Planning and Zoning Commission

City of Chandler Planning & Zoning Commission 811 Hwy. 31 East CHANDLER, TEXAS 75758 THE CITY OF CHANDLER PLANNING & ZONING COMMISSION WILL MEET FOR A REGULAR MEETING TUESDAY, APRIL 1, 2014 IN CITY HALL OF CHANDLER, TEXAS AT 6:00PM AGENDA A. CALL TO ORDER B. INVOCATION C. ROLL CALL AND ANNOUNCE IF A QUORUM IS PRESENT D. AGENDA CHANGES E. REGULAR SESSION: 1. Consider and act on Final Plat for Griffin Estates Phase Two-B (FP-14-01). 2. Consider and act on Family Dollar Site Plan (SP-14-02). 3. Consider and act on Site Plan for Copeland Main Street Market Place (SP-14-01- Revision 1). I, the undersigned authority, do, hereby, certify that this Notice of Meeting was posted on the bulletin board, at the City Hall of the City of Chandler, Texas, a place convenient and readily accessible to the general public at all times, and said notice was posted on the following date and time: Posted March 28, 2014 by 5:00pm and remained so posted at least 2 hours before said meeting was convened. _________________________ Shirley Parmer/City Secretary CITY OF CHANDLER Staff Report PROJECT: FP-14-01 Griffin Estates Phase Two-B DATE: PZ: 4/1/14 Council: 4/8/14 REQUEST: Final Plat for Griffin Estates Phase Two-B, for 14 lots on approximately 3.065 acres located in the S. Calderon Survey A-136, south of Hyde Park Drive and east of Martin Street. OVERVIEW: James and Matthew Berry are wishing to continue development of Griffin Estates Phase Two which is a total of 14.977 acres. They have submitted construction plans on the entire Phase Two development but are only final platting a portion of the phase. The construction plans were reviewed and approved by the city engineer for the entire Phase Two to ensure all the infrastructure will work together. The Preliminary Plat of the 67.87 acres of Griffin Estates was adopted in 2006. The Final Plat being proposed conforms to the preliminary plat. The Subdivision Rules and Regulations require the donation of park land or the payment into a park fund. A Park Fee was paid for Phase 2A at the rate of 5% of the raw land value. A similar payment will be required for this phase. RECOMMENDED The plat as submitted meets all the standards of the City of Chandler ACTION: and is recommended for adoption with the payment of the required fees. ATTACHMENTS: Copy of Final Plat Phase 2B Copy of Preliminary Plat 1 CITY OF CHANDLER Staff Report PROJECT: SP-14-02 Family Dollar Site Plan DATE: PZ: 4-1-14 CC: 4-8-14 REQUEST: The property owner is requesting approval of a site plan in order to build a new Family Dollar Store. APPLICANT: Doug George, 3D Development Partners PROPERTY OWNER: Greg Kidd / Jerry Kidd Oil Co. PROPERTY A 3.066 acre unplatted parcel of a 70 acre tract located in the Simon DESCRIPTION: Weiss survey Abstract 799. Located in the 700 Block of Hwy 31 East ZONING: B-1 SIZE: 3.066 acres (Developer intends to develop 1.35 acres and gift the remaining 1.72 acres for a portion of the linear park proposed in the city’s Comprehensive Plan.) OVERVIEW: Use: Relocate the existing Family Dollar Store to a new building. Access: The property has access off of SH 31 with a 36’ drive. The property also has provision for a cross access drive which can provide access to the future development to the east. Parking: The parking requirement for the 8,320 sq. ft. retail store is 42 and there are 42 spaces provided with 2 of these spaces being handicapped spaces. The spaces are regulation spaces with larger than required drives. Sign: All proposed signage complies with city of Chandler sign ordinances with the following exception, which is being requested for approval through this site plan. The proposed monument sign is under all required size restrictions except for the width of the sign. The maximum width is 6’ and the proposed sign is 7’4” wide. However, the overall area of 30.3 sq. ft. is less than the maximum area allowed of 36 sq. ft. Setbacks: The required setbacks are: rear - 0’, side – 10’, front – 25’. 1  The proposed building is in compliance with these setbacks. Architectural standards: The building is required to have at least 60% either: Brick, stone, architectural block, stucco, hardi, or glass. The proposed building has 78% of its exterior finish falling into this category. The only metal will be on the rear wall. There will not be any roof mounted equipment. A trash Dumpster enclosure is provided for 2 onsite dumpsters. Drainage: The site incorporates a drainage detention area to detain storm water runoff prior to releasing it into the unnamed tributary of Lake Palestine. Landscape: The Landscape Plan as submitted proposes 5 crepe myrtles and 35 burford holly shrubs and grass sod. No trees are proposed on site. The developer has agreed to add 3 oak trees to the west edge of the parking lot. In addition to adding to the row of burford hollies to make a solid hedge along SH 31. RECOMMENDED Staff recommends approval of the site plan and sign plans as ACTION: presented with the following conditions: 1. The property must be platted prior to the building permit being issued. 2. The monument sign is approved as submitted with the site plan. 3. The additional landscaping (3 oak trees and additional burford hollies) be added as agreed to CITY CONTACT: John Taylor, City Administrator ATTACHMENTS: Developer Letter Elevations Grading Plan Site Plan Landscape Plan Sign Variance letter 2  3D Development 4900 Woodway Dr, Suite 1125 Houston, TX 77056 March 18, 2014 City of Chandler, TX P.O. Box 425 Chandler, TX 75758 RE: Proposed Signage To whom it may concern: 3D Development is proposing to develop a new Family Dollar Store in the 700 block of Hwy 31 East in Chandler. Family Dollar requests review of the proposed storefront and monument signage detailed in the attached renderings. We would appreciate signage review during the City’s site plan review process. We appreciate you consideration of our proposed development signage. Regards, Doug George 3D Development Family Dollar Design Drawings 4'-1" x 7'-4" Illuminated Monument - 6'-1" OAH SIGN WEIGHT = ±375 FACE MATERIAL BURN RATE: SIGN AREA = 29.94 UL 94 FLAM CLASS RATING- 94V-2 7'-4" 12" flat face, .177" Thk. White Solar Grade Polycarbonate Faces with First Surface NOTE: HANGING BAR TO RUN ENTIRE WIDTH OF SIGN FACE Vinyl Graphics 5 7/8" 1'-4 7/8" Color Reference: Red Vinyl 3M #3632-73 4'-1" 3 1/2" Orange Vinyl 3M #3632-44 White 6'-1" Translucent White Polycarbonate 1'-4 7/8" Red Cabinet, Retainers and Skirt Primary Akzo Nobel (Grip Guard Plus) SIGN20134 Service ® Disconnect 2" RETAINER 5 7/8" (NOTE: SIDE RETAINER TO BE REMOVABLE) Side View Front View - Monument Elevation Scale: 3/4" = 1'-0" 2.4 AMPS TOTAL Client Review Status Notes Date / Description Project Information Allen Industries, Inc. requires that an " Approved" drawing be obtained 02/29/12 Issue Date Client Family Dollar from the client prior to any production release or production release revision. 1 — Approved Approved as Noted Revise &Resubmit 2 Name 3 File 2012_Family Dollar_4-1x7-4 Monument Title Date 4 Sales House Design DJS PM HS ® This is an original unpublished drawing, created by Allen Industries, Inc. It is submitted for your personal use in connection with the project being planned for you by Allen Industries, Inc. It is not to be shown to anyone outside your organization, nor used, reproduced, copied or exhibited in any fashion whatsoever. All or part of this design (except for registered trademarks) remain the property of Allen Industries, Inc. Family Dollar Design Drawings 4'-1" x 7'-4" Illuminated Monument - 6'-1" OAH SIGN WEIGHT = ±375 SIGN AREA = 29.94 Note: All Interior Metal Components to be Painted White GENERAL SPECIFICATIONS: Bent 1/4" Steel Saddle 12" Wide Extruded Aluminum Framing System Sign Cabinet: 4'-1"± x 7'-4" (12" deep) double-face, illuminated sign cabinet Brackets (@ Top and Bottom) Extruded Aluminum 12" Sign Frame manufactured from 12" deep aluminum cabinet extrusion & 2" aluminum 2" Hinged Retainer retainer extrusion [standard Allen Ind. extrusions]. ® Face Access (Top/One Side) Wuson Lamp Sockets See Detail Illumination: (6) F48T12HO/D Fluorescent lamps powered by electronic ballasts as #730-1 (Spring @ Top) required. Disconnect switch will be located at lower end side of cabinet. (6) F48T12HO/D UL approved Fluorescent Lamps F48T12HO/D Fluorescent Lamps Sign Face: (2) flat, .177" thick white polycarbonate faces with first surface applied ® (1) Lighting Components vinyl graphics. (1) one side of face anchored into 2" retainer system and Electronic Ballast #EESB-832-16L Flat-face, White Polycarbonate hinged for servicing. 120 Volts, 2.4 Amps Each, (.177") w/ First Surface Vinyl Graphics Installation: Sign to be installed on new steel tube support with match plate assembly and embedded in concrete foundation as per engineer data. 5" Dia. Internal Steel Support 1/4" Thk. Bent Steel Saddle Bracket *NOTE* All components are U.L. Listed with U.L. Label. Weatherproof Primary ® Service Disconnect Wuson® Lamp Sockets #730-2 (Bottom) Brick Base Brick Base By Others By Others 2" Hinged Retainer Face 12" Note: Hanging Access Detail (one Side) Bars To Be Applied To Flat 2" Lexan Faces Concrete Footing Electrical Connection By Others Per Engineered Spec NOTE: Hanger Bar PART ALLOY TEMPER THICKNESS To Run The Entire CABINET 6063 T5 .125 Width of Sign Face RETAINER 6063 T5 .094 OR EQUAL Front View - Construction Detail Side View Extrusion Profile Hinged Retainer Detail Scale: 1/2" = 1'-0" Scale: N.T.S. Scale: N.T.S. 2.4 AMPS TOTAL Client Review Status Notes Date / Description Project Information Allen Industries, Inc. requires that an " Approved" drawing be obtained 02/29/12 Issue Date Client Family Dollar from the client prior to any production release or production release revision. 