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HomeMy WebLinkAboutItem 02 - PD05-01 Silverlake Estates2& wit IT, Z n �_7 TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, ACTING CITY MANAGER`t�7 ?L H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES't�' v MEETING DATE: JULY 19, 2005 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF PLANNED DEVLOPMENT OVERLAY APPLICATION PD05-01 .t ___ F(/1 Grapevine (iGrapevine 1)0"e Lake col APPLICANT: Martin Schelling I I I Rd � 1 _ ; PROPERTY LOCATION AND SIZE: I.H. 1635 Northwes The subject property is located at the northeast as P4� ,,a corner of Dove Road and Inland Drive and is proposed to be platted as Lots 100-119 and Lots C, D, and E, Block 1 and Lots 1-28, and Lots F and G, Hall -Johnson Sy�s� AD°Pr % ; Block 5, Silver Lake Estates, Phase 3. The property L, ; contains 52.036 acres. Li M Glade Rd. `m 1 —i REQUESTED PLANNED DEVELOPMENT OVERLAY AND COMMENTS: The applicant is requesting to establish a planned development overlay to allow for a front yard setback of 20 -feet along Spring Creek Drive within Silver Lake Estates, Phase 3. The property, currently zoned "R-7.5" Single Family District has topography that in some instances drops approximately 30 -feet from the western boundary of the proposed single family lots on the west side of Spring Creek Drive to the eastern boundary of the proposed lots on the east side of Spring Creek Drive. The applicant proposes to reduce the front yard setback by ten feet allowing a front yard setback of 20 -feet rather than 30 -feet to compensate for the extreme topography and minimize the need to remove mature trees during the construction process. In addition this reduction in the front yard setback will allow the creation of a 20 -foot buffer between the proposed single family homes on the east side of Spring Creek Drive and the Grapevine Cemetery. To further minimize the impact on trees and to compensate for the topography on the site a 45 -foot right-of-way is proposed rather than 50 -feet. 0:\ZCIJ\PD05-01.42 1 July 11, 2005 (12:56PM) Included in this application is a request by the applicant to grade and construct lots on the east side of Spring Creek Drive during the street and infrastructure phase of construction of the subdivision. With over 26,000 cubic yards of dirt to be excavated in this area allowing preparation of the pad sites during this phase of construction will minimize drainage issues and minimize damage to Spring Creek Drive. Pad sites on the west side of Spring Creek Drive will be done in the typical fashion by the builder with a building permit for that particular lot. The applicant intends to remove only those trees necessary to make the improvements necessary to the subdivision. To mitigate those trees removed during the construction process the applicant intends to plant a total of 150 trees, minimum three caliper inches in diameter, from our approved tree list to be planted in this phase of the Silver Lake development. See the attached letter. This request was tabled at the June 21, 2005 meeting due to an error in the notification process. PRESENT ZONING AND USE: The property is currently zoned "R-7.5" Single Family District and is undeveloped. HISTORY OF TRACT AND SURROUNDING AREA: The subject and surrounding property was zoned "R-1" Single Family District prior to the 1984 City Rezoning. At the April 18, 2000 joint public hearing, Council approved Zone Change Request Z00-04 for the property to west which rezoned 31.124 acres from "R-7.5" Single Family District to "R-5.0" Zero -Lot -Line District for development of single family period style homes. At the July 18, 2000 meeting, Council approved conditional use request C000-32 to allow for period homes with 20 -foot front yard setbacks and side yards of six feet for the property to the west. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "GU" Governmental Use District—Corps of Engineers property, Grapevine Lake SOUTH: "R-5.0" Zero Lot Line District—Single family development, Silver Lake Addition EAST: "GU" Governmental Use District—elementary school, cemetery WEST: "R-7.5" Single Family District and—Single family development, Silver Creek Estates 0:\ZClJ\PD05-01.42 2 July 11, 2005 (12:56PM) Ulm --Tojs-•• 9 rX • 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 Density Residential land use. The applicant's proposal is in compliance with the Master Plan. yrs 0:\ZCU\PD05-01.42 3 July 11, 2005 (12:56PM) APR 1 3 2005' CITY OF GRAPEVINE PLANNED DEVELOPMENT OVERLAY APPLICATION PART 1. APPLICANT INFORMATION Name ofapplicant /a rY. � S� �� /rte Street address of applicant /agent� 66ter1 V. //, 1f/j// City l State / Zip�C, o de or appucam / agent: /PQ tet/ l �f e Fax number of applicant / agent: Telephone fiumber of applicant agent: � � el� Appficants interest in subjecl property• ^ p PART 2. PROPERTY INFORM A ION Street a dress�of subje prop& t_egal description of subject property (metes & bounds must be described on 8 112"x 11" sheat) Q�ift a.ed? Size of subject property J 2, 03 C> Acres S uare faota e Present zoning classirrcation: Proposed use of the property: r Minimum / maximum district size for request: Zoning ordinance provision requesting deviation from' �� PART 3. PROPERTY OWNER INFORMATION Name of current property owner- -§t wner: Sr e Street address of propert owner: City / State 1 Zip Code of property owner. �''4 GJ-t�i �c p / ?� Fax number of property owner: Telephone number of property own r.90_ T /T S" 9 ` ❑ Submit a fatter describing the proposed Planned Development and note the request on the site pian document. LlDescrib any special requirements or conditions that require deviation of the zoning district regulations. C] Describe whether the proposed overlay will, or will not cause substantial harm to the value, use or enjoyment of other property in the neighborhood. ❑ Describe how the proposed planned development mantq o entt w ll add tofthe value, Site Plan enjoyment njo ent of other property in the neighborhood. 2 OAZCU\FO RMS�app.pd.doc 04.05 2-d STOCOTt+LTB S33IAd3S 1W3Wd013A3Q Eti0:80 SO TT .add Pet. , . ''. " -, -- 10 .. — ionsareassume to be e when fited and will be place on the nda for public hearing at the � All planned development overlayon the of the agenda, your application tmay be scheduld to� later � atmngs mayebe continued to the next public discretion of the staff. Base l cants and interested citizenry. � All public hearings will be opened and testimony given by approved by city council hearing. Public hearings will not be tabled. roved with a planned development overlay can only be app Any changes to i site plan ro matter how minor or major) ePP for planned develo ment overlay and acknowledge that all through the public hearing process.P ❑ 1 have read and understand all the requirements t t set forth s the application re uiremenfs of this a licaton have been met at the time of submittal. DEV PROPERTY ENT OVERLAY REQUEST AND PLACE A PLANNED PART 4. SIGNATURE TO AUTHORIZE PLANNED ELOPM OVERLAY REQUEST SIGN ON TH /�,4 S���t!l ilt , ma'\ � �� Applicant's Signa ture: Print Appficanps Name: The State Of -7� Xa- r County Of Mkl��K w• G —J� S i I 1 on this day personally appeared (applicant) Before Me (notary) known to me (or proved to me on the oath � cla�he puother sesdocument) and cons6 � bon the therein expressed. rson whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the sal r i A D t V 1 (Seat) ivhaand d seat of o>ice this-- ) ' day of G •' t VV LEEANN LINDSEY Notary Public, State of Texas ('.