HomeMy WebLinkAboutItem 04 - Z02-06 McPherson TownhomesITEM 0 �...
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TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: ROGER NELSON, CITY MANAGER,/t
H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES
MEETING DATE: JULY 16, 2002
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE
CHANGE APPLICATION Z02-05
APPLICANT: Phil Salyer
PROPERTY LOCATION AND SIZE:
The subject property is located at 2172 McPherson
Drive and platted as Lot 1, Block 1, Clairmont Place.
The subject property contains 1.30 acres and has
approximately 254 feet of frontage along McPherson
Drive.
REQUESTED ZONE CHANGE AND COMMENTS:
The applicant is requesting to rezone 1.30 acres from "R -MF -2" Multifamily District to "R-
MF -1" Multifamily District for a ten unit condominium development.
The applicant's proposal provides a density of 7.69 units per acre, which is well within the
requirements of both the existing and proposed multifamily districts. The primary reason
for the zone change request is to allow for a smaller front yard setback. The existing "R-
MF -2" Multifamily District requires a minimum forty -foot front yard, and if approved, the "R-
MF -1" Multifamily District would allow for a minimum thirty-foot front yard setback.
A variance application associated with this request must be considered by the Board of
Zoning Adjustment for a variance to the minimum lot size requirement of two acres within
the "R -MF -1" Multifamily District. If approved by the Board of Zoning Adjustment, the
ordinance would go back before the Planning & Zoning Commission and the City Council
for a second reading.
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11:12 AM
PRESENT ZONING AND USE:
The property is currently zoned"R-MF-2" Multifamily District and is undeveloped.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject property was rezoned in the 1984 City rezoning from "R-1" Single Family to
"R-3.5" Duplex. The property was later rezoned from "R-3.5" Duplex to "R -MF -2"
Multifamily District in 1987 via Z87-05. The property to the north, east and south are
developed as the Woodlake Apartments and have been zoned as "R -MF -2" Multifamily
District since 1984. Prior to that designation, the Woodlake Apartments were zoned
Specific Use for apartments since 1972. The property to the west was rezoned in the
1984 City rezoning from "R-2" Two Family to "R-3.5" Duplex. The property was rezoned
in 1989 to "R-7.5" Single Family and has been developed as the Austin Oaks Addition.
A conditional use request for the subject property was approved via CU92-21 in
December, 1992, that allowed for a 11,000 square foot personal care and assisted living
facility. However, that project never materialized and the conditional use permit expired.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "R -MF -2" Multifamily District - Woodlake Apartments
SOUTH: "R -MF -2" Multifamily District - existing apartments
EAST: "R -MF -2" Multifamily District - Woodlake Apartments
WEST: "R-7.5" Single Family District—Austin Oaks single family
development
UT -5040-.11"k ITS01INS
subject tract is located in "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.
The Master Plan designates the subject property as a High Density Residential land use.
The applicant's request is in compliance with the Master Plan.
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11:12 AM
THOROUGHFARE PLAN APPLICATION:
The Thoroughfare Plan designates McPherson Drive as a Type F Collector which
requires a minimum right-of-way of 60 feet developed as two lanes.
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11:12 AM
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ZONE CHANGEICONCEPT PLAN APPLICATION
L
APPLICANT/AGENT NAME A�'E
COMPANY NAME -
I )_
ADDRESS C2
CITY -STATE zip
PHONE# FAX # �S --,33
2. APPLICANTS INTEREST IN SUBJECT PROPERTY ca^..�
A�? 5��- •�' ' z -,TY
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3. PROPERTY OWNER(S) NAME �\Afl.
