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HomeMy WebLinkAboutItem 02 - Z02-07 State Highway 26 Pool RoadCc �1ClYf �r-2T TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION FROM: ROGER NELSON, CITY MANAGER& htis� H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES ti MEETING DATE: NOVEMBER 19, 2002 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE CHANGE APPLICATION Z02-07 r ---I 1 ----------- - - Grapevine Lake APPLICANT: Laney Newman `' t Ra PROPERTY LOCATION AND SIZE: I.H. 1635 a Northwest 1 Nt The subject property is located at 2300 Pool Road a� 065-- y?, and is proposed to be platted as Lot 1 R-1, SH26/Pool Road Addition. The site contains approximately 5.82 acres and has 628 feet of Sy DFW 1 Hall -Johnson iso Airport sa frontage along Pool Road. I -1 m 2 Glade Rd. `m c O REQUESTED ZONE CHANGE AND COMMENTS: The applicant is requesting a zone change to rezone 0.72 acres from "HC" Highway Commercial District and 5.10 acres from "PO" Professional Office District to "CN" Neighborhood Commercial District for future development. Several rezoning and conditional use requests have been attempted on this property in recent years, all of which have failed. The most recent occurred at the December 19, 2000 meeting when Council considered and denied both a conditional use request and zone change request on the subject site. The applicant at that time was requesting a conditional use permit to establish a planned commercial center and allow package beer and wine sales in conjunction with a grocery store along with gasoline sales and package beer and wine sales in conjunction with a convenience store. That same applicant was also requesting a zone change to rezone 2.586 acres from "HC" Highway Commercial District, 5.594 acres from "CN" Neighborhood Commercial District, and 3.504 acres from "PO" 0AZCU1Z02-07.4 1 November 12, 2002 (8:48AM) MEMO TO FROM: MEETING DATE SUBJECT: RECOMMENDATION: HONORABLE MAYOR CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION ROGER NELSON, CITY MANAGER-?� H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES NOVEMBER 19, 2002 Z02-07, S.H. 26/POOL ROAD Staff recommends Council table Zone Change Request Z02-07 to the December 17, 2002 meeting and take any other action necessary. BACKGROUND INFORMATION: Staff has received a letter from Mr. Joel Maten of the Greenway Investment Company requesting that Zone Change Request Z02-07 be tabled. During a recent meeting with area property owners to discuss the proposed zone change, Mr. Maten agreed to draft deed restrictions- on the subject property to address their concerns. Mr. -Mates requests that the public hearing on the zone change request be tabled so that the details of the deeds restrictions can be worked out and presented during the pubic hearing. /rs \\C H D N\DATA2\CO M M D EV\ZC U\Z02-07.41. doc November 15, 2002 (10:30AM) Greenway Investment Fax:2148800186 Nov 15 '02 9:29 P.02 Greenway Investment Company Commercial Rear Estate Investments 2808 Fairmount Streit, Suite 100 Dallas. Tex u 75201 Telephone: 214.880.90% Fax: 214.880.0188 8r0enwayinvescment.com November 15, 2002 Dear Mr. Stornbaugh, As per our conversation, I am requesting you to table our zoning change public hearing so I can work. out the details of a possible deed restriction. T11M 'ly yours, �Ztaien Professional Office District to "CC" Community Commercial District for development of a retail shopping center. PRESENT ZONING AND USE: The property is currently zoned "HC" Highway Commercial District and "PO" Professional Office District and is undeveloped. The subject property was zoned 1-1" Light Industrial District and "C-2" Community Business District prior to the 1984 City Rezoning. A conditional use permit (CU86-07) was granted in 1986 for a convenience store with gasoline sales and off -premise alcohol beverage sales (Seven -Eleven) at the southwest corner of Pool Road and Ira E. Woods Avenue but was never constructed. A