From
Chris Hartmann
Title
SU150406A/S150407A - Specific Use Permit/Site Plan Renewal - Fresh Meal Restaurant (City Council District 5). Renewal of a Specific Use Permit/Site Plan to permit the construction and operation of a 1,270 sq. ft. restaurant with drive through known as the Fresh Meal Restaurant. The 0.34-acre property, zoned Commercial (C) District, is located immediately east of SE 9th Street and approximately 150-feet south of E. Main Street. The property is also located within Central Business District No. 3. (On June 6, 2016, the Planning and Zoning Commission recommended approval to renew this SUP by a vote of 9-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
SUMMARY:
Consider a request for a one (1) year renwal of a Specific Use Permit/Site Plan to permit the construction and operation of a 1,270 sq. ft. restaurant with drive-through known as the Fresh Meal Restaurant. The 0.34-acre property, zoned Commercial (C) District, is located immediately east of SE 9th Street and approximately 150-feet south of E. Main Street. The property is also located within Central Business District No. 3. The owner/applicant is Fariborz Hadidi.
ADJACENT LAND USES AND ACCESS:
North - The property to the north is zoned Commercial (C) District. The property is developed with a Church’s Chicken drive-through restaurant.
South - Immediately south is Pacific Avenue, a local 2-lane undivided roadway. Farther south is the Union Pacific Railroad ROW, Jefferson Street, and then properties zoned General (GR) District with general retail uses.
East - The property to the east is zoned Commercial (C) District. The property is development with a Wendy’s drive-through restaurant.
West - Immediately west is SE 9th Street, a 3-lane undivided roadway. Farther west, the property is developed with a McDonald’s drive-through restaurant.
PURPOSE OF REQUEST:
The applicant is seeking a one (1) year renewal specific use permit to construct and operate a new Turkish food style restaurant with a drive-through. All restaurants with a drive-through require the approval of a specific use permit in all zoning districts where they are permitted per Article 4, “Permissible Uses” of the Unified Development Code, Section 4.8.4., if they are located within 300 feet of any Agriculture, Single-Family, 2 Family, Multi-Family zoning district, or designated overlay district. Also, all nonresidential development located within a designated overlay district require site plan approval from the Planning and Zoning Commission and the City Council at a public hearing. The property is located in the Central Business District Three (CBD-3), which is considered an Overlay District. This application submittal is being made in substantial conformance to these requirements.
PROPOSED CHARACTERISTICS AND FUNCTION:
Site & Use:
The subject property is a 0.34-acre vacant tract of land located at the northeast corner of SE 9th Street and Pacific Avenue. The property is addressed as 102 SE 9th Street, Grand Prairie, TX. The applicant, Fariborz Hadidi, intends to develop the site as Turkish style fast food restaurant with a drive-through.
Building:
The applicant plans to build a 1,270 sq.ft. single-story, pitched (5:12) and flat-roofed restaurant that will include a commercial kitchen, dining room, restrooms, office and storage space. The building is proposed to be 24-feet in height from grade to top of roof ridge line. In the Commercial (C) District the minimum masonry requirement is 100%. The CBD-3 district recommends that the primary building materials be masonry. In addition, the Overlay District recommends that the three of the following elements be incorporated in the design of the new building: overhangs, cornices, string courses, peaked roof forms, arches, lintels, pilasters, rustication, canopies, awnings or porticos, architectural details, and outdoor patios. Staff finds that the building design elements meet the requirements of the Overlay District with the following exception for the minimum masonry standard. The exterior façades consist of a mixture of brick and stucco as follows:
|
Exterior Façade |
Brick Percentage |
Stucco Percentage |
|
North |
81.17 |
18.83 |
|
South |
79.39 |
20.61 |
|
East |
83.88 |
16.12 |
|
West |
52.03 |
47.97 |
|
Total of All Facades |
76.67 |
23.33 |
Access, Parking, Drive-Through:
Access to the subject property will be from SE 9th Street only; however, the dumpster will be accessed from Pacific Avenue, as shown on the accompanying site plan. Article 10 of the UDC requires a minimum of one (1) parking space for of every 100 sq.ft. of designated dining and waiting areas, including outdoor dining and Article 4 requires six (6) queuing or stacking spaces prior to the order box. As proposed, a minimum of five (5) parking spaces are required. Per the site plan, the applicant is providing a total of 14- parking spaces and six (6) drive-through stacking spaces prior to the order box. Due to the small size of the subject property, a fire-lane is not required. The applicant stated to staff that he’d like to add an outdoor patio at a future date. Staff is supportive of this request and would consider it to be a minor change that could be administratively approved provided the minimum parking requirements was met to handle the additional seating space.
