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HomeMy WebLinkAboutItem 15 - MinutesITEM s L67 - 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 20th day of February, 2001 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 Ted R. Ware Sharron Spencer C. Shane Wilbanks Clydene Johnson Roy Stewart Darlene Freed Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Council Member constituting a quorum, with the following members of the City Staff: Roger Nelson Bruno Rumbelow John F. Boyle, Jr. Linda Huff Melisa Leal Jennifer Hibbs CALL TO ORDER City Manager Assistant City Manager City Attorney City Secretary Assistant to the City Manager Assistant to the City Manager Mayor Tate called the meeting to order at 7:00 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding (A) private consultation with City Attorney to discuss legal ramification of ad valorem tax structure relative to publicly owned property, Dallas/Fort Worth International Airport and (B) 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 Sections 5551.071 and 551.086, 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 Roger Nelson stated there was no action necessary relative to (A) private consultation with City Attorney to discuss legal ramification of ad valorem tax structure relative to publicly owned property, Dallas/Fort Worth International Airport under Section 551.071, Texas Government Code. 02/20/01 NOTE: Item (B) 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 551.086, Texas Government Code, was not discussed. NOTE: City Council continued with the Regular City Council meeting in open session in the Council Chambers. ADJOURNMENT Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the meeting at 9:35 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of March, 2001. ATTEST: Linda Huff City Secretary ►. 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 20th day of February, 2001 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 C. Shane Wilbanks Clydene Johnson Roy Stewart Darlene Freed Mayor Mayor Pro Tern Council Member Council Member Council Member Council Member Council Member constituting a quorum, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Herbert Fry Vice Chairman Chris Coy Member Cathy Martin Member Kevin Busbee Member Danette Murray Member Betty Nicholson Member Rob Undersander 1 st Alternate Bill Bimmerman, Jr. 2nd Alternate constituting a quorum, with the following members of the City Staff: Roger Nelson Bruno Rumbelow John F. Boyle, Jr. Linda Huff Melisa Leal Jennifer Hibbs CALL TO ORDER City Manager Assistant City Manager City Attorney City Secretary Assistant to the City Manager Assistant to the City Manager Mayor Tate called the meeting to order at 7:45 p.m. INVOCATION Commissioner Fry delivered the Invocation. 02/20/01 ITEM 1. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU01-05 OPRYLAND HOSPITALITY GROUP Mayor Tate declared the public hearing open. Development Services Director H. T. Hardy reported Conditional Use Application CUO 1 -05 had been filed by Opryland Hospitality Group requesting a conditional use permit to amend the site plan approved by Ordinance No. 99-182 for a planned commercial center with a hotel and conference center to amend the parking layout. The subject property is located at 1501 Gaylord Trail and is zoned "PCD" Planned Commerce Development District. He advised the site plan shows the applicant has revised the hotel room count from 1,600 to 1,508 rooms; eliminated the 660 space hotel parking garage and will utilize surface parking in its place. Mr. Rick Gardner, representing Opryland Hospitality Group, requested favorable consideration of the application. He reviewed the modifications in the square footages related to the hotel and convention center footprint noting the conference area remains the same. Along with the revised room count, the 660 -space hotel parking garage has been eliminated and surface parking will be utilized. He noted the original site plan had 387 spaces for surface parking and the revised plan has 1,029 -spaces devoted to surface parking. The convention center parking garage remains a part of the plan but has been reduced in size from 780 spaces to 613 spaces. The amount of parking located at the Employee Service Center has been reduced from 1,094 spaces to 1,069 spaces. Total parking provided for the project is 2,827 spaces with total required parking of 2,811 spaces. 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 Fry, seconded by Commissioner Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Martin, Busbee, Murray & Nicholson Nays: None 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, Wilbanks, Johnson, Stewart & Freed Nays: None FA 02/20/01 ITEM 2. PUBLIC HEARING, ZONING APPLICATION Z01 -01 LAKEVIEW ESTATES Mayor Tate declared the public hearing open. Development Services Director Hardy advised Zoning Application Z01-01 had been filed by Lakeview Estates requesting rezoning of approximately 22.868 acres from "R-20" Single Family District Regulations to "R-5.0" Zero Lot Line District Regulations with deed restrictions. The subject property is located at the southeast corner of the intersection of Midway Drive and Burney Road. Mr. Hardy reviewed the deed restrictions submitted by the applicant as follows: the minimum dwelling unit size shall be 1,800 square feet; minimum roof pitch of 7/12 on all homes; open fencing shall be required from the side of the home to the lot line; and all requirements of the "R-7.5" Single Family District shall be met with