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HomeMy WebLinkAboutItem 07 - Minutes STATE OF TEXAS ITEM # 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 15th day of December, 2009 at 7:30 p.m. in the City Council Chambers, Second Floor, 200 South Main Street,with the following members of the City Council present to-wit: William D. Tate Mayor C. Shane Wilbanks Mayor Pro Tern Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with the following Council Member Mike Lease absent, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Herbert Fry Vice Chairman Betty "BJ" Wilson Member Monica Hotelling Member Jim Fechter Member Gary Martin Member Wayne Szot Alternate constituting a quorum, with Commissioner Mark Lowery and Alternate Elaine Martin absent, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:40 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Wilson delivered the Invocation and led the Pledge of Allegiance. ITEM 1. PRESENTATION RECOGNITION OF PARKS CREW PERSONNEL 12/15/09 ADJOURNMENT Mayor Pro Tenn Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 8:46 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart & Freed Nays: None Absent: Lease &Coy PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 5th day of January, 2010. APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary 2 STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council and the Planning &Zoning Commission of the City of Grapevine, Texas met in Regular Joint Session on this the 15th day of December; 2009 at 7:30 p.m. in the City Council Chambers, Second Floor, 200 South Main Street,with the following members of the City Council present to-wit: William D. Tate Mayor C. Shane Wilbanks Mayor Pro Tern Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with the following Council Members Mike Lease and Chris Coy absent, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Herbert Fry Vice Chairman Betty "BJ° Wilson Member Monica Hotelling Member Jim Fechter Member Gary Martin Member Wayne Szot Alternate constituting a quorum, with Commissioner Mark Lowery and Alternate Elaine Martin absent, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:40 p.m. INVOCATION.AND PLEDGE OF ALLEGIANCE Commissioner Wilson delivered the Invocation and led the Pledge of Allegiance. ITEM 1. PRESENTATION RECOGNITION OF PARKS CREW PERSONNEL 12/15/09 Mayor Tate expressed the Council's, citizens' and visitors' appreciation for the exceptional work the Parks Christmas Crew did in preparation for the Christmas season on Main Street. Mayor Tate recognized the following Parks Christmas Crew: Tony Steele, Light Show Creator and Head Elf; Randy Sell and Timothy Hamilton, Light Show programmers; Jerry Jasso, Christmas Star designer and creator; Jeremiah Obert, #1 Elf coordinator and the following elves that installed the Christmas decorations: Brandon Aldridge, Tyler Avaritt, Doyle Blackmon, Juan Burgos, Chance Daniel, Bryan George, John Goley, Chris Nunes, Brian Pierce, Chris Talbot, Myke Waller and Supervisors Rusty Walker and Mike Hooker. A special thanks to Public Works Department employee, Jennifer Kashner, as the Griner. ITEM 2. .. .. PRESENTATION KEEP GRAPEVINE BEAUTIFUL ACTIVITIES REPORT Community Resource Coordinator Mary Jo Tellin updated the Council on the activities. of Keep Grapevine Beautiful for 2009. She reported that 2,138 volunteers donated 8, 70 hours for the betterment of the Parks system by completing 42 projects. Included in the report was the "Advocate of the Year" award won by Keep Grapevine Beautiful at the Texas Recreation & Park Society Region 2 and 3 Annual Awards Banquet in November at Texas Motor Speedway. Ms. Telli'n presented a plaque to the Parks Crew personnel for their support of the Keep Grapevine Beautiful volunteer program and for their assistance in working with the volunteers during the clean up projects. ITEM 3. PRESENTATION KEEP AMERICA BEAUTIFUL AWARD Ms. Cecil Carson from Keep America Beautiful presented Mayor Tate and the City of Grapevine an award for receiving 1$t Place for Civic/Non-Profit Partnerships with Phi Theta Kappa for the Rockledge Park clean-up. ITEM 4. PUBLIC. HEARING CONDITIONAL USE APPLICATION . CU09-41 PAPPADEAUX SEAFOOD KITCHEN Mayor Tate declared the public hearing open. Planner Albert Triplett reported that Conditional Use Application CU09-41 had been filed by Pappadeaux Seafood Kitchen requesting a conditional use permit for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant within the Dallas/Fort Worth International Airport, 1000 International Parkway, Terminal A, Columns 82-90. The subject property is zoned "GU" Governmental Use District. Ms. Marlene Mouchette requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. 