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HomeMy WebLinkAbout1994-10-18 Joint Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, OCTOBER 18, 1994 AT 7:15 P.M. CONFERENCE ROOM #204 307 WEST DALLAS ROAD CALL TO ORDER EXECUTIVE SESSION 1 . City Council to conduct a closed session relative to: A. Pending or contemplated litigation (relative to the Dallas/Fort Worth International Airport Board's decision relative to proposed Runway 16/34 West) under Section 551 .071, Texas Government Code. City Council to reconvene in open session and take any necessary action relative to pending or contemplated litigation under Section 551 .071, Texas Govemment 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) 481-0392 AT LEAST 24 HOURS IN ADVANCE OF THE MEETING. REASONABLE ACCOMMODATIONS WILI 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 14TH DAY OF OCTOBER, 1994 AT 5:00 P.M. Lind Huff City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Special Session on this the 18th day of October, 1994 at 7:15 p.m. in Conference Room #204, 307 West Dallas Road, with the following members present to-wit: William D. Tate Mayor Ted R. Ware Mayor Pro Tem C. Shane Wilbanks Council Member Gil Traverse Council Member Jerry L. Pittman Council Member constituting a quorum, with Council Member Sharron Spencer and Council Member Will Wickman absent, with the following members of the City Staff: Trent Petty City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary David Tesmer Assistant to City Manager CALL TO ORDER Mayor Tate called the meeting to order at 7:21 p.m. ITEM 1 . EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding pending or contemplated titigation relative to Dallas/Fort Worth International Airport Board's decision relative to proposed Runway 16/34 West under Section 551 .071, 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 Trent Petty stated there was no action necessary relative to pending or contemplated litigation relative to Dallas/Fort Worth International Airport Board's decision relative to proposed Runway 16/34 West under Section 551 .071, Texas Government Code. � NOTE: City Council continued with the Regular City Council meeting. Council Member Wickman arrived at 7:30 p.m. 10/18/94 ADJOURNMENT ' Council Member Wickman, seconded by Mayor Pro Tem Ware, offered a motion to adjourn the meeting at 10:15 p.m. The motion prevailed by the following vote: Ayes : Tate, Ware, Wilbanks, Traverse, Pittman & Wickman Nays : None Absent : Spencer PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 1 st day of November , 1994. APPROVED: � �- William D. Tate Mayor ATTEST: Lind Huff City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL & PLANNING & ZONING COMMISSION MEETING TUESDAY, OCTOBER 18, 1994 AT 7:30 P.M. COUNCIL CHAMBERS - MUNICIPAL COURT ROOM #205 307 WEST DALLAS ROAD CALL TO ORDER INVOCATION: Commission Member Steve Stamos PRESENTATION 1 . Captain Monty Moore of the Grapevine Police Department to present red ribbons to City Council to promote Drug Awareness Week, October 23 - 29, 1994. JOINT PUBLIC HEARINGS 2. City Council and Planning & Zoning Commission to conduct a public hearing relative to Zoning Application Z94-12, Conditional Use Application CU94-29 and final plat application submitted by La Buena Vida Vineyards for property located at 416 East College Street. Zoning Application Z94-12 requests rezoning of 1 .80 acres from "R-7.5" Single-Family Residential District Regulations within the Historic Landmark District HL93-01 to "GV" Grapevine Vintage District Regulations. Conditional Use Application CU94-29 requests a waiver to specific requirements of Section 47E.2 pursuant to Section 47F of Ordinance No. 82-73, as amended, and requesting a conditional use permit to allow a wine tasting facility with the possession, storage, retail sale and on- premise and off-premise consumption of alcoholic beverages (wine only). The ' final plat application is for Lots 1R3, Block 22R1, Original Town of Grapevine being a replat of Lot 1 R, Block 22R; Lots 1 R1 & 1 R2, Block 23R; and portions of Lots 3 & 4, Block 23, Original Town of Grapevine. 3. City Council and Planning & Zoning Commission to conduct a public hearing relative to Zoning Application Z94-13 submitted Dunaway Associates, Inc. for 121 & Hall-Johnson Partners, L.P. requesting rezoning of 1 .598 acres from "R-MF-2" Multi-Family District Regulations to "CN" Neighborhood Commercial District Regulations for property located at 2551 Hall-Johnson Road. 4. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU94-25 and final plat application of Lots 1 R & 2, Block 2, The CrossRoads of DFW being a replat of Lot 1, Block 2, the CrossRoads of DFW. The applications were submitted by Red Robin Restaurant requesting a waiver to specific requirements of Section 47E.2 pursuant to Section 47F of Ordinance No. 82-73, as amended, and requesting a conditional use permit for an amendment to a site plan approved by Ordinance No. 94-83 to allow the possession, storage, retail sale and on- premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with the operation of a restaurant at 1701 Cross Roads Drive in a district zoned "CC" Community Commercial District Regulations with a conditional use for a Planned Commercial Center. 5. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU94-27 submitted by Star Enterprises requesting a waiver to specific requirements of Section 47E.2 pursuant to Section 47F of Ordinance No. 82-73, as amended and requesting a conditional use permit to allow the possession, storage, retail sale and off-premise consumption of alcoholic beverages (beer and wine only) in conjunction with the operation of convenience store with gasoline sales and a car wash on property located at 5351 William D. Tate Avenue in a district zoned "CC° Community Commercial. 6. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU94-28 submitted by Racetrac Petroleum requesting a waiver to specific requirements of Section 47E.2 pursuant to Section 47F of Ordinance No. 82-73, as amended, and requesting a conditional use permit to allow the possession, storage, retail sale and off- ' premise consumption of alcoholic beverages (beer and wine only) in conjunction with the operation of a convenience store with gasoline sales on property located at 2151 Ira E. Woods Avenue in a district zoned "LI" Light Industrial ' District Regulations. END OF JOINT PUBLIC HEARINGS Planning & Zoning Commission to recess to Conference Room #204 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) 481-0392 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 14TH DAY OF OCTOBER, 1994 AT 5:00 P.M. Lmd Huff City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, OCTOBER 18, 1994 AT 7:30 P.M. COUNCIL CHAMBERS - MUNICIPAL COURT ROOM #205 307 WEST DALLAS ROAD CITIZENS REQUEST PUBLIC HEARING 7. City Council to conduct a public hearing relative to amending the franchise fee for Lone Star Gas, consider first reading of an ordinance amending Ordinance No. 86-05 relative to Lone Star Gas franchise fee and take any necessary action. 8. City Council to conduct a public hearing relative to the proposed realignment of the Main Street Intersection with Northwest Highway and take any necessary action. NEW BUSINESS 9. Consider an ordinance amending the rates charged for residential and commercial gas service provided by Lone Star Gas 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. 10. Consider a resolution authorizing the City's participation in Hazardous Household Waste Day on October 29, 1994. Interim Internal Services Director ' recommends approval. 11 . Consider an ordinance amending Chapter 7, Article IX, Flood Damage Prevention, in its entirety to meet the revised requirements of the National Flood Insurance Program (NFIP) as a condition for continued participation in the program. Public Works Director recommends approval. 12. Consider approval of a Ground Lease with the First Baptist Church granting the Church exclusive rights to utilize the multi-use parking facility planned at Wall Street and Jenkins Street on Sundays in exchange for the Church agreeing to fund the cost of labor and materials for City crews to construct said facility. Public Works Director recommends approval. 13. Consider accepting the dedication of a tract of property located at 924 Pine Street from Mr. & Mrs. Ken H. Dieffenbach and authorize the expenditure of funds for the costs associated with closing on this property dedication. Public Works Director recommends approval. 14. Consider approval of the minutes of the October 4, 1994 City Council meeting. 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 15. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z94-12 (La Buena Vida Vineyards) and a subsequent ordinance, if applicable. 16. Consider the recommendation of the Planning &Zoning Commission relative to Conditional Use Application CU94-29 (La Buena Vida Vineyards) and a subsequent ordinance, if applicable. 17. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lot 1 R3, Block 22R1, Original Town of Grapevine being a replat ' of Lot 1 R, Block 22R; Lots 1 R1 & 1 R2, Block 23R; and portions of Lots 3 & R, Block 23, Original Town of Grapevine and take any necessary action. 18. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z94-13 (121 & Hall-Johnson Partners, L.P.1 and a subsequent ordinance, if applicable. 19. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU94-25 (Red Robin Restaurant) and a subsequent ordinance, if applicable. 20. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lots 1 R & 2, Block 2, The CrossRoads of DFW being a replat of Lot 1, Block 2, The CrossRoads of DFW and take any necessary action. 21 . Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU94-27 (Star Enterprises) and a subsequent ; ordinance, if applicable. 22. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU94-28 (Racetrac) and a subsequent ordinance, if applicable. 23. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lot 1 , Block 1 , Grapevine Kawasaki Addition and take any necessary action. 24. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Stonewood Phase II and take any necessary action. ' 25. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lot 1, Block 1, Rose Plaza and take any necessary action. 26. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lot 1, Block 1, Bowles Addition and take any necessary action. 27. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lot 4, Block 1 , DFW Business Park and take any necessary action. 28. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lots 2 & 3, Block 1, Mulberry Square and take any necessary action. MISCELLANEOUS REPORTS AND/OR DISCUSSION 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) 481-0392 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 14TH DAY OF OCTOBER, 1994 AT 5:00 P.M. Linda Huff City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, OCTOBER 18, 1994 AT 7:30 P.M. CONFERENCE ROOM #204 307 WEST DALLAS ROAD NEW BUSINESS 1 . Consider Zoning Application Z94-12 (La Buena Vida Vineyardsl and make a recommendation to the City Council. 2. Consider Conditional Use Application CU94-29 (La Buena Vida Vineyards) and make a recommendation to the City Council. 3. Consider the final plat of Lot 1R3, Block 22R1, Original Town of Grapevine being a replat of Lot 1 R, Block 22R; Lots 1 R1 & 1 R2, Block 23R; and portions of Lots 3 & R, Block 23, Original Town of Grapevine and make a recommendation to the City Council. 4. Consider Zoning Application Z94-13 (121 & Hall-Johnson Partners, L.P.) and make a recommendation to the City Council. : 5. Consider Conditional Use Application CU94-25 (Red Robin Restaurant) and make a recommendation to the City Council. 6. Consider the final plat of Lots 1 R & 2, Block 2, The CrossRoads of DFW being a replat of Lot 1, Block 2, The CrossRoads of DFW and make a recommendation to the City Council. 7. Consider Conditional Use Application CU94-27 IStar Enterprises) and make a recommendation to the City Council. 8. Consider Conditional Use Application CU94-28 (Racetrac) and make a recommendation to the City Council. 9. Consider the final plat of Lot 1, Block 1, Grapevine Kawasaki Addition and make a recommendation to the City Council. 10. Consider the final plat of Stonewood Phase 11 and make a recommendation to the City Council. 11 . Consider the final piat of Lot 1, Block 1, Rose Plaza and make a recommendation to the City Council. 12. Consider the final plat of Lot 1, Block 1, Bowles Addition and make a recommendation to the City Council. 13. Consider the final plat of Lot 4, Block 1, DFW Business Park and make a recommendation to the City Council. 