From
Chris Hartmann
Title
SU151006 - Specific Use Permit - Import Auto Center, Inc. (City Council District 2). Approval of a Specific Use Permit for used auto sales and to codify existing non-conforming Automotive Business Related uses on the property. The site is 0.67 acres and is zoned Light Industrial (LI). The property is generally located south of Arkansas Ln. and east of Forum Dr. The owner is Hieu V Ha. (On October 5, 2015, the Planning and Zoning Commission recommended approval of this request by a vote of 8-1).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
PURPOSE OF REQUEST:
2621 Skyway Dr. currently has non-conforming auto uses. The applicant is requesting approval of an SUP for used auto sales. Once a legal use has occupied a site, all non-conforming uses must cease, per Article 4 of the UDC. In order to retain all existing non-conforming uses, a specific use permit is being requested for the existing non-conforming auto uses; major auto repair and auto body repair.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Land Use |
|
North |
LI |
Light Industrial Uses |
|
East |
LI |
Light Industrial Uses |
|
West |
LI |
Light Industrial Uses |
|
South |
LI |
Light Industrial Uses |
BACKGROUND:
August 18, 2015: Staff processed an application for a specific use permit for auto repair uses and auto sales.
September 24, 2015: The Development Review Committee (DRC) meeting was held. Staff met with the applicant to discuss the proposal. The proposal was cleared to move forward subject to conditions found in the recommendation section of this report.
September 25: A legal notice of the upcoming public hearing was mailed to affected property owners and a sign was posted on the property in accordance with the UDC.
October 5, 2015: This item is scheduled to be heard by the Planning and Zoning Commission.
October 13, 2015: This item is scheduled to be heard by the City Council.
PROPOSED USE AND CHARACTERISTICS
Operations
2621 Skyway Dr is currently an auto repair facility performing auto body and major repair activity. There are 2 businesses occupying the site; Destiny Auto Repair and Import Auto Center. The applicant has provided a detailed operational plan, which is included as an attachment in this staff report. The applicant occasionally buys vehicles with body damage on a prearranged basis for a customer, and then sells the customer that vehicle.
Building Elevations
No changes to the building are being proposed as part of this request.
Parking and Access:
Auto Related Businesses are required 1 space per 400sqft of building area. The existing building is 12,250sqft, which would require 31 total parking spaces. The site plan is showing 26 spaces.
The applicant shows they have 16 spaces behind a security fence. 10 spaces are in front of the security fence on the eastern side of the property; 2 spaces for the business operators, and 3 spaces for display vehicles, leaving 5 for customers. The building itself can hold 18 more vehicles, if needed. There will be no inoperable vehicles stored outside.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map (FLUM) of the 2010 Comprehensive Plan shows this area as appropriate for commercial, office, and retail uses. This proposal is consistent with the FLUM.
APPEALS AND EXCEPTIONS:
31 parking spaces are required, due to the building’s size; 1 space per 400sqft. The site currently has 26 parking spaces. The applicant is asking for a reduction in the parking requirement. Staff could support a reduction of 5 spaces if the building was not subdivided any further.
RECOMMENDATION:
The Development Review Committee recommends approval of the proposed site plan and specific use permit request with the following conditions:
1. Site plan mylars must be submitted for approval prior to any building permit or certificate of occupancy can be released or approved.
2. Operations must conform to the approved site plan. All vehicles must be parked within a clearly marked parking space.
3. All business activities must take place onsite. Use of the rights-of-way shall be prohibited.
4. No repair work shall be performed outside.
5. No inoperable vehicles shall be stored outside.
6. No salvaging shall occur, onsite.
7. There are 2 businesses currently operating. No more than 2 Certificates of Occupancy may be issued at a time.
8. A ledger with vehicle information for all vehicles receiving service onsite shall be kept and available upon request for review by Police and Code Enforcement Officers.
9. Must comply with the Automotive Related Business Ordinance.
10. Any outstanding comments found in City Case File, #SU151006, must be addressed.
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 A SPECIFIC USE PERMIT FOR MAJOR AUTO REPAIR, AUTO BODY AND PAINT, AND USED AUTO SALES, TO WIT: BEING LOT 71, AIRPORT INDUSTRIAL PARK NO. 3 ADDITION, GRAND PRAIRIE, TARRANT 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 the herein described property for a Specific Use Permit for Major Auto Repair, Auto Body and Paint, and Used Auto Sales; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on October 5, 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 Major Auto Repair, Auto Body and Paint, 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 8 to 1 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 Major Auto Repair, Auto Body and Paint, 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 October 13, 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 matters 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 976 for the property addressed as 2621 Skyway Drive, Grand Prairie, Texas, and legally described as Lot 71 Airport Industrial Park No. 3 Addition, Grand Prairie, Tarrant County, Texas, and as more fully described as shown in Exhibit B - Legal Description.
SECTION 2: Purpose
To codify, by this specific use permit, Major Auto Repair, Auto Body and Paint, which are uses currently operating on the subject property without the necessary specific use permits; and to establish Used Auto Sales.
SECTION 3: Operational Standards
FOR OPERATION OF MAJOR AUTO REPAIR, AUTO BODY AND PAINT, AND USED AUTO SALES, THE FOLLOWING STANDARDS SHALL APPLY:
1. All operations shall conform to the site plan package, attached hereto as Exhibit “A” and the operational plan as approved by City Council under case number SU151006.
2. As outlined within the Operational Plan contained within the Planning Department Case File No. SU151006, and as more specifically stated and codified herein, the development shall adhere to the following operational standards:
a. A maximum of two active certificates of occupancy may be issued for the use of the subject property. However, before a new certificate of occupancy may be issued, either:
i. The previous certificate of occupancy shall be returned to Building Inspections; or
ii. A signed and dated letter from the property owner, declaring the previous use is no longer occurring, shall be submitted to Building Inspections.
b. All repair, maintenance, and inspection of vehicles shall be performed indoors.
c. No salvaging of any kind onsite.
d. 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.
e. No inoperable vehicles may be parked or stored outside.
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; and
h. Must practice all best management practices listed in its storm water pollution prevention plan.
2. All vehicles must be parked within clearly marked parking spaces, as shown on the approved site plan, including being limited to three (3) FOR SALE vehicle display spaces. 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.
3. Before a Certificate of Occupancy can be issued, Code Enforcement shall inspect the property. The property shall be free of violations of the Automotive Related Business (ARB) ordinance, all vehicles shall be parked within a clearly marked parking space which shall be consistent with the approved site plan, and no vehicles in control of the property owner or tenants shall be parked on the street.
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 address and comply with any outstanding Development Review Committee comments for the Specific Use Permit found in File No. SU151006.
SECTION 3: 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 Major Auto Repair, Auto Body and Paint, and Limited Used Auto Sales uses; 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 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 13th of October, 2015.
ORDINANCE NO. 9956-2015
SPECIFIC USE PERMIT NO. 976
CASE NO. SU151006