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ZC May 8, 2024
District: 11 | Southeast
7.13-Acre Multifamily | 4550 Village Creek Rd | Approved
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DISTRICT: 11
4550 Village Creek 4550 Village Creek Rd & 4519 Moorview Ave
Southeast | 7.13 Acres | Approved
This case highlights the City of Fort Worth's power to rezone properties without owner's consent. The case involves rezoning from Industrial Park (IP) to Low-Density Multifamily (CR). The property owner, Provident Realty Advisors, purchased the land in 2022, relying on the existing industrial zoning. However, the City initiated the rezoning process after concerns from the adjoining neighborhood about the scale and intensity of allowed uses under the current zoning.
Several community members spoke in support of the rezoning:
Byron Blake expressed concern about the preservation of the Henderson Cemetery located within the property.
Patrina Newton, representing the Village Creek Neighborhood Association, argued that the current IP zoning has allowed activities that harm adjacent uses, contrary to the purpose statement of the IP zoning classification.
Latita Wilburn from the Echo Heights Stop Six Environmental Coalition highlighted the historical significance of the cemetery, which may contain unmarked graves of slaves, Native Americans, and early settlers.
Charles Smith, a local resident, mentioned that the property owners have disregarded concerns about the cemetery, drainage, and pollution.
Rev. Perry Williams, another resident, emphasized the importance of prioritizing people over trucks and supported the rezoning.
Winstead’s Art Anderson, representing Provident Realty Advisors, opposed the rezoning. He argued that the property owner had relied on the existing industrial zoning and entitlements when purchasing the property in 2022. Anderson suggested that the downzoning could be considered an unconstitutional regulatory taking and significantly diminish the property's value.
‟This would be an unconstitutional regulatory taking. We have fiduciary duty to our investors. We can't just say, "Hey, it's okay to diminish the value of this property significantly and not do anything about it."
Here are some questions answered.
How can the City force a rezone?
The City has the authority to rezone properties, even without the owner's consent, if it is deemed to be in the public interest and in accordance with the City's Comprehensive Plan.
“Council initiated rezoning. The neighborhood that adjoins this property has expressed concerns about the scale and intensity of allowed uses.”
Could it be redeveloped by a multifamily developer with the new zoning?
The proposed rezoning from "IP" Industrial Park to "CR" Low-Density Multifamily would allow for the development of a multifamily residential product on the site. The "CR" zoning designation is specifically intended for low-density residential uses, which can include apartments, townhomes, duplexes, or single-family homes.Despite the Owner’s argument that the case is unconstitutional, the City is proceeding with the rezoning process, as it has the legal authority to do so when the change is considered to be beneficial for the community and consistent with long-term planning goals. The rezoning was approved by the Zoning Commission and will be heard by the City Council on May 21st. Council Member Martinez initiated the case.
Developer/Owner: Provident Realty Advisors, Leon J. Backes Phone: (972) 385-4100 Email: [email protected], Brent Wille Email: [email protected]
Attorney: Winstead, Art Anderson Phone: (214) 745.5745 Email: [email protected]
Staff Report: ZC-24-003
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