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HomeMy WebLinkAboutItem 05 - Z12-12 West Wall Street ITEM # TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER t v SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: OCTOBER 16, 2012 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE CHANGE APPLICATION Z12-12, WEST WALL STREET r I I 1 ! `7----------- -- APPLICANT: Martin O'Conner 1 Grapevine g> Dove Lake l �a PROPERTY LOCATION AND SIZE: I The subject property is located at 1331 West Wall North rthwes I Street and is proposed to be platted as Lots 1 and 2, �1 I Shamrock Ventures Addition. The subject property contains .725 acres and has approximately 90 feet of y S D>:V1 ; I frontage along West Wall Street and 30 feet of Hall-Johnson ti Airport a ; frontage along Springbrook Court. L� m I I L� _ I w Glade Rd. `a I _ F � REQUESTED ZONE CHANGE AND COMMENTS: The applicant is requesting a zone change to rezone approximately .725 acres from "PO" Professional Office District to "R-7.5" Single Family District for the develo ment of two residential lots. It is the applicant's intent to rezone the subject property to develop two single family lots— a 17,197 square foot lot that will have frontage and access along Pebble Brook Drive and a 14,401 square foot lot that will have frontage and access along Springbrook Court. The subject property is currently part of the historic Yancy Farmhouse which received historic landmark designation in December 2007. The Executive Director of the Convention and Visitor's Bureau has determined that preservation of the actual Yancy Farmhouse structure is of primary importance and that the surrounding vacant property although included in the initial overlay is not necessary to insure the care of the farmhouse. O=UV12-12.4 1 October 11,2012(9:28AM) The City Attorney has indicated that the subject property could be removed from the initial historic overlay by the City Council relative to the zone change application under consideration. If the subject property is considered favorably for rezoning this would be the first reading of an ordinance due to an appearance before the Board of Zoning Adjustment at their November 5, 2012 meeting for a variance to the buffer yard requirement. If approved by the Board this request will be placed on the November 20, 2012 agenda for the second reading of the ordinance. PRESENT ZONING AND USE: The property is currently zoned "PO" Professional Office District and has a vacant residence on site. HISTORY OF TRACT AND SURROUNDING AREA: The subject property and the property to the east were rezoned from"R-3"Multiple Family to "PO" Professional Office District in the 1984 City-wide rezoning. The properties to the north were rezoned from "C2"Community Business to"HC"Highway Commercial District in the 1984 City-wide rezoning. The properties to the south were rezoned from "R1" Single Family to"R-7.5" Single Family District in the 1984 City–wide rezoning. The properties to the west were rezoned from "R-1" Single Family to "R-7.5" Single Family District in the 1984 City-wide rezoning. At the January 15, 2008 meeting a conditional use request (CU07-44) was considered on the subject property for a funeral home but was subsequently withdrawn by the applicant. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "PO" Professional Office District—Yancy Farmhouse which is currently vacant SOUTH: "R-7.5" Single Family District—McClelland Addition single family residences EAST: "R-7.5" Single Family District—McClelland Addition single family residences WEST: "R-12.5" Single Family District and R-7.5" Single Family District— Bowles Addition and Dellwood Acres, single family residences and a church AIRPORT IMPACT: The subject tract is not located within any "Zone" as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. O:1ZCU1Z12-12.4 2 October 10,2012(9:44AM) MASTER PLAN APPLICATION: The Master Plan designates the subject property as a Low Intensity Commercial land use. The applicant's proposal is not in compliance with the Master Plan. THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan designates West Wall Street as a Type E Collector requiring a minimum right-of-way of 69 feet to be developed as 4 lanes with 11 feet travel lane width. This segment of West Wall Street is not built in accordance with the Thoroughfare Plan. Pebblebrook Drive is not a designated thoroughfare as shown on the City of Grapevine's Thoroughfare Plan. Irs O:1ZCU1Z12-12.4 3 October 10,2012(8:44AM) :. . . 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Martin V.O'Connor,President Applicant Address: PO Box 92879 City/State/Zip outhlake,-i 76092 �. �... Phone No. 17-421-8075 Fax No. 17-421-8076 Email Address Mobile Phone 17-313-0902 Applicant's interest in subject property_Development PART 2. PROPERTY INFORMATION Street Address of subject property 1331 W.Wall Street Legal Description: Lotr Block Addition Dellwood Acres Legal description of subject property(metes&bounds must be described on 8112"x 11"sheet Size of subject property: acres 725 square footage V1,598 Present zoning classiFicationfO Professional Office District Requested zoning district -7.5 Single Family District w Present use of property scant Land � V Proposed use of property esidential The applicant understands the master plan designation and the most restrictive zone that would allow the proposed use is Minimum/Maximum District size for requested zoning PART 3.PROPERTY OWNER INFORMATION Property,Uwner ottfredson Land Development Prop Owner Address 7321 Trianon Ct. city/State/zip FolleyvilleT;,' 76034 Phone No. 1972-869-7910 Fax l*o. � ar z -tire, ❑ All Zone Chage Requests are assumed to be completed when filed 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 laterdate. ❑ All public hearings will be opened and testirnony given by applicants and interested citizenry. Public hearings maybe 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. ❑ 1 have mad 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 artln V.O'Connor ^1 Print Applicant's Name Applicants Signature The State of exas County of arrant Before me(notary) Mary Durkin on this day personally appeared(applicant) 1+Iartin V.O'Connor 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 0th day o ptember ,A.D.k012 ' Notary u6iic,1 DURKIN State of Texas r MY Commission t J SeDlemiser 27 Expires 2014 Notary In and For to of exas �n t1e i� m Gorr � s DE � F � a�cl P yr Plant Property Owner's Name Prop Owner's Si e The State of I T0,63's County of OAAJC Before me (notary) � on this day personally appeared(applicant) mrG wore -r-- WjQplpy known to me(or proved to me on oath of and 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 Land and seal of office this day o ,A.D. BLAKE A. BRADY Notary In and or Stat Notary Public,State of Texas My Commission Expires Jul 01, 2014 SEP 2 5 2012 ACKNOWLEDGEMENT 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. 