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HomeMy WebLinkAboutItem 28 - MinutesSTATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Special Session (Executive Session) on this the 18th day of December, 2001 at 7:00 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street with the following members present to -wit: William D. Tate Ted R. Ware Sharron Spencer C. Shane Wilbanks Clydene Johnson Roy Stewart Darlene Freed Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Council Member constituting a quorum, with the following members of the City Staff: Roger Nelson Bruno Rumbelow Matthew Boyle Linda Huff Melisa Leal Jennifer Hibbs CALL TO ORDER City Manager Assistant City Manager Assistant City Attorney City Secretary Assistant to the City Manager Assistant to the City Manager Mayor Tate called the meeting to order at 7:00 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding (A) pending or contemplated litigation relative to the proposed off-street parking ordinance, (B) real property relative to property acquisition for park land and (C) 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 Sections 551.071, 551.072 and 551.086, Texas Government Code. Upon reconvening in open session in the Council Chambers, Mayor Tate asked if there was any action necessary relative to the closed session. City Manager Roger Nelson stated there was no action necessary relative to (A) pending or contemplated litigation relative to the proposed off-street parking ordinance, (B) real property relative to property acquisition for park land and (C) conference with City Manager and Staff to discuss and 12/18/01 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 Sections 551.071, 551.072 and 551.086, Texas Government Code. NOTE: City Council continued with the Regular City Council meeting in open session in the Council Chambers. ADJOURNMENT Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 8:48 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 15th day of January, 2002. ATTEST: Linda Huff City Secretary 2 William D. Tate Mayor STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council and the Planning & Zoning Commission of the City of Grapevine, Texas met in Regular Joint Session on this the 18th day of December, 2001 at 7:30 p.m. in the City Council Chambers, Second Floor, 200 South Main Street, with the following members of the City Council present to -wit: William D. Tate Ted R. Ware Sharron Spencer C. Shane Wilbanks Clydene Johnson Roy Stewart Darlene Freed Mayor Mayor Pro Tern Council Member Council Member Council Member Council Member Council Member constituting a quorum, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Herbert Fry Vice Chairman Chris Coy Member Kevin Busbee Member Danette Murray Member Betty Nicholson Member Rob Undersander Member Bill Bimmerman, Jr. Alternate Michael Crapp Alternate constituting a quorum, with the following members of the City Staff: Roger Nelson Bruno Rumbelow Matthew Boyle Linda Huff Melisa Leal Jennifer Hibbs CALL TO ORDER City Manager Assistant City Manager Assistant City Attorney City Secretary Assistant to the City Manager Assistant to the City Manager Mayor Pro Tern Ware called the meeting to order at 7:46 p.m. INVOCATION Commissioner Undersander delivered the Invocation. 12/18/01 4) ITEM 1. PRESENTATION, TEXAS DOWNTOWN ASSOCIATION AWARD Ms. Elizabeth Simpson, President of the Texas Downtown Association, presented "The Best Rehabilitation Project" award to Mayor Tate and the City Council; the Grapevine Heritage Foundation Board and the Palace Arts Center Committee. Development Services Director H. T. Hardy, on behalf of the Mayor and City Council, presented a replica of the award to Palace Restoration Chairman Jerry Pittman commending him for his dedication and commitment to the restoration project. ITEM 2. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU01-60 CARSON - SALE DO-MCWI LLIAM S, INC. Mayor Tate turned the meeting over to Mayor Pro Tern Ware. Mayor Pro Tern Ware declared the public hearing open. Planner Ron Stombaugh reported Conditional Use Application CU01-60 had been filed by Carson-Saledo-McWilliams, Inc. requesting a conditional use permit for a 348 unit apartment complex with reduced building separation and increased building height. This is the third and final phase of the multi -family project that will provide a total of 1,220 apartment units near the Grapevine Mills Mail. The subject property is located at 3601 Grapevine Mills Parkway and is zoned "R -MF -2" Multifamily District Regulations. Mr. Jerry Stone 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 Nicholson, 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 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 3. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU01-63 CORTE ENTERPRISE, INC. 2 12/18/01 Mayor Pro Tern Ware declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU01-63 filed by Cort6 Enterprise, Inc. requested the item be tabled to the January 15, 2002 meeting in order to consider relocation of the proposed restaurant within Grapevine Mills Mall proper. The application requested a conditional use permit for an amendment to the site plan approved by Ordinance No. 2001-56 for the development of a restaurant with dancing and the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages). The subject property is located at 3000 Grapevine Mills Parkway, Suite 117, and is zoned "CC" Community Commercial District Regulations with a planned commercial center in excess of 1,000,000 square feet of gross leasable space. Commissioner Coy, seconded by Commissioner Busbee, offered a motion to table the public hearing to the January 15, 2002 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 Freed, offered a motion to table the public hearing to the January 15, 2002. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 4. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU01-65 THE VENUE Mayor Pro Tern Ware declared the public hearing open. Planner Stombaugh reported Conditional Use Application CUO 1 -65 had been filed by The Venue requesting a conditional use permit for the possession, storage, retail sale and on - premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant located at 814 South Main Street. The property is zoned "CBD" Central Business District and will have a restaurant with a small banquet area for catered events with outside dining. The City parking lot on Dallas Road across from the Police and Courts Building will be utilized for any excess parking that cannot be provided on site. Mr. Brian Coggins requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. 3 12/18/01 Mayor Pro Tern Ware invited guests present to comment regarding the application. No one wished to speak. City Secretary Huff reported the Council and Commission were copied the one letter of support for the application. Commissioner Coy, seconded by Commissioner Undersander, 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 Spencer, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 5. PUBLIC HEARING, SPECIAL USE APPLICATION SU01-08 ZONE SYSTEMS, INC. Mayor Pro Tern Ware declared the public hearing open. Planner Stombaugh reported Special Use Application SU01-08 had been filed by Zone Systems, Inc. requesting a special use permit for the installation of a 75 foot monopole communications tower with an 11'6" x 20' x 10'6" high equipment shelter building. The subject property is located at 525 Industrial Boulevard and is zoned "Ll" Light Industrial District. An eight foot high chain link fence is proposed around the entire 600 square foot lease site for screening and security. Mr. Peter Kavanagh requested favorable consideration of the application. The City Council and the Planning & Zoning Commission questioned if the applicant had researched other sites for collocation on existing towers. Mr. Kavanagh stated the requested location was needed to provide adequate coverage for the City. Mayor Pro Tern Ware invited guests present to comment regarding the application. No one wished to speak and City Secretary Huff reported the Council and Commission had been copied the one letter protesting the application. Note: Mayor Tate left the meeting. Commissioner Busbee, seconded by Commissioner Undersander, 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 El 12/18/01 Council Member Wilbanks, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate ITEM 6. PUBLIC HEARING, AMENDMENTS APPENDIX D, SECTION 12 DEFINITIONS SECTION 49 SPECIAL USE PERMITS; AND SECTION 56 OFF-STREET PARKING REQUIREMENTS Mayor Pro Tern Ware declared the public hearing open. Planner Stombaugh reviewed the proposed amendments to the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance No. 82-73, as amended, Section 12 Definitions; Section 49 Special Use Permits and Section 56 Off -Street Parking Requirements relative to paid off-street parking. He advised that the City's zoning ordinance has no provisions regarding landowners or tenants that elect to charge patrons to park in their off-street parking lots. Mr. Stombaugh reviewed the recommended amendments to Section 12 Definitions to broaden the definition "Off -Street Parking" and incorporate 'paid parking'; Section 49 Special Use Permits amendments create a mechanism for regulating the implementation of paid off-street parking lots with an exception provided for valet parking services; and Section 56 Off -Street Parking Requirements includes the paid off-street parking requirements. Note: Mayor Tate returned to the meeting. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Pro Tern Ware invited guests present to comment regarding the application. City Secretary Huff reported the Council and Commission had been copied the five letters supporting the proposed amendments. Mr. Jerry Pittman, 346 Pebblebrook, expressed his opposition to paid parking lots in the City stating they were not market friendly. Commissioner Coy, seconded by Commissioner Busbee, 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 Council Member Johnson, offered a motion to close the public hearing. The motion prevailed by the following vote: 9 12/18/01 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None 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 remained in session in the Council Chambers to consider published business. ITEM 7. ORDINANCE, AMEND CHAPTER 25 UTILITIES AND SERVICES IMPACT FEES Administrative Services Director William Gaither recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 25 Utilities and Services regarding payment of impact fees relative to the interest rate that the City is allowed to charge individuals who choose the time payment option for paying impact fees. The proposed ordinance sets the rate at 10% as allowed by law and is consistent with other code sections which specify interest rates to be charged. Motion by Council Member Freed, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2001-94 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 25 UTILITIES AND SERVICES, ARTICLE II WATER AND SEWERS, SECTION 25-25, RELATIVE TO PAYMENT OF IMPACT FEES; PROVIDING A SEVERABILITY CLAUSE; 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 Pro Tem 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. N 12/18/01 Item 8 Professional Service Agreement IT Nexus Inc. Phase 3 Geographic Information System Staff recommended approval of a professional service agreement with IT Nexus, Inc. in the amount of $111,855.00 for the development and implementation of Phase 3 of the City's Geographic Information System. 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, Stewart & Freed Nays: None Item 9 Ordinances Correct Typographical Errors Ordinance No. 99-163 and Ordinance No. 2001-48 City Secretary recommended approval of two ordinances correcting typographical errors in Ordinance No. 99-163 relative to Grapevine Mills Mall and Ordinance No. 2001-48 relative to Baylor Medical Center at 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, Stewart & Freed Nays: None ORDINANCE NO. 2001-95 AN ORDINANCE OF THE CITY COUNCIL OF GRAPEVINE, TEXAS AMENDING ORDINANCE NO. 99-163 THAT APPROVED CONDITIONAL USE PERMIT CU99-60 RELATIVE TO THE GRAPEVINE MILLS MALL TO CORRECT A TYPOGRAPHICAL ERROR, REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH SEPARATE OFFENSE 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 AN ORDINANCE OF THE CITY COUNCIL OF GRAPEVINE, TEXAS AMENDING ORDINANCE NO. 2001-48 THAT APPROVED CONDITIONAL USE PERMIT CU01-26 RELATIVE TO BAYLOR 7 12/18/01 MEDICAL CENTER AT GRAPEVINE TO CORRECT A TYPOGRAPHICAL ERROR, REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH SEPARATE OFFENSE 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 10. Award Bid 117-2001 Sale of 204 South Dooley Street Development Services Director recommended approval of the award of Bid 117-2001 Sale of 204 South Dooley Street (Deacon House) to Ms. Lyn L. Murphy in the total amount of $71,000.00. 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, Stewart & Freed Nays: None Item 11. Award Contract, Pickering Park Pavilion Installation Parks & Recreation Director recommended approval of the award of a contract for the Pickering Park Pavilion Installation to Randall and Blake, Inc. in the amount of $21,895.00. 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, Stewart & Freed Nays: None Item 12. Award Bid 116-2001 Police Patrol Motorc, cy les Police Chief recommended approval of the award of Bid 116-2001 Police Patrol Motorcycles to the lowest and best bidder meeting specifications, Red River Harley- Davidson, Inc. for the amount of $60,860.08 for four motorcycles. 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, Stewart & Freed Nays: None E:3 12/18/01 Item 13. Consideration of Minutes City Secretary recommended approval of the minutes of the December 4, 2001 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, Stewart & Freed Nays: None ITEM 14. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU01-60 CARSON-SALEDO- MCWILLIAMS INC. Vice Chairman Fry reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU01-60 filed by Carson-Saledo-McWilliams, Inc. granting a conditional use permit for a 348 unit apartment complex with reduced building separation and increased building height on property located at 3601 Grapevine Mills Parkway. Council Member Stewart, 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, Stewart & Freed Nays: None ORDINANCE NO. 2001-97 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU01-60 TO ESTABLISH A 348 -UNIT APARTMENT COMPLEX IN A DISTRICT ZONED "R -MF -2" MULTIFAMILY 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 0 12/18/01 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 15. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT LOT 1, BLOCK 1, BUTCH VAN HOPPER ADDITION Vice Chairman Fry reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the preliminary plat of Lot 1, Block 1, Butch Van Hopper Addition. The 19.759 acre site is located north of the intersection of Grapevine Mills Boulevard North and west of Grapevine Mills Parkway and is being platted for the development of a multi -family apartment complex. 