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HomeMy WebLinkAboutCU2012-47PART 1. APPLI( Applicant Name: 1144 6 v To. >e -yrs t_LC cwa� CITY OFGRAPEVINE CONDITIONAL USE APPLICATION Form "A" Applicant Address: I'635o N . Ca -V +-ral CxwL-�, fb l3oo City/State/Zip D,,ws r X75 a -0G Phone No. a14(-891-3200 Fax No. .2 1 3203 Email Address ��� Mobile Phone X144-765— 1080 Applicant's interest in subject property) 0�w�...'g CC.SQ�400A` V e PART 2. PROPERTY INFORMATION Street Address of subject property iLxo l UD r%W\ a- ~ Legal Description: Lota + Block Addition 14 a -r [Qy o�, Legal description of subject property (metes & bounds must be described on 8 1/2" x 11" sheet Size of subject property: acres 5111 square footage Present zoning classification N e.. El Soc t U��P� i r.Q. Proposed use of property I 'kQS.F.ga,,,�-1 Zoning ordinance provision requiring a conditional use 0 6LACAoor- ({.iy.t/rr)�+Ckcd or 'Z�P&JQ t r PART 3. PROPERTY OWNER INFORMATION J Property Owner hy 6V Prop Owner Address I q 3 5o N. O-e-vL-+raA CXwr, }E 13o6 City/State/Zip I boail tT�t 75 zI-v(o Phone No. I ZIk—'$q1 _ 32oo Fax No. I J2l,.y_$91-32.03 ❑ Submit a letter describing the proposed conditional use and note the request on the site plan document ❑ In the same letter, describe or show on the site plan, and conditional requirements or conditions imposed upon the particular conditional use by applicable district regulations (example: buffer yards, distance between users) ❑ In the same letter, describe whether the proposed conditional use will, or will not cause substantial ham to the value, use, or enjoyment of other property in the neighborhood. Also, describe how the proposed conditional use will add to the value, use or enjoyment of other property in the neighborhood. ❑ Application of site plan approval (Section 47, see attached Form "B"). -. ❑ The site plan submission shall meet the requirements of Section 47, Site Plan Requirements. C'u i�a-u ❑ All conditional use and conditional 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. ❑ All 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 conditional use permit can only be approved by city council through the public hearing process. O I have read and understand all the requirements as set forth by the application for conditional use or conditional use permit and acknowledge that all requirements of this application have been met at the time of submittal. PART 4. SIGNATURE TO AUTHORIZE CONDITIONAL USE REQUEST AND PLACE A CONDITIONAL USE REQUEST SIGN ON THE SUBJECT PROPERTY t 14 61 V TOvDe f- 5 LLC Print Applicant's Name The State of ( S County of I DOALgS Signature Before me (notary) I W €cL R,.kj,,.r on this day personally appeared (applicant)Jok K --TT Cy CL- • 5 known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. (Seal) Given under my hand and seal of office this FS -H. day ofo ov �,,, %4 e r A.D. 2y v-4;. % `wrip. LISA MARIE BUTLER `�,, +; Notary Public, State of Texas My Commission Expires % tBE1iE:° January 11, 2013 ------ `°� Notary In and For State of �__ tea. S n I ( II -1 G V 'T6�0 e�J- s Print Property Owner's Name The State of I -Few CL 5 Owner's Signature County of I Doaux- 5 Before me (notary) I W S4 $v*tl r on this day personally appeared (applicant) �o k�—j, E0 known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed (Seal) Given under my hand and seal of office this day of[ A.D. LISA MARIE BUTLER �£ Notary Public, State of Texas My Commission Expires Notary In and For State of �(t,Qta-S January 11, 2013 PART 1. APPLICANT INFORMATION Applicant Name: I ( ( 4 G V TbAr_c-5 Lt.G Cola-L� �1 CITY OFGRAPEVINE Applicant Address: I g 3 S C}�a� E,yLwy • # ( '300 City/State/Zip ,Dca f.S rT>L 75�2.0& SITE PLAN APPLICATION Form °B" Phone No. o2Iq-4�3Otl -aOp Fax No. I a14 -%?91 -3203 Email Address � Mobile Phone �r,t7(0�_ (O$O Applicant's interest insubjectproperty bi.aver • s �¢.pc-e6w, A-ct4� y 2 PART 2. PROPERTY INFORMATION Street Address of subject property Legal Description: Lot � Block F Addition �p.�,�\1Q`'� AcU(,fir Legal description of subject property (metes & bounds must be desu4ibed on 8 1/2" x 11" sheet Size of subject property: acres FM 45 69 Present zoning classification 4o, El Proposed use of property I Zoning ordinance provision requiring a conditional PART 3. PROPERTY OWNER INFORMATION Property Owner I ((L( &V —►l�``O�n1u.