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HomeMy WebLinkAbout2006-10-17 Joint Meeting AGENDA CITY OF GRAPEVINE, TEXAS 40-= REGULAR JOINT CITY COUNCIL PLANNING & ZONING COMMISSION MEETING TUESDAY, OCTOBER 17, 2006 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION: Commissioner Danette Murray JOINT PUBLIC HEARINGS 1. 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. (This item was tabled at the September 19, 2006 Council Meeting.) 2. City Council and Planning & Zoning Commission to conduct a public hearing relative to Zoning Application Z06-12 and Planned Development Overlay PD06-08 filed by Townhomes of Westgate Plaza for property located at 2300 Westgate Plaza. The zoning application requests rezoning of approximately 5.12 acres from "CC" Community Commercial District Regulations to "R-TH" Townhouse District Regulations. The planned development overlay requests to deviate from the front yard set back, rear yard set back, side yard setbacks and building separation. 3. City Council and Planning & Zoning Commission to conduct a public hearing relative to Zoning Application Z06-14 filed by Espree Animal Products requesting rezoning of approximately 1.6 acres from "BP" Business Park District to "LI" Light Industrial District. The subject property is located at 3250 Stone Myers Parkway. 4. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU06-39 filed by Grapevine Medical Park requesting a conditional use permit to amend the site plan approved by Ordinance No. 2004-53 for the development of two medical office buildings. The subject property is located at 811 and 819 Ira E. Woods Avenue and is zoned "CC" Community Commercial District Regulations. 5. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU06-40 filed by Grapevine Suzuki requesting a conditional use permit to amend the site plan approved by Ordinance No. 2004-35 for an additional sales office building. The subject property is located at 440 State Highway 114 West and is zoned "HC" Highway Commercial District. 6. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU06-41 and Planned Development Overlay PD06-10 filed by the Bank of the West located at 108 West Northwest Highway. The conditional use application requests to amend the site plan approved by Ordinance No. 2005-101 for the development of a permanent bank building with drive through service. The planned development overlay requests deviation from setbacks and height restrictions. The subject property is zoned "HC" Highway Commercial District. 7. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU06-42 filed by ProntoWash requesting a conditional use permit to amend the site plan approved by Ordinance No. 2005-20 for a car washing service in the parking lot near the AMC Theatre. The subject property is located at 3000 Grapevine Mills Parkway and is zoned "CC" Community Commercial District Regulations. 8. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU06-44 filed by Horizon Bank requesting a conditional use permit for an addition to an existing bank with drive through service. The subject property is located at 4501 William D. Tate Avenue and is zoned "CC" Community Commercial District Regulations. 9. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU06-45 filed by International Airport Centers LLC requesting a conditional use permit for office/warehouse with freight forwarding and outside storage. The subject property is located at 2429 Stone Myers Parkway and is zoned "LI" Light Industrial District. 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 13th day of October, 2006 at 5:00 p.m. Linda Huff 71-t-e--ff City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, OCTOBER 17, 2006 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CITIZEN COMMENTS NEW BUSINESS 10. Consider a resolution setting a public hearing date for proposed amendments to the Land Use Assumptions and the Water and Wastewater Capital Improvements Plan and take any necessary action. 11. Consider a resolution setting a public hearing date for proposed amendments to Water and Wastewater Impact Fees and take any necessary action. 12. Consider renewal of the Interlocal Agreement with Colleyville and Southlake for the Metroport Teen Court program and take any necessary action. 13. Consider a resolution authorizing an extension of the contract with Linebarger, Goggan, Blair& Sampson, LLP for court fees and fines collection services 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 authorizing a one year extension to end on August 16, 2007 for Conditional Use Permit CU05-50 for the Winery on Main located at 420 South Main Street for the possession, storage, retail sale and on- and off-premise consumption of alcoholic beverages (wine only) in conjunction with a winery. The property is zoned "CBD" Central Business District. Acting Development Services Director recommends approval. 