To: Mark Hafner, City Manager
From: Julie Smith, Director of Community Development
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving a Specific Use Permit (SUP) for Freedom Freeze, a seasonal snow cone stand on approximately 0.36-acre tract of land on the south side of Keller Parkway (FM 1709), approximately 650 feet southwest from the intersection of Pate Orr Road and Keller Parkway, legally described as Lot 1R1, Block 1 of Burke Simonak Addition, zoned Retail (R) and addressed 804 Keller Parkway. 22Thirty Properties, LLC, Owner. Emily Bulkley, Applicant. (SUP-22-0012)
Background:
The Applicant proposes to operate a seasonal (April to September) snow cone stand in the existing parking lot of Embrace Balance Family Chiropractic. The snow cone stand will be operated out of a 2019 mobile trailer. The Applicant is a chiropractor at the proposed location.
Trailer Size:
The trailer is 9 feet wide and 16 feet long. It will not encroach into the existing fire lane on site, and will fit in one parking space.
Fencing:
The Applicant proposes a white, PVC vinyl 68”x38”x1 3/4" paneled fence to provide a safe waiting area while in line. It will not encroach into the existing fire lane or public right-of-way.
Parking:
Per Section 8.07 of the UDC, medical offices require one parking space per every 200 square feet of gross floor area. At 2,250 square feet, Embrace Balance Family Chiropractic requires 12 parking spaces, and has 21 parking spaces available. The snow cone stand and related fencing will take up three spaces and not affect the parking requirements of the chiropractic office.
Hours of Operation:
The proposed hours of operation are Monday-Saturday: 11 a.m. to 8 p.m. and Sunday: noon to 7 p.m. from April through September.
Citizen Input:
On May 13, 2022, the City mailed out 16 Letters of Notification for this Public Hearing to all property owners within three-hundred feet (300’) of the subject site. A public hearing notice sign was posted on the site. As of June 13, 2022, Staff has received one letter of opposition from a neighboring business (and the basis of the opposition was not included) to the SUP request.
Planning and Zoning Commission Recommendation:
On May 24, 2022 the Commission voted to unanimously recommend approval of the following SUP request with no modifications.
SUP Request:
1. To operate a seasonal snow cone stand from April to September in the parking lot of Embrace Balance Family Chiropractic for three years.
Summary:
Section 8.02 (F)(2) of the UDC states that when considering a SUP request, the City Council shall consider the following factors:
1) The use is harmonious and compatible with surrounding existing uses or proposed uses;
2) The activities requested by the applicant are normally associated with the permitted uses in the base district;
3) The nature of the use is reasonable and appropriate in the immediate area;
4) Any negative impact on the surrounding area has been mitigated; and
5) That any additional conditions specified ensure that the intent of the district purposes are being upheld.
Alternatives:
The City Council has the following options when considering a Specific Use Permit:
§ Approve as submitted (Planning and Zoning Commission recommendation).
§ Approve with modified or additional condition(s).
§ Table the agenda item to a specific date with clarification of intent and purpose.
§ Deny.