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HomeMy WebLinkAboutItem 17 - Minutes 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 14th day of August, 2012 at 5:30 p.m. in the City Council Chambers, Second Floor, 200 South Main Street, with the following members present to-wit: William D. Tate Mayor C. Shane Wilbanks Mayor Pro Tem Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager Cathy Cunningham Assistant City Attorney Jodi C. Brown City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 5:33 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Council Member Chris Coy delivered the Invocation and led the Pledge of Allegiance. IT_ EM 1. ORDINANCE, CALLING NOVEMBER 6, 2012 MUNICIPAL BOND ELECTION City Manager Bruno Rumbelow reported that over the past several months Staff has been working with consultants on feasibility studies for a new public safety building as well as an expansion and renovation to the Community Activities Center. Staff and consultants met with the City Council numerous occasions in workshop to discuss the proposed projects: Proposition 1 - Public Safety Building in the amount$38,600,00 for the construction of an approximately 100,000 square foot building and land acquisition, as necessary,that would accommodate all Police services, Fire Administration, Municipal Court, Detention, the Emergency Operations Center and Information Technology. Proposition 2 - Community Activities Center Expansion and Renovation in the amount of $30,100,000 for the renovation of the existing 48,000 square foot center and the addition of 08/14/12 approximately 60,000 square feet to provide for a wing to replace the current Senior Activities Center, additional fitness room space, indoor aquatics, multi-purpose rooms, child care/playground, game room, walking jogging track, locker rooms, family style changing rooms, restrooms, and office space. Staff anticipated that if both propositions are approved by voters in November, 20 year term bonds would be sold with no tax rate increase. Motion by Council Member Freed, seconded by Council Member Lease, to approve the ordinance calling a bond election for November 6, 2012 prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2012-34 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, CALLING A BOND ELECTION TO BE HELD WITHIN SAID CITY; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION AND OTHER PROVISIONS INCIDENTAL THERETO; AND DECLARING AN EMERGENCY ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member.Stewart, offered a motion.to adjourn the meeting at 5:38 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 4th day of September, 2012. APPROVED: William D. Tate Mayor ATTEST.: Tara Brooks Assistant City Secretary 2 STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 14th day of August, 2012 at 5:30 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 C. Shane Wilbanks Mayor Pro Tern Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager Jodi C. Brown City Secretary John McGrane Administrative Services Director CALL TO ORDER Mayor Tate called the workshop to order at 5:42 p.m. ITEM 1. WORKSHOP, BUDGET FISCAL YEAR 2012-2013 City Manager Bruno Rumbelow noted that the proposed Fiscal Year 2013 budget continues to reflect the Council's priorities and represents the City's continued commitment to meeting the objectives necessary to achieve the City's goals. He stated the proposed budget was developed utilizing the effective tax rate and maintains a 20% fund balance. The FY2013 budget includes a proposed reduction in the ad valorem tax rate from$0.3480 to $0.345695 per$100 valuation. He noted the proposed budget includes eight additional full-time and one additional part-time positions as a result of the staffing study conducted earlier this year, and that the proposal includes a recommended 3% merit increase for general employees and a 5% step increase for public safety employees. Administrative Services Director John McGrane reviewed the FY2013 budget proposal for the following: General Fund, Convention & Visitors Bureau Fund, Stormwater Drainage Fund, Crime Control and Prevention District Fund, Lake Parks Fund, 413 Economic Development Fund, Debt Service Fund, Utility Enterprise Fund, Lake Enterprise (Golf) Fund, PCMFIPSMF Fund, Quality of Life Fund and Capital Equipment Acquisitions Fund. 08/14/12 Administrative Services Director McGrane noted that the fund balances for the following funds meet or exceed their fund balance requirements: General Fund, CVB, SDUS and Debt Service. The CCPD, Lake Parks, 4B and Golf funds have revenues that match or exceed expenditures. The proposed budget incorporates cash funding for Equipment and Technology, Permanent Capital Maintenance and Permanent Street Maintenance,vehicles and capital equipment. The projected General Fund transfer to the Quality of Life Fund for FY2013 is $3,000,000.00 with funding proposed for projects totaling$5,756,750.00. The FY2012-13 Quality of Life Fund proposed project list was reviewed. Mr. McGrane noted that funding for a utility rate studywas included in the Utility Fund due to the City's increased rawwater costs. Council expressed their appreciation to Staff for theirwork on the proposed FY2013 budget. There was no formal action taken by the City Council. ADJOURNMENT Council Member Stewart, seconded by Mayor Pro Tern Wilbanks, offered a motion to adjourn the workshop at 6:26 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 4th day of September, 2012. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks Assistant City Secretary 2 s STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 21st day of August, 2012 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 C. Shane Wilbanks Mayor Pro Tern Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager John F. Boyle, Jr. City Attorney Jodi C. Brown City Secretary CALL TO ORDER Mayor Tate called the workshop to order at 6:31 p.m. ITEM 1. DISCUSS RECYCLING PILOT PROGRAM City Manager Bruno Rumbelow stated Council authorized the Cart Recycling Pilot Program in November 2011, and that the results of the study suggested strong support for implementation of a City-wide cart recycling program. Public Works Director Stan Laster noted the program involved approximately 2,200 homes from one area in north Grapevine and one area in south Grapevine, using 65-gallon roll out carts. The follow-up survey results concluded the roll cart program was well received in the community and to implement the roll cart recycling program Allied Waste Services was requesting a rate adjustment of$1.47 per month for recycling,and a two year solid waste contract extension to cover the capital outlay necessary to outfit the vehicles and purchase the carts. Following discussion on concerns of cost increase, program availability for all residents, and a contract extension, it was the consensus of the City Council to have Staff prepare a telephone survey to assess the citizens' interest in the roll cart recycling program and fees associated with the program's implementation. 08/21/12 There was no formal action taken by the City Council. ITEM 2. BRIEFING ON TOURING AND SIGHTSEEING APPLICATION Police Chief Eddie Salame briefed the City Council on a touring and sightseeing application submitted by Ellis and Vicki Peden (Grapevine Cycle Pub)for a bicycle sightseeing/touring service in downtown Grapevine. The service would utilize a 16 seat passenger bicycle, controlled and driven by a company employee, allowing the passengers to bring their own alcoholic beverages on the Cycle Pub during their ride to visit e#Iterdowntown wineries or alcoholic beverage establishments. The City Council stated concerns with the proposal due to roadway construction and increased traffic, safety and neighborhood route selection. There was no formal action taken by the City Council. ITEM 3. MONTHLY FINANCIAL UPDATE Administrative Services Director John McGrane presented the monthly financial update, noting that the July monthly sales tax receipts were up 6.2% over last year, revenues and expenditures for the General Fund are tracking as anticipated and projecting a $2 million savings in the Insurance Fund. He stated that water sales are down, along with expenditures, and that the Hotel Occupancy Tax had a slight increase. The City's unemployment rate remained at 6.1%. There was no formal action taken by the City Council. ADJOURNMENT Council Member Stewart, seconded by Council Member Coy, offered a motion to adjourn the workshop at 7:01 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 4th day of September, 2012. APPROVED: William D. Tate Mayor 2 08/21/12 ATTEST' Tara Brooks Assistant City Secretary 3 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 21 st day of August, 2012 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 C. Shane Wilbanks Mayor Pro Tern Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager John F. Boyle, Jr. City Attorney Jodi C. Brown City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:02 ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding: (A) conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate or expand in the City; with which businesses the City is conducting economic development negotiations under Section 551.087, Texas Government Code. Upon reconvening in open session in the Council Chambers, Mayor Tate asked if there was any action necessary relative to the closed session. City Manager Bruno Rumbelow stated there was no action necessary relative to conference with City Manager and Staff under Section 551.087, Texas Government Code. NOTE: City Council continued with the Regular City Council meeting in open session in the City Council Chambers. ADJOURNMENT 08/21/12 Mayor Pro Tern Wilbanks, seconded by Council Member Coy, offered a motion to adjourn the meeting at 11:08 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 4th day of September, 2012. APPROVED: William D. Tate Mayor ATTEST; Tara Brooks Assistant City Secretary 2 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 21 st day of August, 2012 at 7:30 p.m. in the City Council Chambers, Second Floor, 200 South Main Street, with the following members of the City Council present to-wit: William D. Tate Mayor C. Shane Wilbanks Mayor Pro Tem Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with the following members of the Planning &Zoning Commission: Larry Oliver Chairman Betty "BJ" Wilson Member Monica Hotelling Member Gary Martin Member Wayne Szot Alternate-. Elaine Martin Alternate constituting a quorum, with Commissioners Herbert Fry, Jim Fechter and Beth Tiggelaar