From
Chris Hartmann
Title
Z150201/CP150201 - Zoning Change/Concept Plan - Walmart Store (City Council District 2). Approval of a Zone Change and Concept Plan from Commercial (C) District to a Planned Development District for Commercial (C) District uses, including a large box retailer w/gasoline sales. The subject 32.39 acres are located at the northeast corner of SH 161 and Arkansas Lane and within the SH 161 Corridor Overlay District. The applicant is Michael Allan, Wal-Mart Real Estate Business Trust and the agent is Richard Underwood, Kimley-Horn and Associates, Inc. (On April 6, 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 for approval of a Zone Change and Concept Plan from Commercial (C) District to a Planned Development District for Commercial (C) District uses, including a large box retailer w/gasoline sales. The subject 32.39 acres are located at the northeast corner of SH 161 and Arkansas Lane and within the SH 161 Corridor Overlay District.
ADJACENT LAND USES AND ACCESS:
North - To the north is Pioneer Parkway which is a principal arterial, six-lane divided (P6D) thoroughfare on the City's Master Transportation Plan. The surrounding properties to the north are zoned Commercial (C) District and are primarily developed with Retail Sales and Services Uses.
South - To the south is Arkansas Lane which is a principal arterial, four-lane divided (P4D) thoroughfare on the City's Master Transportation Plan. The surrounding properties to the south are zoned Planned Development 273A (PD-273A) for Single-Family SF-5 uses, multi-family uses (up to 20 acres), General Retail (GR) District uses, and Commercial (C) District uses. A portion of the PD-273A located north of the GPIS John A. Dubiski High School is vacant; however, the balance of the property located south of the subject property is developed with single-family detached housing with a zero side yard setback within the Brookfield North Addition.
East - To the east is Robinson Road which is a minor arterial, four-lane undivided (M4U) thoroughfare on the City's Master Transportation Plan. The surrounding properties to the east are zoned Planned Development 299 (PD-299) for Single-Family Attached and Single-Family Zero Lot Line development. The property is now fully development with single-family detached homes with a zero side-yard setback with the Brookshire Park Addition.
West - To the west is the S.H. 161 frontage road and North Texas Transportation Authority (NTTA) S.H. 161 Interstate.
PURPOSE OF REQUEST:
The purpose of this request is to change the existing Commercial (C) District zoning of the subject property, a 32.39-acre tract of land located at the northeast corner of SH 161 and Arkansas Lane, to a planned development zoning district allowing all Commercial (C) District uses, as may be amended, AND specifically allowing for Auto Tire Repair, Auto Tire Sales and Installation (outdoor Displays), Quick Lube & Tune (Oil Change), Large Retail (w/Gas Sales), and Drive Through/In Retail Sales as uses by right on the principal lot (Walmart site) and associated fuel lot without the necessity of a specific use permit.
The applicant has submitted the following development standards for consideration: Staff comments are shown in BOLD.
Section 3 Development Standards
A. All development occurring within the boundaries of the zoning area shall conform to the development standard and land use standards contained within this Ordinance shall be governed by all pertinent development and land use standards specified in Appendix T, "SH-161 Overlay District," and Appendix F, "Corridor Overlay District Standards." of the Unified Development Code. Any remaining standards not addressed in these Appendices shall default to the development and land use standards in the Unified Development Code.
1. Planned Development Site Plan Required. A Planned Development Site Plan shall be reviewed and approved by the Planning and Zoning Commission and the City Council for each separate development within the zoning area prior to the issuance of any building permits. (Staff supports this requirement.)
2. Land Use Regulations. Except as otherwise provided in this Ordinance, the Commercial (C) District regulations for permissible land uses of Article 4, "Permissible Uses," of the Unified Development Code shall apply with the exception of the following land uses which shall be permitted by right within the 19.60 acre principal lot and its associated fuel outlot. (Staff supports this request and is supportive of the below listed uses being added to the principle lot without the need of a specific use permit.)
