From
Chris Hartmann
Title
SU160204 - Specific Use Permit - Advanced Modern Performance (City Council District 1). Approve a Specific Use Permit permitting the operation of a specialty high-performance automotive modification shop primarily engaged in upgrading engines of late model performance style GM vehicles. The approximately 1-acre property, zoned Light Industrial (LI) District and located within the S. H. 161 Corridor Overlay District, is addressed as 247 Gilbert Circle, Suite A. The property is generally located west of Gilbert Circle and approximately 1/2 mile north of W. Shady Grove Road. The applicant is Bryan Pomeroy, AMP LLC and the owner is Larry Causey. (On February 1, 2016, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
SUMMARY:
SU160204 - Specific Use Permit - Advanced Modern Performance (City Council District 1). Consider a request to approve a Specific Use Permit permitting the operation of a specialty high-performance automotive modification shop primarily engaged in upgrading engines of late model performance style GM vehicles. The approximately 1-acre property, zoned Light Industrial (LI) District and located within the S. H. 161 Corridor Overlay District, is addressed as 247 Gilbert Circle, Suite A. The property is generally located west of Gilbert Circle and approximately 1/2 mile north of W. Shady Grove Road.
ADJACENT LAND USES AND ACCESS:
North - The property directly north is a developed industrial tract Light Industrial (LI) District.
South - The property directly south is a developed industrial tract zoned Light Industrial (LI) District.
East - Directly east of the subject property is Gilbert Circle, a local two-lane asphalt roadway. Farther west is a developed industrial tract zoned Planned Development (PD-149). North of the tract zoned PD-149 is a number of older single-family detached homes zoned Single-Family One (SF-1) District.
West - Immediately west of the subject property is the balance of the multi-tenant industrial development owned by Larry Causey Farther west is an undeveloped tract zoned Light Industrial (LI) District that back up to Bear Creek.
PURPOSE OF REQUEST:
Bryan Pomeroy, the owner/operator of Advanced Modern Performance LLC, seeks City Council approval of a Specific Use Permit application in order obtain authorization to operate a specialty high-performance automotive modification shop within a portion of an existing multi-tenant industrial space development that occupies 2.93-acres. Staff has classified the proposed automotive repair use as an Engine/Major Component Replacement (NAICS CODE 811111) as listed within the Use Charts of Section 14 of Article 4 of the Unified Development Code. This type of use requires specific use permit approval from City Council when the use is located within the Light Industrial (LI) District.
CHARACTERISTICS AND FUNCTION:
Use:
The subject 2.93-acre property is entirely developed and consists of two separate buildings, 11,981 sq. ft. and the 3,980 sq. ft., respectively. The property also contains concrete drive aisles and parking spaces, landscaping, and a shared two-bay dumpster enclosure. There is an existing 6-foot tall wood fence along the north, south, and west property lines. A detention pond is located at the southwest corner of the property. As this is a multi-tenant property, access to the property is gained via a shared driveway to/from Gilbert Circle. The property is owned by Larry Causey, who owns the abutting property to the north of the subject property.
Advanced Modern Performance, LLC, seeks to occupy and setup its automotive performance shop within an approximately 7,000 sq. ft. tenant space (2,000 sq. ft. office & 5,000 sq. ft. shop) of the larger building. According to staff discussion with the applicant and as contained in the Operational Plan, the company offers high performance modifications and upgrades to customer vehicles. The company specializes on modifications to 2009 and newer model Corvettes, Cadillac CTSVs, Camaros and other General Motor vehicles. Modifications to vehicles typically include the installation of aftermarket exhaust, high flow intakes, ported heads, supercharger systems and computer upgrades. All machine works will be outsourced and not performed on-site.
Included with the subject tenant space is an approximately 13,000 sq. ft. concrete pad located on the north side of the larger building. The applicant proposes to fence this area by tying into the existing wood fence, located on the north property line, with another 6-foot tall wood fence. Gates will be included to provide through access for emergency vehicles. The applicant proposes to use this space as staging area to pull customer vehicles in and out of the shop area. Vehicles may be parked in the staging area during the day waiting for services; however, no overnight parking is proposed. No exterior improvements, other than wood fencing and signage, are proposed.
Employees and Hours of Operation:
The company currently employs 3 people and will be open Monday through Friday between 10:00 AM and 7:00 PM. The facility may occasional operate on the week-ends.
Lot & Dimensional Standards:
The subject property is zoned Light Industrial (LI) District. The following table provides detailed dimensional requirement information. As proposed, the development meets or exceeds all minimum lot & dimensional standards.
|
Ordinance Provision |
LI Zone District Standards |
Existing Conditions |
Meets |
|
Min. Lot Size |
15,000 s.f. |
2.93 acres |
Yes |
|
Min. Lot Width |
100 ft. |
155.32 ft. |
Yes |
|
Min. Lot Depth |
150 ft. |
560.86 ft. |
Yes |
|
Front Yard Setback |
25 ft. |
87 ft. |
Yes |
|
Internal Side Yard |
20 ft. |
Approx. 90 ft. @ north side Approx. @ south side |
Yes |
|
Rear Yard Setback |
0 ft. |
176ft. |
Yes |
|
Bldg. Separation |
|
81 ft. |
Yes |
|
Bldg. Height |
50 ft. |
Less than 50 ft. |
Yes |
|
Bldg. Coverage |
85% |
12.6 % |
Yes |
Access and Parking:
Access to the subject property will be from Gilbert Circle. The driveway and all parking spaces are all existing concrete improvements. No new improvements are proposed.
|
Proposed Use/Parking |
Parking Rate/s.f. |
Required |
Proposed |
Meets |
|
Office (2,000sqft) & Shop (5,000sqft) |
1/400 |
18 |
21 |
Yes |
Building Elevations - Articulation and Masonry Standards:
No building elevations changes are proposed.
