CITY OF CEDAR HILL CITY COUNCIL AGENDA ITEM

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1 Public Hearing #2 Agenda Date: September 9, 2014 CITY OF CEDAR HILL CITY COUNCIL AGENDA ITEM Agenda Item Wording: Case No CONDUCT A PUBLIC HEARING and consider a request for Conditional Use Permit for an Auto, Truck, Trailer Dealer (Primarily Used), within the I Industrial zoning district, being 1.28 acres, Lot 1, Marble Estates Addition, located at 1201 S. Cedar Hill Rd., Cedar Hill, TX 75104; requested by William Bailey on behalf of Silver Star Motors. Summary: The applicant wishes to use the existing three (3) metal buildings to house his internet based car/truck sales operations. Hours of operation are 9:00 am-6:30 pm. The majority of vehicles would be stored within a 10,764 sq. ft. metal building and 5,927 sq. ft. building for auto detailing. The 1,174 sq. ft. building would be used as the sales office. The property is zoned I -Industrial and the Zoning Code authorizes dealers of used auto, trucks, and trailer within this zoning district provided the City Council first issues a Conditional Use Permit. The CUP process offers the opportunity to review a proposal and verify that the applicant plans to comply with City regulations and mitigate any negative impacts. Factors to consider when contemplating the issuance of a CUP are found in Section of the Cedar Hill Zoning Code. The Planning Department has reviewed the enclosed site plan and finds it in general compliance with City codes, policies and ordinances. As with all such requests, a public hearing is required to be conducted before consideration. Notice of this hearing was published in the August 3, 2014 Focus Daily News and mailed to property owners within 200 feet. The Planning and Zoning Commission conducted a public hearing and considered this item on August 19, 2014 (see attached minutes). No one spoke for or against this request other than the applicant. The Commission, by a vote of 7-0, recommended approval of this request subject to a revised site plan showing a 10 x 45 loading area. Funding Source: N/A Recommended Action: Conduct a Public Hearing and consider this request subject to revised site plan showing a 10 x45 loading area. Department: Planning Contact / Phone No: Rod W. Tyler Ext Attachments: Yes If yes, how many pages: 14

2 City of Cedar Hill Planning and Zoning Commission August 19, 2014 Page 3 of 5 Mr. Gore also noted that the city council had recently adopted an ordinance that prohibited the sale of electronic cigarettes and e-liquid to minors. Commissioner Hamilton made a motion to recommended approval of Case as presented. The motion was seconded by Commissioner Saldana. The vote was as follows: Ayes: 7 Chairman Brooks, Vice-Chairman Strother, Commissioners Deeds, Hamilton, Saldana, Thierry and Martin. Nays: 0 Chairman Brooks declared the motion carried unanimously. V. Case No CONDUCT A PUBLIC HEARING and consider a request for Conditional Use Permit for an Auto, Truck, Trailer Dealer (Primarily Used), within the I Industrial zoning district, being 1.28 acres, Lot 1, Marble Estates Addition, located at 1201 S. Cedar Hill Rd., Cedar Hill, TX 75104; requested by William Bailey on behalf of Silver Star Motors. Mr. Gore stated the applicant is proposing to utilize three existing metal buildings located on 1.2 acres to sell used cars. The applicant indicated that it s not a traditional used car lot, in that most of the sales would be generated by the internet and most of the vehicles would be stored indoors. The hours of operation would be from 9AM to 6:30PM. The zoning ordinance requires one loading area at a size of 10 x45. Staff recommends applicant revise site plan to show this. Mr. William Bailey, 1142 Pleasant Dr., Midlothian, TX, and Mr. George Dolezal, 5010 Monroe Dr., Midlothian, TX presented the request to sale used cars via the internet and storing the vehicles in a storage building. Chairman Brooks opened the public hearing for anyone wishing to speak in support of this request. No one spoke. Chairman Brooks closed that portion of the public hearing and opened the floor for anyone wishing to speak in opposition of this request. No one spoke. Chairman Brooks closed the public hearing and opened the floor for discussion. Commissioner Deeds asked if this was a new business or if they were relocating. He also asked if the cars were ready for sale or would there be any maintenance required like changing and disposing of oil, antifreeze, etc. Would the vehicles be stored indoors and/or outdoors.

