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03-099ZSP City of Southlake Department of Planning S T A F F R E P O R T April 2, 2004 CASE NO: ZA03-099 PROJECT: Feedstore BBQ REQUEST: William Lafavers is requesting approval of a zoning change with site plan. ACTION NEEDED: 1. Conduct public hearing 2. Consider zoning change with site plan approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Site Plan Review Summary (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Dennis Killough (481-2073) Bruce Payne (481-2036) Case No. ZA03-099 BACKGROUND INFORMATION OWNER/APPLICANT: William Lafavers PURPOSE: The purpose of this request is to receive approval of a zoning change and site plan in order to bring an existing restaurant and its area under use into compliance with current zoning regulations. PROPERTY SITUATION: 530 S. White Chapel Boulevard, Southlake, Texas LEGAL DESCRIPTION: Tract 4D and a portion of Tract 1F, H. Granberry No. 581 Addition LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: “C-1” Neighborhood Commercial District REQUESTED ZONING: “S-P-1” Detailed Site Plan District HISTORY: According to the Tarrant Appraisal District records, this property has been operated for commercial purposes since 1950. The business was originally opened and operated as a grocery store and gasoline station by Earl W. Bailey. The property was annexed into the city by Ordinance No. 47, December 29, 1956. It is presumed, based upon available information, that the property was placed within the Agricultural (AG) zoning district with the adoption of the city’s first zoning ordinance (Ord. 161, adopted January 7, 1969). The grocery store and gas station continued to operate as non-conforming uses as provided for in Section V of Ord.161. William and Reba Miller purchased the property in March of 1972 and continued to operate the grocery store and gasoline station. The property was sold to Dee Curry in August 1983 and began operating as Dee’s Hitchin’ Post. Feed and tack sales were added to the existing grocery and gasoline sales. A change of zoning request from “AG” Agricultural to “L” Light Commercial was approved by the City Council as Ordinance No. 261-67 on April 3, 1984, under the provisions of the city’s zoning ordinance 261 (Ord. 261 was adopted on March 3, 1981, superseding Ord. 161). It appears that the change of zoning request was made in order to add approximately 330 square feet to the south end of the building. The “L” district specifically permitted grocery stores, gasoline service stations, hardware stores and feed and seed stores (retail only). The property was bought by Roger and Charlotte Lemieux in March of 1986 Case No. Attachment A ZA03-099 Page 1 and began operating as Southlake Feed and Tack. Concurrent with the name change of the business, it is believed that the primary use of the property became feed and tack retail sales. A certificate of occupancy was issued to the new owners on March 12, 1986. On September 19, 1986, Zoning Ord. 261 was superseded by Zoning Ord. 334. Although an official zoning map corresponding to the newly adopted ordinance and zoning districts cannot be found at this time, it is presumed that “R1” Retail One zoning was placed upon the property with the adoption of the official zoning map given that this district closely corresponds with the former “L” Light Commercial zoning of the property. Under Ord. 334, feed and tack stores are not specifically listed in any district. However, the “R1” district contains general merchandise uses that include hardware stores, department, discount and variety stores. On September 20, 1989, Zoning Ord. 334 was superseded by Zoning Ord. 480, which is the current Southlake zoning ordinance. With the adoption of Ord. 480 and the corresponding zoning district map, “C-1” Local Retail Commercial zoning was placed upon the property. The feed and tack retail sales use became non-conforming under the “C-1” zoning district. Section 6 of Ord. 480 allows for the continuance of such legally established non- conforming uses until such time as the use is discontinued. The subject property was sold to William Lafavers in September of 1997. The store continued to operate as Southlake Feed and Tack until October of 2000. A permit was issued in October of 2000 to allow repair and remodeling for a restaurant having approximately 1,900 square feet. A certificate of occupancy was issued in April of 2001 and the establishment was renamed Feedstore BBQ Restaurant. The conversion to a restaurant eliminated the non-conforming use status due to restaurants being a permitted use within the “C-1” district (limited to 2,000 sq. ft. of floor area). In October, 2001, the pre-existing covered outdoor porch at the rear of the building was fully enclosed to provide additional climate controlled restaurant seating