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HomeMy WebLinkAboutItem 09 - MinutesITEM R q 0 - - M � 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 23rd day of March, 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: William D. Tate Ted R. Ware Sharron Spencer C. Shane Wilbanks Clydene Johnson Darlene Freed Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member constituting a quorum, with Council Member Roy Stewart 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 Alternate Paul Jennings Alternate constituting a quorum, with Commissioner Herb Fry 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 Tate called the meeting to order at 7:52 p.m. INVOCATION Commissioner Undersander delivered the Invocation. 03/23/04 ITEM 1. PUBLIC HEARING CONDITIONAL USE APPLICATION CU04-01 SPEEDWAY GRAPEVINE Mayor Tate declared the public hearing open. Planner Ron Stombaugh reported Conditional Use Application CU04-41 had been filed by Speedway Grapevine requesting a conditional use permit for a car wash and lube/oil change facility on property located at 3501 Grapevine Mills Boulevard North. The approximate 1.123 acre property is zoned "CC" Community Commercial District Regulations. Mr. Vincent Jarrard requested favorable consideration of the application. Planning & Zoning Commission questioned the hours of operation. It was noted they are proposed to be from 8:00 a.m. to 9:00 p.m. Mayor Tate invited guests present to comment regarding the application. Mr. Lanny Wilkinson, 1705 Altacrest Drive, stated his concern that the facility would not succeed at the proposed location due to the lack of traffic on the road. City Secretary Huff stated was no correspondence to report. Commissioner Wilson, 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 & Jennings Nays: None Absent: Fry Council Member Johnson, seconded by Council Member Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart ITEM 2. PUBLIC HEARING CONDITIONAL USE APPLICATION CU04-06 GRAPEVINE KAWASAKI Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU04-06 had been filed by Grapevine Kawasaki requesting a conditional use permit for a motorcycle dealership on property located at 721 West State Highway 114. The 1.38 acre property is zoned "CC" Community Commercial District Regulations. Mr. Stombaugh stated there will not be any 4 03/23/04 outside storage and outside display will occur in only designated areas. He stated the applicant did not request on -premise signage, that the applicant will rely on building signage. Mr. Dennis Wagner requested favorable consideration of the application. Planning & Zoning Commission questioned the location and type of fencing proposed for the development. Mr. Wagner stated there would be an eight foot masonry wall in back of the building. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. 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 & Jennings Nays: None Absent: Fry 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 & Freed Nays: None Absent: Stewart ITEM 3. PUBLIC HEARING CONDITIONAL USE APPLICATION CU04-08 BACK PORCH GRILL AND TAVERN Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU04-08 had been filed by the Back Porch Grill and Tavern requesting a conditional use permit for a restaurant with the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages) on property located at 210 North Main Street. The property is zoned "CN" Neighborhood Commercial District. Ms. Rachel McGallan and Ms. Kimberly Newton requested favorable consideration of the application. Planning & Zoning Commission questioned the hours of operation of the restaurant. The applicants responded they would be open Sunday through Thursday 11 a.m. to 12 p.m.; Friday and Saturday 11 a.m. to 2 a.m. and closed on Monday. 3 03/23/04 Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Jennings, 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 & Jennings Nays: None Absent: Fry Mayor Pro Tem 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 & Freed Nays: None Absent: Stewart ITEM 4. PUBLIC HEARING CONDITIONAL USE APPLICATION CU04-09 AND SPECIAL USE APPLICATION SU04-01 GAYLORD TEXAN RESORT AND CONVENTION CENTER ON LAKE GRAPEVINE Mayor Tate declared the public hearing open Planner Stombaugh reported Conditional Use Application CU04-09 and Special Use Application SU04-01 had been filed by Gaylord Texan Resort and Convention Center on Lake Grapevine. The conditional use application requests to amend the site plan approved by Ordinance No. 2003-65 relative to signage for the hotel and convention center. The signage package includes basic on -premise signage as well as directional and banner signage. Mr. Stombaugh advised the special use application requests a permit for paid parking areas on the hotel site. The subject property is located at 1501 Gaylord Trail and is zoned "PCD" Planned Commerce Development District. Mr. Paul McBartlett requested favorable consideration of the conditional use application. There were no questions from the Council or Commission relative to the proposed signage. Mr. John Imaizumi requested favorable consideration of the special use application. Deliberation ensued relative to the need for the paid parking areas. Mr. Imaizumi responded that patrons of the hotel's various restaurants shops and personal services will have their parking "validated" but in most other instances, parking will require payment either before entering a parking area or after leaving the area depending on the location. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. $I 0 03/23/04 Commissioner Undersander, 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 & Jennings Nays: None Absent: Fry Council Member Freed, seconded by Council Member Johnson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart ITEM 5. PUBLIC HEARING, AMEND GRAPEVINE CODE OF ORDINANCES, APPENDIX D, COMPREHENSIVE ZONING ORDINANCE NO. 82-73, AS AMENDED, SECTION 28 "CDB" CENTRAL BUSINESS DISTRICT Mayor Tate declared the public hearing open. Planner Stombaugh reviewed the proposed amendments to the Grapevine Code of Ordinances, Appendix D, the Comprehensive Zoning Ordinance No. 82-73, as amended, Section 28 "CBD" Central Business District to eliminate the one-year trial period for outside display of merchandise and to permanently allow, within the guidelines established, the outside display of merchandise as an accessory use. 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 Jennings, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Murray, Wilson, Undersander, St. John & Jennings Nays: None Absent: Fry Council Member Johnson, seconded by Council Member Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart 5 03/23/04 I ` RECESS AND RECONVENE Mayor Tate announced the Planning & Zoning Commission would recess to the Planning & Zoning Conference Room to consider published business. The City Council remained in session in the Council Chambers to consider published business. ITEM 6. PROFESSIONAL SERVICES AGREEMENT SALES TAX ANALYSIS Administrative Services Director Bili Gaither requested approval of an agreement with Kasner & Associates, LLC for a transaction tax analysis for the purpose of identifying, quantifying and recovering misapplied City sales taxes. The study would review the state sales and use tax filings of all businesses located in Grapevine to determine if the amounts filed with the State have been properly calculated and remitted. If amounts are due the City, the firm will assist the City in obtaining recovery of underpayments. The firm will receive 33% of any recoveries received. Council Member Freed, seconded by Council Member Spencer, offered a motion to approve the agreement with Kasner & Associates, LLC as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None City Manager Roger Nelson requested approval of a resolution opposing any school finance or tax system reforms that would negatively affect City revenues and adversely impact the City providing essential City services to its residents. Council Member Spencer, seconded by Council Member Freed, offered a motion to adopt the resolution regarding school finance reform. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart RESOLUTION NO. 2004-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS OPPOSING ANY SCHOOL FINANCE OR TAX SYSTEM REFORMS THAT WOULD NEGATIVELY AFFECT CITY REVENUES AND ADVERSELY IMPACT THE CITY PROVIDING ESSENTIAL CITY SERVICES TO ITS RESIDENTS; AND PROVIDING AN EFFECTIVE DATE L•. 03/23/04 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 8. Resolution Barton Street Inclusion in Festivals Convention & Visitors Bureau Director recommended approval of a resolution for the inclusion of Barton Street from West Texas Street (Weems Alley) to West Franklin Street during Main Street Days and/or GrapeFest festivals. Motion by Council Member Wilbanks, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart 0 � 2 14 =01 I tol I L91 10 • rXITIM us A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS ENDORSING THE INCLUSION OF BARTON STREET FROM WEST TEXAS STREET (WEEMS ALLEY) TO WEST FRANKLIN STREET OR ANY PART THEREOF DURING MAIN STREET DAYS AND/OR GRAPEFEST AND PROVIDING AN EFFECTIVE DATE Item 9. Resolution, Amend Resolution No. 2004-08, Aquarium Development Corporation of Grapevine City Manager recommended approval of a resolution amending Resolution No. 2004-08 that authorized the creation of the Aquarium Development Corporation of Grapevine (ADCC) by amending the By-laws of the ADCG as adopted by the ADCG Board of Directors. Motion by Council Member Wilbanks, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart 7 03/23/04 RESOLUTION NO. 2004-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING RESOLUTION NO. 2004-08 THAT