From
Chris Hartmann
Title
Z161101 - Zoning Change - General Retail at SEC of Belt Line and Marshall (City Council District 2). Rezone 4.98 acres from Single Family-Two (SF-2) District to a Planned Development District for General Retail uses. The subject property is generally located at the SEC of Marshall Drive and Belt Line Road and addressed as 2010 and 2038 S. Belt Line Road. The applicant is John Flippo, Max Alley Real Estate Services, LLC and the owners are Benny Emmons and Jimmy Emmons, Emmons & Emmons LP. . (On November 7, 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 rezone 4.98 acres from Single Family-Two (SF-2) District to a Planned Development District for General Retail uses. The subject property is generally located at the SEC of Marshall Drive and Belt Line Road and addressed as 2010 and 2038 S. Belt Line Road.
ADJACENT LAND USES:
North - Property north of Marshall Drive is zoned General Retail (GR) District and undeveloped.
South - Property to the south is zoned Single Family-Two (SF-2) District with non-conforming commercial uses.
East - A single family residence is located to the east; this property is zoned Single Family-Two (SF-2) District.
West - Properties to the west are zoned General Retail (GR) District and Multi-Family One (MF-1) District. A pet salon is located on the property zoned General Retail (GR) District; two houses are located on the properties zoned Multi-Family One (MF-1) District.
PURPOSE OF REQUEST:
The applicant is proposing to rezone 4.98 acres from Single Family-Two (SF-2) District to a Planned Development District for General Retail uses and development standards allowing for the construction of a Family Dollar on 1.52 acre portion of the property. The Site Plan for Family Dollar is under concurrent review (Case File S161102).
CONFORMANCE WITH COMPREHENSIVE PLAN:
The 2010 Comprehensive Plan’s Future Land Use Map (FLUM) designates this area as Commercial/Retail/Office (C/R). Commercial/Retail/Office development includes office, service and retail uses. The proposed use is consistent with the 2010 Comprehensive Plan.
ZONING REQUIREMENTS:
The base zoning for the proposed Planned Development District is General Retail (GR) District. Unless otherwise noted, all zoning requirements will defer to the Unified Development Code (UDC) as amended.
RECOMMENDATION:
The Development Review Committee recommends approval of the request.
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 SINGLE FAMILY-TWO (SF-2) DISTRICT TO A PLANNED DEVELOPMENT FOR GENERAL RETAIL (GR) DISTRICT USES ON 4.98 ACRES SITUATED ON BLOCK A, LOTS 14, 15.1 AND PART OF LOT 12, LAKELAND HEIGHTS ADDITION, 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 Single Family-Two (SF-2) District to a Planned Development for General Retail (GR) District uses; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on November 7, 2016 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 Single Family-Two (SF-2) District to a Planned Development for General Retail (GR) 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 Single Family-Two (SF-2) District to a Planned Development for General Retail (GR) 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 November 15, 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, 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 Single Family-Two (SF-2) District to a Planned Development for General Retail (GR) 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 from Single Family-Two (SF-2) District to a Planned Development for General Retail (GR) District uses and as described in Exhibit A - Location Map and Exhibit B - Legally Description, which are incorporated herein.
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 General Retail (GR) 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 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 allowed.
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
1. 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.
2. Where there is a conflict between the Unified Development Code and this Ordinance, unless explicitly contained in this ordinance, the more restrictive will prevail.
3. 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- Concept 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 15th DAY OF NOVEMBER, 2016
ORDINANCE NO. 10190-2016
PLANNED DEVELOPMENT NO. 358
CASE NO. Z161101