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HomeMy WebLinkAbout1990-12-18The Planning and Zoning Com-nission of the City of Grapevine, Texas, met in Regular Joint Public Hearing Session, on this the 18th Day of December, 1990, in Roan 205 for the Joint Public Hearing and in Roan 204 for the Commission's Deliberation Session, with the following Commissioners present, to wit: Ron Cook Chairman Larry Oliver Vice Chairman Cathy Martin Member Env Meyer Member Robert Hinson Member with Members Larry Atchley and Michael Palpant absent, constituting a quorum, and with the following City Staff: H.T. (Tomrqv) Hardy Chris Casa Scott Dyer Larry Frassinelli Marcy Ratcliff Greg Wheeler Joy Carroll Ray Collins INUTIOCNAM Director of Ccmmmity Development Attorney, City Attorney's Office Civil Engineer Senior Civil Engineer Planner Assistant Building Official Planning Aide Planner The Invocation was offered by Commissioner Robert Hinson. Mayor William D. Tate called the Joint Public Hearing to Order at 7:30 FM; and Chairman Ron Cook called the Planning and Zoning Commission deliberation session to order at 8:50 PM. OLD BUSINESS CONDITIONAL USE APPLICATION CIJ90-14 (TOSH/CHEVRON, USA, INC.) The first item for the Commission's consideration to make a recommendation to the City Council was Conditional Use Application 90-14 submitted by Mr. Danny Tosh for Chevron, USA, Inc. The request is for Lot 1, Block 1, Park and Wall Addition requesting a Conditional Use Permit for the sale, storage and off premise consumption of alcoholic beverages, (beer only) in conjunction with a convenience store/gasoline sales, and amending the approved site plan for a planned camercial center and waive the site plan requirements of Grapevine Comprehensive- Zoning Ordinance 82-73, Section 47.E.2 in accordance with 47.F. The case was tabled from a previous meeting. In the Commission's session Marcy Ratcliff, Planner, advised the Board of Zoning Adjustment denied the variance to the 10 foot buffer requirement at their December 3, 1990, Public Hearing. Following a brief discussion relative to the 40 foot pole sign, Cathy Martin's motion and Ery Meter's second was to recommend the City Council approve the request and waive the site plan requirements of Grapevine Comprehensive Zoning Ordinance 82-73, Section 47.E.2 according to Section 47.F, with the prevailing vote as follows: Ayes: Cook, Martin, Meyer and Oliver Nays: None Absent- Atchley and Palpant Abstain: Hinson A •I I, I h, Y .0 11L P&Z Minutes 12-18-90 Page 3 Next the Commission was to consider Tree Removal Permit 90-04 submitted by Chevron, USA, for Lot 1, Block 1, Park and Wall Addition. Marcy Ratcliff advised the applicant was removing 166 inches and replacing 70 inches in calipher of trees. Mr. Chuck Bradley indicated there was not room on the site for all the trees. Chairman Cook requested that the remaining trees be added to the Grapevine City Tree Farm. Mr. Tommy Hardy suggested the tree replacement be authorized at the time building permits are approved. With no further discussion, second was to approve TR90-04 the Grpaevine Tree Farm, and building permit is authorized. Ery Meyer's motion and Cathy Martin's with 98 caliper inches to be provided at no trees were to be removed until the The prevailing vote was as follows: Ayes: Cook, Martin, Oliver and Meyer Nays: None Absent: Atchley and Palpant Abstain: Hinson F003 I ill 0 a I 1 -.1 51 , 040k Mayor Tate announced no public hearing will be held even though notice had been placed in the newspaper for a public hearing for a replat of the Westwood Subdivision. After the notice was published, the applicant withdrew the replat application. I ON p b 0 � 0J *.10 Im M* 10 The first item for the Commission to consider and make a recommendation to the City Council was Zoning Application Z90-12 submitted by Mr. Don Herzog. Community Development Director H. T., Tommy Hardy, advised that the property owner, Mr. Jamie Cornelius, on behalf of the applicant, Mr. Don Herzog, had requested to withdraw Zoning Application Z90-12, which proposed to rezone approximately 12.966 acres from "R-MF-2", Multi-Family District Regulations, to "R-7.5", Single-Family District Regulations, Mr. Cornelius cited that environmental issues relative to the Texas Power and Light overhead power line explained by the letter submitted determined the decision to withdraw the request. The subject property is located south of Hughes Road, east of Hollyberry Trail and west