the exception of the front yard setback requirements for 25 feet instead of 30 feet. Mr. David McMahan, representing Four Peaks Development, Inc., requested favorable consideration of the application. He reviewed the proposed development that includes 81 lots with an average lot size of 7,600 to 9,183 square feet, with a median size of 8,700 square feet. He also noted the deed restrictions meet the requirements for "R-7.5" zoning with the exception of the front yard set backs. Mr. McMahan advised the proposal would increase the value of the surrounding properties; there should not be a significant impact on the traffic or density of homes in the area and the school district has planned for increased growth in the area. He stated the current mobile home residents would be given four months to relocate after formal notification to vacate the property. City Council questioned the proposed sewer and water plans for the area. Public Works Director Jerry Hodge reviewed the proposed residential developments, as well as the improvements to Meadowmere Park and noted that approval of the subject development would allow sewer and water for the undeveloped land. Mayor Tate invited guests present to comment regarding the application. The following spoke in opposition to the proposed rezoning: 1. Mr. Kris Miller, 1610 Burney Lane, Southlake 2. Ms. Tracy Miller, 1610 Burney Lane, Southlake 3. Mr. Edward Garrett, #12 Paloma, Grapevine 4. Ms. Carol Van Valkenburgh, 211 Chaparral Court, Southlake 5. Mr. Trent Wood, for Ms. Teresa Wood, 1572 North Gravel Road, Grapevine 6. Ms. LaDonna Boatwright, 139 El Dorado, Grapevine 7. Mr. Paul Wertz, 144 El Dorado Court, Grapevine 8. Mr. Lewis Donley, 117 El Dorado Court, Grapevine 9. Ms. Susan Graham, 14 La Paloma Court, Grapevine 10. Ms. Jane Feuchter, 3055 Midway Drive, Southlake Comments against the rezoning were concerns about where the current mobile home residents would be able to relocate, expenses involved in moving the mobile homes, the 3 02/20/01 amount of time from notification and having to be moved, as well as having to relocate their children in the middle of a school year. Concerns were expressed relative to declining property values, preferring the rural setting, increasing the density of homes, increasing traffic and impacting the Carroll School District. Mr. Kosse Maukus, 2604 North Carroll, Southlake, advised the City Council there had been misinformation circulated in Southlake regarding the proposed development. City Secretary Huff reported the City Council and Planning & Zoning Commission had been copied the 23 opposing letters from Southlake and the six supporting letters from Grapevine residents. Brief discussion ensued relative to the deed restrictions submitted and requested to be considered with the zoning case. Mr. Hardy advised the deed restrictions submitted complied with the "R-7.5" zoning with the exception of the front yard setback of 25 feet. Commissioner Busbee, seconded by Commissioner Nicholson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Martin, Busbee, Murray & Nicholson Nays: None Council Member Wilbanks, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 3. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU01-07 GRANDY'S Mayor Tate declared the public hearing open. Development Services Director Hardy advised Conditional Use Application CU01-07 had been filed by Grandy's requesting a conditional use permit to allow the development of a restaurant with a drive-through window on property located at 3525 Grapevine Mills Parkway. The subject property is zoned "CC" Community Commercial District Regulations. Mr. Billy Hudson, representing Mr. Mike Farhat, requested favorable consideration of the application. 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. CI 02/20/01 Commissioner Coy, seconded by Commissioner Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Martin, Busbee, Murray & Nicholson Nays: None Mayor Pro Tern Ware, seconded by Council Member Spencer, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 4. PUBLIC HEARING, AMEND APPENDIX D, COMPREHENSIVE ZONING ORDINANCE NO. 82-73, SECTION 60 SIGN STANDARDS Mayor Tate declared the public hearing open. Development Services Director Hardy reviewed proposed amendments to the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance No. 82-73, as amended, Section 60 Sign Standards relative to historic signage. Mr. Hardy advised the amendment would allow the placement of a historical replica sign on a structure whenever a certificate of appropriateness has been granted by the Historic Preservation Commission. 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 Busbee, seconded by Commissioner Fry, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Martin, Busbee, Murray & Nicholson Nays: None Council Member Johnson, seconded by Mayor Pro Tern Ware, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RECESS AND RECONVENE Mayor Tate announced the Planning & Zoning Commission would recess to the Planning & Zoning Conference Room to consider published business. 