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HomeMy WebLinkAbout1976-05-11 Joint Meeting� � 3 � i G � CITY OF GRAPEVINE � t � AGENDA � � SPECIAL JOINT CITY COUNCIL AND � PLANNING & ZONING COMMISSION MEETING � TUESDAY, MAY 11, 1976 AT 7: 30 P.M. � COUNCIL CHAMBERS — 413 MAIN � i � I. CALL TO ORDER � i � II. INVOCATION: Councilman Dunn � � � III. PUBLIC HEARINGS � k A. The City Cauncil and Planning & Zoning Commission to hold a Public Hearing for the purpose of considering � � the rezoning of Tracts 16 and 17, Shamrock Shores Estates � from "R-1" Temporary to "SP" Specific Use Permit District � for the retail sale of beer for off-premise consumption � only and retail sales as permitted under "C-2" Zoning. � Applicants are Mr. & Mrs. Jesse L. Woods. (Z76-5) � � � � B. The City Council and Planning & Zoning Commission � to hold a Public Hearing for the purpose of considering � the rezoning of 43 .111 acres out of the J. L. Whitman � and Joel Hallum Survey from "PD" Planned Development � _ District to "R-1" Single Family Dwelling District. � � Applicant is Robert L. Taylor. (Z76-7) � � IV. END OF JOINT PUBLIC HEARING � � � � A. City Council to remain in session to consider further � agenda items. � � � B. Planning & Zoning Commission to recess to the � � Conference Room to consider further agenda items. � � � f � � � � � > �: � � j. �: �' r � � i � d IN ACCORDANCE WITH ARTICLE 6252-17 V.A.T.C.S. AS AMENDED BY � CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, � THE JOINT CITY COUNCIL AND PLANNING COMMISSION AGENDA WAS � PREPARED AND POSTED THIS THE 7TH DAY OF MAY, 1976 AT 10:15 i A.M. # � � / ; � � CITY ECRE Y �' i i : ; � � � �. � � a P �` i i � 1 CITY OF GRAPEVINE � i AGENDA � t SPECIAL CITY COUNCIL MEETING g TUESDAY, MAY 11, 1976 AT 8:00 P.M. � COUNCIL CHAMBERS - 413 MAIN j � € � � � V. CITIZENS REQUEST AND/OR MISC. REPORTS AND DISCUSSIONS ' VI. CONSIDERATION OF THE MINUTES (May 3, 1976) � VII. NEW BUSINESS A. City Council to consider the recommendation of the Planning & Zoning Commission on Zoning � Application Z76-5; Mr. & Mrs. Jesse Woods, appli- � cants. City Council also to consider an ordinance g if zoning is approved. ' � _ B. City Council to consider the recommendation of � the Planning & Zoning Commission on Zoning ; Application Z76-7; Robert L. Taylor, applicant. � City Council to also consider an ordinance if ? � zoning is approved. ? � VIII. ADJOURNMENT ' e � � � � � �: � � � �' � € � � � � � E i ( r � IN ACCORDANCE WITH ARTICLE 6252-17 V.A. T.C.S. AS AMENDED BY � CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION THE SPECIAL CITY COUNCIL AGENDA WAS PREPARED AND POSTED ON i THIS THE 7TH DAY OF MAY, 1976 AT 10:15 A.M. ` � i ,. # , � �' e � CI SE TARY � �. �: �. S �i � � � � I � � s( �; i i t CITY OF GRAPEVINE � � EMERGENCY AGENDA ITEM ? SPECIAL CITY COUNCIL MEETING i TUESDAY, MAY 11, 1976 AT 8:00 P.M. � ; c E t � i i i VII. NEW BUSINESS ; F C. City Council to consider the recommendation of the ; Planning & Zoning Commission concerning the prelimi- nary plat of 43.111 acres out of the J. L. Whitman and ,Toel Hallum Survey. (Zoning Application Z76-7) f f This item has been placed on the City Council Agenda as an � emergency item in that the developer has a time schedule to � meet and immediate action is necessary to insure the health, ' safety, and general welfare of the citizens of the city of s Grapevine, Texas. � x � � � � � � ; � € � _ � i 3 S f � 7 � Y K f F � 4 � 3 { f x � 4 � i �: � °r i- @ € IN ACCORDANCE WITH ARTICLE 6252-17 V.A.T.C.S. AS AMENDED BY j;, CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, F THE CITY COUNCIL EMERGENCY AGENDA WAS PREPARED AND POSTED }: ON THIS THE 11TH DAY OF MAY, 1976 AT 2:15 P.M. s i 8 t. E , � CIT SEC AR � � � € € � €: � t � ;. i � tq d. � § � 3 � e: j 8 j € ( � t � CITY OF GRAPEVINE # � � AGENDA ' � SPECIAL PLANNING & ZONING COMMISSION MEETING � , TUESDAY, MAY 11, 1976 AT 8:00 P.M. ; ; CONFERENCE ROOM - 413 