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HomeMy WebLinkAbout1995-02-21 Joint Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL JOINT CITY COUNCIL & PLANNING & ZONING COMMISSION MEETING WORKSHOP TUESDAY, FEBRUARY 21 , 1995 AT 7:00 P.M. TRAINING ROOM #104 307 WEST DALLAS ROAD ' CALL TO ORDER 1 . City Council and Planning & Zoning Commission to conduct a workshop relative to the proposed land use designations for the Northwest Quadrant Land Use Study. ADJOURNMENT IF YOU PLAN TO ATTEND THIS PUBLIC MEETING AND YOU HAVE A DISABILITY THAT REQUIRES SPECIAL ARRANGEMENTS AT THE MEETING, PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT (817) 481-0392 AT LEAST 24 HOURS IN ADVANCE OF THE MEETING. REASONABLE ACCOMMODATIONS WILL BE MADE TO ASSIST YOUR NEEDS. IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551 .001 et seq, ACTS OF THE 1993 TEXAS LEGISLATURE, THE SPECIAL CITY COUNCIL AND PLANNING & ZONING COMMISSION MEETING WORKSHOP AGENDA WAS PREPARED AND POSTED ON THIS THE 17TH DAY OF FEBRUARY, 1995 AT : 5:00 P.M. Lin Huff City Secretary 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 Special Workshop Session on this the 21 st day of February, 1995 at 7:00 p.m. in Training Room #104, 307 West Dallas Road, with the following members ' present to-wit: William D. Tate Mayor Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member C. Shane Wilbanks Council Member Gil Traverse Council Member Jerry L. Pittman Council Member � Will Wickman Council Member constituting a quorum with the following members of the Planning & Zoning Commission: Ron Cook Chairman Larry Oliver Vice Chairman Cathy Martin Member Curtis Young Member , Steve Stamos Member Marvin Balvin Member Kathy Martinez Member Steve Newby 1 st Alternate Kristin Antilla 2nd Alternate constituting a quorum, with the following members of the City Staff: Trent Petty City Manager Roger Nelson Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary David Tesmer Assistant to City Manager CALL TO ORDER Mayor Tate called the meeting to order at 7:10 p.m. 02/21/95 ITEM 1 . WORKSHOP, PROPOSED LAND USE, NORTHWEST QUADRANT � Development Services Director Hardy reviewed the current land use and the proposed land use designations of the Northwest Quadrant that was annexed into the City in November, 1993. It was determined by the Planning & Zoning Commission after thorough review that Grapevine's exiting land use categories would not be suitable ' with the existing development and infrastructure in the annexed area. Mr. Hardy reported the Commission recommended creating a new commercial land use category called Recreation/Amusement, so that only particular types of land uses would be permitted. He briefly reviewed the land uses that are being recommended by the ' Planning & Zoning Commission and requested the City Council and the Planning & Zoning Commission conduct a public hearing for March 21 , 1995 regarding the proposed Land Use Study. He noted that property owners had been included in the land use discussions and that the people were more concerned about when public services (water and sewer) would be available in the area than in the proposed land uses. There was no discussion from the City Council or the Planning & Zoning Commission. It was the consensus of the City Council and the Planning & Zoning Commission to schedule a public hearing for March 21 , 1995 relative to the proposed Land Use Study. ADJOURNMENT Commissioner Oliver, seconded by Commissioner Balvin, offered a motion to adjourn the meeting at 7:20 p.m. The motion prevailed by the following vote: Ayes: Cook, Oliver, Martin, Young, Stamos, Balvin & Martinez Nays: None Council Member Wickman, seconded by Council Member Wilbanks, offered a motion to adjourn the meeting at 7:20 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 7th day of March , 1995. 2 02/21/95 APPROVED: William D. Tate Mayor ATTEST: in Huff City Secretary 3 AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, FEBRUARY 21 , 1995 AT 6:30 P.M. CONFERENCE ROOM #204 307 WEST DALLAS ROAD CALL TO ORDER EXECUTIVE SESSION 1 . City Council to conduct a closed session relative to: A. Pending or contemplated litigation (relative to the Dallas/Fort Worth International Airport Board's decision relative to proposed Runway 16/34 West) under Section 551 .071 , Texas Government Code. B. Real property relative to land acquisition for City Hall and property adjacent to waste water treatment plant under Section 551 .072, Texas Government Code. ' City Council to reconvene in open session and take any necessary action relative to pending or contemplated litigation and real property under Sections 551 .071 and 551 .072, Texas Government Code. ADJOURNMENT IF YOU PLAN TO ATTEND THIS PUBLIC MEETING AND YOU HAVE A DISABILITY THAT REQUIRES SPECIAL ARRANGEMENTS AT THE MEETING, PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT (817) 481-0392 AT LEAST 24 HOURS IN ADVANCE OF THE MEETING. REASONABLE ACCOMMODATIONS WILL BE MADE TO ASSIST YOUR NEEDS. IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551 .001 et seq, ACTS OF THE 1993 TEXAS LEGISLATURE, THE SPECIAL CITY COUNCIL MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 17TH DAY OF FEBRUARY, 1995 AT 5:00 P.M. < ind Huff City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Special Session on this the 21 st day of February, 1995 at 6:30 p.m. in Conference Room #204, 307 West Dallas Road, with the following members present to-wit: ' William D. Tate Mayor Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member C. Shane Wilbanks Council Member Gil Traverse Council Member Jerry L. Pittman Council Member Will Wickman Council Member constituting a quorum, with the following members of the City Staff: Trent Petty City Manager Roger Nelson Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary David Tesmer Assistant to City Manager CALL TO ORDER Mayor Pro Tem Ware called the meeting to order at 6:40 p.m. ITEM 1 . EXECUTIVE SESSION Mayor Pro Tem Ware announced the City Council would conduct a closed session regarding (A) pending or contemplated litigation relative to Dallas/Fort Worth International Airport Board's decision relative to proposed Runway 16/34 West and (B) real property relative to land acquisition for (1) City Hall and (2) property adjacent to waste water treatment plant under Sections 551 .071 and 551 .072, Texas Government Code. NOTE: Mayor Tate arrived during the Executive Session. 