From
Chris Hartmann
Title
SU151004B - Specific Use Permit Renewal - 309 SE 14th Street (City Council District 5). Renewal of Specific Use Permit No. 978A (Ordinance No. 10086-2016) permitting the operation of a Major Auto Repair and Auto Body & Paint facility. The 0.3 acre property, addressed as 309 SE 14th Street, is generally located south of Jefferson Street and west of SE 14th Street. The property is zoned Commercial © District. The property is also located within Central Business District No. 3 (CBD-3). The applicant is Vincente Duan. (On December 5, 2016, the Planning and Zoning Commission recommended approval to renew this SUP by a vote of 6-0).
Presenter
Executive Director Bill Crolley
Recommended Action
Approve
Analysis
PURPOSE OF REQUEST:
Renewal of Ordinance No. 10086-2016 for a Specific Use Permit for Major Auto Repair and Auto Body and Paint Uses.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Land Use |
|
North |
GR |
City of Grand Prairie - Water Utilities |
|
East |
GR |
Grand Prairie Baptist |
|
West |
GR |
City of Grand Prairie - Water Utilities |
|
South |
GR, CBD 2 |
Restaurant/Schlotzsky’s Deli |
PROPOSED USE AND CHARACTERISTICS
The applicant is proposing to expand non-conforming use of Auto Tire Sales and Installation. By receiving a Specific Use Permit, the property will be in a legal conforming status. The applicant is also proposing, as part of the expansion, to add Quick Lube and Tune Services, comprising of oil changes with minor auto repair.
The current 2185sqft building has 3 vehicle bays. The proposed new building will add 2400sqft and with another 3 vehicle bays. The applicant will be adding new concrete and expanding the parking areas and adding landscaping to comply with current zoning regulations.
Operations:
Car Zone is open Monday through Saturday from 8AM to 6PM and employee at least 3 full time employees. The business will provide several automotive services; oil changes, auto tire sales and installation, and minor auto repair. The site will have 6 vehicle bays; 2 bays for oil changes, 2 bays for tire installation, and 2 bays for minor auto repair. A detailed operational plan is attached to this report. The operational plan mentions old tires being stored on a trailer and routinely transported to a tire disposal site once a week; however, accessory outside storage is prohibited within a General Retail (GR) District and would not be permitted.
Parking and Access:
The property fronts on both N. Belt Line Rd. and Small Hill St. Currently, the site has 3 access points along Small Hill St and 2 access points along Belt Line Rd. The applicant will be required to close the access point closest to the Belt Line Rd/Small St intersection. The applicant has also proposed to close the existing access point closest to the west property line along Small Hill St.
The proposed development will meet the parking requirements in the UDC. The table below provides an analysis of the parking requirements for vehicles sales.
|
Standard |
Parking Rate |
Required |
Provided |
Meets |
|
Total Parking Spaces |
1/400sqft |
12 |
12 |
Yes |
|
Handicapped Spaces |
1-25 Spaces |
1 |
1 |
Yes |
Dimensional and Paving Requirements:
The proposed site plan meets all the minimum density and development standards of the UDC, except for one item; the required front setback along Belt Line Rd. The site has an existing canopy that extends further than is allowed by today’s standards. The posts of the canopy meet the required set . The table below provides an analysis of the minimum development standards for a General Retail (GR) District.
|
General Retail (GR) |
|
Standard |
Required |
Provided |
Meets |
|
Minimum Site Area |
5,000sqft |
42,780sqft (0.98acres) |
Yes |
|
Minimum Lot Width |
50ft |
209ft |
Yes |
|
Minimum Lot Depth |
100ft |
160ft |
Yes |
|
Front Yard - Belt Line |
25ft |
25ft |
No |
|
Front Yard - Small St |
25ft |
25ft |
Yes |
|
Side Yard - Internal |
10ft |
80ft |
Yes |
|
Rear Yard |
0ft |
32ft |
Yes |
|
Floor Area Ratio |
0.5:1 |
0.13:1 |
Yes |
|
Maximum Height |
25ft |
16ft |
Yes |
|
Paving |
Concrete or Equivalent |
Concrete |
Yes |
Landscape and Screening:
The landscape plan is consistent with the landscape requirements of Article 8 of the Unified Development Code. The follow table is an analysis of the proposed landscaping.
|
Landscaping and Screening: Commercial (C) District |
|
Standard |
Required |
Provided |
Meets |
|
Overall Landscape (5%) |
1,387sqft |
1,479sqft |
Yes |
|
Minimum Front Yard Landscaping (75%) |
1041sqft |
1223sqft |
Yes |
|
Shrubs |
|
Standard |
Required |
Provided |
Meets |
|
Total Shrubs(1) |
36 |
27 + 1 tree = 37 |
Yes |
|
Trees(2) |
|
Standard |
Required |
Provided |
Meets |
|
Total Trees(3) |
3 Trees |
9 Trees |
Yes |
(1) - 1 shrub per 50sqft of required landscaping; Min 5-gallon shrub.
(2) - Required trees must be allocated; 1st to street trees, 2nd to parking lot trees, and 3rd to site trees.
(3) - 1 tree per 500sqft of required landscaping; Min. 3-inch caliper tree.
Elevations and Masonry:
The Unified Development Code requires all non-residential structures in General Retail (GR) districts, excluding doors and windows, to be constructed of 100% masonry. This development will be constructed of 100% brick.
