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Item 6FCITY OF SOUTHLAKE Department of Planning & Development Services STAFF REPORT March 27, 2013 CASE NO: ZA13-028 PROJECT: Specific Use Permit for McDonald's Storage Building EXECUTIVE SUMMARY: On behalf of McDonald's USA, LLC, Adams Engineering is requesting approval of a Specific Use Permit for an approximately 117 square foot storage building at McDonald's on property located at 225 N. Kimball Ave., Southlake, Texas and described as Lot 1 R2, Block 1, Kimball/1709 Addition, an addition to the City of Southlake, Tarrant County, Texas. Current zoning is "C-3" — General Commercial District. SPIN Neighborhood # 8. REQUEST DETAILS: The applicant is proposing an approximately 117 square foot storage building adjacent to a proposed dumpster enclosure at the southeast corner of the property. An existing dumpster enclosure and storage building in the same general area will be removed. The storage building and dumpster enclosure will be covered in brick that matches the brick used on the restaurant. The proposed fagade improvements and two-lane drive through for the existing McDonald's restaurant that are shown on the site plan require separate approval. A site plan application has been submitted (Zoning Case ZA13-022). VARIANCES REQUESTED The following two variances are requested with approval of the Specific Use Permit: 1) Zoning Ordinance No. 480, as amended, 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 3' side setback. 2) Zoning Ordinance No. 480, as amended, 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. ACTION NEEDED: 1) Conduct a public hearing 2) Consider approval of a Specific Use Permit ATTACHMENTS: (A) Background Information Case No. ZA13-028 (B) Vicinity Map (C) Variance Request Letter and Site Plan — Link to PowerPoint Presentation (D) Site Plan Review Summary No. 3, dated March 27, 2013 (E) Surrounding Property Owners Map and Responses (F) Resolution No. 13-017 (G) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Dennis Killough (817)748-8072 Richard Schell (817)748-8602 Case No. ZA13-028 BACKGROUND INFORMATION OWNER: McDonald's USA, LLC APPLICANT: Adams Engineering PROPERTY ADDRESS: 225 N. Kimball Ave. PROPERTY DESCRIPTION: Lot 1 R2, Block 1, Kimball/1709 Addition LAND USE CATEGORY: Regional Retail CURRENT ZONING: "C-3" General Commercial District HISTORY: - A Zoning Change from "AG" Agricultural to "HC" Heavy Commercial was approved August 2, 1983 (ZA83-026). - A preliminary plat for Lots 1-4, Block 1, Kimball/1709 Addition was approved in 1986 (ZA86-035). - A final plat for Lot 1, Block 1, and Lot 1, Block 2, Kimball/1709 Addition was approved August 16, 1988 and filed June 6, 1989 (ZA88-022). - The "C-3" General Commercial District zoning designation was given to the property with approval of Zoning Ordinance No. 480 in September 1989. - A plat revision for Lots 1 R-1, 1 R-2 and 1 R-3, Block 1, Kimball/1709 Addition was approved June 6, 1995 and filed July 20, 1995 (ZA95-044). - A building permit for the existing restaurant was issued September 19, 1995 - On August 5, 2008, City Council passed Ordinance No. 480-VVV, which included an amendment to allow accessory buildings enclosing equipment or activities in conjunction with the principal uses in zoning districts CS, 0-1, 0-2, C-1, C-2, C-3, C-4, HC, B-1, B-2, 1-1, 1-2 with approval of a Specific Use Permit. (Zoning Ordinance No. 480, Sections 45.1(44) and 45.16). CITIZEN INPUT/ BOARD REVIEW: The SPIN representative from SPIN District # 8, Matt Schirle, did not recommend a SPIN meeting due to the limited scope of the project. PLANNING AND ZONING COMMISSION ACTION: March 21, 2013; Approved subject to Site Plan Review Summary No. 2, dated March 15, 2013 and Staff Report dated March 15, 2013 and granting requested variances; 1) Zoning Ordinance No. 480, as amended, 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 3' side setback. 2) Zoning Ordinance No. 480, as amended, 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. Attachment A ZA13-028 Page 1 STAFF COMMENTS: For additional background information, please see the staff reportforCase No. ZA13-022. Attached is Site Plan Review Summary No. 3, dated March 27, 2013. Case No. Attachment A ZA13-028 Page 2 Vicinity Map McDonald's Storage Building W z a J J m W 2 Y U Z I :: SH 114 E SOUTHLAKE BLVD (FM 1709) -TTT--� ZA13-028 i. Specific Use Permit 225 N. Kimball Ave. N I• x �• W F 0 300 600 1,200 Feet S Case No. Attachment B ZA13-028 Page 1 VARIANCE REQUEST LETTER DAdams March 12, 2013 Mr. Dennis Killough Chief Planner Department of Planning City of Southlake 1400 Main St., Suite 310 Southlake, TX 76092 RE: Drive -Through Order Point Addition / Remodel McDonald's 255 N. Kimball Ave. Mr. Killough, We are proposing to remodel the exterior and interior of the existing restaurant, as