From
Chris Hartmann
Title
SU151002A - Specific Use Permit Renewal - Gables at Green Oaks (City Council District 1). A request to renew specific use permit-895 and site plan to construct and operate a restaurant with drive-through. The 1.05-acre property, zoned Multi-Family-2 (MF-2) District, is located at 2150, 2351, and 2375 N. State Highway 360 (SH 360), is within the State Highway 360 (SH 360) Corridor Overlay District. The owner is Gables Realty, LP, the applicant is Goodwin and Marshall, Inc., and the agent is Conifer Real Estate. (On September 11, 2017, the Planning and Zoning Commission recommended approval to renew this SUP by a vote of 8-0).
Presenter
Chief City Planner David Jones, AICP
Recommended Action
Approve
Analysis
SUMMARY:
Consider a request for the approval of a Specific Use Permit Renewal for a drive-through in a restaurant on 1.05 acres. The 1.05-acre property, zoned General Retail-1 (GR-1) District, is located at 2155 N. State Highway 360 (SH 360), is within the State Highway 360 (SH 360) Corridor Overlay District.
ADJACENT LAND USES AND ACCESS:
North - Multi-Family Residential Development zoned Light Industrial (LI)
South - Undeveloped Property zoned General Retail-1 (GR-1)
East - Commercial and Retail Uses zoned Light Industrial (LI)
West - Undeveloped property zoned Multi-Family-2 (MF-2)
PURPOSE OF REQUEST:
As required by Ordinance No. 9987-2015 for Specific Use Permit 985 the City Council shall conduct a public hearing two (2) years after City Council adoption of this Ordinance to confirm compliance with all applicable codes which shall include, but not be limited to, the requirements of this SUP Ordinance, the Unified Development Code, The City of Grand Prairie Code of Ordinances, City adopted building codes, city adopted fire codes and other applicable regulatory requirements and/or enforced by the state and federal government.
STATUS:
As required, staff requested inspections of the property and operations by the Code Enforcement Division and the Environmental Services Department. The inspections conducted indicated that all operations on the site appear to be currently in conformance with required conditions of the Specific Use Permit as approved by City Council.
RECOMMENDATION:
Staff recommends approval of the indefinite renewal of Ordinance No. 9987-2015.
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 THE RENEWAL OF A SPECIFIC USE PERMIT FOR A RESTAURANT WITH DRIVE THROUGH IN THE SH-360 OVERLAY AND GENERAL RETAIL (GR) DISTRICTS TO WIT: BEING A 1.05-ACRE TRACT OUT OF THE JONATHAN BROWN SURVEY, ABSTRACT NO. 110, IN THE CITY OF GRAND PRAIRIE, TARRANT COUNTY, TEXAS, AND BEING ADDRESSED AS A PORTION OF 2150 N. STATE HIGHWAY 360; 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, on December 15, 2015, the Grand Prairie City Council approved, via Ordinance No. 9987-2015 (Planning Case File No. SU151002), a request for a Specific Use Permit for a restaurant with drive through; and
WHEREAS, said Ordinance No. 9987- 2015 stipulated that the Grand Prairie City Council shall conduct a public hearing one (1) year after approval of said Ordinance to confirm continued compliance with adopted development standards and all applicable codes; and
WHEREAS, Staff has verified that the subject property is in substantial compliance with the approved development standards and applicable code and hereby recommends approval of the renewal of Ordinance No. 9987-2015 for 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 September 11, 2017, following legal notice of such public hearing before the Planning and Zoning Commission had been published in the paper of record, for the proposed renewal of the existing Specific Use Permit for a restaurant with drive through, said Notice having been given not less than ten (10) days before the date set for hearing, 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; with the added stipulation that the item be inspected in six (6) months to insure full compliance of this specific use permit; 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 numbered 985A for the property addressed as 2150 N. State Highway 360 (SH 360), depicted in Exhibit A - Location Map, and legally described as Lot 1, Block A, of the 360 Green Oaks Addition.
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 operation of a restaurant with drive through, the following standards and conditions are hereby established as part of this ordinance:
A. All operations shall conform to the Planning and Zoning Commission approved site plan - Exhibit B, and operational plan for case number SU151002A, as provided in final submittal.
