1From
Chris Hartmann
Title
SU140702 - Specific Use Permit - 521 W. Marshall Drive (City Council District 2). A Specific Use Permit for Automotive Uses; Quick Lube & Tune Services (Oil Change), and Minor Auto Repair. The subject property is located at 521 W. Marshall Dr. and zoned General Retail District (GR). The owner/applicant is Pastor Gomez. (On September 8, 2014, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0.)
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Denial
Body
SUMMARY:
Consider a request for a Specific Use Permit for Automotive Uses; Quick Lube & Tune Services (Oil Change) with minor auto repair. The subject property is located at 521 W. Marshall Dr. and zoned General Retail District (GR).
ADJACENT LAND USES AND ACCESS:
Direction |
Zoning |
Existing Land Use |
North |
Single Family-Three |
Single Family Detached Residential |
East |
Single Family-Three |
Single Family Detached Residential |
West |
General Retail |
Church |
South |
General Retail |
Vacant Land |
PURPOSE OF REQUEST:
The applicant is requesting a Specific Use Permit to allow Quick Lube & Tune Services (Oil Change) which would also allow minor auto repair. By an affirmative vote from the City Council, this request was remanded back to the Planning and Zoning Commission for further review and consideration. The major changes from the last presentation include the following:
- No longer requesting a Tire Sales and Installation Use.
- Inclusion of a dumpster enclosure on the site plan.
- No longer building a storage shed on the property.
- No appeals are being requested.
ZONING HISTORY AND BACKGROUND
The 1977 zoning map shows the area zoned as General Retail (GR) District. Staff is not able to identify any previous zoning. In 1977, this site was used as a gasoline service station and auto supply shop. In 2003, it served as a produce and retail store. In 2005, it facilitated bible study for the Inglewood Baptist Church. It was recently purchased by the applicant.
On May 2, 2014, the applicant submitted an application for the requests specific use permits. Because there were unanswered questions and concerns during the Development Review Committee (DRC) meeting on June 26, 2014, the DRC recommended that the request be tabled until the August 4th Planning and Zoning Commission meeting.
On August 4, 2014, the Planning and Zoning Commission did not recommend approval to City Council. The applicant elected to appeal the decision to City Council. The applicant present changes to their site plan and chose to remove the tire sales portion of their request. The City Council voted to allow the applicant to present their changes to Planning and Zoning Commission.
PROPOSED USE AND CHARACTERISTICS
This 0.37 acre parcel is located within General Retail (GR) District zoning. The applicant wishes to operate a Quick Lube & Tune Services (Oil Change) and a State Inspections station. In GR zoning, a State Inspection use is allowed by right. Quick Lube and Tune is defined by the UDC as, "a business or facility where the principal use is changing oil, lubrication, and minor auto repair. This may also include state vehicle inspections and the minor repairs necessary to pass the state requirements."
The applicant has provided staff with a detailed operational plan. The site will have two primary uses; State Inspections and Quick Lube & Tune Services (Oil Change). The building on site once had three vehicle bays. Two of the bays were replaced by large windows, but will be converted back to vehicle bays. Detailed operation can be viewed in the attached operational plan. Staff has provided a summary of the uses below:
Bay 1 "Storage"
Bay 1 will facilitate any storage needed for the site and will be used for any pickups or deliveries.
Bay 2 "State Inspections"
Bay 2 will service the vehicle state inspections.
Bay 3 "Oil Change and Lube"
Bay 3 will be used for oil changes and replacements of spark plugs, filters, and other related minor auto repairs.
Parking and Access:
According to the site plan, the applicant is proposing to have the majority of the parking along the street frontage of Virginia Drive. For new developments a 3ft screening hedge would have been required to screen the parking from the public right-of-way, however, because this is an existing site, the UDC does not require this property to conform to today's landscaping standards. More information may be found in the 'Landscaping and Screening' section of this report. The applicant will meet the required parking. The table below provides and analysis of the parking requirements for an auto-related business.
Standard |
Parking Rate |
Required |
Provided |
Meets |
Auto Related Business |
Min. of 6 spaces |
6 |
8 |
Yes |
Handicapped Spaces |
1 spaces/1-25 spaces |
1 |
1 |
Yes |
This site may be accessed from W. Marshall St. and Virginia Dr. Currently, each street-adjacent frontage has two access points. The two access points, nearest to the intersection of Virginia Dr. and Marshall Dr., do not meet today's standards. For a commercial property, Article 23 of the UDC requires the distance between a drive access and an intersection to be 100ft. Before any building permit can be issued, the Transportation Department may require that those access points be closed, which will leave the site with one access point on each street frontage, as shown on the submitted site plan.
Dimensional and Paving Requirements:
This site is considered a legal existing non-conforming development. The west side of the building was built 9.5 feet from the property line; today's zoning standards would require 10 feet. All other dimensional requirements are being met.
The southeastern portion of the property is not paved at this time. Upon approval of the requested SUP, the applicant will pave the area to conform to the UDC standards. The following table is an analysis of the site plan concerning the UDC standards for the GR zoning district.
