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Home My WebLink AboutORD 2012-052ORDINANCE NO. 2012-52 AN ORDINANCE ISSUING A PLANNED DEVELOPMENT OVERLAY IN ACCORDANCE WITH SECTION 41 OF 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, BY GRANTING PLANNED DEVELOPMENT OVERLAY PD1 2-07 TO INCLUDE BUT NOT BE LIMITED TO DEVIATION FROM FRONT AND REAR SETBACK REQUIREMENTS AND BUILDING COVERAGE REQUIREMENTS IN THE "R-7.5" SINGLE FAMILY DISTRICT AND TO RIGHT-OF-WAY STANDARDS, ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; 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 THE ISSUANCE OF THIS PLANNED DEVELOPMENT OVERLAY PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application was made requesting issuance of a planned development overlay by making applications for same with the Planning & Zoning Commission of the City of Grapevine, Texas, as required by State statutes and the zoning ordinance 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 this requested planned development overlay 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 overcrowding of the land; the effect on the concentration of population; 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 planned development overlay 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, 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, all of the requirements of Section 41 of Ordinance No. 82-73 have been satisfied by the submission of evidence at a public hearing; and WHEREAS, the City Council further considered among other things the character of the existing zoning district and its peculiar suitability for particular uses and with the view to conserve the value of buildings and 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 granting of this planned development overlay, 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 WHEREAS, the City Council of the City of Grapevine, Texas, does find that the planned development overlay lessens the congestion in the streets, helps secure safety from fire, panic and other dangers, 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 planned development overlay 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 the issuance of this planned development overlay for the particular piece of property is needed, is called for, and is in the best interest of the ORD. NO. 2012-52 2 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 does hereby issue a planned development overlay in accordance with Section 41 of 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, by granting Planned Development Overlay PD12-07 to include but not be limited to deviation from front and rear setback requirements and building coverage requirements in the "R-7.5" Single Family District and to right-of-way standards within the following described property: Lots 1-33, Block 1, Lots 1-11, Block 2 and Lots 1-20, Block 3, Lake Pointe Addition (1100 Dove Loop Road) all in accordance with a site plan approved pursuant to Section 47 of Ordinance No. 82-73, attached hereto and made a part hereof as Exhibit "A", and all other conditions, restrictions, and safeguards imposed herein, including but not limited to the following: None. Section 2. That the City Manager is hereby directed to amend the official zoning map of the City of Grapevine, Texas, to reflect the herein conditional use permit. 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 ordinance 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 safely 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 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. 