From
Chris Hartmann
Title
SU161003 - Specific Use Permit - Universal Service (City Council District 5). Approve a Specific Use Permit to operate an Auto Wrecker Service/Service Station on one lot on 0.35 acre. The existing former service station is zoned General Retail (GR) District. The 0.35 acre lot and is generally located at the southeast corner of E. Jefferson Street and S. 12th Street. More specifically 1205 E. Jefferson Street and lies within the Central Business District Corridor (CBD), Section No. 3. The agent is Michael Stanley, EmJay Consult Group and the applicant is Jose Zamarippa. (On October 3, 2016, the Planning and Zoning Commission recommended approval of this request by a vote of 7-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
SUMMARY:
Consider a request for approval of a Specific Use Permit for operation of an Auto Wrecker Service/Service Station uses in a former service station site. The subject site is located at 1205 E. Jefferson Street. The 0.353 acre property is zoned General Retail (GR) and is located within the Central Business Overlay District, Central Business District No. 3 (CBD 3). This property is generally located southeast corner of E. Jefferson St. and S.E. 12th St. The property is located in City Council District #5.
ADJACENT LAND USES AND ACCESS:
North - The property directly north is an undeveloped tract zoned Commercial (C) District, (E. Jefferson Street) a major artery thoroughfare and immediately to the north of Jefferson Street is Commercial zoned railroad rights-of- way property.
South - Properties to the south, across the existing alley are zoned Two Family-2 (2F) District and being used for single family detached uses.
East - The property directly east is zoned General Retail (GR) District and being used for professional air conditioning contractor services.
West - Property to the west and across S.E. 12th Street, are zoned General Retail (GR) District and being used for retail purposes. (Honeydew Convenience Store with gasoline pumps)
PURPOSE OF REQUEST:
Jose Zamarripa, the applicant and local mechanic, seeks City Council approval of a specific use permit application in order obtain authorization to operate Auto Wrecker Service/Service Station on 0.353-acres. This type of use requires specific use permit approval from City Council when the use is located within the General Retail (GR) District.
CHARACTERISTICS AND FUNCTION:
Dating back to the mid-1950s, the existing service station has been used for automobile repair uses, (Permit No. 3920 March 8, 1954). The building has remained vacant for approximately four years and the applicant is seeking to re-purpose the facility for similar auto-related uses. Wrecker Service uses require SUP review in GR zoned districts assuring certain safeguards be placed due to the potential spillover impacts associated with such uses. The former service station is located on the southeast corner of a major arterial roadway (E. Jefferson Street) and a collector street (S.E. 12th Street). Properties along E. Jefferson have since remained commercial, retail and service uses.
Dave’s Towing & Wrecker Service provides towing, transport, and vehicular relocation services within the City of Grand Prairie. However the applicant seeks to either contract with Dave’s Towing and/or provide local towing services and general automobile repair to the local community. No vehicle storage (Auto Holding) nor (Auto Salvage) shall be allowed on the property.
As stated previously this proposal is to repurpose the 0.353 acre property, utilizing the 1,200 square foot single story auto shop. No significant changes are proposed to the exterior of the building. The building has two existing service bays that will be used to perform general auto repair. The front canopy area will be used for customer parking with additional employee & customer parking at the rear of property, which will be paved with concrete in conformance with City standards. The fence (*) and large rear yard, where business activities are limited to parking, provides a buffer area from the existing single family residential uses to the south of the alley. In addition, mature 10’ vegetation (Red tip Photinias) provide for a living screen that are located along the southern property boundary. (*)A six-foot wooden fence is proposed to be constructed along the southern boundary as well.
Use:
The request is for local auto transport and general auto repair. The request is for a single tenant user. The applicant intends to utilize his auto mechanical trade skills to offer tow and repair services to the general public. It is anticipated the applicant will pursue contract towing opportunities with the existing local towing service (Dave’s Towing)
General auto repair service will include those services associated with replacing minor components that may cause a vehicle to be inoperable such as battery, starter, alternator, flat tires, etc. General Auto Repair does not permit any major repair be done at this facility.
The facility is being setup to accommodate for the use and parking of up to two (2) small (pick-up) style wreckers. In addition, twelve (12) 9-ft. X 18-ft. customer parking spaces and one accessible space are being provided, as well as a 12-ft. X 12-ft. masonry dumpster enclosure and six-foot fence/gate to secure the 4,500 sq. ft. rear area on the lot.
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 Saturday between 9:00 AM and 7:00 PM.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The subject property is designated as appropriate for Commercial uses on the Future Land Use Map (FLUM). The proposal is consistent with the FLUM.
