From
Chris Hartmann
Title
SU141101B/S141101B - Specific Use Permit Renewal - 1629 E. Main St (City Council District 5). A request to extend the deadline for improvements related to Specific Use Permit No. 973A and Ordinance No. 10196-2016. The property is described as Lot 1, Block 2, D.W. Klein Addition, located at 1629 E Main St and zoned Light Industrial (LI) District within Central Business District, No. 3. The owner and applicant is Hamid Moussavi. (On October 2, 2017, the Planning and Zoning Commission recommended denial of the request for an extension, by a vote of 8-0). (This item was tabled at the October 17, 2017 City Council meeting).
Presenter
David Jones, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
Consider a request for the extension of a Specific Use Permit Renewal for Used Auto Sales for HDA Auto Sales to allow compliance with deadlines established for improvements on the property. The 1.65-acre property, zoned Light Industrial (LI) District, is located at 1629 E. Main Street, Lot 1, Block 2, D.W. Klein Addition.
PURPOSE OF REQUEST:
According to the approved Specific Use Permit and Site Plan, paving of the rear vehicle storage area was required to be completed by September 15, 2017. As of September 29th, the paving has only been partially completed and the fire lane has not been aligned. The applicant is requesting an extension to the SUP to allow more time to complete paving. Due to other violations observed on the property in the two years since the SUP was approved, and the uncertainty as to whether the paving can be completed in a timely manner, staff recommends that the SUP for this property be discontinued as detailed in the Recommendation section.
STATUS:
As of August 2017, the property is non-compliant with several SUP requirements, including vehicle work in an unenclosed building, not maintaining required records, not completing re-alignment of the fire lane, not keeping the fire lane clear, and incomplete paving of the property, which was required to be completed on September 15, 2017.
City Staff inspected the property in August 2017 with representatives of the Code Enforcement Division and the Environmental Services Department, and the Planning Division. The inspections found that operations on the site appear to not be currently in conformance with required conditions of the Specific Use Permit as approved by City Council in December 2015.
HISTORY:
An SUP was approved by City Council on September 15, 2015. The purpose of the SUP was to bring existing operations into compliance and to cause improvements to take place on the property. The SUP was approved for an Auto Body & Paint Shop, Major Auto Repair, Automotive Re-Builder, Inoperable Vehicle Holding Yard and Used Auto Sales with the following stipulations. Staff comments are in bold.
The development shall adhere to the following operational standards:
1. The Auto Body & Paint Shop, Major Auto Repairs, Automotive Re-Builder, Inoperable Vehicle Holding Yard and Used Auto Sales facility shall be in substantial conformance with the Site Plan and all applicable standards of the Grand Prairie Municipal Code and Unified Development Code.
2. Prior to issuance of a Certificate of Occupancy, the owner/operator shall submit the Site Plan Mylar w/ Phasing Plan for review and approval by the Chief City Planner.
The Site Plan mylar with Phasing Plan with submitted and signed by the Chief Planner on August 31, 2015.
3. Within 90 days of this ordinance approval, the owner-operator shall submit a demolition permit application to Building Inspections for the installation of the concrete fire lane and hammerhead turnaround in accordance with Phase I of the approved Site Plan.
A permit was submitted before this deadline.
4. Within 90 days of this ordinance approval, the owner/operator shall submit a building permit application to Building Inspections for the installation of the concrete fire lane and hammerhead turnaround in accordance with Phase I of the approved Site Plan.
5. Within 180 days of this ordinance approval, all hard surface parking spaces shall be striped in accordance with Phase I of the approved Site Plan.
Site was not fully striped/paved by this deadline.
6. Within 180 days of this ordinance approval, the portion of the building blocking the proposed fire lane shall be removed in accordance with Phase I of the approved Site Plan.
The building was moved before this deadline.
7. Within 180 days of this ordinance approval, the installation of the concrete fire land and hammerhead turnaround shall be completed in accordance with Phase I of the approved Site Plan.
Concrete fire lane was not completed by this deadline.
8. Within 2 years of this ordinance approval, the installation of the concrete drive aisles and parking spaces shall be completed in accordance with Phase II of the approved Site Plan.
The purpose of this request is to extend this deadline. To date, the paving of the Fire Lane and hammerhead has been approximately 75% completed. The applicant states he is currently unable to complete the remainder of the paving. The gravel parking areas make it difficult to establish clearly marked parking spaces as required by the SUP.
9. Per the approved Site Plan, the proposed drive aisles, fire lane and hammerhead turnaround, and parking spaces shall be concrete and constructed to minimum city standards.
a. All vehicles must be parked within clearly marked parking spaces, as shown on the approved site plan. There shall be no parking within drive aisles or fire lanes. The use of the public rights- of-way for parking, loading, or unloading shall be prohibited.
During the August 2017 inspection, vehicles were observed outside of designated parking areas & in fire lane. Because the lot has not been completely paved, pavement markings are not clear. The fire lane has also not been realigned between the front building and Main Street.
b. No salvaging activities shall take place onsite. Complete automobiles, body clips, or any other vehicle component shall not be salvaged for parts.
The inspection revealed vehicles being stored for what appeared to be salvaging. Pictures are attached as Exhibit C.
c. No vehicle parts may be stored outside. Front clips and rear clips may be stored within a designated vehicle parking space for no longer than 90 days. All body clips must be purchased. No vehicle may be disassembled, dismantled, or cut for the purposed of creating a body clip;
Parts and engines are clearly sitting outside & in the back of a box-truck box (detached). Pictures are attached as Exhibit C.
d. All repairs or maintenance to vehicles must be performed indoors. Carports and canopies shall not be used to store inoperable vehicles. No repairs of any kind are to be performed under a carport or canopy.
Upon inspection, the canopy was unenclosed with vehicles being repaired underneath it. Pictures are attached as Exhibit C.
e. A ledger shall be kept on-site and be maintained by the business operator and shall be presented upon request by the Police Department and/or Code Enforcement during inspections or investigations. The ledger shall maintain information and documentation for each vehicle receiving repairs or services and for each car clip stored onsite. Items maintained and contained in this ledger shall include:
i. Date the vehicle or body clip entered the site for services, repairs, or storage.
ii. Customer Name.
iii. Vehicle Identification Number, Make, Model and Year. Body clips must be identified and marked in the event that a Vehicle Identification Number is not available.
iv. Type of services or repairs needed and/or performed.
v. Estimated time of completion.
vi. Date the vehicle or body clip was removed from site.
Business was not maintaining ledger as required.
f. All operations shall maintain compliance with all federal, state, and local environmental regulations.
g. All operations shall maintain compliance with City Ordinance No. 7408, Automotive Related Business (ARB) regulations.
Outside storage of parts and repairs in unenclosed building are not in compliance with Automotive Related Business regulations.
h. Must practice all best management practices listed in its storm water pollution prevention plan.
Observed apparent discharge of car wash runoff with no grit trap.
Code Enforcement and Environmental Services conducted an inspection on August 16, 2017 and made these findings:
• The business was not maintaining a ledger of vehicles with information as required. Upon inquiry regarding 2 vehicle hulls stored in the back holding area (VIN's WBAVB335X6FS16167 & 2G1115S35G9157991) person in charge could not locate vehicle in records.
• The Fire Lane was observed to be obstructed with vehicles.
• Vehicles on the property were not parked or stored consistent with site plan that was approved. Vehicles were not in clearly marked lanes.
• Observed Work being on vehicles being conducted under the awning.
• Business using a box van for permanent storage
RECOMMENDATION:
Staff does not recommend approval of an extension. This recommendation is due to two primary factors. The first factor is the degree of incompleteness with regard to the site improvements, which were required to be fully completed within two years of approval of the SUP. The second factor is the ongoing violations with regard to the SUP requirements and the requirements of the Auto Related Business Ordnance which have been observed during the period since the SUP was approved. In discussion with the applicant, staff believes paving of the remainder of the lot will take at least a further two years.
In light of these factors, staff recommends denial of the request for extension, and that the following restrictions be placed on the SUP:
1. That use of the unpaved area be suspended between the south property line and the back of the building for the purpose of storing or parking vehicles until the paving is completed as required.
2. That all Auto Repair work cease within the unenclosed/canopy area and not resume until the canopy is permitted as a building.
There is no record of a building permit release for a structure in this location which authorizes repair use. Staff recommends that an application for building permit be submitted for this structure to provide a record of its suitability for repair uses.
3. That use of the front lot for Auto Sales and display cease until the fire lane is completely aligned between E Main Street and current terminating point of the fire lane.
The applicant is currently in the process of relocating the gate and aligning the fire lane.
P&Z Recommendation
At its October 2, 2017 meeting, Planning and Zoning Commission voted 8-0 to deny the request for deadline extension and to recommend restrictions on the SUP according to Staff’s recommendations.
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 THE RENEWAL OF A SPECIFIC USE PERMIT FOR AN AUTO BODY AND PAINT SHOP, MAJOR AUTO REPAIRS, AUTOMOTIVE RE-BUILDER WITH AN INOPERABLE VEHICLE HOLDING YARD AND USED AUTO SALES, TO WIT: BEING LOT 1, BLOCK 2, D.W. KLEIN ADDITION, 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 September 15, 2015, the Grand Prairie City Council approved, via Ordinance No. 9913-2015 (Planning Case File No. SU141101/S141101), a Specific Use Permit for an Auto Body and Paint Shop, Major Auto Repairs, Automotive Re-Builder with an Inoperable Vehicle Holding Yard and Used Auto Sales; and
WHEREAS, said Ordinance stipulated that as a condition of approval, the applicant shall complete all Phase II improvements to the property within two (2) years of approval of said Ordinance No. 9931-2015; and
WHEREAS, Staff has verified that the required improvements to the subject property are incomplete as of the required deadline of September 15, 2017 and furthermore the property is and has been in non-compliance with the approved development standards and applicable codes and hereby recommends that the required deadline not be extended for completion of the site improvements required in Ordinance No. 9913-2015; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on October 2, 2017, following legal notice of such public hearing before the Planning and Zoning Commission has been published in the paper of record, for the proposed renewal of Ordinance No. 9913-2015 and extension of the required deadline therein; 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 deny a deadline extension and to recommend restrictions be put in place on Specific Use Permit authorized in Ordinance No. 9913-2015 to the City Council of Grand Prairie, Texas; 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 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; and
WHEREAS, after consideration of said application, the City Council of the City of Grand Prairie, Texas voted 9 to 0 to authorize a one (1) year extension with regard to the Specific Use Permit authorized in Ordinance No. 9913-2015 to the City Council of Grand Prairie, Texas, provided that concrete paving is completed as specified in Section 3.3 below and to authorize an additional one (1) year extension provided concrete paving is completed as specified in Section 3.4 below;
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 ---973B for the property addressed as 1629 E. Main Street, as shown in Exhibit B - Location Map and as legally described as Lot 1, Block 2, D.W. Klein Addition, Grand Prairie, Dallas County, Texas.
