From
Chris Hartmann
Title
Z141201 - Zoning Change - 130 and 138 Lakeview Drive (City Council District 5). A request to rezone property from Planned Development (PD-332) District for Neighborhood Service (NS) District uses with a Mini-Warehouse Use, and a Specific Use Permit (SUP) for a Mini-Warehouse Facility to a Planned Development allowing Neighborhood Service (NS) District uses, contractor shop uses with no outside storage, and other specified service uses. The 0.87-acre property, located at 130 and 138 Lakeview Drive. The agent is Chuck Precopia and the owner is Phil Boriack, Boriack Interiors, Inc. (On December 1, 2014, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0.)
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
SUMMARY:
Consider a request to rezone property from Planned Development (PD-332) District for Neighborhood Service (NS) District uses with a Mini-Warehouse Use, and a Specific Use Permit (SUP) for a Mini-Warehouse Facility to a Planned Development District to allow for Neighborhood Service (NS) District uses, contractor shop uses with no outside storage, and other specified service uses. The 0.87-acre property, located at 130 and 138 Lakeview Drive.
BACKGROUND
April 19, 2011: City Council approved Ordinance No. 9198 (PD-332), rezoning the subject area from Neighborhood Services (NS) District to a Planned Development District allowing Neighborhood Services (NS) uses with a Mini-Warehouse use and a Specific Use Permit (SUP) for a Mini-Warehouse Facility.
April 20, 2012: The approved SUP for a Mini-warehouse use expired due to a Certificate of Occupancy was never approved, as required by Ordinance 9198 (PD-332).
October 14, 2014: Staff processed an application for a request for a Zoning Change from PD-332 to a Planned Development for Neighborhood Services (NS) uses, Contractor Shop uses with no outside storage, and other specified service uses.
November 13, 2014: The 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.
December 1, 2014: This item is scheduled to be heard by the Planning and Zoning Commission.
December 9, 2014: This item is scheduled to be heard by the City Council.
ADJACENT LAND USES AND ACCESS:
Direction |
Zoning |
Existing Use |
North |
Single-Family-Two (SF-2) District |
Kennedy Middle School |
South |
PD-93 |
Offices |
East |
Neighborhood Services |
Storm Lawn & Garden |
West |
Neighborhood Services |
Single Family Home |
PURPOSE OF REQUEST:
The applicant is requesting to allow all currently allowed Neighborhood Services (NS) District uses and to allow additional uses on these properties. The applicant is not requesting any outside storage uses. The table below lists the additional requested uses, the North American Industry Classification System (N.A.I.C.S.) Codes, the districts that currently allow the requested uses, and staff's recommendation:
NAICS |
Proposed Use |
Permitted Districts |
Staff Recommendation |
451130 |
Drapery & Upholstery Shop |
GR, C, LI, HC, HI |
Approve |
452990 |
Variety Store |
GR, C, LI, HC, HI |
Approve |
423210 |
Antique Sales & Repair |
GR, C, LI, HC, HI |
Approve |
812112 |
Grooming & Hygiene |
GR, C, LI, HC, HI |
Approve |
453910 |
Pet Shop and Supplies |
GR, C, LI, HC, HI |
Approve |
423620 |
Appliance Sales & Repair |
GR, C, LI, HC, HI |
Approve |
443142 |
Computer Sales & Repair |
GR, C, LI, HC, HI |
Approve |
423440 |
Vending Machine Sales & Repair |
GR, C, LI, HC, HI |
Approve |
451110 |
Bicycle Sales & Repair |
GR, C, LI, HC, HI |
Approve |
444130 |
Tools Sales, Rental & Repair |
C, LI, HC, HI |
Approve |
323111 |
Printer (Job) Office, Sales & |
C, LI, HC, HI |
Approve |
|
Production |
|
|
513200 |
TV Station (No Tower) |
O, GR, C, LI, HC, HI |
Approve |
513112 |
Radio Station (No Tower) |
SUP: O, GR, C |
Approve |
|
|
By Right: LI, HC, HI |
|
493220 |
Mini Warehouse/Storage |
SUP: GR, C, LI |
By SUP only |
|
|
By Right: HI |
|
812320 |
Self-Service Laundry |
NS, GR, C, LI, HC, HI |
By SUP only |
|
|
By SUP only |
No Change |
493110 |
Warehouse |
C, LI, HC, HI |
Not in Support |
236220 |
Contractor Office, Sales with |
C, LI, HC, HI |
Not in Support |
|
Indoor Storage: |
|
|
|
Plumber Contractor |
|
|
|
Electrical Contractor |
|
|
|
Multimedia Contractor |
|
|
441310 |
Auto Parts & Accessories Sales |
By Right: LI, HC, HI |
Not in Support |
|
|
SUP: C |
|
444210 |
Lawnmower Sales and Repair |
GR, C, LI, HC, HI |
Not in Support |
Analysis
The Zone Change request applies to properties located at 130 and 138 Lakeview Dr. 130 Lakeview Dr. is about 0.22 acres of undeveloped property. 138 Lakeview Dr. is about 0.66 of developed land with 2 buildings; the western building measures about 8,500sqft and the eastern building measures about 4500sqft.
