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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 s Case No. ZA04 -014 AEI, w�iira�snu:. "� focalstio r Attachment F Page 5 EXHIBIT "C" This page reserved for the approved City Council motion. Case No. ZA04 -014 Attachment F Page 6