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HomeMy WebLinkAbout2009-09-15 Joint Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING WORKSHOP TUESDAY, SEPTEMBER 15, 2009 AT 6:30 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER 1. Update on 2009 GrapeFest itinerary. 2. Discuss Oncor tree trimming issues in Grapevine and at Nash Farm. 3. Discuss improvements at the Vineyards Campground. 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)410-3182 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 Workshop Agenda was prepared and posted on this the 11th day of September, 2009 at 5:00 p.m. /�.� Lind. Huff /i City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 15th day of September, 2009 at 6:30 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 John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the workshop to order at 6:35 p.m. ITEM 1. 2009 GRAPEFEST ITINERARY Gayle Hall, Director of Festivals and Events, briefed the City Council regarding the upcoming events during the 23rd GrapeFest. ITEM 2. DISCUSS ONCOR TREE TRIMMING Mr. Carlos De La Torre and Mr. Larry Baldwin, representing ONCOR, addressed the Council's issues regarding tree trimming in the City that resulted from the June 10 severe storm. Their tree trimming policy is based on factors of safety, growth and sway equaling 10' 4" and it is ONCOR's plan to get on a four year tree trimming schedule. Residents are provided a phone number on door hangers advising of tree trimming in their area. The City has been provided an educational brochure for citizens titled: "Plan Before You Plant". It was noted that to bury the Nash Farm utility lines along College Street with the City providing the civil work is estimated at $23,000.00 There was no formal action taken by the City Council. 09/15/09 ITEM 3. DISCUSS IMPROVEMENTS, VINEYARDS CAMPGROUND Parks & Recreation Director Doug Evans presented the proposed concept plan for improvements at the Vineyards Campground. He reviewed the projected cost estimates for the improvements that include new camp sites, cabins and a camp store. There was no formal action taken by the City Council. ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the workshop at 7:10 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 6th day of October, 2009. APPROVED: 4t25; owe* William D. Tate ATTEST: 401 6' Lind. Huff art City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, SEPTEMBER 15, 2009 AT 7:00 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER EXECUTIVE SESSION 1. City Council to conduct a closed session relative to: A. Conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate and expand in the City; with which businesses the City is conducting economic development negotiations pursuant to Section 551.087, Texas Government Code. City Council to reconvene in open session and take any necessary action relative to conference with employees under Section 551.087, 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)410-3182 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 11th day of September, 2009 at 5:00 p.m. a‘k:deez., Linda Huff City Secretary 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 15th day of September, 2009 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 John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:10 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding: (A) conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate and expand in the City; with which businesses the City is conducting economic development negotiations under Section 551.087, Texas Government Code. Upon reconvening in open session in the Council Chambers, Mayor Tate asked if there was any action necessary relative to the closed session. City Manager 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. 09/15/09 ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Stewart, offered a motion to , adjourn the meeting at 9:30 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 6th day of October, 2009. APPROVED: William D. Tate Mayor ATTEST: pew - Lind: Huff ff City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL PLANNING & ZONING COMMISSION MEETING TUESDAY, SEPTEMBER 15, 2009 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE: Commissioner Gary Martin JOINT PUBLIC HEARINGS 1. City Council and Planning &Zoning Commission to conduct a public hearing relative to Zoning Application Z09-04, Conditional Use Application CU09-21 (Aloft Hotel), Conditional Use Application CU09-22 (Courtyard by Marriot), Conditional Use Application CU09-23 (Renaissance Hotel). The applications were filed by Silver Lake Crossings for property located at the intersection north of State Highway 26 and Bass Pro Court. The zoning application requests rezoning of approximately 21.1 acres from "CC" Community Commercial District Regulations to "MXU" Mixed Use District Regulations for development of three hotel sites, multifamily complex and parking garage. The conditional use applications are for the possession, storage, retail sale and on-premise consumption of alcoholic beverages(beer,wine and mixed beverages) in conjunction with three hotels. Applicant requests to withdraw without prejudice. 2. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU09-20. The application was filed by Bank of the West requesting a conditional use permit to amend the site plan approved by Ordinance No. 2006-76 for a planned office center on property located at 108 West Northwest Highway. The subject property is zoned "HC" Highway Commercial District. Applicant requests to withdraw without prejudice. 