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Item 7FCity of Southlake Department of Planning S T A F F R E P O R T March 28, 2002 ZA02-027 CASE NO: Art in the Square PROJECT: REQUEST: The City of Southlake, Southlake Town Square, and the Southlake Women’s Club are requesting approval of a specific use permit for the sale of alcoholic beverages during the Special Events of Art in the Square. 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) Event Description (E) Surrounding Property Owner Map (F) Surrounding Property Owner’s Responses (G) Resolution #02-022 STAFF CONTACT: Dennis Killough (481-2073) Case No. ZA02-027 BACKGROUND INFORMATION OWNER: The City of Southlake APPLICANT: Southlake Town Square and Southlake Women’s Club PURPOSE: An SUP is required for the sale of alcoholic beverages. PROPERTY SITUATION: The property is located on the northeast corner of the intersection of North Carroll Avenue and East Southlake Boulevard (FM 1709). LEGAL DESCRIPTION: Southlake Town Square, Phase I. LAND USE CATEGORY: Mixed Use CURRENT ZONING: “NR-PUD” Non-Residential Planned Unit Development District HISTORY: This is the third annual Art in the Square. This event is typically held the last Friday Saturday and Sunday of April. P&Z ACTION: March 21, 2002; Approved (5-0) granting waiver for future applications unless changes are made. STAFF COMMENTS: A site exhibit is included as attachment ‘C’ and an event description is included as attachment ‘D’ of this packet. This is a SUP allowing alcohol sales only for the three day Art in the Square Event. The TABC will issue a temporary permit for the event after the City has approved the request. State Street, Civic Place, Grand Avenue will be blocked off to vehicular traffic. There are 114 art booths, 13 sponsor tents, 12 food booths and 3 alcoholic beverage booths planned. Alcohol sales are limited to the area labeled “Le Bistro”, extending from the east portion of Civic Place, along Grand Avenue to Main Street. Since this has become an annual event, staff is recommending that it be approved and allowed to be held one weekend per year, Friday through Sunday, without having to receive a new SUP approval each year, with the following conditions: 1. A Plan be submitted and approved administratively by the City of Southlake Department of Public Safety, Parks and Recreation and Planning Department. 2. The event remains within the general scope of this plan. Case No. Attachment A ZA02-027Page 1 Case No. Attachment A ZA02-027Page 2 Case No. Attachment B ZA02-027Page 1 Case No. Attachment C ZA02-027Page 1 Case No. Attachment D ZA02-027Page 1 Surrounding Property Owners Art in the Square Owner Zoning Land Use Acreage 1.B. Paulsen 1.SF-20A 1.Med. Density Residential 1.0.47 2.M. Wright 2.SF-20A 2.Med. Density Residential 2.0.53 3.Southlake Venture West 3.SP-1 3.Mixed Use 3.2.28 4.U.S. Postal Service 4.SP-1 4.Mixed Use 4.2.86 5.Fetchel Group 5.NR-PUD 5.Mixed Use 5.30.8 6.PKB Enterprises 6.NR-PUD 6.Mixed Use 6.40.5 7.Tx. Health Resources 7.SP-2 7.Office Commercial 7.12.6 8.S. Carroll/1709 Ltd 8.SP-2 8.Office Commercial 8.29.1 9.A. Prade 9.SP-2 9.Office Commercial 9.18.0 10.Southlake Venture 10.SP-2 10.Med. Density Residential 10.0.51 11.Southlake Venture 11.SP-2 11.Med. Density Residential 11.0.25 12.Greenway Rowlett 12.SP-2 12.Med. Density Residential 12.1.17 13.J. Strunck 13.AG 13.Med. Density Residential 13.3.00 14.Mendez Ltd 14.AG 14.Med. Density Residential 14.3.00 Case No. Attachment E ZA02-027Page 1 Surrounding Property Owner Responses Art in the Square Notices Sent: Twelve (12) Responses: One (1) was received from within the 200’ notification area:  Jergen Struck, 200 N. Carroll Ave. Southlake, Tx., is opposed; “Alcoholic beverages are available in most restaurants-I don’t see a need for additional sale outlets.” (Received March 13, 2002) Case No. Attachment F ZA02-027Page 1 RESOLUTION NO. 02-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS SOUTHLAKE TOWN SQUARE, PHASE I, AND BEING APPROXIMATELY 42.013 ACRES, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A”, AND AS DEPICTED ON THE SITE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS , a Specific Use Permit for the sale of alcoholic beverages for on-premise consumption has been requested by a person or corporation having a proprietary interest in the property zoned as “NR-PUD" Non-Residential Planned Unit Development to include "C-3” General Commercial District uses; and, WHEREAS , in accordance with the requirements of Sections 45.1 (1) and 45.6 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 of alcoholic beverages for on-premise consumption on the property being legally described as Southlake Town Square, Phase I, and being approximately 42.013 acres, more fully and completely described in Exhibit “A”, and as depicted on the 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 Case No. Attachment G ZA 02-027 Page 1 forth herein. The following specific requirements and special conditions, if any, shall be applicable to the granting of this Specific Use Permit: 1. 2. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF , 2002. CITY OF SOUTHLAKE By:________________________________ Rick Stacy, Mayor ATTEST: ________________________________ Kim Bush Acting City Secretary APPROVED AS TO FORM: ________________________________ City Attorney City of Southlake, Texas Case No. Attachment G ZA 02-027 Page 2 EXHIBIT "A" Southlake Town Square, Phase I, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 4892 and 4893, Plat Records, Tarrant County, Texas, and being approximately 42.013 acres. Case No. Attachment G ZA 02-027 Page 3 EXHIBIT “B” Case No. Attachment G ZA 02-027 Page 4 EXHIBIT "C" This page reserved for City Council Motion. Case No. Attachment G ZA 02-027 Page 5