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Item 7PCity of Southlake Department of Planning STAFF REPORT September 13, 2006 CASE NO ZA06 -140 P ROJECT: Specific Use Permit for the Sale of Alcoholic Beverages at Planet Burrito REQUEST: Planet Burrito is requesting approval of a specific use permit for the sale of alcoholic beverages at their new restaurant located at 260 N. Kimball Avenue, Suite 262 in the Southlake Corners shopping center. The term of the lease is for 10 years, or until February of 2017. ACTION NEEDED: 1. Conduct public hearing 2. Consider specific use permit approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Surrounding Property Owners Map (E) Surrounding Property Owners Responses (F) Resolution No. 06 -061 STAFF CONTACT: Ken Baker (748 -8067) Ben Bryner (748 -8602) Case No. ZA 06 -140 BACKGROUND INFORMATION OWNER: Campbell Restaurant Group, L.P. APPLICANT: Planet Burrito Restaurant PROPERTY SITUATION: 260 N. Kimball Avenue, Suite 262 LEGAL DESCRIPTION: A portion of Lot 2A, Block 1, Farrar Addition LAND USE CATEGORY: Retail Commercial CURRENT ZONING: "C -3" General Commercial District P &Z ACTION: September 7, 2006; Approved (7 -0) subject to the terms of the lease. STAFF COMMENTS: Due to the limited scope of this request and that no changes are proposed to the approved site plan, no plan review summary is provided. A site plan exhibit showing the specific location of this request is included as Attachment `C' of this report. N:'Commnuuiity Development, MEMO 2006case5`,06- 140SUP.doc Case No. Attachment A ZA 06 -140 Page 1 Vici Map Planet Burrito Restaurant Bouthlake Garners NORTHVVESTPI VVy EAST Z � x F ' at� 1000 0 1000 2000 3000 Feet iiiiiiwwmmmmmm T\1 NV Case No. Attachment B ZA 06 -140 Page 1 o � c O 0 1� b � va ,� I � I I �'�w LVICIMw I w T. 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W2001 Wal Real Estate Ltd Prt C -3 Regional Retail 16.509 2. Greenway- 1709/Eleven 11, Lp S -P -2 Retail Commercial 1.914 3. Gateway Church CS Office Commercial 13.675 4. McDonald's Corporation C -3 Regional Retail 1.033 5. Dn Kingston Southlake LP C -3 Regional Retail 0.656 6. Dn Kingston Southlake LP C -3 Regional Retail 1.113 7. Stagliano, Vincent J C -3 Regional Retail 0.123 8. Church of Christ Our King CS Retail Commercial 2.188 9. Southlake Plaza 11 Ltd Prtn B -1 Retail Commercial 0.903 10. Southlake Plaza 11 Ltd Prtn B -1 Retail Commercial 0.904 11. Eqyinvest Owner II Ltd Prtn C -3 Town Center 13.078 12. Southlake Plaza 11 Ltd Prtn B -1 Retail Commercial 8.553 13. Greenway- 1709/Eleven Partners S -P -2 / B -1 Retail Commercial 11.219 Case No. Attachment D ZA 06 -140 Page 1 Surrounding Property Owner Responses Planet Burrito Restaurant Notices Sent: Thirteen (13) Responses Received: None (0) Case No. ZA06 -140 Attachment E Page 1 RESOLUTION NO. 06 -061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 260 N. KIMBALL AVENUE, SUITE 262, BEING LEGALLY DESCRIBED AS A PORTION OF LOT 2A, BLOCK 1, FARRAR ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for the sale of alcoholic beverages 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 (1) and 45.6 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 the sale of alcoholic beverages on the property located at 260 N. Kimball Avenue, Suite 262, being legally described as a portion of Lot 2A, Block 1, Farrar Addition, an addition to the City of Southlake, Tarrant County, Texas, as recorded in Cabinet `A', Slide 1975, Plat Records, Tarrant County, Texas, more fully and completely described in Exhibit "A ", and as depicted on the approved site plan 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 Case No. Attachment F ZA06 -140 Page 1 following specific requirements and special conditions, if any, shall be applicable to the granting ofthis Specific Use Permit: 1. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF , 2006. CITY OF SOUTHLAKE ATTEST: Lori Farwell, TRMC City Secretary Case No. ZA06 -140 II Andy Wambsganss, Mayor Attachment F Page 2 EXHIBIT "A" Being property located at 260 N. Kimball Avenue, Suite 262, being legally described as a portion of Lot 2A, Block 1, Farrar Addition, an addition to the City of Southlake, Tarrant County, Texas, as recorded in Cabinet `A', Slide 1975, Plat Records, Tarrant County, Texas. Case No. ZA06 -140 Attachment F Page 3 o ~' o 0 O IN 1"r 1"r b � va ,� I al o I I i!I Ilj mlI I STATE R HIGHWAY 374 178 .._. r40t7 SF I unavhw,s Tumrm,s �, w1 i1 i ti VM a RETAIL U Ir, ry 1- _— ------ 2� 7'� - - l -- - -- 238• - - -- — i 12E` -- 1 392" y1.. ------- - - - - -- 3Po_TI- LCAKEBLVD LF7W 7 - - - - - "� � eRE PINl.� S]{E OATA 6UA1MAflV CHANT me�vwvf7 P JNBTNU B UMUMY CNAAT ZA05 AECiD „J t_ I i ?;I 15 .. P , AH -- M i.OPf,FM F,� J .E i_! L y i � �Tl EXHIBIT A- I PATIO LOCATION AiAimwu OWMAlle M PDW M!r war AND El LL )OtD TO MMrT ALL FROLOWD 6CMES Mh Case No. ZA06-140 PLANET BURRITO PROPOSED PATIO LOCATION BOUTHLAME GORW-FIS m l� B " Attachment F Page 5