From
Chris Hartmann
Title
SU161102 - Specific Use Permit - G&B Bumper Tech (City Council District 5). Approve a specific use permit to allow for outside storage in conjunction with an auto parts retail business. The 0.582-acre property, located at 143 S. E. 16th Street, is zoned Light Industrial (LI) District and is within the Central Business District (CBD Corridor Overlay District, Section 3. The applicant is Enrique Gomez and the owner is Blanca Barbosa. (On November 7, 2016, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
Consider a request for approval of a Specific Use Permit to allow for outside storage uses in conjunction with auto parts retail business. The existing business is located at 143 S.E. 16th Street. The 0.582 property is zoned Light Industrial (LI) District and lies within the Central Business District (CBD), Section 3. The property has a designated Specific Use Permit 685 (SUP-685) to allow for Reclamation/Recycling, Manufacturing and Storage.
ADJACENT LAND USES AND ACCESS:
North - The property directly north is zoned Light Industrial (LI) District and being used for industrial auto repair related uses.
South - Properties to the south is zoned Light Industrial (LI) District is the Union Pacific Railroad rights-of-way.
East - The property directly east and across S.E. 16th Street is zoned Light Industrial (LI) District and being used for communications cellular tower
West - Property to the west are zoned Light Industrial (LI) District and being used for auto storage purposes.
PURPOSE OF REQUEST:
Enrique Gomez, the applicant and operator of B& P Bumper, seeks City Council approval of a specific use permit application in order obtain authorization for outside storage uses 0.582-acre. This type of use requires specific use permit approval from City Council when located within the Light Industrial (LI) District; more specifically when located in the Central Business District (CDB) Overlay Corridor, Section 3.
HISTORY AND FUNCTION:
G&B Bumper has been operating at this location since the mid-1990s. In fact; SUP-685 was approved by City Council in April 1999 allowing for reclamation/recycling and storage uses associated with the business. SUP-685 specifically restricts any outside storage uses along with other conditions.
• Extend existing metal building to the west property line, in accordance with city codes, with a fire wall.
• The building will be the same type of metal structure as the main building.
• The building will be three-sided, with racks built in accordance with the fire codes.
• No additional parking required.
• Provide and minimum 8’ X 8’ loading area.
• Fire lanes and parking spaces shall be clearly marked.
• Install screening fence on S.E. 16th Street.
• 25 foot setback, landscape, sidewalk requirements along S.E. 16th St. shall be waived.
• The specific use permit is for interior reclamation/recycling, manufacturing and storage of automobile bumpers only and no other auto components.
• No outside storage will be allowed.
• Applicant must install a paint booth in accordance with Environmental & Fire Codes.
To date, the business has continued to operate over time and continues to store various automobile parts outside, including automobile bumpers. During this time the business has since changed ownership and modified operations somewhat limiting their business primarily to auto bumpers rather than miscellaneous auto parts.
Use:
The 5,500 square foot, single tenant facility is set up for inside and outside storage of primarily automobile bumpers, with approximately (½) one-half being exterior storage of the bumpers in steel racks. The racks are located to the rear of the property (western boundary) with the majority being 32’X4’X9’. Inventory is sold to customers as-is or minor repairs to bumpers offered for a fee.
Employees and Hours of Operation:
The facility will employee the owner/operator and will include 2 employees. The expected hours of operation will be Monday through Friday between 10:00 AM and 7:00 PM and 10:00 AM to 4:00 PM on Saturday.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The subject property is designated as appropriate for Industrial uses on the Future Land Use Map (FLUM). The proposal is consistent with the FLUM.
REQUESTED APPEALS BY OWNER/APPLICANT:
Unpaved Surface - the applicant is requesting an area used for outside storage remain unpaved. This area represents approximately 1/3 of the ½ acre site to remain a substandard surface of gravel/pavers surrounded by an R-panel fence to remain as-is.
