From
Chris Hartmann
Title
SU171104/S171102 - Specific Use Permit/Site Plan - Mayberry Gardens (City Council District 6). Specific Use Permit and Site Plan authorizing the construction and operation of an assisted living facility on 4.85 acres. Lot 2, Block 1, Westchester Town Center Phase Three A, City of Grand Prairie, Dallas County, Texas, zoned PD-136C, and located at 540 E. Polo Road. The agent is Steven Homeyer, Homeyer Engineering, the applicant is Wes Staub, Mayberry Gardens, and the owner is Jason Yagci, Charter School Solutions. (On November 6, 2017, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0).
Presenter
David Jones, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
Specific Use Permit and Site Plan authorizing the construction and operation of an assisted living facility on 4.85 acres. Lot 2, Block 1, Westchester Town Center Phase Three A, City of Grand Prairie, Dallas County, Texas, zoned PD-136C, and located at 540 E. Polo Road.
PURPOSE OF REQUEST:
The applicant intends construct and operate an assisted living facility. A Specific Use Permit is required when a group living residential use is located within 2,500 feet of another group living residential use. A Site Plan is required for development in a planned development district.
ADJACENT LAND USES AND ACCESS:
North: Open space and drainage for Castleridge at Westchester Phase 1.
South: E Polo Road and Friendship Park.
East: Open space and drainage for Castleridge at Westchester Phase 1. Stormwater management for Polo Heights.
West: Undeveloped land zoned PD-136C for single family detached residential uses.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
Staff has classified Mayberry Gardens as a Registered Group Home. The City of Grand Prairie defines a Registered Group Home as a facility licensed with the State of Texas and includes facilities that are referenced as group homes, community homes, assisted living facilities or residential treatment facilities as defined in the Texas Human Resource Code, Section 42.002, or the Texas Health and Safety Code, Chapters 123, 247 and 248. Mayberry Gardens meets the Texas Health and Safety Code’s definition of an assisted living facility.
The proposed development includes six residential buildings and one activity center building. Landscaped areas, walking paths, and park benches are provided throughout the development. Each residential building will:
• Be individually licensed through the Department of Aging and Disability;
• Accommodate up to 16 residents;
• Have a central kitchen and dining room; and
• Be staffed with a manager, caregivers, and attendants who will provide 24-hour care, meals, and assistance with daily living activities.
One residential building will be designated as a memory care home. This home will be licensed as a Type B Assisted Living Home and will have a special certification as an Alzheimer’s and Dementia Home. This certification requires that staff go through additional training, the home be locked and secured, and a specific activity program be offered to residents. The home will not provide full time medical care or nursing care. A gated courtyard is proposed for the residents in this home.
The majority of groceries and supplies are purchased online then picked up from the store by staff members in a personal or company car. Groceries and supplies are rarely delivered by large trucks. Meals are prepared in each building for building residents. The applicant is proposing residential style kitchens. Environmental Services considers these kitchens to be commercial kitchens; they must be constructed to commercial standards.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The 2010 Comprehensive Plan’s Future Land Use Map (FLUM) designates this area as Commercial/Retail (C/R). Development includes office, service and retail uses. The proposed use is somewhat inconsistent with the FLUM. The underlying zoning is residential.
ZONING REQUIREMENTS:
The proposed development is subject to the requirements in PD-136C and the Unified Development Code (UDC). The proposal meets the dimensional standards. With the exception of fencing along Polo Road, the proposal meets or exceeds the required landscape and screening.
|
Table 1: Landscape & Screening Requirements |
|
Standard |
Required |
Provided |
Meets |
|
Landscape Area (Sq. Ft.) |
21,104 |
103,246 |
Yes |
|
Trees |
42 |
95 |
Yes |
|
Shrubs |
422 |
827 |
Yes |
|
Screening |
Type 1 |
Type 2 |
No |
|
Dumpster Enclosure |
Masonry Enclosure |
Masonry Enclosure |
Yes |
PD-136C requires a masonry screening wall along Polo Road. PD-136C was written with the expectation that a single family subdivision would be developed at this location with the rear of individual lots abutting Polo Road. The applicant is proposing to construct a wrought iron fence with masonry columns. Staff does not object to the proposed fence.
The buildings are clad in brick and stone with siding accents. PD-136C requires that the exterior finish of all one story homes be 100% masonry, excluding non-load bearing elements such as doors, windows, trim, and accents. The proposed building elevations meet the architectural requirements.
REQUESTED APPEALS:
• Exception to requirement for a masonry screening wall along Polo Road to allow construction of a wrought iron fence with masonry columns.
RECOMMENDATION:
At its November 6, 2017 meeting, the Planning & Zoning recommended approval with Staff conditions by a vote of 9-0.
The applicant has since addressed Staff’s initial conditions.
• The applicant shall revise the Site Plan to address Transportation’s comments about visibility of traffic on Polo Road for vehicles exiting the site; Site Plan has been revised.
• Kitchens shall be constructed to commercial standards; and Environmental Services has determined that kitchens are not required to be constructed to commercial standards as long as the number of residents in each building does not exceed 16.