�e rs (��. Prop Owner Address 10, 0 11 lt-r��� EXWY• A. 1300.. City/State/Zip tLq..5-- �752oro Phone No. 114 -0091 Q.0 C> Fax No. �atr,�-gRl-32o� Gina-4�7 Attach a final plat, or replat, of the approved subdivision by city council showing property boundary lines, dimensions, easements, roadways, rail lines, and public rights -of way crossing and adjacent to the tract ( 1 blueline copy) If a master development plan is required, attach a statement showing the proposed use substantially conforms to the master development plan. Submit a site plan showing all information required by Section 47.E., Site Plan review requirements (see attached requirements). Provide all required information demonstrating compliance with all conditions imposed on any conditional use, site plan zoning, or conditional use zoning. All site plans must conform to the approved concept plan. Any changes to a site plan, approved with a conditional use or a conditional use, can only be approved by city council through the public hearing process. PART 4. SIGNATURE TO AUTHORIZE FILING OF A SITE PLAN it y U v To mer s L>_.C. `® Print Applicant's Name Ap icant's Signature The State of Te->Lco, -5 County of b atlws pj w-tler on this day personally appeared (applicant) Before me (notary) FLJ1 S4 known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. (Seal) Given e this 5� day of Nov C** -be4— • A.D. �— p 12— LISA MARIE BUTLER • �A{� Notary Public, State of Texas ���%� ' ;!"`ion MY Commission Expires ;,�o,`E;o` January 11, 2013 Notary In and For State of l l H &V To cAer-s L.-.0 Print Property Owner's Name The State of I Tre 1CCo County of 11 C)011as Signature Before me (notary) I "40. B,*LQ_4' on this day personally appeared (applicant) I Sok&. 7- Ev e known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. (Seal) Given under my hand and seal of office this[ 5a{. day of Fisov e.H \aq_i' , A.D. F020 ( 2- 0 090101IcRlSiatATofRexas ission Expiresry 11, 2013 Notary In and For State of PLATTING VERIFICATION CIS This verification statement must be signed prior To the submittal of this conditional use application It has been determined that the property described below does require platting or replatting and the applicant has been instructed on this procedure. ApA, _ -1 p(qt It has been determined that the property described below is currently platted or does not require platting or replatting at this time. Address of subject property 13o I , i'A O 1 `r 1Z`t 3 i tli ok,,.,. D . � , 6cg=� i ^,Q� Legal description of subject property Lot -S aA —1 2 A • a, a Al ''� �J IA t (o e_k, 1 l 4e� �� A,dd 1 i -i o Public Works Department Date This form must be signed by the public works department and submitted along with a completed application to the planning and zoning department ACKNOWLEDGEMENT Cu I 4 I 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. All 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 application 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 Date Signature of Property Ow Date J' S 1 inch = 300 feet CU 12-47 Jimmy John's Gourmet Sandwiches November 30, 2012 Ms. Christine Lopez Fort Worth Star Telegram P.O. Box 1870 Fort Worth, Texas 76102 RE: Grapevine Account # CIT 25 Dear Ms. Lopez, Cu I D- Ll -1 VIAFACSIMILE 817-390-7361 817-390-7520 Please find enclosedthe following for publication on Sunday, December 2, 2012, in the Northeast Edition of the Neighborhood Extra Section of the Fort Worth Star Telegram. (One time only) Item Notice of Public Hearing Z12-14, CU12-37 — Grapevine Golf Carts Notice of Public Hearing CU12-47 - Jimmy John's Notice of Public Hearing CU12-45 — Qdoba Mexican Grill Notice of Public Hearing SU12-04 — Metro PCS Meeting Date December 18, 2012 December 18, 2012 December 18, 2012 December 18, 2012 As always, your assistance is greatly appreciated. If you have any questions please contact me at (817) 410-3155. Sin ly, AZ47 usan Batte Planning Technician DEVELOPMENT SERVICES DEPARTMENT The Ciry of Grapevine • P.O. Box 95104 • Yrapevine, Texas 76099 • (817) 410-3154 Fax (817) 410-3018 • www.grapevinetexas.gov CITY OF GRAPEVINE, TEXAS On Tuesday evening, December 18, 2012 at 7:30 P.M. in the City Council Chambers, 2nd Floor, 200 South Main Street, Grapevine, Texas, the City Council and Planning and Zoning Commission of the City of Grapevine will hold a public hearing to consider the following items: Z12-141 CU12-37 — Grapevine Golf Carts - submitted by Terry Hundley for property located at 1380 West Northwest Highway and proposed to be platted as Lot 2R, Block 1, Dove Road Addition. The applicant is requesting to rezone approximately 0.229 acre from "PO" Professional Office to "HC" Highway Commercial. The applicant is also requesting a conditional use permit to expand the outside storage area. The property is currently zoned "HC" Highway Commercial and "PO" Professional Office and is owned by TH. Holding LLC. CU12-47 - Jimmy John's Gourmet Sandwiches - submitted by 114 GV Towers LLC for property located at 1401 William D Tate Avenue #500 and platted as Lots 2131, Block 1, Hayley Addition. The applicant is requesting a conditional use permit to allow outdoor dining and outdoor speakers. The property is zoned "HC" Highway Commercial and is owned by 114 GV Towers LLC. CU12-45 - Qdoba Mexican Grill - submitted by Odehmickens DFW Concessions located at 1000 International Parkway, Terminal A, Columns 41-44. The applicant is requesting a conditional use permit to