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File #: 19-9201    Version: 1 Name: Z190602/CP190602 - Arise Family Development
Type: Ordinance Status: Denied
File created: 7/26/2019 In control: Planning and Zoning Commission
On agenda: 10/15/2019 Final action: 10/15/2019
Title: Z190602/CP190602 - Zoning Change/Concept Plan - Arise Family Development (City Council District 4). Planned Development Request and Concept Plan for General Retail, Single-Family Attached, and Multi-Family One uses on 27.68 acres. The Concept Plan depicts 166 single-story detached homes on a 14.43-acre common lot with the remaining acreage along Lake Ridge Pkwy and W Camp Wisdom Rd reserved for commercial uses. Lots 1 and 2, Block 1, Lake Parks Retail and Tract 1B13, James Brannon Survey, Abstract No. 156, City of Grand Prairie, Tarrant County, Texas, zoned PD-267 and PD-267A, within Lake Ridge Corridor Overlay District, and generally located south of W Camp Wisdom Rd and west of Lake Ridge Pkwy. The agent is Joshua A. Lincoln, HP Civil Engineering, the applicant is Rudy Herrera, Family Development, and the owner is Charles Anderson, CWA Management, LLC. (On August 5, 2019, the Planning and Zoning Commission recommended denial of this request by a vote of 7-0; on August 20, 2019 Coun...
Attachments: 1. Exhibit A - Boundary Description.pdf, 2. Exhibit B - Zoning Exhibit, 3. Exhibit C - Concept Plan.pdf, 4. Exhibit D - Conceptual Building Elevations.pdf, 5. Exhibit E - Conceptual Open Space and Landscape Plan.pdf, 6. Exhibit i - Proposed PD Standards.pdf, 7. Exhibit ii - Potential Retail Footprint, 8. Exhibit iii - Request to Appeal.pdf, 9. PZ Draft Minutes 08-05-19.pdf

From

Chris Hartmann

 

Title

Z190602/CP190602 - Zoning Change/Concept Plan - Arise Family Development (City Council District 4). Planned Development Request and Concept Plan for General Retail, Single-Family Attached, and Multi-Family One uses on 27.68 acres.  The Concept Plan depicts 166 single-story detached homes on a 14.43-acre common lot with the remaining acreage along Lake Ridge Pkwy and W Camp Wisdom Rd reserved for commercial uses.  Lots 1 and 2, Block 1, Lake Parks Retail and Tract 1B13, James Brannon Survey, Abstract No. 156, City of Grand Prairie, Tarrant County, Texas, zoned PD-267 and PD-267A, within Lake Ridge Corridor Overlay District, and generally located south of W Camp Wisdom Rd and west of Lake Ridge Pkwy. The agent is Joshua A. Lincoln, HP Civil Engineering, the applicant is Rudy Herrera, Family Development, and the owner is Charles Anderson, CWA Management, LLC. (On August 5, 2019, the Planning and Zoning Commission recommended denial of this request by a vote of 7-0; on August 20, 2019 Council tabled this item.)

 

Presenter

David P. Jones, AICP, Chief City Planner

 

Analysis

SUMMARY:

Planned Development Request and Concept Plan for General Retail, Single-Family Attached, and Multi-Family One uses on 27.68 acres.  The Concept Plan depicts 166 single-story detached homes on a 14.43-acre common lot with the remaining acreage along Lake Ridge Pkwy and W Camp Wisdom Rd reserved for commercial uses.  Lots 1 and 2, Block 1, Lake Parks Retail and Tract 1B13, James Brannon Survey, Abstract No. 156, City of Grand Prairie, Tarrant County, Texas, zoned PD-267 and PD-267A, within Lake Ridge Corridor Overlay District, and generally located south of W Camp Wisdom Rd and west of Lake Ridge Pkwy.

PURPOSE OF REQUEST:

The purpose of the request is to create a planned development district for multi-family and general retail uses on 27.68 acres in the Lake Ridge Corridor.

ADJACENT LAND USES:

The following table summarizes the zoning designation and existing use for the surrounding properties.

