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HomeMy WebLinkAboutItem 01 - Z03-06 Meritage AdditionPs z t TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: ROGER NELSON, CITY MANAGE H.T. HARDY, DIRECTOR OF DEVfPMENT SERVICES'' MEETING DATE: SEPTEMBER 16, 2003 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE CHANGE APPLICATION Z03-06, MERITAGE ADDITION .1 r ---I 1 - —ii — Grapevine eine 00 'e APPLICANT: Kerry Cook 1 I 1 Ra. � I I I.H. 1635 Northwest PROPERTY LOCATION AND SIZE: :1.Inr.n The subject property is located at 1050 West Glade Road, Tract 2A3, Abst. 440. The site contains 3.2 DFW I HaSy,�so Airrport a acres. The property has approximately 205.3 feet of frontage along Glade Road. T----� o I L _I A m Glade Rd. `m I F� c REQUESTED ZONE CHANGE AND COMMENTS: The applicant is requesting to rezone a 3.2 -acre tract of land from "R-5.0". Zero Lot -Line District to "R-7.5". Single Family District for the purpose of developing single family homes. The applicant is requesting to rezone the site to "R-7.5", Single Family District for the development a single-family subdivision. This site was rezoned to "R-5.0", Zero Lot - Line District in January 2003. At that time, the applicant wished to have the flexibility with lot width that the "R-5.0" Zero Lot -Line District availed. Since then, the applicant has purchased the vacant property on the west side of the subject site. With the inclusion of this additional property, the applicant is able to develop the site as a standard "R-7.5" subdivision, and no longer needs to utilize the reduced lot width and front yard of the "R-5.0", Zero Lot -Line District. Several deed restrictions regarding density and the placement of the street were placed 0:/zcu/Z02-09.4 1 September 2, 2003 (11:06AM) on this lot with the previous two rezoning requests on this site. They will be vacated upon approval of this request. PRESENT ZONING AND USE: The property is currently zoned "R-5.0", Single Family District and is undeveloped. HISTORY OF TRACT AND SURROUNDING AREA: The subject property and the property to the west and east were zoned "C-2" Community Business District prior to the 1984 Citywide rezoning. These sites were rezoned to "CN", Neighborhood Commercial District at that time. In May 2001, the subject site was rezoned to "R-7.5" Single Family District with deed restrictions requiring the property owner to place the street on the western side of the property and provide the adjacent property owner access to the proposed street located between their properties (Case No. Z01-04, Ord No. 2001-38). The subject site was again rezoned to "R-5.0", Zero Lot -Line District in January 2003 (Case No. Z02-09, Ord. No. 03-06) and deed restricted to a maximum of six dwelling units per acre. The property to the west was rezoned from "CN" Neighborhood Commercial District to "R-7.5" Single Family District in May 2001 (Case Z01-07, Ord. No. 01-40). In March 1991, zoning case Z91- 01 (Ord. No. 91-24) was approved for the site to the east, changing the site zoning to "R-7.5" Single Family District. The property to the north of the subject site was zoned "R-7.5 prior to the 1984 rezoning and has retained that zoning since. It has been developed as the Glade Crossing subdivision. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: . "R-7.5", Single Family District — Glade Crossing SOUTH: City of Euless EAST: "R-7.5", Single Family District — Arbormont East WEST: "R-7.5", Single Family District — Vacant Single Family residence AIRPORT IMPACT: 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. MASTER PLAN APPLICATION: The Master Plan designates the subject property as Low Density Residential. The proposed zoning district does not comply with this designation. 01=202-09.4 2 September 2, 2003 (11:06AM) THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan designates Glade Road as a Type E Major Arterial with a minimum 80 -feet of right-of-way developed as four lanes with a median. /cj 0:/zcu/Z02-09.4 3 September 2, 2003 (10:38AM) 7 7 10 28 1 32 17 6 27 16 �. 6 11 O ARBOR — ._......�iRBpROq 15 14 V 2 1 , . 5 5 9� 12 26 Y R .... .,.,. 1 2 3 4 DR _ 4 25 6 4 13 7 8 02 0 3 24 9 10 1 2 12 3 Z 14 28 7 26 5 a 2 215 23 3 2 ` �j.. ...... _CL, 21 0 19 18 7 11 Q 1 1 16 22 _ -ALTACREST DR 21 20 9 8 17 ........... __.. 