From
Chris Hartmann
Title
SU030102B - Specific Use Permit Amendment - 1100 W Pioneer Pkwy (City Council District 2). Amendment to Specific Use Permit 726A and its corresponding site plan for Used Auto Sales. The property is 1.29 acres and is zoned Commercial (C) District with the S.H. 161 Corridor Overlay District. The property is addressed 1100 W Pioneer Pkwy, west of Robinson Rd. The agent is E.D. Hill and the owner is Heather and Ronnie Moreno. (On December 7, 2015, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
PURPOSE OF REQUEST:
Consider the request for an amendment to Specific Use Permit 726A and its corresponding site plan for Used Auto Sales. The property is 1.29 acres and is zoned Commercial (C) District with the S.H. 161 Corridor Overlay District. The property is addressed 1100 W Pioneer Pkwy, west of Robinson Rd.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Land Use |
|
North |
Commercial (C) |
Mini Storage |
|
East |
Commercial (C) |
Car Wash |
|
West |
Commercial (C) |
Mini Storage |
|
South |
Commercial (C) |
Gas Station |
BACKGROUND:
February 3, 1987: City Council approved SUP 440 for a commercial car wash.
February 4, 2003: City Council approved SUP 726 for used auto sales
September 24, 2015: The Development Review Committee administratively approved a replat of the Enterprise Commercial Park Addition.
October 13, 2015: Staff processed an application for an amendment to the specific use permit and site plan for 1100 W Pioneer Pkwy
November 19, 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.
November 20, 2015: 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.
December 7, 2015: This item is scheduled to be heard by the Planning and Zoning Commission.
December 15, 2015: This item is scheduled to be heard by the City Council.
PROPOSED USE AND CHARACTERISTICS
Operations
Lightning Auto will still continue to sell cars in the manner that has already been approved. The purpose of this request is to extend the SUP boundaries to include the 0.33 acres to the east of the original SUP. The owners have recently replatted the two properties into one lot. They will discontinue the existing commercial car was use, and use those facilities to perform their make ready services vehicles intended to be sold.
Building Elevations
No changes to the building materials are being proposed as part of this request. A portion of the car wash structure will be removed, in order to create a larger drive aisle to accommodate fire protection and 2-way traffic.
Parking and Access:
Access will be the same for customers. The business will use the existing access to Robinson to bring in new vehicles to be washed and prepped for sale.
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:
The applicant is asking for a reduction in the screening fence setback. The UDC requires a setback of at least 25ft for a screening fence. The applicant is requesting a reduction of 15ft to achieve a 10ft setback. The applicant has submitted a letter explaining the reason for this request. That letter has been included as an attachment to this report. The fence is proposed to be masonry with a wrought iron style gate.
RECOMMENDATION:
Staff cannot fully support the site plan due to the above mentioned appeal, but staff does support the SUP amendment request, extending the SUP boundaries, 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. Landscaping must be installed along Robinson Rd, between the new fence and the ROW.
4. All conditions listed in SUP-726A will apply.
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. Any outstanding comments found in City Case File, #SU12030102B must be addressed.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE ZONING ORDINANCE AND MAP SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY REPEALING ORDINANCE NO. 4104 AND CONSOLIDATING ORDINANCES NO. 6772 AND NO. 7739 TOGETHER WITH A SPECIFIC USE PERMIT EXPANDING A USED CAR SALES LOT IN A COMMERCIAL (C) DISTRICT , TO WIT: BEING A 1.29 ACRE TRACT OF LAND SITUATED IN BLOCK A OF THE ENTERPRISE COMMERCIAL PARK ADDITION, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, AND AS MORE PARTICULARLY DESCRIBED BELOW; SAID ZONING ORDINANCE AND MAP 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 3, 1987, the Grand Prairie City Council granted a specific use permit via SUP-440 and Ordinance No. 4104, as filed with the City Secretary and as contained in Zoning Case File No. SU870109, authorizing a Self-Service Car Wash on a portion of the property herein described below; and
WHEREAS, on February 4, 2003, the Grand Prairie City Council granted a specific use permit via SUP-726 and Ordinance No. 6772, as filed with the City Secretary and as contained in Zoning Case File No. SU030102, authorizing a Used Car Lot on a portion of the property herein described below with a condition that the specific use permit would lapse if not renewed in five (5) years; and
WHEREAS, on February 19, 2008, the Grand Prairie City Council granted a specific use permit via SUP-726A and Ordinance No. 7739, as filed with the City Secretary and as contained in Zoning Case File No. SU030102, formally renewing Ordinance No. 6772 authorizing the indefinite extension of a Used Car lot on a portion of the property herein described below; and
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 Repeal Ordinance No. 4104 and to Consolidate Ordinances No. 6772 and 7739 Together with a Specific Use Permit Expanding a Used Car Sales Lot in a Commercial (C) District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on December 7, 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 request to Repeal Ordinance No. 4104 and to Consolidate Ordinances No. 6772 and 7739 Together with a Specific Use Permit Expanding a Used Car Sales Lot in a Commercial (C) 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 8 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to Repeal Ordinance No. 4104 and to Consolidate Ordinances No. 6772 and 7739 Together with a Specific Use Permit to Expand a Used Car Sales Lot in a Commercial (C) 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 December 15, 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 1:
That Ordinance Number 4779, being the Zoning Ordinance and Map 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 986 for the property location as shown in attached Exhibit B - Location Map as legally described as follows:
Lot 4, Block A, Enterprise Commercial Park Addition together with the north 144 feet of Lot 5, Block A, Enterprise Commercial Park Addition, generally located at the northwest corner of State Highway 303 (Pioneer Parkway) and Robinson Road.