CREATED THE AQUARIUM DEVELOPMENT CORPORATION OF GRAPEVINE RELATIVE TO AMENDING THE BYLAWS AND PROVIDING AN EFFECTIVE DATE Item 10. Ordinance, Amend Chapter 23 Traffic Stop Signs Public Works Director recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 23 Traffic, Section 23-30 Stop Intersections relative to the installation of stop signs at various locations. Motion by Council Member Wilbanks, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart ORDINANCE NO, 2004-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 23 TRAFFIC, SECTION 23-30 RELATIVE TO STOP INTERSECTIONS; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Item 11. Ordinance, Abandon Utility Easement Creekwood Estates Public Works Director recommended approval of an ordinance abandoning a nine -foot portion of a ten -foot utility easement located within Lot 1OR, Block 1, Creekwood Estates. Motion by Council Member Wilbanks, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: 14 03/23/04 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart ORDINANCE NO. 2004-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A PORTION OF A UTILITY EASEMENT IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Item 12. Award En ineering Services Contract, Utility Fund Analysis, Freese and Nichols Incorporated Public Works Director recommended approval of the award of an engineering services contract to Freese and Nichols Incorporated in the amount not to exceed $23,000.00 for a Utility Fund Analysis and authorize the City Manager as signatory. Motion by Council Member Wilbanks, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart Item 13. Renew Contract, Safety System International Administrative Services Director recommended renewal of a contract with Safety System International in the amount of $18,000.00 to provide safety consulting services and authorize the City Manager as signatory. Motion by Council Member Wilbanks, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart Item 14. Amended and Restated Vehicular, Pedestrian and Utility Ingress and Egress, Parking and Access Easements — Gaylord Texan Resort and Convention Center on Lake Grapevine Public Works Director recommended approval of an amended and restated vehicular, pedestrian and utility ingress and egress easements, parking garage and parking lot .01 03/23/04 easements, and access easements at the Gaylord Texan Resort and Convention Center on Lake Grapevine. Motion by Council Member Wilbanks, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart Item 15. Interlocal Agreement Wastewater Service State Highway 26/Pool Road Addition Public Works Director recommended approval of an interlocal agreement with the City of Colleyville to provide wastewater service to the Pool Road and State Highway 26 Addition within the City of Grapevine. Motion by Council Member Wilbanks, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart Item 16. Renew Bid 77-2001 Water/Wastewater Chemicals Annual Contract Public Works Director recommended approval of the renewal of Bid 77-2001 Water/Wastewater Chemicals Annual Contract to the lowest and best bidders meeting specifications: Altivia Corporation; Pencco, Inc.; DPC, Ind.; Fort Bend Services and Eaglebrook Chemical. Motion by Council Member Wilbanks, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart Item 17. Resolution Purchase Photocopiers Minolta Police Chief recommended approval of a resolution authorizing the purchase of two Minolta photocopiers through a cooperative purchasing agreement with the State of Texas Building and Procurement Commission in an amount not to exceed $22,870.00. Motion by Council Member Wilbanks, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: m 03/23/04 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart RESOLUTION NO. 2004-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNATE TO PURCHASE PHOTOCOPIERS THROUGH AN ESTABLISHED COOPERATIVE PURCHASING AGREEMENT WITH THE TEXAS BUILDING AND PROCUREMENT COMMISSION AND PROVIDING AN EFFECTIVE DATE Item 18. Resolution, Purchase Utility Vehicles, John Deere Administrative Services Director recommended approval of a resolution authorizing the purchase of three John Deere utility vehicles for the Municipal Golf Course through an existing inter -local agreement with the Houston/Galveston Area Council in an amount not to exceed $46,274.26. Motion by Council Member Wilbanks, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart RESOLUTION NO. 2004-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO PURCHASE VEHICLES THROUGH AN ESTABLISHED INTERLOCAL AGREEMENT WITH THE HOUSTON/GALVESTON AREA COUNCIL AND PROVIDING AN EFFECTIVE DATE Item 19. Renew Bid 44-2000 Annual Mowing and Herbicide Contract Parks & Recreation Director recommended approval of the renewal of Bid 44-2000 Annual Mowing and Herbicide Contract to the lowest and best bidder meeting specifications, VMC Landscaping. Motion by Council Member Wilbanks, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: 11 03/23/04 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart Item 20. Consideration of Minutes City Secretary recommended approval of the minutes of the February 17, 2004 City Council meetings as published. Motion by Council Member Wilbanks, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart ITEM 21. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU04-01 SPEEDWAY GRAPEVINE Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU04-01 filed by Speedway Grapevine granting a conditional use permit for a car wash and lube/oil change facility on property located at 3501 Grapevine Mills Boulevard North. The property is zoned "CC" Community Commercial District Regulations. Mayor Pro Tem Ware, seconded by Council Member Spencer, 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, Wilbanks, Johnson & Freed Nays: None Absent: Stewart �'� • 11• 1 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 CU04-01 TO ALLOW A CAR WASH AND A LUBE/OIL CHANGE FACILITY 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; 12 03/23/04 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 22. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1, BLOCK 1, SPEEDWAY GRAPEVINE ADDITION 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, Speedway Grapevine Addition. The 1.123 acre property is located on Grapevine Mills Boulevard North and is being platted for development of a car wash and lube/oil change facility. 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, Speedway Grapevine Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart ITEM 23. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU04-06 GRAPEVINE KAWASAKI Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU04-06 filed by Grapevine Kawasaki granting a conditional use permit for a motorcycle dealership on property located at 721 West State Highway 114. The property is zoned "CC" Community Commercial District Regulations. Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation and approve the ordinance granting a conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart 13 03/23/04 ORDINANCE NO. 2004-21 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 CU04-06 FOR A MOTORCYCLE DEALERSHIP 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 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 24. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 2, BLOCK 1 CINEMARK ADDITION 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, Cinemark Addition. The 1.380 acre property is located north of Cinemark Tinseltown along State Highway 114 and is being platted for development of a motorcycle dealership. 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 final plat of Lot 2, Block 1, Cinemark addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart 14 03/23/04 ITEM 25. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU04-08 BACK PORCH GRILL AND TAVERN Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU04-08 filed by Back Porch Grill and Tavern granting a conditional use permit for a restaurant with the possession, storage, retail sale and on - premise consumption of alcoholic beverages (beer, wine and mixed beverages) on property located at 210 North Main Street. Council Member Stewart, 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, Wilbanks, Johnson & Freed Nays: None Absent: Stewart ORDINANCE NO. 2004-22 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 CU04-08 FOR A RESTAURANT WITH THE POSSESSION, STORAGE, RETAIL SALE, AND ON -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE, AND MIXED BEVERAGES) 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 03/23/04 ITEM 26. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU04-09 GAYLORD TEXAN RESORT AND CONVENTION CENTER ON LAKE GRAPEVINE Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU04-09 filed by Gaylord Texan Resort and Convention Center on Lake Grapevine granting a conditional use permit to amend the site plan approved by Ordinance No. 2003-65 relative to signage for the hotel and convention center located at 1501 Gaylord Trail. Council Member Johnson, seconded by Council Member Freed, 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, Wilbanks, Johnson & Freed Nays: None Absent: Stewart ORDINANCE NO. 2004-23 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 CU04-09 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2003-65 FOR A PLANNED COMMERCIAL CENTER WITH A HOTEL AND CONVENTION CENTER FOR SIGNAGE 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 16 03/23/04 ITEM 27. PLANNING & ZONING COMMISSION RECOMMENDATION SPECIAL USE APPLICATION SU04-01 GAYLORD TEXAN RESORT AND CONVENTION CENTER Chairman Oliver reported the Planning & Zoning Commission voted 6-1 for approval of Special Use Application SU04-01 filed by Gaylord Texan