From
Chris Hartmann
Title
Z180801 - Zoning Change - Northeast Corner of Highway 161 and Shady Grove (City Council District 1). A request to rezone 10.035 acres from SF-1 and PD-3 to Commercial. Tracts 12, 12.1, 13, and 13.1, John Spoon Survey, Abstract No. 1326, City of Grand Prairie, Dallas County, Texas, zoned SF-1 and PD-3, within the SH 161 Overlay District, and generally located at the north east corner of N Highway 161 and W Shady Grove Rd. 918, 902, and 1002 W. Shady Grove Road. The agent is Justin Light of Pope, Hardwicke, Chrisite, Schell, Kelly & Taplett, LLP, and the owner is David Zulejkic. (On August 6, 2018, the Planning and Zoning Commission recommended approval of this request by a vote of 7-2).
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
A request to rezone 10.035 acres from SF-1 and PD-3 to Commercial. Tracts 12, 12.1, 13, and 13.1, John Spoon Survey, Abstract No. 1326, City of Grand Prairie, Dallas County, Texas, zoned SF-1 and PD-3, within the SH 161 Overlay District, and generally located at the north east corner of N Highway 161 and W Shady Grove Rd.
PURPOSE OF REQUEST:
The purpose of the request is to rezone the property from SF-1 and PD-3 to Commercial.
ADJACENT LAND USES AND ACCESS:
The following table summarizes the zoning designation and existing use for the surrounding properties. The current mobile home use will become legally nonconforming with the passage of Commercial zoning.
|
Table 1: Adjacent Zoning and Land Uses |
|
Direction |
Zoning |
Existing Use |
|
North |
SF-1 |
Undeveloped |
|
South |
PD-221 |
Industrial Use |
|
West |
SF-1 |
Mixture of undeveloped parcels and single family residential use |
|
East |
LI |
Commercial use |
CONFORMANCE WITH THE COMPREHENSIVE PLAN:
The 2010 Comprehensive Plan’s Future Land Use Map (FLUM) designates this area as Commercial/Retail. Rezoning the property to Commercial will bring the zoning into conformance with the FLUM.
RECOMMENDATION:
The Development Review Committee (DRC) recommends approval.
Body
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND MAP TO REZONE 10.035 ACRES OUT OF JOHN SPOON SURVEY, ABSTRACT NO. 1326, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, GENERALLY LOCATED ON THE NORTHEAST CORNER OF SH 161 AND SHADY GROVE ROAD, AND AS MORE FULLY DESCRIBED BELOW, FROM SINGLE FAMILY-ONE (SF-1) DISTRICT AND PLANNED DEVELOPMENT-3 (PD-3) DISTRICT FOR MOBILE HOME USE TO A "C" COMMERCIAL 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 Single Family-One (SF-1) District and Planned Development-3 (PD-3) District to C, Commercial District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on August 6, 2018, 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 7 to 2 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 Single Family-One (SF-1) District and Planned Development-3 (PD-3) District to C, Commercial 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 August 21, 2018, 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 from its classification of Single Family-One (SF-1) District and Planned Development-3 (PD-3) District to C, Commercial 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 Single Family-One (SF-1) District and Planned Development-3 (PD-3) District to C, Commercial District; as depicted in Exhibit A - Location Map and described in Exhibit B - Legal Description.
SECTION 2.
Purpose and Intent
That, the purpose of this planned development is to establish appropriate restrictions and development controls necessary to ensure predictable land development, safe and efficient vehicular and pedestrian circulation, compatible uses of land and compliance with appropriate design standards.
SECTION 3.
Permissible Uses
1. All principal uses of the subject property depicted in Exhibit C - Zoning Exhibit 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.
Development Standards
1. All development shall conform to the development standards for Commercial (C) District and Appendix F: Corridor Overlay District Standards in the Unified Development Code.
2. A Site Plan shall be reviewed and approved by the City Council prior to the issuance of any building permits.
SECTION 5. 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 6. THAT 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 21st day of August, 2018.
Ordinance No. 10508-2018
Zoning Case No. Z180801