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Item 6E S T A F F R E P O R T January 27, 2010 CASE NO:ZA09-072 PROJECT:Specific Use Permit for Tropical Sno REQUEST: Jeff Day is requesting approval of a specific use permit for outdoor sales and service for a snow-cone stand on property located at 2199 E. Dove Road. The applicant is In proposing to operate the stand during the months of April through September. addition, the applicant is requesting that the specific use permit be valid for a period of three (3) years. A specific use permit for a snow-cone stand at this location was approved by City Council on March 6, 2007 for a period of three (3) years . This permit will expire March 6, 2010. The proposed snow-cone stand, seating area and signage is the same as those in the previously approved specific use permit. ACTION NEEDED:1. Conduct public hearing 2. Consider approval of specific use permit ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Surrounding Property Owners Map (E) Surrounding Property Owners Responses (F) Resolution No. 10- STAFF CONTACT: Ken Baker (817)748-8067 Lorrie Fletcher (817)748-8069 Case No. ZA09-072 BACKGROUND INFORMATION OWNER: Donnie Ward APPLICANT: Jeff Day PROPERTY SITUATION: 2199 E. Dove Road LEGAL DESCRIPTION: Tract 2J, F. Throop Survey, Abstract No. 1511 LAND USE CATEGORY: Retail Commercial CURRENT ZONING: “C-1” Neighborhood Commercial District HISTORY: -The City Council placed “C-1” zoning on the property with the adoption of Zoning Ordinance No. 480 on September 19, 1989. -A Specific Use Permit was approved by City Council to allow a snow- cone stand on April 20, 2004. -A Specific Use Permit was approved by City Council to allow a snow- cone stand for a period of two years on March 15, 2005. -A Specific Use Permit was approved by City Council to allow a snow- cone stand for a period of three years on March 6, 2007. P&Z ACTION: January 7, 2010; Approved to Table on Consent to the January 21, 2010 meeting (6-0). January 21, 2010; Approved (7-0) for a period of three (3) years and subject to Staff’s Report dated January 15, 2010. COUNCIL ACTION: STAFF COMMENTS: Due to the limited scope of this request, no formal review letter was generated. Site exhibits showing the location of the stand, canopy and photos of the actual structures and signage have been provided as Attachment “C”. Case No. Attachment A ZA09-072 Page 1 Case No. Attachment B ZA09-072 Page 1 Site Plan Case No. Attachment C ZA09-072 Page 1 Case No. Attachment C ZA09-072 Page 2 Case No. Attachment C ZA09-072 Page 3 Case No. Attachment C ZA09-072 Page 4 Surrounding Property Owners 2199 E. Dove Road 2 City of Grapevine 3 8 6 1 7 4 5 SPO OwnerZoning Land Use Acreage Response # 1. NR Decaro, Thomas C Etux Susan ESF1-ALow Density Residential7.56 2. NR McPherson, Rickey Etux MargieSP2Retail Commercial3.26 3. NR McPherson, Rickey Etux MargieC1Retail Commercial0.63 4. NR Long, Pamela DSF1-ALow Density Residential2.98 5. NR Wagner, PaulSF1-ALow Density Residential2.07 6. NR Ward, Donnie W Etux LeighC1Retail Commercial1.12 7. NR Wagner, PaulC1Retail Commercial0.67 8. NR Long, Pamela DSF1-ARetail Commercial1.04 9. F City of Grapevine Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Nine (9) Responses Received: One (1) Case No. Attachment D ZA09-072 Page 1 Case No. Attachment E ZA09-072 Page 1 RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR OUTDOOR SALES OR SERVICES FOR A SNOW CONE STAND ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2199 E. DOVE STREET, BEING LEGALLY DESCRIBED AS TRACT 2J, SITUATED IN THE F. THROOP SURVEY, ABSTRACT NO. 1511, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A”, AND AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B” AND PROVIDING AN EFFECTIVE DATE. WHEREAS , a Specific Use Permit for outdoor sales or services for a snow cone stand has been requested by a person or corporation having a proprietary interest in the property zoned as “C-1” Neighborhood Commercial District; and, WHEREAS , in accordance with the requirements of Section 45.1 (39) and 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 for outdoor sales or services for a snow cone stand on the property located at 2199 E. Dove Street being legally described as Tract 2J, situated in the F. Throop Survey, Abstract No. 1511, more fully and completely described in Exhibit “A”, and as Case No. Attachment F ZA09-072 Page 1 depicted on the approved Concept 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: 1. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS ____ DAY OF __________, 2010. CITY OF SOUTHLAKE By: _________________________________ John Terrell, Mayor ATTEST: _________________________________ Lori Payne, TRMC City Secretary Case No. Attachment F ZA09-072 Page 2 EXHIBIT “A” Being property located at 2199 E. Dove Street, being legally described as Tract 2J, situated in the F. Throop Survey, Abstract No. 1511. Case No. Attachment F ZA09-072 Page 3 EXHIBIT “B” Case No. Attachment F ZA09-072 Page 4 Case No. Attachment F ZA09-072 Page 5 Case No. Attachment F ZA09-072 Page 6