From
Chris Hartmann
Title
SU160507A - Specific Use Permit Renewal 994- 2012 Young Avenue (City Council District 5). - A Specific Use Permit renewal for a 4,800 square foot major auto repair facility on one property on 0.321 acre. The property is zoned Light Industrial-Limited Standards (LI-LS) zoning district and is located at 2012 Young Street, approximately 178' west of Industrial Avenue. The owner is Bill Suggs. (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 a request for the approval of a specific use permit for Auto Body and Paint Shop/Major Auto Repair uses within a Light Industrial-Limited Specifications (LI-LS) District and within Central Business District No. 3 (CBD 3). The subject site is located at 2012 Young Avenue.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Land Use |
|
North |
Light Industrial-Limited Stds (LI-LS) District |
Proposed Major Auto Body Shop |
|
East |
Light Industrial-Limited Stds (LI-LS) District |
SF Detached Residential |
|
West |
Light Industrial-Limited Stds (LI-LS) District |
Industrial Uses & Outside Storage |
|
South |
Light Industrial-Limited Stds (LI-LS) District |
Auto Storage Uses. |
HISTORY:
Ordinance 10080-2016 was approved June 21, 2016.
May 9, 2019 annual inspection VIOLATIONS CITED
1. Salvaging
2. outside storage of vehicle parts
3. excessive inoperable vehicle storage
4. Fail to Comply (FTC) with specific conditions of the approved SUP vehicles parked / stored in aisles not in marked parking lanes
5. No ledger on vehicles
July 31, 2019 Staff's follow-up inspection noted general compliance with violtions previously cited.
PURPOSE OF REQUEST:
As required by Ordinance No. 10080-2016 for Specific Use Permit 994 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 other applicable regulatory requirements and/or enforced by the state and federal government.
Updated Site Visit: (July 31,2019)
The site was re-inspected on July 31 and the operator of the business has corrected violations and generally conforms with the SUP & ARB regulations with some exceptions.
Issues at this location to be corrected included removing excessive vehicles (8-10) stored on-site and provide a readily availble ledger of vehicles on-site.
RECOMMENDATION:
DRC recommends Planning & Zoning Commission approve the SUP-994 renewal subject to 12-month review and subsequent evaluation/inspection of business oprerations for conformance
Planning & Zoning Commission reccomended approval by vote of 7-0.
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 AN AUTO BODY AND PAINT SHOP AND MAJOR AUTO REPAIRS TO WIT: BEING 2012 YOUNG AVENUE, 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; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on June 21, 2019, the Grand Prairie City Council approved, via Ordinance No. 10080-2016 (Planning Case File No. SU160507A/S160503A), a Specific Use Permit for an Auto Body and Paint Shop and Major Auto Repairs, and
WHEREAS, said Ordinance stipulated that the Grand Prairie City Council shall conduct a public hearing 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. 10080-2016 for a Specific Use Permit for an Auto Body and Paint Shop and Major Auto Repairs, 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. 10080-2016 for a Specific Use Permit for an Auto Body and Paint Shop and Major Auto Repairs, 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. 10080-2016 for a Specific Use Permit for an Auto Body and Paint Shop and Major Auto Repairs, 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 be made of said property as herein provided and 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 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 numbered 994A for the property addressed as 2012 Young Avenue, as shown in Exhibit C - Location Map and addressed at 2012 Young Avenue, Lots 32-35, Block L, Twin Airports Addition.
SECTION 2: Specific Use Permit
For the operations of a Specific Use Permit for an Auto Body and Paint Shop, Major Auto Repairs.
1. All operations must conform to the approved Exhibit A - Site Plan.
2. Must comply with any outstanding Development Review Committee comments for the Specific Use Permit found in File No. SU160507A/S160503A.
SECTION 3: STANDARDS AND CONDITIONS
For operations of a Specific Use Permit allowing for Major Auto Repair and Auto Body and Paint Shop Uses in the Light Industrial Limited Services (LI-LS) District, the following standards and conditions are hereby established as part of this ordinance:
1. 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.
2. 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 Limited Services (LI-LS) 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.
3. The development shall adhere to the City Council approved Exhibit A- Site Plan and Exhibit B - Elevations, which include the following exceptions (appeals) to the above noted standards:
a. Access Drive Width - To accommodate the approved street facing service bay door, the standard access drive width limitation is hereby waived provided that the entire width of the access drive is paved in concrete to form a continuous hard surface driveway from the public roadway to the property line at which point the access drive shall connect to balance of the site’s concrete paved parking lot and circulation areas.
b. Dumpster Enclosure - The requirement for a dumpster enclosure is hereby waived. The dumpster shall be set on casters and only placed along the street on garbage pick-up days. At all other times, the dumpster shall be placed either inside a building or at a location on the property that is screened from public view.
c. Platting - The subject property shall not be required to be platted as a part of this approval.
4. Operational Standards:
a) All operations shall maintain compliance with City Ordinance No. 7408, Automotive Related Business (ARB) regulations.
b) The occupancy of the property and/or building is limited to a single (1) tenant.
c) A Certificate of Occupancy shall be obtained prior to occupancy of the premises.
d) A paint booth shall be installed and approved for use prior to any auto body painting.
e) Salvaging is prohibited.
f) Auto sales are prohibited.
g) All inoperable vehicles shall either be parked inside a building or behind a screening fence.
h) All vehicles, including inoperable vehicles, must be parked within a defined parking space, as shown on the approved site plan. There shall be no parking or storage of vehicles or other items within drive aisles or fire lanes. The use of the public rights-of-way for parking, loading, or unloading shall be prohibited.
i) Outdoor repair, maintenance, and/or inspection of vehicles are prohibited. All vehicle services shall be performed indoors.
j) 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:
i. Vehicle Identification Number, Make, Model and Year.
ii. Date the vehicle brought in for service or repair.
iii. Vehicle owner’s name and contact information.
iv. Type of service or repair needed.
v. Estimated time to complete service or repair.
SECTION 4: COMPLIANCE
All development must conform to the approved Development Plans, 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 Major Auto Repair, Auto Body and Paint Shop Use 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.
5. 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
6. The Certificate of Occupancy shall note the existence of this Specific Use Permit by its SUP number and title.
SECTION 5.
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 6.
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 7.
That the terms of ths Ordinance are severable and are governed by Section 1-4 of the Code of Ordinances or the City of Grand Prairie, Texas.
SECTION 8.
That a violation of this orsinance is a misdemeanor punishable in accordance wth 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 (12) twelve-month review and evaluation for complaince.
ORDINANCE NO. 10687-2019
SPECIFIC USE PERMIT NO. 994a
CASE NO. SU160507a/S160503a