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HomeMy WebLinkAboutItem 10 - MinutesPASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2nd day of May, 2006. ATTEST: Linda Huff City Secretary N William D. Tate Mayor STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Special Session (Executive Session) on this the 18th day of April, 2006 at 7:00 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to -wit: William D. Tate Mayor Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with Council Member C. Shane Wilbanks absent, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:16 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding: (A) Conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate and expand in the City; with which businesses the City is conducting economic development negotiations pursuant to Section 551.087, Texas Government Code. Upon reconvening in open session in the Council Chambers, Mayor Tate asked if there was any action necessary relative to the closed session. City Manager Bruno Rumbelow stated there was no action necessary relative to pending or contemplated litigation, real property, personnel and conference with City Manager pursuant to Section 551.087, Texas Government Code. Note: City Council continued with the Regular City Council meeting in open session in the Council Chambers. NEEM0.1 ADJOURNMENT Council Member Spencer, seconded by Council Member Johnson, offered a motion to adjourn the meeting at 9:55 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2nd day of May, 2006. Linda Huff City Secretary 014 William D. Tate Mayor STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council and the Planning & Zoning Commission of the City of Grapevine, Texas met in Regular Joint Session on this the 18th day of April, 2006 at 7:30 p.m. in the City Council Chambers, Second Floor, 200 South Main Street, with the following members of the City Council present to -wit: William D. Tate Ted R. Ware Sharron Spencer Clydene Johnson Roy Stewart Darlene Freed Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member constituting a quorum, with Council Member C. Shane Wilbanks absent, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Chris Coy Member Danette Murray Member Betty "BJ" Wilson Member Rob Undersander Member Becky St. John Member Mark Lowery Alternate Andrea Roy Alternate constituting a quorum, with Vice Chairman Herb Fry absent, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Mayor Tate called the meeting to order at 7:40 p.m. INVOCATION Mayor Pro Tem Ware delivered the invocation. ITEM 1. PRESENTATION, GRAPEVINE CITIZEN'S FIRE ACADEMY ALUMNI Bill Bimmerman, representing the Grapevine Citizen's Fire Academy Alumni, presented the Mayor and City Council with a signed portrait of Rehab 561 (donated to the Citizen's Fire Academy by the City Council) as a gesture of their gratitude for the Council's generosity and belief in the Grapevine Citizen's Fire Academy. COMPREHENSIVE -ZONING ORDINANCE NO. 82 -7.3 -AS AMENDEDL SECTION 41 "PD" PLANNED DEVELOPMENT OVERLAY Mayor Tate declared the public hearing open. Planner Ron Stombaugh reviewed the proposed amendments to the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance No. 82-73, as amended, Section 41 "PD" Planned Development Overlay relative to expansion and explanation of various sections and topics including purpose, application, redevelopment and period of validity sections. Council Member Johnson requested that the "Purpose" section of the ordinance be reviewed in the future for possible amendments for additional clarification. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Murray, seconded by Commissioner Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Murray, Wilson, Undersander, St. John & Roy Nays: None Absent: Fry Council Member Johnson, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks -- DEVELOPMENT OVERLAY PD06-06 STONE BRIDGE OAKS Mayor Tate declared the public hearing open. Planner Stombaugh reported that Zoning Application Z06-03 and Planned Development Overlay PD06-06 had been filed by Stone Bridge Oaks for property located at 4600 State 2 04/18/06 Highway 360. The zoning application requests rezoning of approximately 23.577 acres from "R -MF -1" Mulitfamily District Regulations to "R-TH" Townhouse District Regulations. The applicant plans a 138 unit townhouse development. The planned development overlay application requests to deviate from lot width relative to front entry garage access, building coverage, front, rear and side yard setbacks, buffer area, and building separation. Ms. Laurie Gillespie and her associates requested favorable consideration of the application. Their presentation stated the 138 unit townhouse development would have an overall density of 5.85 units per acre containing 2,000 — 3,400 square foot units at a cost of approximately $300,000 - $450,000. She noted there would be approximately 10.55 acres in open space in the proposed development and every effort would be taken to preserve as many trees as possible. She reviewed the requests to deviate from the standard guidelines within the "R-TH" Townhouse District noting that the establishment of the planned development overlay centers mainly on the desire to preserve natural open space. Lengthy discussion ensued relative to street width, fire department access and adequate parking for residents and their visitors. During deliberation, it was noted that the Fire Marshall had approved the plans with the condition that no parking on the streets be allowed. Assistant City Manager H. T. Hardy stated that as a requirement of the planned development overlay, private streets would be dedicated as a fire lane. Council expressed concerns regarding the safety of the residents of the proposed development due to the narrow street widths. Council Member Spencer requested the Police and Fire departments respond in writing to address the safety concerns of the Council. City Attorney John F. Boyle, Jr. advised there could be governance covenants written to be included with the ordinance to provide for the enforcement of certain regulations within the development. The applicant advised proposed covenants were in draft form. Following discussion, Ms. Gillespie requested the public hearing be continued for 30 days to allow time to address the safety concerns of the Council and Planning & Zoning Commission. Mayor Tate recommended the applicant meet with the Planning & Zoning Chairman and Council liaison to address the issues discussed at the Council meeting. Commissioner Murray, seconded by Commissioner St. John, offered a motion to continue the public hearing to May 16. The motion prevailed by the following vote: Ayes: Oliver, Coy, Murray, Wilson, Undersander, St. John & Roy Nays: None Absent: Fry Council Member Freed, seconded by Council Member Spencer, offered a motion to continue the public hearing to May 16. The motion prevailed by the following vote: 3 Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed r Nays: None Absent: Wilbanks Mayor Tate invited guests present to comment regarding the application stating that no additional notice would be provided to surrounding property owners. City Attorney Boyle stated that the individual signed up to speak tonight could make a statement. Ms. Melissa Klauss, 504 Woodhill Court, stated the current zoning is less desirable than what is proposed. She expressed concerns regarding the preservation of the natural landscaping, the increased traffic on Grapevine -Euless Road with the two school bus stops on the road and concern that there is no plan to relocate the wildlife that will be displaced by the proposed development. City Secretary Huff reported the Council and Commission had been copied the three letters of protest and the three letters of support for the applications. Mayor Tate stated that no additional notice would be provided to surrounding property owners relative to the continuation of the public hearing. HEARING,ITEM 4. PUBLIC • • PLANNED DEVELOPMENT OVERLAY PD06-04 AND FINAL PLAT OF LOT BLOCK •• OF •AD 4,__SUNSHINE HARBOR INDUSTRIAL ADDITION AND A PORTION OF EASY STREET Mayor Tate declared the public hearing open. Planner Stombaugh reported that Faith Christian School had filed Conditional Use Application CU06-06, Planned Development Overlay PD06-04 and the final plat of Lot 1, Block 1, Faith Christian School being a replat of Tracts 1, 2 and 4, Sunshine Harbor Industrial Addition and a portion of Easy Street. The subject property is located at 729 East Dallas Road. The conditional use application requests a permit for a non-profit educational institution for grades 9-12 in the "LI" Light Industrial District and the planned development overlay requests to exceed the height requirement for ball -field light standards. Dr. Ed Smith requested favorable consideration of the application. He stated the ball field lights would only be used during football games. There was brief discussion regarding the availability of the playground/park on Worth Street to the general public. It was noted the school would continue to work with the Parks department regarding use of recreation facilities. 9 04/18/06 Mayor Tate invited guests present to comment regarding the application. The following spoke in support of the proposed development: Mr. Dwight S. Ticknor, 844 East Walnut Mr. Bill Deacon, 213 West Hudgins Mr. Mark Connell, 4029 Bryn Mour, Dallas Mr. Gary Hazelwood, 2600 Windswept Trail City Secretary Huff reported the Council and Commission had been copied the 16 letters of support, two letters protesting and a petition of support containing 38 signatures for the applications. Commissioner Coy, seconded by Commissioner Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Murray, Wilson, Undersander, St. John & Roy Nays: None Absent: Fry Mayor Pro Tem Ware, seconded by Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ITEM 5. PUBLIC HEARING CONDITIONAL USE APPLICATION 0006-08 UNCLE JULIO'S Mayor Tate declared the public hearing open Planner Stombaugh advised Conditional Use Application 0006-08 had been filed by Uncle Julio's for property located at 1301 William D. Tate Avenue Irequesting to amend the site plan approved by Ordinance No. 2005-10 for the possession, storage, retail sale and on - premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant. The property is zoned "HC" Highway Commercial District. Mr. Phil Morley requested favorable consideration of the application. He stated the existing 40 foot pole sign would remain on State Highway 114 and that the existing 20 foot pole sign would remain along William D. Tate Avenue. For a future restaurant, the applicant proposes a monument sign along State Highway 114. It was stated the entire parking lot would be repaired and paved during the first phase of construction. Council requested the sign along William D. Tate Avenue be made more visible from the street. 