HomeMy WebLinkAboutItem 01 - Z14-02 213 East College StreetTO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR 'gym
MEETING DATE
SUBJECT:
— Grapevine
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APRIL 15, 2014
DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE
CHANGE APPLICATION Z14 -02 LEMOINE WRIGHT
APPLICANT: Lemoine Wright
PROPERTY LOCATION AND SIZE:
The subject property is located at 213 East College
Street and is platted as Lot 4R, Block 31, City of
Grapevine. The addition contains 0.949 acres and
has approximately 157 feet of frontage along East
College.
REQUESTED ZONE CHANGE AND COMMENTS:
The applicant is requesting a zone change to rezone approximately 0.949 acres from "PO"
Professional Office District to "R -7.5" Single Family District for a single family residence.
It is the applicant's intent to rezone the subject site from "PO" Professional Office District to
"R -7.5" Single Family District and utilize the property as his personal family residence. The
existing structure will be partially demolished and reconstructed with a porch that wraps
around the front and the east side of the home. The existing porch at the northwest corner
of the structure will remain. An addition to the north (787 s.f.) and two separate detached
garages (484 s.f. and 1,092 s.f.) are also planned. The total square footage of all
structures and porches with be 6,842 square feet. The applicant received approval of the
proposed layout and building elevations at the Historic Preservation Commission's
February 26, 2014 meeting.
0:\ZCU\Z14 -02.4 1 April 8, 2014 (2:21 PM)
When the property was rezoned at the December 15, 1998 meeting to "PO" Professional
Office District concern was expressed by Council relative to what type of uses could
occupy the structure once it was rezoned. The applicant submitted voluntary deed
restrictions limiting the use of the property to business, professional, and administrative
office uses along with the exclusion of retail sales. As the deed restrictions served to
benefit the City, they can be amended or released upon the written agreement of the City.
Approval of this zone change request and associated ordinance will authorize a
corresponding release of the previous deed restrictions to allow "R -7.5" Single Family
District uses.
PRESENT ZONING AND USE:
The property is currently zoned "PO" Professional Office District and is developed with a
2,928 square foot structure that has been utilized as a professional office.
The subject property was rezoned from "C -2" Community Business District to "CN"
Neighborhood Commercial District and "R -7.5" Single Family District in the 1984 Citywide
Rezoning. The property to the east was rezoned from "C -2" Community Business District
to "R -7.5" Single Family District in the 1984 Citywide Rezoning. This property was later
rezoned (Zone Change Request, Z86 -26) to "PO" Professional Office District. The property
to the west was rezoned from "C -2" Community Business District to "R -7.5" Single Family
District in the 1984 Citywide rezoning. The property to the south was rezoned from "C -2"
Community Business District to "CN" Neighborhood Commercial District in the 1984
Citywide Rezoning. Conditional Use Request, CU93 -08, was approved for this property
allowing the possession, storage, retail sale, and on premise consumption of alcoholic
beverages in conjunction with a restaurant. The subject property was rezoned to "PO"
Professional Office District (Z98 -25) along with deed restrictions limiting the use of the site
to business, professional, and administrative office uses excluding retail sales during
Council's December 15, 1998 meeting.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "R -7.5" Single Family Residential District — single family residences
SOUTH: "CN" Neighborhood Commercial District and "CBD" Central Business
District — various retail businesses
EAST: "PO" Professional Office District — multi- tenant office building
WEST: "R -7.5" Single Family District — Garden Manor Bed and Breakfast
0:1ZCU\Z14 -02.4 2 April 8, 2014 (221 PM)
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 appropriate in this noise zone.
The Master Plan designates the subject property as low intensity commercial. The
applicant's proposal is not in compliance with the Master Plan.
THOROUGHFARE PLAN APPLICATION:
The Thoroughfare Plan designates College Street as a Type E Collector, which requires a
minimum right -of -way of 75 feet to be developed as 4 lanes.
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0:2CU214 -02.4 3 April S, 2014 (2:21PM)
CITY OF GRAPEVINE
ZONE CHANGE APPLICATION
Legal Description: Lot Block 31 Addition (DA- P\,, J,,)
Size of subject property 1* TH acres 9 square foot
Metes & Bounds must be described on 8 Y2 "x 11" sheet
5. Present Zoning Classification C
6. Present Use of Property
7. Requested Zoning District
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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
0:\ZCU\APP-ZN 2 5/99
www.ci.grapevine.tx.us
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10. Describe the proposed use �e-n
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.
FAMIT-11VAM MA7 Ift ��IdYff IMM99M
Public hearings may be continued to the next public hearing. Public hearings will not be
tabled.
'we aw •-wow
city council through the public hearing process.
I have read and understand all of the requirements as set forth by the application for zone
Jr*ayrwfai�-W
the time
• submittal.
11. Signature to authorize a zone change request and place a zone change request sign on the
subject property.
Applicant (print):
Applicant signatu
Property Owner (I
Property Owner s
0:\ZCU\APP-ZN 3
www.cLgrapevineAx.us
The State of T�,-, � c
County of
Before me , (.t' i [ r , a cs kf on this day personally appeared
known to me (or proved to me on the oath of
or through (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 )U*, day of i` r�; � "� , A. D.
SEAL pB
DONA ON
Notary PubIIC
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STATE OF TEXAS
My Comm. Exp. January 24 2017
The State of
County of
Notary Signature
Before me - _ cw' � on this day personally appeared
known to me (or proved to me on the oath of
or through LI-° (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 r _ U) k , A. D.
