From
Chris Hartmann
Title
SU980303A - Specific Use Permit Revocation or Renewal 674 - 2302 S Carrier Parkway (City Council District 2). A Specific Use Permit for an Automotive Repair Facility being an approximately 0.516 acre tract of land, Tract 11, Charles Gibbs Survey, Abstract 534, City of Grand Prairie, Dallas County, Texas. (On August 5, 2019, the Planning and Zoning Commission recommended approval of this request by a vote of 7-0).
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
Consider the renewal or revocation of Specific Use Permit 674 for Automotive Repair Facility on 0.516 acre located at the northwest corner of Freetown Road and S. Carrier Parkway, specifically addressed at 2302 S. Carrier Parkway. Zoned General Retail (GR) District and within State Highway 161 Overlay Corridor (SH-161) District.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Land Use |
|
North |
General Retail (GR) District |
Undeveloped |
|
East |
General Retail (GR) District |
Neighborhood Retail Store |
|
West |
General Retail (GR) District |
Undeveloped |
|
South |
General Retail (GR) District |
Undeveloped |
HISTORY:
Ordinance 5585 was approved April 7, 1998.
PURPOSE OF REQUEST:
As required by Ordinance No. 5885 for Specific Use Permit 674 all development activity shall conform with the adopted site plan, compliance with the provisions of the ordinance limited the use to Automotive Repair Facility only and restricting body work, auto storage and auto sales. 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 other applicable regulatory requirements and/or enforced by the state and federal government.
STATUS:
As required, staff requested inspections of the property and operations by the Code Enforcement Division and the Environmental Services Department. The inspections conducted indicated that there are numerous violations that span multiple years and are not improving significantly.
Due to ongoing code violations, citations, and the owner/operator unwilling to comply; this property/business is considered a public nuisance.
The violations as noted by Planning and Code Compliance are as follows: (Including attached report from Code Enforcement Division)
• Outside storage of vehicles.
• Vehicle Sales.
• Nonconforming (pole) sign in dis-repair.
• Portions of parking lot in dis-repair.
Status Update: Applicant met with staff on July 11th and discussed methods to limit the length of time vehicles were stored on the property and addressed maintenance items. The applcant has since submitted permit via Building Department for on-site pavement repair, however sign repair and update remain pending.
RECOMMENDATION:
DRC recommmends the Planning & Zoning Commission approve the renewal of SUP-674 subject to Twelve (12) month renewal extension period and subsequent evaluation for compliance with and other applicable regulations upon completion of this period.
During the review period, staff recommends the applicant take the following actions:
- Repair parking lot and signage along S Carrier Pkwy.
- Limit the time to store vehicles awaiting repair to 15 days.
- All vehicles must be parked in marked spaces if not within service bays.
Planning and Zoning Commission recemmended approval subject to staff's reccomandations and (3) three-month renewal extension.
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 THE RENEWAL OF A SPECIFIC USE PERMIT FOR GENERAL AUTO REPAIR TO WIT: BEING 2302 S. CARRIER PKWY, 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; PROVIDIING A PENALTY; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on April 7, 1998, the Grand Prairie City Council approved, via Ordinance No. 5585 (Planning Case File No. SU980303), a Specific Use Permit for General Auto Repair, and
WHEREAS, said Ordinance stipulated that the Grand Prairie City Council shall conduct a public hearing periodically after approval of said Ordinance to confirm continued compliance with adopted development standards and all applicable codes; and
WHEREAS, Staff has verified that the subject property is in substantial compliance with the approved development standards and applicable codes and hereby recommends approval of the renewal of Ordinance No. 5585 for a General Auto Repair, and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on August 5, 2019, following legal notice of such public hearing before the Planning and Zoning Commission has been published in the paper of record, for the proposed renewal of Ordinance No. 5585 for a Specific Use Permit for General Auto Repair, said Notice having been given not less than ten (10) days before the date set for hearing, and
WHEREAS, after consideration of said application, the Planning and Zoning Commission of the City of Grand Prairie, Texas voted 7 to 0 to recommend approval to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to grant the renewal of Ordinance No. 5585 for a Specific Use Permit for General Auto Repair for 12 months, 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 20, 2019 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 a specific use may continue on said property as herein provided and does consider and find that this Ordinance granting an extension of the Specific Use Permit 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 for the property addressed as 2302 S. Carrier Pkwy, as shown in Exhibit A - "Location Map" and addressed at 2302 S. Carrier Pkwy.
SECTION 2: Specific Use Permit
For the operations of a Specific Use Permit General Auto Repair.
1. All developments must conform with the approved Site Plan attached as Exhibit B - "Site Plan".
2. If the use is discontinued for a period of six (6) months or more, the Specific Use Permit will be considered void and terminated and no further Specific Use Permit for automotive repair uses shall be granted.
3. There shall be no body work, no storage of vehicles exceeding 15 days from the date a vehicle is brought for repair.
SECTION 3: Compliance
All development must conform to the approved Development Plans, which are herein incorporated by reference.
1. By this Ordinance, this Specific Use Permit for General Auto Repair, shall automatically terminate, in accordance with Section 5.4.1 of the Unified Development Code, upon cessation of said use for a period of six (6) months or more.
2. 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.
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 SUP number and title.
6. By this Ordinance, City Council shall conduct a public hearing in one (1) year from the approval date of this Ordinance to confirm compliance with the requirements and standards contained herein.
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 7
That the terms of this Ordinance are severable and are governed by Section 1-4 of the Code of Ordinances of the City of Grand Prairie, Texas.
SECTION 8.
That a violation of this ordinance is a misdemeanor punishable in accordance with Section 1-8 of the Code of Ordinances of the City of Grand Prairie, Texas. The penalty provided herein shall be cumulative of other remedies provided by state law, and the power of injunction as provided in V.T.C.A. Local Government Code Section 54.016 and as may be amended, may be exercised in enforcing this article whether or not there has been a complaint filed.
SECTION 9.
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 AUGUST, 2019, subject to (6) Six-month review/re-evaluation fop compliance.
ORDINANCE NO. 10688-2019
SPECIFIC USE PERMIT NO. 674A
CASE NO. SU980303A