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Item 7DCity of Southlake Department of Planning STAFF REPORT October 26, 2005 CASE NO: ZA05 -106 PROJECT: Specific Use Permit for the Sale of Alcoholic Beverages at The Cheesecake Factory REQUEST: The Cheesecake Factory is requesting approval of a specific use permit to allow the sale of alcoholic beverages at their restaurantto be located at 1440 Plaza Place in the Grand Avenue District of Southlake Town Square. ACTION NEEDED: 1. Conduct public hearing 2. Consider specific use permit approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Surrounding Property Owners Map (E) Surrounding Property Owners Responses (F) Resolution No. 05 -061 STAFF CONTACT: Ken Baker (748 -8067) Dennis Killough (748 -8072) Case No. ZA05 -106 BACKGROUND INFORMATION OWNER/APPLICANT: The Cheesecake Factory PROPERTY SITUATION: 1440 Plaza Place LEGAL DESCRIPTION: Located in the Grand Avenue District of Southlake Town Square being a portion of land in the Richard Eads Survey, Abstract No. 481. LAND USE CATEGORY: Town Center CURRENT ZONING: "DT" Downtown District P &Z ACTION: October 20, 2005; Approved (7 -0) limited to the duration of the lease STAFF COMMENTS: Due to the limited scope of this request and that no changes are proposed to the approved site plan, no plan review summary is provided. A site plan exhibit showing the specific location of this request is included as Attachment `C' of this report. N: \Community Development \MEMO \2005cases \05- 106 SUP. doc Case No. Attachment A ZA05 -106 Page 1 Vicinity Map The Cheesecake Factory Southlake Town Square Grand Avenue District 0.1 0 4.1 0.2 Miles N W S E ZA05 -106 Page 1 a. .......... ..� k jj jjjjn , 6ni , . g 0 S g W- y �Y $ inn_ a I fit �; RN J �. �A L1 a p .1 u t� 1 t \ Vk 1 R 6 a Case No. Attachment C ZA05 -106 Page 1 I g 0 S g W- y �Y $ inn_ a I fit �; RN J �. �A L1 a p .1 u t� 1 t \ Vk 1 R 6 a Case No. Attachment C ZA05 -106 Page 1 Surrounding Property Owners The Cheesecake Factory Owner 1. Pkb Enterprises Ltd 2. Pkb Enterprises Ltd Case No. ZA05 -106 Land Use I A DT Shopping Activities DT Restaurant -type Activities Attachment D Page 1 Surrounding Property Owner Responses The Cheesecake Factory — Grand Avenue District Notices Sent: Two (2) Responses: None (0) Case No. ZA05 -106 Attachment E Page 1 RESOLUTION NO. 05 -061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING 1440 PLAZA PLACE, BEING LEGALLY DESCRIBED AS A PORTION OF TRACT 2A5, SITUATED IN THE R. EADS SURVEY, ABSTRACT NO. 481, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for the sale of alcoholic beverages has been requested by a person or corporation having a proprietary interest in the property zoned as "DT" Downtown District; and, WHEREAS, in accordance with the requirements of Sections 45.1 (1) and 45.6 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 for the sale of alcoholic beverages on the property being legally described as 1440 Plaza Place, being legally described as a portion of Tract 2A5, situated in the R. Eads Survey, Abstract No. 481, more fully and completely described in Exhibit "A ", and as depicted on the approved development plan attached hereto and incorporated herein as Exhibit "B" and providing an effective date, subj ect to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth Case No. Attachment F ZA05 -106 Page 1 herein. The following specific requirements and special conditions, if any, shall be applicable to the granting of this Specific Use Permit: 1. 2. 3. 4. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF , 2005. CITY OF SOUTHLAKE ATTEST: Lori Farwell, TRMC City Secretary Case No. ZA05 -106 IM Andy Wambsganss, Mayor Attachment F Page 2 EXHIBIT "A" Being legally described as 1440 Plaza Place, being legally described as a portion of Tract 2A5, situated in the R. Eads Survey, Abstract No. 481. Case No. ZA05 -106 Attachment F Page 3 I xx Im b � w �� � �+,s�' ol - ULLLL lj� IF LL or 5. j .. y 91F F,. 13LgCxs 5R' 0 17 -14, 17 AND 10 SOUTmLAKE TDWN SGUOLPE PHASE 'I d' OF 1HA4 rARR� r.M7. RS I ng- SA : amr-W141- CASE . �Tl