From
Chris Hartmann
Title
SU120404C - Specific Use Permit Renewal - 2502 Central Avenue (City Council District 5). Renewal of a Specific Use Permit for an auto body shop with general auto repair on 1.026 acres. The subject property, zoned Commercial (C) District, is located at the northeast corner of Central Avenue and N.E. 25th Street. The subject property is located within the Central Business District-Four (CBD-4) Corridor Overlay District. (On June 6, 2016, the Planning and Zoning Commission denied this SUP renewal by a vote of 9-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
SUMMARY:
Request for a six (6) monther renewal of a Specific Use Permit for an auto body and general auto repair facility on 1.026 acres. The site is currently zoned Commercial (C) District and is generally located on the northeast corner of the intersection of Central Avenue and N.E. 25th Street. The subject property is located within the Central Business District-Four (CBD-4) Corridor Overlay District.
ADJACENT LAND USES AND ACCESS:
North - Vacant property zoned Two Family (2-F) District owned by the City that is currently used as athletic fields and playground.
South - Immediately south is Central Avenue, classified on the Master Transportation Plan (MTP) as a local two lane undivided (L2U) roadway. Across Central Avenue are properties zoned Planned Development 237 (PD-237) for Light Industrial uses.
East - Properties zoned for Commercial (C) District partially developed with automotive uses.
West - Immediately to the west is NE 25th Street, classified on the Master Transportation Plan (MTP) as a local two lane undivided (L2U) roadway. Across NE 25th Street are vacant properties zoned Planned Development 237 (PD-237) for Light Industrial uses. The area was previously used as part of Dallas NAS aircraft approach path.
PURPOSE OF REQUEST:
To modify the Commercial (C) District by the approval of a Specific Use Permit for an Auto Body Shop with General Auto Repair, and the additional permitted use of Used Parts Sales. An auto body shop requires the approval of a Specific Use Permit in all districts where it is permitted. General auto repair requires a Specific Use Permit in a Commercial (C) District.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The proposed use will function as an Auto Body Shop, with General Auto Repair. Outside storage of vehicles, waiting to be repaired is being proposed. Wholesale used parts sales will also occur on site. The property is 44,688 square feet or 1.026 acres platted as of Lots 8 through 13, Block C of the Westover Place Revised Addition. The site is developed with a 11,890 square foot, one story metal building located on Lots 13 and 12 on the western portion of the site. There is approximately 1,380 square feet of office area located on the south side of the building. There is a line of native Hackberry trees located along the northern fence line.
Required on site parking for automotive uses is calculated at one space per 400 square feet of building area. At 11,890 square feet, the site would require 30 parking spaces. The applicant has asked staff for an administrative reduction of fifteen percent which is recommended for approval by staff granted. This would reduce the total parking requirement to 26 spaces. The applicant has provided two handicapped spaces and a total of 26 parking spaces which includes storage of damaged vehicles awaiting repair.
The applicant has proposed to subdivide the building into a maximum of three lease spaces. The uses currently proposed will be a speculative type of body shop: which buys cars, repairs them by replacing parts, making mechanical repairs, and then moves or sells them to a used car sales lot for retail sale. No retail sales are being proposed for this lot. The proposed site plan shows an area of approximately 4,300 square feet that will be fenced to screen damaged vehicles from public right-of-way and for dumpster screening. Areas to the east of the building appear to have been paved with asphalt at the time of building development. The applicant is requesting to be allowed to resurface or repair the area with asphalt. Two additional lots to the east are proposed as part of this SUP but will not be paved or used at this time. It will be required to be paved to current City standards prior to being used for any parking. The proposed site plan shows eight, five gallon Crepe Myrtles to be planted along the middle of the southern property line. Parking islands will be planted with grass and all landscaping will be irrigated per City standards.
The applicant has indicated that there will be from eight to ten employees on the site and their hours of operation will be from 8:00 am to 6:00 pm Monday through Saturday.
The applicant has indicated that there will be no welding, sanding, painting, washing, salvage or sales of vehicles conducted on this site.
