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HomeMy WebLinkAboutItem 17 - MinutesSTATE 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 June, 2014 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 C. Shane Wilbanks Sharron Spencer Roy Stewart Darlene Freed Mike Lease Mayor Mayor Pro Tern Council Member Council Member Council Member Council Member constituting a quorum, with Council Member Coy absent, with the following members of the Planning & Zoning Commission: Larry Oliver Herbert Fry Betty "BJ" Wilson Monica Hotelling Gary Martin Dennis Luers Theresa Mason Chairman Vice Chairman Member Member Member Alternate Alternate constituting a quorum, with Commissioners Jim Fechter and Beth Tiggelaar absent, with the following members of the City Staff: Bruno Rumbelow John F. Boyle, Jr. Jodi C. Brown KNIMMMEM City Manager City Attorney City Secretary Mayor Tate called the meeting to order at 6:31 p.m. ImoM • Mayor Tate announced the City Council would recess to the City Council Conference Room to conduct a closed session regarding: ITEM 1. EXECUTIVE SESSION 06/17/14 A. Deliberation or the value, exchange, lease or sale of real property relative to economic development pursuant to Section 551.072, Texas Government Code; and B. Conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay, or expand in the City; deliberate the offer of a financial or other incentive; with which businesses the City is conducting economic development negotiations pursuant to Section 551.087, Texas Government Code. The City Council recessed to the City Council Conference Room and began the closed session at 6:35 p.m. Upon reconvening in open session in the Council Chambers, Mayor Tate asked if there was any action necessary relative to the closed session. Item 3.A. Real property under Section 551.072, Texas Government Code, City Manager Bruno Rumbelow requested authorization to purchase fill material from Northgate Constructors in an amount not to exceed $495,000 and appropriation of funds from the Stormwater Drainage Utility Fund unencumbered balance for backfilling the northern portion of the 185 acre City tract. The backfilling would raise 12.6 acres out of the flood plain thus adding value back into the property. Council Member Spencer, seconded by Council Member Lease, offered a motion to authorize the fill material purchase in an amount not to exceed $495,000 and to appropriate funds as recommended. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart & Lease Nays: Freed Absent: Coy NOTE: Item 3.13. relative to Conference with City Manager and Staff under Section 551.087, Texas Government Code was not discussed. City Council continued with the Workshop portion of the Agenda in open session in the City Council Chambers. •'I i• ��� • The Workshop Session was called to order at 7:02 p.m. ITEM 2. RECOGNIZE WEST LOTHIAN CULINARY EXCHANGE STUDENTS Mayor Tate recognized Culinary Exchange Students: Sherry Hislop, Kirstin Baillie, Jayde Ward and Conor Catherall from West Lothian College located in our sister city of West Lothian, Scotland. The students are being home hosted during their three week stay, and are gaining top culinary experience at three of Grapevine's hotels - -the Gaylord Texan Resort, Hilton DFW Lakes and the Embassy Suites Outdoor World. No formal action was taken by the City Council. 1 06/17/14 ITEM 3. DISCUSS CONSULTANTS' MASTER PLANNING PRESENTATIONS ON 185 ACRE TRACT City Manager Rumbelow noted that after reviewing the submitted Request for Qualifications and subsequent interviews, Gateway Planning and HR &A Advisors, Inc. had been selected and made presentations on June 2, 2014 to the City Council. Mr. Rumbelow then gave a presentation on the consultants' approach on the project, reviewed the recommended approach for a market feasibility and concept master plan on the 185 acre City tract (bounded by FM2499 on the west, State Highway 121 North on the east and Grapevine Mills Boulevard to the south), recommended HR&A Advisors, Inc. and requested direction from the City Council. Following discussion, it was the consensus of the City Council that Staff negotiate a contract with HR &A Advisors for a market feasibility and concept master plan for Council consideration at the July 15 meeting. No formal action was taken by the City Council. There being no further business to discuss on the Workshop Agenda, the Workshop was adjourned. ' • Mayor Tate called the meeting to order at 7:33 p.m. in the City Council Chambers. INVOCATION Commissioner Herbert Fry delivered the Invocation and led the Pledge of Allegiance. ITEM 4. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU14 -22 CLASSIC FLEET SALES Mayor Tate declared the public hearing open. Assistant Development Services Director Ron Stombaugh stated that Conditional Use Application CU14 -22 (Classic Fleet Sales) had been submitted by Speed Fab -Crete requesting a conditional use permit to amend the site plan approved by Ordinance No. 2013 -26 for an automotive dealership with the sale and repair of new and used vehicles; specifically to allow a 142,735 square foot parking lot expansion to facilitate inventory vehicles and a 20 -foot pole sign. The subject property is located at 2501 William D. Tate Avenue and is zoned "CC" Community Commercial District Regulations. Mr. Ron Hamm requested favorable consideration of the application and answered questions on replacing the pole sign proposed on Stone Myers Parkway with a monument sign. 3 06/17/14 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 Luers, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Martin, Luers & Mason Nays: None Absent: Fechter & Tiggelaar Council Member Stewart, seconded by Council Member Lease, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy ITEM 5. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU14 -23 OHLOOK PERFORMING ARTS CENTER Mayor Tate declared the public hearing open. Assistant Development Services Director Stombaugh stated that Conditional Use Application CU14 -23 (Ohlook Performing Arts Center) had been submitted by Beth van Amerongen requesting a conditional use permit to amend the site plan approved by Ordinance No. 2012 -05 for a theatrical center and classrooms; specifically to increase the existing space from 2,256 square feet to 3,702 square feet by expanding into the adjacent suite. The subject property is located at 1629 West Northwest Highway and is zoned "SP" Site Plan District Ms. Beth van Amerongen 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 Luers, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Martin, Luers & Mason Nays: None Absent: Fechter & Tiggelaar Council Member Freed, seconded by Mayor Pro Tem Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: 51 06/17/14 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy ITEM 6. PUBLIC HEARING CONDITIONAL USE APPLICATION CU14 -24 SO CAL TACOS Mayor Tate declared the public hearing open. Assistant Development Services Director Stombaugh stated that Conditional Use Application CU14 -24 (So Cal Tacos) had been submitted by So -Cal Tacos #1 LLC requesting a conditional use permit to amend the site plan approved by Ordinance No. 2013 -35 for the possession, storage, retail sale and on- premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant; specifically to allow outside dining and outside speakers. The subject property is located at 2140 Hall- Johnson Road #118 and is zoned "CC" Community Commercial District Regulations. The applicant proposes to relocate 10 outdoor seats and four indoor seats to a proposed 542 - square foot outdoor patio located adjacent to the west side of the restaurant and add two outdoor speakers to provide light background music. The total seating for the restaurant is proposed to be reduced from 76 to 74; 60 seats inside and 14 seats outdoors requiring 25 parking spaces; 134 are provided. Mr. Scott Wooley requested favorable consideration of the application and answered questions on the restaurant's hours of operation, patio area location, solar screening and fencing, and the proximity of the outdoor speakers to the neighborhood. Mayor Tate invited guests present to comment regarding the application. Mr. Carl Young, 4113 Meadow Drive, spoke against the application. The Council and Commission were copied the four property owners' letters of protest and 17 letters of support. Commissioner Fry, seconded by Commissioner Hotelling, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Martin, Luers & Mason Nays: None Absent: Fechter & Tiggelaar Mayor Pro Tern Wilbanks, seconded by Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy 5 06/17/14 ITEM 7. PUBLIC HEARING CONDITIONAL USE APPLICATION CU14 -25 WATER OAKS EVENT CENTER Mayor Tate declared the public hearing open. Assistant Development Services Director Stombaugh stated that Conditional Use Application CU14 -25 (Water Oaks Event Center) had been submitted by WOC Events requesting a conditional use permit for the possession, storage, retail sale and on- premise consumption of alcoholic beverages (beer, wine and mixed beverages) and outside speakers in conjunction with a wedding and event center. The subject property is located at 2040 Enchanted Way and is zoned "CC" Community Commercial District Regulations. Mr. Thomas Bain 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 