From
Chris Hartmann
Title
SU120902 - Specific Use Permit - 2717, 2801, 2805 E. Main Street (City Council District 5). Approval of a Specific Use Permit for an autobody and paint shop with auto sales retail and wholesale as a part of an automotive use facility located on 19.86 acres. The subject property is zoned Light Industrial (LI) District and is situated on the south side of E. Main Street, being generally located east of N.E. 29th Street. The property is within Central Business District 4 (CBD-4) Overlay District. The owner/applicant is P. Lawler Enterprises LTD and the agent is Winkelmann & Associates, Inc. (On September 10, 2012, the Planning and Zoning Commission recommended approval of this request by a vote of 6-0.)
Presenter
Director of Planning and Development Bill Crolley
Recommended Action
Approve
Analysis
SUMMARY:
Consideration of a request for the approval of a Specific Use Permit for multiple auto body and paint shops with auto sales retail and wholesale as a part of an automotive use facility located on 19.86 acres. The subject property is zoned Light Industrial (LI) District and is situated on the south side of East Main Street, being generally located east of NE 29th Street. The property is within Central Business District 4 (CBD-4) Overlay District.
ADJACENT LAND USES AND ACCESS:
North - Immediately to the north of this site is E. Main Street, classified on the Master Transportation Plan (MTP) as a P7U (principal arterial, 7 lane, undivided) roadway. Properties across E. Main Street are zoned Commercial (C) District and Light Industrial (LI) District and are developed with automotive, industrial, and commercial uses.
South - Property to the south is zoned Light Industrial (LI) District and is developed with rail road right-of-way. Across the railroad right-of-way properties are zoned Light Industrial (LI) District and are developed with automotive uses.
East - Property to the east is zoned Light Industrial (LI) District and was previously used as storage lots for Dallas Auto Auction. It is currently being proposed for a Specific Use Permit for Outside Storage for multiple products by McGrath Rentcorp.
West - Property to the west is zoned Light Industrial (LI) District and is partially developed with auto related businesses.
PURPOSE OF REQUEST:
To
To modify the Light Industrial (LI) District by the approval of a Specific Use Permit for automotive use facility on two lots with up to nine used car sales lots, eight two bay general automotive repair leases, four body shops with paint booths and an auto reconditioning and detailing facility. There will also be separate vehicle storage areas for lease on the south side of the property. The property to the east will be operated by the property owner as Lawler Motor Sports. Lawler Motor Sports buys high quality used cars, makes minor repairs, reconditions the cars before selling them in auctions.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
This site was previously used by Dallas Auto Auction for their offices, auto service areas, and storage lots. The total site consisted of approximately 60 acres. When the business closed the property was sold and it has since been resold into 3 smaller parcels. McGrath Rentcorp purchased the middle portion and is currently requesting an SUP for outside storage of modular structures and containers. The most eastern portion has recently been sold for storage and parking of trucks and trailers, these uses and parcels will also require SUP approval and platting. Lawler Motor Sports retained the western portion of the development, it includes approximately 19 acres, and was used for similar auto related businesses. The owner is currently replatting the property into two lots, and is proposing the use of the existing buildings, and parking facilities to provide locations for new independent auto related businesses.
The proposed use on the north part of Building 1 will be individually leased facilities for auto related businesses in the existing office areas previously used by Dallas Auto Auction. The owner will lease nine individual partitioned building office spaces and ground lease areas for up to nine separate used car dealers.
The existing auto repair garages on the south side of Building 1 will be partitioned into eight two bay repair garages which may function independently or in conjunction with the used car sales lots. The garages will be doing general auto repair, and major component replacement, with occasional engine and transmission rebuilds.
Building 3 was originally used as an auto body shop with paint booths for the Dallas Auto Auction site. It will be partitioned and leased to 3 individual tenants for auto body and paint shops. Individual paint storage cabinets will be installed for each business. A shared facility for mixing paint may be used or individual pre-manufactured mixing booths may be installed in each lease area depending on need and hours of operation.
