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Item 6ECase No. ZA19-0019 S T A F F R E P O R T April 30, 2019 CASE NO: ZA19-0019 PROJECT: Specific Use Permit for Tropical Sno of Southlake EXECUTIVE SUMMARY: Jeff and Becky Day are requesting approval of a Specific Use Permit for Outdoor Sales or Services for the Tropical Sno of Southlake on property described as Tract 1E01, Francis Throop Survey, Abstract No. 1511 and Lot 1, Block 1, Yates Corner Addition, an Addition to the City of Southlake, Tarrant County, Texas, located at 2180 and 2190 E. Dove Road, and 1604 N. Kimball Avenue, Southlake, Texas. Current Zoning: “S-P-2” Generalized Site Plan District and “C- 1” Neighborhood Commercial District. SPIN Neighborhood #4. DETAILS: The subject property is located on the northwest corner of E. Dove Road and N. Kimball Avenue. The purpose of this item is to gain approval for a seasonal snow cone stand to be placed on the Yates Corner Grocery property and a portion of the adjoining McPherson’s Storage property north of the grocery store. The request is for a five-year approval period. The applicant is requesting to place the snow cone stand on the subject property for operating mid-March until mid-September seven (7) days a week . Hours of operation proposed to be between 12 pm and 10 pm. The site plan shows the location of the proposed 8 ft. by 10 ft. snow cone stand and associated 3 ft. by 6 ft. ice machine. The site plan identifies a parking area west of the grocery store within the adjacent property for approximately 24-28 parking spaces (the proposed parking noted in the narrative located at 1604 N. Kimball has been eliminated). The snow cone stand will have existing signage located on the front facing the interior of the property and will have a sign on the rear of the snow cone stand facing N. Kimball Avenue. The snow cone stand will use the existing trash dumpster on site. Restrooms in the Yates Corner Grocery will be available for use by the snow cone stand staff. The snow cone stand was previously located across the street at 2199 E. Dove Road and had specific use permits for the site from 2004-2018 (ZA05-014, ZA10-010, ZA13-026, ZA14-024, and ZA15- 147). The applicant has operated another snow cone stand in Southlake located at 2232 and 2300 W. Southlake Blvd. from 2004-2005 (ZA04-015 and ZA05-004). There has been one response within 200 ft. of the subject property opposed to the specific use permit for a total opposition of 8.83%. The opposition will not require a supermajority vote of City Council. Case No. ZA19-0019 ACTION NEEDED: 1) Conduct a public hearing 2) Consider approval of a Specific Use Permit ATTACHMENTS: (A)Background Information (B)Vicinity Map (C)Surrounding Property Owners Map & Responses (D)Resolution No. 19-015 Link to Presentation Link to Applicant’s Narrative STAFF CONTACT: Ken Baker (817) 748-8067 Patty Moos (817) 748-8269 Case No. Attachment A ZA19-0019 Page 1 BACKGROUND INFORMATION PROPERTY OWNERS: Yates Corner Grocery, Ron Brooks and Howard Harris APPLICANT: Jeff and Becky Day PROPERTY SITUATION: 2180 and 2190 E. Dove Road, and 1604 N. Kimball Avenue, Southlake, Texas LEGAL DESCRIPTION: Tract 1E01, Francis Throop Survey, Abstract No. 1511 and Lot 1, Block 1, Yates Corner Addition, an Addition to the City of Southlake, Tarrant County, Texas. LAND USE CATEGORY: Retail Commercial CURRENT ZONING: “C1” Neighborhood Commercial District and “S-P-2” Generalized Site Plan District HISTORY: January 1977; City Council approved a zoning change for Yates Corner Store (ZA76-005). May 17,1994; City Council approved a zoning change and concept plan for Yates Corner Storage (ZA94-025 / Ord. 480-116). March 21,1995: City Council approved a site plan for Yates Corner Storage (ZA95-021). February 20, 2018; City Council approved a specific use permit for Drunken Cow Barbeque for a period of one (1) year, the applicant has access to the Yates property seven days per week, and open for business and sales between Wednesdays and Sundays. (ZA18-003) PLANNING AND ZONING COMMISSION: April 18, 2019; Approved (4-0) subject to the Staff Report dated April 12, 2019 and granting a specific use permit for a 5-year period, as requested. STAFF COMMENTS: The Planning & Zoning Commission and City Council shall consider the following in determining whether to grant a Specific Use Permit for Outdoor Sales or Services according to the Comprehensive Zoning Ordinance No. 480, Section 45.12, as amended: 1. Approval of a