5 02/20/01 The City Council remained in session in the Council Chambers to consider published business. ITEM 5. AWARD CONSTRUCTION CONTRACT, RECONSTRUCTION OF W. T. PARR ROAD AND PARR PARK PARKING LOT, J. L. BERTRAM CONSTRUCTION AND ENGINEERING Public Works Director Jerry Hodge recommended approval of the award of a construction contract to J. L. Bertram Construction and Engineering for the reconstruction of W. T. Parr Road and the construction of Parr Park Parking Lot in the bid amount of $2,749,414.50. Mr. Hodge advised the project includes plans for the construction of concrete pavement, stormwater lines, water lines and wastewater lines. Also, 4,690 linear feet of hike and bike trail will be completed, as well as a new parking lot at Parr Park. The project will begin in March 2001 with a completion date of January 2002. Mayor Tate turned the meeting over to Mayor Pro Tern Ware. Council Member Stewart, seconded by Council Member Spencer, offered a motion to award the contract as recommended. The motion prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Abstain: Tate Mayor Pro Tern Ware turned the meeting back over to Mayor Tate. 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 6. Denial of Second Reading of Ordinance Relative to Zoning Application Z00- 08 Heritage Business Park Development Services Director recommended denial of the second reading of an ordinance relative to Zoning Application Z00-08 filed by Heritage Business Park relative to rezoning 11.826 acres from "Ll" Light Industrial to "BP" Business Park District. The subject project is located at 701 Industrial Boulevard. Motion by Council Member Johnson, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: A 02/20/01 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 7. Award Contracts, -Palace Theatre Project Development Services Director recommended approval of the award of contracts for waterproofing/sealants and millwork for the Palace Theatre Project in the amount of $45,881.00. Motion by Council Member Johnson, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 8. Authorize Interlocal Agreement, Dallas Area Rapid Transit, Reconstruction of Ball Street Crossing Public Works Director recommended approval of a Cost Reimbursement Interlocal Agreement with Dallas Area Rapid Transit for the reconstruction of the Ball Street crossing in the amount of $63,920.54 and authorization for Staff to execute said agreement. Motion by Council Member Johnson, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 9. Ordinance, Abandon Drainage Easement, Grapevine Mills Addition Public Works Director recommended approval of an ordinance abandoning a 20 -foot wide drainage easement located within the building pad of Anchor "A" of Lot 1R1, Block 1, Grapevine Mills Addition. Motion by Council Member Johnson, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2001-10 0 1 a 0-of-AINNION, - h 02/20/01 THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Item 10. Ordinance Abandon Utility Easement, Placid Peninsula Addition Public Works Director recommended approval of an ordinance abandoning a 10 -foot wide utility easement along the western portion of Lot 20, Block 4, Placid Peninsula Addition, Section A. Motion by Council Member Johnson, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2001-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A TEN FOOT (10') UTILITY EASEMENT IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Item 11. Award Bid 78-2001 Water Meters Annual Contract Staff recommended approval of the award of Bid 78-2001 Water Meters Annual Contract to the lowest and best bidder meeting specifications, Hughes Supply, in an amount not to exceed $111,200.00. Motion by Council Member Johnson, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 12. Renew Bid 9145 Heavy Equipment Rental Annual Contract Staff recommended approval of the renewal of Bid 9145 Heavy Equipment Rental Annual Contract to the lowest and best bidders meeting specifications on an as needed basis in an amount not to exceed $25,000.00. Motion by Council Member Johnson, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: 02/20/01 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 13. Award Bid 80-2001 Vehicle Collision Repair Annual Contract Staff recommended approval of the award of Bid 80-2001 Vehicle Collision Repair Annual Contract to the lowest and best bidder meeting specifications, Classic Chevrolet, in an amount not to exceed $100,000.00. Motion by Council Member Johnson, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 14. Resolution, Authorize Purchase of Thermal Imaging Cameras, Fire Department Staff recommended approval of a resolution authorizing the purchase of three thermal imaging cameras for the Fire Department from Cairns Advanced Technologies, in the amount of $33,200.00. Motion by Council Member Johnson, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2001-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE PURCHASE OF THERMAL IMAGING CAMERAS THAT ARE AVAILABLE FROM ONLY ONE SOURCE AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS AND DOCUMENTS AND PROVIDING AN EFFECTIVE DATE Item 15. Resolution, Authorize Purchase Software and Hardware, Grapevine Municipal Library Staff recommended approval of a resolution authorizing the purchase of software and hardware for the Grapevine Municipal Library from Able Electronics in the amount of $66,920.00. 9 02/20/01 Motion by Council Member Johnson, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2001-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING PARTICIPATION IN THE PURCHASING PROGRAMS OF THE STATE PURCHASING AND GENERAL SERVICES COMMISSION FOR CERTAIN ITEMS; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS AND DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE Item 15. Consideration of Minutes City Secretary recommended approval of the minutes of the February 6, 2001 City Council meetings as published. Motion by Council Member Johnson, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RECESS AND RECONVENE Mayor Tate announced the City Council would take a brief recess. Upon reconvening in the City Council Chambers, all members of the City Council were present. ITEM 16. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU01-05 OPRYLAND HOSPITALITY GROUP Chairman Oliver reported the Planning & Zoning Commission voted 5-2 for approval of Conditional Use Application CU01-05 filed by Opryland Hospitality Group granting a conditional use permit to amend the site plan approved by Ordinance No. 99-182 for a planed commercial center with a hotel and conference center to amend the parking layout. The subject property is located at 1501 Gaylord Trail and is zoned "PCD" Planned Commerce Development District. 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 W 02/20/01 permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO, 2001-12 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 CU01-05 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 99-182 FOR A PLANNED COMMERCIAL CENTER WITH A HOTEL AND CONFERENCE CENTER TO MODIFY THE PARKING LAYOUT IN A DISTRICT ZONED "PCD" PLANNED COMMERCE DEVELOPMENT 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 17. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z01-01 LAKEVIEW ESTATES Chairman Oliver reported the Planning & Zoning Commission voted 5-2 for denial of Zoning Application Z01-01 filed by Lakeview Estates. Zoning Application Z01-01 requested rezoning of approximately 22.868 acres from "R-20" Single Family District Regulations to "R-5.0" Zero Lot Line District Regulations with deed restrictions. The subject property is located at the southeast corner of the intersection of Midway Drive and Burney Road. Mayor Pro Tem Ware, seconded by Council Member Stewart, offered a motion to approve the ordinance granting the rezoning. The motion failed by the following vote: HE 02/20/01 Ayes: Tate, Ware, Johnson, Stewart & Freed Nays: Spencer & Wilbanks It was noted that a 3/4 vote of the City Council was required to override the Commission's vote for denial of the zoning case. Council discussion ensued relative to the only difference of the requested "R-5.0" zoning with deed restricting the property to "R-7.5" regulations was the 25 foot front yard set back. It was noted that denial of the rezoning case would affect development of other projects in the area. City Attorney John Boyle, Jr. noted that all of the requirements of the "R-7.5" zoning would be complied with under the "R-5.0" zoning with the exception of the front yard setback. He stated that the Council could inquire if the developer would be willing to offer in the deed restrictions that all requirements in the "R-7.5" zoning district would be met. Mr. McMahan stated that he would submit deed restrictions to comply with all requirements of the "R-7.5" zoning. Mr. Boyle then advised that one of the parties from the prevailing side could offer a new motion for reconsideration of the zoning case. Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to reconsider the application for approval with the developer agreeing to meet all of the requirements as identified in the "R-7.5" zoning category that would be deed restricted and agreed to by the developer and offered a motion to adopt the ordinance. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2001-13 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 Z01-01 ON A TRACT OF LAND OUT OF THE J.J. DWIGHT SURVEY, ABSTRACT NO. 455, THE A.B. CATE SURVEY, ABSTRACT NO. 1983, THE LEONARD LINCOLN SURVEY, ABSTRACT NO. 981 AND THE JOHN CHILDRESS SURVEY, ABSTRACT NO. 254 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 12 02120/01 FROM "R-20" 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 ITEM 18. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU01-07 GRANDY'S Chairman Oliver reported the Commission voted 6-1 for approval of Conditional Use Application CU01-07 filed by Grandy's requesting a conditional use permit to allow the development of a restaurant with a drive-through window on property located at 3525 Grapevine Mills Parkway and zoned "CC" Community Commercial District Regulations. Council Member Spencer, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use application. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2001-14 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 CU01-07 TO ALLOW A RESTAURANT WITH A DRIVE-THROUGH WINDOW IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS 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 13 02/20/01 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 19. PLANNING & ZONING COMMISSION RECOMMENDATION AMEND APPENDIX D COMPREHENSIVE ZONING ORDINANCE NO. 82- 73 SECTION 60 SIGN STANDARDS Chairman Oliver reported the 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 60 Sign Standards relative to historic signs. Mayor Pro Tem Ware, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and adopt the ordinance approving the amendments. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2001-15 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 CODE OF ORDINANCES OF THE CITY OF GRAPEVINE, TEXAS, BY PROVIDING FOR AMENDMENTS AND CHANGES TO ZONING REGULATIONS BY AMENDING SECTION 60 SIGN STANDARDS; 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 ADJOURNMENT Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to 14 02/20/01 adjourn the meeting at 9:35 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of March, 2001. ATTEST: Linda Huff City Secretary 15 William D. Tate Mayor