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HomeMy WebLinkAboutItem 01 - Z04-06 KMF PropertiesTO: TO: FROM, MEETING DATE: SUBJECT: I I -----------� — Grapevine 0 Lake I °ye ai I Ra. I as'A' R HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION ROGER NELSON, CITY MANAGER H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES SEPTEMBER 21, 2004 DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE CHANGE APPLICATION Z04-06 r I I I I I I I.H. l 0'W 3 Hall -Johnson ygs Airport m rl I— 7 0 T----� o I L —1 I m Glade Rd. APPLICANT: Kris Fagala PROPERTY LOCATION AND SIZE: The subject property is located at 621 North Main Street and legally described as Tract 20, A. F. Leonard Survey, Abstract 946. The site contains approximately 0.648 acres and has approximately 135 feet of frontage along North Main Street. REQUESTED ZONE CHANGE AND COMMENTS: The applicant is requesting zone change to rezone 0.684 acres from "R-7.5" Single Family District to "PO" Professional Office District to allow the existing residential structure to be converted to an office building. The applicant, who is also the owner of the subject property, intends to utilize the structure for his own business needs. This site was designated an "HL" Historic Landmark Subdistrict by Council at the July 16, 2002 meeting. A set of preservation criteria for the Marvin Langley House was developed and approved by the Historic Preservation Commission at their June 26, 2002 meeting. Any future changes to the site proposed by the applicant will require a Certificate of Appropriateness from the Historic Preservation Commission. R:\AGENDA\09-21-04\Z04-06.4.doc 1 September 16, 2004 (10:11 AM) PRESENT ZONING AND USE: The property is currently zoned "R-7.5" Single Family District and is developed as a single- family residence. The subject property and adjacent sites to the north and east were rezoned from "R-1" Single Family District to "R-7.5" Single Family District during the 1984 City Rezoning. The property to the east was rezoned to "R-5.0" Zero Lot Line District in 1994 (Z94-14) and subsequently developed with "period style" single family homes. A Historic Landmark Designation was placed upon the property to the north via case HL01-1 1 in January 2002, for preservation of the Ed Langley House. The property to the west and south was zoned "R-3.75" Three and Four -Family District and developed with apartment homes prior to the 1984 City rezoning and has remained intact. The Grapevine Historic Preservation Commission recommended at their June 26, 2002 public hearing that the subject property be designated a Historic Landmark Subdistrict. At the July 16, 2002 meeting, Council approved a Historic Landmark Subdistrict Overlay (HL02-01) on the subject property which included a set of preservation criteria that will regulate the use and development of the site to ensure the historic significance of the site is maintained. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "R-7.5" Single Family District with a Historic Landmark Designation— single family residence (Ed Langley House) SOUTH: "R-3.75" Three and Four -Family District—existing apartment homes EAST: "R-5.0" Zero Lot Line District—Silver Lake Estates subdivision WEST: "R-3.75" Three and Four -Family District—existing apartment homes AIRPORT IMPACT: 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 Residential Medium Density land use. The applicant's proposal is not in compliance with the Master Plan. The Thoroughfare Plan designates Main Street as a Type F Collector with a minimum 75 - foot right-of-way developed as four lanes. /rs RAAGENDAM-21-04204-06.4.doc 2 September 16, 2004 (10:1 1AM) KMF Properties Z04-06 1 inch equals 300 feet AQ R 3.32 AC 1 _. \TR ' .; \ GV I R -7.5z 26 12059 AC GU 1.6220 4 3717 aM GU {ESN -- .. TR 21 C2 f P�C"`ST 6 y TR 20A t' i `54 _ �.. R-TH S MS .58AC R,7,5 _ 7.74 AC `'.. ' _...... _. E -R-12 3�7,5 GU 4 TR 1 .5 AC Zia ,ao R-5.0 _. ®_ 2 19 P 3 Q 1 R- TR 14AR-MH 3.o AC R 1 TR TR TR -�t0 L 6 EN R 29 23 Lr �T TR i6 TR6 ��� _,� j 1 6 i 45 i 1 22 .. D1 -.. _... Et ..y 4 440 C 10 1g'' 4 3 22 A 8 A 1 1 8 TR T TR 12 TR 12 TR 296 21 11 20 10 25 AC T T V) 12 9 TR 30F 3 6 7 8 10 11 t2 13 14 TP JQA 19 t _..'