From
Chris Hartmann
Title
Z190203 - Zoning Change - 2579 W. Jefferson Street, Used Auto Sales (City Council District 1). A request for a Zoning Change from CO, Commercial Office District to a PD, Planned Development with an underlying zoning of C, Commercial District in order to operate a Used Car Dealership on a 0.358 acre tract of land. 0.358 acres out of Tapley Holland Survey, Abstract No. 750, City of Grand Prairie, Tarrant County, Texas, zoned CO, Commercial District and located at the address 2579 W. Jefferson Street. The is Patrick Lawler, Lawler Enterprises LLC. (On February 4, 2019, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0).
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
Consideration of a request for a Zoning Change from CO, Commercial District to a PD, Planned Development with an underlying zoning of C, Commercial for DFW CARS to operate a Used Car Dealership on a 0.358 acre tract of land. The property is addressed 2579 W. Jefferson Street. There is an existing 3,100-sf building on the property, and the site is built-out.
HISTORY:
The original DFW CARS is located at the address 8315 C F Hawn Fwy in Dallas, Texas. The used car dealership has been in operation since 2012.
ADJACENT LAND USES AND ACCESS:
The following table summarizes the zoning designation and existing use for the surrounding properties.
|
Table 1: Adjacent Zoning and Land Uses |
|
Direction |
Zoning |
Existing Use |
|
North |
C, Commercial District |
Gas Station |
|
East |
CO, Commercial District |
Welding Supply Shop |
|
South |
PD-371 |
Undeveloped |
|
West |
GR, General Retail District |
Restaurant |
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The applicant is proposing a Used Car Dealership. The site can be accessed from W. Jefferson Street. Inoperable vehicles will not be allowed at any point on the property.
CONFORMANCE WITH THE COMPREHENSIVE PLAN:
The 2018 Comprehensive Plan’s Future Land Use Map (FLUM) designates the rezoning area as Commercial/Retail/Office. The proposed zoning change fits with the character of the area and is compatable with the FLUM.
RECOMMENDATION:
The Development Review Committee recommends approval of the requested Zoning Change.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY TO ALLOW A ZONING CHANGE FROM CO, COMMERCIAL DISTRICT TO A PD, PLANNED DEVELOPMENT IN ORDER TO OPERATE A USED CAR DEALER (NON-FRANCHISE) WITH UNDERLYING COMMERCIAL (C) USES ON 0.358 ACRES OUT OF TAPLEY HOLLAND SURVEY, ABSTRACT NO. 750, CITY OF GRAND PRAIRIE, TARRANT 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 said site for a Zoning Change for Used Car Dealer (Non-Franchise) in a Planned Development (PD) District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on February 4, 2019, 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 a Zoning Change for Used Auto Sales in a Planned Development (PD) 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 for a Zoning Change for Used Car Dealer (Non-Franchise) in a Planned Development (PD) 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 P.M. on February 19, 2019 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 Zoning Change 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 1.
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 Planned Development for the property location described for property described in Exhibit A - Boundary Description and Exhibit B - Parking Plan, which are incorporated herein by reference.
SECTION 2: Planned Development Standards
THAT, FOR OPERATION OF A USED CAR DEALER (NON-FRANCHISE) WITHIN A PLANNED DEVELOPMENT (PD) DISTRICT WITH AN UNDERLYING ZONING OF C, COMMERCIAL DISTRICT.
1. The City of Grand Prairie reserves the right to require supporting materials before issuing a Certificate of Occupancy including, but not limited to, a Site Plan specific to the operator and an operational plan.
2. The development shall conform to the City Council approved Site Plan (Exhibit B - Parking Plan), with the following provisions:
A. No double-stacking of parking vehicle inventory.
B. Designate parking inventory from customer & employee parking.
3. Codified herein, the development shall adhere to the following operational standards:
A. All development shall conform to the dimensional and development standards of the C, Commercial District of the Unified Development Code, as may be amended.
B. All operations shall be conducted entirely on-site. The public right-of-way shall not be utilized for business activities, including loading or unloading of vehicles.
C. No paint and body work on-site.
D. No auto repair on-site.
E. No inoperable vehicles shall be stored on-site for the purposes of repair and/or resale; and
F. Future changes or additions to the use of the property, or the construction of additional structures, may require additional parking as stipulated in the Unified Development Code, as amended, for each particular use; and
G. The property shall accommodate only one tenant at a time with no subleasing of building space or parking spaces to any tenant other than the business holding the Certificate of Occupancy; and
H. All operations shall maintain compliance with all federal, state, and local environmental regulations; and
I. All operations shall maintain compliance with City Ordinance No. 7408 Automotive Related Business (ARB) regulations; and
J. Shall adhere to all best management practices listed within its storm water pollution prevention plan; and
4. All other uses and construction on the property shall be regulated as set forth in the Unified Development Code for development within the C, Commercial district.
SECTION 4: Compliance & Development Standards
THAT, all development must conform to the approved Site Plan, which are herein incorporated by reference.
1. The operation of this site shall be in strict compliance with the requirements of this PD 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.
2. 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 within this ordinance, 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.
3. If the City finds that violation of the standards and requirements listed in Section 2 have occurred while the property is operated as a Non-Franchised Used Auto Dealer with a valid Certificate of Occupancy, the City may initiate proceedings to revoke the Certificate of Occupancy for a Non-Franchised Used Auto Dealer. Any appeal to the decision of the City may be heard by City Council and Council in its discretion may reverse the decision of the City, impose conditions upon the property owner or business operator, or revoke the occupancy for reasons of non-compliance.
4. The Certificate of Occupancy shall note the existence of this Planned Development by its PD 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 19th of february, 2019.
ORDINANCE NO. 10595-2019
PLANNED DEVELOPMENT NO. 387
ZONING CASE NO. Z190203