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HomeMy WebLinkAbout1998-12-1510i = CZ0400 •�� STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Planning and Zoning Commission of the City of Grapevine, Texas met in Special Briefing Session on this the 15th day of December, 1998 at 7:00 p.m. in the Planning and Zoning Conference Room, 200 South Main Street, 2nd Floor, Grapevine, Texas with the following members present -to -wit: Larry Oliver Chris Coy Stephen Newby Herb Fry Cathy Martin Kevin Busbee Danette Murray Elaine Christy Chairman Vice - Chairman Member Member Member Member 1 st Alternate 2nd Alternate with Cathy Martin arriving at 7:03 p.m. and Kathy Martinez arriving at 7:14 p.m. constituting a quorum, and the following City Staff: H.T. (Tommy) Hardy Ron Stambaugh Stephen Kindrick Scott Dyer Steve Homeyer Mark Fredricks Susan Howard CALL TO ORDER Director of Development Services Planner II Planner 11 Sr. Civil Engineer Jr. Civil Engineer Grad. Civil Engineer Planning Secretary Chairman Oliver called the meeting to order at 7:00 p.m. ITEM 1. BRIEFING SESSION Chairman Oliver announced the Planning and Zoning Commission would conduct a briefing session relative to the following cases: Z98 -27 & CU98 -65 Z98 -29 & CU98 -68 CU98 -62 CU98 -63 CU98 -66 BS121598 Homestead Winery Texaco 7 -11 AmeriSuites Texas Toyota P & Z BRIEFING SESSION DECEMBER 15, 1998 CU98-70 Holiday Inn Express Amendments to the Comprehensive Zoning Ordinance to discuss development issues. ADJOURNMENT After a brief discussion, Chairman Oliver adjourned the meeting at 7:25 p.m. PASSED AND APPROVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF GRAPEVINE, TEXAS ON THIS THE 15TH DAY OF DECEMBER, 1998. 15TATIJI&O-16AWN, 'CHAIRMAN 6f SEtRITARY NOTE: Planning and Zoning Commission continued with the Joint Public Hearing BS 121598 2 - tel E ..; STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Planning and Zoning Commission of the City of Grapevine, Texas met in Joint Public Hearing with the City Council, on this the 15th day of December, 1998, in the City Council Chambers, 200 South Main Street, 2nd Floor, Grapevine, Texas with the following members present -to -wit: Larry Oliver Chris Coy Kathy Martinez Stephen Newby Herb Fry Cathy Martin Kevin Busbee Danette Murray Elaine Christy Chairman Vice - Chairman Member Member Member Member Member 1 st Alternate 2nd Alternate constituting a quorum, and the following City Staff: H.T. (Tommy) Hardy Ron Stombaugh Stephen Kindrick Scott Dyer Steve Homeyer Mark Fredricks Susan Howard Director of Development Services Planner II Planner II Sr. Civil Engineer Jr. Civil Engineer Grad. Civil Engineer Planning Secretary Mayor Tate called the joint meeting to order at 7:37 p.m., and Chairman Larry Oliver called the Planning and Zoning Commission deliberation session to order at 8:16 p.m. INVOCATION Commissioner Chris Coy delivered the Invocation. 121598 1 PUBLIC HEARING Z98-27 & CU98-6 — HOMESTEAD WINERY First for the Commission to consider and make a recommendation to the City Council was Zone Change Request Z98-27 and Conditional use Request CU98- 59 submitted by Gabriel and Barbara Parker for property located at 211 East Worth Street and platted as Lot 4, Block 35, City of Grapevine. The applicant was requesting to rezone 0.4747 acres from "GV" Grapevine Vintage District to "HGT" Historic Grapevine Township District and to revise the previously approved site plan of Conditional Use Permit CU98-02 (Ord. 98-27) with the possession, storage, retail sales, on-premise, and off-premise consumption of alcoholic beverages (wine only) in conjunction with a wine tasting facility, specifically to allow a wine tasting facility in the Historic Grapevine Township District, access drive realignment, the addition of a patio on the east side of the building, and the modification of landscaping in the front yard. The applicant went before the Historic Preservation Commission on December 2, 1998 to request a recommendation to the City Council and the Planning and Zoning Commission that the zone change be allowed. The Historic Grapevine Township District Regulations requires this recommendation before any property is rezoned to the Historic Grapevine Township District. The Historic Preservation Commission recommended the rezoning of the property to "HGT" Historic Grapevine Township District on the condition that the existing gravel in the front yard be removed and grass planted in its place. The plan presented to the Historic Preservation commission had landscape planter boxes in the required front yard. However, the existing gravel was to remain. The applicant has since submitted a revised site plan addressing the requirements set by the Historic Preservation Commission. The applicant went before the Board of Zoning Adjustment on Monday, February 2,1998, and received the following variances to Section 23 "GV" Grapevine Vintage District of the City of Grapevine Comprehensive Zoning Ordinance. 