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HomeMy WebLinkAbout2006-09-19 Joint Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING WORKSHOP TUESDAY, SEPTEMBER 19, 2006 AT 6:45 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER 1. Discussion regarding proposed oil and gas well drilling. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at (817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Special City Council Meeting Workshop Agenda was prepared and posted on this the 15th day of September, 2006 at 5:00 p.m. 40 IVA ,, �/ -i da Huff City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 19th day of September, 2006 at 6:45 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 Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager Matthew Boyle Assistant City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 6:55 p.m. ITEM 1. WORKSHOP, PROPOSED OIL AND GAS ORDINANCE City Manager Bruno Rumbelow advised that the 2006 Leadership Grapevine Class was the guest of the City Council for tonight's meeting. Assistant City Attorney Matthew Boyle briefed the City Council regarding oil and gas well drilling in Grapevine. He stated that the City currently has a Special Use Permit requirement for any oil and gas well drilling activity. In addition, drilling is not permitted in residentially zoned districts. Based on the significant land use and compatibility concerns related to oil and gas activity, the City Attorney proposes to and encourages the City to leave that requirement in place. As such, the draft ordinance would represent a second, separate permitting process. In addition, the proposed ordinance stipulates a number of terms, conditions, and requirements that must be met to drill in Grapevine such as truck traffic routes and the distance wells should be from various uses. There was no formal action taken by the City Council. 09/19/06 ADJOURNMENT Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the workshop at 7:25 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 3rd day of October, 2006. APPROVED: 4121-14g4 William D. Tate Mayor ATTEST: Linea Huff P City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, SEPTEMBER 19, 2006 AT 7:00 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER EXECUTIVE SESSION 1. City Council to conduct a closed session relative to: 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 pursuant to Section 551.087, Texas Government Code. City Council to reconvene in open session and take any necessary action relative to conference with employees under Section 551.087, Texas Government Code. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at (817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Special City Council Meeting Agenda was prepared and posted on this the 15th day of September, 2006 at 5:00 p.m. et, V r Linda Huff / City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Executive Session on this the 19th day of September, 2006 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 Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager Matthew Boyle Assistant City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:30 p.m. ITEM 1. EXECUTIVE SESSION 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 551.086, 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 Bruno Rumbelow stated there was no action necessary relative to conference with City Manager and Staff under Section 551.086, Texas Government Code. NOTE: City Council continued with the Regular City Council meeting in open session in 09/19/06 ADJOURNMENT Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 9:45 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 3rd day of October, 2006. APPROVED: 40:154A— s William D. Tate Mayor ATTEST: WNW ft/5Linda Huff City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL PLANNING & ZONING COMMISSION MEETING TUESDAY, SEPTEMBER 19, 2006 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION: Commissioner Rob Undersander PRESENTATION 1. Mayor Tate to present a proclamation honoring the 140th Anniversary of the First United Methodist Church. 2. Presentation of the Office Vacancy Study. JOINT PUBLIC HEARINGS 4 3. City Council and Planning & Zoning Commission to continue a public hearing relative to Conditional Use Application CU06-18 and Planned Development Overlay PD06-07 filed by Invitation Park requesting a conditional use permit to amend the previously approved site plan of Ordinance No. 2003-57 for two office buildings. The property is located at 1115 South Main Street and is zoned "PO" Professional Office District Regulations. The planned development overlay to exceed the two- story height limitation in the "PO" Professional Office District. (This item was tabled at the June 20, 2006 meeting.) The applicant will request PD06-07 be withdrawn. 4. City Council and Planning & Zoning Commission to continue a public hearing relative to Zoning Application Z06-10 filed by B & G Properties requesting rezoning of approximately 4.124 acres located at 2399 Lonesome Dove from "R-20" Single Family District Regulations to "R-12.5" Single Family District Regulations. (This item was tabled at the August 15, 2006 meeting.) 5. City Council and Planning & Zoning Commission to conduct a public hearing relative to Zoning Application Z06-13 filed by Canyon West Development Company requesting rezoning of 23.21 acres from "PCD" Planned Commerce Development to "R-5.0" Zero-Lot-Line District Regulations. Applicant requests to table until the November 21, 2006 meeting. 6. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU06-34 filed by Mr. Mike Farhat requesting a conditional use permit for a 29 foot pole sign with an existing retail center on property located at 3549 Grapevine Mills Parkway. The property is zoned "CC" Community Commercial District Regulations. 7. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU06-36 filed by People's Bank requesting a conditional use permit for a drive through in conjunction with a bank on property located at 601 West Northwest Highway. The property is zoned "HC" Highway Commercial District. 8. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU06-38 filed by Gamestop requesting a conditional use permit for a planned industrial center on property located at 625 Westport Parkway. The property is zoned "LI" Light Industrial District. 9. City Council and Planning & Zoning Commission to conduct a public hearing relative to Historical Landmark Subdistrict Application HL06-01 filed by Ms. Hazel King requesting a Historic Landmark Subdistrict designation on property located at 618 East Wall Street, known as the Craghill Bungalow. The property is zoned "R-7.5" Single Family District Regulations. 10. City Council and Planning & Zoning Commission to conduct a public hearing relative to Historical Landmark Subdistrict Application HL06-02 filed by Yasmine Bohsali and Fabien Goury requesting a Historic Landmark Subdistrict designation on property located at 326 East Texas Street, known as the Jackson House. The property is zoned "R-7.5" Single Family District Regulations. 11. City Council and Planning & Zoning Commission to conduct a public hearing relative to proposed amendments to the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance No. 82-73, as amended, Section 12 Definitions relative to grade and story height. END OF JOINT PUBLIC HEARINGS Planning & Zoning Commission to recess to Planning & Zoning Commission Conference Room, Second Floor to consider published agenda items. City Council to remain in session in the Council Chambers to consider published business. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at (817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Regular Joint City Council and Planning & Zoning Commission Meeting Agenda was prepared and posted on this the 15th day of September, 2006 at 5:00 p.m. %mss: Linea Huff City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, SEPTEMBER 19, 2006 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CITIZEN COMMENTS NEW BUSINESS 12. Consider authorizing an interlocal agreement for continued participation in Fort Worth's Environmental Collection Center and Household Hazardous Waste Program and take any necessary action. 13. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 25 Utilities and Services, Article III, Solid Waste Disposal relative to commercial and residential solid waste and recycling rates and take any necessary action. CONSENT AGENDA Consent items are deemed to need little Council deliberation and will be acted upon as one business item. Any member of the City Council or member of the audience may request that an item be withdrawn from the consent agenda and placed before the City Council for full discussion. Approval of the consent agenda authorizes the City Manager, or his designee, to implement each item in accordance with Staff recommendations. 14. Consider the second and final reading of an ordinance approving Zoning Application Z06-11 filed by TLC Realty granting rezoning of 1.24 acres located at 427 North Scribner Street from "R-MF-1" Multifamily District Regulations to "R-MF-2" Multifamily District Regulations for the development of 24 multifamily units. Acting Development Services Director recommends approval. 15. Consider a resolution ratifying authorization to enter into a Joint Election Agreement with Tarrant County relative to holding a 4B Sales and Use Tax Election and a Crime Control and Prevention District Election on November 7, 2006. City Secretary recommends approval. 16. Consider award of Bid 270-2006 Fire Hydrant Installation Services to Regan Excavation. Public Works Director recommends approval. 17. Consider award of the Video Surveillance System to Intec Video Systems. Police Chief recommends approval. 18. Consider a resolution authorizing an Interlocal Purchasing Cooperative Agreement with the City of Watauga. Administrative Services Director recommends approval. 19. Consider authorizing a Tree Maintenance Services Annual Contract with Tru-Green Landcare. Parks & Recreation Director recommend approval. 20. Consider the minutes of the September 5 and 12, 2006 City Council meetings. City Secretary recommends approval as published. Pursuant to the Texas Open Meetings Acts, Texas Government Code, Chapter 551.001 et seq, one or more of the above items may be considered in Executive Session closed to the public. Any decision held on such matter will be taken or conducted in open session following the conclusion of the executive session. PLANNING & ZONING COMMISSION RECOMMENDATIONS 21. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU06-18 (Invitation Park) and a subsequent ordinance, if applicable. 22. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z06-10 (B & G Properties) and a subsequent ordinance, if applicable. 23. Consider the recommendation of the Planning & Zoning Commission relative to the preliminary plat of Lots 1-10, Block 1, Dove Park Estates and take any necessary action. 24. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lots 1-10, Dove Park Estates and take any necessary action. 25. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU06-34 (Farhat Plaza) and a subsequent ordinance, if applicable. 26. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU06-36 (People's Bank) and a subsequent ordinance, if applicable. 27. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lot 2, Block 1, Century Oak and take any necessary action. 28. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU06-38 (Gamestop) and a subsequent ordinance, if applicable. 29. Consider the recommendation of the Planning and Zoning Commission relative to Historic Landmark Subdistrict Application HL06-01 (Craghill Bungalow) and a subsequent ordinance, if applicable. 30. Consider the recommendation of the Planning and Zoning Commission relative to Historic Landmark Subdistrict Application HL06-02 (Jackson House) and a subsequent ordinance, if applicable. 31. Consider the recommendation of the Planning & Zoning Commission relative to proposed amendments to the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance No. 82-73, as amended, Section 12 Definitions and a subsequent ordinance, if necessary. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at (817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Regular City Council Meeting Agenda was prepared and posted on this the 15th day of September, 2006 at 5:00 p.m. Lin a Huff City Secretary AGENDA CITY OF GRAPEVINE SPECIAL BRIEFING SESSION PLANNING & ZONING COMMISSION TUESDAY, SEPTEMBER 19, 2006 AT 7:00 P.M. PLANNING & ZONING CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER WORK SESSION 1. Planning & Zoning Commission to conduct a briefing session to discuss items scheduled to be heard in the September 19, 2006 public hearing. ADJOURNMENT If you plan to attend this briefing session and you have a disability that requires special arrangements at the meeting, please contact the office of Development Services at (817) 410-3154 at least 24 hours in advance. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et. seq. Acts of the 1993 Texas Legislature, the Planning and Zoning Commission Briefing Session Agenda was prepared and posted on this the 15th day of September, 2006 at 5:00 p.m. Lin•a Huff // City Secretary tftOtqd AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, SEPTEMBER 19, 2006 AT 7:30 P.M. PLANNING & ZONING COMMISSION CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET NEW BUSINESS 1. Consider Conditional Use Application CU06-18 (Invitation Park) and make a recommendation to the City Council. 2. Consider Zoning Application Z06-10 (B & G Properties) and make a recommendation to the City Council. 3. Consider the preliminary plat of Lots 1-10, Block 1, Dove Park Estates and make a recommendation to the City Council. 4. Consider the final plat of Lots 1-10, Dove Park Estates and make a recommendation to the City Council. 5. Consider Conditional Use Application CU06-34 (Farhat Plaza) and make a recommendation to the City Council. 6. Consider Conditional Use Application CU06-36 (People's Bank) and make a recommendation to the City Council. 7. Consider the final plat of Lot 2, Block 1, Century Oak and make a recommendation to the City Council. 8. Consider Conditional Use Application CU06-38 (Gamestop) and make a recommendation to the City Council. 9. Consider Historic Landmark Subdistrict Application HL06-01 (Craghill Bungalow) and make a recommendation to the City Council. 10. Consider Historic Landmark Subdistrict Application HL06-02 (Jackson House) and make a recommendation to the City Council. 11. Consider proposed amendments to the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance No. 82-73, as amended, Section 12 Definitions and make a recommendation to the City Council. AP 40 CONSIDERATION OF MINUTES 12. Consider the minutes of the July 18 and August 15, 2006 Planning & Zoning Commission meetings and take any necessary action. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at (817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Regular Planning & Zoning Commission Meeting Agenda was prepared and posted on this the 15th day of September, 2006 at 5:00 p.m. O- ar.AA.% !_ A4 (a Lin. . Huff pr City Secretary 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 19th day of September, 2006 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 Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Herbert Fry Vice Chairman Chris Coy Member Danette Murray Member Betty "BJ" Wilson Member Becky St. John Member Andrea Roy Alternate constituting a quorum, Commissioner Rob Undersander and Alternate Mark Lowery absent with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager Matthew Boyle Assistant City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:51 p.m. INVOCATION Commissioner Herb Fry delivered the Invocation. 