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HomeMy WebLinkAboutItem 03 - Z05-08 Marion and Sharron Spencercc irim fi z", it cf TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, ACTING CITY MANAGER H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES MEETING DATE: AUGUST 16, 2005 I SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE CHANGE APPLICATION Z05-08 _ �— �� Grapevine 1 Lake i Doge DI 1 i` APPLICANT: City of Grapevine PROPERTY LOCATION AND SIZE: The subject property is located at the northeast corner of Genesis Way and State Highway 121. The addition contains 12.49 acres and has approximately 1,350 feet of frontage along Genesis Way, 575 feet of frontage along Fellowship Way and 700 feet of frontage along State Highway 121. REQUESTED ZONE CHANGE AND COMMENTS: The applicant is requesting a zone change to rezone 12.49 acres from "PID" Planned Industrial Development District to "CC" Community Commercial District for future development. PRESENT ZONING AND USE: The property is currently zoned "PID" Planned Industrial Development District and is undeveloped. HISTORY OF TRACT AND SURROUNDING AREA: The subject and surrounding properties were zoned "I-1" Light Industrial District prior to the 1984 City Rezoning. 0:/ZCU/Z05-08.4 1 August 10, 2005 (10:42AM) SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "CC" Community Commercial District—Fellowship Church SOUTH: "CC" Community Commercial District and "BP" Business Park District -80 -room Fairfield Inn hotel and vacant property EAST: "CC" Community Commercial District—vacant property WEST: State Highway 121 and State Highway 26 intersection The subject property is located near the boundary of both "Zone B" Middle Zone of Effect and "Zone C" Zone of Greatest Effect as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" Map. In "Zone B" the following uses may be considered only if sound treatment is included in building design: multifamily apartments, motels, office buildings, movie theaters, restaurants, personal and business services. Single family residential and sound sensitive uses such as schools and churches should avoid this zone. Industrial and commercial uses that can tolerate high levels of sound exposure are appropriate in "Zone C." The applicant's proposal is an appropriate use in this noise zone. iIM11 9:4 tau W.11 ON VTAI W N I• The Master Plan designates the subject property as a Commercial land use. The applicant's proposal is in compliance with the Master Plan. /rs 0:/ZCU/Z05-08.4 2 August 8, 2005 (8:07AM) 2705 # BP 2260 % 30DO CC GOV C7, o's Of 30001.24-5 j4p 0 N:;� ., . " q Q7 4 C coo CO vso\ � OV 2250 4tp CPQRST.42A7 12. jM5 X -< 0 GRAPEY44 2215 )Did . . . . . . . . . . . . 2401 7- 12001 U96 GC 2501 0 1 inch equals 467 feet _.2100 -2 2000 i. O cc i 1955 Ec. T 11 zge -11 I zed - VSSv;� - . 2 2 Z05-08 City of Grapevine 3193 3193 CITY OF GRAPEVINE ZONE CHANGE APPLICATION 1. Applicant/Agent Name: BRUNO RUMBELOW, ACTING CITY MANAGER Company Name: CITY OF GRAPEVINE Address: P 0;,• 95104 GRAPEVINE, TX 76099 Phone: 817-410-3155 FAX 817-410-3018 2. Applicant's interest in subject property: 3. Property owner(s) name: MARION & SHARRON SPENCER Address: 3214 WINTERGREEN DR GRAPEVINE, TX 76051 Phone: 817-488-6168 FAX 817-488-6168 4. Address of subject property: STATE HIGHWAY 26 Legal Description: TRACT 2A, ABSTRACT 586 JAMES GIBSON SURVEY TRACT I B1, ABSTRACT 1415, HENRY SUGGS SURVEY Size of subject property 12.49 acres 544.064 square foot Metes & Bounds must be described on 8 Y2 "x 11" sheet 5. Present Zoning Classification: PID - PLANNED INDUSTRIAL DEVELOPMENT 6. Present Use of Property VACANT 7. Requested Zoning District CC — COMMUNITY COMMERCIAL 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 All Zone Change Requests 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. 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. 11. Signature to authorize a zone change request and place a zone change request sign on the subject property. Applicant signature: Property Owner (print): Property Owner signatu The State of _/e)CGS S County of U(C CX n Before me �uS� appeared �►Ui) c me on the oath of to be the person whose name acknowledged to me that he consideration therein expressed. ay personally u rn be IOLJ known to me or proved to or through (description of identity card or other document) is subscribed to the foregoing instrument and executed the same for the purposes and Given under my hand and A.D. _ daja4 Adle Notary Signature SEAL ,� N SATTF ✓s Cd r :00 :i + y i d .......... �w 06/23'' The State of leKO S County of r ro n f seal of office this c�t� day of WO _ Before me &7,Q n o . day personally appeared Mar+'onp�encer` own to me r 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. i\ Given and r my hand and seal of office this o� day of `Suzy , A.D. DOas . S EA`I= . JSp,N * srWE pfr .• �Gj f e • Egg •,. 4 `� Notary Signature Case Z05-08 AUG 15 2005 City of'Grapevine tzc& 80 0�- . WRITTEN COMMENTSMUST-BE RECEIVED BY THIS OFFICE NO LATER THAN 5 PM ON MONDAY, AUGUST 151.2005 As (a Property Owner within 200 feet of the subject tract) or (an interested citizen), I (approve) (protest) and/or (have the following comments) The Fort Worth District of the Texas Department of Transportation is conducting a major investment study for the SH 1141121 corridors- Preliminary design alternatives depict proposed right of wav aggLAsition will be rewired from the western boundary Of the property. The preliminary right of way taking extends from a distance of thern border to shown on the attached sketch. A preliminaLy layout describing the proposed improvements is available through our office. Print Name and Address, or Lot, Block and Subdivision: Curtis W. Hanan, P.E. . 2501 Southwest Loop 820, Fort Worth, Texas 76133 14 J (Phone No.) (817) 370-6535 Signature: Signature: &AZI 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 ,7, e, -0� 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 Z05-08 ON A TRACT OF LAND OUT OF THE JAMES GIBSON SURVEY, ABSTRACT NO. 586 AND THE HENRY SUGGS SURVEY, ABSTRACT NO. 1415, 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 "PID" PLANNED INDUSTRIAL DEVELOPMENT DISTRICT TO "CC" COMMUNITY COMMERCIAL 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: ORD. NO. 2 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 amended and changed by Zoning Application Z05-08 to rezone the following described property to -wit: being a 12.49 acre tract of land out of the James Gibson Survey, Abstract No. 586, and land out of the Henry Suggs Survey, Abstract 1415, Tarrant County, Texas (northeast corner of Genesis Way and State Highway 121), which was previously zoned "PID" Planned Industrial Development District is hereby changed to "CC" Community Commercial 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 ORD. NO. 3 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 16th day of August, 2005. ATTEST: ORD. NO. 4 I 1 inch equals 300 feet i