From
Chris Hartmann
Title
S121003/SU121001 - Site Plan/Specific Use Permit - 2640 W. Interstate 20 (City Council District 4). Approval of a Site Plan and a Specific Use Permit for a restaurant with drive-through on 1.29 acres. The subject property is zoned Planned Development 32 (PD-32) District and is situated on the north side of W. Interstate 20, being generally located west of S. Great Southwest Parkway. The property is located within the Interstate Highway 20 (IH-20) Overlay District. The owner/applicant is Legacy Holdings LLC. (On October 1, 2012, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0.)
Presenter
Director of Planning and Development Bill Crolley
Recommended Action
Approve
Analysis
SUMMARY:
Consideration of a request for the approval of a Site Plan and a Specific Use Permit for a restaurant with drive-through on 1.29 acres. The subject property is zoned Planned Development 32 (PD-32) District and is situated on the north side of W. Interstate 20, being generally located west of S. Great Southwest Parkway. The property is located within the Interstate Highway 20 (IH-20) Overlay District.
ADJACENT LAND USES AND ACCESS:
North - To the north is property Planned Development 32 (PD-32) District for General Retail (GR) uses and is developed with a Garden Ridge and Northern Tool retail stores.
South - Immediately to the south is the west bound Interstate 20 access road and W. Interstate 20 (I-20), a highway of limited access. Farther south across I-20 right-of-way property is zoned Planned Development 140 (PD 140) and is an undeveloped multi-family site.
East - To the east property is zoned Planned Development 32 (PD-32) and is developed with parking for the Northern Tool site.
West - To the west property is zoned Planned Development 32 (PD-32) and is developed with parking for the Garden Ridge site.
PURPOSE OF REQUEST:
All drive-through and drive-in establishments for restaurants and banking facilities require the approval of a Specific Use Permit in all zoning districts where they are permitted per Article 4, "Permissible Uses" of the Unified Development Code, Section 4.8.4. This submittal is made in conformance with that requirement.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
This site is 56,184 square feet or 1.29 acres, and is currently undeveloped. The applicant is proposing a 9,660 square foot brick and stone masonry building. The site is proposed as a retail lease space. The applicant currently has two restaurants and a telecommunications company which have indicated intent to lease space in the building. The restaurants will occupy the eastern and western ends of the building. The western lease space will be approximately 1,400 square feet and will be occupied by a sandwich shop with the drive through. The drive through lane will circle the building with the exit on the northwest corner into a parking area. The menu board will be located on the north side of the building. The eastern restaurant lease space will be a walk in, casual, Tex-Mex restaurant.
The site will be paved with concrete that meets current city standards. A cross access easement is located at the front adjacent to the access road, and at the rear of the building to the north. The applicant is incorporating existing street trees into the proposed landscaping and will be adding screening shrubs and decomposed granite on the south. An additional landscaping island will be located at the southwest corner of the building. Tree islands with additional shrubs and decomposed granite will be located in the parking area to the north. Landscaping requirements for the General Retail (GR) District is 5% of the total site. The applicant is proposing 11.5% for this site. All landscaping shall meet city standards and will be irrigated.
Because of the restaurant seating capacities being proposed, Fire Administration has required that the building have a fire sprinkler system. The proposed dumpster, is shown at the northeast corner of the building. It will be screened inside a masonry fence that will match the proposed building.
The applicant has indicated that the proposed sandwich shop restaurant will have a staff of five to twenty employees and their hours of operation will be from 10:30 a.m. to 10:00 p.m. seven days a week.
ZONING HISTORY:
Current zoning is Planned Development 32 (PD-32) for General Retail (GR) uses.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map of the November 2010 Comprehensive Plan Update designates this area for Commercial uses. The proposed retail and restaurant uses are permitted uses in a Commercial (C) District. The drive through is permitted with the approval of a Specific Use Permit. Staff has determined that the proposed use is in conformance with the 2010 Comprehensive Plan.
