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Item 7DCity of Southlake Department of Planning STAFF REPORT September 29, 2004 CASE NO: ZA04 -074 PROJECT: The Pumpkin Patch REQUEST: Eric Buchanan is requesting approval of a specific use permit to allow outdoor sales and service for the Pumpkin Patch. The Pumpkin patch shall include a bounce house and an area for sale of pumpkins, bedding plants and other seasonal items. A banner sign shall be displayed on the temporary fencing closets to Southlake Boulevard. 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 -069 STAFF CONTACT: Ken Baker (481 -2046) Dennis Killough (481 -2073) Case No. ZA04 -074 BACKGROUND INFORMATION OWNER: Greenway Investment Company APPLICANT: Eric Buchanan PROPERTY SITUATION: 2171 E. Southlake Boulevard LEGAL DESCRIPTION: Lot 3, J.A. Freeman No. 529 Addition LAND USE CATEGORY: Office Commercial CURRENT ZONING: "S -P -P' Detailed Site Plan District HISTORY: - "B -1" zoning on the property was placed by the City with approval of Zoning Ordinance No. 480 in September of 1989. -A Plat Showing was approved by the City on November 12, 2001 for Lot 3, J.A. Freeman No. 529 Addition. -City Council approved a change of zoning from "B -1" to "S -P -1" with "C- 2" and limited "C -3" uses with accompanying site plan on July 16, 2002. P &Z ACTION: September 23, 2004; Approved (6 -0) approving the signage as shown. STAFF COMMENTS: Due to the limited scope of this request, no review letter was generated. N:',Conununitv Development`, MEMO `,2004cases`,04- 074SUP.doc Case No. Attachment A ZA04 -074 Page 1 Vicinity Map Outdoor Sales - Pumpkin Patch r f —.1— �as sourN�aca eu�v Case No. ZA04 -074 Attachment B Page 1 1000 0 1000 2000 3000 Feet U � a v 2i o � ° U N To Southlakc Mpartmcni oF'PLanninV, August 22, 20 Front. Eric Buchanan and Collmn Woad Re; 2171 e- Sou 3M., SouthIalur, Texas 7 2 Four; The Or4jnal Pumpkin Patti To Whin. I1 May Concern; L would like 10 sa► mlr a brief siournary lelt,er detailing our ammuad "'original Pumpkin .Patch." l would lice to point out the nalurc au4 bmfils of the 'Gti ginA pumpkin Patch-" erlairrly if you m wry of your collieagues hake traveled on E. Southlake Bl -+d, {a.k.a. fm 1709) in SowhMe. during the month of October in years past, you would. ha - e seen the- `original Yzilripkin Paicli" (across from Wei ). With much gonsidurntion W prgp=Tian, it Ym decided that axe: sJunild offer the -ci ens of Southlakc the "original Pumpkin Pates " Ow ideals and principles reflect that of the city of SmitWkc had %%t straw feel trot the city and chi rs will loth ben,eF t from such a festive and authentic displa} of ibis semen. This keeps in sync u70 115r- ciiy's Ott authentic feeL One of the things got we off our vWtors are the "Picture palace, of w'hic17 is A no cost. We eftca tir p visitors to laming tdwir own cameras, family and diiends and take pimircs to be "- a for ymm to amne- This is a welomned feature bxv everyone who visits "11he crigina I L=umpkin Patch." We. slap offer :R lade 'v2rieW of colorful gourds to ws� original }yard art- candles and suvcral of kinds of p4ssinpkin Caming acaessone& MOSL importantly, we offer a Nag diversity of affordable p=p dm including, but not ftrnj d to 'Casper'. `Fair}laie %,and 'Cinderella' pumpkins, l hake pmided Y ou —with some photos from pious years and I hope that you will conaidcr hmv pleasant thds Ur l I be for yCW-city,. "The OnOual Pumpkin Patch"' is not a `pick your parking lot