3U\
SEAL
yu DEB DONAIDSON
Notary Public
STATE OF TEXAS
I "'4;f,pF ±` My Comm. Exp, January 24, 2017
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0:1ZCU\APP -ZN 4
www.ci.grapevineAx.us
Notary Signature
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A-0c,
'A L 0 Orel-vilgDA
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.
Public hearings may be continued to the next public hearing. Public hearings will not be
tabled.
/ have read and understand all • the requirements as set forth • the application for zone
change request and acknowledge that all requirements • this application have been met at
tYe tiHe • sub,wittal.
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Date: d 2�L'
Date: t,z)'I / j / q
0:\ZCU\APP-ZN 5 5199
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MAIL VI iLXAS
COUNTY OF TARRANT
WHEREAS I, Phillips Soles Inc., am the sole owner of a tract of land situated in the William
Dooley Survey, Abstract No. 422, Tarrant County, Texas, and being ail of Lot 4 and the
east 50.00 feet of Lot 5, Block 31, of the Original Town of Grapevine, as recorded in
Volume 309, Page 71 of the Plot Records of Tarrant County, Texas, and being more
particularly described as follows:
Beginning at a 1/2 inch iron rod found for corner In north line of College Street (60'
R.O.W.), at the southeast corner of Lot 5R, Block 31 of the Replat of Lot 5, Block 31 of
the Original Town of Grapevine, according to the plat thereof recorded in Volume 309, Page
71, of the Plat Records of Tarrant County, Texas:
Thence North 00 deg. 20 min. 00 sec. West along the east line of said Lot 5R, a distance
of 264.00 feet to a 1/2 inch iron rod found for the northeast corner of same, said point
being in the south line of Lot 1, Block 31 of said Original Town of Grapevine Plat;
Thence North 89 deg. 32 min. 41 sec. East along the north line of said Lots 5 and 4, a
distance of 155.85 feet to a 1/2 Inch iron rod found for the northeast corner of said Lot.
4; t
Thence South 00 deg. 40 min. 43 sec. East along the east line of said Lot 4 a distance
of 264.00 feet to a 1/2 inch iron rod found for the southeast corner of same, said point
also being in the nor.th line of said College Street;
Themce South 89 deg. 32 min. 40 sec. West along the south line of said Lots 4 and 5,
and the north line of said College Street a distance of 157.44 feet to the Place of
Beginning and containing_ 41,354 square feet or 0.949 acres of land more or less.
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENT, THATPhillips Sale,.s Inc. do hereby
adopt this plot of Lot 4R, Block 31, Original Town of Grapevine, an addition to the City of
Grapevine, Tarrant County, Texas, and do hereby dedicate to' the public use forever the
right —of —way and easements shown hereon. The easements shown hereon, are hereby
reserved for the purposes as indicated. The Utility easements shall be open for all City or
franchised public utilites for each particular use. The maintenance of paving on the
easements are the resposibility of the property owner. No buildings or auxiliary structures
shall be constructed, reconstructed, or placed upon, over, or across the easements as
shown. Said easements being hereby reserved for the mutual use and accommodation of
olipublic utilities using, or desireing to use some. Any City or franchised utility shall have
the full right to remove and keep removed oil or pats of any fences, trees, shrubs, or other
improvements or growths which in any way endanger or interfere with the construction,
maintenance, or efficiency of its respective system on the easements and all City or
franchised utilities shall at all times have the full right of ingress and egress to and from
and upon said easements for the purpose of constructing, reconstructing, inspecting,
potrollirlg, maintaining, and adding to or removing all or parts of its respective system
without'the necessity at any time of procuring the permission of anyone. I have reviewed
the City's findings concerning dedications and I do agree that the statements are true and
correct. This plat approved subject to all platting ordinances, rules, regulations and
resolutions of the City of Grapevine, Texas. �%
Witness my hand this the__-- _°7'3 —day F6'Q� tt, � J_--- - -•
1998:
OWN _
STATE OF TEXAS
lemmREMM
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COUNTY OF TARRANT
'BEFORE ME, the undersigned Notary Public in and for sold county and state, on this day _
personally appeared St$ � �?H�C t � PS_ known to me to be the person whose name ix
subscribed to the foregoing instrument and acknowledged to me that he /she executed the ;< d- 1
some for the purposes and consideration therein, expressed.
Given under my hand and seal of office this the ! 3 - - -day of F� /C✓!ti� �';.,; t
•ACS /TRC* TARRANT Doc: OZOO60953 Date: 03/12/1999 Vol: OOOOOOA Page: 04876 Page: 2 Of 2
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File #: Z14-02
LEMOINE WRIGHT - 213 EAST COLLEGE STREET
a Nil
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• :•erty Owner within 200 feet of the subject tract) or (an interested citizen), I
,,Capp A.ve (protest) and/or (have the following comments)
Property Address:
Lot 7j2 Block __ZJ- Addition
Daytime phone number:._ 2Z 2 --F� 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 Z14 -02 ON A TRACT
OF LAND OUT OF THE WILLIAM DOOLEY SURVEY,
ABSTRACT NO. 422, 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 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 ON
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 Z14 -02 to rezone the following described
property to -wit: being a 0.949 acre tract of land out of the William Dooley Survey, Abstract
No. 422, Tarrant County, Texas (213 East College 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 Declaration of Restrictive Covenants executed commensurate
with Ordinance 98 -148 are hereby authorized to be deleted and removed in their entirety.
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, and to execute the release of said
Restrictive Covenants.
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 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
ORD. NO. 3
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. 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 15th day of APRIL, 2014.
ATTEST:
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ORD. NO. 4
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