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Case Number ZC-17-125

ZONING MAP CHANGE STAFF REPORT

City Council Meeting Date: Council District 9 October 10, 2017

Continued Yes __ No _X_ Case Manager Laura Evans Surplus Yes ___ No _X_ Council Initiated Yes ___ No _X_

Owner / Applicant: Walter B. Welborn Site Location: 3101 6th St., 3108-3112 5th and 1301 W. Berry Mapsco: 76Z Proposed Use: Mini-warehouse facility Request: From: “BU/SH-3” Berry University Form Based Code Shopfront 3 stories, “BU/RA-3”

Berry University Form Based Code Residential Attached 3 stories To: “PD/BU/SH-3” PD Planned Development for all uses in “BU/SH-3” Berry

University Form Based Code Shopfront 3 stories plus three story mini-warehouse with basement, maximum height 40 ft.; site plan included.

Land Use Compatibility: Requested change is not compatible. Comprehensive Plan Consistency: Requested change is not consistent. Background: The proposed site is located at the northeast corner of W. Berry Street and 6th Street. The applicant is requesting a zoning change from BU/SH-3 and BU/RA-3 to “PD/BU/SH-3” Planned Development for all uses in “BU-SH-3” Berry University plus four-story mini-warehouse; site plan included. The applicant would like to rezone the proposed site to build a four-story mini-warehouse. The proposed site was rezoned in 2016 as part of the Berry University form-based code. The site is primarily surrounded by single-family lots with the railroad directly adjacent to the eastern property line. The Berry/University Form based Code was approved earlier this year in order to provide regulations and guidance for the orderly and consistent development and redevelopment of the area that The Code is intended to support the residential and commercial needs of TCU while preparing the area for the planned future rail station at Cleburne Ave. The Code was written for density in the appropriate locations and to encourage pedestrian activity and an improved quality of the public areas, especially sidewalks and storefronts. The addition of a mini warehouse would not be in line with the vision of the area that would encourage commercial activity along Berry St. and residential growth in the inner block.

Zoning Commission Recommendation: Approval as Amended for 3 story with basement, maximum height 40 ft. by a vote of 8-1

Opposition: 21 Emails Support: Hemphill Corridor Task Force, South Hemphill

Heights NA, Shaw-Clarke NA, Rosemont NA, 16 Emails, petitions with 101 signatures

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Meetings have been held which caused the developer to add more architectural elements to the facades facing Berry Street. Site Information:

Owner: Walter B. Welborn 4825 River View Dr

Dallas, TX 76132 Agent: Michael Sawilowsky Acreage: 1.24 acres Comprehensive Plan Sector: Southside Surrounding Zoning and Land Uses:

North “A-5” One-Family / single-family East “B” Two-Family / single-family South “BU-RA-3” / single-family West “BU-RA-3” / single-family

Recent Relevant Zoning and Platting History: Zoning History: ZC-16-192 from various to Berry/University form-based code, effective 3/19/17

(subject property and property to the west) ZC-15-102 from B to E; change denied 9/1/15 (subject property and surrounding

property) Platting History: None

Site Plan Comments: The revised site plan as submitted is not in compliance with the following zoning regulations. 1. Signage exceeds allowable square footage for two signs. (waiver requested) 2. Cannot meet the landscaping standard of 10% net site landscaping with 75% in the front yard. (waiver requested)

Zoning Commission recommended waivers to the items noted above. TPW site plan comments: 1. Alley Width (31-106.g.2).

a. Single-family and two-family residential = 16ft. with 12 ft. paving edge to edge b. Multi-family and non-residential = 20ft. with 20ft. paving edge to edge

2. Street Dimensions - Show the dimensions of all existing or recorded streets, alleys, easements, railroad ROW, or other public ROW within or adjacent to the subdivision boundaries. The distance from the centerline of the existing roadway of the boundary street to the proposed property line shall be shown. Include all dedication information for all existing rights-of-way. 3. Gated Entrances (Ch. 31-107) - Gated entrances into secured areas must be designed in accordance with TPW’s “Traffic Engineering Design Standards and Policy Guidelines”. Provisions for an acceptable turnaround must be made. Provide details in IPRC plan set (single-family) or UR site plan (multi-family) for gates. All gates shall be equipped with a knox-box or other approved fire access apparatus that is reviewed and approved by the Fire Department. (Gates must be located 3 vehicle lengths from the ROW). 4. Sidewalks (Ch. 31-106-C-15) - Sidewalks and street lights are required for all public and private streets and public access easements as per City of Fort Worth Standards. (Sidewalks are 5 feet along street frontages) Platting site plan comments: 1. The portion of Fifth Avenue Closed by ordinance number 3075 must be replatted with the

adjoining property prior to the issuance of a building permit.

