From
Chris Hartmann
Title
SU151001A - Specific Use Permit Renewal - Auto Care Central (City Council District 2). Request for the indefinite renewal of Specific Use Permit No. 829B (Ordinance No. 9953-2015) permitting the operation of a Used Auto Sales lot. The 1.23 acre property, addressed as 520 W. Pioneer, is generally located on the north side of Pioneer Pkwy and east of S. Carrier Pkwy. The property is zoned Planned Development 56 (PD-56) District. The agent is Rick Sala and the applicant is Nader Farokhrouz, Scope Enterprises, Inc. DBA/Auto Care Central. (On November 7, 2016, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
PURPOSE OF REQUEST:
Renewal of a specific use permit Ordinance No. 9953-2015 authorizing the sales of used automobiles onsite.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Land Use |
|
North |
PD-56 |
Vacant Land |
|
East |
PD-56 |
Vacant Land |
|
West |
MF-1 |
Multi-Family residence |
|
South |
GR |
General Retail establishments |
BACKGROUND:
February 15, 1972: City Council approved Planned Development PD-56 as a Special Complex, permitting any use as prescribed in Article IV “ Permissible Uses” of the UDC.
January 5, 2010: City Council approved SUP-829, Ordinance 8076, for an Auto repair facility and State Inspections.
March 15, 2011: City Council approved the renewal of SUP-829, Ordinance 8076, for an Auto repair facility and State Inspections.
August 18, 2015: Staff processed an application for a specific use permit for used auto sales.
September 24, 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.
September 25: A legal notice of the upcoming public hearing was mailed to affected property owners and a sign was posted on the property in accordance with the UDC.
October 5, 2015: The Planning and Zoning Commission recommended approval in an 8-1 decision.
October 13, 2015: City Council approved Ordinance No. 9953-2015.
October 5, 2016: Code Enforcement observed no violations.
PROPOSED USE AND CHARACTERISTICS
Operations
Auto Care Central is an existing general automotive repair facility on 1.3 acres. The facility has 6 overhead doors on the west and east sides of the building. All repairs are done indoors. The applicant is requesting permission to add Used Auto Sales to their certificate of occupancy. No major operational changes will occur with the addition of Used Auto Sales. The parking area will expand and parking spaces will be designated for inventory and display vehicles. They will not be doing major repair work to the vehicles that will be for sale, only minor repair.
Building Elevations
No changes to the building are being proposed as part of this request.
Parking and Access:
Auto Related Businesses are required 1 space per 400sqft of building area. Auto sales businesses require 1 space per 400sqft of building as designated customer parking spaces. The proposed site plan will expand the parking area to the north side of the property. The applicant is required to have 18 parking spaces. The applicant is providing 37 parking spaces and 43 inventory and display vehicle parking spaces.
Landscape and Screening:
The Unified Development Code requires a Type 1 masonry screening wall to be placed on property lines adjacent to residential property; however, the site plan, approved in 2009, allowed for a living screen along the west property line. Staff has no objection to the continuation of a living screen and shrubs approved previously. The proposed site plan shows adequate landscaping. Staff will need to review and approved a final landscape design with details prior to approval of any building permit or certificate of occupancy.
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. This proposal is consistent with the FLUM.
APPEALS AND EXCEPTIONS:
No appeals are being requested.
RECOMMENDATION:
The Development Review Committee recommends for the indefinite renewal of Ordinance No. 9953-2015
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 INDEFINITE RENEWAL OF A SPECIFIC USE PERMIT ADDING USED AUTO SALES AS AN ACCESSORY USE TO EXISTING SPECIFIC USE PERMIT NO. NO. 829A (ORDINANCE NO. 9181-2011THAT AUTHORIZED MINOR AUTOMOTIVE REPAIR AND A STATE VEHICLE INSPECTION STATION, TO WIT: BEING A 1.2268 ACRE PARCEL PLATTED AS LOT6R-A, BLOCK 1, SHARPSTON HEIGHTS ADDITION NO. 1, 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, on October 13, 2015, the Grand Prairie City Council approved, via Ordinance No. 9953-2015 (Planning Case File No. SU151001/S151001), a request for a Specific Use Permit adding Used Auto Sales as an accessory use to an Existing Specific Use Permit (Ordinance No. 9181-2011) for Minor Automotive Repair and a State Vehicle Inspection Station; and
WHEREAS, said Ordinance requires a one (1) year review of Ordinance No. 9953-2015 to verify compliance with the approved development standards and all applicable codes; and
WHEREAS, staff has verified that the subject property is in full compliance with the approved development standards and applicable codes; and
WHEREAS, staff recommends, due to verified compliance with the approved development standards and applicable codes, the indefinite renewal of said Specific Use Permit adding Used Auto Sales as an accessory use to an Existing Specific Use Permit (Ordinance No. 9181-2011) for Minor Automotive Repair and a State Vehicle Inspection Station; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on November 7, 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 Specific Use Permit adding Used Auto Sales as an accessory use to an Existing Specific Use Permit (Ordinance No. 9181-2011) for Minor Automotive Repair and a State Vehicle Inspection Station; 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 the Specific Use Permit adding Used Auto Sales as an accessory use to an Existing Specific Use Permit (Ordinance No. 9181-2011) for Minor Automotive Repair and a State Vehicle Inspection Station; 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 15, 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 matters 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 829C for the property addressed as 520 W. Pioneer, Grand Prairie, Texas, as shown in Exhibit B - Location Map and as legally described as Lot 6R-A, Block 1 of the Sharpston Heights No. 1.
