From
Chris Hartmann
Title
SU141103 - Specific Use Permit - 301 N. Belt Line Road (City Council District 5). Approval for a Specific Use Permit for Quick Lube and Tune services and Tire Sales and Installation with Outside Display within a General Retail (GR) District. The subject site is located at 301 N. Belt Line Rd at the northwest corner of Small Hill St. and N. Belt Line Road. The agent is Joel Downs, Texas Horse Stalls and the owner is Mohammad Ghanim, Belal Investment, Inc. (On December 1, 2014, the Planning and Zoning Commission recommended approval of this request by a vote of 7-1.)
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
PURPOSE OF REQUEST:
The property at 301 N Belt Line Rd has a non-conforming use for Auto Tire Sales and Installation. The business is named Car Zone. The earliest Certificate of Occupancy for tire sales at this site was issued in 1984. Current zoning requires a Specific Use Permit to operate a tire sales use in a General Retail (GR) District. The business has outgrown its existing space and a significant expansion is proposed. The applicant is requesting a Specific Use Permit for Auto Tire Sales and Installation with Outdoor Displays in order to bring the property into a conforming status and to expand the use. Additionally, a new use is proposed that requires a Specific Use Permit within a General Retail (GR) District; Quick Lube and Tune Services (Oil Changes with minor auto repair).
ADJACENT LAND USES AND ACCESS:
Direction |
Zoning |
Existing Land Use |
North |
GR |
City of Grand Prairie - Water Utilities |
East |
GR |
Grand Prairie Baptist |
West |
GR |
City of Grand Prairie - Water Utilities |
South |
GR, CBD 2 |
Restaurant/Schlotzsky's Deli |
BACKGROUND:
September 16, 2014: The Planning staff processed an application for the approval of a Specific Use Permit.
October 23, 2014: The Development Review Committee (DRC) meeting was held. Staff met with the applicant to discuss the proposal. The proposal was cleared to move forward.
October 23, 2014: A legal notice was mailed to affected property owners and notice of the upcoming public hearing was published in the Fort Worth Star Telegram.
November 3, 2014: This item is scheduled to be heard by the Planning and Zoning Commission.
November 18, 2014: This item is scheduled to be heard by the City Council.
PROPOSED USE AND CHARACTERISTICS
The applicant is proposing to expand a non-conforming use of Auto Tire Sales and Installation. By receiving a Specific Use Permit, the property will be brought into conforming status. The applicant is also proposing, as part of the expansion, to add Quick Lube and Tune Services, comprising of oil changes with minor auto repair.
The current 2185sqft building has 3 vehicle service bays. The proposed new building will add 2400sqft and an additional 3 vehicle service bays. The applicant will be adding new concrete, expanding the parking areas, and adding landscaping to comply with current zoning regulations.
Operations:
Car Zone will be open Monday through Saturday from 8AM to 6PM and employee at least 3 full time employees. The business will provide several automotive services, including: oil changes, auto tire sales and installation, and minor auto repair. The site will have 6 vehicle service bays; 2 bays for oil changes, 2 bays for tire installation, and 2 bays for minor auto repair. A detailed operational plan is attached to this report.
Aside from the previously mentioned uses, the applicant is also requesting a "Limited Outside Display" for showcasing New Tires and New Wheels/Rims. The area for the limited outside display is shown on the submitted site plan and will take up approximately 40sqft of space directly in front of the existing building, on the southeast corner of the original building. The displays will be mobile and will be outside during hours of operation only.
Parking and Access:
The property fronts on both N. Belt Line Rd. and Small Hill St. Currently, the site has 3 access points along Small Hill St and 2 access points along Belt Line Rd. Staff has recommended the closer of the access point closest to the Belt Line Rd/Small St intersection. Staff has also recommended closure of the existing access point closest to the west property line along Small Hill St. The applicant has agreed to these access closures.
The proposed development will meet the parking requirements in the UDC. The table below provides an analysis of the parking requirements for automotive service uses.
Standard |
Parking Rate |
Required |
Provided |
Meets |
Total Parking Spaces |
1/400sqft |
12 |
12 |
Yes |
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, except for one item; the required front setback along Belt Line Rd. The site has an existing canopy that extends farther than is allowed by today's standards; however, the posts of the canopy are set within the build lines. The table below provides an analysis of the minimum development standards for a General Retail (GR) District.
