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Item 7CCity of Southlake Department of Planning STAFF REPORT July 7, 2004 CASE NO ZA04 -036 PROJECT: Shogun Sushi, Inc. REQUEST: On behalf of Shogun Sushi, Inc., Stephen Lee is requesting approval of a specific use permit to allow the sale of alcoholic beverages. ACTION NEEDED: 1. Conduct public hearing 2. Consider approval of specific use permit ATTACHMENTS: (A) (B) (C) (D) (E) (F) Background Information Vicinity Map Plans and Support Information Surrounding Property Owners Map Surrounding Property Owners Responses Resolution No. 04 -053 STAFF CONTACT: Dennis Killough (481 -2073) Bruce Payne (481 -2036) Case No. ZA04 -036 BACKGROUND INFORMATION OWNER: Shogun Sushi, Inc. APPLICANT: Stephen Lee PURPOSE: The purpose of this request is to receive approval of a Specific Use Permit for the sale of alcoholic beverages. PROPERTY SITUATION: This property is located at 2970 East Southlake Boulevard (FM 1709). LEGAL DESCRIPTION: A portion of Lot 3, Block 1, Gateway Plaza Addition LAND USE CATEGORY: Mixed Use CURRENT ZONING: "S -P -2" General Site Plan District with "C -3" General Commercial District uses HISTORY: -The property was rezoned to "S -P -2" General Site Plan District with "C -3" General Commercial District uses on October 6, 1998. -A site plan was approved by City Council on February 2, 1999. -A final plat was approved by P &Z on August 19, 1999. P &Z ACTION: June 17, 2004; Approved (4 -0) subj ect to the term of the lease (5 yr. with two 5 yr. options). STAFF COMMENTS: Due to the limited scope of this request and the fact that no changes are to be made to the previously approved concept/site plan, no new review letter was generated. This site is subject to all conditions of the previously approved plans. A site exhibit is included as attachment `C' of this packet. N:`,Conununitv Deaelopment ` MEMO '2004cases \04- 036SUP.doc Case No. ZA04 -036 Attachment A Page 1 Vicinity Map Shogun Sushi, Inc. 0 1 1000 0 1000 � T fi KsisI$�WlilIlzgm- a N W E S Case No. Attachment B ZA04 -036 Page 1 T aced N E I - JUUUIAEl ❑ 0 0 0 ❑ 9fo_tlovz -ON asuD pI L i NOIRE ma tr 1 0 IRWHIIHID IL ENHHH1141HIly HIP HW IN 11W Hip -, ON 15 t Rig 1) Q v GATEWAY PLAZA WO t d iE7 SUUTHIAW TMS q UNCOLN PROPF9TY COMPANY 11 ❑ ❑ ❑ ❑ 0 Ll ❑ ❑ ❑ ❑ a ri ❑ < th rT� N JC Surrounding Property Owners Shogun Sushi, Inc. >r- 1W I WO EA' Owner Zoning Land Use Acrea 1. Wyndham Properties Ltd. "S -P -2" Mixed Use 0.090 2. Wyndham Properties Ltd. "S -P -2" Mixed Use 32.000 3. Wyndham Properties Ltd. "S -P -2" Mixed Use 1.030 4. Stacey Real Estate Partner "S -P -P' Retail Commercial 2.554 Case No. Attachment D ZA04 -036 Page 1 Surrounding Property Owner Responses Cornerstone Business Park Notices Sent: Two (2) Responses: None (0) Case No. ZA04 -036 Attachment E Page 1 RESOLUTION NO. 04 -053 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, LOCATED AT 2970 E. SOUTHLAKE BOULEVARD, BEING LEGALLY DESCRIBED AS A PORTION LOT 3, BLOCK 1, GATEWAY PLAZA ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED SITE 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 "S -P -2" Generalized Site Plan District with "C -3" General Commercial District uses; 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 property located at 2970 E. Southlake Boulevard, being legally described as a portion of Lot 3, Block 1, Gateway Plaza Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 5365 and 5366, Plat Records, Tarrant County, Texas, more fully and completely described in Exhibit "A ", and as depicted on the approved site plan attached hereto and incorporated herein as Exhibit Case No. Attachment F ZA04 -036 Page 1 "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, if any, shall be applicable to the granting of this Specific Use Permit: 1 2. 4. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF , 2004. CITY OF SOUTHLAKE ATTEST: Lori Farwell City Secretary Andy Wambsganss, Mayor Case No. Attachment F ZA04 -036 Page 2 EXHIBIT "A" Property located at 2970 E. Southlake Boulevard, being legally described as a portion of Lot 3, Block 1, Gateway Plaza Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 5365 and 5366, Plat Records, Tarrant County, Texas. Case No. ZA04 -036 Attachment F Page 3 EXHIBIT "B" �u ❑ ❑ ❑ 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ 0 ❑ ❑ JGHd HTOON11 ANY4103 Ain ci F-1 " 1 11 SYM '2xviHiflas Ui p VZVld �,VASIVD 11 rl 0 0 13 11 0 Q cl o n n n n n I X ----- ----- p l TMJ ri law ■ ■ ti ■ ■ Case No. Attachment F ZA04-036 Page 4 EXHIBIT "C" This page reserved for the approved City Council motion. Case No. ZA04 -036 Attachment F Page 5