File #: 12-2205    Version: 1 Name: SU121101 - 135 S.E. 16th Street
Type: Ordinance Status: Adopted
File created: 10/14/2012 In control: Planning and Zoning Commission
On agenda: 11/18/2012 Final action: 11/18/2012
Title: SU121101 - Specific Use Permit - 135 S.E. 16th Street (City Council District 5). Approval of a Specific Use Permit for an auto body shop with paint booths on .559 acres. The subject property is zoned Light Industrial (LI) District and is located within Central Business District 3 (CBD-3) Overlay District. The property is generally located south of E. Main Street and east of S.E. 14th Street. The owner/applicant is Juan Barbosa and the agent is E.D. Hill. (On November 5, 2012, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0.)
Attachments: 1. Den dim Req.pdf, 2. Exhibit A.pdf, 3. SU121101 P&Z Minutes 11-5-12.pdf
From
Chris Hartmann
 
Title
SU121101 - Specific Use Permit - 135 S.E. 16th Street (City Council District 5).  Approval of a Specific Use Permit for an auto body shop with paint booths on .559 acres. The subject property is zoned Light Industrial (LI) District and is located within Central Business District 3 (CBD-3) Overlay District.  The property is generally located south of E. Main Street and east of S.E. 14th Street.  The owner/applicant is Juan Barbosa and the agent is E.D. Hill. (On November 5, 2012, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0.)
 
Presenter
Director of Planning and Development Bill Crolley
 
Recommended Action
 
Approved
 
Analysis
SUMMARY:
 
Consideration of a request for the approval of a Specific Use Permit for an auto body shop with paint booths on .559 acres. The subject property is zoned Light Industrial (LI) District and is located within Central Business District 3 (CBD-3) Overlay District.  The property is generally located south of E. Main Street and east of S.E. 14th Street.
      
ADJACENT LAND USES AND ACCESS:
 
North -      Property to the north is zoned Light Industrial (LI) District and is used for auto storage.  All surrounding properties are within Central Business District 3 (CBD-3) Overlay.
 
South -       Property to the south is zoned Light Industrial (LI) District and is used for auto bumper repair and has an SUP for its operation (SUP-685).
 
East -      Immediately to the east is S.E. 16th Street classified on the Master Transportation Plan (MTP) as a local two lane undivided street (L2U).  Properties across S.E. 16th Street are zoned Light Industrial (LI) District and are developed with various automotive uses.
 
West -      Property to the west is zoned Light Industrial (LI) District and is used for auto storage and other automotive uses.
 
PURPOSE OF REQUEST:      
 
To amend the Light Industrial (LI) District by the approval of  a Specific Use Permit (SUP) for a body shop with paint booth.  According to Article 4, "Permissible Uses" of the Unified Development Code paint and body shops require the approval of a Specific Use Permit in all districts where they are allowed.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
 
The proposed use will function as an auto body shop, and paint booth.  The existing metal building will be leased to two to three tenants for the requested use.  Paint storage cabinets which meet the city's fire code will be installed in addition to a pre-engineered paint mixing booth if it is done on site.  The businesses will be located in the existing the existing 6,400 square foot metal building located on 0.559 of an acre.    
 
Landscaping, has been installed in the front building setback that meets the 4% minimum landscape area for Light Industrial (LI) District standards.  The existing paving is concrete which meets current City standards. Parking provided is 14 parking spaces.  Parking for automotive uses requires 1 space per 400 feet of building area.  
 
The existing dumpster is located inside the security fencing, and is set back approximately 35 feet from public right-of-way.  The city's Solid Waste Manager and the city's solid waste contractor must be contacted for approval of the dumpster location and  access requirements.
 
The applicant has indicated the site will have with three lease spaces and will have approximately nine employees as the business expands.  Their proposed hours of operation are from 9:00 a.m. to 6:00 p.m. Monday through Saturday.
 
Decomposed asphalt has been placed in the front building setback adjacent to public right-of-way.  This does not qualify as a landscaping material.  Staff is concerned that this will be perceived as a paving material and encourage parking in front of the building.  Staff recommends replacing the material with grass.  All landscaping must be irrigated to city standards.
 
ZONING HISTORY:
 
Zoning maps from 1977 show the area as Light Industrial (LI) District.  The zoning has been in place since that time.
 
CONFORMANCE WITH COMPREHENSIVE PLAN:
 
The Future Land Use Map of the 2010 Comprehensive Plan show this area for light industrial uses.  The Light Industrial (LI) District allows auto body and paint shops with the approval of a Specific Use Permit. Staff has determine that if approved the use will be in conformance with the 2010 Comprehensive Plan.
 
