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Item 8ACity of Southlake Department of Planning STAFF REPORT April 14, 2004 CASE NO ZA03 -099 PROJECT: Feedstore BBQ REQUEST: William Lafavers is requesting approval of a zoning change with site plan. ACTION NEEDED: 1. Conduct public hearing 2. Consider zoning change with site plan approval ATTACHMENTS: (A) (B) (C) (D) (E) (F) (G) (H) Background Information Vicinity Map Plans and Support Information Site Plan Review Summary Surrounding Property Owners Map Surrounding Property Owners Responses Ordinance No. 480 -435 Full Size Plans (1br Commissvion and Council Members Only) STAFF CONTACT: Dennis Killough (481 -2073) Bruce Payne (481 -2036) Case No. ZA03 -099 BACKGROUND INFORMATION OWNER/APPLICANT: William Lafavers PURPOSE: The purpose of this request is to receive approval of a zoning change and site plan in order to bring an existing restaurant and its area under use into compliance with current zoning regulations. PROPERTY SITUATION: 530 S. White Chapel Boulevard, Southlake, Texas LEGAL DESCRIPTION: Tract 4D and a portion of Tract 1F, H. Granberry No. 581 Addition LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: "C -1" Neighborhood Commercial District & "AG" Agricultural District REQUESTED ZONING: "S -P -1" Detailed Site Plan District HISTORY: According to the Tarrant Appraisal District records, this property has been operated for commercial purposes since 1950. The business was originally opened and operated as a grocery store and gasoline station by Earl W. Bailey. The property was annexed into the city by Ordinance No. 47, December 29, 1956. It is presumed, based upon available information, that the property was placed within the Agricultural (AG) zoning district with the adoption of the city's first zoning ordinance (Ord. 161, adopted January 7, 1969). The grocery store and gas station continued to operate as non - conforming uses as provided for in Section V of Ord. 161. William and Reba Miller purchased the property in March of 1972 and continued to operate the grocery store and gasoline station. The property was sold to Dee Curry in August 1983 and began operating as Dee's Hitchin' Post. Feed and tack sales were added to the existing grocery and gasoline sales. A change of zoning request from "AG" Agricultural to "L" Light Commercial was approved by the City Council as Ordinance No. 261 -67 on April 3, 1984, under the provisions of the city's zoning ordinance 261 (Ord. 261 was adopted on March 3, 1981, superseding Ord. 161). It appears that the change of zoning request was made in order to add approximately 330 square feet to the south end of the building. The "L" district specifically permitted grocery stores, gasoline service stations, hardware stores and feed and seed stores (retail only). Case No. Attachment A ZA03 -099 Page 1 The property was bought by Roger and Charlotte Lemieux in March of 1986 and began operating as Southlake Feed and Tack. Concurrent with the name change of the business, it is believed that the primary use of the property became feed and tack retail sales. A certificate of occupancy was issued to the new owners on March 12, 1986. On September 19, 1986, Zoning Ord. 261 was superseded by Zoning Ord. 334. Although an official zoning map corresponding to the newly adopted ordinance and zoning districts cannot be found at this time, it is presumed that "R1" Retail One zoning was placed upon the property with the adoption of the official zoning map given that this district closely corresponds with the former "L" Light Commercial zoning of the property. Under Ord. 334, feed and tack stores are not specifically listed in any district. However, the "R1" district contains general merchandise uses that include hardware stores, department, discount and variety stores. On September 20, 1989, Zoning Ord. 334 was superseded by Zoning Ord. 480, which is the current Southlake zoning ordinance. With the adoption of Ord. 480 and the corresponding zoning district map, "C -1" Local Retail Commercial zoning was placed upon the property. The feed and tack retail sales use became non - conforming under the "C -1" zoning district. Section 6 of Ord. 480 allows for the continuance of such legally established non- conforming uses until such time as the use is