Loading...
HomeMy WebLinkAboutCU2022-181919 S. Shiloh Road, Suite 440 ◦ Garland, TX 75042 ◦ Tel. 972-278-2948 ◦ www.vasquezengineering.com Vasquez Engineering, L.L.C. LEGAL Address: 2040 Glade Road, Grapevine, TX 76051 Legal: Lot 9R, Block 1, Mulberry Square Addition 1919 S. Shiloh Road, Suite 440 ◦ Garland, TX 75042 ◦ Tel. 972-278-2948 ◦ www.vasquezengineering.com Vasquez Engineering, L.L.C. PROJECT NARRATIVE JAHCO Vineyard, LLC is requesting a Conditional Use Permit to allow for a national type restaurant use with drive through window. The proposed conditional use is to be located at 2040 Glade Road also known as Lot 9R, Block 1 of the Mulberry Square Addition. The property along with the surroundings adjacent properties is zoned Community Commercial “CC”. The existing 7,975 SF building located on Lot 9R is to be redeveloped to include the approximate 1,800 SF restaurant use with drive through along with the potential for three additional tenants. The proposed redevelopment is located within the Vineyard Market Place shopping center, which consists of several retail, commercial and restaurant type uses with two of the restaurant uses having a drive through window component. Since the proposed redevelopment is located within a retail shopping center and surrounded by similar type uses it is our professional opinion that this conditional use permit if granted will not cause substantial harm to the value, use or enjoyment off the other developments within the shopping center. It is also our professional opinion that conditional use permit if granted will add value by the addition of a Nationally recognized restaurant type user along with providing an additional service that currently not readily available within the shopping center. ZCU/2022/CU22-18.1 1 Email a PDF of the revised plans by Wednesday, April 27, 2022 atriplett@grapveinetexas.gov. Verify that all text is legible on an 11”x 17” sheet. Do not reproduce final copies requested below prior to Planning Staff approval. PROJECT DESCRIPTION: submitted by JAHCO Vineyard, LLC for property located at 2040 Glade Road and platted as Block 1, Lot 9R, Mulberry Square Addition. The applicant is requesting a conditional use permit to amend the previously approved site plan, CU02-11 for a planned commercial center specifically for an 1,800 square foot restaurant with drive through, outdoor seating, and outdoor speakers. The property is zoned “CC” Community Commercial District and is owned by JAHCO Vineyard LLC c/o JAH Realty, LP. PLANNING SERVICES Proposed building elevations and revisions to the following comments are required in order for the case to proceed. All sheets 1. Add the case name, case number CU22-18 and the address to the signature block. 2. Add a purpose statement near the Title Block. The purpose of this Conditional Use Permit is to amend the previously approved site plan of (CU97-12) for a planned commercial center, specifically to allow for an 1,800 sq. ft. drive through, outdoor seating, outdoor speakers and revise the exterior building elevations, in conjunction with a restaurant. 3. Add Title Block per site plan checklist. Master Site Plan 4. Review and revise accordingly the following: CU22-18 APRIL 22, 2022 DUNKIN’ DONUTS 2040 GLADE ROAD MULBERRY SQUARE ADDITION, BLOCK 1, LOT 9R Site Plan/Landscape Plan/Photometric Plan/Façade Plan (example) for Dunkin’ Donuts Lot 1R, Block 1, MULBEERY SQUARE ADDITION J. Doss. No. 1-440 City of Grapevine, Tarrant County, Texas X.X acres or XX sq. ft. Zone: “CC” Community Commercial District Date of Preparation: ???, 2022 (or subsequent date or revision) ZCU/2022/CU22-18.1 2 a. Site data must match site data on the Dimensional control Site Plan. b. Restaurant parking is calculated as one parking space per the occupant load for the interior and one parking space per three seats for outdoor. c. Parking for retail uses is five parking spaces plus one parking space per 200 sq. ft. Review and revise accordingly Dimensional Control Site Plan – Sheet # 5. Within the Site Summary Table: a. Site data must match site data on the Master Site Plan. b. Restaurant parking is calculated as one parking space per the occupant load for the interior and one parking space per three seats for outdoor. c. Parking for retail uses is five parking spaces plus one parking space per 200 sq. ft. Review and revise accordingly. 6. Label the site plan as Dimensional Control Site Plan. 7. Change the use of the lot to the west to automotive repair garage and remove the vehicle circulation arrows. 8. Below the Summary Table in bold print add the following: a. The subject building was built in 1998. b. All improvements existed prior to the Dimensional Control Site Plan for CU22-18. c. Existing parking was approved for a restaurant. Future lease space will be adjusted to accommodate existing parking (in addition to the restaurant on-site parking may not be available for all lease spaces). d. Impervious and open space was established with the original site plan. 9. Label the location of the existing on-premise sign and dimension the distance to the nearest property line. 10. Show the location of the proposed outdoor dining and include the quantity of seats. Landscape Plan – Sheet # 11. Rotate the plan placing north at the top. 12. Include in the landscape tabulations the square foot of open space to match the Master Site Plan and Dimensional Control Site Plan. 13. Label the location of the existing on-premise sign. Building Elevations – Sheet # 14. Proposed building elevations are required for the case to proceed. 15. Provide a graphical depiction of the type of chair and tables proposed. Floor Plan (for restaurants) – Sheet # 16. Provide a dimensioned floor plan. Outdoor speaker plan– Sheet # 17. Provide a speaker including quantity, graphical depiction of the type of speaker(s) and the purpose and time of use. PUBLIC WORKS ZCU/2022/CU22-18.1 3 Contact Paul Lee - Civil Engineer, Elizabeth Reynold EIT or Cristin Turner (Platting) – Civil Engineer at 817.410.3136 for the following comments: 18. The Existing 2-way drive in a mutual access easement is made one way on the adjoining lot. Permission from owner will be required. 