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Item 7E
City of Southlake Department of Planning STAFF REPORT September 15, 2004 CASE NO: ZA04 -061 PROJECT: Hot Doe Vending Cart ( Lowe's Home Improvement Center) REQUEST: Trevor L. Peninger is requesting approval of a specific use permit for outdoor sales or services to allow the operation of a hot dog vending cart in front of the Lowe's Home Improvement Center located at 201 N Kimball Avenue. The vender intends to initially operate from 9AM to 6PM Friday through Saturday and may eventually operate 7 days per week if business warrants the need. The vendor is requesting their permit be approved for a period of two years. Unless otherwise specified and approved, an SUP for outdoor sales and service is valid for a period of one year from the date of City Council approval. 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. 04 -068 STAFF CONTACT: Dennis Killough (481 -2073) Ken Baker (481 -2046) Case No. ZA04 -061 BACKGROUND INFORMATION OWNER/APPLICANT: Trevor L. Peninger PURPOSE: The purpose of this request is to receive approval of a Specific Use Permit for Outdoor Sales or Services to allow the operation of a hot dog vending cart. PROPERTY SITUATION: 201 N. Kimball Avenue LEGAL DESCRIPTION: Lot 5, Block 1, Kimball / 1709 Addition LAND USE CATEGORY: Retail Commercial CURRENT ZONING: "C -3" General Commercial District HISTORY: -A preliminary plat was approved by City Council on July 5, 1988. -City Council approved a final plat on August 16, 1988. -A plat revision and a site plan for Lowe's were approved by City Council on September 1, 1998. TREE PRESERVATION: The Landscape Administrator has no comments for this item. P &Z ACTION: September 9, 2004; Approved (6 -0) limiting the permit to 2 years; limited to the menu as shown in the application; signage will be as presented; the hours of operation will be limited to the hours of Lowe's; and approval is contingent upon proof of current sales tax permit before City Council. 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. The applicant is requesting to operate a hot dog cart outside ofthe Lowe's home improvement center. This site is subject to all conditions of the previously approved plans. N:`,Conununity Development \WP - FILES \MEMO \2004cases \04 -061 SUP.doc Case No. ZA04 -061 Attachment A Page 1 Vicinity Map Outdoor Sales - Hot Dog Cart P�� k'C14t � 545TSCUTHLI%KF BLVD T 1V wJ Case No. Attachment B ZA04 -061 Page 1 POW go w v (W38 L 9 0 - kOyl naen S Alxnwo mo Abu IWM ID ELV- I= cbrm J�U 'T "ME -.F- lall� W-1 g m a" c ar-MeLLT- rzmmrRr:arnTM 1, — 7� i ! cam AfAMM L ijilo Tv 0 pc r 5 C;: f =7 ti ARE- ...... ..... ...... off - 9.: Fj 5 i M 2 -4 ME ----------- . ... . ..... . . . ....... ............ POW LIWF.;- 1, w i -16 111 S a CC Ni ALM LJ Elftill - . ... . ..... . . . ....... ............ POW LIWF.;- 1, w i -16 111 S a CC Ni Specific Use Permit Request General Requesting approval of a specific use permit for outdoor Information sales from the City of Scvthlake_ Type of Sales Food and beverage sales. See attached menu. Exhibit A Vending Cart The vending c-art used for the sales is a'Ne ' Creative Mobile 325. The ca rt includes a vret steam table, hat and cold water system, cold storage and is NSF approve_ The cart measures: 87112 inches long X 451f4 inches wide X 59 inches in height. We may use a banner for pricing. This banner would stay within the measurements of the cart. Location Lowe's at Southlake Store #0732 201 Kimball Ave_ Southlake, Tx 70092 Squire Simpson - Store Manager Lo tion of The vending cart will be placed outside the exit door of Vending Cart Lowe's. See attached picture. Exhibit B Days and Houfs In the beginning, we will operate on Friday, Saturday, and of Operation Sunday from 9:.00 a-m. to 6:00 p.m. As business increases, we will operate 7 days pe.rweek. Employees The employees operating the vending cart have a current feed handler's card. Healthy Inspection The cart and employees will be certified by the Tarrant County Health Department, as required. f AG4- 061 T) Am, 0 2. 