Table 1: Adjacent Zoning and Land Uses

Direction

Zoning

Existing Use

North

PD-267; PD-283

Commercial and Retail

South

PD-267A; PD-267

Undeveloped; Single Family Residential

West

PD-267

Single Family Residential, Undeveloped

East

PD-267

TESCO Easement; Single Family Residential

 

HISTORY:

                     February 4, 2002: City Council approved PD-267, a planned development for single family, multi-family, commercial, office, and neighborhood service uses (Case Number Z020103).  The subject property was designated as Tract 6 for single family, office, and neighborhood service uses.

                     January 20, 2004: City Council approved PD-267A, a planned development for general retail use (Case Number Z040103).

                     May 13, 2019: City Council Development Committee reviewed the preliminary concept plan before the applicant submitted the development request to the City.

PROPOSED USE CHARACTERISTICS AND FUNCTION:

The applicant intends to construct a multi-family development on 14.4 acres.  The proposed 166-unit development includes a mix of one-bedroom, 1.5-bedroom, and two bedroom detached units for rent.  The Concept Plan depicts a leasing office and amenity center, pool, central open space, dog park, and sidewalks.  Each unit will have a fenced back yard with decomposed granite or similar material. 

The development will be accessible from Camp Wisdom Rd. with an emergency/exit only drive off of Lake Ridge Pkwy.  The development will be gated.

The remaining acreage will remain zoned for general retail use; the applicant is proposing some modifications to the general retail standards.  Of the remaining acreage, 10.1 acres are developable; 3.1 acres are within an easement and cannot be developed.

Traffic Impact

The subject property is located at the intersection of two six-lane, major arterials.  Given traffic volume and high speed, the Transportation Department has requested that the applicant complete a Traffic Impact Analysis (TIA).  The scope of the TIA should include the following:

                     Warrant studies at the Camp Wisdom median opening west of Lake Ridge and at the secondary driveway off of Lake Ridge to determine if the proposed development triggers a new signal at either location;

                     Review of the proposed cross access from the residential use to commercial uses along Camp Wisdom;

                     Analysis of the driveway off of Lake Ridge for ingress and egress; and

                     Study of the Camp Wisdom/Lake Ridge intersection, Blanco/Lake Ridge intersection, and Montgomery/Lake Ridge intersection.

Additionally, the Transportation Department has requested decel lanes on Camp Wisdom and Lake Ridge and a westbound left turn lane on Camp Wisdom for entry into the development. 

The applicant will complete the TIA as a part of the Site Plan review.

CONFORMANCE WITH THE COMPREHENSIVE PLAN:

The 2018 Comprehensive Plan’s Future Land Use Map (FLUM) designation for this location is Commercial/Retail/Office.  Commercial areas should be located along major arterial, super arterial, and freeway corridors.  Retail should be located in areas with high visibility.

Approval of this Zoning Change/Concept Plan will require an amendment to the FLUM for 14.1 acres, changing the designation from Commercial/Retail/Office to Medium Density Residential.  An amendment to the FLUM is under concurrent review (Case Number CPA190602).

While the proposed use is consistent with Goal 12 of the 2010 Comprehensive Plan to achieve a broad housing selection for a diverse population, Staff has concerns about the proposed use at this location.

                     On May 7, 2019, City Council adopted a policy position on development stating that multi-family projects should be built on properties already zoned for multi-family development.  The proposal is in conflict with the adopted policy.

                     City Council has approved several residential projects in the area.  If all of these projects are developed, this area will see an additional 6,500 residential units.  This influx of households could change the amount of retail this area can support, making it more feasible for the subject property to be developed solely with general retail uses.

                     While the proposal does retain commercial use along Lake Ridge Pkwy and Camp Wisdom Rd, the configuration of the residential tract limits the form of commercial development that can and will likely occur in the future.

o                     On March 19th, City Council unanimously approved revisions to Appendix F: Corridor Overlay District.  The revised standards are intended to produce high quality places by emphasizing elements like urban form and usable open space in addition to building design. 

o                     The applicant submitted an illustrative Concept Plan that depicts drive-through restaurants and strip retail buildings with predominant surface parking lots.  Appendix F is intended to promote alternatives to this pattern of development.

