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HomeMy WebLinkAboutItem 05 & 25 - Z17-08 East Wall Street TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR :kz5:-- MEETING DATE: OCTOBER 17, 2017 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE CHANGE APPLICATION Z17-08, 813& 817 EAST WALL STREET I• 1-r Grapevine cp. APPLICANT: David J. Smith , Lake f Ve� I.H.1635 NOrthw- PROPERTY LOCATION AND SIZE: ods he, ' , �� r The subject properties are located at 813 and 817 `' East Wall Street and are proposed to be platted as ' sy ADpot Y Lots 1 and 2, Block A, Smith Wall Addition. The Hall-Johnson iso properties contain approximately 18,074 square feet LJ _ ° _ (0.414 acres) and have 131 .93 feet of frontage along � P. Glade Rd. ' East Wall Street. O REQUESTED ZONE CHANGE AND COMMENTS: The applicant is requesting a zone change to rezone 0.414 acres from "HC" Highway Commercial District to "R-7.5" Single Family District for the development of two single family detached residential lots. It is the applicant's intent with this request to develop two, "R-7.5"Single Family District lots on the subject property that meet all the requirements of the ordinance. PRESENT ZONING AND USE: The properties are currently zoned "HC" Highway Commercial District with the western lot developed with a single story dwelling and the eastern lot undeveloped. O:\ZCU\Z17-08.4 1 October 9,2017(4:25PM) HISTORY OF TRACT AND SURROUNDING AREA: The subject and adjacent properties to the north, east and west were zoned "C-2" Community Business District prior to the 1984 City Rezoning. The property to the south was zoned "R-1" Single Family Dwelling District prior to the 1984 City Rezoning. East of the subject site the City Council at the January 18, 2005 meeting approved Conditional Use Permit CU04-43 (Ord. 2005-06) to allow for a restaurant with drive-through service. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "HC" Highway Commercial District—DFW Stereo SOUTH: "R-12.5" Single Family District—D.E. Box Addition, residential property EAST: "HC" Highway Commercial District—Chicken Express WEST: "HC" Highway Commercial District—residential property AIRPORT IMPACT: 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. 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 East Wall Street as a Type F Collector with a minimum of 60-foot right-of-way developed as four lanes. /at O:\ZCU\Z17-08.4 2 October 9,2017(4:25PM) l ■ R-M F-2 • 1 •■ ■ ■ . ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ i ■ ` 1R1 1R1 2 21B1 3R1B2 m 9.261 @ '9@ 1.431@ 4 CC .691 @ v�PN Z1 B1 n 0 3R1B2 ; 4 1R1 1 R1 A GSEGoNN 2 9 a� ��R 1.431 @ 691 @ `N ND Ci PQM 1 9.261 @ GEN 80 \ER Ca A 1,x$55 31� C 3A�0 3 , 1A 1 Ci�``_4 ' TR 51B 7 TR 51E (ERN TR 5AC F TR 51G �VI� g0 1.39 @ S 2A MP` kOr et 1 .45 @ ix .5 AC YES \N .5 AC ��$ � Ps \- O PCO i 1■ 5a32 ; S i - ' HC 1 sks G vNAO 5 _:. $ 2 3 I EL?%.- Q R51C2 :mU mUQ m, �� wUQ Q610 LLQ tna ' ocr- A3 re,, .30@ tom `nR _N m 1 N a'N .•: aY,ro; ii ■ t ■ ■ ■ ■ ■ ■ ■ ■11 ■'/ ■ ■ i ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ U:::::::::: U.., 1, . ._ R-5.0 -_ _ - { so■ o 0 0{o 0 0 Ill .i 3 4 5 6 7 9 10 ■• o00 0" ■ 1 1 101 1 ■ P� - p ■ 1 1 2 I 1 1 2 3 ii 4 5 6 i 7 8 Estill' ■+;1,00 p9G GO,.100 _is I i 1 ■ ■ • ■ ■7- ------- -- , 1 i Off` I 6 •aO O O ,,1404‘• _ _ - 1 1 R 3 4 5 ' ■ 02D O `, r� ` ---__. •s Sao N . :/192 ■ 3 2R 6R ■ai /107- 2R- ■ I I 4 I i 9 1031 I ■ p-M.-F' F-2 4 i 16 15 14 13 12 11 10 1 R IVI • J :'■ ■ ■ ■ ■ a • 1 -12.5 -7.5 0 1 2A 1_ ■ i • t. -- 3A '3 � 9 10 ; 11 is 12 R i 5 ------� -- _.—..._.1_ 5 f 5 ' 6 - TEXAS -ST 1A + 1 i • 1 0 -i : 6 - - - I E TEXAS Texas ■ CO 1 2 3 4 5 6 i 7 8 i ii 1R ;3 14 '5 6 7 i 1 9 10 !11 i ■N. 13R■ �' 107 I 107 ■ • 2 g_ J i I ---I •■ ■ ■ ■ • ■• . ■ —6 i I 4 ! i 109 • 3 ! i I 09 ' N • i is �5 14 13 12 i 11 10 9 Feet 0 100 200 300 400 .GRA_Ah r Z17-08 -T E .