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HomeMy WebLinkAboutItem 04 - Z07-06 Scott NortonZone Change Application Z07-06 Scott Norton 706 East Wall Street PRESENT ZONING AND USE: The property is currently zoned "R -MF -2" Multifamily District and has a single family detached residence and a detached garage on site. HISTORY OF TRACT AND SURROUNDING AREA: The subject and adjacent properties to the east and south were zoned "R-3" Multiple Family Dwelling District prior to the 1984 City Rezoning. The property to the west was zoned "R-1" Single Family Dwelling District prior to the 1984 City Rezoning. The property to the north was zoned "C-2" Community Business District prior to the 1984 City Rezoning. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "HC" Highway Commercial District unplatted single family property SOUTH: "R -MF -2" Multifamily District—platted abandoned commercial property EAST: "R -MF -2" Multifamily District —unplatted single family property WEST: "R-7.5" Single Family District—platted single family 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. In Zone A, few activities will be affected by aircraft sounds. The applicant's proposal is an appropriate use in this noise zone. MASTER PLAN APPLICATION: The Master Plan designates the subject property as a High Density Residential land use. The applicant's proposal is not in compliance with the Master Plan. THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan designates East Wall Street as a Type E Collector with a minimum 65 -foot right-of-way developed as two lanes. /at 0:/ZCU/Z07.06.4 2 May 7, 2007 (9:32AM) 204 --------- ------- TFR 401 32 24 120 CC Fl� -- ----- w ENWAY 3R 4 5 5 Q 801 12858G 3 I 1 7 I j 701 721 751 2 �,I &O�� I 3R 4 Q1 I d 5 5 V�`fGOV4 Opo CpAC. E NUR I HWEST HWY 6N TR 51 E R 51F 3A 506 1 �OSS!�� I : — -A Pia L22 '45 OT I 4 726 — 8N TR 51G 1 706 25x3 ��PK HC 16 P1 828 520 TR GU L36 28 L) TR I ITR TR �TR TR 1E1 1 IG1 51G1A TR 5 ly FlA I FF HC X x 51E2 Nb -L 501 5-11 521 Ap Zol 1 �- �703 721 L27 803 3 1,17 1 701 1it i 717 3 7 03N PT Y4 I P10, 2 8 ]3 617 0 2 �j !I �Li — 101 6 — 1 1 2 §2 2. M1509 1PO I L1_7 525 210 1 A 1 728 736 :Oz 1 14 _LO 'L_ rra t Count SPT 018 2091 & 2 106,39 ESI ILL ST 1" 1 - I -------------- — — ------ ■ R — -N-PT— PT 1R PT 7&8 �3 4 5 67 2-18- 22' 3 4 5 22018 10 11 1212 LI -8 3 614 620 9 -2 — -2 2 512 518 —2R 1 223 103 13 --r102 225 103 6, & 7 225 Z 4 — 224 224 1R 7& 05 051i , : i i 1 713 229 5 6 i 232 2 3 4 5 6 11 7 X 9705 107 11 1 12R 230 5 235 235 617 625 621 517 523 i 235 717 R -MF - 23. 1 /?vI i 234 -7.'5 ETEXAS AMF "), 3 G0 31" A 106 122 514 2 31lob ��13 4 5 16� 5LI7 21 503 0 1 inch equals 200 feet 1R �3 �4 I5 16 17 602 610 071", j618�616 614 3 � 4 � 5 6 7 M 617 M 625 730 9 1077 11 13R 308 1 708 07 794 7,8 2 R-7.5 312 6 1 16 15 14 E TEXAS ST R-12.5 1 808 � 4 820,1 2-6w --16ID I 318 3 807 813]� 8— 821 705 A �2 13 —1 i 11 z 17 324 4 16 15 14 13 3T MMOMFOMMAN■ 1115 730 115 730 1 814 �L — B20 i 628 1 2 L 4 373 7 CITY OF GRAPEVINE ZONE CHANGE APPLICATION 1. Applicant/Agent Name Company Name Address qO, :b - o -u S+ceei- city G State Zip Le b�A Phone# Fax # Email -, Mobile # 2. Applicant's interest in subject property _(,.U3 rV--Y- 3. Property owner(s) name Address City State Zip Phone # Fax # El 91 M 7 Address of subject property q bU Eo (,A &AI � �- Legal Description. Lot C). Block Additiono-Dile-of- H 2 kfS,1VkdiV- Q Size of subject property 0 — acres — 1115 V _ square foot Metes & Bounds must be described on 8 Y2 "x 11" sheet Present Zoning Classification —M F- ;a Present Use of Property _C 0 n ci e-rn nej Requested Zoning District.. -R- 57. 