HomeMy WebLinkAboutItem 03 - Z04-04 James Green Family PartnershipTRz
TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS ND THE
PLANNING AND ZONING COMMISSION
FROM: ROGER NELSON, CITY MANAGER
H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES'
MEETING DATE: JULY 20, 2004
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE
CHANGE APPLICATION Z04-04
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5 APPLICANT: Andrew Seal
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PROPERTY LOCATION AND SIZE:
The subject property is located at 107 West Dallas
Road and contains approximately 0.57 acres with
156 feet of frontage along West Dallas Road.
REQUESTED ZONE CHANGE AND COMMENTS:
The applicant is requesting a zone change to rezone 0.57 acres from "PO" Professional
Office District to "CBD" Central Business District for proposed office/retail development
The subject property located at the southwest corner of West Dallas Road and South Main
Street is currently vacant but once contained a metal building that was demolished several
years ago: An approximate 50 -foot by 155 -foot tract located immediately adjacent to the
subject site to the west is State right-of-way for what was apparently the old alignment of
Main Street.
PRESENT ZONING AND USE:
The property is currently zoned "PO" Professional Office District and is undeveloped.
OAZCU204-04.4 1 July 14, 2004 (12:26PM)
The subject property and the properties to the north and the south were zoned "L -I" Limited
Industrial District prior to the 1984 City Rezoning. The properties to the east and west were
zoned "C-2" Community Business District prior to the 1984 City Rezoning. The property to
the north was later rezoned (Z98-24) from "LI" Light Industrial District to "CBD" Central
Business District. Several conditional uses have been granted for the property to the north
for a winery (CU99-19) and an artisan studio (CU98-58). A conditional use permit for a
restaurant with on -premise alcoholic beverage consumption was also approved for the
property to the north (CU01-65). The property to the east was rezoned at the June 17,
1997 meeting changing the zoning from "PO" Professional Office District to "HCO"
Hotel/Corporate Office District for Omni America Credit Union.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "CBD" Central Business District—retail shops, Mad Duck, DV8 Hair
Salon
SOUTH: "PO" Professional Office District—office development
EAST: "HCO" Hotel and Corporate Office District – Omni American Federal
Credit Union
WEST: "PO" Professional Office District—nonconforming single family
residences
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 Low Intensity Commercial land use.
The applicant's proposal is not in compliance with the Master Plan.
THOROUGHFARE PLAN APPLICATION:
The Thoroughfare Plan designates West Dallas Road at the subject location as a Type C
Minor Arterial with a minimum 80 -foot right-of-way developed as four lanes with a center
left turn lane.
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OAZCU204-04.4 2 July 14, 2004 (2:15PM)
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ZONE CHANGE APPLICATION
Applicant/Agent Name Andrew Seal
Company Name Michael R. Coker Company
Address 6350 LBJ Freeway Suite 158
City Dallas State Texas Zip 75240
Phone# (972) 726-6130 Fax# (972) 726-6142
2. Applicant's interest in subject property Representative
3. Property owner(s) name James D. Green Family Partnership, LTD
Address P.O. Box 639
City Sadler State Texas Zip 76264
Phone# (g72) 3i-5-g76g Fax# C-9-72) 385-9147
4. Address of subject property 107 Dallas Road West
Legal Description: Lot Block- Addition
Size of subject property 0.5685 acres 24,765.4022 square foot
Metes & Bounds must be described on 8 Y2 " x 11" sheet
5. Present Zoning Classification P-0 Professional Office
6. Present Use of Property Vacant
7. Requested Zoning District CBD central Business District
8. The applicant understands the master plan designation and the most restrictive zone that
would allow the proposed use is C -N Neighborhood Commercial
9. Minimum/Maximum District size for requested zoning 1,500 Square Feet
10. Describe the proposed use Two-story retail and office
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
0:1ZCU\APP-ZN 2 5/99
www.ci.grapevine.tx.us
6-04-2004 8:06AM FRCZ
JUN 0 7 2004
A
application may be scheduled to a later date.
P. 2
All public hearings will be opened and testimonygiven byapplicants 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
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:
Owner (print): ___ja
Owner signature:
0:\ZCU\APP-ZN 3 5/99
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The State of ! Z2L ZzLfS
'JUN 0 ? 2004
Before me ,,' 4,0/zzz /il &K� on this day personally appeared
Ste_ known to me (or proved to me on the oath of
or through A1_4)0&;cX-cP z (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 A. D.
-OO!4.
SEAL
PF ►►►►t:►►►►►►►►t►►►►.►es►►►►T:►r►►.r..
JUDITH M
my _io August 11, 2004
COWASSON ]'..
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The State of
County of
/, A
---:,Rotary 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 , A. D.
