From
Chris Hartmann
Title
SU151004A - Specific Use Permit Renewal - 309 SE 14th Street (City Council District 5). Renewal of a Specific Use Permit for Major Auto Repair uses, including mechanical repairs and auto body repairs. The site is 0.3 acres and is zoned Commercial (C) within Central Business District 3 (CBD 3). The property is generally located south of Jefferson St. and east of Belt Line Rd. (On June 6, 2016, the Planning and Zoning Commission recommended approval to renew this SUP by a vote of 9-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
PURPOSE OF REQUEST:
A request for a six (6) month review of a Specific Use Permit for major auto repairs and auto body uses. A specific use permit is required for these auto uses in a commercial zoning district. The buildings are currently vacant.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Land Use |
|
North |
C, CBD 3 |
Commercial uses |
|
East |
City of Dallas |
City of Dallas |
|
West |
2F |
Residential uses |
|
South |
C, CBD 3 |
Commercial uses |
BACKGROUND:
August 18, 2015: Staff processed an application for a specific use permit for auto repair uses.
September 24, 2015: The Development Review Committee (DRC) meeting was held. Staff met with the applicant to discuss the proposal. The proposal was cleared to move forward subject to conditions found in the recommendation section of this report.
September 25: A legal notice of the upcoming public hearing was mailed to affected property owners and a sign was posted on the property in accordance with the UDC.
October 5, 2015: This item is scheduled to be heard by the Planning and Zoning Commission.
October 13, 2015: This item is scheduled to be heard by the City Council.
PROPOSED USE AND CHARACTERISTICS
Operations
309 SE 14th St will be leased to auto repair tenants. Based on the parking requirements and the limited customer parking area, only one auto related businesses should occupy this site, at a time. Repair uses will include major auto repair, mechanical repair, and auto body and paint work. The applicant’s operational plan states that they will also be selling used parts. The sale of auto parts shall only be done in conjunction with repair work. This site will not be used as a used auto parts store. Used auto parts stores require more parking than this site can provide.
The primary building will be used as office space and for the repairing of vehicles. The detached garage will be used for parking vehicles and storage of auto parts. The property will be screened to the west by a type 1 masonry fence and to the south by a type 3 wood screening fence.
The ARB ordinance does not allow more than 2 inoperable vehicles to be stored on any property. If there are 2 or less inoperable vehicles, the vehicles must be appropriately screened. The applicant will not have more than 2 inoperable vehicles stored outdoors at any time. Salvaging shall not occur, onsite.
Building Elevations
No changes to the building are being proposed as part of this request.
Parking and Access:
Auto Related Businesses are required 1 space per 400sqft of building area. The existing building is 5,032sqft and the 2-door detached garage is 731sqft, which would require 15 total parking spaces. The plan is showing 14 spaces. The UDC allows the Development Review Committee to provide up to 15% relief on required parking. The DRC has provided this relief, allowing this site to only require 14 parking spaces.
This site has 7 existing head in parking spaces, which will provide for customer and employee parking. 7 additional parking is provided in the back of the property for vehicles awaiting repair and employees; 5 spaces outside, and 2 spaces inside the garage. The building may also be used to store vehicles.
Concrete paving will be provided in all areas used for the outside parking of vehicles, and will meet the minimum requirements of the UDC.
Dumpster Enclosure
As approved by the Environmental Services Department, the dumpster will be stored inside the building and rolled out on pick up days.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map (FLUM) of the 2010 Comprehensive Plan shows this area as appropriate for commercial, office, and retail uses. This proposal is consistent with the FLUM.
APPEALS AND EXCEPTIONS:
No appeals are being requested.
RENEWAL INSPECTION STATUS:
The property is not in compliance with Ordinance No. 9954-2015. However, as required by said ordinance, another review is required in six (6) months.
RECOMMENDATION:
Staff recommends a six (6) month renewal of Oridinance No. 9954-2015.
