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HomeMy WebLinkAboutItem 09 - HL22-02 216 Northwest Highway TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER ERICA MAROHNIC, DIRECTOR OF PLANNING SERVICES MEETING DATE: JULY 19, 2022 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF HISTORIC LANDMARK SUBDISTRICT, HL22-02 APPLICANT: Lemoine Wright PROPERTY LOCATION AND SIZE: The subject property is located at 216 East Northwest Highway and legally described as Abstract 946 Tract 49F, Leonard Archibald Survey. REQUESTED HISTORIC LANDMARK SUBDISTRICT AND COMMENTS: The applicant is requesting a Historic Landmark Subdistrict designation for property located at 216 East Northwest Highway and legally described as Abstract 946, Tract 49F, Leonard Archibald Survey. On June 2, 2022, Lemoine Wright of Wright Construction Company submitted an application for Historic Landmark Overlay, HL22-02 for property owned by Rodney Hetzel of Professional Fueling Services and located at 216 East Northwest Highway. The property contains a vacant gasoline/service station building that is currently in disrepair. The property is under contract to be purchased from the owner by Lemoine Wright for redevelopment. C:\\Users\\tbrooks\\Downloads\\Agenda Memo 133064.doc 1 The gasoline/service station building was constructed in 1954 by Frank Thweatt who operated the station for a number of years. It was purchased by Professional Fueling Service and later utilized as a used car lot for many years. The Thweatt station building features concrete block construction with decorative face brick on the exterior. A unique feature, a large pole with sign was positioned at the corner of the original canopy that has been removed. PRESENT ZONING AND USE: The property is currently zoned “HC” Highway Commercial District and is an unoccupied former used car building. HISTORY OF TRACT AND SURROUNDING AREA: No records are available to identify zoning prior to the 1984 City Rezoning at which time the subject site and surrounding areas were rezoned to “HC” Highway Commercial District. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: “HC,” Highway Commercial District – The TShirt Guys and Braum’s Ice Cream SOUTH: “HC,” Highway Commercial District – residential and non-residential structures EAST: “HC,” Highway Commercial District – undeveloped lot WEST: “HC,” Highway Commercial District – Los Amigos restaurant 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: Map 2: Land Use Plan of the Comprehensive Master Plan designates the subject property as a Commercial land uses. The applicant’s proposal is compliant with the Master Plan. C:\\Users\\tbrooks\\Downloads\\Agenda Memo 133064.doc 2 THOROUGHFARE PLAN APPLICATION: The City of Grapevine’s Thoroughfare Plan designates East Northwest Highway as a Type C Minor Arterial, with a minimum 80-foot-right-of-way developed as four lanes with a turn lane. /at C:\\Users\\tbrooks\\Downloads\\Agenda Memo 133064.doc 3 ORDINANCE NO. 2022-048 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, DESIGNATING A HISTORIC LANDMARK SUBDISTRICT HL22-02 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82-73 (APPENDIX “D” OF THE CODE OF ORDINANCES), DESIGNATING THE AREA LEGALLY DESCRIBED AS ABSTRACT 946 TRACT 49F, LEONARD ARCHIBALD SURVEY (216 EAST NORTHWEST HIGHWAY) AND MORE SPECIFICALLY DESCRIBED HEREIN, IN A DISTRICT ZONED “HC” HIGHWAY COMMERCIAL DISTRICT REGULATIONS; PROVIDING FOR THE ADOPTION OF THE 216 EAST NORTHWEST HIGHWAY HISTORIC DISTRICT PRESERVATION CRITERIA; 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, an application was made by the Grapevine Historic Preservation Commission requesting a historic landmark subdistrict designation by making application 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 this requested historic landmark subdistrict designation 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, all of the requirements of Section 39 of Appendix “D” of the Code of Ordinances have been satisfied by the submission of evidence at a public hearing; and WHEREAS, the City Council further considered, among other things, the character of the existing zoning district and its peculiar suitability for particular uses and with the view to conserve the value of buildings and encourage the most appropriate use of land throughout this city; WHEREAS, the City Council of the City of Grapevine, Texas does find that there is a public necessity for the granting of this historic landmark subdistrict, 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 historic landmark subdistrict designation 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 historic landmark subdistrict designation 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 historic landmark subdistrict designation 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 does hereby designate a historic landmark subdistrict (HL22-02) in accordance with Section 39 of 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, in a district zoned “HC”, Highway Commercial District Regulations within the following described property: 216 East Northwest Highway and legally described as Abstract 946 Tract 49F, Leonard Archibald Survey, more fully and completely described in Exhibit “A”, attached hereto and made a part of hereof; and, in addition thereto, the adoption of the 216 East Northwest Highway Ordinance No. 2022-048 2 Historic District Preservation Guidelines as conditions, regulations and safeguards in connection with the said historic landmark subdistrict, a copy of said criteria being attached hereto and labeled Exhibit “B”. Section 2. That the City Manager is hereby directed to correct the official zoning map of the City of Grapevine, Texas to reflect the “H” zoning designation. 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 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 Ordinance No. 2022-048 3 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 July 2022. APPROVED: _________________________________ William D. Tate Mayor ATTEST: _________________________________ Tara Brooks City Secretary APPROVED AS TO FORM: _________________________________ Matthew C.G. Boyle City Attorney Ordinance No. 2022-048 4