Item 6CCase No.
ZA18-003
S T A F F R E P O R T
February 13, 2018
CASE NO: ZA18-003
PROJECT: Specific Use Permit for Drunken Cow EXECUTIVE
SUMMARY: Drunken Cow LLC, Billy Avila is requesting approval of a Specific Use Permit
Outdoor Sales or Services for the Drunken Cow on property described as Tract
1E01, Francis Throop Survey, Abstract No. 1511 and Lot 1, Block 1, Yates
Corner Addition, an Addition to the City of Southlake, Tarrant County, Texas,
located at 2180 and 2190 E. Dove Road, and 1604 N. Kimball Avenue,
Southlake, Texas. Current Zoning: “C1” Neighborhood Commercial District and
“S-P-2” Generalized Site Plan District. SPIN Neighborhood #4.
DETAILS: The subject property is located on the northwest corner of E. Dove Road and N.
Kimball Avenue.
The purpose of this item is obtain approval for a temporary mobile food vending
vehicle (Drunken Cow) to be placed on the Yates Corner grocery property and
a portion of the adjoining McPherson’s Storage property. The request is for a
one-year approval period.
The applicant is requesting to place the temporary mobile food vending vehicle
on the subject property a maximum of 5 days per week. Hours of operation
proposed to be between 7 AM and 9 PM. The submitted site plan proposes two
options for the location of the proposed vehicle. The site plan also identifies an
additional overflow parking area within the adjacent property should it become
necessary. In addition, temporary banner signage, to be placed only during
operating hours, is proposed.
The Planning and Zoning Commission recommended approval of the item at their February 8, 2018
meeting with the following conditions:
P&Z Conditions Applicant’s Response
The trailer to be parked with the service area away from
the main highway.
The applicant has provided an updated exhibit showing
the trailer location for Option 1 will have the service
area facing away from N. Kimball Avenue.
No banner sign as proposed. The applicant is requesting City Council consider
approving the banner sign as proposed.
Department of Planning & Development Services
Case No.
ZA18-003
Present City Council with a plan for a porta-potty or at
least an emergency restroom facility for patrons if they
needed it.
The applicant stated that although Tarrant County
Health Dept. does not require them to provide public
restrooms to their customers, they are considering
options and are open to discussion with City Council. An
agreement is in place with Yates that will allow the
employees to use the existing “non-public” restroom
inside the store.
Provide designated parking signage to direct traffic to
least congested areas during hours of operation.
The applicant is looking at traffic control options.
Possibly using orange “no parking” cones in areas during
hours of operation.
ACTION NEEDED: 1) Conduct a Public Hearing
2) Consider Approval of Specific Use Permit Request
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Surrounding Property Owners Map & Responses
(D) Resolution No. 18-005
Link to PowerPoint Presentation
Link to Narrative
Link to Plans and Supporting Documents
STAFF CONTACT: Dennis Killough (817) 748-8072
Lorrie Fletcher (817) 748-8069
Case No. Attachment A
ZA18-003 Page 1
BACKGROUND INFORMATION
PROPERTY OWNERS: Ron Brooks, Howard Harris, Margie McPherson
APPLICANT: Drunken Cow LLC, Billy Avila
PROPERTY SITUATION: 2180 and 2190 E. Dove Road, and 1604 N. Kimball Avenue, Southlake,
Texas
LEGAL DESCRIPTION: Tract 1E01, Francis Throop Survey, Abstract No. 1511 and Lot 1, Block
1, Yates Corner Addition, an Addition to the City of Southlake, Tarrant
County, Texas.
LAND USE CATEGORY: Retail Commercial
CURRENT ZONING: “C1” Neighborhood Commercial District and “S-P-2” Generalized Site
Plan District
HISTORY: - In January 1977, City Council approved a zoning change for Yates
Corner Store under ZA76-005.
- In May 1994, City Council approved a zoning change and concept
plan for Yates Corner Storage under ZA94-025 / Ord. 480-116.
- In March 1995, City Council approved a site plan for Yates Corner
Storage under ZA95-021.
PLANNING & ZONING
COMMISSION: February 8, 2018; Approved (4-0) subject to the Staff Report dated
February 2, 2018 and the following stipulations:
The trailer is to be parked with the service area away from the
main highway;
No banner sign as proposed;
Present City Council with a plan for a porta-potty or at least an
emergency restroom facility for patrons if they needed it; and,
Provide designated parking signage to direct traffic to least
congested areas during hours of operation.
