To: Planning and Zoning Commission
From: Amber Washington, Planner I
Subject:
Title
PUBLIC HEARING: Consider a request for a Specific Use Permit (SUP) for The Tiki Hut of Keller to operate a temporary vendor business (sno-cones), located on an approximately 0.5467-acre tract of land, on the east side of South Main Street, at the intersection of Bear Creek Parkway and South Main Street, being Lot 2RB1, Block 1, Bland Square Addition, zoned Commercial (C) and addressed 705 S. Main St. Cathy Smith, Applicant. Todd Hendricks, Owner. (SUP-24-0003)
Background:
The Tiki Hut of Keller was founded in 2003 and has been operating seasonally in Mr. Jim’s Pizza parking lot at 705 South Main since then. The kiosk and all related equipment have been permanently stationed year-round at this location. A Specific Use Permit is required in the Commercial (C) zoning district for seasonal sales per the current Unified Development Code.
The Applicant was awarded an SUP in 2019 for four years of seasonal sales, through the end of September 2023. The SUP was valid for six months per year, beginning April 1st and ending on September 30th. The Applicant is requesting that a new SUP is granted to Tiki Hut in perpetuity, with no future requirement to reapply for the SUP.
Site Design:
The sno-cone stand fits in 4 parking spaces on site. The building takes up 1.5 spaces, with seating provided in the remaining spaces.
Hours of Operation:
Sunday-Saturday (weather permitting) - 3-9 p.m.
Summary:
Section 8.02 (F)(2) of the UDC states that when considering a SUP request, the Planning and Zoning Commission and 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.
Citizen Input:
On February 15, 2024, the city mailed out 10 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.
To date, staff has not received any written support or opposition to this request.
Alternatives:
The Planning and Zoning Commission has the following options when considering a Specific Use Permit:
§ Recommend approval as submitted.
§ Recommend approval with modified or additional condition(s).
§ Table the agenda item to a specific date with clarification of intent and purpose.
§ Recommend denial.
City Council Action:
If the Planning and Zoning Commission takes action and makes a recommendation on this agenda item, then this Specific Use Permit application will be scheduled for City Council action on March 19, 2024.
Supporting Documents:
§ Aerial and Zoning Maps
§ Staff Attachment - Application and Additional Information