HomeMy WebLinkAboutItem 02 - Z06-12 & PD06-08 Townhomes of WestgateITEM �
psy,op` 213
TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, ACTING DEVELOPMENT SERVICES
DIRECTOR
MEETING DATE: AUGUST 15, 2006
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE
CHANGE APPLICATION Z06-12 AND PLANNED DEVELOPMENT
OVERLAY PD06-08
II
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GrapeviAPPLICANT: Kosse Maykus
LakeDo'e
PROPERTY LOCATION AND SIZE:
The subject property is addressed as 2300 Westgate
I
Plaza and is proposed to be platted as Lots 1-39 and
S r
Airport 3 Lots A, B, and C, Block 1, Townhomes of Westgate.
Hall -Johnson ti�so a I
The property contains approximately 5.12 acres and
1�---0
i has approximately 668 feet of frontage along
Glatle Rd. — d —� ' Westgate Plaza.
H c
O
REQUESTED ZONE CHANGE, PLANNED DEVELOPMENT OVERLAY AND
COMMENTS:
The applicant is requesting a zone change to rezone 5.12 acres from "CC" Community
Commercial District to "R-TH Townhouse District for a 39 unit townhouse development.
The applicant is also requesting a planned development overlay to include but not be
limited to deviation from the front, rear, and side vard setback requirements, and building
separation.
The applicant proposes to develop a 39 -unit townhouse development on the subject site
along with a pool/cabana area for residents. Interior streets will be private; however, they
will be designated as firelanes and will be built to City construction standards and
inspected by City staff. To facilitate the townhouse project the applicant is seeking to
deviate from the following ordinance requirements:
0:\ZCU\Z06-12.4 & PD06-08 1
10/12/069:54 AM
• Front yard setback; the ordinance requires a 25 -foot front yard setback—the
applicant is seeking a setback of 22.5 feet from the property line (centerline of
private street), with living space set back ten feet from the curb line and garage area
set back 20 feet from the curb line.
• Rear yard setback; the ordinance requires a 25 -foot rear yard setback—the
applicant is seeking a rear yard setback of 15 -feet.
• Side yard setback; the ordinance requires a side yard setback of 15 -feet for end
units of three or more and six feet for two units. The ordinance also requires a side
yard setback of 25 feet next to a public street—the applicant is seeking a side yard
setback of ten feet between buildings and 15 -feet from any curb line.
• Buffer area setback; the ordinance requires any "R-TH" Townhouse District
development to be set back a minimum of 40 -feet from any adjacent residential or
nonresidential district—the applicant is seeking a buffer area setback of 15 -feet
from the adjoining property lines to the north, east, and west.
• Building separation; the ordinance requires a minimum separation of 30 -feet
between any two unattached buildings end-to-end and 50 -feet between any two
unattached buildings face-to-face—the applicant is seeking a minimum separation
of ten feet end to end and 25 -feet face to face.
• Private garages; the ordinance requires lots to be a minimum of 40 -feet in width for
structures with front entry garages—the applicant is seeking a minimum lot width of
30 -feet.
• Maximum building coverage; the ordinance requires a maximum building coverage
of 40 percent of the entire lot—the applicant is seeking to allow maximum building
coverage to not exceed 80 percent.
• Swimming pool and tennis courts; the ordinance requires private swimming pools
and tennis courts be located no closer than 75 -feet to any adjacent residential
district—the applicant is seeking to allow a swimming pool no closer than 15 -feet to
the adjacent residential district to the west.
Council approved at their April 15, 2003 meeting a conditional use permit to establish a
planned commercial center on the subject property. At that time the applicant had no
specific project to develop on the site. Infrastructure improvements were made on site in
anticipation of development.
PRESENT ZONING AND USE:
The property is currently zoned "CC" Community Commercial District and is vacant.
0AZCU1Z06-12.4 & PD06-08 2
10/09/062:35 PM
HISTORY OF TRACT AND SURROUNDING AREA:
The subject property was zoned "R-2" Two Family Residential prior to the 1984 City
Rezoning. During the City Rezoning the subject site was rezoned to "R-3.5" Two Family
District. At a January 16, 1990 meeting, Council approved a rezoning (Z89-17) of the
subject site to "CC" Community Commercial District and the property has remained vacant.
