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