1 — Approved Approved as Noted Revise &Resubmit 2 Name 3 File 2012_Family Dollar_4-1x7-4 Monument Title Date 4 Sales House Design DJS PM HS ® This is an original unpublished drawing, created by Allen Industries, Inc. It is submitted for your personal use in connection with the project being planned for you by Allen Industries, Inc. It is not to be shown to anyone outside your organization, nor used, reproduced, copied or exhibited in any fashion whatsoever. All or part of this design (except for registered trademarks) remain the property of Allen Industries, Inc. STOREFRONT SIGNAGE 4!5##6!"#,!"6 -$(.0!"1(7*.0! ,! 8 #  ! 4! !  "$% :%  ) (-! 750 lb$  % &'()      ;!   144 sq. ft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CITY OF CHANDLER Staff Report PROJECT: SP-14-01R Main Street Market Site Plan Revised DATE: PZ: 4-1-14 CC: 4-8-14 REQUEST: The property owner is requesting amendments to a site plan that was approved 2-11-14. APPLICANT: Stan Copeland PROPERTY OWNER: SC and DB Properties PROPERTY 105 W. Main Street DESCRIPTION: ZONING: B-1 SIZE: Lot 1 - .244 acres Lot 2 - .208 acres Total - .452 acres OVERVIEW: The following are the proposed changes from the adopted plan: Use/Layout: The uses and layout remain the same with the following exceptions:  There are proposed to be up to two food trucks/trailers located onsite. The proposed site plan has spaces designated on either side of the ice machine for these uses. Per the owners policies the trucks/trailers must be moved off site a minimum of once every Sunday.  A portion of the Market next to the office will be enclosed to create a small retail store in the market.  The ADA compliant restrooms have been relocated from the freestanding location between the Market and the future Phase III building to an area in the Market by the office and the store.  An open air vending area has been added on the future Phase III building site for sales out of pickup trucks and the use of canopies. This area will only be available until the Phase III building is constructed. 1   Though not currently shown on the site plan an area for a trash dumpster has been discussed on the far west portion of the lot which would displace the 2 handicap parking spaces. If this is located in the area of the handicap spaces then the 2 handicap spaces should be relocated on site. Parking: The Food Truck spaces will remove two parking spaces and the trash dumpster may remove 2 spaces. However, the loss of 4 parking spaces will not impact the ability to meet the parking requirement for the market and ice house. The parking requirement for a retail market would be 1 to 200 sq. ft. The market requires 8 parking spaces. And the office requires 1 and the ice house would need 1. This is a total of 10 required spaces. The new site plan shows 21 spaces, assuming the trash dumpster is located where the handicap spaces are shown. The developer has indicated that all the parking and access drives will be in place and stripped prior to completion of the Phase II Market Building. Operational Policies for Vendors: Attached are a set of policies that are proposed by the developer that would control the operation of the vendors. The developer would like to have these policies approved as part of the site plan and have a blanket vendor permit so vendors that operate on the site do not have to get separate vendor permits from the city. Access: No changes proposed. Sign: No changes proposed. All signage will have to comply with city of Chandler sign ordinances. Setbacks: No changes proposed. Architectural standards: No changes proposed. Landscape: No changes proposed. The developer is required to complete all landscaping and irrigation prior to a CO being issued for the Phase II Market building. 2 RECOMMENDED The staff recommends approval of the site plan as presented with ACTION: special approval for the proposed policies and the blanket vendor permit. With the following conditions: 1. A replat of the property must have been submitted for approval prior to the CO for the Market being issued. 2. All landscaping and irrigation must be completed prior to CO being issued for the Market. 