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Item 6ACITY OF SOUTHLAKE Department of Planning & Development Services STAFF REPORT April 9, 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. On April 1, 2014, the City Council approved the first reading subject to specific items listed in first column. The applicant's response for second reading consideration has been listed in second column: City Council 1s` reading Applicant's Response In review of alternatives, to relocate this entry to the back behind the mechanical yard would have a significant impact on the size of the new catering kitchen. Relocating the entry with the existing office would also have an impact to the Prior to the second reading, catering kitchen as it would need to be relocated the applicant will work with to that area. It was also noted that customers staff to address alternative going to main entry who park on the south side of locations for the walk-up the lot will continue to walk in this direction to the window to demonstrate to front door. In review of the situation with staff it Council it's requirements meet was noted that the roadway is currently a same current location. minimum of 20 feet away from building. We also 1 note that there are a number of underground Also work with staff to address utilities in the easement between the roadway safety concerns if indeed a and the building. pick-up window is located; Our proposal is to provide substantial stone present concern could include boulders at approximately 8 foot apart from the alternative landscaping and/or existing sign and planters to the southern parking bollards to ensure pedestrian area providing a barrier between the pedestrians safety. and the vehicular traffic. They would be placed 12 feet away from the road and allow approximately 8 foot of walkway for pedestrians. The existing plants on the front elevations at the southeast corner will be removed to allow for maximum width of walk. Also noting that the applicant will come forth with revised We have added brick masonry to the entire south elevation on south side of the elevation to match the existing brick material as 2 building which may include a well as it's current height to the top of the door big brick masonry veneer head. The `articulated chimney' that currently which is consistent with the exists as all James Hardy Board will remain as is. existing building; it shall be at least 8 to 10 feet in height or at Case No. ZA13-137 ACTION NEEDED: ATTACHMENTS: least consistent with height of masonry veneer that is on the building as it exists today Also noting the applicant will bring forward to Council more 3 definitive terms and conditions The owners would propose to meet all city in regard to any music that mandated sound ordinances. may be played on the patio on the west side of the building. From the existing picture you will note meters, disconnect switches, thru wall air conditioners, and rooftop hood vents that are visible. The main intent for the south side is to screen all ground and wall mounted equipment. We intend to do so with the proposed extension to the existing wooden privacy fence. The new roofline of the expansion will screen all rooftop equipment. The existing power lines and poles that cross the south side of And, show on the south side of the lot to the building will be removed. The power the building, how the will be brought to the building from the existing 4 mechanical equipment will be power pole at the south property line screened by the fencing underground under the parking lot material and enter the building on the south side. The electric meter will be in the new fenced in mechanical yard. All telephone and electrical connections and cut offs will be relocated inside the new fenced in mechanical yard and mounting height to be below the fence height. All ground mounted equipment will be located in the fenced in mechanical yard. The two wall mounted air conditioning units will be relocated as necessary so as not to be visible above the fence. With these actions we feel the south elevation of the building will be cleaned up and there will be no mechanical equipment exposed. The applicant has submitted a response letter to the City Council first reading motion and it has been included in Attachment `C' of this report. 