From
Chris Hartmann
Title
SU150502C - Specific Use Permit Renewal - 1519 E Main Street (City Council District 5). A request to renew specific use permit -830B for used auto sales within a Light Industrial (LI) District and within Central Business District No. 3 (CBD 3). The agent is Alfonso Lopez and the owner is Ricardo Flores. (On September 11, 2017, the Planning and Zoning Commission recommended approval to renew this SUP by a vote of 8-0).
Presenter
Chief City Planner David Jones, AICP
Recommended Action
Approved
Analysis
SUMMARY:
Consider a request for the approval of a Specific Use Permit Renewal for used auto sales under the business Flores Autos. The 0.65-acre property, zoned Light Industrial (LI) District, is located at 1519 E. Main Street.
ADJACENT LAND USES AND ACCESS:
North - Auto-related businesses, zoned Commercial District (C)
South - Auto-related businesses, zoned Light Industrial District (LI)
East - Auto-related businesses, zoned Light Industrial District (LI)
West - Auto-related businesses, zoned Light Industrial District (LI)
PURPOSE OF REQUEST:
As required by Ordinance No. 9990-2015 for Specific Use Permit 830B the City Council shall conduct a public hearing six (6) months and (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.
STATUS:
As required, staff requested inspections of the property and operations by the Code Enforcement Division and the Environmental Services Department. The inspections conducted indicated that all operations on the site appear to be currently in conformance with required conditions of the Specific Use Permit as approved by City Council.
Inspection Findings:
1. Cited For repairing vehicles outside.
2. Cited for having inoperable vehicles stored on the property.
3. Salvaging witnessed by environmental.
Inspection Findings upon follow-up review:
1. That the business has improved the back lot holding area that was formerly dirt with concrete.
2. Vehicles on the property were limited and parked in marked spaces which is a condition of the SUP.
3. The dumpster enclosure has not been constructed as required by the SUP (condition b )
4. There was one vehicle parked outside of the fence that encroached the right of way and is not consistent with the site plan that was approved. (Condition f )
5. There were 3 inoperable vehicles stored in the screened area, outside of the building that is non-compliant with the conditions of the SUP (condition h )
6. Inside the shop it was observed that some salvage vehicle parts were being stored ( condition I )
7. No ledger of vehicles on the property or repaired was available (condition j )
8. On this date no outside repairs were observed.
RECOMMENDATION:
Due to the number of violations leading up to the one year review, staff recommends that the property have an additional inspection performed in six (6) months to ensure continued compliance with the SUP conditions of approval. If not in compliance, staff recommends that the renewal go back to the Planning and Zoning Commission for review.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE ZONING ORDINANCE AND MAP SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR THE RENEWAL OF A SPECIFIC USE PERMIT AUTHORIZING GENERAL AUTO REPAIR AND A USED CAR SALES LOT IN THE LIGHT INDUSTRIAL (LI) DISTRICT, TO WIT: BEING A 0.66 ACRE TRACT OF LAND OUT OF THE J.K. KIRK SURVEY, ABSTRACT NO. 726, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, AND AS MORE PARTICULARLY DESCRIBED BELOW; SAID ZONING ORDINANCE AND MAP 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 December 15, 2015, the Grand Prairie City Council approved, via Ordinance No. 9990-2015 (Planning Case File No. SU150502), a request for a Specific Use Permit for General Auto Repair and a Used Car Sales Lot in the Light Industrial (LI) District; and
WHEREAS, said Ordinance No. 9990- 2015 stipulated that the Grand Prairie City Council shall conduct
a public hearing six (6) months and 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 code and hereby recommends approval of the renewal of Ordinance
No. 9990-2015 for a Specific Use Permit for General Auto Repair and a Used Car Sales Lot in the Light Industrial (LI) District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on September 11, 2017, 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 request for a Specific Use Permit Authorizing General Auto Repair and a Used Car Sales Lot in the Light Industrial (LI) 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 8 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to include a Specific Use Permit Authorizing General Auto Repair and a Used Car Sales Lot in the Light Industrial (LI) District; 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 Zoning Ordinance and Map 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 830C for the property location as shown in attached Exhibit A - Location Map as legally described as follows:
