From
Chris Hartmann
Title
SU200602/S200602 - Specific Use Permit/Site Plan - 360 Car Spa (City Council District 1). Specific Use Permit for a Car Wash within a Commercial zoning district. Lot 7, Block 100, Dalworth Park Addition, City of Grand Prairie, Dallas County, Texas, zoned C, within Central Business District No. 1, and addressed as 2125 Galveston St. The agent is Andres Barragan, the applicant is Jose Artehga, and the owner is Triple B A/C Services. (On June 8, 2020, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0).
Presenter
Savannah Ware, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
Specific Use Permit for a Car Wash within a Commercial zoning district. Lot 7, Block 100, Dalworth Park Addition, City of Grand Prairie, Dallas County, Texas, zoned C, within Central Business District No. 1, and addressed as 2125 Galveston St.
ADJACENT LAND USES AND ACCESS:
The following table summarizes the zoning designation and existing use for the surrounding properties.
|
Table 1: Adjacent Zoning and Land Uses |
|
Direction |
Zoning |
Existing Use |
|
North |
Commercial |
Undeveloped |
|
South |
Single Family-Four |
Single Family Residential |
|
East |
Commercial |
Laser Cut Dies |
|
West |
Commercial |
Non-Profit Organization |
PURPOSE OF REQUEST:
The applicant intends to establish a Car Wash (Full-Service) use in the Commercial (C) district, which requires a Specific Use Permit. The purpose of the Specific Use Permit process is to identify those uses which might be appropriate within a zoning district, but due to either their location, functional or operational nature, could have potentially negative impact upon surrounding properties; and to provide for a procedure whereby such uses might be permitted by further restricting or conditioning them so as to eliminate such probable negative impacts.
SITE CHARACTERISTICS AND FUNCTION:
The applicant intends to operate a Car Wash out of an existing site. The site includes a 2,975 sq. ft. building, a drive that runs parallel along the building that connects a driveway at the north of the site and a driveway at the south of the site, and a parking area. The site includes six parking spaces. The applicant will be able to accommodate three cars inside the garage at a time.
Customers will park their car in the designated space in front of the building. After the customer has checked in, an employee will drive the car to the rear of the site and park the vehicle in a designated space or drive it inside the building to begin the car wash. The applicant will have a small waiting area in the front office for customers.
Parking
The Unified Development Code (UDC) requires that auto-related businesses provide a minimum of six parking spaces and this site provides six. Two of the parking spaces are designated for employees, four spaces are for customers, and the building has space for three cars. This means that the site can reasonably accommodate seven customer cars at a time.
Dumpster Enclosure
The UDC requires that areas reserved for refuse storage be screened by a solid non-transparent masonry wall. The applicant is proposing to use a rollaway container instead.
RECOMMENDATION:
The Development Review Committee (DRC) recommends approval with the following conditions:
1. Using City right-of-way for the parking or queuing of vehicles is prohibited.
2. The front parking space shall be designated for customer car drop-off. An employee shall immediately move the car to the rear of the site so that this space is available for the next customer.
3. Operations must comply with the City of Grand Prairie’s Auto Related Businesses ordinance.
4. Operations must comply with Environmental Services standards for commercial washing businesses, including installation of a grit trap.
5. The applicant shall paint arrows on the drive to indicate that it is one-way and install signage on the rear of the building to prevent drivers from driving the wrong way.
6. The applicant must obtain approval from Republic Waste Services for a rollaway garbage container.
7. The applicant shall continue commercial garbage collection service and provide evidence of continued service upon the City’s request.
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 CAR WASH IN A COMMERCIAL DISTRICT: BEING LOT 7, BLOCK 100, DALWORTH PARK ADDITION, CITY OF GRAND PRAIRIE, 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; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
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 Car Wash; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on June 8, 2020, 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 Car Wash 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 said Zoning Ordinance and Map be amended to allow a Specific Use Permit for a Car Wash; 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 June 16, 2020, 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 November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit for a Car Wash on Lot 7, Block 100, Dalworth Park Addition, City of Grand Prairie, Dallas County, Texas, as depicted in Exhibit A - Location Map, attached hereto.
SECTION 2. That the purpose of this Ordinance is to provide the appropriate restrictions and development controls that ensure this Specific Use Permit is compatible with the surrounding development and zoning and to also ensure that the development complies with the City’s Comprehensive Plan and Unified Development Code.
SECTION 3. That for operations of a Car Wash, the following standards and conditions are hereby established as part of this ordinance:
1. The development shall adhere to the City Council approved Exhibit B - Site Plan, Exhibit C - Landscape Plan, and Exhibit C - Existing Building Elevations, of this ordinance, which are herein incorporated by reference.
2. The use of City right-of-way for parking or queuing of vehicles is prohibited.
3. The front parking space shall be designated for customer car drop-off. An employee shall immediately move the car to the rear of the site so that this space is available for the next customer.
4. The applicant shall paint arrows on the drive to indicate that it is one-way and install signage on the rear of the building to prevent drivers from driving the wrong way.
5. The applicant must obtain approval from Republic Waste Services in order to use a rollaway garbage container.
6. The applicant shall continue commercial garbage collection service and provide evidence of continued service upon the City’s request.
7. The applicant and operators shall continue garage service at this location and provide evidence that they have done so upon the City’s request.
SECTION 4. That the operations of a Car Wash shall comply with the following:
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 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 other applicable regulatory requirements administered and/or enforced by the state and federal government. Two or more violations of this ordinance during any one year period shall be grounds for revocation of the Certificate of Occupancy and SUP for Car Wash.
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.
6. The operation of the facility shall be in strict compliance with all requirements of the Environmental Services Department, Building Inspections, Police Department and Fire Administration.
7. Any unsafe or unauthorized operations or activities may be determined as grounds for revocation of the Specific Use Permit by the City Council.
SECTION 5. That it is further provided that in the case a section, clause, sentence or part of this Ordinance shall be deemed or adjudicated 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. That a violation of this Ordinance is a misdemeanor punishable in accordance with Section 1-8 of the Code of Ordinances of the City of Grand Prairie, Texas. The penalty provided herein shall be cumulative of other remedies provided by State law, and the power of injunction as provided in Texas Local Government Code Section 54.016, as amended, may be exercised in enforcing this ordinance whether or not there has been a complaint filed.
SECTION 7. That the Unified Development Code of the City of Grand Prairie, as amended, shall be and remain in full force and effect save and except as amended by this Ordinance.
SECTION 8. That the terms and provisions of this Ordinance are severable and are governed by Section 1-4 of the Code of Ordinances of the City of Grand Prairie, Texas.
SECTION 9. That all ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 10. 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 of JUNE, 2020.
ordinance no. 10860-2020
specific use permit no. 1090
case no. SU200602/s200602