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HomeMy WebLinkAbout2003-10-21 Joint Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, OCTOBER 21, 2003 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 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 17th day of October, 2003 at 5:00 p.m. Gc�c Lin a 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 21st day of October, 2003 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 Tem Sharron Spencer Council Member C. Shane Wilbanks Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with Council Member Clydene Johnson 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 7:03 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. 10/21/03 PONNOR ADJOURNMENT Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the meeting at 8:28 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 18th day of November, 2003. APPROVED: William D. Tate Mayor ATTEST: MOW .F 4./i15747rt Lin a Huff City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL PLANNING & ZONING COMMISSION MEETING TUESDAY, OCTOBER 21, 2003 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION: Commissioner Betty Nicholson JOINT PUBLIC HEARINGS 1. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU03-35 filed by Baja Mexican Grill requesting a conditional use permit to amend the site plan approved by Ordinance No. 2001-72 to enlarge the site and provide a take-out counter. The subject property is located at 1212 William D. Tate Avenue and is zoned "CC" Community Commercial District Regulations. 2. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU03-37 filed by Delta Airlines requesting a conditional use permit to allow the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed drinks) in conjunction with a restaurant/lounge. The subject property is located at Terminal E, Columns 38-42, DFW International Airport and is zoned "GU" Governmental Use District. 3. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU03-38 and Special Use Application SU03-05 filed by Gaylord Opryland Texas Hotel for property located at 1501 Gaylord Trail. The conditional use application requests a permit to amend the site plan approved by Ordinance No. 2003-34 for minor site modifications to the hotel and convention center. The special use application requests a special use permit for a helistop. The subject property is zoned "PCD" Planned Commerce Development District. 4. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU03-39 filed by TGI Friday's requesting a conditional use permit to allow the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant. The subject property is located at Terminal B, Columns 32-35, DFW International Airport and is zoned "GU" Governmental Use District. 5. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU03-40 filed by Orin and Colleen Gedrose requesting a conditional use permit to allow for a period home on property located at 401 North Dooley Street. The subject property is zoned "R-5.0" Zero Lot Line District Regulations. 6. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU03-42 filed by Dove Corner Pharmacy requesting a conditional use permit for a drive-through window in conjunction with a pharmacy. The subject property is located at 1115H West Northwest Highway and is zoned "HC" Highway Commercial District. 7. City Council and Planning & Zoning Commission to conduct a public hearing relative to Historic Landmark Designation Application HL03-01 and Special Use Application SU03-04 filed by Ron and Victoria Arnold for property located at 403 East Worth Street. The applications request a Historic Landmark Designation and a special use permit for a bed and breakfast inn (C. W. Goad House). The subject property is zoned "R-7.5" Single Family District Regulations. 8. City Council and Planning & Zoning Commission to conduct a public hearing relative to proposed amendments to the Grapevine Code of Ordinances, Appendix "D", the Comprehensive Zoning Ordinance No. 82-73, as amended, Section 25 "CC" Community Commercial District Regulations; Section 26 "HC" Highway Commercial District; Section 27 "PO" Professional Office District and Section 32 "BP" Business Park District relative to yard requirements. 9. City Council and Planning & Zoning Commission to conduct a public hearing relative to the application filed by Tim and Shena Bowling for the final plat of Lot 6A, Block 30, Yates and Jenkins Addition being a replat of Lot 6 and a portion of Lot 5, Block 30, Yates and Jenkins Addition. The subject property is located at the intersection of Franklin Street and Dooley Street and is zoned "R-7.5" Single Family District. Regulations 10. City Council and Planning & Zoning Commission to conduct a public hearing relative to the application filed by David Hardin for the final plat of Lot 4R, Park and Wall Addition being a replat of Lot 4, Park and Wall Addition. The subject property is located at the intersection of Park Boulevard and Wall Street and is zoned "CC" Community Commercial District Regulations. 