To: Mark R. Hafner, City Manager
From: Trina Zais, Director of Public Services and Economic Development
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving a Planned Development Amendment for an undeveloped portion of Highland Oaks Crossing, a non-residential development, located on a 1.48-acre tract of land out of the John Edmonds Survey, Abstract No. 457, Tract 3H1B, on the north side of North Tarrant Parkway, approximately 675 feet east of Rufe Snow Drive. The purpose of this planned development amendment is to allow subdivision of one (1) lot into two (2) lots, zoned PD-R (Planned Development-Retail). Richard L. Cohen, property owner. William T. Ellis, applicant/developer. (Z-17-0008)
Body
Action Requested:
Conduct a public hearing and consider a recommendation of a planned development amendment for a portion of Highland Oaks Crossing, a non-residential development.
Current Zoning:
PD-R (Planned Development-Retail)
Proposed Zoning:
PD-R (Planned Development-Retail)
Future Land Use Plan:
R (Retail)
Background:
August 5, 1997 - City Council approved the original concept plan for Highland Oaks Crossing (Ordinance No. 868) with the zoning as PD-NS (Planned Development-Neighborhood Services).
October 2, 2001 - A planned development amendment was approved by City Council (Ordinance No. 1066) to allow a CVS Pharmacy and other site modifications.
January 3, 2012 - A planned development amendment was approved by City Council (Ordinance No. 1580) to change the zoning from PD-NS (Planned Development-Neighborhood Services) to PD-R (Planned Development-Retail) for a portion of the Highland Oaks Crossing development and to grant a variance for parking
Analysis:
The purpose of this planned development amendment is to split Lot 3 into two (2) lots to allow development of a medical office and a retail center. The original concept plan showed this property as one lot with a 10,000 square-foot retail building. A copy of the previous concept plans is provided under Staff Attachment.
The applicant has provided a concept plan for the Planned Development Amendment. To develop the site a more detailed Site Plan, followed by Civil Engineering Plans, Platting, and Building permits would be required.
Site Design:
The current Planned Development shows this property as one lot with a single 10,000 square-foot retail building. This amendment would create two (2) lots; one (1) would hold a 6,600 square-foot retail building and the other would hold a 4,000 square-foot medical office building.
Detention, dumpsters and parking are proposed to be shared by the two properties. This will need to be addressed on the plat through private easements and plat notes and a property owners association. The property owners association will be filed with the county.
Condition:
1. Dumpsters and detention/drainage facilities will be shared between the two (2) lots. This shall be clearly defined on the plat and established through a property owners association filed with Tarrant County.
Parking is planned to be shared between the two lots. A shared parking agreement will be established, should the zoning be approved. The applicant has provided enough parking to meet the requirements of the UDC:
4,000 SF medical office - 20 spaces required
3,600 SF retail - 18 spaces required
3,000 SF restaurant - 20 spaces required
In total, fifty-eight (58) spaces are required. The applicant is providing sixty (60) spaces. In addition, the requirement that the spaces be shared between medical office, restaurant and retail uses, which have different peak parking usage times should ensure there are no issues with parking on-site.
Condition:
2. A shared parking agreement shall be required and filed with Tarrant County prior to approval of the plat.
Elevations:
The applicant has not had elevations designed at this time. Elevations are typically required with planned development zoning changes. The applicant intends to have the 6,600 square-foot retail building match the existing retail building immediately to the west. The 4,000 square-foot medical office will have a residential character with masonry exterior and pitched roof with composition shingles.
Conditions:
3. The proposed 6,600 square-foot retail building shall have a design that is substantially similar to and consistent with the retail building immediately adjacent to the west.
4. The proposed 4,000 square-foot medical office building shall have a residential character with masonry exterior and pitched roof with composition shingles.
Lot Size:
One of the newly created lots is less than the 33,000 square foot minimum of the retail zoning district. This lot is 26,515 square feet and will contain the medical office. Adequate landscaping space and parking is provided.
Variance Request:
5. A variance is requested for one lot to be less than the minimum 33,000 square-feet, not to be smaller than 26,515 square-feet.
Landscaping:
A landscape plan is not required with a zoning change. However, the applicant has left space for the required landscape buffers and parking lot landscaping. The front landscape buffer (along North Tarrant Parkway) has previously been established as twenty-five feet (25’). No change is proposed to this landscape buffer.
The only landscaping variance requested is to omit the five foot (5’) wide continuous foundation planting along the 6,600 square-foot retail building. This request is to be consistent with the retail building immediately to the west. Staff typically recommends planters with permanent irrigation systems in-lieu of the foundation planting. The applicant has agreed to use planter boxes with permanent irrigation systems.
Variance Request:
6. A variance is requested to omit foundation plantings along the proposed 6,600 square-foot retail building. Planter boxes with permanent irrigation systems shall be installed along the front of the building.
