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HomeMy WebLinkAboutItem 04 & 17 - Z19-03 815 Ruth Wall RoadTO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: JUNE 18, 2019 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE CHANGE APPLICATION Z19-03, 815 RUTH WALL ROAD APPLICANT: Patrick Gray i t Grapevine Lake co oLe Rol /// i PROPERTY LOCATION AND SIZE. m`'y' I. H. 1635 The subject property is located at 815 RuthWallNorth1 Road, and is currently unplatted. ThepropertyI co* contains 1.231 acres, and has approximately 402 feet of frontage along Wildwood Lane and 227 feet S D ; of frontage along Ruth Wall Road. Hall -Johnson y G Airport 0 a I I IL —1L-1 I Glade Rd. , I REQUESTED ZONE CHANGE AND COMMENTS: The applicant is requesting a zoning change to rezone approximately 1.231 acres from CN" Neighborhood Commercial District to "R-5.0" Zero Lot Line District for the development of four, single-family residential lots. The subject property is a 1.231 -acre vacant, unplatted parcel of land located at the northwest corner of Ruth Wall Road and Wildwood Lane. It is the applicant's intent to subdivide the property into four residential lots, all with access from Wildwood Lane. The smallest lot proposed is 7,974 s.f. and the largest is 19,588 s.f. The largest lot, located at the immediate northwest corner of Ruth Wall Road and Wildwood Lane is compromised by an Oncor overhead electrical transmission line easement, however, the proposed lot's size and the location of the easement will allow for a suitable pad site to be developed. C:\Users\tbrooks\AppData\Local\Temp\Z19-03 Memo_713752219-03 Memo.doc PRESENT ZONING AND USE: The property is currently zoned "CN" Neighborhood Commercial District, and is vacant. HISTORY OF TRACT AND SURROUNDING AREA: The subject and surrounding properties to the north and west were rezoned from "R-1" Single Family District to "CN" Neighborhood Commercial District, "GU" Governmental Use District and "R-7.5" Single Family District during the 1984 City Rezoning. The property to the east was rezoned from "C-2" Community Business District to "PCD" Planned Commerce Development District during the 1984 City Rezoning. The property to the south was rezoned from "R-3" Multiple Family District to "R -MF -1" Multifamily District, "R -MF -2" Multifamily District, and "PRD -12" Planned Residential Development District during the 1984 City Rezoning. At an October 6, 1998 meeting, the property to the south was rezoned (Z98-21) from "PRD -12" Planned Residential Development District to "R -MF -1" Multifamily District for the development of a 278 -unit multifamily complex. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "GU" Governmental Use District—Corps of Engineer property SOUTH: "R -MF -1" Multi -Family District—existing multifamily development EAST: "PCD" Planned Commerce Development District—undeveloped property; former Wagon Wheel Ranch WEST: "GU" Governmental Use District—Corps of Engineer 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: Ruth Wall Road is designated as a Type "F" Collector with a minimum of 60 feet of right-of- C:\Users\tbrooks\AppData\Local\Temp\Z19-03 Memo_713752219-03 Memo.doc 2 way developed as two lanes. Wildwood Lane is not designated as a thoroughfare as shown on the Thoroughfare Plan. C:\Users\tbrooks\AppData\Local\Temp\Z19-03 Memo_713752219-03 Memo.doc ompany Name Address ?0/ t11A1rPc.-X5 e ag4- city ---.--,—State Zip 9. Mini m u m/ M axi mu m D istrictr req uested zoain". c i 2,* VI 6 0 1 9 a+.•:.v .r....e w+ivr• Yy a+•w+r.e.y .1w... . vw• -.ovn •rrx. •R+ .:•rM.k•.9 10. Descdbe the proposed use Atle !;- lGG _JCy 12'rS1PralC_irs All Zone Change Requests are assumed to be complete when filed and will be placed on the agenda for public hearing at the discretion ofd staff. Based on the size of the agenda, your application may be scheduled to a later date. wAllpublicheanngswillbeopenedandtestimonygivenbyapplicantsandlonterestedcitizenry, Public hearings mav, be continued to the next public hearing, Public hearings will notbeaf tabled. Any changes to a con cep t plan approved With a zone change request can only be approvedbyitcycouncilthroughthepublicheafingprocess. 