File #: 12-1874    Version: 1 Name: SU120803 - 1172 107th Street
Type: Ordinance Status: Adopted
File created: 7/6/2012 In control: Planning
On agenda: 8/21/2012 Final action: 8/21/2012
Title: SU120803 - Specific Use Permit - 1172 107th Street (City Council District 1). Approval of a Specific Use Permit for an auto body and paint shop in a proposed auto collision repair and customization facility located on 1.67 acres. The subject property is zoned Light Industrial (LI) District and is generally located east of N. State Highway 360 and south of Aveneue J East. The owner is BJCJ Industrial Properties LTD and the applicant is Tuan Ngo. (On August 6, 2012, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0.)
Attachments: 1. DimDenReq.pdf, 2. Exhibits.pdf, 3. PZ MINUTES 8-6-12.pdf
From
Chris Hartmann
 
Title
SU120803 - Specific Use Permit - 1172 107th Street (City Council District 1). Approval of a Specific Use Permit for an auto body and paint shop in a proposed auto collision repair and customization facility located on 1.67 acres. The subject property is zoned Light Industrial (LI) District and is generally located east of N. State Highway 360 and south of Aveneue J East. The owner is BJCJ Industrial Properties LTD and the applicant is Tuan Ngo. (On August 6, 2012, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0.)
 
Presenter
Bill Crolley, Director of Planning and Development
 
Recommended Action
Approve
 
Analysis
SUMMARY:
 
Consideration of a request for the approval of a Specific Use Permit for an auto body and paint shop in a proposed auto collision repair and customization facility located on 1.67 acres. The subject property is zoned Light Industrial (LI) District and is generally located east of North State Highway 360 and south of Aveneue J East.
 
ADJACENT LAND USES AND ACCESS:
 
North -      Property to the north is zoned Light Industrial (LI) District.  There is currently an existing  Specific Use Permit (S-825 by Ordinance 8008) in place for outside storage of landscaping materials and equipment
 
South -       To the south property is zoned Light Industrial (LI) District and is developed with an industrial warehouse located in the City of Arlington.
 
East -      Immediately to the east is a Great Southwest Railroad Spur, farther east is property zoned Light Industrial (LI) District and is developed with an industrial warehouse.
 
West -      Immediately to the west is 107th Street.  The street is constructed as a four lane divided roadway but is not classified as such on the Master Transportation Plan (MTP).  It was constructed in this manner to conform to existing development within the City of Arlington.  Property to the west of 107th Street is zoned Planned Development 339  (PD-339) District for all uses allowed in a Light Industrial (LI) District plus a Hotel and Spa.  It is currently used as a rehabilitation facility.
 
PURPOSE OF REQUEST:      
 
To amend the Light Industrial (LI) District by the approval of  a Specific Use Permit (SUP) for a body shop with paint booth in a proposed auto collision repair and customization facility.  According to Article 4, "Permissible Uses" of the Unified Development Code paint and body shops require the approval of a Specific Use Permit in all districts where they are allowed.
 
PROPOSED USE CHARACTERISTICS AND FUNCTION:
 
The proposed use will function as an auto collision repair and customization facility with an auto body shop, and paint booth.  The facility will also be using a roll on frame straightening machine and specialized wheel alignment equipment.  Paint storage cabinets which meet the City's fire code will be installed in addition to a pre-engineered paint mixing booth.  The business will be located in an existing 20,250 square foot masonry warehouse with a fire sprinkler system on 72,745 square feet or 1.67 acres.    
 
The existing building currently exceeds the needs of the startup company but the additional space will allow all vehicles to be stored in the building.  During the day vehicles stored in body shop work areas will be moved outside the building into a secure parking area on the south property line.  The facility will also have a custom aftermarket accessory showroom adjacent to the customer waiting area and six offices for business use.  The applicant is not proposing any building modifications at this time.  Landscaping, which met the 4% Light Industrial (LI) District standards  at the time of development, is currently in place.  The existing paving which is a mix of concrete and asphalt, provides a total of 42 parking spaces in both interior storage and striped outside parking.
 
The existing dumpster also located inside the security fencing, is set back approximately 80 feet from public right-of-way and is determined to be vested by continuous industrial usage.  The City's Solid Waste Manager has waived dumpster screening requirements.
 
The applicant has indicated the business will start with three employees and add additional employees as the business expands.  Their proposed hours of operation are from 9:00 a.m. to 6:00 p.m. Monday through Friday and 9:00 a.m. to 3:00 p.m. on Saturdays.  The facility will be closed on Sundays.
 
ZONING HISTORY:
 
The property was annexed to the City in 1956 by Ordinance 1128.  It is located in the J.R. Parker Survey, Abstract 1227.  Zoning maps from 1977 show the area as Light Industrial (LI) District.  The zoning has been in place since that time.
 
CONFORMANCE WITH COMPREHENSIVE PLAN:
 
The Future Land Use Map of the November, 2010 Comprehensive Plan show this area for Light Industrial uses.  The Light Industrial (LI) District allows auto body and paint shops with the approval of a Specific Use Permit. Staff has determine that if approved the use will be in conformance with the 2010 Comprehensive Plan.
 
