Item 7ACITY OF
SOUTHLAKE
Department of Planning & Development Services
STAFF REPORT
March 26, 2014
CASE NO: ZA13-137
PROJECT: Zoning Change and Site Plan for Feedstore BBQ
EXECUTIVE
SUMMARY: William Lafavers, owner of Feedstore BBQ, is requesting approval of a zoning
change and site plan for Feedstore BBQ to include a request for a variance to the
Masonry Ordinance No. 557-A, as amended, on property being described as Tract
4D and a portion of Tract 1 F, Hiram Granberry Survey, Abstract No. 581, City of
Southlake, Tarrant County, Texas, located at 530 and 580 South White Chapel
Boulevard, Southlake, Texas. Current Zoning: "S-P-1" Detailed Site Plan District.
Requested Zoning: "S-P-1" Detailed Site Plan District. SPIN Neighborhood # 10.
REQUEST: Mr. Lafavers is requesting approval of a zoning change and site plan from "S-P-1"
Detailed Site Plan District to "S-P-1" Detailed Site Plan District. The requested
zoning change and site plan for the Feedstore BBQ is to accommodate an
expansion of the existing building and parking lot and to include an outdoor
covered patio dining area. The existing building is approximately 3,876 square feet
in area. The proposed expansion is approximately 1,007 square feet for a total of
4,883 square feet or 26%. The existing parking is 44 spaces and the proposed
parking is 68 66 spaces.
Due to the existing conditions, the following variances have been requested:
Masonry Ordinance No. 557-A, Section 1. Exterior Masonry Construction
Requirements — a. Buildings requiring masonry on all sides: All buildings
constructed on property zoned 0-1, 0-2, C-1, C-2, C-3, C-4, B-1, B-2 or
CS under the City's Comprehensive Zoning Ordinance and all buildings
within any residential zoning district which are used for community facility
uses shall have all exterior walls constructed using a masonry material
covering at least eighty percent (80%) of said walls, exclusive of all
windows, doors, roofs, glass construction materials, or sidewalk and walk-
way covers.
o The current and proposed zoning for this property is S-P-1 Detailed
Site Plan District with a base zoning of C-1 Neighborhood
Commercial District uses. The existing building does not meet the
masonry standard. The addition proposed to the building will match
existing colors and material, which is 100% hardi board.
Driveway Ordinance No. 634 — Minimum Centerline Driveway Spacing
along Roadway — Arterial Commercial = a minimum of 250 feet.
o The site has existing driveway conditions. There are two points of
Case No.
ZA13-137
ingress/egress which are approximately 180 feet centerline to
centerline.
• Driveway Ordinance No. 634 — Minimum Storage Length (stacking) — a
minimum of 50 feet is required.
o The existing site and parking configuration does not provide any
storage.
On March 20, 2014, the Planning & Zoning Commission recommended approval of
this item subject to the staff report and the site plan review summary. The
Commission also granted approval of the requested variances. It was discussed
during the meeting that the applicant consider eliminating some parking spaces on
the south end of the building due to the location being so close to S. White Chapel
Blvd. The applicant has revised their plans to reflect two (2) spaces being
removed.
ACTION NEEDED: Consider 1s' reading approval for zoning change and site plan
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information — Link to PowerPoint Presentation
(D) SPIN Report dated November 4, 2013
(E) Site Plan Review Summary No. 3, dated March 12, 2014
(F) Surrounding Property Owners Map and Responses
(G) Ordinance No. 480-435a
STAFF CONTACT: Dennis Killough (817) 748-8072
Lorrie Fletcher (817) 748-8069
Case No.
ZA13-137
BACKGROUND INFORMATION
OWNER: William Lafavers
APPLICANT: Gerald Ward; Ward Architecture PLLC
PROPERTY SITUATION: 530 & 580 S. White Chapel Boulevard
LEGAL DESCRIPTION: Tract 4D and a portion of Tract 1 F, Hiram Granberry Survey, Abstract No.
581, being approximately 1.42 acres.
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: "S-P-1" Detailed Site Plan 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).
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.
Case No. Attachment A
ZA13-137 Page 1
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-1" 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.
