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File #: 19-9202    Version: 1 Name: Z190801/CP190801 - Zoning Change/Concept Plan - Presidium Hill Street
Type: Ordinance Status: Adopted
File created: 7/26/2019 In control: Planning and Zoning Commission
On agenda: 9/17/2019 Final action: 9/17/2019
Title: Z190801/CP190801 - Zoning Change/Concept Plan - Presidium Hill Street (City Council District 5). Planned Development request and Concept Plan for Multi-Family and Retail/Restaurant uses on 14.27 acres. The Concept Plan depicts four multi-family buildings east of Hill Street, and retail/restaurant uses east of the N SH-161 frontage. On 14.27 acres out of the Hein Bilsmirer Survey, Tract 3 & 11, Abstract No. 111 and the Pablo Mansola Survey, Tract 1, Abstract No. 933, Dallas County, City of Grand Prairie, Texas, Zoned CO, Commercial Office District and SF-4, Single-Family Four Residential District. Located at 1610 Hill Street, 1614 Hill St, and 906 North Hwy 161. (On September 9, 2019, the Planning and Zoning Commission recommended approval of this request by a vote of 5-2).
Attachments: 1. Exhibit A - Zoning Boundary, 2. Exhibit B - Concept Plan, 3. Exhibit C - Renderings.pdf, 4. Z190801- Petition Letter, 5. Z190801- Signed Petition, 6. Z190801- Signed Petition, 7. Z190801- Signed Petition, 8. Z190801- Signed Petition, 9. Z190801- Signed Petition, 10. PZ Draft Minutes 09-09-19.pdf

From

Chris Hartmann

 

Title

Z190801/CP190801 - Zoning Change/Concept Plan - Presidium Hill Street (City Council District 5).  Planned Development request and Concept Plan for Multi-Family and Retail/Restaurant uses on 14.27 acres. The Concept Plan depicts four multi-family buildings east of Hill Street, and retail/restaurant uses east of the N SH-161 frontage. On 14.27 acres out of the Hein Bilsmirer Survey, Tract 3 & 11, Abstract No. 111 and the Pablo Mansola Survey, Tract 1, Abstract No. 933, Dallas County, City of Grand Prairie, Texas, Zoned CO, Commercial Office District and SF-4, Single-Family Four Residential District.  Located at 1610 Hill Street, 1614 Hill St, and 906 North Hwy 161. (On September 9, 2019, the Planning and Zoning Commission recommended approval of this request by a vote of 5-2).

 

Presenter

David P. Jones, AICP, Chief City Planner

 

Recommended Action

Approve  

 

Analysis

SUMMARY:

 

Planned Development request and Concept Plan for Multi-Family and Retail/Restaurant uses on 14.27 acres. The Concept Plan depicts a multi-family development up to 26 units per acre on the north/east side of Hill Street and commercial use east of the frontage of N SH 161. 14.27 acres out of the Hein Bilsmirer Tract 3 & 11 Abstract No. 111, and Pablo Mansola Tract 1 Abstract No. 993, City of Grand Prairie, Dallas County, Texas, zoned “SF-4” Single-Family Four Residential District and “CO” Commercial Office District within the Highway 161 Corridor, generally located northeast of the intersection of Highway 161 and Hill Street addressed as 1614 Hill Street, 1610 Hill Street, and 906 Hwy 161.

 

Table 1: Adjacent Zoning and Land Uses

Direction

Zoning

Existing Use

North

SF-4, MF-1

Single Family Residences, and Multi-Family

South

PD-4, SF-1, LI

GP Collegiate Institute, Multi-Family

West

None

State Highway 161

East

SF-4

Vacant Lot, Single-Family Residences

 

PURPOSE OF REQUEST:                     

 

The purpose of this request is to change the zoning on 14.27 acres from “SF-4” and “CO” to “PD” to allow for a Multi-Family and Commercial development. The development includes four apartment buildings accessible from Hill St, a clubhouse, and dog park. Along the N SH 161 frontage, the applicant is proposing retail/restaurant uses The lot reasonably accommodates multi-family and commercial uses, and staff has found no indication of adverse impacts on neighboring lands in relation to the zone change, or adverse effects on the public health, safety, or welfare. Approving the change to a Planned Development will allow the owner to develop the underutilized parcels. In addition, high density residential uses are ideal along major arterials, and act as a buffer between less intense residential uses.

 

CONFORMANCE WITH COMPREHENSIVE PLAN: 

 

The Future Land Use Map (FLUM) designates the subject property as Open Space/Drainage and Mixed Use. Multi-family and Commercial is not consistent with the current FLUM designation. The applicant is also requesting a plan amendment (CPA190801) to change the FLUM to Mixed Use. Staff is supportive of a comprehensive plan amendment.

 

The proposal is consistent with goals, policies, and objectives in the 2018 Comprehensive Plan, including:

                     Achieve a broad housing selection for a diverse population;

                     Provide housing options that serve the needs of the population throughout the stages of their lives;

                     A mix of residential densities offers the City opportunities to attract and retain businesses as well as generate higher ad valorem tax revenues than through low density residential alone; and

                     Locate higher density residential uses along roadways designated as minor arterials, principle arterials or limited access thoroughfares.  

