From
Chris Hartmann
Title
SU161201/S161202 - Specific Use Permit/Site Plan - Whataburger at Belt Line & I-30 (City Council District 1). Approve a specific use permit and site plan to construct and operate a restaurant with drive-through. The 1.30-acre property, located at 1111 Beltline Road, is zoned Planned Development-217 (PD-217) District and is within the Beltline Corridor Overlay District. The agent is Kevin Hunt, Jacobs and the owner is Robert Cabel, Miami Partners, LLC. (On December 5, 2016, the Planning and Zoning Commission recommended approval of this request by a vote of 6-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
SUMMARY:
Consider a request to approve a specific use permit and site plan to construct and operate a restaurant with drive-through. The 1.30-acre property, located at 1111 Beltline Road, is zoned Planned Development-217 (PD-217) District and is within the Beltline Corridor Overlay District.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Use |
|
North |
PD-217 within the Beltline Corridor Overlay Districts |
Undeveloped |
|
South |
IH-30 |
Highway |
|
East |
PD-217 within the Beltline Corridor Overlay Districts |
Undeveloped |
|
West |
PD-217 within the Beltline Corridor Overlay Districts |
Convenience Store with Gasoline Sales |
PURPOSE OF REQUEST:
The applicant is requesting approval of a specific use permit (SUP) and site plan to construct and operate a restaurant with a drive-through on 1.30 acres. The subject site is currently zoned PD-217 for a variety of uses including Commercial (C) and General Retail (GR) Districts and is within the Beltline Corridor Overlay District.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
Parking and Access
The 1.30-acre property is undeveloped. Access to Beltline Road and the Interstate Highway-30 Frontage Road has been provided through mutual access easements. The subject site will be developed with a 3,578-square-foot restaurant with associated parking. The table below provides details regarding parking and loading for the use. Article 10 indicates the parking requirement for restaurants is one space per 100 square feet of designated dining and waiting area, including outdoor dining areas. The site plan indicates the area devoted to dining and waiting is 1,744 square feet.
|
Building Area |
Parking Rate |
Required |
Provided |
Meets |
|
1,744 s.f. |
1 sp/100 s.f. of dining area (in and out) |
18 |
39 |
Yes |
SUP Operation
The Unified Development Code allows restaurants with drive-throughs in the C and GR Districts with approval of a Specific Use Permit (SUP) approved by the City Council.
BACKGROUND:
On November 17, 2016, Development Review Committee (DRC) meeting was held. Staff met with the applicant to discuss the proposal. The proposal was cleared to move forward subject to conditions found in the recommendation section of this report.
On November 13, 2016, legal notice was mailed to affected property owners and notice of the upcoming public hearing was published in the Fort Worth Star Telegram.
On December 5, 2016, the item is scheduled to be heard by the Planning and Zoning Commission.
On December 12, 2016, the item is scheduled to be heard by the City Council.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map (FLUM) of the 2010 Comprehensive Plan designates this area as Commercial/Retail/Office (CRO) uses. The FLUM indicates Commercial/Retail/Office category should include office, neighborhood services, general retail, commercial, and Planned Development districts with one or more of these uses. The proposal is for a restaurant with drive through, which is consistent with the Future Land Use Map.
ZONING REQUIREMENTS
Dimensional Requirements
The subject site is zoned PD-217 for a variety of uses including C District uses. The proposal is being evaluated against C District uses. The proposal meets all applicable minimum dimension requirements outlined in UDC. The following table provides detailed dimensional requirements information.
|
Standard |
Required |
Provided |
Meets |
|
Minimum Site Area |
5,000 s.f. |
56,613.f. |
Yes |
|
Minimum Lot Width |
50 ft. |
123 ft. |
Yes |
|
Minimum Lot Depth |
100 ft. |
329 ft. |
Yes |
|
Front Yard |
25 ft. |
25 ft. |
Yes |
|
Maximum Height |
25 ft. |
31 ft. |
Yes |
|
Maximum F.A.R. |
1:1 |
0.2:1 |
Yes |
Elevations
The subject site is within the Beltline Corridor Overlay District and is subject to Appendix F of the UDC, as well. The UDC requires façades to be 100% masonry, excluding doors and windows. However, Appendix F does allow 20% of the façade to be a non-masonry material. The applicant is proposing brick, stone, and stucco. The proposal does meet the requirements of Appendix F.