15. Consider renewal of the annual contract with F. J. Business Forms for printing of the Parks & Recreation Activity Brochure. Parks & Recreation Director recommends approval. 16. Consider the minutes of the October 3, 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 17. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU06-34 (Farhat Plaza) and a subsequent ordinance, if applicable. 18. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z06-12 (Townhomes of Westgate) and a subsequent ordinance, if applicable. 19. Consider the recommendation of the Planning & Zoning Commission relative to Planned Development Overlay PD06-08 (Townhomes of Westgate) and a subsequent ordinance, if applicable. 20. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lots 1-39, A, B and C, Block 1, Townhomes of Westgate and take any necessary action. 21. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z06-14 (Espree Animal Products) and a subsequent ordinance, if applicable. 22. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU06-39 (Grapevine Medical Park) and a subsequent ordinance, if applicable. 23. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lots 14R, 15R, 16, 17, 18 and 19, Block 1, Towne Center Addition No. 2 and take any necessary action. 24. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU06-40 (Grapevine Suzuki) and a subsequent ordinance, if applicable. 25. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU06-41 (Bank of the West) and a subsequent ordinance, if applicable. • 26. Consider the recommendation of the Planning & Zoning Commission relative to Planned Development Overlay PD06-10 (Bank of the West) and a subsequent ordinance, if applicable. 27. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lots 1 and 2, Block 1, Bank of the West Addition and take any necessary action. 28. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU06-42 (ProntoWash) and a subsequent ordinance, if applicable. 29. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU06-44 (Horizon Bank) and a subsequent ordinance, if applicable. 30. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU06-45 (International Airport Centers LLC) and a subsequent ordinance, if applicable. 31. Consider the recommendation of the Planning & Zoning Commission relative to the preliminary plat of Lots 1-4, Block 1, Stone Myers Business Park and take any necessary action. 32. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lot 1, Block 1, Stone Myers Business Park and take any necessary action. 33. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lot 1, Block 1, North Main Place 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 1 Texas Legislature, the Regular City Council Meeting Agenda was prepared and posted on this the 13th day of October, 2006 at 5:00 p.m. i Linda uff A4r / City Secretary /� AGENDA CITY OF GRAPEVINE SPECIAL BRIEFING SESSION PLANNING & ZONING COMMISSION TUESDAY, OCTOBER 17, 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 October 17, 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 13th day of October, 2006 at 5:00 p.m. ... .r Lin a uff �1 City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, OCTOBER 17, 2006 AT 7:30 P.M. PLANNING & ZONING COMMISSION CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET NEW BUSINESS 1. Consider Conditional Use Application CU06-34 (Farhat Plaza) and make a recommendation to the City Council. 2. Consider Zoning Application Z06-12 (Townhomes of Westgate) and make a recommendation to the City Council. 3. Consider Planned Development Overlay PD06-08 (Townhomes of Westgate) and make a recommendation to the City Council. 4. Consider the final plat of Lots 1-39, A, B and C, Block 1, Townhomes of Westgate and make a recommendation to the City Council. 5. Consider Zoning Application Z06-14 (Espree Animal Products) and make a recommendation to the City Council. 6. Consider Conditional Use Application CU06-39 (Grapevine Medical Park) and make a recommendation to the City Council. 7. Consider the final plat of Lots 14R, 15R, 16, 17, 18 and 19, Block 1, Towne Center Addition No. 2 and make a recommendation to the City Council. 8. Consider Conditional Use Application CU06-40 (Grapevine Suzuki) and make a recommendation to the City Council. 9. Consider Conditional Use Application CU06-41 (Bank of the West) and make a recommendation to the City Council. 10. Consider Planned Development Overlay PD06-10 (Bank of the West) and make a recommendation to the City Council. 11. Consider the final plat of Lots 1 and 2, Block 1, Bank of the West Addition and make a recommendation to the City Council. 12. Consider Conditional Use Application CU06-42 (ProntoWash) and make a recommendation to the City Council. 13. Consider Conditional Use Application CU06-44 (Horizon Bank) and make a recommendation to the City Council. 14. Consider Conditional Use Application CU06-45 (International Airport Centers LLC) and make a recommendation to the City Council. 