General Retail (GR) |
Standard |
Required |
Provided |
Meets |
Minimum Site Area |
5,000sqft |
42,780sqft (0.98acres) |
Yes |
Minimum Lot Width |
50ft |
209ft |
Yes |
Minimum Lot Depth |
100ft |
160ft |
Yes |
Front Yard - Belt Line |
25ft |
25ft |
No |
Front Yard - Small St |
25ft |
25ft |
Yes |
Side Yard - Internal |
10ft |
80ft |
Yes |
Rear Yard |
0ft |
32ft |
Yes |
Floor Area Ratio |
0.5:1 |
0.13:1 |
Yes |
Maximum Height |
25ft |
16ft |
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: General Retail (GR) District |
Standard |
Required |
Provided |
Meets |
Overall Landscape (5%) |
1,387sqft |
1,479sqft |
Yes |
Minimum Front Yard Landscaping (75%) |
1041sqft |
1223sqft |
Yes |
Shrubs |
Standard |
Required |
Provided |
Meets |
Total Shrubs(1) |
36 |
27 + 1 tree = 37 |
Yes |
Trees(2) |
Standard |
Required |
Provided |
Meets |
Total Trees(3) |
3 Trees |
9 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.
Elevations and Masonry:
The Unified Development Code requires all non-residential structures in General Retail (GR) districts, excluding doors and windows, to be constructed of 100% masonry. This development building will be constructed of 100% brick.
Dumpster Enclosure:
The applicant is proposing a dumpster enclosure that is consistent with the design requirements of the Unified Development Code; specifically, a 12ftx12ft pad site with masonry walls at least 6ft in height and 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/Office uses. With a specific use permit for Quick Lube and Tune Services and Auto Tire Sales and Installation, this development will be consistent with the FLUM.
REQUESTED APPEALS BY APPLICANT:
The applicant is not requesting any appeals.
RECOMMENDATION:
The Development Review Committee does not support outside tire display; however staff does not oppose the other requests from the applicant. Staff has concerns about the multiple code violations on this property throughout the years. Attached to this report is a summary of code violations document since the approval of the Automotive Related Business (ARB) ordinance in 2007. The history of non-compliance raises concerns, but staff does recognize that this request was made to help the property come into compliance with local ordinances. Staff recommends approval of a Specific Use Permit for Auto Tire Sales and Installation and Quick Lube and Tune Services with the conditions listed below:
1. The development shall conform to the City Council approved Site Plan: Exhibit B - Site Plan/Dimensional Control Plan, Exhibit C - Building Elevations, and Exhibit D - Site/Parking Areas & Landscape Plan.
2. As outlined within the submitted Operational Plan contained within the Specific Use Permit Application File No. SU141103, 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 maneuvering of customer vehicles;
b. The existing drive accesses nearest to the Belt Line Rd/Small Hill St intersection shall be closed as shown in the approved site plan, Exhibit B;
c. The existing drive access along Small Hill St, nearest to the west property line shall be closed as shown in the approved site plan, Exhibit B;
d. All vehicle work shall be done indoors;
e. There shall be no outside storage or displays;
f. All vehicle parking shall be parked on city approved surfaces.
g. Parking or storage of inoperable vehicles, as defined by the Unified Development Code (UDC), shall be prohibited.
3. All operations must maintain compliance with all federal, state and local regulations;
4. All operations shall maintain compliance with City Ordinance No. 7408 Automotive Related Business (ARB) regulations;
5. All operations must practice all best management practices listed in its storm water pollution prevention plan;
6. A Texas Commission of Environmental Quality (TCEQ) closure report for removal of underground storage tanks are required and must be submitted to Environmental Services before approval of any building permit;
7. Before any permit is issued, an official plat must be filed with the county;
8. Future expansions to this facility will require the submittal of a revised site plan for review and approval to the Planning Department.
9. The Specific Use Permit shall only be valid with the completion of the construction of the "Proposed Building", as indicated on the approved site plan (Exhibit "B"). The proposed building must pass all inspections as determined by the Building Inspections Division of the Planning and Development Department. Oil changes shall not occur until such time.