|
Façade |
Total Area |
Reductions* |
Resultant Area |
Masonry Area |
Masonry % |
Meets |
|
North |
852 s.f. |
239 s.f. |
634 s.f. |
515 s.f. |
87% |
Yes |
|
South |
866 s.f. |
362 s.f. |
1,694 s.f. |
1,480 s.f. |
87% |
Yes |
|
East |
2,056 s.f. |
343 s.f. |
1,721 s.f. |
1,544 s.f. |
90% |
Yes |
|
West |
2,064 s.f. |
57 s.f. |
795 s.f. |
760 s.f. |
96% |
Yes |
*Reductions - windows, doors, metal trim cap
Landscape
The UDC requirements are as follows:
|
Standard |
Required |
Provided |
Meets |
|
Minimum Landscape Area (10% 56,613 s.f.) |
5,661 s.f. |
11,704 s.f. |
Yes |
|
Street Trees: 1 tree/25 - 50 l.f. |
IH-30 Frontage = 3 |
3 |
Yes |
|
Trees: 1/500 s.f. required landscape |
12 |
12 |
No |
|
Parking Lot Trees: 1 tree/20 parking spaces |
3 |
9 |
Yes |
|
Shrubs: 1/50 s.f. required landscape |
114 |
236 |
Yes |
|
All trees are minimum 3 in. caliper |
3 |
3 |
Yes |
The site plan does comply with all of the minimum landscape requirements set forth in the UDC.
REQUESTED APPEALS BY APPLICANT:
No appeals have been requested as part of this proposal.
RECOMMENDATION:
The DRC recommends approval of the request for a Specific Use Permit to allow construction and operation of a restaurant with drive through window, subject to the following conditions:
1. The site plan shall be consistent with all regulations in the UDC as amended.
2. Signage shall not be approved as part of this application. Signage shall comply with the provisions set forth in the UDC, as amended, and be reviewed and approved by building permit.
3. All operations shall conform to the site plan and operational plan as approved by City Council under case number SU161201/S161202.
4. Operations must be in compliance with the TDSHS - Texas Food Establishment Rules and local ordinances regarding foot service.
ENGINEERING/FLOODPLAIN: Stephanie Griffin/Brent O’Neal (972) 237-8141
M. 1. Update the term “Minimum Finished Floor” with the term “Lowest Finished Floor”. Confirm that the lowest finished floor is based on the 2D modeling results and is at least one foot above the ultimate base flood elevation or two feet above the current base flood elevation, whichever is higher. Add the base flood elevation. The FEMA FIRM was recently revised by LOMR 16-06-1079P, which should be added to the floodplain note on the Site Plan.
M. 2. The floodplain areas Zone X (Shaded) and Zone AE shall be dedicated to the City as Stormwater Management Areas.
M. 3. If the project will change LOMR-F 08-06-2752A, then a flood study will be required before any permits will be issued. If the LOMR-F is changed, then another LOMR will be required post-project.
M. 4. For future reference, any improvements on this property will require a floodplain development and a Trinity River Corridor Development Certificate (CDC). The floodplain development permit can be accessed at: <http://70.128.162.44:8080/public/Engineering%20Standards/Permit_Forms/Floodplain_Permits/>
M. 5. The CDC application can be obtained at
<http://www.nctcog.org/ENVIR/SEEsafe/fpm/cdc/index.asp>
M. 6. Site plan shall comply with City requirements for access, setbacks and easements.
Note to applicant: Some comments below may not pertain to your development. Contact the Development Coordinator for clarification.
Approval of a project by the Planning and Zoning board, and/or City Council, does not release the Building Inspections Permit or Public Works Permit for construction.
It is the developer’s responsibility to confirm with the Planning Department if the property is to be (re-platted, preliminary, and/or final) platted.
It is the developer’s responsibility to submit all required escrow funds for third party drainage review for public improvements prior to construction plan submittal.
It is the developer’s responsibility to confirm the submittal of plans for review to the Engineering Division.
It is the developer’s responsibility to submit all required escrow funds for third party geotechnical and material testing for public improvements that are to be dedicated to the City prior to release of the construction permit.
It is the developer’s responsibility to submit all required information to establish a pro-rata for water or wastewater prior to release of the construction permit.
Final engineering plans released for construction are required prior to the recording of the final plat.
