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HomeMy WebLinkAboutItem 11 - MinutesSTATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 21 st day of September, 2004 at 6:30 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to -wit: Ted R. Ware Mayor Pro Tem C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with Mayor William D. Tate and Council Member Sharron Spencer absent, with the following members of the City Staff: Roger Nelson City Manager Bruno Rumbelow Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Jennifer Hibbs Assistant to the City Manager CALL TO ORDER Mayor Pro Tem Ware called the meeting to order at 6:35 p.m. ITEM 1. DISCUSS REQUEST TO AMEND "HC" HIGHWAY COMMERCIAL DISTRICT Development Services Director H. T. Hardy reviewed the request of the owner of Grapevine Golf Carts to amend "HC" Highway Commercial District to allow as a conditional use outside display and outside storage of golf carts on property located at 1380 West Northwest Highway. It was the consensus of the Council for Staff to set a public hearing to consider an amendment to the zoning ordinance. ADJOURNMENT Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the workshop at 6:40 p.m. The motion prevailed by the following vote: Ayes: Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate & Spencer 09/21/04 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 5th day of October, 2004. ATTEST: Linda Huff City Secretary 2 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 21st day of September, 2004 at 7:00 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to -wit: Ted R. Ware Mayor Pro Tern C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with Mayor William D. Tate and Council Member Sharron Spencer, absent, with the following members of the City Staff: Roger Nelson City Manager Bruno Rumbelow Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Jennifer Hibbs Assistant to the City Manager CALL TO ORDER Mayor Pro Tern Ware called the meeting to order at 7:00 p.m. ITEM 1. EXECUTIVE SESSION Mayor Pro Tern Ware 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 under Section 551.087, Texas Government Code. Upon reconvening in open session in the Council Chambers, Mayor Pro Tern Ware asked if there was any action necessary relative to the closed session. City Manager Roger Nelson stated there was no action necessary relative to the closed session. NOTE: City Council continued with the Regular City Council meeting in open session in the Council Chambers. 09/21/04 ADJOURNMENT Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to adjourn the meeting at 9:21 p.m. The motion prevailed by the following vote: Ayes: Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate & Spencer PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 5th day of October, 2004. ATTEST: Linda Huff City Secretary F4 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 21 st day of September, 2004 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: Ted R. Ware C. Shane Wilbanks Clydene Johnson Roy Stewart Darlene Freed Mayor Pro Tern Council Member Council Member Council Member Council Member constituting a quorum, with Mayor William D. Tate and Council Member Sharron Spencer absent, with the following members of the Planning & Zoning Commission: Larry Oliver Herbert Fry Chris Coy Betty "BJ" Wilson Rob Undersander Becky St. John Mark Lowery Chairman Vice Chairman Member Member Member Member Alternate constituting a quorum, with Commissioners Danette Murray and Paul Jennings absent, with the following members of the City Staff: Roger Nelson City Manager Bruno Rumbelow Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Jennifer Hibbs Assistant to the City Manager Mayor Pro Tern Ware called the meeting to order at 7:32 p.m. INVOCATION Commissioner Fry delivered the Invocation. ITEM 1. PUBLIC HEARING, ZONING APPLICATON Z04-06 KMF PROPERTIES Mayor Pro Tern Ware declared the public hearing open. 09/21/04 Planner Ron Stombaugh reported Zoning Application Z04-06 had been filed by KMF Properties requesting rezoning of 0.684 acres from "R-7.5" Single -Family District Regulations to "PO" Professional Office District Regulations. The subject property is located at 621 North Main Street and the applicant proposes to convert the existing residential structure into an office building. Mr. Stombaugh reported the property has an Historic Landmark Subdistrict Overlay, the Marvin Langley House, and any future changes to the site proposed by the applicant will require a Certificate of Appropriateness from the Historic Preservation Commission. Mr. Kris Fagala requested favorable consideration of the application. The City Council and the Planning & Zoning Commission questioned the type of parking lot material that would be utilized. Mr.