1. Conduct public hearing 2. Consider 2nd reading approval for zoning change and site plan (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 rural character of the property or the restaurant use that has existed since October 2000. This 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. CITY COUNCIL ACTION: April 1, 2014; City Council approved the first reading (7-0) subject to the following: • Site Plan Review Summary No. 3, dated March 12, 2014. • Approving the variances as noted to the Masonry Ordinance and Driveway Ordinance. • Prior to the second reading, the applicant will work with staff to address alternative locations for the walk-up window to demonstrate to Council its requirements meet same as current location. • Also work with staff to address safety concerns if indeed a pick-up window is located; present concern could include alternative landscaping and/or bollards to ensure pedestrian safety. • Also noting that the applicant will come forth with revised elevation on south side of the building which may include a big brick masonry veneer which is consistent with the existing building; it shall be at least 8 to 10 feet in height or at least consistent with height of masonry veneer that is on the building as it exists today. • Also noting the applicant will bring forward to Council more definitive terms and conditions in regard to any music that may be played on the patio on the west side of the building. • And, show on the south side of the building, how the mechanical equipment will be screened by the fencing material. 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 212 209 OLU af 214 213 208 211, N 216 215 210 CADDO o E 218 U 217 312 313 DR 219 310 311 a 220 0 9 0 300 a 410 341 343 321 640 1 620 700 I? 210 225 W 1-i aa -'T,g 211 Q? C� 0 Zoning Change & Site Plan 0 360 760 1,520 Feet 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 Response Narrative to 1s' Reading A/ NARRATIVE OF REVISIONS April 7, 2014 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 appreciate the comments received to date and have addressed them for your review as indicated below. We hope this will allow the council the opportunity to approve our request for a new SP1 zoning and site plan approval. 1. The pick up and go entry location will be reviewed for possible alternative locations as well as safety of pedestrians entering from the south side to either the pick up entry or the main entry. In review of alternatives, to relocate this entry to the back behind the mechanical yard would have a significant impact on the size of the new catering kitchen. Relocating the entry with the existing office would also have an impact to the catering kitchen as it would need to be relocated to that area. It was also noted that customers going to main entry who park on the south side of the lot will continue to walk in this direction to the front door. In review of the situation with staff it was noted that the roadway is currently a minimum of 20 feet away from building. We also note that there are a number of underground utilities in the easement between the roadway and the building. Our proposal is to provide substantial stone boulders at approximately 8 foot apart from the existing sign and planters to the southern parking area providing a barrier between the pedestrians and the vehicular traffic. They would be placed 12 feet away from the road and allow approximately 8 foot of walkway for pedestrians. The existing plants on the front elevations at the southeast corner will be removed to allow for maximum width of walk. 2. Revise south elevation to add brick veneer masonry consistent with existing building. We have added brick masonry to the entire south elevation to match the existing brick material as well as it's current height to the top of the door head. The `articulated chimney' that currently exists as all James Hardy Board will remain as is. 3. Define terms and conditions of any music that may be played on the patio on the west side of the building. The owners would propose to meet all city mandated sound ordinances. 