From
Chris Hartmann
Title
SU170803/S170802 - Specific Use Permit/Site Plan - Race Trac (City Council District 2). A request to approve a Specific Use Permit and Site Plan authorizing the construction and operation of a convenience store with gasoline sales. The 2.847-acre property is located on the NWC of State Highway 161 and Mayfield Road, zoned Planned Development-266 (PD-266), and within the SH 161 Overlay District. The agent is David Bond, Spiars Engineering and the owner is John Weber, Weber & Company. (On September 11, 2017, the Planning and Zoning Commission recommended approval of this request, motion failed by a vote of 3 to 5).
Presenter
Chief City Planner David Jones, AICP
Recommended Action
Approve
Analysis
PURPOSE OF REQUEST:
The applicant intends to develop a convenience store with gasoline sales in the SH 161 Corridor. A convenience store with gasoline sales requires a Specific Use Permit. Development within an overlay district or planned development district requires Site Plan approval.
ADJACENT LAND USES AND ACCESS:
North: Undeveloped land zoned PD-346 is north of the subject property.
South: Mayfield Road is south of the subject property. A pad site, zoned PD-143, is south of Mayfield Road.
East: State Highway 161 is east of the subject property. Undeveloped land zoned PD-346 is located east of State Highway 161.
West: Undeveloped land zoned PD-346 is west of the subject property.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The convenience store with gasoline sales is proposed for the northwest corner of State Highway 161 and Mayfield Road. The site is accessible from an access drive off of State Highway from a drive on Mayfield Road. The primary entrance of the convenience store fronts Mayfield Road. The canopy with 18 gasoline pumps is in front of the building along Mayfield Road. All other buildings in Epic West Towne Crossing face State Highway 161.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The 2010 Comprehensive Plan’s Future Land Use Map (FLUM) designates this area as Mixed Use (MU). Development in this category should include a mixture of retail, high density residential, personal service and some limited office uses in a pedestrian oriented development. The proposed use is consistent with the FLUM.
ZONING REQUIREMENTS:
Density and Dimensional Requirements
Table 1 evaluates the density and dimensional standards of the proposed development. The proposal meets or exceeds the density and dimensional requirements.
|
Table 1: Site Data Summary |
|
Standard |
Required |
Provided |
Meets |
|
Min. Lot Area Sq. Ft. |
5,000 |
125,162 |
Yes |
|
Min. Lot Width (Ft.) |
50 |
201.13 |
Yes |
|
Min. Lot Depth (Ft.) |
100 |
334.31 |
Yes |
|
Front Setback (Ft.) |
25 |
25 |
Yes |
|
Rear Setback (Ft.) |
0 |
0 |
Yes |
|
Max. Height (Ft.) |
25 |
25 |
Yes |
|
Max. F.A.R |
.5:1 |
0.04:1 |
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 2 summarizes what is required and what is provided. The proposal meets or exceeds the landscaping and screening requirements.
|
Table 2: Landscape & Screening Requirements |
|
Standard |
Required |
Provided |
Meets |
|
Landscape Area (Sq. Ft.) |
6,259 |
53,634 |
Yes |
|
Trees |
13 |
38 |
Yes |
|
Shrubs |
126 |
181 |
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 |
OVERLAY REQUIREMENTS:
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, stone, and architectural panels. Table 3 summarizes the building materials by façade. The proposed building elevations are in substantial conformance with the materials requirement.
The applicant submitted revised building materials calculations on September 12, 2017. Primary Façades are required to have 25% stone accent. The percentage of stone on the north, east, and west facades is less than 25%.
|
Table 3: Building Materials |
|
Façade |
Brick |
Stone |
Architectural Panels |
Metal |
EIFS |
|
North |
49% |
24% |
1% |
15% |
11% |
|
South |
38% |
30% |
12% |
12% |
8% |
|
East |
35% |
17% |
12% |
25% |
11% |
|
West |
54% |
23% |
12% |
3% |
8% |
Architectural Features
Primary facades are required to include the architectural features listed in Table 4. The proposed building elevations are in substantial compliance with Appendix F.
|
Table 4: 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 |
Yes |
|
Windows |
50% of the length of the façade |
Yes |
|
Roof Line |
Roof profile variation |
Yes |
Gasoline Canopy Structures
Appendix F requires that column supports for gasoline canopies be encased in either a brick or stone masonry material. The proposed column supports are encased in brick with a stone accent base similar to the primary structure. The proposal meets the requirements for column supports.
