Item 6ECITY OF
SOUTHLAKE
Department of Planning & Development Services
STAFF REPORT
February 13, 2013
CASE NO: ZA13-015
PROJECT: Specific Use Permit for Chick-fil-A Storage Building
EXECUTIVE
SUMMARY: On behalf of Chick-fil-A, Inc., Burger Engineering, LLC is requesting approval of a
Specific Use Permit for an approximately 72 square foot storage building on property
described as Lot 4, Block 1, Perry/Allen Addition, an addition to the City of Southlake,
Tarrant County, Texas and located at 2301 E. Southlake Blvd., Southlake, Texas.
Current Zoning: "C-3" General Commercial District. SPIN Neighborhood # 8.
REQUEST
DETAILS: The applicant is proposing an approximately 72 square foot storage building adjacent
to the existing dumpster enclosure. The storage building and existing concrete block
dumpster enclosure will be covered in brick that matches the brick used on the
restaurant. No changes to the existing retaining wall are proposed.
Fifty-four parking spaces currently exist on the site. One space will be removed
adjacent to the existing dumpster enclosure for the proposed storage building and four
parking spaces will be removed in the area of the proposed expansion shown on the
site plan (separate case). Zoning Ordinance No. 480, Section 35.6.b.8.a requires one
parking space per each three seats under the maximum seating arrangement or one
space per 100 square feet of floor area, whichever is greater. There are 116 seats in
the restaurant (116/3 = 39 required spaces), so the required parking including the
expansion will be based on floor area (4,723 s.f./100 = 48 spaces). Forty-nine (49)
parking spaces are provided on the site plan.
The proposed approximately seven hundred (700) square foot expansion shown on the
site plan to the rear of the existing building requires approval of a Site Plan. A separate
application has been submitted (Zoning Case ZA12-119).
VARIANCES
REQUESTED:1) Zoning Ordinance No. 480, Section 45.16(a) requires accessory buildings on a permanent
foundation to be located no closer than 10' to a property line. The applicant is
requesting a variance to allow an approximately 5' rear setback.
2) Zoning Ordinance No. 480, Section 45.16(i) requires the roof (design, pitch,
materials) of accessory buildings to match the principal structure roof. The applicant is
proposing the roof as shown on the elevations.
Case No.
ZA13-015
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ATTACHMENTS:
STAFF CONTACT:
1) Conduct a public hearing
2) Consider approval of a Specific Use Permit
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information — Link to PowerPoint Presentation
(D) Site Plan Review Summary No. 3, dated February 12, 2013
(E) Surrounding Property Owners Map and Responses
(F) Resolution No. 13-007
(G) Full Size Plans (for Commission and Council Members Only)
Dennis Killough (817)748-8072
Richard Schell (817)748-8602
Case No.
ZA13-015
BACKGROUND INFORMATION
OWNER: Chick-fil-A, Inc.
APPLICANT: Burger Engineering, LLC
PROPERTY ADDRESS: 2301 E. Southlake Blvd.
PROPERTY
DESCRIPTION: Lot 4, Block 1, Perry/Allen Addition
LAND USE CATEGORY: Retail Commercial
CURRENT ZONING: "C-3" General Commercial District
HISTORY: - On November 2, 1999, City Council approved (7-0) the existing Site Plan,
denying the request for an accessory building. (ZA99-087).
SOUTHLAKE 2030 PLAN
- On February 14, 2008, the Zoning Board of Adjustment approved (4-0) a
variance to allow an accessory building having a permanent foundation within 5
feet of the property line subject to roof and masonry materials matching the
existing Chick-fil-A building (ZBA-537). The Zoning Ordinance requires a
minimum 10-foot setback for accessory buildings having a permanent
foundation and allows up to a 5-foot setback for accessory buildings on a non-
permanent foundation. The variance approval expired after one year.
Consolidated Land Use Plan
The underlying land use designation of this property is "Retail Commercial".
The proposed expansion of the existing use is within the recommended uses of
the Retail Commercial land use designation.
