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Item 7BCASE NO City of Southlake Department of Planning & Development Services ZA07-054 STAFF REPORT July 11, 2007 PROJECT: Zoning Change and Site Plan for Cristina's Fine Mexican Restaurant REQUEST: On behalf of Shafer Plaza XXV Ltd., Artis L.P. is requesting approval of a zoning change and site plan. The purpose of this request is to add a roof and fire place to the existing patio and outdoor seating area on the north side of the building adjacent to E. Southlake Boulevard. Because of the roof addition and its encroachment into the existing 50' building setback line, a revision to the "S-P-2" zoning and site plan is needed. The property will conform to the existing "S-P-2" zoning district uses and development regulations (Ordinance No. 480-386, as amended) except as follows: 1) The building setback along E. Southlake Boulevard for Building `B" shall be 34 feet as shown on the site plan; 2) Up to a 10% reduction in required parking shall be permitted. The purpose of this request is to allow flexibility as uses change in the center. Based on the current uses including this restaurant 264 parking spaces are required and 270 spaces are available. 3) Sidewalks and trails are not required with this site plan revision; ACTION NEEDED: Consider first reading for a zoning change and site plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Revised Site Plan Review Summary No. 2, dated July 11, 2007 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 386b (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748-8067) Dennis Killough (748-8072) Case No. ZA07-054 BACKGROUND INFORMATION OWNER: Shafer Plaza XXV Ltd. APPLICANT: Artis L.P. PROPERTY SITUATION: 2707 E. Southlake Blvd. LEGAL DESCRIPTION: Lot 1, Block A, Shafer Plaza XXV Addition LAND USE CATEGORY: Retail Commercial CURRENT ZONING: "S-P-2" Generalized Site Plan District REQUESTED ZONING: "S-P-2" Generalized Site Plan District HISTORY: An "S-P-2" zoning request and a concept plan with approximately 21,400 square feet of restaurant development and 51,140 square feet of retail space was approved by City Council on March 6, 2001. COMPREHENSIVE PLAN RECOMMENDATIONS: A Preliminary Plat for this site was approved by City Council on February 20, 2001. The "S-P-2" zoning was revised to increase the net retail floor area by 7,000 square feet February 12, 2002. The "S-P-2" zoning was modified by separating the eastern lot (Lot 3, Block 1, Cornerstone Plaza) east of the of the drainage channel into a new "S-P-2" district July 15, 2003. The building configuration and floor area were changed with the new district. Consolidated Land Use Plan Recommendations The underlying land use designation is Retail Commercial and the proposed use is consistent with this designation. Mobility & Master Thoroughfare Plan Recommendations A 5 foot (minimum) sidewalk is required on the south side of Soutlilake Boulevard per the Zoning Ordinance Section 33.19. Southlake Pathways Plan Recommendations A 6 foot sidewalk is required on the east side of Nolen per the Southlake Pathways Plan P&Z ACTION: July 5, 2007; Approved (5-0) subject to staff report and Site Plan Review Summary No. 2, dated June 29, 2007; denying variance request to exclude Case No. Attachment A ZA07-054 Page 1 sidewalks; granting parking and setback variance requests. STAFF COMMENTS: Revised Site Plan Review Summary No. 2 dated July 11, 2007 is attached. The existing zoning on the property is as follows: Development Regulations Development Regulations shall comply with the Comprehensive Zoning Ordinance No. 480, as amended, and the "C-3" zoning district with the following exceptions: a. The impervious coverage required by "C-3" regulations is 75%. The applicant proposes a maximum for each lot of 78.5%, provided that the overall impervious coverage does not exceed 77%. b. Bufferyards: 1) No bufferyard required along lot lines internal to the site. 2) A 5'- type `A' bufferyard along the south property line of Lot 1, instead of a 10' `F-1' bufferyard since residential development is prohibited to the south by the City's Airport Compatible Land Use Ordinance No. 479. C. No screening of the loading area from the south property line. since residential development is prohibited to the south by the City's Airport Compatible Land Use Ordinance No. 479. Permitted uses Permitted uses are to include all "C-3" district uses with the exception of the following deletions: a. Auditoriums, theaters and cinemas; b. Conventional golf courses, including outdoor driving ranges accessory thereto; C. Lodges, sororities and/or fraternities; d. Mortuaries, funeral homes and undertakers; e. Retail Stores with a primary product lines including automotive tires and/or automotive batteries, automotive accessories (not to delete automotive electronic components) and service stations; f. Drive -through fast-food establishments. N:\Community Development\MEMO\2007cases\07-054ZSP.doc Case No. Attachment A ZA07-054 Page 1 2435 2535 � 2445 545 2495 Vicinity Map ristina's Fine Mexican Restaurant �66 2911 2921 2951 r 01 2915 N41 2714 2910 960 3B`2940 2950 2900 2920 2924 2810 2 � �� 2727 27 2777 \ o e ZA07-054 E��Q 2870 2gg PIIBIm-FI-I D- �-OT54 ry 400 0 400 800 1200 Feet Page 1 Cover Letter & Zoning Request 0 C ri s ti n a's FINE MEXICAN RESTAURANT To whom it may concern: Cristina's Mexican Restaurant is proposing the following changes to 2707 South Lake Blvd (FM 1709) #125 • Add patio cover to existing patio (roof) • The intent for roof cover is to create new fresh appearance to shopping center • New roof and exterior fire place to help improve appearance and viability of our business, this existing suite has had two other tenants prior to our occupancy and we feel without this improvement it could create A hardship to our business on the past failure of other tenants, with the cover add to patio and fireplace this would create a new look to center and give us a better presentation • We have already submitted plans for new finish out, we have completely demolished the interior of suite and increased square footage for restaurant are investment in this project is estimated at over $650,000 dollars from start to finish • We strongly feel this exterior although minor change to our suite will help the viability of our business. • The patio use will continue to only be seasonal based on weather conditions • Please see picture of proposed change • The request we are making is the approval of adjusting the setback that currently exist in order to add the patio roof cover. The setback request is to extend the setback to set over the current patio floor that exist currently. Please call me if you have any questions regarding this matter Thank you for helping make our business successful David Brian Cristina's Mexican Restaurant Director of Operations 214-926-1979 297 W, Found Grove Rd. Ste, 125 ® Lewisville, TX 75067 G Tel 972-315-8859 a Fox. 972-315-8833 Z A 0 7- 0 5$ APR 3 0 2007 Case No. Attachment C ZA07-054 Page 1 Cover Letter & Zoning Request\ l June 25, 2007 Mr, Dennis Killough City of Southlake Southlake, Texas Re: Case No, ZA07-054 Cristina's Mexican Restaurant 2707 E Southlake Southlake, Texas Dear Mr, Killough, This letter is intended to be included with the rezoning submittal as narrative explaination of the proposed changes for the above referenced project zoning case. The purpose for the zoning request is to allow an open air covered patio along the East Southlake Boulevard side of the property that would be attached to the existing retail structure building A1. In order to accommodate the proposed patio addition a revision to the existing building set back line must take place. The existing building setback line is currently set at 50 feet from East Southlake Boulevard. The proposed new building setback line is to be 34 feet from East Southlake Boulevard, Additionally, the attached site plan indicates the revised parking reduction of 15% which would appear to conform to the parking regulations If you have additional questions please feel free to contact me. Sincerely, ew 01', Brian P. Yingling CC: File Yingling Architects, Inc. 903 E, 18" Street#217 Plano, Texas 75074 (972) 578-8900 ZA0i- 054 JUN 252007 Case No. Attachment C ZA07-054 Page 1 Site Plan T-p Min" Z� Case No. Attachment C ZA07-054 Page 1 `c z Site Plan i f - a �-; r r fi Y - I- �.A� s� .I ICJ ,.o a Cristina's Fine Mexican Restaurant 2707 E. Southlake Blvd a �8 SOUTHLAKE,TEXAS Case No. Attachment C ZA07-054 Page 1 Elevations Cristina's Fine Mexican Restaurant 2707E.Sou* lake Blvd SOUTHLAkE, TEXAS Case No. Attachment C ZA07-054 Page 1 PLAN REVIEW SUMMARY Case No: ZA07-054 Revised Review No.: Two Date of Review: 7/11/07 Project: Cristina's Fine Mexican Restaurant Application Type: Zoning Change and Site Plan Contact: Dennis Killough Phone: (817) 748-8072 Email:dkillough@ci.southlake.tx.us Plan reviewed received June 25, 2007. 