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
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Vicinity Map
ristina's Fine Mexican Restaurant
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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
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Case No. Attachment C
ZA07-054 Page 1
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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