From
Chris Hartmann
Title
SU160503/S160504 - Specific Use Permit/Site Plan - Q Speed Wash (City Council District 4). Approve an SUP to allow for an automatic Car Wash Commercial/Detail facility with multiple outdoor self-service vacuum stations on 1.23 acres. The property is zoned PD-45 and lies within the I-20 Corridor Overlay District; and is generally located west of Great Southwest Parkway and 320 ' south of Bardin Road. The applicant is Viran Nana and the owner is Don Silverman, GSW Bardin LLC. (On July 11, 2016, the Planning and Zoning Commission recommended approval of this request by a vote of 6-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
SUMMARY:
Consider a request for the approval of a specific use permit for Full Service Commercial Car Wash uses within Planned Development-45 District (PD-45) and within I-20 Corridor Overlay District. The subject site is generally located west of South.Great Southwest Parkway and approximately 320 feet south of Bardin Road.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Land Use |
|
North |
Planned Development -45 |
Retail-New Aldi Grocery |
|
East |
Planned Development-33 |
Vacant-Commercial |
|
West |
Planned Development 140-B |
Stone Brook 1 Residential |
|
South |
Planned Development-50 |
Oak Hollow PH 1A Residential |
Direct access to the site is via a mutual access drive isle from S. Great Southwest Parkway. Secondary access to be constructed with this project shall be a mutual access easement located more to the western portion of the shopping center connecting new Aldi Grocery market with future commercial development to the south.
PURPOSE OF REQUEST:
The applicant is seeking specific use permit to develop and operate a full-service commercial carwash & detail facility. The property is zoned Planned Development-45 (PD-45) and was established in March 1980. Part of the original 980 acre planned development was set aside (Tract 7) for commercial development and requires compliance with standards and regulations per the UDC. Unified Development Code (UDC) defines a commercial car wash as an establishment/business for which the primary use is the washing of automobile vehicles. The code requires wash bays be covered to prevent storm water or surface runoff from entering the sanitary sewer system. Provide grease and sand traps to prevent contaminants from entering the system. Full service commercial car wash & detail facilities require the approval of a specific use permit in Commercial (C) zoning districts where they are permitted per Article 4, “Permissible Uses” of the Unified Development Code, Section 14. Also, all nonresidential development located within an Overlay District require site plan approval from the Planning and Zoning Commission and the City Council at a public hearing. The property is located in the Interstate 20 Overlay District (I.H. 20 Corridor Overlay District), which is considered an Overlay District. This application submittal is being made to conform to these requirements.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The applicant proposes to develop a vacant tract of land consisting of one (1) parcel totaling (1.32 acres) 57,500 square feet (178’ wide x 296’ deep). The applicant proposes to construct a 2,203 sq. ft. building, 6,590 square foot canopy and detail areas for a commercial, full-service car wash and automobile detail services. The property will be required to be plat into a single lot prior to development. The applicant has not submitted a plat application to date.
General Operations:
According to the Operational Plan and discussion with the applicant, car wash will be open Monday through Saturday from 7:00 AM to 8:00 PM, and 7:00 AM to 7:00 PM on Sundays. The facility will have between 10-18 employees with a minimum of 3-8 employees on-site at all times. The facility provides for three (3) automated pay stations for patrons prior to entering into the 3,557 square foot automated wash tunnel (131’ length). When patrons exit the tunnel, (22) twenty vacuum and detail areas are shown on the north side of the facility, orientated away from single family residential to the south. The facility provides for water reclamation & conservation system thru the use of (4) four underground tanks for recycle and reuse water storage system.
Facility:
The applicant is proposing to construct a 2,203 sq. ft. building, providing for a 3,557 sq. ft. automated wash tunnel, 1,258 sq. ft. equipment room, office and restroom areas. The facility is approximately 156’ linear feet. Two (2) sections of combination vacuum and details areas are located on the north side of the facility. Each covered detail area is approximately 2,000 sq. ft. and provides for 25 patrons including accessible spaces.
As shown on the proposed exterior elevations submitted; the design, materials, articulation and style meets and exceeds the Corridor standards and conforms to recently constructed Aldi Grocery Store immediately to the north.
