From
Chris Hartmann
Title
SU170503/S170509 - Specific Use Permit/Site Plan - Retail, Restaurant, and QSR at Grand Central Crossing, Lot 3 (City Council District 2). A request to approve a Specific Use Permit and Site Plan authorizing the construction of a 6,813-square-foot building for retail/restaurant uses and operation of a restaurant with a drive-through. The 1.74-acre property is generally located on the southeast corner of State Highway 161 and Arkansas Lane, zoned Planned Development-273A (PD-273A) District, and within the SH 161 Overlay District. The agent is Byron Waddey, Vasquez Engineering, LLC, the applicant is Chad DuBose, JCD Holdings, LLC, and the owner is James F. Mason Jr., FRC/AC Grand Prairie Arkansas, LLC. (On May 1, 2017, the Planning and Zoning Commission recommended approval of this request by a vote of 7-0).
Presenter
Assistant City Manager Bill Crolley
Recommended Action
Approve
Analysis
PURPOSE OF REQUEST:
The applicant intends to construct a 6,813 square-foot building for retail and restaurant uses on Lot 3 of Grand Central Crossing Addition. A restaurant with a drive-through is proposed for the east side of the building. Smoothie King will occupy approximately 1,500 square feet of the building and operate the drive through.
City Council approval of a Site Plan is required for the development of properties within a planned development district or an overlay district. Development at this location requires site plan approval by City Council because the property is zoned PD-273A and within the SH 161 Overlay District.
A Specific Use Permit is required for a restaurant with a drive-through that is located within 300 feet of a residential district or in an overlay district. Operation of a restaurant with a drive-through at this location requires a Specific Use Permit because the property is within 300 feet of a residential zoning district and within the SH 161 Overlay District.
ADJACENT LAND USES AND ACCESS:
The following table summarizes the zoning designation and existing land use for surrounding properties.
|
Table 1: Adjacent Zoning and Land Uses |
|
Direction |
Zoning |
Existing Use |
|
North |
PD-351 for Commercial Uses |
Undeveloped pad sites, future Walmart |
|
South |
PD-273A for Commercial Uses |
Education (Dubiski Career High School) |
|
West |
State Highway 161 |
|
East |
PD-273A for Single Family Uses |
Single Family Residential (Brookfield North) |
CONFORMANCE WITH COMPREHENSIVE PLAN:
The 2010 Comprehensive Plan’s Future Land Use Map (FLUM) designates this area as Commercial/Retail/Office (C/R). Commercial/Retail/Office development should include office, service and retail uses. The proposed use is consistent with the Comprehensive Plan.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The 1.74-acre property is one of six lots in the Grand Central Crossing Addition, a 10-acre development for restaurants, retail, and a hotel. The proposed multi-tenant building is 6,813 square feet. Smoothie King will occupy about 1,500 square feet on the east side of the building and operate the drive-through. The following table shows the proposed hours of operation.
|
Table 2: Smoothie King Hours of Operation |
|
Day |
Hours |
|
Monday - Friday |
7:00 am to 9:00 pm |
|
Saturday |
8:00 am to 9:00 pm |
|
Sunday |
10:00 am to 8:00 pm |
Access and Parking
The property is accessible by a drive on Arkansas Lane; a mutual access easement provides access to and circulation around the development. The required number of parking spaces is determined by use. Table 3 provides the parking calculations for the proposed development. The number of parking spaces provided exceeds the number of spaces required.
|
Table 3: Calculation of Required Parking Spaces |
|
Standard |
Calculation |
Required |
Provided |
Meets |
|
Min. Spaces for Retail |
1 per 275 Sq. Ft. |
11 |
23 |
Yes |
|
Min. Spaces for Restaurant |
1 per 100 Sq. Ft. of Dining |
20 |
32 |
Yes |
|
Total Spaces |
|
31 |
55 |
Yes |
ZONING REQUIREMENTS:
Density and Dimensional Requirements
The subject property is zoned PD-273A with a base zoning of General Retail (GR) District; development is subject to the standards for GR District in the Unified Development Code (UDC). Table 4 evaluates the density and dimensional standards of the proposed development. The proposal meets or exceeds the density and dimensional requirements.
|
Table 4: Site Data Summary |
|
Standard |
Required |
Provided |
Meets |
|
Min. Lot Area Sq. Ft. |
5,000 |
75,738 |
Yes |
|
Min. Lot Width (Ft.) |
50 |
225.12 |
Yes |
|
Min. Lot Depth (Ft.) |
100 |
337.64 |
Yes |
|
Front Setback (Ft.) |
25 |
102.5 |
Yes |
|
Rear Setback (Ft.) |
0 |
151.5 |
Yes |
|
Max. Height (Ft.) |
25 |
22 |
Yes |
|
Entrance Max. Height (Ft.) |
30 |
27.33 |
Yes |
|
Max. F.A.R |
.35:1 |
.08:1 |
Yes |
Landscape and Screening
The property is subject to the landscaping and screening requirements found in Article 8 and Appendix F of the UDC. Table 5 summarizes what is required and what is provided. The proposal meets or exceeds the landscaping and screening requirements.
|
Table 5: Landscape & Screening Requirements |
|
Standard |
Required |
Provided |
Meets |
|
Landscape Area (Sq. Ft.) |
7,574 |
26,396 |
Yes |
|
Trees |
15 |
15 |
Yes |
|
Shrubs |
152 |
152 |
Yes |
|
Dumpster Enclosure |
Masonry Enclosure |
Masonry Enclosure |
Yes |
|
Roof Mounted Equipment |
Screened by Parapet |
Screened by Parapet |
Yes |
|
Screening of Non-Residential Uses |
Masonry Wall |
Existing Masonry Wall |
Yes |
|
Buffering of Non-Residential Uses |
15’ Landscape Buffer |
Alternative Compliance |
Yes |
The UDC requires a 15-foot landscape buffer planted with trees. However, a 100-foot power line easement with overhead transmission lines is located along the east property line. Structures and tall landscaping are prohibited from being placed within the easement.