3. All parking and access drives shown on site plan must be constructed and painted prior to CO being issued for the market. CITY CONTACT: John Taylor, City Administrator ATTACHMENTS: Building Floor plan Site Plan Set of Operational Policies 3  d e s i g n e r - z a c h c o p e l a n d o w n e r s : s t a n c o p e l a n d d a l e b a r n e s d o n c o p e l a n d A3.10 B4 B4 A4.11 A2 #DrgID 1 2 3 4 5 A4.11 A4 A4.11 #LayID 75'-0" 18'-0" 18'-0" 18'-0" 18'-0" 18'-7 1/2" 9'-0 7/8" 4 7/8" o l d M A I N S T R E E T M A R K E T B 2'-3" B 1'-1" RESTROOM B4 B4 A4.10 A4.10 STORAGE c h a n d l e r , t e x a s RESTROOM 21'-0" 20'-0" A3.11 depressed B4 RECLAIMED WOOD existing slab slab begins A4 BOARD A3.11 STORe new slab 29'-2" 29'-2" A4.10 28'-5" A4.10 A4 shelving/display counter top A4 OFFICE juice A bar A 6" 2'-6" 7'-1" 6'-11" order window 1'-5" 5'-0" 1'-7 1/2" 3'-0" 1'-2" 5'-0" 1'-5" ROOF ABOVE B4 A4.11 A2 #DrgID 1 2 3 4 5 A4.11 A4 A4.11 #LayID A4 A3.10 FLOOR PLAN GENERAL NOTES: a. DIMENSIONS: Dimensions are to face of finish material, unless noted otherwise. Dimensions to exterior walls are to finished face. Clear dimensions shall not vary and are measured at the floor line. Dimensions tied to column centerline shall set finished clear dimensions. b. PARTITIONS: 1. All new partitions are to be perpendicular or parallel with core or exterior window wall elements, unless noted otherwise. Center partitions on columns or mullions, unless noted otherwise. 2. All partition types shall be, unless noted otherwise; refer to partition details. a2.30 c. DOOR: Hinge side of doors to be located 4" from nearest perpendicular partition, unless noted LEVEL 1 FLOOR PLAN otherwise. A4 SCALE: 1/4" = 1'-0" H. CONTROL JOINS: CJ required in walls should align with column line.  d e s i g n e r - z a c h c o p e l a n d o w n e r s : s t a n c o p e l a n d d a l e b a r n e s d o n c o p e l a n d SIGNAL o l d M A I N S T R E E T M A R K E T 50' RAILROAD SETBACK 9'-0" 9'-0" 9'-0" 5'-0" 90'-11 7/8" 119'-1 3/4" 30'-1 3/4" vendor parking access from 19'-0" TYP. ICE the south 22'-0" PROPERTY LINE c h a n d l e r , t e x a s MARKET PAVILION vendor 9'-0" TYP. sales food 12'-0" food area trailer trailer 30'-0" 24'-0" PAVED AREA BUILDABLE AREA 24'-0" F.M. HIGHWAY 315 19'-0" 19'-0" 19'-0" PROPERTY LINE 12' Radius Planting Planting 12' Radius 12' Radius Planting 12' Radius 12' Radius 106'-0" 25'-0" 25'-0" 56'-0" 25'-0" 62'-5" MAIN STREET A4 SITE PLAN SCALE: 3/32" = 1'-0" N a1.21  105 West Main Street—Chandler Texas (Intersection of Hwy 315 and the Railroad tracks) 214-549-7830 or 903-570-7630 email—srcope@sbcglobal.net March 15, 2014 Dear John and to whom these matters concern, I am submitting these Policies and Procedures as we discussed in hopes that the Old Main Street Market management will be allowed to operate a “market” under the stated guidelines. OMS Market management would secure a permit for a fee that you referred to as an “umbrella permit”, under which the vendors would operate. OMS management would be responsible for holding the vendors to the approved Policies and Procedures. The City of Chandler or the Chandler Chamber of Commerce has sent several inquiring food vendors our way. We have offered specific policies and procedures for food vending from trucks or trailers. We are equipped to follow these procedures and accommodate no more than two such vehicles daily. We also will have them off the lot daily, or under special arrangements, will have them moved by Saturday at 6:00 p.m.. No vehicles will be allowed on the lot on Sundays. We believe limited food vending from trucks or trailers would add to the “market” atmosphere and be profitable for us. We see this as no different to other such trailer arrangements already in place in the city, except we are mandating movement and not allowing permanence. We can create a safe environment for such food trucks or trailers and have more approved, marked, parking spaces than the city ordinances require for retail square footage. Concerning vending of purses, hats, tools and other products sold in flea markets and on the side of thoroughfares, we believe our “home, locally, or Tri-State grown and made” identified production areas will allow us to be selective and create the atmosphere of a first class market. Upon the approval of our policies and procedures we would like to hold a Town Hall meeting in the community center, maybe even with a meal or at least refreshments. This would be a time to distribute our operating plan, answer questions, and get some feel for who is interested to sign up as a potential vendor. It would be great to have you, or someone from the City Council or Chamber of Commerce present. Cordially Yours, Stan Copeland  105 West Main Street—Chandler Texas (Intersection of Hwy 315 and the Railroad tracks) 214-549-7830 or 903-570-7630 email—srcope@sbcglobal.net March 21, 2014 Dear Future Old Main Street Market Vendor: You are cordially invited to