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HomeMy WebLinkAboutItem 04 - Z20-02 212 East Texas StreetTO: FROM: MEETING DATE SUBJECT r ---I i i ------------� Grapevine Lake Doe al01 I HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION BRUNO RUMBELOW, CITY MANAGER J. SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MAY 19, 2020 DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONING CHANGE APPLICATION Z20-02 r. APPLICANT: City of Grapevine PROPERTY LOCATION AND SIZE: The subject property is located at 212 East Texas Street and platted as Lot 1, Block 36, City of Grapevine. The property contains 8,353 square feet (0.192 acres) and has 66 feet of frontage along East Texas Street. REQUESTED ZONE CHANGE AND COMMENTS: The applicant is requesting a zoning change to rezone 0.192 acres from "CBD" Central Business District to "R-7.5" Single Family District for an existing structure. Late in 2017 this property was purchased by the City in order to maintain access to a City parking lot immediately adjacent to the south. After the sale, the property was re -platted separating the structure for future sale while retaining and platting access to the City parking from East Texas Street. At the November 19, 2019 meeting the City Council approved a historic overlay on the subject property. The property as platted meets all requirements of the "R-7.5" Single Family District; the purpose of the zoning request is to transition the use of the property from previous office uses to a residential use pending a current contract on the house to be used as a residence. PRESENT ZONING AND USE: The property is currently zoned "CBD" Central Business District and was previously used as an office. HISTORY OF TRACT AND SURROUNDING AREA: The subject property and the surrounding properties to the north, south, east, and west were zoned "C-2" Community Business prior to the 1984 City Rezoning. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "R-7.5" Single Family Residential—First Baptist Church SOUTH: "CBD" Central Business District—public parking lot EAST: "CBD" Central Business District and "R-7.5" Single Family District public parking lot and nonconforming multifamily structure WEST: "CBD" Central Business District—law offices 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/is not an appropriate use in this noise zone. MASTER PLAN APPLICATION: The Master Plan designates the subject property as a "CBD" Central Business District land use. The applicant's proposal is not in compliance with the Master Plan. /rs G6 R-7.5 Q TR 60A1 CO � TR 59 0 .258 @ .5 AC ,6 B C TR 60A1A TR 60C 14 @ .082 @ CB � 1 1 � �3 1A Feet 0 50 100 150 200 ,GR VINES N ?-T F. t S� A WQ pE t a Date Prepared: 5/4/2020 4 HGT 1A 7.04 @ TR 61 .43 AC � TR 61A .37 AC R 7, i5B I 5A Z20-02 212 E Texas Street TR 6261 .28 AC TR 62A I .3 AC This date hes been compiled by the City of Grapevine ITlGIS department. Various official and unofficial sources were used to gather this information. Every effort wee made to ensure the accuracy of this data, however, no guarantee is given or implied as to the accuracy of said data. PART 1. APPLICA�T1NFaRFJAATIPCN- ApplicantName: CITY OFGRAEVINE Applicant Address: r P 0 BOX 95104 City/State/Zip FGRAPEVINE, TX 76099 Phone No. 817-410-3155 Fax No. CITY OFGRAPEVINE ZONE CHANGE APPLICATION Email Address F Mobile Phone Applicant's interest in subject property OWNER PART 2. PROPERTY INFORMATION Street Address of subject property 212 EAST TEXAS STREET Legal Description: Lot F 17 Block 36 Addition CITY OF GRAPEVINE Legal description of subject property (metes & bounds must be described on 8 1/2" x 11" sheet Size of subject property: acres 0.192 square footage Present zoning classification CBD Central Business District Requested zoning district R-7.5 Single Family District Present use of property VACANT- PREVIOUSLY OFFICE Proposed use of propertyRESIDENTIAL 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 Owner CITY OF GRAPEVINE Prop Owner Address P 0 BOX 95104 City/State/Zip , GRAPEVINE, TX 76099 Phone No. 817-410-3155 Fax No. ❑ All Zone Chage Requests are assumed to be completed when tiled 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 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. ❑ 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 Lt M Print Applicant's Name Applica 's Signature The State of[ I e �a S County of _ CL o 4— j42) Before me (notary) his day personally appeared (applicant) UnDlcttm Le To 0 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 t A.D. ppr PUAr� SUSAN BATTE Notary Public * *, State of Texas �yMyComm EExpires06-A23-2021 Print Property Owner's Name The State of iCaS County of �- - —Fa c r cii, in i J,4aK Notary In and For State of F eras Property Owner's Signature Before me (notary) �� n .}-(-� on this day personally appeared (applicant) t to(o 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 r i A.D. r Aga SUSAN BATTE Notary In and For State of (CT K 1q Notary Public * * State of Texas ID # 324575-9 My Comm. Expires 06-23-2021 r"r3MCrTX11e- Legal Description for 212 E. Texas Street Lot 1, Block 36, Original Town of Grapevine, an addition to the City of Grapevine, being situated in the W. Dooley Survey, Abstract No. 422 as filed in instrument number D219048329, Plat Records of Tarrant County, Texas. Metes and Bounds Description COMMENCING at a 5/8" iron rod found being the Northeast Corner of Lot 2, Block 36 of the Original Town of Grapevine, an Addition of the City of Grapevine, Texas as recorded in instrument number D219048329, Plat Records of Tarrant County, Texas. THENCE S 89 degrees 13 minutes 25 seconds W, along the north line of Lot 2, also being the south ROW line of E. Texas Street, 30.05 feet to a PK nail in asphalt found for the Northeast corner of Lot 1, Blk 36, said point also being the Point of Beginning; THENCE S 01 degrees 14 minutes 53 seconds E, 124.02 feet to a PK nail in asphalt found for the Southeast corner of Lot 1, Blk 36; THENCE S 89 degrees 07 minutes 34 seconds W, 68.77 feet to a 5/8" iron rod found with CAP stamped `TNP' for the Southwest corner of said lot: THENCE N 00 degrees 03 minutes 43 seconds W, 124.15 feet to a 5/8" iron rod found for the Northwest corner of said lot, said corner also being in the couth ROW line of E. Texas Street; Thence N 89 degrees 13 minutes 25 seconds E, a distance of 66.20 feet to the POINT OF BEGINNING and containing 8,353 square feet or 0.192 acres of land. ORDINANCE NO. 2020-024 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, 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 Z20-02 ON A TRACT OF LAND OUT OF THE W. DOOLEY SURVEY, ABSTRACT 422 (LOT 1, BLOCK 36, CITY OF GRAPEVINE; 212 EAST TEXAS STREET) 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 "CBD" CENTRAL BUSINESS 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); 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 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: Ordinance No. 2020-024 2 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 Z20-02 to rezone the following described property to -wit: being a 0.192 acre tract of land out of the W. Dooley Survey, Abstract 422, Tarrant County, Texas (Lot 1, Block 36, City of Grapevine; 212 East Texas Street), more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "PID" Planned Industrial Development District Regulations is hereby changed to "CC" Community Commercial 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 Ordinance No. 2020-024 3 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. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 19th day of MAY, 2020. APPROVED: William D. 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