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Item 6FCASE NO: ZA20-0032 STAFF REPORT June 9, 2020 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: "Cl" 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 three-year approval period. The Drunken Cow received City Council approval of a specific use permit in 2018 and successfully operated at this location for one year. The applicant has returned with a request to place the mobile food vending vehicle on the property a maximum 7 days per week: operating between 7 a.m. and 9 p.m. A business scope narrative and updated site plan have been provided. Two (2) temporary sandwich board signs to be placed during operating hours are also proposed. On June 4, 2020, the Planning & Zoning Commission unanimously approved this item subject to the staff report and as presented with the following conditions: • operating from 7 am to 8 pm, 7 days a week, • if shut down for 30 days, the vehicle will be removed, • will operate only under the Drunken Cow name, • and, approving the specific use permit for a period of three (3) years. ACTION NEEDED: 1. Conduct a Public Hearing 2. Consider Approval of a Specific Use Permit ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Surrounding Property Owners Map & Responses (D) Resolution No. 20-024 Case No. ZA20-0032 Link to Presentation Link to Narrative Link to Site Plan STAFF CONTACT: Dennis Killough (817) 748-8072 Lorrie Fletcher (817) 748-8069 Case No. ZA20-0032 PROPERTY OWNERS: Ron Brooks, Howard Harris, Margie McPherson APPLICANT: Drunken Cow LLC, Billy Avila PROPERTY SITUATION: 2180 and 2190 E. Dove Road. and 1804 N. Kimball Avsnue, 8outh|oke, Texas LEGAL DESCRIPTION: Tract 1EU1.Francis ThroopSurvey, Abstract No. 1511 and Lot 1.Block 1. Yates Corner Addition, on Addition to the City ufSou[h|oke. Tarrant County, Texas. LAND USE CATEGORY: Retail Cornrnenja| CURRENT ZONING: "Cl" Neighborhood Commercial District and ^@-P-2^ Generalized Site Plan District HISTORY - In January 1977' City Council approved a zoning change for Yates Corner Store under ZA78-O05. - In May 1994' City Council approved a zoning change and concept plan for Yates Corner Storage under ZAW4-O25/Ord. 480-116. - In March 1995' City Council approved a site plan for Yates Corner Storage under ZA85-O21. - In February 2018, City Council approved a specific use permit for Drunken Cow for 8period 0fone /1>year under ZA18-003. - In May 2019' City COUDCi| approved 8 specific use permit for Tropical SOO8tthis location for 85-ye8rperiod under ZA19-O01S. COMKNKSSVOPJ: June 4, 2020; Approved (8-0) subject tothe Staff Report dated May 29, 202Oand @Spresented with the following conditions: , operating from 78nnt08pm, 7days 8week, ° ifshut down for 30days, the vehicle will b8removed, , will operate only under the Drunken Cow name, ° and, approving the specific use permit for 8 period of three (3) years. STAFF COMMENTS: The Planning & Zoning Commission and City Council shall consider the fOUOVVOg in determining whether to grant 8 Specific Use Permit for Outdoor Sales or Services according to the Comprehensive Zoning Ordinance No. 48O.Section 45.12.3Samended: 1. Approval of specific use permit for outdoor sales orservices Sh3U be based upon 8nanalysis Ufthe location, the site layout and design features, the assurance that the adjoining streets can handle higher VO|UnOeS Of t[@M0C during p8@h hOU[S Of tn8MiC Cage No. Aftachmmemt A loading without a requirement to divert traffic onto traditional residential streets and the compatibility of the proposed use with adjacent land uses. 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): Case No. Attachment A ZA20-0032 Page 2 a. A variance will reduce the impact of the project on surrounding residential properties; or 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. Due to the limited scope of the application, no formal staff review summary was generated. Case No. Attachment A ZA20-0032 Page 3 ZA20-0032 Specific Use Permit 0 405 810 1,620 i Feet Case No. Attachment B ZA20-0032 Page 1 U) LLI LLJ 2010 LL] >< Lh i 2 "Al ZA20-0032 Specific Use Permit 0 405 810 1,620 i Feet Case No. Attachment B ZA20-0032 Page 1 Surrounding Property Owners & Responses 0:" C►rrr. , , Zoning . Atts Acreage. Respsnse ,, DOVE COMMERCIAL 1 Cl 2190 E DOVE RD 0.55 NR PROPERTIES LLC 2. CATE, MABEL EST SF1-A 2050 E DOVE RD 2.16 NR 3.,' CONROY, !MICHAEL SF30 1780; N WSAI:L AVE 1.01 " V 4. MOODY, TRENTON RPUD 1713 TORIAN LN 0.54 NR 5. REHNQUIST, TODD RPUD 1712 TORIAN LN 0.71 NR 6. WESTLAKE, ELIZABETH SF1-A 2100 E DOVE RD 1.43 NR 7. MCPHERSON, RICKEY SP2 1604 N KIMBALL AVE 2.97 NR 8. HERCHMAN, PAUL RPUD 1709 TORIAN LN 0.54 NR 9. WAGNER, PAUL Cl 1620 N KIMBALL AVE 0.59 NR 10. OSMAN, FARHAT SF1-A 2117 E DOVE RD 2.92 NR 11. DECARO, THOMAS SF1-A 2080 E DOVE RD 7.57 F 12. OSMAN, FARHAT SF1-A 2150 E DOVE RD 1.00 NR 13. WARD, DONNIE W SP1 2199 E DOVE RD 0.83 NR Responses - F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Thirteen (13) Responses Received within the notice area: Two (2) - Attached Responses Received from City of Grapevine Courtesy Notice: Three (3) - Attached Case No. Attachment C ZA20-0032 Page 1 N"fication Response ForIg 14id-0032 una DaW junt 4. 