From
Chris Hartmann
Title
Z120802/SU120805 - Zoning Change/Specific Use Permit - 615 W. Jefferson Street (City Council District 2). Approval of a Zoning Change from Central Area (CA) District to a Planned Development (PD) District for all uses allowed in the Central Area (CA) District plus a Specific Use Permit for auto tire repair and auto accessory sales and installation on 0.178 acres. The subject property is zoned Central Area (CA) District and is within Central Business District Number Two (CBD-2) Overlay District. The property is generally located east of S. Carrier Parkway on W. Jefferson Street. The owner is Arturo Torres and the applicant is M.S. Steve Keeton. (On October 1, 2012, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0.)
Presenter
Bill Crolley, Director of Planning and Development
Recommended Action
Approve
Analysis
SUMMARY:
Consideration of a request for the approval of a Zoning Change from Central Area (CA) District to a Planned Development (PD) District for all uses allowed in the Central Area (CA) District plus a Specific Use Permit for auto tire repair and auto accessory sales and installation on 0.168 acres. The subject property is zoned Central Area (CA) District and is within Central Business District Number Two (CBD-2). The property is generally located east of South Carrier Parkway on West Jefferson Street.
ADJACENT LAND USES AND ACCESS:
North - W. Jefferson Street is classified on the Master Transportation Plan as a principal arterial six lane divided roadway (P6D). Farther north is the UP/BNSF railroad right of way.
South - Developed single family homes on lots zoned Single Family-Four (SF-4) District. An unimproved fifteen foot (15') wide alley right-of-way separates the subject property from the home sites to the south.
East - An existing Automotive Related Business (ARB) that is also owned by Mr. Arturo Torres - the property owner for this zoning and SUP application. This facility is a vested ARB with no Specific Uses Permit on file with the City. It is zoned Central Area (CA) District. An unimproved fifteen foot (15') wide alley right-of-way separates the subject property from the business to the east.
West - An existing commercial/retail building on property zoned Central Area (CA) District. This property is also owned by Mr. Arturo Torres.
PURPOSE OF REQUEST:
The purpose is to modify the existing zoning district from Central Area (CA) to a Planned Development permitting all uses allowed in the Central Area (CA) District zoning with a Specific Use Permit for tire repair, tire sales and indoor installation. The applicant desires to establish and reuse an existing non-conforming metal building and site in the Central Area (CA) District and Central Business District Two (CBD-2) Overlay.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The proposed use will function as a tire repair business with accessory tire sales and indoor installation in an existing 1,818 square foot metal building on 7,303 square feet or 0.168 acres. The existing building was originally constructed with 1,218 square feet in 1977 as an auto parts store. It was expanded in 1977 by adding an additional 600 square feet for an additional garage bay. Other than the original occupant, T & J Auto Parts, the city has no record of other Certificates of Occupancy on file since 1977.
The applicant has provided five parking spaces on the western portion of the site that meet the minimum parking requirement for automotive uses. The building's northwest corner encroaches into public right-of-way by 1.42 feet. Access to the garage bays is restricted by the depth of the site. The applicant has shown one five gallon Crepe Myrtle as proposed landscaping. The business will have two employees and their hours of operation will be from 8:00 a.m. to 6:00 p.m. Monday through Saturday.
Fire Administration has established that tire storage of both inventory and used tires can take no more than 400 square feet of floor area, stacked a maximum height of five feet. The owner has indicated that the storage requirement and the city's requirement that all work be done indoors will be included in its lease contract.
ZONING HISTORY:
This property was annexed into the city in 1942 as a part of the McKinney and Williams Survey Abstract No. 1045, and the James G. Stevens Survey, Abstract No. 1674. Zoning maps from 1950 show the property as Commercial (C) District. Current zoning records designate this area as a part of the Central Area (CA) District. It is also located in the Central Business District Two (CBD-2) Overlay.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map of the 2010 Comprehensive Plan designates this area for commercial and retail uses. Since the proposed primary use is not recommended in Article 4, "Permissible Uses," of the Unified Development Code in the Central Area (CA) District staff has determined that it is not in conformance with the 2010 Comprehensive Plan.
PROJECT'S VESTED STATUS:
A Final Plat was found for the SUP site plan area titled Block C, of the Indian Hills Number 1 Subdivision. Said Final Plat was recorded in Volume 7, Page 368, Plat Records of Dallas County Texas. The date of application submittal for this Site Plan request is June 19, 2012. Vesting established by the Final Plat is deemed valid since a measurable and verifiable progress is evident within the five year period after P&Z approval of the Final Plat. Submittal of this Site Plan application will vest this project to development standards in place for the proposed use as of the date of application submittal of June 19, 2012.
