From
Chris Hartmann
Title
SU151005 - Specific Use Permit - 3318 E Jefferson Street (City Council District 5). Approval for a Specific Use Permit for used auto sales. The site is 0.34 acres and is zoned Light Industrial (LI) within Central Business District 4 (CBD 4). The property is addressed 3318 E. Jefferson St. The applicant is Juan Rodriguez, the architect is Joseph Wilkins, Design Alchemy LLC, and the owner is John Benda. (On October 5, 2015, 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:
The applicant is requesting permission to sell used automobiles onsite. A specific use permit is required in order to obtain a certificate of occupancy for used auto sales.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Land Use |
|
North |
LI, CBD 4 |
Light Industrial uses |
|
East |
LI, CBD 4 |
Automotive Related uses |
|
West |
LI, CBD 4 |
Light Industrial uses |
|
South |
HI |
Church |
BACKGROUND:
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: This item is scheduled to be heard by the Planning and Zoning Commission.
October 13, 2015: This item is scheduled to be heard by the City Council.
PROPOSED USE AND CHARACTERISTICS
Operations
3318 E Jefferson St is a0.64 acre site and the applicant is requesting approval of an SUP for used auto sales. The applicant is proposing to have the 10 display vehicle spaces. Vehicles are purchased and driven in individually. Any repair work will be performed off-site.
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 existing building is about 1300sqft, which would require 4 designated parking spaces. The applicant is proposal is consistent with the UDC minimum requirements for parking.
The applicant has existing driveway access points along E Jefferson St. The drive aisle directly adjacent to the building will only be 17ft wide, and will be required to be a one way drive aisle, as shown on the site plan.
Building Inspections has inspected the existing asphalt and has advised that the asphalt be replaced. The UDC requires all new paving to be concrete. Staff will be recommending that concrete be installed before a certificate of occupancy is issued.
Dumpster Enclosure
A dumpster enclosure will be provided and must meet the minimum requirements of the UDC; a minimum 12ft x 12ft area enclosed by a solid, non-transparent, masonry wall, 6ft in height, with a screening gate that is concealed from public view from all areas of the public street right-of-way.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map (FLUM) of the 2010 Comprehensive Plan shows this area as appropriate for light industrial uses. This proposal is consistent with the FLUM.
APPEALS AND EXCEPTIONS:
No appeals are being requested.
RECOMMENDATION:
The Development Review Committee recommends approval of the proposed site plan and specific use permit request with the following conditions:
1. Site plan mylars must be submitted for approval prior to any building permit or certificate of occupancy can be released or approved.
2. Operations must conform to the approved site plan.
3. Prior to the issuance of a certificate of occupancy, damaged asphalt must be replaced with concrete, as determined by the Chief Building Official.
4. Unless commercial bag service is approved, a dumpster enclosure meeting the minimum requirements of the UDC must be constructed.
5. All business activities must take place onsite. Use of the rights-of-way shall be prohibited.
6. No repair work shall be performed onsite.
7. Must comply with ARB ordinance.
8. Any outstanding comments found in City Case File, #SU151005, must be addressed.
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 USED AUTO SALES, TO WIT: BEING 0.34 ACRES OF THE WILLIAM C MAY ABRSTRACT, AND BEING FURTHER DESCRIBED HEREIN BELOW; 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 Used Auto Sales in a Light Industrial (LI) District; and;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on October 5, 2015, 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 Used Auto Sales in a Light Industrial (LI) 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 9 to 0 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 Used Auto Sales in a 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 October 13, 2015 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 977 for the property location described as follows:
3318 E. Jefferson Street, also being described in Exhibit B.
SECTION 3: Specific Use Permit
FOR OPERATION OF A USED AUTO SALES BUSINESS WITHIN LIGHT INDUSTRIAL (LI) DISTRICT.
1. All operations shall conform to the site plan package, attached hereto as Exhibit “A” and the Operational Plan as approved by City Council under case number SU151005.
2. As outlined within the Operational Plan contained within the Specific Use Permit Application File No. SU151005, 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 utilized for business activities. The use of car haulers, trailers, wreckers, or any like vehicles for the delivery of inventory shall be prohibited; and
b. No repairs shall occur onsite; and
c. No inoperable vehicles shall be stored on-site for the purposes of repair and/or resale; and
d. Paving shall be required to meet the current standards of the Unified Development code, before a certificate of occupancy can be issued; and
e. All operations shall maintain compliance with all federal, state, and local environmental regulations; and
f. All operations shall maintain compliance with City Ordinance No. 7408 Automotive Related Business (ARB) regulations; and
g. Must practice all best management practices listed in its storm water pollution prevention plan.
3. Site plan Mylars must be submitted for approval prior to any building permit or certificate of occupancy can be released or approved. Future expansions to this facility will require the submittal of a revised site plan for review and approval to the Planning Department.
4. Unless commercial bag service is approved, a dumpster enclosure meeting the minimum requirements of the UDC must be constructed.
5. No parking/storage of vehicles, storage of supplies/materials, or other use shall be established on the open area behind the primary building without prior City approval of said use and adherence to required development standards.
6. Any outstanding comments found in City Case File, #SU151005 must be addressed.
SECTION 4: 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 Used Auto Sales 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 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 13th of october, 2015.
ORDINANCE NO. 9955-2015
SPECIFIC USE PERMIT NO. 977
CASE NO. SU151005