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HomeMy WebLinkAboutItem 05 - CU05-19 MarcheTO: FROM: MEETING DATE: SUBJECT: I I -- ~-----------. Grapevine I Lake I ove Ra. I I_ > Northwest �ood� p4e: j 'I sy Hall -Johnson ' ,?s O L, La .4 ml Glade Rd H O DFW Airport L'� M 0 --5, �p Li�� pjZ � 3 HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION ROGER NELSON, CITY MANAGER H.T. HARDY, DIRECTOR OF DEVEL PMENT SERVICES MAY 17, 2005 DEVELOPMENT SERVICES TECHNICAL CONDITIONAL USE APPLICATION CU05-19 I.H. APPLICANT: John Brancato PROPERTY LOCATION AND SIZE: REPORT OF The subject property is located at 1000 International Parkway, Terminal "D" space D-SV109 I REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is 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. PRESENT USE: The property is currently developed as the Dallas/Fort Worth International Airport. The subject site is under construction as the new International Terminal "D." AIRPORT IMPACT: The subject tract is located within "Zone C", zone of greatest effect, as defined on the "Aircraft Sound Exposure: Dallas /Fort Worth Regional Airport Environs" map. Industrial 0:2=CU05-19.4 1 10:51 AM 05/10/05 and commercial uses that can tolerate high levels of sound exposure are appropriate in "Zone C". The applicant's proposal is an appropriate use in this noise zone. MASTER PLAN APPLICATION: The Master Plan designates the subject property as Governmental land use. The applicant's proposal is in compliance with the Master Plan. /rs 0:\ZCU\CU05-19.4 2 8:40 AM 05/09/05 0 1 inch equals 1,000 feet m CU05-19 arche / DFW Airport at y_5 -I cl- A 8 CITY OF GRAPEVINE CONDITIONAL USE APPLICATION Form "A" PART LAPPLICANT INFORMATION Nam of appikentl#gMt Aero/CA One Group, a Texas General Partnership Street address of appOcant / agent 40 Fountain Plaza, Attn: Dorothy A. Keane Cityl Statef ZO Code of appikant /agent: Buffalo, NY 1*4202 Telaphonanumberofapplicant lageni � Fax number of applbantagent (716) 858-5047 - 1 (716) 858-5056 AM"ni's interest in subject property.' Food and Beverage Concessionaire in Termiani D Foodcourt PART 2. PROPERTY INFORMATION $&*a ed*vsx of subject property tj tl 1,,^y ),_?J ) international Parkway, Terminal D, DFW Airport, Texas 75261 5g-jf-d&sa4;*n of subject property (nwles a boards must be desolbed on a 1/7 x il- sheet) Sim OF subjed property." --- Acm 5,760 sou" koive Present zorwV d"sA=tvn useofthepmped)r Proposed use request for the sale, storage and on -premise consumption of alcoholic I Government Use er and yvine only.) . Mmmwm / mxdMum dftfct s&v for cordftnal use request Does Not Apply Ni—wV ordnanov pvvWon raquidno a Wldbmaf use: Does Not Apply PART 3. PROPERTY OWNER INFORMATION Aisme of ounontpmpedy owner Dallas/Fort Worth International Airport Board Street address 0fP1WWWowner. 3200 East Airfield Drive City/ S'iste /zip 75z—de �Wpvpedy Owner DFW Airport, TX 75261 ToWhone numbero(pippei* owner F*x number of properly owner (972) 574-1131 972) 574-2760 ( • Subn* a MW descMng the proposed coWftnal use and note the request on the ste plan document • in the same War, dp=ft or show on the sft PW, snd CMftbn&l Wilkaments or oonox= Imposed upon the paftuter c*vftfiww use by wocaw awk(ingulatJons ("ample butler yards disbow" between users) a in the same letter desmbe whether the proposed condbbrW use wN, or wZ not cause substw0al henn to the value, use, or enjoyment of other pn*wW In the neighbodwod. Also, desm7m how the pmposed cancNdonal use wN add to the value, use or enjoyment of other property in the noobaftod. E) AAdkedon of Sig plan approval (-l"octka 47, see aftsdW Form 18' . , Q Tile site an submission shag meet the Mukomsnft of Secfibn47Site.Plan Requkementsand Sectfon 45.E. J APR 04 tt" ❑ AH conditional use and cond4k;nat use ap#k:sl WW are assumed to be complete when tiled and wM/ be placed on the agenda for pubk treadag at the dscretfon of the staff, Based on the she of the egesta, yourspplication maybe scheduled to s later date. ❑ All public haan'rrgs WIM be operred and testimony gWn by applimft and lrrterasted eftenry. Public hearings maybe continued to the next pudic heark p. PubMc hea*W wMl naf be t~. ❑ Any changes to a sfte plan (no matter Crow mirwor Moor} approved with a conditional use or cor o tonal use permit can only be appnwed by oily oouncif through the pubfrc hearing process. Q t have, read and understand abl the requirements as set tiuttr by the application for oonditionai use or oondbllorrat use permit and acknowledge that abl Mquilpments of this applostlaft haw boon met at the lucre of subrrritta . PART 4. SIGNATURE TO AUTHORIZE CONDITIONAL USE REQUEST AND PLACE A CONDITIONAL USE REQUEST SIGN ON THE SUBJECT PROPERTY Print Appliosars Name: AppNcsnes Signature: John Brancato The Stat, Of County Of�//� yq /7 t �� �-�' Before Me L, / tj z,*q j {.R_!