1. Section 23A.F.4., Grapevine Vintage District Regulations to allow a district size of 0.4747 acres as shown on the site plan. 2. Section 23A.G.1., Grapevine Vintage District Regulations to allow a lot width of one hundred ten (110) feet as shown on the site plan. 121598 2 NOW 3. Section 23A.H.2., Grapevine Vintage District Regulations to allow a twenty - nine (29) foot additional building setback from a district zoned "R -7.5" Single Family Residential District as shown on the site plan. These variances were necessary to facilitate the rezoning of the subject property from "CBD" Central Business District to "GV" Grapevine Vintage District of the February 17,1998 joint public hearing. Mr. Michael Zerbach, representing the applicant, requested favorable consideration for the application. Mr. Gerald McCann, spoke concerning landscaping, fencing and the additional drainage on his property. With no further questions, guests to speak, 1 letter of concern, the public hearing was closed. In the Commission's deliberation session, Chris Coy moved, with a second by Stephen Newby, to approve Zone Change Request Z98 -27, which prevailed by the following vote: Ayes: Oliver, Coy, Martinez, Newby, Fry, Martin, and Busbee Nays: None In the Commission's deliberation session, Chris Coy moved, with a second by Stephen Newby, to approve Conditional Use Request CU98 -65, which prevailed by the following vote: Ayes: Oliver, Coy, Martinez, Newby, Fry, Martin, and Busbee Nays: None Z98 -29 & CU98 -68 TEXACO Next for the Commission to consider and make a recommendation to the City Council was Zone Change Request Z98 -29 and Conditional Use Request CU98 - 68 submitted by Anwar Dossani of Nirmal and Armaan Enterprises, Inc. for property located at 1221 State Highway 114 East and proposed to be platted as Lots 1 and 2, Block 1, Wallcon Addition. The applicant was requesting to rezone 2.379 acres from "PCD" Planned Commerce Development District to "CC" Community Commercial District and a Conditional Use Permit to establish a gasoline sales /drive -thru restaurant/convenience store with off - premise alcoholic beverage sales (beer and wine only) and a 40 -foot pole sign. 121598 3 Mr. Gordon Mayer, representing the applicant, requested favorable consideration of the application. With no further questions, guests to speak, letters or petitions, the public hearing was closed. In the Commission's deliberation session, Herb Fry moved, with a second by Chris Coy to approve Zone Change Request Z98-29, which failed by the following vote: Ayes: Coy and Fry Nays: Oliver, Martinez, Newby, Martin and Busbee After further discussion, Cathy Martin moved, with a second by Kathy Martinez to table Zone Change Request Z98-29 to the January 19, 1999 joint public hearing in order for the applicant to make revisions to the site plan regarding the cross access on the southwest corner of Lot 1, which prevailed by the following vote: Ayes: Oliver, Martinez, Newby, Martin and Busbee Nays: Coy and Fry After further discussion, Cathy Martin moved, with a second by Kathy Martinez to amend her previous motion to table Zone Change Request Z98-29 to the January 5, 1999 joint public hearing, which prevailed by the following vote: Ayes: Oliver, Martinez, Newby, Martin and Busbee Nays: Coy and Fry In the Commission's deliberation session, Cathy Martin moved, with a second by Stephen Newby to table Conditional Use Request CU98-68 to the January 19, 1999 joint public hearing in order for the applicant to make revisions to the site plan regarding the cross access on the southwest corner of Lot 1, which prevailed by the following vote: Ayes: Oliver, Martinez, Newby, Martin and Busbee Nays: Coy and Fry After further discussion, Cathy Martin moved, with a second by Stephen Newby to amend her previous motion to table Conditional Use Request CU98-68 to the January 5, 1999 joint public hearing, which prevailed by the following vote: Ayes: Oliver, Martinez, Newby, Martin and Busbee Nays: Coy and Fry 121598 4 • ; Z JOINT PUBLIC HEARING DECEMBER •9• CU98 -62 — 7 -11 Next for the Commission to consider and make a recommendation