From
Chris Hartmann
Title
SU100602/S100602 - Specific Use Permit/Site Plan - 3010 S. Carrier Parkway (City Council District 4). Approval of a Specific Use Permit and Site Plan for a convenience store with gasoline sales on 2.187 acres. The site is currently zoned General Retail (GR) District and is located at the northwest corner of S. Carrier Parkway and W. Warrior Trail. The subject property is located within the S.H. 161 Overlay District. The owner is Barkat Daradza, the applicant is DDC, Inc., and the agent is Mohammad A. Habb. (On November 1, 2010, the Planning and Zoning Commission recommended approval of this request by a vote of 7-0.)
Presenter
Chief City Planner Kevin Lasher
Recommend Action
Approved
Analysis
SUMMARY:
Consideration of a request for the approval of a Specific Use Permit and Site Plan for a convenience store with gasoline sales on 2.187 acres. The site is currently zoned General Retail (GR) District and is located at the northwestern corner of S. Carrier Parkway and W. Warrior Trail. The subject property is located within the S.H. 161 Overlay District.
ADJACENT LAND USES AND ACCESS:
North - The single family subdivision to the north is zoned Planned Development District 243 (PD-243) for single family residential uses. A portion of the property under common ownership extends to Oakbrook Drive, a local street. This portion of the site will remain a landscape buffer.
South - Warrior Trail is designated as a M4U, Minor Arterial, 4-lane undivided thoroughfare on the Citys Master Transportation Plan. South of Warrior Trail is vacant property zoned Planned Development District 99 (PD-99) for general retail uses. On the southeast corner of Carrier Parkway and Warrior Trail is a dry cleaning business with a Specific Use Permit (S-625).
East - Carrier Parkway is designated as a P6D, Principal Arterial, 6-lane divided thoroughfare on the Citys Master Transportation Plan. East of Carrier Parkway is a retail center zoned General Retail (GR) District. A vacant pad site exists on the northeast corner of Carrier Parkway and Warrior Trail.
West - To the immediate west of the site plan area is a vacant portion of the lot, which is zoned General Retail (GR) District. Robinson Road is on the west side of the vacant area, and is designated as a P4D, Principal Arterial, 4-lane divided thoroughfare on the Citys Master Transportation Plan.
PURPOSE OF REQUEST:
Article 4 of the Unified Development Code (UDC) requires a Specific Use Permit for a Retail Convenience Store with Gasoline Sales. Site Plan approval is also required for properties within the S.H. 161 Corridor Overlay District.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The proposed Convenience Store with Gasoline Sales will occupy a 12,058 square-foot masonry building on a 2.187 acre tract of land. Article 4 of the Unified Development Code (UDC) requires a Specific Use Permit for a Convenience Store with Gasoline Sales in a General Retail (GR) District. The operational plan states that the business will employ about 15 to 18 employees. The convenience store will be open 24 hours a day, seven days a week, and will not sell sexually oriented materials including, but not limited to, magazines.
A previous site plan was submitted for this site as case number SU071203/ S071201. The case was denied by City Council by a vote of 4 to 3. The applicant has made changes to the site plan based upon review of the Council minutes. The differences between the old submittal and the new submittal are as follows:
1) The original application was for six lots on 4.9 acres with a Specific Use Permit for a Convenience Store with Gasoline Sales on the northwest corner of Carrier Parkway and Warrior Trail. The other buildings were speculative retail and medical office uses.
The new application is for one lot (2.187 acres) with a Specific Use Permit for a Convenience Store with Gasoline Sales (and restaurant) on the northwest corner of Carrier Parkway and Warrior Trail. The other lots will remain un-platted. Site Plans will be required when those lots are ready for development.
2) The original application required a variance for the minimum stone requirement as required by the State Highway 161 (SH-161) Overlay District.
The new application is not requesting any variances.
3) The original application did not include a Concept Plan.
The new application includes a Concept Plan that encompasses the entire acreage under common ownership. A detailed drainage study will be required with the plat submittal.
4) The original application included eight gas pump islands. The new application includes five gas pump islands.
5) The original application included a drive-through lane at the rear of the property, adjacent to residential zoning and uses. The new application does not include a drive-through lane.
6) The original application had the convenience store directly facing Carrier Parkway, which would allow light spillage from the overhead canopy in the pump areas to the residential area to the north.
The new application has the convenience store building oriented diagonally, facing the intersection of Carrier Parkway and Warrior Trail, which allows the building to act as a buffer between the lighting in the gas pump islands and the adjacent neighborhood.
7) The new application includes a condition in the ordinance that any lighting at the rear of the property will be directed toward the center of the site and shielded to eliminate any direct glare on adjoining residential development.
