From
Chris Hartmann
Title
SU151002/S151002 - Specific Use Permit/Site Plan - Gables at Green Oaks (City Council District 1). Approve a specific use permit and site plan to construct and operate a restaurant with drive-through. The 1.05-acre property, zoned General Retail-1 (GR-1) District, is located at 2150 N. State Highway 360 (SH 360), is within the State Highway 360 (SH 360) Corridor Overlay District. The agent is Martin Schelling, Conifer Real Estate, the applicant is Edward Eckart, Goodwin & Marshall, Inc., and the owner is Dennis Rainosek, Gables Realty LTD. (On December 7, 2015, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
SUMMARY:
Consider a request to approve a specific use permit and site plan to construct and operate a restaurant with drive-through. The 1.05-acre property, zoned General Retail-1 (GR-1) District, is located at 2150 N. State Highway 360 (SH 360), is within the State Highway 360 (SH 360) Corridor Overlay District.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Use |
|
North |
Light Industrial (LI) and within the S.H. 360 Corridor Overlay District |
Multi-Family Residential development |
|
South |
General Retail-1 (GR-1) District and within the S.H. 360 Corridor Overlay District |
Undeveloped |
|
East |
LI and within the S.H. 360 Corridor Overlay District |
Commercial and Retail Uses |
|
West |
Multi-Family-2 (MF-2) District and within the S.H. 360 Corridor Overlay District |
Undeveloped |
PURPOSE OF REQUEST:
The applicant is requesting approval of a specific use permit (SUP) and site plan to construct and operate a restaurant with a drive-through on 1.05 acres. The subject site is currently zoned GR-1 District.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
Parking and Access
The 1.05-acre property is undeveloped. One access point has been provided to the S.H. 360 Frontage Road and access to Green Oaks Boulevard will be provided by a mutual access easement through the property to the west. The subject site will be developed with a 3,200-square-foot restaurant with associated parking. The table below provides details regarding parking and loading for the use. Article 10 indicates the parking requirement for restaurants is one space per 100 square feet of designated dining and waiting area, including outdoor dining areas. The site plan indicates the area devoted to dining and waiting is 1,710 square feet.
|
Building Area |
Parking Rate |
Required |
Provided |
Meets |
|
1,710 s.f. |
1 sp/100 s.f. of dining area (in and out) |
18 |
40 |
Yes |
SUP Operation
The restaurant will be open from 10:30 a.m. to 10:00 p.m. Sunday through Thursday and 10:30 a.m. to 11:00 p.m. Friday through Saturday.
BACKGROUND:
On November 17, 2015, the City Council approved a request to rezone the property from Multi-Family-2 District to General Retail-1 District.
On November 19, 2015, a Development Review Committee (DRC) meeting was held. Staff met with the applicant to discuss the proposal. The proposal was cleared to move forward subject to conditions found in the recommendation section of this report.
On November 16, 2015, legal notice was mailed to affected property owners and notice of the upcoming public hearing was published in the Fort Worth Star Telegram.
On December 7, 2015, the item is scheduled to be heard by the Planning and Zoning Commission.
On December 15, 2015, the item is scheduled to be heard by the City Council.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The property is designated as Mixed Use (MU) on the Future Land Use Map (FLUM). The FLUM identifies development in this category should include residential, personal service and some limited office uses in a pedestrian oriented development. The proposed specific use permit is inconsistent with this FLUM. The proposed use is consistent with FLUM designation C/R/O (Commercial, Retail, Office). Annually, the FLUM is amended to address inconsistencies such as this.
ZONING REQUIREMENTS
Dimensional Requirements
The subject site is zoned GR-1 District. The proposal meets all applicable minimum dimension requirements outlined in UDC. The following table provides detailed dimensional requirements information.
|
Standard |
Required |
Provided |
Meets |
|
Minimum Site Area |
5,000 s.f. |
45,643 s.f. |
Yes |
|
Minimum Lot Width |
50 ft. |
163 ft. |
Yes |
|
Minimum Lot Depth |
100 ft. |
277 ft. |
Yes |
|
Front Yard |
30 ft. |
30 ft. |
Yes |
|
Maximum Height |
25 ft. |
23 ft. |
Yes |
|
Maximum F.A.R. |
0.5:1 |
0.07:1 |
Yes |
Elevations
The subject site is within the S.H. 360 Overlay District and is subject to Appendix F of the UDC, as wellThe elevations as proposed are inconsistent with the UDC requirements. The UDC requires façades to be 100% masonry, excluding doors and windows. The applicant is proposing brick, tile, and stucco. Two façades proposed contains 100% masonry. An appeal has been requested to permit construction as depicted on the elevation plan.
