HomeMy WebLinkAboutItem 03 - Z05-08 Marion and Sharron Spencercc irim
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TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, ACTING CITY MANAGER
H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES
MEETING DATE: AUGUST 16, 2005
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SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE
CHANGE APPLICATION Z05-08
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APPLICANT: City of Grapevine
PROPERTY LOCATION AND SIZE:
The subject property is located at the northeast
corner of Genesis Way and State Highway 121. The
addition contains 12.49 acres and has approximately
1,350 feet of frontage along Genesis Way, 575 feet
of frontage along Fellowship Way and 700 feet of
frontage along State Highway 121.
REQUESTED ZONE CHANGE AND COMMENTS:
The applicant is requesting a zone change to rezone 12.49 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 and surrounding properties were zoned "I-1" Light Industrial District prior to the
1984 City Rezoning.
0:/ZCU/Z05-08.4 1 August 10, 2005 (10:42AM)
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "CC" Community Commercial District—Fellowship Church
SOUTH: "CC" Community Commercial District and "BP" Business Park
District -80 -room Fairfield Inn hotel and vacant property
EAST: "CC" Community Commercial District—vacant property
WEST: State Highway 121 and State Highway 26 intersection
The subject property is located near the boundary of both "Zone B" Middle Zone of Effect
and "Zone C" Zone of Greatest 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. Industrial and commercial uses that can tolerate high levels of sound
exposure are appropriate in "Zone C." The applicant's proposal is an appropriate use in
this noise zone.
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The Master Plan designates the subject property as a Commercial land use. The
applicant's proposal is in compliance with the Master Plan.
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0:/ZCU/Z05-08.4 2 August 8, 2005 (8:07AM)
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Z05-08
City of Grapevine
3193
3193
CITY OF GRAPEVINE
ZONE CHANGE APPLICATION
1. Applicant/Agent Name: BRUNO RUMBELOW, ACTING CITY MANAGER
Company Name: CITY OF GRAPEVINE
Address: P 0;,• 95104
GRAPEVINE, TX 76099
Phone: 817-410-3155 FAX 817-410-3018
2. Applicant's interest in subject property:
3. Property owner(s) name: MARION & SHARRON SPENCER
Address: 3214 WINTERGREEN DR
GRAPEVINE, TX 76051
Phone: 817-488-6168 FAX 817-488-6168
4. Address of subject property:
STATE HIGHWAY 26
Legal Description:
TRACT 2A, ABSTRACT 586 JAMES GIBSON SURVEY
TRACT I B1, ABSTRACT 1415, HENRY SUGGS SURVEY
Size of subject property 12.49 acres 544.064 square foot
Metes & Bounds must be described on 8 Y2 "x 11" sheet
5. Present Zoning Classification: PID - PLANNED INDUSTRIAL DEVELOPMENT
6. Present Use of Property VACANT
7. Requested Zoning District CC — COMMUNITY COMMERCIAL
8. The applicant understands the master plan designation and the most
restrictive zone that would allow the proposed use is
9. Minimum/Maximum District size for requested zoning
10. Describe the proposed use
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.
Any changes to a concept plan approved with a zone change request can
only be approved by city council through the public hearing process.
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 signature:
Property Owner (print):
Property Owner signatu
The State of _/e)CGS S
County of U(C CX n
Before me �uS�
appeared �►Ui) c
me on the oath of
to be the person whose name
acknowledged to me that he
consideration therein expressed.
ay personally
u rn be IOLJ known to me or proved to
or through
(description of identity card or other document)
is subscribed to the foregoing instrument and
executed the same for the purposes and
Given under my hand and
A.D. _
daja4 Adle
Notary Signature
SEAL
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Cd r :00
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d
.......... �w
06/23''
The State of leKO S
County of
r ro n f
seal of office this c�t� day of
WO _
Before me &7,Q n o . day personally
appeared Mar+'onp�encer` own to me r 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.
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Given and r my hand and seal of office this o� day of
`Suzy , A.D. DOas .
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Notary Signature
Case Z05-08 AUG 15 2005
City of'Grapevine
tzc& 80 0�-
.
WRITTEN COMMENTSMUST-BE RECEIVED BY THIS OFFICE NO LATER
THAN 5 PM ON MONDAY, AUGUST 151.2005
As (a Property Owner within 200 feet of the subject tract) or (an interested citizen), I
(approve) (protest) and/or (have the following comments)
The Fort Worth District of the Texas Department of Transportation is
conducting a major investment study for the SH 1141121 corridors- Preliminary
design alternatives depict proposed right of wav aggLAsition will be rewired
from the western boundary Of the property. The preliminary right of way taking
extends from a distance of thern border to
shown on the attached sketch.
A preliminaLy layout describing the proposed improvements is available through
our office.
Print Name and Address, or Lot, Block and Subdivision:
Curtis W. Hanan, P.E. .
2501 Southwest Loop 820, Fort Worth, Texas 76133
14 J (Phone No.) (817) 370-6535
Signature:
Signature: &AZI
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
,7, e, -0�
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 Z05-08 ON A TRACT
OF LAND OUT OF THE JAMES GIBSON SURVEY,
ABSTRACT NO. 586 AND THE HENRY SUGGS SURVEY,
ABSTRACT NO. 1415, 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 Z05-08 to rezone the following described
property to -wit: being a 12.49 acre tract of land out of the James Gibson Survey, Abstract
No. 586, and land out of the Henry Suggs Survey, Abstract 1415, Tarrant County, Texas
(northeast corner of Genesis Way and State Highway 121), 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 16th day of August, 2005.
ATTEST:
ORD. NO. 4
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