From
Chris Hartmann
Title
SU160507/S160503 - Specific Use Permit/Site Plan - 2012 Young Ave (City Council District 5). Approve a Specific Use Permit and a Site Plan 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 agent is Angelo Chokas and the owner is Billy Suggs. (On June 6, 2016, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0).
Presenter
Chief City Planner Jim Hinderaker
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 Standards (LI-LS) District |
Proposed Major Auto Body Shop |
|
East |
Light Industrial-Limited Standards (LI-LS) District |
Single Family Detached Residential |
|
West |
Light Industrial-Limited Standards (LI-LS) District |
Industrial Uses & Outside Storage |
|
South |
Light Industrial-Limited Standards (LI-LS) District |
Auto Storage Uses. |
Direct access to the site shall be standard concrete paved drive via Young Street.
PURPOSE OF REQUEST:
The applicant is seeking specific use permit to develop and operate an Auto Body & Paint Shop and Major Auto Repair Facility at 2012 Young Street, Grand Prairie, Texas. Auto Body & Paint Shop and Major Auto Repair Shop require the approval of a specific use permit in Light Industrial-Limited Standards 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 require 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 considered an Overlay District. This application submittal is being made to conform to these requirements.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The applicant proposes to develop vacant Industrial zoned property consisting of four (4) parcels totaling 13,969 square feet (100’ wide x 140’ deep). Dating back to the early 1950’s, The Twin Airports Industrial Addition originally established 25’ wide lots for residential purposes. More recently as the area transitioned to commercial & industrial uses, properties were eventually combined to accommodate those uses. Remnants of single family uses exist to this day in the immediate area and are expected to eventually transition to industrial uses.
The applicant proposes to construct a 4,800 sq. ft. building and concrete parking lot for a major auto repair services including paint shop and auto body work.
General Operations:
According to the Operational Plan and discussion with the applicant, the use car dealership will be open Monday through Friday from 9:00 AM to 6:00 PM. The dealership will have between 2 and 4 employees (inclusive of the applicant).
Building:
The applicant is proposing to construct a 4,800 sq. ft. building constructed with pre-finished metal wall panels. The structure will be 48ft. long x 100ft. wide and 16 feet in height from grade to top plate. The building’s roof is metal-seam with a pitch of 1:12. The building includes three (3) 12-ft x 14-ft garage access doors within the building facing west and one (1) 12-ft X 14-ft facing Young Street (south).
Parking:
The proposed parking lot and drive aisles will be 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 15 parking spaces, including one (1) handicapped space. As presented the proposal meets the minimum parking standard.
Dumpster Enclosure:
The applicant shall provide a minimum 12’ X 12’ masonry dumpster enclosure on-site.
Landscaping:
The property is within the LI-LS zoning district, LI-LS zoning does not require landscaping on site.
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.
REQUESTED APPEALS BY APPLICANT:
The applicant is requesting two appeals.
• The standard design and location of roll-up type overhead doors should be restricted from direct access to public way (street) for safe ingress onto the site as well as limiting patrons from parking in front of the door resulting in blocking primary access to the property for normal circulation and possibly emergency access.
• The standard on-site 12’ X 12’ dumpster enclosure requirement for refuse and trash.
Dues to the nature, size and constraints on properties within the LI-LS zoning district; Staff recognizes & acknowledge the need for flexibility in developing properties in this area and does not oppose the location of the overhead door subject to no parking in front of the door area. For those same reasons, Staff concurs with the applicant that roll-out dumpsters can be appropriate in this area subject to each business placing their dumpster inside overnight or when businesses are closed.
RECOMMENDATION:
Recommended for approval subject to Planning & Zoning Commission‘s consideration to the applicant’s request for certain exceptions/appeals.
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 ALLOWING FOR MAJOR AUTO REPAIR, AUTO BODY AND PAINT SHOP USES IN THE LIGHT INDUSTRIAL LIMITED SERVICES (LI-LS) DISTRICT, TO WIT: BEING LOTS 32-35, BLOCK L, TWIN AIRPORTS ADDITION, GRAND PRAIRIE, DALLAS COUNTY, TEXAS; 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 the herein described property for a Specific Use Permit allowing for Major Auto Repair, Auto Body and Paint Shop Uses in the Light Industrial Limited Services (LI-LS) District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on June 6, 2016, 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 allowing for Major Auto Repair, Auto Body and Paint Shop Uses in the Light Industrial Limited Services (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 9 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 allowing for Major Auto Repair, Auto Body and Paint Shop Uses in the Light Industrial Limited Services (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 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 matters 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 994 for the property as shown in Exhibit C - Location Map, addressed as 2011 Airport Street, Grand Prairie, Texas, and as legally below:
Being a tract of land comprised of the Lots 32-35, Block L of the Twin Airports Addition, an addition to the City of Grand Prairie, Dallas County, Texas, as recorded in Volume 4, Page 309 of the Map Records of Dallas County, Texas, said tract being more particularly described by metes and bounds as follows:
BEGINNING at the Southwest corner of said Lot 35, Block L, said point being a distance of 125.00 feet North 86° 12’ 11” East from the intersection of the East Right-of-Way line of Industrial Avenue, a 50’ R.O.W. with the North Right-of-Way line of Young Street, a 50’ R.O.W.;
THENCE North, with the west line of said Lot 35, a distance of 140.00 feet to the Northwest corner of said Lot 35;
Thence North 86° 12’ 11” East, with the North line of said Lots 35, 34, 33 & 32 a distance of 100.00 feet to the Northeast corner of said Lot 32, Block L;
THENCE South, with the East line of said Lot 32 a distance of 140.00 feet to the Southeast Corner of said Lot 32, Block L, said point being the North Right-of-Way line of said Young Street;
THENCE South 86° 12’ 11” West, with the North line of said Young Street and the South line of said Lot 32, and continuing with Lots 33, 34, & 35, Block L, a distance of 125.00 feet to the Point of Beginning and containing 0.3207 acres of land.
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 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 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 DAY OF June, 2016.
ORDINANCE NO. 10080-2016
SPECIFIC USE PERMIT NO. 994
CASE NO. SU160507/S160503