Body
AN ORDINANCE AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR A NINETY (90) DAY RENEWAL OF A SPECIFIC USE PERMIT FOR MAJOR AUTO REPAIR AND AUTO BODY AND PAINT USES IN THE COMMERCIAL (C) DISTRICT, TO WIT: BEING LOTS 5, 6, 7 AND NORTH ½ OF LOT 8, BLOCK C, PENMAN ADDITION, CITY OF 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 October 13, 2015, the Grand Prairie City Council approved, via Ordinance No. 9954-2015 (Planning Case File No. SU151004), a request for a Specific Use Permit for Major Auto Repair and Auto Body and Paint Uses; and
WHEREAS, said Ordinance required a six (6) month and a one (1) year review of the existing Specific Use Permit for Major Auto Repair and Auto Body and Paint Uses via a public hearing process to verify compliance with the approved development standards and all applicable codes; and
WHEREAS, staff has determined that the subject property is not in compliance with the approved development standards and applicable codes, and
WHEREAS, staff recommends, due to the lack of compliance with approved development standards and applicable codes, a six (6) month renewal of said existing Specific Use Permit for Major Auto Repair and Auto Body and Paint Uses, and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on June 6, 2016, following legal notice of such public hearing before the Planning and Zoning Commission had been published in the paper of record, for the proposed renewal of the existing Specific Use Permit for Major Auto Repair and Auto Body and Paint Uses, 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 9 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to grant a ninety (90) day renewal of existing Specific Use Permit for Major Auto Repair and Auto Body and Paint Uses; 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 June 21, 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 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 978A for the property located as shown in Exhibit B - Location Map, and addressed as 309 SE 14TH St., also being legally described as being Lots 5, 6, 7 and the north ½ of Lot 8, Block C, Penman Additions, Grand Prairie, Dallas County, Texas.
SECTION 2: PURPOSE
The purpose of this Ordinance is to provide the appropriate restrictions and development controls that ensure this Specific Use Permit is compatible with the surrounding development and zoning and to also ensure that the development complies with the City’s Comprehensive Plan and Unified Development Code.
SECTION 3: STANDARDS AND CONDITIONS
For operations of a Specific Use Permit allowing for Major Auto Repair, Auto Body and Paint Shop Uses in the Commercial (C) District 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 and 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 Commercial (C) 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 existing Certificate of Occupancy (C/O), which erroneously authorizes New & Used Auto Parts Sales uses, shall be surrendered to Building Inspections. A new C/O may be issued for Major Auto Repair, Auto Body and Paint Shop upon determination that the business is in compliance with the conditions of the Ordinance.
4. Code Enforcement shall conduct unannounced inspections of the property to ensure compliance with this Ordinance.
5. The development shall adhere to the City Council approved Exhibit A- Site Plan.
6. Operational Standards:
a) All operations shall maintain compliance with City Ordinance No. 7408, Automotive Related Business (ARB) regulations.
b) The occupancy of the property and/or building is limited to a single (1) tenant.
c) A Certificate of Occupancy shall be obtained prior to occupancy of the premises.
d) A paint booth shall be installed and approved for use prior to any auto body painting.
e) Salvaging is prohibited.
f) Auto sales are prohibited.
g) All inoperable vehicles shall either be parked inside a building or behind a screening fence.
h) All vehicles, including inoperable vehicles, must be parked within a defined parking space, as shown on the approved site plan. There shall be no parking or storage of vehicles or other items within drive aisles or fire lanes. The use of the public rights-of-way for parking, loading, or unloading shall be prohibited.
i) No parking or storing of inoperable vehicles in the six (6) parking spaces abutting the public street.
j) No more than eight (8) vehicles may be parked or stored in the designated rear parking spaces, inclusive of the small outbuilding.
k) Outdoor repair, maintenance, and/or inspection of vehicles are prohibited. All vehicle services shall be performed indoors.
l) Except for scheduled solid waste pick-up times, the dumpster shall remain indoors in accordance with the approved site plan.
m) 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:
i. Vehicle Identification Number, Make, Model and Year.
ii. Date the vehicle brought in for service or repair.
iii. Vehicle owner’s name and contact information.
iv. Type of service or repair needed.
v. Estimated time to complete service or repair.
n) A Type 1 screening wall shall be installed along the western property line, as shown on the approved site plan. If the detached garage is ever removed, the wall shall extend for the full length of the property line.
o) A Site Plan Mylar must be submitted to the planning department for review and approval. Future changes to the parking or expansions to this facility, regarding this Specific Use Permit, will require the submittal of a revised site plan for review and approval to the Planning Department.
SECTION 3: 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 Major Auto Repair and Auto Body and Paint uses 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. Furthermore, by this SUP Ordinance, the City Council shall conduct a public hearing in ninety (90) days after City Council approval of the Specific Use Permit 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. 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
6. 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 21st Day of June, 2016.
ORDINANCE NO. 10086-2016
SPECIFIC USE PERMIT NO. 978A
CASE NO. SU151004A