ptanpkin.' It is a well thought out scram 9ka has brought and conunues to bring an aut.do ikel and Smiles to its visitom We gentrally open fox busin on October I' and close on 0cl r 31' We expe'c1 to be occup the Axwc namod loution from September 26 (Friday) until Nrn -cmbcr T' (Siwday)- Thew dates include prcparatjon aril cle p for the prope*. Me-ase bw Ma'r'e that uy will not hLe arrrfrzi-mg the f�rui fifaa loaned orr the prnpeny orafv the pave-dprvkIng ki. In years past, w-e ha. +c bmugltl &miles to lk= of the voung and ehderl and hope to oDnfirarc This worrdefful tradition. We look forward to iaWng wiib your anti Thatrk You for your time to this muter. Seasonally and Sinemllr yours, Eric Iharmok The OrigEnal 1`4impkin PaIW Case No. ZA04 -074 P 1 21104 A0 - 074 Attachment C Page 2 reenw ay Investment Company Conan mial Real Enrate lavesvrnents 2W Hrmount Street. Su91e LOD DOW. Us 75209 September 14, 2104 Ms. Lori I~ atirwel l City of South lake Re: Property Ineated next to the. Dal [as Foam Building on FM 1709 Southlake, Texas Doar Ms. Fairwell: TCkpl m- 2 t4.80A.9fm Fax= 214AR0.0199 Zme my ay ua k e s C nwil.. Co m This Fetter shall s me as allthoriZatiort from the womprs of the above referenced property, to allow Eric Buchanan to ttse this property to sell pumpkins for the month ofOdober 2004. Mr. Buchanan will be responsible to carjy liability insurance, naming the current fawner as additional insurer, in addition the property is to be returnO to its original condition upon comptction of the pumpkin sale. Should you have any questions pleaw feel free to contact roe. Sincerely, IVY ZA44`074 Case No. Attachment C ZA04 -074 Page 3 Surrounding Property Owners Outdoor Sales — Pumpkin Patch 2 3 Owner Zonin 1. Gateway Church "CS" 2. Greenway - 1709 / Eleven 11, Lp B -P' 3. W2001 Wal Real Estate Ltd Prtn "C -3" 4. Greenway — 1709 / Eleven 11, Lp "C -3" 5. Greenway — 1709 / Eleven 11, Lp "S -P -1" Land Use Office Commercial Retail Commercial Retail Commercial Office Commercial Office Commercial 13.675 13.078 16.510 11.219 1.915 Case No. ZA04 -074 Attachment D Page 1 ROUTHLAKE BLVD Surrounding Property Owner Responses Outdoor Sales — Pumpkin Patch Notices Sent: Five (5) Responses: None (0) Case No. ZA04 -074 Attachment E Page 1 RESOLUTION NO. 040 -069 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, LOCATED AT 2171 E. SOUTHLAKE BOULEVARD, BEING LEGALLY DESCRIBED AS LOT 3, J.A. FREEMAN NO. 529 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 outdoor sales or services has been requested by a person or corporation having a proprietary interest in the property zoned as "S -P -1" Detailed Site Plan District; and, WHEREAS, in accordance with the requirements of Section 45.1 (40) and Section 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 property located at 2171 E. Southlake Boulevard, being legally described as Lot 3, J.A. Freeman No. 529 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 7075, Plat Records, Tarrant County, Texas, 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 Case No. ZA04 -074 Attachment F Page 1 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 .2004. CITY OF SOUTHLAKE ATTEST: Lori Farwell City Secretary Case No. ZA04 -074 IM Andy Wambsganss, Mayor Attachment F Page 2 Being property located at 2171 E. Southlake Boulevard, being legally described as Lot 3, J.A. Freeman No. 529 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 7075, Plat Records, Tarrant County, Texas. Case