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 17th day of October, 2003 at 5:00 p.m. Lin a Huff 7'1( 5 City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, OCTOBER 21, 2003 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CITIZEN COMMENTS NEW BUSINESS 11. Consider an ordinance amending the City Investment Policy, pursuant to the provision of the Public Funds Investment Act, Chapter 2256, Texas Government Code 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 an application for participation in the Texas Short Term Asset Reserve Program (TexSTAR) and authorization for the City Manager to execute said application. Administrative Services Director recommends approval. 13. Consider a resolution declaring Dynix, Inc. as a sole source provider and renewal of the current contract for software, server and peripheral maintenance for the Library Information System. Assistant City Manager recommends approval. 14. Consider approval of a contract for the purchase of Fitness Equipment from Fitco. Parks & Recreation Director recommends approval. 15. Consider the minutes of the October 7, 2003 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 16. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU03-35 (Baja Mexican Grill) and a subsequent ordinance, if applicable. 17. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU03-37 (Delta Airlines) and a subsequent ordinance, if applicable. 18. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU03-38 (Gaylord Opryland Texas Hotel) and a subsequent ordinance, if applicable. 19. Consider the recommendation of the Planning & Zoning Commission relative to Special Use Application SU03-05 (Gaylord Opryland Texas Hotel) and a subsequent ordinance, if applicable. 20. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU03-39 (TGI Friday's) and a subsequent ordinance, if applicable. 21. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU03-40 (Gedrose House) and a subsequent ordinance, if applicable. 22. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU03-42 (Dove Corner Pharmacy) and a subsequent ordinance, if applicable. 23. Consider the recommendation of the Planning & Zoning Commission relative to Historic Landmark Designation Application HL03-01 (C. W. Goad House) and a subsequent ordinance, if applicable. 24. Consider the recommendation of the Planning & Zoning Commission relative to Special Use Application SU03-04 (C. W. Goad House) and a subsequent ordinance, if applicable. 25. Consider the recommendation of the Planning & Zoning Commission relative to proposed amendments to the Grapevine Code of Ordinances, Appendix "D", the Comprehensive Zoning Ordinance No. 82-73, as amended, Section 25 "CC" Community Commercial District Regulations; Section 26 "HC" Highway Commercial District; Section 27 "PO" Professional Office District and Section 32 "BP" Business Park District relative to yard requirements and a subsequent ordinance, if applicable. 26. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lot 6A, Block 30, Yates and Jenkins Addition and take any necessary action. 27. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lot 4R, Park and Wall Addition and take any necessary action. 28. Consider the recommendation of the Planning & Zoning Commission relative to the preliminary plat of Lots 1-4, Block 1, Eggers Addition and take any necessary action. 29. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lots 1-4, Block 1, Eggers 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 17th day of October, 2003 at 5:00 p.m. Linda Huff City Secretary AGENDA CITY OF GRAPEVINE SPECIAL BRIEFING SESSION PLANNING & ZONING COMMISSION TUESDAY, OCTOBER 21, 2003 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 October 21, 2003 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 17th day of October, 2003 at 5:00 p.m. Linda Huff City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, OCTOBER 21, 2003 AT 7:30 P.M. PLANNING & ZONING COMMISSION CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET NEW BUSINESS 1. Consider Conditional Use Application CU03-35 (Baja Mexican Grill) and make a recommendation to the City Council. 2. Consider Conditional Use Application CU03-37 (Delta Airlines) and make a recommendation to the City Council. 3. Consider Conditional Use Application CU03-38 (Gaylord Opryland Texas Hotel) and make a recommendation to the City Council. 4. Consider Special Use Application SU03-05 (Gaylord Opry land Texas Hotel) and make a recommendation to the City Council. 5. Consider Conditional Use Application CU03-39 (TGI Friday's) and make a recommendation to the City Council. 6. Consider Conditional Use Application CU03-40 (Gedrose House) and make a recommendation to the City Council. 