. 25 .3250 19 W 13 16 8 .5 AC s ! 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P.0 CjV P. 14A1 13 1 12A, IiY CBD GBD CBD 78 39TR40A 99 840Ai TR 41 TR 42 TR 44C 1� O HG �1 1 4 HC 3aAC 1�00 KMF Properties Z04-06 1 inch equals 300 feet Z0q-0(0 01 4 CITY OF GRAPEVINE J LL ZONE CHANGE APPLICATION Per ............. 1. Applicant/Agent Name I&W F64ALA Company Name "r-_ Address flos' ti. City State 7Y, Zin ,'7&or( Phone i I - 414- r) 3, 0 Fax #_ &I 2. Applicant's interest in subject property mj"eg- 3. Property owner(s) name sA-,c Address City State Zip Phone ft Fax# 4. Address of subject property 6 21 1J. AnAld Legal Description: W Ttt&-r 1 Size of subject property (61P 84 acres square foot Metes & Bounds must be described on 8 Y7, x 111" sheet 5. Present Zoning Classification 6. Present Use of Property—VAr-A,* 7. Requested Zoning District 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 O:ZCU\APP-ZNCP 2 Me www.d.grapevinet.tcus "'j a 10. Describe the proposed use f . OFPfcf. 11. The Concept Plan submission shall meet the requirements of Section 45, Contents of a Concept Plan, Section 45.C. All Zone Change Requests are assumed to be complete when riled 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. Ali public hearings will be opened and testimony given by applicants and interested cltlzenry. Public hearings maybe 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. 1 have read and understand all of the requirements as setforth 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): 944,C M f4cftzl Applicant signature: k. IM Property Owner (pririt): XA—'L Property Owner signature: ep^t OZCU\APP-ZNCP 3 1/98 www.ci.grapevi neAx us The State of County of 6t 61 J, U , U" Befor me i W hl, tCk'701-0- 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 sea[ of office this S M1 LORI A. LATHROP N Notairy Public, State of Texas OM My Commission Expires Ndvember 06, 2007 The State of ::rL - 614d yof A.D. C&I Notdry Signature, U County of �Cz--rr�rt Before me 12j\.X-j VL 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 �'�i day of 5AYk -IA.D..2Lo C SEAL Notary Signature #toy! LORI A. LATHROP I Notary Public, State of Texas s yam,I My Commission Expires ;I November 06, 2007 OZCUIAPP-ZNCP 4 www.cI.Urapevine,bLus 1/98 ACKNOWLEDGEMENT IJ All Zone Change bequest 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 maybe 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. 1 have read and understand all ol~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 ofApplicant Date:- G - 3- a 4 Signature of Property Owner Date: G -3 O:ZCUWPP-ZNCP 1tes WWW.d.®rapeAne.tx.us EDWARD L. LANGLEY etux VOL. 1968, PG. 88 N 88014'28"E 201.44' 590 o I holly DRAKE HSE 0.88'4 .ACRES OIL 19 o e. es.s' 13FR[DG o WWDvn.L k �35 ' t Y�TIL��NtQ(JD Ca�RT I� OF CCBENGT�NRRNFFWGAT 5/ COIWER LQT B &HALL ESTATES t Wafter W. Ward, R fend ProfNaioaal Land Sia oebo»by 1+ Sdicrs, Gcadan i'urcMasen, TJGf G� sad it. ndtrwrfIt. ibat lbb survey was wade an Hee ground coder roaapervi and co sbowr the comers, boundary flow dImmosioa and areaof ad tadteated ►ervoo, fad eorrectty sbe" the food" of ad pes'moneat buildings ,unctures, and other kmprovement and vistbk items, of t�c asbjaet property, Sao cc= sbaen t►e location of all aikys,,treets, roads, rtg►t, af-way eaaomeott And oHt°r futtm�, of rowrd, of w►kb a bsrc "awisop, orbic.► affett the,xbjeet property according to the legal description in swb watttit. 710 •aderdgaed lin'tber car%flw that *wept as shown wercon, tbare crit be Via" de•erspancies, s►octages to area, be0odar} list conflicts, encroachments, overlaaMoggt i,nprfvemeats, easomeei, or rights -of -tray, afdd 1IAe subject ser•0artt►aa attest to and Aron;a deMeated roeedway. Itagisorad Prattfaiona l Land Sumyor No. 2014 now Amording to the FMM pdbiiattad by FEMA Cc+cmmunity Pmot No. ��Q r4�Q ,S / dun lot is alit affected by d* fd0 yqr flood plain, Zortc,�. 