It is the developer’s responsibility to submit any required escrow funds for streets or sidewalks.
A preliminary drainage plan that meets City Code may be required. The plan shall address possible need for detention and provide preliminary storm drain layout and sizing for all lots.
Contractor/Owner shall not alter, impede, or redirect the surface flow of storm water runoff per State requirements and shall control erosion on the site per federal, state, and local requirements. Grading, drainage, and erosion control plans, released for construction are required prior to filing the final plat. Such plans shall include complete plans and profiles of all storm drainage facilities with hydrologic and hydraulic information. Proposed storm drain hydraulics shall tie to existing downstream storm drain hydraulics. Where applicable, drainage from the site shall discharge into a drainage easement and shall convey flow to a stream without causing erosion or flooding. The 100-year overflow shall be conveyed in a drainage easement.
Delineate the fully developed floodplain on plats and drainage plans with flood elevations and minimum finished floor elevations for structures. Floodplains and/or maximum water surface elevation for bodies of water shall be dedicated as drainage right-of-way (ROW) or in a drainage easement upon the plat. Drainage ROW shall be dedicated fee simple to the City of Grand Prairie. Also provide cross sections showing that limits of drainage easement have a maximum 4:1 slope from the streambed. Proposed slopes greater than 4:1 must be supported by an engineered design and will be reviewed on a case-by-case basis by the Engineering Department. Any work within floodplain will require Floodplain Development Permit and, if applicable, FEMA approval.
Delineate any erosion hazard setback upon the plat.
Any future improvements may require investigation of the adequacy of the downstream drainage system to convey increased flows. Construction plans for downstream improvements shall be required if the downstream system is not adequate to convey the increased flows. Proposed flows shall be within drainage easements or ROW’s with no erosive velocities. This may require detention or additional detention or other improvements.
Add a note to preliminary plats:
The subject property is (or, is not) located within the 100 year floodplain per FIRM Panel # _________________, dated _____________________.
Where applicable and prior to construction, submit certification by a professional that site does not have wetlands and other waters of the United States, an investigation showing that site development will not impact wetlands and other waters of the United States, or a permit for proposed activities in wetlands and other waters of the United States. Wetlands and other waters of the United States are as defined in Section 404 of the Clean Water Act. All delineation’s shall certify that they were conducted per U.S. Army Corps of Engineers’ requirements. An agreement stipulating that the owner is responsible for maintenance of any wetland mitigation areas is required prior to construction.
Specify on plat that streams are to remain natural and maintenance of ponds and streams are solely the responsibility of the property owner or Home Owners Association (HOA).
Off-site detention ponds and appurtenances shall be within a drainage easement. A maintenance agreement shall be filed as separate instrument. The property owner or HOA shall be responsible for maintenance.
Owners or contractors must file a Notice of Intent (NOI) with the United States Environmental Protection Agency (USEPA) for storm water (general) management permits before beginning site work on any tract which involves five (5) acres or more, or on any lot which is a portion of a tract which involves five (5) acres or more. Contractors must have submitted a NOI to the USEPA, with copies to the City's Environmental Services Department, at least two (2) days in advance of the start of the project. Contact the stormwater management office of the USEPA at (214) 665-7175 and the City of Grand Prairie Environmental Services Department at (972) 237-8055.
A plan which has been prepared and sealed by a licensed engineer showing storm water quality best management practices (BMPs) for construction activities must be submitted with building permit applications. BMPs must comply with North Central Texas COG BMP manual, Storm Water Quality Best Management Practices for Construction Activities. Contact the City of Grand Prairie Environmental Services Department at (972) 237-8055.
Provide statement on the plat for perpetual maintenance agreement for any existing ponds.
Specify minimum finished floor elevations on the preliminary plat for lots adjacent to the floodway.
Every source or potential source of contamination which is connected to (or has the capacity to cause a threat to) any public water supply within the City that is present in any commercial establishment must be equipped with protection that is required under the provisions of City Code Chapter 13 Article X. Any devices required must be shown on all plans submitted for review by the City. Contact the City of Grand Prairie Environmental Services Department at (972) 237-8055 to schedule inspections of any new or relocated cross-connection control devices.