5 04/18/06 Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner St. John, seconded by Commissioner Undersander, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Murray, Wilson, Undersander, St. John & Roy Nays: None Absent: Fry Council Member Spencer, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Stewart & Freed Nays: None Abstain: Johnson Absent: Wilbanks Mayor Tate declared the public hearing open. Senior Civil Engineer Scott Dyer reported an application had been filed by The Huntington Corporation for the final plat of Lots 6 and 7, Block 1, SH 26/Pool Road Addition being a replat of Lot 3R1, Block 1, SH 26/Pool Road Addition. The 1.427 acre property is located at 2260 Pool Road and is zoned "CC" Community Commercial District Regulations. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Undersander, seconded by Commissioner Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Murray, Wilson, Undersander, St. John & Roy Nays: None Absent: Fry Council Member Johnson, seconded by Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks RECESS AND RECONVENE Mayor Tate announced the Planning & Zoning Commission would recess to the Planning & Zoning Conference Room to consider published business. Mayor Tate announced the City Council would take a brief recess. Upon reconvening in the City Council Chambers, all members of the Council were present with the exception of Council Member Wilbanks. ITEM 7. RESOLUTIONS STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM (STEP) GRANT AND LOCAL AIR QUALITY PROGRAM (LAQP) GRANT Parks & Recreation Director Doug Evans recommended approval of two resolutions authorizing and directing Staff to participate in a Statewide Transportation Enhancement Program (STEP) grant and a Local Air Quality Program (LAQP) grant for the development of a trail system that will link the Gaylord Texan Trail on State Highway 26 with the Mills Run Trail north of the Grapevine Mills Mall. The proposed City matching contribution to the estimated $1.7 million project is $339,897 which is 20% of the total cost of the project. He reported that with the development of this trail, the City could have over 20 miles of linked hike and bike trails. Council Member Spencer, seconded by Council Member Freed, offered a motion to adopt the resolutions as presented. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks RESOLUTION NO. 2006-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AUTHORIZING AND DIRECTING STAFF TO PARTICIPATE IN THE DEVELOPMENT OF THE TRAIL LINKAGE BETWEEN THE GAYLORD TEXAN RESORT AND CONVENTION CENTER ON LAKE GRAPEVINE AND THE MILLS RUN TRAIL AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNATED REPRESENTATIVE TO ACT IN ALL MATTERS IN CONNECTION WITH THE STATEWIDE TRANSPORTATION ENHANCEMENT PROJECT; AND PROVIDING AN EFFECTIVE DATE RESOLUTION NO. 2006-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AUTHORIZING AND DIRECTING 7 STAFF TO PARTICIPATE IN THE DEVELOPMENT OF THE TRAIL LINKAGE BETWEEN THE GAYLORD TEXAN RESORT AND CONVENTION CENTER ON LAKE GRAPEVINE AND THE MILLS RUN TRAIL AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNATED REPRESENTATIVE TO ACT IN ALL MATTERS IN CONNECTION WITH THE LOCAL AIR QUALITY PROJECT; AND PROVIDING AN EFFECTIVE DATE Administrative Services Director Bill Gaither recommended approval of a resolution granting approval to Tarrant County Housing Finance Corporation for the use of the proceeds of its Series 2006 Single Family Mortgage Revenue Bonds to finance home mortgages for single family homes located within the City. The program will offer first time homebuyers of moderate income an opportunity to access below market interest rates. The Tarrant County program provides that cities, which have a population in excess of 20,000, are required to pass the resolution in order for the City to participate in the program. The adoption of the resolution does not have any financial impact on the City's revenues or expenditures. Motion by Council Member Johnson, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks RESOLUTION OF • OF OF APPROVALGRAPEVINE, TEXAS GRANTING • TARRANT COUNTY•USING FINANCE CORPORATION FOR THE USE OF PROCEEDS OF 11• SINGLE MORTGAGEFAMILY BONDS TO FINANCE LOCATEDHOME MORTGAGES FOR SINGLE FAMILY HOMES AND PROVIDING EFFECTIVE DATE ITEM 9. ENGINEERING SERVICES CONTRACT WASTE WATER TREATMENT PLANT ODOR CONTROL MASTER PLAN Public Works Director Matt Singleton recommended approval of an engineering services contract for the Waste Water Treatment Plant Odor Control Master Plan with Brown and Gay Engineering, Inc. in an amount not to exceed $50,950.00. The project is necessary due to the new and existing development in the vicinity of the plant. 