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Home My WebLink AboutItem 11 - West Wall StreetMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER V' MEETING DATE: NOVEMBER 20, 2012 SUBJECT: ZONE CHANGE APPLICATION Z12 -12 RECOMMENDATION: Staff recommends the City Council approve Zone Change Application Z12 -12 on the second reading of an ordinance, and take any other action necessary. BACKGROUND: Zone change application Z12 -12 was initially considered by the City Council and the Planning and Zoning Commission at the October 16, 2012 meeting relative to rezoning approximately .725 acres from "PO" Professional Office District to "R -7.5" Single Family District for the development of two residential lots. The applicant also was requesting to remove the subject property from the Yancy Farmhouse Historic Subdistrict Overlay. 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 City Council approved both requests on the first reading of an ordinance pending consideration by the Board of Zoning Adjustment at their November 6, 2012 meeting. The Board of Zoning Adjustment at their November 5, 2012 meeting approved variances of 15' and 20' allowing buffer areas of 20' feet along the northern property line for the proposed Lot 1 and the western property line for the proposed Lot 2 and 25' along the northern property line for the proposed Lot 2. 0:1ZCU1Z12 -1 2.41 November 13, 2012 (4:56PM) i A 1 2 3 4 m 1A A i 1B R3 2R3 2R2 2R2 1 2R1 3 3 o > 4 L ---- : — 5 13R 12R 11R 1QR 9R S HE Ifl Z 12-12 1331 West Wall Streej - mm TRSRIC +' 25R TR 9R2 .643 AC .. .. - , , _ 13R 12R 11R 1QR 9R S HE Ifl Z 12-12 1331 West Wall Streej - mm NWW`=(T�rL�L�jr UQ1 2 FFF LCd A l gig, A7 a wt mw•w !1166 r4.1 �5 �� €� tls �� ?i 9Q�g 5 $� S 8 i � 6� �[p� 11M ¢ ER a S$ ¢fig. S Ad to to =$ w Vv = ab8 3 yybSxi a it� B 75., !TY1 � � ,�a1 �Pa ��! a �Y 8E� 869 S! g$ b$£ a! Q ! i a n $ R II/ —� #��o \ �F (YYY .a•i Mm a WDm Wm •' �„�� lMEa00'E ali7 � �� Qj �0 -gym t a N p r• g J ° ' 1 €Cg its J - 3 M . - exagi$r dill � � "aa5s A � ¢¢§e;� Se8 e1l� a�gi "a89eF � 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 ATRACT 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 AND REMOVING THE SUBJECT 0.725 ACRES FROM THE YANCY FARMHOUSE HISTORIC SUBDISTRICT OVERLAY; 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; 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 considerthe 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: ORD. NO. 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 Z12 -12 to rezone the following described property to -wit: being a 0.725 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 and removed from the Yancy Farmhouse Historic Subdistrict Overlay, 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 forthe 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 this ordinance shall become effective from and after the date of its final passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this first reading on this the 16th day of October, 2012. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on second and final reading on this the 20th of November, 2012. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. 4