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Case Number _ZC-17-121_

ZONING MAP CHANGE STAFF REPORT

City Council Meeting Date: Council District 9 September 12, 2017

Continued Yes __ No _X_ Case Manager _Lynn Jordan__ Surplus Yes ___ No _X_ Council Initiated Yes ___ No _X_

Owner / Applicant: Yvonne Johnson Living Trust Site Location: 2564 Wabash Avenue Mapsco: 76S Proposed Use: Existing Multifamily units Request: From: “B” Two-Family with TCU Residential Overlay

To: PD/A-5 for all uses in “A-5” One-Family plus four units in three structures for a maximum of seven unrelated persons; site plan required for new construction/TCU Overlay

Land Use Compatibility: Requested change is compatible. Comprehensive Plan Consistency: Requested change is consistent. Background: This portion of the University West neighborhood has been zoned “B” Two-Family since the adoption of zoning in 1940. The area is predominantly developed with single family houses and covered by the TCU Residential Overlay, adopted in 2014. The majority of the residents of the neighborhood recently petitioned the city in to rezone their two blocks from B to A-5, consistent with the predominant use and established single family development pattern. This case, ZC-17-080, was approved on June 20, 2017. Two existing multifamily properties was processed as ZC-17-080A and approved by City Council August 1, 2017. Since the subject property was not identified as a continued property, it could not be included in 080A. There is a garage apartment with one unit, a duplex with two units and a house with one unit, totaling three structures with four residences on one lot and a total of seven bedrooms. According to the Appraisal District records, both properties were built before 1940 when the city’s zoning districts became effective. Therefore the multifamily uses have been legal nonconforming in the “B” district since that time. According to the Sanborn Map from 1950 there were three dwellings, an auto house or garage, and a garage with dwelling. The main structure is currently vacant but can accommodate four students, the other three structures can accommodate one occupant each.

Zoning Commission Recommendation: Approval as Amended for a maximum of 7 unrelated persons by a vote of 9-0

Opposition: One letter submitted Support: Three letters submitted

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At the August 9 Zoning Commission meeting the applicant requested to limit the number of unrelated people allowed on the property to seven since it was not noticed with the limitation and after meeting with the neighborhood. Site Information:

Owner: Yvonne Johnson Living Trust 411 W. 7th Street Apartment #206 Ft. Worth, Tx 76102 Acreage: 0.31 ac. Comprehensive Plan Area: TCU/Westcliff Surrounding Zoning and Land Uses:

North “A-5” One-Family / Single family East “A-5” One-Family / Single family South “B” Two-Family, / TCU parking lot West “A-5” One-Family / Single family

Transportation/Access

Street/Thoroughfare Existing Proposed In Capital

Improvements Plan (CIP)

Wabash Ave Two-way residential Two-way residential No McPherson Two-way residential Two-way residential No

Public Notification: 300 foot Legal Notifications were mailed on May 22, 2017 The following organizations were notified: (emailed May 16, 2017)

Organizations Notified Fort Worth League of Neighborhoods Assoc. Tanglewood NA University West NA* Park Hill NA Frisco Heights NA Streams and Valleys Inc Colonial Hills NA Trinity Habitat for Humanity Berry Street Initiative Fort Worth ISD

*Within this registered Neighborhood Association Recent Relevant Zoning and Platting History:

Zoning History: ZC-04-204, east of subject, from B to PD for AR uses, approved PD 616; ZC-05-196, east of subject, petition-based request, from B to A-5, approved; ZC-14-100, southwest of subject, petition-based request, from B to A-7.5, approved; ZC-14-114, west of subject, petition-based request, from B to A-7.5, approved; ZC-14-115, petition-based request, from B to A-5, approved; and ZC-14-138, subject site and surrounding area, addition of TCU Overlay, approved. ZC-17-080, petition-based request, from B to A-5, approved

Platting History: None. Development Impact Analysis:

1. Land Use Compatibility Based on the existence of the property prior to 1940, the scale of the single family home and accessory uses similar to the surrounding homes, and that a site plan is required if any new construction is proposed, the proposed “PD/A-5” is compatible with surrounding land uses.

2. Comprehensive Plan Consistency

The 2017 Comprehensive Plan designates the site as Single Family. The proposed zoning provides for an affordable option of housing in the inner city and conforms to the following Comprehensive Plan policies:

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• Protect residential neighborhoods from incompatible land uses, disinvestments, encroachment, speculation, demolition, neglect, and other negative forces.

• Encourage single-family residential development and outside of growth centers.

• Encourage infill development of compatible, single-family homes in existing neighborhoods to preserve and protect residential neighborhoods.

Based on conformance with the policies stated above, the proposed zoning is consistent with the 2017 Comprehensive Plan.

