Case Number ZC-13-018

FORT WORTHZONING MAP CHANGE

STAFF REPORT

City Council Meeting Date:June 4,2013

Council District 2

Opposition: Several property owners

ContinuedCase ManagerSurplusCouncil Initiated

YesL NoStephen MurrayYes NoLYes NoL

Zoning Commission Recommendation:Approval by a vote of 5-2

Owner / Applicant: Electro-Tech Services, Inc.

Site Location: 5116 Northeast Parkway Mapsco: 49K

Proposed Use: Halfway House

Request: From: "K" Heavy Industrial

To: "PD/K" Planned Development for all uses in "K" Heavy Industrial plus halfwayhouse; site plan included

Land Use Compatibility: Requested change is compatible.

Comprehensive Plan Consistency: Requested change is consistent.

Background:The case was continued from the May 14, 2013 Council meeting in order for the applicant to meet withvarious property owners to negotiate possible locations.

The proposed site is located on Northeast Parkway in the southwest quadrant of IH 35W and Loop 820.The applicant is requesting a zoning change from "K" Heavy Industrial to "PD/K" Planned Developmentfor K uses plus halfway house. The request is the result of an existing site being acquired for the TrinityRiver Vision project.

According to information provided by the applicant, halfway houses function as a method of reintegrationfor offenders. Rather than sending an inmate on the street, a halfway house provides a transition. Thetransfer to a halfway house provides the opportunity for the offender to become employed and save somemoney prior to release. It also allows for a more gradual return to freedom and assists in reducingrecidivism. The site is not located on a bus or transportation line; the facility will provide a shuttle serviceto the Northside bus transfer station for access to employment locations.

The applicant contracts with the Texas Department of Criminal Justice (TDCJ) to house, feed and provideother specified services to offenders, most if not all of whom are returning to Tarrant County from theprison system. TDCJ prefers to send offenders eligible for a halfway house to the closest halfway houseto the County the offender is ultimately returning to. Tarrant County offenders are sent to the Avalon FortWorth facility. These offenders are assisted with obtaining employment and saving money for theireventual release.

A smaller, secondary population is Sex Offender Civil Commitments. These are individuals who haveserved their criminal convictions but who are determined to be unfit for unsupervised release. These

Page 1 of 4

offenders are monitored and confined to the facility and are not eligible for work release. The applicantdoes not currently provide Therapeutic Community substance abuse services at the Fort Worth facility,but these services may be needed in the future by TOCJ. These offenders would receive treatmentservices while in the facility.The applicant, through a wholly owned Texas subsidiary, currently provides halfway house services inFort Worth at a leased facility at 600 N. Henderson (acquired in 2009). This facility will eventually betaken by eminent domain as a part of the Trinity River Vision Project. One year remains on the lease.

Correctional staff will continually monitor the residents while they are in the facility. Head counts areperformed at periodic intervals resulting in physical confirmation of residents' locations 10-11 times perday. Any resident leaving the facility must have an approved itinerary. Failure to follow the approveditinerary results in sanctions including the possibility of returning to higher security. Job checks areperformed on a periodic but random basis to ensure working offenders are on the job. All personsreturning to the facility are given a breathalyzer test. Drug testing is also done both on suspicion as wellas at random. Entry into the facility subjects the person to a pat down search as well as passage througha metal detector. Cameras will be in place to monitor all activities inside and outside the facility.Recreation areas will be surrounded by a privacy fence. Male and female areas will be kept separateboth inside the facility and in the recreation areas.

The planned facility will employ approximately 45 people. On staff will be an administrator, an assistantadministrator, operations supervisor(s), client monitors, case managers, maintenance personnel,employment specialists and other necessary employees.

The site is immediately adjacent to the Greenbay Jail facility, which is one of four (4) Tarrant County Jailsites. According to the Tarrant County Website, the Confinement 8ureau books in approximately 32,000inmates a year. All inmates are centrally received at the Corrections Center where they are booked,photographed and enrolled. After the inmates are booked, they are processed in to the jail system andhoused in one of the four facilities.

Prior to filing the application, the general counsel and another vice president of the applicant attempted tocontact neighboring businesses within a quarter mile. According to the applicant, none of the neighborsexpressed concern or opposition to the proposed use. Additionally, all known parks, schools, daycares orother places children and youth gather are more than a mile away from the location.