14. Consider the final plat of Lots 2 & 3, Block 1, Mulberry Square and make a recommendation to the City Council. CONSIDERATION OF MINUTES 15. Consider the minutes of the September 20, 1994 Planning & Zoning meeting , and take any necessary action. MISCELLANEOUS REPORTS AND/OR DISCUSSION ' ADJOURNMENT IF YOU PLAN TO ATTEND THIS PUBLIC MEETING AND YOU HAVE A DISABIUTY THAT REQUIRES SPECIAL ARRANGEMENTS AT THE MEETING, PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT (817) 481-0392 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 14TH ' DAY OF OCTOBER, 1994 AT 5:00 P.M. Lind Huff City Secretary ,I � I : � STATE OF TEXAS ; ;; ; COUNTY OF TARRANT � ` '' ` CITY OF GRAPEVINE �� The City Council and the Planning & Zoning Commission of the City of Grapevine, Texas met in Regular Joint Session on this the 18th day of October, 1994 at 7:30 p.m. in the Council Chambers, Municipal Court Room #205, 307 West Dallas Road, with the following members of the City Council present to-wit: William D. Tate Mayor Ted R. Ware Mayor Pro Tem C. Shane Wilbanks Council Member Gil Traverse Council Member Jerry L. Pittman Council Member Will Wickman Council Member constituting a quorum, with Council Member Sharron Spencer absent, with the following members of the Planning & Zoning Commission: Ron Cook Chairman Cathy Martin Member Curtis Young Member � Steve Stamos Member ` Marvin Balvin Member Kathy Martinez Member Stephen Newby 1 st Alternate Kristin Antilla 2nd Altemate constituting a quorum, with Commission Member Larry Oliver absent, with the following members of the City Staff: Trent Petty City Manager John F. Boyle, Jr. City Attomey Linda Huff City Secretary David Tesmer Assistant to City Manager CALL TO ORDER Mayor Tate called the meeting to order at 7:40 p.m. INVOCATION Commissioner Stamos delivered the Invocation. 10/18/94 ITEM 1 . PRESENTATION. DRUG AWARENESS WEEK Sergeant Bill Peggs of the Grapevine Police Department presented red ribbons to the Grapevine City Council and Planning & Zoning Commission in recognition of Drug � Awareness Week, October 23-29, 1994. The Police Department will distribute 12,000 red ribbons for all students in Grapevine/Colleyville Independent School � District during Red Ribbon Week. � � � ITEM 2. PUBLIC HEARING, ZONING APPLICATION Z94-12, CONDITIONAL USE APPLICATION CU94-29 AND FINAL PLAT APPLICATION, LOTS 1 R3, BLOCK 22R1 . ORIGINAL TOWN OF GRAPEVINE, REPLAT OF LOT 1 R. BLOCK 22R• LOTS 1 R1 &1 R2 BLOCK 23R AND PORTIONS OF LOTS 3 & 4, BLOCK 23. ORIGINAL TOWN OF GRAPEVINE, LA BUENA VIDA VINEYARDS Mayor Tate declared the public hearing open. Planner Marcy Ratcliff advised La Buena Vida Vineyards had filed Zoning Application Z94-12 requesting rezoning of 1 .8 acres from "R-7.5" Single-Family Residential District Regulations within the Historic Landmark District to "GV" Grapevine Vintage District Regulations on property located at 416 East College Street. Ms. Ratcliff . ' advised the applicant submitted Conditional Use Permit CU94-29 requesting a waiver to specific requirements of Section 47E.2 pursuant to Section 47F of Ordinance No. 82-73, as amended, and requested a conditional use permit to allow a wine tasting facility with the possession, storage, retail sale and on-premise consumption of alcoholic beverages (wine only). Ms. Ratcliff stated the applicant also filed a final plat application for Lots 1 R3, Block 22R1 , Original Town of Grapevine being a replat of Lot 1 R, Block 22R; Lots 1 R1 & 1 R2, Block 23R; and portions of Lots 3 & 4, Block ' 23, Original Town of Grapevine. She advised the applicant will utilize the 3,062 square foot existing buildings for a tasting room and bonded wine store. Also proposed is a masonry and tubular steel fence along the 30 foot front building line and ' a six foot wooden fence along the sides and rear of the subject property. There will ' be 44 parking spaces (38 required). The Historic Preservation Commission by a vote ' of 4-0 on October 12, 1994 granted a certificate of appropriateness to the applicant. Dr. Bobby Smith presented a brief overview of the history of La Buena Vida Vineyards. He stated that the vineyard operations would remain in Springtown and that the facility at 416 East College Street would only be a wine tasting facility. He further stated that all commercial traffic to the property would be through the entrance on Hudgins Street with the public entrances on College Street. Dr. Smith requested favorable consideration of the applications. There were no questions from the City Council or the Planning & Zoning Commission. 2 10/18/94 Mayor Tate invited guests present to comment regarding the apptications. The following people spoke in opposition to the rezoning, conditional use permit and final plat application: 1 . Ms. Deborah Hart 2. Ms. Jerry Sheeran 703 Peach Court 2080 Brookgate Drive 3. Ms. Suzanne Eisenstark 4. Rev. Carol Record 4712 Briarcroft 3905 West Forrest, Ft Worth 5. Mr. Wallace Craig 6. Ms. Denise Gasmire 1149 Precinct Line, Hurst 1214 Woodmoor Court 7. Mr. Johnny McCollum 8. Mr. John Bartley 415 East College 415 East College (landowner) 9. Ms. Deb Hinton 10. Mr. Irv Bowling 5107 Shadow Glen 522 South Dooley : 11 . Ms. Diane Mcllvoy 949 Meadowbrook Those speaking against the applications expressed concerns regarding increased traffic and alcoholic beverage sales in a residential neighborhood. Concerns were also noted that possibly additional winery facilities would want to locate in the historical residential areas of the City and erode the integrity of the family and neighborhoods. Speakers requested the subject property remain residential and suggested that a church being relocated on the site would be the best utilization of the property. It was also noted that the commercial area along State Highway 121 would be better suited for development of winery facilities. The following citizens spoke in favor of the rezoning, conditional use permit and final plat applications: ' 1 . Mr. Henry Jones 2. Ms. Joan Pierce 409 East Hudgins 518 & 530 East Franklin (landowner) 3. Mr. James Swinney 4. Mr. Gary Blagg 305 Bluebonnet 520 Ridge Road 5. Ms. Wendy Betka 6. Mr. Kas Szymankiewscz Off The Vine, Main Street 307 East College � 7. Mr. Don Bigbie 4 Windy Knoll 3 10/18/94 Comments in support of the development of the wine tasting facility were the preservation of an existing structure, enhancements to the neighborhood, and additional jobs. One resident stated that the current mix of residential/commercial on College Street has not created traffic flow problems in