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HomeMy WebLinkAbout1976-05-25 Joint Meeting I t � k h CITY OF GRAPEVINE, TEXAS ' AGENDA JOINT CITY COUNCIL AND PLANNING & ZONING COMMISSION MEETING TUESDAY, MAY 25, 1976 AT 7:30 P.M. r COUNCIL CHAMBERS - 413 MAIN ST. r � I . CALL TO ORDER 1 rt II . INVOCATION to be given by Commissioner Ted Ware. } III . PUBLIC HEARING: A. City Council and Planning & Zoning Commission to hold a Public Hearing for the purpose of considering the rezoning of 121 Main Street from "C-2" Community Business District to "SP" Specific Use Permit District for the storage, retail sale, and serving of alcoholic beverages. Applicants are Daniel Galindo and Antone Raposa. B. City Council & Planning & Zoning Commission to hold a Public Hearing for the purpose of considering the rezoning of 1090 East N. W. Highway from "C-2" Community Business District to "SP" Specific Use 4 Permit District for on premise consumption, alcoholic beverages. Applicant is James Winfrey; Commander, VFW Post 10454. IV. END OF JOINT PUBLIC HEARING. A. City Council to remain in session to consider further agenda items. B. Planning & Zoning Commission to reconvene in the conference room to consider zoning applications and other agenda items. r 4 r i IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S, AS AMENDED BY t CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE JOINT CITY COUNCIL AND PLANNING & ZONING COMMISSION MEET- ING AGENDA WAS PREPARED AND POSTED ON THIS THE 21ST DAY OF MAY, 1976, AT 10:00 A.M. 4 S d CITY S CRETA } F' f i G e S {3{ 3 t i' i P x � CITY OF GRAPEVINE, TEXAS AGENDA SPECIAL CITY COUNCIL MEETING TUESDAY, MAY 25, 1976 AT 8:30 P.M. COUNCIL CHAMBERS - 413 MAIN ST. p t 9 V. PUBLIC HEARING (City Council Only) City Council to hold a Public Hearing for the purpose of considering an application to move a pre-fabricated home into Grapevine. Applicant is Mr. Ralph Thies. VI . CITIZENS REQUEST & MISCELLANEOUS REPORTS & DISCUSSIONS. { i x t x I VII . CONSIDERATION OF THE MINUTES (May llth) R VIII . OLD BUSINESS City Council to appoint members to the Equalization Board. k 9 IX. NEW BUSINESS v A. City Council to present a plaque of appreciation to i former Councilwoman Thelma Conine. a B. City Council to consider a proclamation declaring June 1, 1976 as Dr. 0. C. Taylor Appreciation Day. C. City Council to consider an ordinance controlling helicopters. { i D. City Council to appoint a Mayor Pro-tem for 1976-77. E. City Council to consider the final plat for LaPaloma Estates. F. City Council to consider the recommendation of the Planning & Zoning Commission concerning the application a submitted by Daniel Galindo and Antone Raposa. City Council to also consider an ordinance if zoning is approved. S G. City Council to consider the recommendation of the F Planning & Zoning Commission concerning the application a submitted by James Winfrey. City Council to also consider an ordinance if the zoning is approved. i x IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S. , AS AMENDED BY CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE SnPECIAL CITY COUNCIL MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 21ST DAY OF MAY, 1976, AT 10:00 A.M. r f CITY SECRET t z i CITY OF GRAPEVINE, TEXAS i AGENDA REGULAR PLANNING & ZONING COMMISSION MEETING g TUESDAY, MAY 25, 1976 AT 7:30 P.M. CONFERENCE ROOM-413 MAIN i V. CONSIDERATION OF THE MINUTES (May llth) VI . OLD BUSINESS VII . NEW BUSINESS 4 A. Planning & Zoning Commission to consider the final plat for La Paloma Estates. t B. Planning & Zoning Commission to consider the zoning request submitted by Daniel Galindo and Antone { Raposa and make a recommendation to the Council. i C. Planning & Zoning Commission to consider the zoning request submitted by James Winfrey (VFW) and make a recommendation to the Council. VIII . ADJOURNMENT s K F F F P 1 d R E E S '§ a t i gg } i a i { i 3 IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S, AS AMENDED BY CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, 5 THE REGULAR PLANNING & ZONING COMMISSION MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 21ST DAY OF MAY, 1976 AT 10:00 A.M. E CITY ECRET f i g g pE B g I k STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council and the Planning and Zoning Commission met in joint and regular session at 7:40 P.M. on this the 25th day of May, 1976 with the following members present to-wit: William