From
Chris Hartmann
Title
SU111102A - Specific Use Permit Renewal - 3055 Kingswood Boulevard (City Council District 6). Approval of the renewal of a Specific Use Permit for a general automotive shop on 0.5820 acres that also includes the following activities: indoor tire sales, oil/lube and tune service, engine/major component repair, state inspection services, and muffler repair. The subject property is zoned Planned Development 178 (PD-178) District and is located east of the intersection of Kingswood Boulevard and State Highway 360. The subject property is located within the State Highway 360 (SH-360) Corridor Overlay District. The owner/applicant is Diab M. Alia. (On November 26, 2012, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0.)
Presenter
Director of Planning and Development Bill Crolley
Recommended Action
Approved
Analysis
SUMMARY:
Consideration of a request for the approval of the renewal of a Specific Use Permit for a general automotive shop on 0.5820 acres that includes general auto repair, quick lube, indoor tire sales and installation, and major component replacement. The subject property is zoned Planned Development 178 (PD-178) District and is located east of the intersection of Kingswood Boulevard and State Highway 360. The subject property is located within the State Highway 360 (SH-360) Corridor Overlay District.
Note:
This site was inspected by the Code Enforcement Division and the Environmental Services Department and both have determined the business to be operating in conformance with the approved SUP Ordinance. Staff is recommending that this case be renewed and no further review shall be required by City Council unless recommended by Staff in conformance with the attached ordinance.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR THE RENEWAL OF A SPECIFIC USE PERMIT FOR GENERAL AUTOMOTIVE REPAIR, WITH TIRE SALES AND INSTALLATION, A QUICK LUBE CENTER AND MAJOR COMPONENT REPLACEMENT IN PLANNED DEVELOPMENT NO 178 (PD-178) DISTRICT, TO WIT: BEING 0.5820 ACRES, AND BEING LOT 2, BLOCK 1, KINGSWOOD CENTER ADDITION, IN THE CITY OF GRAND PRAIRIE, TARRANT COUNTY, TEXAS, AND BEING ADDRESSED AS 3055 KINGSWOOD BOULEVARD, 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 to renew a Specific Use permit for General Automotive Repair, Tire Sales and Installation, a Quick Lube Center and Major Component Replacement in Planned Development No. 178 (PD-178) District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on November 7, 2011, 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 General Automotive Repair, Tire Sales and Installation, a Quick Lube Center and Major Component Replacement in Planned Development No. 178 (PD-178) 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 General Automotive Repair, Tire Sales and Installation, a Quick Lube Center and Major Component Replacement in Planned Development No. 178 (PD-178) 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 Hall Plaza Building at 6:30 o'clock P.M. on November 15, 2011 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, The City Council of the City of Grand Prairie voted 9 to 0 to recommend approval of the Specific Use Permit on November 15, 2011 by the adoption of Ordinance 9308-2011.
WHEREAS, as required by Ordinance 9308-2011, Section 3.1 a review by City Council is required one year after approval. Staff initiated inspections by Code Enforcement and the Environmental Services Department in September, 2012.
WHEREAS, after consideration of said renewal, 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 renew Specific Use permit for General Automotive Repair, Tire Sales and Installation, a Quick Lube Center and Major Component Replacement in Planned Development No. 178 (PD-178) 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 Hall Plaza Building at 6:30 o'clock P.M. on December 11, 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 881A for the property location described as follows:
The location being described as being 0.5820 acres, and being Lot 2, Block 1, in the Kingswood Center Addition, in the City of Grand Prairie, Dallas County, Texas. Being addressed as 3055 Kingswood Boulevard as shown on the SUP Site Plan and labeled as Exhibit 'A', which is incorporated herein by reference.
SECTION 2.
Specific Use Permit
FOR OPERATION OF A GENERAL AUTOMOTIVE REPAIR, TIRE SALES AND INSTALLATION A QUICK LUBE CENTER AND MAJOR COMPONENT REPLACEMENT IN PLANNED DEVELOPMENT NO. 178 (PD-178) DISTRICT. The following conditions are hereby established as part of this ordinance:
1. All operations must conform to the Planning and Zoning Commission approved site plan and operational plan as shown in Exhibit 'A'.
