From
Chris Hartmann
Title
Z151002 - Zoning Change - Southgate (City Council District 4). To rezone 64.30 acres from Agriculture (A) District, Planned Development-185 (PD-185) and Planned Development-308 (PD-308) Districts to a Planned Development District for multi-family and commercial uses. The 64.30-acre property, zoned Agriculture (A) District, Planned Development-185 (PD-185) and Planned Development-308 (PD-308) Districts, is generally located south of Ragland Road between State Highway 360 (SH 360) and Day Miar Road, is within the State Highway 360 (SH 360) Corridor Overlay District. The agent is Rob Parsons, Gateway Planning and the owner is Charlie Anderson, TA Land Fund LP. (On October 5, 2015, the Planning and Zoning Commission recommended approval of this request by a vote of 6-3).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
SUMMARY:
Consider a request to rezone 64.30 acres from Agriculture (A) District, Planned Development-185 (PD-185) and Planned Development-308 (PD-308) Districts to a Planned Development District for multi-family and commercial uses. The 64.30-acre property, zoned Agriculture (A) District, Planned Development-185 (PD-185) and Planned Development-308 (PD-308) Districts, is generally located south of Ragland Road between State Highway 360 (SH 360) and Day Miar Road, is within the State Highway 360 (SH 360) Corridor Overlay District.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Use |
|
North |
PD-319 |
Undeveloped and Gas Well |
|
South |
Agriculture (A) District |
Undeveloped |
|
East |
PD-308 and Agriculture District |
Undeveloped |
|
West |
A District and SH 360 |
Water Tower and Highway |
PURPOSE OF REQUEST:
The applicant is proposing to change the zoning on an assemblage of 64.30 undeveloped acres in PD-185 to allow multi-family, commercial, and retail uses. The subject site is currently zoned A District and PD-185 for commercial uses.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The property is designated as Mixed Use (MU) on the Future Land Use Map (FLUM). The FLUM identifies development in this category should include residential, personal service and some limited office uses in a pedestrian oriented development. The proposal would allow a multi-family residential, commercial, and retail uses. The proposed zoning change is consistent with the FLUM.
ZONING REQUIREMENTS
The existing base zoning is Commercial-One (C-1) district. The proposed base zoning will remain C-1; however, a portion of the property will be zoned Multi-family-Three (MF-3) district. All zoning will defer to the Unified Development Code (UDC) as amended except where expressly called out in the PD ordinance.
Dimensional Requirements
The property is split-zoned. A portion of the property is zoned A District and the balance is zoned PD-185 with base zoning of C-1 District. The proposal would expand the boundary of PD-185 district and allow for MF-3 uses, in addition to the existing C-1 uses. The C-1 district provisions, as called out in the PD-185 ordinance will not change. The MF-3 dimension requirements will be the regulations in the adopted UDC, as amended, except where expressly called out in the PD. The applicant is requesting deviations to the MF-3 requirements in the UDC. The table below provides a comparison of the adopted MF-3 standards and the proposed MF-3 standards with the requested deviations.
|
Standard |
Required |
Proposed by PD |
Meets |
|
Maximum Density1 |
24 du/ac |
35 du/ac |
No |
|
Minimum Living Area (s.f.) |
690 |
690 |
Yes |
|
Area (s.f.) |
12,000 |
12,000 |
Yes |
|
Width (ft.) |
100 |
100 |
Yes |
|
Depth (ft.) |
120 |
120 |
Yes |
|
Front Setback (ft.) |
100 |
10 |
No |
|
Side Setback (ft.) |
75 |
20 |
No |
|
Side Setback (ft.) Interior |
75 |
20 |
No |
|
Side Setback (ft.) on Street |
75 |
10 |
No |
|
Side Setback (ft.) on Arterial |
100 |
10 |
No |
|
Rear Setback (ft.) |
75 |
10 |
No |
|
Maximum Height (ft.) |
35/3 stories |
55/4 stories |
No |
|
Maximum Lot Coverage |
90%/25% |
80%/20% |
No |
|
Minimum Roof Pitch |
6:12 &10:12 |
6:12 & 10:12 |
Yes |
1. Density if calculated based on net acreage. This will not change with the proposed PD amendment.
Parking
Article 10 of the UDC requires no less than 30% of the minimum required parking to be attached parking garages. The applicant is requesting relief from this requirement to allow no less than 15% of the minimum required parking to be attached parking garages. Additionally, Article 10 requires a minimum of 20% of all required garage parking for the total complex to have parking garages directly accessible to the living area of an apartment unit and the garage shall be assigned to the same unit; this provision is not met by the proposed PD amendment. All other adopted UDC provisions, as amended, will be met.
