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HomeMy WebLinkAboutItem 04 - Z02-06 McPherson TownhomesITEM 0 �... /"fz .* 3 TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: ROGER NELSON, CITY MANAGER,/t H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES MEETING DATE: JULY 16, 2002 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE CHANGE APPLICATION Z02-05 APPLICANT: Phil Salyer PROPERTY LOCATION AND SIZE: The subject property is located at 2172 McPherson Drive and platted as Lot 1, Block 1, Clairmont Place. The subject property contains 1.30 acres and has approximately 254 feet of frontage along McPherson Drive. REQUESTED ZONE CHANGE AND COMMENTS: The applicant is requesting to rezone 1.30 acres from "R -MF -2" Multifamily District to "R- MF -1" Multifamily District for a ten unit condominium development. The applicant's proposal provides a density of 7.69 units per acre, which is well within the requirements of both the existing and proposed multifamily districts. The primary reason for the zone change request is to allow for a smaller front yard setback. The existing "R- MF -2" Multifamily District requires a minimum forty -foot front yard, and if approved, the "R- MF -1" Multifamily District would allow for a minimum thirty-foot front yard setback. A variance application associated with this request must be considered by the Board of Zoning Adjustment for a variance to the minimum lot size requirement of two acres within the "R -MF -1" Multifamily District. If approved by the Board of Zoning Adjustment, the ordinance would go back before the Planning & Zoning Commission and the City Council for a second reading. R:\AGENDA\07-16-02\ZO2-05.4.docc 07/09/02 11:12 AM PRESENT ZONING AND USE: The property is currently zoned"R-MF-2" Multifamily District and is undeveloped. HISTORY OF TRACT AND SURROUNDING AREA: The subject property was rezoned in the 1984 City rezoning from "R-1" Single Family to "R-3.5" Duplex. The property was later rezoned from "R-3.5" Duplex to "R -MF -2" Multifamily District in 1987 via Z87-05. The property to the north, east and south are developed as the Woodlake Apartments and have been zoned as "R -MF -2" Multifamily District since 1984. Prior to that designation, the Woodlake Apartments were zoned Specific Use for apartments since 1972. The property to the west was rezoned in the 1984 City rezoning from "R-2" Two Family to "R-3.5" Duplex. The property was rezoned in 1989 to "R-7.5" Single Family and has been developed as the Austin Oaks Addition. A conditional use request for the subject property was approved via CU92-21 in December, 1992, that allowed for a 11,000 square foot personal care and assisted living facility. However, that project never materialized and the conditional use permit expired. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "R -MF -2" Multifamily District - Woodlake Apartments SOUTH: "R -MF -2" Multifamily District - existing apartments EAST: "R -MF -2" Multifamily District - Woodlake Apartments WEST: "R-7.5" Single Family District—Austin Oaks single family development UT -5040-.11"k ITS01INS subject tract is located in "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. The Master Plan designates the subject property as a High Density Residential land use. The applicant's request is in compliance with the Master Plan. R:\AGENDA\07-16-02\ZO2-05.4.docc 2 07/09/02 11:12 AM THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan designates McPherson Drive as a Type F Collector which requires a minimum right-of-way of 60 feet developed as two lanes. /mh R:\AGENDA\07-16-02\ZO2-05.4.docc 3 07/09102 11:12 AM TRC ARCHITECTS Fax:81e-5e1-W64 jun � uz 0-I)f r.uz ZONE CHANGEICONCEPT PLAN APPLICATION L APPLICANT/AGENT NAME A�'E COMPANY NAME - I )_ ADDRESS C2 CITY -STATE zip PHONE# FAX # �S --,33 2. APPLICANTS INTEREST IN SUBJECT PROPERTY ca^..� A�? 5��- •�' ' z -,TY ,�d 3. PROPERTY OWNER(S) NAME �\Afl. ADDRESS A CITY STATE •-ZIP PHONE# 6 1 4 -FAX#_ 4, ADDRESS OF SUBJECT PROPERTY LEGAL DESCRIPTION: LOT I,— BLOCK —ADDITION A I SIZE OF SUBJECT PROPERTY ACRES SQUARE FOOTAGE METES & BOUNDS MUST BE DESCRIBED--O-NN ESCRIBEDON 81/2" X 11" SHEET 5. PRESENT ZONING CLASSIFICATION K 2, 6. PRESENT USE OF PROPERTY V 7. REQUESTED ZONING DISTRICT PA F 8. THE APPLICANT UNDERSTANDS THE MASTER PLAN DESIGNATION AND THE MOST RESTRICTIVE ZONE THAT WOULD ALLOW THE PROPOSED USE IS 9, MINIMUM/MAXIMUM DISTRICT SIZE FOR REQUESTED ZONING ',SUM VJA o:zcu\aWr,,cp 2 www.ci.grapevine.bf.us 10. DESCRIBE THE PROPOSED USE O-Da&A� kft" r-7r7 i1 11. THE CONCEPT PLAN SUBMISSION SHALL MEET THE REQUIREMENTS PF -ab i& 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. Public 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 'ime of submittal. 