SEAL
Notary Signature
ACKNOWLEDGEMENT
0AZCWAPP-ZN 4 _ 5/99
www. ci. grapevine.tx. us
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 thin application have been met at
the time of submittal
Signature of Applicant
Date:
T
Signature of Owner,
V
Date:
Platting Verification
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Z04-04
James
PROPERTY DESCRIPTION
BEING a tot, tract, or parcel of land situated in the WTLLIAM DOOLEY SURVEY
Abstract No. 422, and the WILIJAMDOOLEYSUR VE); Abstract no. 601, in the City of
Grapevine, Tarrant County, Texas, being part of Parcels I (one) and 2 (two) conveyed to
JAMES D. GREEN by Deed Recorded in Volume 7217, Page 2020, Deed Records of
Tarrant County, Texas, and a part of the tract of land conveyed to JAMES D. GREEN by
Quit Clam Deed from the City of Grapevine recorded in Volume 7347, Page 922, Deed
Records of Tarrant County, Texas, and being more particularly described by metes and
bounds as follows;
BEGINMNG at a 112" iron rod set at the intersection of the South R.O.W. line of Dallas
Road (a 90 foot R. 0. W), and the present West Right of Way line of South Main Street
(State Highway SPUR 103, variable R. 0. W ), said part being the Northeast corner of the
following described tract of land,-
THENCE
and;
THENCE South I degrees 07 minutes 24 seconds East with said West R.O. W. line of
South Main Street, 160.32 feet to an 'x' set in concrete for corner, said point being in
the North line of The Stevens Addition as filed in Cabinet A, Slide 1182, Deed Records of
Tarrant County, Texas;
THENCE South 87 degrees 08 minutes 32 seconds West with the North line of said
Addtdon and the original South line of said Green Tracts passing the Southeast corner of
Parcel 2 at 21.06 feet, and passing the Southeast corner of Parcel 1 at 96.16 feet, and
continuing in all a distance of 156.16 feet to a 112 inch iron rod fotntd for corner, said
rod being the Northwest corner of said Stevens Addition and the original Southwest
corner of Parcel I of said Green Tracts and being in the West line of a tract of land
conveyed to Hugh J. Smith as described by deed recorded in Volume 2017, Page 33,
Deed Records of Tarrant County, Texas:
THENCE North 1 degrees 00 minutes 01 seconds West, with the West tine of said Green
Tracts and the East line of said Smith Tract, 15 7.3 7 feet to the South R.O.W. line of
Dallas Road, a 1/2 inch iron rod found for corner;
THENCE North 86 degrees 03 minutes 20 seconds East, with the South R.O.W. line of
Dallas Road, passing the East line of Parcel 1 at 60.0 feet and passing the East line of
Parcel 2 at 13.1.68 feet, and continuing in all a distance of 15.1.94 feet to the PLACE OF
BEGINNING and CONTAINING 0.5685 acres or 24765.4022 square feet of land
I SURVEYOR'S CERTIFICATE
The undersigned Registered Professional Surveyor (Doug Connally) hereby certifies
to '1
that, (a)this plat of su vey and the property description set forth hereon are true
and correct and werejprepared from an actual on -the -ground survey of the real
property tthe "Property") shown hereon; (b) such survey was conducted by the
Surveyor or under his supervision; (c) all monuments shown hereon actually exist
and the location, size and type of material thereof are correctly shown; (d)except
as shown, there are no encroachments onto the Property of protrusions therefrom,
there are no improvements on the Property, there are no visible discrepancies,
conflicts, shortages in area, or boundary line conflicts; (e) the size, location
and type of improvements are as shown hereon, and all are located within the
boundaries of the Property and set back from the Property lines the distance
indicated; (f) the distance from the nearest intersecting street or road is as
shown; tg) the Property has access to and from a public roadway; and (i) the
boundaries, dimensions and other details shown hereon are true and correct;
NOTE: This survey is baud upon
the information provided by the
client. No search of the tide record
was made by this office.
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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 Z04-04 ON A TRACT
OF LAND OUT OF THE WILLIAM DOOLEY SURVEY,
ABSTRACT NO. 422, 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 "PO" PROFESSIONAL OFFICE
DISTRICT REGULATIONS TO "CBD" CENTRAL BUSINESS
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 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
�;�`1„:�.as Appendix "D” of the City Code of Grapevine, Texas, be, and the same is hereby
amended and changed by Zoning Application Z04-04 to rezone the following described
property to -wit: being a 0.57 acre tract of land out of the William Dooley Survey, Abstract
No. 422, Tarrant County, Texas (107 West Dallas Road), which was previously zoned "PO"
Professional Office District Regulations is hereby changed to "CBD" Central Business
District, 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.
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
ORD. NO. 3
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 20th day of July, 2004.
FWIXSMr. Wl
15TIMMIM
I." M [-%I 001M 191 F.M. a I Lei
ORD. NO. 4