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PZ Item 11Case No. ZA20-0032 S T A F F R E P O R T May 29, 2020 CASE NO: ZA20-0032 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 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. 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 Presentation Narrative Site Plan STAFF CONTACT: Dennis Killough (817) 748-8072 Lorrie Fletcher (817) 748-8069 Case No. Attachment A ZA20-0032 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. - In February 2018, City Council approved a specific use permit for Drunken Cow for a period of one (1) year under ZA18-003. - In May 2019, City Council approved a specific use permit for Tropical Sno at this location for a 5-year period under ZA19-0019. 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. 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 Case No. Attachment A ZA20-0032 Page 2 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 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. Case No. Attachment A ZA20-0032 Page 3 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 B ZA20-0032 Page 1 Case No. Attachment C ZA20-0032 Page 1 Surrounding Property Owners & Responses SPO # Owner Zoning Address Acreage Response 1. DOVE COMMERCIAL PROPERTIES LLC C1 2190 E DOVE RD 0.55 NR 2. CATE, MABEL EST SF1-A 2050 E DOVE RD 2.16 NR 3. CONROY, MICHAEL SF30 1780 N KIMBALL AVE 1.03 NR 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 C1 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: One response received in favor (see attached) Case No. Attachment C ZA20-0032 Page 2 Case No. Attachment D ZA20-0032 Page 1 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 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 Case No. Attachment D ZA20-0032 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 _____ DAY OF _________ 2020. CITY OF SOUTHLAKE By: _____________________________ Laura Hill, Mayor ATTEST: _________________________________ Amy Shelly, TRMC City Secretary Case No. Attachment D ZA20-0032 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. Case No. Attachment D ZA20-0032 Page 4 EXHIBIT B