The Environmental Services Department will require that a sample point be installed on the sanitary sewer line for commercial developments. The location and a drawing of the sample point must be shown on the plans submitted for review with your application for a building permit. Structure and location should meet the requirements of the department. Contact the City of Grand Prairie Environmental Services Department at (972) 237-8055. [City code 26-53]
The Environmental Services Department must review all manufacturing or industrial operations before construction is begun. [City code 26-51]
Impact fees for water and wastewater are set by ordinance and cannot be waived by staff. Pro-rata charges, impact fees, tap fees, and meter fees will be due prior to issuance of building permit.
All required escrow funds for public improvements shall be submitted by the developer. Most escrow funds are required to be in place prior to construction plan submittal.
Provide lighting plans for lights being installed within residential subdivisions and lights installed along the right-of-way of perimeter streets.
Plans for retaining walls (over 4’ tall) and screening walls shall be site specific, prepared by an engineer licensed in the State of Texas, and submitted with construction plans.
The design engineer shall obtain approval from the Trinity River Authority for sewer connection to TRA lines and for any utilities crossing TRA lines.
The design engineer shall obtain approval from the Corp of Engineers for utilities that cross or run through Corp property.
Extension of water and sewer facilities that are needed to serve the development will be at the developer/owners expense.
The owner/developer shall make request for City participation in construction or funding of public infrastructure prior to the approval of final plat.
Provide water and sewer plans for new lots and a lot grading plan that meets current standards of the UDC.
All utility easements along street rights-of-way to be shown as 15’ wide utility easements and show 7.5 foot utility easements along the rear of all lots. Side and rear lot easements may be modified or omitted upon request and if accepted by the Planning and Development Division. The design engineer and developer shall coordinate the proposed easements with franchise utilities and the City prior the submitting the final plat.
Offsite easements are required to be dedicated by separate instrument. The design engineer and developer shall coordinate the recordation of offsite easements with the City Right-of-way Agent. Documents for offsite easements shall be submitted with the civil design package to the Engineering Division and shall be deemed ready for recordation by the City Right-of-way Agent prior the filing the final plat and/or release of the plans for construction.
No signs or roof overhang are permitted to encroach in any easement per the UDC.
Lots with screening walls shall have a 5’ wall easement adjacent to the property line and an adjacent 10’ minimum utility easement. To avoid conflicts, these easements shall not overlap.
Dedication of right-of-way along street frontage shall be per the City of Grand Prairie Thoroughfare Plan. Dedication of corner clips at all street intersections shall be per the Transportation Division.
The design engineer shall be responsible for coordination and obtain all permits for access to, and construction within TxDOT right-of-way.
ENVIRONMENTAL SERVICES: Terri Blocker, (972) 237-8461
SUP
1. MUST BE IN COMPLIANCE WITH TDSHS - TEXAS FOOD ESTABLISHMENT RULES AND LOCAL ORDINANCES REGARDING FOOD SERVICE.
Site plan
COMMENTS:
M. 1. DRINKING WATER PROTECTION: All new commercial establishments within the City of Grand Prairie must be equipped with appropriate cross connection device protection on the main waterline, fire line and irrigation lines.
Additional cross connections devices may be required under the provisions of City Code Chapter 13 Article X depending on how water will be used in the facility.
Any cross connection devices that are required must be shown on all plan submittals to building inspections. It is required that you provide the make model and location of the backflow preventer to be installed. Providing this information during first submission of building permits will speed up the permitting review process. Testing fees for backflow prevention devices must be paid prior to issuance of building permits.
M. 2. SAMPLE POINTS: The Environmental Services Department requires a sample point be installed on the sanitary sewer line. The location and a sample point detail must be shown on the building plans submitted for review with your application for a building permit. Structure and location should meet the requirements of the department. Providing this information during first submission of building permits will speed up the permitting review process.
M. 3. HEALTH PERMITS REQUIRED: Anyone wishing to operate a food or drinking establishment, food warehouse, child care center, grocery, public swimming pool, or convenience store must make application for a health permit and submit plans for review to the Environmental Services Department before construction is begun or before operation may begin within existing structures. Permits are non-transferable. These fees must be paid prior to issuance of building permits [city code 13-20].
M. 4. CONSTRUCTION ON FIVE OR MORE ACRES: Before beginning site work on any tract which involves one (5) acres or more, or on any lot which is a portion of a tract which involves one (5) acres or more, owners or contractors must file a Notice of Intent (NOI) with the Texas Commission on Environmental Quality (TCEQ) for a construction storm water (general) permit. Contractors must have submitted a NOI to the TCEQ, and send a copy of application to the city’s Environmental Services Department, at least two (2) days in advance of the start of the project.