15. Consider the preliminary plat of Lots 1-4, Block 1, Stone Myers Business Park and make a recommendation to the City Council. 16. Consider the final plat of Lot 1, Block 1, Stone Myers Business Park and make a recommendation to the City Council. 17. Consider the final plat of Lot 1, Block 1, North Main Place and make a recommendation to the City Council. CONSIDERATION OF MINUTES 18. Consider the minutes of the September 19, 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 13th day of October, 2006 at 5:00 p.m. • / Linda uff / 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 17th day of October, 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 Chris Coy Member Betty "BJ" Wilson Member Becky St. John Member Andrea Roy Alternate constituting a quorum, with Commissioners Herbert Fry, Danette Murray, 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 John F. Boyle, Jr. City Attorney Jodi C. Brown Assistant City Secretary CALL TO ORDER Mayor Pro Tern Ware called the meeting to order at 7:34 p.m. INVOCATION Commissioner Coy delivered the Invocation. Mayor Tate stated the public hearings on Items 2, 4 and 6 will also include a public hearing on the Final Plat for each such case, consistent with Items 4, 7 and 11 on the Commission's Agenda and Items 20, 23 and 27 on the City Council's Agenda. 10/17/06 ITEM 1. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU06-34 FARHAT PLAZA Mayor Tate declared the public hearing open. Development Manager 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. This item was tabled at the September 19, 2006 Council Meeting. Mr. David German 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 one letter of protest was reported. Commissioner Wilson, seconded by Commissioner Roy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Wilson, St. John & Roy Nays: None '"e' Absent: Fry, Murray, Undersander & Lowery Council Member Stewart, seconded by Council Member Johnson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 2. PUBLIC HEARING ZONING APPLICATION Z06-12, PLANNED DEVELOPMENT OVERLAY PD06-08 TOWNHOMES OF WESTGATE PLAZA AND FINAL PLAT OF LOTS 1-39, A, B AND C, BLOCK 1, TOWNHOMES OF WESTGATE Mayor Tate declared the public hearing open. Development Manager Stombaugh advised Zoning Application Z06-12, Planned Development Overlay PD06-08 and the final plat application of Lots 1-39, A, B and C, Block 1, Townhomes of Westgate being a replat of Block 4 and a portion of Block 2, Westgate Plaza had been filed by Townhomes of Westgate Plaza for property located at 2300 Westgate Plaza. The zoning application requests rezoning of approximately 5.12 acres from "CC" Community Commercial District Regulations to "R-TH" Townhouse District pew Regulations. The planned development overlay requested deviation from the front yard $yam 2 10/17/06 setback, rear yard setback, side yard setback requirements and building separation. The property is being platted for a 39 unit townhouse development. Mr. Kosse Maykus requested favorable consideration of the application. The City Council and the Planning & Zoning Commission questioned the fencing adjacent to the property, expressed concern regarding lot lines and open space requirements. Mr. Maykus stated there would be fencing along the eastern property line and the bulk of open space is common usage and not individually owned. Mayor Tate invited guests present to comment regarding the application. The following spoke in support of the project: Ms. Karen Porter, 502 Alamo Trail, representing the Austin Oaks Homeowners Association Ms. Sheree Belanger, 500 Alamo Trail Ms. Amy Goodwin, 2153 Pritchard Drive Commissioner Coy, seconded by Commissioner St. John, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Wilson, St. John & Roy Nays: None Absent: Fry, Murray, Undersander& Lowery Council Member Freed, seconded by Mayor Pro Tem Ware, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 3. PUBLIC HEARING, ZONING APPLICATION Z06-14 ESPREE ANIMAL PRODUCTS Mayor Tate declared the public hearing open. Development Manager Stombaugh reported Zoning Application Z06-14 had been filed by Espree Animal Products requesting rezoning of approximately 1.6 acres located at 3250 Stone Myers Parkway from "BP" Business Park District to "LI" Light Industrial District in order to accommodate pet grooming services in conjunction with an existing manufacturing operation. Mr. Justin Jones requested favorable consideration of the application stating there would be no overnight boarding of animals. There were no questions from the City Council or the Planning & Zoning Commission. 