area. The completion of the enclosure amounted to the installation of Plexiglas windows between the pre-existing porch half-wall/railing and the roof. Also in October, 2001, Mr. Gary Hargett, a resident at 1111 S. White Chapel Blvd, lodged a zoning complaint with code enforcement regarding the establishment of a restaurant at 530 S. White Chapel Blvd. (Feedstore BBQ), claiming that it was an illegal use. Mr. Hargett also alleged that a flea market was being operated on the site and questioned the legality of the off-street parking arrangement on the site. Code enforcement investigated the complaint, and after obtaining confirmation from the city planning department, reported back to Mr. Hargett that the restaurant use was authorized under the “C-1” zoning district, there was no violation of the city’s off-street parking requirements, and that there was no flea market operating on the site. Case No. Attachment A ZA03-099 Page 2 In April of 2002, a building permit for a BBQ smoker was issued and approved, and between June and August of 2003, permits for A/C units and a walk-in cooler were issued and approved. A specific use permit for sale of alcoholic beverages was approved by the City Council by Resolution No. 03-35 on May 20, 2003 with a ten (10) year time limit. As supporting information, a site exhibit showing the existing on- site improvements was submitted to satisfy the concept plan requirement of section 45.2, Ord. 480. In August, 2003 Mr. Hargett made a second zoning complaint relating to the Feedstore BBQ alleging that there had been an illegal expansion of the restaurant via the addition of a refrigeration unit to the back of the restaurant. Code enforcement responded to the complaint by examining the subject refrigeration unit. They determined that a valid building permit had been issued for the refrigeration unit and that there was no code violation. In October, 2003, the city received a letter from Mr. Hargett’s attorney, John R. Lively, claiming the following zoning violations existed on the property: 1) Restaurant exceeds the maximum floor area permitted for a restaurant in the “C-1”district which is 2,000 square feet; 2) A refrigerated trailer was added without a permit and that this trailer adds floor area to the building according to the Zoning Ordinance; 3) A metal storage container has been placed on the property and is outside of the “C-1” zoned boundary; 4) A trailer advertising the restaurant is illegally stored on the property. Given the repeated claims pertaining to potential zoning violations on the property, city staff engaged in a detailed review of the property to determine what, if any, actual zoning violations might exist. Zoning Issues Identified: After carefully reviewing the history of this property, the following conditions appear to be in violation of the Zoning Ordinance No. 480, as amended: Condition Current Regulation Actual 1) Max. Floor Area 2,000 sq. ft. ± 2,200 sq. ft. The maximum floor area permitted for a restaurant in the C-1 zoning district is minimum floor area for a separate building is 2,000 square feet. The floor area according to the building permit issued for the restaurant conversion was Case No. Attachment A ZA03-099 Page 3 approximately 1,900 square feet. The additional floor area is due to Plexiglas being added to the half wall around the patio area. Please note that definition of floor area according the Zoning Ordinance No. 480, as amended, is as follows: The total (net) usable square footage of floor space within the interior wall of a building or room including each floor level, but excluding cellars, mechanical rooms, attics, carports or garages that are not designed for residential or business occupancy. 2) The walk-in cooler, the metal storage container and a portion of the outdoor dining area extend beyond the existing “C-1” zoning district boundary and encroach into the adjoining “AG” agricultural property. The walk-in cooler and the metal storage container appear to be in direct support of the “C-1” use and not the “AG” use, which has been confirmed by the applicant. Although these structures are attached to and support the restaurant function, they do not qualify as floor area per the definition provided in the zoning ordinance. In viewing available aerial photos of the property as far back as 1994, there is visible evidence that commercial use of the property extended beyond the commercial zoning boundary established by the zoning change in Ordinance No. 261-67. The encroachment of the commercial use beyond the established zoning boundary appears be a condition inherited and continued by the current owner. All other conditions that may be considered non-conforming with the Zoning Ordinance No. 480, as amended, are permitted to remain under the provisions Section 6, “non-conforming uses.” STAFF