absent, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager John F. Boyle, Jr. City Attorney Jodi C. Brown City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:32 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Betty Wilson delivered the Invocation and led the Pledge of Allegiance. ITEM 1A. PRESENTATION, CITY'S ACTIONS ON WEST NILE VIRUS City Manager Bruno Rumbelow introduced Parks & Recreation Director Doug Evans and Mr. David Jefferson with the Tarrant County Health Department who gave an update on the 08/21/12 City's plan of action on the West Nile Virus. Mr. Evans stated there were seven confirmed human cases in Grapevine and 205 in Tarrant County, reviewed prevention and control measures by the City, and continued education efforts throughout the City. Mr. Jefferson highlighted Tarrant County's progressive steps to address West Nile Virus and noted several effective steps--eliminating mosquito breeding areas, using repellent, dressing appropriately to avoid being bitten when outdoors and avoiding being outside from dusk to dawn. ITEM 1. PUBLIC HEARING, ZONING APPLICATION Z12-07, CONDITIONAL USE APPLICATION CU12-27, PLANNED DEVELOPMENT OVERLAY PD12-05 AND FINAL PLAT OF LOT 1-R BLOCK 1 THE STOREHOUSE ADDITION REPLAT OF LOT 1, BLOCK 1, THE STOREHOUSE ADDITION AND 1.759 ACRES OF AN UNPLATTED TRACT OF LAND Mayor Tate continued the public hearing from the July 17, 2012 meeting. Planning and Development Manager Ron Stombaugh stated that Zoning Application Z12-07, Conditional Use Application CU 12-27 and Planned Development Overlay PD12-05 and application for the final plat of Lot 1-R, Block 1,The Storehouse Addition being a replat of Lot 1, Block 1, The Storehouse Addition and 1.759 acres of an unplatted tract of land had been filed by Blake Architects (Scribner Street Storage)for property located at 401 and 427 North Scribner Street. The zoning application requests rezoning of 3.44 acres from "R-MF-1" Multifamily District Regulations and "R-MF-2" Multifamily District Regulations to "CC" Community Commercial District Regulations for the development of a public storage facility. The conditional use application requests a conditional use permit to allow for public storage garages with boat and RV storage and the planned development ovedayto include but not be limited to deviation from district size, open space, building separation,front, rear and side yard setbacks, landscaping and masonry requirements. Mr. Stombaugh advised the applicant proposes to expand the existing 35,490 square foot, seven structure mini-warehouse facility by including an additional 76,622 square feet for 94 outside boat and RV storage spaces. The required parking for the existing and proposed use is 12 spaces. Two of the required parking spaces are provided at the main entrance adjacent to the relocated on-site office and the remaining required parking is adjacent to the individual storage units on a short term basis. The planned development overlay is required for the applicant to develop the site as intended relative to district size (3.44 acres); open space (10%); building separation (21 feet); rear yard setback (6 feet); side yard setback (zero setback on the south property line for an existing building); front yard setback(8 to 9 feet);front yard landscape setback(paving up to the property line adjacent to Scribner Street, along with 2 parking spaces); perimeter landscaping (none provided); interior landscaping relative to vehicle use area (between 5 and 15 feet) and masonry requirements (all metal). Mr. Skip Blake and Mr. Tony Scarton requested favorable consideration of the application. 2 08/21/12 The City Council stated concerns on the planned development overlay request and the use of 6 foot tall fencing to screen the boat and RV storage area. Mayor Tate invited guests present to comment regarding the application. Ms. Cheryl Warner, 1128 Ginger Trail, DeSoto, Texas, spoke in opposition to the rezoning request, and four letters of opposition were copied to the Council and Commission. Commissioner Hotelling, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Wilson, Hotelling, G. Martin, Szot & E. Markin Nays: None Absent: Fry, Fechter & Tiggelaar Council Member Coy, seconded by Council Member Stewart,offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 2. PUBLIC HEARING CONDITIONAL USE ' APPLICATION CU12-25 AMERICAN SPORTSMAN SHOOTING CENTER Mayor Tate continued the public hearing open from the July 17, 2012 meeting. Planning and Development Manager Stombaugh stated that Conditional Use Application CU12-25 had been filed by American Sportsman Shooting Center requesting a conditional use permit for an indoor shooting range. The subject property is located at 1960 Enchanted Way and is zoned "CC" Community Commercial District Regulations. The applicant proposes to develop a limited access shooting facility in a 7,600 square foot structure. The facility would require reservations and would allow one to four shooters at a time for hunting and firearms training under the supervision of a qualified firearms instructor. Mr. Randy Sykora requested favorable consideration of the application, and answered questions that the facility would have light retail sales and; that the tentative hours of operation would be 10 a.m. to 8 p.m. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Wilson, seconded by Commissioner Hotelling,offered a motion to close the public hearing. The motion prevailed by the following vote: 3 08/21/12 Ayes: Oliver, Wilson, Hotelling, G. Martin, Szot & E. Martin Nays: None Absent: Fry, Fechter& Tiggelaar Mayor Pro Tern Wilbanks, seconded by Council Member Lease, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 3. PUBLIC HEARING, ZONING APPLICATION Z12-08 JULIA TIJERINA Mayor Tate declared the public hearing open. Planning and Development Manager Stombaugh stated that Zoning Application Z12-08 had been filed by Julia Tijerina requesting rezoning of 0.908 acres from "GU" Governmental Use District to "HC" Highway Commercial District for property located at 736 East Northwest Highway. The rezoning would allow for the construction of a 4,800 square foot office building and a 4,999 square foot retail building. The proposed secondary access onto West Wall Street will be gated and accessed for emergency purposes only. Mr. Mark Howe and Ms. Laura Martinez spoke on behalf of the applicant requesting favorable consideration of the application. Ms. Martinez responded to the Commission that her sister was to be the tenant of the property to allow expansion of their family business. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Szot, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Wilson, Hotelling, G. Martin, Szot & E. Martin Nays: None Absent: Fry, Fechter & Tiggelaar Council Member Stewart, seconded by Council Member Coy; offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 4. PUBLIC HEARING, ZONING APPLICATION Z12-10, CONDITIONAL USE APPLICATION CU 12-33, PLANNED DEVELOPMENT OVERLAY PD12-06 AND FINAL PLAT LOTS 1 AND 2. BLOCK 1, THE GATEHOUSE IN GRAPEVINE, REPLAT OF LOT 3, BLOCK 4, STONE MYERS BUSINESS PARK AND 52.709 ACRES OF AN UNPLATTED TRACT OF LAND 4 08/21/12 Mayor Tate declared the public hearing open. Planning and Development Manager Stombaugh stated that Zoning Application Z12-10, Conditional Use Application CU12-33 and Planned Development Overlay PD12-06 and the application for the final plat of Lots 1 and 2, Block 1, The Gatehouse in Grapevine being a replat of Lot 3, Block 4, Stone Myers Business Park and 52.709 acres of an unplatted tract of land had been filed by Lisa Rose (The Gatehouse in Grapevine)for property located at 670 Westport Parkway. The zoning application requests rezpning of 57.19 acres from"LI" Light Industrial District and "BP" Business Park District to "CC" Community Commercial District Regulations for the development of a women's shelter. The conditional use application requests a conditional use permit to allow a non-profit institution for a women's shelter and a planned development overlay to include but not be limited to deviation from allowing residential uses in the district and building separation (23 feet). The applicant intends to utilize 49.5 acres of the subject property for the development of a nonprofit, institutional women's shelter that will offer housing and a variety of counseling, training, and educational services to at-risk women and their children for up to a period of 30 months. Mr. Stombaugh stated this was a multi-phase project that will ultimately consist of housing for 96 families, multipurpose counseling centers, a welcome center, a storage warehouse and walking trails. The first phase will consist of six residential structures that will house 24 families, a counseling center,the welcome center and a storage warehouse. Ms. Lisa Rose, Mr. Bruce Benner, Mr. Matt Goodwin and Mr. Matt Rose requested favorable consideration of the application,addressed concerns relative to noise abatement, source of funding, and time frame for starting phase 1. Mayor Tate invited guests present to comment regarding the application. The Council and Commission had been copied the two letters of support, along with the response from the Dallas/Fort Worth International Airport. The following persons spoke in support of the request: Mr. Fred Joyce, Mary Stone Myers' representative, 2551 Stone Myers Parkway Mr. Tommy Davis, Pavestone, 3215 State Highway 360 Ms. Sue Franks, 412 East Wall Street Ms. Kelly Murray, 1906 Johnson Road, Keller Mr. Don McMinn, 2557 Stone Myers Parkway Commissioner Hotelling, seconded by Commissioner G. Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Wilson, Hotelling, G. Martin, Szot & E. Martin Nays: None Absent: Fry, Fechter & Tiggelaar Council Member Freed, seconded by Council Member Lease,offered a motion to close the public hearing. The motion prevailed by the following vote: 5 08/21/12 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 5. PUBLIC HEAR_ ING_,_ CONDITIONAL USE APPLICATION CU12-21 7 ELEVEN Mayor Tate declared the public hearing open. Planning and Development Manager Stombaugh stated that Conditional Use Application CU12-21 had been filed by 7-Eleven requesting a conditional use permit to amend the site plan approved by Ordinance No. 2012-10, as amended,for the possession, storage, retail sale and off-premise consumption of alcoholic beverages (beer and wine only) in conjunction with a convenience store. The subject property is located at 520 South Main Street #202 and is zoned "CBD" Central Business District. The applicant proposes to establish a 1,924 square foot convenience store