From
Monica Espinoza
Title
SU200802/S200802 - Specific Use Permit/Site Plan - Jack In The Box (City Council District Specific Use Permit and Site Plan for a 2,765 sq. ft. restaurant with a drive-through on 1.19 acres. Lot 4, Block B, Epic West Towne Crossing Phase 1, City of Grand Prairie, Dallas County, Texas, zoned PD-364, within the SH 161 Corridor Overlay District, and addressed as 3146 S HWY 161. (On August 10, 2020, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0).
Presenter
Savannah Ware, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
Specific Use Permit and Site Plan for a 2,765 sq. ft. restaurant with a drive-through on 1.19 acres. Lot 4, Block B, Epic West Towne Crossing Phase 1, City of Grand Prairie, Dallas County, Texas, zoned PD-364, within the SH 161 Corridor Overlay District, and addressed as 3146 S HWY 161.
PURPOSE OF REQUEST:
The applicant intends to construct a 2,765 sq. ft. restaurant with a drive-through in Epic West Towne Crossing. Restaurants with a drive-through require a Specific Use Permit when located within a Corridor Overlay District. Development in a Planned Development District or Corridor Overlay District requires Site Plan approval by City Council. Development at this location requires City Council approval of a Site Plan because the property is zoned PD-364 and within the SH-161 Corridor Overlay District.
The purpose of site plan approval is to ensure that development meets requirements in the Unified Development Code (UDC), provides adequate circulation, and uses quality site planning techniques. The UDC identifies criteria for evaluating proposed developments. Criteria include density and dimensional standards, landscaping and screening requirements, and architectural design for special districts.
The purpose of the Specific Use Permit process is to identify those uses which might be appropriate within a zoning district, but due to either their location, functional or operational nature, could have potentially negative impact upon surrounding properties; and to provide for a procedure whereby such uses might be permitted by further restricting or conditioning them so as to eliminate such probable negative impacts.
ADJACENT LAND USES:
The following table summarizes the zoning designation and existing use for the surrounding properties.
|
Table 1: Zoning and Land Use |
|
Direction |
Zoning |
Existing Use |
|
North |
PD-364 |
Restaurant (Olive Garden) |
|
East |
PD-364 |
HWY 161; Undeveloped |
|
South |
PD-364 |
Restaurants/Retail (Salata, First Watch) |
|
West |
PD-364 |
Restaurants/Retail |
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The applicant intends to construct a 2,765 sq. ft. restaurant with a drive-through in Epic West Towne Crossing. The site is accessible from Esplanade via shared access drives on properties to the north and south. The Site Plan includes the building, parking spaces, fire lane and access drives, and a dumpster enclosure.
ZONING REQUIREMENTS:
Density and Dimensional Requirements
The subject property is zoned PD-364 with a base zoning district of Commercial (C). Development is subject to the standards in PD-364 and the Unified Development Code (UDC). The following table evaluates the density and dimensional standards of the proposed development. The proposal meets or exceeds the density and dimensional requirements.
|
Table 2: Site Data Summary |
|
Standard |
Required |
Provided |
Meets |
|
Min. Lot Area (Sq. Ft.) |
5,000 |
52,007 |
Yes |
|
Min. Lot Width (Ft.) |
50 |
172.76 |
Yes |
|
Min. Lot Depth (Ft.) |
100 |
299.48 |
Yes |
|
Front Setback (Ft.) |
25 |
25 |
Yes |
|
Rear Setback (Ft.) |
0 |
0 |
Yes |
|
Max. Height (Ft.) |
25 |
21 |
Yes |
|
Max. Floor Area Ratio |
.5:1 |
.053:1 |
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 the landscape and screening requirements.
|
Table 3: Landscape & Screening Requirements |
|
Standard |
Required |
Provided |
Meets |
|
Area (Sq. Ft.) |
5,200 |
10,114 |
Yes |
|
Trees |
14 |
14 |
Yes |
|
Shrubs |
104 |
156 |
Yes |
|
Dumpster Enclosure |
Masonry Enclosure |
Masonry Enclosure |
Yes |
APPENDIX F STANDARDS:
Building Design
The exterior building materials include porcelain tile, brick, stucco, and metal accent panels. Appendix F contains two windows requirements. The first is that facades shall include windows in an area that equals 50% of the overall vertical surface of all facades or that equals 50% of the length of all facades. The second requirement is that windows shall account for 30% of the area of street-facing facades. The proposed building elevations do not meet either of the window requirements.