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. (ZA03-019)
May 4, 2004; City Council approved a zoning change (from C-1
Neighborhood Commercial District to S-P-1 Detailed Site Plan District) and
site plan in order to bring the existing restaurant and its area under use into
compliance with current zoning regulations. (ZA03-099)
April 5, 2005; City Council approved a revised site plan allowing the
addition of a 3.5 by 3.5 feet water heater enclosure at the southwest corner
of the building; granting the requested variance to allow 100 percent
cement board on the enclosure areas to match the existing building
material and eliminating the proposed outside seating area. (ZA05-008)
Case No. Attachment A
ZA13-137 Page 2
TRANSPORTATION
ASSESSMENT:
PATHWAYS
MASTER PLAN:
Master Thoroughfare Plan
The Master Thoroughfare Plan designates South White Chapel Boulevard
as an 88' 2-lane undivided Arterial.
Existing Area Road Network and Conditions
The subject property is currently unplatted. There are two existing access
drives to the property to the north which are also owned by Mr. Lafavers.
* Based on the 2013 City of Southlake Traffic Count Report
Traffic Impact
* Vehicle Trips Per Day
* AM -In, AM -Out, PM -In and PM -Out are peak hour generators on a
weekday
* Based on the ITE: Trip Generation Manual, 71" Edition
The Pathways Master Plan and Sidewalk Plan indicate a future six (6) foot
sidewalk along both the east and west sides of South White Chapel Blvd.
The applicant has included a regulation in the S-P-1 zoning document
stating that due to existing conditions, the sidewalk construction will not be
provided.
WATER & SEWER: A 12-inch water line is currently in place along the east side of South White
Chapel Blvd. serving the property. Sanitary sewer connection is currently in
place with an existing 8-inch line at the northwest corner of the property.
TREE PRESERVATION: The majority of the landscaping will remain. One (1) existing tree will need
to be relocated or replaced from the west elevation.
SOUTHLAKE 2030 PLAN: The Land Use Designation in the Southlake 2030 Plan is Low Density
Residential. The proposed zoning change and site plan is not changing the
restaurant use that has existed since October 2000. The property has been
operated for commercial purposes since 1950.
Case No. Attachment A
ZA13-137 Page 3
CITIZEN INPUT: A SPIN meeting was held November 4, 2013. The SPIN summary is
attached as Attachment `D' of this report.
PLANNING AND ZONING
COMMISSION ACTION: March 20, 2014; Approved (6-0) subject to Site Plan Review Summary No.
3, dated March 12, 2014 and the staff report dated March 14, 2014. Also,
granting all requested variances as presented.
STAFF COMMENTS: Site Plan Review Summary No. 3, dated March 12, 2014 is attached.
Case No. Attachment A
ZA13-137 Page 4
Vicinity Map
Feeds#are BBQ
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Case No. Attachment B
ZA13-137 Page 1
"S-P-1" 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 4,900 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) A bituminous built-up roof over the outdoor dining patio area shall be allowed.
7) No sidewalk construction along the west side of South White Chapel Boulevard shall be
required adjacent to the property.
8) 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
ZA13-137 Page 1
Project Narrative
W
December 2, 2013
Feedstore BBQ
530 S. White Chapel
Site Plan Amendment Request
City of Southlake, Texas
The owners of Feedstore BBQ located at 530 S. White Chapel would like to propose an expansion
of their building as well as an expansion and circulation cleanup of the existing parking lot. For this
purpose we are requesting a new SP1 zoning and site plan approval which will supercede the
existing SP! Zoning and site plan approval.
The existing restaurant seating capacity will be slightly increased from 98 to 109 with the addition
of a small dining room seating 11. The main addition to the building is the addition of a catering
kitchen. Total main building square footage is increased from 3105 square feet to 4883 square
feet while taking up area previously covered by impervious material. Additional renovations
include the relocation of the toilet rooms for more centralized area and a new pickup counter.
The existing site allows for 49 parking places. By relocating the dumpster to the back with a
masonry clad screen per city requirements, the addition of pickup customer parking at the south
allowed by the paving addition to the south, and new parking to the west allowed by an
additional 18 foot strip of paving to the west, the site has become consolidated with easier traffic
flow circling the building and less congestion with pickup customers, trash removal, and deliveries.