The Grapevine Plaza Shopping Center to the east was rezoned from "C-2" Community
Business District to "CN" Neighborhood Commercial District during the 1984 City Rezoning.
It was later rezoned (Z85-10) to "SP" Site Plan District to allow the development of a
shopping center with a grocery store with off -premise alcohol beverage sales. At the April
15, 2003 meeting, Council approved a conditional use permit (CU03-10) for a planned
commercial center for a future retail/office complex. Conditional Use Request CU06-31
was approved at the August 15, 2006 meeting which allowed for a 17,224 square foot
medical office building immediately south of the subject site.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "R-7.5" Single Family District and "R -MF -2" Multifamily District–Austin
Oaks single family subdivision and Woodlake Apartments
SOUTH: "CC" Community Commercial District—future medial office site
EAST: "R-5.0" Zero -Lot -Line District and "CN" Neighborhood Commercial
District – Oakwood Meadows single family subdivision and Grapevine
Plaza Shopping Center
WEST: "R-7.5" Single Family District—Austin Oaks single family subdivision
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 Commercial land use. The
applicant's request is not compliance with the Master Plan.
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0AZCU\Z06-12.4 & PD06-08 3
10/09/062:35 PM
I inch equals 300 feet
Z06-12 & PD06-08
TOWNHOMES OF WESTGATE
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I Ron Stombaugh - Z06-12 & PD06-08 Townhomes of Westgate Page 1
From: "Porters" <
To: <rons@ci.grapevine.tx.us>
Date: 10/10/2006 8:32:39 PM
Subject: Z06-12 & PD06-08 Townhomes of Westgate
Grapevine Council Members and P&Z Commisioners,
c/o Mr. Ron Stombaugh, Grapevine Planning and Zoning Department
As the President of the Austin Oaks Homeowners Association, I would like to
extend our support of the Townhomes of Westgate rezoning request (Z06-12)
and planned development (PD06-08)overlay.
The use of residential townhomes adjacent to our single family residential
community is a welcomed development. The level of quality presented to us
by Mr. Cunningham as shown on the site plans dated 9/06/06 and associated
elevations allow a very compatible neighbor to Austin Oaks and nice addition
to the City of Grapevine.
We applaud Mr. Cunningham's proactive approach to keeping us informed and
his continued availibility to meet with us personally.
Respectfully,
Karen Porter
Austin Oaks HOA
817-488-7250
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CC: "
March 16, 2004
Mr. Roger Nelson, City Manager
City of Grapevine
200 S. Main
Grapevine, TX 76051
Dear Mr. Nelson:
I wanted to take a moment to compliment David Cunningham, the developer of Westgate Plaza
in Grapevine.
We live in Austin Oaks on Bonham Trail. Our property backs to the new Plaza (along Hwy.
114). We are one of the residents that had the wall built to replace our back fence. We didn't
realize that the developers' property ended in the middle of our fence line until the wall was
near completion. We were faced with having half a brick wall and half a fence on our property.
That would have been unsightly and depreciated the value of our property greatly. The other
option was for us to build a new 8' fence in front of the wall to hide it, at our expense.
I got David's name from our Homeowners Association. They had glowing remarks about
working with him and suggested I call him. David took the time to come to our house and
discuss this with us. He is a most gracious person who offered to complete the wall, at a great
expense to his company. We realize that he was not obligated to do so and know that he went
out of his way to devise a solution because, as he said "it is the right thing to do". He had the
contractors extend the wall by turning it in towards our house and running it along the fence
line so it would not infringe on the adjacent property owners' land.
It is so refreshing to meet such an honorable person and businessman. He treated our home as
if it was his own and you can't ask for a better neighbor than that. We appreciate all the care
and planning that went into the development of this Plaza to ensure that our community was
considered and our quality of life protected. A developer such as this is a great asset to a city
because he is a man of principal and his projects will reflect that quality and add value to our
city for many years to come.
Please do not hesitate to call me if you have any questions.