__Fagala responded that he proposes crushed stone and gravel. Mayor Pro Tem Ware invited guests present to comment regarding the application. Mr. John Purvalt, 705 North Main Street, expressed his support for the proposed rezoning. Mr. Kyle Parnell, property owner of 101, 105,109 and 117 Wildwood Court, questioned the restrictions of "PO" Professional Office zoning and expressed his concern that the existing structure could be replaced in the future by an office building. Development Services Director H. T. Hardy advised that the Historic Overlay Subdistrict is restrictive, as a Certificate of Appropriateness from the Historic Preservation Commission is required for modifications to the property. City Secretary Huff reported the Council and Commission had been copied the one letter of protest for the rezoning. Commissioner Undersander, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Wilson, Undersander, St. John & Lowery Nays: None Absent: Murray Council Member Stewart, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate & Spencer ITEM 2. PUBLIC HEARING, ZONING APPLICATION Z04-10 MOUTON SALON E 09/21/04 Mayor Pro Tem Ware declared the public hearing open. Planner Stombaugh reported Zoning Application Z04-10 had been filed by Mouton Salon requesting rezoning of 1.228 acres from "PCD" Planned Commerce Development District to "CC" Community Commercial District Regulations. The subject property is located at 2020 Hall -Johnson Road. Mr. Alan Curlee requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Pro Tem Ware 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 St. John, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Wilson, Undersander, St. John & Lowery Nays: None Absent: Murray Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate & Spencer ITEM 3. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU04-29 SAM'S CLUB Mayor Pro Tem Ware declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU04-29 had been filed by Sam's Club requesting a conditional use permit to amend the site plan- approved by Ordinance No. 2002-09 to add a car wash to the property located at 1701 West State Highway 114. The property is zoned "CC" Community Commercial District Regulations. The applicant proposes the addition of a two -bay, fully enclosed, automated car wash near the existing fuel center. Mr. Jeffery Wooten and Mr. Anthony Dodson requested favorable consideration of the application. Questions from the City Council and the Planning & Zoning Commission related to the traffic flow through the parking lot and fuel center to the car wash. Mr. Dodson replied there would be signage to direct traffic to the car wash. 3 09/21/04 Mayor Pro Tem Ware invited guests present to comment regarding the application. No one wished to speak. City Secretary Huff reported the Council and Commission had been copied the two letters of opposition and the one letter of concern. Commissioner Coy, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Wilson, Undersander, St. John & Lowery Nays: None Absent: Murray Council Member Johnson, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate & Spencer ITEM 4. PUBLIC HEARING,_ CONDITIONAL USE APPLICATION CU04-32 SHOPPES AT GRAPEVINE FINAL PLAT LOTS 2R, 3 AND 4, BLOCK A GRAPEVINE VINEYARD REPLAT_OF LOT 2, BLOCK A, GRAPEVINE VINEYARD �Mayor Pro Tem Ware declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU04-32 and the application for the final plat of Lots 2R, 3 and 4, Block A, Grapevine Vineyard being a replat of Lot 2, Block A, Grapevine Vineyard had been filed by the Shoppes At Grapevine. The conditional use application requests a conditional use permit to establish a planned commercial center for retail and restaurant uses on property located at the southeast corner of Grapevine Mills Parkway and Stars and Stripes Way. The property contains 15.73 acres and is zoned "CC' Community Commercial District Regulations. The development will be set back approximately 130 -feet east of Grapevine Mills Parkway due to the right-of-way needs for the future expansion and re -alignment of F.M. 2499. The applicant proposes three 40 -foot pylon signs and three, 20 -foot pylon signs along Grapevine Mills Parkway; one, 40 -foot pylon sign and two, 20 -foot pylon signs along State Highway 121; and a 20 -foot pylon sign is proposed at the northeast corner of the subject property along Stars and Stripes Way. Mr. Bill Stueber, Mr. Tony Bowen and Mr. Tom Batenhorst requested favorable consideration of the application. City Council and the Planning & Zoning Commission questioned the number of signs proposed for the development as well as the elevations presented. Mr. Bowen stated that ten was the total number proposed for ultimate build out of the property. He stated the restaurants will each have their own