to the City Council was Conditional Use Request CU98 -62 submitted by T. Douglas Hazelbaker of Matthews Investments Southwest, Inc. in conjunction with Grapevine Mills Residual L.P. for property located at 2101 Bass Pro Drive and platted as Lot 2A, Block 1, Grapevine Mills Addition, Phase 2. The applicant was requesting to amend the approved site plan of CU98 -25 (Ordinance 98 -77) for a Planned Commercial Center in excess of 1,000,000 square feet of gross leasable area, specifically to allow the development of a gasoline sales /convenience store (7- Eleven) with off - premise consumption of alcoholic beverages (beer and wine only) in the Phase 2 area of the Grapevine Mills Mall. Ms. Janet Briel, Director of Peripheral Development for the Mills Corporation at the Grapevine Mills Mall has requested that CU98 -62 be withdrawn. With no further questions, guests to speak, letters or petitions, the public hearing was closed. In the Commission's deliberation session Chris Coy moved, with a second by Herb Fry, to accept the applicant's request to withdraw Conditional Use Request CU98 -62, which prevailed by the following vote: Ayes: Oliver, Coy, Martinez, Newby, Fry, Martin and Busbee Nays: None CU98 -63 - AMERISUITES Next for the Commission to consider and make a recommendation to the City Council was Conditional Use Request CU98 -63 submitted by Wayne Newton of Suite Vine, Ltd. in conjunction with Grapevine Mills Residual L.P. for property located at 2220 Grapevine Mills Circle West and is proposed to be platted as Lot 1, Block 6, Grapevine Mills Addition, Phase 1. The applicant was requesting to amend the approved site plan of CU98 -57 (Ordinance 98 -130) for a planned commercial center in excess of 1,000,000 square feet of gross leasable area, specifically to allow the development of a 128 -room, 6 -story hotel (AmeriSuites) in the Phase 1, outparcel area of the Grapevine Mills Mall. Accompanying this application was a formal request from the Mills Corporation asking to extend the use of the temporary parking fields at Anchor Pads A and B at the Grapevine Mills Mall until January 15, 2000. The use of these areas for temporary parking was approved by Council at the June 16, 1998 joint public hearing and is set to expire on January 15, 1999. The original request 121598 5 associated with the use of these areas for temporary parking was considered and approved by Council at the August 19, 1997 joint public hearing, which expired on February 15, 1998. Council granted the first extension at the June 16, 1998 joint public hearing. Ms. Janet Briel, representing the applicant, requested favorable consideration of the application. With no further questions, guests to speak, letters or petitions, the public hearing was closed. In the Commission's deliberation session Chris Coy moved, with a second by Kevin Busbee, to approve Conditional Use Request CU98-63, which prevailed by the following vote: Ayes: Oliver, Coy, Martinez, Newby, Fry, Martin, and Busbee Nays: None FINAL PLAT APPLICATION - LOT 1 BLOCK 6, GRAPEVINE MILLS ADDITION, PHASE 1 Next for the Commission to consider and make a recommendation to the City Council was the Statement of Findings and Final Plat application of Lot 1, Block 6, Grapevine Mills Addition, Phase 1. The applicant was final platting 9.839 acres to divide Lot 1 out of Block 6. The property is located on the north side of Anderson-Gibson Road, north of the D/FW Hilton and is currently zoned "CC" Community Commercial. With no further questions, guests to speak, letters or petitions, the public hearing was closed. In the Commissioner's deliberation session, Chris Coy moved to approve the Statement of Findings and Final Plat Application of Lot 1, Block 6, Grapevine Mills Addition, Phase 1. Kevin Busbee seconded the motion, which prevailed by the following vote: Ayes: Oliver, Coy, Martinez, Newby, Fry, Martin, and Busbee Nays: None CU98-66 — TEXAS TOYOTA Next for the Commission to consider and make a recommendation to the City Council was Conditional Use Request CU98-66 submitted by Phil Morley of 121598 6 P & Z JOINT PUBLIC HEARING DECEMBER 15, 1998 Morley Architects for property located at 801 State Highway 114 East and proposed to be platted as Lot 1R, Block A, Tigue Grapevine Addition. The applicant was requesting to amend the approved site plan of CU97 -32 (Ordinance 97 -86) for a planned commercial center for automobile sales and service with fifty percent or more of new automobile sales, to allow the addition of two shade structures behind the parts