the neighborhood. It was noted that wineries have been encouraged to relocate to the City of Grapevine and denial of the applications would send a different message to the wine industry. City Secretary Huff reported there were eight letters received supporting and one letter received opposing the applications. The following letter was then read in to the record: -------------------------------------------------------------------------------------------------------------------- ; The Dorris House Cafe 224 East College Street Grapevine, Texas 76051 10/18/94 To Mayor Tate, City Council and Planning & Zoning Commission: Ed and I would like to express our support for La Buena Vida's planned tasting ; room on College Street. After having met Mr. Smith and having the opportunity to see his plans for the property, we are convinced that this business would benefit Grapevine and the College Street Historic District Neighborhood. The attention to nice landscaping and to routing traffic through ' the back of the property show his concern for the homeowners in this area. It is our impression that the tasting room will be a quiet business that the i neighbors and the public at large will enjoy having here in Grapevine. Sincerely, Martha Lube ' ------------------------------------------------------------------------------------------------------------------------ Commissioner Stamos, seconded by Commissioner Young, offered a motion to close the public hearing. The motion prevailed by the following vote: , Ayes : Cook, Martin, Young, Stamos, Martinez & Newby Nays : None Abstain : Balvin Absent : Oliver Council Member Pittman, seconded by Mayor Pro Tem Ware, offered a motion to close the public hearing. The motion prevailed by the following vote: ' Ayes : Tate, Ware, Wilbanks, Traverse, Pittman & Wickman Nays : None Absent : Spencer , 4 10/18/94 ITEM 3. PUBLIC HEARING, ZONING APPLICATION Z94-13 DUNAWAY ASSOCIATES, INC. Mayor Tate declared the public hearing open. Planner Marcy Ratcliff advised Zoning Application Z94-13 had been submitted by Dunaway Associates, Inc. for 121 & Hall-Johnson Partners, L.P. requesting rezoning of 1 .598 acres from "R-MF-2" Multi-Family District Regulations to "CN" Neighborhood Commercial District Regulations for property located at 2551 Hall-Johnson Road. Ms. Ratcliff advised the applicant has requested to withdraw the zone change request to address the concerns of the surrounding property owners. ; Commissioner Martin, seconded by Commissioner Young, offered a motion to allow the applicant to withdraw the application. The motion prevailed by the following vote: Ayes : Cook, Martin, Young, Stamos, Balvin, Martinez & Newby Nays : None Absent : Oliver Mayor Pro Tem Ware, seconded by Council Member Wilbanks, offered a motion to allow the applicant to withdraw the application. The motion prevailed by the following vote: Ayes : Tate, Ware, Wilbanks, Traverse, Pittman & Wickman Nays : None Absent : Spencer ITEM 4. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU94-25 AND FINAL PLAT APPLICATION LOTS 1 R & 2, BLOCK 2, THE CROSSROADS OF DFW, REPLAT OF LOT 1 . BLOCK 2, THE CROSSROADS OF DFW. RED ROBIN RESTAURANT Mayor Tate declared the public hearing open. Planner Marcy Ratcliff advised Conditional Use Application CU94-25 had been filed by Red Robin Restaurant requesting a waiver to specific requirements of Section 47E.2 pursuant to Section 47F of Ordinance No. 82-73, as amended, and requesting a conditional use permit for an amendment to a site plan approved by Ordinance No. 94-83 to allow the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with the operation of a restaurant at 1701 CrossRoads Drive in a district zoned "CC" Community Commercial District Regulations with a conditional use for a Planned Commercial Center. The proposed restaurant will contain 7,485 square feet and has , an occupancy load of 360 persons. There will be 121 parking spaces (120 requiredl. 5 10/18/94 Ms. Ratcliff advised the final plat application of Lots 1 R & 2, Block 2, The CrossRoads . of DFW being a replat of Lot 1 , Block 2, The CrossRoads of DFW is to divide the existing lot into two lots for development of the Red Robin Restaurant. The property is located on the south side of CrossRoads Drive at William D. Tate Avenue. Ms. Cindy Pruzinsky, on behalf of Red Robin Restaurant, 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 applications. No one wished to speak and there was no correspondence to report. Commissioner Newby, seconded by Commissioner Balvin, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes : Cook, Martin, Young, Stamos, Balvin, Martinez & Newby ' Nays : None Absent : Oliver Council Member Wilbanks, seconded by Mayor Pro Tem Ware, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes : Tate, Ware, Wilbanks, Traverse, Pittman & Wickman Nays : None Absent : Spencer ITEM 5. PUBLIC HEARING CONDITtONAL USE APPLICATION CU94-27 STAR ENTERPRISES ' Mayor Tate declared the public hearing open. ' Planner Marcy Ratcliff advised Conditional Use Application CU94-27 had been filed by Star Enterprises requesting a waiver to specific requirements of Section 47E.2 pursuant to Section 47F of Ordinance No. 82-73, as amended and requesting a conditional use permit to allow the possession, storage, retail sale and off-premise consumption of alcoholic beverages (beer and wine only) in conjunction with the operation of a convenience store with gasoline sales and a car wash on property located at 5351 William D. Tate Avenue in a district zoned "CC" Community Commercial. A 3,486 square foot convenience store with eight parking spaces (seven required) is proposed to be developed with the car wash located at the rear of the store. 6 10/18/94 Mr. Bob Norton, of Star Enterprises, requested favorabie consideration of the application. He stated there were no plans to have diesel truck service. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak. City Secretary Huff reported there were two letters received opposing the application. Commissioner Young, seconded by Commissioner Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes : Cook, Martin, Young, Stamos, Balvin, Martinez & Newby Nays : None Absent : Oliver Council Member Traverse, seconded by Mayor Pro Tem Ware, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes : Tate, Ware, Wilbanks, Traverse, Pittman & Wickman Nays : None Absent : Spencer ITEM 6. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU94-28. RACETRAC PETROLEUM Mayor Tate declared the public hearing open. Planner Marcy Ratcliff advised Conditional Use Application CU94-28 had been filed by Racetrac Petroleum requesting a waiver to specific requirements of Section 47E.2 pursuant to Section 47F of Ordinance No. 82-73, as amended, and requesting a conditional use permit to allow the possession, storage, retail sale and off-premise consumption of alcoholic beverages (beer and wine only) in conjunction with the operation of a convenience store with gasoline sales on property located at 2151 Ira E. Woods Avenue in a district zoned "LI" Light Industrial District Regulations. A 3,040 square foot convenience store with six pump islands and 17 parking spaces (15 required) is proposed to be developed. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the applications. 7 10/18/94 '' Mr. Chris Wilkinson, owner of Mustang Elite Car Wash, stated his support of the proposed application but expressed concern that the City was now requiring him to ' participate in the construction of a left turn lane on State Highway 26 to accommodate traffic that will be generated by Racetrac Petroleum. Mr. Wilkinson stated that his project had been approved by the City Council in July, 1994 and that a left turn lane was not required and not a condition of the approval of his application. ; City Manager Petty responded that Mr. Wilkinson would not be required to participate in the construction of the left turn lane, that it would be the responsibility of Racetrac Petroleum. Commissioner Young, seconded by Commissioner Stamos, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes : Cook, Martin, Young, Stamos, Balvin, Martinez & Newby Nays : None Absent : Oliver ' Council Member Pittman, seconded by Council Member Wickman, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes : Tate, Ware, Wilbanks, Traverse, Pittman & Wickman Nays : None Absent : Spencer RECESS AND RECONVENE Mayor Tate announced the Planning & Zoning Commission would recess to Conference Room #204 to consider published business. The City Council remained in session in the Council Chambers to consider published business. ' ITEM 6A. CITIZENS REQUEST MS. JOANN WEBSTER Ms. Joann Webster, 3028 Laurel Creek Drive, addressed the City Council concerning her objections to the adult pay-for-view movie channels that are available on Paragon Cable. She requested the City tal<e whatever action possible to prevent young people from being able to just dial in their home phone numbers to receive adult rated movies from Paragon Cable. City Manager Petty responded that Paragon Cable would be contacted regarding the issue. 8 10/18/94 ITEM 7. PUBLIC HEARING. PROPOSED AMENDMENTS. LONE STAR GAS COMPANY FRANCHISE FIRST READING. ORDINANCE, INCREASE FRANCHISE FEE Mayor Tate declared the public hearing open. City Manager Petty requested the City Council consider amending the Lone Star Gas Company franchise by increasing the franchise fee from 3% to 4% of gross receipts. He stated that Lone Star Gas Company has consolidated the Grapevine Distribution System into the Mid-Cities Distribution System and plans to bring all twelve cities into one rate plan. He stated the increase in the franchise fee will not impact any customers because Lone Star Gas Company has included standardizing rates in its recent rate case filing. Mr. Petty requested the City Council consider adopting the first reading of the ordinance amending the franchise fee. There were no questions from the City Council. Mayor Tate invited guests present to comment regarding the proposed franchise fee increase. No one wished to speak and there was no correspondence to report. Mayor Pro Tem Ware, seconded by Council Member Traverse, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes : Tate, Ware, Wilbanks, Traverse, Pittman & Wickman Nays : None Absent : Spencer Council Member Pittman, seconded by Council Member Wilbanks, offered a motion to adopt the first reading of the ordinance amending the franchise fee from 3% to 4%. The motion prevailed by the following vote: Ayes : Tate, Ware, Wilbanks, Traverse, Pittman & Wickman Nays : None Absent : Spencer ITEM 8. PUBLIC HEARING MAIN STREET AT NORTHWEST HIGHWAY REALIGNMENT Mayor Tate declared the public hearing open. : Public Works Director Jerry Hodge introduced Mr. Gary Bailey, of Boyle Engineering, who reviewed the proposed realignment of Northwest Highway and Main Street. The realignment will eliminate the existing offset intersection and will improve the efficiency of the intersection when Northwest Highway is widened to a five lane section. Mr. Hodge advised the proposal had been presented to the Northwest 9 10/18/94 Highway Committee and there was no opposition expressed regarding the proposal. Mayor Tate invited guests present to comment regarding the plan. Mr. George Cero, 104 Jenkins Street, stated his support of the proposal. He expressed concern regarding the traffic triangle at the intersection of Jenkins Street and Northwest Highway and the impact it would have on traffic entering Jenkins Street from Northwest Highway. Dr. Don Gerschick, 113 South Main Street, expressed his support of the realignment plan. Mr. Bruce Rider, 325 West Worth Street, questioned whether pedestrian safety had been addressed in the proposal. Public Works Director Hodge stated that the plan meets ADA requirements for pedestrians. Council Member Pittman, seconded by Council Member Wickman, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes : Tate, Ware, Wilbanks, Traverse, Pittman & Wickman Nays : None Absent : Spencer , There was no action taken by the City Council regarding the proposal for the intersection of Northwest Highway and Main Street. , ITEM 9. ORDINANCE, ADOPT LONE STAR GAS COMPANY RATE PLAN City Manager Petty requested the City Council consider an ordinance adopting the rate plan submitted by Staff for Lone Star Gas Company. A rate increase request was filed with the City in May. The City Council then authorized Staff to join the Steering Committee of Lone Star Gas Mid-Cities Distribution System to evaluate Lone Star Gas Company 's proposal and to negotiate a settlement, if warranted. The proposed plan reflects maintaining the residential customer charge at 55.00 and increasing the ; commercial customer charge from 58.00 to 512.00. Lone Star Gas Company Representative Vernie Henderson addressed the City Council : regarding the rate increase request filed with the City. Mayor Pro Tem Ware, seconded by Council Member Traverse, offered a motion to adopt the ordinance revising the rates for residential and commercial service provided by Lone Star Gas Company. The motion prevailed by the following vote: 10 10/18/94 Ayes : Tate, Ware, Wilbanks, Traverse & Wickman Nays : Pittman Absent : Spencer ORDINANCE N0. 