allow the possession, storage and retail sales of on -premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant. The property is currently zoned "GU" Governmental Use and is owned by Dallas/Fort Worth International Airport. SU12-04— Metro PCS - submitted by Bauman Consulting for property located at 655 Park Boulevard and platted as Woodlake Apartments. The applicant is requesting a special use permit to expand the lease area and add new equipment in conjunction with an Oncor transmission tower. The property is zoned "R -MF -2" Multifamily District and is owned by Woodlake Associates Ltd. After all parties have been given an opportunity to speak, the public hearing will be closed and the Commission and the City Council will deliberate the pending matters. Please contact Development Services Department concerning any questions, 200 S Main Street, Grapevine, Texas 76051 or PO Box 95104, Grapevine, Texas 76099, 817-410-3155. A copy of the site plan for all the above referenced requests is on file with the Development Services Department. 2 HP OfficeJet K Series K80 Log for Personal Printer/Fax/Copier/Scanner DEVELOPMENT SERVICES 8174103018 Nov 30 2012 3:09pm Date Time Tyne Identification Duration Paces Result Nov 30 3:08pm Fax Sent 98173907361 1:34 2 OK Star -Telegram 808 Throckmorton St. FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 26-2674582 Bill To: CITY OF GRAPEVINE SECRETARY PO BOX 95104 GRAPEVINE, TX 76099-9704 CITY OF GRAPEVINE, TEXAS On Sales Discount Mise Fee I3580 I N V VlUh 1 77 100 44aauo un 3 THE STATE OF TEXAS County of Tarrant Cu I a -/-A 1 Customer ID: CIT25 Invoice Number: 323656961 Invoice Date: 12/2/2012 Terms: Net due in 21 days Due Date: 12/31/2012 PO Number: Order Number: 32365696 Sales Rep: 073 Description: CITY OF GRAPEVI Publication Date: 12/2/2012 77 LINE $7.24 $557.48 ($413.48) $10.00 Net Amount: $154.00 Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star -Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was publipbod in the above named paper on the listed dates: BIDS 8 LEGAL DEPT STAR TELEGRAM (817) 215-2323 Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, De 4, 2012. Notary Public i Thank You For Your Payment --------------------------------------------- Remit To: Star -Telegram Customer ID: CIT25 P.O. BOX 901051 Customer Name: CITY OF GRAPEVINE SECR FORT WORTH, TX 76101-2051 Invoice Number: 323656961 Invoice Amount: $154.00 PO Number: Amount Enclosed: $ ``•;ot CHRISTY LYNNE HOLLAND ;aoi�: Notary Public, State of Texas '4', a My Commission Expires ;;;o°July 31, 2016 Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star -Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was publipbod in the above named paper on the listed dates: BIDS 8 LEGAL DEPT STAR TELEGRAM (817) 215-2323 Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, De 4, 2012. Notary Public i Thank You For Your Payment --------------------------------------------- Remit To: Star -Telegram Customer ID: CIT25 P.O. BOX 901051 Customer Name: CITY OF GRAPEVINE SECR FORT WORTH, TX 76101-2051 Invoice Number: 323656961 Invoice Amount: $154.00 PO Number: Amount Enclosed: $ Legal Notices questions, 200 5 Main Street, Grapevine, Texas 76051 or PO Sox 95104, Grapevine, Texas 76099,817- 410-3155. A copy of the site plan for all the above referenced re- quests is on file with the Devel- opment Services Department. Development Service Department Public Hearing Property Owner Research Applicant: Jimmy John's Gourmet Sandwiches Case No.: CU12-47 Address/Legal Description: 1401 William D Tate Ave LegalDescription Situs AddressName/Address BELLAIRE ADDITION- 001524 BELLAIRE DR HERNANDEZ, JOSE L ETUX MARIA E GRAPEVINE 1524 BELLAIRE DR BLK 10 LOT 15 GRAPEVINE TX 760514004 BELLAIRE ADDITION- 001508 BELLAIRE DR DIX, RICHARD E ETUX CYNTHIA GRAPEVINE 1508 BELLAIRE DR BLK 10 LOT 14 GRAPEVINE TX 760514004 BELLAIRE ADDITION- 001425 BELLAIRE DR COVEY, JAMES KENNETH GRAPEVINE 1425 BELLAIRE DR BLK 11 LOT 6 GRAPEVINE TX 760514003 BELLAIRE ADDITION- 001429 BELLAIRE DR JOHNSON, CLYDENE GRAPEVINE 520 DOOLEY CT BLK 11 LOT 5 GRAPEVINE TX 760515454 BELLAIRE ADDITION- 001433 BELLAIRE DR JOHNSON, KENNETH L & CLYDENE GRAPEVINE 520 DOOLEY CT BLK 11 LOT 4 GRAPEVINE TX 760515454 BELLAIRE ADDITION- 001513 BELLAIRE DR LIVENGOOD, KATHLEEN DALE GRAPEVINE 415 CRESTVIEW DR BLK 11 LOT 1 GRAPEVINE TX 760513570 BELLAIRE ADDITION- 001505 BELLAIRE DR EMRULAJ, BUKURIE & SELAMI GRAPEVINE 1408 LONGHORN TRL APT 112 BLK 11 LOT 2 CROWLEY TX 760364756 BELLAIRE ADDITION- 001501 BELLAIRE DR MILLER, HARVEY D & KAREN ANN GRAPEVINE 2847 CANYON DR BLK 11 LOT 3 GRAPEVINE TX 760516014 BELLAIRE ADDITION- 001417 BELLAIRE DR MUEHLSTEIN, JOHNNY F GRAPEVINE 1417 BELLAIRE DR BLK 11 LOT 7 GRAPEVINE TX 760514003 BELLAIRE ADDITION- 001411 BELLAIRE DR REYNOLDS, LUCKY L ETUX SHARON GRAPEVINE 1411 BELLAIRE DR BLK 11 LOT 8 GRAPEVINE TX 760514003 BELLAIRE ADDITION- 001412 HILL ST