From
Chris Hartmann
Title
SU120404E - Specific Use Permit Revocation or Renewal 886D- 2502 Central Avenue (City Council District 5). 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 August 5, 2019, the Planning and Zoning Commission recommended revocation of this request by a vote of 6-1).
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
Consider a request for the renewal of Specific Use Permit 886D 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. The owner is Vincent Duan.
ADJACENT LAND USES:
The following table summarizes the zoning designation and existing use for the surrounding properties.
|
Table 1: Zoning and Land Use |
|
Direction |
Zoning |
Existing Use |
|
North |
2F |
2 Family Dwelling District |
|
East |
C |
Commercial Uses |
|
South |
PD-237 |
Planned Development-237 |
|
West |
PD-237 |
Planned Development-237 |
HISTORY:
• The ordinance was established on April 17th, 2012.
• The previous ordinance & renewal was approved on January 10, 2017.
• An inspection in 2018 had numerous SUP violations, including damaged vehicles being stored outside of designated parking areas, parts and trash laying on the ground & safety inspections being out of date.
• The previous inspection in July 2019 revealed multiple continued violations.
PURPOSE OF REQUEST:
As required by Ordinance No. 10217-2017 for Specific Use Permit 886D the City Council shall conduct a public hearing one (1) year 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 other applicable regulatory requirements and/or enforced by the state and federal government.
STATUS:
As required, staff requested inspections of the property and operations by the Code Enforcement Division and the Environmental Services Department. The inspections conducted indicated that there are numerous violations that span multiple years and are not improving significantly.
The violations as noted by Planning and Code Compliance in July were as follows:
• Outside storage of vehicle parts.
• Trash and other materials lying in piles outside of the building.
• Failure to comply with the SUP / parking inoperable vehicles in front of screening fence and not inside buildings.
• Vehicles are stacked over designated parking spaces, fire lanes are blocked.
• Storage of flammables not related to the approved use.
• The Service/Repair ledger was not available at the time of inspection.
As of the writing of this report, these issues have been addressed and the property is in substantial compliance.
RECOMMENDATION:
DRC recommends a three (3) month renewal extension period. If staff observes any violations during this period, this SUP will be brought forward as a revocation with no further extensions.
At its August 5, 2019 meeting, the Planning and Zoning Commission voted 6-1 to recommend that the SUP be revoked with no extension.
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 THREE (3) 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; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
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, on June 21, 2016, the Grand Prairie City Council approved, via Ordinance No. 10087-2016 (Planning Case File No. SU120404C), 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, on July 12, 2016, the Grand Prairie City Council approved, via Ordinance No. 10092-2016, a No Parking/Tow Away zone on both sides of Central Avenue between NE 25th Street and NE 26th Street in order to address the illegal parking of automobiles associated with the businesses operating under this specific use permit; and
WHEREAS, Ordinance No. 10087-2016 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 in substantial compliance with the approved development standards and applicable code and hereby recommends approval of the renewal of Ordinance No. 10087-2016 for a 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 December 5, 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 6 to 0 to recommend approval 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, with the added stipulation that the item be brought back for review in one (1) year if the property owners/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 January 10, 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, the City Council of the City of Grand Prairie, Texas voted unanimously that the Specific Use Permit allowing for an Auto Body Shop with General Auto Repair in a Commercial (C) District be renewed;
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.
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on July 1, 2019 and on August 5, 2019, 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 or revocation of the existing Specific Use Permit for Auto Body Shop with General Auto Repair in a Commercial (C) District, Ordinance Number 10217-2017, said Notice having been given not less than ten (10) days before the date set for hearing; and
WHEREAS, after consideration of said application and the evidence of violations and non-compliance presented by staff, the Planning and Zoning Commission of the City of Grand Prairie, Texas voted 6 to 1 to recommend to the City Council of Grand Prairie, Texas, that the Specific Use Permit for Auto Body Shop with General Auto Repair in a Commercial (C) District, Ordinance Number 10217-2017, be revoked; 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, 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; and
WHEREAS, the City Council of the City of Grand Prairie, Texas voted that the Specific Use Permit allowing for an Auto Body Shop with General Auto Repair in a Commercial (C) District be renewed;
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 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 within ninety (90) of the 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.
7. Should any inspection performed at any time within the 90 day renewal period, determine that the property or operation thereupon is not in compliance with all applicable codes which shall include, but not be limited to, all 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, staff may refer the SUP back to the City Council for consideration of revoking the Specific Use Permit authorized by Ordinance No. 9358-2018;
8. Should a citation be issued by the City at any point within the 90 day renewal period for failure to comply with applicable codes listed above, staff shall refer the SUP back to the City Council for consideration of revoking the Specific Use Permit authorized by Ordinance No. 9358-2018.
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 the terms of this Ordinance are severable and are governed by Section 1-4 of the Code of Ordinance of the City of Grand Prairie, Texas.
SECTION 7.
That a violation of this ordinance is a misdemeanor punishable in accordance with Section 1-8 of the Code of Ordinances of the City of Grand Prairie, Texas. The penalty provided herein shall be cumulative of other remedies provided by state law, and the power of injunction as provided in V.T.C.A. Local Government Code Section 54.016 and as may be amended, may be exercised in enforcing this article whether or not there has been a complaint filed.
SECTION 8.
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 20th DaY of AUGUST, 2019.
ORDINANCE NO. 10689-2019
SPECIFIC USE PERMIT NO. 886E
CASE NO. SU120404E