Sincerely,
Cathy Bowling
2413 Bonham Trail
Grapevine, TX 76051
817-442-5305
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JUL 3 2006
V
T E A s"
V
CITY OF GRAPEVINE
PLANNED DEVELOPMENT OVERLAY
APPLICATION
PART 1. APPLICANT INFORMATION
Name oppticanntt/lagent:kompanylcontact
S drcsso(app/icant/agent
City/State/Zip Code of applicant /agent:
n ,4�,
Telephoft number of applicant /a
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Fax number ofappkant/agent:
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PART 2 PROPERTY INFORMATION
Sheet addess orsubject property
Legai description of subyect property (metes d bounds must be described on 8 112'x 11' sheep
Size of subject property
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VP�Acres. Square footage
Present zoning classification:
used the property:
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Minimum /maximum district size for request:
Zoning ordinance provision requesting deviation bom:
PART 3. PROPERTY OWNER INFORMATION
Name of ument property owner:
?mss
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Skeet address of property owner
Cly/State /Zip Code of property owner.-
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Telephone nu^f of property owner
Fax ofof property owner
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JUL 3 2006
O Submit a letter describing the proposed Planned Development and note the request on the site plan document.
❑ Describe any special requirements or conditions that require deviation of the zoning district regulations.
❑ Describe whether the proposed overlay will, or will not cause substantial harm to the value, use or enjoyment of other property in
the neighborhood.
❑ Describe how the proposed planned development will add to the value, use or enjoyment of other property in the neighborhood.
❑ The site plan submission sha# meet the requirements of Section 47, Site Plan Requirements.
❑ All planned development overlay applications are assumed to be complete 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 maybe scheduled Jo a later date.
❑ All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to
the neat public hearing. Pubic hearings will not be tabled.
❑ Any changes to a site plan (no matter how minor or mayor) approved with a planned development overlay can only be approved by
city council through the pubic hearing process.
❑ 1 have read and understand at/ the requirements as set forth by the application for planned development overlay and acknowledge
that all requirements of this application have been met at the time of submittal.
PART 4. SIGNATURE TO AUTHORIZE PLANNED DEVELOPMENT OVERLAY REQUEST AND PLACE A PLANNED
DEVELOPMENT OVERLAY REQUEST SIGN ON THE EJECT P
41=E��1 K u�Lt ",
Print AbpIlcarrrs Name_ Applfnt's Slgnat
The State Of W xA
a
County ,f a C a
'e Me J J 1 on this day personalty appeared
(notary) (apptka o
known to me (or proved b me on the oath of card or other documeno to be the person whose name is subscribed ta the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consldera" therein expressed.
(Seep Given troch my hand and seal of office this day ofu A.D.
JESSI WIEDERANDERS
2 o=Notary Public, State of Texas
+r My Commission Expires Notary /n d to Of texas
04/05/20101
Print Property o�wln&$ Name- Property s Sig lure:
The State
County of -Ta,/y ot
Sebe Me It ) `ll 11 V`l 4' `�' on this day personally appeared�y� ,, U
• (notary) ��1 r �
(Prey
known to me (or proved to me on the oath of card or other doc rnenq to be the person whose name is subscribed to the foregoing instrument and
x)(nowiedged to me that he executed the same for the purposes and consideration therein expressed.
'Seep Given under my hand and seal of office this day of \ A.D.
JESSI WIEDERANDERS
-
�; �- Notary Public, State of Texas
^�®+< My Commission Expires Not in Far Texas
of,s:``` 04/05/2010
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04.05
IREC I VE D
JUL 3 2006
h4- k + S t^ 11%1 y ,1'4
7• I
• • ♦ • • r • ♦
amony given by applicants and interested citizenry
hearingsPublic be • • to the next public hearing. Public hearingsnot 1
tabled.
changesAny • a site • t matter how♦ or •:approved with a planned
development oveday can only be approved by city council through the public hearing
process.
I have read and understand all of the requirements as set forth by the application for planned
development overlay and acknowledge that all requirements of this application have been met
at the time of submittal.
Signature of Applicant
Date: __;1b1[)
Signature of Owner
Date.
