Department of Planning & Development Services

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1 Department of Planning & Development Services STAFF REPORT January 13, 2015 CASE NO: PROJECT: EXECUTIVE SUMMARY: REQUEST: ZA Specific Use Permit to Allow a Tent for the Purpose of Promoting Retail Sales Kroger Food Store #512 Kroger is requesting approval of a specific use permit to allow a tent for the purpose of promoting retail sales on property described Lot 3R1, Block 1, Village Center Addition, City of Southlake, Tarrant County, Texas and located at 2110 E. Southlake Boulevard, Southlake, Texas. Current Zoning: C-3 General Commercial District. SPIN Neighborhood # 8. 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 proposed to be located in the central parking area of the Village Center shopping center, estimated to reduce the number of parking spaces on the site by approximately 12 spaces. A tent permit application is required to be submitted to the Building Inspections Division demonstrating that the tent will meet current building and fire regulations. This event has been held successfully for eight (8) consecutive years. The applicant is respectfully requesting this specific use permit be approved for a period of five (5) years unless the scope of the event changes. Set up date and time: Friday, February 6, 2015; exact time to be determined by the third-party company setting up tent. The flowers, etc. will be set morning of February 12, Duration of event: February 12 through February 14, days Hours of Operation: February 12 8 a.m. to 10 p.m.; February 13 & 14-6 a.m. to 10 p.m. 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. ACTION NEEDED: 1. Conduct public hearing 2. Consider specific use permit approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information LINK TO PRESENTATION ZA14-140

2 (D) Surrounding Property Owners Map & Responses (E) Resolution No STAFF CONTACT: Ken Baker (817) Lorrie Fletcher (817) ZA14-140

3 BACKGROUND INFORMATION OWNER/APPLICANT: Kroger Food Store # 512 PROPERTY SITUATION: LEGAL DESCRIPTION: LAND USE CATEGORY: CURRENT ZONING: 2110 E. Southlake Boulevard Lot 3R1, Block 1, Village Center Addition Town Center C-3 General Commercial District HISTORY: January 15, 2007; City Council approved (5-1) January 16, 2008; City Council approved (6-1) January 20, 2009; City Council approved (4-2) January 19, 2010; City Council approved (4-2) for a period of two years. February 7, 2012; City Council approved (6-1) for a 3-year period. (ZA12-005) P&Z ACTION: January 8, 2015; Approved (6-0) subject to the staff report dated January 2, 2015 and approving a 5-year period. COUNCIL ACTION: STAFF COMMENTS: Due to the limited scope of this request, no formal review was generated. A narrative of the event, site exhibit showing the approximate location of the tent, and photo of the proposed banner sign have been provided as Attachment C. If multiple years are granted, the applicant is required to submit their event plan annually, at least 60 days prior to the event, for staff review to ensure the scope is within the parameters of approval. A tent permit will also be required on an annual basis. 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. Attachment A ZA Page 1

4 Attachment B ZA Page 1

5 Site Plan Tent Location Attachment C ZA Page 1

6 Proposed Tent Tent will be 20 feet by 30 feet and will be completely white. Proposed Banner Sign 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. Attachment C ZA Page 2

7 Letter from the Applicant Attachment C ZA Page 3

8 Surrounding Property Owners Kroger Southlake Village Center Owner Zoning Address Acreage Response 1. Hd Development Propertiex, Lp C3 300 VILLAGE CENTER DR NR 2. Cole Mp Pm Portfolio Llc C3 200 VILLAGE CENTER DR 4.66 NR Fair Oaks Blvd Prt Etal C E SOUTHLAKE BLVD 2.36 NR 4. Jpmorgan Chase Bank C E SOUTHLAKE BLVD 2.12 NR 5. Southlake Food Mart Lp/7-Eleve C E SOUTHLAKE BLVD 0.94 NR 6. Wendys International Inc C E SOUTHLAKE BLVD 0.79 NR 7. Eqyinvest Owner II Ltd Llp C E SOUTHLAKE BLVD 7.37 NR 8. Eqyinvest Owner II Ltd Llp C E SOUTHLAKE BLVD 5.78 NR 9. Hd Development Propertiex, Lp C3 300 VILLAGE CENTER DR NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Nine (9) Responses Received: None (0) Attachment D ZA Page 1

9 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT TO ALLOW A TENT FOR THE PURPOSE OF PROMOTING RETAIL SALES LOCATED IN THE CENTRAL PARKING AREA OF THE VILLAGE CENTER SHOPPING CENTER AT 2110 EAST SOUTHLAKE BOULEVARD, BEING LEGALLY DESCRIBED AS LOT 3R1, BLOCK 1, VILLAGE CENTER ADDITION, 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 to allow 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 (41) 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 to allow a tent for the purpose of promoting retail sales, on property within the City of Southlake, Texas, located at 2110 East Southlake Boulevard, location being legally described as Lot 3R1, Block 1, Village Center Addition, an addition to the City of Southlake, Tarrant County, Texas, 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: Attachment E ZA Page 1

10 SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF. CITY OF SOUTHLAKE By: John Terrell, Mayor ATTEST: Lori Payne, TRMC City Secretary Attachment E ZA Page 2

11 EXHIBIT A Property located at 2110 East Southlake Boulevard, location being legally described as Lot 3R1, Block 1, Village Center Addition, an addition to the City of Southlake, Tarrant County, Texas. Attachment E ZA Page 3

12 EXHIBIT B Tent Location Attachment E ZA Page 4

13 Proposed Tent Tent will be 20 feet by 30 feet and will be completely white. Proposed Banner Sign 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. Attachment E ZA Page 5

14 Attachment E ZA Page 6

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