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 AMENDING SPECIFIC USE PERMIT NO. 685, AS APPROVED VIA ORDINANCE NO. 6057-1999, SO AS TO INCLUDE OUTSIDE STORAGE USES AS PART OF THE RECLAMATOIN/RECYCLING, MANUFACTURING AND STORAGE OF AUTOMOBILE BUMPERS USES IN A LIGHT INDUSTRIAL (LI) DISTRICT, TO WIT: BEING 0.582 ACRE TRACT OUT OF THE JOHN W. KIRK ANSTRACT NO. 726, PAGE 030, GRAND PRAIRIE, TEXAS, DALLAS COUNTY AND BEING ADDRESSED AS 143 S.E. 16TH STREET; SAID ZONING ORDINANCE AND MAP BEING NUMBERED ORDINANCE NUMBER XXXX 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 April 20, 1999, the Grand Prairie City Council approved Specific Use Permit No. 685, via Ordinance No. 6057-1999, granting a specific use permit for Reclamation/Recycling, Manufacturing and Storage of Automobile Bumpers uses on the subject property, but prohibited any outside storage of the same; and
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 include a Specific Use Permit for Outside Storage Uses as part of the Reclamation/Recycling, Manufacturing and Storage of Automobile Bumpers uses; and;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on November 7, 2016, 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 Outside Storage Uses as part of the Reclamation/Recycling, Manufacturing and Storage of Automobile Bumpers uses 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 Outside Storage Uses as part of the Reclamation/Recycling, Manufacturing and Storage of Automobile Bumpers uses; and
WHEREAS, Notice was given of a further public hearing 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 November 15, 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 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 15TH DAY OF NOVEMBER, 2016, 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 1010 for the property being addressed as 143 S. E. 16th Street and as shown in attached Exhibit A - Location Map and as legally described as a 0.582 acre tract located in the John W. Kirk Abstract 726, Page 030, Grand Prairie, Texas, Dallas County Texas.
SECTION 2: STANDARDS AND CONDITIONS
For operations of a Specific Use Permit for Outside Storage Uses as part of the Reclamation/Recycling, Manufacturing and Storage of Automobile Bumpers uses, the following standards and conditions are hereby established as part of this ordinance:
1. The development shall maintain compliance with all Federal, State and Local regulations; including, but not necessarily limited to, all applicable standards and regulations of the Grand Prairie Municipal Code an Unified Development Code.
2. Any zoning, land use requirements and restrictions not contained within this specific use permit ordinance shall conform to those requirements specified in the Light Industrial (LI) District as adopted and amended in the Unified Development Code (UDC). Where there is a conflict between the UDC and this ordinance, unless explicitly contained in this ordinance, the more restrictive shall prevail.
3. The development shall adhere to the City Council approved Exhibit B - Site Plan Package, which include the following exceptions (appeals) to the above noted standards:
Concrete Pavement for Outdoor Storage Area - As shown in Exhibit B - Site Plan, the proposed outside storage is hereby exempt from the concrete paving requirement. However, all bumpers shall be stored on racks as shown in Exhibit B - Site Plan, and shall not be stored directly on the ground.
4. All operations shall maintain compliance with City Ordinance No. 7408, Automotive Related Business (ARB) regulations.
5. The occupancy of the property shall be limited to one (1) tenant.
a. Tenant shall obtain his/her own Certificate of Occupancy prior to occupancy of the property.
b. Upon a change in use by a tenant that requires an amendment of their Certificate of Occupancy, the tenant’s Certificate of Occupancy shall be returned to Grand Prairie Building Inspections wherein a new Certificate of Occupancy shall be issued to include said changes in use, provided said changes in use are deemed permissible.
c. Upon vacancy of the property by a tenant, the tenant’s Certificate of Occupancy shall be returned to Grand Prairie Building Inspections. The tenant space shall not be reoccupied until such time that a new Certificate of Occupancy is issued for occupancy of the tenant space.
6. Outside inspection, repair and/or service of vehicles are prohibited.
7. Auto sales are prohibited.
8. Salvaging of any kind is prohibited.
9. The required parking spaces, as shown on Exhibit B - Site Plan, shall remain available for the customers, employees/owners, or visitors, of the respective tenant, and may not be used to park, store or otherwise house any inoperative or other non-authorized vehicles, equipment, parts, supplies/materials, trash or debris.
10. The use of public rights-of-way for parking or storage of a vehicle or vehicles, including those owned or otherwise controlled by a customer, employee/owner, or visitor, is hereby prohibited.
11. The use of the public rights-of-way for loading or unloading of vehicles from car haulers or trailers is prohibited.
12. All development and use of the site 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.
SECTION 3: COMPLIANCE
All development must conform to the approved site plan and all exhibits incorporated herein, as well as those incorporated herein by reference.
1. By this Ordinance, this Specific Use Permit shall automatically terminate in accordance with Section 5.4.1 of the Unified Development Code if a Certificate of Occupancy is not issued for said use within one (1) year after City Council adoption of this Ordinance, or upon cessation of said use for a period of six (6) months or more.
2. Furthermore, by this Ordinance, the City Council shall conduct a public hearing one (1) year following issuance of Certificate of Occupancy to confirm compliance with all applicable codes which shall include, but not be limited to, the requirements of this 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 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.
SECTON 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 15th DAY of November, 2016.
ORDINANCE NO. 10189-2016
CASE NO. SU161102
SPECIFIC USE PERMIT NO. 1010