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Home My WebLink AboutItem 03 - Z16-06 North Starnes Street TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: JUNE 21, 2016 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE CHANGE APPLICATION Z16-06 J.J. HALL'S REVISION Gr akene APPLICANT: Briar Pointe LP Dova 1 '`— Ra I.H.1635 "°"'` PROPERTY LOCATION AND SIZE: Pam ,a ij5�i W \rah�� 5? ' The subject properties are located at 210, and 216 1 North Starnes Street and are platted as Lots L and M 1 Sy DFW I 1 Hall-Johnson s Airport x� J.J. Hall Addition. The properties contain r____m approximately 28,000 square feet(0.642 acres) and have 139.86 feet of frontage along North Starnes Glade Rd. `m Street. 0 REQUESTED ZONE CHANGE AND COMMENTS: The applicant is requesting a zone change to rezone 0.642 acres from "PO" Professional Office District to "R-5.0" Zero Lot Line District for the development of two single family detached residential lots. On November 18, 2008 the City Council approved Z08-12 (Ord. 2008-69) to rezone the subject site from "R-5.0"Zero-Lot-Line District to"PO" Professional Office District. Prior to the zone change request, the City Council approved MP08-02 (Ord. 2008-51) at their September 16, 2008 meeting to change the Future Land Use from Residential Medium Density to Low Intensity Commercial. It is the applicant's intent with this request to develop two, "R-5.0" Zero-Lot-Line single family lots on the subject property that meet all the requirements of the ordinance. OAZCL1216-06.4 1 June 15,2016(4:24PM) PRESENT ZONING AND USE: The properties are currently zoned "PO" Professional Office District and are vacant. Previously the subject properties were developed with a single story wood frame structure (Lot L), and a single story wood frame structure with a large, three-bay metal building (Lot M) which have been demolished. HISTORY OF TRACT AND SURROUNDING AREA: The subject property was zoned "SP" Specific Use Permit (Z79-09) for the operation of a day care center and all other uses permitted in the "C-1" Neighborhood Business District prior to the 1984 City Rezoning. The subject and surrounding property were rezoned to"R- MF-1" Multifamily District during the 1984 City Rezoning. The property to the north, and across Starnes Street to the west was zoned "R-1" Single Family District and the property to the south was zoned "R-2" Two Family District prior to the 1984 City Rezoning. The property to the east was zoned "C-2" Community Business District prior to the 1984 City Rezoning. At Council's September 18, 2001 meeting the subject and surrounding properties comprising approximately 12 acres in the area known as the"Hill'was rezoned (ZO1-14)from "R-MF-1"Multifamily District to"R-5.0"Zero Lot Line District. At the July 15, 2008 meeting, zone change request Z08-05 was tabled relative to Lot M, JJ Hall Addition to consider appropriate possible Master Plan amendments and zone changes in the immediate vicinity along North Starnes Street. At the September 16, 2008 meeting City Council approved MP08-02 (Ord. 2008-51) to allow for changes to the Future Land Use Map to six lot along Starnes Street. The future land use for the subject site was changed from Residential Medium Density to Low Intensity Commercial. City Council at the November 18, 2008 meeting approved Z08-12 (Ord. 2008-69)on the subject site to rezone from "R-5.0" Zero-Lot-Line District to 'PO" Professional Office District which never developed. Conditional Use Permit CU12-15 (Ord. 2012-23), zone change application Z12-03 (Or.2012-22) and Planned Development Overlay PD12-02 (Ord. 2012-24) were approved by City Council at their May 15, 2012 meeting to allow for a restaurant(Braum's Ice Cream) with drive through service. The approval for CU12-15 expired. On the site to the south the Site Plan Review Committee at their April 13, 2016 meeting approved CU16- 06 to allow for a restaurant (Braum's Ice Cream) with drive through service. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "R-5.0 Zero-Lot-Line District—residential property SOUTH: "HC" Highway Commercial District—vacant lot EAST: "HC" Highway Commercial District—several multi-tenant commercial buildings e.g. Dennis Electric, Longhorn Supply, contractor's services WEST: "R-5.0" Zero-Lot-Line District—residential property O3ZCU216-06.4 2 June 13,2016(2:OOPM) 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 Low Intensity Commercial land use. The applicant's proposal is not in compliance with the Master Plan. THOROUGHFARE PLAN APPLICATION: Starnes Street is not a designated thoroughfare as shown on the City of Grapevine Thoroughfare Plan. /at 0AZCU216-06.4 3 June 13,2016(2:OOPM) 18A -- AC - y TR 30T' TR TR - - - - — A 3 _.5 AC.. 01230111 1 1 ® 17 _ _.. 4 o�e� 1A TR 30E �® 5 TR vP oN I TR 0� �o°� 5 3001 sg - 1 16 '�,, .