From
Chris Hartmann
Title
SU180702/S180702 - Specific Use Permit/Site Plan - Premier Adjusters, 1501 W. Shady Grove (City Council District 1). Consider a request to approve a Specific Use Permit for an Impound Lot. Tract 20, John C. Read Survey, Abstract No. 1183, in the City of Grand Prairie, Dallas County, Texas. The 1.76 acre property is zoned LI, Light Industrial District. The property is generally located on the south side of W. Shade Grove Road, approximately 1150-feet west of Hardrock Road. The property is addressed as 1501 W. Shady Grove. The agent is Danny Barsch, the applicant is Brad Webb, and the owner is D.J. Babaria, GD Holdings Inc. (On July 2, 2018, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0).
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
This is a request for a Specific Use Permit for an Impound Lot operated by Premier Adjusters for the short-term parking of repossessed vehicles at 1501 W. Shady Grove. The 1.76-acre property zoned LI, Light Industrial District, is generally located on the south side of W. Shady Grove Road, approximately 1150-feet west of Hardrock Road. The property lies in Dallas County as well as City Council District 1. In one year's time, this Specific Use Permit will be up for renewal and verification of complaince.
ADJACENT LAND USES AND ACCESS:
North - To the north is zoned LI, Light Industrial District, and the location of an industrial equipment supplier
East - To the east is zoned LI, Light Industrial District, and the location of concrete manufacturing
South - To the south is zoned LI, Light Industrial District, and the location of a mobile home park
West - To the west is zoned LI, Light Industrial District, and the location of a warehouse
PURPOSE OF REQUEST:
The applicant, Premier Adjusters, Inc. seeks City Council approval of a Specific Use Permit necessary to obtain the authorization for the short-term parking of repossessed vehicles. This company will be parking five to fifteen vehicles typically three or four days. After pictures are taken and a condition report is done, the vehicles are shipped off to auction if not claimed.
CHARACTERISTICS AND FUNCTION:
Use:
Premier Adjusters, Inc. is a Texas based company, founded in 1984. The nature of the business is solely collateral recovery for lien holders when a customer’s contract has been defaulted on. They are primarily employed by banks, finance companies, and credit unions all over the United States.
Premier Adjusters offices are not open to the public. Their clients are regulated by the Consumer Financial Protection Bureau.
Employees and Hours of Operation:
The facility is expected to will employee approximately eight people initially. Six employees will be working in the adjacent office, while the other two will be operating trucks as field agents. The hours of operations will be Monday through Friday between 8:30 AM and 5:30 PM.
Access and Parking:
Primary access to the subject property will be W. Shady Grove Rd and will be an employee-only site.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The subject property is designated as appropriate for Light Industrial Development on the Future Land Use Map (FLUM). The proposal is consistent with the FLUM. Annually the City amends the FLUM to resolve conflicts between zoning and FLUM designations.
RECOMMENDATION:
Planning Staff recommends approval of this Specific Use Permit for the short-term parking of repossessed vehicles subject to the following conditions:
• No subleasing of the property to outside operators.
• No inoperable vehicles may be parked or stored on-site.
• Shall comply with approved Site & Operational Plan.
• A manifest must be kept of vehicles currently and previously on the site.
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 IMPOUND LOT IN A LI, LIGHT INDUSTRIAL DISTRICT, TO WIT: BEING A 1.76 ACRE PROPERTY OUT OF TRACT 20, JOHN C. READ SURVEY, ABSTRACT NO. 1183, 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, 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 Impound Lot in a LI, Light Industrial District; and;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on July 2, 2018, 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 Impound Lot in a LI, Light Industrial 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 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 Impound Lot in a LI, Light Industrial 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 P.M. on July 17, 2018, 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 1053 for the property location described as follows:
Tract 20, John C. Read Survey, Abstract No. 1183, in the City of Grand Prairie, Dallas County, Texas, located at the address 1501 W. Shady Grove, as shown in Exhibit A - Location Map, which is incorporated by reference.
SECTION 2: Specific Use Permit
FOR OPERATION OF A USED AUTO SALES BUSINESS WITHIN A LI, LIGHT INDUSTRIAL DISTRICT.
1. As outlined within the Operational Plan (Exhibit D) contained within the Specific Use Permit Application File No. SU180702/S180702, and as more specifically stated and codified herein, the development shall adhere to the following operational standards:
a) No subleasing of the property to outside operators.
b) No inoperable vehicles may be parked or stored on-site.
c) Shall comply with approved Site & Operational Plan.
d) A manifest must be kept of vehicles currently and previously on the site.
SECTION 3: Compliance
All development must conform to the approved Development Plans (Exhibit B - Site Plan, and Exhibit C - Landscaping Plan), 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 Impound Lot in a LI, Light Industrial District; 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.
7. 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
8. 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 17th of July, 2018.
CASE NUMBER: SU180702/S180702
ORDINANCE NUMBER: 10500-2018
SPECIFIC USE PERMIT NUMBER: 1053