HomeMy WebLinkAboutItem 02 - Z04-10 Mouton Salonf✓ ITEM 3 —
TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: ROGER NELSON, CITY MANAGER LW1
H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES
MEETING DATE: SEPTEMBER 21, 2004
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE
CHANGE APPLICATION Z04-10
APPLICANT: Alan Curlee
PROPERTY LOCATION AND SIZE:
The subject property is located at 2020 Hall Johnson
Road and is proposed to be platted as Lot 2, Block 1,
Driskill Place. The addition contains 1.228 acres and
has approximately 325 feet of frontage along Hall
Johnson Road.
REQUESTED ZONE CHANGE AND COMMENTS:
The. applicant is requesting a zone change to rezone 1.228 acres from "PCD" Planned
Commerce Development District to "CC" Community Commercial District for a proposed
salon.
The property is currently zoned "PCD" Planned Commerce Development District which
under the "Standard Development" option allows property to be developed under the "CC"
Community Commercial District guidelines on lots that are a minimum of two acres in size.
The applicant's proposal is a permitted use in the "CC" Community Commercial District
however the proposed lot configuration contains only 1.228 acres thus necessitating a
change in zoning.
OAZCU204-10.4 1 September 13, 2004 (12:36PM)
PRESENT ZONING AND USE:
A�!
The property is currently zoned "PCD" Planned Commerce Development District and is
undeveloped.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject property was rezoned from "R-1" Single Family District to "PCD" Planned
Commerce Development District in the 1984 Citywide rezoning. The property to the east
was rezoned from "R-1" Single Family District to "PCD" Planned Commerce Development
District in the 1984 Citywide rezoning. The property to the south was rezoned from "R-1"
Single Family District to "PCD" Planned Commerce Development District in the 1984
Citywide rezoning. The property to the north was rezoned from "R-1" Single Family District
to "R-7.5" Single Family District in the 1984 Citywide rezoning. The property to the west
was rezoned from "R-1" Single Family District to "PCD" Planned Commerce Development
District in the 1984 Citywide rezoning. Zone Change Request Z98-11 rezoned the property
to the southwest to "CC" Community Commercial District. At the May 4, 1999 meeting a
zone change request (Z99-04) to rezone the subject site to "CC" Community Commercial
District was withdrawn by the applicant. At that same meeting a conditional use request
was also withdrawn on the subject property for an automotive repair garage.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "R-7.5" Single Family District — Saybrooke Addition
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SOUTH: "PCD" Planned Commerce Development District — Unity Church
EAST: "PCD" Planned Commerce Development District - Vacant
WEST: "PCD" Planned Commerce Development District — Eckerd's
The subject tract is not located within any zone of effect 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 Commercial land use. The
applicant's proposal is in compliance with the Master Plan.
THOROUGHFARE PLAN APPLICATION:
The Thoroughfare Plan designates Hall Johnson Road as a Type C Minor Arterial with a
minimum 80 -foot right-of-way developed as four lanes with center left turn lane.
0:2CU204-10.4 2 September 13, 2004 (12:36PM)
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ZONE CHANGFJCONCEPT PLAN APPLICATION
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I APPLICANTIAGENT NAME "e,
COMPANY NAME 0109.051 c C97 "f C e-P')4.s yZ%47 COT'
ADDRESS 60.3
ciTy STATE 7_icxo.-r —zip
PHONE #1,7, 3 —FAX# 9?/'7 260-08GO
2. APPLICANTS INTEREST IN SUBJECT PROPERTY
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PROPERTY OWNER(S) NAME . POV !SC.ffWAJZTZ
ADDRESS 555 F1 PTH Ave _ FL06e 10
CITY Nr=w \�cfzk STATE N -Y —zip loci,,]
PHONE#(2!2)L t-:3 � Q_FAX *(212)367-1323
ADDRESS OF SUBJECT PROPERTY W26 HAUJOHIUSolq - Cg. I2_,nP[VuvETV'7&6s1
LEGAL DESCRIPTION: LOT AD!; BLOCK ADDITION - I&AM Dg iSUL L
SIZE OF SUBJECT PROPERTYf 2S ACRES 55 R SQUARE FOOTAGE
METES & BOUND$ MUST BE DESCRIBED ON 8 IIZ'X 11° SHEET
PRESENT ZONING CLASSIFICATION.Ay4-vVw-v/ &w"eAf,&
PRESENT USE OF PROPERTY
REQUESTED ZONING DISTRICT Von,'FIM41!2
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THE APPLICANT UNDERSTANDS THE MAMR PLAN DESIGNATION AND THE MOST
RESTRICTIVE ZONE THAT WOULD ALLOW THE PROPOSED USE IS
MINIMUWMA)dMUM DISTRICT SIZE FOR REQUESTED ZONING
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'JUL U1 U4 11:51a DEVELOPMENT SERVICES 81'74 1 0301 8—_
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10. DESCRME THF PROPOSED USE
11. THE CONCEPT PLAN SUSM1SSION SHALL MEET THE REQUIREMENTS OF SECTION 45,
CONTENTS OF A CONCEPT PIAN, SECTION 45.C.