Stormwater site plan comments: 1. Commercial grading permit required 2. Integrated Stormwater Management Plan (iSWM) required

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Water site plan comments: 3. No permanent structures over, under, encroaching lines and their easements 4. Need Water and Sewer exhibit 5. Provide adequate water and sewer easements Fire site plan comments: 1. 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. 2. It is the applicant's and the owner's responsibility to meet all minimum fire code requirements at

all times. 3. The City of Fort Worth has adopted the 2015 International Fire Code as its current fire code. 4. The City of Fort Worth also has adopted amendments to this code. The City of Fort Worth Fire

Code Amendments can be found online at www.fortworthtexas.gov/Fire/ (click on Bureau of Fire Prevention

Platting, TPW and Water comments made by staff cannot be waived through the zoning process. Transportation/Access

Street/Thoroughfare Existing Proposed In Capital

Improvements Plan (CIP)

Berry Commercial Mixed-Use

Commercial Mixed-Use No

Public Notification: 300 foot Legal Notifications were mailed on July 21, 2017. The following organizations were notified: (emailed July 17, 2017)

Organizations Notified Fort Worth League of Neighborhood Associations

Near Southside Neighborhood Alliance Neighbors Working Together Rosemont NA* Paschal NA Jennings May St Louis NA Worth Heights NA South Hemphill Heights NA Ryan Place Improvement Assn Shaw Clarke NA Streams And Valleys Inc Trinity Habitat for Humanity Hemphill Corridor Task Force Berry Street Initiative Fort Worth ISD

*Located within this registered Neighborhood Association

Development Impact Analysis: 1. Land Use Compatibility

The applicant is proposing a zoning change from “BU/SH-3” and “BU/RA-3” to “PD/BU/SH-3” Planned Development for all uses in “BU/SH-3” Berry University Berry University Form Based Code Residential Attached 3 stories plus four-story mini-warehouse; site plan included. Surrounding land uses are primarily single-family with commercial along Berry St. to the west and a railroad along the eastern property line. The proposed zoning for this site is not compatible at this location.

2. Comprehensive Plan Consistency The 2017 Comprehensive Plan designates the subject property as Neighborhood Commercial. The requested zoning change is not consistent with the following Comprehensive Plan policies:

• Separate incompatible land uses with buffers or transitional uses. Some land uses have attributes such as height, proportion, scale, operational characteristics, traffic generated, or appearance that may not be compatible with the attributes of other uses. (pg. 38)

Based on the lack of conformance with the future land use map and policy stated above the proposed zoning is not consistent with the Comprehensive Plan.

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Attachments: • Location Map • Area Zoning Map with 300 ft. Notification Area • Future Land Use Map • Aerial Photograph

• Site Plan • Minutes from the Zoning

Commission meeting

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ÜSubject Area300 Foot Notification Area

Area Zoning Map

ZC-17-125

Applicant: Walter WelbornAddress: 3101 6th Avenue, 3104 - 3122 (evens) 5th Avenue, 3101 W. Berry StreetZoning From: BU-SH-3, BU-RZ-3Zoning To: PD/BU-SH for mini-warehousesAcres: 1.24064Mapsco: 76Z Sector/District: SouthsideCommission Date: 8/9/2017 Contact: 817-392-8043

§̈¦35W

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BERRY

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Fort Worth

Area Map

Ü 1,800 0 1,800900 Feet

Council Districts2 - Carlos Flores3 - Brian Byrd4 - Cary Moon5 - Gyna Bivens6 - Jungus Jordan7 - Dennis Shingleton8 - Kelly Allen Gray9 - Ann Zadeh

ZC-17-125

W E S T B E R R Y S T R E E T

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ZONING CASE NUMBER; ZC-17-25

3101 6TH AVE.

