From
Chris Hartmann
Title
SU151004C - Specific Use Permit Amendment - 309 SE 14th Street (City Council District 5). A Specific Use Permit to revise SUP-978 to include Tire Sales and Installation with Outdoor Display in an existing commercial building at 309 SE 14th Street. The property is described as Lots 5, 6, 7 & the north 1/2 of Lot 8, Penman Addition, City of Grand Prairie, Dallas County, Texas, zoned C, Commercial District in the Central Business District, No. 3 and located at 309 SE 14th Street. The agent is Oscar Hernandez and the owner is Vincente Duan. On October 2, 2017, the Planning and Zoning Commission recommended approval of Tire Sales and Installation with No Outdoor Display per staff’s recommendation, with all work, display, and storage to be conducted indoors).
Presenter
David Jones, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
Specific Use Permit request to revise SUP-978 and include Tire Sales and Installation with Outdoor Display in an existing commercial building at 309 SE 14th Street. Lots 5, 6, 7 & the north 1/2 of Lot 8, Penman Addition, City of Grand Prairie, Dallas County, Texas, zoned C - Commercial District in the Central Business District no. 3 Overlay and located at 309 SE 14th Street.
ADJACENT LAND USES AND ACCESS:
North - To the north is zoned C, Commercial with retail, commercial, and office uses
South - To the south is zoned C, Commercial and GR, General Retail with commercial and place of worship uses
East - To the east is Henley Field, in the Dallas City Limits.
West - To the west is zoned 2F, Single Family-Two Residential with attached single-family uses.
PURPOSE OF REQUEST:
The applicant is seeking to modify their SUP to include Tire Sales and Repair with Outdoor Display. The applicant proposes to utilize the existing building to sell and install tires with outdoor display racks. All work is proposed to be done indoors, with no tires or parts stored outdoors and no work done outdoors. The applicant is also proposing to operate a State Vehicle Inspection station and to conduct Minor Auto Repair as authorized in Article 4 of the Unified Development Code.
CONFORMANCE WITH COMPREHENSIVE PLAN;
The subject property is designated as Commercial on the Future Land Use Map (FLUM). The proposal is consistent with the FLUM.
ANALYSIS
The surrounding businesses are zoned C, Commercial District and GR, General Retail District and contain a mixture of service, office, and worship uses. Residential uses are adjacent to the west. Staff believes the existing uses and development in the area are not conducive to Major Auto Repair and that if the Specific Use Permit for Tire Sales and Installation is granted that Major Auto Repair uses and Auto Body and Paint no longer be an allowed use at this property.
The applicant has requested that in addition to an SUP for Tire Sales and Installation that he be allowed to retain the Major Auto Repair and Auto Body and Paint. If this request is granted, staff recommends the following stipulations:
1. That in the operation of Tire Sales and Installation on the property, the following conditions should apply:
a. Auto repair operations shall be limited to Minor Auto Repair as defined in Article 30 of the Unified Development Ordinance.
b. No inoperable vehicles will be transported to or stored on the property.
c. Major Auto Repair or Auto Body and Paint uses must cease, and no occupancy for Major Auto Repair or Auto Body and Paint will be granted occupancy unless and until the Tire Sales and Installation operation ceases. The operation of Major Auto Repair and Auto Body and Paint uses, as defined in Article 30 of the Unified Development Code, at the same time as Tire Sales and Installation shall constitute a violation of the ordinance.
2. That all display and storage of tires take place indoors.
3. That all work be conducted indoors.
4. That only one tenant be allowed occupancy on the property.
5. That an operational plan be submitted to Environmental Services showing how the business plans to store and dispose of used tires.
RECOMMENDATION:
Staff recommends approval of a Specific Use Permit for Tire Sales and Installation with Indoor Display only. Staff further recommends that a Specific Use Permit for Tire Sales and Installation replace the existing Specific Use Permit for Major Auto Repair and Auto Body and Paint, and that the applicant surrender the current Certificate of Occupancy (CO) and obtain a new CO for Tire Sales and Installation.
P&Z Recommendation
At its October 2, 2017 meeting, the Planning and Zoning Commission recommended approval of a Specific Use Permit for Tire Sales and Installation and that Major Auto Repair and Auto Body and Paint not be an allowed use at the same time as Tire Sales and Installation. Furthermore, that the SUP for Major Auto Repair and Auto Body and Paint shall expire if no Certificate of Occupancy is obtained in six (6) months.
