From
Monica Espinoza
Title
SU200903/S200903 - Specific Use Permit/Site Plan - PJ's Coffee (City Council District 5). Specific Use Permit and Site Plan for a 2,580 sq. ft. Restaurant with a Drive-Through on one lot. 0.50 acres out of the Richard Wilson Survey, Abstract 1548, Sheets Subdivision, Block A, Lot 2, City of Grand Prairie, Dallas County, Texas, zoned Commercial (C) District, generally located east of N. Belt Line Road and approximately 550 feet south of E. Tarrant Road, and addressed as 614 N. Belt Line Road. (On September 14, 2020, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0).
Presenter
Savannah Ware, AICP, Cheif City Planner
Recommended Action
Approve
Analysis
SUMMARY:
Specific Use Permit and Site Plan request to authorize construction a 2,580 sq. ft. restaurant with a drive-through on 0.50 acres. The proposed development is situated in the Richard Wilson Survey, Abstract No. 1578, Sheets Addition, Block A, Lot 2, Grand Prairie, Dallas County, Texas, generally located east of N. Belt Line Road approximately 550 feet south of E. Tarrant Road, and addressed as 614 N. Belt Line Road. The property is zoned Commercial (C) District.
PURPOSE OF REQUEST:
The applicant intends to construct a 2,580 sq. ft. restaurant with drive through on 0.50 acres. Drive through restaurants require a Specific Use Permit. Development at this location requires a Specific Use Permit and Site Plan approval by City Council.
ADJACENT LAND USES:
The following table summarizes the zoning designation and existing use for the surrounding properties.
|
Table 1: Zoning and Land Use |
|
Direction |
Zoning |
Existing Use |
|
North |
Commercial |
Undeveloped |
|
South |
Commercial |
Animal Clinic |
|
West |
SF-1 |
Park Land |
|
East |
Commercial |
Undeveloped |
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The proposed use is a Restaurant (Coffee Shop) with a Drive Through. The Site Plan includes a 2,580 sq. ft. restaurant with one way circulation, dumpster enclosure, drive aisle, and 22 parking spaces. The site will be accessible from a commercial drive along northbound N. Belt Line Road.
The drive-through lane wraps around the building. The menu board is located at rear of the building and the pickup window is located on the north side of the building. The site includes an outdoor seating area at the building entrance underneath a decorative canopy.
ZONING REQUIREMENTS:
Density and Dimensional Requirements
The property is subject to density and dimensional requirements in Article 6 of the Unified Development Code (UDC). The following table summarizes these requirements. The proposal meets the density and dimensional requirements.
|
Table 2: Site Data Summary |
|
Standard |
Required |
Provided |
Meets |
|
Min. Lot Area (Sq. Ft.) |
5,000 |
21,835 |
Yes |
|
Min. Lot Width (Ft.) |
50 |
150 |
Yes |
|
Min. Lot Depth (Ft.) |
100 |
161 |
Yes |
|
Front Setback (Ft.) |
25 |
25 |
Yes |
|
Rear Setback (Ft.) |
0 |
0 |
Yes |
|
Max. Height (Ft.) |
25 |
24 |
Yes |
|
Max. Floor Area Ratio |
.5:1 |
.02:1 |
Yes |
Parking Requirements
The property is subject to parking requirements in Article 10 of the UDC. The following table summarizes these requirements. The proposal meets the parking requirements.
|
Table 3: Parking Summary |
|
Standard |
Required |
Provided |
Meets |
|
Parking |
12 |
22 |
Yes |
|
Handicap |
2 |
2 |
Yes |
|
Total Spaces |
14 |
22 |
Yes |
Landscape and Screening
The property is subject to landscape and screening requirements in Article 8 of the UDC. The table below summarizes these requirements. The proposal meets the landscape and screening requirements.
|
Table 4: Landscape & Screening Requirements |
|
Standard |
Required |
Provided |
Meets |
|
Area (Sq. Ft.) |
1,092 |
2,838 |
Yes |
|
Trees |
8 |
8 |
Yes |
|
Shrubs |
22 |
22 |
Yes |
Building Design
The proposed exterior building materials are stucco and brick. The light brown stucco is accented by a gray brick wainscot approximately three ft. in height.
SHARED FACILITIES:
The applicant constructed the veterinarian clinic south of the subject property in 2013. The clinic’s dumpster and nine of its parking spaces are located on the subject property. The applicant is proposing that both properties use the existing dumpster and share the nine parking spaces.
VARIANCES:
The applicant is not requesting any variances.
RECOMMENDATION:
The Planning and Zoning Commission recommended approval by a vote of 9-0.
The Development Review Committee (DRC) recommends approval with the following condition:
1. The applicant shall create and file a shared facilities agreement that addresses the shared parking, shared dumpster, and any necessary adjustments to the frequency of garbage collection.
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 RESTAURANT WITH A DRIVE-THROUGH: BEING LOT 2, BLOCK A, SHEETS ADDITION, CITY OF GRAND PRAIRIE, 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; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
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 Restaurant with a Drive-Through; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on September 14, 2020, 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 a Drive-Through 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 a Drive-Through; 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 13, 2020, 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 for a Restaurant with a Drive-Through on Lot 2, Block A, Sheets Addition, City of Grand Prairie, Dallas County, Texas, as depicted in Exhibit A - Location Map, attached hereto.
SECTION 2. That 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. That for development and operations of a Restaurant with a Drive-Through, 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/Landscape Plan, Exhibit C - Building Elevations, and Exhibit E - Rendering, which are herein incorporated by reference.
2. The applicant shall create and file a shared facilities agreement for Lots 1 and 2, Block A, Sheets Addition, that addresses the shared parking, shared dumpster, and any necessary adjustments to the frequency of garbage collection. This agreement shall be filed prior to the issuance of a building permit.
SECTION 4. That the operations of a Restaurant with a Drive-Through shall comply with the following:
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. 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.
5. The operation of the facility shall be in strict compliance with all requirements of the Environmental Services Department, Building Inspections, Police Department and Fire Administration.
6. Any unsafe or unauthorized operations or activities may be determined as grounds for revocation of the Specific Use Permit by the City Council.
SECTION 5. That it is further provided that in the case a section, clause, sentence or part of this Ordinance shall be deemed or adjudicated 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. That a violation of this Ordinance is a misdemeanor punishable in accordance with Section 1-8 of the Code of Ordinances of the City of Grand Prairie, Texas. The penalty provided herein shall be cumulative of other remedies provided by State law, and the power of injunction as provided in Texas Local Government Code Section 54.016, as amended, may be exercised in enforcing this ordinance whether or not there has been a complaint filed.
SECTION 7. That the Unified Development Code of the City of Grand Prairie, as amended, shall be and remain in full force and effect save and except as amended by this Ordinance.
SECTION 8. That the terms and provisions of this Ordinance are severable and are governed by Section 1-4 of the Code of Ordinances of the City of Grand Prairie, Texas.
SECTION 9. That all ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 10. 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 13th of OCTOBER, 2020.
ordinance no. 10915-2020
specific use permit no. 1094
case no. SU200903/s200903