From
Chris Hartmann
Title
SU170504/S170510 - Specific Use Permit/Site Plan - 7-11 at 161 and Pioneer Pkwy. (City Council District 1). A request to approve a Specific Use Permit/Site Plan for a convenience store with gasoline pumps on one lot. The 1.612-acre property is located on the southwest corner of State Highway 161 and Pioneer Parkway. The property is zoned Light Industrial (LI) District, and within State Highway 360 (SH-360) Overlay Corridor District. The agent is Karen Mitchell, Mitchell Planning Group, LLC and the owner is Gary Fullington, Pioneer 161 Crossing, LLC. (On May 1, 2017, the Planning and Zoning Commission recommended approval of this request by a vote of 5-2).
Presenter
Assistant City Manager Bill Crolley
Recommended Action
Approve
Analysis
SUMMARY:
SU170504/S170510 -Specific Use Permit/Site Plan - A request to approve a Specific Use Permit and Site Plan to construct and operate a convenience store with gasoline sales. The 1.612-acre property is located on the southwest corner of State Highway 161 and Pioneer Parkway. The property is zoned Light Industrial (LI) District, and within State Highway 161 (SH-161) Overlay Corridor District. The property lies within City Council District 1, represented by Councilwoman Jorja Clemson.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Use |
|
North |
Light Industrial (LI) |
Lockheed-Martin |
|
South |
Light Industrial (LI) |
Restoration Hardware |
|
East |
Commercial (C) |
Retail Shopping Center |
|
West |
Light Industrial (LI) |
Restoration Hardware |
PURPOSE OF REQUEST:
The applicant is requesting approval of a specific use permit and site plan to construct and operate a 3,000-square-foot convenience store with gasoline sales on 1.612 acres in Light Industrial (LI) zoning district. Convenience store with gasoline sales require Specific Use Permit, in addition the site lies within the State Highway 161 (SH-161) corridor requiring P&Z and City Council oversight for new development.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map (FLUM) of the 2010 Comprehensive Plan shows this area as appropriate for Light Industrial Uses (LI) uses. This use is consistent with this FLUM designation.
BACKGROUND:
Established in the Fall of 2016 as an outparcel to the Restoration Hardware development, Pioneer Crossing/SH 161 Addition dedicated access and utility easements to accommodate future development of the property. While the 1.6 acre tract is an outparcel left over after this adjacent development, It is very limited in size for other industrial or commercial uses.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
Parking and Access
The 1.612-acre property is undeveloped. Two access points have been provided, one to Pioneer Parkway and one to the S.H. 161 service drive, which provides direct linkage via off-site access easement through the property to the southeast to the northwest. The site will be developed with a 3,000-square-foot convenience store, gasoline pumps, and associated parking. The table below provides details regarding parking.
Article 10 indicates the parking requirement for a service station is one space per 400 square feet with a minimum of six spaces.
|
Building Area |
Parking Rate |
Required |
Provided |
Meets |
|
3,000 s.f. |
1 sp/400 s.f. = 8 |
8 |
19 |
Yes |
SUP Operation
The statement of operation indicates the service station will operate 24-hours per day, seven days per week selling fuel for automobiles and light trucks; as well as, limited convenience items, including bagged ice and small propane tank exchange. A convenience store with gasoline sales is a permissible use, subject to approval of a specific use permit, within the Light Industrial (LI) District.
ZONING REQUIREMENTS
Dimensional Requirements
The subject site is zoned Light Industrial and is located in the SH-161 Overlay Corridor. The table that follows provides an analysis of the proposal’s compliance with the LI District provisions. The proposal meets all applicable minimum dimension requirements outlined in UDC.
|
Standard |
Required |
Provided |
Meets |
|
Minimum Site Area |
15,000 s.f. |
70,237 s.f. |
Yes |
|
Minimum Lot Width |
100 ft. |
294 ft. |
Yes |
|
Minimum Lot Depth |
150 ft. |
249 ft. |
Yes |
|
Front Yard |
25 ft. |
54 ft. |
Yes |
|
Rear Yard |
0 |
15 ft. |
Yes |
|
Side Yard |
10 ft. |
55 ft. |
Yes |
|
Maximum Height |
25 ft. |
24 ft. |
Yes |
|
Maximum F.A.R. |
1:1 |
0.02:1 |
Yes |
|
Minimum Masonry |
100% |
100% |
Yes |
All of the minimum requirements have been met.
Elevations
The elevations as proposed are consistent with the UDC requirements. The UDC requires façades to be 100% masonry, excluding doors and windows. The project is within the SH-161 Corridor Overlay District and is subject to the provisions contained in Appendix F of the UDC. While, the UDC requires 100% masonry, the Appendix F allows 80% primary masonry and 20% secondary masonry. The applicant is proposing a brick and stone façade. Based on the information submitted by the applicant, the proposal meets the minimum requirements.
