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HomeMy WebLinkAbout2011-08-16 Joint Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING WORKSHOP TUESDAY, AUGUST 16, 2011 AT 6:45 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER 1. Monthly financial update. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at(817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature,the Special City Council Meeting Workshop Agenda was prepared and posted on this the 12th day of August, 2011 at 5:00 p.m. Linda Huff City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 16th day of August,2011 at 6:45 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to-wit: William D. Tate Mayor C. Shane Wilbanks Mayor Pro Tern Sharron Spencer Council Member Roy Stewart Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with Council Member Darlene Freed absent, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager Doug Conner Assistant City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the workshop to order at 6:48 p.m. ITEM 1. MONTHLY FINANCIAL UPDATE Administrative Services Director John McGrane presented the monthly financial update, noting that the General Fund revenues continue to be up, expenditures are on track and sales taxes continue to be on the rise. He stated that water sales are up and that the Hotel Occupancy Tax has a slight increase, but noted that mixed beverage taxes are on a slight downward trend. The City's unemployment rate increased to 6.4%. There was no formal action taken by the City Council. ADJOURNMENT Mayor Pro Tem Wilbanks, seconded by Council Member Coy, offered a motion to adjourn the workshop at 6:55 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed 08/16/11 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of September, 2011. APPROVED: *ES _..;3"; William D. Tate Mayor ATTEST: Lind Huff 371AR City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, AUGUST 16, 2011 AT 6:45 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER EXECUTIVE SESSION 1. City Council to conduct a closed session relative to: A. Conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate or expand in the City; with which businesses the City is conducting economic development negotiations pursuant to Section 551.087, Texas Government Code. City Council to reconvene in open session and take any necessary action relative to conference with employees under Section 551.087, Texas Government Code. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at(817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Special City Council Meeting Agenda was prepared and posted on this the 12th day of August, 2011 at 5:00 p.m. Linda Huff City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Executive Session on this the 16th day of August, 2011 at 6:45 p.m. in the City Council Conference Room, Second Floor,200 South Main Street, with the following members present to-wit: William D. Tate Mayor C. Shane Wilbanks Mayor Pro Tem Sharron Spencer Council Member Roy Stewart Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with Council Member Darlene Freed absent, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager Doug Conner Assistant City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 6:55 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding: (A) conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate or expand in the City; with which businesses the City is conducting economic development negotiations under Section 551.087, Texas Government Code. Upon reconvening in open session in the City Council Chambers, Mayor Tate asked if there was any action necessary relative to the closed session. City Manager Bruno Rumbelow stated there was no action necessary relative to conference with City Manager and Staff under Section 551.087, Texas Government Code. NOTE: City Council continued with the Regular City Council meeting in open session in the City Council Chambers. ADJOURNMENT 08/16/11 Mayor Pro Tem Wilbanks, seconded by Council Member Lease, offered a motion to adjourn the meeting at 9:40 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of September, 2011. APPROVED: 451537 William D. Tate Mayor ATTEST: jibk;4475/11 Linda Huff City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL & PLANNING & ZONING COMMISSION MEETING TUESDAY, AUGUST 16, 2011 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE: Commissioner Beth Tiggelaar JOINT PUBLIC HEARINGS 1. City Council and Planning &Zoning Commission to continue a public hearing tabled at the July 19, 2011 meeting relative to Zoning Application Z11-05 and Conditional Use Application CU11-20 submitted by Esparza's Restaurant. The zoning application requests rezoning of 0.2 acres from "R-7.5" Single Family District Regulations to "CBD" Central Business District. The conditional use application requests to amend the site plan approved by Ordinance No. 97-69, as amended,for outdoor dining and to enlarge the site for additional parking. The subject property is located at 124 and 204 East Worth Street. The subject property is zoned "CBD" Central Business District. 2. City Council and Planning &Zoning Commission to conduct a public hearing relative to Zoning Application Z11-03, Conditional Use Application CU11-24 and Planned Development Overlay PD11-04 filed by Residences at Grapevine Station. The zoning application requests rezoning of 10.16 acres from "BP" Business Park District and "CC" Community Commercial District Regulations to"R-MF" Multifamily District Regulations for the development of a three-story, 278 unit apartment complex. The conditional use application requests a permit to vary from density, height, open space, front yard setback, parking and a planned development to include but not be limited to deviation of the density, height, open space, parking, front yard setback, landscape buffer, length of buildings, building articulation, accessory uses between building line and property line. The subject property is located at 1022 Texan Trail. 3. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU11-21 filed by Grapevine Station requesting a conditional use permit to amend the site plan approved by Ordinance No. 2005-46 to reduce the size of the planned business park for development of an apartment complex. The subject property located at 1024 Texan Trail is zoned "BP" Business Park District. 4. