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Home My WebLink AboutItem 03 - Z08-09 222 North Starnes Street C C� ��.� �p 3l �.,�.� 1��.� S -. - - TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER �-��` ',�/ SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTO V ` MEETING DATE: NOVEMBER 18, 2008 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE CHANGE APPLICATION Z08-09 „ � , � � r--� i � i i i i �- _ i i r'— ----------- --i t� ti,- `,__, Grapevine 5?^ APPLICANT: John Scott i Lake i �°�e qa i I`� � � I �s ��a' I.H.�635 North� � PROPERTY LOCATION AND SIZE: I I � ds P4� °_' ,, \�aE��/ c�n �'? I � , The subject property is located at 222 North Starnes , � ' Street and is platted as Lot K, J.J. Hall Addition. The � � ; sy ADport Y I property contains approximately 14,000 square feet Hall-Johnson �?�,o a I � - � (.321 acres) and has 70 feet of frontage along North �� i ' �-- -� ° ' Starnes Street. u ;� i m Glade Rd. d I � H c , ❑ . 3 REQUESTED ZONE CHANGE AND COMMENTS: The applicant is requesting a zone change to rezone 14,000 square feet(.321 acres)from "R-5.0"Zero Lot Line District to"PO" Professional Office District for the development of an office buildinq. The applicant proposes to rezone the subject lot, demolish the existing structure and construct a 1,700 square foot office building. This property falls outside the boundary of the six lots that were re-designated relative to the Future Land Use Map II Update that occurred at the September 16, 2008 meeting. Currently Master Planned as a Residential Medium Density land use, the request is not in compliance with the Master Plan. If approved by Council, this would be considered a first reading of the ordinance since the property is non-compliant relative to lot width and woufd appear before the Board of Zoning Adjustment at their January 5, 2009 meeting. The request would be considered for a O:�ZCU�Z08-09.4 1 November 10,2008(4:30PM} second reading of the ordinance at Council's January 6, 2009 meeting. PRESENT ZONING AND USE: The subject property is developed with a single story wood frame residence. HISTORY OF TRACT AND SURROUNDING AREA: The subject tract was zoned "R-1" Single Family District prior to the 1984 City Rezoning. The property to the south 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 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 (Z01-14) 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. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "R-5.0" Zero-Lot-Line District—residential property SOUTH: "R-5.0" Zero-Lot-Line District—residential property 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 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 does not comply with the Master Plan. O:�ZCU�Z08-09.4 2 November 10,2008(4:30PM) THOROUGHFARE PLAN APPLICATION: Starnes Street is not a designated thoroughfare as shown on the City's Thoroughfare Pian. /rs � � O:�ZCU�Z08-09.4 3 November 10,2008(4:30PM) TR TR 30 p 16 16E 16 42 4� 40 39 38 37 3� 35 34 3 32 31 11 rsamr-r�am� 21 ri R-MF-� 20 u z� � �'N 1� � TR 30J 30 30 �?,:.. TR 1$8 @ � TR 298 20 S 15 N TR R-MF-� � � �g �1 � TR 30Q T , TR 29A �� 13 30 z .25 AC TR 30F 30D TR 30L � TR 11 � PO '30 3 TR 30T 2 �� .50� AC 1.d @ M ,4 66110 � O��&Z'} �7 � �5 6 5 30 TR 30-0 30 30 TR 30G R-5.0 e p` � �s �o R-5.0 01 13 ia .�s e R 31 A�TR�31� i �� TR 30 � � r N .72AC � S�CJ1�' 9 � OR T �� (�i(J �' � n I 30N OU d �� G(f � ZR � TR 30H 1 4 e TR 32 TR 30B ! 22R1 30 AC AC 3'�Q � .742� _` � � \j 29 � G � .59 @ R1 � � w CN � � H � �j(� 3 � � 5 2R � n .327� g �$ 1 R �3 ��} CJ. E � �R 1.49� N �,�„r�r _ �� . • • � _ � .49 � �� .f .