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Item 7DCity of Southlake Department of Planning STAFF REPORT February 1, 2006 CASE NO ZA05 -131 PROJECT: Southlake Town Square, Phase IV, (specific use permit) REQUEST: On behalf of Southlake Town Square Grand Avenue, L.P is requesting approval of a specific use permit to allow sales from Kiosks ACTION NEEDED: 1. Conduct public hearing 2. Consider specific use permit approval ATTACHMENTS: (A) (B) (C) (D) (E) (F) Background Information Vicinity Map Plans and Support Information Surrounding Property Owners Map Surrounding Property Owners Responses Resolution No. 05 -071 STAFF CONTACT: Ken Baker (748 -8067) Dennis Killough (748 -8072) Case No. ZA05 -131 BACKGROUND INFORMATION OWNER: Southlake Town Square Grand Avenue, L.P. APPLICANT: Cooper & Stebbins, L.P. PROPERTY SITUATION: The sites are located approximately 1,000 feet east of N. Carroll Avenue and approximately 1,000 feet south of SH 114 in Southlake, Texas. LEGAL DESCRIPTION: Lot 2, Block 3R1 and Lot 3, Block 4R, Southlake Town Square, Phase I and on a portion of tracts 2A5 and 3 in the Richard Eads Survey, Abstract No. 481 LAND USE CATEGORY: Town Center CURRENT ZONING: "DT" Downtown District P &Z ACTION: November 3, 2005; Approved (7 -0) limiting sales to Block 13, Lots 4 and 5; subject to Specific Use Permit Review No. 1, dated October 28, 2005; and further pointing out this approval is not defining a "kiosk" and that permanent kiosks will need elevation approval. COUNCIL ACTION: November 15, 2005; Approved to Table (6 -0) until December 6, 2005. December 6, 2005; Approved to table on Consent (7 -0) until January 17, 2006. January 17,2006; Approved to table on Consent (5 -0) until February 7, 2006. STAFF COMMENTS: This site is subject to all condition of approval of the controlling Concept Plan and Site Plan for this property. Attached is Specific Use Permit Review No. 2, dated February 1, 2006. N: \Coinmunity Development \MEMO \2004cases \04- 069 SUP. doc Case No. Attachment A ZA05 -131 Page 1 Vicinity Map Southlake Town Square Phase IV: Grand Avenue District NE NORTHVVEST RM E S Case No. ZA05 -131 Attachment B Page 1 Site Plan 0 (n /7 .. T " I ............ M 1 11 0 IY!!11 - - - - - - - - - - - yI I dog If WON �' 3i�� fec; fMx�gM��y� C SF' Y8� m P6�� )d A l xa 'Ind TAI I N . I Y ■ Of Proposed V1 A , A N Case No. Attachment C ZA05-131 Page 1 U; W w z W a z cc c� 1 � 7 _ c`_ 7 t := F— l�L' z 7 0 a Case No. Attachment C ZA05 -131 Page 2 Proposed Kiosk Uses & Regulations SOUTHLAKE TOWN SQUARE KIOSK REGULATIONS Regulations ( "Kiosk Regulations') in support of the Kiosk S.U.P. requested by SLTS Grand Avenue, L.P. are as set forth below. The following development regulations and standards shall be applicable and shall control to the extent of any conflict with any other Development Regulations, Sign Regulations, Comprehensive Zoning Ordinance, Sign Ordinance, Landscape Ordinance and Subdivision Ordinance. 1.0 Permitted Uses Permitted uses are as follows: Land Use Cate v Cnnemercial. Uses - Retail Sales or Serpice ' Antique shops ■ Art galleries, dealers, sales and supplies Artists'wojkshops and studios ■ Books, ina azines, music, stationeiy novelty, variety, etc. ■ Camera and photogr supplies ■ Clothing, jewelry, luggage, shoes, etc. ■ Cosmetic and beauty su lies ■ Electronics, appliances, computer, and software— sales, and service ■ Florist ■ Fruit and vegetable store ■ Furniture or home furnishings ■ Optician and optical stare ■ Pet supply store ■ Specialty food store • Fitness, recreational sports, sporting goods, toy and hobby, musical instruments ■ Tailors and custom apparel makers ■ Tobacco or tobacconist establishment Coinmereial Uses - Business, professional, and technical uses • Advertising media, and 2hotopaphy services • Personal services • Travel anan esnent and reservation services Other Uses ■ lnfonrrational RFCM i� J H`AN LU06 Case No. ZA05 -131 Attachment C Page 3 2.0 Development Regulations Kiosk development in the Downtown district shall be exempt from the all standards specified under Section 4.3 in lieu of the development standards set forth below. In the downtown district, the following development regulations shall be applicable to all Kiosks: a. Building Height: There is no minimum height. Kiosks shall not exceed one (1) story or a height of fourteen (14) feet_ The height shall be measured from the sidewalk or ground surface elevation along the side of the building fronting onto a public right -of -way to the top of the roof for flat roofs (not the parapet) and the mid -point for sloped roofs. b. Front, Side and Rear Yards: No front, side or rear yard setback is required. G. Maximum Lot Coverage /Maximum Floor Area: The maximum lot coverage for individual lots is 100 %, based on a maximum lot size of twelve (12) feet by eighteen (18) feet, or two hundred sixteen (216) square feet. d. Location: Kiosks shall only be permitted on approved lots of record, subject to and in accordance with the conditions of an approved specific use permit. Kiosks shall be prohibited in public right -of -way or on public land, e. Projections into Required Setback or into a Right -of -Way: The following projections shall be permitted into a required setback or landscape area or into a public easement or right-of-way, provided that i) such projections do not extend over the traveled portion of a roadway; ii) the property owner has assumed liability related to such projections; and iii) the property owner shall maintain such projections in a safe and non - injurious manner: Ordinary building projections, including but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to twenty -four (24) inches beyond a building face or architectural projection. Roof eaves may project up to thirty -six (36) inches beyond the building face or architectural projection_ Canopies, awnings and/or openable windows (when extended) may, when located not less than seven feet (7') above the ground elevation, project from building face and may extend up to thirty - six (3 6) inches beyond the building face or architectural projection. rage 2 CADocumenls anti Setlin>=.slllkuhrr loin Scl[ingslTumpomy Internet fill °sI01. K30%GAKkwkRcgu1atitmsdoc Case No. ZA05 -131 Attachment C Page 4 Below -grade footings approved in connection with building permits. Signage: Kiosk signage shall be subject to the Sign Regulations approved for the Grand Avenue District, for buildings lying within the Southern Sub- district ( "GA Sign Regulations "), subject to the following additional restrictions: Maximum Letter /Logo Height: Lettering on Kiosk Signs shall not exceed a maximum size of twelve (12) inches, subject to the maximum sign area allowed. Maximum Area: The total area of all signs displayed on a Kiosk wall which faces a street, drive or parking area shall not exceed the lesser of fifteen (15) square feet or one (1) square feet for each foot of building width facing the street, sidewalk, public park or parking area.. Number of Signs: One (l) Fascia Sign or hanging Sign shall be allowed on each building wail, below the roof line. Window and/or Awning signage may also he permitted, subject to the Maximum Area limitation. One (1) Sign shall also be permitted on the roof, in accordance with the approved elevation for the Kiosk. g. Outside Storage: No items or merchandise shall be permitted to be stored outside the Kiosk. h. Waste Removal: All waste generated from the Kiosk shall be stored in and disposed from an approved trash receptacle located in either the East (Block 4) Parking Garage or the West (Block 3) Parking Garage. i. Mechanical Equipment: Mechanical equipment shall be located inside the Kiosk, with any penetrations in the building wall to be painted in the same color as the surrounding building. j. Outdoor Sales: No items or merchandise shall be permitted to be sold outside the Kiosk. page 3 C omutgents;)nd StttinpMIIvtehw\Lucal SuttingOonpntary Inlemct Film%OLK309\GAKios &Rgtdatfims Inc I Mid .i.'