ADDRESS
A
CITY STATE •-ZIP
PHONE# 6 1 4 -FAX#_
4, ADDRESS OF SUBJECT PROPERTY
LEGAL DESCRIPTION: LOT I,— BLOCK —ADDITION A I
SIZE OF SUBJECT PROPERTY ACRES SQUARE FOOTAGE
METES & BOUNDS MUST BE DESCRIBED--O-NN
ESCRIBEDON 81/2" X 11" SHEET
5. PRESENT ZONING CLASSIFICATION K 2,
6. PRESENT USE OF PROPERTY V
7. REQUESTED ZONING DISTRICT PA F
8. THE APPLICANT UNDERSTANDS THE MASTER PLAN DESIGNATION AND THE MOST
RESTRICTIVE ZONE THAT WOULD ALLOW THE PROPOSED USE IS
9, MINIMUM/MAXIMUM DISTRICT SIZE FOR REQUESTED ZONING ',SUM VJA
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10. DESCRIBE THE PROPOSED USE O-Da&A� kft" r-7r7
i1
11. THE CONCEPT PLAN SUBMISSION SHALL MEET THE REQUIREMENTS PF -ab i& 45,
CONTENTS OF A CONCEPT PLAN, SECTION 45.C.
EFFECT OF CONCEPT PLAN
ALL. SUBSEQUENT SITE PLANS SHALL CONFORM TO THE CONCEPT PLAN SUBMITTED
WITH THE ZONING APPLICATION.
All Zone Change Requests 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.
I 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
'ime of submittal.
12. SIGNATURE TO AUTHORIZE THE FILING OF A FINAL SITE PLAN.
APPLICANT (PRII
APPLICANT SIGN
OWNER (PRINT)
OWNER SIGNATURE
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The State of
County of
Before me on i 2 this day personally appeared
known to me (or proved to me on the oath of
(description of
identity card or other do=nent) 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.
Givenunder my hand and seat of office this B day of
SEAL
PU, DEBBIE ROGERS
NOTARY PUB' -'C
STATE OF TEXAS
My Comm. EXp. 06-3o-2004
OF
The State of
County of LA"N-AA--�
Signature
Before me this day personally appeared
own to me -,�or proved_ to me on the oath of
o:)r t� , (description of
r
identity 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.
Given under my hand and seal of office this :3 day of -D.
A
SEAL
o1,FyP(,
y P('. DEBBIE ROGERS
NOTARY PUBLIC
STATE OF TEXAS
-30-2004
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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 Z02-05 ON A TRACT
OF LAND OUT OF THE THOMAS EASTER SURVEY,
ABSTRACT NO. 458, 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 "R -MF -2" MULTIFAMILY DISTRICT
REGULATIONS TO "R -MF -1" MULTIFAMILY 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) FOR
EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH
AN OFFENSE OCCURS OR CONTINUES 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 & 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
ORD. NO. 2
as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby
` amended and changed b Zoning Application Z02-05 to rezone the following described
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property to -wit: being a 1.3 acre tract of land out of the Thomas Easter Survey, Abstract
No. 458, Tarrant County, Texas and platted as Lot 1, Block 1, Clairmont Place, (2172
McPherson Drive), which was previously zoned "R -MF -2" Multifamily District Regulations
is hereby changed to "R -MF -1" Multifamily 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
„T,, 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.
ORD. NO. 3
Section 8. That this ordinance shall become effective from and after the date of
its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on first reading on this the 16th day of July, 2002.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE on second and final reading on this the day of 2002.
ATTEST:
ORD. NO. 4
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DATE: 8/3/02
REVISED: B/25/02
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TOWNHOME SITE DATA
Q110aENT ZONING. R MF2
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LAT 512E 56,629 SF L3 ACRE
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OPEN SPACE 29)30 SF (50 % OF SITE)
PROP05ED STORIES TWO (2) TWD IS tMAXrtM
PROPOSED HEIGHT 32 FT TO RIDGE 35 FT 18 MAXA1lM
TOTAL Il n 10 T3W TOTAL GR098 W
BI - 2 BDRM- 2 BTH 10 Ij50 SF
W/IGARAGE
PA3CN6 SPACES REQUIRED
10 LNITS X 25 25
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PARCING. SPACES PROVIDED
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IV GARAGES= 10
10 DRIVES • b
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13 GUEST SPACES : 13
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CON;.ICT WITH ANY CODES OR ORDINANCES.
D{YAPt"M Cr otVELdRBit deRV1CM
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DATE: 8/3/02
REVISED: B/25/02
REVISED:
REVISED.
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