of the Shadow Glen II-B Subdivision. A motion from Commissioner Cathy Martin and second from Commissioner Ery Meyer was to accept the request to withdraw the case, with the prevailing vote as follows: Ayes: Cook, Oliver, Martin, Meyer and Hinson Nays: None Absent: Atchley and Palpant ITEM 2. ZONING APPLICATION Z90-14 AND CONDITIONAL USE APPLICATION CU90-17 - MR. V. C. BILBO Mr. Tammy Hardy advised Mr. V. C. Bilbo had filed Z90-14 and CU90-17 relative to 1.068 acres located at the southeast corner of Wall Street and the frontage road of State Highway 114, south of the intersection of Wall Street and Park Blvd. Zoning Application 90-14 requests rezoning of the subject tract from "PO", Professional Office, to "CC", Community Commercial. Conditional Use Application 90-17 requests a waiver to specific requirements of Grapevine Comprehensive Zoning Ordinance 82-73, as amended, Section 47.E.2 pursuant to Section 47.F. It also requests a conditional use permit for gasoline sales, car wash and the possession, storage, retail sale and off-premise consumption of alcoholic beverages (beer only) in conjunction with the operation of a service station/convenience store. Mr. Hardy advised the site plan depicts an 1,800 square foot convenience store and an 895 square foot car wash. He noted there had been two previous applications filed for P&Z Minutes 12-18-90 Page 4 the request in August and January relative to the sane property. The area zoning and development was discussed with the aid of a slide presentation. Mr. V. C. Bilbo, owner of the 8.8 acre corner tract, addressed the City Council and Planning and Zoning Commission to request favorable consideration of the rezoning of the subject 1.068 acre tract and the conditional use application. He advised a contract is pending for a Texaco service station, if the zoning is approved. Mr. Tim Lancaster addressed the City Council and Planning and Zoning Commission on behalf of Mr. Bilbo requesting favorable consideration of the rezoning and conditional use applications. Mr. Lancaster briefly reviewed the history of the previous applications filed regarding the subject 1.068 acre tract. He noted the current applications address the concerns previously expressed by the Planning and Zoning Commission relative to the entrance off the service road, entrance off Wall Street, access to the remainder of the tract and use of the remaining property in the approximate eight (8) acre tract. City Council and Planning and. Zoning Commission Members questioned the differences of the current site plan and those submitted with applications. Mr. Lancaster stated. there had been a traffic study by DeSha-zo, Starek and Tang, Inc. The Texas Department of Highways and Public Transportation had approved the entrance form the service road of State Highway 114. Also discussed was the possibility of closing one of the entrances to the rear of the subject property and moving the curb cut on Wall Street to the east property line of the 1.068 acre corner tract. Mr. Hardy advised the applicant had submitted a letter requesting the Planning and Zoning Commission table action on the zoning and conditional use applications since a full body of the Council and Commission was not present to deliberate the case. No guests were present wishing to speak relative to the requests; and there was no correspondence to report. Mayor Tate then closed the public hearing. In the Commission's deliberation session, with little discussion or deliberation, a motion from Vice Chairman Oliver and second from Cathy Martin was to allow the applicant to table the case, with the prevailing vote as follows: Ayes- Cook, Oliver, Martin, Meyer and Hinson Nays: None Absent: Atchley and Palpant ITEM 3 - CONDITIONAL USE APPLICATION CU90-15 - CONSOLIDA'T'ED RESTAURANTS, INC./LA CASA MEXICAN CAFE Next for the Commission to consider and make a recommendation to the City Council was Conditional use Application CLT90-15 submitted by Consolidated Restaurants, Inc./La Casa Mexican Cafe. Mr. Tommy Hardy advised Conditional Use Application 90-15 had been filed by Consolidated Restaurants, Inc., dba La Casa Mexican Cafe requesting a waiver to specific requirements of Grapevine Comprehensive Zoning ordinance 82-73, as am-ended, Section 47.E.2 pursuant to Section 47.F, requesting a conditional use permit for amendments to an approved site plan for a proposed expansion to the existing restaurant for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with