2020 M 6.30 PM DEGARO, THOMAS 2050 E DOVE RD SOUTHLAKE, TX 76092 Being the owner(s) of the property so noted above, are hereby in favor of opposedto undecided about (circle or underline one) the proposed Specific Use Permit referenced above, T otb D t T? gli U (I'A4,41 VAI I ""I ' Si ure', ,gnat Date" Date Additional Signature: Printed Name(s)- PoluM to properly ownef (,$) whosp name(s) are pnmed at I ce contact the FllanniN Delparbvvot Ono form pe's propewty Phone Number (opbonal)- Case No. Attachment C ZA20-0032 Page 2 Notification Date,r, �..M.uuuuu uu Addi ` anal Si na ` pp pp E AS '9a� s k KA..*8W ;: aa"u�gist f'w'Ni�ao " m,<+"�'"`� �a ew? 'v +.. OMP"w", g;�€,wl, gfi ", M sF,*,% ��w�-,mrsa'��.nre�� .��W,u np4t ��d� anl�g Phorte ung r to f ). f Case No. Attachment C ZA20-0032 Page 3 Unoomn4rd Ab" � tp t0, the r :nkro � hilt t do have .epwding pfopo rfi pmuf to providing rily firs f ttd r: :irf ttA t°° rtf tt tit , p(OfUcAers Cow for Mard ren"&*I F-Arkedi al INS 4064609% Of rMius"I it tw, F#vrvaotf), t4 O#f krr Cow i s operabom4ow quicktfmrfsz, tra,41or tw r trtttttft r t .per'ftr t r,ttrc tour Drunken C _'orf may another twfr'r naso">>r , VIM Of'onken cow, trzovrf + my petsit ve t'rf t"trtrrfr4t ert SOW apera' mff ry m A f on't toil T'he prfrn& for operat"kim t° Rett per k, AA)t t .t t f rt fr » rrwrt t t rfrftt ttf t DrisAmm, open M.16 Coo wwIsve rt t Wit, : tf r trr r In xvi pkaf ;�t tf«atw t all , of WiM TwO be ttt ate i teff ft -tonal parklRg, t ff rtr to rf't ,#mrtftjj 9 Ili* Ow qualOy Ori 4ppowistwe co t rmtr*Cow trtt trtf rr irtf , are, tore futum appearance re we, ftt ttr Dttrn Cow tt`w °t twi . part r tt tP ' rr tri , fore'larnelf uvrorageof m0k r , Ut Ir*fdt(jrOiSe r tt s trt of tas f rfil fres? trr rant r = will ttftt tmttt (twr in Suprap t f t yr IMO ra ff; rrr it 4t this, *[two McPhvrorn Storage to boKrom, e a f t ll ttt*r lw" rrf se,*iond wrens ImcnOfty, t do Prat krvw wtim tt watts be, fjt � wit hasitant to have 004w'ofw.r.ottot'is ter the i'torage fWAhl ; here a wfvokvrwr put gvxifft"41'N€€ tot tr (U44114on cqw) W1101 w)(oprWr f fmW'd I re's t * frr, , ' autput ot'ttr tem' kmra Caw. 'It haft rftwerl ew'"**Ove AAF Aniswr, to=wt r am far rr* that it mav t agrf r `tf wtlhno rt trulwar to OfunievCowtft.ft tt =,ra ttrr ^t'� tt 'tiro tv'Mil ttr pj t.. coat term tttf Case No. ZA20-0032 reit have t tOtd , rfft, � . . OV)Or r fft Attachment C Page 4 AddibonWl Signatuite, N G m nled 'Mov I i wg** 4 Q er moord gg olu N L z- pp, vpA r y y �y $ T Case No. Attachment C ZA20-0032 Page 5 Keir the owner(s)of the prDperty so noted , are, hereby in. favor opposed to u nl about (drde or underline ones the proposed Specillic Use Permit rtra above Spaoe for comments, regardingo it on; p"M � '° '.°�° s �,$ kj Lam. "m' 71' ", , �' °� Signature: R Additional t ate Printe-d Name(s): W a I be pro 9o- art WirAndal Kup ;Ol ,�r1raFw, Me plann""gV*V"SMS w Orc r e i ®, Rmv Phone Number (optional) - Case i l - Case No. Attachment C ZA20-0032 Page 6 Wtifie"On R"�0001$0 Fohn PLEASE PROVIDE C° LET FORMS VIA, MAIL,, FAX OR, HAND DELIVERY BEFORE THE START OFTHE SCHEDULED PUBLIC HEARING. E3eilngthe own er(s) of the pfoperty so noled above, are hereby in favor of' opposed to anddod about (urcle or underline one) th-e proposed Specific Use PermA referenced above - Space for comments regarding yourposifian: Signature . . ....... Additional c - we Do WfaAnw8 � L rApamm On ,,-) whose rjgrAi�g) W9 rtjnt,�d qj top, ahLrwise tv6kw�j Wie, P4,;nning mTl r, f ;tf Phone Number (optional), Case No. Attachment C ZA20-0032 Page 7 RESOLUTION NO. 20-024 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 PROPERTYI 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. ITi== iN**s]RV/4- 'iia �� 'L��I�P►[dl��l-g im 0 3 'L�79 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 Case No. Attachment D ZA20-0032 Page 1 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 DAY OF 2020. CITY OF SOUTHLAKE By: Laura Hill, Mayor ATTEST: Amy Shelly, TRMC City Secretary Case No. Attachment D ZA20-0032 Page 2 1=//:11-.111 Property described as Tract 1 E01, 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. Case No. Attachment D ZA20-0032 Page 3 1=/ /:I1'3ki'3 Case No. ZA20-0032 Attachment D Page 4