From
Chris Hartmann
Title
SU200603 - Specific Use Permit - Camp Wisdom Plaza (City Council District 4). Specific Use Permit for Beer/Wine Sales in a proposed Convenience Store with Gasoline Sales. A portion of Tracts 2C05 and 2C05A, John W Harwood Survey, Abstract No. 661, City of Grand Prairie, Tarrant County, Texas, zoned PD-130, and generally located at the northwest corner of W Camp Wisdom Rd and Lynn Rd. The applicant is Houshang Jahuani, Jahani Consulting Engineers Inc., and the owner is Anil Pathak. (On June 22, 2020, the Planning and Zoning Commission recommended approval of this request by a vote of 6-1).
Presenter
Savannah Ware, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
Specific Use Permit for Beer/Wine Sales in a proposed Convenience Store with Gasoline Sales. A portion of Tracts 2C05 and 2C05A, John W Harwood Survey, Abstract No. 661, City of Grand Prairie, Tarrant County, Texas, zoned PD-130, and generally located at the northwest corner of W Camp Wisdom Rd and Lynn Rd.
PURPOSE OF REQUEST:
This request is for a Specific Use Permit to allow Beer/Wine Sales in a proposed Convenience Store. PD-130 states that additional uses shall be allowed, as prescribed in Section B-100 of the Comprehensive Zoning Ordinance for the General Retail District, upon approval of a Specific Use Permit. Section B-100 shows that the Sale of Alcoholic Beverages for Off-Premise Consumption requires a Specific Use Permit.
The purpose of the Specific Use Permit process is to identify those uses which might be appropriate within a zoning district, but due to either their location, functional or operational nature, could have potentially negative impact upon surrounding properties; and to provide for a procedure whereby such uses might be permitted by further restricting or conditioning them so as to eliminate such probable negative impacts.
ADJACENT LAND USES:
The following table summarizes the zoning designation and existing use for the surrounding properties.
|
Table 1: Zoning and Land Use |
|
Direction |
Zoning |
Existing Use |
|
North |
PD-130 |
Single-Family Residences |
|
East |
None |
Lynn Road |
|
South |
None |
West Camp Wisdom Road |
|
West |
PD-130 |
Single-Family Residences |
HISTORY:
• December 6, 1983: City Council approved a zoning change (Case Number 830803), creating a Planned Development District for General Retail, Single Family Detached Residential, Single Family Attached Residential, and Multi-Family Residential uses.
• January 21, 2020: City Council approved a Site Plan (Case Number S200101) for Convenience Store with Gasoline Sales and Retail uses. The Site Plan includes a 9,919 sq. ft. building separated into a 4,275 sq. ft. convenience store with a drive through and four 1,411 sq. ft. retail tenant spaces, two way circulation, dumpster enclosure, and 120 parking spaces.
RECOMMENDATION:
The Planning and Zoning Commission voted 6-1 to recommend approval of SU200603 with the following conditions:
• The applicant shall construct the required masonry screening wall with Phase 1;
• The masonry screening wall shall be a minimum of eight feet in height;
• The applicant shall provide a landscape buffer along the screening wall that is at least 15 feet wide;
• The applicant shall plant native shade trees, a minimum of three inches in caliper, every 15 feet in the landscape buffer; and
• Operations shall not extend past 6:00 AM and Midnight.
Residents from the adjacent neighborhood raised concerns about traffic, noise, and lighting during the Planning and Zoning Commission meeting and City Council meeting for Case Number S200101. Approval of this Specific Use Permit will increase the items available for purchase at the proposed Convenience Store. This could increase the number of trips generated by the Convenience Store and might also increase the negative impacts generated by this use.
City Council may establish conditions of operation, location, arrangement and construction of any authorized special use. City Council may impose such development standards and safeguards as conditions warrant for the welfare and protection of adjacent properties and citizenry.