SECTION 2: PURPOSE AND INTENT
The purpose and intent of this Ordinance is formally repeal Ordinance 4104 and to consolidate Ordinances No. 6772 and No. 7739 together with a request expanding the Used Car Lot to include the self-service car wash property previously included in Ordinance 4104 and to further provide the appropriate restrictions and development controls that ensure this Specific Use Permit is compatible with the surrounding development and zoning and to also ensure that the development complies with the City’s Comprehensive Plan and Unified Development Code.
SECTION 3: STANDARDS AND CONDITIONS
For operation of a Used Car Lot in a Commercial (C) District, the following standards and conditions are hereby established as part of this ordinance:
1. The development shall maintain full adherence, unless herein modified, with all Federal, State and Local regulations; including, but not necessarily limited to, all applicable standards and regulations of the Grand Prairie Municipal Code and Unified Development Code (UDC).
2. Any land use or development standard, requirement or restriction not contained within this specific use permit ordinance shall conform to those requirements and/or standards contained within Commercial (C) District as applicable and as adopted and amended in the UDC. Where there is a conflict between the UDC and this ordinance, unless explicitly contained within this ordinance, the more restrictive will prevail.
3. The development shall adhere to the following specific standards:
a. Site Plan Mylars must be submitted to Planning and Development for final review and approval before any building permit or certificate of occupancy may be released or approved.
b. Landscaping must be installed along Robinson Rd, between the new fence and the ROW.
c. All business activities must take place onsite. Use of the rights-of-way shall be prohibited.
d. Must comply with the ARB ordinance.
e. Any outstanding comments found in City Case File, #SU12030102B, not in conflict with this ordinance, shall be addressed prior to the sign-off of the site plan mylars and the issuance of a certificate of occupancy.
4. The development shall adhere to the City Council approved Exhibit A - Site Plan, which include the following exception (appeal) to the above noted standards:
a. Setback of Screening Fence along Robinson Road: The requirement to provide a minimum setback 25-foot setback from Robinson Road is hereby reduced to 10-feet.
5. The development shall continue to adhere to the original conditions of approval as codified in Ordinance 6772 AND Ordinance 7739 as restated below.
a. Site plan to indicate approved fire land to rear of site, striping for parking areas.
b. Transportations revisions for drive throat and 35ft. radii.
c. Landscape plan for all landscaping to include planters.
d. Engineering plans for sanitary sewer connection.
e. Building elevations to document 100 percent masonry requirement.
6. Any changes to the approved site plan must be resubmitted for review and approval. Planning Director or designee shall determine if changes may be administratively approved or require Council action.
SECTION 4: COMPLIANCE
All development must conform to the approved site plan and all exhibits incorporated as exhibits to this ordinance, as well as those incorporated herein by reference.
1. By this Ordinance, this Specific Use Permit shall automatically terminate in accordance with Section 5.4.1 of the Unified Development Code if a Certificate of Occupancy is not issued for said use within one (1) year after City Council adoption of this Ordinance, or 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. 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.
4. 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.
5. The Certificate of Occupancy shall note the existence of this Specific Use Permit by its 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 ON THIS THE 15TH DAY OF DECEMBER 2015.
Ordinance No. 9989-2015
Case No. SU030102B
Specific Use Permit No. 986