3 10/17/06 Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was one letter of support copied to the Council and Commission. Commissioner St. John, seconded by Commissioner Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Wilson, St. John & Roy Nays: None Absent: Fry, Murray, 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 4. PUBLIC HEARING CONDITIONAL USE APPLICATION CU06-39 GRAPEVINE MEDICAL PARK AND FINAL PLAT OF LOTS 14R, 15R, 16, 17, 18 AND 19, BLOCK 1, TOWNE CENTER ADDITION NO. 2 Mayor Tate declared the public hearing open. Development Manager Stombaugh reported Conditional Use Application CU06-39 and the mow application for the final plat of Lots 14R, 15R, 16, 17, 18 and 19, Block 1, Towne Center Addition No. 2 being a replat of Lots 14 and 15, Block 1, Towne Center Addition No. 2 had been filed by Grapevine Medical Park. The conditional use application requests approval to amend the site plan approved by Ordinance No. 2004-53 for the development of two medical office buildings. The subject property is located at 811 and 819 Ira E. Woods Avenue and is zoned "CC" Community Commercial District Regulations. Mr. Lawrence Cates requested favorable consideration of the applications. 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, Wilson, St. John & Roy Nays: None Absent: Fry, Murray, Undersander & Lowery fflogat Council Member Spencer, seconded by Council Member Johnson, offered a motion to close the public hearing. The motion prevailed by the following vote: , 4 10/17/06 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 5. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU06-40 GRAPEVINE SUZUKI Mayor Tate declared the public hearing open. Development Manager Stombaugh reported Conditional Use Application CU06-40 had been filed by Grapevine Suzuki requesting a conditional use permit to amend the site plan approved by Ordinance No. 2004-35 for an additional pre-owned vehicle sales office building. The subject property is located at 440 State Highway 114 West and is zoned "HC" Highway Commercial District. Mr. Shane Hendricks requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Coy, seconded by Commissioner St. John, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Wilson, St. John & Roy Nays: None Absent: Fry, Murray, Undersander & Lowery 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, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Abstain: Johnson ITEM 6. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU06-41 AND PLANNED DEVELOLPMENT OVERLAY PD06-10 BANK OF THE WEST AND FINAL PLAT OF LOTS 1 AND 2, BLOCK 1, BANK OF THE WEST ADDITION Mayor Tate declared the public hearing open. Development Manager Stombaugh reported Conditional Use Application CU06-41, Planned Development Overlay PD06-10 and application for the final plat of Lots 1 and 2, Block 1, Bank of the West Addition being a replat of Lot 1, Block 1, Elliot's Hardware 5 10/17/06 Addition had been filed by the Bank of the West. The subject property is located at 108 West Northwest Highway. The conditional use application requests to amend the site plan approved by Ordinance No. 2005-101 for the development of a permanent bank building with drive through service. The planned development overlay requests deviation from the setbacks and height restrictions. The subject property is zoned "HC" Highway Commercial District. Mr. Mike Pearce requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Coy, seconded by Commissioner St. John, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Wilson, St. John & Roy Nays: None Absent: Fry, Murray, Undersander & Lowery Mayor Pro Tern Ware, seconded by Council Member Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed ' °§ Nays: None Abstain: Johnson ITEM 7. PUBLIC HEARING CONDITIONAL USE APPLICATION CU06-42 PRONTOWASH Mayor Tate declared the public hearing open. Development Manager Stombaugh reported Conditional Use Application CU06-42 had been filed by ProntoWash requesting a conditional use permit to amend the site plan approved by Ordinance No. 2005-20 for a car washing service in the parking lot near the AMC Theatre. The subject property is located at 3000 Grapevine Mills Parkway and is zoned "CC" Community Commercial District Regulations. Mr. Tony Dixon requested favorable consideration of the application. Note: Council Member Freed left the meeting. City Council and Planning & Zoning Commission questioned the hours and method of operation and the number of employees. Mr. Dixon stated they would be operating during mall hours and employ 3 to 8 people. 6 10/17/06 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, Wilson, St. John & Roy Nays: None Absent: Fry, Murray, Undersander& Lowery Council Member Johnson, seconded by Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed ITEM 8. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU06-44 HORIZON BANK Mayor Tate declared the public hearing open. Development Manager Stombaugh reported Conditional Use Application CU06-44 had been filed by Horizon Bank requesting a conditional use permit for a 1,095 square foot addition to an existing bank with drive through service on property located at 4501 William D. Tate Avenue. The property is zoned "CC" Community Commercial District Regulations. Mr. Robert Kelly requested favorable consideration of the application. Note: Council Member Freed returned to the meeting. 