From
Chris Hartmann
Title
SU141001A - Specific Use Permit Renewal - Advance Auto (City Council District 5). Renewal of a Specific Use Permit for New Auto Parts Sales within a General Retail (GR) District. The site is located at 425 S. Belt Line Road. The agent is Samantha Igou, Arc Vision Inc. The agent is Samantha Igou, Arc Vision Inc., the applicant is Gregory Mulkey, Advance Auto Company Stores, Inc., and the owner is Victor Ballas. (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 for New Auto Parts Sales within a General Retail (GR) District. The site is located at 425 S. Belt Line Road. The agent is Samantha Igou, Arc Vision Inc., the applicant is Gregory Mulkey, Advance Auto Company Stores, Inc., and the owner is Victor Ballas.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Land Use |
|
North |
2F, GR |
Vacant Lots, Two-Family Homes |
|
East |
MF-1 |
Avion Village |
|
West |
SF-4 |
Charley Taylor Park |
|
South |
MF-1 |
Apartments |
PURPOSE OF REQUEST:
As required by Ordinance 9786-2014 for Specific Use Permit 944 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 9786-2014. Code Enforcement provided that there were not any violations issued against the property.
Staff is recommending that the following corrections to the Ordinance 9786-2014 be codified within the renewal ordinance:
1. The heading under Section 3 of Ordinance 9786-2014 erroneously states that the SUP is “for the operation of a Used Auto Sales Business…” when it fact it should state for the operation of New Auto Parts Sales…”
2. Section 3.D states in part the minor component replacement, such as batteries, wipers and spark plugs, shall be permitted. Staff is recommending that Section 3.D be rewritten as follows to correctly codify the action of the City Council at the time of the original approval of said ordinance: “Section 3.D. - No vehicle repairs shall be conducted on-site except for the occasional courtesy installation of vehicle wiper blades, a battery or other minor auto components that can be typically completed in just a few minutes but not to exceed 10 minutes.”
RECOMMENDATION:
Staff recommends that Specific Use Permit 944 be renewed, with said corrections as noted above, 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 NEW AUTO PARTS SALES, TO WIT: BEING TRACT 10, 2.18 ACRES OF THE M L SWING ABSTRACT 1446 PG 150, 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 14, 2014, the City Council approved, via case number SU141001 and Ordinance No. 9786-2014, a request for a Specific Use Permit for New Auto Parts Sales within 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 New Auto Parts Sales within 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 New Auto Parts Sales within 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 approval to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to grant the renewal of the Specific Use Permit for New Auto Parts Sales within 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 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____ for the property location described as follows:
425 S. Belt Line Road, also being described as Tract 10, 2.18 Acres of the M L Swing Abstract 1446 PG 150, Dallas County, Texas and as shown on the approved site plan labeled as Exhibit A - Site Plan and Location Map, which are incorporated by reference.
SECTION 2: Definitions
New Auto Parts Sales: The sale of new auto parts, including rebuilt and/or refurbished parts but no used parts are sold.
SECTION 3: Specific Use Permit
FOR OPERATION OF NEW AUTO PARTS SALES BUSINESS WITHIN THE GENERAL RETAIL (GR) DISTRICT.
1. The development shall conform to the City Council approved Site Plan (Exhibit A - Site Plan),
2. As outlined within the Operational Plan contained within the Specific Use Permit Application File No. SU141001, and as more specifically stated and codified herein, the development shall adhere to the following operational standards:
A. All operations shall be conducted entirely on-site. The public right-of-way shall not be used for overflow parking.
B. All vehicle parking shall be parked on city approved surfaces.
C. There shall be no outside storage.
D. No vehicle repairs shall be conducted on-site except for the occasional courtesy installation of vehicle wiper blades, a battery or other minor auto components that can be typically completed in just a few minutes but not to exceed 10 minutes.
E. All operations shall maintain compliance with all federal, state, and local environmental regulations.
F. All operations shall maintain compliance with City Ordinance No. 7408 Automotive Related Business (ARB) regulations.
G. Must practice all best management practices listed in its storm water pollution prevention plan.
3. Future expansions to this facility will require the submittal of a revised site plan and floor plan for review and approval to the Planning Department.
SECTION 4: Compliance
All development must conform to the approved Development Plans, which are herein incorporated by reference.
1. In accordance with Section 5.4.1 of Article 5 of the Unified Development Code, this Specific Use Permit for New Auto Parts Sales within 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 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 19th of April, 2016.
ORDINANCE NO. 10034-2016
SPECIFIC USE PERMIT NO. 944A
CASE NO. SU141001A