0AZCLAF0R MS{app.p d.doc
04.05
RECElAw"ED
JUL 3 2006
PLiFiNNNG
Field Notes
Description for Block 4 and a portion of Block 2, WESTGATE PLAZA, an addition to the City of
Grapevine, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 8847, Plat
Records, Tarrant County, Texas, and being described as one (1) tract by metes and bounds as
follows:
BEGINNING at the northeast corner of Block 4;
THENCE South 01 degree 20 minutes 06 seconds West a distance of 546.48 feet along the east
line of Block 4 and Block 2;
THENCE South 80 degrees 21 minutes 01 seconds West a distance of 31.98 feet to the beginning
of a curve, concave to the southwest, having a radius of 200.00 feet;
THENCE Northwesterly a distance of 210.26 feet along said curve, to the south line of Block 4, to
the north line of Block 2 and to the end of said curve;
THENCE North 70 degrees 01 minute 00 seconds West a distance of 362.15 feet along said north
and south line to the beginning of a curve, concave to the south, having a radius of 200.00 feet;
THENCE Westerly a distance of 71.14 feet along said curve and along the north line of Block 2
and the south line of Block 4;
THENCE South 89 degree 36 minutes 16 seconds West a distance of 48.59 feet along the north
line of Block 2 and the south line of Block 4 to the beginning of a curve, concave to the south,
having a radius of 200.00 feet;
THENCE Westerly a distance of 24.37 feet along said curve and along the north line of Block 2 to
the southwest corner of Block 4;
THENCE North 08 degrees 24 minutes 30 seconds East a distance of 221.76 feet to the northwest
corner of Block 4;
THENCE South 88 degrees 49 minutes 02 seconds East a distance of 157.20 feet to an angle point
in north line of Block 4;
THENCE South 88 degrees 43 minutes 51 seconds East a distance of 454.01 feet to the POINT OF
BEGINNING, said described tract containing 5.12 acres of land. RECEIVED
Field Notes based compiled from recorded plat 06/30/06 by Roger W. Hart, R.P.L.S. Number 4484. JUL 5 2006
PLANNING
File #: Z06-12 & PD06-08
TOWNHOMES OF WESTGATE
WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER
THAN 5 PM ON MONDAY OCTOBER 16, 2006
Procedure to Respond:
As (a Property Owner within 200 feet of the subject tract) or (an interested citizen), I
(approve) (protest) and/or (have the following comments)
IM �.L) � l� 0-t-� S .1. I . .
Print Name and Address, or
'�'- 1�t-
Block and Subdivision:
Y\.
Telephone: (817)410-3155 Fax: (817)410-3018
Direct questions and mail responses to:
Planning Secretary
Department of Development Services
City of Grapevine
P.O. Box 95104
Grapevine, Texas 76099
P.S.
',I�yl���3C�
RECEIVED
OCT l i zoos
PIRAINIIiG
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F -a6 -[I
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 Z06-12 ON A TRACT
OF LAND OUT OF THE T. EASTER SURVEY, ABSTRACT
NO. 458, 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 "CC" COMMUNITY COMMERCIAL
DISTRICT REGULATIONS TO "R-TH" TOWNHOUSE
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 other things 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
as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby
amended and changed by Zoning Application Z06-12 to rezone the following described
property to -wit: being a 5.12 acre tract of land out of the T. Easter Survey, Abstract
No. 458, Tarrant County, more fully and completely described in Exhibit "A", attached
hereto and made a part hereof, which was previously zoned "CC" Community Commercial
District Regulations is hereby changed to "R-TH" Townhouse District Regulations, all in
accordance with Comprehensive Zoning Ordinance No. 82-73, as amended.
Section 2. 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 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. 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. 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. 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 17th day of October, 2006.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 4
ORDINANCE NO.
