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HomeMy WebLinkAbout2004-07-20 Joint Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, JULY 20, 2004 AT 7:00 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET DINNER AT 6:45 P.M. 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 pending or contemplated litigation and 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 16th day of July, 2004 at 5:00 p.m. L a in Huff City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Special Session (Executive Session) on this the 20th day of July, 2004 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 Ted R. Ware Mayor Pro Tern Sharron Spencer Council Member C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member constituting a quorum, with Council Member Darlene Freed absent, with the following members of the City Staff: Roger Nelson City Manager Bruno Rumbelow Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Jennifer Hibbs Assistant to the City Manager 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 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 Roger Nelson stated there was no action necessary relative to the closed session under Section 551.087, Texas Government Code. NOTE: City Council continued with the Regular City Council meeting in open session in the Council Chambers. kiwgi 07/20/04 ADJOURNMENT Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 7:30 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 17th day of August, 2004. APPROVED: 4Clits"L' William D. Tate Mayor ATTEST: Lind Huff if City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL PLANNING & ZONING COMMISSION MEETING TUESDAY, JULY 20, 2004 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION: Commissioner Rob Undersander OATH OF OFFICE 1. City Secretary to administer the Oath of Office to Planning & Zoning Commissioners, Rob Undersander and Becky St. John, and to Alternate Commissioners, Paul Jennings and Mark Lowery. JOINT PUBLIC HEARINGS 2. City Council and Planning & Zoning Commission to conduct a public hearing relative to Zoning Application Z03-07 filed by Mr. Mark Lamb requesting rezoning of approximately 2.0 acres from "CC" Community Commercial District Regulations to "LI" Light Industrial District. The subject property is located at 2345 Grayson Drive and is being rezoned for a warehouse development. 3. City Council and Planning & Zoning Commission to conduct a public hearing relative to Zoning Application Z04-04 filed by the James Green Family Partnership requesting rezoning of approximately 0.57 acres from "PO" Professional Office District Regulations to "CBD" Central Business District. The subject property is located at 107 West Dallas Road and is being rezoned for a retail/office development. 4. City Council and Planning & Zoning Commission to conduct a public hearing relative to Zoning Application Z04-05 filed by Mr. Rickey McPherson requesting rezoning of approximately 1.47 acres from "CN" Neighborhood Commercial District Regulations to "R-5.0" Zero-Lot-Line District Regulations. The subject property is located at 3132 West Dove Road and is being rezoned for single-family residential development. 5. City Council and Planning & Zoning Commission to conduct a public hearing relative to Zoning Application Z04-07 filed by the City of Grapevine requesting rezoning of approximately 2.92 acres from "R-20" Single-Family District Regulations to "R-7.5" Single-Family District Regulations. The subject property is located at the northeast corner of Midway Drive and Laguna Vista Court and is being rezoned for single- family residential development. 6. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU04-20 and application for the final plat of Lots 2R1 and 2R2, W. R. Lawler Addition No. 1 being a replat of Lot 2, W. R. Lawler Addition No. 1 and a 0.781 acre tract of land located in the R. Splane Survey, Abstract No. 1453. The applications were filed by Davenport Motors requesting a conditional use permit for automotive repair on property located at the southeast corner of Ponderosa Drive and Ira E. Woods Avenue. The subject property is zoned "CC" Community Commercial District Regulations. Applicant has requested withdrawal of the applications. 7. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU04-22 filed by Park Place Lexus requesting a conditional use permit to amend the site plan approved by Ordinance No. 99-98 for expansion of the sales and service areas. The subject property is located at 901 State Highway 114 East and is zoned "PCD" Planned Commerce Development District. 