D. Tate Mayor Charles Gideon Councilman David Florence Councilman Larry Oliver Councilman Doil Dalton Councilman Willis Pirkle Councilman Charles Dunn Councilman constituting a quorum with Ted Ware Commissioner Joe Kennedy Member Harlen Joyce Member Conrad Heede Member constituting a quorum with Cato Jones absent, with Floy T. Ezell City Manager Jim Hancock Assistant City Manager Shirley Armstrong City Secretary John Boyle City Attorney Mayor Tate called the meeting to order. The Invocation was given by Commissioner Ted Ware. The first order of business was for the City Council and Planning & Zoning Commission to hold a Public Hearing for the purpose of considering the rezoning of 121 Main Street from 11C-2" Community Business District to "SP" Sipecific Use Permit District for the storage, retail sale, and serving of alcoholic beverages. (Z76-9) Mayor Tate declared open the Public Hearing and introduced the applicant, Mr. Antone Raposa. Mr. Raposa stated that it was his desire to open a pizza restaurant in Grapevine and to be allowed to serve beer and wine within that restaurant. He continued by saying that he had two other such restaurants within the area, (Irving and Farmers Branch) under the heading of Mama Mias Pizzarea. Mr. Raposa commented that the other two businesses are successful and it is his feeling that a pizza restaurant would be prosperous in Grapevine. He stated that if allowed, the operation would employ approximately eight personnel. Mayor Tate stated that questions were in order from the Planning & Zoning Commission. Member Harlen Joyce asked if Mr. Raposa was requesting beer and wine only for on premise consumption. Mr. Raposa answered yes. Member Harlen Joyce then asked if "On premise" would include consumption in cars on the parking lot. Attorney John Boyle stated that if the structure was defined as the premise, then that would be the only area that alcoholic beverages could be served. t k t 4 F i V There being no further questions from the Planning & Zoning P Commission, Mayor Tate stated that questions were in order ` from the Council. Councilman Florence asked if beer and =_ wine were served in the other two establishments owned by Mr. Raposa. The applicant answered that they were located in dry areas therefore alcoholic beverages were not served. Councilman Florence then asked if there were plans to re- model the building. Mr. Raposa commented that remodeling was presently underway, but that the plans were to utilize most of the facility as it exists with the exception of the overhang which is being converted into an outside patio area. Mr. Raposa acknowledged that approximately twenty- Y eight persons could be served inside the building, and that the patio could accomodate approximately fourteen persons. s Mayor Tate then asked if Mr. Raposa had any objections to limiting the alcoholic beverages to beer and wine only. Mr. Raposa answered that he did not. Councilman Dunn asked who would legally define "the premise. " Attorney John Boyle answered that the Council would define it legally when and if they pass the ordinance either by proper wording or by attaching a site plan to the ordinance. There being no further discussions, Member Conrad Heede made a motion to close the Planning & Zoning 's portion of the Public Hearing. The motion was seconded by the following vote: Ayes : Ware, Joyce, Heede, and Kennedy. Nays: None Councilman Pirkle then made a motion to close the Council 's portion of the Public Hearing. The motion was seconded by c Councilman Dalton and prevailed by the following vote: s Ayes: Tate, Gideon , Florence, Oliver, Dalton, Pirkle & Dunn. Nays: None The next order of business was for the City Council and the Planning & Zoning Commission to hold a Public Hearing for the purpose of considering the rezoning of 1090 East Northwest Highway from "C-2" Community Business District to "SP" Specific E Use Permit District for on premise consumption, alcoholic beverages. (Z76-8) Mayor Tate declared open the Public Hear- ing and introduced Mr. A. N. Willoughby, Sr. , Vice-Commander of VFW Post 10454. Mr. Willoughby stated that the members of VFW Post 10454 were in need of a home post in which to conduct meetings and various other activities. He stated that plans are to make needed improvements on the building as well as to landscape the outside area. Mr. Willoughby stated that the building would be used as a private club for