From
Chris Hartmann
Title
Z150902 - Zoning Change - Beacon and Barnett Tracts (City Council District 6). Rezone 19.32 acres from Agriculture (A) District to Single Family-4 (SF-4) District. The 19.32-acre property, located at 1231 and 701 E. Seeton Rd., is zoned Agriculture District and is within the Lakeridge Parkway Overlay District. The applicant is J. Waymon Levell, First Southwest Properties Management Co. and the owner is Mike Martinez, Edge Barnett, LLC and Rodney Mellott, Beacon E&P Company, LLC. (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
SUMMARY:
Consider a request to rezone 19.32 acres from Agriculture (A) District to Single Family-4 (SF-4)
District. The 19.32-acre property, located at 1231 and 701 E. Seeton Rd., is zoned Agriculture District and is within the Lakeridge Parkway Overlay District.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Use |
|
North |
Agriculture (A) District with Lakeridge Parkway Overlay District |
Undeveloped |
|
South |
Agriculture (A) District with Lakeridge Parkway Overlay District |
Undeveloped |
|
East |
Joe Pool Lake |
Joe Pool Lake |
|
West |
PD-336 for single family residential uses with Lakeridge Parkway Overlay District |
Single Family Residential |
PURPOSE OF REQUEST:
The applicant is proposing to change the zoning on 19.32 acres in the Agriculture (A) District to Single Family-4 (SF-4) District to permit single family residential uses. The property is developed with a single family residence and is approved for gas well production.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map (FLUM) of the 2010 Comprehensive Plan shows this area as appropriate for Low Density Residential (LDR) uses and Opens Space/Drainage uses. The 2010 Comprehensive Plan specifies appropriate density in the LDR classification is 0 - 6 dwelling units per net acre. This density translates to adopted zoning districts such as A, SF-E (Single Family Estate), SF-1 (Single Family One) to SF-5 (Single Family Five). The request would rezone the property to SF-4 District with a density of 5.8 dwelling units per acre. This use is consistent with the FLUM.
ZONING REQUIREMENTS
The applicant proposes to develop the property in accordance with the SF-4 (Single Family 4) adopted standards contained in the Unified Development Code (UDC).
Dimensional Requirements
The following table details the SF-4 dimension requirements. Subsequent preliminary and final plats will be required to conform to these regulations.
|
Standard |
Required |
|
Minimum Lot Area |
7,200 sf. |
|
Minimum Width |
60 ft. |
|
Minimum Depth |
110 ft. |
|
Front Yard Setback |
25 ft. |
|
Rear Yard |
10 ft. 20 ft. - adjacent to arterial |
|
Side Yard |
6 ft. - interior 15 ft. - side on street |
|
Maximum Height |
25 |
|
Maximum Lot Coverage |
50% |
|
Minimum Masonry Content |
80% |
|
Minimum Roof Pitch |
6:12 |
|
Minimum Living Area |
1,800 sf. |
|
Max. Density |
5.8 dwelling units/acre |
ADDITIONAL ENCUMBRANCES
The property is within Public Improvement District (PID) 8 and participation in the PID is mandatory. Additionally, at the time of preliminary plat the applicant will be required to provide a copy of the draft Homeowners Association documents along with perimeter landscape and wall plans.
GAS WELL
The property is currently approved for gas well production. The applicant has submitted documentation which indicates the gas well operation and gas well buffer easements have been abandoned. Prior to approval of a preliminary plat all processes necessary to officially abandon the well will be completed.
RESOLUTION 3924
Residential subdivisions in the City are reviewed against the provisions of Resolution 3924 in addition to other applicable provisions of the Code of Ordinances. Subsequent preliminary and final plats will be required to address the provisions contained in the resolution.
RECOMMENDATION
On August 20, 2015, the Development Review Committee (DRC) recommended approval of the zone change for this property subject to the following conditions:
ENGINEERING/FLOODPLAIN: Stephanie Griffin/Chris Agnew/Brent O’Neal (972) 237-8141
M. 1. The property includes floodplain. A floodplain development permit is required. A third-party engineering firm will review the floodplain development permit application at the owner’s expense. The base flood elevation cannot be increased. 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.
