From
Chris Hartmann
Title
SU150502/S150504 - Specific Use Permit/Site Plan - 1519 E Main Street (City Council District 5). Approval of a specific use permit for used auto sales within a Light Industrial (LI) District and within Central Business District No. 3 (CBD 3) and to codify any non-conforming uses. The subject site is located at 1519 E. Main St. The agent is Alfonso Lopez and the owner is Ricardo Flores. (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:
The owner of 1519 E Main St currently operates a repair shop and would like to add used auto sales to as a permitted use on his certificate of occupancy. The Unified Development Code requires all used auto sales business to obtain a specific use permit.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Land Use |
|
North |
C |
ARB uses |
|
East |
LI, SUP 731 |
Used Auto Sales, ARB uses |
|
West |
LI |
ARB uses |
|
South |
LI |
ARB uses |
BACKGROUND:
February 16, 2010: City Council approved a specific use permit for used auto sales at 1519 E Main St.
March 20, 2012: City Council voted to approve ordinance 9350, revoking the specific use permit for used auto sales at 1519 E Main St, effective June 1, 2012.
March 17, 2015: Staff processed an application for a specific use permit for auto repair uses and auto sales.
April 17, 2015: The Development Review Committee (DRC) meeting was held. Staff met with the applicant to discuss the proposal. Staff determined the proposal was not ready to move forward and recommended that the item be tabled until ready.
September 14, 2015: The applicant resubmitted plans and documents for staff to review.
October 18, 2015: A legal notice of the upcoming public hearing was posted in the Fort Worth Star Telegram.
October 22, 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 to the Planning and Zoning Commission.
October 23, 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.
November 2, 2015: This item is scheduled to be heard by the Planning and Zoning Commission.
November 17, 2015: This item is scheduled to be heard by the City Council.
PROPOSED USE AND CHARACTERISTICS
Operations
1519 E Main St currently is being occupied by only the owner’s business, Flores Autos. The owner had tenants recently, but they have moved out. There are 3 major buildings onsite, the north building, 384sqft, will be used as the sales office. There are 2 large buildings, roughly 2500sqft each, towards the southern end of the property. The eastern building will be utilized for repair bays and the western building will be used for storage.
The owner will use the north parking area to display any vehicles for sale. The owner will continue to operate a customer based repair shop. Previous tenants had performed unauthorized major auto repairs. The owner is proposing general auto repairs, as defined by the UDC, be permitted. Auto body and paint uses will not be performed. Flores Autos will typically purchase vehicles from the auto auction and will perform any needed repairs onsite; however, any repairs involving auto body work or major engine repairs will not be performed and will be outsourced to off site facilities.
As of June 1, 2012, the only used permitted onsite are those that are allowed by right in a light industrial district within Central Business District 3.
The owner would like to lease bays for small repair shops, again, and understands that his ability to lease these spaces will be determined by the number of available parking spaces, onsite. The UDC requires each ARB business to have a minimum of 6 parking spaces, or 1 space per 400sqft (whichever is greater).
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 uses are required to have 1 designated customer parking space per 400sqft of the sales office building.
The total square-footage of all buildings onsite is about 5334sqft. This site requires a minimum of 14 parking spaces, 1 of which would be required to be designated as customer only, and 1 would be required to be a handicapped parking space.
The applicant has a total of 25 spaces available, which would allow up to 11 parking spaces that can be utilized as display spaces.
All drive aisles and parking areas will meet the minimum paving requirements of the UDC.
Dumpster Enclosure
A dumpster enclosure will be provided and must meet the minimum requirements of the UDC; a minimum 12ft x 12ft area enclosed by a solid, non-transparent, masonry wall, 6ft in height, with a screening gate that is concealed from public view from all areas of the public street right-of-way.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map (FLUM) of the 2010 Comprehensive Plan shows this area as appropriate for light industrial uses. This proposal is consistent with the FLUM.
APPEALS AND EXCEPTIONS:
No appeals or exceptions 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 before any building permit or certificate of occupancy can be released or approved.
2. The dumpster enclosure shall be constructed to the standards found in the Unified Development Code and must be installed before a certificate of occupancy can be issued.
