HomeMy WebLinkAboutItem 02 - Z04-16 Esther Moore SurveyTO:
FROM:
MEETING DATE:
SUBJECT:
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HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
ROGER NELSON, CITY MANAGER
H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES
JANUARY 18, 2005
DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE
CHANGE APPLICATION Z04-16
APPLICANT: City of Grapevine
PROPERTY LOCATION AND SIZE:
The subject property is located at 901 East
Northwest Highway and is legally described as Tract
2, Abstract 1029, E. Moore Survey. The subject tract
contains approximately 41.235 acres and has 1,500
feet of frontage along East Northwest Highway.
REQUESTED ZONE CHANGE AND COMMENTS:
The applicant is requesting a zone change to rezone 41.235 acres from "PID" Planned
Industrial Development District to "CC" Community Commercial District for future
development.
PRESENT ZONING AND USE:
The property is currently zoned "PID" Planned Industrial Development District and is
undeveloped.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject property and the property to the north and the south were zoned 1-1" Light
Industrial District prior to the 1984 City Rezoning. The property to the west was zoned "C-
2" Community Business District prior to the 1984 City Rezoning—this zoning applied only
0:\ZCU\Z04-16.4 w January 11, 2005 (10:45AM)
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WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER
THAN 5 PM ON MONDAY,, JANUARY 17, 2005
Procedure to Respond:
As (a Property Owner within 200 feet of the subject tract) or (an interested citizen), I
(approve) (protest) and/or (have the following comments)
Airportstaff has reviewed the application submitted by the City of Grapevine for
property located at 901 East Northwest Highway and the request to rezone 41.235 acres
from "PID"Planned Industrial Development District to `VC"Community Commercial District
for future development.
Such acfion is compatible with Airport and aviation adivifies. We highly recommend
that the applicant should be advised of their obligation under Federal Aviation Regulations
to notify the FAA of their intent to construct and to seek an FAA airspace review for aN
structures which are to be constructed as well as any ancillary advertising signs and
Print Name and Address, or Lot, Block and Subdivision:
DFW lntemational Airport -
, DFW Airport Real Estate
Telephone: (817) 410-3155 Fax: (817) 410-3018
Direct questions and mail responses to:
Planning Secretary
Department of Development Services
City of Grapevine
P.O. Box 95104
Grapevine, Texas 76099
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along the frontage of East Northwest Highway to a depth of approximately 300 -feet; the
bulk of the property was zoned "R-3" Multifamily District. Zone Change Request Z03-09
was approved by Council at the December 16, 2003 meeting and rezoned the property to
the west from "PID" Planned Industrial Development District, "R -MF -2" Multifamily District
and "R-12.5" Single Family District to "CC" Community Commercial District and `BP"
Business Park District. Conditional Use Request CU97-70 was approved by Council at the
January 20, 1998 meeting and allowed for freight forwarding uses on the property
immediately to the south. A subsequent amendment to that site plan (CU98-51) was
approved by Council at the November 17, 1998 meeting and allowed for improvements
relative to ingress/egress to the site.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "LI" Light Industrial District — former Trencor site
SOUTH: "LI" Light Industrial District — J.A. Green warehousing/freight
forwarding operation
EAST: D/FW International Airport
WEST: "CC" Community Commercial District and "BP" Business Park District
— small warehouse development occurring on the "BP" Business Park
District property but most of the property remains undeveloped
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The subject tract is located within "Zone B" Middle Zone of Effect as defined on the
"Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" Map. In "Zone B"
the following uses may be considered only if sound treatment is included in building design:
multifamily apartments, motels, office buildings, movie theaters, restaurants, personal and
business services. Single family residential and sound sensitive uses such as schools and
churches should avoid this zone. The proposal is an appropriate use in this noise zone.
MASTER PLAN APPLICATION:
The Master Plan designates the subject property as an Industrial land use. The applicant's
request is not in compliance with the Master Plan.
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Tract 2, Abstract
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CITY OF GRAPEVINE DEC 0 6 2004
ZONE CHANGE APPLICATION
1. Applicant/Agent Name _ Roger N e l s o n
Company Name City of Grapevine
Address P 0 Rnx 85104
City
Grapevine state Texas Zip 76099
Phone# 917-410-3154 Fax# 917-410-3018
2. Applicant's interest in subject property
City is changing land use patterns
3. Property owner(s) name A i rpp rt CrossJna Jnint Venture
Address 100 E 15th St #640
city Fort Worth State �x—Zip ���92 65co
Phone # Fax #
4. Address of subject property 9U 1 t N r
ract , Abstract 1029, Moore, Esther Survey
Legal Description: Lot Block Addition
Size of subject property acres square foot
Metes & Bounds must be described on 8'/Z ` x 11" sheet
5. Present Zoning Classification PID Planned Industrial Development
6. Present Use of Property vacant Indd8tr'ial bldg, tnmdnrary u i 1 i tv contrg
7. Requested Zoning District - Planned Commerce Development
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8. The applicant understands the master plan designation and the most restrictive zone that
would allow the proposed use is I n d u s t r a l/Bi>i nos a Park District --
9. Minimum/Maximum District size for requested zoning 5 acres
10. Describe the proposed use _ nn a ses o rnnosed with this rpauest
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Per.............
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 the 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.
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):
Applicant signature: Roger Nelson, City Manager
Owner (print): C °
Owner signature: \�1:27.1
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WWW.d.grapevtne.bc.ac
Michael E. Rader
Per .............
December 2, 2004
Mr. Tommy Hardy
City of Grapevine
200 South Main Street
Grapevine, TX 76051
RE: Zoning Change
Dear Tommy:
Enclosed is owner executed Zoning Change Application in reference to our property at 901 E. Northwest
Highway authorizing the City of Grapevine to proceed with approval to change zoning to PCD (Planned
Commercial Development).
Sincerely,
Michael E. Rader
Enclosure
101 Summit Avenue, Suite 804 • Fort Worth, Texas 76102.817-332-9174.817-332-9171 Fax
20+-1(Q
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 Z04-16 ON A TRACT
OF LAND OUT OF THE E. MOORE SURVEY, ABSTRACT
NO. 1029, 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 "PID" PLANNED INDUSTRIAL
DEVELOPMENT DISTRICT TO "CC" COMMUNITY
COMMERCIAL 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 Z04-16 to rezone the following described
property to -wit: being a 41.235 acre tract of land out of the E. Moore Survey, Abstract
No. 1029, Tarrant County, Texas (901 East Northwest Highway), more fully and completely
described in Exhibit "A", attached hereto and made a part hereof, which was previously
zoned "PID" Planned Industrial Development District is hereby changed to "CC"
Community Commercial 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.
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
ORD. NO. 3
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 18th day of January, 2005.
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 4