well as upgrade the existing drive through elements. The drive through improvements will include an additional side -by -side order point and menu boards, and an additional drive approach on the east end of the site to facilitate the access and circulation of the property. On behalf of McDonald's Corporation, Adams Engineering is requesting the following variances and amendments for the above referenced project: • Variance to the driveway stacking requirement coming off of SH 114. Driveway Ordinance No. 634, as amended, requires a stacking depth of 100'. A stacking depth of approximately 37.5' is requested. • Variance to the 5' rear and side buffer requirement. Zoning Ordinance No. 480, Section 42.4.e (Table One), as amended, requires a 5' Type A bufferyard on the east and south property lines. A variance to allow the drive through lane and storage build ing/dumpster enclosure to encroach into the bufferyards as shown on the site plan is requested. • Variance to the accessory building 10' setback. Per Zoning Ordinance No. 480, Section 45.16.a, as amended, accessory buildings are required to be located no closer than 10' to a property line located in the rear yard. A side yard setback of three (3.0) feet is requested. • Variance to the accessory building roof material requirements. Per Zoning Ordinance No. 480, Section 45.16.i, as amended, roof (design, pitch and materials) is to be the same as the principal structure roof. The roof as shown on the elevations is requested. 910 S. Kimball Avenue • Southlake. Texas 76092 817.328.3200 • FAX 817.328.3-199 TBPE Reg. No. F-1002; uitiv.adams-engineering.eom Case No. Attachment C ZA13-028 Page 1 9Adams We understand that at this time city council cannot grant variances for the last two items related to the accessory building, however, an ordinance amendment has been proposed that would allow council to grant these types of variances. The applicant understands that the variance requests related to the accessory building will be contingent on approval of this ordinance amendment. We appreciate your assistance and look forward to working with you on this project. Sincerely, ADAMS ENGINEERING Ted Murday, P.E. 910 S. Kimball Avenue • Southlakc, Texas 76092 817.328.3200 • FAx 817.328.3299 TBPEReg. No. F-1002, www.adams-engineering.com Case No. Attachment C ZA13-028 Page 2 Ift Nile IM SITE PLAN •5-V ] L R 1 P.t may; EwsrWDH EQSTMr DC E%IS=SCREEN EDDE — lei HEDGE SCREEN HJGE �'T 13 1 y El({gTWO PARKING $ E)UT04RAqWKW, �l 3 — — L d' - •, � L-4463•x=126000 iEDDE EwsnNGSIDEW_ y A-0D ""46• u.}Nl2"l4'57"W-44.67 G/EI j muse j�j••lm3 Ave '� i 13BA'' In IP.2 HI 11 V usIDEWNI( ' • �S EImW111709 Addlll® SA F6tl EMANG 3' `- Sell .sx. sr GhlmaseEersra . SCREEN HEDGE �� D(ISIpG NmONVuu P Cr, ? \ Qa I S,OAY IIDP i• E%1 BNG CONLRFfV -. W �y3 �yyy ^VV� Ar!!• � ArDarWC�Cwpaam PROPGSEO EGK DRIVEWAY a VDIAre 12115, Pap ]T2 yrrnn K •,� r. 'x FS g "SrINC SID— .� ti i A '�' 9C Tl'R. ENGI-O&1REAND DSTORAGE 13 �A rxE-1 -i r; 9CREEN HEDGE !, NEP41r15 W 197.99' a�sA DleenEln[s 1 E%ISnNY CONCRETE Y ,wv s. i'm�e4aur 1 a trm NEu c3 Sl6'"10'•W 30A4• 1 •mm orvA,pN.NR—IT PRDPOSED - DRNE APPROACH rinwAaYm �ryYKA*YI.Uf] nr[ule iwf.0°�omk' zoNED c3 OA' f 6 M -I EwsrMCOM�e 6 py. MPPROA.T oDEiEO, .0 y m 30 D 20 40 SCALE. 1• = 20• OWNER INFORMATION Case No. ZA13-028 Attachment C Page 3 SITE PLAN REVIEW SUMMARY Case No.: ZA13-028 Review No.: Three Date of Review: 03/27/13 Project Name: Specific Use Permit — McDonald's Storage Building APPLICANT: Ted A. Murday Adams Engineering 910 S. Kimball Ave. Southlake, TX 76092 Phone: (817) 328-3200 E-mail: ted.murday@adams-engineering.com Owner: Patrick Piehl McDonald's USA, LLC 511 E. John Carpenter Frwy., Suite 375 Irving, TX 75062 Phone: (972) 869-5355 Patrick. r)iehl(a)us.mcd.com: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/04/13 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 DENNIS KILLOUGH AT (817) 748-8072. Please make the following changes to the Site Data Summary Chart. a. Revise the building footprint area to include the cooler/freezer area. b. Add the square footage of the existing storage building to the site data summary chart under "Total Building Area" and "Square Footage Broken Down by Use". c. Show a breakdown of the floor areas by use to include inside and outside storage and the cooler/freezer area. The sum of the kitchen/restroom and dining room floor areas totals 4,290 square feet. Fire lanes must have a minimum inside turning radius of 30'. The area designated as a fire lane must follow the 30' radii shown and labeled on the site plan. 3. The following two variances are requested with approval of the site plan: a. Variance to the Driveway Ordinance No. 634, as amended, which requires a stacking depth of 100' for the north -south driveway that runs behind (east) of the restaurant at the intersection of E. S.H. 114. A stacking depth of approximately 37.5' is requested. b. Variance to Zoning Ordinance No. 480, Section 42.4.e (Table One), as amended, which requires a 5' Type A bufferyard along the east and south property lines. A variance is requested to allow the additional drive through lane and storage building/dumpster enclosure to encroach into the bufferyards as shown on the site plan. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 Case No. Attachment D ZA13-028 Page 1 II:7Ell N1111156197ki1;.1Ell Wli%IEel kiWe] ►Yil►YilEll ki III &I Three (3) existing Pine trees are proposed to be removed for the construction of the access drive along the east property line. The applicant has provided a Landscape Plan showing that additional landscaping will be provided along with the addition of two (2) Red Oaks, three (3) Loblolly Pines, and five (5) Crape Myrtles. WifilN1Id9]►YiI►Yi1:4kIII &I The Loblolly Pine shown to be provided adjacent to the proposed drive through will be allowed to count as one of the two required canopy trees in the east bufferyard. The tree is located approximately two feet outside of the east bufferyard due to space constraints. Indicates informational comment. Fire Department Review Kelly Clements Assistant Fire Marshal (817) 748-8671 kclements61ci.southlake.tx.us FIRE LANE COMMENTS: Fire lanes must have a minimum inside turning radius of 30'. Fire lane access needs to be an all-weather surface, asphalt or concrete, a minimum of 24 feet wide, with 6 inch red striping, which contains 4 inch white lettering, which states "FIRE LANE NO PARKING" every 25 feet. Building Inspections Review Susie Hernandez (817) 748-8238 shernandezCd)ci.southlake.tx.us Building: Building remodel and storage buildings will be separate permits 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 for SPIN Neighborhood # 8, Matt Schirle, did not recommend a SPIN meeting for this project. Case No. Attachment D ZA13-028 Page 2 The proposed fagade improvements and two-lane drive through for the existing McDonald's restaurant that are shown on the site plan require separate approval. A site plan application has been submitted (Zoning Case ZA13-022). The City Engineer has determined that the impact of the proposed improvements is not roughly proportional to the requirement for a 5" sidewalk along N. Kimball Ave. and E. S.H. 114. The Traffic Impact Analysis that was submitted for the associated site plan (ZA13-022) states that there will be no adverse impacts to the north -south driveway that runs behind (east) of the restaurant from closing the driveway that currently loops around the back of the restaurant adjacent to the drive through. All signage and logos, including but not limited to the McDonald's arches, McDonald's attached and monument signs, directional signage and menu boards will require separate approval. A master sign plan has been submitted for the April 16, 2013 City Council meeting. 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. Denotes Informational Comment Case No. Attachment D ZA13-028 Page 3 SURROUNDING PROPERTY OWNERS McDonald's Storage Building 2 3 1 4 6 7 5 • • # 1. Owner Inland Western Slake Corners K Zoning C3 Land Use Regional Retail Acreage 16.71 Response NR 2. McDonald's Corp C3 Regional Retail 1.06 NR 3. Dn Kingston Southlake Lp C3 Regional Retail 0.66 NR 4. Dn Kingston Southlake Lp C2 Regional Retail 1.13 NR 5. Marshall Descendants 2006 Trst C3 Regional Retail 0.92 NR 6. Lowe's Home Centers Inc C3 Regional Retail 14.82 NR 7. Stagliano, Vincent J Etal C3 Regional Retail 0.39 NR Responses: F: In Favor O: Opposed To U: Undecided Notices Sent: Responses Received Seven (7) None (0) NR: No Response Case No. Attachment E ZA13-028 Page 1 N *191 ILIA I Eel ki I ki Eels WIII IN 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 MCDONALD'S ON PROPERTY DESCRIBED AS LOT 1 R2, BLOCK 1, KIMBALL/1709 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 225 N. KIMBALL AVE., 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 McDonald's 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 McDonald's, on property within the City Of Southlake, Texas, located at 225 N. Kimball Ave. and described as Lot 1 R2, Block 1, Kimball/1709 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: 1. Case No. Attachment F ZA13-028 Page 1 SECTION 2. 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: Alicia Richardson, TRMC City Secretary John Terrell, Mayor Case No. Attachment F ZA13-028 Page 2 /:II-3III re1 Property described as Lot 1 R2, Block 1, Kimball/1709 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat filed in Cabinet A, Slide 4551/4552, Plat Records, Tarrant County, Texas and located at 225 N. Kimball Ave., Southlake, Texas. Case No. Attachment F ZA13-028 Page 3 EXHIBIT B Reserved for Approved Plans Case No. Attachment F ZA13-028 Page 4