From
Chris Hartmann
Title
SU180505 - Specific Use Permit - Franchise Used Car Dealership at 1640 E. Main St. (City Council District 1). Lots 1-7, 9, 10, and part of Lot 8, Burgher & Sowells Addition, City of Grand Prairie, Dallas County, Texas, approximately 1.56 acres zoned GR, General Retail in the Central Business District No. 3 and addressed as 1633, 1640, 1646, 1648 E. Main St. The owner is Arturo Torres. (On May 7, 2018, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0).
Presenter
David Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
Specific Use Permit to operate a Franchise Used Auto Dealership in a General Retail District. The 1.53-acre property is located at 1640 E. Main Street and is zoned General Retail (GR) district.
ADJACENT LAND USES AND ACCESS:
North - Across Small St, Residential Housing, zoned General Retail (GR)
East - Zoned General Retail (GR), developed as a gas station
South - Across Main St, Zoned Light Industrial (LI) and developed as auto related uses
West - Zoned General Retail (GR) and the location of a meat market
PURPOSE OF REQUEST:
The applicant intends to establish a franchised use auto dealer in the General Retail (GR) district. The new dealership will include a 1,600 square foot sales office with 81 parking/display spaces. The existing structures on the site were previously used as multiple auto dealerships, and were destroyed in a fire in late 2017. The applicant has submitted a demolition permit and proposes to clear the existing site and repave to City standards. The property will have two (2) access points on E. Main Street and an emergency exit on Small Street.
The applicant is proposing a sales lot and office building only. There will be no repair or make-ready facility at the location and such activities would not be allowed under the terms of the Specific Use Permit.
Used auto sales are not allowed in the General Retail district except by Specific Use Permit. To receive a Specific Use Permit, the operator must be part of a dealership chain or network and operate under a franchise agreement or other instrument which distinguishes the dealer from an independent operator. The owner of the property is working with a franchisee with several locations in the Dallas-Ft. Worth area. In the event the Specific Use Permit is approved, any dealer who applies for a Certificate of Occupancy will be required to present documentation that they are a licensed franchise subject to pre-determined and agreed upon standards of branding, performance, appearance, branding, and site cleanliness.
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.
|
Table 1: Site Data Summary |
|
Standard |
Required |
Provided |
Meets |
|
Min. Lot Area Sq. Ft. |
5,000 |
66,555 |
Yes |
|
Min. Lot Width (Ft.) |
50 |
442 |
Yes |
|
Min. Lot Depth (Ft.) |
100 |
105 |
Yes |
|
Front Setback (Ft.) |
25 |
25 |
Yes |
|
Rear Setback (Ft.) |
0 |
0 |
Yes |
|
Max. Height (Ft.) |
25 |
15 |
Yes |
|
Max. F.A.R |
.25:1 |
0.02:1 |
Yes |
Landscape and Screening
The property is subject to the landscaping and screening requirements found in Article 8 and Appendix F of the UDC. Table 2 summarizes what is required and what is provided. The proposal meets or exceeds the landscaping and screening requirements with two exceptions.
|
Table 2: Landscape & Screening Requirements |
|
Standard |
Required |
Provided |
Meets |
|
Landscape Area (Sq. Ft.) |
6,655 |
13,049 |
Yes |
|
Trees |
13 |
13 |
Yes |
|
Shrubs |
133 |
133 |
Yes |
|
Parking Lot Screening |
36” Hedge |
36” Hedge |
Yes |
|
Dumpster Enclosure |
Masonry Enclosure |
Masonry Enclosure |
Yes |
|
Roof Mounted Equipment |
Screened by Parapet |
Screened by Parapet |
Yes |
RECOMMENDATION:
At its May 7, 2018 meeting, the Planning and Zoning Commission voted unanimously to recommend approval per staff recommendation.
Staff recommends approval of this Specific Use Permit subject to the following conditions:
1. Prior to occupancy, the applicant will replat the existing lots into a single lot.
2. The applicant will install additional landscaping to beautify the rear of the building and the sales lot.
3. All loading and unloading of cars will take place within a designated area on the site and not in a public right of way.