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 thi's application have been metatthetimeofsubmittaL Signature to authorize a zone change request and place a zone change request sign on the subject property, Applicant (print}: e4se- Applicant signature: Property Owner (print): k v-rI.. W, Property Owner signature., 0AZ,CLAAPP-ZN 3 www.d.graPevine_tx.us 5/99 Ict -03 The State of '7e -X!: -a Co u qty of --Jc s Before m on this day personally appeared known to me (or proved to m e on the oath of dead"pfiorthroughiion 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. County of Given under my hand and seal of office this d a y 0 A. D. SEAL Notary Signature M A Y OAZC U APP-ZN www.cLgrapevine.tx,us CT `Os Low ACKNOWLEDGEMENTWwwMaMMM AH Zone Change Request are assumed to be complete when filed and will be placed on the a endafor9 pubfic hea F nng at the discretion of the staff. Based on the size of the agenda, your application may be scheduled to a later date. All public heafings 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 aH of the requirements as set forth by the application for zone change request and acknowiedge that all requirements of thi's application have been met at the time of submittaL Signature of Applicant Date: 4 S'nature ofOwner19 Date.- A V wy 0-'2CLJ%APP-7-N 5 5Ww&w.d.grapevhe.tx,us THENCE S 4 5 * 3 9 '2 9 " W leaving so id Ruth Wall Road and to the north right—of—way line of Wildwood Lane a distance of 20.31 feet to a 1/2' 'iron rod set with a ' TQ Burks #5509" cap, THENCE N 58014'02" E leaving said north right—of—way and along said USA property a distance of 483.94 feet to a 112 it rod set with a TQ Burks 5509" cap in fln-o-, west I'Me of said Ruth Wall Road, THENCE along sold curve and right—of—way 'in a southerly direction a di"stonce of 107. I I feet to a 11/ 2 ' it rod set with a " TO Burks #5509 " cap a THENCE S 01* 15116' W along said right—of—way a distance of 75J8 feet to the P0:1 :.:: nt...,of ...I*..In. n-P. and (4-1- o n t a min in all 53-,..,636 1,, 23 1 ocres of r.. 17. n- ORDINANCE NO. 2019-035 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, GRANTING ZONING CHANGE Z19-03 ON A TRACT OF LAND OUT OF THE A. F. LEONARD SURVEY, ABSTRACT NO. 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; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM “CN” NEIGHBORHOOD COMMERCIAL DISTRICT TO "R-5.0” ZERO LOT LINE 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 Ordinance No. 2019-035 2 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 Z19-03 to rezone the following described property to-wit: being a 1.231 acre tract of land out of A.F. Leonard Survey, Abstract No. 946, Tarrant County, Texas (815 Ruth Street), more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned “CN” Ordinance No. 2019-035 3 Neighborhood Commercial District is hereby changed to “R-5.0” Zero Lot Line District, 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 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. Ordinance No. 2019-035 4 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 18th day of June, 2019. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: City Attorney 0 10 20 30 50 100 SCALE IN FEET 1 INCH - 30 FEET CONCEPT PLAN prove DOL Hoa M T22.ant Ce 1 2'37'56" 965.00' 44.33' 17' 44.33I S 5"M 2 5'55'45" 1 1035.00' 1107-11-153.60-1107.06-1 S 4'13'10"N USA CORPS OF ENGINEERS V.2397.P. 121 D.R.T.C.T. TRACT NO. A-20 USA CORPS OF ENGINEERS N V.2397,P. 121 D.R.T.C.T. i TRACT NO. A-20 / 14, 96 SF 0.3 ACRES 25' BL I I 9A 61,x/ EO KANE E lNlf 1A OZ / / / INST--#0213. Lot 1 1 w Lot 2 7, 974 SF 0.183 ACRES I L _ -1 _ 25' BL''.. 1 218.45' 1 S89 9'59'E 1 52.00' 1 52.00' 112" 1ASC ... 7... __ M S 89 ' 17 00 ' ' W 401.98 N L-1437 SF ROW DED. WILDW- 0D LNC ZONING MAP i `. J JJ JJ J ter` ! rr J' p J