identity and that the elevations and color schemes 19 09/21/04 presented were modeled after the Gaylord Texan. It was the consensus of the Council that the developer visit downtown Grapevine for an understanding of the facades preferred by the City. Mayor Pro Tern Ware invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Development Services Director Hardy advised that if the Council and Commission approve the case, the elevations submitted will be approved. Commissioner Undersander, seconded by Commissioner Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Wilson, Undersander, St. John & Lowery Nays: None Absent: Murray Council Member Stewart, seconded by Council Member Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate & Spencer ITEM 5. PUBLIC HEARING SPECIAL USE APPLICATION SU04-02 SPRINT/CROSSTIMBERS Mayor Pro Tern Ware declared the public hearing open. Planner Stombaugh reported Special Use Application SU04-02 had been filed by Sprint/Crosstimbers requesting a special use permit to amend the site plan approved by Ordinance No. 2001-23 for a 20 -foot extension to an existing 80 -foot light standard for the collocation of an additional cellular antenna array. The subject property is zoned "GU" Governmental Use District and is located at 2301 Pool Road. Mr. George Crain requested favorable consideration of the application. He stated the request is only to add 20 -feet to the existing 80 -foot pole and not for collocation of additional cellular antenna. Deliberation ensued relative to the amount of additional coverage that would be generated by extension of the existing 80 -foot pole. Mr. Crain stated that he was not an expert, but would estimate an additional mile of coverage. Mayor Pro Tern Ware invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. 5 09/21/04 m Commissioner Wilson, seconded by Commissioner Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Wilson, Undersander, St. John & Lowery Nays: None Absent: Murray Council Member Johnson, seconded by Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate & Spencer _. RECESS AND RECONVENE Mayor Pro Tem Ware announced the Planning & Zoning Commission would recess to the Planning & Zoning Conference Room to consider published business. The City Council took a brief recess. Upon reconvening in the Council Chambers all members of the City Council were present with the exception of Mayor Tate and Council Member Spencer. ITEM 5A. CITIZENS COMMENTS, MR. ROBERT BUCHANAN Mr. Robert Buchanan, 3705 Oakwood Drive, addressed the City Council on behalf of the Grapevine Citizens' Watch relative to Agenda Item 6 lake front parks. He noted that assuming passage of all park related measures, the Grapevine City Council will formally take long-term responsibility for its lake front property on Lake Grapevine. He commended the City for creating a Five -Year Development Plan and Guiding Principles for implementation of the Plan, as well as listening to citizen input during the process. He stated that the City communicated well with its citizens through the City's web site and public meetings. He expressed appreciation to the City Council, City Staff and the Parks & Recreation Advisory Board for providing citizens with inviting parks to visit. He expressed appreciation to the Council and City Staff for their running of the City in general and the lake front parks in particular. He stated that Grapevine Citizens Watch has enjoyed the unfolding parks story and being a part of it, and that they are looking forward to the next chapter. ITEM 6. U.S. ARMY CORPS OF ENGINEERS 25 -YEAR LEASE AGREEMENTS RESOLUTIONS, FIVE-YEAR DEVELOPMENT PLAN GUIDING PRINCIPLES FOR MANAGEMENT OF IMPROVEMENTS Parks & Recreation Director Doug Evans reviewed the following documents relating to parkland leased from the U.S. Army Corps of Engineers: 25 -year Lease agreements for an approximate total of 1,200 acres of parkland located at Meadowmere Park, Oak Grove 0 09/21/04 Park and Silver Lake Park. He requested approval of a resolution adopting the Five -Year Development Plan for Meadowmere Park, Oak Grove Park and Silver Lake Park and approval of a resolution adopting the Guiding Principles for the Management of the Improvements outlined in the Five -Year Development Plan. A Council Corps Sub - Committee comprised of Council Members Ware, Spencer, and Wilbanks worked with City Staff and Carter & Burgess to develop a plan for the lake parks that would have minimal impact on neighborhoods and that would generate the revenue needed to maintain the new park land. It was noted that all funds generated from the Corps of Engineer property must be used back on Corps of Engineer property. Council commended City Staff for their diligence in the development of the plan and guiding principles for the