19. Storm drain inlet in drive through may be closed to maintain public storm drain line in easement. ____________________________________________________________________ Email a PDF of the revised plans by Wednesday, April 27, 2022 atriplett@grapveinetexas.gov. Verify that all text is legible on an 11”x 17” sheet. Do not reproduce final copies requested below prior to Planning Staff approval. ZCU/2022/CU22-18.1a 1 PROJECT DESCRIPTION: submitted by JAHCO Vineyard, LLC for property located at 2040 Glade Road and platted as Block 1, Lot 9R, Mulberry Square Addition. The applicant is requesting a conditional use permit to amend the previously approved site plan, CU02-11 for a planned commercial center specifically for an 1,800 square foot restaurant with drive through, outdoor seating, and outdoor speakers. The property is zoned “CC” Community Commercial District and is owned by JAHCO Vineyard LLC c/o JAH Realty, LP. PLANNING SERVICES (2ND COMMENTS) All sheets 1. In the Title Block replace the cabinet and slide with John R. Doss Survey, A-440. Master Site Plan – Sheet #1 2. In the Site Data Table, change the area of Lot 3 to 33,600 s.f, revise the land area total to 733,237 sq. ft., revise the total pervious/landscape to match at 147,929 sq. ft. 3. Restaurant parking is calculated based on the occupant load of one parking space per three occupants and one parking space per three seats for outdoor. Parking for retail is five parking spaces plus one parking space per 200 sq. ft. 4. In the purpose statement revise the restaurant sq. ft. to match the floor plan amount of 1,985 sq. ft. Dimensional Control Site Plan – Sheet # 5. Within the Site Summary Table: a. Site data must match site data on the Master Site Plan. b. Change building area to 8,000 sq. ft. c. Restaurant parking is calculated based on the occupant load of one parking space per three occupants and one parking space per three seats for outdoor. Parking for retail is five parking spaces plus one parking space per 200 sq. ft. d. Change the building height to 26 feet. e. Change retail square foot 4,030. 6. Within the building footprint revise the square foot to 8,000. The door layout does not match the building elevations. Review and revise accordingly. 7. Verify the distance of the on-premise sign to the nearest property line. 8. Please revise the label which covers an outdoor seat. Landscape Plan – Sheet #3 9. No comments. Building Elevations – Sheet #4 10. Include the fence with the height labeled. CU22-18 MAY 25, 2022 DUNKIN’ DONUTS 2040 GLADE ROAD MULBERRY SQUARE ADDITION, BLOCK 1, LOT 9R ZCU/2022/CU22-18.1a 2 Floor Plan (for restaurants) – Sheet # 11. Provide space layout for the restaurants only. 12. Rotate the floor plan placing north at the top. 13. Label the fence height. Outdoor speaker plan– Sheet # 14. If outdoor speakers are not proposed disregard the following comment. Provide a speaker including quantity, graphical depiction of the type of speaker(s) and the purpose and time of use. PUBLIC WORKS Contact Paul Lee - Civil Engineer, Elizabeth Reynold EIT or Cristin Turner (Platting) – Civil Engineer at 817.410.3136 for the following comments: 15. The Existing 2-way drive in a mutual access easement is made one way on the adjoining lot. Permission from owner will be required. 16. Storm drain inlet in drive through may be closed to maintain public storm drain line in easement. ____________________________________________________________________ Email a PDF of the revised plans to by Tuesday, May 31, 2022 atriplett@grapveinetexas.gov. Verify that all text is legible on an 11”x 17” sheet. Do not reproduce final copies requested below prior to Planning Staff approval. O:\ZCU\2022\CU22-18 Dunkin'\CU22-18.4.doc 1 TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER ERICA MAROHNIC, DIRECTOR OF PLANNING SERVICES MEETING DATE: July 19, 2022 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU22-18, MULTI-TENANT BUILDING APPLICANT: JAHCO Vineyard, LLC PROPERTY LOCATION AND SIZE: The subject property is located at 2040 West Glade Road and is platted as Block 1, Lot 9R, Mulberry Square Addition. The addition contains 0.92 acres and has approximately 152 feet of along frontage along West Glade Road. REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to amend the previously approved site plan of CU00-51 (Ord. 2000-115) for a planned commercial center, this request is specifically to allow revisions to the exterior building elevations and allow two restaurants; a 1,985 square foot restaurant with drive through and outdoor seating, and a 1,985 square foot restaurant with outdoor seating. The applicant proposes to reimage an existing 8,000 square foot building that was a former single use restaurant (King Buffet) and create four suites, including two restaurants and two retail suites. One 1,985 square foot restaurant will include a drive through and two outdoor seats, the second 1,985 square foot restaurant will include two outdoor seats. The proposed retail suites are 2,010 square feet and 2,020 square feet. The exterior will be revised to include additional windows and a tower feature along the west and south elevations. Required parking for all uses within the building is 52 parking spaces, 49 parking spaces are provided onsite and three parking spaces are provided through a O:\ZCU\2022\CU22-18 Dunkin'\CU22-18.4.doc 2 shared parking agreement on Lot 5R, to the north as this lot has surplus parking spaces available. No other changes are proposed with this request. PRESENT ZONING AND USE: The property is currently zoned “CC,” Community Commercial District with a planned commercial center designation and is developed as a neighborhood shopping center. HISTORY OF TRACT AND SURROUNDING AREA: During the 1984 City-wide rezoning, the subject property was rezoned from “C-2," Community Business District to “CC,” Community Commercial District. • On March 18, 1997, the City Council approved CU97-12/SP97-20 (Ord. 1997-27) to allow the development of a Planned Commercial Center, possession, storage, retail sale and off-premise consumption of alcoholic beverages (beer and wine only) in conjunction with a grocery store on Lot 5, and a waiver to section 47.E.2 of the Zoning Ordinance. • On August 12, 1997, the City Council approved CU97-35 (Ord. 1997-87) to allow retail development on lot 9, additional paving on Lot 7, reduce the square footage of the northernmost retail building on lot 8, and additional retail development next to the proposed grocery store to the south, and a waiver to section 47.E.2 of the Zoning Ordinance. • On December 2, 1997, the City Council approved CU97-54 (Ord. 1997-136) to allow the development of a 5,300 square foot restaurant on Lot 3, and a waiver to section 47.E.2 of the Zoning Ordinance. • On January 20, 1998, the City Council approved CU97-74 (Ord. 1998-09) to allow for the establishment of a 7,703 square foot medical office on Lot 6R, and a waiver to section 47.E.2 of the Zoning Ordinance. • On April 21, 1998, the City Council approved CU98-09 (Ord. 1998-66) to allow realignment of the drive at the southeast corner of Lot 5R, revisions to the landscaping on lots 5R and 8R, and a waiver to section 47.E.2 of the Zoning Ordinance. • On July 21, 1998, the City Council approved CU98-32 (Ord. 1998-93) to allow the development of a veterinary clinic within the trail area located on Lot 8R, and a waiver to section 47.E.2 of the Zoning Ordinance. • On January 5, 1999, the City Council approved CU98-64 (Ord. 1999-08) to allow on-premise consumption of alcohol beverages (beer, wine, and mixed drinks) in conjunction with the development of a 2,750 square foot, 66 seat restaurant on Lot 8R. • On September 5, 2000, the City Council approved CU00-47 (Ord. 2000-88) to allow the possession, storage, retail sale and on-premise consumption of alcohol beverages (beer, wine, and mixed drinks) in conjunction with an existing restaurant on Lot 8R. O:\ZCU\2022\CU22-18 Dunkin'\CU22-18.4.doc 3 • On November 7, 2000, the City Council approved CU00-51 (Ord. 2000-115) to allow the development of an automotive lube center and car wash on Lot 10R. • On April 24, 2002 SPRC approved CU02-11 to allow the addition of a 100 square foot monument sign along Glade Road. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: “CV”, Grapevine Vintage District- Delaney Vineyards SOUTH: City of Euless EAST: “CC”, Community Commercial District- The Children’s Courtyard of Grapevine Daycare and Action Behavior Center Clinic WEST: William D. Tate Avenue and City of Colleyville AIRPORT IMPACT: The subject tract is not located within any zone of effect as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. MASTER PLAN APPLICATION: Map 2: Land Use Plan of the Comprehensive Master Plan designates the subject property as a Commercial land use. The applicant’s request is compliant with the Master Plan. THOROUGHFARE PLAN APPLICATION: The City of Grapevine’s Thoroughfare Plan designates Glade Road as a Type B Major Arterial, with a minimum 80-foot-right-of-way developed as four lanes with a median. Champagne Boulevard is not designated on the City of Grapevine’s Thoroughfare Plan. at/ 1 Natasha Gale From: Sent:Tuesday, July 5, 2022 10: AM To:Albert Triplett Cc:Natasha Gale; Marium Zahir; 'Graham Irvine' Subject:CU22-18 Dunkin Donuts Attachments:2022-07-05 CU22-18 DUNKIN'.pdf *** EXTERNAL EMAIL COMMUNICATION - PLEASE USE CAUTION BEFORE CLICKING LINKS AND/OR OPENING ATTACHMENTS *** Albert, Here you go, I believe we have addressed all of your remaining comments. The architect has calculated the total occupant load for both restaurants combined at 74, we have also reduced the number of outdoor seats from 10 to 4. 52 parking spaces will be required to be shared from the adjacent lot 8R, which is also sharing spaces from Lot 5R. We have added parking notes to the Master Site Plan hopefully it makes sense to you. If you have any additional comments or questions, please let us know. Thanks, Juan Juan J. Vasquez, P.E. Vasquez Engineering, L.L.C. 1919 S. Shiloh Rd Suite 440 Garland, TX 75042 972-278-2948 tele 469-951-3526 cell From: Albert Triplett <atriplett@grapevinetexas.gov> Sent: Thursday, June 30, 2022 3:25 PM To: jvasquez@vasquezengineering.com Cc: Natasha Gale <nlgale@grapevinetexas.gov>; Marium Zahir <mzahir@grapevinetexas.gov>; Graham Irvine <graham.irvine@jahco.net> Subject: RE: CU22-18 Dunkin Donuts Mr. Vasquez, please add/revise the following: Master Site Plan:  For the two restaurants change the purpose statement to:  The purpose of the conditional use permit is to amend the previously approved site plan; CU02-11 (Ord.) for a planned commercial center, this request is specifically to allow revisions to the exterior building elevations and allow two restaurants; a 1,985 square foot restaurant with drive through and outdoor seating, and a 1,985 square foot restaurant with outdoor seating.  Revise the fenced patio layout to include the planter island. Dimensional Control site Plan: Lot Summary:  Revise building height to 25’  Based on the current proposed floor plan, revise the required and provided parking as needed. Floor Plan:  Revise the fenced patio layout to include the planter island.  Place the occupant load data table in the upper left hand corner of the sheet (verify that text is legible on a 11” x 17” sheet. Landscape Plan:  Add a tree at the southwest corner of the building at the end of the row of seven parking spaces and redraw the full size parking space. Please let know the status of the changes because I must send the news notice no later 4:00 p.m. today. Thank you. Albert L. Triplett Jr. Planner II City of Grapevine 200 S. Main Street Grapevine TX 76051 817.410.3155 “Today will be a very good day just to have good day” https://www.youtube.com/watch?v=-R379vkTNX0 From: Albert Triplett <> Sent: Thursday, June 30, 2022 10:26 AM Subject: RE: CU22-18 Dunkin Donuts Mr. Vasquez, I reviewing the revised plans. Albert L. Triplett Jr. Planner II City of Grapevine 200 S. Main Street Grapevine TX 76051 817.410.3155 “Today will be a very good day just to have good day” https://www.youtube.com/watch?v=-R379vkTNX0 From: Marium Zahir <mzahir@grapevinetexas.gov> Sent: Thursday, June 30, 2022 10:19 AM 3 To: Albert Triplett <atriplett@grapevinetexas.gov> Subject: FW: CU22-18 Dunkin Donuts Subject: CU22-18 Dunkin Donuts *** EXTERNAL EMAIL COMMUNICATION - PLEASE USE CAUTION BEFORE CLICKING LINKS AND/OR OPENING ATTACHMENTS *** Albert, Attached are our revised plans showing the floor plan for Dunkin’ Donuts as well as the future Tropical Smoothie Café to be located adjacent to it. The remaining to spaces would be reserved for future retails spaces. If you have any questions or comments, please let us know. Thanks, Juan Juan J. Vasquez, P.E. Vasquez Engineering, L.L.C. 1919 S. Shiloh Rd Suite 440 Garland, TX 75042 972-278-2948 tele 469-951-3526 cell From: Albert Triplett <atriplett@grapevinetexas.gov> Sent: Tuesday, May 24, 2022 4:01 PM To: Cc: ' Subject: RE: CU22-18 Dunkin Donuts Mr. Vasquez, Revisions received. I will contact you after my review. Thank you. Albert L. Triplett Jr. Planner II City of Grapevine 200 S. Main Street Grapevine TX 76051 817.410.3155 “Today will be a very good day just to have good day” 4 https://www.youtube.com/watch?v=-R379vkTNX0 Sent: Thursday, May 19, 2022 5:02 PM To: Albert Triplett <atriplett@grapevinetexas.gov> Cc: ' Gale <nlgale@grapevinetexas.gov> Subject: RE: CU22-18 Dunkin Donuts *** EXTERNAL EMAIL COMMUNICATION - PLEASE USE CAUTION BEFORE CLICKING LINKS AND/OR OPENING ATTACHMENTS *** Albert, Just checking to see if you had any additional comments on our resubmittal? Do you think we will be on the June 21 st P&Z? Thanks, Juan Juan J. Vasquez, P.E. Vasquez Engineering, L.L.C. 1919 S. Shiloh Rd Suite 440 Garland, TX 75042 972-278-2948 tele 469-951-3526 cell From: Sent: Monday, May 02, 2022 10:44 AM To: 'Albert Triplett' <atriplett@grapevinetexas.gov> Cc: 'Graham Irvine' < ; 'Natasha Gale' <nlgale@grapevinetexas.gov> Subject: CU22-18 Dunkin Donuts Albert, I have attached updated Sheets 4 and 5, which represent the Architectural Floor Plan and Elevations. I would like to replace these with the ones I sent you on Friday. Please let me know if you have any questions or comments. Thanks, Juan Juan J. Vasquez, P.E. Vasquez Engineering, L.L.C. 1919 S. Shiloh Rd Suite 440 Garland, TX 75042 972-278-2948 tele 469-951-3526 cell From: To: 'Albert Triplett' <atriplett@grapevinetexas.gov> Cc: 'Graham Irvine' < ; 'Natasha Gale' <nlgale@grapevinetexas.gov> Subject: RE: CU22-18 Dunkin Donuts Albert Attached is a replacement for Page 5 (added detail of chairs and table for outdoor seating) along with the updated overall Building Elevations as requested Thanks, Juan Juan J. Vasquez, P.E. Vasquez Engineering, L.L.C. 1919 S. Shiloh Rd Suite 440 Garland, TX 75042 972-278-2948 tele 469-951-3526 cell From: Albert Triplett <atriplett@grapevinetexas.gov> Sent: Thursday, April 28, 2022 4:02 PM To: ; Natasha Gale <nlgale@grapevinetexas.gov> Subject: RE: CU22-18 Dunkin Donuts Mr. Vasquez, Thank you for the revsions. Albert L. Triplett