ADAMS, CLARENCE 0 & B K KELLAM GRAPEVINE 13430 GULF BEACH HWY BLK 11 LOT 10 PENSACOLA FL 325078811 BELLAIRE ADDITION- 1403 BELLAIRE DR DIXON, EDWARD GRAPEVINE 1403 BELLAIRE DR BLK 11 LOT 9 GRAPEVINE TX 760514003 V IVA 0:\ZCU\Fo"s\ZCU.31.doc 1 V V V Development Service Department Public Hearing Property Owner Research Applicant: Jimmy John's Gourmet Sandwiches Case No.: CU12-47 Address/Legal Description: 1401 William D Tate Ave LegalDescription TOWNE CENTER Situs AddressName/Address DK GRAPEVINE LLC ETAL 001250 WILLIAM D TATE ADDITION AVE 321 AVENUE F BLK 1 LOT 2 REDONDO BEACH CA 902775147 TOWNE CENTER 001260 WILLIAM D TATE USRP FUNDING 2001-A LP ADDITION AVE PO BOX 1671 BLK 1 LOT 5R ORLANDO FL 328021671 HAYLEY ADDITION 001271 WILLIAM D TATE GREENFIELD, BARBARA BLK 1 LOT 1R1 AVE 391 S HENNING WAY ANAHEIM CA 928074009 TOWNE CENTER 001380 WILLIAM D TATE NET LEASE FUNDING 2005 LP ADDITION AVE PO BOX 1671 BLK 1 LOT 4R1 ORLANDO FL 328021671 HAYLEY ADDITION 001281 WILLIAM D TATE R KOENIGSEDER IV FAMILY LP BLK 1 LT 1 R2R1 AVE 5861 S COOPER ST ARLINGTON TX 760174445 HAYLEY ADDITION 001301 WILLIAM D TATE GRAPEVINE TOWERS LTD, BLK 1 LOT 4 AVE 8350 N CENTRAL EXPY STE 1300 DALLAS TX 752061620 HAYLEY ADDITION 001293 WILLIAM D TATE TATE STREET JOINT VENTURE BLK 1 LT 1 R2R2 AVE 8350 N CENTRAL EXPY STE 1300 DALLAS TX 752061620 TOWNE CENTER 001400 WILLIAM D TATE AJL EQUITY LLC ADDITION AVE 8333 DOUGLAS AVE STE 310 BLK 1 LOT 6R DALLAS TX 752256042 BALL ST SUBSTATION 001310 BALL ST ONCOR ELECTRIC DELIVERY CO ADDITION LLC BLK 1 LOT 1 PO BOX 219071 DALLAS TX 752219071 HAYLEY ADDITION 001000 W STATE HWY WAFFLE HOUSE INC, #787 BLK 1 LOT 3R3 114 PO BOX 6450 NORCROSS GA 300916450 HAYLEY ADDITION 000790 W STATE HWY BRINKER TEXAS LP BLK 1 LOT 5RA 114 6820 LBJ FWY STE 200 DALLAS TX 752406517 HAYLEYADDITION 000750 W STATE HWY MACGRAPE LP BLK 1 LOT 5RB1 114 6820 LBJ FWY DALLAS TX 752406511 0:\ZCU\Fo"s\ZCU.31.doc 2 PAF i J V J J J 1/ r Development Service Department Public Hearing Property Owner Research Applicant: Jimmy John's Gourmet Sandwiches Case No.: CU12-47 Address/Legal Description: 1401 William D Tate Ave LegalDescription Situs AddressName/Address FOSTER, A HEIRS 001320 BALL ST ONCOR ELECTRIC DELIVERY CO SURVEY LLC A 518 TR 5A07 PO BOX 219071 DALLAS TX 752219071 U S POSTAL SERV ADDN 001251 WILLIAM D TATE UNITED STATES POSTAL SERVICE (GPV) AVE 7800 STEMMONS FWY STE 400 BLK 1 LOT 1R DALLAS TX 752474220 HAYLEY ADDITION 000600 W STATE HWY PAPPAS RESTAURANTS INC BLK 1 LOT 6 114 13939 NORTHWEST FWY HOUSTON TX 770405115 HAYLEY ADDITION 000900 W STATE HWY CONSTRUCTION DEVELOPMENT BLK 1 LOT 3R4 114 LTD 10000 N CENTRAL EXPY STE 400 DALLAS TX 752314180 HAYLEYADDITION 1401 WILLIAM D TATE 114 GV TOWERS LLC BLK 1, LOT 2R1, 2R4 & AVE 8350 N CENTRL EXPY STE 1300 2R5 DALLAS TX 75206-1620 HAYLEY ADDITION 1303 WILLIAM D TATE BALL STREET JOINT VENTURE BLK 1, LOT 2R2 AVE 8350 N CENTRL EXPY STE 1300 DALLAS TX 75206-1620 HAYLEY ADDITION WILLIAM D TATE AVE GRAPEVINE TOWERS LTD BLK 1, LOT 2R3 8350 N CENTRL EXPY STE 1300 DALLAS TX 75206-1620 HAYLEY ADDITION 000700 W STATE HWY LEVINE INVESTMENTS LP BLK 1 LOT 5RB2A 114 1702 E HIGHLAND AVE STE 310 PHOENIX AZ 850164690 PAYTON-WRIGHT 000440 W STATE HWY PAYTON REALTY MGMT LTD ETAL ADDITION 114 PO BOX 1662 BLK 1R LOT 1R2 EULESS TX 760391662 TOWNE CENTER 001270 WILLIAM D TATE GRAPEVINE TATE CORNER LP ADDITION AVE 3102 MAPLE AVE STE 500 BLK 1 LOT 1R2 DALLAS TX 752011262 TXDOT 2501 SW LOOP 820 FORT WORTH, TX 76133-2300 .✓ IVA V/ IVA FA 0:\ZCU\Fonns\ZGU.31.doc 3 Development Service Department Public Hearing Property Owner Research Applicant: Jimmy John's Gourmet Sandwiches Case No.: CU12-47 Address/Legal Description: 1401 William D Tate Ave Proof of Notice in the City of Grapevine, Texas Case No. CU12-47 Planning and Zoning Commission Pursuant to Article 1011 F, Vernon's Civil Statutes: I, the undersigned being a Planner for the City of Grapevine and having the records pertaining to applications for change of zoning and the notices sent pursuant thereto under my supervision and control, in the performance of the function of my office and employment, do hereby solemnly swear and affirm that pursuant to Article 1011 F, Vernon's Civil Statutes, written notices were served on the parties listed above in the City of Grapevine, zoning Case CU12-47 on this the 7th day of December 2012. (D) — Duplicate (N) — Indicates notice addressed and stamped. Executed this the 7th day of December 2012. City of Grapevine Planner State of Texas County of Tarrant Before me Susan Batte on this day personally appeared Ron Stombaugh known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. (Seal) given under my hand and seal of office this 7th day of December 2012. zao�� Notdry Z'j::2 in and for State of Texas Bati9 F. 0:2CU\FOrrns\ZCU.31.doc 4 1 inch = 400 feet CU 1247 Jimmy John's Gourmet Sandwiches 114 GV TOWERS LLC EMRULAJ, BUKURIE & SELAMI 8350 N CENTRL