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HomeMy WebLinkAboutItem 12 - Minutes ITEM # 1- - STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 16th day of February, 2010 at 6:45 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to-wit: William D. Tate Mayor C. Shane Wilbanks Mayor Pro Tern Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the workshop to order at 6:47 p.m. ITEM 1 DISCUSS, POSSIBLE AMENDMENTS, CHAPTER 12 HEALTH AND SANITATION Development Services Director Scott Williams reviewed possible amendments to the Grapevine Code of Ordinances, Chapter 12 Health and Sanitation,Article VII, Oil and Gas Drilling. The proposed amendments stipulate a dead Iineltimeline to install screening and landscaping as well as require an eight foot masonry screening wall. City Council directed Staff to bring the proposed ordinance before the Council for consideration. There was no formal action taken by the City Council. ADJOURNMENT Mayor Pro Tem Wilbanks., seconded by Council Member Coy, offered a motion to adjourn the workshop at 6:57 p.m. The motion prevailed by the following vote: 02/16/10 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2nd day of March, 2010. APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary 2 STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine,Texas met in Executive Session on this the 16th day of February, 2010 at 7:00 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to-wit: William D. Tate Mayor C. Shane Wilbanks Mayor Pro Tern Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager 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 7.00 p.m. ITEM 1. .. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding: (A) conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate or expand in the City, with which businesses the City is conducting economic development negotiations under Section 551.087, Texas Government Code. Upon reconvening in open session in the Council Chambers, Mayor Tate asked if there was any action necessary relative to the closed session. City Manager Bruno Rumbelow stated there was no action necessary relative to conference with City Manager and Staff under Sections 551.087, Texas Government Code. NOTE: City Council continued with the Regular City Council meeting in open session in the City Council Chambers. 02/16/10 ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Mayor Pro Tern Wilbanks, seconded by Council Member Coy, offered a motion to adjourn the meeting at 9:20 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2nd day of March, 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 16th day of February, 2010 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 Mike Lease Council Member Chris Coy Council Member constituting a quorum, with the following members of the Planning &Zoning Commission: Larry Oliver Chairman Herbert Fry Vice Chairman Betty "BJ" Wilson Member Mark Lowery Member Monica Hotelling Member Jim Fechter Member Gary Martin Member Wayne Szot Alternate Elaine Martin Alternate constituting a quorum, 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 7:30 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Hotelling delivered the Invocation and led the Pledge of Allegiance. 02/16/10 ITEM 1, PRESENTATION CERTIFICATE OF RECOGNITION Fire Chief Steve Bass recognized Ms. Mary Ann DeLache for her heroic efforts when she received a distress call from a neighbor whose visiting relative had collapsed. She began performing CPR and the emergency team acknowledged that the man would not be alive today without Ms. DeLache's immediate action. Chief Bass commended Ms. DeLache for her willingness to serve those in need as an ICU nurse at Baylor Medical Center of Grapevine. Mayor Tate presented Ms. DeLache a Certificate of Recognition on behalf of the City of Grapevine and the Grapevine Fire Department for being an Uncommon Hero in our community her quick action in rendering aid and performing CPR. ITEM 2. _ PUBLIC HEARING, ZONING APPLICATION .Z1 0-01 SCOTT TIMOTHY KNEAREM ^ Mayor Tate declared the public hearing open. Planning& Development Manager Ron Stombaugh reported that Zoning Application Z10- 01 had been filed by Scott Timothy Knearem requesting rezoning of approximately 0.458 acres located at 1586 South Gravel Circle from "R-20"Single Family District Regulations to "R-7.5"Single Family District Regulations. Plans include continuing the use of the existing residence and platting the site into two lots for a single family residence. If approved, this Will be the first reading of an ordinance. The site requires approval of one variance to the front yard setback. The Board of Zoning Adjustment will consider this at their April 5, 2010 meeting. Mr. Scott Knearem 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 Fechter,seconded by Commissioner Hotelling,offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Lowery, Hotelling, Fechter & Martin Nays: None Council Member Stewart, seconded by Council Member Lease, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 2 02/16/10 ITEM 3. PUBLIC HEARING CONDITIONAL USE APPLICATION CU10-01 CLASSIC HUMMER Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Conditional Use Application CU 10-01 had been filed by Classic Hummer requesting a conditional use permit to amend the site plan approved by Ordinance No. 2008-55 for the addition of 1,300 square feet to the existing parts distribution facility. The subject property is located at 2501 William D. Tate Avenue and is zoned "PID" Planned Industrial Development District. Mr. Ron Hamm requested favorable consideration of the application. Brief discussion ensued relative to the location of sidewalks and parking around the addition to the facility. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Fry, seconded by Commissioner Lowery, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Lowery; Hotelling, Fechter & Martin Nays: None Council Member Coy,seconded by Council Member Spencer,offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wiilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 4: PUBLIC HEARING PLANNED DEVELOPMENT OVERLAYAPPLICATION PD10-01 TOWNHOMES OF WESTGATE Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Planned Development Overlay Application PD10-01 had been filed by Townhomes of Westgate requesting a planned development overlay to amend the site plan approved by Ordinance No. 2006-72 to relocate the existing masonry fence on two lots. The subject property is located at 2252 and 2256 Churchill Loop and is zoned °R-TH" Townhouse District Regulations. Mr. Kosse Maykus requested favorable consideration of the application noting the new masonry wall would be constructed at the property line creating a fifteen foot rear yard setback for the townhome. 3 02/16/10 Brief Planning &Zoning Commission discussion ensued relative to easement access and that the applicant had written acceptance of the change from the adjacent property owner. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Martin, seconded by Commissioner Lowery, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Lowery, Hotelling, Fechter& Martin Nays: None 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, Lease & Coy Nays: None Note: Mayor Tate recused himself from the meeting. Mayor Pro Tem Wilbanks conducted the following public hearing. ITEM 5, HEARING, SPECIAL USE PERMIT APPLICATION SU09-10 CHESAPEAKE ENERGY Mayor Pro Tem Wilbanks declared the public hearing open. Planning & Development Manager Stombaugh reported that Special Use Permit Application SU09-10 had been filed by Chesapeake Energy requesting a special use permit for gas well drilling. The subject property is located at 650 Westport Parkway and is zoned "BP" Business Park District. The applicant proposes four gas wells on a 4.2 acre pad site on the subject property. The applicant is seeking a variance of 325 feet to the 500 foot setback requirement from an established property line to the east which would allow a 175 foot setback. The applicant proposes a six foot masonry screening wall around the gas well site and will install landscaping 90 days after the first well is drilled. No frac pond is proposed as water for the fracing process will be piped from the A. C. Stone South drilling site to the subject location. Ms. Mercedes Bolen requested favorable consideration of the application. She reviewed facts regarding air emissions in the Barnett Shale and the TCEQ environmental compliance monitoring that is in place near oil and gas activity in the Metroplex. She noted the site would be in compliance with the City's ordinance by having a six foot chain link fence on the north and east sides of the site (to allow maneuverability of the equipment during the drilling process) and a masonry screening wall on the south and west sides of the site. She stated the first well is proposed for March, with an estimated completion date of all four wells by 2012. 4 02/16/10 Discussion ensued relative to the proposed height of the screening walls and landscaping around the site. Ms. Bolen responded they would comply with the City's ordinance. Mayor Pro Tem Wilbanks invited guests present to comment regarding the application. Mr. Fred Joyce, 1551 Stone Parkway, expressed concern regarding the size of the pad site after the drilling is completed. Ms. Bolen noted it would be reduced by approximately 2 acres. City Secretary Huff reported the Council and Commission had been copied the one letter of support for the application. Commissioner Fry, seconded by Commissioner Fechter, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Lowery, Hotelling, Fechter& Martin Nays: None Council Member Stewart, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Abstain: Tate Note: Mayor Pro Tern Wilbanks returned the meeting to Mayor Tate. 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 6. UPDATE, WATER AND WASTEWATER PLANTS Public Works Director Matt Singleton briefed the City Council on recent improvements implemented at the Water and Wastewater Plants to improve operations,save money and become more efficient. He reviewed the following improvements to the plants: replace aging and failing equipment; reduce odor and energy consumption; and technological improvements. Public Works Director Singleton introduced the City Staff responsible for implementing the improvements: Assistant Director of Public Works Ramana Chinnakotla; Utilities Manager 5 02/16/10 Kent Conkle; Chief Water Plant Operator Karl Schielig; Chief Waste Water Plant Operator Chris Eubanks and Assistant Chief Plant Operator Jamshid Didehbani. There was no formal action taken by the City Council. ITEM 7. PUBLIC HEARING 36T" YEAR COMMUNITY DEVELOPMENT BLOCK GRANT.