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HomeMy WebLinkAbout1994-08-01AGENDA CITY OF GRAPEVINE BOARD OF ZONING ADJUSTMENT MEETING MONDAY EVENING, AUGUST 1, 1994, AT 6:00 P.M. COURT ROOM/COUNCIL CHAMBERS, #205 307 WEST DALLAS ROAD GRAPEVINE, TEXAS II. OATH OF TRUTH I11. NEW BUSINESS A. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA94-23, SUBMITTED BY CLASSIC CHEVROLET, AND CONSIDERATION OF SAME. B. :•A -r OF • ADJUSTMENT TO CONDUCT HEARING RELATIVE TO :•A -r OF • ADJUSTMENT CASE SUBMITTED BY OMNIAMERICAN FEDERALCREDIT UNION,r CONSIDERATION OF C. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA94-25, SUBMITTED BY JONES & BOYD, INC., AND CONSIDERATION OF SAME. D. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA94-26, SUBMITTED BY WILLIAM DAVENPORT, AND CONSIDERATION OF SAME. E. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA94-27, SUBMITTED BY PAUL SHIA, AND CONSIDERATION OF SAME. V. MINUTES BOARD OF ZONING ADJUSTMENT TO CONSIDER THE MINUTES OF THE JULY 7, 1994 MEETING. VI. MISCELLANEOUS REPORTS AND/OR DISCUSSION VII. ADJOURNMENT IF YOU PLAN TO ATTEND THIS PUBLIC HEARING AND YOU HAVE A DISABILITY THAT REQUIRES SPECIAL ARRANGEMENTS AT THE MEETING, PLEASE CONTACT THE OFFICE OF COMMUNITY DEVELOPMENT AT (817) 481-0377. REASONABLE ACCOMMODATIONS WILL BE MADE TO ASSIST YOUR NEEDS. IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551.001 et seq, ACTS OF THE 1993 TEXAS LEGISLATURE, THE BOARD OF ZONING ADJUSTMENT MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 29TH DAY OF JULY, 1994, AT 5:00 P.M. i , •�IIa1r/' STATE OF TEXAS COUNTY OFTARRANT CITY OF GRAPEVINE The Board of Zoning Adjustment for the City of Grapevine, Texas met on Monday evening, August 1, 1994, at 6:00 P.M. in the Council Chambers, Room #205, 307 West Dallas Road, Grapevine, Texas, with the following members present to wit: Charles Giffin Chairman Chris Coy Member Carl Hecht Member Jeff Wood 1 st Alternate Jill Davis 2nd Alternate with members Randy Howell and Ery Meyer absent, constituting a quorum. Also present was City Council Representative, Gil Traverse, and the following City Staff: Marcy Ratcliff Teresa Wallace Scott Williams Planner Planning Secretary Building Official Chairman, Charles Giffin, called the meeting to order at approximately 6:10 P.M. NEW BUSINESS BZA94-23 - CLASSIC CHEVROLET The first item for the Board of Zoning Adjustment to consider was BZA94-23 submitted by Ron Hamm of Speed FabCrete for Classic Chevrolet for Lot 1, Block 2, Durant Addition, and addressed as 1101 State Highway 114 West. Marcy Ratcliff, City Planner, explained the applicant is requesting a special exception to Section 58.0., Parking and Loading Area Development Standards, which requires internal cross access between all nonresidential developments as shown on the site plan. If approved, it would allow no interconnecting access on the west side of the development. Marcy Ratcliff explained Section 58.0., Parking and Loading Development Standards, was recently amended to require interconnecting cross access between all nonresidential developments to alleviate traffic congestion in commercial development 0 BZA Minutes 8/11/94 areas. Further, she explained Mr. Tom Durant had recently purchased 4.62 additional acres on the west side of the Classic Chevrolet development for expansion of the dealership inventory parking. When the conditional use permit was submitted to amend the current site plan of the Durant Addition Planned Commercial Center, the new requirement was invoked to provide interconnecting cross access between his development and future development on the west. The applicant is requesting consideration of their request to allow no interconnecting access for the expanded development to provide a safe environment for the car dealership. There were no guests to speak or letters or petitions relative to the request. Chris Coy moved, with a second by Carl Hecht, to close the public hearing, which prevailed by the following vote. Ayes: Giffin, Coy, Hecht, Wood and Davis Nays: None Absent: Howell and Meyer Chris Coy moved that a special condition did exist for the special exception request and that being a car dealership needs a secured parking lot without traffic from an adjacent commercial development. Jill Davis seconded the motion which prevailed by the following vote: Ayes: Giffin, Coy, Hecht, Wood and Davis Nays: None Absent: Howell and Meyer Chris Coy moved to approve the special exception request to Section 58.0. of the Grapevine Comprehensive Zoning Ordinance 