From
Chris Hartmann
Title
SU150802A - Specific Use Permit Renewal - 3015 Eagle Drive, STE 400 and 600 (City Council District 2). Approval of a Specific Use Permit Renewal for an auto body and paint shop. The property is addressed as 3015 Eagle Dr and is zoned Light Industrial (LI) District. The applicant is Halid Amer and the owner is Yan Wu. (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. 9900-2015 for a Specific Use Permit for an Auto Body and Paint Shop within the Light Industrial (LI) District.
ADJACENT ZONING:
North - Light Industrial (LI) District
South- PD-137 for Commercial (C)
East- Light Industrial (LI) District
West- Light Industrial (LI) District
PROPOSED USE AND CHARACTERISTICS
Operations:
Champion Collision Repair Center will operate out of two existing suites, 600 and 400, located at 3015 Eagle Dr; totaling just under 8,000sqft. Champion Collision Repair will not be performing general auto repairs or vehicle rebuilds, but will focus solely on auto body repairs and painting. Their clientele consists of walk-in-customers and insurance companies. The applicant states that they will not be working on more than 5 vehicles at a time.
• Suite 600 - This suite is 5,300sqft. In accordance with the attached operational plan and site plan, suite 600 will serve as the repair shop. A paint booth will be installed in the southeast corner of the suite. All tools and equipment necessary to perform auto body repair and painting will be stored inside the building.
• Suite 400 - This suite is 2,700sqft and will be primarily used for the storage of, at the most, five vehicles awaiting repair. This suite will also contain the recycling bin for scrap metal, to be picked up by a licensed company on a weekly basis. A 55 gallon drum will also be supplied and disposed of on a monthly basis by a licensed oil recycling company.
Champion Collision Repair will have five employees onsite during business hours. Hours of operation will be Monday through Saturday from 7 am to 5 pm.
Parking and Access:
The property currently has 3 other tenants in the 16,000sqft building. The Unified Development Code (UDC) requires at least 13 parking spaces for the existing tenants; 6 parking spaces for the 2 existing warehouse uses and 7 parking spaces for a tire sales and installation shop.
For an auto service related business, the UDC requires 1 space per 400sqft of building. Champion Collision Repair has 8,000sqft; requiring 20 parking spaces. The property has a total of 24 parking spaces, leaving only 11 spaces for Champion Collision Repair and is 9 spaces short.
The applicant has restricted the amount of parking he requires by limited the number of vehicles that will be worked on at any given time. In addition, the applicant is requesting that the city recognize the 5 storage spaces inside the building, leaving the property 4 spaces short, instead of 9.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The November 2010 Future Land Use Map (FLUM) shows this area for Mixed Uses. Staff has determined that the proposed zoning is not in compliance with the FLUM; however, annually the FLUM is amended to address inconsistencies such as this.
REQUESTED APPEALS AND EXCEPTIONS:
Parking
As stated above, for an auto service related business, the UDC requires 1 space per 400sqft of building. Champion Collision Repair has 8,000sqft; requiring 20 parking spaces. The property has a total of 24 parking spaces, leaving only 11 spaces for Champion Collision Repair and is 9 spaces short. The applicant has restricted the amount of parking he requires by limited the number of vehicles that will be worked on at any given time. In addition, the applicant is requesting that the city recognize the 5 storage spaces inside the building, leaving the property 4 spaces short, instead of 9.
If approved, the parking reduction would limit the uses of the remaining suites. If one of the existing businesses was to move out, the property owner would not be able to lease the property for a use that would require more parking than the previous tenant’s use. The existing uses and parking requirements are as follows:
• Warehouse - 3 required parking spaces
• Warehouse - 3 required parking spaces
• Auto related business - 7 required spaces.
RECOMMENDATION:
Staff recommends approval of the renewal of the SUP.
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 AUTO BODY AND PAINT SHOP, TO WIT: BEING LOT 8B, WOOLPERT ADDITION, GRAND PRAIRIE, TARRANT 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 August 18, 2015, the Grand Prairie City Council approved, via Ordinance No. 9900-2015 (Planning Case File No. SU150802), a Specific Use Permit for an Auto Body and Paint Shop within the Light Industrial (LI) District; 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. 9900-2015 for a Specific Use Permit for an Auto Body and Paint Shop within the Light Industrial (LI) District; 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. 9900-2015 for a Specific Use Permit for an Auto Body and Paint Shop within the Light Industrial (LI) 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 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. 9900-2015 for a Specific Use Permit for an Auto Body and Paint Shop within the 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 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 971A for the property addressed as 3015 Eagle Drive, as shown in Exhibit A - Location Map and as legally described as Lot 8B, Woolpert Addition, Grand Prairie, Tarrant County, Texas.
SECTION 2: Specific Use Permit
FOR OPERATION OF AN AUTO BODY AND PAINT SHOP:
1. The auto body and paint shop use shall be limited to the areas currently recognized as suites 400 and 600. An address change request must be submitted to the planning department, requesting city combine suites 400 and 600 into one (1) suite;
2. The auto body and paint shop use shall require 11 outside parking spaces and shall be designated on the approved Exhibit B - Site Plan. 13 parking spaces shall be designated as required parking for other businesses on the property. No use shall be permitted that would require parking to exceed the 13 total parking spaces allotted for other businesses, unless authorized in accordance with the Unified Development Code, as amended;
3. 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.
4. As outlined within the Operational Plan contained within the Specific Use Permit Application File No. SU150802, and as more specifically stated and codified herein, the development shall adhere to the following operational standards:
a. All damaged vehicles must be parked inside in the five (5) spaces shown on the approved site plan. No more than five (5) customer vehicles may be stored onsite;
b. A ledger shall be kept on-site and maintain by the business operator and shall be presented upon request by the Police Department and Code Enforcement during inspections or investigations. The ledger shall maintain information and documentation for each vehicle receiving repairs or services. Items maintained and contained in this ledger shall include:
i. Date the vehicle entered the site for services or repairs;
ii. Customer Name;
iii. Vehicle Identification Number, Make, Model and Year;
iv. Type of services or repairs needed and/or performed;
v. Estimated time of completion;
vi. Date the vehicle was removed from site; and
c. All operations shall maintain compliance with all federal, state, and local environmental regulations;
d. All operations shall maintain compliance with City Ordinance No. 7408, Automotive Related Business (ARB) regulations; and
e. Must practice all best management practices listed in its storm water pollution prevention plan; and
5. 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;
6. Must comply with any outstanding Development Review Committee comments for the Specific Use Permit found in File No. SU150802.
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 authorizing the operation of Specific Use Permit for an Auto Body and Paint Shop 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 remain 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 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 13th DAY OF DECEMBER, 2016.
ORDINANCE NO. 10197-2016
SPECIFIC USE PERMIT NO. 971A
CASE NO. SU150802A