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 which are in direct conflict with the provisions of this ordinance. ORD. NO. 2012-52 3 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. 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 September, 2012. /,\»00IT10�� William D. Tate Mayor ATTEST: Jo i C4. Brown Cit ecretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney ORD. NO. 2012-52 4 EXHIBIT "A" TO ORD. NO. 2012-52 Page 1 of 4 September 7, 2012 Mr. Ron Stombaugh Planning & Development Manager City of Grapevine 200 S. Main Street Grapevine, Texas 76051 RE: Planned Development Overlay Application for Lake Pointe Dear Mr. Stombaugh: The purpose of this letter is to describe the proposed conditional use requests for the PD Overlay District for the Lake Pointe subdivision. The subject property is comprised of approximately 33 acres and is currently zoned R-7.5. It is generally located north and south of Dove Loop Road approximately 1,500 feet east of Dove Road in the City of Grapevine. Mr. Joe Wright is the current properly owner and applicant for this request. The following information details the proposed deviations from City of Grapevine standards including amendments which will serve to offset the requested variances and enhance the property and the surrounding community. List of Deviations 9. Front & Rear Yard Setbacks Standard: Depth of front yard, 30 feet / Depth of rear yard, 25 feet Deviation: Depth of front yard, 20 feet / Depth of rear yard, 20 feet Explanation: Reduced front and rear setbacks are being requested to allow large single - story homes to be constructed on the lots which fall within the same price point as two-story homes. Additionally, the lots adjacent to the Forest Lake and Brookhollow Estates subdivisions will maintain the standard 25 foot rear yard setback. 2. Maximum Building Coverage Standard: Combined area occupied by all main and accessory building and structures shall not exceed forty (40) percent of the total lot area. Deviation: Combined area occupied by all main and accessory building and structures shall not exceed fifty (50) percent of the total lot area. Explanation: Large single -story houses will require a slightly higher coverage percentage. 3. Right -of -Way Width Standard: 50' ROW width for residential street Deviation: 45' ROW width for residential street Explanation: Reduced ROW width is being requested to allow for larger lots. The standard width City of Grapevine pavement section (31' width at back of curb) will be constructed with 5' attached sidewalks. The reduced ROW and attached sidewalks will also promote preservation of existing trees within the front yards. It should also be noted that the standard 50' ROW is typically paired with 5' utility easements on each side resulting in a 60' EXHIBIT "A" TO ORD. NO. 2012-52 Page 2 of 4 infrastructure corridor. The Lake Pointe subdivision will maintain the same 60' infrastructure corridor by incorporating 7.5' utility easements on each side of the proposed 45' ROW. List of Amendment Enhancements 1. Maximum Density Standard: Maximum of four (4) dwelling units per acre of gross area Amendment: Maximum of two and a half (2.5) dwelling units per acre of gross area (excludes Tract E and Tract F) 2. Minimum Lot Size Standard: Minimum lot size of 7,500 square feet Amendment: Minimum lot size of 7,500 square feet with an average lot size of 10,000 square feet 3. Minimum Floor Area Standard: Minimum square footage of a dwelling unit shall not be less than 1,200 square