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HomeMy WebLinkAboutItem 05 - Peach Street TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER ERICA MAROHNIC, DIRECTOR OF PLANNING SERVICES MEETING DATE: JUNE 18, 2024 SUBJECT: PLANNING SERVICES TECHNICAL REPORT OF ZONE CHANGE Z24-06; PEACH STREET REZONE APPLICANT: City of Grapevine PROPERTY LOCATION AND SIZE: The subject properties are located south of Hall Street, east of North Scribner Street, west of North Main Street, and north and south of West Peach Street, as well as all north of Caviness Drive. The site contains 4.64 acres and has frontage along Church Street, Hall Street, North Main Street and West Peach Street. REQUESTED ZONE CHANGE AND HISTORY OF TRACT: The properties located south of Hall Street, east of North Scribner Street, west of North Main Street, and north and south of West Peach Street, as well as all north of Caviness Drive, are zoned "R-MF-1", Multifamily District Regulations on the official Zoning Map. The total area is approximately 4.64 acres or 202,180 square feet, including right-of-way. This area includes both single-family detached homes and attached duplexes on platted lots and portions of unplatted tracts. The single-family detached homes were built between 1920 and 1956, while the duplexes were constructed in the early 1980s before the city-wide rezoning in 1984. Previously, the area was zoned "R-3", Multiple-family Dwelling District, which permitted duplexes and single-family detached residences. The zoning ordinance allowed all uses that were allowed by right in the "R-1", Single Family Dwelling and "R-2", Two-Family Dwelling Districts cumulatively. In 1984, the city implemented a city-wide rezoning initiative, reclassifying the area properties to "R-MF-1", Multifamily District Regulations, which does not permit single- family detached residences or duplexes. This zoning designation has remained unchanged on the official zoning map. It's important to note that the city removed the “R- MF-1” district from the Zoning Ordinance in 2011 with Ordinance No. 2011-33 but did not initiate the rezoning of real property throughout the city. The surrounding area mainly consists of single-family detached homes and semi- attached homes. Given the existing neighborhood character and development pattern, staff is proposing to rezone the properties to the "R-5.0", Zero-Lot Line District for single- family detached homes and "R-3.5", Two-Family Dwelling District for duplexes. ISSUES: The current buildings on the subject properties are considered legally nonconforming. If these buildings were to be rebuilt, they would have to comply with the current zoning regulations, which do not permit single-family detached residences or duplexes. The city staff has received questions, concerns, and letters from property owners requesting the area to be rezoned. The reasons cited include the hindrance faced by property owners in expanding or modifying their properties due to zoning restrictions that do not align with the current use of the land. This misalignment creates challenges in obtaining financing or refinancing, as lenders may be hesitant to support properties that are not in compliance with zoning laws. Additionally, property owners encounter barriers to investing in and improving their properties, which can lead to stagnation and deterioration of the area. PRESENT ZONING AND USE: The properties are currently zoned "R-MF-1", Multifamily District Regulations and are currently developed as both single-family detached residences and duplexes. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: “R-3.75”, Three and Four-Family District - Tri- and Four-plexes SOUTH: “R-5.0”, Zero-Lot Line - Single-family detached residences EAST: “R-5.0”, Zero-Lot Line - Single-family detached residences WEST: “R-MF-1”, Multifamily District Regulations and “GU”, Governmental Use – Multifamily dwellings and the City of Grapevine Service Cetner AIRPORT IMPACT: The subject sites are not located within any “Zone” as defined on the “Airport Sound Exposure: Dallas/Fort Worth Regional Airport Environs” map. Agenda Memo 287023 2 MASTER PLAN APPLICATION: Map 2: Land Use Plan of the Comprehensive Master Plan designates the subject properties as Residential Medium Intensity (RM) and Residential High Intensity and (RH) land use. The applicant’s proposal is compliant with the Master Plan. THOROUGHFARE PLAN APPLICATION: The City of Grapevine’s Thoroughfare Plan designates North Main Street as a Type F Collector, which requires a minimum right-of-way width of 60 feet to be developed with two lanes. The City of Grapevine’s Thoroughfare Plan does not designate West Peach Street and Hall Street. /em Agenda Memo 287023 3 MARSH A L L ESTATE S 24874 ELLIS 12640 NORTH MAIN A D D N 30042 GALAIS E ESTS 14994 NORTH MAIN S T SHOPP I N G CENTE R 30045 GRAPE V I N E BUSINE S S PARK 16058 NORTH MAIN P L 30044 BANK O F THE W E S T 1565 PALPAN T ADDN 31449 COOKS SUBD 8298 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 TR 14C .618 AC 11 2 1 1 1 1 2 2 1 1 1 1 1 1 1 ORD 2012-35 #2016-060 SHAD Y B R O O K D R E DOVE LOOP RD HA W T H O R N E S T HALL ST CH U R C H S T PEACH ST TR 20A TR 18 TR 1 6 F TR 14A1 TR 16C1 TR 29 TR 1 3 B TR 31A TR 32 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 11 465 54 555376 52 1351 5 50 12 8 49 11 4 48 10 6 47 13 92 46 31 45 44 43456 1813 19 6 7 8 9 10 11 12 1 20 5 16 21R 4 5 4 133922R 10 11 12 2 2 24 28 29 26 2711171615141325 3 12 11 10 2R1 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 2A SILVER L A K E ADDN 38602 CAVINESS DR AP P L I N G D R BANYAN DR N S C R I B N E R S T N M A I N S T 18 16 15 14 1317 32R1R 3R47R6R5R839 1 2 3BANYA N PLACE 2 1588D 1 .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 GRAPE V I N E SERVIC E CENTE R 16074M W ILDWOO D C T .684 @ GV PO R-7.5 R-MF-1 PO GU CN CN R-5.0 R-5.0 R-7.5 R-3.75 HC GU R-5.0 BANYAN DR N MAIN ST N S C R I B N E R S T HALL ST W PEACH ST CA V I N E S S D R Z24-06; Peach Street Rezone 237, 235, 233, 231, 229, 227, 225, 223, 221, 219, 217, 215, 213, 211, 209, 212, 206, 128, 122, 112 and 207 West Peach Street 503, 511 North Main Street 217, 211, 205, 125 and 119 Hall Street 0 100 200 300 400 Feet ² Date Prepared: 5/30/2024 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 PROPERTIES ORDINANCE NO. 2024-055 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS GRANTING ZONING CHANGE Z24- 06, DESCRIBED AS BEING MULTIPLE PLATTED AND UNPLATTED PROPERTIES OF LAND SITUATED IN THE A.F. LEONARD SURVEY, ABSTRACT NO. 946 IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS (237, 235, 233, 231, 229, 227, 225, 223, 221, 219, 217, 215, 213, 211, 209, AND 207 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 REGULATIONS TO “R-3.5”, TWO-FAMILY DISTRICT; AND MULTIPLE PLATTED AND UNPLATTED PROPERTIES OF LAND SITUATED IN THE A.F. LEONARD SURVEY, ABSTRACT NO. 946 IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS (212, 206, 128, 122, AND 112 WEST PEACH STREET; 503 AND 511 NORTH MAIN STREET; AND 217, 211, 