8. City Council and Planning & Zoning Commission to conduct a public hearing relative to the application filed by Mr. Robert Creasy and Mr. William Thatcher for the final plat of Lots 4R1A, 7, 8 and 9, Block 1, Thatcher Woods Addition being a replat of Lot 4R1, Block 1, Thatcher Woods Addition, a 0.227 acre tract of land recorded in Volume 14080, Page 148, DRTCT and a 1.293 acre tract of land recorded in Volume 17344, Page 175, DRTCT. The 1.885 acre property is located north and east of Thatcher Trail and is zoned "R-7.5" Single-Family Residential 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 16th day of July, 2004 at 5:00 p.m. AO II - Linea Huff City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, JULY 20, 2004 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CITIZEN COMMENTS NEW BUSINESS 10. Consider approving the request by Mr. Erik Pedersen of U. S. Aquarium Team, Inc. for a one-year extension of Conditional Use Permit CU03-19 approved by Ordinance No. 2003-47 on July 15, 2003 for the development of a tunnel-based aquarium and restaurant with the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) 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. 11. Consider the appointment of Ms. Anne Pitts to the Senior Citizens Advisory Board for a two-year term as recommended by Council liaison, Mayor Pro Tem Ware. Staff recommends approval. 12. Consider renewal of Bid 131-2002 Asphalt Milling Services Annual Contract with Dustrol, Inc. Public Works Director recommends approval. 13. Consider approval of an interlocal agreement with the City of Colleyville to provide sanitary sewer service to an area within the City limits of Colleyville adjacent to State Highway 121 and the Colleyville Heritage High School. Public Works Director recommends approval. 14. Consider the minutes of the July 6, 2004 City Council meetings. City Secretary recommends approval as published. Pursuant to the Texas Open Meetings Acts, Texas Government Code, Chapter 551.001 et seq, one or more of the above items may be considered in Executive Session closed to the public. Any decision held on such matter will be taken or conducted in open session following the conclusion of the executive session. PLANNING & ZONING COMMISSION RECOMMENDATIONS 15. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z03-07 (Mr. Mark Lamb) and a subsequent ordinance, if applicable. 16. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z04-04 (James Green Family Partnership) and a subsequent ordinance, if applicable. 17. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z04-05 (Mr. Rickey McPherson) and a subsequent ordinance, if applicable. 18. Consider the recommendation of the Planning & Zoning Commission relative to the preliminary plat of Lots 1-8, Block 1, Castle Court and take any necessary action. 19. Consider the recommendation of the Planning & Zoning commission relative tot he final plat of Lots 1-8, Block 1, Castle Court and take any necessary action. 20. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z04-07 (City of Grapevine/Madison Court) and a subsequent ordinance, if applicable. 21. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU04-22 (Park Place Lexus) and a subsequent ordinance, if applicable. 22. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lots 4R1A, 7, 8 and 9, Block 1, Thatcher Woods 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 16th day of July, 2004 at 5:00 p.m. Lin•a Huff If City Secretary AGENDA CITY OF GRAPEVINE SPECIAL BRIEFING SESSION PLANNING & ZONING COMMISSION TUESDAY, JULY 20, 2004 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 July 20, 2004 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 16th day of July, 2004 at 5:00 p.m. Lin Huff City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, JULY 20, 2004 AT 7:30 P.M. PLANNING & ZONING COMMISSION CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET NEW BUSINESS 1. Election of Officers. 2. Consider Zoning Application Z03-07 (Mr. Mark Lamb) and make a recommendation to the City Council. 3. Consider Zoning Application Z04-04 (James Green Family Partnership) and make a recommendation to the City Council. 4. Consider Zoning Application Z04-05 (Mr. Rickey McPherson) and make a recommendation to the City Council. 5. Consider the preliminary plat of Lots 1-8, Block 1, Castle Court and make a recommendation to the City Council. 6. Consider the final plat of Lots 1-8, Block 1, Castle Court and make a recommendation to the City Council. 7. Consider Zoning Application Z04-07 (City of Grapevine/Madison Court) and make a recommendation to the City Council. 8. Consider Conditional Use Application CU04-22 (Park Place Lexus) and make a recommendation to the City Council. 9. Consider the final plat of Lots 4R1 A, 7, 8 and 9, Block 1, Thatcher Woods Addition and make a recommendation to the City Council. CONSIDERATION OF MINUTES 10. Consider the minutes of the June 15, 2004 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 16th day of July, 2004 at 5:00 p.m. Lin c-ti°441-j Huff %4-in City Secretary STATE OF TEXAS COUNTY OF TARRANT. CITY OF GRAPEVINE The City Council and the Planning & Zoning Commission of the City of Grapevine, Texas met in Regular Joint Session on this the 20th day of July, 2004 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 Ted R. Ware Mayor Pro Tern Sharron Spencer Council Member C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member constituting a quorum, with Council Member Darlene Freed absent, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Herbert Fry Vice Chairman Chris Coy Member Danette Murray Member Betty "BJ" Wilson Member Rob Undersander Member Becky St. John Member Paul Jennings Alternate Mark Lowery Alternate constituting a quorum, with Commissioner Betty "BJ" Wilson absent, with the following members of the City Staff: Roger Nelson City Manager Bruno Rumbelow Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Jennifer Hibbs Assistant to the City Manager CALL TO ORDER Mayor Tate called the meeting to order at 7:35 p.m. INVOCATION Commissioner Undersander delivered the Invocation. 