property be rezoned from its classification of Planned Development-265( PD-265) District, Planned Development-

Transcription

1 i ORDINANCE NO 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-265 ( PD-265) DISTRICT, PLANNED DEVELOPMENT-231A( PD-231A) DISTRICT, AND PLANNED DEVELOPMENT- 29 ( PD-29) DISTRICT TO A PLANNED DEVELOPMENT DISTRICT FOR MULTI-FAMILY RESIDENTIAL USES WITH A MAXIMUM NUMBER OF MULTI-FAMILY RESIDENTIAL DWELLING UNITS OF 336, TO WIT: A 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 WEST AND NORTH OF SARA JANE PARKWAY AND SOUTH OF THE NORTH FORK OF FISH CREEK; 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, Planned Development-231A( PD- 231A) District, and Planned Development-29 ( PD-29) District to a Planned Development District allowing multi-family residential uses with a maximum number of 336 dwelling units; 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; 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, Planned Development- 231A ( PD- 231A) District, and Planned Development-29 ( PD-29) District to a Planned Development District allowing multi-family residential uses with a maximum number of 336 dwelling units; 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-265 ( PD-265) District, Planned Development-231A ( PD- 231A) District, and Planned Development- 29( PD- 29) 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.

2 Ordinance No Page 2 of 6 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) District, Planned Development-231A PD- 231A) District, and Planned Development-29( PD-29) District to a Planned Development District allowing multi-family residential uses with a maximum number of 336 dwelling units for property located as shown in attached Exhibit A- Location Map and as legally described as follows: PROPERTY DESCRIPTION ACRES FIELD NOTES to that certain tract situated in the Charles D. Ball Survey, Abstract No. 197 ( Tan-ant County, Texas) and the Charles D. Ball Survey, Abstract No ( Dallas County, Texas), City of Grand Prairie, Tarrant& Dallas County, Texas, said tract being a portion of the tract described in the deeds to Bob Smith Management Company, Ltd. recorded in Volume 13017, Pages 28, 29, 31, 33,& 36 of the Deed Records of Tarrant County, Texas and also recorded in Volume 97244, Pages 4322, 4327, 4337, 4345, & 4353 of the Deed Records of Dallas County, Texas ( the said deeds have the same metes & bounds description - the description does not close by ± 45 feet) and a portion of the tract described in the deeds to Bob Smith Management Company, Ltd. recorded in Volume 13017, Page 37 of the Deed Records of Tarrant County, Texas and also recorded in Volume 97244, Page 4402 of the Deed Records of Dallas County, Texas ( the said deeds have the same metes & bounds description - the description does not close, does not have a closing distance); the subject tract being more particularly described as follows: Commencing at a 1/ 2 inch capped rebar stamped " Peiser Surveying" found at the southwest comer of the right-of-way dedication of Forum Drive in Tarrant County to the City recorded in Volume 14057, Page 161 of Grand Prairie of the Deed Records of Tarrant County, Texas, from which a 5/ 8 inch rebar found at the southwest comer of the tract described in the deed to Bob Smith Management Company, Ltd. (minus the Save& Except clause) recorded in Volume 13017, Page 37 of the Deed Records Deed Records of Dallas County, of Tarrant County, Texas and also recorded in Volume 97244, Page 4402 of the Texas ( tract hereinafter referred to as the " BSMC tract") bears SOUTH 00 degrees 41 minutes 14 seconds EAST, a distance of 2, feet, said found 5/ 8 inch rebar being on the north line of a called 40- foot- wide road formerly known as Pleasant Ridge Road( portion in Tarrant County)/ Fish Creek Road ( portion in Dallas County) ( collectively known as County Road 2043) now recognized in name only as the north line of 1-20 ( no dedicating

3 Ordinance No Page 3 of 6 document found for the said 40- foot-wide road/portion of 1-20); THENCE SOUTH 00 degrees 41 minutes 14 seconds EAST, with the west line of the said BSMC tract, a distance of 1, feet to the Place of Beginning; THENCE in an easterly direction, through the interior of the BSMC tract, the following calls: 1. SOUTH 33 degrees 47 minutes 59 seconds EAST, a distance of feet; 2. NORTH 58 degrees 20 minutes 36 seconds EAST, a distance of feet; 3. NORTH 02 degrees 28 minutes 24 seconds WEST, a distance of feet; 4. SOUTH 89 degrees 42 minutes 53 seconds EAST, a distance of feet; 5. SOUTH 50 degrees 20 minutes 48 seconds EAST, a distance of feet; 6. SOUTH 16 degrees 18 minutes 26 seconds EAST, a distance of feet; 7. NORTH 89 degrees 24 minutes 46 seconds EAST, a distance of feet; 8. NORTH 61 degrees 54 minutes 12 seconds EAST, a distance of feet; 9. SOUTH 63 degrees 20 minutes 08 seconds EAST, a distance of feet; 10. NORTH 69 degrees 43 minutes 50 seconds EAST, a distance of feet; 11. NORTH 23 degrees 36 minutes 25 seconds EAST, a distance of feet; 12. NORTH 86 degrees 22 minutes 53 seconds EAST, a distance of feet; 13. SOUTH 23 degrees 05 minutes 00 seconds EAST, a distance of feet; 14. SOUTH 13 degrees 09 minutes 19 seconds WEST, a distance of feet; 15. SOUTH 33 degrees 09 minutes 22 seconds EAST, a distance of feet to the east line of the BSMC tract; THENCE SOUTH 00 degrees 00 minutes 03 seconds EAST, with the east line of the BSMC tract, a distance of feet to a 1/ 2 inch capped rebar stamped " Peiser Surveying" found at the northeast comer of the right-of-way deed of Sara Jane Parkway and Sara Jane Trail to the City of Grand Prairie recorded under Instrument Number of the Official Public Records of Tarrant County, Texas and also recorded under Instrument Number of the Official Public Records of Dallas County, Texas( said right-of-way deed hereinafter referred to as the right of way of Sara Jane Parkway), said northeast comer being the beginning of a non- tangent curve concave to the north( curve to the right) having a radius of feet;