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 Coy, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Wilson, St. John & Roy Nays: None Absent: Fry, Murray, Understand & Lowery 7 10/17/06 Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 9. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU06-45 INTERNATIONAL AIRPORT CENTERS LLC Mayor Tate declared the public hearing open. Development Manager Stombaugh reported Conditional Use Application CU06-45 had been filed by International Airport Centers LLC requesting a conditional use permit for office/warehouse with freight forwarding and outside storage. The subject property is located at 2429 Stone Myers Parkway and is zoned "LI" Light Industrial District. If approved, Mr. Stombaugh advised this would be the first reading of the ordinance as the Building Board of Appeals must consider the applicant's request to allow an eight foot vinyl coated chain link fence in the established front yard for site security. Mr. Daniel Johnson requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Roy, seconded by Commissioner Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Wilson, St. John & Roy Nays: None Absent: Fry, Murray, Understand & Lowery Council Member Stewart, 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 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. 8 10/17/06 ITEM 10. RESOLUTION, SET PUBLIC HEARING DATE, LAND USE ASSUMPTIONS AND WATER AND WASTEWATER CAPITAL IMPROVEMENTS Public Works Director Matt Singleton recommended approval of a resolution setting a public hearing date of December 15, 2006 to consider proposed amendments to the Land Use Assumptions and the Water and Wastewater Capital Improvements Plan. Motion by Council Member Johnson, seconded by Council Member Freed, to approve the resolution setting a public hearing date as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2006-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ESTABLISHING DECEMBER 5, 2006, AS THE HEARING DATE TO CONSIDER AMENDMENTS TO THE LAND USE ASSUMPTIONS AND THE WATER AND WASTEWATER CAPITAL IMPROVEMENTS PLAN; PROVIDING FOR PUBLIC NOTICE OF THE HEARING IN ACCORDANCE WITH STATE LAW AND PROVIDING AN EFFECTIVE DATE ITEM 11. RESOLUTION, SET PUBLIC HEARING DATE, WATER AND WASTEWATER IMPACT FEES Public Works Director Matt Singleton recommended approval of a resolution setting a public hearing date of December 5, 2006 to consider proposed amendments to Water and Wastewater Impact Fees. Motion by Council Member Wilbanks, seconded by Mayor Pro Tern Ware, to approve a resolution setting a public hearing date as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2006-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ESTABLISHING DECEMBER 5, 2006, AS THE HEARING DATE TO CONSIDER AMENDMENTS TO THE WATER AND WASTEWATER IMPACT FEES; PROVIDING FOR PUBLIC NOTICE OF THE HEARING IN ACCORDANCE WITH STATE LAW AND PROVIDING AN EFFECTIVE DATE 9 10/17/06 ITEM 12. RENEW INTERLOCAL AGREEMENT, COLLEYVILLE AND SOUTHLAKE, TEEN COURT PROGRAM Administrative Services Director Bill Gaither recommended approval of the one-year renewal of an interlocal agreement with the cities of Colleyville and Southlake for the Metroport Teen Court Program. Southlake provides office space and administrative services for the Teen Court Coordinator. The cost to Grapevine for Fiscal Year 2007 is $32,364.00. Grapevine has participated in the Teen Court Program since 1994. Motion by Council Member Spencer, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 13. RESOLUTION, EXTEND CONTRACT, LINEBARGER, GOGGAN, BLAIR & SAMPSON, LLP, COLLECTION OF COURT FEES AND FINES SERVICES Administrative Services Director Bill Gaither recommended approval of a resolution authorizing an additional 2-year extension of the contract approved in February 2002 with Linebarger, Goggan, Blair& Sampson, LLP for court fees and fines collection services. Motion by Council Member Freed, seconded by Mayor Pro Tem Ware, to approve as `" recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2006-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, APPROVING AN EXTENSTION OF THE CONTRACT FOR COURT FINES AND FEES COLLECTION SERVICES WITH LINEBARGER, GOGGAN, BLAIR & SAMPSON, L.L.P. AND PROVIDING AN EFFECTIVE DATE CONSENT AGENDA The next order of business for the City Council was to consider the consent agenda items, which were deemed to need little or no discussion and were acted upon as one business item. Mayor Tate asked if there was any member of the audience or the City Council who wished to remove an item from the consent agenda for full discussion. There were none. Item 14. Authorize Extension to Conditional Use Permit CU05-50 Winery on Main , » 10 10/17/06 Acting Development Services Director recommended approval of authorizing a one-year extension to end on August 16, 2007 for Conditional Use Permit CU05-50 for the Winery on Main located at 420 South Main Street for the possession, storage, retail sale and on- and off-premise consumption of alcoholic beverages (wine only) in conjunction with a winery. The property is zoned "CBD" Central Business District. 