REQUESTED APPEALS BY OWNER/APPLICANT:
1. Wood Fence - the applicant is requesting a Type 3 (wooden) six-foot fence be constructed along the rear of the property in lieu of required Type 1 (masonry) fence when commercial properties abut residential zoning districts. A living screen (approximately 10’ tall shrubbery) and an existing alley separate the properties from the existing single family residential uses to the south.
2. Noise Study - the applicant is requesting that the requirement for a Noise Study by the Environmental Services Department be waived until such time there is a complaint or other noise related issue arises.
3. Access Driveway Width Reduction - following P & Z action, the applicant is now further requesting relief of the staff recommended requirement to reduce the width of the existing driveways.
RECOMMENDATION:
The Development Review Committee recommends approval of the request, but is not supportive of the requested appeals.
UPDATE:
On October 3, 2016, the Planning and Zoning Commission unanimously (7-0) recommned approval of the request with the following conditions:
1. A six (6) foot tall stained cedar wood fence shall be installed along the entire southern boundary and rear parking area of the subject property. The fence shall be constructed with metal posts that are set in concrete. The fence shall be kept in good repair.
2. The noise study recommended to performed by staff prior to operation of the facility is hereby waived.
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 WRECKER SERVICE/SERVICE STATION IN A GENERAL RETAIL (GR) DISTRICT, TO WIT: BEING LOTS 1-4, BLOCK B, AVACION PARQUE ADDITION, GRAND PRAIRIE, TEXAS, AND BEING ADDRESSED AS 1205 E. JEFFERSON 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, 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 Wrecker Service/Service Station in a General Retail (GR) District; and;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on October 3, 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 Wrecker Service/Service Station in a General Retail (GR) 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 7 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 Wrecker/Service Station in a General Retail (GR) District; 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 October 11, 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, the October 11, 2016 public hearing was postponed and rescheduled 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 November 1, 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; 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 11TH DAY OF OCTOBER, 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 1, 2016, as amended, is hereby further amended so as to establish a Specific Use Permit numbered 1009 for the property being addressed as 1205 E. Jefferson Street and as shown in attached Exhibit A - Location Map and as legally described as Lots 1-4, Block B, Avacion Parque Addition, Grand Prairie, Texas.
SECTION 2: STANDARDS AND CONDITIONS
For operations of a Specific Use Permit for an Auto Wrecker Service/Service Station in a General Retail (GR) 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 General Retail (GR) 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:
a. Screening Fence - In lieu of the required Type-One masonry screening fence required along the southern boundary of the subject property, an eight (8) foot tall stained wood fence shall be installed along the entire southern boundary and a six (6) foot tall stained wood fence shall be installed around the balance of the rear parking area of the subject property. The fence shall extend fully to grade and shall be constructed with metal posts that are set in concrete. The fence shall be kept in good repair.
b. Noise Study - The noise study recommended to be performed by staff prior to operation of the facility is hereby waived.
c. Access Driveway Width Reduction - The requirement to reduce the width of the existing driveways from both E. Jefferson Street and S. E. 12th Street by installing new curbing is hereby waived.
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. Hours of operation are limited from 7:00 AM to 7:00 PM.
7. During the construction phase of the proposed development, no construction activities, including the setting of concrete form boards and the pouring of concrete, shall occur after 6:00 PM or prior to 7:00 AM.
8. Outside inspection, repair and/or service of vehicles are prohibited.
9. Auto sales are prohibited.
10. Salvaging of any kind is prohibited.
11. Towing Operational Standards:
a. A maximum of two (2) pick-up style trucks fashioned with winch equipment are permissible. Larger/heavy duty tow vehicles are not permitted.
b. No vehicles shall be towed to the subject property after hours (7:00 PM to 7:00 AM).
c. No body damaged vehicles shall be towed to the property.
d. No vehicle, other than those brought to the property for on-site mechanical repair, shall be towed to the property.
12. Inoperative vehicle holding yard uses are prohibited.
a. As this is a mechanical shop only, body damaged vehicles shall not be parked, stored or otherwise be located the property. This shall not preclude vehicles that are brought to the site for mechanical repair with light body damage that otherwise would not impede or prohibit the operation of said vehicle.
b. Non-body damaged vehicles brought in for mechanical repair that are parked inside the enclosed fence shall not be deemed inoperative, provided said vehicle is in line for service and/or the shop is waiting for a part necessary to finish repair. In no case shall said vehicle be “in-line” or “waiting for a part” longer than one (1) week.
13. 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.
14. 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.
15. The use of the public rights-of-way for loading or unloading of vehicles from car haulers or trailers is prohibited.
16. 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.
17. The tenant or 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 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 1st DAY of November, 2016.
ORDINANCE NO. 10173-2016
CASE NO. SU161003
SPECIFIC USE PERMIT NO. 1009