EXPY STE 1300 1408 LONGHORN TRL APT 112 CU 12-47 DALLAS TX 75206-1620 CROWLEY TX 760364756 Jimmy John's ADAMS, CLARENCE O & B K KELLAM 13430 GULF BEACH HWY PENSACOLA FL 325078811 AJL EQUITY LLC 8333 DOUGLAS AVE STE 310 DALLAS TX 752256042 BALL STREET JOINT VENTURE 8350 N CENTRL EXPY STE 1300 DALLAS TX 75206-1620 BRINKER TEXAS LP 6820 LBJ FWY STE 200 DALLAS TX 752406517 CONSTRUCTION DEVELOPMENT LTD 10000 N CENTRAL EXPY STE 400 DALLAS TX 752314180 COVEY, JAMES KENNETH 1425 BELLAIRE DR GRAPEVINE TX 760514003 DIX, RICHARD E ETUX CYNTHIA 1508 BELLAIRE DR GRAPEVINE TX 760514004 DIXON, EDWARD 1403 BELLAIRE DR GRAPEVINE TX 760514003 GRAPEVINE TATE CORNER LP 3102 MAPLE AVE STE 500 DALLAS TX 752011262 GRAPEVINE TOWERS LTD, 8350 N CENTRAL EXPY STE 1300 DALLAS TX 752061620 GREENFIELD, BARBARA 391 S HENNING WAY ANAHEIM CA 928074009 HERNANDEZ, JOSE L ETUX MARIA E 1524 BELLAIRE DR GRAPEVINE TX 760514004 JOHNSON, CLYDENE 520 DOOLEY CT GRAPEVINE TX 760515454 JOHNSON, KENNETH L & CLYDENE 520 DOOLEY CT GRAPEVINE TX 760515454 LEVINE INVESTMENTS LP 1702 E HIGHLAND AVE STE 310 PHOENIX AZ 850164690 LIVENGOOD, KATHLEEN DALE 415 CRESTVIEW DR GRAPEVINE TX 760513570 MILLER, HARVEY D & KAREN ANN 2847 CANYON DR GRAPEVINE TX 760516014 MUEHLSTEIN, JOHNNY F 1417 BELLAIRE DR GRAPEVINE TX 760514003 NET LEASE FUNDING 2005 LP PO BOX 1671 ORLANDO FL 328021671 ONCOR ELECTRIC DELIVERY CO LLC PO BOX 219071 DALLAS TX 752219071 PAPPAS RESTAURANTS INC 13939 NORTHWEST FWY HOUSTON TX 770405115 PAYTON REALTY MGMT LTD ETAL PO BOX 1662 EULESS TX 760391662 R KOENIGSEDER IV FAMILY LP 5861 S COOPER ST ARLINGTON TX 760174445 REYNOLDS, LUCKY L ETUX SHARON 1411 BELLAIRE DR GRAPEVINE TX 760514003 DK GRAPEVINE LLC ETAL MACGRAPE LP TATE STREET JOINT VENTURE 321 AVENUE F 6820 LBJ FWY 8350 N CENTRAL EXPY STE 1300 REDONDO BEACH CA 902775147 DALLAS TX 752406511 DALLAS TX 752061620 TXDOT 2501 SW LOOP 820 FORT WORTH, TX 76133-2300 UNITED STATES POSTAL SERVICE 7800 STEMMONS FWY STE 400 DALLAS TX 752474220 USRP FUNDING 2001-A LP PO BOX 1671 ORLANDO FL 328021671 WAFFLE HOUSE INC, #787 PO BOX 6450 NORCROSS GA 300916450 File #: CU1247 JIMMY JOHN'S GOURMET SANDWICHES NOTICE OF PUBLIC HEARING GRAPEVINE CITY COUNCIL AND PLANNING AND ZONING COMMISSION Because you are a property owner within 200 feet of the subject tract of land as shown by the last City -approved tax rolls, you received this notice. If you cannot or do not wish to attend the hearing, the attached form is provided for your convenience. If owners of more than 20% of the property within 200 feet of the subject tract object to the case, a 3/4 vote of the City Council is required to approve the request. Purpose of Request: The public hearing is to consider an application submitted by 114 GV Towers LLC for property located at 1401 William D Tate Avenue #500 and platted as Lots 2R1, Block 1, Hayley Addition. The applicant is requesting a conditional use permit to allow outdoor dining and outdoor speakers. The property is zoned "HC" Highway Commercial and is owned by 114 GV Towers LLC. A copy of the site plan is on file with the Development Services Department. Hearing Procedure: When: 7:30 PM, TUESDAY, DECEMBER 18, 2012 What: JOINT PUBLIC HEARING GRAPEVINE CITY COUNCIL & PLANNING AND ZONING COMMISSION Location: PUBLIC HEARING: COUNCIL CHAMBERS, 2nd FLOOR COMMISSION'S DELIBERATION SESSION, 2nd FLOOR 200 S. MAIN STREET, GRAPEVINE, TEXAS Applicant and Other Speakers' Presentation. Public Input, Neighborhood Associations, Property Owners Within 200 feet, Interested Citizenry. Questions from City Council and Planning and Zoning Commission for Applicants, City Staff and Guests Present. File #: CU12-47 JIMMY JOHN'S GOURMET SANDWICHES WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5PM ON MONDAY, DECEMBER 17, 2012 Procedure to Respond: As (a Property Owner within 200 feet of the subject tract) or (an interested citizen), I (approve) (protest) and/or (have the following comments) Current Property Owner (printed) Property Address: Lot , Block , Addition Property Owner Signature: Property Owner Name (printed): Daytime phone number: Telephone: (817)410-3155 Fax: (817)410-3018 Direct questions and mail responses to: Planning Technician Department of Development Services City of Grapevine P.O. Box 95104 Grapevine, Texas 76099 e ITEM # Jf a TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER ?;V SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: DECEMBER 18, 2012 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU12-47 JIMMY JOHN'S GOURMET SANDWICHES APPLICANT: John Evans. PROPERTY LOCATION AND SIZE: The subject property is located at 1401 William D. Tate Avenue, Suite 500 and is platted as Lot 2R1, Block 1, Hayley Addition. The property contains 82,728 square feet and has approximately 216 feet of frontage along the West State Highway 114 service road and 190 feet of frontage along William D. Tate Avenue. REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to