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15-041RESOLUTION NO. 15-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING 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., 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 Outdoor Sales or Services has been requested by a 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 Outdoor Sales or Services, 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, subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions shall be applicable to this Specific Use Permit: Resolution 15-041 Page 1 City Council motion for approval on August 18, 2015: Approved (6-1) subject to the staff report dated August 10, 2015 noting the following; this will be a one year grant with the applicant coming back at one year's time, the displays will be limited to produce only and noting that the implementation of this will be subject to what has been represented to Council tonight by the applicant, specifically, as a couple of examples, the fixtures are movable and not permanent and they are returned into the store each night and signage is limited to what was represented to Council tonight, specifically chalk board type signage. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS 18th DAY OF August, 2015. ATTEST: - �L PO Lori Payne, TRMC City Secretary CITY OF SOYTHLAKE By: rq�;�W� — L a Hi , Mayor Resolution 15-041 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. Resolution 15-041 Page 3 W011:11M:�i Narrative August 18, 2015 Richard Schell City of Southlake Texas 1400 Main Street, Suite 310 Southlake, Texas 76092 RE: The Fresh Market — application for sidewalk display Dear Richard; As part of the submittal process, I am submitting my narrative as follows: The Fresh Market, founded on the principal of open markets in Europe, used outdoor displays to welcome customers as they come to purchase produce, meats, etc. for their daily meals. As we have grown, we have maintained the outdoor visual enticement with displays of produce. For our location in South Lake, Texas, our 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, leaving the required distance for pedestrian pathways. These fixtures typically have wheels on the bottom for ease of movement in and out of the store and most typically wood. The two photos below show the types of display fixtures that we used prior to knowing that we did need a permit. The displays will not angle at the doorway as shown here, but would follow the plan in the submitted drawings. CASE NO: ZA15-061 628 Green Valley Road, Suite 500, Greensboro, NC 27408 Resolution 15-041 Page 4 Outside The Fresh Market: South Lake, Texas The displays would be outside during our normal operating hours of 8:00 AM to 9:00 PM seven days a week. We close three days out of the year for Thanksgiving, Christmas and Easter Sunday. We are requesting that our special use permit be approved for three- years. CASE NO: ZA15-061 Approved for one year in Council motion on August 18, 2015 628 Green Valley Road, Suite S00, Greensboro, NC 27408 Resolution 15-041 Page 5 We do not have require any additional lighting on the displays as the light from our store windows and building lighting will suffice during the evening hours. For signage, we typically have small chalkboard type signs that hook onto the display table as shown in the attached photo from a store opening in Baybrook, TX. Other signage that we typically have at all of our stores is an easel chalkboard to highlight daily specials inside the store. The location of the outdoor display has no impact to parking requirements, does not interfere with the landscaping (there is none in this area) and will not impact pedestrian accesses or mobility in the lot. Our store staff will be responsible for monitoring the cleanliness on a daily basis and our property owner will be responsible for on-going cleaning of this portion of the common area as outlined in our lease. CASE NO: ZA15-061 628 Green Valley Road, Suite 500, Greensboro, NC 27408 Resolution 15-041 Page 6 We have performed field measurements and the distance from the edge of our display to the inside of the bollards equals the city requirement of 44" or more. Respectfully yours, ?i0M4 �0" Wendy Johnson, CSM/CMD Real Estate Property Manager CASE NO: ZA15-061 628 Green Valley Road, Suite 500, Greensboro, NC 27408 Resolution 15-041 Page 7 DA weyano m nrti�ia�ti Site Plan A Resolution 15-041 Page 8 I j i Z7, to; 9 A Resolution 15-041 Page 8 Photo Examples Resolution 15-041 Page 9