HomeMy WebLinkAboutItem 13 - 1586 South Gravel Circle ITEM
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: APRIL 20, 2010
SUBJECT: ZONE CHANGE REQUEST Z10-01
RECOMMENDATION:
Staff recommends the City Council approve Zone Change Request Z10-01 on the
second reading of an ordinance, and take any other action necessary.
BACKGROUND:
Zone: Change Request Z10-01 was submitted by Scott Knearem and was approved on
the first reading of an ordinance by Council at the February 16, 2010 meeting. The
request was to rezone 0.458 acres from "R-20" Single Family District to "R-7.5" Single
Family District for the development of two lots. The applicant sought a special exception
request from the Board of Zoning Adjustment to allow the existing residential structure to
remain as developed with a two-foot encroachment into the front yard setback. The
structure was built in 1955 coinciding with the adoption of the first City zoning ordinance
in 1955. This 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. The site received the "R-20"
Single Family District designation upon annexation. The Board approved the special
exception request at their April 5, 2010 meeting.
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April 6,2010(9:48AM)
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Knearem Addition
CITY OF GRAPEVINE
ZONE CHANGE APPLICATION
1. Applicant/Agent Name
Company Name
Address i G , ViCL
City -State_ . - Zip '
Phone# t Fax#
g
Email ft M Mobile#
2. Applicant's interest in subject property
3. Property owner(s)name 5Tr
Address "5% (.p
City Cg
State rY Zip
i
Phone# -MV- _1€,q 46pil Fax#
4. Address of subject property
Legal Description: Lot 1 4 Block Addition e_ARU_�l
Size of subject property 0 - ° acres square foot
Metes & Bounds must be described on 8 1/2 " x 11" sheet
5. Present Zoning Classification
e
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.
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10. Describe the proposed use i s L26
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 state.
All public hearings will be opened and testimony given by applicants and interested citizenry.
Public hearings may be continued to the next public Bearing. 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.
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 signatur ca r- �
Property Owner(print):
Property Owner signatur . e�a-
O:1ZCU\APP-ZN 3 5139
www.ci.g rapevi ne.tx.us.
The State of
County of
Before on this day personally appeared
ScQ4+ ? ,ye ce - known to me (or proved to me on the oath of
orthrough "-_.(description
of identify 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.
IS
® ft e; @die '�!®
SEAL ,CO L9 Notary Signature
4 e � •
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
Notary Signature
0:1ZCU\APP-ZN 4 6/99
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ACKNOWLEDGEMENT
ENT
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.
X411 pudic 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.
Signature ofApplicant 1 '
I
B
Date: 3
4
Signature of Owner ��-
Date: 0�
O.IZCUTAPP-ZIP 5 5199
ww.ci_grapevine.±x.,us
LEGAL DESCRIPTION
BEING two lots in the L. Lincoln Survey, Abstract No. 981 situated in the
City of Grapevine, Tarrant County, Texas and being a portion of those certain
tracts of land as described in deed to Scott Timothy Knearem as recorded in
Volume 15031, Page 231of the Deed Records of Tarrant County, Texas and being
more particularly described as follows:
LOT 1:
BEGINNING at a 1/211 iron rod set with a "TQ Burks #550914 cap and said point
being in the north right--of-way line of South Gravel Circle ('50' R.O.W. ) and
being by deed call the southwest corner of said Knearem tract and also being by
deed call the southeast corner of that certain tract of land. as described in
deed to Shirley Russell as recorded in Volume 13673, Page 466 D.R.T.C.T. ;
THENCE N 000 061 0011 E along the east line of said Russell tract a distance of
139.40 feet to a 1/211 iron rod set with a "TQ Burks #550.9" cap and said point
being in the south line of Lot 3, Block 1 Lake Park an addition to the City of
Grapevine as recorded in Cabinet A, Slide 3,688 of the Plat Records of Tarrant
County, Texas;
THENCE S 890 54' 0011 E along the south line of said Lot 3 a distance of 71.50
feet to a 1/2i1 iron rod set with a "TQ Burks #5509" cap;
THENCE S 000 061 0011 E a distance of 139.40 feet to a 1/211 iron set with a 11TQ
Burks #5509" cap in the north right-of-way Line of said South Gravel Circle;
THENCE N 890 541 00F1 W along said north right-of-way a distance of 71.50 feet to
the Point of Beginning and containing in all 9967 square feet or 0.229 acres of
land.
LOT 2:
BEGINNING at a 5/8.11 iron rod found in the south line of Lot 3, Block 1 Lake Park
an addition to the City of Grapevine as recorded in Cabinet A, Slide 3688 of the
Plat Records of Tarrant County, Texas and said point being by plat call the
northwest corner of Lot 12, Block 3 Lakeview Estates an addition to the City of
Grapevine as recorded in Cabinet A, Slide 8072 P.R.T.C.T;
THENCE S 000 061 00" E along west line of said Lot 12 a distance of 139.40 feet
to a 1/211 iron found at the southwest corner of said Lot 12 and also being in
the north right-of-way line of said South Gravel Circle;
THENCE ITT 890 541 0011 W along said north right-of-way a distance of 71.50 feet to
a 1/211 iron rod set with a "TQ Burks #5509" cap;
THENCE N 000 061 0011 E a distance of 139.40 feet to a 1/2�1 iron rod set with a
"TQ Burks #5509i7 cap and said point being in the south line of said Lot 3, Block
1 Lake Park;
THENCE S 890 541 0011 E along the south line of said Lot 3 a distance of 71:50
feet to the Point of Beginning and containing in all 9967 square feet or 0.229
acres of land.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, 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 Z10-01 ON ATRACT
OF LAND OUT OF THE LEONARD LINCOLN SURVEY,
ABSTRACT NO. 981, 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 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 otherthings 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 forthe 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 forthe 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
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 Z10-01 to rezone the following described
property to-wit: being a 0.458 acre tract of land out of the Leonard Lincoln Survey,
Abstract No. 981, Tarrant County, Texas (1586 South Gravel Circle) 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 this ordinance shall become effective from and after the date of
its final passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on first reading on this the 16th day of February, 2010.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on second reading on this the 20th day of April, 2010.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 4