From
Chris Hartmann
Title
SU141001 - Specific Use Permit - Advance Auto (City Council District 5). Consider the request for approval of a Specific Use Permit for New Auto Parts Sales within a General Retail (GR) District. The site is located at 425 S. Belt Line Road. The agent is Samantha Igou, Arc Vision Inc. The applicant is Gregory Mulkey, Advance Auto Company Stores, Inc., and the owner is Victor Ballas. (On October 6, 2014, the Planning and Zoning Commission recommended approval of this request by a vote of 7-0.)
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
SUMMARY:
Consider the request for approval of a Specific Use Permit for New Auto Parts Sales within a General Retail (GR) District. The site is located at 425 S. Belt Line Road.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Land Use |
|
North |
2F, GR |
Vacant Lots, Two-Family Homes |
|
East |
MF-1 |
Avion Village |
|
West |
SF-4 |
Charley Taylor Park |
|
South |
MF-1 |
Apartments |
PURPOSE OF REQUEST:
The applicant is proposing to operate a New Auto Parts store, Advance Auto Parts, in an existing retail facility located at 425 S Belt Line Rd. Article 4, “Permissible Uses” of the Unified Development Code requires that a Specific Use Permit be granted in order to sell New Auto Parts within a General Retail (GR) district.
BACKGROUND:
August 19, 2014: The Planning staff processed an application for the approval of a Specific Use Permit for New Auto Parts Sales within a General Retail (GR) district.
September 25, 2014: 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 26, 2014: A legal notice was mailed to affected property owners and notice of the upcoming public hearing was published in the Fort Worth Star Telegram.
October 6, 2014: This item is scheduled to be heard by the Planning and Zoning Commission.
October 14, 2014: This item is scheduled to be heard by the City Council.
PROPOSED USE AND CHARACTERISTICS
Operations:
Advanced Auto Parts is a retail store selling new auto parts. They expect to have 3-5 full time employees and 3-6 part time employees working on a typical day. Their hours of operation are proposed to be Monday-Saturday from 7:30am to 9:00pm and Sunday from 9:00am to 8:00pm. Advance Auto Parts will typically see 150-260 customers per day. A full operation plan is attached to this report. Typical Daily activities will include tasks like the following:
-Auto Part Sales
-Storing used oil from customers; to be recycled
-Minimal replacement of auto parts such as wiper blades, batteries and light bulbs.
-Parts checking on items such as batteries and alternators
Parking and Access:
This is an existing strip mall type development. The overall building is 28,418sqft. Advance Auto will be occupying the southernmost suite, at 10,284sqft. The site currently has 3 driveway access points to the east from S. Belt Line Rd. and 3 access points to the north from E. Grand Prairie Rd.
The existing development is exceeding the retail parking requirements in the UDC. Advance Auto requires 35 parking spaces with 2 designated handicapped spaces. The overall site requires 103 spaces and is exceeding that requirement.
|
Standard |
Parking Rate |
Required |
Provided |
Meets |
|
Total Parking Spaces |
1/275sqft |
35 |
Access to 145 |
Yes |
|
Handicapped Spaces |
26-50 Spaces |
2 |
2 |
Yes |
Elevations and Masonry:
The applicant will be remodeling the lease space. All existing exterior brick will remain and repairs to any damage area will occur.
Dumpster:
An existing dumpster is located near on the south side of the property near west property line. This dumpster serves all the tenants of this site.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map (FLUM) of the 2010 Comprehensive Plan shows this area as appropriate for Mixed Uses. With a specific use permit for New Auto Part Sales, this development will be consistent with the FLUM.
REQUESTED APPEALS BY APPLICANT:
No appeals are being requested.
RECOMMENDATION:
The Development Review Committee recommends full approval of this site plan.
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 NEW AUTO PARTS SALES, TO WIT: BEING TRACT 10, 2.18 ACRES OF THE M L SWING ABSTRACT 1446 PG 150, 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 said site for a Specific Use Permit for New Auto Parts Sales within a General Retail (GR) District; and;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on August 4, 2014, 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 New Auto Parts Sales within a General Retail (GR) 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 7 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 New Auto Parts Sales within a General Retail (GR) 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 14, 2014 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 944 for the property location described as follows:
425 S. Belt Line Road, also being described as Tract 10, 2.18 Acres of the M L Swing Abstract 1446 PG 150, Dallas County, Texas and as shown on the approved site plan labeled as Exhibit A - Site Plan and Location Map, which are incorporated by reference.
SECTION 2: Definitions
New Auto Parts Sales: The sale of new auto parts, including rebuilt and/or refurbished parts but no used parts are sold.
SECTION 3: Specific Use Permit
FOR OPERATION OF A USED AUTO SALES BUSINESS WITHIN A COMMERCIAL (C) DISTRICT.
1. The development shall conform to the City Council approved Site Plan (Exhibit A - Site Plan),
2. As outlined within the Operational Plan contained within the Specific Use Permit Application File No. SU141001, 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 used for overflow parking;
B. All vehicle parking shall be parked on city approved surfaces;
C. There shall be no outside storage;
D. No vehicle repairs shall be conducted on-site. Minor component replacement, such as batteries, wipers and spark plugs, shall be permitted;
E. All operations shall maintain compliance with all federal, state, and local environmental regulations;
F. All operations shall maintain compliance with City Ordinance No. 7408 Automotive Related Business (ARB) regulations;
G. Must practice all best management practices listed in its storm water pollution prevention plan;
3. Future expansions to this facility will require the submittal of a revised site plan and floor 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 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 in a Commercial (C) District; 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 14th of OCtober, 2014.
ordinance no. 9786-2014
case no. su141001
specific use no. 944