From
Chris Hartmann
Title
SU180602 - Specific Use Permit - Paintless Dent Repair, 2100 N. Highway 360 (City Council District 1). A Specific Use Permit for an Auto Body Shop use within a 7,500 square foot commercial lease space. The proposed auto body shop is located within a commercial lease space in the DFW Corporate Park Office Campus at 2100 N. Hwy 360, Suite 2200. Zoned Light Industrial (LI) District and located within the SH 360 Overlay Corridor District, GSC Development Corp Addition is generally located northeast of W. Carrier Pkwy and northbound SH 360 Service Road. The agent is Shane Clark and the owner is Ben Weil. (On June 4, 2018, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0).
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
SU180602 -Specific Use Permit -Auto Body Shop at 2100 N. Hwy 360 (City Council District 1). A request to grant a Specific Use Permit for an Auto Body Shop to operate a paintless dent repair facility in a 7,500 sq. ft. lease space located within a general office park. The 7,489 square foot lease space is located in (DFW Corporate Park Office Campus) an existing 211,000 square foot office park consisting of 22 buildings on 16.2 acres (GSC Corporation, Tract 1). The property is generally located northeast of W. Carrier Pkwy and northbound SH 360 Service Road, more specifically 2100 N. SH 360, Suite 2200. The property is zoned Light Industrial (LI) District and lies with the SH 360 Overlay Corridor District as well as the Great Southwest Industrial District.
SUMMARY:
Consider a request for approval of a Specific Use Permit for Auto Body Shop. The applicant is proposing to operate an innovative and unique auto dent repair shop located in a commercial office park. The 16.2 acre property is zoned Light Industrial (LI) District. Located at the southeastern portion of the office campus, the proposed 7,500 square foot lease space provides rear entry for vehicle service with no bay doors auto entry from W. Carrier Parkway.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Land Use |
|
North |
Light Industrial (LI) District |
Professional & Medical Office Uses |
|
East |
Light Industrial- (LI) District |
Industrial Uses |
|
West |
Light Industrial (LI) District |
NB Hwy 360 Service Road |
|
South |
Light Industrial (LI) District |
Professional & Medical Office Uses |
Primary access to the site shall be from existing divided commercial drive via W. Carrier Parkway. A secondary 30’ commercial drive along W. Carrier Parkway is to the east as well as cross access easements throughout the campus.
PURPOSE OF REQUEST:
The applicant is seeking a Specific Use Permit to operate an Auto Body Shop at 2100 N Hwy 360, Suite 2200, Grand Prairie, Texas. Auto Body Shop requires approval of a Specific Use Permit in Light Industrial zoning districts per Article 4, “Permissible Uses” of the Unified Development Code, Section 4.8.4. The request for auto body uses shall be limited to the 7,500 square foot lease space and adjoining parking to accommodate that use.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The lease space (Suite 2200) is orientated towards the southeastern portion of the Office Park. The business has direct access from W. Carrier Parkway. Adequate customer parking is being provided up front (15 spaces), with employee and customer completed vehicle repair spaces (24 spaces) located towards the rear of the facility. The space provides for two (2) 12’ overhead roll-up doors located on the rear of the facility and will not be visible from the street. The remaining elements and functions of the office park will be unchanged.
General Operations:
According to the Operational Plan and discussion with the applicant, the single tenant Auto Body Shop facility will be open Monday through Friday from 9:00 AM to 5:00 PM, Saturday 9:00 AM to 12:00 PM. The repair shop provides primarily paintless dent and ding removal, utilizing unique tools and techniques developed to repair hail damage and other minor dings and creases to auto bodies without sanding, grinding and/or painting. The businesses will have 10 workstations with all work being done inside.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The subject property is designated as appropriate for Commercial, Retail & Office uses on the Future Land Use Map (FLUM). Commercial, Office and Retail typically include commercial uses appropriate for retail and office environments. The proposal is inconsistent with the FLUM.
Objective 15: Policy 11 of the Comprehensive Plan addresses Auto Related Business (ARB) by advocating for SUP requirement with conditions and standards when considered.
APPLICABLE DEVELOPMENT STANDARDS:
This site shall conform to the Auto-Related Business (ARB) Standards. In conjunction with the ARB standards, staff recommends no outside repair and/or storage of parts and materials. Parking of vehicles shall be in spaces designated on the operational plan (Exhibit A).
REQUESTED APPEALS BY APPLICANT:
No appeals are being requested by the applicant.
RECOMMENDATION:
DRC recommends approval of the Specific Use Permit with the following conditions:
1. No repair work shall be performed outside;
2. The applicant shall not operate more than 10 bays or work stations;
3. The number of cars awaiting work or pickup shall not exceed the number of spaces designated for customer cars on the approved Site Plan/Operational Plan;
4. The operator shall maintain a ledger of all vehicles on the premesis and shall make the ledger available to the City upon request.
