From
Chris Hartmann
Title
Z121202 - Zoning Change - Lightning Motorsports (City Council District 2). Consideration of a request for the approval of a Zoning Change from Planned Development 163 (PD-163) to Planned Development 163A (PD-163A) District for Commercial uses with restrictions. The amendment shall allow all existing uses and indoor operations of a private vehicle maintenance facility, with general auto repair, indoor storage of recreational vehicles in an existing warehouse building, and outdoor parking of vehicle inventory. The 1.4458 acre site is located east of S. Highway 161, on the north side of Marshall Drive approximately 340 feet west of Carrier Parkway. The property is located within the State Highway 161 Overlay District. The owner/applicant is Bylo Properties. (On November 26, 2012, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0.)
Presenter
Director of Planning and Development Bill Crolley
Recommended Action
Approved
Analysis
SUMMARY:
Consideration of a request for the approval of a Zoning Change from Planned Development 163A (PD-163A) to Planned Development 163B (PD-163B) District for Commercial uses with restrictions. The amendment shall allow all existing uses and indoor operations of a private vehicle maintenance facility, with general auto repair, indoor storage of recreational vehicles in an existing warehouse building, and outdoor parking of vehicle inventory. The 1.4458 acre site is located east of S. Highway 161, on the north side of Marshall Drive approximately 340 feet west of Carrier Parkway. The property is located within the State Highway 161 Overlay District.
ADJACENT LAND USES AND ACCESS:
North - Property to the north is zoned General Retail (GR) District and Multi Family-One (MF-1) District and is partially developed with unpaved and paved storage area and a baseball park.
South - Immediately to the south is Marshall Drive classified as a minor arterial four lane undivided (M4U) roadway on the Master Transportation Plan (MTP). Across Marshall Drive property is zoned General Retail (GR) District and is developed with a strip shopping center and a church.
East - To the east property is zoned General Retail (GR) District and is developed with a restaurant.
West - Property to the west is zoned Multi Family-One (MF-1) and is undeveloped.
PURPOSE OF REQUEST:
To modify Planned Development District No. 163 for General Retail (GR) uses to Planned Development N. 163B for Commercial (C) uses with restrictions. The applicant is requesting to use the eastern half of the property for a private vehicle maintenance facility for Lightning Motor Sports. The proposed use will include general auto repair, indoor recreational vehicle and boat storage and repair, major component replacement. The applicant is also requesting to park inventory vehicles on paved surface behind an existing screening fence. The existing uses of a contractor's shop with outside storage is also being requested to be retained.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The proposed use will function as a private vehicle maintenance facility for Lightning Motor Sports, a used car sales lot located at 1100 W. Pioneer Parkway. The business had previously leased property in a light industrial area around the Grand Prairie Airport for their maintenance facility. The applicants have decided at this time to purchase a property where they can invest in a property and continue their vehicle maintenance and store vehicle inventory, recreational vehicles, and boats which they are licensed to sell.
The total property is 1.45 acres which is currently owned and previously used by Atkins Construction, a utility construction company. Since the utility construction company is no longer active the heirs have determined the sell the property. Lightning Motor Sports is currently under contract to close on the property by the end of the year if the zoning is approved.
The eastern 0.769 acre site is developed with a 7,828 square foot metal shop building where the vehicle maintenance will be done. There will also be limited boat and recreational vehicle storage in the building. The site is paved on the south with asphalt and with concrete on the north side around the existing building. Exterior paved areas will be striped and used for additional inventory parking. All existing outdoor storage areas are screened from public right-of-way.
The applicants intend to service and repair vehicles they purchase from the auto auctions and vehicles they take in trade from their sales lot. The applicants are requesting to be allowed to operate a private vehicle maintenance facility for their sales lot, doing general auto repair, occasional major component replacement, indoor recreational vehicle storage and repair, indoor boat storage and repair, and outdoor storage of their vehicle inventory on a paved surfaces behind existing screening fences. These uses will be conducted on the eastern half of the property.
The contractual agreement is to purchase all of the property under the current ownership by the end of the year. Because there is no option to only purchase one portion of the property, the applicants propose to sell or lease the western 0.69 acre for another business. They are requesting retaining the contractors shop with outside storage use as part of the zoning because the site is already configured for that use.
ZONING HISTORY:
The zoning was changed from Commercial-One to Planned Development 163 (PD-163) for Commercial (C) uses by Ordinance 3743, case number Z851SW14 in February, of 1985.