Martin, seconded by Commissioner Mason, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Martin, Luers & Mason Nays: None Absent: Fechter & Tiggelaar Council Member Lease, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy GRAPEVINE Jklom ORDINANCES, APPENDIX Mayor Tate declared the public hearing open. Assistant Development Services Director Stombaugh presented AM14 -04 proposed amendments to the Grapevine Code of Ordinances, Section 42 Supplementary District Regulations relative to on- premise consumption at a brewery under a State Brewer's Permit (B permit); and Section 13 "R -20" Single Family District Regulations, Section 14 "R- 12.5" Single Family District Regulations, Section 15 "R -7.5" Single Family District Regulations, Section 16 "R -5.0" Zero Lot Line District Regulations, Section 17 "R -3.5" Two Family District Regulations, Section 18 "R- 3.75" Three and Four Family District I' 06/17/14 Regulations, Section 19 "R -MH" Manufactured Home District Regulations, Section 20 "R -TH" Townhouse District Regulations, Section 22 "R MF" Multifamily District Regulations, Section 27 "PO" Professional Office District Regulations relative to accessory structures and buffer yards. 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 Mason, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Martin, Luers & Mason Nays: None Absent: Fechter & Tiggelaar Council Member Stewart, seconded by Council Member Lease, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy RECESS AND RECONVENE Mayor Tate announced the Planning & Zoning Commission would recess to the Planning & Zoning Conference Room to consider published business. The City Council remained in session in the Council Chambers to consider published business. ITEM 9. CITIZENS COMMENTS There were no Citizens Comments submitted. ITEM 10. PRESENTATION MONTHLY FINANCIAL UPDATE Administrative Services Director John McGrane presented the monthly financial update, noting that ad valorem tax collections were down compared to last year and sales tax collections were up 5% over last year. He stated that the average hotel room rate was up and that the City's unemployment rate 4.2 %. There was no formal action taken by the City Council. ITEM 11. RESOLUTION, APPROVE TARRANT COUNTY CONTRACT, 39TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT STREET RECONSTRUCTION PROJECT 7 06/17/14 Public Works Director Stan Laster recommended approval of a resolution approving the Tarrant County contract with McClendon Construction Co., Inc. in the amount of $216,609.50 and a project contingency in an amount of $18,000.00 for the 39th Year Community Development Block Grant (CDBG) Street Reconstruction Project for the 600 block of East Texas Street, and authorize Staff to forward the approval recommendation to Tarrant County. The street reconstruction project includes new curb and gutter, asphalt paving, sidewalks, handicap ramps and driveway approaches. Funding for the project will consist of $186,504.31 from the Community Development Block Grant and $48,105.19 from the City's Permanent Capital Maintenance Fund. Council Member Freed, seconded by Council Member Stewart, offered a motion to approve the resolution as recommended. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy ITEM 12. RESOLUTION, JOINT ADMINISTRATIVE AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PARTICIPATION IN TARRANT COUNTY'S HOME INVESTMENT PARTNERSHIP PROGRAM AND EMERGENCY SOLUTIONS GRANT CONSORTIUM Public Works Director Laster recommended approval of a Joint Administrative Agreement between the City of Grapevine, as a designated Metropolitan City, and Tarrant County for administration of the Community Development Block Grant (CDBG) Program for the three year program period of FY2015 through FY2017; and approval of a resolution authorizing participation between the City of Grapevine, as a designated Metropolitan City, and Tarrant County for participation in Tarrant County's Community Development Block Grant Program, HOME Investment Partnership and Emergency Solutions Grant (ESG) Consortium for the three year program period of FY2015 through FY2017 and authorization for the Mayor to execute the agreement. Tarrant County will continue to provide all administrative services for these programs as were provided under the Urban County program. Council Member Spencer, seconded by Mayor Pro Tern Wilbanks, offered a motion to approve the agreement and resolution as recommended. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy 06/17/14 RESOLUTION NO. 2014-49 RESOLUTION REGARDING CITY OF GRAPEVINE PARTICIPATION IN TARRANT COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIP AND EMERGENCY SOLUTIONS GRANT CONSORTIUM FOR THE THREE PROGRAM YEAR PERIOD, FISCAL YEAR 2015 THROUGH FISCAL YEAR 2017 ITEM 13. INTERLOCAL AGREEMENT, JOINT WATER SERVICE TO DFW INTERNATIONAL AIRPORT (BASS PRO DRIVE/BETHEL ROAD) Public Works Director Laster recommended approval an Interlocal Agreement with the City of Coppell to jointly provide water service to DFW International Airport (DFW) in the vicinity of Bass Pro Drive and Bethel Road. The Airport license issued to the City for the widening of Bass Pro Drive contained a condition that DFW be able to connect to the City's water and wastewater systems to serve the abutting property. Two warehouse buildings are being development on DFW property in both Coppell and Grapevine on the south side of Bass Pro Drive/Bethel Road. Coppell is unable to meet the fire flows required by DFW with only their supply line. By connecting the City of Grapevine's water system to the fire line loop around the two building complex, the required fire flows can be met. The City of Grapevine's connection will only be to provide fire flow protection at this time. Council Member Freed, seconded by Mayor Pro Tern Wilbanks, offered a motion to approve the agreement as recommended. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy NOTE: The City Council then considered the Planning & Zoning Commission recommendations. 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. There were none. M 06/17/14 Item 14. Ordinance, Second Readinq of Conditional Use Application CU14 -13 Ryder Truck Rental Development Services Director recommended approval of the second and final reading of an ordinance granting Conditional Use Application CU14 -13 submitted by Ryder Truck Rental requesting a conditional use permit to allow truck and trailer rental, lease sales, vehicle maintenance and fueling. The subject property is located at 1150 Texan Trail and is zoned "LI" Light Industrial District. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy ORDINANCE NO. 2014 -31 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 CU14 -13 FOR TRUCK AND TRAILER RENTAL, LEASING, MAINTENANCE AND FUELING IN A DISTRICT ZONED "LI" LIGHT INDUSTRIAL DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82 -73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS AND PROVIDING AN EFFECTIVE DATE Item 15. Resolution, Authorize Nexus Network Equipment Purchase City Manager recommended approval of a resolution authorizing the purchase of Nexus network equipment in an amount not to exceed $77,976.48 from Netsync Network m 06/17/14 Solutions through a contract established by the State of Texas Department of Information Resources (DIR) Cooperative Contracts Program. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy RESOLUTION NO. 2014 -50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO PURCHASE NETWORK EQUIPMENT THROUGH A STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES (DIR) CONTRACT PROGRAM AND PROVIDING AN EFFECTIVE DATE Item 16. Resolution, Authorize Compartmental Animal Control Kennel Unit Purchase Public Works Director recommended approval of a resolution authorizing the purchase of a compartmental animal control kennel unit in an amount not to exceed $18,270.38 from Jones Trailer Company through a contract established by the Federal General Services Administration cooperative purchasing program. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy RESOLUTION NO. 2014 -51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO PURCHASE AN ANIMAL CONTROL UNIT THROUGH A FEDERAL GSA COOPERATIVE PURCHASING PROGRAM AND PROVIDING AN EFFECTIVE DATE Item 17. Renew Safety Supplies Annual Contracts 11 06/17/14 Administrative Services Director recommended approval of the renewal of annual contracts for safety supplies with U & D Enterprises, Inc. and WW Grainger Industrial Supply in an amount not to exceed $21,000.00. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy Item 18. Consideration of Minutes City Secretary recommended approval of the minutes of the May 20, June 2 and June 3, 2014 City Council meetings as published. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy NOTE: The Planning & Zoning Commission recommendations were considered after Item 13. ITEM 19. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU14 -22 CLASSIC FLEET SALES Chairman Oliver reported the Planning & Zoning Commission voted 7 -0 for approval with the condition that the 20 -foot pole sign proposed for Stone Myers Parkway be replaced with a monument sign. Conditional Use Application CU14 -22 (Classic Fleet Sales) requested a conditional use permit to amend the site plan approved by Ordinance No. 2013 -26 for an automotive dealership with the sale and repair of new and used vehicles; specifically to allow a 142,735 square foot parking lot expansion to facilitate inventory vehicles and a 20 -foot pole sign. The subject property is located at 2501 William D. Tate Avenue and is zoned "CC" Community Commercial District Regulations. Council Member Freed, seconded by Council Member Lease, 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, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy 12 06/17/14 ORDINANCE NO. 2014 -32 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 CU14 -22 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2013 -26, TO ALLOW A PARKING LOT EXPANSION WITH A MONUMENT SIGN 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 20. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU14 -23 OHLOOK PERFORMING ARTS CENTER Chairman Oliver reported the Planning & Zoning Commission voted 7 -0 for approval of Conditional Use Application CU14 -23 (Ohlook Performing Arts Center) granting a conditional use permit to amend the site plan approved by Ordinance No. 2012 -05 for a theatrical center and classrooms; specifically to increase the existing space from 2,256 square feet to 3,702 square feet. The subject property is located at 1629 West Northwest Highway and is zoned "SP" Site Plan District. Council Member Stewart, seconded by Council Member Lease, 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: 13 06/17/14 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy ORDINANCE NO. 2014 -33 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 CU14 -23 AMENDING THE SITE PLAN APPROVED BY ORDINANCE NO. 2012 -05 TO INCREASE THE SPACE OF A THEATRICAL CENTER AND CLASSROOMS IN A DISTRICT ZONED "SP" SITE PLAN 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 21. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU14 -24 SO CAL TACOS Chairman Oliver reported the Planning & Zoning Commission voted 5 -2 for approval of Conditional Use Application CU14 -24 (So Cal Tacos) with no outside speakers. The application requested a conditional use permit to amend the site plan approved by Ordinance No. 2013 -35 for the possession, storage, retail sale and on- premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant; specifically to allow outside dining and outside speakers. The subject property is located at 2140 Hall- Johnson Road #118 and is zoned "CC" Community Commercial District Regulations. T 06/17/14 Council Member Freed, seconded by Mayor Pro Tern 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: Wilbanks, Spencer, Stewart, Freed & Lease Nays: Tate Absent: Coy ORDINANCE NO. 2014 -34 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 CU14 -24 AMENDING THE SITE PLAN APPROVED BY ORDINANCE NO. 2013 -35 TO ALLOW OUTSIDE DINING FOR A RESTAURANT 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 22. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU14 -25 WATER OAKS EVENT CENTER Chairman Oliver reported the Planning & Zoning Commission voted 7 -0 for approval of Conditional Use Application CU14 -25 (Water Oaks Event Center) granting a conditional use permit for the possession, storage, retail sale and on- premise consumption of alcoholic beverages (beer, wine and mixed beverages) and outside speakers in conjunction with a wedding and event center. The subject property is located at 2040 Enchanted Way and is zoned "CC" Community Commercial District Regulations. 15 06/17/14 Council Member Freed, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion failed by the following tie vote: Ayes: Stewart, Freed & Lease Nays: Tate, Wilbanks & Spencer Absent: Coy Following discussion, Council Member Freed offered a motion to approve the ordinance granting the conditional use permit with no outside speakers. Council Member Freed amended the motion to approve the ordinance granting the conditional use permit with no outside speakers and no outdoor amplified music. Council Member Lease seconded the amended motion. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy ORDINANCE NO. 2014 -35 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 CU14 -25 TO ALLOW THE POSSESSION, STORAGE, RETAIL SALE AND ON- PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE, AND MIXED BEVERAGES) IN CONJUNCTION WITH A WEDDING AND EVENT 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 06/17/14 OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 23. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT LOT 1 BLOCK 1 WATER OAKS EVENT CENTER Chairman Oliver reported the Planning & Zoning Commission voted 7 -0 for approval of the Statement of Findings and the preliminary plat of Lot 1, Block 1, Water Oaks Event Center. The 6.112 acre tract is being platted for the development of an event center located at 2040 Enchanted Way. Council Member Stewart, seconded by Mayor Pro Tern Wilbanks, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the preliminary plat of Lot 1, Block 1, Water Oaks Event Center. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy ITEM 24. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1 BLOCK 1 WATER OAKS EVENT CENTER Chairman Oliver reported the Planning & Zoning Commission voted 7 -0 for approval of the Statement of Findings and the final plat of Lot 1, Block 1, Water Oaks Event Center. The 6.112 acre tract is being platted for the development of an event center located at 2040 Enchanted Way and is zoned "CC" Community Commercial District Regulations. Council Member Freed, seconded by Mayor Pro Tern Wilbanks, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 1, Block 1, Water Oaks Event Center. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy ITEM 25. PLANNING & ZONING COMMISSION RECOMMENDATION AM14 -04 PROPOSED AMENDMENTS TO GRAPEVINE CODE OF ORDINANCES, APPENDIX "D" Chairman Oliver reported the Planning & Zoning Commission voted 7 -0 for approval of the amendments to the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance No. 82 -73, as amended, Section 42 Supplementary District Regulations relative to on- premise consumption at a brewery under a State Brewer's Permit (B permit); and Section 13 "R -20" Single Family District Regulations, Section 14 17 "R- 12.5" Single Family District Regulations, Section Regulations, Section 16 "R -5.0" Zero Lot Line Distric t Two Family District Regulations, Section 18 "R -3.75' Regulations, Section 19 "R -MH" Manufactured Home "R -TH" Townhouse District Regulations, Section Regulations, Section 27 "PO" Professional Office accessory structures and buffer yards. 06/17/14 15 "R -7.5" Single Family District Regulations, Section 17 "R -3.5" ' Three and Four Family District District Regulations, Section 20 22 "R -MF" Multifamily District District Regulations relative to Council Member Freed, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance amending the Grapevine Code of Ordinances, Appendix D. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy ORDINANCE NO. 2014 -36 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE NO. 82 -73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY PROVIDING FOR AMENDMENTS AND CHANGES TO ZONING REGULATIONS BY AMENDING SECTION 13 "R -20" SINGLE FAMILY DISTRICT REGULATIONS, SECTION 14 "R- 12.5" SINGLE FAMILY DISTRICT REGULATIONS; SECTION 15 "R -7.5" SINGLE FAMILY DISTRICT REGULATIONS; SECTION 16 "R -5.0" ZERO LOT LINE DISTRICT REGULATIONS; SECTION 17 "R -3.5" TWO FAMILY DISTRICT REGULATIONS; SECTION 18 "R- 3.75" THREE AND FOUR FAMILY DISTRICT REGULATIONS; SECTION 19 "R -MH" MANUFACTURED HOME DISTRICT REGULATIONS; SECTION 20 "R -TH" TOWNHOUSE DISTRICT REGULATIONS; SECTION 22 "R -MF" MULTIFAMILY DISTRICT REGULATIONS; SECTION 27 "P -O" PROFESSIONAL OFFICE DISTRICT REGULATIONS; SECTION 42 SUPPLEMENTARY DISTRICT REGULATIONS 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 M:3 06/17/14 ITEM 26. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT LOT 1 BLOCK 1 RYDER ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 7 -0 for approval of the Statement of Findings and the preliminary plat of Lot 1, Block 1, Ryder Addition. The 3.770 acre tract is located at the southwest corner of East Dallas Road and Texan Trail and is being platted to expand the trucking facility. Council Member Lease, 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 Lot 1, Block 1, Ryder Addition. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy ITEM 27. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1 BLOCK 1 RYDER ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 7 -0 for approval of the Statement of Findings and the preliminary plat of Lot 1, Block 1, Ryder Addition. The 3.770 acre tract zoned "LI" Light Industrial District is located at the southwest corner of East Dallas Road and Texan Trail, and is being platted to expand the trucking facility. 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 final plat of Lot 1, Block 1, Ryder Addition. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy NOTE: The City Council then considered the Consent Agenda Items 14 -18. Mayor Pro Tern Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 8:46 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy 06/17/14 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 1st day of July, 2014. F." I a 9 *1 Jodi C. Brown City Secretary William D. Tate Mayor ME