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File #: 18-7665    Version: 1 Name: SU180301/S180301 - Specific Use Permit/Site Plan - Quickstop
Type: Ordinance Status: Adopted
File created: 2/21/2018 In control: Planning and Zoning Commission
On agenda: 6/19/2018 Final action: 6/19/2018
Title: SU180301/S180301 - Specific Use Permit/Site Plan - Quickstop (City Council District 6). Specific Use Permit and Site Plan for Lake Ridge Quickstop consisting of approximately 8,000 square feet of retail including a Convenience Store with Gas Sales on approximately 2.03 acres. B B B & C RR Co, Abstract No. 1700, approximately 2.03 acres zoned PD-297C, in the Lake Ridge Corridor Overlay District and generally located west of the intersection of Lake Ridge Parkway and England Parkway. The applicant is Andy Patel, Lake Ridge Holdings, LLC and the owner is Ben Luedtke, Hanover Property Company. (On June 4, 2018, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0).
Attachments: 1. Exhibit A - Location Map.pdf, 2. Exhibit B - Legal Description.pdf, 3. Exhibit C - Site Plan.pdf, 4. Exhibit D - Landscape Plan.pdf, 5. Exhibit E - Building Elevations.pdf, 6. Exhibit F - Renderings.pdf, 7. SU180301 Mailing List.pdf, 8. PZ Draft Minutes 03-05-18.pdf, 9. PZ Draft Minutes 06-04-18.pdf

 

From

Chris Hartmann

 

Title

SU180301/S180301 - Specific Use Permit/Site Plan - Quickstop (City Council District 6). Specific Use Permit and Site Plan for Lake Ridge Quickstop consisting of approximately 8,000 square feet of retail including a Convenience Store with Gas Sales on approximately 2.03 acres.  B B B & C RR Co, Abstract No. 1700, approximately 2.03 acres zoned PD-297C, in the Lake Ridge Corridor Overlay District and generally located west of the intersection of Lake Ridge Parkway and England Parkway.  The applicant is Andy Patel, Lake Ridge Holdings, LLC and the owner is Ben Luedtke, Hanover Property Company. (On June 4, 2018, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0).

 

Presenter

David P. Jones, AICP, Chief City Planner 

 

Recommended Action

Approve

 

Analysis

SUMMARY:

 

Specific Use Permit and Site Plan for Lake Ridge Quickstop consisting of approximately 8,000 square feet of retail including a Convenience Store with Gas Sales on approximately 2.03 acres.  B B B & C RR Co, Abstract No. 1700, approximately 2.03 acres zoned PD-297C, in the Lake Ridge Corridor Overlay District and generally located west of the intersection of Lake Ridge Parkway and England Parkway.

 

PURPOSE OF REQUEST:

 

The applicant intends to develop a convenience store with gasoline sales in the Lake Ridge Corridor.  A convenience store with gasoline sales requires a Specific Use Permit.  Development within an overlay district or planned development district requires Site Plan approval.

 

ADJACENT LAND USES AND ACCESS:

 

North:                     Undeveloped land, owned by the US Army Corps of Engineers.

 

South:                      Undeveloped land zoned PD-297C for multi-family and mixed use, Lake Ridge Parkway, and undeveloped land owned by the US Army Corps of Engineers.

 

East:                     Undeveloped land zoned PD-297C for multi-family use, undeveloped land owned by the US Army Corps of Engineers, and Joe Pool Lake.

 

West:                     Lake Ridge Parkway and undeveloped land zoned PD-298A.

 

PROPOSED USE CHARACTERISTICS AND FUNCTION:

 

The proposed development includes an 8,000 sq. ft. building and fuel canopy with 4 pumps (8 fueling locations).  A convenience store will occupy half of the building and operate the fuel dispensers.  The other half of the building is intended for retail or restaurants and can be configured to accommodate up to three tenants.

 

A shared drive off of Lake Ridge Pkwy provides access to the site.  The drive aligns with England Pkwy and will also be used by the adjacent multi-family/mixed use development.  The parking provided exceeds what is required for 4,000 sq. ft. of retail and 4,000 sq. ft. of restaurants.

 

CONFORMANCE WITH COMPREHENSIVE PLAN:

 

The 2010 Comprehensive Plan’s Future Land Use Map (FLUM) designates this area as Mixed Use (MU).  Development in this category should include a mixture of retail, high density residential, personal service and some limited office uses in a pedestrian oriented development.  The proposal is consistent with the FLUM when considered as an integrated development with the multi-family and mixed use to the east and south.

