From
Chris Hartmann
Title
SU170904/S170904 - Specific Use Permit/Site Plan - Champion Collision Repair Center (City Council District 2). Specific Use Permit for Major Auto Repair and Auto Body and Paint Shop and Site Plan for Champion Collision Repair, an approximately 18,400 square foot industrial facility. Lot 1, Three Sixty Place Addition, Addressed as 2975 Eagle Dr and zoned LI, Light Industrial district. The agent is Jessica Kilgore, AME Engineering Inc. and the owner is Sam Amer. (On September 11, 2017, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0).
Presenter
Chief City Planner David Jones, AICP
Recommended Action
Approve
Analysis
SUMMARY:
SU170904 -Specific Use Permit - Champion Collision Center at 2975 Eagle Drive. A request to allow for the construction and operation of an Auto Body and Paint Shop on one lot on 2.00 acres generally located north of Eagle Drive and approximately 600 feet east of SH 360. The property is zoned Light Industrial (LI) district.
SUMMARY:
Consider a request for approval of a Specific Use Permit for Auto Body and Paint Shop. The 2.0 acre property is zoned Light Industrial (LI) District. The undeveloped subject site is located north of Eagle Drive and approximately 600 feet east of State Highway 360. (2975 Eagle Drive)
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Land Use |
|
North |
Light Industrial (LI) District |
Office/Warehouse Uses |
|
East |
Light Industrial- (LI) District |
Industrial Uses |
|
West |
Light Industrial (LI) District |
Undeveloped |
|
South |
Light Industrial (LI) District |
Auto-Related Business |
Primary access to the site shall be two (2) concrete paved commercial drives via Eagle Drive.
PURPOSE OF REQUEST:
City Council granted the applicant ‘Champion Collision’ Specific Use Permit 971 in August 2015 for Auto Body and Paint Shop uses located directly across the street (3015 Eagle Drive) from this request. Their SUP was more recently reviewed as required by the ARB ordinance with no concerns SUP-971A, December 2016, City Council Review of operations. Since, the business has outgrown their site and is proposing a new collision repair and paint facility (directly across the street) which is the subject of this case.
The applicant is seeking a Specific Use Permit to construct and operate an Auto Body & Paint Shop at 2975 Eagle Drive, Grand Prairie, Texas. Auto Body Repair and Paint Shop require approval of a Specific Use Permit in Light Industrial zoning districts per Article 4, “Permissible Uses” of the Unified Development Code, Section 4.8.4. This application submittal is being made to conform to these requirements
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The two (2) acre plat was established in November 1996 as Lot 1, Thirty-Six Place Addition. The applicant proposes a single-story 16,000 square foot masonry (concrete tilt-panels) building, providing multiple overhead roll up doors for vehicular access to accommodate the Auto Body and Paint Shop business.
Primary access is being provided via two commercial driveway form Eagle Drive. Parking is being provided on both the eastern and western portions of the property. General customer and business parking spaces (21), including 2 accessible spaces are located on the western portion of the site. Employee and auto storage spaces (75) are located on the eastern portion of the site. The site provides a 12’ X 12’ masonry dumpster enclosure conforming to the exterior materials of the building. A future 25’ X 25’ hand car wash station is designated on the exterior northern portion of the facility.
Landscaping:
The property provides 22,399 sq. ft. of landscaping (25% of lot), including nine (9) street trees and approximately 80 shrubs.
LI zoning requires minimum 4% on-site landscaping.
General Operations:
According to the Operational Plan and discussion with the applicant, the single tenant Auto Body and Paint Shop facility will be open Monday through Saturday from 8:00 AM to 6:00 PM. The businesses will have 10 professional/technical employees and 4 administrative staff providing services (paint & body repair) to the general public as well fleet service for City of Grand Prairie, City of Arlington, Grand Prairie ISD, City of Irving, City of Lewisville and other private fleet vehicles including FedEx and Enterprise Rentals.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The subject property is designated as appropriate for Light Industrial uses on the Future Land Use Map (FLUM). Light Industrial is defined as a use category that represents warehousing, distribution, light assembly and fabrication uses. The proposal is consistent with the FLUM.
APPLICABLE DEVELOPMENT STANDARDS:
This site shall conform to the Auto-Related Business (ARB) Standards. In conjunction with the ARB standards, staff recommends no outside repair and/or storage of parts and materials. Parking of vehicles shall be on designated paved surface.
REQUESTED APPEALS BY APPLICANT:
The building’s exterior construction will consist of primarily masonry (concrete tilt-wall panels) with the exception of the front (western) elevation incorporating complimentary metal design.
The metal exterior design exceeds the secondary exterior material requirement (27%); therefore the applicant is requesting an exception to the required 85% masonry requirement for that portion of the building.
RECOMMENDATION:
Staff recommends approval of the Specific Use Permit. Although staff typically would not offer support of a metal wall or sheathing material, the applicant in this case is proposing an architectural metal cladding on a tower element with a curtain wall storefront. Although metal is not allowed in the LI district outside an overlay, even as a material substitution, staff is supportive of its use as a secondary architectural feature.
Body
AN ORDINANCE AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR A SPECIFIC USE PERMIT FOR AN AUTO BODY AND PAINT SHOP, TO WIT: BEING LOT 1, THIRTY-SIX PLACE 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, 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 for a Specific Use Permit for an Auto Body and Paint Shop; 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 creation of Specific Use Permit for an Auto Body and Paint Shop; 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 approval to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to allow a Specific Use Permit for an Auto Body and Paint Shop; 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 September 19, 2017 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 1029 for the property location described as follows:
2975 Eagle Dr., also being further described as being Lot 1, Thirty-Six Place Addition, Grand Prairie, Tarrant County, Texas. (EXHIBIT A-LOCATION MAP)
SECTION 2: Specific Use Permit
FOR OPERATION OF AN AUTO BODY AND PAINT SHOP:
1. 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
2. A Site Plan (EXHIBIT B) 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;
3. Must comply with any outstanding Development Review Committee comments for the Specific Use Permit found in File No. SU170904.
4. Allowance for an exception to the exterior masonry construction requirement to the front elevation for secondary metallic identification feature. (EXHIBIT C)
SECTION 3: Compliance
All development must conform to the approved Development Plans, which are herein incorporated by reference.
1. By this SUP Ordinance, this Specific Use Permit shall automatically terminate if a Certificate of Occupancy is not issued for a Specific Use Permit for an Auto Body and Paint Shop; 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.
2. Furthermore, by this SUP Ordinance, the City Council shall conduct a public hearing one (1) year after City Council approval of the Site Plan 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.
3. 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.
4. 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.
5. 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
6. 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 19th of SEPTEMBER, 2017.
ORDINANCE NO. 10342-2017
SPECIFIC USE PERMIT NO. 1029
CASE NO. SU170904/s170904