zone change request (Z98-23) to rezone the entire site to "CC" Community Commercial District was denied at the October 20, 1998 meeting. A subsequent conditional use request (CU99-20) to develop the site as a planned commercial center with a grocery store with off -premise alcohol beverage sales and convenience store with gasoline sales and off -premise alcohol beverage sales was denied at the August 17, 1999 meeting. At the December 19, 2000 meeting Council considered and denied both a conditional use request and zone change request on the subject site. The applicant at that time was requesting a conditional use permit to establish a planned commercial center and allow the possession, storage, retail sale and off -premise consumption of alcoholic beverages (beer and wine only) in conjunction with a grocery store and allow gasoline sales and the possession, storage, retail sale, and off -premise consumption of alcoholic beverages (beer and wine only) in conjunction with a convenience store. That same applicant was also requesting a zone change to rezone 2.586 acres from "HC" Highway Commercial District, 5.594 acres from "CN" Neighborhood Commercial District, and 3.504 acres from "PO" Professional Office District to "CC" Community Commercial District for development of a retail shopping center. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: SOUTH: EAST: WEST: OAZCU202-07.4 "HC" Highway Commercial District --CVS Pharmacy, City of Southlake "PO" Professional Office District --vacant "HC" Highway Commercial District and "GU" Governmental Use District—Hansome Hank's Texaco and Grapevine High School "CN" Neighborhood Commercial District—vacant 4 November 12, 2002 (8:48AM) 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. I IVA Jl:4ZJ•k4VAINNI W The Master Plan designates the subject property as a Low Intensity Commercial and Commercial land use. The applicant's proposal is only partially in compliance with the Master Plan. The request to rezone 0.72 acres from "HC" Highway Commercial District to "CN" Neighborhood Commercial District is not in compliance with the Master Plan; the request to rezone 5.10 acres from "PO" Professional Office District to "CN" Neighborhood Commercial District is in compliance with the Master Plan. The bulk of the applicant's request is in compliance with the Master Plan. THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan designates Pool Road as a Type B, Major Arterial with a minimum 80 -foot right-of-way developed as four lanes with a center median. /rs OAZCU202-07.4 3 November 12, 2002 (8:48AM) 1. 2 3. 5. 6, 7. 8. 9. 10. RECEIVEI) CITY OF GRAPEVINE oci- I X002 ZONE CHANGE APPLICATION PLANNING Applicant/Agent Name Laney Newman Company Name Graham Associates. Inc Address 616 Six Flags nr g,,; +o Ann City Arlington State r="V== Zjp 76018 Phone # (817) —Fax # (817) 633-5240 Applicant's interest in subject property Engineer Property owner(s) name 9.5 Pool Road Partners, L.P. Address, 2808 Fairmount, suite loo City Dallas State Texas Zip 75201 Phone# (214) 880-9009 Address of subject property Legal Description: Lot 1R Block Fax # (214) 880-0188 Addition-S.H. 26/Pool Road Addition Size of subject property 8.120 acres 353,721 square foot Metes & Bounds must be described on 8'/Z " x 11" sheet Present Zoning Classification P.O. and H.C. Present Use of Property Vacant Requested Zoning District P. 0. and C. N. The applicant understands the master plan designation and the most restrictive zone that would allow the proposed use is P. o. and C. N. Minimum/Maximum District size for requested zoning 2.3Q Acres and 5.92 Acres Describe the proposed use Professioani Office and Neighborhood Retail with 2 Restaurants 0AZCU1APP-ZN 2 6/93 WW ­4 RECEIVED All Zone Change Requests are assumed to be complete when filed anFV;1h Q10.17ced on the agenda for public hearing at the discretion of the staff. Based on the sftpA"enda, 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 