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Item 7BCity of Southlake Department of Planning STAFF REPORT March 9, 2005 CASE NO ZA05 -003 PROJECT: Specific Use Permit for Outdoor Sales and Service (sno -cone stand) REQUEST: Jeff Day is requesting approval of a specific use permit for outdoor sales and service for a sno -cone stand during the months of April through September on property located at 2199 E. Dove Road for a period of five (5) years. ACTION NEEDED: 1. Conduct public hearing 2. Consider specific use permit approval ATTACHMENTS: (A) (B) (C) (D) (E) (F) Background Information Vicinity Map Plans and Support Information Surrounding Property Owners Map Surrounding Property Owners Responses Resolution No. 05 -014 STAFF CONTACT: Ken Baker (481 -2036) Dennis Killough (481 -2073) Case No. ZA05 -003 BACKGROUND INFORMATION OWNER: Donnie Ward — property owner APPLICANT: Jeff Day PROPERTY SITUATION: 2199 E. Dove Rd. LEGAL DESCRIPTION: Tract 2J, situated in the F. Throop Survey, Abstract No. 1511 LAND USE CATEGORY: Retail Commercial CURRENT ZONING: "C -1" Neighborhood Commercial 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. P &Z ACTION: March 3, 2005; Approved (6 -0) as presented, permitting stand as shown; signage limited to that shown; allowing tent as shown on ZA05 -004; noting 33 gallon trash can on -site; litter to be picked up daily; hours of operation from 12 p.m. to 10 p.m.; permit valid for a period of two (2) years. STAFF COMMENTS: Due to the limited scope of this request, no new review letter was generated. The applicant is requesting to operate a snow cone stand during the months from April through September. The applicant is requesting that the Specific Use Permit be valid for a period of 5 years. Site exhibits showing the location of the stand and canopy and photos of the actual structures have been provided as Attachment "C ". N: \Community Development \MEMO \2005cases \05- 003 SUP. doc Case No. ZA05 -003 Attachment A Page 1 Vicinity Map Snow Cone Stand -Jeff Day MN E Case No. ZA05 -003 Attachment B Page 1 1000 0 1000 2000 3000 Feet n 0 0 0 w Polo p orzv,�4( ,�i i n d T rIT1 In 1 4 '4, 6°r� H. 14 a.ri� G A' L L A E. a� �-- n r el vi � I tropicalsno Case No. Attachment C ZA05-003 Page 2 IN rig Case No. Attachment C ZA05-003 Page 3 Case No. ZA05 -003 Attachment C Page 4 This agreement is made between Jeff and Becky Day dba as Happy Days Tropical Sno and Donnie Ward of ATA Construction. We agree to lease the property located at 2199 E. Dove Rd., Southlake, Texas 76092 adjacent to west end of the building occupied by ATA Construction for the purpose of operating a sno cone stand for the months of April thru September, 2005. We agree to pay $185.00 per month for all months the building is open for business. The first and last month is due up front. If permit is denied by the city of Southlake, this lease becomes null and void, A ffa- enant Becky D�.y tenant Donnie Ward - owner date Case No. ZA05 -003 Attachment C Page 5 Surrounding Property Owners Snow Cone Stand — Jeff Day P N %000' N 01? Owner Zoning Land Use Acrea 1. Long, Pamela D SF-IA Retail Commercial 0.999 2. Long, Pamela D SF-IA Retail Commercial & 3.131 Low Density Resid. 3. Decaro, Thomas C & Janet SF -lA Low Density Resid. 7.434 B 4. McPherson, Rickey & S -P -2 Retail Commercial 3.227 Margie 5. McPherson, Rickey & C -1 Retail Commercial 0.638 Margie 6. 21 St Century Leasing & SF-IA Retail Commercial & 2.832 Mgmt Low Density Resid. 7. Ward, Donnie W & Leigh C -1 Retail Commercial 1.218 Case No. Attachment D ZA05 -003 Page 1 Surrounding Property Owner Responses Snow Cone Stand — Jeff Day Notices Sent: Seven (7) Responses: None (0) Case No. ZA 04 -003 Attachment E Page 1 RESOLUTION NO. 05 -014 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, subj ect Case No. Attachment F ZA 04 -003 Page 1 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. 2. 3. 4. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF .2005. CITY OF SOUTHLAKE ATTEST: Lori Farwell City Secretary Case No. ZA 04 -003 IM Andy Wambsganss, Mayor Attachment F 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. ZA 04 -003 Attachment F Page 3 o� In krti E��F STEAD th STOW TO b0t' I .. CC moor, t f G r II 'i'j N. k s m,13AlL. AVE_ b� ITO krl �' CA v 2i M Z O G� O CC Q� V N Case No. Attachment F ZA 04 -003 Page 6 Case No. ZA 04 -003 Attachment F Page 7