Title
Conduct a Public Hearing to Consider/Discuss/Act on the Request by O'Reilly Automotive, Inc., for Approval of a Specific Use Permit and Site Plan for an Indoor Automotive Parts Sales Building (O'Reilly Auto Parts), Approximately 0.78 Acres, Located on the West Side of Custer Road and Approximately 900 Feet North of Virginia Parkway.
Summary
MEETING DATE: November 2, 2010
DEPARTMENT: Development Services - Planning
CONTACT: Jennifer Cox, AICP, Director of Planning
Brandon Opiela, Senior Planner
Abra R. Nusser, Planner
RECOMMENDED CITY COUNCIL ACTION: Staff recommends denial of the proposed specific use permit due to close proximity of the subject property to residential uses.
Should the proposed specific use permit be approved; however, Staff recommends the following special ordinance provisions:
1. Auto parts sales (indoor) be an allowed use.
2. Approval of the specific use permit shall also constitute site plan approval.
Staff also recommends the following conditions on the site plan should the proposed specific use permit be approved:
1. The applicant satisfy the conditions as shown on the Standard Conditions for Site Plan Approval Checklist, attached.
Prior to the issuance of a building permit:
2. The applicant revise the site and landscape plans to provide a curb stop in addition to the proposed wheel stops for the parking spaces on the east and west sides of the building.
3. The applicant revise the site plan to state 33.1 parking spaces required instead of 33.0 in the site data table.
4. The applicant revise the site plan to change the "24' Fire Lane, Mutual Access &" label near the southeast corner of the subject property to read "24' Fire Lane, Mutual Access, & Drainage Easement."
5. The applicant revise the landscape plan to provide evergreen shrubs acceptable for six-foot screening (per the Approved Plant List) around the proposed dumpster enclosure.
6. The applicant revise the landscape plan to shade the proposed fire plan to match the site plan.
The applicant file a hold harmless agreement for the proposed monument sign near Custer Road, subject to the review and approval by the City Engineer, and provide the associated filing information on the site plan and associated plat.
ITEM SUMMARY:
· The applicant is proposing to construct a 6,615 square foot indoor automotive parts sales building (O'Reilly Auto Parts) on 0.78 acres, located on the west side of Custer Road and approximately 900 feet north of Virginia Parkway. Staff recommends denial of the proposed specific use permit due to close proximity of the subject property to residential uses.
· In 1998, a 215-acre tract of land located at the northwest corner of Virginia Parkway and Custer Road (including the subject property) was rezoned from Agricultural District to Planned Development District for Agricultural, Single Family Residential, and Neighborhood Business uses by Planned Development District Ordinance 98-08-44. At that time, Staff believed that the intersection was appropriate for a 17-acre neighborhood retail service district, however felt that the appropriate scope of uses should be limited to those uses that can provide the surrounding neighborhood with convenient services, while simultaneously those same uses should not create an adverse impact on the quality of life within the residential areas that they are designed to serve. Because of this concern, the ordinance that was approved by the City Council included a list of six uses that were specifically prohibited, including boardinghouse, dormitory, multi-family dwellings, half-way houses, auto parts sales, and service stations with auto repair facilities.
· In 2006, the Neighborhood Business tract was rezoned to allow additional uses (indoor auto parts sales and minor auto repair) with approval of a specific use permit by Planned Development District Ordinance 2006-04-039. At that time, Staff was not comfortable allowing these uses without knowing how the site would lay out, how it would be landscaped, and what the buildings would look like. By requiring the auto related uses with approval of a specific use permit, Staff, the Planning and Zoning Commission, and City Council would have more discretion in determining whether or not the proposed uses were appropriate. Staff also expressed some concern about allowing auto-related uses on Virginia Parkway or near the residential subdivision. By allowing the specific locations of each proposed use to be determined with each specific use permit application, Staff, the Planning and Zoning Commission, and City Council could evaluate each request in terms of use, location, site layout, and screening.
· The specific use permit application that was submitted by O'Reilly Auto Parts proposes an indoor auto parts sales use on a tract of land adjacent to existing single family residential uses on its north and west sides. Staff does not feel that, given the previous concerns related to indoor auto parts sales, this location is best for the use proposed. Staff has concerns that the adjacent residential homes will be negatively impacted by the amount of noise from activities associated with the opening and closing of car hoods and engine noise during testing in the parking lot, in combination with the late hours of operation of this particular business. There are other sites at this intersection, even on the same corner, which are not adjacent to existing single family residential uses that seem to be more suitable.
· The applicant has requested that a provision be included which would allow the approval of the specific use permit to also constitute site plan approval for the subject property. Should the specific use permit be approved, Staff recommends the conditions as listed above be met. Staff has reviewed the site plan and landscape plan for conformance with the Zoning Ordinance and is comfortable utilizing the specific use permit exhibits for both the site plan approval process and the specific use permit approval process.
· At the October 12, 2010 Planning and Zoning Commission meeting, the hours of operation and activities in the parking lot for the proposed business were discussed. A representative of the owner stated that work on vehicles is prohibited in the parking lot. However, it is important to note that most auto parts sales stores provide for battery and alternator testing in the parking lot which require the car to be running in order to perform the service.
· The applicant also stated at the meeting that the store would only be open until 8 p.m. Monday through Saturday and until 6 p.m. on Sunday. Staff cited the late hours of operation at the other existing McKinney O'Reilly Auto Parts stores (Monday through Saturday 7:30 a.m. to 10 p.m. and Sunday 8 a.m. to 9 p.m.) and explained that the late hours of operation in combination with the noise associated with specific services offered by O'Reilly Auto Parts, led to a Staff recommendation of denial.
BOARD OR COMMISSION RECOMMENDATION:
· On October 12, 2010, the Planning and Zoning Commission voted 7-0 to recommend approval of the proposed specific use permit/site plan as conditioned by Staff, with an additional condition requiring the applicant to provide an eight-foot masonry screening wall matching the existing screening wall appearance, instead of a six-foot masonry screening wall as required by the governing planned development district.