PROJECT'S VESTED STATUS:
 
A Final Plat was found for the site plan area titled Site 1, Block 2, Great Southwest Industrial District, Community No. 1. Plat Records of Tarrant County Texas.  The date of application submittal for this Site Plan request is June 19, 2012. Vesting established by the Final Plat is deemed valid since there is a measurable and verifiable progress of development evident within the five year period after P&Z approval of the Final Plat.  Submittal of this Specific Use Permit application will vest this project to development standards in place for the proposed use as of the date of application submittal of June 19, 2012.
 
DENSITY AND DIMENSIONAL IMPACTS:      
 
Density and dimensional standards are highlighted in the attach:
 
REQUESTED APPEALS BY APPLICANT:
 
No appeals are being requested by the applicant.
 
RECOMMENDATION:
 
The Development Review Committee (DRC) recommends full approval of this request as no appeals to the Unified Development Code are being requested.
 
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 A PROPOSED SPECIFIC USE PERMIT FOR AN AUTO BODY SHOP AND PAINT BOOTH IN A LIGHT INDUSTRIAL (LI) DISTRICT, TO WIT: BEING, A 1.67 ACRE PARCEL OF LAND DESIGNATED AS SITE 1, BLOCK 2, GREAT SOUTHWEST INDUSTRIAL DISTRICT, GRAND PRAIRIE, DALLAS COUNTY, TEXAS, AND BEING ADDRESSED AS 1172 107TH STREET, 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 a Specific Use Permit for an Auto Body Shop and Paint Booth 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 August 6, 2012 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 and Paint Booth 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 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 an Auto Body Shop and Paint Booth 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 Council Chambers, 317 College Street, at 6:30 o'clock P.M. on August 21, 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 896 for the property location described as follows:
 
Being, A 1.67 acre parcel of land platted as Site 1, Block 2, Great Southwest Industrial District, Grand Prairie, Tarrant County, Texas, and being addressed as 1172 107th Street, and as shown on the approved site plan labeled as Exhibit 'A', which is incorporated herein by reference.
 
SECTION 2.
 
Specific Use Permit
 
A.      FOR OPERATION OF AN AUTO BODY SHOP & PAINT BOOTH - Within a Light Industrial District.
      1. All operations must be done in compliance with the approved site plan and operational plan as approved by City Council.
      3. 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.
      1. Future expansion of the facility must be done by submitting a revised site plan for review and approval to the Planning Department.
      1. Dumpster screening elevations and details must be shown on the approved site plan and location must be approved by city solid waste contractor.
      1. Must maintain compliance with City Ordinance # 7408 Automotive Related Business regulations.
      1. Operation of an auto body shop with paint booth shall be conducted in accordance with the requirements of the 2003 International Fire Code (IFC) and the adopted amendments.
      1. The storage and use of flammable and combustible liquids in repair garages shall comply with Chapter 34, IFC.
      1. Welding, cutting, open torches and other hot work operations and equipment shall comply with Chapter 26, IFC.
      1. Operations which involve the application of flammable finishes shall comply with Chapter 15, IFC.
      1. Cross connection 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 building inspections. It is required that you provide the make model and location of the backflow preventer to be installed. This information is required during the first submission of building permits. Testing fees for backflow prevention devices must be paid prior to issuance of building permits.  
      1. 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 the application for a building permit. Structure and location should meet the requirements of the department.  
      1. All waste disposal services shall be contracted with Grand Prairie's solid waste disposal contractor. 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 at (817) 261-8812 [city code 26-105(a)]. Mechanical garbage and trash compactors shall conform to city code sections 29-74 and 26-75.
      3. 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.
      1. 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 the daytime hours between six o'clock a.m. and ten o'clock p.m. when constructing a building with 300 feet of a residence.
      3. 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)]
      1. 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.
      1. All work related to the operation must be done indoors.
      1. No washing shall be allowed on site without a covered car wash bay with sand and grit trap tied into the sanitary sewer as approved by the Environmental Services Department.
      1. Must provide documentation that the operation is in compliance with Texas Commission of Environmental Quality Air authorization.
      1. No parking shall be allowed on unpaved surface.  All new paving must meet current city standards.
      1. No salvaging shall be allowed on site.
      1. No auto sales will be allowed on site.
      1. All damaged vehicles must be screened from public right-of-way.
 
B.      COMPLIANCE - All development must conform to the approved site plan labeled as Exhibit "A", which is incorporated herein by reference.
 
1.      The Specific Use Permit (SUP) shall automatically terminate in accordance with Section 5.4.1 of the Unified Development Code if no building permit is issued for "Auto Body Shop and Paint Booth" 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.
 
a.      If a building permit is not required for "Auto Body Shop and Paint Booth", the Specific Use Permit shall automatically terminate if no certificate of occupancy is issued for "Auto Body Shop and Paint Booth" within six (6) months after City Council adoption of this Ordinance.
 
 
2.      Furthermore, by this SUP Ordinance, the Specific Use Permit shall automatically terminate if no certificate of occupancy is issued for "Auto Body Shop and Paint Booth"  within six (6) months after the issuance of a building permit.
 
3.      Furthermore, by this SUP Ordinance, the City Council shall conduct a public hearing one 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 with other applicable regulatory requirements administered and/or enforced by the state and federal government.
 
SECTION 3.
 
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 4.
 
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
 
SECTION 5
 
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 21st of august 2012.
 
specific use permit no. 896
CASE NO. SU120803
ORDINANCE NO. 9388-2012