DENSITY AND DIMENSIONAL IMPACTS:      
 
Density and dimensional standards are highlighted in the attach.
 
REQUESTED APPEAL BY APPLICANT:
 
The applicant is appealing the masonry requirement for the façade adjacent to public right-of-way.  Other buildings in this area are constructed of metal.
 
No other appeals are being requested by the applicant.
 
RECOMMENDATION:
 
Since the applicant is requesting the above noted appeal, the Development Review Committee is not able to recommend full approval of this case. However, the applicant is offering the following provisions as compensatory measures that could potentially lessen the impact of the requested appeals.
 
1.        Applicant has agreed to remove and replace the existing metal fence and gate back 18 feet from the property line to allow vehicle access in the driveway without obstructing public right-of-way.
 
2.       Applicant has agreed to remove decomposed asphalt and construct a pipe fence adjacent to public right-of-way to limit parking in the landscaped area in front of the building.
 
 
 
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR A PROPOSED SPECIFIC USE PERMIT FOR AUTO BODY SHOP AND PAINT BOOTH USES, WITH OUTSIDE STORAGE IN A LIGHT INDUSTRIAL (LI) DISTRICT; BEING A 0.559 ACRE PARCEL OF LAND DESIGNATED AS LOT 1, BLOCK 1, BARBOSA ADDITION, GRAND PRAIRIE, DALLAS COUNTY, TEXAS (THE SUP AREA), AND BEING ADDRESSED AS 135 S.E. 16TH STREET; SAID ZONING MAP AND ORDINANCE BEING ORDINANCE NUMBER 4779 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 to the Zoning Ordinance and map of said city so as to amend the zoning designation of said site for a Specific Use Permit for Auto Body Shop and Paint Booth Uses, with Outside Storage in a Light Industrial (LI) District; and;
 
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on November 5, 2012, 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 a Specific Use Permit for Auto Body Shop and Paint Booth Uses, with Outside Storage in a Light Industrial (LI) District; 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 9 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to allow a Specific Use Permit for Auto Body Shop and Paint Booth Uses, with Outside Storage in a Light Industrial (LI) District; 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 Council Chambers, Grand Prairie City Hall, located at 317 W. College Street at 6:30 o'clock P.M. on November 20, 2012 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 1.
 
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 906 for the property location described as follows:
 
Being 0.559 acres of land designated as Lot 1, Block 1, Barbosa Addition, Grand Prairie, Dallas County, Texas (the SUP Area), and being addressed as 135 N.E. 16th Street and as shown on the approved site plan labeled as Exhibit 'A', which is incorporated herein by reference.
 
 
SECTION 2.
 
Specific Use Permit
  1. FOR OPERATION OF AUTO BODY SHOP AND PAINT BOOTH USES, WITH OUTSIDE STORAGE  IN A LIGHT INDUSTRIAL (LI) DISTRICT;
 
Definitions of Permitted Uses:
 
Auto Body & Paint Shop: Means an auto repair facility that does repairs of the frame and body by the process of pulling, beating, part replacement, application of body putty, sanding, and wet sanding to prepare a vehicle for painting. Then paints the vehicles in an approved paint booth, buffs, and polishes to provide a like new auto paint finish.
 
General Auto Repair: Means maintenance, repair, or replacement of the alternator, generator, starter, water pump, battery, brakes or other minor part thereof; minor tune‐up (which consists of distributor cap, rotor and spark plug replacement); change of oil and filter, fan belt, or hoses; lamp replacement; repair of flat tires; muffler replacement/repair; lubrication. Repair in this case may also include service of air conditioning, cooling system, or similar component system. This may also include state vehicle inspections and the minor repairs necessary to pass state requirements
 
Outside Storage: The placement of articles, including merchandise, inventory, equipment, machine and other material, which are not currently in use, in an uncovered area. All outside storage is required to be screened with a solid fence in accordance with Article 8 of this Code.
 
