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HomeMy WebLinkAbout1989-11-21The Planning and Zoning Commission of the City of Grapevine, Texas, met in Special Workshop Session on this the 21st Day of November, 1989, at 7:00 PM in the Conference Room, #204, 307 West Dallas Road, with the following Commissioners present, to wit: Ron Cook Chairman Larry Oliver Vice Chairman Larry v Atchley Member Ervin Meyer Member Robert Hinson Member Don Frieden Member constituting a quorum, with Cathy Martin absent and the following members of the City Staff: H. T. (Tonvy) Hardy Marcy Ratcliff Greg Wheeler Joy Carroll Adrienne Leonard Larry Frassinelli Robert Price Director of Community Development Planner Assistant Building Official Planning/Administrative Aide Assistant City Attorney Senior Civil Engineer Technical Review Engineer CAIS, TO ORDER Chairman Ron Cook called the meting to order at 7 PM. A � R-403NZ444101A — -- - - THEREOF: SECTION 12, DEFINITIONS; SECTION 28, "GU", GOVERNMENTAL USE DISTRICT: SECTION 40, "DEW", DALLAS/FORT WORTH INTERNATIONAL AIRPORT DISTRICT; SECTION 47, SITE PLAN REVIEW; AND SECTION 48, CONDITIONAL USES The Planning and Zoning Commission was to discuss proposed amendments to Grapevine Comprehensive Zoning Ordinance 82-73 as stated above to gain clarification relative to changes made to same between the previous November 6, 1989, workshop and this date. Director of Community Development H.T. (T )Hardy reviewed changes made to the amendments following the November 6, 1989, workshop meting. A brief deliberation session ensued relative to entities' avenues to seek waivers from the site plan requirements of Section 38, "GU", Governmental Use Zoning District requirements. Staff advised that recommendations would be made by staff in conjunction with affected conditional use requests as to any proposed waiver. Members were assured that other factors than those listed would be taken into consideration when a request for "waiver" is received. (Reference: statement "The following standards may be considered by the Planning and Zoning Commission and City Council in determining whether an application for a Conditional Use permit may be granted," is the correct and acceptable wording of Sect -ion 38. No formal action was taken on the agenda item. MISCELLANEOUS DISCUSSION AND/OR REPORTS City Staff advised that seven zoning cases had been filed for the December 19, 1989. public hearing. The consensus for the Commission was to hear all seven zonina cases even though the Planning and Zoning Commission By -Laws have set six as maximum to hear for any one public hearing. No formal action was taken on the item. P&Z Minutes -11-21-89 Page 2 vall W*1 goal At 7:30 PM, Chairman Cook declared that the workshop meeting should adjourn to the City Council Chambers for the scheduled public hearincr. PASSED AND APPROVED BY THE PLANNING PND ZCNING COMMISSION OF THE CITY OF GRAPOV-DE, TEXAS, ON THIS THE 19TH DAY OF DECIMER, 1989. RON COOK CHAIPMAN A=ST: CM y - Ch.j• MAIN The Planning .and Zoning Commission Of the City of Grapevine, Texas, met in Regular Joint Public I Hearing I Session on this the 21st 'Day of f November, 1989, at 7:30 PM in the City Council Chambers, Municipa Court ROOM, #205, 307 west Dallas Road, with the following COmissioners present, to wit: Pon cook Larry Oliver Larry Atchley Ervin Meyer Robert Hinson Don Frieden Chairman Vice Chairman Member Member Member Member constituting a quorum, with Cathy Martin absent and the following members of the City Staff: H. T. (Tonny) Hardy Marcy Ratcliff Greg Wheeler Jov Carroll Adrienne Loeonard Larry Frassinelli. Robert Price Director of Community DeveloPment Planner Assistant Building official Planning/Administrative Aide Assistant City Attorney Senior Civil Engineer Technical Review Engineer Mayor Tate called the public hearing portion Of the meeting to order at PM; and- planning and Zoning ComissiOn Chairman Rohl Cooked called the Commission's session to order at 8:20 PM. 00016%11�1 The invocation was delivered by Ccmissioner Robert Hinson. OATH OF OFFICE -MR. DON FRIEDEN Mr. Don Frieden, newly appointed Planning and Zoning Commissioner, was administered the oath of office by Linda Huff, City Secretary. ITEM #1 PUBLIC HEARING TO AMEND COMPREHENSIVE ZONING ORDINANCE 82-73, AS AMENDED, SECTION 3, DISTRICTS AND BOUNDARIES THEREOF: SECTION �Lmlj ".rA 47 The Planning and Zoning Commission was first to consider amending Grapevine Comprehensive zoning ordinance 82-73 as stated above to make a reconvendatiOn to the City Council - of ConmmitV Development H.T. (Tommy)Hardy advised the Director proposed amendments to Comprehensive Zoning ordinance 82-73, as amended, were a result of the proposed rezoning Of the Dallas/Fort Worth International Airport property from "DEW", Dallas/Fort Worth International Airport District to "GU", Governmental Use District. The proposed amendments to Section 3, Districts and Boundaries Thereof, is to delete the term "DEW", Dallas/Fort Worth International Airport District; Section 12, Definitions,- to add a new definition for structure; Section 38, "GU", Governmental Use District, to provide for a conditional use for airport related uses and governmental immunity provisions; Section 40, IIDFW," Dallas/Fort Worth International Airport District, proposing to delete the entire section; Section 47, Site Plan Review and Section 48, Conditional Uses, to provide additional information for site plan approval on projects that may have adverse impact on, existing or future developmnt. P&Z Minutes -11-21-89 Page 2 In response to Mayor Tate's question as to the purpose of the governmental i° unity provisions, Mr. Hardy advised that in some instances whereby certain governmental subdivisions of the United States such as the Post Office, may be immune from the zoning ordinance. In such case, if the City Council determines it is in the best interest of the City to grant the immunity, approval to do so would be in accordance with Section 38. There being no questions or discussion from the Council or Commission, Mayor Tate invited guests present to speak. Mr. Gary Keane, 6223 Brookside, Dallas, Legal Counsel for the Dallas/Fort Worth International Airport, addressed the City Council and Commission on behalf of the Airport Board. Mr. Keane advised that it was the position of the Airport and and cities of Dallas and Fort Worth, who own the airport, that the City of Grapevine is wholly lacking in jurisdiction or legal authority to zone within the boundaries of DFW Airport. Further, he stated that most especially, if and to the extent the exercise of that power would impact in any way on the operation, development, planning, construction of the airport, as an airport, as an air navigation facility, and most especially to the extent the exercise of that power would -impinge upon the autonomy and the powers of the and as they have been conferred upon the Board by the State Legislature. He stated that they believe if the City has been advised to the contrary, that the City is badly misadvised. All of this preface to the mat of the Airport Board's position which is simply that if Items land tare approved, the Airport Board will simply ignore and disregard them, having no intention whatsoever of submitting its decisions in the operation of the Airport to the City of Grapevine, the regulation and approval of the City of Grapevine or any other city. They regret that is the case, but feel there is no alternative® This is for the Airport Board, a take no prisoners issue! There is not and cannot be any room for negotiation or compromise on this. They regret the Council has seen fit to seriously entertain taking this step --firing this shot in the escalating battle between the Airport Board and the City of Grapevine with respect to runway expansion He stated the Airport and will bring all of its very considerable resources supported by the airlines, to bear to maintain the integrity and the autonomy of the Airport Board, which after all, has been charged by the State Legislature with operating the Airport. The City of Grapevine has not. Mr. Jim Swann, 1018 Riverside Drive, stated that a three step review process he believes should be considered any time an ordinance/law is created or highly modified: Is there a need? Is it enforceable? What is the net cost? Since the proposed amendments and rezoning of, airport property would greatly increase administrative tasks; the need to increase staff would be inevitable. Mr. W. L. Cowley, 3056 Sundial, Dallas, property owner in the southwest section of Grapevine, addressed the City Council and Planning and Zoning Commission on behalf of the property owners in the City. He expressed his objections to the proposed amendments to Section 38, not infringements upon his rights as a property owner and tax pa He yer. then outlined a proposal covered by City Code to protect the citizenry from encroachment by governmental uses® In suamary, the code would provide a citizen an avenue to appeal to the City to file a suit against a governmental agency infringing on rights of property owners. The public hearing was then closed. In the Commission's deliberation session, the discussion and deliberation concerned rewording Section 48.F to read, "the following standards among other relevant standards may be considered by the City Council and Planning and Zoning Commission— The Commissioners' consensus was agreement with Commissioner Meyer's suggestion. Following further brief discussion from Vice Chairman Larry Oliver, Commissioner Atchley a made motion to recommend the City Council approve the zoning ordinance amendments as printed with the modification "the following standards, among other relevant standards, P&Z Minutes -11-21-89 Page 3 may be considered." A second to the motion was offered by Commissioner Meyer, with the prevailing vote as follows: -Ayes: Cook, Oliver, Meyer, Atchley, Hinson and Frieden Nays: None