� r�• My CommsSion Expires Notary In And For State Of texas dyA�� Property Owner's Signature: Print Property Owners Name. The State Of 7'e x,S- County Off (� on this day personally appeared �� (property owner) Before Me i� j) (notary) C 7 whose known to me (or proved to me on the oath of carder then do and ument) to be ton therein expressed name is subscribed to the foregoing instruthe erson mentand acknowledged to me that ha executed the same fort purposes h , r) A.D. gc' F),D (Seat) Given under my hand and seal of office this day of f� L '�, LEEANN LINDSEY �Of r NotaryicState of Texas Notary fn And For Stxasn 08 0:\7-CU\FORMS\apP. pd•doc 04.05 6.d BT060ttILTB S30lAM3S 1N3Wd013A3a eio:80 SO TT ,add 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 fees. The application, along with the required riling 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 requirements as set forth by the application for planned development overlay and acknowledge that all requirements of this application have been met at the time of submittal Signature of Applicant Date:'r/ / o U-(! 9 Si nature of Owner Date: 0:2CUTORMS�app. pd.dac 04.05 ',/,W�� -'� -, {, •d BTOEOIi�LTa S33IA83S 1W3Wd0-13A3Q 4 eb0=80 SO TI Jdu May 2, 2005 Ron Stombaugh City of Grapevine P.O. Box 95104 Grapevine, TX 75006 Dear Mr. Stombaugh: Attached please find a Planned Development Overlay Application for the proposed Silver Lake Estates Phase 3 subdivision located at Dove Road and Inland Drive. The property is currently zoned R 7.5 Single -Family District and this request is intended to address Section G. l Depth of front yard in the zoning district, the street right-of-way and grading of a portion of the lots. As indicated on the site plan we are requesting the front building line set back for the lots fronting on Spring Creek Drive be reduced from thirty feet to twenty feet. The reduction will allow us to adjust the land plan and create a twenty foot wide buffer between the Grapevine Cemetery and the proposed development. The buffer area contains many mature trees and the purpose of this request is to save those trees. This twenty foot wide buffer will be deeded fee simple to the Grapevine Cemetery and will be undisturbed by the construction of the subdivision and by the construction of the future homes. Also indicated on the site plan is a 45' street right of way with the appropriate sidewalk and utility easements. This 5'adjustment will be allow the lots on the east side of Spring Creek Drive to slightly deeper to compensate for the extreme topography and position larger lots adjacent to the Grapevine Cemetery. The topography of this entire phase is the driving factor for the request to grade the lots on the ease side of Spring Creek Drive. From east to west across two lots there is an extreme drop in elevation. In the worst case the land drops approximately 30 feet from rear lot line to rear lot line. Included in the Planned Development plan is an aerial with an area highlighted by a yellow boundary. This highlighted area indicates the area we propose to grade and construct the lot building pads during the construction of the subdivision. From a practical view point this is the only feasible way to construct the community. The project will require 26,000 cubic yards of dirt to be excavated. Performing the excavation during the subdivision construction phase will minimize drainage problems, damage to a new street and protect the integrity of the public improvements. The lot pads on the west side of Spring Creek Drive will be constructed by the builder at the time building permits are issued. The Silver Lake project contains a total of 115 acres and approximately 40 acres of the project will remain undeveloped this area is highlighted on the aerial by the white boundary. The proposed area to be graded contains approximately 7 acres. As with all of our developments, we will only remove the trees necessary to adequately complete our improvements. As part of the Planned Development Application we propose to plant a total of 150 trees in this phase of Silver Lake with a minimum caliper size of 3 inches. The trees will be planted