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 15. Renew Contract, Parks & Recreation Activity Brochure, F. J. Business Forms Parks & Recreation Director recommended approval of renewing the annual contract with F. J. Business Forms for printing of the Parks & Recreation Activity Brochure. Motion by Council 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 16. Consideration of Minutes City Secretary recommended approval of the minutes of the October 3, 2006 City Council meetings. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RECESS AND RECONVENE Mayor Tate announced the City Council would take a brief recess. Upon reconvening in the City Council Chambers, all members of the City Council were present. ITEM 17. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU06-34 FARHAT PLAZA Chairman Oliver reported the Planning & Zoning Commission voted 4-1 for approval of Conditional Use Application CU06-34 filed by Mr. Mike Farhat granting a conditional use 11 1 0/1 7/06 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. Council Member Johnson, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2006-70 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 CU06-34 TO ALLOW A 29-FOOT POLE SIGN IN CONJUNCTION WITH AN EXISTING RETAIL CENTER IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 "" AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 18. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z06-12 TOWNHOMES OF WESTGATE Chairman Oliver reported the Planning & Zoning Commission voted 4-1 to deny Zoning Application Z06-12 filed by Townhomes of Westgate Plaza rezoning of approximately 5.12 acres located at 2300 Westgate Plaza from "CC" Community Commercial District Regulations to "R-TH" Townhouse District Regulations. wow 12 1 0/1 7/06 Mayor Pro Tern Ware, seconded by Council Member Stewart, offered a motion to approve the ordinance granting the rezoning with the condition that the gate be included in the eastern fence line for emergency access to Pritchard Lane. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2006-71 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 Z06-12 ON A TRACT OF LAND OUT OF THE T. EASTER SURVEY, ABSTRACT NO. 458, 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 "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS TO "R-TH" TOWNHOUSE 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 19. PLANNING & ZONING COMMISSION RECOMMENDATION PLANNED DEVELOPMENT OVERLAY PD06-08 TOWNHOMES OF WESTGATE Chairman Oliver reported the Planning & Zoning Commission voted 4-1 to deny Planned Development Overlay PD06-08 filed by Townhomes of Westgate Plaza for a planned development overlay to deviate from the front yard setback, rear yard setback, side yard setback requirements and building separation. The subject property is located at 2300 Westgate Plaza. 13 10/17/06 Council Member Freed, seconded by Council Member Johnson, offered a motion to approve the ordinance granting the planned development overlay with the emergency gate access as stipulated during approval of the zoning ordinance. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2006-72 AN ORDINANCE ISSUING A PLANNED DEVELOPMENT OVERLAY IN ACCORDANCE WITH SECTION 41 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 PLANNED DEVELOPMENT OVERLAY PD06-08 TO INCLUDE BUT NOT BE LIMITED TO DEVIATION FROM THE FOLLOWING REQUIREMENTS: LOT WIDTH RELATIVE TO FRONT ENTRY GARAGE ACCESS, BUILDING COVERAGE, FRONT, REAR AND SIDE YARD SETBACKS, BUFFER AREA, BUILDING SEPARATION, AND SWIMMING POOL SEPARATION 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 PLANNED DEVELOPMENT OVERLAY 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 20. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1-39, A, B AND C, BLOCK 1, TOWNHOMES OF WESTGATE Chairman Oliver reported the Planning & Zoning Commission voted 4-1 to deny the Statement of Findings and the final plat of Lots 1-39, A, B and C, Block 1, Townhomes of omp 14 10/17/06 Westgate being a replat of Block 4 and a portion of Block 2, Westgate Plaza. The 5.123 acre property is located at 2300 Westgate Plaza and is being platted for the development of 39 townhomes. Council Member Johnson, seconded by Council Member Stewart, offered a motion to approve the Statement of Findings and the final plat of Lots 1-39, A, B and C, Block 1, Townhomes of Westgate. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 21. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z06-14 ESPREE ANIMAL PRODUCTS Chairman Oliver reported the Planning & Zoning Commission voted 5-0 for approval of Zoning Application Z06-14 filed by Espree Animal Products granting the rezoning of approximately 1.60 acres located at 3250 Stone Myers Parkway from "BP" Business Park District to "LI" Light Industrial District. Council Member Stewart, seconded by Council Member Johnson, 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. 