From
Chris Hartmann
Title
SU150401A/S150401A - Specific Use Permit/Site Plan Renewal - 2755 E Main St (City Council District 5). Renewal of a Specific Use Permit for Used Auto Sales, Villa Real Motors, and a Site Plan to develop 0.5 acres of non-residential property. The subject site is address as 2755 E Main St., generally located on the south side of E Main St. and east of SE 27th St., and is zoned Light Industrial (LI) District within Central Business District 4 (CBD 4). (On June 6, 2016, the Planning and Zoning Commission recommended approval to renew this SUP by a vote of 9-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
PURPOSE OF REQUEST:
Request for approval of one (1) year renewal of a Specifc Use Permit used auto sales. The subject site is located within Central Business District 4 (CBD 4) which requires the approval of a site plan by City Council. All used auto sale uses require the approval of a specific use permit in order to operate. The applicant is seeking approval of a specific use permit and site plan in order to comply with the requirements of the Unified Development Code (UDC).
ADJACENT LAND USES AND ACCESS:
North - Immediately to the north of this property is East Main Street (US 180) classified on the Master Transportation Plan as a principal seven lane undivided roadway, (P7U), properties across Main Street are zoned Commercial (C).
South- Property is zoned Light Industrial (LI) and is occupied by various automotive service uses.
East- Property is zoned Light Industrial (LI) and is occupied by various automotive service uses.
West- Property is zoned Light Industrial (LI) and is occupied by Sun Coast Resources
BACKGROUND:
November 6, 2007: City Council approved Appendix R, “Central Business Districts”, of the Unified Development Code.
October 6, 2014: A replat to Lawler Motor Sports Addition Block 2 was approved by the Planning Commission, creating Lots 2A-1 and 2A-2.
February 17, 2015: The Planning staff processed an application for the approval of a Specific Use Permit for Used Auto Sales.
March 26, 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.
March 27, 2015: A legal notice was mailed to affected property owners and notice of the upcoming public hearing was published in the Fort Worth Star Telegram.
April 6, 2015: This item is scheduled to be heard by the Planning and Zoning Commission.
April 21, 2015: This item is scheduled to be heard by the City Council.
PROPOSED USE AND CHARACTERISTICS
Operations
The applicant is proposing to develop a 0.5 acre tract of land, constructing a 2,940sqft used auto sales office, with bays for make ready services.
The proposed site plan will include up to 27 display parking spaces for their used auto inventory. Inventory vehicles are bought locally and will be driven to the site. The applicant will not be utilizing large car haulers or delivery trucks.
The primary structure will have 2 vehicle bays that can be used for make ready services. The applicant is selling fully functional cars and will not be doing any repairs, other than those authorized and defined as make ready services by the Unified Development Code.
Villa Real Motors will be open from 9:30am to 6:30pm Monday through Saturday and will have 2 employees.
Dimensional and Developmental Requirements
The submitted site plan shows compliance with all the dimensional requirements of the UDC for development within a Light Industrial (LI) district. The following table is an analysis showing conformance with the UDC requirements.
|
Light Industrial District (LI) |
|
Standard |
Required |
Provided |
Meets |
|
Minimum Site Area |
15,000sqft |
21,750sqft (0.5 acres) |
Yes |
|
Minimum Lot Width |
100ft |
101ft |
Yes |
|
Minimum Lot Depth |
150ft |
222 |
Yes |
|
Front Yard |
25ft |
162ft |
Yes |
|
Side Yard |
10ft |
10ft |
Yes |
|
Floor Area Ratio |
0.5:1 |
0.13:1 |
Yes |
|
Maximum Height |
25ft |
16ft |
Yes |
The Unified Development Code requires paving standards that the current asphalt on the property does not meet. Because this is existing asphalt, staff does not object to its continued use, however any replacement or major repairs to the drive and parking areas will need to meet current city standards.
Parking and Access:
The applicant’s property has access from E Main St and will have a 130ft long, 24ft wide fire lane extending towards the primary structure. The west and north property lines have an existing wrought iron style fence. The north fence line has a 25ft rolling gate.
The proposed development will meet the parking requirements in the UDC. The table below provides an analysis of the parking requirements for vehicles sales. The required parking was calculated using the entire primary structure’s footprint, however, this number may be reduced based on the actual square-footage of the office areas, and excluding the make ready service bays. This may allow additional display spaces and reduce the number of required parking spaces.
|
Standard |
Parking Rate |
Required |
Total Provided |
Meets |
|
Auto Sales |
1/400sqft |
8 |
8 |
Yes |
|
Handicapped Spaces |
1-25 Spaces |
1 |
1 |
Yes |
Landscape and Screening:
The applicant is required to have 4% of the property, 870sqft landscaped. Of the required 870sqft, 75%, or 653sqft, must be located within the front yard setback. For planting materials, the applicant is required to have 2 street trees and 18 shrubs.
The applicant’s request does not comply with the minimum requirements of the UDC, as the applicant is proposing to not install on-site landscaping. The applicant has submitted a statement, requesting an appeal to the landscape ordinance. The applicant’s request has been attached to this report.
The applicant will, if needed, install landscaping along the right-of-way, subject to the approval of Ron McCuller, Director of Public Works.
