From
Chris Hartmann
Title
SU170601/S170601 - Specific Use Permit/Site Plan - Whataburger at Bush and Pioneer Centre (City Council District 2). A request to approve a Specific Use Permit and Site Plan authorizing the construction and operation of a restaurant with a drive-through. The 1.32-acre property is zoned Planned Development-351 (PD-351) District, located within the SH 161 Overlay District, and addressed as 2630 S Highway 161. The agent is Steven Granado, Jacobs and the owner is Robert Dorazil, Bush Pioneer Property LP c/o UCD Development. (On June 5, 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 and operate a 3,578 square-foot restaurant with a drive-through. The subject property is zoned PD-351 and within the SH 161 Overlay District. Development of properties within a planned development district or an overlay district requires City Council approval of a Site Plan. Restaurants with a drive-through require a Specific Use Permit when located within an 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 |
Undeveloped (Approved SUP/SP for Panda Express) |
|
South |
PD-351 |
Commercial (Walmart Fueling Station) |
|
West |
LI |
Industrial (Restoration Hardware) |
|
East |
PD-351 |
Commercial (Walmart) |
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 3,578 square-foot restaurant is proposed for Lot 9, of the Bush & Pioneer Centre, an 11-lot development anchored by Walmart. The site is accessible by a drive on Highway 161. A dual-lane drive-through provides the required stacking spaces.
The required number of parking spaces is calculated based on proposed use. The UDC requires restaurants to provide one space per 100 square feet of designated dining and waiting areas. The proposal provides 39 parking spaces and exceeds the number of required parking spaces.
ZONING REQUIREMENTS:
Density and Dimensional Requirements
Table 2 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 |
57,543 |
Yes |
|
Min. Lot Width (Ft.) |
50 |
248.79 |
Yes |
|
Min. Lot Depth (Ft.) |
100 |
233.03 |
Yes |
|
Front Setback (Ft.) |
25 |
25 |
Yes |
|
Rear Setback (Ft.) |
0 |
15 |
Yes |
|
Max. Height (Ft.) |
25 |
21 |
Yes |
|
Max. F.A.R |
.5:1 |
.06:1 |
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 3 summarizes what is required and what is provided. The proposal meets or exceeds the landscaping and screening requirements.
|
Table 3: Landscape & Screening Requirements |
|
Standard |
Required |
Provided |
Meets |
|
Landscape Area (Sq. Ft.) |
5,755 |
16,680 |
Yes |
|
Trees |
12 |
12 |
Yes |
|
Shrubs |
115 |
174 |
Yes |
|
Parking Lot Screening |
36” Hedge |
36” Hedge |
Yes |
|
Dumpster Enclosure |
Masonry Enclosure |
Masonry Enclosure |
Yes |
|
Roof Mounted Equipment |
Screened by Parapet |
Screened by Parapet |
Yes |
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 4 summarizes the building materials by façade. The proposed building elevations meet the materials requirement.
|
Table 4: Building Materials |
|
Façade |
Brick |
Stone Accent |
Total Masonry |
Stucco |
|
North |
68.4% |
28.6% |
97% |
3% |
|
South |
16.9% |
71.7% |
88.6% |
11.4% |
|
East |
60.5% |
32.8% |
93.3% |
6.7% |
|
West |
62.8% |
34% |
96.8% |
3.2% |
Architectural Features
Primary facades are required to include the architectural features listed in Table 5. With the exception of providing a projecting cornice, the proposed building elevations are in substantial compliance with Appendix F.
|
Table 5: 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 |
No |
|
Covered Walkways |
Along 50% of the length of the façade |
Yes |
|
Windows |
50% of the length of the façade |
Yes |
|
Roof Line |
Roof profile variation |
Yes |
APPEALS AND EXCEPTIONS:
The applicant is requesting an exception to the requirement for a projecting cornice. The applicant provides a cornice that does not project. Staff does not object to the applicant’s request for an exception.
RECOMMENDATION:
The Planning and Zoning Commission recommended approval by a vote of 7-0.
The Development Review Committee (DRC) recommended 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 RESTAURANT WITH DRIVE THROUGH IN THE PLANNED DEVELOPMENT-351 (PD-351) DISTRICT FOR COMMERCIAL USE TO WIT: BEING 1.32 ACRES SITUATED IN THE A. JENKINS SURVEY, ABSTRACT NO. 713, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, SPECIFICALLY, LOT 9, BLOCK A, OF BUSH & PIONEER CENTRE; 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 5, 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 June 20, 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:
I.
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 number # for the property, addressed as 2630 S Highway 161 and depicted in Exhibit A - Location Map, attached hereto.
II.
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.
III.
SPECIFIC USE PERMIT
For operation of a Specific Use Permit for a restaurant with drive through in the planned development-351 (pd-351) 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 B - Site Plan Package, of this ordinance, herein incorporated by reference.
2. All operations shall conform to the City Council approved Site Plan and Exhibit C - Operational Plan, herein incorporated by reference.
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.
IV.
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.
V.
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.
VI.
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
VII.
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 20th of JUNE, 2017.
ordinance no. 10282-2017
specific use permit no. 1023
case no. su170601/S170601