2004 Case No. Attachment C ZA04 -061 Page 2 Clog Shack Signage and Verbiage Banner Propose the use of a banner to be placed on the front of the cart, Vinyl material That is dark blue in color with yeltow lettering. The verbiage is; Dog Shack Hours of Operation "'Gourmet Hot Dogs" MeasuremenES: three feel wile and two feet in height. See diagra below. Sandwich Sign (hours Propose the use of a s.andwic;h sign to be placed on the C*ncrele within of operatlon and three feet of the cart. The sign will be hard plastic that is dark We In menu) color with yellow lettering. The verbiage will be on both sides and includes= Dog Shack Hours of Operation Complete Menu Complete menu Is included in original request. Measurements. 18 Imhes wide and 24 inches in height, See diagram below. Banner diagram: 2 ft 1h Sandwich sign side view diagram: 24 in 24 in /1\ is III Sandwich sign front view diagram; 24 in IA04 - 06 1 RECT AUG 2 3 2004 8 19?2U04 Case No. Attachment C ZA04 -061 Page 3 DOG SHACK MEIN Sausage on a Stick $2.50 Bratwur t $2.50 Jumbo Hot Dogs $2.00 Reg. Hot Dogs $1.50 Chip .50 Gatorade $1.60 Water $1.00 0 oz. Drinks $1.00 Coke Diet Coke Sprite Dr. Pepper Z Q 4 - Brisk Teas Mountain Dew I) AUG 0 2 21JU4 Case No. Attachment C ZA04 -061 Page 4 CMS Creative Mobile Systems, Inc. C reative Mobile Systems, Inc. Sales and Service P.O. Box 8198 • 189 Adams St. ■ (Manchester, CT 06040. 860-64 9-6272 "Compare tour QuafiV' � 0�}4 +Visit Our Horne Page http RF.0 -p 4� -1�7 E- rnail- Hurnpkin @crnssystern.00m Case No. Attachment C ZA04 -061 Page 5 BASE CART: MODEL 300 • Tubular steel frame • Primed and painted with rustoleurn Welded stainless steel construction STEAM TABLE COLD COMPARTMENT: • Large 26 1,+2" x 21 112" x 12" deep stainless steel cooler insulated with rigid urethane insulation for durability and maximum life for ice, HEAT SOURCE Dual burners on each cart with separate safety controls HOT & COLD WATER SYSTEM SUSPENSION: Mounted on (2) 21? chrome, heavy duty. semi-pneumatic wheels with heavy duty caster for easy steering. STORAGE AREA STANDARD WITH CARTS: Wax paper and napkin dispenser ? 6 112' Umbrella DIMENSIONS: MODEL 300 63 314 "I - x 34 314 "W x 54 1l2 "H WC71I A Ll G Rage 2 Model No. 300 ush Cart ti Case No. Attachment C ZA04 -061 Page 6 BASE CART: MODEL 325 Model No- 325 Tubular steel frame TovvaWe • Primed and painted with rustoleum Welded stainless steel construcOari WET STEAM TABLE: • Two 116 pots; (3) 113 pots with lids and set into water table- One 213 pol with lid and diviner on direct heat. • Optional cold storage area with lack COLD COMPARTMENT- Large 26 112" x 21 1 12" x 12" deep stainless steel colter insulated with - _ - riyld urethane insulatlen for durability and maximum life for ice. HEAT SOURCE: • Dual burners on each cart with separate :., safety controls SUSPENSION: . Featured with our Torfiex Axle -- _ • Highway tires and chrome moon hub caps i • Contoured stainless fenders with lights STORAGE STANDARD WITH CARTS: Wax paper and napkin dispenser 6 112' Umbrella HOT & COLO WATER SYSTEM Yom ,; Stainless steel double compartment sinks 1o" x 6" x 4" with brass and chrorne Swivel famet- Five gallons each, hot and cold water t supplies, - 12 gallon waste water tank with quick drain ball valve- • AJI of the above meet NSF Standards, 01 MEN SIONS: MODEL 325 87 112 "L x 45 114"W x 59"H BASE CART: MODEL 300 • Tubular steel frame • Primed and painted with rustoleurn Welded stainless steel construction STEAM TABLE COLD COMPARTMENT: • Large 26 1,+2" x 21 112" x 12" deep stainless steel cooler insulated with rigid urethane insulation for durability and maximum life for ice, HEAT SOURCE Dual burners on each cart with separate safety controls HOT & COLD WATER SYSTEM SUSPENSION: Mounted on (2) 21? chrome, heavy duty. semi-pneumatic wheels with heavy duty caster for easy steering. STORAGE AREA STANDARD WITH CARTS: Wax paper and napkin dispenser ? 