From
Chris Hartmann
Title
Z190103 - Zoning Change - 1310 Ranch Road, Residential (City Council District 6). Rezone 0.43 acres from A, Agricultural District to SF, Single-Family Residential District for the purpose of constructing a single-family home. Described as Tract 77, SH 1B, Matthew Road Mobile Home Estates, 0.43 acres out of the Thomas J. Tone Survey, Abstract No. 1460, City of Grand Prairie, Dallas County, Texas, zoned A, Agricultural District. The owner is Benito Galarza. (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 Agriculture (A) District to Single Family-Five (SF-5) District for the construction of a single family detached residence. The subject property, zoned Agriculture (A) District, is located south of Camp Wisdom Road and east of Matthew Road.
ADJACENT LAND USES AND ACCESS:
North - Mobile and manufactured homes zoned Agriculture (A). Several lots are un-built and vacant. These adjacent parcels are also within the Matthew Road Mobile Home Estates.
South - Mobile and manufactured homes zoned Agriculture (A). Several lots are un-built and vacant. These adjacent parcels are also within the Matthew Road Mobile Home Estates.
East - Mobile and manufactured homes zoned Agriculture (A) District. These adjacent parcels are also within the Matthew Road Mobile Home Estates.
West - Mobile and manufactured homes zoned Agriculture (A) District. Four parcels are zoned Single Family-Five (SF-5). These adjacent parcels are also within the Matthew Road Mobile Home Estates.
PURPOSE OF REQUEST:
The applicant is requesting a zoning change of an existing 0.43-acre lot located within the Matthew Road Mobile Home Estates from Agriculture (A) District to Single Family-Five (SF-5) District, which is necessary to allow a site built home to be constructed and occupied at this location. The applicant proposes to build an approximately 1,465 sq. ft. three-bedroom, two-bath home with an attached 400 sq. ft. double-car garage for a total building footprint of 1,865 sq. ft.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The applicant is seeking a zoning change from Agriculture (A) District to Single Family-Five (SF-5) District to allow for the construction and occupancy of a detached site built home. A detached single-family home is permitted in the Agriculture (A) District, but the existing lot size (0.43 acres) does not meet the minimum density allowed (0.2 units per acre or 1 home per 5 acres) within the Agriculture (A) District. However, if the property is rezoned to Single Family-Five (SF-5) District, the property and home will meet the minimum density and dimensional requirements of the Unified Development Code. The maximum density allowed in the SF-5 District is 8.7 dwelling units per acre.
A single-family residence requires connection to a sewer system, a water source, and adequate access. The applicant has addressed these functions as follows:
Sewer System - A site built house will need to provide a sewer system that meets the requirements of the Environmental Services Division. The applicant understands that the current septic system will likely need to be upgraded or replaced pending the completion of site and soil evaluations based on the size of the home and the number of bathrooms.
Water Source - The Matthew Road Mobile Home Estates community provides water for its parcels through a private water district. There are no fire hydrants located within the mobile home park.
Adequate Access - The subject property is accessed via Ranch Road, a 60-ft. prescriptive easement. This roadway is maintained, at a very minimal level, by individuals within the Matthew Road Mobile Home Estates community.
ZONING HISTORY:
The Matthew Road Mobile Home Estates community was established in 1968 by metes and bounds. The mobile home park is not platting. The lots were created by deed and sold off individually as mobile home lots. The City of Grand Prairie annexed the development in August of 1969. The subject property has been zoned Agriculture (A) District since it was annexed. To date, the development has not been platted nor have the street right-of-ways within the development been dedicated to the public.
On October 25, 1977, the City Council denied a petition from Ben McDonald, the original developer of the mobile home park, to rezone the property from Agriculture (A) to Planned Development with a Specific Use Permit for mobile homes.
On March 7, 1978, George Roberts, a resident of the Matthew Road Mobile Home Estates, spoke to the City Commission regarding his desire to have the City furnish water and sewer service to the development. He stated that he was in charge of the water coop and that the system was not up to standards and that the State Health Department may suspend operations. The Council directed staff to study the situation and prepare cost estimates to furnish water, sewer, streets and drainage for the development. Staff provided the cost estimates to Council at two subsequent Council meetings. No action was taken.
Ordinance No. 3397, adopted in October of 1982 provided the framework for Section 1.11.7.11 of the UDC (subsequently amended in 2008 per Ordinance No. 7737) that established a Special Exception for Mobile Homes authorizing the Zoning Board of Adjustments and Appeals (ZBA) to grant an exception allowing the replacement of existing mobile homes when meeting certain criteria. In short, none of the existing mobile or manufactured homes could legally be replaced without prior approval of the ZBA.
On February 23, 1988, a City Council Workshop was held to discuss nonconforming land uses within the Matthew Road Mobile Home Estates. Discussion included a need to consider amortization of the mobile homes, formation of committee to review the history and intent of previous City Council action, and that the City Council should begin planning for development of streets, water, and sewer to the area. Following discussion, a committee was formed to review the matter and make recommendations to City Council.
On April 24, 1990, another City Council Workshop was held to discuss issues related to the inability of property owner to obtain permits for electrical hookups for a new mobile home. Staff informed Council that the mobile home park was zoned Agriculture (A), that the mobile homes within the park are non-conforming, and that the present ordinances precludes the placement of a new mobile, except under certain conditions, and that permits for electrical hookups could not be issued under the current ordinance. After discussion, the Council instructed Staff to initiate a zoning change, as well as amendments to other city ordinances to allow the movement of mobile homes on and off owner occupied properties.