M. 2. City approved grading, drainage, and erosion control plans are required prior to approval of any final plat, earthwork or building permit for the property. Such plans shall include complete plans and profiles of all storm drainage facilities with hydrologic and hydraulic information designed to current standards as provided in the Drainage Design Manual as currently amended. Tie storm drain hydraulics to existing downstream storm drain and extend to upstream properties. Where applicable, drainage from site shall discharge into drainage easement and shall convey flow to stream without causing erosion or flooding (maximum downstream velocity 6 fps). 100-year overflow shall be conveyed to stream in drainage easement;
M. 3. The discharge of drainage flows from this project draining through US Army Corp property will require the approval of the US Army Corps of Engineers.
Note to applicant: Some comments below may not pertain to your development. Contact the Development Coordinator for clarification.
Approval of a project by the Planning and Zoning board, and/or City Council, does not release the Building Inspections Permit or Public Works Permit for construction.
It is the developer’s responsibility to confirm with the Planning Department if the property is to be (re-platted, preliminary, and/or final) platted.
It is the developer’s responsibility to submit all required escrow funds for third party drainage review for public improvements prior to construction plan submittal.
It is the developer’s responsibility to confirm the submittal of plans for review to the Engineering Division.
It is the developer’s responsibility to submit all required escrow funds for third party geotechnical and material testing for public improvements that are to be dedicated to the City prior to release of the construction permit.
It is the developer’s responsibility to submit all required information to establish a pro-rata for water or wastewater prior to release of the construction permit.
Final engineering plans released for construction are required prior to the recording of the final plat.
It is the developer’s responsibility to submit any required escrow funds for streets or sidewalks.
A preliminary drainage plan that meets City Code may be required. The plan shall address possible need for detention and provide preliminary storm drain layout and sizing for all lots.
Contractor/Owner shall not alter, impede, or redirect the surface flow of storm water runoff per State requirements and shall control erosion on the site per federal, state, and local requirements.
Grading, drainage, and erosion control plans, released for construction are required prior to filing the final plat. Such plans shall include complete plans and profiles of all storm drainage facilities with hydrologic and hydraulic information. Proposed storm drain hydraulics shall tie to existing downstream storm drain hydraulics. Where applicable, drainage from the site shall discharge into a drainage easement and shall convey flow to a stream without causing erosion or flooding. The 100-year overflow shall be conveyed in a drainage easement.
Delineate the fully developed floodplain on plats and drainage plans with flood elevations and minimum finished floor elevations for structures. Floodplains and/or maximum water surface elevation for bodies of water shall be dedicated as drainage right-of-way (ROW) or in a drainage easement upon the plat. Drainage ROW shall be dedicated fee simple to the City of Grand Prairie. Also provide cross sections showing that limits of drainage easement have a maximum 4:1 slope from the streambed. Proposed slopes greater than 4:1 must be supported by an engineered design and will be reviewed on a case-by-case basis by the Engineering Department. Any work within floodplain will require Floodplain Development Permit and, if applicable, FEMA approval.
Delineate any erosion hazard setback upon the plat.
Any future improvements may require investigation of the adequacy of the downstream drainage system to convey increased flows. Construction plans for downstream improvements shall be required if the downstream system is not adequate to convey the increased flows. Proposed flows shall be within drainage easements or ROW’s with no erosive velocities. This may require detention or additional detention or other improvements.
Add a note to preliminary plats:
The subject property is (or, is not) located within the 100 year floodplain per FIRM Panel # _________________, dated _____________________.
Where applicable and prior to construction, submit certification by a professional that site does not have wetlands and other waters of the United States, an investigation showing that site development will not impact wetlands and other waters of the United States, or a permit for proposed activities in wetlands and other waters of the United States. Wetlands and other waters of the United States are as defined in Section 404 of the Clean Water Act. All delineation’s shall certify that they were conducted per U.S. Army Corps of Engineers’ requirements. An agreement stipulating that the owner is responsible for maintenance of any wetland mitigation areas is required prior to construction.