4 Ordinance No Page 4 of 6 THENCE in a westerly direction, through the interior of the BSMC tract, with and to the comers of the north right of way of said Sara Jane Parkway, the following calls: 1. In a northwesterly direction, along the arc of the said non-tangent curve ( a chord bearing of NORTH 76 degrees 42 minutes 26 seconds WEST, a chord distance of feet) an arc length of feet to a V2 inch capped rebar stamped " Peiser Surveying" found at the end of the curve; 2. NORTH 75 degrees 32 minutes 28 seconds WEST, a distance of feet to a 1/ 2 inch capped rebar stamped" Peiser Surveying" found at the beginning of a tangent curve concave to the south( curve to the left) having a radius of 2, ; 3. in a westerly direction, along the arc of said tangent curve, through a central angle of 16 degrees 05 minutes 02 seconds an arc length of feet, to a 1/ 2 inch capped rebar stamped Peiser Surveying" found at the end of the tangent curve; 4. SOUTH 88 degrees 22 minutes 30 seconds WEST, a distance of feet to a found V2 inch capped rebar stamped" Peiser Surveying"; 5. SOUTH 88 degrees 56 minutes 40 seconds WEST, a distance of feet to a 5/ 8 inch capped rebar stamped " Gorrondona" found at the northwest comer of the right-of-way deed of Sara Jane Parkway, said comer being the west line of the BSMC tract; THENCE NORTH 00 degrees 41 minutes 14 seconds WEST, with the west line of the BSMC tract, a distance of feet returning to the Place of Beginning and enclosing acres ( calculated 1, 00 1, 0 15 square feet). Bearings are based on Sara Jane Parkway. SECTION 2. Purpose and Intent The purpose and intent of this zoning ordinance is to rezone approximately acres from Planned Development-265 ( PD-265) District, Planned Development- 231A( PD-231A) District, and Planned Development-29 PD-29) District to a Planned Development District allowing multi- family residential uses with up to a maximum number of 336 dwelling units and to establish the appropriate restrictions and development controls necessary to ensure that the future multi-family development is in keeping with the Grand Prairie Comprehensive Plan and is compatible with surrounding development and zoning districts. SECTION 3. Development Standards 1. Applicability All development on land located within the boundaries of this Planned Development District must adhere to the rules and regulations set forth in these Planned Development District Standards.

5 Ordinance No Page 5 of 6 2. Base Zoning Any zoning, land use requirements and restrictions not contained within this Planned Development Ordinance shall conform to those requirements for the Multi Family Three( MF-3) District, as adopted and amended in the Unified Development Code( UDC). Where there is a conflict between the UDC and this ordinance, unless explicitly contained in this ordinance, the more restrictive shall prevail. 3. Conceptual Plan Development shall be in substantial conformance with the zoning exhibit and conceptual plans contained in Exhibit B- Concept Plan, Exhibit C- Elevation, and Exhibit D- Landscape Plan of this ordinance, as determined by the Planning Director or his designee. 4. Dimensional Requirements Development within the boundary of this development shall comply with the Multi-Family-Three( MF- 3) District provisions contained within the UDC, as amended, with the exception of the following: a. Building setbacks: i. Front Yard - Buildings fronting onto Sara Jane Parkway shall provide a streetscape consistent with Exhibit" B"( Concept Plan). Specifically, a varied building setback shall be provided adjacent to Sara Jane Parkway that is no less than 20 feet with building insets that shall be no less than 40 feet. ii.side Yard - interior side yard setbacks shall be 20 feet; exterior side yard setbacks shall be 30 feet. iii. Rear Yard- rear yard setbacks shall be 10 feet. b. Roof Pitch: A mix of 4: 12 and 8: 12 minimum c. Height: Maximum of 40 feet and no more than three( 3) stories 5. Building FaVade Materials a. Facades fronting Sara Jane Parkway shall be 100% masonry, as defined by the UDC, as amended. b. All fagades not fronting Sara Jane Parkway shall be a minimum of 80% primary masonry and 20% secondary masonry, as defined by Appendix F of the UDC, as amended. 6. Minimum Dwelling Unit Living Area a. One bedroom- 650 square feet b. Two bedroom- 920 square feet c. Three bedroom- 1, 000 square feet 7. Garage Standards Garages shall be provided in accordance with the provisions of the UDC, except, the required direct access may be provided through the use of corridors in lieu of direct access to dwelling units. SECTION 4. Site Plan THAT a site plan shall be reviewed and approved by the City Council prior to the issuance of any building permits. SECTION 5. Unused Multi-Family Dwelling Unit Reversion THAT the development rights for 336 multi- family dwelling units are hereby transferred from Planned Development-265 District for multi-family development to this Planned Development District. In the event that the transferred 336 multi- family dwelling units are not fully utilized, via a City Council approved site plan within