Conditions:
      1. All operations must be done in compliance with the approved site plan and operational plan as approved by City Council.
      1. All development and use of the SUP Area will be required to meet minimum performance standards relating to noise, glare, smoke or particulate matter, odorous matter and vibration as specified in the Unified Development Code.
      1. Future expansion of the facility must be done by submitting a revised site plan for review and approval to the Planning Department.
      1. Dumpster screening elevations and details must be shown on the approved site plan and location must be approved by city solid waste contractor.
      1. All operations shall be performed in compliance with City Ordinance # 7408 Automotive Related Business regulations.
      1. Operation of an auto body shop with paint booth shall be conducted in accordance with the requirements of the 2003 International Fire Code (IFC) and the adopted amendments.
      1. The storage and use of flammable and combustible liquids in repair garages shall comply with Chapter 34, IFC.   Paint and thinner storage shall not exceed 30 gallons.
      1. Welding, cutting, open torches and other hot work operations and equipment shall comply with Chapter 26, IFC.
      1. Operations which involve the application of flammable finishes shall comply with Chapter 15, IFC.
      1. Cross connection devices may be required under the provisions of City Code Chapter 13 Article X depending on how water will be used in the facility. Any cross connection devices that are required must be shown on all plan submittals to building inspections. It is required that you provide the make model and location of the backflow preventer to be installed. This information is required during the first submission of building permits. Testing fees for backflow prevention devices must be paid prior to issuance of building permits.  
      1. The Environmental Services Department requires a sample point be installed on the sanitary sewer line. The location and a sample point detail must be shown on the building plans submitted for review with the application for a building permit. Structure and location should meet the requirements of the department.  
      1. All waste disposal services shall be contracted with Grand Prairie's solid waste disposal contractor. If materials are to be recycled, they shall not be co-mingled with trash. All property owners or facility owners shall contact the City's solid waste contractor for information regarding dumpster location and access. Mechanical garbage and trash compactors shall conform to city code sections 29-74 and 26-75. The general contractor shall be held responsible for ensuring compliance with these city codes.
      3. No operations or activities may result in creation of a nuisance as defined in city code 29-68(12) to (29). Specifically, no building, road or construction activity may cause water to stand and result in mosquito harborage.
      1. All noise created during the construction and subsequent operational activities conducted on the subject property must comply with City Code Chapter 13, Article XIII, Section's 13-275 to 13-286. Construction must be limited the daytime hours between six o'clock a.m. and ten o'clock p.m. when constructing a building with 300 feet of a residence.
      3. Grease and sand traps from automotive centers, service centers, and vehicle wash operations shall be connected to the sanitary sewer system [city code 26-41)]
      1. All facilities must comply with current health and water quality standards before a certificate of occupancy can be issued. These issues will be addressed during the building review process.
      1. All work related to the operation must be done indoors.
      1. No washing shall be allowed on site without a covered car wash bay with sand and grit trap tied into the sanitary sewer as approved by the Environmental Services Department.
      1. Must provide documentation that the operation is in compliance with Texas Commission of Environmental Quality air authorization.
      1. The facility must maintain manifests detailing the types and amounts of chemicals stored within the building area and maintain manifest of their disposition to a state or federally approved disposal site.
      1. No parking or storing of vehicles will be permitted on an unpaved surface.
      1. No salvaging of any type shall be done inside the SUP area.
      1. All damaged vehicles awaiting repair must be screened from public right-of-way in conformance with the standards of screening and setbacks.
      3. A pipe fence shall be installed at the property line in front of the building to limit parking in landscape area adjacent to public right-of-way.
      5. Recycled asphalt does not meet the landscaping requirement for ground cover, it must be removed and replaced with grass or other approved ground cover.  All landscaping must be irrigated to current city standards.
      7. Move the existing fence and gate a minimum of 18 feet from public right-of-way to allow stacking in drive prior to gate being opened.
 
      26.  Must maintain compliance with all federal, state and local environmental regulations.
 
27.      Must practice all best management practices listed in its storm water pollution prevention plan.
 
28. TCEQ air authorization for paint booth is required.
 
B.      COMPLIANCE - All development must conform to the approved site plan labeled as Exhibit "A", which is incorporated herein by reference.
 
1.      The Specific Use Permit (SUP) shall automatically terminate in accordance with Section 5.4.1 of the Unified Development Code if no building permit is issued for "Auto Body Shop and Paint Booth" 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.
 
a.       If a building permit is not required for "Auto Body Shop and Paint Booth", the Specific Use Permit shall automatically terminate if no certificate of occupancy is issued for "Auto Body Shop and Paint Booth" within six (6) months after City Council adoption of this Ordinance.
 
2.      Furthermore, by this SUP Ordinance, the Specific Use Permit shall automatically terminate if no certificate of occupancy is issued for "Auto Body Shop and Paint Booth" within six (6) months after the issuance of a building permit.
 
3.      Furthermore, by this SUP Ordinance, the City Council shall conduct a public hearing one (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 with other applicable regulatory requirements administered and/or enforced by the state and federal government.
 
SECTION 3.
 
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 4.
 
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
 
SECTION 5.
 
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 20th of NOVEMBER, 2012.
 
Ordinance Number 9456-2012
Case Number SU121101
Specific Use Permit Number 906