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HomeMy WebLinkAboutItem 04 - Minutes2 - ITEM : 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 Special Joint Session (Executive Session) on this the 17th day of December, 2002 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 Planning & Zoning Commission: Larry Oliver Chairman Herbert Fry Vice Chairman Chris Coy Member Kevin Busbee Member Danette Murray Member Betty Nicholson Member Rob Undersander Member Michael Crapp Alternate Becky St. John Alternate constituting a quorum, with the following members of the City Staff: Roger Nelson City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Melisa Leal Assistant to the City Manager Jennifer Hibbs Assistant to the City Manager CALL TO ORDER Mayor Tate called the meeting to order at 7:00 p.m. ITEM 1. EXECUTIVE SESSION — JOINT WITH THE PLANNING & ZONING COMMISSION Mayor Tate announced the City Council and the Planning & Zoning Commission would conduct a closed session regarding: 12/17/02 Irl (A) discuss legal issues with the City Attorney on matters that the attorney is required by the Code of Professional Responsibility to provide on a confidential basis pursuant to Section 551.071(2), Texas Government Code. RECESS AND RECONVENE Mayor Tate announced the Planning & Zoning Commission would reconvene in the Planning & Zoning Conference Room to consider published business. ITEM 1A. EXECUTIVE SESSION — CITY COUNCIL Mayor Tate announced the City Council would conduct a closed session regarding: (A) conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate and expand in the City; with which businesses the City is conducting economic development negotiations under Section 551.087, Texas Government Code. Upon reconvening in open session in the Council Chambers, Mayor Tate asked if there was any action necessary relative to the closed sessions. City Manager Roger Nelson stated there was no action necessary relative to the closed session under Sections 551.071(2) and 551.087, Texas Government Code. NOTE: City Council and Planning & Zoning Commission continued with the Regular City Council meeting in open session in the Council Chambers. ADJOURNMENT Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 8:50 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 7th day of January, 2003. William D. Tate Mayor 2 12/17/02 ATTEST: Linda Huff City Secretary STATE OF TEXAS a: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 17th day of December, 2002 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 Tem 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 Kevin Busbee Member Danette Murray Member Betty Nicholson Member Rob Undersander Member Michael Crapp Alternate Becky St. John Alternate constituting a quorum, with the following members of the City Staff: Roger Nelson City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Melisa Leal Assistant to the City Manager Jennifer Hibbs Assistant to the City Manager Mayor Tate called the meeting to order at 7:50 p.m. INVOCATION Commissioner Oliver delivered the Invocation. 12/17/02 ITEM 1. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU02-47 AUTUMN LEAVES FINAL PLAT LOTS 1R1, 1R2 AND 1R3, BLOCK 1, SOUTHWEST GRAPEVINE COMMERCIAL PARK Mayor Tate declared the public hearing open. Planner Ron Stombaugh reported Autumn Leaves had filed applications for Conditional Use Application CU02-47 and the final plat of Lots 1 R1, 1 R2 and 1 R3, Block 1, Southwest Grapevine Commercial Park being a replat of Lot 1R, Block 1, Southwest Grapevine Commercial Park. The conditional use application requests a conditional use permit for the development of a personal care facility. The subject property is located at the southwest corner of Mustang Drive and Southwest Grapevine Parkway and is zoned "CC" Community Commercial District Regulations. The item was tabled at the November 19, 2002 meeting for the applicant to address the Council's concerns relative to sound attenuation. Mr. Stombaugh reported the applicant has requested to table the item to the January 21, 2003 meeting in order to reach an agreement with Dallas/Fort Worth International Airport. Commissioner Coy, seconded by Commissioner Murray, offered a motion to table the public hearing to the January 21, 2003 meeting. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Busbee, Murray, Nicholson & Undersander Nays: None Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to table the public hearing to the January 21, 2003. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 2. PUBLIC HEARING, SPECIAL USE APPLICATION SU02-05 FELLOWSHIP CHURCH Planner Stombaugh reported Special Use Application SU02-05 had been filed by Fellowship Church requesting a special use permit to amend the site plan approved by Ordinance No. 2002-39 to extend the four year limit on the existing modular preschool buildings for an additional period of six years. The subject property is located at 2450 State Highway 121 North and is zoned "CC" Community Commercial District Regulations. The applicant requested the item be tabled at the November 19, 2002 meeting to allow time to respond to the Council's comments relative to the need for the status change of the existing modular buildings and the need for the additional 11,000 square feet of modular structures. The