From
Chris Hartmann
Title
SU120804 - Specific Use Permit - 1702 W. Main Street (City Council District 5). Approval of a Specific Use Permit for tire sales and installation in an existing auto repair shop on 0.385 acres. The subject property is zoned Commercial (C) District and is generally located west of State Highway 161 at the northwest corner of W. Main Street and N.W. 17th Street. The property is within Central Business District One (CBD-1) and the State Highway 161 (SH-161) Overlay District. The owner is Al-Aboody Abrhamim, the applicant is M.S. Keeton, and the agent is Joe Diaz. (On October 1, 2012, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0.)
Presenter
Bill Crolley, Director of Planning and Development
Recommended Action
Approve
Analysis
SUMMARY:
Consideration of a request for the approval of a Specific Use Permit for tire sales and installation in an existing auto repair shop on 0.385 acres. The subject property is zoned Commercial (C) District and is generally located west of State Highway 161 at the northwest corner of West Main Street and Northwest 17th Street. The property is within Central Business District Number One (CBD-1) and the State Highway 161 (SH-161) Overlay District.
ADJACENT LAND USES AND ACCESS:
North - To the north is property zoned Commercial (C) District developed with a sign company with the northwest being undeveloped.
South - Immediately to the south is W. Main Street classified on the Master Transportation Plan (MTP) as a P7U (principal arterial, seven lane, undivided) roadway. Farther south is railroad right-of-way and then W. Jefferson Street.
East - To the east is NW 17th Street classified on the Master Transportation Plan (MTP) as a L2U (local, 2 lane, undivided) roadway. Property across NW 17th Street is zoned Commercial (C) District that is developed with a motel use.
West - To the west property is zoned Commercial (C) District that is developed with an office building.
PURPOSE OF REQUEST:
This request is for a minor auto repair shop with state vehicle inspections, tire sales, and indoor installation. Tire sales and installation requires the approval of a Specific Use Permit in a Commercial (C) District. This submittal is being made to fulfill that requirement.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
This site is 16,789 square feet or 0.385 acres, and is currently developed with an existing 4,336 square foot brick masonry building. The site was previously developed and used for a Texaco service station. When the service station was sold the lease space was demised into a retail store and auto service bays. The western 1,705 square foot building is currently used for a convenience store. The eastern half is currently being used by the applicant who is doing limited auto repair, and inspections. The site is paved with concrete that is in good condition. The applicant is proposing to add tire sales and installation to his existing business.
Since the building is not sprinklered Fire Administration has limited the total area where both new and used tires may be stored. The total storage of new and used tires will be limited to 400 square feet with a maximum height limit of 5 feet. The outside areas at the rear of the building do not meet the minimum separation requirements for storage of tires so tire sales have been restricted in that area as well.
The existing dumpster, is shared with the convenience store and is currently located in the front building setback. It will be relocated inside an existing metal fence at the rear of the property. Parking and landscaping on the site area is limited, nine total spaces are shown for both uses. Based on continuous usage, the site is vested to the standards in place at the time the property was developed.
The applicant has indicated that there will be three employees on site and their hours of operation will be from 8:00 a.m. to 8:00 p.m. Monday through Saturday.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map of the November 2010 Comprehensive Plan Update designates this area for Commercial uses. Since the proposed auto repair, state inspection and tire sales and installation is shown as a permitted use in a Commercial (C) District with the approval of a Specific Use Permit, staff has determined that the proposed use is in conformance with the 2010 Comprehensive Plan.
PROJECT'S VESTED STATUS:
This property is designated as a portion of Lots 8, 9 and 10, Block 80, Dalworth Park Addition. Vesting established by the Final Plat is deemed valid since there has been measurable progress of development since the approval of the Final Plat. Submittal of this Specific Use Permit application will vest this project to development standards in place for the proposed use as of the date of application submittal of June 19, 2012.
DENSITY AND DIMENSIONAL IMPACTS:
Density and dimensional standards are highlighted in the attach.
REQUESTED APPEALS BY APPLICANT:
No appeals are being requested by the applicant.
