From
Chris Hartmann
Title
SU150102/S150102 - Specific Use Permit/Site Plan - 2620 W. Interstate 20 (City Council District 4). Approve a specific use permit and site plan to construct and operate a restaurant with drive-through and speculative retail space. The 0.89-acre property, zoned Planned Development 32 (PD-3) District for general retail uses, is located at 2620 W. IH-20 and is within the IH-20 Overlay District. The agent is Jessica Kilgore, AME Engineering, the applicant is Steve Turnbow, PMC Chase LP, and the owner is Steve Turnbow, TPS Family LP. (On January 5, 2015, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0.)
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
SUMMARY:
Consider a request to approve a specific use permit and site plan to construct and operate a restaurant with drive-through and speculative retail space. The 0.89-acre property, zoned Planned Development 32 (PD-3) District for general retail uses, is located at 2620 W. IH-20 and is within the IH-20 Overlay District.
ADJACENT LAND USES AND ACCESS:
Direction |
Zoning |
Existing Use |
North |
PD-32 |
Retail/Commercial Uses |
South |
IH-20 |
East |
PD-32 |
Retail/Commercial Uses |
West |
PD-32 |
Retail/Commercial Uses |
PURPOSE OF REQUEST:
The applicant is requesting approval of a specific use permit (SUP) and site plan to construct and operate speculative retail space and a restaurant with a drive-through on 0.89 acres. The subject site is currently zoned PD-32 for general retail uses.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
Parking and Access
The 0.89-acre property is undeveloped. Two access points are provided; both to internal drive aisles in the development with access to the IH-20 Frontage Road. The site will be developed with a 5,923-square-foot building with a 2,864-square-foot speculative retail space and a 3,059-square-foot restaurant with drive-through use and associated parking. There are two uses associated with this site plan approval request; the restaurant with drive-through use and the speculative retail use. The site plan is required to show adequate parking for each use. Article 10 indicates the parking requirement for restaurants is one space per 100 square feet of designated dining and waiting area, including outdoor dining areas, and one space per 275 square feet for retail uses. The site plan indicates the area devoted to dining in the restaurant space is 2,000 square feet (20 parking spaces required) and 2,696 square feet devoted to retail uses (10 parking spaces required). The table below provides an analysis of the parking provided. The Specific Use Permit (SUP) ordinance will indicate that uses wishing to locate in the speculative space will be limited to uses that can be accommodated by 15 parking spaces. Uses requiring parking in excess of 15 parking spaces or requiring an SUP will be required to go back through the application process.
Use |
Building Area |
Parking Rate |
Required |
Provided |
Meets |
Restaurant w/Drive-Thru |
2,000 sf. |
1 sp./100 sf. of dining area |
20 |
25 |
Yes |
Retail |
2,696 sf. |
1 sp./275 sf. |
10 |
15 |
Yes |
BACKGROUND:
On February 15, 1972, the City Council approved Ordinance 2299 which changed the zoning on the subject site to Planned Development 32 for General Retail Uses.
On February 4, 2004, the Planning and Zoning Commission approved case number RP040102, a request to replat property within the Prairie Ridge Center Addition, which created the subject site in its current configuration.
On October 28, 2014, an application for site plan and specific use permit approval was submitted for consideration.
On December 11, 2014, a Development Review Committee (DRC) meeting was held. Staff met with the applicant to discuss the proposal. The proposal was cleared to move forward subject to conditions found in the recommendation section of this report.
On December 12, 2014, legal notice was mailed to affected property owners and notice of the upcoming public hearing was published in the Fort Worth Star Telegram.
On January 5, 2015, the item is scheduled to be heard by the Planning and Zoning Commission.
On January 20, 2015, the item is scheduled to be heard by the City Council.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map (FLUM) of the 2010 Comprehensive Plan designates this area as Commercial, Retail, Office (CRO) uses. The proposed use is consistent with the FLUM designation.
ZONING REQUIREMENTS
Dimensional Requirements
The PD-32 Ordinance designates this area for General Retail (GR) uses as provided for in the Unified Development Code (UDC). The proposal meets most applicable minimum dimension requirements outlined in UDC. The following table provides detailed dimensional requirements information.
