From
Chris Hartmann
Title
SU190902 - Specific Use Permit - Rocha Trucking (City Council District 5). A request for a Specific Use Permit for Major Auto Repair and Inoperable Vehicle Storage on 1.1 acres at the address 308 Bill Irwin Street. The subject property is zoned LI-LS, Light Industrial Limited Standards District. The property is located within Lots 13, 14 & 15, the south 80 feet of Lots 16 through 20, 21, 22, 23 & 24, Block L, Twin Airports Industrial Addition, and Lot 25R, Block L, Twin Airports Addition Revision, City of Grand Prairie, Dallas County, Texas. The agent is Tony Shotwell and the owner is Patricio Rocha. (On September 9, 2019, the Planning and Zoning Commission recommended approval of this request by a vote of 7-0).
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
Consider a request for a Specific Use Permit for Major Auto Repair and Inoperable Vehicle Storage on 1.1 acres at the address 308 Bill Irwin Street. The subject property, zoned LI-LS, Light Industrial Limited Standards, is located at the northwest corner of Young Street and Bill Irwin Street. The owner is Patricio Rocha.
ADJACENT LAND USES:
The following table summarizes the zoning designation and existing use for the surrounding properties.
|
Table 1: Zoning and Land Use |
|
Direction |
Zoning |
Existing Use |
|
North |
LI-LS |
Warehousing |
|
East |
LI-LS |
Engine Brother’s |
|
South |
LI-LS |
Edgar’s Transmissions |
|
West |
LI-LS |
Frontline Automotive |
HISTORY:
• The property was originally platted in 1929.
• Rocha Trucking has been in operation for over 25 years.
PURPOSE OF REQUEST:
This Specific Use Permit is being requested in order to bring the site and its various suites under compliance as well as establish a site plan. As per Exhibit D of the Operational Plan, the site is to be paved in phases. During the second year of operation, 33% of the crushed concrete is to be paved. An additional 33% of the crushed concrete is to be paved the third year. During the fourth year of operation, the rest of the crushed concrete will be paved to completion. Additionally, two suites are being added to the site plan outside of Rocha Trucking’s existing operation. They are RC Auto, Suite B, and Pancho Automotive, Suite C as listed on Exhibit B and D of the Operational and Site Plans.
STATUS:
Staff inspected the property and operations on August 20th and was accompanied by the Code Enforcement Division and the Environmental Services Department. The inspections conducted indicated that there are several violations that will need to be addressed before a CO is issued. Inspections noted the following violations:
• Work not being done under the canopy.
• Fire lane was not clear.
• Parts stored in the back of vehicles.
• Ledger of all the existing vehicles was unavailable.
• Vehicles double stacked and parked too close.
• Vehicles stored on crushed concrete did not have spill mats under them.
RECOMMENDATION:
DRC recommends the Planning & Zoning Commission approve this Specific Use Permit with the following conditions:
• No paint and body work on-site.
• No salvaging of vehicles on-site.
• No repair work will be permitted outside of the canopied footprint.
• Shall comply with approved Site & Operational Plan.
• That the fire lane be clear at all times.
• That the gas storage tank on the site be designated as empty.
• That the crushed concrete is maintained until paved according to Exhibit D of the Operational Plan.
• Any non-permitted uses must cease before a CO is issued.
• That a courtesy inspection be performed after 6 months to verify compliance.
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 AN AMENDMENT TO SPECIFIC USE PERMIT FOR MAJOR AUTO REPAIR AND INOPERABLE VEHICLE STORAGE IN A LIGHT INDUSTRIAL LIMITED STANDARDS (LI-LS) DISTRICT, TO WIT: BEING LOTS 13, 14 & 15, THE SOUTH 80 FEET OF LOTS 16 THROUGH 20, 21, 22, 23 & 24, BLOCK L, TWIN AIRPORTS INDUSTRIAL ADDITION, AND LOT 25R, BLOCK L, TWIN AIRPORTS ADDITION REVISION, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, AND BEING ADDRESSED AT 308 BILL IRWIN STREET; 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 amend the zoning designation of said site to include an amendment to Specific Use Permit for Major Auto Repair and Inoperable Vehicle Storage in the Light Industrial Limited Standards (LI-LS) District; and;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on September 9, 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 amendment to Specific Use Permit for Major Auto Repair and Inoperable Vehicle Storage in a Light Industrial Limited Standards (LI-LS) 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 unanimously to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to allow for a Specific Use Permit for Major Auto Repair and Inoperable Vehicle Storage in the Light Industrial Limited Standards (LI-LS) 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 September 17, 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 being addressed as 308 Bill Irwin Street and as shown in attached Exhibit A - Location Map and as legally described as Lots 13, 14 & 15, the south 80 feet of Lots 16 through 20, 21, 22, 23 & 24, Block L, Twin Airports Industrial Addition, and Lot 25R, Block L, Twin Airports Addition Revision, City of Grand Prairie, Dallas County, Texas
SECTION 2: STANDARDS AND CONDITIONS
For operations of a Specific Use Permit for Major Auto Repair and Inoperable Vehicle Storage in a Light Industrial Limited Standards (LI-LS) 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 an Unified Development Code.
2. Any zoning, land use requirements and restrictions not contained within this specific use permit ordinance shall conform to those requirements specified in the Light Industrial Limited Standards (LI-LS) District as adopted and amended in the Unified Development Code (UDC). Where there is a conflict between the UDC and this ordinance, unless explicitly contained in this ordinance, the more restrictive shall prevail.
3. The development shall adhere to the City Council approved Exhibit B - Site Plan and Exhibit C - Floor Plan and Exhibit D - Operational Plan.
4. All operations shall maintain compliance with City Ordinance No. 7408, Automotive Related Business (ARB) regulations.
5. Salvaging of any kind is prohibited.
6. The use of public rights-of-way for parking or storage of a vehicle or vehicles, including those owned or otherwise controlled by a customer, employee/owner, or visitor, is hereby prohibited.
7. All development and use of the site will be required to meet minimum performance standards relating to noise, glare, smoke or particulate matter, odorous matter and vibration as specified in the Unified Development Code.
8. No paint and body work on-site.
9. No repair work will be permitted outside of the canopied footprint and repair bays.
10. That the fire lane be clear at all times.
11. That the gas storage tank on the site be designated as empty and not be utilized.
12. That the crushed concrete is maintained until paved according to Exhibit D of the Operational Plan.
13. Any non-permitted uses must cease before a CO is issued.
14. That a courtesy inspection be performed 6 months from the date of approval to verify compliance.
SECTION 3: 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 following certificate of occupancy of the existing site 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 4.
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.
SECTON 5.
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 6.
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 7.
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 article whether or not there has been a complaint filed.
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, TEXAS, THIS the 17th DAY of September, 2019.
ORDINANCE NO. 10708-2019
CASE NO. SU190902
SPECIFIC USE PERMIT NO. 1079