From
Chris Hartmann
Title
SU170903 - Specific Use Permit - Salem Auto (City Council District 1). Approve a Specific Use Permit to allow for used Auto Sales. The 0.345 acre property is zoned LI, Light Industrial District and lies within the Central Business (CBD) Corridor Overlay District. The property is generally located on the North side of W. Main Street, approximately 300 feet west of SW 23rd Street. The property is addressed at 2326 W. Main Street and is in Council District 1. The agent is Amer Bani Mustafa, the applicant is Adel Elhindawi, Salem Auto, and the owner is Hassan Aboukarr. (On September 11, 2017, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0).
Presenter
Chief City Planner David Jones, AICP
Recommended Action
Approve
Analysis
SUMMARY:
SU170903 - Specific Use Permit - Salem Auto at 2326 W. Main St. (City Council District 1). A request to approve a Specific Use Permit to allow for used Auto Sales. The 0.345 acre property is zoned C, Commercial District and lies within the Central Business (CBD) Corridor Overlay District. The property is generally located on the North side of W. Main Street, approximately 300 feet west of SW 23rd Street.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Land Use |
|
North |
Light Industrial District (LI) |
Industrial Uses |
|
East |
Light Industrial District (LI) |
Industrial Uses |
|
West |
Light Industrial District (LI) |
Industrial Uses |
|
South |
Commercial Office District (CO), Commercial District (C) |
Commercial Office Uses |
PURPOSE OF REQUEST:
The applicant is seeking a Specific Use Permit on a 0.345 acre property to allow for used Auto Sales. Auto Sales require approval of a Specific Use Permit per Article 4, “Permissible Uses” of the Unified Development Code, Section 4.8.4.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The subject property is designated as Commercial on the Future Land Use Map (FLUM). The proposal is consistent with the FLUM.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The property was previously used as a restaurant and more recently for used auto sales. The applicant proposes to use the existing building for offices and the existing lot for car display and storage. Per UDC requirements, all cars must be kept at least one (1) foot from all property lines and at least three (3) feet from the right of way.
Parking Analysis:
The City of Grand Prairie requires 1 parking space per 400 sq. ft. The applicant is providing five parking spots, while including one handicap parking space for the property.
Landscaping Analysis:
The City of Grand Prairie requires 5% on site landscaping for the Commercial zoning area(s). The applicant is proposing to add 604 sq. ft. of landscaping with including 2 trees, 21 shrubs, 460 sq. ft. of grass area, and 164 sq. ft. of mulch area.
REQUESTED APPEALS BY APPLICANT:
None
RECOMMENDATION:
Staff recommends approval of the Specific Use Permit with the following conditions:
- That the back area of the lot is repaved with a surface approved by the City to replace the substandard asphalt behind the existing chain link fence.
- That no Certificate of Occupancy be issued without the new paving being in place.
- That no repair work is done on any vehicles anywhere on the property except for what is defined as “minor auto repair” in Article 30 of the Unified Development Ordinance, and that any such work defined therein is done only indoors.
- That no inoperable vehicles be brought to the site, be stored on the site for any length of time, or be sold from the site without being fully operable.
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 0.345 ACRES SITUATED IN THE DALWORTH PARK ADDITION, BLOCK H, LOT 7B, CITY OF GRAND PRAIRIE, TARRANT 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 Light Industrial (LI) District; and;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on September 11, 2017, 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 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 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 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 September 19, 2017 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 1028 for the property location described as follows:
2326 W. Main St, also being described as being 0.345 acres situated in the Dalworth Park Addition, Block H, Lot 7B, City of Grand Prairie, Tarrant County, Texas and as shown on the approved site plan labeled as Exhibit A - Site Plan and Exhibit B - Location Map, which are incorporated by reference.
SECTION 2: Definitions
Used Auto Sales: The sale of used automotive vehicles, such as cars, pick-up trucks, vans, and sport utility vehicles, etc.
SECTION 3: Specific Use Permit
FOR OPERATION OF A USED AUTO SALES BUSINESS WITHIN A LIGHT INDUSTRIAL (LI) DISTRICT.
1. The development shall conform to the City Council approved Site Plan (Exhibit A - Site Plan).
2. As outlined within the Operational Plan contained within the Specific Use Permit Application File No. SU170903, and as more specifically stated and codified herein, the development shall adhere to the following operational standards:
A. No Certificate of Occupancy shall be issued without the new paving being in place.
B. The front and back area of the lot shall be repaved with a surface approved by the City to replace the substandard asphalt behind the existing chain link fence.
C. There shall not be any minor auto repair at this location, since the building does not have any entrances to conduct any repairs indoor.
D. No inoperable vehicles shall be brought to the site, be stored on the site for any length of time, or be sold from the site without being fully operable.
E. The public right-of-way shall not be used for overflow parking
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. 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 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. The SUP for Used Auto Sales will expire/terminate with the current applicant if property is sold or use is discontinued with current applicant.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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 19th of SEPTEMBER, 2017.
CASE NUMBER: SU170903
ORDINANCE NUMBER: 10341-2017
SPECIFIC USE PERMIT NUMBER: 2018