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2005-071e , f OFFICIAL RECORD RESOLUTION NO.05-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE SALES FROM KIOSKS ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS A PORTION OF LOT 2, BLOCK 3R1 AND LOT 3, BLOCK 4R, SOUTHLAKE TOWN SQUARE, PHASE I AND ON A PORTION OF TRACTS 2A5 AND 3, SITUATED IN THE RICHARD EADS SURVEY, ABSTRACT NO. 481, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for the sales from kiosks has been requested by a person or corporation having a proprietary interest in the property zoned as "DT" Downtown District; and, WHEREAS, in accordance with the requirements of Section 37 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 is hereby granted for the sale from kiosks on the property being legally described as a portion of Lot 2, Block 3R1 and Lot 3, Block 4R, Southlake Town Square, Phase I, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet `A', Slides 6888 & 6889, Plat Records, Tarrant County, Texas and on a portion of Tracts 2A5 and 3 in the Richard Eads Survey, Abstract No. 481, more fully and completely described in Exhibit "A", and as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit `B" and providing an effective date, subject to the Page 1 provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions shall be applicable to the granting of this Specific Use Permit: 1. Limiting sales to four lots identified on Exhibit `B"; 2. Requiring all of the kiosks to be the same color of a deep rich grey; 3. Requiring the kiosks to be subject to and to be maintained consistent with the current Town Square practices and standards with respect to cleanliness, signage, and marketing of their wares; 4. Requiring that no storage be publicly displayed in the kiosks aside from the items displayed for sale; ' 5. Requiring that no items will be for sale outside the kiosks; 6. Requiring that no fruit and vegetables be sold in the kiosks; 7. Stating that the kiosks will be manufactured in Italy and put up by two Italian guys; 8. Accepting the Specific Use Permit regulations as presented by the applicant. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS 7TH DAY OF FEBRUARY, 2006. CITY OF SOUTHLAKE By: Andy Wambsganss, Mayor ATTEST: Page 2 Lori Farwell, TRMC City Secretary Page 3 Being legally described as a portion of Lot 2, Block 3R1 and Lot 3, Block 4R, Southlake Town Square, Phase I, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet `A', Slides 6888 & 6889, Plat Records, Tarrant County, Texas and on a portion of Tracts 2A5 and 3 in the Richard Eads Survey, Abstract No. 481. Page 4 EXHIBIT "B" offili o; ..!, e.•t��3121t _•;- '(f �9�11 �� �fE�, Eiiille�i � � ��•- ygE o �� tl 'lllhiil� 11 138`� 2101 W fa>EI EF16 m o f a, r6 I� � s�'jig so \ fie i �,: "'",.;.y```" ;/ '�t'c�• � six � Page 5 Proposed Kiosk Uses & Regulations SOUTHLAKE TOWN SQUARE KIOSK REGULATIONS Regulations ("Kiosk Regulations") in support of the Kiosk S.U.P. requested by SLTS Grand Avenue, L.P, are as set forth below. The following development regulations and standards shall be applicable and shall control to the extent of any conflict with any other Development Regulations, Sign Regulations, Comprehensive Zoning Ordinance, Sign Ordinance, Landscape Ordinance and Subdivision Ordinance. 1.0 Permitted Uses Permitted uses are as follows: Land Use Category Conimerciizl: Uses _ SRetail'Sales ■ Antique shops ■ Art galleries, dealers, sales and supplies ■ Artists' workshops and studios ■ Books, magazines, music, stationery, novelty, variety, etc. ■ Camera and photographic supplies ■ Clothing, jewelry, luggage, shoes, etc. ■ Cosmetic and beauty supplies ■ Electronics, appliances, computer, and software — sales, and service ■ Florist ■ Fruit and vegetable store ■ Furniture or home furnishings ■ Optician and optical store ■ Pet supply store ■ Specialty food store ■ Fitness, recreational sports, sporting goods, toy and hobby, musical instruments ■ Tailors and custom apparel makers ■ Tobacco or tobacconist establishment .commercial Uses Busiiress;=professional, and.technicah. 'uses -T •,-:'...--rr;a'�- �: .:�:.,�:_,��:- i:r cr �,. +':,..