3 City of Cedar Hill Planning and Zoning Commission August 19, 2014 Page 4 of 5 Mr. Bailey stated that they were relocating from Arlington. He stated part of the facility would be where the vehicles would have detailed work done before going to the showroom for internet sales. Most of their customers are out of state. Any auto maintenance services would be sub-contracted out to other companies. The majority of the vehicles would be stored in a storage building with an area outdoors for overflow. Commissioner Hamilton asked what kind of vehicles they would be selling and if the applicant provided warranties on the vehicles. Mr. Bailey stated they mostly sale work trucks, three quarter ton trucks and high class cars. They also issue warranties on these vehicles. Commissioner Thierry asked how long the cars are kept in their inventory and if they ship the vehicles or if the customer picks them up at the site. Mr. Bailey stated that 80% of their vehicles are kept no longer than 27 days and those vehicles are shipped as well as the customer picking them up. Commissioner Hamilton asked if the applicant sold to just the customer or to dealerships as well. Mr. Bailey stated they sell to the customer, dealerships as well as to municipalities. They also offer financing. Vice-Chairman Strother asked if they purchase their vehicles from auctions. Mr. Bailey stated their vehicles are purchased from auction houses as well as many avenues such as franchise stores. Commissioner Deeds made a motion to recommended approval of Case subject to applicant revising the site plan to show the location of a 10 x45 loading dock. The motion was seconded by Commissioner Martin. The vote was as follows: Ayes: 7 Chairman Brooks, Vice-Chairman Strother, Commissioners Deeds, Hamilton, Saldana, Thierry and Martin. Nays: 0 Chairman Brooks declared the motion carried unanimously. VI. Staff Reports & Discussion Items 1. Recent Submittals Mr. Gore reviewed the recently submitted cases with the Commission. Mr. Tyler reported that the City Council had a joint meeting with the EDC and a consultant gave a preliminary study of the old Phillips Properties which indicated that the market and timing was

4 City of Cedar Hill Case Conditional Use Permit Map Printed - Aug, 2014 Cedar Hill Planning Department Aerial Photography - Spring Feet 1 inch = 150 feet C H ii ll ll d aa rr H C ee d 200 foot Notification Area d nd W W aa n C H ii ll ll d aa rr H C ee d. Lot 1, MARBLE ESTATES 1.28 acres, 1201 S. Cedar Hill Rd Subject Property

5 City of Cedar Hill P.O. Box 96 Cedar Hill, Texas fax TO: FROM: SUBJECT: Rod Tyler, Director of Planning Don Gore, Planner Case No Conditional Use Permit for Used Auto/Truck/Trailer Dealer at 1201 S. Cedar Hill Road DATE: August 19, 2014 APPROVAL PROCESS: Section B of the Zoning Ordinance requires a conditional use permit/site plan approval for Auto, Truck, Trailer Dealer (primarily used) within the Industrial District, which requires consideration by Planning and Zoning Commission and City Council. Per Section the Planning and Zoning Commission is required to conduct a public hearing prior to formulating a recommendation which will be forwarded to City Council for their September 9, 2014 consideration. Notice of the public hearing was published in the Focus Daily News on August 11, 2014, and notification of the public hearing was mailed to property owners within 200 ft. of the subject property. ITEM SUMMARY: The applicant is proposing utilizing 3 existing metal buildings located on 1.2 acres to sell used cars. The property is zoned Industrial, which requires a conditional use permit (CUP) for used auto, truck, trailer sales. A conditional use is a land use, which, because of its unique nature, may be compatible with the permitted land uses provided the applicant demonstrates the negative impacts associated with the use have been mitigated. The applicant has indicated the business is not a traditional used car lot, in that most of the sales would be generated by the internet. The letter of intent, which is attached, states that the hours of operation are from 9AM - 6:30PM. The applicant is proposing to store the majority of the car inventory within a 10,764 sq. ft. metal building and use the 5,927 sq. ft. building, to the west, for auto detailing. Lastly, the applicant is proposing to use the 1,174 sq. ft. building, located along Cedar Hill Road, as a sales office. The Zoning Ordinance requires one loading space, however the submitted site plan does not show the required 10 x 45 loading area. Staff recommends the applicant revise the site plan to show the 10 x 45 loading space on the site plan. STAFF RECOMMENDATION: Staff recommends approval of the proposed conditional use permit with the following conditions: 1. The applicant revise the site plan to show a 10 x45 loading area prior to obtaining building permit.