and service building on the northwest side of the property. Ms. Louise Halprin requested favorable consideration of the application. With no further questions, guests to speak, letters or petitions, the public hearing was closed. In the Commission's deliberation session Chris Coy moved, with a second by Stephen Newby, to approve Conditional Use Request CU98 -66, which prevailed by the following vote: Ayes: Oliver, Coy, Martinez, Newby, Fry, Martin, and Busbee Nays: None Next for the Commission to consider and make a recommendation to the City Council was Conditional Use Request CU98 -70 submitted by Robert Schneeberg for property located at 309 State Highway 114 West and platted as Lot 13, Block 6, Metroplace, Second Installment. The applicant was requesting to amend the approved site plan of CU98 -28 (Ord. 98 -80) for a planned commercial center, specifically to allow for the development of a 50,661 square foot, 94 -room, 3- story hotel (Holiday Inn Express). Mr. Robert Schneeberg requested favorable consideration of the application. With no further questions, guests to speak, 1 letter of support, the public hearing was closed. In the Commission's deliberation session Cathy Martin moved, with a second by Stephen Newby, to approve Conditional Use Request CU98 -70, which prevailed by the following vote: Ayes: Oliver, Coy, Martinez, Newby, Fry, Martin, and Busbee Nays: None 121598 7 P & Z JOINT PUBLIC HEARING DECEMBER 15, 1998 FINAL PLAT APPLICATION - LOTS 6131, 13 AND 14 BLOCK 6. METROPLAC 2ND INSTALLMENT Next for the Commission to consider and make a recommendation to the City Council was the Statement of Findings and Final Plat application of Lots 6RI, 13 and 14, Block 6, Metroplace 2nd Installment. The applicant was final platting 11.2781 acres to create two additional lots. The property is located on the southwest corner of State Highway 114 and South Main Street and is currently zoned "CC" Community Commercial. With no further questions, guests to speak, letters or petitions, the public hearing was closed. In the Commissioner's deliberation session, Chris Coy moved to approve the Statement of Findings and Final Plat Application of Lots 6R1, 13 and 14, Block 6, Metroplace 2nd Installment. Kevin Busbee seconded the motion, which prevailed by the following vote: Ayes: Oliver, Coy, Martinez, Newby, Fry, Martin, and Busbee Nays: None ZONING ORDINANCE _AMENDMENT AM98-08: SECTION 25. CC" COMMUNITY COMMERCIAL DISTRICT Staff recommended that that the City Council and Planning and Zoning Commission consider the proposed changes to Section 25, "CC" Community Commercial District and take any other action necessary. Section 25.C, Under the current ordinance, public storage garages, including mini-storage warehouses for storage purposes only, are allowed with approval of a Conditional Use Permit within the "CC" Community Commercial District. The current ordinance does not allow on-premise resident quarters. Mr. Trent Petty, President of CMPA, Inc., submitted the request and the Planning and Zoning Commission recommended setting a public hearing to consider the amendment at their November 17, 1998 meeting. No other districts, except "Ll" Light Industrial District allows as an accessory use, the on-premise residence for watchmen or caretakers whose employment requires residence on the premise. If this amendment were approved, it would allow the on-premise residence for watchmen and caretakers, with approval of a Conditional Use Permit. Section 25.N. The ordinance currently sets the minimum distance between detached principal or accessory buildings, on the same lot, at not less than forty (40) feet. Mr. Mike 121598 8 r DECEMBER 99. Brown, General manager of Classic Chevrolet, has requested that City Council and the Planning and Zoning Commission consider an amendment that would allow a reduction of this required forty (40) foot separation. The amendment would give City Council the authority to modify the required distance between principal or accessory buildings on the same lot through a Conditional Use Permit in conjunction with Planned Commercial Centers. Classic Chevrolet currently has a conditional use request that, if approved, would allow the addition of approximately 196,640 square feet of shade structures. These structures would serve primarily to protect new and used vehicles from hail damage. This conditional use request necessitated Mr. Brown's request for an amendment to the zoning ordinance. In the Commission's deliberation session Cathy Martin moved, with a second by