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Home My WebLink AboutORD 2010-034TO: SITE PLAN REVIEW COMMITTEE MEMBERS FROM: ALBERT L. TRIPLETT, JR, PLANNER II DATE: OCTOBER 5, 2016 SUBJECT: CONDITIONAL USE REQUEST CU16-21; LOT 12, BLOCK 19, CITY OF GRAPEVINE RECOMMENDATION Staff recommends the Site Plan Review Committee consider the proposed changes to Conditional Use Permit CU15-17 (SPRC) Conditional Use Permit CU10-15 (Ord. 2010- 34) approved at the July 20, 2010 meeting to allow modifications to an existing floor plan for a restaurant and confectionary and to allow for the possession storage, retail sale and on -premise premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant, specifically to allow outside dining in conjunction with a restaurant, and take any other action necessary. Napoli's Italian Cafe was originally established in 2004. Conditional Use Permit CU05- 12 (Ord. 2005-27) was approved by the City Council at the April 19, 2005 meeting to allow for allow for the possession storage, retail sale and on -premise premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with an existing restaurant. Conditional Use Permit CU10-15 (Ord. 2010-34) was approved by the City Council at the July 20, 2010 meeting specifically to expand into an adjoining space for additional seating and a confectionary shop (Napoli's Confectionary). The approval established a parking plan for the expanded use to allow for 41 parking spaces located at the southeast intersection of South Main Street and East Texas Street and directly east of Napoli's across Jenkins Street. At the May 6, 2015 meeting the Site Plan Review Committee approved Conditional Use Permit CU15-17 on the subject site to allow for changes to the existing restaurant and confectionary. The approval allowed minor floor plan changes to the existing restaurant and confectionary; including, adding a bar, relocating confectionary freezers, adding a 9'6" wall, widening an existing pass through three feet, from four feet to seven feet, expanding alcohol service to all consumption areas and relocating the alcohol storage area. The revised seating layout maintained seating for 90 patrons. With this request the applicant proposes to add sixteen outdoor seats adjacent to South Main Street at the front entrance. The revised seating layout will accommodate 106 patrons: 90 -seats indoors and 16 -seats outdoors. The applicant will maintain a OAMMU 16-21.4sprc a'' I X141, z �w. . P14 d 1 fl� EXIT/ e a� i I ENTRYz � 2 COO, 9 1 I X141, z �w. . P14 d 1 fl� e a� i a � 2 9 1 2 k Vel, , I X141, z �w. . P14 d 1 fl� e a� i a � 2 7 . 2 fl� TO: SITE PLAN REVIEW COMMITTEE MEMBERS FROM: ALBERT L. TRIPLETT, JR, PLANNER II DATE: MAY 6, 2015 SUBJECT: CONDITIONAL USE REQUEST CU15-17; LOT 12, BLOCK 19, CITY OF GRAPEVINE RECOMMENDATION Staff recommends the Site Plan Review Committee consider a conditional use permit to allow modifications to an existing floor plan for a restaurant and confectionary and to allow for the possession storage, retail sale and on -premise premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant, and take any other action necessary. Ic�_�i3:(elcZ�1�P►I�7I�t7i ; ►t ; • � Napoli's Italian Cafe was originally established in 2004. Conditional Use Permit CU05- 12 (Ord. 2005-27) was approved by the City Council at the April 19, 2005 meeting to allow for allow for the possession storage, retail sale and on -premise premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with an existing restaurant. Conditional Use Permit CU10-15 (Ord. 2010-34) was approved by the City Council at the July 20, 2010 meeting specifically to expand into an adjoining space for additional seating and a confectionary shop (Napoli's Confectionary). The approval established a parking plan for the expanded use to allow for 41 parking spaces located