4. Show the south side of the building indicating how all mechanical equipment will be screened. From the existing picture you will note meters, disconnect switches, thru wall air conditioners, and rooftop hood vents that are visible. The main intent for the south side is to screen all ground and wall mounted equipment. We intend to do so with the proposed extension to the existing wooden privacy fence. The new roofline of the expansion will screen all rooftop equipment. The existing Ward Architecture, PLLC • 609 Cheek Sparger Road. Suite 118, Colleyville, TX 76034 • (817) 281-5600 Case No. Attachment C ZA13-137 Page 3 power lines and poles that cross the south side of the lot to the building will be removed. The power will be brought to the building from the existing power pole at the south property line underground under the parking lot and enter the building on the south side. The electric meter will be in the new fenced in mechanical yard. All telephone and electrical connections and cut offs will be relocated inside the new fenced in mechanical yard and mounting height to be below the fence height. All ground mounted equipment will be located in the fenced in mechanical yard. The two wall mounted air conditioning units will be relocated as necessary so as not to be visible above the fence. With these actions we feel the south elevation of the building will be cleaned up and there will be no mechanical equipment exposed. Sincerely, \,,Ward Architecture, PLLC Gerald Ward, AIA, NCARB Case No. Attachment C ZA13-137 Page 4 SITE PLAN PRESENTED TO P&Z c 3 3 y H _m D _ p _o A s sg F� £fig. PHI J '<v6� Q i 0 /\ �\/I I I O /� I /\/)/\') n D tl 6 o� ...... .'::::::::::::"y3�:::::::::;:::::;::::::::::;::::::::::;:::::::::::::::::::::::::::;:::::::::::::::::::: C 111 9 m o m P £5 S S �Co000 :::::•: n�fi ��=Rg d;� o. :::•. �Q. Rm�o�� iK�o o o ::::' Oo :ti::: £C $ dale N d5n a N. c 3000p9� ems€a I b 'A H � �YSdaim— � I$ 4g vg u as ;e t° FEED STORE BARBEQUE $m gp 0 m ' 530 8 A PORTION OF 580 S. WHITE CHAPEL BLVD. TRACT 4D AND A PORTION OF TRACT 1 F, w s HIRAM GRANBERRY SURVEY, ABSTRACT NO. 581, - O e BEING APPROX. 1.42 ACRES CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS pia Case No. Attachment C ZA13-137 Page 5 Case No. ZA13-137 Revised Site Plan Presented at 1s' reading D c R m FEED STORE BARBEQUE Q sm E 530 & A PORTION OF 580 S. WHITE CHAPEL BLVD. 0 m ' TRACT 4D AND A PORTION OF TRACT 1 F, € g89g£ #rei s O 5 HIRAM GRANBERRY SURVEY, ABSTRACT NO. 581, N BEING APPROX. 1.42ACRES �a - CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS Attachment C Page 6 Current Revised Site Plan oe s a g �A D D t( d Y m i S::•..�sa� �FI� w �y f W �ygaF< tee. Mill 't�eee t O �� I PI e. l' FEED STORE BARBEQUE 530 & A PORTION OF 580 S. WHITE CHAPEL BLVD. s6@@o ° y 9 � 3 TRACT 4D AND A PORTION OF TRACT 1 F, A ��9 6 ' O HIRAM GRANBERRY SURVEY, ABSTRACT NO.581, e g s N BEING APPROX. 1.42ACRES a @ CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS Case No. Attachment C ZA13-137 Page 7 Elevations Presented at 1s' Reading 9 FEED STORE BARBEQUE 530 & A PORTION OF 580 S. WHITE CHAPEL BLVD. TRACT 4D AND A PORTION OF TRACT 1 F, am s HIRAM GRANBERRY SURVEY, ABSTRACT NO. 581, g asa O z�oA BEING APPROX. 1.42 ACRES - Y = CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS Case No. Attachment C ZA13-137 Page 8 Revised Elevations FEED STORE BARBEQUE e �y 530 & A PORTION OF 580 S. WHITE CHAPEL BLVD. a; � TRACT 4D AND A PORTION OF TRACT 1 F, _ 0 op R HIRAM GRANBERRY SURVEY, ABSTRACT NO. 581, �t 9 z BEING APPROX. 1.42 ACRESa' O CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS Case No. Attachment C ZA13-137 Page 9 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 SPIN Hee Irq PrporB are genera obsenmlore at SP IN Me lrW by CIly :5Mwd SPIN Repre3enmVes. The report Is rel Fer uemarn ror of&:W mee WV mFxwtc; rater II fumf to- Firm etctd aid appohtd ofldda, CI M a WA aid Fe pUilcoi Fe Isa.ea aid gtea lore rzsed by refdenls aid Fe gercrai reMoreaa made. P=aporrea w atmmahed In He reporl ahmdd nol be mkenw pueantea by Fe apllaJ. htreatd pales ae arorglyenva.raged kr*low Fe mxe Fro-0h Fe Piwi*Q aid ZonkV Canmi5dcnand td a_Imby Oily Cara. 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 N 216 215 210 CADD E `o 0 221 DR ' a w 218 217 312 313 N W 0 � ��^� d J a 219 310 311 220 o M 22� o`O 3�9 M M c2 400 222 300 `') � 0 o 410 00 ?2B 301 303 6 32 ca h h� N M V 640 620 W 11) � � 700 rn LL 495 �Lo 210 200 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: Nine (9) outside 200 feet see attached correspondence One (1) support petition submitted by the applicant — LINK TO PETITION 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 C6 trlvt? ti/ � Wa jP I�er N tc � /� /i it C!'97✓D 1 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 i r c Case No. ZA13-137 E Do E Q v C 3cr:7 V U .O ,G H-i 0 5 Fd 04 79 U 0'5'4 U P -9 * 'R Pr w •O .Lri Q y v Q m M 44 > I:z O A U� � J t =O .C� 'm v C 2U7] 54. tb 4 Cm 'tY N e�- ,.