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Item 6ECity of Southlake Department of Planning S T A F F R E P O R T January 10, 2007 ZA06-183 CASE NO: Specific Use Permit to Allow a Tent for the Purpose of Promoting Retail Sales PROJECT: – Kroger Food Stores #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 Wednesday, February 7 through Friday, February 16. The hours of operation for the sale will be from 9:00 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 Building Services Department demonstrating that the tent will meet current building and fire regulations. Duration of tent: February 7 through February 16, 2007 Hours of Operation: 9:00 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; one 32 sq. ft. (8 ft. by 4 ft.) pallet sign immediately outside the tent; and three 4 sq. ft. (2 ft. by 2 ft.) ground signs immediately outside 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 April 22 through April 30, 2006 by Anderson’s Furniture & Design Gallery. 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. 07-004 STAFF CONTACT: Ken Baker (748-8067) or Dennis Killough (748-8072) Case No. ZA06-183 BACKGROUND INFORMATION APPLICANT: Bruce Burleson, Kroger Food Stores #512 PROPERTY SITUATION: Kroger is located in the Village Center shopping center at the northeast corner of the intersection of N. Village Center Drive and E. Southlake Boulevard. The property address is 2110 E. Southlake Boulevard. LEGAL DESCRIPTION: A portion of Lot 3, Block 1, Village Center, Phase 1 LAND USE CATEGORY: Town Center CURRENT ZONING: “C-3” General Commercial District HISTORY: A similar request was approved by City Council for Anderson’s Furniture & Design Gallery on April 4, 2006 for a tent sale from April 22 through April 30, 2006 and from the hours of 8:00am to 5:00pm. P&Z ACTION: January 4, 2007; Approved (6-1) as presented. STAFF COMMENTS: Due to the limited scope of this request, no new review letter was generated. The applicant is requesting to have a tent for the purpose of promoting retail sales for the period of Wednesday, February 7 through Friday, February 16. A narrative of the event, a site exhibit showing the approximate location of the tent, and drawings of the proposed signs have been provided as Attachment “C”. N:\Community Development\MEMO\2006cases\06-183SUP - Kroger Tent.doc Case No. Attachment A ZA06-183Page 1 Case No. Attachment B ZA06-183Page 1 Tent Location Case No. Attachment C ZA06-183Page 1 Proposed Tent Tent will be 20 feet by 30 feet and will be completely white (no stripes). Case No. Attachment C ZA06-183Page 2 Proposed Signs – 1 Banner Sign, 1 Pallet Sign, and 3 Ground Signs Banner Sign (1) 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. Pallet Sign (1) Sign will be similar to sign pictured below and will be draped over a pallet outside the tent. Sign measures approximately 8 feet by 4 feet. Case No. Attachment C ZA06-183Page 3 Ground Signs (3) Applicant is proposing 3 ground signs to be displayed immediately outside the tent. Signs will be similar to sign pictured below. Signs are approximately 2 feet by 2 feet. Case No. Attachment C ZA06-183Page 4 Case No. Attachment C ZA06-183Page 5 Surrounding Property Owners Kroger – Southlake Village Center Owner Zoning Land Use Acreage 1.J P Morgan Chase Bank C-3 Town Center 2.115 2.Goldfish (De) Lp C-3 Town Center 4.663 3.Hd Development Properties, Lp C-3 Town Center 11.604 4.W2001 Wal Real Estate Ltd Prt C-3 Regional Retail 17.261 5.Greenway-1709/Eleven 11, Lp S-P-1 Retail Commercial 1.871 6.Gateway Church CS Office Commercial 13.811 7.Bank One Na. O-1 Office Commercial 1.473 8.Chevron USA Inc. C-3 Town Center 0.937 9.Wendy’s International Inc. C-3 Town Center 0.790 10.Equity (Texas) One Village Ctr C-3 Town Center 13.148 Case No. Attachment D ZA06-015Page 1 Surrounding Property Owner Responses Kroger Tent Sale Notices Sent: Ten (10) Responses: None (0) Case No. Attachment E ZA06-183 Page 1 RESOLUTION NO. 07-004 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, 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 (42) 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, 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, more fully and completely described Case No. Attachment F ZA06-183 Page 1 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 ____ DAY OF _____________, 2007. CITY OF SOUTHLAKE By: _________________________________ Andy Wambsganss, Mayor ATTEST: _________________________________ Lori Farwell, TRMC City Secretary Case No. Attachment F ZA06-183 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, 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 ZA06-183 Page 3 EXHIBIT “B” Case No. Attachment F ZA06-183 Page 4 Tent Location Case No. Attachment F ZA06-183 Page 5 Proposed Tent Tent will be 20 feet by 30 feet and will be completely white (no stripes). Case No. Attachment F ZA06-183 Page 6 Proposed Signs – 1 Banner Sign, 1 Pallet Sign, and 3 Ground Signs Banner Sign (1) 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. Pallet Sign (1) Sign will be similar to sign pictured below and will be draped over a pallet outside the tent. Sign measures approximately 8 feet by 4 feet. Case No. Attachment F ZA06-183 Page 7 Ground Signs (3) Applicant is proposing 3 ground signs to be displayed immediately outside the tent. Signs will be similar to sign pictured below. Signs are approximately 2 feet by 2 feet. Case No. Attachment F ZA06-183 Page 8