Item 7CCity of Southlake
Department of Planning
STAFF REPORT
March 9, 2005
CASE NO
ZA05 -004
PROJECT: Specific Use Permit for Outdoor Sales or Services (snow cone stand)
REQUEST: Becky Day is requesting approval of a specific use permit for outdoor sales or
services for a snow cone stand during the months of April through September on
property located at 2300 W. Southlake Boulevard 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 -015
STAFF CONTACT: Ken Baker (481 -2036)
Dennis Killough (481 -2073)
Case No.
ZA05 -004
BACKGROUND INFORMATION
• 'R '
APPLICANT:
James Martin
Becky Day
PROPERTY SITUATION: 2300 W. Southlake Boulevard
LEGAL DESCRIPTION: Lot 4R2, J.G. Allen No. 18 Addition
LAND USE CATEGORY: Retail Commercial
CURRENT ZONING: "C -3" General Commercial District
HISTORY: - The City Council placed "C -3" zoning on the property with the adoption of
Zoning Ordinance No. 480 on September 19, 1989.
-A plat showing was approved by P &Z on January 7, 1993.
-City Council approved a Plat Revision on August 4, 1998.
-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; 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: \Coinmunity Development \MEMO \2005cases \05- 004SUP.doc
Case No.
ZA05 -004
Attachment A
Page 1
Vicinity Map
Sno Cone Stand -Becky Day
S
Case No.
ZA05 -004
Attachment B
Page 1
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Case No.
ZA05 -004
Attachment C
Page 2
Letter of Agreement
January 23, 20305
Parties: Jaynes H. Martin - owner
P. 0. Box 793
Newark, Texas 78071
817 -489 - -3904
Jeff pay dba Tropical Sno - tenant
2861 Autumn Car_
Hurst, Texas 76054
81 7- 656 -7865
Subject: Dental of property
The above mentioned tenant will obtain a permit from the City of Southlake to operate a
sno cone stand on property. Sno cone stared will operate during the months of April thru
September 2005.
1. Tenant shall pay $375.00 per month for each month the sno cone stand is open for
business.
2. Tenant shall clearly mark the parking spaces as private parking for sno cone stand
customers and employees only.
3. Tenant will be responsible for all actions for their customers and employees on the
property and will hold the landlord harmless of any action as a result of the sno cone
stand agreement.
4. This agreement is month to month and can be cancelled with 303 days written notice by
either party.
5. Tenant will maintain the trash and grass immediately around parking area_
Agreed upon this 23rd day of January 20305
i
owner
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Case No.
ZA05 -004
Attachment C
Page 3
Owner
Zoning
Land Use
Acrea
I. Southlake Crossing Am Clinic
"C -3"
Retail Commercial
0.531
2. NTVMG Up
"S -P -2"
100 Year Flood Plain
0.935
3. Stonebridge Monticello Pt Ltd
"S -P -2"
Office Commercial
1.472
4. Stonebridge Monticello Pt Ltd
"S -P -2"
Office Commercial
3.174
5. Brown, David L
"SF -IA"
Retail Commercial
3.247
6. City of Southlake
"S -P -1"
Retail Commercial
4.010
7. M & H Food Mart
"C -2"
Retail Commercial
1.531
8. Shunail Corp Inc
"C -3"
Retail Commercial
1.082
9. Stanley Crossing, Lp
"C -2"
Retail Commercial
1.341
10. Wendys International Inc.
"C -2"
Retail Commercial
0.751
11. Daily Six Texas Inc.
"S -P -1"
100 Year Flood Plain
0.723
12. Martin, James H
"C -3"
Retail Commercial
3.206
Case No.
ZA05 -004
Attachment D
Page 1
Surrounding Property Owners
Snow Cone Stand — Becky Day
Surrounding Property Owner Responses
Snow Cone Stand — Becky Day
Notices Sent: Twelve (12)
Responses: None
Case No.
ZA 05 -004
Attachment E
Page 1
RESOLUTION NO. 05 -015
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 2300 W. SOUTHLAKE BOULEVARD, BEING
LEGALLY DESCRIBED AS LOT 4R2, J.G. ALLEN NO. 18 ADDITION,
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 -3" General
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 2300 W. Southlake Boulevard, being legally described as Lot 4R2, J.G. Allen No. 18
Addition, an addition to the City of Southlake, as recorded in Cabinet `A', Slide 4649, Plat Records, Tarrant
County, Texas, more fully and completely described in Exhibit "A ", and as depicted on the approved Concept
Case No. Attachment F
ZA05 -004 Page 1
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.
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
0
Andy Wambsganss, Mayor
Case No. Attachment F
ZA05 -004 Page 2
EXHIBIT "A"
Being property located at 2300 W. Southlake Boulevard, being legally described as Lot 4R2, J.G. Allen No.
18 Addition, an addition to the City of Southlake, as recorded in Cabinet `A', Slide 4649, Plat Records,
Tarrant County, Texas.
Case No. Attachment F
ZA05 -004 Page 3
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Case No.
ZA05 -004
Attachment F
Page 5