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Home My WebLink AboutItem 06 - Z08-12 North Starnes Street �G � = _._�e_ aa�� _ f� — � 5 Z �S � TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION � FROM: BRUNO RUMBELOW, CITY MANAGER� M ,, � SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTO ��"" MEETING DATE: NOVEMBER 18, 2008 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE CHANGE APPLICATION Z08-12 „ � , � � r--� i � i i i i �—, �— �----------- --i (i� 2^- `�__, Grapevine 5�^ APPLICANT: George Kuketz i � Lake I �\_oV�Ra i i i i i ��1 ��' I.H.�635 "°�h� ' PROPERTY LOCATION AND SIZE: � � � ds P�� ?' ,��. �ca�'�oo// �n `O I � The subject properties are located at 206, 210, and , � � 216 North Starnes Street and are platted as Lots L, � � Hall-Johnson sy,� ADP�� ; M, and N, J.J. Hall Addition. The properties contain � �� i 9 s° o � approximately 42,000 square feet (.96 acres) and �� _� _ � have 210 feet of frontage along North Starnes Street. m Glade Rd. �, 1 � I� c O � REQUESTED ZONE CHANGE AND COMMENTS: The applicant is requesting a zone change to rezone 14,000 square feet(.321 acres)from "HC" Hiqhway Commercial District and 28,000 square feet (.642 acres) from "R-5.0" Zero Lot Line District to"PO" Professional Office District for the development of two professional office buildings. The applicant originally submitted a zone change request that was considered at the July 15, 2008 meeting (Z08-05) to rezone a 14,000 square foot lot on the subjeet tract from "R- 5.0" Zero Lot Line District to "HC" Highway Commercial District for the development of a single story office building. The applicant intended to combine this property with the property immediately to the south, zoned "HC" Highway Commercial District, to create enough property for the project to be viable. Discussion during the public hearing relative to the appropriateness of the zoning request and land uses along North Starnes Street led O:�ZCU�Z08-12.4 1 November 9,2008(1:16PM) } { ,.i. � , �� . „...a. ��E.e to the case being tabled pending a workshop by the Planning and Zoning Commission to µ , consider the zoning and land uses along North Starnes Street. That workshop was held on August 14, 2008 and resulted in the Commission recognizing that no real buffer existed between commercial uses and residential uses along North Starnes Street and recommending that the future land use map be amended for six lots, three on each side of the street, changing their designation from Residential Medium Density and Commercial land uses to Low Intensity Commercial land uses. The Commission further recommended that applicant's be allowed on a case-by-case basis to apply for zone changes appropriate for this land use designation. At the September 16, 2008 meeting, the Future Land Use Map II was updated (MP08-02) reflecting the Commission's recommendations. With this request, the applicant has expanded upon his original request, to include all three lots in his possession on the east side of North Starnes Street. These three lots are those which the Future Land Use Map II was amended to accommodate possible nonresidential devetopment. The southernmost lot, Lot N, is vacant and currently zoned "HC" Highway Commercial District. Lots M and L are zoned "R-5.0" Zero Lot Line District and have structures built upon them. It is the applicant's intent to demolish these structures, combine (replat) all three lots into one lot, and build two single story office buildings of 3,500 and 4,200 square feet respectively. The project as proposed meets all requirements of the "PO" Professional Office District and would be in compliance with the Master Plan. PRESENT ZONING AND USE: The subject properties are developed with a single story wood frame structure(Lot L), and a single story wood frame structure with a large, three-bay metal building (Lot M); Lot N is vacant. HISTORY OF TRACT AND SURROUNDING AREA: The subject property 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 south was zoned "R-2" Two Family District prior to the 1984 City Rezoning. 