C. An appeal to the 100% masonry requirements to allow the elevations contained in Exhibit C - Elevations of this ordinance is approved by the City Council. The restaurant shall be constructed consistent with the City Council approved elevations.
D. Signage shall comply with the provisions set forth in the UDC, as amended.
E. Development shall be in compliance with TDSHS - Texas Food Establishment Rules and local ordinances regarding food service.
F. DRINKING WATER PROTECTION: All new commercial establishments within the City of Grand Prairie shall be equipped with appropriate cross connection device protection on the main waterline, fire line, and irrigation lines.
G. Additional cross connections devices may be required under the provisions of City Code Chapter 13, Article X, depending on how water will be used in the facility. Any cross connection devices that are required shall be shown on all plan submittals to building inspections. It is required that you provide the make, model, and location of the backflow preventer to be installed. Providing this information during the first submission of building permits will speed up the permitting review process. Testing fees for backflow prevention devices shall be paid prior to issuance of building permits.
H. SAMPLE POINTS: The Environmental Services Department requires a sample point be installed on the sanitary sewer line. The location and a sample point detail shall be shown on the building plans submitted for review with your application for a building permit. Structure and location shall meet the requirements of the department. Providing this information during the first submission of building permits will speed up the permitting review process.
I. HEALTH PERMITS REQUIRED: Anyone wishing to operate a food or drinking establishment, food warehouse, child care center, grocery store, public swimming pool, or convenience store shall make application for a health permit and submit plans for review to the Environmental Services Department before construction begins for new development or before operation begins for existing structures. Permits are non-transferable. These fees shall be paid prior to issuance of building permits [city code 13-20].
J. REFUSE CONTAINERS: During all phases of construction projects, all waste disposal services shall be contracted with Grand Prairie Disposal Company, J.C. Duncan. Commercial-type refuse containers (dumpsters and roll-offs) shall be placed at a location arranged in advance with the city’s contractor, Grand Prairie Disposal company, J.C. Duncan. If materials are to be recycled, they shall not be co-mingled with trash. All property owners or facility owners shall contact Grand Prairie Disposal Company at (817)261-8812 [city code 26-1059(a)]. Mechanical garbage and trash compactors shall conform to city code sections 29-74 and 26-75. The general contractor shall be held responsible for ensuring compliance with these city codes.
K. WATER WELLS: Please note any abandoned or currently used water wells on the preliminary and final plat. According to the City of Grand Prairie ordinance and the Texas Water Code, Chapters 32 § 32.017, Plugging of Water Wells, owners of any property where an abandoned well is located must have the well plugged by a licensed well driller, holding a valid registration with the TCEQ. A permit will be required to abandon the well. In addition, a copy of the well completion report must be supplied to the Environmental Services Department before any building permit will be issued.
L. DRILLING WATER WELLS: All property owners wishing to drill a well must obtain a well drilling permit from the Environmental Services Department prior to drilling. Drillers must be licensed by the Texas Well Drillers board. [Texas Water Well Drillers Act § 287.91].
M. WASH BAYS: Wash bays must be covered to prevent storm water or surface runoff from entering the sanitary sewer system. [City code 26-45(a)(1)]
N. SPECIFIC COMMENTS: All existing buildings and facilities shall be upgraded to comply with current health and water quality standards before a new certificate of occupancy can be issued. These issues will be addressed during the building review process.
O. Grease trap, sewer lines, and fuel tanks shall be constructed at least 150 feet away from wellhead.
P. DUMPSTER ENCLOSURE: A 12-foot x 12-foot dumpster enclosure area shall meet City of Grand Prairie requirements. Dumpsters shall be in an area that allows easy accessibility to garbage trucks. Show city specifications. See the Unified Development Code, reference Article 8 for dumpster screening fences.
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 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.
Furthermore, by this Ordinance, the City shall perform an additional inspection in six (6) months to confirm continued compliance with adopted development standards and 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.
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 19TH DAY of SEPTEMBER 2017.
ordinance no. 10338-2017
case no. su151002A
specific use permit no. 985a