Dumpster Enclosure:
The applicant is proposing a dumpster enclosure, consistent with the design requirements of the Unified Development Code; a 12ftx12ft pad site with masonry walls at least 6ft in height, and a screening gate.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map (FLUM) of the 2010 Comprehensive Plan shows this area as appropriate for Commercial/Retail/Office uses. With a specific use permit for Quick Lube and Tune Services and Auto Tire Sales and Installation, this development will be consistent with the FLUM.
REQUESTED APPEALS BY APPLICANT:
The applicant is not requesting any appeals.
RECOMMENDATION:
Staff recommends approval of the renewal of the SUP.
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 RENEWAL OF A SPECIFIC USE PERMIT FOR MAJOR AUTO REPAIR AND AUTO BODY AND PAINT USES IN THE COMMERCIAL (C) DISTRICT, TO WIT: BEING LOTS 5, 6, 7 AND NORTH ½ OF LOT 8, BLOCK C, PENMAN ADDITION, CITY OF 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, on October 13, 2015, the Grand Prairie City Council approved, via Ordinance No. 9954-2015 (Planning Case File No. SU151004), a request for a Specific Use Permit for Major Auto Repair and Auto Body and Paint Uses; and
WHEREAS, on June 21, 2016, the Grand Prairie City Council approved the renewal, via Ordinance No. 10086-2016 (Planning Case File No. SU151004A), of Ordinance No. 9954-2015 authorizing a Specific Use Permit for Major Auto Repair and Auto Body and Paint Uses; and
WHEREAS, said Ordinance No. 10086-2016 stipulated that the Grand Prairie City Council shall conduct a public hearing in ninety (90) days 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. 10086-2016 for a Specific Use Permit for Major Auto Repair and Auto Body and Paint Uses; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on December 5, 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 renewal of the existing Specific Use Permit for Major Auto Repair and Auto Body and Paint Uses, 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 6 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 Major Auto Repair and Auto Body and Paint Uses; with the added stipulation that the item be brought back for review in one (1) year if the property owner(s)/tenant(s) have any unresolved code enforcement violations or other unresolved issues related to full compliance of this specific use permit; 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 December 13, 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 978B for the property located as shown in Exhibit B - Location Map, and addressed as 309 SE 14TH St., also being legally described as being Lots 5, 6, 7 and the north ½ of Lot 8, Block C, Penman Additions, Grand Prairie, Dallas County, Texas.
SECTION 2: PURPOSE
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 Specific Use Permit allowing for Major Auto Repair, Auto Body and Paint Shop Uses in the Commercial (C) 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. Any zoning, land use requirements and restrictions not contained within this specific use permit ordinance shall conform to those requirements specified in the Commercial (C) 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 existing Certificate of Occupancy (C/O), which erroneously authorizes New & Used Auto Parts Sales uses, shall be surrendered to Building Inspections. A new C/O may be issued for Major Auto Repair, Auto Body and Paint Shop upon determination that the business is in compliance with the conditions of the Ordinance.
4. Code Enforcement shall conduct unannounced inspections of the property to ensure compliance with this Ordinance.
5. The development shall adhere to the City Council approved Exhibit A- Site Plan.
6. Operational Standards:
a) All operations shall maintain compliance with City Ordinance No. 7408, Automotive Related Business (ARB) regulations.
b) The occupancy of the property and/or building is limited to a single (1) tenant.
c) A Certificate of Occupancy shall be obtained prior to occupancy of the premises.
d) A paint booth shall be installed and approved for use prior to any auto body painting.
e) Salvaging is prohibited.
f) Auto sales are prohibited.
g) All inoperable vehicles shall either be parked inside a building or behind a screening fence.
h) All vehicles, including inoperable vehicles, must be parked within a defined parking space, as shown on the approved site plan. There shall be no parking or storage of vehicles or other items within drive aisles or fire lanes. The use of the public rights-of-way for parking, loading, or unloading shall be prohibited.
i) No parking or storing of inoperable vehicles in the six (6) parking spaces abutting the public street.
j) No more than eight (8) vehicles may be parked or stored in the designated rear parking spaces, inclusive of the small outbuilding.
k) Outdoor repair, maintenance, and/or inspection of vehicles are prohibited. All vehicle services shall be performed indoors.
l) Except for scheduled solid waste pick-up times, the dumpster shall remain indoors in accordance with the approved site plan.
m) 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 of all vehicles on the property:
i. Vehicle Identification Number, Make, Model and Year.
ii. Date the vehicle brought in for service or repair.
iii. Vehicle owner’s name and contact information.
iv. Type of service or repair needed.
v. Estimated time to complete service or repair.
n) A Type 1 screening wall shall be installed along the western property line, as shown on the approved site plan. If the detached garage is ever removed, the wall shall extend for the full length of the property line.
o) 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.
SECTION 3: Compliance
All development must conform to the approved Development Plans, which are herein incorporated by reference.
1. By this Ordinance, this Specific Use Permit for Major Auto Repair and Auto Body and Paint uses 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. Furthermore, by this SUP Ordinance, the City Council shall conduct a public hearing in one (1) year, if the property owner(s)/tenant(s) have any unresolved code enforcement violations or other unresolved issues related to full compliance of this specific use permit, following 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 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 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.
SECTION 5.
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 6.
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 10th Day of JANUARY, 2017.
ORDINANCE NO. 10214-2017
SPECIFIC USE PERMIT NO. 978B
CASE NO. SU151004B