From
Chris Hartmann
Title
SU141003/S141002 - Specific Use Permit/Site Plan - Delgado Auto Sales (City Council District 5). Consider a request for the approval of a Specific Use Permit for Used Car Sales within a Commercial (C) District and a Site Plan for the development of a 0.5 acre lot within the Central Business District Overlay; District No. 4. The property is located at the northeast corner of NE. 29th St. and E. Main St. The agent is Wilkins, Design Alchemy LLC and the owner is Mario Delgado. (On October 6, 2014, 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 Used Auto Sales within a Commercial (C) District and a Site Plan for the development of a 0.5 acre lot within the Central Business District Overlay; District No. 4. The property is located at the northeast corner of NE. 29th St. and E. Main St.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Land Use |
|
North |
Commercial, CBD 4 |
Unoccupied duplex-residential |
|
East |
Commercial, CBD 4 |
Auto Body Shop |
|
West |
Commercial, CBD 4 |
Used Auto Sales |
|
South |
Light Industrial, CBD 4 |
Distribution Center of Modular Classroom Buildings |
PURPOSE OF REQUEST:
The applicant is proposing to develop this lot for the purposes of operating a used car lot. Pursuant to Article 4, “Permissible Uses,” of the Unified Development Code (UDC), a Specific Use Permit is required in order to operate a Used Auto Sales business. Site Plan approval is required in order to develop any lot within a “Special District,” as defined by Article 7 of the UDC.
BACKGROUND:
November 6, 2007: City Council approved Appendix R, “Central Business Districts”, of the Unified Development Code.
July 24, 2014: A replat to Burbank Garden Addition was administratively approved by the planning department.
August 19, 2014: The Planning staff processed an application for the approval of a Specific Use Permit for Used Car Sales.
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:
This site is currently vacant. The applicant is proposing to develop this property for the use of Used Auto Sales within a Commercial (C) District. The applicant is proposing to have anywhere between 35 to 38 vehicles on display for sale. Ancillary to the primary use, the applicant will also be performing “Make Ready” services, as defined by the UDC, on vehicles to prepare them for sale. Article 30 of the UDC defines “Make Ready Service” as a repair or service procedure necessary to prepare a used vehicle for sale, which may include, but not be limited to, the replacement of wipers, headlights, light bulbs, clear water rinse, detailing, or tire inflation or repair.
The applicant will not be using large truck to load or unload vehicles. All vehicles will be driven on-site individually by an employee of the business.
The applicant is planning the hours and operation of the business to be Monday-Saturday from 9:00am to 6:30pm, employing 4-5 employees.
Parking and Access:
The applicant will have access from E. Main St. The site currently has access from 29th St. Because of concerns about traffic along 29th St., the applicant is proposing to close those existing access drives.
The proposed development will meet the parking requirements in the UDC. The table below provides an analysis of the parking requirements for vehicles sales.
|
Standard |
Parking Rate |
Required |
Provided |
Meets |
|
Total Parking Spaces |
6 Space min |
6 |
6 |
Yes |
|
Handicapped Spaces |
1-25 Spaces |
1 |
1 |
Yes |
Dimensional and Paving Requirements:
The proposed site plan meets all the minimum density and development standards of the UDC. The table below provides an analysis of the minimum development standards for a Commercial (C) District.
|
Commercial District (C) |
|
Standard |
Required |
Provided |
Meets |
|
Minimum Site Area |
5,000sqft |
29,979sqft (0.5 acres) |
Yes |
|
Minimum Lot Width |
50ft |
110ft |
Yes |
|
Minimum Lot Depth |
100ft |
200ft |
Yes |
|
Front Yard |
25ft |
>25ft |
Yes |
|
Side Yard - Internal |
10ft |
15ft |
Yes |
|
Rear Yard |
0ft |
12.5ft |
Yes |
|
Floor Area Ratio |
0.5:1 |
0.08:1 |
Yes |
|
Maximum Height |
25ft |
14ft |
Yes |
|
Paving |
Concrete or Equivalent |
Concrete |
Yes |
Landscape and Screening:
The landscape plan is consistent with the landscape requirements of Article 8 of the Unified Development Code. The follow table is an analysis of the proposed landscaping.
