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HomeMy WebLinkAboutItem 09 - MinutesITEM # STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 15th day of February, 2011 at 6:30 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to -wit: William D. Tate C. Shane Wilbanks Sharron Spencer Roy Stewart Darlene Freed Mike Lease Chris Coy Mayor Mayor Pro Tern Council Member Council Member Council Member Council Member Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow Jennifer Hibbs John F. Boyle, Jr. Linda Huff CALL TO. ORDER City Manager Assistant City Manager City Attorney City Secretary Mayor Tate called the workshop to order at 6:35 p.m. ITEM 1. BRIEFING, CRIME CONTROL AND PREVENTION DISTRICT 2011 RENEWAL Mr. Brian Mayes with Allyn Media briefly reviewed the survey performed by the Grapevine Chamber of Commerce relative to renewal of the Grapevine Crime Control and Prevention District (CCPD). He reported that the majority of those surveyed supported the renewal of the CCPD and expressed their appreciation for the quality of life projects funded as well as feeling safer in their community. He also recommended that the Council consider a 15 -20 year renewal term for the CCPD. Discussion ensued relative the term of the renewal. City Manager Bruno Rumbelow stated that in order to have the renewal election on May 14, 2011, the City Council would need to determine the renewal term by March 1 and the CCPD Board would need to call the renewal election on March 1. There was no formal action taken by the City Council. ITEM 2. MON I HLY FINA;edCIAL iiPDATE 02/15/11 Administrative Services Director John McGrane presented the monthly financial update, noting that the sales taxes for January are up considerably over last year and that February is estimated up 12% as compared to last year. He stated that the DFW Connector Project is beginning to affect sales taxes as the top 20 sales taxpayers' are down slightly. The City's unemployment rate is at approximately 6.7% which remains below the state and national averages. There was no action taken by the City Council. ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Coy, offered a motion to adjourn the workshop at 7:11 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE; TEXAS on this the 1 st day of March, 2011. ATTEST: Linda Huff City Secretary 2 APPROVED: William D. Tate Mayor 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 15th day of February, 2011 at 7:00 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to -wit: William D. Tate C. Shane Wilbanks Sharron Spencer Roy Stewart Darlene Freed Mike Lease Chris Coy Mayor Mayor Pro Tern Council Member Council Member Council Member Council Member Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:12 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 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 02/15/11 Mayor Pro Tern Wilbanks, seconded by Council Member Coy, offered a motion to adjourn the meeting at 10:00 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 1 st day of March, 2011. ATTEST: Linda Huff City Secretary Cry APPROVED: William D. Tate Mayor 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 15th day of February, 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 C. Shane Wilbanks Sharron Spencer Roy Stewart Darlene Freed Mike Lease Chris Coy Mayor Mayor Pro Tern Council Member Council Member Council Member Council Member Council Member constituting a quorum, with the following members of the Planning & Zoning Commission: Larry Oliver Herbert Fry Betty "BJ" Wilson Monica Hotelling Jim Fechter Gary Martin Beth Tiggelaar Wayne Szot Chairman Vice Chairman Member Member Member Member Member Alternate constituting a quorum, with Alternate Elaine Martin absent, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager John F. Boyle, Jr. 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, CONDITIONAL USE APPLICATION CU10 -13 QUICK FILL 02/1 5/11 Mayor Tate declared the public hearing open. Planning & Development Manager Ron Stombaugh reported that Conditional Use Application CU10 -31 had been filed by Quick Fill requesting a conditional use permit to amend the site plan approved by Ordinance No. 97 -58, as amended, to demolish the existing structure at 424 East Northwest Highway to reconstruct a new 4,404 square foot convenience store with gasoline sales and the possession, storage and retail sale for off - premise consumption of alcoholic beverages (beer and wine only). The subject property is zoned "HC" Highway Commercial District. The new store will be located near the south and west property lines to improve ingresslegress to the site. The Historic Preservation Commission approved a Certificate of Appropriateness on the subject site for the demolition and reconstruction of the new convenience store and preservation criteria was developed and approved to guide the process. Mr. Richard King requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak. City Secretary Huff reported the Council and Commission had been copied the one letter of support. Commissioner Hotelling; seconded by Commissioner Fry, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Martin & Tiggelaar Nays: None Council Member Stewart, seconded by Council Member Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 2. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU10 -36 HERITAGE CROSSING Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Conditional Use Application CU 10 -36 had been filed by Heritage Crossing requesting a conditional use permit for a 20 foot, 108 square foot multi - tenant pole sign to be located adjacent to the west side of the main entrance along Hall- Johnson Road. The subject property is located at 2140 Hall - uohnson Road and is zoned "CC" Community Commercial District Regulations. K 02/15/11 Mr. Alan Ripley requested favorable consideration of the application. City Council and the Planning & Zoning Commission questioned the location of the sign and asked consideration to move the sign closer to the sidewalk and to utilize a monument sign instead of the pole sign. Mayor Tate invited guests present to comment regarding the application The following spoke expressing their opposition to the pole sign and requested consideration of a monument sign. City Secretary Huff reported the Council and Commission had been copied the two letters against the application. 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, Hotelling, Fechter, Martin & Tiggelaar Nays: None Council Member Lease, 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, Freed, Lease & Coy Nays: None �. PUBLIC HEARING ZONING APPLICATION Z11 -01 PLANN DEVELOPMENT APPLICATION PD11 -01 GRAPEVINE TEX APARTMENTS FINAL PLAT APPLICATION LOTS 1 R1 2R AND 3R1 BLOCK 1 W. R. BOYD CENTER ADDITION REPLAT OF LOTS 1 R 2,3R AND 5 BLOCK 1- W. R. BOYD CENTER ADDITION Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Zoning Application Z11 -01, Planned Development Application PD11 -01 and the final plat application of Lots 1 R1, 2R and 3R1, Block 1, W. R. Boyd Center Addition being a replat of Lots 1 R, 2, 3R and 5, Block 1, W. R. Boyd Center Addition had been filed by Grapevine Texan Apartments. The subject property is located at 401 Boyd Drive. Zoning Application Z11-01 requests rezoning of 12.35 acres from "CC" Community Commercial District Regulations to "R -MF -2" Multifamily District Regulations for the development of a 319 unit 3 -story apartment complex comprised of six buildings on the southwest corner of Boyd Drive and Turner Road. There will be attached (127 spaces) and detached garage (17 spaces) parking as well as surface parking for tenai ts. T he gated access will,' be from Boyd Drive and off Turner Road. 3 02/15/11 Planned Development Application PD11 -01 requests a planned development overlay for the proposed development requesting eleven deviations from the zoning ordinance relative to density, square footage of apartments, recreational open space, landscaping, setbacks, parking, building height, length and separation. Mr. Britton Church requested favorable consideration of the application. City Council and Planning & Zoning Commission discussion ensued relative to the number of variances requested for development of the proposed complex. The Council and Commission recommended the applicant review the proposal and try to bring the development into compliance with the City's zoning ordinance. Mr. Church requested the public hearing be tabled to the March 15, 2011 meeting and to waive the 30 day requirement of the final plat of Lots 1R1, 2R and 3R1, Block 1, W. R. Boyd Center Addition. Commissioner Fry, seconded by Commissioner Hotelling, offered a motion to table the public hearing to the March 15, 2011 meeting. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Martin & Tiggelaar Nays: None Mayor Pro Tern Wilbanks, seconded by Council Member Freed, offered a motion to table the public hearing to the March 15, 2011 meeting. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Mayor Tate stated that this would be the only notification to adjacent property owners of the continued public hearing. ITEM 4. PUBLIC HEARING CONDITIONAL USE APPLICATION CU11 -01 LAGNIAPPE PRODUCTIONS Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Conditional Use Application CU11 -01 had been filed by Lagniappe Productions requesting a conditional use permit to amend the site plan approved by Ordinance No. 2005 -64 for a dinner theater (Murder Mystery Theater) for the possession, storage, retail sale and on premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant (Chill Sports Bar) on property located at 816 South Main Street. The subject property is zoned "CBD" Central Business District. The dinner theater will have food and beverage catering by Chill Sports Bar. After Chill obtains a catering license from the Texas Alcoholic and Beverage Commission, the City will have met all the benchmarks for the 50150 51 02/15/11 reporting. The theater will have a maximum occupancy of 95 persons and parking will be met through an agreementwith the Convention & Visitors Bureau with spaces available on the north side of Dallas Road. Mr. Chris Whatley requested favorable consideration of the application, noting the performances would be on Friday and Saturday evenings. Council and Commission questioned rental options forthe public and whether it is a family venue. Mr. Whatley responded the facility is available for private functions and it is a family venue. Mayor Tate invited guests present to comment regarding the application. No one wished to speak. City Secretary Huff reported the Council and Commission had been copied the one letter of support for the application_ Commissioner Wilson, seconded by Commissioner Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Martin & Tiggelaar Nays: None Mayor Pro Tern Wilbanks, seconded by Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 5. PUBLIC HEARING CONDITIONAL USE APPLICATION CU11 -02 PATTY CAKES BAKERY Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Conditional Use Application CU 11-02 had been filed by Patty Cakes Bakery requesting a conditional use permit for the development of a 1,454 square foot, 13 seat, store front bakery located at 417 South Main Street. The subject property is zoned "CBD" Central Business District. The baked goods are prepared off site at 230 East College Street. Other items such as t- shirts, hot chocolate and cooking /baking items will be sold at the bakery. Ms. Patty Wilson requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. The following spoke in opposition to the application citing the need for more unique retail and variety of stores on Main Street- 5 02/15/11 Ms. Liz Womack, 405 South Main Street, Miscellaneous Retail Store Mr. Michael Rountree, 120 South Main Street, Legacy Cakes The following guests spoke in support of the application noting the uniqueness of the bakery, the family friendly atmosphere and that the bakery would be an asset to Main Street. Mr. Dean Cook, 419 South Main Street Ms. Heidi Eschenbach, 2917 Timberline Drive City Secretary Huff reported that the Council and Commission had been copied the one letter of support from a property owner and one letter of opposition from a property owner and a petition containing signatures of 23 business owners opposing the application. The petition did not invoke the % rule as the petition was not signed by 20% of the adjacent property owners. Commissioner Fry, seconded by Commissioner Fechter, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Martin & Tiggelaar Nays: None Council Member Stewart, seconded by Council Member Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Abstain: Freed ITEM 6. PUBLIC HEARING HISTORICAL LANDMARK SUBDISTRICT APPLICATION HL10 -14 MS. LAURIE VERVER HOWARD -DUKE HOUSE Mayor Tate declared the public hearing open. Note: Council Member Freed left the dais. Planning & Development Manager Stombaugh reported that Historical Landmark Subdistrict Application HL10 -14 had been filed by Ms. Laurie Verver requesting a Historical Landmark Subdistrict Overlay for property located at 617 East Worth Street. The property is known as the Howard -Duke House and the property is zoned "R -7.5" Single Family District Regulations. Mr. Stombaugh reported that the structure, due to its deteriorated condition, would be demolished and a new residence would be built. There were r io questions fr oirn the City Coui �cil or the Piai �ning & mooning Commiss ion 9 02/15/11 Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Wilson, seconded by Commissioner Hotelling, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Martin & Tiggelaar Nays: None Council Member Coy, seconded by Commissioner 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 RECESS AND RECONVENE MayorTate announced the Planning & Zoning Commission would recess to the Planning & Zoning Conference Room to consider published business. Mayor Tate announced the City Council would take a brief recess. Upon reconvening in the Council Chambers, all members of