� _._ 3- °� 3013 1�ae3a TR 30G -- 15 ACi _---------- TR_� - 1846 30M TR 31A T- 15AC TR i30R TR juRNEa 1R TR 30B -., ^taN TR 30HJD _ __ ._ 22R1 30N goo 1 O� _ 59 @ TR 25 EM $ 742 @ �� coo �gD TR 32 1 j 30 AC 12 I 2R2 h (, 1 2 3 #2012-3¢! G Ban an 3 HA I _.F� i 2R 2R1 �� ®® .327 @ 1.49 @ �� ai 1 1 5 o �, — -- �,� __— _ 4 D 49 @03 K 2R __ 9 69 05 1 B 012 : r _ 3 4 1R -- - - 2 2 IDXA J ----- -- pP 5 1 8 ; 23 R 4B TR 36A ! 3O I CE 303 3. Northwest 1 O TR 49F a vM °' 7,,,6��5 1 Q. ? cc� N �� v y o rt 000 -----TR-37A .._ - TR 37A1 1R1 oQ MQid ` o o ! v �� I Few; 63 1 I F— Of F— F— F— Feet 0 80 160 240 320 VATE tiT F x VIPN S A tar Street WQ pE s Date Pre ared: 6/6/2016 This data has been compiled by the City of Grapevine IT/GIS department.Various official and unofficial sources were p 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. GRAPEVINE '1.a T E , X A S CITY OFGRAPEVINE ZONE CHANGE APPLICATION PART 1.APPLICA Applicant Name: Briar Pointe LP Applicant Address: 1314 Worthington Street City/State/Zip Grap No. 214.212.0558 Fax No. Email Address jeff@averyhomesdfw.com Mobile Phone 214.212.0558 Applicant's interest in subject property Owner PART 2. PROPERTY INFORMATION Street Address of subject property F210&216 Starnes Street Legal Description: Lot L&M Block N/A Addition J.J.Hall's Revision of Starnes Addition Legal description of subject property(metes&bounds must be described on 8 1/2"x 11"sheet Size of subject property: acres 0.642 square footage F27,958 Present zoning classification.PO Professional Office District Requested zoning district R-5.0 Zero Lot Line District Present use of property Vacant Proposed use of property Build two(2)single family homes. The applicant understands the master plan designation and the most restrictive zone that would allow the proposed use is Minimum/Maximum District size for requested zoning PART 3. PROPERTY OWNER INFORMATION Property Owner Briar Pointe LP 1�(�4�i Prop Owner Address 1314 Worthington Street City/State/Zip Grapevine,TX 76051 B Phone No. �214.212.0558 Fax No. ❑ All Zone Chage Requests are assumed to be completed when filed and will be placed on the agenda for public hearing at the descretion 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. /have read and understand all 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. PART 4, SIGNATURE TO AUTHORIZE A ZONE CHANGE REQUEST AND PLACE A ZONE CHANGE REQUEST SIGN ON THE SUBJECT PROPERTY Jeff Avery Print Applicant's Name Wafure Te The State of xas County of Tarrant Before me (notary)1 on this day personally appeared (applicant) Jeff Avery known to me(or proved to me on the oath of 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. (Seal) Given under my hand and seal of office this 7 '= day of /— A.D. FZii (4) t ;aPpY P;a, DEBORAH S WOOD .tea°' ;gig Notary Public,state of Texas ;ter, fry, My Commission Expires June 01, 2018 Notary In and For State of e. r Print Property Owner's Name Property Owner's Signat re The State of County of -4 Before me (notary) 3140e�t on this day personally appeared (applicant) known to me (or proved to me on the oath of 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. (Seal) Given under my hand and seal of office this �af day of A.D. SPRY PU6y6 DEBORAH S WOOD Gt Notary Public,State of Texas My Commission Expires -;;;aF�;•' June 01, 2018 Notary !nand For State of C .� rL y- ACKNOWLEDGEMENT All Zone Change Request 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. l 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. Signature of Applicant Date Signature of Property Owner Date 0 LLe.A__��.�.®—� Legal Description Being all of Lots L & M, J.J. Hall's Revision of Starnes Addition, Volume 1997, Page 446, Plat Records, Tarrant County, Texas (P.R.T.C.T) and being more particularly described as follows: BEGINNING at a 3/8" iron rod found for corner, the same point being located in the southwest corner of Lot K, J.J. Hall's Revision of Part of Starnes Addition; THENCE South 89°35'29" East, a distance of 200.00 feet to a '/2" iron rod found for corner, the same point being in the southeast corner of Lot K, J.J. Hall's Revision of Part of Starnes Addition; THENCE South, a distance of 140.00 feet to a 1/2" iron rod found for corner, said point being the northeast corner of Lot N, J.J. Hall's Revision of Part of Starnes Addition; THENCE North 89°35'29" West, a distance of 200 feet to a '/2" iron rod found for corner, said point being the northwest corner of Lot N, J.J. Hall's Revision of Part of Starnes Addition; THENCE North, a distance of 140.00 feet to the POINT OF BEGINNING containing 0.64 acres or 28,000 square feet, more or less. 