4. No vehicle repairs of any kind will be conducted on the property. An exception can be made at the discretion of Code Enforcement staff for repairs which can be performed entirely by hand, such as changing light bulbs or windshield wipers.
5. The applicant will submit a lighting plan for review by staff which demonstrates that the proposed lighting will be directed away from any neighboring residential dwellings.
6. That the SUP expire at the end of the initial lease period or if the lease is terminated for any reason per the executed agreement between the property owner and the lessee/franchisee.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY TO ALLOW A SPECIFIC USE PERMIT FOR FRANCHISE USED AUTO SALES ON LOTS 1-7, 9, 10, AND PART OF 8, BURGHER & SOWELLS ADDITION, 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 for a Specific Use Permit for Franchise Used Auto Sales in a General Retail (GR) District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on May 7, 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 Specific Use Permit for Franchise Used Auto Sales in a General Retail (GR) 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 approval to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to allow a Specific Use Permit for Franchise Used Auto Sales in a General Retail (GR) 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 o'clock P.M. on May 15, 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 I.
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 1043 for the property location described for property described in Exhibit A - Site Plan, which are incorporated herein by reference.
SECTION 2: Specific Use Permit
FOR OPERATION OF A USED AUTO SALES BUSINESS WITHIN THE GENERAL RETIAL (GR) DISTRICT.
1. The City of Grand Prairie reserves the right to require supporting materials before issuing a Certificate of Occupancy including, but not limited to, redacted lease agreement showing initial term and end date, franchise agreement, and franchise operational plan.
2. The development shall conform to the City Council approved Site Plan (Exhibit A - Site Plan), with the following provisions:
A. No double-stacking of parking vehicle inventory.
B. Designate parking inventory from customer & employee parking.
C. Driveway approach subject to TXDOT review and approval.
3. As outlined within the Operational Plan contained within the Specific Use Permit Application File No. SU180505, and as more specifically stated and codified herein, the development shall adhere to the following operational standards:
A. All operations shall be conducted entirely on-site. The public right-of-way shall not be utilized for business activities, including loading or unloading of vehicles.
C. No paint and body work on-site.
D. No auto repair on-site.
E. No inoperable vehicles shall be stored on-site for the purposes of repair and/or resale; and
F. Future changes or additions to the use of the property, or the construction of additional structures, may require additional parking as stipulated in the Unified Development Code, as amended, for each particular use; and
G. The property shall accommodate only one tenant at a time with no subleasing of building space or parking spaces to any tenant other than the business holding the Certificate of Occupancy; and
H. All operations shall maintain compliance with all federal, state, and local environmental regulations; and
I. All operations shall maintain compliance with City Ordinance No. 7408 Automotive Related Business (ARB) regulations; and
J. Shall adhere to all best management practices listed within its storm water pollution prevention plan; and
SECTION 4: Compliance
All development must conform to the approved Development Plan, which are herein incorporated by reference.
1. By this SUP Ordinance, this Specific Use Permit shall automatically terminate if a Building Permit is not issued for a Specific Use Permit for Franchise Used Auto Sales; within one (1) year after City Council adoption of this Ordinance.
2. The Specific Use Permit shall terminate immediately if the operator or franchisee listed on the Certificate of Occupancy ceases to operate a licensed auto dealership, whether through termination of an existing lease agreement for any reason, or the expiration, fulfillment, or end of the contractual lease term with the property owner. No further extensions of the SUP shall be allowed following the end of the initial lease term between the property owner and the franchisee. The SUP shall be valid only for the operator or franchisee listed on a Certificate of Occupancy issued by the City of Grand Prairie.
3. The operation of this site shall be in strict compliance with 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.
4. 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.
5. This Specific Use Permit shall run with the land and therefore may be transferred from owner to owner; however, the lease term between the owner and franchisee shall not be modified to extend the term of the lease.
6. The Certificate of Occupancy shall note the existence of this Specific Use Permit by its SUP number and title.
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 15th of MAY, 2018.
ORDINANCE NO. 10469-2018
SPECIFIC USE PERMIT NO. 1043
ZONING CASE NO. SU180505