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU11-22 filed by EatZi's requesting a conditional use permit to amend the site plan approved by Ordinance No. 93-29, as amended, for the possession, storage, retail sale and off-premise consumption of alcoholic beverages (beer and wine only), outdoor dining, outdoor speakers and a 40 foot pole sign in conjunction with a market and bakery. The subject property is located at 1200 West State Highway 114 and is zoned "CC"Community Commercial District Regulations. 5. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU11-23 filed by Towers of Grapevine requesting a conditional use permit to amend the site plan approved by Ordinance No. 2010-35 to revise the lot configuration for a restaurant with drive through service, outdoor speakers and to relocate a 20 foot pole sign. The property is located at 1281, 1283, 1301 and 1401 William D. Tate Avenue and is zoned "HC" Highway Commercial District. Applicant has requested to table the item to September 20, 2011. 6. City Council and Planning &Zoning Commission to conduct a public hearing relative to proposed amendments to the Grapevine Code of Ordinances, Appendix "D", the Comprehensive Zoning Ordinance No. 82-73, as amended, Section 52 Tree Preservation. END OF JOINT PUBLIC HEARINGS Planning & Zoning Commission to recess to Planning & Zoning Commission Conference Room, Second Floor to consider published agenda items. City Council to remain in session in the Council Chambers to consider published business. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at(817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Regular Joint City Council and Planning & Zoning Commission Meeting Agenda was prepared and posted on this the 12th day of August, 2011 at 5:00 p.m. c74ezt" Linda Huff 6 City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, AUGUST 16, 2011 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CITIZEN COMMENTS PRESENTATION 7. Public Works Director to present Water Conservation Restrictions. NEW BUSINESS 8. Consider a resolution accepting the Certified Tax Rolls having a total appraised value of$9,117,376,099.00 less exemptions of$3,205,118,891.00 for a net taxable value of$5,912,257,208.00 and take any necessary action. 9. Consider a reimbursement resolution expressing intent to finance expenditures to be incurred relative to a City parking lot and take any necessary action. 10. Consider a resolution amending an interlocal agreement with the Northeast Transportation Service Urban Transit District and take any necessary action. 11. Consider an ordinance authorizing a rate settlement with Atmos Energy and take any necessary action. CONSENT AGENDA Consent items are deemed to need little Council deliberation and will be acted upon as one business item. Any member of the City Council or member of the audience may request that an item be withdrawn from the consent agenda and placed before the City Council for full discussion. Approval of the consent agenda authorizes the City Manager, or his designee, to implement each item in accordance with Staff recommendations. 12. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 12 Health and Sanitation, Article VI, Division 2, Nuisances, Section 12-111 Weeds, Trash, Brush and other Unsightly Matter. Development Services Director recommends approval. 13. Consider changing the time of the October 4, 2011 City Council meeting to 5:30 p.m. to allow the City Council to attend the neighborhood National Night Out functions. City Secretary recommends approval. 14. Consider approval of an Adopt-An-Area agreement with Discover Kayak for McPherson Slough from the shoreline at West Kimball Road and Lakeridge Drive northwest to the group boat house. Parks & Recreation Director recommends approval. 15. Consider a resolution authorizing the purchase of Poligon Shelters from InSite Amenities for the Parks & Recreation Department through an interlocal agreement with the Local Government Purchasing Cooperative (Buyboard). Parks & Recreation Director recommends approval. 16. Consider appointment of Mr. Seth Gillitzer as the Student Ex-Officio member of the Parks& Recreation Advisory Board. Parks& Recreation Advisory Board and Parks & Recreation Director recommend approval. 17. Consider a resolution authorizing the purchase of Self Contained Breathing Apparatus (SCBA) from Casco Industries for the Fire Department through an interlocal agreement with the Local Government Purchasing Cooperative (Buyboard), Fire Chief recommends approval. 18. Consider authorizing the purchase of virtual server software for the Information Technology Department from Insight Public Sector. Information Technology Director recommends approval. 19. Consider the minutes of the August 2, 2011 City Council meetings as published. City Secretary recommends approval. Pursuant to the Texas Open Meetings Acts, Texas Government Code, Chapter 551.001 et seq, one or more of the above items may be considered in Executive Session closed to the public. Any decision held on such matter will be taken or conducted in open session following the conclusion of the executive session. PLANNING & ZONING COMMISSION RECOMMENDATIONS 20. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU11-19 (Bank of the West) and a subsequent ordinance, if applicable. (Item tabled by the Planning &Zoning Commission at the July 19, 2011 City Council meeting.) 21. Consider the recommendation of the Planning & Zoning Commission relative to Planned Development Overlay PD11-02 (Bank of the West) and a subsequent ordinance, if applicable. (Item tabled by the Planning &Zoning Commission at the July 19, 2011 City Council meeting,) 22. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z11-05 (Esparza's) and first reading of a subsequent ordinance, if applicable. 23. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU11-20 (Esparza's)and first reading of a subsequent ordinance, if applicable. 24. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z11-03 (Residences at Grapevine Station) and a subsequent ordinance, if applicable. 25. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU11-24 (Residences at Grapevine Station) and a subsequent ordinance, if applicable. 26. Consider the recommendation of the Planning & Zoning Commission relative to Planned Development Overlay PD11-04 (Residences at Grapevine Station) and a subsequent ordinance, if applicable. 27. Consider the recommendation of the Planning & Zoning Commission relative to amending the final plat of Lots 2R and 3, Block 4, Grapevine Station and take any necessary action. 28. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU11-21 (Grapevine Station) and a subsequent ordinance, if applicable. 29. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU11-22 (EatZi's) and a subsequent ordinance, if applicable. 30. Consider the recommendation of the Planning & Zoning Commission relative to proposed amendments to the Grapevine Code of Ordinances, Appendix "D", Comprehensive Zoning Ordinance No. 82-73, as amended, Section 52 Tree Preservation and a subsequent ordinance, if applicable. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at(817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Regular City Council Meeting Agenda was prepared and posted on this the 12th day of August, 2011 at 5:00 p.m. Lind Huff City Secretary AGENDA CITY OF GRAPEVINE SPECIAL BRIEFING SESSION PLANNING & ZONING COMMISSION TUESDAY, AUGUST 16, 2011 AT 7:00 P.M. PLANNING & ZONING CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER WORK SESSION 1. Planning & Zoning Commission to conduct a briefing session to discuss items scheduled to be heard in the August 16, 2011 public hearing. ADJOURNMENT If you plan to attend this briefing session and you have a disability that requires special arrangements at the meeting, please contact the office of Development Services at (817) 410-3154 at least 24 hours in advance. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et. seq. Acts of the 1993 Texas Legislature, the Planning and Zoning Commission Briefing Session Agenda was prepared and posted on this the 12th day of August, 2011 at 5:00 p.m. a� Lin a Huff -114S City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, AUGUST 16, 2011 AT 7:30 P.M. PLANNING & ZONING COMMISSION CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET OLD BUSINESS 1. Consider Conditional Use Application CU11-19 and Planned Development Overlay Application PD11-02 (Bank of the West) and make a recommendation to the City Council. (Item was tabled by the Planning & Zoning Commission at the July 19, 2011 meeting. The conditional use application requests a conditional use permit to amend the site plan approved by Ordinance No. 2009-46, as amended, to remove the "temporary" designation from the facility. The planned development overlay application requests deviation from front yard landscape buffer, buffer to residential zoning, screening, and landscape buffer to adjacent property. The subject property is located at 201 North Main Street and is zoned "HC" Highway Commercial District.) 2. Consider Parking Plan PP11-01 (Esparza's) and take any necessary action. (Item was tabled by the Planning & Zoning Commission at the July 19, 2011 meeting. Parking Plan requests 117 additional off-site parking spaces for property located as 124 East Worth Street and zoned "CBD" Central Business District.) NEW BUSINESS 3. Consider Zoning Application Z11-05 (Esparza's) and make a recommendation to the City Council. 4. Consider Conditional Use Application CU11-20 (Esparza's) and make a recommendation to the City Council. 5. Consider Zoning Application Z11-03 (Residences at Grapevine Station)and make a recommendation to the City Council. 6. Consider Conditional Use Application CU11-24(Residences at Grapevine Station) and make a recommendation to the City Council. 7. Consider Planned Development Overlay PD11-04 (Residences at Grapevine Station) and make a recommendation to the City Council. 8. Consider amending the final plat of Lots 2R and 3, Block 4, Grapevine Station and make a recommendation to the City Council. 9. Consider Conditional Use Application CU11-21 (Grapevine Station) and make a recommendation to the City Council. 10. Consider Conditional Use Application CU11-22 (EatZi's) and make a recommendation to the City Council. 11. Consider proposed amendments to the Grapevine Code of Ordinances,Appendix "D", Comprehensive Zoning Ordinance No. 82-73, as amended, Section 52 Tree Preservation and make a recommendation to the City Council. CONSIDERATION OF MINUTES 12. Consider the minutes of the July 19, 2011 Planning&Zoning Commission meetings and take any necessary action. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at(817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Regular Planning & Zoning Commission Meeting Agenda was prepared and posted on this the 12th day of August, 2011 at 5:00 p.m. Lind Huff City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council and the Planning & Zoning Commission of the City of Grapevine, Texas met in Regular Joint Session on this the 16th day of August, 2011 at 7:30 p.m. 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 Mayor C. Shane Wilbanks Mayor Pro Tem Sharron Spencer Council Member Roy Stewart Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with Council Member Darlene Freed absent, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Herbert Fry Vice Chairman Betty "BJ" Wilson Member Gary Martin Member Beth Tiggelaar Member Wayne Szot Alternate Elaine Martin Alternate constituting a quorum,with Commissioners Monica Hotelling and Jim Fechter absent,with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager Doug Conner Assistant City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:38 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Tiggelaar delivered the Invocation and led the Pledge of Allegiance. ITEM 1. PUBLIC HEARING, ZONING APPLICATION Z11-05 AND CONDITIONAL USE APPLICATION CU11-20 ESPARZA'S RESTAURANT 08/16/11 Mayor Tate declared the public hearing open that was continued from the July 19, 2011 meeting. Planning & Development Manager Ron Stombaugh reported that Zoning Application Z11- 05 and Conditional Use Application CU11-20 had been filed by Esparza's Restaurant. The subject property is located at 124 and 204 East Worth Street. The zoning application requests rezoning of 0.2 acres from "R-7.5" Single Family District Regulations to "CBD" Central Business District for additional on-site parking to the east of the restaurant. The conditional use application requests to amend the site plan approved by Ordinance No. 97- 69, as amended, for outdoor dining at the front of the restaurant for 80 patrons. The interior dining will remain at 211 seats for a total inside and outside dining for 291 patrons that requires 97 parking spaces. With the proposed rezoning for parking and the construction of the City parking