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Home My WebLink AboutItem 01 - Z02-08 Brown ChiropracticIft C& ITEM 0 t, Z 3 P; z # ( TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: ROGER NELSON, CITY MANAGERA,/ H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES fir` MEETING DATE: NOVEMBER 19, 2002 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE CHANGE APPLICATION Z02-08 I, I I I I Grapevine 5? Lake APPLICANT: Merve Croston Oo t v I I I.H.Is9s Northwest PROPERTY LOCATION AND SIZE: I The subject property is located at 744 Ball Street and I Sy DFW Y I is platted as Lot 1, Block 1, Grapevine Kawasaki Hall-Johnson�s "ISP°r' Addition. The property contains approximately 1.118 _ a t---- o acres (48,700 square feet) and has 48 feet of - - d frontage along Ball Street and 805 feet of frontage Glade Rd. `w I along Ira E. Woods Avenue. REQUESTED ZONE CHANGE AND COMMENTS: The applicant is requesting a zone change to rezone 1.118 acres from "LI" Light Industrial District to "CC" Community Commercial District for proposed office development Due to the relatively narrow width of this lot variances will be requested. Previous variances were granted on this site in 1994 however, those variances were based on zoning for the "LI" Light Industrial District—they are now invalid with a rezoning to the "CC" Community Commercial District. The applicant will request a variance of 33 -feet to the lot width requirement of 120 -feet as mandated in the "CC" Community Commercial District. The applicant will also be seeking variances to the side -yard setback requirement for two of the proposed buildings located on the site and a variances to the landscaping setback for parking areas along the property line to the north and the Ira E. Woods right-of-way to the south. This variance request will be heard at the December 2, 2002 Board of Zoning Adjustment meeting. Therefore, this will be a first reading of an ordinance. 0:\ZCU\Z02-08.42 1 11/10/02 10:01 AM This request was tabled at the October 15, 2002 meeting at the applicant's request in order to make some changes to the concept plan. PRESENT ZONING AND USE: The property is currently zoned "LI" Light Industrial District and is undeveloped. The subject property was zoned "C-2" Community Business District prior to the 1984 City Rezoning. The property to the north, north of the DART right-of-way was zoned "R-1" Single Family District. The property to the south was zoned "CC" Community Commercial District prior to the 1984 City Rezoning. The property to the east was zoned "L-1" Limited Industrial District and 1-1" Light Industrial District prior to the 1984 City Rezoning. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: DART right-of-way SOUTH: "CC" Community Commercial District—vacant tract of Town Center Addition EAST: "LI" Light Industrial District—service station/convenience store WEST: DART right-of-way 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. AA. Mil The Master Plan designates the subject property as an Industrial land use. The applicant's request is not in compliance with the Master Plan. /rs 0:\ZCU\Z02-08.42 2 11/10/02 10:01 AM This request was tabled at the October 15, 2002 meeting at the applicant's request in order to make some changes to the concept plan. PRESENT ZONING AND USE: The property is currently zoned "Ll" Light Industrial District and is undeveloped. HISTORY OF TRACT AND SURROUNDING AREA: The subject property was zoned "C-2" Community Business District prior to the 1984 City Rezoning. The property to the north, north of the DART right-of-way was zoned "R-1" Single Family District. The property to the south was zoned "CC" Community Commercial District prior to the 1984 City Rezoning. The property to the east was zoned "L -I" Limited Industrial District and 1-1" Light Industrial District prior to the 1984 City Rezoning. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: DART right-of-way SOUTH: "CC" Community Commercial District—vacant tract of Town Center Addition EAST: "Ll" Light Industrial District—service station/convenience store WEST: DART right-of-way Uff -•6- The T016a A M N Z M I I 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. The Master Plan designates the subject property as an Industrial land use. The applicant's request is not in compliance with the Master Plan. /rs 0:\ZCU\Z02-08.42 2 11/10/02 10:01 AM 3 13R 12R 11R /0R 9R p HOLLY n TR 1C,L+ 8 w a ,ST 1e 1Y r! ° RZ5 tw2 .. °°°AR- .5 m 'r' CHELSEA O V 21 y 'M AC f.1TQ U pj A O • 4ay s ,6 ,0 1ym •AC -` A1r-•'CC('�B�m V N ° M 13 12 tt 4TK 3 ro( 13 aft of GU �, tR a TAW - - - - �G G a+ W-04 00-04 77.28 4 & 5 e°p° as @ , , SU00-18 TOO-04 �� , �BYei.1VQ1'04 `• TR 9Ni 281-03 ..... .... .'.' m PFO �^( 13 TR R+ 21 :7`. .... . `.` w SVR tpA3 ... . . y o. (a1B 11 10 9 6 B06K ; 2 1q`,ta�pt 'aK .a4 . 10 P 12 7 TR 90 411C' ,!i s6o- fs '�• t .54aK 1L0 COLLEGE r..• • m S7 .. . . . . .. _ IJ .L . . t iR . . +$ 1A' ,R• 3b 19 20 21 7! 3 24 23 26 21 TR70 . • • • . . N 7R ,ORi . IA* � p 7 R B L • . 2 2R . - y0K • - •`5'S,CJ eE5 . M.10 , 9'$A-13 - 2i • ERKLEY EP4tN` 96-05 T 3C 3 SR .207 K . . O 6A a s 6 T 6 9 10 1/ 12 ,91.0 . 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C 9-03 � •,� 3a • CU94-38 �a ion 4.722@ CU92-23- RNO 6 9 9 s ;� "° w CU93- EX47 CC C��1 w VE' S ° � ac t TTA bQ31� CC c a 6p 3 mt 1 22AA a ,,GG 26 3 T7R 3Ra 2Ri p 2R2 IR3 t.a318 • s SR _ 3Ri 21a 2Ri ' CU93-05 N R; y 22 g �' DANIEL St 292-09iR 6 B 10 � 1 1 p 7 CC 292-09 0 1"-23 1 13 3 6 7 12 11 20 4 13 7 2 6 3A,,,a CU96-03 CU94-13 ' ° 7-7/3 qi2 1 ty 5 ,2 ° 6 3 CC CU94-37 UA98 1661 @ 0 16 8 B it y a 10 1LFM a 2R (0 CU99-63 T030 �R a u n T i0 t0 10 NNO•Z CUOO-38 U93-15 1s 16 6 9 11 ttat 6 ,2 r-- 4Rt 2307®® f IR VINE St 9p I to ITU67807 CU`J-39 , 21 t 21 R 1 2s -31Z87! _ r CY95-16 � CC U8 CUO1 45 CU93-03 2 20 2 20 2 2/ 2 2 J� {{{"` 2 CU9712-05 CU99-05 3 10 3 t° 3 23 3 3 3 14 CU9431 °583s@ �)9� �� CU a is 1 is 4 22 a 4 a 13 K K Z02-08 j,"Ji 400 Brown Chiropractic 1 2. --APPLICANT/AGENT NAME - COMPANY NAME ,a, s P 114 MI✓RUIF- CRos-ro'K I ADDRESS '1,521 LAC Ki..Af-40 Rt?AC) I �5U 1YE 350 CITY F0FT woRTP, PHONE # S t'7- 738 .33&S STATE 'Tx. ZIP 7& 11 �0 FAX# 6177-73L"35 APPLICANT'S INTEREST IN SUBJECT PROPERTY To GOH SYR uG -r fi. G�+RoPRAC'ixG G��..fY�.R 3. PROPERTY OWNER(S) NAME �Y'Qov�� D. C- } 1 �G 4. MeiA 1102 Q. TA 1 A'V E G RAP C --V 1 �4 E. STATE 1X - ZIP 74009 1 PHONE # 81'7 - 4b I- 702 5 FAX # 81-7-451.96'21 20a -0S RECEIVED SEP 5 2Q02 PLANNING ADDRESS OF SUBJECT PROPERTY GE�.a• P EV t ►,,.1 E. LEGAL DESCRIPTION: LOT I BLOCK I ADDITION I AOL) IT 10 N SIZE OF SUBJECT PROPERTY 131a ACRES48,700-0'SQUARE FOOTAGE METES & BOUNDS MUST BE DESCRIBED ON 8 112" X 11" SHEET PRESENT ZONING CLASSIFICATION 1. I PRESENT USE OF PROPERTY `��''�''` T REQUESTED ZONING DISTRICT C - G 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 o:zcu\appzn-cp 2 www.ci.grapevin e.bc us I DESCRIBE THE PROPOSED USE TO COHeTRUC"r A CENTER 4 1Q F'UTURC E5LD(55 THE CONCEPT PLAN SUBMISSION SHALL MEET THE Y REQUIREMENTE�F� SIJ -N 45, CONTENTS OF A CONCEPT PLAN, SECTION 45.C. EFFECT OF CONCEPT PLAN SEP 0 � '20U, PLANNING ALL SUBSEQUENT SITE PLANS SHALL CONFORM TO THE CONCEPT PLAN SUBMITTED WITH THE ZONING APPLICATION. AR 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. ave 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. 12. SIGNATURE TO AUTHORIZE THE FILING OF A FINAL SITE PLAN. APPLICANT (PRII` APPLICANT SIGN OWNER (PRINT) OWNER SIGNATI ozcu\appzn-cp www. ci, grapevi n eAxms 3 1/99 The State of < Y, �-j County of i r r , , = - RECEIVED su 0 b 2002 PLANWNG B fpre me v', - / on this day personally appeared �, 1 " -, "/� 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. _2 o o SE ARNME UNDERWOOD Notary Public State of Taos My Comm. Exp. 8.09-20M The State of County of '7a Notary Signature Before me UC'- 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 -r A.D. D S EAL ANNME UNDERWOOD Notary Public State of Texas my cow. Exp, 8-09-2003 --- o:zcu\appzn-cp 4 www.d.grapevinetcus Notary Signature 1/99 OWNER'S CERTIFICATE STATE OF TEXAS j{ COUNTY OF TARRANT ){ WHEREAS, THE ESTATE OF MARY LOUISE CHASTANT, IS THE OWNER OF A 1.118 ACRE TRACT OF LAND IN THE A. FOSTER SURVEY, ABSTRACT 618, SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS, AND BEING THAT TRACT DESCRIBED IN VOLUME 6167, PAGE 24, OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND 112" IRON ROD AT THE INTERSECTION OF THE SOUTH RIGHT- OF-WAY LINE OF THE ST. LOUIS AND SOUTHWESTERN RAILROAD AND IN THE WEST RIGHT-OF-WAY LINE OF BALL STREET (A VARIABLE WIDTH RIGHT -0F -WAY); THENCE S 0203016" W, ALONG THE SAID WEST LINE OF BALL STREET, A DISTANCE OF 47.63 FEET TO A FOUND 112" IRON ROD AT THE CURVE TO THE RIGHT WITH A RADIUS OF 63.0 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 80037'45", HAVING A CHORD DISTANCE OF 81.52 FEET AND AN ARC DISTANCE OF 88.66 FEET TO A FOUND 112" IRON ROD IN THE NORTH LINE OF IRA E. WOODS (SH #26) (A VARIABLE WIDTH RIGHT-OF-WAY); THENCE S 83010'48" W, ALONG THE SAID NORTH LINE OF IRA E. WOODS, A DISTANCE OF 282.61 FEET TO A FOUND 112" IRON ROD; THENCJE N 89023'51" E, A DISTANCE OF 241.51 FEET TO A FOUND 618" CAPPED IRON