94-86 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ' GRAPEVINE, TEXAS REVISING THE RATES OF LONE STAR GAS COMPANY IN THE CITY OF GRAPEVINE, TEXAS; PROVIDING FOR CONDITIONS AND REPEAL OF CONFLICTING ORDINANCES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE CONSENT AGENDA The next order of business for the City Council was to consider the consent agenda items, which were deemed to need little or no discussion and were acted upon as one business item. Mayor Tate asked if there was any member of the audience or the City Council who wished to remove an item from the consent agenda for full discussion. There were none. ; Item 10. Resolution. Authorize Hazardous Household Waste Day Interim Internal Services Director recommended approval of a resolution authorizing the City's participation with the City of Fort Worth for Hazardous Household Waste Day on October 29, 1994. Council Member Wickman, seconded by Council Member Traverse, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes : Tate, Ware, Wilbanks, Traverse, Pittman & Wickman Nays : None Absent : Spencer RESOLUTION N0. 94-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS PROVIDING FOR ENVIRONMENTAL INDEMNIFICATION FOR CITIES' PARTICIPATION IN THE HOUSEHOLD HAZARDOUS WASTE COLLECTION DAY SPONSORED BY THE CITY OF FORT WORTH AND PROVIDING FOR AN EFFECTIVE DATE 11 § 10/18/94 Item 11 . Ordinance, Amend Chapter 7, Article IX Flood Damage Prevention Public Works Director recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 7 Buildings and Construction, Article IX Flood Damage Prevention in its entirety to meet the revised requirements of the National Flood Insurance Program (NFIP) as a condition for continued participation in the program. Council Member Wickman, seconded by Council Member Traverse, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes : Tate, Ware, Wilbanks, Traverse, Pittman & Wickman Nays : None ' Absent : Spencer ORDINANCE N0. 94-87 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE CODE OF ' ORDINANCES BY AMENDING ARTICLE IX OF CHAPTER 7 RELATING TO FLOOD DAMAGE PREVENTION IN ITS ENTIRETY; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS (5200.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED ' UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Item 12. A�prove Ground Lease. Wall Street Multi-Use Parking Facility, First , Baptist Church Public Works Director recommended approval of a Ground Lease with the First Baptist Church granting the Church exclusive rights to utilize the multi-use parking facility planned at Wall Street and Jenkins Street on Sundays in exchange for the Church , agreeing to fund the cost of labor and materials for City crews to construct said facility. Council Member Wickman, seconded by Council Member Traverse, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes : Tate, Ware, Wilbanl<s, Traverse, Pittman & Wickman ' Nays : None Absent : Spencer 12 10/18/94 Item 13. Accept Donation of Prooerty 924 Pine Street Public Works Director recommended approval for the acceptance of the dedication of a tract of property located at 924 Pine Street from Mr. & Mrs. Ken H. Dieffenbach and authorization for the expenditure of funds for the costs associated with closing on the property dedication. Council Member Wickman, seconded by Council Member Traverse, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes : Tate, Ware, Wilbanks, Traverse, Pittman & Wickman Nays : None Absent : Spencer Item 14. Consideration of Minutes City Secretary recommended approval of the minutes of the October 4, 1994 City Council meeting as published. Council Member Wickman, seconded by Council Member Traverse, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes : Tate, Ware, Wilbanks, Traverse, Pittman & Wickman Nays : None Absent : Spencer ITEM 15. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z94-12. LA BUENA VIDA VINEYARDS Chairman Cook reported the Commission voted 5-1-1 to deny Zoning Application Z94-12 La Buena Vida Vineyards requesting a zoning change on property located at 416 East College Street from "R-7.5" Single-Family Residential District Regulations within the Historic Landmark District to "GV" Grapevine Vintage District Regulations. Council Member Traverse, seconded by Mayor Pro Tem Ware, offered a motion to table Zoning Application Z94-12 (La Buena Vida Vineyards) to the November 1, 1994 meeting until the full City Council is present. The motion prevailed by the following vote: Ayes : Tate, Ware, Wilbanks, Traverse, Pittman & Wickman Nays : None Absent : Spencer 13 i 10/18/94 ITEM 16. PLANNING & ZONING COMMISSION RECOMMENDATION - CONDITIONAL USE APPLICATION CU94-29. LA BUENA VIDA VINEYARDS ' Chairman Cook reported the Commission voted 5-1-1 to deny Conditional Use Application CU94-29 submitted by La Buena Vida Vineyards requesting a waiver to ' specific requirements of Section 47E.2 pursuant to Section 47F of Ordinance ' No. 82-73, as amended, and requesting a conditional use permit to allow a wine tasting facility with the possession, storage, retail sale and on-premise and off-premise consumption of alcoholic beverages (wine only). The property is located at 416 East ' College Street and is zoned "GV" Grapevine Vintage District Regulations. Council Member Wilbanks, seconded by Council Member Traverse, offered a motion to table Conditional Use Permit CU94-29 (La Buena Vida Vineyards) to the November 1 , 1994 meeting until the full City Council was present. The motion prevailed by the following vote: Ayes : Tate, Ware, Wilbanks, Traverse, Pittman & Wickman Nays : None Absent : Spencer ITEM 17. PLANNING & ZONING COMMISSION RECOMMENDATION , FINAL PLAT LOT 1 R3, BLOCK 22R1 , ORIGINAL TOWN OF GRAPEVINE, ' REPLAT OF LOT 1 R BLOCK 22R• LOTS 1 R1 &1 R2 BLOCK 23R• AND PORTIONS OF LOTS 3 & 4, BLOCK 23, ORIGINAL TOWN OF ' GRAPEVINE Chairman Cook reported the Commission voted 6-0-1 to approve the Statement of Findings relative to the final plat of Lot 1 R3, Block 