 

DEVELOPMENT REVIEW:

Section 17.5.1                      of the Unified Development Code (UDC) provides criteria by which Concept Plans should be evaluated, along with requirements of the Drainage Design Manual

 

A Site Plan is required for any multi-family use on the property. Planned Developments require a Site Plan for any construction, and UDC Articles VII and Appendix W require Site Plan approval. Approval of the Concept Plan does not confer any variances to the property or to future development.

 

ZONING REQUIREMENTS                     

 

The existing base zoning is “SF-4” and “CO”. The proposed base zoning for the 14.27 acres is “MF-3” Multi-Family Three Residential District and "GR-1" General Retail District. All zoning will defer to the Unified Development Code (UDC) as amended. 

 

Dimensional Requirements

 

The following outlines the minimum dimensional requirements of the “MF-3” and “GR” districts and provides an analysis of the proposed compliance with the district.

 

 

Table 2a: MF-3 Dimensional Requirements

Standard

Required

Meets

Requested

Maximum Single Beds in Units

60%

No

65%

Minimum Living Area

600 sf

Yes

600 sf

Minimum Lot Area

12,000 sf

Yes

12,000 sf

Minimum Lot Width

100 ft.

Yes

100 ft.

Minimum Lot Depth

120 ft.

Yes

120 ft.

Minimum Front Yard Setback

30 ft.

No

15 ft.

Minimum  Interior Side Yard Setback

45 ft.*

Yes

45 ft.*

Minimum Side Yard Setback Street

30 (10 if units front street)

No

10 (5 if units front street)

Rear Yard Setback

45 ft.*

Yes

45 ft.*

Max Height

50 ft.

Yes

50 ft.

 

*Minimum Living Area plus 250 sqft per additional room. PD requesting for an additional 250 sqft per additional room above three bedrooms.

*Rear Yard Setback is 45+1 foot for every foot over 35 feet in height.

 

Table 2b: GR-1 Dimensional Requirements

Standard

Required

Minimum Lot Area

5,000.

Minimum Lot Width

50 ft.

Minimum Lot Depth

100 ft.

Minimum Front Yard Setback

25 ft.

Minimum Side Yard Setback

15

Rear Yard Setback

0

Max Height

25

 

PROPOSED DEVELOPMENT OVERVIEW:

The following table provides a summary of the proposed development.

 

Table 3: Development Overview

Standard

Proposed Building

Lot Area Acres

14.27

Lot Area Sq. Ft.

621,601.2 sq.ft.

Land Use

Multi-Family and Commercial

 

Parking

 

The following shows the proposed parking being provided.  

 

Table 4: Parking

 

 

Standard

Required

Meets

Provided

Parking 1bdrm

1.25

No

1

Parking 2bdrm

2

Yes

2

Garages

30%

No

20%

Carports

20%

Yes

30%

 

SITE LAYOUT:

The site has frontage along Hill Street; the Concept Plan depicts two access points on Hill Street to access the multi-family development. Approval of this Concept Plan will be considered part of TXDOT’s process to approve the access from the SH 161 Frontage Road.

 

BUILDING DESIGN:

Multi-Family development is required to meet the standards contained in Appendix W of the UDC. These standards include building articulation, materials, architectural features, and other design elements and will be evaluated for at the Site Plan phase.

 

VARIANCES AND EXCEPTIONS:

All variances pertain to the multi-family component of the request.

1.                     65% one bedroom units (60% is standard).

2.                     15 foot front yard setback (30 feet is standard).

3.                     10 foot side yard setback on street (30 feet is standard).

4.                     20% garage parking (30% is standard).

5.                     1 parking space for 1 bedroom units (1.25 per 1 bedroom unit is standard).

6.                     Both garage parking and tandem parking behind the garage are included in the parking calculation (standard is to include tandem parking in calculation if a minimum of 20 ft is provided between paving and garages).

 

Petition:

Per Article 1, Sec. 1.11.6.5 of the Unified Development Code, "Property owners adjacent to and within a radius of two hundred (200) feet of a property for which a change in zoning is being considered have the right to file a written protest against the request. The land area of this two hundred (200) feet radius includes streets, alleys and other public right of way.

Whenever such written protest is signed by the owners of twenty (20) percent or more of the area of the lots or land included in such zoning change, or of the lots or land immediately adjoining the same and within the above mentioned two hundred (200) feet radius, such change in zoning shall not become effective except by a favorable vote of three fourths (3/4) of all the members of the City Council."

The surrounding property owners have submitted a signed petition in opposition to this proposed zoning changed. The petition contains 192 signatures. The current percentage of landowners within 200 feet who have signed the petition is 12.37%, which does not meet the threshold for a supermajority vote of Council in order to approve.