Pathways Master Plan & Sidewalk Plan
The 2025 Pathways Master Plan and Sidewalk Plan do not show any trail or
sidewalk segments adjacent to the proposed site. However, for all
development requiring a City Council approved site plan, a five (5)-foot wide
concrete sidewalk shall be provided along all public streets. TxDOT began a
project in January 2013 that includes construction of a 5' sidewalk along E.
Southlake Blvd. The City Engineer has determined that the impact of the
proposed expansion and storage building is not roughly proportional to the
requirement for a 5" sidewalk along S. Kimball Ave.
TRANSPORTATION
ASSESSMENT: No changes to the existing driveways are proposed.
WATER & SEWER: No changes to existing City water or sewer service are proposed.
TREE PRESERVATION: The existing Live Oak in the parking lot island behind the restaurant is to
remain. No other trees are to be affected.
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BOARD REVIEW: The SPIN representative from SPIN District # 8, Pattie Minder, did not
recommend a SPIN meeting due to the limited scope of the project, but she did
Case No. Attachment A
ZA13-015 Page 1
direct the applicant to discuss the proposed improvements with adjacent
property owners.
PLANNING AND ZONING
COMMISSION ACTION: Approved (5-0) subject to the Staff Report and Site Plan Review Summary No.
2 dated February 1, 2013 and granting the requested variances: 1) Zoning
Ordinance No. 480, Section 45.16 (a) requires accessory buildings on a
permanent foundation to be located no closer than 10' to a property line. The
applicant is requesting a variance to allow an approximately 5' rear setback. 2)
Zoning Ordinance No. 480, Section 45.16(i) requires the roof (design, pitch,
materials) of accessory buildings to match the principal structure roof. The
applicant is proposing the roof as shown on the elevations.
STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated February 12, 2013.
Case No. Attachment A
ZA13-015 Page 2
Vicinity Map
Chick-H-A
S.H. 114
E SOUTHLAKE BLVD
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�. ZA 13 -015
Specific Use Permit
2301 E. Southlake Blvd.
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Case No. Attachment B
ZA13-015 Page 1
VARIANCE REQUEST LETTER
j@ I3UItGER
Jib) ENGINEERING
Civil Consultants
January 24, 2013
Mr. Richard Schell
City of Southlake
Planning and Development Services
1400 Main Street, Suite 310
Southlake, Texas 76092
Re: Chick-fil-A
2301 E. Southlake Blvd.
Southlake, Texas
B.E. No. 013-055
Dear Mr. Schell,
Please accept this letter as our formal variance request to accompany the Specific Use
Permit for a proposed storage building on the above referenced project. The variance
requests are as follows:
Variance to Zoning Ordinance No. 480, Section 45.16(a) requiring accessory
buildings on a permanent foundation to be located no closer than 10' to a property
line. (Proposing a 5' rear setback.)
Variance to Zoning Ordinance No. 480, Section 45.16(i) requiring the roof (design
pitch and materials) to match the principal structure roof. (Proposing a roof as
shown on elevations.)
The two variances are being requested to accommodate the existing retaining wall
currently located approximately 5' from Chick-fil-A's north property line and to match the
existing dumpster structure the storage building will be attached to. Please contact our
office if you require any additional information concerning this request.
Sincerely,
BryaniMurger, .E.
BRYAN M. BURGER, P.E.
17103 Preston Rcmd, Suite 18ON I Dallas, Texas 75248 I Office: 972.630..3360 I Fax:972.630.3380
Case No.
ZA13-015
Attachment C
Page 1
SITE PLAN
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PROPOSED ± 700 S.F. ADDITION
(; (SITE PLAN - ZA12-119)
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PROPOSED ± 72 S.F. STORAGE BUILDING
- (SPECIFIC USE PERMIT - ZA13-015)
Case No. Attachment C
ZA13-015 Page 2
Case No.: ZA13-015
SITE PLAN REVIEW SUMMARY
Review No.: Three
Project Name: Specific Use Permit — Chick-fil-A Storage Expansion
APPLICANT: Bryan M. Burger, P.E.
Burger Engineering LLC
17103 Preston Rd. Suite 180N
Dallas, TX 75248
Date of Review: 02/12/2013
OWNER: John Mark Wood
Chick-fil-A, Inc.