7. Consider Conditional Use Application CU03-42 (Dove Corner Pharmacy) and make a recommendation to the City Council. 8. Consider Historic Landmark Designation Application HL03-01 (C. W. Goad House) and make a recommendation to the City Council. 9. Consider Special Use Application SU03-04 (C. W. Goad House) and make a recommendation to the City Council. 10. Consider proposed amendments to the Grapevine Code of Ordinances, Appendix D, the Comprehensive Zoning Ordinance No. 82-73, as amended, Section 25 "CC" Community Commercial District Regulations; Section 26 "HC" Highway Commercial District; Section 27 "PO" Professional Office District and Section 32 "BP" Business Park District relative to yard requirements and make a recommendation to the City Council. 11. Consider the final plat of Lot 6A, Block 30, Yates and Jenkins Addition and make b.,: a recommendation to the City Council. 12. Consider the final plat of Lot 4R, Park and Wall Addition and make a recommendation to the City Council. 13. Consider the preliminary plat of Lots 1-4, Block 1, Eggers Addition and make a recommendation to the City Council. 14. Consider the final plat of Lots 1-4, Block 1, Eggers Addition and make a recommendation to the City Council. CONSIDERATION OF MINUTES 15. Consider the minutes of the September 16, 2003 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 17th day of October, 2003 at 5:00 p.m. Lin a Huff 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 21st day of October, 2003 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 Tem Sharron Spencer Council Member C. Shane Wilbanks Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with Council Member Clydene Johnson absent, with the following members of the Planning & Zoning Commission: Herbert Fry Vice Chairman Chris Coy Member Kevin Busbee Member Danette Murray Member Betty Nicholson Member Rob Undersander Member Becky St. John Alternate Paul Jennings Alternate constituting a quorum, with Planning & Zoning Commission Chairman Larry Oliver 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 Nicholson delivered the Invocation. 10/21/03 ITEM 1. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU03-35 BAJA MEXICAN GRILL Mayor Tate declared the public hearing open. Planner Ron Stombaugh reported that Conditional Use Application CU03-35 had been filed by Baja Mexican Grill requesting a conditional use permit to amend the site plan approved by Ordinance No. 2001-72 to enlarge the restaurant by 840 square feet to provide for a take-out counter. The subject property is located at 1212 William D. Tate Avenue and is zoned "CC" Community Commercial District Regulations. Mr. David Fisher was available for questions relative to the application. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak. City Secretary Huff reported the Council and Commission had been copied the one letter of protest. Commissioner Murray, seconded by Commissioner Busbee, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Coy, Fry, Busbee, Murray, Nicholson, Undersander & St. John Nays: None Absent: Oliver Council Member Stewart, seconded by Council Member Busbee, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson ITEM 2. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU03-37 DELTA AIRLINES Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU03-37 had been filed by Delta Airlines requesting a conditional use permit to allow the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant/lounge (Delta Airlines Crown Club). The subject property is located at Terminal E, Columns 38-42, DFW International Airport and is zoned "GU" Governmental Use District. Ms. Pat Varrichio was available to answer questions relative to the application. 2 10/21/03 There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak. City Secretary Huff reported the Council and Commission had been copied the one letter supporting the application. Commissioner Coy, seconded by Commissioner Nicholson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Coy, Fry, Busbee, Murray, Nicholson, Undersander & St. John Nays: None Absent: Oliver Council Member Wilbanks, 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, Stewart & Freed Nays: None Absent: Johnson ITEM 3. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU03-38 SPECIAL USE APPLICATION SU03-05 GAYLORD OPRYLAND TEXAS HOTEL Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU03-38 and Special Use Application SU03-35 had been filed by Gaylord Opryland Texas Hotel for property located at 1501 Gaylord Trail. The conditional use application requests a permit to amend the site plan approved by Ordinance No. 2003-34 for minor site modifications to the hotel and convention center that includes landscaping, addition of tennis courts and an events pavilion and a revision to the final height of the hotel from 160 feet to 165 feet. The special use application requests a special use permit for a helistop location to the north of the hotel for occasional VIP transport and emergency/care-flight situations, if needed. The subject property is zoned "PCD" Planned Commerce Development District. Mr. David Breeding was available for questions relative to the application. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak. City Secretary Huff reported the Council and Commission had been copied the one letter of protest. Commissioner Busbee, seconded by Commissioner Murray, offered a motion to close the 3 10/21/03 public hearing. The motion prevailed by the following vote: Ayes: Coy, Fry, Busbee, Murray, Nicholson, Undersander & St. John Nays: None Absent: Oliver Council Member Freed, seconded by Mayor Pro Tern Ware, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson ITEM 4. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU03-39 TGI FRIDAY'S Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU03-30 had been filed by TGI Friday's requesting a conditional use permit to allow the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant. The subject property is located at Terminal B, Columns 32- 35, DFW International Airport and is zoned "GU" Governmental Use District. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak. City Secretary Huff reported the Council and Commission had been copied the one letter of support. Commissioner Murray, seconded by Commissioner Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Coy, Fry, Busbee, Murray, Nicholson, Undersander & St. John Nays: None Absent: Oliver Mayor Pro Tern Ware, 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, Stewart & Freed Nays: None Absent: Johnson ITEM 5. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU03-40 ORIN AND COLLEEN GEDROSE 10/21/03 Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU03-40 had been filed by Orin and Colleen Gedrose requesting a conditional use permit to allow for a period home on property located at 401 North Dooley Street. The subject property is zoned "R-5.0" Zero Lot Line District Regulations. Mr. Richard Pemberton 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. There was no correspondence to report. Mr. Milton Watts, 1824 Arch Street, Fort Worth, expressed his concern regarding the ownership and address of the property. Mayor Tate asked that Mr. Watts talk with City Attorney John F. Boyle, Jr. regarding family documents that Mr. Watts had brought to the Council meeting. After meeting with Mr. Watts, Mr. Boyle advised that the Council and Commission were not making a decision as to ownership of the property, only the zoning. Mr. Boyle advised that Mr. Watts would need a judicial forum for a decision to be made on the ownership of the property. Commissioner Murray, seconded by Commissioner Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Coy, Fry, Busbee, Murray, Nicholson, Undersander & St. John Nays: None Absent: Oliver Council Member Spencer, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson ITEM 6. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU03-42 DOVE CORNER PHARMACY Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU03-42 had been filed by Dove Corner Pharmacy requesting a conditional use permit for a drive-through window in conjunction with a pharmacy. The subject property is located at 1115H West Northwest 5 10/21/03 Highway and is zoned "HC" Highway Commercial District. Mr. Terry Cunningham 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 read the following letter into the record: "I think this would be a great thing to have and a great location for a pharmacy. I can't foresee any problems arising that aren't already there anyway. I know Mr. Gilliam to be a most reasonable individual and a good steward of this request." Terry Walker DDS, Inc. 1015 West Wall Street Commissioner Busbee, seconded by Commissioner Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Coy, Fry, Busbee, Murray, Nicholson, Undersander & St. John Nays: None Absent: Oliver Council Member Stewart, seconded by Council Member Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson ITEM 7. PUBLIC HEARING, HISTORIC LANDMARK DESIGNATION APPLICATION HL93-01 AND SPECIAL USE APPLICATION SU03-04 RON AND VICTORIA ARNOLD (C. W. GOAD HOUSE) Mayor Tate declared the public hearing open. Planner Stombaugh reported Historic Landmark Designation Application HL03-01 and Special Use Application SU03-04 had been filed by Ron and Victoria Arnold for property located at 403 East Worth Street. The applications request a Historic Landmark Designation and a special use permit for a bed and breakfast inn (C. W. Goad House) on property zoned "R-7.5" Single Family District Regulations. Ron and Victoria Arnold requested favorable consideration of the application. wow Mayor Tate expressed his preference to return the Historic District to single family homes. 