17 18 15 14 13 12 11 D 9 12 13 14 5 16 TR 2A 19 38 9 17 ,5 13 4 15 6 117 9 0 1 2 20 AC 118 10 18 21 TR 12 11 19 22 2A 3C 113 11 11 12 4 5 6 ^ 17 12 20 23 .50/` AC , 10 --1 13 21 24 10 7 6 5 4 Q 14 2225 TAR .AR 9 =`.DR 3A Ca 15 J 23 26 8 1 �[ 1 .50 7 6 5 4 3 2 1 16 24 27 AC tiRDO O G) W GLADE PQ 11 12 13 145 46 26 27LLJ 1 G1 1 2 3 4 5 6 7 8 9 10 25 28 45 15 9'' 2 (9 44 24 29 3 Ga -BLUEGRASS-LN BLUEGRASS RD . _.... 3W 16 2330 23 4 O cN 40 1 40 6 42 1 40 " 17 18 22 31 'D 2 0 5 J 1 39 39 �{ r 2 39 41 b 21 32 0 6 2 O 38 = 40 0 20 33 D 7 38 Z 3 38 -< 3 20 39 19 34 8 37 4 37 4 37 21 38 18 35 9 11 12 13 14 36 5 36 5 36 22 37 ' 17 36 10 35 6 35 6 35 36 `:. 16 37 Z03-06 Meritage Addition 3. 4. 5. 6. 7. 8. RECEIVED -203-0(o AUG 0 2003 ZONE CHANGE APPLICATION PLANNING F-CF.1VE Fl> G 2L3 Applicant/Agent Name �'- y Coo r- Company Name /`,�� w T E x -J> C d F - Lo P M E, -.1r PLANNING Address _ '�4 U O 13 C!k e. C-7- c E K rz City t�7 v A . S 5 _ State Zip Phone # V 17— & 9 3 - D l Fax # g 17 -- 57-71 - I P Applicant's interest in subject property Property owner(s) named E �- Address -:�;7A r -I e' City State Zip Phone # Fax # Address of subject property 10 0 0 G C.R R C- 'RI> Legal Description: Lot Block Addition Size of subject property I acres I ` j'� square foot Metes & Bounds must be described on 8'/2" x 11" sheet Present Zoning Classification P S - Present Use of Property Requested Zoning District 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 O:%ZCtMPP-ZN 2 5/99 www.d.gnpevine.tx.us application may be scheduled to a later date. PLANNING 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 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 signatu Cc O:\ZCU\APP-ZN 3 5/99 www.ci.grap"ne.bc.us The State of ��7r County of = 'FIVE : AUG 2003 PLANNIN Before me ql�! on this day personally appeared known to me (or proved to me on the oath of or throu(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 unq�f„� hand and seal of office this day of , A.D. T,q e y xo s ° Notary Sign ure i;/ •°• "q°rE 0 �AAeAAese�ype The State of County of Before me (mt��c�,� �/A�'�-� on this day personally appeared known to me (or proved to me on the oath of (descrip or through tion 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 4 day of _ i._ A A.D. �_.ga ♦e,,```1 T °a to •* s • .°STq TE Of S .� •' ••°O:Y �•• �;o ��l'lt�AltSl1 ACKNOWLEDGEMENT O:\ZCU\APP ZN 4 5/99 www.ci.grapevine Ax.us 0- Metes and Bounds COMMENCING at 1/2 inch iron rod set at the southwest 1, as recorded in Cabinet A, Slide 924, Abermont Estates, distance of 15.0' feet to the POINT OF BEGINNING; THENCE North 90 degrees 00 minutes 00 iron rod set, said point being aiso the tand as recorded in Volume 11474, Page Texas; FUIVED AUG 0 2003 PLANNU19 corner of Lot 8, Block thence S00*11'23'E a seconds West 205.28 feet to a 1/2 inch southwesterly point of a. 0,50 tract of 1148 Deed Records, Tarrant County, THENCE North 00 degrees 28 minutes 00 seconds West 679.00 line feet to a 112 inch of Lot 21, Block iron rod set, 1, Glade crossing said point being also a 1A & 1B addition as Point on the south recorded in in Volume 12963, Page 184 Deed Records, Tarrant County, Texas; THENCE South 89 degrees 33 minutes 00 seconds East along the said line a distance of 205,30 Feet to a 112 inch iron rod set; THENCE South 00 degrees 28 minutes 00 seconds East 677.39 POINT feet torehe POINTOF BEGINNING and containing 139215.36 sf. or99acres of (and 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 Z03-06 ON A TRACT OF LAND OUT OF THE J.R. DOSS SURVEY, ABSTRACT NO. 440, 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-5.0" ZERO LOT -LINE 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. WHEREAS, the property described in this Ordinance being a 3.19 acre tract of land out of the J.R. Doss Survey, Abstract No. 440, Tarrant County, Texas (1000 Glade Road) was zoned pursuant to Ordinance No. 2001-38, which ordinance was approved on the 15th day of May, 2001, and the City Council accepted proffered deed restrictions proposed by the owner, approved same in Section 1, attached the deed restrictions as Exhibit "B", ORD. NO. 2 executed and filed said deed restrictions in the Deed Records of Tarrant County, Texas, in Volume 15641-0455, page 1 — 10; and WHEREAS, the City Council re -zoned Subject Property pursuant to Ordinance No. 