 

BACKGROUND:

 

                     On March 5, 2018, the Planning and Zoning Commission voted 5-2 to recommend denial of the request.

                     Prior to the March 20th City Council meeting, the applicant added screening along Lake Ridge and submitted additional renderings.

                     On March 20, 2018 City Council referred the case back to the Planning and Zoning Commission for further hearings to consider new evidence.

 

ZONING REQUIREMENTS:

 

Density and Dimensional Requirements

Table 1 evaluates the density and dimensional standards of the proposed development.  The proposal meets or exceeds the density and dimensional requirements.

Table 1: Site Data Summary

Standard

Required

Provided

Meets

Min. Lot Area Sq. Ft.

5,000

87,164

Yes

Min. Lot Width (Ft.)

50

473.16

Yes

Min. Lot Depth (Ft.)

100

194.25

Yes

Front Setback (Ft.)

25

25

Yes

Rear Setback (Ft.)

0

0

Yes

Max. Height (Ft.)

50

30.4

Yes

Max. F.A.R

1:1

0.09:1

Yes

 

Landscape and Screening

The property is subject to the landscaping and screening requirements found in Article 8 and Appendix F of the UDC.  Table 2 summarizes what is required and what is provided.  The proposal meets or exceeds the landscaping and screening requirements with two exceptions.

Table 2: Landscape & Screening Requirements

Standard

Required

Provided

Meets

Landscape Area (Sq. Ft.)

8,716

28,447

Yes

Trees

17

43

Yes

Shrubs

174

200

Yes

Residential Landscape Buffer

15 ft. buffer with trees

5 ft. buffer with trees

No

Residential Screening

Masonry Wall

Masonry Wall

Yes

Parking Lot Screening

36” Hedge

36” Hedge

Yes

Dumpster Enclosure

Masonry Enclosure

Masonry Enclosure

Yes

Roof Mounted Equipment

Screened by Parapet

Screened by Parapet

Yes

 

The applicant has added a brick wall with a 5 ft. hedge intended to screen cars parked at the fueling stations from Lake Ridge Pkwy.  Renderings that depict the additional screening are included in the exhibits.

OVERLAY REQUIREMENTS:

The purpose the overlay district is to maximize the Lake Ridge Corridor’s potential as a city asset and increase the quality of development; the standards in Appendix F are intended to achieve this.  These standards include requirements for building articulation, materials, and architectural elements.

Exterior Building Materials and Design

The building materials and colors are consistent with what was approved for the adjacent multi-family/mixed use development.  The building exterior is clad in two types of stone and stucco.  The applicant is proposing to use a Spanish-style barrel tile for the roof.  The proposed building elevations are in substantial conformance with the materials requirement.

Architectural Features

All four façades are considered primary facades and are required to include the architectural features listed in Table 3.  The proposed building elevations meet the architectural requirements for primary façades.

Table 3: Architectural Features for Primary Facades

Standard

Required

Meets

Architectural Elements

Distinct base, field wall and parapet with cornice

Yes

Parapet with Cornice

Parapet with projecting cornice

Yes

Covered Walkways

Along 50% of the length of the façade

Yes

Windows

50% of the length of the façade

Yes

Roof Line

Roof profile variation

Yes

 

Gasoline Canopy Structures

Appendix F requires that column supports for gasoline canopies be encased in either a brick or stone masonry material.  The proposed column supports are encased in a stone veneer similar to the primary structure.  The proposal meets the requirements for column supports.

Appendix F requires that the perimeter roof structure for all gasoline canopies be adorned with a sloped roof feature and finished with composition shingles, standing seam metal, clay tile, slate tile, or engineered roof tile products.  The proposed canopy features sloped roof with barrel tile.  The proposal meets the requirements for a gasoline canopy roof.

 

EXCEPTIONS AND APPEALS:

 

                     Residential Landscape Buffer.  Appendix F requires that commercial development adjacent to residential uses provide a 15 ft. landscape buffer along the common property line.  The applicant is requesting an exception to allow a 5 ft. landscape buffer.  The approved Landscape Plan for the adjacent multi-family development includes a 10 ft. landscape buffer along the common property line.  Staff does not object to this exception; the combined landscape buffer is 15 ft.

