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HomeMy WebLinkAboutItem 09 - Minutes11/20/07 Planning and Development Manager Ron Stombaugh reviewed the current zoning, actual � (current) land use, and future land use of the North Main Street area, north of Banyan Drive, west of North Main Street; Wood Street area east of Wood Street between East Wall Street and East Worth Street; and the southeast corner of Pebblebrook Drive and West Wall Street (Dellwood Acres) relative to the City's Master Land Use Plan. He stated that after a workshop, the Planning and Zoning Commission recommends initiating a zone change to the property on the west side of North Main Street currently zoned "CN" Neighborhood Commercial to "R-5.0" Zero -Lot -Line and amend the Future Land Use map to show the property located on the west side of North Main Street from Banyon Drive to Peach Street currently master planned as "LC" Light Commercial and "RH" Residential High Density to "RM" Residential Medium Density. Regarding the Wood Street area, he stated that after the Planning & Zoning Commission workshop, they recommend initiating an amendment to the Future Land Use map to change the property located east of Wood Street between East Wall Street and East Worth Street currently master planned as "RH" Residential High Density to "RL" Residential Low Density. Regarding the southeast corner of Pebblebrook Drive and West Wall Street, he stated the property is currently zoned "PO" Professional Office District with a Historic Overlay Subdistrict designation. He recommended further review and consideration of the appropriateness of the current zoning, actual land use and future land use of the property. Following discussion of the properties, it was the consensus of the Council and the Commission that the subject areas be reviewed by the Commission and that they make a recommendation at a later date as to the zoning and land uses of the properties. There was no formal action taken by the City Council or the Planning & Zoning Commission. wbg[crr: Council Member Stewart, seconded by Mayor Pro Tem Ware, offered a motion to adjourn the workshop at 7:10 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Stewart, Freed & Lease Nays: None Absent: Wilbanks PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 4th day of December, 2007. 2 William D. Tate Mayor ATTEST: Linda Huff City Secretary 11/20/07 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 20th day of November, 2007 at 7:15 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 Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member constituting a quorum, with Council Member C. Shane Wllbanks absent, with the following members of the City Staff: Bruno Rumbelow City Manager H. T. Hardy Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:15 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 and 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. MOTE: City Council continued with the Regular City Council meeting in open session in the City Council Chambers. 11/20/07 Council Member Spencer, seconded by Council Member Freed, offered a motion to adjourn the meeting at 9:19 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Stewart, Freed & Lease Nays: None Absent: Wilbanks PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 4th day of December, 2007. ATTEST: Linda Huff City Secretary K 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 20th day of November, 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 Ted R. Ware Sharron Spencer Roy Stewart Darlene Freed Mike Lease Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member constituting a quorum, with the following members of the Planning & Zoning Commission: Larry Oliver Herbert Fry Chris Coy Danette Murray Betty "BJ" Wilson Mark Lowery Monica Hotelling Jim Fechter Chairman Vice Chairman Member Member Member Member Member Alternate constituting a quorum, with Alternate Commissioner Gary Martin absent, with the following members of the City Staff: Bruno Rumbelow H. T. Hardy John F. Boyle, Jr. Linda Huff CALL TO ORDER City Manager Assistant City Manager City Attorney City Secretary Mayor Tate called the meeting to order at 7:32 p.m. INVOCATION Commissioner Betty Wilson delivered the Invocation. ITEM 1. PRESENTATION GRAPEVINE HERITAGE FOUNDATION'S 2007 PRESERVATION ADVOCACY AWARDS 11/20/07 Mayor Tate presented the Grapevine Heritage Foundation's 2007 Preservation Advocacy Awards. The Preservation Advocacy Awards commemorate outstanding preservation accomplishments within the City of Grapevine. Mayor Tate presented the following awards: the "Advocacy Award"— Shirley Cannon Holley for