From
Chris Hartmann
Title
SU190704/S190704 - Specific Use Permit/Site Plan - Wendy's (City Council District 2). A Specific Use Permit to allow for a restaurant with a drive-through. Addressed as 1130 Arkansas Lane and SH 161 legally described as Lot 4, Block A, Bush & Pioneer Centre Addition, Dallas County, City of Grand Prairie, Texas, Zoned P-351. The applicant is Robin Ersfeldt, Watermark Engineering and the owner is Nicholas Rhoads, Heritage Partners and Stonewall Road Restaurant Group. (On July 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 Restaurant with a Drive Through on 0.77 acres. Legally described as Lot 4, Block A, Bush & Pioneer Centre, Dallas County, City of Grand Prairie, Texas, Zoned PD-351, within the SH-161 Overlay District, addressed as 1130 Arkansas Lane.
PURPOSE OF REQUEST:
The applicant intends to construct a 2,456 sq. ft. restaurant with drive through on 0.77 acres. Drive through restaurants 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.
History:
The subject property is zoned PD-351, which was established by Ordinance 9857-2015 for Commercial (C) uses. The Planned Develpment encompases a large portion of land, primarily used for Walmart, with commercial, retail, and resturant uses along the edge. In addition, the property was replated in 2015 (case P150601) establishing the Bush & Pioneer Centre Addition.
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-351 |
Walmart |
|
South |
PD-273A |
Single-Family Residences, Retail Strip |
|
West |
PD- 351 |
Vacant Lot |
|
East |
PD-351 |
Vacant Lots |
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The proposed use is a Restaurant with a Drive Through. The Site Plan includes a 2,456 sq. ft. restaurant with one way circulation, dumpster enclosure, drive aisle, and 28 parking spaces. The site will be accessible from an internal private drive with mutual access.
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 |
33, 541 |
Yes |
|
Min. Lot Width (Ft.) |
50 |
128.25 |
Yes |
|
Min. Lot Depth (Ft.) |
100 |
197.43 |
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 |
.07:1 |
Yes |
Parking Requirements
The property is subject to parking requirements in Article 10 of the UDC. The following table summarizes these requirements. The proposal meets the parking requirements.
|
Table 3: Parking Summary |
|
Standard |
Required |
Provided |
Meets |
|
Parking |
10 |
26 |
Yes |
|
Handicap |
1 |
2 |
Yes |
|
Total Spaces |
11 |
28 |
Yes |
Landscape and Screening
The property is subject to landscape and screening requirements in Article 8 and Appendix F of the UDC. The table below summarizes these requirements. The proposal meets or exceeds the landscape and screening requirements.
|
Table 4: Landscape & Screening Requirements |
|
Standard |
Required |
Provided |
Meets |
|
Landscape Area (Sq. Ft.) |
3,354 |
3,354 |
Yes |
|
Trees |
8 |
10 |
Yes |
|
Shrubs |
67 |
96 |
Yes |
Building Design
The building is primarily stucco with thin stone accent, red stucco on the east and west elevations, and gray stucco on the north, south and west elevations.
The following elements have been selected: 75% of parking located to the side of the building, parking lot trees, stone accent, color contrast, corner treatment, articulation elements (change in materials, window fenestration pattern, façade modulation), enhanced windows, 70% native trees, free Wi-Fi in common areas, and USB charging stations. The proposed building elevations meet the building design requirements in Appendix F, except for covered walkways or awnings.
EXCEPTIONS OR APPEALS:
The applicant is requesting an exception to covered walkways, awnings, canopies, or porticos along at least 25% of the length of all four facades, and would like to exceed the maximum 60% of a single material on the north elevation to allow for 68% stucco.
Staff does not object to these variances.
RECOMMENDATION:
Development Review Committee (DRC) recommends approval of the Specific Use Permit and Site Plan for a Restaurant with a Drive Through. The request is consistent with the current pattern of development, and does not negatively impact the surrounding area.
At its July 1, 2019 meeting, Planning and Zoning Commission made a motion to approve case number SU190704/S190704 as presented by staff. The motion passed by a vote of 7-0 with the following exceptions:
1. The applicant will not be required to provide covered walkways, awnings, canopies, or porticos along at least 25% of the length of all four facades; and
2. The North Facade will exceed the 60% maximum of a single material to allow for 68% stucco
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: BEING LOT 4, BLOCK A, BUSH & PIONEER CENTRE ADDITION, DALLAS COUNTY, CITY OF GRAND PRAIRIE, 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 July 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 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 July 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 the property depicted in Exhibit A - Location Map and legally described as Lot 4, Block A, Bush & Pioneer Centre Addition.
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; the following standards and conditions are hereby established as part of this ordinance:
1. The development shall conform to the City Council approved Exhibit B - Site Plan, Exhibit C - Building Elevations, and Exhibit D - Landscape Plan, of this ordinance, which are herein incorporated by reference.
2. 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 said use for a period of six (6) months 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 16TH of JULY, 2019.
ordinance no. 10661-2019
specific use permit no. 1075
case no. SU190704/S190704