 

RECOMMENDATION:

 

Development Review Committee (DRC) recommends approval of the proposed zone change from “SF-4” Single-Family Four Residential District and “CO” Commercial Office District to "PD" Planned Development District.

 

At its Spetember 9, 2019 meeting, Planning and Zoning Comission recommended approval by a vote of 5-2 with the following exceptions:

A.                     65% one bedroom units 

B.                     20% garage parking

                           C.                     Both garage parking and tandem parking behind the garage are included in the parking calculation

 

Body

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND MAP TO REZONE 14.27 OUT OF THE HEIN BILSMIRER SURVEY, TRACT 3 & 11, ABSTRACT NO. 111 AND THE PABLO MANSOLA SURVEY, TRACT 1, ABSTRACT NO. 933, DALLAS COUNTY, CITY OF GRAND PRAIRIE, TEXAS, LOCATED AT 1610 HILL STREET, 1614 HILL ST, AND 906 NORTH HWY 161, FROM CO, COMMERCIAL OFFICE DISTRICT AND SF-4, SINGLE-FAMILY FOUR RESIDENTIAL TO A PLANNED DEVELOPMENT DISTRICT FOR MULTI-FAMILY USE NOT TO EXCEED 26 UNITS PER ACRE AND RETAIL/ RESTAURANT 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 A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

 

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 CO, Commercial Office District and SF-4, Single-Family Four Residential District, to a Planned Development for Multi-Family Uses and Retail/Restaurant uses; and

 

WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on September 9, 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 5-2 to recommend approval to the City Council of Grand Prairie, Texas, of the request that the hereinafter described property be rezoned from its classification of CO, Commercial Office District and SF-4, Single-Family Four Residential District, to a Planned Development for Multi-Family and Retail/Restaurant uses; 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 September 17, 2019, 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 CO, Commercial Office District and SF-4, Single-Family Four Residential District, to a Planned Development for Multi-Family Uses and Retail/Restaurant 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 CO, Commercial Office District and SF-4, Single-Family Four Residential District, to a Planned Development for Multi-Family and Retail/Restaurant uses; as depicted in Exhibit A - Zoning Boundary.

 

SECTION 2.

 

Purpose and Intent

 

The purpose of this planned development to create a multi-family development and to establish appropriate restrictions and development controls necessary to ensure predictable land development, safe and efficient vehicular and pedestrian circulation, compatible uses of land and compliance with appropriate design standards. 

 

SECTION 3.

 

Development Standards

 

I.                     Applicability

 

All development on land located within the boundaries of this Planned Development District shall adhere to the rules and regulations set forth in this ordinance. The locations of buildings, driveways, parking areas, and amenity areas shall substantially conform to the locations shown on the approved Exhibit B - Concept Plan. Building elevations shall substantially conform to those depicted on Exhibit C - Renderings. Where there is a conflict between these standards and the Concept Plan, these standards shall control.

 

II.                     Base Zoning

 

1.                     Any zoning, land use requirement or restriction not contained within this zoning ordinance shall conform to the regulations of the  GR-1, General Retail- One District MF-3, Multi-Family Three Residential District and Appendix W of the Unified Development Code applicable to multi-family development, with the following exceptions:

 

A.                     65% one bedroom units 

B.                     20% garage parking

C.                     Both garage parking and tandem parking behind the garage are included in the parking calculation if 20 feet of space is provided between the face of the garage and the drive aisle or fire lane.

 

2.                     Multi-family uses shall be constructed as shown on the Concept Plan. The Concept Plan shall be amended only with the approval of City Council upon recommendation by the Planning and Zoning Commission.

 

Table 1: MF-3 Dimensional Requirements

Standard

 

Maximum Single Beds in Units

65%

Minimum Living Area

600 sf

Minimum Lot Area

12,000 sf

Minimum Lot Width

100

Minimum Lot Depth

120

Minimum Front Yard Setback

30 ft

Minimum  Interior Side Yard Setback

45 ft*

Minimum Side Yard Setback Street

30 ft

Rear Yard Setback

45 ft*

Max Height

50 ft.

PD requesting for an additional 250 sqft per additional room above three bedrooms

*Rear yard and interior side yard setback is 45+1 foot for every foot over 35 feet in height

 

3.                     With the above exceptions, dimensional requirements found in Article 6 of the Unified Development Code for the GR-1, General Retail-One District and MF-3, Multi-Family Three Residential District shall apply to the development. In the event of a conflict between the requirements of Article 6 or Appendix W of the Unified Development Code, the Code shall take precedence.

 

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 the Zoning Ordinance and Map, as amended, shall be and remain in full force and effect save and except as amended by this Ordinance.

 

SECTION 6.

 

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

 

SECTION 7.

 

THAT, the terms of this Ordinance are severable and governed by Section 1-4 of the Code of Ordinances of the City of Grand Prairie, Texas.

 

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 SEPTEMBER, 2019.

 

ORDINANCE NO. 10710-2019

PLANNED DEVELOPMENT NO. 392

CASE NO. Z190801/CP190801