Specify on plat that streams are to remain natural and maintenance of ponds and streams are solely the responsibility of the property owner or Home Owners Association (HOA).
Off-site detention ponds and appurtenances shall be within a drainage easement. A maintenance agreement shall be filed as separate instrument. The property owner or HOA shall be responsible for maintenance.
Owners or contractors must file a Notice of Intent (NOI) with the United States Environmental Protection Agency (USEPA) for storm water (general) management permits before beginning site work on any tract which involves five (5) acres or more, or on any lot which is a portion of a tract which involves five (5) acres or more. Contractors must have submitted a NOI to the USEPA, with copies to the City's Environmental Services Department, at least two (2) days in advance of the start of the project. Contact the stormwater management office of the USEPA at (214) 665-7175 and the City of Grand Prairie Environmental Services Department at (972) 237-8055.
A plan which has been prepared and sealed by a licensed engineer showing storm water quality best management practices (BMPs) for construction activities must be submitted with building permit applications. BMPs must comply with North Central Texas COG BMP manual, Storm Water Quality Best Management Practices for Construction Activities. Contact the City of Grand Prairie Environmental Services Department at (972) 237-8055.
Provide statement on the plat for perpetual maintenance agreement for any existing ponds.
Specify minimum finished floor elevations on the preliminary plat for lots adjacent to the floodway.
Every source or potential source of contamination which is connected to (or has the capacity to cause a threat to) any public water supply within the City that is present in any commercial establishment must be equipped with protection that is required under the provisions of City Code Chapter 13 Article X. Any devices required must be shown on all plans submitted for review by the City. Contact the City of Grand Prairie Environmental Services Department at (972) 237-8055 to schedule inspections of any new or relocated cross-connection control devices.
The Environmental Services Department will require that a sample point be installed on the sanitary sewer line for commercial developments. The location and a drawing of the sample point must be shown on the plans submitted for review with your application for a building permit. Structure and location should meet the requirements of the department. Contact the City of Grand Prairie Environmental Services Department at (972) 237-8055. [City code 26-53]
The Environmental Services Department must review all manufacturing or industrial operations before construction is begun. [City code 26-51]
Impact fees for water and wastewater are set by ordinance and cannot be waived by staff. Pro-rata charges, impact fees, tap fees, and meter fees will be due prior to issuance of building permit.
All required escrow funds for public improvements shall be submitted by the developer. Most escrow funds are required to be in place prior to construction plan submittal.
Provide lighting plans for lights being installed within residential subdivisions and lights installed along the right-of-way of perimeter streets.
Plans for retaining walls (over 4’ tall) and screening walls shall be site specific, prepared by an engineer licensed in the State of Texas, and submitted with construction plans.
The design engineer shall obtain approval from the Trinity River Authority for sewer connection to TRA lines and for any utilities crossing TRA lines.
The design engineer shall obtain approval from the Corp of Engineers for utilities that cross or run through Corp property.
Extension of water and sewer facilities that are needed to serve the development will be at the developer/owners expense.
The owner/developer shall make request for City participation in construction or funding of public infrastructure prior to the approval of final plat.
Provide water and sewer plans for new lots and a lot grading plan that meets current standards of the UDC.
All utility easements along street rights-of-way to be shown as 15’ wide utility easements and show 7.5 foot utility easements along the rear of all lots. Side and rear lot easements may be modified or omitted upon request and if accepted by the Planning and Development Division. The design engineer and developer shall coordinate the proposed easements with franchise utilities and the City prior the submitting the final plat.
Offsite easements are required to be dedicated by separate instrument. The design engineer and developer shall coordinate the recordation of offsite easements with the City Right-of-way Agent. Documents for offsite easements shall be submitted with the civil design package to the Engineering Division and shall be deemed ready for recordation by the City Right-of-way Agent prior the filing the final plat and/or release of the plans for construction.