10/21/03 Mayor Tate invited guests present to comment regarding the application. Ms. Laura Parlett, 415 East College Street, questioned the criteria for locating bed and breakfast inns on certain parts of College Street. Mayor Tate responded it's his dream to return to single family in the residential areas of Grapevine. City Secretary Huff reported the Council and Commission had been copied the one letter of approval for the application. Commissioner Coy, seconded by Commissioner Undersander, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Coy, Fry, Busbee, Murray, Nicholson, Undersander & St. John Nays: None Absent: Oliver Council Member Spencer, seconded by Council Member Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson ITEM 8. PUBLIC HEARING. AMEND GRAPEVINE CODE OF ORDINANCES, APPENDIX "D", COMPREHENSIVE ZONING ORDINANCE NO. 82-73, SECTION 25 "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS; SECTION 26 "HC" HIGHWAY COMMERCIAL DISTRICT; SECTION 27 "PO" PROFESSIONAL OFFICE DISTRICT AND SECTION 32 BUSINESS PARK DISTRICT Mayor Tate declared the public hearing open. Planner Stombaugh reviewed the proposed amendments to the Grapevine Code of Ordinances, Appendix"D", the Comprehensive Zoning Ordinance No. 82-73, as amended, Section 25 "CC" Community Commercial District Regulations; Section 26 "HC" Highway Commercial District; Section 27 "PO" Professional Office District and Section 32 "BP" Business Park District relative to yard requirements for lots located within Planned Commercial, Professional Office and Business Park Centers. 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. 7 10/21/03 Commissioner Coy, seconded by Commissioner St. John, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Coy, Fry, Busbee, Murray, Nicholson, Undersander & St. John Nays: None Absent: Oliver Council Member Wilbanks, seconded by Mayor Pro Tern Ware, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson ITEM 9. PUBLIC HEARING, FINAL PLAT LOT 6A, BLOCK 30, YATES AND JENKINS ADDITION, REPLAT OF LOT 6 AND A PORTION OF LOT 5, BLOCK 30, YATES AND JENKINS ADDITION Mayor Tate declared the public hearing open. Senior Civil Engineer Scott Dyer reported that Tim and Shena Bowling had filed the application for the final plat of Lot 6A, Block 30, Yates and Jenkins Addition being a replat of Lot 6 and a portion of Lot 5, Block 30, Yates and Jenkins Addition. The subject property is located at the intersection of Franklin Street and Dooley Street and is zoned "R-7.5" Single Family District. Regulations. The 0.42 acre property is being platted for the addition of a laundry room to an existing home. 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 Busbee, seconded by Commissioner Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Coy, Fry, Busbee, Murray, Nicholson, Undersander & St. John Nays: None Absent: Oliver 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, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson 8 10/21/03 ITEM 10. PUBLIC HEARING, FINAL PLAT LOT 4R, PARK AND WALL ADDITION, REPLAT OF LOT 4, PARK AND WALL ADDITION Mayor Tate declared the public hearing open. Senior Civil Engineer Dyer reported that David Hardin had filed the application for the final plat of Lot 4R, Park and Wall Addition being a replat of Lot 4, Park and Wall Addition. The subject property is located at the intersection of Park Boulevard and Wall Street and is zoned "CC" Community Commercial District Regulations. The 5.25 acre property is being platted for realignment of a 25 foot drainage and utility easement. 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 St. John, seconded by Commissioner Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Coy, Fry, Busbee, Murray, Nicholson, Undersander & St. John Nays: None Absent: Oliver Council Member Spencer, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson 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 11. ORDINANCE, AMEND CITY INVESTMENT POLICY Administrative Services Director William Gaither reviewed proposed amendments to the City Investment Policy pursuant to the provisions of the Public Funds Investment Act, Chapter 2256, Texas Government Code. The proposed amendments are to add brokers to the allowed Broker/Dealer List and clarification of responsibility(names and titles)for the City Investment Officers. Mr. Gaither recommended approval of the ordinance amending 9 10/21/03 the City Investment Policy. MOW Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson ORDINANCE NO. 2003-62 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE NO. 97-110 RELATIVE TO THE CITY INVESTMENT POLICY PURSUANT TO CHAPTER 10 FINANCE, ARTICLE II INVESTMENT OF CITY FUNDS TO COMPLY WITH THE PUBLIC FUNDS INVESTMENT ACT; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY 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. There were none. Item 12. Resolution, Authorizing