09/19/06 ITEM 1. PRESENTATION, PROCLAMATION HONORING FIRST UNITED METHODIST CHURCH'S 1401" ANNIVERSARY Mayor Tate presented a proclamation to Reverend Ken Diem in recognition of the First United Methodist Church of Grapevine's 140th Anniversary on October 24, 2006. After accepting the proclamation, Reverend Diem presented the City with a photo of the Church Sanctuary as it was in 1901. ITEM 2. OFFICE VACANCY STUDY This item was presented after Item 11. Development Manager Dan Truex and Dr. Terry Clower, of Weinstein, Clower & Associates, made a PowerPoint presentation relative to the results of the Grapevine Office Market Analysis. Dr. Glower reported that Grapevine's office market is in good shape versus competitors, rental rates are strong, the small size of buildings is a constraint but does not justify new construction and he recommended monitoring direct vacancy closely over the next six to twelve months. Mr. Truex reported that the City's Office Market Study reflected that the market appears to be competitive and not in decline. The City-wide vacancy rates average 21% and City-wide lease rates average $19.37. The recommendation of the City Committee to the Council and Chamber of Commerce is to focus on networking, marketing, advertising and potential zoning/sign code amendments. There was no action taken by the City Council. ITEM 3. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU06-18 AND PLANNED DEVELOPMENT OVERLAY PD06-07 INVITATION PARK Mayor Tate declared the public hearing open. Planner Ron Stombaugh advised Conditional Use Application CU06-18 and Planned Development Overlay PD06-07 had been filed by Invitation Park requesting a conditional use permit to amend the previously approved site plan of Ordinance No. 2003-57 for two office buildings. The property is located at 1115 South Main Street and is zoned "PO" Professional Office District Regulations. The applicant requested withdrawal of the planned development overlay to exceed the two-story height limitation in the "PO" Professional Office District. Mr. Stombaugh stated that the applicant made substantial changes to the original request by reducing the two office structures from 21 individual units to 13 units and the height of the structures has been reduced to two stories rather than three that were proposed. Total square footage has been reduced from 30,576 square feet to 14,358 square feet and the parking garages for each unit has also been eliminated with surface parking for the office units. A two-story 8,000 square foot bank with drive-through service is proposed fronting along Main Street. With the reduction of the office building from three stories to two, there is no longer a need for the planned development overlay request. 2 09/19/06 Mr. Doug Anderson and Mr. Marco Martinez requested favorable consideration of the application. Discussion ensued relative to the office units being individually owned and that the office units would be commercial and non-residential. There was discussion regarding the outside maintenance of the buildings, parking and landscaping. Comments were made that mandatory covenants should be considered along with the conditional use. Mr. Anderson stated the units would have individual ownership, they would all be commercial and non-residential and there would be covenants relative to outside maintenance. Mayor Tate 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 two letters of support. 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, Murray, Wilson, St. John & Roy Nays: None Absent: Undersander& Lowery Council Member Freed, seconded by Council Member Johnson, offered a motion to close ry the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 4. PUBLIC HEARING, ZONING APPLICATION Z06-10 B & G PROPERTIES Mayor Tate declared the public hearing open. Planner Ron Stombaugh reported Zoning Application Z06-10 had been filed by B & G Properties requesting rezoning of approximately 4.124 acres located at 2399 Lonesome Dove from "R-20" Single Family District Regulations to "R-12.5" Single Family District Regulations. The applicant proposes to rezone and subdivide the subject property into ten residential lots with a minimum lot size of 13,608 square feet. Density within this proposed subdivision is 2.42 units per acre. The "R-12.5" Single Family District is limited to three units per acre. This request was tabled at the August 15, 2006 meeting for the applicant to consider a new cul-de-sac concept plan. Mr. Dino Idoski requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. 3 09/19/06 Mayor Tate invited guests present to comment regarding the application. Mr. David Montgomery, 3337 Van Zandt Court, stated his concerns regarding the proposed development: what type of perimeter fence is proposed for the northern side of the property, has a storm water study been completed, concern regarding the number of lots proposed and when would the final plan be approved by Council. Staff advised a preliminary and final plat of the site that reflects the zoning concept plan had been submitted for consideration. Council questioned the type of fence that would be along Lonesome Dove Road. Mr. Idoski responded that it would be brick and iron. City Secretary Huff reported the Council and Commission had been copied the previously submitted seven letters of protest. Commissioner Murray, seconded by Commissioner St. John, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, St. John & Roy Nays: None Absent: Undersander & Lowery Council Member Wilbanks, 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 ITEM 5. PUBLIC HEARING, ZONING APPLICATION Z06-13 CANYON WEST DEVELOPMENT Mayor Tate declared the public hearing open. Planner Stombaugh reported Zoning Application Z06-13 had been filed by Canyon West Development Company requesting rezoning of 23.21 acres from "PCD" Planned Commerce Development to "R-5.0" Zero-Lot-Line District Regulations. Mr. Stombaugh advised that the applicant had requested to table the case to the November 21, 2006 meeting. Commissioner St. John, seconded by Commissioner Murray, offered a motion to table the public hearing to the November 21, 2006 meeting. The motion prevailed by the following vote: 4 09/19/06 Ayes: Oliver, Coy, Fry, Murray, Wilson, St. John & Roy Nays: None Absent: Undersander & Lowery } Mayor Pro Tern Ware, seconded by Council Member Spencer, offered a motion to table the public hearing to the November 21, 2006 meeting. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Mayor Tate advised there would not be any additional notice to adjacent property owners. ITEM 6. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU06-34 MR. MIKE FARHAT Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU06-34 had been filed by Mr. Mike Farhat requesting a conditional use permit for a 29 foot pole sign with an existing retail center on property located at 3549 Grapevine Mills Parkway. The property is zoned "CC" Community Commercial District Regulations. Mr. Stombaugh advised the applicant requested to table the case to the October 17, 2006 meeting. Commissioner Coy, seconded by Commissioner Fry, offered a motion to table the public hearing to the October 17, 2006 meeting. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, St. John & Roy Nays: None Absent: Undersander & Lowery Council Member Stewart, seconded by Council Member Wilbanks, offered a motion to table the public hearing to the October 17, 2006 meeting. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Mayor Tate announced the adjacent property owners would not receive any additional notice. ITEM 7. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU06-36 PEOPLE'S BANK Mayor Tate declared the public hearing open. 5 09/19/06 Planner Stombaugh advised Conditional Use Application CU06-36 had been filed by People's Bank requesting a conditional use permit for a three lane drive-through in conjunction with a 5,000 square foot bank on property located at 601 West Northwest Highway. The property is zoned "HC" Highway Commercial District. During construction, the applicant is requesting to establish a temporary bank facility for no more than 18 months with one drive-through lane. Mr. Martin Schelling requested favorable consideration of the application. Discussion ensued relative to the applicant saving as many trees as possible on the site and that there were three points of access to the development: Northwest Highway, Scribner Street and Wall Street. Mayor Tate 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 of support for the application. Commissioner Wilson, seconded by Commissioner St. John, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, St. John & Roy Nays: None Absent: Undersander & Lowery "m"° Council Member Johnson, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 8. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU06-38 GAMESTOP Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU06-38 had been filed by Gamestop requesting a conditional use permit for a planned industrial center on property located at 625 Westport Parkway. The property is zoned "LI" Light Industrial District. He advised that the joining of the two properties would result in slightly less than 15% of the Open Space requirements, but that both properties alone do meet the Open Space requirements. Mr. Bill Dahlstrom requested favorable consideration of the application. Discussion ensued relative to the City Council and Planning & Zoning Commission being able to approve the case as submitted. Assistant City Attorney Matthew Boyle advised that 6 09/19/06 the application could be approved with the condition consistent with the site plan as submitted in the packet to the City Council and 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 Roy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, St. John & Roy Nays: None Absent: Undersander& Lowery Mayor Pro Tern Ware, 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 ITEM 9. PUBLIC HEARING, HISTORIC LANDMARK SUBDISTRICT APPLICATION HL06-01 CRAGHILL BUNGALOW Mayor Tate declared the public hearing open. Planner Stombaugh reported that Historic Landmark Subdistrict Application HL06-01 had been filed by Ms. Hazel King requesting a Historic Landmark Subdistrict designation on property located at 618 East Wall Street, known as the Craghill Bungalow. The property is zoned "R-7.5" Single Family District Regulations. 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 City Secretary Huff reported there was one letter of support copied to the Council and Commission. Commissioner Coy, seconded by Commissioner Fry, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, St. John & Roy Nays: None Absent: Undersander& Lowery Council Member Wilbanks, seconded by Council Member Freed, offered a motion to close the public hearing. The motion.prevailed by the following vote: 7 09/19/06 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 10. PUBLIC HEARING, HISTORIC LANDMARK SUBDISTRICT APPLICATION HL06-02 JACKSON HOUSE Mayor Tate declared the public hearing open. Planner Stombaugh reported that Historic Landmark Subdistrict Application HL06-02 had been filed by Yasmine Bohsali and Fabien Goury requesting a Historic Landmark Subdistrict designation on property located at 326 East Texas Street, known as the Jackson House. The property is zoned "R-7.5" Single Family District Regulations. 