church modified its original request and is now requesting an extension of six years for the existing modular preschool buildings and eliminating the request for an K 12/17/02 additional 11,000 square feet of modular classroom space. Mr. Matt Anthony requested favorable consideration of the application. He addressed the church's growth over the last four years from 5,000 in attendance each weekend to 15,000 each weekend, a growth rate of 350%. Mr. Anthony requested an extension of six years on the existing 26,000 square feet of modular preschool buildings and outlined the church's development plan for the next six years: two years to monitor growth, two years to raise capital funds and to finalize the design and construction plans, and two years to build the new buildings. He stated that all of the modular buildings meet all of the City's building codes. 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. City Secretary Huff reported that church members had submitted 4,100 letters supporting the application and that no letters had been received from property owners within 200 feet. Commissioner Busbee, seconded by Commissioner Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Busbee, Murray, Nicholson & Undersander Nays: None Council Member Freed, seconded by Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Abstain: Spencer ITEM 3. PUBLIC HEARING ZONING APPLICATION Z02-07 9.5 POOL ROAD PARTNERS, L.P. Mayor Tate declared the public hearing open. Planner Stombaugh reported Zoning Application Z02-07 had been filed by 9.5 Pool Road Partners, L.P. requesting rezoning of 0.72 acres from "HC" Highway Commercial District and 5.10 acres from "PO" Professional Office District to "CN" Neighborhood Commercial District. The subject property is located at 2300 Pool Road. At the November 19, 2002 meeting, the applicant requested the item to be tabled to the December 17, 2002 meeting to allow time for the applicant to address the concerns of nearby property owners relative to future development on the subject site. Mr. Charles Hodges requested favorable consideration of the application 3 12117/02 Council questioned whether the applicant would be willing to make the site plan a part of the zoning case. Mr. Hodges responded that the applicant would need some flexibility in the development. Mayor Tate invited guests present to comment regarding the application. Mr. Larry Watkins, 3066 Old Mill Run, expressed his opposition to the zoning application due to the affect on the neighborhood. He requested that if the application were approved, that the City consider the installation of a traffic light on Pool Road for access to the school across the street. Mr. William Armendariz, 3340 Lexington, expressed his support of the zoning application. 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, Busbee, Murray, Nicholson & Undersander Nays: None Council Member Stewart, 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, Stewart & Freed Nays: None ITEM 4. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU02-52 SEWELL CADILLAC/SAAB Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU02-52 had been filed by Sewell Cadillac/Saab requesting a conditional use permit for an automotive dealership with sales and service of new and used vehicles and one 20 -foot and one 26 -foot pole sign. The subject property is located at 1001 East State Highway 114 and is zoned "PCD" Planned Commerce Development District. Mr. Stombaugh advised there will be two access points off Minters Chapel Road and one from State Highway 114 Service Road, an eight -foot ornamental fence will enclose the storage area located to the north of the building and bollards will be placed around the perimeter of the site for security. Mr. William Cothrum requested favorable consideration of the application. Questions from the City Council and the Planning & Zoning Commission related to the removal of the billboards on the subject property. Mr. Cothrum advised the billboards would be removed when Sewell Cadillac is in operation. E! 12/17/02 Mayor Tate invited guests present to comment regarding the application. No one wished to speak. City Secretary Huff reported the Council and Commission were copied the two letters of support for the zoning application. Commissioner Busbee, seconded by Commissioner Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Busbee, Murray, Nicholson & Undersander Nays: None Council Member Spencer, seconded by Mayor Pro Tem 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 ITEM 5. PUBLIC HEARING CONDITIONAL USE APPLICATION CU02-55 CITY OF GRAPEVINE/SENIOR CITIZEN CENTER Mayor Tate declared the public hearing open. Planner Stambaugh reported Conditional Use Application CU02-55 had been filed by the City of Grapevine requesting a conditional use permit for a six-foot ground sign with 50% changeable copy at the Senior Activities Center. The subject property is located at 421 Church Street and is zoned "GU" Governmental Use District. Parks & Recreation Director Doug Evans 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. Commissioner Murray, seconded by Commissioner Nicholson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Busbee, Murray, Nicholson & Undersander Nays: None 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, Stewart & Freed Nays: None 61 12/17/02 ITEM 6. PUBLIC HEARING, AMENDMENTS GRAPEVINE CODE OF ORDINANCES, APPENDIX D, COMPREHENSIVE ZONING ORDINANCE NO. 82-73, AS AMENDED, SECTION 20 "R-TH" TOWNHOUSE DISTRICT REGULATIONS AND SECTION 27 "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS 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 20 "R-TH" Townhouse District Regulations relative to buffering requirements adjacent to single family districts and Section 27 "PO" Professional Office District Regulations to establish regulations for Planned Office Centers. 