Standard |
Required |
Provided |
Meets |
Minimum Site Area |
5,000 sf. |
38,906 sf. |
Yes |
Minimum Lot Width |
50 ft. |
270 ft. |
Yes |
Minimum Lot Depth |
100 ft. |
170 ft. |
Yes |
Front Yard |
30 ft. |
25 ft. |
No |
Rear Yard |
0 ft. |
32 ft. |
Yes |
Maximum Height |
25 ft. |
19 ft. |
Yes |
Maximum F.A.R. |
0.35:1 |
.35:1 |
Yes |
The subject site is within the I-20 Overlay District and is subject to the provisions contained in Appendix F. Appendix F requires a 30-foot-wide landscape buffer adjacent to rights-of-way. The applicant is providing a 25-foot-wide landscape buffer in an attempt to be consistent with the buffer provided by the Dairy Queen site to the west.
Elevations
The elevations on the primary façade are consistent with the UDC requirements. The UDC requires façades to be 100% masonry, excluding doors and windows. The applicant is proposing brick, stone, and tilt-wall materials. The masonry material along the secondary façades are 100% masonry as well.
Façade |
Total Area |
Reductions* |
Resultant Area |
Masonry Area |
Masonry % |
Meets |
North |
1,372 sf. |
42 sf. |
1,330 sf. |
1,330 |
100% |
Yes |
South |
989 sf. |
430 sf. |
559 sf. |
559 |
100% |
Yes |
East |
658 sf. |
201 sf. |
457 sf. |
457 sf. |
100% |
Yes |
West |
1,503 sf. |
196 |
1,310 sf. |
1,310 sf. |
100% |
Yes |
*Reductions - windows, doors, metal trim cap
Landscape
The subject site is governed by the UDC and the PD-32 Ordinance. The requirements are as follows:
Standard |
Required |
Provided |
Meets |
Minimum Landscape Area (10% 38,908 s.f.) |
3,891 sf. |
4,408 sf. |
Yes |
5-ft. wide sidewalks |
I-20 Frontage Road |
Yes |
Yes |
Street Trees: 1 tree/25 - 50 l.f. |
6 |
5 |
No |
Trees: 1/500 s.f. required landscape |
6 |
6 |
Yes |
Parking Lot Trees: 1 tree/20 parking spaces |
3 |
2 |
No |
Shrubs: 1/50 s.f. required landscape |
78 |
87 |
Yes |
All trees are minimum 3 in. caliper |
3 |
3 |
Yes |
The site plan does not comply with all of the minimum landscape requirements set forth in the UDC. Six street trees are required; five have been provided. Three parking lot trees are required; two have been provided. Staff has included a condition of approval which requires the landscape plan to meet all applicable requirements of the UDC to address this requirement.
REQUESTED APPEALS BY APPLICANT:
Pole Sign
The subject site is within an overlay corridor district. Appendix F of the UDC prohibits individual pole signs in the overlay districts. The applicant is requesting an exception to allow a pole sign. The applicant has submitted two pole sign options for review. The first pole sign option is approximately 40 feet tall with stone and precast concrete with a 10-foot by 15-foot can sign mounted on the top which was reviewed by the Development Review Committee (DRC). The second pole sign option is approximately 40 feet tall with a red metal pole and a 14-foot 5-inch by 20-foot 9-inch can sign mounted on top was not reviewed by the Development Review Committee.
Pole signs along limited access roadways outside of the overlay corridor districts are permissible provided they do not exceed the requirements contained in Article 9 (Signs) of the UDC. Below is an analysis of the proposed pole sign options compliance with Article 9.