Phased Development
The applicant is proposing to phase the development of the 64 acres. Infrastructure and access will be provided concurrent with development as proposed and presented by the applicant. Working documents that indicate adequate infrastructure and access have been reviewed by staff. The working documents will be used as guiding documents for the concurrent provision of infrastructure and access.
REQUESTED APPEALS BY APPLICANT:
The applicant is proposing 10 appeals to the UDC:
Ø Density - The maximum net density permitted for the MF-3 district is 24 dwelling units per acre. The applicant is proposing 35 dwelling units per acre. Staff does not object to this appeal.
Ø Front Setbacks - The applicant is requesting approval to reduce the front yard setback from 100 feet to 10 feet. Staff’s position is that this appeal should be considered at the site plan stage when detailed elevations and site designs are available. Staff does not have enough information to make a recommendation regarding front yard setback reductions at this time.
Ø Side Setbacks - The applicant is requesting approval to reduce the side yard setbacks from 75 - 110 feet (depending on the height of the building) to 20 feet; reduce the side yard setback adjacent to streets from 75 - 110 feet (depending on the height of the building) to 10 feet; and to reduce the side yard setback adjacent to an arterial from 100 feet to 10 feet. Staff is of the opinion that this appeal should be considered a the site plan stage when an engineered site plan, complete with building layouts, roads, and detention (if required), is available. Staff does not have adequate information to make a recommendation regarding side yard setback reductions at this time.
Ø Rear Setbacks - The applicant is requesting approval to reduce the rear yard setback from 75 - 110 feet (depending on the height of the building) to 10 feet. Staff is of the opinion that this appeal should be considered at site plan when elevations and an engineered site plan are available. There is insufficient information available for Staff to make a recommendation regarding rear yard setback reductions at this time.
Ø Masonry Composition - The UDC requires 90% primary masonry on all façades of the mult-family buildings. The applicant is proposing 80% primary masonry. Staff is of the opinion that this appeal should be considered at site plan when elevations are provided. Staff does not have adequate information to make a recommendation regarding building materials composition at this time.
Ø Attached Garages - The UDC requires a minimum of 30% of the minimum required parking to be attached garages and a minimum of 20% of the 30% must be direct access to the living area of the unit and dedicated for use to that unit. The applicant is request an appeal to reduce the amount of attached garages to 15%. If granted, this request would also reduce the number of direct access garages for dedicated use as well. Staff is of the opinion that this appeal request should be considered at site plan when elevations and an engineered site plan are available. Staff does not have enough information to make a recommendation regarding the reduction of attached garages appeal at this time.
Ø Fences - Fences are currently required between non-residential and residential uses. The applicant is requesting an appeal to eliminate the requirement for internal streets and property lines. Staff is of the opinion that this appeal should be considered at site plan when building elevations and an engineered site plan is available. There is inadequate information for Staff to make a recommendation regarding fencing at this time.
RECOMMENDATION:
The Development Review Committee (DRC) met with the applicant to discuss this proposal on September 24, 2015. The item was cleared to move forward to the Planning and Zoning Commission subject to conditions. Due to the appeal Staff cannot recommend full support; however, staff does not oppose approval subject to conditions.
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 GRANTING A ZONING CHANGE FROM PLANNED DEVELOPMENT-185 (PD-185) DISTRICT AND AGRICULTURE (A) DISTRICT TO PLANNED DEVELOPMENT-185A (PD-185A) DISTRICT FOR MULTI-FAMILY RESIDENTIAL USES AND COMMERCIAL-ONE (C-1) DISTRICT USES ON A 64.287 ACRE TRACT OF LAND OUT OF THE J. C. ARMSTRONG SURVEY, ABSTRACT NO. 43, CITY OF GRAND PRAIRIE, TARRANT COUNTY, TEXAS, AND THE J.H. HUGHES SURVEY, ABSTRACT NO. 732, CITY OF GRAND PRAIRIE, TARRANT COUNTY, TEXAS, GENERALLY LOCATED SOUTH OF RAGLAND ROAD BETWEEN STATE HIGHWAY 360 (SH 360) AND DAY MIAR ROAD; SAID ZONING ORDINANCE AND MAP 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 Planned Development-185 (PD-185) District and Agriculture (A) District to Planned Development-185A (PD-185A) District allowing multi-family residential uses and Commercial-One (C-1) District uses; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on October 5, 2015, 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 6 to 3 to recommend to the City Council of Grand Prairie, Texas, that the hereinafter described property be rezoned from its classification of Planned Development-185 (PD-185) District and Agriculture (A) District to Planned Development-185A (PD-185A) District allowing multi-family residential uses and Commercial-One (C-1) 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 October 13, 2015, 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 Planned Development-185 (PD-185) District and Agriculture (A) 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 the area from its classification of Planned Development-185 (PD-185) District and Agriculture (A) District to Planned Development-185A (PD-185A) District allowing multi-family residential uses and Commercial-One (C-1) District uses as shown in attached Exhibit A - Location Map and as legally described in attached Exhibit B - Legal Description.
