From
Chris Hartmann
Title
SU170502/S170508 - Specific Use Permit/Site Plan - Pilot Travel Center (City Council District 1). Approve a Specific Use Permit and Site Plan for a convenience store/truck fueling station generally located on one non-residential lot. The 4.833-acre tract is zoned Light Industrial (LI) and located at the NWC of Roy Orr and Trinity Blvd. The agent is John Bezner, Civil Point Engineers, the applicant is Brad Alsup, Pilot Travel Centers LLC, and the owner is Oaksbranch LP. (On May 1, 2017, the Planning and Zoning Commission recommended approval of this request by a vote of 7-0).
Presenter
Assistant City Manager Bill Crolley
Recommended Action
Approve
Analysis
SUMMARY:
Consider a request to approve a Specific Use Permit and Site Plan for a convenience store/truck fueling station generally located on one non-residential lot. The 4.833-acre tract is zoned Light Industrial (LI) and located at the NWC of Roy Orr and Trinity Blvd. The property lies in the City Council 1, represented by Councilman Jorja Clemson.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Use |
|
North |
Light Industrial (LI) |
Industrial Use |
|
South |
Light Industrial (LI) |
Industrial Use |
|
East |
Light Industrial (LI) |
Industrial Use |
|
West |
Light Industrial (LI) |
Industrial Use |
PURPOSE OF REQUEST:
The applicant is proposing to final plat 4.83 undeveloped acres in Light Industrial to allow convenience store/truck fueling station on a one-lot non-residential subdivision.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map (FLUM) of the 2010 Comprehensive Plan designates this area as Light Industrial uses. The proposed plat is consistent with the FLUM.
ZONING REQUIREMENTS
Dimensional Requirement
The subject site is zoned for Light Industrial (LI) District uses. The proposal meets all applicable minimum dimension requirements for the LI zoning district. The following table provides detailed dimensional requirements information.
|
Standard |
Required |
Meets |
|
Minimum Lot Area |
15,000 sf |
Yes |
|
Minimum Width |
100 ft |
Yes |
|
Minimum Depth |
150 ft |
Yes |
PLAT FEATURES
The property will be accessible by W. Trinity Blvd and Roy Orr Blvd. The plat provides for access to Lot 1, Block A, through mutual access easements, as well. The plat also graphically depicts easements necessary to accommodate drainage, water, and sewer service.
REQUESTED APPEALS BY APPLICANT:
The applicant has stated to city staff that the proposed use should be listed as a “truck stop with gas sales” (which is allowed by right) opposed to a “convenience store with gas sales” (which requires a Specific Use Permit). Due to the proposed use not having typical characteristics of a truck stop (no showers, no overnight stay, percentage of car fueling stations outnumber truck fueling stations), staff informed the applicant that the use will continue to be viewed as a “convenience store with gas sales” per Article 4 of the Unified Development Code.
RECOMMENDATION
The DRC recommended approval of the proposal subject to the following conditions:
CURRENT PLANNING: Colby Collins (972) 237-8252
I. 1. Please note that the city has classified the proposed use “convenience store with gas” as listed in the Use Charts of Article 4 of the Unified Development Code (UDC).
M. 2. Please note all existing easements of record (include dimensions and document number if known) and any proposed easements (i.e. access easements or utility easements).
Note: Staff spoke with applicant on 4/12/2017. Applicant stated that the business will not be a truck stop. The business will consist of a convenience store, gas station, and truck fueling. Applicant stated that there will be no overnight stay at the business.
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 THE DEVELOPMENT OF A PROPOSED CONVENIENCE STORE WITH GASOLINE SALES IN A LIGHT INDUSTRIAL (LI) DISTRICT, TO WIT: BEING 4.83 ACRES OUT OF THE W P CROCKER ABST 1706 (PAGE 485), GRAND PRAIRIE, DALLAS COUNTY, TEXAS; SAID ZONING MAP AND ORDINANCE BEING NUMBERED AS 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 owner 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 Convenience Store with Gasoline Sales in a Light Industrial (LI) District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on May 1, 2017, 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 Convenience Store with Gasoline Sales in a Light Industrial (LI) District 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 7 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 Convenience Store with Gasoline Sales in a Light Industrial (LI) District; 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 May 1, 2017 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..."
Being passed and approved on November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit numbered 1022 for the property located at the intersection of W. Trinity Blvd. and Roy Orr, as shown in Exhibit A - Location Map and as legally described as follows:
Being Tracts 2.5 & 7, totaling 4.83 acres, out of the W P CROCKER ABST 1706 (PAGE 485), in the City of Grand Prairie, Dallas County, Texas.
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: PERMITTED USE DEFINITION
Convenience Store: A typically free‐standing, small market often franchised that is designed to be easily accessible, frequently offers, extended service hours, and aims at fast convenient services, purchase of necessities, staple goods, auto and household items, (limited choice and stock) snack food, hot coffee and/or food, with or without gasoline service.
SECTION 4: STANDARDS AND CONDITIONS
FOR OPERATION OF A CONVENIENCE STORE WITH GASOLINE SALES - IN THE LIGHT INDUSTRIAL (LI) ZONING DISTRICT. The following conditions are hereby established as part of this ordinance:
A. All operations shall conform to the Planning and Zoning Commission approved site plan and operational plan as provided in final submittal.
B. Off-site landscape shall be installed in substantial conformance with the landscape plan contained in Exhibit ‘C’ of this ordinance.
C. Structures constructed on the site shall be in substantial conformance with the elevations contained in Exhibit ‘D’ of this ordinance.
D. A sign should be placed on the property stating, “No Overnight Parking and Idling allowed on the Property”.
E. Development shall be in compliance with TDSHS - Texas Food Establishment Rules and local ordinances regarding food service.
F. 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.
G. 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.
H. 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.
I. 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].
J. 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.
K. 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]
L. UNDERGROUND STORAGE TANKS: Applications for permits to install, repair, or remove, underground or above ground storage tanks or their associated piping or any part thereof shall contact the Texas Natural Resource Conservation Commission (TNRCC) at (972)298-6171 and the City of Grand Prairie Environmental Services Department at (972)237-8055 prior to beginning work on the project.
M. MANUFACTURING: The Environmental Services Department shall review all manufacturing or industrial operations before construction begins. [City code 26-51]
N. 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.
O. 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 5: COMPLIANCE
All development must conform to the approved site plan labeled as Exhibit ‘B’, which is incorporated herein by reference.
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 6:
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 7:
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 8:
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 16th Day of May, 2017.
ORDINANCE NO. 10264-2017
CASE NO. SU170502
SPECIFIC USE PERMIT NO. 1022