FORT WORTH, TEXAS

SELF STORAGE FACILITY

AUGUST 18,2017

3973 W. VICKERY BLVD., SUITE 103

FORT WORTH, TX 76107

REGISTRATION NO. F-9435

PHONE -

FAX -

MJT NO. -

(817) 732-9839

(817) 732-9841

757-002

MJ THOMAS ENGINEERINGOWNER/DEVELOPER DIRECTOR OF PLANNING AND DEVELOPMENT:

DATE:SIGNATURE:

ARCHITECT

0

FEET20 4010

SCALE 1" = 20'

SITE PLAN

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6TH

5TH

BERRY

DEVITT

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Future Land Use CategoryVacant, Undeveloped, AgriculturalRural ResidentialSuburban ResidentialSingle Family ResidentialManufactured HousingLow Density ResidentialMedium Density ResidentialHigh Density ResidentialUrban ResidentialInstitutional

Neighborhood CommercialGeneral CommercialLight IndustrialHeavy IndustrialMixed-UseIndustrial Growth CenterInfrastructure100 Year Flood PlainPublic Park, Recreation, Open SpacePrivate Park, Recreation, Open SpaceLakes and PondsA - Activity Street

CMCO - Commercial ConnectorCMU - Commercial Mixed Use StreetNC - Neighborhood ConnectorSL - System Link

ÜA Comprehensive Plan shall not constitute zoning regulations orestablish zoning district boundaries. (Texas Local Government Code, Section 219.005.) Land use designations were approved by City Council on March 7, 2017.

ZC-17-125

75 0 7537.5 Feet

Future Land Use

6TH

5TH

BERRY

DEVITT

HIGH

RYAN PLACE

Aerial Photograph

100 Year Flood Zone

Ü

ZC-17-125

120 0 12060 Feet Aerial Photography Date February 2015

Draft ZC minutes (not verbatim) September 13, 2017

Jennifer Hughes 6008 Red Drum In Support Sent email 3. ZC-17-106 Carl Suverkrop & Tyrone Bradfield (CD 2) – 3002 & 3004 McKinley Avenue (Worth Hills Addition, Lots 20-21, Block 29, 0.27 acres) From: “A-5” One-Family To: “B” Two-Family Carl Suverkrop, 728 Highland Park Dr, Hurst, TX, applicant spoke in support. He stated there are 20 duplexes within 1000’ of the property. They are at the end of the block; the very last lot is unusable and they have tried to contact the owner in order to buy it. They have not considered anything except a duplex. They engaged with the neighborhood association after the last meeting and contacted them biweekly, but did not hear back from them until Monday. Ashton Nelson, 3417 N Crump, representing Inter 2 District Alliance, spoke in opposition. He stated the area fought to have the area rezoned to single family for a reason. Motion: Following brief discussion, Ms. Trevino recommended Denial of the request, seconded by Ms. Conlin. The motion passed unanimously 8-0 with Mr. Cockrell abstaining. Document received for written correspondence ZC-17-106

Name Address In/Out 300 ft

notification area

Position on case Summary

Carl Suverkrop 728 Highland Park Dr, Hurst, TX Support Applicant

Ashton Nelson, 3417 N Crump Opposition Representing Inter 2 District Alliance

4. ZC-17-125 Walter B. Welborn (CD 9) – 3101 6th St, 3108-3112 5th St, and 1301 W. Berry St (John C. Ryan South Addition, Block 43, Lots 1-5, 21, 1.24 ac.) From: “BU/SH-3” Berry University Form Based Code Shopfront 3 stories, “BU/RA-3” Berry University Form Based Code Residential Attached 3 stories To: “PD/BU/SH-3” Planned Development for all uses in “BU/SH-3” Berry University Form Based Code Shopfront 3 stories plus four-story mini-warehouse; site plan included. Michael Sawilowsky, 3533 Wooten Dr, representing the applicant, gave a brief presentation describing the subject property and the proposed development. He spoke to the hurdles to developing this property, including the lack of access to Berry Street. There are also some environmental issues due to the old water tower that was on the property. Robert Snoke, 3826 6th Ave, representing the Rosemont NA, spoke in support. He spoke about the illicit activity that happens on the property. He stated they have gotten over 100 signatures on petitions in support. Renny Rosas, 3821 Bryan, spoke in support. He stated he passes by the property several times a week and believes the development will be good for anyone that drives on Berry.