Stephen Newby, to table the amendment to Section 25.C.16 to the January 5, 1999 joint public hearing, which prevailed by the following vote: Ayes: Oliver, Coy, Martinez, Newby, Fry, Martin, and Busbee Nays: None In the Commission's deliberation session Kathy Martinez moved, with a second by Stephen Newby, to approve the amendment to Section 25.N.4, which prevailed by the following vote: Ayes: Oliver, Coy, Martinez, Newby, Fry, Martin, and Busbee Nays: None FINAL PLAT APPLICATION - LOTS 1 R1 AND 11 R BLOCK 1 DRUID HILLS Next for the Commission to consider and make a recommendation to the City Council was the Statement of Findings and Final Plat application of Lots 1 R1 and 11 R, Block 1, Druid Hills. The applicant was final platting 3.928 acres to move a lot line. The property is located at 3304 Wintergreen Terrace is currently zoned "R -20" Single Family Residential. With no further questions, guests to speak, letters or petitions, the public hearing was closed. In the Commissioner's deliberation session, Chris Coy moved to approve the Statement of Findings and Final Plat Application of Lots 1 R1 and 11 R, Block 1 Druid Hills. Stephen Newby seconded the motion, which prevailed by the following vote: Ayes: Oliver, Coy, Martinez, Newby, Fry, Martin, and Busbee Nays: None 121598 9 CU98-53 — AMR SERVICES Next for the Commission to consider and make a recommendation to the City Council was Conditional Use Request CU98-53 submitted by Darin Alley for property located at 214 North Dooley Street. Conditional Use Application CU98-53 was tabled during the October 20, 1998 joint public hearing to the December 15, 1998 meeting so that the applicant could address issues associated with landscaping, paving, and masonry. The applicant is requesting a conditional use permit to establish automotive repair and outside storage in conjunction with a passenger shuttle service. The applicant requires more time to bring the site plan closer to compliance and requested to be tabled to the January 19, 1999 joint public hearing. In the Commission's deliberation session Stephen Newby moved, with a second by Kevin Busbee, to accept the applicant's request to table Conditional Use Request CU98-53 to the January 19, 1999 joint public hearing, which prevailed by the following vote: Ayes: Oliver, Coy, Martinez, Newby, Fry, Martin, and Busbee Nays: None IN •; Next for the Commission to consider and make a recommendation to the City Council was Conditional Use Request CU98-45 submitted by Lawrence A. Cates for property located at 5341 William D. Tate Avenue and platted as Lot 4R, Block 1, Mulberry Square Addition. Mr. Jeff Platt, Director of Architecture for Taco Bueno Restaurants, Incorporated has requested that CU98-45 be tabled to the February 16, 1999 joint public hearing in order to address development issues between Cencor Development and Taco Bueno. In the Commission's deliberation session Cathy Martin moved, with a second by Stephen Newby, to accept the applicant's request to table Conditional Use Request CU98-45 to the February 16, 1999 joint public hearing, which prevailed 121598 10 P & Z JOINT PUBLIC HEARING DECEMBER 15, 1998 by the following vote: Ayes: Oliver, Coy, Martinez, Newby, Fry, Martin, and Busbee Nays: None Z98 -25 — PHILLIPS LAND COMPANY Next for the Commission to consider and make a recommendation to the City Council was Zone Change Request Z98 -25 submitted by Louise Halprin of Morley Architects for property located at 213 East College Street and proposed to be platted as Lot 4R, Block 31, Original Town of Grapevine. The applicant was requesting to rezone Lot 4, Block 31, Original Town of Grapevine (.65 acres) from "CN" Neighborhood Commercial District and the easternmost 50 feet of Lot 5, Block 31, Original Town of Grapevine (.30 Acres) from "R -7.5" Single Family Residential District to "PO" Professional Office District. The Planning and Zoning Commission tabled this case during deliberations at the November 17, 1998 meeting. The Planning and Zoning Commission had concerns that the applicant had provided too much parking on the lot and asked the applicant to submit a new site plan showing parking changes. The applicant has removed six parking spaces from the western side of the lot per the Planning and Zoning Commission's request. The Historic Preservation Commission has reviewed the revisions and granted a Certificate of Appropriateness for the property conditional upon landscaped screening of the proposed parking on the eastern side of the property. The applicant has submitted