07/20/04 ITEM 1. OATH OF OFFICE City Secretary Huff administered the Oath of Office to Planning & Zoning Commissioners, Rob Undersander and Becky St. John, and to Alternate Commissioners, Paul Jennings and Mark Lowery. ITEM 2. PUBLIC HEARING, ZONING APPLICATION Z03-07 MR. MARK LAMB Mayor Tate declared the public hearing open. Planner Ron Stombaugh reported Zoning Application Z03-07 had been filed by Mr. Mark Lamb, DFW Honda, requesting rezoning of approximately 2.0 acres from "CC" Community Commercial District Regulations to "LI" Light Industrial District. The subject property is located at 2345 Grayson Drive and is being rezoned for development of a warehouse for storage in conjunction with DFW Honda retail business. Mr. Ron Hamm and Mr. Mark Lamb requested favorable consideration of the application. Council questioned the exterior appearance of the warehouse and Mr. Lamb responded that he proposed to have the outside of the warehouse match the current DFW Honda building. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Murray, seconded by Commissioner Undersander, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Undersander, St. John & Jennings Nays: None Absent: Wilson Council Member Spencer, seconded by Mayor Pro Tem Ware, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed ITEM 3. PUBLIC HEARING, ZONING APPLICATION Z04-04 JAMES GREEN FAMILY PARTNERSHIP Mayor Tate declared the public hearing open. Planner Stombaugh reported Zoning Application Z04-04 had been filed by the James Green Family Partnership requesting rezoning of approximately 0.57 acres from "PO" 2 07/20/04 Professional Office District Regulations to "CBD" Central Business District. The subject property is located at 107 West Dallas Road and is being rezoned for a two-story 98,000 square foot retail/office building with a drive off Dallas Road and a shared drive off Main Street. Mr. Andrew Seal requested favorable consideration of the application. Discussion ensued relative to the exterior design of the proposed building, landscaping, and whether the facility would front on Main Street or Dallas Road. The Council and Commission expressed concern about the proposed building and layout of the property. The applicant stated the property owner was not present and the final design had not been developed. Development Services Director Hardy commented that the applicant could agree to a voluntary deed restriction that would go through the "HL" requirement for a Certificate of Appropriateness that would provide architectural control over the building. Mr. Hardy advised the application would go through the Historic Preservation Commission and not the City Council unless approval by the Council was made a part of the zoning case. Mayor Tate invited guests present to comment regarding the application. No one wished to speak. City Secretary Huff advised the Council and Commission had been copied the one letter of approval for the application. Commissioner Fry, seconded by Commissioner Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Undersander, St. John & Jennings Nays: None Absent: Wilson Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed ITEM 4. PUBLIC HEARING, ZONING APPLICATION Z04-05 MR. RICKEY MCPHERSON Mayor Tate declared the public hearing open. Planner Stombaugh reported that Zoning Application Z04-05 had been filed by Mr. Rickey McPherson requesting rezoning of approximately 1.47 acres from "CN" Neighborhood Commercial District Regulations to "R-5.0" Zero-Lot-Line District Regulations. The subject property is located at 3132 West Dove Road and is being rezoned for a single-family 3 07/20/04 residential development containing eight lots. Mr. Rickey McPherson requested favorable consideration of the application noting the homes were proposed to be 2,400 to 2,500 square feet. Discussion ensued relative to consideration of fewer lots on the property. Mr. McPherson stated that the proposal was the best utilization of the property. 