lot at the northeast corner of Jenkins and East Worth Street, there will be 177 spaces available for visitors and the restaurant. Therefore, no on- street parking will be required. The applicant does propose a new drive at the southern end of the site to allow access to and from Franklin Street. Mr. Stombaugh advised that the Board of Zoning Adjustment must consider a nonconforming issue relative to the applications, therefore, if approved, this would be the first reading of the ordinances. Mr. F. C. LaVrier and Mr. Steve Brown requested favorable consideration of the application. Discussion ensued that the ultimate goal is to provide off-street parking for downtown customers/visitors. Council requested that lighting be included on the east end of the new parking lot for security purposes. The applicant noted there would be an eight foot wooden fence provided on the parking lot and that they would work with the Public Works Department regarding drainage problems on the property. Also, there would not be any food or alcoholic beverage service on the patio until the new parking lot is constructed. Mayor Tate invited guests present to comment regarding the applications. The following guests spoke: Ms. Susan Finch, 215 East Franklin, stated her opposition to the applications noting that parking lot lighting would cause more pollution on her property and her opposition to the proposed driveway on Franklin Street, as the traffic flow on Franklin, Jenkins and Worth Streets are already a concern for neighborhood safety. Ms. Jane Johnson, 212 East Franklin Street, stated her business is directly behind the restaurant and they have always experienced parking problems on Franklin Street. She requested consideration for a gate entrance for people to enter the restaurant's property as she is opposed to the proposed driveway on Franklin Street. City Secretary Huff read the following letter into the record: 2 08/16/11 Franklin Street is very congested. Cars park right on the corner, both sides of the street, don't obey the no parking signs, chairs are placed in parking spaces on Franklin. Doesn't anyone see this? Franklin Street has heavy pedestrian traffic,the visibility is not good and this is very dangerous. Please do not approve any entrance to Esparza's from Franklin Street. No Walkways, No Driveways Where is the drainage from the parking lot going to drain? When they built the parking lot they now use, they graded it to where it drains into Franklin Street and when it rains heavy the water and trash overflow into my yard. I have spent many hours cleaning up other people's trash. I pay for storm drainage but have none. I think we have laws against changing the water flow to where it drains on other property owners. The sewer line that Esparza's is on is the same sewer line my house is connected to--it is overloaded and does not seem to be able to carry the load that is now on it. It has been this way for decades. I object to the City of Grapevine rezoning this property or any entrances from Franklin Street. We need: a new larger sewer line, underground drainage, the parking on both East Franklin and East College needs improvement and enforcement. Please do not approve any expansion that will cause more drainage, more sewer back up or more congested streets. s\Doris Bateman 422 Smith Street City Secretary Huff reported that the Council and Commission had been copied the two letters of support, the two letters of protest and the one letter of concern regarding the applications. Commissioner Wilson, seconded by Commissioner Tiggelaar,offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, G. Martin, Tiggelaar, Szot & E. Martin Nays: None Absent: Hotelling & Fechter Council Member Stewart, seconded by Council Member Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: 3 08/16/11 Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed ITEM 2. PUBLIC HEARING, ZONING APPLICATION Z11-03, CONDITIONAL USE APPLICATION CU11-24 AND PLANNED DEVELOPMENT OVERLAY PD11-04 RESIDENCES AT GRAPEVINE STATION Mayor Tate declared the pubic hearing open. Planning & Development Manager Stombaugh reported that Zoning Application Z11-03, Conditional Use Application CU11-24 and Planned Development Overlay PD11-04 had been filed by Residences at Grapevine Station. The zoning application requests rezoning of 5.86 acres from "BP" Business Park District and 4.3 acres from "CC" Community Commercial District Regulations to "R-MF" Multifamily District Regulations for the development of a three-story, 278 unit apartment complex. The conditional use application requests a permit to vary from density, open space, height and parking. The planned development overlay requests to include but not be limited to deviation from rear yard buffer area, landscaping, building length, building separation, building articulation and accessory uses. The subject property is located at 1022 Texan Trail. There will be 484 parking spaces provided. Mr. Gary Hazlewood, Mr. Mike Pacillio and Mr. Greg Faulkner requested favorable consideration of the application. The proposed development on 10.16 acres will consist of eleven total structures with six of them being three story buildings containing the bulk of the units within the complex and four buildings are two story structures that will serve as a buffer between the existing residential zoned property and a clubhouse with a recreation center and conference room. Mr. Faulkner reviewed the variances requested with the conditional use application: density— 27.4 units per acre (20 units maximum allowed); open space— 100 square feet per unit (250 square feet required); height — 50 feet, two stories (35 feet maximum) and parking — 1.74 spaces per unit (2.5 spaces required). He then reviewed the variances requested with the planned development overlay: rear yard buffer — 30 feet (40 feet required); side yard setback — ten feet (20 feet required); parking within front yard setback—proposed in front yard and near adjacent property lines (ordinance establishes the front yard as both a building setback and a landscaped setback area); design requirements relative to building location and vehicle use/parking — separation of less than ten feet(15 feet separation required); design requirements relative to building length —205 feet to approximately 235 feet (not to exceed 200 feet in length); design requirements building articulation — break of one foot within every 30 feet (vertical break of three feet every 60 continuous feet); and design requirements relative to building separation—21 feet for five structures at the rear of the site along the western property line (20 feet required or the height of the building whichever is greater). 