To: Planning and Zoning Commission
From: JP Ducay, 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 (snow cones), located on an approximately 0.5467-acre tract of land, on the east side of South Main Street (U.S. HWY 377), at the intersection of Bear Creek Parkway and South Main Street (U.S. HWY 377), being Lot 2RB1, Block 1, Bland Square Addition, at 705 South Main (U.S. HWY 377) accessory to Mr. Jim’s Pizza (Account #: 05744830), and zoned C (Commercial). (SUP-19-0011) Cathy Smith, Applicant. Todd Hendricks, Property Owner.
Action Requested:
Consider a recommendation of a Specific Use Permit (SUP) for The Tiki Hut of Keller to operate a temporary vendor business (sno-cones) from April - September at 705 S. Main.
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.
The requirement for an SUP was overlooked for this location in past years. The Applicant believed the business to be a legal, non-conforming (grandfathered) use. However, the Tiki Hut is nonoperational for more than six months out of the year so cannot retain a legal, nonconforming status. Subsequently the applicant submitted an SUP request for approval for seasonal use on an annual basis to expire September 2023. At this point, the Applicant can apply to renew the SUP for an additional four years.
Staff Analysis:
The Tiki Hut of Keller has been operating seasonally from this location since 2003 as a legal, nonconforming use. However, because the use is non-operational for 6 months out of the year, a legal non-conforming status does not apply. This business must obtain SUP for seasonal sales in this zoning district (Commercial) per the current UDC.
Staff forwards this Specific Use Permit for the Planning and Zoning Commission’s consideration with the following condition:
1. This Specific Use Permit shall be valid for six (6) months per year beginning April 1st and ending September 30th for four (4) years. This Specific Use Permit shall expire on September 30th, 2023.
Citizen Input:
On May 24, 2019, the City mailed out nine (9) letters of notifications for a Public Hearing to all property owners within three hundred feet (300’) of the subject site. A sign was also posted on the site.
As of June 10, 2019, staff has not received any letters from the public regarding this application.
Summary:
Section 8.04 (B.2.a) 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.
Planning and Zoning Action:
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)
- Tabling 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 July 2, 2019.