|
Façade |
Total Area |
Reductions* |
Resultant Area |
Masonry Area |
Masonry % |
Meets |
|
Northeast |
1522 s.f. |
287 s.f. |
1235 s.f. |
1235 s.f. |
81% |
Yes |
|
Southwest |
1325 s.f. |
269 s.f. |
0 s.f. |
1056 s.f. |
80% |
Yes |
|
Northwest |
753 s.f. |
167 s.f. |
0 s.f. |
586 s.f. |
80% |
Yes |
|
Southeast |
823 s.f. |
158 s.f. |
0 s.f. |
665 s.f. |
80% |
Yes |
Landscape
The subject site is governed by the UDC, and SH 161 Overlay standards. The requirements are as follows: Including a minimum thirty-foot (30’) landscape edge along State Highway 161 Service Road and Pioneer Parkway.
|
Standard |
Required |
Provided |
Meets |
|
Minimum Landscape Area 4% (70,321 s.f.) |
2,809 s.f. |
31,813 s.f. (45%) |
Yes |
|
5-ft. wide sidewalks |
Pioneer Parkway SH-161 Frontage Road |
Yes |
Yes |
|
Street Trees: 1 tree/25 - 50 l.f. |
Pioneer Parkway = 5 SH-161 Frontage Road = 6 |
6 7 |
Yes |
|
Trees: 1/500 s.f. required landscape |
6 |
22 |
Yes |
|
Parking Lot Trees: 1 tree/20 parking spaces |
2 |
3 |
Yes |
|
Shrubs: 1/50 s.f. required landscape |
57 |
225 |
Yes |
|
All trees are minimum 3 in. caliper |
3 |
3 |
Yes |
The site plan complies with all of the minimum landscape requirements set forth in the UDC.
REQUESTED APPEALS BY APPLICANT:
No appeals have been requested.
CORRIDOR CONCERNS:
Currently, there is a convenience store w/gasoline sales operating at the northeast corner of S.H. 161 and Main Street and another at the southeast corner of Interstate 20 and Lakeridge Parkway, a 6-lane divided arterial directly transitioning from S. H. 161. Further, there is also another fueling facility with a small convenience store, owned by Walmart, which is being constructed at the northeast corner of Arkansas Lane and S. H. 161. Based on the size of the site at 1.6 acres; the development options are limited.
Staff suggests that the proposed 24-hour convenience store, while compliant with the minimum development standards and in many areas exceed the standards required for approval. While the proposal meets the technical requirements of the Unified Development Code,there are concerned about the potential proliferation of convenience stores with gasoline sales along the S.H. 161 corridor is not in keeping with the city’s vision of establishing a premier retail corridor and destination center (Central Park/EPIC water park & rec. center) that are intended to attract visitors from throughout the Metro-Plex and beyond.
While DRC has concerns about the proliferation of Gas Sales/Convenience Stores in the Corridor, if this case is considered for approval, DRC recommends the following conditions.
1. The site plan shall be consistent with all regulations in the UDC as amended.
2. All operations shall conform to the site plan and operational plan as approved by City Council under case number SU170504/S170510.
3. Operations must be in compliance with the TDSHS-Texas Food Establishment Rules and local ordinances regarding food service.
4. Dedication by separate instrument a sidewalk easement along the eastern portion of the property to accomodate a public sidewalk.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning & Zoning Commission recommeded approval subject to DRC's recommended conditions as presented.
Body
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND MAP SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR A SPECIFIC USE PERMIT FOR A CONVENINCE STORE WITH GASOLINE SALES IN A LIGHT INDUSTRIAL (LI) DISTRICT, TO WIT: BEING A 1.612 ACRE TRACT OF LAND, PIONEER CROSSING/SH 161 ADDITION, BLOCK A, LOT 1, IN THE CITY OF GRAND PRAIRIE, TARRANT COUNTY, TEXAS, SAID ZONING ORDINANCE AND MAP 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 allow a Convenience Store with Gasoline Sales in the Light Industrial (LI) District;
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 Convenience Store with Gasoline Sales Light Industrial (LI) District are 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 5 to 2 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to allow a Convenience Store with Gasoline Sales in the 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 16, 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 Zoning Ordinance and Map 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…”
and passed and approved November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit numbered 1021 for the property location as shown in attached Exhibit D - Location Map and as legally described as follows:
BEING Pioneer Crossing/SH 161 Addition, Block A, Lot 1 situated in the D.R. Cameron Survey, Abstract No. 295, in the City of Grand Prairie, Dallas County, Texas, containing 70,237 square foot or 1.612 acres of land.
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: STANDARDS AND CONDITIONS
For operations of a Convenience Store with Gasoline Sales in the Light Industrial (LI), the following standards and conditions are hereby established as part of this ordinance:
1. The development shall maintain compliance with State Highway 161 (SH-161) Corridor Overlay District Standards.
2. The development shall adhere to the City Council approved Site Plan, Building Elevations, and Landscape Plan (as contained within attached Exhibits A, B, and C).
3. All operations shall conform to the site plan and operational plan as approved by City Council under case number SU170504/S170510.
4. Dedication by separate instrument a sidewalk easement along the eastern portion of the property to accommodate a public sidewalk.
5. Must be in compliance with TDSHS - Texas Food Establishment Rules and local ordinances regarding food service.
SECTION 4: COMPLIANCE
All development must conform to the approved site plan and all exhibits incorporated as exhibits to this ordinance, as well as those 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 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 ON THIS THE 16TH DAY OF MAY 2017.
Ordinance No. 10263-2017
Specific Use No. 1021
Case No. SU170504/S70510