Permitted Land Uses |
NAICS Code |
Auto Tire Repair |
811198 |
Auto Tire Sales & Installation (out display) |
441320 |
Quick Lube & Tune (Oil Change) |
811191 |
Lg. Retail (w/Gas Sales) |
447110 |
Drive Through / In Retail Sales |
722200 |
3. Outside and Seasonal Sales. Outside display of merchandise and outside seasonal sales shall be limited in location per the attached Exhibit X. (Staff is not supportive of any outside display.)
4. Concept Land Use Plan. The zoning Area shall generally conform to the approved concept plan as shown on the attached Exhibit "B" incorporated herein by reference. (Staff is supportive of the proposed Concept Plan being approved and used as a general guideline for layout of the principle lot, associated fuel sales lot, and commercial outlots, including access points, and internal roadways and access easements, but staff reserves the right that a final review of the future development shall comply with the development standards of the Unified Development Code and other applicable regulations during the Site Plan and Preliminary Plat/Final Plat reviews.)
5. Additional Development Standards. The following design/development standards are applicable to the [19.60] acre principal lot and its associated fuel lot, as illustrated in Exhibit "B":
· The maximum building height shall be 35 feet. (Staff supports)
· The primary building material for all elevations shall consist of integrally-colored architectural masonry as shown in the Concept Elevations. (Staff is not supportive of amending the architectural design standards of the Appendix T, "SH-161 Overlay District," and Appendix F, "Corridor Overlay District Standards." with this zone change request. While staff is overall supportive of the conceptual elevation plans, staff recommends that any deviations to existing standards be reserved for final Site Plan review.)
· A screening wall shall be constructed along Robinson Road and meeting all setback requirements. Such screening wall shall be constructed of material consistent with the building elevations and shall be a minimum of eight (8) feet in height. (Again, staff is not supportive of amending the architectural design standards of the Appendix T, "SH-161 Overlay District," and Appendix F, "Corridor Overlay District Standards." with this zone change request. While staff is overall supportive of the conceptual elevation plans, staff recommends that any deviations to existing standards be reserved for final Site Plan review.)
6. Sign Standards. The sign standards in Appendix F, "Corridor Overlay District Standards," and Article 9, "Sign Standards," of the Unified Development Code shall apply to the zoning area with the following exception:
· Two (2) Multi-tenant tower signs are permitted with a minimum separation of three hundred (300) feet. (Staff supports - sign code currently allows this request.)
· Two (2) monument signs with gas price readers are permitted with a minimum separation of three hundred (300) feet. (Staff supports - sign code currently allows this request.)
PROPOSED CHARACTERISTICS AND FUNCTION:
The conceptual plan illustrates the applicant's intent to develop the subject 32.39-acre property with a 189,543 square foot Walmart retail store including: grocery sales, pharmacy w/drive through, tire sales and installation, tire repair, quick lube and tune, landscaping material sales, and an associated fuel sales outlot including a 8 fuel island pumps, covered canopy and 1,440 sf kiosk. The conceptual site plan further includes nine commercial outlots ranging in size from 0.70 acres to 3.80 acres that are primary located along frontage of Arkansas Lane and the S.H. 161 frontage road.
The conceptual plan includes multiple access points to the subject property along all four abutting roadway, private internal street w/mutual access easements. Generally, staff is supportive of the access points and internal circulation as shown on the Concept Plan, but a final determination will be made during the Site Plan and final platting reviews, which will based on the Traffic Impact Study generated by Kimley Horn and Associates dated March 23, 2015, the Unified Development Code and Texas Department of Transportation (SH 161 and Pioneer Pkwy), as applicable.
The conceptual plan also includes proposed elevations of the Walmart retail store and elevations of the associated proposed fuel sales island w/eight gas pumps, canopy, and kiosk. Staff is not supportive of amending any pf the architectural design standards of the Appendix T, "SH-161 Overlay District," and Appendix F, "Corridor Overlay District Standards." with this zone change request. While staff is overall supportive of the submitted conceptual elevation plans, staff recommends that any deviations to existing standards be reserved for final Site Plan review.)
