HomeMy WebLinkAboutItem 04 - Z12-09 Vineyard Creek Estates i ITEM # 4 d'/9
P?4- 1.
TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
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FROM: BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DIRECTOR OF DEVELOPMENT SERVICES
MEETING DATE: SEPTEMBER 18, 2012
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE
CHANGE APPLICATION Z12-09 VINEYARD CREEK ESTATES
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Grapevine 5?dry
Lake APPLICANT: Brad Meyer of Contrast Development
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-_ I.H.1635 PROPERTY LOCATION AND SIZE:
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Northwes
r The subject property is located at 2011 Hall-Johnson
cy Road, and is proposed to be platted as Lots 1-25,
Block 1 and Lots 1-28 Block 2, Vineyard Creek
HalWohnson sy A°p,t Estates. The addition contains 18.864 acres and has
L� ; approximately 235 feet of frontage along Hall-
Johnson Road, 479 feet of frontage along Crestwood
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Glade Rd. —i —� Court, and 500 feet of frontage along Hughes Road.
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REQUESTED ZONE CHANGE AND COMMENTS:
The applicant is requesting a zone change to rezone 18.864 acres from "PCD" Planned
Commerce Development to "R-5.0"Zero Lot Line District for the development of 53 single
family lots.
The applicant intends to develop 53 single family lots on the subject property with access
from Hall-Johnson Road, Hughes Road, and Crestwood Court. Lots will range from 7,060
square feet to 37,794 square feet. Average lot size in this proposed subdivision is 12,038
square feet and density is 2.81 dwelling units per acre. The ordinance allows a maximum
of eight dwelling units per gross acre of land in the "R-5.0" Zero Lot Line District. All
requirements of the zoning ordinance are being met by this request.
This request was tabled at the September 18, 2012 meeting at the applicant's request in
0:IZCU/Z12-09.42 1 October 11,2012(9:18AM)
order to meet with residents from the Crestwood Hollow subdivision to east of the subject
property.
PRESENT ZONING AND USE:
The property is currently zoned "PCD" Planned Commerce Development District and is
undeveloped.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject and surrounding property were rezoned from "R-1" Single Family District to
"PCD" Planned Commerce Development District during the 1984 Citywide rezoning. At the
June 15, 2004 meeting Council approved zone change request Z04-04 (Ord. 2004-39) on
the property to the east from "PCD" Planned Commerce Development District to "R-5.0"
Zero Lot Line District for single family development. At the September 21, 2004 meeting
Council approved zone change request Z04-10(Ord. 2004-60) on the property to the west
from "PCD" Planned Commerce Development District to "CC" Community Commercial
District developed as a day spa/salon. At the June 21, 2005 meeting Council approved
zone change request Z05-04 (Ord. 2005-45) on the property to the west from "PCD"
Planned Commerce Development District to "CC"Community Commercial District for the
development of an office. A special use permit(SU 10-08)was approved by Council at the
October 19, 2010 meeting on property to the north for the development of a church.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "R-7.5" Single Family District and "PCD" Planned Commerce
Development District—Saybrooke Addition, Fellowship of the Parks
Church, Driskill Place (pharmacy)
SOUTH: "PO" Professional Office District and "R-7.5" Single Family
District—Delaney Vineyard, Shadow Glen Addition
EAST: "R-5.0" Zero Lot Line District and "PCD" Planned Commerce
Development District—Crestwood Hollow Addition and CMPA
Office complex
WEST: "PCD" Planned Commerce Development District and "CC"
Community Commercial District—Unity Church, office buildings,
restaurant
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.
0:W Z12-09.42 2 October 8,2012{3:08PL1
MASTER PLAN APPLICATION:
The Master Plan designates the subject property as a Commercial land use. The
applicant's proposal is not in compliance with the Master Plan.
THOROUGHFARE PLAN APPLICATION:
The Thoroughfare Plan designates this portion of Hall-Johnson Road as a Type C Minor
Arterial with a minimum 80 feet of right-of-way developed as four lanes with a center left
turn lane. Hughes Road at this specific location is not a designated thoroughfare.