A Storm Water Pollution Prevention Plan (SWP3) which has been prepared and sealed by a licensed engineer showing storm water quality best management practices (BMPs) for construction activities must be submitted with building permit applications. BMPs must comply with the North Central Texas COG BMP manual, Storm Water Quality Best Management Practices for Construction Activities. Contact the City of Grand Prairie Environmental Services Department at (972)237-8055.
M 5 For development of a tract of land that is greater than one acre in area, the applicant must provide documents demonstrating compliance with Title 30, Part 1, Chapter 330, Subchapter T of the Texas Administrative Code relating to the use of land over closed municipal solid waste landfills. This is a state requirement designed to prevent the development of buildings over old landfills (known and unknown).
M. 6. REFUSE CONTAINERS: During all phases of construction projects, all waste disposal services shall be contracted with Grand Prairie Disposal Company, Republic. Commercial-type refuse containers (dumpsters and roll-offs) shall be placed at a location arranged in advance with the city’s contractor, Grand Prairie Disposal Company, Republic. If materials are to be recycled, they shall not be co-mingled with trash. All property owners or facility owners shall contact Grand Prairie Disposal Company at (817) 261-8812 [city code 26-105(a)]. Mechanical garbage and trash compactors shall conform to city code sections 29-74 and 26-75. The general contractor shall be held responsible for ensuring compliance with these city codes.
M. 7. WATER WELLS: Please note any abandoned or currently used water wells on the preliminary and final plat. According to the City of Grand Prairie ordinance and the Texas Water Code Chapter 32 § 32.017, Plugging of Water Wells, owners of any property where an abandoned well is located must have the well plugged by a licensed well driller, holding a valid registration with the TCEQ. A permit will be required to abandon the well. In addition a copy of the well completion report must be supplied to the Environmental Services Department before any building permit will be issued.
M. 8. DRILLING WATER WELLS: All property owners wishing to drill a well must obtain a well drilling permit from the Environmental Services Department prior to drilling. Drillers must be licensed by the Texas Well Drillers board. [Texas Water Well Drillers Act sub-section 287.91].
M. 9. NUISANCE: No operations or activities may result in creation of a nuisance as defined in city code 29-68(12) to (29). Specifically, no building, road or construction activity may cause water to stand and result in mosquito harborage.
I. 10. MOSQUITO HARBORAGE: Property owners shall be responsible for all mosquito control activities on any body of water created as part of the site drainage plan. [city code 29-68(3)]
I. 11. NOISE: All noise created during the construction and subsequent operational activities conducted on the subject property must comply with City Code Chapter 13, Article XIII, Sections 13-275 to 13-286. Construction must be limited the daytime hours between six o’clock a.m. and ten o’clock p.m. when constructing a building with 300 feet of a residence.
A Noise abatement study may be required on any new businesses which may affect residence that live within 300 feet.
All businesses must comply with City Code Chapter 13, Article XIII Noise Ordinance
I. 12. ILLEGAL STORM WATER RUNOFF: Only rain water is allowed into the storm water system. Any wastewater generated from any swimming pool maintenance, commercial or industrial operations must be discharged to the sanitary sewer. All discharges into the sanitary sewer must comply with all federal, state, and local industrial discharge requirements [40 CFR part 122 and city code 26-40 to 26-69]
M. 13. WASH BAYS: Wash bays must be covered to prevent storm water or surface runoff from entering the sanitary sewer system. (City code 26-45(a)(1)]
M. 14. GREASE AND SAND TRAPS: Grease and sand traps from automotive centers, service centers, and vehicle wash operations shall be connected to the sanitary sewer system [city code 26-41)]
M. 15. VEHICLES IN THE FLOOD PLAIN: Vehicles must not become flooded so that greases, oils, or other automotive fluids do not contaminate storm water. A bulk storage permit is required for these fluids [city code 29-150(22)].
M. 16. UNDERGROUND STORAGE TANKS: Applicants for permits to install, repair, or remove underground or above ground storage tanks or their associated piping or any part thereof must contact the Texas Commission of Environmental Quality (TCEQ) and the City of Grand Prairie Environmental Services Department at (972)237-8055 prior to beginning work on the project.