Application for TexSTAR Investment Pool Administrative Services Director recommended approval of a resolution authorizing an application for participation in the Texas Short Term Asset Reserve Program (TexSTAR) and authorization for the City Manager to execute said application. Motion by Council Member Freed, seconded by Mayor Pro Tern Ware, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson RESOLUTION NO. 2003-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING AN APPLICATION FOR PARTICIPATION IN THE TEXAS SHORT TERM ASSET RESERVE PROGRAM (TexSTAR); AND PROVIDING AN EFFECTIVE DATE 10 10/21/03 Item 13. Resolution, Declare Dynix, Inc. Sole Source, Library Software Assistant City Manager recommended approval of a resolution declaring Dynix, Inc. as a sole source provider and renewal of the current contract for software, server and peripheral maintenance for the Library Information System in an amount not to exceed $19,731.06. Motion by Council Member Freed, seconded by Mayor Pro Tem Ware, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson RESOLUTION NO. 2003-35 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 SAID CONTRACTS AND DOCUMENTS AND PROVIDING AN EFFECTIVE DATE Item 14. Award Contract, Purchase Fitness Equipment Parks & Recreation Director recommended approval of a contract for the purchase of Fitness Equipment from Fitco in the amount of$24,465.00. Motion by Council Member Freed, seconded by Mayor Pro Tern Ware, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson Item 15. Consideration of Minutes City Secretary recommended approval of the minutes of the October 7, 2003 City Council meetings as published. Motion by Council Member Freed, seconded by Mayor Pro Tern Ware, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None 11 10/21/03 Absent: Johnson RECESS AND RECONVENE Mayor Tate announced the City Council would take a brief recess. Upon reconvening in the Council Chambers all members were present with the exception of Council Member Johnson. ITEM 16. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU03-35 BAJA MEXICAN GRILL Vice Chairman Fry reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU03-35 filed by Baja Mexican Grill granting a conditional use permit to amend the site plan approved by Ordinance No. 2001-72 to enlarge the site and provide a take-out counter on property located at 1212 William D. Tate Avenue. Council Member Freed, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson ORDINANCE NO. 2003-63 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 CU03-35 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2001-72 TO ENLARGE THE RESTAURANT SITE AND PROVIDE A TAKE-OUT COUNTER 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 12 10/21/03 ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 17. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU03-37 DELTA AIRLINES Vice Chairman Fry reported the Commission voted 7-0 for approval of Conditional Use Application CU03-37 filed by Delta Airlines granting a conditional use permit for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine, and mixed beverages) in conjunction with a restaurant/lounge located at Terminal E, Columns 38-42, DFW International Airport. Council Member Spencer, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson ORDINANCE NO. 2003-64 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 CU03-37 FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE, AND MIXED BEVERAGES) IN CONJUNCTION WITH A RESTAURANT/LOUNGE IN A DISTRICT ZONED "GU" GOVERNMENTAL USE DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH 13 10/21/03 DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 18. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU03-38 GAYLORD OPRYLAND TEXAS HOTEL Vice Chairman Fry reported the Commission voted 7-0 for approval of Conditional Use Application CU03-38 filed by Gaylord Opryland Texas Hotel granting a conditional use permit to amend the site plan approved by Ordinance No. 2003-34 for minor site modifications to the hotel and convention center located at 1501 Gaylord Trail. Council Member Stewart, seconded by Mayor Pro Tern Ware, 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, Stewart & Freed Nays: None Absent: Johnson ORDINANCE NO. 2003-65 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN OWN" 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 CU03-38 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2003-34 FOR A PLANNED COMMERCIAL CENTER FOR A HOTEL AND CONFERENCE CENTER FOR MINOR SITE MODIFICATIONS 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; 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; 14 10/21/03 DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 19. PLANNING & ZONING COMMISSION RECOMMENDATION SPECIAL USE APPLICATION SU03-05 GAYLORD OPRYLAND TEXAS HOTEL Vice Chairman Fry reported the Commission voted 7-0 for