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Item 7LCity of Southlake Department of Planning STAFF REPORT November 9, 2005 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 CURRENT ZONING: Town Center "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. 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. 1, dated October 28, 2005. M \Community 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 o� ~' o W. H— I m 1� 1� P n Q � D''L_9 °' �" '� , � _ tea.. � '~`-��.= �" M1�_� � .. _. "'-- �_- - -�., _� A ._. � _ ~• "°° � cj ••r . rte._.... ,,, . _ I -� � i�� �� r • ' � _� � ..i � LiL nau silNURm" WkfL: �.. f e _ • �, � ' ' � r r - "af .�.i� Mf _ .{ BLOCKS 3R2 4R!. 12 -16, F7 N1Q '8 SOUTH.AKE roam SQIUARE PHASE n ff T cn� C OUN tt m, X ApRAtIS OIIH, lE %AS r Ck'9E i 2A04-(767 `iti y � 4 •tl � I"d �-- l 1 �a N, LL w 2f a c� r ;7 '7 �.a L"= Lu Lu LL w a z c� Case No. Attachment C ZA05 -131 Page 2 Typical Temporary Kiosk Structures The Grove, Los Angeles, CA Case No. ZA05 -131 Attachment C Page 3 Base model with skirt Victoria Gardens, Rancho Cucamonga, CA Case No. ZA05 -131 Attachment C Page 4 Typical Permanent /Semi - permanent Kiosk Structure PLAT REVIEW SUMMARY Case No.: ZA05 -131 Review No.: One Date of Review: 10/28/05 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 10/10/05 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. No specific design criteria is established for kiosks in the "DT' district. This use is permitted with approval of a Specific Use Permit. In review of this permit, consideration can be given to design, placement and any other health, safety or welfare concern. The following atrre 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. Case No. ZA05 -131 Attachment D Page 1 Such other measures as will secure and protect the public health, safety, morals and general welfare. Case No. Attachment D ZA05 -131 Page 2 Surrounding Property Owners Southlake Town Square - Phase IV — Grand Avenue District 16 15 15 W Owner Zoning Land Use Acreage d LLJ DT Town Square 14 2. Southlake Venture DT Town Square 4.078 —j 29 12 w DT Town Square 0.748 J Q Southlake Venture DT Town Square 4.766 5. Sl Central Venture II Lp DT Town Square 0.684 LY Southlake Venture DT Town Square 0.501 < PROSPECT BEET DT Town Square 4.200 8. Sl Central Venture II Lp DT Town Square 0.388 9. 2 DT Town Square 13 10. Southlake Venture 3 Town Square 0.325 11. City of Southlake CIVIC PL Town Square 0.690 12. 22 21 1 w 11 > 5 6 2.970 13. MAI N ST ri ❑ w z MAIN ST 41.842 28 20 25 8 10 -zjc 41.842 17 Fetchel Group, The 9 13 30.095 19 FOUNTAIN P z 27 18 E ]23 LU U 30 31 L--] 24 F.M. 1799 ZA05 -131 Page 1 Owner Zoning Land Use Acreage 1. Sl Venture West 11 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 II 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 II 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 14. Pkb Enterprises Ltd DT Town Square 41.842 15. Fetchel Group, The DT Town Square 30.095 Case No. Attachment E ZA05 -131 Page 1 16. Pkb Enterprises Ltd DT Town Square 1.414 17. Sl Venture West 11 Lp DT Town Square 0.417 18. Sl Venture West 11 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 11 Lp DT Town Square 0.576 23. Sl Central Venture II Lp DT Town Square 0.382 24. Southlake Venture DT Town Square 0.267 25. City of Southlake DT Town 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. ZA05 -131 Attachment E 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 3R1 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 , 2005. CITY OF SOUTHLAKE ATTEST: Lori Farwell, TRMC City Secretary IM Andy Wambsganss, Mayor Case No. Attachment G ZA05 -131 Page 2 EXHIBIT "A" Being legally described as a portion of Lot 2, Block 3R1 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 w . O M va 0 . 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