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 PD06-08 TO INCLUDE BUT NOT
BE LIMITED TO DEVIATION FROM THE FOLLOWING
REQUIREMENTS: LOT WIDTH RELATIVE TO FRONT
ENTRY GARAGE ACCESS, BUILDING COVERAGE, FRONT,
REAR AND SIDE YARD SETBACKS, BUFFER AREA,
BUILDING SEPARATION, AND SWIMMING POOL
SEPARATION 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
ORD. NO. 2
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
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 No. PD06-08 to include but not be limited to
deviation from the following requirements: lot width relative to front entry garage access,
building coverage, front, rear, and side yard setback, buffer area, building separation, and
swimming pool separation within the following described property: Lots 1-39 and Lots A,
B, C, Block 1, Townhomes of Westgate (2300 Westgate Plaza) 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. 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. 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
ORD. NO. 3
ordinances except in those instances where provisions of those ordinances which 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. 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. 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 17th day of October, 2006.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 4
m
HAT CREEK DEVELOPMENT
817-329-3111
SAGE GROUP, INC.
Master Planning
Landscape Architecture
TEL. 972-929-8443
OCT 1 2 2006
Townkomes of Westgate
Owner's Statement:
Land Use: The subject property is a 5.2 acre parcel of the Westgate Project that is
currently zoned Planned Commercial District (PCD) with the underlying zoning being
Community Commercial (CC). It encompasses the back portion of the "Westgate"
project, a planned commercial development approved by the City of Grapevine in late
2003. The Westgate development originally envisioned Retail, Restaurant and
Commercial Uses along the frontage, with the hope that Office development would
follow in this less visible, rear area, and which would also act as a buffer and transition
from the Commercial to the adjacent, existing Residential uses.
However, as the development has progressed the back property has proven to have no
commercial value for a variety of reasons but predominately due to the lack of business
exposure. The originally planned Retail, Restaurant and Commercial uses have proven
unfruitful as more desirable Retail and Restaurant locations in far East Grapevine and in
Southlake have won all of the users at the expense of Westgate. Predominant interested
users for Westgate are for Office and Medical Office facilities. Two sites have been sold
for this use and two additional sites for this use are in planning at this time. This "new
reality" has extended to the rear portion as well, as it has proven to be unmarketable as
Office land. In over two and one-half years the only expressed interest for the back 5.2
acres has been for Townhomes or as multi -family uses. In effect, the traditional (and
hoped for) layering of land use intensities along the freeway (Retail/ Commercial, then
Office, then Residential) has shifted instead to a layer of Office, then Residential.
Therefore, to better align the development with what the marketplace is telling us, we are
proposing a change in land use (for the rear area only) to Residential, in a form
compatible with the adjacent Office Uses, while still providing a buffer and transition to
the adjacent existing Multifamily and Single -Family Residential.
Proposed Development: We are proposing a residential community consisting of 39
units of upper -end, luxury Townhomes, which will respond to the growing market for a
low maintenance, more care -free lifestyle sought by many of today's empty -nesters and
young professionals. Today's buyers in this segment are demanding and can afford a
high level of quality and features in a home, but desire a break from the maintenance
obligations required of similar quality, larger homes on individual lots. The Townhomes
of Westgate will range from 2,000 to 2,500 square feet, and will sell for a range of
$300,000-$350,000.
The Townhomes of Westgate will be oriented around ample areas of fully landscaped
open space, which is approximately 20% of the site and will also feature a community
Cabana and Pool area, for the recreational needs of the owners. Additionally, in response
to the market, each Townhome will have a small private back yard which will make the
homes more livable for the residents of Westgate.
Need for "PD" Planned Development Overlay: The property is currently zoned
Planned Commercial District (PCD) with the underlying zoning being Community
Commercial (CC). To facilitate the conversion of this property to residential and allow
for efficient development, a PD Overlay is required to provide for the adjustments to the
R-TH zoning restrictions contained in the chart shown in the next page. Approval of the
PD Overlay also provides for the following to be achieved:
• Frontloaded garages eliminate the need for alleys and preserve the rear of the
units for open space, private back yards and landscaping.
• Allows for more usable space in the development by allowing the assembly of the
remaining open space into larger public landscaped areas.
• All Homes will meet the requirements of minimum home width of 30' and
minimum lot size for Townhomes as prescribed in the Grapevine codes and
ordinances.
• Homes density is less than the allowed 9 units per acre, actually less than 8.