(CDBG) PROGRAM Mayor Tate declared the public hearing open. Public Works Deputy Director Stan Laster reviewed the 36th Year Community Development Block Grant (CDBG) Program for waterline replacement in the 400 — 700 block of West Vine Street located in the Bellaire Addition and replacement of water service lines in the Oak Creek Estates Addition. He noted there were citizen comment forms available at the back of the Council Chambers. These improvements will contribute to the upgrade of the areas by providing an improved water system and water service to the residences. Mr. Laster stated the estimated cost for the project is $390,152.00. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Motion by Mayor Pro Tern Wilbanks, seconded by Council Member Lease, to close the public hearing prevailed by the following vote: .Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Public Works Deput Director Laster requested authorization for Staff to proceed with the submittal of the 36" Year Community Development Block Grant Program to Tarrant County. Motion by Mayor Pro Tern Wilbanks, seconded by Council Member Freed,to authorize the submittal of the CDBG program to Tarrant County prevailed by the following vote: Aye's: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM_8. GUARANTEED MAXIMUM PRICE, BRYNE CONSTRUCTION, CONVENTION & VISITORS BUREAU HEADQUARTERS AND MUSEUM COMPLEX Convention & Visitors Bureau Director P. W. McCallum recommended approval of the Guaranteed Maximum Price along with the Alternate Summary Log as presented byBryne Construction in the amount of $9,739,636.00 for the construction of the Convention & Visitors Bureau Headquarters and Museum Complex. Mr. McCallum expressed appreciation to ArchiTexas, Bryne Construction, Public Works Director Matt Singleton and his Staff for their commitment in bringing the project in under budget. Mr. McCallum 6 02/16/10 recommended approval of the Guaranteed Maximum Price of$9.7 million along with the Alternates Schedule as well as an additional $60,362 to bring the total price to$9.8 million. He stated that some interior finishes had been cut in order to not compromise the exterior of the building, but that he would probably be back before the Council in the next budget process to add some interior finish work. Council Member Spencer commended ArchiTexas, Bryne Construction and the City Staff team for their effort in bringing the project forward. She noted that this building will be the last icon built in the township. Council Member Freed stated the building will have museum and meeting space, as well as other areas, to be utilized by the public. Mr. McCallum stated that less than 40% of the building will be used for Convention & Visitors Bureau offices. Motion by Council Member Spencer, seconded by Council Member Lease, to approve the Guaranteed Maximum Price along with the Alternate Summary Log as presented by B yne Construction in the amount of$9.8 million and to expect to see Mr. McCallum back in some months ahead for another request. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 9. AUTHORIZE PURCHASE FIREARMS AND ACCESSORIES Police Chief Eddie Salame recommended approval of the purchase of firearms and accessories from GT Distributors for use by the Police Department in the total amount of $40,250.40. Standardization of handguns creates uniformity, increases interoperability, and allows for cost-saving bulk purchases of parts, accessories, and related equipment. Motion by Mayor Pro Tern Wilbanks, seconded by Council Member Stewart,to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 10. AUTHORIZE PURCHASE FIREARM HOLSTERS AND MAGAZINE HOLDERS Police Chief Salame recommended approval of the purchase of firearm holsters and magazine holders from GST Public Safety for use by the Police Department in the amount of $25,278.25. The standardization of handguns used by all officers will require the purchase of holsters and magazine carriers that will create uniformity, increase interoperability, and benefit the City through the cost-savings achieved through bulk purchases. 