From
Chris Hartmann
Title
SU150402/S150403 - Specific Use Permit/Site Plan - 201 W Jefferson Street (City Council District 2). Approval of a Specific Use Permit for a drive-through restaurant, Taco Hut. The subject site is addressed as 201 W. Jefferson St., located generally south of W. Main St. and west of Center St., and is zoned Central Area (CA) district within Central Business District 2 (CBD 2). The applicant is Jay Woo and the owner is Ozkan Ozturk, Ozmir Inc. (On April 6, 2015, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0.)
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approval
Analysis
PURPOSE OF REQUEST:
The applicant is proposing to add 1000ft of restaurant space to the existing building onsite. The site currently operates as a gas station/convenience store. The applicant is proposing to have a drive-thru lane in conjunction with the proposed restaurant, Taco Hut. The Unified Development Code (UDC) requires all drive-thru restaurants located within a designated corridor overlay district to obtain a Specific Use Permit in order to operate. The property is located within Central Business District 2 (CBD 2) and is, therefore, required to obtain a Specific Use Permit
ADJACENT ZONING:
North - Immediately to the north of this property is W Jefferson St classified on the Master Transportation Plan as a principal six divided roadway (P6D), properties to the north of W Jefferson St are zoned Central Area (CA) and are located within CBD 2.
South- Property is zoned Central Area (CA) and are located within CBD 2.
East- Property is zoned Central Area (CA) and are located within CBD 2.
West- Property is zoned Central Area (CA) and are located within CBD 2.
BACKGROUND:
November 6, 2007: City Council approved Appendix R, "Central Business Districts", of the Unified Development Code.
February 17, 2015: The Planning staff processed an application for the approval of a Specific Use Permit for a Drive-Thru Restaurant.
March 26, 2015: The Development Review Committee (DRC) meeting was 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.
March 27, 2015: A legal notice was mailed to affected property owners and notice of the upcoming public hearing was published in the Fort Worth Star Telegram.
April 6, 2015: This item is scheduled to be heard by the Planning and Zoning Commission.
April 21, 2015: This item is scheduled to be heard by the City Council.
PROPOSED USE AND CHARACTERISTICS
Operations
The site currently operates as a gas station/convenience store. The applicant is proposing to construct a 1000sqft addition to the southern side of the primary building and operate a Taco Hut drive-thru restaurant. The site plan shows the drive-thru area will require one-way traffic around the southern of the property. The drive-thru will provide for at least 6 stacking spaces.
Dimensional Requirements
The submitted site plan shows compliance with all the dimensional requirements of the UDC for development within a Central Area (CA) District. The following table is an analysis showing conformance with the UDC requirements.
Central Area (CA) District |
Standard |
Required |
Provided |
Meets |
Minimum Site Area |
5,000sqft |
37,835 (0.87 acres) |
Yes |
Minimum Lot Width |
50ft |
175ft |
Yes |
Minimum Lot Depth |
100ft |
262ft |
Yes |
Front Yard |
0ft |
exceeds |
Yes |
Side Yard |
NA |
NA |
NA |
Rear Yard |
NA |
NA |
NA |
Floor Area Ratio |
2:1 |
0.16:1 |
Yes |
Maximum Height |
50ft |
18ft |
Yes |
|
|
|
|
Parking and Access:
The applicant's property fronts 3 streets and will have access from W Jefferson, SW 3rd St., and SW 2nd St. The applicant currently has 2 access points on SW 3rd St and 2 access points on SW 2nd St which do not meet the spacing requirements of the UDC. In order to comply with the drive access requirements of the UDC, the applicant is proposing to close the most southern access points on SW 3rd and SW 2nd streets.
In order to comply with on-site parking requirements, the applicant is required to provide 15 parking spaces, including 1 handicapped space. The applicant will be providing 17 parking spaces and will exceed the minimum requirements of the UDC.
Parking Table:
Standard |
Parking Rate |
Required |
Retail |
1/275sqft |
10 |
Restaurant |
1/100sqft of dining/waiting areas |
5 |
Handicapped Spaces |
1-25 Spaces |
1 |
Landscape and Screening:
The applicants current landscaping meets the minimum standards of the UDC and will not be required to make any changes.
Elevations and Masonry:
UDC requires all non-residential structures in Central Area districts, excluding doors and windows, to be constructed of 85% masonry. The proposed addition exceeds the minimum masonry requirements.
