From
Chris Hartmann
Title
SU141102 - Specific Use Permit - 632 E. Pioneer Parkway (City Council District 3). Approval of a specific use permit and site plan to operate a general automotive repair garage. The 0.86-acre property, zoned General Retail (GR) district, is located at 632 E. Pioneer Parkway. The applicant is Alaa Hufaila. (On November 3, 2014, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0.)
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
SUMMARY:
Consider a request for the approval of a specific use permit to operate a general automotive repair garage. The 0.86-acre property, zoned General Retail (GR) district, is located at 632 E. Pioneer Pkwy.
ADJACENT LAND USES AND ACCESS:
Direction |
Zoning |
Existing Use |
North |
PD 201 |
Single Family Detached Residences |
South |
GR |
Undeveloped |
East |
GR |
Retail/Office Building |
West |
Commercial Office (CO) |
Automotive Repair Business |
PURPOSE OF REQUEST:
The purpose of this request is to operate an automobile related business that performs state inspections and other minor automotive repair services; such as: oil changes, muffler repair and replacement, brake servicing, and tire sales. The request does not include any physical changes to the site. The existing specific use permit on the site permits vehicle inspections but it does not permit minor automobile repair or tire sales. The applicant wishes to amend the specific use permit to allow the additional uses.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
Access to the site is gained through on-site driveways to Pioneer Parkway and Lakeview Drive. There are 13 existing parking spaces, a trash enclosure, and an area fenced with chain link. The existing concrete masonry building is approximately 2,000 square feet and has two bay doors.
BACKGROUND:
On May 18, 2004, the City Council approved a specific use permit and site plan to operate a vehicle inspection station at the subject site.
On September 16, 2014, the applicant submitted an application to amend the existing specific use permit to operate a vehicle inspection station, minor automobile repair garage with tire sales.
On October 23, 2014, a Development Review Committee (DRC) meeting was held. Staff met with the applicant to discuss the proposal. The proposal was cleared to move forward subject to conditions found in the recommendation section of this report.
On October 24, 2014, legal notice was mailed to affected property owners and notice of the upcoming public hearing was published in the Fort Worth Star Telegram.
On November 3, 2014, the item is scheduled to be heard by the Planning and Zoning Commission.
On November 18, 2014, the item is scheduled to be heard by the City Council.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map (FLUM) of the 2010 Comprehensive Plan designates this area for Commercial Retail Office (CRO) uses. The FLUM indicates the GR zoning category is compatible with the CRO designation. This proposal is consistent with the FLUM.
ZONING REQUIREMENTS
The site is developed with an existing vehicle inspection garage. The applicant does not propose to construct any structures or make any improvements to the site. The purpose of the request is to amend the specific use permit to allow the additional services; specifically, minor automobile repair, and tire sales. The site plan was approved by City Council in 2004 and is not being further evaluated with this proposal.
REQUESTED APPEALS BY APPLICANT:
No appeals have been requested as part of this proposal.
RECOMMENDATION:
The Development Review Committee recommended approval of the vehicle inspection, minor automotive repair garage, and tire sales uses subject to the recommendations of the Development Review Committee.
Body
AN ORDINANCE AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR A PROPOSED SPECIFIC USE PERMIT FOR A STATE VEHICLE INSPECTION STATION AND MINOR AUTOMOTIVE REPAIR GARAGE WITH TIRE SALES IN A GENERAL RETAIL (GR) DISTRICT, TO WIT: BEING LOT 7, BLOCK B, OF THE DENARD ADDITION, GRAND PRAIRIE, DALLAS 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 to a Specific Use Permit for a State Vehicle Inspection Station and Minor Automotive Repair Garage with Tire Sales 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 November 3, 2014, 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 a State Vehicle Inspection Station and Minor Automotive Repair Garage with Tire Sales 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 8 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 a State Vehicle Inspection Station and a Minor Automotive Repair Garage with Tire Sales in a General Retail (GR) 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 November 18, 2014, 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 735A for the property location described as follows:
The location being described as Lot 7, Block B, of the Dennard Addition, Grand Prairie, Dallas County, Texas, and being addressed as 632 E Pioneer Parkway, and as shown on the approved site plan labeled as Exhibit 'A', which is incorporated by reference.
SECTION II.
Specific Use Permit
FOR OPERATION OF A STATE VEHICLE INSPECTION STATION AND MINOR AUTOMOTIVE REPAIR GARAGE WITH TIRE SALES - Within a General Retail District; the following conditions are hereby established as part of this ordinance:
-
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- The State Vehicle Inspection Station and Minor Automotive Repair Garage with Tire Sales shall be in substantial conformance with the Site Plan Package, attached hereto as Exhibit "A".
- 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
- The Certificate of Occupancy shall note the existence of this Specific Use Permit by its SUP number and title.
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- 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.
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- Development of the site shall include all required engineering plans related to water, sewer paving and drainage improvements.
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- Operations for the state vehicle inspection station and minor automotive repair garage with tire sales use shall be in conformance with all pertinent requirements of the State of Texas and the Environmental Services Department of the City of Grand Prairie.
- There shall be no outside display of merchandise permitted on the site.
- SECTION III.
- Compliance
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- All development must conform to the approved site plan labeled as Exhibit 'A', which is incorporated by reference.
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- 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 a State Vehicle Inspection Station and Minor Automotive Repair Garage with Tire Sales in a General Retail District; 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.
- 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.
- 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.
- 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.
SECTION IV.
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 V.
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION VI.
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 18th of November, 2014.
Ordinance No. 9799-2014
Specific Use Permit No. 735A
Case No. SU141102