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. O:\ZCU�Z08-12.4 2 November 9,2008(1:16PM) SURROUNDING ZONING AND EXISTING LAND USE: ,..��, NORTH: "R-5.0" Zero-Lot-Line District—residential property SOUTH: "HC" Highway Commercial District—vacant lot 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 applicanYs proposal is an appropriate use in this noise zone. MASTER PLAN APPLICATION: The Master Plan designates the subject property as a Low Intensity Commercial land use. The applicant's request is in compliance with the Master Plan. ��_ THOROUGHFARE PLAN APPLICATION: Starnes Street is not a designated thoroughfare as shown on the City's Thoroughfare Plan. �rs O:�ZCU�Z08-12.4 3 November 9,2008(1:16PM) , .. . �� - _.��, � 30 30 12 TR 158� II TR 296 20 � 15 11 � � p 19 � TR 30Q `sT TR 30F OD � A TR 29A �� 13 '�� Z .25 AC TR 30l f�- TR 11 n PO � 3� 3 TR 30T � �� .50�r7 'AC 1.0� � T^-�0 � '�� `,� 17 s 14 4 TR TR � .:L��.� II ��Z� 16 `�1� 6 5 �0 TR 30-0 33 30 T1530G � R-5.0 " � TURNER RD 14 Q R 31 A TR 31 � � , �� TR 30 � t1 � u .72AC ��1'�` � � R-5.0 �R 30N 30U �� Gu � ��j ,� TR 32 GU TR 3dB ; 22R1 30 AC AC �'�� .742 @ � � 4 � 29 � � G � .59 fl R1 � _ii �� CN �z i H �� 3 � I 5 2R � r��$y .327 @ � 1 R $3 �� CJ E � �R 1.49� I; aN '�+�'�3� � � � .49 � ; � �J�►��'°'� .�„_��:,�,.��. �� CC � � . . . .�. . . . 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Applicant/Agent Name �rCc^�-�� v k 2 i Z J Company Name Address �IC� ,Sf�c r�F� City C� ��,� v, Q State ��.�<<S Zip 7�,,�� S / Phone # I `�- RC�� - ?D �c> Fax# k��7 - .�t�� - 3�� Email � Mobile # ��7- �c�k'- 7u (�� 2. ApplicanYs interest in subject property �}�, 1 'c� `� s o��e� `� ��o�I� �,'<<e i � �c: ��1c� ��5�o�� o i�1'c e S , � 3. Property owner(s) name �~c��e �-��e�z � Address �/v 5 t�cf ��s Q�l- � � City �:-;��e v`i�e State %e�a S Zip '7� �S� Phone # gi7- �� '7o c�b Fax# �/7 - .s l�a— 3a�3 4. Address of subject property �o� , >�o , �- ��6 ,S;-�,-„os �/, , (;;.�n��, �e� i�. �-� �,a' � � �d��+ior� Legal Description: Lot N Block Addition �. J - �-��t I1 S Size of subject propertyS � �� acres square foot Metes & Bounds must be described on 8 '/z " x 11" sheet �o-}M ��fi rl � f L 5. Present Zoning Classification t��yhwu� c��„��,GI K�s,��.,��1 �-�s«4�fi�; � 6. Present Use of Property Lol ti� �:�a�+ , [„t �, ��k«<�-t , ��t �. re-,��I 7. Requested Zoning District P�� £-�e=r'D�4 I o�f�'�e ��< �Il 3 �o�S 8. The applicant understands the master plan designation and the most restrictive zone that would allow the proposed use is p��'�'S j g�n4 1 o�i� P � O:�ZCU\FORMS W PP.ZNCP.doc ti,�2oo$ �CT a 8 2a08 2 �� .� �:� . d �,.�.�.�..�,�,. :„�,..�,.,„�r�� y � �� 9 9. Minimum/Maximum District size for requested zoning 10. Describe the proposed use C��Fi c e �,n��l t 11. The Concept Plan submission shall meet the requirements of Section 45, Contents of a Concept Plan, Section 45.C. Al/ Zone Change Requests are assumed to be complefe 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. A!l public hearings will be opened and testimony given by applicanfs and interested citizenry. Public hearings may be continued fo fhe next public hearing. Public hearings will not be tabled. Any changes to a concept p/an approved wifh a zone change request can only be approved by city council through the public hearing process. 1 have read and understand alI of the requirements as set forth by the application for zone change request and acknowledge that al1 requirements of this application 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. Applicant (print): �re�c- � k�'�� '�-z.