From
Chris Hartmann
Title
SU151101A - Specific Use Permit Renewal - 2000 E Pacific Ave (City Council District 5). A request to renew Specific Use Permit-983 permitting the operation of small trucking company w/ fleet truck maintenance (including major truck repair) AND permitting the operation of major truck repair of non-fleet vehicles. The 0.55375 acre property, zoned Light Industrial (LI) District and located within the Central Business District No. 3 (CBD-3). The property is located at the northeast corner of E. Pacific Avenue and Industrial Avenue. (On September 11, 2017, the Planning and Zoning Commission recommended approval to renew this SUP by a vote of 8-0).
Presenter
Chief City Planner David Jones, AICP
Recommended Action
Approve
Analysis
SUMMARY:
Consider a request for the approval of a Specific Use Permit Renewal for a Trucking Dispatch Company with Truck Fleet Maintenance, Truck and Heavy Equipment Repair, and Major Auto Repair under the business Ramco Logistics. The 0.55-acre property, zoned Light Industrial Limited Standards (LI-LS) District, is located at 2000 E. Pacific Avenue.
ADJACENT LAND USES AND ACCESS:
North - Auto-related businesses, Light Industrial Limited Standards (LI-LS)
South - Air National Guard, Outside of City Limits
East - Auto-related businesses, zoned Light Industrial Limited Standards (LI-LS)
West - Auto-related businesses, zoned Light Industrial Limited Standards (LI-LS)
PURPOSE OF REQUEST:
As required by Ordinance No. 9991-2015 for Specific Use Permit 983 the City Council shall conduct a public hearing (1) year after City Council adoption of this Ordinance 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 other applicable regulatory requirements.
STATUS:
As required, staff requested inspections of the property and operations by the Code Enforcement Division and the Environmental Services Department. The inspections conducted indicated that all operations on the site appear to be currently in conformance with required conditions of the Specific Use Permit as approved by City Council.
Initial Inspection Findings:
1. Sec. 3.B - All maintenance and inspection of vehicles is required to be indoors.
a. Evidence of outside inspections and repairs was observed.
2. Sec. 3.D - The parking spaces outside of the fenced area was observed being used for storage of inoperable vehicles and the handicap parking space was being used for parking of a vehicle without a permit.
3. Sec.3.G - The business is required to maintain a Service/Repair ledger of the vehicles serviced and make available during inspections.
a. No ledger was available at the time of inspection.
4. Sec. 3.J - The business is required to operate in compliance with ARB Ordinance #7408.
a. The business was observed storing vehicle parts outside of an enclosed building. Violation of Sec. 13.536-O. This was also observed and the operator given notice during the May 11, 2017 Annual Inspection.
5. Sec.3. J - The business is required to operate in compliance with ARB Ordinance #7408.
a. High Grass / weeds / vegetation observed along the screening fence line and inside off the screened area.
6. There were numerous environmental violations ; Fluid Spills/ Tires without rims / open containers of engine fluids stored outside of the building and exposed to the elements.
Inspection Findings upon follow-up review:
1. Non-compliance issues have been resolved
RECOMMENDATION:
Due to the number of violations leading up to the one year review, staff recommends that the property have an additional inspection performed in six (6) months to ensure continued compliance with the SUP conditions of approval. If not in compliance, staff recommends that the renewal go back to the Planning and Zoning Commission for review.