Total paving added is 5758 square feet.
A majority of the existing landscaping will remain. One existing tree will need to relocated or
replaced from the west elevation. A few shrubs will be relocated, and new shrubs and sidewalk
are to be added around the building.
We appreciate your efforts in regard to this matter and look forward to meeting with you in the
near future.
Sincerely,
Ward Architecture, PLLC
6E G
Gerald Ward, AIA, NCARB
Ward Architecture, PLLC • 609 Cheek Sparger Road. Suite 118, Col IeyvIIe, TX 76MA • (81 7) 281-5600
Case No. Attachment C
ZA13-137 Page 2
SITE PLAN PRESENTED TO P&Z
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Case No. Attachment C
ZA13-137 Page 3
Case No.
ZA13-137
REVISED SITE PLAN
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Attachment C
Page 3
Elevations
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FEED STORE BARBEQUE
530 & A PORTION OF 580 S. WHITE CHAPEL BLVD.
TRACT 4D AND A PORTION OF TRACT 1 F,
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Case No. Attachment C
ZA13-137 Page 4
0 SOUTH LAKE
CASE NO.
PROJECT NAME:
SPIN DISTRICT:
MEETING DATE:
MEETING LOCATION
SPIN MEETING REPORT
Formal Submittal Pending
Feed Store Barbeque Expansion
SPIN # 10
November 4, 2013; 6:00 PM
1400 Main Street, Southlake, TX
City Council Chambers
TOTAL ATTENDANCE: Fifteen (15)
SPIN REPRESENTATIVE(S) PRESENT: Monique Schill (SPIN #11)
APPLICANT(S) PRESENTING: Bill Lafavers
STAFF PRESENT: Patty Moos, Planner I and Ken Baker, Senior Director of Planning and
Development Services
STAFF CONTACT: Patty Moos, Planner I: (817)748-8269 or pmoos0-ci.southlake.tx.us
EXECUTIVE SUMMARY
Property Situation
• The property is located at 530 S. White Chapel Boulevard.
Development Details
• Concept plan for expansion of an existing restaurant including expansion of the patio
area in the rear. The remodeling will include kitchen expansion for the increased catering
business and interior and exterior improvements to the building. It will also include a
door in the southeast side within the building for take-out food. The building expansion
will be contained within the area inside the existing parking lot.
• The building expansion, to the rear and southwest, will be a one-story structure
constructed to the same materials as the main building.
• The expansion will include additional parking, increasing from 45 to 62 spaces, and
include pick up spaces for a take-out door at the southeast portion of the building
Case No. Attachment D
ZA13-137 Page 1
The plan presented at SPIN:
EAging Site Plan
Building Eleudians
Case No. Attachment D
ZA13-137 Page 2
Floor Plan
Building Elevations
Case No. Attachment D
ZA13-137 Page 3
Building Elevdions
+ Hovwmany parking spaces will be added? Seventeen (17) Increasing from 45 spaces to
62 spaces.
+ Will there be any to -go parking spaces? Yes, there vtii11 be spaces at the south end of the
building.
6:45 pm
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Case No. Attachment D
ZA13-137 Page 4
SITE PLAN REVIEW SUMMARY
Case No.: ZA13-137 Review No.: Three
Project Name: Zoning Change and Site Plan — Feedstore BBQ
APPLICANT: Ward Architecture PLLC
Gerald Ward
609 Cheek Sparger
Colleyville, TX 76034
Phone: 817-281-5600
Email: Gerald(a)wardarchitectu re. net
Date of Review: 03/12/14
OWNER: William Lafavers
620 S. White Chapel Blvd.
Southlake, TX 76092
Phone: 817-233-1100
Email: memanpapa@feedstorebbq.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
03/03/14 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 LORRIE FLETCHER AT Ifletcher ci.southlake.tx.us (817) 748-8069 or DENNIS KILLOUGH
AT dkillougha-ci.southlake.tx.us (817) 748-8072.
Planning Comments — Lorrie Fletcher / Ifletcher(a-ci.southlake.tx.us / 817-748-8069
All lighting must comply with the Lighting Ordinance No. 693, as amended with regard to type of
lighting, intensity, glare and spill -over.
