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HomeMy WebLinkAboutItem 05 - Minutes ����� � ._....,..,�.�....A_�_ --- STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council and the Grapevine 4B Economic Development Corporation Board of the City of Grapevine, Texas met in Executive Session on this the 23rd day of June, 2008 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 Mayor/4B President Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member/4B Board Member C. Shane Wilbanks Council Member/4B Vice President , Darlene Freed Council Member/4B Board Member Mike Lease Council Member/4B Board Member Chris Reyher Board Member Martin Honeycutt Board Member constituting a quorum, with 4B Economic Development Corporation Board Member Matt Carnes absent, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager John F. Boyle, Jr. City Attorney Matthew Boyle Assistant City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the joint meeting to order at 7:03 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council and Grapevine 4B Economic Development Corporation Board would conduct a closed session regarding: (A) real property relative to property acquisition regarding the commuter rail pursuant to Section 551.072. The following was not discussed, Item (B) conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate and expand in the City; with which businesses the City is conducting economic development negotiations under Section 551.087, Texas Government Code. Upon reconvening in open session in the Council Chambers, Mayor Tate asked if there 06/23/08 was any action necessary relative to the closed session. City Manager Bruno Rumbelow stated there was no action necessary relative to (A) real property and (B) conference with City Manager under Sections 551.072 and 551.087, Texas Government Code. NOTE: City Council continued with the Regular City Council meeting in open session in the City Council Chambers. NOTE: Mayor Pro Tem Ted R. Ware did not run for re-election and Chris Coy was sworn in as Council Member, Place 5, during the Regular City Council meeting. ADJOURNMENT Council Member Wilbanks, seconded by Council Member Freed, offered a motion to adjourn the meeting at 8:55 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 1 st day of July, 2008. APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary 2 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 June, 2008 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 Mayor Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member C. Shane Wilbanks Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Herbert Fry Vice Chairman Danette Murray Member Betty "BJ" Wilson Member Mark Lowery Member Monica Hotelling Member Jim Fechter Alternate Gary Martin Alternate constituting a quorum,with Vice Chairman Herbert Fry absent,with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:35 p.m. INVOCATION Commissioner Wilson delivered the Invocation. 06/23/08 ITEM 1. CANVASS 2008 CITY OFFICER RUN-OFF ELECTION Mayor Tate conducted the canvass of the City Officer Run-Off Election heid on Saturday, June 14, 2008. City Secretary Linda Huff reported the City has a population of 49,635 and 27,614 registered voters with 1,418 voters (5.14%) casting votes for the following candidates: Council Place 5 Traci D. Wilkinson ................................ 610 ChrisCoy ............................................. 805 City Secretary Huff recommended approval of a resolution declaring Chris Coy elected to Council Place 5. Council Member Wilbanks, seconded by Council Member Lease, offered a motion to accept the results and adopt the resolution declaring the following official elected: Council Place 5 Chris Coy Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None RESOLUTION NO. 2008-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DECLARING THE RESULTS OF THE 2008 CITY OFFICER RUN-OFF ELECTION AND PROVIDING AN EFFECTIVE DATE ITEM 2. OATH OF OFFICE City Secretary Huff administered the Oath of Office to newly elected Council Member, Place 5, Chris Coy. ITEM 3. PRESENTATION, TED R. WARE PROCLAMATION Representative Vicki Truitt presented a proclamation from the Texas House of Representatives to retiring Mayor Pro Tem Ted R. Ware in recognition and honor of his dedication, service and commitment to the City of Grapevine. ITEM 4. PRESENTATION TED R. WARE PLAQUE Mayor Tate presented a plaque honoring retiring Mayor Pro Tem Ted R. Ware for his 39 years of service to Grapevine noting that he has served this community betterthan anyone in its history. Mayor Tate stated that Mayor Pro Tem Ware has left his touch on the community by his dedication and commitment to the service of its citizens. 