signatui Owner (print): Owner signatui 0:=U\,APP-ZN 3 6/99 WWW.C1,graPeVineAx.U6 The State of Texas County of Tarrant RECEIVED ocl 1 � 2002 PLANNING Before me kllo—L on this day personally appeared Laney Newman known to me or proved to me on the oath of or through CCACS:' (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. p" S 0� 9 � - - .. - 4 SEAL a 0 Z ip Of +ExFve The State Of. Texas County Of Tarrant o fary-Signature Before me I )e-, >YYdn' Z5 , N-IdL-- --- on this day personally appeared Joel A. mat—en known to me (or proved to me on the oath of '—)j? or through I y- , jfj=, I �f:(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 LC�be4� A.D. WA d; 0 . .......... . ,e SEAL Z CO OF �5}� h. 67i Lit otary SignatuSre- 0.%ZCU%APP-ZN 4 6/99 www.c1.grapev1ne.tx.u& RECEIVED FIELD NOTES OF 5.10 ACRES OF LAND r ,rr,,, ) !) L �'-- BEING 5.10 acres of land located in the J.N. Gibson Survey, Abstract No. 59P, 00U 4 NG County, Texas, same being a part of Lot 4 and Tract A, Block 1 of S.H. 26/Pool Road Addition, as.recorded in Cabinet A Slide 4878, P.R.T.C.T. and a portion of Lot 2, Block 1, CVS Addition of Grapevine, as recorded in Cabinet A Slide 7291, P.R.T.C.T., said 5.10 acres of land being more particularly described by metes and bounds as follows: COMMENCING at a point for the most northerly northeast comer of said Lot 2, Block 1, CVS Addition of Grapevine, same being the northwest corner of Lot 1, Block 1 of said CVS Addition of Grapevine, same being on the south Right -of -Way of State Highway 26 (variable width R.O.W.); THENCE South 26°06'35" East a distance of 286.04 feet; North 63°5322" East a distance of 188.53 feet; South 26°06'35" East a distance of 107.27 feet; and North 55045'25" East a distance of 76.04 feet along the east boundary line of said Lot 2, Block 1,'CVS Addition of Grapevine, same being the west and south boundary line of said Lot 1, Block 1, CVS Addition of Grapevine, to a point on the west Right -of -Way line of Pool Road (90' R.O.W.), and being at the beginning of a curve to the left; THENCE continuing southerly along said curve to the left, having a central angle of 04'20'47", a radius of 900.00 feet, an arc length of 68.27 feet, and whose chord bears South 35°58'12" East a distance of 68.26 feet to a point at the end of said curve on the west Right -of -Way line of said Pool Road and being at the PLACE OF BEGINNING of the following described tract of land and being at the beginning of a curve to the left; THENCE continuing southerly along said curve to the left, having a central angle of 00039'20", a radius of 900.00 feet, an arc length of 10.30 feet, and whose chord bears South 38°28'17" East a distance of 10.30 feet to a point at the end of said curve on the west Right -of -Way line of said Pool Road and being at the beginning of a curve to the right; THENCE continuing southerly along said curve to the right, having a central angle of 34'52'22", a radius of 820.00 feet, an arc length of 499.09 feet and whose chord bears South 21°21'44" East a distance of 491.42 feet to a point at the end of said curve on the west Right -of -Way line of said Pool Road; THENCE North 89040'42" West a distance of 468.61 feet, North 15°09'00" West a distance of 507.48 feet, and South 86'19'07" East a distance 416.68 feet to the PLACE OF BEGINNING and CONTAINING 222,088 square feet or 5.10 acres of land, more or less. FIELD NOTES OF 0.72 ACRES OF LAND RECEIVED BEING 0.72 acres of land located in the J.N. Gibson Survey, Abstract No. 591, Tarrant County, Texas, same being a part of Lot 4 and Tract A, Block 1 of S.H. 26/ifi6bp�ftb,,jANG Addition, as recorded in Cabinet A Slide 4878, P.R.T.C.T. and a portion of Lot 2, Block. 