Jr. Planner II City of Grapevine 200 S. Main Street Grapevine TX 76051 817.410.3155 “Today will be a very good day just to have good day” https://www.youtube.com/watch?v=-R379vkTNX0 From: To: Albert Triplett <atriplett@grapevinetexas.gov> Cc: 'Graham Irvine' < Subject: CU22-18 Dunkin Donuts *** EXTERNAL EMAIL COMMUNICATION - PLEASE USE CAUTION BEFORE CLICKING LINKS AND/OR OPENING ATTACHMENTS *** Albert, 6 Per your comments to our client Mr. Graham Irvine attached are our revised PDFs including a comment response letter. The only item missing is the elevations, which are being revised per your conversation with Mr. Irvine late yesterday afternoon. We will send those over to you as soon as we get them back. Thanks, Juan Juan J. Vasquez, P.E. Vasquez Engineering, L.L.C. 1919 S. Shiloh Rd Suite 440 Garland, TX 75042 972-278-2948 tele 469-951-3526 cell From: Albert Triplett <atriplett@grapevinetexas.gov> Sent: Friday, April 22, 2022 1:31 PM To: Graham Irvine < Cc: Paul Lee <plee@grapevinetexas.gov>; Elizabeth Reynolds <ereynolds@grapevinetexas.gov>; Natasha Gale <nlgale@grapevinetexas.gov> Subject: Re: CU22-18 Dunkin Donuts Mr. Irvine, Please acknowledge your receipt of the attachment. Feel free to contact me if you have any questions. Thank you. Albert L. Triplett Jr. Planner II City of Grapevine 200 S. Main Street Grapevine TX 76051 817.410.3155 “Today will be a very good day just to have good day” https://www.youtube.com/watch?v=-R379vkTNX0 Virus-free. www.avast.com CAUTION: This email originated from outside of JAH. Do not click links or open attachments unless you recognize the sender and know the content is safe. CU22-18 Multi-Tenant Building 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 JAHCO Vineyard, LLC for property located at 2040 Glade Road and platted as Block 1, Lot 9R, Mulberry Square Addition. The applicant is requesting a conditional use permit to amend the previously approved site plan; CU00-51 (Ord. 2000-115) for a planned commercial center, this request is specifically to allow revisions to the exterior building elevations and allow two restaurants; a 1,985 square foot restaurant with drive through and outdoor seating, and a 1,985 square foot restaurant with outdoor seating. The property is zoned “CC”, Community Commercial District and is owned by JAHCO Vineyard LLC c/o JAH Realty, LP. A copy of the site plan is on file with the Department of Development Services or online with the City Council packets at https://grapevinetexas.gov/89/Agendas-Minutes 72 hours prior to the meeting. Hearing Procedure: When: 7:30 PM, TUESDAY, JULY 19, 2022 W hat: 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. CU22-18 Multi-Tenant Building WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 PM ON MONDAY, JULY 18, 2022. 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) ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ______________________________________________________________________ Printed Property Owner Name and Address, or Lot, Block and Subdivision: ________________________________________________________________________ ________________________________________________________________________ Signature: ______________________________________(Phone No.)________________ Printed Name of Signee: ______________________________ Title: _________________ Telephone: (817) 410-3155 Direct questions and mail responses to: Planning Technician Planning Services City of Grapevine P.O. Box 95104 Grapevine, Texas 76099 1 CU22_18_070122_043728PM_5debabee.xls OWNER_NAME OWNER_ADDRESS OWNER_CITY WNER_ZIP SITUS_ADDRESS OWNER_STATE LEGAL_LINE REALTEX VENT & CHILDRENS CTYD 21333 HAGGERTY RD STE 300 NOVI 48375 5300 CHAMPAGNE BLVD MI MULBERRY SQUARE ADDITION Block 1 Lot 1R1 JAHCO VINEYARD LLC 1717 MAIN ST STE 2600 DALLAS 75201 5325 WILLIAM D TATE AVE TX MULBERRY SQUARE ADDITION Block 1 Lot 5R ARCHLAND PROPERTY II LP 2730 N STEMMNS FWY STE 908 DALLAS 75207 5345 WILLIAM D TATE AVE TX MULBERRY SQUARE ADDITION Block 1 Lot 3 VICTRON STORES LP PO BOX 2599 WAXAHACHIE 75168 5351 WILLIAM D TATE AVE TX MULBERRY SQUARE ADDITION Block 1 Lot 2 JAHCO VINEYARD LLC 1717 MAIN ST STE 2600 DALLAS 75201 2030 W GLADE RD TX MULBERRY SQUARE ADDITION Block 1 Lot 8R JAHCO VINEYARD LLC 1717 MAIN ST STE 2600 DALLAS 75201 2040 W GLADE RD TX MULBERRY SQUARE ADDITION Block 1 Lot 9R JAHCO VINEYARD LLC 1717 MAIN ST STE 2600 DALLAS 75201 5311 WILLIAM D TATE AVE TX MULBERRY SQUARE ADDITION Block 1 Lot 7R ROBERT & NATHALIE CORRY F R TR 265 ROCKY POINT RD PALOS VERDES ESTATES 90274 5301 WILLIAM D TATE AVE CA MULBERRY SQUARE ADDITION Block 1 Lot 6R SPIRIT MASTER FUNDING X LLC 2727 N HARWOOD ST STE 300 DALLAS 75201 5341 WILLIAM D TATE AVE TX MULBERRY SQUARE ADDITION Block 1 Lot 4R SCULLIN REAL ESTATE VII LLC 4651 VIA FIRENZE BONITA SPRINGS 34134 2050 W GLADE RD FL MULBERRY SQUARE ADDITION Block 1 Lot 10R GRAPEVINE HOLDINGS INC 2000 CHAMPAGNE BLVD GRAPEVINE 76051 2000 CHAMPAGNE BLVD TX DELANEY VINEYARDS ADDITION Block 1 Lot 1 FENDER, JOYCE 5222 HEATHERDALE DR GRAPEVINE 76051 5222 HEATHERDALE DR TX SHADOW GLEN ADDN PH 2A & 2B Block 4 Lot 11 BLAUSER, BRADFORD D PO BOX 3926 GRAPEVINE 76099 5224 HEATHERDALE DR TX SHADOW GLEN ADDN PH 2A & 2B Block 4 Lot 10 ROGERS, RAYMOND HAROLD 5226 HEATHERDALE DR GRAPEVINE 76051 5226 HEATHERDALE DR TX SHADOW GLEN ADDN PH 2A & 2B Block 4 Lot 9 DELANEY FAMILY LP 2000 CHAMPAGNE BLVD GRAPEVINE 76051 4600 MERLOT AVE TX DOSS, JOHN R Abstract 440 Tract 4B B & B VINEYARDS PROPERTIES LLC 1900 CHAMPAGNE BLVD GRAPEVINE 76051 1900 CHAMPAGNE BLVD TX DELANEY VINEYARDS ADDITION Block 2 Lot 1R ARCHLAND PROPERTY II LP 2730 N STEMMNS FWY STE 908 DALLAS, TX 75207 CU22_18_070122_043728PM Labels - Count: 16 Page 1 B & B VINEYARDS PROPERTIES LLC 1900 CHAMPAGNE BLVD GRAPEVINE, TX 76051 CU22_18_070122_043728PM Labels - Count: 16 Page 1 BRADFORD D BLAUSER PO BOX 3926 GRAPEVINE, TX 76099 CU22_18_070122_043728PM Labels - Count: 16 Page 1 DELANEY FAMILY LP 2000 CHAMPAGNE BLVD GRAPEVINE, TX 76051 CU22_18_070122_043728PM Labels - Count: 16 Page 1 GRAPEVINE HOLDINGS INC 2000 CHAMPAGNE BLVD GRAPEVINE, TX 76051 CU22_18_070122_043728PM Labels - Count: 16 Page 1 JAHCO VINEYARD LLC 1717 MAIN ST STE 2600 DALLAS, TX 75201 CU22_18_070122_043728PM Labels - Count: 16 Page 1 JOYCE FENDER 5222 HEATHERDALE DR GRAPEVINE, TX 76051 CU22_18_070122_043728PM Labels - Count: 16 Page 1 RAYMOND HAROLD ROGERS 5226 HEATHERDALE DR GRAPEVINE, TX 76051 CU22_18_070122_043728PM Labels - Count: 16 Page 1 REALTEX VENT & CHILDRENS CTYD 21333 HAGGERTY RD STE 300 NOVI, MI 48375 CU22_18_070122_043728PM Labels - Count: 16 Page 1 ROBERT & NATHALIE CORRY F R TR 265 ROCKY POINT RD PALOS VERDES ESTATES, CA 90274 CU22_18_070122_043728PM Labels - Count: 16 Page 1 SCULLIN REAL ESTATE VII LLC 4651 VIA FIRENZE BONITA SPRINGS, FL 34134 CU22_18_070122_043728PM Labels - Count: 16 Page 1 SPIRIT MASTER FUNDING X LLC 2727 N HARWOOD ST STE 300 DALLAS, TX 75201 CU22_18_070122_043728PM Labels - Count: 16 Page 1 VICTRON STORES LP PO BOX 2599 WAXAHACHIE, TX 75168 CU22_18_070122_043728PM Labels - Count: 16 Page 1 CU22_18_070122_043728PM Labels - Count: 16 Page 1 1 M U