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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 ZA07-020 Page 1 Site Plan Case No. Attachment C ZA07-020 Page 1 Case No. Attachment C ZA07-020 Page 2 Case No. Attachment C ZA07-020 Page 3 Case No. Attachment C ZA07-020 Page 4 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” Case No. Attachment F ZA07-020 Page 4 Case No. Attachment F ZA07-020 Page 5 Case No. Attachment F ZA07-020 Page 6