2 12/15/09 Mayor Tate invited guests present to comment regarding the application. No one wished to speak. City Secretary Huff reported the Council and Commission had been copied the one letter of support. Commissioner Wilson; seconded by Commissioner Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Martin & Szot Nays: None Absent: Lowery & E. Martin Council Member Stewart, seconded by Mayor Pro Tern Wilbanks,offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes; Tate, Wilbanks, Spencer, Stewart & Freed Nays: None Absent: Lease & Coy ITEM 5. PUBLIC . HEARING CONDITIONAL USE. APPLICATION CU09-42 PAPPASITOS CANTINA Mayor Tate declared the public hearing open. Planner Triplett reported that Conditional Use Application CU09-42 had been filed by Pappasitos Cantina requesting a conditional use permit for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant within the Dallas/Fort Worth International Airport, 1000 International Parkway, Terminal A, Columns 93-98. The subject property is zoned "GU" Governmental Use District. Ms. Marlene Mouchette 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. City Secretary Huff reported the Council and Commission had been copied the one letter of support. Commissioner Fry, seconded by Commissioner Hotelling, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Martin & Szot Nays: None Absent: Lowery & E. Martin 3 z 12/15/09 Mayor Pro Tern Wilbanks, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart & Freed Nays: None Absent: Lease & Coy ITEM 6. PUBLIC HEARING CONDITIONAL USE APPLICATION CU09-43 PARK PLACE MERCEDES Mayor Tate declared the public hearing open. Planner Triplett reported that Conditional Use Application CU09-43 had been filed by Park Place Mercedes requesting a conditional use permit for an automobile dealership with shade structures and two 20 foot pole signs on property located at 1300 Texan Trail. The subject property is zoned "PCD" Planned Commerce Development District. The dealership will be comprised of one large multi-phase structure of several components - a 43,483 square foot two-story structure housing the sales and administration and a two-story 114,042 square foot service building. A stand alone carwash and a second phase, make- ready structure are also proposed. The main entrance to the dealership will be from Texan Trail. There are two 20=foot pole signs proposed, one on Texan Trail and one on Minters Chapel Road. Mr. David Dumas. requested favorable consideration of the application. City Council and the Commission questioned the need for the pole sign on Minters Chapel Road and why a monument sign would not be sufficient. Mr. Dumas responded that the pole sign is due to the body shop serving more than the car dealership. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Wilson, seconded by Commissioner Szot, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Martin & Szot Nays: None Absent: Lowery & E. Martin 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, Wilbanks, Spencer, Stewart & Freed Nays: None Absent: Lease & Coy 4 12/15/09 ITEM 7. PUBLIC HEARING CONDITIONAL USE. APPLICATION CU09-44 GRAPEVINE FORD Mayor Tate declared the public hearing open. Planner Triplett reported that Conditional Use Application CU09-44 had been filed by Grapevine Ford requesting a conditional use permit to amend the site plan approved by Ordinance No. 2009-40 to add 3,324 square feet to the new car safes building, expand the service drive area by 2,175 square feet and to eliminate the existing used car building. The subject property is located at 801 East State Highway 114 and is zoned "PCD" Planned Commerce Development District. Mr. Steve Loe 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 Wilson, seconded by Commissioner Fry, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Pechter, Martin & Szot Nays: None Absent: Lowery & E. Martin Council Member.Spencer, seconded by Mayor Pro Tem Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart & Freed Nays: None Absent: Lease& Coy ITEM 8. PUBLIC HEARING SPECIAL USE APPLICATION SU09-08 CLEAR WIRELESS — NORTH PARK BOULEVARD Mayor Tate declared the public hearing open. Planner Triplett reported that Special Use Application SU09-08 had been filed by Clear Wireless requesting a special use permit to amend.the site plan approved by Ordinance No. 2006-90 for collation of cellular antennas and microwave equipment on a TXU transmission tower located at 655 North Park Boulevard. The subject property is zoned "R- MF--2" Multifamily District Regulations. A fenced 100-foot equipment/lease area is proposed in the landscaped area west of the tower. Mr. Bill Bauman requested favorable consideration of the application. 