From
Chris Hartmann
Title
SU150901 - Specific Use Permit - Foster Acres Stable (City Council District 6). Approval for a Specific Use Permit for a Private Stable on 10.8 acres. The subject property is generally located east of S Caminos Lagos and south of S Grand Peninsula Dr. The property is zoned Agricultural and is within the Lake Ridge Corridor Overlay District. The owner is Richard Eldridge. (On August 31, 2015, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0.)
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
ADJACENT LAND USES AND ACCESS:
North - The properties to the north are zoned PD-271A for single-family detached residential purposes and Agriculture (AG) District. The residentially zoned properties are within the Mira Lagos D-1 and D-2 subdivisions. The AG zoned property is the location of the Mira Lagos gas well pad site operated by XTO Energy. Access to the gas pad site is from S. Grand Peninsula Drive at the intersection of E. Seeton Road. Access to the residential lots is from Roble and Alta streets that intersect with S. Grand Peninsula Drive
South - The properties to the south are zoned PD-271C for single-family detached residential purposes. These residentially zoned properties are within the Mira Lagos H subdivision operating as Las Brisas. Access to these residential lots is from Savannah Drive that intersects with E. Seeton Road and Neblina Drive that intersects with Seeton Drive.
East - The property to the east is a single 4-acre tract zoned Agriculture (AG) District. This property is developed with a detached single-family home and several out buildings. Access to the property is from Seeton Road.
West - The properties to the west are zoned PD-271A for single-family detached residential purposes. These residentially zoned properties are within the Mira Lagos G-1 subdivision.
PURPOSE OF REQUEST:
The applicant is seeking specific use permit approval to construct and operate a 1,440 sq. ft. private stable on 10.8 acres. In accordance with Section 14, “Use Charts” of the Article 4 of the Unified Development Code (UDC), a specific use permit is required to operate a Private Stable as a primary use. In addition, the development must meet the minimum development standards prescribed in the UDC for the Agriculture (AG) zone district, the property’s underlying zoning district classification. However, due to the private agricultural use, the overlay standards of Appendix F, “Corridor Overlay District Standards” of the UDC are not applicable.
PROPOSED CHARACTERISTICS AND FUNCTION:
Use
As stated above, staff has classified the proposed use as a “Private Stable Primary Use” as the property has neither a home nor another principal use yet established. Based on the submitted Operational Plan and conversations with the applicant/property owner, Richard Eldredge, staff understands the Mr. Eldredge intends to develop the 10.8 acre tract as his family’s residence, but that he initially wants to build the stable to house his four (4) personal horses prior to constructing his family’s residence. Mr. Eldredge anticipates that the home will be built on the property sometime within next two years. Once the home is built and occupied, staff will reclassify the “Private Stable Primary Use” to “Stables Accessory Use”, which is a permitted use by right in the AG District.
According to the Grand Prairie Municipal Code (Municipal Code), equine animals or horses are defined as livestock and are subject to the rules and regulations governing livestock as generally found in Chapter 5 of the Municipal Code. Of specific regulatory importance, Section 5.26 of the Municipal Code states that the keeping of livestock is prohibited in any pen, stable, shed, or enclosure at a distance less than one hundred (100) feet from any residence, business or commercial establishment or office, (other than the owner's), grocery stores, restaurants, schools, hospitals and nursing homes. Section 5.26 of the Municipal Code further states that a minimum of 5,000 square feet of land area is required for each animal. As proposed, the above noted standards have been met. However, to ensure compliance, these standards will be included as a condition within the SUP ordinance.
Finally, Section 5.29 of the Municipal Code further requires that the owner keeping or harboring any livestock, fowl or animal shall keep all yards, pens, stables, sheds, coops or other enclosures in which such animals are confined in such a manner so as not to give off odors offensive to persons of ordinary sensibilities residing in the vicinity, or to breed or attract flies, mosquitoes, or other noxious insects or rodents, or in any manner to endanger the public health, safety or welfare, or create a public nuisance. The applicant intends to allow the four (4) horses to roam the entire 10.8 acre subject property and therefore staff does not anticipate any issues offensive odors or pests. As proposed, staff finds that the above noted standards have been met. However, should offensive odors or problems with pest arise; it is the responsibility of the Mr. Eldredge to adequately address the problem. To ensure compliance, these standards will be included as a condition within the SUP ordinance.
