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Item 6F Department of Planning & Development Services STAFF REPORT January 13, 2010 CASE NO:ZA09-074 PROJECT:Specific Use Permit to Allow a Tent for the Purpose of Promoting Retail Sales – 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 proposed to be located in the central parking area of the Village Center shopping center, estimated to reduce the number of parking spaces on the site by 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 the regulations. This event has been successful for three consecutive years and thus applicant is requesting this specific use permit be approved for a period of three years unless the scope of the event changes. Duration of tent: February 10 through February 16, 2010 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 10 through February 16, 2009 by this same applicant for the purpose of selling Valentine’s Day flowers (Case ZA08-117). If approved, this will be the fourth year that this request has been granted. ACTION NEEDED:1. Conduct public hearing 2. Consider approval of specific use permit ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information – Link to Presentation (D) Surrounding Property Owners Map (E) Surrounding Property Owners Responses (F) Resolution No. 10-009 STAFF CONTACT: Ken Baker (817)748-8067 Lorrie Fletcher (817)748-8069 Case No. ZA09-074 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, 2007; 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. January 20, 2009; City Council approved (4-2) a similar request for a tent sale for the purpose of selling Valentine’s Day flowers. P&Z ACTION: January 7, 2010; Approved (6-0) as presented and subject to the Staff Report dated December 31, 2009. STAFF COMMENTS: Due to the limited scope of this request, no formal review was generated. The applicant is requesting to have a tent for the purpose of promoting retail sales for the period of Wednesday, February 10 through Tuesday, February 16, 2010. 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”. Case No. Attachment A ZA09-074Page 1 Case No. Attachment B ZA09-074Page 1 Site Plan Tent Location Case No. Attachment C ZA09-074Page 1 Proposed Tent Tent will be 20 feet by 30 feet and will be completely white. Case No. Attachment C ZA09-074Page 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 ZA09-074Page 3 Letter from the Applicant Case No. Attachment C ZA09-074Page 4 Surrounding Property Owners Kroger – Southlake Village Center 11 8 10 3 9 6 7 5 1 2 4 SPO Owner Zoning Land Use Acreage Response # Ethan Allen Retail Inc SP1 Retail Commercial 2.06 1. NR Greenway-1709/Eleven II Lp SP1 Retail Commercial 1.75 2. NR Inland W Southlake Corners Ltd C3 Regional Retail 16.71 3. NR Gateway Church CS Office Commercial 13.65 4. NR Halek, Jason A & James M O1 Office Commercial 1.47 5. NR Southlake Food Mart Lp C3 Town Center 0.93 6. NR Wendys International Inc C3 Town Center 0.79 7. NR Eqyinvest Owner II Ltd Llp C3 Town Center 13.14 NR 8. Jpmorgan Chase Bank C3 Town Center 2.11 NR 9. Goldfish (De) Lp C3 Town Center 4.66 NR 10. Hd Development Propertiex, Lp C3 Town Center 11.60 11. NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Eleven (11) Responses Received: None (0) Case No. Attachment D ZA09-074 Page 1 RESOLUTION NO. 10-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT TO ALLOW A TENT FOR THE PURPOSE OF PROMOTING RETAIL SALES LOCATED IN THE CENTRAL PARKING AREA OF THE VILLAGE CENTER SHOPPING CENTER AT 2110 EAST SOUTHLAKE BOULEVARD, BEING LEGALLY DESCRIBED AS LOT 3, BLOCK 1, VILLAGE CENTER ADDITION, 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 to allow a tent 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 to allow a tent for the purpose of promoting retail sales, on property within the City Of Southlake, Texas, located at 2110 East Southlake Boulevard, location being legally described as Lot 3, Block 1, Village Center Addition, an addition to the City of Southlake, Tarrant County, Texas, 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 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: Case No. Attachment F ZA09-074 Page 1 SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS ____ DAY OF January, 2010. CITY OF SOUTHLAKE By: _________________________________ John Terrell, Mayor ATTEST: _________________________________ Lori Payne City Secretary Case No. Attachment F ZA09-074 Page 2 EXHIBIT A Property located at 2110 East Southlake Boulevard, location being legally described as Lot 3, Block 1, Village Center Addition, an addition to the City of Southlake, Tarrant County, Texas. Case No. Attachment F ZA09-074 Page 3 EXHIBIT B Tent Location Case No. Attachment F ZA09-074 Page 4 Proposed Tent Tent will be 20 feet by 30 feet and will be completely white. 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 ZA09-074 Page 5 Case No. Attachment F ZA09-074 Page 6