Item 6B
Department of Planning & Development Services
S T A F F R E P O R T
August 10, 2015
CASE NO: ZA15-061
PROJECT: Specific Use Permit for Outdoor Sales or Services for The Fresh Market
EXECUTIVE
SUMMARY:
The Fresh Market is requesting approval of a Specific Use Permit to allow Outdoor
Sales or Services on property described as Lot 1, Block 1, Park Village, an
addition to the City of Southlake, Tarrant County, Texas, and located at 1035 E.
Southlake Blvd. Current Zoning: “S-P-1” Detailed Site Plan District. SPIN
Neighborhood # 9.
REQUEST
DETAILS:
The Fresh Market is requesting approval of a Specific Use Permit (SUP) for
outdoor sales or services to display produce in front of the existing store in the
Park Village development. The display area will encompass the sidewalk space in
front of three windows on each side of our front entrance. Each area will take up
2’-5” x 12’ with freestanding fixtures on wheels, leaving the required 44” distance
for pedestrian pathways. The displays are proposed to be outside during normal
operating hours from 8:00 a.m. to 9:00 p.m. seven days a week. The applicant is
requesting that the SUP be approved for a period of three (3) years.
The applicant has revised the narrative letter to reflect the following conditions of
approval by the Planning and Zoning Commission at the August 6, 2015 meeting:
1. The SUP is limited to produce only.
2. The SUP is limited to a period of three (3) years from the date of approval.
ACTION NEEDED: 1) Conduct a public hearing
2) Consider approval of a Specific Use Permit
ATTACHMENTS:
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information – Link to Presentation
(D) Surrounding Property Owners Map & Responses
(E) Resolution No. 15-041
STAFF CONTACT:
Dennis Killough (817)748-8072
Richard Schell (817)748-8602
Case No.
ZA15-061
BACKGROUND INFORMATION
APPLICANT:
The Fresh Market
PROPERTY ADDRESS:
1035 E. Southlake Blvd.
PROPERTY
DESCRIPTION:
Lot 1, Block 1, Park Village
LAND USE CATEGORY:
Retail Commercial and Medium Density Residential
CURRENT ZONING:
“S-P-1” Detailed Site Plan District
PLANNING AND ZONIING
COMMISSION ACTION:
August 6, 2015; Approved (5-1) specifically noting that the Specific Use
Permit is limited to produce only and it will be limited to a period of three
years only and subject to the staff report dated July 31, 2015.
STAFF COMMENTS:
Due to the limited scope of this proposal, no review comments were
prepared.
The City Council shall consider the following in determining whether to
grant a Specific Use Permit for outdoor sales or services according to the
Comprehensive Zoning Ordinance No. 480, Section 45.12, as amended:
45.12 SPECIFIC REGULATIONS FOR OUTDOOR SALES OR
SERVICES
a. Approval of a specific use permit for outdoor sales or services shall
be based upon an analysis of the location, the site layout and
design features, the assurance that the adjoining streets can handle
higher volumes of traffic during peak hours of traffic loading without
a requirement to divert traffic onto traditional residential streets and
the compatibility of the proposed use with adjacent land uses.
b. A fixed time period (specific dates) for the outdoor sale or service
activity to commence shall be established in the specific use permit.
The permit for the sale or service activity shall be established and
unless otherwise stated in the permit, shall be valid one year from
the date of approval by the City Council.
c. Regulations for any structure used to conduct the outdoor sale or
services activity including but not limited to, size, color, location of
equipment, lighting and signage shall be established in the specific
use permit.
d. The location of outdoor sale or service activity shall not reduce the
parking requirements or effectiveness of landscaped or buffer areas
and the areas for the display of merchandise shall not adversely
impact the ability of pedestrians or vehicles to move about the lot.
Case No. Attachment A
ZA15-061 Page 1
e. The site must provide adequate ingress and egress.
f. Provisions for waste collection, recycling and/or disposal may be
established in the specific use permit.
g. Each sidewalk or pedestrian way on the approved site plan shall be
a minimum of forty-four inches (44”) in width. Additional width may
be required and pedestrian ways shall be subject to the Americans
with Disability Act Accessibility Guidelines for Building and
Facilities.
