From
Chris Hartmann
Title
Z151001/CP151001 - Zoning Change/Concept Plan - Gables at Green Oaks (City Council District 1). Rezone 12.21 acres from Multi-Family-2 (MF-2) District to General Retail-1 (GR-1) District. The 12.21-acre property, zoned Multi-Family-2 (MF-2) District, is located at 2150, 2351, and 2375 N. State Highway 360 (SH 360), is within the State Highway 360 (SH 360) Corridor Overlay District. The agent is Martin Schelling, Conifer Real Estate and the owner is Dennis Rainosek, Gables Realty LTD. (On November 2, 2015, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
SUMMARY:
Consider a request to rezone 12.21 acres from Multi-Family-2 (MF-2) District to General Retail-1 (GR-1) District. The 12.21-acre property, zoned Multi-Family-2 (MF-2) District, is located at 2150, 2351, and 2375 N. State Highway 360 (SH 360), is within the State Highway 360 (SH 360) Corridor Overlay District.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Use |
|
North |
Light Industrial (LI) and within the S.H. 360 Corridor Overlay District |
Multi-family residential development |
|
South |
LI and within the S.H. 360 Corridor Overlay District |
Commercial and Retail uses |
|
East |
State Highway (S.H.) 360 |
|
West |
City of Arlington |
PURPOSE OF REQUEST:
The applicant is proposing to rezone approximately 2.047 acres from Multi-Family-2 (MF-2) district to General Retail-1 (GR-1) district. The subject site is currently zoned MF-2 and is within the S.H. 360 Corridor Overlay District.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map (FLUM) of the 2010 Comprehensive Plan shows this area as appropriate for Mixed-Use (MU). The proposal will rezone the property from multi-family residential uses to commercial/retail uses. These uses are inconsistent with the FLUM, however, annually the FLUM is amended to address inconsistencies such as this.
ZONING REQUIREMENTS
Dimensional Requirements
This zone change request has been evaluated against the GR-1 zoning dimension requirements. Subsequent development will have to meet the minimum requirements of the GR-1 district. The following table provides detailed dimensional requirements information.
|
Standard |
Required |
|
Minimum Lot Area |
5,000 sf. |
|
Minimum Width |
50 ft. |
|
Minimum Depth |
100 ft. |
|
Front Yard Setback |
25 ft. |
|
Rear Yard |
0 ft. /20 ft. - adjacent to residential |
|
Side Yard |
Varies - dependent on building height |
|
Maximum Height |
25 |
|
Maximum Floor Area Ratio |
0.35:1 |
|
Minimum Masonry Content |
100% |
RECOMMENDATION
On October 22, 2015, the Development Review Committee (DRC) recommended approval of the zone change for this property subject to the following conditions:
ENGINEERING/FLOODPLAIN: Stephanie Griffin/Chris Agnew/Brent O’Neal (972) 237-8141
M. 1. Add FEMA FIRM reference.
M. 2. Show the existing paving improvements and public storm drainage facilities on Lot 1 of the proposed preliminary plat;
M. 3. Provide the concept drainage plan for the overall plat including existing detention facility and proposed detention facility necessary to provide 100-year flow through the plat to the existing outfall system and 100-year outfall capacity serving the plat;
M. 4. City approved grading, drainage, and erosion control plans are required prior to approval of any final plat, earthwork or building permit for the property. Such plans shall include complete plans and profiles of all storm drainage facilities with hydrologic and hydraulic information designed to current standards as provided in the Drainage Design Manual as currently amended. Tie storm drain hydraulics to existing downstream storm drain and extend to upstream properties. Where applicable, drainage from site shall discharge into drainage easement and shall convey flow to stream without causing erosion or flooding (maximum downstream velocity 6 fps). 100-year overflow shall be conveyed to stream in drainage easement;
M. 5. Detention may be required for this site due to limited storm drainage outfall capacity. The proposed detention area should be shown on the preliminary plat or a drainage analysis performed by a hydraulic engineer to show that no detention of stormwater discharges from this site will have no adverse impact on the downstream property owners;
M. 6. If detention facilities are proposed or to be used before any final plat or building permit can be approved the property owner must accept the City New Development General Guidelines for the Operation and Maintenance of Stormwater Management Facilities and sign the city standard Owner/Developer Inspection and Maintenance Agreement form covering the proposed Stormwater management facilities which form shall be filed with the county against the property. For more information please refer to City Ordinance 9039-2010.
M. 7. Dedication of a detention and drainage easement by plat or separate instrument to cover the proposed 100-year drainage pool is required for approval of any plat or building permit.
M. 8. The following note must be added to the final plat or drainage easement instrument of dedication covering the detention basin:
o The City of Grand Prairie is not responsible for the design, construction, operation, maintenance, or use of any detention pond or underground detention facility and associated drainage easements, hereinafter referred to as “improvement,” to be developed, constructed or used by Owner or his successors, assigns or heirs. Owner shall indemnify, defend and hold harmless the City of Grand Prairie, its officers, employees, and agents from any direct or indirect loss, damage, liability, or expense and attorneys’ fees for any negligence whatsoever, arising out of the design, construction, operation, maintenance, condition, or use of the “improvement,” including any non-performance of the foregoing. Owner shall require any successor, assigns or heirs in interest to accept full responsibility and liability for the “improvement.” All of the above shall be covenants running with the land. It is expressly contemplated that the Owner shall impose these covenants upon all the lots of this plat abutting, adjacent, or served by the “improvement.” It is also expressly contemplated that the Owner shall impose these covenants upon any successor, assigns or heirs in interest the full obligation and responsibility of maintaining and operating said “improvement.” Owner shall require any successor, assigns or heirs in interest to accept full responsibility and liability for the “improvement.” All of the above shall be covenants running with the land.