6 112' Umbrella DIMENSIONS: MODEL 300 63 314 "I - x 34 314 "W x 54 1l2 "H WC71I A Ll G Rage 2 Model No. 300 ush Cart ti Case No. Attachment C ZA04 -061 Page 6 Surrounding Property Owners Outdoor Sales — Hot Dog Stand at Lowes Owner Zoning Land Use Acrea 1. Marshall, Sciuyler "C -3" Retail Commercial 0.892 2. Bluebonnet Road Partners "C -3" Retail Commercial 1.114 3. Bluebonnet Road Partners "C -3" Retail Commercial 0.656 4. McDonald's Corporation "C -3" Retail Commercial 1.033 5. Costco Wholesale Corp. "S -P -2" Mixed Use 16.370 6. Wyndham Properties Ltd. "S -P -2" Mixed Use 4.181 7. Wyndham Properties Ltd. "S -P -2" Mixed Use 1.049 8. Bank of the West "C -3" Retail Commercial 0.892 9. Sterling Properties X "C -3" Retail Commercial 1.737 10. Coz, Llc. "C -3" Retail Commercial 0.769 11. Southlake Kimball Venture Ltd. "C -3" Retail Commercial 1.714 12. Taco Bueno Texas Lp. "C -3" Retail Commercial 0.800 13. Chick -Fil -A Inc. "C -3" Retail Commercial 1.137 14. Lowe's Home Center Inc. "C -3" Retail Commercial 14.719 Case No. ZA04 -061 Attachment D Page 1 Surrounding Property Owner Responses Outdoor Sales — Hot Dog Stand at Lowes Notices Sent: Thirteen (13) Responses: None (0) Case No. ZA04 -061 Attachment E Page 1 RESOLUTION NO. 04 -068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR OUTDOOR SALES OR SERVICES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING 201 NORTH KIMBALL AVENUE, LEGALLY DESCRIBED AS LOT 5, BLOCK 1, KIMBALL / 1709 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 outdoor sales or services has been requested by a person or corporation having a proprietary interest in the property zoned as "C -3" General Commercial District; and, WHEREAS, in accordance with the requirements of Sections 45.1 (40) and 45.12 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 outdoor sales or services on the property being 201 North Kimball Avenue, legally described as Lot 5, Block 1, Kimball / 1709 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet `A', Slides 4551 & 4552, 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 `B" and providing an effective date, subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. Case No. Attachment F ZA04 -061 Page 1 The following specific requirements and special conditions 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 SOUTHL,AKE I� ATTEST: Lori Farwell City Secretary Case No. ZA04 -061 Andy Wambsganss, Mayor Attachment F Page 2 EXHIBIT "A" Being 201 North Kimball Avenue, legally described as Lot 5, Block 1, Kimball / 1709 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet `A', Slides 4551 & 4552, Plat Records, Tarrant County, Texas. Case No. ZA04 -061 Attachment F Page 3 EXHIBIT `B" ■E ss $"v �a+�+uow1'*n AWS�7W' TPYk�X � wii�rg+ � ww K)S aW&3la swaa1 9 '• NYY YY ' -, 4 aa � III ri A , it _ S hr. " 1 id .3 i t ` I lia I P_• ix #` .ems t I �'Ii� x� - l ipC pgC1�� ' " ©�111� Pl1 u 2 2 [a C IL ,a• qr 40 dc ra 9 Case No. Attachment F ZA04 -061 Page 4 If j . I f x� - l ipC pgC1�� ' " ©�111� Pl1 u 2 2 [a C IL ,a• qr 40 dc ra 9 Case No. Attachment F ZA04 -061 Page 4 Specific Use hermit Request General Requesting approval of a specifsc use permit f+Of outdoor Information sues frorn the City of Southtake. Type of Sales Food and beverage sales. See attached menu, Lxhibit A Vending Cart The - vending cart used for the sales is a "New' Creative Mobile X25. The cart includes a viet steam table, hat and cold water system, cold storage and is NSF approved- The cart measures. 