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2008-051I RESOLUTION NO. 08-051 OFFICIAL RECORD A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR AN ACCESSORY BUILDING ON NON-RESIDENTIAL PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2301 E. SOUTHLAKE BOULEVARD, BEING LEGALLY DESCRIBED AS LOT 4, BLOCK 1, PERRY/ALLEN ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for an accessory building on non-residential property has been requested by a person or corporation having a proprietary interest in the property zoned as "C-3" General Commercial District; and, WHEREAS, in accordance with the requirements of Sections 45.1(44) and 45.16 of the City's Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. A Specific Use Permit is hereby granted for an accessory building on non-residential property on property located at 2301 E. Southlake Boulevard, being legally described as Lot 4, Block 1, Perry/Allen Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 5489, Plat Records, Tarrant County, Texas, more fully and completely described in Exhibit "A", and as depicted on the approved Site Exhibit Resolution No. 08-051 Pagel of 6 attached hereto and incorporated herein as Exhibit "B" and providing an effective date, subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions shall be applicable to the granting of this Specific Use Permit: 1. subject to staff's presentation concerning the sidewalks, shrubs, and retaining wall; 2. subject to staff's request to decrease the width of the roof by one foot; and 3. subject to Revised Site Plan Review Summary No. 1, dated October 1, 2008: a. The Zoning Board of Adjustment approved a variance request to place the accessory building within the rear yard setback on February 14, 2008 (ZBA- 537). b. Clarify on the site plan the nature of the bold -lined box just east of the proposed accessory building. c. Staff recommends reducing the roof overhang (and consequently the overall roof size) by 1 foot to reduce the risk of waste disposal trucks "clipping" the edge of the roof structure. d. Revise "Required Parking" to 47, as there are 140 seats in the restaurant. e. Applicant is encouraged to consult city staff when designing and constructing retaining walls and sidewalks along Kimball and 1709 to incorporate design guidelines of the Urban Design Plan. f. Four additional shrubs are required to meet interior landscape requirements. g. Applicant will need to obtain all necessary permits from TXDOT for grading work and sidewalk installation along FM 1709, a TxDOT roadway. h. Provide a detailed inset on the site plan showing location details of proposed accessory building i. The retaining walls proposed to be installed must be consistent with the retaining walls as presented in the Urban Design Plan and approved by the City Engineer. j. The required width of all new sidewalks on this property is 5'. Resolution No. 08-051 Page 2 of 6 SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS 7TH DAY OF OCTOBER, 2008. CITY OF SOUTHLAKE BY:Q4 John Terrell, May ATTEST: 50U Ty Lori F TRW City S crkary mU• • Resolution No. 08-051 Page 3 of 6 Being property located at 2301 E. Southlake Blvd, being legally described as a Lot 4, Block 1, Perry/Allen Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 5489, Plat Records, Tarrant County, Texas, and more completely and fully described as follows: BEGINNING at a 2/2 inch iron rod set for comer at the southwest corner of Lot 3, 1BIock 1, Perry/Allen Addition, an addition to the City of Southlake as recorded in Cabinet "A", Slide 5154, Plat Records, Tarrant County, Texas, said iron rod also being in the north line of Lot 1, G W. Main No 1098 Addition, an addition to the City of Southlake as recorded in Cabinet "A", Slide 2875, Plat Records, Tarrant County, Texas, THENCE West along the north line of said Lot 1 a distance of 14147 feet to a 5/8 inch iron rod found for corner in the east line of South Kimball Avenue {a variable width right-of-way} as dedicated in Volume 11589, Page 162, Deed Records, Tarrant County, Texas, THENCE North 05 deg 30 min 33 sec East along the east line of said South Kimball Avenue a distance of 124 39 feet to a 5/8 inch iron rod found at an angle point; THENCE due North along the cast line of said South Kimball Avenue a distance of 122 45 feet to a 1/2 inch iron rod set for comer in the northwest line of the Old Kimball Road right-of-way, THENCE North 54 deg 14 min 37 sec East along the northwest line of said Old Kimball Road right-of-way a distance of 209.30 feet to a 1/2 inch iron rod set for corner in the south line of East Southlake Boulevard (a 130 foot right-of-way), said iron rod also being in a curve to the right that has a central angle of 01 deg 42 min 13 sec , a radius of 1,844 86 feet, and a chord that bears South 73 deg 01 min. 31 sec East, THENCE along the south line of said East Southlake Boulevard and said curve to the right an are length of 54 85 feet to a concrete monument found for corner; THENCE South 71 deg. 01 min. 42 see East along the south line of said East Southlake Boulevard a distance of 82.85 feet to a 1/2 inch iron rod set at the northwest corner of said Lot 3, THENCE South 19 deg 05 min 18 sec West along the west line of said Lot 3 a distance of 272.20 feet to the POINT OF BEGINNING and containing 49,512.3 square feet or 1 1366 acres of land Resolution No. 08-051 Page 4 of 6 wv_.. . w._.w_.w.www R. tv.urwr,.wn_ ' n .___neu. • urn_ wwrwrnnuwnrw•wrw w.w •n I o All iy'r, ` ± . r. w J— w'ww.a,w .Q+• .f JMwt'•t syr.+jkh . / ou.._u r veruoNraaaMrvom•uer r` 5° a rw rrcrr e•w.uoNcw°.1_.www wnw.1 ' 1) \;`• ., h••v,.f• 'rwvR•nur.w.o..•.ox•wnu.r wwu.x•.arrl,n 9 f lil'r '.. r. wri.....e rm.w rinwranraam nw' oeanarww. a wo.wwxw _uo 1 6RE N.AN IP - DMUC F•N.\4la"r\L.'O.110 -11 N5gITY MAP JT N Xm m yT D Z 00 qB 7 Ir/anKr rmrxnc 1 e xrarowsNeun N.nax YV N >.a N r.sr aaVIMK ln. .Taww,AY reT`SLN1rIII 6 TR ta11W O 4»-n. e4L .IiNlN1VI(MEw rtLWNrN pfiN awr• x raw a v N am Ns* na x o rur uvlarn e». ,ler I +. : fzlei=moi S NORTH ELEVATION b FOUN CATION PLAN AIA ice: 1 AIA WEST ELEVAnON NowwoommoomWOMEN O4 CASTdEIEVATION 7 rc FLOOR PLAN OGRO6p 6EGTIONA1D PRELIMINARY NOT FOR PERMITTING OR CONSTRUCTION Date_ Sep 02, 2008 CITY CASE: ZA07- m r m n O z^ VI