Loading...
HomeMy WebLinkAboutItem 12 - 301 East Wall StreetMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER ERICA MAROHNIC, DIRECTOR OF PLANNING SERVICES MEETING DATE: NOVEMBER 15, 2022 SUBJECT: ZONE CHANGE REQUEST Z22-04, 301 EAST WALL STREET (SECOND READING) RECOMMENDATION: Staff recommends the City Council approve Zone Change Application Z22-04 on the second reading of an ordinance, and take any other action necessary. BACKGROUND: Zone Change Request Z22-04 was submitted by Neal Cooper, Tin Barn, LLC. and approved on the first reading of an ordinance by City Council at the October 18, 2022 meeting. The request was to allow for 0.284 acre to be rezoned from "HC", Highway Commercial to "R-7.5", Single -Family District. The subject property is developed with a 1,568 square foot, one-story, single-family residential building on a 12,366 square foot (0.284 acre) lot. The property owner intends to utilize the single-family residential building as a residential dwelling. The applicant sought approval of a variance and special exception from the Board of Zoning Adjustment relative to allowing the residential building and site to remain as developed, as the site is not compliant with Zoning Ordinance (82-73) relative to the existing width of the property and side yard building setback adjacent to the east property line. The Board approved the special exception request at their November 7, 2022 meeting. /mz Agenda Memo 164716 04 "A�07-149 33� 2 23 1 6g22 1R 1 1 E NORTHWEST HWY H _ v rn o rn m �� TR TR 49F 0� N Nt N r ry 1- cr � � p TR 9 z a LO f0 'M co _ uP —GUT 40A o Q M � NO TR 39 953@ TR 41 :TF�:4 ,TR 44ACM.799 A o .......... I, 3s 32 3 E--W- A - L L-55_ s� 1`s 1 p,PQGN �Nv pN P� a&3 1 1A1 �J U I Feet 0 50 100 150 200 GRAPEVINE. EI z A s w�E SUBJECT SITE 2A 0.540 R-7.5 of ONN v\NE FZ 16�60 Z22-04 301 East Wall Street Date Prepared: 10/6/2022 This data has been compiled by the City of Grapevine IT/GIS department. Various official and unofficial sources were used to gather this information. Every effort was made to ensure the accuracy of this data, however, no guarantee is given or implied as to the accuracy of said data. *hVT44E- ZONE CHANGE APPLICATION AND CHECKLIST - Residential nformation Current or if unplatted, proposed subdivision name(s), Gross area of parcel (to nearest tenth of block(s), & lot(s) acre) Lot 1 Block 1 Charles C Kennimer .284 Acres Street frontage & distance to nearest cross street Describe the Proposed Use 63.06' Frontage 425' to Main St Single Family Residence Proposed Zoning Existing Zoning R5.0 Residential Highway Commercial Future Land Use Designation Single Family Residence Wj Ly.wiad.urwWedaaum rSut •G mo.in: rIui..I,eL' 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 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 zoning change request and acknowledge that all requirements of this application have been met at the time of submittal. Owner NameChades Kennimer CompanyTin Barn LLC Address 404 E Wall St City Grapevine State Tx Zip Code76051 Phone214-435-4502 Email Project Representation (check one): ❑ 1 will represent the application myself; OR I hereby designate Neal Cooper I Tin Barn LLC (name of project representative) to act in the capacity as my agent for submittal, processin re r and/or presentation of this request. The designated agent shall be the pub Z2�I/J ��\/ %G 22 3I� SEP 0 6 Z022 �/ 2 r:.................... Planning services Department 200 S. Main Street • Grapevine, TX 76051 . 817,41 0.31 56 • htme://bit.lWGraoevinePlannino r 3 , ZONE CHANGE APPLICATION AND CHECKLIST - Residential Project Re tive Information (complete if designated by owner) ❑ Engineer o Purchaser ❑ Tenant a Preparer ❑ Other (specify) NameNeal Cooper CompanyTin Barn LLC Address404 E Wall St Cib,Grapevine State Tx PhonP214-435-4502 Applicant's Signature / STATE OF: COUNTY OF: Zip Code76051 Date 9 zZ BEFORE ME, a Notary Public, on this day personally appeared daz.- &� (printed property owner's name) the above signed, who, under oath, stated the following: "I hereby certify that I am the applicant for the purposes of this application; that all information submitted herein is true and correct." SUBSCRIBDED AND SWORN TO before me, this the 6 day of 20_22- .. eqr^ JOSEPH J yo0 Notary is 4126494792 My CMM ssio2E2pires .. +?