Due to the nature of the proposed use, more stringent reporting and noticing are required. Section4.3058 of the Zoning Ordinance requires an area plan showing zoning classifications and land uses of allproperty within % mile of the site of the proposed halfway house. In addition, the area plan mustspecifically identify all uses related to children, such as schools, places of worship, parks, playgrounds,day care centers, public and private youth centers, public swimming pools and video arcade facilities. Aninset area map on the PO site plan provides that the site is not within % mile proximity to any of theseuses.

Also, notification of the requested zoning change was sent to the owners of all property within 1,000 feet,in accordance with the procedure set out in the Zoning Ordinance. There were no registeredneighborhoods within 1,000 feet of the proposed site. (The % mile courtesy notification was sent only tothe Eagle Mountain-Saginaw ISO.) Finally, as required, notice of the time and place of the hearing beforethe City Council will be published in an official newspaper or a newspaper of general circulation at least15 days before the hearing as required by state law and shall be at least 5" by 8".

This case was continued from the February meeting in order to address neighborhood andCommissioners concerns. The applicant met with the neighboring property owners for 2 hours onFebruary 28th. According to the applicant, the meeting with the neighboring property owners was notproductive and a meaningful compromise was not reached.

Site Information:Owner: Electro-Tech Services, Inc.

19481 San Jose AveCity of Industry, California 91748

Page 2 of 4

Agent: Avalon Parkway Properties, LLC/Jim SchellAcreage: 2.38 acresComprehensive Plan Sector: Far NorthSurrounding Zoning and Land Uses:

North "K" Heavy Industrial I industrial; Greenbay Tarrant County Jail FacilityEast "K" Heavy Industrial I industrialSouth "K" Heavy Industrial I vacantWest "K" Heavy Industrial I industrial

Site Plan Comments:The site plan as submitted is in general compliance with the Zoning Ordinance regulations.

Transportation/Public Works (TPW) site plan commentsNo comments have been submitted at this time.

Recent Relevant Zoning and Platting History:Zoning History: NonePlatting History: None

Tran rt ti /Asuo a Ion ccessIn Capital

StreetlThoroug hfare Existing Proposed ImprovementsPlan (CIP)

Northeast Pkwy Major Arterial Major Arterial No

Development Impact Analysis:1. Land Use Compatibility

The applicant is proposing a zoning change to "POlK" Planned Development for K uses plushalfway house. Surrounding land uses are primarily industrial with the Greenbay Tarrant CountyJail Facility directly north of the proposed site. The site is located along a major arterial and willhave similar operational characteristics of the surrounding uses.

As a result, the proposed zoning for this site is compatible at this location.

2. Comprehensive Plan ConsistencyThe 2013 Comprehensive Plan designates the subject property as Industrial Growth Center. Ahalfway house is considered a use that may not be compatible in residential areas, therefore anindustrial area such as the proposed site provides a significant distance buffer from other uses.The requested zoning change is consistent with the following Comprehensive Plan policies.

• Encourage appropriate development and redevelopment within central city commercialdistricts and neighborhoods (pg 38)

• Discourage the location of industrial uses adjacent to residential districts. (pg 38)• Proposed uses that may be detrimental to health safety, and welfare (such as hazardous

materials, airports, mining, landfills, gun ranges, and manufacturing of certain materials)should be evaluated on a case by case basis before approval (pg. 38)

Based on conformance with the future land use map and the policies stated above; the proposedzoning is consistent with the Comprehensive Plan.

Attachments:• Location Map

Page 3 of 4

• Area Zoning Map with 300 ft. Notification Area• Future Land Use Map• Aerial Photograph• Site plan• General Information from the applicant• Minutes of the City Council meeting• Minutes from the Zoning Commission meeting

Page 4 of4

ORTWORTH©

Location Map

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ZC-13-018

COUNCIL DISTRICTSa 2 - Salvador EspinoIII 3 - Zim Zim mermanIII 4 - Danny Scartha 5 - Frank Mossa 6 - Jungus JordanIII 7 - Dennis ShingletonIII 8 - Kelly Allen Graya 9 - Joel Bums

