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HomeMy WebLinkAboutItem 05 - CU03-40 Gedrose HouseD CCMM # 5.11 ei Z.0 � TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: ROGER NELSON, CITY MANAGER/V H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES MEETING DATE: OCTOBER 21, 2003 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU03-40 t, I 1 t 1 _ _— ----------- Grapevine I Lake C?^ APPLICANT: Orin and Colleen Gedrose � I OVe ' I ' > I � I I.H.1635 PROPERTY LOCATION AND SIZE: The subject property is located at 401 North Dooley S Street and is platted as Lot 1, Block A, J. Jones DFW ; I ' Hall -Johnson y�so Airport a ; Crossing Addition. The site contains approximately I_IL T--- o 8,146 square feet and has 100 feet of frontage along m Glade Rd. ;, I I Turner Road and 78 feet of frontage along North Dooley Street. 3 REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to allow for a period home. The applicants' intend to build a 2,525 square foot home located at the northwest corner of Turner Road and North Dooley Street. The site is zoned "R-5.0" Zero -Lot -Line District. With approval of a conditional use the front yard setback may be reduced five feet from 25 - feet to 20 -feet if the structure is determined to be a "period home." A period home is defined as a home which the exterior elevations incorporate amenities from housing designs during the 1930's to the 1950's. The Historic Preservation Officer has determined that this housing design is within the same spirit as those period style homes that have 0AMUZU03-40.4 1 October 13, 2003 (4:07PM) already been approved by the City Council. PRESENT ZONING AND USE: The property is currently zoned "R-5.0" Single Family District and is vacant. HISTORY OF TRACT AND SURROUNDING AREA: The subject property and the property to the north, south and west were rezoned from "R- 1" Single Family District to "R -MF -1" Multifamily District in the 1984 City rezoning. The property to the south was rezoned to "R-5.0" Zero -Lot -Line District (Z01-05) at the April 17, 2001 meeting. The property to the east was rezoned from "I-1" Light Industrial District to "CC" Community Commercial District during the 1984 City rezoning. Zone Change Request Z01-14 approved by Council at the September 18, 2001 meeting, was a City initiated zoning case that rezoned a number of tracts in the area known as "The Hill" from "R -MF -1" Multifamily District to "R-5.0" Zero -Lot -Line District to spur residential development in the area. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "R-5.0" Zero -Lot -Line District — unplatted property SOUTH: "R-5.0" Zero -Lot -Line District — single family residence EAST: "CC" Community Commercial District — vacant metal building WEST: 1, "R-5.0" Zero -Lot -Line District — unplatted property 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 Residential Medium Density land use. The applicant's request is in compliance with the Master Plan. 0:1ZCUlCU03-40.4 2 October 13, 2003 (4:07PM) 31i The Thoroughfare Plan designates North Dooley Street as a Type E Collector with a minimum 75 -foot right-of-way developed as four lanes. Irs 0:\ZCL1CU03-40.4 3 October 13, 2003 (4:07PM) CU03-40 INE T $ X " SCITY OF GRAPEVINE �s 4 CONDITIONAL USE APPLICATION Form "A" PART 1. APPLICANT INFORMATION Name of applicant/ agent: C SbW address of applicant/ agent. P, (+- City/State/Zip Code of applicant/agent: 'r e S Telephone umber of applicant/ agent.- Fax number of applicant / agent: --- - 9 9 S I -- — 7 8 Applicant's interest in subject property: By - 1 t\ 4--0 \0 t4A id h�e') �N () m � PART 2. PROPERTY INFORMATION Street address of subject property 01 . boo Le s+feej— Legal description of subject property (metes & bounds must be described on 8 1/2"x 11"sheet) A ," Lr ra o a i a r v e cl Size of subject property Acres S uare foots < Present zoning classification: Proposed use of the property. Q gt, S Minimum / maximum district size or conditional use request. Zoning ordinance provision requiring a conditional use: PART 3. PROPERTY OWNER INFORMATION Name of current property owner. a L Street address of property owner. /Zip Code of property owner. TState Telephone n ber of propertyowner. Fax number of property owner ❑ Submit a letter describing the proposed conditional use and note the request on the site plan document ❑ in the same letter, describe or show on the site plan, and conditional requirements or conditions imposed upon the particular conditional use by applicable district regulations (example: buffer yards, distance between users) ❑ in the same letter, describe whether the proposed conditional use will, or will not cause substantial harm to the value, use, or enjoyment of other Also, describe how the conditional use will add to the value, use or enjoyment of other property in the property in the neighborhood. proposed neighborhood. ❑ Application of site plan approval (Section 47, see attached Form B7. 