3. Operations must conform to the approved site plan. All vehicles must be parked within a clearly marked parking space. No vehicles may be parked or stored in the fire lane.
4. The number of business shall be limited by the number of parking spaces available onsite, according to the approved site plan. Off street parking requirements shall meet the minimum standards of the Unified Development Code.
5. The sale of any part of the properties within the specific use boundaries, as shown in Exhibit B, resulting in any parking space reduction, shall cause this specific use permit to become void.
6. All business activities must take place onsite. Use of the rights-of-way shall be prohibited.
7. No repair work shall be performed outside.
8. No inoperable vehicles shall be stored outside.
9. No salvaging shall occur, onsite.
10. A ledger with vehicle information for all vehicles receiving service onsite shall be kept and available upon request for review by Police and Code Enforcement Officers.
11. Must comply with the Automotive Related Business Ordinance.
12. Any outstanding comments found in City Case File, #SU150502/S150504, 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 FOR A SPECIFIC USE PERMIT AUTHORIZING GENERAL AUTO REPAIR AND A USED CAR SALES LOT IN THE LIGHT INDUSTRIAL (LI) DISTRICT, TO WIT: BEING A 0.66 ACRE TRACT OF LAND OUT OF THE J.K. KIRK SURVEY, ABSTRACT NO. 726, 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, 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 for a Specific Use Permit Authorizing General Auto Repair and a Used Car Sales Lot in the Light Industrial (LI) 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 for a Specific Use Permit Authorizing General Auto Repair and a Used Car Sales Lot in the Light Industrial (LI) 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 include a Specific Use Permit Authorizing General Auto Repair and a Used Car Sales Lot 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 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 830B for the property location as shown in attached Exhibit B - Location Map as legally described as follows:
TRACT A
BEING a tract or parcel of land out of the J.W. Kirk Survey, Abstract No. 726, and being the same tract or parcel of land conveyed by Warranty Deed dated: February 4, 1997, from O.H. Hickman to F.R. Petty, and recorded in Volume 2782, Page 494, of the Deed Records of Dallas County, Texas, and being more particularly described by metes and bounds as follows;
BEGINNING at a 5/8 inch iron rod found for corner in the south line of East Main Street (U.S. Highway 180) (100 foot wide right of way), and being the northeast corner of Lot 10, Block C, San Benito Addition, an Addition to the City of Grand Prairie, according to the Plat or Map thereof recorded in Volume 4, Page 38, Map Records of Dallas County, Texas, from which a 1/2 inch iron rod found bears: S. 77°47'42" W., 1.16 feet;
THENCE N. 78°46'00" E., with the south line of said East Main Street for a distance of 99.86 feet to a "Pk" nail found in concrete pavement for corner;
THENCE S. 00°00'00" E., with a line that is N. 78°46'00" E., 99.86 feet of and parallel to the east line of said San Benito Addition, for a distance of 200.00 feet to a 5/8 inch iron rod found with cap marked "KSC 4019" in concrete for corner, from which the southwest corner of a masonry one story building, #1525 E. Main Street bears: North, 0.54 feet;
THENCE S. 78°46'00" W., with a line that is 200.00 feet south of and parallel to the south line of said East Main Street for a distance of 99.86 feet to a 1 inch iron rod found, in the east line of said San Benito Addition, from which a 1/2 inch iron rod found bears: N. 07°19'37" E., 1.21 feet;
THENCE N. 00°00'00" E., with the east line of said San Benito Addition, for a distance of 200.00 feet to the Point of Beginning and containing 19,589 square feet or 0.450 of an acre of land more or less.
