From
Chris Hartmann
Title
SU200501/S200501 - Specific Use Permit/Site Plan - Auto Repair at 2310, 2314, 2318 Poulin (City Council District 5). Specific Use Permit for Major Auto Repair and an Auto Body and Paint Shop. Lots 3, 4, 5, and 6, Block 4, Poulin's Addition and part of Tract 5 of E Crockett Survey, Abstract No. 222, City of Grand Prairie, Dallas County, Texas, zoned LI, within Central Business District No. 3, and addressed as 2310, 2314, and 2318 Poulin Ave. The agent is Tony Shotwell and the owner is Advantage Financing. (On May 26, 2020, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0).
Presenter
Savannah Ware, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
Specific Use Permit for Major Auto Repair and an Auto Body and Paint Shop. Lots 3, 4, 5, and 6, Block 4, Poulin's Addition and part of Tract 5 of E Crockett Survey, Abstract No. 222, City of Grand Prairie, Dallas County, Texas, zoned LI, within Central Business District No. 3, and addressed as 2310, 2314, and 2318 Poulin Ave.
ADJACENT LAND USES AND ACCESS:
The following table summarizes the zoning designation and existing use for the surrounding properties.
|
Table 1: Adjacent Zoning and Land Uses |
|
Direction |
Zoning |
Existing Use |
|
North |
LI |
Used Auto Sales |
|
South |
LI |
Trucking Company, Truck/Tractor Sales |
|
East |
LI |
Storage |
|
West |
LI |
Auto Related Business |
PURPOSE OF REQUEST:
The applicant intends to establish Major Auto Repair and Auto Body & Paint Shop uses in the Light Industrial (LI) district. Both uses require a Specific Use Permit. The purpose of the Specific Use Permit process is to identify those uses which might be appropriate within a zoning district, but due to either their location, functional or operational nature, could have potentially negative impact upon surrounding properties; and to provide for a procedure whereby such uses might be permitted by further restricting or conditioning them so as to eliminate such probable negative impacts.
SITE CHARACTERISTICS AND FUNCTION:
The use will consist of two metal buildings totaling 8,742 sq. ft. and a fenced and gated parking area. Three businesses will operate at this location; the applicant currently operates a business from 2314.
The existing parking area consists of gravel drives and 19 parking spaces, half of which are covered parking. The site also includes nine parking spaces in front of the building. These spaces are located in the right-of-way.
The applicant is proposing to add an additional parking area with ten parking spaces south of the building addressed as 2318 Poulin Av. The applicant is proposing crushed concrete as the parking area surface and is requesting approval of the following phasing plan:
• Pave half of new parking area to meet City code within one year of SUP approval; and
• Pave remaining area of new parking area to meet City code within three years of SUP approval.
The Solid Waste Division within the Environmental Services Department has requested that the applicant construct a dumpster enclosure. The dumpster location shown on the site plan is located within the right-of-way and is located over a water line. The Development Review Committee (DRC) has concerns with constructing a permanent structure within the right-of-way and over a water line. DRC recommends that the applicant use a rollaway container to avoid constructing a permanent structure within the right-of-way.
RECOMMENDATION:
The Planning and Zoning Commission recommended approval with the following conditions:
1. No salvaging of vehicles on-site;
2. The applicant shall obtain City Council approval of an encroachment agreement for parking spaces in the right-of-way before the issuance of a certificate of occupancy;
3. The applicant shall maintain crushed concrete on existing parking spaces and on new parking spaces until new spaces are paved to City standards;
4. The applicant shall pave one-half of the new parking area within one year of SUP approval;
5. The applicant shall pave the remaining half of the new parking area within two years of SUP approval; and
6. The applicant and operators shall continue garbage service and provide evidence that they have done so upon City request.