her support and contributions to the restoration of the landmark 1940 Palace Theatre and the preservation and enhancement of the cultural heritage of the City of Grapevine and the Historic Township; the "Grapevine Township Project Award"— Mike and Lisa Buick for the reconstruction of the historic Simmons -Powers residence at 320 East Texas Street; the "Sharing the Vision Award"— Peggy Danner for her outstanding support of Grapevine High School's Future Farmers of America program and her ongoing commitment to bringing the farm experience to life for area children at Nash Farm; and the "Restoration Project"— Historic Keeling House (award accepted by Mayor Pro Tem Ted R. Ware) to the City of Grapevine's restoration of the historic Keeling House to its period of significance of 1888 and the adaptive reuse of the house as the Settlement to City Museum, celebrating 100 years of Incorporation of the City of Grapevine. ITEM 2. PUBLIC HEARING CONDITIONAL USE APPLICATION CU07-33 ATRIA GRAPEVINE Mayor Tate declared the public hearing open. Planner Albert Triplett reported that Conditional Use Application CU07-33 had been filed by Atria Grapevine requesting a conditional use permit to amend the site plan approved by Ordinance. No. 2000-38 for the addition of an entrance canopy, two pavilions, fencing and landscape features. The applicant is proposing to enhance the grounds by adding landscaping and additional amenities to the exterior common areas of the site. The proposed enhancements include but are not limited to the following: a new fountain at the main entrance, a covered entrance canopy at the main entrance, two new covered pavilions toward the rear of the facility, low level bollard lighting along existing and new walking paths, extension of walking path surfaces and screening fences for the rear service area and courtyard area. The subject property is located at 3975 William D. Tate Avenue and is zoned "CC" Community Commercial District Regulations. Mr. Joel Bodway reviewed the proposed enhancements and requested favorable consideration of the application. He stated it would take approximately six months to complete the project. 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 Lowery, offered a motion to close the public hearing. The motion prevailed by the following vote: i• 11/20/07 Ayes: Oliver, Coy, Fry, Murray, Wilson, Lowery & Hotelling Nays: None Mayor Pro Tem Ware, seconded by Council Member Lease, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Stewart, Freed & Lease Nays: None Absent: Wilbanks ITEM 3. PUBLIC HEARING CONDITIONAL USE APPLICATION CU07-35 GRAPEVINE MEDICAL OFFICES Mayor Tate declared the public hearing open. Planner Triplett reported that Conditional Use Application 0007-35 had been filed by Grapevine Medical Offices requesting a conditional use permit to amend the site plan approved by Ordinance No. 2006-74 for the development of two medical office buildings (4,658 and 4,798 square feet). The subject property is located at 815 and 823 Ira E. Woods Avenue and is zoned "CC" Community Commercial District Regulations. The applicant proposes to utilize a small monument sign (approximately 65 square feet) for each of the two proposed buildings as well as for the two existing buildings on Lot 16. Open space for the entire planned commercial center is approximately 25 percent. Mr. Derek DeGuire 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 Murray, seconded by Commissioner Fry, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Lowery & Hotelling 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, Stewart, Freed & Lease Nays: None Absent: Wilbanks 'K 11/20/07 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. ITEM 3A. CITIZENS COMMENT MR. JAMES HUMPHREY Mr. James Humphrey, 105 South Main Street, read the following letter into the record: Historic Downtown Grapevine Association Position Statement — adopted November 19, 2007 In recognition of the irreplaceable assets many downtown Grapevine buildings represent as both historic and economic assets, the Historic Downtown Grapevine Association conveys its support for the City of Grapevine's proposed fire sprinkler project in the 300 and 400 blocks of S. Main. As an organization representing the small businesses located in historic downtown Grapevine, HDGA emphasizes the unique qualities and diverse nature of each HDGA member business. Historic downtown Grapevine business are an integral element in the success of Grapevine's growing local, regional and national reputation as a desirable recreational and business conference destination. A major, or even a small contained fire downtown, would likely