Site & Access
The subject 10.8 acre property is located on the “Peninsula” in south Grand Prairie. The property directly abuts S. Grand Peninsula Drive on its north side and Seeton Road on its south side. The property is undeveloped save a couple of dilapidated outbuildings and an approximately 2 acre pond and two earthen levee bridges crossing the pond.
Of the property’s 10.8 acres, which was recently platted as Lot 2, Block 1 of the Foster Acres Addition, only 2.55 acres is actually developable as the balance of the property is located within the flood plain and not developable as is. The floodplain bifurcates the developable area of the property into two sections, 0.699 acres on the north side and 1.85 acres the south side, respectfully. The horse stable is proposed to be located on the smaller buildable pad site.
Access from the subject property to the public road system is from an existing driveway along Seeton Road. Access from the main building pad site (location of the applicant’s future residence) to the smaller buildable pad site is via one of the two internal levees located on the property or along the west fence property line when the ground is dry. There is not currently an access from the subject property, nor is one proposed, along on S. Grand Peninsula, which is in keeping with the Development Review Committee (DRC) comments. As contained in the DRC comments, Transportation Services provided comments that state: 1) no new median opening will be allowed on South Grand Peninsula and, 2) a residential drive is not allowed onto South Grand Peninsula.
Building
The proposed private stable is a 36’ x 40’ (1,440 sq. ft.) wood frame structure with a traditional “monitor” roof design that consists of a taller (two story) center structure w/ 4:12 gable roof and two attached wings sections (one story each) with opposite facing 4:12 shed roofs. The three roofs are proposed to be covered with 240 lb. fiberglass shingles. The exterior of the stable is proposed to be clad brick or stone and painted to match the surrounding residential homes. The building includes two large doors located on each end of the building that are large enough to accommodate a passenger vehicle or tractor. The building also includes one service door and several windows and the option for additional side entry service doors.
Fencing
There is an existing wood rail fence that encompasses the entire property. No other fencing is proposed at this time.
Landscaping
As this is a private stable for no more than four (4) personal horses of the property owner, no additional landscaping is proposed or required at this time.
COMPREHENSIVE PLAN:
The subject property is designated as appropriate for Low Density Residential on the Future Land Use Map (FLUM). The proposal is consistent with the FLUM.
REQUESTED APPEALS BY APPLICANT:
No Appeals
RECOMMENDATION:
The Development Review Committee recommends approval of this case.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY, AND USE OF CERTAIN PROPERTY TO INCLUDE A SPECIFIC USE PERMIT FOR THE OPERATION OF A PRIVATE STABLE PRIMARY USE, TO WIT: BEING SITUATED IN THE FOSTER ACRES ADDITION, TARRANT COUNTY, TEXAS, AND AS MORE PARTICULARLY DESCRIBED BELOW; 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 amend the zoning designation of said site to include a Specific Use Permit authorizing the operation of a Private Stable Primary Use in the Agriculture (A) District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on August 31, 2015, after written notice of such public hearing before the Planning and Zoning Commission on the proposed Specific Use Permit had been sent to owners of real property lying within 300 feet of the property on which the creation of a Specific Use Permit authorizing the operation of a Private Stable Primary Use in the Agriculture (A) District 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 9 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to allow a Specific Use Permit authorizing the operation of a Private Stable Primary Use in the Agriculture (A) District; 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 15, 2015, 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 Specific Use Permit and the City Council of the City of Grand Prairie, Texas, being informed as to the location and nature of the specific 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 to the extent that a specific use may be made of said property as herein provided 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 Unified Development Code 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..."
passed and approved November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit numbered 975 for the property location as shown in Exhibit A - Location Map and as legally described in Exhibit B - Legal Description attached hereto.
SECTION 2. Purpose and Intent
The purpose of this Ordinance is to provide the appropriate restrictions and development controls that ensure this Specific Use Permit is compatible with the surrounding development and zoning and to also ensure that the development complies with the City’s Comprehensive Plan and Unified Development Code.
.
