Loading...
HomeMy WebLinkAboutItem 04 - CU05-12 Napoli's Italian CafePiz ht- y TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: ROGER NELSON, CITY MANAGER (/ H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES' MEETING DATE: APRIL 19, 2005 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU05-12 APPLICANT: James Kinzel PROPERTY LOCATION AND SIZE: The subject property is located at 309 South Main Street, Suite 100 and is platted as Lot 13, Block 19, and Lots 1 and 2 and South half of Lot 3, Block 20 and the abandoned alley between Lot 13, Block 19, and Lot 1, Block 20,Original Town of Grapevine. The subject property contains approximately 1,800 square feet and has approximately 35 feet of frontage along South Main Street. 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 an existing restaurant. The operator of Napoli's Italian Cafe is requesting on -premise alcohol beverage sales and consumption in conjunction with his existing restaurant. PRESENT ZONING AND USE: The property is currently zoned "CBD" Central Business District and is developed as a restaurant. 0:\ZCU\CU05-12.4 I April 10, 2005 (2:41 PM) The subject property and surrounding areas were rezoned in the 1984 City Rezoning from "C-2" Community Business District to "CBD" Central Business District. The subject property is also located within a Historic Overlay District (1-11-92-03). SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "CBD" Central Business District—various retail businesses SOUTH: "CBD" Central Business District—various retail businesses EAST: "CBD" Central Business District—various retail businesses WEST: "CBD" Central Business District—various retail businesses AIRPORT IMPACT: The subject tract is located within "Zone A" zone of minimal 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. MASTER PLAN APPLICATION: The Master Plan designates the subject property as a Central Business District land use. The applicant's proposal is in compliance with the Master Plan. Irs 0:\ZCU1CU05-12.4 2 April 10, 2005 (2:41PM) �i MAR 0 7 2005 Per ............. qkINE CITY OF GRAPEVINE CONDITIONAL USE APPLICATION Form "A" PART 1. A PLICANT INFORMATION Name of appricant /agent: vK Street address of appricant/ agent: City/State/Zip Code ofappikent/agent 6—r- e (f 11,v— Tc '7 '/ Telephone numbs of applicant /agent I Fax number of applicant /agent X17 Y17 -PO - Ofgr Appik/^a�nrs interest in subject rty PART 2. PROPERTY INFORMATION Street address of subject property -70. Som 1��4,�- St -'100 Legal description o(subjed property (metes & bounds must be described on 8 W x 11' sheet) tze of subject property Acres Square footage Present zoning dassification: Proposed use of the property.- Vmknwn /maxknum dstdd size for corx ibwml use request Zoning ordinance provision requiring a cmxkw a/ use: PART 3. PROPERTY OWNER INFORMATION Name o(aarent owner k 0 i � 4{ S Street address of property owner. OR - �J. iYi �� to S� C & / State /Zip Code of property owner. t v'r-—M TekN)h^o`n�e]num/�berofpropertyowner. -Z Fox number o(propertiy-owne2rp j j st 4 o r✓D k{ : .'� 1 l ® Submit a tetter describing the proposed corMdio ml use and rate the request on the site plan document O M the same letter, describe or show on the sHe plan, and condtional rmquimments or condrtJo a knposed upon the particular conditional use by appkable drstrfd regulations (example: buffer yards, distance between users) 0 /n the same letter, describe whather the proposed condfional use wdl, or wi not cause substantial harm to the varum, use, or enjoyment of Diller Property An the neighborhood. Also, describe how the proposed condtional use will add to the value, use or enjoyment of other property In the neighborhood. • Appdcation of site plan approval (Section 47, we attached Form *B9. 