From
Chris Hartmann
Title
SU141101A - Specific Use Permit Renewal - 1629 E Main Street (City Council District 5). Approval of a Specific Use Permit Renewal for Automotive Re-Builder and Inoperable Auto Holding Yard uses. The subject site is located at 1629 E Main St and is zoned Light Industrial (LI) District within Central Business District No. 3 (CBD 3). This property is generally located on the south side of E. Main St. and east of S.E. 16th St. The agent is Danny Moussavi and the owner is Hamid Moussavi. (On December 5, 2016, the Planning and Zoning Commission recommended approval to renew this SUP by a vote of 6-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
PURPOSE OF REQUEST:
Renewal of Ordinance No. 9913-2015 authorizing a Specific Use Permit for an Automotive Re-Builder with an Inoperable Vehicle Holding Yard and Used Auto Sales.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Land Use |
|
North |
Light Industrial |
East Main St |
|
East |
Light Industrial |
Motel |
|
West |
Light Industrial |
Various Automotive Related Uses |
|
South |
Light Industrial |
Rail Road |
PROPOSED USE AND CHARACTERISTICS
HDA obtained their most recent certificate of occupancy in March of 2007 for used auto sales and auto repair/body shop with the following conditions:
- Must Comply with “Auto Related Business” Ordinance #7408
- All Work Must be Performed Inside the Building
- No Painting Outside of Booth and/ or Auto Salvaging Allowed
- No Outside Storage of Parts and/ or Other Miscellaneous Items Allowed
- No More than Two (2) Inoperable Vehicles Stored Outside of Shop
- Return C.O. to Code Enforcement Upon Dissolution of Business
Attached to this report you will find a list of code enforcement violations since 2008 and a list of inspection history from Environmental Services since 2000. The reports will show several violations including outside storage of parts, salvaging, excessive inoperable vehicle storage, and outdoor repair.
The applicant, in order to run the business as desired, would need to be allowed to perform the activities listed as prohibited on the certificate of occupancy. In order to rectify the situation, code enforcement referred the applicant to the Planning and Zoning Department. Planning staff informed the applicant that an inoperable vehicle holding yard required a Specific Use Permit. Article 30 of the UDC defines an Inoperable Auto Hold Yard as follows:
“A place or property where the principal uses is limited to the parking, storage, or holding of 3 or more whole inoperable vehicles for the purpose of retail or wholesale sales of said vehicles; or short or long term storage of said vehicles; provided however; that no repairs, dismantling, or partial dismantling, crushing, or compacting of said vehicles shall take placed on said yard.”
As part of the applicant’s desired operations, the rebuilding of inoperable vehicles would also be performed. This may include simple repairs to vehicles or rebuilds of severely damaged vehicles. The UDC allows for an Automotive Re-builder use as defined with approval of a Specific Use Permit:
“An automotive repair facility where the principle purpose is the rebuilding of complete used cars, trucks, motorcycles, or their individual mechanical components such as engines or transmissions. The Automotive re-builder use would permit major auto repair, body shop and paint shop uses.”
Operations:
Attached to this report is a detailed operational plan, outlining the how HDA Auto wishes to operate. Staff will explain the operations of this site in 3 categories; Auto Sales, Auto Repair, and Storage.
Auto Sales
This site has an existing non-conforming used auto sales use. As part of this request, staff will incorporate the auto sales use into the specific use permit. As required by the UDC in Article 4, “If a primary, conforming use is proposed on a lot or tract occupied by a primary non-conforming use, the primary non-conforming use must cease whenever the primary conforming use begins.” Staff will recommend this SUP authorize used auto sales in order to bring the property into conformance.
The north parking lot will be used for the auto sales inventory of 20 cars. The north building, labeled A, is used as an office for the site, which is roughly 1200sqft.
Auto Repair
The rear building, about 2300sqft, is used for all the vehicle repairs. Repairs include auto rebuilding, major auto repairs, body and paint shop. The major auto repair, body and paint shop uses are existing non-conforming uses. The UDC today requires a specific use permit. If the auto rebuilder use is to be approved, this would include these uses.
HDA auto buys damaged vehicles and repairs them in the 5-bay garage, labeled “B” on the site plan, for the purposes of resale. They also repair vehicles from the public. Their operations plan states that “H.D.A. is not in the business of selling used or salvaged parts of any kind. Any and all parts located on premises are strictly used in the repair or restoration of company inventory or auto body repair related to client vehicles.”
Through discussion with the applicant, they have historically bought cars for the purposes of using its parts to repair other cars. The City of Grand Prairie views this activity as salvaging and staff does not support salvaging of any type within a Light Industrial district. The ARB ordinance defines salvaging as “disassembling automobiles, trucks, pickups, or any other motor vehicles for the purpose of resale or reuse of any part thereof.”
Storage
The site is currently screened by an 8ft metal fence. The rear of the lot has several parking spaces specifically for the storage of vehicles awaiting repair or pickup, antique and damaged vehicles, inoperable and operable, or for vehicles being held for sale (inventory overflow). This area is also being requested to be used for the storage of body parts including but not limited to front or rear body clips, purchased for auto repair purposes. Currently, the canopies are being used to cover parts being stored outside. Staff does not support the storage of car parts, as this may lead to salvaging of parts.
Proposed Site Plan Details
This property is currently developed. The proposed site changes will occur in 2 phases. The first phase will include demolishing part of the existing north building to make room for the required fire lane on the east side of the property. The fire lane will be constructed according to the standards of the UDC. Because of the demolishing of the building, the applicants will build a new canopy behind the main office.