Option 1: Sign with Masonry
Option 2: Sign without Masonry
Article 9 |
Option 1 |
Option 1 Meets |
Option 2 |
Option 2 Meets |
150 sf. Max Area |
158 sf. Area |
No - exceeds Article 9 by 8 sf. |
232 sf. Area |
No - exceeds Article 9 by 82 sf. |
40 ft. Max Height |
40 ft. Height |
Yes |
40 ft. Height |
Yes |
10 ft. Min Separation |
10 ft. Min Separation |
Unknown location of existing pole signs not provided. |
10 ft. Min Separation |
Unknown location of existing pole signs not provided. |
Shall not encroach in ROW or Utility Easements |
Overhangs fire lane |
No - overhangs fire lane by approximately 5 feet. |
Overhangs fire lane |
No - overhangs the fire lane by approximately 10 feet. |
Staff is not supportive of pole signs in the corridor overlay district. However, if an exception is granted, Staff recommends the sign meets the minimum requirements for pole signs outside of the overlay corridor districts along limited access and because the sign is within an overlay recommends masonry materials be added consistent with those shown in Option 1 of this proposal. The City Council has directed staff to prepare a discussion item on the City Council Development Committee (CCDC) agenda that addresses the potential for pole signs in the overlay and the design standards.
RECOMMENDATION:
The DRC recommends approval of the request for a Specific Use Permit to allow construction and operation of a restaurant with drive through window, subject to the following conditions:
1. The site plan shall be consistent with all regulations in the UDC as amended, with the exception of the location indicated for the pole sign.
2. The landscape plan shall comply with all applicable landscape requirements contained in the UDC, as amended.
3. Signage shall comply with the provisions set forth in the UDC, as amended; except for exceptions specifically granted by the City Council.
4. Operations must be in compliance with the TDSHS - Texas Food Establishment Rules and local ordinances regarding foot service.
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 SPECIFIC USE PERMIT FOR A RESTAURANT WITH DRIVE THROUGH USE, IN PLANNED DEVELOPMENT DISTRICT NO. 32 (PD-32) TO WIT: BEING A 0.89-ACRE TRACT OUT OF THE WILLIAM HAYMON SURVEY, ABSTRACT NO. 642, IN THE CITY OF GRAND PRAIRIE, TARRANT COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED BELOW, AND BEING LOT 2R4, BLOCK A, OF THE PRAIRIE RIDGE CENTER ADDITION, ADDRESSED AS 2620 W IH 20; 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 use in PD-32 District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on January 5, 2015, 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 use in PD-32 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 9 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 use in PD-32 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 January 20, 2015, 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 946 for the property location described as Lot 2-B, Block C, of the Great Southwest Crossing Addition.
SECTION 2.
Specific Use Permit
FOR THE OPERATION OF A RESTAURANT WITH DRIVE TROUGH USE IN PD-32 DISTRICT; the following conditions are hereby established as part of this ordinance:
1. The restaurant with drive through use shall be in substantial conformance with the Site Plan Package, attached hereto as Exhibit "A".
2. The following exceptions are granted as part of this specific use permit:
a. A pole sign shall be permitted in accordance with the City Council approval. The form, design, and materials graphically depicted in Exhibit "A" shall apply, however, setback and separation requirements contained in Article 9, Table 9.2 of the Unified Development Code shall apply.
b. Landscape buffers shall be consistent with those depicted on the landscape plan contained in Exhibit "A".
3. Must be in compliance with TDSHS - Texas Food Establishment Rules and local ordinances regarding food service.
SECTION 3.
Compliance
All development must be in substantial conformance with Exhibit "A" of this ordinance, which are herein incorporated by reference.
1. This Specific Use Permit (SUP) shall automatically terminate in accordance with Section 5.4.1 of the Unified Development Code if a building permit is not issued for a restaurant with drive through use in PD-32 District within one (1) year after City Council adoption of this Ordinance, or upon cessation of the use for a period of six (6) months or more.
2. Furthermore, by this SUP Ordinance, this Specific Use Permit shall automatically terminate if a Certificate of Occupancy is not issued for a restaurant with drive through use in PD-32 District within six (6) months after the issuance of a building permit.
3. The operation of this site shall be in strict compliance with the requirements of this SUP 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.
4. It shall be unlawful for the owner, manager, or any person in charge of a business or other establishment to violate the conditions of this Specific Use Permit as granted. The violation of those conditions could result in a citation being issued by the appropriate enforcement officers of the City of Grand Prairie, and/or an action to revoke the SUP.
5. 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
6. The Certificate of Occupancy shall note the existence of this Specific Use Permit by its SUP number and title.
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 20th of JANUARY, 2015.
Ordinance No. 9810-2015
Specific Use Permit No. 946
Case No. SU150102/S150102