TRACT B
BEING a tract or parcel of land in the J.W. Kirk Survey, Abstract No. 726, situated in the City of Grand Prairie, Dallas County, Texas and being the same tract of land described in the Deed from Greg D. Joyner to Juan Barbosa and recorded in Instrument No. 200503545417, of the Deed records of Dallas County, Texas and being more particularly described by metes and bounds as follows;
BEGINNING at a one inch diameter iron rod found at the southwest corner of a 0.450 acre tract of land conveyed to Ricardo Flores by Deed recorded in Volume 2003190, Page 6851, of the Deed Records of Dallas County, Texas and being S. 00°00'00" E., 200.00 feet from a 5/8 inch iron rod found at the northwest corner of said Flores Tract and in the south line of East Main Street (U.S. Hwy 180) (100 foot right-of-way) and said Point of Beginning being in the east line of Block C, San Benito Addition, an Addition to the City of Grand Prairie, according to the Plat thereof Recorded in Volume 4, Page 38, of the Deed Records of Dallas County, Texas;
THENCE North 78°46'00" East., with the north line of said Barbosa Tract and with the south line of said Ricardo Flores Tract, for a distance of 99.86 feet to a 5/8 inch iron rod found for the southeast corner of said Flores Tract;
THENCE North 78°46'00" East., with the north line of said Barbosa Tract and with the south line of a tract of land described in deed to Juan M. and Blanca E. Barbosa, recorded in Volume 2002160, Page
4883, of the Deed Records of Dallas County, Texas, for a distance of 99.16 feet to a point for corner, said point being located under an existing masonry building, and being in the west line of S.E. 16TH Street (variable width right-of-way);
THENCE South 00°06'28" East., with the east line of said Barbosa Tract and with the west line of said S.E. 16TH Street, for a distance of 50.00 feet to a 5/8 inch iron rod found for the southeast corner of said Barbosa Tract, and being the northeast corner of a tract of land described in deed to Edith Irene Main Joyner, recorded in volume 2001008, Page 2410, of the Deed Records of Dallas County, Texas;
THENCE South 78°45'48" West., with the south line of said Barbosa Tract and with the north line of said Edith Irene Main Joyner tract, for a distance of 135.62 feet to a point for corner;
THENCE North 85°31'45" West, generally with an old sheet metal fence, for a distance of 62.37 feet to a point for corner in the east line of said San Benito Addition;
THENCE North 00°10'31" West, with the west line of said Barbosa Tract and with the east line of said San Benito Addition for a distance of 32.79 feet to the Point of Beginning and containing 9,229 square feet or 0.212 of an acre of land more or less.
SECTION 2: PURPOSE AND INTENT
The purpose and intent of this ordinance is to codify the General Auto Repair uses that are currently taking place on the subject property and to also establish Use Car Lots Sales as an additional permitted use for the subject property, and further to 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 General Auto Repair and 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 Light Industrial (LI) 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 for approval before any building permit or certificate of occupancy can be released or approved.
b. The dumpster enclosure shall be constructed to the standards found in the Unified Development Code and must be installed before a certificate of occupancy can be issued.
c. Operations must conform to the approved site plan. All vehicles must be parked within a clearly marked parking space. No vehicles may be parked or stored in the fire lane.
d. The number of business shall be limited by the number of parking spaces available onsite, according to the approved site plan. Off street parking requirements shall meet the minimum standards of the Unified Development Code.
e. The sale of any part of the properties within boundaries of this specific use permit ordinance, as shown in Exhibit A -Site Plan, resulting in any parking space reduction, shall cause this specific use permit to become void.
f. All business activities must take place onsite. Use of the rights-of-way shall be prohibited.
g. No repair work shall be performed outside.
h. No inoperable vehicles shall be stored outside.
i. All salvaging is prohibited.
j. A ledger with vehicle information for all vehicles receiving service onsite shall be kept and made available upon request for review by Police and Code Enforcement Officers.
k. Must comply with the Automotive Related Business Ordinance.
l. Any outstanding comments found in City Case File No. SU150502/S150504, 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.
5. Any changes to the approved site plan must be resubmitted for review and approval. The Planning Director or designee shall determine if changes may be administratively approved or if they will require Council action.
SECTION 4: COMPLIANCE
All development must conform to the approved site plan and all exhibits incorporated herein, 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 two public hearings, one at six (6) months and another at one (1) year, following City Council approval of this Specific Use Permit to confirm continued 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. 9990-2015
Case No. SU150502/S150504
Specific Use Permit No. 830B