lease property. Council Member Freed, seconded by Council Member Wilbanks, offered a motion to approve the lease agreements and the resolutions approving the Five -Year Development Plan and the Guiding Principles for the Management of the Improvements. The motion prevailed by the following vote: Ayes: Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate & Spencer RESOLUTION NO. 2004-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, SUPPORTING THE FIVE-YEAR DEVELOPMENT PLAN OF CORPS OF ENGINEERS PROPERTY THE CITY OF GRAPEVINE WILL TAKE OVER MANAGEMENT OF AS OF OCTOBER 1, 2004; AND PROVIDING AN EFFECTIVE DATE RESOLUTION NO. 2004-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, APPROVING GUIDING PRINCIPLES FOR THE MANAGEMENT OF CORPS OF ENGINEERS - PROPERTY THE CITY OF GRAPEVINE WILL TAKE OVER MANAGEMENT OF AS OF OCTOBER 1, 2004; AND PROVIDING AN EFFECTIVE DATE ITEM 7. INTERLOCAL AGREEMENT, MUTUAL AID FIRE INVESTIGATION SERVICES Fire Chief David Anderson requested approval of an interlocal agreement for Mutual Aid Fire Investigation Services with those cities or entities that adopt said agreement. The agreement has been updated to meet new standards of service provided by the Fire Departments to include multi -city fire investigation team participation for large-scale fires. 7 Council Member Johnson, seconded by Council Member Freed, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes: Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate & Spencer ITEM 8. RESOLUTION, AUTHORIZE AGREEMENT, PUBLIC AGENCY RETIREMENT SYSTEM (PARS) Administrative Services Director William Gaither requested approval of a resolution authorizing the City Manager to execute an agreement with the Public Agency Retirement System (PARS) to provide an alternate retirement system for part-time employees. In 1982, pursuant to Federal legislation, the City of Grapevine opted out of social security for full-time employees. The City is required to contribute an amount equal to 6.2% of each part-time employee's salary to social security and the employee is required to contribute a similar amount for a total contribution of 12.4%. In 1990, Congress mandated that employees not covered by a retirement program should be enrolled in social security or an alternate retirement program. Mr. Gaither advised that PARS provides certain benefits to both the employee and the City. The legislation requires a minimum contribution to the alternate plan of 7.5%. The employee's contribution will remain the same as it is under social security (this can be taken from pretax dollars which results in an increase in take home pay) and the City will contribute 1.3% for a total of 7.5%. Mr. Gaither noted that November 14, 2004 is the effective date for the benefit of employees on that date and hired thereafter. Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to approve the resolution as recommended. The motion prevailed by the following vote: Ayes: Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate & Spencer RESOLUTION NO. 2004-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AUTHORIZING THE CITY OF GRAPEVINE TO ENTER INTO AN AGREEMENT WITH THE PUBLIC AGENCY RETIREMENT SYSTEMS TO PROVIDE AN ALTERNATE RETIREMENT SYSTEM FOR PART-TIME EMPLOYEES AND PROVIDING AND EFFECTIVE DATE ITEM 9. CONTRACT, OLDE TYME CARRIAGE SERVICE Assistant to the City Manager Jennifer Hibbs requested approval of a contract with Ms. Anne Murray of Olde Tyme Carriage Service for horse and carriage service in portions of the City. Ms. Murray at the request of the Gaylord Texan Resort & Convention Center at F." 09/21/04 Lake Grapevine would operate a tour on their property during the holiday season between the approximate hours of 5:30 p.m. to 10:30 p.m. She has also requested to operate a downtown tour from 11:00 a.m. to 2:00 p.m. on weekdays. The Cross Timbers Winery and Tasting Room has agreed to provide a base of operation for Ms. Murray's horses and trailer while she is in town. Ms. Hibbs advised that Staff has requested the routes and hours of operation not be specified in the contract, but be reviewed and approved by the City Manager. Council Member Freed, seconded by Council Member Johnson, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes: Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate & Spencer 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 Pro Tern Ware 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. Ordinance, Abandon Wood Street Alley, College Heights Addition Public Works Director recommended approval of an ordinance abandoning a 4,175 square foot alley located on Wood Street and bordering Lots 9, 10, 11, 12 and 13, Block 103 and Lots 9, 10 and 12R, Block 105, College Heights Addition. Motion by Council Member