From
Chris Hartmann
Title
SU190201/S190201 - Specific Use Permit/Site Plan - Chick-fil-A (City Council District 2) Specific Use Permit and Site Plan for Chick-fil-A, a 5,242 sq. ft. restaurant with a drive-thru, on 1.44 acres. Tract 11, Allen Jenkins Survey, Abstract No. 713, City of Grand Prairie, Dallas County, Texas, zoned C, within the SH-161 Overlay District, generally located at the southeast corner of S HWY 161 and W Pioneer Pkwy, and addressed as 1201 Pioneer Pkwy. The agent is Bryan Burger, Burger Engineering, LLC, the applicant is Getra Sanders, Chick-fil-A, Inc., and the owner is Robert Dorazil, Bush Pioneer Property LP c/o UCD Development. (On February 4, 2019, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0).
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
Specific Use Permit and Site Plan for Chick-fil-A, a 5,242 sq. ft. restaurant with a drive-thru, on 1.44 acres. Tract 11, Allen Jenkins Survey, Abstract No. 713, City of Grand Prairie, Dallas County, Texas, zoned C, within the SH-161 Overlay District, generally located at the southeast corner of S HWY 161 and W Pioneer Pkwy, and addressed as 1201 Pioneer Pkwy.
PURPOSE OF REQUEST:
The applicant intends to construct a 5,242 sq. ft. restaurant with a drive-thru on 1.44 acres. Restaurants with a drive-thru require a Specific Use Permit when located within an overlay district. Any development in an overlay district requires City Council approval of a Site Plan. Development at this location requires a Specific Use Permit and Site Plan approval by City Council because the property is within the SH-161 Overlay District.
ADJACENT LAND USES:
The following table summarizes the zoning designation and existing use for the surrounding properties.
|
Table 1: Adjacent Zoning and Land Uses |
|
Direction |
Zoning |
Existing Use |
|
North |
C |
Commercial (Man’s Best Friend); Undeveloped |
|
South |
PD-351 |
Restaurant with Drive-Through (Panda Express) |
|
West |
LI |
SH 161; Convenience Store w/ Gas Sales, Warehouse |
|
East |
PD-351 |
Retail (WSS Shoes) |
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The proposed use is a restaurant with drive-thru. The site plan includes the 5,242 sq. ft. restaurant with a drive-through, dumpster enclosure, drive aisles, and 62 parking spaces.
The site will be accessible from northbound SH 161 frontage road and Pioneer Pkwy using the center’s internal access drives, which are part of Lot 1.
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 |
62,685 |
Yes |
|
Min. Lot Width (Ft.) |
50 |
197.42 |
Yes |
|
Min. Lot Depth (Ft.) |
100 |
283.25 |
Yes |
|
Front Setback (Ft.) |
25 |
25 |
Yes |
|
Rear Setback (Ft.) |
0 |
0 |
Yes |
|
Max. Height (Ft.) |
25 |
23.7 |
Yes |
|
Max. Floor Area Ratio (FAR) |
.5:1 |
.084:1 |
Yes |
Landscape and Screening
The property is subject to landscape and screening requirements in Article 8 and Appendix F of the UDC. The table below summarizes these requirements. The proposal meets or exceeds the landscape and screening requirements.
|
Table 3: Landscape & Screening Requirements |
|
Standard |
Required |
Provided |
Meets |
|
Landscape Area (Sq. Ft.) |
6,268 |
19,892 |
Yes |
|
Trees |
13 |
23 |
Yes |
|
Shrubs |
126 |
469 |
Yes |
|
Dumpster Enclosure |
Masonry Enclosure |
Masonry Enclosure |
Yes |
Building Design
The building is primarily clad in two types of brick and stone. Appendix F requires a stone accent on primary façades. The stone accent must be a different color and surface texture used for the main structure. The proposal meets the stone accent requirement.
The following architectural features are required: articulation, parapet with projecting cornice, windows, covered walkways or awnings, and roof profile variation. The proposed building elevations substantially conform to the building design requirements in Appendix F.
EXCEPTIONS OR APPEALS:
The applicant is not requesting any exceptions.
RECOMMENDATION:
At its February 4, 2019 meeting, Planning and Zoning Commission voted to recommend approval with conditions recommended by Staff.
The Development Review Committee (DRC) recommends approval with the following conditions:
• Prior to construction, the applicant shall submit the final plat with the cross access easement located on Lot 1 (Instrument No. 201500252470) amended to reflect the proposed drive depicted on the site plan. The amended easement and instrument number shall be added to the plat and the plat shall be filed prior to construction.
• The wall-mounted equipment on the west façade shall be screened from view from the SH 161 frontage road. The applicant shall select, plant, and maintain plantings with adequate height and spread to screen the wall-mounted equipment.
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 DRIVE THROUGH IN A COMMERCIAL DISTRICT TO WIT: BEING 1.4391 ACRES OUT OF THE ALLEN JENKINS SURVEY, ABSTRACT NO. 713, 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; 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 include a Specific Use Permit for a Restaurant with Drive-Through; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on February 4, 2019, 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 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; 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 February 19, 2019, 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 the property depicted and legally described in Exhibit A - Boundary Description, attached hereto.
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.
Specific Use Permit
THAT, For operation of a Specific Use Permit for a restaurant with drive-through in A COMMERCIAL (c) DISTRICT; 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 Plan, Exhibit C - Landscape Plan, and Exhibit D - Building Elevations, of this ordinance, which are herein incorporated by reference.
2. The wall-mounted equipment on the west façade shall be screened from view from the SH 161 frontage road. The applicant shall select, plant, and maintain plantings with adequate height and spread to screen the wall-mounted equipment.
3. Prior to construction, the applicant shall submit the final plat with the amended cross access between the subject property and Lot 1 of Bush & Pioneer Centre. The instrument number shall be added to the plat and the amended plat shall be filed prior to construction.
4. Signage shall comply with the provisions set forth in the UDC, as amended, or as approved by City Council through a Unified Signage Plan.
SECTION 4.
Compliance
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 said use for a period of one (1) year 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.
That, in the event 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.
That, 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, TEXAS, THIS the 19th of FEBRUARY, 2019.
ordinance no. 10597-2019
specific use permit no. 1068
case no. SU190201/S190201