Screening:
There is an open space with pond that separates this development from homes in The Lakes of Highland Oaks. This lot is zoned Neighborhood Services (NS) so a masonry screening wall along this property line is not required. However, there are clear sightlines from The Lakes of Highland Oaks to this property.
The applicant desires to maintain views of the pond and drainage ways, particularly for the medical office use. Based on this, they are proposing an open style fence along the rear property lines of both lots. Based on this staff proposed and the applicant has accepted a condition to plant large evergreen shrubs to screen the parking and service areas.
Condition:
7. Large evergreen shrubs shall be planted to screen the parking and service areas from view of The Lakes of Highland Oaks.
Existing Roadway Access:
North Tarrant Parkway, a four (4) lane divided arterial street.
The driveway no longer aligns with the median break in North Tarrant Parkway. This will limit the direct access onto this site to be right-in and right-out only. The applicant prefers this alignment as they believe it will adequately serve their needs. Moving the driveway also means they do not need to relocate a storm water curb inlet on North Tarrant Parkway.
However, staff believes it is in the best interest of this property and all connected properties to keep the driveway in the original location. The parking aisle would stub out to the east and still provide adequate fire protection.
Surrounding Zoning & Land Uses:
North: Children’s Learning Adventure, zoned PD-R (Planned Development-Retail)
South: Keller Place Addition, a multi-tenant retail development zoned R (Retail) and Highland Meadows Estates neighborhood zoned PD-SF-8.4 (Planned Development-Single Family-8,400 square foot minimum)
East: Undeveloped floodplain land zoned PD-NS (Planned Development Neighborhood Services and The Lakes of Highland Oaks zoned PD-SF-8.4
West: CVS, zoned PD-NS, and Highland Oaks Crossing, Phase II retail building zoned PD-R
Request:
There are five (5) conditions and two (2) variances being requested with this planned development amendment application.
Conditions:
1. Dumpsters and detention/drainage facilities will be shared between the two (2) lots. This shall be clearly defined on the plat and established through a property owners association filed with Tarrant County.
2. A shared parking agreement shall be required and filed with Tarrant County prior to approval of the plat.
3. The proposed 6,600 square-foot retail building shall have a design that is substantially similar to and consistent with the retail building immediately adjacent to the west.
4. The proposed 4,000 square-foot medical office building shall have a residential character with masonry exterior and pitched roof with composition shingles.
7. Large evergreen shrubs shall be planted to screen the parking and service areas from view of The Lakes of Highland Oaks.
Variances:
5. A variance is requested for one lot to be less than the minimum 33,000 square-feet, not to be smaller than 26,515 square-feet.
6. A variance is requested to omit foundation plantings along the 6,600 square-foot proposed retail building. Planter boxes with permanent irrigation systems shall be installed along the front of the building.
Citizen Input:
On December 1, 2017, as required by State law, the City mailed out twenty-four (24) letters of Notifications for a Public Hearing to all property owners within three hundred feet (300’) of the subject site and the Homeowner’s Association of Highland Meadows Estates. A public hearing notice sign was also posted on the site. Notice of a public hearing was published in the local newspaper fifteen (15) days prior to this meeting.
As of January 8, 2018 staff has not received any letters of opposition from the surrounding properties. A super-majority vote to approve this request will not be required.
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.
Professional Opinion:
Staff professional opinion is to recommend approval of this planned development amendment application for City Council consideration with the conditions and variances below and the additional condition 8 related to the driveway.
1. Dumpsters and detention/drainage facilities will be shared between the two (2) lots. This shall be clearly defined on the plat and established through a property owners association filed with Tarrant County.
2. Parking will be shared between the two (2) lots. A shared parking agreement shall be required and filed with Tarrant County prior to approval of the plat.
3. The proposed 6,600 square-foot retail building shall have a design that is substantially similar to and consistent with the retail building immediately adjacent to the west.
4. The proposed 4,000 square-foot medical office building shall have a residential character with masonry exterior and pitched roof with composition shingles.
5. A variance is requested for one lot to be less than the minimum 33,000 square-feet, not to be smaller than 26,515 square-feet.
6. A variance is requested to omit foundation plantings along the 6,600 square-foot proposed retail building. Planter boxes with permanent irrigation systems shall be installed along the front of the building.
7. Large evergreen shrubs shall be planted to screen the parking and service areas from view of The Lakes of Highland Oaks.
8. The driveway should remain in the original location, aligned with the median break on North Tarrant Parkway.
Board Review:
The Planning and Zoning Commission considered this item at their regular meeting on December 11, 2017 and voted 6-0 to APPROVE with the staff recommended condition regarding the location of the driveway.
UPDATE: The Commission directed the applicant and staff to meet and discuss the location of the driveway. Staff met with the applicant on December 27, 2017. The applicant has since agreed to the location of the driveway as recommended by staff.
City Council Action:
The City Council has the following options when considering a Planned Development Zoning Change application:
- Approve as submitted (with variances and conditions)
- Approve with modifications or additional condition(s)
- Tabling the agenda item to a specific date with clarification of intent and purpose
- Deny