File #: 14-4188    Version: 1 Name: SU120402B - 3018 E. Main Street
Type: Ordinance Status: Consent Agenda
File created: 10/23/2014 In control: Planning and Zoning Commission
On agenda: 11/3/2014 Final action:
Title: SU120402B - Specific Use Permit Renewal - 3018 E. Main Street (City Council District 5). A request for approval of a Specific Use Permit Renewal for a used car sales dealer with general automotive repair, auto body shop and paint booth, and major component replacement with outside storage on 1.3 acres. The subject property is zoned Commercial (C) District and is located at the northwest corner of the intersection of E. Main Street and N.E. 31st Street. The subject property is located within the Central Business District-Four (CBD-4) Corridor Overlay District. The owner/applicant is Shahrukh and Shahzeb Inc. (On November 3, 2014, the Planning and Zoning Commission tabled this case by a vote of 8 to 0.)
Attachments: 1. Location Map.pdf, 2. Exhibit A.pdf
From
Chris Hartmann
 
Title
SU120402B - Specific Use Permit Renewal - 3018 E. Main Street (City Council District 5). A request for approval of a Specific Use Permit Renewal for a used car sales dealer with general automotive repair, auto body shop and paint booth, and major component replacement with outside storage on 1.3 acres.  The subject property is zoned Commercial (C) District and is located at the northwest corner of the intersection of E. Main Street and N.E. 31st Street.  The subject property is located within the Central Business District-Four (CBD-4) Corridor Overlay District.  The owner/applicant is Shahrukh and Shahzeb Inc. (On November 3, 2014, the Planning and Zoning Commission tabled this case by a vote of 8 to 0.)
 
Presenter
 
Chief City Planner Jim Hinderaker
 
Recommended Action
 
Approve
 
 
Analysis
 
SUMMARY:
 
SU120402B - Specific Use Permit Renewal - 3018 E Main Street (City Council District 5). Consider a request for approval of a Specific Use Permit Renewal for a used car sales dealer with general automotive repair, auto body shop and paint booth, and major component replacement with outside storage on 1.3 acres.  The subject property is zoned Commercial (C) District and is located at the northwest corner of the intersection of E. Main Street and N.E. 31st Street.  The subject property is located within the Central Business District-Four (CBD-4) Corridor Overlay District.  
 
ADJACENT LAND USES AND ACCESS:
 
North -      Property to the north of this site is zoned Commercial (C) District and is developed with a residential structure.  The property is owned by the applicant and may be used for onsite security quarters.
 
South -       Immediately to the south is E. Main Street classified on the Master Transportation Plan (MTP) as a P7U (principal, seven lane undivided) roadway.  Across E. Main Street are properties zoned Light Industrial (LI) District developed with parking for the former Dallas Auto Auction facility.
 
East -      Immediately to the east is NE 31st Street, classified on the Master Transportation Plan (MTP) as (LS) local street.  Across NE 31st Street is property zoned Commercial (C) District developed with commercial and industrial uses.
 
West -      Property to the west is zoned Commercial (C) District and is partially developed.  To the south facing Main Street is a building with commercial storefronts.  Farther north is undeveloped property.
 
      
PURPOSE OF REQUEST:      
 
As required by Ordinance 9574-2013 for Specific Use Permit 881A, the City Council shall conduct a public hearing one (1) year 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 other applicable regulatory requirements and/or enforced by the state and federal government.
 
STATUS:
 
As required, staff requested inspections of the property and operations by the Code Enforcement Division and the Environmental Services Department.  The inspections revealed that the applicant has yet to begin operations based on the original SUP approval.    
 
RECOMMENDATION:
 
Staff is recommending one (1) year renewal of the Specific Use Permit.
 
 
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 THE EXTENSION OF AN EXISTING SPECIFIC USE PERMIT FOR A USED CAR SALES DEALER WITH GENERAL AUTO REPAIR, AUTO BODY SHOP AND PAINT BOOTH WITH MAJOR COMPONENT REPLACEMENT AND OUTSIDE STORAGE IN A COMMERCIAL (C) DISTRICT; BEING A 1.17 ACRE PARCEL OF LAND DESIGNATED AS LOTS 323 THROUGH 328, BURBANK GARDENS ADDITION, GRAND PRAIRIE, DALLAS COUNTY, TEXAS (THE SUP AREA), AND BEING ADDRESSED AS 3018 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, on June 19, 2012, the City Council approved, via case number SU120102 and Ordinance No. 9468-2012, a request for a Specific Use Permit for a Used Car Sales Dealer with General Auto Repair, Auto Body Shop and Paint Booth, and Major Component Replacement with Outside Storage in a Commercial (C) District; and
 
