From
Chris Hartmann
Title
Z150903 - Zoning Change - Bob Smith Property (City Council District 2). Consider a request to amend Planned Development-29 (PD-29), Planned Development 231A (PD-231A) and Planned Development-265 (PD-265) Districts to transfer multi-family residential density from PD-265 to PD-29 and PD-231A. The 105-acre property, generally located north of Sara Jane Parkway, south of Forum Drive, and west of Bob Smith Parkway, is split-zoned PD-29, PD-231A, and PD-265 and is within the State Highway 161 (SH-161) and Interstate Highway 20 (I-20) Corridor Overlay Districts. The applicant is Jimmy Fechter, Adams Engineering and the owner is Sally Smith Mashburn, Bob Smith Management Company, LTD. (On August 31, 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
Approve
Analysis
SUMMARY:
Consider a request to amend Planned Development-29 (PD-29), Planned Development 231A (PD-231A) and Planned Development-265 (PD-265) Districts to transfer multi-family residential density from PD-265 to PD-29 and PD-231A. The 105-acre property, generally located north of Sara Jane Parkway, south of Forum Drive, and west of Bob Smith Parkway, is split-zoned PD-29, PD-231A, and PD-265 and is within the State Highway 161 (SH-161) and Interstate Highway 20 (I-20) Corridor Overlay Districts.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Use |
|
North |
PD-231 and PD-231C for residential uses within the SH-161 Corridor Overlay District |
Single Family Residential |
|
South |
PD-29 within the I-20 and SH-161 Corridor Overlay Districts |
Undeveloped |
|
East |
PD-29 and SF-2 District within the I-20 and SH-161 Corridor Overlay Districts |
Undeveloped |
|
West |
PD-83 and PD-235 within the I-20 Corridor Overlay District |
Undeveloped |
PURPOSE OF REQUEST:
The applicant is requesting approval to amend the zoning on 105 acres of PD-29, PD-231A, and PD-265 reduce the multi-family residential density from 600 dwelling units to 264 multi-family dwelling units. No other changes are proposed for the subject site as part of this request.
BACKGROUND:
On August 1, 2000, the City Council approved Ordinance Number 6289, which provided for a maximum of 600 multi-family dwelling units on 15.8 acres (Tract 2).
On August 20, 2015, a Development Review Committee (DRC) meeting was held. Staff met with the applicant to discuss the proposal. The proposal was cleared to move forward subject to conditions found in the recommendation section of this report.
On August 17, 2015, legal notice was mailed to affected property owners and notice of the upcoming public hearing was published in the Fort Worth Star Telegram.
On August 31, 2015, this proposal is scheduled for a public hearing before the Planning and Zoning Commission.
On September 15, 2015, this proposal is scheduled for a public hearing before the City Council.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The undeveloped property is designated as Open Space/Recreation (OS/R) on the Future Land Use Map (FLUM). The FLUM indicates these areas should be preserved as public and neighborhood-oriented open space, and they should incorporate trails and drainage corridors which are left in a naturalistic state. Developing the property as proposed is inconsistent with the FLUM. At such time as the property is developed, studies will have to be performed to identify the buildable portion of the property. Annually, amendments are made to the FLUM to address inconsistencies. When the property is developed such an amendment may be necessary.
RECOMMENDATION:
The request is a text amendment that would reduce the number of multi-family dwelling units permitted on the property. On August 20, 2015, the Development Review Committee (DRC) met with the applicant to discuss the proposal. The DRC recommended approval subject to the following conditions:
ENGINEERING/FLOODPLAIN: Stephanie Griffin/Chris Agnew/Brent O’Neal (972) 237-8141
M. 1. The property includes floodplain and floodway. A floodplain development permit is required. A third-party engineering firm will review the floodplain development permit application at the owner’s expense. The base flood elevation cannot be increased. The valley storage must be maintained. Improvements within the floodway will require a Conditional Letter of Map Revision (CLOMR) prior to the permitting of the project and a Letter of Map Revision (LOMR) will be required after the project is complete.
M. 2. City approved grading, drainage, and erosion control plans are required prior to approval of any final plat, earthwork or building permit for the property. Such plans shall include complete plans and profiles of all storm drainage facilities with hydrologic and hydraulic information designed to current standards as provided in the Drainage Design Manual as currently amended. Tie storm drain hydraulics to existing downstream storm drain and extend to upstream properties. Where applicable, drainage from site shall discharge into drainage easement and shall convey flow to stream without causing erosion or flooding (maximum downstream velocity 6 fps). 100-year overflow shall be conveyed to stream in drainage easement;
M. 3. Detention may be required for this site due to creek erosion problems and neighborhood concerns. The proposed detention area should be shown on the site plan or a drainage analysis performed by a hydraulic engineer to show that no detention of stormwater discharges from this site will have no adverse impact on the downstream property owners;
M. 4. If detention facilities are proposed or to be used before any final plat or building permit can be approved the property owner must accept the City New Development General Guidelines for the Operation and Maintenance of Stormwater Management Facilities and sign the city standard Owner/Developer Inspection and Maintenance Agreement form covering the proposed Stormwater management facilities which form shall be filed with the county against the property. For more information please refer to City Ordinance 9039-2010.