 

                     Landscape Buffer Along Right-of-Way.  Appendix F states that all parking or drive areas shall be located 30 ft. from the right-of-way.  The area within the setback is to be credited towards the required landscaping.  The applicant is requesting an exception to allow the site to be developed with a 10 ft. setback.  Staff does not object to this exception; this is consistent with the landscape buffer for the multi-family/mixed use development.

 

ANALYSIS:

 

Convenience stores with gasoline sales require a Specific Use Permit.  The purpose of the Specific Use Permit process is to identify those uses which might be appropriate within a zoning district, but due to either their location, functional or operational nature, could have a potentially negative impact upon surrounding properties; and to provide for a procedure whereby such uses might be permitted by further restricting or conditioning them so as to eliminate such probable negative impacts.

 

In 2017, the Planning and Zoning Commission and City Council reviewed three Specific Use Permit/Site Plan requests for new convenience stores with gasoline sales.  The Planning and Zoning Commission expressed concerns related to the location and spacing of existing and proposed convenience stores with gasoline sales.  While Staff recognizes these concerns, the proposal is different than the typical convenience store with gasoline sales.

 

                     The number of pumps and fueling stations proposed is significantly less than other projects.

                     The proposed location is not near an existing convenience store with gasoline sales and is in an area with limited retail.

                     The proposal is not a stand-alone convenience store with gasoline sales.  The development includes 4,000 sq. ft. for retail or restaurants.

                     The proposed building is designed with similar materials, colors, and architectural elements as what was approved for the adjacent multi-family/mixed use development.

 

RECOMMENDATION:

 

The Planning and Zoning Commission recommended approval by a vote of 8-0.

 

DRC recommends approval with the requested exceptions and the condition that the applicant amends the final plat of Lot 2 of Mansions at Lake Ridge to provide the following:

                     A drainage and detention easement covering the detention facility if detention analysis determines that such facility is required; and

                     A landscape easement for the screening wall and hedge along Lake Ridge Pkwy.

 

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 CONVENIENCE STORE WITH GASOLINE SALES IN THE PLANNED DEVELOPMENT-297C (PD-297C) DISTRICT, TO WIT: BEING 2.001 ACRES OF LAND SITUATED IN THE BUFFALO BAYOU BRAZOS AND COLORADO RAILROAD COMPANY SURVEY, ABSTRACT NO. 1700 IN THE CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, AND AS 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 a Convenience Store with Gasoline Sales in Planned Development-297C (PD-297C) District;

 

WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on June 4, 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 a Convenience Store with Gasoline Sales in Planned Development-297C (PD-297C) 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 a Convenience Store with Gasoline Sales in Planned Development-297C (PD-297C) 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 June 19, 2018,  to consider the advisability of amending the Zoning Ordinance and Map and the recommendation 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 1048 for the property location as shown in attached Exhibit A - Location Map and described in the attached Exhibit B - Legal Description.

 

 

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 Planned Development-297C (PD-297C) 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, Unified Development Code, and Planned Development District No. 297C (PD-297C).

 

2.                     The development shall adhere to the City Council approved Site Plan, Landscape Plan, and Building Elevations (as contained within attached Exhibit C - Site Plan, Exhibit D - Landscape Plan, and Exhibit E - Building Elevations), which includes the following exceptions:

 

a.                     Exception to the provision for a 15 ft. landscape buffer along the common property line of adjacent residential uses to allow a 5 ft. landscape buffer.

 

b.                     Exception to the provision for a 30 ft. landscape buffer along the right-of-way to allow a 10 ft. landscape buffer along Lake Ridge Parkway.

 

3.                     The convenience store with gasoline sales shall operate within the hours of 5:00 am to 11:00 pm.

 

4.                     The number of gasoline pumps shall not exceed the number shown on the approved Site Plan (Exhibit C).

 

5.                     Must be in compliance with TDSHS - Texas Food Establishment Rules and local ordinances regarding food service.

 

6.                     Prior to the issuance of a building permit, the developer shall amend the final plat to provide the following:

 

a.                     A drainage and detention easement covering the detention facility if detention analysis determines that such facility is required; and

 

b.                     A landscape easement for the screening wall and hedge along Lake Ridge Pkwy.

 

7.                     Signage shall comply with the Unified Development Code.

 

 

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 building permit is not issued for said use within one (1) year after City Council adoption of this Ordinance, or upon cessation of gas sales for a period of six (6) months or more.

 

2.                     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.

 

3.                     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.

 

4.                     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 19TH DAY OF JUNE, 2018.

 

Ordinance No. 10482-2018

Specific Use Permit No. 1048

Case No. SU180301/S180301