MAIN � 1 3 i � � V. CONSIDERATION OF THE MINUTES (April 27, 1976) ; VI. OLD BUSINESS ' � VII. NEW BUSINESS � Planning & Zoning Commission to consider Zoning Application Z76-5; Applicant Jesse Woods, and make a recommendation to the Council. � Planning & Zoning Commission to consider Zoning Application Z76-7; Applicant Robert L. Taylor, and make a recommendation to the Council. f � VIII. ADJOURNMENT ; � � � , 4 S 1 ! � ! f ) 3 f hy S 4 � E. f' k k � € IN ACCORDANCE WITH ARTICLE 6252-17 V.A.T.C.S. AS AMENDED BY � CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, ' � THE SPECIAL PLANNING & ZONING COMMISSION AGENDA WAS PREPARED � AND POSTED ON THIS THE 7TH DAY OF MAY, 1976 AT 10:15 A.M. z � � � 3 4 � CIT SEC AR � E � � 7 � s � � P � t CITY OF GRAPEVINE ' EMERGENCY AGENDA TTEM � SPECIAL PLANNING & ZONING COI�SMISSI4N MEETING ; 3 3 TUESDAY, MAY 11, 1976 AT 8:Q0 P.M. � 1 � VII. NEW BU�INESS � , C. Planning & Zoning Commission to cansider the ; preliminary plat af 43.1Z1 acres aut af the J.L. Whitman and Jael Hallum Survey (Zaning Application ; Z-?6-7) and make a recommendafiian ta the council. � Y This item has been placed an the Planning & Zoning Commissian agenda a� an emergency item in �.hat the developer has a time � schedule to meet and immediate actian is necessary to a.nsure �he health, safety, and general welfare of the citizens of the � City of Grapevine, Texas. � � � ; � F � � � � � � 1 � # � S � 3 � P # t � a a r: i': E � f � t. r. i i';. t,`; � t � F- 5 a c r j F 4 1 i � i' `s IN ACCORDANCE WI'I'I� ARTIGLE 6252-17 V.A.'I'.C.�. AS AMENDEI} BY CHAPTER 227, ACT� OF THE 61ST LEGISLATURE, REGULA R SESSION, TFiE PLANNING AND ZONZNG C{}NIM.ISSION EMERGENCY AGENDA WAS PREPARED AND POSTED ON THIS THE 11TH DAY OF MAY, 1976 AT 2:15 P.M. � ; _ i fi t 3- CITY SECRE R g � : z- , �' � �}� $: � STA�E OF TEXAS X COUNTY OF TARRANT � CITY OF GRAPEVINE � The City Council and the Planning & Zoning Commission of the City of Grapevine, Texas , convened in Joint and Special Session at 7:45 P.M. on this the llth day of May, 1976 with the following members present to-wit: ,�' William D. Tate Mayor Thelma .Conine Councilwoman Doil Dalton Councilman "� David Florence Councilman Larry Oliver Councilman Charles Dunn Councilman Willis Pirkle Councilman constituting a quorum with Ted Ware Commissioner Joe Kennedy Member � Harlen Joyce Member Cato Jones Member' Conrad Heede ' Member � with � Rloy Ezell . , City Manager . Shirley Armstrong City Secretary _ Ben Brooks Acting City Attorney with Jim Hancock, Assistant City Manager absent. Mayor Tate called the� meeting to order. The Invocation was given by Councilman Dunn. ::� ' The first order of business was the City Council and Planning & Zoning Commission to hold a Public Hearing for the purpose of considering the rezoning of Tracts 16 and 17, Shamrock Shores Estates from "R-1" Temporary to "SP" Specific Use Permit District for the retail sale of beer for off-premise consumption only and retail sales as permitted under "C-2" Zoning. Applicants are Mr. & Mrs . Jesse L. Woods. (Z76-5) Mayor Tate declared open the Public Hearing and introduced Mr. Jesse Woods to make his presentation. Mr. Woods used a transparency to point out the exact location of the property and stated that it was on the corner of Dove Road and Dove Loop. He stated that the property was bound on two sides by highly traveled roads , Dove Road on the west and the government road on the east. He commented that there were. 350 feet of. frontage on Dove Road and at least 200 feet frontage on the corp road. He further stated that considering the location, surrounding properties, streets, and roads, the piece of property in question would be useful on a long term commercial basis only. Mr. Woods stated that this con- cept was recognized by the engineers who made the land use plan recommendation. He commented that it was their recommendation that that particular piece of property be zoned