Building 2 will be operated by the owner as Lawler Motor Sports, whose principal business is the purchasing, reconditioning, and reselling high quality cars at auction.
Building 4 was used for reconditioning and detailing of the used cars placed for sale. It will also be individually leased and used by on site businesses to ready vehicles for owner pickup or sale.
Each Lessor shall be individually responsible, for meeting requirements of the Auto Related Business Ordinance related to their particular lease site, both to the City, and to the owner in the conditions of their lease. The owner shall be responsible for the management of petroleum product waste stream from all businesses and shall maintain manifests and records of pickup and disposal sites. The owner will also be the on-site manager for the entire 19 acre site.
While the individual businesses will set their own hours of operation, the site will be open from 7:00 a.m. To 7:00 p.m. Monday through Saturday.
ZONING HISTORY:
The property was annexed into the City in 1949 by Ordinance 57. It is part of the Thomas Collins Survey, Abstract 308 and the Milton H. Graham Survey, Abstract 508. In 1963 the site was granted an SUP for a mobile home park. In 1972 an SUP was granted for a Gasoline Service Station. In 1994 the property owner was allowed to build across a common lot line, and in 1997 was granted a Masonry Exception. The property is shown on the 1970 zoning maps as Light Industrial (LI) District. Staff has determined that it has been in place since that time.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map of the 2010 Comprehensive Plan indicates this area for Light Industrial uses. Staff has determined that the proposed use is in conformance with the FLU Map of the November 2010 Comprehensive Plan.
PROJECT’S VESTED STATUS:
A Final Plat was submitted for review and approval for the two lots in this submittal. The date of application submittal for this Specific Use Permit request is July 17, 2012. Vesting established by the Final Plat is deemed void since no Final Plat has been approved by the Planning and Zoning Commission. (Section 12.14.12.B of the UDC). Vesting established by a legal continuing use has been granted with the conditions of SUP submittal and platting requirements. Submittal of this Specific Use Permit application will vest this project to development standards in place for the proposed use as of the date of application submittal of July 17, 2012.
REQUESTED APPEALS BY APPLICANT:
No appeals are being requested by the applicant.
RECOMMENDATION:
The Development Review Committee recommends approval of this request as no appeals to the Unified Development Code are being requested by the applicant.
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 PROPOSED SPECIFIC USE PERMIT FOR MULTIPLE RETAIL AND WHOLESALE USED CAR SALES DEALERS WITH ASSOCIATED AND INDEPENDENT GENERAL AUTO REPAIR SHOPS, AUTO BODY SHOPS, AND PAINT BOOTHS WITH MAJOR COMPONENT REPLACEMENT AND OUTSIDE STORAGE IN A COMMERCIAL (C) DISTRICT; BEING A 19.86 ACRE PARCEL OF LAND DESIGNATED AS LOTS 1A AND 2A, BLOCK 2 LAWLER MOTOR SPORTS ADDITION, GRAND PRAIRIE, DALLAS COUNTY, TEXAS (THE SUP AREA), AND BEING ADDRESSED AS 2717 AND 2801 EAST MAIN STREET; SAID ZONING MAP AND ORDINANCE BEING ORDINANCE NUMBER 4779 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 to the Zoning Ordinance and map of said city so as to amend the zoning designation of said site for a Specific Use Permit for Multiple Retail and Wholesale Used Car Sales Dealers with Associated and Independent General Auto Repair Shops, Auto Body Shops, and Paint Booths, and Major Component Replacement with Outside Storage 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 September 10, 2012, 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 Multiple Retail and Wholesale Used Car Sales Dealers with Associated and Independent General Auto Repair Shops, Auto Body Shops, and Paint Booths, and Major Component Replacement with Outside Storage 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 6 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 Multiple Retail and Wholesale Used Car Sales Dealers with Associated and Independent General Auto Repair Shops, Auto Body Shops, and Paint Booths, and Major Component Replacement with Outside Storage 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 Council Chambers, Grand Prairie City Hall, located at 317 W. College Street at 6:30 o'clock P.M. on September 18, 2012 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 902 for the property location described as follows:
Being 19.86 acres of land designated as Lots 1A and 2A, Block 2, Lawler Motor Sports Addition, Grand Prairie, Dallas County, Texas (the SUP Area), and being addressed as 2717 & 2801 East Main Street and as shown on the approved site plan labeled as Exhibit ‘A’, which is incorporated herein by reference.
