To: Mark Hafner, City Manager
From: Julie Smith, Community Development Director
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving 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)
Request:
The Applicant is requesting a zoning change from Town Center (TC) zoning district to Retail (R) zoning district in order to lease space to medical uses.
Why Action is Required:
Per Section 4.03 of the Unified Development Code, a Planning and Zoning Commission recommendation and a final decision by City Council is required for a zoning change.
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 Council felt this did not meet the intent of the zoning district as a mixed-use community retail center with “mutually supported office, civic, cultural, entertainment and residential uses“ to enhance the retail nature of the 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 since he cannot lease for medical uses.
Proposed Uses:
The Applicant proposes to add more medical uses within the strip center.
Analysis:
The Applicant has partially developed this site; however, there are three vacant parcels that 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. Clients visiting medical doctors, etc. increase car traffic to the area and do not encourage “mutually supportive” uses of the other Town Center businesses that are pedestrian-oriented.
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 zoned Town Center
West: Foam Fabricators 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 today, Staff has not received any responses from the Public.
Planning and Zoning Recommendation:
The Planning and Zoning Commission recommended denial by a vote of 7-0 for this application on July 27, 2021. The Commission mentioned noted the amendment to the 2021 Future Land Use Plan failed and thus the zoning request for retail violated the 2021 FLUP.
The Applicant requested this item be placed on the September 7, 2021 City Council meeting agenda as he was unavailable for the August 17, 2021 City Council meeting.
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 City Council has the following options when considering a Zoning Change
§ Approve as submitted.
§ Approve a less intense zoning district.
§ Table the agenda item to a specific date with clarification of intent and purpose.
§ Deny.
Supporting Documents:
- Maps
o Future Land Use Map
o Aerial and Zoning Map
- Staff Attachment - Approved Site Plan