From
Chris Hartmann
Title
Z160701 - Zoning Change - 1606 Ranch Road (City Council District 6). 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 is currently zoned Agriculture (A) District, and is located south of Camp Wisdom Road and east of Matthew Road. The agent is William Edwards, WR Edwards Group and the owner is Jessie Martinez. (On July 11, 2016, the Planning and Zoning Commission recommended approval of this request by a vote of 6-0).
Presenter
Chief City Planner Jim Hinderaker
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 - The parcels to the north and abutting Corral Road are also within the Matthew Road Mobile Home Estates community. Based on aerial photography and a windshield survey, the majority of these lots appear to be built-out with mobile and manufactured homes. Only a couple lots are un-built and vacant.
South - The parcels to the south are also within the Matthew Road Mobile Home Estates Community, which, except for one-lot zoned Single Family-Five (SF-5), are all zoned Agriculture (A). These lots, again based on aerial photography and a windshield survey, appear to be built-out with mobile and manufactured homes. Several lots are un-built and vacant.
East - Mobile and manufactured homes exist to the east and are zoned Agriculture (A) District. Two parcels are zoned Single Family-Five (SF-5). These adjacent parcels are also within the Matthew Road Mobile Home Estates.
West - Mobile and manufactured homes exist to the west and are zoned Agriculture (A) District. 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:
Use - Article 26 of the Unified Development Code (UDC) requires mobile or manufactured homes to be located either within a Planned Development for Manufactured Homes or if located within the Agricultural District, the entire mobile home park development must be of a minimum lot size of 20-acres and have an approved Specific Use Permit (SUP). Based on these standards, the subject property is non-conforming.
In accordance with Article 26 of the Unified Development Code (UDC), mobile or manufactured homes that are non-conforming land uses, buildings and /or structures shall follow the requirements of Article 19, “Non-conforming Development,” of the UDC. In other words, an existing mobile or manufactured home located within the Matthew Road Mobile Home Estates may not be repaired or replaced if the cost to renovate, repair, or replace exceeds fifty-percent (50%) of the fair market value of the materials and services necessary to accomplish said work. Section 19.7.1 of Article 19 of the UDC states that when a non-conforming use of land or structure are discontinued for a period of six (6) months, such use shall conclusively be deemed to have been abandoned and shall not be resumed. Based on these standards, neither a mobile nor manufactured home may be permitted on the property.
As stated above, 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 at this location. 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 proposal is conformance with the 2010 Future Land Use Plan of the Comprehensive Plan as approved in 2010.
PROJECT’S VESTED STATUS:
The mobile home park is not vested. However, as discussed above, there have been several attempts to bring the property into some level of conformance over the years.
DENSITY AND DIMENSIONAL IMPACTS:
Density and dimensional standards are highlighted below. All standards have been met.
|
ORDINANCE PROVISION (under UDC) |
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:
The Development Review Committee as recommends approval of the requested zoning change from Agriculture (A) District to Single Family-Five (SF-5) District.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE ZONING ORDINANCE AND MAP BY SHOWING THE LOCATION, BOUNDARY AND USE OF A CERTAIN PROPERTY GRANTING A ZONING CHANGE FROM AGRICULTURE (A) DISTRICT TO SINGLE FAMILY-FIVE (SF-5) DISTRICT ON 0.43-ACRES OF LAND OUT OF THE THOMAS J. TONE SURVEY, ABSTRACT NO. 1460, MATTHEW ROAD MOBILE HOME PARK LOT 84, BEING SITUATED AT 1606 RANCH ROAD IN THE CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS; SAID ZONING MAP AND ORDINANCE BEING NUMBERED ORDINANCE 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 rezone and reclassify said property from its classification of Agriculture (A) District to Single Family-Five (SF-5) District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on July 11, 2016 after written notice of such public hearing before the Planning and Zoning Commission on the proposed rezoning had been sent to owners of real property lying within 300 feet of the property on which the change of classification 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 6 to 0 to recommend to the City Council of Grand Prairie, Texas, that the hereinafter described property be rezoned from its classification of Agriculture (A) District to Single Family-Five (SF-5) 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 August 2, 2016 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 proposed rezoning 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 Agriculture (A) District to Single Family-Five (SF-5) 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:
"AN ORDINANCE AMENDING IN ITS ENTIRETY CHAPTER 28 OF THE CODE OF ORDINANCES KNOWN AS THE ZONING ORDINANCE 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..."
and passed and approved November 20, 1990, as amended, is hereby further amended so as to rezone the following described area from its classification of Agriculture (A) District to Single Family-Five (SF-5) District as depicted in Exhibit A - Location Map and legally described as 0.43-acres of land out of the Thomas J. Tone Survey, Abstract No. 1460, Lot 84, Matthew Road Mobile Home Park and more specifically described in Exhibit B - Legal Description.
SECTION 2. PURPOSE AND INTENT
The intent of this zoning ordinance is to create a development framework that encourages and supports standards of the Single Family-Five (SF-5) District.
SECTION 3. PERMISSIBLE USES
1. All principal uses shall be limited to those uses listed under the Single Family-Five (SF-5) District as contained within the Use Charts of Section 14, Article 4 of the Unified Development Code, as may be amended.
2. No principal use shall be permitted unless a symbol appears below the Single Family-Five (SF-5) column and opposite the row of a listed use contained within the Use Charts of Section 14, Article 4 of the Unified Development Code, as may be amended.
a. The symbol “X” shall mean that the principal use is permitted as a use by right.
b. The symbol “S” shall mean that the principal use is permitted only after obtaining a “Specific Use Permit” as set forth in Article 5, “Specific Uses” of the Unified Development Code, as may be amended.
c. A blank square shall mean that the principal use is not allowed.
3. Accessory and temporary uses shall be permissible in accordance with Article 4 of the Unified Development Code, as may be amended.
SECTION 4. DIMENSIONAL AND DEVELOPMENT STANDARDS
1. All development shall conform to the dimensional and development standards of the Single Family-Five (SF-5) District of the Unified Development Code, as may be amended.
2. Where there is a conflict between the Unified Development Code and this Ordinance, unless explicitly contained in this ordinance, the more restrictive will prevail.
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 ON THIS 2ND DAY AUGUST, 2016.
ORDINANCE NO. 10110-2016
ZONING CASE NO. Z160701