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HomeMy WebLinkAboutItem 06 - MinutesSTATE 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 21 st day of January, 2003 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 Ted R. Ware Sharron Spencer C. Shane Wilbanks Clydene Johnson Roy Stewart Darlene Freed Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Council Member constituting a quorum, with the following members of the City Staff: Roger Nelson City Manager Bruno Rumbelow Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Melisa Leal Assistant to the City Manager CALL TO ORDER Mayor Tate called the meeting to order at 7:10 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding: (A) conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate and expand in the City; with which businesses the City is conducting economic development negotiations under Section 551.087, Texas Government Code. Upon reconvening in open session in the Council Chambers, Mayor Tate asked if there was any action necessary relative to the closed session. City Manager Roger Nelson stated there was no action necessary relative to the closed session under Section 551.071, 551.087, Texas Government Code. NOTE: City Council continued with the Regular City Council meeting in open session in the Council Chambers. 01/21/03 ADJOURNMENT Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to adjourn the meeting at 8:40 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 4th day of February, 2003. ATTEST: Linda Huff City Secretary N 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 21 st day of January, 2003 at 7:30 p.m. in the City Council Chambers, Second Floor, 200 South Main Street, with the following members of the City Council present to -wit: William D. Tate Ted R. Ware Sharron Spencer C. Shane Wilbanks Clydene Johnson Roy Stewart Darlene Freed Mayor Mayor Pro Tern Council Member Council Member Council Member Council Member Council Member constituting a quorum, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Herbert Fry Vice Chairman Chris Coy Member Kevin Busbee Member Danette Murray Member Betty Nicholson Member Rob Undersander Member Michael Crapp Alternate Becky St. John Alternate constituting a quorum, with the following members of the City Staff: Roger Nelson City Manager Bruno Rumbelow Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Melisa Leal Assistant to the City Manager Mayor Tate called the meeting to order at 7:38 p.m. INVOCATION Commissioner Murray delivered the Invocation. 01/21/03 ITEM 1. PUBLIC HEARING CONDITIONAL USE APPLICATION CU02-47 AUTUMN LEAVES ��� FINAL PLAT LOTS 1R1, 1R2 AND 1R3, BLOCK 1 SOUTHWEST GRAPEVINE COMMERCIAL PARK REPLAT OF LOT 1R, BLOCK 1 SOUTHWEST GRAPEVINE COMMERCIAL PARK Mayor Tate declared the public hearing continued that was opened at the November 19 and December 17, 2002 meetings. Planner Ron Stombaugh reported Autumn Leaves had filed the applications for Conditional Use Application CU02-47 and the final plat of Lots 1 R1, 1 R2 and 1 R3, Block 1, Southwest Grapevine Commercial Park being a replat of Lot 1 R, Block 1, Southwest Grapevine Commercial Park. The conditional use application requested a conditional use permit for the development of the first phase of a 42 -bed personal care facility. The subject property is located at the southwest corner of Mustang Drive and Southwest Grapevine Parkway and is zoned "CC" Community Commercial District Regulations. The item was tabled at the November 19 and December 17, 2002 meetings at the applicant's request to address both the City Council and Dallas/Fort Worth Airport Staff's concerns relative to sound attenuation. Mr. Stombaugh stated that as part of the ordinance associated with the conditional use, the applicant has agreed to dedicate on the plat and by separate instrument an avigation easement; building permits will not be issued unless the plans have been approved and sealed by a professional or acoustical engineer certifying that the building shall include sound treatment to achieve at least 25 dB Noise Level Reduction; and that no certificate of occupancy shall be issued unless a professional or acoustical engineer certifies that the building has been constructed in accordance with the 25 dB Noise Level Reduction. Mr. Melvin Warren requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Busbee, seconded by Commissioner Nicholson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Busbee, Murray, Nicholson & Undersander Nays: None Council Member Spencer, 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 2 01/21/03 ITEM 2. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU02-56 RIVERWALK APARTMENTS Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU02-56 had been filed by Riverwalk Apartments requesting a conditional use permit for development of a 600 -unit apartment complex with reduced building separation and three-story building height. The first phase will consist of 310 units and the second phase the remaining 290 units. The subject property is located at 3900 Grapevine Mills Parkway and is zoned "R -MF -1" Multifamily District Regulations. Mr. Stombaugh advised that as part of the original rezoning of the property, the applicant had submitted voluntary deed restrictions to demonstrate to the Council his intent to develop a project that meets or exceeds the standards he has set for the type of project in the immediate vicinity. He advised that the site plan also serves as a Tree Preservation permit. Mr. Jerry Stone requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Nicholson, seconded by Commissioner Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Busbee, Murray, Nicholson & Undersander Nays: None Mayor Pro Tern 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 ITEM 3. PUBLIC HEARING, ZONING APPLICATION Z02-09 MERITAGE ADDITION Mayor Tate declared the public hearing open. Planner Stombaugh reported Zoning Application Z02-09 had been filed by the Meritage Addition requesting rezoning of approximately 3.2 acres located at 1050 West Glade Road from "R-7.5" Single Family District Regulations to "R-5.0" Zero Lot Line District Regulations. The applicant proposes to develop 11 single family lots and has agreed to deed restrict the property to the concept plan submitted with a minimum size lot of 7,500 square feet. The proposed development has a density of 4.6 dwelling units per acre. 3 01/21/03 Mr. Kerry Cook 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. Mr. Stephen Mattingley, 4900 Haversham Drive, stated he was not opposed to the proposed development, but questioned what would happen if the property is rezoned and the current applicant did not acquire the property. Mayor Tate advised that if the rezoning were approved, there were deed restrictions submitted with the zoning case. City Secretary Huff reported the Council and Commission had been copied the four letters of protest regarding the rezoning. Commissioner Fry, seconded by Commissioner Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Busbee, Murray, Nicholson & Undersander Nays: None 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 ITEM 4. PUBLIC HEARING, ZONING APPLICATION Z02-10 CROSS CREEK RETAIL Mayor Tate declared the public hearing open. Planner Stombaugh reported Zoning Application Z02-10 had been filed by Cross Creek Retail requesting rezoning of approximately 31 acres located at the southwest corner of F. M. 2499 and the Grapevine/Flower Mound city limit line from "PID" Planned Industrial Development District to "CC" Community Commercial District Regulations. The applicant has requested to table the case to the February 18, 2003 meeting for refinements to the concept plan. Commissioner Undersander, seconded by Commissioner Coy, offered a motion to table the public hearing to the February 18, 2003 meeting. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Busbee, Murray, Nicholson & Undersander Nays: None Council Member Stewart, seconded by Council Member Johnson, offered a motion to table C! 01/21/03 the public hearing to the February 18, 2003 meeting. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Mayor Tate advised there would not be any additional notice to adjacent property owners. ITEM 5. PUBLIC HEARING, FINAL PLAT LOTS 8-R, 9-R AND 10-R, BLOCK 1, CREEKWOOD ESTATES, REPLAT OF LOT 8, 9, AND 10, BLOCK 1, CREEKWOOD ESTATES AND A PORTION OF LOTS 4 AND 5, BLOCK 1, TWIN CREEK COVE FINAL PLAT OF LOTS 4-R AND 5-R, BLOCK 1, TWIN CREEK COVE, REPLAT OF LOTS 4 AND 5, BLOCK 1, TWIN CREEK COVE Mayor Tate declared the public hearing open. Senior Civil Engineer Scott Dyer advised Brittain & Crawford Land Surveying had filed applications for the final plat of Lots 8-R, 9-R and 10-R, Block 1, Creekwood Estates being a replat of Lot 8, 9, and 10, Block 1, Creekwood Estates and a portion of Lots 4 and 5, Block 1, Twin Creek Cove and the final plat of Lots 4-R and 5-R, Block 1, Twin Creek Cove being a replat of Lots 4 and 5, Block 1, Twin Creek Cove. The 1.789 acre properties are located north of Creekwood Drive North and south of Timberline Drive on Twin Creek Cove. The subject properties are zoned "R-7.5" Single Family Residential District and are being replatted to reflect property exchange between lots due to the Creek 23/17 improvements. 