HomeMy WebLinkAboutItem 04 - Z04-05 Castle CourtCC ITEM #
TO: HONORABLE MAYOR, CITY COUNCIL MEMBI AND THE
PLANNING AND ZONING COMMISSION / i
FROM: ROGER NELSON, CITY MANAGER `.'� "t C� "
H..T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES
MEETING DATE: JULY 20, 2004
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE
CHANGE APPLICATION Z04-05
APPLICANT: Rickey McPherson
PROPERTY LOCATION AND SIZE:
The subject property is located at 3132 West Dove
Road and is proposed to be platted as Lots 1-8,
Block 1, Castle Court. The addition contains
approximately 1.47 acres and has 376 feet of
frontage along Dove Road.
REQUESTED ZONE CHANGE AND COMMENTS:
The applicant is requesting a zone change to rezone 1.47 acres from "CN" Neighborhood
Commercial District to "R-5.0" Zero Lot Line District for single family residential
development. -
The applicant proposes the development of eight single family lots with the smallest lot
comprising 5,050 square feet and the largest lot 9,087 square feet. All lots will be
accessed by a cul-de-sac street off of Dove Road.
PRESENT ZONING AND USE:
The property is currently zoned "CN" Neighborhood Commercial District and is
undeveloped.
0AZCU1Z04-05.4 1 July 11, 2004 (3:37PM)
(I
HISTORY OF TRACT AND SURROUNDING AREA:
The subject property and the property to the south was zoned "C-2" Community Business
District prior to the 1984 City Rezoning. The properties to the north and east were zoned
"R-1" Single, Family District prior to the 1984 City Rezoning.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "R-7.5" Single Family District—residential development
SOUTH: "CN" Neighborhood Commercial District—vacant
EAST: "R-7.5" Single Family District—residential development
WEST: City of Southlake
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 a Low Intensity Commercial land use.
The applicant's proposal is not in compliance with the Master Plan.
The Thoroughfare Plan designates Dove Road at the subject location as a Type C Minor
Arterial with a minimum 80 -foot right-of-way developed as four lanes with a center left turn
lane.
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Z04-05
Rickey
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ZONE CHANGE APPLICATION 0 7
pot....
1 Applicant/Agent Name Rickey L. McPherson
Company Name
Address P.O. Box 1792
City Grapevine State TX Zip 76099
Phone # 817-488-4163 Fax# 817-488-2105
2. Applicant's interest in subject property Owner
3. Property owner(s) name --- see above ---
Address
City State Zip
Phone # Fax#
4. Address of subject property 3132 West Dove Road
Legal Description: Lot Block Addition
Size of subject property 1.46 acres square foot
Metes & Bounds must be described on 8 Y2 " x 11" sheet
5. Present Zoning Classification CN Neighborhood Commercial
6. Present Use of Property Single family residence
7. Requested Zoning District R-5.0 Residential
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 Residential subdivision
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
0AZ=APP-ZN 2 5199
www.ci.grapevine.tx.us
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application maybe scheduled to a later date. .yzy"'"•
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.
1 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
subiect property.
Applicant (prin'
Applicant sign<
Owner (print) -
Owner signature:
0:\ZCU44PP-ZN 3 5199
www.ci.grapevine.tx.us
The State of T13.co---
County of yy"gcLh +
Befo e me 1 ram, , 1, C_. on this day personally appeared
/►tib known to me (or proved to me on the oath of
orthrough ��- (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 u der my hand and seal of office this day of -sA �--- L IA. D.
\`\��autiunugeru,�r,,,
V pU 9
51
SEAL z �'
of
The State of
County of
"tI, I— S , K L"-4
Notary Signature ,
Before me on this day personally appeared
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 day of , A. D.
SEAL
Notary Signature
ACKNOWLEDGEMENT
O:IZCUWPP-ZN 4 5/99
w ww. ci. grapevine. tx. us
J� i " -r
Pat. i & 4 - L- -1
All Zone Change Request are assumed to be complete when filed and will beplked 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 openedand testimonygiven 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.
