From
Chris Hartmann
Title
SU150201A/S150201A - Specific Use Permit/Site Plan Renewal - 2233 E Main Street (City Council District 5). Renewal of a specific use permit and site plan for used auto sales within a Light Industrial (LI) District and also within Central Business District No. 3 (CBD 3). The subject property is located at 2233 E. Main St. (On June 6, 2016, the Planning and Zoning Commission recommended approval to renew this SUP by a vote of 9-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
PURPOSE OF REQUEST:
Request for a one (1) year renewal of the Specific Use Permit for the purposes of operating a used car lot. Pursuant to Article 4, “Permissible Uses,” of the Unified Development Code (UDC), a Specific Use Permit is required in order to operate a Used Auto Sales business. Site Plan approval is required in order to develop any lot within a “Special District,” as defined by Article 7 of the UDC.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Land Use |
|
North |
Light Industrial, CBD 3 |
Automotive Related Business |
|
East |
Light Industrial, CBD 3 |
Automotive Related Business |
|
West |
Light Industrial, CBD 3 |
Automotive Related Business |
|
South |
Light Industrial, CBD 3 |
Automotive Related Business |
BACKGROUND:
November 6, 2007: City Council approved Appendix R, “Central Business Districts”, of the Unified Development Code.
March 27, 2014: A replat to Poulin Addition was administratively approved by the planning department creating Lot 7R.
December 16, 2014: The Planning staff processed an application for the approval of a Specific Use Permit for Used Car Sales.
January 22, 2015: The Development Review Committee (DRC) meeting was held. Staff met with the applicant to discuss the proposal. The proposal was cleared to move forward subject to conditions found in the recommendation section of this report.
January 23, 2015: A legal notice was mailed to affected property owners and notice of the upcoming public hearing was published in the Fort Worth Star Telegram.
February 2, 2015: This item is scheduled to be heard by the Planning and Zoning Commission.
February 17, 2015: This item is scheduled to be heard by the City Council.
PROPOSED USE AND CHARACTERISTICS
Operations:
This site is currently has 2 auto related businesses operation onsite. Muniks Auto Sales operates a business repair and preparing vehicles to be sold at a separate location. MD Auto Service currently has a Certificate of Occupancy for Auto Service, including Engine repair.
The southern half of this property is currently undeveloped. The applicant is proposing to develop this area for Used Auto Sales. A 1,125sqft office with attached wash bay is being proposed and will be located toward the south east side of the property. As shown on the proposed site plan, there are 29 potential display spaces. The site will be performing “Make Ready” services, as defined by the UDC, on vehicles to prepare them for sale. Any repairs or tune-ups needed are to be performed inside the existing building on site. There will be a wash bay onsite to hand wash the vehicles for sale. Article 30 of the UDC defines “Make Ready Service” as 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.
The applicant will not be using large trucks, trailers, or wreckers to load or unload vehicles. All vehicles will be driven on-site individually by an employee of the business. The applicant is planning the hours of operation of the business to be from 9:00am to 6:00pm, six days a week and will be employing 4-5 employees.
Parking and Access:
The applicant’s property fronts 2 streets and plans to have access from E. Main St and Poulin Ave. The proposed development will meet the parking requirements in the UDC. The table below provides an analysis of the parking requirements for vehicles sales.
|
Standard |
Parking Rate |
Required |
Total Provided |
Meets |
|
Auto Service Parking Spaces |
6 Space min |
12 |
15 |
Yes |
|
Auto Sales |
1/400sqft |
2 |
|
|
|
Handicapped Spaces |
1-25 Spaces |
1 |
1 |
Yes |
Dimensional and Paving Requirements:
The proposed site plan meets all the minimum density and development standards of the UDC for the new areas of development. The existing 4020sqft building is not in conformance with current zoning setbacks and Staff understands this building to be a legal non-conforming structure. The table below provides an analysis of the minimum development standards for a Light Industrial (LI) District in regards to the proposed improvements.
|
Light Industrial District (LI) |
|
Standard |
Required |
Provided |
Meets |
|
Minimum Site Area |
15,000sqft |
33,087 (0.76 acres) |
Yes |
|
Minimum Lot Width |
100ft |
150ft |
Yes |
|
Minimum Lot Depth |
150ft |
223ft |
Yes |
|
Front Yard (Bldg. 2) |
25ft |
6425ft |
Yes |
|
Side Yard - Internal (Bldg. 2) |
10ft |
15ft |
Yes |
|
Floor Area Ratio |
0.5:1 |
0.16:1 |
Yes |
|
Maximum Height |
25ft |
12ft |
Yes |
|
Paving |
Concrete or Equivalent |
Concrete |
Yes |
Landscape and Screening:
The landscape plan is consistent with the landscape requirements of Article 8 of the Unified Development Code. The follow table is an analysis of the proposed landscaping.
|
Landscaping and Screening: Light Industrial (LI) District |
|
Standard |
Required |
Provided |
Meets |
|
Overall Landscape (5%) |
1324sqft |
1420sqft |
Yes |
|
Minimum Front Yard Landscaping (75%) |
993sqft |
1400sqft |
Yes |
|
Required Fencing |
None |
6ft Wrought Iron |
Yes |
|
Shrubs |
|
Standard |
Required |
Provided |
Meets |
|
Total Shrubs(1) |
27 |
30 |
Yes |
|
Trees(2) |
|
Standard |
Needed |
Total Required |
Provided |
Total |
Meets |
|
Total Trees(3) |
3 Trees |
3 Trees |
4 Trees |
4 Trees |
Yes |
|
Street Trees(4) |
3 Trees |
|
4 Trees |
|
Yes |
|
Parking Area Trees(5) |
1 Trees |
|
1 Trees |
|
Yes |
(1) - 1 shrub per 50sqft of required landscaping; Min 5-gallon shrub.
