From
Chris Hartmann
Title
SU161001 - Specific Use Permit - Ron Wright and Associates (City Council District 5). A request for a Specific Use Permit to operate a Bail Bond use in a existing office lease space located at 2502 E. Main Street. The property is within a 6,480 square foot office building on one lot generally located at the northeast corner of E. Main Street and N.E. 25th Street, more specifically 2502 E. Main Street. The property is currently zoned Planned Development (PD-237) District, generally allows for Heavy & Light Industrial uses. The property is within the Central Business District Corridor (CBD), Section No. 4. The applicant is Ronald Wright and the owner is Howard Perry, Perry & Associates Inc. (On October 3, 2016, the Planning and Zoning Commission recommended approval of this request by a vote of 7-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Denial
Analysis
SUMMARY:
Consider approval of a Specific Use Permit for operation of a Bail Bond business within an existing professional office building. The subject site is located at 2502 E. Main St. The 1.74 acre property is zoned Planned Development 237 (PD-237) and is located within the Central Business District Corridor, Section No. 4 (CBD-4). This property is generally located northeast of E. Main St. and S.E. 25th St.
PD-237 was established to generally accommodate Light Industrial uses. Bail Bond use require Specific Use Permit within the PD-237 District as well as the CBD-4 Corridor Overlay District.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Land Use |
|
North |
Commercial w/in CBD-Section 4 |
Commercial/Auto-Related Uses |
|
East |
Planned Development-237 District |
Auto Sales Related Uses |
|
West |
Planned Development -237 District |
Vacant-Open Space Public |
|
South |
Planned Development-237 District |
Auto Sales Related Uses |
PURPOSE OF REQUEST:
The applicant is seeking City Council approval of specific use permit to operate a Bail Bond business within a 368 square foot lease space within an existing office building located at 2502 E. Main Street. Bail Bonding is restricted to the Heavy Commercial (HC), Light Industrial (LI) and Heavy Industrial (HI) Districts with an approved Specific Use Permit allowing for City Council to provide final oversight as to the appropriateness of the use at certain locations.
CHARACTERISTICS AND FUNCTION:
Use:
According to Ron Wright, the applicant, he has been doing business at various locations since 1972 under the business name Ron Wright and Associates and Ron Wright Bail Bonds. Mr. Wright is now seeking to set up a new office here in Grand Prairie. The applicant intends to conduct various professional legal-related services from the new office. According to the applicant’s Operational Plan, the 372-sq. ft. office space will be used for court reporting, process service, private investigations, claims adjusting and bail bonds. Bail Bonding, as defined by the Texas Code of Criminal Procedure, Chapter 17 is “….the written undertaking entered into by the defendant and the defendant’s sureties for the appearance of the principal therein before a court or magistrate to answer a criminal accusation…”
Our society’s criminal justice system provides for those accused of crime and arrested the opportunity to post a surety bond, subject to a judge setting said surety, and allowing for release of the accused from the custody of a jurisdiction. The bond is intended to assure the accused returns to said court on date set by the court or forfeiture of that bond shall occur if the accused fails to appear. Bail Bonding companies provides that surety & risk to those accused who are unable to raise bond set by the judge in providing a bail for accused release for a fee.
Current processes and procedures allow for many elements of the bail bonding business be done electronically, often utilizing credit cards and other forms of digital currency. In Texas, and more specifically Dallas County, to operate a bail bonding business you must be licensed by the State and must further comply with the minimum eligibility criteria: including experience, financial requirements and other minimum standards adopted by the local county’s board (Dallas County Bail Bond Board) and sheriff departments.
Site Issues/Parking:
The property may be accessed via two (2) driveways located on E. Jefferson. The parking lot is paved and striped for passenger vehicle parking. The property has adequate parking to accommodate the proposed use. As this is an existing building and developed property, no building or site changes are proposed.
Employees and Hours of Operation:
According to the applicant the business currently has five (5) employees, but he is hopeful that the number of employees will grow. Hours of operation are from 8:30 AM to 5:30 PM Monday through Friday. While the business continues to operate after hours and on week-ends,most of the work is done off site.