The materials, overall consist of 63% brick, 21% complimentary split face block and 8% architectural metals. The maximum height will be 20’ to the roof with decorative awning along the top plate at approximately 10’.
The site nearly doubles the minimum 10% landscape required, providing for 12- minimum 3” caliper trees, 48-minimum 2” caliper trees along with 175-5 gallon shrubs and providing 8,175 sq. of permeable landscape area. An accessible dumpster pad and enclosure is being provided per city standards.
Concerns:
The proposed site is located immediately south of recently developed Aldi Grocery Store and both will share primary access via mutual driveway off Great Southwest Parkway. The property is also located 180’ north of Oak Hollow Phase 1A single family residential subdivision, and 780’ east of the Stone Brooke Phase 1A single family residential subdivision.
Certain uses can inherently raise concerns when real and/or perceived levels of commercial intensity and activity coincide with single family residential neighborhoods. This item poses such a case. Normally, full-service commercial car wash and similar uses are restricted/limited to within 300’ from residential uses due to the very nature of potential externalities. Those externalities include but not limited to:
• Noise
• Litter
• Traffic
• Loitering
• Vibration
• Odors
• Lighting
Any other potential spillover impacts from the abutting commercial uses. Section 13 of the adopted Code of Ordinance provides reasonable and common-sense approach regulations that offer some protection, form undesired nuisances. In fact, adopted Ordinance 6325 provides recommended separation standards 300’ as well as acceptable levels of sound levels.
In this particular case; Staff has determined that the separation from single family residential neighborhood to the immediate west and within the 300’ separation to the south is not acceptable and although the applicant’s strong efforts to mitigate these concerns are acknowledged. Due to the possible spillover effects/impacts from this proposed use and the vicinity to single family residential neighborhood; staff does not support the request.
Sound Study:
As required per Section 13 of the Code of Ordinance and in compliance with Ordinance 6325, and to assure certain developments and activities does not create a Noise Nuisance; the applicant commissioned a sound study. The City’s Environmental Services Department evaluated the sound study’s report and determined that based on the car wash’s normal business operations it would be in the acceptable range (40 dB(A)) from the hours of 6:00 AM to 10:00 PM. The unacceptable range during that time period is any consistent noise level over 65 dB (A) decibel level, measured from the business to closest residential property boundary.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The subject property is designated as appropriate for Commercial uses on the Future Land Use Map (FLUM). Commercial is defined as a use category that includes office, service and retail uses. Appropriate zoning categories include Office (O), Neighborhood Services (NS). General Retail (GR) and Commercial (C) zoning districts. The proposal is not inconsistent with the Comprehensive Plan.
However; Comprehensive Plan, Section 3, Sustainable Development addresses the desire and objective in providing compatible development patterns in particularly encouraging more traffic generating uses along principle arterials and away from established residential neighborhoods. (Objective 3, Policy 11).
APPLICABLE DEVELOPMENT STANDARDS:
Future development of the subject property shall be subject to all development standards of the Unified Development Code, Planned Development-45, and the Corridor Overlay Standards and other adopted regulations and policies.
REQUESTED APPEALS BY APPLICANT:
The applicant is requesting an appeal of the standard 300’ buffer of no-residential uses of intense nature within
RECOMMENDATION:
Due to the location of this request within the recommended 300-foot separation from single family residential neighborhood, staff cannot support this request as presented.
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 TO GRANT A SPECIFIC USE PERMIT FOR A FULL-SERVICE COMMERCIAL CAR WASH USE WITHIN PLANNED DEVELOPMENT 45 (PD-45) DISTRICT, TO WIT: BEING, 1.23 ACRE TRACT OF LAND OUT OF THE M. HUNT SURVEY, ABSTRACT NO. 1007, TARRANT COUNTY, TEXAS; SAID ZONING ORDINANCE AND MAP BEING NUMBERED ORDINANCE NUMBER 4779AND 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 to include a Specific Use Permit for an Full Service Commercial Car Wash in the Planned Development 45 (PD-45) District; and;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on July 11, 2016, 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 Specific Use Permit for an Full Service Commercial Car Wash in the Planned Development 45 (PD-45) 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 6 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to allow a Specific Use Permit for an Full Service Commercial Car Wash in the Planned Development 45 (PD-45) 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 August 2, 2016 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 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 1000 for the property located as shown in attached Exhibit E - Location Map and legally described as shown in attached Exhibit D - Legal Description.