SECTION 2: Purpose
The purpose of this Ordinance is to authorize the indefinite renewal of Ordinance No. 9953-2015 and to further provide the appropriate restrictions and development controls for this Specific Use Permit to operate in a manner compatible with the surrounding development and zoning and in compliance with the City’s Comprehensive Plan and the Unified Development Code.
SECTION 3: Operational Standards
FOR OPERATION OF USED AUTO SALES (AS AN ACCESSORY USE), MINOR AUTO REPAIR, AND A STATE VEHICLE INSPECTION STATION, THE FOLLOWING STANDARDS SHALL APPLY:
1. All operations shall conform to the site plan package, attached hereto as Exhibit A - Site Plan and the operational plan as approved by City Council under case number SU151001/S151001.
2. As outlined within the Operational Plan contained within the Planning Department Case File No. SU151001/S151001, and as more specifically stated and codified herein, the development shall adhere to the following operational standards:
a. A maximum of one (1) Certificate of Occupancy may be issued for the use of the subject property. However, before a new certificate of occupancy may be issued, either:
i. The previous certificate of occupancy shall be returned to Building Inspections; or
ii. A signed and dated letter from the property owner, declaring the previous use is no longer occurring, shall be submitted to Building Inspections.
b. All repair, maintenance, and inspection of vehicles shall be performed indoors.
c. The business operator shall maintain a Service/Repair Ledger of every vehicle brought in for service or repair. The ledger shall be kept on-site and shall be made available for immediate viewing upon request by Code Enforcement or Police Department personnel during inspections or investigations. The ledger shall contain the following minimum information:
i. Date the vehicle entered the site for services or repairs;
ii. Customer Name;
iii. Vehicle Identification Number, Make, Model and Year;
iv. Type of services or repairs needed and/or performed;
v. Estimated time of completion;
vi. Date work completed;
vii. Date vehicle was removed from site.
e. No inoperable vehicles may be parked or stored outside.
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; and
h. Must practice all best management practices listed in its storm water pollution prevention plan; and
3. All vehicles must be parked within clearly marked parking spaces, as shown on the approved site plan. There shall be no parking within drive aisles or fire lanes. The use of the public rights-of-way for parking, loading, or unloading shall be prohibited.
4. Any and all on-site advertising related to the used Auto sales portion of the business is hereby prohibited, except for advertising on the existing on-premise pole sign. Specifically, there shall be no markings, graphics, or other advertising on the windshield or any other portion of the used Autos, except as may be required by law. There shall be no display of flags, banners, balloons, streamers, or other methods of attracting the motoring public to the business.
5. The on-site preparation of the used Autos to be offered for sale shall be limited to Make Ready Services and mechanical repairs, as is currently permitted and codified in Ordinance No. 9181-2011. Any and all body work, painting, and/or salvaging are hereby prohibited.
6. The Used Auto Sales use is hereby declared to be an accessory use of the Minor Auto Repair and State Vehicle Inspection Station uses and shall not exist as a standalone use.
7. A Site Plan Mylar must be submitted to the planning department for review and approval. Future changes to the parking or expansions to this facility, regarding this Specific Use Permit, will require the submittal of a revised site plan for review and approval to the Planning Department.
8. Must address and comply with any outstanding Development Review Committee comments for the Specific Use Permit found in File No. SU151001/S151001.
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 adding Used Auto Sales as an accessory use; 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. 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.
3. 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.
4. The Used Auto Sales portion of this Specific Use Permit shall NOT run with the land and therefore may NOT be transferred from owner to owner. All other portions of this Specific Use Permit shall run with the land and may be transferred from owner to owner; however, each new owner shall obtain a new Certificate of Occupancy in their name.
5. The Used Auto Sales use, and the necessary State issued “used automotive dealers license”, is hereby limited to Nader Farokhrouz, the applicant of this specific use permit. No other used automotive dealer’s license may be used to sell Autos from this location.
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 15th DAY of NOVEMBER, 2016.
ORDINANCE NO. 10185-2016
SPECIFIC USE PERMIT NO. 829C
CASE NO. SU151001B