Kennedy Middle School lies to the north of the subject area. This school enrolls about 700 students and employees about 50 teachers. To the west there is a 1,500sqft single family home. Storm Lawn & Garden stands to the east of the subject area and is also located within a Neighborhood Services District and Planned Development District 256 (PD-256) allowing for General Retail uses and Outside Storage and Displays. The outside storage and display areas are limited to about 9,500sqft of this district.
Within the 300ft property owner notification area there are also 2 churches; to the east at the corner of Acosta St. and Lakeview Dr., and to the west at the corner of SE 4th St. and Lakeview Dr. There is a second single family home within the property owner notification area to the west, just north of the church.
Staff supports the uses in the above table marked "Approve". For those uses marked "Not in Support," staff contends these uses are incompatible for property adjacent or near schools, churches, residential homes or residentially zoned areas and are more suited for Commercial, Heavy Commercial, and Industrial districts. Ordinance 9198 (PD-332) included approval of an SUP for a mini-warehouse use. Per the conditions of the approved ordinance, the time given to receive a Certificate of Occupancy for a min-warehouse use has expired and; therefore, has become null and void.
Dimensional Requirements
Dimensional Requirements will remain the same, adhering to the Neighborhood Services District standards, as may be amended from time to time.
Future Land Use Map
The Future Land Use Map (FLUM) of the 2010 Comprehensive Plan shows this area as appropriate for Commercial/Retail/Office uses. This request is consistent with the FLUM.
RECOMMENDATION:
The Development Review Committee recommends approval of the requested zone change subject to following conditions:
1. Contractor Office, Warehouse, Auto Parts, and Lawnmower Sales uses shall not be permitted.
2. "Self-Service Laundry" shall continue to require City Council approval of a Specific Use Permit.
3. A Mini-warehouse use shall be allowed with City Council approval of a Specific Use Permit.
4. Outside storage shall not be permitted.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
Approval of case Z141201 with staff's recommendations and allow a Warehouse, Contactor Office, Sales with Indoor Storage, Plumber, Electrical, and Multimedia Contractors, Auto Parts and Accessories Sales, and Lawnmower Sales and Repair by Specific Use Permit, and the Self-Service Laundry shall continue to require a Specific Use Permit, but not be allowed to operate 24 hour a day
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 GRANTING A ZONING CHANGE FROM PLANNED DEVELOPMENT DISTRICT NO. 322 (PD-322) FOR NEIGHBORHOOD SERVICES (NS) USES WITH A MINI-WAREHOUSE USE, AND A SPECIFIC USE PERMIT (SUP) FOR A MINI-WAREHOUSE FACILITY TO A PLANNED DEVELOPMENT DISTRICT FOR NEIGHBORHOOD SERVICES (NS) USES WITH CONTRACTOR SHOP USES WITH NO OUTSIDE STORAGE AND OTHER SPECIFIED SERVICE USES ON 0.875 ACRES, ADDRESSED AS 130 AND 138 LAKEVIEW DRIVE AND LOCATED WITHIN A PORTION OF THE ROBERT. R. TUCKER SURVEY ABSTRACT NO. 1473, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, AND AS MORE FULLY DESCRIBED BELOW; SAID ZONING MAP AND ORDINANCE BEING NUMBERED ORDINANCE 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 Planned Development District No. 322 (PD-322) for Neighborhood Services (NS) uses with a Mini-Warehouse Use, and a Specific Use Permit (SUP) for a Mini-Warehouse Facility to a Planned Development District for Neighborhood Services (NS) uses with Contractor Shop uses with no outside storage and other specified service uses; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on December 1, 2014 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 8 to 0 to recommend to the City Council of Grand Prairie, Texas, that the hereinafter described property be rezoned from its classification of Planned Development District No. 322 (PD-322) for Neighborhood Services (NS) uses with a Mini-Warehouse Use, and a Specific Use Permit (SUP) for a Mini-Warehouse Facility to a Planned Development District for