From
Chris Hartmann
Title
SU141101/S141101 - Specific Use Permit/Site Plan - 1629 E Main Street (City Council District 5). Approval of a Specific Use Permit for Automotive Re-Builder and Inoperable Auto Holding Yard uses and to codify existing non-conforming Automotive Related Business uses. The subject site is located at 1629 E Main St and is zoned Light Industrial (LI) District within Central Business District No. 3 (CBD 3). This property is generally located on the south side of E. Main St and east of S.E. 16th St.The agent is Danny Moussavi and the owner is Hamid Moussavi. (On August 31, 2015, the Planning and Zoning Commission recommended approval of this request by a vote of 7-2.)
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
PURPOSE OF REQUEST:
The applicant has had several code violations over the years. The applicant is requesting a specific use permit to permit current unauthorized activities and to bring the property into compliance with all city ordinances.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Land Use |
|
North |
Light Industrial |
East Main St |
|
East |
Light Industrial |
Motel |
|
West |
Light Industrial |
Various Automotive Related Uses |
|
South |
Light Industrial |
Rail Road |
BACKGROUND:
September 16, 2014: The Planning staff processed an application for the approval of a Specific Use Permit.
October 23, 2014: The Development Review Committee (DRC) meeting was held. Staff met with the applicant to discuss the proposal. The DRC determined that this request was not ready to move forward and recommended the case be tabled.
This case was tabled by City Council on 11/18/2014, 12/9/2014, 5/19/2015, 6/16/2015, 8/18/2014.
August 20, 2015: The Development Review Committee (DRC) meeting was held. Staff met with the applicant to discuss the proposal. Staff determined that this request was ready to move forward.
August 21, 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.
August 31, 2015: This item is scheduled to be heard by the Planning and Zoning Commission.
September 15, 2015: This item is scheduled to be heard by the City Council.
PROPOSED USE AND CHARACTERISTICS
HDA obtained their most recent certificate of occupancy in March of 2007 for used auto sales and auto repair/body shop with the following conditions:
-Must Comply with “Auto Related Business” Ordinance #7408
- All Work Must be Performed Inside the Building
- No Painting Outside of Booth and/ or Auto Salvaging Allowed
- No Outside Storage of Parts and/ or Other Miscellaneous Items Allowed
- No More than Two (2) Inoperable Vehicles Stored Outside of Shop
- Return C.O. to Code Enforcement Upon Dissolution of Business
Attached to this report you will find a list of code enforcement violations since 2008 and a list of inspection history from Environmental Services since 2000. The reports will show several violations including outside storage of parts, salvaging, excessive inoperable vehicle storage, and outdoor repair.
The applicant, in order to run the business as desired, would need to be allowed to perform the activities listed as prohibited on the certificate of occupancy. In order to rectify the situation, code enforcement referred the applicant to the Planning and Zoning Department. Planning staff informed the applicant that an inoperable vehicle holding yard required a Specific Use Permit. Article 30 of the UDC defines an Inoperable Auto Hold Yard as follows:
“A place or property where the principal uses is limited to the parking, storage, or holding of 3 or more whole inoperable vehicles for the purpose of retail or wholesale sales of said vehicles; or short or long term storage of said vehicles; provided however; that no repairs, dismantling, or partial dismantling, crushing, or compacting of said vehicles shall take placed on said yard.”
As part of the applicant’s desired operations, the rebuilding of inoperable vehicles would also be performed. This may include simple repairs to vehicles or rebuilds of severely damaged vehicles. The UDC allows for an Automotive Re-builder use as defined with approval of a Specific Use Permit:
“An automotive repair facility where the principle purpose is the rebuilding of complete used cars, trucks, motorcycles, or their individual mechanical components such as engines or transmissions. The Automotive re-builder use would permit major auto repair, body shop and paint shop uses.”
