From
Chris Hartmann
Title
Z160402 - Zoning Change - 1628 E. Main Street (City Council District 5). Change the zoning on 0.59 acres from Light Industrial (LI) District to General Retail (GR) District. The 0.59-acre property, located at 1611 Small Street, is zoned Light Industrial (LI) District and is within District 3 of the Central Business Overlay District. The applicant is Alex Daredia, Lucky Texan Stores and the owner is James Bouldin, Laticrete International Inc., and the surveyor is Luke Keeton, Keeton Surveying Co. (On June 6, 2016, 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 change the zoning on 0.59 acres from Light Industrial (LI) District to General Retail (GR) District. The 0.59-acre property, located at 1628 E. Main Street, is zoned Light Industrial (LI) District and is within District 3 of the Central Business Overlay District.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Use |
|
North |
GR and District 3 of the Central Business Overlay District (CBD-3) |
Single Family Residential |
|
South |
LI and CBD-3 |
Industrial Uses |
|
East |
GR and CBD-3 |
Commercial Uses |
|
West |
GR and CBD-3 |
Commercial Uses |
PURPOSE OF REQUEST:
The applicant is proposing to change the zoning on 0.59 acres in the LI District to GR District to allow Agriculture (A) District to permit general retail uses. The property is developed with an existing wholesale auto part business. Companion specific use permit and site plan requests have been submitted for a warehouse expansion for the wholesale auto part business.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map (FLUM) of the 2010 Comprehensive Plan shows this area as appropriate for Commercial/Retail/Office (CRO) uses. The 2010 Comprehensive Plan identifies General Retail as an appropriate use in this FLUM designation. This use is consistent with the FLUM.
ZONING REQUIREMENTS
The existing building complies with the GR dimensional requirements as outlined in the UDC. However, “Auto Parts (new) is a permissible use in the GR District subject to approval of a specific use permit (SUP) by the City Council.
Dimensional Requirements
The following table details the GR Disrict dimension requirements. Subsequent preliminary and final plats will be required to conform to these regulations.
|
Standard |
Required |
Provided |
Meets |
|
Minimum Lot Area |
5,000 sf. |
25,700 sf. |
Yes |
|
Minimum Width |
50 ft. |
108 ft. |
Yes |
|
Minimum Depth |
100 ft. |
219 ft. |
Yes |
|
Front Yard Setback |
25 ft. |
25 ft. |
Yes |
|
Rear Yard |
0 ft. but 20 ft. - adjacent to arterial |
Double Frontage Lot - no rear yard |
Yes |
|
Side Yard |
10 ft. min. |
4.24 ft. (Existing) |
No |
|
Maximum Height |
25 ft. |
25 ft. |
Yes |
|
Maximum Lot Coverage |
35% |
23% |
Yes |
|
Minimum Masonry Content |
100% |
Unknown |
No |
|
Landscape |
5% |
7% |
Yes |
This is an infill project. The existing business owner has operated the wholesale auto parts store at this location form many years. He has purchased the property west of his site with the intension of expanding his existing building and constructing additional warehouse space to allow his business to grow in place. This and the companion case resolve some inconsistencies that currently exist. The existing building is a spot of LI zoning with north, east, and west GR zoning. Rezoning the parcel to GR will resolve the “spot-zoning” issued. It is also worth noting that LI zoning allows for more intense uses than GR. Reducing the potential intensity of use on the subject site could bring uses more compatible with the residential uses to the north in the future. Finally, the FLUM designation is inconsistent with LI zoning. The area is planned for commercial, retail, office uses. Changing the zoning from LI to GR would resolve this inconsistency as well.
RECOMMENDATION
On May 26, 2016 , 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 a Floodplain Statement that includes the FEMA FIRM number, effective FEMA FIRM date, FEMA flood zone and county name.
M. 2. 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. 3. Revise site plan to provide 15-foot minimum width drainage easement and flume for conveyance of Lot 2 flows through property to Small Street. Structures are not allowed in drainage easements;
ENGINEERING/FLOODPLAIN: Stephanie Griffin/Chris Agnew/Brent O’Neal (972) 237-8141
M. 1. Add a Floodplain Statement that includes the FEMA FIRM number, effective FEMA FIRM date, FEMA flood zone and county name.
M. 2. 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. 3. Revise site plan to provide 15-foot minimum width drainage easement and flume for conveyance of Lot 2 flows through property to Small Street. Structures are not allowed in drainage easements;
Note to applicant: Some comments below may not pertain to your development. Contact the Development Coordinator for clarification.
Approval of a project by the Planning and Zoning board, and/or City Council, does not release the Building Inspections Permit or Public Works Permit for construction.