RECOMMENDATION:
Since the applicant is not requesting any appeals of the Unified Development Code, the Development Review Committee recommends support of the request for a Specific Use Permit for tire sales with indoor installation in a Commercial District.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR A SPECIFIC USE PERMIT FOR TIRE SALES AND INSTALLATION, IN A COMMERCIAL (C) DISTRICT, TO WIT: BEING 0.385 ACRES, AND BEING LOTS 8 THROUGH 10, BLOCK 80, DALWORTH PARK ADDITION, IN THE CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, AND BEING ADDRESSED AS 1702 WEST MAIN STREET, 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, the owners of the property described herein below filed application with the City of Grand Prairie, Texas, petitioning an amendment of the Zoning Ordinance and map of said city so as to amend the zoning designation of said site to allow a Specific Use Permit for Tire Sales and Installation, in a Commercial (C) District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on October 1, 2012, after written notice of such public hearing before the Planning and Zoning Commission on the proposed Specific Use Permit had been sent to owners of real property lying within 300 feet of the property on which the creation of a Specific Use Permit for Tire Sales and Installation, in a Commercial (C) District; is proposed, said Notice having been given not less than ten (10) days before the date set for hearing to all such owners who rendered their said property for City taxes as the ownership appears on the last approved City Tax Roll, and such Notice being served by depositing the same, properly addressed and postage paid, in the City Post Office; 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 allow a Specific Use Permit for Tire Sales and Installation, 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 Grand Prairie Council Chambers, 317 College Street at 6:30 o'clock P.M. at 6:30 o'clock P.M. on October 16, 2012 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 901 for the property location described as follows:
The location being 0.385 acres, and being Lots 8 through 10, Block 80, Dalworth Park Addition, in the City Of Grand Prairie, Dallas County, Texas, and being addressed as 1702 West Main Street as shown on the SUP Site Plan and labeled as Exhibit 'A', which is incorporated herein by reference.
SECTION 2.
Specific Use Permit
FOR OPERATION OF TIRE SALES AND INSTALLATION IN A COMMERCIAL (C) DISTRICT. The following conditions are hereby established as part of this ordinance:
1. All operations must conform to the Planning and Zoning Commission approved site plan and operational plan as shown in Exhibit 'A'.
2. No vehicle sales will be permitted on the property.
3. No vehicles shall be stored on this site without a valid work order. Work orders shall not exceed 90 days.
4. The facility must develop and implement an accidental spill plan. The Water Quality Division will provide spill plan development guidelines. A copy of the plan must be forwarded to the Water Quality Division for approval.
5. 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.
6. It shall be unlawful for any person, owner, tenant or employee to commit such acts as listed below:
a. Discharge or deposit, upon any public or private property, any industrial, chemical, hazardous or other regulated waste.
b. Permit crankcase or radiator drainage, vehicle engine wash or other oils, greases, vehicle fuels or like material to be discharged or deposited to any area within the city.
7. The facility shall meet all requirements of the Auto Related Business Ordinance # 7408 Chapter 13 "Health & Sanitation" of the Code of Ordinances.
8. All waste disposal services shall be contracted with Grand Prairie Disposal Company, J.C. Duncan. Commercial-type refuse containers 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 Grand Prairie Disposal Company. [city code 26-105(a)]. 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.
9. 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.
10. 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)].
11. All facilities must comply with current health and water quality standards before a revised certificate of occupancy can be issued. These issues will be addressed during the building review process.
12. Fire Department has determined that new and used tires may all be stored indoors. However, interior tire storage shall not exceed 400 square feet and shall be no more than five (5) feet in height. No permanent outside storage of tires shall be permitted. The Fire Department will require final approval of tire storage prior to issuance of the amended Certificate of Occupancy.
13. The storage of vehicles awaiting service shall not be allowed in the front building setback or in front of the garage doors. Except in approved parking spaces.
14. No work shall be done outside the building.
15. Temporary outside display of tires shall be limited to one rolling rack of no more than 20 tires. Which may be located outside garage doors and adjacent to building while facility is open.
16. Vehicle, or parts storage or shall not be permitted on the north side of the building as a part of this SUP.
17. The applicant shall submit for a revised Certificate of Occupancy (CO) upon completion of all conditions. Additional uses and SUP number shall be added to the CO.
18. Shared dumpster shall be located in front of the building, and must be accessible, by the city's solid waste contractor.
SECTION 3.
Compliance
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 "Tire Sales and Installation" 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 "Tire Sales and Installation", the Specific Use Permit shall automatically terminate if a revised certificate of occupancy is not issued adding "Tire Sales and Installation" to its existing uses 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 "Tire Sales and Installation" 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 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.
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 16th DAY of OCTOBER, 2012.
ORDINANCE NO. 9441-2012
CASE NO. SU120804
SPECIFIC USE PERMIT NO. 901