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HomeMy WebLinkAboutItem 13 - MinutesF.11 w w 1061, q William D. Tate Mayor ATTEST: Linda Huff City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Special Session (Executive Session) on this the 16th day of May, 2006 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 Mayor Ted R. Ware Mayor Pro Tern Sharron Spencer Council Member C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed 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 Matthew Boyle. Assistant 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 pursuant to 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 pursuant to Section 551.087, Texas Government Code. Note: City Council continued with the Regular City Council meeting in open session in the Council Chambers. 05/16/06 ADJOURNMENT Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to adjourn the meeting at 10:10 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of June, 2006. ATTEST: Linda Huff City Secretary 2 UZWKSAV01 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 May, 2006 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 Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Chris Coy Member Danette Murray Member Betty "BJ" Wilson Member Rob Undersander Member Becky St. John Member Mark Lowery Alternate Andrea Roy Alternate constituting a quorum, with Commissioner Herb Fry absent, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Mayor Tate called the meeting to order at 7:30 p.m. INVOCATION Commissioner Wilson delivered the Invocation. 05/16/06 ITEM 1. PRESENTATION, PROCLAMATION DECLARING NATIONAL HISTORIC PRESERVATION MONTH Mayor Tate presented a proclamation declaring May 2006 as National Preservation Month and the week of May 15-21, 2006 as Preservation Week in Grapevine. Historic Preservation Commission Chairman Burl Gilliam and Heritage Foundation Board Chairman Melva Stanfield accepted the proclamation. so • �. DEVELOPMENTOVERLAY PD06-06• • s OAKS Mayor Tate declared the public hearing continued from the April 18, 2006 meeting. Planner Stombaugh reported that Zoning Application Z06-03 and Planned Development Overlay PD06-06 had been filed by Stone Bridge Oaks for property located at 4600 State Highway 360. The zoning application requests rezoning of approximately 23.577 acres from "R -MF -1" Mulitfamily District Regulations to "R-TH" Townhouse District Regulations. The applicant plans a 138 unit townhouse development. The planned development overlay application requests to deviate from lot width relative to front entry garage access, building coverage, front, rear and side yard setbacks, buffer area, and building separation. Ms. Laurie Gillespie, Mr. Ron Slovacek and their associates requested favorable consideration of the application. Their presentation stated the 138 unit townhouse development would have an overall density of 5.85 units per acre containing 2,000 — 3,400 square foot units at a cost of approximately $300,000 - $450,000. She noted there would be approximately 10.55 acres in open space in the proposed development and every effort would be taken to preserve as many trees as possible. She reviewed the requests to deviate from the standard guidelines within the "R-TH" Townhouse District noting that the establishment of the planned development overlay centers mainly on the desire to preserve natural open space. Discussion ensued relative to public safety, street width and street maintenance, parking, sidewalks, trails and landscaping. The applicant responded that the 25 foot street width would be dedicated as fire lanes, the streets would be constructed, inspected and maintained according to the City of Grapevine standards. Each side of all streets has been designed with walking accessibility (either sidewalks or trail system) and additional off street parking has been added. There would not be any solid screening fences allowed on the residential lots and the Homeowner's Association would provide the maintenance of the open space. Council expressed concern that the east end of Noble Oaks is shown opening to the adjacent property and that there is already a street named Clearview Drive in Grapevine. Mayor Tate invited guests present to comment regarding the application. The following persons spoke in favor of the proposed applications and development as opposed to what could be developed without the zone change and the planned development overlay: FU 05/16/06 Ms. Katie Ballew, 500 Woodhill Court Mr. Rocky Gardiner, 606 Ellington Drive Ms. Melissa Klauss, 504 Woodhill Court The City Council and Commission were copied the three letters of support and two letters of protest within 200 feet of the subject property and the two letters of support and one letter of protest outside the 200 feet of the subject property. Commissioner Murray, seconded by Commissioner St. John, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Murray, Wilson, Undersander, St. John & Roy Nays: None Absent: Fry 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, Johnson, Stewart & Freed Nays: None Note: Council Member Johnson left the Council Chambers. ITEM 3. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU06-11 WILD WEST CUSTOM CYCLES Mayor Tate declared the public hearing open. Planner Stombaugh advised that the applicant had requested Conditional Use Application CU06-11 filed by Wild West Custom Cycles requesting a conditional use permit for motorcycle sales and service and the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages) with outside dining in conjunction with a 9,476 square foot restaurant on property located at 204 North Dooley Street be tabled to the June 20, 2006 meeting. The property is zoned "CC" Community Commercial District Regulations. Commissioner Coy, seconded by Commissioner Undersander, offered a motion to table the public hearing to the June 20, 2006 meeting. The motion prevailed by the following vote: Ayes: Oliver, Coy, Murray, Wilson, Undersander, St. John & Roy Nays: None Absent: Fry 3 x•i• Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to table the public hearing to the June 20, 2006 meeting. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson Note: Council Member Johnson returned to the Council Chambers. ITEM 4. PUBLIC HEARING CONDITIONAL USE APPLICATION CU06-12 WINESTYLES Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU06-12 had been filed by WineStyles requesting 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 wine store. The property is located at 2350 Hall -Johnson Road #120 and is zoned "CN" Neighborhood Commercial District Regulations. Note: Mayor Tate left the meeting and turned the meeting over to Mayor Pro Tem Ware Mr. Chris Thorn and Ms. Kim Thorn requested favorable consideration of the application There were no questions from the City Council or the Planning & Zoning Commission. Mayor Pro Tem Ware 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 three letters of support for the application. Commissioner Murray, seconded by Commissioner St. John, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Murray, Wilson, Undersander, St. John & Roy Nays: None Absent: Fry Council Member Stewart, seconded by Council Member Johnson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate Note: Mayor Tate returned to the meeting. 0 05/16/06 ITEM 5. PUBLIC HEARING CONDITIONAL USE APPLICATION CU06-13 STARBUCKS/GRAPEVINE CORNER Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU06-13 had been filed by Grapevine Corner requesting a conditional use permit for a drive through and outside dining with a restaurant at 920 East Northwest Highway and 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 located at 924 East Northwest Highway. The subject property is zoned "CC" Community Commercial District Regulations. One structure is proposed to be a 45 seat stand alone restaurant with drive- through service and outside dining (Starbucks) comprising some 1,925 square feet. The second building is proposed to be a multi -tenant, two-story structure comprising nearly 26,000 square feet with an approximate 378 seat restaurant, as yet unnamed, with seating located on both the first and second floors with on -premise consumption of alcoholic beverages. Mr. Mike Peterson requested favorable consideration of the application. Brief discussion ensued relative to the proposed parallel parking on East Wall Street. Staff stated that the parking was overflow parking only and not required to meet City Code. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Undersander, seconded by Commissioner St. John, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Murray, Wilson, Undersander, St. John & Roy Nays: None Absent: Fry 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, Wilbanks, Johnson, Stewart & Freed Nays: None MIDNIGHT RODFO/HONDO'S GRILL Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU06-15 had been filed by Midnight Rodeo/Hondo's Grill requesting a conditional use permit to amend the site plan 5 05/16/06 approved by Ordinance No. 2005-11 to adjust the location of the building to the north due to a 45 foot right of way expansion along State Highway 121. The property is located at 2900 Grapevine Mills Parkway and is zoned "CC" Community Commercial 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 Murray, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Murray, Wilson, Undersander, St. John & Roy Nays: None Absent: Fry Council Member Johnson, seconded by Council Member Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Note: Council Member Freed left the Council Chambers. ITEM 7. PUBLIC HEARING CONDITIONAL USE APPLICATION CU06-16 LA FITNESS Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU06-16 had been filed by LA Fitness requesting a conditional use permit to amend the site plan approved by Ordinance No. 2006-05 for the addition of a 45,000 square foot fitness center. The property is located at 3200 Grapevine Mills Parkway and is zoned "CC" Community Commercial District Regulations. Mr. Lance Lilly requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. Note: Council Member Freed returned to the Council Chambers. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. n 05/16/06 Commissioner St. John, seconded by Commissioner Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Murray, Wilson, Undersander, St. John & Roy Nays: None Absent: Fry Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 8. PUBLIC HEARING SPECIAL USE APPLICATION SU06-05 AND FINAL PLAT APPLICATION LOTS 9R1 AND 9R2, BLOCK 7, W. C. LUCAS ADDITION REPLAT OF LOT 9 BLOCK 7 W. C. LUCAS ADDITION Mayor Tate declared the public hearing open. Planner Stombaugh reported Special Use Application SU06-05 and the final plat of Lots 9R1 and 9R2, Block 7, W. C. Lucas Addition being a replat of Lot 9, Block 7. W. C. Lucas Addition had been filed by Mr. Rahim Quazi for property located at 1218 Worthington Drive. The property is zoned "R-7.5" Single Family District Regulations. The applicant proposes to build a single family detached dwelling on the subject property. The flag lot does not meet the minimum lot width requirement established for the district at the street right of way and therefore, the front yard setback will be established beyond the flag portion where the lot meets the minimum width requirement. The lot is a portion of an existing lot that is proposed for replatting into two separate lots. Mr. Rahim Quazi 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. Ms. Tammy Nicodemos, 732 Forest Street, expressed her opposition to the application stating that it would increase the population in the neighborhood, as well as the school, increase traffic and affect the quality of life in the neighborhood. She presented a petition signed by ten residents opposing the approval of the flag lot. City Secretary Huff reported the Council and Commission had been copied the one letter of support. Commissioner Wilson, seconded by Commissioner Undersander, offered a motion to close the public hearing. The motion prevailed by the following vote: 7 05/16/06 Ayes: Oliver, Coy, Murray, Wilson, Undersander, St. John & Roy � Nays: None Absent: Fry Council Member Stewart, 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, Johnson, Stewart & Freed Nays: None 1:7x.+ • 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. Deputy Director of Public Works Stan Laster recommended approval of an ordinance amending the City of Grapevine Master Thoroughfare Plan to reflect the reduction in classification of Wall Street between Main Street and Texan Trail from a Type E Collector to a Type F Collector. The reduction in pavement section will provide a roadway similar in width and appearance to Dooley Street north of Dove Loop. The width will allow for parking on one side of the roadway while maintaining the ability for two opposing vehicles to pass safely. Council discussion ensued relative to the current need to reduce the width of the street. Staff stated that traffic volumes on the roadway between Main Street and Texan Trail have remained consistent over the past few years at a maximum of 1,300 vehicles per day. Council Member Wilbanks, seconded by Mayor Pro Tem Ware, offered a motion to approve the ordinance amending the Master Thoroughfare Plan. The motion prevailed by the following vote: Ayes: Tate, Ware, Johnson & Stewart Nays: Wilbanks, Spencer & Freed AN ORDINANCE OF THE CITY OF GRAPEVINE AMENDING ORDINANCE NO. 2004-78, RELATING TO THE THOROUGHFARE PLAN OF THE CITY OF GRAPEVINE, N 05/16/06 TEXAS; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 10. RESOLUTION, SUSPEND 2005 GRIP RATE INCREASE REQUEST BY ATMOS GAS Assistant City Manager Jennifer Hibbs recommended approval of a resolution suspending a requested 2005 GRIP rate increase requested by Atmos Gas. The Company is requesting to implement a monthly surcharge of $0.51 on all residential customers, $1.75 for commercial customers, and $78.47 for industrial customers to recover investments in infrastructure in 2005. Staff is recommending suspending the rate request to the maximum extent permitted by law. This will allow the cities time to evaluate the filing, determine whether the filing complies with law, and if lawful, to determine whether the surcharge is reasonable. Council Member Wilbanks stated the Utility Committee supported the suspending of the rate request. Motion by Council Member Wilbanks, seconded by Mayor Pro Tem Ware, offered a motion to adopt the resolution suspending the requested 2005 GRIP rate increase request. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2006-35 A RESOLUTION BY THE CITY OF GRAPEVINE, TEXAS SUSPENDING THE MAY 30, 2006, EFFECTIVE DATE OF THE PROPOSAL BY ATMOS ENERGY CORP., MID-TEX DIVISION TO IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2005; AUTHORIZING PARTICIPATION WITH THE GAS STANDING STEERING COMMITTEE IN A REVIEW AND INQUIRY INTO THE SUFFICIENCY OF THE FILING AND THE BASIS AND REASONABLENESS OF THE PROPOSED RATE ADJUSTMENTS; AUTHORIZING INTERVENTION IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING THE PROPOSED GRIP RATE ADJUSTMENTS; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL AND PROVIDING AN EFFECTIVE DATE 9 05/16/06 ITEM 11. RESOLUTION, JOINT ATMOS GAS STANDING STEERING COMMITTEE Assistant City Manager Jennifer Hibbs recommended approval of a resolution joining the Atmos Gas Standing Steering Committee. Our financial participation in the committee would be based on a $.05 per capita assessment, which would total about $2,300.00. This assessment from the member cities would cover the funding necessary to continue proceedings at the Railroad Commission on the GRIP filings and fund any other necessary rate actions. All rate case expenses will eventually be reimbursed by Atmos. This is the same structure used by the TXU Cities Steering Committee and has been very effective in funding and monitoring rate actions taken by TXU. The City Council Utilities Committee recommend approval. Motion by Council Member Freed, seconded by Mayor Pro Tem Ware, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2006-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AUTHORIZING THE EXECUTION OF THE GAS STANDING STEERING COMMITTEE PARTICIPATION AGREEMENT AND PROVIDING AN EFFECTIVE DATE 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. Item 12 Change Order No. 1, Oak Grove Trail Project was removed by Staff, ITEM 12. CHANGE ORDER NO. 1 OAK GROVE TRAIL PROJECT This item was removed from the consent agenda by Staff and discussed after Item 14. Parks & Recreation Director Doug Evans recommended approval of Change Order No. 1 to the Oak Grove Trail Project in the $104,354.76 with Ken -Do Contracting, L.P. During the course of the construction of the trail project, to insure completion of the trail within the contract time limitations, needed projects were completed. Some of the items included concrete rip -rap bags for retaining walls (to mitigate taking out trees), curb & gutter, additional survey work, and new pipe rail. ius 05/16/06 Motion by Council Member Spencer, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 13. Renew Annual Contracts, Water and Wastewater Chemicals Public Works Director recommended approval of the renewal of annual contracts for the purchase of water and wastewater chemicals to Altivia; Pencco, Inc.; Fort Bend Services; Harcross Chemicals and DPC Industries (DX Group). Motion by Mayor Pro Tem Ware, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 14. Consideration of Minutes City Secretary recommended approval of the minutes of the May 2, 2006 City Council meetings as published. Motion by Mayor Pro Tem Ware, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 15. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z06-03 STONE BRIDGE OAKS Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Zoning Application Z06-03 filed by Stone Bridge Oaks for property located at 4600 State Highway 360 granting rezoning of approximately 23.577 acres from "R -MF -1" Mulitfamily District Regulations to "R-TH" Townhouse District Regulations. Council Member Freed, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation and approve the ordinance granting the rezoning. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None 11 05/16/06 ORDINANCE NO. 2006-30 AN ORDINANCE 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 OF GRAPEVINE, TEXAS, GRANTING ZONING CHANGE Z06-03 ON A TRACT OF LAND OUT OF THE G.W. MINTER SURVEY, ABSTRACT NO. 1083, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "R -MF -1" MULTIFAMILY DISTRICT REGULATIONS TO "R-TH" TOWNHOUSE DISTRICT REGULATIONS; 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 16. PLANNING & ZONING COMMISSION RECOMMENDATION PLANNED DEVELOPMENT OVERLAY PD06-06 STONE BRIDGE OAKS Chairman Oliver reported the Planning & Zoning Commission voted 6-1 for approval of Planned Development Overlay PD06-06 filed by Stone Bridge Oaks granting a planned development overlay to deviate from lot width relative to front entry garage access, building coverage, front, rear and side yard setbacks, buffer area, and building separation on property located at 4600 State Highway 360 with the condition that the east end of Noble Oaks be closed to the adjacent property. Council Member Freed, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance granting the planned development overlay with the condition that the east end of Noble Oaks be closed. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None im AN ORDINANCE ISSUING A PLANNED DEVELOPMENT OVERLAY IN ACCORDANCE WITH SECTION 41 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 PLANNED DEVELOPMENT OVERLAY PD06-06 TO DEVIATE FROM THE FOLLOWING REQUIREMENTS: LOT WIDTH RELATIVE TO FRONT ENTRY GARAGE ACCESS, BUILDING COVERAGE, FRONT, REAR AND SIDE YARD SETBACKS, BUFFER AREA, AND BUILDING SEPARATION ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS PLANNED DEVELOPMENT OVERLAY PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 17. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT STONE BRIDGE OAKS Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the preliminary plat of Stone Bridge Oaks located between State Highway 360 and Grapevine -Euless Road. The property is being platted for single family residences. Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the preliminary plat of Stone Bridge Oaks located between State Highway 360 and Grapevine - Euless Road with the condition that access to Noble Oaks from the east be eliminated. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None 13 ITEM 18. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT STONEOAKS Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Stone Bridge Oaks located between State Highway 360 and Grapevine -Euless Road. The property is being platted for single family residences. Council Member Johnson, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Stone Bridge Oaks located between State Highway 360 and Grapevine -Euless Road with the condition that access to Noble Oaks from the east be eliminated. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 19. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU06-12 WINESTYLES Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU06-12 filed by WineStyles 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 wine store. The property is located at 2350 Hall -Johnson Road #120 and is zoned "CN" Neighborhood 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, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2006-32 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 KNOW! AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU06-12 TO ALLOW THE POSSESSION, STORAGE, RETAIL SALE AND OFF -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER AND WINE ONLY) IN CONJUNCTION WITH A RETAIL WINE STORE IN A DISTRICT ZONED "CN" WE 05/16/06 NEIGHBORHOOD 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 20. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU06-13 STARBUCKS/GRAPEVINE CORNER Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU06-13 filed by Starbucks/Grapevine Corner granting a conditional use permit for a drive through and outside dining with a restaurant (Starbucks) at 920 East Northwest Highway and 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 located at 924 East Northwest Highway. The subject property is zoned "CC" Community Commercial District Regulations. Council Member Johnson, 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, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2006-33 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 CU06-13 TO ALLOW A DRIVE-THROUGH IN CONJUNCTION WITH A RESTAURANT WITH OUTSIDE DINING AND ANOTHER 15 05/16/06 RESTAURANT WITH OUTSIDE DINING WITH THE POSSESSION, STORAGE, RETAIL SALE, AND ON -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) 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 21. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU06-15 MIDNIGHT RODEO/HONDOS'GRILL Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU06-15 filed by Midnight Rodeo/Hondos' Grill granting a conditional use permit to amend the site plan approved by Ordinance No. 2005-11 to adjust the location of the building. The property is located at 2900 Grapevine Mills Parkway and is zoned "CC" Community Commercial District Regulations. Council Member Wilbanks, seconded by Council Member Johnson, 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, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2006-34 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 CU06-15 TO 16 05/16/06 AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2005-11 FOR A RESTAURANT/DANCE CLUB TO RELOCATE THE BUILDING 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 22. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU06-16 LA FITNESS Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU06-16 granting a conditional use permit to amend the site plan approved by Ordinance No. 2006-05 for the addition of a 45,000 square foot fitness center. The property is located at 3200 Grapevine Mills Parkway and is zoned "CC" Community Commercial District Regulations. Mayor Pro Tem Ware, seconded by Council Member Freed, 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, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2006-35 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 CU06-16 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2006-05 FOR A FITNESS/WORKOUT CENTER IN A 17 05/16/06 DISTRICT ZONED• COMMERCIAL DISTRICT REGULATIONSACCORDANCE APPROVEDSITE PLAN PURSUANT• SECTION 47 OF ORDINANCE N• : D ALL OTHER CONDITIONS, CORRECTINGRESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; OFFICIAL ZONINGMAP; PRESERVING ALL OTHER PORTIONSZONING ORDINANCE; PROVIDING A CLAUSETOSEVERABILITY; DETERMINING THATPUBLIC INTERESTS,MORALS GENERALAND .. THIS CONDITIONAL USE PERMIT; P• . PENALTY NOT • EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE BE DEEMED COMMITTED UPON EACH DAY DURING OR ON • • • - DECLARING AN EMERGENCY AND PRO A- ..• DATE SPECIAL USE APPLICATION 16 1 RAHIM QUAZI Chairman Oliver reported the Planning & Zoning Commission voted 5-2 for approval of Special Use Application SU06-05 filed by Rahim Quazi granting a special use permit for a flag lot on property located at 1218 Worthington Drive and zoned 'R-7.5" Single Family District Regulations. Council Member Freed, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance granting the special use permit. It was noted that the city's policy for flag lots needs to be reviewed. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: Wilbanks AN ORDINANCE ISSUING A SPECIAL USE PERMIT IN ACCORDANCE WITH SECTION 49 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 SPECIAL USE PERMIT SU06-05 FOR A FLAG LOT IN THE "R-7.5" SINGLE FAMILY 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 m 05/16/06 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 24. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 9R1 AND 9R2, BLOCK 7, W. C. LUCAS ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 9R1 and 9R2, Block 7, W. C. Lucas Addition. The property is located at 1218 Worthington Drive and is being platted for development of a single family residence on a flag lot. 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 Lots 9R1 and 9R2, Block 7, W. C. Lucas Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 25 PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT, LOT 1, BLOCK 1, GALAISE ESTATES 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, Galaise Estates. The 0.316 acre property is located at 318 North Main Street and is being platted for expansion of the existing building and parking lot. The subject property is zoned "CN" Neighborhood Commercial District Regulations. Council Member Johnson, 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, Galaise Estates. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None [ro 05/16/06 ADJOURNMENT Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to adjourn the meeting at 10:10 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of June, 2006. Linda Huff City Secretary KIN William D. Tate Mayor STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Special Session on this the 23rd day of May, 2006 at 5:00 p.m. in the City Council Chambers, Second Floor, 200 South Main Street, with the following members present to -wit: William D. Tate Ted R. Ware C. Shane Wilbanks Sharron Spencer Clydene Johnson Mayor Mayor Pro Tem Council Member Council Member Council Member constituting a quorum, with Council Member Roy Stewart and Council Member Darlene Freed absent, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Mayor Tate called the meeting to order at 5:05 p.m. INVOCATION Mayor Pro Tem Ware delivered the Invocation. ITEM 1. CANVASS 2006 CITY OFFICER ELECTION Mayor Tate conducted the canvass of the City Officer Election held on Saturday, May 13 2006, with 27,417 registered voters casting a total of 2.384 votes for the following candidates: Mayor William D. Tate 1,632 John Kutch 19 Traci D. Wilkinson 725 Place 1 C. Shane Wilbanks 1,765 Place 2 Sharron Spencer 1,752 Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to accept the results and adopt the resolution declaring the following officials elected: Mayor William D. Tate Place 1 C. Shane Wilbanks Place 2 Sharron Spencer The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Spencer & Johnson Nays: None Absent: Stewart & Freed RESOLUTION NO. 2006-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DECLARING THE RESULTS OF THE 2006 CITY OFFICER ELECTION AND PROVIDING AN EFFECTIVE DATE on-L9151-agum 05/23/06 Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 5:07 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Spencer & Johnson Nays: None Absent: Stewart & Freed PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of June, 2006. Linda Huff City Secretary 2 F.111 UW William D. Tate Mayor