Operations:
Attached to this report is a detailed operational plan, outlining the how HDA Auto wishes to operate. Staff will explain the operations of this site in 3 categories; Auto Sales, Auto Repair, and Storage.
Auto Sales
This site has an existing non-conforming used auto sales use. As part of this request, staff will incorporate the auto sales use into the specific use permit. As required by the UDC in Article 4, “If a primary, conforming use is proposed on a lot or tract occupied by a primary non-conforming use, the primary non-conforming use must cease whenever the primary conforming use begins.” Staff will recommend this SUP authorize used auto sales in order to bring the property into conformance.
The north parking lot will be used for the auto sales inventory of 20 cars. The north building, labeled A, is used as an office for the site, which is roughly 1200sqft.
Auto Repair
The rear building, about 2300sqft, is used for all the vehicle repairs. Repairs include auto rebuilding, major auto repairs, body and paint shop. The major auto repair, body and paint shop uses are existing non-conforming uses. The UDC today requires a specific use permit. If the auto rebuilder use is to be approved, this would include these uses.
HDA auto buys damaged vehicles and repairs them in the 5-bay garage, labeled “B” on the site plan, for the purposes of resale. They also repair vehicles from the public. Their operations plan states that “H.D.A. is not in the business of selling used or salvaged parts of any kind. Any and all parts located on premises are strictly used in the repair or restoration of company inventory or auto body repair related to client vehicles.”
Through discussion with the applicant, they have historically bought cars for the purposes of using its parts to repair other cars. The City of Grand Prairie views this activity as salvaging and staff does not support salvaging of any type within a Light Industrial district. The ARB ordinance defines salvaging as “disassembling automobiles, trucks, pickups, or any other motor vehicles for the purpose of resale or reuse of any part thereof.”
Storage
The site is currently screened by an 8ft metal fence. The rear of the lot has several parking spaces specifically for the storage of vehicles awaiting repair or pickup, antique and damaged vehicles, inoperable and operable, or for vehicles being held for sale (inventory overflow). This area is also being requested to be used for the storage of body parts including but not limited to front or rear body clips, purchased for auto repair purposes. Currently, the canopies are being used to cover parts being stored outside. Staff does not support the storage of car parts, as this may lead to salvaging of parts.
Proposed Site Plan Details
This property is currently developed. The proposed site changes will occur in 2 phases. The first phase will include demolishing part of the existing north building to make room for the required fire lane on the east side of the property. The fire lane will be constructed according to the standards of the UDC. Because of the demolishing of the building, the applicants will build a new canopy behind the main office.
The rear parking areas will remain gravel. The applicants did not propose a time frame for the second phase. In this phase the parking areas will be paved and the main access will be moved further east, as shown on the submitted site plan. The area to be paved is about 33,000sqft
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 approval; this development will be consistent with the FLUM.
REQUESTED APPEALS BY APPLICANT:
No appeals are being requested outright, however, the applicant is requesting to use gravel for the storage parking lot for an undetermined time frame, due to the costs involved. The phased site plan show compliance with paving standards at the end of phase 2.
RECOMMENDATION:
The Planning and Zoning Commission, by a vote of 7 to 2, recommends approval based on staff's conditions:
Staff does not support any manner of salvaging in a Light Industrial district. Below is an outline of conditions for approval that staff could support for a Specific Use Permit for an Automotive Re-Builder with an Inoperable Vehicle Holding Yard and Used Auto Sales:
1. The applicant must submit a site plan, specifically designating the use of each parking space. The Chief Planner may approve the parking plan;
