Item 6JCity of Southlake
Department of Planning & Development Services
S T A F F R E P O R T
February 28, 2007
ZA07-020
CASE NO:
Specific Use Permit for a Sno-Cone stand at 2199 E. Dove Road
PROJECT:
REQUEST: Jeff Day is requesting approval of a specific use permit for outdoor sales and service for
a sno-cone stand on property located at 2199 E. Dove Road. The applicant is
proposing to operate the stand during the months of April through September. In
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 sno-cone stand at this location was
approved by City Council on March 15, 2005 for a period of two (2) years. This
permit will expire March 15, 2007.
The proposed sno-cone stand, seating area and signage is the same as those in the
previously approved specific use permit.
1. Conduct public hearing
ACTION NEEDED:
2. Consider specific use permit approval
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. 07-012
STAFF CONTACT: Ken Baker (748-8067)
Dennis Killough (748-8072)
Case No.
ZA07-020
BACKGROUND INFORMATION
OWNER: Donnie Ward
APPLICANT: Jeff Day
PROPERTY SITUATION: 2199 E. Dove Road
LEGAL DESCRIPTION: 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 sno-
cone stand on April 20, 2004.
-A Specific Use Permit was approved by City Council to allow a sno-
cone stand for a period of two years on March 15, 2005.
P&Z ACTION: February 22, 2007; Approved (6-0) for a period of 2 years.
STAFF COMMENTS: Due to the limited scope of this request, no 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”.
N:\Community Development\MEMO\2007cases\07-020SUP.doc
Case No. Attachment A
ZA07-020 Page 1
Case No. Attachment B
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Site Plan
Case No. Attachment C
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Case No. Attachment C
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Case No. Attachment C
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Case No. Attachment C
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Surrounding Property Owners
2199 E. Dove Road
SPO #
Owner Zoning Land Use Acreage
Retail Commercial
1.
Decaro, Thomas C Etux Susan E SF1-A Low Density Residential 7.565
Retail Commercial
2.
McPherson, Rickey Etux Margie SP2 3.227
Retail Commercial
3.
McPherson, Rickey Etux Margie C1 0.638
Retail Commercial
4.
Long, Pamela D SF1-A Low Density Residential 2.987
Retail Commercial
5.
Ward, Donnie W Etux Leigh C1 1.122
Retail Commercial
6.
Wagner, Paul SF1-A 2.759
Retail Commercial
7.
Long, Pamela D SF1-A 1.044
8.
City of Grapevine
Case No. Attachment D
ZA07-020 Page 1
Surrounding Property Owner Responses
2199 E Dove Road
Notices Sent: Eight (8)
Responses Received: One (1)
Jimmie & Jennifer Peikert
, Grapevine Resident within 200-feet, submitted a Notification
Support
Response Form in on February 16, 2007 (attached).
Case No. Attachment E
ZA07-020 Page 1
Case No. Attachment E
ZA07-020 Page 2
RESOLUTION NO. 07-012
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 (40) 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 depicted on the approved
Concept Plan attached hereto and incorporated herein as Exhibit “B” and providing an effective date, subject to
Case No. Attachment F
ZA07-020 Page 1
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 __________, 2007.
CITY OF SOUTHLAKE
By: _________________________________
Andy Wambsganss, Mayor
ATTEST:
_________________________________
Lori Farwell
City Secretary
Case No. Attachment F
ZA07-020 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
ZA07-020 Page 3
EXHIBIT “B”
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