Attachments:

• Location Map • Area Zoning Map with 300 ft. Notification Area • Future Land Use Map • Aerial Photograph • Minutes from the Zoning Commission meeting

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ÜSubject Area300 Foot Notification Area

Area Zoning Map

ZC-17-121

Applicant: Yvonne Johnson Living TrustAddress: 2564 Wabash AvenueZoning From: B with TCU OverlayZoning To: PD for A-5 uses plus 4 units in 3 structures; site plan required with new construction/TCU OverlayAcres: 0.315906Mapsco: 76S Sector/District: TCU/W.cliffCommission Date: 8/9/2017 Contact: 817-392-8043

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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-17-121

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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-17-121

40 0 4020 Feet

Future Land Use

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Aerial Photograph

100 Year Flood Zone

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ZC-17-121

70 0 7035 Feet Aerial Photography Date February 2015

Draft ZC minutes (not verbatim) August 9, 2017

Various Opposition Several letters of opposition to the variance for a sign

10. ZC-17-119 CEMS Texas Real Estate LLC (CD 9) – 2816 Hemphill St (South Hemphill Heights Addition, Block 14, Lot 20, 0.17 ac.) From: “A-5” One-Family To: “MU-1” Low Intensity Mixed Use Calvin East, 4704 Melrose Park, Colleyville, TX, representing the applicant stated they want to use the existing house and convert it into an office. Motion: Following brief discussion, Ms. Dunn recommended Approval of the request, seconded by Mr. Northern. The motion passed unanimously 9-0. Document received for written correspondence ZC-17-119

Name Address In/Out 300 ft notification area

Position on case Summary

Calvin East 4704 Melrose Park, Colleyville, TX

Support Representing applicant

South Hemphill Heights NA Support Sent Letter Hemphill Corridor Task Force Support Sent Letter 11. ZC-17-121 Yvonne Johnson Living Trust (CD 9) – 2564 Wabash Ave (University Place Addition, Block 10, Lot 17, 0.32 ac.) From: “A-5” One-Family with TCU Residential Overlay To: PD/A-5 for all uses in “A-5” One Family plus four units in two structures; site plan required for new construction/TCU Residential Overlay Yvonne Johnson, 2564 Wabash Ave, owner, spoke about the history of the development. The house and garage apartment were built in 1936 and the duplex was built in 1952. Her property is able to park 8 cars. She mentioned that she reached out to the neighbors to explain the request. Dan McKenzie, 2637 Boyd, representing the University Heights NA, wanted clarification for the proposal, and if the request would limit the number of unrelated people that could live on the property he has no issue with it. Motion: Following brief discussion, Ms. Dunn recommended Approval of the request as amended to limit the number of unrelated people living on the property to seven (7), seconded by Ms. Trevino. The motion passed unanimously 9-0. Document received for written correspondence ZC-17-121

Name Address In/Out 300 ft notification area

Position on case Summary

Yvonne Johnson 2564 Wabash Ave Support Owner

Draft ZC minutes (not verbatim) August 9, 2017

Dan McKenzie 2637 Boyd Opposition Representing the University Heights NA,

Alex Larke 2552 Rogers Support Sent Letter

Becky Fetty 2550 Rogers Opposition Sent Letter with questions that staff/applicant addressed

Ryan Schmitz Opposition Sent Letter opposed unless # of occupants was changes to 7

12. ZC-17-122 Bipin N. Doshi (CD 9) – 3400 Hulen St. and 4609 Diaz Ave (Chamberlain Arlington Heights, Block 16, Lots 2-6, 0.37 ac.) From: “B” Two-Family To: PD/E Planned Development for all uses in “E” Neighborhood Commercial; site plan included David Gregory, 2840 W Southlake Blvd, Southlake, TX, representing the applicant, spoke about the property. It is currently dual zoned, and they are asking for a waiver to the supplemental setback for being adjacent to a residential zoning district. They are willing to work with staff in regards to the waiver for the sign in the setback. Brenda Helmer, 4900 Birchman, spoke in opposition. She believes this is a reckless location, because students from Arlington Heights High School leave campus to eat lunch and have to cross Hulen in order to get to “restaurant row.’ She believes there are many safety issues, and requested a continuance in order to speak with surrounding businesses and get a petition in opposition together. During the rebuttal Mr. Gregory stated that they will be closing the two existing drives and open onto Diaz. He also stated the drive-thru traffic queue will be completely contained on site and there will be no access to the alley on the south side of the property. Motion: Following brief discussion, Ms. Dunn recommended Approval of the request, seconded by Mr. Aughinbaugh. The motion passed 7-2 with Mr. Cockrell and Ms. Conlin voting against. Document received for written correspondence ZC-17-122

Name Address In/Out 300 ft notification area

Position on case Summary

David Gregory 2840 W Southlake Blvd, Southlake, TX

Support Representing applicant

Brenda Helmer 4900 Birchman Out Opposition Spoke at hearing

Greg Jackson 4617 Houghton Opposition Sent Letter

Sunset Heights NA Support Sent Letter