provided by other reviewing City departments: Fire: 7/27/2021 Comments: FWFD - (Lt. Donna York, donna.york@fortworthtexas.gov) FYI Comments: Failure to recognize violations of the fire code by the fire code official does not waive the requirement of meeting minimum requirements of the fire code in the future. It is the applicant's and the owner's responsibility to meet all minimum fire code requirements at all times. The City of Fort Worth has adopted the 2015 International Fire Code as its current fire code at the time of this review. The City of Fort Worth also has adopted amendments (January 1, 2017 version) to this code. The Fort Worth Fire Code Amendments can be found online at www.fortworthtexas.gov/Fire/ (click on Bureau of Fire Prevention) Surrounding Zoning and Land Uses North "A-5" One -Family / residential East "A-5" One -Family / residential South "E" Neighborhood Commercial / school West "E" Neighborhood Commercial / mini -mall commercial center Recent Zoning History • None Public Notification 300-foot Legal Notifications were mailed on January 28, 2022. The following organizations were emailed on January 26, 2022: Or anizations Notified South Hills South NA* South Hills NA Wedgwood East NA District 6 Alliance Streams And Valleys Inc Fort Worth ISD Trinity Habitat for Humanity * Located within this registered Neighborhood Association Development Impact Analysis Land Use Compatibility Nearby land uses range from a small strip mall to the west, a school to the south, and single-family residential neighborhoods directly adjacent to the north and east. The site is in the middle of an established residential neighborhood. It appears that when the neighborhood was built, the site was to be a neighborhood commercial -type node, with the intent of serving the local neighborhood with small amounts of retail and office space. The current building appears to be what was originally constructed on the site at some time between 1963 and 1968. The proposed zoning is not compatible with surrounding land uses. The Zoning Ordinance suggests that auto - related uses require more intensive zoning classifications than "E" Neighborhood Commercial. Outdoor storage requires industrial zoning at minimum. Neither of these types of zones are best placed directly adjacent to existing single-family residential zones, especially without the proper buffering, which the applicant is not intending to provide. Comprehensive Plan Consistency — Wedgwood The 2021 Comprehensive Plan currently designates the subject property as Neighborhood Commercial, which envisions future development aligned with "E" Neighborhood Commercial zoning. The intent is to have small retail shops/services/offices in close proximity to residential zones for convenience. The current proposal for a "PD/E" Planned Development with a base of Neighborhood Commercial is not supported by the adopted Comprehensive Plan designation, as automobile related uses such as car repair are not allowed by right in "E" zones as they are quasi -industrial. Typically auto repair would require a zoning of "FR" or above, which is more in line with the "General Commercial" designation in the adopted Comprehensive Plan. LAND USE AND ZONING CLASSIFICATIONS LAND USE DEFINITION ZONING E NeighborhoodCommercial Retail -services,offies and mixed uses serving dallyneedsfor alocal Multifamily Residential, ER, market area E. MU-1 General Commercial Retail, services, offices and mixed uses serving occasional needs for a Multifamily Residential. ER, I arger market area E. MU-1. MU-2 Mixed -Use/ Retai I. services, offices, entertairrmenk mixed uses, and mulrtffarnlltr AR, B, RJ_ R2. Ck C. D, UR, Mixed-UseGrovwth Center residential; Community Growth Canters are less itAenslve.and Regional all Commercial, MU-1, MU-2. Growth Centers are more intensive Form -Based Codes The proposed zoning is not consistent with the Comprehensive Plan based on the proposed land uses, which would be