Item 7CCity of Southlake
Department of Planning
STAFF REPORT
April 14, 2004
CASE NO
ZA04 -014
PROJECT: Snow Cone Vendor (Jeff Day
REQUEST: Jeff Day is requesting approval of a specific use permit for outdoor sales or services
to allow the operation of a snow cone stand for the months of April through
September.
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. 04 -024
STAFF CONTACT: Dennis Killough (481 -2073)
Bruce Payne (481 -2036)
Case No.
ZA04 -014
BACKGROUND INFORMATION
OWNER: Donnie Ward — property owner
APPLICANT: Jeff Day
PURPOSE: The purpose of this request is to receive approval of a Specific Use Permit for
outdoor sales or service for a snow cone stand.
PROPERTY SITUATION: 2199 East Dove Road, Southlake, Texas
LEGAL DESCRIPTION: Tract 2J, situated in the 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.
P &Z ACTION: April 8, 2004; Approved (4 -0) allowing signage as shown, allowing the 10
foot by 20 foot tent and granting the specific use permit through September
2004.
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. Site exhibits showing the location ofthe stand
and photos of the actual structure have been provided as Attachment "C ".
M \Community Development \WP - FILES \MEMO \2004cases \04- 014SUP.doc
Case No.
ZA04 -014
Attachment A
Page 1
Vicinity Map
Snow Cone Stand -Jeff Day
W
Case No.
ZA04 -014
Attachment B
Page 1
City of SouthIake
Page 1 of 1
DISCLAIMER H
+ City of SouthIake This data has been compiled for the City of SouthIake.
667 North Carroll Avenue City of Various official and unofficial sources were used to gather
SouthIake, Texas 76092 SouthIake this information. Every effort was made to ensure the
http: / /maps.ci.southlake.tx.us accuracy of this data, however, no guarantee is given or
03125/03 implied as to the accuracy of said data. i I
RECD MAR 0 1 2004
Case No.
ZA04 -014
- Z NA q -01A
Attachment C
Page 1
City of Southlake
Page 1 of 1
RECD MAR 0 ? 7nnA
Case No. Attachment C
ZA04 -014 Page 2
DISCLAIMER N
{ City of Southlake
667 North Carroll Avenue
This data has been compiled for the City of Southlake.
City of Various
Southlake, Texas 76092
ii;
official and unofficial sources were used to gather
Southlake this information. Every effort was made to ensure the
i I
http: / /maps.cisouthlake.tx.us
accuracy of this data, however, no guarantee is given or
03/25103
implied as to the accuracy of said data.
RECD MAR 0 ? 7nnA
Case No. Attachment C
ZA04 -014 Page 2
04. a.Ea[sno. r
a-
- - a
M
Case No. Attachment C
ZA04 -014 Page 3
F
Case No.
ZA04 -014
Attachment C
Page 4
RENTAL AGREEMENT
Jeff and Becky Day dba as Happy Days Tropical Sno agrees to lease from
Donnie Ward of ATA Construction the vacant lot located at the west end of
2199 Dove Rd. Southlake, Texas 76092 for the purpose of operating a sno
cone stand. This agreement will include bathroom priviledge inside the
construcion company for our employees. The lease will begin April 1, 2004
and extend for 3 months ( or longer if city permits ) not to exceed September
30,2004.
We agree on the payment of $185.00 per month paid at the first of each
month. First and last month rent paid up front in the amount of $370.00
Jeff Day Becky ay Donnie Ward
Pd Ck #
AOLA -wry
RECD MAR 0 1 -004
Case No. Attachment C
ZA04 -014 Page 5
Surrounding Property Owners
Snow Cone Stand — Jeff Day
Pkt�"
N
01?
im
Owner
Zoning
Land Use
1. Long, Pamela D
SF-IA
Retail Commercial
2. Long, Pamela D
SF-IA
Retail Commercial &
Low Density Residential
3. Decaro, Thomas C & Janet B
SF -lA
Low Density Residential
4. McPherson, Rickey & Margie
S -P -2
Retail Commercial
5. McPherson, Rickey & Margie
C -1
Retail Commercial
6. 21 St Century Leasing & Mgmt
SF-IA
Retail Commercial &
Low Density Residential
7. Ward, Donnie W & Leigh
C -1
Retail Commercial
Case No.
ZA04 -014
0.999
3.131
7.434
3.227
0.638
2.832
1.218
Attachment D
Page 1
Surrounding Property Owner Responses
Snow Cone Stand — Jeff Day
Notices Sent: Seven (7)
Responses: None
Case No.
ZA04 -014
Attachment E
Page 1
RESOLUTION NO. 04 -024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR
OUTDOOR SALES OR SERVICES FOR A SNO -CONE STAND ON
PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS,
LOCATED AT 2199 EAST DOVE ROAD, 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 sno -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 Section 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 fund 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 sno -cone stand on the
property located at 2199 East Dove Road, 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,
Case No. Attachment F
ZA04 -014 Page 1
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 , 2004.
CITY OF SOUTHLAKE
IM
Andy Wambsganss, Mayor
ATTEST:
Lori Farwell
City Secretary
Case No.
ZA04 -014
Attachment F
Page 2
EXHIBIT "A"
Being property located at 2199 East Dove Road, being legally described as Tract 2J, situated in the F. Throop
Survey, Abstract No. 1511.
Case No.
ZA04 -014
Attachment F
Page 3
EXHIBIT `B"
Case RECD MAR 0 1 200 Z PXjNq —r-) \LA ment F
ZA04 -014 Page 4
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Case No.
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Attachment F
Page 5
EXHIBIT "C"
This page reserved for the approved City Council motion.
Case No.
ZA04 -014
Attachment F
Page 6