. t� Case No. ZA05 -131 Attachment C Page 5 Kiosk Details 3109.001.001 I�I�]Iil�ll ROOF PLAN - Scale 1.20 Case No. ZAO5 -131 Attachment C Page 6 PLAN - Scale 1:20 3 w.. a L N cn c c <D mu d a c a c L7 M Fixed Window I Fixed Window Fixed Window Fixed Window I Standard Door I Fixed Window 1545 mm [YO 13/16' ] 4635 mm r15'2 Case No. ZA05 -131 Attachment C Page 7 3 D a 4315 mm [ 14' 1 7/8'1 a E E x :1 '~ m � E £ c_ E � o n n a x U- f Fixed Window I Standard Door I Fixed Window 1545 mm [YO 13/16' ] 4635 mm r15'2 Case No. ZA05 -131 Attachment C Page 7 SIDE VIEW - Scale 1:20 C)O E)IIII 00 SIDE VIEW - Sale 1:20 Case No. ZA05 -131 Fibergla Decorat band in aluminum Cast iron bracket Cast five Cast iro Cast Iron Cast iron squares Hot galvanized steel sheets decorated with two squares Cast iron skirtin Attachment C Page 8 SECTION A -A - Scale 1:20 insul thicl Hot she( Casa bray Rolla Alur Cast Inns FOUNDATION PLAN - Scale 1:20 00 F� n E E: 1545 MM [5'0 13/16'1 o Perimeter of the foundation External perimeter of the kiosk + Line for curb foundation KIOSK WEIGHT 4500 Kg Wiring exit 30 mm (13/16") dam. max . A STANDARD DOOR. A. • Case No. Attachment C ZA05 -131 Page 9 FOUNDATION DETAIL - Scale 1:4 Final floor surface t_ I Case No. Attachment C ZA05 -131 Page 10 Case No. Attachment C ZA05 -131 Page 11 PLAT REVIEW SUMMARY Case No.: ZA05 -131 Review No.: Two Date of Review: 2/01/06 Project Name: Specific Use Permit for Sales from Kiosk— Southlake Town Square, Phase IV, Grand Avenue proposed Lot 4 and 5, Block 13. APPLICANT: Cooper & Stebbins ENGINEER/SURVEYOR: Bury & Partners - DFW, Inc. Sandy Spurgin Bruce Dunne/Elliott 5310 Harvest Hill, Suite 100 Dallas, TX 75230 Phone: (817) 329 -8400 Phone: (972) 991 -0011 Fax: (972) 991 -0278 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/23/06 AND 1/31/06 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481 -2073. The following are general criteria for consideration of a SUP: FACTORS TO BE CONSIDERED - In granting or denying an application for a specific use permit, the City Council shall take into consideration the following factors: a. Safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site. b. Safety from fire hazard, and measures for fire control. C. Protection of adjacent property from flood or water damage. d. Noise producing elements; and glare of vehicular and stationary lights and effect of such lights on established character of the neighborhood. Location, lighting and type of signs; and relation of signs to traffic control and adverse effect on adjacent properties. Street size and adequacy of pavement width for traffic and reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood. g. Adequacy of parking, as determined by requirements of this chapter for off - street parking facilities for similar uses; location of ingress and egress points for parking and off - street loading spaces; and protection of the public health by all weather surfacing on all parking areas to control dust. h. Such other measures as will secure and protect the public health, safety, morals and general welfare. Case No. Attachment D ZA05 -131 Page 1 Surrounding Property Owners Southlake Town Square - Phase IV — Grand Avenue District 16 15 15 W DT Town Square Q LLJ DT Town Square 4.078 