• Front loaded garages as proposed do not limit the architectural detailing of the
project but in fact allow for more relief along the elevations as well as a heavier
parking density for the overall development. Four (4) spaces per unit are
provided in the development plus additional public spaces are provided as well.
• Front loaded units eliminate the cold "sterile" alleys which are the result of rear
loaded units, increases the safety for the residents by allowing fewer hidden
entrances which are often the source of break-ins and most importantly will better
allow the residents of Westgate to come and go in a fashion that will promote
neighborhood and community familiarity.
• By allowing the Westgate Townhome project to be developed as proposed a site
that would otherwise not be developed or at very best be much delayed will be put
into the tax roles at a value that approximates 2 times the value of any office
development with no loss in sales tax because the site will never be developed by
sales tax paying users.
• The site is a prototypical transition site being bordered on two sides (30%) by
single family, one partial side (20%) by multi -family and two sides (50%) by
retail and/or office.
• Because of the lack of storm detention ordinances in Grapevine in the 80's (when
property east of the subject site was developed) the property is burdened with a
storm detention requirement that further impacts the site and minimizes its
commercial value. Allowing a more flexible use of the land will help to correct
some of the inequities imposed by these drainage situations.
Summation: We believe that the acceptance of the Townhomes of Westgate project
will allow for the use of an otherwise unusable small tract of transition land. We believe
that taxable value for the developed land will be significantly increased if not doubled.
We believe that the development will be of very high quality and will be an additive and
forward looking residential addition to the city of Grapevine which will support more
varied lifestyle living choices. We believe that our neighborhood will add to the growth
of Grapevine by providing living choices that are limited in the city and will in many
cases save us from the loss of existing Grapevine residents who desire this home choice
but must leave the core city to find them. We will deliver a project that you will be
proud of.
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Note: Zone Change Request Z06-12 is a request to rezone 5.12
Existing Zoning: R 7.5
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acres from "CC" Community Commercial District to "R TH"
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Note: All on-site electrical conductors associated with rr eu PG r
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Development Overlay PD06-08 is a request to include but not be
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limited to deviation from front, rear and side yard setbacks,
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buffer areas, lot width building separation and lot width
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THENCE South 80 degrees 21 minute, O] saccade West a dist®ce of 31.96 fee[ to the beginning
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be built according to City Construction Standards and inspected
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-454
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Field Naps -
/ Descripb- for Block 4 and a potion of Black 2, WESTGATE PLAZA, an addition to the City of / I , ,
/ GraNA,,, T-1, County, Texas, according to the plat rec°rded m Cabmat A, Slide 8847, Plat
Roc'ids,Ta tCmmty,Taus,endbeingdaam'badasone(1)tractbymete,mdb,=&ne ,- - _ I—,`— Existing Zoning: CN
1� SAGE GROUP, INC.
0000
Q Q Maser Planning Site Plan 3 9 Units
Landscape Architecture
12 CBCT 06 (972) 929-8443
0 40' 80' 160' -7-01�0^�l r V 1sl of I v elst e
PF T,1
OWNER:
Name: Hwy. 114 Prospect, Ltd.
Attn.: David Cunningham
Address: 2172 Winding Creek
Grapevine, Texas 76051
Phone #:214-621-5501
Vicinity Map
UASt NAMt:Tmnhomes of Westgate
CASE NUMBER:Z06 12, PD06-M
LOCATION' 2300 Westgate Placa
Lots 1-39 & Lots A, 6 & C, Block 1
Townhomes of Westgate
MAYOR SECRETARY
DATE:
PLANNING AND ZONING COMMISSION
CHAIRMAN
DATE: i
SHEET: 1 OF 3
APPROVAL DOES NOT AUTHORIZE ANY WORK
IN CONFLICT WITH ANY CODES OR
ORDINANCES.
DEPARTMENT OF DEVELOPMENT SERVICES
SIZE PLAN
CITY OF GRAPEVINE
APPROVED
SHEET 1 OF 3
APPROVAL DOES NOT AUTHORIZE ANY WORK
IN CONFLICT WITH ANY CODES OR
ORDINANCES.