discontinued. The subject property was sold to William Lafavers in September of 1997. The store continued to operate as Southlake Feed and Tack until October of 2000. A permit was issued in October of 2000 to allow repair and remodeling for a restaurant having approximately 1,900 square feet. A certificate of occupancy was issued in April of 2001 and the establishment was renamed Feedstore BBQ Restaurant. The conversion to a restaurant eliminated the non- conforming use status due to restaurants being a permitted use within the "C- F district (limited to 2,000 sq. ft. of floor area). In October, 2001, the pre- existing covered outdoor porch at the rear of the building was fully enclosed to provide additional climate controlled restaurant seating area. The completion of the enclosure amounted to the installation of Plexiglas windows between the pre- existing porch half -wall /railing and the roof. Also in October, 2001, Mr. Gary Hargett, a resident at 1111 S. White Chapel Blvd, lodged a zoning complaint with code enforcement regarding the establishment of a restaurant at 530 S. White Chapel Blvd. (Feedstore BBQ), claiming that it was an illegal use. Mr. Hargett also alleged that a flea market was being operated on the site and questioned the legality of the off - street parking arrangement on the site. Code enforcement investigated the complaint, and after obtaining confirmation from the city planning department, reported back to Mr. Hargett that the restaurant use was authorized under the "C -1" zoning district, there was no violation of the city's off - street parking requirements, and that there was no flea market operating on the site. Case No. Attachment A ZA03 -099 Page 2 In April of 2002, a building permit for a BBQ smoker was issued and approved, and between June and August of 2003, permits for A/C units and a walk -in cooler were issued and approved. A specific use permit for sale of alcoholic beverages was approved by the City Council by Resolution No. 03 -35 on May 20, 2003 with a ten (10) year time limit. As supporting information, a site exhibit showing the existing on -site improvements was submitted to satisfy the concept plan requirement of section 45.2, Ord. 480. In August, 2003 Mr. Hargett made a second zoning complaint relating to the Feedstore BBQ alleging that there had been an illegal expansion of the restaurant via the addition of a refrigeration unit to the back of the restaurant. Code enforcement responded to the complaint by examining the subject refrigeration unit. They determined that a valid building permit had been issued for the refrigeration unit and that there was no code violation. In October, 2003, the city received a letter from Mr. Hargett's attorney, John R. Lively, claiming the following zoning violations existed on the property: 1) Restaurant exceeds the maximum floor area permitted for a restaurant in the "C -1 "district which is 2,000 square feet; 2) A refrigerated trailer was added without a permit and that this trailer adds floor area to the building according to the Zoning Ordinance; 3) A metal storage container has been placed on the property and is outside of the "C -1" zoned boundary; 4) A trailer advertising the restaurant is illegally stored on the property. Given the repeated claims pertaining to potential zoning violations on the property, city staff engaged in a detailed review of the property to determine what, if any, actual zoning violations might exist. Zoning Issues Identified: After carefully reviewing the history of this property, the following conditions appear to be in violation of the Zoning Ordinance No. 480, as amended: Condition Current Regulation Actual 1) Max. Floor Area 2,000 sq. ft. ± 2,400 sq. ft. The maximum floor area permitted for a restaurant in the C -1 zoning district Case No. Attachment A ZA03 -099 Page 3 is minimum floor area for a separate building is 2,000 square feet. The floor area according to the building permit issued for the restaurant conversion was approximately 1,900 square feet. The additional floor area is due to Plexiglas being added to the half wall around the patio area. Please note that definition of floor area according the Zoning Ordinance No. 480, as amended, is as follows: The total (net) usable square footage of floor space within the interior wall of a building or room including each floor level, but excluding cellars, mechanical rooms, attics, carports or garages that are not designed for residential or business occupancy. 