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HomeMy WebLinkAboutItem 13 - Minutes10/16/07 expand in the City; with which businesses the City is conducting economic development negotiations under Section 551.087, Texas Government Code. RECESS AND RECONVENE Mayor Tate announced the City Council would recess the Executive Session and conduct the workshop in the City Council Conference Room. 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 (A) real property, (B) pending litigation and (C) conference with City Manager under Sections 551.072, 551.071 and 551.087, Texas Government Code, NOTE: City Council continued with the Regular City Council meeting in open session in the City Council Chambers. ADJOURNMENT Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 9:35 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of November, 2007. ATTEST: Linda Huff City Secretary 2 William D. Tate Mayor 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 October, 2007 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 Mayor Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member C. Shane Wilbanks Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager Doug Conner Assistant City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:03 p.m. ITEM 1. WORKSHOP MAIN STREET FIRE PREVENTION PROGRAM Public Works Director Matt Singleton briefed the City Council on options available to the City to reach full participation in the Fire Protection Program by the property owners in the 300 and 400 blocks of South Main Street. He stated the public project cost is $1.1 million with the private sector cost at $600,000. The initial proposal to owners was that the City fund the public costs and finance the private costs for the owners over 20 years at 4.5%. After meeting with the individual property owners, 22 supported the project, six opposed the project and two refused to meet. Discussion ensued relative to developing a fair and economical resolution for all of the property owners in the 300 and 400 blocks of South Main Street to participate in the fire protection program. There was no formal action taken by the City Council. ADJOURNMENT 10/16/07 Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the workshop at 7:33 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of November, 2007. ATTEST: Linda Huff City Secretary i• 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 16th day of October, 2007 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 Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member C. Shane Wilbanks Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member constituting a quorum, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Herbert Fry Vice Chairman Chris Coy Member Betty "BJ" Wilson Member Mark Lowery Member Monica Hotelling Member Jim Fechter Alternate Gary Martin Alternate constituting a quorum, with Commissioner Danette Murray absent, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager Doug Conner Assistant City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:35 p.m. INVOCATION Commissioner Lowery delivered the Invocation. 10/16/07 ITEM 1. PUBLIC HEARING CONDITIONAL USE APPLICATION CU07-20 TASTINGS FINE WINE AND ARTS CONDITIONAL USE APPLICATION CU07-21 TASTINGS RESTAURANT AND BAR Mayor Tate declared the public hearing continued from the September 18, 2007 meeting. Planning and Development Manager Ron Stombaugh reported Conditional Use Application CU07-20 and CU07-21 had been filed by Tastings Fine Wine and Arts and Tastings Restaurant and Bar, respectively. CU07-20 requests a conditional use permit for the possession, storage, retail sale and off -premise consumption of alcoholic beverages (beer and wine only) in conjunction with a retail store (342 square feet) and is located at 909 South Main Street, Suite #109. CU07-21 requests a conditional use permit for the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant (2,358 square feet) with outside dining and is located at 909 South Main Street, Suite #110. The subject property is zoned "MXU" Mixed Use District Regulations. Mr. Stombaugh reported the cases were tabled at the September 18, 2007 meeting due to discussion on restaurant uses in the mixed use project and the possible negative impact restaurant uses could have on the project if they were allowed to consume the majority of the retail space on the ground floor of both retail buildings. As a result of meetings held with Fairfield Development, along with favorable consideration of both Tastings requests, Fairfield Development has agreed that any additional full service restaurant uses are not permitted on the subject property with the exception of coffee shops, bakeries, sandwich shops, and wine tasting rooms that will require approval of a conditional use permit. Mr. Scott Summers, the applicant, Mr. Larry Lee and Mr. Brent Ball, representing Fairfield Development requested favorable consideration of the application. City Council questioned the restaurant's hours of operation. Mr. Summers responded that the proposed hours are Monday - Thursday 11 a.m. to 11 p.m.; Friday — Saturday 11 am to 12 p.m.; and Sunday 11 a.m. — 8 p.m. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and City Secretary Huff reported the Council and Commission had been copied the one letter of support for the applications. Commissioner Coy, seconded by Commissioner Hotelling, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Wilson, Lowery, Hotelling & Fechter Nays: None Council Member Lease, seconded by Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: 04, 10/16/07 Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ITEM 2. PUBLIC HEARING ZONING APPLICATION Z07-04 AND CONDITIONAL USE APPLICATION CU07-30 LUCAS FUNERAL HOME Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported Zoning Application Z07-04 and Conditional Use Application CU07-30 had been filed by Lucas Funeral Home for property located at 410 North Dove Road. The zoning application requests rezoning of 1.398 acres from "R-7.5" Single Family District Regulations to "PO" Professional Office District Regulations. The conditional use application requests a conditional use permit for the construction of a funeral home. The case will go before the Board of Zoning Adjustments relative to a requested variance for a rear yard setback, therefore, if approved, it would be the first reading of the ordinance. He also advised that due to the opposition of the adjacent property owners within 200 feet of the case, a 3/4 vote of the Council would be required for approval. Mr. Jim Lucas requested favorable consideration of the application noting that Lucas Funeral Horne started on Main Street, moved to East Worth Street and then to West College Street. He noted the various locations of funeral homes in the City that had set a precedent of funeral homes being in residential areas. He stated the facility would not be for any other uses than visitation or funerals and that off duty police officers would always be utilized for the processions. The City Council and the Planning & Zoning Commission questioned the times of the services and visitations and whether there would be anyone living on the property. They also expressed concern relative to the additional traffic on Dove Road. Mr. Lucas stated the services are usually no earlier than 10 a.m. and visitation from 5 — 7 p.m. or 6 — 8 p.m. Mayor Tate invited guests present to comment regarding the application. Ms. Sandra Bass, 301 North Dove Road, stated her support for the zoning and funeral home and noted that she is the largest property owner adjacent to the subject property. Mr. Larry Francis, 500 Dove Creek Place, stated he owns property on Hilltop and opposes the rezoning and funeral home due to the traffic and safety of the school children. Ms. Jennifer Duffer, 1316 Hilltop, spoke on behalf of the Ronald Duffer family, stating their opposition to the rezoning and funeral home due to concerns of traffic congestion, school children safety, depreciation of home/property values and the need to have a positive environment in a residential neighborhood, not a funeral home. 3 10/16/07 Ms. Elizabeth Kaufman, 1210 Killarney, expressed her belief that the property would not 3 be developed to its potential if developed as a funeral home and that it should be redeveloped as townhomes. Ms. Amber Gwinn, 1306 Hilltop, noted her opposition to the rezoning and the funeral home due to traffic concerns. Mr. Billy Hall, 1306 Hilltop, stated he was opposed to the rezoning and the funeral home due to traffic concerns and safety of the children. Mr. Huey Thomas, 1314 Worthington, stated he was the second largest property owner adjacent to the subject site and that he is opposed to the rezoning and funeral home. He expressed concerns regarding safety, traffic issues, and decrease in home values if a funeral home is in close proximity. Ms. Lynda Randolph, 1301 Hilltop, expressed her opposition to the spot zoning in a residential area and concerns regarding the safety of the school children. Mr. C. B. Kloppe, 1234 Hilltop, said that he was opposed to the rezoning and funeral home due to traffic, property values, safety of the school children and the community being eroded by businesses being allowed in residential areas. Ms. Sherri Blassingame, 3628 Diamond Ranch Road, a realtor, spoke on behalf of the homeowners stating there would be an expected negative impact on property values due to the close proximity of the funeral home to the homes. Mr. Jack Roseberry, 2909 Steve Drive, a realtor, representing the property owner, Star Bible, stated that the current facility had been there since 1950. He said that there would not be any restrictions on the site if a church were to buy the property and that a funeral home would be the highest and best use of the property. Mr. Joe Lucas Wright, business owner at 601 West Wall Street, presented a brief history of the Lucas Funeral Home business that was started on Main Street in the 1880's. He said it then moved to Worth Street and then to West College Street. The old building on the subject property needs to be restored, landscaped and the parking lot repaired. He stated his support of the proposed rezoning and funeral home. City Secretary Huff reported the Council and Commission had been copied the one letter of support and the 11 letters of protest for the applications. Commissioner Fry, seconded by Commissioner Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Wilson, Lowery, Hotelling & Fechter Nays: None n 10/16/07 Council Member Wilbanks, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ITEM 3. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU07-31 TUSCANY RESTAURANT Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported Conditional Use Application CU07- 31 had been filed by Tuscany Restaurant requesting a conditional use permit to amend the site plan approved by Ordinance No. 2006-33 to revise the layout of the restaurant. The property is located at 960 East Northwest Highway #130 and is zoned "CC" Community Commercial District Regulations. The applicant proposes a 10,670 square foot two story restaurant with seating capacity for 375 patrons. Mr. Lance Rose 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 and there was no correspondence to report. Commissioner Wilson, seconded by Commissioner Fechter, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Wilson, Lowery, Hotelling & Fechter Nays: None Council Member Stewart, seconded by Council Member Lease, offered a motion to close the public hearings The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ITEM 4. PUBLIC HEARING CONDITIONAL USE APPLICATION CU07-32 PARK PLACE MERCEDES Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported Conditional Use Application CU07- 32 had been filed by Park Place Mercedes requesting a conditional use permit for an automobile dealership and a 20 foot pole sign. The property is located at 1300 Texan Trail and is zoned "PCD" Planned Commerce Development District. The automotive dealership 5 10/16/07 will be comprised of two major structures—a 62,280 square foot two-story main structure housing the sales and administration functions of the dealership and a four level, 212,792 square foot display garage. The dealership will have frontage along both Texan Trail and Minters Chapel Road with the main entrance to the site being from Texan Trail. Access from Minter's Chapel Road will be controlled, gated access; approximately 25% of the property (that portion that has frontage along Minters Chapel Road) will be secured on all sides by a decorative metal fence, six -feet in height. One, 20 -foot pole sign is proposed along Texan Trail. Elevations for this proposed pole sign have not been finalized. Mr. David Farrell requested favorable consideration of the application. There were questions relative to the use of the parking garage and its fagade. The applicant stated the first floor would be the service area and the remaining three would be open-air storage for customers to view the new vehicles. It was noted the facade was proposed to be earth tones with metal accents. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Lowery, seconded by Commissioner Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Wilson, Lowery, Hotelling & Fechter Nays: None Mayor Pro Tem Ware, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wllbanks, Stewart, Freed & Lease Nays: None ITEM 5. PUBLIC HEARING HISTORIC LANDMARK SUBDISTRICT APPLICATION HL07-06 PAULA EZELL Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh advised that Historic Landmark Application HL07-06 had been filed by Pamela Ezell requesting designation as a Historic Landmark Subdistrict on property located at 513 East Worth Street and zoned "R-7.5" Single Family District Regulations. 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 City Secretary Huff reported the Council and Commission had been copied the two letters of support for the application. A 10/16/07 Commissioner Fechter, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Wilson, Lowery, Hotelling & Fechter Nays: None Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ITEM 6. PUBLIC HEARING HISTORIC LANDMARK SUBDISTRICT APPLICATION HL07-07 KIMBERLY SCHULD Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported Historic Landmark Subdistrict Application HL07-07 had been filed by Kimberly Schuld requesting designation as a Historic Landmark Subdistrict on property located at 320 South Church Street and zoned "R-7.5" Single Family District Regulations. 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 Coy, seconded by Commissioner Fechter, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Wilson, Lowery, Hotelling & Fechter Nays: None Council Member Stewart, seconded by Council Member Lease, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ITEM 7. PUBLIC HEARING, AMENDMENTS GRAPEVINE CODE OF ORDINANCES, APPENDIX D COMPREHENSIVE ZONING ORDINANCE NO. 82-73 AS AMENDED. SECTION 40 "MXU" MIXED USE DISTRICT REGULATIONS Mayor Tate declared the public hearing open. 7 10/16/07 Planning & Development Manager Stombaugh reviewed the proposed amendments to the Grapevine Code of Ordinances, Appendix D, the Comprehensive Zoning Ordinance No. 82-73, as amended, Section 40 "MXU" Mixed Use District Regulations relative to reducing the size of real estate signs except for those located along highways. 