The Development Review Committee (DRC) recommends approval with the following conditions:
1. No salvaging of vehicles on-site;
2. The applicant shall obtain City Council approval of an encroachment agreement for parking spaces in the right-of-way before the issuance of a certificate of occupancy;
3. The applicant shall maintain crushed concrete on existing parking spaces and on new parking spaces until new spaces are paved to City standards;
4. The applicant shall pave one-half of the new parking area within one year of SUP approval;
5. The applicant shall pave the remaining half of the new parking area within three years of SUP approval; and
6. The applicant and operators shall continue garbage service.
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 MAJOR AUTO REPAIR AND AUTO BODY & PAINT BOOTH IN A LIGHT INDUSTRIAL DISTRICT: BEING LOTS 3, 4, 5, AND 6, BLOCK 4, POULIN’S ADDITION AND A PORTION OF TRACT 5, ELIZABETH CROCKETT SURVEY, ABSTRACT NO. 222, 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; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
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 Major Auto Repair and Auto Body & Paint Booth; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on May 26, 2020, 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 Major Auto Repair and Auto Body & Paint Booth 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 Major Auto Repair and Auto Body & Paint Booth; 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 2, 2020, 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..."
passed and approved November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit for Major Auto Repair and Auto Body & Paint Booth on Lots 3, 4, 5, and 6, Block 4, Poulin’s Addition and a portion of Tract 5, Elizabeth Crockett Survey, Abstract No. 222, City of Grand Prairie, Dallas County, Texas, as depicted in Exhibit A - Boundary Description, attached hereto.
SECTION 2. That 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. That for operations of Major Auto Repair and Auto Body & Paint Booth, the following standards and conditions are hereby established as part of this ordinance:
1. The development shall adhere to the City Council approved Exhibit B - Site Plan, of this ordinance, which are herein incorporated by reference.
2. Salvaging of vehicles on site is prohibited.
3. Prior to the issuance of a Certificate of Occupancy, the applicant shall obtain City Council approval of an encroachment agreement for continued use of parking spaces in the right-of-way.
4. The applicant shall maintain crushed concrete on existing parking spaces and on new parking spaces until the time at which new spaces have been paved to City standards.
5. The applicant shall pave one-half of the new parking area within one year of SUP approval.
6. The applicant shall pave the remaining half of the new parking area within two years of SUP approval.
7. The applicant and operators may use a roll-away container instead of a dumpster and permanent dumpster enclosure.
8. The applicant and operators shall continue garage service at this location and provide evidence that they have done so upon the City’s request.
9. No later than 12 months following the issuance of a Certificate of Occupancy, the Specific Use Permit for Major Auto Repair and Auto Body & Paint Shop will be brought back to Council for review. Any violation to this SUP or the Grand Prairie Code of Ordinances prior to this date will be grounds for City staff to introduce revocation proceedings against the Specific Use Permit established by this ordinance.
SECTION 4. That the operations of Major Auto Repair and Auto Body & Paint Booth shall comply with the following:
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. 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.
3. 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.
4. The Certificate of Occupancy shall note the existence of this Specific Use Permit by its number and title.
5. The operation of the facility shall be in strict compliance with all requirements of the Environmental Services Department, Building Inspections, Police Department and Fire Administration.
6. Any unsafe or unauthorized operations or activities may be determined as grounds for revocation of the Specific Use Permit by the City Council.
SECTION 5. That it is further provided that in the case a section, clause, sentence or part of this Ordinance shall be deemed or adjudicated 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. 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 Texas Local Government Code Section 54.016, as amended, may be exercised in enforcing this ordinance whether or not there has been a complaint filed.
SECTION 7. That the Unified Development Code of the City of Grand Prairie, as amended, shall be and remain in full force and effect save and except as amended by this Ordinance.
SECTION 8. That the terms and provisions of this Ordinance are severable and are governed by Section 1-4 of the Code of Ordinances of the City of Grand Prairie, Texas.
SECTION 9. That all ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 10. 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 2nd of JUNE, 2020.
ordinance no. 10857-2020
specific use permit no. 1089
case no. SU200501/s200501