From
Chris Hartmann
Title
SU150301A - Specific Use Permit Renewal - 3435 Roy Orr Blvd (City Council District 1). Renewal of a of a Specific Use Permit for Used Auto Sales in a Light Industrial (LI) District, within the SH 161 Corridor Overlay District, and located at 3435 Roy Orr Blvd. (On June 6, 2016, the Planning and Zoning Commission recommended approval to renew this SUP by a vote of 9-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
PURPOSE OF REQUEST:
A request for the indefinite renewal of a Specific USe Permit to develop this lot for the purposes of operating a used car lot for online sales. Pursuant to Article 4, “Permissible Uses,” of the Unified Development Code (UDC), a Specific Use Permit is required in order to operate a Used Auto Sales business. .
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Land Use |
|
North |
Light Industrial, SH 161 Overlay |
Warehouse/Light Industrial Uses |
|
East |
Light Industrial, SH 161 Overlay |
Warehouse/Light Industrial Uses |
|
West |
Light Industrial, SH 161 Overlay |
Warehouse/Light Industrial Uses |
|
South |
Light Industrial, SH 161 Overlay |
Warehouse/Light Industrial Uses |
BACKGROUND:
January 6, 2015: The Planning staff processed an application for the approval of a Specific Use Permit for Used Car Sales.
February 19, 2015: The Development Review Committee (DRC) meeting was held. Staff met with the applicant to discuss the proposal. The proposal was cleared to move forward subject to conditions found in the recommendation section of this report.
February 20, 2015: A legal notice was mailed to affected property owners and notice of the upcoming public hearing was published in the Fort Worth Star Telegram.
March 2, 2015: This item is scheduled to be heard by the Planning and Zoning Commission.
March 17, 2015: This item is scheduled to be heard by the City Council.
PROPOSED USE AND CHARACTERISTICS
General Information
The applicant will be operating an online used auto sales business, Golden Key Autoplex, within suite 300 of an existing building located at 3435 Roy Orr Blvd. Golden Key Autoplex specializes in the sales of European cars and sports cars, with a goal of building a reputation for rare and unique cars over the internet. The building currently has 3 suites. Suite 100 is occupied by Chapparal Machinery and suite 200 is currently vacant.
Operations:
As their submitted operational plan indicates, the applicant will not be attracting clients through traditional methods found throughout the city of Grand Prairie. Golden Key Autoplex is primarily internet based. A typical customer’s first interaction with Golden Key Autoplex will occur online through the internet. The client will search the websites data base for a vehicle meeting their desires. After selecting the vehicle of their choice, they can make an appointment to come to the site to personally inspect or test-drive the vehicle. After the client decides to purchase to, the appropriate paperwork and payment is finalized in the office.
The applicant intends to have no more than 14 vehicles on display at any given time. Due to the “low key” nature of the business model, these display vehicles will not be parked along the street rights-of-way. Instead, they will be located to the southeast of the property, as shown on the submitted site plan.
Make Ready Services
Detailing of the for sale vehicles will be performed by hiring others. No washing of the vehicles will occur onsite. Instead, they will be driven off-site and taken to a carwash facility. Repairs will be done in a similar manner. The intent of this site will be to store the display vehicles and to facilitate a location to allow their online customers to inspect the vehicles in person and provide an opportunity to test drive the vehicles of their choice.
Signs
The applicant does not wish this business to function as a typical used auto sales company. The applicant, as indicated in the operational plan, plans to operate this facility with no “attractive marketing devices,” other than those required by law, such as an “As Is Buyers Guide.” These required posting are no larger than a standard sheet of paper, 8 1/2in x 11in. The only signs the applicant will have will be those allowed with a permit, as stipulated in Article 9 of the Unified Development Code, such as wall signs and ground monument signs.
Parking and Access:
This property is accessible from Roy Orr Blvd and High Prairie Rd. No changes to access the access of the property are being proposed in this request.
This multi-tenant property, with the inclusion of a used auto sales business, will meet the on-site requirements of the Unified Development Code, as shown in the table below.
|
Standard |
Parking Rate |
Required |
Total Required |
Total Provided |
Meets |
|
Office/Showroom |
1/1000sqft |
12 |
20 |
38 |
Yes |
|
Auto Sales |
1/400sqft |
8 |
|
|
|
|
Handicapped Spaces |
1-25 Spaces |
1 |
|
|
|
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map (FLUM) of the 2010 Comprehensive Plan shows this area as appropriate for Light Industrial uses. With a specific use permit for used car sales, this development will be consistent with the FLUM.