Signature of Applicant
Date: Z7 —
W -
Signature of Owner
Date:
Platting Verification
0:1ZCU\APP-ZN 5 5/99
www.ci.grapevine.tx.us
LEGAL DESCRIPTION
A 1.465 acre tract of land being in the Southwest corner of a 15 acre {"�.f
tract of land deeded to W.T. Harwell by deed, and recorded in Book
1756, Page 437, Deed Records, Tarrant County, Texas, the same being a
part of the FRANKLIN WOOD SURVEY, Abstract No. 1688, Tarrant County,
Texas, said 1.465 acre tract of land being more particularly described
by metes and bounds as follows:
COMMENCING AT A ',�" iron pin located 787.0 varas North of and 6.0 varas
East of the Southwest corner of the said Franklin Wood Survey;
THENCE North 10.84 feet along the East right-of-way line of Kimball
Road to the POINT OF BEGINNING;
THENCE North 00000'00" East, a distance of 100.05 feet TO ANOTHER LI"
iron pin for the Southwest corner of tract No. 3-A-4 which is the
Northwest corner of this tract of land;
THENCE South 90°00100" East along the South line of said 3-A-4 tract of
land, a distance of 294.44 feet to another ;i" iron pin for the
Northeast corner of this tract of land;
THENCE South 00°00'00" West, a distance of 333.42 feet to another ;1"
iron pin in the North right-of-way line of Dove Road;
THENCE North 51°36'00" West, a distance of 375.71 feet WITH THE North
right-of-way line of Dove Road to the POINT OF BEGINNING, and
containing 1.465 ACRES, more or less.
()q -u5 -
WOO 7LMAI 001:8N
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 Z04-05 ON A TRACT
OF LAND OUT OF THE FRANKLIN WOOD SURVEY,
ABSTRACT NO. 1688, 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 "CN" NEIGHBORHOOD COMMERCIAL
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:
Section 1. That the City of Grapevine Ordinance No. 82-73, being the
i Comprehensive Zoning Ordinance of the City of Grapevine, Texas same being also known
ORD. NO. 2
as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby
amended and changed by Zoning Application Z04-05 to rezone the following described
property to -wit: being a 1.47 acre tract of land out of the Franklin Wood Survey, Abstract
No. 1688, Tarrant County, Texas (3132 West Dove Road; Lots 1-8, Block 1, Castle Court),
which was previously zoned "CN" Neighborhood Commercial 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.
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.
ORD. NO. 3
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 20th day of July, 2004.
ATTEST:
ORD. NO. 4
0 10 20 30 50 1001
SCALE IN FEET
I INCH = 30 FEET
NAD -83
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TR 3—A-4
0.87 ACRES
Vol 2637, Page 339
EAST 294.44'
743.44'
22 77' o
R.O.W. DEDICATION tots
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POINT OF BEGINNING I�
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VISIBILITY EASMENT
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LEGEND
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IRON ROD SET
-
IRON ROO FOUND
U.E. UTILITY EASMENT
S.W. SIDEWALK EASMENT
O.E. DRAINAGE EASMENT
NAD -83
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SURVEYOR'S CERTIFICATION
OF GRAPEVINE —
I,Tommy 0. Burks of BURKS LAND SURVEYING
a Registered Professional Land Surveyor of the State of Texas,
dbhereby declare that I prepared this plat from an actual and
accurate survey on the land and that the corner monuments shown
thereon were properly placed under my personal supervision in
accordance with the platting rules and regulations of the State
of Texas and the City of Grapevine.
Tommi 0. Burks, TX RPLS No. 5509
Burks Land Surveying Company
�0L'
VICINITY MAP
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BURKS LAND SURVEYING
204 S. Main Street, #250
R�9d
0. BOX B09
B
8 x LLA2i. SUITE 200
92.98'
Keller, TX 76244-2553
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OWNER'S CERTIFICATE '
STATE OF TEXAS
COUNTY OF TARRANT
WHEREAS. Rickey L. McPherson, is the owner of a 1.46 acre tract
of land in the F. Wood Survey. Abstract 1688, situated in the
City of Grapevine, Tarrant County, Texas antl being a portion of
that tract described in Book 1756. Page 437 of the Deed records
of Tarrant County, Texas and being more part i to Iarly described as
follows:
COMMENCING AT AYa- iron pin located 787.0 varas North of and 6.0
varas East of the Southwest corner of the said Franklin Wood
Survey;
THENCE North 10.84 feet along the East right-of-way line Of
Kimball Road to the POINT OF BEGINNING.
THENCE North 00'00 00" East, a tlistance of 100.05 feet to a
Y1" in pin for the Southwest corner of tract No. 3-A-4 which is
the Northwest corner of this tract of land,
THENCESouth 90'00'00 East along the South line of said 3-A-4
tract 0f land, a distance of 294.44 feet to a Yz" iron pin
for the Northeast Corner 01 this tract of land;
THENCE South 00'00'00" West, a distance of 333,42 feet to a
Ya" iron pin in the North right-of-way line of Dove Road;
THENCE North 51'36'00' west, a distance of 375.71 feet along the
North right-of-way line of Oove Road to the POINT OF BEGINNING,
and containing 1.465 ACRES, more or less.