2) The walk -in cooler, the metal storage container and a portion of the outdoor dining area extend beyond the existing "C -1" zoning district boundary and encroach into the adjoining "AG" agricultural property. The walk -in cooler and the metal storage container appear to be in direct support ofthe "C -1" use and not the "AG" use, which has been confirmed by the applicant. Although these structures are attached to and support the restaurant function, they do not qualify as floor area per the definition provided in the zoning ordinance. In viewing available aerial photos of the property as far back as 1994, there is visible evidence that commercial use of the property extended beyond the commercial zoning boundary established by the zoning change in Ordinance No. 261 -67. The encroachment of the commercial use beyond the established zoning boundary appears be a condition inherited and continued by the current owner. All other conditions that may be considered non - conforming with the Zoning Ordinance No. 480, as amended, are permitted to remain under the provisions Section 6, "non- conforming uses." P &Z ACTION: April 8, 2004; Approved (4 -0) subject to Site Plan Review Summary No. 2, dated April 2, 2004, with the following changes and additions: Requiring the applicant to meet the screening requirements of our zoning ordinance specifically requiring 8 foot wax myrtles around the perimeter of the property and 8 foot wooden screening around any of the storage / trash receptacles. Limiting the floor area of the building to 2800 square feet. Limiting the parking to 40 spaces as shown by eliminating the three parking spaces adjacent to White Chapel Boulevard on the northern portion of the property. Accepting the applicant's agreement to immediately pave the back of the property. Limiting the impervious coverage on the site to 62 %. Restricting the use to a restaurant only. Noting for the public record that the applicant has agreed to limit his regular hours of operation to 10 p.m. and the total percentage of alcohol sold to 20 %. STAFF COMMENTS: A site plan showing the existing improvements and proposed zoning boundary, photographs showing the existing building elevations and proposed Case No. ZA03 -099 Attachment A Page 4 "S -P -l" zoning district uses and regulations are included as Attachment `C' and `G' of this report. Site Plan Review No. 2, dated April 2, 2004 is included as attachment `D' of this report. M \Community Development \WP - FILES \MEMO \2003cases \03- 099ZSP.doc Case No. ZA03 -099 Attachment A Page 1 Vicinity Map Feedstore BBQ W Case No. ZA03 -099 Attachment B Page 1 o 0 c l"r n b � (TQ � SCALE I" = 16013 C -1 WILLIAM E. LAFAVERS S -P -1 with limited C -1 uses YOL. 8002. FG. 2321 RES. 1.422 AC ZONED AG MEDNIM DENSITY RESIDENTIAL Existing Centerline of Pavement 1.123 AC 48,935 Sq. FL. 0.298 AC 12,997 Sq. Ft. 4.24% 3 9�Y2 "9B'E 135.2fi' N 8642'3 G S765a 65.97% 40,858 sq. Ft. 70,217 SITE ATA - LOT 13 29.79% .� WEST LINE OF LOT 11 EXISTING TONING: M..., nnvo / a ' (EXTENDED) PROPOSED ZONING: 132.04' A Aiio �" LAND USE DESIGNATION: N - �5';° GRASS LAND AREA: NET LAND AREA:. ¢; ° save AREA IN R -O.W ssy a I LOT 1 1 'ti HIRAM GRANBERRY DEDICATION: _ a No 581 ADDITION CAB . A. SLIDE s 328' ZO NED SP-1 �, 1 N 517E COVERAGE: BUILDING AREA: F , b LOW DENSITY RESIDENTIAL PAVEMENT AREA: a _ E TOTAL: OPEN AREA: SCALE: 1 40' 10' DRAINAGE. UTILITY. ND WALKWAY EASEMENT PARKING - LOT 13 RESTAURANT: 56 g' � SEATING FOR 60 PEOPLE: s se•aaros —A. t ~- LOT 11 Q LOT 12 � HIRAM CRANBERRY a"� �_ a Ne. 581 ADDITION HHUM ORANBERRY CAB - A. SLIDE 5804 ZONED RE Na. 581 ADDITION yyIINED AG MEOEVM DENSITY RESIDENTIAL v, '�' LOW DENSITY RESIDENTIAL x� �x o SCALE I" = 16013 C -1 S -P -1 with limited C -1 uses MED. DENSITY RES. 1.422 AC 61,932 Sq. Ft. 1.123 AC 48,935 Sq. FL. 0.298 AC 12,997 Sq. Ft. 4.24% 2,623 Sq. Ft. 65.97% 40,858 sq. Ft. 70,217 43.481 Sq Ft. 29.79% 18,451 Sq. Ft- 20 SPACES REQUIRED 43 SPACES SHOWN OWNERS: WILLIAM E. 6AFAVERS 620 WHITE CHAPEL BLVD SOUTHLAKE, TX 76092 817 -481 -3491 SITE PLAN 530 S. WHITES CHAPEL BLVD. LOT 13 HIRAM GRANBERRY N. 581 