HomeMy WebLinkAboutItem 06 - CU19-31 Napoli's Italian Kitchen and MarketTO- HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM- BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE- DECEMBER 17, 2019
SUBJECT- DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU19-31, NAPOLI'S ITALIAN
KITCHEN AND MARKET
�- i I
Grapevine
Lake 'D ' APPLICANT- James Kinzel
Ra.
I
I � I
I.H. 1635
PROPERTY LOCATION AND SIZE-
"a� � I The subject property is located at 309, 309 Suite 100
I
s DFW 3 and 311 South Main Street and is platted as Lots 12
Hall -Johnson ?060 Airport a and 13 Block 19, and Lots 1 and 2, Block 20, City of
T____o Grapevine Addition. The subject property contains
Glade Rd. — �, —I _i approximately 6,682 square feet and has 77 feet of
frontage along South Main Street and along Jenkins
Street.
REQUESTED CONDITIONAL USE AND COMMENTS -
The applicant is requesting a conditional use permit to amend the previously approved site
of CU10-15 (Ord. 2010-34) to allow access, indoor dining, and on -premise alcohol
beverage sales (beer, wine, and mixed beverages) in conjunction with a restaurant at 309
South Main Street.
Originally established in May, 2004 as an Italian style restaurant and later expanded to the
south in July 2010 with a total 110 seats indoors and 16 outdoor seats, it is the applicant's
intent to expand to the north into a current retail space (2,412 s.f.) and provide seating for
an additional 62 customers with 24 of those seats contained within a separate room
available for private events not normally used for general dining. The applicant intends to
create an opening between the adjoining spaces; food and beverage service will be from
the adjoining kitchens and bar to the south. With a total occupant load for all three
0:\ZCLI\CL)19-31.4 1 December 11, 2019 (10:34AM)
addressed spaces of 251 people along with 16 outdoor seats, required parking including
the expanded restaurant dining area is 89 spaces. There are 15 off-street parking spaces
immediately adjacent to the subject property to the north. The applicant proposes that
available on -street and off-street parking exists in the immediate vicinity within reasonable
walking distance to meet the needs of the restaurant.
PRESENT ZONING AND USE:
The entire subject property is currently zoned "CBD" Central Business District. The
property addressed at 309 South Main Street is currently operating as a retail store; the
property addressed at 309 South Main Street, Suite 100 and 311 South Main Street
operate as a restaurant with on -premise alcohol beverage sales.
HISTORY OF TRACT AND SURROUNDING AREA:
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 (HL92-03). At the April 19, 2005
meeting, a conditional use request was approved (CU05-12, Ord. 2005-27) for a restaurant
with on -premise alcohol beverage sales and consumption at the property addressed at 309
South Main Street, Suite 100. At the July 20, 2010 meeting the Council approved a
conditional use permit (CU10-15) on the subject property to allow for a 2,235 square foot
expansion to the south for a confectionary. The Site Plan Review Committee at their May
6, 2015 meeting approved a conditional use permit (CU15-17) to allow for minor floor plan
changes to the existing restaurant without an increase in seating. At the Site Plan Review
Committee's October 5, 2016 meeting the committee allowed for 16 outdoor seats along
Main Street. The city council denied a conditional use request (CU17-15) at the July 18,
2017 meeting on the subject property in which the applicant had proposed expanding the
restaurant northward by removing fifteen off-street parking space and adding a second
story to the existing restaurant space and providing for outdoor dining in an interior
courtyard.
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:
O:\ZCU\CU19-31.4 2 December 11, 2019 (10:34AM)
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.
/rs
0:\ZCU\CU19-31.4 3 December 11, 2019 (10:34AM)
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CU1 9=31
Napoli's Italian Kitchen and Market
This data has been compiled by the City of Grapevine ITIGIS 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.
cLkt94pal
C. N. E
�T E X A S
CITY OF GRAPEVINE
CONDITIONAL USE APPLICATION
Form "A"
PART 1. APPLICANT INFORMATION
Name of applicant I agenUcompanylcontact
-57C !!te�aa r
& k
Street address of applicant / agent:
:3o � Xc )!& ct 4-C., At
City I State I Zip Code of applicant I agent:
f "be- —26 A�/
Telephone Vurnber o applicant ag nt.
Fax number of applicantlagent
Email address of applicant/agent
Mobile phone number of applicantlagent
PART 2. PROPERTY INFORMATION
Street address of subject property
* -3 6 � S - o " 7,-4,y, �.
Legal description of subject property (metes & bounds must be described on 8112" x I I" sheet)
Lot1727—S'Z— 34&1ock Zd Addition
Size of subject property
VVY
Acres
Square foot e
Present zoning classification. Proposed use of the property:
---
P e L I
Circle yes or no, if applies to this application
Outdoor speakers Yes
Minimum I maximum district size for conditional use request:
Zoning ordinance provision requiring a conditional use:
PART 3. PROPERTY OWNER INFORMATION
Name of current pro eriy owner.
0
Street address of property owner.
.
City I State I Zip Code of property owner.
l-T�evilil 1X 3
Telephone number of propbrty owner.
Fax number ofproperty owner.
?1q— 9
1 - - -�J
np��r�o�� ill
OCT 1 p 2019
ICY
CU 1R-31
❑ Submit a letter describing the proposed conditional use and note the request on the site plan document
❑ in the same letter, describe or show on the site plan, and conditional requirements or conditions imposed upon the particular conditional
use by applicable district regulations (example: buffer yards, distance between users)
❑ In the same letter, describe whether the proposed conditional use will, or will not cause substantial harm to the value, use, or enjoyment of
other property in the neighborhood. Also, describe how the proposed conditional use will add to the value, use or enjoyment of other
property in the neighborhood
❑ Application of site plan approval (Section 47, see attached Form "Bl.
