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HomeMy WebLinkAboutItem 15 - Z00-11 Hudgins Keeling Housei ,ITEM / PAZ k i TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION jj FROM: ROGER NELSON, CITY MANAGER ;�- H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES MEETING DATE: SEPTEMBER 19, 2000 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE CHANGE APPLICATION Z00-11 APPLICANT: City of Grapevine PROPERTY LOCATION AND SIZE: The subject property is located at 627 Church Street and is platted as Lot 6, Block 14, City of Grapevine. The site contains approximately 19,563 square feet and has 125 feet of frontage along Church Street and 130 feet of frontage along West Hudgins Street. REQUESTED ZONE CHANGE AND COMMENTS: The applicant is requesting to rezone .45 acres (19,563 square feet) from "R-TH" Townhouse District to "GU" Governmental Use District for government office use This rezoning request was tabled by the Planning and Zoning Commission during their deliberation session at their September 5, 2000 public meeting due to concerns associated with the location of the parking area. The request to designate the site an Historic Landmark Subdistrict was approved. The applicant still proposes to move a building obtained from the First United Methodist Church to the northeast corner of the site to be used for storage. However, the revised plan shows the relocation of the parking area from the northern edge of the site to the southeast corner of the site south of the proposed storage building. The drive access to 0:\ZCU\Z00-11.41 1 September 13, 2000 (12:45PM) the parking area will be located at the southwest corner of the site just north of the intersection of Church Street and Hudgins Street. This drive location maximizes the amount of open space available. The site received the following variances from the Board of Zoning Adjustment at their September 11, 2000 public hearing: • Section 38.G Governmental Use District, Area Requirements, mandates that the yard requirements shall not be less than the yard requirements of the most restrictive abutting property. The applicant was granted a six-foot variance to the 25 -foot front yard setback requirement of the "R-TH' Townhouse District, the most restrictive abutting zoning district, which will now allow a front yard setback of 19 -feet. • Section 54 Masonry Requirements mandates that all principal buildings or structures in the "GU" Governmental Use District shall be composed of at least 70 -percent brick, stone, or other approved masonry product. The applicant was granted a complete variance to this requirement which will now allow all structures to exist with zero percent masonry. PRESENT ZONING AND USE: The property is currently zoned "R-TH" Townhouse District and contains a vacant single family home. HISTORY OF TRACT AND SURROUNDING AREA: The subject site and the property immediately to the north was zoned "C-2" Community Business District prior to the 1984 City Rezoning. The property to the west was zoned "R- 1" Single Family District, the property to the south was zoned "1-2" Heavy Industrial, and the property to the east was zoned "SP" Specific Use Permit, all prior to the 1984 City Rezoning. At the September 7, 1999 joint public hearing, Council approved a zone change (Z99-12) from "LI" Light Industrial District to "CBD" Central Business District for the former B & D Mills located immediately to the south of the subject site. A conditional use permit (CU99-45) was also approved at that same meeting for the B & D Mills site for on -premise consumption of alcoholic beverages in conjunction with a restaurant. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: SOUTH: EAST: 0:\ZCU\Z00-1 1.41 "R-TH" Townhouse District—single family residence "CBD" Central Business District—B & D Mills site "CBD" Central Business District—retail businesses K September 14, 2000 (9:41 AM) WEST: "R-TH" Townhouse District—apartment units The subject tract is not located within any zone of effect as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. The Master Plan designates the subject property as Residential Medium Density. The zone change request to Governmental Use is not in compliance with the Master Plan. /rs 0:\ZCU\Z00-11.41 3 September 13, 2000 (8:30AM) I I L411A 'japrAli COMPANY NAME Cityof Grapevine updplj-901 -Tommm it CITY Grapevine STATE - Texas ZIP 76099 PHONE #- 817L410-3197 FAX # 817/410-3125 Owners Representative 3. PROPERTY OWNER(S) NAME City of Grapevine ADDRESS PO Box 95104 CITY Grapevine STATE. Texas ZIP 76099 PHONE# 817/410-3197 FAX # 817/410-3125 4. ADDRESS OF SUBJECT PROPERTY 627 Church Street LEGAL DESCRIPTION: LOT 6 BLOCK 14 ADDITION City of Grapevine METES & BOUNDS MUST BE DESCRIBED ON 8 1/2" X 11" SHEET 5. PRESENT ZONING CLASSIFICATION RTH (Townhouse District) 6. PRESENT USE OF PROPERTY Residential — Vacant 7. REQUESTED ZONING DISTRICT GU (Governmental Use District) 8. THE APPLICANT UNDERSTANDS THE MASTER PLAN DESIGNATION AND THE MOST RESTRICTIVE ZONE THAT WOULD ALLOW THE PROPOSED