22R1, Original Town of Grapevine and to approve the final plat of Lot 1 R3, Block 22R1 , Original Town of Grapevine being a replat of Lot 1 R, Block 22R; Lots 1 R1 & 1 R2, Block 23R; and portions of Lots 3 & 4, Block 23, Original Town of Grapevine. The property is located on the south side of East College Street, west of Dooley Street and is proposed to be developed for a wine tasting and sales facility by La Buena Vida Vineyards. Mr. Cook reported the applicant had requested the City Council consider tabling the final plat of the property if the zoning and conditional use applications were tabled by the City Council. Mayor Pro Tem Ware, seconded by Council Member Pittman, offered a motion to table the final plat application of Lot 1R3, Block 22R1, Original Town of Grapevine being a replat of Lot 1 R, Block 22R; Lots 1 R1 & 1 R2, Block 23R; and portions of Lots 3 & 4, Block 23, Original Town of Grapevine. The motion prevailed by the following vote: 14 10/18/94 Ayes : Tate, Ware, Wilbanks, Traverse, Pittman & Wickman Nays : None Absent : Spencer ITEM 18. PLANNING & ZONING COMMISSION RE OMMENDATION ZONING APPLICATION Z94-13, 121 & HALL-JOHNSON PARTNERS L.P. There was no action taken by the City Council or the Planning & Zoning Commission as the item was withdrawn by the applicant during the public hearing portion of the meeting. ITEM 19. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU94-25 RED ROBIN RESTAURANT Chairman Cook reported the Commission voted 7-0 to approve Conditional Use Application CU94-25 submitted by Red Robin Restaurant granting a waiver to specific requirements of Section 47F of Ordinance No. 82-73, as amended, and granting a conditional use permit for an amendment to a site plan approved by Ordinance No. 94-83 to allow the possession, storage, retial sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with the operation of a restaurant at 1701 CrossRoads Drive in a district zoned "CC" Community Commercial District Regulations with a conditional use for a Planned Commercial Center. Council Member Wilbanks, seconded by Council Member Wickman, offered a motion to accept the Commission's recommendation and adopt the ordinance granting the waiver and granting the conditionat use permit. The motion prevailed by the following vote: Ayes : Tate, Ware, Wilbanks, Traverse, Pittman & Wickman Nays : None Absent : Spencer ORDINANCE N0. 94-88 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE N0. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY: �1) GRANTING A WAIVER TO SPECIFIC REQUIREMENTS OF SECTION 47E.2 PURSUANT TO SECTION 47F OF ORDINANCE NO. 82-73; (2) GRANTING CONDITIONAL 15 10/18/94 USE PERMIT CU94-25 FOR AN AMENDMENT TO THE SITE _ PLAN APPROVED BY ORDINANCE NO. 94-83 TO ALLOW THE POSSESSION, STORAGE, RETAIL SALE AND ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) IN CONJUNCTION WITH THE OPERATION OF A RESTAURANT IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS WITH A CONDITIONAL USE FOR A PLANNED COMMERCIAL CENTER ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE N0. 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 PUBUC 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 (52,000.00) 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 R & 2 BLOCK 2 THE CROSSROADS OF DFW REPLAT OF LOT 1 . BLOCK 2, THE CROSSROADS OF DFW Chairman Cook reported the Commission voted 7-0 to approve the Statement of Findings relative to the final plat of Lots 1 R & 2, Block 2, The CrossRoads of DFW and approve the final plat of Lots 1 R & 2, Block 2, The CrossRoads of DFW being a replat of Lot 1, Block 2 of The CrossRoads of DFW. The property is located at 1701 CrossRoads Drive and is being platted for development of a Red Robin Restaurant. Council Member Traverse, seconded by Council Member Wilbanks, offered a motion to accept the Commission's recommendation to approve the Statement of Findings relative to the final plat of Lots 1 R & 2, Block 2 of The CrossRoads of DFW and to approve the final plat of Lots 1 R & 2, Block 2, The CrossRoads of DFW being a replat of Lot 1, Block 2, The CrossRoads of DFW. The motion prevailed by the following vote: Ayes : Tate, Ware, Wilbanks, Traverse, Pittman & Wickman Nays : None Absent : Spencer , 16 10/18/94 ITEM 21 . PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU94-27. STAR ENTERPRISES Chairman Cook reported the Commission voted 7-0 to approve Conditional Use Permit CU94-27 submitted by Star Enterprises granting a waiver to specific requirements of Section 47E.2 pursuant to Section 47F of Ordinance No. 82-73, as amended, and granting a conditional use permit to allow the possession, storage, retail sale and off- premise consumption of alcoholic beverages (beer and wine only) in conjunction with the operation of a convenience store with gasoline sales and a car wash on property : located at 5351 William D. Tate Avenue in a district zoned "CC" Community Commercial. Mayor Pro Tem Ware, seconded by Council Member Pittman, offered a motion to accept the Commission's recommendation and adopt the ordinance granting the waiver and approving the conditional use permit. The motion prevailed by the following vote: Ayes : Tate, Ware, Wilbanks, Traverse, Pittman & Wickman Nays : None Absent : Spencer ORDINANCE N0. 94-89 I AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE N0. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY: (1) GRANTING A WAIVER TO SPECIFIC REQUIREMENTS OF SECTION 47E.2 PURSUANT TO SECTION 47F OF ORDINANCE N0. 82-73; (2) GRANTING CONDITIONAL USE PERMIT CU94-27 TO ALLOW THE POSSESSION, STORAGE, RETAIL SALE AND OFF-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER AND WINE ONLY) IN CONJUNCTION WITH THE OPERATION OF A CONVENIENCE STORE WITH GASOLINE SALES AND A CAR WASH 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 17 10/18/94 ! 