specific use permit for outdoor sales or services shall be based upon an analysis of the location, the site layout and design features, the assurance that the adjoining streets can handle higher volumes of traffic during peak hours of traffic loading without a requirement to divert traffic onto traditional residential streets and the compatibility of the proposed use with adjacent land uses. 2. A fixed time period (specific dates) for the outdoor sale or service activity to commence shall be established in the specific use permit. The permit for the sale or service activity shall be established and unless otherwise stated in the permit, shall be valid one year from the date of approval by the City Council. Case No. Attachment A ZA19-0019 Page 2 3. Regulations for any structure used to conduct the outdoor sale or services activity including but not limited to, size, color, location of equipment, lighting and signage shall be established in the specific use permit. 4. The location of outdoor sale or service activity shall not reduce the parking requirements or effectiveness of landscaped or buffer areas and the areas for the display of merchandise shall not adversely impact the ability of pedestrians or vehicles to move about the lot. 5. The site must provide adequate ingress and egress. 6. Provisions for waste collection, recycling and/or disposal may be established in the specific use permit. 7. Each sidewalk or pedestrian way on the approved site plan shall be a minimum of forty-four inches (44”) in width. Additional width may be required, and pedestrian ways shall be subject to the Americans with Disability Act Accessibility Guidelines for Building and Facilities. 45.5 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. e. Location, lighting and type of signs; and relation of signs to traffic control and adverse effect on adjacent properties. f. 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. h. Such other measures as will secure and protect the public health, safety, morals and general welfare. i. City Council may grant variances to specific regulations associated with a specific use set forth in Sections 45. To receive a variance, the applicant must demonstrate one of the following (As amended by Ordinance No. 480-MMMM): a. A variance will reduce the impact of the project on surrounding residential properties; or b. Compliance with this ordinance would impair the architectural design or creativity of the project; or c. A variance is necessary to assure compatibility with surrounding developed properties; or d. The proposed construction is an addition to an existing project that does not meet the requirements of this ordinance. N:\Community Development\MEMO\2019 Cases\0019 - SUP - Lot 1, Block 1, Tropical Sno of Southlake Case No. Attachment B ZA19-0019 Page 1 Case No. Attachment C ZA19-0019 Page 1 SPECIFIC USE PERMIT REVIEW SUMMARY Case No.: ZA19-0019 Review No.: Two Date of Review: 4/12/19 Project Name: Tropical Sno of Southlake APPLICANT: Jeff and Becky Day OWNER: Yates Corner Grocery Howard Harris and Ron Brooks 2861 Autumn Drive P.O. Box 93024 Hurst, TX 76054 Southlake, TX 76092 Phone: 214-679-5458 Phone: 817-371-9384 Email: Email: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/1/19 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT Patty Moos AT (817) 748-8269. ___________________________________________________________________________________________ Planning Review Patty Moos Planner Phone: (817) 748-8269 Email: pmoos@ci.southlake.tx.us Informational Comments Outdoor sales or services, subject to the requirements set forth in Section 45.11 of this ordinance. 45.11 SPECIFIC REGULATIONS FOR OUTDOOR SALES OR SERVICES a. Approval of a specific use permit for outdoor sales or services shall be based upon an analysis of the location, the site layout and design features, the assurance that the adjoining streets can handle higher volumes of traffic during peak hours of traffic loading without a requirement to divert traffic onto traditional residential streets and the compatibility of the proposed use with adjacent land uses. b. A fixed time period (specific dates) for the outdoor sale or service activity to commence shall be established in the specific use permit. The permit for the sale or service activity shall be established and unless otherwise stated in the permit, shall be valid one year from the date of approval by the City Council. c. Regulations for any structure used to conduct the