2. Paving off all parking areas shall be completed within 2 years of the date of approval of this Specific Use Permit.
3. The development shall adhere to the following operational standards:
a. All vehicles must be parked within clearly marked parking spaces, as shown on the approved site plan. There shall be no parking within drive aisles or fire lanes. The use of the public rights-of-way for parking, loading, or unloading shall be prohibited;
b. No salvaging activities shall take place onsite;
c. No vehicle parts may be stored outside;
d. All repairs or maintenance to vehicles must be performed indoors;
e. A ledger shall be kept on-site and maintain by the business operator and shall be presented upon request by the Police Department and Code Enforcement during inspections or investigations. The ledger shall maintain information and documentation for each vehicle receiving repairs or services. Items maintained and contained in this ledger shall include:
i. Date the vehicle entered the site for services, repairs, or storage;
ii. Customer Name;
iii. Vehicle Identification Number, Make, Model and Year;
iv. Type of services or repairs needed and/or performed;
v. Estimated time of completion;
vi. Date the vehicle was removed from site; and
f. All operations shall maintain compliance with all federal, state, and local environmental regulations;
g. All operations shall maintain compliance with City Ordinance No. 7408, Automotive Related Business (ARB) regulations;
h. Must practice all best management practices listed in its storm water pollution prevention plan; and
4. A Site Plan Mylar must be submitted to the planning department for review and approval. Future changes to the parking or expansions to this facility, regarding this Specific Use Permit, will require the submittal of a revised site plan for review and approval to the Planning Department;
5. Must comply with any outstanding Development Review Committee comments for the Specific Use Permit found in File No. SU141101/S141101.
6. This property shall meet the standard Specific Use Permit compliance standards; as follows:
a. 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;
b. This Specific Use Permit shall automatically terminate if a Certificate of Occupancy is not issued for an Automotive Re-builder with an Inoperable Vehicle Holding Yard and Used Auto Sales; 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.
c. 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.
d. 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.
e. 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
f. The Certificate of Occupancy shall note the existence of this Specific Use Permit by its SUP number and title.
Body
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND MAP BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR A SPECIFIC USE PERMIT FOR AN AUTO BODY AND PAINT SHOP, MAJOR AUTO REPAIRS, AUTOMOTIVE RE-BUILDER, INOPERABLE VEHICLE HOLDING YARD AND USED AUTO SALES, TO WIT: BEING LOT 1, BLOCK 2, D.W. KLEIN ADDITION, GRAND PRAIRIE, 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, 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 an Auto Body Repair Shop, Major Auto Repairs, Automotive Re-Builder, Inoperable Vehicle Holding Yard and Used Auto Sales; and;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on August 31, 2015, 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 an Auto Body Repair Shop, Major Auto Repairs, Automotive Re-Builder, Inoperable Vehicle Holding Yard and Used Auto Sales 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 7 to 2 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 an Auto Body Repair Shop, Major Auto Repairs, Automotive Re-Builder, Inoperable Vehicle Holding Yard and Used Auto Sales; 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 September 15, 2015 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 -973 for the property addressed as 1629 E. Main Street, located as shown in Exhibit A - Location Map, and legally described as follows:
Lot 1, Block 2, D.W. Klein Addition, Grand Prairie, Dallas County, Texas.
SECTION 2: Definitions
For the purposes of this ordinance, the following terms are defined:
Body Clip: A portion of a vehicle containing an intact and complete body assembly: i.e., a front-end assembly (front clip), a cab assembly, or a rear-end assembly (rear clip).
Salvaging: To remove a part, piece, component, section or clip from a vehicle, whole or otherwise, for the express purpose of reuse and/or resale.
SECTION 3: Specific Use Permit
FOR OPERATION OF AN AUTO BODY & PAINT SHOP, MAJOR AUTO REPAIRS, AUTOMOTIVE RE-BUILDER, INOPERABLE VEHICLE HOLDING YARD AND USED AUTO SALES:
1. The Auto Body & Paint Shop, Major Auto Repairs, Automotive Re-Builder, Inoperable Vehicle Holding Yard and Used Auto Sales facility shall be in substantial conformance with Exhibit B - Site Plan and all applicable standards of the Grand Prairie Municipal Code and Unified Development Code, as may be amended.
2. Prior to the issuance of a Certificate of Occupancy, the owner/operator shall submit the Site Plan Mylar w/ Phasing Plan for review and approval by the Chief City Planner.