DENSITY AND DIMENSIONAL IMPACTS:
Density and dimensional standards are highlighted in the attach.
REQUESTED APPEALS BY APPLICANT:
The applicant is appealing the uses allowed in Article 4 - "Permissible Uses" of the Unified Development Code for the Central Area (CA) District and the Central Business District Two (CBD-2) Overlay by requesting a zoning change creating a Planned Development for all uses permitted in the Central Area (CA) District and allowing " tire repair, tire sales and indoor installation" by approval of a Specific Use Permit.
Note:
The chart above indicates Tire Sales and Installation are permitted only by SUP, Auto Tire Repair is not a permitted use and requires a request to change the existing zoning designation.
No other appeal is being requested by the applicant.
RECOMMENDATION:
Since July the applicant has met with staff and has revised the proposed access into the building. A garage door will be relocated to the west side allowing cars to enter from the west side of the building and exit to the north from the existing eastern overhead door. The two western overhead doors will not be used for access and wheel stops or new curb will be placed restricting access to those doors from the street.
The city's current auto related business ordinance requires that all work be done indoors. The proposed revisions to the building should allow vehicles to enter and safely exit the building. Current standards for all new businesses require that all parking and maneuvering be done on site. The proposed revisions appear to meet that requirement.
Central Business District Two Overlay (CBD-2) was created for the enhancement of commercial, office and service uses for that reason new automotive uses were excluded from the CA/CBD-2 area. Tire sales and installation is only permitted only by SUP and the proposed tire repair use is not a recommended use in the Central Area (CA) or the Central Business District Two (CBD-2) Overlay.
However, this request intends to make use of an existing building, and since the applicant has reconfigured the site plan and made adjustments to alleviate safety concerns staff is comfortable with the request. If the Commission and City Council determine to recommend approval of this case the DRC recommends approval in conformance with the attached Ordinance.
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 GRANT A ZONING CHANGE FROM CENTRAL AREA (CA) DISTRICT TO A PLANNED DEVELOPMENT (PD) DISTRICT FOR ALL USES PERMITTED IN THE CENTRAL AREA (CA) DISTRICT, AND A SPECIFIC USE PERMIT FOR AUTO TIRE AND WHEEL REPAIR AND INSTALLATION WITH ACCESSORY SALES AND INSTALLATION; TO WIT: BEING 0.168 ACRES OF LAND OUT OF THE MCKINNEY AND WILLIAMS SURVEY, ABSTRACT NO. 1045, AND BEING A PART OF BLOCK C, INDIAN HILLS NO. 1 ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 99195, PAGE 368 OF THE MAP RECORDS OF DALLAS COUNTY, TEXAS, IN THE CITY OF GRAND PRAIRIE, TEXAS, AND BEING ADDRESSED AS 615 W. JEFFESON STREET; SAID ZONING MAP AND ORDINANCE BEING NUMBERED ORDINANCE 4779 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, on June 19, 2012, 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 from Central Area (CA) District to a Planned Development (PD) District for all uses permitted in the Central Area (CA) District, and a Specific Use Permit for Auto Tire and Wheel Repair and Installation with Accessory Sales and Installation; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on October 1, 2012, after written notice of such public hearing before the Planning and Zoning Commission on the proposed rezoning had been sent to owners of real property lying within 300 feet of the property on which the change of classification 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 9 to 0 to recommend to the City Council of Grand Prairie, Texas, that the hereinafter described property be rezoned from its classification of Central Area (CA) District to a Planned Development (PD) District for all Uses Permitted in the Central Area (CA) District, and a Specific Use Permit for Auto Tire and Wheel Repair with Accessory Sales and Installation; 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 Council Chambers, Grand Prairie City Hall, 317 W. College Street, at 6:30 o'clock P.M. on October 16, 2012 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 on November 20, 1990, as amended, is hereby further amended so as to is rezone the following described area from its classification of Central Area (CA) District to a Planned Development (PD) District for all uses permitted in the Central Area (CA) District, and is hereby further amended so as to establish a Specific Use Permit numbered 905 for Auto Tire and Wheel Repair and Installation with Accessory Sales and Installation for the property location described as follows:
Being 0.168 acres of land out of the McKinney and Williams Survey, Abstract No. 1045, and being a part of Block C, Indian Hills No. 1 addition according to the plat thereof recorded in Volume 99195, Page 368 of the Map Records of Dallas County, Texas, in the City of Grand Prairie, Texas, and being addressed as 615 W. Jefferson Street as shown on the Site Plan labeled as Exhibit 'A', which is incorporated herein by reference.
SECTION 2.