_LL /� � L e `� - or this daypersonatty appeared c 1 u" l -I C'�1 G12r� -fir (notary) (applicant) . known to me (or proved b me on the oath of card or other dxum 4 to be Mie person wtwe name 'la subsonbed to the foregoing kotrument and acdarow(edged to me that he executed the same for ft purposes and consideration th,nain expressed. �, iL - (Soap Given under my hand and seal of office this _ day of _ f���� � A.D. UNDA M. HENSLE + '"= Notary Public, State of e My Comm' tfOFtE}�' AuOust 0 5 IMF F; Of Texas Point Property Owner Name: P owner's Signature. Patrick Gleason The State Of County Of Before Me L 117e, WjIfJ? -5Z?O on this day personably appeared (notary) (property O'n01 known to me (or proved to me on the oath of card or other dooumenq to be the person whose name is subson'bed to the foregoing instrument and acknowfedged to me that he exemod the same for the purposes and consideration dwjo expressed. (Seep Given under my hand and seal of offx�e this,- day of r A.D. 60 'RY Pp"1Y"- LINDA M. HENSLEE Notary Public, State of Texas " Mycommis August 06, nAr sole VTexas APR Q 4 ?005 per --- ACKNOWLEDGEMENT All Conditional Use and Special Use Applications are assumed to be complete when filed and will be placed on the agenda for public hearing at the discretion of the staff. Based on the size of the agenda, your application may be scheduled to a later date. Ali public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the next public hearing. Public hearings will not be tabled. Any changes to a site plan (no matter how.minor or major) approved with a conditional use or a special use permit can only be approved by city council through the public hearing process. Any application for a change In zoning or for an amendment to the zoning. ordinance shall have, from the date of submittal, a period of four months to request and be scheduled on an agenda before the Planning and Zoning Commission and City Council. If after said period of four months an applicadoti has not been scheduled before the Commission and Council said application shall be considered withdrawn, with forfeiture of all filing fees. The application, along with the required filing fee may be resubmitted any time thereafter for reconsideration. Delays In scheduling applications before the Planning and Zoning Commission and City Council created by city staff shall not be considered a part of the four month period. I have read and understand all of the requirements as set forth by the application for conditional use or special use permit and acknowledge . that all requirements of this application have been met at the time of submittal. Signature of Applicant,-!� John Brancato Date: Signature of Owner Date: I,//,- A 0 AERO/CA ONE GROUP 40 Fountain Plaza Buffalo, NY 14202 March 30, 2005 City of Grapevine Development Services Planning Division 200 S. Main Street Grapevine, Texas 76051 Re: Aero/CA One Group Conditional Use Application Site Plan Application Dear Sir: This letter is in response to the Application Review Requirements of the City of Grapevine Conditional Use Application: The proposed conditional use is the sale, storage and consumption of alcoholic beverages (beer and wine only) in conjunction with a food service operation at a location within the now international Terminal D at DFW International Airport. There are no special requirements or conditions imposed by applicable district regulations. The proposed conditional use will be operated within the existing terminal building, and will have no impact on neighboring property. Development and use of neighboring property in accordance with the applicable district regulations will not be prevented or made unlikely. The proposed conditional use of the property will not cause substantial harm to the value, use or enjoyment of other property in the neighborhood. The proposed use will be accessory to activity at DFW International Airport. The proposed conditional use will add to the value, use or enjoyment of other property in the neighborhood by benefiting airport patrons and both business and leisure travelers. Thank you for your consideration of the Conditional Use Application. Yours truly, Z "f John Brancato '\ . c 1�1 ISI 8M me r;O�� r�Oti �♦�,�1 t♦�ti 021 (0n.- 0) (onA) twgol a1 1 1 I 1 I 1 I i i 1 i 1 1 I I s) a SVX31 'ISOd2IIV AM u 8 w =ffi a Jill 60IAS - Q IVNIiK2I3L MDQ N 5 j ,a .F jtf � r � F j arr �v z a J a F- O r a J J Q c.a O_' F— U W J W H z W a 0 W z W U Y O O w O Q O H 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 CU05-19 FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES), IN CONJUNCTION WITH A RESTAURANT 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 WHEREAS, an application was made requesting issuance of a conditional use permit by making applications for same with the Planning & Zoning Commission of the City of Grapevine, Texas, as required by State statutes and the zoning ordinance of the City of Grapevine, Texas, and all the legal requirements, conditions and prerequisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas, after all legal notices requirements, conditions and prerequisites having been complied with; and WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether this requested conditional use permit should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the site; safety from fire hazards and measures for fire control; protection