❑ The site Plan submission shall meet the requirements of Section 47, Site Plan Requirements.
❑ All conditional use and conditional use applications are assumed to be complete when filed and will be placed on the agenda for public
hearing at the discretion of the staff. Based on the size of the agenda, your application may be scheduled to a later date.
❑ All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the
next public hearing. Public hearings will not be tabled
❑ Any changes to a site plan (no matter how minor or major) approved with a conditional use or conditional use permit can only be approved
by city council through the public hearing process.
❑ 1 have read and understand all the requirements as set forth by the application for conditional use or conditianal use permit and
acknowled a than a1l requirements of this application have been met at the #ime of submittal
PART 4. SIGNATURE TO AUTHORIZE CONDITIONAL USE REQUEST AND PLACE A CONDITIONAL USE
REQUEST SiGN ON THE SUBJECT PROPERTY
-04(?
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,L y _
4 'Ile
Print Applicant's Name:/..--*P
licant sffig ature.
The State of
County Of
Before Me9YAZNon this day personally appeared f
(notary) (applicant)
known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therein expressed.
t&
(Seal) Given under my hand and seal of office this dayk I of _ _ !� , A.D. 2.b
++a'Y 11U■,,, SHAiNNA BARNES
°r• ' Notary Public, State of Texas
Comm. Expires 04-13-2023
��•,; of ,.++ Notary ID 13018809-0
ft-01-VW 1'. Ao-uvass
Print Property owners Name: Prope wnees Signature:
The State Of
County Of
Before Me 9�- llf�,LJDCV-7�L PYlr-C)e
(notary)
on this day personally appeared "TtCC*-\rN
(property own6o
known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therein expressed.
(Seal) Given under my hand and seal of office this day of(2e:kC)N�)e_ , A.D.
►►'''i P'�i,,,= SHAWNA BARNES
�. "''����Notary Public, State of Texas
1`'= Comm. Expires 04-13-2023
'�,�oF,,►.+ Notary ID 13018809-0
F1 f��r
OCT 10 2019
! ��
cui9-31
Proposed Plan
Owners, Brett and Lisa Kinzel, of Napoli's would like to combine our two concepts,
Napoli's Italian Kitchen and Napoli's Italian Market into one business under the
same roof. This is accomplished by creating an opening that will be shared
between both spaces. In addition to this we would like to create dining space in
the back of our market as well as a private dining room. We will continue to utilize
the front third of the space as retail. We believe these changes will make the
space more productive and efficient.
OCTLLD
10 2019
�.
ORDINANCE NO. 2019-085
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS ISSUING CONDITIONAL USE PERMIT
CU19-31 TO AMEND THE PREVIOUSLY APPROVED SITE
PLAN CU16-12 SPRC, CU15-17 SPRC, AND CU10-15
(ORDINANCE NO. 2010-34) TO ALLOW ACCESS, INDOOR
DINING, AND ON -PREMISE CONSUMPTION OF
ALCOHOLIC BEVERAGES (BEER, WINE, AND MIXED
BEVERAGES) IN CONJUNCTION WITH A RESTAURANT
LOCATED AT 309 SOUTH MAIN STREET 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); 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. 2019-085 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. CU19-31 to amend the previously
approved site plan of CU16-12 SPRC, CU15-17 SPRC, and CU10-15 (Ordinance No.
2010-34)to allow access, indoor dining, and on -premise consumption of alcoholic
beverages (beer, wine, and mixed beverages) in conjunction with a restaurant at 309
South Main Street, in a district zoned "CBD" Central Business District within the following
described property: 309, 309 Suite 100 and 311 South Main Street 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
Ordinance No. 2019-085 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 17th day of December, 2019.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO FORM:
City Attorney
Ordinance No. 2019-085 4
M".
AREA OF CONSIDERATION
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BREAK DOWN OF BULDNCJ AREAS.
ALLOWABLE OCCUPANCYLOAD 309 SOUTH MAN
12.08.2019
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TOTAL BLL.CfrK AREA
—7 51
TOTAL I -ATM FFR LAICJT
309 SOUTH MAN SUITE fOO
ALLOWABLE OG,'!,UI`ANGY LOAD 309 SOUTH MAN SUITE 00
BREAK DOWN OF BUILDING AREAS
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AREA USED BY AA^" MAN
TOTAL V�O�. —A
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BREAK DOWNOFBUILDING AREAS.
ALLOWABLE OCCUPANCY LOAD
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TOTAL ��l AREA 51 Tl
TOTAL —IT
CONDITIONAL USE PERMIT GU 19-31 15 A REQUEST TO AMEND THE PREVIOUSLY APPROVED SITE PLAN OF CU 10-119
(Ord 2010-34) TO ALLOW ACCESS, INFOOK DINING, AND ON -PREMISE ALCOHOL BEVERAGE SALES (BEER, WINE, AND
MIXED BEVERAGES) IN CONJUNCTION WITH A RESTAURANT AT 309 SOUTH MAIN STREET.
JAMES BKET-T KNZEL
GATE
KEQ-U€:ED P,ARYJNCq
TOTAL PAKKN6 RE EL` 67 Sp ES
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