cause catastrophic consequences for member businesses. Short-term disruptions during the sprinkler system installations, even if only for a few days, will also cause serious financial consequences to most businesses. Because affected downtown business will ultimately shoulder a large portion of the financial costs of this project through increased assessments, rent escalations and business disruption, HDGA believes it is essential the economic impact on businesses owners be carefully considered and integrated into the fire sprinkler project's implementation planning. HDGA recommends the City of Grapevine include HDGA as a member of the sprinkler project installation planning group. HDGA will represent affected businesses and their issues to facilitate the development of an effective implementation plan. El 11/20/07 HDGA looks forward to working with the City of Grapevine to protect historical downtown buildings and insure a strong and vibrant future for downtown businesses. S\Jeff Pereson President Historic Downtown Grapevine Association ITEM 3B. CITIZENS COMMENT, MR. CHUCK BULTMANN Mr. Chuck Bultmann, 415 South Main Street and 334 South Main Street, expressed his support of the proposed sprinkler fire protection system. He requested that consideration be given to the disruption of the businesses. He also requested the City consider an ordinance not to allow any national chains, i.e. Crate and Barrel or Starbucks, in the historic downtown area. ITEM 3C. CITIZENS COMMENT,_MR. BILLY LANNOM Mr. Billy Lannom, 317 South Main Street, expressed his opposition to the proposed sprinkler fire protection system. He stated that originally it was presented as a voluntary program to business owners and now it has become mandatory. He stated that some property owners cannot afford additional expenses. ITEM 4. PUBLIC HEARING SUPER FREEPORT TAX EXEMPTION Mayor Tate declared the public hearing open. Development Manager Dan Truex recommended that the City Council adopt an ordinance relative to the Super Freeport tax exemption to tax "goods in transit" as designated by House Bill 621. Tarrant County Appraisal District advised that Grapevine is estimated to lose $168,839,602 of taxable value which results in a tax revenue loss of $612,044 at current property tax rates if HB621 exemptions go into effect. The FY2008 budgeted tax revenues have not allowed for this loss of taxable value. Staff is unaware of any city or taxing jurisdiction in the area that is adopting the exemption. The stated "goods in transit" will remain subject to taxation unless the City Council wishes to rescind the action at a future date. Mayor Tate invited guests present to comment regarding the proposed ordinance. No one wished to speak and there was no correspondence to report. Motion by Council Member Freed, seconded by Council Member Spencer, to close the public hearing prevailed by the following vote: Ayes: Tate, Ware, Spencer, Stewart, Freed & Lease Nays: None 01 11/20/07 Absent: Wilbanks Motion by Council Member Freed, seconded by Council Member Spencer, to approve the ordinance as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Stewart, Freed & Lease Nays: None Absent: Wilbanks ORDINANCE NO. 2007-63 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 21, TAXATION, BY ADDING SECTION 21-10 IMPOSING A TAX ON GOODS IN TRANSIT; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 5. RESOLUTIONS TARRANT DALLAS AND DENTON COUNTY APPRAISAL BOARDS Administrative Services Director Bill Gaither recommended consideration of resolutions casting votes for board members for Tarrant, Denton and Dallas Appraisal District Boards. The Council decided to vote only for Tarrant County Appraisal District and to not vote for the Dallas and Denton County Appraisal District Boards as the Council does not know any of the candidates. Motion by Council Member Spencer, seconded by Council Member Freed, to approve the resolution for Tarrant County Appraisal District by casting votes for John Eubanks. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Stewart, Freed & Lease Nays: None Absent: Wilbanks RESOLUTION NO. 2007-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS CASTING VOTES FOR THE ELECTION OF A CANDIDATE TO SERVE ON THE TARRANT COUNTY TAX APPRAISAL DISTRICT BOARD OF DIRECTORS AND PROVIDING AN EFFECTIVE DATE ITEM 6. ORDINANCE AMEND GRAPEVINE CODE OF ORDINANCES CHAPTER 7 BUILDINGS AND CONSTRUCTION CHAPTER 11 FIRE PROTECTION AND PREVENTION AND CHAPTER 25 UTILITIES AND SERVICES L 11/20/07 v� Note: Council Member Freed recused herself from the meeting. Public Works Director Matt Singleton recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 7 Buildings and Construction, Chapter 11 Fire Protection and Prevention and Chapter 25 Utilities and Services. He stated that Staff has developed a program for implementing Fire Protection through the use of sprinkler systems in the 300 and 400 blocks of South Main Street, the Historic Main Street area, which is the heart of the Historic Downtown Grapevine District, a major visitor attraction and the area is irreplaceable. The program includes public improvements with an estimated cost of $1,080,000 and private improvements with an estimated cost of $619,000. The program offers City funding of the private improvements with provisions for monthly payments to be paid to the City by the property owners or tenants over periods of up to 20 years at an interest rate of 4.5%. He stated the majority of owners in the two block area are supportive of the project and that a minority of owners have indicated little or no interest in participating in the program. The intent of the ordinance is to meet the City Council's desire for 100% participation by the owners in the two block area and to have a sprinkler fire protection system in place within six months of the date of adoption of the ordinance. The ordinance identifies the cost participation program developed with a deadline for participation of December 21, 2007. Discussion ensued relative to insurance credits for property owners and the possibility of the monthly payments being written off as a business expense. The City would do annual inspections and the sprinkler system would be monitored directly by the Fire Department at no cost to the property owners. Mr. Singleton stated that the contractor would be dedicated to the downtown project and would work after business hours through the night in order to impact the businesses as little as possible. Motion by Mayor Pro Tem Ware, seconded by Council Member Lease, to approve the ordinance as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Stewart & Lease Nays: None Absent: Wilbanks Abstain: Freed ORDINANCE NO. 2007-64 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES, CHAPTER 7 BUILDINGS AND CONSTRUCTION, ARTICLE I, SECTION 7-3 RELATIVE TO FIRE PROTECTION SYSTEMS; BY AMENDING CHAPTER 11 FIRE PROTECTION AND PREVENTION RELATIVE TO SPRINKLER SYSTEMS; BY AMENDING CHAPTER 25 UTILITIES AND SERVICES, SECTION 25-28(4) RELATING TO WATER RATES FOR FIRE SPRINKLER CON- N 11/20/07 REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH SEPARATE OFFENSE 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 Note: Council Member Freed returned to the Council Chambers. ITEM 7. AWARD CONTRACT, LANDSCAPING AND IRRIGATION, MEDIANS ON TEXAN TRAIL AMERICAN CIVIL CONSTRUCTORS Parks & Recreation Director Doug Evans recommended award of a contract to American Civil Constructors for the installation of landscaping and irrigation for the medians on Texan Trail in the amount of $194,800.00. He stated the project would establish a Xeriscape at one of the main entrances to Grapevine and that the landscape will consist of native or natively adapted plants, mulches and buffalo grass that will require little water and very little maintenance. Motion by Council Member Spencer, seconded by Council Member Stewart, to approve the contract as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Stewart, Freed & Lease Nays: None Absent: Wilbanks 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 8. Resolution, Approve Grapevine Industrial Development Corporation, Senior Air Cargo Revenue Bonds, Series 2007 Administrative Services Director recommended approval of a resolution approving the action of the Grapevine Industrial Development Corporation for its Senior Air Cargo Revenue Bonds, Series 2007 (Aero DFW ll, LP Project) (Cargo Acquisition Companies Obligated Group II). Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Stewart, Freed & Lease 11/20/07 Nays: None � Absent: Wilbanks RESOLUTION NO. 2007-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAEPVINE, TEXAS, APPROVING THE ACTION OF THE GRAPEVINE INDUSTRIAL DEVELOPMENT CORPORA -TION FOR ITS SENIOR AIR CARGO SPECIAL FACILITY REVENUE BONDS, SERIES 2007 (AERO DFW II, LP PROJECT) (CARGO ACQUISITION COMPANIES OBLIGATED GROUP II) AND PROVIDING AN EFFECTIVE DATE Item 9. Resolution, Award Contract The Playwell Group Parks & Recreation Director recommended approval of awarding a contract to The Playwell Group in the amount of $57,898.10 for playground equipment through an Interlocal Agreement. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Stewart, Freed & Lease Nays: None Absent: Wilbanks RESOLUTION NO. 2007-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO PURCHASE PLAYGROUND EQUIPMENT, THROUGH AN ESTABLISHED INTERLOCAL AGREEMENT AND PROVIDING AN EFFECTIVE DATE Item 10. Resolution, Purchase Thermal Imaging Camera Fire Chief recommended approval of a resolution authorizing purchase of thermal imaging cameras as a sole source purchase from Metro Fire Apparatus Specialties, Inc. in the amount of $19,999.98. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Stewart, Freed & Lease Nays: None Absent: Wilbanks 1 11/20/07 RESOLUTION NO. 2007-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE PURCHASE OF TWO THERMAL IMAGING CAMERAS; DETERMINING THAT THE CAMERAS ARE AVAILABLE FROM ONLY ONE SOURCE AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS AND DOCUMENTS AND PROVIDING AN EFFECTIVE DATE Item 11. Resolution, Renew Geographic Information Managing System Maintenance Agreement Assistant City Manager recommended approval of a resolution authorizing renewal of a maintenance agreement with ESRI, Inc. as a sole source provider for the City Geographic Information Mapping System software in an amount not to exceed $21,800.00. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Stewart, Freed & Lease Nays: None Absent: Wilbanks RESOLUTION NO. 2007-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE PURCHASE OF A MAINTENANCE AGREEMENT; DETERMINING THAT THE MAINTENANCE IS AVAILABLE FROM ONLY ONE SOURCE AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS AND DOCUMENTS AND PROVIDING AN EFFECTIVE DATE Item 12. Authorize Purchase, Thermoplastic Pre-Melter Kettle and Trailer Public Works Director recommended approval of the purchase of a thermoplastic pre- melter kettle and trailer from Advanced Striping Equipment in the amount of $29,602.60. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Stewart, Freed & Lease Nays: None Absent: Wilbanks 10 11/20/07 Item 13. Renew Annual Contract Portable Toilet and Hand Sanitizer Services City Events Consider renewal of an annual contract for portable toilet and hand sanitizer services for City events on an as needed basis to Aloha Environmental, as primary contractor and National Construction Rentals, as secondary contractor. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Stewart, Freed & Lease Nays: None Absent: Wilbanks Item 14. Consideration of Minutes City Secretary recommended approval of the minutes of the November 6, 2007 City Council meetings as published. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Stewart, Freed & Lease Nays: None Absent: Wilbanks ITEM 15. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU07-33 ATRIA GRAPEVINE Development Services Director Scott Williams reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU07-33 filed by Atria Grapevine granting a conditional use permit to amend the site plan approved by Ordinance No. 2000- 38 for the addition of an entrance canopy, two pavilions, fencing and landscape features on property located at 3975 William D. Tate Avenue and zoned "CC" Community Commercial District Regulations. 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, Stewart, Freed & Lease Nays: None Absent: Wilbanks 11 11/20/07 ORDINANCE NO. 2007-65 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 CU07-33 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2000-38 BY THE ADDITION OF ACCESSORY STRUCTURES, FENCING AND LANDSCAPE FEATURES, 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 16. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU07-35 GRAPEVINE MEDICAL OFFICES Development Services Director Williams reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU07-35 filed by Grapevine Medical Offices granting a conditional use permit to amend the site plan approved by Ordinance No. 2006- 74 for the development of two medical office buildings on property located at 815 and 823 Ira E. Woods Avenue and zoned "CC" Community Commercial District Regulations. Council Member Freed, 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, Ware, Spencer, Stewart, Freed & Lease Nays: None Absent: Wilbanks 12 ORDINANCE NO. 2007-66 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 CU07-35 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2006-74 FOR THE DEVELOPMENT OF TWO MEDICAL OFFICE BUILDINGS 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 ,8 11/20/07 Council Member Spencer, seconded by Council Member Freed, offered a motion to adjourn the meeting at 9:09 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Stewart, Freed & Lease Nays: None Absent: Wilbanks PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 4th day of December, 2007. William D. Tate Mayor 13 ATTEST: Linda Huff City Secretary 14 11/20/07