2. The existing building is located within a Residential Overlay Zone. Specific residential adjacency
standards are required. A variance to the Masonry Ordinance No. 557, as amended, has
been requested.
3. Due to the appearance of a ± 20% increase to driveway trip generation, the regulations for
driveway spacing and driveway stacking are applied. Driveway Ordinance No. 634 — Minimum
Centerline Driveway Spacing along Roadway — Arterial Commercial = a minimum of 250 feet.
Driveway Ordinance No. 634 — Minimum Storage Length (stacking) — a minimum of 50 feet is
required. A variance to the Driveway Ordinance No. 634 has been requested regarding both
spacing and stacking.
Landscape Review — Keith Martin / 817-748-8229 / kmartin(a-)_ci.southlake.tx.us
The proposed building addition does not exceed 30% or 5,000 square feet of the existing building
square footage. The existing and proposed landscaping exceeds what would be required to be
provided for the proposed building addition.
Existing buildings: Buildings in existence on the effective date of the Landscape Ordinance shall
be considered legally nonconforming as it pertains to the ordinance. New construction greater in
size than 30% of the existing building or greater than 5,000 square feet shall require compliance
with this ordinance as it applies to the entire square footage of the existing building and proposed
addition. New construction intended to increase the square footage by less than 30% of the
existing building or less than 5,000 square feet shall be required to meet the requirements of the
Landscape Ordinance only as it pertains to the square footage of the new construction.
Case No. Attachment E
ZA13-137 Page 1
Fire Marshal Review — Kelly Clements / 817-748-8671 / kclements(a-)-ci.southlake.tx.us
GENERAL COMMENTS:
Restaurants classified as an A-2 occupancy will require an automatic sprinkler system with an
occupant load in excess of 100.
All sprinkled buildings are required to be equipped with a fire alarm in compliance with NFPA 72,
the 2009 International Fire Code, and the City of Southlake amendments.
A complete set of plans for the underground fire protection line, fire sprinkler system, and fire
alarm system shall be submitted to Reed Fire Protection for review and approval at 14135
Midway Road in Addison, Texas 75001. Business phone is 214-638-7599.
A 5 inch Storz Connection shall be installed on the Fire Department Connection, whether the
FDC is on the building or installed remotely, with a locking Knox cap attached to the FDC to
prevent debris from entering the connection.
An exterior audible/visual fire alarm device must be installed above the Fire Department
Connection to indicate when a fire alarm condition is present in the building, or located as near as
possible to the FDC, on the building, if the FDC is installed remotely.
All air handlers in excess of 2000 cubic feet per minute air movement shall have a duct smoke
detector installed on the return side of the unit. Upon activation of the detector, it shall send an
alarm signal to the fire alarm panel and also shut down the air handler unit.
The required backflow protection (double check valve) for the sprinkler system can be located on
the riser if the riser is within 100 feet of the water main. If the riser is further than 100 feet from
the main, the double check valve shall be in a pit. Riser rooms shall be a minimum of 5'X5' if the
double check is not located on the riser, or a minimum of 6'X6' if it is on the riser.
FIRE HYDRANT COMMENTS:
A fire hydrant shall be within 100 feet of the Fire Department Connection, and the Fire
Department Connection within 50 feet of fire lane access.(Fire Department Connection location
not indicated on plans)
Public Works Review — Alex Ayala / 817-748-8274 / aayala(a-ci.southlake.tx.us
GENERAL COMMENTS:
The discharge of post development runoff must have no adverse impact on downstream
properties and meet the provisions of Ordinance # 605.
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.
Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15'
minimum and located on one lot — not centered on the property line. A 20' easement is required if
both storm sewer and sanitary sewer will be located within the easement.
Case No. Attachment E
ZA13-137 Page 2
Coordinate the location and installation of the fire hydrant with the Public Works Operations
department by calling 817-748-8079.
