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Home My WebLink AboutItem 04 - PD09-02 Sons Enterprises C ' s' m�v PiZ TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER q1)5:111) n SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: MARCH 24, 2009 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF PLANNED DEVELOPMENT OVERLAY APPLICATION PD09-02 It I I I Grapevine APPLICANT: Bob Mundlin j Lake 5 ooye�_ • I.H.635 Northwes PROPERTY LOCATION AND SIZE: „3„. � �► The subject property is located at 412 South Main up' Street and is platted as Lot 4, Block 3, Original Town sy • Hall-Johnson A DP t x of Grapevine. The property contains approximately dam, 2,788 square feet and has approximately 25 feet of T----. _ frontage along South Main Street and Barton Street. LJ b m Glade Rd. `- I _ I— c 0 REQUESTED PLANNED DEVELOPMENT OVERLAY AND COMMENTS: The applicant is requesting a planned development overlay to allow a residence on the second floor of an existing structure within the "CBD" Central Business District. The applicant proposes to utilize the second floor of the property addressed at 412 South Main Street as a residence. This second floor with its own separate entrances from both Main Street and Barton Street comprises some 1,750 square feet. Two parking spaces at the rear of the building accessed from Barton Street will be provided for the occupants. Discounting the Wallis Hotel, Palace Theater, and Willhoites, only two structures north of College Street (330 and 401 South Main Street) are possible candidates to also support residential uses on the second floor, although they are currently occupied. PRESENT ZONING AND USE: The property is zoned "CBD" Central Business District and is currently used as a retail O:\ZCU'PD09-02.4 1 March 16,2009(12:43PM) shop and art gallery on the first floor(Blue Moon Gallery). The second floor is unoccupied. HISTORY OF TRACT AND SURROUNDING AREA: The subject property and surrounding areas were rezoned in the 1984 City Rezoning from "C-2" Community Business District to "CBD" Central Business District. The subject property is also located within a Historic Overlay District (HL92-03). SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "CBD" Central Business District—various retail businesses SOUTH: "CBD" Central Business District—various retail businesses EAST: "CBD" Central Business District—various retail businesses WEST: "CBD" Central Business District—various retail businesses AIRPORT IMPACT: The subject tract is located within "Zone A" zone of minimal effect as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. Few activities will be affected by aircraft sounds in Zone A, except for sound sensitive activities such as auditoriums, churches, schools, hospitals, and theaters. The applicant's proposal is an appropriate use in this noise zone. MASTER PLAN APPLICATION: The Master Plan designates the subject property as a Central Business District land use. The applicant's proposal is not in compliance with the Master Plan. /rs O:1ZCU1PD09-02.4 2 March 16,2009(12:43PM) . 0 1PN ' I r i ��2, 1, t r . As r ' '-Ard4YA I r � N PT 1 .--- �� °��`� A I %// .. %/�%%; ' 9R ��ili/. ' / ,� i R-7.5 Rr1i ��i�i 2 3 4B %//: `% %/. A A ii i�� A L 9A 4A �� E WORTH ST ._ .__} f, ' ') _il ■4 c i, B ! r r. ,-.4 • 1 r A f. A Tarrant aunty u//��// % : , 1 A 1 .r e 1 GU ° ��-�� r /1.!% w 1A2 6R %//�J/%! %%',�// .8592 r��. ii iA Al•%////.W. " . I 'I A , r ,,j r if i rA .4 i Q %/�/►///vim!,!!,T r 7 /7 81, 1 ° 4 I ..! r f, IT GU / /40 / 1 Ai g./) r / 7 ' losso' % r A R-ZS s 0 PD09-02 Sons Enterprises 1 inch = 100 feet PE O9 - ' ` I vT . wAs CITY OF GRAPEVINE PLANNED DEVELOPMENT OVERLAY APPLICATION PART 1.APPUCANT INFORMATION ofgoploantl Aaonted s &IS�s' C& h 72d//flJ 7-6/".e. Oth T-/ / 0 .? _, , _J9,/j?7/t' m Fax n oti7 /`4.0 8 { � 7 Ernst address ofappr�cent/ SIT/agent 73 r a10 ke.