3. City Council and Planning &Zoning Commission to conduct a public hearing relative to Zoning Application Z09-05 filed by World Villages of Grapevine requesting rezoning of 16.06 acres located at 3545, 3570 and 3575 Dream Gardens Way from "CC" Community Commercial District Regulations to "MXU" Mixed Use District Regulations for development of three apartment buildings and an office/retail building. 4. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU09-24 filed by Love and War in Texas requesting a conditional use permit to amend the site plan approved by Ordinance No. 99-165, for outside dining with outdoor speakers for live music in conjunction with the operation of a restaurant. The property is located at 2505 East Grapevine Mills Circle and is zoned "CC" Community Commercial District Regulations. 5. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU09-28 filed by Rainbow Plants requesting a conditional use permit to amend the site plan approved by Ordinance No. 2006-79 for an outdoor farmer's market to be located on the parking lot of property located at 3000 Grapevine Mills Parkway #700. The property is zoned "CC" Community Commercial District Regulations. 6. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU09-29 filed by Grapevine Ford requesting a conditional use permit for an automotive dealership with sales and service of new and used vehicles, a 40-foot pole sign and two monument signs. The property is located at 801 East State Highway 114 and is zoned "PCD" Planned Commerce Development District. 7. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU09-30 and the final plat application of Lots 1 and 2, Block 1, VTG Grapevine being a replat of Lot 1R1, Block 1, amended plat of Autonation Ford and Lot 1R, Block A, Tigue Grapevine Addition. The applications were filed by Texas Toyota requesting a conditional use permit for an automotive dealership with sales and service of new and used vehicles and two pole signs. The subject property is located at 701 East State Highway 114 and is zoned "PCD" Planned Commerce Development District. 8. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU09-32 filed by Courtyard by Marriott and the final plat application of Lot 1, Block 1, Silver Lake Crossings Addition being a replat of a portion of Lots 1 and 2, Block 1, The Bluffs at Grapevine and a plat of unplatted tracts of land in the A. W. Anderson Survey, Abstract No. 26. The conditional use application requests a permit for a hotel with the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer,wine and mixed beverages) in conjunction with a restaurant, outdoor speakers and a 20-foot pole sign. The property is located at 2100 Bass Pro Court and is zoned "CC" Community Commercial District Regulations. 9. City Council and Planning &Zoning Commission to conduct a public hearing relative to Special Use Application SU09-06 filed by Chesapeake Energy requesting a special use permit for gas well drilling and production on property located at 2720 North Grapevine Mills Boulevard. The subject property is zoned "HCO" Hotel and Corporate Office District. END OF JOINT PUBLIC HEARINGS Planning & Zoning Commission to recess to Planning & Zoning Commission Conference Room, Second Floor 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 disability that requires special arrangements at the meeting, please contact the City Secretary's Office at(817)410-3182 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 11th day of September,2009 at 5:00 p.m. Lind- Huff �1 City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, SEPTEMBER 15, 2009 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CITIZEN COMMENTS NEW BUSINESS 10. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 8 Courts and Criminal Procedures relative to establishing a Municipal Court Technology Fee and take any necessary action. 11. Consider an ordinance abandoning a portion of Bass Pro Drive right of way west of State Highway 26 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. 12. Consider a resolution authorizing the sole source purchase from Facility Wizard Software of a Work Order Software System for Facility Services. Public Works Director recommends approval. 13. Consider authorizing a contract for EMS Medical Services with Dr. Roy Yamada, M.D. F.A.C.E.P. Fire Chief recommends approval. 14. Consider approval of a maintenance agreement with SHI Government Solutions, Inc. for various network software licenses. Information Technology Director recommends approval. 15. Consider a resolution declaring SirsiDynix, Inc. a sole source provider and renewal of the services and maintenance contract for the Library Information System. Library Director recommends approval. 16. Consider the minutes of the September 9, 2009 City Council meetings as published. City Secretary recommends approval. 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 er- following the conclusion of the executive session. PLANNING & ZONING COMMISSION RECOMMENDATIONS 17. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z09-05 (World Villages of Grapevine) and a subsequent ordinance, if applicable. 18. Consider the recommendation of the Planning &Zoning Commission relative to the final plat of Lot 1, Block 1 and Lot 1, Block 2,World Villages of Grapevine, Phase 1 and take any necessary action. 19. Consider the recommendation of the Planning &Zoning Commission relative to the final plat of Lot 1, Block 3, World Villages of Grapevine, Phase 3 and take any necessary action. 20. Consider the recommendation of the Planning & Zoning Commission relative to CU09-24 (Love and War in Texas) and a subsequent ordinance, if applicable. 21. Consider the recommendation of the Planning & Zoning Commission relative to CU09-28 (Rainbow Plants) and a subsequent ordinance, if applicable. 22. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU09-29 (Grapevine Ford) and a subsequent ordinance, if applicable. 23. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU09-30 (Texas Toyota)and a subsequent ordinance, if applicable. 24. Consider the recommendation of the Planning&Zoning Commission relative to the final plat of Lots 1 and 2, Block 1, VTG Grapevine and take any necessary action. 25. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU09-32 (Courtyard by Marriott) and a subsequent ordinance, if applicable. 26. Consider the recommendation of the Planning &Zoning Commission relative to the preliminary plat of Silver Lake Crossings Addition and take any necessary action. 27. Consider the recommendation of the Planning &Zoning Commission relative to the final plat of Lot 1, Block 1, Silver Lake Crossings Addition and take any necessary action. 28. Consider the recommendation of the Planning & Zoning Commission relative to Special Use Application SU09-06 (Chesapeake Energy) and a subsequent ordinance, if applicable. 29. Consider the recommendation of the Planning &Zoning Commission relative to the preliminary plat of Grapevine Mills Wells and take any necessary action. 30. Consider the recommendation of the Planning &Zoning Commission relative to the final plat of Lot 1, Block 1, Grapevine Mills Wells and take any necessary action. 31. Consider the recommendation of the Planning&Zoning Commission relative to the preliminary plat of Lots 1 and 2, Block 1, South Turner Addition and take any necessary action. 32. Consider the recommendation of the Planning &Zoning Commission relative to the final plat of Lots 1 and 2, Block 1, South Turner Addition and take any necessary action. 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)410-3182 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 11th day of September, 2009 at 5:00 p.m. I_ Lid: Huff City Secretary AGENDA CITY OF GRAPEVINE SPECIAL BRIEFING SESSION PLANNING & ZONING COMMISSION TUESDAY, SEPTEMBER 15, 2009 AT 7:00 P.M. PLANNING & ZONING CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER WORK SESSION 1. Planning & Zoning Commission to conduct a briefing session to discuss items scheduled to be heard in the September 15, 2009 public hearing. ADJOURNMENT If you plan to attend this briefing session and you have a disability that requires special arrangements at the meeting, please contact the office of Development Services at (817) 410-3154 at least 24 hours in advance. 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 Planning and Zoning Commission Briefing Session Agenda was prepared and posted on this the 11th day of September, 2009 at 5:00 p.m. Lin Huff City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, SEPTEMBER 15, 2009 AT 7:30 P.M. PLANNING & ZONING COMMISSION CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET NEW BUSINESS 1. Consider Zoning Application Z09-05 (World Villages of Grapevine) and make a recommendation to the City Council. 2. Consider the final plat of Lot 1, Block 1 and Lot 1, Block 2, World Villages of Grapevine, Phase 1 and make a recommendation to the City Council. 3. Consider the final plat of Lot 1, Block 3, World Villages of Grapevine, Phase 3 and make a recommendation to the City Council. 4. Consider Conditional Use Application CU09-24(Love and War in Texas)and make a recommendation to the City Council. 5. Consider Conditional Use Application CU09-28 (Rainbow Plants) and make a recommendation to the City Council. 6. Consider Conditional Use Application CU09-29 (Grapevine Ford) and make a recommendation to the City Council. 7. Consider Conditional Use Application CU09-30 (Texas Toyota) and make a recommendation to the City Council. 8. Consider the final plat of Lots 1 and 2, Block 1, VTG Grapevine and make a recommendation to the City Council. 9. Consider Conditional Use Application CU09-32 (Courtyard by Marriott)and make a recommendation to the City Council. 10. Consider the preliminary plat of Silver Lake Crossings Addition and make a recommendation to the City Council. 11. Consider the final plat of Lot 1, Block 1, Silver Lake Crossings Addition and make a recommendation to the City Council. 12. Consider Special Use Application SU09-06 (Chesapeake Energy) and make a recommendation to the City Council. 13. Consider the preliminary plat of Grapevine Mills Wells and make a recommendation to the City Council. 14. Consider the final plat of Lot 1, Block 1, Grapevine Mills Wells and make a recommendation to the City Council. 15. Consider the preliminary plat of Lots 1 and 2, Block 1, South Turner Addition and make a recommendation to the City Council. 16. Consider the final plat of Lots 1 and 2, Block 1, South Turner Addition and make a recommendation to the City Council. CONSIDERATION OF MINUTES 17. Consider the minutes of the July 21 and August 18, 2009 Planning & Zoning Commission meetings and take any necessary action. 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)410-3182 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 11th day of September, 2009 at 5:00 p.m. ,■r Lin*a Huff // City Secretary ter; 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 September, 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 Tem 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 Monica Hotelling Member Jim Fechter Member Gary Martin Member Wayne Szot Alternate Elaine Martin Alternate constituting a quorum, with Commissioner Mark Lowery absent, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:36 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner G. Martin delivered the Invocation and led the Pledge of Allegiance. Note: Mayor Tate announced that Item 9 Special Use Application SU09-06 Chesapeake Energy would be considered prior to the other items on the agenda. 