HomeMy WebLinkAboutItem 24 - Z01-04 McCombsTO:
FROM:
MEETING DATE:
SUBJECT:
------------
— Grapevine
Lake
00�e
HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
ROGER NELSON, CITY MANAGER6e/
H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES —
MAY 15, 2001
DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE
CHANGE APPLICATION Z01-04, McCOMBS
APPLICANT: Patrick McCombs
PROPERTY LOCATION AND SIZE:
The subject property is located at 1050 West Glade
Road, Tract 2A3, Abst. 440. The site contains 3.2
acres. The property has approximately 205.3 feet of
frontage along Glade Road.
REQUESTED ZONE CHANGE AND COMMENTS:
The applicant is requesting to rezone a 3.2 -acre tract of land from "CN". Neighborhood
Commercial District to "R-7.5". Single Family District for the purpose of developing single
family homes.
At the April 17, 2001 meeting, the Planning and Zoning Commission recommended and
the City Council approved tabling this case to the May 15 meeting to give the applicant an
opportunity to prepare deed restrictions requiring the property owner to provide adjacent
property owner access to the proposed street to be located between their properties. The
requested deed restrictions are attached and have been approved to form by the City
Attorney.
With a maximum allowable density of four dwelling units per acre, a total of twelve dwelling
units would be allowed on this site. The applicant has indicated that he is planning on
0:/zcu/Z01-04.4b 1 May 7, 2001 (3:03PM)
developing a total of eleven lots on this site.
PRESENT ZONING AND USE:
The property is currently zoned "CN", Neighborhood Commercial District and is
undeveloped.
S . • :?.Axel l . . . . • . ,
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 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: "CN", Neighborhood Commercial District — Vacant Single Family
House
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 complies with this designation.
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.
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0:/z0u/Z01-04.4b 2 May 1, 2001 (8:37AM)
RECEIVED
MAR G
PLANNING
CITY OF GRAPEVINE
ZONE CHANGE APPLICATION
1. Applicant/Agent Name.-r'12r 4S
Company Name
Address /�' S~ 66A1-,4Aj 1) e_.- .
Cityi5, 14ri State -rx Zip -762.k Z.
Phone # & 7 -q-36 .-D(.'7y Fax # Et 7- `f jd - f6 ((
2. Applicant's interest in subject property _t)A1 bf P- 0.41TZ CT- * Ry y
3. Property owner{s} nameA/
Address2b
City State 7 y, Zip b :t2-1,
c
Phone #,1110-62,-7- 3 5;� /y Fax # P!S62-- W12,7- 1
4. Address of subject property
Legal Description: Lot Block Addition
Size of subject property acres —L3 G, 357_,: square foot
Metes & Bounds must be described on 8 1/2'x 11" sheet
5. Present Zoning Classification C, At
6.. Present Use of Property VA CA trr
' 7. Requested Zoning District '7156 C'
8. The applicant understands the master plan designation and the most restrictive zone that
would allow the proposed use is , d
9. Minimum/Maximum District size for requested zoning &'75-
10. Describe the proposed use PAM r Gy i�vS�S
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RECE�v ED
P�ANNit4G
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.
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 signatu
owner (print): �J ATJIE-s +� '
Owner signature:
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The State of l 171�k4
'r It /Ato-At,y
BefQre me on this day personally appeared
known to me (or proved to me on the oath of
or through ` y. ri V. L' , (description
of i entity card or other do ment) 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.
RECE.I\JED
MAR z 6 2001
PLANNING
Given under my hand and seal of office this _,�z day of — , A. D.
SEAL
MELINDA DARNELL
NotaMyCommisre
slon Expires Dec. 3of ,2003
The State of c�22
County of
otary Signature
8 re me on this day personally appeared
known to me (or proved to me on the oath of
or through (description
of)entity card or they document o be the person whose name is subscribed to the foregoing
i trurnent 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-ov? .
1 day of , A. D.
*PYp DEBORAH R. B �C.l�"�2�" V4
NOTARY FUB BCR
�' STATF of Notary Signature
My Commission Expires 04-05-2004
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ACKNOWLEDGEMENT
FA
RECEIVED
MAP
PLANNING
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. Rased 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.
1 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.
W
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Signature of Applicant
Date.
Signature of Owner
Date: -
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Being a tract of land in the J.R. Doss Survey, Abst. No. 440, Grapevine, Tarrant
County, Texas, and more particularly described by metes and bounds as follows:
BEGINNING at an iron pin, 373 varas West and 9 varas North of the Southeast
corner of the J.R. Doss Survey, said iron being in the North line of a County
Road and the Southeast corner of tract being described;
THENCE West, 205.3 feet to an iron pin, the Southeast corner of a one -acre
tract;
THENCE with the East line of said one -acre tract, North 00 degrees -28 minutes,
West, 679.00 feet to an iron pin;
THENCE South 89 degrees -33 minutes East, 205.3 -feet to an iron pin;
THENCE South 00degrees-28 minutes East, 677.6 -feet to the PLACE OF
BEGINNING and containing approximately 3.20 acres of land, more or less.