INFORMATIONAL COMMENTS:
Submit 4 copies of the civil construction plans (22" x 34" full size sheets) and a completed
Construction Plan Checklist as part of the first submittal for review directly to the Public Works
Administration Department. The plans shall conform to the most recent construction plan
checklist, standard details and general notes which are located on the City's website.
http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp
A Developer's Agreement may be required for this development and may need to be approved by
the City Council prior to any construction of public infrastructure. Construction plans for these
improvements must be acceptable to Public Works prior to placing the Developer's Agreement on
the City Council agenda for consideration.
Payment, Performance and a separate 2-year Maintenance Bond for public infrastructure shall be
required for this development. The 2-year Maintenance Bond shall be bound only unto the City of
Southlake. The Maintenance Bond cannot be tied to the Performance and Payment Bond in any
way as required per the Commercial Developer Agreement.
Any hazardous waste being discharged must be pretreated, Ordinance No. 836.
_________________________Informational Comments=====____________________
No review of proposed signs is intended with this site plan. A separate building permit is required
prior to construction of any signs.
All mechanical equipment must be screened of view 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.
All development must comply with the Zoning Ordinance No. 480, Section 43, Residential
Overlay Zone requirements.
Development must comply with all requirements in Zoning Ordinance No. 480, Section 33.21,
Building Color Standards for Non -Residential Buildings.
Denotes Informational Comment
Case No. Attachment E
ZA13-137 Page 3
SURROUNDING PROPERTY OWNERS
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Owner
Zoning
Address
Acreage
Response
1.
Linkous, J Ronald Etux Regina
AG
500 S White Chapel Blvd
1.90
O
2.
Fv-1 Inc
SF1-A
533 S White Chapel Blvd
3.93
NR
3.
Anderson, Wilfred E Etux V
SF1-A
555 S White Chapel Blvd
3.04
F
4.
Lafavers, William E & Phyllis
AG
S White Chapel Blvd
5.39
NR
5.
Lafavers, William E & Phyllis
SP1
530 S White Chapel Blvd
0.18
NR
6.
Kuelbs, John A Etux Tyler
RE
591 & 611 S White Chapel Blvd
5.87
F
7.
Lafavers, William E
AG
620 S White Chapel Blvd
1.45
NR
8.
Fambro, Kenneth W II
SF20A
317 Edinburgh Ct
0.60
NR
9
Crump, Christopher & C
Oconnor
SF20A
325 Edinburgh Ct
0.48
NR
10.
Koh, Andrew Y Etux Rachel I
SF20A
321 Edinburgh Ct
0.63
NR
11.
Lafavers, William E & Phyllis
SF30
520 S White Chapel Blvd
0.73
NR
12.
Lafavers, William E & Phyllis
AG
S White Chapel Blvd
4.97
NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Twelve (12)
Responses Received: Two (2) see attached response forms
Public Hearing Responses: One (1) within 200 feet; Five (5) outside 200 feet see attached list
Other Responses: Two (2) outside 200 feet see attached correspondence
Case No. Attachment F
ZA13-137 Page 1
Notification Response Form
ZA13-137
Meeting Dates: March 20, 2014 at 6:30 PM
April 15, 2014 at 5:30 PM
Linkous, J Ronald Etux Regina
500 S White Cpl Blvd
Southlake Tx 76092
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 Zoning Change and Site Plan referenced above.
Space for comments regarding your position:
17/ 4 10-1 "A ry
01VT farlkrl #o4. Wks
/� -- Ad y ol` -9c G',r 6,"<
rGriN9v�J mvl�� /Uo�s�' Irv�G, /�1.✓ as
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Signature: Date: 3-/,'-J1l
Additional Signature: Date:
Printed Name(s): "D l�or/j
Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Department. One form per property.
Phone Number (optional):
Case No.
ZA13-137
Attachment F
Page 2
Notification Response Form
ZA13-137
Meeting Dates: March 20, 2014 at 6:30 PM
April 15, 2014 at 5:30 PM
Kuelbs, John A Etux Tyler
611 S White Cpl Blvd
Southlake Tx 76092
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
:inlfavor of� opposed to undecided about
(circle or underline one)
the proposed Zoning Change and Site Plan referenced above.
Space for comments regarding your position:
SS
Signature:
Additional Signature:
Date: 4
Date:
Printed Name(s): I U I & (A)( 0 5
Must be property owner(s) whose naine(s) are prin ed at top. Otherwise contact the Planning Department. One form per property.