M. 17. MANUFACTURING: The Environmental Services Department must review all manufacturing or industrial operations before construction is begun. [City code 26-51]
M. 18. SPECIFIC COMMENTS: All existing buildings and facilities must be upgraded to comply with current health and water quality standards before a new certificate of occupancy can be issued. These issues will be addressed during the building review process.
I. 20. STRIP CENTER/RETAIL BUILDING: If the retail building has a projected food service use, the sanitary sewer must be designed in a way that a grease trap and an industrial waste sample point can be installed for each of those proposed suites.
M. 21. DUMPSTER ENCLOSURE: For new business customers seeking a certificate of occupancy or submitting a site layout, must adhere to requirements outlined in “Commercial Garbage Collection and Container Requirements, which may be accessed at: <http://www.gptx.org/index.aspx?page=1808>an
BUILDING INSPECTIONS: Rob Ard, (972) 237-8230
I. 1. F] 903.2.1.2 Group A-2.
An automatic sprinkler system shall be provided for fire areas containing Group A-2 occupancies and intervening floors of the building where one of the following conditions exists: 2. The fire area has an occupant load of 100 or more.
M. 2. A permit is needed for construction. Design shall comply with the 2015 ICC codes and 2014 NEC.
I. 3. Additional comments may apply during full plan review of project when submitted for permit
FIRE DEPARTMENT: Joel Anderson, (972) 237-8300
M. 1. No portion of any building shall be more than four hundred (400) or (600) feet from a fire hydrant depending on the building being sprinklered, as measured by fire apparatus laying hose along streets or fire lanes according to the requirements set forth in Section 5, I.F.C. and City Ordinances.
M. 2. Fire apparatus access roads (fire lanes) shall be provided adjacent to and around any building when any portion of the exterior wall is located more than one hundred fifty (150) feet from fire department vehicle access according to the requirements set forth in Chapter 5, I.F.C. and City Ordinances.
M. 3. Fire lanes must be approved by the Fire Department and shall be in-service prior to construction proceeding beyond the foundation according to the requirements set forth in Chapter 5, I.F.C. and City Ordinances.
M. 4. Security gates that obstruct fire apparatus access roads shall have one of the following Opticom system, Knox key switches or Knox padlocks installed according to the requirements set forth in Chapter 5, I.F.C. and City Ordinances.
TRANSPORTATION SERVICES: Daon Stephens, (972) 237-8319
M. 1. The access easements need to line up with the adjacent property to the west and not have the offset.
M. 2. Provide the volume and page of the offsite easement.
M. 3. Indicate the actual right-of-way on Belt Line Road, not “variable”.
M. 4. Construct sidewalks along I-30.
M. 5. Provide 6 vehicle stacking spaces from the order point in the order queue.
M. 6. Move the front of the building north to allow vehicles exiting the pickup queue to see traffic traveling in the front access easement.
POLICE DEPARTMENT: Sgt. Eric Hansen, (972) 237-8906
I. 1. This property has a proposed address of “1111 Belt Line”, which should actually be N Belt Line. The QuikTrip is 1110 N Belt Line, so making the Whataburger 1111 N Belt Line doesn’t make sense because that would indicate it would be across the street from the Quik Trip.
Since it actually faces onto the I-30 WBFR we need to address it off the 800 blk of E I-30.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS AMENDING THE ZONING ORDINANCE AND MAP BY SHOWING THE LOCATION, BOUNDARY, AND USE OF CERTAIN PROPERTY FOR A SPECIFIC USE PERMIT FOR A RESTAURANT WITH DRIVE THROUGH IN THE PLANNED DEVELOPMENT-217 (PD-217) DISTRICT FOR MIXED USE TO WIT: BEING 1.30 ACRES OUT OF THE RICHARD WILSON SURVEY, ABSTRACT NO. 1548, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, SPECIFICALLY, A PORTION OF TRACT 20 OF THE RICHARD WILSON SURVEY, ABSTRACT NO. 1548; SAID ZONING MAP AND ORDINANCE BEING NUMBERED ORDINANCE NUMBER 4779 AND PASSED ON NOVEMBER 20, 1990; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL.
