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ZC May 8, 2024

District: 9 | Arlington Heights

District: 6 | Far Southwest

District: 11 | Southeast

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Zoning Commissioner Changes

As of May 2024, Rafael McDonnell (District 5) has replaced Willie Rankin (District 2) as the Chair of the Zoning Commission. The seats for Districts 1 and 2 are now vacant, as Jarod Cox (District 1) also left. In January 2024, Matt McCoy joined the Commission, representing District 4.

Zoning Commissioners May 8, 2024

Fort Worth Zoning Commissioners, May 8, 2024

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DISTRICT: 9
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Arlington Heights | 11.45 Acres (27.5 Total) | Approved

Larkspur Capital, led by Carl Anderson, has proposed rezoning 11.45 acres from industrial to high-intensity mixed-use. This change enables an $850 million redevelopment that will transform the area near Panther Island. The 2 million SF product will developed in its entirety, without phasing, as confirmed by Ray Oujesky from Kelly Hart & Hallman LLP. Ownership includes Bass Brothers Inc., a subsidiary of the 13.3 B Bass Family known for their influence in Fort Worth.

The project, located at 100 N University Dr., 2808 Tillar St., 2901 Shotts St., 2801-2809 & 2720 Cullen St., aims to replace dilapidated warehouses with a vibrant mixed-use urban village. The total 2 million SF will be a mix of residential, retail, office, and hospitality product types. This aligns with the City's Comprehensive Plan goals of promoting economic growth, meeting the needs of an expanding population, revitalizing the central city, developing multiple growth centers, and celebrating the Trinity River.

The project looks to create a pedestrian-friendly environment in an industrial area. By providing direct access to the Trinity Trails System, the development will encourage walkability and the reduction of car reliance.

The Zoning Commission and City Staff approved, noting the project's compatibility with surrounding land uses and consistency with the Comprehensive Plan. While the mix of uses deviates slightly from the Future Land Use Plan, Larkspur argues that the project's benefits outweigh this minor inconsistency.

As of now, there has been no specific community opposition or support. However, the developer has conducted neighborhood outreach to ensure open communication with the surrounding communities.

Matt McCoy
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‟It looks completely appropriate to me.

Matt McCoy, Zoning Commissioner, District 4
Wes Hoblit
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‟Yeah…I think it’s going to be great.

Wes Hoblit, Commissioner, District 9
Developer: Larkspur Capital, Carl Anderson Phone: (214) 443-1920 Email: [email protected]
Owners: Bass Brothers Enterprises, Inc., Larkspur
Attorney: Kelly Hart & Hallman LLP, Ray Oujesky Phone: (817) 878-3556 Email: [email protected]
Staff Report: ZC-24-032
Project Plans: ZC-24-032 Plan
DISTRICT: 6
Far Southwest | 302.2 Acres | Continued 30 Days

Walton is proposing a 302.2-acre product with an affordable component in Far Southwest Fort Worth. Rock Creek Ranch aims to rezone undeveloped, "A-5" One Family Residential land to a mix of "R1" Zero Lot Line/Cluster and "D" High-Density Multifamily. The developer's representative, Ben Raef, emphasized Walton’s interest in providing affordable units.

Ben Raef
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‟(Walton) is looking to mix up some of their their uses and affordability options down there south of town.

Ben Raef, Westwood

Rock Creek Ranch is facing opposition from neighboring Panther Heights. Ethel Wetmore, a resident of Panther Heights, formally objected to the proposed zoning changes. She cited issues such as increased non-residential traffic, noise pollution, and potential flooding due to the development's proximity to the flood plain and the area's soil composition. Paul King, another resident, expressed concerns about the incompatibility of the proposed high-density housing with the existing low-density custom homes in Panther Heights.

In response to these concerns, Walton requested a 30-day continuance to engage with the community and address their issues before proceeding with the rezoning request. Raef explained:

Ben Raef
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‟We want to make sure that we're being good neighbors as well and to take to take their comments back, adjust, and come back before you.

Ben Raef, Westwood
Developer: Walton, Anthony Ybarra Phone: (403) 265-4255 Email: [email protected]
Representative: Westwood, Ben Raef Phone: (817) 562-3350 Email: [email protected]
Staff Report: ZC-24-027 SR
Project Plans: ZC-24-027 Plan
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DISTRICT: 11
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:

  1. Byron Blake expressed concern about the preservation of the Henderson Cemetery located within the property.

  2. 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.

  3. 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.

  4. Charles Smith, a local resident, mentioned that the property owners have disregarded concerns about the cemetery, drainage, and pollution.

  5. 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.

Art Anderson
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‟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."

Art Anderson, Winstead

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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