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File #: 16-233    Version: 1
Type: New Business Status: Agenda Ready
File created: 2/20/2017 Meeting Body: City Council
On agenda: 3/7/2017 Final action:
Title Search: PUBLIC HEARING: Consider an ordinance approving a Specific Use Permit (SUP) for an Automobile Repair, Sales and Service use, Optic-Kleer, an auto glass repair use, in an existing 2,950 square-foot building on 0.613 acres of land, located on the northeast corner of the S. Main Street (US Hwy. 377) and Calverley Place intersection, at 220 Calverley Place, being Lot 1, South Meadow Industrial Park Addition, and zoned C (Commercial). Eric Howe, owner/applicant. (SUP-17-0006)
Attachments: 1. 030717_OpticKleer_PZMinutes, 2. 030717_OpticKleer_ProposedOrdinance, 3. 030717_OpticKleer_ExhibitA, 4. 030717_OpticKleer_Maps

To:                     Mark R. Hafner, City Manager

From:                     David Hawkins, Planning Manager

Subject:                     

Title

PUBLIC HEARING: Consider an ordinance approving a Specific Use Permit (SUP) for an Automobile Repair, Sales and Service use, Optic-Kleer, an auto glass repair use, in an existing 2,950 square-foot building on 0.613 acres of land, located on the northeast corner of the S. Main Street (US Hwy. 377) and Calverley Place intersection, at 220 Calverley Place, being Lot 1, South Meadow Industrial Park Addition, and zoned C (Commercial). Eric Howe, owner/applicant. (SUP-17-0006)

Body

 

Action Requested:                     

Consider an ordinance approving a Specific Use Permit (SUP) to allow an ‘Automobile Repair, Sales and Service use’ use in C (Commercial) zoning district.

 

Zoning:                     

C (Commercial)

 

Future Land Use Plan:                     

I/C (Industrial/Commercial)

 

Background:                     

The plat was filed in the 1980’s in Vol. 388/138 Pg. 59 in the Tarrant County Clerk records. A Site Plan was approved by City Council for the construction of the Keller Beverage Company, a drive-thru beer and wine store at this location on December 6, 2001 by Resolution No. 1737. Since its construction in 2002, it has been in operation as a drive-thru beer and wine store for some time. The building is currently vacant.                       

 

On January 17, 2017, the City Council approved an amendment to the Unified Development Code (UDC) that categorized and redefined automobile repair uses, Case No. UDC-17-0032.   The use the applicant is proposing falls into the new category of ‘Automobile Repair, Sales and Service use’. The applicant’s business, Optic-Kleer, will perform automotive window repair.  This can be done in an enclosed building and generate very little noise and no odors.’

 

The use the applicant is proposing falls into the new category of ‘Automobile Repair, Sales and Service use’. The applicant’s business, Optic-Kleer, will perform automotive window repair.  This can be done in an enclosed building and generate very little noise and no odors.

 

Analysis:                     

The purpose of this Specific Use Permit request is to allow an ‘Automobile Repair, Sales and Service use’ use in an existing approximately 2,950 square-foot building, zoned C (Commercial) zoning district. Optic-Kleer is the specific business and their website is available at www.optic-kleer.com <http://www.optic-kleer.com>.

 

Site Design:                     

The building is existing.  No exterior changes to the existing site layout are proposed, beside general clean-up and maintenance of the building and landscaping. A tenant finish- out of the interior of the lease space is expected.  This will be reviewed by the Building Services Department should the SUP be approved.  Please see the applicant’s letter in Exhibit “A”.                     

 

Parking:                     

The required parking ratio for this use is one (1) space per five-hundred (500) square feet, or six (6) total spaces.  Eight (8) regular spaces and one (1) handicap accessible space are already available on-site and are not proposed to be changed.  Staff does not anticipate any parking issues with the proposed use.

 

Tree Preservation:                     

The building is existing.  No tree preservation are proposed

 

Drainage & Utilities:                     

The building is existing.  All required utilities are available.

