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
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Case No.
ZA05 -003
Attachment B
Page 1
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Case No. Attachment C
ZA05-003 Page 2
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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'
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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
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ZA 04 -003 Page 6
Case No.
ZA 04 -003
Attachment F
Page 7