From
Chris Hartmann
Title
SU151001/S151001 - Specific Use Permit/Site Plan - Auto Care Central (City Council District 2). Approval for Specific Use Permit to allow used auto sales. The site is about 1.3 acres and is zoned Planned Development 56 (PD-56). The property is generally located on the north side of Pioneer Pkwy., east of S Carrier Pkwy, and addressed as 520 W. Pioneer Pkwy. The agent is Rick Sala and the owner is Nader Farokhrouz, Scope Enterprises, Inc. DBA/Auto Care Central. On October 5, 2015, the Planning and Zoning Commission denied this request by a vote of 8-1).
This case is being appealed per Article 1 Section 1.11.5.9 of the Unified Development Code.
Presenter
Chief City Planner Jim Hinderaker
Recommended Actio
Denied
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 |
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: 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
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 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. A living screen, consistent with the site plan approved in 2009, must be extended along the west property line and parking areas. A detailed landscape plan must be submitted to the planning department and approved by the Chief City Planner or designee prior to the issuance of a building permit or certificate of occupancy. Landscaping must be installed prior to a certificate of occupancy being issued.
4. All conditions listed in SUP-829A, Ordinance 9181, will apply, excluding the prohibition of auto sales.
5. All business activities must take place onsite. Use of the rights-of-way shall be prohibited.
6. Must comply with the ARB ordinance.
7. Submit a schedule of maintenance activities for the detention basin and pump station. Must comply with maintenance activities, as approved by the city drainage engineer.
8. Any outstanding comments found in City Case File, #SU151001/S151001, must be addressed.
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 SPECIFIC USE PERMIT ADDING USED AUTO SALES AS AN ACCESSORY USE TO EXISTING SPECIFIC USE PERMIT NO. 829A (ORDINANCE NO. 9181-2011) THAT 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, 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 the herein described property 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, 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 the Specific Use Permit adding Used Auto Sales as an accessory to an Existing Specific Use Permit (Ordinance No. 9181-2011) for Minor Automotive Repair and a State Vehicle Inspection Station 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 1 to recommend denial to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to allow a Specific Use Permit adding Used Auto Sales as an accessory 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 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 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 829B for the property addressed as 520 W. Pioneer, Grand Prairie, Texas, and legally described as Lot 6R-A, Block 1 of the Sharpston Heights No. 1.
SECTION 2: Purpose
The purpose of this Ordinance is to add Used Auto Sales as an accessory use to the existing Specific Use Permit 829A (Ordinance No. 9181-2011), which authorized Minor Automotive Repair and a State Vehicle Inspection Station.
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” 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. 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. 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 13th of October, 2015.
ORDINANCE NO.
SPECIFIC USE PERMIT NO. 829B
CASE NO. SU151001/S151001