ROD; THENCE S 88049'06" W, A DISTANCE OF 100.22 FEET TO A FOUND 518" CAPPED IRON ROD; THENCE S 87025'47" W, A DISTANCE OF 101.07 FEET TO A SET 112" IRON ROD; THENCE S 85007'12" W, A DISTANCE OF 80.06 FEET TO A FOUND 518" IRON ROD IN THE SOUTH RIGHT-OF-WAY UNE OF SAID ST LOUIS AND SOUTHWESTERN RAILROAD; THENCE N 79059'17V" E, ALONG SAID RAILROAD RIGHT-OF-WAY, A DISTANCE OF 873.73 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.118 ACRES OF 48,685 SQUARE FEET OF LAND MORE OR LESS. Zco -cf 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 Z02-08 ON A TRACT OF LAND OUT OF THE A. FOSTER SURVEY, ABSTRACT NO, 518, 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 "LI" LIGHT INDUSTRIAL 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 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 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 Z02-08 to rezone the following described property to -wit: being a 1.118 acre tract of land out of the A. Foster Survey, Abstract No. 518, Tarrant County, Texas (Lot 1, Block 1, Grapevine Kawasaki Addition; 744 Ball Street), which was previously zoned "Ll" Light Industrial 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 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 E Section 8. That this ordinance shall become effective from and after the date of its final passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on first reading on this the day of 2002. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on second and final reading on this the day of 2002. ATTEST: APPROVED AS TO FORM: mus -11Z "0 0 92=009"D N 7559.15E 873.73 0 » ss 7'1ow —80os x W 0000 "-- S ——__---- EXERCISE TRAIL REQUEST FOR ZONING CHANGE FROM SECTIN 31. LI LIGHT INDUSTRIAL DISTRICT TO SECTION 25. C—C COMMUNITY COMMERCIAL DISTRICT REGULATIONS OWNER KELLY M. BROWN, D.C., INC. (817) 481-7025 BROWN CHIROPRACTIC CENTER 1202 WILLIAM D. TATE AVE. GRAPEVINE, TX 76051 DESIGN/BUILD FIRM AND APPLICANT FRANKLIN CROSTON ASSOCIATES, INC. MERVE CROSTON, AIA 2821 LACKLAND RD, SUITE 330 FORT WORTH, TX 76116 T 817.738.3388 — F 817.738.8833 CASE NAME: CASE NUMBER LOCATION: BROWN CHIROPRACTIC Z02-08 owmwmmmmmmb GRAPEVINE, TX KAWASAKI ADDITION DATE: PLANNING AND ZONING COMMISSION DATE: SHEET: OF APPROVAL DOES NOT AUTHORIZE ANY WORK ON CONFLICT WITH ANY CODES OR ORDINANCES. DEPARTMENT OF DEVELOPMENT SERVICES V ,� t / 1 1 e ►.. %� Com' :' I 2 STORY FIRST FLOOR - ll 696 SOFT.TOTALNNE i 3735 SO25 PARKING 5 — � �• _ rv�saos arenrtxeal�azaa '��' NORTH 0 40 80 120 GRAPHIC SCALE IN FEET ZONING ITEMS Zone change request z02-08 is a request to rezone 1.18 acres from "LI", Light Industrial District, to "CC", Community Commercial District. The master plan designates the property as industrial land use. LAND DETAILS Lot Size: 1.18 acres — 48,700.08 sqft. Open Space: 21,000.08 sqft. N 43% Building sqft.: 7,059 sqft. Impervious: 27,700 sqft. N 57% parking spaces: 51 83'10.50 282.BiT— ' ' "—'—•- ---_.— _ EXERCISE TRAL IRA E. WOODS AVENUE (SR NO. 26) R=63.00•, L=88.66• DRAFT COPY REVISION NO.5 DATE: 15 OCTOBER 2002