82-73, to allow no interconnecting access on the west side of the development located 1101 State Highway 114 West, Lot 1, Block 2, Durant Addition as shown on the plot plan. Carl Hecht seconded the motion which prevailed by the following vote: Ayes: Giffin, Coy, Hecht, Wood and Davis Nays: None Absent: Howell and Meyer BZA94-.24 - OM,NI,AMERICAN FEDERAL CREDITUNION Next for the Board of Adjustment to consider BZA94-24, submitted by Richard Rogers of OmniAmerican Federal Credit Union who is requesting a special exception to the 4 BZA Minutes 8/11/94 Grapevine Zoning Ordinance 82-73 for property located at 925 South Main Street, legally described as Lot 1, Block 1, OmniAmerican Federal Credit Union Addition, Grapevine, Texas. Marcy Ratcliff explained OmniAmerican Federal Credit Union was requesting a special exception to Section 43.E.3., Nonconforming Uses and Structures, which allows the Board of Adjustment to allow the existing legal nonconforming development to exist and expand within another zoning category; and Section 58.0., Parking and Loading Area Development Standards, which requires internal cross access between all nonresidential developments. Marcy Ratcliff told the Board the applicant is requesting a zone change (Z94-08) on 4.204 acres of property from "PO" Professional Office to "HCO" Hotel/Corporate Office to develop a six story, 60,000 square foot office/bank complex with ten drive through banking lanes and a two story accessory parking garage as shown on the concept plan. Variances (BZA88-24) were granted to allow the expansion of drive through lanes on the north side of the existing two story building and a parking lot to the south in accordance with the "PO" Professional Office District. An application to the Board of Zoning Adjustment was submitted after Section 58.0. was amended June 21, 1994 to require interconnecting cross access between all nonresidential developments to alleviate traffic congestions in commercial development areas. Meanwhile, the property on the north east side of the proposed development is also requesting a zone change from (Z94-09) "LI" Light Industrial to "PO" Professional Office to develop a small 5,000 square foot office building. The applicant is requesting consideration on the requirement for internal cross access between these types of developments. The applicant is concerned interconnecting access would create a nuisance between users and would not provide the bank on- site security. Mr. Richard Rogers, 6637 Meadow Ridge, North Richland Hills, Texas was sworn in to speak to the request. Mr. Rogers told the Board they were proposing to build a 60,000 square foot regional administration center for the credit union. He said the new requirement does not allow exceptions to the particular traffic patterns between an office/bank complex and a small office building. There were no other guests to speak, letters or petitions relative to the request. Chris Coy moved, with a second by Jeff Wood, to close the public hearing which prevailed by the following vote: 3 BZA Minutes 8/1/94 Ayes: Giffin, Coy, Hecht, Wood and Davis Nays: None Absent: Howell and Meyer Board members were concerned about the removal of the trees if cross access were required. Councilman Gil Traverse told the Board that consideration should be given to the different types of uses and the amount of traffic congestion the larger user could generate. Chris Coy moved, with a second by Jill Davis, that a special condition did exist for the first request and that being the existing two story building and parking lot on the south side of the building was built prior to the current zoning ordinance. The motion prevailed by the following vote: Ayes: Giffin, Coy, Hecht, Wood and Davis Nays: None Absent: Howell and Meyer Chris Coy moved, with a second by Carl Hecht, to approve the first request to allow a special exception to Section 43.E.3., Grapevine Comprehensive Zoning Ordinance 82-73 for Lot 1, Block 1, OmniAmerican Federal Credit Union Addition and addressed as 925 South Main Street to allow the existing development to remain as a legal nonconforming use under the Hotel/Corporate Office District regulations and allow future development in accordance with the Hotel/Corporate Office District regulations as shown on the concept plan. The motion prevailed by the following vote: Ayes: Giffin, Coy, Hecht, Wood and Davis Nays: None Absent: Howell and Meyer Chris Coy moved, with a second by Carl Hecht, moved that a special condition did exist for the second request and