5 12/15/09 Council questioned the need to have the cellular antennas so close to one another. He responded that the footprint for Clear Wireless is small,therefore the need for more towers for a more dense network. Mayor Tate invited guests present to comment regarding the application. No one wished to speak. City Secretary Huff reported the Council and Commission were copied the one letter of support. Commissioner Fechter, seconded by Commissioner Szot, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Martin & Szot Nays: None Absent: Lowery & E. Martin 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, Wilbanks, Spencer, Stewart & Freed Nays: None Absent: Lease & Coy ITEM 9. PUBLIC HEARING SPECIAL USE APPLICATION CLEAR WIRELESS - HOOD LANE Mayor Tate declared the public hearing open. Planner Triplett reported that Special Use Application SU09-09 had been filed by Clear Wireless requesting a special use permit to amend the site plan approved by Ordinance No. 99-66 for the'collation of cellular antennas and microwave equipment on an existing water tower located at 1509 Hood Lane. The subject property is zoned "GU" Governmental Use District. Mr. Bill Bauman 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. City Secretary Huff reported the Council and Commission had been copied the one letter of support and the two letters of opposition for the application. Commissioner Fechter, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: 6 12/15/09 Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Martin & Szot Nays: None Absent: Lowery,& E. Martin Mayor Pro Tern Wilbanks, seconded by Council Member Spencer, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart & Freed Nays: None Absent: Lease & Coy RECESS.AND RECONVENE Mayor Tate announced the Planning &Zoning Commission would recess to the Planning & Zoning Conference Room to consider published business. The City Council remained in session in the Council Chambers to consider published business. ITEM 10. CITY INVESTMENT POLICY Managing Director of Financial Services Fred Werner recommended approval of the City Investment Policy pursuant to the provisions of the Public Funds Investment Act, Chapter 2256, Texas Government Code. There are no proposed changes to the policy. Approval of the policy is required by the City Council to be in compliance with Chapter 2256, Texas Government.Code. Motion by Council Member Spencer, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart & Freed Nays None Absent: Lease & Coy CONSENT AGENDA The next order of business for the City Council was to considerthe 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 1.1. Renewal Fire Fighter Uniforms Annual Contract Fire Chief recommended approval of the renewal of the Fire Fighter Uniforms Annual Contract to GST Public Safety, LLC. 7 12/15/09 Motion by Council Member Stewart, seconded by Mayor Pro Tern Wilbanks,to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart & Freed Nays None Absent: Lease & Coy Item 12._ Renewal Lamps and Lighting Products Annual Contract Public Works Director recommended approval of the renewal of the Lamps and Lighting Products Annual Contract to Voss Lighting. Motion by Council Member Stewart, seconded by Mayor Pro Tern Wilbanks,to approve as recommended prevailed by the following vote: Ayes: Tate; Wilbanks, Spencer, Stewart & Freed Nays: None Absent: Lease & Coy item 18. Interlocal Agreement, Regular Unleaded Fuel Annual Contract Public Works Di"rector recommended approval of the Regular Unleaded Fuel Annual Contract in .an amount not to exceed $420,000.00 with Martin Eagle Oil Company, Inca through an existing interlocal agreement with the City of Fort Worth. Motion by Council Member Stewart, seconded by Mayor Pro Tern Wilbanks,to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart & Freed Nays: None Absent: Lease & Coy Item 14 Authorize Purchase of Mattresses Fire Department Fire Chief recommended approval of the rejection of the initial bids and to approve the re- bid to purchase mattresses in the amount of $21,446.88 from Stacy Furniture & Accessories for the Fire Department. Motion by Council Member Stewart, seconded by Mayor Pro Tern Wilbanks,to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart & Freed Nays: None Absent: Lease & Coy Item 15. Consideration of Minutes 8 12/15/09 City Secretary recommended approval of the minutes of the December 1, 2009 City Council meetings as published_ Motion by Council Member Stewart, seconded by Mayor Pro Tern Wilbanks,to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart & Freed Nays: None Absent: Lease & Coy RECESS.AND RECONVENE Mayor Tate announced the City Council would take a brief recess. Upon reconvening in the City Council Chambers, all members were present with the exception of Council Members Lease and Coy. ITEM 16. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU09-41 PAPPADEAUX SEAFOOD KITCHEN Development Services Director Scott Williams reported the Planning&Zoning Commission voted 7-0 for approval of Conditional Use Application CU09-41 filed by Pappadeaux Seafood Kitchen granting a conditional use permit for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer,wine and mixed beverages) in conjunction with"a restaurant within the Dallas/Fort Worth International Airport, 1000 international Parkway, Terminal A, Columns 82-90. Council Member Freed, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Wilbanks; Spencer, Stewart & Freed Nays: None Absent: Lease & Coy ORDINANCE NO. 2009-55 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, 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 CU09-41 FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON-PREMISE CONSUMPTION OF 9 12/15/09 ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) IN CONJUNCTION WITH A RESTAURANT IN A DISTRICT ZONED "GU" GOVERNMENT USE DISTRICT 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 17. _ PLANNING.& ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU09-42 PAPPASITOS CANTINA Development Services Director Williams reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU0942 fled by Pappasitos Cantina granting a conditional use permit a conditional use permitforthe possession,storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant within the Dallas/Fort Worth International Airport, 1000 International Parkway, Terminal A, Columns 93-98. Council Member Stewart, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Wilba.nks, Spencer, Stewart &Freed Nays: None Absent: Lease & Coy ORDINANCE NO. 2009-56 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, 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 CU09-42 FOR THE POSSESSION, STORAGE, 10 12/15/09 RETAIL SALE AND ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) IN CONJUNCTION WITH A RESTAURANT IN A DISTRICT ZONED "GU" GOVERNMENT USE DISTRICT 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 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 18.. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU09-43 PARK PLACE MERCEDES Development. Services Director Williams reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU09-43 with the condition that the pole sign on Minters Chapel Road be replaced with a monument sign. Approval of the application filed by Park Place Mercedes grants a conditional use permit to amend the site plan approved by Ordinance No. 2009-40 for additional square footage to the new car sales building and the service drive and to eliminate the existing used car building. The subject property is located at 1300 Texan Trail and is zoned "PCD" Planned Commerce Development District. Council Member Freed, seconded by Mayor Pro Tern Wilbanks, offered a motion to accept the Commission's recommendation with the condition and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart & Freed Nays: None Absent: Lease & Coy ORDINANCE NO. 2009-57 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 11 12/15/09 GRANTING CONDITIONAL USE PERMIT CU09-43 FOR AN AUTOMOTIVE DEALERSHIP WITH ONE 20-FOOT POLE SIGN AND A MONUMENT SIGN 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 OF 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 ITEM19 . . . PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT LOT—1, BLOCK 1 PARK PLACE MERCEDES ADDITION Development Services Director Williams reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the preliminary plat of Lot 1, Block 1, Park Place Mercedes Addition. The 20.49 acre property is being platted for a car dealership on Lot 1 and the property is located between Minter's Chapel Road and Texan Trail. 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 preliminary plat of Lot 1, Block 1, Park Place Mercedes. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart & Freed Nays: None Absent: Lease & Coy ITEM 20. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1 BLOCK 1 PARK PLACE MERCEDES ADDITION Development Services Director Williams reported the Planning & Zoning Commission voted 7-0 for the approval of the Statement of Findings and the final plat of Lot 1, Block 1, 12 12/15/09 Park Place Mercedes Addition. The 20.49 acre property is being platted for a car dealership on Lot 1 and the property is located between Minter's Chapel Road and Texan Trail. 