SECTION 2. STANDARDS AND CONDITIONS
For operations of a Specific Use Permit for a Full Service Commercial Car Wash in the Planned Development 45 (PD-45) District, the following standards and conditions are hereby established as part of this ordinance:
1. The development shall maintain compliance 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.
2. Any zoning, land use requirements and restrictions not contained within this specific use permit ordinance shall conform to those requirements specified within Planned Development 45 (PD-45) and the Commercial (C) District as adopted and amended in the Unified Development Code (UDC). Where there is a conflict between the UDC and this ordinance, unless explicitly contained in this ordinance, the more restrictive shall prevail.
3. The development shall adhere to the City Council approved Exhibit A- Site Plan, Exhibit B - Elevations and Exhibit C- Landscape Plan.
4. All development and use of the site will be required to meet minimum performance standards relating to noise, glare, smoke or particulate matter, odorous matter and vibration as specified in the Unified Development Code.
5. Development must maintain compliance with City Ordinance # 6325 Sound & Noise regulations, as may be amended.
6. A six-foot tall (minimum) Type 1 Masonry Construction screening wall shall be constructed, prior to the issuance of a Certificate of Occupancy, on a portion of the southern boundary of the larger commercial development that contains the subject property and that is bounded on the north by Bardin Road, on the east by S. Great Southwest Parkway, on the west by the Stonebrook residential development and on the south by the Oak Hollow residential zoned development. The wall shall be constructed beginning at the southeast corner of the larger commercial development, as defined above, and running 295-feet along the southern boundary of the commercial tract and northern boundary of the abutting Oak Hollow residentially zoned subdivision. A development agreement shall be established between the owners of the larger commercial development to provide for the ownership and long term maintenance of the said screening wall. Said agreement shall be established prior to the issuance of a Certificate of Occupancy.
7. Cross connection devices may be required under the provisions of City Code Chapter 13 Article X depending on how water will be used in the facility. Any cross connection devices that are required must be shown on all plan submittals to building inspections. The make model and location of the backflow preventer to be installed must be provided. Testing fees for backflow prevention devices must be paid prior to issuance of building permits.
8. The Environmental Services Department requires a sample point be installed on the sanitary sewer line. The location and a sample point detail must be shown on the building plans submitted for review with the application for a building permit. Structure and location should meet the requirements of the Department.
9. All waste disposal services shall be contracted with Grand Prairie Disposal Company, J.C. Duncan. Commercial-type refuse containers (dumpsters and roll-offs) shall be placed at a location arranged in advance with the city’s contractor, Grand Prairie Disposal Company, J.C. Duncan. If materials are to be recycled, they shall not be co-mingled with trash. Mechanical garbage and trash compactors shall conform to city code sections 29-74 and 26-75. The general contractor shall be held responsible for ensuring compliance with these city codes.
10. No operations or activities shall result in creation of a nuisance as defined in city code 29-68(12) to (29). Specifically, no building, road or construction activity may cause water to stand and result in mosquito harborage.
11. All noise created during the construction and subsequent operational activities conducted on the subject property must comply with City Code Chapter 13, Article XIII, Section’s 13-275 to 13-286. Construction must be limited the daytime hours between six o’clock a.m. and ten o’clock p.m. when constructing a building with 300 feet of a residence.
12. Grease and sand traps from automotive centers, service centers, and vehicle wash operations shall be connected to the sanitary sewer system [city code 26-41)]
13. All facilities must comply with current health and water quality standards before a certificate of occupancy can be issued. These issues will be addressed during the building review process.
SECTION 3. COMPLIANCE
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 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 2nd of August, 2016.
ordinance no. 10112-2016
case no. su160503/s160504
specific use permit no. 1000