Item 9 - Staff Report
S T A F F R E P O R T
March 15th, 2024
CASE NO: ZA24-0002
PROJECT: Specific Use Permit for Tropical Sno of Southlake
EXECUTIVE
SUMMARY: Tim and Rachel Brauer are requesting approval of a renewal for the Specific Use
Permit for Outdoor Sales or Services for the Tropical Sno of Southlake on
property described as Lot 63, F. Throop No. 1511 Addition and Lot 1, Block 1,
Yates Corner Addition, City of Southlake, Tarrant County, Texas, and located at
2190 E. Dove Road, and 1604 N. Kimball Avenue, Southlake, Texas. Current
Zoning: “S-P-2” Generalized Site Plan District and “S-P-1” Detailed Site Plan
District. SPIN Neighborhood #4.
DETAILS: The subject property is located on the northwest corner of E. Dove Road and N.
Kimball Avenue.
The applicants are seeking approval to renew the Specific Use Permit for Outdoor
Sales or Services, applying to the seasonal snow cone stand on the Yates Corner
Grocery property and a section of the adjacent McPherson’s Storage property
north and west of the grocery store. The applicant is seeking a five-year approval
period.
The applicant seeks to renew the specific use permit for the property, operating
the snow cone stand from mid-March to mid-September, seven days a week, with
hours from 2 pm to 9 pm Sunday through Thursday and 1 pm to 9 pm on Friday
and Saturday. The existing trash dumpster on-site will be utilized, and restroom
facilities at Yates Corner Grocery will continue to serve the snow cone stand staff.
The property includes a parking area situated to the west of the grocery store,
located within the adjacent property. This area accommodates approximately 24-
28 parking spaces, serving both the grocery store and the snow cone stand. The
stand has undergone cosmetic improvements since the previous SUP approval
in 2019, including new teal and white paint, removal of the awning, and updated
signage. Historically, the stand operated at 2300 W. Southlake Blvd from 2004 to
2005 (ZA04-015 and ZA05-004), and at 2190 E. Dove Road in Southlake from
2004 to 2024 (ZA04-014, ZA05-003, ZA09-072, ZA13-006, ZA15-147 and 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
Narrative Letter and Supporting Exhibits
STAFF CONTACT: Peyton Sherman (817) 748-8269
Jenny Crosby (817) 748-8195
Case No.
ZA24-0002
Attachment A
Page 1
BACKGROUND INFORMATION
PROPERTY OWNERS: Yates Corner Grocery, Ron Brooks and Howard Harris
APPLICANT: Tim and Rachel Brauer
PROPERTY SITUATION: 2190 E. Dove Road, and 1604 N. Kimball Avenue, Southlake, Texas
LEGAL DESCRIPTION: Lot 63, F. Throop No. 1511 Addition and Lot 1, Block 1, Yates Corner
Addition
LAND USE CATEGORY: Retail Commercial
CURRENT ZONING: “S-P-1” Detailed Site Plan 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).
April 20, 2004; Snow cone stand SUP approved (6-0) requiring the
removal of the awning, sno-cone stand, and ice machine at the end of the
approved period. (ZA04-014)
March 15, 2005; SUP approved (6-0) allowing a sno-cone stand for the
months of April through September on property located at 2199 East
Dove Road for a two-year term. (ZA05-003)
February 2, 2010; Snow cone stand SUP approved (7-0) as presented for
a period of three (3) years. (ZA09-072)
June 18, 2013; Snow cone stand SUP approved (7-0) for a three-year
period as presented (expires prior to 2016 sales season), subject to
applicant complying with the City of Southlake’s accessibility and safety
codes in addition to compliance with Tarrant County. (ZA13-006)
January 19, 2016; Snow cone stand SUP approved (7-0) subject to the
staff report dated January 19, 2016. (ZA15-147)
Case No.
ZA24-0002
Attachment A
Page 2
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)
May 7, 2019: Snow cone stand SUP approved (5-0) subject to the Staff
Report dated April 30, 2019; and noting the approval of the specific use
permit for a period of 5-years. (ZA19-0019)
PLANNING AND
ZONING COMMISSION:
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.
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
Case No.
ZA24-0002
Attachment A
Page 3
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.
Case No.
ZA24-0002
Attachment B
Page 1
Case No.
ZA24-0002
Attachment C
Page 1
SURROUNDING PROPERTY OWNERS MAP & RESPONSES
SPO #Owner Zoning Physical Address Acreage Response
1 CONROY, MICHAEL SF30 1780 N KIMBALL AVE 0.807353986 NR
2 MCWHORTER, ZUMA RPUD 1713 TORIAN LN 0.345345245 NR
3 REHNQUIST, TODD RPUD 1712 TORIAN LN 0.230652206 NR
4 HERCHMAN, PAUL RPUD 1709 TORIAN LN 0.535530289 NR
5 BERNAL, VICTOR SF1-A 2100 E DOVE RD 1.095961639 NR
6 DECARO, THOMAS SF1-A 2080 E DOVE RD 0.683335131 NR
7 OSMAN, FARHAT SF1-A 2117 E DOVE RD 0.15170277 NR
8 POONAWALA, ALI SF1-A 2150 E DOVE RD 0.396550972 NR
9 MLN ENTERPRISES LLC SP1 2199 E DOVE RD 0.603884666 NR
10 WAGNER, PAUL SF1-A 0.975113119 NR
11 SPRINGS BUILDING PARTNERS LLC SF1-A 2050 E DOVE RD 2.158905881 NR
12 DAVIDSON, STEVEN R AG 1800 N KIMBALL AVE 0.566527876 NR
13 GRANDY, MORGAN RPUD 1717 TORIAN LN 0.536439818 NR
14 STRINGER, MATTHEW M RPUD 1716 TORIAN LN 0.705700403 NR
15 RANDOLPH, KAREN AG 2034 E DOVE RD 1.260511837 NR
16 BEVILLE, JOHN R SF1-A 1647 CREEKSIDE DR 0.986051391 NR
17 WAGNER, PAUL C1 1620 N KIMBALL AVE 0.586898851 NR
1000 MCPHERSON, RICKEY SP2 1604 N KIMBALL AVE 2.965435661 U
1001 DOVE COMMERCIAL PROPERTIES LLC SP1 2190 E DOVE RD 0.51936725 U