DEVELOPMENT STANDARDS:

Multi-Family Standards

The applicant is proposing a base zoning district of Multi-Family One (MF-1).  The following table evaluates the proposed standards.

Table 2: Proposed PD Standards

Standard

Appendix W

Proposed

Max. Density (Units Per Acre)

12

12

Min. Living Area (Sq. Ft.)

600

650

Max. Single-Bed Units (%)

60

60

Area (Sq. Ft.)

12,000

3,500

Width (Ft.)

100

100

Depth (Ft.)

120

120

Front Setback (Ft.)

30

20

Rear Setback (Ft.)

45+

15

Interior Side (Ft.)

45+

15

Side on Street (Ft.)

30

20

Between Buildings (Ft.)

15

6

Max. Height (Ft.)

50

25

Max. Lot Coverage (%)

60

60

Min. Masonry (%)

80

80

Carports (%)

20

30

Garages (%)

30

25

 

The applicant is proposing two color schemes for each building type for a total of six different elevations.

General Retail Standards

The applicant is proposing a base zoning district of Genera Retail with the following uses allowed by right:

                     Large retail with gas sales;

                     A bank with a maximum of two full service drive through lanes;

                     Restaurants with a drive-through;

                     Retail with a drive-through; and

                     Convenience store with gasoline sales and car wash (full service or self-service) as accessory uses to a grocery store located on the same lot.

The above uses currently require a Specific Use Permit at this location.  Specific Use Permits are required for uses which, due to their location, function, or operational nature, could have a potentially negative impact on the surrounding properties.  The Specific Use Permit provides a procedure whereby such uses may be permitted by further restricting or conditioning them to eliminate such negative impacts.

Appendix F establishes criteria for evaluating Specific Use Permits for a Restaurant with a Drive-Through and Convenience Store with Gasoline Sales:

1.                     Existing concentration of like uses in the surrounding area;

2.                     Visibility of the drive-through or gasoline canopy from the street;

3.                     Disruption of pedestrian circulation; and

4.                     The extent to which the use and design contribute to the unique characteristics of the Overlay District.

HYBRID HOUSING COMPARISON:

This is the third hybrid housing development proposed for Grand Prairie. Avilla Heritage, a 140-unit development on Forum is under construction.  City Council approved a Zoning Change/Concept Plan for Forum Villas, a 219-unit development at Forum and Great Southwest on July 16, 2019.

Hybrid housing combines elements of traditional single family and multi-family development. Hybrid housing typically includes a mix of attached and detached single-story units available for rent on a single lot. Maintenance of individual units, common areas, and landscaping is the responsibility of a single entity, either the property owner or management company.

While Grand Prairie doesn’t have specific zoning requirements for this housing product, the City does have standards for single-family and multi-family development. Staff has used a combination of these standards to evaluate previous hybrid housing developments and has identified elements that seem to produce a higher quality project.

                     Orient units so that the wider side of the building and front door are parallel to open space and sidewalks so that the development is more like a traditional single family neighborhood.

                     Where possible, private yards should be placed back-to-back and located away from open space and sidewalks.  This lessens the visual impact of fences on common areas and avoids unusable dead space between unit clusters.

                     Place open space and amenities in a centralized location so that they are accessible and convenient to all units.

The applicant has made modifications to the Concept Plan to respond to staff's initial concerns. However, staff has the following remaining concerns with the proposed Concept Plan:

                     Although the applicant moved the pool and amenity center and the dog park closer to the center of the development from the initial design, they are not in a central location.

                     The approved hybrid housing developments include a mix of unit types scattered throughout the development. This proposal clusters two-bedroom units along the perimeter which has the potential to create repetitive facades on the perimeter.

                     It appears as though units are oriented and placed to maximize the number of units that can be built at the expense of the livability and quality of development.  The units around the perimeter are oriented so that narrower side is parallel to the sidewalk.  The front door faces and is only a few feet from the adjacent unit’s fence.

                     The approved hybrid housing developments have squared off back yards that are fully useable.  The proposal includes irregular shaped back yards that will not be fully useable.

