From
Chris Hartmann
Title
Z121101/CP121101 - Zoning Change/Concept Plan - Berkshire Park Phase 2 (City Council District 2). Approval of a Zoning Change from Planned Development 299 (PD-299) District for Zero Lot Line (ZLL) uses to a Planned Development District for Single Family Detached Residential Use and a Concept Plan for 60 single family residential lots and one common area on 10 acres. The subject property is zoned Planned Development 299 (PD-299) District and is within the State Highway-161 Overlay District. The property is generally located on the north side of Arkansas Lane between Robinson Road and South Carrier Parkway. The Owner is M R Development Corp. and the applicant is Bruce French. (On November 5, 2012, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0.)
Presenter
Director of Planning and Development Bill Crolley
Recommended Action
Approved
Analysis
SUMMARY:
Consideration of a request for the approval of a Zoning Change from Planned Development 299 (PD-299) District for Zero Lot Line (ZLL) uses to a Planned Development District for Single Family Detached Residential Use and a Concept Plan for 60 single family residential lots and one common area on 10 acres. The subject property is zoned Planned Development 299 (PD-299) District and is within the State Highway-161 Overlay District. The property is generally located on the north side of Arkansas Lane between Robinson Road and South Carrier Parkway.
ADJACENT LAND USES AND ACCESS:
North - To the north are various commercial and retail uses zoned General Retail (GR) District. Farther north is W. Pioneer Parkway, designated and built as a principal arterial, 6-lane divided thoroughfare (P6D) on the City's Master Transportation Plan. All surrounding properties are within the State Highway 161 Overlay District.
South - To the immediate south is Arkansas Lane, designated and built as a principal arterial, 4-lane divided thoroughfare (P4D) on the City's Master Transportation Plan. On the other side of Arkansas Lane is Brookfield North subdivision, zoned Planned Development 273A (PD-273A) District for single family detached residential uses.
East - To the east are properties zoned and partially developed as Planned Development 107 (PD-107) District for office uses. Farther east is S. Carrier Parkway, designated as a principal arterial, 6-lane divided thoroughfare (P6D) on the City's Master Transportation Plan.
West - To the west is Berkshire Park, Phase 1, zoned Planned Development 299 (PD-299) District for Zero Lot Line (ZLL) uses. Farther west is Robinson Road, designated as a minor arterial, 5-lane undivided thoroughfare (M5U) on the City's Master Transportation Plan.
PURPOSE OF REQUEST:
This request is for the approval of a Zoning Change and Concept Plan for 60 single family detached residential lots on 10 acres. The requested zoning change is from Planned Development 299 (PD-299) District for Zero Lot Line (ZLL) uses to a Planned Development District for Single Family Detached Residential Use and a Concept Plan.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The Berkshire Park Addition, Preliminary Plat, was approved for 157 units for 21.42 acres on January 12, 2004 [P040103]. Berkshire Park, Phase 1 was filed with Dallas County on October 13, 2004 [Volume 2004198, Page 00130 DRDCT]. Most of the 78 units that were platted under Phase 1 have been built as either zero lot line units or single family detached units.
Berkshire Park, Phase 2 was approved for 76 units and one common area on 10.135 acres on April 25, 2005 [P050404]. The final plat for Phase 2 was never filed with Dallas County and expired July 2008. The proposed zoning change and concept plan will reduce the number of lots to 60 single family units and one common area. This is a reduction in density from 7.5 dwelling units per acre to 5.9 dwelling units per acre.
The proposed Planned Development ordinance is in substantial conformance with the design standards stipulated in Planned Development 299 (PD-299) District. The design and location of single family detached residential lots, and the common area shall substantially conform to the Concept Plan, which will be incorporated into the PD ordinance. The proposed PD ordinance, Section 4, "Design and Amenity Standards" include:
Ø Minimum ninety percent (90%) of all exterior wall surfaces shall be structurally designed for and constructed of masonry and/or stone. This percentage will be applied as a total of all exterior walls measured below the fascia board at the roof line, excluding doors, windows, boxed or bay windows, dormers, areas under covered porches one-story in height, and other architectural projections. Masonry shall be defined as stone or standard-size, full-width brick. One hundred percent (100%) of all exterior wall surfaces directly facing a collector or arterial thoroughfare shall be structurally designed for and constructed of masonry and/or stone.
Ø Repeat brick color shall not be used within four consecutive residential buildings.
Ø All exterior fireplace chimneys shall be one hundred percent (100%) incased with a masonry or stone product. Hardi plank and stucco material, or derivations thereof, shall not be permitted as an exterior chimney enclosure.
Ø No use of the same brick color, duplicate building elevation and building profile, or color tone of roof shingle shall be used within four consecutive residential buildings on the same side of the street. No residential building may be built with similar aforementioned building elements as one located directly across the street.
Ø All units shall be provided with a front porch or veranda of a unified architectural design with a minimum depth of 5 feet.