2 06/23/08 ITEM 5. PUBLIC HEARING, ZONING APPLICATION Z07-08 CITY OF GRAPEVINE ,,,� Mayor Tate dedared the public hearing open. Planning & Development Manager Ron Stombaugh reported Zoning Application Z07-08 had been filed by the City of Grapevine requesting rezoning of City properties not currently zoned "GU" Governmental Use District. The subject properties are currently zoned "HC" Highway Commercial District, "CBD"Central Business District, "LI" Light Industrial District, and "R-7.5" Single Family District Regulations and are generally located south of Northwest Highway, east of Ball Street, west of Dooley Street, and north of State Highway 114. The properties are developed as parking lots, parks, train yard, water tower, retail/office buildings and the Grapevine Housing Authority. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. Ms. Marjorie White, 301 East Wall Street, questioned if the parking lot on Wall Street would remain available to the public. Mr. Stombaugh responded that there were no changes in the use of the parking lot. City Secretary Huff reported the Council and Commission had been copied the two letters of support and the two letters of opposition for the application. Commissioner Wilson, seconded by Commissioner Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Murray, Wilson, Lowery, Hotelling, Fechter & Martin Nays: None Absent: Fry Council Member Lease, seconded by Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Spencer, Wilbanks, Stewart, Lease & Coy Nays: None Abstain: Freed ITEM 6. PUBLIC HEARING ZONING APPLICATION Z08-01 AND FUTURE LAND USE MAP II MP08-01 CITY OF GRAPEVINE Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Zoning Application Z08-01 and MP08-01 for amendments to the Official City of Grapevine Future Land Use Map II had been filed by the City of Grapevine. The zoning application requests rezoning of 3 06/23/08 property west of North Main Street between Banyan Street to the south and West Peach Street to the north from "R-MF-1" Multifamily District Regulations and "CN" Neighborhood Commercial District Regulations to "R-5.0"Zero Lot Line District Regulations and to amend the City's Future Land Use Map II for the subject area from "LC" Light Commercial and "RH" Residential High Density to "RM" Residential Medium Density. The property has multiple owners. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. The following spoke in opposition to the rezoning due to the negative impact on property values: 1. Mr. Richard Pemberton, 1701 Dunn Street 2. Ms. Glenda Fischer, P.O. Box 1171, Grapevine 3. Ms. Joyce Rethmeier, 209 Peach Street 4. Mr. Matthew Fleeger, 401 North Main Street City Secretary Huff reported the Council and Commission had been copied the ten letters opposing the applications. City Secretary Huff reported there were 44.44% of the property owners within 200 feet in opposition of the zone change; therefore, it will require a 3/4 vote of the City Council for approval of the application. Commissioner Murray, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Murray, Wilson, Lowery, Hotelling, Fechter & Martin Nays: None Absent: Fry Council Member Stewart, seconded by Council Member Lease, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Spencer, Wilbanks, Stewart, Lease & Coy Nays: None Abstain: Freed ITEM 7. PUBLIC HEARING ZONING APPLICATION Z08-04 CITY OF GRAPEVINE Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Zoning Application Z08-04 had been filed by the City of Grapevine requesting rezoning of properties between East 4 06/23/08 Wall Street and East Wood Street from "R-MF-2" Multifamily District Regulations and "R- 5.0" Zero Lot Line District Regulations to `R-7.5" Single Family District Regulations to conform with the Future Land Use Map. The subject property has multiple owners. He stated the rezoning would match the current use of the properties. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. Mr. Cody Hammock, 224 Wood Street, expressed his support of the rezoning to preserve the area. City Secretary Huff reported the Council and Commission had been copied the two letters supporting the application. Commissioner Fechter, seconded by Commissioner Lowery, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Murray, Wilson, Lowery, Hotelling. Fechter & Martin Nays: None Absent: Fry Council Member Freed, seconded by Council Member Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Spencer, Wilbanks, Stewart, Freed, Lease & Coy Nays: None ITEM 8. PUBLIC HEARING, SPECIAL USE APPLICATION SU08-03 ZONE SYSTEMSNERIZON WIRELESS Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Special Use Application SU08-03 had been filed by Zone Systems/Verizon Wireless requesting a special use permit for the collocation of cellular antenna's and an equipment cabinet on the rooftop of the north tower penthouse area of property located at 1800 State Highway 26 East and zoned "HCO" Hotel and Corporate Office District. Ms. Lisa Campbell 