members and guests of members. Mayor Tate then stated that questions were in order form the Planning & Zoning Commission. " Member Joe Kennedy asked if there would be an admission charge. i Mr. Willoughby answered that there would be a charge only if there was a dance sponsored by the V.F. W. Commissioner Ted Ware asked the City Attorney if the VFW re- quest would come under the portion of the City Ordinance which involved a certain percentage of food sales. The City Attorney answered that if the VFW was going to operate under the private club liquor license they would not be required to be a restaurant. t r F. Mayor Tate then stated that questions were in order from the Council. Councilman Gideon stated that it had been brought to the Council 's attention that plumbing and electrical permits had been issued. lie asked if there would be outside improve- ments as well as inside. Mr. Willoughby answered yes , but that the VFW did not wish to commit themselves further until a decision had been made concerning the zoning. Mayor Pro tem Dalton asked how often meetings were held. Mr. Willoughby answered that meetings were held bimonthly. Councilman Dunn asked where the present home post was located. Mr. Willoughby answered that they did not have a permanent location at this time, but that they were meeting temporarily in Southlake. Councilman Dunn asked what would be the area of membership when speaking of a home post. Mr. Willoughby answered that membership was not limited to residents, but that the home post was required to be in Tarrant County. He commented that most of the members at present were residents of Southlake or Grapevine. Councilman Florence asked if the VFW had already entered into a lease in regard to the property in question and if so, would the lease be contingent upon the outcome of the zoning. Mr. Willoughby answered that the VFW has leased the property, but that he is not aware of a contingency clause. Councilman Florence asked if there would be any bingo or other games of chance conducted at this location. Mr. Willoughby answered that at the present time there were no plans to that effect. There being no further discussion from the Council, Mayor Tate asked if there were any guests present to speak for or against the application. Mr. Dave Scruggs stated that he was present to represent Hawkins Avionics. He commented that he would like to go on record as being opposed to the application. Mr. Scruggs stated that it was his feelings that permitting a bar in the area would cause a breakdown in security. The City Secretary then stated that Mr. & Mrs. Bobby Wren; 1076 Easty Street, had asked to go on record as being opposed to the zoning change because most of the property in the area in question is zoned residential. Member Harlen Joyce asked Mr. Willoughby if the club would be open only two nights. Mr. Willoughby answered that it would be open every night. There being no further discussion, Member Joe Kennedy made a motion to close the Planning & Zoning Commission's portion of the Public Hearing. The motion was seconded by Member Conrad Heede and prevailed by the following vote: Ayes : Ware, Kennedy, Joyce and Heede. Nays: None Councilman Pirkle then made a motion to close the Council 's cortion of the Public hearing. The motion was seconded by ouncilman Gideon and prevailed by the following vote: Ayes: Tate, Gideon, Florence , Oliver, Dalton, Pirkle & Dunn Nays: None The next order of business was for the City Council to present a plaque of appreciation to former Councilwoman Thelma Conine. Mayor Tate read the plaque, presented it to Mrs . Conine, and expressed appreciation to her for past dedicated service. Mayor Tate then called a recess at 8: 15 P.M. r F i `s The Council reconvened at 9:05 P.M. with all members present. The next order of business was for the City Council to hold a Public Hearing for the purpose of considering an application to move a pre-fabricated home into Grapevine. Applicant { Ralph Thies was not present. Mayor Tate declared open the Public Hearing. Members of the auaience were informed that this item had been tabled at the May 18th meeting pending an opportunity for the Council members to view the home in question. f Councilman Dalton stated that he had inspected the home and that it was not a modular home, but a mobile home. Council- men Oliver, Gideon and Dunn also stated that they had viewed the unit in question