Ø Flat roof design is prohibited. Minimum roof pitch to be 6:12 with a 3:12 roof pitch for front porches.
Ø Roof shingles are to be a 30-year warranty type with articulated ridge caps.
Ø Lot Landscaping
Each residence at the time of occupancy shall have the following minimum landscaping:
a. 1-three-inch caliper tree planted in front of each residence.
b. Tree species shall be in accordance with the City of Grand Prairie approved tree list contained in Article 8 of the Unified Development Code.
c. Front yard shrubs shall be provided for each residence in any size increment totaling a minimum of 30-gallons per residential lot.
d. Residential lots shall be fully sodded and irrigated in accordance with the requirements of the Unified Development Code.
Ø A six (6) foot high masonry or masonry concrete screening fence, with a mortar bond finish on both sides, shall be provided along Arkansas Lane, and shall turn the corner at Bois D'arc Lane. Articulated brick columns shall be spaced along the fence facing Arkansas Lane at approximate 50 ft. centers. Such screening fences and brick columns shall extend (or wrap) into and along the side or rear lots lines, where such conditions exist, of residential lots that abut the local residential entry street(s) that extends into the subdivision from the arterial or collector street. The extended (or wrapping) portion of said screen fence shall not encroach into the required front yard setback of any residential lot.
The zoning area will offer a variety of single family detached housing and lot types in a variety of sizes in conformance with density and dimensional standards prescribed in the proposed PD Ordinance, Section 3, "Density and Dimensional Requirements."
ZONING HISTORY:
The subject property was annexed into the City of Grand Prairie on May 5, 1961 [Ord. 1417]. In 2003, a zoning change request from Multi Family-One (MF-1) District and General Retail (GR) District to Planned Development 299 (PD-299) District for Single Family Attached (SF-A) and Single Family Zero Lot Line (SF-ZLL) uses was approved by City Council [Ord. 6969].
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Comprehensive Plan designates this area for low density residential and commercial and retail uses. Low density residential uses allow zero to six dwelling units per acre, and the proposed subdivision will be about 5.9 dwelling units per acre. This use is in partial conformance with the Future Land Use Map of the 2010 Comprehensive Plan. The Future Land Use Map will need to be revised to show the entire site as low density residential. Comprehensive Plan revisions will be proposed at the January Planning and Zoning Commission meeting.
DENSITY AND DIMENSIONAL IMPACTS:
The PD Ordinance, Section 3, "Density and Dimensional Requirements" are attach.
REQUESTED APPEALS BY APPLICANT:
The applicant is not requesting any appeals.
RECOMMENDATION:
The Development Review Committee recommends approval of this request for a Planned Development/ Concept Plan for a single family detached residential subdivision in accordance with all Unified Development Code requirements.
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 TO GRANT A ZONING CHANGE FROM PLANNED DEVELOPMENT 299 (PD-299) DISTRICT FOR ZERO LOT LINE (ZLL) USES TO A PLANNED DEVELOPMENT DISTRICT FOR SINGLE FAMILY DETACHED RESIDENTIAL USES AND A CONCEPT PLAN FOR 60 SINGLE FAMILY RESIDENTIAL LOTS AND ONE COMMON AREA ON 10 ACRES, TO WIT: BEING LOT 15, BLOCK A, BERKSHIRE PARK, PHASE 1, AS RECORDED IN VOLUME 2004176, PAGE 2709, REAL PROPERTY RECORDS, DALLAS COUNTY, TEXAS, AND BEING 10.135 ACRES OUT OF THE ALLEN JENKINS SURVEY, ABSTRACT 713, AS RECORDED IN VOLUME 2004050, PAGE 6366, DALLAS COUNTY DEED RECORDS IN THE CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, SAID ZONING MAP AND ORDINANCE BEING NUMBERED AS 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 owner 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 amend the zoning designation of said property to obtain a Zoning Change from Planned Development 299 (PD-299) District for Zero Lot Line (ZLL) uses to a Planned Development District for Single Family Detached Residential Uses; and;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on November 5, 2012, 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 299 (PD-299) District for Zero Lot Line (ZLL) uses to a Planned Development District for Single Family Detached Residential 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 299 (PD-299) District for Zero Lot Line (ZLL) uses to a Planned Development District for Single Family Detached Residential 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 20, 2012 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 299 (PD-299) District for Zero Lot Line (ZLL) 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 Unified Development Code 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 WITH A COMPREHENSIVE PLAN ... "
being passed and approved on November 20, 1990, as amended, is hereby further amended so as to change the Zoning District from its classification of Planned Development 299 (PD-299) District for Zero Lot Line (ZLL) uses to a Planned Development District for Single Family Detached Residential Uses, and described as follows:
Being all of Lot 15, Block A, Berkshire Park, Phase 1, as recorded in Volume 2004176, Page 2709, Real Property Records, Dallas County, Texas, and being 10.135 acres out of the Allen Jenkins Survey, Abstract 713, as recorded in Volume 2004050, Page 6366 Dallas County Deed Records in the City of Grand Prairie, Dallas County, Texas, and as shown on the approved zoning exhibit labeled as Exhibit' A', which is incorporated herein by reference.
