From
Chris Hartmann
Title
SU171004 - Specific Use Permit - CarPick (City Council District 1). A Specific Use Permit for CarPick to operate Retail Auto Sales (used) within an existing industrial building at 3275 W. Trinity Blvd. with no outdoor or indoor display area or on-site customer sales. The applicant is Dan Miller. (On October 2, 2017, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0).
Presenter
David Jones, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
Specific Use Permit for CarPick to operate Retail Auto Sales (used) within an existing industrial building at 3275 W. Trinity Blvd. with no outdoor or indoor display area or on-site customer sales. The Property is zoned LI, Light Industrial, located on the west side of W. Trinity Boulevard, approximately 800-feet south of Trinity Ridge Drive.
ADJACENT LAND USES AND ACCESS:
North - Zoned LI, Light Industrial District, with industrial uses.
South - Zoned LI, Light Industrial District, undeveloped.
East - To the east is zoned LI, Light Industrial District, with industrial uses.
West - Trinity River floodplain
PURPOSE OF REQUEST:
The applicant, ACS Global, LLC, requests City Council approval of a Specific Use Permit for online-based Retail Auto Sales in an existing industrial building at 3275 W. Trinity Blvd.
CHARACTERISTICS AND FUNCTION:
Use:
The use is a fully online car buying business, with no on-site sales or service. The applicant proposes an initial stock of 200 vehicles with no outdoor display or storage of vehicles.
Employees and Hours of Operation:
The facility is expected to will employee approximately 15 people. The hours of operations will be Monday through Sunday from 8:00 AM and 7:00 PM.
Access and Parking:
Access to the subject property will be W. Trinity Boulevard. The front parking spaces will be employee only, with no parking of for-sale vehicles in the front of the building.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The subject property is designated as appropriate for Industrial Development on the Future Land Use Map (FLUM). The proposal is consistent with the FLUM.
RECOMMENDATION:
Planning Staff recommends approval of this Specific Use Permit for Retail Auto Sales subject to the following conditions:
a. No auto repair on-site.
b. No paint and body work on-site.
c. No salvage of vehicles on-site.
d. No inoperable vehicles may be parked or stored on-site.
e. Display banners, balloons, streamers, or other methods of attracting the motoring public to the business shall not be allowed.
f. Vehicles for sale must remain inside the building or in the west truck court, or when being brought to or taken from the site under their own power or upon a transport vehicle.
g. No vehicles for sale may be parked or displayed in parking stalls visible from the right of way.
h. The use shall comply with the approved Site & Operational Plan.
P&Z Recommendation
At its October 2, 2017 meeting, the Planning and Zoning Commission recommended approval by a vote of 8-0.
Body
AN ORDINANCE AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR A SPECIFIC USE PERMIT FOR RETAIL AUTO SALES IN A LI, LIGHT INDUSTRIAL DISTRICT, TO WIT: BEING A 5.869 ACRE TRACT OF LAND OUT OF THE W P CROCKER SURVEY, ABSTRACT NO. 1706, DALLAS COUNTY, TEXAS AND A 9.151 ACRE TRACT OUT OF THE W P CROCKER SURVEY, ABSTRACT NO. T384, TARRANT COUNTY, TEXAS, A TOTAL OF 15.02-ACRES OF LAND IN THE CITY OF GRAND PRAIRIE, TEXAS, 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 Retail Auto Sales in a LI, Light Industrial District; and;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on October 2, 2017, 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 Retail Auto Sales in a LI, Light Industrial 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 Retail Auto Sales in a LI, Light Industrial 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 P.M. on October 17, 2017 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 numbered 1033 for the property location described as follows:
BEING A 5.869 ACRE TRACT OF LAND OUT OF THE W P CROCKER SURVEY, ABSTRACT NO. 1706, DALLAS COUNTY, TEXAS AND A 9.151 ACRE TRACT OUT OF THE W P CROCKER SURVEY, ABSTRACT NO. T384, TARRANT COUNTY, TEXAS, A TOTAL OF 15.02-ACRES OF LAND IN THE CITY OF GRAND PRAIRIE, TEXA, as shown in Exhibit A - Location Map, which is incorporated by reference.
SECTION 2: Definitions
Used Auto Sales: The sale of used automotive vehicles, such as cars, pick-up trucks, vans, and sport utility vehicles.
SECTION 3: Specific Use Permit
FOR OPERATION OF A USED AUTO SALES BUSINESS WITHIN A LI, LIGHT INDUSTRIAL DISTRICT.
1. As outlined within the Operational Plan contained within the Specific Use Permit Application File No. SU171004, and as more specifically stated and codified herein, the development shall adhere to the following operational standards:
a. No auto repair on-site.
b. No paint and body work on-site.
c. No salvage of vehicles on-site.
d. No inoperable vehicles may be parked or stored on-site.
e. Display banners, balloons, streamers, or other methods of attracting the motoring public to the business shall not be allowed.
f. Vehicles for sale must remain inside the building or in the west truck court, or when being brought to or taken from the site under their own power or upon a transport vehicle.
g. No vehicles for sale may be parked or displayed in parking stalls visible from the right of way.
h. The use shall comply with the approved Site & Operational 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 Retail Auto Sales in a LI, Light Industrial District; 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.
7. 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
8. 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:
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 7:
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 17th of OCTOBER, 2017.
CASE NUMBER: SU171004
ORDINANCE NUMBER: 10376-2017
SPECIFIC USE PERMIT NUMBER: 1033