From
Monica Espinoza, Executive Assistant
Title
SU191101A - Specific Use Permit Renewal - Kia Auto Sales (City Council District 5). Renew a Specific Use Permit (SUP) for Internet Auto Sales and amend the SUP to add Major Auto Repair. Lot 446R of Burbank Gardens Unit 2, zoned Commercial (C), within the Central Business District No. 4, and addressed as 3118 E Main St. (On December 14, 2020, the Planning and Zoning Commission recommended approval to renew this SUP by a vote of 8-0).
Presenter
Savannah Ware, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
SU191101A - Specific Use Permit Renewal - Kia Auto Sales (City Council District 5). Renew a Specific Use Permit (SUP) for Internet Auto Sales and amend the SUP to add Major Auto Repair. Lot 446Rof Burbank Gardens Unit 2, zoned Commercial (C), within the Central Business District No. 4, and addressed as 3118 E Main St.
PURPOSE OF THE REQUEST:
The purpose for this request is to consider a twelve (12)-month review and renewal of Specific Use Permit-1083 for compliance with the applicable codes and conditions as required by Ordinance No. 10770-2019. During this review, the applicant requests consideration to amend SUP-1083 allowing for Major Auto Repair use component onsite replacing the approved private vehicle maintenance’s space.
In November 19, 2019, City Council granted Specific Use Permit (SUP-1083) for an Internet Auto Sales and Private Vehicle Maintenance use on a commercial site. The ordinance requires twelve (12)-month review for compliance with the conditions of SUP-1083. The .36-acre property is zoned Commercial (C) District and is located within the Central Business District (CDB) Section 4. The property is generally located at the northeast corner of E. Main Street and NE 32nd Street, specifically addressed at 3118 E. Main Street. The 7,000 square foot building was previously used as a wood shop. The applicant has successfully repurposed the building and site into an internet automotive sales and private vehicle maintenance facility.
ADJACENT LAND USES AND ACCESS:
The following table summarizes the zoning designations and existing use for the surrounding properties.
|
Direction |
Zoning |
Existing Land Use |
|
North |
Commercial (C) District |
Vacant |
|
East |
Commercial (C) District |
Long’s Motorcycle Shop |
|
West |
Commercial (C) District |
Used Auto Sales |
|
South |
Light Industrial (LI) District |
Industrial Outdoor Storage Use |
Primary access to the site shall be from an existing commercial drive along E. Main Street. A private concrete drive was recently constructed to serve as vehicle inventory and provide access to the rear of property.
SUP-1083 RENEWAL CONSIDERATION:
The current operator of the business is registered with the city’s Auto-Related Business (ARB) program and has been in good-standing with no code and/or environmental notices, citations or violations for non-compliance. Ordinance No. 10770-2019 requires the applicant provide certain improvements (within 12-months) to the building’s front elevation facing the street and install landscape elements as a complimentary feature visible from the street. The applicant has installed unique awnings above the front windows and landscape planters along the front of the building. The operator/applicant complies with applicable codes and ARB regulations and the adopted SUP-1083 conditions.
SUP-1083 REQUIREMENTS AND REQUEST TO AMEND:
SUP-1083 limits the Internet Auto Sales use to inside the building. The SUP allows for auto storage inventory on the eastern and rear portion of the site, with no vehicles for sale visible from the public view. Private Vehicle Maintenance is allowed for auto make-ready and other minor repairs in conditioning vehicles for resale.
Major Auto Repair uses are not permitted by-right within the Commercial zoning districts per Article 4, “Permissible Uses” of the Unified Development Code, Article 4, Section 15, ‘Use Charts’. As noted on the applicant’s operational plan; the proposed major auto repair function shall be limited to the 1,636 SF lease space/shop and restricted to the following auto-related repairs:
• Tune-ups
• Electrical Work
• Front-end repair including shocks, struts, control arms.
• Engine Repair
PARKING AND OVERALL FUNCTIONS:
Adequate customer parking is being provided up front and to the east of the building (12 spaces). Employee and customer completed vehicle repair spaces (4 spaces) are located towards the rear of the facility. The remodel of the building shall provide for one overhead roll-up doors located on the front of the facility and one on the rear (used for proposed repair shop). The remaining elements and functions of the facility shall provide for an interior showroom, customer waiting areas, and offices and mechanic workspace towards the rear of the building.
General Operations:
According to the Operational Plan and discussion with the applicant, the single tenant facility will be open Monday through Saturday from 11:00 AM to 6:00 PM. Internet Auto Sale requirements restricts outdoor auto inventory displays. Inventory must be displayed virtually. The applicant proposes to maintain interior auto inventory with an interior repair shop in lieu of the private vehicle maintenance component of the operation.