WHEREAS, the owners of the property described herein below filed application with the City of Grand Prairie, Texas, petitioning an amendment of the Zoning Ordinance and Map of said city so as to amend the zoning designation of said site to include a Specific Use Permit for a restaurant with drive through; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on December 5, 2016, after written notice of such public hearing before the Planning and Zoning Commission on the proposed Specific Use Permit had been sent to owners of real property lying within 300 feet of the property on which the creation of a Specific Use Permit for a restaurant with drive through is proposed, said Notice having been given not less than ten (10) days before the date set for hearing to all such owners who rendered their said property for City taxes as the ownership appears on the last approved City Tax Roll, and such Notice being served by depositing the same, properly addressed and postage paid, in the City Post Office; and
WHEREAS, after consideration of said application, the Planning and Zoning Commission of the City of Grand Prairie, Texas voted 6 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to allow a Specific Use Permit for a restaurant with drive through; and
WHEREAS, Notice was given of a further public hearing to be held by the City Council of the City of Grand Prairie, Texas, in the City Hall Plaza Building at 6:30 o'clock P.M. on December 13, 2016, to consider the advisability of amending the Zoning Ordinance and Map as recommended by the Planning and Zoning Commission, and all citizens and parties at interest were notified that they would have an opportunity to be heard, such Notice of the time and place of such hearing having been given at least fifteen (15) days prior to such hearing by publication in the, Fort Worth Star Telegram, Fort Worth, Texas, a newspaper of general circulation in such municipality; and
WHEREAS, all citizens and parties at interest have been given an opportunity to be heard on all the matter of the Specific Use Permit and the City Council of the City of Grand Prairie, Texas, being informed as to the location and nature of the specific use proposed on said property, as well as the nature and usability of surrounding property, have found and determined that the property in question, as well as other property within the city limits of the City of Grand Prairie, Texas, has changed in character since the enactment of the original Zoning Ordinance to the extent that a specific use may be made of said property as herein provided and by reason of changed conditions, does consider and find that this amendatory Ordinance should be enacted since its provisions are in the public interest and will promote the health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1.
That Ordinance Number 4779, being the Unified Development Code of the City of Grand Prairie, Texas, showing the locations and boundaries of certain districts, and said Zoning Ordinance and Map having been made a part of an Ordinance entitled:
"THE UNIFIED DEVELOPMENT CODE OF THE CITY OF GRAND PRAIRIE, TEXAS, AS PASSED AND APPROVED BY THE CITY COUNCIL ON THE 20TH DAY OF NOVEMBER, 1990, TOGETHER WITH ALL AMENDMENTS THERETO AND ENACTING A REVISED ORDINANCE ESTABLISHING AND PROVIDING FOR ZONING REGULATIONS; CREATING USE DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PLAN..."
passed and approved November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit numbered 1011 for the property, addressed as 930 E. Interstate 30, legally described in Exhibit A - Legal Description, and depicted in Exhibit B - Location Map, attached hereto.
SECTION 2.
Purpose and Intent
The purpose of this Ordinance is to provide the appropriate restrictions and development controls that ensure this Specific Use Permit is compatible with the surrounding development and zoning and to also ensure that the development complies with the City’s Comprehensive Plan and Unified Development Code.
SECTION 3.
Specific Use Permit
For operation of a Specific Use Permit for a restaurant with drive through in the planned development-217 (pd-217) District; the following standards and conditions are hereby established as part of this ordinance:
1. The development shall adhere to the City Council approved Exhibit C - Site Plan Package, of this ordinance, which are herein incorporated by reference.
2. Signage shall comply with the provisions set forth in the UDC, as amended.
3. All operations shall conform to the site plan and operational plan as approved by the City Council under case number SU161201/S161202.
4. Development shall be in compliance with TDSHS - Texas Food Establishment Rules and local ordinances regarding food service.
5. DRINKING WATER PROTECTION: All new commercial establishments within the City of Grand Prairie shall be equipped with appropriate cross connection device protection on the main waterline, fire line, and irrigation lines.
6. Additional cross connections devices may be required under the provisions of City Code Chapter 13, Article X, depending on how water will be used in the facility. Any cross connection devices that are required shall be shown on all plan submittals to building inspections. It is required that you provide the make, model, and location of the backflow preventer to be installed. Providing this information during the first submission of building permits will speed up the permitting review process. Testing fees for backflow prevention devices shall be paid prior to issuance of building permits.