5200 Buffington Rd.
Atlanta, GA 30349
Phone: (972) 630-3360 Phone: (404) 684-8529
E-mail: bburger@burgerengineering.com E-mail: johnmark.wood@chick-fil-a.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
02/12/13 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
RICHARD SCHELL AT (817) 748-8602 OR DENNIS KILLOUGH AT (817) 748-8072.
1. Please make the following changes to the site data summary chart:
a. Revise the required parking calculation to use floor area instead of building area
(4,723 s.f./100 = 48 spaces required).
Public Works/Engineering Review
Alejandra (Alex) Ayala, P.E.
Civil Engineer
Phone: (817) 748-8274
E-mail: aavalaa-ci.southlake.tx.us
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A ROW permit shall be obtained from the Public Works Operations Department for connections with
the City's sewer, water or storm drain inlets. Contact Public Works Operations at (817) 748-8082.
Use the City of Southlake GPS monuments whenever possible. Information can be found in the
City of Southlake website:
http://www.citvofsouthlake.com/index.aspx?NID=266
The discharge of post development runoff must have no adverse impact on downstream properties
and meet the provisions of Ordinance # 605.
Any hazardous waste being discharged must be pretreated, Ordinance No. 836.
This review is preliminary. Additional requirements may be necessary with the review of
construction plans.
Informational Comments
Fire Department Review
Case No. Attachment D
ZA13-015 Page 1
Kelly Clements
Assistant Fire Marshal
(817) 748-8671
kclements(cD-ci.southlake.tx.us
GENERAL COMMENTS:
Provide exit signage as needed for the relocated exit door.
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Ensure that all existing fire lanes are maintained around the entire structure.
FIRE HYDRANT COMMENTS:
No hydrant problems noted based on submitted information.
Building Inspections Review
Susie Hernandez
Plans Examiner
(817) 748-8238
shernandez61ci.southlake.tx.us
Building code: 2009 IBC
Additional square footage will be charged for road impact fees.
Accessibility:
Must meet Texas Accessibility Standards
Lighting;
Must meet City Lighting Ordinance
Airport Overlay Zone:
Must meet Airport Overlay Zone
Informational Comments:
The SPIN representative from SPIN District # 8, Pattie Minder, did not recommend a SPIN meeting
due to the limited scope of the project, but she did direct the applicant to discuss the proposed
improvements with adjacent property owners.
For all development requiring a City Council approved site plan, a five (5)-foot wide concrete
sidewalk shall be provided along all public streets unless identified in the city's Pathways Plan in
which case Ordinance 483, Section 5.06 shall apply. In addition, all non-residential development
shall provide pedestrian access to the City's existing or future trail system as identified in any City
Council adopted plan. (As amended by Ordinance No. 480-NNN). TxDOT began a project in
January 2013 that includes construction of a 5' sidewalk along E. Southlake Blvd. The City
Engineer has determined that the impact of the proposed expansion is not roughly proportional to
the requirement for a 5" sidewalk along S. Kimball Ave.
No review of proposed signs is intended with this site plan. A separate building permit is required
prior to construction of any signs.
Case No. Attachment D
ZA13-015 Page 2
All mechanical equipment must be screened of view from right-of-ways and residential properties
in accordance with the Zoning Ordinance No. 480, as amended.
All lighting must comply with the Lighting Ordinance No. 693, as amended.
All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment
Control Ordinance No. 946, as amended.
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.
Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay
Zones.
The applicant should be aware that prior to issuance of a building permit, a fully corrected site
plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all
required fees must be paid. This may include but not be limited to the following fees: Park Fee,
Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees.
Denotes Informational Comment
Case No. Attachment D
ZA13-015 Page 3
SURROUNDING PROPERTY OWNERS
Chick-fil-A
3
1
2
9
$
7
6
5
4
10
• • #
1.
Owner
Marshall Descendants 2006 Trst
Zoning
C3
Land Use
Regional Retail
Acreage
0.92
Response
NR
2.