SECTION 2.
Specific Use Permit
A. FOR OPERATION OF MULTIPLE USED CAR SALES DEALERS WITH ASSOCIATED AND INDEPENDENT GENERAL AUTO REPAIR SHOPS, AUTO BODY SHOPS, AND PAINT BOOTHS, AND MAJOR COMPONENT REPLACEMENT, WITH OUTSIDE STORAGE IN A LIGHT INDUSTIRAL (LI DISTRICT;
Definitions of Permitted Uses:
Used Auto Dealer Retail: Means any retail sales facility of used automotive vehicles, such as cars or trucks, which also provides after sales service and repair of vehicles sold from the facility only.
Auto Sales Wholesale: Means the sales of one or more used automotive vehicles, such as cars, pick-up trucks, vans, and sport utility vehicles, etc. to other commercial entities for resale or other use. This use does not include exporting or shipping of vehicles.
Make Ready Service: Means a repair or service procedure necessary to prepare or recondition a used vehicle for sale, which may include, but not be limited to, the replacement of wipers, headlights, light bulbs, clear water rinse, detailing, or tire inflation or repair.
General Auto Repair: Means maintenance, repair, or replacement of the alternator, generator, starter, water pump, battery, brakes or other minor part thereof; minor tune-up (which consists of distributor cap, rotor and spark plug replacement); change of oil and filter, fan belt, or hoses; lamp replacement; repair of flat tires; muffler replacement/repair; lubrication. Repair in this case may also include service of air conditioning, cooling system, or similar component system. This may also include state vehicle inspections and the minor repairs necessary to pass state requirements.
Auto Body & Paint Shop: Means an auto repair facility that does repairs of the frame and body by the process of pulling, beating, part replacement, application of body putty, sanding, and wet sanding to prepare a vehicle for painting. Then paints the vehicles in an approved paint booth, buffs, and polishes to provide a like new auto paint finish
Major Component Replacement: Means the replacement of major automotive components as an integral unit. It is intended to be done on an exchange basis, and storage of components is not permitted. This use does not include major auto repair or rebuilding.
Outside Storage: The placement of articles, including merchandise, inventory, equipment, machinery and other material, which are not currently in use, in an uncovered area. All outside storage is required to be screened with a solid fence in accordance with Article 8 of this Code.
Conditions:
All operations must be done in compliance with the approved site plan and operational plan as approved by City Council.
All development and use of the SUP Area 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.
Future expansion of the facility must be done by submitting a revised site plan and operational plan for review and approval to the Planning Department.
Dumpster screening elevations and details must be shown on the approved site plan and location must be approved by city solid waste contractor.
All operations by individual businesses shall be performed in compliance with City Ordinance # 7408 Automotive Related Business regulations.
Operation of an auto body shop with paint booth shall be conducted in accordance with the requirements of the 2009 International Fire Code (IFC) and the adopted amendments.
Storage of tires inside any building shall not exceed 400 square feet and shall not be stacked more than five (5) feet high.
Tires stored outside a building shall be covered and must be setback 50 feet from any property line or structure.
The storage and use of flammable and combustible liquids in repair garages shall comply with Chapter 34, IFC. Paint and thinner storage shall not exceed 30 gallons.
Welding, cutting, open torches and other hot work operations and equipment shall comply with Chapter 26, IFC.
Operations which involve the application of flammable finishes shall comply with Chapter 15, IFC.
A paint mixing room or pre-manufactured mixing booth is required which meets the requirements of the 2009 IFC.
All paint shall be stored in in an approved paint storage room or pre-manufactured paint storage booth as specified by the 2009 IFC.