7. SAMPLE POINTS: The Environmental Services Department requires a sample point be installed on the sanitary sewer line. The location and a sample point detail shall be shown on the building plans submitted for review with your application for a building permit. Structure and location shall meet the requirements of the department. Providing this information during the first submission of building permits will speed up the permitting review process.
8. HEALTH PERMITS REQUIRED: Anyone wishing to operate a food or drinking establishment, food warehouse, child care center, grocery store, public swimming pool, or convenience store shall make application for a health permit and submit plans for review to the Environmental Services Department before construction begins for new development or before operation begins for existing structures. Permits are non-transferable. These fees shall be paid prior to issuance of building permits [city code 13-20].
9. REFUSE CONTAINERS: During all phases of construction projects, all waste disposal services shall be contracted with Grand Prairie Disposal Company, J.C. Duncan. Commercial-type refuse containers (dumpsters and roll-offs) shall be placed at a location arranged in advance with the city’s contractor, Grand Prairie Disposal company, J.C. Duncan. If materials are to be recycled, they shall not be co-mingled with trash. All property owners or facility owners shall contact Grand Prairie Disposal Company at (817)261-8812 [city code 26-1059(a)]. Mechanical garbage and trash compactors shall conform to city code sections 29-74 and 26-75. The general contractor shall be held responsible for ensuring compliance with these city codes.
10. WATER WELLS: Please note any abandoned or currently used water wells on the preliminary and final plat. According to the City of Grand Prairie ordinance and the Texas Water Code, Chapters 32 § 32.017, Plugging of Water Wells, owners of any property where an abandoned well is located must have the well plugged by a licensed well driller, holding a valid registration with the TCEQ. A permit will be required to abandon the well. In addition, a copy of the well completion report must be supplied to the Environmental Services Department before any building permit will be issued.
11. DRILLING WATER WELLS: All property owners wishing to drill a well must obtain a well drilling permit from the Environmental Services Department prior to drilling. Drillers must be licensed by the Texas Well Drillers board. [Texas Water Well Drillers Act § 287.91].
12. SPECIFIC COMMENTS: All existing buildings and facilities shall be upgraded to comply with current health and water quality standards before a new certificate of occupancy can be issued. These issues will be addressed during the building review process.
13. Grease trap, sewer lines, and fuel tanks shall be constructed at least 150 feet away from wellhead.
14. DUMPSTER ENCLOSURE: A 12-foot x 12-foot dumpster enclosure area shall meet City of Grand Prairie requirements. Dumpsters shall be in an area that allows easy accessibility to garbage trucks. Show city specifications. See the Unified Development Code, reference Article 8 for dumpster screening fences.
SECTION 4.
Compliance
1. By this Ordinance, this Specific Use Permit shall automatically terminate in accordance with Section 5.4.1 of the Unified Development Code if a Certificate of Occupancy is not issued for said use within one (1) year after City Council adoption of this Ordinance, or upon cessation of said use for a period of six (6) months or more.
2. Furthermore, by this Ordinance, the City Council shall conduct a public hearing one (1) year after City Council approval of this Specific Use Permit to confirm compliance with all applicable codes which shall include, but not be limited to, the requirements of this Ordinance, the Unified Development Code, the City of Grand Prairie Code of Ordinances, city adopted building codes, city adopted fire codes and with other applicable regulatory requirements administered and/or enforced by the state and federal government.
3. It shall be unlawful for the owner, manager, or any person in charge of a business or other establishment to violate the conditions imposed by the City Council when a Specific Use Permit is granted, and the violation of those conditions could result in a citation being issued by the appropriate enforcement officers of the City of Grand Prairie. Violation of this provision may be punishable in accordance with Section 1-8 of the Code of Ordinances of the City.
4. This Specific Use Permit shall run with the land and therefore may be transferred from owner to owner; however, each new owner shall obtain a new Certificate of Occupancy.
5. The Certificate of Occupancy shall note the existence of this Specific Use Permit by its number and title.
SECTION 5.
It is further provided that in case a section, clause, sentence or part of this Ordinance shall be deemed or adjudged by a Court of competent jurisdiction to be invalid, then such invalidity shall not affect, impair or invalidate the remainder of this Ordinance.
SECTION 6.
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 7.
That this Ordinance shall be in full force and effect from and after its passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS the 13th of DECEMBER, 2016.
ordinance no. 10204-2016
specific use permit no. 1011
case no. su161201/s161202