From
Chris Hartmann
Title
SU150802 - Specific Use Permit - 3015 Eagle Drive, Suite 400 and 600 (City Council District 2). Approval of a Specific Use Permit for an auto body and paint shop. The property is addressed as 3015 Eagle Dr and is zoned Light Industrial (LI) District. Applicant is Halid Amer and the owner is Yan Wu. (On August 3, 2015, the Planning and Zoning Commission recommended approval of this request by a vote of 6-0.)
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
PURPOSE OF REQUEST:
The applicant is proposing to lease two suites in order to operate a collision center for damaged automobiles. The Unified Development Code requires the approval of a specific use permit in order to operate as an auto body and paint shop within a Light Industrial (LI) District.
ADJACENT ZONING:
North - Light Industrial (LI) District
South- PD-137 for Commercial (C)
East- Light Industrial (LI) District
West- Light Industrial (LI) District
BACKGROUND:
June 16, 2015: The Planning staff processed an application for the approval of a Specific Use Permit auto body and paint shop.
July 21, 2015: A legal notice was published in the Fort Worth Star Telegram of the upcoming public hearing.
July 23, 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.
July 24, 2015: A legal notice was mailed to affected property owners of the upcoming public hearing.
August 3, 2015: This item is scheduled to be heard by the Planning and Zoning Commission.
August 18, 2015: This item is scheduled to be heard by the City Council.
PROPOSED USE AND CHARACTERISTICS
Operations:
Champion Collision Repair Center will operate out of two existing suites, 600 and 400, located at 3015 Eagle Dr; totaling just under 8,000sqft. Champion Collision Repair will not be performing general auto repairs or vehicle rebuilds, but will focus solely on auto body repairs and painting. Their clientele consists of walk-in-customers and insurance companies. The applicant states that they will not be working on more than 5 vehicles at a time.
• Suite 600 - This suite is 5,300sqft. In accordance with the attached operational plan and site plan, suite 600 will serve as the repair shop. A paint booth will be installed in the southeast corner of the suite. All tools and equipment necessary to perform auto body repair and painting will be stored inside the building.
• Suite 400 - This suite is 2,700sqft and will be primarily used for the storage of, at the most, five vehicles awaiting repair. This suite will also contain the recycling bin for scrap metal, to be picked up by a licensed company on a weekly basis. A 55 gallon drum will also be supplied and disposed of on a monthly basis by a licensed oil recycling company.
Champion Collision Repair will have five employees onsite during business hours. Hours of operation will be Monday through Saturday from 7 am to 5 pm.
Parking and Access:
The property currently has 3 other tenants in the 16,000sqft building. The Unified Development Code (UDC) requires at least 13 parking spaces for the existing tenants; 6 parking spaces for the 2 existing warehouse uses and 7 parking spaces for an tire sales and installation shop.
For an auto service related business, the UDC requires 1 space per 400sqft of building. Champion Collision Repair has 8,000sqft; requiring 20 parking spaces. The property has a total of 24 parking spaces, leaving only 11 spaces for Champion Collision Repair and is 9 spaces short.
The applicant has restricted the amount of parking he requires by limited the number of vehicles that will be worked on at any given time. In addition, the applicant is requesting that the city recognize the 5 storage spaces inside the building, leaving the property 4 spaces short, instead of 9.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The November 2010 Future Land Use Map (FLUM) shows this area for Mixed Uses. Staff has determined that the proposed zoning is not in compliance with the FLUM; however, annually the FLUM is amended to address inconsistencies such as this.
REQUESTED APPEALS AND EXCEPTIONS:
Parking
For an auto service related business, the UDC requires 1 space per 400sqft of building. Champion Collision Repair has 8,000sqft; requiring 20 parking spaces. The property has a total of 24 parking spaces, leaving only 11 spaces for Champion Collision Repair and is 9 spaces short.
The applicant has restricted the amount of parking he requires by limited the number of vehicles that will be worked on at any given time. In addition, the applicant is requesting that the city recognize the 5 storage spaces inside the building, leaving the property 4 spaces short, instead of 9.
