HomeMy WebLinkAboutItem 01 - Z03-06 Meritage Addition Ps z
j TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: ROGER NELSON, CITY MANAGE
H.T. HARDY, DIRECTOR OF DEVfPMENT SERVICES ''
MEETING DATE: SEPTEMBER 16, 2003
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE
CHANGE APPLICATION Z03-06, MERITAGE ADDITION
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GrLakeine APPLICANT: Kerry Cook
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Northwest PROPERTY LOCATION AND SIZE:
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The subject property is located at 1050 West Glade
Road, Tract 2A3, Abst. 440. The site contains 3.2
Hall-Johnson Sy,�so Airport a acres. The property has approximately 205.3 feet
of frontage along Glade Road.
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Glade Rd.
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REQUESTED ZONE CHANGE AND COMMENTS:
The applicant is requesting to rezone a 3.2-acre tract of land from "R-5.0". Zero Lot-Line
District to "R-7 5" Single Family District for the purpose of developing single family
homes.
The applicant is requesting to rezone the site to "R-7.5", Single Family District for the
development a single-family subdivision. This site was rezoned to "R-5.0", Zero Lot-
Line District in January 2003. At that time, the applicant wished to have the flexibility
with lot width that the "R-5.0" Zero Lot-Line District availed. Since then, the applicant
has purchased the vacant property on the west side of the subject site. With the
inclusion of this additional property, the applicant is able to develop the site as a
standard "R-7.5" subdivision, and no longer needs to utilize the reduced lot width and
front yard of the "R-5.0", Zero Lot-Line District.
Several deed restrictions regarding density and the placement of the street were placed
0:/zcu/Z02-09.4 1 September 2,2003(11:06AM)
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on this lot with the previous two rezoning requests on this site. They will be vacated
upon approval of this request.
PRESENT ZONING AND USE:
The property is currently zoned "R-5.0", Single Family District and is undeveloped.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject property and the property to the west and east were zoned "C-2"
Community Business District prior to the 1984 Citywide rezoning. These sites were
rezoned to "CN", Neighborhood Commercial District at that time. In May 2001, the
subject site was rezoned to "R-7.5" Single Family District with deed restrictions requiring
the property owner to place the street on the western side of the property and provide
the adjacent property owner access to the proposed street located between their
properties (Case No. Z01-04, Ord No. 2001-38). The subject site was again rezoned to
"R-5.0", Zero Lot-Line District in January 2003 (Case No. Z02-09, Ord. No. 03-06) and
deed restricted to a maximum of six dwelling units per acre. The property to the west
was rezoned from "CN" Neighborhood Commercial District to "R-7.5" Single Family
District in May 2001 (Case Z01-07, Ord. No. 01-40). In March 1991, zoning case Z91-
01 (Ord. No. 91-24) was approved for the site to the east, changing the site zoning to
"R-7.5" Single Family District. The property to the north of the subject site was zoned
"R-7.5 prior to the 1984 rezoning and has retained that zoning since. It has been
developed as the Glade Crossing subdivision.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "R-7.5", Single Family District— Glade Crossing
SOUTH: City of Euless
EAST: "R-7.5", Single Family District—Arbormont East
WEST: "R-7.5", Single Family District—Vacant Single Family residence
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 Low Density Residential. The
proposed zoning district does not comply with this designation.
01=202-09.4 2 September2,2003(11:06AM)
THOROUGHFARE PLAN APPLICATION:
The Thoroughfare Plan designates Glade Road as a Type E Major Arterial with a
minimum 80-feet of right-of-way developed as four lanes with a median.
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Meritage Addition
RECEIVED -203-0(o
AUG 0 2003
ZONE CHANGE APPLICATION PLANNING
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1. Applicant/Agent Name �'- y Coo r—
Company Name /`,��w T E x C d F-LO P M E,-.1r PLANNING
Address_ ';4 U O 73 C!k e. c E K FP rz
City v A a s _ State -r -Zip!k 3
Phone# 9 3- D 1 Fax# g 17-S-7 ) -
2. Applicant's interest in subject property t�w N Eli
3. Property owner(s)named E�-
Address -:�;7A r-I e'
city State Zip
Phone# Fax#
4. Address of subject property 10 0 0 LIq P r 'k 3>
Legal Description:Lot Block Addition
Size of subject property 3 , 11 acres I ` j'� square foot
Metes & Bounds must be described on 8 '/2" x 11" sheet
5. Present Zoning Classification S-
6. Present Use of Property
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
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
O:%ZCtMPP-ZN 2 5/99
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application may be scheduled to a later date. pl„A j11 N IM'2
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): p la Y CO p
Applicant signature:
Owner(print): K2
Owner signature:
O:\ZCU\APP-ZN 3 5/99
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The State of '1�7r ./ AUG 2003
County of PLANNIN
Before me on this day personally appeared
known to me (or proved to me on the oath of
or throu (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 unq [,AiW, hand and seal of office this _ 4- day of , A.D.