STAFF COMMENTS: The Planning & Zoning Commission and City Council shall consider the
following in determining whether to grant a Specific Use Permit for
Outdoor Sales or Services according to the Comprehensive Zoning
Ordinance No. 480, Section 45.12, as amended:
1. Approval of a specific use permit for outdoor sales or services
shall be based upon an analysis of the location, the site layout
and design features, the assurance that the adjoining streets can
handle higher volumes of traffic during peak hours of traffic
loading without a requirement to divert traffic onto traditional
residential streets and the compatibility of the proposed use with
adjacent land uses.
Case No. Attachment A
ZA18-003 Page 2
2. A fixed time period (specific dates) for the outdoor sale or service
activity to commence shall be established in the specific use
permit. The permit for the sale or service activity shall be
established and unless otherwise stated in the permit, shall be
valid one year from the date of approval by the City Council.
3. Regulations for any structure used to conduct the outdoor sale or
services activity including but not limited to, size, color, location
of equipment, lighting and signage shall be established in the
specific use permit.
4. The location of outdoor sale or service activity shall not reduce
the parking requirements or effectiveness of landscaped or
buffer areas and the areas for the display of merchandise shall
not adversely impact the ability of pedestrians or vehicles to
move about the lot.
5. The site must provide adequate ingress and egress.
6. Provisions for waste collection, recycling and/or disposal may be
established in the specific use permit.
7. Each sidewalk or pedestrian way on the approved site plan shall
be a minimum of forty-four inches (44”) in width. Additional width
may be required and pedestrian ways shall be subject to the
Americans with Disability Act Accessibility Guidelines for Building
and Facilities.
45.5 FACTORS TO BE CONSIDERED - In granting or denying an
application for a specific use permit, the City Council shall take into
consideration the following factors:
a. Safety of the motoring public and of pedestrians using the
facility and the area immediately surrounding the site.
b. Safety from fire hazard, and measures for fire control.
c. Protection of adjacent property from flood or water damage.
d. Noise producing elements; and glare of vehicular and
stationary lights and effect of such lights on established
character of the neighborhood.
e. Location, lighting and type of signs; and relation of signs to
traffic control and adverse effect on adjacent properties.
f. Street size and adequacy of pavement width for traffic and
reasonably expected to be generated by the proposed use
around the site and in the immediate neighborhood.
g. Adequacy of parking, as determined by requirements of this
chapter for off-street parking facilities for similar uses; location
of ingress and egress points for parking and off-street loading
spaces; and protection of the public health by all weather
surfacing on all parking areas to control dust.
h. Such other measures as will secure and protect the public
health, safety, morals and general welfare.
i. City Council may grant variances to specific regulations
associated with a specific use set forth in Sections 45. To
receive a variance, the applicant must demonstrate one of the
following (As amended by Ordinance No. 480-MMMM):
a. A variance will reduce the impact of the project on
surrounding residential properties; or
Case No. Attachment A
ZA18-003 Page 3
b. Compliance with this ordinance would impair the
architectural design or creativity of the project; or
c. A variance is necessary to assure compatibility with
surrounding developed properties; or
d. The proposed construction is an addition to an existing
project that does not meet the requirements of this
ordinance.
The Mobile Unit is subject to all applicable Tarrant County Health
Department regulations. The regulation specific to restroom facilities is
as follows:
K. A covered trash container must be provided for use by the public
and public restrooms must be easily accessible to employees.
If the temporary banner signage is approved, it must be placed outside
of the right of way and sight triangle.
Due to the limited scope of the application, no formal staff review
summary was generated.
Case No. Attachment B
ZA18-003 Page 1
Case No. Attachment C
ZA18-003 Page 1
Surrounding Property Owners & Responses
SPO # Owner Zoning Address Acreage Response
1. LONG, PAMELA D SF1-A 2117 E DOVE RD 2.99 NR
2. WARD, DONNIE W C1 2199 E DOVE RD 0.93 NR
3. WAGNER, PAUL C1 1620 N KIMBALL AVE 0.68 O
4. LONG, PAMELA D SF1-A 2150 E DOVE RD 1.04 NR
5. DOVE COMMERCIAL PROP LLC C1 2190 E DOVE RD 0.55 NR
6. CATE, MABEL EST SF1-A 2050 E DOVE RD 2.16 NR
7. PRINZ, MARTIN W SF30 1780 N KIMBALL AVE 1.03 O
8. CHEATHAM PARTNERS RPUD 1713 TORIAN LN 0.54 NR
9. JMJ TORIAN PROPERTIES LLC RPUD 1712 TORIAN LN 0.71 NR
10. COLLIER, JAMES D SF1-A 2100 E DOVE RD 1.43 NR
11. MCPHERSON, RICKEY SP2 1604 N KIMBALL AVE 2.97 NR
12. CHEATHAM PARTNERS RPUD 1709 0.54 NR
13. DECARO, THOMAS SF1-A 2080 E DOVE RD 7.57 U
14. RANDOLPH, KAREN AG 2034 E DOVE RD 1.26 NR
15. Carroll ISD NR
16. Grapevine Colleyville ISD NR
17. Northwest ISD NR
18. Keller ISD NR
19. City of Grapevine NR
Responses - F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Nineteen (19)
Case No. Attachment C
ZA18-003 Page 2
Responses Received: Two (2) – opposed and One (1) – undecided (see attached)
One (1) response was received from outside the 200’ notification area (see attached)
Case No. Attachment C
ZA18-003 Page 3
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ZA18-003 Page 5
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ZA18-003 Page 6
Case No. Attachment C
ZA18-003 Page 7
Sent: Friday, February 09, 2018 1:02 AM
To: Mayor Council
Subject: The Drunken Cow BBQ Trailer food truck
Dear Mayor Hill and City Council,
This evening P&Z passed 4-0 a special use permit for outdoor sales and services, ZA18-003, for a BBQ food
truck, The Drunken Cow, to be located at Yates Corner at Kimball and Dove Rd. in Southlake. The permit was
for one year, for 7AM until 9PM, 5 days a week.