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 Wilson, seconded by Commissioner Roy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, St. John & Roy Nays: None Absent: Undersander & Lowery 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, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 11 PUBLIC HEARING, AMEND GRAPEVINE CODE OF ORDINANCES, APPENDIX D, COMPREHENSIVE ZONING ORDINANCE NO. 82-73, AS AMENDED, SECTION 12 DEFINITIONS Mayor Tate declared the public hearing open. Acting Development Services Director Scott Williams reviewed the proposed amendments to the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance No. 82-73, as amended, Section 12 Definitions relative to grade and story height. The Zoning Ordinance and Building Codes have always had minor differences in terms of definitions of building height and related terms such as grade and story. The proposed amendments will have little impact associated with the changes and should eliminate some discrepancies encountered by the development community that will make them easier to understand and enforce. 8 09/19/06 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 Fry, seconded by Commissioner Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, St. John & Roy Nays: None Absent: Undersander& Lowery 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 2 was presented after the public hearings. RECESS AND RECONVENE Mayor Tate announced the Planning & Zoning Commission would recess to the Planning & Zoning Conference Room to consider published business. Mayor Tate announced the City Council would take a brief recess. All members of the City Council were present upon reconvening in the Council Chambers. ITEM 12. INTERLOCAL AGREEMENT, FORT WORTH'S ENVIRONMENTAL COLLECTION CENTER AND HOUSEHOLD HAZARDOUS WASTE PROGRAM Environmental Manager Nathan Loftice recommended approval of an interlocal agreement for continued participation in Fort Worth's Environmental Collection Center and Household Hazardous Waste Program. The participation of the citizens of Grapevine has grown from 753 households in 2005. The cost charged to the City in Fiscal Year 2007 for each household that utilizes the service will be $46.00 per household. Council Member Spencer, seconded by Mayor Pro Tem Ware, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 13. ORDINANCE, AMEND GRAPEVINE CODE OF ORDINANCES, CHAPTER 25 UTILITIES AND SERVICES, ARTICLE III, SOLID WASTE DISPOSAL 9 09/19/06 OROit Public Works Director Matt Singleton recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 25 Utilities and Services, Article III, Solid Waste Disposal relative to commercial and residential solid waste and recycling rates. He advised that the last time that Allied Waste Services had requested a rate increase was in 2000. The total rate increase request is 4.98% for the residential and commercial solid waste and 3.92% for recycling collection. The Council expressed their satisfaction with the outstanding service that Allied has provided to the City of Grapevine. Council Member Johnson, seconded by Council Member Wilbanks, 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. 2006-61 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES, CHAPTER 25 UTILITIES AND SERVICES, ARTICLE III SOLID WASTE DISPOSAL, SECTION 25-97 SERVICE RATES--SCHEDULES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE 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. Council Member Freed removed Item 14 Second and Final Reading, Ordinance No. 2006-62, Zoning Application Z06-11 TLC Realty from the consent agenda. ITEM 14. SECOND AND FINAL READING, ORDINANCE NO. 2006-62, ZONING APPLICATION Z06-11 TLC Realty This item was considered after Item 20. Acting Development Services Director recommended approval of the second and final reading of Ordinance No. 2006-62 approving Zoning Application Z06-11 filed by TLC Realty granting rezoning of 1.24 acres located at 427 North Scribner Street from "R-MF-1" Multifamily District Regulations to "R-MF-2" Multifamily District Regulations for the development of 24 multifamily units. 10 09/19/06 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. 2006-62 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 Z06-11 ON A TRACT OF LAND OUT OF THE THOMAS MAHAN SURVEY, ABSTRACT NO. 1050, 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 TO "R-MF-2" MULTIFAMILY 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 AND PROVIDING AN EFFECTIVE DATE Item 15. Resolution, Ratify Authorization, Joint Election Agreement with Tarrant County City Secretary recommended approval of a resolution ratifying authorization to enter into a Joint Election Agreement with Tarrant County relative to holding a 4B Sales and Use Tax Election and a Crime Control and Prevention District Election on November 7, 2006. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: ..r, Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None 11 09/19/06 RESOLUTION NO. 2006-58 woo A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS RATIFYING AUTHORIZATION TO ENTER INTO A JOINT ELECTION AGREEMENT WITH TARRANT COUNTY RELATIVE TO HOLDING A 4B SALES AND USE TAX ELECTION AND A CRIME CONTROL AND PREVENTION DISTRICT ELECTION ON NOVEMBER 7, 2006; TAKING ALL OTHER NECESSARY ACTIONS; PROVIDING SPECIFIC INSTRUCTIONS FOR THE CONDUCTING OF SAID ELECTION; REPEALING INCONSISTENT RESOLUTIONS AND PROVIDING AN EFFECTIVE DATE Item 16. Award Bid 270-2006 Fire Hydrant Installation Services Public Works Director recommended approval of the award of Bid 270-2006 Fire Hydrant Installation Services to Regan Excavation. 