-,r April 23,04 NOTARYOP�UBLIC in and for the State of Texas cm Z{/I_Dll W 4 Planning Services Department 200 S. Main Street a Grapevine, TX 76D51 • 817.410.3155 a httpa://bil.ly/Gma vimPlannina ZONE CHANGE APPLICATION AND CHECKLIST - Residential for responding to all requests for information and for resolving all issues of concern relative to this request. I hereby certify that I am the property owner of the property and further certify that the information provided on this development application is true and correct. I have selected the above submittal type and representation of my own volition a not at thq request of the City of Grapevine. Property Owners Signature ` // Date STATE OF: COUNTY OF:-44,..,."L, BEFORE ME, a Notary Public, on this day personally appeared aork C- ki�.wim' er (printed property owner's name) the above signed, who, under oath, stated the following: "I hereby certify that I am the property owner for the purposes of this application; that all information submitted herein is true and correct." SUBSCRIBDED AND SWORN TO before me, this the �3 day of Svr>L- , 20 22 >nr n JpSEPH J YM Hetery ID pII6494992 +� My COmmissmn Expires °?nr April 23, 2024 NOTARY�RUBLIC in and for the State of Texas ffP 1�2 os Z22-0 3 Planning Services Department 200 S. Main Street a Grapevine, TX 76051 a 817.410,3155 a httos:Ubit.lvlGraoev'nePlann'nn TV*AW ZONE CHANGE APPLICATION AND CHECKLIST •Residential PLATTING VERIFICATION - It has been determined that the property described below does require platting or replatting and the applicant has been instructed on this procedure. ❑ It has been determined that the property described below is currently platted or does not require platting or replatting at this time. Address of subject property 3o l E 41 IA16 c,T Legal descrip'on of subject property .4 ay/ jtoa GK ( .f£G2L �St CS I;.u.UiM�[ll_ Public Works Department Date Jay. c.3r�6�o�0 SEP. 0 6 2022 222 c+ 5 Planning services Department 200 S. Main Street a Grapevine, TX 76051 • 817.410 3155 • httmHbit IvlGrace 'nsPlann'nn ORDINANCE NO. 2022-079 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS GRANTING ZONING CHANGE Z22-04 PROPOSED TO BE PLATTED AS BLOCK 1, LOT 1, KENNIMER ADDITION DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS (301 EAST WALL STREET) MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "HC", HIGHWAY COMMERCIAL DISTRICT TO "R-7.5", SINGLE-FAMILY DISTRICT; 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 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 as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby amended and changed by Zoning Application Z22-04 to rezone the following described property to -wit: being a 0.284 acre tract of land proposed to be platted as Block 1, Lot 1, Kennimer Addition, Tarrant County, Texas 301 East Wall Street more fully and completely Ordinance No. 2022-079 2 Z22-04 described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "HC", Highway Commercial District is hereby changed to "R-7.5", Single -Family District, 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. 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 Ordinance No. 2022-079 3 Z22-04 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. FIRST READING PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 18th day of October, 2022. SECOND READING PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 15th day of November, 2022. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: Matthew C.G. Boyle City Attorney Ordinance No. 2022-079 4 Z22-04 301 EAST WALL STREET BLOCK 1, LOT 1, KENNIMER ADDITION VICINITY MAP NOT TO SCALE SURVEYOR'S i. Bermp nd lieurc. are based an Team Son, Ptme Ceor h- System, Teas North Control Zcoe 4202 North Americo Duns of 1993 (NAD 93) (U.S, Fora) with s cambuud rah fuaor of 1.00012, 2. Thu Property It. crud. Zone 'X' of the Flood Las— Rate Map for TMtam County, Team and brcorported Arem, coup eo. 4905980105K, deed Squenbr 25.2009, ris scaled rrrV bonbon and grVW, plo,*W 3. Notice: Selling a portion of thi dlid- by meta and hounds it a violation of City ubdhirk. rdi— and mite planing mum. and it subject m force and wAholdmg of.Wti. and bviMi g eertiflate. STATE OF TEXAS t COUNTY OF