09/15/09 ITEM 1. PUBLIC HEARING, ZONING APPLICATION Z09-04, CONDITIONAL USE APPLICATION CU09-21 (ALOFT HOTEL), CONDITIONAL USE . APPLICATION CU09-22 (COURTYARD BY MARRIOT), CONDITIONAL USE APPLICATION CU09-23 (RENAISSANCE HOTEL) Mayor Tate declared the public hearing open. Planning & Development Manager Ron Stombaugh reported that the applicant had requested withdrawal without prejudice of Zoning Application Z09-04, Conditional Use Application CU09-21 (Aloft Hotel), Conditional Use Application CU09-22 (Courtyard by Marriot), Conditional Use Application CU09-23(Renaissance Hotel). The applications were filed by Silver Lake Crossings for property located at the intersection north of State Highway 26 and Bass Pro Court. The zoning application requests rezoning of approximately 21.1 acres from "CC" Community Commercial District Regulations to"MXU" Mixed Use District Regulations for development of three hotel sites, multifamily complex and parking garage. The conditional use applications are for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with three hotels. Commissioner E. Martin, seconded by Commissioner Wilson, offered a motion to approve the applicant's request for withdrawal without prejudice. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, G. Martin & E. Martin Nays: None Absent: Lowery Council Member Stewart, seconded by Council Member Coy, offered a motion to approve the applicant's request for withdrawal without prejudice. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 2. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU09-20 BANK OF THE WEST Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Bank of the West had requested to withdraw without prejudice Conditional Use Application CU09-20. The application requested a conditional use permit to amend the site plan approved by Ordinance No. 2006-76 for a planned office center on property located at 108 West Northwest Highway. The subject property is zoned "HC" Highway Commercial District. 2 09/15/09 Commissioner Wilson, seconded by Commissioner Fechter, offered a motion to approve the applicant's request for withdrawal without prejudice. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, G. Martin & E. Martin Nays: None Absent: Lowery Mayor Pro Tern Wilbanks, seconded by Council Member Lease, offered a motion to approve the applicant's request for withdrawal without prejudice. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 3. PUBLIC HEARING,ZONING APPLICATION Z09-05 WORLD VILLAGES OF GRAPEVINE Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Zoning Application Z09-05 had been filed by World Villages of Grapevine requesting rezoning of 16.06 acres located at 3545, 3570 and 3575 Dream Gardens Way from "CC" Community Commercial District Regulations to "MXU" Mixed Use District Regulations for development of three apartment buildings and office/retail buildings. The applicant proposes to develop three, four-story apartment buildings with a total of 352 units and a multi-tenant retail/office structure. Parking will be both surface and partial below-grade. Density for the proposed apartment project is 37.8 units per acre. In addition to the apartment project, three multi-story, multi-tenant office/retail structure components are proposed to be wrapped around a four-level parking garage. The ground floor of each of these buildings will be utilized for retail only and the second through forth floors will be devoted to office related uses. The garage will contain parking for 932 vehicles. Mr. Sherman Thurston requested favorable consideration of the application noting there would be approximately 53,635 square feet of retail space with approximately 141,859 square feet of office space. Discussion ensued concerning the overall density of the proposed development. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and City Secretary Huff reported the Council and Commission had been copied the one letter of support for the proposal. 3 09/15/09 Commissioner Fry, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, G. Martin & E. Martin Nays: None Absent: Lowery 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, Lease & Coy Nays: None ITEM 4. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU09-24 LOVE AND WAR IN TEXAS Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Conditional Use Application CU09-24 had been filed by Love and War in Texas requesting a conditional use permit to amend the site plan approved by Ordinance No. 99-165, for outside dining with outdoor speakers for live music in conjunction with the operation of a restaurant. The property is located at 2505 East Grapevine Mills Circle and is zoned "CC" Community Commercial District Regulations. A portion of the existing parking lot will be converted for use as dining for 150 patrons, a performance area and will be screened by an eight foot wooden fence. The required parking for 500 patrons (indoor and outdoor) is 167 of which 148 parking spaces are on site and 25 spaces will be utilized at the adjacent Discount Tire after they have closed. The applicant also requests to use outdoor speakers for the performances. Mr. Tye Phillips requested favorable consideration of the application noting the hours for the outside speakers would be 9 p.m. to 12 a.m. on Thursday, Friday and Saturday only. City Council and Planning&Zoning Commission questioned the need for outdoor speakers and the affect they would have on adjacent neighbors. Mr. Phillips responded there would not be any concerts, just song writers and their stories. Mayor Tate invited guests present to comment regarding the application. 