From
Chris Hartmann
Title
SU191201 - Specific Use Permit - Tire Shop at 3106 E Main Street (Commissioner Moser/City Council District 5). A request to consider a Specific Use Permit to allow for Auto Tire/Wheels, Sales & Installation (Indoor) and Auto Repair (Minor) uses on one lot on 0.46 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 3106 E. Main Street. The existing lots are platted as Burbank Gardens, Unit 1, Lots 442 & 443. (On January 6, 2020, the Planning and Zoning Commission recommended denial of this request by a vote of 8-0). This case is being appealed per Article 1 Section 1.11.5.9 of the Unified Development Code (This case was tabled at the January 21, 2020 Council meeting.)
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Deny
Analysis
SUMMARY:
SU191201 - Specific Use Permit - Tire Shop at 3106 Main Street (City Council District 5). Specific Use Permit to allow Auto Tire/Wheel Sales & Installation with Indoor Display and Minor Auto Repair uses. Burbank Gardens, Unit 1, Lots 442 & 443, zoned Commercial (C) District and located within Central Business District Four (CBD-4) and addressed as 3106 E. Main Street.
PURPOSE OF THE REQUEST:
The applicant proposes to repurpose and make modifications to a former small manufacturing building to conduct Auto Tire/Wheel Sales & Installation with Indoor Sales and Minor Auto Repair.
ADJACENT LAND USES:
|
Table 1: Adjacent Zoning and Land Uses |
|
Direction |
Zoning |
Existing Use |
|
North |
Commercial (C) District |
Vacant |
|
East |
Commercial (C) District |
ARB (Omega Auto Sales) |
|
West |
Commercial (C) District |
Partially Developed |
|
South |
Light Industrial (LI) District |
Outdoor Storage |
Primary access to the site shall be from an existing commercial drive along E. Main Street and a secondary rear entrance along NE 31st Street. No loading or unloading of inventory or vehicles is allowed within the street.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The uses are proposed within an existing 15,000 square foot building. The building was sold in 2017 after having been previously used for a machine shop and fabrication business, and prior to that a sewing machine factory. The exterior construction consists of brick and concrete block materials and plate glass windows along the south facade. Metal awnings previous covered the windows but were recently removed.
Four customer parking spaces will be provided along the front and sides of the building, with remaining employee and customer completed vehicle repair spaces to be located inside the facility. Because the remodel of the building will remove a section of the south wall for four overhead roll-up doors, the remaining existing parking in front of the building will be restriped as a staging area. No work will be allowed on the outside of the building other than customer consultation.
The interior of the facility will provide for interior tire mounting area, customer waiting areas, offices and mechanic workspace. Auto Wheel and Tire Installation (Indoor) and Minor Auto Repair business use restricts outdoor tire and wheel inventory display allowing for temporary/movable racks of merchandise only. The applicant proposes interior tire mounting and repair with associated vehicle repair (alignments & suspension repair) component of the operation.
Minor Auto Repair consists of repair involving the following components:
Computer Diagnostic Computer Reflash
Alternator Change of oil and filter
Generator Fan belt or hoses
Starter Lamp replacement
Water pump Repair of flat tires
Battery (non‐hybrid or EV) Lubrication
Minor tune‐up
Brakes or other minor part thereof
The site has limited opportunities for landscaping features; however, two-dozen hedges will line the western perimeter along with four street trees along NE 31st Street edge. 312 sq. ft. landscape islands will remain.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The subject property is designated as 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:
If approved, the operator must register as an Auto-Related Business and shall conform to the requirements of Chapter 13, Article XX of the Grand Prairie Code of Ordinances, as amended. 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.
VARIANCES:
• Minimum parking standards for all ARB related uses is 1 space per 400 square feet with a minimum of six spaces available to visitors. The applicant is providing only four spaces.
RECOMMENDATION:
The Development Review Committee recommends denial of the Specific Use Permit request.
At its January 6, 2020 meeting, the Planning and Zoning Commission voted 8 to 0 to recommend denial. The applicant has appealed the decision to City Council.