Phone Number (optional):
Case No. Attachment F
ZA13-137 Page 3
Cards received during the Planning & Zoning Commission public hearing
One (1) within 200 feet of the subject property:
• Wilfred Anderson, 555 S. White Chapel Blvd. — in support
Five (5) outside 200 feet of the subject property:
• Belva Meline, 1341 Meadow Glen — in support
• Scott & Monica Meeks, 308 Blanco Circle — in support
• Jack Luna, 1402 Robin Lane — in support
• Bob Seebeck, 480 W. Highland Street — in support
• Doris Lafavers, 303 E. Highland Street — in support
Case No. Attachment F
ZA13-137 Page 4
3/24l2014 Uaouthlal®.bws Mail - Fwd: Feedstore Barbecue P&Z ItemZA13=137
Fwd: Feedstore Barbecue P&Z Item ZA13-137
Ken Baker <kbaker@ci.southlake.tx.us> Fri, Mar 21, 2014 at 4:24 PM
To: Holly Blake <hblake@ci.southlake.tx.us>, Lonie Fletcher <Ifietcher@ci.southlake.tx.us>, Dennis Killough
<dki Ilough@ci. southlake.tx. us>
Forwarded message
From: John Terrell <mayor-int@ci.southlake.tx.us>
Date: Fri, Mar 21, 2014 at 3:50 PM
Subject: Fwd: Feedstore Barbecue P&Z Rem ZA13-137
To: Shane Yelverton<syelverton@ci.southlake.tx.us>, "Kenneth (Ken) Baker" <kbaker@ci.southiake.tx.us>
FYI
Sent from my iPad
Begin forwarded message:
From: George Grubbs Jr.
Date: March 20, 2014 at 5:37:42 PM CDT
To. "mayorandcitycouncil@ci.southlake.tx.us" <mayorandcitycouncil@ci.southlake.tx.us>
Subject: Feedstore Barbecue P&Z Item ZA13-137
Dear Southlake City Council members,
My name is George Grubbs and my wife and I have lived at 702 S. White Chapel for 17 years.
When we came to this part of Southlake we purchased a 10 acre tract of land and plot it with Pat
Summerall for each of us to build out final homes. On each side of us were 15 acre tracts of land
which still exist and large tracts of land across the street also. We loved the large country feel
right here in the middle of the metroplex. There was a small feed store just in front of our northern
neighbors property and they primarily sold dog food and some feed but had very little traffic so we
never thought it might be approved to become a business that generated a lot of traffic. Then our
next door neighbor got permission to turn it into a Barbecue restaurant, Feedstore Barbecue. We
were shocked because that would be a large amount of traffic on what was only a two lane
residential road and the business was right up next to the road and did not provide proper setbacks
but it was approved and the restaurant opened. That was a disappointment but I understand that
because it had always been a business Southlake felt compelled to allow "another business" even
though it was a completely different use and generated a totally different amount of traffic. Victory
#1 for Feedstore
Then to our shock a few years ago the Feedstore Barbecue asked for permission to expand the
business and expand the parking. I could not believe that residential land that was zoned
agricultural would be allowed to be used for business parking and effectively rezone agricultural land
in a residential neighborhood into more business property. How could this be happening especially
in our beloved Southlake. But it was approved I was told because the city wanted to see some
improvements to the building and the parking lot and this was the best way to bring the business
up to standards. I was shocked because I can't see any council member wanting a business next
Case No. Attachment F
ZA13-137 Page 5
3(24=14 Ci.southral®.txus Mail - Fwd: Feedstore Barbecue A&Z Item ZA13-137
door to expand. Surely this goes against all zoning plans and city plans for development. Victory
# 2 for Feedstore
Then last year my neighbor who owns Feedstore Barbecue built a new huge metal bam in his back
yard that my back yard looks out on. I am told it has been finished out and someone now lives
there. Again I asked myself how Southlake would allow a commercial large metal bam to be built
without asking for a different building material or a look that would It in better to the million dollar
houses that look out on the bam from the north and the south. Again Southlake seemed to allow a
building without any desire to protect the neighborhood. Victory #3 for Feedstore
Last year we also hear our neighbor was trying to put a cell tower in his back yard. It got pulled off
the table at the last minute but it was consistent with this neighbor not caring what harm he does
to the neighborhood or neighbors. I like Feedstore Barbecue and I like the Lefaver family but that
doesn't mean we should continue to allow them to destroy this neighborhood. At the last time the
expansion was being discussed at P& Z the reason one council member gave for being in favor of
the expansion was that he ate there and liked their barbecue. Check the minutes and you'll see
that was the reason he gave. i just don't see how Southlake can continue with such poor reasons
to expand a business in a residential neighborhood. This cell tower is still pending I understand?