2. No vehicle sales will be permitted on the property.
3. No vehicles shall be stored on this site without a valid work order. Work orders shall not exceed 90 days.
4. The facility must develop and implement an accidental spill plan. The Water Quality Division will provide spill plan development guidelines. A copy of the plan must be forwarded to the Water Quality Division for approval.
5. 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.
6. It shall be unlawful for any person, owner, tenant or employee to commit such acts as listed below:
a. Discharge or deposit, upon any public or private property, any industrial, chemical, hazardous or other regulated waste.
b. Permit crankcase or radiator drainage, vehicle engine wash or other oils, greases, vehicle fuels or like material to be discharged or deposited to any area within the city.
7. The facility shall meet all requirements of the Auto Related Business Ordinance # 7408 Chapter 13 "Health & Sanitation" of the Code of Ordinances.
8. No parking or storing of vehicles permitted on unpaved area.
9. Cross connections 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 the Building Inspections Division. It is required that you provide the make model and location of the backflow preventer to be installed. Testing fees for backflow prevention devices must be paid prior to issuance of building permits.
10. 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 your application for a building permit. Structure and location should meet the requirements of the department.
11. All waste disposal services shall be contracted with Grand Prairie Disposal Company, J.C. Duncan. Commercial-type refuse containers (dumpsters and roll-offs) shall be placed at a location arranged in advance with the city's contractor. If materials are to be recycled, they shall not be co-mingled with trash. All property owners or facility owners shall contact Grand Prairie Disposal Company. [city code 26-105(a)]. 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.
12. 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.
13. 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 to daytime hours between six o'clock a.m. and ten o'clock p.m. when constructing a building with 300 feet of a residence.
14. 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)].
15. 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.
16. Fire Department has determined that new and used tires may all be stored indoors. However, no interior tire storage shall exceed 6 feet in height and shall be configured to minimize the size of storage areas. No permanent outside storage of tires shall be permitted. The Fire Department will require final approval of tire storage prior to issuance of the amended Certificate of Occupancy.
17. All signage must meet the requirements of Article 9, "Sign Standards", of the Unified Development Code and must be approved by a sign permit.
18. The storage of vehicles awaiting service shall not be allowed in the front building setback or in front of the garage doors. Except in approved parking spaces.
19. No work shall be done outside the building.
20. Temporary outside display of tires shall be limited to one rolling rack of no more than 20 tires. Which may be located outside garage doors and adjacent to building while facility is open.
21. Major component replacement shall be allowed by exchange only. No storage of motors or transmissions shall be allowed on site.
22. The applicant shall submit for an amended Certificate of Occupancy (CO) upon completion of all conditions. Additional uses and SUP number shall be added to the CO.
23. The applicant shall have a noise study performed and submit a report to the Environmental Services Department for approval prior to the issuance of the amended Certificate of Occupancy.
SECTION 3.
Compliance
All development must conform to the approved Site Plan labeled as Exhibit 'A', which is herein incorporated by reference.
1. The SUP shall be reviewed by the Planning and Zoning Commission and City Council after one (1) year from the date the ordinance granting the SUP is adopted. The SUP will expire six months after the use is abandoned.
2. If no code violation(s) have been issued within the subsequent renewal period, staff will recommend an option to exercise an administrative renewal process. The City Council reserves the right to modify the time deadline, and require a public hearing, for the succeeding renewal period(s).
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. The Specific Use Permit (SUP) shall automatically terminate in accordance with Section 5.4.1 of the Unified Development Code upon cessation of the use for a period of six (6) months or more.
5. Addendum: As required by Ordinance No. 9308-2011, establishing Specific Use Permit No 881, the City Council reviewed the request for renewal for case SU111102A. On December 11, 2012, the City Council voted 8 to 0 to renew Specific Use Permit No 881A, and no further review shall be required by the City Council unless recommended by city staff.
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 11th DAY of DECEmber, 2012.
ORDINANCE NO. 9468-2012
SPECIFIC USE PERMIT NO. 881A
CASE NO. SU111102A