From
Chris Hartmann
Title
SU150503/S150505 - Specific Use Permit/Site Plan - 2441 Houston Street (City Council District 1). Approval of a specific use permit for truck repair within an overlay district. The subject site is located at 2441 Houston St and is within the Central Business District 1 (CBD 1) overlay. The property is zoned Light Industrial (LI) District. The owner/applicant is Richard Messina, RNL Commercial Prop LLC. (On May 4, 2015, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0.)
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approval
Analysis
PURPOSE OF REQUEST:
The applicant wants to utilize the property located at 2441 Houston St, the northern portion of Lot 5 of the Houston Main Addition, as a Truck Repair Facility. The Unified Development Code (UDC) requires that all Truck Repair facilities located within an Overlay District obtain a Specific Use Permit before a Certificate of Occupancy can be issued.
ADJACENT ZONING:
North - Light Industrial (LI) District; located within CBD 1
South- Light Industrial (LI) District; located within CBD 1, SUP-835 for Public Firing, Training, and Competition Range with Fire Arm and Munitions Sales.
East- Light Industrial (LI) District; located within CBD 1, SUP-750 for Used Oil Recycling and Transfer Station.
West- Light Industrial (LI) District; located within CBD 1
BACKGROUND:
August 1, 2006: A replat was approved for the Dalworth Park Subdivision, creating the Houston Main Addition, Lots 1-7.
November 6, 2007: City Council approved Appendix R, "Central Business Districts", of the Unified Development Code.
April 20, 2010: City Council approved SUP-835, Ordinance No. 9017, for Public Firing, Training, and Competition Range with Fire Arm and Munitions Sales on the southern portion of Lot 5 of the Houston Main Addition, addressed as 2440 W. Main St.
June 1, 2010: City Council approved Ordinance No. 7408 - Automotive Related Businesses.
March 17, 2015: The Planning staff processed an application for the approval of a Specific Use Permit for Truck Repair.
April 23, 2015: The Development Review Committee (DRC) meeting was held. Staff met with the applicant to discuss the proposal. The proposal was cleared to move forward subject to conditions found in the recommendation section of this report.
April 24, 2015: A legal notice was mailed to affected property owners and notice of the upcoming public hearing was published in the Fort Worth Star Telegram.
May 4, 2015: The Planning and Zoning Commission recommended approval to the City Council, by a vote of 8-0.
May 19, 2015: This item is scheduled to be heard by the City Council.
PROPOSED USE AND CHARACTERISTICS
Operations
2441 Houston St. contains 7200sqft of a 17,000sqft industrial building. The applicant is requesting to use this space to operate a Truck Repair facility. The facility will be performing major and minor repairs to any truck tractor, box truck, or other large trucks designed for hauling and transporting goods. The proposed business will not perform any auto paint and body work and will not repair, park, or store trailers or semitrailers. The applicant has stated that the business operator can have up to 12 trucks inside the 7200sqft building. With 8 truck parking spaces, the property will potentially have up to 20 trucks onsite. This facility will not be repairing passenger vehicles. The facility will employ about 6 persons and will operate Monday thru Sunday from 8am to 9pm.
Parking and Access:
2441 Houston St has access from 2 drives on Houston St. The western drive access is directly accessible to 2441 Houston St and the eastern access is accessible by an access easement on the neighboring property, also owned by the applicant.
Required Parking Table:
Standard |
Parking Rate |
Required |
Truck Repair |
1/400sqft |
18 |
Handicapped Spaces |
1-25 Spaces |
1 |
In order to comply with on-site parking requirements, the applicant is required to provide 18 parking spaces, including 1 handicapped space. Standard parking spaces are required by the UDC to measure, at a minimum, 9ft by 18ft. Because of the nature of truck repair, staff is requiring larger spaces, consistent with the UDC requirements for large truck tractor parking. Any space being utilized to park a truck must measure, at a minimum, 12ft by 28ft.
The applicant is able to supply 12 parking spaces; 1 handicapped space, 3 standard parking spaces, and 8 truck parking spaces within the boundaries of the SUP request. Of those 8 truck spaces, 4 spaces will be located adjacent to Houston St and 4 spaces will be located along the eastern side of the building.
The parking does not meet the standards of the UDC for on-site parking.
Screening
The UDC requires of any screening fence to have a 25ft setback from the front property line; however, due to existing conditions, staff acknowledges that screening overnight trucks is not feasible with the applicant's current site layout and operational plan.
Code Enforcement
Prior to this applications, Building Inspections received a CO application for Truck Repair, normally allowed by right in a Light Industrial (LI) District; however, during the CO review process it was determined that the property was located within an Overlay District and would be required to obtain an SUP. The business operator has occupied this space and is currently operating without a Certificate of Occupancy.