more appropriate in areas designated General Commercial or Industrial on the future land use map. Additionally, the proposed rezoning does not support any of the policies tailored towards future growth and development specific to the Wedgwood sector of the City. Economic Development Plan The Wedgwood sector of the City is not directly addressed in the 2017 Economic Development Plan, which focuses on development strategies for established interior neighborhoods rather than the periphery of the City. Site Plan Comments Zoning and Land Use The applicant submitted a revised Site Plan on January 12th, 2022. The Site Plan has no further corrections required as this is what the applicant has chosen to present, but staff will provide a detailed notation below listing all the deficiencies with this Site Plan in relation to standard " E" zoning. • Front yard setback is based on a projected front yard. The projected front yard is 35 foot based on the setback of the residence next door at 5649 Westcreek Drive. The intent of the projected front yard is for the overall massing of the buildings in a block to be aligned and not have one sticking out in relation to another. No parking or structures can be placed in a projected front yard. The applicant is proposing parking in the front yard, as well as the existing legal non -conforming structure to remain in place. • Supplemental side building setback is 20 foot based on the site directly adjoining single family "A-5" zoning. The existing "free standing metal canopy" is constructed 17 feet off the property line. The applicant wants to add a second "free standing metal canopy" aligned with the existing canopy, which would be encroaching 3 feet into the required 20 foot supplemental side yard. The intent of the supplemental side yard is to provide adequate separation between occupied residences and commercial businesses. • Supplemental 5 foot buffer yard requirement runs concurrently with the 20 foot supplemental side building setback. The Zoning Ordinance requires that a 5 foot strip remain unencumbered and should be appropriately landscaped with specific tree and/or shrub plantings to serve as a noise/sight barrier between occupied residences and commercial businesses and to improve the aesthetics of the site. While the Site Plan shows `green area' on the eastern side, this is disingenuous as no irrigation plans are proposed, no planting schedule has been provided, and there is no guarantee that the `green area' would remain free and clear of cars and other debris that has accumulated in this side yard since 2014. No buffer yard or plantings are proposed to the north either, which is proposed to have parking stalls as well as storage of automobiles outside. • For areas where commercial zones directly abut one or two family residential zones, the Zoning Ordinance requires a 6 foot solid screening fence that can be made of either wood or masonry. The intent is to provide a visual barrier between occupied residences and commercial businesses. The applicant is proposing to retain the existing non -compliant R-panel metal fence. No upgrades or improvements to the fencing have been proposed by the applicant. • The Zoning Ordinance requires dumpsters and refuse facilities to be screened on three sides by an 8 foot fence if visible from residential zoned properties. The intent is to screen dumpsters and trash from view and to help control odors and prevent any unauthorized parties from accessing the trash. The latest Site Plan shows a 7 foot by 8 foot dumpster directly in the front yard of the property along Westcreek Drive. No screening information was provided, so staff is under the assumption that the applicant is proposing placing a dumpster in the 35 foot front yard setback and within the 5 foot buffer yard setback with no type of screening or dumpster corral. • No signage is depicted on the Site Plan, however staff has discovered at least two (2) illegal portable signs that appear on the property in differing locations (the signs are being moved around). 