•KiA s • 'a; w E 813 & 817 East Wall Street This data has been compiled by the City of Grapevine IT/GIS department Various official end unofficial sources were Date Prepared: 10/2/2017 used to gather this information.Every effort was made to ensure the accuracy of this data.however,no guarantee is given or implied as to the accuracy of said data. Z. V7O2? CITY OF GRAPEVINE ZONE CHANGE APPLICATION 1. Applicant/Agent Name 24 '2i Company Name //e...\.7.Address - KJ r C49 5'7: City 6;*pee l//'- State Zip 7605--/ Phone# q j 7 7/ - a,Z 6 / / Fax# Email Mobile# 2. Applicant's interest in subject-property Ca / I (fes lr �e -�c / 171 hue, 3. Property owner(s) name �/g sf/1 Address 54.4127 City State Zip Phone# 57i .71/. Fax# 4. Address of subject property f/f fi cz/ 7 ' 09 -rt; Legal Description: Lot Block Addition � /4 47( 7 f' T e cr L l Size of subject property acres square foot Metes & Bounds must be described on 8 1/2 " x 11" sheet ' q rtG A e i 5. Present Zoning Classification (Lii F,1t 1CiQ l 6. Present Use of Property .fI(7 /5 /VJ c1C,,74 J yl? /5 11 q Chit T ,I 7. Requested Zoning District i- r .5 8. 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 /T lti y L) fti Li: �;i 1111 rflA(1G292017 O:\ZCUTAPP-ZN 2 e —___ 5/99 www.ci.grapevine.tx.us ---�` zrio e 10. Describe the proposed use All Zone Change Requests are assumed to be complete when filed and will be placed on the agenda for public hearing at the discretion of the staff. Based on the size of the agenda, your application may be scheduled to a later date. All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the next public hearing. Public hearings will not be tabled. 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. 11. Signature to authorize a zone change request and place a zone change request sign on the subject property. Applicant(print): 3Q JJi c/ ( ek Applicant signature: 4 • • i Property Owner(print): r) • J i Property Owner signature: AP/ _ �✓ ! i ' I.E. Ps SEP 05 "— /Ail/ " fay---- O:\ZCU\APP-ZN 3 5/99 www.ci.grapevine.tx.us Z7o - 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. I have read and understand all of the requirements as set forth by the application for zone change request and acknowled that all requirements this application have been met at the time of submittal. Signature of Applicant Date: 7 Signature of Owner Date: D ' 7 x' 4, •J .:r a 1_;, Li; I4 l';: , SEP 052017 U;11 Li O:\ZCUWPP-ZN 5 5/99 www.ci.grapevine.tx.us e SEE ATTACHED LEGAL tsE4M/L;SBASEDOVDEED CAMS MAS0UD S�lDEGHIAN ZrROPETYLIJTY ��" T' Vol. 12760, Pg. 578 rnoF�rrr car rELD As cornrac+_ NST55'E DIRECTIONAL CONTROL LINE POST 65.82' I i Ir- 1 TRACT 21 i �4 CD 1 CO 0 II tz0 a Q, O co V3 W ij L6 Vj tt to — 36-2 `< CU ONE STORY tFRAMEr� cYD I I o RESIDE14CE ,zo — N 7•:3' 10.8' SRS 6582 i_ s S0* 817 EA S SAVE AND E: USED FO) POINT OF BEGINNING FOR TRACT 2 DATE: 10-07-1999 SURVEY NO.: 9910247 G.F.: 112862 SCALE: I inch = 20 feet PURCHASER: Gerschick SELLER: Conklin LEGEND S.R.F. o STEEL ROD FOUND s.Rs. • STEEL ROD SET �- PROPERTY LINE WOOD FENCE x r CHAIN LINK FENCE P -P- • POWER POLE E — OVER HEAD ELEC. LINE CONCRETE 65.82' TRACT STEEL rr-1E / FOorFFrocE sns t71 o I O Q to toy N Q, d o nu IOi I � . d I 11.1 O] 07 "R� �O W CJ7 -0-4 CD ILUQ cL Q V Q .tL�> �n ' vl O N I > -"-S _ _ 65.82' _ POINT OF BEGINNING FOR TRACT 1 enc S TEA1 0 r3 Mf1 The undersigned does hereby certify that this survey was this day made on the ground of the property legally described hereon and is coned and That there are no discrepancies, rnnllicls, encroachments, overlapping of improvements, visible easements or rights of way, except as�shovm hereon and that said property has access !o and from a dedicated roadway. Any reference to the 700 year flood plain or flood hnxard zones are an estimate based on data shown on the Flood Insurance Rale Map provided by FEMA and should not be interpreted as a stutly or determination he flooding propensities of This property- A., roperty. �-;�'� t x -,� • , �->, THOMAS . VOGT ftC-GISTL-RCD PROFESS tpNALt�\ND SUrtVL-)'OR 1923 ' S THpI:i:1S REGISTL-RED PROFESSIONAL ENGINEL•R 4Sh2? 