To: Planning and Zoning Commission
From: Katasha Smithers, Planner
Subject:
Title
PUBLIC HEARING: Consider a request for a Zoning Change from Town Center (TC) to Retail (R) for two parcels approximately 6.2-acres, legally described as Lot 4 and 5R, Block 1 in the Town Center East Addition, located near the southwest corner of the Rufe Snow Drive and Keller Parkway (FM 1709) intersection and addressed as 920 and 940 Keller Parkway (FM 1709). Jim Makens, Grapevine Wall J/V, Applicant/Owner. (Z-21-0004)
Current Zoning:
Town Center (TC)
Proposed Zoning:
Retail (R)
Future Land Use Plan:
Mixed-Use (MU)
Background:
The properties in the Town Center East Addition were first platted in 1997. The Site Plan for the center was approved by Council in 1997 per Resolution 835. The Applicant constructed and owns the two retail buildings immediately adjacent to the Kroger grocery store to the west. He also owns the three vacant parcels in the center.
In 2015, the City Council modified the Town Center zoning district use table to remove medical uses within Town Center as they felt this did not meet the intent of the zoning district as a mixed-use community retail center.
In 2020, City Council approved seven lots within Town Center to have a medical overlay district. The properties included 1135, 1139, 1141, 1149, 1151, 1200 and 1220 Keller Parkway and included pre-existing medical offices. At that time, Council made it clear that they did not want to expand the medical overlay district to any other properties in the Town Center zoning district.
The Applicant believes the Town Center zoning district makes it difficult to lease the space. For instance, he cannot lease for medical uses. (In addition to the UDC requirements, the Applicant has a Reciprocal Easement Agreement (REA) from 1992 with additional restrictions related to how the center may be developed. (See Exhibit A, attachment.))
Proposed Uses:
The Applicant proposes to add more medical uses within the strip centers.
Analysis:
The Applicant partially developed this site; however, there are three parcels that are vacant and could be developed in the future.
The Town Center zoning district is intended to serve as a mixed-use community retail center with uses that are generally pedestrian-oriented and encourage pedestrian traffic. Town Center is compact with grouped buildings around open spaces used for public events, trails and sidewalks, and connected, small-scale streets that serve vehicle, pedestrian, and bicycle traffic.
Existing Roadway Access:
Keller Parkway
Surrounding Zoning & Land Uses:
North: Multi-tenant building, Raising Canes, and American Nation Bank zoned Town Center
South: Moviehouse and Eatery zoned Town Center
East: Kroger uses zoned Town Center
West: Foam Fabricators uses zoned Town Center
Citizen Input:
On June 10, 2021, the City mailed out 14 Letters of Notification for this Public Hearing to all property owners within three-hundred feet (300’) of the subject site. A public hearing notice sign was posted on the site
As of June 17, 2021, Staff has not received any responses from the Public.
Summary:
Section 8.02 (D)(1)(e) of the UDC states that when considering a zoning change request, the Planning and Zoning Commission and City Council shall consider the following factors:
1) Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the City as a whole, and in compliance with the Future Land Use Plan.
2) Whether the proposed change is in accord with any existing or proposed plans for providing streets, water supply, sanitary sewers, and other utilities to the area, and shall note the findings.
3) The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the City, and any special circumstances which may make a substantial part of such vacant land unavailable for development.
4) The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change.
5) How other areas designated for similar development will be, or are unlikely to be, affected if the proposed amendment is approved.
6) Any other factors which will substantially affect the health, safety, morals, or general welfare.
Alternatives:
The Planning and Zoning Commission has the following options when considering a Planned Development Zoning Change application:
- Recommend approval as submitted (with variances and conditions).
- Recommend approval with modifications or additional condition(s).
- Table the agenda item to a specific date with clarification of intent and purpose.
- Recommend denial.
City Council Action:
If the Planning and Zoning Commission takes action and makes a recommendation on this agenda item, this Planned Development Zoning Change application will be scheduled for City Council action on July 20, 2021.
Supporting Documents:
- Maps
o Future Land Use Map
o Aerial and Zoning Map
- Exhibit A - Application and Information
- Staff Attachment - Approved Site Plan