The Site Plan meets the parking and landscape requirements. There will be 71 parking spaces including four handicap spaces, which meets the 44 space requirement. The required landscape area for the General Retail (GR) District is 5% of the total site area. The proposed landscape area is 40% of the total site area. The color scheme of the building is tan, beige and red earth tones. The exterior building materials will brick and stone with 10% stucco accent materials, similar to another convenience store that the company owns in Irving. The dumpster enclosure will be a six-foot tall masonry screening fence that is similar in material to the main structure and meets the requirements of UDC, Subsection 8.8.7.2.
ZONING HISTORY:
The current zoning is General Retail (GR) District, as approved by City Council on October 19, 1999, and recorded as Ordinance No. 6162 [zoning case Z990903]. Prior to 1999, the subject property was zoned Planned Development District 191 (PD-191) for Commercial, Retail and Multi Family Uses. PD-191 was approved by City Council on October 20, 1987.
Prior to 1987, the property was zoned Planned Development District 97 (PD-97) for single family, general retail, office, multi family and neighborhood service uses. PD-97 was approved by City Council on January 29, 1980, and amended on February 15, 1983 to allow single family (attached and detached) multi family and general retail uses.
Prior to 1980, the property was zoned Single Family-Two (SF-2) District. The property was annexed into the City in 1961.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Comprehensive Plan designates this area for commercial and retail uses. Consequently, staff has determined that this use is in conformance with the Comprehensive Plan as adopted in October of 2005.
PROJECTS VESTED STATUS:
The subject property is not platted and is part of the D.R. Cameron Survey, Abstract 295, Page 320, Tract 4.9. The property will need to be platted prior to obtaining a building permit. This Specific Use Permit/ Site Plan application (SU100602/S100602) will vest the subject property to the development standards in place as of the submittal date, April 20, 2010.
DENSITY AND DIMENSIONAL IMPACTS:
A sampling of development requirements for the General Retail (GR) District and the S.H. 161 Overlay District:
SEE ATTACHED CHART
REQUESTED APPEALS BY APPLICANT:
No appeals are being requested by the applicant.
RECOMMENDATION:
The Development Review Committee (DRC) recommends full approval of this case as it is in full compliance with all applicable requirements of the Unified Development Code.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR A PROPOSED SPECIFIC USE PERMIT FOR A CONVENIENCE STORE WITH GASOLINE SALES IN A GENERAL RETAIL (GR) DISTRICT, TO WIT: BEING 2.187 ACRES OUT OF THE D.R. CAMERON SURVEY, ABSTRACT 295, PAGE 320, TRACT 4.9, IN THE CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, AND BEING ADDRESSED AS 3010 S. CARRIER PARKWAY, 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 a Specific Use Permit for a Convenience Store with Gasoline Sales in a General Retail (GR) District; and;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on November 1, 2010, 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 in a General Retail (GR) District; 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 in a General Retail (GR) District; 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 November 16, 2010 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 856 for the property location described as follows:
Being addressed as 3010 S. Carrier Parkway, and being 2.187 acres out of the D.R. Cameron Survey, Abstract 295, Page 320, Tract 4.9, in the City of Grand Prairie, Dallas County, Texas, and as shown on the approved site plan labeled as Exhibit ‘A’, which is incorporated herein by reference.
SECTION 2.
Specific Use Permit
FOR OPERATION OF A CONVENIENCE STORE WITH GASOLINE SALES IN A GENERAL RETAIL (GR) DISTRICT. The following conditions are hereby established as part of this ordinance:
1. All operations must conform to the Operational Plan and Site Plan signed and approved under case file SU100602.
2. Must maintain compliance with all Federal, State and Local Environmental regulations.
3. To reduce glare on the adjoining residential development, light sources shall be oriented toward the center of the site or shielded so as to not be visible from the nearest property line. This applies to refractory lenses that extend beyond the lighting fixture and are designed to redirect the lighting source downward.
4. Must be in compliance with TDSHS - Texas Food Establishment Rules and local ordinances regarding food service.
5. Must practice all best management practices listed in its storm water pollution prevention plan.
6. Facility is prohibited from producing offensive odors and must comply with city noise ordinance.
SECTION 3.
Compliance
All development must conform to the approved Site Plan labeled as Exhibit ‘A’, which is herein incorporated by reference.
1. If no certificate of occupancy is issued for a Convenience Store with Gasoline Sales in a General Retail (GR) District within one year, or the use is discontinued for a period of six months or more, the Specific Use Permit (SUP) will be terminated in accordance with Section 5.4.1.C of the Unified Development Code.
2. The operation of the Convenience Store with Gasoline Sales in a General Retail (GR) District shall be in strict compliance with all requirements of the Environmental Services Department, Building Inspections, Police Department and Fire Administration.
3. Any unsafe or unauthorized operations or activities may be determined as grounds for revocation of the Specific Use Permit by the City Council.
SECTION 4.
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 5.
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 6.
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 november, 2010.
Specific Use Permit No. 856
Case Number No. SU100602/S100602