the original submittal of the November 17, 1998 meeting and a second set of drawings showing the reduced parking requested by the Planning and Zoning Commission. There was also some concern as to whether the existing house was being rezoned from a single - family use to a commercial use at the November 17, 1998, meeting. The portion of the property that the house sits on was zoned "C2" Community Business prior to the 1984 Citywide rezoning. At that time, the house was rezoned to "CN" Neighborhood Commercial District. The portion of the property containing the existing structure has remained "CN" Neighborhood Commercial district since the rezoning. The proposed zone change to "PO" Professional Office District will restrict the property to less intensive uses than the current "CN" Neighborhood Commercial classification. The portion of the property being rezoned from "R -7.5" Single Family District is vacant and comprises the western fifty (50) feet of the lot. The subject property lies within the College Street Historic District. The structure on the subject property was built in 1927 and is classified as having "high priority historic integrity." 121598 11 • In the Commission's deliberation session Herb Fry moved, with a second by Cathy Martin, to approve Zone Change Request Z98-25, which prevailed by the following vote: Ayes: Oliver, Coy, Martinez, Newby, Fry, Martin, and Busbee Nays: None ADDITION Next for the Commission to consider and make a recommendation to the City Council was the Statement of Findings and Preliminary Plat application of Lots 1- 3, Block 1, Wallcon Addition. The applicant was preliminary platting 17.087 acres for a commercial development. The property is located on the northwest corner of State Highway 114/121 and Business 114L (Loop 382) and is currently zoned "PCD" Planned Commerce Development and proposed "CC" Community Commercial on Lots 1 and 2. In the Commissioner's deliberation' session, Cathy Martin moved to deny the Statement of Findings and Preliminary Plat Application of Lots 1-3, Block 1, Wallcon Addition. Stephen Newby seconded the motion, which prevailed by the following vote: Ayes: Oliver, Coy, Martinez, Newby, Fry, Martin, and Busbee Nays: None After further discussion, Cathy Martin moved to amend her previous motion to table the Statement of Findings and Preliminary Plat Application of Lots 1-3, Block 1, Wallcon Addition to the January 5, 1999 joint public hearing. Stephen Newby seconded the motion, which prevailed by the following vote: Ayes: Oliver, Coy, Martinez, Newby, Fry, Martin, and Busbee Nays: None FINAL PLAT-APPLICATION - LOT 1, BLOCK 1, WALLCON-ADDITION Next for the Commission to consider and make a recommendation to the City Council was the Statement of Findings and Final Plat application of Lots 1-3, Block 1, Wallcon Addition. The applicant was final platting 1.492 acres for a commercial development. The property is located on the northwest corner of State Highway 114/121 and Business 114L (Loop 382) and is currently zoned "PCD" Planned Commerce Development and proposed "CC" Community 121598 12 =0 Commercial on Lots 1 and 2. In the Commissioner's deliberation session, Cathy Martin moved to deny the Statement of Findings and Final Plat Application of Lot 1, Block 1, Wallcon Addition. Stephen Newby seconded the motion, which prevailed by the following vote: Ayes: Oliver, Coy, Martinez, Newby, Fry, Martin, and Busbee Nays: None After further discussion, Cathy Martin moved to amend her previous motion to table the Statement of Findings and Final Plat Application of Lot 1, Block 1, Wallcon Addition to the January 5, 1999 joint public hearing. Stephen Newby seconded the motion, which prevailed by the following vote: Ayes: Oliver, Coy, Martinez, Newby, Fry, Martin, and Busbee Nays: None FINAL PLAT APPLICATION - LOT 4R BLOCK 31 ORIGINAL TOWN OF GRAPEVINE Next for the Commission to consider and make a recommendation to the City Council was the Statement of Findings and Final Plat application of Lot 4R, Block 31, Original Town of Grapevine. The applicant was final platting 0.95 acres to combine Lot 4 and the remainder of Lot 5. The property is located at 213 East College Street and is currently zoned "CN" Neighborhood Commercial and proposed "PO" Professional Office. In the Commissioner's deliberation session, Cathy Martin moved to approve the Statement of Findings and Final Plat Application of Lot 4R, Block 31, Original Town of Grapevine. Stephen Newby seconded the motion, which prevailed by the following vote: Ayes: Oliver, Coy, Martinez, Newby, Fry, Martin, and Busbee Nays: None TREE REMOVAL APPLICATION TR98 -03 FOR D /FW NORTH LTD. Staff recommended the Planning and Zoning Commission consider Tree Removal Application TR98 -03 for D /FW North Ltd., Wm. G. Thompson, General Partners. 