Staff met with the owner of the property and, rather than require the business operator to move the entire operation out of the building, staff agreed not to pursue the CO violation while the SUP application approval process is occurring, with the conditions that the site remain fee of violations and remain in compliance with all other city ordinances. Staff also required an SUP application submittal for truck repair.
Since that time, Code Enforcement has documented several violations types; including outside storage of parts, excessive inoperable vehicles, outside repair, inoperable vehicles in the ROW, and salvaging. A citation was issued for outside repairs and storing trailers in the roadway.
The owner of the property has been very responsive and cooperative with staff. The owner has discussed the issues with the business operator and has promised the property will be in compliance with city ordinances.
Due to the nature and history of automotive related businesses (ARB) within the City of Grand Prairie, staff recognizes the severity of potential violation to the City's ordinances, regarding ARBs. To assist both the business owners and the Code Enforcement Officer keep Grand Prairie beautiful and to keep properties in compliance with all city ordinances, staff has recommended several conditions and has listed them under the "Recommendation" heading of this report.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map (FLUM) of 2010 shows this area for commercial, retail and office uses. Staff has determined that the proposed zoning is not in compliance with the FLUM; however, annually the FLUM is amended to address inconsistencies such as this.
REQUESTED APPEALS BY APPLICANT:
The applicant is requesting an appeal to the on-site parking requirements, due to the larger parking spaces required by trucks. The applicant's site plan shows 12 parking spaces; 1 handicapped, 3 standard, and 8 truck parking spaces. The requirement is 18 total spaces, which includes 1 handicapped space. As long as the property and rights-of-way remain uncongested and parking is kept from the fire lanes, staff would not oppose a reduction to the parking standards. If an appeal is granted, staff will rely on future ARB reports by Code Enforcement to determine if parking has been an issue and will discuss this item during the SUP renewal hearing, in one year.
As mentioned above, typically vehicles requiring repair have been required to be screened from public view. The amount of space required for parking and the setback requirements for screening fences make this difficult to take in and store the amount of trucks desired by the business. This would be a truck repair facility and by nature, trucks will be parked on-site. Staff has not required screening because wrecked vehicles are prohibited from being stored in public view by the ARB ordinance and any truck on-site will appear to be in an operable condition.
RECOMMENDATION:
The Planning and Zoning Commission recommends approval, based on the following conditions from Staff:
1. Parking shall conform to the approved site plan, listed as Exhibit B;
2. As outlined within the Operational Plan contained within the Specific Use Permit Application File No. SU150503/S150505, and as more specifically stated and codified herein, the development shall adhere to the following operational standards:
A. This facility shall be for the repair of trucks. Passenger vehicles shall not be repaired at this facility;
B. All operations shall be conducted entirely on-site. The public right-of-way shall not be utilized for parking of vehicles or business activities, including trailers or semitrailers belonging to customers;
C. There shall be no parking in any designated fire lane, as recognized and approved by the Fire Marshall;
D. All fire lanes shall be clearly marked, as required by the Fire Marshall;
E. All vehicles shall be parked in a clearly marked parked space on city approved surfaces;
F. All parking spaces designated for truck parking shall be shown on the approved site plan, listed as Exhibit B, and shall measure minimum of 12ft in width and 28ft in depth;
G. There shall be no repairs, parking, or storage of trailers or semitrailers;
H. There shall be no paint and/or body work;
I. There shall be no outdoor services, repairs, inspections, or examinations of trucks. All service, repairs, inspections, or examinations of any truck shall be performed indoors;
J. There shall be no salvaging;
K. No vehicle or parts in a wrecked or dismantled condition may be stored or parked outside. No vehicle in an operable condition and is not wrecked or dismantled will be required to be screened;
L. A ledger shall be kept on-site and maintain by the business operator and shall be presented upon request by the Police Department and Code Enforcement during inspections or investigations. The ledger shall maintain information and documentation for each truck receiving repairs or services. Items maintained and contained in this ledger shall include:
a. Date the truck entered the site for services or repairs;
b. Customer Name;
c. Truck Vehicle Identification Number, Make, Model and Year;
d. Type of services or repairs needed and/or performed;
e. Estimated time of completion;
f. Date the truck was removed from site; and
M. All operations shall maintain compliance with all federal, state, and local environmental regulations;
N. All operations shall maintain compliance with City Ordinance No. 7408, Automotive Related Business (ARB) regulations; and
O. Must practice all best management practices listed in its storm water pollution prevention plan; and
3. Future changes to the parking or expansions to this facility will require the submittal of a revised site plan for review and approval to the Planning Department.