that being the distinct character difference between the proposed six story, 60,000 square foot office/bank complex with ten drive through banking lanes and a 5,000 square foot office building adjacent to the property on the northeast side. Cross access would create a nuisance between users and would not provide security on the bank site. Also, cross access to the adjacent lot could create a traffic hazard because of the large number of employees and patrons of the credit union. The vote prevailed as follows: 0 BZA Minutes 8/1/94 Ayes: Giffin, Coy, Hecht, Wood and Davis Nays: None Absent: Howell and Meyer Chris Coy moved, with a second by Jill Davis, to approve the second request to allow a special exception to Section 58.0., Grapevine Comprehensive Zoning Ordinance 82- 73 for Lot 1, Block 1, OmniAmerican Federal Credit Union Addition to not require internal cross access on the northeast side of the development as shown on the concept plan. The motion prevailed by the following vote: Ayes: Giffin, Coy, Hecht, Wood and Davis Nays: None Absent: Howell and Meyer BZA94-25 - JONES & BOYD INC Next for the Board of Adjustment to consider was BZA94-25 submitted by Jones & Boyd, Inc. for Lots 1 & 2, DFW Industrial Park, Phase III and addressed as 1702, 1712, 1722, and 1732 Minters Chapel Road. Marcy Ratcliff, City Planner, explained the applicant is requesting a special exception to Section 43.E.3., Nonconforming Uses and Structures which allows the Board of Zoning Adjustment to allow the existing nonconforming development to exist as developed. Marcy Ratcliff explained the property had been developed under the previous Zoning Ordinance 70-10 and is nonconforming to the present ordinance because it does not meet the landscaped front yard, parking and size of parking lot driving lane requirements. The property was platted as one lot on June 13, 1983. The property was originally subdivided by metes and bounds survey. The property is now under new ownership and is being replatted. The special exception allowing the nonconforming development to exist as developed will allow the property to be replatted. The plat is scheduled to go before City Council and the Planning & Zoning Commission on August 16, 1994. Mr. Chuck McKinney, 17300 Dallas Parkway, Dallas, Texas of Jones & Boyd, Inc. was sworn in to speak to the request. He explained they were replatting the property to divide into two parcels to clear the title for two separate owners. The property currently has four buildings that were developed in the early eighties. With no other guests to speak, no letters or petitions, Jill Davis, with a second by BZA Minutes 8/1/94 Chris Coy, moved to close the public hearing which prevailed by the following vote: Ayes: Giffin, Coy, Hecht, Wood and Davis Nays: None Absent: Howell and Meyer Chris Coy moved, with a second by Jill Davis, that a special condition did exist and that being the development was built in accordance with Zoning Ordinance 70-10 standards and regulations and is not the fault of the property owners. The motion prevailed by the following vote: Ayes: Giffin, Coy, Hecht, Wood and Davis Nays: None Absent: Howell and Meyer Chris Coy moved, with a second by Jill Davis, to approve the special exception for Lots 1 & 2, DFW Industrial Park, Phase III and addressed as 1702, 1712, 1722, and 1732 Minters Chapel Road, Grapevine, Texas to allow the existing buildings and parking lots to remain as developed as shown on the concept plan. The motion prevailed by the following vote: Ayes: Giffin, Coy, Hecht, Wood and Davis Nays: None Absent: Howell and Meyer WYWQ1111PA002E1-111MN� M Next for the Board of Adjustment to consider was BZA94-26 submitted, by Bill Davenport for the First Baptist Church of Grapevine for Tract 5A2, Abstract 869, B. B. Johnson Survey containing 0.7632 acres of land and addressed as 900 Dove Road, Grapevine, Texas. Marcy Ratcliff, City Planner, explained the applicant is requesting variances to Section 15.G.2. and Section 15.6.5., Single Family Residential district, to allow a proposed dwelling a fifteen (15) foot variance to encroach the twenty five (25) foot rear yard on the eastern property line as shown on the plot plan and to allow the proposed final plat of Tract 5A2, to have a minimum sixty eight (68) foot depth of lot along it's northern property line and a maximum seventy eight (78) foot depth of lot towards the southern property line. If the request is approved it would allow a total maximum seventy eight (78) foot depth of lot. R-1 BZA Minutes 