HomeMy WebLinkAboutItem 02 - Z01-05 Elmwood Heights Additionc L STEM / -21.7 7
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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
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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
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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.
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ZONE CHANGE APPLICATION
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RECEIVED
Applicant/Agent Name- pCANNI NG
Company Name
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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
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RECEIVED
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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
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The State of io
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known to me (o prpted to me on the oath ofN�
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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
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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=
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PLATTING VERIFICATION
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The State of PLgNN/NG
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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.
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SEAL
Notary S nature
Denise Renee
NohyPubiswe of Tau
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WiE JULY 28,210303
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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
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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
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