�FrT [�� GONCEP'C PLAN
ALL SUBSEQUENT SITE PLANS SHALL CONFORM TO THE CONCEPT PIAN SUBMITTED
WITH THE ZONING APPLICAVON,
All Zone Change Requests are assumed to be complete when filed and will be placed on the
agenda for public heating at the discmdon 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 clitaenry.
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 he approved by
City council through the public Rearing prop ss.
1 have rear) 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.
1z SIGNATURE TO AUTHORIZE THE FILING OF A FINAL 81TE PLAN.
APPLICANT (PRINT) , �1�4� 8. - 16"1-
APPLiCANT SIGNATURE OA�,O)A f-11—
OWNER
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OWNER (PRINT)
OWNER SIGNAT
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All Zone Change Request 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 maybe scheduled to a later date.
.411 public hearings wlil be opened and testimony givers by applicants and Interested citizenry.
Public hearings may be continued to the next public Rearing. public hearings will not be tabled_
Any changes to a concept pian 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 set forth by the application for zone
change request and ackn_owledgQ that all requirements of this application have been met at the
time of submittal,
Signature of Applicant
Date:
Signature of Owner
Date: 41a,
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Jul 01 04 lIsSla DEVELOPMENT SERVICES
The state of
County of
0174103018 p.4
Per .............
-d "t i!ux'c f C- on the day personally appeared
Before
me --bLUj- known to me (Qr proved to me on the oath of
Al . e -I. -OL -Cf or through _ (description of
identity Ca -7d 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 afte MIS _yl±- day of AD,
SEAL
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Notary Signature
JUDITH A. CURLEE
Notary Public, Stat* Of 70-r�
my Commission Expires
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t4wywrribor 17, 2007
The State of 00 0- , <--
county ofko (�o (?'' 1<z— If
Sato 0 me 0 '-- 4e on this day personally appeared
known to me (or proved to me, on the oath of
or through (description of
Identify card or other document) to be the person whose name is subscribed to the foregoing Instrument
Wjd ecMowiedged to me that he axwited the same for the purposes and consideration therein
wqxessed.
al crf offrA this -------- JkD. lcq
Given under my hand and se _JG—
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Notary Signo*
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CARMEN J. TOMI::
NOTARY PUBUC - STATE OF SKEW YORK
NO. 01104704579
CUAURED IN QUEENS COUNTY
My Cornminfen Expires Aug. ;it, 2005
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Per .............
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RE: Approximately 50,000 sq. ft. of land, known as Tract 3A01 Lot A05
William Driscoll Survey, Grapevine, Texas
This contract is hereby amended to allow a revised zoning and closing schedule
as follows:
The property will be submitted to the City of Grapevine for zoning approval to
allow a beauty salon be constructed on the above -referenced property on or
about September 17, 2004.
Upon City Council approval, the closing and funding is scheduled to be on
September 28, 2004 at the title company.
Seller is obligated to approve and sign the zoning change request by this
agreement. All of t costs will be paid by purchaser.
BY BY
Dov Swartz Bruce Ma paha
DATE:
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n ORDINANCE NO.
t
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 Z04-10 ON A TRACT
OF LAND OUT OF THE W. DRISKILL SURVEY, ABSTRACT
NO. 405, 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 "PCD" PLANNED COMMERCE
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 Z04-10 to rezone the following described
property to -wit: being a 1.228 acre tract of land out of the W. Driskill Survey, Abstract
No. 405, Tarrant County, Texas (2020 Nall -Johnson Road) more fully and completely
described in Exhibit "A", attached hereto and made a part hereof, which was previously
zoned "PCD" Planned Commerce 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 21st day of September, 2004.
ATTEST:
ORD. NO. 4