Staff Concerns:
The subject property is located within Central Business District No. 4 (CBD 4). This district is intended to accommodate many of the city’s industrial automotive uses. It is also the southwest regional center for auto salvage activities of major insurance companies. While this area permits a number of industrial related uses within its boundaries, CBD 4 also prohibits a range of land uses; including among other uses: drug/alcoholic rehabilitation centers and pawn shops. These uses have been deemed inappropriate and incompatible with the goals of the Central Business District, especially along our major corridors, which have been established to enhance and facilitate improvements and redevelopment of Main Street and Jefferson Street. Staff suggests that the proposed Bail Bond business falls into this same category.
According to the Grand Prairie Police Department, the proposed bail bond facility, which will service greater Dallas County, will inevitably bring people accused of crimes into our community that may not have otherwise come to Grand Prairie. Currently, there is an existing bail bonds business located at 1601 W. Jefferson Street (Metroplex Bail Bonds) that has been serving the area since the Mid-1980s. Allowing for an additional bail bonds business in the Central Business District is inconsistent with attracting the anticipated land uses for the entire Central Business District corridor. Furthermore, 2505 E. Main, the prospective site serves as a key entry-point into the city from the east and therefore could pose adverse perception of Grand Prairie’s desired goals.
While staff finds many of the elements of the existing site as appropriate for the proposed use, such as: 1) being located in an industrial zoning district; 2) being surrounding by land zoned for Light Industrial (LI) District uses; 3) being surrounded by existing land uses that are primarily Auto Related Businesses, trucking businesses, and other industrial related uses; and 4) that fact that there are no residential zoning or residential uses in close proximity to this property, staff suggests that this use should not be located along either of the Central Business District’s two major corridors as the use is likely to pose an adverse effect to the desired goals of the City. It may also limit the interest of property owners that would like to invest and/or redevelop their property in the Central Business District due to the negative perception that these types of business often generate. Staff is therefore not supportive of this request based on inconsistency with the City’s adopted plans.
RECOMMENDATION:
The Development Review Committee recommends denial of this request.
UPDATE:
On October 3, 2016, the Planning and Zoning Commission unanimously (7-0) recommended approval of the specific use permit to operate a bail bond business with the condition that any signage posted for the business not include the term "bail bond".
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 FOR A SPECIFIC USE PERMIT FOR A BAIL BONDS USE WITHIN PLANNED DEVELOPMENT DISTRICT NO. 237 (PD-237), TO WIT: BEING WITHIN A SINGLE TENANT SUITE OF MULTI-TENANT BUILDING SITUATED ON A 1.74-ACRE TRACT OF LAND, LEGALLY DESCRIBED AS LOTS 1 & 3, BLOCK 1, WESTOVER PLACE ADDITION, IN THE CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, AND ADDRESSED AS SUITE NO. 201, 2502 E. MAIN STREET; 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 so as to amend the zoning designation of said site to include a Specific Use Permit for a Bail Bonds use in PD-237 District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on October 3, 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 a bail bonds use in PD-237 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 to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to allow a Specific Use Permit for a bail bonds use in PD-237 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 11, 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 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..."
passed and approved October 11, 2016, as amended, is hereby further amended so as to establish a Specific Use Permit numbered 1008 for the property legally described as Lots 1 & 3, Block 1, of the Westover Place Addition and as shown in Exhibit A - Location Map.
SECTION 2. STANDARDS AND CONDITIONS
For the operations of a Specific Use Permit for a Bail Bond business within Planned Development 237 (PD-237) 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 in 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 B- Site Plan Package and Exhibit C - Operational Plan.
4. No On-Premise signage shall include the term "bail bond' or other similar wording.
SECTION 3. COMPLIANCE
All development must conform to the approved Site Plan labeled as Exhibit A - Site Plan Package, herein incorporated.
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 11th DAY of OCTOBER, 2016.
Ordinance No. 10168-2016
Specific Use Permit No. 1008
Case No. SU161001