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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 ZA15-061 Page 2 Case No. Attachment B ZA15-061 Page 1 Narrative Case No. Attachment C ZA15-061 Page 1 Case No. Attachment C ZA15-061 Page 2 Case No. Attachment C ZA15-061 Page 3 Case No. Attachment C ZA15-061 Page 4 Site Plan Case No. Attachment C ZA15-061 Page 5 Photo Examples Case No. Attachment C ZA15-061 Page 6 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 ZA15-061 Page 1 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 ZA15-061 Page 3 EXHIBIT “B” Reserved for approved plans Case No. Attachment E ZA15-061 Page 4