From
Chris Hartmann
Title
Z140902 - Zoning Change - (City Council District 6). Approval of a Zone Change from Single Family-One (SF-1) to Planned Development for residential uses with site specific development standards, including a guest house and other special considerations. The 1.94 acre property is located south of W. Bardin Road and east of Matthew Road. Owner/applicant is Don Sherman. (On September 8, 2014, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0.)
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approval
Analysis
SUMMARY:
Consider a request for approval of a Zone Change from Single Family-One (SF-1) to Planned Development for residential uses with site specific development standards, including a guest house and other special considerations. The 2.055 acre property is located south of W. Bardin Road and east of Matthew Road.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Use |
|
North |
Single-Family (SF-1) District |
Large Lot Residential Uses |
|
South |
Agricultural (A) District |
Large Lot Residential Uses |
|
East |
Agricultural (A) District and SF-1 District |
Large Lot Residential Uses |
|
West |
PD-30 (Light Industrial Uses) & PD-119 (single-family detached uses) & SF-2 District |
Vacant and Single-Family Residential Uses |
PURPOSE OF REQUEST:
The applicant requests approval of a Planned Development (PD) residential zoning district utilizing Single Family (SF-1) District density and dimensional standards, but also allowing for two principal dwelling units to be located on one or the other of the two proposed residential lots as detailed on the accompanying concept plan. The applicant is seeking this PD approval as Section 4.1.1 of Article 4 of the Unified Development Code states, in part, that only one primary use may be allowed on any individual lot or tract of land unless that tract of land is zoned to specifically allow for multiple primary uses to exist.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
Future Land Use Map
The subject property is designated as appropriate for Low Density Residential on the Future Land Use Map (FLUM). Low Density Residential is defined as between 0 to 6 dwelling units per net acre. According the City of Grand Prairie 2010 Comprehensive Plan, the appropriate zoning districts for Low Density Residential may include Agricultural (A), Single-Family Estate (SF-E), Single Family 1-4 (SF-1) to SF-4) and a PD with one or more of these uses. Based on the SF-1 development standards that the applicant has chosen to utilize, the property is capable of accommodating up to 3.6 dwelling units per acre; however, based on the accompanying concept plan, the subject property will consist of only 3 dwellings units or 1.46 dwellings per acre. The proposal is consistent and in keeping with the FLUM.
Proposed Project Elements
The zone change and concept plan are intended to accommodate a proposed two-lot, single-family detached residential development on 2.055 acres. According to the applicant, the proposed two-lot development, while meeting the density and dimensional standards of the Single-Family (SF-1) District, is also intended to allow a total of three dwelling units that will be, at least initially, occupied by members of the same family. Staff understands that some of the project elements such as the orientation of the homes, location of the pool, open space and preservation of mature trees are intended to create a common outdoor area for the occupants of the three homes, while providing enough land area to legally separate the homes and outside area should the homes be owned and/or occupied by non-family members at some point in the future.
As stated above, the development will consist of two-lots and three dwelling units, including the existing dwelling unit. According to the Dallas Central Appraisal District, the exiting dwelling was constructed in 1962. This home is a slab on grade wood frame construction with brick veneer exterior walls and asphalt shingles. The total living area of this home is 1,500 square feet. The property does not have garage or carport. Due to the fact that Article 6 of the Unified Development Code (UDC) stipulates that the square footage of a living area of a dwelling unit shall be minimum of 2,400 square feet, and that Article 10 of the UDC requires all single-family dwelling to have a minimum of two (2) parking spaces in a garage, the existing dwelling unit is currently considered non-conforming. Through this PD process the applicant proposes to establish a revised minimum living square footage and parking standard within the PD for the existing home so that this home will comply to the newly created standards and therefore could be rebuilt should it be destroyed or damaged by more than 50% as detailed within Article 19: Non-Conforming Development of the UDC.
Proposed improvements to the property include the construction of two new homes (both are considered to be primary uses), one being a minimum of 2,400 square feet and the other being a minimum of 800 square feet. The larger home will have an attached two-car or larger garage. The smaller home will not have a garage, but will have a detached one-car or two-car carport. A one-car or two-car carport is also proposed to be constructed for the existing dwelling unit. The exact location of all the proposed structures has not been fully determined, but each structure will comply with the setback and other requirements of the final PD ordinance. Other proposed improvements include a pool, outbuildings, fencing, and other improvements that are typically found with single family development.
No internal streets are proposed, but rather the development will utilize the exiting driveway approach on Matthew Road as a shared access to the existing and future dwelling units. While an individual access approach to each of the proposed lots is acceptable from a transportation perspective, due to topographically conditions of the property, separate driveways are not practical. An access easement will be required when the property is platted to ensure legal access is provided across the servient estate to the dominant estate. A city approved and recorded plat will be required prior to the issuance of building permits for construction of the proposed dwelling units.
Dimensional Requirements
The proposed base zoning for this development is Single-Family (SF-1) District. The proposed concept plan meets all the applicable minimum/maximum density and dimensional standards except for the minimum living area of the existing home (1,500 sf) and the proposed guest home (800 sf). The following table provides the required density and dimensional standards for the SF-1 District.
|
Standard |
Required |
Meets |
|
Minimum Lot Area |
12,000 sf |
Yes |
|
Minimum Lot Width |
80 ft |
Yes |
|
Minimum Lot Depth |
120 ft |
Yes |
|
Front Yard |
30 ft |
Yes |
|
Rear yard |
10 ft |
Yes |
|
Internal Side Yard |
8 ft |
Yes |
|
Maximum Density |
3.6 |
Yes |
|
Minimum Living Area |
2,400 s.f. |
No |
|
Maximum Lot Coverage |
50 % |
Yes |
|
Minimum Masonry Content |
80% |
Yes |
|
Minimum Roof Pitch |
6:12 |
Yes |
RECOMMENDATION:
The Development Review Committee recommends approval of the requested zone change subject to staff comments and the following conditions:
1. Development will occur in substantial conformance with the UDC provisions, except where specifically mentioned in the PD ordinance.