The rear parking areas will remain gravel. The applicants did not propose a time frame for the second phase. In this phase the parking areas will be paved and the main access will be moved further east, as shown on the submitted site plan. The area to be paved is about 33,000sqft
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map (FLUM) of the 2010 Comprehensive Plan shows this area as appropriate for Light Industrial Uses. With a specific use permit approval; this development will be consistent with the FLUM.
RECOMMENDATION:
Staff recommends approval of the SUP renewal.
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 THE RENEWAL OF A SPECIFIC USE PERMIT FOR AN AUTOMOTIVE RE-BUILDER WITH AN INOPERABLE VEHICLE HOLDING YARD AND USED AUTO SALES, TO WIT: BEING LOT 1, BLOCK 2, D.W. KLEIN 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 September 15, 2015, the Grand Prairie City Council approved, via Ordinance No. 9913-2015 (Planning Case File No. SU141101/S141101), a Specific Use Permit for an Automotive Re-Builder with an Inoperable Vehicle Holding Yard and Used Auto Sales; and
WHEREAS, said Ordinance stipulated that the Grand Prairie City Council shall conduct a public hearing one (1) year after approval of said Ordinance to confirm continued compliance with adopted development standards and all applicable codes; and
WHEREAS, Staff has verified that the subject property is in substantial compliance with the approved development standards and applicable codes and hereby recommends approval of the renewal of Ordinance No. 9913-2015 for a Specific Use Permit for an Automotive Re-Builder with an Inoperable Vehicle Holding Yard and Used Auto Sales; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on December 5, 2016, following legal notice of such public hearing before the Planning and Zoning Commission has been published in the paper of record, for the proposed renewal of Ordinance No. 9913-2015 for a Specific Use Permit for an Automotive Re-Builder with an Inoperable Vehicle Holding Yard and Used Auto Sales; 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 6 to 0 to recommend approval to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to grant the renewal of Ordinance No. 9913-2015 for a Specific Use Permit for an Automotive Re-Builder with an Inoperable Vehicle Holding Yard and Used Auto Sales; 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 December 13, 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 ---973A for the property addressed as 1629 E. Main Street, as shown in Exhibit B - Location Map and as legally described as Lot 1, Block 2, D.W. Klein Addition, Grand Prairie, Dallas County, Texas.
SECTION 2: Definitions
For the purposes of this ordinance, the following terms are defined:
Automotive Re-Builder: An automotive repair facility where the principle purpose is the rebuilding of complete used cars, trucks, motorcycles, or their individual mechanical components such as engines or transmissions. The Automotive re-builder use would permit major auto repair, body shop and paint shop uses.
Body Clip/Front End Clip/Rear End Clip: A partial vehicle containing a complete assembly of the front end or rear end of a vehicle.
Inoperable Vehicle Holding Yard: A place or property is being used for the parking, storage, or holding of 3 or more whole inoperable vehicles for the purpose of retail or wholesale sales of said vehicles; or short or long term storage of said vehicles; provided however; that no repairs, dismantling, or partial dismantling, crushing, or compacting of said vehicles shall take placed on said yard.
Salvaging: The any motor vehicle or any vehicle component for the purpose of resale or reuse of any part thereof.
SECTION 3: Specific Use Permit
FOR OPERATION OF AN AUTOMOTIVE RE-BUILDER WITH AN INOPERABLE VEHICLE HOLDING YARD AND USED AUTO SALES:
1. All operations must conform to the approved Exhibit A - Site Plan.
2. Paving of all parking areas shall be completed by September 15, 2017, as stipulated in Ordinance No. 9913-2015.
3. The development shall adhere to the following operational standards:
a. All vehicles must be parked within clearly marked parking spaces, as shown on the approved site plan. There shall be no parking within drive aisles or fire lanes. The use of the public rights-of-way for parking, loading, or unloading shall be prohibited.
b. No salvaging activities shall take place onsite. Complete automobiles, body clips, or any other vehicle component shall not be salvaged for parts.
c. No vehicle parts may be stored outside. Front clips and rear clips may be stored within a designated vehicle parking space for no longer than 90 days. All body clips must be purchased. No vehicle may be disassembled, dismantled, or cut for the purposed of creating a body clip;
d. All repairs or maintenance to vehicles must be performed indoors. Carports and canopies shall not be used to store inoperable vehicles. No repairs of any kind are to be performed under a carport or canopy.
e. A ledger shall be kept on-site and be maintained by the business operator and shall be presented upon request by the Police Department and/or Code Enforcement during inspections or investigations. The ledger shall maintain information and documentation for each vehicle receiving repairs or services and for each car clip stored onsite. Items maintained and contained in this ledger shall include:
i. Date the vehicle or body clip entered the site for services, repairs, or storage.
ii. Customer Name.
iii. Vehicle Identification Number, Make, Model and Year. Body clips must be identified and marked in the event that a Vehicle Identification Number is not available.
iv. Type of services or repairs needed and/or performed.
v. Estimated time of completion.
vi. Date the vehicle or body clip was removed from site.
f. All operations shall maintain compliance with all federal, state, and local environmental regulations.
g. All operations shall maintain compliance with City Ordinance No. 7408, Automotive Related Business (ARB) regulations.
h. Must practice all best management practices listed in its storm water pollution prevention plan.
4. 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;
5. Must comply with any outstanding Development Review Committee comments for the Specific Use Permit found in File No. SU141101/S141101.
SECTION 4: Compliance
All development must conform to the approved Development Plans, which are herein incorporated by reference.
1. By this Ordinance, this Specific Use Permit authorizing the operation of an Automotive Re-Builder with an Inoperable Vehicle Holding Yard and Used Auto Sales 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 months or more.
2. 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.
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 5.
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 6.
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 7.
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 13th of DECEMBER, 2016.
ORDINANCE NO. 10196-2016
SPECIFIC USE PERMIT NO. 973A
CASE NO. SU141101A/S141101A