the City Council were present. Note: Council Member Freed returned to the dais. ITEM 7. UPDATE. SW2NE COMMUTER RAIL PROJECT Mr. Dick Ruddell, President/Executive Director of the Fort Worth Transportation Authority (The "T "), presented an update on the SW2NE Commuter Rail Project. He commented on the status of the following items: the Program Management Consultant Selection is in process and that the FTA requires a third party firm experienced in the field; the Real Estate Acquisition Management Plan that is to be developed for FTA approval; the FTA approved the Ridership Model Program and multiple ridership runs will be prepared for alternatives; the New Starts Report will be submitted to the FTA in June 2011; negotiations are continuing with Union Pacific Railroad; DART recently approved the Rail Line Lease Agreement with DCTA and that lease agreement will be the template for the DARTIT lease agreement for the Cottonbelt Rail Line. Mayor Tate expressed appreciation to Mr. Ruddell for updating the Council on the progress of the Commuter Rail. There was no action taken by the City Council. ITEM 8. GRAPEVINE BASEBALL & S ^vFTBALL ASSOCIATION DOINIATION 7 02/15/11 Parks & Recreation Director Doug Evans noted that Grapevine Baseball & Softball Association President Mike Richmond was unable to be in attendance and he expressed Mr. Richmond's appreciation to the City Council for the Council's support of the association and the new ballfields. Mr. Evans stated that to show their appreciation the Baseball & Softball Association donated a 2007 Kawasaki Utility Vehicle to the City. ITEM 9. ORDINANCE AMEND CHAPTER 12 HEALTH AND SANITATION AND CHAPTER 24 MANUFACTURED HOMES AND MANUFACTURED HOME PARKS Development Services Director Scott Williams recommended approval of an ordinance amending the Grapevine Code of Ordinances Chapter 12 Health and Sanitation and Chapter 24 Manufactured Homes and Manufactured Home Parks that requires repair of potholes or other paving deterioration exceeding one and one -half inches in depth and 12 inches in length, width or diameter. Additional amendments to Chapter 24 prohibits fences on individual lots with the provision that allows existing fences to remain, but requires removal of the fences within seven days of change of tenant. Brief discussion ensued relative to further review of the proposed ordinance and a Staff report as to whether businesses will respond to a letter request from the City to repair the parking lots. It was the consensus of the Council to place the item on a future workshop. Motion by Mayor Pro Tern Wilbanks, seconded by Council Member Lease, to table the proposed ordinance prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 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. City Manager Bruno Rumbelow removed Item 14 Renew Janitorial Services Annual Contract. Item 10. Resolution, Donate Deleted Library Materials — Friends of the Library Group Library Director recommended approval of a resolution authorizing an ongoing program to donate deleted materials from the Grapevine Library collection to the Friends of the Library Group. Motion by Council Member Stewart, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: E:j 02/15/11 Ayes: Tate, Wilbanks; Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2011 -09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR. THE CITY MANAGER'S DESIGNEE TO TRANSFER OBSOLETE, EXCESS OR DAMAGED LIBRARY MATERIALS, AS WELL AS EXCESS DONATED MATERIALS TO THE FRIENDS OF THE LIBRARY, AND APPROVING THE SALE OF SUCH MATERIALS FOR THE BENEFIT OF THE CITY OF GRAPEVINE LIBRARY; AND PROVIDING AN EFFECTIVE DATE Item 11. Approve Adopt -An -Area Agreement, SHOEBACCA.com Parks & Recreation Advisory Board and Parks & Recreation Director recommended approval of an Adopt -An -Area agreement with SHOEBACCA_com for Rockledge Park. Motion by Council Member Stewart, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 12. Resolution Procurement Card Services Annual Contract Administrative Services Director recommended approval of a resolution establishing the Procurement Card Services Annual Contract with JP Morgan Chase through an interlocal agreement with the City of Fort Worth. Motion by Council Member Stewart, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2011 -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO ENTER INTO A PROCUREMENT CARD AGREEMENT WITH THE CURRENT CONTRACTED BANK THROUGH AN ESTABLISHED INTERLOCAL AGREEMENT AND PROVIDING AN EFFECTIVE DATE n 02/15/11 Item 13. Renew Portable Toilet Rental Services Annual Contract Parks & Recreation Director recommended approval of the renewal of the Portable Toilet Rental Services Annual