From
Chris Hartmann
Title
SU191002 - Specific Use Permit - Epic East Towne Crossing, Phase II, Building D (City Council District 2). Specific Use Permit for a Restaurant with a Drive-Through in a 16,000 sq. ft. retail building. Epic East Towne Crossing Phase 1, Lots 7 and 8, Block A, City of Grand Prairie, Dallas County, Texas, zoned PD-364, within the SH-161 Corridor Overlay District, generally located east of SH-161 and north of Mayfield Rd, and addressed as 3162 S HWY 161 and 3182 S HWY 161. The applicant is William Winkelmann, Winkelmann & Associates and owner is Mark Davis, Epic East Towne Crossing, L.P. (On October 7, 2019, 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 for a Restaurant with a Drive-Through in a 16,000 sq. ft. retail building. Epic East Towne Crossing Phase 1, Lots 2 and 3, Block A, City of Grand Prairie, Dallas County, Texas, zoned PD-364, within the SH-161 Corridor Overlay District, generally located east of SH-161 and north of Mayfield Rd, and addressed as 1030 Mayfield Rd and 1020 Mayfield Rd.
PURPOSE OF REQUEST:
The applicant intends to construct Epic East Towne Crossing Phase 2, which includes over 150,000 sq. ft. of retail and restaurants. Building D will include a Restaurant with a Drive-Through. Restaurants with a Drive-Through that are located in a Corridor Overlay District require a Specific Use Permit. The purpose of this request is to obtain a Specific Use Permit for the Restaurant with a Drive-Through in Building D.
The Site Plan, Building Elevations, and Landscape Plan for Epic East Towne Crossing Phase 2 is under concurrent review (Case Number S191001).
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 |
PD-364 |
Undeveloped |
|
South |
PD-364; PD-294 |
Undeveloped; IKEA |
|
West |
PD-364 |
Undeveloped |
|
East |
PD-364; PD-91 |
Undeveloped; Church; Floodway/Floodplain |
HISTORY:
• July 18, 2017: City Council approved PD-364 (Case Number Z170401), a planned development for commercial and multi-family uses.
• August 7, 2017: The Planning and Zoning Commission approved a Preliminary Plat for Epic East Towne Crossing Phase 1 (P170804).
• September 11, 2017: The Planning and Zoning Commission approved a Final Plat for Epic East Towne Crossing Phase 1 (Case Number P170903).
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The drive-through lane begins on the east side of the building and wraps around the north side of the building. The proposed drive-through lane includes sufficient stacking spaces, has minimal visibility from SH-161, and does not disrupt pedestrian circulation.
RECOMMENDATION:
At its October 7, 2019 meeting the Planning and Zoning Commission recommended approval by a vote of 8-0.
The Development Review Committee (DRC) recommends approval.
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 THE SH-161 CORRIDOR OVERLAY DISTRICT TO WIT: BEING 2.19 ACRES OUT OF THE C. J. BABCOCK SURVEY, ABSTRACT NO. 59, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, SPECIFICALLY LOT 7 AND LOT 8, BLOCK A OF EPIC EAST TOWNE CROSSING PHASE 1, 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 October 7, 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 8 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 October 15, 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 a Restaurant with a Drive-Through on Lot 7 and Lot 8, Block A, Epic East Towne Crossing Phase 1, as depicted 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
For operation of a Specific Use Permit for a restaurant with drive-through in THE SH-161 CORRIDOR OVERLAY 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 - Building Elevations, and Exhibit D - Landscape Plan, of this ordinance, which are herein incorporated by reference.
2. Signage shall comply with the provisions set forth in the UDC, as amended.
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 eighteen (18) months after City Council adoption of this Ordinance, or upon cessation of said use for a period of twelve (12) 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, TEXAS, THIS the 15th of October, 2019.
ordinance no. 10759-2019
specific use permit no. 1082
case no. SU191002