& PART 2.PROPERTY INFORMATION ' 711"7677-/ *4 --..igepo - Legal description of au property(mom&bounds must be descrvea one I/2"x 1 / ` Lot Block S Addition at��//7/71 I'( 401 0e 'pr 6' , c,s 37s;s- t'resent P FFJl7 4(/Z L �L )sieies M nlmum/maximum dsbict size for request Zoring otdinance pmvislon Ong deviation from: PART 3.PROPERTY OWNER INFORMATION /� N 0`I5� ! /kJ' (T L 1) 061/4 4/0 11 ` �A Iio'� —Si('- —St /a3 cxy/state/Z* ofpmpGKyowne� et'i`' -7-61-714 n F.2/Y ga-/ -3 ax P`2' ' a2 yid' o:12GAFOt p.pd.doc FEB 21009 2 1nnoosy 1 ItAIS pk .09-0Q Ltiy Submit a letter describing the proposed Planned Development and note the request on the site plan document Desabe any special requirements or conditions that require deviation of the zoning district regulations. ADesc nbe whether the proposed overlay will,or wit not cause substantial harm to the value,use of enjoyment of other property in the neighborhood. Describe how the proposed planned development will add to the value,use or enjoyment of other property in the neighborhood The site plan submission shall meet the requirements of Section 47,Site Plan Requirements. O AN planned development overlay appitcatlons are assumed to be complete when filed and will be placed on the agenda for public hearing at the discretion of the staff. Based on the she of the agenda,your application maybe scheduled to a later date. ❑ At public hearings will be opened and testimony given by applicants and Interested citizenry. Pubic hearings may be continued to the newt public hearing Public hearings will not be tabled. CI Any changes to a site plan(no matter how minor or approved with a planned development overlay can only be approved by city council through the pubic hearing process. O I have read and understand all the requirements as set forth by the application for planned development overlay and admowtedge that au requhmnents s of this appicadon have been met at the time ne of ,.,,, PART 4.SIGNATURE TO AUTHORIZE PLANNED DEVELOP .4 i V=: •Y REQUEST AND PLACE A PLANNED DEVELOPMENT OVERLAY REQUEST SIGN ON - �t =r OPER DON 5 givratdtkre-5 A , I Id m v� � s *Amt Appicents Name: r, 7 I t e S t a t e -if2J k ' county . Before Me( r- ;��PP -" '6(. ' ' on this day personalyappeared ii3 kL c -,/: �� known to me(or proved to me on the oath of card or other document)to be the person •- - is subscribed to the foregoing Instrument and acknowledged to me that heexecuted the same fr ,N[,N(/ �and.• • therein ex••• !. (Seal)Gaon under my hand andseal., •Jr.•; ,,.-411w, • Aorettk • �t"" TANYA S.ALVAREZ , \` /� t 1 *1 MY COMMISSION EXPIRES `y y ��T' " 0-51-)Th7 2010 �/ '-'":440.s �� 22,2010_ n An 'Agr State Of Texas 41.11P / nn./ al _ /1 set- lØ pjZ2ry s � or The �0•-) countkt c�,� [1. Before Me it� 67, on this day personally appeared &10 giidie4i,, known to me(or proved tQ me or the oath of card or other nq to be the person whose is subscribed to the foregoing instrument and advawledged to me that he executed the same ibr J (Seal)Oim�en cinder my hand and seal of ofliae day Atilt"; ,an. Od,�'. ^: r" MY TANYA S.ALVAREZ ` AIL./ ;, ION EXPIRES ••••;• September 22,2010 Far ' Texas 4 OAZCUIFORMSlapp.pd doc 3 1/712009 FEB 2 2009 s �.. PI iiivt,liNe-% p -o . ACKNOWLEDGEMENT All Planned Development Overlay Applications are assumed to be complete when filed and will be placed on the agenda for public hearing at the discretion of the staff. Based on the size of the agenda,your application may be scheduled to a later date. All public hearings will be opened and testimony given by applicants and Interested citizenry. Public hearings may be continued to the next public hearing. Public hearings will not be tabled. Any changes to a site plan (no matter how minor or major) approved with a planned development overlay can only be approved by city council through the public hearing process. Any application for a change in zoning or for an amendment to the zoning ordinance shall have, from the date of submittal, a period of four months to request and be scheduled on an agenda before the Planning and Zoning Commission and City Council. If after said period of four months an application has not been scheduled before the Commission and Council said application shall be considered withdrawn, with forfeiture of all filing fee- The application, along with the required filing fee may be resubmitted any time thereafter for reconsideration. Delays in scheduling applications before the Planning and Zoning Commission and City Council created by city staff shall not be considered a part of the four month period. I have read and understand all of the requ = - : $a- = forth by the application for planned development overlay and ackno , e , - - is of thi pplication have been met at the time of submittal. Signature of Applicant I Date 11-2 72� — d Signature of Owner ( Date: rot- d a- d o ,.pd.doo 4 1/7/1009 FEB 2 2009 EqMr. Bob Mundlin,Partner Sons Enterprises 400 North Main Street—Suite 103 Grapevine,Texas 76051 817-481-7133 office 214-808-1373 cell 817-488-2988 fax bob @lbi.com February 1,2009 Mr. Ron Stombaugh Development Services City of Grapevine ,00`3 200 South Main Street Grapevine,Texas 76051 RE: Re uest for PD Overla y—412 South Main Street ( -o p(� Dear