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 Trent Petty stated there was no action necessary relative to (A) pending or contemplated litigation relative to Dallas/Fort Worth International Airport Board's decision relative to proposed Runway 16/34 West and (B) (1) real property relative to land acquisition for City Hall under Sections 551 .071 and 551 .072, Texas Government Code. 02/21/95 Regarding (B) real property relative to acquisition of property adjacent to waste water treatment plant, City Manager Petty requested authorization to purchase Lot 31 , Block E, Brookhollow Estates in the amount of $5,000.00. Mayor Pro Tem Ware, seconded by Council Member Wickman, offered a motion to authorize the City Manager to purchase the lot adjacent to the waste water treatment plant as recommended. The motion prevailed by the following: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None NOTE: City Council continued with the Regular City Council meeting. ADJOURNMENT Council Member Spencer, seconded by Council Member Wilbanks, offered a motion to adjourn the meeting at 8:40 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 7th day of March , 1995. APPROVED: �_ � William D. Tate Mayor ATTEST: Li a Huff City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL & PLANNING & ZONING COMMISSION MEETING TUESDAY, FEBRUARY 21 , 1995 AT 7:30 P.M. COUNCIL CHAMBERS - MUNICIPAL COURT ROOM #205 307 WEST DALLAS ROAD CALL TO ORDER INVOCATION: Commissioner Curtis Young PRESENTATION 1 . United States Sailing Association representative to present Mayor Tate an award on behalf of the Grapevine Parks & Recreation Department for receiving national recognition for "Day Camp for Young Sailors" as the outstanding new ' sailing program of 1994. 2. Mayor Tate to present a proclamation honoring Independent Order of Odd Fellows (I.O.O.F.) for 100 years in Grapevine. JOINT PUBLIC HEARINGS 3. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU95-01 submitted by Mr. Ron McFarland for Hansom Hank's requesting a waiver to specific requirements of Section 47E.2 pursuant to Section 47F of Ordinance No. 82-73, as amended, and requesting a conditional use permit to amend a site plan approved by Ordinance No. 94-89 to allow a 20 foot pole sign, gasoline sales, car wash and the possession, storage, retail sales, and off-premise consumption of alcoholic beverages (beer and wine only) in conjunction with the operation of a convenience store. The property is located at 5351 William D. Tate Avenue and is zoned "CC" Community Commercial District Regulations with a conditional use permit for gasoline sales, car wash and possession, storage, retail sales, and off-premise consumption of alcoholic beverages (beer and wine only). 4. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU95-02 submitted by Deli Management, Inc. for Jason's Deli requesting a waiver to specific requirements of Section 47E.2 pursuant to Section 47F of Ordinance No. 82-73, as amended, and requesting a conditional use permit to amend a site plan approved by Ordinance No. 94-100 to allow the possession, storage, retail sales and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with the operation of an existing restaurant. The property is located at 1270 William D. Tate Avenue and is zoned "CC" Community Commercial District Regulations with a conditional use permit for a planned commercial center. 5. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU95-03 submitted by Mr. Herb Goodman for La Madeleine French Bakery & Cafe requesting a waiver to specific requirements of Section 47E.2 pursuant to Section 47F of Ordinance No. 82-73, as amended, and requesting a conditional use permit to amend a site plan approved by Ordinance No. 94-102 to remodel an existing building for the possession, storage, retail sales and on-premise consumption of alcoholic beverages (beer, wine, and mixed beverages) in conjunction with the operation - of a restaurant. The property is located at 900 State Highway 1 14 West and is zoned "HC" Highway Commercial District Regulations with a conditional use permit for a planned commercial center designation. 6. City Council and Planning & Zoning Commission to conduct a public hearing relative to proposed amendments to the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance No. 82-73, as amended, Section 12 Definitions relative to planned business park; Section 25 "CC" Community Commercial District Regulations relative to floor area ratio; creation of Section 30 Recreation/Amusement District; Section 31 "LI" Light Industrial District Regulations relative to proposed use amendments; Creation of Section 32 Business Park District; Section 58 Parking and Loading Area Standards relative to paving requirements for outside storage; and Section 60 Sign Standards relative to regulations in the new Sections 30 and 32. END OF JOINT PUBLIC HEARINGS Planning & Zoning Commission to recess to Conference Room #204 to consider published agenda items. City Council to remain in session in the Council Chambers to consider published business. ADJOURNMENT IF YOU PLAN TO ATTEND THIS