6 Ordinance No Page 6 of 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 6. 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. SECTION 7. THAT all ordinances or parts of ordinances in conflict herewith are specifically repealed. 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 THE 13TH DAY OF OCTOBER, APPROVED: Ro yor ATTEST: APPROVED AS TO FORM: City Secretary City Attorney ORDINANCE NO PLANNED DEVELOPMENT NO. 353 CASE NO. Z150901/ CP150901

7 ty1 G22 Exhibit A - Location A an Line Data Table Line# Bearing Distance D 1 L13 S T ' A L14 S " E ,615 Acres 112,8 8, 199 Square Feet+ LIS N58' 20' 36" E Bob Stnith Manage ' cut Cornparly, Ltd, V. I. 0017, P1. 11., TIA L16 NO2* 28' 24" W 224,38' ky 1,17 S T ' CT of':, ". U' RJ) CT n.rd.qt. W IV III. VW 13017, Ps. A RRXA;.T. 1 d.mq P#. 4w.n'R.D.CT, 1,18 SSO' 20' 48" E ' L19 S " E 236, 12' L25 L20 N89924'46" E 86.06' L17 y25 L21 N61' 54' 12' E ' L22 S63' 20'09" E 207A8' Ob, 301I 1, Leo C. CID, zot co'dn.' P.O B s 1, Pg Ltd, L23 N69*43' 50" E ' L24 N " E 264,58' Bob Smith a inent Corr pa L25 N86022' 53" E Vol P& 28, R.. V. I , 1& 4122, D.& D.C.T. Vol 13017, Pg. 29, Vol, 97244, g. 4327, WILD.C7, L26 S23 TE 275,82' Vol 13017, Pg- 31, D.R.T.C.T. Vol , g. 4337, DAAC.T. Vol 13017, Pg. 33, MILT.C.T. I Vol , IS. 4345, DAM.C.T. L27 S13' 09' 19" W ' Vol , Pg. 36, PRTCTj VoLI72 AL S 4151ILLP C.T. L32 4 L3ti _ Sara Jan Parkwa C7 L30 0 C = rie d 434 j,= City y of Grand d Pr* I irie f_,v. y I lal!; k2l, , L28 S33* 09'22' E ' C ty or G and Prab", 1,29 S00" 00'03" B ' ti& 4-Avay need wt.#d , 0 PATCT. InstA 201= 519, R.D.C.T, L30 N75032'28" W ' 161 I. L31 S88-22' 30" W Right-of-Way Deed L32 S88-56'40" W ' 0 PA T.C.T , ORRDX.T. 1,33 N " W $ 4164' Bearings based on right of way of Sara Jane Parkway. IQ" a N d Curve Data Table Curve Arc Radius Delta Chord Bearing Chord C ' ' 002, 19, 571, N76, 42126' W C7 571, 26' ' N83-34' 59" W ' T E, lz GOD Scale: 1"= 500' JPH Job No, ZONING EXHIBIT Sara Jane Parkway- Zoning Exhibit Acres Winding Creek Apts. dwg Charles D. Ball Survey, Abst. No. 197( Tarrant County) JPH Land Surveying, Inc.- All Rights Reserved Charles D. Ball Survey, Abst. No. 1699( Dallas County) 807 Bluebonnet Drive, Suite C Keller, Texas Dallas County, Texas Telephone( 817) www. jphiandsurveying. com TBPLS Firm# # # DFW I Austin-[ Ab City of Grand Prairie, Tarrant County& October 26, 2015 Zoning Change Case Number

8 u 3 Exhibit B - Concept Plan w 0 P y t 9 r r f U- O M 1 V'!, N r M h In Q d Q Z y o Q- CC W- mi! r veil N. bmy W 1( 1 V1 W h- M ' N 1/ i ry a- D d mmu a FOZ i_,._

9 i LLs Exhibit C - Elevations Page 1E U W sf f t ua co 0 i r 3 s Ljj 5 x W a 1. W LIJ s E r. co iq b dl fl k F pa 7 s a r a l! re 1 a K h Ja 4. ux' 3 T k Al NI t L 0 AV V41

10 Exhibit C - Elevations U Page 2 of 2 c! f x cs r s OD 3 w 4s i f-' w t s LL- W N LtJ IL LL CV W c a, TI Qvv 1' A... i NE

11 Exhibit D Lan e Plan 04 UA m x E k f ry1 i QU E t a' E p 0 pa 9 s IN, 1 W 1 1 TS f E Li V lj R 0 w 3 i