Item 6E
Department of Planning & Development Services
STAFF REPORT
January 14, 2009
ZA08-117
CASE NO:
Specific Use Permit to Allow a Tent for the Purpose of Promoting Retail Sales
PROJECT:
– Kroger Food Store #512
REQUEST: Kroger is requesting approval of a specific use permit to allow a tent for the purpose of
promoting retail sales. The tent is proposed to be approximately 20 feet by 30 feet and
is to be set up for the dates of Tuesday, February 10 through Monday, February 16,
2009. The hours of operation for the sale will be from 6:00 a.m. to 10:00 p.m. each
day. The tent is proposed to be located in the central parking area of the Village
Center shopping center and is estimated to reduce the number of parking spaces on
the site by approximately 8 to 12 spaces. A tent permit application is required to be
submitted to the Building Inspections Division demonstrating that the tent will meet
current building and fire regulations.
Duration of tent: February 10 through February 16, 2009
Hours of Operation: 6:00 a.m. to 10:00 p.m. daily
Parking: The required parking for this lot is 627 spaces and the
provided parking is 655 spaces. The tent sale is estimated
to reduce parking by up to 12 spaces, leaving 643 spaces.
Signs: One 36 sq. ft. (12 ft. by 3 ft.) banner sign on the tent.
A specific use permit for this purpose can be approved for no more than two events
per lot per calendar year with a minimum of 60 days between events. The last tent
sale for this site was held from February 9 through February 16, 2008 by this same
applicant for the purpose of selling Valentine’s Day flowers (Case ZA07-154). If
approved, this will be the third year that this request has been granted.
1. Conduct public hearing.
ACTION NEEDED:
2. Consider Specific Use Permit approval.
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
(D) Surrounding Property Owners Map
(E) Surrounding Property Owners Responses
(F) Resolution No. 09-003
STAFF CONTACT: Ken Baker (748-8067)
Jenny Crosby (748-8195)
Case No.
ZA08-117
BACKGROUND INFORMATION
OWNER/APPLICANT: Kroger Food Store # 512
PROPERTY SITUATION: 2110 E. Southlake Boulevard
LEGAL DESCRIPTION: Lot 3, Block 1, Village Center Addition
LAND USE CATEGORY: Town Center
CURRENT ZONING: C-3 General Commercial District
HISTORY: January 15, 2008; City Council approved (5-1) a similar request for a
tent sale for the purpose of selling Valentine’s Day flowers.
January 16, 2008; City Council approved (6-1) a similar request for a
tent sale for the purpose of selling Valentine’s Day flowers.
P&Z ACTION: January 8, 2009; Approved (6-0), reflecting the dates and times as
represented in Staff’s Report, dated January 2, 2009.
STAFF COMMENTS: Due to the limited scope of this request, no review letter was
generated. The applicant is requesting to have a tent for the purpose of
promoting retail sales for the period of Tuesday, February 10 through
Monday, February 16, 2009. A narrative of the event, a site exhibit
showing the approximate location of the tent, and photo of the
proposed banner sign have been provided as Attachment “C”.
N:\Community Development\MEMO\2008cases\117 - SUP - Kroger (Tent Sale)\Staff Report\ZA08-117.CC 2009-01-20.doc
Case No. Attachment A
ZA08-117 Page 1
Case No. Attachment B
ZA08-117Page 1
Link to Presentation
Site Plan
Tent Location
Case No. Attachment C
ZA08-117Page 1
Proposed Tent
Tent will be 20 feet by 30 feet and will be completely white (no stripes).
Case No. Attachment C
ZA08-117Page 2
Proposed Banner Sign
Sign will be similar to sign pictured below and will be attached to the outside of the tent.
Sign measures approximately 12 feet by 3 feet.
Case No. Attachment C
ZA08-117Page 3
Case No. Attachment C
ZA08-117Page 4
Surrounding Property Owners
Kroger – Southlake Village Center
Owner Zoning Land Use Acreage Response
Office Commercial NR
1. Ethan Allen Retail Inc SP1 2.018
Office Commercial NR
2. Greenway-1709/Eleven II Lp SP1 1.755
Regional Retail NR
3. Inland W Southlake Corners Ltd C3 17.261
Office Commercial NR
4. Gateway Church CS 13.811
Office Commercial NR
5. N3 Development Ltd O1 1.473
Town Center NR
6. Southlake Food Mart Lp C3 0.937
Town Center NR
7. Wendys International Inc C3 0.79
Town Center NR
8. Eqyinvest Owner II Ltd Llp C3 13.148
Town Center NR
9. Jpmorgan Chase Bank C3 2.115
Town Center NR
10. Goldfish (De) Lp C3 4.663
Town Center NR
11. Hd Development Propertiex, Lp C3 11.604
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Case No. Attachment D
ZA08-117Page 1
Surrounding Property Owner Responses
Kroger Tent Sale
Notices Sent: Eleven (11)
Responses: None
Case No. Attachment E
ZA08-117 Page 1
RESOLUTION NO. 09-003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A
TENT FOR THE PURPOSE OF PROMOTING RETAIL SALES ON
PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED
AT 2110 E. SOUTHLAKE BOULEVARD, BEING LEGALLY
DESCRIBED AS A PORTION OF LOT 3, BLOCK 1, VILLAGE
CENTER ADDITION, PHASE 1, 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 atent for the purpose of promoting retail sales has
been requested by a person or corporation having a proprietary interest in the property zoned as
“C-3” General Commercial District; and,
WHEREAS
, in accordance with the requirements of Section 45.1 (41) 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 atent for the purpose of promoting retail sales
on the property located at 2110 E. Southlake Boulevard, being legally described as a portion of Lot
3, Block 1, Village Center Addition, Phase 1, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Cabinet ‘A’, Slide 3049, Plat Records, Tarrant County,
Case No. Attachment F
ZA08-117 Page 1
Texas, 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 the
granting of this Specific Use Permit:
1.
SECTION 2.
This resolution shall become effective on the date of approval by the City Council.
PASSED AND APPROVED THIS 20TH DAY OF JANUARY, 2009.
CITY OF SOUTHLAKE
By: _________________________________
Andy Wambsganss, Mayor
ATTEST:
_________________________________
Lori Farwell, TRMC
City Secretary
Case No. Attachment F
ZA08-117 Page 2
EXHIBIT “A”
Being property located at 2110 E. Southlake Boulevard, being legally described as a portion of Lot
3, Block 1, Village Center Addition, Phase 1, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Cabinet ‘A’, Slide 3049, Plat Records, Tarrant County,
Texas.
Case No. Attachment F
ZA08-117 Page 3
EXHIBIT “B”
Site Plan
Tent Location
Case No. Attachment F
ZA08-117 Page 4
Proposed Tent
Tent will be 20 feet by 30 feet and will be completely white (no stripes).
Case No. Attachment F
ZA08-117 Page 5
Proposed Banner Sign
Sign will be similar to sign pictured below and will be attached to the outside of the tent.
Sign measures approximately 12 feet by 3 feet.
Case No. Attachment F
ZA08-117 Page 6
Case No. Attachment F
ZA08-117 Page 7