PUBLIC MEETING AND YOU HAVE A DISABIUTY THAT REQUIRES SPECIAL ARRANGEMENTS AT THE MEETING, PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT (817) 481-0392 AT LEAST 24 HOURS IN ADVANCE OF THE MEETING. REASONABLE ACCOMMODATIONS WILL BE MADE TO ASSIST YOUR NEEDS. IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551 .001 et seq, ACTS OF THE 1993 TEXAS LEGISLATURE, THE REGULAR JOINT CITY COUNCIL AND PLANNING & ZONING COMMISSION MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 17TH DAY OF FEBRUARY, 1995 AT 5:00 P.M. Lind Huff City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, FEBRUARY 21 , 1995 AT 7:30 P.M. COUNCIL CHAMBERS - MUNICIPAL COURT ROOM #205 307 WEST DALLAS ROAD CITIZENS COMMENTS PRESENTATION 7. Presentation by Weaver & Tidwell regarding the Comprehensive Annual Financial Report (CAFR) for Fiscal Year 1993-1994 (FY94) and take any necessary action. PUBLIC HEARING 8. Conduct a public hearing relative to solid waste service and take any necessary action. CONSENT AGENDA Consent items are deemed to need little Council deliberation and will be acted upon as one business item. Any member of the City Council or member of the audience may request that an item be withdrawn from the consent agenda and placed before the City Council for full discussion. Approval of the consent agenda authorizes the City Manager, or his designee, to implement each item in accordance with Staff recommendations. 9. Consider an accounting order relating to rates submitted by Paragon Cable on October 26, 1994. Internal Services Director recommends approval. 10. Consider modifications to the planned State Highway 121 grade separated crossings in northeast Grapevine, authorization for Staff to forward a letter to TxDOT requesting that these grade separated crossing modifications be considered by the State in developing their final plans. Public Works Director recommends approval. 1 1 . Consider funding for the City's participation in the design of improvements to be incorporated into the FM 2499 project to maintain southbound access from FM 2499 to Bethel Road, authorization for Staff to forward payment to Denton County. Public Works Director recommends approval. 12. Consider a resolution setting the City of Grapevine's population at 32,700 as of December 31 , 1994. Development Services Director recommends approval. 13. Consider renewal of Bid 94-500 Tree Maintenance Contract to Asplundh Tree Expert Company to continue contract pricing for tree maintenance. Staff recommends approval. 14. Consider award of Bid 95-591 Park Herbicide Application Contract to the lowest and best bidder meeting specifications, Plant and Soil Solutions, Inc. Staff recommends approval. 15. Consider award of Bid 95-590 Horticultural Chemical Supply Contract to the lowest and best bidders meeting specifications: B & G Chemicals & Equipment Co., Inc.; B.W.I.; Estes, Inc.; Foreman's; Greensmith's, Inc.; Helena Chemical Co.; Justin Seed Co., Inc.; LESCO, Inc.; Red River Specialties, Inc.; Scott's, Co.; Terra International, Inc.; Turf Industries, Inc; Van Waters & Rogers, Inc. ' and Wilbur-Ellis Co. Staff recommends approval. 16. Consider Change Orders No. 3 and 4 to Golf Course Renovation Contract between the City of Grapevine and Russell Anderson Construction. Internal Services Director recommends approval. 17. Consider approval of the minutes of the February 7, 1995 City Council meeting. City Secretary recommends approval as published. PURSUANT TO THE TEXAS OPEN MEETINGS ACTS, TEXAS GOVERNMENT CODE, CHAPTER 551 .001 et seq, ONE OR MORE OF THE ABOVE ITEMS MAY BE CONSIDERED IN EXECUTIVE SESSION CLOSED TO THE PUBLIC. ANY DECISION HELD ON SUCH MATTER WILL BE TAKEN OR CONDUCTED IN OPEN SESSION FOLLOWING THE CONCLUSION OF THE EXECUTIVE SESSION. PLANNING & ZONING COMMISSION RECOMMENDATIONS 18. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU95-01 (Hansom Hank's) and a subsequent ordinance, if applicable. 19. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU95-02 (Jason's Deli) and a subsequent ordinance, if applicable. 20. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU95-03 (La Madeleine's) and a subsequent ordinance, if applicable. 21 . Consider the recommendation of the Planning & Zoning Commission relative to ' proposed amendments to Appendix D, Comprehensive Zoning Ordinance No. 82-73, Section 12, Section 25, creation of Section 30, Section 31 , , creation of Section 32, Section 58, Section 60 and a subsequent ordinance, if applicable. MISCELLANEOUS REPORTS AND/OR DISCUSSION ADJOURNMENT IF YOU PLAN TO ATTEND THIS PUBLIC MEETING AND YOU HAVE A DISABILITY THAT REQUIRES SPECIAL ARRANGEMENTS AT THE MEETING, PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT (817) 481-0392 AT LEAST 24 HOURS IN ADVANCE OF THE MEETING. REASONABLE ACCOMMODATIONS WILL BE MADE TO ASSIST YOUR NEEDS. IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551 .001 et seq, ACTS OF THE 1993 TEXAS LEGISLATURE, THE REGULAR CITY COUNCIL MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 17TH DAY OF FEBRUARY, 1995 AT 5:00 P.M. ' Lin Huff City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, FEBRUARY 21 , 1995 AT 7:30 P.M. CONFERENCE ROOM #204 307 WEST DALLAS ROAD NEW BUSINESS 1 . Consider Conditional Use Application CU95-01 (Hansom Hank's) and make a recommendation to the City Council. 2. Consider Conditional Use Application CU95-02 (Jason's Deli) and make a recommendation to the City Council. 3. Consider Conditional Use Application CU95-03 (La Madeleine's) and make a recommendation to the City Council. 4. Consider proposed amendments to Appendix D, Comprehensive Zoning Ordinance No. 82-73, as amended, Section 12, Section 25, creation of Section 30, Section 31, creation of Section 32, Section 58, Section 60 and make a recommendation to the City Council. 