6 APPLICATION SUBMITTAL DATE: Original Application Date (July 14, 2014) Revision Submittal Date (August 13, 2014) ZONING AND LAND USES: Subject Property Dallas Marble Inc. / zoned Industrial North - East - South West Granit Manufacturing / zoned Industrial Single Family Residences / zoned SF-22 Center Line Curtain Manufacturer / zoned Industrial BNSF Rail Road / zoned Industrial Discussion: The property is zoned Industrial, which allows used auto sales provided that a conditional use permit is issued by City Council. The criteria in which to evaluate conditional use permits is found in section of the Zoning Ordinance, and are attached. The current Industrial development standards requires a 25 minimum front yard building set back, the existing structure does not meet this requirement. However; since the building was lawfully built prior to the 25 front yard requirement, it is a legally existing nonconforming building and may be used and maintained in a state of good repair. ACCESS/CIRCULATION: Adjacent Streets: South Cedar Hill Road, 75 feet of Right-of-Way, Class II Minor Arterial The submitted site plan shows two access drives along Cedar Hill Road. The two access drives are connected through a 24 looped concrete fire lane that provides internal circulation within the subject property. PARKING: Proposed Use: Required Number of Spaces: Total Required: Total Provided: Auto, Truck, Trailer Dealer (primarily used) 1 space per 1,000 sq. ft. and 1 space for 500 sq. ft. of office space 18 parking spaces 18 parking spaces LOADING SPACES: The Section of the Zoning Ordinance requires one loading spaces for structures with a gross floor area between 10,001 to 50,000 sq. ft. The site plan doesn t show the required 10 x 45 loading area. Staff recommends the applicant revise the site plan to show the 10 x 45 loading space on the site plan. W:\CASES\2014\ CUP Silver Star Motors\Staff Report\Silver Star Staff Report b.doc

7 LANDSCAPING REQUIREMENTS: The proposed plan is consistent with the Landscape Requirements specified in the Zoning Ordinance. The Zoning Ordinance requires at least one tree of at least 3 caliper based on the square footage of the street yard. If 5% of the required landscaped area is less than 10,000 sq. ft., one tree per 1,000 sq. ft. is required. The proposed landscape plan shows that the min. square footage to be 2,798 sq. ft, which requires the applicant to provide 3 street trees. The proposed landscape plan shows the applicant providing 14 street trees within the street yard. The proposed landscape plan complies with the landscape requirements specified in the Zoning Ordinance. SCREENING REQUIREMENTS: The Screening Requirement for this zoning district requires masonry or living screening. Section 5.3 Screening Requirements in the Zoning Ordinance, requires a masonry screening wall between 6-8 in height, along the property line between non-residential and residential uses. Across Cedar Hill Road are residential uses, and therefore the applicant has provided a 6 wrought iron fence with landscaping to provide screening from the proposed use. The proposed site plan complies with this and all other required screening requirements outlined in the Zoning Ordinance. LIGHTING AND GLARE REGULATIONS: The applicant will be responsible for complying with lighting standards within the Zoning Ordinance. The applicant has provided a note on the plans stating that all lighting will be dark sky compliant as well as compliant with the lighting standards within the Zoning Ordinance. PUBLIC IMPROVEMENTS: Sidewalks: Hike and Bike Trails: Road Improvements: Utilities: Not Applicable (All sidewalk improvements are on-site) Not Applicable (No proposed trail proposed near the site) Not Applicable (No Road improvement necessary) Not Applicable (All water & sewer improvements are on-site) Discussion: The governing Subdivision Ordinance requires a minimum of 4 wide sidewalks constructed along all publically dedicated streets except within areas zoned for industrial purposes and along US Highway 67. The subject property located within the Industrial District, therefore the applicant is not responsible for constructing sidewalks at this time. The Parks Master Plan does not show a proposed hike and bike trail near the subject property. Therefore, the applicant is not required to construct a portion of the Hike and Bike Trail. All the necessary water and sanitary sewer utilities are provided to the subject property, and therefore the applicant is not responsible for any water and sanitary improvements. DRAINAGE: The proposed final plat accommodates for storm water detention in a detention pond located along the street. The applicant will be responsible for all drainage W:\CASES\2014\ CUP Silver Star Motors\Staff Report\Silver Star Staff Report b.doc