Landscape and Screening:
No landscaping changes are proposed. The applicant is proposing to add a 6-foot tall wood screening fence that runs 30-feet from and parallel to the front property line along Gilbert Circle. Screening fences that are less than 40-feet from the street right-of-way are required to be masonry. Fences that are set back 40-feet or more from the street right-of-way may be constructed of wood. The applicant is seeking a waiver of this standard.
Dumpster Enclosure:
The applicant is proposed to utilize a shared dumpster enclosure located on the subject property. The enclosure conforms to city standards.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The subject property is designated as appropriate for Light Industrial Development on the Future Land Use Map (FLUM). The proposal is consistent with the FLUM. Annually the City amends the FLUM to resolve conflicts between zoning and FLUM designations.
REQUESTED APPEALS BY OWNER/APPLICANT:
1. Masonry Screening Fence - the applicant is requesting an appeal of the Type 1 fence along the east property line.
RECOMMENDATION:
Development Review Committee recommends approval of the request.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE ZONING ORDINANCE AND MAP SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR A SPECIFIC USE PERMIT FOR A HIGH-PERFORMANCE AUTOMOTIVE MODIFICATION SHOP IN THE LIGHT INDUSTRIAL (LI) DISTRICT, TO WIT: BEING AN APPROXIMATELY 0.88 ACRE TRACT OF LAND SITUATED IN THE JOHN C. READ SURVEY, ABSTRACT NO. 1183, IN THE CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, AND AS MORE PARTICULARLY DESCRIBED BELOW; 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; 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 to allow for a High-Performance Automotive Modification Shop in the Light Industrial (LI) District; and
WHEREAS, planning staff categorized the High-Performance Automotive Modification Shop, which may include full engine replacement but more typically includes the installation of aftermarket exhaust systems, high flow intakes, ported heads, supercharger systems, computer upgrades and dyno tuning, as an Engine/Major Component Replacement (NAICS Code 811111) and Major Auto Repair (NAICS Code 811111) as defined by the Unified Development Code, and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on February 1, 2016, 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 the High-Performance Automotive Modification Shop in the Light Industrial (LI) 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 9 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to allow for a High-Performance Automotive Modification Shop 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 February 16, 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 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 numbered 988 for the property location as shown in attached Exhibit C - Location Map and as legally described as follows:
Being a tract of land out of the John C. Read Survey, Abstract No. 1183, in the City of Grand Prairie, Dallas County, Texas, said tract being more particularly described by metes and bounds as follows:
Commencing at the intersection of the centerline of West Gilbert Road and Josephine Road;
THENCE North with the centerline of West Gilbert Road, a distance of 389.90 feet to a point for corner;
THENCE S88° 25’ 15”E a distance of 25.00 feet to the West right-of-way line of West Gilbert Circle, a 40.00 foot R.O.W.;
THENCE S88°25’15”E a distance of approximately 23.00 feet for the Point of Beginning;
THENCE S88°25’15”E a distance of approximately 172.0 feet along the southern boundary line of Lot 2, Block 1, Causey Addition;
THENCE N00°17’06”E a distance of approximately 243.00 feet to the northerly most boundary line of Lot 2, Block 1, Causey Addition;
THENCE S88°51’47”E a distance of approximately 172.00 feet;
THENCE S00°00’03”E a distance of approximately 233.00 feet to the Point of Beginning and containing approximately 0.88 acres.
SECTION 2. PURPOSE AND INTENT
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: STANDARDS AND CONDITIONS
For operations of a High-Performance Automotive Modification Shop in the Light Industrial (LI) District, 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 and Unified Development Code.
2. The development shall adhere to the City Council approved Exhibit A - Site Plan and Exhibit B - Operational Plan.
3. Outside repair and/or service of vehicles is prohibited.
4. Salvaging of any kind is prohibited.
5. Overnight parking and/or outside storage of vehicles is prohibited. However, parking of vehicles within the screened parking area north of the shop is permissible during normal business hours.
6. All operations shall maintain compliance with City Ordinance No. 7408, Automotive Related Business (ARB) regulations.
SECTION 4: GRANTED APPEALS AND/OR EXCEPTIONS
The following appeals and/or exceptions of the above noted development standards are hereby approved.
1. Masonry Screening Wall - the requirement for a “Type 1” masonry fence to be built in accordance with Section 8.9.6.A of the UDC, due to the placement of a screening fence less than 40-feet from the Gilbert Circle street right-of way, is hereby waived thus allowing for a “Type 3” wood fence with metal posts.
SECTION 5: COMPLIANCE
All development must conform to the approved site plan and all exhibits incorporated herein, 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 Certificate of Occupancy 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.
2. Furthermore, by this Ordinance, the City Council shall conduct a public hearing one (1) year after City Council approval of this Specific Use Permit to confirm compliance with all applicable codes which shall include, but not be limited to, the requirements of this 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 number and title.
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:
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 8:
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 16TH DAY OF FEBRUARY, 2016.
Ordinance No. 10011-2016
Specific Use No. 988
Case No. SU160204