87112 inches long X 451l4 inches wide X 59 inches in height. Weh may use a banner for pricing. This banner would stay within the measurements of the cart, Location Le's at Southiake Store #07 201 Kimball Ave- 5outhlake, Tx 76092 Squire Simpson — Store Manager Location of The vending cart will be placed outside the exit door of Vending Cart Lowe's. See attachod picture. Exhibit B Days and Hou {s In the beginning, we will operate on Friday, Saturday, and of Operation Sunday from 9:00 a-m. to 0:00 p.m. As business increases, we will operate 7 day's per week. Employees The employees operating the vending cart have a current food handler's card. Health Inspection The cart and employees will be certified by the Tarrant County Health Department, as required. fAQ4 -061 Wn AUG 0 21 2004 Case No. Attachment F ZA04 -061 Page 5 Dog Shack Signage and Verbiage Banner Propose the use of a banner to be placed on the front of the cart. Vinyl rnaterial Ihet is dark blue in color with yellow lettering. The verbiage is; Dog Shack Hours of Operation 'Gourmet Hot Dogs" Measurements= three feel wide and two feel in height. See diagram below- Sandwich Sign (hours Propose the use of a sancbwich sign to be placed on the Concrete within of operation and three Net of the cart. The sign will be hard plastic that is dark Nue In menu) Color with yellow letllering. The verbiage will be on both sides and includes= Dog Shack Hours of Operalion Complete Meng Complete menu Is included in original request. Measurements: 18 Imes wide and 24 inches in height. See dia=m below. Banner diagrarn; 2e ?M Sandwich Mgrs side view diagram. 24 i� za 18 in Sandwich sign front view diagrarn; 24 in IA04 -06 1 RECD A U G 2 3 2004 O 1 B +2'J44 Case No. Attachment F ZA04 -061 Page 6 DOG SHACK MENU Sausage on a Stick $2.50 Bratwur t $2.50 Jumbo Hot Dogs $2.00 Reg. Hot Dogs $1.50 Chips .0 Gatorade $1.50 Water $1.00 20 oz. Drinks $1.00 Coke Diet Coke Sprite Dr. Pepper Q - 0 1 Brisk Tea Mountain Dew AUG 0 2 2004 (Vase No. Attachment f ZA04 -061 Page 7 cms Creative Mobile Systems., Inc. kz: ---- 6 � _ Creative Mobile Systems, Inc. Sales and S ervice P.O. Box 8198 189 Adams St. ■ Manchester, OT 06040. 860- 649 -6272 "Compare Our QuaiiV Visit Our Home Page http : / /www.crossystern.corn RECT 0 2 7004 E -mail- Humpkin@crnssystern.com Case No. Attachment F ZA04 -061 Page 8 BASE CART' 325 Model No- 325 Tubular steel frame Towable Primed and painted with rustoleum BASE CART. MODEL 300 • Tubular steel frame • Primed and painted with rustoleum Welded stainless steel construction STEAM TABLE COLD COMPARTMENT- • Large 26 112" x 21 112" x 12" deep stainless steel cooler insulated with rigid urethane insulation for durability and maximum life for ice. HEAT SOUIRCE: Dual burners an each cart with separate safety controls HOT & COLD WATER SYSTEM SUSPENSION: Mounled on (2) 20' chrome, heavy duty, semi- pneumafie wheels with heavy duty caster for easy steering. STORAGE AREA STANDARD WITH CARTS: Wax paper and napkin dispenser 6 112' Umbrella • Welded stainless steel constructian WET STEAM TABLE: • Two 116 pats; {3) 1P3 pots with lids and set into water table- One 213 poi with lid and divider on direct heat. • Optional cold storage area with lack COLD COMPARTMENT: • Large 26 112'• x 21 1 12" x 12" deep stainless steel cagier insulated With rigid urethane insulation for durability and maximum life for ice. HEAT SOURCE: Dual turners on each cart with separate safety controls SUSPENSION: Featured with our Torflex Axle • Highway tires and chrome moan hub caps Contoured stainless lenders wilh lights STORAGE STANDARD WITH CARTS: Wax paper and napkin dispenser 6 112' Umbrella HOT & COLD WATER SYSTEM Stainless steel double compartment sinks 10" x 6" x 4" with brass and chrome swivel faucet- • Five gallons each, hot and cold water supplies. 12 gallon waste water tank with quick drain ball valve. • All of the above meet NSF Standard: 01 MEN SlONS: MODEL 325 87 112 "L x 45 114` x 55 "hl Model Nis. 300 - - ush Cart L it DIMENSIONS: MODEL 300 63 314 "I_ x 34 3I4'W x 54 112 "H 07) AUG Page a Case No. Attachment F ZA04 -061 Page 9