The applicant has proposed an open space amenity within the 100-foot power line easement as an alternative to the required landscape buffer with trees. The open space design includes walking trails, short plantings and benches. Residents will be able to access the green space amenity through a portal in the existing wall. The open space amenity was presented to representatives of the Brookfield North Homeowners Association (HOA). Representatives of Brookfield North HOA requested that the portal be gated and locked.
CORRIDOR OVERLAY DISTRICT STANDARDS:
The purpose the overlay district is to maximize the 161 corridor’s potential as a city asset and increase the quality of development; the standards in Appendix F are intended to achieve this. These standards include requirements for building articulation, materials, and architectural elements.
Exterior Building Materials
The building exterior is primarily clad in brick and stone. Table 6 summarizes the building materials by façade. The proposed building elevations meet the materials requirement.
|
Table 6: Building Materials |
|
Façade |
Total Masonry |
Stone Accent |
Metal Accent |
Stucco |
|
North |
85.5% |
38.3% |
5.2% |
9.3% |
|
South |
81.8% |
52.4% |
0% |
18.2% |
|
East |
81.1% |
52.9% |
3.1% |
15.8% |
|
West |
86.4% |
48.1% |
4.3% |
9.3% |
Architectural Features
Primary facades are required to include the architectural features listed in Table 7. The proposed building elevations meet the standards for architectural elements, parapet with cornice, and roof profile variation. The south and east building facades do not satisfy the requirements for covered walkways and windows.
|
Table 7: Architectural Features for Primary Facades |
|
Standard |
Required |
Meets |
|
Architectural Elements |
Distinct base, field wall and parapet with cornice |
Yes |
|
Parapet with Cornice |
Parapet with projecting cornice |
Yes |
|
Covered Walkways |
Along 50% of the length of the façade |
No |
|
Windows |
50% of the length of the façade |
No |
|
Roof Line |
Roof profile variation |
Yes |
ADDITIONAL CONSIDERATIONS:
Unified Signage Plan
PD-273A requires that developers of multi-tenant buildings submit a unified signage plan to encourage unified design treatments and consolidation of multi-tenant signs. The signage plan submitted by the applicant meets UDC requirements.
Unified Design Theme
This site plan establishes the design theme for the development. Subsequent development shall be required to use a minimum of three of the elements. The design theme includes the following elements: predominant use of complimentary earth tones, a color palette that favors the warm end of the spectrum, light/dark contrast between two masonry veneers, textural contrast between two masonry veneers, and limited use of a deep saturated color as an accent.
APPEALS AND EXCEPTIONS:
The applicant is requesting an exception to the requirement for covered walkways along 50% of the length of the façade for the south and east facades and an exception to the requirement for windows along 50% of the length of the façade for the south and east facades.
Compensatory Measures
The applicant has proposed the following compensatory measures: higher percentage of stone and cast stone/brick accent banding.
RECOMMENDATION:
The Planning and Zoning Commission recommended approval by a vote of 7-0 with the following conditions:
• Restaurant with drive-through hours of operation shall be limited to the following hours:
|
Day |
Hours |
|
Monday - Friday |
7:00 am to 9:00 pm |
|
Saturday |
8:00 am to 9:00 pm |
|
Sunday |
10:00 am to 8:00 pm |
• The open space amenity located on Lot 3 shall be installed before the certificate of occupancy is issued.
• The Walmart drive is striped to show two entrance lanes and one exit lane.
The Development Review Committee (DRC) recommended approval subject to the conditions contained in the staff report.
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-273A (PD-273A) DISTRICT, TO WIT: BEING 1.74 ACRES OUT OF THE D. R. CAMERON SURVEY, ABSTRACT NO. 295, 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 May 1, 2017, 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 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 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 May 16, 2017, 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 1019 for the property legally described in Exhibit A - Legal Description and depicted in Exhibit B - Location Map, 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.
Specific Use Permit
For operation of a Specific Use Permit for a restaurant with drive through in the planned development-273A (pd-273A) 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 C - Site Plan Package, of this ordinance, which is herein incorporated by reference.
2. The operation of the restaurant with drive-through shall be limited to the following hours:
• Monday through Friday - 7:00 am to 9:00 pm,
• Saturday - 8:00 am to 9:00 pm, and
• Sunday - 10:00 am to 8:00 pm.
3. Development shall be in compliance with TDSHS - Texas Food Establishment Rules and local ordinances regarding food service.
4. 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.
5. 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.
6. 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.
7. 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].
8. 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.
9. 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.
10. 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].
11. 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.
12. Grease trap, sewer lines, and fuel tanks shall be constructed at least 150 feet away from wellhead.
13. 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 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 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 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 16th of MAY, 2017.
ordinance no. 10261-2017
specific use permit no. 1019
case no. su170503/S170509