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HomeMy WebLinkAboutItem 04 - Z08-07 410 North Dove Road .�; �C ;��'�� � _� �� , _._�.__..T..�._._e r� �Z# �- TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER �� SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: SEPTEMBER 16, 2008 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE CHANGE APPLICATION Z08-07 „ , , „ r--� i � i i i i ~ -- � `-- APPLICANT: Steve Skinner �--� � t� ti, ----------- - � � �—_ Grapevine Q- j Lake `' f Do i i �Ra � PROPERTY LOCATION AND SIZE: � � � � � i '� � Northwest ��� I.H.is35 The subject property is located at 410 North Dove � Road and is platted as Lots 5A, 5B, and 6, Block 7, \(a�,�oodSP�� N ��,,� W. C. Lucas Addition. The addition contains 1.38 f � acres. The property has approximately 239 feet of � a I frontage along North Dove Road and 234 feet of � sy DFW ; I � Hall-JOhnson ��,o Airport a � frontage along Hilltop Drive. 1 �t�,. �-, m I I T----� o I LJ ,� I � Glade Rd. m I _� H c . � 3 REQUESTED ZONE CHANGE AND COMMENTS: The applicant is requesting a zone change to rezone approximately 1.38 acres from "R-7.5" Single Family District to "R-5.0" Zero-Lot-Line District for residential development. The applicant intends to develop six residential lots on the subject tract ranging in size from 7,748 square feet to 10,258 square feet. The average square footage lot in this proposed subdivision is 8,745 square feet and density is 4.34 units per acre. The minimum lot size in the "R-5.0" Zero Lot Line District is 5,000 square feet and maximum density is eight units per gross acre. PRESENT ZONING AND USE: The property is currently zoned "R-7.5" Single Family District and is developed as a former � bookstore and prior to that, a church. 0:1ZCU1Z08-07.4 1 September 10,2008(3:01 PM) HISTORY OF TRACT AND SURROUNDING AREA: `�_�' The subject property was rezoned from "R-1"Single Family to"R-7.5"Single Family District in the 1984 City-wide rezoning. The properties to the north, east and south were rezoned from "R-1" Single Family to "R-7.5" Single Family District in the 1984 City-wide rezoning. The property to the west was rezoned from "R-1"Single Family to"PO" Professional Office District in the City-wide rezoning. A conditional use request (CU07-30) to develop the subject site as a funeral home was denied at the October 16, 2007 meeting. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "R-7.5" Single Family District-single family residence SOUTH: "R-7.5" Single Family District-single family residence EAST: "R-7.5" Single Family District-single family residence WEST: "PO" Professional Office District-single family residence AIRPORT IMPACT: The subject tract is not located within any "Zone" 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 Low Density land use. The applicant's proposal is in compliance with the Master Plan. THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan designates North Dove Road as a Type E Collector requiring a minimum right-of-way of 75 feet to be developed as 4 lanes. North Dove Road is built in accordance with the Thoroughfare Plan. 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Applicant/Agent Name_ � > ' ,5�� i�� � ( Company Name _51<< n�C..� C � ��- �rh j-��tv�e 5 Address �qpe� ��+ n� Ipc��� La�� �'�- City__ (�rra pc�,:..}�; r1� State `�'X� Zip 7 �, G,�j Phone#_ ��f� - �f�l - a��b Fax# ��7 —�/�1 -�1�;�1� Email_ �Ko���;pi=t�3(c�,���-i„��,�� ,ter� Mobile# �r� �- � �f�, � �-/ /"�� 2. ApplicanYs interest in subject property �u r��� �, ^�o (;� (�e5����°� ; c�� �1 •'� a� �_ �-�M ���_l.o� 'Z�n� �� 5 3. Propertyowner(s}name S�fi�r . °. �\ ��� A�� �, c� ���n�r nc� `� Address ��.>3�� t�� �1 V ��-� ��`, ,��-� City }-�:�.�5� State �X Zip '7 G�b S`� '� Phone# `���1 —���- � g I$ Fax# Nf� 4. Address of subject property �{-)� it�, �j�v f'. �cqd Leg�l Description: Lot A 5�. _Block_ `1 Addition_ �u Ga� Sizeofsubjectproperty_ ►, � ��-�e5 acres �f� %� � squarefoot Metes & Bounds must be described on 8 '/2 " x 11" sheet 5. PresentZoning Classifica�ion �- 7 � � 6. Present Use of Property__ ��,�� 7. Requested Zoning District ,R,�- 53 � 8. The appficant understands the master plan designation and the most restrictive zone that woufd allow the proposed use is �-'-� $ z , �� , .