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O:IZCUIZ12-09.42 3 October 8,2012(3:08PM)
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ZONE CHANGE APPLICATION
PART 1.APPLICANT INFORMATION
Applicant Name: Contrast Development,LLC
Applicant Address: 300 E.John Carpenter Frwy,Suite 940
City/State/Zip Irving,Texas 75062
Phone No. 972.793.7685 Fax No. NIA
Email Address Mobile Phone 817.312.0417
Applicant's interest in subject property Purchaser
PART PROPERTY INFORMATION
Street Address of subject property South of Hall Johnson,worth of Hughes,East of Hwy 121
Legal Description: Lot [n/a Block n/a Addition n/a
Legal description of subject property(metes&bounds must be described on 8 112"x 11"sheet
Size of subject property: acres 18.864 square footage 821,723
Present zoning classification PCD Planned Commerce Developr Requested zoning district R-5.0 Zero Lot Line District
Present use of property Vacant
Proposed use of property Single Family Residential
The applicant understands the master plan designation and the most restrictive zone that
would allow the proposed use is R-5.0 Zero Lot Line District
Minimum/Maximum District size for requested zoning n/a
PART 3.PROPERTY OWNER INFORMATION
Property Owner ONCOR Electric Delivery Company,LLC
Prop Owner Address 1616 Woodall Rogers Freeway
city/State/Zip Dallas,Texas 75202
Phone No. 817.215.6607(Wayne Wright) Fax No. 817.215.6600
Z a,-09
0 All Zone Chage Requests are assumed to be completed when riled and will be placed on the agenda for public hearing at the descretion 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 maybe continued to the next public
hearing. Public hearings will not be tabled.
O Any changes to a concept plan approved with a zone change request can only be approved by city council through the public hearing process.
❑ l have read and understand all 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.
PART 4.SIGNATURE TO AUTHORIZE A ZONE CHANGE REQUEST AND PLACE A ZONE CHANGE REQUEST SIGN ON
THE SUBJECT PROPERTY
113rad Meyer,Contrast Development,LLC
Print Applicant's Name Applicant's Signat
The State of O's
County of
Before me(notary) �I t ll -J-jjI -e.S on this day personally appeared (applicant)
known to me(or proved to me on the oath of 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.
(Seal) Given under my hand and seal of office this " � day of , j�}t\2 ,A.D.
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S�o�*• ° KARLA W JONES
Notary Public, State of Texas
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;.. My Commission Expires Notary In and For State of Y� aS
June 11, 0014
ll L. Alvarez .ONCOR Electric Delivery Company,LLC By:
Print Property Owner's Name Prop r%er's Signatu2 Jill L. Alvarez
Attorney—in—Fact
The State of Texas
County of Tarrant
Before me(notary) — O-O- �, � f on this day personally appeared (applicant) Jill L. Alvarez
known to me(or proved to me on the oath of card or other document)to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that executed the same for the purposes and consideration therein expressed.
(Seal) Given under my hand and seal of office this�-1 day of �� A.D. CVU
JENNIFER MEEKER + ku�
I '�,� n�..Curr;r.�i;.•s�p� Expire;. I ,,,,,,,,,,,,,,,—m
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c :• Dr•c.rr?ber n6, 2010. I ry Ina d tate
ACKNOWLEDGEMENT -Z,� )"09
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. Based on the size of the agenda, your application
may be scheduled to a later date.
Ali 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.
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.