2. That, unless explicitly indicated in the PD ordinance, all development will be subject to the UDC requirements.
That, unless explicitly indicated in the PD ordinance, in the event that conflicts occur between the PD and the UDC, the more restrictive shall apply.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY, AND USE OF A CERTAIN PROPERTY TO GRANT A ZONING CHANGE FROM SINGLE-FAMILY (SF-1) DISTRICT TO PLANNED DEVELOPMENT FOR SINGLE-FAMILY USES WITH SINGLE FAMILY (SF-1) DEVELOPMENT STANDARDS ON 2.055 ACRES LOCATED WITHIN THE W.H. BEEMAN SURVEY, ABSTRACT NUMBER 126, GRAND PRAIRIE, DALLAS COUNTY, TEXAS, AND AS MORE FULLY DESCRIBED BELOW, AND BEING ADDRESSED AS 4237 MATTHEW ROAD AND GENERALLY LOCATED SOUTH OF BARDIN ROAD AND EAST OF MATTHEW ROAD; SAID ZONING MAP AND ORDINANCE BEING NUMBERED 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 change the zoning designation of said property from Single Family (SF-1) to Planned Development for Single Family uses with Single Family (SF-1) District development standards; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on September 8, 2014 after written notice of such public hearing before the Planning and Zoning Commission on the proposed zoning change had been sent to owners of real property lying within 300 feet of the property on which the zoning change from Single Family (SF-1) to Planned Development for Single Family uses with Single Family (SF-1) District development standards 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 8 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to allow a zoning change from Single Family (SF-1) to Planned Development for Single Family uses with Single Family (SF-1) District development standards 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 16, 2014, to 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, Fort Worth, 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 zoning change 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 Single Family (SF-1) 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.
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:
"THE UNIFIED DEVELOPMENT CODE 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…”
being passed and approved November 20, 1990, as amended, is hereby further amended so as to change the zoning district from its classification from Single Family (SF-1) to Planned Development for Single Family uses with Single Family (SF-1) District development standards and described as shown on the approved zoning exhibit labeled as Exhibit A - Legal Description and Exhibit B - Location Map, which are incorporated herein by reference.
SECTION 2. Purpose and Intent
The purpose of this Planned Development District is to provide the appropriate restrictions and development controls to permit the development of single-family uses in a manner compatible with the surrounding development and zoning and in compliance with the City’s Comprehensive Plan and the Unified Development Code.
SECTION 3. Development Standards
The development shall be in substantial conformance with the development standards:
1. Any zoning, land use requirements and restrictions not contained within this Planned Development Ordinance shall conform to those requirements for the Single-Family (SF-1) District, as established 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 will prevail.
2. All development shall be in substantial conformance with the conceptual plans attached hereto as Exhibit C and Exhibit D.
3. The minimum living area of the dwelling units, as established by this ordinance, shall be as follows:
a. Existing dwelling unit: 1,500 square feet
b. Proposed main dwelling unit: 2,400 square feet
c. Proposed guest dwelling unit: 800 square feet
4. Notwithstanding the proposed location of the guest house as shown on the above referenced conceptual plans, the guest house may be located on either one of the two proposed lots, provided that the guest dwelling unit adheres to the dimensional standards of this ordinance.
5. The guest dwelling unit shall be considered a standalone primary use/structure with all the rights and privileges afforded a primary use/structure.
6. An enclosed garage is not required for either the existing dwelling unit or the guest dwelling unit. However, a minimum of two (2) off-street parking spaces shall be required for each dwelling unit.
7. Notwithstanding Section 6.6.2.1.A of Article 6 of the UDC, a separate carport, capable of covering, but not exceeding, up to two (2) vehicles is permissible by right (without Zoning Board of Adjustment and Appeals review and approval) via this ordinance, for the existing dwelling unit and guest dwelling unit, subject to the following conditions:
a. The carport will be setback a minimum of thirty (30) feet from all property lines adjacent to public rights‐of‐way,
b. The carport will be setback a minimum of three (3) feet from all internal property lines, and any projection or overhang of eaves, gutters, or other roof elements that protrude into the established building setback may not exceed twenty‐four (24”) inches in accordance with Section 6.5.1.A of Article 6 of the UDC,
d. The carport will not encroach, intrude, or overhang any easements that have been established on the subject property,
e. All areas beneath the roof of the carport should be paved with a city approved paving material and the poles or supports of the carport should be anchored in or to the paving,
f. The carport is to be constructed in a manner and design consistent in materials and color to the primary residential structure and may not be composed of any materials explicitly prohibited in Section 6.6.2.1.C of Article 6 of the UDC.
g. The carport does not pose a negative impact on any of the adjacent or surrounding properties based on its proposed location, design, or visual impact to the streetscape, and
h. The carport does not create a visual obstruction to motorists.
i. Proposed deviations to the above noted standards {Section III.7. (a - h)} may be appealed to the Board of Adjustment and Appeals.
SECTION 4.
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 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 16th DAY OF SEPTEMBER, 2014.
ORDINANCE NO. 9759-2014
PLANNED DEVELOPMENT NO. 348
CASE NO. Z140902