ADDITION CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS RECD MAR 2 2 2004 MARD '�1° ity Case Number. ZA03 -099 H+ n Case No. Attachment C ZA03 -099 Page 2 Case No. Attachment C ZA03 -099 Page 3 Case No. ZA03 -099 Attachment C Page 4 Case No. Attachment C ZA03 -099 Page 5 Case No. Attachment C ZA03 -099 Page 6 "S -P -V Detailed Site Plan District for Feed Store Barbeque 530 S. White Chapel Boulevard This site shall comply with all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the "C -1" Neighborhood Commercial District uses and regulations with the following exceptions: 1) The floor area of the restaurant operation shall not exceed 2,800 square feet. 2) Front Yard shall be no less than 10 feet from the right -of -way of S. White Chapel Boulevard as it is indicated on the site plan made a part of this ordinance. 3) Bufferyards shall not be required. 4) No building articulation shall be required. 5) The screening requirements of Ordinance 480, Section 39.4.b. (Screening required where a non- residential use abuts a residentially zoned property or property having an occupied residential having a residential zoning designation) shall not apply. 6) Any existing non - conforming conditions not specifically addressed by the this "S -P -1" zoning district shall be permitted to remain under the conditions prescribed in Ordinance No. 480, Section 6, as amended, "Non- conforming Uses ". Case No. Attachment C ZA03 -099 Page 7 SITE PLAN REVIEW SUMMARY Case No.: ZA03 -099 Review No.: Two Date of Review: 04/02/04 Project Name: Site Plan for S -P -1 zoning — Proposed Lot 13 Hiram Granberry No. 899 Addition 530 S. White Chapel Boulevard (Feed Store BBQ) APPLICANT: William Lafaver Phone: (817) 481 -3491 Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 3/22/04 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 DENNIS KILLOUGH AT (817) 481 -2073. The applicant requests approval of the following Uses and Regulations under the "S -P -1" zoning district: This site shall comply with all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the "C -1" Neighborhood Commercial District uses and regulations with the following exceptions: 1) The floor area of the restaurant operation shall not exceed 2,800 square feet. 2) Front Yard shall be no less than 10 feet from the right -of -way of S. White Chapel Boulevard as it is indicated on the site plan made a part of this ordinance. 3) Bufferyards shall not be required. 4) No building articulation shall be required. 5) The screening requirements of Ordinance 480, Section 39.4.b. (Screening required where a non - residential use abuts a residentially zoned property or property having an occupied residential having a residential zoning designation) shall not apply. Show and label the existing roadway, the width and type of surface material and the height and type of fences along the outer perimeter of the property 2. Show and label all properties within 200' of this boundary with the name, zoning and land use designation. 3 properties to the north are missing. Case No. ZA03 -099 SURVEYOR: Wavmon Ward Phone: (817) 281 -5411 Fax: (817) 838 -7093 Attachment D Page 1 3. Include or change the following items in the site data summary: a. Floor Area (Area measured within the interior walls excluding any mechanical rooms) Total — 2416 sq. ft. Restaurant Use - 2253 sq. ft. Office Use - 163 sq. ft. b. Change the impervious coverage and open space calculations to be based on net lot area. The impervious coverage percentage of the net lot area is approximately 62% and the open space is approximately 38 %. Case No. ZA03 -099 Attachment D Page 2 Surrounding Property Owners Feedstore BBQ PV G�1r' Owner Zoning Land Use Acrea 1. Lafavers, William E AG Medium Density Residential 4.836 2. Reutlinger, Richard A C -2 Medium Density Residential 15.236 3. Herron, Lenora K AG Medium Density Residential 1.927 4. Lafavers, William E AG Medium Density Residential 0.709 5. McLemore, Mark T Etux Capri SF -lA Low Density Residential 4.209 6. Anderson, Wilfred E & Veronika SF -lA Low Density Residential 3.039 7. Kuelbs, John A & Tyler Kuelbs RE Low Density Residential 5.481 8. Lafavers, William E C -1 Medium Density Residential 0.164 Case No. Attachment E ZA03 -099 Page 1 Surrounding Property Owner Responses Feedstore BBQ Notices Sent: Eight (8) Responses: One (1) from outside the 200' notification area: • Justin Mecklenburg, Chairman of the Board, 2004, 1501 Corporate Circle, Suite 100, Southlake, Texas 76092; Support. See attached letter received 3- 18 -04. • Gary Hargett, 1111 S. White Chapel Boulevard, Southlake, Texas 76092; The attached letter with exhibits was received during the Planning and Zoning Commission meeting April 8, 2004. • The attached petition was received from Bill Lafavers, Applicant, during the Planning and Zoning Commission meeting April 8, 2004. The petition contains seventy (70) signatures in support with one (1) being within the 200' notification area. Case No. Attachment F ZA03 -099 Page 1 M S OUTHLAKE Chamber of Commerce March 11, 2004 City of Southlake Attn.: The Honorable Mayor and Council 1400 Main St. Southlake, TX 76092 Dear Mayor and Council: This letter is in regard to Southlake restaurant Feedstore BBQ and More's request for a zoning change from C -1 to SP -1. As Chair of the Board for the Southlake Chamber of Commerce and on behalf of the Chamber's board, I am expressing our support for the requested zoning change. Feedstore BBQ and More is a viable Southlake business that contributes to the overall community economy. People rely on this restaurant for both business and personal use, whether for meetings and/or family functions and is a longtime friend to Southlake. This zoning change would be more restrictive than what they currently possess, thereby prohibiting the restaurant from rnaking any future changes without Council's approval. With that in mind, we feel strongly that this request is an honest attempt to do what is right for the both the City and Feedstore BBQ and More. Therefore, the Southlake Chamber of Commerce supports the approval of Feedstore BBQ and More's zoning change request from the City of Southlake. Sincerely, e /Chairman Mecklenburg of the Board, ZA03-099 1501 Corporate Circle, Suite 100 Southlake, Texas 76092 817.48L8200= 817.749.8202fax info @southlakrcha+nber.com www.southiakechamber.com Case No. Attachment F ZA 03 -099 Page 2 April 8, 2004 GA 1)3-099 To: Southlake Planning & Zoning Commissioners From: Gary Hargett 1 1 1 1 South White Chapel Blvd. Southlake, Texas, 76092 RE: ZA 03 -099 & ZA03 -100 Item I - shows increase in building square footage from 1445 To 2646 sq. ft. Item II - shows (5) outside storage units & (1) catering trailer on (3) adjoining properties - each with different zoning and all being used for the Feedstore BBQ Additional items of concern: 1 . Vehicle parking at Feedstore BBQ is frequently 5 -10 feet from the white line on S. White Chapel which is a community Public Safety issue 2. Outdoor Patio dining is permitted approximately 20 -25 ft. from S. White Chapel 3. The permissible hours for selling alcoholic beverages are set by Tarrant County which allows Feedstore BBQ to sell alcoholic beverages until 2:00 a.m. , the same as all local TABC permit holders. This is a potential threat to the health, welfare and public safety of the residents of S. White Chapel. 4. The Spin meeting revealed a future intent of Feedstore BBQ to install what appeared to be an approximate 1 500 sq. ft. concrete pad North West of building to be used as Patio Dining /Entertaining and possibly enclosed later. The neighbors of South White Chapel have never been interested in putting Feedstore BBQ out of business - only compliance to the zoning on the (3) properties it is using and limiting it's continual expansion. We are confident that you will give our concerns and interests due consideration and will Case No. Attachment F ZA 03 -099 Page 3 make the decisions that are in the best interest of Southlake. Thank You, Sherr �Gary Har ett Y 9 Case No. ZA 03 -099 Attachment F Page 4 Case No. Attachment F ZA 03 -099 Page 5 wp \b N % p a � O 12-1 .d L G3/ 4 1 veM ]f i � Jtil tip{ U t✓ �; F f' - , . l b q Case No. Attachment F ZA 03 -099 Page 5 COMMERCIAL PERMIT APPLICATION CITY OF SOUTHLAIE BUILDING SERVICES DIVISION Type or print everything that applies to this project. Application Number: Project Address: v �7, 14141 fie �Jo 1 �{�� L ✓� (street address) (suite # /bldg #) Subdivision: Block: Property © / Lot: Owner: G }G��IJCSS as 4 - (name) (address) (city, state, & zip) (phone) Architect or Engineer