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Item 8Case No. ZA20-0017 S T A F F R E P O R T March 13, 2020 CASE NO: ZA20-0017 PROJECT: Specific Use Permit for Premier Grilling EXECUTIVE SUMMARY: Premier Grilling is requesting approval of a Specific Use Permit for Outdoor Sales and Services on property being described as Lot 2, Block 2, Gateway Plaza Addition, Phase I, an addition to the City of Southlake, Tarrant County, Texas located at 3020 E. Southlake Boulevard, Southlake Texas and 3.16 acres . Current Zoning: "S-P-2" Generalized Site Plan District. SPIN Neighborhood #8. DETAILS: The property is located on the north side of E. Southlake Boulevard, approximately 350 feet east of the intersection of Gateway Drive and E. Southlake Boulevard. Premier Grilling is requesting approval of a specific use permit to allow outdoor sales and services for a grand opening event for the store on Saturday April 18, 2020 from 11:00 am to 3:00 pm and to allow four (4) additional similar outdoor events at the store on a single day in July 2020, October 2020, February 2021, and April 2021. The events will take place outside in front of the store utilizing 8 parking spaces for 5 (10 ft. by 10 ft.) tents and grills. Each tent will have two grills from each vendor demonstrating each grill’s ability. A cornhole game area will be set up on the sidewalk in front of the store. The applicant anticipates 100 to 200 participants coming and going during the 4-hour event. Parking for the event includes 95 parking spaces immediately adjacent to the building where Premier Grilling, Chipotle, and Men’s Warehouse are located, 19 parking spaces with the Bank of America located to the east, and 48 spaces on Lot 1 (Pearl Vision and Saladworks) located to the west of the event. The applicant will be coordinating the event with the adjacent businesses and has provided a Details of the Event narrative in the attachments. ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider Approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Surrounding Property Owners Map (D) Surrounding Property Responses (E) Resolution No. 20-011 Full Size Plans (for Commission and Council members only) PowerPoint Presentation Narrative Plan STAFF CONTACT: Dennis Killough (817) 748-8072 Patty Moos (817) 748-8269 Case No. Attachment A ZA20-0017 Page 1 BACKGROUND INFORMATION OWNER: RPAI Southlake Limited Partnership APPLICANT: Mike Gonzalez, Premier Grilling PROPERTY SITUATION: 3020 E. Southlake Boulevard (also addressed as 3010 E. Southlake Boulevard), Southlake, Texas LEGAL DESCRIPTION: Lot 2, Block 2, Gateway Plaza Addition, Phase I, an addition to the City of Southlake, Tarrant County, Texas LAND USE CATEGORY: Regional Retail CURRENT ZONING: "S-P-2" Generalized Site Plan District HISTORY: October 6, 1998; City Council approves a Zoning Change and Concept Plan for Gateway Plaza. February 2, 1999; City Council approved a Preliminary Plat for Lots 1 and 2, Block 1, Gateway Plaza Phase I. August 19, 1999; the Planning and Zoning Commission approved a Final Plat for Gateway Plaza. City Council approved a Revised Site Plan for Lot 3, Block 1, Gateway Plaza (ZA00-015) August 15, 2006; City Council approved a Site Plan for Lots 1 and 2, Block 1 Gateway Plaza Addition. (ZA06-091) STAFF COMMENTS: The staff review may be found in the Specific Use Permit Summary No. 2 dated March 13, 2020. Specific Use Permit General Information 45.1 GENERAL PROVISIONS – The uses listed in this section are prohibited in the City of Southlake unless and until a specific use permit is granted for such use by the City Council in accordance with the requirements and procedures set forth in this Section. A specific use permit shall be required for the following uses (as amended by Ordinance No. 480 -D): 45.4 GENERAL REQUIREMENTS a. Any use permitted hereunder shall meet the minimum requirements provided in the district which it is located. b. A specific use permit shall automatically expire if a building permit is not issued and construction begun within six (6) months of the granting of the specific use permit or if the use shall cease for a period of six (6) months. 