From
Chris Hartmann
Title
Z190101 - Zoning Change - 1002 Small Street, Residential (City Council District 5). Zoning Change for 0.990 acre tract from General Retail (GR) to Single Family-Four Detached residential (SF-4) District to allow for the zoning to conform to the existing residential land use. Being a 0.990 acre tract located in the Richard Wilson Survey, Abstract No. 1528, Page 20, City of Grand Prairie, Dallas County, Texas. Zoned GR, generally located at the northeast corner of NE 10th Street and Small Street. The property is located in City Council District 5. The owner is Charles/Katie Hughes. (On January 7, 2019, the Planning and Zoning Commission recommended approval of this request by a vote of 7-0).
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
Approval of a Zoning Change from General Retail (GR) District to Single Family-Four (SF-4) District for the conformity of existing single family residential land uses on the property. The subject property is currently zoned General Retail (GR) District. The 0.990 acre, unplatted property is generally located at the northeast corner of 10th Street and Small Street, more specifically addressed at 1002 Small Street. The property is located in City Council District 5.
ADJACENT LAND USES:
North - Parcels north of the subject property are zoned Two Family (2F) District and used for single family detached residential uses.
South - Vacant properties to the south and across Small Street are zoned General Retail (GR) District.
East - Located east of the subject property is zoned General Retail (GR) District and used for place of worship (Khoun Viet Buddhist Temple).
West - The property to the west and across N.E. 10th Street is zoned General Retail (GR) District and used for single family residences.
PURPOSE OF REQUEST:
The applicant is requesting a zoning change of a 0.990-acre property from General Retail (GR) District to Single Family-Four (SF-4) District in order to conform with the surrounding residential land uses. The original single story 2,700 square foot home was constructed in the mid-1940s. Consisting of wood frame construction and exterior brick veneer. The home has a pier and beam foundation. The current owner/applicant has resided in the house for multiple years dating back beyond 1990s and has since retired and their family plan to relocate.
Previous Use Charts in the Unified Development Code (UDC) allowed for single family uses by right within the GR zoning district and has since been revised. The revision of the Use Charts essential restricts single family uses in GR districts and thereby making all single family land uses within GR nonconforming. Note: Any nonconforming structures on the property are not made legal by the rezoning and will be governed by Article 19 of the Unified Development Code.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map (FLUM) of the 2010 Comprehensive Plan shows this area as appropriate for Low Density Residential uses. The proposed zoning change for Low Density Residential (LDR) uses is consistent with the FLUM.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The 0.990 acre unplatted property dates back to the mid-1940s. The existing home is situated towards the southwestern portion of the tract (near the Small Street at 10th Street intersection. Over the years, improvements include a detached garage, a wood shop, gazebo, wood deck and an accessory storage building. The dimension of the tract are 149’ width and approximately 290’depth; therefore, if redeveloped the property could accommodate four (4) SF-4 single family Detached residential homes.
ZONING REQUIREMENTS:
If rezoned to Single Family-Four (SF-4) District, the subject property will be governed by the Single Family-Four (SF-4) District standards. Future lots and new development must conform to the density and dimensional requirements of the Unified Development Code.
|
ORD PROVISION (under UDC) |
SF-4 REQUIREMENT |
|
Unit Density |
5.8 units-per-acre |
|
Min. Unit Size |
1,800 SF |
|
Min. Lot Size |
7,200 SF |
|
Min Lot Width |
60 feet |
|
Min Lot Depth |
110 feet |
|
Front Yard Setback |
25 feet |
|
Internal Side Yard |
6 feet |
|
Side Yard at Street |
15 feet |
|
Rear Yard Setback |
10 feet |
|
Bldg. Separation |
6 feet |
|
Bldg. Height |
25 feet to top plate |
|
Bldg. Coverage |
50% |
|
Exterior Masonry |
80% to roof line |
|
Roof Pitch |
6:12 |
REQUESTED APPEALS BY APPLICANT:
No appeals are being requested by the applicant.
RECOMMENDATION:
The Development Review Committee recommends approval of the requested zoning change from General Retail (GR) District to Single Family-Four (SF-4) District.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE ZONING MAP AND ORDINANCE TO REZONE 0.990 ACRE OF LAND OUT OF THE RICHARD WILSON SURVEY, ABSTRACT 1528, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS FROM GENERAL RETAIL (GR) DISTRICT TO SINGLE FAMILY 4 (SF-4) RESIDENTIAL DISTRICT FOR RESIDENTIAL USES; 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 owner 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 General Retail (GR) District to Single Family 4 (SF-4) District; allowing for residential uses; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on January 7, 2019 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 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 7 to 0 to approve the request to allow a zoning change from General Retail (GR) District to Single Family 4 (SF-4) District; allowing for residential uses; and
WHEREAS, the owner of the property filed an application with the City of Grand Prairie, Texas, that the request be forwarded to the City Council for consideration; 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 P.M. on January 22, 2019, to consider the advisability of amending the Zoning Ordinance and Map, 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 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, changing the zoning from General Retail (GR) District to Single Family 4 (SF-4) District; allowing for residential uses.; 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 of the following described area from its classification of General Retail (GR) District to Single Family 4 (SF-4) District; allowing for residential uses.
Description of Land:
Being a 0.990-acre tract located in the Richard Wilson Survey, Abstract No. 1528, Page 20, City of Grand Prairie, Dallas County, Texas’ generally located at the northeast corner of NE 10th Street and Small Street and as depicted in Exhibit A - Zoning Boundary, incorporated herein by reference;
SECTION 2.
THAT, land uses shall be restricted to those uses permitted in the Single Family 4 (SF-4) District allowing for residential uses as specified in Article 4 - “Permissible Uses” of the Unified Development Code of the City of Grand Prairie, Texas, as amended, notwithstanding that any non-conforming uses existing on the property which are not those uses specified in Article 4 as allowable within the SF-2 district be allowed to continue until such time as those non-conforming uses shall cease for a period of six (6) months or more.
SECTION 3.
Any structure on the property described in Exhibit A hereby made non-conforming by this ordinance shall be subject to the requirements and procedures of Article 19 of the Unified Development Code.
SECTION 4.
THAT, any future development of the property shall require a Final Plat.
SECTION 5.
THAT, if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provisions and such holding shall not affect the validity of the remaining portions thereof.
SECTION 6.
THAT this ordinance shall be in full force and effect from and after its passage, approval and publication.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS the 22nd OF January 2019.
ORDINANCE NO. 10586-2019
CASE NO. Z190101