� 9. Minimum/Maximum District size for requested zoning �.-� r �F� ,=.?_ '� �;7,;;, _ ._ ��tr �� '�. _��,. ,. y . , ; ��;, O:tZCU\APP-ZN Z 5/99 www.ci.gra pevi n e.tx.u 5 ��p`.��V^ �,��i; ti.�.` 4� i 10. Describe the proposed use ;, - �-�`�'� " ����� t��n�, �� �������- I�����'�i �.5�� '�� �� �.��5 t�r 1..�rc<' � 2�; � eC� ik' .S ,; ; AII Zone Change Requests are assumed fo be complefe when t'iled and wil!be placed on the agenda for public hearing at the discretion of the staff. Based on the size of the agenafa, your application may be scheduled to a later dafe. Al/public hearings wi1!be opened and testimony given by applicants and interesfed citizenry. Public hearings may be continued to the nexf public hearing. Public hearings will not be fabled. Any changes to a concept plan approved with a zone change requesf can only be approved by city council through tfre public hearing process. / have read and understancl all of the requirements as set forth by the application for zone change request and acknowledge that a!!requirements of this application have been met at the time of submittal. 11. Signature to authorize a zone change request and p(ace a zone change request sign on the subject property. Applicant(print): J��c� �(C�r1n�i_ ) :� Applicant signature: ��^-�-�-v _ Property Owner(print): . i�! - � ' 1 C' � � � Property Owner signature: ` iN _ , _, - � ,� ,,,.. � _ � �� 0:1ZCUlAPP-ZN 3 5/99 w�rw.ci.grapevine.t x.us ��� -� � ACKNOWtEDGEMENT A!1 Zone Change Request are assumed fo be complete when filed and wi!!be placed on the agenda for public hearing at fhe discretion of the staff. Based on the size of the agenda, your application may be scheduled to a later date. Al!public hearingrs will be opened and tesfimony given by applicanfs and interesfed cifizenry. Public hearings may be continued fo the next public hearing. Public hearings wi!! not be tabled. ! /�ave read and understand all of the requirements as set forth by ti►e applicafion for zone change request and acknowledge thaf a!/requirements of fhis application have been mef at the time of submitfal. 71 / Signature ofAppiicant ! " -� Date: il �-� °�c�r� �j 5���-�h�e .Pv��1��--5 r�,� � Signature ofOwner �y�l�t Dafe: �-� -�� ,r,� ,. �- ;;,J, � •�.<: ' " ��, �.r.,��� O:tZCU1APP-ZN �j 5/99 ww w.ci.grapevine.tx.0 s Zog- O� BEING a 0.33 acre tract of land situated in the T. Mahan Survey,Abstract No. 1050, in the City of Grapevine,Tarrant County, Texas,and being the remainder of Lot 6,Btock?,of the W.C. Lucas Addition,an Addition to the City of Grapevine,Tarrant County,Texas,according to the plat thereof recorded in Volume 388-1,page 81,of the Plat Records of Tarrant County,Texas,and being all of Lots 5-A,and 5-B,Block 7,of the W.C.Lucas Addition,an addition to the City of Grapevine,Tarrant County,Texas, according to the plat thereof recorded in Volume 388-4,page 125,of the Plat Records of Tarrant County,Texas,and being a tract of land conveyed to Star Bible Publications, Inc.by deed recorded in Volume 7094,Page 902,of the Deed Records of Tarrant County,Texas,and being more particularly described as follows: " BEGINNING at a %2 in iron rod found for the southwest corner of said Lot 6,same being the northwest corner of Lot 7,Block 7,of said W.C. Lucas Addition,same being in the northeasterly right-of-way line of Dove Road(a variable width right-of-way); THENCE North 34 deg. 15 min.00 sec.West,along the common line of said Lot 6,and the northeasterly right-of-way line of said Dove Road,a distance of 166.07 feet to a '/z inch iron rod set for comer,said point being the southwest corner of a Street P.ight-of- Way Dedication recorded in Volume 12321,Page 1253,of the Deed Records of Tarrant County,Texas; THENCE North 55 deg.45 min.00 sec.East,through the interior of said Lot 6,and along the southeasterly line of