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13-017 RESOLUTION NO. 13 -017 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 1R2, 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 PLANS 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 45.3 of the City's Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. A Specific Use Permit is hereby granted 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 plans 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: Resolution No. 13 -017 Page 1 1. Pursuant to site plan review summary No. 3, dated March 27, 2013; a. Please make the following changes to the Site Data Summary Chart: Revise the building footprint area to include the cooler /freezer area. ii. 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 ". 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. iv. 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; 2. Noting the requirement that applicant will provide a neutral color for the roofing membrane element for the storage building; 3. Approving requested variances to Sections 45.16(a) and 45.16(i) —three -foot side setback for accessory building and roof as presented in the elevations (see attached Variance Request Letter in Exhibit B). An ordinance to amend Zoning Ord. No 480 that allows City Council to grant variances to requirements specified in Section 45, Specific Use Permits, was approved April 2, 2013 prior to City Council hearing this case. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS 2 DAY OF April, 2013. CITY OF SOUTHLAKE By: t 11, John Terre , Mayor ATTEST: °^' • ZKIAk� tilAtt4f VeejZ411 O • • Alicia Richardson, TRMC v City Secretary `'•••.••• Resolution No. 13 -017 Page 2 EXHIBIT A Property described as Lot 1R2, 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. Resolution No. 13 -017 Page 3 EXHIBIT B SITE PLAN r-.- eaertmc-. - - y . , .,. ,.r" • r _ - nAw-!.'i tw�w d-su 3 <t J - _ _ ..... ,e/ imp R EOaI.OY � � ` -- , NOME -- - -- C -- 30.44. 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"Y° Resolution No. 13 -017 Page 4 ELEVATION 13' -4" 8' -4" TRASH CORRAL STRG. BLDG. T/ WALL/ GATES ST/R00 8' —O" ` 9' O METAL FASCIA 16 GA METAL "F" PANEL PAINTED PANEL. PAINT TO MATCH BRICK FACE BRICK OVER CMU HM DOOR & BACKUP. PAINT TO / FRAME, PAINT MATCH BASE BLDG. TO MATCH BRICK NEW TRASH/ STRG ACCESSORY BLDG -pr = Resolution No. 13 -017 Page 5 TREE CONSERVATION PLAN �, o - _ / / / / ■ \ j � /� ' �_I — --- _ - / �„ 4 �.,® , . / ar>' 1i! l5S�— — -- lw / amemo Par v / / / A / \ — r a �es. � ica� .mvirzr'_w°._ .�......� r s :4:4: i. ' `)1 s it I �.,,...�. A r \ — - __ iI -- . /nom / / y I ' i4.. • 9 P o�sxnrusrW -u 3 , 3 / i 7 \ J j� ,, .- A• = . Vim Mil, P.4772 6 / A ' t S , q � \ PI ...1 0. : 4 l I A vt i.,..,...t. -. , ii i----....._ ,-0-,,, .4. i . \ 1 ; , 41. / \ / . I. ... ...�1 1c 1 n 1 I 1 I r i I ,. r 1% \ rea - i - M Sm� ....... 813.1950 9]O I M I 1.07.1ftt 1 S6 MAC \ \ \ 1 Resolution No. 13 -017 Page 6 r r' LANDSCAPE PLAN iV m iablc \\ kith R. 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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 building /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 817.328.3299 7BPE Reg. No. F -1002; xlvw.adams- engineering.com Resolution No. 13 -017 Page 8 Adams 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 • Southlake. Texas 76092 817.328.3200 • FAX 817.328.3299 TBPE Reg. No. F -1002; www.adams- engineering.com Resolution No. 13 -017 Page 9 INVOICE Star - Telegram Customer ID: CIT57 808 Throckmorton St. Invoice Number: 324748871 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 3/13/2013 Federal Tax ID 26- 2674582 RECEIVED Terms: Net due in 21 days Due Date: 3/31/2013 Bill To: APR - 3 2013 PO Number: 21300100 CITY OF SOUTHLAKE 1400 MAIN ST CITY OF SOUTHLAKE Order Number: 32474887 STE 440 FINANCE DEPARTMENT Sales Rep: 073 SOUTHLAKE, TX 76092 -7604 Description: PUBLIC HEARING Attn: Attn: ACCOUNTS PAYABLE Publication Date: 3/13/2013 PUBLIC HEARING NOTICE CITY OF I3580 1 92 92 LINE $17.27 $1,589.24 Sales Discount ($1,441.92) Misc Fee $10.00 Net Amount: $157.32 s t ^ Y O`B7 CHRISTY LYNNE HOLLAND =_- ` : Notary Public, State of Texas L " f +; My Commission Expires ' %FdF��� July 3 2016 THE STATE OF TEXAS .....,....