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HomeMy WebLinkAboutItem 02 - Z05-07 B&G AdditionCC, ITEM#�- TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, ACTING CITY MANAGER 6 IL H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES'lrA�� MEETING DATE SUBJECT IF, _1 I r-------------� ��— Grapevine r Lake I I I AUGUST 16, 2005 DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE CHANGE APPLICATION Z05-07 I I I I I I I. H. I Sy DFW o Halt -Johnson �s Airprt L 0 0- , I T----� o Glade Rd. �, I H c O APPLICANT: Dino Idoski PROPERTY LOCATION AND SIZE: The subject property is located east of the northeast corner of South Gravel Road and Lonesome Dove Road and is proposed to be platted as Lots 1 through 3, Block 1, B & G Addition. The addition contains approximately .72 acres and has 225 feet of frontage along South Gravel Road. REQUESTED ZONE CHANGE AND COMMENTS: The applicant is requesting a zone change to rezone .72 acres from "R-20" Single Family District to "R-7.5" Single Family District for future residential development. With this request the applicant simply proposes to rezone and subdivide the subject property into three residential lots comprising some 10,455 square feet for each lot. PRESENT ZONING AND USE: The property is currently zoned "R-20" Single Family District and undeveloped. HISTORY OF TRACT AND SURROUNDING AREA: The subject property was annexed into the City of Grapevine as part of an approximate 300 acre annexation from the City of Southlake and the Corps of Engineers which was 0:/ZCU/Z05-07.4 1 August 10, 2005 (10:40AM) approved by Council on November 2, 1993 (Ord. 93-49). This property received the "R-20" Single Family Designation upon annexation. Most of the property in the general vicinity is unplatted and vacant with some single-family homes, Lonesome Dove Ranch, and several new single family subdivisions developed over the last few years. A zone change (Z01-01) was approved at the February 20, 2001 meeting, changing the zoning on property to the east to "R-5.0" Zero Lot Line District with deed restrictions requiring all on site development to comply with the regulations of "R-7.5" Single Family District. One month later at the March 20, 2001 meeting the same property (Lakeview Estates) was again rezoned (Z01- 03) from "R-5.0" Zero Lot Line District to "R-7.5" Single Family District. Further to the east of the subject property a zone change (Z99-22) and a conditional use permit (CU00-54) were approved at the November 7, 2000 meeting changing the zoning on the property from "R-20" Single Family District to "RA" Recreation/Amusement District along with a conditional use permit for on -premise consumption of alcoholic beverages (beer, wine and mixed drinks) in conjunction with the operation of an existing recreation/amusement based business (Lonesome Dove Ranch). SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "R-20" Single Family D istrict—un platted single family property SOUTH: "R-20" Single Family District—unplatted single family property EAST: "R-20" Single Family District—unplatted single family property WEST: "R-20" Single Family District—unplatted single family property The subject tract is not located within any of the noise zones as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. 70 TTIT.. . � , 111 Q0 The Master Plan designates the subject property as a Low Density Residential land use. The applicant's proposal is in compliance with the Master Plan. /rs 0:/ZCU/Z05-07.4 2 August 10, 2005 (10:40AM) POWDER RIVER TRL POWDER RIVER TR 30 2 9 10 TR 18 31 1.043£1 12 11 32 TR i F R-20 N� TRS 33 1.849 AC LO 9 34 �� 5 fW(� 1 D T*R Et 4 0 12 11 v 35 TR 188 TR 1139 NI V'y - 1.412( - - — 7 3� l 3407 3405 3532 3520 3520 4 �8 �2 3508 / — ". I) 35oa "� �- -� / 3500 _ 1 R IC2 TR CIA R-7:5 3513 � � 1.±@ I 84 1.3 @ 3501 3� e2aoe ®® ® r / u TR ICI 3500 /Tt�36 3 1� ® .37 � 1.05 AC m T487 TR TR BSA 1 8 law .33 @ i A6 tQt 3 87@A �pN el @}9e KJEE �.a9 ��r 37 TR 1T �P115 39 09349 2 oSi �oj40036 :TS _ TR TR 13 �1gfj 1 B� 51i �B 1$5 1435R 12 OC 34 TR TR TR TR TR TR I B5M / Owl 186 { I B5 I B5 1 B 5 .5 ACLM i/ rid AV 33 TR -- — 30 �� 1 ITR 1B4G TR R TR R _ B 1B 1 .3M 46L' 4C 29 1 � I TR 1BI 31 32 n 4C 28 R-20 TR 184E TR 1B4H TR 1B4A TRI W 3 t 1� 1 1591 2.5: oN�so IN�Rc � 1 0\5 60N 1 R2 , 8p' P` 3.272 @ 1.04�9I 2q1 TR 1132----� 2.8�' TR 1 1112 TR 1 B2 X451 TR 181 TR 181 9 AC 2.35 AC I IF 1 inch equals 200 feet Z05-07 B & G Addition FFUN zad CITY OF INE ZONE CHANGE APPLICATION 1. Applicant/Agent Name Company Name Address City— State Zip Phone #'9 17 2,L1 0 j 0 0 Fax # 17 1 0 a F 2. Applicant's interest in subject property 'a!aA/(' C(e-A)G,157 of. -:f C911 es, -7- 3. Property owner(s) name Z -cf— Address City State X - Zip Phone# 9(7 ..764; '77 q Fax# 917 4. Address of subject property 5eVT� 61--ellLz -c'l-ectit, 1 Legal Description: Lot Block Addition 10A1ZA— Size of subject property acres square foot Metes & Bounds must be described on 8'/ " x 11" sheet 5. Present Zoning Classification 6. Present Use of Property 7 7. Requested Zoning District 8. The applicant understands the master plan designation and the most restrictive zone that would allow the proposed use is 9. Minimum/Maximum District size for requested zoning 10. Describe the proposed use 0:%ZCU%APP-ZN 2 6/99 WWWA.9repavine.u.us RECEIVED ■ tabled.All Zone Change Requests are assumed to be complete when fil, d a ce on the agenda forpublic hearing at the discretion of the staff. Based on the s en a,your application may be scheduled to a later date. Public hearings may be continued to the next public hearing. Public hearings will not be 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. 