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 Z16-06 ON A TRACT OF LAND OUT OF THE A.F. LEONARD SURVEY, ABSTRACT 946, 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 "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS TO "R-5.0" ZERO LOT LINE 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); 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 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 Z16-06 to rezone the following described Ordinance No. 2 property to-wit: being a 0.642 acre tract of land out of A.F. Leonard Survey, Abstract 946, Tarrant County, Texas (210 and 216 North Starnes Street), more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "PO" Professional Office District Regulations is hereby changed to"R-5.0"Zero Lot Line 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 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 Ordinance No. 3 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 21st day of June, 2016. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney Ordinance No. 4 Legal Description Being all of Lots L & M, J.J. Hall's Revision of Starnes Addition, Volume 1997, Page 446, Plat Records, Tarrant County, Texas (P.R.T.C.'T) and being more particularly described as follows: BEGINNING at a 3/8" iron rod found for corner, the same point being located in the southwest corner of Lot K, J.J. Hall's Revision of Part of Starnes Addition; THENCE South 89°35'29" East, a distance of200.00 feet to a ''/2" iron rod found for corner, the same point being in the southeast corner of Lot K, J.J. Hall's Revision of Part of Starnes Addition; THENCE South, a distance of 140.00 feet to a '/2" iron rod found for corner, said point being the northeast corner of Lot N, J.J. Hall's Revision of Part of Starnes Addition; THENCE North 89°35'29" West, a distance of 200 feet to a '/2" iron rod found for corner, said point being the northwest corner of Lot N, J.J. Hall's Revision of Part of Starnes Addition; THENCE North, a distance of 140.00 feet to the POINT OF BEGINNING containing 0.64 acres or 28,000 square feet, more or less. No. 45398CP General Notes: 1. Bearings based on the Texas State Plane Coordinate System,North Central Zone and were obtained by GPS Observations using the Texas Real Time Kinetic Network. 2 Scale One Inch equals Twnety Feet(1"=20'). 3 Iron pins were found at all lot corners _ 4 There are no build n thisproperty. #Turner gs on 5 Old interior fences and concrete not shown. F �r Zoning: -5.0 � ¢ d Concept Plan Natu: SitLot K,J.J.Halls'Revl$lan, 1. A conceptual representation of proposed use has not been shown as the Applicant will work with each prospective homebuyer to custom design a home for each lot.The style of 2 Volume 1997,Page 446,PRTCT the homes will be in keeping with the homes the Applicant has bulk in this area. — — Z. The only vehicular circulation within the subject site will be two(Z)driveways. 0 3. The points of connection to the public right of way will depend upon the design of each home, Z 4. Total number of proposed dwelling umts-Two(2) 5. Total acreage for residential uses=0.642 Ac. 6_ Total acreage for nonresidential uses-0 Northw t Highway 7. A landscaping and buffer plan according to Section 53,Landscaping shall be prepared with the design of each home. '1�\ R O e ('1 t —/7 1 f lf— a Essential public services. water,sewer,dralnoge and solid waste,are already avoilable at this site. 1 V 8 9 5/ 5 / I__ 10 The trees alonor e the Least side are fievel, ve y will be performed on each lot gvery poor condition E.Wall Street 11, There is no internal traffic circulation proposed with this pl— `. 1 Wood fence Height=8' Oak 200.21 5 o No Vicinity Map � Front R setbacks are 25-feet eY; W Rear setbacks are 25 feet Side setbacks are six 6 feet bo AT O e Applicant/Owner 4— \ 1 \e �. N Briar Pointe LP + 0 Jeff Avery,Managing Member L G �� Q 1314 Worthington Street •4- �g Grapevine,TX 76051 In N 8 9 4 Cj 5 \ LL Cinhinhink Fence - w - .... ot Prepared by ca W s .... H'ghT Roger W.Hart,RPLS 200.68 tie Area Surveying,Inc. Q N \ � v 6080 S.Hulen St.,Suite 360#226 / Fort Worth,TX 76132 (n Lot MLo cr o 66 O N r O S 89°39'34" W 'V cn 200.35' \\ Lot N,J.J.Halls'Revision, Volume 1997,Page 446,PRTCT Zoning: HC r [E �r1 i t Concept Plan L1 L.� Lots L&M, J. J. HALL'S REVISION of Lots 11 to 22,Inclusive, STARNES ADDITION, an Addition to the City of Grapevine,Tarrant County,Texas. CASE NAME CASE NUMBER: 210&216 Starnes Road LOCATION: Existing Zoning:PO Proposed Zoning:R-5.0 MAYOR ECRETARY DATE. Current Use:Vacant D PLANNING AND ZONING COMMISSION Proposed Use:Single Family Residential CHAIRMA DATE: Case No.-Z16-06 SHEET of Sheet 1 of 1 APPROVAL DOES NOT AUThORIZE ANY 3 50 0 25 50 100 200 WORK IN CONFLICT WITH ANY CODES OR ® Area Surveying, Inc" ORDINANCES. tJ Roger W.Hart,RPLS DEPARTMENT OF DEVELOPMENT SERVICES ®- vx--en.zsa.a4so I woo-a,easu�eNre.aor COPYRIGHT 2016,ROGER W.HART.RPLS ®Mail:60a0S..Hale,Sass-360,#22261 tort Worth,Tx 1-2 e a�e to ISMS yingFlanNo.IW9—