|
Façade |
Total Area |
Reductions* |
Resultant Area |
Masonry Area |
Masonry % |
Meets |
|
North |
1,844 s.f. |
165 s.f. |
1,679 s.f. |
1,501 s.f. |
89% |
No |
|
South |
1,811 s.f. |
45 s.f. |
1,766 s.f. |
1563 s.f. |
89% |
No |
|
East |
909 s.f. |
57 s.f. |
852 s.f. |
678 s.f. |
80% |
No |
|
West |
853 s.f. |
64 s.f. |
789 s.f. |
789 s.f. |
100% |
Yes |
*Reductions - windows, doors, metal trim cap
Landscape
The UDC requirements are as follows:
|
Standard |
Required |
Provided |
Meets |
|
Minimum Landscape Area (10% 45,643 s.f.) |
4,564 s.f. |
9,759 s.f. |
Yes |
|
5-ft. wide sidewalks |
S.H. 360 Frontage Rd. |
Yes |
Yes |
|
Street Trees: 1 tree/25 - 50 l.f. |
S.H. 360 Frontage Rd= 4 trees |
4 |
Yes |
|
Trees: 1/500 s.f. required landscape |
10 |
10 |
Yes |
|
Parking Lot Trees: 1 tree/20 parking spaces |
2 |
2 |
Yes |
|
Shrubs: 1/50 s.f. required landscape |
92 |
92 |
Yes |
|
All trees are minimum 3 in. caliper |
3 |
3 |
Yes |
|
30-foot Landscape Buffer |
|
|
|
The site plan does comply with all of the minimum landscape requirements set forth in the UDC.
REQUESTED APPEALS BY APPLICANT:
Elevations
The applicant is requesting approval to construct a Dairy Queen restaurant similar to the one they constructed on Interstate 20 in Grand Prairie. To do so, exceptions to materials, glazing, and articulation must be granted. Staff does not oppose approval of the requested exceptions.
RECOMMENDATION:
The DRC recommends approval of the request for a Specific Use Permit to allow construction and operation of a restaurant with drive through window, subject to the following conditions:
1. The site plan shall be consistent with all regulations in the UDC as amended.
2. An appeal to the 100% masonry, articulation, and glazing requirements to allow the elevations contained in Exhibit “B” of the ordinance is approved by the City Council. The restaurant shall be constructed consistent with the City Council approved elevations.
3. The landscape plan shall comply with all applicable landscape requirements contained in the UDC, as amended.
4. Signage shall not be approved as part of this application. Signage shall comply with the provisions set forth in the UDC, as amended, and be reviewed and approved by building permit.
5. All operations shall conform to the site plan and operational plan as approved by City Council under case number SU151002/S151002.
6. Operations must be in compliance with the TDSHS - Texas Food Establishment Rules and local ordinances regarding foot service.
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-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, 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 December 7, 2015, 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 December 15, 2015, 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 numbered 985 for the property addressed as 2150 N. State Highway 360 (SH 360), depicted in Exhibit D - Location Map, and legally described as Lot 1, Block A, of the 360 Green Oaks Addition.
SECTION 2.
Specific Use Permit
FOR OPERATION OF A RESTAURANT WITH DRIVE THROUGH SERVICE - IN GENERAL RETAIL (GR) DISTRICT. The following conditions are hereby established as part of this ordinance:
A. All operations shall conform to the Planning and Zoning Commission approved site plan and operational plan for case number SU151002/S151002, 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 3.
Compliance
All development must be in substantial conformance with Exhibit A - Site Plan, Exhibit B - Landscape Plan, and Exhibit C - Elevations of this ordinance, which are herein incorporated 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.
2. Furthermore, by this Ordinance, the City Council shall conduct a public hearing one (1) year after City Council approval of this Specific Use Permit to confirm compliance with 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.
3. 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.
4. 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.
5. The Certificate of Occupancy shall note the existence of this Specific Use Permit by its number and title.
SECTION 4.
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 5.
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 6.
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 15st of december, 2015.
ordinance no. 9987-2015
specific use permit no. 985
case no. su151002/s151002