participate in the Old Main Street Market in downtown Chandler, Texas. The Market will be open daily Monday through Saturday, 10:00 a.m. until 5:30 p.m., from May 1st to November 1st. This time period will include four big annual events that will be publicized and promoted—Memorial Day, Independence Day, Labor Day and Harvest Festival (Halloween week and the annual end of the market). Future plans could involve an earlier opening in April and opening a week in December for a Christmas Market. The Market will feature the Tomato Shed Store. The store will be open six days each week from 10:00 a.m. to 5:30 a.m. daily. The Tomato Shed Store gets its name from the old tomato shed that once stood, 100 years ago, on the property of the present day Market. The wood in the store is from the original tomato shed that was torn down in the 1940s, the barn was built with the wood and stood until 2011 two miles north of the site off of Hwy 315. The store will feature homemade ice cream, fruit & veggie smoothies, locally grown fresh flowers, fruit and vegetables, and other homemade products. The store is not being established to compete with vendors, but will anchor and uplift the market that features local farmers, growers, and artisans. The purpose of the store and market together is to create a place to sell locally grown produce, homemade goods, other sellable items and an exciting market atmosphere for the community and larger East Texas area. It is our hope that you will partner with us to display and sell your produce and goods; together we can create an attraction to Chandler from which the town and other merchants will benefit. We, along with our families, look forward to meeting you and discussing our operation and hopes for the future. A town hall meeting to discuss market matters and City of Chandler approved policies and procedures that have been developed to help assure a smoothly operating and attractive market. The meeting will take place in April, in the meantime, if you have any questions, you can call Stan Copeland at 214-549-7830 or email me at srcope@sbcglobal.net Cordially Yours, Dale Barnes Don Copeland Stan Copeland  Policies & Procedures 1. The Old Main Street Market a. Primary Vending Space—Stalls The Old Main Street Market will be housed primarily under the market pavilion. There will be will ten rentable stalls with electricity, 12’x3’x3’ storage box, circulated air (industrial fans), display tables, and public restrooms. b. Secondary Vending Space—Canopies The secondary space for vendors will be west of the market pavilion under portable 10’ x 10’ canopies. The canopies will be set up, if needed, to accommodate vendors who could not be housed in the market pavilion. It will be preferable to fill up the market pavilion before canopies are set up. c. Tables and Chairs The Old Main Street Market will provide tables and chairs for rent. Vendors can provide their own tables and chairs, which must fit entirely inside their stall and not encroach upon other vendors. All canopies will be OMS canopies to create a more uniform look and standard set up. Note: There are no refunds for inclement weather and the market will open rain or shine. Refunds will be given should weather conditions be so bad that closing is mandated or advised. 2. Produce and Product Vending a. The stalls are available for rental on a daily, weekly or monthly basis for the cost of $10 per day, $40 per week or $150 per month. Each stall will be equipped with electricity and a display table. The canopies will be rented only on a daily basis for $8 per day with no electricity. b. Stalls can be rented monthly for $150, and payment must be made on or before the 25th day of the previous month. (No refunds will be given for missed days). If a vendor has a reserved space, he or she must be present between 8:30 a.m. and 9:30 a.m. or make special arrangements with OMS management by calling 903-570-  7630. If contact is not made then the vendor may lose the space for the day. This guideline applies to weekly and monthly rental vendors and will serve the purpose of reducing the possibility of the market pavilion being sparsely occupied. c. Subleasing a reserved space to another vendor is not allowed. d. Vendors may not change spaces during the day. e. Selling must be done only out of rented stalls, canopies, or from approved trucks and trailers. No soliciting outside of stalls and canopies will be allowed, and no amplified sound will be permitted. f. Vendors must clean up their space at the end of the market. g. Smoking is prohibited under the market pavilion. Vendor smoking is also discouraged, but allowed in the designated smoking areas and the open-air canopy area. h. Empty boxes are to be flattened and placed in the dumpster on the west end of the lot. i. Selling of animals on the grounds will not be allowed. j. No pets are allowed with vendors or shoppers in the market pavilion with the exception of service and/or guide dogs. Pets on the grounds must be leashed or held. k. All vendors shall conduct themselves in a professional manner while at the Market. Shoes and shirts are required at ALL times. l. All produce and products must be “home”, “Texas” or adjoining “Tri-State” (Louisiana, Arkansas, Oklahoma) grown or made, meaning the grower, artist or cook must be local, from Texas or adjoining Tri-State. m. All produce and products shall be sold at a standard weight or measure. Products may be sold by the pound and weighed on scales that can be tested by OMS management. Produce may also be sold by the piece, pint, quart, peck, bushel or another generally accepted measure of quantity.  n. All vendors are encouraged, but not required, to have a valid Texas Sales Tax ID number and are responsible for their own tax reporting and payments. Note: A Tax ID number can be obtained from the State Comptrollers office. Please visit www.window.state.tx.us for an application. o. All signage must comply with the Chandler city ordinances. 3. Produce and Food Vendors a. Required State of Texas licenses and permits are necessary for any food vendors who are set up in trucks or trailers. Should any vendor be inspected on site by state authorities and closed down there will be no refunds. b. All food vendors set up in trucks or trailers must have a State Sales Tax Permit and number on file with OMS management. c. Food trucks and trailers can hook up to OMS water and electricity source but must catch all grey water in a storage tank. d. Parking spaces #1 and #3 on the southeast side of the lot in the proximity of the icehouse (all identified on the site plan) and are equipped to accommodate food trucks or trailers. e. The food vending spaces are available for rental on a daily, weekly or monthly basis for the cost of $20 per day, $75 per week or $250 per month. f. Stalls can be rented monthly for $250, and payment must be made on or before the 25th day of the previous month. (No refunds will be given for missed days). g. No more than two food trucks or trailers can occupy the lot daily. h. All food trucks or trailers must be moved daily or arrangements can be made to park overnight, but all trucks and trailers must be moved before every Saturday at 6:00 p.m. No food trucks or trailers can be on the lot on Sundays. All vendors leave parked vehicles at their own risk. i. All food vendors are responsible for appropriately packaging their products and protecting them from the elements.  j. If produce is labeled “organic” or advertised as “organically grown”, then proper documentation from the State of Texas is required. k. Baked or canned products must be properly labeled with the common name of the product and contact information of the producer. l. Food vendors distributing food product samples at the market must use sanitary practices. m. All food trailers and trucks must be of acceptable condition to add to the market atmosphere. OMS management reserves the right to deny any admittance of food trailers or trucks based on that basis. 4. Vendor Check-In a. Vendors are asked to check in between 8:30 a.m. and 9:30 a.m. b. Space is available on a first come, first serve basis with the exception of the previously reserved spaces due to weekly or monthly payment. c. Immediately after unloading or loading, vehicles must be moved or parked on the far west end of the parking lot. d. Vendors under the canopies will be allowed to pull their trucks up to their rented canopy on the south side (railroad side). The canopies are located off the asphalt pavement to provide for ample parking and vehicle movement. e. Vendors must declare what they will be selling on the sign-in form at or before check in. f. The OMS management has the right to ask a vendor to remove from the market any inappropriate produce or any items of unacceptable quality; management may deny the sale of any item and deny the right of a vendor to sell due to non-compliance with policies and procedures but never in a discriminatory manner based on age, race, or gender. Official Vendor Application  The Old Main Street Market 8:30 a.m. to 5:30 p.m. Monday through Saturday (Please PRINT neatly or TYPE) Farm or Business Name: _______________________________________ Grower’s or Seller’s Name: ______________________________________ Mailing Address: ______________________________________________ City, State, Zip: _______________________________________________ Daytime Phone: ____________________Alternate Phone: ____________ E-mail:_______________ Web site (if applicable):___________________ TX Sales Tax # (if applicable):___________________________________ REQUIRED: List items that you are displaying or selling at the Old Main Street Market in the space below and give an asking price range per item. Item Estimated asking price 1. ______________________________________________________ 2. ______________________________________________________ 3. ______________________________________________________ 4. ______________________________________________________ 5. ______________________________________________________ 6. ______________________________________________________ 7. ______________________________________________________ Have you been a vendor at the Old Main Street Market before?(Circle one) Y N Would you like to pre-pay weekly or monthly for a reserved space? Y N The Old Main Street Market will take place RAIN or SHINE. The Old Main Street Market will not assume responsibility for damage or theft of your property. Vendor is responsible for submitting all applicable taxes directly to the proper agency. No generators will be allowed. All sale and display items must be contained within assigned area. The Old Main Street Market reserves the right to approve products. Please use this area for comments or requests. ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ Vendor Checklist: ____ Hold Harmless and Indemnity agreement signed and notarized ____ Completed application (on file until October 20, 2012) (For official use only) Business: ____________________________________________________________________ Name: ______________________________________________________________________ Placement: ___________________________________________________________________ Address: ____________________________________________________________________ Phone: ______________________________________________________________________ I have read and understand the policies and procedures for the Old Main Street Market. I agree to follow all rules and regulations set forth by OMS staff and understand that failure to do so can result in removal without refund. I will have no dogs, cats, or pets of any kind, illegal substances, alcohol or weapons on my person or at my stall or canopy during the Old Main Street Market. Signature Date Please deliver applications to Copeland’s Chandler Drug or Mail applications to: Old Main Street Market 14225 Pine Brook Dr. Tyler, Texas 75703  Hold Harmless and Indemnity Agreement Old Main Street Market May 1st through November 1st 2014 I, ____________________________, the Undersigned, binding my heirs, executors, administrators, estate and assigns, do hereby agree to completely and wholly release, indemnify and hold harmless the Old Main Street Station and Market its officers, agents, independent contractors, employees and SC & DB Properties LLC for any and all claims, damages, harm, personal injury, including death, property damage, lawsuits and judgments, including court costs, expenses and reasonable attorney's fees, and all other expenses resulting from the activities, programs, and events occurring on the above-stated date of the stated market in Chandler, Texas. It is the understanding of all parties that this agreement shall apply whether or not the claims, damages, harm, personal injury, including deaths, property damage, lawsuits, judgments, court costs, attorney's fees or any other expense arise from the negligence of whatever nature, omissions, willful or intentional acts of the vendors or vendor's officers, agents, employees, independent contractors, other representatives, invites, licensees, or guests. If this vendor is other than an individual, vendor certifies, warrants and represents that the individual whose signature appears below is duly authorized to execute this Agreement on behalf of the firm, corporation, partnership or other entity who is the vendor. IN WITNESS WHEREOF, this Agreement has been executed this _____ day of ____________________, in the year 20____. Vendor:______________________________________________________________ Signature:____________________________________________________________ Printed Name:_________________________________________________________ STATE OF _________________________COUNTY OF ________________________ Before me ____________________ on this day personally appeared ______________ known to me (or proved to me on the oath of _______________________________) or through __________________________________ (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this _____ day of _____________________, A.D. _______. (Seal) Notary Public In and For The State of ________ My Commission Expires __________________.