7 02/16/10 Motion by Council Member Coy, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 11. RESOLUTION AUTHORIZE PURCHASE BRICKS FOR GAZEBO PEDESTRIAN ENHANCEMENT PROJECT Assistant Director of Parks Kevin Mitchell recommended approval of a resolution authorizing a sole source purchase from Acme Brick Company of bricks for the Gazebo Pedestrian Enhancement Project in an amount not to exceed $17,438.00. The project will provide a more pedestrian friendly, accessible environment with an historic feel to . complement the Main Street Pedestrian Enhancement Project nearing completion. Motion by Council Member Spencer, seconded by Council I\4ember Goy, to approve the resolution as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2010-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE,TEXAS,AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO DECLARE ACME BRICK COMPANY A SOLE SOURCE PROVIDER FOR RUMBLED FULL RANGE PEDISTRIAN BRICK PAVERS AND PURCHASE THE BRICK FROM ACME BRICK COMPANY AND PROVIDING AN EFFECTIVE DATE CONSENT AGENDA The next order of business for the City Council was to consider the consent agenda items, which were deemed to need little or no discussion and were acted upon as one business item. Mayor Tate asked if there was any member of the audience or the City Council who wished to remove an item from the consent agenda for full discussion. Council Member Coy removed Item 13 One-Year Extension to Special Use Permit SU08-05 Chesapeake Energy; City Manager Rumbelow removed Item 14 Adopt-An-Area Agreements, Grapevine Sister City Program and 18000OTJUNK; and Council Member Spencer removed Item 15 Consideration of Minutes. Item_1.2. . .. .__Second and Final Reading, Ordinance No... 2010-03 DFW Industrial Park Development Services Director recommended approval of the second and final reading of Ordinance No. 2010-03 granting Conditional Use Permit CU09-47 filed by DFW Industrial 8 02/16/10 Park establishing a planned industrial park on property located at 1702 and 1712 Minters Chapel Road. The subject property is zoned "Ll° Light Industrial District. Motion by Council Member Freed, seconded by Mayor Pro Tern Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2010-03 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 CU09-47 FOR A PLANNED INDUSTRIAL PARK IN A DISTRICT ZONED"LI"LIGHT INDUSTRIAL 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;AND PROVIDING AN EFFECTIVE DATE ITEM 13. AUTHORIZE ONE-YEAR EXTENSION SPECIAL USE PERMIT SU08-05 CHESAPEAKE ENERGY Note: Mayor Tate recused himself from the meeting. Mayor Pro Tern Wilbanks conducted discussion of the following item. Council Member Coy removed this item from the consent agenda. Development Services Director recommended approval of a one-year extension to expire on December 16, 2010 to Chesapeake Energy Special Use Permit SU08-05 for gas well drilling on property located at 3740 Euless-Grapevine Road. 9 02/16/10 Council Member Coy requested Chesapeake Energy to meet the same agreement as the last extension on a well by Great Wolf Lodge that required screening and landscaping be all around the site within 60 days of drilling. Mr. Jonathan Faughtenberry, representing Chesapeake Energy, stated they preferred to keep the plan as approved. Motion by Council Member Coy, seconded by Council Member Spencer, to approve the extension with the condition that within 60 days of completion of drilling of the first well,the masonry wall and landscaping all around shall be completed. The motion prevailed by the following vote: Ayes: Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Abstain: Tate Note: Mayor Pro Tem Wilbanks returned the meeting to Mayor Tate. ITEM 14. APPROVE ADOPT-AN-AREA AGREEMENTS GRAPEVINE SISTER CITY PROGRAM AND 1800GOTJUNK City Manager Bruno Rumbelow removed the item from the consent agenda. Advisory Board and Parks&Recreation Director recommended approval of Adopt-An-Area Agreements with the Grapevine Sister City Program for Northwest Highway from Main Street to Dove Road and for 180000TJUNK for Mustang Drive from William D. Tate Avenue to Tanglewood Drive. Parks & Recreation Director Doug Evans stated that with the adoption of the two recommended groups, there will be 57 groups in the City helping to keep our City clean. Motion by Mayor Pro Tern Wilbanks, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes` Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 15. CONSIDERATION OF MINUTES Council Member Spencer made a motion to approve the minutes of the February 2, 20.10 City Council meetings with an amendment to the Workshop minutes to reflect that the"tree lighting at the Gazebo would be on Tuesday before Thanksgiving". Council Member Coy offered a second to the motion which prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 10 02/1 6/10 ITEM 16. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z10-01 KNEAREM ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Zoning Application Z10-01 filed by Scott Timothy Knearem granting rezoning of 0.458 acres from `R-20" Single Family District Regulations to "R-7.5" Single Family District Reglations for the development of two residential lots. The subject property is located at 1586 South Gravel Road. Council Member Stewart, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the first reading of the ordinance granting the rezoning. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 17. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU10-01 CLASSIC HUMMER Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU 10-01 filed by Classic Hummer granting a conditional use permit to amend the site plan approved by Ordinance No. 2008-55 for an addition to the existing parts distribution facility. The subject property is located at 2501 William D. Tate Avenue and is zoned "PID" Planned Industrial Development District, Mayor Pro Tern Wilbanks, seconded by Council Member Coy, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2010-04 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 CU 10-01 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2008-55, TO EXPAND THE PARTS BUILDING 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 11 02/16/10 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 18. PLANNING & ZONING COMMISSION RECOMMENDATION PLANNED DEVELOPMENT OVERLAY PD10-01 TOWNHOMES OF WESTGATE Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Planned Development Overlay PD10-01 filed by Townhomes of Westgate granting a planned development overlay to amend the site plan approved by Ordinance No. 2006-72 to relocate the existing masonry fence on two lots. The subject property is located at 2252 and 2256 Churchill Loop and is zoned "R-TH" Townhouse District Regulations. Council. Member Freed, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation and approve the ordinance granting the planned development overlay. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2010-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE; TEXAS, ISSUING A PLANNED DEVELOPMENT OVERLAY IN ACCORDANCE WITH SECTION 41 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING PLANNED DEVELOPMENT OVERLAY PD10-01 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2006-72 FOR RELOCATION OF A MASONRY SCREENING WALL 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 12 02/16/10 OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS PLANNED DEVELOPMENT OVERLAY PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Note: Mayor Tate recused himself from the meeting. Mayor Pro Tern Wilbanks conducted the following discussion. ITEM. 19. . ..PLANNING & ZONING COMMISSION RECOMMENDATION SPECIAL.USE APPLICATION SU09-01 CHESAPEAKE ENERGY Chairman Oliver reported the Planning & Zoning Commission voted 5-2 for approval of Special Use Application SU09-10 filed by Chesapeake Energy with the following conditions: a 6-8 foot screened chain link fence during the drilling phase; a 6 foot masonry wall on west and south side of site within 90 days of drilling of first well; a 6 foot masonry wall on north and east side within 90 days of last well drilled no later than December 31, 2012 and a sprinkler system.. Approval grants a special use permit for gas well drilling on property located. at 650 Westport Parkway and zoned `BP" Business Park District. Council Member Freed, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation with the conditions and approve the ordinance granting the special use permit. The motion prevailed by the following vote: Ayes: Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Abstain: Tate ORDINANCE NO. 2010-06 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 SU09-10 FOR GAS WELL DRILLING AND PRODUCTION IN A DISTRICT ZONED "BP" BUSINESS PARK DISTRICT UNDER CITY OF GRAPEVINE ORDINANCE NO. 82-73 ALL IN ACCORDANCE 13 02/16/10 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 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 Note: Mayor Pro Tern Wilbanks returned the meeting to Mayor Tate. ITEM 20. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1 R-1 AND 1 R-2 DFW INDUSTRIAL PARK, PHASE III Chairman Oliver reported the Planning &Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 1 R-1 and 1 R-2, DFW Industrial Park, Phase lll: The 3.6 acre property is located at 1702 and 1712 Minters Chapel Road and is being platted to divide property to sell buildings. Council Member Stewart, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lots 1 R-1 and 1 R-2, DFW Industrial Park, Phase Ill. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 21. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT A. C. STONE NORTH (LAZY AND STONE MYERS) Chairman Oliver reported the Planning &Zoning Commission voted 7-0 for approval of the Statement of Findings and the preliminary plat of A. C. Stone North (Lazy and Stone Myers). The 13.37 acre property is located at 650 Westport Parkway and is being platted to drill gas wells. The subject property is zoned `BP" Business Park District. Council Member Freed, seconded by Council MemberCoy, offered a motion to acceptthe Commission's recommendation and approve the Statement of Findings and the preliminary plat of A. C. Stone North (Lazy and Stone Myers). The motion prevailed by the following vote: 14 02/16/10 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 22. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT A. C. STONE NORTH LAZY AND STONE MYERS Chairman Oliver reported the Planning &Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of A. C. Stone North (Lazy and Stone Myers). The 4.53 acre property is located at 650 Westport Parkway and is being platted to drill gas wells. The subject property is zoned "BP" Business Park District. Council Member Lease, seconded by Council Member Spencer,offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of A. C. Stone North (Lazy and Stone Myers). The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ADJOURNMENT Mayor Pro Tem Wilbanks, seconded by Council Member Coy, offered a motion to adjourn the meeting at 9:20 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2nd day of March, 2010. APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary 15