2011 Aerial photo...............On site 2012 Aerial photo...............On site 2013 Google Street View ...... On site 2014 Google Street View ...... Off site (in City street right of way) 2015 Google Street View ...... Off site (in City street right of way) 2017 Aerial photo...............Off site (in City street right of way) 2018 Google Street View ...... On Site 2019 Aerial photo...............On site 2021 Aerial photo...............On site 2021 Google Street View ...... On Site FO RT WO RT H @ ZC-21-118 Area Zoning Map Applicant: Mohamad Alwan Address: 5653 Westcreek Drive Zoning From: E Zoning To: PD for Auto Repair & Outside Storage to allow expansion of existing business Acres: 0.4780591 Mapsco: 90S Sector/District: Wedgwood N Commission Date: 1/12/2022 Contact: 817-392-8043 5612 ww 5,316 :617 5612 5 56�2 A-5 as 33,3Q ' LU 33.)q 3Y,5 1 1 0 M CF SubjectArea 300 Foot Notification 5.. 5632 5AN 01�� 1103 o� Y15.) 5333 56 5 C 2,119 F 0 90 180 360 Feet i i i i i i i i Created: 12/17/2021 8:50:07AM All'. I -9RT WORT a Future Land Use WREN ZC-21-118 EI �e Co LU — 0 LU LU WALTON A- ',-�,AcUERAL --�evebped,A9rlcuMjral 'AanTa�-.- - 100 Yea r Flood P lah Low Densr.- a I Public Pa rk. fte-re - i - 5)ace Pec,- -i ::e- - :"el PrKralle Park. Re,-rea-.D-, O'Dei Space - q - : l - - -. (--] Lakes and Ponds 70- 35 C 70 Feet A Cam pmhmmw:Fh-,.hM I ML —bbibi :aning m:ukmkbn3 or mbibilah man .0 13M . boundork- (71— LamIG—mmkC..k. 3-cbm "La 02.3 rand of. d.:%jnb.- —.g l.-a by Ctyc—CA —Zch 8'7CK . Cr—.d T:•=2' 2,2M09aM FoRTWORTH, -21-118 Aerial Photo flap a i W k � +"r ■' F r Hwy/ - #j 0, LIJ i n! 9C 190 Feet PLANNED DEVELOPMENT "PD" MEETING ALL "E" DISTRICT STANDARDS WITH ALLOWANCES FOR AUTOMOTIVE REPAIR; PAINT AND BODY SHOP & OUTDOOR STORAGE (INCLUDING AUTOMOBILES)_ NORTH --acs!254—� LOT 8 LOT 7 00 W Z J ( C_7 W Z � J cv z > I Q un SOUTH 0° 51'E 135' C4 N X 5 UTILITY EASEMENT{ 5• UTILITY EASEMENT 5• UTILITY EASEMENT a Q w w rc EXISTING Lff-FAL FENCE-;? EXISTING METAL FENCE a z z W W Ld GREEN AREA GREEN AREA ; < z n U W 49• k 0 �zo DIILDac ur�� L1J LLJ W V W U / O c f 1 o o Z O FREE STANDING h ASPHALT EXISTING Od o E X I S TI N G o M METAL CANOPY AND T w Q LL 0 (AUTO PARKING) PARKING EXISTING FREE STANDING 1,283 �, FT. W V� 0 L0 I AUTO G METAL CANOPY ,�,� (n I-1- Ln p AREA (STORAGE) ��-�" \ z 1,960 SO_ FT. 2s / �,-E70STING METAL FENCES O w Z z 49• EXISTING Lll W GREEN t W w W 62• AREA m Z a f- N H O J F EXISTING o PAW Y Y `S W LOT 5 W o SHOP BUILDING b m (U U WITH OFFICE Y E ISTING N I w z z 0 20'-0" 1,860 SO. FT- 3 AUTO LFT rc v 0AREA 0) Z , 4• I F F ` 0 O LL 9k18• h N 62• ENTRY PARK. W w 0 GATE WALK Q EXISTING GREEN 0 DRIB-THRU AREA ' /� CANOPY v / _- 9•x18• PARK•G� 504 S. F. N 35' BUILDING UNE--- <0 EXISTING !� V EXISTING A 53-8" �U WAW PAWL. CONCRETE DRIVE 'g EXISTING "Z0 zoa P AND CONCRETE DRIVE <:1 NWa PARKING P W. 9x,s PARKG AND WoW �F►16 Psp �a��P�' 9•x18• PARK•G. 3 PARKING M OUNPS r N P x� Mail! PARK•G. O� LO P ,Q r,�• � GREEN AREA O,(�G AREA GREEN GO�0�� (��P N R TH 0 ° 51 ' W 1 5' MIN AREA OII GREoa EXISTING CONCRETE WALK rAtx rOS'��0� N AREA EMS11ING 6 LOT 6 EXISTING m F�� gi• oMkCees\e 35 YNOE CONCRETE GREEN crtEON 35' WIDE CONCRETE GREEN '� d DRIVE APPROACH AREA BLOCK 75 AREA DRIVE APPROACH AREA \e�' 0.44 ACRE OF LAND�y11 ire gA,1 �e� �o01 `as a SOCIETY OF PROFESSIONAL 5653 WESTCREEK DRIVE BUILDING DESIGNERS hN "REVISED" SITE PLAN I Larry D. Weatherley� I Tx SCALE: -,• = 20'-0'-lol LEGAL DESCRIPTION: �'s��RT_I�`AS�i{� � � TONAL 9$i LOT 6, BLOCK 75, SOUTH HILLS, BEING A SUBDIVISION OF THE JOHN JENNINGS SURVEY IN THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS. CERTIFIED PROFESSIONAL DESIGNER # TX-101 '�7 ZONING COMMISSION DATA: JAN U ARY 12 @ 1: 00 PM, CITY HALL ON SECOND FLOOR. OWNERS RESPONSIBILITY: rDATE: DW LETTERS OF SUPPORT FROM NEIGHBORS. 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