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HomeMy WebLinkAboutIR 7878 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7878 To the Mayor and Members of the City Council December 6, 1994 41 Subject: APPROVAL OF RECYCLING FACILITIES AND OTHER SPECIAL IM EXCEPTION USES VIA PD-SU ZONING BACKGROUND The City of Fort Worth Zoning Ordinance requires special approval by the Board of Adjustment for a variety of special exception uses. The "IP" Industrial Park District requires six special exception uses to receive Board of Adjustment approval. In addition, Section 20 of the Zoning Ordinance requires Board approval for 4.1 special exception uses in various zoning districts. The Ordinance also regulates the location of 31 specific uses in the "K" Heavy Industrial District after approval of the location of the use by the Board of Adjustment. In all of these instances, the Board of Adjustment acts on the special exception use after City Council approval of the proper zoning district. The Zoning Ordinance also allows the use of"PD" Planned Development District to allow for greater flexibility in applying non-residential zoning in commercial and industrial districts. In theory, any non-residential use including special exception uses could be requested under a PD-SU zoning request before the City Council. A case has arisen in which an applicant was denied the right for a special exception use by the Board of Adjustment. The applicant now wishes to seek PD-SU zoning through the Zoning Commission and City Council as an alternate route for approval of the proposed use. In processing such a zoning request, staff believes that it is important to clarify what authority the City Council wishes to have in granting special exception uses under PD-SU zoning and what authority the City Council wishes to vest in the Board of Adjustment for approving these special exception uses. The specific case under consideration by staff involves the location of a recycling facility in the "K" Heavy Industrial District. Southwest Paper Stock, Inc., located in a "K" district, applied to the Board of Adjustment for approval of a recycling facility for glass, aluminum, and wood. Recycling facilities are specifically listed in the Ordinance as permitted only in a "K" district and only upon approval by the Board as a special exception use. The Board denied the request. This company now wishes to apply for "PD" Planned Development zoning with recycling as a specific use to pursue an alternative process for approval of their recycling facility. A second case involves Laidlaw Waste System and that company's proposed material recovery facility and waste transfer station. The company revised its original request ("AG" Agricultural to "K" Heavy Industrial) to a request from "AG".Agricultural to "PD/SU" for materials recovery and transfer station. This case was recommended for approval by the Zoning Commission on November 16 and is scheduled for Council consideration on December 13. ISSUED RY THE CITY MANAGER FORT WORTH.TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7878 T To the Mayor and Members of the City Council December 6, 1994 Page 2 of 3 r.x7. Subject: APPROVAL OF RECYCLING FACILITIES AND OTHER SPECIAL 1873 EXCEPTION USES VIA PD-SU ZONING DISCUSSION The basic issue to be discussed is if the City Council considers PD-SU zoning to be the proper forum for the granting of these special exception uses rather than the Board of Adjustment. Furthermore, if the Council wishes to consider these special exception uses within a request for PD-SU zoning, should the Board of Adjustment be granted any authority for review and approval? 1. What are the implications of Council granting PD-SU zoning far a use requiring a special exception in any other district with no approval required by the Board of Adjustment after the zoning is granted? a. This process represents a significant departure from the existing system of requiring the base zoning designation and subsequent approval by the Board. This process would nullify the current portions of the Zoning Ordinance that concern special exception uses. b. This system allows an applicant two opportunities to seek approval. In the case of Southwest Paper Stock, "K" zoning is in place and the applicant was denied the special Board approval required. The applicant now wishes to seek approval from a different body, namely the City Council. Essentially, the approval mechanism is changed from an administrative permit granted by the Board to a legislative zoning amendment granted by the Council. c. This system could be frustrating for opponents of a project of this type. Opponents would be required to argue against the special exception use before the Board and, if the use is denied by the Board, opponents could be required to return to argue before the Zoning Commission and the Council in a request for PD zoning. d. The Council would assume this approval function by taking it away from the Board. This would increase Council workload and diminish the authority and workload of the Board. 2. What are the implications of Council granting PD-SU zoning for a special exception use and still requiring approval by the Board of Adjustment? a. This process keeps the ultimate authority for granting special exception uses in the hands of the Board of Adjustment, as it is in the current regulations. b. It is possible for the Council and Board to reach conflicting decisions, with the Council approving the PD zoning for a specific use and the Board denying approval for that same use. ISSUED BY THE CITY MANAGER FORT WORTH,TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7878 `T To the Mayor and Members of the City Council December 6, 1994 Page 3 of 3 Subject: APPROVAL OF RECYCLING FACILITIES AND OTHER SPECIAL fan EXCEPTION USES VIA PD-SU ZONING c. There would be no reason to seek Council approval for PD-SU zoning unless the applicant had reason to believe that the granting of this zoning would influence the Board's decision to approve the special exception use. d. Using this process, PD-SU zoning would be no more beneficial from a procedural standpoint to reduce processing time than obtaining the base zoning designation and going on to seek Board approval for the special exception use. RECOMMENDATION If Council wishes the Board of Adjustment to retain authority for special exception uses in the various zoning districts, staff will process existing requests for zoning to PD-SU to the Zoning Commission and City Council with a recommendation to include the condition that review by the Board of Adjustment precede the issuance of permits for special exception uses. In addition, Council should direct staff to process an ordinance amendment clarifying that these uses in PD zoning must still obtain Board of Adjustment �V approval prior to the issuance of permits. If Council wishes to assume the authority for approval of recycling and other special exception uses,it is recommended that Council direct staff to prepare an amendment to the Zoning Ordinance outlining specific requirements for these uses under PD zoning. In the current code, the only use specifically named in this category is a horse racing track. This recommendation would remove the approval authority from the Board of Adjustment and transfer it to the Zoning Commission and the City Council. Bab Terrell City Manager ISSUED BY THE CITY MANAGER FORT WORTH,TEXAS