amend the previously approved site plan of CU11-31 (Ord. 11-60) for a planned commercial center, specifically to allow outside dining and one outdoor speaker in conjunction with a restaurant. The applicant proposes to add 16 outdoor patio seats to the existing Jimmy John's Gourmet Sandwich restaurant along with one outdoor speaker to provide light background music for those sitting outside. If approved, a total of 92 seats (76 indoor, 16 outdoor) will be provided for patrons. The entire parking demand for the multi -tenant structure on the subject lot is 128 spaces; 104 have been provided. The adjacent Lot 4A (Uncle Julio's 0:2MCU12-47.4 December 10, 2012 2:45 PM restaurant) has an excess number of spaces -24 spaces will be utilized to make up for the shortfall. PRESENT ZONING AND USE: The property is currently zoned "HC" Highway Commercial District with a planned commercial center designation. The subject lot was formerly developed as a Mobile gas station/convenience store which has since been demolished. The former Wendy's, KFC, and BoxiesNerizon buildings have also been demolished to make room for the new development. HISTORY OF TRACT AND SURROUNDING AREA: The site was rezoned in 1984 from "R-1" Single Family District and 1-1 Industrial District to "HC" Highway Commercial District. The site plan of CU87-07 for a Planned Commercial Center was approved October 20, 1987 to allow a Kentucky Fried Chicken restaurant, a Wendy's restaurant, a Mobil station and the Movies 8 Theater. An amendment to the landscape plan of CU88-10 for the Movies 8 theater was approved in February 1989. CU89-09 amended the planned commercial center, allowing a Colter's Bar-B-Que with on - premise sales and consumption of alcoholic beverages and a 40 -foot pole sign in August 1989. CU89-13 (Ord. No. 89-69) allowed a 483 square foot expansion of the existing Wendy's restaurant and the addition of a Chili's Restaurant with on -premise sales and consumption of alcoholic beverages, and a 40 -foot pole sign along State Highway 114 West. CU89-21 (Ord. No. 90-11) approved revisions of the pole sign elevations. CU91-09 (Ord. No. 91-31) amended a previously approved conditional use (CU87-07) for the establishment of a Payless Shoe Source and amended CU89-13, adding 10,703 square feet to the existing Chili's restaurant site for additional parking. CU89-14 allowed for the development of a Waffle House with a 40 -foot pole sign in November 1989. CU89-17 approved the development of Tia's Tex-Mex restaurant with on - premise sales and consumption of alcoholic beverages and a 40 -foot pole sign along State Highway 114 West. CU91-14 allowed the development of Macaroni Grill with on -premise sales and consumption of alcoholic beverages and a 40 -foot pole sign in the place of Tia's Tex-Mex restaurant. CU91-17 provided for the development of Midas Muffler and a future office /retail building on Lot 1 R-2. The specific changes were approved on February 18, 1992 to the location and size of proposed planter islands. CU92-02 approved the development of Grady's American Grill on -premise sales and consumption of alcoholic beverages and a 40 -foot pole sign on March 24, 1992. CU92-12 allowed Grady's American Grill to amend the approved floor plan and building elevations. CU92-19 approved the addition of a second drive-through window for the existing Wendy's Restaurant. CU93-02 approved the development of Tia's Tex-Mex Restaurant with on - 2 0:2CU=12-47.4 December 10, 2012 2:45 PM premise sales and consumption of alcoholic beverages and a 40 -foot pole sign in May 1993. CU93-10 approved the development of a Radio Shack in October 1993. CU94-05 approved the development of Boxies Cafe with on -premise sales and consumption of alcoholic beverages in April 1994. CU94-20 approved a revision to the floor plan of Boxies Cafe, a rearrangement of the building elevations and the addition of either a monument or 20 -foot pole sign. CU95-03 (Ord. No. 95-11) included changes to the floor plan and exterior elevations of the building on Lot 3 and a reconfiguration of the existing floor plan and building elevations of an existing restaurant in conjunction with a new La Madeleine restaurant on -premise sales and consumption of alcoholic beverages. CU96-30, approved in November 1997, allowed modifications to the exterior fagade of Chili's Restaurant. CU97-44 (Ord. No. 97-100) revised the sign height and sign elevation for Tia's Tex-Mex in September 1997. CU97-49, approved in October 1997, approved a 730 square foot expansion of Macaroni Grill. Conditional Use Request CU02-39 (Ord. 02-78) was approved by Council at their October 15, 2002 meeting and allowed for changes in the floor plan and building elevation modifications to the former Grady's restaurant that was remodeled for and converted into a P.F. Changs restaurant. At the February 15, 2005 meeting Council