                     Staff cannot fully analyze traffic concerns without a full TIA; if the zoning is approved, a TIA will be required at the Site Plan phase.

RECOMMENDATION:

Staff has concerns with changing commercial zoning to residential due to the following:

1.                     The property sits at the interstection of two arterial roadways;

2.   The zoning request conflicts with the FLUM designation and Council’s policy on multi-family development;

3.                     Staff believes that the dimensions of the remaining commercial land will make it more difficult to meet the intent of Appendix F; and

4.                     The hybrid housing Concept Plan is designed in a manner that prioritizes number of units at the expense of livability and is not consistent with the quality of approved hybrid housing developments.

 

At its August 5, 2019 meeting, the Planning and Zoning Commission voted 7-0 to recommended denial.

 

Per Section 1.11.5.9.C of the Unified Development Code, "If six (6) or more members of the Planning and Zoning Commission recommends denial of a request or amendment, such request or amendment shall be deemed to have been denied without any action by the City Council unless the applicant for said request or amendment files in writing a request that said request or amendment be forwarded to the City Council for consideration, and pays an additional fee as established in Article 22 "Fee Schedule" of this Code. Said written request for forwarding the request or amendment to the City Council must be filed with the Director of Planning or designee within ten (10) calendar days of the vote of the Planning and Zoning Commission. Should the applicant not request that the request or amendment be forwarded to the City Council within ten (10) calendar days, the recommendation of denial by the Planning and Zoning Commission shall be deemed final, and shall be considered a denial without prejudice."

 

The applicant has filed an appeal requesting that Z190602/CP190602 be forwarded to City Council for consideration.

 

The developer has submitted a revised Concept Plan showing a living screen around the western and northern portion of the residential area.

 

Body

AN ORDINANCE AMENDING THE ZONING MAP TO REZONE 27.676 ACRES OF LAND OUT OF THE J. ARMENDARIS SURVEY, ABSTRACT NO. 1766 AND THE J.W. BRANNON SURVEY, ABSTRACT NO. 156, CITY OF GRAND PRAIRIE, TARRANT COUNTY, TEXAS, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF CAMP WISDOM ROAD AND LAKE RIDGE PARKWAY, FROM PLANNED DEVELOPMENT-267 AND PLANNED DEVELOPMENT 267A FOR GENERAL RETAIL USE TO A PLANNED DEVELOPMENT FOR GENERAL RETAIL (GR) AND MULTI-FAMILY ONE (MF-1) USES; SAID ZONING MAP AND ORDINANCE BEING ORDINANCE NUMBER 4779 AND PASSED ON NOVEMBER 20, 1990, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL.

WHEREAS, the owners of the property described herein below filed application with the City of Grand Prairie, Texas, petitioning an amendment of the Zoning Ordinance and map of said city so as to rezone and reclassify said property from its classification of Planned Development-267 and Planned Development-267A to a Planned Development for General Retail (GR) and Multi-Family One (MF-1) Uses; and

 

WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on August 5, 2019, after written notice of such public hearing before the Planning and Zoning Commission on the proposed rezoning had been sent to owners of real property lying within 300 feet of the property on which the change of classification is proposed, said Notice having been given not less than ten (10) days before the date set for hearing to all such owners who rendered their said property for City taxes as the ownership appears on the last approved City Tax Roll, and such Notice being served by depositing the same, properly addressed and postage paid, in the City Post Office; and

 

WHEREAS, after consideration of said application, the Planning and Zoning Commission of the City of Grand Prairie, Texas voted 7 to 0 to recommend denial to the City Council of Grand Prairie, Texas, of the request that the hereinafter described property be rezoned from its classification of Planned Development-267 and Planned Development-267A to a Planned Development for General Retail (GR) and Multi-Family One (MF-1) Uses; and

WHEREAS, the owners of the property filed a request for the request to be forwarded to the City Council for consideration with the City of Grand Prairie; and