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s Notary Sign ure
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The State of
County of �c�1ihA/LS
Before me ( Ijrr'tt�; .� t � Q.�''�-� 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 4 day of _ �, A.D.
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���a•�.� P ueq�.ss~', Notary Signature
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Metes and Bounds AUG 0 2003
.PLANNJNQ
COMMENCING at 1/2 inch iron rod set at the southwest corner of Lot 8, Block
1, as recorded in Cabinet A, Slide 924, Abermont Estates, thence S00'11'23'E a
distance of 15.0' feet to the PLANT OF BEGINNING;
THENCE North 90 degrees 00 Minutes 00 seconds West 205.28 feet to a 1/2 inch
iron rod set, said point being aiso the southwesterly point of a 0,50 tract of
land as recorded in Volume 11474, Page 1148 Deed Records, Tarrant County,
Texas;
THENCE North 00 degrees 28 minutes 00 seconds West 679.00 feet to a 1/2 inch
iron rod set, said point being also a point on the south line of Lot 21, Block
1, Glade crossing IA & 1B addition as recorded in in Volume 12963, Page 184
Deed Records, Tarrant County, Texas;
THENCE South 89 degrees 33 minutes 00 seconds East along the said lire a
distance of 205.30 Feet to a 1/2 inch iron rod set;
THENCE South 00 degrees 28 minutes 00 seconds East
sac 67 o9 land feet torethe
POINT
OF BEGINNING and containing 139215.36 s
ORDINANCE NO.
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 Z03-06 ON A TRACT
OF LAND OUT OF THE J.R. DOSS SURVEY, ABSTRACT
NO. 440, 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-5.0" ZERO LOT-LINE DISTRICT
REGULATIONS TO "R-7.5" SINGLE FAMILY 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
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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.
WHEREAS, the property described in this Ordinance being a 3.19 acre tract of land
out of the J.R. Doss Survey, Abstract No. 440, Tarrant County, Texas (1000 Glade Road)
was zoned pursuant to Ordinance No. 2001-38, which ordinance was approved on the 15th
day of May, 2001, and the City Council accepted proffered deed restrictions proposed by
the owner, approved same in Section 1, attached the deed restrictions as Exhibit "B",
ORD. NO. 2
executed and filed said deed restrictions in the Deed Records of Tarrant County, Texas,
in Volume 15641-0455, page 1 — 10; and
WHEREAS, the City Council re-zoned Subject Property pursuant to Ordinance
No. 2003-06 approved January 21, 2003, which ordinance accepted and approved deed
restrictions, Exhibit "B", which deed restrictions were executed, but not filed for record; and
WHEREAS, with the passage of this ordinance, the City Council repeals, rescinds
and cancels Ordinance No. 2001-38 and Ordinance 2003-06 and authorizes and directs
the City Manager or his designee to execute the necessary document prepared by the City
Attorney for filing in the Deed Records canceling, rescinding and terminating both sets of
deed restrictions and to file said cancellation, rescission and termination in the Deed
Records of Tarrant County, Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That all matters in the preamble are found to be true and correct and
are incorporated into the body of this ordinance.
Section 2. 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 Z03-06 to rezone the following described
property to-wit: being a 3.19 acre tract of land out of the J.R. Doss Survey, Abstract
No. 440, Tarrant County, Texas (1050 West Glade Road), more fully and completely
described in Exhibit "A", attached hereto and made a part hereof, which was previously
zoned "R-5.0" Zero Lot-Line District Regulations is hereby changed to "R-7.5" Single
Family District Regulations, all in accordance with Comprehensive Zoning Ordinance No.
82-73, as amended.
Section 3. 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 4. 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 5. 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
ORD. NO. 3
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 6. 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 7. 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 8. 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.
Section 9. 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 September, 2003.
APPROVED:
ATTEST:
ORD. NO. 4
APPROVED AS TO FORM: -
ORD. NO. 5
A
CASE NUMBER C[J03-,q
11
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°� »,�., I �► Proposed use:
' I tall- ki »' GENERAL r,.""8 1 Professional OFFice development
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° 15M RSP. I I r Total usable area: 50,130 sr.
