From
Monica Espinoza, Executive Assistant
Title
SU201101 - Specific Use Permit/Site Plan - Impound Lot at 2409 E Main St (City Council District 5). Amendment of Specific Use Permit & Site Plan to allow Auto Impound Lot as an additional use under current SUP for Used Auto Sales. 1.402 acres out of the Thomas Collins Survey, Abstract 308, being Westover Place Addition, Block A, Lots 3,4,7 & 8, City of Grand Prairie, Dallas County, Texas, zoned Light Industrial (LI) District and designated Specific Use Permit-814A, located in CBD No. 4, generally located southeast of E. Main Street and Bagdad Road, and addressed as 2409 E. Main Street. (On November 9, 2020, the Planning and Zoning Commission recommended denial of this request by a vote of 6-2. The applicant has filed an appeal requesting that this item be forwarded to the City Council for consideration on December 15, 2020).
Presenter
Rashad Jackson, AICP, Director of Planning and Development
Recommended Action
Disapprove
Analysis
SUMMARY:
SU200701/S200701 -Specific Use Permit/Site Plan -Impound Lot at 2409 E. Main St. Rudy’s- Auto Sales (City Council District 5). A request to consider amending Specific Use Permit-814A (S-814A) to allow for Auto Impound Lot use on a portion of the property. The 1.402-acres property is out of the Thomas Collins Survey, Abstract 308, being Westover Place Addition, Block A, Lots 3,4,7 & 8, City of Grand Prairie, Dallas County, Texas, zoned Light Industrial (LI) District and designated Specific Use Permit-814A, located in CBD No. 4, generally located southeast of E. Main Street and Bagdad Road, addressed as 2409 E. Main Street.
PURPOSE OF THE REQUEST:
This request was prompted by using portions of the property for on-site impound and storage of inoperable vehicles. Over the last two years, the operator has received citations and fines for code violations in storing inoperable and wrecked vehicles on the property. In response, the operator is seeking to amend S-814A and site plan to allow for auto impound ‘yard’ uses on the property.
Auto Impound ‘Yard’ Use is defined as a facility used for temporary impound and/or storage of abandoned or inoperable automotive vehicles prior to being reclaimed, repaired or transported. An auto impound use require the approval of Specific Use Permit (SUP) within the LI zoning district.
The applicant has noted that he does not intend to use the impound area, a designated area in the rear of the property, for storage of salvage junk vehicles. All the vehicles will be operable repossessed vehicles.
HISTORY:
The property was used for miscellaneous outside storage of trucks and trailers prior to the current used car dealership.
• March 2009, City Council authorized SUP-814A allowing for used auto sales (Del Norte Motors aka, Rudy’s Auto Sales).
• February 2010, an additional Certificate of Occupancy was issued for (Tejano Truck Sales)
• April 2011, City Council review and renew granting permanent authorization for SUP-814.
• Both dealerships, and a finance division of the businesses are currently housed out of an 840 sq. ft. masonry office building. The office building is located on the western portion of the property. The site provides of approximately 124 parking spaces for car and truck sales inventory.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Land Use |
|
North |
Planned Development-237 (PD-237) District |
Vacant |
|
East |
Planned Development-237 (PD-237) District |
Lito Auto Sales |
|
West |
Light Industrial (LI) District |
Dario Auto Sales |
|
South |
Light Industrial (LI) District |
Auto Related Business |
Access to the site is from an existing commercial driveway located on the eastern portion of the site connecting to E. Main Street and extending to the southern portion of the property. The site is secured with an 8’ wrought-iron fence along the property’s perimeter and a matching 8’ wrought iron gate securing entry during non-business hours.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The existing used car dealerships function and operate within the accepted development standards. The operator proposes to set aside approximately 40 spaces (gated) for repossessed vehicles, as shown on the attached site exhibit.
CODE VIOLATIONS:
As note, the storing of inoperable and wrecked vehicles has occurred on the site in the past resulting in citations. The site has been in violation of Article VII - Junk/Inoperable Motor Vehicles, Section 29-138 which prohibits the outside storage of inoperable vehicles at a used car lot.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The subject property is designated as appropriate for Commercial Retail & Office uses on the Future Land Use Map (FLUM). Commercial, Office and Retail typically include commercial uses appropriate for retail and office environments. The proposal is inconsistent with the FLUM.
Objective 15: Policy 11 of the Comprehensive Plan addresses Auto Related Business (ARB) by advocating for a SUP requirement with conditions and standards when considered. Staff notes the applicant is trying to address the proposed use by request a conditional SUP.
APPLICABLE DEVELOPMENT STANDARDS:
This site shall conform to the Auto-Related Business (ARB) Standards including no outside repair and/or storage of parts and materials, this includes junked, wrecked and salvaged vehicles. Parking of vehicles shall be within the noted designated area.
RECOMMENDATION:
DRC Staff cannot support the request for an impound yard within the Light Industrial district noting the following:
• Adoption of Auto-Related Business Ordinance (Updated)
• Ongoing collaboration of ongoing Code Enforcement, Environmental Services and Planning Department efforts in securing environmentally safe, viable, well maintained auto related business sector of Grand Prairie’s Central Business District utilizing acceptable best practices, for promoting the health, safety, welfare and overall aesthetics of Grand Prairie’s (CBD) Central Business District.
• Rrecedent for other auto-related businesses in the practice of storing repossessed and wrecked/salvaged inventory.
If considered for approval, DRC staff would be amenable to the following conditions:
• Business should provide a log and/or a valid record for all repossessed vehicles located on the premises. The log/ledger shall be created upon receipt and release of said vehicle on the premises. The log/ledger shall include the Vehicle Identification Number (VIN), owner name and date the vehicle arrived on the premises. Loading and unloading of vehicles done on-site, not permitted within public’s rights-of-way. Non-repairable motor vehicles and salvage motor vehicles are prohibited from being on-site longer than seven (7) calendar days.
• Business shall be subject to a 6-month review for a 2-year period by code enforcement to verify the conditions of approval are being met. If not compliant during the 2-year review, the proposed use will be reviewed by City Council to determine if it shall continue.
PLANNING AND ZONING COMMISSION:
Planning and Zoning Commission recommends denial by vote of 6-2.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS AMENDING THE ZONING ORDINANCE AND MAP BY AMENDING AN EXISTING SPECIFIC USE PERMIT FOR A USED CAR SALES LOT TO ADD AUTO IMPOUND YARD AS A PERMISSIBLE USE: BEING LOT 3R, BLOCK A WESTOVER PLACE ADDITION, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, AND BEING ADDRESSED AS 2409 E MAIN STREET; 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; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND TO BECOME EFFECTIVE UPON PASSAGE, APPROVAL, AND PUBLICATION.
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 an existing Specific Use Permit for a Use Car Sales Lot to add an Auto Impound Yard; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on November 9, 2020, after written notice of such public hearing before the Planning and Zoning Commission on the proposed amendment to existing an Specific Use Permit had been sent to owners of real property lying within 300 feet of the property on which the amendment to an existing Specific Use Permit 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 6 to 2 to recommend denial to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map not be amended to add an Auto Impound Yard to an existing Specific Use Permit; 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 November 17, 2020, to consider the advisability of amending the Zoning Ordinance and Map, 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 to add an Auto Impound Yard to an existing Specific Use Permit for a Used Auto Sales Lot on Lot 3F, Block A, Westover Place Addition, City of Grand Prairie, Dallas County, Texas, addressed as 2409 E Main Street, and as depicted in Exhibit A - Location Map, attached hereto.
SECTION 2. That 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. That for development and operations of a Used Car Sales Lot, the following standards and conditions established with SUP-814 and SUP-814A (Ordinances 9196-2011 and 7930) shall continue to apply:
1. 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.
