DRIPPING SPRINGS — The first standalone mobile food truck is now coming to Dripping Springs.
On Tuesday, Oct. 15, after weeks of discussion across several meetings, Dripping Springs City Council — upon the recommendation of the Planning & Zoning Commission — voted 5-0 to approve a Conditional Use Permit (CUP) to allow one mobile food vendor, Meaty Boys BBQ, at 121 Mercer Street for more than 10 days.
According to the city of Dripping Springs’ code of ordinances, a conditional use is a land use that, because of its unique nature, is compatible with the permitted land uses in a given zoning district only under certain conditions. These conditions include “a determination that the external effects of the conditional use in relation to the existing and planned uses of adjoining property and the neighborhood can be mitigated through imposition of additional standards and conditions.”
Additionally, the ordinance states that no conditional use shall be established and no building permit or certificate of occupancy may be issued for any use designated by Chapter 3.17 of the code of ordinances as a conditional use within a zoning district until a conditional use permit is issued by the city.
The CUP is required for the mobile food vendor because it will be located within the city limits and on that property for more than 10 days, said planning director Tory Carpenter.
The request went through multiple stages for approval. Initially, on Aug. 27, the commission voted unanimously to recommend denial of this request.
At the regular city council meeting on Sept. 27, the applicant stated that he was not aware he could attend the Planning and Zoning meeting, according to agenda documents, and council then voted to return the item back to the commission for reconsideration to allow the applicant to be present to answer any questions.
At its special meeting on Oct. 8, Planning and Zoning voted 5-1 to recommend approval with the following updated conditions; council unanimously moved forward with the request last week.
• The applicant shall submit a site development permit prior to any additional site improvements
• The food truck must meet all setback requirements
• Hours of operation are limited to between 8 a.m. and 10 p.m.
• Trash receptacles shall be provided for customer use
• The CUP shall be reconsidered by city council within two years of its effective date
• The permit shall become effective with the issuance of the building permit
• There shall be no portable toilets used on a long-term basis
• There shall be no amplified music
• Trash must be removed from the property at the end of each business day
• Patrons may not use neighboring restroom facilities without an agreement by the neighboring business owner
• The applicant shall provide an inclement weather evacuation plan to staff “We were very concerned about whether this was the best use of this particular property. It's a [commercial services] zone property on that corner of Mercer [Street] and Ranch Road 12.
We also want to understand how he's going to handle the challenges … it’s low; it’s in a floodplain [and] tends to flood,” explained Planning and Zoning Commission chair Mim James. “We spent a lot of time on it because this is going to be the first standalone food truck in the community.”
While the commission had various concerns about the initial request, James explained to the council that the applicant answered the commission’s questions at the last meeting.
“[The applicant] indicated that the business was going to be essentially a grab-and-go business. He agreed to locate the trailer outside of the setback … He advised that the property does have an electrical drop because we were concerned about running a generator throughout the entire business hours, and so, there is an electrical drop, so we won't have to be bothered with it with the generator,” James explained. “He advised that he does have a small, single stall restroom for the employees, so we were pleased to see that. He agreed that he would remove and secure the trash each and every night because we've got a lot of critters in Dripping and we didn't want that stuff all over downtown.”
As part of the discussion across the dais, council member Geoffrey Tahuahua asked that because the CUP is set to expire in two years, if the applicant decides to “open up a real fancy restaurant” and a different mobile food vendor moves to the same site in its place, then would that new vendor be able to use the same permit?
“It is my understanding that the conditional use permit would apply to the site, so another mobile food vendor could move in under that existing permit,” Carpenter responded.
City attorney Laura Mueller said that is correct, but that vendor would have to comply with every condition that is required by the permit.
Dripping Springs City Council meets next at 6 p.m. on Tuesday, Nov. 5, at Dripping Springs ISD Center for Learning and Leadership Board Room, located at 300 Sportsplex Drive. The council will be meeting at this location while city hall is under renovation.
