From
Chris Hartmann
Title
Z150202 - Zoning Change - 2505 S Great Southwest Pkwy (City Council District 4). Approval of a Zone Change from Planned Development 286 (PD-286) District for multi-family uses and Light Industrial (LI) District to a Planned Development District for all uses permitted by right and permitted by specific use permit within the General Retail (GR), General Retail-One (GR-1), Commercial (C), Commercial-One (C-1), Central Area (CA), Heavy Commercial (HC), and Light Industrial (LI) Districts, but excluded all check cashing, bail bond, piercing salon, and tattoo parlor uses The subject properties (Lot 3, 5, 7, and 4-R, Block 1 of the Greenpoint Center Phase II Addition) are located at the southeast corner of S. Great Southwest Parkway and W. Pioneer Parkway. The owner/applicant is James Hosler. (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
Approval
Analysis
SUMMARY:
Consider a request for approval of a Zone Change from Planned Development 286 (PD-286) District for multi-family uses and Light Industrial (LI) District to a Planned Development District for all uses permitted by right and permitted by specific use permit within the General Retail (GR), General Retail-One (GR-1), Commercial (C), Commercial-One (C-1), Central Area (CA), Heavy Commercial (HC), and Light Industrial (LI) Districts, but excluded all check cashing, bail bond, piercing salon, and tattoo parlor uses. The subject properties (Lot 3, 5, 7, and 4-R, Block 1 of the Greenpoint Center Phase II Addition) are located at the southeast corner of S. Great Southwest Parkway and W. Pioneer Parkway.
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 Light Industrial (LI) District and are primarily developed with Retail Sales and Services Uses.
South - The surrounding zoning to the south includes Light Industrial (LI) District, Single-Family SF-2 District, and PD-82 (for single-family residential uses). The uses included Auto-Motive Services, Self-Storage Facility, and Single-Family Detached Housing.
East - The zoning to the east is PD-103 (for commercial uses but allowing for multi-family uses). The property is build out with an apartment complex.
West - To the west is S. Great Southwest Parkway which is a principal arterial, six-lane divided (P6D) thoroughfare on the City's Master Transportation Plan. The surrounding properties are zoned Light Industrial (LI) District and are developed with Retail Sales and Services Uses, within the Asia Times Square development.
PURPOSE OF REQUEST:
The applicant originally sought approval of a zone change from a Planned Development 286 (PD-286) District for multi-family uses and Light Industrial (LI) District to a Planned Development District for all uses permitted by right and permitted by specific use permit within the General Retail (GR), General Retail-One (GR-1), Commercial (C), Commercial-One (C-1), Central Area (CA), Heavy Commercial (HC), and Light Industrial (LI) Districts, but excluded all check cashing, bail bond, piercing salon, and tattoo parlor uses. However, following discussions with staff specifically regarding the wide range of uses allowed under this proposal that would likely be incompatible with the surrounding existing uses the applicant modified his request to amend Planned Development 286 (PD-286), as it applies to four (4) abutting tracts of land totaling approximately 11.58-acres legally known as Lots 3, 5, 7, and 4-R, Block 1 of the Greenpoint Center Phase II Addition from and Planned Development for multi-family uses and Light Industrial (LI) District to a Planned Development applying all straight Commercial (C) District standards and uses, except Check Cashing, Pay Check and Car Title Loan. The tracts are located at the southeast corner of S. Great Southwest Parkway and W. Pioneer Parkway.
Zoning History:
The subject properties are currently split zoned. Lot 3, Lot 4-R, and Lot 5, all of Block 1 of the Greenpoint Center Phase II Addition, are zoned Planned Development 286 (PD-286) District for multi-family uses as detailed in Ordinance No. 6812 adopted on March 11, 2003. Lot 7, Block 1 of the Greenpoint Center Phase II Addition is zoned Light Industrial (LI) District.
DEVELOPMENT STANDARDS:
All future development shall adhere to all use limitations and development standards of the Commercial (C) District of the Unified Development Code, as may be amended.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map (FLUM) of the 2010 Comprehensive Plan designates this area as appropriate for Light Industrial uses. Annually, the City of Grand Prairie amends the FLUM to resolve conflicts between the zoning and the FLUM designation. The existing zoning and the proposed zoning change, at this location, are inconsistent with the 2010 Comprehensive Plan. Staff supports changing the FLUM to Commercial/Retail/Office.
RECOMMENDATION:
The Development Review Committee recommends approval of the proposed zone change amendment from Planned Development 286 (PD-286) for multi-family uses and Light Industrial (LI) District to a planned development for Commercial (C) District uses, except Check Cashing, Pay Check and Car Title Loans.
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 PLANNED DEVELOPMENT 286 (PD-286) FOR MULTI-FAMILY USES AND FROM LIGHT INDUSTRIAL (LI) DISTRICT TO PLANNED DEVELOPMENT FOR COMMERCIAL (C) DISTRICT USES ON 11.5709 ACRES SITUATED IN THE W. THOMPSON SURVEY, ABSTRACT NO. 1558, CITY OF GRAND PRAIRIE, TARRANT 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 Planned Development 286 (PD-286) for Multi-Family Uses and from Light Industrial (LI) 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 Planned Development 286 (PD-286) for Multi-Family uses and from Light Industrial (LI) 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 Planned Development 286 (PD-286) for Multi-Family Uses and from Light Industrial (LI) 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 Planned Development 286 (PD-286) for Multi-Family Uses and from Light Industrial (LI) 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 PLANÂ…"
being passed and approved November 20, 1990, as amended, is hereby further amended so as to change the zoning district from its classification of Planned Development 286 (PD-286) for Multi-Family Uses and of Light Industrial (LI) 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. Accessory and temporary uses shall be permissible in accordance with Article 4 of the Unified Development Code, as may be amended.
SECTION 4. Prohibited Uses - The following principal uses are prohibited:
1. Check Cashing, Pay Check and Car Title Loans - NAICS* Code 522390
2. Pawn Shop - NAICS Code 522298
3. Tattoo Parlor - NAICS Code 812199
4. Piercing Salon - NAICS Code 812199
*(NAICS - North America Industry Classification System)
SECTION 5. 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. 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 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. 9856-2015
CASE NO. Z150202
PLANNED DEVELOPMENT NO. 350