From
Chris Hartmann
Title
SU140403A - Specific Use Permit Renewal- Tiger Auto (City Council District 5). Renewal of a Specific Use Permit for an Auto sales lot with general auto repair and auto body and painting. The property is zoned Heavy Industrial (HI) District. The property is generally located on the east side of Camden Drive south of E. Jefferson Street. (On June 6, 2016, the Planning and Zoning Commission recommended approval to renew this SUP by a vote of 9-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
SUMMARY:
Consider a request for a one (1) year renewal of a Specific Use Permit for an Auto Sales Lot with general auto repair and auto body and painting. The property is zoned Heavy Industrial (HI) District. The property is generally located on the east side of Camden Drive south of E. Jefferson Street.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Land Use |
|
North |
Heavy Industrial (HI) District |
Vikey’s Restaurant |
|
East |
Heavy Industrial (HI) District |
Industrial |
|
West |
City of Dallas |
Naval Air Base |
|
South |
Heavy Industrial (HI) District |
Industrial & Grand Prairie Armed Forces Reserve Complex |
Access to the site is from Camden Drive via a proposed new access driveway proposed to be constructed with this project. Camden Drive is a two-lane roadway with open drainage ditches.
PURPOSE OF REQUEST:
The applicant is seeking specific use permit to develop and operate a used car lot at 47 and 48 Camden Drive, Grand Prairie, Texas. Originally the applicant was also seeking approval of general auto repair and auto body and painting, but he subsequently removed those uses from this request. All used auto sales facilities require the approval of a specific use permit in all zoning districts where they are permitted per Article 4, “Permissible Uses” of the Unified Development Code, Section 4.8.4. Also, all nonresidential development located within an Overlay District require site plan approval from the Planning and Zoning Commission and the City Council at a public hearing. The property is located in the Central Business District Four (CBD-4), which is considered an Overlay District. This application submittal is being made to conform to these requirements.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The applicant proposes to develop a vacant tract of land consisting of two (2) parcels totaling 14,248 square feet (104’ wide x 137’ deep). The applicant proposes to construct a 4,000 sq. ft. building and concrete parking lot for a used auto sales w/make ready services. The property will be required to be replatted into a single lot prior to development. The applicant has submitted a replat application that is being processed concurrently with this application.
General Operations:
According to the Operational Plan and discussion with the applicant, the use car dealership will be open Monday through Friday from 9:00 AM to 6:00 PM. The dealership will have between 2 and 3 employees (inclusive of the applicant). All of the used cars will be acquired in drivable condition needed only minor repair (make ready type services) prior to placement on the lot for sale. Per this application, no other service beyond make ready services will be performed on the vehicles.
Building:
The applicant is proposing to construct a 4,000 sq. ft. building. The structure will be 80ft. long x 50ft. wide and 16.5 feet in height from grade to top plate. The proposed roof pitch is 2.4:12. The total building height, from grade to roof ridge, is 21.5 feet. The floor plan of the building includes 1,000 square feet of office space with the balance of the building being open space to be used, for this application, for make ready services only. The building includes three (3) 12-ft x 12-ft garage access doors to the open space within the building.
The building, including the roof, is primarily a metal structure except for the front façade that is proposed to consist of a mixture of brick and split-faced concrete masonry units (CMU) from grade to the top-plate. The north (side) elevation incorporates a 4-foot tall from grade split-faced CMU detail along the entire length of the façade. The total masonry content of the building is approximately 31%. Table 6D of the UDC requires a minimum masonry content of 85%. The applicant is requesting an appeal of the standard.
Parking:
The proposed parking lot and drive aisles will be paved with concrete in conformance with the UDC. Required parking for a used car lot is one (1) space per 400 square feet. Staff has interpreted this parking requirement to apply only to the proposed office space as the UDC does not specify. However, the UDC also requires that a minimum of one (1) parking space be provided for every 400 square feet, with a minimum of six (6) spaces, for a service station, auto repair, car care or automotive related services. The applicant has stated to staff, and as noted within the submitted operational plan, that the balance of the building (3,000-sq.ft.) will be used only for “make ready services”, which is defined in Article 30 of the UDC as, “ Make Ready Service - Means a repair of 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.”