TARRANT t WHERAS Charles C. Krourom i the oxm of a 0,294 acre tray of land sirated w the Atcbibed F. Ltoaurd Surrey, Abet Nounber 946, to the City of Gmpevioe, Taunt coeury, Tens, and be* sn of the more trset of hdl described to Ch 1. C. Keosimer by Special Wamaty Deed recorded io Docmtan Number D22133209006 vl Public Records, Tint C trey. Taus and be-g more P-colorty described by metes bounds bounds art fulls..: (Rmr.W and Di'. m bmW ou the Some Plme Coordinate System. Team North Cearel Zom (4202) North Amerim Dram of 1993 (NAD83) (LIS Foor) with a corobmW sale fi ut of 1.00012) BEGINNING M a III-hnch rebar cupped'RW COOMBS' forad for ,he s ult- corner of mid Konntmer co,, and lb, soW- coma of that sane vas of h ul dmenbed m Grand Nora. LLC by G eml Wmmay Deed raonkd in Doeunxm Number D221318052, Offi-I Public Remrda, Taint Coomy. Tens, mid Point Iyiag on the oorth right-of-y line of Fat Wan Street (c-M,-width ripktaf-Wwyk THENCE North 00 depme 21 miauta M seconds wet, depaturg the north tghtof--way lice of mW East Wan Sooet with the wet lice of mid K— tract and the eat fim of mW Gtaod Nora, LLC tract, a chimuce of 196.33 feu m m 124.h rebm fo-d It, the oortevret corecr of mid Kmotmer tract, and Doe noblest coma fmid Grand Nova. LLC pact; THENCE North 88 degrem 51 mtoma 41 woruls East with the north lure of mid Kemriner veer, a i m o, of 62.64 gee, to a pow fm the rwnnhau tam of mid Kamima tract mul 0. northuc.0 caner of Dui - tract of 1®0 desenhed lit Word O. Hay-"b by W_.q Deed recorded to Docvaaat Number 1120111191956, 011iril Public Recalls, Turmt Cory. Team, from which a 112-inch rebus ford for reference bean Noah 00 depca 29 minturs West 02 fen; THENCE Sort, 00 depees 24 mmmes 06 -xis East depaweg the south fine of mid wright tract, wja tl e eat him of mW Kemimer tract and the wet lice of mid Hayworth tract passing at a ditmce of 191It W a Moth Pipe food - Bon, NW coutiou®g f a mil did-, of 197.19 feu to s Point for the -ohms) corms of mid K— trrct oral the .oil,. corm of mid Hayworth trw, mid point lyiM oa the mnh rWof.way boe of mid Emu Wsii meet THENCE South 89 depem 38 minutes 26 seconds Wort with the mmh live of mid Kero umr out and the some AgMof-way It. of mid Fat Wail even. a duuoce of 63.06 feu to the POW OF BEGINNING aed tammm* 11366 puce feet or DIM meta of land. more art rem. PROFESSOM FUEL94G I i i I NP81PlT 430 MAer LI.0 I I PALO 4EROE svro 9, INC DOC. Na A210278M PARINEA!". LM DOG ND D18852088J O.PR.tal DPR.TGT, ZOMM. I Nw.. Not OM17070 OPAACT. ZONED. IIC. Rx"IVAY CYbNNRtlAL I K IaY"My I SAL I ZO AI 018/E1O 0,LL ' � KN1 s semsr • wo' � oYN' .fir - _ - - IA9 se NA ( I I I I I I I I I I I I i ( CRAND NOVA LLC DOG NO D221316W I DPR.TGT I NC. M4WNAY CommoI AI I I YAR,g7R1E AWI TNONAs i49 M-ND D218/49832 DPR. TGT. R•' - - -. - - e 0'm'M- e�2•AD' LEGEND OF ABBREVIATIONS • D.R.TC.T. DEED RECORDS, TARRANT COUNTY, TEXAS • O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS • P.R.TC.T. PLAT RECORDS, TARRANT COUNTY, TEXAS • ROW RIGHT OF WAY • IRS 12 INCH CAPPED REBAR STAMPED'WINDROSE"SET • C.M. CONTROLLING MONL'AaNT LOT T, BLOCK i 14366 SF OL264 Acres ! I-, s c �trrrt.ra:ee ( I _.,Trr ! I I turns rAtoanr I rat nets rYAr I ! ! atYlY TAwapr ! rfa liO IBAT L- -----, EAST WALL STREET (VA TABU WDN RIGHT-OF-WAY) WARD O. HAYWORTH I WAIN) D NAYWMIN DM ND D20009306 DOG ND D2000030M O.PA MT. I OP.RTGT. WONWAY Cow"O& I OCT222 y4.................... This Fla, Filed on: iormmem Number Coe Name: 301 L WaR Street CZ NN b., Z.2241 1.-"-: 3011- WaR Suet May«. city Seenmry Phoning Md Zang Cammtseion Ctuunun Date: Shen _ of_ Approve dons not m1haize. wode m -1h. wah any codes or orduuo.e. Phoning Services Depmtmm IN®ROSE LAND SURVEYING I PLATTING 148E 1ALMAY DRNE, SM M I WMVRU, rt RIP 1 214211.2Em FUM ftaff "M Iq.101N7211 PA4DROUMVIMCOM RA DWNBY:GIC DAIE:01YN120Yr CNIUMBY: MP. r BNO.:DVI OWNER/DEVELOPER POW Of Cordikc: ChnMB C. Kin ir- Gray- citBatbs 301 E. WON Street 9724MS1171 GrWO., T.-78051 paYaorl same Leos Revision Date: 0/12012022 ZONING EXHIBIT KENNIMER ADMION LOT 1, BLOCK 1 Being a 0.284 Acre tract of land situated in the A.F. Leonard Survey Abstract Number 946 1 Lot Zoned: HC, Highway Commercial Proposd Zoning: R-7.5, Single Family District City of Grapevine, Tarrant County, Texas - 2022 -