(2) - Required trees must be allocated; 1st to street trees, 2nd to parking lot trees, and 3rd to site trees.
(3) - 1 tree per 500sqft of required landscaping; Min. 3-inch caliper tree.
(4) - 1 tree per 50ft of street frontage; Distance from tree centers: Max. - 50ft, Min. - 25ft.
(5) - 1 tree per 20 parking spaces; all parking spaces within 100ft of the center of a tree.
Elevations and Masonry:
UDC requires all non-residential structures in Light Industrial districts, excluding doors and windows, to be constructed of 85% masonry. This development complies with the masonry requirements.
|
Elevation Materials |
|
|
North |
East |
South |
West |
Total % |
|
Masonry (Brick and/or stone) |
100% |
100% |
100% |
100% |
100% |
|
Total(1) |
100% |
100% |
100% |
100% |
100% |
(1) - Excluding Doors/Windows.
Dumpster:
The property currently has existing waste removal services and a 2 yard rolling dumpster from Republic Services. The applicant will continue to utilize this service with the development of the southern half of this property.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map (FLUM) of the 2010 Comprehensive Plan shows this area as appropriate for Light Industrial uses. With a specific use permit for used car sales, this development will be consistent with the FLUM.
REQUESTED APPEALS BY APPLICANT:
The applicant is not requesting any appeals.
RENEWAL INSPECTION STATUS:
The property is still under construction.
RECOMMENDATION:
Staff recommends a one (1) year renewal of Oridinance No. 9823-2015
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 THE ONE (1) YEAR RENEWAL OF A SPECIFIC USE PERMIT FOR USED AUTO SALES, TO WIT: BEING LOT 7R, POULIN ADDITION, 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, on February 17, 2015, the Grand Prairie City Council approved, via Ordinance No. 9823-2015 (Planning Case File No. SU150201/S150201), a request for a Specific Use Permit for Used Auto Sales in the Light Industrial (LI) District; and
WHEREAS, said Ordinance required a one (1) year review of the existing Specific Use Permit for Used Auto Sales in the Light Industrial (LI) District via a public hearing process to verify compliance with the approved development standards and all applicable codes; and
WHEREAS, staff has verified that the subject property is still under construction; and
WHEREAS, staff recommends a one (1) year renewal of said existing Specific Use Permit for Used Auto Sales in the Light Industrial (LI) District, and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on June 6, 2016, following legal notice of such public hearing before the Planning and Zoning Commission had been published in the paper of record, for the proposed indefinite renewal of the existing Specific Use Permit for Used Auto Sales in the Light Industrial (LI) District, said Notice having been given not less than ten (10) days before the date set for hearing, 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 grant the indefinite renewal of existing Specific Use Permit for Used Auto Sales in the Light Industrial (LI) 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 June 21, 2016, 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 947A for the property location described as follows:
2233 E. Main Street, also being described as being Lot 7R, Poulin Addition, Dallas County, Texas, and as shown on the attached Exhibit A - Site Plan and Exhibit C - Location Map.
SECTION 2: Definitions
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.
Used Auto Sales: The sale of used automotive vehicles, such as cars, pick-up trucks, vans, and sport utility vehicles, etc. Acceptable accessory uses would include Make Ready Service.
SECTION 3: Specific Use Permit
FOR OPERATION OF A USED AUTO SALES BUSINESS WITHIN LIGHT INDUSTRIAL (LI) DISTRICT.
1. The development shall conform to the City Council approved Site Plan (Exhibit A) and Building Elevations (Exhibit B);
2. As outlined within the Operational Plan contained within the Specific Use Permit Application File No. SU150201/S150201, 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 used for overflow parking and no parking on Poulin Ave.;
B. The use of car haulers, trailers, wreckers, or any like vehicles for the delivery of inventory shall be prohibited;
D. Make Ready Services shall be conducted indoors;
E. There shall be no outside storage;
F. No inoperable vehicles shall be stored on site for the purposes of repair and resale;
G. All vehicle parking shall be parked on city approved surfaces;
H. All operations shall maintain compliance with all federal, state, and local environmental regulations;
I. All operations shall maintain compliance with City Ordinance No. 7408 Automotive Related Business (ARB) regulations;
J. Must practice all best management practices listed in its storm water pollution prevention plan; and
3. Future expansions to this facility will require the submittal of a revised site plan for review and approval to the Planning Department.
SECTION 4: Compliance
All development must conform to the approved Development Plans, which are herein incorporated by reference.
1. By this Ordinance, this Specific Use Permit for Used Auto Sales in the Light Industrial (LI) District shall automatically terminate, in accordance with Section 5.4.1 of the Unified Development Code, upon cessation of said use for a period of six (6) months or more.
2. Furthermore, by this SUP Ordinance, the City Council shall conduct a public hearing one (1) year after City Council adoption of this Ordinance 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.
3. The operation of this Specific Use Permit 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, each new owner shall obtain a new Certificate of Occupancy.
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 21st of Day of June, 2016.
Ordinance nO. 10069-2016
specific use permit no. 947A
case no. su150201A/s150201A