Neighborhood Services (NS) uses with Contractor Shop uses with no outside storage, and other specified service 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 December 9, 2014 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 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 Planned Development District No. 322 (PD-322) for Neighborhood Services (NS) uses with a Mini-Warehouse Use, and a Specific Use Permit (SUP) for a Mini-Warehouse Facility and, by reason of changed conditions, does consider and find that this amendatory Ordinance should be established 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 I. Legal Description
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 the following described area from its classification of Planned Development District No. 322 (PD-322) for Neighborhood Services (NS) uses with a Mini-Warehouse Use, and a Specific Use Permit (SUP) for a Mini-Warehouse Facility to a Planned Development District for Neighborhood Services (NS) uses with Contractor Shop uses with no outside storage, and other specified service uses and herein described as LOTS 3R AND THE EAST 62.5 FEET OF LOT 2, BLOCK H, GRAND PRAIRIE PRIZE ACRES ADDITION, the property being situated at 130 and 138 Lakeview Drive, Grand Prairie, Dallas County, Texas.
SECTION II. Purpose and Intent
The intent of this zoning ordinance is to create a development framework that encourages and supports standards for a Planned Development District for Neighborhood Services (NS) uses with Contractor Shop uses with no outside storage and other specified service uses.
SECTION III. Permissible Uses
Permissible uses shall be only those land uses allowed by Ordinance 4779, as amended, for the Neighborhood Services (NS) District, and all uses listed in the following table:
Permitted Uses |
Drapery & Upholstery Shop |
Variety Store |
Antique Sales & Repair1 |
Grooming & Hygiene |
Pet Shop and Supplies |
Appliance Sales & Repair1 |
Computer Sales & Repair1 |
Vending Machine Sales & Repair1 |
Bicycle Sales & Repair1 |
Tools Sales/Rental & Repair1 |
Printer (Job) Office, Sales & Production |
TV Station (No Tower) |
Radio Station (No Tower) |
Contractor Shop2 with No Outside Storage |
Auto Parts and Auto Accessory Sales |
Lawn Mower Sales & Repair1 |
Self-Service Laundry (hours of operation: 7am-10pm) |
Self-Service Laundry (24hrs) - SUP3 required |
Mini-Warehouse - SUP3 required |
Warehouse - SUP3 required |
1 - Repair use shall be ancillary to its associated sales/rental use
2 - Any overnight vehicle parking must be screened from the public right-of-way
3 - Specific Use Permit (SUP) must be approved by City Council
SECTION IV. Prohibited Uses
The following uses shall be prohibited:
1. Outside storage;
2. Outside repair;
3. Any primary repair use associated with the permitted uses contained in Section III of this ordinance. Repair uses permitted in Section III of this ordinance shall be ancillary to its associated sales/rental use;
4. Any use not expressly permitted by Section III of this ordinance.
SECTION V. Specific Use Permits
All persons requesting the following uses shall be required to obtain a Specific Use Permit:
1. Self-Service Laundry (24hrs);
2. Mini-Warehouse;
3. Warehouse.
SECTION VI. Performance Standards for Contractor Shops
All overnight vehicle parking shall be screened from view from the public right-of-way. Vehicle screening requirements for this planned development shall meet the outside storage screening requirements as established and amended in the Unified Development Code (UDC).
SECTION VII. Base Zoning
Any zoning, land use requirements, and restrictions not contained in this Planned Development Ordinance shall conform to those requirements for the Neighborhood Services (NS) District, as established and amended in the Unified Development Code (UDC). Where there is a conflict between the UDC and this ordinance, unless explicitly contained in this ordinance, the more restrictive will prevail.
SECTION VIII.
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION IX.
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 ON THIS 9TH DAY OF DECEMBER, 2014.
Ordinance No. 9804-2014
Case No. Z141201
Planned Development No. 349