Now the latest request is on the agenda. Item ZA13-137 is on tonights P&Z agenda. Feedstore
Barbecue is asking to once again expand their building and expand their parking, even adding an
outdoor area for more noise. When does this stop? When is enough enough? When is the city
council going to enforce the Southlake master plan for zoning? When is council going to recognize
that to expand a business in a residential neighborhood is just not good for Southlake? ft is not
good for traffic on this two lane road, it is not good for neighbors, and it is not what any of us want
for our city.
It is difficult to speak against a neighbor, especially one that is well liked because of his "good
Barbecue". All of us want to provide for our family in the best way possible and if Lefawe who got
hundreds of thousands for his gas lease two years ago wants a larger business then perhaps he
should consider selling the feedstore property and adding some of the agriculture property with it to
someone to build a new home on. He has 15 acres of prime real estate. He could make a millions
of dollars and still retain large acreage, his home and large bam. There are lots of options Mr.
Lefavre has other than expand this business further in our neighborhood. Relocating the business
would be consistent with the neighborhood development, allow him to build as big a business as he
wants and provide a tremendous amount of funding with the price of Southlake land. If he wants to
stay then ask that he stay without any further expansion. His choice. Move and expand or stay as
is.
I just ask you to decide what you would do if this grandfathered business that would never be zoned
now, was next door in your neighborhood. Please don't approved any further enlargement of this
business. Thank you for taking the time to read all this. I really do appreciate your attention.
Thank you for your service,
George Grubbs, Jr.
Case No. Attachment F
ZA13-137 Page 6
March 21,2014
en a er
Development`Director
City- of Southlake
1400 Main St.- Suite 310
Southlake, Texas
76092
re: Feedstore Barbeque
Dear Mr. Baker:
MAR 2 2�1
Dent
To say I am disappointed in you is an understatement. The
previous Development Director was "canned" for his "Good Ole
Boy" development decisions. In recent years Southlake has
attempted to clean-up it's past of Gary Fickes, Joe Wright and David
McmAati, "Good'Ole Boy" development decisions. The first time a
group of residents met with Mayor Fickes to express our concerns
abouta. proposed Mike Farhat Texaco Station & a Goodyear Tire
Store on the NW corner of S. White Chapel & Continental, Mr.
Fickes advised us to go home & tend to our yards & he would run
Southlake. A residential revolt was started that resulted in Mr. Fickes
resigning, Joe Wright being replaced, Curtis Hawkes City Manager
being forced out & eventually the entire City Council & P&Z
Commission being replaced.
When Mr. Lafavers was granted SP-1 zoning(read the minutes) &
he agreed & the Council stated this was all the allowances he wanted
& would need. This was done to cover M. Lafavers "bootlegged"
expansion that appx. increased his sq. ft. from 1000 to 2000. Now
you come along and are agreeable to a "Good Ole Boy"
development decision that there is NO sound Planning basis and is
completely inconsistent with your stellar credentials. Mr. Baker this
Case No. Attachment F
ZA13-137 Page 7
does not pass the "smell taste"i This I can assure you, if your intent
is to favor a network of "Good Ole Boys" with your situational
development favors the residents will spotlight these matters as in
the past. You have a set of Ordinances to guide you on Southlake
development. How would you feel if Southlake allowed a
Barbeque/Beer joint continual expansion in your neighborhood
causing traffic & safety issues and in conflict with sound Southlake
development as well as favoritism? We will be challenging this
recommendation as well as monitoring your future approvals. I
would appreciate a meeting or a phone call with you to be informed
of the basis for approving such an ill -suited & unsound & partial
development recommendation.