NOW, THEREFORE KNOW ALL MEN BY THESE PRESENTS, THAT
Rickey L. McPherson does hereby adapt this plat of CASTLE COURT
ADDITION, an addition to the City of Grapevine, Tarrant County,
Texas, and does hereby dedicate to the public use forever the
right-of-wayand easements shown hereon. The easements shown
hereon are hereby reserved for the purposes as indicated. The
utility easements shall be open for all City Or franchised public
utilitiesfor each particular use. The maintenance of paving on
the easements are the respons ibillty 0f the property owner. No
builtl Ings or auxiliary structures shall be constructed,
reconstructed, or placed upon, over, or across the easements as
shown.Said easements being hereby reserved for the mutual use
and accommodation of all public utilities using, or desiring to
use same. Any City or franchised utility shall have the full
right to remove and keep removed all or parts of any fences,
trees, shrubs, or other improvements or growths which in any way
endanger or interfere with the construction, maintenance. or
efficiency of its respective system an the easements and all City
or franchised utilities Shall at all times have the full right of
ingress and egress to and from and upon said easements for the
purpose of constructing, reconstructing, inspecting, patrolling,
maintaining, and adding to or removing all or parts of its
respectivesystem without the necessity at any time of procuring
the permission of anyone.
CURVE NO. DELTA RADIUS LENGTH
C1
40'58'48"
BURKS LAND SURVEYING
204 S. Main Street, #250
130.00'
0. BOX B09
B
8 x LLA2i. SUITE 200
92.98'
Keller, TX 76244-2553
C2
26'09
07'
Tel. 817.379,1225
Grapevine, TX 76099
40.00'
E L L 1 E
ervG�rveeairv�. ,rvc.
18.26'
Tel. 817-488-4163
C3
40'03'32''
40.00'
27.97-
C4
97'10'51'*'
40.00'
67.84'
C5
90'00'00'
E40.00'
40.00'
62.83'
C6
13'17
30''
139.44'
C7
14'05
39'
170.00'
41.82'
C8
9'31'53"'
170.00'
28.28'C9
38'24
00''
150.00
100.53'
Ihave reviewed the City's Findings concerning dedications and I
do agree that the statements are true and correct.
This plat approved subject to all platting ordinances, rules,
regulations, and resolutions of the City of Grapevine. Texas.
Witness my hand this the day of 2004.
(Signature of Owner)
(Title)
The State of
County of _
Before me On this day personally
appeared Rickey L. McPherson known to me 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 day of 2004,
A.D.
tary Signa
PLANNING AND ZONING COMMISSION:
Date Approved:
Chairman: ------------------
Secretary: ------------------
GRAPEVINE CITY COUNCIL:
Date Approved: ______________
Mayor: ---------------------
Clty Secretary: --------
FINAL PLAT
OF
LOTS 1-8, BLOCK 1
CASTLE COURT
IN THE
F. WOOD SURVEY, ABSTRACT No. 1688
SITUATED IN THE
CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS
8 LOTS,1,46 ACRES
ZONED R-5.0 RESIDENTIAL
JULY 2004
This plat filed in Cabinet , Slide , Date_
P.O. Box 2553
Owner:
BURKS LAND SURVEYING
204 S. Main Street, #250
Rick McPherson
0. BOX B09
B
8 x LLA2i. SUITE 200
Keller, TX 76244-2553
P.O. Box 1792
m HOLLE. n—
�_..
L,
Tel. 817.379,1225
Grapevine, TX 76099
METRO B17/BOB-2242
E L L 1 E
ervG�rveeairv�. ,rvc.
Fax. 817.379-1244
Tel. 817-488-4163
FEBRUARY 2004
Ihave reviewed the City's Findings concerning dedications and I
do agree that the statements are true and correct.
This plat approved subject to all platting ordinances, rules,
regulations, and resolutions of the City of Grapevine. Texas.
Witness my hand this the day of 2004.
(Signature of Owner)
(Title)
The State of
County of _
Before me On this day personally
appeared Rickey L. McPherson known to me 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 day of 2004,
A.D.
tary Signa
PLANNING AND ZONING COMMISSION:
Date Approved:
Chairman: ------------------
Secretary: ------------------
GRAPEVINE CITY COUNCIL:
Date Approved: ______________
Mayor: ---------------------
Clty Secretary: --------
FINAL PLAT
OF
LOTS 1-8, BLOCK 1
CASTLE COURT
IN THE
F. WOOD SURVEY, ABSTRACT No. 1688
SITUATED IN THE
CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS
8 LOTS,1,46 ACRES
ZONED R-5.0 RESIDENTIAL
JULY 2004
This plat filed in Cabinet , Slide , Date_