From
Monica Espinoza
Title
SU200701/S200701 - Specific Use Permit/Site Plan - Shift Forward Auto (City Council District 1). Specific Use Permit & Site Plan request for Auto Dealer (Internet Only). Lots 9 and10, Block B, Dalworth Park Addition, City of Grand Prairie, Tarrant County, Texas, zoned Commercial (C), within Central Business District No. 1, and addressed as 2429 Dalworth Street, Suite 102. The applicant is Maurice Williams and the owner is Michael Moussa. (On July 13, 2020, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0).
City Council Action: August 4, 2020
Presenter
Savannah Ware, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
A request to consider a Specific Use Permit and Site Plan to allow for Auto Dealer (Internet Only) on one lot on 0.24 acres. The request is specifically for a lease space (Suite 102). Lots 9 and10, Block B, Dalworth Park Addition, City of Grand Prairie, Tarrant County, Texas, zoned Commercial (C), within Central Business District No. 1, and addressed as 2429 Dalworth Street, Suite 102.
PURPOSE OF REQUEST:
The applicant is seeking a Specific Use Permit to operate an Internet Auto Sales business at 2429 Dalworth Street, Suite 102. Internet Auto Sales requires approval of a Specific Use Permit in Commercial zoning districts per Article 4, “Permissible Uses” of the Unified Development Code, Article 4, Section 15, ‘Use Charts’. The request for Internet Auto Sales uses limits vehicle inventory to the interior of building with no vehicles inventory for sale visible from the public view.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The existing single story, 6,500 square foot building was developed in mid-1980s for flex-space, office/warehouse businesses. The requested SUP space (1,750 sf) was more recently leased for Courier Business. The single story brick building consists of four separate suites with primary business entry doors orientated on the eastern side of the building and four overhead doors orientated to the east, not fronting Dalworth Street. The remaining spaces are being used for commercial and personal business serve uses. Primary access to the property is from two existing commercial driveways along Dalworth Street. Adequate visitor and employee parking is being provided up front and to the east of the building (21 spaces), The elements and functions of the facility shall provide for interior showroom, customer waiting areas and offices The site has limited opportunities for landscaping features; however, shrubbery is provided along the front and eastern portions of the building’s entryway.
General Operations:
According to the Operational Plan and discussion with the applicant, the single tenant Internet Auto Sales business will be open Monday through Friday from 10:00 AM to 7:00 PM and Saturday from 10:00 AM to 5:00 PM. Internet Auto Sale use restricts outdoor auto inventory display allowing for virtual storefront only. The applicant proposes to maintain interior auto inventory to 3 to 4 cars maximum. In accordance with the applicant’s operational plan, the business will occasional outsource make-ready and other minor auto repair including tune-ups and fluid changes with neighboring business when necessary. None of the above-mentioned auto-related functions shall be done on-site.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The subject property is designated as appropriate for Commercial, Retail & Office uses on the Future Land Use Map (FLUM). Commercial, Office and Retail typically include commercial uses appropriate for retail and office environments. The proposal is inconsistent with the FLUM.
Objective 15: Policy 11 of the Comprehensive Plan addresses Auto Related Business (ARB) by advocating for SUP requirement with conditions and standards when considered.
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.
REQUESTED APPEALS BY APPLICANT:
No appeals are being requested by the applicant.
RECOMMENDATION:
The Planning and Zoning Commission recommended approval by a vote of 8-0.
The Development Review Committee (DRC) recommends approval with the condition that operations comply with the City’s Auto Related Business ordinance.
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 ALLOW A SPECIFIC USE PERMIT FOR INTERNET AUTO SALES, LOTS 9 & 10, DALWORTH PARK ADDITION, BLOCK B, CITY OF GRAND PRAIRIE, TARRANT COUNTY, TEXAS, AND AS MORE PARTICULARLY ADDRESSED AT 2429 DALWORTH STREET, SUITE 102; 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 for a Specific Use Permit for Internet Auto Sales in a Commercial (C) District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on July 13, 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 Specific Use Permit for Internet Auto Sales 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 allow a Specific Use Permit for Internet 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 August 4, 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..."
and passed and approved November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit for Internet Auto Sales on Lots 9 & 10, Dalworth Park Addition, Block B, City of Grand Prairie, Tarrant County, Texas, and addressed as 2429 Dalworth Street, Suite 102, 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 Auto Dealer/Sales (Internet Only) is defined as a company other than an auto wholesaler that sells vehicles primarily over the internet to individual customers through a virtual storefront. Online auto dealers shall have no outdoor display of cars for sale.
SECTION 4. That for operations of an Internet Auto Sales Business, the following standards and conditions are hereby established as part of this ordinance:
1. The development shall conform to the City Council approved Exhibit B - Site Plan, of this ordinance, which is incorporated by reference.
2. Inventory shall be limited to drivable vehicles.
3. All inventory shall be located in the interior showroom only. There shall be no outdoor display of cars for sale or cars in inventory.
4. 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.
5. There shall be no outside storage.
6. No inoperable vehicles shall be stored on-site for the purposes of repair and/or resale.
7. 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.
8. The SUP lease space as referenced 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.
9. All operations shall maintain compliance with all federal, state, and local environmental regulations.
10. All operations shall maintain compliance with City Ordinance No. 7408 Automotive Related Business (ARB) regulations.
11. All operations shall adhere to all best management practices listed within its storm water pollution prevention plan.
SECTION 5. That the operations of Internet Auto Sales 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 the use for a period of six (6) months or more.
2. No later than 12 months following the issuance of a Certificate of Occupancy, the Specific Use Permit for Internet Auto Sales will be brought back to Council for review. Any violation to this SUP or the Grand Prairie Code of Ordinances prior to this date will be grounds for City staff to introduce revocation proceedings against the Specific Use Permit established by this ordinance.
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 6. 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 7. 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 8. 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 9. 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 10. That all ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 11. 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 4th of AUGUST, 2020.
ORDINANCE NO. 10869-2020
SPECIFIC USE PERMIT NO. 1091
ZONING CASE NO. SU200701/S200701