From
Chris Hartmann
Title
SU161002/S161002 - Specific Use Permit/Site Plan - Murphy Oil (City Council District 2). Approve a specific use permit and site plan to construct and operate a convenience store with gasoline sales. The 1.04-acre property located at the southeast corner of the Arkansas Lane/State Highway-161 (SH-161) intersection, is zoned Planned Development 273A (PD-273A) District for General Retail and Commercial uses and is within the SH-161 Corridor Overlay District. The agent is Lew Richey, Lew Richey & Associates, Inc. . (On November 7, 2016, the Planning and Zoning Commission recommended denial of this request by a vote of 7-2). This case is being appealed per Article 1 Section 1.11.5.9 of the Unified Development Code.
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 convenience store with gasoline sales. The 1.04-acre property located at the southeast corner of the Arkansas Lane/State Highway-161 (SH-161) intersection, is zoned Planned Development-273A (PD-273A) District for General Retail and Commercial uses and is within the SH-161 Corridor Overlay District.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Use |
|
North |
PD-351 for General Retail and Commercial Uses |
Retail Shopping Center (Walmart) |
|
South |
PD-273A for General Retail and Commercial Uses |
Undeveloped |
|
East |
PD-273A for General Retail and Commercial Uses |
Undeveloped |
|
West |
State Highway 161 |
PURPOSE OF REQUEST:
The applicant is requesting approval of a specific use permit and site plan to construct and operate a 1,200-square-foot convenience store with gasoline sales on 1.04 acres in PD-273A district. The subject site is zoned PD-273A for General Retail and Commercial Uses.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map (FLUM) of the 2010 Comprehensive Plan shows this area as appropriate for Commercial, Retail, and Office (CRO) uses. This use is consistent with this FLUM designation.
BACKGROUND:
On August 16, 2016, an application was submitted to develop a convenience store with gasoline sales on 1.04 acres in PD-273A.
On September 22, 2016, and October 27, 2016, Development Review Committee (DRC) meetings were 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 October 24, 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 November 7, 2016, the item is scheduled to be heard by the Planning and Zoning Commission.
On November 15, 2016, the item is scheduled to be heard by the City Council.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
Parking and Access
The 1.04-acre property is undeveloped. Two access points have been provided, one to Arkansas Lane and one to the S.H. 161 service drive, which links to a mutual access easement through the property to the east. The site will be developed with a 1,200-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 |
|
1,200 s.f. |
1 sp/400 s.f. = 3 |
6 |
6 |
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 General Retail (GR) District.
ZONING REQUIREMENTS
Dimensional Requirements
The subject site is zoned PD-273A for General Retail (GR) and Commercial (C) uses. The more restrictive zoning designation is GR. The table that follows provides an analysis of the proposal’s compliance with the GR District provisions. The proposal meets all applicable minimum dimension requirements outlined in UDC.
|
Standard |
Required |
Provided |
Meets |
|
Minimum Site Area |
5,000 s.f. |
50,092 s.f. |
Yes |
|
Minimum Lot Width |
50 ft. |
185 ft. |
Yes |
|
Minimum Lot Depth |
100 ft. |
276 ft. |
Yes |
|
Front Yard |
25 ft. |
25 ft. |
Yes |
|
Rear Yard |
0 |
10 ft. |
Yes |
|
Side Yard |
10 ft. |
10 ft. |
Yes |
|
Maximum Height |
25 ft. |
14 ft. |
Yes |
|
Maximum F.A.R. |
0.35:1 |
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 |
|
North |
658 s.f. |
221 s.f. |
437 s.f. |
348 s.f. |
80% |
Yes |
|
South |
658 s.f. |
179 s.f. |
479 s.f. |
384 s.f. |
80% |
Yes |
|
East |
398 s.f. |
116 s.f. |
283 s.f. |
253 s.f. |
90% |
Yes |
|
West |
398 s.f. |
89 s.f. |
309 s.f. |
300 s.f. |
97% |
Yes |
Landscape
The subject site is governed by the UDC. The requirements are as follows:
|
Standard |
Required |
Provided |
Meets |
|
Minimum Landscape Area (5% 50,092 s.f.) |
2,505 s.f. |
13,524 s.f. |
Yes |
|
5-ft. wide sidewalks |
Arkansas Lane SH-161 Frontage Road |
Yes |
Yes |
|
Street Trees: 1 tree/25 - 50 l.f. |
Arkansas Lane = 4 SH-161 Frontage Road = 6 |
4 6 |
Yes |
|
Trees: 1/500 s.f. required landscape |
5 |
5 |
Yes |
|
Parking Lot Trees: 1 tree/20 parking spaces |
1 |
1 |
Yes |
|
Shrubs: 1/50 s.f. required landscape |
51 |
228 |
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.