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 17. Authorize Video Surveillance System Purchase Police Chief recommended approval of the award of the Video Surveillance System to Intec Video Systems in an amount not to exceed $16,200.00. 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 18. Resolution Authorize Interlocal Purchasing Cooperative Agreement with City of Watauga Administrative Services Director recommended approval of a resolution authorizing an Interlocal Purchasing Cooperative Agreement with the City of Watauga. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: 12 09/19/06 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2006-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNATE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF WATAUGA, TEXAS AND PROVIDING AN EFFECTIVE DATE Item 19. Tree Maintenance Services Annual Contract Parks & Recreation Director recommended approval of a Tree Maintenance Services Annual Contract with Tru-Green Landcare. 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 20. Consideration of Minutes City Secretary recommended approval of the minutes of the September 5 and 12, 2006 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 ITEM 21. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU06-18 INVITATION PARK Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the first reading of the ordinance for Conditional Use Application CU06-18 filed by Invitation Park with the condition that the applicant present covenants to the City Council at the next City Council meeting and that they be accepted by the City Council. Approval of the conditional use permit amends the previously approved site plan of Ordinance No. 2003-57 for two office buildings. The property is located at 1115 South Main Street and is zoned "PO" Professional Office District Regulations. Discussion ensued relative to the covenants being a part of the ordinance, that they meet certain requirements to ensure the continuity and integrity of the original plan in terms of woo color, landscaping, design, etc. Following discussion, Assistant City Attorney Matthew 13 09/19/06 Boyle made the following recommendation for Council to consider: that the City Council ompo recommend approval of the first reading of the ordinance subject to the applicant returning to City Council at the October 3, 2006 meeting for a second and final reading of the ordinance with general covenants and restrictions sufficient to ensure conformity, consistency and integrity within the development and within each building within the development. He stated that the detailed deed restrictions would not need to be a part of the ordinance. Council Member Spencer, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation with the condition that the City Council recommend approval of the first reading of the ordinance subject to the applicant returning to City Council at the October 3, 2006 meeting for a second and final reading of the ordinance with general covenants and restrictions sufficient to ensure conformity, consistency and integrity within the development and within each building within the development. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 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 CU06-18 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2003-57 FOR THE ADDITION OF A BANK WITH DRIVE- THROUGH SERVICE AND TWO OFFICE BUILDINGS IN A DISTRICT ZONED "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN M.# EMERGENCY AND PROVIDING AN EFFECTIVE DATE 14 09/19/06 ITEM 22. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z06-10 B & G PROPERTIES Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Zoning Application Z06-10 filed by B & G Properties granting rezoning of approximately 4.124 acres located at 2399 Lonesome Dove from "R-20" Single Family District Regulations to "R-12.5" Single Family District Regulations. Council Member Wilbanks, 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, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2006-63 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 Z06-10 ON A TRACT OF LAND OUT OF THE L. LINCOLN SURVEY, ABSTRACT NO. 981, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, Apr 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-20" SINGLE FAMILY DISTRICT REGULATIONS TO "R-12.5" 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 r, ,4 PRELIMINARY PLAT LOTS 1-10, BLOCK 1, DOVE PARK ESTATES 15 09/19/06 Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the preliminary plat of Lots 1-10, Block 1, Dove Park Estates. The 4.124 acre property located on the east side of Lonesome Dove Road and north of The Oaks of Lonesome Dove Subdivision and is being platted for development of 10 single family homes. 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 preliminary plat of Lots 1-10, Block 1, Dove Park Estates. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 24. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1-10, BLOCK 1, DOVE PARK ESTATES Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 1-10, Block 1, Dove Park Estates. The 4.124 acre property located on the east side of Lonesome Dove Road and north of The Oaks of Lonesome Dove Subdivision and is being platted for development of 10 single family homes, Council Member Johnson, seconded by Council Member Wilbanks, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lots 1-10, Block 1, Dove Park Estates. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 25. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU06-34 FARHAT PLAZA There was no action taken by the City Council or the Planning & Zoning Commission as this item was tabled during the public hearing portion of the meeting. ITEM 26. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU06-36 PEOPLE'S BANK Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU06-36 filed by People's Bank granting a conditional use permit for a drive through in conjunction with a bank on property located at 601 West Northwest Highway. The property is zoned "HC" Highway Commercial District. 16 09/19/06 Council Member Freed, seconded by Council Member Wilbanks, 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. 2006-64 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 CU06-36 FOR A BANK WITH DRIVE-THROUGH SERVICE IN A DISTRICT ZONED "HC" HIGHWAY COMMERCIAL DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 27. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 2, BLOCK 1, CENTURY OAK 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, Century Oak. The 1.849 acre property is located on the south side of Northwest Highway and west of Scribner Street. The property is zoned "HC" Highway Commercial District and is being platted for development of a bank. Council Member Freed, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 2, Block 1, Century Oak. The motion prevailed by the following vote: 17 09/19/06 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed maw Nays: None x:.4,4` ITEM 28. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU06-38 GAMESTOP Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU06-38 with the condition that there be no further reduction in landscaping percentages. The application filed by Gamestop grants a conditional use permit for a planned industrial center on property located at 615 Westport Parkway. Council Member Spencer, seconded by Council Member Wilbanks, 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. 2006-65 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 ORM KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU06-38 FOR A PLANNED INDUSTRIAL CENTER IN A DISTRICT ZONED "LI" LIGHT INDUSTRIAL 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 ITEM 29. PLANNING & ZONING COMMISSION RECOMMENDATION HISTORIC LANDMARK SUBDISTRICT APPLICATION HL06-01 CRAGHILL BUNGALOW 18 09/19/06 Chairman Oliver reported the Planning and Zoning Commission voted 7-0 for approval of Historic Landmark Subdistrict Application HL06-01 filed by Ms. Hazel King granting a Historic Landmark Subdistrict designation on property located at 618 East Wall Street known as the Craghill Bungalow. The subject property is zoned "R-7.5" Single Family District Regulations. Council Member Johnson, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the ordinance granting the Historic Landmark Subdistrict designation. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2006-66 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DESIGNATING A HISTORIC LANDMARK SUBDISTICT HL06-01 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82-73 (APPENDIX "D" OF THE CODE OF ORDINANCES), DESIGNATING THE AREA PLATTED AS LOT 5, BLOCK 101, COLLEGE HEIGHTS ADDITION AND MORE SPECIFICALLY DESCRIBED HEREIN, IN A DISTRICT ZONED "R-7.5" SINGLE FAMILY DISTRICT REGULATIONS; PROVIDING FOR THE ADOPTION OF THE CRAGHILL BUNGALOW HISTORIC DISTRICT DESIGN GUIDELINES; 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 30. PLANNING & ZONING COMMISSION RECOMMENDATION HISTORIC LANDMARK SUBDISTRICT APPLICATION HL06-02 JACKSON HOUSE _4 Chairman Oliver reported the Planning and Zoning Commission voted 7-0 for approval of Historic Landmark Subdistrict Application HL06-02 filed by Yasmine Bohsali and Fabien 19 09/19/06 Goury granting a Historic Landmark Subdistrict designation on property located at 326 East oft Wall Street known as the Jackson House. The subject property is zoned "R-7.5" Single Family District Regulations. Council Member Freed, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance granting the Historic Landmark Subdistrict designation. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2006-67 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DESIGNATING A HISTORIC LANDMARK SUBDISTICT HL06-02 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82-73 (APPENDIX "D" OF THE CODE OF ORDINANCES), DESIGNATING THE AREA LEGALLY DESCRIBED AS TRACT 63B, ABSTRACT 422, WILLIAM DOOLEY SURVEY AND MORE SPECIFICALLY DESCRIBED HEREIN, IN A DISTRICT ZONED "R-7.5" SINGLE FAMILY DISTRICT REGULATIONS; PROVIDING FOR THE ADOPTION OF THE JACKSON HOUSE HISTORIC DISTRICT DESIGN GUIDELINES; 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 31. PLANNING & ZONING COMMISSION RECOMMENDATION AMEND GRAPEVINE CODE OF ORDINANCES, APPENDIX D, COMPREHENSIVE ZONING ORDINANCE NO. 82-73, AS AMENDED, SECTION 12 DEFINITIONS Chairman Oliver 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 relative to grade and story height. 20 09/19/06 Council Member Stewart, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation and approve the ordinance amending the Grapevine Code of Ordinances. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2006-68 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; 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 Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 9:45 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 3rd day of October, 2006. APPROVED: 34C ' William D. Tate Mayor 21 09/19/06 ATTEST: „, Li n a Huff City Secretary 22