From
Chris Hartmann
Title
SU180101/S180104 - Specific Use Permit/Site Plan - Albertsons Drive Through (City Council District 5). Specific Use Permit and Site Plan authorizing the construction and operation of an ATM drive thru at an existing grocery store on 6.29 acres. Lot 1R, Block 9, Dalworth Park, City of Grand Prairie, Dallas County, Texas generally located at the southwest corner of N. Carrier Pkwy and Dalworth St and addressed as 215 N. Carrier Pkwy. Zoned General Retail (GR) District, within the SH 161 Overlay District. The applicant is Clinton Coultas and the owner is Jeff Kagey, Legacy Texas Bank. (On January 8, 2018, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0).
Presenter
David P. Jones, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
A Specific Use Permit and Site Plan authorizing the construction and operation of an ATM drive thru on 6.29 acres. Lot 1R, Block 9, Dalworth Park, City of Grand Prairie, Dallas County, Texas generally located at the intersection of N. Carrier Pkwy and Dalworth St and addressed as 215 N. Carrier Pkwy. Zoned General Retail (GR) District, within the SH 161 Overlay District.
ADJACENT LAND USES AND ACCESS:
North - The property directly north is zoned General Retail (GR) District and Planned Development-95 District and currently has retail and residential uses.
South - The property south of the subject property is zoned General Retail (GR) District and currently has retail uses.
East - The property east of the subject property is zoned General Retail (GR) District and currently has retail uses.
West - West of the subject property is zoned General Retail (GR) and Single Family-4 (SF-4). Currently there are existing single family detached residential homes west of the property.
PURPOSE OF REQUEST:
The applicant is seeking approval for a Specific Use Permit to authorize the construction and operation of an ATM drive thru next to the existing Albertson's. A Specific Use Permit is required for any drive-through within 300 feet of a residential zoning district or within a designated Overlay District.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The proposed use includes an ATM drive-through. The drive-through lane provides the required number of stacking spaces. A car utilizing the drive-through would go through the former outdoor garden center, pull up to an ATM at the north side of the building, and exit onto Dalworth. The site is accessible from Dalworth St, Fort Worth St, and N. Carrier Pkwy.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The 2010 Comprehensive Plan’s Future Land Use Map (FLUM) designates the area as General Retail. Appropriate uses include office, service, and retail. The proposal is consistent with the FLUM.
ZONING REQUIREMENTS:
Density and Dimensional Requirements
Table 1: Site Data Summary
|
Standard |
Required |
Meets |
|
Min. Lot Area (Sq. Ft.) |
5,000 |
Yes |
|
Min. Lot Width (Ft.) |
50 |
Yes |
|
Min. Lot Depth (Ft.) |
100 |
Yes |
|
Front Setback (Ft.) |
25 |
Yes |
|
Rear Setback (Ft.) |
0 |
Yes |
|
Stacking Spaces 6 |
Yes |
|
|
Max. Height (Ft.) |
25 |
Yes |
Landscape & Screening Requirements
The existing landscaping currently meets the city requirements per the City of Grand Prairie Unified Development Code. Any existing trees which are removed for construction must be replaced elsewhere on site.
Building Materials
The building currently provides 100% masonry. With the addition of the ATM drive thru, the masonry will remain with a slight change in color and texture.
RECOMMENDATION:
Development Review Committee recommends approval of the request pending the following conditions:
1. Prior to construction, the applicant provides a study analyzing vertical alignment of the drive onto Dalworth, showing visibility of oncoming traffic in accordance with the City’s Unified Development Code.
2. That the existing egress doors into the drive lane be removed or secured from entry or exiting into the drive lane.
P&Z RECOMMENDAITON:
At its January 8, 2018 meeting, the Planning and Zoning Commission voted 8-0 to recommend approval.
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE ZONING ORDINANCE AND MAP SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR A SPECIFIC USE PERMIT TO ALLOW AN ATM DRIVE THRU AT AN EXISTING GROCERY STORE IN THE GENERAL RETAIL (GR) DISTRICT, TO WIT: BEING AN APPROXIMATELY 6.29 ACRE TRACT OF LAND SITUATED WITHIN LOT 1R, BLOCK 9, DALWORTH PARK, IN THE CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BELOW; 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 an ATM Drive Thru at an Existing Grocery Store in the General Retail (GR) District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on January 8, 2018, 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 the ATM Drive Thru at an Existing Grocery Store in the General Retail (GR) 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 8 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to allow an ATM Drive Thru at an Existing Grocery Store in the General Retail (GR) 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 P.M. on January 23, 2018, 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 1040 for the property location as shown in attached Exhibit A - Location Map and as legally described as follows:
BEING LOT 1R, BLOCK 9, DALWORTH PARK, 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: STANDARDS AND CONDITIONS
For operations of an ATM Drive Thru at an Existing Grocery Store in the General Retail (GR) District, the following standards and conditions are hereby established as part of this ordinance:
1. The development shall maintain compliance with all Federal, State and Local regulations; including, but not necessarily limited to, all applicable standards and regulations of the Grand Prairie Municipal Code and Unified Development Code.
2. The development shall adhere to the City Council approved Exhibit A - Location Map.
3. The operation shall be limited to the 6.29 acres shown in the City Council approved Exhibit B - Site Plan.
4. Driveway placement and engineering is subject to requirements of the Transportation Department of the City of Grand Prairie, which may include a third-party study to determine recommendations for design of the driveway onto Dalworth Street.
5. The existing doors on the north side of the building shall be made inoperable where adjacent to the approved drive-through lane, and shall remain inoperable until such time as the drive-through use is abandoned or changed.
SECTION 4: COMPLIANCE
All development must conform to the approved site plan and all exhibits incorporated herein, 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 building permit has not been obtained on the premises 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 23RD DAY OF JANUARY, 2018.
Ordinance No. 10424-2018
Specific Use No. 1040
Case No. SU180101/S180104