3. Southlake Venture —j 29 12 w 0.748 J Q DT Town Square 4.766 5. Sl Central Venture 11 Lp DT LY 0.684 6. Southlake Venture < PROSPECT BEET 0.501 7. Southlake Venture DT Town Square 4.200 2 DT Town Square 0.388 3 DT Town Square CIVIC PL 10. Southlake Venture 22 21 1 w 11 Q 5 0.325 MAI N 5T rn ❑ w z MAI 28 20 17 25 8 10 12. United States Postal Service DT 9 2.970 19 FOUNTAIN P 27 41.842 18 26 23 24 F.M. 1799 0 14 13 13 30 � 31 Owner Land Use 1. Sl Venture West II Lp DT Town Square 0.667 2. Southlake Venture DT Town Square 4.078 3. Southlake Venture DT Town Square 0.748 4. Southlake Venture DT Town Square 4.766 5. Sl Central Venture 11 Lp DT Town Square 0.684 6. Southlake Venture DT Town Square 0.501 7. Southlake Venture DT Town Square 4.200 8. Sl Central Venture 11 Lp DT Town Square 0.388 9. Southlake Venture DT Town Square 3.617 10. Southlake Venture DT Town Square 0.325 11. City of Southlake DT Town Square 0.690 12. United States Postal Service DT Town Square 2.970 13. Pkb Enterprises Ltd DT Town Square 41.842 Case No. ZA05 -131 Attachment E Page 1 14. Pkb Enterprises Ltd DT Town Square 41.842 15. Fetchel Group, The DT Town Square 30.095 16. Pkb Enterprises Ltd DT Town Square 1.414 17. Sl Venture West II Lp DT Town Square 0.417 18. Sl Venture West II Lp DT Town Square 0.377 19. Southlake Venture DT Town Square 4.331 20. Southlake Venture DT Town Square 0.337 21. Southlake Venture DT Town Square 0.280 22. Sl Venture West II Lp DT Town Square 0.576 23. Sl Central Venture 11 Lp DT Town Square 0.382 24. Southlake Venture DT Town Square 0.267 25. City of Southlake DT Tov •n Square 0.809 26. City of Southlake DT Town Square 0.941 27. Greenway - Southlake Office, Prtn DT Town Square 0.592 28. Southlake Venture DT Town Square 0.287 29. Sl Venture West II Lp DT Town Square 2.664 30. Southlake Office Center, Ltd DT Town Square 1.098 31. Southlake Venture East Lp. DT Town Square 2.273 Case No. Attachment E ZA05 -131 Page 2 Surrounding Property Owner Responses Southlake Town Square Phase IV — Grand Avenue District Notices Sent: Nine (9) Responses: None (0) Case No. ZA05 -131 Attachment F Page 1 RESOLUTION NO. 05 -071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE SALES FROM KIOSKS ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS A PORTION OF LOT 2, BLOCK 3R1 AND LOT 3, BLOCK 4R, SOUTHLAKE TOWN SQUARE, PHASE I AND ON A PORTION OF TRACTS 2A5 AND 3, SITUATED IN THE RICHARD EADS SURVEY, ABSTRACT NO. 481, 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 for the sales from kiosks has been requested by a person or corporation having a proprietary interest in the property zoned as "DT" Downtown District; and, WHEREAS, in accordance with the requirements of Section 37 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 the sale from kiosks on the property being legally described as a portion of Lot 2, Block 3RI and Lot 3, Block 4R, Southlake Town Square, Phase I, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet `A', Slides 6888 & 6889, Plat Records, Tarrant County, Texas and on a portion of Tracts 2A5 and 3 in the Richard Eads Survey, Case No. Attachment G ZA05 -131 Page 1 Abstract No. 481, 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: 1. 2. 3. 4. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF , 2006. CITY OF SOUTHLAKE IM ATTEST: Lori Farwell, TRMC City Secretary Andy Wambsganss, Mayor Case No. Attachment G ZA05 -131 Page 2 EXHIBIT "A" Being legally described as a portion of Lot 2, Block 3RI and Lot 3, Block 4R, Southlake Town Square, Phase I, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet `A', Slides 6888 & 6889, Plat Records, Tarrant County, Texas and on a portion of Tracts 2A5 and 3 in the Richard Eads Survey, Abstract No. 481. Case No. ZA05 -131 Attachment G Page 3