commercial when .they prepared the future land use map. He further acknowledged that other property in the area has already been zoned commercial or is a planned development area. Mr. Woods then used a transparency to show the location of the building in regard to the property. Mr. Woods then stated that he would ans�ver any questions that the Planning & Zoning Commission or the Council might have. Member Harlen Joyce asked if Mr. Woods was going to have a rear entrance off of the government property. Mr. Woods answered that he was not. Mr. Joyce then asked if there would be a fence at the rear of the property. Mr. Woods answered that there probably would not be, but that it would depend on government regulations . Mr. Woods then stated that after the zoning was consumated that his plans were to seek a lease agreement with a .. convenience food store f ranchise chain. He commented that the architecture of the building would have to be in accordance with the franchise agreement as well as city building codes. Member Joe Kennedy asked if Mr. Woods had ,„� received any encouragement f rom the convenience stores. Mr. Woods replied that he had talked with some, but until the property was zoned commercial there was little to discuss. Member Conrad Heede asked if Mr. Woods had permission from the present owner to rezone the property since the sale was not yet final. Mr. Woods answered that there was a letter filed with the City Secretary granting him permission to act on behalf of the present owner. Mayor Tate stated that questions were now in order from the City Council. Councilman Dalton asked if the proposed loca- tion for the sale of alcoholic beverages was the proper dis- tance from Dove Elementary as provided by the city's zoning ordinance. Mr. Woods answered that it was. Councilman Dunn asked if Mr. Woods was requesting C-2 Zoning. Mr. Woods answered yes and stated that in order for it to be economically feasable to put a food store on the location, he must be able to sell beer for off premise consumption. He further acknowledged that the only way, under the present arrangement, for off premise consumption authorization, is to have a specific use permit which is within the C-2 authori2ation. Councilman Dunn then stated that it was his understanding that Mr. Woods was not yet the owner of one piece of the property being considered. Mr. Woods answered that that was true, but that he was under contract for the land. Councilman Dunn then stated that it was possible that the Council would be zoning some property that might not be- long to Mr. Woods. Mr. Woods answered that that was possible, but highly unlikely. Mayor Tate then commented that the critical point was whether or not the property was suitable for C-2, or this type of business, rather than who owns the property. There was little further discussion f rom the Council and Mayor Tate recognized Mr. Ron Nery; 1323 Dublin; Grapevine, Texas. Mr. Nery stated that he owned three lots approximately 160 feet from the property in q uestion. He commented that when he moved into Shamrock Shores Estates, he had felt confident that it was a residential area. He further commented that he felt the application to be inconsistant with the general character of the neighborhood. He stated that in view of the fact that beer can be bought in just about every gas station and store in Grapevine, that the City is leaning a ;, little too heavy toward the sale of alcoholic beverages. Mr. Conrad Heede, member of the Planning & Zoning Commission asked Mr. Nery if he would be in favor of a "C-2" Zoning without the "SP" Specific Use Permit. Mr. Nery answered that he felt that the light, blowing papers , and extra noise would detract from the residential character of the east side of the road. The City Secretary then stated that she was in receipt of a letter from Mrs. Lillian Schwertz, a property owner within 200 feet. In brief, the letter stated that she was