ZONING HISTORY:
City records indicate that this property was annexed by the City on November 15, 1950 by Ordinance 825. On January 5, 1953, the zoning was changed to Two-Family (2-F). Zoning maps currently indicate a Commercial (C) District designation.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map of the November, 2010 Comprehensive Plan Update indicates this area for Commercial uses. Since the proposed use is permitted in the Commercial (C) District, with the approval of a Specific Use Permit, staff has determine that the use is in conformance with the Comprehensive Plan Update of 2010.
PROJECT’S VESTED STATUS:
A Final Plat was approved by the Grand Prairie Planning and Zoning Commission on April 6, 1970 for the area titled Westover Place Revised Addition. The date of application submittal for this Site Plan request is February 14, 2012. Vesting established by the Final Plat is deemed void since no measurable and verifiable progress is evident within the five year period after P&Z approval of the Final Plat on April 6, 1970. However, submittal of this Site Plan application will vest this project to development standards in place as of the date of application submittal of February 14, 2012.
DENSITY AND DIMENSIONAL IMPACTS:
Density and dimensional standards are highlighted below:
|
ORDINANCE PROVISION |
EXISTING COMMERCIAL STANDARDS |
EXISTING DEVELOPMENT |
|
Min. Lot Size |
5,000 sf |
44,688 sf or 1.026 ac |
|
Min Lot Width |
50 ft |
357.50 ft |
|
Min Lot Depth |
100 ft |
125.00 ft |
|
Front Yard Setback |
25 ft |
0.10 ft (Legally Non Conforming) |
|
Internal Side Yard |
0 ft |
Conforming |
|
Side Yard at Street |
15 ft |
1.5 ft (Legally Non Conforming) |
|
Rear Yard Setback |
0 ft/20 ft adj. residential |
13.5 ft (Legally Non Conforming) |
|
Bldg. Separation |
6 ft |
Conforming |
|
Bldg. Height |
25 ft |
Conforming |
|
Bldg. Coverage |
1:1 FAR |
Conforming |
|
Exterior Masonry |
100 % Adj. Major Arterial |
Legally Non Conforming |
|
Lot landscaping Required |
10 % |
Legally Non Conforming |
|
Screening Walls (when required) |
Adj. Residential |
Legally Non Conforming |
REQUESTED APPEALS BY APPLICANT:
1. The property to the north is separated by an existing chain link fence where trees and shrubs have grown to form a living screen. The applicant is appealing the requirement to replace the existing chain link and vegetation with a 6-foot high masonry screening fence.
2. At the time of development, it appears that the parking area to the east was paved with asphalt. However, over the years the sun and siltation have begun to degrade the paving to mostly gravel. Staff is recommending that the paving be replaced with concrete that meets current City standards. The applicant is appealing the requirement to repave with concrete and wants to resurface the lot with asphalt.
No other appeals are being requested by the applicant.
RECOMMENDATION:
Since the applicant is requesting the above noted appeals, the Development Review Committee is not able to recommend full approval of this case. When inspecting the site, staff looked specifically at the existing chain link fence on the northern property line. The fence line is fully screened with natural vegetation. Since the Two Family (2-F) zoned property to the north is owned by the City, and will not be developed for residential uses, staff has no objection to the screening wall appeal.
The applicant is offering the following provision as a compensatory measure that could potentially lessen the impact of the requested appeals.
1. The applicant has shown eight plantings of 5 gallon Crepe Myrtle shrubs inside the fence along the south property line.
Since the Two Family (2-F) zoned property to the north is owned by the City, and will not be developed for residential uses, staff has no objection to the screening wall appeal.
The applicant is seeking to repave damaged parking surfaces with asphalt in consideration of the existing paved condition of other lots in the surrounding area.