L B E R R Y S Q U A R E 2 6 9 6 9 J 1.797 @ .914 @ 6.514 @ 4.46 @ .765 @ 4.186 @ .7 71 @ .963 @ 1.01 9 @ .922 @ 4 H E A T H E R D A L E D R GLEN WOOD DR G L A D E R D CHAM PA G N E B L V D 2161 15 272814 1R 13 12 21 11 10 287R 96R 8 1 7 65R 28 5 1R1 4 13 2 28 14R8R 121314 3 13R14R 15R 10R 2 9R 17R16R 1 2 3 MERLOT AVE 2.352 @ STATE HWY 121 R-7.5 PO CC GV A L T A C R E S T D R H E AT H E R D A L E D R W GLADE RD MERLOT AVE WILLIAM D TATE AVE NB C H A M PA G N E B LV D S SH 121 SB S SH 121 NB CU22-18MULTI-TENANT BUILDING 0 100 200 300 400 Feet ² Date Prepared: 7/1/2022 This data has been compiled by the City of Grapevine IT/GIS department. Various official and unofficial sources were used to gather this information. Every effort was made to ensure the accuracy of this data, however, no guarantee is given or implied as to the accuracy of said data. 1 M U L B E R R Y S Q U A R E 2 6 9 6 9 J 1.797 @ .914 @ 6.514 @ 4.46 @ .765 @ 4.186 @ .7 71 @ .963 @ 1.01 9 @ .922 @ 4 H E A T H E R D A L E D R GLEN WOOD DR G L A D E R D CHAM PA G N E B L V D 2161 15 272814 1R 13 12 21 11 10 287R 96R 8 1 7 65R 28 5 1R1 4 13 2 28 14R8R 121314 3 13R14R 15R 10R 2 9R 17R16R 1 2 3 MERLOT AVE 2.352 @ STATE HWY 121 R-7.5 PO CC GV A L T A C R E S T D R H E AT H E R D A L E D R W GLADE RD MERLOT AVE WILLIAM D TATE AVE NB C H A M PA G N E B LV D S SH 121 SB S SH 121 NB CU22-18MULTI-TENANT BUILDING 0 100 200 300 400 Feet ² Date Prepared: 7/1/2022 This data has been compiled by the City of Grapevine IT/GIS department. Various official and unofficial sources were used to gather this information. Every effort was made to ensure the accuracy of this data, however, no guarantee is given or implied as to the accuracy of said data. SUBJECT PROPERTY 7/1/22, 7:47 AM Adportal Self Service Advertising Confirmation THANK YOU for your legal submission! Your legal has been submitted for publication. Below is a confirmation of your legal placement. You will also receive an email confirmation. ORDER DETAILS PREVIEW FOR AD NUMBER IPL00798510 Order Number: CITY OF GRAPEVINE, TEXAS IPL0079851 On Tuesday evening, July 19, 2022 at Order Status: Submitted 7:30 Pall. in the CityCouncil ham - Classification: hers, 2nd Floor, 200 South Main Legals & Public Notices Street, Grapevine, Texas, the City Package: Council and Planning and Zoning FTW - Legal Ads Commission of the City of Grapevine Final Cost: will hold a public hearing to consider 357.54 the following items: Payment Type: AM22.04; AMENDMENTS T l- Account Billed PREHENSILE ZONING ORDINANCE User ID: 82-78 - The City Council and the IPL0024566 Commission will consider amend- ments and changes to the Compre- ACCOUNT INFORMATION hensive Zoning Ordinance, No. 82-7 , same being Appendix D of the Code CITY OF GRAPEVINE SECRETARY IP of Ordinances as follows: Section 32, PO BOX 95104 Business Park District and Section GRAPEVINE, TX 76099-9704 12, Definitions relative to the Bale and 817-410-3117 Rental of Heavy Machinery and Equip- tbrooks@grapevinetexas.gov ment as a conditional use, Outside CITY OF GRAPEVINE SECRETARY Storage with use -specific limitations, the establishment of Use -Specific TRANSACTION REPORT Limitations, and any Other addition, deletions, or changes to various sec - Date tions, articles, and provisions con - July 1, 2022 8:45:55 AM EDT tained in said Ordinance Na 82-78 Amount: GU22-18, Multi -Tenant Building - sub- 357.54 mitted by JAHCO Vineyard, LLC for property located at 2040 Glade Road SCHEDULE FOR AD NUMBER IPL00798510 and platted as Block 1, Lot 9R, Mul- berry Square Addition. The applicant July 3, 2022 is requesting a conditlonal use permit Fort Worth Star -Telegram to amend the previously approved site plan; UOO- 1 (Ord. 2000-11 ) for a planned commercial center, this re- quest is specifically to allow revisions to the exterior building elevations and allntno hurl rPQta,i irantc, n 1 CIAC; qni innn https://placelegal.mcclatchy.com/legals/fortworth/home/confirmation.htmI?id=72346&retu rnto= 1 /4 7/1/22, 7:47 AM Adportal Self Service Advertising Confirmation Li -YY KV Wh 1 L4_ j- 1L\ 5 I !V 41 ti'SA4+LI V foot restaurant with drive through and outdoor seating, and a 1,985 square foot restaurant with outdoor seating. The property is zoned `'CC", Commu- nity Commercial District and is owned by JAHCO Vineyard LLC c/o JAH Re- alty, LP. CU22-2 ,Multi -Tenant Building - submitted by Kirkman Engineering for property located at 919 East forth - west Highway and platted as Bloch 1, Lot 7A, Opryland Second Addition. The applicant is requesting a condi- tional use permit to amend the previ- ously approved site plan for a planned commercial center, this request is specifically to allow a 9.374 square foot multi -tenant building with restau- rant and outdoor dining. The property is currently zoned "CC", Community Commercial District and owned by Grapevine Station North. LLC. CU22-23; Vine Academy - submitted by Theresa Mason for property locat- ed at 422 South Church Street and platted as Block 1, Lot 1 R1, First Unit- ed Methodist Church Addition. The applicant is requesting a conditional use permit to amend the previously approved site plan CUOD- 2 ('Ord. 2001-01) for off -site parking within 300 feet of the primary use. this re- quest is specifically to allow a public or non-profit institution of an educa- tional type to operate within the ex- isting First Methodist United Church. The property is currently zoned "R- 7.", Residential Single -Family District and owned by First United Methodist Church. CU22-2; Tapville Social - submitted by Rob diner for property located at 40 Grapevine Bill Boulevard Borth, Suites 100 and 200 and platted as Block A, Lot 3AII, Grapevine Mills https://placelegal.mcclatchy.com/legals/fortworth/home/confirmation.html?id=72346&returnto= 2/4 7/1/22, 7:47 AM Adportal Self Service Advertising Confirmation Crossing Addition. The applicant i requesting a conditional use permit to amend the previously approved ,vaster site development plan U 10- 02 (Ord. 201 -00) to allow for addi- tional ors -premise signage, gasoline sales, and off -premise consumption of alcoholic beverages (beer and wire only) in conjunction with a con- venience stare, this request is specif- ically to allow the possession, storage retail sales of on- and off- premise consumption of alcoholic beverages (beer. wine and mixed beverages), outdoor speakers and Outdoor dining. The property is Currently zoned "CC" '. Community Commercial District and owned by Grapevine Retail No. 2. Ltd. U22-301 H3 Headquarters - submit- ted by Dunaway Associates LLC for property located at 109 East Dallas Road and platted as Block 1, Lot 1, Moore Esther Addition. The applicant is regUesting a conditional use permit to amend the previously approved site plan, this request is specifically to allow a construction trade office with storage yard. The property is currently zoned i1Ll", Light Industrial District and owned by H.A.W. Development, LL . HL22-02; 216 East Northwest t High- way - submitted by Lernoine Wright for property located at 216 East Northwest Highway in the Leonard Archibald Survey, Abstract 946, Tract 49F The applicant is requesting des- ignation as a Historical Landmark sub -district. Such sub -district may include buildings, land, areas, or dis- tricts of historical. architectural, ar- chaeological or cultural importance or value that merit protection, enhance- ment, and preservation in the interest of the culture, prosperity, education, and welfare of the people. The prop- .