feet of floor area Amendment: Minimum square footage of a dwelling unit shall not be less than 2,500 square feet of floor area 4. Minimum Open Space Standard: A minimum of 300 square feet per dwelling unit dedicated or preserved for open space/park recreational area Amendment: A minimum of 6.0 acres of open space will be preserved and maintained by the Lake Pointe homeowners association. In addition approximately 7 acres of open space will be offered to the City of Grapevine in lieu of park fees on the north side of Dove Loop Road adjacent to the 8 -foot Dove Loop trail. These areas combined represent approximately 13 acres of open space which is over 40% of the gross project area. The standard minimum open space requirement equates to less than half an acre. Additional Developer Standards 1. The developer will require that one hundred (100) percent of the principal buildings/structures (homes) shall be of exterior fire resistant construction, excluding doors and windows, and constructed of brick, stone, or other masonry or material of equal characteristics in accordance with the City's Building Code and Fire Prevention Code. 2. The developer will require that one hundred (100) percent of the garage door exteriors, excluding windows, constructed on principal buildings/structures (homes) shall be clad with natural cedar. The proposed deviations from City of Grapevine requirements and standards are being requested to produce a high quality single-family residential development. The impacts of the proposed variances are contained within the proposed Lake Pointe community and will generally be insulated from the surrounding neighborhood by the natural open space buffers. The lots which are adjacent to the existing residents to the south will maintain the standard rear yard setback of the R-7.5 zoning district. EXHIBIT "A" TO ORD. NO. 2012-52 Page 3 of 4 The Intent of the proposed amendment enhancements and developer standards is to Increase the value, use, and enjoyment of this property as well as the surrounding neighborhood. In addition, these standards provide more stringent requirements and criteria to help justify the requested variances from City standards. We feel the end result will produce a superior housing product and be a great addition to the City of Grapevine. If you require additional information or have any questions, please do not hesitate to call or e- mail me {817-329-4373 or mbaackeftamcivil.coma. Sincerely, Goodwin & Marshall, Inc. Matt Baacke, P.E. MJB/sw Cc: Joe Wright m 2. WIN N:. r'�'� �R■'"IM�JAII•ll�r�olA• �� as .j jiifrrl�al■ A v° j 4 TRACT B BLOCK 1 � 1 9� 2 I \ 0 N12"57'20"W 3 115.00' 4 ti v .30' J� N7 TRACT iAi'�g 9 / 2 ` BOCK B fi f 20 7 d •' _ (� 6 � � \.GGA NNg19 4 N89 "40' 06"E \ Ing 7 ti 123.11' z � ! ^ymV1� \ No'�.18 /5 17 _ Y TRACT D 16 TRACT B 1 9 PARK �,� , 3 \ �\ 7l BLOCK 1 4 � 10 10 5 �. 14 9 t I 8v9 1 �~t o 111 I 17 1 161 9 6 a It 13 14 15 14 13 12 \ OGS 5 r } g� 8 7 g� 0 12 11 20' B_L.1 I —L , 11 1s' R.!� Fav, 15' B.L. _ �c E r t t £ B iT :4 , TO O • w�/i/�f�"V SITE DA TA Page f EXISTING ZONING - R-7.5 PROPOSED ZONING - R-7.5 W/TH PD OVERLAY EXISTING LAND USE - VACANT PROPOSED LAND USE - SINGLE FAMILY RESIDENTIAL PROPOSED RESIDENTIAL LOTS - 64 PROPOSED OPEN SPACE LOTS - 6 3S) AVERAGE S. F. OF RESIDENTIAL LOTS - AO, 183 S. F. IO., DENSITY - 2.48 (EXCLUDES TRACT E 8 TRACT F) 10 1 1 24 A -L] i I 18 19 20 1 21 �1 I I IkI �5 I I Lod' 4i ¢I 22 --f-Y t— �— ---I 20' B. L.i 1 23 1 24 1 25 1 26 1 27 1 28 1 29 1 30 1 31 1 32 1 33 1 ( LOT SUMMARY TABLE S89-06 59-- S89'i5'52"Y� 247.41' 1 S89'1 '22"W 5 9'15'221"W P tci,�L POINT GP BEGINNING { SO. FT. TRACT 2 ! S0210'09"E PP 15.40' N29 2 i.S 8,.E N8997674p"E 11,. i5 M78'09' N81'21'48"W 107,74, 7 '61,21, 581"21, 3 13a / v° j 4 TRACT B BLOCK 1 � 1 9� 2 I \ 0 N12"57'20"W 3 115.00' 4 ti v .30' J� N7 TRACT iAi'�g 9 / 2 ` BOCK B fi f 20 7 d •' _ (� 6 � � \.GGA NNg19 4 N89 "40' 06"E \ Ing 7 ti 123.11' z � ! ^ymV1� \ No'�.18 /5 17 _ Y TRACT D 16 TRACT B 1 9 PARK �,� , 3 \ �\ 7l BLOCK 1 4 � 10 10 5 �. 