11. Signature to authorize a zone change request and place a zone change request sign on the subject property. Applicant (print): Applicant signature: 0 Owner (print): „ rho vim. Owner signature: O:VCUWPP-ZN 3 6/99 www.ol.grVevine.bc.as JUN 2 1 2005 The State of "t County of Before me-iC— on this day personally appeared known to me {or proved to me on the oath of or through (description of identity 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. Given under my hand and seal of office this r day of A. D. SEAL TRACI D. WILKINSON Notary Public STATE OFTEXAS OF My Comm. Exp, C%4125/2 The State of County of 71 �wl 11 1 �-Ii (7:%;'N66ry Signature Before me - on this day personally appeared known to me (or proved to me on the oath of or through (description of identity 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. Given under my hand and seal of office this day of I A. D. SEAL Notary Signature 0:%ZCtAAPP-ZN 4 WWW-C1-9r#V6V1"8-tX-U4 6/99 All Zone Change Request 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 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 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 r the time of submittal. Signature of Applicant Date: Signature of Owner Date: �' s M o:%ZCu1APP-ZN 5 6/99 W WW.ci.grapevin0Ax.us OWNERS CERTIFICATE STATE OF TEXAS COUNTY OF TARRANT WHEREAS, B & G Properties is the owner of a 0.720 acre tract of land in the L. Lincoln Survey, Abstract No. 981 situated in the City of Grapevine, Tarrant County, Texas and being a portion of those certain tracts of land as described in deed to Scott Timothy Knearem as recorded in Volume 15031, Page 231 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: BEGINNING at a 1/2" iron rod found with a "TQ Burks #5509" cap and saidpoint being in the north right-of-way line of South Gravel Circle (50' R.O.W.) and being by deed call the southwest comer of said Knearem tract and also being by deed call the southeast comer of that certain tract of land as described in deed to Shirley Russel as recorded in Volume 13673, Page 466 D.R.T.C.T.; THENCE N 89° 54' 00"W along said north right-of-way a distance of 225.00 feet to a 12" iron rod set with a "TQ Burks #5509" cap and said pant being by deed call the southwest comer of that certain tract of land as described in deed to Shirley Russel as recorded in Volume 13969, Page 169 D.R.T.C.T. and also being by deed call the southeast comer of that certain tract of land as described in deed to David . Walsh, Sr. as rcorded in Volume 1398, Page 599 D.R.T.C.T.; THENCE N 000 05 00" E along the east line of said Walsh tract a distance of 139.40 feet to a,1/2" iron rod set with a "TQ Burks #5509" cap and said point being in the south line of that certain tract of land as described in deed to Bobby Beard, etux Patsy Ruth Beard as recorded in Volume 8205, Page 346 D.R.T.C.T.; THENCE S 890 54' 00" E along the south line of said Beard tract a distance of 225.00 feet to a 12" iron rod found with a "TQ Burks #5509" cap and said point being by plat call in the south line of Lot 3, Block 1 Lake Park an addition to the -City of Grapevine as recorded in Cabinet A, Slide 3688 of the Plat Records of Tarrant County, Texas and also by plat call being the northwest corner of Lot 1, Block 1 Knearem Addition, an addition to the City of Grapevine, Tarrant County, Texas as recorded in Cabinet ?, Slide ???? P.R.T.C.T; THENCE S 00° 05 00" E along west line of said Lot 1 a distance of 139.40 feet to the Point of Beginning and containing in all 31365 square feet or 0.720 acres of land. Case #: Z05-07 B & G ADDITION WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN.5 PM ON MONDAY, AUGUST 15, 2005 Procedure to Respond: AUG 0 9 2005 Per ..... ... —, As (a Property Owner within 200 feet of the subject tract) or (an interested citizen), I (approve) (protest) and/or (have the following comments) 4-op"POYI-1 Print Name and Address, or Lot, Block and Subdivision: Signature: 11 Telephone: (817) 410-3155 Fax: (817) 410-3018 Direct questions and mail responses to: Planning Secretary Department of Development Servi Case #: Z05-07 "e - B & G ADDITION AUG 0 9 2005 Per ......... — WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 PM ON MONDAY, AUGUST 15, 2005 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) Print Name and Address, or Lot, Block and Subdivision: P U/) 0 X'14- I Y UIV-a- 135s ..S' 5 fffYS ff'fifIVEZ TX :Zet-F.Z-3:Zot Signature:.... X (Phone No.)�/7- V -3 1 7 Telephone: (817) 410-3155 Fax: (817) 410-3018 Direct questions and mail responses to: Planning Secretary Department of Development Servi 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 Z05-07 ON A TRACT OF LAND OUT OF THE L. LINCOLN SURVEY, ABSTRACT NO. 981, 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 "R-20" SINGLE FAMILY DISTRICT REGULATIONS TO "R-7.5" SINGLE FAMILY 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 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 Z05-07 to rezone the following described property to -wit: being a 0.72 acre tract of land out of the L. Lincoln Survey, Abstract No. 981, Tarrant County, (Lots 1-3, Block 1, B & G Addition), more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "R-20" Single Family District Regulations is hereby changed to "R-7.5" Single Family 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 16th day of August, 2005. ATTEST: APPROVED AS TO FORM: ORD. NO. 4