WHEREAS, Notice was given of a further public hearing to be held by the City Council of the City of Grand Prairie, Texas, in the City Hall Plaza Building at 6:30 o’clock P.M. on October 15, 2019, to consider the advisability of amending the Zoning Ordinance and Map and the recommendation by the Planning and Zoning Commission, and all citizens and parties at interest were notified that they would have an opportunity to be heard, such Notice of the time and place of such hearing having been given at least fifteen (15) days prior to such hearing by publication in the Fort Worth Star Telegram, Grand Prairie, Texas, a newspaper of general circulation in such municipality; and

WHEREAS, all citizens and parties at interest have been given an opportunity to be heard on all the matter of the proposed rezoning and the City Council of the City of Grand Prairie, Texas, being informed as to the location and nature of the use proposed on said property, as well as, the nature and usability of surrounding property, have found and determined that the property in question, as well as, other property within the city limits of the City of Grand Prairie, Texas, has changed in character since the enactment of the original Zoning Ordinance from its classification of Planned Development-267 and Planned Development-267A to a Planned Development for General Retail (GR) and Multi-Family One (MF-1) Uses; and, by reason of changed conditions, does consider and find that this amendatory Ordinance should be enacted since its provisions are in the public interest and will promote the health, safety and welfare of the community.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:

SECTION 1.                      

THAT Ordinance Number 4779, being the Zoning Ordinance and Map of the City of Grand Prairie, Texas, showing the locations and boundaries of certain districts, and said Zoning Ordinance and Map having been made a part of an Ordinance entitled:

                     “AN ORDINANCE AMENDING IN ITS ENTIRETY CHAPTER 28 OF THE CODE OF ORDINANCES KNOWN AS THE ZONING ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AS PASSED AND APPROVED BY THE CITY COUNCIL ON THE 20TH DAY OF NOVEMBER, 1990, TOGETHER WITH ALL AMENDMENTS THERETO AND ENACTING A REVISED ORDINANCE ESTABLISHING AND PROVIDING FOR ZONING REGULATIONS; CREATING USE DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PLAN…”

and passed and approved November 20, 1990, as amended, is hereby further amended so as to rezone from its classification of Planned Development-267 and Planned Development-267A to a Planned Development for General Retail (GR) and Multi-Family One (MF-1) Uses; as described and depicted in Exhibit A - Boundary Description.

SECTION 2.

THAT the purpose of this Planned Development District is to create a development for residential and retail use that encourages and supports higher standards, usually found in a master planned community, by providing the appropriate restrictions and developmental controls to permit the development of the subject property in a manner compatible with the surrounding development and zoning and in compliance with the City’s Comprehensive Plan and the Unified Development Code.

SECTION 3.  Development Standards

A.                     General Retail Development

 

1.                     Development that occurs on tracts designated for General Retail Use as shown on page one of Exhibit B - Zoning Exhibit shall comply with the use and development standards established for the General Retail (GR) zoning district and Appendix F: Corridor Overlay District Standards in the Unified Development Code (UDC), as amended, unless otherwise stated in this Ordinance.

2.                     The following uses shall be prohibited:

i.                     Parole-probation office;

ii.                     Bait and tackle shop;

iii. Bingo parlor;

iv. Self-service car wash (except as otherwise provided below); and

v.                      Amusement service - game room.

3.                     The following uses shall be permitted by right in the areas shown outlined in red on page two of Exhibit B - Zoning Exhibit:

i.                     Large retail with gasoline sales;

ii.                     Bank with a maximum of two full-service drive-through lanes;

iii. Restaurant with a drive-through; and

iv. Retail with a maximum of two drive-through lanes.

4.                     A restaurant with a drive-through shall not derive more than 50 percent of its revenue from sales that occur at the drive-through window, and shall include landscaping and screening in addition to what is required by the UDC to screen drive-through lanes from any adjacent residential use.  The additional landscaping and screening shall be approved as part of the Site Plan approval.

5.                     The following uses shall be permitted by right as an accessory use to a grocery store located on the same lot:

i.                     Convenience store with gasoline sales; and

ii.                     Car wash (full-service or self-service).