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 preliminary plat of Lot 1, Block 1, Butch Van Hopper Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 16. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1, BLOCK 1, BUTCH VAN HOPPER ADDITION Vice Chairman Fry reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1, Block 1, Butch Van Hopper Addition. The 19.759 acre site is located north of the intersection of Grapevine Mills Boulevard North and west of Grapevine Mills Parkway and is being platted for the development of a multi- family apartment complex. Council Member Wilbanks, 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, Butch Van Hopper Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 17. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION UC0I-63 CORTE ENTERPRISE, INC. This item was tabled during the public hearing portion of the meeting. 10 12/18/01 ITEM 18. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU01-65 THE VENUE Vice Chairman Fry reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU01-65 filed by The Venue granting a conditional use permit for the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant located at 814 South Main Street. Council Member Stewart, 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. 2001-98 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 CU01-65 FOR THE POSSESSION, STORAGE, RETAIL SALE, AND ON - PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE, AND MIXED BEVERAGES) IN CONJUNCTION WITH A RESTAURANT IN A DISTRICT ZONED "CBD" CENTRAL BUSINESS 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 11 12/18/01 ITEM 19. PLANNING & ZONING COMMISSION RECOMMENDATION 4) SPECIAL USE APPLICATION SU01-08 ZONE SYSTEMS INC. Vice Chairman Fry reported the Planning & Zoning Commission voted 5-2 for denial of Special Use Application SU01-08 filed by Zone Systems, Inc. requesting a special use permit for the installation of a 75 foot monopole communications tower with an equipment building on property located at 525 Industrial Boulevard. Council Member Wilbanks offered a motion to accept the Commission's recommendation for denial of the application. Following discussion, Council Member Wilbanks amended his motion for denial without prejudice. Council Member Freed offered a second to the motion. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 20. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1 BLOCK 1 AMOS ADDITION Vice Chairman Fry reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1, Block 1, Amos Addition located on the west side of Killarney Street, a private street easement. The 0.227 acre property is being platted for the development of a single family residence. Council Member Stewart, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 1, Block 1, Amos Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 21. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1-32 AND TRACT A, BLOCK 1 � LOTS 1-35 BLOCK 2� AND LOTS 1-12 AND TRACT A BLOCK 3 LAKEVIEW ESTATES Vice Chairman Fry reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 1-32 and Tract A, Block 1; Lots 1-35, Block 2; and Lots 1-12 and Tract A, Block 3, Lakeview Estates. The 22.868 acre property is located north of Dove Road and east of Lonesome Dove and is being platted for the development of a single family residential subdivision consisting of 70 lots and 2 tracts. 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 Lots 1-32 and Tract A, Block 1; Lots 1-35, Block 2; and Lots 1-12 and Tract A, Block 3, Lakeview Estates. The motion prevailed by the following vote: 12 12/18/01 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 22. PLANNING & ZONING COMMISSION RECOMMENDATION AMEND APPENDIX D COMPREHENSIVE ZONING ORDINANCE NO. 82-73 SECTION 12 DEFINITIONS AND SECTION 49 SPECIAL USE PERMITS Vice Chairman reported the Planning & Zoning Commission voted 7-0 for approval of the amendments to the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance No. 82-73, as amended, Section 12 Definitions and Section 49 Special Use Permits relative to paid off-street parking. Council Member Stewart, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the ordinance amending the Code of Ordinances, Appendix D. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2001-99 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CODE OF ORDINANCES OF THE CITY, BY PROVIDING FOR AMENDMENTS AND CHANGES TO ZONING REGULATIONS BY AMENDING SECTION 12, DEFINITIONS; SECTION 49, SPECIAL USE PERMITS; AND SECTION 56 OFF-STREET PARKING REQUIREMENTS; 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; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ADJOURNMENT Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 8:48 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None 13 12/18/01 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 15th day of January, 2002. ATTEST: Linda Huff City Secretary IV, William D. Tate Mayor