From
Chris Hartmann
Title
SU191101/S191101 - Specific Use Permit/Site Plan - Internet Auto Sales & Private Vehicle Maintenance, 3118 E. Main Street (City Council District 5). A Specific Use Permit to allow for Used Auto Dealer and Major Auto Repair uses on one lot on 0.36 acres. Lot 446R, Unit 2, Burbank Gardens Addition, City of Grand Prairie, Dallas County, Texas. Zoned Commercial (C) District and is located within Central Business District Four (CBD-4). Generally located northeast of E. Main Street and NE 32nd Street and addressed as 3118 E. Main Street. The owner is Klarash Ghorbani. (On November 4, 2019, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0).
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
SU191101/S191101 -Specific Use Permit/Site Plan -Kia Auto Sales (City Council District 5). A request to consider a Specific Use Permit and Site Plan to allow for Internet Auto Sales and Private Vehicle Maintenance uses on one lot on 0.36 acres. The subject property is zoned Commercial (C) District and is located within Central Business District Four (CBD-4). The property is generally located northeast of E. Main Street and NE 31st Street, specifically 3118 E. Main Street. The property is platted as Burbank Gardens, Unit 2, Lot 446R.
PURPOSE OF THE REQUEST:
Consider a request for approval of a Specific Use Permit for an Internet Auto Sales and Private Vehicle Maintenance use on a commercial site. The .36 acre property is zoned Commercial (C) District and is located within the Central Business District (CDB) Section 4. 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 proposes to repurpose the building and site to an internet automotive sales and private vehicle maintenance facility.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Land Use |
|
North |
Commercial (C) District |
Vacant |
|
East |
Commercial (C) District |
Long’s Motorcycle Shop |
|
West |
Commercial (C) District |
Omega Auto Sales |
|
South |
Light Industrial (LI) District |
Industrial Outdoor Storage Use |
Primary access to the site shall be from existing commercial drive along E. Main Street. An existing secondary private concrete drive is located on the eastern portion of the property. The secondary drive shall serve as access to the rear of property for inventory storage.
PURPOSE OF REQUEST:
The applicant is seeking a Specific Use Permit to operate an Internet Auto Sales and Private Vehicle Maintenance business at 3118 E. Main Street. 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 shall be limited to the interior building and allowing for auto storage inventory on the eastern and rear portion of the site, with no vehicles for sale visible from the public view.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The existing single story, 7,000 square foot building was previously used for a wood shop and fabrication business. The exterior construction consist of primarily stucco materials with metal portions on the front and side. Adequate customer parking is being provided up front and to the east of the building (12 spaces), with employee and customer completed vehicle repair spaces (4 spaces) 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. The remaining elements and functions of the facility shall provide for interior showroom, customer waiting areas, offices and mechanic workspace towards the rear of the building. The site has limited opportunities for landscaping features; however, the existing 312 sq. ft. landscape islands shall remain. In addition, the applicant has agreed to seek areas appropriate for landscape planters.
General Operations:
According to the Operational Plan (Exhibit C) and discussion with the applicant, the single tenant Internet Auto Sales and Private Vehicle Maintenance facility will be open Monday through Saturday from 11:00 AM to 6:00 PM. Internet Auto Sale use restricts outdoor auto inventory display allowing for virtual storefront only. The applicant proposes to maintain interior auto inventory with an interior private vehicle maintenance component of the operation. In accordance with the applicant’s operational plan, the maintenance shall be make-ready and other minor auto repair including tune-ups and fluid changes.
APPLICABLE DEVELOPMENT STANDARDS:
This site shall conform to the Auto-Related Business (ARB) Standards. In conjunction with the ARB standards, the business is required to register and be subject to annual inspections or as needed. Outside repair and/or storage of parts and materials is strictly prohibited. Violations are subject to citation. Parking of vehicles shall be on designated areas.
RECOMMENDATION:
DRC recommends approval of the Specific Use Permit for Internet Sales and Private Maintenance subject to:
• That 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.
• That the owner make improvements to the building facade within the next 12 months.
• Limit on-site mechanic work to the inside of the building, and that such work be limited to vehicles registered to the operator.
• Any violation of the SUP or the ARB ordinance shall subject the operator to revocation proceedings.
PZ RECOMMENDATION:
At its November 4, 2019 meeting, the Planning and Zoning Commission voted 8-0 to recommend approval subject to the applicant providing one item from Appendix F building design and installing additional plants within 24 months of occupancy. (Commissioner Coleman made the motion, seconded by Commissioner Smith.)
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 & PRIVATE VEHICLE MAINTENANCE, 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 SAVINGS CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL.
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 & Private Vehicle Maintenance in a Commercial (C) District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on November 4, 2019, 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 & Private Maintenance 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 7 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 & Private Vehicle Maintenance 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 November 19, 2019 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 the property location described for property described in Exhibit A - Location Map, which are incorporated herein by reference.
SECTION 2: Definitions
Auto Dealer/Sales (Internet Only): Means 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.
Private Vehicle Maintenance: The upkeep and maintenance of privately owned and registered vehicles. Acceptable accessory uses would include Make Ready Service.
SECTION 3: Specific Use Permit
FOR OPERATION OF AN INTERNET AUTO SALES & PRIVATE VEHICLE MAINTENANCE BUSINESS WITHIN THE COMMERCIAL (C) DISTRICT.
1. The development shall conform to the City Council approved Site Plan (Exhibit B - Site Plan), with the following provisions:
I. Delivery of inventory limited to drivable vehicles.
II. Interior showroom vehicle inventory, No external advertising of vehicle sales.
III. Designate inventory limited to interior showroom and eastern portion of site and behind gate.
IV. Auto maintenance and repair limited to private/register vehicles only.
2. As outlined within the Operational Plan (Exhibit C) contained within the Specific Use Permit Application File No. SU191101/S191101, 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. Private Vehicle Maintenance & Make Ready 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.
J. Owner shall make exterior improvements within twelve (12) months following issuance of a Certificate of Occupancy. Improvements shall face and be clearly visible from Main Street and consist of at a minimum of one (1) feature from Appendix F’s "Building Design" architectural requirements including but not limited to additional windows, contrasting bands of color in a neutral or earth tone, awnings, or cornices. In addition, the applicant shall provide landscaping visible from the street which may be in the form of pots or planters.
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 within six (6) months 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, City staff shall conduct an inspection twelve (12) months after City Council approval 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. Evidence of non-compliance may be grounds for revocation of the Specific Use Permit after a public hearing before the Planning and Zoning Commission and City Council.
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 all ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 7
That the terms 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 8
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 it may be amended, may be exercised in enforcing this Ordinance whether or not there has been a complaint filed.
SECTION 9
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 19th of NOVEMBER, 2019.
ORDINANCE NO. 10770-2019
SPECIFIC USE PERMIT NO. 1083
ZONING CASE NO. SU191101/S191101