2003-06 approved January 21, 2003, which ordinance accepted and approved deed restrictions, Exhibit "B", which deed restrictions were executed, but not filed for record; and WHEREAS, with the passage of this ordinance, the City Council repeals, rescinds and cancels Ordinance No. 2001-38 and Ordinance 2003-06 and authorizes and directs the City Manager or his designee to execute the necessary document prepared by the City Attorney for filing in the Deed Records canceling, rescinding and terminating both sets of deed restrictions and to file said cancellation, rescission and termination in the Deed Records of Tarrant County, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters in the preamble are found to be true and correct and are incorporated into the body of this ordinance. Section 2. 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 Z03-06 to rezone the following described property to -wit: being a 3.19 acre tract of land out of the J.R. Doss Survey, Abstract No. 440, Tarrant County, Texas (1050 West Glade Road), more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "R-5.0" Zero Lot -Line 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 3. 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 4. 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 5. 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 ORD. NO. 3 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 6. 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 7. 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 8. 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 9. 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 September, 2003. ATTEST: ORD. NO. 4 LEGAL DESCRIPTION Akl}NNb a a w Ade Jqe pm Nie et ow aowheNA conn W NM I'"" �a(epnrry �kyed�,.�y av ew/ rL Unnl somw K iM/ oor4wFYl�op/�L'{�osk Roewe4, tAfNMiR, q, wN�dpvt c+tlao wowGw'fafto+'�Nt�ye.sN X ofNahaNrtr Ar Jfee NiaklNtpls aar 6w 7oo#I 0600r.* . ab"WIh "to $Wmw«A NorMrei aiw+ler aPNiel tlfM OAer YeOI AMO�WIMAok* K PYee x limp= mIrm h AI eAUIeA !! 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Slex not 204 171 6 to &826=2- 2 826 DT 6TORY (30 Fr.J "A" 8F. 123AW 8F: 066,634 AA (7ex.) 37,049 8F. fMXJ 173 6 0.47 CASE NUMBER CU03-3j WT4rIY MAP eWID m PROIF:CT DATA Current Zone: P -O Proposed use: Professional Office development Total rentable area: 55,655 sr. Total usable area: 50,130 sr. etr, '$ SITE PLAN n� so• >e• Notes the current zontnnqq on the propelrty Is 'PO' Professional 0 ce District end Is vacant. The Master Plan indicates this Property- as ' Low Intensity Commercial'. CONDITIONAL USE REQUEST CU¢D3-31 IS A REQUEST TO ESTASLISH A PLANNED OI`FiCE CENTER. CM NAI& 90iffii IMN VEVYARD CASE MEM CL0341 LOCAnmP Lae t ■a x I III am o MAYOR SEQt6TARY VA'M SIFT D I Op 3 APPROVAL DOES NOT AI7Ii MEM ANY won IN OM4% T WfM ANY OODES OR WAKI WW OF DUVELOneff MWam ISN fACAN R: TRE 100 YEAR FLOOD PLAIN ACCORDLCG TO NAP :10 4043000215 PANEL 215 F 595. WT® AUGUST 2, 1995 1 i --i rsite% \ I �Aa xs Jt1� � t VICINITY MAP OWNER i DEVELOPER KERRY COOK 200 REAR CREEK DRIVE /147 EUf.ES3, TX 76039 TEE • 8I7-883-0129 Q 0 9 W t7 The stet appe�i tki;by ER tMM�WK R1.P.S. J,6 DATE ERNEST HEDGCOTH CONSULTING ENGINEERS. INC. 5701—C NIDRAY ROAD FORT WORTH, TEXAS 76117 (817) 831-7711 Parar 5-ta-03 CONCEPT PLAN • The propxty is cuvently zoned -R-5.0" Zero Lot Line Diatrict • The requested caning is "R-7.5", Single Family District • The current laud use desibmation as contained in the Comprehensivc Master Plan is Low Density Residential • All requirements of Section 15, Single Family Dis r1ct shall be net • Please note on the site plan dwing the period of construction all the requirements of the Grap;vine Soil Erosion Control Ordinance slmll be met. • All public utilities shall be placed underground. RCcrIVE Alt", ,, h ?QO Pi AN' NI Z03 -o6 is to rezone a 3.ig acre tract of land From "R -5.o", Zero Lot Line District to 'R-7.5", Single Family District for the development of Single-family homes, located at i000 Glade Road CASE NUMBER: Z03-06 I LOCATION: 1000 Glade Road, Easlem 213 of the proposed Medtage WWon. MAYOR SECRETARY {{( DATE: PLANNING AND ZONING COMMISSION CHAIRMAN DATE: SHEET: OF APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR i ORDINANCES. i ��PARTMENT OF DEVELOPMENT SERVICES I MIRC SITE SepterriO@r' 2003