From
Chris Hartmann
Title
SU141103A - Specific Use Permit Renewal - 301 N Belt Line Road (City Council District 5). Renewal of a Specific Use Permit for Quick Lube and Tune services and Tire Sales and Installation within a General Retail (GR) District. The subject site is located at 301 N. Belt Line Rd at the northwest corner of Small Hill St. and N. Belt Line. The agent is Joel Downs, Texas Horse Stalls and the owner is Mohammad Ghanim, Belal Investment, Inc. (On April 4, 2016, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approval
Analysis
SUMMARY:
Consider a request for the renewal of a Specific Use Permit for Quick Lube and Tune services and Tire Sales and Installation within a General Retail (GR) District. The subject site is located at 301 N. Belt Line Rd at the northwest corner of Small Hill St. and N. Belt Line. The agent is Joel Downs, Texas Horse Stalls and the owner is Mohammad Ghanim, Belal Investment, Inc.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Land Use |
|
North |
GR |
City of Grand Prairie - Water Utilities |
|
East |
GR |
Grand Prairie Baptist |
|
West |
GR |
City of Grand Prairie - Water Utilities |
|
South |
GR, CBD 2 |
Restaurant/Schlotzsky’s Deli |
PURPOSE OF REQUEST:
As required by Ordinance 9803-2014 for Specific Use Permit 945 the City Council shall conduct a public hearing one (1) year following the adoption of said 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 and/or enforced by the state and federal government.
STATUS:
Staff conducted inspection of the property and determined that the property is not in compliance with the conditions outlined within Ordinance 9803-2014. One of the major elements of this ordinance was a proposal by the owner of the subject property to construct additional parking and to construct an addition to the existing service facility to provide for more onsite parking and additional space for the service of vehicles. The owner was issued a building permit on January 21, 2016, but to date construction has not started.
The following are comments provided by Environmental Services and Code Enforcement.
1. Environmental Service Comments: Car Zone Tires and Wheels (301 N. Beltline Rd) - After speaking with Echo, issued a citation for improper vehicle discharges to the ground, and issued NOV for not cleaning up spills immediately, and for outside storages of (10+) tires w/out rims (all three violations have been noted in previous inspections in 2015 & 2012). During inspection we saw an antifreeze spill running down the driveway from the main bay, and noted several other old and new spills and vehicle fluid discharges from inoperable vehicles. I let him know his SUP renewal is pending clean-up, and I will re-inspect in 7 days (that’s the soonest I can get back there due to my training schedule next week)
2. Code Enforcement Comments:
a. There has been no additions to the building for the additional use. Closures of the drive approaches noted in the conditions have not been started.
b. Citation 11/24/15 C/O non-compliance violations for parking on non-approved surface, inoperable vehicle storage, outside repairs
c. Written Notice 7/15/15 for outside storage, outside repairs, heavy repairs, inoperable vehicles, parking on non-approved surface
d. Verbal notice 5/20/15 for outside accumulation of parts and debris
e. Citation 4/29/15 for improper discharge
f. Citation 3/10/15-excessive Inoperable vehicles
g. Violation Notice 3/10/15 outside repair, storing salvage parts, excess outside display
RECOMMENDATION:
Staff recommends that Specific Use Permit 945 be renewed for six (6) month subject to Section 4 of Article 5: Specific Uses of the Unified Development Code.
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 QUICK LUBE AND TUNE SERVICES AND AUTO TIRE SALES AND INSTALLATION, TO WIT: BEING A TRACT OF LAND LOCATED IN THE CHARLES CAMPBELL SURVEY, ABSTRACT No. 376, GRAND PRAIRIE, DALLAS COUNTY, TEXAS (SEE EXHIBIT “A” FOR COMPLETE LEGAL DESCRIPTION), 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, on December 9, 2014, the City Council approved, via case number SU141103 and Ordinance No. 9803-2014, a request for a Specific Use Permit for Quick Lube and Tune Services and Auto Tire Sales and Installation within a General Retail (GR) District; and
WHEREAS, city staff initiated the required one (1) year review by the Planning Commission and City Council of the Specific Use Permit for Quick Lube and Tune Services and Auto Tire Sales and Installation within a General Retail (GR) District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on April 4, 2016, after a legal notice of such public hearing before the Planning and Zoning Commission on the proposed renewal of the Specific Use Permit for Quick Lube and Tune Services and Auto Tire Sales and Installation within a General Retail (GR) District had been published in the paper of record, said Notice having been given not less than ten (10) days before the date set for hearing; 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 renew the Specific Use Permit for Quick Lube and Tune Services and Auto Tire Sales and Installation within a General Retail (GR) District for a period of four (4) months; 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 April 19, 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 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 945A for the property location described as follows:
301 N. Belt Line Road, the legal description as shown in Exhibit “A”.
SECTION II: Definitions
Auto Tire Sales and Installation: Means the retail sales and indoor installation of tires, wheels, and typically includes wheel balancing, alignment and repair of previously installed tires or wheels.
Minor Auto Repairs: Means a maintenance, repair, or replacement procedure, which may include, but not be limited to, the repair or replacement of the following mechanical components: alternator, generator, starter, water pump, battery, change of oil and filter, fan belt or hoses, lamp replacement, repair of flat tires, brakes or other minor part thereof, distributor cap, rotor, or spark plug.
Quick Lube and Tune Services: Means a business or facility where the principal use is changing oil, lubrication, and minor auto repair. This may also include state vehicle inspections and minor repairs necessary to pass the state requirements. (See Minor Auto Repairs)
SECTION III: Specific Use Permit
FOR OPERATION OF A SPECIFIC USE PERMIT FOR QUICK LUBE AND TUNE SERVICES AND AUTO TIRE SALES AND INSTALLATION WITHIN A GENERAL RETAIL (GR) DISTRICT:
1. The development shall conform to the City Council approved Site Plan: Exhibit B - Site Plan/Dimensional Control Plan, Exhibit C - Building Elevations, and Exhibit D - Site/Parking Areas & Landscape Plan.
2. As outlined within the submitted Operational Plan contained within the Specific Use Permit Application File No. SU141103, and as more specifically stated and codified herein, the development shall adhere to the following operational standards:
a. All operations shall be conducted entirely on-site. The public right-of-way shall not be used for maneuvering of customer vehicles;
b. The existing drive accesses nearest to the Belt Line Rd/Small Hill St intersection shall be closed as shown in the approved site plan, Exhibit B;
c. The existing drive access along Small Hill St, nearest to the west property line shall be closed as shown in the approved site plan, Exhibit B;
d. All vehicle work shall be done indoors;
e. Outside displays shall be limited to an area not to exceed 40sqft and in no case shall the outdoor displays be placed more than 10ft away from the primary building’s outside wall.
f. All vehicles shall be parked on city approved surfaces.
g. