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
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Case No. Attachment F
ZA09-072 Page 6