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map (FLUM) of the 2010 Comprehensive Plan designates this area as appropriate for Commercial/Retail/Office (CRO) uses. The proposed zoning change at this location is consistent with the 2010 Comprehensive Plan.
RECOMMENDATION:
The Development Review Committee recommends approval of the zone change and conceptual plans with the following conditions:
1. No outside display.
2. No changes to the architectural standards of the Appendix T, "SH-161 Overlay District," or Appendix F, "Corridor Overlay District Standards."
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY, AND USE OF A CERTAIN PROPERTY TO GRANT A ZONING CHANGE FROM COMMERCIAL (C) DISTRICT TO A PLANNED DEVELOPMENT FOR COMMERCIAL (C) DISTRICT USES ON 32.39 ACRES SITUATED IN THE ALLAN JENKINS SURVEY, ABSTRACT NO. 713, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, AND AS MORE FULLY DESCRIBED BELOW; 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 change the zoning designation of said property from Commercial (C) District to a Planned Development for Commercial (C) District uses; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on April 6, 2015 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 Commercial (C) District to a Planned Development for Commercial (C) District uses 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 zoning change from Commercial (C) District to a Planned Development for Commercial (C) District 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 April 21, 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 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 from its classification of from Commercial (C) District to a Planned Development for Commercial (C) District 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:
"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 from its classification of Commercial (C) District to a Planned Development for Commercial (C) District uses; and as described in Exhibit A - Legal Description and Exhibit B - Location Map, which are incorporated herein by reference.
SECTION 2. Purpose and Intent
The purpose of this Planned Development District is to provide the appropriate restrictions and development controls to permit commercial development of the subject property in a manner compatible with the surrounding development and zoning and in compliance with the City's Comprehensive Plan and the Unified Development Code.
.
SECTION 3. Permissible Uses
1. All principal uses of the subject property shall be limited to those uses listed under the Commercial (C) 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 Commercial (C) 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. The following principal uses shall be permitted as a use by right without the additional requirement to obtain a specific use permit as may be mandated by Section 3.2.b of this Ordinance, provided said use is within and accessory to a large-box retailer use located on the same property. Gas sales, as an accessory use to a large-box retailer, may be located on a separate property or outlot from the large box retailer, provided that said property or outlot is part of the same overall development.
a. Auto Tire Repair - NAICS* Code 811198
b. Auto Tire Sales & Installation - NAICS Code 441320
c. Quick Lube & Tune (Oil Change) - NAICS Code 811191
d. Large Retail (w/Gas Sales) - NAICS Code 447110
e. Drive Through / In Retail Sales - NAICS Code 722200
*(NAICS - North America Industry Classification System)
4. Accessory and temporary uses shall be permissible in accordance with Article 4 of the Unified Development Code, as may be amended.
5. Accessory outside display is neither allowed nor disallowed by this Ordinance. All outside display shall be reviewed and approved via the Site Plan approval process in accordance with Article 16 of the Unified Development Code.
SECTION 4. Dimensional and Development Standards
1. All development shall conform to the dimensional and development standards of the Commercial (C) District of the Unified Development Code, as may be amended.
2. The maximum building height is 35 feet.
3. Where there is a conflict between the Unified Development Code and this Ordinance, unless explicitly contained in this ordinance, the more restrictive will prevail.
4. Site Plan approval, in accordance with Article 16 of the Unified Development Code, shall be required for any application for a project.
SECTION 5. Conceptual Plan
Future development of the subject property shall be in substantial conformance with the approved conceptual plan as contained in Exhibit C- 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 21st DAY OF APRIL, 2015.
ORDINANCE NO. 9857-2015
CASE NO. Z150201/CP150201
PLANNED DEVELOPMENT NO. 351