From
Chris Hartmann
Title
SU170701 - Specific Use Permit - 301 Bill Irwin St (City Council District 5). Approve a Specific Use Permit & Site Plan to allow for a Major Auto Repair Facility. The 0.21 acre property is zoned Light Industrial-Limited Standards (LI-LS) District and lies within the Central Business (CBD) Corridor Overlay District, Section 3. The property is generally located at the southeast corner of Bill Irwin Street and Airport Street. The property is addressed at 301 Bill Irwin Street. The agent is Ricardo Gaytan, the applicant is Isreal Larraga, and the owner is David Langston. (On July 10, 2017, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0).
Presenter
Assistant City Manager Bill Crolley
Recommended Action
Approve
Analysis
SUMMARY:
Consider a request for approval of a Specific Use Permit for Major Auto Repair Shop. The 0.21 acre property is zoned Light Industrial-Limited Specifications (LI-LS) District and within Central Business District No. 3 (CBD 3). The subject site is located at the southeast corner of Bill Irwin Street and Airport Street (301 Bill Irwin Street)
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Land Use |
|
North |
Light Industrial (LI) District |
Auto Related Business |
|
East |
Light Industrial- (LI) District |
Auto Related Business |
|
West |
Light Industrial (LI) District |
Outside Storage Uses |
|
South |
Light Industrial (LI) District |
Currently Vacant, |
Primary access to the site shall be standard concrete paved drive via Bill Irwin Street.
PURPOSE OF REQUEST:
The applicant is seeking a Specific Use Permit to operate a Major Auto Repair Facility at 301 Bill Irwin Street, Grand Prairie, Texas. Major Auto Repair Shop requires approval of a Specific Use Permit in Light Industrial zoning districts per Article 4, “Permissible Uses” of the Unified Development Code, Section 4.8.4. Also, all nonresidential development located within an Overlay District requires site plan approval from the Planning and Zoning Commission and the City Council at a public hearing. The property is located in the Central Business District Three (CBD-3), which is an Overlay District. This application submittal is being made to conform to these requirements.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The applicant proposes to use an existing Industrial-zoned property consisting of one (1) lot totaling 12,000 square feet (100’ wide x 120’ deep). The property has an existing single-story 1,800 square foot concrete block building and is currently being used for miscellaneous industrial-related uses. Currently the site has partially concrete paved surfaces.
The applicant proposes to utilize the existing site for major auto repair facility. The single story building is orientated towards the northern portion of the property, with three overhead doors oriented south and served by 60’ concrete drive via Bill Irwin Street. The site will provide seven (7) concrete paved customer and employee parking spaces.
General Operations:
According to the Operational Plan and discussion with the applicant, the single tenant auto repair facility will be open Monday through Saturday from 9:00 AM to 5:00 PM. The businesses will have between 2 - 4 employees (inclusive of the applicant).
Building:
The applicant will be utilizing the existing 1,800 sq. ft. concrete block building. The building includes two (2) 10-ft x 10-ft, and one (1) 12’ X 10’ garage access doors within the building facing southern interior parking.
Parking:
The drive aisle is currently gravel, which is not in conformance with the UDC requirement for a concrete approach. The parking lot paved with concrete in conformance with the UDC. Required parking for a major auto repair facility is one (1) space per 400 square feet. Staff has interpreted this parking requirement to apply only to the proposed office space as the UDC does not specify. However, the UDC also requires that a minimum of one (1) parking space be provided for every 400 square feet, with a minimum of six (6) spaces, for a service station, auto repair, car care or automotive related services.
As proposed, the project includes a total of 7 parking spaces, including one (1) handicapped space. As presented the proposal meets the minimum parking standard.
Dumpster Enclosure:
The applicant proposes a roll-out dumpster to serve the site similar to neighboring uses in the area and Environmental Health Department has concurred with the applicant’s request to use this type of refuse service subject to storing the roll-out inside when the business is closed.
Landscaping:
The property provides 6,375 sq. ft. of landscaping (53% of lot)
LI zoning requires minimum 4% on-site landscaping.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The subject property is designated as appropriate for Heavy Industrial uses on the Future Land Use Map (FLUM). Heavy Industrial is defined as a use category that represents more intense industrial uses, and activities, which involve toxic or biological material. The proposal is consistent with the FLUM.
APPLICABLE DEVELOPMENT STANDARDS:
Future development of the subject property shall be subject to all development standards of the Unified Development Code, Central Business District No. 3, the Corridor Overlay Standards and other adopted regulations and policies. This site shall conform to the Auto-Related Business (ARB) Standards. In conjunction with the ARB standards, staff recommends no outside repair and/or storage of parts and materials. Parking of vehicles shall be on designated paved surface and outside of the 20' drainage easement.