5. Discuss amendments to Section 54 Masonry Requirements relative to the new Section 30 Recreation/Amusement District and Section 32 Business Park District and take any necessary action. 6. Discuss regulating gas and oil well production and drilling and take any necessary action. CONSIDERATION OF MINUTES 7. Consider the minutes of the January 17 and 31 , 1995 Planning & Zoning Commission meetings and take any necessary action. MISCELLANEOUS REPORTS AND/OR DISCUSSION ADJOURNMENT IF YOU PLAN TO ATTEND THIS PUBLIC MEETING AND YOU HAVE A DISABILITY THAT REQUIRES SPECIAL ARRANGEMENTS AT THE MEETING, PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT (817) 481-0392 AT LEAST 24 HOURS IN ADVANCE OF THE MEETING. REASONABLE ACCOMMODATIONS WILL BE MADE TO ASSIST YOUR NEEDS. IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551 .001 et seq, ACTS OF THE 1993 TEXAS LEGISLATURE, THE REGULAR PLANNING & ZONING COMMISSION MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 17TH DAY OF FEBRUARY, 1995 AT 5:00 P.M. Lind Huff City Secretary 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 February, 1995 at 7:30 p.m. in the Council Chambers, Municipal Court Room #205, 307 West Dallas Road, with the following members of the City Council present to-wit: William D. Tate Mayor Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member C. Shane Wilbanks Council Member Gil Traverse Council Member Jerry L. Pittman Council Member Will Wickman Council Member constituting a quorum, with the following members of the Planning & Zoning Commission: Ron Cook Chairman Larry Oliver Vice Chairman Cathy Martin Member Curtis Young Member Steve Stamos Member Marvin Balvin Member Kathy Martinez Member Stephen Newby 1 st Alternate Kristin Antilla 2nd Alternate constituting a quorum, with the following members of the City Staff: ' Trent Petty City Manager Roger Nelson Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary David Tesmer Assistant to City Manager CALL TO ORDER Mayor Tate called the meeting to order at 7:30 p.m. INVOCATION ' Commissioner Young delivered the Invocation. 02/21/95 : ITEM 1 . PRESENTATION, UNITED STATES SAILING ASSOCIATION AWARD • Mr. Stanley Hinson, representing the United States Sailing Association and President of the Grapevine Community Sailing Education Fund, reviewed a slide presentation regarding the Grapevine Parks & Recreation Department's "Day Camp for Young Sailors." He then presented Mayor Tate and Parks & Recreation Director pouglas Evans with an award honoring the Grapevine Parks & Recreation Department for receiving national recognition for "Day Camp for Young Sailors" as the outstanding new sailing program of 1994. Mayor Tate then presented Mr. Hinson with a Certificate of Appreciation for outstanding support and volunteer efforts in the successful development and implementation of the "Day Camp for Young Sailors" program. ITEM 2. PROCLAMATION, HONORING 100 YEARS OF INDEPENDENT ORDER OF ODD FELLOWS Mayor Tate presented a proclamation to Mr. Herbert Huber, representing the Independent Order of Odd Fellows (I.O.O.F.), in recognition of their 100 years in the City of Grapevine. The I.O.O.F. is a multi-national fraternal order of inen and women seeking to improve and elevate the character of mankind under the law of universal . brotherhood, and the City of Grapevine wished to express thanks to those pioneers of a century past who founded this fellowship in Grapevine. i ITEM 3. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU95-01 , HANSOM HANK'S Mayor Tate declared the public hearing open. Development Services Director H. T. Hardy advised Conditional Use Application CU95-01 had been filed by Mr. Ron McFarland for Hansom Hank's requesting a waiver to specific requirements of Section 47E.2 pursuant to Section 47F of Ordinance No. 82-73, as amended, and requesting a conditional use permit to amend a site plan approved by Ordinance No. 94-89 to allow a 20 foot pole sign, gasoline sales, car wash and the possession, storage, retail sale and off-premise consumption of alcoholic beverages (beer and wine only) in conjunction with the operation of a ' convenience store. The property is located at 5352 William D. Tate Avenue and is zoned "CC" Community Commercial District Regulations with a conditional use permit for gasoline sales, car wash and the possession, storage, retail sale and off-premise consumption of alcoholic beverages (beer and wine only). Mr. Hardy advised the : applicant is proposing a convenience store and car wash containing 4,560 square � feet, with the car wash to be located at the north end of the store. He stated there are 14 parking spaces required and 24 are being provided. He also noted the proposed 20 foot pole sign has 35% changeable copy. 2 02/21/95 Mr. Ron McFarland was available for questions from the City Council and the Planning & Zoning Commission. There were none. Mayor Tate invited guests present to comment regarding the conditional use application. No one wished to speak and there was no correspondence to report. Commissioner Stamos, seconded by Commissioner Young, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Cook, Oliver, Martin, Young, Stamos, Balvin & Martinez Nays: None Council Member Pittman, 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, Traverse, Pittman & Wickman Nays: None ITEM 4. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU95-02, JASON'S DELI Mayor Tate declared the public hearing open. Development Services Director H. T. Hardy advised Conditional Use Application CU95-02 had been filed by Deli Management, Inc. for Jason's Deli requesting a waiver to specific requirements of Section 47E.2 pursuant to Section 47F of Ordinance No. 82-73, as amended, and requesting a conditional use permit to amend a site plan approved by Ordinance No. 94-100 to allow the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with the operation of an existing restaurant (Jason's Deli). The property is located at 1270 William D. Tate Avenue and is zoned "CC" Community Commercial District Regulations with a conditional use permit for a planned commercial center. The applicant's representative requested favorable consideration of the application from the City Council and the Planning & Zoning Commission. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the conditional use application. No one wished to speak and there was no correspondence to report. Commissioner Martin, seconded by Commissioner Young, offered a motion to close the public hearing. The motion prevailed by the following vote: 3 02/21/95 Ayes: Cook, Oliver, Martin, Young, Stamos, Balvin & Martinez Nays: None Council Member Traverse, seconded by Mayor Pro Tem Ware, offered a motion to close the public hearing. The motion prevailed by the following vote: ' Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None ITEM 5. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU95-03, LA MADELEINE FRENCH BAKERY & CAFE Mayor Tate declared the public hearing open. Development Services Director H. T. Hardy advised Conditional Use Application CU95-05 had been filed by Mr. Herb Goodman for La Madeleine French Bakery & Cafe requesting a waiver to specific requirements of Section 47E.2 pursuant to Section 47F of Ordinance no. 82-73, as amended, and requesting a conditional use permit to amend a site plan approved by Ordinance No. 94-102 to remodel an existing building for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with the operation of a restaurant. The property is located at 900 State Highway 114 West and is zoned "HC" Highway Commercial District Regulations with a conditional use permit for a ; planned commercial center designation. Mr. Hardy advised the proposed amendments do not change the size of the 5,402 square foot building but include a new floor plan layout of the restaurant and architectural modifications to the building to attain the La Madeleine "trade mark" look. The lot currently meets the City's parking requirements and contains 54 parking spaces with 6 parking spaces designated on the Waffle House property. Mr. Herb Goodman requested favorable consideration of the conditional use application from the City Council and the Planning & Zoning Commission. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the conditional use application. No one wished to speak and there was no correspondence to report. Commissioner Balvin, seconded by Commissioner Stamos , offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Cook, Oliver, Martin, Young, Stamos, Balvin & Martinez Nays: None 4 02/21/95 Council Member Traverse, seconded by Mayor Pro Tem Ware, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None ITEM 6. PUBLIC HEARING, PROPOSED AMENDMENTS APPENDIX D, SECTION 12 DEFINITIONS, SECTION 25 "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS, CREATE SECTION 30 "RA" RECREATION/AMUSEMENT DISTRICT, SECTION 31 "LI" LIGHT INDUSTRIAL DISTRICT REGULATIONS, CREATE SECTION 32 "BP" BUSINESS PARK DISTRICT SECTION 58 PARKING AND LOADING AREA STANDARDS AND SECTION 60 SIGN STANDARDS Mayor Tate declared the public hearing open. Development Services Director H. T. Hardy reviewed the proposed amendments to the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance No. 82-73, as amended, as follows: Section 12 Definitions relative to planned business park; Section 25 "CC" Community Commercial District Regulations relative to floor area ratio by eliminating the conflict between the height limitation and the fixed floor area ratio; creation of Section 30 "RA" Recreation/Amusement District to incorporate a variety of commercial recreation and amusement users that would be amenable to the residential area; Section 31 "LI" Light Industrial District Regulations relative to proposed outside storage and uses; creation of Section 32 "BP" Business Park District to allow a mixture of compatible commercial and industrial land uses with a limitation of associated outside uses; Section 58 Parking and Loading Area , Standards relative to paving requirements for outside storage; and Section 60 Sign � Standards relative to regulations for the new Sections 30 and 32. There were no questions from the City Council or the Planning & Zoning Commission. Brief discussion ensued relative to the minimum lot sizes allowed in the "LI" Light Industrial and "BP" Business Park Districts. Council Member Pittman requested the Commission review the proposed amendments to increase the minimum lot size. Mayor Tate invited guests present to comment regarding the proposed amendments to Appendix "D". No one wished to speak and there was no correspondence to report. Commissioner Martin, seconded by Commissioner Young, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Cook, Oliver, Martin, Young, Stamos, Balvin & Martinez Nays: None 5 02/21/95 Mayor Pro Tem Ware, seconded by Council Member Traverse, offered a motion to � close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None RECESS AND RECONVENE Mayor Tate announced the Planning & Zoning Commission would recess to Conference Room #204 to consider published business. : The City Council remained in session in the Council Chambers to consider published business. ITEM 7. AUDIT REPORT, FISCAL YEAR 1993-1994 IFY94) Finance Director Larry Koonce introduced Mr. Jerry Gaither, Partner with Weaver & Tidwell, who presented the firm's findings and recommendations relating to the audit of the City's Comprehensive Annual Financial Report for Fiscal Year 1993-1994 as prepared by City Staff. Mr. Gaither