Mr. Stombaugh: We are requesting a PD overlay for the upstairs(Suite 200)of 412 South Main Street. The first floor is retail space,currently occupied by Blue Moon Gallery, and is not a part of this request. The PD overlay would allow us to lease the upstairs space, approximately 1,800 sq. ft., for residential use. Since the office tenant moved out in late November,we have had many residential inquiries and, with the addition of the 925 South Main apartments,we have seen enormous demand for residential in downtown Grapevine. We are able to provide parking behind the building,on our property for this tenant. As a matter of fact, the demand for parking will be less with this space used as a residence versus the parking demand that existed when it was used for offices. This use will cau - 'o harm to Main Street and/or to downtown Grapevine. We believe that it will be an asset to ,A n Str -t and we appreciate your consideration. Kin. ands ft,- C. undlin Attachments `" ---,----__HAI L .6imE,El" � = 5 2.S' _.Lskto c... AAP*A t.1 . ! cc v s_1. GarrelL r O' !6,44c. '-.1J44 L.K 25.0` e / e / i / 8 , / I / m /N . LANp Amp.- 2q87.5*S4 } /...--= awe, Aga / 'A 1- fF-Doe • 1�Z� sc1 , o _ . / 0 �'"0 �i,00P - 115o sal I- = / / / o _IIIIIIIIIIIlhllIM e_ . : 9KUI4. 4 X 'fix'r&Ne( 1 Ysi � }. � ( A te. I 'VAST 1,10E or B.Aeto IJ Y ' -_ ''1:1144 (5o' £.p)4, 3 S' AS PaA-r Vt', . - _ .sir£ f'LA NI- `� 1 .i 4 ) Z 36) u i- A. _. E .%5'rlmd - 004- To et440GE t=E6 2, good/ PD09-02 is a planned development request to allow a residence on the second floor of an existing structure PD09-02 within the "CBD" Central Business District. Sheet 1 of 3 " r • • • ' 13 2tC14 i IMMOMOMOMME .0014g SRk.1= • GAASS rAital CI • • MINIM 11111111111111111111 0001,y aLA65 • 4.400 o • 41 u _ _ ! ! 40.4*, c.LcVA1io4. scAL.E U. I -0 PD09-02 "isT1144 - ticr ei.f m46E Sheet 2 of 3 • - : p • Bete-v-• ,Antoe, ceogra.u. ---1, - . . , I ... , . . . . . 01 Illi 001. , 111111.11111i todoc? re_Th 1 ..A. 1 , . ,-. ...401P" Ailli= 1 ..IIII■ 11111aA 1 - . 0 - — , Mil tit N ..r 1- ' II • • • J_o_criii _ _MA I NI ---- • 4 410 • EX15111.14 - 0 cif -ro CI4A146t . PD09-02 Sheet 3 of 3 . . 03-16-09;14:21 ; 46 1 /4 1 U.iU I t5 m ' i-ne #: I'U09-02 SONS ENTERPRISES WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 PM ON MONDAY, MARCH 23. 2009 Procedure to Respond: A - • operty Owner within 200 feet the subject tract) or (an interested citizen), I appro = pro es a • or ave the following comments) /IM 4Vig w. s -1/f r. /17.0-r rT "'Me. • Current Property Owner(printed) fl/�% N/iN CI-(1 Z fir( Property Address: Yr,-%),.? /' 4 iv S1/Pin-j c)c,I Fel yr,•t. STQ6F i Lot____ ,Block • ,Additio Property Owner Signature: 7 �-- Property Owner Name(printed): /i Mo-. sr G /1477-5._ '7i: Daytime phone number: 7� ' - g — Telephone: (817)410-3155 Fax: (817)4104018 Direct questions and mall responses to: Planning Secretary Department of Development Services City of Grapevine MAR 1 6 2009 P.O. Box 95104 Grapevine,Texas 76099 �et e( J ORDINANCE NO. AN ORDINANCE ISSUING A PLANNED DEVELOPMENT OVERLAY IN ACCORDANCE WITH SECTION 41 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX"D"OF THE CITY CODE, BY GRANTING PLANNED DEVELOPMENT OVERLAY PD09-02 FOR A RESIDENCE ON THE SECOND FLOOR OF AN EXISTING STRUCTURE IN THE "CBD" CENTRAL BUSINESS DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS PLANNED DEVELOPMENT OVERLAY PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application was made requesting issuance of a planned development overlay by making applications for same with the Planning & Zoning Commission of the City of Grapevine, Texas, as required by State statutes and the zoning ordinance of the City of Grapevine, Texas, and all the legal requirements, conditions and prerequisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas, after all legal notices requirements, conditions and prerequisites having been complied with; and WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether this requested planned development overlay should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the site; safety from fire hazards and measures for fire control; protection of adjacent property from flood or water damages, noise producing elements,and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting, and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; A adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street locating spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; the effect on the overcrowding of the land; the effect on the concentration