From
Chris Hartmann
Title
SU151007 - Specific Use Permit - Heritage at Turner Park (City Council District 5). Approve a specific use permit to operate an assisted living facility. The 3.48-acre property, zoned General Retail (GR) District, is located at 820 and 914 Small Street. The agent is Ronald Payne, Southwest LTC-Grand Prairie, LLC and the owner is Brian Reynolds, 820 Small Street, LLC. (On October 5, 2015, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
SUMMARY:
Consider a request to approve a specific use permit operate a skilled nursing facility. The 3.48-acre property, zoned General Retail (GR) District, is located at 820 and 914 Small Street.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Use |
|
North |
Single Family-Four (SF-4) District |
Single Family Residential Uses |
|
South |
General Retail (GR) District |
Retail/Commercial Uses |
|
East |
GR and Two-Family (2F) District |
Multi-family Residential Uses |
|
West |
GR District |
Retail/Commercial Uses |
PURPOSE OF REQUEST:
The applicant is requesting approval of a specific use permit (SUP) to operate a skilled nursing facility on 3.48 acres. The subject site is currently zoned GR district.
BACKGROUND:
On May 24, 1985, a certificate of occupancy was issued by the Building Inspections Division for a nursing home. In 1985, approval of the nursing home site plan was approved through the building permit process.
On August 18, 2015, an application for a specific use permit approval was submitted for consideration.
On September 24, 2015, a Development Review Committee (DRC) meeting was held. Staff met with the applicant to discuss the proposal. The proposal was cleared to move forward subject to conditions found in the recommendation section of this report.
On September 25, 2015, legal notice was mailed to affected property owners and notice of the upcoming public hearing was published in the Fort Worth Star Telegram.
On October 5, 2015, the item is scheduled to be heard by the Planning and Zoning Commission.
On October 13, 2015, the item is scheduled to be heard by the City Council.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map (FLUM) of the 2010 Comprehensive Plan designates this area as Commercial, Retail, Office (CRO) uses. The proposed use is consistent with the FLUM designation.
ZONING REQUIREMENTS
At the time the nursing home was approved and constructed, the Unified Development Code (UDC) allowed approval through the building permit process. Since construction of the nursing home, the UDC has been amended to allow skilled nursing facilities/nursing homes in the GR zoning district with approval of a specific use permit. The existing facility is an existing non-conforming use. The applicant has submitted an application for a specific use permit in the existing facility to address the issue of non-conformance.
REQUESTED APPEALS BY APPLICANT:
No appeals have been requested as part of this proposal.
RECOMMENDATION:
The DRC recommends approval of the request for a Specific Use Permit to allow operation of a skilled nursing facility/nursing home subject to the recommendations of the Development Review Committee.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR A SPECIFIC USE PERMIT FOR AN ASSISTED LIVING FACILITY/NURSING HOME LOCATED IN THE GENERAL RETAIL (GR) DISTRICT, TO WIT: BEING 3.4765 ACRES OF LAND OUT OF THE RICHARD WILSON SURVEY, ABSTRACT 1548, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS; 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 property to include a Specific Use Permit for an Assisted Nursing Facility/Nursing Home; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on October 5, 2015, 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 Specific Use Permit for an Assisted Nursing Facility/Nursing Home 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 an Assisted Nursing Facility/Nursing Home; 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 13, 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 , 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 numbered 980 for the property location described as follows:
All that certain tract or parcel of land situated in the City of Grand Prairie, County of Dallas, State of Texas. Being a part of the Richard Wilson Survey, Abstract No. 1548. Being all of the same tract conveyed to HCRI Texas Properties, Ltd. by that certain Special Warranty Deed recorded in Volume 2005135, Page 00589, Official Public Records, Dallas County, Texas. Said land being more particularly described as follows:
COMMENCING at the transition line from the East right of way line of Belt Line Road (120' wide) with the North right of way line of Small Street (40'wide);
THENCE South 68° 01 ' 18" East, along said transition line, a distance of 70.45 feet to the North right of way line of said Small Street;
THENCE South 88° 48' 00" East along said North right-of-way line, a distance of 124.40 feet to a 1/2-inch capped iron rod stamped "1ST AMER 4053785800" and POINT OF BEGINNING for the herein described parcel of land;
THENCE along the west line of herein described tract the following 5 courses and distances:
1. North 02 ° 06' 20" East a distance of 250.02 feet to a 1/2 inch capped iron rod stamped "1ST AMER 4053785800" set;
2. North 88° 48' 00" West a distance of 14.23 feet to a 1/2 inch capped iron rod stamped "l ST AMER 4053785800" set;
3. North 00° 29' 50" West a distance of 109.90 feet to a 1/2 inch capped iron rod stamped "1ST AMER 4053785800" set;
4. South 88° 48' 00" East a distance of 50.00 feet to a drill hole set in concrete pavement;
5. North 00° 29' 50" West a distance of 176.14 feet to a 1/2 inch capped iron rod stamped "1ST AMER 4053785800" set on the South line of Kathryn-Gene Addition recorded in Plat Volume 7, Page 293, Plat Records, Dallas County, Texas;
THENCE South 87° 24' 00" East, along the South line of said subdivision a distance of 160.89 feet to a 1/2 inch capped iron rod stamped "1ST AMER 4053785800" set at the Northwest corner of land formerly conveyed to Rhea Wallace recorded in Volume 68025, Page 520, Deed Records, Dallas County, Texas;
THENCE South 01° 45' 20" West, along the West line of said Wallace tract, a distance of 37.94 feet to a 1/2 inch capped iron rod stamped "l ST AMER 4053785800" set at the Southwest corner of said Wallace tract;
THENCE South 88° 00' 00" East, along the South line of said Wallace tract, a distance of 112.00 feet to a 1/2 inch capped iron rod stamped "lST AMER 4053785800" set at the Southeast corner of said Wallace tract, said point being in the West line of land now or formerly conveyed to Laeme Castillo-Lucero and Spouse Hildo Castillo recorded as Document No. 2001.01593213, Official Public Records, Dallas County, Texas;
THENCE South 01° 45' 20" West, along the West line of said Castillo-Lucero tract and along the West line of Mikeska Addition recorded in Plat Volume 9, Page 91, Plat Records, Dallas County, Texas, passing the North line of subdivision at a distance of 19.06 feet (20.21 feet record), continuing a total distance of 494.06 feet to a 1/2 inch capped iron rod stamped "1ST AMER 4053785800" set on the North right of way line of aforesaid Small Street;
THENCE North 88° 48' 00" West, along said North right of way line, a distance of 298.93 feet (297.41 feet record) to the POINT OF BEGINNING containing 151,439 square feet or 3.4765 acres of land, more or less.
II.
Specific Use Permit
FOR THE OPERATION OF AN ASSISTED LIVING FACILITY/NURSING HOME; the following conditions are hereby established as part of this ordinance:
1. All on-site fencing that has fallen into disrepair shall be fixed or replaced.
2. All operations shall conform to the site plan package, attached hereto as Exhibit “A” and the operational plan as approved by City Council under case number SU151007.
3. The Assisted Living Facility/Nursing Home shall maintain compliance with State regulations and local ordinances for operations.
III.
Compliance
All development must be in substantial conformance with Exhibit “A” of this ordinance, which is herein incorporated by reference.
1. This Specific Use Permit (SUP) shall automatically terminate in accordance with Section 5.4.1 of the Unified Development Code if a Certificate of Occupancy is not issued for an Assisted Living Facility/Nursing Home within one (1) year after City Council adoption of this Ordinance, or upon cessation of the use for a period of six (6) months or more.
2. The operation of this facility 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 of this SUP as granted. The violation of those conditions could result in a citation being issued by the appropriate enforcement officers of the City of Grand Prairie, and/or an action to revoke the SUP. 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.
DULY PASSED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, ON THE 13th DAY OF OCTOBER, 2015.
Ordinance No. 9958-2015
Specific Use Permit No. 980
Case No. SU151007