121598 13 P & Z JOINT PUBLIC HEARING DECEMBER 15, 1998 On the afternoon of May 29, the Building Official and Code Enforcement Officer found a large-scale tree removal in progress located northeast of Enchanted Way and Bass Pro Drive without a permit. The contractor responsible for this work was Jack Kirkby. Staff questioned the people doing the work and found that they were employed by Bill Thompson of Genesis. The Kirkby Company was issued a stop work order and they vacated the property. On June 1, staff surveyed the subject property, to find that many of the trees had already been chipped or buried on the site. Staff was unable to identify the amount of trees removed. Staff also placed a call to Mr. Thompson, but was advised that he was out of the country until June 10,1998. On June 15, 1998, staff notified Mr. Thompson, via telephone, that the tree removal was illegal and that he needed to apply for a Tree Removal Permit and submit a mitigation plan that would replace the trees inch for inch. Staff sent Mr. Thompson letter, dated July 16, 1998, requesting that a "Tree Removal Permit" and mitigation plan be submitted by July 30, 1998, to avoid further action by the Department of Development Services. Mr. Thompson failed to respond to this letter and received two subsequent letters from staff, dated October 15, 1998, and November 6, 1998. Both of these encouraged Mr. Thompson to comply with Section 52 of the City of Grapevine Zoning Ordinance and file a Tree Removal Permit. Furthermore, The letter dated November 6, 1998, gave Mr. Thompson ten days to submit the required material or face further immediate action by the City. Subsequent to the final notice, the engineering firm of Goodwin and Marshall filed for a "Tree Removal Permit" as Mr. Thompson's agent on November 18, 1998. This plan states estimates that 309 trees (2056 caliper) inches were illegally removed from the property and offers to replace 512 caliper inches. The plan also requests that all replacement trees be utilized entirely for the subject property. Staff has requested that Mr. Thompson resubmit his mitigation plan and consider paying to replace a greater number of caliper inches his initial plan calls for. Any further replacement should be in addition to the plan he has submitted. Mr. Thompson responded to staffs request that he consider payment for a greater number of trees in a letter dated December 10, 1998. In the letter he states that, "As it is D/FW North Ltd.'s intention to mitigate onsite and belief that our proposal creates a "positive" for both the City and our site, we do not see a need to "arrange and make some payment for trees in addition to (the) current proposal." The applicant further states, "I have reviewed the City's Comments and feel that my original Mitigation Proposal addresses the issue satisfactorily." In the Commissioner's deliberation session, Chris Coy moved to deny Tree 121598 14 P & Z JOINT PUBLIC HEARING DECEMBER 15, 1998 Removal Request TR98 -03 and direct the applicant to deposit $44.00 per caliber inch for 2056 caliber inches of trees in escrow with the City of Grapevine. If the site is not developed within six (6) months, the escrow account will be turned over to the City of Grapevine's Parks and Recreation Department to be utilized in the City's parks and right -of -ways. Stephen Newby seconded the motion, which prevailed by the following vote: Ayes: Oliver, Coy, Martinez, Newby, Fry, Martin, and Busbee Nays: None MINUTES — NOVEMBER 17 1998 Next for the Commission to consider were the minutes of the November 17, 1998, Planning and Zoning joint public hearing. Herb Fry moved, with a second by Chris Coy, to approve the minutes the November 17, 1998, Planning and Zoning joint public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Martinez, Newby, Fry, Martin and Busbee Nays: None ADJOURNMENT With nothing further to discuss, Chris Coy moved to adjourn the meeting at 8:50 p.m. Stephen Newby seconded the motion, which prevailed by the following vote: Ayes: Oliver, Coy, Martinez, Newby, Fry, Martin, and Busbee Nays: None PASSED AND APPROVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF GRAPEVINE, TEXAS ON THIS THE 19TH DAY OF JANUARY, 1999. sat '_ C CHAIRMAN 121598 15 WF • w IMEM ATTEST: SECRETARY 121598 16