�,; n �'�"''4. ti�:., ■ Advertising, media, and photography services ■ Personal services ■ Travel arrangement and reservation services Other Uses ■ Informational RFC ,1 ."d 0 1 L006 Page 7 2.0 Development Regulations Kiosk development in the Downtown district shall be exempt from the all standards specified under Section 43 in lieu of the development standards set forth below. In the Downtown district, the following development regulations shall be applicable to all Kiosks: a. Building Height: There is no minimum height. Kiosks shall not exceed one (1) story or a height of fourteen (14) feet. The height shall be measured from the sidewalk or ground surface elevation along the side of the building fronting onto a public right-of-way to the top of the roof for flat roofs (not the parapet) and the mid -point for sloped roofs. b. Front, Side and Rear Yards: No front, side or rear yard setback is required. c. Maximum Lot Coverage/Maximum Floor Area: The maximum lot coverage for individual lots is 100%, based on a maximum lot size of twelve (12) feet by eighteen (18) feet, or two hundred sixteen (216) square feet. d. Location: Kiosks shall only be permitted on approved lots of record, subject to and in accordance with the conditions of an approved specific use permit. Kiosks shall be prohibited in public right-of-way or on public land. e. Projections into Required Setback or into a Right -of -Way: The following projections shall be permitted into a required setback or landscape area or into a public easement or right-of-way, provided that i) such projections do not extend over the traveled portion of a roadway; ii) the property owner has assumed liability related to such projections; and iii) the property owner shall maintain such projections in a safe and non - injurious manner: Ordinary building projections, including but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to twenty-four (24) inches beyond a building face or architectural projection. Roof eaves may project up to thirty-six (36) inches beyond the building face or architectural projection. Canopies, awnings and/or openable windows (when extended) may, when located not less than seven feet (7') above the ground elevation, project from building face and may extend up to thirty- six (36) inches beyond the building face or architectural projection. Page 2 CADocuments and Setting.Alleichc6Ucal Settings\Tetnpnmry Imemet FiWOL K309\GAKiuskRegulatioms doc RFC D , I Page 8 4. Below -grade footings approved in connection with building permits. f. Signage: Kiosk signage shall be subject to the Sign Regulations approved for the Grand Avenue District, for buildings lying within the Southern Sub -District ("GA Sign Regulations"), subject to the following additional restrictions: 1. Maximum Letter/Logo Height: Lettering on Kiosk Signs shall not exceed a maximum size of twelve (12) inches, subject to the maximum sign area allowed. Maximum Area: The total area of all signs displayed on a Kiosk wall which faces a street, drive or parking area shall not exceed the lesser of fifteen (15) square feet or one (1) square feet for each foot of building width facing the street, sidewalk, public park or parking area. Number of Signs: One (1) Fascia Sign or hanging Sign shall be allowed on each building wall, below the roof line. Window and/or Awning signage may also be permitted, subject to the Maximum Area limitation. One (1) Sign shall also be permitted on the roof, in accordance with the approved elevation for the Kiosk. g. Outside Storage: No items or merchandise shall be permitted to be stored outside the Kiosk. h. Waste Removal: All waste generated from the Kiosk shall be stored in and disposed from an approved trash receptacle located in either the East (Block 4) Parking Garage or the West (Block 3) Parking Garage. i. Mechanical Equipment: Mechanical equipment shall be located inside the Kiosk, with any penetrations in the building wall to be painted in the same color as the surrounding building. j. Outdoor Sales: No items or merchandise shall be permitted to be sold outside the Kiosk. Page 3 C\Documents and Settings\lllelcheALocal Settings\Teinpoiary Internet Files\OLK309\GAKinskRcgulations doe RFC', . ; r `J OU 1 2006 Page 9 Kiosk Details 3109.001.001 N] ROOF PLAN - Scale 1:20 Page 10 3— o v CC N f0 rnE c � W PLAN - Scale 1:20 r Fixed Window Fixed Window Fixed Window 4315 mm [ 14' 1 7/8'] ZD ♦ ` '-I o� E E 0 n N 1 Fixed Window Standard Door 4635 mm [15' 2 Fixed Window 1545 mm [5' 0 13/16'1 SIDE VIEW - Scale 1:20 1"11CCI❑o pl • • Page 11 Fiberglass Decorative band in aluminum Cast iron bracket Cast iron band with five decorated squares Cast iron upper column Cast Iron top ledge Cast iron ower column Hot galvanized steel sheet decorated with two squares Cast iron SIDE VIEW - Scale 1:20 SECTION A -A - Scale 1:20 Page 12 Perimeter of the foundation FOUNDATION PLAN - Scale 1:20 E E 1545 MM [5' 0 13/16'1 o External perimeter of the kiosk • Line for curb foundation KIOSK WEIGHT 4500 Kg Wiring exit 30 mm (1 3/16') dam. max STANDARD DOOR FOUNDATION DETAIL - Scale 1:4 Final floor surface Page 13 t *61k # v Oro ont qot*. too !to 4