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Home My WebLink About1999-09-13AGENDA CITY OF A' BOARD OF ZONING ADJUSTMENT MEETING MONDAY ... , COUNCILCITY HALL i FLOOR fl SOUTH MAIN GRAPEVINE, TEXAS Z4 i II. ELECTION OF OFFICERS III. NEW BUSINESS A BOARD • •NING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO CASE ..-15, SUBMITTED BY MICHAEL ROBERTS • PROPERTY LOCATED AT 700 W DALLAS ANX, CONSIDERATION OF B. BOARD OF • ADJUSTMENT • CONDUCT RELATIVE TOCASE , •. SUBMITTED BY DAVID WEEKLEY HOMES• ' PROPERTY • i AT 300 SILVER OAK DR, AND CONSIDERATION OF C. • - i OF ZONINGADJUSTMENT TO CONDUCT . PUBLIC HEARING RELATIVE TOCASE ,.. SUBMITTED BY GRAIN (WILLIAM F. DEACON,FOR - •PERTY LOCATED AT 213 W HUDGINS ST, AND CONSIDERATION OF SAME. D. BOARD • • ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO CASE ... SUBMITTEDBY O. PROPERTY LOCATED CHAPELRD, . • CONSIDERATION OF SAME. IV. MINUTES BOARD OF ZONING ADJUSTMENT TO CONSIDER THE MINUTES OF THE AUGUST 2, 1999, MEETING. a a 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 DEVELOPMENT SERVICES AT (817) 410-3155 AT LEAST 24 HOURS IN ADVANCE. 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 BOARDOF ZONING MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 2ND DAY OF ... AT 11 ANNNNEAKAWT1 •WILL6NMS DIRECTOR OF DEVELOPMENT illrLICES/BUILi OFFICIAL STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Board of Zoning Adjustment for the City of Grapevine, Texas, met in regular session, Monday, September 13, 1999, at 6:00 P.M., in the Council Chambers, 200 South Main Street, Grapevine, Texas with the following members present: Carl Hecht Ery Meyer Dennis Luers Russell Anderson Ron Cook Kip Bruner Jim Kelso Vice -Chairman Secretary Member Member 1 st Alternate 2nd Alternate 3rd Alternate constituting a quorum. Also present was the following City Staff: H. T. (Tommy) Hardy Ron Stombaugh Tim Fleming Gerrie Anderson Director of Development Services Planner II Plans Examiner/Field Coordinator Secretary Vice -Chairman Carl Hecht called the meeting to order at 6:00 P.M. ELECTION OF OFFICERS Vice -Chairman Carl Hecht opened nominations for Chairman. Ery Meyer made a motion to nominate Carl Hecht. Russell Anderson seconded the motion. With no other nominations the following vote prevailed: Ayes: Meyer, Luers, Anderson, Cook, Bruner Nays: None Abstain: Hecht Absent: None Next, nominations were opened for the office of Vice -Chairman. Dennis Luers made a motion to nominate Ery Meyer. Ron Cook seconded the motion: With no other nominations, the following vote prevailed: Board of Zoning Adjustment 9/13/99 Ayes: Hecht, Luers, Anderson, Cook, Bruner Nays: None Abstain: Meyer Absent: None Next, nominations were opened for office of Secretary. Russell Anderson made a motion to nominate Dennis Luers. Ery Meyer seconded the motion. With no other nominations, the following vote prevailed. Ayes: Hecht, Meyer, Anderson, Cook, Bruner Nays: None Abstain: Luers Absent: None NEW BUSINESS BOARD OF ZONING ADJUSTMENT CASE BZA99-15 — MICHAEL L. ROBERTS 700 W. DALLAS ROAD The first item of new business was for the Board of Zoning Adjustment to consider BZA99-15, submitted by Michael L. Roberts, representing Wildflower Bread Company, for property located at 700 W. Dallas Road, platted as Lot 1 R1 B, Block 1 R, Lipscomb & Daniel Subdivision, City of Grapevine. The following requests were to Grapevine Comprehensive Zoning Ordinance 82-73: Section 25.F.1., Density Requirements, which requires a minimum lot size of 30,000 square feet in the "CC" Community Commercial District. The applicant requested a variance of 3,941 square feet. If approved, it would allow a lot size of 26,059 square feet as shown on the concept plan. Section 53.H.2.a., Landscaping Regulations, which requires a 15 foot landscape buffer whenever an off-street parking or vehicle use area abuts a public right-of- way. The applicant requested a variance of nine (9) feet at the narrowest point along Dallas Road. If approved, it would allow a landscaping setback of approximately six (6) feet at the narrowest point along Dallas Road as shown on the concept plan. Mr. Stombaugh explained that Staff found special conditions existed for both variances. He explained that the lot in question was a platted lot with no room for expansion on all four sides and the lot's irregular shape and extreme topography inhibit the ability to provide both a 25 foot driving lane and a 15 foot landscaping buffer along Dallas Road. He noted that prior to Council's approval of the zone 4 Board of Zoning Adjustment 9/13/99 change request on September 7, 1999, the property was zoned "LI", Light Industrial, and was in compliance at that time. Michael L. Roberts, Engineer for the project, of 5503 Bradley Lane, Arlington, took the Oath of Truth and explained that they had more than the required 25 foot of landscaping along the north side of the property. With no one else to speak either for or against the request, Ery Meyer made a motion to close the public hearing. Russell Anderson seconded the motion which prevailed by the following vote: Ayes: Hecht, Meyer, Anderson, Cook, Bruner Nays: None Abstain: Luers After further discussion, Russell Anderson made a motion that there were special conditions, being the lot as platted had no room for further expansion and that the topography of the lot inhibited the ability to provide both a 25 -foot driving lane and a 15 -foot landscaping buffer along Dallas Road. Kip Burner seconded the motion which prevailed by the following vote: Ayes: Hecht, Meyer, Anderson, Cook, Bruner Nays: None Abstain: Luers Russell Anderson then made a motion to approve the requests to Section 25.F.1., allowing a lot size of 26,059 square feet as shown on the concept plan and to Section 53.H.2.a., allowing a landscaping setback of approximately six (6) feet at the narrowest point along Dallas Road as shown on the concept plan. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Hecht, Meyer, Anderson, Cook, Bruner Nays: None Abstain: Luers BOARD OF ZONING ADJUSTMENT CASE BZA99-16 — DAVID WEEKLEY HOMES 300 SILVER OAK DRIVE The next item of business for the Board of Zoning Adjustment to consider was BZA99-16, submitted by David Weekley Homes for property located at 300 Silver Oak Drive, platted as Lot 28, Block 1, Silver Lake Addition. The following request was to Grapevine Comprehensive Zoning Ordinance 82-73: Section 42.D., Supplementary District Regulations, which requires a minimum side yard on the street side of fifteen (15) feet. 3 Board of Zoning Adjustment 9/13/99 The applicant requested a three (3) foot maximum variance, and if approved would result in a twelve (12) foot side yard at the narrowest point as shown on the plot plan. Mr. Stombaugh explained that Staff found there were special conditions as the request was an effort to save trees and that the maximum three (3) foot encroachment was only for a small portion of the length of the side yard. He noted that the shape of the lot made it difficult to place even the smallest floor plan without an encroachment. Martin Schelling of 601 W. Wall Street, Grapevine, took the Oath of Truth and explained the history of the subdivision. He explained that a particular plan was chosen that would maximize the available lot space and save two mature trees. Shawn Boyd representing David Weekley Homes was available to answer any questions. Mr. Schelling noted that he did not anticipate any more product encroachments on any other lots. With no one else to speak either for or against the request, Dennis Luers made a motion to close the public hearing. Russell Anderson seconded the motion which prevailed by the following vote: Ayes: Hecht, Meyer, Luers, Anderson, Cook Nays: None Absent: None Dennis Luers made a motion that special conditions existed in order to save two trees, the maximum three (3) foot encroachment was only for a small portion of the length of the side yard, and that the lot has an unusual shape. Russell Anderson seconded the motion which prevailed by the following vote: Ayes: Hecht, Meyer, Luers, Anderson, Cook Nays: None Absent: None Dennis Luers then made a motion to approve the variance request to Section 42.D., allowing a twelve (12) foot side yard at the narrowest point as shown on the plot plan. Russell Anderson seconded the motion which prevailed by the following vote: Ayes: Hecht, Meyer, Luers, Anderson, Cook Nays: None Absent: None LI Board of Zoning Adjustment 9/13/99 Alternate, Kip Bruner, left the meeting at 6:20 P.M. BOARD OF ZONING ADJUSTMENT BZA99-17 213 W. HUDGINS STREET GRAIN MILL LTD. Next the Board of Zoning Adjustment considered BZA99-17, submitted by William F. Deacon, Jr., representing Grain Mill, Ltd., for property located at 213 West Hudgins Street, platted as Lots 1, 2, 313, Block 25; Lots 1 —16, Block 26, City of Grapevine; and Tracts 40, 42A, and 65E, of Abstract 422. The following requests were from Grapevine Comprehensive Zoning Ordinance 82-73: Section 43.E.3. which allows the Board of Zoning Adjustment to approve a special exception to allow the redevelopment of a nonconforming use. The applicant requested a special exception to allow the property to exist as developed with modifications as shown on the site plan, specifically regarding maximum building height and masonry requirements in the Central Business District. If approved, it would allow the B&D Mills to be redeveloped with changes as shown on the City Council Approved Site Plan. Section 60.13.2.e, Projecting Signs, which allows a sign that is wholly or partially dependent upon a building for support and which projects more than 12 inches from such building, but less than 48 inches. The applicant requested a variance to allow a projecting sign to protrude 32 feet above the current height (138 feet) of the existing structure. If approved, it would allow a 32 foot variance to the maximum a protruding sign can project, creating a sign with a maximum height of 174 feet. Section 60.C.5, Flashing and Moving Signs, which states: No flashing signs, rotating or moving signs, animated signs, signs with moving lights, or signs which create the illusion of movement shall be permitted The applicant requested a variance to allow a rotating sign on the top of the existing structure. If approved, it would allow a moving sign with a maximum height of 174 feet to be added to the existing