0 8. The applicant understands the master plan designation and the mast restrictive zone that would allow the proposed use is LoLi c�ens+-t, 9. Minimum/Maximum District size for requested zoning V APR 2 2007 0:\ZCU\APP-ZN 2 www.ci.grapevjne.tx.us Y- 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): Applicant signature: Property Owner (print) UCr-�OY-) Property Owner signature: O:\ZMAPP-ZN 3 5/99 www.a.grapevine.tx.us -7 - The State of County Before me E m�m`, Q- -T &W � n % on this day personally appeared t3 (( E2 1:-1rfi-;,.jc, known to me (or proved to me on the oath of or through 'rte L- DCo e r, SC -P -A3 e_ (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`'� , A.D. aOD-7 SEAL ota �SigntaWQ4�-2��'� EMMIE J. No "° ING Notary Public, StaVte oC Texas My Commission Expires Deaernber 06, 2009 The State of��O-S County of71-0-f-QY r Before me m, e 3 on this day personally appeared known to me (or proved to me on the oath of or through Df;"Q(' "ce -P (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 i , A.D. tam SEAL �s`t Not ignature EMMIE J. EWING ty "F Notary Public, State of Texas O:�ZCUIFORMS�APP.ZNCP:dc�c `rF 'jE�;`c My Commission Expires 3/14/2006 2�3� '����u+�``` December 06, 2009 70-7-0(-0 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. Any changes to a concept plan approved with a zone change request can only be approved by city council through the public hearing process. 1 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. Signature of Applicant Date: Signature of Property Owner Date: H 2- ©`j APP 2 200? 0AZCU\F0RMS\APP.ZNCP.doc m k 3/14/2006 M PROPERTY DESCRIPTION Being Lot 9, Block 101 and part of a closed street, College Heights, an Addition to the City of Grapevine, Tarrant County, Texas, according to the Plat recorded in Volume 310, rage 13, Deed Records, Tarrant County, Texas, and being more particularly by metes and bounds as follows: BEGINNING at a point on the south line of East Wall Street (Coppell Road per plat) and the east line of Wood Street, and being the northwest corner of said Lot 9; THENCE East, along the south line of said East Walt Street, a distance of 50.00 feet to a point, said point being the northwest corner of Lot 10, aforesaid Block; THENCE South, departing the south line of said East Wall Street along the west line of said Lot 10, a distance of 150.75 feet to a point; 44 THENCE West, a distance of 50.00 feet to a point, said point being on the east line of aforesaid Wood Street; THENCE North, along tai 11 west line of said Wood Street, a distance of 150.75 feet to the POiNT OF BEGINNING4-G -,-twining 7,538 sgpare feet or 0.173 of one acre of land. THIS IS TO DECLARE that on this date a survey was made on the ground, under my direction and supervision of the above described tract of land. There are no visible conflicts, visible evidence of easements or rights-of-way, or protrusions, except as shown, and that this date the easements, rights-of-way or other locatable matters of record of which the undersigned has knowledge or has been advised are as shown or noted hereon. The subject property does not appear to lie within the limits of a 100 -year flood hazard zone according to the Map published by the