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. 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. a Signature of Applicant Date �-- 4 Signature of Property Owner Date U P __. Ry __ __ METES AND BOUNDS DESCRIPTION--0.725 ACRES 21 D ~I Being a 0.725 acre tract of land situated in The Heirs of A. Foster Survey,Abstract Number 518 in the City of Grapevine, Tarrant County, Texas and also being a portion of that certain 2.256 acre tract of land described in a General Warranty Deed to GOTTFREDSON LAND DEVELOPMENT I, L.L.C. from GRAPEVINE-WALL STREET PARTNERS I, L.P. as recorded in Instrument Number D211247291 of the Official Public Records of Tarrant County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a X-inch rod for the northeast corner of the before mentioned 2.256 acre tract of land and the northwest corner of a tract of land described in a deed to WEST WALL, LTD. as recorded in Instrument Number 201239808 of the Official Public Records of Tarrant County,Texas. THENCE along the east line of said 2.256 acre tract and the west line of said WEST WALL, LTD.tract South 01 degrees 28 minutes 00 seconds East at a distance 189.68 feet passing the southwest corner of said WEST WALL, LTD.tract and the northwest corner of LOT 19R, BLOCK 3 of McCLELLAND ADDITION, an addition to the City of Grapevine, Tarrant County,Texas as recorded in Volume 388-185, Page 43 of the Plat Records of Tarrant County,Texas and continuing in all a total distance of 234.92 feet to a point for the northeast corner and also the POINT OF BEGINNING of the herein described tract. THENCE continuing with east line of said 2.256 acre tract and the west line of said LOT 19R, BLOCK 3,South 01 degrees 28 minutes 00 seconds East a distance of 120.00 feet to a "P-K" nail for the southeast corner of said 2.256 acre tract and the herein described tract,in the west right-of-way line of Springbrook Court(50' R.O.W.). THENCE with south line of said 2.256 acre tract, South 88 degress 02 minutes 00 seconds West at a distance of 6.00 feet passing the northeast corner of LOT 20R, BLOCK 3 of said McCLELLAND ADDITION and continuing in all a total distance of 291.28 feet to a 60d nail for the southwest corner of said 2.256 acre tract and the herein described tract in the north line of LOT 27R, BLOCK 3 of said McCLELLAND ADDITION for the beginning of a tangent curve to the right with a central angle of 73 degrees 07 minutes 17 seconds, a radius of 25.00 feet and a chord bearing and distance of North 55 degrees 24 minutes 22 seconds West and 29.78 feet. THENCE northwesterly along said curve an arc distance of 31.91 feet to a "P-K" nail in the east right-of-way line of Pebble Brook Drive(60' R.O.W.) and the west line of said 2.256 acre tract. THENCE with the east right-of-way line of said Pebble Brook Drive and the west line of said 2.256 acre tract, North 18 degrees 50 minutes 00 seconds West a distance of 68.50 feet to the beginning of a tangent curve to the right with a central angle of 04 degrees 02 minutes 39 seconds,a radius of 25.00 feet and a chord bearing and distance of North 16 degrees 48 minutes 40 seconds West and 1.76 feet. THENCE northwesterly along said curve an arc distance of 1.76 feet to a point for the westerly-most northwest corner of the herein described tract. THENCE leaving the east right-of-way line of said Pebble Brook Drive and entering and continuing across said 2.256 acre tract for the north line of the herein described tract, North 88 degrees 02 minutes 00 seconds East a distance of 216.27 feet to a point for an "ell"corner of the herein described tract. THENCE continuing across said 2.256 acre tract, North 01 degrees 28 minutes 00 seconds West a distance of 35.00 feet to a point for the northerly-most northwest corner of the herein described tract. THENCE continuing across said 2.256 acre tract, North 88 degrees 02 minutes 00 seconds East a distance of 120.00 feet back to the POINT OF BEGINNING of the herein described tract and containing 0.725 acres of land. The BASIS OF BEARINGS for the herein described tract being taken from the General Warranty Deed to GOTTFREDSO LAND DEVELOPMENT I, L.L.C. from GRAPEVINE-WALL STREET PARTNERS I, L.P. as recorded in Instrument Number D211247291 of the Official Public Records of Tarrant County,Texas. This metes and bounds description was prepared based in part on the boundary survey pr y r Westphall, R.P.L.S.5832 dated 01/04/2012. No additional survey was made on the ground. SEA 2 S 2012 V µ � p ORDINANCE NO. 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 Z12-12 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 "PO" PROFESSIONAL OFFICE 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 AZONING 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 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 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 Z12-12 to rezone the following described property to-wit: being a .725 acre tract of land out of the A. Foster Survey, Abstract No. 518, Tarrant County, Texas (1331 West Wall Street) more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "PO" Professional Office District Regulations is hereby changed to "R-7.5" Single Family District Regulations, all in accordance with Comprehensive Zoning Ordinance No. 82-73, as amended. Section 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 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. 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 e 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. 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