reported that the financial statements of the City of Grapevine present fairly the financial position of the City. The opinion rendered is an "unqualified opinion" meaning that there were no material exceptions found to the fairness criteria under which the records were compared. He also stated that the City had received the Government Finance Officers Association award of excellence for the past 1 1 years and that he expects this report to also receive the award. Mayor Pro Tem Ware, seconded by Council Member Spencer, offered a motion to , accept the audit report for Fiscal Year 1993-1994. The motion prevailed by the , following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None ITEM 8. PUBLIC HEARING, SOLID WASTE SERVICES Mayor Tate declared the public hearing open. ' City Manager Petty stated that at the last meeting, City Council had requested a public hearing to gather input concerning solid waste services in Grapevine. He reported that Staff and the Utility Committee had thoroughly reviewed the proposals submitted by three potential vendors: Browning-Ferris Industries, (BFI), Laidlaw Waste Systems, Inc. and Waste Management of Fort Worth. The Utility Committee charged the City Manager with pursuing the best overall proposal. Laidlaw's responses to the 6 02/21/95 proposed services provided Grapevine's solid waste customers with the best range of services. Mayor Tate invited guests present to comment regarding the solid waster services. Ms. Colleen Butterfield, 1538 Country Forest Court, questioned whether the proposed contracts address disposal of yard waste. Mr. Petty responded that the proposals do not address yard waste disposal, but that a majority of citizens voluntarily comply with not bagging yard waste. It was noted that if yard waste collection was not allowed, dumping could occur elsewhere in our City. Mr. Roland Johnson, 310 Pebblebrook, representing LULAC, questioned the status of the discrimination complaint filed against Laidlaw. Mr. Richard Davis, of Laidlaw, stated that after a thorough investigation of the complaint there would not be any action taken against Laidlaw as they had followed all rules and procedures in the termination of the individual. Mr. Norm Bulaich, of Waste Management of Fort Worth, addressed the City Council regarding their proposal submitted to the City. He commented that his company was the low bidder for residential services and that they were not advised that the quality of the City's sludge would allow it to be used as cover. He stated that after reviewing the City's sludge report in February, Waste Management submitted an altered bid for the removal of sludge. After questioning by Mayor Pro Tem Ware, Mr. Bulaich responded that the cost for removal of the City's sludge had been incorporated into the commercial rates. Mr. Bulaich requested favorable consideration of Waste Management's solid waste services for the City. Mr. Richard Davis, of Laidlaw, stated that all potential bidders had been informed by � the City in September 1994 of the quality of the City's sludge. He requested favorable consideration of Laidlaw's solid waste services for the City. Ms. Randy Smith, of BFI, stated that all three vendors were reputable companies and each one offered varied services to the City of Grapevine. She commented that BFI currently has a compost facility in operation in Lewisville for disposal of yard waste. Ms. Smith requested favorable consideration of BFI's solid waste services for the City. City Secretary Huff reported there was no correspondence relative to the public hearing. Council Member Pittman, seconded by Mayor Pro Tem Ware, offered a motion to close the public hearing. The motion prevailed by the following vote: ' Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None 7 02/21/95 City Manager Petty stated that after thorough review of all three proposals and with • the level of services being offered, i.e. recycling issues and services requested by the Utility Committee, Laidlaw continues to have the lowest cost and most extensive offering of services of all three companies. He requested the City Council authorize him to negotiate a contract with Laidlaw and call a public hearing with the understanding that the City Manager has the ability, through working with the Utility Committee, to address additional issues with Laidlaw. Council Member Pittman stated that the Utility Committee concurs with the recommendation of the City Manager. Council Member Wilbanks, seconded by Council Member Traverse, offered a motion to authorize the City Manager to enter into negotiations with Laidlaw for solid waste disposal services. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman 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. Mayor Pro Tem Ware removed Item 16 Change Orders No. 3 and 4 Golf Course Renovation. These items were discussed after Item 21 . Item 9. Resolution, Accounting Order, Paragon Cable Internal Services Director recommended the City Council adopt a resolution enacting an Accounting Order relative to rates submitted by Paragon Cable on October 26, 1994. Council Member Wilbanks, seconded by Council Member Wickman, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None RESOLUTION NO. 95-04 A RESOLUTION OF THE CITY COUNCIL OF THE : CITY OF GRAPEVINE, TEXAS DIRECTING THAT THE PROPOSED SCHEDULE OF RATES 8 02/21/95 SUBMITTED BY PARAGON CABLE BE ALLOWED TO BECOME EFFECTIVE 120 DAYS FROM SUBMISSION SUBJECT TO REFUND AND REDUCTION; DIRECTING PARAGON CABLE TO KEEP AN ACCOUNT OF ALL AMOUNTS RECEIVED BY REASON OF PROPOSED RATES; DIRECTING THE CITY SECRETARY TO NOTIFY PARAGON CABLE; AND PROVIDING AN EFFECTIVE DATE Item 10. Approve State Highway 121 Grade Separated Crossings/Thoroughfare Network Northeast Grapevine