Item 7DCity of Southlake
Department of Planning
STAFF REPORT
April 14, 2004
CASE NO
ZA04 -015
PROJECT: Snow Cone Vendor (Becky Davl
REQUEST: Becky 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 -025
STAFF CONTACT: Dennis Killough (481 -2073)
Bruce Payne (481 -2036)
Case No.
ZA04 -015
BACKGROUND INFORMATION
OWNER: Shunail Corporation — property owner
APPLICANT: Becky 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: 2232 West Southlake Boulevard, Southlake, Texas
LEGAL DESCRIPTION: Lot 4R3, 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.
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. Also, subject to an agreement for access and parking being executed
with the adjoining land owner to the west, Mr. James Martin.
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 ".
No information has been received regarding the agreement between Mr. Day
and Mr. Martin.
M \Coimnunity Development \WP - FILES \MEMO \2004cases \04 -015 SUP. doc
Case No.
ZA04 -015
Attachment A
Page 1
Vicinity Map
Snow Cone Stand -Becky Day
W
Case No.
ZA04 -015
Attachment B
Page 1
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Case No. Attachment C
ZA04-015 Page I
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Case No. Attachment C
ZA04 -015 Page 3
Case No.
ZA04 -015
Attachment C
Page 4
RENTAL AGREEMENT
Jeff and Becky Day dba as Happy Days Tropical Sno agree to lease from
Shaun Giwani with Shunal Corporation, Inc the vacant lot located at the west
end of the shopping center located at 2232 W. Southlake Blvd., Southlake,
Texas 76092 for the purpose of operating a sno cone stand. This agreement
will include bathroom priviledge inside the Fina store for our employees. The
lease will begin May 1, 2004 and extend for 3 months (or longer if city
permits) not to exceed September 30,2004.
We agree on the payment of $375.00 per month paid at the first of each
month. First and last month rent paid up front in the amoun of
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Case No.
ZA04 -015
Attachment C
Page 5
Surrounding Property Owners
Snow Cone Stand — Becky Day
Owner
Zoning
Land Use
Acreag
1. Southlake Crossing Am Clinic
C -3
Retail Commercial
0.531
2. Martin, James H
C -3
Retail Commercial
3.206
3. Brown, David L
SF1 -A
Retail Commercial
3.247
4. M & H Food Mart
C -2
Retail Commercial
1.531
5. Albertson's Inc.
C -3
Retail Commercial
5.762
6. Metroplex Multifoods Inc.
C -S
Retail Commercial
0.964
7. Stanley Crossing, Lp
C -2
Retail Commercial
1.341
8. Wendys International Inc.
C -2
Retail Commercial
0.751
9. Shunail Corp Inc
C -3
Retail Commercial
1.082
Case No. Attachment D
ZA04 -015 Page 1
Surrounding Property Owner Responses
Snow Cone Stand — Becky Day
Notices Sent: Nine (9)
Responses: None
Case No.
ZA04 -015
Attachment E
Page 1
RESOLUTION NO. 04 -025
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 2232 WEST SOUTHLAKE BOULEVARD, BEING
LEGALLY DESCRIBED AS LOT 4R3, 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 sno -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 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 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 sno -cone stand on the
property located at 2232 West Southlake Boulevard, being legally described as Lot 4R3, 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
ZA04 -015 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 , 2004.
CITY OF SOUTHLAKE
I�
ATTEST:
Lori Farwell
City Secretary
Andy Wambsganss, Mayor
Case No. Attachment F
ZA04 -015 Page 2
EXHIBIT "A"
Being property located at 2232 West Southlake Boulevard, being legally described as Lot 4R3, 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.
ZA04 -015
Attachment F
Page 3
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Case No. Attachment F
ZA04-015 Page 5
EXHIBIT "C"
This page reserved for the approved City Council motion.
Case No.
ZA04 -015
Attachment F
Page 6