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 Lowery, seconded by Commissioner Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Wilson, Lowery, Hotelling & Fechter Nays: None Council Member Freed, seconded by Council Member Spencer, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None RECESS AND RECONVENE Mayor Tate 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 City Council Chambers all members of the City Council were present. ITEM 8. RESOLUTION SUSPEND ATMOS ENERGY RATE INCREASE REQUEST Assistant City Manager Jennifer Hibbs requested approval of a resolution suspending the Atmos Energy rate increase request for 90 days from the date that it was filed with the City on September 20, 2007. The suspension allows the City time to evaluate the filing and determine whether the filing complies with law. Consultants for the Atmos Cities Steering Committee will review the filing and make a recommendation during the suspension period. Motion by Council Member Wilbanks, seconded by Council Member Freed, to approve the resolution as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None 1 . ! RESOLUTION NO. 2007-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS SUSPENDING THE OCTOBER 25, 2007, EFFECTIVE DATE OF ATMOS ENERGY CORP., MID- TEX DIVISION REQUESTED RATE CHANGE TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH ATMOS CITIES STEERING COMMITTEE AND OTHER CITIES IN THE ATMOS ENERGY CORP., MID-TEX DIVISION SERVICE AREA TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; REQUIRING REIMBURSEMENT OF CITIES' RATE CASE EXPENSES; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL AND PROVIDING AN EFFECTIVE DATE ITEM 9. RENEW METROPORT TEEN COURT INTERLOCAL AGREEMENT Administrative Services Director Bill Gaither recommended approval of the renewal of the Metroport Teen Court Interlocal Agreement with the cities of Colleyville and Southlake. Grapevine's portion of the $126,948 budget is $37,650. Metroport Teen Court Coordinator Lindsay Baker reviewed the purpose of the Teen Court Program that provides juvenile misdemeanor offenders an alternative to the Criminal Justice System, Motion by Council Member Freed, seconded by Council Member Spencer, to approve the renewal of the interlocal agreement as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ITEM 10. RESOLUTION PURCHASE ANTIQUE STREET LAMPS Public Works Deputy Director Stan Laster recommended approval of a resolution authorizing the purchase of 18 antique street lamps for Main Street, Nash Street and Dallas Road in the amount of $45,000.00 from The Lighting Alliance. The total cost of the lamps will be reimbursed by Fairfield Development. Motion by Council Member Spencer, seconded by Council Member Freed, to approve the resolution as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None 9 10/16/07 RESOLUTION NO. 2007-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE PURCHASE OF ANTIQUE STREET LAMPS; DETERMINING THAT THE STREET LAMPS ARE AVAILABLE FROM ONLY ONE SOURCE AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS AND DOCUMENTS AND PROVIDING AN EFFECTIVE DATE Council Member Wilbanks requested Staff to research period lighting on Northwest Highway. 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. There were none. Item 11. Resolution, Purchase SAN Network Hardware and Software Assistant City Manager recommended approval of a resolution authorizing the purchase of a SAN network including hardware and software under the General Services Administration Federal Supply Schedule from The Harding Group in an amount not to exceed $25,080.00. Motion by Council Member Stewart, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None RESOLUTION NO. 2007-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE PURCHASE OF A SAN NETWORK INCLUDING HARDWARE AND SOFTWARE; DETERMINING THAT THE NETWORK IS AVAILABLE UNDER THE GENERAL SERVICES ADMINISTRATION FEDERAL SUPPLY SCHEDULE AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS AND DOCUMENTS AND PROVIDING AN EFFECTIVE DATE 01 10/16/07 Item 12. Resolution, Declare Surplus Property Administrative Services Director recommended approval of a resolution declaring certain property as surplus and/or salvage and authorizing the sale of the property through direct or auction sales. Motion by Council Member Stewart, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None RESOLUTION NO. 2007-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, DECLARING CERTAIN PROPERTY SURPLUS AND/OR SALVAGE AND PROVIDING FOR THE AUTHORIZATION TO DISPOSE OF SAID PROPERTY THROUGH DIRECT AND AUCTION SALES AND PROVIDING AN EFFECTIVE DATE Item 13. Consideration of Minutes City Secretary recommended approval of the minutes of the October 2, 2007 City Council meetings as published. Motion by Council Member Stewart, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None RECESS AND RECONVENE Mayor Tate announced the City Council would take a brief recess. Upon reconvening in the City Council Chambers, all members of the City Council were present. ITEM 14. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU07-20 TASTINGS FINE WINE AND ARTS Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU07-20 filed by Tastings Fine Wine and Arts granting a conditional use permit for the possession, storage, retail sale and off -premise consumption of alcoholic beverages (beer and wine only) in conjunction with a retail store. The subject property is located at 909 South Main Street, Suite #109 and is zoned "MXU" Mixed Use District Regulations. IN 10/16/07 Council Member Freed, seconded by Mayor Pro Tem Ware, 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, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ORDINANCE NO. 2007-56 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 0007-20 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2005-75 FOR THE POSSESSION, STORAGE, RETAIL SALE AND OFF -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER AND WINE ONLY) IN CONJUNCTION WITH A RETAIL STORE IN A DISTRICT ZONED "MXU" MIXED USE DISTRICT REGULATIONS 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 15. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU07-21 TASTINGS RESTAURANT Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU07-21 filed by Tastings Restaurant and Bar granting a conditional use permit for the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant with outside dining. The subject property is located at 909 South Main Street, Suite #110 and is zoned "MXU" Mixed Use District Regulations. IN 10/16/07 Council Member Stewart, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. Discussion ensued relative to the hours of operation of the restaurant. Council Member Stewart, seconded by Council Member Freed, amended his motion to accept the Commission's recommendation and approve the ordinance with the condition that the restaurant not be open later than midnight any night of the week. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ORDINANCE NO. 2007-57 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 CU07-21 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2005-75 FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) IN CONJUNCTION WITH A RESTAURANT IN A DISTRICT ZONED "MXU" MIXED USE DISTRICT REGULATIONS 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 16. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z07-04 LUCAS FUNERAL HOME 13 10/16/07 Chairman Oliver reported the Planning & Zoning Commission voted 5-2 for approval of Zoning Application Z07-04 filed by Lucas Funeral Home granting rezoning of 1.398 acres from "R-7.5" Single Family District Regulations to "PO" Professional Office District Regulations. The subject property is located at 410 North Dove Road. Mayor Pro Tem Ware, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the first reading of the ordinance granting the rezoning. The motion failed by the following vote, as a 3/4 vote of the City Council was required: Ayes: Tate, Ware, Stewart & Lease Nays: Spencer, Wilbanks & Freed ITEM 17. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU07-30 LUCAS FUNERAL HOME This item was not considered by the City Council as the zoning case for the property failed to pass. Conditional Use Application CU07-30 filed by Lucas Funeral Home requesting a conditional use permit for the construction of funeral home on property located at 410 North Dove Road. ITEM 18. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU07-31 TUSCSANY RESTAURANT Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU07-31 filed by Tuscany Restaurant granting a conditional use permit to amend the site plan approved by Ordinance No. 2006-33 to revise the layout of the restaurant on property located at 960 East Northwest Highway #130 and zoned "CC" Community Commercial District Regulations. Council Member Spencer, seconded by Council Member Wilbanks, 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, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ORDINANCE NO. 2007-58 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 CU07-31 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 14 10/16/07 2006-33 TO REVISE THE FLOOR PLAN OF A RESTAURANT WITH OUTSIDE DINING IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS 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 19. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU07-32 PARK PLACE MERCEDES Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU07-32 filed by Park Place Mercedes granting a conditional use permit for an automobile dealership and a 20 foot pole sign with the stipulation that Staff will approve the elevation of the pole sign. The subject property is located at 1300 Texan Trail and is zoned "PCD" Planned Commerce Development District. Mayor Pro Tem Ware, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation with the condition and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ORDINANCE NO. 2007-59 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 CU07-32 FOR AN AUTOMOTIVE DEALERSHIP AND A 20 -FOOT POLE SIGN IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF 15 10/16/07 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 20. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT LOTS 1 AND 2 BLOCK 1 PARK PLACE MERCEDES ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the preliminary plat of Lots 1 and 2, Block 1, Park Place Mercedes Addition. The 22.919 acre property is located between Minter's Chapel Road and Texan Trail, north of the Sewell Dealership. The property is being platted for an automobile dealership. Council Member Stewart, seconded by Council Member Wilbanks, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the preliminary plat of Lots 1 and 2, Block 1, Park Place Mercedes Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ITEM 21. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1 BLOCK 1 PARK PLACE MERCEDES ADDITION 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, Park Place Mercedes Addition. The 9.872 acre property is located between Minter's Chapel Road and Texan Trail and is being platted for an automobile dealership on property zoned "CC" Community Commercial District Regulations. Council Member Spencer, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 1, Block 1, Park Place Mercedes Addition. The motion prevailed by the following vote: 16 10/16/07 Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ITEM 22. PLANNING & ZONING COMMISSION RECOMMENDATION HISTORIC LANDMARK SUBDISTRICT APPLICATION HL07-07 PAMELA EZELL Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Historic Landmark Subdistrict Application HL07-06 filed by Pamela Ezell granting a Historic Landmark Subdistrict designation on property located at 513 East Worth Street and zoned "R-7,5" Single Family District Regulations. Mayor Pro Tem Ware, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation and approve the ordinance granting the Historic Landmark Subdistrict designation. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ORDINANCE NO. 2007-60 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DESIGNATING A HISTORIC LANDMARK SUBDISTICT HL07-06 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82-73 (APPENDIX "D" OF THE CODE OF ORDINANCES), DESIGNATING THE AREA PLATTED AS LOT 4, EAST 1/2 LOT 3, BLOCK 108, COLLEGE HEIGHTS ADDITION AND MORE SPECIFICALLY DESCRIBED HEREIN, IN A DISTRICT ZONED "R-7,5" SINGLE FAMILY DISTRICT REGULATIONS; PROVIDING FOR THE ADOPTION OF THE EZELL RESIDENCE 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 17 10/16/07 ITEM 23. PLANNING & ZONING COMMISSION RECOMMENDATION HISTORIC LANDMARK SUBDISTRICT APPLICATION HL07-07 KIMBERLY SCHULD Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Historic Landmark Subdistrict Application HL07-07 filed by Kimberly Schuld granting a Historic Landmark Subdistrict designation on property located at 320 South Church Street and zoned "R-7.5" Single Family District Regulations. Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance granting the Historic Landmark Subdistrict designation. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ORDINANCE NO. 2007-61 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DESIGNATING A HISTORIC LANDMARK SUBDISTICT HL07-07 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82-73 (APPENDIX "D" OF THE CODE OF ORDINANCES), DESIGNATING THE AREA PLATTED AS LOT 1B, BLOCK 11, CITY OF GRAPEVINE ADDITION AND MORE SPECIFICALLY DESCRIBED HEREIN, IN A DISTRICT ZONED "R-7.5" SINGLE FAMILY DISTRICT REGULATIONS; PROVIDING FOR THE ADOPTION OF THE SCHULD PROPERTY 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 ITEM 24. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1, BLOCK 1, MILLER COMPANY ADDITION 10/16/07 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, Miller Company Addition located at 1080 West Northwest Highway. The 1.416 acre property is zoned "LI" Light Industrial District and is being platted for a commercial development. Council Member Freed, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 1, Block 1, Miller Company Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ITEM 25. PLANNING & ZONING COMMISSION RECOMMENDATION AMENDMENTS GRAPEVINE CODE OF ORDINANCES, APPENDIX D, COMPREHENSIVE ZONING ORDINANCE NO. 82-73, AS AMENDED, SECTION 40 "MXU" MIXED USE DISTRICT REGULATIONS Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the amendments to the Grapevine Code of Ordinances, Appendix D, the Comprehensive Zoning Ordinance No. 82-73, as amended, Section 40 "MXU" Mixed Use District Regulations relative to real estate signage. Council Member Spencer, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance amending the Grapevine Code of Ordinances. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ORDINANCE NO. 2007-62 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 BY AMENDING SECTION 40 "MXU" MIXED USE DISTRICT REGULATIONS; 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 19 10/16/07 ADJOURNMENT Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 9:35 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of November, 2007. ATTEST: Linda Huff City Secretary go] mm N William D. Tate Mayor