Signature of Applicant
Date
Oncor EIjj=:Lr. Deiivery- Cqmpany LLC
Signature of Property Owner By:
Date June W, 2012
-7
LEGAL DESCRIPTION
BEING a tract of land out of the William Driskill Survey, Abstract No, 405, Tarrant
County, Texas, and being that tract of land as described in deed to TXU Electric Delivery
Company as recorded in instrument No. D207007552, Official Public Records of Tarrant
County, Texas (O.P.R.T.C.T.), and being more particularly described as follows:
BEGINNING at a point for comer from which a 112-inch found iron rod bears North 48
degrees 03 minutes 54 seconds West, 0.38 feet, said point being on the east right-of-way
line of State Highway No. 121, said point also being the called southwest corner of Lot 1,
Block 1, Driskill Place, an addition to the City of Grapevine, Tarrant County, Texas,
according to the plat recorded in Cabinet A, Slide 4494, Plat Records of Tarrant County,
Texas (P.R.T.C.T.);
THENCE North 89 degrees 46 minutes 29 seconds East, departing said east right-of-way
line and along the south line of said Lot 1, Block 1, Driskill Place, a distance of 289.15
feet to a point for the called southeast corner of said Lot 1, Block 1, Driskill Place, from
which a 112-inch found iron rod bears North 63 degrees 09 minutes 09 seconds West,
0.29 feet;
THENCE North 00 degrees 16 minutes 13 seconds West, a distance of 11.04 feet along
the east line of said Lot 1, Block 1, Driskill Place to a point for corner from which a 1/2-
inch found iron rod with an illegible cap bears North 55 degrees 49 minutes 30 seconds
West, a distance of 0.34 feet, said point being the beginning of a non-tangent curve to the
left with a radius of 270.00 feet and whose chord bears North 69 degrees 27 minutes 03
seconds East, 187.55 feet;
THENCE Northeasterly, along said curve to the left, and continuing along said east line,
through a central angle of 40 degrees 3 8 minutes 47 seconds, for an are distance of
191.54 feet to a 112-inch iron rod with yellow plastic cap stamped "HALFF ASSOC."
(hereinafter referred to as "with cap")found for corner at the point of tangency;
THENCE North 49 degrees 07 minutes 38 seconds East, continuing along said east line, a
distance of 172.40 feet to a 112-inch found iron rod with cap stamped"GRANT ENG.",
said corner being on the south right-of-way line of Hall Johnson Road(an 80 foot right-
of-way) as dedicated by plat recorded in Cabinet A, Slide 715,P.R.T.C.T., same being
located on a curve to the left with a radius of 1,165.00 feet and whose chord bears South
73 degrees 07 minutes 41 seconds East, 234.67 feet;
THENCE Southeasterly, departing said east line, and along said south right-of-way line
and along said curve to the left, through a central angle of 11 degrees 33 minutes 38
seconds, for an arc distance of 235.06 feet to a 112-inch found iron rod with cap for the
northwest corner of Lot 1, Block 1, of the Fellowship of The Parks Addition, an addition
to the City of Grapevine, as recorded in Document No. D210320285, O.P.R.T.C.T.;
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7 1.a-off
THENCE South 34 degrees 57 minutes 14 seconds West, departing said south right-of-
way line, and along the west line of said Fellowship Addition, a distance of 315.78 feet to
a 112-inch found iron rod with cap for corner;
THENCE South 00 degrees 02 minutes 46 seconds East, continuing along said west line,
a distance of 114.00 feet to a 112-inch found iron rod with cap for the southwest corner of
said Fellowship Addition;
THENCE North 89 degrees 51 minutes 04 seconds East, along the south line of said
Fellowship Addition, a distance of 443.84 feet to a 112-inch found iron rod with cap for
the southeast corner of said Fellowship Addition;
THENCE North 41 degrees 44 minutes 56 seconds East, along the east line of said
Fellowship Addition, a distance of 412.38 feet to a 112-inch found iron rod with cap for
the most southerly northeast corner of said Fellowship addition, being the northeast
corner of said TXU Electric Delivery Company tract, said point being the west line of
Crestwood Court, and being South 00 degrees 42 minutes 11 seconds East along said
west line, a distance of 14.71 feet from the intersection of said west line with the south
line of Hall Johnson Road;
THENCE South 00 degrees 42 minutes 11 seconds East, along the east line of said TXU
tract and west line of said Crestwood Court, a distance of 479.04 feet to a point for corner
from which a 314-inch found iron rod bears South 16 degrees 47 minutes 01 second East,