On May 22, 1990, City Council considered a request for a zoning change from Agriculture (AG) to Planned Development for Single Family-Detached and Mobile Home Uses. After considerable discussion involving future uses, availability of services, outstanding code violations, the Council tabled the matter to the June 19, 1990 City Council meeting and directed staff to discuss the matter further at the June 5, 1990 workshop.
At the June 5, 1990 workshop, Council members and staff discussed whether the long term plans for the property should remain mobile home uses or whether the mobile home use should be phased out. It was noted that the P & Z Commission had recommended approval of the zone change to Planned Development to allow for modular or site built homes, but it was also noted that this action may legalize existing non-conforming uses, including a recreational vehicle being used as a residence on one of the lots. The workshop concluded with several Council members stating the that mobile home park should be phased out and that a completely new Planned Development be established that incorporates some of the concepts from the Spring Creek Mobile Estates and the Matthew Road Mobile Home Estates.
On June 19, 1990, City Council continued discussion regarding the Matthew Road Mobile Home Estates as tabled from the May 22, 1990 public hearing and considered a new Planned Development ordinance that would rezone the property for HUD-compliant manufactured housing, modular housing, and single family detached housing and establishing density and dimensional standards along with masonry standards. The proposed ordinance would also allow the replacement of any owner-occupied mobile home without any further approvals required other than building permits. After considerable discussion and a failed motion to approve, the Council table the matter to the August 7, 1990 City Council meeting and directed staff to discuss the matter further at the July 31, 1990 workshop.
At the July 31, 1990 workshop, the item was tabled to a later date to allow the committee time to complete its review and prepare a recommendation. Several additional workshops were held over the following months to review the numerous issues associated with the property, but the committee was unable to reach a consensus for the best solution to the situation. The committee requested that staff identify six specific options and forward the case to the entire Council for final deliberations at the May 21, 1991 City Council meeting.
On May 21, 1991, the City Council tabled the matter to the May 28, 1991 City Council meeting. The Council tabled the matter again during their May 28, 1991 to the June 4, 1991 City Council meeting. During the June 4, 1991 City Council meeting, the Council tabled the matter indefinitely.
On April 17, 2007, the City Council approved a zone change from Agriculture (A) to Single Family-Five (SF-5) for 1801 Ranch Road in order for the applicant to build a site built home. The home has been constructed and is occupied.
On May 15, 2007, the City Council approved Ordinance 7590 that created Article 26, “Mobile/Manufactured Home and Recreational Vehicle Regulations” of the UDC. The new regulations created a process to allow for a mobile/manufactured home to be permitted in the Agriculture (A) District via the Specific Use Permit (SUP) process.
On February 19, 2008, the City Council approved Ordinance 7737 that repealed Section 1.11.7.11 “Special Exceptions for Mobile Homes” of Article 1 of the UDC that granted the ZBA the authority to grant exceptions for the replacement of mobile/manufactured homes within the City. Ordinance 7737 also amended parts of Article 26 of the UDC related to mobile/manufactured homes.
On June 18, 2013, the City Council approved a zone change from Agriculture (A) to Single Family-Five (SF-5) for 1714 Ranch Road in order for the applicant to build a site built home.
On August 20, 2013, the City Council approved a zone change from Agriculture (A) to Single Family-Five (SF-5) for 1708 Ranch Road in order for the applicant to build a site built home. .
Currently there are 122 lots within the Matthew Road Mobile Home Estates development. Of the 122 lots, 87 have homes and/or structures on them and 30 lots are vacant. Of the 30 vacant lots, 7 lots are owned by the U.S. Corp. of Engineers and 23 lots are privately owned.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The future land use designation for the entire park is Low-Density Residential. The proposal conforms with the Future Land Use Plan of the Comprehensive Plan as approved in December 2018.
DENSITY AND DIMENSIONAL IMPACTS:
Density and dimensional standards are highlighted below. All standards have been met.
|
ORDINANCE PROVISION |
SF-5 REQUIREMENTs |
|
Unit Density |
8.7 units-per-acre |
|
Min. Unit Size |
1,600 SF |
|
Min. Lot Size |
6,500 SF |
|
Min Lot Width |
60 feet |
|
Min Lot Depth |
100 feet |
|
Front Yard Setback |
25 feet |
|
Internal Side Yard |
5 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:
At its January 7, 2019 meeting, the Planning and Zoning Commission voted 7-0 to recommend approval per conditions recommended by staff.
Staff recommends approval of the requested zoning change from Agriculture (A) District to Single Family-Five (SF-5) District subject to the following conditions:
1. Approval is obtained for the use of a new septic system and safe removal of any existing system.
2. A Final Plat is approved prior to construction and filed prior to occupancy.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE ZONING MAP AND ORDINANCE TO REZONE 0.43 ACRES OF LAND OUT OF THE THOMAS J. TONE SURVEY, ABSTRACT 1460, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS FROM AGRICULTURAL (AG) DISTRICT TO SINGLE FAMILY 5 (SF-5) 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 Agricultural (AG) District to Single Family 5 (SF-5) 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 Agricultural (AG) District to Single Family 5 (SF-5) 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 Agricultural (AG) District to Single Family 5 (SF-5) 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 Agricultural (AG) District to Single Family 5 (SF-5) District; allowing for residential uses.
Description of Land:
Being a 0.43-acre tract located in the Thomas J. Tone Survey, Abstract No. 1460, City of Grand Prairie, Dallas County, Texas, further described as Matthew Road Mobile Home Park, Tract 77 and 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 5 (SF-5) 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.
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. XXXXX-2019
CASE NO. Z190103