From
Chris Hartmann
Title
SU141102A - Specific Use Permit Renewal - 632 E Pioneer Pkwy (City Council District 3). Renewal of a specific use permit and site plan to operate a general automotive repair garage. The 0.86-acre property, zoned General Retail (GR) district, is located at 632 E. Pioneer Pkwy. The applicant is Alaa Hufaila. (On April 4, 2016, the Planning and Zoning Commission recommended approval of this request by a vote of 7-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approval
Analysis
SUMMARY:
Consider a request for the renewal of a specific use permit and site plan to operate a general automotive repair garage. The 0.86-acre property, zoned General Retail (GR) district, is located at 632 E. Pioneer Pkwy. The applicant is Alaa Hufaila.
ADJACENT LAND USES AND ACCESS:
Direction Zoning Existing Use
North PD 201 Single Family Detached Residences
South GR Undeveloped
East GR Retail/Office Building
West Commercial Office (CO) Automotive Repair Business
PURPOSE OF REQUEST:
As required by Ordinance 9799-2014 for Specific Use Permit 735A the City Council shall conduct a public hearing one (1) year following the adoption of said 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:
Staff conducted inspection of the property and determined that the property is in compliance with the conditions outlined within Ordinance 9799-2014. The following are comments provided by Environmental Services and Code Enforcement.
1. Environmental Service Comments: No violations noted upon inspection, clean site. Annual inspection & SUP renewal passed. Andrew issued a NOV on 4/28/15 for accumulation of debris, failure to clean up spills immediately, and outside storage of tires without rims (30+ holding water). These were not an issue during this visit. Verified waste hauler companies and operator had manifests on site for used oil and tire removal.
2. Code Enforcement Comments:
a. 3/22/16 I observed that the business is now painting signage on the building.
b. Citation 10/31/15- for Work without approval of Building Official; Structural, Electrical & Prohibited sign /no sign permit
c. Violation Notice- 8/15/15 for prohibited signs
d. Citation 6/27/15 -for prohibited sign /no sign permit
e. Violation Notice -4/18/15 for prohibited signs/no permit and outside storage of tires
f. Violation Notice -2/22/15 for prohibited signs
RECOMMENDATION:
Staff recommends that Specific Use Permit 735A be renewed indefinitely subject to Section 4 of Article 5: Specific Uses of the Unified Development Code.
Body
AN ORDINANCE AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR THE RENEWAL OF A SPECIFIC USE PERMIT FOR A STATE VEHICLE INSPECTION STATION AND MINOR AUTOMOTIVE REPAIR GARAGE WITH TIRE SALES IN THE GENERAL RETAIL (GR) DISTRICT, TO WIT: BEING LOT 7, BLOCK B, OF THE DENARD 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 November 18, 2014, the City Council approved, via case number SU141102 and Ordinance No. 9799-2014, a request for a Specific Use Permit for a State Vehicle Inspection Station and Minor Automotive Repair Garage with Tire Sales in a General Retail (GR) District; and
WHEREAS, city staff initiated the required one (1) year review by the Planning Commission and City Council of the Specific Use Permit for a State Vehicle Inspection Station and Minor Automotive Repair Garage with Tire Sales 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 April 4, 2016, after a legal notice of such public hearing before the Planning and Zoning Commission on the proposed renewal of the Specific Use Permit for a State Vehicle Inspection Station and Minor Automotive Repair Garage with Tire Sales in a General Retail (GR) District had been published in the paper of record, 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 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 a State Vehicle Inspection Station and a Minor Automotive Repair Garage with Tire Sales 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 April 19, 2016 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 numbered 735A for the property location described as follows:
The location being described as Lot 7, Block B, of the Dennard Addition, Grand Prairie, Dallas County, Texas, and being addressed as 632 E Pioneer Parkway, and as shown on the approved site plan labeled as Exhibit ‘A’, which is incorporated by reference.
SECTION 2. Specific Use Permit
FOR OPERATION OF A STATE VEHICLE INSPECTION STATION AND MINOR AUTOMOTIVE REPAIR GARAGE WITH TIRE SALES - Within a General Retail District; the following conditions are hereby established as part of this ordinance:
The State Vehicle Inspection Station and Minor Automotive Repair Garage with Tire Sales shall be in substantial conformance with the Site Plan Package, attached hereto as Exhibit “A”.
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.
The Certificate of Occupancy shall note the existence of this Specific Use Permit by its SUP number and title.
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.
Development of the site shall include all required engineering plans related to water, sewer paving and drainage improvements.
Operations for the state vehicle inspection station and minor automotive repair garage with tire sales use shall be in conformance with all pertinent requirements of the State of Texas and the Environmental Services Department of the City of Grand Prairie.
There shall be no outside display of merchandise permitted on the site.
SECTION 3.
Compliance
All development must conform to the approved site plan labeled as Exhibit ‘A’, which is incorporated by reference.
1. In accordance with Section 5.4.1 of Article 5 of the Unified Development Code, this Specific Use Permit for a State Vehicle Inspection Station and Minor Automotive Repair Garage with Tire Sales in a General Retail (GR) District shall automatically terminate upon cessation of the use for a period of six (6) months.
2. Furthermore, by this Ordinance, the operator shall maintain 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 - including the Auto Related Business (ARB) Ordinance, 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 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 the 19th of April, 2016.
Ordinance No. 10035-2016
Specific Use Permit No. 735B
Case No. SU141102A