If approved, the parking reduction would limit the uses of the remaining suites. If one of the existing businesses was to move out, the property owner would not be able to lease the property for a use that would require more parking than the previous tenant’s use. The existing uses and parking requirements are as follows:
• Warehouse - 3 required parking spaces
• Warehouse - 3 required parking spaces
• Auto related business - 7 required spaces.
RECOMMENDATION:
The Planning and Zoning Commission recommended approval of the appeal and this request, subject to Staff recommendation and conditions.
Staff cannot fully support the applicant’s request due to the appeal listed above, however, should the Planning and Zoning Commission approve the appeals and exceptions, Staff recommends the following conditions:
1. The auto body and paint shop use shall be limited to the areas currently recognized as suites 400 and 600. An address change request must be submitted to the planning department, requesting city combine suites 400 and 600 into one (1) suite;
2. The auto body and paint shop use shall require 11 outside parking spaces and shall be designated on the approved site plan. 13 parking spaces shall be designated as required parking for other businesses on the property. No use shall be permitted that would require parking to exceed the 13 total parking spaces allotted for other businesses, unless authorized in accordance with the Unified Development Code, as amended;
3. 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.
4. As outlined within the Operational Plan contained within the Specific Use Permit Application File No. SU150802, and as more specifically stated and codified herein, the development shall adhere to the following operational standards:
a. All damaged vehicles must be parked inside in the five (5) spaces shown on the approved site plan. No more than five (5) customer vehicles may be stored onsite;
b. 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 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 the vehicle was removed from site; and
c. All operations shall maintain compliance with all federal, state, and local environmental regulations;
d. All operations shall maintain compliance with City Ordinance No. 7408, Automotive Related Business (ARB) regulations; and
e. Must practice all best management practices listed in its storm water pollution prevention plan; and
5. 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;
6. Must comply with any outstanding Development Review Committee comments for the Specific Use Permit found in File No. SU150802
7. 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 Auto Body and Paint Shop; 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.
DRC Comments
CURRENT PLANNING: Doug Howard (972) 237-8255
M. 1. Place Case# SU150802 at the lower right hand corner of all new submittals.
M. 2. What type of customers will you serve? Open to the public? Contract with company vehicles? What types of vehicles do you repair? Truck Tractors?
M. 3. Do you buy vehicles to rebuild and resell? Do you sell wholesale? Retail? Do you have a dealer’s license? If so, what address?
M. 4. Where do the customers drop off their vehicles?
M. 5. Vehicles may not be stored or parked in the fire lane.
M. 6. Please describe your waste disposal plans for scrap metal, tires, fluids, etc. Where is the dumpster? Please include the dumpster location on the site plan.
M. 7. Required Parking. According you Article 10 the parking required for this site, based on all current and proposed uses is 33 spaces; which includes 2 handicapped spaces. Based on the limited number of parking spaces, it appears that this site will not support this use and staff cannot recommend approval.
• Suite 600 and 400 requires 20 parking spaces
• Suite 300 requires 3 spaces for warehouse/office
• Suite 200 requires 7 spaces for Auto Service
• Suite 100 requires 3 spaces for warehouse/office
M. 8. An address change will be required to combine suites 600 and 400. You may pick up an address request application from the Planning Department. Contact Nathan Warren for more information.
M. 9. No inoperable vehicles may be parked outside.
M. 10. How many vehicles can be worked on at one time within suite 600?
M. 11. How many vehicles can be stored in suite 400? Please provide a floor plan illustrating the vehicle storage layout with dimensions.
M. 12. Provide the number of employees.
M. 13. Where will vehicles be parked if kept overnight?
M. 14. 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 truck receiving repairs or services. Items maintained and contained in this ledger shall include:
a. Date the vehicle entered the site for services or repairs;
b. Customer Name;
c. Vehicle Identification Number, Make, Model and Year;
d. Type of services or repairs needed and/or performed;
e. Estimated time of completion; and
f. Date the vehicle was removed from site.
M. 15. Staff has identified the items necessary to continue the submittal process. Staff cannot recommend approval based on the limited number of parking spaces on-site. Please make revisions, and corrections, and provide additional information to the comments and questions listed above. Once the revisions are made and issues resolved, bring 3 copies of the revised plans which will be reviewed at the Development Review Committee meeting. (Attendance is mandatory)
M. 16. If needed, contact your case manager, Doug Howard, to discuss these items or to set up a meeting. You can reach him at 972-237-8257, or by email at dhoward@gptx.org.
ENVIRONMENTAL SERVICES: Terri Blocker, (972) 237-8461
M. 1. Environmental Services needs a meeting with applicant before comments can be made.
CODE ENFORCEMENT DIVISION: Steve Collins, (972) 237-8041
M. This property has multiple suites and has shared parking in the front of the building facing Eagle Drive. There have been issues with outside storage of vehicles in the past and use of the street for parking. With the addition of auto body/paint I would recommend addressing:
1. Is this business open to the public or a rebuilder who buys, repairs, and sells?
2. Register/Log of vehicles available for inspection
3. Parking plan, Storage of vehicles awaiting repair (screening). Where are they going to be held on the property. The available spaces on the property are limited for the number of businesses. Where are employee and customers going to park?
4. Containment of waste generated by the use (scrap metal). Where will it be allowed to accumulate? Inside/outside in approved recycling container?
TRANSPORTATION SERVICES: Daon Stephens, (972) 237-8319
M. 1. How are the inventory vehicles going to be brought to the location?
Body
AN ORDINANCE AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR A SPECIFIC USE PERMIT FOR AN AUTO BODY AND PAINT SHOP, TO WIT: BEING LOT 8B, WOOLPERT 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 said site for a Specific Use Permit for an Auto Body and Paint Shop; and;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on August 3, 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 and Paint Shop; 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 6 to 0 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 and Paint Shop; 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 August 18, 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 971 for the property location described as follows:
3015 Eagle Dr., also being further described as being Lot 8B, Woopert Addition, Grand Prairie, Tarrant County, Texas.
SECTION 2: Specific Use Permit
FOR OPERATION OF AN AUTO BODY AND PAINT SHOP:
1. The auto body and paint shop use is limited to the areas currently recognized as suites 400 and 600. An address change request must be submitted to the Planning and Development Department, requesting that the city combine suites 400 and 600 into one (1) suite.
2. The auto body and paint shop use shall require 11 outside parking spaces and shall be designated on the approved site plan. The remaining 13 outdoor parking spaces shall be designated as required parking for the other businesses located on the property. No change in use shall be permitted for the other suites that would require parking to exceed the existing 13 total parking spaces allotted for other businesses, unless authorized in accordance with the Unified Development Code, as amended.
3. 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.
4. As outlined within the Operational Plan contained within the Specific Use Permit Application File No. SU150802, and as more specifically stated and codified herein, the development shall adhere to the following operational standards:
a. All damaged vehicles must be parked inside the building and within the five (5) spaces shown on the approved site plan. No more than five (5) customer vehicles may be stored on site;
b. A ledger shall be kept on-site and maintained by the business operator and shall be made immediately available upon request by the Police Department and/or Code Enforcement during inspections or investigations. The ledger shall contain 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 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 services or repairs were actually completed;
vi. Date the vehicle was removed from site; and
c. All operations shall maintain compliance with all federal, state, and local environmental regulations;
d. All operations shall maintain compliance with City Ordinance No. 7408, Automotive Related Business (ARB) regulations; and
e. Must practice all best management practices listed in its storm water pollution prevention plan; and
5. A Site Plan Mylar must be submitted to the planning department for review and approval, prior to the issuance of a Certificate of Occupancy for said use.
6. Future use changes and/or expansions of this facility, relating to this Specific Use Permit, will require the submittal of a revised site plan for review and approval to the Planning Department;
6. Must comply with any outstanding Development Review Committee comments for the Specific Use Permit found in File No. SU150802.
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 an Auto Body and Paint Shop; 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 18th of August, 2015.
ordinance no. 9900-2015
specific use permit no. 971
case no. su150802