at the southeast intersection of South Main Street and East Texas Street and directly east of Napoli's across Jenkins Street. With this request the applicant proposes minor floor plan changes to the existing restaurant and confectionary; including, adding a bar, relocating confectionary freezers, adding a 9'6" wall, widening an existing pass through three feet, from four feet to seven feet, expanding alcohol service to all consumption areas and relocating the alcohol storage area. The revised seating layout will maintain the previously approved number of seats for 90 patrons. No additional changes are proposed to the subject site. /at O:\ZCU\CU 15-17.4sprc CITY OF GRAPEVINE SITE PLAN REVIEW COMMITTEE APpv, D DENIED CASE 0_ RVS'D ORDINANCE 0 11 EXISTING SEATING . 11 X2 = 22 17X4 = 68 TOTAL 90 EMPLOYEE 6 OCCUPANCY LOAD = 96 REARRANGED SEATING STOOLS 16 SEATING 9X2 = 18 SEATING 5X4 = 20 BOOTHS 9X4 = 36 TOTAL 90 EMPLOYEE 6 OCCUPANCY LOAD = 96 CASE NAME. NAPOLI'S CONFECTIONARY CASE NUMBER: CU15-17 LOCATION: 311 S, MAIN STREET LOT / BLOCK ADDITION: LOT 12, BLK 19 ORDINAL TOWN OF GRAPEVINE MAYOR SECRETARY DATE: PLANNING AND ZONING COMMISSION CHAIRMAN DATE: SHEET: OF APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES DEPARTMENT OF DEVELOPMENT SERVICES ORDINANCE NO. 2010-34 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, 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 CU10-15 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2005-27 FOR THE EXPANSION OF A RESTAURANT IN A DISTRCT 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. 2010-34 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 CU10-15 to amend the site plan approved by Ordinance No. 2005-27 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 Cafe), for the expansion of the restaurant into an adjoining space for additional seating and a confectionary shop (Napoli's Confectionary), in a district zoned "CBD" Central Business District within the following described property: 309 South Main Street, 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. 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. 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. 2010-34 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. 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 ($2,000.00)and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. That the fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 20th day of July, 2010. APPROVED: William D. Tate Mayor ATTEST: joii Linda Huff '1" City Secretary APPROVED AS TO FORM: �'r .! R. !`. c'`f John F. Boyle, Jr. City Attorney ORD. NO. 2010-34 4 W W w L TO v 1 O W u� l ' c vJ� M ENTRY s 4 9 LOCKARLE ALCOHOL �`srsaarE m � 2 `v ° % CONSUMPTION AREA Y Q G El I ❑ J` - J( m DININCs °' W m I 1 Q , III 0 wll S mil I oFu °e\ 9Fi�C�\ NAPOLI'$ ------ O is oa ADJACENT LEASE SPACE OFFICE o : 6 -w X / CM N 0 p 6. 11 0 �0 all O x w \\ r5 -6" _ -- - - ?W •• 22 TOTAL PROPOSED -`LX -- X X40// OCCUPANCY - - - -- D / i ' - - - - - a x \ - - - - r -- _ h� 0- I LI ` -- – – – – – – – –' ` - -_ , = it In l it NUM TION REA _ 0 4 X m R KITCHEN _ _w Gov wylr- -- -- Y- �r- - - --�- iL I CF QOII OZ I OUP \ CONSUMPTION AREA �' \\ i $ N i ® N -0• J DINING m � o ° 1 RAM AND s PS IF REQU ED �:� I I Q 1 II .� EXISTING= ADJACENT BUILDING FLOOR PLAN - NAPOLI'S CONFECTIONARY SCALE 1/4" = 1e -0" 309 SOUTH MAIN STREET PROPERTY DESCRIPTION 309 SOUTH MAIN STREET SUITE #100, GRAPEVINE, TEXAS LOT 13, BLOCK 19, AND LOTS 1, 2 AND SOUTH 1/2 OF LOT 3, BLOCK 20 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. 311 SOUTH MAIN STREET PROPERTY DESCRIPTION 311 SOUTH MAIN STREET, GRAPEVINE, TEXAS LOT 12, BLOCK 19, ORIGINAL TOWN OF GRAPEVINE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 388 -309, PAGE 72, PLAT RECORDS TARRANT COUNTY, TEXAS. Pa -3 ....,,.