From
Chris Hartmann
Title
SU171001 - Specific Use Permit - 2916 E. Main Street (City Council District 5). A Specific Use Permit for Used Auto Sales use to operate within an existing building. The property is located north of E. Main Street and approximately 110 feet east of N.E. 28th Street. The 0.506 acre property is zoned Commercial and lies within the Central Business District, No. 4. The agent is Michael Stanley, EmJay Consult Group and the owner/applicant is David Varela. (On October 2, 2017, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0).
Presenter
David Jones, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
Specific Use Permit for Retail Auto Sales (Used) in an existing building on Lots 216 and 217, Burbank Gardens Addition. The 0.506 acre property is zoned Commercial (C) District and within Central Business District, No. 4 and is generally located north of E. Main Street approximately 110 feet east of NE 28th Street. The address is 2916 E. Main Street.
PURPOSE OF REQUEST:
The applicant proposes to use an existing, 7,040 square foot building for Used Auto Sales. The Unified Development Code requires City Council approval of a Specific Use Permit (SUP) for Used Car Dealerships within the Commercial (C) zoning district.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Land Use |
|
North |
Commercial |
Vacant |
|
East |
Commercial, CBD 4 (SUP-868A) |
Used Auto Sales |
|
West |
Commercial, CBD 4 (SUP-943) |
Used Auto Sales |
|
South |
Light Industrial (SUP-911A) |
Distribution Center |
PROPOSED USE AND CHARACTERISTICS
Operations:
The applicant proposes approximately 25 spaces on-site, including two handicap accessible spaces. Required parking is 18 spaces. The facility will utilize the existing overhead doors for access to vehicle inventory as well as access to an interior make-ready area at the back of the building. 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. No inoperable vehicles will be stored on-site.
The applicant will not be using large trucks to load or unload vehicles. Vehicles will be driven on-site individually by an employee of the business or unloaded from medium-sized vehicle carriers. Large auto-carriers will not be allowed to access the site. No loading or unloading will be allowed in the public right of way. The existing western drive will be demolished, and the existing eastern drive widened to 24 feet.
The hours of operation are Monday-Saturday from 9:00am to 7:00 p.m. with 3-5 employees. Per the terms of the SUP, no subleasing to additional tenants will be allowed.
Landscape and Screening:
The applicant proposes to maintain the existing mature crape myrtles along the street Main Street frontage. The site has an existing tree line along the northern boundary and the applicant requests to maintain the existing living screen in lieu of a fence between this property and the Commercial zoned properties to the north.
Elevations and Masonry:
The applicant proposes to provide 100% new stone and masonry veneer elements to two sides of the existing steel exterior construction including the south (front) elevation and the east elevation. The masonry will wrap around the western elevation for the first 11 feet. The remainder of the western elevation and the southern elevation are proposed to remain metal.
Dumpster Enclosure:
Because the applicant is proposing to close the existing access drives along E. Main St, it will be difficult to maneuver a garbage truck onto the site. The applicant has been approved by Environmental Services to utilize a roll-off dumpster rather than a standard dumpster within an enclosure. When not being emptied, the dumpster must remain in the space behind the building designated on the Site Plan.
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.
RECOMMENDATION:
DRC recommends approval with the following stipulation:
1. Any additions or new construction proposed to the building beyond the current footprint shall require that the plat be amended.
P&Z Recommendation
At its October 2, 2017 meeting, Planning and Zoning Commission voted to recommend approval.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY TO ALLOW A SPECIFIC USE PERMIT FOR USED AUTO SALES, LOTS 216 & 217, BURBANK GARDENS ADDITION, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, AND AS MORE PARTICULARLY DESCRIBED BELOW; 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 October 2, 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 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 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 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 17, 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 1034 for the property location described for property described in Exhibit A - Site Plan, which are incorporated herein 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 THE COMMERCIAL (C) DISTRICT.
1. The development shall conform to the City Council approved Site Plan (Exhibit C - Site Plan), with the following provisions:
I. Delivery of inventory limited to single (flat-bed) transport vehicles.
II. No double-stacking of parking vehicle inventory.
III. Designate parking inventory from customer & employee parking.
IV. Driveway approach subject to TXDOT review and approval.
2. As outlined within the Operational Plan contained within the Specific Use Permit Application File No. SU171001, 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 utilized for business activities, including loading or unloading of vehicles; and
C. Make Ready Services shall be conducted indoors; and
D. There shall be no outside storage; and
E. No inoperable vehicles shall be stored on-site for the purposes of repair and/or resale; and
H. Future changes or additions to the use of the property, or the construction of additional structures, may require additional parking as stipulated in the Unified Development Code, as amended, for each particular use; and
I. The property shall accommodate only one tenant at a time with no subleasing of building space or parking spaces to any tenant other than the business holding the Certificate of Occupancy; and
I. All operations shall maintain compliance with all federal, state, and local environmental regulations; and
J. All operations shall maintain compliance with City Ordinance No. 7408 Automotive Related Business (ARB) regulations; and
K. Shall adhere to all best management practices listed within its storm water pollution prevention plan.
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. 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 17th of OCTOBER, 2017.
ORDINANCE NO. 10382-2017
SPECIFIC USE PERMIT NO. 1034
ZONING CASE NO. SU171001