From
Chris Hartmann
Title
SU170805/S170801 - Specific Use Permit/Site Plan - West Polo Road Retail (City Council District 6). A Specific Use Permit/Site Plan to allow two commercial buildings totaling 24,000 square feet with a drive through on 3.416 acres. Thomas J. Tone Survey, Abstract No. 1460 City of Grand Prairie, Dallas County, zoned Planned Development-136 (PD-136), and addressed as 4700 S. Carrier Parkway. The agent is Daniel Dewey, JBI Partners, Inc. and the owner is William Pohl. (On June 4, 2018, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0).
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
A Specific Use Permit/Site Plan request for West Polo Retail to construct two commercial (retail/restaurant) buildings totaling 24,300 square feet with a drive thru. Thomas J Tone Abst 1460 Pg 235, City of Grand Prairie, Dallas County, Texas, zoned Planned Development-136 (PD-136) and addressed as 4700 S. Carrier Parkway.
PURPOSE OF REQUEST:
A request to construct two commercial (retail/restaurant) buildings totaling 24,300 square feet with a drive thru on 3.416 acres. Site Plan approval is required with approval of the Specific Use Permit for a drive thru and within a Planned Development district.
ADJACENT LAND USES, ACCESS AND ZONING:
North - Residential Use zoned Planned Development-261 (PD-261)
East - Church Use zoned Planned Development-136 (PD-136)
South/West - Fire Station Use zoned General Retail (GR)
CONFORMANCE WITH COMPREHENSIVE PLAN:
The 2010 Comprehensive Plan’s Future Land Use Map (FLUM) designates this area as Commercial/Retail/Office (C/R). The proposed use is consistent with the Comprehensive Plan.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The site will have two buildings 12,300 and 12,000 square feet in size. Both can accommodate a restaurant and retail space. The restaurants are 2,550 and 2,500 square feet each.
Access and Parking
The property will have access on E. Polo Road and Carrier Parkway. The number of parking spaces required is calculated based on use. Required parking for restaurants is 1 space per 100 square feet, requiring 51 spaces. Required parking for retail is 1 space per 275 square feet, requiring 70 spaces. The proposal provides 128 parking spaces and exceeds the minimum number of required spaces.
ZONING REQUIREMENTS:
Density and Dimensional Requirements
The subject property is Zoned Planned Development district with underlying General Retail uses; development is subject to the standards for GR District in the Unified Development Code (UDC). Table 2 evaluates the density and dimensional standards of the proposed development. With the exception of building height, 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 |
148,787 |
Yes |
|
Min. Lot Width (Ft.) |
50 |
303 |
Yes |
|
Min. Lot Depth (Ft.) |
100 |
633 |
Yes |
|
Front Setback (Ft.) |
55 |
70 |
Yes |
|
Rear Setback (Ft.) |
20 |
23.5 |
Yes |
|
Max. Height (Ft.) |
25; 30 at Entrance |
Up to 30’ |
No |
|
Max. F.A.R |
.35:1 |
.16:1 |
Yes |
Landscape and Screening
The property is subject to the landscaping and screening requirements found in Article 8 of the UDC. Table 3 summarizes what is required and what is proposed. The proposal meets or exceeds the required landscaping and screening.
|
Table 3: Landscape & Screening Requirements |
|
Standard |
Required |
Provided |
Meets |
|
Landscape Area (Sq. Ft.) |
14,898 |
30,600 |
Yes |
|
Trees |
26 |
32 |
Yes |
|
Dumpster Enclosure |
Masonry Enclosure |
Masonry Enclosure |
Yes |
|
Roof Mounted Equipment |
Screened by Parapet |
Screened by Parapet |
Yes |
|
Table 4: Building Materials |
|
Façade |
Brick 1 |
Brick 2 |
Stucco |
Metal |
|
North |
100% |
0% |
0% |
0% |
|
South |
60% |
16% |
0% |
24% |
|
East |
96% |
0% |
0% |
4% |
|
West |
95% |
0% |
0% |
5% |
HOA OUTREACH:
Throughout the development review process, the applicant and city staff have been in contact with the Westchester (H)ome (O)wner’s (A)ssociation. The site plan and plat for the subject property were both submpassitted to the Westchester HOA for review.
EXCEPTIONS:
-Due to exceeding the maximum height allowed (per Table 2), the applicant will need an exception.
-The south façade cannot exceed 20% metal. The applicant is currently showing 24%.
RECOMMENDATION:
Staff is supportive of the proposal and recommends approval subject to the following conditions:
• A Special Exception for building height must be approved.
• If surplus property adjacent to this property is acquired from the City, the Specific Use Permit will remain in force in the event the properties are combined and a new lot is created.
PLANNING AND ZONING RECOMMENDATION:
On June 4, 2018, the Planning and Zoning Commission recommended approval 8-0
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 PLANNED DEVELOPMENT-136 (PD-136) DISTRICT FOR COMMERCIAL USE TO WIT: BEING 3.416 ACRES OUT OF THE THOMAS J TONE ABST 1460 PG 235, 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; 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 June 4, 2018, 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 June 19, 2018, 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 1049 for the property located as shown in attached Exhibit D - Location Map and legally described as follows:
BEING 3.416 ACRES OUT OF THE THOMAS J TONE ABST 1460 PG 235, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS.
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.
Specific Use Permit
For operation of a Specific Use Permit for a restaurant with drive-through in the planned development-136 (pd-136) District; the following standards and conditions are hereby established as part of this ordinance:
1. The development shall adhere to the City Council approved Exhibit A - Site Plan, Exhibit B - Building Elevations, and Exhibit C - Landscape Plan, of this ordinance, which are herein incorporated by reference. No more than one drive thru window shall be allowed on the property referenced in Exhibit D.
2. Signage shall comply with the provisions set forth in the UDC, as amended.
3. Development shall be in compliance with TDSHS - Texas Food Establishment Rules and local ordinances regarding food service.
4. A maximum 30 ft. height shall be allowed for the site.
5. The stucco for the proposed building shall be replaced with light brick.
6. Tree plantings, per Article 8 of the City of Grand Prairie Unified Development Code, are required along the rear of the building.
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 said use for a period of one (1) year 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.
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 of JUNE, 2018.
ordinance no. 10488-2018
specific use permit no. 1049
case no. SU170805/S170801