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HomeMy WebLinkAboutItem 06 - Z00-06 Terra Land and Cattle�G ITEM it G . 38 TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS FROM: ROGER NELSON, CITY MANAGER MEETING DATE: MAY 16, 2000 SUBJECT: CASE NO. Z00-06, TERRA LAND AND CATTLE CO. RECOMMENDATION Staff recommends that the City Council table this item to the July 18, 2000 public hearing so the applicant may have the opportunity to address additional Public Works Comments and take any action necessary. BACKGROUND INFORMATION The applicant is requesting a zone change request to rezone 9.134 acres from "R-20" Single Family District to "R-7.5" Residential District for future development of single family homes. The applicant has requested that this case be tabled to allow them to address Public Works issues that were brought up after the case was advertised and submit a new site plan that reflects those issues. 0:1=/Z00-06.4.1 TERRA LAND & CATTLE CO. May 5, 2000 Ms. Cindy Jackson VIA FACSANIU City of Grapevine (817) 410-3019 P.O. Box 95104 Grapevine, Texas 76499 Re: Nine Acres on Heritage Dear Cindy I understand there has been some confusion regarding the timing of our zoaiag request This is out formal approval to reschedule the public hearing for the above -referenced project from May I6S° to a later date. We will send under separate cover our new site plan to your attention before the rescheduled hearing. If you have any questions please contact me. Si y, NL Paul Spain MPS/ss Terra Und & cattle Co. ** 274OFulkr Wiser Rd. * Euless, Texas * 76039 * 817-544.3993 * Fax 817-540-5422 �* TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: ROGER NELSON, CITY MANAGER H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES MEETING DATE: MAY 16, 2000 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE CHANGE APPLICATION Z00-06, TERRA LAND AND CATTLE COMPANY, INC. I, r ---I 1 I I r_-------------- Grapevine co** . APPLICANT: Paul Spain I DoiB Lake I I I I I a I Fo I. H. 1635 Northwest PROPERTY LOCATION AND SIZE: The subject property is located at 2412 Los Robles • s Drive, Tracts 1D2 & 1D3, Abst. 1393. The addition 1 Hall -Johnson Sys ADP contains 9.134 acres. The property has approximately 458.53 feet of frontage along the Glade Rd. proposed extension of Heritage Drive. o - REQUESTED ZONE CHANGE/CONDITIONAL USE AND COMMENTS: The applicant is requesting a zone change request to rezone 9.134 acres from "R-20" Single Family District to "R-7.5" Residential District for future development of single family homes. The applicant has requested that this case be tabled to allow them to address Public Works issues that were brought up after the case was advertised and submit a new site plan that reflects those issues. PRESENT ZONING AND USE: The property is currently zoned "R-20", Single Family District and is undeveloped. HISTORY OF TRACT AND SURROUNDING AREA: 0:/ZGu/Z00-06.4 1 May 5, 2000 (11:51 AM) The subject property and the site to the south were both rezoned from the "R-1", Single Family District to the "R-20", Single Family District in the 1984 Citywide rezoning. The site to the north was rezoned from the "R-3", Multiple Family District to the "R-TH", Townhouse District in the 1984 Citywide rezoning. It remained undeveloped until 1990, when case no. Z90-13 was approved, rezoning the site to the "R-7.5", Single Family district. The site was subsequently developed as the Heatherwood subdivision. The site to the west was rezoned from the "C-1 ", Community Business District to the "R-7.5", Single Family District in the 1984 Citywide rezoning. The northwest portion of the property was subsequently developed as part of the Timberline South subdivision. The property located to the southwest was rezoned in 1994 to the "GU", Government Use District (Case No. Z94-07) and is now a part of the Big Bear Creek Nature Preserve. The property located to the east of the site was rezoned in the 1984 Citywide rezoning from the "R-1 ", Single Family District to the "R-20", Single Family District. It was developed with single family homes prior to the 1984 Citywide Rezoning. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "R-7.5", Single Family District — Heatherwood Subdivision SOUTH: "R-20", Single Family District — undeveloped EAST: "R-20", Single Family District — single family homes WEST: "R-7.5", Single Family District and "GU", Government Use District — Timberline South subdivision and Big Bear Creek Nature Preserve AIRPORT IMPACT: The subject tract is not located within any of the noise zones as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. MASTER PLAN APPLICATION: The Master Plan designates the subject property as Low Density Residential. The proposed rezoning is in conformance with the Master Land Use Map. THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan designates Heritage Avenue as a Type B, Major Arterial with a minimum 80 -foot right-of-way developed as 4 lanes with a median. /cj 0:/ZCu200-06.4 2 May 5, 2000 (12:OOPM) vzwrwocm ' lL 3 If{ 4 , +� v / • 6 4 3 2 1 ,7 +/ n 10 it 1213 141 W21 e ! 2 G�YS D YfyT 4 I 3 7 s • 10 11 1: u 1• pAl• 2 t f / 7 f 3 t ♦ 1/00D Cm= UL GU 16 25 DAMME 2 ° a Z7 2 t ! / 7 / 6 , 4 J a 10 11 12 13 14 ! 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Address 2740 Fuller Wiser _ City Euless State Texas Phone # (817) 540-3993 Fax # (817) 540-5422 Applicant's interest in subject property Potential Developer Property owner(s) name Oakridge School, Inc. Address 5900 W. Pioneer Parkway City Arlington State 'Texas Phone # ( 817) 451-4994 Fax # Zip 76039 Zip 76013 Address of subject property East of Heritacre Ave- South nf Heat-herwild Addi t -i on Legal Description: Lot N/A Block N/A Addition N/A Size of subject property 9.134 acres 397894 square foot Metes & Bounds must be described on 8 Y2" x 11" sheet Present Zoning Classification R-20 Present Use of Property vacant Requested Zoning District R-7.5 The applicant understands the master plan designation and the most restrictive zone that would allow the proposed use is R-7.5 Minimum/Maximum District size for requested zoning Describe the proposed use Proposed single fami 1 Y S ,Wivi Si on RF���3.® All Zone Change Requests are assumed to be complete when filA8FArfiIUZaWe placed on the agenda for public hearing at the discretion of the staff. Based on th size of the agenda, your application may be scheduled to a later date. P EAN IN l I V 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. 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): %�• /L �f%�l�l! Applicant sign Owner (print): Owner signature: O:\ZCU\APP-ZN 3 5/98 /PD APR 0 3 2000 The State of County of �- Befgrp me lujyyul LL, QNjMjA, on this day personally appeared �J known to me (or proved to me on the oath of or through (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 3b V day of j7 _('�.. , A.D. a- nbh SEAL Notary Signature fiMMllrrrNNffNNr Nf NNrrNf fNN .►�" STEPHANIE A SHEFFIELD i p NOTARY KIM STATE OF TEXAS OouOIUIOU UPIRIS �+an� MARCH 16, 2004 iNrN rNirr ravrarNr•o.rarrowNr•arrrvw The State of County of %'/A RA4 rJ T— Be�gre me ,• �• L4. L o se z on this day personally appeared i�U-I-rnu G +vim l\ / known to me (or proved to me on the oath of or through ?" ?c At. (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 3 I day of f� rq-/L e tf- , A. D. Zoon SEAL Af C. LOSEY ofty Pok oft of UN My toN E�pk+u 8�1�-0Z rA, t�� MF!��,tslr� - - '2'�c -o�- 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 Z00-06 ON A TRACT OF LAND OUT OF THE W.D. SHEPHERD SURVEY, ABSTRACT NO. 1393, 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-20" SINGLE FAMILY 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) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; 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 & 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. ORD. NO. 2 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 Z00-06 to rezone the following described property to -wit: being a 9.134 acre tract of land out of the W.D. Shepherd Survey, Abstract No. 1393, Tarrant County, Texas (2412 Los Robles Drive) more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "R-20" Single Family District Regulations is hereby changed to "R-7.5" Single Family 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. ORD. NO. 3 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 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 16th day of May 2000. APPROVED: ATTEST: APPROVED AS TO FORM.- ORD. ORM: ORD. 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