SECTION 3. Specific Use Permit
For the operation of a Private Stable Primary Use in the Agriculture (A) District, the following conditions are hereby established:
1. The Private Stable Primary Use shall be in substantial conformance with Exhibit C - Site Plan and all applicable standards of the Grand Prairie Municipal Code and Unified Development Code, as may be amended.
2. No more than four (4) horses may be boarded within the stable and/or on the grounds of the subject property.
3. In accordance with Section 5.26 of the Grand Prairie Municipal Code, each horse shall be provided a minimum of 5,000 square of land area in which to occupy. Further, the keeping of one (1) or more of the four (4) permitted horses is prohibited within any pen, fence, corral, or structure that is less than one hundred (100) feet from any residence, business or commercial establishment or office (other than the owners), grocery stores, restaurants, schools, hospitals and nursing homes.
4. Notwithstanding Article 19: Non-Conforming Development of the UDC, should a neighboring property be developed so as to have a use and/or structure listed above, that once constructed and duly occupied, that is less than 100 feet from a pen, fence, corral, or structure that has been built or used to confine and/or house one (1) or more of the four (4) permitted horses, the non-compliant pen, fence, corral, or structure shall be moved, at the owner’s expense, so as to maintain a minimum of 100 feet of separation between the two opposing uses.
5. In accordance with Section 5.29 of the Grand Prairie Municipal Code, any pen, corral, stable or other enclosure and/or grounds of the subject property shall be maintained in such a way so as not to give off odors offensive to persons with ordinary sensibilities residing in the vicinity, or to breed or attract flies, mosquitoes, or other noxious insects or rodents, or in any manner endanger the public health, safety or welfare, or create a public nuisance.
6. The property includes floodplain. The proposed improvement is located outside the floodplain. Therefore, Part 1 of the floodplain development permit (FDP) is required. FDP 20150805-1 was issued on August 6, 2015 and is valid through August 6, 2016 for the purpose of constructing the proposed horse barn outside the floodplain.
7. If the proposed improvement is changed to be located within the floodplain, then the FDP Part 2 will be required. In which case, the base flood elevation cannot be increased, and the valley storage must be maintained. If any of the property is raised out of the floodplain, a Letter of Map Revision (LOMR) will be required after the project is complete.
8. It is the owner’s responsibility to confirm any requirements from the USACE for work within the flowage easement of Joe Pool Lake.
9. City approved floodplain study of Foster Branch through the property is required to establish the BFE for design of improvements for the site; access roads and parking areas should be no lower than one foot above the BFE for the site; the lowest finished floor of any proposed structure for the site must be at least 2 feet above the BFE determined for the site;
10. Approved grading and erosion control plans required prior to starting any earth disturbing activities and approval of any building permit associated with such activity.
11. No new median opening will be allowed on South Grand Peninsula.
12. A residential drive is not allowed onto South Grand Peninsula.
SECTION 3. Compliance
1. By this Ordinance, this Specific Use Permit shall automatically terminate in accordance with Section 5.4.1 of the Unified Development Code if a Certificate of Occupancy is not issued for said use within one (1) year after City Council adoption of this Ordinance, or upon cessation of said use for a period of six (6) months or more.
2. Furthermore, by this Ordinance, the City Council shall conduct a public hearing one (1) year after City Council approval of this Specific Use Permit to confirm compliance with all applicable codes which shall include, but not be limited to, the requirements of this Ordinance, the Unified Development Code, the City of Grand Prairie Code of Ordinances, city adopted building codes, city adopted fire codes and with other applicable regulatory requirements administered and/or enforced by the state and federal government.
3. It shall be unlawful for the owner, manager, or any person in charge of a business or other establishment to violate the conditions imposed by the City Council when a Specific Use Permit is granted, and the violation of those conditions could result in a citation being issued by the appropriate enforcement officers of the City of Grand Prairie. Violation of this provision may be punishable in accordance with Section 1-8 of the Code of Ordinances of the City.
4. This Specific Use Permit shall run with the land and therefore may be transferred from owner to owner; however, each new owner shall obtain a new Certificate of Occupancy
5. The Certificate of Occupancy shall note the existence of this Specific Use Permit by its number and title.
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 THE 15TH of September, 2015.
Ordinance No. 9912-2015
Specific Use Permit No. 975
Case No. SU150901