No. ZA04 -074 Attachment F Page 3 w rt �' bA v 2i H m � m W O � Z O O CC Q� V N To &mthiakc Dcparta nt vl'PLMnn1'r18 August 22, X (*4 FMM. Brie Buchanan and Coll= Woad Re: 2171 e_ Southlake Blvd., SouthlaRA Tcrcas 7"2 Fov The Or4pnal Fumpl{in Patch. Ion Whom. TI ,%Aa Concern: 1 vpould lilac Io sijtffnit a brief srinut ary lelter detaili our annual 'X)riginal Pumpkin Faith," 1 would like to paint M the nalum wW knei s of tire. "Dri Siinal Pumpkin Mich-" rlairrly if vori ox wiy of dour colleagues have traNtled, an E. Souffilakc Blvd. (a.k.a. fm 1709) art Souddake during lire mwlh of fklol= in years past, yca would have s n dwc' rigjnal NiTnpkin Patch" (across frcorrr ?l Nlwt) . With much Qumidemtlon Ewd preparation, it yam decided that we should offer the crtizcns of ouitttlake din "o ginal Nw& Palms ideals and principles reflw drat of the city of &xithlakc and %%t strongly heel that the city and 667m will 'both bene,F t from such a fesii -m and autkntk display of Ihis season. 'Phis kegs in sync will, Ibc City's carreir authentic fuels One of the things Ihat we off our visit are the "FictrM Falacc", Or W'lriclr is r( 310 009. We MCO Mgj� Visitor's to taming their awn Cameras, family and friends and take pi,cturos to be 1TMStwW for years to cones This is a welconwd feature by even who visits '"ilre original Pumpkin PR O," We ", offer a ImSevariew of colorful gourds, mecrows, original yard art, candies and several of kirid!s of p mpkitn caNmg a ccesxcie & Most importantly, we offer a - vas l di+,lrs9ly -of aff'orjable Iyumpkim including, but not limited to 'Caspcf'. `Fairytale', and `Cinderella' piwiptdris. 1 hmr. provided ), ou Willi same photos from preMous years and I hope that you will cortsidcr hm plQassant this will be R)r "ur city. "The Orisinal Pumpkin Patch' is not a `pick your parking lot purnpkin.' It is well thought M scram that lim trrought and continues to b irrg an a urticn feel and srrnles to its vis iicsL We gvicrally opea for business on October V and close on Oclob r 11 ", We expect to be ocerrpying the HWVC rfplr 1C4 fixrtu September 26 (Friday) awl Nm a 2' (Suirr sy)_ Thew dales induce grgmrativn. a0d 4.uartup lbr the properly. Mease "wre thal wy will n0 die rrlrlrzirw EhR bridding tocatudorr the propen!y rrrfy the puved i Fol. In years pest. w ba. ITnrl lit Miles to fKes of the dung and etiderly° and hope 10 confimw this iwor rfirl iradiiion. We took forward to Ialki . with you. and Thad You for 3 &or tulle to this matter. Seasonally and Sinccrcly youTs. Eric EuCharian+ '*Tbc Ngiml Priaq*in PaicY Case No. ZA04 -074 P Z A - 0 74 Attachment F Page 5 reenway Investment Company Commemial Read Estare Inve.5iments 2W Fairmount Suvw. Suite IOC Dallas, T Ku 35201 Tr kphamc` 2k L5BG,9nn9 Fax= 214 -98 F.(H B$ greanew$yu!M[fYCTL COM Septentiber 14, 2004 Ms. Lori I~airwell City of Southlake Re: Property located next to the_ Dallas Foam Building on FM 1709 Southlake, Texas Dear his. Fairwell: This letter shall serve as allthnriZatiOn fr€nI the o %mers of the above referenced iroperly, to allow Eric Buchanan to use this property to sell pumpkins for the month of October 2004. Mr. Buchanau wilt be responsible to carry liability insurance, naming the current owner as additional insured. In addition the propE rty is to be returned to its original condition upon completion of the pumpkin sale- Should you have any questions ple feel ffCe to OOntact me, Sincerely, NY ZA04 - 074 Case No. Attachment F ZA04 -074 Page 6