SECTION 2.
Base Zoning
Any zoning, land use requirements and restrictions not contained in this Planned Development Ordinance shall conform to those requirements for the Single Family-Five (SF-5) District as established in the Uniform Development Code (UDC). Where there is a conflict regarding lot dimensions, the subdivision shall conform to the Concept Plan as shown on Exhibit "B."
SECTION 3.
Density and Dimensional Requirements
1. Maximum density not to exceed 8 units to the acre.
2. Minimum unit sizes to be 1,640 square feet.
3. Minimum lot size to be 5,000 square feet.
4. Minimum lot width to be 50-feet.
5. Minimum lot depth to be 100-feet.
6. Minimum front setback to main living unit and/or garage door to be 20-feet. All front entry garages shall be setback a minimum of 12" from the nearest front street facing building elevation.
7. Minimum front setback of 10-feet to be allowed for living units constructed with a front street facing porch measuring at least 5 feet in depth.
8. Minimum interior side yard setback to be 5-feet.
9. Minimum side yard setback siding on a street to be 15-feet.
10. Minimum rear yard to be 10-feet.
11. Maximum building height to be two stories.
12. Maximum lot coverage to be seventy percent (70%).
SECTION 4.
Design and Amenity Standards
1. Each residential lot shall have access to a public street by a private drive. Private internal access drives and utility easements shall be dedicated as a separate lot on the final plat.
2. Two garage parking spaces shall be provided for all single family residences. All garage spaces to be directly accessible to the main housing unit. Garage units shall be used only for the parking of motor vehicles containing no more than two wheel axles and that are used as the primary mode of street transportation by the occupant.
3. Minimum ninety percent (90%) of all exterior wall surfaces shall be structurally designed for and constructed of masonry and/or stone. This percentage will be applied as a total of all exterior walls measured below the fascia board at the roof line, excluding doors, windows, boxed or bay windows, dormers, areas under covered porches one-story in height, and other architectural projections. Masonry shall be defined as stone or standard-size, full-width brick. One hundred percent (100%) of all exterior wall surfaces directly facing a collector or arterial thoroughfare shall be structurally designed for and constructed of masonry and/or stone.
4. Repeat brick color shall not be used within four consecutive residential buildings.
5. All exterior fireplace chimneys shall be one hundred percent (100%) incased with a masonry or stone product. Hardi plank and stucco material, or derivations thereof, shall not be permitted as an exterior chimney enclosure.
6. No use of the same brick color duplicate building elevation and building profile, or color tone of roof shingle shall be used within four consecutive residential buildings on the same side of the street. No residential building may be built with similar aforementioned building elements as one located directly across the street.
7. All units shall be provided with a front porch or veranda of a unified architectural design with a minimum depth of 5 feet.
8. Flat roof design is prohibited. Minimum roof pitch to be 6:12 with a 3:12 roof pitch for front porches.
9. Roof shingles to be a 30-year warranty type with articulated ridge caps.
10. Lot Landscaping
Each residence at the time of occupancy shall have the following minimum landscaping:
a. 1-three-inch caliper tree planted in front of each residence.
b. Tree species shall be in accordance with the City of Grand Prairie approved tree list contained in Article 8 of the Unified Development Code.
c. Front yard shrubs shall be provided for each residence in any size increment totaling a minimum of 30-gallons per residential lot.
d. Residential lots shall be fully sodded and irrigated in accordance with the requirements of the Unified Development Code.
11. A six (6) foot high masonry or masonry concrete screening fence, with a mortar bond finish on both sides, shall be provided along Arkansas Lane, and shall turn the corner at Bois D'arc Lane. Articulated brick columns shall be spaced along the fence facing Arkansas Lane at approximate 50 ft. centers. Such screening fences and brick columns shall extend (or wrap) into and along the side or rear lots lines, where such conditions exist, of residential lots that abut the local residential entry street(s) that extends into the subdivision from the arterial or collector street. The extended (or wrapping) portion of said screen fence shall not encroach into the required front yard setback of any residential lot.
12. In those instances where a side or rear yard residential fence is across the street from a front yard condition, a Type 3 fence constructed of cement fiberboard, concrete thin-wall, or an alternate material shall be installed. These fences will be maintained by the individual property owners.
13. Private residential lot fences shall consist of Cedar wood pickets on steel posts. All private residential lot fences shall be maintained by the individual property owners.
14. All property included within this Planned Development District shall be included in the Berkshire Park Home Owners' Association for the maintenance and related concerns regarding required masonry screening walls, private residential lot fences, side street lot fences across the street from front yards, street landscaping and irrigation, park and other common areas within the Planned Development District.
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, THIS THE 20TH DAY OF NOVEMBER 2012.
ORDINANCE NO. 9457-2012
CASE NO. Z121101/CP121101
PLANNED DEVELOPMENT NO. 340