-.-.. tom. ilk tlf"`�r ! I:�L.._ .... https://placelegal.mcclatchy.com/legals/fortworth/home/confirmation.html?id=72346&returnto= 3/4 7/1/22, 7:47 AM Adportal Self Service Advertising Confirmation V,f ly lb U 11lt�[ Illy LUI IUU !-! U , I-1lyI Wel Commercial District and owned by Professional Fueling Services. 22-03; 665 Westport Parkway — sub- mitted by Project Han Up for property located at 665 Westport Parkway, plat- ted as Bloch A, Lot 1, Stone Meyers Business Park. The applicant 'is re- questing to rezone 1.3 acres from °`BP", Business Park District to "Ll" Light Industrial District. The property is owned by Project HandUp. After all parties have been given are opportunity to spear, the public hear- ing will be closed and the Commission and the City Council will deliberate the pending 'natters. Please contact Planning Services Department con- cerning any questions. 200 B. Main Street, Grapevine.. Texas 76051 or P Box 95104, Grapevine, Texas 76099.. 817-410- 155. A copy of the site plan for all the above referenced requests is on file with the Planning Services Department. IPLOO79851 Jul 3 2022 << Click here to print a printer friendly version >> https://placelegal.mcclatchy.com/legals/fortworth/home/confirmation.html?id=72346&returnto= 4/4 Dallas Oklahoma City 1717 Main Street, Suite 2600 P.O. Box 14586 Dallas, Texas 75201 Oklahoma City, OK 73113 Tel: (214) 220-2274 Tel: (405) 478-0601 Fax: (214) 220-2478 Fax: (405) 478-0605 www.jahrealty.net July 11, 2022 City of Grapevine Planning Department 200 South Main Grapevine, TX 76051 Re: Response to City of Grapevine Planning Department regarding shared parking for Lots 5R, 8R & 9R of Block 1 of the Mulberry Square Addition John R. Doss Survey, Abstract No. 440, City of Grapevine, Tarrant County, TX The purpose of this letter is to respond to a City review comment pertaining to the Master Site Plan for the above referenced property, requesting that surplus parking spaces be provided for the above- referenced lots due to a change of use from a single tenant restaurant building to a combination of a drive-thru restaurant, a quick-service restaurant, and two retail bays within the same building. Please be advised that a previously recorded document filed on March 27, 1998, known as the Second Amendment to the Declaration of Reciprocal Easements and Restrictive Covenants contains language that provides for cross-access and cross-parking within all the common areas within the development for the above referenced lots. Per Section 6 of such document, attached hereto and highlighted, the aggregation parking will be permitted between Parcel 3 (Lot 8R) Outparcel E (Lot 9R) for the purpose of satisfying any applicable Legal Requirements related to parking capacity. In addition to having the easements providing for cross-parking among all the lots within this commercial planned development, please use this letter as the property owner's acknowledgement that three (3) parking spaces on Lot 5R will be dedicated to parking use for Lot 9R. Best Regards, Graham Irvine Managing Director – Investments JAHCO Vineyard LLC, Property Owner c/o JAH Realty, L.P., Property Manager ORDINANCE NO. 2022-043 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS ISSUING CONDITIONAL USE PERMIT CU22-18 TO AMEND THE PREVIOUSLY APPROVED SITE PLAN OF CU2000-15 (ORDINANCE NO. 2000-115) FOR A PLANNED COMMERCIAL CENTER TO ALLOW REVISIONS TO THE EXTERIOR BUILDING ELEVATIONS AND ALLOW TWO RESTAURANTS; A 1,985 SQUARE FOOT RESTAURANT WITH DRIVE THROUGH AND OUTDOOR DINING, AND A 1,985 SQUARE FOOT RESTAURANT WITH OUTDOOR DINING IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT FOR BLOCK 1, LOT 9R, MULBERRY SQUARE ADDITION (2040 WEST GLADE ROAD) 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); 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 and 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. Ordinance. No. 2022-043 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 CU22-18 to amend the previously approved site plan of CU2000-51 (Ordinance No. 2000-115) for a planned commercial center to allow revisions to the exterior building elevations and allow two restaurants; a 1,985 square foot restaurant with drive through and outdoor dining, and a 1,985 square foot restaurant with outdoor dining in a district zoned "CC" Community Commercial District within the following described property: Block 1, Lot 9R, Mulberry Square Addition (2040 West Glade Road) 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: A written shared parking agreement that Lot 5R will provide 3 parking spaces to Lot 9R to meet parking requirements. Section 2. That 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. That 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. Ordinance. No. 2022-043 3 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. Section 7. That 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. That 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 19th day of July, 2022. William D. Tate Mayor diz:24 Q- Matthew C.G. Boyle City Attorney Ordinance. No. 2022-043 4 July 11, 2022 City of Grapevine Planning Department 200 South Main Grapevine, TX 76051 Re: Response to City of Grapevine Planning Department regarding shared parking for Lots 5R, 8R & 9R of Block 1 of the Mulberry Square Addition John R. Doss Survey, Abstract No. 440, City of Grapevine, Tarrant County, TX The purpose of this letter is to respond to a City review comment pertaining to the Master Site Plan for the above referenced property, requesting that surplus parking spaces be provided for the above - referenced lots due to a change of use from a single tenant restaurant building to a combination of a drive-thru restaurant, a quick -service restaurant, and two retail bays within the same building. Please be advised that a previously recorded document filed on March 27, 1998, known as the Second Amendment to the Declaration of Reciprocal Easements and Restrictive Covenants contains language that provides for cross -access and cross -parking within all the common areas within the development for the above referenced lots. Per Section 6 of such document, attached hereto and highlighted, the aggregation parking will be permitted between Parcel 3 (Lot 8R) Outparcel E (Lot 9R) for the purpose of satisfying any applicable Legal Requirements related to parking capacity. In addition to having the easements providing for cross -parking among all the lots within this commercial planned development, please use this letter as the property owner's acknowledgement that three (3) parking spaces on Lot 5R will be dedicated to parking use for Lot 9R. Best Regards, Graham Irvine Managing Director — Investments JAHCO Vineyard