C
C
PATRICK MCCOMBS BLUDER
F.O. BOX 707
ROANOKP_ TEXAS 76262
nomc 1171430-0679
RECEIVED
APR 2001
April 4, 2_001 FLANNIIVG
Development Services
City of Grapevine
Attn: Ms Cindy Jackson
Re: Request for YezOmimg
Ms. Jackson,
I presently have the 3.2 acres at 1050 West Glade Road
under contract to purchase subject to changing the
zoning from Ch1 to R-7500- I would propose to put
one street with a cul-de-sac in with 11 lots.
proposedclosed is a plat of the new subdivision.
Patrick McCombs
Builder
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RECEIVED
APp 0 4 2
001
PLA /V/ViNC
DECLARATION OF COVENANT
AND
DEED RESTRICTIONS
THE STATE OF TEXAS
COUNTY OF TARRANT
Know all men by these presents James Keen ("DECLARANT") is owner in
fee simple of certain real property consisting of approximately 3.2 acres located
entirely in the City of Grapevine (the "CITY"), in Tarrant County, Texas. Being
more particularly described on Exhibit "A" attached hereto and incorporated
herein for all purposes (the "PROPERTY" or the "ADDITION").
Declarant hereby covenants and agrees that Declarant, and its
Successors and Assigns, shall develop the property, with the following deed
restrictions, to wit:
(1) Declarant agrees to construct a new roadway to City of Grapevine
specifications in accordance with the Thoroughfare Plan of the City of
Grapevine along the west boundary of property at 1050 East Glade Road.
Declarant agrees not to construct any barrier along the west boundary of said
property that would preclude access from the west at any point along said
boundary.
Upon a written request being submitted by the Declarant to the City's
Director of Development Services, the City of Grapevine agrees to confirm in
writing whether the property has been developed in compliance with the above
stated restrictions.
These restrictions shall not be altered, amended or terminated without a
public hearing before the City Planning and Zoning Commission and the City
Council of the City of Grapevine. Notice of such public hearings shall be given
as would be required by law for a zoning change on the property. The City
Manager or Designee, through authorization by majority vote of City Council of
the City of Grapevine, Texas and James Keen, Successors or Assigns, must sign
the document filed in the Deed of Records of Tarrant County, Texas, approving
the amendment or termination of this Declaration of Covenant and Deed
Restrictions.
These restrictions contained herein are not in any manner intended to
restrict the right of City Council of the City of Grapevine to exercise its legislative
duties and powers insofar as zoning of property is concerned, nor are they
intended to restrict the right of the Declarant to additional restrictions on the
0:/zcu/Z01 -04 -deed res
Apr -24-01 02:28P Development Services 817 410 3018 P.03
property as long as the additional restrictions do not contradict this Declaration of
Covenant and Deed Restrictions. These Covenants are perpetual unless
canceled or modified by mutual agreement of the parties.
These restrictions inure to benefit the City of Grapevine, and the City of
Grapevine does hereby reserve the right to prosecute, at law and equity, against
the person violating or attempting to violate such restrictions, either to prevent
him from so doing or to correct such violation and for further remedy, the City of
Grapevine may withhold the certificate of occupancy necessary for the lawful use
of the property until such restrictions described herein are fully complied with.
These restrictions are hereby declared covenants running with the land
and shall be fully binding upon all persons acquiring property within the tract
described in Exhibit "A", and any person by acceptance of the title to any of the
property shall thereby agree and covenant to abide by and fully perform the
foregoing restrictions and covenants.
EXECUTED on this the 15th day of May, 2001
C, ��Imrs e'CEAl
STATE OF TEXAS
COUNTY OF TARRANT ,A
his instrument was acknowledged before me on the day of
2001, by �YKeen.
BRANDI JO MEADOR Notary Public Signature
NOTARY PUBLIC
STATE OF TEXAS
My Commission Expires 12-11 2001
EXECUTED on this the, day of� .2001
The City of e=rp ,, Texas
Chi
Roger Nelson, City Manager
rl 0:hcWz01-04.aeedres
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on the day of
2001, by Roger Nelson, City Manager for the City of Grapevine.
SEAL
Notary Public Signature
0:/zcu201 -04.deedres
Z'�C-t4
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 Z01-04 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 "CN" NEIGHBORHOOD COMMERCIAL
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:
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 Z01-04 to rezone the following described
property to -wit: being a 3.2 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 "CN" Neighborhood Commercial 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, provided that said property shall be governed by the
Deed Restrictions in "Exhibit B", attached hereto and made a part hereof.
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.
ORD. NO. 3
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
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 15th day of May, 2001.
ITJW W
ATTEST:
ORD. NO. 4