WHEREAS, on August 20, 2013, the City Council granted a second one (1) year extension, via case number SU120402A and Ordinance No. 9574-2013, for a Specific Use Permit for a Used Car Sales Dealer with General Auto Repair, Auto Body Shop and Paint Booth, and Major Component Replacement with Outside Storage in a Commercial (C) District; and
 
WHEREAS, city staff initiated the required one (1) year review by Planning Commission and City Council of the Specific Use Permit for a Used Car Sales Dealer with General Auto Repair, Auto Body Shop and Paint Booth, and Major Component Replacement with Outside Storage in a Commercial (C) District; and
 
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on November 3, 2014, after legal notice of such public hearing before the Planning and Zoning Commission on the proposed Specific Use Permit had been published in the paper of record for an extension of an existing Specific Use Permit for a Used Car Sales Dealer with General Auto Repair, Auto Body Shop and Paint Booth, and Major Component Replacement with Outside Storage in a Commercial (C) District; 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 8 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be extended for one (1) year for a Specific Use Permit for a Used Car Sales Dealer with General Auto Repair, Auto Body Shop and Paint Booth, and Major Component Replacement with Outside Storage in a Commercial (C) 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 November 18, 2014 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 ____ for the property location described as follows:
 
Being 1.17 acres of land designated as Lots 323 Through 328, Burbank Gardens Addition, Grand Prairie, Dallas County, Texas (the SUP Area), and being addressed as 3018 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 A USED CAR SALES DEALER WITH GENERAL AUTO REPAIR, AUTO BODY SHOP AND PAINT BOOTH, AND MAJOR COMPONENT REPLACEMENT, WITH OUTSIDE STORAGE  IN A COMMERCIAL (C) 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.
 
Make Ready Service:  Means a repair or service procedure necessary to prepare 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:  
      1. All operations must be done in compliance with the approved site plan and operational plan as approved by City Council.
      1. 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.
      1. Future expansion of the facility must be done by submitting a revised site plan for review and approval to the Planning Department.
      1. Dumpster screening elevations and details must be shown on the approved site plan and location must be approved by city solid waste contractor.
      1. All operations shall be performed in compliance with City Ordinance # 7408 Automotive Related Business regulations.
      1. Operation of an auto body shop with paint booth shall be conducted in accordance with the requirements of the 2003 International Fire Code (IFC) and the adopted amendments.
      1. 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.
      1. Welding, cutting, open torches and other hot work operations and equipment shall comply with Chapter 26, IFC.
      1. Operations which involve the application of flammable finishes shall comply with Chapter 15, IFC.
      1. 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.  
      1. 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.  
      1. 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 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.
      3. 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.
      1. 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.
      3. 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)]
      1. 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.
      1. All work related to the operation must be done indoors.
      1. 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.
      1. Must provide documentation that the operation is in compliance with Texas Commission of Environmental Quality Air authorization.
      1. The facility must maintain manifests detailing the types and amounts of chemicals stored within the building area and maintain manifest of their disposition to a state or federally approved disposal site.
      1. No parking or storing of vehicles will be permitted on an unpaved surface.
      1. No salvaging of any type shall be done inside the SUP area.
      1. 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.
 
26. TCEQ air authorization for paint booth is required.
 
27. Interior area separation with two hour fire wall assemblies must be shown on floor plan provided to Building Inspections and must be constructed up to the roof deck prior to the issuance of the Certificate of Occupancy.
 
B.      COMPLIANCE - All development must conform to the approved site 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 "used car sales dealer" 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 "used car sales dealer", the Specific Use Permit shall automatically terminate if no certificate of occupancy is issued for "used car sales dealer" 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 "used car sales dealer" 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) year 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.
 
4.   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.
 
5.   It shall be unlawful for the owner, manager, or any person in charge of a business or other establishment to violate the conditions of this Specific Use Permit as granted.  The violation of those conditions could result in a citation being issued by the appropriate enforcement officers of the City of Grand Prairie, and/or an action to revoke the SUP.
 
     6.   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
 
7.   The Certificate of Occupancy shall note the existence of this Specific Use Permit by its SUP number and title.
 
 
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 18th DAY of NOVEMBER, 2014.
 
Case Number SU120402B
Ordinance Number
Specific Use Number