the operation of a restaurant in a district zoned "HC", Highway Ccnm-ercial District Regulations with a Site Plan designation. The property address is 1689 West northwest Highway. Mr. Hardy advised the expansion will increase the seating capacity by adding 20 indoor and 84 outdoor/pa-tic, seats, but will not impact the off-street parking. The area zoning and development was depicted by a slide presentation. P&Z Minutes 12-18-90 Page 5 Mr. Hardy introduced Mr. Don Ramey, owner of La Casa, who requested favorable consideration of the request and offered to answer questions. With no questions from the Council or Commission, Mayor Tate then invited guests present to speak for or against the request. With no one wishing to speak and no correspondence to report, the public hearing was then close. In the Commissioner's deliberation session, with no discussion, a motion from Vice Chairman Oliver and second from Cathy Martin was to recommend the, City Council approve the request, with the prevailing vote as follows: Ayes: Cook, Oliver, Martin, Meyer and Hinson Nays: None Absent: Atchley and Palpant ITEM 4 - CONDITIONAL USE APPLICATION CU90-16 - THE VINEY'ARD I , 0 am Next for the Commission to consider and make a recommendation to the City Council was Conditional Use Application 90-16 filed by Jean Mendelson for the Vineyard Partnership. Mr. Hardy advised CU90-16 requested a waiver to specific requirements of Grapevine Comprehensive Zoning Ordinance 82-73, as amended, Section 47.E.2 pursuant to Section 47.F and a conditional use permit for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed drinks) in conjunction with the operation of a restaurant. The tract's zoning is "W", Highway Commercial and is located at 736 East Northwest Highway. The site plan indicates no changes for the existing 6,535 square foot building and 86 parking spaces. The floor plan shows a dining area that will seat 236 persons with a proposed dance floor and bar area. The area zoning and development was shown with a slide presentation. Mr. Hardy advised a petition indicating objection to the conditional use request had been filed by property owners that own 22% of the property within 200 feet of the tract. Because more than 20% of the land area is represented by objecting property owners, a 3/4 vote (6-1) of the members of the City Council is required to approve the request. Therefore, Staff recommended action on the item be tabled to the January 15, 1991, meting, as there are only five Council Members present. The applicant was not in attendance to present the case to the City Council and Planning and Zoning Commission. Mayor Tate invited guests present to comment regarding the conditional use request. Ms. Carolyn Ballew spoke on behalf of her mother, Ms. Bula Ballew, who resides at 736 East Wall Street. Ms. Ballew indicated objection from the neighborhood because alcoholic beverage sales, the bar and dance floor additions could generate potential noise, traffic and disturbance to the residential neig hbo rhood. Mr. Brian Stephens reaffirmed Ms. Ballew's objections on behalf of his mother, Ms. Audrey Stephens, who resides at 809 East Wall.. City Secretary Linda Huff read the following petition containing 25 signatures into the record: "We the undersigned residents of the neighborhood adjacent to the proposed zoning application do hereby state our objections to the protest of the proposed changes, in accordance with Chapter 211.006 (d) of the Texas Local Government code and Appendix "D" of the Grapevine City Code." With no further discussion or comments, the public hearing was then closed. P&Z Minutes 12-18-90 Page 6 In the Commission's deliberation session, Staff restated the recommendation that the Commission table the case. The consensus of the members of the Commission was to hear the applicant's comments about the case. Then a motion from Commissioner Robert Hinson and second from Vice Chairman Larry Oliver was to table the case to the January 15, 1991, meeting, with the prevailing vote as follows: Ayes: Cook, Oliver and Hinson Nays: Martin and Meyer Absent: Atchley and Palpant ITEM 5 - CONDITIONAL USE APPLICATION CU90-18 - MR. JOE KABA/mop=IIS ITALIAN CUISINE Next for the Commission to consider and make a recommendation to the City Council was Conditional Use Application CU90-18 submitted by Mr. Joe Kaba for Moretti's Italian Restaurant. In the public hearing, Mr. Hardy advised CU90-18 requested a waiver to specific requirements