B.                     Residential Development

1.                     This Planned Development District establishes Multi-Family One (MF-1) as the base zoning district for the tract designated for residential use as shown on page one of Exhibit B - Zoning Exhibit and described on pages four and five of Exhibit A - Boundary Description.

2.                     Development shall generally comply with Exhibit C - Concept Plan and Exhibit D - Conceptual Building Elevations, and Exhibit E - Conceptual Open Space and Landscape Plan and shall include installation of a living screen wall at the time of the initial development phase.

3.                     Development shall comply with the development standards for Multi-Family One District with the exceptions and additions listed below.

i.                     The maximum allowable density shall be 12 dwelling units per acre.

ii.                     The minimum living area for a one-bedroom unit shall be 640 sq. ft.

iii. The minimum living area for a two-bedroom unit shall be 900 sq. ft.

iv. The minimum lot area shall be 3,500 sq. ft.

v.                      The minimum lot width shall be 100 ft.

vi. The minimum lot depth shall be 120 ft.

vii. The minimum front setback shall be 20 ft.

viii. The minimum rear setback shall be 15 ft.

ix. The minimum side setback adjacent to a street shall be 20 ft.

x.                      The minimum distance between units shall be six ft.

xi. The minimum percentage of masonry content per building shall be 80 percent.

xii. The minimum roof pitch shall be 6:12.

xiii. The maximum building height shall be 25 ft.

xiv. The minimum landscape buffer along the right-of-way shall be ten ft.

xv. Carports shall account for at least 30% of required parking spaces.

xvi. Garages shall account for at least 25% of required parking spaces.

xvii. A two ft. encroachment into side and rear yard setbacks shall be permitted for A/C units, roofs, trims, pot shelves, and architectural projections.

4.                     Building architecture shall generally conform to the character of elevations in Exhibit D - Conceptual Building Elevations.  The developer shall provide at least two color schemes for each unit type.

5.                     All units shall be fire sprinkled in accordance with NEPA 13D standards (or most recently adopted).

6.                     Common amenities shall include, at a minimum, a pool, spa, dog park, usable open space, and trails. 

7.                     Perimeter fencing shall be a minimum of six ft. in height.  Materials shall conform to materials shown on Exhibit C - Concept Plan.

8.                     Each unit shall include a private yard enclosed with a wood fence.  The developer may use decomposed granite or a similar material in private rear yards.

C.                     Traffic Impact Analysis

1.                     A Traffic Impact Analysis (TIA) is required at the Site Plan phase.  The developer shall submit the TIA with the application submittal for the Site Plan.

2.                     The scope of the TIA should include the following:

i.                     Warrant studies at the Camp Wisdom median opening west of Lake Ridge and at the secondary driveway off of Lake Ridge to determine if the proposed development triggers a new signal at either location;

ii. Review of the proposed cross access from the residential use to commercial uses along Camp Wisdom;

iii. Analysis of the driveway off of Lake Ridge for ingress and egress; and

iv. Study of the Camp Wisdom/Lake Ridge intersection, Blanco/Lake Ridge intersection, and Montgomery/Lake Ridge intersection.

3.                     The developer shall make changes to the Concept Plan based on the outcome of the TIA and incorporate requirements from the Transportation Department such as decel lanes on Camp Wisdom Road and Lake Ridge Parkway and a westbound left turn lane on Camp Wisdom Road for entry into the development. Changes to the Concept Plan may be allowed administratively if they are determined to be necessary by the TIA and Transportation Department staff.

SECTION 4. THAT a Site Plan shall be reviewed and approved by the City Council prior to the issuance of any building permits.

SECTION 5. THAT it is further provided, that in case a section, clause, sentence, or part of this Ordinance shall be deemed or adjudged by a Court of competent jurisdiction to be invalid, then such invalidity shall not affect, impair, or invalidate the remainder of this Ordinance.

SECTION 6. THAT all ordinances or parts of ordinances in conflict herewith are specifically repealed.

SECTION 7.  THAT this Ordinance shall be in full force and effect from and after its passage and approval.

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, this the 15th day of October, 2019.

 

Ordinance No. 

Zoning Case No. Z190602/CP190602

Planned Development No.