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HomeMy WebLinkAboutZ2023-06MARSH A L L ESTATE S 24874 ELLIS 12640 NORTH MAIN P L 30044 PALPA N T ADDN 31449 PALLAG G I O S ESTS 31442 PEACH STREE T 31935 BANYA N PLACE 1588 .58 AC 7.74 AC 2.544 @ .5 AC 3.0 AC 2 1 2 1 1 1 1 1 1 HALL ST CH U R C H S T PEACH ST TR 20A TR 18 TR 1 6 F TR 14A1 TR 16C1 TR 1 3 B TR 1 2 A TR 1 3 A TR 1 2 A 1 TR 16 TR 16D1 TR 1 6 E TR 16E1 TR 16BTR 16DTR 16C TR 11 76 5 8 4 6 132 31 4 5 6 1813 19 7 8 9 10 11 12 20 16 21R 4 5 3 9 22R 10 11 12 2 24 28 29 1 1A 1 3A 2 1 2 3B 3A 2B 4A 4B5A 1B 1A 2A 5B 6A 6B7A7B 15 17 14 10 9 8B 8A 8 76 18 PARK CAVINESS DR AP P L I N G D R .98133 @C A V I N E S S C T APPLING CIR 1 2 4 5 6 7 8 LEAL CT STATHA M ESTS 40241 1 GRAPEVINE SERVIC E CENTE R 16074M W ILDWOO D C T .684 @ R-7.5 R-MF-1 R-5.0 R-3.75GU W PEACH ST HALL ST C A VINESS DR Z23-06; 0 70 140 210 280 Feet ² Date Prepared: 6/7/2023 This data has been compiled by the City of Grapevine IT/GIS department. Various official and unofficial sources were used to gather this information. Every effort was made to ensure the accuracy of this data, however, no guarantee is given or implied as to the accuracy of said data. ELLIS 12640 PALPA N T ADDN 31449 2.544 @ .5 AC 1 1 HALL ST CH U R C H S T PEACH ST TR 1 6 F TR 16C1 TR 1 3 B TR 1 3 A TR 16C 6 3 31 4 5 6 1813 19 12 20 2 3B 3A 2B 4A 4B5A 1B 1A 2A 5B 6A 6B7A 7B 14 R-5.0 R-3.75 GU W PEACH ST HALL ST Z23-06; 218 West Peach Street 0 30 60 90 120 Feet ² Date Prepared: 6/7/2023 This data has been compiled by the City of Grapevine IT/GIS department. Various official and unofficial sources were used to gather this information. Every effort was made to ensure the accuracy of this data, however, no guarantee is given or implied as to the accuracy of said data. SUBJECT PROPERTY FILE #Z23-06: 218 WEST PEACH STREET NOTICE OF PUBLIC HEARING GRAPEVINE CITY COUNCIL AND PLANNING AND ZONING COMMISSION Because you are a property owner within 200 feet of the subject tract of land as shown by the last City-approved tax rolls, you received this notice. If you cannot or do not wish to attend the hearing, the attached form is provided for your convenience. If owners of more than 20% of the property within 200 feet of the subject tract object to the case, a 3/4 vote of the City Council is required to approve the request. Case Number/Name: Z23-06 Applicant: Pope Hardwicke/ Cheyenne Haddad Location: 218 West Peach Street Current Zoning: “R-MF-1”, Multifamily District Regulations Purpose of Request: The public hearing is to consider an application submitted by Cheyenne Haddad for Pope Hardwicke for property located at 218 West Peach Street, platted as The-Grapevine Lot 4, Ellis Sub. The applicant is requesting to rezone 0.131 acre from “R-MF”, Multifamily District Regulations to “R-5.0”, Zero-Lot-Line District. A copy of the site plan is on file with the Department of Planning Services or online with the City Council packets at https://grapevinetexas.gov/89/Agendas-Minutes 72 hours prior to the meeting. Hearing Procedure: When: 7:30 PM, TUESD AY, JUNE 20, 2023 What: JOINT PUBLIC HEARING GRAPEVINE CITY COUNCIL & PLANNING AND ZONING COMMISSION Location: PUBLIC HEARING: COUNCIL CHAMBERS, 2nd FLOOR COMMISSION'S DELIBERATION SESSION, 2nd FLOOR 200 S. MAIN STREET, GRAPEVINE, TEXAS Applicant and Other Speakers' Presentation. Public Input, Neighborhood Associations, Property Owners within 200 feet, Interested Citizenry. Questions from City Council and Planning and Zoning Commission for Applicants, City Staff and Guests Present. FILE #Z23-06: 218 WEST PEACH STREET WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 12 PM ON MONDAY, JUNE 19, 2023. Procedure to Respond: As (a Property Owner within 200 feet of the subject tract) or (an interested citizen), I (approve) (protest) and/or (have the following comments) ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ______________________________________________________________________ Printed Property Owner Name and Address, or Lot, Block and Subdivision: ________________________________________________________________________ ________________________________________________________________________ Signature :______________________________________(Phone No.)________________ Printed Name of Signee: ______________________________ Title: _________________ Telephone: (817) 410-3155 Direct questions and mail responses to: Planning Technician Planning Services City of Grapevine P.O. Box 95104 Grapevine, Texas 76099 Agenda Item # Z23-06.4 1 TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER ERICA MAROHNIC, PLANNING SERVICES DIRECTOR MEETING DATE: JULY 18, 2023 SUBJECT: ZONE CHANGE REQUEST Z23-06, 218 WEST PEACH STREET (SECOND READING) RECOMMENDATION: Staff recommends the City Council approve Zone Change Application Z23-06 on the second reading of an ordinance and take any other action necessary. BACKGROUND: Zone Change Request Z23-06 was submitted by Cheyenne Haddad and approved on the first reading of an ordinance by City Council at the June 20, 2023 meeting. The request was to rezone 0.131 acre from “R-MF-1”, Multifamily District to “R-5.0”, Zero-Lot-Line District with the intent to construct a new single-family dwelling on the subject site. The subject property has frontage on both West Peach Street and Church Street and is vacant and undeveloped. The