Absent: Martin ITEM #2 ZONING APPLICATION Z89-11, CITY OF GRAPEVINE INTEFdMTIONAL AIRPORT The second item for the Planning and Zoning Commission to consider and make a recommendation to the City Council was Zoning Application 89-11 submitted by the City of Grapevine for Dallas -Fort Worth International Airport. Mr. Hardy then introduced Zoning Application Z89-11, initiated by the City of Grapevine to rezone approximately 7,800 acres from "DFW" International Airport District to "GU", Governmental Use Zoning District. The tract is the entire_Dallas/Fort Worth International Airport property lying within the City of Grapevine, Texas, which generally falls within the southeastern portion of Grapevine. The southwestern boundary is Grapevine -Euless Road and William D. Tate Avenue (State Highway 121); the western boundary is Ira E. Woods Avenue (State Highway 26); the northern boundaries are State Highway 114, State Highway 26 and Bethel Road; the southern boundary is Glade Road; and the, eastern boundary is the Grapevine City limits and Tarrant County Boundary line. Mr. Hardy further advised that no concept plan is required since the City initiated the zoning case and further that the rezoning is consistent with the Land Use Plan Map 2 recommendation, Update February 1987, which indicated Governmental Use. It was further noted that the proposed amendments to the "GU", Governmental Use Zoning District must be in effect before Z89-11 may can be approved. There were no questions from the Commission or Council and no correspondence to report. Mayor Tate invited guests present to comment for or against the proposed rezoning. Ms, Carol Elliott, 643 Heatherwood, requested that the costs associated with the rezoning of the Airport property be clearly defined prior to the Council's approval of the rezoning. Linda Huff, City Secretary, read a letter supporting Z89-11 from Mr. Joe N. Box and a letter from James and Gayle Lollar opposing the change of zoning if it would prevent the economic growth of the D/FW Airport or reduce the value of their 14 acre tract at Glade and Fuller Wiser Roads. In the Commission's deliberation session, Marcy Ratcliff, Planner, discussed the case briefly. There being no discussion or deliberation, Commissioner Robert Hinson's motion and Commissioner Larry Oliver's second was to recommend the City Council approve Z89-11 contingent upon approval of the relative zoning ordinance amendments, with the prevailing vote as follows: Ayes: Cook, Oliver, Meyer, Atchley and Hinson Nays: None Absent: Martin rTEm #3 PUBLIC HEARING FOR CONDITIONAL USE APPLICATION CU89-15, HANOVER, INC. The Planning and Zoning Commission was then to consider Conditional Use Application 89-05, submitted by Hanover, Inc. in order to make a recommendation to the City Council. P&Z Minutes -11-21-89 Page 4 Following Mayor Tate's opening the public hearing, Director of Community Development H.T. (Tormy) Hardy advised Conditional Use Application CU89-15 had been filled by Hanover,requesting a conditional use permit for a planned conm-ercial center and a forty foot pole sign. The subject 6.18 acre tract, zoned "CC", Connunity Ccmrkercial, is located between Wal Mart and Fina fronting William D. Tate and the State Highway 114 frontage road. The site plan for Lots 1R, 3, 4 and 5, Block 1 of the Towne Center Addition indicates a 1,997 square foot Arby's Restaurant capable of seating 68; a 10,740 square foot Luby's Cafeteria with seating capacity for 286 people; a 4,461 square foot International House of Pancakes Restaurant capable of seating 160; and a 27,000 square foot building shown for future development as retail or restaurant use (which will require a variance to eliminate the perimeter buffer strip if built as shown, abutting the Wal Mart Store) and a 40 foot pole sign to be located along the State Highway 114 frontage Road on Lot 3 (Luby's) and will also require a variance to allow a variance to the sign cabinet depth. Then Mr. Hardy introduced Mr. Larry Good, 300 Tramel Crow Center, Dallas, who briefly discussed the proposed development, indicating agreement with the City of Grapevine's approach to new development. There being no Council or Conmission questions, Mayor Tate then invited guests present to speak. Mr. Gerald Hartsell, 1401 River Run, Suite 3800, Fort Worth, adjacent property owner to the subject tract, rea ,uested clarification be made relative to the proposed pole sign and impact on the existing stri:,# center north of Wal Mart, noting the City had not allowed a 40 foot sign for the Hayden -Cutler site. Mr. Hardy offered clarification, advisinc , r that a 40 foot pole sign is only permitted in conjunction with a Council approved conditional use for a planned conrercial center; and otherwise, a pole sign may only be 20 feet in height. In the Commission's deliberation session, Chairman Cook questioned the wisdom of providing cross -access between the Fina station and the Town Center Addition. Marcy