PROJECT'S VESTED STATUS:
This property is platted as Lot 2R3, Block A, Prairie Ridge Center Addition. Vesting established by the Final Plat is deemed valid since there has been a measurable progress of development since the approval of the Final Plat. However, submittal of this Specific Use Permit application will vest this project to development standards in place for the proposed use as of the date of application submittal of August 14, 2012.
DENSITY AND DIMENSIONAL IMPACTS:
Density and dimensional standards are highlighted in the attach.
REQUESTED APPEALS BY APPLICANT:
No appeals are being requested by the applicant.
RECOMMENDATION:
Since the applicant is not requesting any appeals of the Unified Development Code, the Development Review Committee recommends full support of the request for a Specific Use Permit for a restaurant with a drive-through in a Planned Development 32 (PD-32) District for commercial uses.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR A SPECIFIC USE PERMIT FOR A RESTAURANT WITH A DRIVE-THROUGH ON 1.29 ACRES WITHIN PLANNED DEVELOPMENT 32 (PD-32) DISTRICT, ON LOT 2R3, BLOCK A, PRAIRIE RIDGE CENTER ADDTION, IN THE CITY OF GRAND PRAIRIE, TARRANT COUNTY, TEXAS, AND BEING ADDRESSED AS 2640 W. INTERSTATE 20, 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 a Specific Use Permit for a Restaurant with Drive-Through in Planned Development 32 (PD-32) District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on October 1, 2012, 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 in Planned Development 32 (PD-32) 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 9 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 in Planned Development 32 (PD-32) 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 October 16, 2012 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 904 for the property location described as follows:
Being addressed as 2640 W. Interstate 20, and being , Lot 2R3, Block A, Prairie Ridge Center Addition in the City of Grand Prairie, Tarrant County, Texas, and as shown on the approved site plan labeled as Exhibit 'A', which is incorporated herein by reference.
SECTION 2.
Specific Use Permit
FOR OPERATION OF A RESTAURANT WITH A DRIVE-THROUGH. The following conditions are hereby established as part of this ordinance:
1. All operations must conform to the Operational Plan and Site Plan signed and approved under case file SU121001.
2. Light sources shall be oriented toward the center of the site or shielded so as to not be visible from the nearest property line. This applies to refractory lenses that extend beyond the lighting fixture and are designed to redirect the lighting source downward.
3. A nighttime inspection will be done by the City of Grand Prairie, Code Enforcement Division to determine whether the light sources meet ordinance requirements.
4. The order menu and speaker system must be adjusted and directed so that it does not project beyond immediate service areas to the north of the Site Plan area.
5. All development and use of the site will meet performance standards relating to noise, glare, smoke or particulate matter, odorous matter, and vibration as specified in the City of Grand Prairie, Code of Ordinances, Chapter 13, "Health and Sanitation." Including, but not limited to:
Article II. Food and Food Establishments
Article IV. Air Pollution Control
Article XIII. Noise Restrictions
6. The restaurant must be in compliance with TDSHS - Texas Food Establishment Rules, and local ordinances regarding food service.
7. 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. The City of Grand Prairie Environmental Services Department inspects and monitors any new or relocated cross-connection control devices.
8. 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.
[City code 26-53]
9. All landscaping must be designed, installed, irrigated and maintained in accordance with Article 8, "Landscaping and Screening Standards" of the Unified Development Code.
SECTION 3.
Compliance
All development must conform to the approved Site Plan labeled as Exhibit 'A', which is herein incorporated by reference.
1. The Specific Use Permit (SUP) shall automatically terminate in accordance with Section 5.4.1 of the Unified Development Code if no building permit is issued for a "Restaurant with a Drive-Through" within one (1) year after City Council adoption of this Ordinance, or upon cessation of the use for a period of six (6) months or more.
2. Furthermore, by this SUP Ordinance, the Specific Use Permit shall automatically terminate if no certificate of occupancy is issued for a "Restaurant with a Drive-Through" within six (6) months after the issuance of a building permit.
3. The operation of this site shall be in strict compliance with the requirements of this SUP 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.
SECTION 4.
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 5.
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 6.
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 16th of october, 2012.
ORDINANCE NO. 9444-2012
CASE NUMBER NO. S121003/SU121001
SPECIFIC USE PERMIT NO. 904