of adjacent property from flood or water damages, noise producing elements, and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting, and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street locating spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; the effect on the overcrowding of the land; the effect on the concentration of population; the effect on the transportation, water, sewerage, schools, parks and other facilities; and WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council of the City of Grapevine, Texas, did consider the following factors in making a determination as to whether this requested conditional use permit should be granted or denied; effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on the promotion of health and the general welfare, effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and WHEREAS, all of the requirements of Section 48 of Ordinance No. 82-73 have been satisfied by the submission of evidence at a public hearing; and WHEREAS, the City Council further considered among other things the character of the existing zoning district and its peculiar suitability for particular uses and with the view to conserve the value of buildings and encourage the most appropriate use of land throughout this City; and WHEREAS, the City Council of the City of Grapevine, Texas, does find that there is a public necessity for the granting of this conditional use permit, that the public demands it, that the public interest clearly requires the amendment, that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and WHEREAS, the City Council of the City of Grapevine, Texas, does find that the conditional use permit lessens the congestion in the streets, helps secure safety from fire, panic and other dangers, prevents the overcrowding of land, avoids undue concentration of population, facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the City Council of the City of Grapevine, Texas, has determined that there is a necessity and need for this conditional use permit and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the property requested for a change since this property was originally classified and, therefore, feels that the issuance of this conditional use permit for the particular piece of property is needed, is called for, and is in the best interest of the public at large, the citizens of the City of Grapevine, Texas, and helps promote the general health, safety and welfare of this community. ORD. NO. 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the City does hereby issue 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 No. CU05-19 to allow for the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant (Marche) within the following described property: Terminal D, Space D-SV109 (1000 International Parkway), all in accordance with a site plan approved pursuant to Section 47 of Ordinance No. 82-73, attached hereto and made a part hereof as Exhibit "A", and all other conditions, restrictions, and safeguards imposed herein, including but not limited to the following: None. Section 2. The City Manager is hereby directed to amend the official zoning map of the City of Grapevine, Texas, to reflect the herein conditional use permit. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said City of Grapevine zoning ordinance and all other applicable and pertinent ordinances of the City of Grapevine, Texas. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the community. They have been designed with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to secure safely from fire, panic, flood and other dangers; provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the normal business, commercial needs and development of the community. They have been made with reasonable consideration, among other things, of the character of the district, and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. This ordinance shall be cumulative of all other ordinances of the City of Grapevine, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances which are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the tract or tracts of land described herein. ORD. NO. 3 Section 7. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 17th day of May, 2005. ATTEST: ORD. NO. 4 South Mezzanine Li The 2nd story North and South Mezzanine levels are located directly above the Concourse and represent the upper floor of the Terminal D villages. Concession Areas Total Sq. Ft. 11 Retail & Newsstands 27,701 Food & Beverage 39,427 Passenger Services 9,284 Duty Free 11,327 Hotel Vestibule La Duni Latin Cafe Buckaroo Duty Marche - Railhead BBQ, Fuddrucker's, I Einstein Bros. Bagels; �" 3601 Burritos :tel Concourse Di Landau J welry Mind Works® Tigin Irish Pub ,odega\ _ ... North Mezzanine I i l Bucka oo Duty Free I 1 Cantina Laredo i 0 NV20 i 20 i i N12 i ^ NV203 \Ni202 NN 1206 O N1201 N 05 in'E BBQ assfl ® O Izz an's Cafe ---------- Fnotion Pictures Blue Mesa Blue Bamboo PGA Tour Shop ,�McDonald's T.G.I. Friday's -------------- Skybridge Access to Terminals A, B and C Southwest News Wall St. News