General Retail (GR) District |
Standard |
Required |
Provided |
Meets |
Minimum Site Area |
5,000sqft |
15,625ft (0.36 acres) |
Yes |
Minimum Lot Width |
50ft |
125ft |
Yes |
Minimum Lot Depth |
100ft |
125ft |
Yes |
Front Yard |
25ft |
41ft |
Yes |
Side Yard - Internal |
10ft |
9.5ft |
No |
Side Yard Adj. - Street |
25ft |
47ft |
Yes |
Rear Yard |
0ft |
55ft |
Yes |
Floor Area Ratio |
0.35:1 |
0.12:1 |
Yes |
Maximum Height |
25ft |
12ft 8in |
Yes |
Paving |
Concrete or Equivalent |
Concrete |
Yes |
|
|
|
|
Landscape and Screening:
Because this is site contains existing development, the UDC does not require the addition of landscaping. Staff is unaware if the site was required to be landscaped at the time of construction. With regards to landscaping, staff considers the site a legal non-conforming development. The applicant will have landscaping on the south end of the property, which calculates to about 5% landscaping; the standard for a GR district is 10%
The UDC requires a non-conforming site to update its landscaping under the following conditions:
1. Expansions of building area exceed 30% or 3,000 square feet. The applicant is not increasing the building area.
2. Parking lot expansion is more than 30% of the parking area. The size of the current parking area is approximately 6,700sqft. The additional parking area proposed to be paved will be approximately 1,450sqft; an increase of approximately 22%.
Elevations and Masonry:
The site is developed with a 1,820 sqft building, standing 12ft 8in to the top of the wall. The structure has an existing canopy with about 11ft of clearance. This canopy is on the north façade. As stated before, this building is legal non-conforming and is not required to meet current UDC standards; however, the building is constructed of a 100% brick veneer.
Dumpster Enclosure:
The applicant is proposing a dumpster location, located on the southern property line. The proposed dumpster enclosure will meet the standards required by the UDC; a 12ftx12ft masonry enclosure, at least 6ft in height, with a screening gate.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map (FLUM) of the 2010 Comprehensive Plan shows this area as appropriate for Commercial, Retail, and Office uses. The proposed use is only allowed within the General Retail district with the approval of a specific use permit. If a specific use permit is granted, the proposed use would be in conformance with the comprehensive plan.
REQUESTED APPEALS BY APPLICANT:
The applicant is not requesting any appeals.
RECOMMENDATION:
Though the applicant is no longer requesting the tire sales and installation use, due to the property's adjacency to residential homes, the Development Review Committee is still not in support of the proposed automotive use and does not recommend approval of the requested specific use permit.
AN ORDINANCE AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR A SPECIFIC USE PERMIT FOR QUICK LUBE AND TUNE SERVICES, TO WIT: BEING LOT 5, BLOCK 10/379, INGLEWOOD PARK, 2ND INSTALLMENT, 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 Quick Lube and Tune Services 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 August 4, 2014, 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 Automotive Uses, Tire Sales (New and Used), Car Wash and Detailing, Quick Lube & Tune Services (Oil Change, and Minor Auto Repair) 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 8 to 0 to recommend denial to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to allow a Specific Use Permit for Automotive Uses, Tire Sales (New and Used), Car Wash and Detailing, Quick Lube & Tune Services (Oil Change, and Minor Auto Repair) 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 August 19, 2014 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, the Planning and Zoning Commission of Grand Prairie, Texas, held a second public hearing on said application on September 8, 2014 after the Specific Use Permit request had been remanded back to the Planning Commission for reconsideration by action of the City Council during the August 19, 2014 public hearing in which the City Council concluded that the a original request before the Planning Commission on August 4, 2014, had been reduced in scope and no longer contained any appeals; 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 348 for the property location described as follows:
521 W Marshall Drive, also being described as being Lot 5, Block 10/379, Inglewood Park, 2ND Installment, Dallas County, Texas and as shown on the approved site plan labeled as Exhibit A - Site Plan and Exhibit B - Location Map, which are incorporated by reference.
SECTION 2: Specific Use Permit
FOR OPERATION OF QUICK LUBE AND TUNE SERVICES WITHIN A GENERAL RETAIL (GR) DISTRICT.
1. The development shall conform to the City Council approved Site Plan (Exhibit A - Site Plan) and Building Elevation .
2. As outlined within the Operational Plan contained within the Specific Use Permit Application File No. SU140702 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 or for the queuing of vehicles waiting for service or customer pick-up after service.
B. The existing canopy located closest to Virginia Drive and the existing access points located at the corner of Marshall Drive and Virginia Drive shall be removed and closed as necessary to accommodate the proposed on-site parking, as detailed on Exhibit A - Site Plan, prior to the issuance of a Certificate of Occupancy.
C. A dumpster enclosure and additional site paving, as detailed in Exhibit A - Site Plan, shall be constructed per city specification prior to the issuance of a Certificate of Occupancy.
C. Hours of Operation: Monday - Saturday from 8:00 AM to 7:00 PM and Sundays from 9:00 AM to 5:00 PM
D. The development shall consist of three separate service bays to be used as follows: Bay 1- storage of equipment, materials, and supplies; and acceptance of deliveries; Bay 2 - State Inspections; and Bay 3 - Oil Change and Lube.
D. No service shall be conducted on heavy duty trucks or 18-wheelers.
E. All operations shall comply with the Grand Prairie Noise Ordinance.
F. All operations shall maintain compliance with all federal, state, and local environmental regulations.
G. All operations shall maintain compliance with City Ordinance No. 7408 Automotive Related Business (ARB) regulations.
H. Must practice all best management practices listed in its storm water pollution prevention plan.
I. No outside storage or display.
2. Future expansions to this facility will require the submittal of a revised site plan for review and approval to the Planning Department; expansions of Bays will require an amendment to the Specific Use Permit for review and approval.
SECTION 3: Compliance
All development must conform to the approved Development Plans, which are herein incorporated by reference.
1. By this SUP Ordinance, this Specific Use Permit shall automatically terminate if a Certificate of Occupancy is not issued for a Specific Use Permit for Quick Lube and Tune Services in a General Retail (GR) District; within one (1) year after City Council adoption of this Ordinance, or upon cessation of the 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 approval of the Site Plan 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 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, 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 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 16th of SEPTEMBER, 2014.
Ordinance No. 9757-2014
Specific Use Permit No. 941
Case No. SU140702