opposed to the approval of the requested zoning change. � � � � � � � � � � There being no further discussion, Planning & Zoning Member, � Joe Kennedy made a motion to close the Planning & Zoning } 4- portion of the Public Hearing. The motion was seconded by � Member Conrad Heede and prevailed by the following vote: ` �. Ayes: Ware, Joyce, Kennedy, Heede, and Jones � Nays: None ¢ � Councilman Dunn made a motion to close the Council 's portion `' of the Public Hearing. The motion was seconded by Council- � man Pirkle and prevailed by the following vote: � Ayes: Tate, Coning, Florence, Oliver, Dalton, Pirkle & Dunn. Nayes: None �'``' x k The next order of business was for the the City Council and ' Planning & Zoning Commission to hold a Pulbic Hearing for ; the purpose of considering the rezoning of 43.111 acres out E of the J. L. Whitman and Joel Hallum Survey from "PD" P�.anned = Development District to "R-1" Single F'amily Dwelling District. ' Applicant is Robert L. Taylor. (Z76-7) Mayor Tate then de- � ' clared open the Public Hearing and introduced Mr. Bob Taylor, � applicant. Mr. Taylor stated that the request was for the E rezoning of a 23 acre tract that is located to the west and ; - north of Dove Park and bounded on the northwest side by � Corps of Engineer property. Mr. Taylor asked if it would � be in order to present the preliminary plan of the same } property at this time since it too was included on the � agenda. The City Attorney answered that it would be per- � = missable. Copies of the preliminary plat were then made � available to the members of the Planning & Zoning Commission and the Council. Mr. Taylor then introduced Mr. Bob Rooley, � design engineer of the preliminary plat, and stated that Mr. � Rooley would be able � answer any questions concerning the � matter. `` � � Member Conrad Heede asked what would be the size of the � proposed lots. Mr. Rooley answered that he had maintained � a 7200 square feet minimum. � � 7 Member Harlen Joyce asked if there would be a restriction on � ` the size house that could be built. Developer, Lanny Tate = answered that there would probably be a minimum of 1250 square feet, but that the restrictions had not been set to date. � Mayor Tate then stated that questions were in order from the < Council. Councilman F'lorence asked how many houses were being planned for the development. Mr. Rooley answered that there were 155. ; I City Manager, Rloy Ezell stated that the plat had been re- ; viewed by the city�s engineering staff and that they found � no fault with the preliminary plans. He further commented � that the 25 foot easement for the widening of Dove Road ; would be dedicated on the north to allow the widening of � Dove Road tor�vard the west. � � Mayor Tate then asked if there were any guests present who ` wished to speak for or against the application. Mr. C. L. Chambers, Grapevine property owner, stated that he was in ' favor of granting the rezoning and approving the preliminary plat. He further commented that he felt the proposed plan wouid give pride of ownership to the type of people that were wanted in Grapevine. � There being no further discussion, Member Harlen Joyce made � a motion to close the Planning & Zoning portion of the Public ! Hearing. The motion was seconded by Member Cato Jones, and � prevailed by the following vote: � Ayes: Ware, Joyce, Jones, Heede & Kennedy. ; Nayes: None � a � � i ! Councilman Dalton made a motion to close the Council's portion of the Public Hearing. The motion was seconded by Council- woman Conine and prevailed by the following vote: Ayes: Tate, Conine, Florence, Oliver, Dalton, Pirkle and Dunn. Nayes: None Mayor Tate then stated that the Council would recess while the Planning & Zoning Commission considered their recommendation of the agenda items. The City Council reconvened at 9:35 P.M. Mayor Tate asked the City Secretary if she had a recommendation from the Planning and Zoning