From
Chris Hartmann
Title
SU140702A - Specific Use Permit Renewal - 521 W Marshall Drive (City Council District 2). Renew a Specific Use Permit for Automotive Uses; Tire Sales (New and Used), Car Wash and Detailing, Quick Lube & Tune Services (Oil Change), and Minor Auto Repair. The subject property is located at 521 W. Marshall Dr. and zoned General Retail District (GR). The owner/applicant is Pastor Gomez. (On November 2, 2015, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
SUMMARY:
Consider a request to renew a Specific Use Permit for Automotive Uses; Tire Sales (New and Used), Car Wash and Detailing, Quick Lube & Tune Services (Oil Change), and Minor Auto Repair. The subject property is located at 521 W. Marshall Dr. and zoned General Retail District (GR).
PURPOSE OF REQUEST:
As required by Ordinance 9757-2014 for Specific Use Permit 941, 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 all operations on the site appear to be in conformance with the conditions of the Specific Use Permit as approved by City Council.
RECOMMENDATION:
The Development Review Committee is recommending approval for the renewal of the Specific Use Permit as No. 941A and that no further monitoring be required by the Planning & Zoning Commission and the City Council unless recommended by staff.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR A SPECIFIC USE PERMIT FOR QUICK LUBE AND TUNE SERVICES, TO WIT: BEING LOT 5, BLOCK 10/379, INGLEWOOD PARK, 2ND INSTALLMENT, 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, 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 for a Specific Use Permit for Quick Lube and Tune Services in a General Retail (GR) District; and;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on August 4, 2014, 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 Automotive Uses, Tire Sales (New and Used), Car Wash and Detailing, Quick Lube & Tune Services (Oil Change, and Minor Auto Repair in a General Retail (GR) 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 8 to 0 to recommend denial to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to allow a Specific Use Permit for Automotive Uses, Tire Sales (New and Used), Car Wash and Detailing, Quick Lube & Tune Services (Oil Change, and Minor Auto Repair in a General Retail (GR) 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 August 19, 2014 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 Planning and Zoning Commission of Grand Prairie, Texas, held a second public hearing on said application on September 8, 2014 after the Specific Use Permit request had been remanded back to the Planning Commission for reconsideration by action of the City Council during the August 19, 2014 public hearing in which the City Council concluded that the a original request before the Planning Commission on August 4, 2014, had been reduced in scope and no longer contained any appeals; 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 --941A for the property location described as follows:
521 W Marshall Drive, also being described as being Lot 5, Block 10/379, Inglewood Park, 2ND Installment, Dallas County, Texas and as shown on the approved site plan labeled as Exhibit ‘A’, which is incorporated by reference.
SECTION II: Specific Use Permit
FOR OPERATION OF QUICK LUBE AND TUNE SERVICES WITHIN A GENERAL RETAIL (GR) DISTRICT.
1. All business operations are to occur entirely onsite.
2. Future expansions to this facility will require the submittal of a revised site plan for review and approval to the Planning Department; expansions of suites will require an amendment to the Specific Use Permit for review and approval.
SECTION 3: Compliance
All development must conform to the approved Development Plans, which are herein incorporated by reference.
1. By this SUP Ordinance, this Specific Use Permit shall automatically terminate if a Certificate of Occupancy is not issued for a Specific Use Permit for Quick Lube and Tune Services in a General Retail (GR) District; within one (1) year after City Council adoption of this Ordinance, or upon cessation of the use for a period of six (6) months or more.
2. Furthermore, by this SUP Ordinance, the City Council shall conduct a public hearing one (1) year after City Council approval of the Site Plan 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. Addendum: As required by Ordinance No. 9757-2014, establishing Specific Use Permit No. 941, the City Council reviewed the request for the renewal of this Specific Use Permit. On November 17, 2015, the City Council voted -9 to 0 to renew Specific Use Permit No. 941A and no further action shall be required by the City Council unless recommended by staff.
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 17th DAY of November, 2015.
Ordinance no. 9971-2015
case no. su140702a
specific use permit no. 941a