approval of Special Use Application SU03-05 filed by Gaylord Opry land Texas Hotel granting a special use permit for a helistop on property located at 1501 Gaylord Trail. Council Member Wilbanks, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the ordinance granting the special use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson ORDINANCE NO. 2003-66 AN ORDINANCE ISSUING A SPECIAL USE PERMIT IN ACCORDANCE WITH SECTION 49 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE BY GRANTING SPECIAL USE PERMIT SU03-05 TO ALLOW A HELISTOP IN A DISTRICT ZONED "PCD" UNDER CITY OF GRAPEVINE ORDINANCE NO. 82-73 ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS SPECIAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 20. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU03-39 TGI FRIDAY'S 15 10/21/03 Vice Chairman Fry reported the Commission voted 7-0 for approval of Conditional Use Application CU03-39 filed by TGI Friday's granting a conditional use permit for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant located at Terminal B, Columns 32-35, DFW International Airport. Council Member Spencer, 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, Stewart & Freed Nays: None Absent: Johnson ORDINANCE NO. 2003-67 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 CU03-39 ALLOWING THE POSSESSION, STORAGE, RETAIL SALE AND ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE, AND MIXED BEVERAGES) IN CONJUNCTION WITH A RESTAURANT IN A DISTRICT ZONED "GU" GOVERNMENTAL USE DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 21. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU03-40 GEDROSE HOUSE 16 10/21/03 Vice Chairman Fry reported the Commission voted 7-0 for approval of Conditional Use Application CU03-40 filed by Orin and Colleen Gedrose for the Gedrose House granting a conditional use permit to allow a period home on property located at 401 North Dooley Street. Mayor Pro Tern Ware, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson ORDINANCE NO. 2003-68 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 CU03-40 FOR A PERIOD STYLE HOME IN A DISTRICT ZONED "R-5.0" ZERO LOT LINE 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 22. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU03-42 DOVE CORNER PHARMACY Vice Chairman Fry reported the Commission voted 7-0 for approval of Conditional Use Application CU03-42 filed by Dove Corner Pharmacy granting a conditional use permit for a drive-through window in conjunction with a pharmacy on property located at 115H West Northwest Highway. 17 10/21/03 Council Member Stewart, seconded by Mayor Pro Tern Ware, 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, Stewart & Freed Nays: None Absent: Johnson ORDINANCE NO. 2003-69 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 CU03-42 FOR A DRIVE-THROUGH WINDOW IN CONJUNCTION WITH A PHARMACY IN A DISTRICT ZONED "HC" HIGHWAY COMMERCIAL DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 23. PLANNING & ZONING COMMISSION RECOMMENDATION HISTORIC LANDMARK DESIGNATION APPLICATION HL03-01 C. W. GOAD HOUSE Vice Chairman Fry reported the Commission voted 7-0 for approval of Historic Landmark Designation Application HL03-01 filed by Ron and Victoria Arnold granting a Historic Landmark Designation for the C. W. Goad House located at 403 East Worth Street. Mayor Pro Tern Ware, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the ordinance granting the Historic Landmark Designation. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed 18 10/21/03 Nays: None Absent: Johnson ORDINANCE NO. 2003-70 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DESIGNATING HISTORIC LANDMARK SUBDISTRICT HL03-01 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82-73, ALSO KNOWN AS APPENDIX "D" OF THE CODE OF ORDINANCES, THE COMPREHENSIVE ZONING ORDINANCE, DESIGNATING THE WEST 55-FEET OF LOT 4, BLOCK 34, JENKINS & WALL ADDITION OF THE W.M. DOOLEY SURVEY, ABSTRACT NO. 422, AND MORE SPECIFICALLY DESCRIBED HEREIN, IN A DISTRICT ZONED "R-7.5" SINGLE FAMILY DISTRICT REGULATIONS; PROVIDING FOR THE ADOPTION OF THE C.W. GOAD HISTORIC DISTRICT DESIGN GUIDELINES; 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 24. PLANNING & ZONING COMMISSION RECOMMENDATION SPECIAL USE APPLICATION SU03-04 C. W. GOAD HOUSE Vice Chairman Fry reported the Commission voted 7-0 for approval of Special Use Application SU03-04 filed by Ron and Victoria Arnold granting a special use permit for a bed and breakfast inn (C. W. Goad House) on property located at 403 East Worth Street. Mayor Pro Tern Ware, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the ordinance granting the special use permit. Discussion ensued relative to preserving the single family residences in the Historic District and not encouraging commercial uses within the district. Comments in opposition to the special use permit were that the Historic District Overlay had caused an increase in taxes within the district, approval of the current request could be considered spot zoning and that if the request were approved it would send the message that the City would prefer commercial uses within the Historic District instead of residential uses. Comments 19 10/21/03 supporting the application were that the Historic District was being preserved by allowing some commercial uses and that if the City was changing its direction for preservation and restoration of older homes, that should be communicated to the Historic Preservation Commission. It was noted that the request was not a rezoning application, but a request for special use permit for a bed and breakfast. The motion failed by the following vote: Ayes: Ware & Freed Nays: Tate, Spencer, Wilbanks & Stewart Absent: Johnson ITEM 25. PLANNING & ZONING COMMISSION RECOMMENDATION AMENDMENTS, APPENDIX"D", COMPREHENSIVE ZONING ORDINANCE NO. 82-73, SECTION 25 "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS; SECTON 26 "HC" HIGHWAY COMMERCIAL DISTRICT; SECTION 27 "PO" PROFESSIONAL OFFICE DISTRICT AND SECTION 32 "BP" BUSINESS PARK DISTRICT Vice Chairman Fry reported the Commission voted 7-0 for approval of the proposed amendments to the Grapevine Code of Ordinances, Appendix "D", the Comprehensive Zoning Ordinance No. 82-73, as amended, Section 25 "CC" Community Commercial District Regulations; Section 26 "HC" Highway Commercial District; Section 27 "PO" Professional Office District and Section 32 "BP" Business Park District relative to yard requirements. Council Member Stewart, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation and approve the ordinance amending Appendix "D". The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson ORDINANCE NO. 2003-71 AN ORDINANCE 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 CODE OF ORDINANCES BY PROVIDING FOR AMENDMENTS AND CHANGES TO ZONING REGULATIONS BY AMENDING SECTION 25 "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS, SECTION 26 "HC" HIGHWAY COMMERCIAL DISTRICT, SECTION 27 "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS AND SECTION 32 "BP" BUSINESS PARK 20 10/21/03 DISTRICT; 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; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 26. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 6A, BLOCK 30, YATES AND JENKINS ADDITION Vice Chairman Fry reported the Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 6A, Block 30, Yates and Jenkins Addition. The 0.42 acre property located at the southwest corner of the intersection of Franklin Street and Dooley Street is being platted for the addition of a laundry room to an existing residence. Council Member Stewart, seconded by Council Member Wilbanks, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 6A, Block 30, Yates and Jenkins Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson ITEM 27. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 4R, PARK AND WALL ADDITION Vice Chairman Fry reported the Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 4R, Park and Wall Addition. The 5.25 acre property is being platted for realignment of a 25 foot drainage and utility easement on property located at the northeast corner of Park Boulevard and Wall Street. Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 4R, Park and Wall Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson ITEM 28. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT LOTS 1-4, BLOCK 1, EGGERS ADDITION Vice Chairman Fry reported the Commission voted 7-0 for approval of the Statement of 21 10/21/03 Findings and the preliminary plat of Lots 1-4, Block 1, Eggers Addition. The 4.690 acre property is zoned R-20 Single Family District Regulations and is located north of Wintergreen Terrace. The property is being platted for a four lot residential development. Council Member Freed, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the preliminary plat of Lots 1-4, Block 1, Eggers Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson ITEM 29. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1-4, BLOCK 1, EGGERS ADDITION Vice Chairman Fry reported the Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 1-4, Block 1, Eggers Addition. The 4.690 acre property is located north of Wintergreen Terrace and is zoned R-20 Single Family District Regulations. The property is being platted for a four lot residential development. Council Member Freed, seconded by Mayor Pro Tern Ware, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lots 1-4, Block 1, Eggers Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson ADJOURNMENT Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the meeting at 8:58 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 18th day of November, 2003. APPROVED: William D. Tate Mayor 10/21/03 ATTEST: Linda Huff City Secretary 23