DEPARTMENT OF DEVELOPMENT SERVICES
APPROVED BY
PLANNER
DATE
APPLICANT:
Name: HAT CREEK DEVELOPMENT
Attn.: Kosse Maykus
Address: P.O. Box 92747
Southlake, Texas 76092
Phone #: 817-329-3111
SURVEYOR:
Name: Area Surveying, Inc.
Attn.: Roger Hart
Address: 135 Sheffield Drive
Ft. Worth, Texas 76134
Phone #:817-293-5684
PLANNER:
Name: Sage Group Inc.
Attn.: Curtis Young
Address: 8445 Freeport Parkway
Irving Texas 75063
Phone #: 972-929-8443
ENGINEER:
Name: Duffy Hamilton Thomas, LLP.
Attn.: Keith Hamilton
Address: 601 Harwood Road
Hurst, Texas 76504
Phone #: 817-268-0408
SHEET 1of3
/ -
BEGINNING at the northees[wmer of Block 4;
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THENCE South 01 degree 20 06 distance 546.48 feet the
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minutes seeds West a of aleag east
line of Block 4 and Block 2;
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THENCE South 80 degrees 21 minute, O] saccade West a dist®ce of 31.96 fee[ to the beginning
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of a curve, concave to the southwest, having a tadsus of 20000 feet
/
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THENCE Northwesterly a dhslance oP210 26 feet along said curve, to the eouN live of Block 4, t'
hneof Bloek 2®dto theendof-d—;
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THENCE North 70 degree, 01 minute 00 second, West a distance of362.15 f t along mid north
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and south live to the beginning of a curve, coviceve to the south, having a radius of 200.00 feet:
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THENCE Westerly, dr,fenee o1771.14 fa -along said ourve and alongthe vorib Eve ofBlock2-
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_
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line or Blnak 2 end the aenth line of Block 4 to the beginning of, curve, wncave to the south,
Area Summary
/
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having u nedms'1'200 00 fee;
s
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THENCE Westerly a dhetance of24.37 feet along said curve and along the north tine of Block 2 to
Internal Circulation Area:
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3
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I the soutbwast°°roar'fBI k4;
Fire Lanes and Striped Visitor Parking
1.16 ac.
,
_
ao 2
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THENCE North 08 degree, 24min°tes30secwdsBoat ndisteneeof221.76feet inthe nmthwest
aornerofBtoo'k4,
Sidewalks/Pool Areas
0.25 ac.
0 Lot Area (not includingdrives)
2.75 ac.
_
THENCE So n sa aeea9mo2a'one,Boat aa;,aa'orts7.zofeet mnmine
Space including & area)
0.96 ac.m
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northline afBlook
Open (not sidewalks pool
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pen Space:
T^`
Total Project Area
5.12
5.12 ac.
�e1—b.M plkd/lum raver F1w 0690/06 by Ro W.tl ,, RP.L.S. Monts Hd'4.
1� SAGE GROUP, INC.
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Q Q Maser Planning Site Plan 3 9 Units
Landscape Architecture
12 CBCT 06 (972) 929-8443
0 40' 80' 160' -7-01�0^�l r V 1sl of I v elst e
PF T,1
OWNER:
Name: Hwy. 114 Prospect, Ltd.
Attn.: David Cunningham
Address: 2172 Winding Creek
Grapevine, Texas 76051
Phone #:214-621-5501
Vicinity Map
UASt NAMt:Tmnhomes of Westgate
CASE NUMBER:Z06 12, PD06-M
LOCATION' 2300 Westgate Placa
Lots 1-39 & Lots A, 6 & C, Block 1
Townhomes of Westgate
MAYOR SECRETARY
DATE:
PLANNING AND ZONING COMMISSION
CHAIRMAN
DATE: i
SHEET: 1 OF 3
APPROVAL DOES NOT AUTHORIZE ANY WORK
IN CONFLICT WITH ANY CODES OR
ORDINANCES.
DEPARTMENT OF DEVELOPMENT SERVICES
SIZE PLAN
CITY OF GRAPEVINE
APPROVED
SHEET 1 OF 3
APPROVAL DOES NOT AUTHORIZE ANY WORK
IN CONFLICT WITH ANY CODES OR
ORDINANCES.