COMMENTS: A site plan showing the existing improvements and proposed zoning boundary, photographs showing the existing building elevations and proposed “S-P-1” zoning district uses and regulations are included as Attachment ‘C’ and ‘G’ of this report. Site Plan Review No. 2, dated April 2, 2004 is included as attachment ‘D’ of this report. N:\\Community Development\\WP-FILES\\MEMO\\2003cases\\03-099ZSP.doc Case No. Attachment A ZA03-099 Page 4 Case No. Attachment B ZA03-099 Page 1 Case No. Attachment C ZA03-099 Page 1 photos Case No. Attachment C ZA03-099 Page 2 Case No. Attachment C ZA03-099 Page 3 “S-P-1” Detailed Site Plan District for Feed Store Barbeque 530 S. White Chapel Boulevard This site shall comply with all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the “C-1” Neighborhood Commercial District uses and regulations with the following exceptions: 1) The floor area of the restaurant operation shall not exceed 2,500 square feet. 2) Front Yard shall be no less than 10 feet from the right-of-way of S. White Chapel Boulevard as it is indicated on the site plan made a part of this ordinance. 3) Bufferyards shall not be required. 4) No building articulation shall be required. 5) The screening requirements of Ordinance 480, Section 39.4.b. (Screening required where a non- residential use abuts a residentially zoned property or property having an occupied residential having a residential zoning designation) shall not apply. 6) Any existing non-conforming conditions not specifically addressed by the this “S-P-1” zoning district shall be permitted to remain under the conditions prescribed in Ordinance No. 480, Section 6, as amended, “Non-conforming Uses”. Case No. Attachment C ZA03-099 Page 4 SITE PLAN REVIEW SUMMARY Case No.: ZA03-099 Review No.: Two Date of Review: 04/02/04 Project Name: Site Plan for S-P-1 zoning – Proposed Lot 13 Hiram Granberry No. 899 Addition 530 S. White Chapel Boulevard (Feed Store BBQ) APPLICANT: SURVEYOR: William Lafaver Waymon Ward Phone: (817) 481-3491 Phone: (817) 281-5411 Fax: Fax: (817) 838-7093 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 3/22/04 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-2073. The applicant requests approval of the following Uses and Regulations under the “S-P-1” zoning district: This site shall comply with all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the “C-1” Neighborhood Commercial District uses and regulations with the following exceptions: 1) The floor area of the restaurant operation shall not exceed 2,500 square feet. 2) Front Yard shall be no less than 10 feet from the right-of-way of S. White Chapel Boulevard as it is indicated on the site plan made a part of this ordinance. 3) Bufferyards shall not be required. 4) No building articulation shall be required. 5) The screening requirements of Ordinance 480, Section 39.4.b. (Screening required where a non-residential use abuts a residentially zoned property or property having an occupied residential having a residential zoning designation) shall not apply. 1. Show and label the existing roadway, the width and type of surface material and the height and type of fences along the outer perimeter of the property 2. Show and label all properties within 200’ of this boundary with the name, zoning and land use designation. 3 properties to the north are missing. Case No. Attachment D ZA03-099 Page 1 3. Include or change the following items in the site data summary: a. Floor Area (Area measured within the interior walls excluding any mechanical rooms) Total – 2189 sq. ft. Restaurant Use - 2026 sq. ft. Office Use - 163 sq. ft. b. Change the impervious coverage and open space calculations to be based on net lot area. The impervious coverage percentage of the net lot area is approximately 62% and the open space is approximately 38%. Case No. Attachment D ZA03-099 Page 2 Surrounding Property Owners Feedstore BBQ Owner Zoning Land Use Acreage 1. Lafavers, William E AG Medium Density Residential 4.836 2. Reutlinger, Richard A C-2 Medium Density Residential 15.236 3. Herron, Lenora K AG Medium Density Residential 1.927 4. Lafavers, William E AG Medium Density Residential 0.709 5. McLemore, Mark T Etux Capri SF-1A Low Density Residential 4.209 6. Anderson, Wilfred E & Veronika SF-1A Low Density Residential 3.039 7. Kuelbs, John A & Tyler Kuelbs RE Low Density Residential 5.481 8. Lafavers, William E C-1 Medium Density Residential 0.164 Case No. Attachment E ZA03-099 Page 1 Surrounding Property Owner Responses Feedstore BBQ Notices Sent: Eight (8) Responses: One (1) from outside the 200’ notification area:  Justin Mecklenburg, Chairman of the Board, 2004, 1501 Corporate Circle, Suite 100, Southlake, Texas 76092; Support. See attached letter received 3-18-04. Case No. Attachment F ZA03-099 Page 1 Case No. Attachment F ZA 03-099 Page 2