Item 6D
Department of Planning & Development Services
S T A F F R E P O R T
October 1, 2008
ZA08-082
CASE NO:
Specific Use Permit for Chick-fil-A (Commercial Accessory Building)
PROJECT:
REQUEST: Chick-fil-A is requesting approval of a Specific Use Permit for a commercial accessory
building at their existing restaurant at the southeast corner of E. Southlake Boulevard
and S. Kimball Avenue. The proposed accessory building is intended to be used for
storage purposes.
No variances are being requested with this Specific Use Permit and associated Site
Plan request.
On February 14, 2008, the Zoning Board of Adjustment approved (4-0) a variance to
allow an accessory building having a permanent foundation within 5 feet of the
property line subject to roof and masonry materials matching the existing Chic-fil-a
building (ZBA-537). The Zoning Ordinance (as amended by Ordinance No. 480-VVV)
requires a minimum 10-foot setback for commercial accessory buildings.
1. Conduct a public hearing
ACTION NEEDED:
2. Consider Specific Use Permit approval
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information (Link to PowerPoint)
(D) Revised Site Plan Review Summary No. 1, dated October 1, 2008
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Resolution No. 08-051
for Commission and Council Members Only
(H) Full Size Plans ()
STAFF CONTACT: Ken Baker (817)748-8067
Clayton Comstock (817)748-8269
Case No.
ZA08-082
BACKGROUND INFORMATION
OWNER/APPLICANT: Chick-fil-A
PROPERTY SITUATION: 2301 E. Southlake Boulevard
LEGAL DESCRIPTION: Lot 4, Block 1, Perry/Allen Addition
LAND USE CATEGORY: Retail Commercial
CURRENT ZONING: C-3 General Commercial District
HISTORY: On November 2, 1999, City Council approved (7-0) the existing Site
Plan, denying the request for an accessory building. (ZA99-087)
On February 14, 2008, the Zoning Board of Adjustment approved (4-0)
a variance to allow an accessory building having a permanent
foundation within 5 feet of the property line subject to roof and masonry
materials matching the existing Chic-fil-a building (ZBA-537). The
Zoning Ordinance requires a minimum 10-foot setback for accessory
buildings having a permanent foundation and allows up to a 5-foot
setback for accessory buildings on a non-permanent foundation.
PATHWAYS
MASTER PLAN: No sidewalk currently exists on this southeast corner of Southlake Blvd.
and Kimball Ave. With this application’s Site Plan, Chic-fil-A is
proposing to install a 5-foot concrete sidewalk and necessary retaining
walls along the entirety of their street frontage.
P&Z ACTION: September 18, 2008; Approved (6-1) subject to Site Plan Review
Summary No. 1, dated September 12, 2008.
STAFF COMMENTS: Attached is Revised Site Plan Review Summary No. 1, dated
October 1, 2008.
N:\Community Development\MEMO\2007cases\07-123RSP.doc
Case No. Attachment A
ZA08-082 Page 1
Case No. Attachment B
ZA08-082 Page 1
LINK TO POWERPOINT PRESENTATION FOR THIS ITEM
Case No. Attachment C
ZA08-082 Page 1
SITE PLAN
Case No. Attachment C
ZA08-082 Page 2
ELEVATIONS
Case No. Attachment C
ZA08-082 Page 3
SITE PLAN REVIEW SUMMARY
ZA08-082One (Revised)10/01/08
Case No.: Review No.: Date of Review:
Revised Site Plan – Chic-fil-A
Project Name:
OWNER/APPLICANT: ARCHITECT:
Chic-fil-A – Eric Chupik Danny J. Tosh
5200 Buffington Rd 16051 Addison Rd; Suite 206
Atlanta, GA 30345 Addison, TX 75001
P: (404)765-8000 P: (972)991-4475
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/03/08 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 CLAYTON COMSTOCK AT (817)748-8269.
1. 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).
2. Clarify on the site plan the nature of the bold-lined box just east of the proposed
accessory building.
3. 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.
47
4. Revise “Required Parking” to , as there are 140 seats in the restaurant.
5. 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.
6. Four additional shrubs are required to meet interior landscape requirements.
7. Applicant will need to obtain all necessary permits from TXDOT for grading work and
sidewalk installation along FM 1709, a TxDOT roadway.
8. Provide a detailed inset on the site plan showing location details of proposed accessory
building
9. 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.
* The required width of all new sidewalks on this property is 5’.
Case No. Attachment D
ZA08-082 Page 1
* A fully corrected plan that includes all associated support plans/documents and
conditions of approval is required before any ordinance or zoning verification letter
publication or before acceptance of any other associated plans for review. Plans and
documents must be reviewed and stamped “approved” by the Planning Department.
* All development must comply with the City’s Drainage Ordinance No. 605 and detain
all post development run-off.
65 or 75
* It appears that this property lies within the LDN D/FW Regional Airport Overlay
Zone and will require construction standards that meet requirements of the Airport
Compatible Land Use Zoning Ordinance No. 479.
* Denotes Informational Comment
Case No. Attachment D
ZA08-082 Page 2
Surrounding Property Owners
Chick-fil-A
SPO Owner Zoning Land Use Acreage
#
1. Retail Commercial
Marshall Descendants 2006 Trst C3 0.923
2. Retail Commercial
Lowe's Home Centers Inc C3 14.821
3. Retail Commercial
Cangelosi, Frank & Nancy C2 1.881
4. Retail Commercial
Coz, Llc C3 0.804
5. Retail Commercial
2315 E Southlake Center Llc C3 1.721
6. Retail Commercial
Southlake Kimball Venture Ltd C3 0.797
7. Retail Commercial
Chick-Fil-A Inc C3 1.139
8. Retail Commercial
Church Of Christ Our King CS 2.978
9. Retail Commercial Office
Commercial
Teeter, Robert W Etux Pam Etal AG 2.139
Case No. Attachment E
ZA08-082 Page 1
Surrounding Property Owner Responses
Chick-fil -A
Notices Sent:
Nine (9)
Responses Received:
Two (2)
1) Lowe’s Home Centers Inc.,
Notification
PO Box 1111, North Wilkesboro, NC; Submitted a
In Favor Of
Response Form
stating on September 11, 2008 (attached).
2) 2315 E. Southlake Center LLC,
Notification
9322 Stockton Rd., Moorpark, CA 93021Submitted a
Opposed To
Response Form
stating on September 12, 2008 (attached).
Case No. Attachment F
ZA08-082 Page 1
Case No. Attachment F
ZA08-082 Page 2
Case No. Attachment F
ZA08-082 Page 3
RESOLUTION NO. 08-051
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
Case No. Attachment G
ZA08-010 Page 1
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, 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:
SECTION 2.
This resolution shall become effective on the date of approval by the City Council.
PASSED AND APPROVED THIS ____TH DAY OF ___________, 2008.
CITY OF SOUTHLAKE
By: _________________________________
Andy Wambsganss, Mayor
ATTEST:
_________________________________
Lori Farwell, TRMC
City Secretary
Case No. Attachment G
ZA08-010 Page 2
EXHIBIT “A”
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:
Case No. Attachment G
ZA08-010 Page 3
EXHIBIT “B”
SITE PLAN
Case No. Attachment G
ZA08-010 Page 4
ELEVATIONS
Case No. Attachment G
ZA08-010 Page 5
Case No. Attachment G
ZA08-010 Page 6