From
Chris Hartmann
Title
SU160701 - Specific Use Permit - 2478 Fort Worth Street (City Council District 1). Approve a Specific Use Permit to operate a Major Auto Repair and Paint & Body Shop within an existing commercial/industrial building. The request is for a 3,152 square foot lease space within a 9,800 square foot industrial building located on 0.424 acre at northeast corner of Fort Worth Street and N.W. 25th Street (2478 Fort Worth Street) , is zoned Light Industrial (LI) District and is within the Central Business Corridor Overlay District, Section 1. The owner is Quango Le. (On July 11, 2016, the Planning and Zoning Commission recommended approval of this request by a vote of 6-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
SUMMARY:
Consider a request for the approval of a specific use permit for Auto Body and Paint Shop/Major Auto Repair uses within a 3,152 lease space within a 9,800 square foot industrial building located on 0.424 acre at the northeast corner of Forth Worth Street and N.W. 25th Street.
The existing building is zoned Light Industrial (LI) District and within Central Business District No. 1 (CBD 1). The subject site is located at 2478 Forth Worth Street.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Land Use |
|
North |
Commercial (C) District |
Restaurant Uses |
|
East |
Light Industrial (LI) District |
Office Warehouse Uses |
|
West |
Light Industrial (LI) District |
Industrial Office/Warehouse Uses |
|
South |
Light Industrial (LI) District |
Industrial Office/Warehouse Uses |
Direct access to the site is existing drives along N.W. 25th Street and Fort Worth Street.
PURPOSE OF REQUEST:
The applicant is seeking specific use permit to operate an Auto Body & Paint Shop and Major Auto Repair Facility at lease space, Suite #309, 2478 Fort Worth Street, Grand Prairie, Texas. Auto Body & Paint Shop and Major Auto Repair Shop require the 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. Also, all nonresidential development located within an Overlay District require site plan approval from the Planning and Zoning Commission and the City Council at a public hearing. The property is located in the Central Business District One (CBD-1), which is considered an Overlay District. This application submittal is being made to conform to these requirements.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The applicant has operated an Auto Body & Paint Shop in Grand Prairie for several years (Lee’s Auto Body and Paint Shop-2610 Skyway Drive) and is relocating to the Fort Worth Street location.
The applicant proposes to occupy an existing commercial lease space previously used for industrial office/warehouse uses. The existing 9,800 square foot metal building houses two other commercial contactor-type businesses (Herring Electric & Haywood Floors). SUP request for Auto Body and Paint Shop and Major Auto Repair is for the southern (3,152 sq.) lease space. The proposed auto repair business shall operate out of one existing overhead door facing west (N.W. 25th Street).
All customer vehicles and/or repaired vehicles shall be parked inside, not outside storage of vehicles.
Auto sales and/or auto storage/salvage shall not be allowed on-site.
General Operations:
According to the Operational Plan and discussion with the applicant, the auto repair shop will be open Monday through Saturday from 8:00 AM to 5:00 PM. and closed on Sunday. The shop will have between 2 and 4 employees (inclusive of the applicant). The business plans to have a paint booth and other auto body repair related equipment and processes.
Parking:
The existing site has adequate parking to accommodate the auto repair business. Nine (9) spaces are dedicated to the Auto Repair business.
Dumpster Enclosure:
The applicant shall provide a minimum 12’ X 12’ masonry dumpster enclosure on-site.
APPLICABLE DEVELOPMENT STANDARDS:
Future development of the subject property shall be subject to all development standards of the Unified Development Code, Central Business District No.1, the Corridor Overlay Standards and other adopted regulations and policies.
REQUESTED APPEALS BY APPLICANT:
The applicant has no requested appeals.
RECOMMENDATION:
Recommended for approval.
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 A SPECIFIC USE PERMIT FOR AN AUTO BODY & PAINT SHOP AND MAJOR AUTO REPAIR IN A LIGHT INDUSTRIAL (LI) DISTRICT, TO WIT: BEING PART OF LOTS 21 & 22, BLOCK B, DALWORTH PARK ADDITION, GRAND PRAIRIE, TEXAS, AND BEING ADDRESSED AS 2478 FORT WORTH STREET; 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, 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 an Auto Body Paint Shop AND Major Auto Repair in a Light Industrial (LI) District; and;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on July 11, 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 an Auto Body Paint Shop AND Major Auto Repair in a 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 6 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 an Auto Body Paint Shop AND Major Auto Repair in a 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 August 2, 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 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 1001 for the property being addressed as Suite 309, 2478 Fort Worth Street and as shown in attached Exhibit A - Location Map and as legally described as part of Lots 21 and 22, Block B, Dalworth Park Addition, Grand Prairie, Texas.
SECTION 2: STANDARDS AND CONDITIONS
For operations of a Specific Use Permit for an Auto Body Paint Shop AND Major Auto Repair in a Light Industrial (LI) District, 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 and Exhibit C - Operational Plan.
4. All operations shall maintain compliance with City Ordinance No. 7408, Automotive Related Business (ARB) regulations.
5. The occupancy of the suite shall be limited to a single (1) tenant.
6. Outside inspection, repair and/or service of vehicles are prohibited.
7. Auto sales are prohibited.
8. Salvaging of any kind is prohibited.
9. A paint booth shall be installed and operational prior to the issuance of a Certificate of Occupancy.
10. All loading and unloading of inoperable vehicles must be done on private property. No use of public rights-of-way for loading operations shall be permitted.
11. 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.
12. The business operator shall maintain a Service/Repair Ledger of every vehicle brought in for service or repair. The ledger shall be kept on-site and shall be made available for immediate viewing upon request by Code Enforcement or Police Department personnel during inspections or investigations. The ledger shall contain the following minimum information of all vehicles on the property:
a. Vehicle Identification Number, Make, Model and Year.
b. Date the vehicle brought in for service or repair.
c. Vehicle owner’s name and contact information.
d. Type of service or repair needed.
e. Estimated time to complete service or repair.
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 after City Council approval of this Specific Use Permit 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.
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 2nd of August, 2016.
ORDINANCE NO. 10109-2016
CASE NO. SU160701
SPECIFIC USE PERMIT NO. 1001