Specific Use Permit
FOR OPERATION OF AN AUTO TIRE AND WHEEL REPAIR AND INSTALLATION FACILITY WITH ACCESSORY SALES AND INSTALLATION IN A PLANNED DEVELOPMENT (PD) DISTRICT FOR ALL USES PERMITTED IN THE CENTRAL AREA (CA) DISTRICT. The following conditions are hereby established as part of this ordinance:
1. All operations must conform to the City Council approved site plan and operational plan as shown in attached Exhibit 'A'.
2. No vehicle sales shall be permitted on the property.
3. No vehicles shall be stored on this site without a valid work order. Work orders shall not exceed 90 days.
4. The facility must develop and implement an accidental spill plan. The Water Quality Division will provide spill plan development guidelines. A copy of the plan must be forwarded to the Water Quality Division for approval.
5. The facility must maintain manifests detailing the types and amounts of chemicals stored within the building area and maintain manifest of their disposition to a state or federally approved disposal site.
6. It shall be unlawful for any person, owner, tenant or employee to commit such acts as listed below:
a. Discharge or deposit, upon any public or private property, any industrial, chemical, hazardous or other regulated waste.
b. Permit crankcase or radiator drainage, vehicle engine wash or other oils, greases, vehicle fuels or like material to be discharged or deposited to any area within the city.
7. The facility shall meet all requirements of the Auto Related Business Ordinance # 7408 Chapter 13 "Health & Sanitation" of the Code of Ordinances.
8. No parking or storing of vehicles shall be permitted on an unpaved surface.
9. 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 the Building Inspections Division. The owner shall be required to provide the make, model and location of the backflow preventer to be installed. Testing fees for backflow prevention devices must be paid prior to issuance of building permits.
10. 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.
11. All waste disposal services shall be contracted with Grand Prairie Disposal Company, J.C. Duncan. Commercial-type refuse containers (dumpster and masonry screening wall) shall be placed at a location arranged in advance with the city's contractor. If materials are to be recycled, they shall not be co-mingled with trash. All property owners or facility owners shall contact Grand Prairie Disposal Company. [city code 26-105(a)]. 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.
12. No operations or activities may 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.
13. 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 to daytime hours between six o'clock a.m. and ten o'clock p.m. when constructing a building with 300 feet of a residence.
14. 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)].
15. 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.
16. All signage must meet the requirements of Article 9, "Sign Standards", of the Unified Development Code. An approved sign permit shall be required for the installation of all signage on the building and property.
17. One (1) portable rack for the display of new tires shall be permitted on the property. Such rack display shall be located no farther than five feet (5') from the building.
18. No repair or installation work shall be done outside the building. Automotive repairs shall be minor in scope. No major engine or transmission repairs and no engine or transmission replacements shall be permitted on the property.
19. No salvaging of parts or components shall be permitted on the property.
20. No permanent outside storage of tires shall be permitted unless such outside tire storage is located greater than 50 feet (50') of buildings and property lines.
21. Inside storage of tires cannot exceed 5 feet (5') in height and 400 square feet (400 SF) in area unless an approved fire suppression system is installed inside the building.
Areas limits shall be painted on the floor and height marked on the wall for ease of inspection.
22. The applicant shall submit for a Certificate of Occupancy (CO) upon completion of all conditions. Land use descriptions and the assigned SUP number shall be included in the CO.
23. No vehicle parking, standing or staging will be permitted in front of the garage bay doors.
24. Exterior building colors shall be low reflectance subtle neutral or earth tone colors. [Appendix R - "Overlay Districts" - Section 5 - "Design Standards" - Color.]
SECTION 3.
Compliance
COMPLIANCE - All development must conform to the approved site plan labeled as Exhibit "A", which is incorporated herein by reference.
1. The Specific Use Permit (SUP) shall automatically terminate in accordance with Section 5.4.1 of the Unified Development Code if no Building Permit is issued for "Auto Tire and Wheel Repair and Installation with Accessory Sales and Installation" 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 Ordinance, the Specific Use Permit (SUP) shall automatically terminate if no Certificate of Occupancy is issued for "Auto Tire and Wheel Repair and Installation with Accessory Sales and Installation" within six (6) months after the issuance of a building permit.
a. If a building permit is not required for the use, the Specific Use Permit shall automatically terminate if no Certificate of Occupancy is issued for "Auto Tire and Wheel Repair and Installation with Accessory Sales and Installation" within six (6) months after City Council adoption of this Ordinance.
3. Furthermore, by this SUP Ordinance, the City Council shall conduct a public hearing two (1) year after City Council adoption of this Ordinance 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.
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 16th DAY of OCTOBER, 2012.
ORDINANCE NO. 9447-2012
CASE NO. Z120802/SU120805
SPECIFIC USE PERMIT NO. 905
PLANNED DEVELOPMENT NO. 339