It is the developer’s responsibility to confirm with the Planning Department if the property is to be (re-platted, preliminary, and/or final) platted.
It is the developer’s responsibility to submit all required escrow funds for third party drainage review for public improvements prior to construction plan submittal.
It is the developer’s responsibility to confirm the submittal of plans for review to the Engineering Division.
It is the developer’s responsibility to submit all required escrow funds for third party geotechnical and material testing for public improvements that are to be dedicated to the City prior to release of the construction permit.
It is the developer’s responsibility to submit all required information to establish a pro-rata for water or wastewater prior to release of the construction permit.
Final engineering plans released for construction are required prior to the recording of the final plat.
It is the developer’s responsibility to submit any required escrow funds for streets or sidewalks.
A preliminary drainage plan that meets City Code may be required. The plan shall address possible need for detention and provide preliminary storm drain layout and sizing for all lots.
Contractor/Owner shall not alter, impede, or redirect the surface flow of storm water runoff per State requirements and shall control erosion on the site per federal, state, and local requirements.
Grading, drainage, and erosion control plans, released for construction are required prior to filing the final plat. Such plans shall include complete plans and profiles of all storm drainage facilities with hydrologic and hydraulic information. Proposed storm drain hydraulics shall tie to existing downstream storm drain hydraulics. Where applicable, drainage from the site shall discharge into a drainage easement and shall convey flow to a stream without causing erosion or flooding. The 100-year overflow shall be conveyed in a drainage easement.
Delineate the fully developed floodplain on plats and drainage plans with flood elevations and minimum finished floor elevations for structures. Floodplains and/or maximum water surface elevation for bodies of water shall be dedicated as drainage right-of-way (ROW) or in a drainage easement upon the plat. Drainage ROW shall be dedicated fee simple to the City of Grand Prairie. Also provide cross sections showing that limits of drainage easement have a maximum 4:1 slope from the streambed. Proposed slopes greater than 4:1 must be supported by an engineered design and will be reviewed on a case-by-case basis by the Engineering Department. Any work within floodplain will require Floodplain Development Permit and, if applicable, FEMA approval.
Delineate any erosion hazard setback upon the plat.
Any future improvements may require investigation of the adequacy of the downstream drainage system to convey increased flows. Construction plans for downstream improvements shall be required if the downstream system is not adequate to convey the increased flows. Proposed flows shall be within drainage easements or ROW’s with no erosive velocities. This may require detention or additional detention or other improvements.
Add a note to preliminary plats:
The subject property is (or, is not) located within the 100 year floodplain per FIRM Panel # _________________, dated _____________________.
Where applicable and prior to construction, submit certification by a professional that site does not have wetlands and other waters of the United States, an investigation showing that site development will not impact wetlands and other waters of the United States, or a permit for proposed activities in wetlands and other waters of the United States. Wetlands and other waters of the United States are as defined in Section 404 of the Clean Water Act. All delineation’s shall certify that they were conducted per U.S. Army Corps of Engineers’ requirements. An agreement stipulating that the owner is responsible for maintenance of any wetland mitigation areas is required prior to construction.
Specify on plat that streams are to remain natural and maintenance of ponds and streams are solely the responsibility of the property owner or Home Owners Association (HOA).
Off-site detention ponds and appurtenances shall be within a drainage easement. A maintenance agreement shall be filed as separate instrument. The property owner or HOA shall be responsible for maintenance.
Owners or contractors must file a Notice of Intent (NOI) with the United States Environmental Protection Agency (USEPA) for storm water (general) management permits before beginning site work on any tract which involves five (5) acres or more, or on any lot which is a portion of a tract which involves five (5) acres or more. Contractors must have submitted a NOI to the USEPA, with copies to the City's Environmental Services Department, at least two (2) days in advance of the start of the project. Contact the stormwater management office of the USEPA at (214) 665-7175 and the City of Grand Prairie Environmental Services Department at (972) 237-8055.
A plan which has been prepared and sealed by a licensed engineer showing storm water quality best management practices (BMPs) for construction activities must be submitted with building permit applications. BMPs must comply with North Central Texas COG BMP manual, Storm Water Quality Best Management Practices for Construction Activities. Contact the City of Grand Prairie Environmental Services Department at (972) 237-8055.
Provide statement on the plat for perpetual maintenance agreement for any existing ponds.
Specify minimum finished floor elevations on the preliminary plat for lots adjacent to the floodway.
Every source or potential source of contamination which is connected to (or has the capacity to cause a threat to) any public water supply within the City that is present in any commercial establishment must be equipped with protection that is required under the provisions of City Code Chapter 13 Article X. Any devices required must be shown on all plans submitted for review by the City. Contact the City of Grand Prairie Environmental Services Department at (972) 237-8055 to schedule inspections of any new or relocated cross-connection control devices.