during the home construction phase and the varieties will be from the City's approved tree list. If our Planned Development request is approved the development of the community will not cause any harm to the value, use or enjoyment of other property in the neighborhood. The proposed Planned Development will add a substantial buffer for both the cemetery and the future home sites adding value, use and enjoyment for the neighborhood. We respectfully request the approval of our application. If you have any questions or I can be of assistance, do not hesitate to call me. Sincerely, Martin W. Schelling MWS/mws I 1 f i , I! ! 1 a f i I i I 20' , a i I I I i l i \ I W M 0; / '590 / i EXISTING GROUND LINE o m 0 J i O Step D Garage n I FINISHED GROUND I INE c r o STREET LO � T 1 1580 i N { 1 1 � (575 SCALE i \ 1 I#= 40' Hor. . \ I ` = 4 ' Vert. I \ I SECTION B -B!1570 I I . 565 { I f i J 20' 590 ~ t-OT 15 v Y � 0 o U 1 Step D Garag `' wn �e EXISTING c9 GROUND LINE M 585 ca F— © FINISHED GROUND LINE —� STREET �• LOT 106 5801 oi Q cr 575 SCALES \ I#= 4 ' Vert. 570 SECTION B-B 1 565 7 A 10710011i [01:81 � 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 PD05-01 ALONG SPRING CREEK DRIVE IN A DISTRICT ZONED "R-7.5" SINGLE FAMILY DISTRICT REGULATIONS 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; 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 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 ORD. NO. 2 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 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 No. PD05-01 to allow a front yard set back of 20 -feet along Spring Creek Drive in a district zoned "R-7.5" Single Family District Regulations within the following described property: Lots 100-119, and Lots C, D, and E, Block 1, and Lots 1-28, and Lots F and G, Block 5, Silver Lake Estates, Phase 3 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. The City Manager is hereby directed to amend the official zoning map of the City of Grapevine, Texas, to reflect the herein planned development overlay 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. 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. ORD. NO. 3 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. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 19th day of July, 2005. ATTEST: ORD. 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SILVER LAKE ESTATES PHASE 3 CASE NUMBER, PD 05-01 LOCATION, - ,dnvOP SECPETAPY DATE PLAIHfaG AND ZDtM,S C— CNA _ DATE S,EET 1 C 2 A-0— DDES WT ADTNDN¢E ANT WD N E— CT WRH AIr•' CD DP OaDwANCES. DEPAPT,.ENT Oi'DEVEL019uENT SER ES PD ZONING EXHIBIT 41, LOTS 100 — 119 AND LOTS C, D, & E, BLOCK 1 LOTS 1— 28 AND LOTS F & G, BLOCK 5 SILVER LAKE ESTATES PHASE 3 BRING PD ZONING REQUEST SITUATED IN THE 1. 20' FRONT BUILDING LINE 2, 45' RIGHT-OF-WAY ON SPRING CREEK DRIVE. 3. LOT GRADING TO BE ALLOWED PER PROPOSED PLAN. 4. 150 MIN. 3" CALIPER TREES FROM CITY APPROVED LIST TO BE PLANTED AT TIME OF HOME CONSTRUCTION. DEVELOPED BY WRIGHT DEVELOPMENT 601601 WALL GRAPEVINE. TEXAS 76051 (8171 481-7751 JUN 13 2005 ` ew®eeba�W9m�n CASE NAME! SILVER LAKE ESTATES PHASE 3 CASE NUMBER, PD 05-01 LOCATION, - ,dnvOP SECPETAPY DATE PLAIHfaG AND ZDtM,S C— CNA _ DATE S,EET 1 C 2 A-0— DDES WT ADTNDN¢E ANT WD N E— CT WRH AIr•' CD DP OaDwANCES. DEPAPT,.ENT Oi'DEVEL019uENT SER ES PD ZONING EXHIBIT OF LOTS 100 — 119 AND LOTS C, D, & E, BLOCK 1 LOTS 1— 28 AND LOTS F & G, BLOCK 5 SILVER LAKE ESTATES PHASE 3 BRING 52.036 ACRES SITUATED IN THE OWNED BY: A.F. LEONARD SURVEY, ABSTRACT NO. 946 CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS Frederik F 10 r e n48 FREPARM BY: ® ODWINI5 RESIDENTIAL LOTS Trustee fiMHAII.IG : }�I A��3[ NON-RESIDENTIAL LOTS JUNE,2W5 UNE, 2005 601 WALL STREET GRAPEVINE. TEXAS 76051 CtALENGIN�- PLANNERS -^SURVEYORS 24Muarap DAra• Crapv**. TXM051 05 Z5 \MEET I OF SHEET (817) 401-7751 Metro (017) 3284973 L PDD 005-01