LLC, Property Owner c/o JAH Realty, L.P., Property Manager Dallas 1717 Main Street, Suite 2600 Dallas, Texas 75201 Tel: (214) 220-2274 Fax: (214) 220-2478 i. ,,,: City Box 14586 1 i 8 1 1 www.jahrealty.net C_ 1U C_ Q_ foll RETURN TO. h REPUBLIC TITLE OF TEXAS. jpjC. 300 CRESCENT COUIT, SU,TE 100 DALLAS, TEXAS 752 QN D MENDMFNT TO DECLARATION OF RECIPROCAL S AND EMIC NANIS STATE OF TEXAS § COUNTY OF TARRANT This Second Amendment to Declar a iOeNER0 Reciprocal Easements and Restrictive Covenants (this "' Amendment"'),th s is madedayof March, 1998, by and between P VINEYARD MARKETPLACELIMITEDSHIP, a Delaware limited partnership Dtygl="), successor - by -merger to Vineyard Marketplace Limited Partnership, a Texas limited partnership, whose address is c/o Cencor Realty Services, Inc., 3102 Maple Avenue, Suite 500, Dallas, Texas 75201, and WINN-DIXIE TEXAS, INC., a Texas corporation ("Winn - Dixie"), whose address is P.O. Box 1540, Fort Worth, Texas 76101-1540. All terms, the words of which have initial capital letters in this Amendment and in the Declaration (defined below) shall have the same meanings herein as in the Declaration, except as may be provided otherwise below. A. Developer and Winn -Dixie have previously entered into that certain Declaration of Reciprocal Easements and Restrictive Covenants dated July 18, 1997, recorded in Volume 12844, Page 0651 of the Real Property Records of Tarrant County, Texas, as amended by that certain First Amendment to Declaration of Reciprocal Easements and Restrictive Covenants dated January 30, 1998, recorded in Volume 13063, Page 176 of the Real Property Records of Tarrant County, Texas ( the "D_tqLuafi_u"), covering certain real property located in the City of Grapevine, Tarrant County, Texas, which is more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. B . Pursuant to the procedures in Section 17(b) of the Declaration, Developer and Winn -Dixie have agreed to amend the Declaration in accordance with the terms and provisions set forth below in this Amendment. AGREEMENTS NOW, THEREFORE, for and in consideration of the mutual covenants between the parties contained in this Amendment, the mutual benefits to be derived herefrom, and for other consideration, the receipt and sufficiency of which are hereby acknowledged, Developer and Winn -Dixie hereby agree to amend the Declaration as follows- 1 . JPiavland Allowed. The provisions restricting a "video arcade or game room" and a "Public entertainment facility," set forth in Sections 4(f)(ii)(10) and 4(f)(ii)(25), respectively, shall not restrict the operation of a "McDonald's Playland" or any other similar playland consisting of playground equipment (but excluding arcade games, electronic games or computer interactive games) ( referred to herein as a "Playland") incidental to the operation of a restaurant REDAL; 135147.4 32618-00007 ACS/TRC* TA. RRANT Doc: 000062221 Date: 03/27/1998 Vol: 0013140 Page: 00211 Page: 1 Of 12 within any Outparcel (i.e., the operation of a Playland within any Outparcel incident to the operation of a restaurant is a permitted use). Any such Playland shall be located entirely within the boundaries of the Outparcel on which such restaurant is located. 2. pay Telephones Allowed. The provision restricting exterior "pay" telephones set forth in Section 4(f)(ii)(27) is hereby deleted from the Declaration (i.e., exterior pay telephones shall be permitted within the Shopping Center). 3. Volatile M s. The provisions of Section 4(f)(ii)(31) of the Declaration shall not prevent the handling, storage and sale of Hazardous Substances in full compliance with Article 11 of the Declaration. 4. Exhibits. ,Exhibits "C` "' "D " and "E_ attached to the Declaration are hereby deleted in their entirety and replaced with the new Exhibit; " " "H " and „ " attached hereto and incorporated herein by reference. 5. Signage. Section 5(a) of the Declaration is hereby deleted in its entirety and replaced with the following new Section 5(a): Side. a) Developer shall construct at least one (1) of the electrically illuminated monument signs in the locations shown on the Site Plan pursuant to and in accordance with that certain Development Agreement (the ">-loj}ntme ") dated of even date herewith by and between Developer and Winn -Dixie. Any sign constructed in accordance with the preceding sentence shall be referred to herein as a " S'snter Sign." The Center Sign(s) shall be of the height, size and illumination characteristics designated and approved by the Consenting Owners. Winn -Dixie may install and maintain, at its expense, a sign panel on any Center Sign to identify its business as operated on the Winn -Dixie Tract which signs shall be located in the top position and which shall be at least 30% larger than any other sign located on the applicable Center Sign. Any available space on a Center Sign after installation of the Winn -Dixie signs may be assigned by the Owner of Parcel 3 to any other Owner for use by occupants of the , Shopping Center on terms acceptable to the Owner of Parcel 3, and such Owner (or its designees) may install and maintain, at its expense, sign panels on such Center Sign, subject to the covenants and restrictions set forth in this Declaration. The Owner of Parcel 3 will illuminate and maintain. the Center Sign(s), and all of the Owners with signs installed on the applicable Center Sign will reimburse the Owner of Parcel 3 for their RWAL:133147.4 3MI84 007 2 ACS/TRC* TARRANT Doc: 000062221 Date: 03/27/1998 Vol: 0013140 Page: 00211 Page: 2 Of 12 respective pro rata share of such expenses (based on the total square footage of the panels located on each applicable sign) annually within fifteen (15) days after receipt of a written invoice for such expenses, together with reasonably satisfactory evidence of such expenditures_ Upon obtaining the prior written consent of the Owner of Parcel 3, the Owner of each Outparcel may, at its own expense, construct and maintain a monument or pylon sign on its Outparcel (an Ou r pl Sign"), provided that any Outparcel Sign (i) shall not exceed nine (9) feet in height and eighty (80) square feet of total signage area (i.e., the area of the sign, exclusive of the structure, which is utilized for sign copy), (ii) shall not be located within one hundred eighty (180) lineal feet of any Shopping Center Sign, and (iii) shall identify only the business carried out on such Outparcel. With the exception of the Center Sign(s) and the Outparcel Signs, no other monument or pylon signs may be constructed within the Common Areas or Shopping Center without the prior written consent of the Consenting Owners. 