�' '� - yCu rA � w V V7 vi a = u'°° '� 'We•Vi' 47 ett C'i 1:{ x rat � � ba trOrz, p 60,8OQ e� y �Cp OREJ �€ivrt rd 04, CA aQi a m o a, � ro ., a, � v . a•, '� nn ca � I � w r Attachment F Page 10 Flom: MI Adams' - Sent: Tuesday, April 01, 2014 3:01 PM To: arichardson@ci.southlake.tx.us Subject: Tonight's City Council Meeting N Agenda #7a - Feedstore BBQ To Whom It May Concern We would like it to be known that we support Feedstore BBQ's proposed remodeling plans -Agenda Va - Feedstore BBQ. We have been regular and faithful customers of Feedstore BBQ for years and think that the remodeling plans sound like a great ideal Thank you. ...MJ and Scott Adams 702 Chaucer Court Southlake, Texas, 76092 817.505.6057 —Original Message — From: Greg Lane Sent: Tuesday, April 01, 2014 3:07 PM To: arichardson@ci.s out hlake. tx.us Subject: Bill Va - Feedstore BBQ remodel Please wte in fawr of Mike Lafa%ers full remodel project of Feedstore BBQ. Greg Lane 129 Welfbrd Case No. Attachment F ZA13-137 Page 10 Frotre Ken ....w„ „ .. ,..._.. - Sent: Tuesday, April 01, 2014 2:21 PM To: arichardson@ci.southlake.tx.us Subject: Agenda #7a Feedshore BBQ Hello - This is Ken Harrell, Owner of Welchert, Realtors - All Points Properties and I support Bill in his efforts to expand the Feedstore BBQ. I bring lots of clients to eat at the Feedstore and the food and customer service is excellent. I am proud of what Bill and his family have accomplished in Southlake and the many families that support the Feedstore - that he treats like family! Thanks - KEN HARRELL Broker / Owner Weichert, Realtors - All Points 972.724.4995 - O From Aleda Barry Sent: Tuesday, April 01, 2014 3:46 PM To: arichardson@ci.southlake.tx.us Subject: Agenda #7a Feedstore BBQ Hi, I would like to formally register myopinion for the Agenda Va Feedstore BBQ as a definite YESH I have been a customer for years and have also gotten to know the owners personally. They are great people and have worked hard to keep and grow their business, I'm sure that our wonderful city of Southlake would not want to inhibit the growth of one of the oldest family owned businesses thatwe have in ourtown. Please feel free to contact me with any questions. Thank youl Aleda Barry 817-937-1588 - cell Case No. Attachment F ZA13-137 Page 10 From: Patty Amend( I _. Sent: Tuesday, April 01, 2014 4:27 PM To: arichardson@ci.southlake.tx.us Subject: Regarding Council meeting 4.1.2014 Agenda #7a Dear Council Members, FeedStore BBQ is a Southlake asset! The owner has done an excellent job of providing a quality product while keeping to the feed store heritage. Their family owned, neighborly, old-fashioned Texas approach to business is a breath of fresh air. Expansion of the establishment should be thought of as a charming architectural addition. I feel confident that the owner is committed to keeping this establishment as a family restaurant with the intent to continue to be a good neighbor. It should be noted that FeedStore BBQ has added value to the community by supporting local fundra!sing events, hosting special occasion events, donating products to those in need, and providing a clean, wholesome environment for dining. As a friend of the FeedStore BBQ, I request that you approve Agenda Va. Best regards, P Amende Ftorn. Sent: Tuesday, April 01, 2014 4:51 PM To: arichardson@ci.southlake.tx.us Subject: Feedstore BBQ Please register my support for the expansion of the Feedstore BBQ. It is a great family place and southlake needs more casual family friendly places to eat and visit with friends! Thank you, Debbie Brown Sent via the PANTECH Discover, an AT&T 4G LTE smartphone. Case No. Attachment F ZA13-137 Page 10 April 8, 2014 �il�ItIIMI�j� APR 08 DTI....................... To: City of Southlake Mayor and City Council Members and Southlake City Manager and Carroll ISD From: Gary Hargett I111 S. White Chapel Blvd. Southlake, Texas, 76092 re: ZA03-099 in 2004 and ZA 13 -13 7 on 04/01 /2014 Feedstore BBQ 530 S. White Chapel Blvd. Mayor and Council Members and City Manager and Carroll ISD: attachments: 1. TAD Appraisal Information, abstract A 5 81 TR IF — dated 04/04/2014 2. TAD Appraisal Information, A 581 TR 4D - dated 03/21/2014 3. TAD Map # 2102 460 dated 03/11/2014 4. Google Earth Aerial Map dated 1 /31 /2001 reveals Feedstore commercial useage prior to 2004 ZA03-099 granted 530 S. White Chapel Blvd.