Landscaping:
Article 8 of the UDC requires a minimum of 5% landscaped area in the Commercial (C) District. As the subject property is 0.34-arces (14,810.4 sq.ft.), a minimum of 740.52 sq.ft. of landscape area is required. The proposed landscape area is 2,697 sq.ft. and includes 6 trees and 15 shrubs, which exceeds the minimum standard.
Dumpster Enclosure:
The proposed masonry dumpster enclosure meets the minimum requires of the UDC. The enclosure will be located at the southeast corner of the property. A separate access to the enclosure from Pacific Avenue is provided. Staff is supportive of the dumpster enclosure location and separate access.
COMPREHENSIVE PLAN:
The subject property is designated as appropriate for Commercial/Retail/Office on the Future Land Use Map (FLUM). The proposal is consistent with the FLUM.
REQUESTED APPEALS BY APPLICANT:
N/A
RENEWAL INSPECTION STATUS:
The property has yet to be developed. The applicant continues to work with city staff to complete the civil plan review.
RECOMMENDATION:
Staff recommends a one (1) renewal of SUP Ordinance No. 9854-2015.
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 A ONE (1) YEAR RENEWAL OF A SPECIFIC USE PERMIT FOR A RESTAURANT WITH A DRIVE-THROUGH IN THE COMMERCIAL (C) DISTRICT, TO WIT: BEING A TRACT OF LAND OUT OF LOT NO. 3, OF THE H.E. JACKSON SUBDIVISION, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, AND MORE FULLY DESCRIBED BELOW; SAID ZONING MAP AND ORDINANCE BEING NUMBERED AS 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 April 21, 2015, the Grand Prairie City Council approved, via Ordinance No. 9854-2015 (Planning Case No. SU150406/S150407), a request for a Specific Use Permit for a Restaurant with a Drive-Through in the Commercial (C) District; and
WHEREAS, to date, the property has not been developed but the property owner continues to work with the city to finalize plans in order to begin construction of the proposed restaurant; and
WHEREAS, said Ordinance required a one (1) year review of the existing Specific Use Permit for a Restaurant with a Drive-Through in the Commercial (C) District via a public hearing process to verify compliance with the approved development standards and all applicable codes; and
WHEREAS, staff has verified that the subject property is in full compliance with the approved development standards and applicable codes; and
WHEREAS, staff recommends, due to the yet to be completed development, a one (1) year renewal of the existing Specific Use Permit for a Restaurant with a Drive-Through in the Commercial (C) District and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on June 6, 2016, following legal notice of such public hearing before the Planning and Zoning Commission had been published in the paper of record, for the proposed one (1) year renewal of the existing Specific Use Permit for a Restaurant with Drive-Through in the Commercial (C) District, 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 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 in the Commercial (C) District; 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 June 21, 2016 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..."
being passed and approved on November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit numbered 955A as legally described in Exhibit A - Legal Description and as shown in Exhibit B - Location Map.
