Chris Hartmann
Title
SU190402 - Specific Use Permit - Century Industrial Park, 1725, 1801, and 1801 E. Main Street (City Council District 5). Specific Use Permit request for Major Auto Repair, Body Shop, and Outside Storage on 7.6 acres. Century Commercial Park, John W. Kirk Survey, Abstract No. 726, City of Grand Prairie, Dallas County, Texas. 7.6 acre tract zoned LI, Light Industrial District within the Central Business District (CBD) Overlay Corridor, Section No. 3, generally located south of E. Main Street and approximately 140 feet west of S.E. 19th Street. The agent is Michael Martin, Bannister Engineering, the applicant is Daniel Adams, and the owner is Bill & Valarie Adams. (On April 1, 2019, the Planning and Zoning Commission recommended approval of this request by a vote of 7-0).
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
SU190101 -Specific Use Permit - A request to allow for Major Auto Repair & Body Shop uses to the existing businesses. The existing property is on a partially developed 7.6-acre tract acre tract consisting of two existing buildings being used for auto sales and auto repair. The property is zoned Light Industrial (LI) District and is located within Central Business District Three (CBD-3). The property is generally located south of E. Main Street and approximately 140 feet west of S.E. 19th Street, specifically 1801 E. Main Street. The unplatted property is located in the John Kirk Survey, Abstract NO. 726, City of Grand Prairie, Dallas County, Texas. The property lies within City Council District 5.
BACKGROUND:
Consider a request for approval of a Specific Use Permit for Major Auto Repair and Body Shop. The applicant is proposing to operate expand upon their existing local Truck Fleet Auto-Related Business. The 7.6-acre property is zoned Light Industrial (LI) District. Located at the southwest of E. Main Street and S.E. 19th Street.
The applicant/owner, Century Trucks & Vans; has owned and operated their primary location (1220 E. Main St.) two block west of this location since the early 1980s. The site of this request was acquired by the applicant in 1999, certain non-conforming land uses has since continued to operate. Those uses include the following:
• Major Auto Body & Paint Repair
• Outside Storage Uses
• Used Car Dealership (non-franchise)
Each of the above uses are housed in three buildings addressed as 1725, 1801, and 1821 E. Main St. under a single ownership. As the applicant’s business continued to grow (Century Trucks & Vans), additional space was needed to support their demand for truck conversion operations and storage areas.
The property lies within the Central Business (CBD-3) Overlay District, Section 3, which is intended to provide for Auto-Related Business and associated auto-related retail and commercial land uses.
|
Table 1: Adjacent Zoning and Land Uses |
|
Direction |
Zoning |
Existing Use |
|
North |
Multifmily-1 & General Retail |
Multifamily Residential and Retail Uses |
|
South |
Light Industrial (LI) District (CBD-3) |
Union Pacific Rail Line |
|
West |
Light Industrial (LI) District (CBD-3) |
Truck & Tractor/Trailer Parking Storage |
|
East |
Light Industrial (L-I) District(CBD-3) |
Murco Painting and Supplies |
PURPOSE OF REQUEST:
The applicant is seeking a Specific Use Permit to operate a Major Auto Body Shop, Auto-Related Storage of truck and utility beds and continue the non-conforming uses on the property, which would be made conforming by the adoption of the SUP. As proposed, the applicant intends to redevelop the site, including the demolition and reconstruction as outlined below:
PROPOSED USE CHARACTERISTICS AND FUNCTION:
Currently the 7.5-acre site consists of three primary structures including the following:
• 8,700 Sq. ft. "Mainstreet Auto Repair" and Fabrication Shop at 1725 E. Main St. (to be redeveloped into showroom and install facility along with repair facility)
• 5,500 sq.ft. Industrial Bldg. at 1801 E. Main St. will be demolished (to be replaced by 15,000 square foot building for auto repair along with custom bedwork and "upfitting" as detailed in the attached Operational Plan)
• 1,500 sq.ft. Auto Sales Bldg. at 1821 E. Main St. (to be partially demolished and renovated for auto sales)
The site was initially developed in the early 1950s, therefore as the land uses and vehicle circulation evolves it left an awkward and unusually traffic control situation; making redevelopment challenging. With the redevelopment, one exist drive from Main St will be retained while the other existing drives will be closed; the current unbuilt fourth leg of the intersection of E. Main St. and Small St. will be constructed, allowing a looped configuration along with the existing west drive from E. Main Street. A secondary access point is proposed which would connect a concrete commercial drive to S.E. 19th Street providing truck and fire access to and from the site.
