From
Chris Hartmann
Title
SU181101/S181101 - Specific Use Permit/Site Plan - Proposed Retail, 904 W. Polo Road (City Council District 6). Specific Use Permit and Site Plan for a proposed retail development with fried chicken, donuts, and an unlisted use. Lot 12, Block 5, Amesbury Estates, City of Grand Prairie, Dallas County, Texas, and zoned Planned Development-247 (PD-247) and located at the address 904 W. Polo Road. The applicant is Ajaz Khan and the owner is Michael Eve. (On January 7, 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 retail and fast food establishment, consisting of a 4,811 sq. ft. building. The development includes 2 Restaurants with Drive-Throughs and an unlisted use on 1.05 acres. The development is currently a part of Lot 12, Block 5, Amesbury Estates, City of Grand Prairie, Dallas County, Texas, and zoned Planned Development-247 (PD-247) and located at the address 904 W. Polo Road.
HISTORY:
The zoning of PD-247 was established in the year 2000 and is intended to be deveoped as General Retail and Single Family Residential. The property was originally platted in 2002 as Amesbury Estates.
PURPOSE OF REQUEST:
The applicant intends to develop a 4,811 sq. ft. building on 1.05 acres with 3 tenant spaces. The proposal includes two tenant spaces for restaurants. The restaurants will consist of fried chicken and donuts and will have separate drive-throughs. There is a third unannounced tenant space in the middle of the building for retail.
The project is coming forward as a Specific Use Permit and Site Plan because of its existence in a Planned Development and drive-throughs.
ADJACENT LAND USES AND ACCESS:
The following table summarizes the zoning designation and existing use for the surrounding properties.
|
Table 1: Adjacent Zoning and Land Uses |
|
Direction |
Zoning |
Existing Use |
|
North |
PD-247 |
Undeveloped |
|
East |
PD-174 |
Children’s Daycare |
|
South |
PD-244 |
Single-Family Residential |
|
West |
PD-247 |
Undeveloped |
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The site is accessible from Polo Road. There are two separate drive-throughs on the property. The east drive-through is a roundabout servicing to the donut shop. The west drive-through services the fried chicken restaurant. The drive-through lanes each provide the required number of stacking spaces.
There is approximately 870 square feet of dining area in the combined two restaurants and 1,375 square feet of retail space. The proposal includes 26 parking spaces and 3 disabled parking spaces, which meets the parking requirements for this site.
ZONING REQUIREMENTS:
Density and Dimensional Requirements
The property is subject to density and dimensional requirements in PD-247 and 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 |
45,930 |
Yes |
|
Min. Lot Width (Ft.) |
50 |
290 |
Yes |
|
Min. Lot Depth (Ft.) |
100 |
171 |
Yes |
|
Front Setback (Ft.) |
25 |
55 |
Yes |
|
Rear Setback (Ft.) |
0 |
0 |
Yes |
|
Max. Height (Ft.) |
25 |
15 |
Yes |
|
Max. Floor Area Ratio (FAR) |
0.35:1 |
0.11:1 |
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 the landscape and screening requirements.
|
Table 3: Landscape & Screening Requirements |
|
Standard |
Required |
Provided |
Meets |
|
Landscape Area (Sq. Ft.) |
4,593 |
10,210 |
Yes |
|
Trees |
10 |
11 |
Yes |
|
Shrubs |
100 |
107 |
Yes |
|
Dumpster Enclosure |
Masonry Enclosure |
Masonry Enclosure |
Yes |
Exterior Building Materials
The building elevations consist entirely of brick and stone. The proposed elevations meet the material requirements of 100% masonry in addition to the maximum of 75% of a single material adjacent to arterial roads.
EXCEPTIONS OR APPEALS:
The applicant is not requesting any exceptions or appeals.
RECOMMENDATION:
The Development Review Committee (DRC) recommends approval with the condition that Engineering gives full approval to the utilities before building permit.
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 TO GRANT A SPECIFIC USE PERMIT FOR A RETAIL AND FAST FOOD ESTABLISHMENT IN A PLANNED DEVELOPMENT WITH AN UNDERLYING ZONING OF GENERAL RETAIL, TO WIT: BEING A 1.05 ACRE TRACT OF LAND SITUATED WITHIN LOT 12, BLOCK 5, AMESBURY ESTATES, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS; 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 include a Specific Use Permit for a retail and fast food establishment in a Planned Development with an underlying zoning of General Retail; and;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on January 7, 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 retail and fast food establishment in a Planned Development with an underlying zoning of General Retail 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 8 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 retail and fast food establishment in a Planned Development with an underlying zoning of General Retail; 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 P.M. on January 22, 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..."
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 located as shown in attached Exhibit E - Location Map and legally described as follows:
BEING LOT 3A6A, BLOCK A, JJ GOODWIN ADDITION, IN THE CITY OF GRAND PRAIRIE, TARRANT COUNTY, TEXAS.
SECTION 2. STANDARDS AND CONDITIONS
For operations of a Specific Use Permit for a retail and fast food establishment in a Planned Development with an underlying zoning of General Retail, 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 and Unified Development Code.
2. Any zoning, land use requirements and restrictions not contained within this specific use permit ordinance shall conform to those requirements specified within the General Retail (GR) District as adopted and amended in the Unified Development Code (UDC). Where there is a conflict between the UDC and this ordinance, unless explicitly contained in this ordinance, the more restrictive shall prevail.
3. The development shall adhere to the City Council approved Exhibit A - Location Map, Exhibit B - Site Plan, Exhibit C - Elevations and Exhibit D - Landscape Plan.
4. All development and use of the site will be required to meet minimum performance standards relating to noise, glare, smoke or particulate matter, odorous matter and vibration as specified in the Unified Development Code.
10. All facilities must comply with current health and water quality standards before a certificate of occupancy can be issued. These issues will be addressed during the building review process.
SECTION 3. 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.
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.
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 22nd of JANUARY, 2019.
ordinance no. 10585-2019
case no. su181101/s181101
specific use permit no. 1066