approved a conditional use request (CU05-04) to amend the site plan of the planned commercial center associated with the Hayley Addition specifically to extensively remodel the Grapevine Movies 8 building for restaurant and retail uses—the project never moved beyond the planning stages. Conditional Use Request CU06-08 (Ord. 06-28) was approved by Council at their April 18, 2006 meeting and allowed the demolition of the former Grapevine Movies 8 building in order to construct a new Uncle Julio's restaurant. On October 26, 2006 CU06-50 approved revisions to the elevations and fire lane location of the Uncle Julio's restaurant. On March 28, 2007 CU07-08 approved a valet parking drop off area and the relocation of the handicap accessible parking spaces for Uncle Julio's. At the June 19, 2007 meeting, Council approved a conditional use permit (CU07-12) to allow a new restaurant (Red's Patio Grill) into the former Tia's restaurant on the subject site. The intent was to subdivide the restaurant for two tenants with Red's occupying 5,646 square feet with a seating capacity of 223 seats. The remaining 2,823 square feet of the Tia's building would accommodate a future restaurant yet to be named. The proposal never moved beyond the initial planning stages. At the March 16, 2010 meeting Council approved a conditional use permit (CU10-03) for a 10,565 square foot Pappadeaux Seafood Kitchen on the former Tia's Tex-Mex restaurant that will be demolished to make way for the new restaurant. Additional acreage (approximately one acre) was absorbed into the site from the adjacent former Payton - Wright Ford property to enlarge the site to accommodate the larger structure and to provide adequate parking. A new 40 -foot pole sign was also approved as part of the request. Conditional use request CU10-08 was approved by Council at the May 18, 2010 meeting which allowed for the development of a 13,208 square foot multi -tenant retail building and a 3,701 square foot, 120 seat restaurant with drive-through service, outside dining, and two, 40 -foot pole signs. At the July 20, 2010 meeting a new conditional use 3 O:\ZCU\CU12-47.4 December 10, 2012 2:45 PM request was approved on the subject site (CU10-18) which simply subdivided the lot into two lots separating the multi -tenant building and the drive-through restaurant. At the September 21, 2011 meeting, Council approved a revision to the subject property (CU11- 23) amending the planned commercial center relative to the In -and -Out drive-through restaurant—specifically increasing the size of the lot, relocating a pole sign, and relocating drive access to the center from William D. Tate Avenue. Council approved at their November 15, 2011 meeting a conditional use permit (CU11-31) for a 3,634 square foot 172 seat pizza restaurant (Grimaldi Pizza) with on -premise alcohol beverage sales and outdoor patio seating and two outdoor speakers. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "GU" Governmental Use District, and "R-7.5" Single Family District - United States Post Office, and Bellaire Addition. SOUTH: "CC" Community Commercial District – State Highway 114 and Crossroads Planned Commercial Center EAST: "HC" Highway Commercial District and "R-7.5" Single Family District – Former Payton -Wright Ford/Grapevine Suzuki automobile dealership now occupied by Northgate Construction, Ball Street substation and Bellaire Addition. WEST: "CC" Community Commercial District – Jack In the Box, Arby's restaurant, former BoxiesNerizon Wireless, JoAnne's, Petco and Town Center planned commercial center. AIRPORT IMPACT: The subject tract is located within "Zone A" Zone of Minimal Effect and "Zone B" Middle Zone of Effect as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" Map. Few activities will be affected by aircraft sounds in "Zone A" except for sound sensitive activities such as auditoriums, churches, schools, hospitals, and theaters. The applicant's proposal is an appropriate use in this noise zone. In "Zone B", the following uses may be considered only if sound treatment is included in building design: multifamily apartments, motels, office buildings, movie theaters, restaurants, personal and business services. Single-family residential and sound sensitive uses such as schools and churches should avoid this zone. The applicant's proposal is an appropriate use in this noise zone. 0 0AMUM12-47.4 December 10, 2012 2:45 PM MASTER PLAN APPLICATION: The Master Plan designates the subject property as Commercial land use. The applicant's proposal is in compliance with the Master Plan. THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan does not designate the service road of West State Highway 114 as a local thoroughfare. William D. Tate Avenue is designated a Type "C" Major Arterial with a minimum 80 -feet of right-of-way developed as four lanes with a center left turn lane. /rs 5 0:\ZCU\CU12-47.4 