From
Chris Hartmann
Title
SU190401/S190401 - Specific Use Permit/Site Plan - 7-Eleven, 1020 Mayfield Road (City Council District 2). Specific Use Permit and Site Plan for a Convenience Store with Gasoline Sales on 1.043 acres. Lot 4, Block A, Epic East Towne Crossing Phase 1, City of Grand Prairie, Dallas County, Texas, zoned PD-364, within the SH-161 Overlay District, and addressed as 1020 Mayfield Rd. The agent is Kyle Vrla, Dynamic Engineering, the applicant is Marley Phillips, Creighton Development, and the owner is Mark Davis, Epic East Towne Crossing, L.P. (On April 1, 2019, the Planning and Zoning Commission recommended approval of this request by a vote of 7-0).
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
Specific Use Permit and Site Plan for a Convenience Store with Gasoline Sales on 1.043 acres. Lot 4, Block A, Epic East Towne Crossing Phase 1, City of Grand Prairie, Dallas County, Texas, zoned PD-364, within the SH-161 Overlay District, and addressed as 1020 Mayfield Rd.
PURPOSE OF REQUEST:
The applicant intends to construct a 3,061 sq. ft. convenience store with gasoline sales on 1.043 acres. Convenience Stores with Gasoline sales require a Specific Use Permit. Any development in an overlay district or planned development district requires City Council approval of a Site Plan. Development at this location requires a Specific Use Permit and Site Plan approval by City Council.
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 |
Undeveloped |
|
South |
PD-294 |
IKEA |
|
West |
PD-364 |
Undeveloped |
|
East |
PD-364 |
Undeveloped |
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The proposed use is a Convenience Store with Gasoline Sales. The Site Plan includes a 3,061 sq. ft. convenience store, a gasoline canopy over eight fuel pumps (16 pump stations), dumpster enclosure, drive aisles, and 13 parking spaces. The site will be accessible from a mutual access drive off of Mayfield Road.
ZONING REQUIREMENTS:
Density and Dimensional Requirements
The property is subject to density and dimensional requirements in Article 6 of the Unified Development Code (UDC). The following table summarizes these requirements. The proposal meets the density and dimensional requirements.
|
Table 2: Site Data Summary |
|
Standard |
Required |
Provided |
Meets |
|
Min. Lot Area (Sq. Ft.) |
5,000 |
45,446 |
Yes |
|
Min. Lot Width (Ft.) |
50 |
170.25 |
Yes |
|
Min. Lot Depth (Ft.) |
100 |
229.46 |
Yes |
|
Front Setback (Ft.) |
25 |
25 |
Yes |
|
Rear Setback (Ft.) |
0 |
0 |
Yes |
|
Max. Height (Ft.) |
25 |
24 |
Yes |
|
Max. Floor Area Ratio (FAR) |
.5:1 |
.08:1 |
Yes |
Landscape and Screening
The property is subject to landscape and screening requirements in Article 8 and Appendix F of the UDC and PD-364. The table below summarizes these requirements. The proposal meets or exceeds the landscape and screening requirements.
|
Table 3: Landscape & Screening Requirements |
|
Standard |
Required |
Provided |
Meets |
|
Landscape Area (Sq. Ft.) |
4,546 |
11,989 |
Yes |
|
Trees |
10 |
10 |
Yes |
|
Shrubs |
91 |
105 |
Yes |
|
Dumpster Enclosure |
Masonry Enclosure |
Masonry Enclosure |
Yes |
Building Design
The building is primarily clad in brick and stone. Appendix F requires a stone accent on primary façades. The stone accent must be a different color and surface texture used for the main structure. The proposal meets the stone accent requirement.
The following architectural features are required: articulation, parapet with projecting cornice, windows, covered walkways or awnings, and roof profile variation. The proposed building elevations meet the building design requirements in Appendix F.
EXCEPTIONS OR APPEALS:
The applicant is not requesting any exceptions.
RECOMMENDATION:
At its April 1, 2019 meeting, the Planning and Zoning Commission voted 7-0 to recommend approval.
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 CONVENIENCE STORE WITH GASOLINE SALES IN THE PLANNED DEVELOPMENT-364 DISTRICT: BEING 1.043 ACRES OUT OF THE CHARLES J. BABCOCK SURVEY, ABSTRACT NO. 59, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, SPECIFICALLY, LOT 4, BLOCK A, 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; PROVIDING A PENALTY CLAUSE; 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 Convenience Store with Gasoline Sales; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on April 1, 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 Convenience Store with Gasoline Sales 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 7 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 Convenience Store with Gasoline Sales; 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 April 16, 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 Convenience Store with Gasoline Sales on Lot 4, Block A, of 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. STANDARDS AND CONDITIONS
For operation of a CONVENIENCE STORE WITH GASOLINE SALES IN THE PLANNED DEVELOPMENT-364 DISTRICT; the following standards and conditions are hereby established as part of this ordinance:
1. The development shall maintain compliance with all Federal, State and Local regulations; including, but not necessarily limited to, all applicable standards and regulations of the Grand Prairie Municipal Code, Unified Development Code, and Planned Development-364 District.
2. The development shall adhere to the City Council approved Exhibit B - Site Plan, Exhibit C - Landscape Plan, and Exhibit D - Building Elevations, of this ordinance, which are herein incorporated by reference.
3. Signage shall comply with the provisions set forth in the UDC, as amended.
4. The number of gasoline pumps shall not exceed the number shown on the approved Exhibit B - Site Plan.
5. Development shall be in compliance with TDSHS - Texas Food Establishment Rules and local ordinances regarding food service.
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 one (1) year after City Council adoption of this Ordinance, or upon cessation of gas sales for a period of six (6) months or more.
2. It shall be unlawful for the owner, manager, or any person in charge of the business which is the subject matter of this Ordinance to violate the conditions of the Specific Use Permit imposed by the City Council.
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.
That all ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTON 6.
That a violation of this Ordinance shall be a misdemeanor punishable in accordance with Section 1-4 of the Code of Ordinances of the City of Grand Prairie, Texas.
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 1-8 of the Code of Ordinances of the City of Grand Prairie, Texas.
SECTION 9.
That this Ordinance shall be and become effective immediately upon and after its passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS the 16th of APRIL, 2019.
ordinance no. 10623-2019
specific use permit no. 1070
case no. SU190401/S190401