� v Applicant signature: Property Owner(print): G e �r ��k�� . Property Owner signature: � ��, 0:1ZCU\FORMSIAPP.ZNCP.doc OCT o B 2a�8 2/18/2008 �� i3 � �� - � �- � The State of 1 C�.k� County of ��,�-� Before me ��y ;�t�5� on this day personally appeared �.��_ ku � known to me (or proved to me on the oath of or through - (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 my hand and seal of office this �1 day of �.�--1 . , A.D. (�e' . SEAL .,N,,.,, ...... Notary Sic�iat re .•e�►�r�biG.� AMY NICOLE BIAGG °�; °s Notary Public,Stata of Tex�s ° '+: My Commission Expires �%�',;;a;;;;�'�� Aptll 25,2012 The State of Co u nty of _ Before me on this day personally appeared known to me (or proved to me on the oath of or through (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 my hand and seal of office this day of , A.D. SEAL Notary Signature � O:�ZCU\FORMSIAPP.ZNCP.doc OCT Q � ZOO$ 2/18/2008 4 �� .` �� ACKNOWLEDGEMENT A// Zone Change Request are assumed to be complefe when �led 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 lafer date. 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 wifh 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 sef forfh by the application for zone change request and acknowledge that all requirements of this application have been met at the fime of submitfal. �� Signature of Applicant J Date: �/ - )7� d � / Signature of Property Owner _ Date: �` /7-O� ��;�,F 0:1ZCUIFORMSIAPP.ZNCP.doc �Cr � 81008 2/18/2008 �� 5 � � �� . 210 N. Starnes St. Current Zoning: R-5.0, Residential '��"` Proposed Zoning: P.O., Professional Office Legal Description Being all of Lots L & M, J.J. Hall's Revision of Starnes Addition, Volume 1997, Page 446, Plat Records, Tarrant County, TeYas (P.R.T.C.T) and being more particularly described as follows: BEGINNING at a 3/8" iron rod found for corner, the same point being located in the southwest corner of Lot K, J.J. Hall's Revision of Part of Starnes Addition; THENCE South 89°3�'29" East, a distance of 200.00 feet to a '/z" iron rod found for corner, the same point being in the southeast corner of Lot K, J.J. Hall's Revision of Part of Starnes Addition; THENCE South, a distance of 140.00 feet to a `/z" iron rod found for corner, said point being the northeast corner of Lot N, J.J. Hall's Revision of Part of Starnes Addition; THENCE North 89°35'29" West, a distance of 200 feet to a '/2" iron rod found for corner, said point being the northwest corner of Lot N, J.J. Hall's Revision of Part of Starnes Addition; THENCE North, a distance of 140.00 feet to the POINT OF BEGINNING containing 0.64 acres or 28,000 square feet, more or less. UCT a � 2008 �� ,�, .�� . �� - ( �--. 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 Z08-12 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 AND "HC" HIGHWAY COMMERCIAL DISTRICT TO "PO" PROFESSIONAL OFFICE 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; 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 & 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 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 y �. .�.�,-�.�.��., �.�.� _ _ �,.�.;:� ,.. .. . ,: ,. as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby amended and changed by Zoning Application Z08-12 to rezone the following described property to-wit: being a .321 acre tract (14,000 square feet) and a .642 acre tract (28,000 square feet)out of the A.F. Leonard Survey,Abstract No. 946, Tarrant County, Texas(206, 210, and 216 North Starnes Street, Lots L, M, and N, J.J. Hall Addition), more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "HC" Highway Commercial District (Lot N) and "R-5.0" Zero Lot Line District Regulations (Lots L and M) 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 ORD. NO. 3 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. That 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 November, 2008. APPROVED: ATTEST: APPROVED AS TO FORM: �:� ORD. 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