M. 5. Dedication of a detention and drainage easement by plat or separate instrument to cover the proposed 100-year drainage pool is required for approval of any plat or building permit.
M. 6. The following note must be added to the final plat or drainage easement instrument of dedication covering the detention basin:
o The City of Grand Prairie is not responsible for the design, construction, operation, maintenance, or use of any detention pond or underground detention facility and associated drainage easements, hereinafter referred to as “improvement,” to be developed, constructed or used by Owner or his successors, assigns or heirs. Owner shall indemnify, defend and hold harmless the City of Grand Prairie, its officers, employees, and agents from any direct or indirect loss, damage, liability, or expense and attorneys’ fees for any negligence whatsoever, arising out of the design, construction, operation, maintenance, condition, or use of the “improvement,” including any non-performance of the foregoing. Owner shall require any successor, assigns or heirs in interest to accept full responsibility and liability for the “improvement.” All of the above shall be covenants running with the land. It is expressly contemplated that the Owner shall impose these covenants upon all the lots of this plat abutting, adjacent, or served by the “improvement.” It is also expressly contemplated that the Owner shall impose these covenants upon any successor, assigns or heirs in interest the full obligation and responsibility of maintaining and operating said “improvement.” Owner shall require any successor, assigns or heirs in interest to accept full responsibility and liability for the “improvement.” All of the above shall be covenants running with the land.
M. 7. The City Drainage Design Manual Section 2.6.F Erosion Hazard Setback and UDC Article 14.4.6 requires developers to determine and show the erosion hazard setback for properties adjoining creeks to be kept in its natural state on plans including site plans, plats and proposed plans and an Erosion Hazard Area easement be dedicated to the city based on the Erosion Hazard Setback determination. No structures can be constructed or maintained in the erosion hazard area. The drainage manual and Article 14 ordinance excerpt reads as follows:
F. Erosion Hazard Setback
An erosion hazard setback zone determination is necessary for the banks of streams in which the natural channel is to be preserved. The purpose of the setbacks is to reduce the amount of structural damage caused by the erosion of the bank. With the application of streambank erosion hazard setbacks, an easement is dedicated to the City such that no structure can be located, constructed, or maintained in the area encompassing the erosion hazard setback.
Variations to the setback policy are allowed by the City only with the approval of the City Engineer. The City may allow for streambank stabilization as an alternative to dedicating the erosion hazard setback zone.
Streambank erosion hazard setbacks may be required to extend beyond the limits of the regulatory floodplain. The procedure for determining the streambank erosion hazard setback zone is as follows:
1. Locate the toe of the natural stream bank.
2. From this toe, construct a line sloping at 4 horizontal to 1 vertical towards the bank until it intersects natural ground.
3. From this intersection, add 10 feet in the direction away from the stream to locate the outer edge of the erosion hazard setback.
The erosion hazard setback area may be reduced in places where the streambanks are composed partially or entirely of rock. In these areas, the interface of the natural streambank with the top of the unweathered rock strata should be located with the assistance of a qualified geotechnical engineer or geologist. From this point, a line sloping at 3 horizontal to 1 vertical is constructed until its intersection with natural ground. The erosion hazard setback is located 10 feet in the direction away from the stream from this intersection
14.4.6 Erosion Hazard Setbacks
A. Erosion hazard setback determinations shall be made for every stream in which natural channels are to be preserved.
B. Erosion hazard setbacks, as set forth in Section 2.6 of the Drainage Design Manual, shall be required to protect structures and lot improvements from erosion hazards.
