HomeMy WebLinkAboutItem 03 - Z12-08 Office Retail Center ITEM # 31�.r
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TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: SCOTTOWILLIAMS, DEVELOP S eVICES DIRECTO
MEETING DATE: AUGUST 21, 2012
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE
CHANGE REQUEST Z12-08 OFFICE RETAIL CENTER
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— Grapevine yr� APPLICANT: Julia Tijerina
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,- LKW35 PROPERTY LOCATION AND SIZE:
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� property is located at 736 East
Northwest Highway and platted as Lot 1, Block 1,
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Western Sizzlin Steakhouse Addition. The addition
LHall-Johnson Airport a i contains 0.91 acres and has approximately 132 feet
of frontage along East Northwest Highway and East
-W - Wall Street.
Glade Rd. I _I
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REQUESTED ZONE CHANGE AND COMMENTS:
The applicant is requesting a zone change to rezone 39.580 square feet(0.91 acres)from
"GU"Governmental Use District to"HC"Highway Commercial District for the development
of an office building and a retail building.
The applicant proposes to rezone the subject lot, and construct two buildings: a 4,800
square foot office building and a 4,999 square foot retail building. A proposed secondary
access onto West Wall Street will be gated and accessed for emergency purposes only.
PRESENT ZONING AND USE:
The property is currently zoned "GU"Governmental Use District and is undeveloped. Prior
uses on the subject site included GCISD Vista Campus,Western Sizzlin Steakhouse and
Texas Children's Academy Day Care.
0:IZCUIZI2-08.4 August 14,2012(8:01AM)
HISTORY OF TRACT AND SURROUNDING AREA:
The subject site, the property to the north and the adjacent property were zoned "C-2"
Community Business District prior to the 1984 City Rezoning when the subject site and the
adjacent property went from "C-2" Community Business District to "HC" Highway
Commercial District. The property to the north went from "C-2" Community Business
District to "CC" Community Commercial District. To the south the D.E. Box Addition went
from "R-1" Single Family Dwelling District to "R-12.5" Single Family District.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "CC" Community Commercial District— Undeveloped
SOUTH: "R-7.5" Single Family District— D.E. Box Addition
EAST: "HC" Highway Commercial District — Antique/Art Shop and non-
conforming developed residential lot
WEST: "HC" Highway Commercial District—Airport Jewelry-Loan and -
conforming undeveloped residential lot
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 Governmental Use. The applicant's
request is not in compliance with the Master Plan.
THOROUGHFARE PLAN APPLICATION:
The Thoroughfare Plan designates East Northwest Highway a Type C, Minor Arterial
requiring 80 feet of right-of-way developed as four lanes with a turn lane. Wall Street is
designated a Type E, Collector requiring 65 feet of right-of-way developed as four lanes
with 11 feet of travel lane width.
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APEVINE
' ZONE CHANGE APPLICATION
PART 1.APPLICANT INFORMATION
Applicant Name: Julia M.Tijerina
Applicant Address: P.O.Box 940093
City/State/Zip Plano,TX 75094-0093
Phone No. 972-689-6955 Fax No. 817-416-7478
Email Address Mobile Phone (972)689-6955
Applicant's interest 1n subject property I E L t N T
PART 2. PROPERTY INFORMATION
Street Address of subject property '� (�G �� � 14 uj y C�,4y c,( CVGpZfQ AY-,C.....m....
Legal Description: Lot Block F! Addition w e5t--e, n �J zz c �p�� �,�d17 se A ddl ,,
Legal description of subject property(metes& bounds must be described on 8 112"x 11"sheet
Size of subject property: acres F.qp 8 square footage 3 Lv Ll So {
1
Present zoning classification F G u Requested zoning district -�
Present use of property V licGn+ 10+-
Proposed use of property lip,+., I i orr, Sh oprl , Ceic- 1,
The applicant understands the master plan designation and the most restrictive zone that
would allow the proposed use is G a X-J C i A L-
Minimum/Maximum District size for requested zoning 04 ( ]ii Bap 54. `—r V14 A q,
PART 3. PROPERTY OWNER INFORMATION
Property Owner VvGpc V�nG— Co l lcy v I nOCper-den+ Sckoc l D f.5- )'c+
Prop Owner Address 1365 1 IVO E W occj S f)1 e-
CitylState0p f . .
���eUlr►e , T X �- C� oS i
Phone No. F 8 i=i)c S i — s,5 a Fax No. 8 ►Z 1 L% q-
Lt All Zone Chage Requests are assumed to be completed when filed and will be placed on the agenda for public hearing at the descretion of the staff.
Based on the size of the agenda,your application may be scheduled to a later date.
U AM public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the next public
hearing. Public hearings will not be tabled.
❑ Any changes to a concept plan approved with a zone change request can only be approved by city council through the public hearing process.
❑ 1 have read and understand all the requirements as set forth by the application for zone change request and acknowledge that all requirements of
this application have been met at the time of submittal.
PART 4.SIGNATURE TO AUTHORIZE A ZONE CHANGE REQUEST AND PLACE A ZONE CHANGE REQUEST SIGN ON
THE SUBJECT PROPERTY
Julia M.Tijerinau
Print Applicant's Name Applicant's i ature
The State of T-*G S
County of —1 V 0 rX+
Before me(notary) k-1L)1 NAGA on this day personally appeared(applicant) �t3�i c� Nl T'��� ►r`Cr
known to me(or proved to me on the oath of card or other document)to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed.