said Street Right-of-Way Dedication,same being the northeasterly right-of-way line of said Dove Road,a distance of 10.00 feet,to a'/�inch iron rod set for corner,said point being the southeast comer of said Street Right-of-Way Dedication,same being in the new northeasterly right-of-way line of said Dove Road; THENCE North 34 deg. 15 min.00 sec.West,through the interior of said Lot 6,and along the northeasterly line of said Street Right-of-Way Dedication,same being the new northeasterly right-of-way line of said Dove Road,a distance of 73.93 feet to a'/z inch iron rod set for corner,said point being the southerly corner of a corner clip for the intersection of the northeasterly right-of- way line of said Dove Road,and the southeasterly right-of-way line of Hilltop Drive(a variable width right-of-way); THENCE North 10 deg.4�min.00 sec.East through the interior of said Lot 6,and along the northeasterly line of said Street Right-of-Way Dedication,and along said corner clip,a distance of 21.21 feet to a%2 inch iron rod set for comer,said point being the northerly corner of said corner clip,same being the northeast comer of said Street Right-of-Way Dedication,same being in th�. northwesterly line of said Lot 6; ,, THENCE North 55 deg.45 min.00 sec.East,along the common line af said Lot 6,and the southeasterly right-of-way line said Hilltop Drive,a distance of 75.00 feet to a '/�inch iron rod set for comer,said point being the northeast comer of said Lot 6; THENCE South 34 deg. 15 min.00 sec.East along the common line said Lot 6,and the southeasterly right-of-way line of said Hilltop Drive,a distance of 5.00 feet to a'/z inch iron rod set for comer,said point being the northwest corner of said Lot S-A, same being in the southeasterly right-of-way line of said Hilltop Drive; THENCE North 55 deg.45 min,00 sec.East,along the common line of said Lot 5-A,and the southeasterly right-of-way lone of said Hilltop Drive,passing the northeast corner of said Lot 5-B,and continuing a total distance of 1�9.46 feet to a%2 inch iron rod set for comer,said point being the northeast corner of said Lot 5-B,same being the northwest corner of Lot 5-C,Block 7,of said W.C.Lucas Addition; THENCE South 28 deg.04 min.22 sec.East,along the common line of said Lot 5-B,and said Lot 5-C,a distance of 251.46 feet to a '/z inch iron rod set for corner,said point being the southeast corner of said Lot�-B,same being the southwest corner of said Lot 5-C,same being the northwest line of Lot 8,Block 7,of said W.C.Lucas Addition; THENCE South 55 deg.45 min. 00 sec.West,along the common line of said Lot 5-B,and said Lot 8,passing the southwest comer of said Lot S-B,same being the southeast corner of said Lot 5-A,and continuing passing the southwest comer of said Lot 5- A,same being the northwest comer of said Lot 8,same being the northeast comer of said Lot 7,same being the southeast corner of said Lot 6,and continuing a total distance of 232.4 feet to the POINT OF BEGINNING and containing 60,980 square feet or 1.40 acres of computed land. 2��" �� 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 Z08-07 ON A TRACT OF LAND OUT OF THE T. MAHAN SURVEY, ABSTRACT NO. 1050, 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 "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 ,�w,.. 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 otherthings the characterof 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 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 Z08-07 to rezone the following described �..., property to-wit: being a 1.38 acre tract of land out of the T. Mahan Survey, Abstract No.1050, Tarrant County, Texas (Lots 5A, 5B, and 6, Block 7, W C Lucas Addition —410 North Dove Road), 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 "R-5.0" Zero Lot Line 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 forthe 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 16th day of September, 2008. APPROVED: ATTEST: ��� APPROVED AS TO FORM: ORD. 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