The Environmental Services Department will require that a sample point be installed on the sanitary sewer line for commercial developments. The location and a drawing of the sample point must be shown on the plans submitted for review with your application for a building permit. Structure and location should meet the requirements of the department. Contact the City of Grand Prairie Environmental Services Department at (972) 237-8055. [City code 26-53]
The Environmental Services Department must review all manufacturing or industrial operations before construction is begun. [City code 26-51]
Impact fees for water and wastewater are set by ordinance and cannot be waived by staff. Pro-rata charges, impact fees, tap fees, and meter fees will be due prior to issuance of building permit.
All required escrow funds for public improvements shall be submitted by the developer. Most escrow funds are required to be in place prior to construction plan submittal.
Provide lighting plans for lights being installed within residential subdivisions and lights installed along the right-of-way of perimeter streets.
Plans for retaining walls (over 4’ tall) and screening walls shall be site specific, prepared by an engineer licensed in the State of Texas, and submitted with construction plans.
The design engineer shall obtain approval from the Trinity River Authority for sewer connection to TRA lines and for any utilities crossing TRA lines.
The design engineer shall obtain approval from the Corp of Engineers for utilities that cross or run through Corp property.
Extension of water and sewer facilities that are needed to serve the development will be at the developer/owners expense.
The owner/developer shall make request for City participation in construction or funding of public infrastructure prior to the approval of final plat.
Provide water and sewer plans for new lots and a lot grading plan that meets current standards of the UDC.
All utility easements along street rights-of-way to be shown as 15’ wide utility easements and show 7.5 foot utility easements along the rear of all lots. Side and rear lot easements may be modified or omitted upon request and if accepted by the Planning and Development Division. The design engineer and developer shall coordinate the proposed easements with franchise utilities and the City prior the submitting the final plat.
Offsite easements are required to be dedicated by separate instrument. The design engineer and developer shall coordinate the recordation of offsite easements with the City Right-of-way Agent. Documents for offsite easements shall be submitted with the civil design package to the Engineering Division and shall be deemed ready for recordation by the City Right-of-way Agent prior the filing the final plat and/or release of the plans for construction.
No signs or roof overhang are permitted to encroach in any easement per the UDC.
Lots with screening walls shall have a 5’ wall easement adjacent to the property line and an adjacent 10’ minimum utility easement. To avoid conflicts, these easements shall not overlap.
Dedication of right-of-way along street frontage shall be per the City of Grand Prairie Thoroughfare Plan. Dedication of corner clips at all street intersections shall be per the Transportation Division.
The design engineer shall be responsible for coordination and obtain all permits for access to, and construction within TxDOT right-of-way.
TRANSPORTATION SERVICES: Daon Stephens, (972) 237-8319
M. 1. Because of the limited internal circulation between the existing and proposed locations, transportation is opposed to changing the zoning to allow for trucks that will be using Small Street when there are residential drives on the north side of Small Street.
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 TO GRANT A ZONING CHANGE FROM LIGHT INDUSTRIAL (LI) DISTRICT TO GENERAL RETAIL (GR) DISTRICT ON 0.59 ACRES OF LAND OUT OF THE JOHN W. KIRK SURVEY, ABSTRACT NO. 726, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, LEGALLY DESCRIBED AS LOT 1, BLOCK 1, OF THE D.W. KLEIN ADDITION, ADDRESSED AS 1628 E. MAIN STREET, GRAND PRAIRIE, TEXAS; 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 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 Light Industrial (LI) District to General Retail (GR) District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on June 6, 2016, 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 9 to 0 to recommend to the City Council of Grand Prairie, Texas, that the hereinafter described property be rezoned from its classification of Light Industrial (LI) District to General Retail (GR) 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 June 21, 2016, 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 Light Industrial (LI) 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 Light Industrial (LI) District to General Retail (GR) District as depicted in Exhibit A - Location Map and legally described as Lot 1, Block 1 of the D.W. Klein Addition.
SECTION 2.
Purpose and Intent
The purpose and intent of this zoning ordinance is to create a development framework that encourages and supports standards of the General Retail (GR) 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 (GR) District column as contained within the Use Charts of Section 14, Article 4 of the Unified Development Code, “Use Charts”, as may be amended.
2. No principal use shall be permitted unless a symbol appears below the General Retail (GR) 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 permitted.
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 (GR) District of the Unified Development Code, as may be amended.
SECTION 6.
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 7.
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 the 21st day of June, 2016.
Ordinance No. 10082-2016
Zoning Case No. Z160402