Given the proximity of this location to an existing neighborhood, citizens’ concerns about traffic, noise, and lighting, and the possibility that adding this use could exacerbate potential negative impacts of the proposed development, staff recommends the following conditions:
• The applicant shall construct the required masonry screening wall with Phase 1;
• The masonry screening wall shall be a minimum of eight feet in height;
• The applicant shall provide a landscape buffer along the screening wall that is at least 15 feet wide; and
• The applicant shall plant native shade trees, a minimum of three inches in caliper, every 15 feet in the landscape buffer.
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 SALE OF ALCOHOLIC BEVERAGES FOR OFF-PREMISE CONSUMPTION IN A PROPOSED CONVENIENCE STORE IN PLANNED DEVELOPMENT-130 DISTRICT: BEING A PORTION OF TRACTS 2C05 AND 2C05A, JOHN W HARWOOD SURVEY, ABSTRACT NO. 661, CITY OF GRAND PRAIRIE, TARRANT COUNTY, TEXAS; 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; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
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 Sale of Alcoholic Beverages for Off-Premise Consumption in a proposed Convenience Store; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on June 22, 2020, 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 Sale of Alcoholic Beverages for Off-Premise Consumption in a proposed Convenience Store, 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 1 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 Sale of Alcoholic Beverages for Off-Premise Consumption in a proposed Convenience Store; 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 July 14, 2020, 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 for Sale of Alcoholic Beverages for Off-Premise Consumption in a proposed Convenience Store on a portion of Tracts 2C05 and 2C05A, John W Harwood Survey, Abstract No. 661, City of Grand Prairie, Tarrant County, Texas, as depicted in Exhibit A - Boundary Description, attached hereto.
SECTION 2. That 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. That for operations of Sale of Alcoholic Beverages for Off-Premise Consumption in a proposed Convenience Store, the following standards and conditions are hereby established as part of this ordinance:
1. The applicant shall construct the required masonry screening wall with Phase 1;
2. The masonry screening wall shall be a minimum of eight feet in height;
3. The applicant shall provide a landscape buffer along the screening wall that is at least 15 feet wide;
4. The applicant shall plant native shade trees, a minimum of three inches in caliper, every 15 feet in the landscape buffer; and
5. The hours of operation of the Convenience Store with Sale of Alcoholic Beverages for Off-Premise Consumption shall not extend past 6:00 AM and midnight.
6. No later than 12 months following the issuance of a Certificate of Occupancy, the Specific Use Permit for Sale of Alcoholic Beverages for Off-Premise Consumption in a proposed Convenience Store will be brought back to Council for review. Any violation to this SUP or the Grand Prairie Code of Ordinances prior to this date will be grounds for City staff to introduce revocation proceedings against the Specific Use Permit established by this ordinance.
SECTION 4. That the operations of Sale of Alcoholic Beverages for Off-Premise Consumption in a proposed Convenience Store shall comply with the following:
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. 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.
3. 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.
4. The Certificate of Occupancy shall note the existence of this Specific Use Permit by its number and title.
5. The operation of the facility shall be in strict compliance with all requirements of the Environmental Services Department, Building Inspections, Police Department and Fire Administration.
6. Any unsafe or unauthorized operations or activities may be determined as grounds for revocation of the Specific Use Permit by the City Council.
SECTION 5. That it is further provided that in the case a section, clause, sentence or part of this Ordinance shall be deemed or adjudicated 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. That a violation of this Ordinance is a misdemeanor punishable in accordance with Section 1-8 of the Code of Ordinances of the City of Grand Prairie, Texas. The penalty provided herein shall be cumulative of other remedies provided by State law, and the power of injunction as provided in Texas Local Government Code Section 54.016, as amended, may be exercised in enforcing this ordinance whether or not there has been a complaint filed.
SECTION 7. That the Unified Development Code of the City of Grand Prairie, as amended, shall be and remain in full force and effect save and except as amended by this Ordinance.
SECTION 8. That the terms and provisions of this Ordinance are severable and are governed by Section 1-4 of the Code of Ordinances of the City of Grand Prairie, Texas.
SECTION 9. That all ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 10. 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 14th of JUly, 2020.
ordinance no.
specific use permit no.
case no. SU200603