Item 6CCITY 01,
SOUTHLAKE
STAFF REPORT
June 12, 2013
CASE NO: ZA13-006
PROJECT: Specific Use Permit for Tropical Sno
EXECUTIVE
SUMMARY: Jeff Day is requesting approval of a specific use permit for outdoor sales and
service for a snow -cone stand on property located at 2199 E. Dove Road. The
current zoning is C-1 — Neighborhood Commercial District. SPIN Neighborhood #
4.
REQUEST: Jeff Day is requesting approval to renew the previously approved specific use
permit for outdoor sales and service for a snow -cone stand on property located at
2199 E. Dove Road. The applicant is proposing to operate the stand during the
months of March through September. In addition, the applicant is requesting that
the specific use permit be valid for a period of three (3) years. This location has
had a snow -cone stand in operation since 2004.
ACTION NEEDED: 1. Conduct public hearing
2. Consider specific use permit request approval
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information — Link to PowerPoint Presentation
(D) Surrounding Property Owners Map & Responses
(E) Resolution No. 13-026
STAFF CONTACT: Dennis Killough (817)748-8072
Lorrie Fletcher(817)748-8069
Case No.
ZA13-006
BACKGROUND INFORMATION
OWNER: Donnie Ward
APPLICANT: Jeff Day
PROPERTY SITUATION: 2199 E. Dove Road
LEGAL DESCRIPTION: Lot 34, F. Throop No. 1511 Addition
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.
-A Specific Use Permit was approved by City Council to allow a
snow -cone stand on April 20, 2004.
-A Specific Use Permit was approved by City Council to allow a
snow -cone stand for a period of two years on March 15, 2005.
-A Specific Use Permit was approved by City Council to allow a
snow -cone stand for a period of three years on March 6, 2007.
-A Specific Use Permit was approved by City Council to allow a
snow -cone stand for a period of three years on February 2, 2010.
-The building that previously existed on this property received a
Certificate of Occupancy in 1985. A demolition permit was issued
January 26, 2012.
P&Z ACTION: June 6, 2013; Approved (6-0) for a three-year period, subject to the
site meeting all building, health and accessibility codes and noting
the Staff Report dated May 30, 2013.
STAFF COMMENTS: Due to the limited scope of this request, no formal review letter was
generated. Approval is subject to any applicable building, health
and/or accessibility codes. Site exhibits showing the location of the
stand, canopy and photos of the actual structures and signage have
been provided as Attachment "C".
Case No. Attachment A
ZA13-006 Page 1
Vicinity Map
2199 E. Dove Rd.
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ZA13-006
114 Specific Use Permit
Tropical Sno
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Case No.
ZA13-006
Attachment B
Page 1
Site Plan
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Case No. Attachment C
ZA1 3-006 Page 1
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Case No. Attachment C
ZA13-006 Page 2
Surrounding Property Owners
2199 E. Dove Road
2
3
1
10
8
11
9
4
5
6 7
SPO #
Owner
Zoning
Land Use
Acreage
Response
1.
Decaro, Thomas C Etux Susan E
SF1-A
Retail Commercial Low
7.57
NR
Density Residential
2.
McPherson, Rickey Etux Margie
SP2
Retail Commercial, Medium
3.27
NR
Density Residential
3.
McPherson, Rickey Etux Margie
C1
Retail Commercial
0.64
NR
Retail Commercial Low
4.
Long, Pamela D
SF1-A
Density Residential
2.99
NR
Retail Commercial Low
5.
Wagner, Paul Etux Diana
SF1-A
Density Residential
0.98
NR
6.
Wagner, Paul Etux Diana
SF1-A
Retail Commercial Low
0.55
NR
Density Residential
7.
Wagner, Paul Etux Diana
SF1-A
Retail Commercial Low
0.56
NR
Density Residential
8.
Ward, Donnie W Etux Leigh
C1
Retail Commercial
1.12
NR
9.
Wagner, Paul
C1
Retail Commercial
0.68
NR
10.
Long, Pamela D
SF1-A
Retail Commercial Low
1.04
NR
Density Residential
11.
City of Grapevine
-
Responses: F: In Favor O: Opposed To U: Undecided
Notices Sent: Ten (10)
Responses Received: None (0)
NR: No Response
Case No. Attachment D
ZA13-006 Page 1
RESOLUTION NO. 13-026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR
OUTDOOR SALES OR SERVICES ON PROPERTY DESCRIBED AS
LOT 34, F. THROOP NO. 1511 ADDITION, CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS; AND LOCATED AT 2199 EAST DOVE
ROAD, SOUTHLAKE, TEXAS, MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED
PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS
EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, a Specific Use Permit for outdoor sales or services 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 45.12 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 to allow outdoor sales or services, on property within the City Of
Southlake, Texas, located at 2199 East Dove Road, location being described as Lot 34, F. Throop No.
1511 Addition, an addition to the City of Southlake, Tarrant County, Texas, more fully and completely
described in Exhibit "A", and as depicted on the approved 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:
Case No. Attachment E
ZA13-006 Page 1
SECTION 2.
This resolution shall become effective on the date of approval by the City Council.
PASSED AND APPROVED THIS DAY OF JUNE, 2013.
CITY OF SOUTHLAKE
M
ATTEST:
Alicia Richardson, TRMC
City Secretary
John Terrell, Mayor
Case No. Attachment E
ZA13-006 Page 2
EXHIBIT A
Property located at located at 2199 East Dove Road, location being described as Lot 34, F. Throop No.
1511 Addition, an addition to the City of Southlake, Tarrant County, Texas
Case No. Attachment E
ZA13-006 Page 3
EXHIBIT B
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Case No. Attachment E
ZAl 3-006 Page 4
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Case No. Attachment E
ZA1 3-006 Page 5