Ratcliff advised that the Zoning Ordinance does not address cross -access. Chairman Cook further noted that those drives existing from the Fina could directly access State Highway 114 ramp which would encourage the use of the drive frcm the parking lots rather than the use of William D. Tate Avenue. There was further discussion relative to the variances requested on the pole sign depth, clarifying that only the lots fronting State Highway 114 may request a 40 foot pole sign, that the Wal Mart Store would be connected to the building on the lot shown as future development on the site plan, and a brief discussion relative to screening the dumpster. Then, with no further discussion, Commissioner Ery Meyer made a motion to reconvend the City Council approve Conditional Use Application 89-15, sheets 1 through 8 with a second from Commissioner Robert Hinson and the prevailing vote as follows: Ayes: Oliver, Meyer, Hinson, Atchley and Frieden Nays: Cook Absent Martin ITEM 4. PUBLIC HE�G FOR THE PEPLAT OF LOTS 1R, 3, 4, AND 5, The next .item for the Commission's consideration in order to make a recommendation to the City Council was the Replat of Lots 1R, 3, 4 and 5, Block 1 of the Towne Center Addition. Manager of Engineering Stan Laster advised the request filed by Lawrence A. Cates and Associates, Inc. is to replat 6.18 acres from Lots 1R, 3, 4 and 5, Block I of the Towne Center Addition into four lots: Lots lRl, 3R, 4R and 5R, Block 1 of the Towne Center Addition, located on the northwest corner of William, D. Tate Avenue and State P&Z Minutes -11-21-89 Page 5 Highway 114. The replat is inconjunction with Conditional Use Application 89-15 for minor adjustments on interior lot lines. There was a brief Council discussion relative to the 20 foot emergency and access easement. There were no comments from Commissioners. In response to Mayor Tate's invitation to speak, Mr. Gerald Hartsell representing Cutler Hayden voice objection to the proposed replat. He requested that City Council table the item until the contractual issue between Kroger and Cutler Hayden is resolved. (The Hayden Cutler Center is adjacent and just north of Wal Mart). In the Commission's deliberation session, Technical Review Engineer Robert Price noted that the plat will add an east -west easement; and the utility easement adjacent to Fina should be enlarged to comply with the Master Water Plan. Commissioner Meyer questioned the adequacy of two drainage inlets; and Mr. Price said this issue would be closely watched. Further discussion ensued relative to property ownership issues. Mr. Hardy and Assistant City Attorney Adrienne Leonard noted that if a civil court should award Hayden Cutler ownership rights, revisions of the replat and conditional use would be necessary. There being no further deliberation, Commissioner Atchley's motion and Commissioner Hinson's second was to approve the replat of the Towne Center Addition, with the following prevailing vote: Ayes: Cook, Oliver, Meyer, Atchley, Hinson and Frieden Nays: None Absent: Martin Assistant City Attorney Adrienne Leonard advised that next the Planning and Zoning Commission was to agree to consider Supplemental Agenda Item #5 as follows: 5. Planning and Zoning Commission to consider the final plat of Lot 1, Block 1 of the TWK Addition and make a recommendation to the City Council Commissioner Meyer made a motion to consider the emergency agenda item posted as #5, finding it to be an emergency', with a second offered from Commissioner Atchley and the prevailing vote as follows: Ayes: Cook, Oliver, Meyer, Atchley, Hinson and Frieden Nays: None Absent: Martin Then Ery Meyer withdrew the motion; and a brief discussion ensued relative to the State of Texas Statute regarding the 30 day rule for plats to be approved if no action is taken within 30 days of being accepted for filing. Then Commissioner Hinson make a motion declaring that an emergency exists; and Don Frieden seconded the motion which prevailed by the following vote: Ayes: Cook, Oliver, Meyer, Atchley, Hinson and Frieden Nays: None Absent: Martin Then Commissioner Ery Meyer made a motion to recommend the City Council approve the Final Plat of Lot 1, Block 1 of the DIK Addition. Commissioner Robert Hinson offered a second to the motion, with the prevailing vote as follows: Ayes: Cook, Oliver, Meyer, Atchley, Hinson and Frieden Nays: None Absent: Martin P&Z Minutes -1.1-21-89 Page 6 There were no miscellaneous discussion or reports for the Planning and Zoning Commission to consider. WA -d% rallk I MN I&I 9W U& With- no further business to consider, Vice Chairman Larry Oliver's motion and Commissioner Don Frieden's second was to adjourn the meeting at 9 PM, with the prevailing vote as follows: Ayes: Cook, Oliver, Meyer, Atchley and Hinson Nays: None Absent: Martin PASSED AND APPPO`V7ED BY T14E PLANNINIG AND ZONING COMISSION OF THE CITY OF GRAPEVTNE, TEXAS, ON THIS THE 19TH DAY OF DECEMBER, 1989. RON COOK CHAIRMAN ATTEST: SECRf 5i