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HomeMy WebLinkAboutItem 02 - Z01-05 Elmwood Heights Additionc L STEM / -21.7 7 Py' z .e- -z- TO: TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: ROGER NELSON, CITY MANAGER 0 H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICESW 1 MEETING DATE: APRIL 17, 2001 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE CHANGE APPLICATION Z01-05 r ---I I I r�----------- �� — 4Grapevine ILake 1 �O"e t , r' I I I I I I r I 1 S DFW ; I ?' Airport : I Hall -Johnson db,O n I I_, I � I L-1 m Glade Rd. F c APPLICANT: John Miliara PROPERTY LOCATION AND SIZE: The subject property is located at 414 Turner Road. The property contains 0.81 acres and has approximately 190.77 feet of frontage along Turner Road and 150 feet of frontage along North Dooley Street. REQUESTED ZONE CHANGE AND COMMENTS: The applicant is requesting a Zone Change to rezone 0.81 acres from "R -MF -1" Multi - Family District to "R-5.0" Zero -Lot -Line District for single family residential development. The applicant proposes the development of four single family lots with an average lot size of 9,000 square feet with the smallest lot being 8,040 square feet and the largest lot 10,987 square feet. Lot density for this proposed single family development is 4.938 units per acre. The maximum density allowed in the "R-5.0" Zero -Lot -Line District is eight units per acre. 0:\ZCU\Z01-05.4 1 April 3, 2001 (1:40PM) PRESENT ZONING AND USE: The property is currently zoned "R -MF -1" Multi -Family District and is developed as a vacant single family home. HISTORY OF TRACT AND SURROUNDING AREA: The subject property, the property to the north, and the property to the west were rezoned from "R-1" Single Family District to "R -MF -1" Multi -Family District in the 1984 Citywide Rezoning. The property to the west was rezoned from "R -MF -1" Multi -Family District to "GU" Governmental Use District by zone change request Z94-07. The property to the south of the subject property was rezoned from "CB" Community Business to "HC" Highway Commercial District in the 1984 Citywide Rezoning. The property to the east was rezoned from 14" Light Industrial district to "CC" Community Commercial District in the 1984 Citywide Rezoning. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "R -MF -1" Multi -Family District—single family homes and undeveloped SOUTH: "HC" Highway Commercial District - Runway Theater, Alternative Office Solutions, Dodson Carpets, and Metroport Humane Society EAST: "CC" Community Commercial District - Vacant Warehouse WEST: "GU" Governmental Use District - Cluck Park O_9 .. 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: The Master Plan designates the subject property as a Residential High Density land use. The applicant's request does not comply with the Master Plan. 0:2CU201-05.4 2 April 3, 2001 (1:40PM) The Thoroughfare Plan designates North Dooley Street as Type E Collector with a minimum 75 -foot right-of-way developed as four lanes. 0:\ZCU\Z01-05.4 3 April 3, 2001 (1:40PM) 4 1 2 S 4 5 IR WA 4 0 2 M'XI as*, TRact 'MM aerAc 3 two R-3.5 I m IR -3.751 R -M AC 1"Im MAC 'M20 a F aCE ISAC R -W-2 WOO IR TR Z9" "D Im Pu TR 4� au l 4� 47 L4 8A4 3� �377 TR 10 FO, TRWJ M 1 STR TR 'M — t D Subjert a A " ?Ac mm 2� At I* TR At W TR OL ZM'07 2 AD@ I IAO TR21A SAC AC Is W Im —3ff jrroperty AN 17 4; 1. AME Is Tufmm FM %FM CN TRUA w TRM I As* -M WOM TMR 30 m V, TR22 i 1 1 RI, ACI AC AC AC, somm cc 3 ac aM-67 Vs F 1me 40- 5 .17 *MAC E IA K 4 in L pp 3 10 1 m A cm -w 2 Sze A M 2 w — to TFt am 10 aSIAC its 15 04 M-364 OIL CM147 4AWIA HC Z76-20 E NORTHWOST HWY 17 ut TR TR I Mel mjOw P -r- 4 2 1 i -. *, � m W-16 1 , 1R alAiTR TR 42 ; !aw: --fi- mc TR40A TR TR gxwo ! 41 :440 V.