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Item 7RCity of Southlake Department of Planning STAFF REPORT August 30, 2006 CASE NO PROJECT ZA06 -116 Specific Use Permit to Allow a Tent for the Purpose of Promoting Retail Sales — American Backyard REQUEST: American Backyard 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 800 square feet (20 ft x 40 ft) and is to be set up for the dates of Thursday, September 21 through Monday, September 25. The hours of operation for the sale will be from 10:00 a.m. to 9:00 p.m. each day. The tent is proposed to be located in the parking area in front of American Backyard in the Southlake Corners shopping center and is estimated to reduce the number of parking spaces on the site by approximately 14 to 16 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. The applicant has not submitted an elevation of the tent and is not requesting any signage be approved in conjunction with the SUP request. Staff has recommended that the applicant present an elevation of the tent at the P &Z Commission & City Council meeting. The applicant is proposing to reduce the parking by 14 to 16 spaces. Seven hundred seven -four (774) parking spaces are required and provided. However, all the lease space in the center is either not built or occupied. Therefore, the removal of 16 spaces will still allow for adequate parking. Duration of tent: September 21 through September 25, 2006 Hours of Operation: 10:00 a.m. to 9:00 p.m. daily Parking: Estimated to reduce parking by 14 to 16 spaces Signs: No signs are being proposed 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. Case No. ZA 06 -116 ACTION NEEDED: 1. Conduct public hearing 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. 06 -056 STAFF CONTACT: Ken Baker (748 -8067) Dennis Killough (748 -8072) Case No. ZA 06 -116 BACKGROUND INFORMATION OWNER: W2001 Wal Real Estate Ltd. APPLICANT: American Backyard PROPERTY SITUATION: 200 N. Kimball Avenue LEGAL DESCRIPTION: Lot 2A, Block 1, Farrar Addition LAND USE CATEGORY: Regional Retail CURRENT ZONING: "C -3" General Commercial District P &Z ACTION: August 17, 2006; Approved (5 -1) subject to the staff report dated August 11, 2006; recommending the applicant provide elevations of the tent for City Council, amending the applicant's original schedule request to September 21 through September 25. STAFF COMMENTS: Due to the limited scope of this request, no new review letter was generated. The applicant initially requested to have a tent for the purpose of promoting retail sales for the period of Monday, September 11 through Monday, September 18, 2006. However, due to a scheduling conflict, the applicant amended the request at the Planning & Zoning Commission meeting to have the tent for the period of Thursday, September 21 through Monday, September 25. A narrative of the event and a site exhibit showing the approximate location of the tent has been provided as Attachment "C ". N: \Community Development \MEMO\2006cases \06- 116SUP.doc Case No. ZA 06 -116 Attachment A Page 1 Vicinity Map American Backyard outhlake Corner 1000 0 1000 2000 3000 Feet bid NN F1 Case No. Attachment B ZA 06 -116 Page 1 From Patricia Moore Sent: Tuesday, July 25, 2006 12 :38 PM To: Wade Elliott Subject: TENT SALE INFORMATION American Backyard will be hosting a Tent sale during 11 September thru 18 September starting at 10 AM -9 €'M. There will be a 20 X 40 tent for the customer to view /purchase merchandise. Once selections have been made the customer will be directed inside the store to make final purchase. There will be 4 empty spaces remaining at the rear of the tent to allow customers to load purchased merchandise. The purpose of the sale is to clear year end production. There will be no food, no electricity, and no combustible engines. I look forward to meeting with you on 8117108 to discuss further details. Patricia Moore Customer Service Manager American Backyard 469- 574 -3335 469 - 574- 3336(fax) Case No. ZA 06 -116 Attachment C Page 1 „mr.rlu SVX31 'DIVIllinoS 30 3.11 „ . Nd3d 311S 09Z 9NIO11f19 ;;n4°w N �saalx�a +fmg� SH3NUOz) DIVIH1f10S hdd ” o I A - 5n n �_ D- v � � c ° Ge 0 0 a w p.r.nn p S 9� N e 53�ds r� g101 r . � I Y J O V7 _ ; I _+_ - -�— — — — — — x .__J� •v zitY k� r I r r r - — i a r . r I 3 ................ ... ......... -_.."--'— __— .._. —._.__ f S / I I • � 1 I 0 Case No. Attachment C ZA 06 -116 Page 2 Surrounding Property Owners American Backyard — Southlake Corners NORTHWEST PKWY EAST 5 6 � 7 LAKE BLVD 3 13 12 1O T9 8 2 � � v Owner Zoning Land Use Acreage 1. W2001 Wal Real Estate Ltd Prt C -3 Regional Retail 16.509 2. Greenway- 1709/Eleven 11, Lp S -P -2 Retail Commercial 1.914 3. Gateway Church CS Office Commercial 13.675 4. McDonald's Corporation C -3 Regional Retail 1.033 5. Dn Kingston Southlake LP C -3 Regional Retail 0.656 6. Dn Kingston Southlake LP C -3 Regional Retail 1.113 7. Stagliano, Vincent J C -3 Regional Retail 0.123 8. Church of Christ Our King CS Retail Commercial 2.188 9. Southlake Plaza 11 Ltd Prtn B -1 Retail Commercial 0.903 10. Southlake Plaza 11 Ltd Prtn B -1 Retail Commercial 0.904 11. E yinvest Owner II Ltd Prtn C -3 Town Center 13.078 12. Southlake Plaza 11 Ltd Prtn B -1 Retail Commercial 8.553 13. Greenway- 1709/Eleven Partners S -P -2 / B -1 Retail Commercial 11.219 Case No. Attachment D ZA 06 -116 Page 1 Surrounding Property Owner Responses American Backyard — Southlake Corners Notices Sent: Nine (9) Responses Received: None (0) Case No. ZA 06 -116 Attachment E Page 1 RESOLUTION NO. 06 -056 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 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 (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 a tent 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 ZA06 -116 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 Perinit: 1. 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 ATTEST: Lori Farwell, TRMC City Secretary Case No. ZA06 -116 IM Andy Wambsganss, Mayor Attachment F Page 2 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. ZA06 -116 Attachment F Page 3 101 Me I 1 C yd C From: Patricia Moore Seat: Tuesday, July 25, 2006 12 :38 PM To: Wade Elliott Subject: TENT SALE INFORMATION American Backyard will be hosting a Tent sale during 11 September thru 18 September starting at 13 AM -9 PM. There will be a 20 X 40 tent for the customer to view /purchase merchandise. Once selections have been made the customer will be directed inside the store to make final purchase. There will be 4 empty spaces remaining at the rear of the tent to allow customers to load purchased merchandise. The purpose of the sale is to clear year end production. There will be no food, no electricity, and no combustible engines. I look forward to meeting with you on 8117106 to discuss further details. Patricia Moore Customer Service Manager American Backyard 469- 574 -3335 469 - 574- 3336(fax) Case No. ZA06 -116 Attachment F Page 4 „mr.rlu SVX31 'DIVIH1f1OS 30 3.11 n . Nd3d 311S O9Z 9NIO11f19 ;;n4°w N �saalx�a +fmg� SH3NUOz) DIVIH1f1OS h dd " C=) I A - 5n n co CL N F o C-2 ° �Rii U C p.r.nn p S 9� N e 53�ds r� g101 r . � I Y J O V7' , _ ; I 114 _.�_ - --- ----- x .__J� •v zitY k� r I r r r g - ? I ' f — — 888 - — i a r . r I 3 ................ ... ....... .--_.."--'— __— .._. —._.__ jj- f S / I I • � 1 I 0 Case No. Attachment F ZA06 -116 Page 5