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