Body
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND MAP SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR A SPECIFIC USE PERMIT FOR AUTO TIRE/WHEELS SALES & INSTALLATION WITH INDOOR DISPLAY AND MINOR AUTO REPAIR IN THE C, COMMERCIAL DISTRICT, ON PROPERTY DESCRIBED AS LOT 442 AND LOT 443, BURBANK GARDENS ADDITION, 0.459 ACRES OF LAND SITUATED IN THE D. F. PEARSON SURVEY, ABSTRACT NO. 1130, IN THE CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS; SAID ZONING ORDINANCE AND MAP 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 allow a Specific Use Permit for Auto Tire and Wheel Sales & Installation with Indoor Display and Minor Auto Repair in the C, Commercial District;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on January 6, 2020, after written notice of the public hearing on the proposed Specific Use Permit had been sent to owners of real property lying within 300 feet of the property on which the issuance of a Specific Use Permit for Auto Tire and Wheel Sales & Installation with Indoor Display and Minor Auto Repair in the C, Commercial District is proposed, the 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 Notice being served by depositing the same, properly addressed and postage paid, in the City Post Office; and
WHEREAS, after consideration of the request, the Planning and Zoning Commission of the City of Grand Prairie, Texas voted 8 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to allow a Specific Use Permit for Auto Tire and Wheel Sales & Installation with Indoor Display and Minor Auto Repair in the C, Commercial District; and
WHEREAS, the applicant requesting the Specific Use Permit appealed to the Director of Planning or designee the decision of the Planning and Zoning Commission within ten (10) calendar days of the decision, requesting that the application be forwarded to the City Council for consideration;
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 January 21, 2020, to consider the advisability of amending the Zoning Ordinance and Map and the recommendation 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 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 the 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 Permit for Auto Tire and Wheel Sales & Installation with Indoor Display and Minor Auto Repair should be granted on the property as herein provided, and that by reason of changed conditions, the Council 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 Zoning Ordinance and Map 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 as shown in attached Exhibit A - Location Map.
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, for operations of a Specific Use Permit for Auto Tire and Wheel Sales & Installation with Indoor Display and Minor Auto Repair, the following standards and conditions are hereby established as part of this ordinance:
1. The development shall maintain compliance with all Federal, State and Local regulations; including, but not necessarily limited to, all applicable standards and regulations of the Grand Prairie Municipal Code, Unified Development Code, and this ordinance.
2. The operator is required to register as an Auto Related Business and will be subject to regular inspections in accordance with Chapter 13, Article XX of the Grand Prairie Code of Ordinances.
3. The development shall adhere to Exhibit B - Site Plan and Exhibit C - Proposed Elevations with regard to operations, staging areas, parking layout, landscaping, and building appearance.
4. The interior of the facility will function as the tire mounting area, customer waiting area, offices, and mechanic workspace. Auto Wheel and Tire Installation (Indoor) and Minor Auto Repair business use restricts outdoor tire and wheel inventory display allowing for temporary/movable racks of merchandise only.
5. Minor Auto Repair consists of repair involving the following components:
Computer Diagnostic Computer Reflash;
Alternator;
Change of oil and filter;
Generator Fan belt or hoses;
Starter Lamp replacement;
Water pump;
Repair of flat tires;
Battery (non‐hybrid or EV);
Lubrication;
Minor tune‐up consisting of distributor cap, rotor and spark plug replacement;
Brakes or other minor part thereof
6. The functions listed above reflect the definition of “Minor Auto Repair” found within the Unified Development Code (UDC) at the time this ordinance was adopted. If future amendments are made to the UDC which change the definition of Minor Auto Repair, the most restrictive definition shall apply for the purposes of determining conformance with the UDC and this Ordinance.
7. If any of the uses authorized herein become legally non-conforming at any time in the future, they shall be regulated according to the provisions and procedures of Article 19 of the Unified Development Code, as amended.
8. No loading or unloading shall take place in the public right of way. Deliveries are restricted to the off-street portions of the building, provided that no delivery shall obstruct a designated parking stall.
9. No portion of the site may be subleased or subdivided for any reason, including for the repair or storage of any vehicle, including trucks, equipment, automobiles, or trailers.
10. Outdoor repair, including tire changes, and outdoor storage or display of merchandise is prohibited.
11. No later than twelve (12) months following issuance of a Certificate of Occupancy, the Specific Use Permit for Auto Tire and Wheel Sales & Installation with Indoor Display and Minor Auto Repair will be brought back to Council for review. Any violation of 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.
12. Signage shall comply with the Unified Development Code.
13. Prior to issuance of Certificate of Occupancy, the overhead doors along the west face of the building shall be removed and the openings concealed with masonry material matching the rest of the facade.
14. Semi-trailer truck traffic to and from the site is prohibited. Delivery by non-articulated box truck is allowed, provided that operations meet no. 8 above.
SECTION 4
That all development must conform to the approved site plan and all exhibits incorporated as exhibits to this ordinance, as well as those incorporated herein by reference.
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 building permit is not issued for said use within one (1) year after City Council adoption of this Ordinance, or upon cessation of said use for a period of six (6) months or more, or upon change of ownership or operator.
2. 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.
3. The Certificate of Occupancy shall note the existence of this Specific Use Permit by its number and title.
SECTION 5
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 ON THIS THE 4TH DAY OF FEBRAUARY, 2020.
Ordinance No. 10803-2020
Specific Use Permit No. 1085
Case No. SU191201