FORT WORTH ZC-13-018

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Future Land Use ZC-13-018

Vacant, Undeveloped, Agricultural

Rural Residential

Suburban Residential

Single Family Residential

Manufactured Housing

Low Density Residential

• Medium Density Residential

• High Density Residential

• Institutional

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• General Commercial

• Light Industrial

• Heavy Industrial

• Mixed-Use Growth Center

• Industrial Growth Center

• InfrastructureLakes and Ponds

• Public Park, Open Space

Private Park, Open Space

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- - Proposed Freeway/Toll Road

- Principal Arterial

Proposed Principal Arterial

-- Major Arterial

Proposed Major Arterial

-- Minor Arterial

Proposed Minor Arterial

~ Flood Plain

A cornprehenstve plan shall not constitute zoning recutattons or establish:':Ol1io1gdistrict boundaries. (Texas Local Govemment Code, Sect.219.005) Land use desigr:ations were approved by the City Council onMarch 5, 2013.

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Aerial Photo Map

ZC-13-018

o 200 Feet

-.Document received for \Witten correst ondence ZC-13-009

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InlOut

Name 200 ft Position on case _~~_Il!mary- ----~--_.--- - notification-- ------_._-----_. ----area

Janice

2115 Primrose A~Michel/OakhurstOut Support Spoke at hearingAlliance of

~NeiohborsLibby

~Willis/Oakhurst 2300 Primrose Ave Opposition Spoke at hearingNA

Erik France 817 W Daggett Out "" Support Spoke at hearing

Jennifer 1700 Pacific Ave Out ~pport Spoke at hearingBurcherTrinity River 1500 E. Northside ~Group Dr In Support Sent letter in

Riverside NA Out Opposition Sent letter inAlliance

- 4. ZC-13-018 Electro-Tech Services Inc. (CD 2)- 5116 Northeast Parkway (The GreatSouthwest Industrial Park, Mark IV, Block 2, Lot 2, 2.38 Acres): from "K" HeavyIndustrial to "PD/K" Planned Development for all uses in "K" Heavy Industrial plushalfway house; site plan included.

Jim Schell, 500 th Street, Fort Worth, Texas representing Electro-Tech Services Inc. explainedto the Commissioners this location is being proposed because of the relocation for the existinghalfway house on Henderson Street because of the Trinity River Vision project. He mentionedthis is one of the two halfway houses in Fort Worth. They did have a two hour meeting onFebruary 28 in their office and has provided a list of who was in attendance. Mr. Schell saidunfortunately no progress has been made with the industrial property owners. It was mentionedby one of the owners to fence the property so the people waiting for the bus can't be seen.

Mr. Flores asked about the possibility of them considering another site. Mr. Schell said trying tofind a site is challenging.

Brian Costello, 641 Hollowdale, Edmond, Oklahoma President with Avalon spoke in support. Inanswer to Mr. Flores question he said they were provided with a potential of eleven differentproperties. Most of them were within a 1000 feet of residential use, school, child care facility andpark which would eliminate them from consideration. This site was the best fit for them. Theyhave been searching for over a year for possible location.

Jeff Whitfield, 201 Main Street, Suite 2500, Fort Worth, Texas with Kelly, Hart & Hallmanrepresenting Hoisager and Crossley owners of the Texas Heat Treating facility spoke inopposition. He questioned the staff report on whether it should say being consistent andcompatible since it is an Industrial Growth Center. He reiterated the language in theComprehensive Plan relating to Industrial Growth Centers. He believes a halway house is moreclosely related to a shelter.

DRAFT 7 ZC minutes 03/13/13

Daryl Hoisager, 5603 Bailey Court, Arlington, Texas property owner for 5003 North Pkwyspoke in opposition. He mentioned they have materials on-site that are used for the production ofdrugs, they have transportation around the clock as well as female staff after hours. He doesn'tbelieve this is a good use for this area.

Marlene Beckman, 2300 Medford Court, Fort Worth, Texas also spoke in opposition. Shementioned they own three industrial lots within this industrial park. She noted they are 14, 28and 50 as indicated on the map. There is another facility on Blue Mound Road that might bemore appropriated for this use. She is concerned one of her tenants will not renew their leasecontract because of this proposed use.

David Dozier, 3824 Monticello, Fort Worth, Texas spoke in opposition. He is also concernedthat his tenants will not renew.