Sincerely,
Gary Hargett
1111 S. White Chapel Blvd.
Southlake, Texas
76092
Case No. Attachment F
ZA13-137 Page 8
ReCelved
Attention Neighbors, MAR 2 `' 2014
Nvn�- nf: Dept
re: ANOTHER FEEDSTORE BARBEQUIE
EXPANSION
Attached is an article from March 19, 2014, The
Southlake Journal stating Mr. Lafaver is once again
requesting Southlake to allow an expansion to his business in
our neighborhood. It was just a few years ago that Mr.
Lafaver "bootlegged" approximately doubling the Feedstore
size. When caught by Southlake, he was given approval for
the unauthorized expansion. Mr. Lafaver frequently uses the
agricultural zoned cow pasture to the rear for parking.
1. Do you believe another Feedstore expansion will have a
detrimental effect on your estate properties value ?
2. Do you approve of additional alcohol consumption in
your neighborhood ?
3. Will the additional traffic be detrimental and pose risks
for the school bus traffic
While it is inspiring to witness a hometown business
prosper, however, that business should be confined to the
approved current size. There are currently numerous
vacant commercial facilities available in Southlake for
expansion. If this is a concern to you, please notify
Southlake's Mayor, Council Members & Planning &
Zoning Members. Sincerely, Gary Hargett, 1111 S. White
Chapel Blvd. Southlake, Texas, 76092
Case No. Attachment F
ZA13-137 Page 9
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Attachment F
Page 10
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-435a
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, HIRAM GRANBERRY SURVEY, ABSTRACT NO. 581,
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING
APPROXIMATELY 1.42 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-1" DETAILED
SITE PLAN DISTRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT 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,
WHEREAS, the hereinafter described property is currently zoned as "S-P-1" Detailed Site Plan
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
Case No.
ZA13-137
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 and 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 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
Case No.
ZA13-137
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 1 F, situated in the H. Granberry Survey, Abstract
No. 581, being approximately 1.42 acres, and more fully and completely described in
Exhibit "A" from "S-P-1" Detailed Site Plan District to "S-P-1" Detailed Site Plan District as
depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit
"B," and subject to the following conditions:
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
Case No.
ZA13-137
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 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
Case No.
ZA13-137
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
in its entirety on the City website together with a notice setting out the time and place for a public hearing
thereon at least ten (10) days before the second reading of this ordinance, and it 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 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 April, 2014.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2014.
MAYOR
ATTEST:
CITY SECRETARY
Case No.
ZA13-137
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No.
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EXHIBIT "A"
Being Tract 4D and a portion of Tract 1 F, situated in the H. Granberry Survey, Abstract No. 581,
and being more particularly described by metes and bounds as follows:
COMMENCING at a 1/2" iron found at the northwest corner of the herein described tract,
said point being the most northerly northeast corner of Lot 5, H. Granberry No. 581
Addition, as shown on a plat recorded in Cabinet A, Slide 1976, Plat Records, Tarrant
County, Texas, (PRTCT), said point also being in the south line of Lake Crest Addition to
the City of Southlake as shown on a plat recorded in Cabinet A, Slide 1541, PRTCT;
THENCE S. 890-22'-39" E. 774.06 feet to the Point of Beginning;
THENCE S. 890-22'-39" E. 135.26 feet;
THENCE N. 860-42'-39" E. 176.83 feet;
THENCE S. 360-40'-06" W. 75.24 feet;
THENCE S. 290-13'-12" W. 74.80 feet;
THENCE S. 21 °-40'-50" W. 75.04 feet;
THENCE S. 140-30'-37" W. 65.53 feet;
THENCE S. 870-46'-14" W. 54.49 feet;
THENCE S. 000-48'-00" W. 22.23 feet;
THENCE S. 890-46'-05" W. 129.98 feet;
THENCE N. 000-38'-11" W. 274.12 feet to the Point of Beginning and containing 1.422
acres, more or less.
Case No.
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EXHIBIT "B"
Reserved for approved site plan and zoning documents
Case No.
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