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 protest for the application. Commissioner Jennings, seconded by Commissioner Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Undersander, St. John & Jennings Nays: None Absent: Wilson Council Member Stewart, seconded by Council Member Spencer, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart '"' Nays: None Absent: Freed ITEM 5. PUBLIC HEARING ZONING APPLICATION Z04-07 CITY OF GRAPEVINE Mayor Tate declared the public hearing open. Planner Stombaugh reported Zoning Application Z04-07 had been filed by the City of Grapevine requesting rezoning of approximately 2.92 acres from "R-20" Single-Family District Regulations to "R-7.5" Single-Family District Regulations. The subject property is located at the northeast corner of Midway Drive and Laguna Vista Court and is being rezoned for single-family residential development. A discrepancy between the Official Zoning Map and the currently developing GIS-based zoning map reveals an error was made when the final plat was approved July 15, 2003. The final plat was approved with lots developed under the "R-7.5" Single-Family District guidelines when in fact the property was zoned "R-20" Single-Family District. The rezoning will be consistent with the zoning/development that has taken place in the general vicinity, most recently to the immediate south. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. 4 07/20/04 Commissioner Coy, seconded by Commissioner Fry, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Undersander, St. John & Jennings Nays: None Absent: Wilson Council Member Johnson, seconded by Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed ITEM 6. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU04-20 DAVENPORT MOTORS FINAL PLAT LOTS 2R1 AND 2R2, W. R. LAWLER ADDITION NO. 1, REPLAT OF LOT 2, W. R. LAWLER ADDITION NO. 1 AND 0.781 ACRE TRACT OF LAND LOCATED IN THE R. SPLANE SURVEY, ABSTRACT NO. 1453 Mayor Tate declared the public hearing open. Planner Ron Stombaugh reported that the applicant, Davenport Motors, had requested withdrawal of Conditional Use Application CU04-20 and application for the final plat of Lots 2R1 and 2R2, W. R. Lawler Addition No. 1 being a replat of Lot 2, W. R. Lawler Addition No. 1 and a 0.781 acre tract of land located in the R. Splane Survey, Abstract No. 1453. The applications were filed by Davenport Motors requesting a conditional use permit for automotive repair on property located at the southeast corner of Ponderosa Drive and Ira E. Woods Avenue. The subject property is zoned "CC" Community Commercial District Regulations. Commissioner Fry, seconded by Commissioner Coy, offered a motion to approve the withdrawal of the applications. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Undersander, St. John & Jennings Nays: None Absent: Wilson Mayor Pro Tern Ware, seconded by Council Member Wilbanks, offered a motion to approve the withdrawal of the applications. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed 5 07/20/04 ITEM 7. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU04-22 PARK PLACE LEXUS Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU04-22 had been filed by Park Place Lexus requesting a conditional use permit to amend the site plan approved by Ordinance No. 99-98 for expansion of the sales and service areas. The subject property is located at 901 State Highway 114 East and is zoned "PCD" Planned Commerce Development District. The applicant proposes a two-phase expansion to the dealership. The first of which will be a 2,567 square foot expansion to the sales area and a 12,296 square foot expansion to the service area. When appropriate, the second phase will be a 12,147 square foot expansion that will occur in the service area only. Mr. Gordon Mayer 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 advised the Council and Commission had been copied the one letter of concern. Commissioner Fry, seconded by Commissioner Undersander, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Undersander, St. John & Jennings Nays: None Absent: Wilson Council Member Johnson, seconded by Council Member Spencer, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed ITEM 8. PUBLIC HEARING, FINAL PLAT LOTS 4R1A, 7, 8 AND 9, BLOCK 1, THATCHER WOODS ADDITION, REPLAT OF LOT 4R1, BLOCK 1, THATCHER WOODS ADDITION, A 0.227 ACRE TRACT OF LAND RECORDED IN VOLUME 14080, PAGE 148, DRTCT AND A 1.293 ACRE TRACT OF LAND RECORDED IN VOLUME 17344, PAGE 175, DRTCT Mayor Tate declared the public hearing open. .., Senior Civil Engineer Scott Dyer reported that Mr. Robert Creasy and Mr. William Thatcher 6 07/20/04 had filed the application for the final plat of Lots 4R1 A, 7, 8 and 9, Block 1, Thatcher Woods Addition being a replat of Lot 4R1, Block 1, Thatcher Woods Addition, a 0.227 acre tract of land recorded in Volume 14080, Page 148, DRTCT and a 1.293 acre tract of land recorded in Volume 17344, Page 175, DRTCT. The 1.885 acre property is located north and east of Thatcher Trail and is zoned "R-7.5" Single-Family Residential District. The property is being replatted for a four lot residential development. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Murray, seconded by Commissioner Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Undersander, St. John & Jennings Nays: None Absent: Wilson Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed 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 9. CITIZENS COMMENTS, MR. DAVID BOYER Mr. David Boyer, 6655 Roxburgh Drive, Suite 100, Houston, Texas, representing ATRS Corporation and Metroplex Community Services, a non-profit organization that provides clothing, food and support services to people in need, addressed the City Council. He requested consideration of a proposal he submitted to amend existing zoning restrictions regarding the placement of clothing donation containers within the City. ITEM 9A. CITIZENS COMMENTS, MS. MARGARET PFARRER Ms. Margaret Pfarrer, 3537 Hightimber Drive, addressed the City Council regarding freezing the tax rate for senior citizens. 