04/18/06 Motion by Mayor Pro Tem Ware, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks CONSENT AGENDA The next order of business for the City Council was to consider the consent agenda items, which were deemed to need little or no discussion and were acted upon as one business item. Mayor Tate asked if there was any member of the audience or the City Council who wished to remove an item from the consent agenda for full discussion. There were none. Item 10. Award Light Emitting Diode (LED) Retrofit Contract Public Works Director recommended award of the City wide Light Emitting Diode (LED) retrofit contract to Republic Electric in the amount of $191,510.00. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks Item 11. Award Bid 257-2006 Aggregate Materials Annual Contract Public Works Director recommended award of Bid 257-2006 Aggregate Materials Annual Contract to Top Way Properties and Hanson Aggregates. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks Item 12. Award Contract Chairs and Mattresses Fire Chief recommended award of a contract to Rooms To Go for chairs and mattresses for the Fire Department in an amount not to exceed $19,124.19. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: �E Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks Item 13. Reject Bids Received Painting Services Water Treatment Plant Clarifiers Public Works Director recommended rejecting all bids received for painting services to the clarifier's at the Water Treatment Plant. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks Item 14.Resolution Purchase Landscape Equipment Municipal Golf Course Administrative Services Director recommended approval of a resolution to purchase Landscape Equipment for the Municipal Golf Course from Professional Turf Products through an interlocal agreement with the Houston Galveston Area. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks RESOLUTION NO. 2006-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO PURCHASE LANDSCAPE EQUIPMENT THROUGH AN ESTABLISHED INTERLOCAL AGREEMENT AND PROVIDING AN EFFECTIVE DATE Item 15. Award Bid 258-2006 Paving Fabric Annual Contract Public Works Director recommended approval of the award of Bid 258-2006 Paving Fabric Annual Contract to Lone Star Products, Inc. as primary and Texas Contractors Supply as secondary suppliers. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: We 04/18/06 Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks Item 16. Consideration of Minutes City Secretary recommended approval of the minutes of the April 4, 2006 City Council meetings as published. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ITEM 17. PLANNING & ZONING COMMISSION RECOMMENDATION GRAPEVINE CODE OF ORDINANCES COMPREHENSIVE ZONING ORDINANCE NO. 82-73 AS AMENDED SECTION 41 "PD" PLANNED DEVELOPMENT OVERLAY Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the amendments to the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance No. 82-73, as amended, Section 41 "PD" Planned Development Overlay. Mayor Pro Tem Ware, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the ordinance amending the Grapevine Code of Ordinances. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ORDINANCE NO. 2006-25 AN ORDINANCE 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, BY PROVIDING FOR AMENDMENTS AND CHANGES TO ZONING REGULATIONS BY AMENDING SECTION 41, "PD" PLANNED DEVELOPMENT OVERLAY; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH 11 DAY DURING OR DECLARING AN EFFECTIVE DATE ON WHICH A VIOLATION OCCURS; EMERGENCY AND PROVIDING AN ITEM 18. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z06-03 STONE BRIDGE OAKS This item was not considered by the City Council and Planning & Zoning Commission as the public hearing was continued to the May 16, 2006 meeting. ITEM 19. PLANNING & ZONING COMMISSION RECOMMENDATION PLANNED DEVELOPMENT OVERLAY PD06-06 STONE BRIDGE OAKS This item was not considered by the City Council and Planning & Zoning Commission as the public hearing was continued to the May 16, 2006 meeting. ITEM 20. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT OF STONE BRIDGE OAKS Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for denial of the preliminary plat of Stone Bridge Oaks as the public hearing on the property located at 4600 State Highway 360 was continued to May 16, 2006. There was no action required by the City Council. oil FINAL PLAT STONE BRIDGE OAKS Chairman Oliver reported the Planning & Zoning Commission voted for 7-0 for denial of the final plat of Stone Bridge Oaks as the public hearing on the property located at 4600 State Highway 360 was continued to May 16, 2006. There was no action required by the City Council. • POWER' Is /• Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU06-06 filed by Faith Christian School granting a conditional use permit for