8/1/94 Marcy Ratcliff explained the First Baptist Church had received the property as a gift to the church. The property is currently zoned "R-7.5" Single Family Residential. The property has physical limitations created by the existing right-of-way of Dove Road and the Corps of Engineer's property along the eastern and southern boundaries making the lot shallow for a residential lot which requires a maximum one hundred (100) foot depth of lot. Consequently, the property has never been platted or developed because of the physical limitations. Mr. Luke Nicodemus is interested in purchasing the property to construct a single family residence. Without the variances the property can not be platted and would be difficult to develop. Mr. Nicodemus has proposed a house with a depth of thirty (30) feet and eight (8) inches. A typical house has a depth between forty (40) feet and (50) feet. The driveway is proposed to be located between breaks in the existing tree line on Dove Road. Mr. William Davenport, 2927 Mesa Verde, Grapevine, Texas was sworn in to speak to the request. Mr. Davenport told the Board he was representing the First Baptist Church in the contract for sale negotiations on the property. He explained the difficulty of designing a house to meet the requirements of the "R-7.5" Single Family District regulations. He told the Board the plan does meet the required front yard setback but it is impossible to meet the rear yard setback. The back of the property abuts the Corps of Engineer property and would not have neighbors behind them. Mr. Nick Nicodemus, 1811 Sonnett Drive, Grapevine, Texas was sworn in to speak to the request. He told the Board he had lived in Grapevine for over twenty years and would like to build a residence on the subject property. He told the Board the property is over five hundred and three (503) feet long and at it's maximum depth is approximately seventy eight (78) feet. Staff reported that one letter regarding the petition had been received and they had spoken to Mr. Wychovsky explaining that the proposed use was a residence and not any type of church structure. He did not have a problem with a single family home being constructed on the property. Board members discussed right-of-way access for the property. They also agreed it was a pretty good use of the land considering it backed up to the Corps of Engineer's property and did not interfere with the stand of trees fronting the property along Dove Road. Chris Coy moved, with a second by Jill Davis, to close the public hearing which prevailed by the following vote: 7 BZA Minutes 8/1/94 Ayes: Giffin, Coy, Hecht, Wood and Davis Nays: None Absent: Howell and Meyer Chris Coy moved, with a second by Jeff Wood, that a special condition did exist for the requests because of the shallow lot configuration and the constraints created by the existing right-of-way of Dove Road along the west side of the property and the Corps of Engineer's property along the eastern and southern boundaries. The motion prevailed by the following vote: Ayes: Giffin, Coy, Hecht, Wood and Davis Nays: None Absent: Howell and Meyer Chris Coy moved, with a second by Carl Hecht, to approve the first request for Tract 5A2, Abstract 869, B. B. Johnson Survey containing 0.7632 acres of land addressed as 900 Dove Road, City of Grapevine, to Section 15.G.2. of the Grapevine Comprehensive Zoning Ordinance 82-73 to allow a fifteen (15) foot variance to encroach the twenty five (25) foot rear yard on the eastern property line to allow a ten (10) foot rear yard setback for a proposed residence as shown on the plot plan. The motion prevailed by the following vote: Ayes: Giffin, Coy, Hecht, Wood and Davis Nays: None Absent: Howell and Meyer Chris Coy moved, with a second by Carl Hecht, to approve the second request to Section 15.G.5. for Tract 5A2, B. B. Johnson Survey, containing 0.7632 acres of land addressed as 900 Dove Road, City of Grapevine, to have a minimum sixty eight (68) foot depth of lot along it's northern property line and a maximum of seventy (78) foot along the southern property line as shown on the plot plan to allow a final plat of Tract 5A2 a depth of seventy three (73) feet to be contingent upon approval of the final plat. The motion prevailed by the following vote: Ayes: Giffin, Coy, Hecht, Wood and Davis Nays: None Absent: Howell and Meyer W�1304F0111112AII Next for the Board to consider was BZA94-27 submitted by Mr. Paul Shia for Lot 1, N BZA Minutes 8/1/94 Block 1, Shia Business Park Addition and addressed as 