SECTION 2. Purpose and Intent
The purpose and intent of this zoning ordinance is to establish appropriate restrictions and development controls necessary to ensure that the future horizontal mixed-use development of the subject property is in keeping with the Grand Prairie Comprehensive, maintains compatible with the surrounding development/zoning districts, and preserves all elements of Planned Development 185 (PD-185) District as adopted via Ordinance Number 4134 on April 7, 1987, except as specifically called out in the following sections.
SECTION 3. Development Standards
1. Applicability
All development on land located within the boundaries of this Planned Development District shall adhere to the rules and regulations set forth in this zoning ordinance.
2. Base Zoning
Any zoning, land use requirement or restriction not contained within this zoning ordinance shall conform to those requirements and/or standards contained within Planned Development-185 (PD-185), which adopted the Commercial-One (C-1) District standards, and/or the Multi Family Three (MF-3) District, as applicable, and as adopted and amended in the Unified Development Code (UDC). Where there is a conflict between the UDC and this ordinance, unless explicitly contained within this ordinance, the more restrictive will prevail.
3. Conceptual Plan
a. Development shall be in substantial conformance, as determined by the Planning Director or his designee, with the attached Exhibit C - Zoning Concept Plan.
b. The site layout of the multifamily project shall provide for any surface parking to the side and behind buildings along the primary drive in front of the project as well as adjacent to the frontage road of SH 360.
c. Green spaces shall be integrated within the multifamily project; and those spaces shall be made accessible by walkable pathways and linked to the exterior of the project for convenient access to neighboring greenspaces and parks.
4. District-Wide Provisions
a. Building setbacks shall be as follows:
i. Front Yard - 10 feet
ii. Side Yard - 20 feet (interior side yard); 10 feet (exterior side yard)
iii. Rear Yard -10 feet.
b. Fencing - fences shall not be required on internal streets and property lines, except as indicated below:
i. Storage and areas used for utility purposes shall be screened in accordance with the UDC as amended.
ii. Perimeter fencing along the exterior property lines shall be provided in accordance with the UDC as amended.
c. Landscape Buffer - the landscape buffer required adjacent to rights-of-way by Appendix F of the UDC, as amended, shall be reduced to match the required setback specified in this ordinance.
5. Commercial-One District Amendments to PD-185
The provisions contained in PD-185 (Ordinance Number 4134) shall apply with the exception of the following:
a. “Section II, 1. Permitted Uses, E. Retail and Service Types, Restaurant with drive-in” or drive-through. The words drive through shall be added to the permitted uses and treated the same as “drive-in”.
b. “Section II, 1. Permitted Uses, F. Automobile and Related Service Uses, Commercial Auto Parklot, New Auto Parts Sale (as an accessory use to a large format department store), Used Auto Parts Sales (in building), Franchise New Car Sales with Used Car Sales as an ancillary use (permissible with approval of a specific use permit)”. This section shall be amended to remove Commercial Auto Parklot and Used Auto Parts Sales (in building) from the list of permissible uses and permit Franchise New Car Sales with Used Car Sales as an ancillary use with the approval of a specific use permit.
6. Multifamily Residential District
Development within the boundary of this development shall comply with the Multi-Family Three (MF-3) District provisions contained in the UDC, as amended, with the exception of the following:
a. Maximum Density:
i. Thirty (30) dwelling units per acre.
ii. The density calculation shall be based on net acreage, in accordance with the UDC, as amended.
b. Building Façade Materials: All building façades shall be a minimum of 80% masonry as defined by the UDC, as amended.
c. Garages:
i. A minimum of 15% of the required parking shall be attached garages.
ii. Direct access from an attached garage into the building’s hall corridor may be provided in lieu of direct access to individual dwelling units.
iii. All other provisions relating to attached garages shall be provided in accordance with the UDC, as amended.
d. Height: Maximum of 55 feet and no more than four (4) stories.
SECTION 4.
A site plan shall be reviewed and approved by the City Council prior to the issuance of any building permits.
SECTION 5.
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 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, AND THIS 13TH DAY OF OCTOBER, 2015.
ORDINANCE NO. 9957-2015
PLANNED DEVELOPMENT NO. 352
CASE NO. Z151002