December 10, 2012 2:45 PM January 9, 2013 John Evans 8350 N Central Expwy #1300 Dallas, TX 75206 RE: GRAPEVINE FILE #CU12-47 Mr. Evans, This letter is to verify that your request for a conditional use permit located at 1401 William D Tate Avenue #500 and platted as Lot 2R1, Block 1, Hayley Addition, to amend the previously approved site plan of CU11-31 (Ord. 11-60) for a planned commercial center, specifically to allow outside dining and one outdoor speaker in conjunction with a restaurant was approved by City Council on December 18, 2012. A copy of the approved site plan and Ordinance 2012-70 is enclosed. On December 18, 2012, the Planning and Zoning Commission recommended the City Council approve the request. Any changes to a site plan approved with a conditional use or a special use (no matter how minor or major) can only be approved by city council through the public hearing process. No Conditional Use Permit shall be valid for a period longer than one (1) year from the date on which the City Council grants the Conditional Use, unless within such one (1) year period: (1) a Building Permit is obtained and the erection or alteration of a structure is started, or (2) an Occupancy Permit is obtained and a use commenced. The City Council may grant one additional extension not exceeding one (1) year, upon written application, without notice or hearing. No additional extension shall be granted without complying with the notice and hearing requirements for an initial application for a Conditional Use Permit. Please do not hesitate to contact us if we may be of further assistance (817)410-3155. Sincerely, usan Batte All�& Planning Technician DEVELOPMENT SERVICES DEPARTMENT The Ciry of Grapevine • P.O. Box 95104 • Grapevine, Texas 76099 • (817) 410-3154 Fax (817) 410-3018 • w .grapevinetexas.gov de 10 t If L If t 4N, LOCATION MAP SCALE: 1 " = 2000' LOY M- 1 LOT 3R-3 i nT' OT 3R - PLAN NORTH 120' 180' LOT 5R -A / LOT 5R -BI P.F. CHANGS Memi-p CASE NAME: JIMMY JOHN'S / TOWER'S OF GRAPEVINE CASE NUM: BER: CU12-47 LOCATION: 1303 AND 1401 WILLIAM D. TATE AVE., LOT 2A-1 AND 2A-2, HAYLEY ADDN. MAYOR U SECRETARY DATE: t a4m NP: ANNING AND ZONING COMMCOMI : ISSION 41 C C� : AIRMAN DATE: Q. SHEET: -1 OF 2 APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES. DEPARTMENT OF DEVELOPMENT SERVICES LOT 5R-B2A I LOT 5R -B2[3 -- DEC REVISIONS Signature 12-13-12 Date 12-13-12 Scale Drawn DS/cm Job 2012-015 Sheet 1 OF 2 SHEETS PROJECT DATA LAND AREA ('SF) BLDG AREA (SF OCCUPANCY PARKING REQ PARKING PROS" COVERAGE LANDSCAPED AREA LOT 1 R-1 25,430 3,060 RETAIL 21 21 13.06% 4,940 (217.) LOT A-1 83,316 13,208 RETAIL 128 104 15.97% 18,651 (22.547.) A-2 38,169 3,750 RESTAURANT 42 42 9,88% 7,906 0/0.827.) A-3 19,383 3,678 RETAIL 30 30 18.967. 2,535 r12.27.) LOT 3 R-4 41,856 5,402 RESTAURANT 60 54 12.91% 8,987 (21.3%) R-3 22,450 1386,. RESTAURANT 19 33 (6 SHARED) 7.96�% 3,662 (16.37.) UB TOTAL 228,613 30,884 N/A 240 290 13.56% 46,681 (20.497.) LOT 4A 172,363 9,074 REST 1 (377 S) 216 238 9.007 26,612 (15.27.) 6,500 REST 2 (270 S) LOT 5 R -A 57,748 5,995 RESTAURANT 74 108 10.38% 14,000 (24.27.) R -B1 80,000 7,880 RESTAURANT 129 152 9,85% 11,400 (24.27.) R -132A 85,852 7,500 RESTAURANT 80 162 8.74% 16,153 (18.57.) R-8213-2 121,472 11,675 RESTAURANT 167 219 9.61 % 25,843 (21.37.) GRAND TOTAL 746,045 (17,13 AC) 791,508 966 1,171 10.6610 140,689 (118367.) ZONING: HIGHWAY COMMERCIAL P.F. CHANGS Memi-p CASE NAME: JIMMY JOHN'S / TOWER'S OF GRAPEVINE CASE NUM: BER: CU12-47 LOCATION: 1303 AND 1401 WILLIAM D. TATE AVE., LOT 2A-1 AND 2A-2, HAYLEY ADDN. MAYOR U SECRETARY DATE: t a4m NP: ANNING AND ZONING COMMCOMI : ISSION 41 C C� : AIRMAN DATE: Q. SHEET: -1 OF 2 APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES. DEPARTMENT OF DEVELOPMENT SERVICES LOT 5R-B2A I LOT 5R -B2[3 -- DEC REVISIONS Signature 12-13-12 Date 12-13-12 Scale Drawn DS/cm Job 2012-015 Sheet 1 OF 2 SHEETS m TRANS LMISS-16-N Tov 1ff7: I w 1 0 I I I E � ''! 1: A 1 9 ffo.10 W51 ML, RETAIL USES: 7,121 SF / 200 = 36 + 5 = 41 12-13-12 Scale GRIMALDI'S: 172 SEATS / 3 57 Job 2012-015 Sheet CASE NAME. JIMMY JOHN'S TOWERS OF GRAPEVINE OF 2 SHEETS CASE NUMBER: CU: 12-47 JIMMY JOHN'S: 76 IND10OR DINING SEATS 3 = 25 LOCATION: 1303 AND 1401 WILLIAM D. TATE AVE., 16 OUTDOOR PATIO SEATS 3 =_5 LOT 2A-1 AND 2A-2, HAYLEY ADDN. 128 SPACES REQUIRED 104 SPACES PROVIDED ON LOT 2A 1 + 24 SPACES PROVIDED ON LOT 4A --- --------- MAYOR U SECRETARY 128 SPACES TOTAL DATE: L NOTE-. THERE IS SUFFICIENT P RI INC AVAILABLE IN Z PLANNING AND ONING COMMISSION ADJACENT LOTS CONTROLLED BY THE D E : VELOPER TO ACCOMMODATE THE RETAIL RESTAURANT SHELL BUILDING CHAIRMAN - DATE TRUE NORTH PLAN NORTH SHEET: 2-- OF _ 2 01 30' 60' 90' APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT I - -- - 11 WITH ANY CODES OR ORDINANCES. GRAPHIC SCALE DEPARTMENT OF DEVELOPMENT SERVICES r, Ti H! 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