10 The site plan submission shall meet the requirements of Section 47, Site Plan 2tguirements. 0 All conditional use and conditional use 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. 0 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 conditional use or conditional use permit can only be approved by city council through the public hearing process. O 1 have read and understand all the requirements as set forth by the application for conditional use or conditional use permit afid acknowledge that all requirements of this application have been met at the time of submittal , k PART 4. SIGNATURE TO AUTHORIZE CONDITIONAL USE REQUEST AND PLACE A CONDITIONN tZ " REQUEST SIGN ON THE SUBJECT PROPERTY 'a"? Print Applicant's Name: Applicant's Signature: The State Of County Of n �% Before Me �fYTi2[ C l r7 t i • t on this day personally appeared (notary) (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. (Seat) Given under my hand and seal of office this day of 5�� A.D. PO 3 PATRICIA A. RIVERA Notary Public, State of Texas .;� My Commission Expires Notary In And For State Of Texas December 06, 2005 P nt Property Owner's Name: P perty Owner's Srg ture: The State OfAj .0-� County Of J Before Me �--' on this day personally appeared (notary) (property owner) 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 w4hat(heofMcutedthe same for the purposes and consi enation therein expressed. NU�Yr,pp�' ._-63. — (Seal) Givenc(e�mybaacj�iftldo Alofoffice this �_ day �, , A.D. �Q :•P�l all g�� � cS' S. •z • ' rf OP�g ._ •._ EXP�P_•• n. •���lfl::FLI«=�� 6 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 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 CONDITIONAL USE PERMIT CU03-40 FOR A PERIOD STYLE HOME IN A DISTRICT ZONED "R-5.0" ZERO LOT LINE 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 CONDITIONAL USE 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 conditional use permit 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 conditional use permit 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 conditional use permit 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 48 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 r WHEREAS, the City Council of the City of Grapevine, Texas, does find that there is a public necessity for the granting of this conditional use permit, 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 conditional use permit 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 conditional use permit 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 conditional use permit for the particular piece of property is needed, is called for, an 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. ORD. NO. 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the City does hereby issue a conditional use permit in accordance with Section 48 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 Conditional Use Permit No. CU03-40 to allow for a period style home in a district zoned "R-5.0" Zero Lot Line District Regulations within the following described property: Lot 1, Block A, J. Jones Crossing Addition (401 North Dooley Street) 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 conditional use 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. 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 21 st day of October, 2003. ATTEST: FI -11 a • •- ORD. NO. 4 f 8,4-75 1 - - - - - - - - E3 L _ =il PROPOSED oAzzl�GE ! r-1201 51" 401 N. f,-)CCLE"r STREET FL07 L, \N LOT I !ON=S CIROS5iNG GR 4PcVI Nom, 7=Xj�S I SF TOTAL AREA OF LOT 8146 BUILDING AREA F3-! FLOOR AREA RATIO 52% TOTAL IMPERVIOUS AREA 926 Phi 10 I CN, TWO STORY RESIDENCE LLI z ! r-1201 51" 401 N. f,-)CCLE"r STREET FL07 L, \N LOT I !ON=S CIROS5iNG GR 4PcVI Nom, 7=Xj�S I SF TOTAL AREA OF LOT 8146 BUILDING AREA F3-! FLOOR AREA RATIO 52% TOTAL IMPERVIOUS AREA 926 Phi 10 I TWO STORY RESIDENCE ! r-1201 51" 401 N. f,-)CCLE"r STREET FL07 L, \N LOT I !ON=S CIROS5iNG GR 4PcVI Nom, 7=Xj�S I SF TOTAL AREA OF LOT 8146 BUILDING AREA 2656 FLOOR AREA RATIO 52% TOTAL IMPERVIOUS AREA 926 TOTAL OPEN 5Pil<-E 4584 'I PLAN NO. j RE,,�R ELEV,'� T !ON SCALE' M,l�SONRY SF T07_AL EX-ERIOR WA -L5 2523 TOTAL WINDO.N5 AND DOORS X85 BRICK OR MASONRY 1580 SIDING A58 PERCENTAGE OF BRICK/MASONRT .775 RNPn co L, ON 5T BASE FROFOSED ELEVP�TI ON Tho STORY RE51Dc.NCE rF,A�R T I AL FOOTER' NT R x �g1_� p- qm-a��T F a�€~o� kx� ff�ra�s �a z 0 W LH C) 0 L oN N o z if ILL PLAN NO. Fli(:aH-1 SIDE LEFT SIDE 5CALE, 1/1. '-0- ;nn 7 z W(f) X H) T,o UI OW co S= wLL IPLAN NO, ;1-3 Nin 0t IPLAN NO, ;1-3 FIRST FLOOR 5C: 1744 SF ( PLAN N7-- SECOND FLOOR lo15 5E ( PLAN NO.