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 Lot 1, Block 1, Park Place Mercedes Addition. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart & Freed Nays: None Absent: Lease & Coy ITEM 21 PLANNING &_ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU09-44 GRAPEVINE FORD Development Services Director Williams reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU09-44 filed by Grapevine Ford granting a conditional use permit to amend the site plan approved by Ordinance No. 2009- 40 for additional square footage to the new car sales building and the service drive and to eliminate the existing used car building. The subject property is located at 801 East State Highway 114 and is zoned "PCD" Planned Commerce Development District. Council Member Freed seconded by Mayor Pro Tern Wilbanks,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, Witbanks, Spencer, Stewart & Freed Nays: None ': Absent: Lease & Coy ORDINANCE NO. 2009-58 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 CU09-44 BY AMENDING THE SITE PLAN APPROVED BY ORDINANCE NO. 2009-40 FOR AN AUTOMOBILE DEALERSHIP IN A DISTRICT ZONED "PCD" PLANNED COMMERCE DEVELOPMENT DISTRICT 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 13 12/15/09 ALL OTHER PORTIONS OF THE ZONING ORDINANCE, PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 22. PLANNING & ZONING.COMMISSION RECOMMENDATION SPECIAL USE APPLICATION SU09-08 CLEAR WIRELESS Development Services Director Williams reported the Planning & Zoning Commission voted 7-0 for approval of Special Use Application SU09-08 filed by Clear Wireless granting a special use permit to amend the site plan approved by Ordinance No. 2006-90 for collation of cellular antennas and microwave equipment on a TXU transmission tower located at 655 North Park Boulevard. The subject property is zoned "R-MF-2° Multifamily District Regulations. Council Member Spencer, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance granting the special use permit. The motion prevailed by the following vote: Ayes: Tate, Wllbanks, Spencer, Stewart & Freed Nays: None Absent: Lease & Coy ORDINANCE NO. 2009-59 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE,TEXAS, ISSUING A SPECIAL USE PERMIT IN ACCORDANCE WITH SECTION 49 OF ORDINANCE NO. 82=73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE TEXAS SAME BEING ALSO KNOWN AS APPENDIX "'D" OF THE CITY CODE BY GRANTING SPECIAL USE PERMIT SU09-08 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2006-90 TO ESTABLISH A LEASE AREA FOR THE CO-LOCATION OF ANTENNAE AND COMMUNICATIONS EQUIPMENT IN A DISTRICT ZONED "R-MF-2" MULTIFAMILY DISTRICT REGULATIONS UNDER CITY OF GRAPEVINE ORDINANCE NO. 82-73 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 14 12/15/09 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 SPECIAL 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 EMERGENCYAND PROVIDING AN EFFECTIVE DATE ITEM 23 PLANNING .& ZONING.COMMISSION RECOMMENDATION SPECIAL.USE APPLICATION SU09-09 CLEAR WIRELESS Development Services Director Williams reported the Planning & Zoning Commission voted 7-0 for approval of Special Use Application SU09-09 filed by Clear Wireless granting a special use permit to amend the site plan approved by Ordinance No. 99-66 for the collation of cellular antennas and microwave equipment on an existing water tower located at 1509 Hood Lane. The subject property is zoned "GU" Governmental Use District. Council Member Stewart, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation and approve the ordinance granting the special use permit: The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart & Freed Nays: None Absent: Lease & Coy ORDINANCE NO. 2009-60 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ISSUING A SPECIAL USE PERMIT IN ACCORDANCE WITH SECTION 49 OF ORDINANCE NO: 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE BY GRANTING SPECIAL USE PERMIT SU09-09 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 99-66 TO ESTABLISH A LEASE AREA FOR THE CO-LOCATION OF ANTENNAE AND COMMUNlCATIONS EQUIPMENT IN A DISTRICT ZONED "GU" GOVERNMENT USE DISTRICT UNDER CITY OF GRAPEVINE ORDINANCE NO. 82-73 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 15 12/15/09 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 SPECIAL 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 ADJOURNMENT Mayor Pro Tern Wlbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 8:46 p.m. The motion prevailed by the following Vote: Ayes` Tate, Wil'banks, Spencer, Stewart & Freed Nays: None Absent: Lease & Coy PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 5th clay of January, 2010. APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary 16