From
Chris Hartmann
Title
Z190104 - Zoning Change - 401 and 403 College St (City Council District 5). Zoning change from 2F to CA. Lots 5, 6, and 7, Block J/9, W. H. Thomas' Second Addition, City of Grand Prairie, Dallas County, Texas, zoned 2F, within CBD2. The agent is Michael Salcedo, Salcedo Group, Inc. and the owner is Juan Torres, United Residential Group. (On January 7, 2019, the Planning and Zoning Commission recommended approval of this request by a vote of 6-0-1 with Commissioner Moser abstaining).
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
Zoning change from 2F to CA. Lots 5, 6, and 7, Block J/9, W. H. Thomas' Second Addition, City of Grand Prairie, Dallas County, Texas, zoned 2F, within CBD2, and addressed as 401 and 403 College St.
PURPOSE OF REQUEST:
The purpose of the zoning change is to rezone the property from Two-Family (2F) District to Central Area (CA) District. The applicant intends to use the property as an office.
401 College St. has a specific use permit for a Doctor’s Office (SUP-162), which was approved by City Council in 1971. The property is zoned 2F and a Doctor’s Office is not listed as a permissible use (by right or with a specific use permit). Therefore, expanding to include 403 College St and amending the existing specific use permit to allow offices is not feasible.
Rezoning the property to CA will allow uses listed as permissible used under CA in addition to office. Any future building additions or changes may require a replat. New development will require Site Plan approval.
ADJACENT LAND USES AND ACCESS:
The following table summarizes the zoning designation and existing use for the surrounding properties.
|
Table 1: Adjacent Zoning and Land Uses |
|
Direction |
Zoning |
Existing Use |
|
North |
GR |
City Offices (Parks and Recreation Offices) |
|
South |
SF-4 |
Calvary Baptist Church |
|
West |
SF-4 |
Single Family Residential |
|
East |
2F |
City Offices (City Hall) |
HISTORY:
• 1930: The two-story, brick building was constructed.
• July 13, 1971: City Council approved a Specific Use Permit for a Doctor’s Office.
• January 18, 2000: City Council approved Appendix R: Central Business District, creating the central business district overlay.
CONFORMANCE WITH THE COMPREHENSIVE PLAN:
The 2010 Comprehensive Plan’s Future Land Use Map (FLUM) designation for this location is Mixed Use (MU). Development in the mixed use category should include a mixture of retail, high density residential, personal service and some limited office uses in a pedestrian oriented development. The proposal is consistent with the FLUM and following goals, policies, and objectives in the 2010 Comprehensive Plan:
• Objective 1: Property will be zoned in conformance with the Comprehensive Plan;
• Objective 2: Policy 4: Encourage land use patterns that reflect a mix of integrated community uses within walking or bicycling distance; and
• Ensure that infill land uses are compatible with the area by either being similar to surrounding uses, or by being supportive to the neighborhood.
The subject property is within Central Business District No. 2 (CBD2). The Central Area Overlay Districts were created to encourage facilities that complement existing and recommended land uses, and to provide compatibility among land uses by application of development standards. CBD2 includes City Offices, churches, and commercial/retail land uses and is projected as a mixed use area including residential units above retail and commercial uses. The proposed zoning change is consistent with CBD2.
RECOMMENDATION:
The Planning and Zoning Commission recommended approval by a vote of 6-0-1.
The Development Review Committee (DRC) recommends approval.
Body
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND MAP TO REZONE LOTS 5, 6, AND 7, BLOCK J/9, W. H. THOMAS’ SECOND ADDITION, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS GENERALLY LOCATED ON THE SOUTHWEST CORNER OF COLLEGE STREET AND NW 4TH STREET, AND ADDRESSED AS 401 COLLEGE STREET AND 403 COLLEGE STREET, FROM TWO-FAMILY (2F) DISTRICT TO CENTRAL AREA (CA) DISTRICT; 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 Two-Family (2F) District to Central Area (CA) District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on January 7, 2019, 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 0 to recommend approval to the City Council of Grand Prairie, Texas, of the request that the hereinafter described property be rezoned from its classification of Two-Family (2F) District to Central Area (CA) 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 January 22, 2019, 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, changing the zoning from its classification of Two-Family (2F) District to Central Area (CA) 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 Two-Family (2F) District to Central Area (CA) District; as depicted in Exhibit A - Zoning Boundary.
SECTION 2.
THAT any development on the property described herein shall substantially comply with the development standards for Central Area (CA) District and land uses shall be restricted to those uses permitted in the Central Area (CA) District, as specified in Article 4 - “Permissible Uses” of the Unified Development Code of the City of Grand Prairie, Texas, as amended.
SECTION 3. THAT 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 4. THAT all ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 5. 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 22nd day of January, 2019.
Ordinance No. 10588-2019
Zoning Case No. Z190104