Public Works Director recommended approval of modifications to the planned State Highway 121 grade separated crossings in northeast Grapevine, authorization for Staff to forward a letter to TxDOT requesting that these grade separated crossing modifications be considered by the State in developing their final plans. Council Member Wilbanks, seconded by Council Member Wickman, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None Item 1 1 . Participation Farm-to-Market 2499/State Hiqhway 26 Ramp Design Cost Public Works Director recommended approval of funding for the City's participation ' in the design of improvements to be incorporated into the Farm-to-Market (FM) 2499 project to maintain southbound access from FM 2499 to Bethel Road, authorization for Staff to forward payment in the amount of 56,476.00 to Denton County. Council Member Wilbanks, seconded by Council Member Wickman, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None Item 12. Resolution, 1994 Population Development Services Director recommended approval of a resolution setting the City of Grapevine's population at 32,700 as of December 31 , 1994. 9 02/21/95 Council Member Wilbanks, seconded by Council Member Wickman, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None RESOLUTION NO. 95-05 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 , 1994 Item 13. Renew Bid 94-500 Tree Maintenance Contract Staff recommended renewal of Bid 94-500 Tree Maintenance Contract to Asplundh Tree Expert Company to continue contract pricing for tree maintenance. Council Member Wilbanks, seconded by Council Member Wickman, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None Item 14. Award Bid 95-591 Park Herbicide Application Contract Staff recommended award of Bid 95-591 Park Herbicide Application Contract to the lowest and best bidder meeting specifications, Plant and Soil Solutions, Inc. Council Member Wilbanks, seconded by Council Member Wickman, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None Item 15. Award Bid 95-590 Horticultural Chemical Supply Contract Staff recommended award of Bid 95-590 Horticultural Chemical Supply Contract to the lowest and best bidders meeting specifications: B & G Chemicals & Equipment Co., Inc. for Items 7 and 16; B.W.I. for Items 21 , 23, 27 and 29; Estes, Inc. for Items 50, 51 and 53; Foreman's for Items 15, 22, 26, 33, 34 and 39; Greensmith's, Inc. 10 02/21/95 for Items 24 and 25; Helena Chemical Co. for Item 2; Justin Seed Co., Inc. for Item 10; LESCO, Inc. for Items 9, 37 and 40; Red River Specialties, Inc. for Item 49; Scott's Co. for Items 20, 46 and 52; Terra International, Inc. for Items 3, 5, 12, 14, 17, 30, 42, 44, 47 and 48; Turf Industries, Inc. for Items 18, 19, 28, 36 and 45; Van Waters & Rogers, Inc. for Item 31 ; and Wilbur-Ellis Co. for Items 1 , 4, 6, 8, 1 1 , 13, 32, 35, 41 and 43. Council Member Wilbanks, seconded by Council Member Wickman, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None Item 16. Change Orders No. 3 and 4, Grapevine Golf Course Renovation This item was voted after Item 17 due to an abstention. Internal Services Director recommended approval of Change Orders No. 3 and 4 to the Grapevine Golf Course Renovation Contract between the City of Grapevine and Russell Anderson Construction in the amount of $13,544.27. Council Member Wilbanks, seconded by Council Member Wickman, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes : Tate, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays : None Abstain : Ware Item 17. Consideration of Minutes City Secretary recommended approval of the minutes of the February 7, 1995 City Council meetings as published. Council Member Wilbanks, seconded by Council Member Wickman, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None The following items were discussed after Item 8. 11 02/21/95 ITEM 18. PLANNING & ZONING COMMISSION RECOMMENDATION - CONDITIONAL USE APPLICATION CU95-01 , HANSOM HANK'S Development Services Director H. T. Hardy reported the Commission voted 7-0 to approve Conditional Use Application CU95-01 filed by Hansom Hank's granting a waiver to specific requirements of Section 47E.2 pursuant to Section 47F of Ordinance No. 82-73, as amended, and granting a conditional use permit to amend a site plan approved by Ordinance No. 94-89 to allow a 20 foot pole sign, gasoline sales, car wash and the possession, storage, retail sale, and off-premise consumption of alcoholic beverages (beer and wine only) in conjunction with the operation of a convenience store on property located at 5351 William D. Tate Avenue. Mayor Pro Tem Ware, seconded by Council Member Pittman, offered a motion to accept the Commission's recommendation and adopt the ordinance granting the waiver and approving the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None ' ORDINANCE NO. 95-09 ' 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: (1) GRANTING A WAIVER TO SPECIFIC REQUIREMENTS OF SECTION 47E.2 ' PURSUANT TO SECTION 47F OF ORDINANCE NO. 82-73; (2) GRANTING CONDITIONAL USE PERMIT CU95-01 FOR AN AMENDMENT TO THE SITE PLAN APPROVED BY ORDINANCE NO. 94-89 TO ALLOW A POLE SIGN WITH MORE THAN 30 PERCENT (30%) CHANGEABLE - COPY, GASOLINE SALES, A CAR WASH AND THE POSSESSION, STORAGE, RETAIL SALE AND OFF-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER AND WINE ONLY) IN CONJUNCTION WITH AN ENLARGED CONVENIENCE STORE IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS WITH A CONDITIONAL USE PERMIT FOR GASOLINE SALES, A CAR WASH AND THE POSSESSION, STORAGE, RETAIL 12 02/21/95 SALE AND OFF-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER AND WINE ONLY) IN CONJUNCTION WITH A CONVENIENCE STORE ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE N0. 