structure. Mr. Stombaugh explained that Staff found that there were special conditions for the variance to Section 43.E.3 since the site had been deemed a contributing property to the Cotton Belt Rail Road Industrial Historic District, and furthermore, the B&D Mills received a "Part 1" approval from the National Parks Service to be listed on the National Register of Historic Places. He explained that in order to qualify for "Parts 2 and 3" and to meet the responsibility of a contributing property to the historic district, the existing structure must remain on the property. Board of Zoning Adjustment 9/13/99 Mr. Stombaugh explained that staff initially found that no special condition existed for a variance to either Section 60.B.2.e or Section 60.C.5., however, the City Council and the Planning and Zoning Commission approved the site plan associated with this case, allowing the rotating sign on the existing structure. He explained that staff felt that this created a special exception in that the City Council and the Planning and Zoning Commission approved the design of the proposed development. Bill Deacon, representing Grain Mill Ltd., 213 A. West Hudgins Street, Grapevine, took the Oath of Truth. Mr. Deacon explained that he wanted to clarify that they received notice from the National Park Service that Part I, that was previously approved on the property, was rescinded, relating to the property qualifying for investment tax credits. He explained`that the property was still listed on the National Register of Historic Places by virtue of being in the Cotton Belt Railroad Industrial Historic District. Mr. Deacon explained that the height variance was for the most historic building on the site, dating to 1956, which was designated the Date of Significance for the historic development, and the other request was to the masonry requirement. He explained that the only masonry was on the north end of the current office building and in order to build the site back authentically, he would need to come back before the Board for a request to the masonry requirement asking to use corrugated metal. Mr. Deacon explained that the requirement for variances for the sign started developing because leasing agents and real estate developers and investors, recommended signage that would be associated with the property to designate it so the location could easily be located. Mr. Deacon explained how he would like the sign to be seen from all surrounding freeways and compared the visibility of the sign to Mobil Oil's rotating flying red horse atop the Magnolia building in downtown Dallas. Ery Meyer asked why the 32' extension was needed. Mr. Deacon said that because of the location of the historic equipment on top of the roof, it would prohibit the view of the sign. He explained that that was why he chose the existing structural housing on the west side of the roof, because it was the tallest part and would give the best view from all locations. In response to questions from the Board regarding the height of the building and sign, Mr. Hardy recommended that the variance be based on approval of the existing height of the building because there were no architectural drawings of the building. In response to Mr. Cook's question regarding if there would be any future use of the existing equipment on top of the building, Mr. Deacon explained that they want to leave the equipment in place or it would be replaced with replicas of the equipment in keeping with the authenticity of the feed mill. A Board of Zoning Adjustment 9/13/99 Mr. Hecht commented that Section 43.E.3. alone should meet all the National Park Service specifications and asked if the sign was required for approval from the National Parks Service. Mr. Deacon stated that the sign would not be required to get approval from the National Parks Service. Mr. Kelso commented that he understood the commercial value and drawing power of the sign, but pertaining to the historical significance, a neon sign would be a detraction. He also commented that once the building was emphasized with significant lighting, it would be more visible to the public. Mr. Hecht announced that one letter for approval, and two letters for denial had been received. Mr. Luers commented that the sign would probably only be seen from a distance and would not be noticed from the downtown area. He commented that numerous spotlights would be more obtrusive than the proposed sign. With no one else to speak either for or against the request, Ery Meyer made a motion to close the public hearing. Russell Anderson seconded the motion which prevailed by the following vote: Ayes: Hecht, Meyer, Luers, Anderson, Cook Nays: None Absent: Bruner Mr. Meyer asked Staff what special condition the City Council and the Planning and Zoning Commission decided on to allow a moving sign. Mr. Hardy explained that Mr. Deacon's project, called an adaptive reuse of a piece of property, was a difficult situation. He explained that Council and the Planning & Zoning Commission unanimously felt it was important for Mr. Deacon to go forward with the sign to make his project work. Mr. Hardy expressed that he felt the rotating sign on the top would have