RENEWAL INSPECTION STATUS:
The property is not in compliance with Ordinance No. 9972-2015
RECOMMENDATION:
Staff recommends the indefinite renewal of Oridinance No. 9972-2015
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 THE SIX (6) MONTH RENEWAL OF SPECIFIC USE PERMIT NO. 886B FOR AN AUTO BODY SHOP WITH GENERAL AUTO REPAIR IN A COMMERCIAL (C) DISTRICT AND CENTRAL BUSINESS NO. 3 (CBD-3) DISTRICT, TO WIT: BEING, A 1.026 ACRE PARCEL OF LAND DESIGNATED AS LOTS 8 THROUGH 13, BLOCK C, WESTOVER PLACE REVISED ADDITION, GRAND PRAIRIE, DALLAS COUNTY, TEXAS, AND BEING ADDRESSED AS 2502 CENTRAL AVENUE, 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, on April 17, 2012, the Grand Prairie City Council approved, via Ordinance No. 9358-2012 (Planning Case File No. SU120404), a request for a Specific Use Permit for an Auto Body Shop with General Auto Repair in a Commercial (C) District; and
WHEREAS, on September 2, 2014, the Grand Prairie City Council approved, via Ordinance No. 9749-2014 (Planning Case File No. SU120404A), a one (1) year renewal for a Specific Use Permit for an Auto Body Shop with General Auto Repair in a Commercial (C) District; and
WHEREAS, on November 17, 2015, the Grand Prairie City Council approved, via Ordinance No. 9972-2015 (Planning Case File No. SU120404B), a six (6) month renewal for a Specific Use Permit for an Auto Body Shop with General Auto Repair in a Commercial (C) District; and
WHEREAS, said Ordinance required a six (6) month review of the existing Specific Use Permit for an Auto Body Shop with General Auto Repair in a Commercial (C) District via a public hearing process to verify compliance with the approved development standards and all applicable codes; and
WHEREAS, staff has verified that the subject property is not in compliance with the approved development standards and applicable codes, and
WHEREAS, staff recommends, due to lack of compliance with approved development standards and applicable codes, a six (6) month renewal of said existing Specific Use Permit for an Auto Body Shop with General Auto Repair in a Commercial (C) District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on June 6, 2016, following legal notice of such public hearing before the Planning and Zoning Commission had been published in the paper of record, for the proposed renewal of the existing Specific Use Permit for an Auto Body Shop with General Auto Repair in a Commercial (C) District 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 9 to 0 to recommend denial to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to grant a renewal of existing Specific Use Permit for an Auto Body Shop with General Auto Repair in a Commercial (C) 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 21, 2016, 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 886C for the property located as shown in Exhibit A - Location Map and as legally described below:
Being, a 1.026 acre parcel of land designated as Lots 8 through 13, Block C, Westover Place Revised Addition, Grand Prairie, Dallas County, Texas, and being addressed as 2502 Central Avenue.
SECTION 2: PURPOSE
The purpose of this Ordinance is to provide the appropriate restrictions and development controls that ensure this Specific Use Permit is compatible with the surrounding development and zoning and to also ensure that the development complies with the City’s Comprehensive Plan and Unified Development Code.
SECTION 3: STANDARDS AND CONDITIONS
For operations of a Specific Use Permit allowing for Major Auto Repair, Auto Body and Paint Shop Uses in the Commercial (C) 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 Commercial (C) 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. Code Enforcement shall conduct unannounced inspections of the property to ensure compliance with this Ordinance. Failure to comply (as determined by staff) shall result in the expedited review of this specific use permit ordinance by the City Council.
4. The development shall adhere to the City Council approved Exhibit B- Site Plan.
5. Future expansion of the facility must be done by submitting a revised site plan for review and approval to the Planning Department.
6. Operational Standards:
a) All operations shall maintain compliance with City Ordinance No. 7408, Automotive Related Business (ARB) regulations.
b) A Certificate of Occupancy shall be obtained prior to occupancy of the premises.
c) A paint booth shall be installed and approved for use prior to any auto body painting.
d) All vehicles associated with any business governed by this ordinance are prohibited from parking on the abutting and/or surrounding streets.
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 3. COMPLIANCE
1. By this Ordinance, this Specific Use Permit for an Auto Body Shop with General Auto Repair in a Commercial (C) District 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. Furthermore, by this SUP Ordinance, the City Council shall conduct a public hearing six (6) months, or within ninety (90) for continued non-compliance of this Ordinance, 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.
3. The operation of this Specific Use Permit 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 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 21st DaY of June, 2016
ORDINANCE NO. 10087-2016
SPECIFIC USE PERMIT NO. 886C
CASE NO. SU120404C