Contract to United Site Services through an existing interlocal agreement with the City of Fort Worth in an amount not to exceed $25,000.00. Motion by Council Member Stewart, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 14. EXTEND JANITORIAL SERVICES ANNUAL CONTRACT This item was removed from the consent agenda and discussed after Item 16. Administrative Services Director John McGrane recommended approval of a four month extension of the Janitorial Services contract with Regent Services in an amount not to exceed $70,000.00. The contract is through an interlocal agreement with the City of Coppell and the contract will expire in June 2011. Motion by Council Member Freed, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 15. Resolution Authorize Purchase of Lighting, Heritage Park Tennis and Basketball Courts Parks & Recreation Director recommended approval of a resolution authorizing the purchase of lighting for Heritage Park Tennis and Basketball courts through an interlocal agreement with Local Government Purchasing Cooperative (Buyboard) and a sole source brand determined by the Parks & Recreation Department in an amount not to exceed $79,070.00. Motion by Council Member Stewart, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2011 -11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORILZING THE CITY M ANA GER OR THE CITY MANAGER'S DESIGNEE TO DECLARE W] 02/15/11 MUSCO LIGHTING AS A SOLE SOURCE PROVIDER AS DETERMINED BY THE PARKS AND RECREATION DEPARTMENT FOR TENNIS AND BASKETBALL COURT LIGHTING AND AUTHORIZATION TO PURCHASE UNDER AN INTERLOCAL CONTRACT WITH BUYBOARD AS A ONE- TIME PURCHASE AND PROVIDING AN EFFECTIVE DATE Item 16. Consideration of Minutes City Secretary recommended approval of the minutes of the February 8, 2011 City Council meetings as published. Motion by Council Member Stewart, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RECESS AND RECONVENE Mayor Tate announced the City Council would take a brief recess. Upon reconvening in the Council Chambers, all members of the. City Council were present. ITEM 17 PLANNIh CONDITI USE )MMISSION RECOMMEND FILL Chairman Oliver reported the Planning & Zoning Commission voted to 7 -0 for approval of Conditional Use Application CU10 -31 filed by Quick Fill granting a conditional use permit use permit to amend the site plan approved by Ordinance No. 97 -58, as amended, to demolish the existing structure at 424 East Northwest Highway to reconstruct a new convenience store with gasoline sales and the possession, storage and retail sale for off- premise consumption of alcoholic beverages (beer and wine only). The subject property is zoned "HC Highway Commercial District. Council Member Freed, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2011 -06 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCCRDANCE WITH SECTION 48 OF ORDINANCE nvvv LJ NO. 82 -73, THE COMPREHENSIVE ZONING ORDINANCE 11 02/15/11 OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU10 -31 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 97 -58 TO DEMOLISH THE EXISTING STRUCTURE AND CONSTRUCT A NEW CONVENIENCE STORE WITH GASOLINE SALES AND THE POSSESSION, STORAGE, RETAIL SALE AND OFF - PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER AND WINE ONLY), 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 18. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT LOT 1, BLOCK 1, NWH QUICKFILL ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 7 -0 for approval of the Statement of Findings and the preliminary plat of Lot 1, Block 1, NWH Quickfill Addition The property is being platted to rebuild the convenience store with gasoline sales. The 0.5105 acre property is located at 424 East Northwest Highway and is zoned "HC" Highway Commercial District. Mayor Pro Tern Wilbanks, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the preliminary plat of Lot 1, Block 1, NWH Quickfill Addition. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 19.. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT_ . BLOCK 1, NWH QUICKFILL ADDITION iN 02/15/11 Chairman Oliver reported the Planning & Zoning Commission voted 7 -0 for approval of the Statement of Findings and the final plat of Lot 1, Block 1, NWH Quickfill Addition being platted to rebuild the convenience store with gasoline sales. The property is located at 424 East Northwest Highway and 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 Statement of Findings and the final plat of Lot 1, Block 1, NWH Quickfill Addition. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, tease & Coy Nays: None M 20. . PLANNING & ZONING COMMISSION RECOMP CONDITIONAL USE APPLICATION CU10 -36 HERITAGE C Chairman Oliver reported the Planning & Zoning Commission voted 7 -0 for denial of Conditional Use Application CU10 -36 with the understanding thatthe applicantwould seek a monument sign to be approved by Staff as a matter of right. The application was filed by Heritage Crossing requesting a conditional use permit for a 20 foot multi - tenant pole sign on property located at 2140 Hall- Johnson Road. The subject property is zoned "CC" Community Commercial District Regulations. Council Member Coy, seconded by Mayor Pro Tem Wilbanks, offered a motion to accept the Commission's recommendation for denial with conditions. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 21. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z11 -01 GRAPEVINE TEXAN APARTMENTS There was no action as this item was tabled during the public hearing. ITEM 22. PLANNING & ZONING COMMISSION RECOMMENDATION PLANNED DEVELOPMENT OVERLAY APPLICATION PD11 -01 GRAPEVINE TEXAN APARTMENTS There was no action as this item was tabled during the public hearing. ITEM 23. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1 R1 2R AND 3R1 BLOCK 1 W. R. BOYD CENTER ADDITION There was no action as the applicant waived the 30 day requirement on the plat approval. 13 02/15/11 ITEM 24. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USEAPPLICATION CU11 -01 LAGNAIPPE PRODUCTIONS Chairman Oliver reported the Planning & Zoning Commission voted 7 -0 for approval of Conditional Use Application CU11 -01 filed by Lagnaippe Productions granting a conditional use permit to amend the site plan approved by Ordinance No. 2005 -64 for a dinnertheater (Mystery Murder Theater) with the possession, storage, retail sale and on premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant (Chill Sports Bar) on property located at 816 South Main Street. The subject property is zoned "CBD" Central Business District. Council Member Spencer, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2011 -07 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 -01 TO REVISE THE FLOOR PLAN AND ALLOW THE POSSESSION, STORAGE, RETAIL SALE, AND ON- PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) IN CONJUNCTION WITH A THEATER IN A DISTRICT ZONED "CBD" CENTRAL BUSINESS 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 0 02/15/11 ITEM 25. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU11 -02 PATTY CAKES BAKERY Chairman Oliver reported the Planning & Zoning Commission voted 7 -0 for approval of Conditional Use Application CU11 -02 filed by Patty Cakes Bakery granting a conditional use permit for the development of a bakery located at 417 South Main Street. The subject property is zoned "CBD" Central Business 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 conditional use permit. The motion prevailed by the following vote: Ayes: Wilbanks, Stewart, Lease & Coy Nays: Tate & Spencer Abstain: Freed ORDINANCE NO. 2011 -08 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 -02 FOR A BAKERY IN A DISTRICT ZONED "CBD" CENTRAL BUSINESS 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 26. PLANNING & ZONING COMMISSION RECOMMENDATION HISTORICAL LANDMARK SUBDISTRICT APPLICATION HL10 -14 MS. LAURIE VERVER/HOWARD -DUKE HOUSE Chairman Oliver reported the Planning & Zoning Commission voted 7 -0 for approval of Historical Landmark Subdistrict Application HL10 -14 filed by Ms. Laurie Verver granting a 15 02/15/11 Historical Landmark Subdistrict Overlay for property located at 617 East Worth Street. The property is known as the Howard -Duke House and the property is zoned "R -7.5" Single Family District Regulations. Council Member Freed, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation and approve the ordinance granting the Historical Landmark Subdistrict Overlay. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2011 -09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DESIGNATING A HISTORIC LANDMARK SUBDISTICT HL10 -14 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82-73 (APPENDIX "D" OF THE CODE OF ORDINANCES), DESIGNATING THE AREA LEGALLY DESCRIBED AS LOT 5, BLOCK 109, COLLEGE HEIGHTS ADDITION, WILLIAM DOOLEY SURVEY AND MORE SPECIFICALLY DESCRIBED HEREIN, IN A DISTRICT ZONED "R -7.5" SINGLE FAMILY DISTRICT REGULATIONS; PROVIDING FOR THE ADOPTION OF THE HOWARD -DUKE HOUSE HISTORIC DISTRICT DESIGN GUIDELINES; 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 A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Coy, offered a motion to adjourn the meeting at 10:00 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 16 02/15/11 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 1 st day of March, 2011. ATTEST: Linda Huff City Secretary 17 s ":f 111 William D. Tate Mayor