As proposed, the project includes a total of 16 parking spaces, including one (1) handicapped space. Per the UDC, three (3) parking spaces are required for customer parking based on the above noted staff interpretation. However, staff is concerned that if additional auto related activities, many of which are permissible by right via a simple change-in-use application to the city to amend the Certificate of Occupancy (C/O), adequate parking may not be available for all the intended uses. For example, if the applicant wants to retain used auto sales uses on the property but adds General Auto Repair to his C/O, the total parking requirement per the UDC would be as 10 parking spaces as the UDC requires one (1) parking space per 400 square office space for used car sales and one (1) parking space for every 400 square feet of automotive related service uses. This scenario only leaves six (6) display vehicle spaces available to sell used cars. While the proposal meets the minimum requirements per this application and even the above noted parking example, the applicant is hereby put on notice that the future use(s) of the subject property may be limited due to the parking limitations of the property.
Dumpster Enclosure:
The proposed dumpster enclosure is located at the entrance to the site within the front building setback. The dumpster enclosure is proposed to be constructed re-enforced poured concrete masonry units, with metal access gates, painted to match the building.
Landscaping:
The applicant is proposing to plat three (3) 3-inch caliper Cedar Elm trees within the front setback in conformance with the UDC, which exceeds the minimum required by UDC.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The subject property is designated as appropriate for Heavy Industrial uses on the Future Land Use Map (FLUM). Heavy Industrial is defined as a use category that represents more intense industrial uses, and activities, which involve toxic or biological material. The proposal is consistent with the FLUM.
APPLICABLE DEVELOPMENT STANDARDS:
Future development of the subject property shall be subject to all development standards of the Unified Development Code, Central Business District No. 4, the Corridor Overlay Standards and other adopted regulations and policies.
REQUESTED APPEALS BY APPLICANT:
N/A
RENEWAL INSPECTION STATUS:
The property owner is nearing completion of the construction of the new building and other improvements on the property. The facility is not yet open.
RECOMMENDATION:
Staff recommends a one (1) year renewal of Ordinance No. 9848-2015.
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 ONE (1) YEAR RENEWAL FOR A SPECIFIC USE PERMIT FOR USED AUTO SALES, TO WIT: BEING A TRACT OF LAND IN THE WILLIAM C. MAY SURVEY, ABSTRACT NO. 891, 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, on April 21, 2015, the Grand Prairie City Council approved, via Ordinance No. 9848-2015 (Planning Case File No. SU140403), a request for a Specific Use Permit for Used Auto Sales; and
WHEREAS, said Ordinance requires a one (1) year review of the existing Specific Use Permit for Used Auto Sales via a public hearing process to verify compliance with the approved development standards and all applicable codes; and
WHEREAS, staff has verified that the approved improvements to the subject property are still under construction; and
WHEREAS, staff recommends a one (1) year renewal of said existing Specific Use Permit for Used Auto Sales to allow the property owner time to complete the project and get up and running; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on June 6, 2016, following legal notice of such public hearing before the Planning and Zoning Commission had been published in the paper of record, for the proposed indefinite renewal of the existing Specific Use Permit for Used Auto Sales said Notice having been given not less than ten (10) days before the date set for hearing, 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 grant the indefinite renewal of existing Specific Use Permit for Used Auto Sales; 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 21, 2016, 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 950A for property located as legally described in Exhibit A - Legal Description and as shown in Exhibit B - Location Map.
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 HEAVY INDUSTRIAL (HI) DISTRICT.
1. The development shall conform to the City Council approved Exhibit C - Site Plan.
2. As outlined within the Operational Plan contained within the Specific Use Permit Application File No. SU140403, 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; 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. 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 Ordinance, this Specific Use Permit for Used Auto Sales shall automatically terminate, in accordance with Section 5.4.1 of the Unified Development Code, upon cessation of said 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 Specific Use Permit 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 21st DAY of June, 2016.
Ordinance No. 10073-2016
Specific Use Permit No. 950A
Case No. SU140403A