Lowe's Home Centers Inc
C3
Regional Retail
14.82
NR
3.
Stagliano, Vincent J Etal
C3
Regional Retail
0.39
NR
4.
Primsco Real Estate Holdings
C2
Retail Commercial
1.88
NR
5.
Coz, Llc
C3
Retail Commercial
0.80
NR
6.
2315 E Southlake Center Llc
C3
Retail Commercial
1.72
O
7.
Leslie S Wright Liv Tr Etal
C3
Retail Commercial
0.80
NR
8.
Chick-Fil-A Inc
C3
Retail Commercial
1.14
NR
9.
Church Of Christ Our King
CS
Retail Commercial
2.34
NR
10.
Teeter, Robert W Etux Pam Etal
AG
Retail Commercial, Office
Commercial
2.25
NR
Responses: F: In Favor O: Opposed To U: Undecided
Notices Sent: Ten (10)
Responses Received
One (1) - Attached
NR: No Response
Case No.
ZA13-015
Attachment E
Page 1
Notification Response Form
ZA13-015
Meeting Date: February 7, 2013 at 6:30 PM
2315 E Southlake Center Llc
9322 Stockton Rd
Moorpark Ca, 93021
32204 1 2
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY
BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
Being the owner(s) of the property so noted above, are hereby
in favor of opposed to undecided about
(circle or underline one)
the proposed Site Plan referenced above.
Space for comments regarding your position:
Signature:
Additional riature:
-)')UCZ
Date:
Date:
Printed Name( JA-,:V— y)r 1�i/7
Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Department. One form per property.
Phone Number (optional): 915 3z1(- S<{--(
Case No. Attachment E
ZA13-015 Page 2
N *191 ILIA I Eel ki I ki Eels B11111YA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
GRANTING A SPECIFIC USE PERMIT FOR AN ACCESSORY BUILDING
ENCLOSING EQUIPMENT OR ACTIVITIES IN CONJUNCTION WITH THE
PERMITTED PRINCIPAL USES FOR CHICK-FIL-A ON PROPERTY DESCRIBED AS
LOT 4, BLOCK 1, PERRY/ALLEN ADDITION, AN ADDITION TO THE CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 2301 E.
SOUTHLAKE BLVD., SOUTHLAKE, TEXAS, MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED PLAN
ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, a Specific Use Permit for an accessory building enclosing equipment or activities in
conjunction with the permitted principal uses for Chick-fil-A 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 Section 45.1(22) and 45.16 of the City's
Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have given the
requisite notices by publication and otherwise, and have afforded the persons interested and situated in the
affected area and in the vicinity thereof; and,
WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use
Permit is in the best interest of the public health, safety, morals and general welfare of the City.
I W:Iel&-31
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
l;�x"1Eel k51
A Specific Use Permit is hereby granted to allow an accessory building enclosing equipment or activities in
conjunction with the permitted principal uses for Chick-fil-A s, on property within the City Of Southlake, Texas,
located at 2301 E. Southlake Blvd. and described as Lot 4, Block 1, Perry/Allen Addition, an addition to the
City of Southlake, Tarrant County, Texas, more fully and completely described in Exhibit "A", and as depicted
on the approved 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 following specific requirements and special conditions shall be applicable to the granting of this
Specific Use Permit:
Case No. Attachment F
ZA13-015 Page 1
This resolution shall become effective on the date of approval by the City Council.
PASSED AND APPROVED THIS DAY OF , 2013.
CITY OF SOUTHLAKE
By:
ATTEST:
Alicia Richardson, TRMC
City Secretary
John Terrell, Mayor
Case No. Attachment F
ZA13-015 Page 2
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Property described as Lot 4, Block 1, Perry/Allen Addition, an addition to the City of Southlake, Tarrant
County, Texas, according to the plat filed in Cabinet A, Slide 5489, Plat Records, Tarrant County, Texas
and located at 2301 E. Southlake Blvd., Southlake, Texas.
Case No. Attachment F
ZA13-015 Page 3
W:/:11-3k9=
Reserved for Approved Plans
Case No. Attachment F
ZA13-015 Page 4