SECTION 2. Specific Use Permit Conditions
ENGINEERING/FLOODPLAIN: Brent O’Neal/Chris Agnew/Stephanie Griffin (972) 237-8141
M. 1. Update FEMA FIRM reference.
M. 2. Existing drainage patterns must be maintained;
M. 3. Drainage area map should be revised to include the offsite drainage area draining through the ditch south of the property;
M. 4. Drainage plans are inadequate to provide standard drainage facilities to maintain drainage for this site; offsite drainage must be maintained through the site;
M. 5. City approved grading, drainage, and erosion control plans are required in compliance with current drainage manual criteria prior to approval of any final plat, earthwork or building permit for the property. Such plans shall include complete plans and profiles of all storm drainage facilities with hydrologic and hydraulic information designed to current standards as provided in the Drainage Design Manual as currently amended. Tie storm drain hydraulics to existing downstream storm drain and extend to upstream properties. Where applicable, drainage from site shall discharge into drainage easement and shall convey flow to stream without causing erosion or flooding (maximum downstream velocity 6 fps). 100-year overflow shall be conveyed to stream in drainage easement.
ENVIRONMENTAL SERVICES: Terri Blocker, (972) 237-8461
SUP
1. Must be in compliance with TDSHS - Texas Food Establishment Rules and local ordinances regarding food service.
SITE PLAN
M. 1. DRINKING WATER PROTECTION: All new commercial establishments within the City of Grand Prairie must be equipped with appropriate cross connection device protection on the main waterline, fire line and irrigation lines.
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 must 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 first submission of building permits will speed up the permitting review process. Testing fees for backflow prevention devices must be paid prior to issuance of building permits.
M. 2. SAMPLE POINTS: The Environmental Services Department requires a sample point be installed on the sanitary sewer line. The location and a sample point detail must be shown on the building plans submitted for review with your application for a building permit. Structure and location should meet the requirements of the department. Providing this information during first submission of building permits will speed up the permitting review process.
M. 3. HEALTH PERMITS REQUIRED: Anyone wishing to operate a food or drinking establishment, food warehouse, child care center, grocery, public swimming pool, or convenience store must make application for a health permit and submit plans for review to the Environmental Services Department before construction is begun or before operation may begin within existing structures. Permits are non-transferable. These fees must be paid prior to issuance of building permits [city code 13-20].
M. 4. CONSTRUCTION ON ONE ACRE OR MORE: Before beginning site work on any tract which involves one (1) acre or more, or on any lot which is a portion of a tract which involves one (1) acre or more, owners or contractors must file a Notice of Intent (NOI) or complete an official Site Notice with the Texas Commission on Environmental Quality (TCEQ) for a construction storm water (general) permit. Contractors must have posted an official Site Notice. Contractors must provide a letter stating that they are posting an official site notice copy to the city’s Environmental Services Department, at least two (2) days in advance of the start of the project.
A Storm Water Pollution Prevention Plan (SWP3) which has been prepared and sealed by a licensed engineer showing storm water quality best management practices (BMPs) for construction activities must be submitted with building permit applications. BMPs must comply with the North Central Texas COG BMP manual, Storm Water Quality Best Management Practices for Construction Activities.
M. 4. CONSTRUCTION ON FIVE OR MORE ACRES: Before beginning site work on any tract which involves one (5) acres or more, or on any lot which is a portion of a tract which involves one (5) acres or more, owners or contractors must file a Notice of Intent (NOI) with the Texas Commission on Environmental Quality (TCEQ) for a construction storm water (general) permit. Contractors must have submitted a NOI to the TCEQ, and send a copy of application to the city’s Environmental Services Department, at least two (2) days in advance of the start of the project.
A Storm Water Pollution Prevention Plan (SWP3) which has been prepared and sealed by a licensed engineer showing storm water quality best management practices (BMPs) for construction activities must be submitted with building permit applications. BMPs must comply with the North Central Texas COG BMP manual, Storm Water Quality Best Management Practices for Construction Activities. Contact the City of Grand Prairie Environmental Services Department at (972)237-8055.