218 East Dallas Road. Marcy Ratcliff, City Planner, explained the applicant is requesting a special exception to Section 58.0. Parking and Loading Standards which requires internal cross access between all nonresidential developments. The applicant has submitted a zone change (Z94-09) to rezone 0.717 acres from "LI" Light Industrial to "PO" Professional Office District regulations. This property is adjacent to the OmniAmerican Federal Credit Union property discussed earlier this evening. Marcy Ratcliff explained Mr. Shia is proposing to develop a small office building on the property. The property is currently developed with a unoccupied single family residence. The adjacent property on the west side is currently zoned "PO" Professional Office and is also requesting a zone change to "HCO" Hotel/Corporate Office District to develop a 60,000 square foot office building with drive through banking lanes. Mr. Shia submitted his application because the requirement of interconnecting access between developments does not allow exceptions to the particular traffic patterns between an office/bank complex and a small office building use that he is proposing. .......... Mr. Paul Shia, 405 Hudgins Street, Grapevine, Texas was sworn in to address his request. He related to the Board members he was planning to begin construction of his proposed office building immediately and the adjacent project would not be started for approximately three years. He also told the Board there were huge trees on the west side of his property that bounded the two developments. If internal access were required he would have to remove the trees. There were no other guests to speak nor property owner responses relative to the request. Chris Coy moved, with a second by Jeff Wood, to close the public hearing which prevailed by the following vote: Ayes: Giffin, Coy, Hecht, Wood and Davis Nays: None Absent: Howell and Meyer Chris Coy moved, with a second by Jill Davis, that a special condition did exist and that being the distinct character difference between the proposed 5,000 square foot office building and a proposed six story, 60,000 square foot office/bank complex with ten drive through banking lanes adjacent to the property on the northwest side. Cross '1012A Minutes mall /94 access would create a nuisance between users and would not provide good access to a small office use when maneuvering through office/bank traffic. The motion prevailed by the following vote: Ayes: Giffin, Coy, Hecht, Wood and Davis Nays: None Absent: Howell and Meyer Chris Coy moved, with a second by Carl Hecht, to approve the request to Grapevine Comprehensive Zoning Ordinance 82-73 for Lot 1, Block 1, Shia Business Park and addressed as 218 East Dallas Road, to allow a special exception to Section 58.0., Parking and Loading Development Standards, to allow no interconnecting access on the northwest side of the development as shown on the concept plan. The motion prevailed by the following vote: Ayes: Giffin, Coy, Hecht, Wood and Davis Nays: None Absent: Howell and Meyer MINUTES - JULY 7, 1994 Next for the Board of Adjustment to consider were the minutes of the July 7, 1994 meeting. Chuck Giffin moved, with a second by Jeff Wood, to approve the minutes of July 7, 1994 as amended. The vote prevailed as follows: Ayes: Giffin, Coy, Wood and Davis Nays: None Abstain: Hecht MISCELLANEOUS DISCUSSION Marcy Ratcliff, City Planner, reported she had spoken to John Boyle, City Attorney, regarding BZA94-22 submitted by Ronald & Joanna St. Angelo approved by the Board of Zoning Adjustment on July 7, 1994 allowing a variance to construct a three story house at 3225 Red Bird Lane. Mr. Boyle told her the Board of Zoning Adjustment would be receiving a letter from his office stating their action and approval of the request did not meet the intent of the Ordinance and the City Council could take action against them if they so desired. ice BZA Minutes 8/1/94 ELECTION OF OFFICERS Carl Hecht nominated Chuck Giffin as Chairman, Randy Howell as Vice Chairman, and Ery Meyer as Secretary, with a second by Jeff Wood. The motion prevailed as follows: Ayes: Giffin, Coy, Hecht, Wood and Davis Nays: None ADJOURNMENT With no further discussion, Carl Hecht made a motion to adjourn. Jeff Wood seconded the motion which prevailed by the following vote: Ayes: Giffin, Coy, Hecht, Wood and Davis Nays: None The meeting was adjourned at 7:10 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THIS THE ,fit-, DAY OF IIZZ--rx' ' , 1994. ATTEST:. CRETARY APPROVED: is