(Seal)Given under my hand and seal of office this day of ,A.D.
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JULIO AGUINAGA
°.' = Notary Public,State of Texes r �j
MV Mrnission EAxpiires
lµ5,��r oClQber 14, 2013
- No gr'State of
6r ape u .,e –Cali cyvo(-,f I S p dr
Print Property Owner's Name rope rty wner's ignature
The State of
County of
Before me(notary) V.. .,. , t k�, on this day personally appeared (applicant) p� (Z
known to me(or proved to me on the oath of card or other document)to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed.
(Seal)Given under my Band and seal of office this t 3 aCQ., day of ,,,� A.D. o ►Z
9 �0.
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Notary In and For State of "� �
AC.iVO VY ,t=DGEMEN't'
All Zone Change Request are assumed to be complete when tiled and will be placed on the agenda
for public hearing at the discretion of the staff. Based on the size of the agenda, your application
may be scheduled to a later date.
All public hearings will be opened and testimony given by applicants and interested citizenry. Public
hearings may be continued to the next public hearing. Public hearings will not be tabled
Any changes to a concept plan approved with a zone change request can only be approved by city
council through the public hearing process.
I have read and understand all of the requirements as set forth by the application for zone change
request and acknowledge that all requirements of this application have been met at the time of
submittal.
Signature of Applicant
Date o c 1 a QL
Signature of Property Owner
e
Date
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PROPERTY DESCRIPTION
LOT 1,BLOCK 1,WESTERN SIZZLIN' STEAKHOUSE
736 E.NORTHWEST HIGHWAY, GRAPEVINE,TEXAS
BEING all of Lot 1,Bloch 1, WESTERN SIZZLIN'STEAKHOUSE,
an addition to the City of Grapevine,Tarrant County,Texas according to
the plat recorded in Volume 388-178,Page 91 of the Plat Records of
Tarrant County,Texas, conveyed to the Grapevine-Colleyville I.S.D. by the
deed recorded under Instrument No. D 196184949 of the Deed Records of
Tarrant County,Texas(DRTCT)and being more particularly described-by
metes and bounds as follows:
BEGINNING at a 518" iron rod set in the south line of E.Northwest Highway
(S.H. 114 Business),
i
THENCE S 00°22'05" E a distance of 300.06 feet to an"X" cut
set concrete in the north line of of Wall Street,
THENCE S 89 043'19"W, along said north line, a distance of 131.97
feet to a 5/8"iron rod set at the southeast corner of a tract of land deeded
to Bert F. Elsey,Jr.under Instrument No. D207192143,DRTCT said point
also being the southwest comer of subject property;
THENCE N 00°21'45" W,departing said north line, a distance of 299.86
feet to a 112"iron rod found in said south line of Northwest Highway, said
point-being the northeast comer of a tract of land deeded to Debbie S. U
Dorasil under Instrument No. D208454506,DRTCT and the northwest
corner of subject property; u
THENCE N 89 038'15" E,along said south line, a distance of 131.94 feet
to the Point of Beginning and containing 39,580 square feet or
0.908 acres of land.
W
PAPhiMestern sizzlinWetes&Bounds.doc
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 Z12-08 ON ATRACT
OF LAND OUT OF THE ARCHIBALD F. LEONARD SURVEY,
ABSTRACT NO. 946, DESCRIBED AS BEING A TRACT OF
LAND LYING AND BEING SITUATED IN THE CITY OF
GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY
AND COMPLETELY DESCRIBED IN THE BODY OF THIS
ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID
PROPERTY FROM "GU" GOVERNMENTAL USE DISTRICT
TO "HC" HIGHWAY COMMERCIAL DISTRICT;
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 otherthingsthe characterof
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 forthe 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
as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby
ORD. NO. 2
amended and changed by Zoning Application Z12-08 to rezone the following described
property to-wit: being a 0.908 acre tract of land out of the Archibald F. Leonard Survey,
Abstract No. 946, Tarrant County, Texas (736 East Northwest Highway/Lot 1, Block 1,
Western Sizzlin Steakhouse Addition) more fully and completely described in Exhibit "A",
attached hereto and made a part hereof,which was previously zoned "GU" Governmental
Use District is hereby changed to"HC" Highway Commercial District,all in accordance with
Comprehensive Zoning Ordinance No. 82-73, as amended.
Section 2. That the City Manager is hereby directed to correct the official zoning
map of the City of Grapevine, Texas to reflect the herein change in zoning.
Section 3. That in all other respects, the use of the tract or tracts of land herein
above described shall be subject to all the applicable regulations contained in said City of
Grapevine zoning ordinances and all other applicable and pertinent ordinances of the City
of Grapevine, Texas.
Section 4. That the zoning regulations and districts as herein established have
been made in accordance with the comprehensive plan for the purpose of promoting
health, safety, morals and the general welfare of the community. They have been
designed with respect to both present conditions and the conditions reasonably anticipated
to exist in the foreseeable future,to lessen congestion in the streets;to secure safety from
fire, panic, flood and other dangers; provide adequate light and air; to prevent
overcrowding of land, to avoid undue concentration of population; facilitate the adequate
provisions of transportation,water, sewerage, drainage and surface water, parks and other
public requirements,and to make adequate provisions 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 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 e 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.
ORD. NO. � m, 3
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 21st day of August, 2012.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 4