12. SIGNATURE TO AUTHORIZE THE FILING OF A FINAL SITE PLAN. APPLICANT (PRII APPLICANT SIGN OWNER (PRINT) OWNER SIGNATURE ozcu\aPpm-cp www.a.grapavineAxU$ 3 im TRC WUil I LL I to rax ;oi(-D(i-,jv-v4 - W I" The State of County of Before me on i 2 this day personally appeared known to me (or proved to me on the oath of (description of identity card or other do=nent) 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. Givenunder my hand and seat of office this B day of SEAL PU, DEBBIE ROGERS NOTARY PUB' -'C STATE OF TEXAS My Comm. EXp. 06-3o-2004 OF The State of County of LA"N-AA--� Signature Before me this day personally appeared own to me -,�or proved_ to me on the oath of o:)r t� , (description of r 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 seal of office this :3 day of -D. A SEAL o1,FyP(, y P('. DEBBIE ROGERS NOTARY PUBLIC STATE OF TEXAS -30-2004 —f C ()-M Exp. 06 0zW\aPPzn-CP 4 1/99 www.d.grapWne.bLus a 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 Z02-05 ON A TRACT OF LAND OUT OF THE THOMAS EASTER SURVEY, ABSTRACT NO. 458, 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 -MF -2" MULTIFAMILY DISTRICT REGULATIONS TO "R -MF -1" MULTIFAMILY DISTRICT REGULATIONS; 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 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: 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 ORD. NO. 2 as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby ` amended and changed b Zoning Application Z02-05 to rezone the following described 9 Y g pp � 9 property to -wit: being a 1.3 acre tract of land out of the Thomas Easter Survey, Abstract No. 458, Tarrant County, Texas and platted as Lot 1, Block 1, Clairmont Place, (2172 McPherson Drive), which was previously zoned "R -MF -2" Multifamily District Regulations is hereby changed to "R -MF -1" Multifamily District Regulations, 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 „T,, 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. 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. ORD. NO. 3 Section 8. That this ordinance shall become effective from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on first reading on this the 16th day of July, 2002. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE on second and final reading on this the day of 2002. ATTEST: ORD. NO. 4 EXISTW. SPYLE FAMILY HOU5E Z STORY r- EX161TW 6' WOOD FENCE AUSTIN OAKS ADDITION SF ZONING .) R-(.5- - EXISTW. SW41i FAMILY HOUSE 2 STORY �I EXISTING APA ONINC��-�-�EATS RMF -2 z E%MTFY PAP,'NG t.Of . ICAR COVERED COVED J, I CDVE EXI5TWa SINGLE FAMILY HOUSE 2 STORY _ . I nvF 6'MASONRY . \ .000• ® • MCPHERSON DRIVE SPi.Oi CONCEPT SITE PLAN N, W E 0 20 40 80 120 s EXISTING APARTMENTS RMF -2 ZONING — t— &ITE LOCATION McPHETu`Gti LAR m q 3 Q S�)� � NOR'fHilES HWY. 5� .00ATION MAP NORTH E CLf, I v F- JUN 2 7 2002 PLAN NJ ; gCT t :. W�� CdA PLn x ' f F Z S� � E- E- LIVE - MeliEAKN TWNIQE'. 70141 L", k CLOCK LCLARf'Mrt Race MAYOR 6ERETARY oaiE: AND>ON10 W� CKAV N WE: OF - APPROVAL DOES NOT AITHOMZE ANY UOW N CON;.ICT WITH ANY CODES OR ORDINANCES. D{YAPt"M Cr otVELdRBit deRV1CM E- H W DATE: 8/3/02 REVISED: B/25/02 REVISED: REVISED. SHEET: spt E+ w LIVE OAK CEDAR ELM 1-x-1 H GRNAt$71TAL TREE RED OAK E- �W 0 O 5 a w TOWNHOME SITE DATA Q110aENT ZONING. R MF2 (,2 FROP05ED ZONING R MFI �t Fl -1 r - Q' cQ LAT 512E 56,629 SF L3 ACRE U OPEN SPACE 29)30 SF (50 % OF SITE) PROP05ED STORIES TWO (2) TWD IS tMAXrtM PROPOSED HEIGHT 32 FT TO RIDGE 35 FT 18 MAXA1lM TOTAL Il n 10 T3W TOTAL GR098 W BI - 2 BDRM- 2 BTH 10 Ij50 SF W/IGARAGE PA3CN6 SPACES REQUIRED 10 LNITS X 25 25 z PARCING. SPACES PROVIDED 'W�t IV GARAGES= 10 10 DRIVES • b H 13 GUEST SPACES : 13 f1 33 f 4 MeliEAKN TWNIQE'. 70141 L", k CLOCK LCLARf'Mrt Race MAYOR 6ERETARY oaiE: AND>ON10 W� CKAV N WE: OF - APPROVAL DOES NOT AITHOMZE ANY UOW N CON;.ICT WITH ANY CODES OR ORDINANCES. D{YAPt"M Cr otVELdRBit deRV1CM E- H W DATE: 8/3/02 REVISED: B/25/02 REVISED: REVISED. SHEET: spt