Elevations and Masonry:
UDC requires all non-residential structures in Light Industrial districts, excluding doors and windows, to be constructed of 85% masonry. The proposed development exceeds the minimum masonry requirements.
|
Elevation Materials |
|
|
North |
East |
South |
West |
Total % |
|
Masonry (Brick and/or stone) |
100% |
100% |
100% |
100% |
100% |
|
Total(1) |
100% |
100% |
100% |
100% |
100% |
(1) - Excluding Doors/Windows.
Dumpster:
The applicant’s site includes a dumpster enclosure which meets the minimum requirements of the Unified Development Code, as depicted on the submitted site plan.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map (FLUM) of the 2010 Comprehensive Plan shows this area as appropriate for Light Industrial uses. With a specific use permit for used auto sales, this development will be consistent with the FLUM.
REQUESTED APPEALS BY APPLICANT:
The applicant is requesting an appeal to the landscape ordinance. Staff has attached an appeal request letter, submitted by the applicant, to this report.
The applicant contends that properties surrounding this site all lack on-site landscaping. They would like to match what other businesses have done, and are willing to place landscaping, if need, in the right-of-way along E Main St. Any landscaping in the right-of-way would need to be approved by the Director of Public Works.
RENEWAL INSPECTION STATUS:
This property is still under construction.
RECOMMENDATION:
Staff recommends a one (1) year renewal of Ordinance No. 9850-2015.
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 A ONE (1) YEAR RENEWAL OF A SPECIFIC USE PERMIT FOR USED AUTO SALES, TO WIT: BEING LOT 2A-2, BLOCK 2, LAWLER MOTOR SPORTS ADDITION, 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 February 17, 2015, the Grand Prairie City Council approved, via Ordinance No. 9850-2015 (Planning Case File No. SU150401/S150401), a request for a Specific Use Permit for Used Auto Sales in the Light Industrial (LI) District; and
WHEREAS, said Ordinance required a one (1) year review of the existing Specific Use Permit for Used Auto Sales in the Light Industrial (LI) District via a public hearing process to verify compliance with the approved development standards and all applicable codes; and
WHEREAS, staff has verified that the subject property is still under construction, and
WHEREAS, staff recommends a one (1) year renewal of said existing Specific Use Permit for Used Auto Sales in the Light Industrial (LI) District, and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on June 6, 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 existing Specific Use Permit for Used Auto Sales in the Light Industrial (LI) District, 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 existing Specific Use Permit for Used Auto Sales in the 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 June 21, 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 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 952A for the property located as shown in Exhibit B - Location Map and as described as follows:
2755 E. Main Street, also being described as being Lot 2A-2 Block 2, Lawler Motor Sports Addition, Dallas County, Texas.
SECTION 2: Definitions
Make Ready Service: Means a repair or service procedure necessary to prepare a used vehicle for sale, which may include, but not be limited to, the replacement of wipers, headlights, light bulbs, clear water rinse, detailing, or tire inflation or repair.
Used Auto Sales: The sale of used automotive vehicles, such as cars, pick-up trucks, vans, and sport utility vehicles, etc. Acceptable accessory uses would include Make Ready Service.
SECTION 3: Specific Use Permit
FOR OPERATION OF A USED AUTO SALES BUSINESS WITHIN LIGHT INDUSTRIAL (LI) DISTRICT.
1. The development shall conform to the City Council approved Exhibit A -Site Plan and Building Elevations;
2. As outlined within the Operational Plan contained within the Specific Use Permit Application File No. SU150401/S150401, 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;
B. The use of car haulers, trailers, wreckers, or any like vehicles for the delivery of inventory shall be prohibited;
C. Make Ready Services shall be conducted indoors;
D. There shall be no outside storage;
E. No inoperable vehicles shall be stored on-site for the purposes of repair and/or resale;
F. Any major repair to or replacement of paving shall be required to meet the current standards of the Unified Development code, as amended;
G. Any landscaping in the right-of-way shall be approved by the Public Works Director;
H. The required parking for the auto sales shall be calculated by 1/400sqft of office space of the primary structure. Future changes or additions to the use of the property, or the construction of additional structures, will require parking as stipulated in the Unified Development Code, as amended, for each use;
I. All operations shall maintain compliance with all federal, state, and local environmental regulations;
J. All operations shall maintain compliance with City Ordinance No. 7408 Automotive Related Business (ARB) regulations;
K. Must practice all best management practices listed in its storm water pollution prevention plan; and
3. Future expansions to this facility will require the submittal of a revised site plan for review and approval to the Planning Department.
SECTION 4: Compliance
All development must conform to the approved Development Plans, which are herein incorporated by reference.
1. By this Ordinance, this Specific Use Permit for Used Auto Sales in the Light Industrial (LI) District shall automatically terminate, in accordance with Section 5.4.1 of the Unified Development Code, upon cessation of said use for a period of six (6) months or more.
2. Furthermore, by this Ordinance, the City Council shall conduct a public hearing one (1) year after City Council approval of this Specific Use Permit to confirm compliance with all applicable codes which shall include, but not be limited to, the requirements of this 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 Specific Use Permit 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 21st DAY of JUNE, 2016.
Ordinance nO. 10074-2016
specific use permit no. 952A
case no. su150401/s150401