14 9 t I 8v9 1 �~t o 111 I 17 1 161 9 6 a It 13 14 15 14 13 12 \ OGS 5 r } g� 8 7 g� 0 12 11 20' B_L.1 I —L , 11 1s' R.!� Fav, 15' B.L. _ �c E r t t £ B iT :4 , TO O • w�/i/�f�"V SITE DA TA Page f EXISTING ZONING - R-7.5 PROPOSED ZONING - R-7.5 W/TH PD OVERLAY EXISTING LAND USE - VACANT PROPOSED LAND USE - SINGLE FAMILY RESIDENTIAL PROPOSED RESIDENTIAL LOTS - 64 PROPOSED OPEN SPACE LOTS - 6 3S) AVERAGE S. F. OF RESIDENTIAL LOTS - AO, 183 S. F. IO., DENSITY - 2.48 (EXCLUDES TRACT E 8 TRACT F) 10 1 1 24 A -L] i I 18 19 20 1 21 �1 I I IkI �5 I I Lod' 4i ¢I 22 --f-Y t— �— ---I 20' B. L.i 1 23 1 24 1 25 1 26 1 27 1 28 1 29 1 30 1 31 1 32 1 33 1 ( TRACT E BLOCK 4 N W s E S GRAPHIC SCA_E 1-80' 080 150 240 LOT SUMMARY TABLE S89-06 59-- S89'i5'52"Y� 247.41' 1 S89'1 '22"W 5 9'15'221"W SB '15'22-w 327.50;1 LOT# SO. FT. 120.68' F(.RES7 AKG ! a bP DI HOLI t - 6 9 - VOL. 388 66 PG. 62 i5 _ 130.94'1 _ - IF96 pr" 6 VO 4 5 7 2 3 P P C_T Y 41 ONED1 P-7.5 / 4,565 13' P. _T. P. T. Po g^569 --j 5 2573 2 5 7,800 BOUNDARY CURVE DATA 7,900 7_ _ 14,5842_ CURVE RADIUS DELTA ARC CHORD BEARING CHORD 2_ OWNEDBBY �� Cl 560.00 S2 °57'23" S54 °53'07"E 499.36' _ 800 /� -JOE L. WRIGHT1�, H � L 9 C2 690.00 432.59' 27'50'46" 432.54' 542`19'50"E 428.30' _ I5 562 _ 2 --`��AL G3 640.00` 52`57'23' 591.53' ,554`53'07"W 570.70• I 601 W. WALL, STREET CML ENGINEERS-PUWNERS- SURVEYORS C4 810.00' 20'56'39" 296.09' N43°23'41'W 294.44' 14 GRAPEVINE, TEXAS 2+WMU~9Dr",Gmaenne,Tx.7eo5i 3 8,100 _ 5 �I 3_183 3 (817} 4$1-2594 Metro (817) 3294373 TRACT E BLOCK 4 N W s E S GRAPHIC SCA_E 1-80' 080 150 240 BEGINNING TRAACT 3 \ PLANNING AND ZONING OOMMISIONAPPRom n \ BLOCK 5 M pa TE 4RaRcvEd c cC: 4 CHAIRMAN SECRET mq TRACT A BLOCK i 9'20'42"W BE 134.60' \ 06'15"W SB9"36'49"W LOT SUMMARY TABLE LGp 101.19' BLOCK# LOT# ! SQ. FT. BLOCK# LOT# SO. FT. 2 1 9,377 2 2 3 7 600 __ 4 4,565 2 a g^569 --j 5 2573 2 5 7,800 7,900 7_ _ 14,5842_ 7 10,004 6 _ 15,943 2_ 8 9,933 9 793 _ 800 I Ia 13.902 2 10 9 810 I II _ I5 562 _ 2 II 81012 _ 12 0,793 3�_ I 11,7?_8_ I 13 8 , 100 3 _ _3 2 -6 —109 14 8,100 3 8,100 _ 5 �I 3_183 3 4 8,100 _ 16 16, 742 3 5 9 896 I 17 ---261891— 3 -- �6 8,486 _ 1 16 12,021 3 7 7 800 _ I 19 8, 191 _ 3 20_ 8, 190 3 9 7800 21 8,190 3190 3 _ 10 7,800 --_ 23 IT e5 --- —I 26 - —2-9- 9t9 - 32 8.244 T 8 , 505 -- 8.505 _ a 505 a 505—_ 8-_505 8 512 _a2 3 3��9.986 --- 3-- �z 3 - ,2 in 15 17 t9 - _ ;O. ;20 7.806 -0- 8 1102 943 8, 01 8-'100 949 - —� _ -- BEGINNING TRAACT 3 \ PLANNING AND ZONING OOMMISIONAPPRom n \ BLOCK 5 M pa TE 4RaRcvEd c cC: 4 CHAIRMAN SECRET mq TRACT A BLOCK i 9'20'42"W BE 134.60' \ 06'15"W SB9"36'49"W X9.77' LGp 101.19' d� 02909 A ti 11'03'48"W 45.22' MIT GP ZONING STATEMENT PD12-07 /S A REQUEST TO DEVIATE FROM BUT NOT BE LIMITED TO FRONT AND REAR YARD SE%BACKS, BUILDING COVERAGE ANO RIGHT-OF-WAY STANDARDS, LAKE POINTE (PD12-07) BEING 32.751 ACRES SITUATED IN THE B.B. JOHNSON SURVEY, ABSTRACT No. 869 GRAPEVINE, TARRANTR COUNTY, TEXAS 1100 DOVE LOOP ROAD GRAPEVINE, TEXAS 76051 64 RESIDENTIAL. LATS - 6 OPEN SPACE LOTS SEPTEMBER, 2012 _......_..._........ _ _.. SHEET I OP 1