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 TIRE SALES AND INSTALLATION WITH INDOOR DISPLAY AND MAJOR AUTO REPAIR AND AUTO BODY AND PAINT USES IN THE COMMERCIAL (C) DISTRICT, TO WIT: BEING LOTS 5, 6, 7 AND NORTH ½ OF LOT 8, BLOCK C, PENMAN ADDITION, CITY OF GRAND PRAIRIE, DALLAS 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, on October 13, 2015, the Grand Prairie City Council approved, via Ordinance No. 9954-2015 (Planning Case File No. SU151004), a request for a Specific Use Permit for Major Auto Repair and Auto Body and Paint Uses; and
WHEREAS, on June 21, 2016, the Grand Prairie City Council approved the renewal, via Ordinance No. 10086-2016 (Planning Case File No. SU151004A), of Ordinance No. 9954-2015 authorizing a Specific Use Permit for Major Auto Repair and Auto Body and Paint Uses; and
WHEREAS, the property owner by his own request seeks to modify Specific Use Permit 978-B to include Tire Sales and Installation in addition to Major Auto Repair and Auto Body and Paint Uses; and
WHEREAS, Staff has verified that the subject property is in substantial compliance with the approved development standards and applicable code and hereby recommends approval of a modification to Specific Use Permit 978-B to include Tire Sales and Installation with Indoor Display, such recommendation being contingent upon the cessation of Major Auto Repair and Auto Body and Paint Uses, if such uses are to be concurrent with Tire Sales and Installation; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on October 2, 2017, following legal notice of such public hearing before the Planning and Zoning Commission had been published in the paper of record, for the proposed modification to the existing Specific Use Permit to include Tire Sales and Installation, 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 8 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to grant the addition of Tire Sales and Installation with Indoor Display to the existing Specific Use Permit for Major Auto Repair and Auto Body and Paint Uses; with the added stipulation that the Major Auto Repair and Auto Body and Paint Uses not be granted occupancy at the same time that Tire Sales and Installation are granted occupancy, and that the Specific Use Permit automatically terminate upon cessation of any or all of the above uses after a period of six (6) months or more, and that the item be brought back for review in one (1) year if the property owner(s)/tenant(s) have any unresolved code enforcement violations or other unresolved issues related to full compliance of this specific use permit; 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 P.M. on October 17, 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 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 #### for the property located as shown in Exhibit B - Location Map, and addressed as 309 SE 14TH St., also being legally described as being Lots 5, 6, 7 and the north ½ of Lot 8, Block C, Penman Additions, Grand Prairie, Dallas County, Texas.
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 Tire Sales and Installation with Indoor Display, or 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. The existing Certificate of Occupancy (C/O), which erroneously authorizes Tire Sales and Installation, shall be surrendered to Building Inspections. A new C/O may be issued for Tire Sales and Installation with Indoor Display, or Major Auto Repair, Auto Body and Paint Shop upon determination that the business is in compliance with the conditions of the Ordinance.
4. Code Enforcement shall conduct unannounced inspections of the property to ensure compliance with this Ordinance.
5. The development shall adhere to the City Council approved Exhibit A - Site Plan.
6. Operational Standards:
a. Auto repair operations shall be limited to Minor Auto Repair as defined in Article 30 of the Unified Development Ordinance.
b. No inoperable vehicles will be transported to or stored on the property.
c. No Major Auto Repair or Auto Body and Paint uses will be granted occupancy until the Tire Sales and Installation operation ceases, and the operation of Major Auto Repair or Auto Body and Paint uses, as defined in Article 30 the Unified Development Code, at the same time as Tire Sales and Installation will constitute a violation of the ordinance.
2. That all display and storage of tires take place indoors.
3. That all work be conducted indoors.
4. That only one tenant be allowed occupancy on the property.
5. That an operational plan be submitted to Environmental Services showing how the business plans to store and dispose of used tires.
SECTION 3: Compliance
All development must conform to the approved Development Plans, which are herein incorporated by reference.
1. By this Ordinance, this Specific Use Permit for Tire Sales and Installation with Indoor Display, Major Auto Repair and Auto Body and Paint uses shall automatically terminate, in accordance with Section 5.4.1 of the Unified Development Code, upon cessation of any or all of the above uses for a period of six (6) months or more.
2. Furthermore, by this SUP Ordinance, the City Council shall conduct a public hearing in one (1) year, if the property owner(s)/tenant(s) have any unresolved code enforcement violations or other unresolved issues related to full compliance of this specific use permit, following 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 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 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 the 17th Day of October, 2017.
ORDINANCE NO. ####-2017
SPECIFIC USE PERMIT NO. ####
CASE NO. SU151004C