�. � 4 �� , r,,� 7 ��•1� 6g � cc � C � � t L � � T��_�`� � �'� � B �PQ � M �a� �� sCj�'�'` � �s� � � � ��1� �t�� N gt� �j` z s� f��T�� ,��g� 4 ��p�N v y {� 1RCG 30�� „ q g Q�r� �(}��R � g r 3.188� 5 � .�5 @ 3� 1 � 5 6 8 23 1�p9 � �,�,? � � � 1 B �t �R � A � (1` � 1 � °�•�'��4`J � •z5 Q TR 36A 1 R 4B '�6 � 8 `�� i Q3 23 ~ (�� HC E NORTHWEST HWY r�� 0� � � �N i1 �� Q 2NQ�1 1 TR G TR 49F 4 ��H .1� rn 49 9 49E 4981 1 1 49 TR 48 ,�g 49 H 1• C p � 2 GU TR A � a 39 qp &40A1� 4R 42 3 �-�'�O � 1F2 � *�1^�� 8A 38 AC ¢�N��1 � 1$ CBD � �p` � Z �� . Z08-09 1 inch e uals 200 feet Lot K - J J H a I I Ad d i ti o n q �. �� CITY OF GRAPEVINE � ZONE CHANGE APPLICATION 1. Applicant/Agent Name �9 hn �C�� Company Name a°�a ��Q�n E'S � � Address � 3� �At-t.-E Lc��P�k-( �R-(._, City � t�t.E2. State �X. Zip � �Z�-E$ Phone # �t�1- �trl�°��`-�- Fax# �I�1 -�� - ��5 Email Mobile # 2. ApplicanYs interest in subject property d�!1�3�2 3. Property owner(s) name '2..�Z -�'�-�� t�� Add ress ��c'� �C�t�� --- � . .4�` City State Zip Phone # Fax# 4. Address of subject property_ ZZZ (� , �'T�-rZt�S �"� �J FfA-LC.'S j��t c S lc'�1�= Legal Description: Lot� Block Addition Dr �7�k2N�S f�0 �� Size of subject property ��2- acres � t�C�L� square foot Metes & Bounds must be described on 8 '/2 " x 11" sheet 5. Present Zoning Classification � �� 6. Present Use of Property__ �� 1�r/-�-t_ 7. Requested Zoning District � � �(�Z�=E�S� �n1� �r�'cc�� 8. The applicant understands the master plan designation and the most restrictive zone that would allow the proposed use is � 0:1ZCUIFORMSW PP.ZNCP.doc ,�°'�� '= +�. 2��2�$ ;.��.,�'�<.4 zi �.��--rt 2 SEP 1 g 2008 ��3�� _� _ . , ��w.�«. � �� 9. Minimum/Maximum District size for requested zoning � � v o c� �r �- 10. Describe the proposed use �(��SSt��` Z�i�iC� G�`c t...t;� ►r�� _ 11. The Concept Plan submission shall meet the requirements of Section 45, Contents of a Concept Plan, Section 45.C. A!I Zone Change Requests are assumed to be complete when filed and will be placed on fhe 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 fabled. Any changes fo a concept plan approved with a zone change request can only be approved by city council through the public hearing process. 1 have read and understand all of the requirements as set forfh by the applicatlon for zone change request and acknowledge that al/requirements of this applicafion have been met at the time of submittal. ��, 11. Signature to authorize a zone change request and place a zone change request sign on the subject property. � l � Applicant (print): �h t � Applicant signature: Property Owner(print): '� 4-- Z , N �' � Property Owner signature: � � �`k`�� .�;�`� ��- : -. 0:1ZCU\FORMSWPP.ZNCP.doc � r� �� # �3� �� # ti,si2oos SEP � ,� 2008 E} 3 �:� a t. ��`� �� r � �� ..� ,�� The State of ��ce{� County of 4�Z..fL�rJ� � Before me ��.�� on this day personally appeared �e�oJ '�L�-� � known to me (or proved to me on the oath of or through � �5�� 3 i!S l (description of 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. q J��-� Given un��y hand and seal of office this // day of , ^.�. �,�RT�� `J � � I� SEAL ,e.• ; GLENDA G. SPIVEY .��,- :a' °= Notary Public,State of Texas ;,.a '.; MyCommissionExpires Notary Signature , �•...'• July 18,2010 ''��.`,�„�;.�. �, � . .�_{ The State of � County of ��'�� -- Before y1.�� on this day personally appeared O � J known to me (or proved to me on the oath of or through o 3s�!1 8� 3 ��1 (description of 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 y hand and seal of office this / 9 day of � , A.D. `��a � .� � � SEAL -. ..:_. _ .. , ,,�''�'�'��!� G�ENDA G. SPIVEY :V: ": Not�a'ryPublic,StateotTexas otary Signature �,,....+�",�' Y Commission Expires °'%°„�`°' July 18,2010 0:1ZCU\FORMSWPPZNCP.doc �"� ��'�� ;�� 2/18/2008 ;: n,: :-:<,' SEP � g Z008 4 �� 5 � � �,: s ,� �� . _� �� ' �� 9 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 fhe staff, Based on the size of the agenda, your application may be scheduled to a later dafe. All public hearings will be opened and festimony 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 requesf can only be approved by city council through the public hearing process. 1 have read and understand all of the requirements as et fortir by the applicafion for zone change request and acknowledge tha Il req rem � �s� f this application have been met af the time of submiftal. ,,_,,,, Signature ofApplicant Date: �d '� �`� r Signature of Property Owner Date: G' � � � r ��} � 3_;- a '� , �..F O:iZCU\FORMSIAPP.ZNCP.doc SEP � � 2oa� �""°"' 2/18/2008 � .� - 5 ; ��,�,a �� `� , s ..� �� 222 N. Starnes St. Current Zoning: R-5.0, Residential - Proposed Zoning: H.C., Highway Commercial Legal Description Being all of Lot K, 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 '/�" iron rod found for corner, the same point being located in the southwest corner of Lot J, 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 J, J.J. Hall's Revision of Part of Starnes Addition; THENCE South, a distance of 70.00 feet to a '/2" iron rod found for corner, said point being the northeast corner of Lot L, J.J. Hall's Revision of Part of Starnes Addition; THENCE North 89°35'29" West, a distance of 200 feet to a 3/8" iron rod found for corner, said point being the northeast corner of Lot L, J.J. Hall's Revision of Part of Starnes Addition; � THENCE North, a distance of 70.00 feet to the POINT OF BEGINNING containing 0.32 acres or 14,000 square feet, more or less. �-�:, _ .: f � SEP I � 2008 � ``� � - �,:,� 3 _ , „ _,.., . ._ . ��,��,��.�,�.a , e �� g a � 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 Z08-09 ON A TRACT OF LAND OUT OF THE A.F. LEONARD SURVEY, ABSTRACT NO. 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 "R-5.0" ZERO LOT LINE DISTRICT REGULATIONS TO "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS; CORRECTING THE OFFICtAL 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 otherthings 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 forthe 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 ORD. NO. 2 :.. aM �.,.�� .�. .. 4.�.,��.�.w.. . ��.�,.� .. :.. _ amended and changed by Zoning Application Z08-09 to rezone the foliowing described property to-wit: being a .321 acre tract (14,000 square feet) out of the A.F. Leonard Survey, Abstract No. 946, Tarrant County,Texas(222 North Starnes Street, Lot K, J.J. Hall Addition), more fully and completely described in Exhibit"A", attached hereto and made a part hereof, which was previously zoned "R-5.0" Zero Lot Line District Regulations is hereby changed to "PO" Professional Office District Regulations, all in accordance with Comprehensive Zoning Ordinance No. 82-73, as amended. Section 2. That 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 forthe 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. That 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. That 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 final passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on first reading on this the 18th day of November, 2008. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on second and final reading on this the day of , APPROVED: ATTEST: � APPROVED AS TO FORM: ORD. 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