The zoning was changed by City Council again in October of 2000 by case number Z000901, Ordinance 6330, from Planned Development 163 (PD-163) for Commercial uses to Planned Development 163A for General Retail (GR) uses plus the additional uses of a contractor's shop with outside storage. The zoning has been in place since that time.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map of the 2010 Comprehensive Plan designates this area for commercial uses. Staff has determined that the proposed use is in conformance with the 2010 Comprehensive Plan.
DENSITY AND DIMENSIONAL IMPACTS:
Density and dimensional standards are highlighted in the attach.
REQUESTED APPEALS BY APPLICANT:
No appeals are being requested by the applicant.
RECOMMENDATION:
The Development Review Committee recommends approval of this request in accordance with the conditions as listed in the attached ordinance, since no appeals to the Unified Development Code or the State Highway 161 Overlay District are being requested by the applicant.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, AMENDING THE ZONING MAP TO REZONE A 1.4458 ACRE TRACT OF LAND (THE ZONING AREA) OUT OF PLANNED DEVELOPMENT DISTRICT NO. 163 (PD-163), BEING PLATTED AS LOTS 1 AND 2, BLOCK A, ATKINS ADDITION, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, GENERALLY LOCATED AT THE NORTH SIDE OF MARSHALL DRIVE, FROM A PLANNED DEVELOPMENT FOR "GR" GENERAL RETAIL USES TO PLANNED DEVELOPMENT FOR "C" COMMERCIAL USES WITH RESTRICTIONS; SAID ZONING MAP AND ORDINANCE BEING 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 (the Zoning Area) filed application with the City of Grand Prairie, Texas, petitioning an amendment of the Zoning Ordinance and map of said city so as to rezone and reclassify said property from its classification of a From a Planned Development for "GR" General Retail Uses to a Planned Development for "C" Commercial Uses with Restrictions; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on November 26, 2012 after written notice of such public hearing before the Planning and Zoning Commission on the proposed rezoning had been sent to owners of real property lying within 300 feet of the Zoning Area on which the change of classification 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 to the City Council of Grand Prairie, Texas, that the hereinafter described property (the Zoning Area) be rezoned from its classification of a From a Planned Development for "GR" General Retail Uses to a Planned Development for "C" Commercial Uses with Restrictions; 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 December 11, 2012 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 proposed rezoning and the City Council of the City of Grand Prairie, Texas, being informed as to the location and nature of the use proposed on said property (the Zoning Area), 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 from its classification of a Planned Development for "GR" General Retail Uses 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 1.
That Ordinance Number 4779, being the Zoning Ordinance and Map 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:
"AN ORDINANCE AMENDING IN ITS ENTIRETY CHAPTER 28 OF THE CODE OF ORDINANCES KNOWN AS THE ZONING ORDINANCE 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 PLANÂ…"
and passed and approved November 20, 1990, as amended, is hereby further amended so as to rezone the following described area from its classification of a From a Planned Development for "GR" General Retail Uses to a Planned Development for "C" Commercial Uses with Restrictions; and is hereby amended for the property within the Zoning Area and location as described by metes and bounds and as shown on the attached Exhibit "A" which is incorporated herein by reference.
Being a 1.455 acre tract of land (the zoning area) out of Planned Development District No. 163 (PD-163), platted as Lots 1 and 2, Block A, Atkins Addition, and being addressed as 918 Marshall Drive, City of Grand Prairie, Dallas County, Texas
SECTION 2.
Development Standards
1. Permitted Uses
Permitted uses shall be those uses as listed in Article 4 of the Unified Development Code for the Commercial zoning district with the addition of the existing use of a Contractors Shop with Outside Storage. The following uses shall be allowed by right.
Vehicle Maintenance Facility (private)
General Auto Repair
Major Component Replacement
Indoor storage of recreational vehicles in existing warehouse
Indoor Storage and repair of Boats in existing warehouse
Outdoor parking of all vehicle inventory on paved and striped areas screened from public right-of-way.
2. Restricted Uses
The uses listed below shall be prohibited.