 

Existing Roadway Access:                     

S. Main Street (US Hwy. 377), a six-lane arterial street with center turn lane to the west. Calverley Place, a two-lane local street to the south.

 

Surrounding Zoning & Land Uses:                     

North: Lucas Funeral Home, zoned C (Commercial)

South: Goodyear Tire Center, zoned C (Commercial)

East: Hawk Air Company Heating and Air Conditioning, Super Surface Inc. and other commercial and industrial uses, zoned C (Commercial)

West: Railroad lines, Single Family Homes, Corning warehouse/distribution, all within City of Fort Worth

 

Request:                     

The applicant proposes to re-occupy an existing structure with an ‘Automobile Repair, Sales and Service use’, specifically Optic-Kleer, an automotive glass repair and replacement business.  An SUP is required for this use in the C (Commercial) zoning district.

 

Summary:                     

Section 8.04 (B.2.a) of the UDC states that when considering a SUP request, the Planning and Zoning Commission and City Council shall consider the following factors:

 

1)                     The use is harmonious and compatible with surrounding existing uses or proposed uses;

 

The use is surrounded by C (Commercial) zoning, with similar uses, including Goodyear Tire and Discount Tire to the south.  This use should be compatible with surrounding uses. Letters have been provided from adjacent uses on Calverley Place, the adjacent funeral home, and nearby auto-related uses in support of this use at this location, please see Exhibit “A”. 

 

2)                     The activities requested by the applicant are normally associated with the permitted uses in the base district;

 

“Automobile Repair, Sales and Service use” are permitted by Specific Use Permit in the C (Commercial) base zoning district. Per section 4.03 (F.3) “Specific Use Permits (SUP) are approved to allow uses that with special conditions and development restrictions may be considered compatible in a district in which they are not allowed by right.”

 

Section 8.03 (S.1) states, “The C, Commercial District is intended predominate-ly for certain retail, and light intensity wholesale and commercial uses of a service nature which typically have operating characteris-tics or traffic service requirements generally incompatible with typical office, other retail, shopping, and residential en-vironments.”  This use is compatible with the stated goals of the Commercial zoning district.

 

3)                     The nature of the use is reasonable and appropriate in the immediate area;

 

The proposed use is reasonable in the immediate area and will be surrounded by similar service, commercial, and light industrial uses.

 

4)                     Any negative impact on the surrounding area has been mitigated; and

 

                     No negative impacts in terms of traffic, noise or light are anticipated.

                     

5)                     That any additional conditions specified ensure that the intent of the district purposes are being upheld.

 

                     No additional conditions are proposed. 

                     

 

Citizen Input:                     

On February 17, 2017, the City mailed out eleven (11) letters of Notification for this Public Hearing and the associated planned development zoning change to all property owners within three hundred feet (300’) of the subject site. A public hearing notice sign was posted on the site. Notice was published in the Fort Worth Star-Telegram on February 19, 2017.   

 

As of February 27, 2017 no written responses have been received. 

 

State laws and the UDC both state that if written objections are received from twenty percent (20%) of the area of the adjacent property owners extending two-hundred feet (200’) from the subject property, then a three-fourth (¾) vote (super majority is 6 out of 7) is required by City Council for approval of this SUP request. This SUP request will not require a three-fourth (¾) super majority vote by City Council for approval.

 

Professional

Opinion:                     

Staff’s professional opinion is to support this Specific Use Permit request.

 

Board Review:                     

The Planning and Zoning Commission heard this Item at their February 27, 2017 meeting. They recommended approval as presented with a 7-0 vote with the following condition:

 

1.                     A Specific Use Permit for Optic-Kleer to operate an ‘Automobile Repair, Sales and Service use’ use in an existing 2,950 square-foot building, at 220 Calverley Place, within the C (Commercial) zoning district shall be allowed.

 

Alternatives:                     

The City Council has the following options when considering a Specific Use Permit:

                     Approve as submitted

                     Approve with modified or additional condition(s)

                     Tabling the agenda item to a specific date with clarification of intent and purpose

                     Deny