of Record (name) (Roglatratfon Number) Case No. ZA 03 -099 Company Names Contact Person General: C©Nr�ac % ©r .0 `Td v r / Phone K Electric: /n> / /,f J Plumbing: r ( f Mechanical: } Other (specify): Note this application is for a combination construction permit for the above named trades. rvoo nr Me'%MV v I terior Finish ❑ El Construction Shell Only ❑ Addition ❑ Iteration /Remodel ❑ Demolition " ❑ Other Description of Work (please be speciflc): /Z/- 2 - / xe"' bluer 5 , Tenant Name: Ne xisting Busi ess' TXIIJ Electric: YES / NO Type of Business: rww se of Space: rt /Q N Tri Count Elec: YES / NO Valuation of Work: f �, Area of This Project: / 9o�_ s.f. TXU Gas: YES / NO Number of Stories: Heated !Cooled Area of above Fire Snrinklered: YES / NO A separate permit Is required for each tenant space andlor building. APPLICATION FOR CERTIFICATE OF OCCUPANCY IS HEREBY MADE COINCIDENTAL WITH APPLICATION FOR CONSTRUCTION PERMIT, A PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 180 DAYS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FORA PERIOD OF 180 DAYS AT ANY TIME AFTER WORK IS COMMENCED, ALL PERMITS REQUIRE FINAL INSPECTION. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK, INCLUDING BUT NOT LIMITED TO BUILDING, FIRE, ZONING AND TREE PRESERVATION ORDINANCES, WILL BE COMPLIED WITH WHETHER SPECIFIED OR NOT, THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFOR CE OF CONSTRU TI ON. Signature of Applica . G Date: 1 Printed Name: f� Phone s�f�ax• ( ) • r.## a# ###»###+### a### a # # #a # +## # * #►## # # # #a► ## #.# # " #'"# #Office use Zoning: Application Received By: Date: Occupancy Group: Building Assistant Approval: Date: Type of Construction: V- AJ Fire Marshal Approval: Date: Fire Sprinklered: Landscape Approval: Date: Fire Alarm Reqd: O Public Works Approval: Date: High -Rise: Plans Examiner Approv Date: /0 -29''0o BUILDING SERVICES DIVISION, PUBLIC SAFETY DEPARTMENT, 667 N. Carroll Ave., Southlake, TX 76092 Phone # 817 - 481 -5581, EX 815, Fax# 817 -468 -5097 www,ci.scuthlake,tx.us Comments: Attachment F Page 6 w r a� � nn � a v 1 Y) 0)0 REST ROOM FWZHES WALLS W 2 FT. DFTOILEiS AND URINALS SHALL HAVE SMOOTII HARD NONABSORBANT FINSH SUCH AS CERAMCTfl ; SEALED CONCRETE, FRP, . OR OTHER APPROV41W';ALS MRSIUM4FT.HIB4't1 R FIl`ASN IS REQLfitID 0IFLOORS. I I /I �j 0 Gb Y) 0)0 M y CC U � I I /I - -_ -�_:_ 4 =J / Fd CD 3tlA �dd�l —`��—� �" _ — — — T�no Snsalls3Y oI1d9S o1 -- ^• l �� — — _ — I `aa — — _ { �y z"• - >Ci 11( M y CC U � o � wz 00 I A b y C9 )1/09/04 10:21:39 LEGAL DESCRIPTION CARRANT APPRAISAL DISTRICT GRANBERRY, HIRAM SURVEY A 581 TR 4D STATE CODE DISTRICT F 1 220- 919 -22 -00 LAFAVERS, WILLIAM E 3XEMPT CODE 530 S WHITE CHAPEL BLVD PROPERTY LOCATION SOUTHLAKE TX 76092 530 S WHITE CHAPEL BLVD ARB STATUS: VL3 'CU= 80286755 1 ACCTS ----- ..42 .............49....... _B - -- ---49------- 2 4 A 2 .... 25--- I ........... 66.......... TAD ACCOUNT NUMBER LEAD ABST 03896765 A 581 A 581 4D CARD 1 OF 1 ROLL CODE NEW ROLL CODE TAD MAP MAPSCO RECHECK 0344 2102 460 02SR *INFORMAL AGENT* IMPROVEMENT VALUATION TYPE PCT GOOD GARAGE PLUMBING COML -85 1.0 RST INTERIOR FLOOR ROOF -T HEAT /COOL UNFINISH CARPET GABLE CENT A/H TILE - SPRNKL FRPL= 0 EXTERIOR BASEMENT ROOF -M FOUNDATION PE METAL METAL CON SLAB 12 FEET BOON: MKTA: .00 BEDR: 00 PCTC: .00 # ADJ SF CLASS % RATE VALUE A 2156 076 85 69 -00 126449 B 490 076 85 69 -00 28739 C 83 076 85 69.00 4868 D 1 RATE 85 1500.00 1275 SPCL & OTHER FEATURES VALUE 0 IMPROVEMENT VALUE 83682 NOTI: LAND VALUE. 36848 NOT2_ THE MOST RECENT = _ - - -_>* 2003 VALUE FINAL CERTIFIED VALUE __ >' BLDG- 83682 * DEED DATE + LAND- 36848 * *CORRELATED' TOTAL 120530 1997/09/30 * TOTAL: 120530 * 00 LAND CALCULATIONS pTAL ADJUSTED SO FEET: 2729 AREA CONVERSION .2890 A X 85000.00 # DESC ACTUAL GROUND Si % .50 = 36848 AOCU24R A MAIN 2156 7 2156 100 } 6U7L25A1U14R42CU10R4 B MAIN 490 '} 490 100 J 'Z 4 �(J �• 9D10L49A2R25D12CU5R6 6D5L66 C PORCH 330 330 25 D DMP ENCL 1 1 l00 pzf_J NOTI: LAND VALUE. 