James Zimmer, 4900 Mark IV Parkway, Fort Worth, Texas spoke in opposition. He owns theproperty located at 4900 Mark IV Parkway and has security issues.

Lynn Zimmer, 7 Country Place, Bedford, Texas spoke in opposition. He has property located at5165 Mark IV Parkway and has security concerns as well.

Jerry Alexander, 83 Crown Road, Willow Park, Texas spoke in opposition. He is the real estateagent for this industrial park and is concerned about tenants renewing their contracts. They dohave an offer for a new tenant to move in but is on hold right now because of this zoning case.

Mr. Flores asked about the usage issue and comments made from Mr. Hoisager. Mr. Hoisagerresponded by saying all facilities are run different, the use is inappropriate but how they run thebusiness is a concern. Mr. Flores also asked about the type of inmates and what percentage of thepopulation are sex offenders. Mr. Costello mentioned it really depends on who the State givesthem. Mr. Flores asked about projected numbers. Mr. Costello mentioned if you look at thecurrent facility there are about 20 to 25% that are sex offenders.

In rebuttal Mr. Schell said he disagrees with some of the comments the opposition mentioned.This is a totally secure facility they are monitored day in and day out. He said they did suggestwhatever the concerns are they would like to set up a community council with the industrialneighbors to address some of these items. Mr. Schell said at the last meeting that was not ofinterest anymore. He did note that anywhere from 400 to 500 paroles come back to TarrantCounty every month. The Facility on Avenue J is a Federal Facility and has been there for sometime and they do not want to expand it. Mr. Schell asked staff is there anywhere in theComprehensive Plan that would meet all the requirements for this type of use. Ms. Burghdoffsaid they have not oriented the Future Land Use Maps to accommodate specifically HalfwayHouses as a use that is why they are put in PD zoning.

Motion: Following brief discussion, Mr. Flores recommended approval of the request,seconded by Ms. Conlin. The motion carried 5-2 with Mr. West and Mr. Genua against.

Document received for written correst ondence, ZC-13-018In/Out

Name Address- 1000· ft Position on case Summarynotification

DRAFT 8 ZC minutes 03/l3/l3

areaJeff Whitfield/representing 201 Main Street In Opposition Spoke at hearingproperty owner

David Dozier 3824 Monticello In Opposition Spoke at hearing

Buddy Crossley 5113 North Pkwy In Opposition Spoke at hearing

Daryl Hoisager 5003 North Pkwy In Opposition Spoke at hearing

James Zimmer 4900 Mark IV Pkwy Out Opposition Spoke at hearing

Lynn Zimmer 5165 Mark IV Pkwy Out Opposition Spoke at hearing

Jerry Alexander 5125 NortheastIn Opposition Spoke at hearingPkwy

Marlene 4929 Northeast In Opposition Spoke at hearingBeckman Pkwy/5100 Rondo5001 Northeast

Ed Lanford Pkwy/4629 Mark IV In Opposition Spoke at hearingPkwy

IV.-=t:::....:.:...==

5. ZC-l 115 Jeanie Cornelius (CD 9) 2839 Merida (Prospect Heights, Block 2, Lot lR, 0.26Acres): fr "B" Two-Family to "PDIUR" Planned Development for all uses in "UR"Urban Resi tial; site plan included

Jim Schell, 500 . ih Street, Suite 600, Fort Worth, Texas representing Jeanie Corneliusexplained to the Co issioners they are requesting to develop more students housing around theTCU area. Savannah nd Development has developed several projects in the area is more of anapartment/student housi living quarters. Mr. Schell mentioned there are 11 units in twobuildings and there will b a parking space for each bedroom. He explained the difference inelevations on the overhead. There seems to be more requests for two and three bedroomapartments in this area. Mr. Sc 11mentioned the intent of the DR district is to make it walkablewithin the Urban Village and T is a good example. He mentioned his client has talked to theneighborhood and handed in letters f support.

Name Address

Ms. Reed recommended approval of the request,animously 7-0.

ZC-12-115

Summary'

In Sent letter in

Out Sent letter in

Out Sent letter in

Out Support Sent letter in

Jeanie Cornelius 2839 Merida

Michael Rabbass 2737 Merida

Tim Kuchta 2801 Merida

AlexClarke/Frisco 2724 MeridaHei hts NA

DRAFT 9 ZC minutes 03113/13