and that it is considered to be a mobile home. Councilman Dunn commented that there was no question that it was a mobile home and if the application was granted it would be in violation of our present city ordinance. Mayor Tate then asked the City Attorney what the proper pro- s cedure would be since it had been established that the home in question is a mobile home. The City Attorney answered that s it would have to be considered as a zoning case. Mayor Tate then asked the City Attorney if any action was necessary by the Council. The City Attorney answered that the Council should go ahead and deny the application and state their reasons for doing so. The City Attorney stated that even though the application was .not before the Council from a zoning standpoint, if there were reservations about a mobile home in that area, in all fairness to the applicant, those views should x be expressed. r Councilman Florence commented that regardless of whether the ? application falls under the definition of a mobile home or s non-mobile home , he would be inclined to vote against the application. He stated that his reason was the fact that he x did not feel a mobile home would be appropriate for the area being considered. =' Mayor Tate then commented that he agreed with Councilman Florence and that because of very nice homes in the vicinity he did not feel that a mobile home would upgrade the area. He further stated that there were approximately thirty-six undeveloped lots in that neighborhood and that he would like to see them upgraded if possible. z Councilman Dunn then made a motion to deny the request. The motion was seconded by Councilman Gideon and prevailed by 3 the following vote: Ayes : Tate, Gideon, Florence, Oliver, Dalton, Pirkle & Dunn Nays: None The next order of business was for the City Council to consider the minutes of May 11, 1976. Counciman Dalton made a motion to dispense with the reading of the minutes and adopt them as printed. The motion was seconded by Councilman Pirkle and prevailed by the following vote: i Ayes : Tate, Gideon, Florence, Oliver, Dalton, Pirkle & Dunn E Nays : None The next order of business was for the City Council to consider appointments to the Equalization Board. The City Manager stated that the Tax Assessor Collector was still in the pro- cess of talking with prospective members and does not have any recommendations at this time. Councilman Pirkle made a motion to table the appointments to the Equalization Board until the meeting of June 1, 1976. The motion was seconded by Councilman Oliver and prevailed by the following vote: Ayes : Tate, Gideon, Florence, Oliver, Dalton , Pirkle & Dunn Nays: None 3 C' The next order of business was for the City Council to consider a proclamation declaring June 1, 1976 as Dr. O. C. Taylor Appreciation Day. The City Secretary read the proposed pro- clamation. Councilman Florence made a motion to adopt the proclamation as read. The motion was seconded by Councilman Dalton and prevailed by the following vote: Ayes: Tate, Gideon, Florence, Oliver, Dalton, Pirkle & Dunn Nays: None The next order of business was for the City Council to consider an ordinance controlling helicopters. City Manager Floy Ezell gave a brief history stating that inquiries had been made con- cerning city regulations in regard to helicopters taking off and landing in Grapevine. The City Manager further stated that he had talked with the City Attorney and it was his recommendation that an ordinance be proposed to the Council that would help in controlling helicopters and heliports in the City. He further commented that all of the provisions provided in the proposed ordinance are under the approval of the Federal Aviation Agency so that Grapevine would not be in conflict with any operation of Dallas/Fort Worth Airport. The City Attorney stated that he would like to call the Council 's attention to two aspects of the proposed ordinance. One, he commented, was Section Eight in regard to minimum heliport requirements . He advised that a heliport would be a permanent type situation that would require proper zoning as well as specific regulations. Secondly, he stated that Section 3 dis- cussed a limited purpose situation which would come about generally in a shopping center opening, an exhibit, or situations where helicopter rides were given for a specific purpose. The City Attorney stated that in this situation, the City