of Grapevine Comprehensive Zoning Ordinance 82-73, as amended, Section 47.E.2 pursuant to Section 47.F and a conditional use permit for an amendment to an approved site plan to add a 20 foot pole sign in a district zoned "CN", Neighborhood Commercial Zoning District for 2709 Mustang Drive. The area zoning and development was indicated with the slide presentation. Mir. Gary Weitz, representing Mr. Kaba, requested favorable consideration of the conditional use application. He stated the 20 foot pole sign would be located in the parking area.s landscaped planter island and contain 48 square feet. There was brief discussion of the existing sign on the tract advertising Consuerte's Convenience Store, then with no further discussion, no one to speak and no correspondence to report, the public hearing was then closed. In the Commissioner's deliberation session, with no further discussion, a motion from Cathy Martin and second from Robert Hinson was to recommend the City Council approve the request, with the prevailing vote as follows: Ayes: Cook, Oliver, Martin, Meyer and Hinson Nays: None Absent: Atchley and Palpant ITEM 6 - PROPOSED AMENDMENTS To GRAPEVINE COMPREHENSIVE ZONING ORDINANCE 82-73, SECTIONS 12, DEFINITIONS, 26, HIGHWAY CMERCIAL, 29, HOTEL CORPORATE OFFICE, 42, SUPPLEMENTARY DISTRICT REGULATIONS-, AND 49, SPECIAL USE PERMITS Next for the Commission to consider to make a recommendation to the City Council was the proposed amendments to Grapevine Comprehensive Zoning Ordinance 82-73, Section 12, 26, 29, 42 and 49 (Definitions, Highway Commercial, Hotel Corporate Office, Supplementary District Regulations and Special Use Permits, respectively). In the public hearing, Mr. Hardy reviewed the proposed amendments, noting that the amendment to Section 26, Highway Commercial, would allow two story structures; the proposed amendments to Section 29, Hotel. Corporate Office District would eliminate the buffer requirements except adjacent to residential districts, allow parking garages exceeding two stories, provide flexibility in side yard requirements and exceptions to the perimeter landscaping by special permission of the City Council for interior lot subdivisions; Section 42, Supplementary District Regulations' amendment would allow Council to approve temporary shelters for the homeless during periods of severe weather and allow Staff to administratively approve short term concrete batch plants for periods not to exceed 30 days; and the amendment proposed to Section 49, Special Use Permits, would allow, as a Special Use, group homes for the mentally retarded, abused women and physical P&Z Minutes 12-18-90 Page 7 and psychiatric rehabilitation in all districts except in typical single-family districts. Following brief clarification of emergency shelters, Mayor Tate invited guests present to comment regarding the proposed amendments. No one wished to speak, and there was no correspondence to report. The public hearing was then closed. In the Conmission's deliberation session, there was brief clarification regarding temporary uses relating to severe weather and group care homes. It was noted that Section 38, Governmental Use District, would handle any halfway houses requested. With no further discussion, a motion from Vice Chairman Oliver and second from Ery Meyer was to recommend the City Council approve the plat, with the prevailing vote as follows: Aves: Cook, Oliver, Martin, Meyer and Hinson Nays: None Absent: Atchley and Palpant FINAL PLAT OF THE A. FOSTER ADDITION Next the con-mission was to consider the Final Plat of the A. Foster Addition and make a reccontendation to the City Council. The subject 1.06 acre tract located at the southeast corner of the intersection of State Highway 114, northbound frontage road and. West Wall Street, is a proposed CC, Community Commercial rezoning filed by Mr. V. C. Bilbo with the concept plan indicating a convenience store, gas sales and a car wash. Following a brief discussion relative to changes made to plat, Cathy Martin's motion and Robert Hinson's second was to recommend the City Council deny the plat and waive fees and allow the applicant to come back with a concept plan reflecting changes advised by the Commission at the January 15, 1991, public hearing. The prevailing vote was as follows: Ayes: Cook, Oliver, Martin, Meyer, and Hinson Nays: None Absent: Atchley and Palpant FINAL PLAT OF THE PICKERING FARM, SECTION 1 Next the Commission was to consider the