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.
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Fox number o(propertiy-owne2rp j j
st 4 o r✓D
k{ : .'�
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® 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 ($2,000.00) and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or continues.
Section 8. The fact that the present ordinances and regulations of the City of
Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
emergency for the immediate preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance shall become effective
from and after the date of its final passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 19th day of April, 2005.
.-•f• b
ATTEST:
ORD. NO. 4
PARKING AND SITE NOTES:
I. ALL MZ DW.6 AND GUM ARE EXISTM
A ALL OTPXWO, PARKR4G. C R58 AND WAL" ARE EXMTW2.
I
SITE PLAN
SCALE 1181' = 1'-011
AREAS
TOTAL BUILDING AREA, 4380 S.F.
TOTAL AREA SUITE #100 1812 S.F.
TOTAL SITE AREA 9870 S.F.
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"I' eE MET.
882.047-0119
APPLICANT:
JAMES BRUT TQNZEL
808 S. MAIN STREET'
GRAPEVINE, TEXAS 78051
817 -310 -OM
CASENAME: NAPOLrSffAWWCAFE
CASE NUMBER: ' CU05-12
LOCATION • 809 S. MAIN MEET #1100
LOTBLOCKADDITION: LOT 1$: 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
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PREPARED BY:
EXISTING ADJACENT BUILDING 8R TSON
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DATE: 02.22r05
REVISIONS:
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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 +
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PAi2KING 1-4PKING
b MAYOR SECRETARY
DATE:
FLOOR PLAN - APOI'
PLANNING Atm ZANING COMMISSION
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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
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BLOCK 20, ORIGINAL TOWN'OF GRAPEVINE, TARRANT COUNTY,
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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