Body
AN ORDINANCE AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR A SPECIFIC USE PERMIT FOR TRUCK REPAIR, TO WIT: BEING 0.4348 ACRES OF LOT 5, HOUSTON MAIN ADDITION, GRAND PRAIRIE, TARRANT 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; 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 for a Specific Use Permit for Truck Repair; and;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on May 4, 2015, 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 Specific Use Permit for Truck Repair; 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 approval to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to allow a Specific Use Permit for Truck Repair; 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 May 19, 2015 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 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 957 for the property location described as follows:
A portion of 2441 Houston Street, being described as Lot 5, Houston Main Addition, Grand Prairie, Tarrant County, Texas, and further being described by the meets and bounds description as shown on Exhibit A.
SECTION 2: Definitions
The following words and phrases used in this ordinance shall have the meanings respectively ascribed to them:
Outdoor Services: Any assembly, disassembly, repair, examination, inspection, or servicing of vehicles in an area that is open to the sky, or under a covered structure which is not completely enclosed by full height walls. (Outdoor Services are prohibited by this ordinance; see Section 3.2.I)
Paint and/or Body Work: Repairs of the frame and body by the process of pulling, beating, or part replacement; or application of body putty, sanding, or wet sanding to prepare a vehicle for painting; or the painting of vehicles or vehicle parts. (Paint and Body Work is prohibited by this ordinance; see Section 3.2.H)
Passenger Vehicle: All passenger cars, such as sedans, coupes, and station wagons manufactured primarily for the purpose of carrying passengers and all other two-axle, four-tire, vehicles, other than passenger cars, such as pickups, panels, and vans. (Passenger Vehicles are prohibited from being repaired by this ordinance; see Section 3.2.A)
Salvaging: The dismantling of a vehicle, or the removal of any part of a vehicle, for the purposes of reuse or resale. (Salvaging is prohibited by this ordinance; see Section 3.2.J)
Trailer or Semitrailer: A vehicle designed to be towed by a truck for the purposes of transporting persons or property. (Trailer or Semitrailer parking, storage, or repair is prohibited by this ordinance; see Section 3.2.G)
Truck: Includes all large trucks designed for hauling or transporting cargo and excludes any passenger vehicle.
Truck Repair: The maintenance, servicing, examination, inspection, or repair of trucks and truck parts.
SECTION 3: Specific Use Permit
FOR OPERATION OF A TRUCK REPAIR FACILITY:
1. Parking shall conform to the approved site plan, listed as Exhibit B;
2. As outlined within the Operational Plan contained within the Specific Use Permit Application File No. SU150503/S150505, and as more specifically stated and codified herein, the development shall adhere to the following operational standards:
A. This facility shall be for the repair of trucks. Passenger vehicles shall not be repaired at this facility;
B. All operations shall be conducted entirely on-site. The public right-of-way shall not be utilized for parking of vehicles or business activities, including trailers or semitrailers belonging to customers;
C. There shall be no parking in any designated fire lane, as recognized and approved by the Fire Marshall;
D. All fire lanes shall be clearly marked, as required by the Fire Marshall;
E. All vehicles shall be parked in a clearly marked parked space on city approved surfaces;
F. All parking spaces designated for truck parking shall be shown on the approved site plan, listed as Exhibit B, and shall measure minimum of 12ft in width and 28ft in depth;
G. There shall be no repairs, parking, or storage of trailers or semitrailers;
H. There shall be no paint and/or body work;
I. There shall be no outdoor services, repairs, inspections, or examinations of trucks. All service, repairs, inspections, or examinations of any truck shall be performed indoors;
J. There shall be no salvaging;
K. No vehicle in a wrecked or dismantled condition may be stored or parked outside.
L. A ledger shall be kept on-site and maintain by the business operator and shall be presented upon request by the Police Department and Code Enforcement during inspections or investigations. The ledger shall maintain information and documentation for each truck receiving repairs or services. Items maintained and contained in this ledger shall include:
a. Date the truck entered the site for services or repairs;
b. Customer Name;
c. Truck Vehicle Identification Number, Make, Model and Year;
d. Type of services or repairs needed and/or performed;
e. Estimated time of completion;
f. Date the truck was removed from site; and
M. All operations shall maintain compliance with all federal, state, and local environmental regulations;
N. All operations shall maintain compliance with City Ordinance No. 7408, Automotive Related Business (ARB) regulations; and
O. Must practice all best management practices listed in its storm water pollution prevention plan; and
3. Future changes to the parking or expansions to this facility will require the submittal of a revised site plan for review and approval to the Planning Department.
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 Specific Use Permit for Truck Repair; 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 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 of May, 2015.
ORdinance no. 9864-2015
case No. SU150503/S150505
Specific Use permit no. 957