SECTION 2: Definitions
For the purposes of this ordinance, the following terms are defined:
Automotive Re-Builder: An automotive repair facility where the principle purpose is the rebuilding of complete used cars, trucks, motorcycles, or their individual mechanical components such as engines or transmissions. The Automotive re-builder use would permit major auto repair, body shop and paint shop uses.
Body Clip/Front End Clip/Rear End Clip: A partial vehicle containing a complete assembly of the front end or rear end of a vehicle.
Inoperable Vehicle Holding Yard: A place or property is being used for the parking, storage, or holding of 3 or more whole inoperable vehicles for the purpose of retail or wholesale sales of said vehicles; or short or long term storage of said vehicles; provided however; that no repairs, dismantling, or partial dismantling, crushing, or compacting of said vehicles shall take placed on said yard.
Salvaging: The any motor vehicle or any vehicle component for the purpose of resale or reuse of any part thereof.
SECTION 3: Specific Use Permit
For the operations of a Specific Use Permit for an Auto Body and Paint Shop, Major Auto Repairs, Automotive Re-Builder with an Inoperable Vehicle Holding Yard and Used Auto Sales:
1. All operations must conform to the approved Exhibit A - Site Plan.
2. Concrete paving of all parking areas shall be completed by November 21, 2019.
3. Concrete paving shall be completed no later than November 21, 2018 within all portions of the following: that area between the existing limits of concrete paving outside of the designated fire line and the area bounded by a line extending west from the northern arc terminus of the Fire Lane hammerhead turnaround to the west property boundary (described at date of approval of this ordinance as Lot 1, Block 2, D.W. Klein Addition) as depicted in exhibit C.
4. Concrete paving shall be completed no later than November 21, 2019 within the balance of the area bounded by the southern limit of the property described in 3. above and the southern property boundary (described at date of approval of this ordinance as Lot 1, Block 2, D.W. Klein Addition) as described in exhibit D.
5. Failure to complete paving as described in 3. above by November 21, 2018 shall result in this application being reconsidered by City Council and may subject the owner to forfeiture of the Specific Use Permit after a Public Hearing at City Council.
6. The development shall adhere to the following operational standards:
a. All vehicles must be parked within clearly marked parking spaces, as shown on the approved site plan. There shall be no parking within drive aisles or fire lanes. The use of the public rights-of-way for parking, loading, or unloading shall be prohibited.
b. No salvaging activities shall take place onsite. Complete automobiles, body clips, or any other vehicle component shall not be salvaged for parts.
c. No vehicle parts may be stored outside. Front clips and rear clips may be stored within a designated vehicle parking space for no longer than 90 days. All body clips must be purchased. No vehicle may be disassembled, dismantled, or cut for the purposed of creating a body clip;
d. All repairs or maintenance to vehicles must be performed indoors. Carports and canopies shall not be used to store inoperable vehicles. No repairs of any kind are to be performed under a carport or canopy.
e. A ledger shall be kept on-site and be maintained by the business operator and shall be presented upon request by the Police Department and/or Code Enforcement during inspections or investigations. The ledger shall maintain information and documentation for each vehicle receiving repairs or services and for each car clip stored onsite. Items maintained and contained in this ledger shall include:
i. Date the vehicle or body clip entered the site for services, repairs, or storage.
ii. Customer Name.
iii. Vehicle Identification Number, Make, Model and Year. Body clips must be identified and marked in the event that a Vehicle Identification Number is not available.
iv. Type of services or repairs needed and/or performed.
v. Estimated time of completion.
vi. Date the vehicle or body clip was removed from site.
f. All operations shall maintain compliance with all federal, state, and local environmental regulations.
g. All operations shall maintain compliance with City Ordinance No. 7408, Automotive Related Business (ARB) regulations.
h. Must practice all best management practices listed in its storm water pollution prevention plan.
SECTION 4: 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 an Auto Body and Paint Shop, Major Auto Repairs, Automotive Re-Builder with an Inoperable Vehicle Holding Yard and Used Auto Sales; 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. 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.
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 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 of November, 2017.
ORDINANCE NO. 10398-2017
SPECIFIC USE PERMIT NO. 973B
CASE NO. SU141101B/S141101B