-- , � I , "a , 1., 11., � '40 TR a4w AC iB- OR IR4m TIW4 1, 2 3 M i , AC TR IA AR 1 7R , A A 00 TRSD MACBT NPSIR T&S 11, 4 1'4&7 1 a- i 1 !103 MAC 7 JR TRON TRaaC w aA TR MI IJOAC L TRWA R-7.5' JDAC Z01-05 400' El -m --wood Heights Addition. TR21C Imum A tolk TRV Tptn ANJ I"AC &MAC 4 1 2 S 4 5 IR WA 4 0 2 M'XI as*, TRact 'MM aerAc 3 two R-3.5 I m IR -3.751 R -M AC 1"Im MAC 'M20 a F aCE ISAC R -W-2 WOO IR TR Z9" "D Im Pu TR 4� au l 4� 47 L4 8A4 3� �377 TR 10 FO, TRWJ M 1 STR TR 'M — t D Subjert a A " ?Ac mm 2� At I* TR At W TR OL ZM'07 2 AD@ I IAO TR21A SAC AC Is W Im —3ff jrroperty AN 17 4; 1. AME Is Tufmm FM %FM CN TRUA w TRM I As* -M WOM TMR 30 m V, TR22 i 1 1 RI, ACI AC AC AC, somm cc 3 ac aM-67 Vs F 1me 40- 5 .17 *MAC E IA K 4 in L pp 3 10 1 m A cm -w 2 Sze A M 2 w — to TFt am 10 aSIAC its 15 04 M-364 OIL CM147 4AWIA HC Z76-20 E NORTHWOST HWY 17 ut TR TR I Mel mjOw P -r- 4 2 1 i -. *, � m W-16 1 , 1R alAiTR TR 42 ; !aw: --fi- mc TR40A TR TR gxwo ! 41 :440 V.-- , � I , "a , 1., 11., � '40 TR a4w AC iB- OR IR4m TIW4 1, 2 3 M i , AC TR IA AR 1 7R , A A 00 TRSD MACBT NPSIR T&S 11, 4 1'4&7 1 a- i 1 !103 MAC 7 JR TRON TRaaC w aA TR MI IJOAC L TRWA R-7.5' JDAC Z01-05 400' El -m --wood Heights Addition. V.)/UX/U1 vv;vi UV14 410 00ou W)JA t0taLPGLAO 0 4. ZONE CHANGE APPLICATION wjvvuciuvu0 Z01-�5 RECEIVED Applicant/Agent Name- pCANNI NG Company Name .A11. *- rw , w .3 25 r s ^ • - rt ' ' rr city state .r- r .r Phone Legal Description: Lot -Stock- Addition Size of subject property ®. t acres square foot Metes & Bounds must be described on 8'4 " x I V sheet 5. Present Zoning Classification KHF- 6. Present Use of Property ItS6.i:.Lr t� 7. Requested Zoning District 8. The applicant understands the master pian designation and the most restrictive zone that would allow the proposed use Is W c r-a•H UC%l iri Q °rjW%M ami / 9. MinimumfMa)dmum District size for requested zoning N .A . 10, Describe the proposed use .51N��-�--- All Zone Change Requests are assumed to be complete when flied and will be placed on the agenda for public hearing at the discretion of the staff. Based on the size of the agenda, your 0:2C APP -2N Z 5199 WWW.d4r8vvv C.tx.ua VQ! V4! Vi. V47. 14 "— ufv —WV VVVAN Lit1VL.�IdLi�.1 WJVVVVi VVVV RECEIVED 0 2001 application may be scheduled to a Jager datie. PLANNING Al► public hearings MY be opened and testimony ghren by applicants and interested citizenry: Public hearings may be continued to the next public hearing. Public hearings will not be tabled, I have mad and undersand all of the requinwnents as set Borth by the app/►cation for zone change roquost and acknowledge that all roquirements of this applicadon 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): JbHtA 1` I ..JACA Applicant signature: Owner (print): K Owner signatu a-aCV\APP-ZN 3 b/N WWW,d.Wvv v Wtxits U3/U./Vl Vb:Vl -"Of` Z14 00ou JJ)JX 1:,1N%3Lnt=a The State of io wjvuuo-uuva RECEI VES County of J assaQ ft' �. , t , ?fir• Ore meYLAU�lwU� Yt on this day personally apPda* NG known to me (o prpted to me on the oath ofN� or through�ig & IYM' S Ia Cp,U..2-Q._ (description of Identity card or other document) to be the person whose name is subscribed to the foregoing instn.rment 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 , SEAL Denise Renee Uhnbwpr . Notary Pubk Stdo of Tex W JULY 26, 2403 �{ The State of.. County of FORM— M# it =0 Before me A) C on this day personally aDAeared 'known to me or proved to me on the oath of /r9 or through ✓A6 4jeooA .R (description of Identity card or other document) to be the person whose Warne 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 qday of (7�54%`L , A.D. SEAL r�•►e •`"�E KATHLEEN L CAPELAW • . Pbtery .Stele or To= M= Were W" EO" �'''��• �''~ APRIL 29, 2403 PLATTING VERIFICATION o2CuuAFPCP 4 1 m www.ci.grapevine,tx.us V:}full Vl VV; V1 -"VIA AiO QQVV Ovollk =W1OzraN.7 WJVUV4%VVUO RFCEIVE0 The State of PLgNN/NG County of La Q 0 U ?001 vN�NG afore me I - W-thih day personally appeared known to _r (or proved me on the oath of or through I IL K A 0 Y ilP U(CAI (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 