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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