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  Agenda Item 9.a.       
Meeting Date: 08/17/2021  
Item Title:    Z 21-21 Avalon Development and Kimley-Horn - Specific Use Provision (District 7)
Submitted By: Nabiha Ahmed

REQUEST
Approval of a Specific Use Provision for a Restaurant, Drive-Through on a property zoned Community Retail (CR) District
 
Approval of a Plan for a Restaurant, Drive-Through Use.

LOCATION
2128 North Jupiter Road
OWNER
Home Depot USA, Inc.
PLAN COMMISSION RECOMMENDATION
On July 26, 2021 the Plan Commission, by a vote of nine (9) to zero (0), recommended approval of a Specific Use Provision for a Restaurant, Drive-Through on a property zoned Community Retail (CR) District.
 
The Plan Commission, by a vote of nine (9) to zero (0), also recommended approval of a Plan for a Restaurant, Drive-Through Use.
STAFF RECOMMENDATION
Approval of a Specific Use Provision for a Restaurant, Drive-Through on a property zoned Community Retail (CR) District
 
Approval of a Plan for a Restaurant, Drive-Through Use.
BACKGROUND
The subject property is part of an overall shopping center. The applicant proposes to remove existing parking spaces to construct a 2,015 square-foot restaurant/coffee shop with a drive-through.
 
SITE DATA
The subject property consists of approximately 0.74 acres. The site has approximately 191.33 linear feet of frontage along North Jupiter Road. The site can be accessed from North Jupiter Road through mutual access easements.
USE OF PROPERTY UNDER CURRENT ZONING
The site is zoned Community Retail (CR) District. The Community Retail (CR) District is intended to accommodate a variety of retail, service, and business establishments that may or may not be designed in a shopping center configuration. The district may be used as a transition district between lower intensity retail or office uses and more intense uses. A Community Retail (CR) District is generally appropriate along major transportation corridors but is generally not appropriate in proximity to low-density residential districts without significant buffering and screening features. An example of allowed use in a Community Retail (CR) District is a retail shopping area that may be large in scale with very limited or no outside storage. Traffic generated by uses in a Community Retail (CR) District must be focused onto the major thoroughfare network. Development in a Community Retail (CR) District may not be designed in a manner that increases traffic through residential areas.
CONSIDERATIONS
  1. Site Plan
The subject property is a proposed pad site that consists of existing parking spaces primarily for The Home Depot. The applicant proposes to remove the parking spaces and construct a 2,015 square-foot building for a Restaurant with a Drive-Through (coffee shop) on the subject property. The subject property will be subdivided from the existing shopping center.
 
A Restaurant, Drive-Through use in the Community Retail (CR) District requires approval of a Specific Use Provision.
  1. Parking
Per the GDC calculation, a total of twenty-one (21) spaces are required. The proposal complies with the parking requirements. Additionally, parking remains in compliance for the entire shopping center after the removal of parking spaces to construct the restaurant with the drive-through.
  1. Screening and Landscaping
The landscaping and screening layout on the proposed landscape plan (Exhibit D) complies with the applicable screening and landscape regulations found in Chapter 4 of the Garland Development Code (GDC).
  1. Building Design
The design of the proposed building (Exhibit E) complies with the applicable building design standards from the Garland Development Code (GDC).
  1. Signage
No deviations have been requested for signage.
  1. Specific Use Provision
The applicant requests the Specific Use Provision to be in effect for twenty-five (25) years, which aligns with the SUP Time Period Guide.
COMPREHENSIVE PLAN
The Envision Garland Plan designates the subject property as Neighborhood Centers.  Neighborhood centers provide a mix of retail, services and community gathering places. This center should be appropriately scaled to adjacent residential areas. This type of center is predominantly, but not exclusively, non-residential. Neighborhood centers are served by local roads and transit routes.
 
This use is supportive to the surrounding area and compatible with the Comprehensive Plan.
COMPATIBILITY OF REQUEST WITH SURROUNDING ZONING AND LAND USES
The properties to the north, east and south are all zoned Community Retail (CR) District; they are developed with a home improvement center, two restaurants with drive-throughs, and retail stores. The properties to the west, across North Jupiter Road, are in the City of Richardson.
Attachments
Z 21-21 Avalon Development and Kimley-Horn (Specific Use Provision) Attachments
Z 21-21 Avalon Development and Kimley-Horn Responses
Z 21-21 Avalon Development and Kimley-Horn Staff Presentation

  

    

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