Elevation Materials |
|
North |
East |
South |
West |
Total % |
Masonry (Brick and/or stone) |
100% |
100% |
100% |
100% |
100% |
Total(1) |
100% |
100% |
100% |
100% |
100% |
|
|
|
|
|
|
(1) - Excluding Doors/Windows.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map (FLUM) of the 2010 Comprehensive Plan shows this area as appropriate for a mixture of retail, high density residential, personal service and some limited office uses in a pedestrian oriented development. This development is consistent with the FLUM.
REQUESTED APPEALS BY APPLICANT:
There are no requests for appeals.
RECOMMENDATION:
The Planning and Zoning Commission recommended approval of this request on April 2, 2015, by a vote of 9-0, with the following conditions, as recommended by staff:
1. The development shall conform to the City Council approved Site Plan (Exhibit A - Site Plan) and Building Elevations (Exhibit B - Building Elevations);
2. As outlined within the Operational Plan contained within the Specific Use Permit Application File No. SU150402/S150403, and as more specifically stated and codified herein, the development shall adhere to the following operational standards:
A. All operations shall be conducted entirely on-site. The public right-of-way shall not be utilized for business activities;
B. The drive aisle to the south of the primary building's front elevations shall be one way as shown on the Site Plan (Exhibit A);
C. The southern drive access on SW 3rd St and the southern drive access on SW 2nd St shall be closed as shown on the Site Plan (Exhibit A);
D. Must be in compliance with TDSHS - Texas Food Establishment Rules and local ordinances regarding food service;
E. Must comply with any outstanding Development Review Committee comments for the Specific Use Permit found in File No. SU150402/S150403;
F. Must submit a mylar copies of the approved Site Plan and Building Elevations to the City Planning Department; and
3. Future expansions to this facility will require the submittal of a revised site plan for review and approval to the Planning Department.
Body
AN ORDINANCE AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR A SPECIFIC USE PERMIT FOR A DRIVE-THRU RESTAURANT, TO WIT: BEING LOT 1, BLOCK 13, ORIGINAL TOWNSITE, DALLAS 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; 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 for a Specific Use Permit for a Drive-Thru Restaurant; and;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on April 6, 2015, 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 Specific Use Permit for a Drive-Thru Restaurant; 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 approval to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to allow a Specific Use Permit for a Drive-Thru Restaurant; 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 April 21, 2015 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 I.
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..."
and passed and approved November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit numbered 953 for the property location described as follows:
201W. Jefferson Street, also being described as being Lot 1, Block 13, Original Townsite, Dallas County, Texas.
SECTION 2: Specific Use Permit
FOR OPERATION OF A DRIVE-THRU RESTAURANT
1. The development shall conform to the City Council approved Site Plan (Exhibit A - Site Plan) and Building Elevations (Exhibit B - Building Elevations);
2. As outlined within the Operational Plan contained within the Specific Use Permit Application File No. SU150402/S150403, and as more specifically stated and codified herein, the development shall adhere to the following operational standards:
A. All operations shall be conducted entirely on-site. The public right-of-way shall not be utilized for business activities;
B. The drive aisle to the south of the primary building's front elevations shall be one way as shown on the Site Plan (Exhibit A);
C. The southern drive access on SW 3rd St and the southern drive access on SW 2nd St shall be closed as shown on the Site Plan (Exhibit A);
D. Must be in compliance with TDSHS - Texas Food Establishment Rules and local ordinances regarding food service;
E. Must comply with any outstanding Development Review Committee comments for the Specific Use Permit found in File No. SU150402/S150403;
F. Must submit a mylar copies of the approved Site Plan and Building Elevations to the City Planning Department; and
3. Future expansions to this facility will require the submittal of a revised site plan for review and approval to the Planning Department.
SECTION 3: Compliance
All development must conform to the approved Development Plans, which are herein incorporated by reference.
1. By this SUP Ordinance, this Specific Use Permit shall automatically terminate if a Certificate of Occupancy is not issued for a Specific Use Permit for a Drive-Thru Restaurant; 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 City Council shall conduct a public hearing one (1) year after City Council approval of the Site Plan to confirm compliance with all applicable codes which shall include, but not be limited to, 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.
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.
4. 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.
5. 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
6. The Certificate of Occupancy shall note the existence of this Specific Use Permit by its SUP number and title.
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 21st of April, 2015.
ORDINANCE NO. 9851-2015
CASE NO. SU150402/S150403
SPECIFIC USE PERMIT NO. 953