1. Mr. K. D. Tuck Whitaker, Pastor of the Cowboy Heritage Church, that meets at Love and War every Sunday morning, expressed his support for the proposal. 2. Mr. Mike Morris, 849 Riverside Drive North, expressed his support for the request noting that it is a family venue for song writers to present their material. City Secretary Huff reported the Council and Commission had been copied the one letter of support. ., . 4 09/15/09 Commissioner E. Martin, seconded by Commissioner G. Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, G. Martin & E. Martin Nays: None Absent: Lowery Council Member Lease, 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, Lease & Coy Nays: None ITEM 5. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU09-29 RAINBOW PLANTS Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Rainbow Plants had requested to withdraw Conditional Use Application CU09-28. The application requested a conditional use permit to amend the site plan approved by Ordinance No. 2006-79 for an outdoor farmer's market to be located on the parking lot of property located at 3000 Grapevine Mills Parkway #700. The property is zoned "CC" Community Commercial District Regulations. Commissioner Wilson, seconded by Commissioner Hotelling, offered a motion to approve the withdrawal of the application. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, G. Martin & E. Martin Nays: None Absent: Lowery Council Member Freed, seconded by Council Member Coy, offered a motion to approve the withdrawal of the application. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 6. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU09-29 GRAPEVINE FORD Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Conditional Use Application CU09-29 had been filed by Grapevine Ford requesting a conditional use permit for an 5 09/15/09 automotive dealership with sales and service of new and used vehicles, a 40-foot pole sign moo and two monument signs. The property is located at 801 East State Highway 114 and is zoned "PCD" Planned Commerce Development District. The subject site is the current location of the Texas Toyota automotive dealership. This dealership and the adjacent Grapevine Ford automotive dealership to the west are under the same ownership and the owner intends to switch dealership locations. The Grapevine Ford dealership will relocate both their 35-foot pole sign and 24-foot pole sign to new locations along the State Highway 114 service road at the new dealership location. 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 City Secretary Huff reported there was one letter of support copied to the Council and Commission. 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, G. Martin & E. Martin Nays: None Absent: Lowery Council Member Stewart, seconded by Council Member Coy, 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 ITEM 7. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU09-30 TEXAS TOYOTA, FINAL PLAT LOTS 1 AND 2, BLOCK 1, VTG GRAPEVINE, REPLAT OF LOT 1R1, BLOCK 1, AMENDED PLAT OF AUTONATION FORD AND LOT 1R, BLOCK A, TIGUE GRAPEVINE ADDITION Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Texas Toyota had filed Conditional Use Application CU09-30 and the final plat application of Lots 1 and 2, Block 1, VTG Grapevine being a replat of Lot 1R1, Block 1, amended plat of Autonation Ford and Lot 1R, Block A, Tigue Grapevine Addition. The conditional use application requests a conditional use permit for an automotive dealership with sales and service of new and used vehicles and two pole signs. The subject property is located at 701 East State Highway 114 and is zoned "PCD" Planned Commerce Development District. The subject site is the current location of the Grapevine Ford automotive dealership. This dealership and the adjacent Texas Toyota automotive dealership to the east are under the same ownership 6 09/15/09 and the owner intends to switch dealership locations. The Texas Toyota dealership will be relocating their two pylon signs to a new location along the State Highway 114 service road at the new dealership location. 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 City Secretary Huff reported the Council and Commission had been copied the one letter of support. Commissioner Fechter, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, G. Martin & E. Martin Nays: None Absent: Lowery Mayor Pro Tem Wilbanks, 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 ITEM 8. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU09-32 COURTYARD BY MARRIOTT, FINAL PLAT, LOT 1, BLOCK 1, SILVER LAKE CROSSINGS ADDITION, REPLAT OF A PORTION OF LOTS 1 AND 2, BLOCK 1, THE BLUFFS AT GRAPEVINE AND A PLAT OF UNPLATTED TRACTS OF LAND, A. W. ANDERSON SURVEY, ABSTRACT NO. 26 Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh advised that Courtyard by Marriott had filed Conditional Use Application CU09-32 and application for the final plat of Lot 1, Block 1, Silver Lake Crossings Addition being a replat of a portion of Lots 1 and 2, Block 1, The Bluffs at Grapevine and a plat of unplatted tracts of land in the A. W. Anderson Survey, Abstract No. 26. The conditional use application requests a permit for a seven story, 301 room hotel with the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant, outdoor speakers, increased building height and a 20-foot pole sign. The property is located at 2100 Bass Pro Court and is zoned "CC" Community Commercial District Regulations. Mr. Mike Patel requested favorable consideration of the applications. 7 09/15/09 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 City Secretary Huff reported the Council and Commission had been copied the one letter of support. 