1/21, IS t�1 IS Per,......,... FI F..LD NOTES A TRACT IN THE A. F, LCONART) SURVEY AnSTRACT NO, 946, 5I'1'UATf D IN THP CITY OF GRAPCVTNF, TARRNNT COUNTY, TEXAS, AND 1cT_ING A t-'OPTIONOF R CAI,t.rU Vii. 17t', ACRE. TR.AC.T DESCRTTIEO TN A D?iP:Ii RECORDED fit VOi.UMr 507i, PAG[. 10, DEED RECORDS, TARRANT COc_)N';'`' TEXAS, SAID F'ORTTON REINC: MORE PARTICULARLY DESCRTnED I;f �j[71: ; Arm BOUNDS AS FOLf,OWS: SEG INNINC at a point 01 r_on(-retr at. the southr.;ast c:orl"r of Lot 8 of Marshil) 1 F.st,,tfes Add tion t0 thr Ci t of Gtagsevine, as shown on a plat recorded in Volume 38f3-17(3, rAGE 88, pi,it Records, Tarrant. County, T(xas: IHFNCI' N. 30 -,o' -21,W-163. 845 feet alont the r):,t li.ne of said t,ot d, Mar hal.1 E,tat.es to a5;8" iron set in samr>, said poi.1t heincy the southwest corner of a tract. clrscrited in a deed to Edward L. Lanu1(:�}' et.cax of record 'in Volomr, 1968, Paye 8H, DRTCTc THENCE N. HRo-14'-28"L. 201.44 Peetto a 1/2' iron 4-"nd at tilt. �;outiceast corner of thr lest referenced rar..t. i.n the apparent wast. line- of N0rt11 "fain Streot; 'rIICNCE' S. 10-°.8'-28" E. 1.35 -69 feet along Said Hest line to a 1/2'• iron found at ti -,.e i.ntc-:rsection of said gest. line and the norther right.--of-way line Of WiIOWC)od Court; ft1F. [iOt'-05' 70 1�. 198,0(? rF�et alunq s!ai,l north 1i.ee U[' t,'i l.cJwood Court t.a thea fo1NT OF nE.:'iN:1cING ane! cant.ainina O.G84 acres. UAW. 0". , �tww. rxrz� �ls.t,s�rr Per. _........ KMF Properties 1705 W. Northwest Hwy Suite 180, Grapevine, TX. 76051 817-416-0310 ph. 817-416-2598 fax Date: June 3, 2004 Mr, Ron Stambauch Department of Planning/Development Services 200 S. Main Street Grapevine—,TX, 76051 Re, 621 N. Main Street Dear Ron, Per ............. The attached drawing and application for zoning change have been reviewed and coordinated with Historic Preservation Department and incorporate their recommendations. Our intent is to secure. "Professional Office" zoning on this property and maintain its historical integrity. We have completed most of the exterior renovations and would like to have the city's approval to remove the existing garage, add landscaping and re -furbish the windmill. Please feel free to contact us by email, phone, fax or mail should you have any questions. Very truly yours, Kris M, Fagf7oll� Property Owner 0 J� OFFICE X16' 11 x 14' STORAG 8'10 x 14' C- FILE ROOM RECEPTION,, 12'x14' 13'10x14' . r Office Plan JIvy� "� Per ............. OFFICE`, 15'4 x 14' �f� 4 wa I PORCH 7'10 x 14' UJILD WooQ r OARS IMPERVIOUS COV„�R�4C� 251W ! TOTAL LOT AREA $612 a TOTAL PERVIOA < 19. 3 x < trfo � omlcnea6e r� oalc+�rE � 1253 : TOTAL BUILL2kJGh10U81E 42aa f6 soma - Distinctive Dwellin 3 Home Designers q 1256 Moin Street Southiake, texos 3 •6urldeF/0*ner to verify and check all aspects of this site and &t pk F -If -t- yrs{dc�l� t�o� VICINITY MA Iw.aur i� -i d --W: c r � yf............. RMW'21rI 10 W. Yo. j LAMA— i It 1 I �IST�S f Cxf6te�Yi How i d APPROX W Frr. i O ----------- r ^_.ra-Uow'SK2e UJILD WooQ r OARS IMPERVIOUS COV„�R�4C� 251W ! TOTAL LOT AREA $612 a TOTAL PERVIOA < 19. 3 x < trfo � omlcnea6e r� oalc+�rE � 1253 : TOTAL BUILL2kJGh10U81E 42aa f6 soma - Distinctive Dwellin 3 Home Designers q 1256 Moin Street Southiake, texos 3 •6urldeF/0*ner to verify and check all aspects of this site and &t pk F -If -t- yrs{dc�l� t�o� VICINITY MA Iw.aur i� -i d --W: c r � yf............. 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 Z04-06 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-7.5" SINGLE-FAMILY DISTRICT REGULATIONS TO "PO" PROFESSIONAL OFFICE 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 Z04-06 to rezone the following described property to -wit: being a 0.684 acre tract of land out of the A. F. Leonard Survey, Abstract No. 946, Tarrant County, Texas (621 North Main Street) more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "R-7.5" Single -Family District Regulations is hereby changed to "PO" Professional Office 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 21st day of September, 2004. ATTEST: ORD. NO. 4