Final Plat of Pickering Farm, Section 1, and make a- recommendation to the City Council The request is for 134 lots on 37.54 acres zoned R-7.5, Single Family. The location is south of Kimball Road and Kimberly Estates, west of Silvercrest Lane and North of Canterbury Village Addition. A notion from Robert Hinson and second from Larry Oliver was to recommend the City Council approve the request, with the prevailing vote as follows: Ayes: Cook, Oliver, Martin, Meyer and Hinson Nays: None Absent: Atchley and Palpant Following the vote, Scott Dyer, Engineer, advised the Commission might want to consider approving the plat contingent a particular easement be shown to prevent the necessity of a separate instrument. Legal Counsel, Chris Casa advised a specific location of the easement would need to be specified. Mr. Joe Wright also discussed the advantages to showing the easement. With no further discussion, Robert Hinsons motion and Larry Oliver's second was to rescind the previous motion, with the prevailing vote as follows: Ayes: Cook, Oliver, Martin, Meyer and Hinson Nays: None Absent: Atchley and Palpant P&Z Minutes 12-18-90 Page 8 Robert Hinson's motion and Larry Oliver's second was then to recommend the City Council approve the plat with the addition of the drainage easement to be shown on the southwest 20 X 15 feet of Lot 34, Block 1 and the northwest corner (220 X 30 feet of Lot 8, Block 12 and the southwest corner clip for 10 X 10 feet of Lot 9, Block 12. The prevailing vote was as follows: Ayes: Cook, Oliver, Martin, Meyer and Hinson Nays: None Absent: Atchley and Palpant Next for the Commisison to consider and make a recommendation to the City Council was the Preliminary Plat of Glade Meadows, 2. The 12.96 acres zoned R-7.5, Single Family, is for 50 lots. The tract is located on the north side of Mulberry south of Hughes and east of Holleyberry Trail, west of the Shadow Glen Addition, 2B. Senior Civil Engineer Larry Frassinelli advised the applicant had requested to withdraw the plat which was in conjunction with Zoning Application Z90-12, Mr. Don Herzog's request for the present R-.MF-2 tract for which environmental concerns have been expressed. with no discussion, a motion from Cathy Martin and second from Ery Meyer was to allow the applicant to withdraw the plat, with the prevailing vote as follows: Ayes: Cook, Oliver, Martin, Meyer and Hinson Nays: None Absent: Atchley and Palpant Next the Commission was consider Mrs. Margaret Barnard's request for the City Council and Commission to consider amending Grapevine Comprehensive Zoning Ordinance 82-73, to add a definition distinguishing between massage parlors and massage therapy establishments. There was discussion relative to the State of Texas licensing procedures for certification for the therapists associated with the medical field. Legal Counsel, Chris Caso, discussed the State Statutes relative to the request. Then Robert Hinson's motion and Larry Oliver's second was to instruct Staff to pursue a public hearing to consider amending the Ordinance to allow massage therapists as a permitted use rather than requiring a Special Use Permit. The prevailing vote was as follows: Ayes: Cook, Oliver, Martin, Meyer and Hinson Nays: None Absent: Atchley and Palpant MINU'T'ES OF THE MEE'T'ING OF NOVEMBER 20, 1990 Next the Commission was to consider the minutes of the Meeting of November 20, 1990. With no discussion, Commissioner Meyer's motion and Commissioner's Martin second, was to approve the Minutes as published with the prevailing vote as follows: Ayes: Cook, Oliver, Martin, Meyer and Hinson Nays: None Absent: Atchley and Palpant MISCELLANEOUS DISCUSSION AND REPORTS Mr. Jerry Daugh of Port America Place, south of State Highway 114, requested the Commission consider landscaping regulations for P&Z Minutes 12-18-90 Page 9 warehousing and trucking establishments in the Light Industrial Zoning District. There was a brief discussion; and no action was taken. ADJOUFdZENT With no further business for the Commission to consider, a motion from Vice Chairman Oliver and second from Commissioner Meyer was to adjourn the meting at 10:15 PM, with the prevailing vote as follows: Ayes: Cook, Oliver, Martin, Meyer and Hinson Nays: None Absent: Atchley and Palpant PASSED AND APPROVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF GRAPEVINE, TEXAS, ON THIS THE 30TH DAY OF JANUARY, 1991. F.11WOV61VA 1 7074 WOVEN I ro I .- � M ATTEST: M wo wo—W.M.PPIA, M011VAM-000-41MWE