Resort and Convention Center on Lake Grapevine granting a special use permit for paid parking areas on the hotel site and convention center site located at 1501 Gaylord Trail. Council Member Freed, seconded by Mayor Pro Tem Ware, 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: Tate, Ware, Wilbanks, Johnson & Freed Nays: Spencer Absent: Stewart ORDINANCE NO. 2004-24 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 SU04-01 FOR PAID PARKING AREAS IN CONJUNCTION WITH THE GAYLORD TEXAN RESORT AND CONVENTION CENTER ON LAKE GRAPEVINE 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 17 03/23/04 ITEM 28. PLANNING & ZONING COMMISSION RECOMMENDATION AMEND GRAPEVINE CODE OF ORDINANCES APPENDIX D COMPREHENSIVE ZONING ORDINANCE NO. 82-73 AS AMENDED SECTION 28 "CBD" CENTRAL BUSINESS DISTRICT Chairman Oliver reported the Planning & Zoning Commission voted 6-1 for approval of the amendments to the Grapevine Code of Ordinances, Appendix D, the Comprehensive Zoning Ordinance No. 82-73, as amended, Section 28 "CBD" Central Business District relative to outside display of merchandise. Council Member Johnson, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation and approve the ordinance. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart 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 28, "CBD" CENTRAL BUSINESS DISTRICT; 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 29. PLANNING & ZONING COMMISSION RECOMMENDATION CORRECTED MOTION FOR APPROVAL FINAL PLAT LOTS 1-7 BLOCK 1; LOT 1 BLOCK 2• AND LOT 1 BLOCK 3, GRAPEVINE STATION ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 6-0-1 for approval of the corrected motion for approval for the Statement of Findings and the final plat of Lots 1-7, Block 1; Lot 1, Block 2; and Lot 1, Block 3, Grapevine Station Addition. The 23.20 acre property located west of BS114L between Wall Street and the railroad and is being platted for the development of business park. 03/23/04 Council Member Freed, seconded by Mayor Pro Tern Ware, offered a motion to accept the Commission's recommendation and approve the corrected motion for approval for the Statement of Findings and the final plat of Lots 1-7, Block 1; Lot 1, Block 2; and Lot 1, Block 3, Grapevine Station Addition The motion prevailed by the following vote. - Ayes: Tate, Ware, Wilbanks, Johnson & Freed Nays: None Abstain: Spencer Absent: Stewart W Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to adjourn the meeting at 9:20 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of April, 2004. ATTEST: Linda Huff City Secretary 19 FAV*10J_J_R:1 William D. Tate Mayor April 21, 2004 Mr. Gary Hazelwood Westwood Group 611 South Main Street Grapevine, TX 76051 Re: Letter of Agreement — Tract 1- 021 BS 114 L @ E. Northwest Highway Exhibit A Dear Mr. Hazelwood: This letter will serve as a Letter of Agreement between the City of Grapevine and the Westwood Group outlining the commitments of each party relating to the referenced tract. The Westwood Group agrees to the following as a prerequisite of development of referenced tract. • The Proposed Development shall be acceptable to the City Council • Development of subject tract shall be pursued by the Westwood Group in a prompt and expeditious manner once City permits have been issued and construction has begun. • A site plan reflecting planned development for the entire holdings of developer west of BS 114 L between E. Wall Street and E. Northwest Highway shall be submitted with the initial development proposal. • A downstream drainage system shall be designed and constructed from the subject tract east to the low point of SH 26 approximately 1,250 feet east of BS 114 L in accordance with State and City design requirements. • No driveway access shall be allowed from subject tract to BS 114 L or to E. Northwest Highway O:\stan\devlpmnt\Hazelwood Letter Agreement 4-21-04 Tract 1-02, and any_ other parcel to be conveyed by the City to developer, shall be developed in a manner consistent with the entire holdings of developer west of BS 114 L between E. Wall Street and E. Northwest Highway through a planned development. The parcels conveyed by the City shall not be re -platted or re -conveyed separate and apart from the remainder of developer's parcels except as part of a comprehensive planned development. The City of Grapevine agrees to take the following steps: • Abandon and vacate the triangular tract in the southwest corner of BS 114 L and E. Northwest Highway Tract 1- 02; Exhibit A • Abandon and vacate the existing two lane roadway along the southwest boundary of Tract 1- 02, connecting E. Northwest Highway with E. Wall Street. • Execute a Special Warranty Deed in favor of the Westwood Group for subject Tract 1 — 02. Agreed To & Accepted Roger Nelson City Manager Date O:\stan\devlpmnt\Hazelwood Letter Agreement 4-21-04 Gary Hazelwood Date Westwood Group