From
Chris Hartmann
Title
SU180606 - Specific Use Permit - 2814 E. Main Street (City Council District 5). Specific Use Permit for Retail Auto Sales from an existing 2,000 square foot building. Lot 105-R, Burbank Gardens Addition Unit #1 Revised, City of Grand Prairie, Dallas County, zoned Commercial (C), within the Central Business District No. 4, and addressed as 2814 E Main St. The applicant is Alejandro Preza and the owner is Tobias Velasquez. (On July 2, 2018, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0).
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
SU180606 - Specific Use Permit - 2814 E. Main Street (City Council District 5). Specific Use Permit for Retail Auto Sales from an existing 2,000 square foot building. Lot 105-R, Burbank Gardens Addition Unit #1 Revised, City of Grand Prairie, Dallas County, zoned Commercial (C), within the Central Business District No. 4, and addressed as 2814 E Main St.
PURPOSE OF REQUEST:
The applicant intends to use the existing 2,000 square foot building located at 2814 E. Main St. for retail auto sales. The auto sales lot will be operated by Vicar Auto Sales.
ADJACENT LAND USES AND ACCESS:
North - Commercial and Industrial uses zoned Commercial (C) and Light Industrial (LI)
South - Directly south of the subject property is Commercial and Industrial uses zoned Commercial (C) and Light Industrial (LI)
East - The property directly east is zoned Commercial (C) and has commercial uses.
West - West of the subject property is zoned Commercial (C) and has vacant land.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
Use:
The applicant (Vicar Auto Sales) intends to operate a retail auto sales shop at an existing 2,000 square foot building located at 2814 E. Main St. According to the applicant’s operational plan, the applicant intends to:
- Buy and sell used cars. (The cars will be drivable)
- Minor Repairs for inventory cars as needed. Make Ready Service as defined by City of Grand Prairie, mainly replacing battery and oil change.
Make Ready Service:
Means a repair or service procedure necessary to prepare a used vehicle for sale, which may include, but not be limited to, the replacement of wipers, headlights, light bulbs, clear water rinse, detailing, or tire inflation or repair (Reference Article 4, “Permissible Uses”).
-There will be no painting of cars done inside the shop.
- New vehicles will be brought to the subject site two at a time on a flatbed truck in order to be delivered to designated unloading vehicle area.
- If major work or mechanical work is needed to be done to a vehicle, then the work will be done offsite at a mechanical shop.
The applicant informed staff that there will be four (4) employees. The proposed operation days/hours of the business will be Monday thru Saturday 10 am to 7 pm.
Access and Parking:
The parking provided by the applicant exceeds what is required for the 2,000 square foot commercial building. Access to the site is provided along E. Main St.
BACKGROUND:
• On June 5, 2017, the Planning and Zoning Commission voted to recommend approval for a replat request for the subject property.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The 2010 Comprehensive Plan’s Future Land Use Map (FLUM) designates this area as Commercial (C). Development in this category should include a mixture of medium intensity commercial uses, such as automotive related services. The proposal 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.
|
Standard |
Required |
Meets |
|
Min. Lot Area Sq. Ft. |
5,000 |
Yes |
|
Min. Lot Width (Ft.) |
50 |
Yes |
|
Min. Lot Depth (Ft.) |
100 |
Yes |
|
Front Setback (Ft.) |
25 |
Yes |
|
Rear Setback (Ft.) |
0 |
Yes |
|
Max. Height (Ft.) |
25 |
Yes |
Landscape and Screening
The property is subject to the landscaping and screening requirements found in Article 8 of the UDC. The required landscape percentage for a Commercial (C) zoning district is 5%. The applicant is proposing to provide 9% landscaping. The applicant is in compliance with Article 8 of the Unified Development Code.
RECOMMENDATION:
The Planning and Zoning Commission recommended approval by a vote of 9-0.
DRC recommends approval pending the following conditions:
Minor Automative Repair be replaced with “Make Ready Service”
Make Ready Service: Means a repair or service procedure necessary to prepare a used vehicle for sale, which may include, but not be limited to, the replacement of wipers, headlights, light bulbs, clear water rinse, detailing, or tire inflation or repair (Reference Article 4, “Permissible Uses”).
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 RETAIL AUTO SALES WITHIN THE COMMERCIAL DISTRICT, TO WIT: BEING, 0.55 ACRE TRACT OF LAND SITUATED WITHIN LOT 105-R, BURBANK GARDENS ADDITION UNIT #1 REVISED, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS; SAID ZONING ORDINANCE AND MAP BEING NUMBERED ORDINANCE NUMBER 4779AND 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 Retail Auto Sales in the Commercial (C) District; and;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on July 2, 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 Retail Auto Sales in the Commercial (C) 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 Retail Auto Sales in the Commercial (C) 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 P.M. on July 17, 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..."
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 A - Location Map and legally described as follows:
BEING LOT 105-R, BURBANK GARDENS ADDITION UNIT #1 REVISED, DALLAS COUNTY, TEXAS.
SECTION 2. STANDARDS AND CONDITIONS
That, for operations of a Specific Use Permit for Retail Auto Sales in the Commercial (C) 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 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 Commercial (C) 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 B - Site Plan.
4. No repairs, alterations, or modifications shall be made to vehicles on the property other than what is defined under “Make Ready Service”, as described below:
Make Ready Service: Means a repair or service procedure necessary to prepare a used vehicle for sale, which may include, but not be limited to, the replacement of wipers, headlights, light bulbs, clear water rinse, detailing, or tire inflation or repair (Reference Article 4, “Permissible Uses”).
5. Vehicles for inventory will be brought to the site described in Exhibit A no more than two at a time on a flat-bed truck or similar light-duty vehicle and will be loaded/unloaded in the area designated on the Site Plan (Exhibit B).
6. No vehicle may be brought to the site in the manner described above unless it is intended for inventory.
7. Any vehicle brought to the site, regardless of method of transport, shall be capable of moving under that vehicle’s own power.
SECTION 3. COMPLIANCE
That, this ordinance will be administered in accordance with the following:
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. Furthermore, by this Ordinance, the City Council shall conduct a public hearing one (1) year after City Council approval of this Specific Use Permit to confirm compliance with all applicable codes which shall include, but not be limited to, the requirements of this 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.
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 17th of JULY, 2018.
ordinance no. 10502-2018
case no. su180606
specific use permit no.