Item 7JCity of Southlake
Department of Planning
STAFF REPORT
November 9, 2005
CASE NO
ZA05 -120
PROJECT: Specific Use Permit to allow a Tent Sale for the Purpose of Promoting Retail
Sales at Sellingers Power Golf
REQUEST: Sellingers Power Golf is requesting approval of a specific use permit to allow a tent
for the purpose of promoting retail sales. The applicant is proposing two (2) pop -up
tents. One tent is proposed to be ten feet by ten feet (10' x 10') and the second is
proposed to be ten feet by twenty feet (10' x 20'). The tents are to be setup for the
dates of Saturday, December 3 through Sunday, December 4. The hours of operation
for the sale will be from 9:00 a.m. to 5:00 p.m. each day. The tents are proposed to
be located in front of the building and will not reduce the number of parking spaces
on the site. A tent permit application is required to be filled out and approved by the
Building Services Department showing that the tents will meet current building and
fire codes.
Duration of tents: December 3 through December 4
Hours of Operation: 9:00 a.m. to 5:00 p.m. daily
Parking: Will not reduce parking on the site
Signs: No signs are being proposed
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 -070
STAFF CONTACT
Ken Baker (748 -8067)
Dennis Killough (748 -8072)
Case No.
ZA05 -120
BACKGROUND INFORMATION
OWNER/APPLICANT: Sellingers Power Golf
PROPERTY SITUATION: 175 Miron Drive
LEGAL DESCRIPTION: Lot 2R1, Block 1, Miron Addition
LAND USE CATEGORY: Office Commercial
CURRENT ZONING: "B -1" Business Service Park District
P &Z ACTION: November 3, 2005; Approved (7 -0) limited to December 3 through
December 4, 2005, from 9 a.m. to 5 p.m.; no signs; and, stipulation the tents
will be removed Sunday evening after the sale is over.
STAFF COMMENTS: Due to the limited scope of this request, no new review letter was generated.
The applicant is requesting to have a tent for the purpose of promoting retail
sales for the period of Saturday, December 3 through Sunday, December 4.
A narrative of the event and a site exhibit showing the approximate location
of the tent has been provided as Attachment "C ".
N:`Connminit5- Development MEMO 2005casea 05- 120SUP.doc
Case No.
ZA05 -120
Attachment A
Page 1
Vicinity Map
175 Miron Drive
Sellingers Power Golf
NORTHVVESTPKWY EAST
Case No.
ZA05 -120
Attachment B
Page 1
C�I�I���� C�I�I'�►��I�I��iiIiIi� - -
Sellingers Power Golf would like to hold a sidewalk sale on Dec 3' 4` This sale will
be held in appreciation to Southlake residents for the holiday.
Our sale will be consisting of (2) pop up tents. (1) 1 Ox2O, (1) 1 OX 10. These tents will be
added to the store front and will not interfere with any road way or existing parking shots
on the property. The hours of operation for the sale on the 3' and 0 will be from 9:00
am till 5:00 pm on both days. This is just your basic sale held in front of our store.
Sellingers Power Golf
175 Miron Dr.
Southlake, TX 76092
Thanks for your support.
Frank Hartwick II
Case No. Attachment C
ZA05 -120 Page 1
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Surrounding Property Owners
175 Miron Drive
Owner
Zoning
Land Use
Acreao
1. Miron, Gary A & Janice L
C -2
Office Commercial
0.539
E
[7--
Office Commercial
1
3. Lannom, Billy C
B -1
Office Commercial
14
4. Z & E Land Llc
4
Office Commercial
1.104
5. Schelling, Martin W Tr
S -P -2
Office Commercial
4.763
6. Bootstrap Investments Inc
0-1
Office Commercial
1.030
7. Bootstrap Investments Inc
6
Office Commercial
1.131
8. Art of Long Driving
B -1
Office Commercial
5
9. City of Southlake
2
Public / Semi - Public
1.574
10. Southwestern Bell Wireless Inc
B -1
Office Commercial
0.982
11. Matarangi Ltd
B -1
Office Commercial
7
12. Rocky Mountain Holdings Llc
S -P -1
Office Commercial
1.000
13. Weitrich Realty Lp
B -1
Office Commercial
3
14. Bruton, Paul R & Doreen
S -P -2
Office Commercial
1.022
o
LL
13
9
10
12
11
Owner
Zoning
Land Use
Acreao
1. Miron, Gary A & Janice L
C -2
Office Commercial
0.539
2. Ewan, David
B -1
Office Commercial
0.520
3. Lannom, Billy C
B -1
Office Commercial
0.770
4. Z & E Land Llc
S -P -1
Office Commercial
1.104
5. Schelling, Martin W Tr
S -P -2
Office Commercial
4.763
6. Bootstrap Investments Inc
0-1
Office Commercial
1.030
7. Bootstrap Investments Inc
0-1
Office Commercial
1.131
8. Art of Long Driving
B -1
Office Commercial
0.633
9. City of Southlake
CS
Public / Semi - Public
1.574
10. Southwestern Bell Wireless Inc
B -1
Office Commercial
0.982
11. Matarangi Ltd
B -1
Office Commercial
0.743
12. Rocky Mountain Holdings Llc
S -P -1
Office Commercial
1.000
13. Weitrich Realty Lp
B -1
Office Commercial
0.701
14. Bruton, Paul R & Doreen
S -P -2
Office Commercial
1.022
Case No. Attachment D
ZA05 -120 Page 1
Surrounding Property Owner Responses
175 Miron Drive
Notices Sent: Twelve (12)
Responses: One (1)
• Nena Boyd (Opposed—outside 200' buffer) Owner, American Underwriting Managers
365 Miron Dr.; Suite D
Case No.