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 Busbee, seconded by Commissioner Nicholson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Busbee, Murray, Nicholson & Undersander Nays: None Council Member Wilbanks, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 6. PUBLIC HEARING, FINAL PLAT LOT 1-R, BLOCK 2, FELLOWSHIP OF LAS COLINAS, REPLAT OF 121 CORPORATE COURT AND LOT 1, BLOCK 2, 5 01/21/03 FELLOWSHIP OF LAS COLINAS Mayor Tate declared the public hearing open. Senior Civil Engineer Dyer advised Fellowship of Las Colinas had filed the application for the final plat of Lot 1-R, Block 2, Fellowship of Las Colinas being a replat of 121 Corporate Court and Lot 1, Block 2, Fellowship of Las Colinas. The 3.88 acre property is located at 2450 North State Highway 121 and is zoned "CC" Community Commercial District Regulations. The property is being platted for development of a parking lot. There were no questions from the City Council or the Planning & Zoning Commission Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Coy, seconded by Commissioner Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Busbee, Murray, Nicholson & Undersander Nays: None Council Member Freed, seconded by Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Abstain: Spencer ITEM 7. PUBLIC HEARING, AMENDMENTS APPENDIX D COMPREHENSIVE ZONING ORDINANCE NO. 82-73, AS AMENDED SECTION 25 "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS AND SECTION 29 "HCO" HOTEL/CORPORATE OFFICE DISTRICT REGULATIONS Mayor Tate declared the public hearing open. Planner Stombaugh reviewed the proposed amendments to the Grapevine Code of Ordinances, Appendix D, the Comprehensive Zoning Ordinance, No. 82-73, as amended, Section 25 "CC" Community Commercial District Regulations and Section 29 "HCO" Hotel/Corporate Office District relative to allowing wineries as a conditional use in the two districts. 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. R 01/21/03 Commissioner Murray, seconded by Commissioner Fry, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Busbee, Murray, Nicholson & Undersander Nays: None Council Member Stewart, 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 ITEM 8. PUBLIC HEARING, AMENDMENTS FUTURE LAND USE MAP 2 Mayor Tate declared the public hearing open. Planner Stombaugh stated the proposed amendments to the City of Grapevine Future Land Use Map 2 will bring land use designations into compliance with zoning changes since 1992. Staff recommended the map be amended to correspond with the zoning that is currently in place. 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 Busbee, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Busbee, Murray, Nicholson & Undersander Nays: None Council Member Johnson, 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 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. 9 01/21/03 0111) ITEM 8A. CITIZEN COMMENTS, MR. GUY MCCRACKEN Mr. Guy McCracken, 3030 Hillcrest, requested that when considering the fee schedules for leased Corps property the Council consider honoring the Life Time Golden Age passports purchased by seniors (62+) and the Golden Access passports issued to fully disabled individuals for the Federally owned recreational land around Lake Grapevine. ITEM 9. PUBLIC HEARING_, 29TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Mayor Tate declared the public hearing open. Assistant Director of Public Works/Engineering Stan Laster reviewed the proposed 29th Year Community Development Block Grant (CDBG) Program that consists of the reconstruction of Worth Street between Smith Street and Dooley Street. The City proposes to contribute funds in the amount not to exceed $22,405.00 for the project. The improvements will contribute to the upgrade of the area by providing an improved roadway surface for Worth Street and improved storm drainage. Mr. Laster advised Citizen Participation Questionnaires were available at the meeting Mayor Tate invited guests present to comment regarding the proposed project. No one wished to speak and there was no correspondence to report. Council Member Wilbanks, seconded by Council Member Stewart, 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 Council Member Spencer, seconded by Mayor Pro Tem Ware, offered a motion to approve the 29th Year Community Development Block Grant Program in accordance with Staff's recommendation. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 10. GRAPEVINE GOLF ACADEMY Administrative Services Director Bill Gaither reviewed the proposal to establish the Grapevine Golf Academy (Academy) as an opportunity to promote the newly expanded and renovated golf course and to increase play and income at the course, while offering an excellent opportunity for more people to learn and enjoy the game. The program would be a division of the Grapevine Golf Course and would be managed by a contract employee who would work for the Director of Golf. The Academy represents an opportunity to offer a new service in Grapevine, as well as showcase the 27 holes of first class golf and the 01/21/03 practice facility which can accommodate all levels of golfers. The extra nine holes would be available for special programs such as on -course play by academy participants, family and couples twilight play, league play, walkups and overflow play from the regular 18 holes. Mr. Gaither advised that if the Academy is as successful as Staff believes it will be, it will become entirely self-supporting from participants fees and that funds from the FY2003 Budget in the amount of $37,580 would be needed for the start up year only. He stated that if the program was not self supporting, it would be eliminated. Council commended the Golf Course Staff for the proposal to market and promote the use of the Grapevine Golf Course. Motion by Council Member Freed, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 11. FEE SCHEDULE, LEASED CORPS OF ENGINEER PROPERTY, LAKE GRAPEVINE Parks & Recreation Director Doug Evans reviewed the proposed fee schedule relating to the use of boat ramps, Silver Lake Campground and other City -leased Corps of Engineers areas at Lake Grapevine. City Staff inspected the condition of the facilities on the 770 acres of leased Corps property and prepared a maintenance plan. The Corps agreed to furnish supplies and materials to bring the facilities up to safety and health standards as agreed upon with City Staff. Staff also evaluated the expenditures necessary to fund the repairs and support the operations and maintenance of the Corps leased parkland and determined additional revenue is needed to fund the repairs, operations and maintenance of the area. Mr. Evans presented the recommended fees and noted the increases would generate funds to "break even" in the operation and maintenance of the leased property. He also advised that the Corps has agreed to extend the six-month lease on the property from April 1, 2003 for an additional six months. The Council Sub -Committee comprised of Mayor Pro Tem Ware, Council Member Wilbanks and Council Member Spencer supported the Staff's recommended fee schedule as follows: Boat ramps - $5 per launch $35 annual pass — residents $75 annual pass — non-residents Camping Fee $16 per day — under 62 $13 per day — age 62 and over and handicapped Park Entrance Fee $3 per vehicle plus $1 per person (Daily Fee) not including the driver Discussion ensued that the Golden Age Pass is a federal pass for persons 62 and over that receive 50% off the regular camping fee at federal campgrounds. It was stated there M 01/21/03 are no records to indicate where the campground visitors are from and that the City's tax dollars should not be used to fund a federal program Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to adopt the fee schedule as presented. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None CONSENT AGENDA The next order of business for the City Council was to consider the consent agenda items, which were deemed to need little or no discussion and were acted upon as one business item. Mayor Tate asked if there was any member of the audience or the City Council who wished to remove an item from the consent agenda for full discussion. There were none. Item 12. Award Construction Contract, State Highway 360 Waterline Construction Proiect, E. M. Construction Public Works Director recommended award of a construction contract in the amount of $163,750.70 for the State Highway 360 Waterline Construction Project to E. M. Construction and authorization for Staff to execute said contract. Motion by Council Member Stewart, 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. Resolution, Setting Population Development Services Director recommended approval of a resolution setting the population at 45,524 as of December 31, 2002. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2003-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING OFFICIAL THE FINDING AND DETERMINATION AS TO THE POPULATION AND NUMBER OF INHABITANTS OF AND WITHIN THE CITY OF GRAPEVINE, TEXAS, AS OF DECEMBER 31, 2002 AND 10 01/21/03 PROVIDING AN EFFECTIVE DATE Item 14. Ordinance Amend Code of Ordinances, Chapter 20 and Appendix E City Secretary recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 20 Streets, Sidewalks and Other Public Ways and Appendix E Construction Standards to correct clerical errors. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2003-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 20 STREETS, SIDEWALKS, AND OTHER PUBLIC WAYS, SECTION 20-13.1 SIGNS ON RIGHTS-OF-WAY; AND APPENDIX E CONSTRUCTION STANDARDS; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Item 15. Renew Interlocal Agreement, Metroport Teen Court Program Administrative Services Director recommended renewal of an Interlocal Agreement with the cities of Colleyville and Southlake for the Metroport Teen Court Program. Motion by Council Member Stewart, 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 16. Award Bid 142-2002 Automotive Lubricants Annual Contract Public Works Director recommended award of Bid 142-2002 Automotive Lubricants Annual Contract to the lowest and best bidders meeting specifications: KnightCo Oil Company, primary supplier, and Jessie P. Taylor, secondary supplier. it 01/21/03 Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: I Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 17. Award Bid 74-2001 Annual Tree Contract Parks & Recreation Director recommended award of Bid 74-2001 Annual Tree Contract to the lowest and best bidder meeting specifications, Unique Landscaping. Motion by Council Member Stewart, 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 18. Purchase Golf Carts Administrative Services Director recommended approval of the purchase of golf carts from the lowest and best bidder meeting specifications, Club Car Corporation, in the amount of $200,550.00. Motion by Council Member Stewart, 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 19. Consideration of Minutes City Secretary recommended approval of the minutes of the January 7, 2003 City Council meetings as published. Motion by Council Member Stewart, 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 20. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU02-47 AUTUMN LEAVES Chairman Larry Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU02-47 filed by Autumn Leaves granting a conditional use permit for development of a personal care facility on property located at the southwest iK 01/21/03 corner of Mustang Drive and Southwest Grapevine Parkway. Council Member Johnson, 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. 2003-04 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 CU02-47 TO ALLOW THE DEVELOPMENT OF A PERSONAL CARE FACILITY 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 FINAL PLAT LOTS 1R1, 1R2 AND 1R3, BLOCK 1, SOUTHWEST GRAPEVINE COMMERCIAL PARK Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 1 R1, 1 R2 and 1 R3, Block 1, Southwest Grapevine Commercial Park. The 7.773 acre property is located on the southeast corner of Heritage Avenue and Mustang Drive. The property is being platted for commercial development. Council Member Freed, seconded by Council Member Johnson, offered a motion to accept 13 01/21/03 the Commission's recommendation and approve the Statement of Findings and the final plat of Lots 1 R1, 1 R2 and 1 R3, Block 1, Southwest Grapevine Commercial Park. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 22. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU02-56 RIVERWALK APARTMENTS Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU02-56 with the condition that Staff review the concept plans relative to the open space area before reclamation begins including engineering plans to insure it complies with the basic concept plan presented with the zone change. The application was filed by Riverwalk Apartments for property located at 3900 Grapevine Mills Parkway. Council Member Spencer, seconded by Council Member Wilbanks, offered a motion to accept the Commission's recommendation with the stipulation 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. 2003-05 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 CU02-56 TO ALLOW THE ESTABLISHMENT OF A 600 -UNIT APARTMENT COMPLEX WITH REDUCED BUILDING SEPARATION AND THREE-STORY BUILDING HEIGHT IN A DISTRICT ZONED "R -MF -1" MULTIFAMILY 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 14 01/21/03 ($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 23. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT LOT 1 BLOCK 1, RIVERWALK ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the preliminary plat of Lot 1, Block 1, Riverwalk Addition. The 81.56 acre property is located north of Denton Creek and east of FM 2499 and is being platted for development of an apartment complex. Council Member Stewart, seconded by Council Member Wilbanks, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the preliminary plat of Lot 1, Block 1, Riverwalk Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 24. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1 BLOCK 1, RIVERWALK ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1, Block 1, Riverwalk Addition located north of Denton Creek and east of FM 2499. The 81.56 acre property is being platted for the development of an apartment complex. Council Member Wilbanks, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 1, Block 1, Riverwalk Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 25. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z02-09 MERITAGE ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Zoning Application Z02-09 filed by Meritage Addition granting rezoning of approximately 3.2 acres located at 1050 West Glade Road from "R-7.5" Single Family District Regulations to "R-5.0" Zero Lot Line District Regulations. Mayor Pro Tem Ware, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance granting the rezoning. The 15 01/21/03 motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2003-06 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 Z02-09 ON A TRACT OF LAND OUT OF THE J. DOSS SURVEY, ABSTRACT NO. 440, 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-7.5" SINGLE FAMILY DISTRICT REGULATIONS TO "R-5.0" ZERO LOT -LINE 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 26. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 8-R, 9-R AND 10-R BLOCK 1 CREEKWOOD ESTATES Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 8-R, 9-R and 10-R, Block 1, Creekwood Estates located north of Creekwood Drive North. The 0.755 acre property is being platted to move the property line due to the relocation of Creek 23/17. 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 8-R, 9-R and 10-R, Block 1, Creekwood Estates. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed 16 01/21/03 Nays: None ITEM 27. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 4-R AND 5-R BLOCK 1 TWIN CREEK COVE Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 4-R and 5-R, Block 1, Twin Creek Cove located south of Timberline Drive on Twin Creek Cove. The 1.034 acre property is being platted to move the property line due to relocation of Creek 23/17. Council Member Johnson, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lots 4-R and 5-R, Block 1, Twin Creek Cove. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 28. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1-R BLOCK 2 FELLOWSHIP OF LAS COLINAS Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1-R, Block 2, Fellowship of Las Colinas located on the southeast corner of State Highway 121 and Fellowship Way. The 3.88 acre property is being platted for the addition of a parking lot to an existing building. Council Member Stewart, 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-R, Block 2, Fellowship of Las Colinas. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Abstain: Spencer ITEM 29. PLANNING & ZONING COMMISSION RECOMMENDATION AMEND APPENDIX D SECTION 25 "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS AND SECTION 29 "HCO" HOTEUCORPORATE OFFICE DISTRICT Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the amendments to the Grapevine Code of Ordinances, Appendix D, the Comprehensive Zoning Ordinance, No. 82-73, as amended, Section 25 "CC" Community Commercial District Regulations and Section 29 "HCO" Hotel/Corporate Office District to allow wineries as a conditional use. 17 01/21/03 Council Member Johnson, seconded by Mayor Pro Tem Ware, offered a motion to accept u' the Commission's recommendation and approve the ordinance. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2003-07 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CODE OF ORDINANCES OF THE CITY OF GRAPEVINE, TEXAS, BY PROVIDING FOR AMENDMENTS AND CHANGES TO ZONING REGULATIONS BY AMENDING SECTION "25" COMMUNITY COMMERCIAL DISTRICT REGULATIONS AND SECTION "29" HOTEL/CORPORATE OFFICE DISTRICT; 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; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 30. PLANNING & ZONING COMMISSION RECOMMENDATION AMEND FUTURE LAND USE MAP 2 Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the amendments to the City of Grapevine Future Land Use Map 2 to bring land use designations into compliance with recent zoning changes. Council Member Freed, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2003-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE NO. 87-11 WHICH ADOPTED THE COMPREHENSIVE MASTER PLAN 1974-1994 UPDATE 1987 OF THE CITY OF GRAPEVINE, TEXAS ADOPTING AN AMENDMENT TO MAP 2 LAND USE 01 01/21/03 PLAN OF THE COMPREHENSIVE MASTER PLAN UPDATE 1987 OF THE CITY OF GRAPEVINE, TEXAS; PROVIDING A SEVERABLITY CLAUSE AND PROVIDING AN EFFECTIVE DATE VITONOINNENNANIN Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to adjourn the meeting at 8:40 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 4th day of February, 2003. ATTEST: Linda Huff City Secretary [K William D. Tate Mayor