Federal Emergency Management Agency, and has a Zone "X" Rating as shown by Map No. 48439CO205 H, dated AUGUST 21 1995. The statement that the property does or does not lie within a 100 -y -e -Or flood zone is not to be taken_ as o representation, that the .property will or will not flood. This,,su_r._vey is not to be - used for construction purposes and is for the exclusive use of Commonwealth Title only and this survey is mode pursuant to that one certain title commitment under the GF number 2345000080, provided by the title company named hereon. NOTES= CM = CONTROLLING MONUMENT. THIS SURVEY 15 AFFECTED BY THE FOLLOWING: (10c) -AIRPORT ZONING ORDINANCE NO. 71-100, VOL. 7349, PG. 1106, R.P.R.T.C.T. THE BEARINGS FOR T1415 SURVEY ARE BASED ON DEED RECORDED BY INSTRUMENT NO. D205099172, D.R.T.C.T. COPYRIGHT © PRECISE'LAND SURVEYING, INC. ALL RIGHTS RESERVED. NO PART OF THIS DRAWING MAY BE REPRODUCED BY PHOTOCOPYING, RECORDING OR BY ANY OTHER MEANS, OR STORED, PROCESSED OR TRANSMITTED iN OR BY ANY COMPUTER OR OTHER SYSTEMS WITHOUT THE PRIOR WRITTEN PERMISSION OF THE SURVEYOR. COPIES OF THiS SURVEY WITHOUT THE ORIGINAL SIGNATURE IN BLACK INK ARE NOT VALID. APR 2 2007 t f` i 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 Z07-06 ON A TRACT OF LAND OUT OF THE E. MOORE SURVEY, ABSTRACT NO. 1029, 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 "R -MF -2" MULTIFAMILY DISTRICT REGULATIONS TO "R-5.0" ZERO -LOT -LINE 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 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 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 ORD. NO. 2 as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby amended and changed by Zoning Application Z07-06 to rezone the following described property to -wit: being a 0.173 acre tract of land out of the E. Moore Survey, Abstract No.1029, Tarrant County, Texas (Lot 9, Block 101, College Heights Addition and part of a closed street on the south - 706 East Wall Street), more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "R -MF - 2" Multifamily District Regulations is hereby changed to "R-5.0" Zero -Lot -Line 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. ORD. NO. 3 Section 8. 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 May, 2007. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on second and final reading on this the day of 2007. ATTEST: APPROVED AS TO FORM: ORD. NO. 4 ZONED - 'R-7.5' -706 EAST WALL STREET 5LOI-'K 101 LOT 10 RE-51DENCZ LL in ADJACENT � / ZONED - $ Distinctive Dwellings Dwell in the possibilities 1256 Main Sam Suite 277 Souddake, Tem 76092 t. 817 4811249 f 817 416 8773 N E \/ I C, I N I T"r S A F C,,ONC,,EFT PLAN SCOTT NORTON - ALL I rANT'S / OWNER / BUILDER 4a2 BALL STREET C-7RAFEVINE, TEXAS 76051 CASE NIMBER - ZO7-06 REOUEST TO REZONE 0.175 ACRES FROM "R -MF -2" MULTIFAMILY DISTRICT TO "R-5.0" ZERO -LOT -LINE DISTRfCT 5/2/07 TION OF 'A5T WALL 5T. CONCEPT PLAN CA5E NUM5ER - ZOI-06 106 EA5T WALL 5TREET MAYOR SECRETARY DATE: PLANNING AND ZONING COMMI55ION CHAIRMAN DATE: SHEET: OF APPROVAL DOE5 NOT AUTHORIZE ANY NOW IN CONFLICT WITH ANY COVE5 OR ORDINANCE DEPARTMENT OF DEVELOPMENT 5ERVICE5 MAY 3 2%0?? lNok"4 CONCEPT PLAN CA5E NUM5ER - ZOI-06 106 EA5T WALL 5TREET MAYOR SECRETARY DATE: PLANNING AND ZONING COMMI55ION CHAIRMAN DATE: SHEET: OF APPROVAL DOE5 NOT AUTHORIZE ANY NOW IN CONFLICT WITH ANY COVE5 OR ORDINANCE DEPARTMENT OF DEVELOPMENT 5ERVICE5