6. Aggregation of P rkiu. The following language is hereby inserted at the end of Section 6(d) of the Declaration: In addition, upon obtaining the written consent of the Owner of Parcel 3, A) aggregation of parking spaces will be permitted between Parcel 3, Outparcel D and Outparcel E for the purpose of satisfying any applicable Legal Requirements relating to parking capacity, and (B) Outparcel B may utilize up to twelve (12) parking spaces located on Parcel 3 for purposes of satisfying any applicable Legal Requirements relating to parking capacity, subject to the following limitations: any restaurant located on Outparcel B which requires the aggregation of parking spaces for the purpose described above (i) may not exceed 3,750 square feet of floor area, with fifty percent 50%) of any patio area located on Outparcel B counting towards the 3,750 square foot floor area limitation, (ii) may not include a patio in excess of 900 square feet, and (iii) may not have any customer entrance (other than an emergency or service entrance) located on either the north or the east side of any such restaurant. 7, Insurance. The following sentence is hereby inserted at the end of Section 10 of the Declaration: Notwithstanding anything to the contrary set forth above, so long as (i) any Owner, or the tenant of any such Owner which has assumed the obligations of the Owner hereunder pursuant to a ground lease or master lease covering all of the applicable Parcel or Outparcel, maintains a net worth of at least 100,000,000 determined based on generally accepted accounting REDAL:135147.4 374194X*D7 ACS/TRC* TARRANT Doc: 000062221 Date: 03/27/1998 Vol: 0013140 Page: 00211 Page: 3 Of 12 principles, and (ii) such Owner (or tenant) provides the other Owners, upon request from time to time, evidence reasonably satisfactory to the other Owners of the satisfaction of the requirements described in clause (i) above provided, however, that evidence of net worth will not be required if such information is available to the general public by virtue of such Owner (or tenant) being a public entity with ownership shares being traded on a national stock exchange), then such Owner (or tenant) may elect to self insure the coverages described above and shall not be required to provide any insurance certificates to any other Owner. 8. Govermjng Laws. This Amendment shall be governed by and construed in accordance with the laws of the State of Texas. 9. Ratification. As modified above, the Declaration is hereby ratified and reaffirmed by Developer and Winn -Dixie. 14. CounteMarts. This Amendment shall be effective only if and when it has been executed by Developer and Winn -Dixie. Counterpart execution shall be effective with regard to the signing party(ies). IN WITNESS WIMMOF, Developer and Winn -Dixie have executed this Amendment for the purposes stated herein as of the date first above written. DEVELOPER: VINEYARD MARKETPLACE LIMITED PARTNERSHIP, a Delaware limited partnership By: Vineyard Marketplace One., L.C., a Texas, limited liability company, General Partner B 14""V Y Iierbert D. Wei man, Manager R6DAL:135147,4 32619-00007 4 ACS/TRC* TARRANT Doc: 000062221 Date: 03/27/1998 Vol: 0013140 Page: 00211 Page: 4 Of 12 WINN-DDM TEXAS, INC., a Texas corporation By: L, e e-, d 77Name: _lames K Title- VICE RRESIDEN' STATE OF TEXAS COUNTY OF DALLAS § The foregoing instrument was acknowledged before me this2!Ay of March, 1998, by, Herbert D. Weitzman, Manager of Vineyard Marketplace One., L.C., a Texas limited liability company, in its capacity as General Partner of VJNEYARI,I I TPLACE LMTED PARTNERSIHP, a Texas limited partnership. He either [personally known to me or I I has produced a state driver's license,as identification to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same forth rem expressed. y P EL"A1NE J. WISE it My COMMISSION EXPIRES APRIL 11, 1998 Notary Public, to of Texas My Cominissio Expires: O 9 V REDAL:135147.4 32618-OWM ACS/TRC* TARRANT Doc: 000062221 Date: 03/27/1998 Vol: 0013140 Page: 00211 Page: 5 Of 12 STATE OF FLORIDA § COUNTY OF DUVAL § The foregoing instrument was acknowledged before me this -_0j_ day of March, 1998, by, James Kufeldt , theVjQ PRFS1QENT of WINN-DIXIE TEXAS, INC., a Texas corporation, on behalf of the corporation. Heisk-either [4-is personally known to me or [ ] has produced a state driver's license as identification to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. My Commission Expires: AMY P. WiLEY NOTARY PUBLIC, STATE OF FLORIDA 1999 Commission No, CC 493595 REDAL.:135147.4 32618-OOM7 N Notary Public, Late of Texas-- rl ACS/TRC* TARRANT Doc: 000062221 Date: 03/27/1998 Vol: 0013140 Page: 00211 Page: 6 Of 12 KNOW ALL MEN BY THESE PRESENTS, that CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, a national banking association, formerly known as Texas Commerce Bank National Association, a national banking association ("Unde "), the owner and holder of the following described mortgage (the "Mortgage"): Deed of Trust and Security Agreement, dated July 18, 1997, and executed by Vineyard Marketplace Limited Partnership, a Texas limited partnership, for the benefit of Lender, and recorded under Instrument File Number D197132528 in the Real Property Records of Tarrant County, Texas; hereby consents to the terms, covenants, restrictions, easements, obligations and provisions of that certain Second Amendment to Declaration of Reciprocal Easements and Restrictive Covenants (the Amendment"), made by and between VINEYARD MARKETPLACE LIMITED PARTNERSHIP, a 0e1aware limited partnership ("Developer"), and WINN-DIXIE TEXAS, INC., a Texas corporation Nina-)ixie"), to which this consent is attached, for the purpose of subordinating the lien, effect and terms and conditions of the foregoing Mortgage to the Amendment and to the terms, conditions and agreements set forth therein. However, Lender does not join in making any warranties or covenants on the part of Developer or Winn -Dixie and by this consent shall not be deemed to have assumed any obligations, liabilities or indemnities of Developer or Winn -Dixie pursuant to the Amendment. IN WITNESS WHEREOF, Lender has caused these presents to be executed as of the Z144t"dayofMarch, 1998. LENDER: CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, a national banking association By: Name: Its: 6/ -,i A J-" _t STATE OF TEXAS COUNTY OF DALLAS he f ego'ng instrument was acknowledged before me this -/Li day of March, 1998, byypofCHASEBANKOFTEXAS, NATIONAL ASSOCIATION, a national banking association, on behalf of such association. He/she either V] is personally known to be or [ ] has produced a valid state driver's license as identification to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and considers 'on therein expressed. Notary Public in and for the State of Texas W, rv f'-, REDAL t33t47.4 326t8-0OOp7 7 NOTARY PUBUCUTANEM. THiifiMAN aSTATE OF TEXAS ACS/ TRC* TARRANT Doc: 000062221 Date: 03/27/1998 Vol: 0013140 Page: 00211 Page: 7 Of 12 R Lots 4R, 5R, 6R, 7R, 8R, 9R and 10R, Block 1, Mulberry Square Addition, an Addition to the City of Grapevine, Texas, according to the revised map thereof recorded in Cabinet A, -Slide 3725, Plat Records of Tarrant County, Texas. wilco Lot 3, Block 1, Mulberry Square Addition, an Addition to the City of Grapevine, Texas, according to the plat thereof recorded in Cabinet A, Slide 1956 of the Plat Records of Tarrant County, Texas. REDALA35147.4 3MI94M 8 rMEN mmmmmm ACS/TRC* TARRANT Doc: 000062221 Date: 03/27/1998 Vol: 0013140 Page: 00211 Page: 8 Of 12