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 THE RENEWAL OF A SPECIFIC USE PERMIT FOR A TRUCKING DISPATCH COMPANY W/TRUCK FLEET MAINTENANCE, TRUCK AND HEAVY EQUIPMENT REPAIR, AND MAJOR AUTO REPAIR WITHIN THE LIGHT INDUSTRIAL -LIMITED SERVICES (LI-LS) DISTRICT, TO WIT: BEING A 0.55375 ACRE TRACT OF LAND SITUATED IN BLOCK O OF THE TWIN AIR PORTS INDUSTRIAL ADDITION, 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, on December 15, 2015, the Grand Prairie City Council approved, via Ordinance No. 9991-2015 (Planning Case File No. SU151101), a request for a Specific Use Permit for a Trucking Dispatch Company w/Truck Fleet Maintenance, Truck and Heavy Equipment Repair, and Major Auto Repair within the Light Industrial-Limited Services (LI-LS) District; and
WHEREAS, said Ordinance No. 9991- 2015 stipulated that the Grand Prairie City Council shall conduct
a public hearing one (1) year after approval of said Ordinance to confirm continued compliance with adopted development standards and all applicable codes; and
WHEREAS, Staff has verified that the subject property is in substantial compliance with the approved development standards and applicable code and hereby recommends approval of the renewal of Ordinance No. 9991-2015 for a Specific Use Permit for a Trucking Dispatch Company w/Truck Fleet Maintenance, Truck and Heavy Equipment Repair, and Major Auto Repair within the Light Industrial-Limited Services (LI-LS) District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on September 11, 2017, following legal notice of such public hearing before the Planning and Zoning Commission had been published in the paper of record, for the proposed renewal of the existing Specific Use Permit for Trucking Dispatch Company w/Truck Fleet Maintenance, Truck and Heavy Equipment Repair, and Major Auto Repair within the Light Industrial-Limited Services (LI-LS) 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 8 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to grant a renewal of the existing Specific Use Permit for a Trucking Dispatch Company w/Truck Fleet Maintenance, Truck and Heavy Equipment Repair, and Major Auto Repair within the Light Industrial-Limited Services (LI-LS) District; with the added stipulation that the item be inspected in six (6) months to insure full compliance of this specific use permit; 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 983A as legally described as follows:
Tract 1
Being the North ninety (90) feet of Lots 30, 31, and 35-40; and the North ninety (90) feet of the East 1/2 of Lot 32, all in Block O of the Twin Air Ports Industrial Addition, an Addition to the City of Grand Prairie, Dallas County, Texas, according to the Plat thereof recorded in Volume 4, Page 309, Map Records, Dallas County, Texas.
Tract 2
Being all of the West 1/2 of Lot 32 and all of Lots 33 and 34, Block O of the Twin Air Ports Industrial Addition, an Addition to the City of Grand Prairie, Dallas County, Texas, according to the Plat thereof recorded in Volume 4, Page 309, Map Records, Dallas County, Texas.
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 operation of a Trucking Dispatch Company w/Truck Fleet Maintenance, Truck and Heavy Equipment Repair, and Major Auto Repair within the Light Industrial-Limited Services (LI-LS) District, the following standards and conditions are hereby established as part of this ordinance:
1. The development shall maintain full adherence, unless herein modified, 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, Exhibit B - Operational Plan, which includes the following exception (appeal) to the above noted standards:
a. Concrete Paving: The requirement to pave the parking/storage yard with concrete, installed to city standards and prior to its use, is hereby waived for a period of time not to exceed five (5) years from the date of this approval. Prior to the installation of concrete, the parking/storage yard shall be improved with good gravel and shall be maintained in good repair. The property owner, at his or her discretion, shall have the option to seek, from City Council, a renewal or extension of the five (5) year waiver of the requirement to pave the parking/storage yard with concrete. However, if after five (5) years the parking/storage yard is not paved with concrete and an extension of the concrete waiver has not be granted, the property shall be deemed to be non-compliant with this ordinance and the City may seek all necessary actions to achieve compliance.
3. The development shall adhere to the following conditions of approval:
a. Only one Certificate of Occupancy shall be issue under this specific use permit ordinance. The property shall not be sub-leased to, or otherwise occupied by, more than one (1) business. If the business is transferred to a new owner, the issuance of new certificate of occupancy for this property shall be predicated on:
i. The previous certificate of occupancy shall be returned to Building Inspections, or
ii. A signed and dated letter from the property owner shall be submitted to Building Inspections declaring the previous business/use is no longer operating.
b. All repair, maintenance, and inspection of vehicles/equipment shall be performed indoors.
c. Salvaging of any kind is prohibited.
d. No parking or storing of inoperable vehicles within the designated parking spaces located outside of the fenced storage yard.
e. All vehicles shall be parked within clearly marked parking spaces, as shown on the approved site plan. There shall be no parking within drive aisles.
f. Parking and/or storage within the fenced storage yard located east of the 3,840 square foot metal shop building shall be limited to no more than the following:
i. Five (5) semi-tractors.
ii. Five (5) semi-tractor-trailers.
iii. Ten (10) passenger vehicles.
g. The business operator shall maintain a Service/Repair Ledger of every vehicle brought in for service or repair. The ledger shall be kept on-site and shall be made available for immediate viewing upon request by Code Enforcement or Police Department personnel during inspections or investigations. The ledger shall contain the following minimum information:
i. Date the vehicle entered the site for services or repairs;
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 work completed;
vii. Date vehicle was removed from site.
h. All inoperable vehicles shall be parked or stored inside or within the screened storage yard.
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; and
k. Must practice all best management practices listed in its storm water pollution prevention plan.
SECTION 4: COMPLIANCE
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 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 shall perform an additional inspection in six (6) months to confirm continued compliance with adopted development standards and 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 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 ON THIS THE 19TH DAY OF SEPTEMBER 2017.
Ordinance No. 10339-2017
Case No. SU151101A
Specific Use Permit No. 983A