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Item 6D Department of Planning & Development Services S T A F F R E P O R T August 13, 2008 ZA08-055 CASE NO: Specific Use Permit for a Tent Sale – American Backyard PROJECT: REQUEST: American Backyard is requesting approval of a specific use permit to allow tents for the purpose of promoting retail sales. The applicant is proposing to use two (2) tents that are to be approximately 800 square feet (20 ft x 40 ft) each and are to be set up for the dates of Wednesday, August 27 through Wednesday, September 10. The hours of operation for the sale will be from 9:00 a.m. to 8:00 p.m. Monday through Saturday and from 11:00 a.m. to 6:00 p.m. on Sunday. The Zoning Ordinance allows up to 23 days maximum per tent sale. The tent is proposed to be located in the parking area in front of American Backyard in the Southlake Corners shopping center. A tent permit application is required to be submitted to Building Services Department demonstrating that the tent will meet current building and fire regulations. No signage is proposed on the tents. Sale tags measuring 8 ½” x 11” and 3” x 5” will be attached to the furniture. The applicant is proposing to reduce the parking by 30 spaces. Seven hundred seven- four (774) parking spaces are required and provided. However, all the lease space in the center is not occupied. Therefore, the shopping center will still meet the parking requirements with the removal of 30 spaces. Duration of tents: August 27 through September 10, 2008 Hours of Operation: 9 a.m. to 8 p.m. Mon. - Sat. & 11 a.m. to 6 p.m. Sun. Parking: Estimated to reduce parking by 30 spaces A specific use permit for this purpose can be approved for no more than two events per calendar year with a minimum of 60 days between events. The last tent sale for th this business was held August 29ththrough September 12 of 2007. 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 Resolution No. 08-043 (F) STAFF CONTACT: Ken Baker (748-8067) Case No. ZA08-055 Richard Schell (748-8602) Case No. ZA08-055 BACKGROUND INFORMATION OWNER/APPLICANT: American Backyard PROPERTY SITUATION: 200 N. Kimball Ave. LEGAL DESCRIPTION: Lot 2A, Block 1, Farrar Addition LAND USE CATEGORY: Regional Retail CURRENT ZONING: “C-3” General Commercial District HISTORY: -A tent sale was approved by City Council for the same event on stth September 5, 2006 and was held September 21 through the 25of 2006. -A tent sale was approved by City Council for the same event on th August 21, 2007 and was held August 29th through the September 12 of 2007. P&Z ACTION: August 7, 2008; Approved (5-0) subject to Staff Report dated August 1, 2008. STAFF COMMENTS: Due to the limited scope of this request, no new review letter was generated. The applicant requests to have a tent for the purpose of promoting retail sales for the period of Wednesday, August 27 through Wednesday, September 10. A narrative of the event and a site exhibit showing the approximate location of the tent has been provided as Attachment “C”. Case No. Attachment A ZA08-055 Page 1 Case No. Attachment B ZA08-055 Page 1 Link to PowerPoint Presentation Case No. Attachment C ZA08-055 Page 1 Narrative Letter Case No. Attachment C ZA08-055 Page 2 Site Plan Case No. Attachment C ZA08-055 Page 3 Tent to be used 8 ½ x 11 Sale Tag 3 ½” x 5” Sale Tag Case No. Attachment C ZA08-055 Page 4 Surrounding Property Owners Tent Sale - American Backyard SPO # Owner Zoning Land Use Acreage 1. Retail Commercial, Office Ethan Allen Retail Inc SP1 Commercial 2.02 2. Greenway-1709/Eleven II Lp SP1 Retail Commercial 1.76 3. Inland W Southlake Corners Ltd C3 Town Center, Regional Retail 17.26 4. Office Commercial, Low Density Gateway Church CS Residential, Public/Semi-Public 13.81 5. McDonald's Corp C3 Regional Retail 1.06 6. Dn Kingston Southlake Lp C3 Regional Retail 0.66 7. Dn Kingston Southlake Lp C3 Regional Retail 1.13 8. Stagliano, Vincent J Etal C3 Regional Retail 0.39 9. Retail Commercial, Retail Church Of Christ Our King CS Commercial 2.98 10. Retail Commercial, Retail Southlake Plaza 11 Ltd Prtn B1 Commercial 0.98 11. Southlake Plaza 11 Ltd Prtn B1 Retail Commercial 0.97 12. Eqyinvest Owner II Ltd Llp C3 Town Center, Regional Retail 13.15 13. Retail Commercial, Retail Southlake Plaza 11 Ltd Prtn B1 Commercial, Office Commercial 8.83 14. Retail Commercial, Office Greenway-1709/Eleven Partners B1 Commercial 9.42 Case No. Attachment D ZA08-055 Page 1 Surrounding Property Owner Responses Tent Sale - American Backyard Notices Sent: Fourteen (14) Responses Received: None (0) Case No. Attachment E ZA08-055 Page 1 RESOLUTION NO. 08-043 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 THE SOUTHLAKE CORNERS DEVELOPMENT, BEING LEGALLY DESCRIBED AS LOT 2A, BLOCK 1, FARRAR ADDITION, 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 the Southlake Corners development, being legally described as Lot 2A, Block 1, Farrar Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet ‘A’, Slide 1975, Plat Records, Tarrant County, 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 Case No. Attachment F ZA08-055 Page 1 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 __ DAY OF __________, 2008. CITY OF SOUTHLAKE By: _________________________________ Andy Wambsganss, Mayor ATTEST: _________________________________ Lori Payne, TRMC City Secretary Case No. Attachment F ZA08-055 Page 2 EXHIBIT “A” Being property located at the Southlake Corners development, being legally described as Lot 2A, Block 1, Farrar Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet ‘A’, Slide 1975, Plat Records, Tarrant County, Texas. Case No. Attachment F ZA08-055 Page 3 EXHIBIT “B” Case No. Attachment F ZA08-055 Page 4 Case No. Attachment F ZA08-055 Page 5 Tent to be used 8 ½” X 11” Sale Tag 3 ½” X 5” Sale Tag Case No. Attachment F ZA08-055 Page 6