FIRE DEPARTMENT: Joel Anderson, (972) 237-8300
M. 1. Show access.
TRANSPORTATION SERVICES: Daon Stephens, (972) 237-8319
M. 1. Transportation needs more information about the traffic impact on Green Oaks and how the property will access the public right-of-way leading to Green Oaks.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE ZONING ORDINANCE AND MAP BY SHOWING THE LOCATION, BOUNDARY AND USE OF A CERTAIN PROPERTY GRANTING A ZONING CHANGE FROM MULTI-FAMILY-2 (MF-2) DISTRICT TO GENERAL RETAIL-ONE (GR-1) DISTRICT ON A 2.141 ACRE TRACT OF LAND OUT OF THE JONATHON BROWN SURVEY, ABSTRACT NO. 110, CITY OF GRAND PRAIRIE, TARRANT COUNTY, TEXAS, GENERALLY LOCATED WEST OF NORTH STATE HIGHWAY 360, EAST OF RIVERSIDE PARKWAY, AND ADDRESSED AS 2150 NORTH STATE HIGHWAY 360, AND AS MORE THOROUGHLY DESCRIBED BELOW; SAID ZONING ORDINANCE AND MAP 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 Multi-Family-2 (MF-2) District to General Retail-One (GR-1) District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on November 2, 2015, 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 8 to 0 to recommend to the City Council of Grand Prairie, Texas, that the hereinafter described property be rezoned from its classification of Multi-Family-2 (MF-2) District to General Retail-One (GR-1) District; 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 17, 2015, 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, 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 Multi-Family-2 (MF-2) District 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 Multi-Family-2 (MF-2) District to General Retail-One (GR-1) District as depicted in Exhibit A - Location Map and as legally described as follows:
PROPERTY DESCRIPTION - 2.141 ACRES
BEING a tract of land situated in the Jonathan Brown Survey, Abstract No. 110, City of Grand Prairie, Tarrant County, Texas, and being a portion of the remaining unplatted portion of a tract of land conveyed to Gables Realty Limited Partnership by deed recorded in Volume 11478, Page 994 of the Real Property Records of Tarrant County, Texas (RPRTCT), and being more particularly described by metes and bounds as follows:
BEGINNING at a capped 1/2" iron pin set at the southeast corner of said Gables Realty Limited Partnership tract, same being the northeast corner of Lot 1, Block 1 of Higgins Heights Addition, an Addition to the City of Grand Prairie, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-187, Page 76 of the Plat Records of Tarrant County, Texas (PRTCT), said point also being on the west right-of-way line of State Highway No. 360 (variable width Right-of-way),
THENCE South 89 deg. 29 min. 19 sec. West departing the west right-of-way line of said State Highway No. 360, along the south line of said Gables Realty Limited Partnership tract, along the north line of said Lot 1, Block 1, the north line of Lot 1, Block A of J.J. Goodwin Addition No. 2, an Addition to the City of Grand Prairie, Tarrant County, Texas, according to the plat thereof recorded in Cabinet A, Slide 1967, PRTCT, a distance of 288.11 feet to a capped 1/2" iron rod set;
THENCE North 15 deg. 31 min. 08 sec. East departing the north line of Lot 1, Block A of J.J. Goodwin Addition No. 2, a distance of 376.57 feet to a capped 1/2" iron rod set;
THENCE South 74 deg. 29 min. 13 sec. East to the southeast corner of Lot 1, Block A of Gables at Green Oaks Addition, an Addition to the City of Grand Prairie, Tarrant County, Texas, according to the plat thereof recorded in Cabinet A, Slide 2105, PRTCT, said point also being on the west right-of-way line of said State Highway No. 360 and the east line of said Gables Realty Limited Partnership tract, a distance of 276.91 feet to a 5/8" iron pin found;
THENCE South 15 deg. 31 min. 08 sec. West along the west right-of-way line of said State Highway No. 360 and the east line of said Gables Realty Limited Partnership tract, a distance of 297.04 feet to the POINT OF BEGINNING, containing 93,265 square feet or 2.141 acres of land.
SECTION 2. Purpose and Intent
The purpose and intent of this zoning ordinance is to create a development framework that encourages and supports the standards of the General Retail-One (GR-1) District.
SECTION 3. Permissible Land Uses
1. All principal uses of the subject property shall be limited to those uses listed under the General Retail-One (GR-1) District column as contained within the Use Charts of Section 14, Article 4 of the Unified Development Code, as may be amended.
2. No principal use shall be permitted unless a symbol appears below the General Retail-One (GR-1) District column and opposite the row of a listed use contained within the Use Charts of Section 14, Article 4 of the Unified Development Code, as may be amended.
a. The symbol “X” shall mean that the principal use is permitted as a use by right.
b. The symbol “S” shall mean that the principal use is permitted only after obtaining a “Specific Use Permit” as set forth in Article 5, “Specific Uses” of the Unified Development Code, as may be amended.
c. A blank square shall mean that the principal use is not allowed.
3. Accessory and temporary uses shall be permissible in accordance with Article 4 of the Unified Development Code, as may be amended.
SECTION 4. Dimensional and Development Standards
All development shall conform to the dimensional and development standards of the General Retail-One (GR-1) District of the Unified Development Code, as may be amended.
SECTION 5. Conceptual Plan
Future development of the subject property shall be in substantial conformance with the approved conceptual plan as shown in Exhibit B - Conceptual Plan.
SECTION 6.
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 7.
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 8.
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 17th Day of November, 2015.
Ordinance No. 9974-2015
Zoning Case No. Z151001 CP151001