of population; the effect on the transportation, water, sewerage, schools, parks and other facilities; and WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council of the City of Grapevine,Texas,did consider the following factors in making a determination as to whether this requested planned development overlay should be granted or denied; effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on the promotion of health and the general welfare, effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation,water, sewerage, schools, parks and other public facilities;and WHEREAS, all of the requirements of Section 41 of Ordinance No. 82-73 have been satisfied by the submission of evidence at a public hearing; and WHEREAS,the City Council further considered among other things the character of the existing zoning district and its peculiar suitability for particular uses and with the view to conserve the value of buildings and encourage the most appropriate use of land Amok throughout this City; and WHEREAS,the City Council of the City of Grapevine,Texas, does find that there is a public necessity for the granting of this planned development overlay, that the public demands it, that the public interest clearly requires the amendment, that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and WHEREAS, the City Council of the City of Grapevine, Texas, does find that the planned development overlay lessens the congestion in the streets, helps secure safety from fire, panic and other dangers, prevents the overcrowding of land, avoids undue concentration of population, facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the City Council of the City of Grapevine, Texas, has determined that there is a necessity and need for this planned development overlay and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the property requested for a change since this property was originally classified and, therefore, feels that the issuance of this planned development overlay for the particular piece of property is needed, is called for, and is in the best interest of the public at large,the citizens of the City of Grapevine,Texas, and helps promote the general health, safety and welfare of this community. ORD. NO. 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the City does hereby issue a planned development overlay in accordance with Section 41 of Ordinance No. 82-73,the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also known as Appendix"D"of the City Code, by granting Planned Development Overlay PD09-02 to allow a residence on the second floor of an existing structure in the "CBD" Central Business District within the following described property: Lot 4, Block 3, Original Town of Grapevine(412 South Main Street)all in accordance with a site plan approved pursuant to Section 47 of Ordinance No. 82-73, attached hereto and made a part hereof as Exhibit "A", and all other conditions, restrictions, and safeguards imposed herein, including but not limited to the following: None. Section 2. That the City Manager is hereby directed to amend the official zoning map of the City of Grapevine, Texas, to reflect the herein conditional use permit. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said City of Grapevine zoning ordinance and all other applicable and pertinent ordinances of the City of Grapevine, Texas. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the community. They have been designed with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future;to lessen congestion in the streets;to secure safely from fire, panic, flood and other dangers; provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; facilitate the adequate provisions of transportation,water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the normal business, commercial needs and development of the community. They have been made with reasonable consideration, among other things, of the character of the district, and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Grapevine, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances which are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the tract or tracts of land described herein. ORD. NO. 3 Section 7. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00)and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. That the fact that the present ordinances and regulations of the City of Grapevine,Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 24th day of March, 2009. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. 4