36848 NOT2_ THE MOST RECENT = _ - - -_>* 2003 VALUE FINAL CERTIFIED VALUE __ >' BLDG- 83682 * DEED DATE + LAND- 36848 * *CORRELATED' TOTAL 120530 1997/09/30 * TOTAL: 120530 * 00 C � £�x fZ A f yZ<7 7f /�� t V� (� V L d L? c L�14 1 4, -� () zs�d�tio�,P���t) yl) s IIAI. d CommE�� Surrounding Property Owners Feedstore BBQ F �A1 w VI a� � nn 6� a U 00 z �o �N 1 Open records request from Gary Hargett dated Aug 8, 2003 Mr. Hargett has requested ",..any and all documentation that has allowed Feestore BBQ @ 530 S. White Chapel Blvd. to alter and increase its nonconformity.'' To our knowledge, there has been no creation of or increase in any physical or non - physical nonconformity on the subject property. The primary building has been in existence since before the city adopted its current zoning ordinance. Any physical nonconformity that might be present would have apparently been created by the adoption of the city's zoning ordinance and not by the actions of the property owner /tenant. Therefore any such non - conformities, if present, are considered legal and accommodated under the terms of the city's zoning ordinance_ There is no documentation in our office indicating that a creation of a nonconformity or any expansion of a non - conformity has been authorized or approved. Bruce C. Payne, AICP Direcmr ofBanning .., .... City ofSouthlake (817) 481-2041 Case No. Attachment F ZA 03 -099 Page 10 ,rollne •Seay from: Bruce Payne Sent: Wednesday, August 13, 2003 2:50 PM To: Carolina Seay Subject: RE: 530 S. White Chapel Thank you Caroline, Always good to be armed with accurate info, Bruce G Payne, A[CP .Director ofPIgnning• City ofSouthlake (817) 481 -2041 -- Original Mcssage- - From: Carollno Say Sent Wednesday, August 13, 2003 2 :49 PM To: Bruce Payne Subject: 530 S. White Chapel Bruce,` Feed Store B4 added a refrigeration unit In the back of the store. They have obtained all necessary permits. There are no violations at this site. — han Caroline Case No. Attachment F ZA 03 -099 Page 11 roIine Seay morn: Bruce Payne Sent: Wednesday, Auguat 13, 2003 2:50 PM To: Carolina Seay Subject: RE: 530 S. White Chapel Thank you Caroline, Always good to be armed with accurate info. Bruce C. Payne, A.1CF Dtrecror ofPlanniag City ofSouthlake (817) 481 -2041 --- original Message -- From: Carollne Seay sanu Wednesday, August 13, 2003 2:49 PM To; Bruce Payne Subject: 530 S. WNts Chapel Bruce,` Feed Store BQ added a refrlgeratlon unit In the back of the store. They have obtained all necessary permits. There are no vlolatlons at this site, han , Caroline F Case No. Attachment F ZA 03 -099 Page 12 Case No. Attachment F ZA 03 -099 Page 13 UN DERSTAAD TAE S FEE DSTORE BBQ AND ` 1 1 )�L_ RE 90 0 ONING SUBMITTE BY THJ� AM IN TOTAL R R TdEQUESTS. D AM E AD DRESS I COMMENT( 3 q / _ ) 3r _b( 4 9 •��P�, OLdb de - 762 & v —_ - Cf 4: / - _ �- K� — _T l®r w 6y Case No. ZA 03 -099 Attachment F Page 14 I UNDERSTAND THE SP-1 ZONING REQUEST SUBMITTED BY THE FEEDSTORE BBQ AND I AM IN TOTAL SUPPORT OF THEIR DATE: REQUESTS. p 94v,1 i 5 NAME ADDRESS OMMENT(S) U t A k - 11 L4A OVA t(k luk yo V aj-� q �AO K<rz-kLl kdx, It. LL T )6 - 7( - Z-6c- VVl7' D - T - I - 4Z F DIV Case No. Attachment F ZA 03-099 Page 15 REQUESTS. - OL� DATE: / � N AME ADD CO hladeline Daraio 400 Palo Ct. CoHeyville, TX 76034-7600 � r 1 " 4'(Sh -- i 0 "S(3 (-Zk b Cd <?�� — ke Case No. Attachment F ZA 03 -099 Page 16 I UNDERSTAND THE SP -1 ZONING REQUEST SUBMITTED BY THE FEEDSTORE BBQ AND I AM IN TOTAL SUPPORT OF THEIR REQUESTS. wM N AM E ADDRESS C `E __131L�1_.f l > �� I Z2 ------ - - - - -- S L- A4 L l _ �'�° r Ln Ad -e_ f I Case No. Attachment F ZA 03 -099 Page 17 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -435 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 TRACT 4D AND A PORTION OF TRACT 1F, SITUATED IN THE H. GRANBERRY SURVEY, ABSTRACT NO. 581; AND BEING APPROXIMATELY 1.42 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C -1" NEIGHBORHOOD COMMERCIAL DISTRICT AND "AG" AGRICULTURAL DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "C -1" NEIGHBORHOOD 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 G ZA03 -099 Page 1 WHEREAS, the hereinafter described property is currently zoned as "C -1" Neighborhood Commercial District and "AG" Agricultural District 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 of the land throughout this City; and, 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 Case No. Attachment G ZA03 -099 Page 2 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 amended as shown and described below: Being Tract 4D and a portion of Tract 1F, situated in the H. Granberry Survey, Abstract No. 581, being approximately 1. 