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Item 6A - Staff Report S T A F F R E P O R T March 26th, 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 across the street at 2199 E. Dove Road from 2004 to 2018 (approved via SUPs ZA04-014, ZA05-003, ZA07-020, ZA09- 072, ZA13-006, and ZA15-147). The stand has been at its current location at 2190 E. Dove Road since 2019 (approved via SUP 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. 24-011 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) at 2199 E. Dove Road through September 2004. (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 E. Dove Road for a two-year term. (ZA05-003) March 6, 2007; SUP approved for a son-cone stand at 2199 E. Dove Road for 3 years. (ZA07-020) February 2, 2010; Snow cone stand SUP approved (7-0) for a period of three (3) years at 2199 E. Dove Road. (ZA09-072) June 18, 2013; Snow cone stand SUP at 2199 E. Dove Road 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 at 2199 E. Dove Road approved (7-0) for 3 years. (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. (SUP expired/vehicle removed; ZA18-003) May 7, 2019: Snow cone stand SUP approved (5-0) for a period of 5- years. (ZA19-0019) PLANNING AND ZONING COMMISSION: March 21, 2024: Approved (5-0), noting approval subject to the staff report dated March 15, 2024, and noting a neighbor’s concerns about efforts to clean up and improve the cleanup along Kimball, and the applicant’s willingness to acknowledge that and perform that. CITY COUNCIL: 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. Case No. ZA24-0002 Attachment A Page 3 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. 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 F 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 Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Case No. ZA24-0002 Attachment C Page 2 Case No. ZA24-0002 Attachment C Page 3 Case No. ZA24-0002 Attachment D Page 1 RESOLUTION NO. 24-011 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 LOT 63, F. THROOP NO. 1511 ADDITION AND LOT 1, BLOCK 1, YATES CORNER ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, LOCATED AT 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 "S-P-1" Detailed Site Plan 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 2190 E. Dove Road and 1604 N. Kimball Avenue, location being described as Lot 63, F. Throop No. 1511 Addition 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 ordinance and the restrictions set forth herein. The following specific requirements and conditions shall be applicable to the granting of this Specific Use Permit: Case No. ZA24-0002 Attachment D Page 2 City Council motion: SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS 2ND DAY OF APRIL, 2024. CITY OF SOUTHLAKE By: _____________________________ Mayor ATTEST: _________________________________ Amy Shelley, TRMC City Secretary Case No. ZA24-0002 Attachment D Page 3 EXHIBIT A Property described as Lot 63, F. Throop No. 1511 Addtion and Lot 1, Block 1, Yates Corner Addition, an Addition to the City of Southlake, Tarrant County, Texas, located at 2190 E. Dove Road and 1604 N. Kimball Avenue, Southlake, Texas. Case No. ZA24-0002 Attachment D Page 4 EXHIBIT B (Reserved for narrative and supporting exhibits)