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. ,,,,�� 5 06/23/08 Commissioner Martin, seconded by Commissioner Fechter, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Murray, Wilson, Lowery, Hotelling, Fechter & Martin 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, Spencer, Wilbanks, Stewart, Freed, Lease & Coy Nays: None ITEM 9. PUBLIC HEARING, AMEND GRAPEVINE CODE OF ORDINANCES APPENDIX D, COMPREHENSIVE ZONING ORDINANCE NO. 82-73 AS AMENDED, SECTOPM 12 DEFINITIONS, SECTION 23 "LB" LIMITED BUSI_NESS DISTRICT, SECTION 24 "CN" NEIGHBORHOOD COMMERCIAL_ DISTRICT REGULATIONS, SECTION 25 "CC" COMMUNITY COMMERCIAL DISTRICT REGUGLATIONS SECTION 26 "HC" HIGHWAY COMMERCIAL DISTRICT SECTION 27 "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS. SECTION 28"CBD" CENTRAL BUSINESS DISTRICT, SECTION 29 "HCO" HOTEL AND CORPORATE OFFICE DISTRICT AND SECTION 32 "BP" BUSINESS PARK DISTRICT Mayor Tate declared the public hearing open. Planning & Development Manager 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 23 "LB" Limited Business District, Section 24 "CN" Neighborhood Commercial District Regulations, Section 25 "CC" Community Commercial District Regulations, Section 26 "HC" Highway Commercial District, Section 27 "PO" Professional Office District Regulations, Section 28 "CBD" Central Business District, Section 29 "HCO" Hotel and Corporate Office District and Section 32 "BP" Business Park District relative to call centers. He recommended placing call centers in the conditional use section of the previously mentioned districts with the exception of the "CBD" Central Business District and that call centers be in the limitation of uses section in that district due to the parking demand of call 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 Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: 6 06/23/08 ��,:,.x� Ayes: Oliver, Murray, Wilson, Lowery, Hotelling, Fechter & Martin Nays: None Absent: Fry Council Member Spencer, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Spencer, Wilbanks, Stewart, Freed, Lease & Coy 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 10. ELECT MAYOR PRO TEM 2008-2009 Council Member Freed, seconded by Council Member Lease, offered a motion to appoint C. Share Wilbanks as the Mayor Pro Tem for 2008-2009. The motion prevailed by the , following vote: Ayes: Tate, Spencer, Stewart, Freed, Lease & Coy Nays: None Abstain: Wilbanks ITEM 10A. CITIZENS COMMENTS MR. BRUCE RIDER Mr. Bruce Rider, 325 West Worth Street, stated that due to the increase in traffic in the downtown area, pedestrian safety has become a concern. He requested that Staff research and consider a solution to ensure pedestrian safety when crossing streets in the downtown area. ITEM 11. AUTHORIZE CONTRACT WATER AND WASTEWATER COST OF SERVICE AND RATE DESIGN MODEL Public Works Director Matt Singleton recommended approval of a contract with J. Stowe and Company in the amount of $53,000.00 to develop a Water and Wastewater Cost of Service and Rate Design Model. The Cost of Service and Utility Rate Design model will allow Staff to more accurately assess the impact of development, more accurately determine the current cost of providing water and wastewater services to the residents and allow the City to predict whether current utility rates will be adequate to provide these °'"'�• services. 7 06/23/08 Motion by Council Member Spencer, seconded by Council Member Stewart,to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 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 12. Resolution, Authorize Communitv Development Block Grant Program (CDBG� Fiscal Years 2009-2011 Public Works Director recommended approval of a resolution authorizing the City's participation in Tarrant County's Community Development Block Grant Program (CDBG) for the three year program period, Fiscal Year 2009 through Fiscal Year 2011. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2008-21 A RESOLUTION REGARDING CITY OF GRAPEVINE PARTICIPATION IN TARRANT COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE THREE PROGRAM YEAR PERIOD, FISCAL YEAR 2009 THROUGH FISCAL YEAR 2011, AND PROVIDING AN EFFECTIVE DATE Item 13. Authorize First Amendment Amended and Restated Vehicular and Pedestrian Inqress-Eqress Parkinq and Access Easement Gaylord Texan Hotel and Convention Center at Lake Grapevine Public Works Director recommended approval of the First Amendment to the Amended and Restated Vehicular and Pedestrian Ingress—Egress Parking and Access Easement at the Gaylord Texan Hotel and Convention Center at Lake Grapevine. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: 8 06/23/08 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy ,�, Nays: None Item 14. Renewal, Alternate Municipai Court Judqe Contracts Assistant City Manager recommended approval of the renewal of the Alternate Municipal Court Judge contracts with Judge Brad Bradley as First Alternate and Judge Terry Leach as the second alternate. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 15. Adopt-A-Trail Aqreement, North Orthoqedics and Sports Medicine Parks & Recreation Advisory Board and Parks & Recreation Director recommended approval of an Adopt-A-Trail agreement with North Orthopedics and Sports Medicine for the section of the Cottonbelt Trail from Kimball Road to Mustang Drive. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: � Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy ' Nays: None Item 16. Authorize Purchase and Installation of 40' Traffic Pole Public Works Director recommended approval of the purchase and installation of a 40' traffic pole and mast arm from Durable Specialties in the amount of $17,500.00. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 17. Authorize One-Year Extension Conditional Use Permit CU07-12 Red's Patio and Grill Development Services Director recommended approval of a one-year extension to Conditional Use Permit CU07-12 for Red's Patio and Grill for 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 the operation of a restaurant with 9 06/23/08 outside dining on property located at 600 West State Highway 114 and zoned "HC" Highway Commercial District. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 18. Consideration of Minutes City Secretary recommended approval of the minutes of the June 3, 2008 City Council meetings as published. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RECESS AND RECONVENE Mayor Tate announced the City Council would take a brief recess. Upon reconvening in the City Council Chambers, all members of the City Council were present. ITEM 19. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z07-08 CITY OF GRAPEVINE Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Zoning Application Z07-08 filed by the City of Grapevine granting rezoning of City properties not currently zoned "GU" Governmental Use District. The subject properties are rezoned from "HC" Highway Commercial District, "CBD"Central Business District, "LI"Light Industrial District, and "R-7.5"Single Family District Regulations to"GU"Governmental Use District. The properties are generally located south of Northwest Highway, east of Ball Street, west of Dooley Street, and north of State Highway 114. Mayor Pro Tem Wilbanks, seconded by Council Member Coy, 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, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Abstain: Freed 10 06/23/08 ORDINANCE NO. 2008-29 �� 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 Z07-08 ON SEVERAL TRACTS OF LAND OUT OF THE A. F. LEONARD SURVEY, ABSTRACT 946, AND THE W. DOOLEY SURVEY, ABSTRACT NO. 422, DESCRIBED AS BEING TRACTS 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, "CBD" CENTRAL BUSINESS DISTRICT, "LI" LIGHT INDUSTRIAL DISTRICTAND"R-7.5"SINGLE FAMILY DISTRICT REGULATIONS TO "GU" GOVERNMENT USE DISTRICT; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 20. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z08-01 CITY OF GRAPEVINE Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approvai of Zoning Application Z08-01 filed by the City of Grapevine granting rezoning of property west of North Main Street between West Peach Street and Banyan Drive from "R-MF-1" Multifamily District Regulations and "CN" Neighborhood Commercial District Regulations to "R-5.0" Zero Lot Line District Regulations. The subject property has multiple owners. Council Member Stewart, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation and approve the ordinance granting the rezoning. The motion prevailed by the following vote: F��.�. 11 06/23/08 Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Abstain: Freed ORDINANCE NO. 2008-30 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 Z08-01 ON SEVERAL TRACTS OF LAND OUT OF THE A. F. LEONARD SURVEY, ABSTRACT 946, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "R-MF-1" MULTIFAMILY DISTRICT REGULATIONS AND"CN" NEIGHBORHOOD COMMERCIAL DISTRICT REGULATIONS TO "R-5.0" ZERO LOT LINE DISTRICT REGULATIONS; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 21. PLANNING & ZONING COMMISSION RECOMMENDATION AMEND MP08-01 OFFICIAL CITY OF GRAPEVINE FUTURE LAND USE MAP II Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of MP08-01 for amendments to the Official City of Grapevine Future Land Use Map II for property west of North Main Street between West Peach Street and Banyan Drive from medium density residential development. The property has multiple owners. Council Member Spencer, seconded by Mayor Pro Tem Wilbanks, offered a motion to accept the Commission's recommendation and approve the ordinance granting the amendments to the Official City of Grapevine Future Land Use Map II. The motion prevailed by the following vote: 12 06/23/08 Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Abstain: Freed ORDINANCE NO. 2008-31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE NO. 87-11 WHICH ADOPTED THE COMPREHENSIVE MASTER PLAN 1974-1994 UPDATE 1987 OF THE CITY OF GRAPEVINE, TEXAS ADOPTING AN AMENDMENT TO MAP 2 LAND USE PLAN OF THE COMPREHENSIVE MASTER PLAN UPDATE 1987 OF THE CITY OF GRAPEVINE, TEXAS; PROVIDING A SEVERABLITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 22. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z08-04 CITY OF GRAPEVINE Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Zoning Application Z08-04 City of Grapevine granting rezoning of properties between East Wall Street and East Wood Street from "R-MF-2" Multifamily District Regulations and "R- 5.0" Zero Lot Line District Regulations to "R-7.5" Single Family District Regulations to conform with the Future Land Use Map. The subject property has multiple owners. Council Member Coy, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the ordinance granting the rezoning. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2008-32 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 Z08-04 ON SEVERAL TRACTS OF LAND OUT OF THE ESTHER MOORE SURVEY, ABSTRACT 1029, 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 13 06/23/08 SAID PROPERTY FROM "R-5.0"ZERO LOT LINE DISTRICT REGULATIONS AND "R-MF-2" MULTIFAMILY DISTRICT REGULATIONS TO "R-7.5" SINGLE FAMILY DISTRICT REGULATIONS; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 23. PLANNING & ZONING COMMISSION RECOMMENDATION SPECIAL USE APPLICATION SU08-03 ZONE SYSTEMSNERIZON WIRELESS Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Special Use Application SU08-03 filed by Zone SystemsNerizon Wireless granting a special use permit for the collocation of cellular antenna's and an equipment cabinet on property located at 1800 State Highway 26 East and zoned "HCO" Hotel and Corporate Office District. Council Member Freed, seconded by Council Member Lease, 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, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2008-33 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 SU08-03 FOR COLLOCATION OF TELECOMMUNICATIONS EQUIPMENT ON THE NORTH TOWER OF THE DFW HILTON HOTEL IN A DISTRICT ZONED "HCO" HOTEL AND CORPORATE OFFICE DISTRICT AND AN ACCESSORY EQUIPMENT CABINET FOR AN UNMANNED CELLULAR FACILITY 14 06/23/08 UNDER CITY OF GRAPEVINE ORDINANCE NO. 82-73 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 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 AMEND GRAPEVINE CODE OF ORDINANCES, APPENDIX D, COMPREHENSIVE ZONING ORDINANCE NO. 82-73, AS AMENDED, SECTION 12 DEFINITIONS, SECTION 23 "LB" LIMITED BUSINESS DISTRICT SECTION 24"CN" NEIGHBORHOOD COMMERCIAL DISTRICT REGULATIONS SECTION 25 "CC' COMMUNITY COMMERCIAL DISTRICT REGULATIONS, SECTION 26 "HC' HIGHWAY COMMERCIAL DISTRICT, SECTION 27 "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS SECTION 28 "CBD" CENTRAL BUSINESS DISTRICT SECTION 29 "HCO" HOTEL AND CORPORATE OFFICE DISTRICT AND SECTION 32 "BP" BUSINESS PARK DISTRICT Chairman Oliver reported the Pianning &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, Section 23 "LB" Limited Business District, Section 24 "CN" Neighborhood Commercial District Regulations, Section 25 "CC" Community Commercial District Regulations, Section 26 "HC" Highway Commercial District, Section 27 "PO" Professional Office District Regulations, Section 28 "CBD" Central Business District, Section 29 "HCO" Hotel and Corporate Office District and Section 32 "BP" Business Park District relative to call centers. Council Member Spencer, seconded by Mayor Pro Tem Wilbanks, offered a motion to accept the Commission's recommendation and approve the ordinance amending Appendix D. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 15 06/23/08 ORDINANCE NO. 2008-34 AN ORDINANCE OF THE CITY COUNCIL 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 12 DEFINITIONS; SECTION 23, "LB" LIMITED BUSINESS DISTRICT; SECTION 24, "CN" NEIGHBORHOOD COMMERCIAL DISTRICT REGULATIONS; SECTION 25, "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS; SECTION 26, "HC" HIGHWAY COMMERCIAL DISTRICT; SECTION 27, "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS; SECTION 28, "CBD" CENTRAL BUSINESS DISTRICT; SECTION 29, "HCO" HOTEL AND CORPORATE OFFICE DISTRICT; SECTION 32, "BP" BUSINESS PARK 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 ADJOURNMENT Mayor Pro Tem Wilbanks, seconded by Council Member Freed, offered a motion to adjourn the meeting at 8:55 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None PASSED AND APPROVED BY THE CITY COUNCI� OF THE CITY OF GRAPEVINE, TEXAS on this the 1 st day of July, 2008. APPROVED: William D. Tate Mayor 16 06/23/08 ATTEST: Linda Huff City Secretary ��. 17