7 7710 sitean submission shed meet the requirements of Section 47 Site Pian Requirements. 2 MAR 0 7 2005 ❑ All conditional use and conditional use applications are assumed to be complete when riled and wil be placed on the bow forpubiic hearing at the discretion of the staf. Based on the size of the agenda, your application may be scheduled to a later date. ❑ All public hearings wr1/ be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the next pubo 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 pubic hearing process ❑ 1 have read and understand all the requirements as set lorttr by the kation for conditional use or conditional use permit and acknowledge that ad requirements of this a rcatkn 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' Print Applicant's Name: The State O(L./ County Of QJt12 l f/ Before Me on this day personally appeared!f}�Iyl `PS ti + n ( a ) (applicant) known to me (or P acknowledged to In w (Seal) given un*� t(q qn � oath of card or other document) to be the person whose nine is subscribed to the foregoing instrument and (4 rJ she same for the purposes and consideration therein expressed of'e�ica this day of 01 AD. �. • } Z. filo Print Property owners Name: The State Of i 1J✓ County (Y ---L �<:� 5 Bei on this day personally appeared fah fly knom to me (or proved b me on the oath of said or other document) to be the person whose now is subscribed to the foregoing Instrument and odmowfedged to me that he executed the same for the purposes and consideration therein expressed (Sean Given under my hand and seal of office this _.7 day of� _ AD. ,����NtliNle�i `��� fieta.:lu;`fre pis Ranary PAO-`.'•• •'� of 01 MAR 0 7 2005 Date: March 7, 2005 per` e... _ ....... Subject: Application of Conditional Use Permit From: James B. Kinzel —Owner- Napoli's Italian Cafe To The City of Grapevine, I, James B. Kinzel, am applying for a conditional use permit so that I may serve alcoholic beverages at the existing restaurant. We would like to serve bottled beer and wine as an accompaniment to our patrons. We believe that this addition will be an enhancement not only for the patrons but for the City of Grapevine as well. The site for this proposal is at the following: 309 South Main Street, Grapevine, Texas Lot 13, Block 19, and Lots 1,2 and Southl/2 of Lot 3, Block20 And the Abandoned Alley Between Lot 13, Block 19 and Lot 1, Block 20, Original Town of Grapevine, Tarrant County, Texas, According to the Plat Thereof Recorded in Volume 309, Page 12, Plat Records Tarrant County, Texas For questions please call 817-310-0385 Thank you for your consideration James B. Kinzel & os-J:Z_ 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 CU05-12 FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) IN CONJUNTION WITH A RESTAURANT, IN A DISTRICT ZONED "CBD" CENTRAL BUSINESS DISTRICT 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 CU05-12 for the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant (Napoli's Italian Caf6), in a district zoned "CBD" Central Business District within the following described property: Lot 13, Block 19 and Lots 1, 2 and south '/ of Lot 3, Block 20 and abandoned alley between Lot 13, Block 19 and Lot 1, Block 20, Original Town of Grapevine (309 South Main Street, Suite 100), 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 ORD. NO. 3 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. 