42 acres, and more fully and completely described in Exhibit "A" from "C -1" Neighborhood Commercial District and "AG" Agricultural District to "S -P -1" Detailed Site Plan District with "C -1" Neighborhood Commercial District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit `B ", and subject to the specific conditions established in the motion of the City Council and attached hereto and Case No. ZA03 -099 Attachment G Page 3 incorporated herein as Exhibit "C." 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 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 Case No. Attachment G ZA03 -099 Page 4 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 if the 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. 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 fifteen (15) days before the second reading of this ordinance, and if this 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 Case No. ZA03 -099 Attachment G Page 5 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 , 2004. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2004. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Case No. ZA03 -099 Attachment G Page 6 CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA03 -099 Attachment G Page 7 EXHIBIT "A" Being Tract 4D and a portion of Tract 1F, situated in the H. Granberry Survey, Abstract No. 581, and being approximately 1.42 acres. "Insert M &B description" Case No. ZA03 -099 Attachment G Page 8 o 0 c I A Q � VICINITY MAP SCALE I = 1000' C -1 WILLAAM E. LAPAVERS S -P -1 with limited C -1. 's— VOL, 8602 PG. 2321 RES. 1.422 AC ZONED AN 'C"', DENSITY RESIDENTIAL Existing Centerline Or Pavement 1.123 AC 48,935 Sq. Ft. 'saB E 11 12,997 Sq. Et. 4.24% N BeYE'78 SITE ATA - LQT I 3 40,858 Sq. FL, WEST L[NE OF LOT 11 EXISTING ZONING: 29.79% y (EXTENDED) s PROPOSED ZONING! .. 132.04 sno LAND USE DESIGNATION. / $i p aeD N GROSS LAND A - NET LAND AREA' N w' � ry w� AREA IN R.O.W { �'J LOT 1 DEDICATION: HIRAM CRANBERRY Ne. 681 AD ION I! CAD. A. ELIDE E 845 SITE COVERAGE, p 328' G / nQ N ed ONED sr LOW DENSITY RESIDENTIAL BUILDING AREA: R m A Y PAVEMENT AREA; TOTAL.: $ o PA OPEN AREA: SCALE. I'= 40' // 10' DRAINAGE, UTILITY, ND WALKWAY EASEMENT PARKING - LOT 13 s .' a'19v" RESTAURANT: $� v � -��� SEATING FOR 60 PEOPLE: s as Aaros-r �zs se P Cl LOT I � HDWA GRANDERRY a Ell a No. 581 AMMON LOT 12 CABZ 5804 HIRAM CRANBERRY N o yy NED pB ONED AD MEp1ut� DENSITY RESIDENTIAL LOW LOW DENSITY RESIDENTIAL x� H� �x U U VICINITY MAP SCALE I = 1000' C -1 S -P -1 with limited C -1. 's— MED. DENSITY RES. 1.422 AC 61,932 Sq. Ft. 1.123 AC 48,935 Sq. Ft. 0.298 AC 12,997 Sq. Et. 4.24% 2,623 Sq. Ft. 55.97% 40,858 Sq. FL, 70,21% 43.481 Sq Ft. 29.79% 18,451 Sq, Ft. 20 SPACES REQUIRED 43 SPACES SHOWN OWNERS: WILLWM E. LAFAVERS 620 WHITE CHAPEL BLVD SOUTHIAKE. TX 76092 817- 481 -3491 SITE PLAN 530 S. WHITES CHAPEL BLVD. LOT 13 HIRAM GRANBERRY No. 581 ADDITION CITY OF SOUTHLAKL TARRANT COUNTY. TEXAS RECD MAR 2 2 2004 'ity Use Number: 2A03 -099 w H� H i n K4 "S -P -V Detailed Site Plan District for Feed Store Barbeque 530 S. White Chapel Boulevard This site shall comply with all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the "C -1" Neighborhood Commercial District uses and regulations with the following exceptions: 1) The floor area of the restaurant operation shall not exceed 2,800 square feet. 2) Front Yard shall be no less than 10 feet from the right -of -way of S. White Chapel Boulevard as it is indicated on the site plan made a part of this ordinance. 3) Bufferyards shall not be required. 4) No building articulation shall be required. 5) The screening requirements of Ordinance 480, Section 39.4.b. (Screening required where a non- residential use abuts a residentially zoned property or property having an occupied residential having a residential zoning designation) shall not apply. 6) Any existing non - conforming conditions not specifically addressed by the this "S -P -1" zoning district shall be permitted to remain under the conditions prescribed in Ordinance No. 480, Section 6, as amended, "Non- conforming Uses ". Case No. Attachment G ZA03 -099 Page 10 EXHIBIT "C" This page reserved for the approved City Council motion. Case No. Attachment G ZA03 -099 Page 11