STAFF CONCERNS:
Staff suggests that the proposed convenience store, while compliant with the minimum development standards required for approval, may not be the highest and best use of the property. While the proposal meets the technical requirements of the Unified Development Code, staff are concerned that 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.
Staff further contends that this particular proposal is less desirable, due to its small retail footprint, than many of the modern convenience stores, such as the two noted convenience stores w/gasoline sales that book-end this segment of the S.H. 161 corridor. Modern convenience stores are typically two to three times larger than what is being proposed. They also offer considerable more product selection, including made to order food products, for customers to choose from. In effect, these modern convenience stores, in addition to providing fuel sales to a passing through motorist, serve as a local neighborhood market to nearby residents.
* 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.
RECOMMENDATION:
The Development Review Committee recommends the following:
1. The site plan shall be consistent with all regulations in the UDC as amended.
2. Construction of the building and the canopy shall comply with the approved site plan package approved by the City Council.
3. All operations shall conform to the site plan and operational plan as approved by City Council under case number SU161002/S161002.
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. Although the floodplain is not located on this parcel, the property is located within 200 feet of the floodplain. Therefore, a floodplain development permit (Part 1) will be required prior to obtaining an earthwork and/or building permit from the City. The floodplain development permit can be accessed at: <http://70.128.162.44:8080/public/Engineering%20Standards/Permit_Forms/Floodplain_Permits/>
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: NO COMMENTS
SITE PLAN:
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, 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 26-105(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>
ATMOS GAS: Richard Johnson, 620-332-7662
M. 1. A 2400 foot main extension would be required to serve this customer.
TRANSPORTATION SERVICES: Daon Stephens, (972) 237-8319
M. 1. Applicant should take a look at (analyze and get a determination for) the proposed drive at the median opening on Arkansas before moving forward with this plan. At platting they were advised that they may not get the proposed drive and if that is the case they may want to adjust the driveway to Arkansas since they will only be able to only have one drive to serve the entire development.
M. 2. The drive onto SH 161 requires TxDOT approval.
M. 3. Show the distance from the driveway to the intersection (150’ required).
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 CONVENIENCE STORE WITH GASOLINE SALES IN PLANNED DEVELOPMENT-273A (PD-273A) DISTRICT TO WIT: BEING A 1.15 ACRES OUT OF THE D.R. CAMERON SURVEY, ABSTRACT NO. 295, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE ARKANSAS LANE/STATE HIGHWAY 161 INTERSECTION, ADDRESSED AS A PORTION OF 951 ARKANSAS LANE; 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 convenience store with gasoline sales; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on November 7, 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 convenience store with gasoline sales 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 2 to recommend to denial to 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; 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 November 15, 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 XXX for a portion of the property addressed 951 Arkansas Lane, legally described in Exhibit A - Legal Description and depicted in Exhibit C - Location Map; both 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 convenient store with gasoline sales in planned development-273a district for retail and commercial uses; the following standards and conditions are hereby established as part of this ordinance:
1. The development shall adhere to the City Council approved Exhibit B - 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 SU161002/S161002.
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 15th of november, 2016.
ordinance no. xxxx-2016
specific use permit no. xxxx
case no. su161002/s161002