TRACT A
BEING a tract or parcel of land out of the J.W. Kirk Survey, Abstract No. 726, and being the same tract or parcel of land conveyed by Warranty Deed dated: February 4, 1997, from O.H. Hickman to F.R. Petty, and recorded in Volume 2782, Page 494, of the Deed Records of Dallas County, Texas, and being more particularly described by metes and bounds as follows;
BEGINNING at a 5/8 inch iron rod found for corner in the south line of East Main Street (U.S. Highway 180) (100 foot wide right of way), and being the northeast corner of Lot 10, Block C, San Benito Addition, an Addition to the City of Grand Prairie, according to the Plat or Map thereof recorded in Volume 4, Page 38, Map Records of Dallas County, Texas, from which a 1/2 inch iron rod found bears: S. 77°47'42" W., 1.16 feet;
THENCE N. 78°46'00" E., with the south line of said East Main Street for a distance of 99.86 feet to a "Pk" nail found in concrete pavement for corner;
THENCE S. 00°00'00" E., with a line that is N. 78°46'00" E., 99.86 feet of and parallel to the east line of said San Benito Addition, for a distance of 200.00 feet to a 5/8 inch iron rod found with cap marked "KSC 4019" in concrete for corner, from which the southwest corner of a masonry one story building, #1525 E. Main Street bears: North, 0.54 feet;
THENCE S. 78°46'00" W., with a line that is 200.00 feet south of and parallel to the south line of said East Main Street for a distance of 99.86 feet to a 1 inch iron rod found, in the east line of said San Benito Addition, from which a 1/2 inch iron rod found bears: N. 07°19'37" E., 1.21 feet;
THENCE N. 00°00'00" E., with the east line of said San Benito Addition, for a distance of 200.00 feet to the Point of Beginning and containing 19,589 square feet or 0.450 of an acre of land more or less.
TRACT B
BEING a tract or parcel of land in the J.W. Kirk Survey, Abstract No. 726, situated in the City of Grand Prairie, Dallas County, Texas and being the same tract of land described in the Deed from Greg D. Joyner to Juan Barbosa and recorded in Instrument No. 200503545417, of the Deed records of Dallas County, Texas and being more particularly described by metes and bounds as follows;
BEGINNING at a one inch diameter iron rod found at the southwest corner of a 0.450 acre tract of land conveyed to Ricardo Flores by Deed recorded in Volume 2003190, Page 6851, of the Deed Records of Dallas County, Texas and being S. 00°00'00" E., 200.00 feet from a 5/8 inch iron rod found at the northwest corner of said Flores Tract and in the south line of East Main Street (U.S. Hwy 180) (100 foot right-of-way) and said Point of Beginning being in the east line of Block C, San Benito Addition, an Addition to the City of Grand Prairie, according to the Plat thereof Recorded in Volume 4, Page 38, of the Deed Records of Dallas County, Texas;
THENCE North 78°46'00" East., with the north line of said Barbosa Tract and with the south line of said Ricardo Flores Tract, for a distance of 99.86 feet to a 5/8 inch iron rod found for the southeast corner of said Flores Tract;
THENCE North 78°46'00" East., with the north line of said Barbosa Tract and with the south line of a tract of land described in deed to Juan M. and Blanca E. Barbosa, recorded in Volume 2002160, Page
4883, of the Deed Records of Dallas County, Texas, for a distance of 99.16 feet to a point for corner, said point being located under an existing masonry building, and being in the west line of S.E. 16TH Street (variable width right-of-way);
THENCE South 00°06'28" East., with the east line of said Barbosa Tract and with the west line of said S.E. 16TH Street, for a distance of 50.00 feet to a 5/8 inch iron rod found for the southeast corner of said Barbosa Tract, and being the northeast corner of a tract of land described in deed to Edith Irene Main Joyner, recorded in volume 2001008, Page 2410, of the Deed Records of Dallas County, Texas;
THENCE South 78°45'48" West., with the south line of said Barbosa Tract and with the north line of said Edith Irene Main Joyner tract, for a distance of 135.62 feet to a point for corner;
THENCE North 85°31'45" West, generally with an old sheet metal fence, for a distance of 62.37 feet to a point for corner in the east line of said San Benito Addition;
THENCE North 00°10'31" West, with the west line of said Barbosa Tract and with the east line of said San Benito Addition for a distance of 32.79 feet to the Point of Beginning and containing 9,229 square feet or 0.212 of an acre of land more or less.