• The building certified as an Alzheimer’s and Dementia Home shall be constructed to institutional standards. The building certified as an Alzheimer’s and Dementia Home is not required to be constructed to institutional standards as long as Mayberry Gardens does not provide care for residents who are bed ridden or who require more than limited verbal or physical assistance to evacuate or who needs services comparable to those services available in a nursing home.
Staff recommends approval with the following revised conditions:
• The number of residents in each residential building shall not exceed 16.
• The operator shall not house any resident who is bedridden or who requires more than limited verbal or physical assistance to evacuate or who needs services comparable to those services available in a nursing home.
• The operator shall comply with licensing standards for assisted living facilities, specifically Section 92.5 in the Texas Administrative Code.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS AMENDING THE ZONING ORDINANCE AND MAP BY SHOWING THE LOCATION, BOUNDARY, AND USE OF CERTAIN PROPERTY FOR A SPECIFIC USE PERMIT FOR A REGISTERED GROUP HOME WITHIN 2,500 FEET OF ANOTHER GROUP LIVING RESIDENTIAL USE TO WIT: BEING A 4.847-ACRES OUT OF THE THOMAS J TONE SURVEY, ABSTRACT NO. 1460, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, MORE SPECIFICALLY DESCRIBED AS LOT 2, BLOCK 1 OF WESTCHESTER TOWN CENTER PHASE THREE A; SAID ZONING MAP AND ORDINANCE BEING NUMBERED 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 amend the zoning designation of said site to include a Specific Use Permit for a Registered Group Home within 2,500 feet of another Group Living Residential use; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on November 6, 2017, after written notice of such public hearing before the Planning and Zoning Commission on the proposed Specific Use Permit had been sent to owners of real property lying within 300 feet of the property on which the creation of a Specific Use Permit for a Registered Group Home within 2,500 feet of another Group Living Residential use 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 9 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to allow a Specific Use Permit for a Registered Group Home within 2,500 feet of another Group Living Residential use; 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 November 21, 2017, to consider the advisability of amending the Zoning Ordinance and Map as recommended 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, Fort Worth, 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 Specific Use Permit and the City Council of the City of Grand Prairie, Texas, being informed as to the location and nature of the specific 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 to the extent that a specific use may be made of said property as herein provided 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:
I.
That Ordinance Number 4779, being the Unified Development Code 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:
"THE UNIFIED DEVELOPMENT CODE 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..."
passed and approved November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit for a Hotel within an overlay district, for the following described area;
Description of Land
4.847-ACRES OUT OF THE THOMAS J TONE SURVEY, ABSTRACT NO. 1460, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, MORE SPECIFICALLY DESCRIBED AS LOT 2, BLOCK 1 OF WESTCHESTER TOWN CENTER PHASE THREE A, AND AS DEPICTED IN THE ATTACHED EXHIBIT A - LOCATION MAP.
II.
SPECIFIC USE PERMIT
FOR THE OPERATION OF A REGISTERED GROUP HOME, SPECIFICALLY AN ASSISTED LIVING FACILITY AS DEFINED IN THE TEXAS HEALTH AND SAFETY CODE, WITHIN 2,500 FEET OF ANOTHER GROUP LIVING RESIDENTIAL USE; the following conditions are hereby established as part of this ordinance:
1. Development shall be in substantial conformance with the Site Plan Package, attached hereto as Exhibit B - Site Plan Package.
2. Per City Council approval the following exception has been granted:
a. Masonry Screening Wall: The City Council grants an exception to the masonry screening wall requirement to allow construction of a wrought iron fence with masonry columns along W. Polo Road.
3. Operations shall be in substantial conformance with the Operational Plans, attached hereto as Exhibit C - Operational Plan and Exhibit D - Certified Alzheimer’s and Dementia Home Care.
4. The operator shall not house any resident who is bed ridden or who requires more than limited verbal or physical assistance to evacuate or who needs services comparable to those services available in a nursing home.
5. The operator shall comply with licensing standards for assisted living facilities, specifically Section 92.5 in the Texas Administrative Code.
6. The number of residents in each residential building shall not exceed 16.
III.
COMPLIANCE
1. By this Ordinance, this Specific Use Permit shall automatically terminate in accordance with Section 5.4.1 of the Unified Development Code if a Building Permit has not been obtained on the premises within one (1) year after City Council adoption of this Ordinance, or upon cessation of said use for a period of six (6) months or more.
2. The operation of this site shall be in strict compliance with the requirements of this SUP Ordinance, the Unified Development Code, the City of Grand Prairie Code of Ordinances, city adopted building codes, city adopted fire codes, and with other applicable regulatory requirements administered and/or enforced by the state and federal government.
3. It shall be unlawful for the owner, manager, or any person in charge of a business or other establishment to violate the conditions imposed by the City Council when a Specific Use Permit is granted, and the violation of those conditions could result in a citation being issued by the appropriate enforcement officers of the City of Grand Prairie. Violation of this provision may be punishable in accordance with Section 1-8 of the Code of Ordinances of the City.
4. This Specific Use Permit shall run with the land and therefore may be transferred from owner to owner; however, each new owner shall obtain a new Certificate of Occupancy.
5. The Certificate of Occupancy shall note the existence of this Specific Use Permit by its number and title.
IV.
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.
V.
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
VI.
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 21st day of NOVEMBER, 2017.
ordinance no. 10397-2017
specific use permit no. 1037
case no. su171104/s171102