USE IS o:zcu\appzn-cp 2 1/99 www.ci.grapevine.tx.us 0 9. MINIMUM/MAXIMUM DISTRICT SIZE FOR REQUESTED ZONING NIA 10. DESCRIBE THE PROPOSED USE Government Offices & Museum 11. THE CONCEPT PLAN SUBMISSION SHALL MEET THE REQUIREMENTS OF SECTION 45, CONTENTS OF A CONCEPT PLAN, SECTION 45.C. EFFECT OF CONCEPT PLAN ALL SUBSEQUENT SITE PLANS SHALL CONFORM TO THE CONCEPT PLAN SUBMITTED WITH THE ZONING APPLICATION. All Zone Change Requests 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. lic hearings may be continued to the next public hearing. Public hearings will not be tabled. Any changes to a concept plan approved with a zone change request can only be approved by city council through the public hearing process. I have read and understand all of the requirements as set forth by the application for zone change request and acknowledge that all requirements of this application have been met at the time of submittal. 12. SIGNATURE TO AUTHORIZE THE FILING OF A FINAL SITE PLAN. APPLICANT (PRINT) _Hugo A. Gardea APPLICANT SIGH OWNER (PRINT) OWNER SIGNATI o:zcu\appzn-cp www.ci.grapevine.tx.us 1/99 The State of -P— V C1 County of /C� r ron + Before me . 'S Lk'3, C:k r"\ �ILAD � c- d on this day oersonallv armeared )�Lc,0 6Q r � Q q known to me (or proved to me on the oath of j or through _ jr- Y ? C's \ e- n,3 'F- (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and sea[ of office this day of SEAL ry Signature 1--r- The State of I e 2(0-5 County of A.D. DOG C-) SUSAN M. HOWARD Notary Public, State of Texas MyCOMM18810n EXPIMS 02-18.01 C Before me Q c) cd on this day personally appeared C (- K)2 known to ( me (or pro d to me on the oath of j f ye C S or through \ce- f)se (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hai SEAL o:zcu\appzn-cp www.ci.grapevine.tx.us l 1/99 hi�ql rick .,1�ne � ,a r eiG I ,L4 ur G,["s s -r. 62 7 Chum - 48"-{ ll nandina S'cIEen ORDINANCE NO. AN ORDINANCE AMENDING 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 OF GRAPEVINE, TEXAS, GRANTING ZONING CHANGE Z00-11 ON A PARCEL OF LAND LEGALLY DESCRIBED AS LOT 6, BLOCK 14, CITY OF GRAPEVINE DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "R-TH" TOWNHOUSE DISTRICT TO "GU" GOVERNMENTAL USE DISTRICT, 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 A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, applications were made to amend the Official Zoning Map, City of Grapevine, Texas by making applications for same with the Planning & Zoning Commission of the City of Grapevine, Texas as required by State statutes and the zoning ordinances 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 these requested changes 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, 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 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 change 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, the 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, the City Council further considered among other things the character of the district and its peculiar suitability for particular uses and with the view to conserve the value of buildings, encourage the most appropriate use of land throughout this city; and WHEREAS, the City Council of the City of Grapevine, Texas does find that there is a public necessity for the zoning change, 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 does find that the change in zoning lessens the congestion in the streets, helps secure safety from fire, panic and other dangers; promotes health and the general welfare; provides adequate light and air; 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 change in zoning 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 a change in zoning classification 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: ORD. NO. 2 Section 1. That the City of Grapevine Ordinance No. 82-73, being the Comprehensive Zoning Ordinance of the City of Grapevine, Texas same being also known as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby amended and changed by Zoning Application Z00-11 to rezone the following described property to -wit: being a .45 acre parcel of land legally described as Lot 6, Block 14, City of Grapevine (627 Church Street), more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "R-TH Townhouse District Regulations is hereby changed to "GU" Governmental Use District, all in accordance with Comprehensive Zoning Ordinance No. 82-73, as amended. Section 2. The City Manager is hereby directed to correct the official zoning map of the City of Grapevine, Texas to reflect the herein change in zoning. 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 ordinances 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 safety 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. 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 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. 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. 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 19th day of September, 2000. Masa• ATTEST: ORD. NO. 4