1701 OnKNOOD �;tl-•-�� i"=•`� '�c;� IlnLroracrn•.TEXAS i61t7 rnx ($I' ),sig-ctrz:l COPYRIGHT 1909 - TIIOVIAS W. VOLS , ORDINANCE NO. 2017-074 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 Z17-08 ON A TRACT OF LAND OUT OF THE A.F. LEONARD SURVEY, ABSTRACT 946, 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 (813 AND 817 WEST NASH STREET); ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "HC" HIGHWAY COMMERCIAL DISTRICT TO "R-7.5" SINGLE FAMILY DISTRICT; 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); 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 and 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 as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby amended and changed by Zoning Application Z17-08 to rezone the following described property to-wit: being a 0.414 acre tract of land out of A.F. Leonard Survey, Abstract 946, Ordinance No. 2017-074 2 Tarrant County, Texas (813 and 817 East Wall Street), more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "HC" Highway Commercial District Regulations is hereby changed to "R-7.5" Single Family District Regulations, all in accordance with Comprehensive Zoning Ordinance No. 82-73, as amended. 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. 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 Ordinance No. 2017-074 3 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 17th day of October, 2017. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney Ordinance No. 2017-074 4 i EXHI EI T "A" TRACTA ( (. / l ` 'i4 BEING a tract of land out of the A. F. LECNAFD SURVEY, Abstract #946, situated in Tarrant County, Texas and further described by rites and bounds as follows: RP;IINING at a point in the South line of said A. F. LECNAR) SURVEY and the center line of Coppell Street, (a 60 foot street) , 398.3 varas or 1106.377 feet, West of the Southeast corner of the said Leonard Survey; THENCE North at 50 feet to a stake in the North line of Coppell Street, in all 165.55 feet to a stake; THENCE South 89 deg. 55 min. hest 65.82 feet to a stake; THENCE South 135.45 feet to a stake in said North line of Coppell Street in all 165.45 feet to a point in the South line of Leonard Survey in center line of Coppell Street; THENCE Fast 65.82 feet along said South line of Leonard Survey to the Place of teginning. �� q9 a �.r TRACT £ s i ^ 1 11 11-'A L L FflTI;G a tract of land out of the A. F. LFXNAJC) SURVEY Abstract #946, situated in Tarrant County, Texas, and further described by metes and bounds as follows: EEGI? ING at a point in the South line of said A. F. Leonard Survey, and the center line of Coppell Street, (a 60 foot street) , 422 varas Wast of the Southeast corner of said Leonard Survey; THENCE North at 30 feet to a stake in North line of Coppell Street all 165.45 feet to a stake; THENCE South 89 degrees 55 minutes West 45.82 feet to a stake; THENCE South 135.55 feet to a stake in the said North line of CoFn31 Street, in all 165.35 feet to a point in said South line of Leonard Survey and center line of Coppell Street; THENCE East 65.82 feet along said South line of saidrvey to the place of beginning and being the West onehalf (W1/2) of that certain tract of land deeded to Cameron Roofing Company by Warranty Deed dated April 9, 1950, as recorded in Volume 2197, Page 285, Deed Records, grant County, Texas, SAVE AND EXCEPT that portion used in roadway; and being the same property conveyed to F. J. Altick herein by R bort L. Taylor and wife, Sharon D. Taylor, by deed dated Octol r 4, 1971, recorded in Volume 5125, Page 948, Deed Records, Tarrant County, Teas.