Body
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 AND AUTO TIRE SALES AND INSTALLATION, TO WIT: BEING A TRACT OF LAND LOCATED IN THE CHARLES CAMPBELL SURVEY, ABSTRACT No. 376, GRAND PRAIRIE, DALLAS COUNTY, TEXAS (SEE EXHIBIT "A" FOR COMPLETE LEGAL DESCRIPTION), 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 and Auto Tire Sales and Installation within a General Retail (GR) District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on November 3, 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 Specific Use Permit for Quick Lube and Tune Services and Auto Tire Sales and Installation within 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, the Planning and Zoning Commission of Grand Prairie, Texas, following public testimony and discussion, continued the public hearing on said application to the December 1, 2014 Planning and Zoning Commission public hearing; and
WHEREAS, after reconvening on the matter during the Planning and Zoning Commission public hearing on December 1, 2014, and after further consideration of said application, the Planning and Zoning Commission of the City of Grand Prairie, Texas voted 7 to 1 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 Quick Lube and Tune Services and Auto Tire Sales and Installation within 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 November 18, 2014, subsequently tabled to 6:30 o' clock P.M. on December 9, 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, 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 945 for the property location described as follows:
301 N. Belt Line Road, the legal description as shown in Exhibit "A".
SECTION II: Definitions
Auto Tire Sales and Installation: Means the retail sales and indoor installation of tires, wheels, and typically includes wheel balancing, alignment and repair of previously installed tires or wheels.
Minor Auto Repairs: Means a maintenance, repair, or replacement procedure, which may include, but not be limited to, the repair or replacement of the following mechanical components: alternator, generator, starter, water pump, battery, change of oil and filter, fan belt or hoses, lamp replacement, repair of flat tires, brakes or other minor part thereof, distributor cap, rotor, or spark plug.
Quick Lube and Tune Services: Means a business or facility where the principal use is changing oil, lubrication, and minor auto repair. This may also include state vehicle inspections and minor repairs necessary to pass the state requirements. (See Minor Auto Repairs)
SECTION III: Specific Use Permit
FOR OPERATION OF A SPECIFIC USE PERMIT FOR QUICK LUBE AND TUNE SERVICES AND AUTO TIRE SALES AND INSTALLATION WITHIN A GENERAL RETAIL (GR) DISTRICT:
1. The development shall conform to the City Council approved Site Plan: Exhibit B - Site Plan/Dimensional Control Plan, Exhibit C - Building Elevations, and Exhibit D - Site/Parking Areas & Landscape Plan.
2. As outlined within the submitted Operational Plan contained within the Specific Use Permit Application File No. SU141103, 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 maneuvering of customer vehicles;
b. The existing drive accesses nearest to the Belt Line Rd/Small Hill St intersection shall be closed as shown in the approved site plan, Exhibit B;
c. The existing drive access along Small Hill St, nearest to the west property line shall be closed as shown in the approved site plan, Exhibit B;
d. All vehicle work shall be done indoors;
e. Outside displays shall be limited to an area not to exceed 40sqft and in no case shall the outdoor displays be placed more than 10ft away from the primary building's outside wall.
f. All vehicles shall be parked on city approved surfaces.
g. Parking or storage of inoperable vehicles, as defined by the Unified Development Code (UDC), shall be prohibited.
3. All operations shall maintain compliance with all federal, state and local regulations;
4. All operations shall maintain compliance with City Ordinance No. 7408 Automotive Related Business (ARB) regulations;
5. All operations shall practice all best management practices listed in its storm water pollution prevention plan;
6. A Texas Commission of Environmental Quality (TCEQ) closure report for removal of underground storage tanks are required and shall be submitted to Environmental Services before approval of any building permit;
7. Before any permit is issued, an official plat shall be filed with the county;
8. Future expansions to this facility will require the submittal of a revised site plan for review and approval to the Planning Department.
SECTION IV: 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 and Auto Tire Sales and Installation within 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 V.
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 VI.
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION VII.
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 9TH of DECEMBER, 2014.
Ordinance no. 9803-2014
Case No. SU141103
Specific Use permit no. 945