8 associated with the subject property. Grading and drainage plans are subject to review and approval by the City Engineer prior to the recording of the final plat. OPPOSITION TO OR SUPPORT OF REQUEST: Staff has not received any comments in support of or opposition to this request. ATTACHMENTS: Letter of intent Proposed Site Plan Proposed Landscape Plan Elevations W:\CASES\2014\ CUP Silver Star Motors\Staff Report\Silver Star Staff Report b.doc

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13 LEGAL NOTICE - PAGE 1 PUBLISH - Sunday, August 3, 2014 CITY OF CEDAR HILL NOTICE OF PUBLIC HEARING NOTICE is hereby given to all interested persons that the Planning & Zoning Commission of the City of Cedar Hill, Texas will conduct a public hearing on Tuesday, August 19, 2014 at 6:00 p.m. in the Turk Cannady Cedar Hill Room, 285 Uptown Blvd. Building 100, Cedar Hill, Texas for the purpose of obtaining public comment regarding the following: Case No a request for a Conditional Use Permit for a convenience store within the LR (Local Retail) zoning district, being part of Lot 2R, located at 125 N. Clark Rd., Ste. 110, Cedar Hill, TX Case No a request for a Conditional Use Permit for an Auto, Truck, Trailer Dealer (Primarily Used), within the I Industrial zoning district, being 1.28 acres, located at 1201 S. Cedar Hill Rd., Cedar Hill, TX Should the Planning & Zoning Commission recommend approval; the City Council will consider the recommendation of the Planning & Zoning Commission on the above request during their regular meeting on Tuesday, September 9, 2014, at 7:00 p.m. in the Turk Cannady Cedar Hill Room, 285 Uptown Blvd. Building 100, Cedar Hill, Texas. All interested persons are invited to attend and make comments. Written comments will also be accepted. More information regarding this request can be obtained from the Planning Department, 972\ x 1081.

14 Planning Department 285 Uptown Blvd., Cedar Hill, TX O X 1081 F August 7, 2014 NOTICE OF PUBLIC HEARINGS Proposed Conditional Use Permit The City of Cedar Hill has received the following request for a Conditional Use Permit. As with all such requests, the Planning and Zoning Commission and City Council are seeking public comment regarding this matter. NOTICE is hereby given to all interested persons that a public hearing will be conducted to consider Case No ; for a Conditional Use Permit for an Auto, Truck, Trailer Dealer (Primarily Used), within the I Industrial zoning district, being 1.28 acres out of Lot 1, Marble Estates Addition, located at 1201 S. Cedar Hill Rd., Cedar Hill, TX 75104; requested by William Bailey on behalf of Silver Star Motors. PLANNING AND ZONING COMMISSION TIME: 6:00 P.M. DATE: Tuesday, August 19, 2014 LOCATION: Turk Cannady Cedar Hill Room 285 Uptown Blvd. Building 100 Cedar Hill, TX CITY COUNCIL TIME: 7:00 P.M. DATE: Tuesday, September 9, 2014 LOCATION: Turk Cannady Cedar Hill Room 285 Uptown Blvd. Building 100 Cedar Hill, TX All interested persons are invited to attend and make comments. Written comments will also be accepted. For more information regarding this request please contact the Planning Department at (972) Ext or in writing to City of Cedar Hill, Attn: Planning Department, 285 Uptown Blvd. Bldg. 100, Cedar Hill TX Respectfully, Rod W. Tyler Director of Planning MAYOR, ROB FRANKE MAYOR PRO TEM, DANIEL C. HAYDIN, JR. STEPHEN MASON JAMI MCCAIN CHRIS PARVIN CLIFFORD R. SHAW WALLACE SWAYZE CITY MANAGER, ALAN E. SIMS CedarHillTX.COM

15 Joe B. Ballard, Jr Ravenswood Rd. Granbury, TX Carpentry Association, Inc Joe Wilson Road Midlothian, TX McNeely Family Irrevocable Trust P. O. Box Dallas, TX Center Line Curtains, Inc S. Cedar Hill Road Cedar Hill, TX Richard B & Susan N Benton 1213 S. Cedar Hill Rd. #B Cedar Hill, TX James Travis Brann 735 Wand Dr. Cedar Hill, TX Weaver Victoria Life Estate 1236 S. Cedar Hill Rd. Cedar Hill, TX BNSF Railway % Property Tax Dept. P. O. Box Fort Worth, TX