There is a picnic table to serve customers on. There are no restroom facilities for the public. Perhaps the food
service workers will use the Yates Corner Store restroom. I believe the truck burns wood to cook the meat in
the trailer. The fill lids for the underground gasoline storage tanks for the gas pumps are in close vicinity so the
gasoline tanker filling the underground tanks is near the vicinity of an open flame. There is a white propane tank
above ground behind the store. This BBQ food truck was in place for 2 days in November before being shut
down for lack of a permit.
This BBQ trailer possibly is a home built trailer with unknown hot water, sink and soap and bathroom facilities
inside.
So, this BBQ Food Truck appears to be a restaurant that is sneaking around multiple codes to function.
Case No. Attachment C
ZA18-003 Page 8
Problems that appear include food sanitation , lack of bathroom for workers and the public, possible Port -a-
Pottie outside, BBQ sauce and food spilled onto the ground for a whole year attracting rats, trash from paper
plates, cups and napkins blowing thru the neighborhood .
Other serious questions are the open fire and gasoline fumes,and the propane tank location.
Another very important question is will this Food Truck sit in the same place for a whole year with glowing
coals in the smoke box every night? Food trucks move away, restaurants do not!
Yates Corner grocery is an anachronism from 1960 and attaching the Drunken Cow BBQ trailer for a whole
year makes a bigger eyesore as well as a safety hazard to the neighborhood.
Please consider well if the Drunken Cow BBQ Trailer will be an asset to our neighborhood and the city of
Southlake. Is this an appropriate use of a special use permit for outside sales and services?
Very Respectfully,
Carol Dowd
Resolution No. 18-005 Page 1
RESOLUTION NO. 18-005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT TO
ALLOW OUTDOOR SALES OR SERVICES FOR THE DRUNKEN COW
(TEMPORARY MOBILE FOOD VENDING VEHICLE) LOCATED ON
PROPERTY DESCRIBED AS TRACT 1E01, FRANCIS THROOP
SURVEY, ABSTRACT NO. 1511 AND LOT 1, BLOCK 1, YATES
CORNER ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS, LOCATED AT 2180 AND 2190 E. DOVE
ROAD, AND 1604 N. KIMBALL AVENUE, SOUTHLAKE, TEXAS, MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A”, AND AS
DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT “B” AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, a Specific Use Permit to allow 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 "S-P-2" Generalized Site Plan 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 2180 and 2190 E. Dove Road, and 1604 N. Kimball Avenue, location being
described as Tract 1E01, Francis Throop Survey, Abstract No. 1511 and Lot 1, Block 1, Yates Corner
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 Site 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
Resolution No. 18-005 Page 2
requirements and conditions shall be applicable to the granting of this Specific Use Permit:
SECTION 2.
This resolution shall become effective on the date of approval by the City Council.
PASSED AND APPROVED THIS 20th DAY OF FEBRUARY, 2018.
CITY OF SOUTHLAKE
By: _____________________________
Laura Hill, Mayor
ATTEST:
_________________________________
Carol Borges, TRMC
City Secretary
Resolution No. 18-005 Page 3
EXHIBIT A
Property described as Tract 1E01, Francis Throop Survey, Abstract No. 1511 and Lot 1, Block 1, Yates
Corner Addition, an Addition to the City of Southlake, Tarrant County, Texas, located at 2180 and 2190
E. Dove Road, and 1604 N. Kimball Avenue, Southlake, Texas.
Resolution No. 18-005 Page 4
EXHIBIT B
Reserved for approved site plan exhibits