C. A person commits an offense if the person erects or maintains a structure within an erosion hazard setback.
M. 8. The Erosion Hazard Setback should be shown on the site plan and the proposed detention basin and parking lot designed to not encroach into this area or approved channel stabilization improvements constructed to remove any proposed improvement structure out of the area;
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 TRANSFER OF MULTI-FAMILY RESIDENTIAL DENSITY FROM PLANNED DEVELOPMENT 265 (PD-265) DISTRICT TO PLANNED DEVELOPMENT-353 (PD-353) THUS AMENDING SECTION II, TRACT 2 MULTI-FAMILY, 3. MAXIMUM NUMBER OF UNITS OR APARTMENT FROM 600 DWELLING UNITS TO 264 DWELLING UNITS, TO WIT: A 65.62 ACRE TRACT OF LAND OUT OF THE CHARLES D. BALL SURVEY, ABSTRACT NO. 197, CITY OF GRAND PRAIRIE, TARRANT COUNTY, TEXAS, AND THE CHARLES D. BALL SURVEY, ABSTRACT NO. 1699, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, GENERALLY LOCATED SOUTH OF SOUTH FORUM DRIVE, NORTH OF THE NORTH FORK OF FISH CREEK, WEST OF SARA JANE PARKWAY, AND EAST OF THE SOUTH FORUM DRIVE/SAN REMO DRIVE INTERSECTION; 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-265 (PD-265) District to Planned Development-265A (PD-265A) District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on August 31, 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 9 to 0 to recommend to the City Council of Grand Prairie, Texas, that the hereinafter described property be rezoned from its classification of Planned Development-265 (PD-265) District to Planned Development-265A (PD-265A) 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 September 15, 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 District-265 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 following described area from its classification of Planned Development-265 (PD-265) to Planned Development-265A (PD-265A):
PROPERTY DESCRIPTION - 65.62 ACRES
BEING all that certain tract or parcel of land situated in the CHARLES D. BALL SURVEY, Abstract No. 197 (Tarrant County, Texas) and the CHARLES D. BALL SURVEY, Abstract No. 1699 (Dallas County, Texas), and being out of a 106.969 acre tract of land described in deed to C. R. Smith recorded in Volume 5149, Page 82 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), and Volume 71228, Page 1976 of the Deed Records of Dallas County, Texas (D.R.T.C.T.), and being more particularly described as follows:
BEGINNING at a 1" iron rod found with a 1/2-inch pointed top on the east side of an old cross-tie fence post at the easterly end of Forum Drive, a public street, said iron rod also being the northeasterly comer of Forum Village Southwest, an addition to the City of Grand Prairie, as recorded in Volume 388-135, Page 76, Plat Records of Tarrant County, Texas, said iron rod also being the northwest corner of this tract;
THENCE N 89°28'05" E, 865.31 feet crossing a wooded area and a cultivated field to a 3/4 - inch pipe found at a fence corner at the southeast comer of Tract 2 conveyed to Doctors Nursing Center Foundation, Inc., as recorded in Volume 11377, Page 2244, D.R.T.C.T., said pipe also being the southwest corner of a tract of land conveyed to Susie Esther Baker and Bryant 0. Baker, Jr., as recorded in Volume 4781, Page 284, D.R.T.C.T.;
THENCE S 89°33'01" E, 882.08 feet along the south line of said Baker tract and a north line of said Smith tract and along a fence line to a 3/4 inch pipe found at the most southerly northeast corner of said Smith tract and the northwest corner of a tract of land conveyed to Tommy Joe Winn and Leland Gielley, as recorded in Volume 94053, Page 3064, D.R.T.C.T.;
THENCE S 00°33 '37" W, along the east line of said Smith tract and along the west line of said Winn and Gielley tract a distance of 1,436.4 feet to a point;
THENCE N 89°19'49" W, a distance of 289.15 feet to a point for corner, being on the east line of said tract;
THENCE S 71°56'51" W, a distance of 131.00 feet to a point for corner;
THENCE S 66°33'11" W, a distance of 381.81 feet to a point for corner;
THENCE S 61°41'51" W, a distance of 250.34 feet to a point for comer;
THENCE S 67°01'58" W, a distance of 91.90 feet to a point for corner;
THENCE S 73°18'30" W, a distance of 49.47 feet to a point for corner
THENCE S 49°37'47" W, a distance of 77.30 feet to a point for corner;
THENCE S 69°06'31" W, a distance of 147.50 feet to a point for corner;
THENCE N 20°09'19" W, a distance of 290.42 feet to a point for corner;
THENCE N 57°16'38" W, a distance of 45.06 feet to a point for corner;
THENCE N 75°25'37" W, a distance of 90.87 feet to a poi nt for corner;
THENCE S 64°43'59" W, a distance of 38.61 feet to a point for corner;
THENCE South, a distance of 214.22 feet to a point for corner;
THENCE S 80°05'3" W, a distance of 101.40 feet to a point for corner;
THENCE N 26°22'22" W, a distance of 122.26 feet to a point for corner;
THENCE N 00°04'18" E, along the west line of said tract, a distance of 1,717.20 feet to the POINT OF BEGINNING and containing 65.2 acres of land, more or less.
SECTION 2. Purpose and Intent
The purpose and intent of this zoning ordinance is to transfer 336 (of the available 600 dwelling units) multi-family residential dwelling units from Planned Development-265 (PD-265) District (Ordinance Number 6289) to Planned Development 353 (PD-353) District. All other provisions of Planned Development-265 District (Ordinance Number 6289) shall remain unchanged and in effect.
SECTION 3. Development Standards
Amending item number 3 of Tract 2 (Multi-Family) of Section II of PD-265 (Ordinance No. 6289) to read as follows:
3. Maximum Number of Units or Apartments: 600 264.
SECTION 4. Reversion of Unused Multi-Family Dwelling Units
The development rights for 336 multi-family dwelling units are hereby transferred from Planned Development-265 District for multi-family development to the adjacent Planned Development- 353 District. In the event that the transferred 336 multi-family dwelling units are not fully utilized, via a City Council approved site plan within 24-months, a portion of the transferred development rights, up to a maximum of 15% of the 336 multi-family dwelling units (50 multi-family dwellings units), shall automatically transfer back to Planned Development-265A. Any unused development rights beyond 15% shall become null and void.
SECTION 5.
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 6.
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 15th day of September, 2015.
Ordinance No. 9918-2015
Planned Development No. 265A
Zoning Case No. Z150903