Draft ZC minutes (not verbatim) September 13, 2017

Cameron Szok, 3010 5th Ave, spoke in opposition. He stated the Berry Street Initiative is a way to monitor growth. It doesn’t fit into the urban village tenant style. Lin Parham, 2516 Ryan Place Dr, spoke in opposition. She owns 5 properties within 300’ of the development. She stated she has concerns with the height as well as the ingress/egress of the site. James Craig, 3033 6th Ave, spoke in opposition. He stated that many of his concerns had already been expressed. He stated that some had been told this would be a medical records storage facility. He wants this to be a vibrant live/work area. Motion: Following brief discussion, Mr. Aughinbaugh recommended Approval of the request as Amended limit to three stories with basement/40 feet maximum, seconded by Ms. Conlin. The motion passed 8-1 with Ms. Dunn voting against. Document received for written correspondence ZC-17-125

Name Address In/Out 300 ft.

notification area

Position on case Summary

Michael Sawilowsky 3533 Wooten Dr Support

Robert Snoke 3826 6th Ave Support Spoke at hearing

Renny Rosas Out Support Spoke at hearing

Cameron Szok 3010 5th Ave Out Opposition Spoke at hearing; sent letter

Lin Parham 2516 Ryan Place Dr Out Opposition Spoke at hearing

James Craig 3033 6th Ave In Opposition Spoke at hearing

Tyler Hampton 2921 Ryan Ave Out Opposition Sent Email

Maureen Brown 2825 Willing Out Opposition Sent Email

Jeffrey Cizenski 2917 Ryan Ave Out Opposition Sent Email

Cally Smoke 2924 5th Ave Out Opposition Sent Email

Nina Burrows 3000 6th Ave Out Opposition Sent Email P. Christian

Schroder 2512 5th Ave Out Opposition Sent Email

Christina Elbitar 3016 6th Ave Out Opposition Sent Email

Peter Szok 3010 6th Ave Out Opposition Sent Email

Kristin Sloane Out Opposition Sent Email

Kendal Lake 3000 5th Ave Out Opposition Sent Email

Edward Ybarra 3041 6th Ave In Opposition Sent Email

Layne Craig 3033 6th Ave Out Opposition Sent Email

Draft ZC minutes (not verbatim) September 13, 2017

Terri West 3030 Willing Ave Out Opposition Sent Email

Brenda Patton Out Opposition Sent Email

Ruth Karbach 3058 Ryan Place Dr Out Opposition Sent Email

Braden Barr 2912 6th Ave Out Opposition Sent Email

James Craig 3033 6th Ave Out Opposition Sent Email

Mary Kasynski Out Opposition Sent Email

Claire Browing Out Opposition Sent Email

Andrew Browing 2601 Ryan Place Dr Out Opposition Sent Email

Hemphill Corridor Task Force Support Sent Letter

South Hemphill Heights Support Sent Letter

Shaw-Clarke NA Sent Email

Rosemont NA Sent Letter

Christian Trinh Out Support Sent Email

Darrin Bell 3133 Willing Ave Out Support Sent Email

David Jones Out Support Sent Email

Jason Arnold Out Support Sent Email

Jason Youngblood Out Support Sent Email

Lisa Aubry Out Support Sent Email Cathyrn Record-

Horn Out Support Sent Email

Joan Kline Out Support Sent Email

Cade Lovelace 2316 5th Ave Out Support Sent Email

Sean Crotty Out Support Sent Email

Angelica Carlock 3023 Ryan Place Dr Out Support Sent Email

Betsy Morris 923 W Fogg Out Support Sent Email

Annette Kellum 3032 Willing Ave Out Support Sent Email

Various Petition with approx. 100 signatures

IV. New Cases 5. ZC-17-112 City of Fort Worth Planning and Development (CD 5) – Generally Bounded By Metro Drive, Lake Arlington, I-20, And Loop 820 (see exhibit in case file, 553.05 ac.) From: “A-10” One-Family, “A-7.5” One-Family, “A-5” One-Family, “B” Two-Family, “CR” Low Density Multifamily, “C” Medium Density Multifamily, “MH” Manufactured