2006-73 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 Z06-14 ON A TRACT OF LAND OUT OF THE JAMES CATES SURVEY, ABSTRACT NO. 315, 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 "BP" BUSINESS PARK DISTRICT TO "LI" LIGHT INDUSTRIAL 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 15 10/17/06 FINE NOT TO EXCEED THE SUM OF TWO THOUSAND pote 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 22. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU06-39 GRAPEVINE MEDICAL PARK Chairman Oliver reported the Planning & Zoning Commission voted 5-0 for approval of Conditional Use Application CU06-39 filed by Grapevine Medical Park granting a conditional use permit to amend the site plan approved by Ordinance No. 2004-53 for the development of two medical office buildings on property located at 811 and 819 Ira E. Woods Avenue. Council Member Wilbanks, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2006-74 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN a° 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 CU06-39 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2004-53 FOR THE DEVELOPMENT OF TWO MEDICAL OFFICE BUILDINGS IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE 16 10/17/06 DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 23. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 14R, 15R, 16, 17, 18 AND 19, BLOCK 1, TOWNE CENTER ADDITION NO. 2 Chairman Oliver reported the Planning &Zoning Commission voted 5-0 for approval of the Statement of Findings and the final plat of Lots 14R, 15R, 16, 17, 18 and 19, Block 1, Towne Center Addition No. 2. The 11.7071 acre property is being platted for construction of two medical buildings on property located on the southeast corner of Ira E. Woods and William D. Tate Avenue. Council Member Freed, seconded by Mayor Pro Tern Ware, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lots 14R, 15R, 16, 17, 18 and 19, Block 1, Towne Center Addition No. 2. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 24. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU06-40 GRAPEVINE SUZUKI 4 Chairman Oliver reported the Planning & Zoning Commission voted 5-0 for approval of Conditional Use Application CU06-40 filed by Grapevine Suzuki with the condition that the architecture be similar to the new car facility. The conditional use permit amends the site plan approved by Ordinance No. 2004-35 for an additional sales office building. The property is located at 440 State Highway 114 West. Council Member Spencer, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation with the condition that the architecture be similar to the new car facility and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Abstain: Johnson ORDINANCE NO. 2006-75 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 17 1 0/1 7/06 GRANTING CONDITIONAL USE PERMIT CU06-40 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2004-35 BY THE ADDITION OF A SALES OFFICE TO THE AUTOMOTIVE DEALERSHIP 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 25. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU06-41 BANK OF THE WEST Chairman Oliver reported the Planning & Zoning Commission voted 5-0 for approval of Conditional Use Application CU06-41 filed by the Bank of the West granting a conditional use permit to amend the site plan approved by Ordinance No. 2005-101 for the development of a permanent bank building with drive through service on property located at 108 West Northwest Highway. Council Member Stewart, 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, Stewart & Freed Nays: None Abstain: Johnson ORDINANCE NO. 2006-76 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 CU06-41 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE aM 18 1 0/1 7/06 NO. 2005-101 FOR DEVELOPMENT OF A PERMANENT 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 26. PLANNING & ZONING COMMISSION RECOMMENDATION PLANNED DEVELOPMENT OVERLAY PD06-10 BANK OF THE WEST Chairman Oliver reported the Planning & Zoning Commission voted 5-0 for approval of Planned Development Overlay PD06-10 filed by the Bank of the West granting a planned development overlay to deviate from setbacks and height restrictions. The subject property is located at 108 West Northwest Highway. Council Member Stewart, seconded by Mayor Pro Tern Ware, offered a motion to accept the Commission's recommendation and approve the ordinance granting the planned development overlay. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Abstain: Johnson ORDINANCE NO. 2006-77 AN ORDINANCE ISSUING A PLANNED DEVELOPMENT OVERLAY IN ACCORDANCE WITH SECTION 41 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 PLANNED DEVELOPMENT OVERLAY PD06-10 TO INCLUDE BUT NOT BE LIMITED TO DEVIATION FROM THE FOLLOWING REQUIREMENTS: FRONT AND SIDE YARD SETBACKS, AND BUILDING HEIGHT ALL IN ACCORDANCE WITH A 19 10/17/06 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 PLANNED DEVELOPMENT OVERLAY 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 LOTS 1 AND 2, BLOCK 1, BANK OF THE WEST Chairman Oliver reported the Planning & Zoning Commission voted 5-0 for approval of the Statement of Findings and the final plat of Lots 1 and 2, Block 1, Bank of the West Addition. The 4.568 acre property is located on the northwest corner of Northwest Highway and North Main Street and is being platted for a new bank's headquarters on Lot 1. Council Member Stewart, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lots 1 and 2, Block 1, Bank of the West Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Abstain: Johnson ITEM 28. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU06-42 PRONTOWASH Chairman Oliver reported the Planning & Zoning Commission voted 5-0 for approval of Conditional Use Application CU06-42 filed by ProntoWash granting a conditional use permit to amend the site plan approved by Ordinance No. 2005-20 for a car washing service in the parking lot near the AMC Theatre at Grapevine Mills Mall, 3000 Grapevine Mills Parkway. Following discussion regarding the proposed facility, Mayor Pro Tem Ware, seconded by Council Member Freed, offered a motion to table the item to the November 7, 2006 meeting. The motion prevailed by the following vote: 20 10/17/06 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 29. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU06-44 HORIZON BANK Chairman Oliver reported the Planning & Zoning Commission voted 5-0 for approval of Conditional Use Application CU06-44 filed by Horizon Bank granting a conditional use permit for an addition to an existing bank with drive through service on property located at 4501 William D. Tate Avenue. Council Member Johnson, seconded by Council Member Stewart, 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. 2006-78 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 may;- KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU06-44 FOR AN ADDITION TO AN EXISTING BANK WITH DRIVE THROUGH SERVICE IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE 21 10/17/06 ITEM 30. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU06-45 INTERNATIONAL AIRPORT CENTERS LLC Chairman Oliver reported the Planning & Zoning Commission voted 5-0 for approval of Conditional Use Application CU06-45 filed by International Airport Centers LLC granting a conditional use permit for an office/warehouse with freight forwarding and outside storage on property located at 2429 Stone Myers Parkway. Council Member Wilbanks, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the first reading of an ordinance approving the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 31. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT LOTS 1-4, BLOCK 1, STONE MYERS BUSINESS PARK Chairman Oliver reported the Planning & Zoning Commission voted 5-0 for approval of the Statement of Findings and the preliminary plat of Lots 1-4, Block 1, Stone Myers Business Park. The 32.57 acre property is located east of Stone Myers Parkway and north of Westport Parkway and is being platted for an office/warehouse development on Lot 1. Council Member Spencer, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the preliminary plat of Lots 1-4, Block 1, Stone Myers Business Park. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 32. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1, BLOCK 1, STONE MYERS BUSINESS PARK Chairman Oliver reported the Planning & Zoning Commission voted 5-0 for approval of the Statement of Findings and the final plat of Lot 1, Block 1, Stone Myers Business Park. The 18.699 acre property is located east of Stone Myers Parkway and north of Westport Parkway and is being platted for an office/warehouse development on Lot 1. 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 1, Block 1, Stone Myers Business Park. The motion prevailed by the following vote: 22 10/17/06 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 33. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1, BLOCK 1, NORTH MAIN PLACE Chairman Oliver reported the Planning & Zoning Commission voted 5-0 for approval of the Statement of Findings and the final plat of Lot 1, Block 1, North Main Place. The 0.684 acre property is located on the northwest corner of Wildwood Court and North Main Street and is being platted to expand a parking lot and building. Council Member Stewart, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 1, Block 1, North Main Place. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ADJOURNMENT Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 10:40 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 7th day of November, 2006. APPROVED: William D. Tate Mayor ATTEST: Linda Huff It City Secretary 23