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 Murray, seconded by Commissioner Nicholson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Busbee, Murray, Nicholson & Undersander 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 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 7. ORDINANCE, AMEND CHAPTER 16 MUNICIPAL GOLF COURSE FEES Administrative Services Director Bill Gaither requested approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 16 relative to Grapevine Municipal Golf Course Fees. The proposed amendment will expand service for golfers at Grapevine Municipal Golf Course. The new level of service will be called "Gold Service Card" and the N. 12/17/02 annual fee will be $50.00. The Golf Course Advisory Board recommended approval as this added service will encourage increased volume of play and participation at the golf course. Council Member Johnson commended the Staff for their commitment to generating more play at the golf course. Council Member Johnson, seconded by Council Member Stewart, offered a motion to adopt the ordinance as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2002-95 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE CODE OF ORDINANCES CHAPTER 16 PARKS AND RECREATION, SECTION 16-32(a) RELATIVE TO GRAPEVINE MUNICIPAL GOLF COURSE FEES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) 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 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. Change Order No. 2 Creek 23/17 Construction Contract Public Works Director recommended approval of Change Order No. 2 to the Creek 23/17 Construction Contract for various items required during the construction of the Creek 23/17 project in the amount of $178,373.94 and authorization for Staff to execute said change order. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None 7 12/17/02 Item 9. Ratify Lease Agreement with Verizon Public Works Director recommended approval of the ratification of Staffs execution of a lease agreement with Verizon for the continued use of the Verizon Building located at 402 Barton Street for a six-month period of January 2003 through June 2003 at a monthly rental rate of $2,000.00. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 10. Resolution, Juvenile Accountability Incentive Block Grant Police Chief recommended approval of a resolution authorizing the designation of the Tarrant County Juvenile Services as the recipient of funds allocated from the Juvenile Accountability Incentive Block Grant. Council Member Wilbanks requested that Grapevine's representative on the Board of Directors, Captain Sue Hanley, report to the Council regarding the expenditure of the grant funds. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2002-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DESIGNATING TARRANT COUNTY JUVENILE SERVICES AS THE RECIPIENT OF FUNDS ALLOCATED FROM THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT; APPOINTING A MEMBER TO THE TARRANT COUNTY/FORT WORTH JUVENILE CRIME ENFORCEMENT COALITION AND PROVIDING AN EFFECTIVE DATE Item 11. Award Contract, Insurance Services Office, Mike Pietsch Consultant Services, Incorporated Fire Chief Anderson recommended approval of the award of a contract in an amount not to exceed $16,500.00 to Mike Pietsch Consultant Services, Incorporated for preparation of the report to the State Board of Insurance to establish the Insurance Services Office number for insurance premiums. 0 12/17102 Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 12. Award Contract, Oak Grove Trail Engineering Design Services, Halff & Associates, Inc. Parks & Recreation Director recommended approval of the award of an engineering design services contract for the Oak Grove Trail to Halff & Associates, Inc. in the amount of $210,000.00 Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 13. Consideration of the Minutes City Secretary recommended approval of the minutes of the December 3, 2002 City Council meetings as published. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RECESS AND RECONVENE Mayor Tate announced the City Council would take a brief recess. Upon reconvening in the Council Chambers, all members of the City Council were present. ITEM 14. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU02-47 AUTUMN LEAVES This item was tabled during the public hearing to January 21, 2003. There was no action taken. ITEM 15. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1R1, 1R2 AND 1R3, BLOCK 1 SOUTHWEST GRAPEVINE COMMERCIAL PARK Q6 12/17/02 This item was tabled during the public hearing to January 21, 2003. There was no action taken. ITEM 16. PLANNING & ZONING COMMISSION RECOMMENDATION SPECIAL USE APPLICATION SU02-05 FELLOWSHIP CHURCH Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval with the stipulation that their submittal letter be incorporated into the ordinance. Approval of Special Use Application SU02-05 filed by Fellowship Church grants a special use permit to amend the site plan approved by Ordinance No. 2002-39 to extend the four year limit on the existing modular preschool buildings for an additional period of six years on property located at 2450 State Highway 121 North. Council Member Freed, 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: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Abstain: Spencer ORDINANCE NO. 2002-96 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 SU02-05 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NUMBER 2002-39 TO EXTEND THE FOUR YEAR TIME LIMIT ON THE EXISTING MODULAR PRESCHOOL BUILDINGS FOR AN ADDITIONAL PERIOD OF SIX YEARS 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 SPECIAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND 10 12117/02 A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED 1 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 Z02-07 9.5 POOL ROAD PARTNERS Chairman Oliver reported the Planning & Zoning Commission voted 6-1 for approval of Zoning Application Z02-07 filed by 9.5 Pool Road Partners, L.P. rezoning 0.72 acres from "HC" Highway Commercial District and 5.10 acres from "PO" Professional Office District to "CN" Neighborhood Commercial District. The subject property is located at 2300 Pool Road. Council Member Johnson, seconded by Council Member Wilbanks, offered a motion to accept the Commission's recommendation and approve the ordinance granting the rezoning. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wllbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2002-97 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 Z02-07 ON A TRACT OF LAND OUT OF THE J. N. GIBSON SURVEY, ABSTRACT NO. 591, 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 "HC" HIGHWAY COMMERCIAL DISTRICT AND "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS TO "CN" NEIGHBORHOOD 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 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 i DEEMED COMMITTED EACH DAY DURING OR ON WHICH 11 12/17/02 AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 18. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU02-52 SEWELL CADILLAC/SAAB Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU02-52 filed by Sewell Cadillac/Saab granting a conditional use permit for an automotive dealership with sales and service of new and used vehicles and one 20 foot and one 26 foot pole sign on property located at 1001 East State Highway 114. 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 permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2002-98 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 CU02-52 TO ALLOW AN AUTOMOTIVE DEALERSHIP WITH SALES AND SERVICE OF NEW AND USED VEHICLES AND TWO POLE SIGNS 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 12 12/17/02 t ITEM 19. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 2, BLOCK 1 WALLCON 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, Wallcon Addition. The 15.404 acre property is being platted for development of a car dealership. Council Member Wilbanks, 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, Wallcon Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 20. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU02-55 CITY OF GRAPEVINE/SENIOR ACTIVITIES CENTER Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU02-55 filed by City of Grapevine granting a conditional use permit for a six foot ground sign at the Senior Activities Center located at 421 Church Street. Council Member Spencer, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2002-99 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 CU02-55 TO ALLOW A GROUND SIGN WITH CHANGEABLE COPY IN EXCESS OF 30 PERCENT AND A REDUCED SETBACK 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 13 12/17/02 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 21. PLANNING & ZONING COMMISSION RECOMMENDATION AMENDMENTS APPENDIX D SECTION 20 "R-TH" TOWNHOUSE DISTRICT REGULATIONS AND SECTION 27 "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the amendments to the Grapevine Code of Ordinances, Appendix D, the Comprehensive Zoning Ordinance, No. 82-73, as amended, Section 20 "R-TH" Townhouse District Regulations relative to buffering requirements and Section 27 "PO" Professional Office District Regulations to establish regulations for Planned Office Centers. Council Member Stewart, 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, Stewart & Freed Nays: None ORDINANCE NO. 2002-100 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE, 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 20 "R-TH" TOWNHOUSE DISTRICT REGULATIONS AND SECTION 27 "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS; 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 im 12/17/02 CONTINUES; PROVIDING A SEVERABILITY CLAUSE; I elDECLARING AN EMERGENCY AND PROVIDING AN I ) EFFECTIVE DATE ADJOURNMENT Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 8:50 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 7th day of January, 2003. ATTEST: Linda Huff City Secretary 15 William D. Tate Mayor