No signs or roof overhang are permitted to encroach in any easement per the UDC.
Lots with screening walls shall have a 5’ wall easement adjacent to the property line and an adjacent 10’ minimum utility easement. To avoid conflicts, these easements shall not overlap.
Dedication of right-of-way along street frontage shall be per the City of Grand Prairie Thoroughfare Plan. Dedication of corner clips at all street intersections shall be per the Transportation Division.
The design engineer shall be responsible for coordination and obtain all permits for access to, and construction within TxDOT right-of-way.
Body
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND MAP TO REZONE TWO TRACTS TOTALING 19.32 ACRES OUT OF THE CAROLINE M. ADAMS SURVEY, ABSTRACT NO. 38, CITY OF GRAND PRAIRIE, TARRANT COUNTY, TEXAS, GENERALLY LOCATED EAST OF EAST SEETON ROAD, WEST OF JOE POOLE LAKE, SOUTH OF THE SPRING CREEK/EAST SEETON ROAD INTERSECTION AND NORTH OF THE LADOGA DRIVE/EAST SEETON ROAD INTERSECTION, ADDRESSED AS 701 AND 1231 EAST SEETON ROAD, FROM AGRICULTURE (A) DISTRICT TO SINGLE FAMILY-4 (SF-4) DISTRICT; SAID ZONING MAP AND ORDINANCE BEING 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 rezone and reclassify said property from its classification of Agriculture (A) District to Single Family-4 (SF-4) 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 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 9 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-4 (SF-4) 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, Grand Prairie, 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 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:
I.
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 from its classification of Agriculture (A) District to Single Family-4 (SF-4) District as depicted in Exhibit A - Location Map and legally described as follows:
PROPERTY DESCRIPTION - 19.32 ACRES
LEGAL DESCRIPTION TRACT 1
BEING 14.704 acres of land situated in the City of Grand Prairie, Tarrant County, Texas and being part of the C.M. Adams Survey, Abstract Number 38 and being all that tract of land conveyed to Eduardo S.Verzosa and wife, Janet Verzosa as recorded in Volume 7172, Page 421, of the Deed Records of Tarrant County, Texas and being more particularly described as follows;
BEGINNING at a "PK" nail found for the Southwest corner of said Verzosa tract of land, said point being the in the East line of that tract of land conveyed to Doyle K. Lansford and wife, Tommie E. Lansford as recorded in Volume 8771, Page 971 of the Deed Records of Tarrant County, Texas, said point being the most Westerly Northwest corner of that tract of land conveyed to the United States of America as recorded in Volume 7178, Page 443, of the Deed Records of Tarrant County, Texas, and being in the center line of Seeton Road (a prescriptive use right of way ) from which a USA concrete monument found for witness bears North 52 degrees 53 minutes 43 seconds East a distance of
33.19 feet
THENCE North 00 degrees 18 minutes 36 seconds East, along the approximate centerline of said Seeton Road a distance of 938.11 feet to a "PK" found for the Northwest corner of said Verzosa tract of land and said point being in the East line that tract of land conveyed to Daniel Gonzales and spouse, Sue Chen Gonzales as recorded in Volume 11530, Page 220, of the Deed Records of Tarrant County, Texas, said point being in the South line of that tract of land conveyed to Nellis Rhea Carter as recorded in Volume 17107 Page 321, of the Deed Records of Tarrant County, Texas,
THENCE North 89 degrees 44 minutes 16 seconds East, along the South line of said Carter tract of land a distance of 790.65 feet to a USA concrete monument found for the Northeast corner of said Verzosa tract of land and said point being a North Line of said United States of America tract of land,
THENCE South 02 degrees 22 minutes 38 seconds East a distance of 608.32 feet along the West line of said United States of America tract to a USA concrete monument found for the Southeast corner of said Verzosa tract of land,
THENCE along the South line of said Verzosa tract of land and along the West line of said United States of America tract the following calls,
South 53 degrees 20 minutes 26 seconds West a distance of 293.27 feet to a USA concrete monument found for corner,
South 82 degrees 31 minutes 56 seconds West a distance of 470.05 feet to a USA concrete monument found for corner,
South 52 degrees 53 minutes 43 seconds West a distance of 150.00 feet to the POINT OF BEGINNING and containing 14.704 acres or 640,485 square feet of land more or less.