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VW0?CALDWkWftRaenNwgAtl WAFXWW OF 0 D
i.-
_- COKCEYT PLAN
The prupcny is curmndy caned-R-5.0"Zero Lot Line Diatrict
,�� .�,r:r _�. :atl„i:s)+n i•+i•s i s • The requuted coning is"R-ZS",Single Family District
o ?c 60 0 +e I The current land use desi)mation as contained in the Comprehensivc Mager
.,
— Yl:ut is Low Density Residential
All Ail requirements of Section 15,Singfe Family Diavta shall be net
SCALE _ 30' --�'� rsite i
z>
'''���7J7J7J Please note on the site plan during the period ofcongruction all the
o requirements of the Grap;vine Soil Erosion Control Ordinance shall be m t.
s ,,,. _._ + r+^I • All public utilities shall be placed underground
ViCifiiTY MAP
POINT PINT OF
B4GINNING
5 Is Is P}�
CV- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - is
j 10 U.E.— j i r
o� ' ,� -
LOT �IlT LOT 7 �T. LDT 6 ;,7, LOT 5 LOT 4 LOT 3 LP?2 LDT I `n' I J) k P?A` `N l t
2864 SF ':y 7906 Sr- i/C 'SF -_r� L• SF z, 51 0 F r 8°;7;; n 8170 SF 8179 SF ` 9424 SF
7"�'
Zo3-o6 is to rezone a 3.ig acre tract of land
From"R-5.o",Zero Lot Line District to"R-7.5",
� _ Single Family District for the development of
Cc '" � 33. bL nrANCE r \ o I Single-family homes,located at i000 Glade Road
ASEMENT P' ;
i i -MERITAGE LANEi'` i ' I w
n (50.0' REV.)
Uii it} Lire T G ' 6c.OG' % .Gih'-rt ` w u
1 \ \ \, ,�t\`�• `\\.,�\ Syr,` ��`\'�' ti:', .� t�`I� ':\ .�• `\`:\\ .`\\ `\\:�•.\` :\\\ \\\\\\. ,\ •\\ \, ,`�\ \,
\ 'f
04
:
IAN
`\\, CASE NAME:Meri
\` F
�' Addition
.. .,., ,..\ ,. ,.,...�\, \\ •'`� -\, \� I. CASE NUMBER:ZC3.06
�t\. ,� `x. \?: ^,�`• \ \. "`\, �t. :\�\- �';`, 1 t•% A•.-. ,c\C'� . �7 LOCATION: 5000 Glade Road.Easternof2/3 the
- <::�\ s.,\ -: '\� .� .... '�.\1.`.\,�\ (:t'. \�\. . .:`'r' �i��`,`.,:�`,\\.•mod. .:�\`.\\\'::':\..\. •y ;\. \...•:..Ci1„`\...:,\`.\ ,.\�\. ;��`�\\•.. `NI proposed Meri�r \. ..i :3) 1\
r \ 77 CF f —...—__-_-.— 3 , / r �7 t^r t. p c r Trl/ l Wge Addition.
._$<" \. ,�:.--<' I. •.\ .\ .\• .�. \ :��'`.. :t MAYOR SECRETARY
_
. . \ \`,- � `CeC,•^`\. `,\`:. ,\'•,:i, \\ "� �; DATE:
^,c'c,\�: `:"`'^[\.t;�,..�T '`c-,.�"�-�c•',T"•-"ACT', �..• ,"�<\ 'i^'c.:'�•-•��•-�- �•.-� :=.`.-.\••�.\`'�T'`"`-��\• \-\t�,-"�+.'•fit.\., ,,'CC�':�'R^�:,•\'�-c`; �\.
1 .
PLANNING AND ZONING COMMISSION
NX) 01 -y 01 `..661..G 1 S i ( I
CHAIRMAN t
DATE:
SHEET: OF _
dqJ�a`�+`�P+•� APPROVAL DOES NOT AIITMORIZE ANY WORK
IN CONFLICT WITH ANY CODES OR
FRi7ES�tTM t ORDINANCES.
L+ 2804 i
o ��PARTMENT OF DEVELOPMENT SERVICES I
Sult
-- -, OWNER i DEVELOPER riq b
IMMY
200 BEAR �K The se*t as CREEKIVE DR /147 doa w nent auV aMMzed
-.. - EUf.ES3, ERl TX 76039 =1ED8CDIN.RAPS
TEL'817-883-0129 DATE—
ERNEST HEDGCOTH
ifrlYE S1TE-NOT
CONSULTING ENGINEERS. INC.100 YEAR FLOOD PLAIN IS PAN L - -----
N. ND 1AUGUS 2,PANEL 215, 5701-C NIDRAY ROAD
F tf95.WTEU AUGUST 2,1495 -
FORT AORTH,TEXAS 78317
(017)831-7711 Septerricor- 2003
eaurr s-ta-n