APPLICABLE DEVELOPMENT STANDARDS:
This site shall conform to the Auto-Related Business (ARB) Standards. In conjunction with the ARB standards, staff recommends no outside repair and/or storage of parts and materials. Parking of vehicles shall be on designated areas.
STAFF COMMENTS:
During the 12-months in operation there has been no citations and/or notices of violations from Code and Environmental Health Departments and the applicant’s is registered with the City ARB program in good standing.
The applicant has provided the required improvements to the site (landscape planters) and building’s facade (glass canopies) per the adopted ordinance.
RECOMMENDATION:
Staff recommends approval of the Specific Use Permit with the following conditions:
• Inventory cars be kept inside the building or within a gated area behind the Main Street-facing side of the building, and not be advertised as ‘For Sale’ in any manner that may attract drive-by customers. Such advertising shall include, but not be limited to, attention-attracting devices such as banners, flags, streamers, balloons, adhesive letters, numbers, or graphics on bodywork or windows, paint, chalk, or plastic or cardboard sheeting used for advertising purposes. This prohibition includes the use of such devices on the premises and on the vehicles. The applicant is allowed one permitted permanent sign covering no more than 15% of the Main Street-facing facade, with no changeable copy or digital signage.
• Limit on-site mechanic work to the inside of the building.
• Any violation of the SUP or the ARB ordinance shall be subject the operator to revocation proceedings.
Planning & Zoning Commission recommends approval subject to DRC's recommendation by vote of 8-0.
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 RENEW A SPECIFIC USE PERMIT FOR INTERNET AUTO SALES AND AMEND THE SPECIFIC USE PERMIT TO ALLOW MAJOR AUTO REPAIR, LOT 446R, BURBANK GARDENS ADDITION, UNIT 2, CITY OF GRAND PRAIRIE, 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 PENALTY; A SAVINGS CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE, APPROVAL AND PUBLICATION.
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 renew a Specific Use Permit for Internet Auto Sales and amend it to allow Major Auto Repair in a Commercial (C) District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on December 14, 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 renewal of a Specific Use Permit for Internet Auto Sales and amendment to the Specific Use Permit to add Major Auto Repair in a Commercial (C) District; 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 8 to 0 to recommend approval to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to renew a Specific Use Permit for Internet Auto Sales and amend the Specific Use Permit to allow Major Auto Repair in a Commercial (C) District; 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 January 5, 2021 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 THAT:
SECTION I. 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 renew Specific Use Permit Number 1083 (SUP-1083) for Internet Auto Sales and amend Specific Use Permit Number 1083 to allow Major Auto Repair on Lot 446R of Burbank Gardens Unit 2, City of Grand Prairie, Dallas County as depicted in Exhibit B - Site Plan, which are incorporated herein by reference.
SECTION 2: 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: For the development and operation of an Internet Auto Sales & Major Auto Repair business within the Commercial (C) District; the following standards and conditions are hereby established as part of this ordinance:
1. The development shall conform to the City Council approved Site Plan (Exhibit B - Site Plan), with the following provisions:
a) Delivery of inventory limited to drivable vehicles.
b) Interior showroom vehicle inventory, No external advertising of vehicle sales.
c) Designate inventory limited to interior showroom and eastern portion of site and behind gate.
d) Major Auto Repair limited to 1,636 sf lease space only.
2. As outlined within the Operational Plan contained within the Specific Use Permit Application File No. SU191101A/S191101A, 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, including loading or unloading of vehicles; and
B. Major Auto Repair Services shall be conducted indoors; and
C. There shall be no outside storage; and
D. No inoperable vehicles shall be stored on-site for the purposes of repair and/or resale; and
E. 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
F. The property shall accommodate only one tenant at a time with no subleasing of building space or parking spaces to any tenant other than the business holding the Certificate of Occupancy; and
G. All operations shall maintain compliance with all federal, state, and local environmental regulations; and
H. All operations shall maintain compliance with City Ordinance No. 7408 Automotive Related Business (ARB) regulations; and
I. 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 SUP Ordinance, this Specific Use Permit shall automatically terminate if a Certificate of Occupancy is not issued for a Specific Use Permit for Used Auto Sales; 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 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 site 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. 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. All ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 9. That this Ordinance shall be in full force and effect from and after its passage, approval and publication.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS the 5th of January, 2021.
ORDINANCE NO. 10954-2020
SPECIFIC USE PERMIT NO. SUP-1083A
ZONING CASE NO. SU191101A/S191101A