1. The current sidewalk and master pathways regulations require sidewalks and/or trails along the street frontages of all non-residential developments. Provide a minimum 6' wide trail along E. Southlake Boulevard and a minimum 5' sidewalk along S. Nolen.(Variance Requested) 2. Standing seam metal roofs must have a non-metallic factory applied matte finsih. Label the plan accordingly and include the color. Add the total floor area by use (i.e. retail, restaurant, etc.) into the site data summary. This is different from "building area" which represents the area consumed by the footprint of the building. 4. Change the zoning letter to show a 10% reduction in parking. 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. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. It appears that this property lies within the 75 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. Case No. ZA07-054 Attachment D Page 1 Surrounding Property Owners Cristina's Fine Mexican Restaurant 1 4 3 2 10 5 9 11 6 8 7 12 sPo # I Owner � Zoning � Land Use � Acreage 1. Wyndham Properties Ltd SP2 0.976 2. Wyndham Properties Ltd SP2 3.243 3. Wyndham Properties Ltd SP2 0.959 4. Kimco Canyon Southlake Lp SP2 1.032 5. Shafer Plaza Xxv Ltd SP2 5.755 6. Williams, Roger Glenn SP2 1.563 7. S-Si Southlake Two Lp SP2 2.525 8. Harbor Town Partners Lp SP2 2.728 9. Fgg Cornerstone Plaza 5 Etal SP2 3.608 10. Shanklin, Harold Est & Richard AG 5.916 11. Williams, Roger Glenn AG 3.606 12. White, E C Etux Zada AG 16.073 Case No. ZA07-054 Attachment E Page 1 Surrounding Property Owner Responses Cristina's Fine Mexican Restaurant Notices Sent: Twelve (12). Responses Receive: Zero (0). Case No. ZA07-054 Attachment F Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-386b AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS;LOT 1,BLOCK A, SHAFER PLAZA XXV ADDITION AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "C-3" GENERAL COMMERCIAL DISTRICT USES TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "C-3" GENERAL COMMERCIAL DISTRICT USES, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and Case No. Attachment F ZA07-054 Page 1 WHEREAS, the hereinafter described property is currently zoned as "S-P-2" Generalized Site Plan with "C-3" General Commercial uses under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and 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 loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use ofthe land throughout this City; and, Case No. Attachment F ZA07-054 Page 1 WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and 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 Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning 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 tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and Case No. Attachment F ZA07-054 Page 1 amended as shown and described below: Lot 1, Block A, Shafer Plaza XXV and more fully and completely described in Exhibit "A" from "S-P-2" Generalized Site Plan District with "C-3" General Commercial District uses to "S-P-2" Generalized Site Plan District with "C-3" General Commercial District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit `B"; SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. 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 Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. 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 the 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 provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing 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 Case No. Attachment F ZA07-054 Page 1 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 Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances 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 ifthe validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Case No. Attachment F ZA07-054 Page 1 SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if thus ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 2007 MAYOR ATTEST: ACTING CITY SECRETARY PASSED AND APPROVED on the 2nd reading the Case No. ZA07-054 day of , 2007 Attachment F Page 1 MAYOR ATTEST: ACTING CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA07-054 Attachment F Page 1 EXHIBIT "A" Lot 1, Block A, Shafer Plaza XXV Addition, an addition to the City of Southlake, Tarrant County, Texas according to the plat recorded in Cabinet A, Slide7972, Plat Records, Tarrant County, Texas. Case No. ZA07-054 Attachment F Page 1 EXHIBIT "B" ILI V