4 08/16/11 Council and Commission discussion ensued relative to the number of variances requested for the proposed development. They requested the applicant work with City Staff to try to reduce the number of variances requested and also requested the applicant work with the City's Historic Preservation Officer to blend the development in with the adjacent Box Addition that has ranch style homes. Planning& Development Manager Stombaugh recommended the Council and Commission table the item to allow the applicant to work with Staff regarding Council's concerns relative to the number of variances requested. Mayor Tate invited guests present to comment regarding the application before action was taken to table the public hearing. The following guests spoke in support of the proposed development. Ms. Brenda Stuckert, representing North Star Bank and Board of Directors (1002 Texan Trail), expressed support for the proposed development. Ms. Debi Meek, 1025 Brownstone, representing the Historical Downtown Grapevine Merchants Association, stated they were in favor of the project as the residents would be the customers they want in the businesses on Main Street. The project would be a compliment to Grapevine. Mr. Fabien Goury, 326 East Texas Street, expressed his support of the proposed project. City Secretary Huff reported the Council and Commission had been copied the four letters of support within the notification area and the seven letters of support that are not within the notification area. Commissioner Fry, seconded by Commissioner Wilson, offered a motion to table the public hearing to the September 20, 2011 meeting. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, G. Martin, Tiggelaar, Szot & E. Martin Nays: None Absent: Hotelling & Fechter Mayor Pro Tern Wilbanks, seconded by Council Member Lease, offered a motion to table the public hearing to the September 20, 2011 meeting. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed Mayor Tate announced there would not be any additional notice provided to adjacent property owners. 5 08/16/11 ITEM 3. PUBLIC HEARING CONDITIONAL USE APPLICATION CU11-21 GRAPEVINE STATION Mayor Tate declared the public hearing open. Planning & Development Manager Stambaugh requested the item be tabled to the September 20, 2011 meeting. Conditional Use Application CU11-21 had been filed by Grapevine Station requesting a conditional use permit to amend the site plan approved by Ordinance No. 2005-46 to reduce the size of the planned business park by 5.86 acres for development of an apartment complex. The business park would be reduced from 23.21 acres to 17.35 acres. The subject property located at 1024 Texan Trail is zoned "BP" Business Park District. Commissioner Fry, seconded by Commissioner E. Martin, offered a motion to the public hearing to the September 20, 2011 meeting. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, G. Martin, Tiggelaar, Szot & E. Martin Nays: None Absent: Hotelling & Fechter Council Member Stewart, seconded by Council Member Coy, offered a motion to table the public hearing to the September 20, 2011 meeting. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed Mayor Tate announced there would not be any additional notice provided to the adjacent property owners. ITEM 4. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU11-22 EATZI'S Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Conditional Use Application CU11-22 had been filed by EatZi's requesting a conditional use permit to amend the site plan approved by Ordinance No. 93-29, as amended, for the possession, storage, retail sale and off-premise consumption of alcoholic beverages (beer and wine only), outdoor dining, outdoor speakers and a 40 foot pole sign in conjunction with a market and bakery. There will be seating for 19 patrons inside and 96 outside which requires 82 parking spaces and 152 are provided. The subject property is located at 1200 West State Highway 114 and is zoned "CC" Community Commercial District Regulations. Mr. Adam Romo requested favorable consideration of the application. 6 08/16/11 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 Tiggelaar, seconded by Commissioner Szot, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, G. Martin, Tiggelaar, Szot & E. Martin Nays: None Absent: Hotelling & Fechter Council Member Spencer, 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, Lease & Coy Nays: None Absent: Freed ITEM 5. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU11-23 TOWERS OF GRAPEVINE Mayor Tate declared the public hearing. Planning & Development Manager Stombaugh reported that the applicant had requested to table the item to the September 20, 2011 Council meeting. Conditional Use Application CU 11-23 was filed by Towers of Grapevine requesting a conditional use permit to amend the site plan approved by Ordinance No. 2010-35 to revise the lot configuration for a restaurant with drive through service, outdoor speakers and to relocate a 20 foot pole sign. The property is located at 1281, 1283, 1301 and 1401 William D. Tate Avenue and is zoned "HC" Highway Commercial District. Commissioner Wilson, seconded by Commissioner E. Martin, offered a motion to table the public hearing to the September 20, 2011 meeting. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, G. Martin, Tiggelaar, Szot & E. Martin Nays: None Absent: Hotelling & Fechter Council Member Stewart, seconded by Council Member Coy, offered a motion to table the public hearing to the September 20, 2011 meeting. The motion prevailed by the following vote: i .d 7 08/16/11 Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed Mayor Tate announced there would not be any additional notice to the adjacent property owners. ITEM 6. PUBLIC HEARING AMENDMENTS GRAPEVINE CODE OF ORDINANCES APPENDIX"D" COMPREHENSIVE ZONING ORDINANCE NO. 82-73, AS AMENDED, SECTION 52 TREE PRESERVATION Mayor Tate declared the public hearing open. Development Services Director Scott Williams reviewed the proposed amendments to the Grapevine Code of Ordinances,Appendix"D",the Comprehensive Zoning Ordinance No. 82-73, as amended, Section 52 Tree Preservation to clarify that the ordinance applies to both developed and undeveloped property, as well as residential and non-residential property, and that rental properties are not excluded from the provisions of the tree ordinance. 