REQUESTED APPEALS BY APPLICANT:
The applicant is not requesting any appeals
RENEWAL INSPECTION STATUS:
The property is in full compliance with Ordinance No. 9834-2015
RECOMMENDATION:
Staff recommends the indefinite renewal of Oridinance No. 9834-2015.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE ZONING ORDINANCE AND MAP BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR THE INDEFINITE RENEWAL OF A SPECIFIC USE PERMIT FOR USED AUTO SALES, TO WIT: LOT 2, BLOCK C, HIGH PRAIRIE BUSINESS PARK, DALLAS COUNTY, 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, on March 17, 2015, the Grand Prairie City Council approved, via Ordinance No. 9834-2015 (Planning Case File No. SU150301), a request for a Specific Use Permit for Used Auto Sales in the Light Industrial (LI) District; and
WHEREAS, said Ordinance required a one (1) year review of the existing Specific Use Permit for Used Auto Sales in the Light Industrial (LI) District via a public hearing process to verify compliance with the approved development standards and all applicable codes; and
WHEREAS, staff has verified that the subject property is in full compliance with the approved development standards and applicable codes, and
WHEREAS, staff now recommends, due to verified compliance with approved development standards and applicable codes, indefinite renewal of said existing Specific Use Permit for Used Auto Sales in the Light Industrial (LI) District, and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on June 6, 2016, following legal notice of such public hearing before the Planning and Zoning Commission had been published in the paper of record, for the proposed indefinite renewal of the existing Specific Use Permit for Used Auto Sales in the Light Industrial (LI) District, said Notice having been given not less than ten (10) days before the date set for hearing, and
WHEREAS, after consideration of said application, the Planning and Zoning Commission of the City of Grand Prairie, Texas voted 9 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to grant the indefinite renewal of existing Specific Use Permit for Used Auto Sales in the Light Industrial (LI) 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 June 21, 2016, 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 I.
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 949A for the property located as shown in Exhibit B - Location Map and as further described as follows:
3435 Roy Orr Blvd., also being described as being Lot 2, Block C, High Prairie Business Park, Dallas County, Texas.
SECTION 2: Definitions
Used Auto Sales: The sale of automotive vehicles, such as cars, pick-up trucks, vans, and sport utility vehicles, etc. For this ordinance, the primarily point of sale shall be online, through the use of the internet. After finding a vehicle online, the customer may come to the site to test drive vehicle and finalize the sale.
Make Ready Services: Make Ready Services of vehicles for sale, for this specific use permit ordinance, includes detailing, such as vacuuming and waxing, in order to make the cars ready for sale. On-site washing of vehicles will not be permitted.
SECTION 3: Specific Use Permit
3.1 FOR OPERATION OF A USED AUTO SALES BUSINESS WITHIN A LIGHT INDUSTRIAL (LI) DISTRICT.
1. The development shall conform to the City Council approved Site Plan;
2. As outlined within the Operational Plan contained within the Specific Use Permit Application File No. SU150301, and as more specifically stated and codified herein, the development shall adhere to the following operational standards:
A. The primary use of the business shall be internet/online sales of a used automobiles with inventory vehicles being stored on-site, in accordance with the approved site plan labeled Exhibit A;
B. The office area of a business in conjunction with this SUP shall be located within Suite 300, as designated on the site plan.
C. All operations shall be conducted entirely on-site. The use of public rights-of-way for operational purposes, such as parking or display vehicle arrangement, shall be prohibited;
D. All vehicle parking shall be parked on city approved surfaces;
E. All vehicles for sale shall be parked within the display parking spaces, as shown on the site plan, labeled Exhibit A. All display parking spaces shall be a minimum of 9ft by 18ft;
F. The use of car haulers, trailers, wreckers, or any like vehicles for the delivery of inventory shall be prohibited;
G. No inoperable vehicles shall be stored on site for the purposes of repair and resale;
H. Make Ready Services of vehicles, as defined by this ordinance shall be allowed. All other washing or repair of vehicles shall be performed off-site, at another facility.
I. All operations shall maintain compliance with all federal, state, and local environmental regulations;
J. All operations shall maintain compliance with City Ordinance No. 7408 Automotive Related Business (ARB) regulations;
K. Must practice all best management practices listed in its storm water pollution prevention plan; and
3. Future expansions to this facility or revisions to the display parking area will require the submittal of a revised site plan for review and approval to the Planning Department.
3.2 FOR SIGNS RELATING TO A USED AUTO SALES BUSINESS
Per the submitted operation plan contained within the Specific Use Permit Application File No. SU150301, the use of attractive marketing signs shall be prohibited with the following exceptions;
1. In accordance with the Unified Development Code, any lawfully permitted wall signs or ground monument signs; or
2. Federal or State required postings, such as the “As is Buyers Guide”;
SECTION 4: Compliance
All development must conform to the approved Development Plans, which are herein incorporated by reference.
1. 1. By this Ordinance, this Specific Use Permit for Used Auto Sales in the Light Industrial (LI) District shall automatically terminate, in accordance with Section 5.4.1 of the Unified Development Code, upon cessation of said use for a period of six (6) months or more.
2. The operation of this Specific Use Permit 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.
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 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 21st Day of JUNE, 2016.
Ordinance nO. 10071-2016
specific use permit no. 949A
case no. SU150301A