some for the purposes and consideration therein expressed. Given under my hand and seal of office this b � day of , A.D. 9 M SEAL Notary S nature Denise Renee NohyPubiswe of Tau :yCW&k11OnEqkw WiE JULY 28,210303 ft j� The State of County of s, AdIzL/A Before me on this day personally appeared known to me (or proved to me on the oath of orthrDugh::2Sqf/ " 7*)r� ilew3 �'P ex��x,-6e- 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 sante for the purposes and consideration therein expressed. Given under my hand and seal of office this a day of�� , A.Q. SEAL Notary Signature • Notecy pubic, Stated Teens • WE*W ACKxowLEoOEMEnrr o.+s't~ APRIL. ?_9, 2003 O!UCLAAPP ZN 4 5199 www.a.oraPWM.tX.L-s LEGAL DESCRIPTION BEING a 0.81 acre tract of land situated in the A.F. Leonard Survey Abst. 946 in the City of Grapevine, Tarrant County, Texas and being part of a 1.00 acre tract as conveyed to H. Redman recorded in Volume 1534, Page 8 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: BEGINNING at a found 1/2 inch iron rod in the West line of Dooley Street (70' Right—of—Way, after Right—of—Way Dedication by City as shown on Plot by Schrickel & Rollins Engineers, dated April, 1991); THENCE South 89 degrees 59 minutes 00 seconds West leaving said West line of Dooley Street for a distance of 256.44 feet to a found fence corner; THENCE North 03 degrees 06 minutes 57 seconds East along an existing fence line for 142.09 feet to a point in the South line of Turner Road as shown on the Plot recorded in Volume 388-39, Page 77 and being the point of curvature of a non—tangent curve to the East whose chord bears south 81 degrees 54 minutes 06 seconds East for 64.14 feet and having a central angle of 17 degrees 37 minutes 47 seconds and a radius of 209.27 feet; THENCE Easterly along said South line of Turner Road for an arc length of 64.39 feet to a point; THENCE North 87 degrees 25 minutes 25 seconds East continuing along said South line of Turner Road for a distance of 190.77 feet to a point in the said West line of Dooley Street and the point of curvature of a non—tangent curve to the South whose chord bears South 02 degrees 27 minutes 14 seconds West for 62.08 feet and having a central angle of 03 degrees 03 minutes 13 seconds and a radius of 1165.00 feet; THENCE Southerly along said West line of Dooley Street for an arc length of 62.09 feet to the point of reverse curvature of a curve to the left whose chord bears South 02 degrees 05 minutes 14 seconds West for 81.60 feet and having a central angle of 03 degrees 47 minutes 11 seconds and a radius of 1235.00. feet; THENCE Southerly along said curve for an arc length of 81.61 feet to the Point of Beginning and containing 35,381 square feet or 0.81 acres of land. 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 Z01-05 ON A TRACT OF LAND OUT OF THE A.F. LEONARD SURVEY, ABSTRACT NO. 946, 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 -1" MULTI -FAMILY 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; 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. 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 Z01-05 to rezone the following described property to -wit: being a .81 acre tract of land out of the A.F. Leonard Survey, Abstract No. 946, Tarrant County, Texas (414 Turner Road), more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "R -MF -1" Multi -Family 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. 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 17th day of April, 2001. ATTEST: APPROVED AS TO FORM: ORD. NO. 4 N:\JDJRPRC 301\272-1\CONCEPT PLAN.DWG Thu Mar 29 12:47:47 2001 1 Engineers 6 Consultants, Inc. * Stephen NO3*06'57"E 742.09' f` x o c c .. � m � rn � a' SIDE YARD (T19.) �% /�• • O Z iCii O O +Ij f •+ z z $ mup f M z m rn w rn '1 yI7' SIDE YA90 ,0 0 o z F. U a R. _.. - al� rn SIDE YARD (}YP�"• • _ ! 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