45.5 FACTORS TO BE CONSIDERED – In granting or denying an application Case No. Attachment A ZA20-0017 Page 2 for a specific use permit, the City Council shall take into consideration the following factors: a. Safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site. b. Safety from fire hazard, and measures for fire control. c. Protection of adjacent property from flood or water damage. d. Noise producing elements; and glare of vehicular and stationary lights and effect of such lights on established character of the neighborhood. e. Location, lighting and type of signs; and relation of signs to traffic control and adverse effect on adjacent properties. f. Street size and adequacy of pavement width for traffic and reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood. g. Adequacy of parking, as determined by requirements of this chapter for off-street parking facilities for similar uses; location of ingress and egress points for parking and off -street loading spaces; and protection of the public health by all-weather surfacing on all parking areas to control dust. h. Such other measures as will secure and protect the public health, safety, morals and general welfare. i. City Council may grant variances to specific regulations associated with a specific use set forth in Sections 45. To receive a variance, the applicant must demonstrate one of the following (As amended by Ordinance No. 480- MMMM): (a) A variance will reduce the impact of the project on surrounding residential properties; or (b) Compliance with this ordinance would impair the architectural design or creativity of the project; or (c) A variance is necessary to assure compatibility with surrounding developed properties; or (d) The proposed construction is an addition to an existing project that does not meet the requirements of this ordinance. 45.11 SPECIFIC REGULATIONS FOR OUTDOOR SALES OR SERVICES a. Approval of a specific use permit for outdoor sales or services shall be based upon an analysis of the location, the site layout and design features, the assurance that the adjoining streets can handle higher volumes of traffic during peak hours of traffic loading without a requirement to divert traffic onto traditional residential streets and the compatibility of the proposed use with Case No. Attachment A ZA20-0017 Page 3 adjacent land uses. b. A fixed time period (specific dates) for the outdoor sale or service acti vity to commence shall be established in the specific use permit. The permit for the sale or service activity shall be established and unless otherwise stated in the permit, shall be val id one year from the date of approval by the City Council. c. Regulations for any structure used to conduct the outdoor sale or services activity including but not limited to, size, color, location of equipment, lighting and signage shall be established in the specific use permit. d. The location of outdoor sale or se rvice activity shall not reduce the parking requirements or effectiveness of landscaped or buffer areas and the areas for the display of merchandise shall not adversely impact the ability of pedestrians or vehicles to move about the lot. e. The site must provide adequate ingress and egress. f. Provisions for waste collection, recycling and/or disposal may be established in the specific use permit. g. Each sidewalk or pedestrian w ay on the approved site plan shall be a minimum of forty-four inches (44”) in width. Additional width may be required, and pedestrian ways shall be subject to the Americans with Disability Act Accessibility Guidelines for Building and Facilities. Case No. Attachment B ZA20-0017 Page 1 Case No. Attachment C ZA20-0017 Page 1 SPECIFIC USE PERMIT REVIEW SUMMARY Case No.: ZA20-0017 Review No.: Two Date of Review:3/13/20 Project Name: Specific Use Permit for Outdoor Sales or Services for Premier Grilling APPLICANT: Mike Gonzales OWNER: RPAI Southwest Management Group 3020 E. Southlake Blvd. 2021 Spring Road, Suite 200 Southlake, TX 76092 Oak Brook, IL Phone: 214-454-4466 Phone: 630-634-4187 Email: mike.gonzales@premiergrilling.com Email: Cwright@RPAI.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 2/10/20 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 Patty Moos AT (817) 748-8269. ___________________________________________________________________________________________ Planning Review Patty Moos Planner I Phone: (817) 748-8269 Email: pmoos@ci.southlake.tx.us Specific Use Permit: ***The City Council shall consider the following in determining whether to grant a Specific Use Permit for outdoor sales or services according to the Comprehensive Zoning Ordinance No. 480, Section 45.12, as amended: a. Approval of a specific use permit for outdoor sales or services shall be based upon an analysis of the location, the site layout and design featu res, the assurance that the adjoining streets can handle higher volumes of traffic during peak hours of t raffic loading without a requirement to divert traffic onto traditional residential streets and the compatibility of the proposed use with adjacent lan d uses. b. A fixed time period (specific dates) for the outdoor sale or service activity to commence shall be established in the specific use permit. The permit for the sale or service activity shall be established and unless otherwise stated in the permi t, shall be valid one year from the date of approval by the City Council. c. Regulations for any structure used to conduct the outdoor sale or services activity including but not limited to, size, color, location of equipment, lighting and