�_ of GROSS BUILDING AREA 2235 50. FT. SEATING �LL � 0 Lim o m \ Q 5Wo EN 5'S a-0 I M HALL EXIT y A i OFFICE ' : 6 1l / CM N �yl r5 -6" _ IIX2 22 TOTAL PROPOSED : 90 OCCUPANCY - - - -- SEATING a x EMPLOYEE I aTEPS _ II II 0- I %Tl , it NUM TION REA _ 0 4 X m R tEf x I I Q RETAIL DINING ? DINING 4. -0.. RAILING 6• � 9• -0. �-0,. a � 3 °'x3o^ T. TOP ' CON UM�TI N AR ❑ I p - w Y 3 z o ENTRY \ EXIT // v SALAD COOLER SALAD 1: ELEC. II COOLER OVEN FREEZER ! COOLER y 4-4" CONSUMPTION AREA Q I Z I s NAPOL1' CONFECTIONARI' I II II ----------------- II II Iv KITCHEN I L TABLE DRY 5TORAGE F- - - - - -- O � TE4 / X30" i. TOP El / SOD4 ifa Y 3� 4 m ICE CREAM PASTRY I Q m Q 3 RET n o IL --------- ---- _- !_ - - - -_- --- -_ -_ -_, ------------------------------------ _�- _ -_ - -- -------- DRT STORAGE DINING i s s P 9 SERVICE s � W _ ._____________________ ____, HAND COUNTER SINK Ej El J` I N I = it , 60 I'• II .� EXISTING= ADJACENT BUILDING FLOOR PLAN - NAPOLI'S CONFECTIONARY SCALE 1/4" = 1e -0" 309 SOUTH MAIN STREET PROPERTY DESCRIPTION 309 SOUTH MAIN STREET SUITE #100, GRAPEVINE, TEXAS LOT 13, BLOCK 19, AND LOTS 1, 2 AND SOUTH 1/2 OF LOT 3, BLOCK 20 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. 311 SOUTH MAIN STREET PROPERTY DESCRIPTION 311 SOUTH MAIN STREET, GRAPEVINE, TEXAS LOT 12, BLOCK 19, ORIGINAL TOWN OF GRAPEVINE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 388 -309, PAGE 72, PLAT RECORDS TARRANT COUNTY, TEXAS. Pa -3 ....,,.�_ of GROSS BUILDING AREA 2235 50. FT. SEATING �LL � 0 Lim o m \ Q 5Wo EN 5'S a-0 I M HALL EXIT y A i OFFICE 3 X 2 : 6 1l / CM N �yl r5 -6" 68 IIX2 22 TOTAL PROPOSED : 90 OCCUPANCY II SEATING a x EMPLOYEE 6 TOTAL 96 96 / 3: 32 SPACES 0 4. -0.. 6• � 9• -0. �-0,. c m ❑ I p " J. HALL \ EXIT // v SALAD COOLER SALAD 1: ELEC. II COOLER OVEN FREEZER ! COOLER y DR'lVSTORAGE Q I Z I _ N I _ 0 MII n - I II II ----------------- II II Iv KITCHEN I L TABLE DRY 5TORAGE F- - - - - -- - � TE4 / I II SODA t / SOD4 TABLE c :I II CE CREAM1 L _ _ _ - ; 1 DRY STORAGE I I FREEZER I _ _ - - r SAND I c I (31 COMP. SINK I NK I -------- DRT STORAGE WALL EXISTING ADJACENT BUILDING CU- 10-15 Is a request to emend the prevI -1y approved one plan of CU-0 12 (Ord. 2005-27) to allow the possession storage, retell sale and on- premiss Consumption of alcoholic beverages (bear, wine and mixed beverages) In conjunction with a restaurant, apecfica y to allow an expansion of approxImately 2,235 square teat for additional sealing and a - M.,,danaryshop. THE ENTIRE SITE IS THE PREMISE THE PROPERTY IS CURRENTLY ZONED -CBD' CENTRAL BUSINESS DISTRICT THE CURRENT LAND USE DESIGNATION AS CONTAINED IN THE COMPREHENSIVE MASTER PLAN IS CENTRAL BUSINESS DISTRICT ALL REQUIREMENTS OF SECTION 28, COMMUNITY COMMERCIAL DISTRICT SHALL BE MET. D E D TF off, a II .f......M.. :t . OELDE[t 0. SiEM6eIDGE 0-31486 ... tss /onAt E1`a ml M EXISTING 9 X 4 :36 3 X 2 : 6 TOTAL EXISTING .42 PROPOSED 11X4 68 IIX2 22 TOTAL PROPOSED : 90 OCCUPANCY LOAD SEATING 90 EMPLOYEE 6 TOTAL 96 96 / 3: 32 SPACES ENGINEER: DELBERT STEMBRIDGE 6528 SHERRI LANE N.RICHLAND HILLS, TEXAS 76182 817- 228 -8230 APPLICANT: JAMES BRETT KINZEL 309 S. MAIN STREET GRAPEVINE, TEXAS 76051 817- 310 -0385 CASE NAME: NAPOLI'S CONFECTIONARY CASE NUMBER : CU -10 -15 LOCATION: 311 S. MAIN STREET LOT /BLOCK ADDITION: LOT 12, BLK 19 ORIGINAL TOWN OF GRAPEVINE MAYOR SECRETARY DATE: PLANNING AND ZONING COMMISSION PREPARED BY: GREG ROBERTSON 817 - 354 -9347 DATE: 06 -05 -10 REVISIONS: 06 -24 -10 0 U� �W OE* U� a� Oo zM CHAIRMAN DATE: SHEET:: OFD— SHEET APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES DEPARTMENT OF DEVELOPMENT SERVICES 309 & 311 S Main St Parking Plan Pages N City of Grapevine GIS Office: Matt Brogan U1/E Tuesday, July 13, 2010 10:38'.00 AM 600 Feet C: \Documents and Settings \mbrogan \Desktop \Maps for Susan Batte \309SMainParkingSusan71210.mxd 0 150 300 S