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 (52,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 19. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU95-02, JASON'S DELI Development Services Director reported the Commission voted 7-0 to approve Conditional Use Application CU95-02 filed by Jason's Deli granting a waiver to specific requirements of Section 47E.2 pursuant to Section 47F of Ordinance No. 82-73, as amended, and granting a conditional use permit to amend a site plan approved by Ordinance No. 94-100 to allow the possession, storage, retail sales, and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with the operation of an existing restaurant located at 1270 William D. Tate Avenue. Council Member Traverse, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation and adopt the ordinance granting the waiver and approving the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None � 3 02/21/95 ORDINANCE NO. 95-10 - 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: (1) GRANTING A WAIVER TO SPECIFIC REQUIREMENTS OF SECTION 47E.2 PURSUANT TO SECTION 47F OF ORDINANCE N0. 82-73; (2) GRANTING CONDITIONAL USE PERMIT CU95-02 FOR AN AMENDMENT TO THE SITE PLAN APPROVED BY ORDINANCE N0. 94-100 TO ALLOW THE POSSESSION, STORAGE, RETAIL SALE AND ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES ' (BEER, WINE AND MIXED BEVERAGES) IN CONJUNCTION WITH THE OPERATION OF A RESTAURANT IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS WITH A CONDITIONAL USE FOR - A PLANNED COMMERCIAL CENTER 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 (52,000.00) 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 14 02/21/95 ITEM 20. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU95-03, LA MADELEINE FRENCH BAKERY & CAFE Development Services Director Hardy reported the Commission voted 7-0 to approve Conditional Use Application CU95-03 submitted by La Madeleine French Bakery & Cafe granting a waiver to specific requirements of Section 47E.2 pursuant to section 47F of Ordinance No. 82-73, as amended, and granting a conditional use permit to amend a site plan approved by Ordinance No. 94-102 to remodel an existing building for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine, and mixed beverages) in conjunction with the operation of a restaurant located at 900 State Highway 1 14. Mayor Pro Tem Ware, seconded by Council Member Pittman, offered a motion to accept the Commission's recommendation and adopt the ordinance granting the waiver and approving the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None ORDINANCE NO. 95-11 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE N0 . 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY � CODE, BY: (1) GRANTING A WAIVER TO SPECIFIC REQUIREMENTS OF SECTION 47E.2 PURSUANT TO SECTION 47F OF ORDINANCE N0. 82-73; (2) GRANTING CONDITIONAL USE PERMIT CU95-03 FOR AN AMENDMENT TO THE SITE PLAN APPROVED BY ORDINANCE N0. 94-102 TO REMODEL THE EXISTING BUILDINGS FLOOR PLAN AND EXTERIOR BUILDING ELEVATIONS AND TO ALLOW THE POSSESSION, STORAGE, RETAIL SALE AND ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) IN CONJUNCTION WITH THE OPERATION OF A RESTAURANT IN A DISTRICT ZONED "HC" HIGHWAY COMMERCIAL DISTRICT REGULATIONS WITH A CONDITIONAL USE FOR A PLANNED 15 02/21/95 COMMERCIAL CENTER, A FORTY FOOT POLE - SIGN AND THE POSSESSION, STORAGE, RETAIL SALE AND ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES, 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 (52,000.00) 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 21. ; ITEM 2Q. PLANNING & ZONING COMMISSION RECOMMENDATION AMEND APPENDIX D, COMPREHENSIVE ZONING ORDINANCE, SECTION 12, SECTION 25, CREATE SECTION 30, SECTION 31 , � CREATE SECTION 32, SECTION 58, AND SECTION 60 Development Services Director Hardy reported the Commission voted 7-0 to approve the proposed amendments to Appendix D, Comprehensive Zoning Ordinance No. 82-73, as amended, Sections 12 Definitions relative to planned business park; Section 25 "CC" Community Commercial District Regulations relative to floor area ratio; creation of Section 30 "RA" Recreation/Amusement District; Section 31 "LI" Light Industrial District Regulations relative to proposed use amendments; creation of Section 32 "BP" Business Park District; Section 58 Parking and Loading Area Standards relative to paving requirements of outside storage; and Section 60 Sign Standards relative to regulations in the new Sections 30 and 32. Mr. Hardy reported the Commission determined to leave the minimum lot requirements in the "LI and "BP" districts as recommended. Council Member Spencer, seconded by Mayor Pro Tem Ware, offered a motion to I accept the Commission's recommendation and adopt the ordinance approving the amendments to Appendix D. The motion prevailed by the following vote: 16 02/21/95 Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None ORDINANCE N0. 95-12 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 12, DEFINITIONS; SECTION 25, "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS; SECTION 31 , "LI" LIGHT INDUSTRIAL DISTRICT REGULATIONS; � SECTION 58, PARKING AND LOADING AREA STANDARDS AND SECTION 60, SIGN STANDARDS; AND BY THE CREATION OF SECTION 30, "RA" RECREATION/AMUSEMENT DISTRICT REGULATIONS AND THE CREATION OF SECTION 32, "BP" BUSINESS PARK DISTRICT REGULATIONS; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS IS2,000.00) 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 ADJOURNMENT Council Member Spencer, seconded by Council Member Wickman, offered a motion to adjourn the meeting at 8:40 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman i Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 7th day of March , 1995. 17 02/21/95 APPROVED: -r � William D. Tate Mayor ATTEST: in Huff City Secretary 18