Appendix F requires that the perimeter roof structure for all gasoline canopies be adorned with a sloped roof feature and finished with composition shingles, standing seam metal, clay tile, slate tile, or engineered roof tile products. The proposed canopy features a flat roof with a cornice element similar to the cornice on the primary building.
REQUESTED APPEALS:
Gasoline Canopy Roof: The applicant is requesting an exception to the requirement for a sloped roof feature. Staff does not object to the requested appeal. While the proposed canopy is not adorned with a sloped roof feature, it features a cornice element similar to the cornice on the primary building. The cornice is an additional decorative element not standard on the canopies of similar RaceTrac prototypes. Exhibit 1 - Comparison of Gasoline Canopies depicts the proposed canopy, a canopy with a sloped roof feature, and the canopy of a new RaceTrac store prototype.
25% Stone Accent: The north (24%), east (17%), and west (23%) facades require an exception to the 25% stone accent on Primary Façades.
RECOMMENDATION:
Staff Analysis
Convenience stores with gasoline sales require a Specific Use Permit. The purpose of the Specific Use Permit process is to identify those uses which might be appropriate within a zoning district, but due to either their location, functional or operational nature, could have a potentially negative impact upon surrounding properties; and to provide for a procedure whereby such uses might be permitted by further restricting or conditioning them so as to eliminate such probable negative impacts.
Due to certain functional and operational aspects of the proposed use, namely the number of fuel pumps and site configuration, the building is oriented so that the back of the building faces north. Staff has concerns about the visibility of the back of the building from the southbound State Highway 161 frontage road and maintenance. Staff can think of three ways to solve the issue:
1. Building Design. Make changes to the north façade so that it doesn’t look like the rear of a building.
2. Screening. Screen the rear of the building using landscaping or screening wall.
3. Building Orientation. Orient the building so that the rear is not visible from State Highway 161.
Staff originally recommended that the north façade be revised to eliminate the roll-up door or replace by a door with glazing similar to other windows on the building. However, the roll-up door provides access to electrical panels on the exterior of the building. The roll-up door does not provide access to the store or serve as a delivery entrance. Changes to the building design are not feasible given the configuration of electrical panels and function of the roll-up door.
The applicant is proposing to screen the rear of the building by planting ten East Palatka Hollies (10 feet in height) and a row of hedges (3 feet in height).
Conditions for Approval
Staff recommends approval with the following conditions:
1. The north façade be revised to eliminate the roll-up door or replace by a door with glazing similar to other windows/glazing on the building.
2. In the event that any of the East Palatka Hollies along the north façade die, the owner/operator shall plant a replacement.
• The replacement East Palatka Holly shall be a minimum of 10 feet in height at the time of planting.
• The owner/operator shall plant the replacement within one week.
• If the owner/operator cannot establish the replacement due to seasonal considerations, a delay of up to six months in the installation of the replacement may be allowed by the Director of Planning and Development.
Planning and Zoning Commission
At the September 11, 2017, Planning and Zoning Commission meeting, a motion to recommend approval of this item failed by a vote of 3 to 5.
Body
ordinance no.
specific use permit no.