Menu Items
Appendix F requires that applicants provide Menu Items from four categories: Usable Open and Pedestrian Walkways, Site Design and Building Orientation, Building Design, and Healthy, Smart, and Sustainable Community. The table below lists the Menu Items included in the proposal. The proposal meets the Appendix F Menu Items requirements.
|
Table 4: Appendix F Menu Items |
|
Category |
Amenity |
|
Site Design and Building Orientation |
Strategic Parking |
|
Site Design and Building Orientation |
Add Parking Lot Trees |
|
Building Design |
Stone Accent |
|
Building Design |
Color Contrast |
|
Building Design |
Specialty Accent |
|
Building Design |
Corner Treatment |
|
Building Design |
Articulated Public Entrance |
|
Building Design |
Roof Profile Variation |
|
Building Design |
Articulation Elements |
|
Building Design |
Enhanced Windows |
|
Building Design |
Design Elements |
|
Healthy, Smart & Sustainable Community |
70% Native Plants |
|
Healthy, Smart & Sustainable Community |
Wi-Fi |
|
Healthy, Smart & Sustainable Community |
USB Charging Stations |
|
Alternative Compliance |
White Concrete Pavement |
VARIANCES:
1. 30% Windows on Street-Facing Facades. The applicant is requesting a variance to construct the building with 21% windows on the east facade and 0% windows on the west facade when 30% is required.
2. Total Windows. The applicant is requesting a variance to construct the building with windows along 35% of the length of all facades when 50% is required.
RECOMMENDATION:
The Planning and Zoning Commission recommended approval with staff's condition by a vote of 8-0.
The Development Review Committee (DRC) recommends approval with the following condition:
1. The developer shall provide an enhanced landscape area with plantings west of the building as a compensatory measure for 0% windows on the west facade. The enhanced landscape area shall be comparable to the areas shown in Attachment i - Examples of Enhanced Landscape Area.
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 A DRIVE-THROUGH WITHIN THE SH-161 CORRIDOR OVERLAY DISTRICT: BEING LOT 4, BLOCK B, EPIC WEST 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; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
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 a Drive-Through; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on August 10, 2020, 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 a 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 a 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 September 1, 2020, 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 4, Block B, Epic West Towne Crossing Phase 1, City of Grand Prairie, Dallas County, Texas, as depicted in Exhibit A - Location Map, attached hereto.
SECTION 2. That 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. That for development and operations of a Restaurant with a Drive-Through, 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, Exhibit D - Building Elevations, and Exhibit E - Appendix F Menu Items of this ordinance, which are herein incorporated by reference.
2. The City Council has granted the variances listed below.
a. Windows for Street-Facing Facades: The City Council grants a variance to the requirement that windows account for 30% of the west and east facades.
b. Windows for All Facades: The City Council grants a variance to the requirement that windows account for 50% of the area of all facades or that windows are provided along 50% of the length of all facades.
3. The developer shall provide an enhanced landscape area with plantings west of the building as a compensatory measure for 0% windows on the west facade. The enhanced landscape area shall be comparable to the areas shown in Attachment i - Examples of Enhanced Landscape Area.
SECTION 4. That the operations of a Restaurant with a Drive-Through shall comply with the following:
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. 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.
5. The operation of the facility shall be in strict compliance with all requirements of the Environmental Services Department, Building Inspections, Police Department and Fire Administration.
6. Any unsafe or unauthorized operations or activities may be determined as grounds for revocation of the Specific Use Permit by the City Council.
SECTION 5. That it is further provided that in the case a section, clause, sentence or part of this Ordinance shall be deemed or adjudicated 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 a violation of this Ordinance is a misdemeanor punishable in accordance with Section 1-8 of the Code of Ordinances of the City of Grand Prairie, Texas. The penalty provided herein shall be cumulative of other remedies provided by State law, and the power of injunction as provided in Texas Local Government Code Section 54.016, as amended, may be exercised in enforcing this ordinance whether or not there has been a complaint filed.
SECTION 7. That the Unified Development Code of the City of Grand Prairie, as amended, shall be and remain in full force and effect save and except as amended by this Ordinance.
SECTION 8. That the terms and provisions of this Ordinance are severable and are governed by Section 1-4 of the Code of Ordinances of the City of Grand Prairie, Texas.
SECTION 9. That all ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 10. 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 1st of september, 2020.
ordinance no. 10879-2020
specific use permit no. 1093
case no. SU200802/s200802