1, CVS Addition of Grapevine, as recorded in Cabinet A Slide 7291, P.R.T.C.T., said 0.72 acres of land being more particularly described by metes and bounds as follows; BEGINNING at a point for the most northerly northeast corner of said Lot 2, Block 1, CVS Addition of Grapevine, same being the northwest corner of Lot 1, Block 1 of said CVS Addition of Grapevine, same being on the south Right -of -Way of State Highway 26 (variable width R.O.W.); THENCE South 26°06'35" East a distance of 286.04 feet; North 63°53'22" East a distance of 188.53 feet; South 26°06'35" East a distance of 107.27 feet; and North 55°45'25" East a distance of 76.04 feet along the east boundary line of said Lot 2, Block 1, CVS Addition of Grapevine, same being the west and south boundary line of said Lot 1, Block 1, CVS Addition of Grapevine, to a point on the west Right -of -Way line of Pool Road (90' R.O.W.), and being at the beginning of a curve to the left; THENCE continuing southerly along said curve to the left, having a central angle of 04°20'47", a radius of 900.00 feet, an arc length of 68.27 feet, and whose chord bears South 35°58'12" East a distance of 68.26 feet to a 1/2 inch iron rod at the end of said curve on the west Right -of -Way line of said Pool Road; THENCE North 86°19'07" West a distance of 416.68 feet, and North 15°09'00" West a distance 249.06 feet to a 1/2 inch iron rod with cap on the south Right -of -Way line of State Highway 26, same being the north boundary line of said Lot 2, Block 1, CVS Addition of Grapevine; THENCE North 66°31'56" East a distance of 21.14 feet along the south Right -of -Way line of State Highway 26, same being the north boundary line of said Lot 2, Block 1, CVS Addition of Grapevine, to a point at the beginning of a curve to the left; THENCE continuing northeasterly along said curve to the left, having a central angle of 00°20'37", a radius of 2944.79 feet, an arc length of 17.66 feet and whose chord bears North 66°21'31" East a distance of 17.66 feet along the north boundary line of said Lot 2, Block 1, CVS Addition of Grapevine, same being the south Right -of -Way line of State Highway 26 to the PLACE OF BEGINNING and CONTAINING 31,524 square feet or 0.72 acres of land, more or less. ORDINANCE NO. 0 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 Z02-07 ON A TRACT OF LAND OUT OF THE J.N. GIBSON SURVEY, ABSTRACT NO. 591, 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 "HC" HIGHWAY COMMERCIAL DISTRICT AND "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS TO "CN" NEIGHBORHOOD 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; 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 Z02-07 to rezone the following described property to -wit: being a 0.72 acre tract (zoned "HC" Highway Commercial District) and a 5.10 acre tract (zoned "PO" Professional Office District Regulations) of land both out of the J.N. Gibson Survey, Abstract No. 591, Tarrant County, Texas (2300 Pool Road), more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "HC" Highway Commercial District Regulations and "PO" Professional Office District Regulations is hereby changed to "CN" Neighborhood 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. 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 19th day of November, 2002. ,...• 0 ATTEST: ORD. NO. 4 I I I I. I I I I I I I T . V O"=/DEVELOPER F7,,c Greenway Investment Company CONCEPTUAL PLAN PREPARED BY. HODGES & ASSOCUTES, INC. 13642 OMEGA DALLAS, TEXAS 75244 072/387-1000 FAX 0721960-1120 AREA TO BE REZONED: ^HC^ PR COMMERCIAL TO *CN" = 0,72 AC. 'PO" PROFESSIONAL OFFICE TO "CN* - 5.10 AC. PROFESSIONAL OFFICE PARCEL TABULATIONS SO. FT. PRK'G REG - D PROF. OFFICE 23,300 (1:300) 78 TOTALS 23,300 78 PARKING PROVIDED 121 SITE AREA t 2.30 AC COMMERCIAL PARCEL ,TABULATIONS SQ. FT. PRK'G REV D RETAIL 41, 200 (1:200) 206 PAD BLDG 7,400 (1:100) 74 TOTALS 48,600 280 PARKING PROVIDED 316 SITE AREA t 5.82 AC ( includes pad site ) LAW 0 0 VICINITY MAP GRAPHIC SCALE 1'-50* 0 50 jjr.CJWf.O 150 NOV 11201, P-300 Am. 90AP CONCEPTUAL SITE PLAN LOT 1R BLOCK 1 SH 26/P00L ROAD ADDITION CITY OF GRAPEVINE, TEXAS TARRANT COUNTY, TEXAS Graham Associates Inc. 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