2. Future expansion of the facility will require the submittal of a revised site plan for review and approval to the Planning and Development Department.
3. Dumpster location must be approved by city contractor. Dumpster areas require a minimum six (6) foot high masonry fence to match main building per Section 8.25.2, Article 8, “Landscaping and Screening” of the UDC. Indicate the height and type of fence on the site plan.
4. Must maintain compliance with City Ordinance #7408 Automotive Related Business regulations.
5. All repair operations shall be conducted in accordance with the requirements of the 2003 International Fire Code (IFC) and the adopted amendments.
6. No operations or activities shall result in creation of a nuisance as defined in city code 29-68(12) to (29). Specifically, no building, road or construction activity may cause water to stand and result in mosquito harborage.
7. The applicant must maintain compliance with all federal, state, and local environmental regulations.
8. Only minor automotive repair shall be permitted on site for the “make ready” of vehicles for sale. No body work or washing, other than clear water rinse, shall be permitted on site.
9. All operations must conform to the site plan and operational plan as approved by City Council under Case Number SU090202 and SU090202A.
SECTION 4. That for development and operations of an Auto Impound Yard, the following standards and conditions are hereby established as part of this ordinance:
1. Development shall adhere to Exhibit B - Site Plan.
2. Operations shall adhere to the City of Grand Prairie’s Auto-Related Business Ordinance.
3. The owner/operator shall register with the Auto-Related Business Program as required.
4. Inoperable and salvaged vehicle are prohibited from being stored on-site.
5. Major Auto Repair is prohibited.
6. The owner/operator shall maintain a log of all repossessed vehicles located on the premises. Records in this log shall be added upon receipt and release of said vehicle on the premises and include the Vehicle Identification Number (VIN), owner name, and date upon which the vehicle arrived. The owner/operator shall provide the log to the City of Grand Prairie upon request.
7. Repossessed vehicles shall not remain on site longer the seven calendar days.
8. Loading and unloading vehicles shall be done on site and is not permitted within public rights-of-way.
9. Business shall be subject to a 6-month review for a 2-year period by code enforcement to verify the conditions of approval are being met. If not compliant during the 2-year review, the proposed use will be reviewed by City Council to determine if the impound use shall continue.
SECTION 5. That the operations of a Used Car Sales and Auto Impound Yard shall comply 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. 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.
5. The operation of the facility shall be in strict compliance with all requirements of the Environmental Services Department, Building Inspections, Police Department and Fire Administration.
9. Any unsafe or unauthorized operations or activities may be determined as grounds for revocation of the Specific Use Permit by the City Council.
10. Furthermore, by this SUP Ordinance, the City Council shall conduct a public hearing six (6) months after City Council approval of the Specific Use Permit to confirm compliance with all applicable codes which shall include, but not be limited to, the requirements of this SUP 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.
SECTION 6. That it is further provided that in the case a section, clause, sentence or part of this Ordinance shall be deemed or adjudicated by a court of competent jurisdiction to be invalid, then such invalidity shall not affect, impair or invalidate the remainder of this Ordinance.
SECTION 7. A violation of this Ordinance is a misdemeanor punishable in accordance with Section 1-8 of the Code of Ordinances of the City of Grand Prairie, Texas. The penalty provided herein shall be cumulative of other remedies provided by State law, and the power of injunction as provided in Texas Local Government Code Section 54.016, as amended, may be exercised in enforcing this ordinance whether or not there has been a complaint filed.
SECTION 8. The Unified Development Code of the City of Grand Prairie, as amended, shall be and remain in full force and effect save and except as amended by this Ordinance.
SECTION 9. The terms and provisions of this Ordinance are severable and are governed by Section 1-4 of the Code of Ordinances of the City of Grand Prairie, Texas.
SECTION 10. All ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 11. 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 NOVEMBER, 2020.
ordinance no. xxxxx-2020
specific use permit no. 814B
case no. SU201101