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, Hotelling, Fechter, G. Martin & E. Martin Nays: None Absent: Lowery Council Member Stewart, seconded by Council Member Coy, 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: The following item was discussed at the beginning of the meeting. Mayor Tate recused himself from discussion of the item and turned the meeting over to Mayor Pro Tern Wilbanks ITEM 9. PUBLIC HEARING, SPECIAL USE APPLICATION SU09-06 CHESAPEAKE ENERGY This item was considered before Item 1. Mayor Pro Tem Wilbanks declared the public hearing open. Planning & Development Manager Stombaugh advised that Chesapeake Energy had requested that Special Use Application SU09-06 be tabled to the October 20, 2009 meeting. The application requests a special use permit for gas well drilling and production on property located at 2720 North Grapevine Mills Boulevard. The subject property is zoned "HCO" Hotel and Corporate Office District. Commissioner Fry, seconded by Commissioner Hotelling,offered a motion to table the item to the October 20, 2009 meeting. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, G. Martin & E. Martin Nays: None Absent: Lowery Council Member Coy, seconded by Council Member Lease, offered a motion to table the item to the October 20, 2009 meeting. The motion prevailed by the following vote: 8 09/15/09 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 10. ORDINANCE, AMEND CHAPTER 8 COURTS AND CRIMINAL PROCEDURES, TECHNOLOGY FEE Police Chief Eddie Salame recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 8 Courts and Criminal Procedures relative to establishing a $3.00 Municipal Court Technology Fee and repealing the Security Fee. The technology fee will fund the e-citation system that will benefit the Police Department and Municipal Court, as well as the Fire Department and Code Enforcement. Motion by Council Member Freed, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2009-36 AN ORDINANCE OF CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ESTABLISHING A MUNICIPAL COURT TECHNOLOGY FUND; PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A MUNICIPAL COURT TECHNOLOGY FEE;AMENDING THE GRAPEVINE CODE OF ORDINANCES, CHAPTER 8 COURTS AND CRIMINAL PROCEDURES, SECTION 8-13; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 11. ORDINANCE, ABANDON A PORTION OF BASS PRO DRIVE RIGHT OF WAY Deputy Director of Public Works Stan Laster recommended approval of an ordinance abandoning approximately a 1,000 linear feet portion of Bass Pro Drive right of way west of State Highway 26 for the planned development of a hotel complex. 9 09/15/09 Motion by Mayor Pro Tern Wilbanks, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2009-37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A PORTION OF BASS PRO DRIVE RIGHT OF WAY IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED 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. Item 13 Contract, EMS Medical Services was removed. Item 12. Resolution, Authorize Purchase, Work Order Software System Public Works Director recommended approval of a resolution authorizing the sole source purchase in the total amount of$23,380.00 from Facility Wizard Software of a Work Order Software System for Facility Services. 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, Lease & Coy Nays: None RESOLUTION NO. 2009-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE PURCHASE OF A WORK ORDER SOFTWARE SYSTEM AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS AND DOCUMENTS AND PROVIDING AN EFFECTIVE DATE ITEM 13. AUTHORIZE CONTRACT, EMS MEDICAL SERVICES This item was removed from the consent agenda by Mayor Pro Tern Wilbanks and discussed after Item 6. 10 09/15/09 Fire Chief Bass recommended approval of authorizing a contract for EMS Medical Services with Dr. Roy Yamada, M.D. F.A.C.E.P. for the total annual amount of $21,000.00. Chief Bass noted Dr. Yamada provides services to several Metroplex cities. Mayor Pro Tern Wilbanks requested that provisions for payment on a quarterly basis and a 90 day cancellation term be placed in the contract. Following discussion, Council Member Freed, seconded by Council Member Coy, offered a motion to approve the contract with amendments providing for quarterly payments and a 90 day cancellation term. The motion was approved by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 14. Approve Maintenance Agreement, Various Network Software Licenses Information Technology Director recommended approval of a maintenance agreement with SHI Government Solutions, Inc. in an amount not to exceed $31,739.00 for various network software licenses. 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, Lease & Coy Nays: None Item 15. Resolution, Renewal Services and Maintenance, Library Information System Library Director recommended approval of a resolution declaring SirsiDynix, Inc. a sole source provider and renewal of the services and maintenance contract for the Library Information System in an amount not to exceed $10,715.74. 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, Lease & Coy Nays: None RESOLUTION NO. 2009-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE PURCHASE OF A MAINTENANCE AGREEMENT; DETERMINING THAT THE MAINTENANCE IS AVAILABLE FROM ONLY ONE SOURCE AND AUTHORIZING THE CITY MANAGER TO EXECUTE 11 09/15/09 SAID CONTRACTS AND DOCUMENTS AND PROVIDING AN EFFECTIVE DATE Item 16. Consideration of Minutes City Secretary recommended approval of the minutes of the September 1, 2009 City Council meetings as published. 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, Lease & Coy Nays: None ITEM 17. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z09-05 WORLD VILLAGES OF GRAPEVINE Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Zoning Application Z09-05 with the following conditions: Z09-05, SP09-09, SP09-10, SP09-11 are approved with the condition that Lot 1, Block 2, Phase 1 and Lot 1, Block 3, Phase 1 shall apply for a building permit simultaneously and that the Certificate of Occupancy for the shell building for the retail buildings I, II and III and the parking garage on Lot 1, Block 3, Phase 1 shall be issued prior to the issuance of the Certificate of Occupancy for the residential project on Lot 1, Block 2, Phase 1. The application was filed by World Villages of Grapevine granting rezoning of 16.06 acres located at 3545, 3570 and 3575 Dream Gardens Way from "CC" Community Commercial District Regulations to "MXU" Mixed Use District Regulations for development of three apartment buildings and office/retail buildings. Council Member Spencer, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation with the conditions and approve the ordinance granting the rezoning. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart & Lease Nays: Freed & Coy ORDINANCE NO. 2009-38 AN ORDINANCE OF THE CITY COUNCIL 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 CITY CODE OF GRAPEVINE, TEXAS, GRANTING ZONING CHANGE Z09-05 ON A TRACT OF LAND OUT OF THE JAMES GIBSON SURVEY, ABSTRACT NO. 587, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF 12 09/15/09 GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS TO"MXU"MIXED USE DISTRICT REGULATIONS CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 18. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1, BLOCK 1 AND LOT 1, BLOCK 2, WORLD VILLAGES OF GRAPEVINE, PHASE 1 Chairman Oliver reported the Planning &Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1, Block 1 and Lot 1, Block 2, World Villages of Grapevine, Phase 1. The 122.387 acre property is located north of Grapevine Mills Boulevard North and east of Farm to Market 2499. The property is being platted to build an apartment complex. Mayor Pro Tern Wilbanks, seconded by Council Member Lease,offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 1, Block 1 and Lot 1, Block 2, World Villages of Grapevine, Phase 1. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart & Lease Nays: Freed & Coy ITEM 19. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1, BLOCK 3, WORLD VILLAGES OF GRAPEVINE, PHASE 3 Chairman Oliver reported the Planning &Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1, Block 3, World Villages of Grapevine, Phase 3. The 5.252 acre property is located north of Grapevine Mills Boulevard North and east of Farm to Market 2499 and is being platted to build an office/retail complex. 3 13 09/15/09 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 Lot 1, Block 3, World Villages of Grapevine, Phase 3. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart & Lease Nays: Freed & Coy ITEM 20. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU09-24 LOVE AND WAR IN TEXAS Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU09-24 filed by Love and War in Texas granting a conditional use permit to amend the site plan approved by Ordinance No. 99-165, for outside dining with outdoor speakers for live music in conjunction with the operation of a restaurant. The property is located at 2505 East Grapevine Mills Circle and is zoned "CC" Community Commercial District Regulations. Council Member Freed, 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: Wilbanks, Stewart, Freed, Lease & Coy Nays: Tate & Spencer ORDINANCE NO. 2009-39 0.: '. 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 CU09-24 AMENDING THE SITE PLAN APPROVED BY ORDINANCE. NO. 99-165 TO ALLOW OUTSIDE DINING WITH OUTDOOR SPEAKERS IN CONJUNCTION WITH A RESTAURANT IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND 14 09/15/09 THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 21. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU09-28 RAINBOW PLANTS This item was withdrawn during the public hearing portion of the meeting. ITEM 22. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU09-29 GRAPEVINE FORD Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU09-29 filed by Grapevine Ford granting a conditional use permit for an automotive dealership with sales and service of new and used vehicles, a 40- foot pole sign and two monument signs. The property is located at 801 East State Highway 114 and is zoned "PCD" Planned Commerce Development District. Council Member Freed, seconded by Mayor Pro Tem 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, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2009-40 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 CU09-29 FOR AN AUTOMOBILE DEALERSHIP, A 40-FOOT POLE SIGN AND TWO MONUMENT SIGNS 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 ALL OTHER PORTIONS OF THE ZONING ORDINANCE; 15 09/15/09 PROVIDING A CLAUSE RELATING TO SEVERABILITY; OWN 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 23. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU09-30 TEXAS TOYOTA Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU09-30 filed by Texas Toyota granting a conditional use permit for an automotive dealership with sales and service of new and used vehicles and two pole signs. The subject property is located at 701 East State Highway 114 and is zoned "PCD" Planned Commerce Development District. 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: pow Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2009-41 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 CU09-30 FOR AN AUTOMOBILE DEALERSHIP AND TWO POLE SIGNS 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 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; 16 09/15/09 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 24. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1 AND 2, BLOCK 1, VTG GRAPEVINE Chairman Oliver reported the Planning&Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 1 and 2, Block 1, VTG Grapevine. The 27.319 acre property is located at 701 and 801 East State Highway 114 and is being platted to move property lines between car dealerships. The subject property is zoned "PCD" Planned Commercial Development. Council Member Freed, seconded by Council Member Coy, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lots 1 and 2, Block 1, VTG Grapevine. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 25. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU09-32 COURTYARD BY MARRIOTT Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU09-32 filed by Courtyard by Marriott granting a conditional use permit for a hotel with the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer,wine and mixed beverages)in conjunction with a restaurant, outdoor speakers and a 20-foot pole sign. The property is located at 2100 Bass Pro Court and is zoned "CC" Community Commercial District Regulations. Council Member Spencer, seconded by Council Member Lease,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. 2009-42 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 4 ZONING ORDINANCE OF THE CITY OF GRAPEVINE, 17 09/15/09 TEXAS, SAME BEING ALSO KNOWN AS APPENDIX"D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU09-32 FOR A HOTEL DEVELOPMENT WITH POSSESSION, STORAGE, RETAIL SALE, AND ON- PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER,WINE,AND MIXED BEVERAGES) IN CONJUNCTION WITH A RESTAURANT, INCREASE IN HEIGHT AND A POLE 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 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 26. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT SILVER LAKE CROSSINGS ADDITION Chairman Oliver reported the Planning&Zoning Commission voted 7-0 for approval of the Statement of Findings and the preliminary plat of Silver Lake Crossings Addition. The 52.8 acre property is located northwest of the intersection of State Highway 26 and Bass Pro Drive and is being platted to build hotels, apartment and commercial properties. Council Member Freed, seconded by Mayor Pro Tern Wilbanks,offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the preliminary plat of Silver Lake Crossings Addition. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 27. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1, BLOCK 1, SILVER LAKE CROSSINGS ADDITION Chairman Oliver reported the Planning &Zoning Commission voted 7-0 for approval of the final plat of Lot 1, Block 1, Silver Lake Crossings Addition. The 8.678 acre property is 18 09/15/09 located northwest of the intersection of State Highway 26 and Bass Pro Drive. The property is being platted to build a hotel (Courtyard by Marriott) and is zoned "CC" Community Commercial District Regulations. Council Member Stewart, seconded by Council Member Coy, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 1, Block 1, Silver Lake Crossings Addition. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 28. PLANNING & ZONING COMMISSION RECOMMENDATION SPECIAL USE APPLICATION SU09-06 CHESAPEAKE ENERGY This item was tabled to the October 20, 2009 meeting. ITEM 29. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT GRAPEVINE MILLS WELLS Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for denial of the Statement of Findings and the preliminary plat of Grapevine Mills Wells located at 2800 Grapevine Mills Parkway. Council Member Spencer, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation for denial of the Statement of Findings and the preliminary plat of Grapevine Mills Wells. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 30. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1, BLOCK 1, GRAPEVINE MILLS WELLS Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for denial of the Statement of Findings and the final plat of Lot 1, Block 1, Grapevine Mills Wells located at 2800 Grapevine Mills Parkway. Council Member Freed, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation for denial of the Statement of Findings and the final plat of Lot 1, Block 1, Grapevine Mills Wells. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 19 09/15/09 ITEM 31. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT LOTS 1 AND 2, BLOCK 2, SOUTH TURNER ADDITION Chairman Oliver reported the Planning &Zoning Commission voted 7-0 for approval of the Statement of Findings and the preliminary plat of Lots 1 and 2, Block 1, South Turner Addition. The 0.4505 acre property is located in the 300 block of South Turner Road and is being platted to build residential homes. Council Member Coy, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation and approve the preliminary plat of Lots 1 and 2, Block 1, South Turner Addition. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 32. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1 AND 2, BLOCK 1, SOUTH TURNER ADDITION Chairman Oliver reported the Planning &Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 1 and 2, Block 1, South Turner Addition. The 0.4505 acre property is located in the 300 block of South Turner Road and is being platted to build residential homes. Council Member Spencer, seconded by Council Member Coy, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lots 1 and 2, Block 1, South Turner Addition. 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 Stewart, offered a motion to adjourn the meeting at 9:30 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 6th day of October, 2009. 20 09/15/09 APPROVED: 4625g- William D. Tate Mayor ATTEST: Lind Huff Vat Cit Secretary 21