Case No. Attachment A
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Case No. Attachment B
ZA15-061 Page 1
Narrative
Case No. Attachment C
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Case No. Attachment C
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Case No. Attachment C
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Site Plan
Case No. Attachment C
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Photo Examples
Case No. Attachment C
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Surrounding Property Owners
The Fresh Market
Owner Zoning Physical Address Acreage Response
1. Carroll/1709 Ltd SP2 1201 E SOUTHLAKE BLVD 5.35 NR
2. Weatherford Loan Company SP1 829 E SOUTHLAKE BLVD 0.41 NR
3. Weatherford Loan Company SP1 821 E SOUTHLAKE BLVD 0.20 NR
4. Zelda Partners Ltd AG 811 E SOUTHLAKE BLVD 11.60 NR
5. Rucker, Zena Sullivan Tr AG 841 E SOUTHLAKE BLVD 4.66 NR
6. Ali, Zulfiqar Etux Samreen Ali SF20B 300 LAKESIDE CT 2.27 NR
7. Poonawala, Shiraz Etux Yasmeen SF20B 302 LAKESIDE CT 2.36 NR
8. Sl Oak Tree Est Homeownr Assn SF20B 1200 WESTMONT DR 2.12 NR
9. Carroll/1709 Ltd SP2 251 S CARROLL AVE 0.06 NR
10.East Southlake #2 Ltd SP1 910 E SOUTHLAKE BLVD 0.06 NR
11.East Southlake #1 Ltd SP1 900 E SOUTHLAKE BLVD 0.06 NR
12.Mendez Ltd SF1-A 1050 E SOUTHLAKE BLVD 0.06 NR
13.Mendez Ltd AG 918 E SOUTHLAKE BLVD 0.06 NR
14.Greenway Crestwood Partners SP2 1100 E SOUTHLAKE BLVD 0.06 NR
15.Greenway-Southlake Office Prtn SP1 1110 E SOUTHLAKE BLVD 0.06 NR
16.Weatherford Loan Company SP1 835 E SOUTHLAKE BLVD 0.12 NR
17.Excel Southlake Lp SP1 430 S CARROLL AVE 0.05 NR
18.Terra/Winding Creek Llc RPUD 450 S CARROLL AVE 0.06 NR
19.Excel Southlake Lp SP1 1001 E SOUTHLAKE BLVD 0.06 NR
20.Excel Southlake Lp SP1 400 S CARROLL AVE 0.08 NR
21.Terra Winding Creek Llc SP2 420 S CARROLL AVE 0.07 NR
22.Terra/Winding Creek Llc AG 440 S CARROLL AVE 0.07 NR
23.Carroll/1709 Ltd SP2 275 S CARROLL AVE 0.07 NR
24.Town Square Ventures Lp DT 1200 E SOUTHLAKE BLVD 0.08 NR
Case No. Attachment D
ZA15-061 Page 1
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent:
Twenty-four (24)
Responses Received:
None (0)
Case No. Attachment D
ZA15-061 Page 2
RESOLUTION NO. 15-041
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT
TO
ON PROPERTY
ALLOW OUTDOOR SALES OR SERVICES
DESCRIBED AS LOT 1, BLOCK 1, PARK VILLAGE, AN
ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY,
TEXAS AND LOCATED AT 1035 E. SOUTHLAKE BLVD., MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A”, AND
AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED
HERETO AND INCORPORATED HEREIN AS EXHIBIT “B” AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS
, a Specific Use Permit for has been requested by a
Outdoor Sales or Services
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(39) 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 for , more fully and completely described
Outdoor Sales or Services
in Exhibit “A”, and as depicted on the approved Site Exhibit 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. The following specific
Case No. Attachment E
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requirements and special conditions shall be applicable to this Specific Use Permit:
SECTION 2.
This resolution shall become effective on the date of approval by the City Council.
PASSED AND APPROVED THIS _____ DAY OF ______, 2015.
CITY OF SOUTHLAKE
By: _________________________________
Laura Hill, Mayor
ATTEST:
_________________________________
Lori Payne, TRMC
City Secretary
Case No. Attachment E
ZA15-061 Page 2
EXHIBIT “A”
Being property described as Lot 1, Block 1, Park Village, an addition to the City of Southlake,
Tarrant County, Texas, according to the plat filed as Instrument No. D214243429, Plat Records,
Tarrant County, Texas and located at 1035 E. Southlake Blvd.
Case No. Attachment E
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EXHIBIT “B”
Reserved for approved plans
Case No. Attachment E
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