a non-profit educational institution in the "Ll" Light Industrial District on property located at 729 East Dallas Road. Council Member Freed, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: im Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ORDINANCE NO. 2006-26 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF 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, BY GRANTING CONDITIONAL USE PERMIT CU06-06 FOR A NON-PROFIT EDUCATIONAL INSTITUTION IN A DISTRICT ZONED "LI" LIGHT INDUSTRIAL DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; 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 THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 23. PLANNING & ZONING COMMISSION RECOMMENDATION PLANNED DEVELOPMENT OVERLAY PD06-04 FAITH CHRISTIAN SCHOOL Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Planned Development Overlay PD06-04 filed by Faith Christian School granting a planned development overlay to exceed the height requirement for ball -field light standards on property located at 729 East Dallas Road. Council Member Stewart, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation and approve the ordinance granting the planned development overlay. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks 13 ORDINANCE NO. 2006-27 AN ORDINANCE ISSUING A PLANNED DEVELOPMENT OVERLAY IN ACCORDANCE WITH SECTION 41 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX THE CITY CODE, BY GRANTING PLANNED DEVELOPMENT OVERLAY PD06-04 TO EXCEED THE HEIGHT REQUIREMENT FOR BALL -FIELD LIGHT STANDARDS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; 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 THE ISSUANCE OF THIS PLANNED DEVELOPMENT OVERLAY PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1, Block 1, Faith Christian School located at 729 East Dallas Road. The subject 9.688 acre property is being platted for an Upper Education Building and Sports Facility located at 729 East Dallas Road. Council Member Johnson, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 1, Block 1, Faith Christian School. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks 19:4,TA a - - k k *Jgnpllvq Iguamm 14 Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application 0006-08 filed by Uncle Julio's granting a conditional use permit to amend the site plan approved by Ordinance No. 2005-10 for the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant on property located at 1301 William D. Tate Avenue. Council Member Spencer, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Stewart & Freed Nays: None Abstain: Johnson Absent: Wilbanks ORDINANCE NO. 2006-28 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF 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, BY GRANTING CONDITIONAL USE PERMIT CU06-08 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2005-10 FOR THE POSSESSION, STORAGE, RETAIL SALE, AND ON -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) IN CONJUNCTION WITH A RESTAURANT IN A DISTRICT ZONED "HC" HIGHWAY COMMERCIAL DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; 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 THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE 15 04/18/06 ITEM 26. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 6 AND 7 BLOCK 1 SH 26/POOL ROAD ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 6 and 7, Block 1, SH 26/Pool Road Addition. The 1.427 acre property is located at 2260 Pool Road and is zoned "CC" Community Commercial District Regulations. Council Member Stewart, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lots 6 and 7, Block 1, SH 26/Pool Road Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ITEM 27. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT LOT 1 BLOCK 1 THE OFFICES AT GRAPEVINE 360 Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the preliminary plat of Lot 1, Block 1, The Offices at Grapevine 360 located on the west side of State Highway 360 and south of the Southern Baptist Convention Addition. The 2.206 acre property is being platted for a professional commercial building. Council Member Freed, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the preliminary plat of Lot 1, Block 1, The Offices at Grapevine 360. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks FINALITEM 28. PLANNING & ZONING COMMISSION RECOMMENDATION `T LOT 1, BLOCK 1, THE OFFICES AT GRAPEVINE61 Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the final plat of Lot 1, Block 1, The Offices at Grapevine 360 located on the west side of State Highway 360 and south of the Southern Baptist Convention Addition. The 2.206 acre property is being platted for a professional commercial building. Council Member Freed, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 1, Block 1, The Offices at Grapevine 360. The motion prevailed by the following vote: wL Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks Council Member Spencer, seconded by Council Member Johnson, offered a motion to adjourn the meeting at 9:55 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2nd day of May, 2006. Linda Huff City Secretary im William D. Tate Mayor