ZA 05 -120
Attachment E
Page 1
m NG MANAGERS
October 24, 2005
City of Southlake
1400 Main Street
Southlake, TX 76092
Re: Case No. ZA05 -120
Rear Sir or Madam:
We are in receipt of your Public Hearing Notice regarding the above captioned case number.
As owners of the building at 365 Miron Dr., we would normally have no objection to Sellingers
Power Golf erecting a tent for a weekend sale. We would, however, vehemently protest should
the request be for any other day of the week but a Saturday or a Sunday. However, I will say that
because of the fact that they continually park their trailers on the street as well as other
trucks /cars, which is first a nuisance and secondly, can be dangerous, we are inclined to protest.
Had they been good neighbors in the past by making sure their vehicles had the appropriate
parking space ON their property, we would have no problem with their weekend sale. However,
since they have continually parked their large trailers /cars /trucks on the street, we are not sure
just how tolerant we wish to be in this case. The fact that they continually take up a large part of
the street with their trailers/ears/trucks, probably in opposition to a City ordinance, how can we be
sure that they will not also take advantage of this permit, should it be granted? They say `that the
tents will not interfere with any roadway'. I am sure that is an accurate statement since their
trailers already take up the roadway. We have a suspicion that they are rotating those trailers off
the street after so many hours required, perhaps by a city ordinance, that allows them to park
them for a specified amount of time and when that time has expired, they move theta back on the
street or do not move them at all unless code enforcement happens to catch the violation. We
would like to see an end to their parking their trailers /trucks /cars ON the street at any time.
Our clients must pass by their 'parking lot' of vehicles on the street and it does not present an
image that we thought the City of Southlake would protect. In order to accomplish their request
for a permit to erect a tent, it does appear that today they have cleaned up their act and removed
all trailers and peripheral vehicles from in front of their establishment. That being said, will that
continue to be the case or will they continue to park their trailers /truckstcars on the street? if the
City of Southlake has an ordinance about parking hunking trailers on the street, then someone in
the City is not enforcing it.
AUM -NORTH
365 Miron Dr- — Suite D ' Southlake, TX 76092817/424 -1996 * Fax 817/481 -0742
AUM -SOUTH
1600 N.E. Loop 410 —Suite 126, San Antonio, TX 78209 * 2101930 -0070 * Fax 2101930 -0074
Case No. Attachment E
ZA 05 -120 Page 2
If the owner of Selfingers Golf or the City of Southlake can assure us that the trailers/cars/trucks
will be removed from the street on a permanent basis, we have no problem not protesting their
tent permit.
If we cannot obtain that assurance, then we are inclined to protest their request allowing them to
further violate an ordinance or permit.
Regas,
na oyd
Owner
19 1JEOU
AUM -NORTH
365 Miron Dr. — Suite D * Southlake, TX 76092817!424 -1996 ' Fax 8171481 -0742
AUM -SOUTH
1600 N.E. Loop 410 -- Suite 126, San Antonia, TX 78209 * 210/930 -0070 Fax 2101930-0074
Case No.
ZA 05 -120
Attachment E
Page 3
RESOLUTION NO. 05 -070
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A
TENT FOR THE PURPOSE OF PROMOTING RETAIL SALES ON
PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS,
LOCATED AT 175 MIRON DRIVE, BEING LEGALLY DESCRIBED
AS LOT 2R1, BLOCK 1, MIRON ADDITION, MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED
ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, a Specific Use Permit for a tent for the purpose of promoting retail sales has been
requested by a person or corporation having a proprietary interest in the property zoned as "B -l" Business
Service Park District; and,
WHEREAS, in accordance with the requirements of Section 45.1 (42) 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 a tent for the purpose of promoting retail sales on the
property located at 175 Miron Drive, being legally described as Lot 2R1, Block 1, Miron Addition, an
addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet `A', Slide
4651, Plat Records, Tarrant County, Texas, more fully and completely described in Exhibit "A ", and as
Case No. Attachment F
ZA05 -120 Page 1
depicted on the approved Concept 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
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
0
Andy Wambsganss, Mayor
Case No. Attachment F
ZA05 -120 Page 2
EXHIBIT "A"
Property located at 175 Miron Drive, being legally described as Lot 2R1, Block 1, Miron Addition, an
addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet `A', Slide
4651, Plat Records, Tarrant County, Texas.
Case No. Attachment F
ZA05 -120 Page 3
10, on"
Sellingers Power Golf would like to hold a sidewalk sale on Dec P, 4` This sale will
be held in appreciation to Southlake residents for the holiday.
Our sale will be consisting of (2) pop up tents. (1) 10x2O, (1) 10X10. 'These tents will be
added to the store front and will not interfere with any road way or existing parking spots
on the property. The hours of operation for the sale on the 3` and 4� will be from 9.00
am till 5:00 pm on both days. This is just your basic sale held in front of our store.
Sellingers Power Golf
175 Miron Dr..
Suuthlake, TX 76092
Thanks for your support.
Frank HartGVick 1I
21' 05 -120
Case No. Attachment F
ZA05 -120 Page 4
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