205, 125 AND 119 HALL 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 REGULATIONS 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 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, Ordinance No. 2024-055 2 Z24-06 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 Z24-06 to rezone multiple platted and unplatted properties of land situated in the A.F. Leonard Survey, Abstract No. 946 in the City Of Grapevine, Tarrant County, Texas (237, 235, 233, 231, 229, 227, 225, 223, 219, 217, 215, 213, 211, 209, and 207 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 Regulations to “R-3.5”, Two-Family District; and multiple platted and unplatted properties of land situated in the A.F. Leonard Survey, Abstract No. 946 in the City Of Grapevine, Tarrant County, Texas (218, 212, 206, 128, 122, and 112 west Peach Street; 503 and 511 North Main Street; and 217, 211, 205, 125 and 119 Hall 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 Regulations 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. Ordinance No. 2024-055 3 Z24-06 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. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 18th day of June, 2024. APPROVED: ________________________________ William D. Tate Mayor ATTEST: _________________________________ Tara Brooks City Secretary APPROVED AS TO FORM: _________________________________ Matthew C.G. Boyle City Attorney Ordinance No. 2024-055 4 Z24-06 R-MF-1 PO CN R-5.0 R-5.0 GU R-5.0 N M A I N S T CH U R C H S T W PEACH ST HALL ST 117 W PEACH ST 121 W PEACH ST 125 W PEACH ST 424 CAVINESS DR436 CAVINESS DR 440 CAVINESS DR 320 APPLING DR 324 APPLING DR328 APPLING DR420 CAVINESS DR 332 APPLING DR 428 CAVINESS DR432 CAVINESS DR 407 N MAIN ST401 N MAIN ST 113 W PEACH ST 415 N MAIN ST107 W PEACH ST 243 W PEACH ST 229 W PEACH ST 227 W PEACH ST 225 W PEACH ST 223 W PEACH ST 217 W PEACH ST 215 W PEACH ST 213 W PEACH ST239 W PEACH ST 233 W PEACH ST 231 W PEACH ST 221 W PEACH ST 219 W PEACH ST 211 W PEACH ST 209 W PEACH ST 207 W PEACH ST 122 W PEACH ST 119 HALL ST 511 N MAIN ST217 HALL ST 211 HALL ST 125 HALL ST 503 N MAIN ST218 W PEACH ST 112 W PEACH ST212 W PEACH ST 206 W PEACH ST 128 W PEACH ST 237 W PEACH ST 235 W PEACH ST 205 HALL ST 414 N MAIN ST 420 N MAIN ST 501 HAWTHORNE ST 100 IVY GLEN DR 506 W PEACH ST 224 W PEACH ST Copyright nearmap 2015 R-5.0 PO CN R-5.0 R-5.0GU R-3.5R-MF-1 N M A I N S T CH U R C H S T W PEACH ST HALL ST 117 W PEACH ST 121 W PEACH ST 125 W PEACH ST 424 CAVINESS DR436 CAVINESS DR 320 APPLING DR 324 APPLING DR328 APPLING DR420 CAVINESS DR 332 APPLING DR 428 CAVINESS DR 432 CAVINESS DR 407 N MAIN ST401 N MAIN ST 113 W PEACH ST 415 N MAIN ST107 W PEACH ST229 W PEACH ST 227 W PEACH ST 225 W PEACH ST 223 W PEACH ST 217 W PEACH ST 215 W PEACH ST 213 W PEACH ST239 W PEACH ST 233 W PEACH ST 231 W PEACH ST 221 W PEACH ST 219 W PEACH ST 211 W PEACH ST 209 W PEACH ST 207 W PEACH ST 122 W PEACH ST 119 HALL ST 511 N MAIN ST217 HALL ST 211 HALL ST 125 HALL ST 503 N MAIN ST218 W PEACH ST 112 W PEACH ST212 W PEACH ST 206 W PEACH ST 128 W PEACH ST 237 W PEACH ST 235 W PEACH ST 205 HALL ST 414 N MAIN ST 420 N MAIN ST 501 HAWTHORNE ST 100 IVY GLEN DR 506 W PEACH ST 224 W PEACH ST Copyright nearmap 2015 Parcels of Interest Parcels CN - Commercial Neighborhood District GU - Governmental Use District PO - Professional Office District R-3.5 - Two-Family District R-5.0 - Zero-Lot-Line District R-MF-1 - Multifamily District 0 25 50 75 100 Feet Current Zoning Proposed Zoning MAP DATE: 4/12/2024