The company intends to operate normal work-day business hours as similar to their current operations. With the expansion, their plan indicates hiring at least 10 additional technicians, 6 office worker and 4 service writes and 4 support staff. In addition, the unpaved area in the back of the site currently used for bed storage will be concreted and landscaping on the property will be improved to exceed City requirements.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The subject property is designated as appropriate for Light Industrial uses on the Future Land Use Map (FLUM). Auto Related Business conforms with the FLUM and Central Business District Section 3.
APPLICABLE DEVELOPMENT STANDARDS:
This site shall conform to the Auto-Related Business (ARB) Standards. In conjunction with the ARB standards, staff recommends no outside repair and/or storage of parts and materials. Parking of vehicles and unused truck beds shall be on areas designated on the Site Plan and shall occur only on a concrete surface.
REQUESTED APPEALS BY APPLICANT:
The applicant is requesting to allow for variance to Article 6 UDC, Section 18, Minimum Masonry Requirement for Non-Residential Structures requiring primary exterior materials be constructed of masonry. As reflected on the applicant’s exhibit, they are proposing the new facility be constructed of metal façade on all four sides, including architectural metal panel.
RECOMMENDATION:
Staff recommends approval of the requested Specific Use Permit in conjunction with the redevelopment of the existing uses on the site, but does not support the applicant’s request for a variance to masonry exterior construction requirements.
Planning & Zoning Commission recommendsn approval by vote 7-0 to allow for requested variance to the required exterior masonry construction requirement.
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 VARIOUS AUTO RELATED USES IN A LIGHT INDUSTRIAL (LI) DISTRICT, TO WIT: BEING CENTURY COMMERCIAL PARK, BLOCK 1, LOT 1, A 7.6 ACRE PROPERTY IN THE JOHN W. KIRK SURVEY, ABSTRACT NO. 222, GRAND PRAIRIE, DALLAS COUNTY, TEXAS, AND BEING ADDRESSED AT 1725, 1801 & 1821 E. MAIN STREET; 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; PROVIDING A PENALTY UNDER THE PROVISIONS OF SEC. 1-8 OF THE CODE OF ORDINANCES OF THE CITY OF GRAND PRIAIRE; 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 various auto-related uses in a Light Industrial (LI) District; and;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on April 1, 2019, 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 various auto-related uses in a Light Industrial (LI) 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 7 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 various auto-related uses in a Light Industrial (LI) 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 April 16, 2019 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..."
and passed and approved November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit for the property being addressed as 1725, 1801 & 1821, E. Main Street and as shown in attached Exhibit A - Location Map and as legally described Central Commercial Park, Block 1, Lot 1, Grand Prairie, Dallas County, Texas.
SECTION 2: STANDARDS AND CONDITIONS
For operations of a Specific Use Permit, 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 an 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 (LI) 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, including the use of building authorized by this ordinance, shall adhere to the City Council approved Exhibit B - Site Plan, Exhibit C - Building Elevations, Exhibit D - Landscaping Plan, and Exhibit E - Operational Plan.
4. All operations shall maintain compliance with City Ordinance No. 7408, Automotive Related Business (ARB) regulations.
5. The occupancy of the property shall be limited to one (1) tenant occupying no more than three buildings (1725, 1801 & 1821 E. Main Street). Further modifications to the Site Plan or change in occupancy to allow additional tenants shall require Council approval.
a. Operations authorized by this ordinance will be allowed only upon issuance of a Certificate of Occupancy for the uses requested for each respective building, as such uses are delineated in Exhibit E - Operational Plan. No use or occupancy may commence unless such use or building, as referenced by individual building address, is listed on the Certificate of Occupancy.
b. Upon a change in use by a tenant that requires an amendment of their Certificate of Occupancy, the tenant’s Certificate of Occupancy shall be returned to Grand Prairie Building Inspections wherein a new Certificate of Occupancy shall be issued to include said changes in use, provided said changes in use are deemed permissible.