outdoor sale or services activity including but not limited to, size, color, location of equipment, lighting and signage shall be established in the specific use permit. d. The location of outdoor sale or service activity shall not reduce the parking requirements or effectiveness of landscaped or buffer areas and the areas for the display of merchandise shall not adversely impact the ability of pedestrians or vehicles to move about the lot. Case No. Attachment C ZA19-0019 Page 2 e. The site must provide adequate ingress and egress. f. Provisions for waste collection, recycling and/or disposal may be established in the specific use permit. g. Each sidewalk or pedestrian way on the approved site plan shall be a minimum of forty- four inches (44”) in width. Additional width may be required, and pedestrian ways shall be subject to the Americans with Disability Act Accessibility Guidelines for Building and Facilities. NOTE: A specific use permit shall automatically expire if a building permit is not issued and construction begun within six (6) months of the granting of the specific use permit or if the use shall cease for a period of six (6) months Kelly Clements Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: No comments based on submitted information. Case No. Attachment E ZA19-0019 Page 1 Surrounding Property Owners SPO # Owner Zoning Address Acreage Response 1. OSMAN, FARHAT SF1-A 2117 E DOVE RD 2.99 NR 2. WARD, DONNIE W C1 2199 E DOVE RD 0.93 NR 3. OSMAN, FARHAT SF1-A 2150 E DOVE RD 1.04 NR 4. DOVE COMMERCIAL PROPERTIES LLC C1 2180 E DOVE RD 0.55 F 5. PRINZ, MARTIN W SF30 1780 N KIMBALL AVE 1.03 O 6. MOODY, TRENTON RPUD 1713 TORIAN LN 0.54 NR 7. REHNQUIST, TODD RPUD 1712 TORIAN LN 0.71 NR 8. COLLIER, JAMES D SF1-A 2100 DOVE RD 1.43 NR 9. MCPHERSON, RICKEY SP2 1604 N KIMBALL AVE 2.97 NR 10. CONRAD CAPITAL, LLC RPUD 1709 TORIAN LN 0.54 NR 11. DECARO, THOMAS SF1-A 2080 E DOVE RD 7.57 F 12. Supt. of Carroll ISD NR 13. Supt. of Grapevine Colleyville ISD NR 14. Supt. of Northwest ISD NR 15. Supt. of Keller ISD NR 16. City of Grapevine NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Sixteen (16) Responses Received: In Favor: 2 Opposed:1 Undecided: 0 No Response: 13 Outside 200 ft: In Favor: 1 Opposed: 0 Undecided: 0 Case No. Attachment E ZA19-0019 Page 2 SURROUNDING PROPERTY OWNER RESPONSES Case No. Attachment E ZA19-0019 Page 3 Case No. Attachment E ZA19-0019 Page 4 Case No. Attachment E ZA19-0019 Page 5 City of Grapevine and Outside 200 ft.: Grapevine Case No. Attachment F ZA19-0019 Page 1 RESOLUTION NO. 19-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT TO ALLOW OUTDOOR SALES OR SERVICES FOR THE TROPICAL SNO CONE LOCATED ON PROPERTY DESCRIBED AS TRACT 1E01, FRANCIS THROOP SURVEY, ABSTRACT NO. 1511 AND LOT 1, BLOCK 1, YATES CORNER ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, LOCATED AT 2180 AND 2190 E. DOVE ROAD, AND 1604 N. KIMBALL AVENUE, SOUTHLAKE, 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. WHEREAS, a Specific Use Permit to allow outdoor sales or services has been requested by a person or corporation having a proprietary interest in the property zoned as "C-1" Neighborhood Commercial District and "S-P-2" Generalized Site Plan District; and, WHEREAS, in accordance with the requirements of Section 45.12 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 outdoor sales or services, on property within the City of Southlake, Texas, located at 2180 and 2190 E. Dove Road, and 1604 N. Kimball Avenue, location being described as Tract 1E01, Francis Throop Survey, Abstract No. 1511 and Lot 1, Block 1, Yates Corner 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 Case No. Attachment F ZA19-0019 Page 2 ordinance and the restrictions set forth herein. The following specific requirements and conditions shall be applicable to the granting of this Specific Use Permit: City Council motion: SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS _____ DAY OF MAY, 2019. CITY OF SOUTHLAKE By: _____________________________ Laura Hill, Mayor ATTEST: _________________________________ Amy Shelley, TRMC City Secretary Case No. Attachment F ZA19-0019 Page 3 EXHIBIT A Property described as Tract 1E01, Francis Throop Survey, Abstract No. 1511 and Lot 1, Block 1, Yates Corner Addition, an Addition to the City of Southlake, Tarrant County, Texas, located at 2180 and 2190 E. Dove Road, and 1604 N. Kimball Avenue, Southlake, Texas. Case No. Attachment F ZA19-0019 Page 4 EXHIBIT B Reserved for Exhibits