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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 FiTelIIs] ki101I;1 ;1C;II] 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. C61�1PA�kIlk101WW 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 w a J J m Y �. ZA 13 -015 Specific Use Permit 2301 E. Southlake Blvd. N �, `��• w E 0 300 600 1,200 Feet S 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 FAST SpVr,, s , lrMAKE r�o91 OV�EV Jim - ag PROPOSED ± 700 S.F. ADDITION (; (SITE PLAN - ZA12-119) Y� 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 CrlEll kiIEllMA Wd91Ly,I►yilEll ki11&1 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. Ia1:74Will kl;Kde]►y,ILy,14k111&1 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 W:/:II-3III re1 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