|
Landscaping and Screening: Commercial District (C) |
|
Standard |
Required |
Provided |
Meets |
|
Overall Landscape (5%) |
1,099sqft |
1,480sqft |
Yes |
|
Minimum Front Yard Landscaping (75%) |
825sqft |
979sqft |
Yes |
|
Required Fencing |
None |
8ft Wood Fence |
Yes |
|
Shrubs |
|
Standard |
Required |
Provided |
Meets |
|
Total Shrubs(1) |
22 |
25 |
Yes |
|
Trees(2) |
|
Standard |
Required |
Provided |
Meets |
|
Total Trees(3) |
3 Trees |
4 Trees |
Yes |
|
Street Trees(4) |
3 Trees |
4 Trees |
Yes |
|
Parking Area Trees(5) |
3 Trees |
Trees |
Yes |
(1) - 1 shrub per 50sqft of required landscaping; Min 5-gallon shrub.
(2) - Required trees must be allocated; 1st to street trees, 2nd to parking lot trees, and 3rd to site trees.
(3) - 1 tree per 500sqft of required landscaping; Min. 3-inch caliper tree.
(4) - 1 tree per 50ft of street frontage; Distance from tree centers: Max. - 50ft, Min. - 25ft.
(5) - 1 tree per 20 parking spaces; all parking spaces within 100ft of the center of a tree.
Elevations and Masonry:
UDC requires all non-residential structures in Commercial districts, excluding doors and windows, to be constructed of 100% masonry. This development substantially complies with the masonry requirements.
|
Elevation Materials |
|
|
North |
East |
South |
West |
Total % |
|
Masonry (CMU) |
100% |
97% |
90.5% |
96% |
96% |
|
Metal Facial |
0% |
3% |
9.5% |
4% |
4% |
|
Total(1) |
100% |
100% |
100% |
100% |
100% |
(1) - Excluding Doors/Windows.
Dumpster Enclosure:
Because the applicant is proposing to close the existing access drives along 29th St, it will be difficult to maneuver a garbage truck in order to pick up the trash. The applicant is requesting relief from the city’s dumpster enclosure requirements.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map (FLUM) of the 2010 Comprehensive Plan shows this area as appropriate for Commercial/Retail/Office uses. With a specific use permit for used car sales, this development will be consistent with the FLUM.
REQUESTED APPEALS BY APPLICANT:
The applicant is requesting an appeal to the dumpster enclosure requirement.
RECOMMENDATION:
Due to the appeal listed above, staff cannot offer full support of this request. Staff has no serious objections to this appeal.
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 USED AUTO SALES, TO WIT: BEING LOT 215-R, BURBANK GARDENS ADDITION UNIT #1 REVISED, 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 Used Auto Sales in a Commercial (C) 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 Used Auto Sales 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 6 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 Used Auto Sales 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 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 943 for the property location described as follows:
2904 E. Main Street, also being described as being Lot 215-R, Burbank Gardens Addition Unit #1 Revised, Dallas County, Texas and as shown on the approved site plan labeled as Exhibit A - Site Plan and Exhibit D - Location Map, which are incorporated by reference.
SECTION 2: Definitions
Make Ready Service: Means a repair or service procedure necessary to prepare a used vehicle for sale, which may include, but not be limited to, the replacement of wipers, headlights, light bulbs, clear water rinse, detailing, or tire inflation or repair.
Used Auto Sales: The sale of used automotive vehicles, such as cars, pick-up trucks, vans, and sport utility vehicles, etc. Acceptable accessory uses would include Make Ready Service.
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), Building Elevations (Exhibit B), and Landscape Plan (Exhibit C).
2. As outlined within the Operational Plan contained within the Specific Use Permit Application File No. SU141003/S141002, 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. The existing drive accesses to 29th Street shall be closed as shown in the approved Site Plan, Exhibit A;
C. A dumpster enclosure shall not be required. All trash storage areas must be screened from public view;
D. Make Ready Services shall be conducted indoors;
E. There shall be no outside storage;
F. All vehicle parking shall be parked on city approved surfaces;
G. All operations shall maintain compliance with all federal, state, and local environmental regulations;
H. All operations shall maintain compliance with City Ordinance No. 7408 Automotive Related Business (ARB) regulations;
I. 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 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. 9788-2014
case no. su141003/s141002
speicfic use permit no. 943