LEGAL DESCRIPTION TRACT 2
BEING 4.620 acres of land out of the Caroline M. Adams Survey, Abstract No. 38 City of Grand Prairie, Tarrant County, Texas and being the remainder of a Called 30.52 acre tract of land described in conveyance to Debra Merritt Carter, recorded in Instrument No. D208439563, Deed Records, Tarrant County, Texas (D.R.T.C.T.) and being more particularly described as follows:
BEGINNING at a "PK" nail set in the approximate centerline of Seeton Road (a variable Width Right of Way), in the South line of said Carter Tract, at the Northwest corner of that certain tract of land described in a deed to Eduardo S. Verzosa and wife, Janet Verzosa, as recorded in Volume 7172, Page 421, Deed Records, Tarrant County, Texas,
THENCE North 00 degrees 15 minutes 44 seconds East along the approximate centerline of Seeton Road a distance of 179.90 feet to a point for corner at the Southwest corner of a tract of land conveyed to Bradley and wife Darcy Page, as recorded in Instrument No. D208014000 and recorded in Instrument No.
D21029798, Deed Records, Tarrant County, Texas,
THENCE North 87 degrees 13 minutes 37 seconds East, along and with the South line of said Page Tract a distance of 89.38 feet to % inch iron set for corner at an angle point,
THENCE North 89 degrees 16 minutes 44 seconds East continuing along and with the South line of said Page Tract a distance of 959.41 feet to a % inch iron rod set for corner for the Southeast corner of said Page tract and a West line of the United States of America Tract as recorded in Volume 7173, Page 37, Deed Records, Tarrant County, Texas,
THENCE South 04 degrees 07 minutes 56 seconds West along and with the West line of the United States of America Tract, a distance of 201.56 to a USA concrete Disk found for the North line of said Verzosa 14 Land Investment Partners, LP tract,
THENCE South 89 degrees 44 minutes 16 seconds West along and with the North line of said Eduardo S. Verzosa 14 Tract, at 1006.51 feet pass a 1/2 inch iron rod found at 1009.92 feet pass the existing East right of way of Seeton Road and continuing for a total distance of 1,034.92 feet to the POINT OF BEGINNING and containing 4.620 acres of land more or less.
II.
Purpose and Intent
The intent of this zoning ordinance is to create a development framework that encourages and supports higher standards.
Standards on infrastructure, landscaping, and construction are intended to provide for the development of high quality residential development.
A homeowner’s association (HOA) and public improvement district (PID) is intended to provide for the review, maintenance, and enforcement of design standards and to ensure resources are available for the care of the common elements and amenities of the community.
III.
Development Standards
General
Development of the subject property shall be in accordance with and conform to the City of Grand Prairie Unified Development Code (UDC) unless otherwise specified herein.
Resolution 3924
Development of the subject property shall be in accordance with and conform to Resolution 3924.
IV.
Homeowners Association and/or Public Improvement District
A mandatory homeowners association (HOA) shall be created to enforce the HOA restrictions at the expense of the property owners of the development. The HOA shall maintain the common areas within the development. Prior to recordation of the first final plat, HOA documents shall be submitted to the Planning Department for review.
The subject site is within PID (Public Improvement District) #4. Prior to recordation of the first final plat, confirmation from the PID #8 Board shall be submitted which indicates acceptance of the change of use and incorporation of the subdivision wall, perimeter landscape into the PID’s maintenance responsibility.
V.
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
VI.
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 day of September, 2015.
Ordinance No. 9917-2015
Zoning Case No. Z150902