on the subject site that would provide perishable and non-perishable food items, prepared food and other sundry items generally found in a small convenience store; current plans are for the store to be open 24 hours a day. The applicant has provided 41 parking spaces on site. Based on currently approved uses and projected spaces leased in the future, 82 parking spaces are required. Area public parking lots--the Foust lot,the lot west of Willhoite's,the Church Street and West Texas Street lot and the lot at Jenkins Street and East Worth Street offer parking in the immediate vicinity to accommodate the proposed use and future tenants of the remainder of the building. Mr. Brian Nebel, Mr. Tommy Bell and Mr. John Eiskamp requested favorable consideration of the application. They provided information on signage, and answered questions relative to delivery of goods, product selection and inventory, and hours of operation during City festivals. Mayor Tate invited guests present to comment regarding the application. The following persons spoke regarding the case: . Dan Weinberger, 2826 Cripple Creek Trail, offered his support for the application. . Chuck Bultman, 334 South Main Street, submitted a petition signed by downtown business representatives opposing the conditional use application. Mr. John Mayfield, 518 Azalea, spoke in opposition to a convenience store in the downtown. Mr. Eric Parker, 432 South Main Street, offered comments opposing the convenience store concept in the downtown. Mr. Nandu Madireddi, property owner, 520 South Main Street spoke in support of the conditional use application. The Council and Commission were copied on one letter of support and two letters of opposition. 6 08/21/12 Commissioner E. Martin, seconded by Commissioner Hotelling, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Wilson, Hotelling, G. Martin, Szot & E. Martin Nays: None Absent: Fry, Fechter& Tiggelaar Mayor Pro Tern Wilbanks, seconded by Council Member Coy,offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RECESS AND RECONVENE Mayor Tate announced that the City Council and the Planning&Zoning Commission would take a brief recess. All members of the Council and Commission that were present priorto the break reconvened in the Chambers to consider further business. ITEM 6. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU12-30 F. C. LEVRIER (ESPARZA'S) Mayor Tate declared the public hearing open. Planning and Development Manager Stombaugh stated that Conditional Use Application CU12-30 had been filed by F. C. LeVrier(Esparza's)requesting a conditional use permitto amend the site plan approved by Ordinance No. 2011-44 to convert the front porch into a full service bar area and include a retractable awning for the outside dining area. The subject property is located at 124 East Worth Street and is zoned "CBD"Central Business District. Mr. Stombaugh noted with this request, seating for the patio area will increase from 80 to 88 seats due to individual seats at the proposed bar on the modified front porch. The increase in seating will require an additional three parking spaces bringing the total required parking for the restaurant to 100 spaces. The applicant has provided 72 spaces on site; off-site parking includes the new City lot at the northeast corner of Jenkins and Worth Streets where there are approximately 106 spaces available in the immediate vicinity. Mr. F. C. LeVrier and Mr. Vincent Mendez requested favorable consideration of the application, clarified the awning would not contain side curtains and the type of construction materials, and Mr. Stephen Brown agreed to remove the bar expansion from consideration. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and one letter of support had been copied to the Council and Commission. 7 08/21/12 Commissioner Hotelling, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Wilson, Hotelling, G. Martin, Szot & E. Martin Nays: None Absent: Fry, Fechter& Tiggelaar Council Member Spencer, seconded by Council Member Stewart,offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 7. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU12-31 AND HISTORIC LANDMARK SUBDISTRICT HL12-05 LAZY BONES/CAMERON LUMBER BUILDING Mayor Tate declared the public hearing open. Planning and Development Manager Ron Stombaugh stated that Conditional Use Application CU12-31 and Historic Landmark Subdistrict HL12-05 had been filed by Adam Baker (Lazy Bones) for property located at 120 East Worth Street. The conditional use application requests a conditional use permit to amend the site plan approved by Ordinance No. 88-31, as amended,for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer,wine and mixed beverages)in conjunction with a restaurant and designation as a historic landmark subdistrict(Cameron Lumber Building). The subject property is zoned "CBD" Central Business District. Mr. Stombaugh noted the applicant proposes to construct a new 6,439 square foot restaurant(Lazy Bones)since the former building was destroyed in an April 2012 structure fire. Total seating for the restaurant will accommodate 180 patrons and require a total of 60 parking spaces. The applicant's parking plan illustrates the use of off-site parking; in addition to the nine on-site parking spaces provided,three public parking lots located at the northeast corner of South Main Street and Franklin Street, the northwest corner of Jenkins Street and East Worth Street, and a lot accessed from East TIPxas Street or Jenkins Street providing a total of 169 parking spaces. Mr. Adam Baker and Mr. Cody Hammock requested favorable consideration of the application. Questions from the City Council and Planning &Zoning Commission were in regards to the increase in building size, reduction of the on-site parking even though the increased building size required additional spaces and confirming the restaurant would have a fire sprinkler system. 