From
Chris Hartmann
Title
Z171002 - Zoning Change - Austin Street Townhomes (City Council District 5). A Rezoning of approximately 0.34 acres from Central Area (CA) District to Single Family-Townhouse (SF-T) District. The property is a portion of Lots 5, 6, 7, Bairds Dallas Addition, City of Grand Prairie, Dallas County, Texas, within the Central Business District, No. 2 and located at 516, 522, and 524 Austin Street. The owner and applicant is Victor Reyes. (On October 2, 2017, the Planning and Zoning Commission denied this request by a vote of 8-0. This case is being appealed per Article 1 Section 1.11.5.9 of the Unified Development Code).
Presenter
David Jones, Chief City Planner
Recommended Action
Deny
Analysis
SUMMARY:
A request to rezone approximately 0.378 acres from Central Area (CA) District to Single Family-Townhouse (SF-T) District. S 96.2 Ft Lot 5, S 100 Ft Lot 6, and S 1/2 Lot 7, Bairds Dallas Addition, City of Grand Prairie, Dallas County, Texas, zoned CA, within CBD-2 and located at 516, 522, and 524 Austin Street.
PURPOSE OF REQUEST:
The purpose of the request is to rezone about 0.378 acres from Central Area (CA) District to Single Family-Townhouse (SF-T) District to allow the construction of five residential units.
ADJACENT LAND USES AND ACCESS:
North: Zoned Central Area (CA) District, undeveloped land and an automotive related business
South: Zoned Central Area (CA) District, Single family residential and commercial uses
East: Zoned Central Area (CA) District, Single family residential use
West: Zoned Central Area (CA) District, Commercial use
CONFORMANCE WITH COMPREHENSIVE PLAN:
The 2010 Comprehensive Plan’s Future Land Use Map (FLUM) designates this as Mixed Use (MU). Development in this category should include a mixture of retail, high density residential, personal service and some limited office uses in a pedestrian oriented development. Appropriate zoning districts for high density residential development (12+ Dwelling Units Per Net Acre) may include Multi-Family One to Multi-Family Three, and Planned Development (PD) with one or more of these uses. The proposal is not consistent with the FLUM.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The applicant intends to build five residential units on 0.378 acres with direct access from Austin Street. The proposal shows two units attached and three units attached on one lot. The applicant must replat the property prior to the issuance of any building permits. The units will be constructed to the SF-T standards. The applicant is proposing front-entry garages which must be setback a minimum of 12 inches from the nearest front building elevation.
ANALYSIS:
Staff has several concerns with the request. First, the request singles out a small parcel of land and seeks to rezone it to a classification different from the surrounding area. The proposed residential development is adjacent to existing commercial uses. Staff has concerns about building new homes next to the existing commercial uses.
Second, the change in zoning will impact the redevelopment of the area. The property is within Central Business District No. 2 (CBD 2). CBD 2 is projected as a mixed-use area including residential units above retail and commercial uses. The proposal is inconsistent with the FLUM and CBD 2. Staff has concerns that rezoning the property will hinder future redevelopment of the block as a cohesive development.
Finally, rezoning the property for residential use imposes a burden on surrounding property owners who wish to develop their property. The UDC contains requirements for commercial development adjacent to or across from residential zoning districts. Commercial development on properties adjacent to the subject property will require a masonry screening wall and landscape buffer planted with trees. The proposed change would increase the building setback requirements for adjacent properties and limit how the properties are able to develop. Specific Use Permits are required for certain uses within 300 feet of residential zoning districts. Staff has concerns that rezoning the property would be detrimental to other property owners.
RECOMMENDATION:
Staff recommends denial of the request.
P&Z Recommendation
Planning and Zoning Commission recommended denial of the request by a vote of 8-0. If 6 or more members of the Planning and Zoning Commission recommend denial of a zoning change, the request is considered to have been denied without any required action by City Council. The applicant has appealed the Planning and Zoning Commission’s decision.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE ZONING MAP AND ORDINANCE TO REZONE 0.378 ACRES OF LAND OUT OF THE JOHN W. KIRK ABSTRACT NO. 726, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS FROM CENTRAL AREA (CA) DISTRICT TO SINGLE FAMILY-TOWNHOUSE (SF-T) DISTRICT; 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 owner 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 change the zoning designation of said property from Central Area (CA) District to Single Family-Townhouse (SF-2) District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on October 2, 2017 after written notice of such public hearing before the Planning and Zoning Commission on the proposed zoning change had been sent to owners of real property lying within 300 feet of the property on which the zoning change from Central Area (CA) District to Single Family-Townhouse (SF-T) District 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 deny the request to allow a zoning change from Central Area (CA) District to Single Family-Townhouse (SF-T) District; and
WHEREAS, the owner of the property filed an application with the City of Grand Prairie, Texas, requesting that the request be forwarded to the City Council for consideration; 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 17, 2017, to consider the advisability of amending the Zoning Ordinance and Map, 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 the matter of the zoning change, 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, changing the zoning from Central Area (CA) District to Single Family-Townhouse (SF-T) 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:
I.
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:
"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 WTIHA COMPREHENSIVE PLAN…”
being passed and approved November 20, 1990, as amended, is hereby further amended so as to change the zoning district of the following described area from its classification of Central Area (CA) District to Single Family-Townhouse (SF-T) District;
Description of Land:
APPROXIMATELY 0.378 ACRES OF LAND OUT OF THE JOHN W. KIRK ABSTRACT NO. 726, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, MORE SPECIFICALLY DESCRIBED AS S 96.2 FT LOT 5, S 100 FT LOT 6, S ½ LOT 7, AND A PORTION OF N ½ LOTS 6 & 7, BLOCK A, BAIRDS DALLAS ADDITION, AND AS DEPICTED IN EXHIBIT A - LOCATION MAP AND EXHIBIT B - ZONING EXHIBIT, WHICH ARE INCORPORATED HEREIN BY REFERENCE.
II.
PURPOSE AND INTENT
The purpose of this zoning ordinance is to create a development framework that encourages and supports standards of the Single Family-Townhouse (SF-T) District.
III.
PERMISSIBLE USES
1. All principal uses of the subject property shall be limited to those uses listed under the Single Family (SF-T) 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 Single Family-Townhouse (SF-T) 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.
IV.
DIMENSIONAL AND DEVELOPMENT STANDARDS
1. All development shall conform to the dimensional and development standards of the Single Family-Townhouse (SF-T) District of the Unified Development Code, as may be amended.
V.
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.
VI.
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
VII.
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 OCTOBER, 2017
ORDINANCE NO.
CASE NO. Z171002