SECTION 2: PURPOSE AND INTENT
The purpose and intent of this ordinance is to codify the General Auto Repair uses that are currently taking place on the subject property and to also establish Use Car Lots Sales as an additional permitted use for the subject property, and further to provide the appropriate restrictions and development controls that ensure this Specific Use Permit is compatible with the surrounding development and zoning and to also ensure that the development complies with the City’s Comprehensive Plan and Unified Development Code.
SECTION 3: STANDARDS AND CONDITIONS
For operation of General Auto Repair and a Used Car Lot in a Commercial (C) District, the following standards and conditions are hereby established as part of this ordinance:
1. The development shall maintain full adherence, unless herein modified, with all Federal, State and Local regulations; including, but not necessarily limited to, all applicable standards and regulations of the Grand Prairie Municipal Code and Unified Development Code (UDC).
2. Any land use or development standard, requirement or restriction not contained within this specific use permit ordinance shall conform to those requirements and/or standards contained within Light Industrial (LI) District as applicable and as adopted and amended in the UDC. Where there is a conflict between the UDC and this ordinance, unless explicitly contained within this ordinance, the more restrictive will prevail.
3. The development shall adhere to the following specific standards:
a. Site plan mylars must be submitted for approval before any building permit or certificate of occupancy can be released or approved.
b. The dumpster enclosure shall be constructed to the standards found in the Unified Development Code and must be installed before a certificate of occupancy can be issued.
c. Operations must conform to the approved site plan. All vehicles must be parked within a clearly marked parking space. No vehicles may be parked or stored in the fire lane.
d. The number of business shall be limited by the number of parking spaces available onsite, according to the approved site plan. Off street parking requirements shall meet the minimum standards of the Unified Development Code.
e. The sale of any part of the properties within boundaries of this specific use permit ordinance, as shown in Exhibit A -Site Plan, resulting in any parking space reduction, shall cause this specific use permit to become void.
f. All business activities must take place onsite. Use of the rights-of-way shall be prohibited.
g. No repair work shall be performed outside.
h. No inoperable vehicles shall be stored outside.
i. All salvaging is prohibited.
j. A ledger with vehicle information for all vehicles receiving service onsite shall be kept and made available upon request for review by Police and Code Enforcement Officers.
k. Must comply with the Automotive Related Business Ordinance.
l. Any outstanding comments found in City Case File No. SU150502/S150504, not in conflict with this ordinance, shall be addressed prior to the sign-off of the site plan mylars and the issuance of a certificate of occupancy.
4. The development shall adhere to the City Council approved Exhibit A - Site Plan.
5. Any changes to the approved site plan must be resubmitted for review and approval. The Planning Director or designee shall determine if changes may be administratively approved or if they will require Council action.
SECTION 4: 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 shall perform an additional inspection in six (6) months to confirm continued compliance with adopted development standards and 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 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 ON THIS THE 19TH DAY OF SEPTEMBER 2017.
Ordinance No. 10337-2017
Case No. SU150502C
Specific Use Permit No. 830C