8 08/21/12 Mayor Tate invited guests present to comment regarding the application. There was no correspondence to report and the following spoke in support of the application: Ms. Diane Cammarata, 405 Smith Street; Mr. Johnathan Powell, 601 North Park Boulevard #1003 and Mr. John Tatum, 820 East Dove Loop. Commissioner Szot, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Wilson, Hotelling, G. Martin, Szot & E. Martin Nays: None Absent: Fry, Fechter& Tiggelaar Mayor Pro Tem Wilbanks, seconded by Council Member Spencer, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Abstain: Freed 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 8. CITIZENS COMMENTS There were no Citizens Comments. ITEM 9. ORDINANCE, ABANDON NORTHERN PORTION, BANYAN DRIVE Public Works Director Stan Laster recommended approval of an ordinance abandoning the northern 25 feet of Banyan Drive right of way extending west for a distance of 135 feet from North Main Street and authorizing the City Manager to execute a Quit Claim Deed to the abutting property owner. Motion by Council Member Coy, seconded by Council Member Freed, to approve the ordinance as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2012-35 9 08/21/12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A PORTION OF BANYAN DRIVE RIGHT OF WAY IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE 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 10. Change October 2, 2012 Council Meeting Time and Cancel January 1 2013 Meeting City Secretary recommended approval of changing the time of the October 2, 2012 City Council meeting to 5:00 p.m. to allow the City Council to attend the neighborhood National Night Out functions and canceling the January 1, 2013 meeting due to the New Year holiday. Motion by Council Member Stewart, seconded by Mayor Pro Tern Wilbanks,to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 11. Resolution Declare Chairs as Surplus Property Administrative Services Director recommended approval of a resolution declaring 950 chairs from the Convention &Visitors Bureau as surplus property and authorizing the sale through public auction. Motion by Council Member Stewart, seconded by Mayor Pro.Tem Wilbanks,to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2012-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, DECLARING CERTAIN PROPERTY AS SURPLUS AND PROVIDING FOR THE AUTHORIZATION TO DISPOSE OF APPROXIMATELY 950 VICRO CHAIRS AT AUCTION AND PROVIDING AN EFFECTIVE DATE 10 08/21/12 Item 12. Resolution,Authorize Intedocal Cooperative Purchasing Agreement, City of Hurst Administrative Services Director recommended approval of a resolution authorizing an Interlocal Cooperative Purchasing Agreement with the City of Hurst, Texas for various goods and services commonly utilized by both entities. Motion by Council Member Stewart, seconded by Mayor Pro Tern Wilbanks,to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2012-69 A RESOLUTION OF THE CITY COUNCIL OF,THE CITY OF GRAPEVINE,TEXAS,AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO ENTER INTO A INTERLOCAL COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF HURST, TEXAS AND PROVIDING AN EFFECTIVE DATE Item 13. Consideration of Minutes City Secretary recommended approval of the minutes of the August 7, 2012 City Council meetings as published. Motion by Council Member Stewart, seconded by Mayor Pro Tem Wilbanks,to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RECESS AND RECONVENE Mayor Tate announced that the City Council would take a brief recess. Upon reconvening in the Council Chambers, all members of the City Council were present. ITEM 14. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z12-07 SCRIBNER STREET STORAGE Chairman Oliver reported the Planning & Zoning Commission voted 6-0 for denial of Zoning Application Z12-07 filed by Blake Architects (Scribner Street Storage) requesting rezoning of 3.44 acres from "R-MF-1" Multifamily District Regulations and "R-MF-2" Multifamily District Regulations to "CC" Community Commercial District Regulations for property located at 401 and 427 North Scribner Street. 11 08/21/12 Council Member Freed, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation for denial of the application. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 15. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU12-27 SCRIBNER STREET STORAGE Chairman Oliver reported the Planning & Zoning Commission voted 6-0 for denial of Conditional Use Application CU12-27 filed by Blake Architects (Scribner Street Storage) requesting a conditional use permit to allow for public storage garages with boat and RV storage. The subject property is located at 401 and 427 North Scribner Street and is zoned "CC" Community Commercial District Regulations. Council Member Freed, seconded by Council Member Coy, offered a motion to accept the Commission's recommendation for denial of the application. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 16. PLANNING & ZONING COMMISSION RECOMMENDATION PLANNED DEVELOPMENT OVERLAY PD12-05 SCRIBNER STREET STORAGE Chairman Oliver reported the Planning & Zoning Commission voted 6-0 for denial of Planned Development Overlay PD12-05 filed by Blake Architects(Scribner Street Storage) requesting a planned development overlay at 401 and 427 North Scribner Street. Council Member Freed, seconded by Council Member Coy, offered a motion to acceptthe Commission's recommendation for denial of the application. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 17. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1-R BLOCK 1 THE STOREHOUSE ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 6-0 for denial of the Statement of Findings and the final plat of Lot 1-R, Block 1,The Shorehouse Addition filed by Blake Architects (Scribner Street Storage). 12 08/21/12 Council Member Coy, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation for the denial of the Statement of Findings and the final plat of Lot 1-R, Block 1, The Storehouse Addition. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 18. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU12-25 AMERICAN SPORTSMAN SHOOTING CENTER Chairman Oliver reported the Planning & Zoning Commission voted 6-0 for approval of Conditional Use Application CU12-25 filed by American Sportsman Shooting Center granting a conditional use permit for an indoor shooting range. The subject property is located at 1960 Enchanted Way and is zoned "CC" Community Commercial 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 conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2012-36 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 CU12-25 FOR AN INDOOR SHOOTING RANGE IN A DISTRICT ZONED "CC" COMMUNITY COMMERICAL 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 HE 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 13 08/21/12 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 PRELIMINARY PLAT LOT 1, BLOCK 1. ASSC GRAPEVINE Chairman Oliver reported the Planning &Zoning Commission voted 6-0 for approval of the Statement of Findings and the preliminary plat of Lot 1, Block 1, ASSC Grapevine being platted for the development of an indoor shooting center. The subject property is located at 1960 Enchanted Way and is zoned "CC" Community Commercial District Regulations. Council Member Stewart, seconded by Mayor Pro Tern Wilbanks, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the preliminary plat of Lot 1, Block 1, ASSC Grapevine. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 20. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1. BLOCK 1. ASSC GRAPEVINE Chairman Oliver reported the Planning&Zoning Commission voted 6-0 for approval of the Statement of Findings and the final plat of Lot 1, Block 1', ASSC Grapevine for the development of an indoor shooting center. The 3.462 acre tract is located at 1960 Enchanted Way and is zoned "CC" Community Commercial District Regulations. Council Member Lease, seconded by Council Member Coy, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 1, Block 1, ASSC Grapevine. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 21. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z12-08 JULIA TIJERINA Chairman Oliver reported the Planning & Zoning Commission voted 6-0 for approval of Zoning Application Z12-08 filed by Julia Tijerina granting rezoning of 0.908 acres from"GU" Governmental Use District to "HC" Highway Commercial District for the development of retail and office buildings. The subject property is located at 736 East Northwest Highway. Council Member Coy, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation and approve the ordinance granting the rezoning. The motion prevailed by the following vote: 1 08/21/12 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2012-37 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 Z12-08 ON ATRACT OF LAND OUT OF THE ARCHIBALD F. LEONARD SURVEY, ABSTRACT NO. 946, 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 "GU" GOVERNMENTAL USE DISTRICT TO "HC" HIGHWAY COMMERCIAL DISTRICT; 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 22. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z12-10 THE GATEHOUSE IN GRAPEVINE Chairman Oliver reported the Planning & Zoning Commission voted 6-0 for approval of Zoning Application Z12-10 filed by Lisa Rose (The Gatehouse in Grapevine) granting the rezoning of 57.19 acres from "LI" Light Industrial District and "BP" Business Park Districtto "CC" Community Commercial District Regulations. The subject property is located at 670 Westport Parkway and is being rezoned for the development of a women's shelter. Council Member Freed, seconded by Council Member Coy, 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, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2012-38 15 08/21/12 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 Z12-10 ON A TRACT OF LAND OUT OF THE JAMES CATE SURVEY,ABSTRACT NO. 315 AND THE C. CLANTON SURVEY, ABSTRACT NO. 354, 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 "LI" LIGHT INDUSTRIAL DISTRICT AND "BP" BUSINESS PARK DISTRICT TO "CC" COMMUNITY COMMERCIAL 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 PENALTYOF 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 23. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU12-33 THE GATEHOUSE IN GRAPEVINE Chairman Oliver reported the Planning & Zoning Commission voted 6-0 for approval of Conditional Use Application CU12-33 filed by Lisa Rose (The Gatehouse in Grapevine) granting a conditional use permit to allow a non-profit institution for a women's shelter in a district zoned "CC" Community Commercial District Regulations. The subject property is located at 670 Westport Parkway. Council Member Stewart, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2012-39 16 08/21/12 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 CU12-33 FOR A NONPROFIT INSTITUTION SPECIFICALLYTO BE UTILIZED AS A WOMEN'S SHELTER IN A DISTRICT. ZONED "CC" COMMUNITY COMMERICAL 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 24. PLANNING & ZONING COMMISSION RECOMMENDATION PLANNED DEVELOPMENT OVERLAY PD12-06 THE GATEHOUSE IN GRAPEVINE Chairman Oliver reported the Planning & Zoning Commission voted 6-0 for approval of Planned Development Overlay PD12-06 filed by Lisa Rose (The Gatehouse in Grapevine) granting a planned development overlay to include but not be limited to deviation from allowing residential uses in the district and building separation. The subject property is located at 670 Westport Parkway and is zoned "CC" Community Commercial District Regulations. Council Member Freed, seconded by Council Member Coy, offered a motion to accept the Commission's recommendation and approve the ordinance granting the planned development overlay. The motion prevailed by the following-vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2012-40 17 08/21/12 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 PD12-06 TO INCLUDE BUT NOT BE LIMITED TO DEVIATION FROM ALLOWING RESIDENTIAL USES IN THE DISTRICT AND BUILDING SEPARATION, IN THE "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 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 25. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1 AND 2 BLOCK 1 THE GATEHOUSE IN GRAPEVINE Chairman Oliver reported the Planning&Zoning Commission voted 6-0 for approval of the Statement of Findings and the final plat of Lots 1 and 2, Block 1, The Gatehouse in Grapevine and is being platted for the development of a women's shelter. The subject property is located at the northeast corner of Stone Myers Parkway and Westport Parkway and is zoned "CC" Community Commercial District Regulations. Council Member Stewart, seconded by Mayor Pro Tem Wiibanks, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and final plat of Lots 1 and 2, Block 1, The Gatehouse in Grapevine. The motion prevailed by the following vote: Ayes; Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 26. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU12-21 7-ELEVEN 18 08/21/12 Chairman Oliver reported the Planning & Zoning Commission voted 6-0 to table Conditional Use Application CU12-21 to the September 18, 2012 meeting. Council Member Coy, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation to table the item to September 18, 2012. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 27. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU12-30 ESPARZA'S Chairman Oliver reported the Planning & Zoning Commission voted 5-1 for denial of Conditional Use Application CU12-30 filed by F. C. LeVrier (Esparza's) requesting a conditional use permit to amend the site plan approved by Ordinance No. 2011-44 to convert the front porch into a full service bar area and include a retractable awning for the outside dining area. The subject property is located at 124 East Worth Street and is zoned "CBD" Central Business District. Council Member Coy, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation for denial of the application. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: Freed ITEM 28. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU12-31 LAZY BONES Chairman Oliver reported the Planning & Zoning Commission voted 6-0 to table Conditional Use Application CU 12-31 to the September 18, 2012 meeting. Council Member Spencer, seconded by Council Member Coy, offered a motion to accept the Commission's recommendation to table the item to the September 18, 2012 meeting. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Abstain: Freed ITEM 29. PLANNING & ZONING COMMISSION RECOMMENDATION HISTORIC LANDMARK SUBDISTRICT HL12-05 LAZY BONES/CAMERON LUMBER BUILDING 19 08/21/12 Chairman Oliver reported the Planning & Zoning Commission voted 6-0 to table Historic Landmark Subdistrict HL12-05 to the September 18, 2012 meeting. Council Member Spencer, seconded by Council Member Coy, offered a motion to accept the Commission's recommendation to table the item to the September 18, 2012 meeting. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Abstain: Freed ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Coy, offered a motion to adjourn the meeting at 11:08 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 4th day of September, 2012. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks Assistant City Secretary 20