6. Outside storage of vehicles and parts shall be stored in designated storage area only as depicted in Exhibit B - Site Plan.
7. Used Auto Sales and showroom are permitted in association with the building at 1821 E. Main Street by this ordinance, provided the building at 1821 E. Main Street is renovated and brought into substantial conformance with the building approved by City Council at 1801 E. Main Street with regard to building materials, appearance, and overall standards and as shown in Exhibit E - Operational Plan. A building permit shall be obtained and such renovations completed prior to issuance of a Certificate of Occupancy for Used Auto Sales at 1821 E. Main Street.
8. Salvaging of any kind is prohibited. The retention and offering for sale of pickup truck beds that are sourced directly from customer vehicles, and for which a work order or invoice is kept, shall not constitute salvage under this ordinance, provided that such pickup beds are stored behind a screening wall in a designated storage area.
9. The designated parking spaces and storage areas, as shown on Exhibit B - Site Plan, shall remain available for the customers, employees/owners, or visitors, of the respective tenant, and may not be used to park, store or otherwise house any inoperative or other non-authorized vehicles, equipment or merchandise not pertaining to the business listed on the Certificate of Occupancy.
10. Landscaping shown on Exhibit D - Landscaping Plan, shall be planted prior to occupancy of the new building approved at 1801 E. Main Street.
11. The use of public rights-of-way for parking or storage of a vehicle or vehicles, including those owned or otherwise controlled by a customer, employee/owner, or visitor, is hereby prohibited.
12. Inoperative vehicles may only be parked or stored inside one of the shop buildings or inside the screened storage area adjacent to the building addressed as 1725 E. Main Street as shown on Exhibit B - Site Plan and Exhibit E - Operational Plan.
13. A paint booth shall be allowed in conjunction with major body shop operations.
14. All development and use of the site will be required to meet minimum performance standards relating to noise, glare, smoke or particulate matter, odorous matter and vibration as specified in the Unified Development Code.
15. 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:
a. Vehicle Identification Number, Make, Model and Year.
b. Date the vehicle brought in for service or repair.
c. Vehicle owner’s name and contact information.
d. Type of service or repair needed.
e. Estimated time to complete service or repair.
16. An exception to the required masonry exterior construction material shall be allowed for the new building located at 1801 E. Main Street.
17. Fencing material used for screening of outside storage shall consist of either a type 1 masonry screen wall along any portion of the site that is parallel to and visible from E. Main Street or material that substantially matches the newly constructed building approved at 1801 E. Main Street. Other fencing shall consist of wrought iron or of materials that are similar to the screening fence parallel to and visible from E. Main Street.
SECTION 3: COMPLIANCE
All development must conform to the approved site plan and all exhibits incorporated herein, as well as those incorporated herein by reference.
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 building permit 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. Furthermore, by this Ordinance, the City Council shall conduct a public hearing one (1) year following the issuance of Certificate of Occupancy for a new building at 1801 E Main Street to confirm compliance with all applicable codes which shall include, but not be limited to, the requirements of this 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 the business which is the subject matterof this Ordinance to violate the conditions of the Specific Use Permit imposed by the City Council.
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 number and title.
SECTION 4.
That all ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTON 5.
That a violation of this Ordinance shall be a misdemeanor punishable in accordance with Section 1-4 of the Code of Ordinances of the City of Grand Prairie, Texas.
SECTION 6.
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 7
That the terms and provisions of this Ordinance are severable and are governed by Section 1-8 of the Code of Ordinances of the City of Grand Prairie, Texas.
SECTION 8
That this Ordinance shall be and become effective immediately upon and after its passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS the 16th DAY of April 16, 2019.
ORDINANCE NO. 10624-2019
CASE NO. SU190402
SPECIFIC USE PERMIT NO. 1071