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 Fry, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, G. Martin, Tiggelaar, Szot & E. Martin Nays: None Absent: Hotelling & Fechter Council Member Coy, seconded by Mayor Pro Tern Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed 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. 8 08/16/11 ITEM 7. PRESENTATION WATER CONSERVATION RESTRICTIONS 1 Public Works Director Matt Singleton presented the Water Conservation Restrictions that are regulated by the Tarrant Regional Water District(TRWD)that utilizes Cedar Creek and Richland Chambers reservoirs for its water supply. TRWD supplies raw water for almost all of Tarrant County. Grapevine purchases 213 of its drinking water from the Trinity River Authority with the remainder coming from Lake Grapevine. When the combined storage capacity of TRWD reservoirs reaches 75%,TRWD will require its municipal customers to initiate Stage 1 of its drought plan. TRWD estimates that September 1, the Drought Contingency Plan will be implemented and all customer cities will be required to follow the plan. Citizens will be notified through the City's web site, water bill inserts and TRWD mass media campaigning. Non-compliant customers will be contacted by City Officials for corrective action. Stage 1 Mandatory Measures include limit landscape watering with sprinklers or irrigation system to twice per week; prohibit outdoor watering with sprinklers or irrigation systems between 10 am and 6 pm; prohibit hosing of paved areas and prohibit water waste, i.e., broken irrigation systems and property runoff. There was no formal action taken by the City Council. j ITEM 8. RESOLUTION ACCEPTING CERTIFIED TAX ROLLS Administrative Services Director John McGrane recommended approval of a resolution accepting the Certified Tax Rolls having a total appraised value of$9,117,376,099.00 less exemptions of$3,205,118,891.00 for a net taxable value of$5,912,257,208.00. Motion by Council Member Spencer, seconded by Mayor Pro Tern Wilbanks, to approve the resolution as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed RESOLUTION NO. 2011-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS APPROVING THE TAX ROLLS FOR 2011 ON PROPERTY WITHIN THE CITY; AND PROVIDING AN EFFECTIVE DATE ITEM 9. RESOLUTION INTENT TO FINANCE EXPENDITURES CITY PARKING LOT Administrative Services Director John McGrane recommended approval of a reimbursement resolution expressing intent to finance expenditures to be incurred relative 9 08/16/11 to construction of a City owned parking lot. This resolution allows for the expenditure of funds, estimated to be $480,000.00 occurring prior to the issuance of debt obligations. Funding will come from the Convention & Visitors Bureau. Motion by Council Member Stewart, seconded by Council Member Coy, to approve the resolution as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed RESOLUTION NO. 2011-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE EXPRESSING INTENT TO FINANCE EXPENDITURES TO BE INCURRED AND PROVIDING AN EFFECTIVE DATE ITEM 10. RESOLUTION AMENDING INTERLOCAL AGREEMENT NORTHEAST TRANSPORTATION SERVICE URBAN TRANSIT DISTRICT Assistant City Manager Jennifer Hibbs recommended approval of a resolution amending an interlocal agreement with the Northeast Transportation Service Urban Transit District. NETSUTD was founded by the cities of Grapevine, Colleyville (no longer a member), Keller, Hurst, Euless, Bedford, Haltom City and North Richland Hills in an effort to acquire state and Federal funds to continue providing local transportation service for senior citizens and persons with disabilities in the service area. Grapevine was the direct recipient for Federal funds taking all of the regulatory requirements associated with the receipt of those funds and North Richland Hills was the grantee for State funds. The regulatory requirements for the Federal and State funding has become increasingly too cumbersome for Staff in the member cities. The resolution authorizes the City of Grapevine to withdraw its status as a direct recipient, and instead the NETSUTD designate the Fort Worth Transportation Authority (the T) to receive the funds and manage/administer the grants on behalf of the NETSUTD. The NETSUTD will become a sub-grantee to the T. The NETSUTD Board will also delegate responsibility for State grants administration and management to the T. The T has agreed to take on this additional responsibility initially at no additional cost. Motion by Mayor Pro Tern Wilbanks, seconded by Council Member Coy, to approve the resolution as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed RESOLUTION NO. 2011-56 10 08/16/11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE INTERLOCAL AGREEMENT WITH THE CITIES OF BEDFORD, EULESS, GRAPEVINE, HURST, HALTOM CITY, KELLER AND NORTH RICHLAND HILLS FOR THE NORTHEAST TRANSPORTATION SERVICES URBAN TRANSIT DISTRICT; AND PROVIDING AN EFFECTIVE DATE ITEM 11. ORDINANCE, AUTHORIZE RATE,SETTLEMENT, ATMOS ENERGY Assistant City Manager Hibbs recommended approval of an ordinance authorizing a rate settlement with Atmos Energy to decrease their initial request for a $15.7 million increase to $6.6 million. Grapevine is a member of the Atmos Cities Steering Committee (ACSC) that analyzed the schedules and evidence submitted by Atmos Energy. The ACSC determined that the supplemental revenue of $6.6 million to be recovered through customers' rates would be sufficient to cover direct costs associated with a steel service line replacement program. All other relief requested by Atmos Energy was denied. Assistant City Manager Hibbs reported this would increase residential customers' monthly bills by $.31 and commercial customers' bills by $.88. Mayor Pro Tem Wilbanks stated that the Utilities Committee supported the proposed t ordinance. Motion by Council Member Coy, seconded by Mayor Pro Tern Wilbanks, to approve the ordinance as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed ORDINANCE NO. 2011-36 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE,TEXAS, ("CITY")APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE ("ACSC" OR "STEERING COMMITTEE") AND ATMOS ENERGY CORP., MID-TEX DIVISION ("ATMOS MID- TEX" OR "COMPANY") REGARDING THE COMPANY'S FOURTH ANNUAL RATE REVIEW MECHANISM ("RRM") FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; REQUIRING THE COMPANY TO 11 08/16/11 REIMBURSE CITIES' REASONABLE RATEMAKING EXPENSES; REPEALING CONFLICTING RESOLUTIONS OR ORDINANCES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL COUNSEL Note: The following items were discussed after the Planning & Zoning Commission recommendations. CONSENT AGENDA The next order of business for the City Council was to consider the consent agenda items, which were deemed to need little or no discussion and were acted upon as one business item. Mayor Tate asked if there was any member of the audience or the City Council who wished to remove an item from the consent agenda for full discussion. Council Member Coy removed Item 13 Time Change, October 4, 2011 City Council Meeting. Item 12. Ordinance, Amend Grapevine Code of Ordinances Cha ter 12 Health and Sanitation Development Services Director recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 12 Health and Sanitation, Article VI, Division 2, Nuisances, Section 12-111 Weeds, Trash, Brush and other Unsightly Matter. Motion by Council Member Stewart, seconded by Mayor Pro Tern Wilbanks,to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed ORDINANCE NO. 2011-37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS,AMENDING THE GRAPEVINE CODE OF ORDINANCES CHAPTER 12 HEALTH AND SANITATION, ARTICLE VI, NUISANCES, SECTION 12-111, SAME — WEEDS, TRASH, BRUSH AND OTHER UNSIGHTLY MATTER, REPEALING CONFLICTING ORDINANCES PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR EACH SEPARATE OFFENCE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON 12 08/16/11 WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 13. TIME CHANGE OCTOBER 4 2011 CITY COUNCIL MEETING This item was discussed after Item 19. City Secretary recommended approval of changing the time of the October 4, 2011 City Council meeting to 5:30 p.m.to allow the City Council to attend the neighborhood National Night Out functions. Council Member Coy requested the time of the October 4 meeting be moved to 6 pm as he could not make the 5:30 pm meeting. Motion by Council Member Coy, seconded by Mayor Pro Tern Wilbanks, to move the October 4, 2011 City Council meeting to 6 pm prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed Item 14. Adopt-An-Area Agreement, Discover Kayak Parks& Recreation Director recommended approval of an Adopt-An-Area agreement with Discover Kayak for McPherson Slough from the shoreline at West Kimball Road and Lakeridge Drive northwest to the group boat house. Motion by Council Member Stewart, seconded by Mayor Pro Tern Wilbanks,to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed Item 15. _ Resolution, Authorize Purchase, PoliQon Shelters Parks & Recreation Director recommended approval of a resolution authorizing the purchase of Poligon Shelters from InSite Amenities not to exceed $40,944.00 forthe Parks & Recreation Department through an interlocal agreement with the Local Government Purchasing Cooperative (Buyboard). Motion by Council Member Stewart, seconded by Mayor Pro Tern Wilbanks,to approve as recommended prevailed by the following vote: 13 08/16/11 Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed RESOLUTION NO. 2011-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO PURCHASE POLIGON SHELTERS THOUGH AN ESTABLISHED INTERLOCAL AGREEMENT AND PROVIDING AN EFFECTIVE DATE Item 16. Appointment, Parks & Recreation Student Ex-Officio Member Parks & Recreation Advisory Board and Parks & Recreation Director recommended approval of the appointment of Mr. Seth Gillitzer as the Student Ex-Officio member of the Parks & Recreation Advisory Board. Motion by Council Member Stewart, seconded by Mayor Pro Tem Wilbanks,to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed Item 17. Resolution Authorize Purchase Self Contained Breathing Apparatus Fire Chief recommended approval of a resolution authorizing the purchase of Self Contained Breathing Apparatus (SCBA)from Casco Industries in an amount not to exceed $348,048.00 for the Fire Department through an interlocal agreement with the Local Government Purchasing Cooperative (Buyboard). Motion by Council Member Stewart, seconded by Mayor Pro Tem Wilbanks,to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed RESOLUTION NO. 2011-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO PURCHASE SELF CONTAINED BREATHING APPARATUS (SCBA) THROUGH AN ESTABLISHED INTERLOCAL AGREEMENT AND PROVIDING AN EFFECTIVE DATE 14 0811611 Item 18. Authorize Purchase Virtual Server Software Information Technology Director recommended approval of authorizing the purchase of virtual server software for the Information Technology Department from Insight Public Sector in an amount not to exceed $36,512.03. Motion by Council Member Stewart, seconded by Mayor Pro Tern Wilbanks,to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed Item 19. Consideration of Minutes City Secretary recommended approval of the minutes of the August 2, 2011 City Council meetings as published. Motion by Council Member Stewart, seconded by Mayor Pro Tern Wilbanks,to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed Note: The foilowing items were discussed after Item 11. ITEM 20. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU11-19 BANK OF THE WEST Chairman Larry Oliver reported the Planning &Zoning Commission voted 7-0 for approval of Conditional Use Application CU11-19 filed by the Bank of the West granting a conditional use permit to amend the site plan approved by Ordinance No. 2009-46, as amended, to remove the "temporary" designation from the facility located at 201 North Main Street. The subject property is zoned "HC" Highway Commercial District. Council Member Stewart, seconded by Council Member Coy, 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, Lease & Coy Nays: None Absent: Freed ORDINANCE NO. 2011-38 I 15 08/16/11 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 CU11-19 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2009-46 TO REMOVE THE TEMPORARY DESIGNATION FROM THE EXISTING BUILDING IN A DISTRICT ZONED "HC" HIGHWAY COMMERCIAL 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 PLANNED DEVELOPMENT OVERLAY PD11-02 BANK OF THE WEST Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Planned Development Overlay PD11-02 filed by the Bank of the West granting a planned development overlay to include but not be limited to deviation from the front yard setback, screening and landscaping requirements. The subject property is located at 201 North Main Street and is zoned "HC" Highway Commercial District. Mayor Pro Tem Wilbanks, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance granting the planned development overlay. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed ORDINANCE NO. 2011-39 AN ORDINANCE ISSUING A PLANNED DEVELOPMENT OVERLAY IN ACCORDANCE WITH SECTION 41 OF 16 08/1 6/11 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 PLANNED DEVELOPMENT OVERLAY PD11-02 TO INCLUDE BUT NOT BE LIMITED TO DEVIATION FROM THE FRONT YARD AND PERIMETER LANDSCAPING REQUIREMENT AND SCREENING FOR AN EXISTING BUILDING IN THE "HC" HIGHWAY COMMERCIAL 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 PLANNED DEVELOPMENT OVERLAY 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 ZONING APPLICATION Z11-05 ESPARZA'S RESTAURANT Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Zoning Application Z11-05 filed by Esparza's granting rezoning of approximately 0.22 acres from "R-7.5" Single Family District Regulations to "CBD" Central Business District. The subject property is located at 124 and 204 East Worth Street. Council Member Spencer, seconded by Council Member Lease,offered a motion to accept the Commission's recommendation and approve the first reading of an ordinance granting the rezoning of the subject property. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed ITEM 23. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU 11-20 ESPARZA'S RESTAURANT. Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU 11-20 filed by Esparza's with the condition that no outside 17 08/16/11 dining shall take place until the parking lot(Area "B") has received final inspection from the City of Grapevine and that bollard style lighting be installed in the parking lot (Area "B"). Approval grants a conditional use permit to amend the site plan approved by Ordinance No. 97-69, as amended, for outdoor dining and to enlarge the site for additional parking. The subject property is located at 124 and 204 East Worth Street. Council Member Spencer, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the first reading of an ordinance approving the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed ITEM 24. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z11-03 RESIDENCES AT GRAPEVINE STATION There was no action taken by the Planning &Zoning Commission and City Council as this item was tabled during the public hearing. ITEM 25. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU11-24 RESIDENCES AT GRAPEVINE STATION There was no action taken by the Planning &Zoning Commission and City Council as this item was tabled during the public hearing. ITEM 26. PLANNING & ZONING COMMISSION RECOMMENDATION PLANNED DEVELOPMENT OVERLAY PD11-04 RESIDENCES AT GRAPEVINE STATION There was no action taken by the Planning &Zoning Commission and City Council as this item was tabled during the public hearing. ITEM 27. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT, LOTS 2R AND 3, BLOCK 4, GRAPEVINE STATION Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for denial of the Statement of Findings and the final plat of Lots 2R and 3, Block 4, Grapevine Station located at Texan Trail and Wall Street. The 13.64 acre property is being platted into two lots for development of an apartment complex. Council Member Coy, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation and deny the Statement of Findings and the final plat of Lots 2R and 3, Block 4, Grapevine Station. The motion prevailed by the following vote: 18 08/16/11 Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy G Nays: None Absent: Freed ITEM 28. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU11-21 GRAPEVINE STATION There was no action taken by the Planning &Zoning Commission and City Council as this item was tabled during the public hearing. ITEM 29 PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU11-22 EATZI'S Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU 11-22 filed by EatZi's granting a conditional use permit to amend the site plan of Ordinance No. 93-29, as amended, for the possession, storage, retail sale and off-premise consumption of alcoholic beverages (beer and wine only), outdoor dining, outdoor speakers and a 40 foot pole sign in conjunction with a market and bakery. The subject property is located at 1200 West State Highway 114 and is zoned "CC" Community Commercial District Regulations. Council Member Lease, seconded by Council Member Spencer,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, Lease & Coy Nays: None Absent: Freed ORDINANCE NO. 2011-40 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 CU11-22 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 93-29 FOR A MARKET AND BAKERY WITH A 40 FOOT POLE SIGN, OUTDOOR DINING, OUTSIDE SPEAKERS AND THE POSSESSION, STORAGE, RETAIL SALE AND OFF- PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER AND WINE ONLY) ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, I' RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; 19 08/16/11 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 30 PLANNING & ZONING COMMISSION RECOMMENDATION AMENDMENTS GRAPEVINE CODE OF ORDINANCES APPENDIX "D" COMPREHENSIVE ZONING ORDINANCE NO. 82-73 AS AMENDED SECTION 52 TREE PRESERVATION Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of amendments to the Grapevine Code of Ordinances,Appendix"D", Comprehensive Zoning Ordinance No. 82-73, as amended, Section 52 Tree Preservation. Council Member Stewart, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation and approve the ordinance amending the Grapevine Code of Ordinances,Appendix"D", Comprehensive Zoning Ordinance No. 82- 73, as amended, Section 52 Tree Preservation. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed ORDINANCE NO. 2011-41 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 BYAMENDING SECTION 52TREE PRESERVATION 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 EMERGENCYAND PROVIDING AN EFFECTIVE DATE 20 08/16/11 ADJOURNMENT r Mayor Pro Tem Wilbanks, seconded by Council Member Lease, offered a motion to adjourn the meeting at 9:40 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of September, 2011. APPROVED: William D. Tate Mayor ATTEST„ Linda Huff City Secretary 21