Parole /Probation Office
Cemetery/Mausoleum
Crematorium
Gas Compressor Station
Petroleum or Gas Gathering or Distribution
Wind Turbines Ground Mounted
Check Cashing/Paycheck and Car Title Loans
Convenience Store with Gasoline Sales
Alcoholic Beverage Distribution
Exterminator Storage
Heavy Machine Sales Outside
Mini Storage
Mobile Home Dealer
Private Club (Alcohol)
Bus Charter
Motorcycle Dealer
Recreational Vehicle Sales
Transfer or Storage Terminal
Transit Maintenance Equipment Facility
Alcohol Beverage Wholesale
Operational Requirements
FOR OPERATION OF VEHICLE MAINTENANCE FACILITY LOCATED IN A COMMERCIAL (C) DISTRICT. The following conditions are hereby established as part of this ordinance:
1. No vehicle sales shall be permitted on the property.
2. The facility must develop and implement an accidental spill plan. The Water Quality Division will provide spill plan development guidelines. A copy of the plan must be forwarded to the Water Quality Division for approval.
5. The facility must maintain manifests detailing the types and amounts of chemicals stored within the building area and maintain manifest of their disposition to a state or federally approved disposal site.
6. It shall be unlawful for any person, owner, tenant or employee to commit such acts as listed below:
a. Discharge or deposit, upon any public or private property, any industrial, chemical, hazardous or other regulated waste.
b. Permit crankcase or radiator drainage, vehicle engine wash or other oils, greases, vehicle fuels or like material to be discharged or deposited to any area within the city.
7. The facility shall meet all requirements of the Auto Related Business Ordinance # 7408 Chapter 13 "Health & Sanitation" of the Code of Ordinances.
8. No parking or storing of vehicles shall be permitted on an unpaved surface.
9. Cross connection devices may be required under the provisions of City Code Chapter 13 Article X depending on how water will be used in the facility. Any cross connection devices that are required must be shown on all plan submittals to the Building Inspections Division. The owner shall be required to provide the make, model and location of the backflow preventer to be installed. Testing fees for backflow prevention devices must be paid prior to issuance of building permits.
10. The Environmental Services Department requires a sample point be installed on the sanitary sewer line. The location and a sample point detail must be shown on the building plans submitted for review with the application for a building permit. Structure and location should meet the requirements of the department.
11. All waste disposal services shall be contracted with Grand Prairie Disposal Company, J.C. Duncan. Commercial-type refuse containers (dumpster and masonry screening wall) shall be placed at a location arranged in advance with the city's contractor. If materials are to be recycled, they shall not be co-mingled with trash. All property owners or facility owners shall contact Grand Prairie Disposal Company. [city code 26-105(a)]. Mechanical garbage and trash compactors shall conform to city code sections 29-74 and 26-75. The general contractor shall be held responsible for ensuring compliance with these city codes.
12. No operations or activities may result in creation of a nuisance as defined in city code 29-68(12) to (29). Specifically, no building, road or construction activity may cause water to stand and result in mosquito harborage.
13. All noise created during the construction and subsequent operational activities conducted on the subject property must comply with City Code Chapter 13, Article XIII, Section's 13-275 to 13-286. Construction must be limited to daytime hours between six o'clock a.m. and ten o'clock p.m. when constructing a building with 300 feet of a residence.
14. Grease and sand traps from automotive centers, service centers and vehicle wash operations shall be connected to the sanitary sewer system [city code (26-41)].
15. All facilities must comply with current health and water quality standards before a certificate of occupancy can be issued.
15. All signage must meet the requirements of Article 9, "Sign Standards", of the Unified Development Code. An approved sign permit shall be required for the installation of all signage on the building and property.
16. No repair or installation work shall be done outside the building.
17. No salvaging of parts or components shall be permitted on the property.
18. Inside storage of tires cannot exceed 5 feet (5') in height and 400 square feet (400 SF) in area unless an approved fire suppression system is installed inside the building. Areas limits shall be painted on the floor and height marked on the wall for ease of inspection.
19. The applicant shall submit for a Certificate of Occupancy (CO) upon completion of all conditions. Land use descriptions shall be included in the CO.
20. No vehicle parking, standing or staging will be permitted in front of the garage bay
doors.
21. Major component replacement shall be allowed on an exchange basis only and shall be limited. No storage of engines or transmissions shall be permitted on site.
22. This site shall not be used for automotive rebuilding operations.
SECTION 3.
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 4.
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 5.
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 11TH DAY OF DECEMBER 2012.
ORDINANCE NO. 9470-2012
PLANNED DEVELOPMENT NO. PD-163B
CASE NO. Z121202