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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 F/ iL IN o� l Alm i Lj N a v CC 2i O O N 0 U N 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 't i - �ov 11 i y 1 IF - jp Jr WIL At A :fir a N x o 6 i K J I TO V) y CC � a v O 0 O CC Q� V N