Item 6FSOUTHLAK.E
PLANNING &DEVELOPMENT
SERVICES
STAFF REPORT
June 9, 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
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. 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
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 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.
LAND USE CATEGORY: Retail Commercial
CURRENT ZONING: "Cl" 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.
PLANNING & ZONING
COMMISSION: June 4, 2020; Approved (6-0) subject to the Staff Report dated May 29,
2020 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.
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
Case No. Attachment A
ZA20-0032 Page 1
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
Vicinity Map
Drunken Cow
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Case No. Attachment B
ZA20-0032 Page 1
Surrounding Property Owners & Responses
2010
SPO #
Owner
Zoning
Address
Acreage
Response
1
DOVE COMMERCIAL
PROPERTIES LLC
Cl
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
U
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
Notices Sent: Thirteen (13)
U: Undecided NR: No Response
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
Notification Response Form
ZA2"032
Meeting Date: June 4, 2020 at 6-,30 PM
DECARb,THOMAS
2060 E HOVE RD
SOUTHE_AKE, TX. 76092
Direct questiorbs and mail responses to:
City of 5outhlake
Planning $ Development Services
Notification Response
14D0 Main St; Ste 310
Southlake, TX 76092
Phone. (817) 748-8621
Fax: (817) 7d8 77
Email. Ifletcheri.southlake.tx-m
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVER`
BEFORE THE START OF THE SCHEDULED PUBUC HEARING.
Being the owner(s) of the property so noted above, are hereby
-
in favor of opposed to undecided about
(circle or under€ine one)
the proposed Specific Use Permit referenced above
Space for comments regarding your position:
lJr ,+r~ixl C4� tn1 'OS ('r"CDV J ?U ( 0 �7-1d
00 VG-1 ,qq D �11L Ldf L CAL •17D 0 2.
Cold M 0 ! TY.
Signature; ._ _ �. Date:
Additional Signature: o `Q- �- Cate-
Printed Name(s)- _ BMW
Must be properly ownerlsl whDse names) are
Phone Number (optional):
US .1.
at Top. Otherwise cunkau the
Oro form w Pr rtY.
7D{ � GEC
Case No. Attachment C
ZA20-0032 Page 2
Notification Re5pon5e Form
ZA2D-OD32
Meviing t3aw Juno #, 21020 at 6-30 PM
CLOY. MICHAEL
1M N KAMBALL AVE
SOUFHLAKE. TX M92
Drract quaanon.w. jknd mdmlP r penses %a:
C►tY of 54DUrtiAke
P'iwm4ng & Dowoloprrkant Sor ic"
Iwlookation Rasponse
"" WAIn st sw 310
8001Idake, TX 76092
P1hom: (1"7) 748-8621
Fax: {iM 17} 748-QT7
Effmit- Iffe"Onr; cl -southisks,tx,us
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY
BEFORE THE START OF THE SCHEDULED PUBLI-C NEARING.
Being the owrierksI of the properly so npted ebeve. *fa he+eby
In favor of opposed to undeWed
(am* or underline one)
the Proposed Speolfkc Use Permit rufmi aced above
Space for corn me-nm regarding yorir positi-on:
A/e4.v e, , �N e
'�'A
Ignature
Addit*nal Signature
M.i r 64 fwwa rmrick M N 04W 4M Nr►kM * qp Clh
Phoro Number (opoonaly
Date; -1-7- V-
Dale..
hw4m PUP"
Case No.
ZA20-0032
Attachment C
Page 3
Conroy Wmehael
I IRON K"ball AW
5f 004 Teua$ 7W92
Lltnri eadad Ahcurt
I om hot uppo-5 d to the Druhifea Cow, WA IS* have quettibr #lrisrrpl-an regarding proposal prior La providing my final
prasitton_
I wxlerrtand permlt is $ r I veer if Drurriarn fuw rs ckned for more thin xx cunsae„tr.9 daO nW Irsiipr rernW par%"
Al I his lacaOm or rr w it Lw Femowd'
Lk Drtrrlien Cow omew q rati m frog quicW mug traiW tie rem(wedk
Iq permll speak io Women Cow or may anottrrr fururr nrd-rry, not L7 tirr hen Cow, utAm the Perini#7
From ^y per3prcti.'e trw Druf*en to* dP&4A1'5es At* M"t ulaw frorn m4y 1 [tx ► gerrnbrt 1.
Tht perrnd is for aperaliorn Y days per k. 7-65 da" of MFrnil ti,at DrLmkrrn tray brr
open i!dSumseiutrxr day%7
W4 parking be allowed ina va ppr l 10 KiftaklAVe or WSW? be is1lowed Indew@Nard adcMicnal parWng arpa r
My p rtrnoe is busincm hoom be 7 Sop jo g pm v* urAil 9 prn_
l Nke thv qu Wy ana ipp,a,warxr of the CiruAL-n Cow wreller, very nkrz, am there fuiurQ appoaranco rggwF@nwrtts of the
pru.tken Cow r,
Huw doors (hl94ppl1(41kw1jnuULe th&rujr cw imperl operations at Mcft?r orr SRorage, for example storap of tri4ilers*
bWLS, Meet hiilMiSe outside of erKko'ted bimild" spices? In crt#tinr "rdi, will this Allo+a McPherson Sico so stare
eq rnefrljrr r{t+}h�i# outifceof trur#diqp struourv7
L,AIr fonEvrn is voll thri allow McPherson 5#orap to became a Wall -Operdt6r, or OtAdopr SOWS and wrviLesfuichN I do
r14t kr*W What It waned be. but I s-rr heutan# to how pkibk, nors-renter sctem to the storage Facility.