Manager would be authorized to issue a permit upon certain requirements being made. The City Secretary then read the caption of the proposed ordinance. Councilman Pirkle made a motion that the ordinance be adopted. The motion was seconded by Councilman IJalton. There was a short discussion concerning various aspects of the ordinance. Councilman Dunn stated that he was hesitant to vote in favor of such an ordinance without having had an opportunity to read and study the proposed document. Mr. Millard Dilg, citizen, stated that in the past, prospec- tive land developers had used helicopters to inspect land, and in fact landed on the site being considered. He commented that this ordinance would appear to prohibit such action. The City Attorney stated that this particular aspect had not been considered at the time the ordinance was written. He commented that the ordinance could be expanded upon and certain details set out more clearly. Councilman Florence stated that he too would like to have an opportunity to consider the proposed ordinance. Councilman Pirkle stated that in view of the discussion, he would with- draw his motion to adopt the proposed ordinance. Councilman Dalton then withdrew his second. Councilman Dunn made a motion to table the proposed helicopter ordinance until the next regular meeting. The motion was seconded by Councilman Oliver and prevailed by the following vote: Ayes: Tate, Gideon, Florence, Oliver, Dalton, Pirkle & Dunn Nays: None a } 4 t The next order of business was for the City Council to t appoint a Mayor Pro-tem for 1976-77. Councilman Florence made a motion that the appointment of a mayor pro-tem for 1976-77 be by open vote. The motion was seconded by Councilman Oliver and prevailed by the following vote: Ayes: Tate, Gideon, Florence, Oliver, Dalton, Pirkle & Dunn Nays : None i ' Councilman Oliver then made a motion to re-elect by acclamation, Councilman Dalton as Mayor Pro tem for 1976-77. The motion was seconded by Councilman Dunn and prevailed by the following vote: Ayes: Tate,Gideon, Florence, Oliver, Pirkle and Dunn Nays: None f Abstain: Dalton The next order of business was for the City Council to consider the final plat for LaPaloma Estates . Mayor Tate ' stated that since the developer was a relative, that he would disqualify himself and asked that Mayor Pro tem Dalton preside during consideration of this item. The City Secretary stated that the Planning & Zoning Commission recommended approval of the final plat with the exception of providing a fifty foot street through lot five because of private property to the west. Mr. Eddie Cheatham, City Engineer stated that the City Staff had made that recommenda- tion to the Planning & Zoning Commission. He commented that the reason was to exercise good planning in the event of emergency services needed in the area as well as to provide proper circulation. Mr. Cheatham stated that in the event the adjoining property was ever developed, an additional P street would be necessary. s Councilman Dunn asked if there was an access road to the adjoining property off of Dove Road. Mr. Cheatham answered that there was. { } Councilman Dalton asked if developer, Lanny Tate, planned G to dedicate 25 ' of frontage along Dove Road for future widening. Mr. Tate answered that he would dedicate the frontage. There was then some discussion between the Councilmen and the City Engineer concerning the necessity of the street. The engineer of the proposed development, Mr. Charles Starnes then came forward to make a statement concerning the street through lot five. Mr. Starnes stated that there were no plans at present to develop the property to the west and that it would not be justifiable to stub a street into that area. He further commented that the preliminary plans were f approved without the recommendation of a street and that final plans were submitted on that basis . Mr. Starnes also stated that maintenance would be a problem in the event a street was stubbed and not used. He continued to say that the expense involved would be quite high. He stated that the cost of the lot would be approximately $6,000, the expense of the pavement would be around $2300, an additional water line and gate valve would be an estimated cost of $750, a sewer iron stub for approximately $500, for a total loss to : the developer of $9500. Councilman Dalton commented that Phase I of the development included around