M 5 For development of a tract of land that is greater than one acre in area, the applicant must provide documents demonstrating compliance with Title 30, Part 1, Chapter 330, Subchapter T of the Texas Administrative Code relating to the use of land over closed municipal solid waste landfills. This is a state requirement designed to prevent the development of buildings over old landfills (known and unknown).
M. 6. 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 26-105(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.
M. 7. 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 Chapter 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.
M. 8. 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 sub-section 287.91].
M. 9. NUISANCE: No operations or activities may result in creation of a nuisance as defined in city code 29-68(12) to (29). Specifically, no building, road or construction activity may cause water to stand and result in mosquito harborage.
I. 10. MOSQUITO HARBORAGE: Property owners shall be responsible for all mosquito control activities on any body of water created as part of the site drainage plan. [city code 29-68(3)]
I. 11. NOISE: All noise created during the construction and subsequent operational activities conducted on the subject property must comply with City Code Chapter 13, Article XIII, Sections 13-275 to 13-286. Construction must be limited the daytime hours between six o’clock a.m. and ten o’clock p.m. when constructing a building with 300 feet of a residence.
A Noise abatement study may be required on any new businesses which may affect residence that live within 300 feet.
I. 12. ILLEGAL STORM WATER RUNOFF: Only rain water is allowed into the storm water system. Any wastewater generated from any swimming pool maintenance, commercial or industrial operations must be discharged to the sanitary sewer. All discharges into the sanitary sewer must comply with all federal, state, and local industrial discharge requirements [40 CFR part 122 and city code 26-40 to 26-69]
M. 13. 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)]
M. 14. GREASE AND SAND TRAPS: Grease and sand traps from automotive centers, service centers, and vehicle wash operations shall be connected to the sanitary sewer system [city code 26-41)]
M. 15. VEHICLES IN THE FLOOD PLAIN: Vehicles must not become flooded so that greases, oils, or other automotive fluids do not contaminate storm water. A bulk storage permit is required for these fluids [city code 29-150(22)].
M. 16. UNDERGROUND STORAGE TANKS: Applicants for permits to install, repair, or remove underground or above ground storage tanks or their associated piping or any part thereof must contact the Texas Commission of Environmental Quality (TCEQ) and the City of Grand Prairie Environmental Services Department at (972)237-8055 prior to beginning work on the project.
M. 17. MANUFACTURING: The Environmental Services Department must review all manufacturing or industrial operations before construction is begun. [City code 26-51]
M. 18. SPECIFIC COMMENTS: All existing buildings and facilities must 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.
I. 19. STRIP CENTER/RETAIL BUILDING: If the retail building has a projected food service use, the sanitary sewer must be designed in a way that a grease trap and an industrial waste sample point can be installed for each of those proposed suites.
M. 20. DUMPSTER ENCLOSURE: For new business customers seeking a certificate of occupancy or submitting a site layout, must adhere to requirements outlined in “Commercial Garbage Collection and Container Requirements, which may be accessed at: http://www.gptx.org/index.aspx?page=1808
BUILDING INSPECTIONS: Rob Ard, (972) 237-8230
M. 1. Further review at time of permitting.
FIRE DEPARTMENT: Joel Anderson, (972) 237-8300
M. 1. Fire lane must be 24’ wide.
TRANSPORTATION SERVICES: Daon Stephens, (972) 237-8319
M. 1. Show order point and vehicle stacking provided in drive through.
M. 2. Construct sidewalks along SE 9th
M. 3. Site as shown on vicinity map is incorrect. Site is at the NE corner of Pacific and SE 9th, not the NE corner of 180/main and NE 9th.
SECTION 3. Compliance
All development must conform to the approved Exhibit C - Site Plans, 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 building permit is not issued for a Restaurant with a Drive-Through within the Commercial (C) District within one (1) year after City Council adoption of this Ordinance, or upon cessation of the 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 SUP 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 21st DAY OF June, 2016.
ORDINANCE NO. 10077-2016
SPECIFIC USE PERMIT NO. 955A
CASE NO. SU150406/S150407