HomeMy WebLinkAboutItem 05 - Z04-07 The Madisonec nF-M erte_
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TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: ROGER NELSON, CITY MANAGER ��� P\Q-
H.T.
HARDY, DIRECTOR OF DEVELOPMENT SERVICESqwf-�
MEETING DATE: JULY 20, 2004
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF. ZONE
CHANGE APPLICATION Z04-07
APPLICANT: City of Grapevine
PROPERTY LOCATION AND SIZE:
The subject property is located at the northeast
corner of Midway Drive and Laguna Vista Court and
is platted as Lots 1-11, Block 1, Madison Court. The
property contains approximately 2.92 acres.
REQUESTED ZONE CHANGE AND COMMENTS:
The applicant is requesting a zone change to rezone 2.92 acres from "R-20" Single Family
District to "R-7.5" Single Family District for single family residential development.
This is a City initiated rezoning. A discrepancy between the Official Zoning Map and the
currently developing GIS -based zoning map reveals an error was made when the final plat
was approved July 15, 2003. The final plat was approved with lots developed under the
"R-7.5" Single Family District guidelines when in fact the property was zoned "R-20" Single
Family District. This rezoning will be consistent with the zoning/development that has
taken place in the general vicinity, most recently to the immediate south. To eliminate any
possibility of this type of error ever occurring again, the GIS -based zoning map has been
thoroughly reviewed for any other possible errors and a more thorough Staff review has
\\CHDN\VOL1\DATA\COMMDEV\ZCU\Z04-07.4.doc 07/12/04 1:20 PM
been initiated with multiple Staff members reviewing each request before a zone change
is processed as the City transitions from the antiquated mapping techniques used in the
past to the current, GIS -based mapping system.
PRESENT ZONING.AND USE:
The property is currently zoned "R-20" Single Family District and is under development with
construction of several single family homes.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject and surrounding 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 approved by Council on November 2, 1993 (Ord. 93-49). This
property received the "R-20" Single Family Designation upon annexation. Zone Change
Request Z01-01 was approved on February 20, 2001, changing the site zoning on the
property to the south from "R-20" Single Family District to "R-5.0" Zero Lot Line District with
deed restrictions requiring all on site development to comply with the regulations within the
"R-7.5" Single Family District. Zone Change request Z99-22 and Conditional Use Permit
C000-54 were approved at the November 7, 2000 meeting, changing the zoning on the
property to the east 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 (Ranch of Lonesome Dove). At the March 20,
2001 meeting a City initiated zone change was approved on the property to the immediate
south (Z01-03) changing the zoning from "R-5.0" Zero Lot Line District to "R-7.5" Single
Family District along with the elimination of the deed restrictions.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "GU" Governmental Use District—Meadowmere Park.
SOUTH: "R-7.5" Single Family District—ingle family development
EAST: "RA", Recreation/Amusement District — Ranch of Lonesome Dove
WEST: City of Southlake
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.
\\CHDN\VOL1\DATA\COMMDEV\ZCU\Z04-07.4.doc 07/12/04 1:20 PM
2
MASTER PLAN APPLICATION:
The Master Plan designates the subject property as a Low Density Residential land use.
The applicant's request is in compliance with the Master Plan.
Midway Drive and Laguna Vista Court are not designated thoroughfares as shown on the
City of Grapevine's Thoroughfare Plan..
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1\CHDN\VOL1\DATA\COMMDEV\ZCU\Z04-07.4.doc 07/12/04 1:20 PM
3
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CITY OF GRAPEVINE
ZONE CHANGE APPLICATION
Per .............
Applicant/Agent Name CJ
Company Name
Address S( iii ST.
N -Tx Ts&5 t
City State Zip
Phone # Fax #
Applicants interest in subject property
Property owner(s) name
Address
City
Phone #
- i C- /3 '9 -- A /-A '4
State Zip —
Fax #
4. Address of subject property
Legal Description: Lots, I -I I Block Addition -1 he Ma & 16 n
Size of subject property - , ,-,) `7 -i 4: r-, ��; acres square foot
Metes & Bounds must be described on 8 x 11" sheet
5. Present Zoning Classification
6. Present Use of Property
7. Requested Zoning District -S--f I' C A-
8. The applicant understands the master plan designation and the most restrictive zone that
would allow the proposed use is
9. Minimum/MaAmum District size for requested zoning
10. Describe the proposed use
0:7.CV%A"-ZN 2 6/99
www.c1.gr&pev1ne.U.us
All Zone Change Requests are assumed to be complete when riled and-wilFbe 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. x
AllP ublic hearings will be opened and testimony given by applicants and rested -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):
Owner signature:
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The State of
County of L2,M6,44
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Per. ............
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 /Z day of
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The State of��
County of
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Notary Signat re
Before me''YYl' on this day personally appeared
�iOAk;�j� ,L 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 / i day of A. D.
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Notary Signature
The State of -:)�
County of O� a-�
Before me q'6-t'� 401- LM.". 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.
NNA MICHEALE MILLER
018ry Public, State 01 Texas
My Commission Expires
NOVOMIDW 04, 2006
The State of
County of
M46
N C
otary 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
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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 Z04-07 ON A TRACT
OF LAND OUT OF THE J. DWIGHT SURVEY, ABSTRACT
NO. 455, 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
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 Z04-07 to rezone the following described
property to -wit: being a 2.92 acre tract of land out of the J. Dwight Survey, Abstract
No. 455, Tarrant County, Texas (Lots 1-11, Block 1, Madison Court), 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 20th day of July, 2004.
ATTEST:
ORD. NO. 4
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iENNIFpA 8. A.-:�}
TEXAS
'1VM F"�. pp.24•etlOC
PLANNING AND ZONING COMMISSION:
Data Approved: �06
Cw mm: � T QAti.L
GRAPEVINE CITY COUNCIL:
De. Approved:'5011A.I
Mtym: ��yyeIr
City Seemury: (1Mw,4d
SITE DATA
GROSS ACREAGE: 2.921 i
NET ACREAGE: 2.731
LOTS: I t !
ZONING: R-7.5
FINAL PLAT
LOTS 1-11, BLOCK 1
THE MADISON
ZONING: R-7.5
BEING 2.921 ACRES
INTIM
J. DWIGHT SURVEY, ABSTRACT NO. 455
w" Tm MTNE
CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS
AR.Y 2003
This Plat Piled in Cabinet !1-.SlideR LE_'_tK-rata - Nt