7 07/20/04 ITEM 10. EXTENSION OF CONDITIONAL USE APPLICATION CU03-19 U. S. AQUARIUM TEAM, INC. City Manager Nelson reported Mr. Erik Pedersen of U. S. Aquarium Team, Inc. had requested a one-year extension of Conditional Use Permit CU03-19 approved by Ordinance No. 2003-47 on July 15, 2003 for the development of a tunnel-based aquarium and restaurant with the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages). The subject property is located at 2200 Grapevine Mills Circle West. Mr. Pedersen gave a brief update on the development of the plans for the aquarium noting that he now owns the property and that the interior design is progressing, with the exterior design remaining the same as was previously presented. The financing for the project is expected to be in place in late August or September. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed 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. There were none. Item 11. Senior Citizens Advisory Board Appointment Staff recommended approval of the appointment of Ms. Anne Pitts to the Senior Citizens Advisory Board for a two-year term as recommended by Council liaison, Mayor Pro Tem Ware. Motion by Mayor Pro Tem Ware, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed Item 12. Renew Bid 131-2002 Asphalt Milling Services Annual Contract Public Works Director recommended approval of the renewal of Bid 131-2002 Asphalt 8 07/20/04 Milling Services Annual Contract with Dustrol, Inc. Motion by Mayor Pro Tern Ware, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed Item 13. Interlocal Agreement, Sanitary Sewer Service, Colleyville Area, State Highway 121 Public Works Director recommended approval of an interlocal agreement with the City of Colleyville to provide sanitary sewer service to an area within the City limits of Colleyville adjacent to State Highway 121 and the Colleyville Heritage High School. Motion by Mayor Pro Tern Ware, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed Item 14. Consideration of Minutes City Secretary recommended approval of the minutes of the July 6, 2004 City Council meetings as published. Motion by Mayor Pro Tem Ware, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed ITEM 15. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z03-07 MR. MARK LAMB Chairman Oliver reported the Commission voted 7-0 for approval of Zoning Application Z03-07 filed by Mr. Mark Lamb granting rezoning of approximately 2.0 acres from "CC" Community Commercial District Regulations to "LI" Light Industrial District. The property is located at 2345 Grayson Drive. Council Member Spencer, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation and approve the ordinance granting the rezoning. The motion prevailed by the following vote: 9 07/20/04 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson &Stewart Nays: None Absent: Freed ORDINANCE NO. 2004-43 AN ORDINANCE 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 Z03-07 ON A TRACT OF LAND OUT OF THE J. R. STEPHENS SURVEY, ABSTRACT NO. 1490, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF 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 "LI" LIGHT INDUSTRIAL DISTRICT; 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 16. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z04-04 JAMES GREEN FAMILY PARTNERSHIP Chairman Oliver reported the Commission voted 7-0 for approval of Zoning Application Z04-04 filed by James Green Family Partnership granting rezoning of approximately 0.57 acres from "PO" Professional Office District Regulations to "CBD" Central Business District with the deed restriction requiring that a Certificate of Appropriateness be issued from the Historic Preservation Commission and then forwarded to the City Council for final approval and that consideration be given in those processes as to double frontage along Main Street and Dallas Road with the structure. The property is located at 107 West Dallas Road. Mayor Pro Tem Ware, seconded by Council Member Spencer, offered a motion to acceptor the Commission's recommendation with the deed restriction and to approve the first reading of the ordinance with the condition that the case go before the Historic 10 07/20/04 Preservation Commission, Planning & Zoning Commission and the City Council. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed ORDINANCE NO. AN ORDINANCE 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 Z04-04 ON A TRACT OF LAND OUT OF THE WILLIAM DOOLEY SURVEY, ABSTRACT NO. 422, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF 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 "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS TO "CBD" CENTRAL BUSINESS DISTRICT; 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 AND PROVIDING AN EFFECTIVE DATE ITEM 17 PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z04-05 MR. RICKEY MCPHERSON Chairman Oliver reported the Commission voted 5-2 for approval of Zoning Application Z04-05 filed by Mr. Rickey McPherson requesting rezoning of approximately 1.47 acres from "CN" Neighborhood Commercial District Regulations to "R-5.0" Zero-Lot-Line District Regulations. The property is located at 3132 West Dove Road. Council Member Johnson, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance granting the rezoning. The motion prevailed by the following vote: 11 07/20/04 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed ORDINANCE NO. 2004-44 AN ORDINANCE 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 Z04-05 ON A TRACT OF LAND OUT OF THE FRANKLIN WOOD SURVEY, ABSTRACT NO. 1688, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF 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 "CN" NEIGHBORHOOD COMMERCIAL DISTRICT REGULATIONS TO "R-5.0" ZERO-LOT-LINE 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 PRELIMINARY PLAT LOTS 1-8, BLOCK 1, CASTLE COURT Chairman Oliver reported the Commission voted 6-1 for approval of the Statement of Findings and the preliminary plat of Lots 1-8, Block 1, Castle Court. The 1.46 acre property located at the northeast corner of Kimball Road and Dove Road is being platted for a single-family residential subdivision containing eight lots. Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the preliminary plat of Lots 1-8, Block 1, Castle Court. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None 12 07/20/04 Absent: Freed ITEM 19. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1-8, BLOCK 1, CASTLE COURT Chairman Oliver reported the Commission voted 6-1 for approval of the Statement of Findings and the final plat of Lots 1-8, Block 1, Castle Court. The 1.46 acre property located at the northeast corner of Kimball Road and Dove Road is being platted for a single-family residential subdivision containing eight lots. Council Member Stewart, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lots 1-8, Block 1, Castle Court. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed ITEM 20. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z04-07 CITY OF GRAPEVINE/MADISON COURT Chairman Olivier reported the Commission voted 7-0 for approval of Zoning Application Z04-07 filed by the City of Grapevine/Madison Court granting rezoning of approximately 2.92 acres from "R-20" Single-Family District Regulations to "R-7.5" Single-Family District Regulations. The property is located at the northeast corner of Midway Drive and Laguna Vista Court. Mayor Pro Tem Ware, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance granting the rezoning. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed ORDINANCE NO. 2004-45 AN ORDINANCE 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 Z04-07 ON A TRACT OF LAND OUT OF THE J. DWIGHT SURVEY, ABSTRACT NO. 455, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS 13 07/20/04 ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID FROM "R-20" SINGLE-FAMILY DISTRICT REGULATIONS TO "R-7.5" SINGLE-FAMILY 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 21. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU04-22 PARK PLACE LEXUS Chairman Oliver reported the Commission voted 7-0 for approval of Conditional Use Application CU04-22 filed by Park Place Lexus granting a conditional use permit to amend the site plan approved by Ordinance No. 99-98 for expansion of the sales and service areas. The property is located at 901 State Highway 114 East. Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed ORDINANCE NO. 2004-46 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU04-22 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 99-98 FOR AN AUTOMOTIVE DEALERSHIP WITH SALES AND SERVICE OF NEW AND USED AUTOMOBILES TO EXPAND THE SALES AND SERVICE AREAS IN A DISTRICT ZONED "PCD" PLANNED COMMERCE DEVELOPMENT DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE 14 07/20/04 NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER ,_oil PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 22. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 4R1A, 7, 8 AND 9, BLOCK 1, THATCHER WOODS ADDITION Chairman Oliver reported the Commission voted 6-0-1 for approval of the Statement of Findings and the final plat of Lots 4R1 A, 7, 8 and 9, Block 1, Thatcher Woods Addition. The 1.885 acre property is located north and east of Thatcher Trail and is being platted for a four lot single-family residential development. Council Member Johnson, 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 4R1A, 7, 8 and 9, Block 1, Thatcher Woods Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed ADJOURNMENT Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 8:50 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 17th day of August, 2004. 15 07/20/04 APPROVED: William D. Tate Mayor ATTEST: Linda'Huff City Secretary 16