applicant sought approval of a variance from the Board of Zoning Adjustment to allow for a reduction in the minimum lot depth of 18 feet, platted as Lot 4, The Ellis Subdivision. The Board approved the variance request at their July 10, 2023 meeting. /at AMENDED CC ITEM #8, 26 PZ ITEM #6, 11 TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER ERICA MAROHNIC, PLANNING SERVICES DIRECTOR MEETING DATE: JUNE 20, 2023 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE CHANGE APPLICATION Z23-06 218 WEST PEACH STREET APPLICANT: Cheyenne Haddad PROPERTY LOCATION AND SIZE: The subject property is located at 218 West Peach Street platted as Lot 4, The Grapevine Ellis Subdivision. The property contains approximately 0.131 acre and has approximately 69 feet of frontage along West Peach Street and 82 feet of frontage along Church Street. REQUESTED ZONE CHANGE AND COMMENTS: The applicant is requesting to rezone 0.131 acre from “R-MF-1”, Multifamily District to “R- 5.0”, Zero-Lot-Line District with the intent to construct a new single-family dwelling on the subject site. The property owner intends to develop a new residential dwelling on the subject site. If approved, this will be the first reading of an ordinance for the rezoning request given the subject site requires approval of a variance to Subsection 16.G.5., Minimum Lot Depth, of Section 16, “R-5.0”, Zero-Lot-Line District of the Zoning Ordinance, which requires that every lot have a minimum lot depth of 100 feet. The existing lot has a depth of 82 feet. A variance is needed to reduce the required minimum lot depth from 100 feet to 82 feet. This item will be heard before the Board of Zoning Adjustment at their July 10, 2023 meeting. If approved by the Board, the second reading of the rezoning ordinance will take place at Council’s July 18, 2023 meeting. Z23-06.4 2 PRESENT ZONING AND USE: The property is currently zoned “R-MF-1”, Multifamily District and was developed with a single-family dwelling. The property is now vacant and undeveloped. A dwelling on the subject site over the course of time sat vacant, was designated an open and vacant structure and finally was determined to be a dangerous structure. The property owner’s efforts to rehabilitate the dangerous structure acquiesced in the decision to demolish the structure. The structure has been demolished. The requested zone change and associated Board of Zoning Adjustment request depicted on the proposed plot plan is an attempt to bring the subject site into compliance. HISTORY OF TRACT AND SURROUNDING AREA: The subject site was initially zoned “R-1”, Single-Family Dwelling District prior to the 1984 City-wide Rezoning at which time the subject site was rezoned to “R-MF-1” Multifamily District. The “R-MF-1” Multifamily District zoning on the subject site rendered the site and use legal non-conforming (vested), however the removal of the dwelling (dangerous structure) has resulted in the loss of the legal non-conforming status. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: “R-3.75”, Three and Four Family District – Single-family residences SOUTH: “R-MF-1”, Multifamily District – Duplexes EAST: “R-MF-1”, Multifamily District – Single-family residences WEST: “GU”, Governmental Use District – City of Grapevine Service Center AIRPORT IMPACT: The subject property is not located within any of the noise zones as defined on the “Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs” map. MASTER PLAN APPLICATION: Map 2: Land Use Plan of the Comprehensive Master Plan designates the subject property as Residential Medium Intensity (RM) land use. The request is compliant with the Master Plan. THOROUGHFARE PLAN APPLICATION: West Peach Street and Church Street are not designated on the City’s Thoroughfare Plan. /at ORDINANCE NO. 2023- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS GRANTING ZONING CHANGE Z23- 06 FOR LOT 4, THE GRAPEVINE ELLIS SUBDIVISION AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS (218 WEST PEACH STREET) MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM “R-MF-1”, MULTIFAMILY DISTRICT TO "R-5.0”, ZERO-LOT-LINE 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); 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 and 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 Ordinance No. 2023- 2 Z23-06 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 as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby amended and changed by Zoning Application Z23-06 to rezone the following described property to-wit: being 0.131 acre lot platted as Lot 4, The Grapevine Ellis Subdivision, Tarrant County, Texas (218 West Peach Street), more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned “R-MF- Ordinance No. 2023- 3 Z23-06 1”, Multifamily District is hereby changed to “R-5.0”, Zero-Lot-Line 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. 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. Ordinance No. 2023- 4 Z23-06 FIRST READING PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 20th day of June, 2023. SECOND READING PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 18th day of July, 2023. APPROVED: ________________________________ William D. Tate Mayor ATTEST: _________________________________ Tara Brooks City Secretary APPROVED AS TO FORM: _________________________________ Matthew C.G. Boyle City Attorney