Draft ZC minutes (not verbatim) August 9, 2017

Laura & Bob Jenkins 2320 Hillcrest In Opposition Sent Letter

Robert Southerland 4300 Pershing In Opposition Sent Notice

Genevieve Parks 4231 El Campo In Opposition Sent Notice

Christina Patoski 4237 El Campo In Opposition Sent Notice Chiquita Costen 2313 Tremont In Opposition Sent Notice

Michelle Thomason 2312 Tremont In Opposition Sent Notice

George Neely 2316 Tremont In Opposition Sent Notice

Lynda Johnson 4240 Pershing In Opposition Sent Notice

Juliet Dees 2304 Tremont In Opposition Sent Notice

Mary Ritter 4301 El Campo In Opposition Sent Notice Jill Broussard 2305 Tremont In Opposition Sent Notice

William Casstevens 2309 Tremont In Opposition Sent Notice

Bradley Smith 2321 Tremont In Opposition Sent Notice 15. ZC-17-125 Walter B. Welborn (CD 9) – 3101 6th St, 3108-3112 5th St, and 1301 W. Berry St (John C. Ryan South Addition, Block 43, Lots 1-5, 21, 1.24 ac.) From: “BU/SH-3” Berry University Form Based Code Shopfront 3 stories, “BU/RA-3” Berry University Form Based Code Residential Attached 3 stories To: “PD/BU/SH-3” Planned Development for all uses in “BU/SH-3” Berry University Form Based Code Shopfront 3 stories plus four-story mini-warehouse; site plan included. Michael Sawilowsky, 3533 Wooten Dr, representing the applicant, requested a continuance to fix the site plan and speak to the neighborhood associations, as well as work with BNSF Railroad. Robert Snoke, 3826 6th Ave, representing Rosemont NA, spoke in opposition. He stated the neighborhood association has not taken a position and agreed with the continuance. Paul Millender, 3121 Lipscomb, representing South Hemphill Heights NA, spoke in opposition, He stated he is opposed because of the lack of information and agrees with the continuance. Motion: Following brief discussion, Ms. Dunn recommended a 30-day continuance of the request, seconded by Ms. Runnels. The motion passed unanimously 9-0. Document received for written correspondence ZC-17-125

Name Address In/Out 300 ft notification area

Position on case Summary

Michael Sawilowsky 3533 Wooten Dr Support Representing applicant

Draft ZC minutes (not verbatim) August 9, 2017

Robert Snoke 3826 6th Ave Opposition Spoke at hearing, representing Rosemont NA

Paul Millender 3121 Lipscomb Opposition Spoke at hearing, representing South Hemphill Heights NA

Ryan Place Improvement District

Opposition Sent letter asking for continuance

South Hemphill Heights NA Opposition Sent letter asking for

continuance 16. ZC-17-128 VERONICA MENDOZA AND KENNETH D TELCHIK (CD 4) – 1717 N. Beach St (E.A. Brawner Subdivision, Block 1, Lots 1R and 2R, 0.47 ac.) From: “A-7.5” One-Family To: “E” Neighborhood Commercial Veronica Mendoza, 9024 McFarland Way, applicant, said she wishes to relocate her business which is currently in Haltom City to this property. She plans to use the existing house and add a parking lot to the site. She brought a petition in support and mentioned she only requested “E” for the ability to have a monument sign. Motion: Following brief discussion, Mr. Gober recommended Approval of the request, as amended, for PD/ER office use only with a detached unilluminated monument sign, site plan waived, seconded by Ms. Dunn. The motion passed unanimously 9-0. Document received for written correspondence ZC-17-128

Name Address In/Out 300 ft notification area

Position on case Summary

Veronica Mendoza 9024 McFarland Way Support Applicant

Carter Riverside NA Support Sent Letter

Orest Duka 3810 Earl St Opposition Sent Notice 17. ZC-17-129 Crowley Commercial Llc (CD 9) – 12301 South Freeway/IH 35 South (Mayfield-Kiser Addition, Block 1 Lot 1, 8.05 ac.) From: “MU-1” Low Intensity Mixed Use To: "F” General Commercial The case was called and moved to the end of the agenda. The case was later recalled and no applicant was in attendance to represent the case. Motion: Following brief discussion, Ms. Runnels recommended Approval of the request, seconded by Ms. Conlin. The motion passed unanimously 8-0.