The Planning & Zoning Commssion recommended approval by vote of 8-0, subject to staff recommended conditions:
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 AN AUTO BODY SHOP IN A LIGHT INDUSTRIAL (LI) DISTRICT, IN A 7,489 SQUARE FOOT LEASE SPACE LOCATED IN GSC COPORATION TRACT 1 ADDITION, GRAND PRAIRIE, TEXAS, AND BEING ADDRESSED AS 2100 N. STATE HIGHWAY 360, SUITE 2200; SAID ZONING ORDINANCE AND MAP 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 include a Specific Use Permit for an Auto Body Shop 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 June 4, 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 a Specific Use Permit for an Auto Body Shop 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 8 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 an Auto Body Shop 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 Hall Plaza Building at 6:30 o'clock P.M. on June 19, 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 1047 for the property being addressed as 2100 N. State Highway 360, Suite 2200 and as shown in attached Exhibit A - Location Map and as legally described GSW Corporation , Tract 1, Grand Prairie, Dallas County, Texas.
SECTION 2: STANDARDS AND CONDITIONS
That, for operations of a Specific Use Permit for an Auto Body Shop in a Light Industrial (LI) District, the following standards and conditions are hereby established as part of this ordinance:
1. This Specific Use Permit is issued for lease property located at 2100 N. STATE HIGHWAY 360, SUITE 2200, GRAND PRAIRIE, TEXAS as delinieated on pages 2 and 3 of Exhibit A - Location Map. Authorization granted by this Specific Use Permit shall not extend to any other property, suite, lease space, or user with operations outside of Suite 2200, including the user herein authorized.
a. This Specific Use Permit is issued solely for the purpose of authorizing paintless dent repair and does not authorize use of the property in a manner inconsistent with the Operational Plan attached hereto as Exhibit B, including any use which may otherwise be defined as Auto Body Repair that is not paintless dent repair.
b. No more than ten (10) paintless dent repair stations shall be operated simultaneously.
2. The development shall maintain compliance with all Federal, State and Local regulations; including, but not necessarily limited to, all applicable standards and regulations of the Grand Prairie Municipal Code and Unified Development Code.
3. Any zoning, land use requirements and restrictions not contained within this specific use permit ordinance shall conform to those requirements specified in the Light Industrial (LI) District as adopted and amended in the Unified Development Code (UDC). Where there is a conflict between the UDC and this ordinance, unless explicitly contained in this ordinance, the more restrictive shall prevail.
4. The development shall adhere to the City Council approved Exhibit B - Operations and Site Plan and Exhibit C - Elevations. No vehicle entrances shall be constructed on any building face other than the north (rear-facing) side of the building.
5. All operations shall maintain compliance with City Ordinance No. 7408, Automotive Related Business (ARB) regulations.
6. The occupancy of the property shall be limited to one (1) tenant.
a. Each successive tenant shall obtain their own Certificate of Occupancy prior to occupancy of the property.
b. Upon a change in use by a tenant that requires an amendment of their Certificate of Occupancy, the tenant’s Certificate of Occupancy shall be returned to Grand Prairie Building Inspections wherein a new Certificate of Occupancy shall be issued to include said changes in use, provided said changes in use are deemed permissible.
c. Upon vacancy of the property by a tenant, the tenant’s Certificate of Occupancy shall be returned to Grand Prairie Building Inspections. The tenant space shall not be reoccupied until such time that a new Certificate of Occupancy is issued for occupancy of the tenant space.
7. Outside repair and/or service of vehicles is prohibited.
8. Auto sales are prohibited.
9. Salvaging of any kind is prohibited.
10. The required parking spaces, as shown on Exhibit B - Site Plan, shall remain available for the customers, employees/owners, visitors, or repaired vehicles awaiting pickup. Vehicles awaiting repair shall only be parked behind the building in spaces designated for in Exhibit B.
11. The use of public rights-of-way for parking or storage of a vehicle or vehicles, including those owned or otherwise controlled by a customer, employee/owner, or visitor, is hereby prohibited.
12. Each vehicle will be brought to the facility under its own power. Vehicles shall not be towed or carried to the facility. Inoperable vehicles shall not be brought to the facility or stored anywhere on the premises.
13. A paint booth shall not be installed.
14. All development and use of the site 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.
15. 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 of all vehicles on the property:
a. Vehicle Identification Number, Make, Model and Year.
b. Date the vehicle brought in for service or repair.
c. Vehicle owner’s name and contact information.
d. Type of service or repair needed.
e. Estimated time to complete service or repair.
SECTION 3: COMPLIANCE
That, all development must conform to the approved site plan and all exhibits incorporated herein, as well as those incorporated herein by reference.
1. By this Ordinance, this Specific Use Permit shall automatically terminate in accordance with Section 5.4.1 of the Unified Development Code if a building permit is not issued for said use within one (1) year after City Council adoption of this Ordinance, or upon cessation of said use for a period of six (6) months or more.
2. Furthermore, by this Ordinance, the City Council shall conduct a public hearing one (1) year following certificate of occupancy of the existing shop building to confirm compliance with all applicable codes which shall include, but not be limited to, the requirements of this 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. 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.
4. 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.
5. The Certificate of Occupancy shall note the existence of this Specific Use Permit by its number and title.
SECTION 4.
That, 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.
SECTON 5.
That, 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 19th DAY of June, 2018.
ORDINANCE NO. 10481-2018
CASE NO. SU180602
SPECIFIC USE PERMIT NO. 1047