forty-five houses , with only one access road and that this did not seem to be good planning. z r i t r Councilman Dunn stated that he felt it was unfortunate that the preliminary plat was approved without any discussion concerning the stubbing of an additional street. Councilman Pirkle made a motion that the plat be approved with the exception of the recommendation of the Planning & Zoning Commission concerning a street through lot five. The motion was seconded by Councilman Florence and prevailed by the following vote: Ayes: Florence, Oliver, Dalton and Pirkle Nays: Dunn and Gideon Abstain: Mayor Tate The next order of business was for the City Council to consider the recommendation of the Planning & Zoning Commission concern- ing the application submitted by Daniel Galindo and Antone Raposa. (Z76-9) City Council to also consider an ordinance if zoning is granted. The City Secretary stated that the Planning & Zoning Commission recommended approval of the application for the serving of beer and wine only, and that the premise shall be defined as the structure only, to also include that portion of the building which is presently being screened. The City Secretary then read the caption of the proposed ordinance. There was no discussion. Councilman Dunn made a motion to accept the recommendation of the Planning & Zoning Commission and grant approval of zoning application 7.76-9. The motion was seconded by Councilman Pirkle and prevailed by the following vote: Ayes: Tate, Florence , Gideon, Oliver, Dalton, Pirkle, & Dunn Nays: None ORDINANCE 76-12 AN ORDINANCE AMENDING ORDINANCE NO. 70-10, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS , SAME BEING ALSO KNOWN AS TITLE 10 OF THE CITY CODE OF GRAPEVINE, TEXAS GRANTING A ZONING CHANGE ON A TRACT OF LAND DESCRIBED AS BEING A LOT, TRACT, OR PARCEL OF LAND LYING AND BEING SITUATED IN TARRANT COUNTY, TEXAS, BEING A PART OF THE A. F. LEONARD AND WILLIAM DOOLEY SURVEYS, IN THE CITY OF GRAPEVINE, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY TO "SP" SPECIFIC USE PERMIT DIS- TRICT FOR THE STORAGE, RETAIL SALE, AND SERVING OF BEER AND WINE ONLY, ON PREMISE CONSUMPTION ONLY, AND A RESTAURANT IN ACCORDANCE WITH THE ATTACHED SITE PLAN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RE- LATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT HEREIN MADE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. The next order of business was for the City Council to consider the recommendation of the Planning & Zoning Commission concern- ing the application submitted by James Winfrey on behalf of the V.F.W. (Z76-08) City Council to also consider an ordinance if the zoning is approved. i i The City Secretary stated that the Planning & Zoning a Commission recommended denial of zoning application Z76-08 requested by the VFW because they did not feel that the } location was proper for a private club, the building was in a run down state, and there were objections by property owners within 200 feet. The City Secretary then read the caption of the proposed ordinance. Councilman Florence made a motion that the Council accept the recommendation of the Planning & Zoning Commission and deny approval of Zoning Application Z76-08 submitted by the VFW. The motion was seconded by Councilman Oliver and prevailed by the following vote: Ayes : Gideon, Florence, Oliver, Dalton, Pirkle & Dunn Nays : Mayor Tate ` Mayor Tate then stated that he voted against the motion be- cause he felt the building was in a run down state and that this would have been an opportunity to improve the appearance of the structure. He further commented that if the Council s was not going to rezone the property and the building not going to be used, that the Inspection Department needs to evaluate its future use. Councilman Dalton commented that he voted to accept the recommendation of the Planning & Zoning Commission because he felt that they had probably given the application more € time and thought than he had. He further stated that he did t not vote against the application because of security reasons. g There being no further business to come before the Council, Councilman Oliver made a motion to adjourn the meeting . The motion was seconded by Councilman Pirkle and prevailed by the following vote: x Ayes : Tate, Gideon, Florence, Oliver, Dalton, Pirkle & Dunn Nays: None f t j PASSED AND APPROVED this the _ day of , 1976. z ATTEST City ecret L t z E