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HomeMy WebLinkAboutItem 02 - Z13-02 B & G Properties, Lonesome Dove RoadTO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR' ZF*4#R1e11W.11W SUBJECT: STA-0 • • ;1;1 I Loax I Lei k, IrA bj!mn vvvelw M4J;NJ q -gag 11 11 APPLICANT: Dino Idoski [9 The subject property is addressed at 2497 Lonesome Dove Road and is proposed to be platted as Lot 5, B & G Properties. The site addition contains approximately 0.184 acres (8,007 square feet) and has 81 feet of frontage along Lonesome Dove Road. REQUESTED ZONE CHANGE AND COMMENTS: The applicant is requesting a zone change to rezone 0.184 acres (8,007 square feet) from "R-20" Single Familv District to "R-7.5" Single Family District for an existing single family home. With this request the applicant proposes to rezone the property to a category that more closely approximates the actual size and use of the lot. The property contains an existing single family home that is currently being remodeled. The subject and immediate surrounding property was part of a nearly 300 acre annexation from the City of Southlake and the Corps of Engineers in 1993. The property received the "R-20" Single Family Residential zoning designation after the annexation. NVARINMH•. 1�1� The property is currently zoned "R-20" Single Family District and developed with a single- family residence, O:\ZCU\Z13 -02213 -02.4 1 November 11, 2013 (3:33PM) The subject property was annexed into the City of Grapevine as part of an approximate 300 acre annexation from the City of Southlake and the Corps of Engineers which was approved by Council on November 2, 1993 (Ord. 93 -49). This property received the "R -20" Single Family Designation upon annexation. Most of the property in the general vicinity is unplatted and vacant with some single - family homes, Lonesome Dove Ranch, and several new single family subdivisions developed over the last 10 -12 years. A zone change (Z99- 18) was approved at the October 19, 1999 meeting, changing the zoning on property to the south and east to from "R -20" to "R- 12.5" Single Family District for the development of a single family subdivision. Further to the northeast of the subject property a zone change (Z99 -22) and a conditional use permit (0000 -54) were approved at the November 7, 2000 meeting changing the zoning on the property from "R -20" Single Family District to "RA" Recreation /Amusement District along with a conditional use permit for on- premise consumption of alcoholic beverages (beer, wine and mixed drinks) in conjunction with the operation of an existing recreation /amusement based business (Lonesome Dove Ranch). On June 20, 2006 a request to rezone 4.12 acres from "R -20" Single Family District to "R- 7.5" Single Family District (Z06 -09) was denied by the Planning and Zoning Commission and the City Council. Council granted a waiver of application fees and for the applicant to return with a new zoning application for the "R- 12.5" Single Family District. At the September 19, 2006 hearing the Council approved a zone change on 4.12 acres (Dove Park Estates) from "R -20" Single Family District to "R- 12.5" Single Family District for a ten lot single family subdivision. NORTH: "R -20" Single Family District — unplatted single family property SOUTH: City of South lake—u n platted single family property EAST: "R -20" Single Family District — unplatted single family property WEST: City of Southlake F.111112901-60411111 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. The Master Plan designates the subject property as a Low Density Residential land use. The applicant's proposal is in compliance with the Master Plan. /rs O:\ZCU\Z13- 021213 -02.4 2 November 11, 2013 (3:33PM) z),3-Da CITY OF GRAPEVINE ZONE CHANGE APPLICATION 1 Applicant/Agent Name rSLa S l 41V4 IVEK,14 CD5� Company Name it ,5- Address / S6ilv' C-112 . City. 6 d2 ?e State 7X zip 76e.5l Phone# S//' ?66 Wo� Fax # Email Mobile# 9/7 2. Applicant's interest in subject property incf j / �D e,v Legal Description: Lot IvH Block ,v-/f —Addition /11//t Size of subject property_ acres square foot Metes & Bounds must be described on 8 1/2 "x 11" sheet 5. Present Zoning Classification — 2 6. Present Use of Property 5 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 0:7-=APP-ZN 2 5/99 www.ci.grapevineAx.us _0 10. Describe the proposed use � - Z S 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. .- 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 (print): I , Applicant signature: Property Owner (print):) Property Owner signature: - o 0 _ O:\ZCUWPP -ZN 3 5199 w,Aw.d.grapevineAx.us I The State of County of Before me .���s��� on this day personally appeared (-S Me, r wst�i known to me (or proved to me on the oath of or through Z`� ,ts L- (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 _ S day of O` 6,.--Y- A. D. The State of County of 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 "T 0 C aw s O:\ZCUWPP -ZN 4 www.d.grapevine.tx.us us Notary Signature 5/99 U, Axmzg��� 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 may be scheduled to a later date. Y. re-VA-UM71-0-37'rT • Mi =0771777 • 77,0777 • Public hearings may be continued to the next public hearing. Public hearings will not • 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 ofApplicant Date: fO - () 3 — 13 0:1ZCU\APP-ZN 5 5199 www.d.9rapevine.tx.us L'LqZ"T# vifflopleumigDA All Zone Change Request are assumed to be complete when filed and will be placed on the agenda forpublic hearing at the discretion of the staff. Based on the size of the agenda, your application may be scheduled to a later date. !M;TIIIMI'I'1SM7 =&;,n i i - -, 'ff Y Li6tezin!Ft 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. 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C.0 0) a cm .0 -off G) o co m C: a) b a) 0 (1) :5 CU 0 (n ca (n M cu (n 0) m —0 E -0 o --S-60 C 0 CL o -�u 0 o m r o i6 ci 0) Z �2 C 16 - LO 2 co a) ui cr) cri LLJ co 0 c C14 >� 0 C:) Lf) CN .- & c) a) 0) 0,070 C:) f� - U-) -E- It * 'a —W :;t (15 43) ,It P M 0 V) C) -C) U) V) (D '5:2 a s om 0 �) 1=03 00 0 :3 "0 -a :5 it cO Z3 0 co io C) rr 0 ci 2-2 z to 0' z 0 0 lil CY (L) U) z -i6 z M U) v ctl cts 2— (n a) E uj 'a 0 U) LLJ () w () LLJ 0 00 (9 z z -E 2 z z w Z'm w a Z- Lu LU 0 0 ui o c TZ ca . 2: co m m (D E m E F- 2 F- F- 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 Z13 -02 ON A TRACT OF LAND OUT OF THE L. LINCOLN SURVEY, ABSTRACT NO. 918, 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 -20" SINGLE FAMILY 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 r_ 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. Ora NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY GRAPEVINE, TEXAS: 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 ORD. NO. 2 amended and changed by Zoning Application Z13 -02 to rezone the following described property to -wit: being a 0.184 acre tract of land out of the L. Lincoln Survey, Abstract No. 918, Tarrant County, Texas (2497 Lonesome Dove Road) more fully and completely described in Exhibit "A ", attached hereto and made a part hereof, which was previously zoned "R -20" Single Family 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 2. That 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. That 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. That 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. That 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 19th day of November, 2013. ATTEST: ORD, NO. 4 �' 11 I 4 rr � ,:`,� ti • � ■�' yrs, t 11 k` � �' , T- ■ `s'..ti. Mme. -.; ,•� _ _ E EL •� 1.4 i i. _ ■ r4!'w1 11 �' �i��� ' ail! i'• JP .`1 t:f i ,,y a i rf o ■ ` � .. 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