(Feedstore BBQ a zoning change to SP-1, limited to 1.422 acres land and floor area of restaurant not to exceed 2800 sq.ft. in 2004. Case No. Attachment F ZA13-137 Page 10 Presently, TAD's Approximate Building size is 2646 sq.ft, when actual present size is 3876 sq.ft. ZA13-137, Is'reading by Southlake City Council voted 7-0 on 04/01/2014 to approve another Feedstore expansion to 4883 sq.ft.. Feedstore BBQ was not required to re -plat A 581 TR 1 F and A 581 TR4D into (1) tract to reflect the increase in commercial sq.ft. on either of these cases. Consequently, for 10 years Mr. Lafavers(Feedstore BBQ) has avoided paying commercial taxes on approximately 79.5% or 1.13 acres of land being used out of A 5 81 TR IF. TAD still has all of A 581 TR 1 F classified as residential agricultural. The TAD approximate valuation difference is .00008 per sq.ft. for residential Ag versus $4.99 per sq.ft. for commercial. Over 10 years this amounts to a considerable sum of revenue that could have supported the needs of Tarrant County, Tarrant County Hospital, Tarrant County College, Carroll ISD(the largest benefactor) and the City of Southlake. We all have occasional oversights, however, when this was called to the attention of the City Council in 2004 and again 10 years later on 04/01 /2014 neither the Mayor nor City Council members seemed concerned. It causes me to ask the question,"is the Southlake Mayor and City Council being complicit to tax fraud?" Also, "is Southlake's Mayor and City Council allowed to have situational fiduciary responsibility with respect to their administrative decisions?" Sincerely, Case No. Attachment F ZA13-137 Page 10 * M W * � H H cn * z 9 W w � w to o a z w w o+ a * 0 o * w in z H 0 t- 1p O i CN N O * N Q) 00 ei N N Q is rw uz C£z Ho �H * cHn NHS H zoo�W pO Nmo 71 F� <H �X HMHH E+� OU � ,, n U HH CO r-I CO N CA O pH �QHa HQ H a EO p; zor=z pUC7 0aMO -MOD W Pi W N H* W H FC H W rWii7FC� rHi* K,rH+i > N N r- rl p U CO of # E. 'W d� E k H a [� '�-TT•a W a AW4 Id4 O a N a as o H o o 0 (nw o W U HawO* W. H a * ,4Pa � U U) H 0H ul P4 RS P. � � a GLOM z w -1 00 O wH ri) -k H VN O M W Q Ui * O W OWp off * Case No. Attachment F ZA13-137 Page 10 Tarrant Appraisal District f Real Estate i f 0312. i Account Num - 03896765 Georefer nce: A 581-4D Property Loe rte Chapel Blvd, Southlake Owner Information. Lafavers, William E & Phyllis Lafavers Ree Tr 620 S White Cpl Blvd Southlake Tx 76092-7317 5 Prior Owners Legal Description: Granberry, Hiram Survey A 581 Tr 4D Taxing Jurisdictions: 022 City of Southlake 220 Tarrant County 224 Tarrant County Hospital Dist 225 Tarrant County College Dist 919 Carroll ISD i This information is intended far reference only and is subject to change. It may not axurately reflect the complete status of the account as actually carrizd in rAG's database.v _ _Proposed Values for Tax Year 2014 Land impr 2014 Total tt j Market Value E o_ $0 $0 Appraised Valuet $0 Approximate Size ttt �_ _ 2;64ii Land Acres _ Land S 12,89 . t Appraised value may be less than meri<et value due to state -men dated limitations on v sin reases { tt A zero value indicates that the property record has not yet been completed for the indicate -- - i ttt Raunded 5-Year Value_ History ,Tax Year XMPTpra Apise__d Land Appraised {mpr Appraised 7otalj Market Land! Empr l 1 ( 000 $62,9441 $14154651 $204409i $62,944 $141;465 _2013 F 2012 r 000_ $62,944 - $141465 $204409� $62944 $141,4651 2011 - 000 $62,9441 $141 465[ $204 409 $62 944, $i41,465 _-. - ` i- 20i0 000 562.944I $141,465 $204.409 $62,944; $141,465? 2009 1 OOD 562.944j $141.4651 $204.409� $62,944i 5141,465 ___ .... Protest Deadline: 05 31 Exemptions: None Property Data Deed Date: I2126/2007 Class:076 Instrument: D208020765 State Code: F1 Commerciat Garage Bays: 00 Year Built: 1950 Central Air: Central Heat: TAD Map: 2102 460 Pool: N MAPSCO: 025M Agent: 00344 Southland Property Tax Consult Case No. Attachment F ZA13-137 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 1st 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. ZA13-137 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. ZA13-137 EXHIBIT "B" Reserved for approved site plan and zoning documents Case No. ZA13-137