0.32 feet, said point also being the called northeast corner of Lot 1, Block 1, of the
Amended Plat CMPA Office, an addition to the City of Grapevine, Tarrant County,
Texas, according to the plat recorded in Cabinet A, Slide 8278, P.R.T.C.T.;
THENCE South 89 degrees 59 minutes 11 seconds West, departing said west line and
along the north line of said CMPA Office addition, a distance of 298.75 feet to a point for
corner from which to a 314-inch found iron rod bears North 82 degrees 36 minutes 42
seconds West, 0.34 feet, said point being the called northwest corner of said CMPA
Office addition;
THENCE South 00 degrees 3 5 minutes 04 seconds East, along the west line of said
CMPA Office Addition, a distance of 855.90 feet to a 314-inch iron rod found in the north
line of Hughes Road(a variable width right-of-way) for the southeast corner of said TXU
tract;
THENCE North 89 degrees 58 minutes 01 second West, along said north right-of-way
line of Hughes Road, a distance of 500.47 feet to a 112-inch found iron rod with cap for
comer;
THENCE North 00 degrees 02 minutes 46 seconds West, departing said north right-of-
way line, passing at a distance of 23.23 feet the southeast corner of Lot 1R,Block 1,
Unity Church of Northeast Tarrant County Addition, an addition to the City of
Grapevine, Tarrant County, Texas, according to the plat recorded in Document No.
Tc _Oq
D205288771, O.P.R.T.C.T.,passing at an additional distance of 573.09 feet the southeast
corner of the Vineyards Addition, an addition to the City of Grapevine, according to the
plat recorded in Document No. D205288722, O.P.R.T.C.T., and continuing in all a total
distance of 850.32 feet to a 518-inch found iron rod with cap stamped "CHEATHAM
2346" for the northeast corner of said Vineyards Addition;
THENCE South 89 degrees 24 minutes 25 seconds West, along the north line of said
Vineyards Addition, a distance of 3 00.10 feet to a 1-inch found iron pipe in the east line
of Lot 1, Block 2, of the Driskill Place Addition, an addition to the City of Grapevine,
according to the plat recorded in Cabinet A, Slide 5645, P.R.T.C.T., same being a called
north corner of said Vineyards Addition;
THENCE North 00 degrees 05 minutes 15 seconds West, along the east line of said
Driskill Place Addition, a distance of 373.08 feet to a 112-inch found iron rod for the
called northeast corner of said Driskill Place Addition;
THENCE North 89 degrees 51 minutes 32 seconds West, along the north line of said
Driskill Place Addition, a distance of 270.63 feet to a point for the called northwest
corner of said Driskill Place Addition, from which a 112-inch found iron rod bears North
48 degrees 03 minutes 54 seconds West, 0.38 feet, said point being on the east right-of-
way line of said State Highway No. 121;
THENCE North 00 degrees 42 minutes 19 seconds West, along said east right-of-way
line, a distance of 54.96 feet to the POINT OF BEGINNING AND CONTAINING
821,723 square feet or 18.864 acres of land, more or less.
9
ORDINANCE NO.
VIII' � L"
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 Z12-09 ON A TRACT
OF LAND OUT OF THE WILLIAM DRISKILL SURVEY,
ABSTRACT NO. 405 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 "PCD" PLANNED COMMERCE
DEVELOPMENT DISTRICT TO "R-5.0" ZERO LOT LINE
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 otherthings the characterof
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 prqperty 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
as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby
ORD. NO. 2
amended and changed by Zoning Application Z12-09 to rezone the following described
property to-wit: being an 18.864 acre tract of land out of the William Driskill Survey,
Abstract No. 405 (2011 Hall-Johnson Road) more fully and completely described in Exhibit
"A", attached hereto and made a part hereof,which was previously zoned "PCD" Planned
Commerce Development District is hereby changed to "R-5.0" Zero Lot Line District
Regulations, all in accordance with Comprehensive Zoning Ordinance No. 82-73, as
amended.
Section 2. That 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 forthe 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. That 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. That 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. m� 3
Section 8. That 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 October, 2012.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 4