From
Chris Hartmann
Title
SU180604/S180605 - Specific Use Permit/Site Plan - Bank of America ATM Kiosk (City Council District 2). Specific Use Permit and Site Plan for a drive-through ATM kiosk. Lot 4B, Block 1, Carrier Crossing, City of Grand Prairie, Dallas County, Texas, zoned General Retail (GR) District, within the SH 161 Overlay District, and addressed as 817 W Pioneer Pkwy. The applicant is Phil Quinn, Evans & Son and the owner is Michael Berkowitz, 3228 Collinsworth St. (On June 4, 2018, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0).
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
Specific Use Permit and Site Plan for a drive-through ATM kiosk. Lot 4B, Block 1, Carrier Crossing, City of Grand Prairie, Dallas County, Texas, zoned General Retail (GR) District, within the SH 161 Overlay District, and addressed as 817 W Pioneer Pkwy.
PURPOSE OF REQUEST:
The applicant intends to develop a drive-through ATM kiosk in an existing shopping center. All drive-through and drive-in establishments for banking facilities require a Specific Use Permit when located within a designated Overlay district.
ADJACENT LAND USES AND ACCESS:
North: W Pioneer Pkwy and existing commercial use (CVS) on property zoned General Retail.
South: Surface parking lot and existing retail strip center on property zoned General Retail. Single Family Residential use and an undeveloped tract of land zoned PD-107 for office use are south of the shopping center.
East: Surface parking, a water kiosk, and ice kiosk are located on the same lot as the request. A check cashing facility on property zoned General Retail is located further east.
West: Surface parking lot and existing retail strip center on property zoned General Retail. Commercial uses on property zoned General Retail are west of the shopping center.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The applicant intends to install a premanufactured ATM kiosk in place of eight parking spaces. The proposal includes additional landscaping and two stacking spaces for queued vehicles.
RECOMMENDATION:
The Planning and Zoning Commission recommended approval by a vote of 8-0.
DRC recommends approval with the following conditions:
• Trees and shrubs shall be drought tolerant; and
• The applicant shall add a brick (thin brick or brick veneer) band to the kiosk in order to meet the intent of the overlay standards.
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 DRIVE-THROUGH BANK ATM KIOSK WITHIN THE 161 OVERLAY DISTRICT TO WIT: BEING LOT 4B, BLOCK 1 OF CARRIER CROSSING, CITY OF GRAND PRAIRIE, DALLAS COUNTY, 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 Drive Through Bank ATM Kiosk; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on June 4, 2018, 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 Drive Through Bank ATM Kiosk 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 Drive Through Bank ATM Kiosk; 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 June 19, 2018, 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 1046 for the property legally described as Lot 4B, Block 1 of Carrier Crossing, and depicted in Exhibit A - Location Map, attached hereto.
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 DRIVE THROUGH BANK ATM KIOSK in the 161 OVERLAY District; the following standards and conditions are hereby established as part of this ordinance:
1. The development shall adhere to the City Council approved Exhibit B - Site Plan and Exhibit C - Elevations, of this ordinance, which are herein incorporated by reference.
2. Landscape plantings shall be drought-tolerant.
3. The kiosk shall include a brick band in order to meet the intent of the overlay standards.
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 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.
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 19th of JUNE, 2018.
ordinance no. 10477-2018
specific use permit no. 1046
case no. SU180604/S180605