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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