is Meoe d %make output rrs )LWWM for It* nfiwviien Cjcrw-? 1h'O a tKied arT4uanft wurik" Wnd I recegrre tho- srrake
output of l#re L7rtrrkra Cow. N has riot been excessive oar an is wc, bu4 r am toner fned that h may bacarrr* rrxcjvulvo
wah no riot rursarri to nr unk#,q Cry but CQr 4eq%lekX ft tik +hrt
ls;iwill Drunken Cow sudjact to tQalth inspection&?
it ln, l *m rip Rind L7i d r�rpprt air eitt o�erslrans and proposal I just haae graastiorrs, i ulel{ramp fur r�sEwrrses
life Coro
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Case No. Attachment C
ZA20-0032 Page 4
Notification Resptmse Form
ZA20AC32
MWiro9 OMIT; Jw* a, 2020 at 6:30 PW
iw4 of Grapav"
P 0 Dart 06104
Grapewpe TX 75M 76ON
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14M iftin 3t SW 319
Soir"I m, Tel Tim
Ptoratr (217) 7484071
Fii= t#1717484MM
PLCAS L P ROVIDE COMPLETED FORMS VIA MAIL. FAX OR HAND OEIL[VERY
BEFORE THE START OF THE SCHEDULED PUBLIC HEAkINC.
Elewig the a owir(a� of the property so notee ahave, ary her"
in f9vor -of QMpoeed undeddim abaA
uncle or onowkne one)
Itm pF pecAc Use Permit revere .
SP&CO For comments *-99ardinj your position;
two tr f �>
ignaltuD&W i
Additional Signature We.
Printed Nwrw(s)
hi-eM M pEOPWIf WWVM4I +ate r*wrN + 911r1110 010p 0111IiM11rt aW1111101 20 ftW W -1 F WE -rr Od* bffl JW r
Phone Number (fit l)P,
fold, &X. L4,40�lw
4-
Case No.
ZA20-0032
Attachment C
Page 5
Notification Response Form
Meetirid Date: June A. 2020 iat 6;30 PM
City of Crapervi rws
P.O. Boy, 9S104
Grape%vir10 TX 76099 760-{9
Dimct qua ims and mail msponsas to.
Cibf Of Sau ffi lake
Planning & Dweiapment Services
Noliffieation Response
1400Main Si!Stu 310
So thlaka, TX 76092
Ph : ($i 7) 7413$621
Fax: (8 1 7) 748-:0077
Email. Ifictrher ci.!southlak$-tx-us
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY
BEFORE THE START OF TIDE ECFIE1)ULED PIJ9LEO HEARING.
Being rag the ownar(s) of the property so rioted above, are hereby
in favor of � opposed to u ni�ided about
(oira.6 or underline one)
the proposed specific Use Permit referenced above,
S pa c-e for cornments regarding your positi(>n:
�N' l -A .11 CPI T 5 15 1
Signature: Date: ��Ac
Additional �gnatu re:
Date -
Printed IVame(s)=
1
f� �51 to Drop rn�x��'{sM rose rtbm�e(t� ire �rirred #r pqp QlFpnrmsitr4inWlhePiBnnkAthgWmiw Cne reffrm por prqxrq'
Phone Number (optional),
4;-o — 60o
Case No. Attachment C
ZA20-0032 Page 6
Notification Response Form
ZA20-0432
Meeting Date: June 4, 2020 at 6:10 PM
Ody of Grapevine
P.<). Box 051064
GrapewiraL!� TX 7609� 76Q0g
E)irect qumlions awld trail msponws go;
City Of So,
Pwannirrg 8 bw+$laprnwd ServiGi2s
Noiffication Response
1400 Main St Ste 310
Sm kA, TX 7602
Phomo- JH17) 7 S#1
Fax: 1017) 7 Wn
Email: Ifiaic.,her i.sauf *Ww-thus
PLEASIE PROVIDE COMPLETED FORMS VIA MAILS FAX OR HAND DELIVERY
BEFORE T H E START OF TH I- SC H EDU LED P U 13 LIC H EARI NG_
Being the owner(s) of the property w nuted above, are hereby
in favor of opposedto undecided about
(ciircle or underline: one)
the proposed Specific Use perm4 ruferer7 J above -
space fo r comments re-gard in g yo ur peeiti on:
Signature -
Additional Sign
Pry rated Nane(s ); _
Mur!j to WoWty wneffN whvse
W@ prinG�4 0 60o. Qhemw A tohhbd the Planning
Phone N u r nber (option a R):
Date,44�,
Onefwm M RQPtfr
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
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 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, 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
Bv:
Laura Hill, Mayor
ATTEST:
Amy Shelly, TRMC
City Secretary
Case No. Attachment D
ZA20-0032 Page 2
W:/:I l:] I r_1
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
IW:/:II:]19:3
Case No.
ZA20-0032
Attachment D
Page 4