case no. su170803/S170802
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND MAP SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR A SPECIFIC USE PERMIT FOR A CONVENINCE STORE WITH GASOLINE SALES IN THE PLANNED DEVELOPMENT-364 (PD-364) DISTRICT FOR COMMERCIAL USE, TO WIT: BEING 2.88 ACRES TRACT OF LAND SITUATED IN THE C. BABCOCK SURVEY, ABSTRACT NO. 59 IN THE CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, AND AS MORE PARTICULARLY DESCRIBED BELOW; SAID ZONING ORDINANCE AND MAP 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 allow a Convenience Store with Gasoline Sales in Planned Development-364 (PD-364) District;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on November 2, 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 Convenience Store with Gasoline Sales in Planned Development-364 (PD-364) 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 3 to 5 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to allow a Convenience Store with Gasoline Sales in Planned Development-364 (PD-364) 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 September 19, 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 Zoning Ordinance and Map 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…”
and passed and approved November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit numbered # for the property location as shown in attached Exhibit A - Location Map and as legally described as follows:
BEING a tract of land situated in the C. Babcock Survey, Abstract No. 59, City of Grand Prairie, Dallas County, Texas, the subject tract being a portion of a tract conveyed to Bob Smith Management Company, Ltd. according to the deed recorded in Volume 97244, Page 4397 of the Deed Records, Dallas County, Texas (DRDCT), with the subject tract being more particularly described as follows:
BEGINNING at a 1/2" iron rod found for the north end of a corner clip being the intersection of the west line of the President George Bush Turnpike, a variable width dedicated public right-of-way, created by deed to the State of Texas, recorded in Volume 2003233, Page 729 DRDCT (also known as State Highway 161), with the north line of Mayfield Road, a variable width dedicated public right-of-way, created by same deed;
THENCE S 37°01'56" W, 74.53 feet along said corner clip to a point for corner;
THENCE along the north line of Mayfield Road, the following:
S 89°04'43" W, 334.31 feet to an aluminum monument found for the lower northwest corner of the first mentioned right-of-way dedication;
S 03°20'17" E, 14.96 feet along the most southerly west line thereof to a 1/2" iron rod with plastic cap found for the northeast corner of another right-of-way dedication for Mayfield Road, recorded in Volume 2002190, Page 1478 DRDCT;
And S 89°20'12" W, 104.57 feet to a point from which a 1/2" iron rod found for a bend point bears S 89°20'12" W, 22.33 feet;
THENCE into and through said Bob Smith Management Company, the following:
N 45°51'04" W, 35.35 feet;
A non-tangent curve to the right having a central angle of 16°39'45", a radius of 461.00 feet, a chord of N 07°41'05" E - 133.59 feet, an arc length of 134.07 feet;
A compound curve to the right having a central angle of 11°56'31", a radius of 439.00 feet, a chord of N 21°59'13" E - 91.33 feet, an arc length of 91.50 feet;
N 27° 57'29" E, 54.57 feet;
S 56°16'29" E, 2.19 feet;
A tangent curve to the left having a central angle of 35°37'13", a radius of 93.79 feet, a chord of S 74°24'50" E - 58.40 feet, an arc length of 59.38 feet;
And N 88°37'44" E, 363.83 feet to the west line of the President George Bush Turnpike, from which a 1/2" iron rod found bears N 02°30'07" W, 722.14 feet;
THENCE S 02°30'07" E, 200.88 feet along the west line thereof to the POINT OF BEGINNING with the subject tract containing 125,469 square feet or 2.880 acres of land.
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: STANDARDS AND CONDITIONS
For operations of a Convenience Store with Gasoline Sales in Planned Development-364 (PD-364) District, the following standards and conditions are hereby established as part of this ordinance:
1. The development shall maintain compliance with all Federal, State and Local regulations; including, but not necessarily limited to, all applicable standards and regulations of the Grand Prairie Municipal Code, Unified Development Code, and Planned Development District No. 364 (PD-364).
2. The development shall adhere to the City Council approved Site Plan, Building Elevations, and Landscape Plan (as contained within attached Exhibit B - Site Plan Package), which includes the following exceptions:
a. Exception to the provision for a gasoline canopy with a sloped roof feature to allow the construction of a gasoline canopy with a cornice element.
b. Exception to the provision for 25% Stone Accent on primary façades to allow the construction with 24% stone accent on the north façade, 17% stone accent on the east façade, and 23% stone accent on the west façade.
3. In the event that any of the East Palatka Hollies along the north façade die, the owner/operator shall plant a replacement.
a. The replacement East Palatka Holly shall be a minimum of 10 feet in height at the time of planting.
b. The owner/operator shall plant the replacement within one week.
c. If the owner/operator cannot establish the replacement due to seasonal considerations, a delay of up to six months in the installation of the replacement may be allowed by the Director of Planning and Development.
4. Must be in compliance with TDSHS - Texas Food Establishment Rules and local ordinances regarding food service.
SECTION 4: COMPLIANCE
All development must conform to the approved site plan and all exhibits incorporated as exhibits to this ordinance, as well as those incorporated herein by reference.
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. 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 ON THIS THE 19TH DAY OF SEPTEMBER 2017.
Ordinance No.
Specific Use Permit No.
Case No. SU170803/S170802