Stewart, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate & Spencer ORDINANCE NO. 2004-58 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A 4,175 SQUARE FOOT ALLEY LOCATED ON WOOD STREET IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; SAVE AND EXCEPT THE RETENTION OF SAID ALLEY FOR A UTILITY EASEMENT; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE �61 09/21/04 Item 11. Consideration of Minutes City Secretary recommended approval of the minutes of the August 31, September 7 and 14, 2004 City Council meetings as published. Motion by Council Member Stewart, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate & Spencer ZONING j • 1 • PROPERTIES Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Zoning Application Z04-06 filed by KMF Properties granting rezoning of approximately 0.684 acres from "R-7.5" Single -Family District Regulations to "PO" Professional Office District Regulations. The subject property is located at 621 North Main Street and is being rezoned for utilization as an office. Council Member Stewart, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation and approve the ordinance granting the rezoning. The motion prevailed by the following vote: Ayes: Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate & Spencer 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 Z04-06 ON A TRACT OF LAND OUT OF THE A. F. LEONARD SURVEY, ABSTRACT NO. 946, 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 "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE ii0 09/21/04 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 13. `PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z04-10 MOUTON SALON Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Zoning Application Z04-10 filed by Mouton Salon granting rezoning of approximately 1.228 acres from "PCD" Planned Commerce Development District to "CC" Community Commercial District Regulations. The subject property is located at 2020 Hall -Johnson Road. Council Member Stewart, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the ordinance granting the rezoning. The motion prevailed by the following vote: Ayes: Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate & Spencer ORDINANCE NO. 2004-60 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 Z04-10 ON A TRACT OF LAND OUT OF THE W. DRISKILL SURVEY, ABSTRACT NO. 405, 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 "PCD" PLANNED COMMERCE DEVELOPMENT DISTRICT TO "CC" COMMUNITY COMMERCIAL 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 11 09/21/04 WELFARE DEMAND A ZONING CHANGE AND 011 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 14. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 2, BLOCK 1, DRISKILL PLACE Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 2, Block 1, Driskill Place. The 1.228 acre property located at 2020 Hall -Johnson Road is being platted for development of a hair salon. Council Member Johnson, seconded by Council Member Wilbanks, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 2, Block 1, Driskill Place. The motion prevailed by the following vote: Ayes: Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate& Spencer ITEM 15. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU04-29 SAM'S CLUB Chairman Oliver reported the Planning & Zoning Commission voted 6-1 for approval of Conditional Use Application CU04-29 filed by Sam's Club granting a conditional use permit to amend the site plan approved by Ordinance No. 2002-09 to add a car wash to property located at 1701 West State Highway 114. The subject property is zoned "CC" Community Commercial District Regulations. Council Member Freed, seconded by Council Member Johnson, 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: Ware, Johnson, Stewart & Freed Nays: Wilbanks Absent: Tate & Spencer ORDINANCE NO. 2004-61 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE 12 09/21/04 OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU04-29 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2002-09 FOR A PLANNED COMMERCIAL CENTER SPECIFICALLY TO ALLOW THE ADDITION OF A CAR WASH IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS, ALL W 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 16. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU04-32 SHOPPES AT GRAPEVINE Chairman Oliver reported the Planning & Zoning Commission tabled Conditional Use Application CU04-32 filed by Shoppes at Grapevine to the October 19, 2004 meeting requesting the applicant to submit different renditions for the building elevations, as well as signage. The conditional use application requested a planned commercial center for retail and restaurant uses on property located at the southeast corner of Grapevine Mills Parkway and Stars and Stripes Way. The subject property is zoned "CC" Community Commercial District Regulations There was no action taken by the City Council. ITEM 17. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 2R, 3 AND 4, BLOCK A, GRAPEVINE VINEYARD Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for denial of the Statement of Findings and the final plat of Lots 2R, 3 and 4, Block A, Grapevine Vineyard. The 8.128 acre property is located at the southeast corner of Grapevine Mills Parkway and Starts and Stripes Way and is being platted for restaurant and retail developments. The subject property is zoned "CC" Community Commercial District Regulations 13 Wf. Council Member Freed, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation for denial of the final plat of Lots 2R, 3 and 4, Block 0114 A, Grapevine Vineyard. The motion prevailed by the following vote: Ayes: Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate & Spencer ITEM 18. PLANNING & ZONING COMMISSION RECOMMENDATION SPECIAL USE APPLICATION SU04-02 SPRINT/CROSSTIMBERS Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Special Use Application SU04-02 filed by Sprint/Crosstimbers granting a special use permit for a 20 -foot extension to the existing 80 -foot light standard for the collocation of additional cellular antenna. The subject property is located as 2301 Pool Road and is zoned "GU" Governmental Use District. Council Member Stewart, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation and approve the ordinance granting the special use permit. The motion prevailed by the following vote: Ayes: Ware, Johnson, Stewart & Freed Nays: Wilbanks Absent: Tate & Spencer ORDINANCE NO. 2004-62 AN ORDINANCE ISSUING A SPECIAL USE PERMIT IN ACCORDANCE WITH SECTION 49 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 SPECIAL USE PERMIT SU04-02 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2001-23 FOR CELLULAR COMMUNICATION USES FOR A 20 -FOOT EXTENSION ON AN 80 -FOOT LIGHT STANDARD FOR THE COLLOCATION OF AN ADDITIONAL CELLULAR ANTENNA ARRAY IN A DISTRICT ZONED "GU" GOVERNMENTAL USE 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 M 09/21/04 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 PRELIMINARY PLAT LOTS 1-24 BLOCK 1 CRESTWOOD HOLLOW Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the preliminary plat of Lots 1-24, Block 1, Crestwood Hollow with the stipulation that the 20 foot access easement between the two cul-de-sacs include an emergency access easement. The property is being platted for a 24 lot residential subdivision. The 6.82 acre property is located between Hall -Johnson Road and Hughes Road and is zoned "R-5.0" Single -Family Residential District. 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 Lots 1-24, Block 1, Crestwood Hollow with the stipulation that the 20 foot access easement between the two cul-de-sacs include an emergency access easement. The motion prevailed by the following vote: Ayes: Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate & Spencer ITEM 20. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1-24 BLOCK 1 CRESTWOOD HOLLOW Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 1-24, Block 1, Crestwood Hollow with the stipulation that the 20 foot access easement between the two cul-de-sacs include an emergency access easement. The property is being platted for a 24 lot residential subdivision. The 6.82 acre property is located between Hall -Johnson Road and Hughes Road and is zoned "R-5.0" Single -Family Residential District. Council Member Freed, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and final plat of Lots 1-24, Block 1, Crestwood Hollow with the stipulation that the 20 foot access easement between the two cul-de-sacs include an emergency access easement. The motion prevailed by the following vote: Ayes: Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate & Spencer 15 09/21/04 rwITEM 21. PLANNING & ZONING COMMISSION RECOMMENDATION ,�H FINAL PLAT LOT 4, BLOCK 1 ROLLING HILLS ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 4, Block 1, Rolling Hills Addition that has never been platted and has an exiting residential home on the lot. The subject 1.5 acres is located on the north side of Rolling Hills Lane and is zoned "R-20" Single -Family Residential District. Council Member Johnson, 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 4, Block 1, Rolling Hills Addition. The motion prevailed by the following vote: Ayes: Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate & Spencer Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to adjourn the meeting at 9:21 p.m. The motion prevailed by the following vote: Ayes: Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate & Spencer PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 5th day of October, 2004. ATTEST: Linda Huff City Secretary W. William D. Tate Mayor