signage shall be established in the specific use permit. d. The location of outdoor sale or service activity shall not reduce the parking requirements or effectiveness of landscaped or buffer areas and the areas for the display of merchandise shall not adversely impact the ability of pedestrians or vehicles to move about the lot. e. The site must provide adequate ingress and egress. f. Provisions for waste collection, recycling and/or disposal may be established in the specific use permit. g. Each sidewalk or pedestrian way on the approved sit e plan shall be a minimum of forty- four inches (44”) in width. Additional width may be required, and pedestrian ways shall be subject to the Americans with Disability Act Accessibility Guidelines for Bui lding and Case No. Attachment C ZA20-0017 Page 2 Facilities. The proposed event will take u p approximately eight (8) of the existing 163 parking spaces (all areas of the property). Staff has conducted a parking analysis based on the use of the property and determined the event will not have a negative impact on the number of parking spaces needed to serve the development. ________________________________________________________________________________ Fire Department Kelly Clements Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: Ensure that no vehicles are parked within 10 feet of grills that are being used for demonstration purposes. Provide a minimum of one fire extinguisher, five-pound 2A-10BC, for each grilling area. __________________________________________________________________________________ Case No. Attachment D ZA20-0017 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES SPO # Owner Zoning Physical Address Acreage Response 1. PARK PLACE PET HOSPITAL PC SP1 2925 E SOUTHLAKE BLVD 0.75 NR 2. ANDERSON, STEPHEN P I1 2915 E SOUTHLAKE BLVD 0.65 NR 3. WYNDHAM PROPERTIES LTD SP2 2800 E SOUTHLAKE BLVD 0.20 NR 4. WYNDHAM PROPERTIES LTD SP2 2901 E STATE HWY 114 1.14 NR 5. WYNDHAM PROPERTIES LTD SP2 2801 E STATE HWY 114 1.45 NR 6. TATE, JOHN MICHAE O1 3101 E STATE HWY 114 # A 1.30 NR 7. RAM INTERESTS LP I1 170 BANK ST 0.75 NR 8. PACK, RANDY I1 200 BANK ST 3.25 NR 9. CHU, ROBERT C3 3105 E SOUTHLAKE BLVD 0.61 NR 10. WYNDHAM PROPERTIES LTD SP2 3000 E SOUTHLAKE BLVD 0.97 NR 11. WYNDHAM PROPERTIES LTD SP1 3100 E SOUTHLAKE BLVD 0.11 NR 12. WYNDHAM PROPERTIES LTD SP2 3100 E SOUTHLAKE BLVD 3.20 NR 13. WYNDHAM PROPERTIES LTD SP1 3110 E SOUTHLAKE BLVD 0.05 NR 14. WYNDHAM PROPERTIES LTD SP2 3001 E STATE HWY 114 32.59 NR 15. Superintendent of Carroll ISD NR 16. Superintendent of Grapevine Colleyville ISD NR 17. Superintendent of Northwest ISD NR 18. Superintendent of Keller ISD NR Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: 11 Responses Received: In Favor: 0 Opposed: 0 Undecided: 0 No Response: 11 Case No. Attachment E ZA20-0017 Page 1 Surrounding Property Owner Responses No responses received to date Case No. Attachment F ZA20-0017 Page 1 RESOLUTION NO. 20-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR OUTDOOR SALES AND SERVICES ON PROPERTY DESCRIBED AS LOT 2, BLOCK 2, GATEWAY PLAZA ADDITION, PHASE I, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS LOCATED AT 3020 E. SOUTHLAKE BOULEVARD (ALSO ADDRESSED AS 3010 E. SOUTHLAKE BOULEVARD), SOUTHLAKE TEXAS. MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A”, AND AS DEPICTED ON THE APPROVED PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B” AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for outdoor sales and services has been requested by a person or corporation having a proprietary interest in the property zoned as “S-P-2” Generalized Site Plan District; and, WHEREAS, in accordance with the requirements of Sections 45.1(39) and 45.11 of the City’s Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. A Specific Use Permit is hereby granted to allow outdoor sales and services on property within the City of Southlake, Texas, more fully and completely described in Exhibit “A”, and as depicted on the approved plan attached hereto and incorporated herein as Exhibit “B” and providing an effective date, subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions shall be applicable to Case No. Attachment F ZA20-0017 Page 2 the granting of this Specific Use Permit: • RESERVED FOR CITY COUNCIL MOTION SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS _____ DAY OF _________________, 2020. CITY OF SOUTHLAKE By: ________________________________________ ________ Laura Hill, Mayor ATTEST: _________________________________ Amy Shelley City Secretary Case No. Attachment F ZA20-0017 Page 3 EXHIBIT A Lot 2, Block 2, Gateway Plaza Addition, Phase I, an addition to the City of Southlake, Tarrant County, Texas located at 3020 E. Southlake Boulevard (also addressed as 3010 E. Southlake Boulevard), Southlake Texas Case No. Attachment F ZA20-0017 Page 4 EXHIBIT B Reserved for Exhibits