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 22. PLANNING & ZONING COMMISSION RECOMMENDATION ' CONDITIONAL USE APPLICATION CU94-28, RACETRAC PETROLEUM ' Chairman Cook reported the Commission voted 7-0 for approvai of Conditional Use ' Application CU94-28 submitted by Racetrac Petroleum with the requirement that a left turn lane be installed on State Highway 26, also granting a waiver to specific requirements of Section 47E.2 pursuant to Section 47F of Ordinance No. 82-73, as amended, and granting a conditional use permit to allow the possession, storage, retail sale and off-premise consumption of alcoholic beverages (beer and wine only) in conjunction with the operation of a convenience store with gasoline sales on property located at 2151 Ira E. Woods Avenue in a district zoned "LI" Light Industrial District Regulations. Council Member Pittman, seconded by Council Member Wilbanks, offered a motion ' ; to accept the Commission's recommendation and adopt the ordinance approving the # : waiver and granting the conditional use permit. The motion prevailed by the following ' vote: Ayes : Tate, Ware, Wilbanks, Traverse, Pittman & Wickman Nays : None Absent : Spencer ' ORDINANCE N0. 94-90 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: (1) GRANTING A WAIVER TO SPECIFIC REQUIREMENTS OF SECTION 47E.2 PURSUANT TO SECTION 47F OF ORDINANCE NO. 82-73; (2) GRANTING CONDITIONAL USE PERMIT CU94-28 TO ALLOW THE POSSESSION, STORAGE, RETAIL SALE AND OFF-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER AND WINE ONLY) IN CONJUNCTION WITH THE OPERATION OF A CONVENIENCE STORE WITH GASOLINE SALES IN A 18 10/18/94 DISTRICT ZONED "LI" LIGHT INDUSTRIAL DISTRICT ' REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE N0. 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 (52,000.00) 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 23. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1 BLOCK 1 GRAPEVINE KAWASAKI ADDITION Chairman Cook reported the Commission voted 7-0 to approve the Statement of Findings relative to the final plat of Lot 1, Block 1, Grapevine Kawasaki Addition and approve the final plat of Lot 1 , Block 1, Grapevine Kawasaki Addition. The 1 .118 acre property is located on the north side of Ira E. Woods Avenue, west of Ball Street and is zoned "LI" Light Industrial District Regulations. Council Member Traverse, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation to approve the Statement of Findings relative to the final plat of Lot 1, Block 1, Grapevine Kawasaki Addition and to approve the final plat of Lot 1, Block 1 , Grapevine Kawasaki Addition. The motion prevailed by the following vote: Ayes : Tate, Ware, Wilbanks, Traverse, Pittman & Wickman Nays : None : Absent : Spencer ITEM 24. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT, STONEWOOD PHASE II Chairman Cook reported the applicant requested the final plat of Stonewood Phase II be tabled to the November 15, 1994 meeting. There was no action taken by the City Council. 19 I 10/18/94 ' ITEM 25. PLANNING & ZONING COMMISSION RECOMMENDATION ' FINAL PLAT, LOT 1 , BLOCK 1 , ROSE PLAZA Chairman Cook reported the Commission voted 7-0 to approve the Statement of ' Findings relative to the final plat of Lot 1, Block 1, Rose Plaza and to approve the final ' plat of Lot 1, Block 1, Rose Plaza. The 1.043 acre property is located on the north side of Northwest Highway, west of Dove Road and is being platted to develop a professional office plaza. ' Council Member Pittman, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation to approve the Statement of Findings relative to the final plat of Lot 1, Block 1, Rose Plaza and to approve the final plat of Lot 1, Block 1 , Rose Plaza. The motion prevailed by the following vote: Ayes : Tate, Ware, Wilbanks, Traverse, Pittman & Wickman � Nays : None Absent : Spencer ITEM 26. PLANNING & ZONING COMMISSION RECOMMENDATION � FINAL PLAT LOT 1 BLOCK 1 BOWLES ADDITION � Chairman Cook reported the Commission voted 7-0 to approve the Statement of Findings relative to the final plat of Lot 1 , Block 1, Bowles Addition and to approve the final plat of Lot 1, Block 1 , Bowles Addition. The 1 .9197 acre property is located on the north side of Wall Street, west of Pebblebrook Drive and is being platted for ' a residential building permit. ' Mayor Pro Tem Ware, seconded by Council Member Traverse, offered a motion to accept the Commission's recommendation to approve the Statement of Findings relative to the final plat of Lot 1, Block 1 , Bowles Addition and to approve the final plat of Lot 1, Block 1 , Bowles Addition. The motion prevailed by the following vote: Ayes : Tate, Ware, Wilbanks, Traverse, Pittman & Wickman Nays : None Absent : Spencer ITEM 27. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT. LOT 4, BLOCK 1 , DFW BUSINESS PARK Chairman Cook reported the Commission voted 7-0 to approve the Statement of Findings relative to the final plat of Lot 4, Block 1 , DFW Business Park and to approve the final plat of Lot 4, Block 1 , DFW Business Park. The 1 .424 acre property is located on the south side of Ira E. Woods Avenue, west of State Highway 1 14 and is being platted to develop a convenience store with gasoline sales. 20 10/18/94 Council Member Wilbanks, seconded by Council Member Wickman, offered a motion to accept the Commission's recommendation to approve the Statement of Findings relative to the final plat of Lot 4, Block 1 , DFW Business Park and to approve the final plat of Lot 4, Block 1, DFW Business Park. The motion prevailed by the following vote: Ayes : Tate, Ware, Wilbanks, Traverse, Pittman & Wickman Nays : None Absent : Spencer ITEM 28. PLANNING & ZONING COMMISSION RECOMMENDATIOIV FINAL PLAT LOTS 2 & 3 BLOCK 1 MULBERRY SQUARE Chairman Cook reported the Commission voted 7-0 to approve the Statement of Findings relative to the final plat of Lots 2 & 3, Block 1, Mulberry Square and to approve the final plat of Lots 2 & 3, Block 1, Mulberry Square. The 1 .984 acre property is located on the northeast corner of Glade Road and State Highway 114 and ; is being platted to develop a gasoline service station. Council Member Wickman, seconded by Council Member Traverse, offered a motion to accept the Commission's recommendation to approve the Statement of Findings i relative to the final plat of Lots 2 & 3, Block 1, Mulberry Square and to approve the I final plat of Lots 2 & 3, Block 1, Mulberry Square. The motion prevailed by the � following vote: Ayes : Tate, Ware, Wilbanks, Traverse, Pittman & Wickman Nays : None Absent : Spencer ADJOURNMENT Council Member Wilbanks, seconded by Mayor Pro Tem Ware, offered a motion to adjourn the meeting at 10:15 p.m. The motion prevailed by the following vote: Ayes : Tate, Ware, Wilbanks, Traverse, Pittman & Wickman Nays : None Absent : Spencer PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 1 st day of November , 1994. 21 10/18/94 ' APPROVED: .-- William D. Tate ' Mayor ' ATTEST: Linda uff City Secretary 22