��.. County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was public in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215 -2323 1 ilk Signed ' go SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, Marc, 18 0/ . ' Notary Public / - �— - _ Thank You For Your Payment Remit To: Star - Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101 -2051 Invoice Number: 324748871 Invoice Amount: $1 57.32 PO Number: 21300100 Amount Enclosed: $ �� 1 ( Legal Notices PUBLIC HEARING NOTICE CFW OF SOUTHLAKE, TEXAS Notice is hereby given to all inter- ested persons that the City of Southlake, Texas, will consider the following items in the Council Chambers at Town Hall, 1400 Main Street, Southlake, Texas for: Zoning Board of Adjustment on Thursday, March 28, 2013, at 6:30 p.m. will hold a public hearing and consider: • ZBA -633, Special Exception Use per Ordinance No. 480, Section 44.12(2) to allow construction of accessory buildings or structures of a size or aggregate size greater than permitted. The request is being ( made by the applicant, Mike Folts, on property described as Lot 3, Block 1, The Trailhead, an addition to the City of Southlake, Tarrant County, Texas, and located at 604 Trailhead Dr., Southlake, Texas. The current zoning is "SF -20A" Single Family Residential District. City Council on Tuesday, April 2, 2013, at 5:30 p.m. or immediately following the City Council Work �essinn_ will holdublic hearing_ and consider: • Ordinance No. 480 -635, (ZA13 -017), Zoning Change and Concept Plan for 2009 E. Highland Street on property being described as Tract 2F, T. Mahan Survey, Abstract No. 1049, Southlake, Tarrant County, Texas and located at 2009 E Highland St., Southlake, Texas. The Current Zoning is "AG" Agricultural Zoning District. The Requested Zoning is "SF -1A" Single Family Residential Zoning District. SPIN Neighborhood # 4. • Resolution No. 13 -014, (ZA13 -026), Specific Use Permit for temporary construction and /or sales facility on property being described as Lot 11, Block 6, Shady Oaks Phase 2F, Southlake, Tarrant County, Texas and located at 908 Berkshire Road, Southlake, Texas. Current zoning is "R -PUD" Residential Planned ' Unit Development District. SPIN Neighborhood 1 6. • ZA13 -022, Site Plan for McDonald's on property located at 225 N. Kimball Ave., Southlake, Texas and described as Lot 1R2, Block 1, .m 4itior— to the City of Southlake, Tarrant County, Texas. Current zoning is "C -3" - General Commercial Dis- trict. SPIN Neighborhood # 8. • Resolution No. 13 -017, (ZA13 -028), Specific Use Permit for a storage building at McDonald's on property located at 225 N. Kimball Ave., Southlake, Texas and described as Lot 1R2, Block 1, Kimball /1709 Addition, an addition to the City of Southlake, Tarrant County, Texas. Current zoning is "C -3" - General Commercial District. SPIN Neigh- borhood # 8. • Resolution No. 13 -018, (ZA13 -029), Specific Use Permit for carports on non- residential property for the Memo Corporation on . property being described as Lot 1, Block A, Entek Addition an addition to the City of Southlake, Tarrant County, Texas located at 722 S Kimball Ave., Southlake, Texas. The current zoning is "1 -1" Light Industrial Zoning District. SPIN Neighborhood #8. All interested persons are urged to attend. City of Southlake Alicia Richardson, TRMC City Secretary