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 ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 19th day of April, 2005. .-•f• b ATTEST: ORD. NO. 4 PARKING AND SITE NOTES: I. ALL MZ DW.6 AND GUM ARE EXISTM A ALL OTPXWO, PARKR4G. C R58 AND WAL" ARE EXMTW2. I SITE PLAN SCALE 1181' = 1'-011 AREAS TOTAL BUILDING AREA, 4380 S.F. TOTAL AREA SUITE #100 1812 S.F. TOTAL SITE AREA 9870 S.F. 0005.12 1$&MW for#wsppmWo(*w iW 0 and on We PLM 10 aww� of mk W hook bvrera^ (bm, 1o�oeto�d =1401n E oo(k • . THE BMW WE 18 THE Pt;MW THE PHOPMW 18 GNiI;FN11.Y WNED VV CEMAAI. 911SWM DISTRICT TI{E CURRENC LAHO (lSE DESIpNA110N A8 CONTAINED RJ THE COMPfi51VEMA8TEiiPW116CENTW�IBU8WE83Dl&TWCT ALL R-11 1EMETtTg OF 8EGIM � COMWAM COMMIEDGIAL DISTRICT "I' eE MET. 882.047-0119 APPLICANT: JAMES BRUT TQNZEL 808 S. MAIN STREET' GRAPEVINE, TEXAS 78051 817 -310 -OM CASENAME: NAPOLrSffAWWCAFE CASE NUMBER: ' CU05-12 LOCATION • 809 S. MAIN MEET #1100 LOTBLOCKADDITION: LOT 1$: BLK 19& LOTS 1,2 AND.ISOUTH 112 OF LOT $. BLK 20 & ABANDONED ALLEY BTWN: LOT IS. SIX 19"& LOTT11,, MOOK9DORIWALTOWN OF EVINE MAYORSECRETARY DATE: PLANNING AND ZpNING'COMMISSION OMAN DATE: SHEET : _j _ OF 2 APPROVAL DOES NOT AUTF OIM ANY WORK . IN OONRJCT WITH ANY CODES OR OPOKANCES DEPARTMENT OF DEVELOPMENT SERVICES PREPARED BY: • GREG ROBERTSON 817-354-347 DATE: 07-2242 REVISIONS: 00-00.00 MAR 4? 2005 Ter,........... Y PREPARED BY: EXISTING ADJACENT BUILDING 8R TSON LU DATE: 02.22r05 REVISIONS: k °'-0' '•''' �"'� 88-09-00 0"Tw. anu aMEWOR tlN.L It NSU WALL 11 i NAPOLILS DINING y ; EN g S M N 31: 1+ 1-1 El F-1 a� 1 e 1 iWNSUMFnON KITCHEN 1 1 ' R Ilk 7g�gg t � --=- ---- ,------- a _ EtIrTRY' 1 01� s j,$) ------------- tl. } } ce%eertR.s1F 3Xj.1° ENGINEER. eroe�i. � ~ , € X� � } DELBERT STEMBRNDGE o ( 2829 RACE STREET SUITE A D FORT WORTH, TEXAS 76111 682.647-0119 a x APPLICANT: JAMES BRETT KINZEI LEASE 6FA r—E PORC14 I � 9W S. MAIN STREET 1 GRAPEVINE, TEXAS 76061 } 3 817-910-0385 f•' i i3 CASE NAME: NAP01181TALUWCAFE CASE NUMBER: CU-06-12 PORCH-{ I i LOCATION: 3W S. MAIN STREET *'100 R LOT/BLOCKADDMON: LOT 13, BLK 19 & } COTS 1,2 AND SOUTH 112 OF LOT 3, BL1C 20 & 1 1 ) ABANDONED ALLEY.BTWN. LOT 13, SIX 19 & } LAT 1, BLOCK20, ORIGINAL TOWN OF i + 1 1 S -----------------------------1 GRAPEVINE PAi2KING 1-4PKING b MAYOR SECRETARY DATE: FLOOR PLAN - APOI' PLANNING Atm ZANING COMMISSION SCALE 114"-l'-O" grawoweepw,aAw al.a+awu.tlera ON m penin. omw9maaaaeiaw,.npe.• to.x, - NM A tlhYm) h tigQuooMraaMi a rokautaiY. to0W4et00D 8tMN1►1ak18m1e10100. PROPERTY DESCRIPTION 7tf ROM MMIS'"EPREMWE CMRMAN M 308 SOUTH MAIN STREET, GRAPEVINE, TEXAS TKPROPOMoaxmmyamwavcLWPALwa4mm=T DATE LOT 13, BLOCK 19, AND LOTS 1, 2AND SOUTH 1/2 OF LOT 3, BLOCK 20 TII�a1n11�xTwmuseceslcratml+AscorrtrurlEnwtt } AND THE ABANDONED ALLEY BETWEEN LOT 13, BLOCK 19 AND LOT 1, w Pzouw sAwmOraeu�lerrcommuwryg� WZTPjar 8HEE(: �OFA^ BLOCK 20, ORIGINAL TOWN'OF GRAPEVINE, TARRANT COUNTY, "`L�0��10NP8 `�'" °0B� TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME $W. PAGE 12, PLAT RECORDS TARRANT COUNTY, TEXAS. APPROVAL DOES NJ CONFLICT WITH ANY rLEANYY1pRlC SHEET HANYOMHOCODES OR ORDINANCES DEPARTMENT OF DEVELOPMENT SERVICES