less of an impact than wall signs on 15% of the wall space of the elevators. Mr. Stombaugh also noted that with the rezoning to Central Business District, pole and monument signs were precluded from being used in the district. After discussion, Russell Anderson made a motion that a special condition existed for the request for a special exception according to Section 43.E.3. since the site had been deemed a contributing property to the Cotton Belt Rail Road Industrial Historic District, and due to revitalization of the downtown area. Dennis Luers seconded the motion which prevailed by the following vote: 7 Board of Zoning Adjustment 9/13/99 Ayes: Hecht, Meyer, Luers, Anderson, Cook Nays: None Absent: Bruner Russell Anderson then made a motion to approve the special exception to Section 43.E.3., allowing the B & D Mills to be redeveloped with changes as shown on the City Council Approved Site Plan. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Hecht, Meyer, Luers, Anderson, Cook Nays: None Absent: Bruner There was discussion concerning the impact the rotating sign would have on the image of Grapevine. Mr. Cook felt that a 32 foot rotating sign was not needed to identify B & D Mills as the center point of Grapevine because the mill had been and would still be the center point of Grapevine. Ery Meyer made a motion that there were not special conditions for Sections 60.B.2.e. and 60.C.5. Ron Cook seconded the motion which prevailed by the following vote: Ayes: Hecht, Meyer, Cook Nays: Luers, Anderson Absent: Bruner Mr. Hecht announced that the request for variance to Sections 60.B.2.e., and 60.C.5. had been denied. ROAD , TIM LANCASTER The last item of business was for the Board of Zoning Adjustment to consider BZA99-18, submitted by Tim Lancaster for property located at 1201 Minters Chapel Road, platted as Lot 1, Block 2, DFW Airfreight Center Addition. The following variance request was to Grapevine Comprehensive Zoning Ordinance 82-73: Section 31.G.3. Area Regulations which requires a front yard setback of not less than 30 feet in the "LI" Light Industrial District. The applicant requested a variance of six (6) feet to the requirement. If approved, it would allow a front yard setback of 24 feet as shown on the plot plan. Board of Zoning Adjustment 9/13/99 Mr. Stombaugh explained that Staff found there were special conditions, specifically the City of Grapevine required an approximately seven (7) feet of the applicant's property that fronts along the east side of Minters Chapel Road, for right-of-way expansion. He explained that future expansion of Minters Chapel Road would encroach into the front yard setback of the applicant's property thus placing the site into noncompliance. Mr. Stombaugh noted that Mr. Lancaster voluntarily dedicated that particular portion of his property for the expansion of Minters Chapel Road. Mr. Lancaster was present to answer any questions. With no one else to speak regarding the case, Russell Anderson made a motion to close the public hearing. Dennis Luers seconded the motion which prevailed by the following vote: Ayes: Hecht, Meyer, Luers, Anderson, Cook Nays: None Absent: Bruner Russell Anderson made a motion that there was a special condition, specifically the City of Grapevine required an approximately seven (7) feet of the applicant's property that fronts along the east side of Minters Chapel Road, for right-of-way expansion. He further explained that future expansion of Minters Chapel Road would encroach into the front yard setback of the applicant's property thus placing the site into noncompliance. Dennis Luers seconded the motion which prevailed by the following vote: Ayes: Hecht, Meyer, Luers, Anderson, Cook Nays: None Absent: Bruner Russell Anderson made a motion to approve the variance to Section 31.G.3., allowing a front yard setback of 24 feet as shown on the plot plan. Dennis Luers seconded the motion which prevailed by the following vote: Ayes: Hecht, Meyer, Luers, Anderson, Cook Nays: None Absent: Bruner MINUTES Next the Board considered the minutes of the August 2,1999, meeting. Ery Meyer made a motion to approve the minutes of the August 2, 1999, meeting. Dennis Luers seconded the motion which prevailed by the following vote: E Board of Zoning Adjustment 9/13/99 Ayes: Hecht, Meyer, Luers, Anderson, Cook Nays: None Absent: Bruner MISCELLANEOUS DISCUSSION Mr. Hardy thanked the Board for their patience regarding Mr. Deacon's case and explained that he could now request the City Council amend the ordinance. Mr. Fleming explained that an office building was being built at 208 W. Wall St. Mr. Hardy announced that Grapefest was a great success. He also explained that the City of Grapevine created another relationship with a sister city, Krems, Austria. FA 911 L01 1 112-J.14 lo There being no further discussion, Dennis Luers made a motion to adjourn. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Hecht, Meyer, Anderson, Luers, Cook Nays: None Absent: Bruner The meeting was adjourned at 7:35 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CATY OF GRAPEVINE, TEXAS, ON THE /,SDAY 0 F '--I/ / o cf /b -ez , 1999. � L PP-1101 M SECRETARY 0%=em"I CHAIRMAN Me