3. Within 90 days of this ordinance approval, the owner/operator shall submit a demolition permit application to Building Inspection for the removal of that portion of the existing building blocking the location of the proposed fire lane in accordance with Phase I of the approved Site Plan.
4. Within 90 days of this ordinance approval, the owner/operator shall submit a building permit application to Building Inspections for the installation of the concrete fire lane and hammerhead turnaround in accordance with Phase I of the approved Site Plan.
5. Within 180 days of this ordinance approval, all hard surface parking spaces shall be striped in accordance with Phase I of the approved Site Plan.
6. Within 180 days of this ordinance approval, the portion of the building blocking the proposed fire lane shall be removed in accordance with Phase I of the approved Site Plan.
7. Within 180 days of this ordinance approval, the installation of the concrete fire lane and hammerhead turnaround shall be completed in accordance with Phase I of the approved Site Plan.
8. Within 2 years of this ordinance approval, the installation of the concrete drive aisles and parking spaces shall be completed in accordance with Phase II of the approved Site Plan.
9. Per the approved Site Plan, the proposed drive aisles, fire lane and hammerhead turnaround, and parking spaces shall be concrete and constructed to minimum city standards.
10. The development shall adhere to the following operational standards:
a. All vehicles must be parked or stored within clearly marked parking spaces, as shown on the approved site plan.
b. There shall be no parking or storage within drive aisles or fire lanes.
c. The use of the public rights-of-way for parking, loading, or unloading shall be prohibited.
d. Salvaging, as herein defined, is prohibited.
e. Outside storage of parts, except as provided in Section 3.9.e, is prohibited.
f. Body clips may be stored outside within designated inoperable vehicle parking spaces for up to 90 calendar days. All outside stored body clips must either be used or moved inside by the end of the 90th calendar day of outside storage or removed from the property. While an outside stored body clip may be moved inside for longer storage, in no case shall it again be stored outside to restart the 90 calendar day clock.
g. All repairs or maintenance to vehicles must be performed indoors.
h. No repairs of any kind are to be performed under a carport or canopy.
i. Carports and canopies shall not be used to store inoperable vehicles, body clips or parts.
j. A ledger shall be maintained and kept on-site by the business operator and shall be made available for immediate presentation upon request by Code Enforcement and/or Police Department during inspections or investigations. The ledger shall maintain information and documentation for each vehicle or body clip stored on site and/or in queue for repairs/services. Items maintained and contained in this ledger shall include:
i. Vehicle Identification Number, Color, Make, Model and Year. Body clips must be identified and clearly marked in the event that a Vehicle Identification Number is not available.
ii. Owners name and contact information.
iii. Customers name and contact information if different than owner.
iv. Date the vehicle or body clip was brought to the property.
v. Description of pending vehicle services or repairs.
vi. Estimated time to complete services or repairs.
vii. Date the vehicle or body clip was removed from site.
f. All operations shall maintain compliance with all federal, state, and local environmental regulations.
g. All operations shall maintain compliance with City Ordinance No. 7408, Automotive Related Business (ARB) regulations.
h. Must practice all best management practices listed in its storm water pollution prevention plan.
11. Prior to any modifications to the approved Site Plan, a revised site plan shall be submitted for review and approval by the Planning Department. If not specifically required by the Unified Development Code, the Chief City Planner may require City Council approval of proposed changes.
12. The development must comply with any outstanding Development Review Committee (DRC) comments for the Specific Use Permit found in File No. SU141101/S141101.
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 an Auto Body & Paint Ship, Major Auto Repairs, Automotive Re-Builder, Inoperable Vehicle Holding Yard and Used Auto Sales 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.
5. 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
6. 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 15th of September, 2015.
ORDINANCE NO. 9913-2015
SPECIFIC USE PERMIT NO. 973
CASE NO. SU141101/S141101