REQUESTED APPEALS BY APPLICANT:
No appeals and/or exceptions are being requested.
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 A SPECIFIC USE PERMIT FOR A MAJOR AUTO REPAIR IN A LIGHT INDUSTRIAL-LIMITED SPECIFICATIONS (LI-LS) DISTRICT, TO WIT: BEING LOTS 1-4, BLOCK M, TWIN AIRPORT INDUSTRIAL ADDITION, GRAND PRAIRIE, TEXAS, AND BEING ADDRESSED AS 301 BILL IRWIN STREET; SAID ZONING ORDINANCE AND MAP 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 include a Specific Use Permit for a Major Auto Repair Shop in a Light Industrial-Limited Specifications (LI-LS) District; and;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on July 10, 2017, 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 a Major Auto Repair Shop in a Light Industrial-Limited Specifications (LI-LS) 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 8 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 a Major Auto Repair Shop in a Light Industrial-Limited Specifications (LI-LS) 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 July 18, 2017 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 1024 for the property being addressed as 301 Irwin Street and as shown in attached Exhibit A - Location Map and as legally described as Lots 1-4, Block M, Twin Airport Industrial Addition, Grand Prairie, Texas.
SECTION 2: STANDARDS AND CONDITIONS
For operations of a Specific Use Permit for a Major Auto Repair Shop in a Light Industrial-Limited Specifications (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 an 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 (LI) 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 B - Site Plan and Exhibit C - Elevations.
4. All operations shall maintain compliance with City Ordinance No. 7408, Automotive Related Business (ARB) regulations.
5. The occupancy of the property shall be limited to one (1) tenant.
a. Each tenant shall obtain their own Certificate of Occupancy prior to occupancy of the property.
b. Upon a change in use by a tenant that requires an amendment of their Certificate of Occupancy, the tenant’s Certificate of Occupancy shall be returned to Grand Prairie Building Inspections wherein a new Certificate of Occupancy shall be issued to include said changes in use, provided said changes in use are deemed permissible.
c. Upon vacancy of the property by a tenant, the tenant’s Certificate of Occupancy shall be returned to Grand Prairie Building Inspections. The tenant space shall not be reoccupied until such time that a new Certificate of Occupancy is issued for occupancy of the tenant space.
6. Outside inspection, repair and/or service of vehicles are prohibited.
7. Auto sales are prohibited.
8. Salvaging of any kind is prohibited.
9. The required seven (7) parking spaces per tenant, as shown on Exhibit B - Site Plan, shall remain available for the customers, employees/owners, or visitors, of the respective tenant, and may not be used to park, store or otherwise house any inoperative or other non-authorized vehicles, equipment, parts, supplies/materials, trash or debris.
10. The use of public rights-of-way for parking or storage of a vehicle or vehicles, including those owned or otherwise controlled by a customer, employee/owner, or visitor, is hereby prohibited.
11. The use of the public rights-of-way for loading or unloading of vehicles from car haulers or trailers is prohibited.
12. Inoperative vehicles may only be parked or stored inside one of the shop buildings or inside the screened storage area adjacent to the westerly most building as shown on Exhibit B - Site Plan.
13. The non-paved area adjacent to the easterly most building, as shown on Exhibit B - Site Plan, shall not be used to park, store or otherwise house any vehicles, equipment, parts, supplies/materials, trash or debris.
14. 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.
15. The tenant or 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:
a. Vehicle Identification Number, Make, Model and Year.
b. Date the vehicle brought in for service or repair.
c. Vehicle owner’s name and contact information.
d. Type of service or repair needed.
e. Estimated time to complete service or repair.
SECTION 3: COMPLIANCE
All development must conform to the approved site plan and all exhibits incorporated herein, as well as those incorporated herein by reference.
1. By this Ordinance, this Specific Use Permit shall automatically terminate in accordance with Section 5.4.1 of the Unified Development Code if a Certificate of Occupancy is not issued for said use within one (1) year after City Council adoption of this Ordinance, or upon cessation of said use for a period of six (6) months or more.
2. Furthermore, by this Ordinance, the City Council shall conduct a public hearing one (1) year following certificate of occupancy of the existing shop building to confirm compliance with all applicable codes which shall include, but not be limited to, the requirements of this 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 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.
SECTON 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 the 18th DAY of August, 2017.
ORDINANCE NO. 10299-2017
CASE NO. SU170701
SPECIFIC USE PERMIT NO. 1024