DEPARTMENT OF DEVELOPMENT SERVICES
APPROVED BY
PLANNER
DATE
APPLICANT:
Name: HAT CREEK DEVELOPMENT
Attn.: Kosse Maykus
Address: P.O. Box 92747
Southlake, Texas 76092
Phone #: 817-329-3111
SURVEYOR:
Name: Area Surveying, Inc.
Attn.: Roger Hart
Address: 135 Sheffield Drive
Ft. Worth, Texas 76134
Phone #:817-293-5684
PLANNER:
Name: Sage Group Inc.
Attn.: Curtis Young
Address: 8445 Freeport Parkway
Irving Texas 75063
Phone #: 972-929-8443
ENGINEER:
Name: Duffy Hamilton Thomas, LLP.
Attn.: Keith Hamilton
Address: 601 Harwood Road
Hurst, Texas 76504
Phone #: 817-268-0408
SHEET 1of3
I
A!1 --TIN O KD ADDITION THE WERIDL,:*E APARTNFIJTD, F'HA_E 11
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APE MYRT E i
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5CREENING 5HRUB5 - INDIAN HAWTHOKNE Internal Circulation Area: 4'coNC.
SIDEWALK -
P, {,�4r',.- F_r
IFF� l -1
uzlrrlav
- ABELIA Fire Lanes and Striped Visitor Parking 1.16 ac. , - F .�
- NANPI NA (AiAAfDIP(/1 DOM�STICA) Sidewalks/Pool Areas 0.25 ac. F.Tc z
Lot Area (not including drives) 2.75 ac. I
4 Iks& I 096 1
Vicinity Map
CASE NAME: Townhomes of Westgate
CASE NUMBER:ZO6-12, P 0c-osooc
LOCATION: 2300 Westgate Plaza
Lots 1-39 & Lots A, 8 & C, Block 1
Townhomes of Westgate
MAYOR SECRETARY
DATE:
PLANNING AND ZONING COMMISSION
CHAIRMAN
i DATE:
SHEET: 2_ OF _3
APPROVAL DOES NOT AUTHORIZE ANY WORK
IN CONFLICT WITH ANY CODES OR
ORDINANCES.
DEPARTMENT OF DEVELOPMENT SERVICES
SI t t PLAN
CITY OF GRAPEVINE
APPROVED
SHEET 2 OF 3
APPROVAL DOES NOT AUTHORIZE ANY WORK
IN CONFLICT WITH ANY CODES OR
ORDINANCES.
DEPARTMENT OF DEVELOPMENT SERVICES
APPROVED BY
PLANNER
DATE
.11 nw.VE, , /I I Open Space (not Including sldewa poo area) ac.
,VEVIFNT
pen Space:
- I i i - Total Project Area 5.12
5.12 ac.
I
/I APPLICANT: PLANNER:
�� —� � Name: HAT CREEK DEVELOPMENT Name: Sage Group Inc.
r i`i Attn.: Kosse Maykus Attn.: Curtis Young
t SAGE GROUP, INC. Landscape Plan 39 Units
Master Planning
( landscape Architecture
12 OCT 06 (972) 929-8443 ..�/
0 40' 80' 160' _rV I V --k of I Y e6 V e
OWNER:
Name: Hwy. 114 Prospect, Ltd.
Attn.: David Cunningham
Address: 2172 Winding Creek
Grapevine, Texas 76051
Phone #:214-621-5501
Address: P.O. Box 92747 Address. 8445 Freeport Parkway
Southlake, Texas 76092 Irving Texas 75063
Phone #: 817-329-3111 Phone #: 972-929-8443
SURVEYOR:
Name: Area Surveying, Inc.
Attn.: Roger Hart
Address: 135 Sheffield Drive
Ft. Worth, Texas 76134
Phone #: 817-293-5684
ENGINEER:
Name: Duffy Hamilton Thomas, LLP.
Attn.: Keith Hamilton
Address: 601 Harwood Road
Hurst, Texas 76504
Phone #:817-268-0408
SHEET 2of3
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Master Planning
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Master Planning a
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12 OCT 06 4 (972) 929-8443
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