Commission, concerning Mr. Woods application. The City Secretary answered that the Planning and Zoning Commission recommended denial of the application because the immediate adjoining property was residential. Councilman Dunn made a motion to accept the recommendation of the Planning & Zoning Commission and deny the request of zoning application Z�6-5. The motion was seconded by Councilwoman Conine. Councilman Dalton asked what the proposed zoning was for the property on the Future Land Use Plan. The City Manager answered that the recommended zoning was commercial. Mayor Tate then asked if the Planning & Zoning Commission, in their evaluation, were recommending that the Future Land Use Map be amended to eliminate any commercial property on the east side of Dove. Commissioner Ware answered that that seemed to be the general consensus. Councilman Dalton stated that he did not like to oppose the Planning & Zoning Commission be- cause he respected them very much, but continued to say that he would like to personally take a look at the property in question. There was no further discussion and the Mayor called for a vote on the motion previously made. The motion prevailed by the following vote: Ayes: Tate, Conine, Oliver, Pirkle and Dunn. Nayes: Dalton and Florence. The next order of business was for the City Council to consider the recommendation of the Planning & Zoning Commission concern- ing Application Z76-7. Mayor Tate then disqualified himself and asked Mayor Pro-tem Dalton to continue the proceedings. Mayor Pro-tem asked the City Secretary to report the recommenda- tion of the Planning & Zoning Commission. The City Secretary stated that the Planning & Zoning Commission recommended approval of the requested zoning. There was little discussion and Councilman Oliver made- a motion to approve the requested zoning and to adopt the proposed 2oning ordinance. The motion was seconded by Councilman Florence and prevailed by the follow- ing vote: Ayes: Dalton, Conine, Florence, Oliver, Pirkle and Dunn. Nays: None Abstain: Mayor Tate ORDINANCE NO. 76-11 AN ORDINANCE AMENDING ORDINANCE NO. 70-10, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GR.APEVINE, TEXAS, SAME BEING l�I�SO KNOWN AS TITLE 10 OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING A ZANING CHANGE ON A TRACT OF LA1VD DESCRIBED AS: 43.111 ACRES OUT OF THE J. L. WHITMAIV AND JOEL HALLUM SURVEY, TARRANT COUNTY, TEXAS, MORE RIJLLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "PD" PLANNED DEVEIAPMENT DISTRICT TO "R-1" SINGLE FAMILY DWELLING DISTRICT; CORRECT- ING THE OFRICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORAL.S, AND GENERAL WELFARE DEMAND A ZONING CHI�NGE AND AMENDMENT HEREIN MADE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. ; I E s � ! � � � ; � The next order of business was to consider the recommendation � of the Planning & Zoning Commission concerning the preliminary � plat of 43.111 acres out of the J. L. Whitman and Joel Hallum ; Survey. The City Secretary stated that the Planning & Zoning � Commission recommended approval of the preliminary plat as i presented. Councilman Dunn made a motion to accept the re- � commendation of the Planning & Zoning Commission and approve � :; the preliminary plat. The motion was seconded by Council- � 'r woman Conine and prevailed by the followirx� vote: � 3 Ayes: Dalton, Conine, F'lorence, Oliver, Pirkle and Dunn. � Nays: None � Abstain: Mayor Tate � � F There being no further business to come before the Council, � Councilman Oliver made a motion to adjourn the meeting. t The motion was seconded by Councilman Pirkle and all present ` voted aye. � � The meeting adjourned at 9:45 P.M. � � � � z � i i � 1 PASSED AND APPROVED this the �_ day of , 1976. � , , � _ � t w � " �._.__ t fr�`� `� _?., -�. � .,�` � � ��;, }. -t�-�-' � Mayor s E �'. ! ATTEST: ' i . � City ecre y � � � , � � _ � � _ � � � � _ � � � � � �a 's � � � � � e � � € 8 } � � `i A@ % t e