Cross connection devices may be required under the provisions of City Code Chapter 13 Article X depending on how water will be used in the facility. Any cross connection devices that are required must be shown on all plan submittals to building inspections. It is required that you provide the make model and location of the backflow preventer to be installed. This information is required during the first submission of building permits. Testing fees for backflow prevention devices must be paid prior to issuance of building permits.
The Environmental Services Department requires a sample point be installed on the sanitary sewer line. The location and a sample point detail must be shown on the building plans submitted for review with the application for a building permit. Structure and location should meet the requirements of the department.
All waste disposal services shall be contracted with Grand Prairie’s solid waste disposal contractor. Commercial-type refuse containers (dumpsters and roll-offs) shall be placed at a location (s) arranged in advance with the city’s contractor. If materials are to be recycled, they shall not be co-mingled with trash. All property owners or facility owners shall contact the City’s solid waste contractor for information. Mechanical garbage and trash compactors shall conform to city code sections 29-74 and 26-75. The general contractor shall be held responsible for ensuring compliance with these city codes.
No operations or activities may result in creation of a nuisance as defined in city code 29-68(12) to (29). Specifically, no building, road or construction activity may cause water to stand and result in mosquito harborage.
All noise created during the construction and subsequent operational activities conducted on the subject property must comply with City Code Chapter 13, Article XIII, Section’s 13-275 to 13-286. Construction must be limited the daytime hours between six o’clock a.m. and ten o’clock p.m. when constructing a building with 300 feet of a residence.
Grease and sand traps from automotive centers, service centers, and vehicle wash operations shall be connected to the sanitary sewer system [city code 26-41)]
All facilities must comply with current health and water quality standards before a certificate of occupancy can be issued. These issues will be addressed during the building review process.
All automotive work related to any business operation must be done indoors.
No washing shall be allowed on site without a covered car wash bay with sand and grit trap tied into the sanitary sewer as approved by the Environmental Services Department.
The owner or individual operators must provide documentation that the operation is in compliance with Texas Commission of Environmental Quality Air authorization.
The owner or individual operators of the facility must maintain manifests detailing the types and amounts of chemicals stored within the building areas and maintain manifests of their disposition to a state or federally approved disposal site.
No parking or storing of vehicles will be permitted on an unpaved surface.
No salvaging of any type shall be done inside the SUP area.
All damaged vehicles awaiting repair must be screened from public right-of-way in conformance with the standards of screening and setbacks.
24. Must maintain compliance with all federal, state and local environmental regulations.
25. Must practice all best management practices listed in its storm water pollution prevention plan.
TCEQ air authorization is required for each paint booth prior to issuance of a Certificate of Occupancy.
A Certificate of Occupancy shall be required for each individual used car sales lot, mechanical garage, body and paint shop, reconditioning business, or lease area located on the property.
No auto repair work shall be allowed in reserve vehicle storage areas.
B. COMPLIANCE - All development must conform to the approved site plan and operational plan labeled as Exhibit “A”, which is incorporated herein by reference.
1. The Specific Use Permit (SUP) shall automatically terminate in accordance with Section 5.4.1 of the Unified Development Code if no building permit is issued for any of the “Listed Automotive Uses” 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.
a. If a building permit is not required for any “Listed Automotive Uses”, the Specific Use Permit shall automatically terminate if no certificate of occupancy is issued for “Listed Automotive Uses” within six (6) months after City Council adoption of this Ordinance.
2. Furthermore, by this SUP Ordinance, the Specific Use Permit shall automatically terminate if no certificate of occupancy is issued for “Listed Automotive Uses” within six (6) months after the issuance of a building permit.
3. Furthermore, by this SUP Ordinance, the City Council shall conduct a public hearing one (1) years 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 with other applicable regulatory requirements administered and/or enforced by the state and federal government.
SECTION 3.
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 4.
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 5.
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 16th of OCTOBER, 2012.
ORDINANCE NO. 9442-2012
CASE NO. SU120902
SPECIFIC USE PERMIT NO. 902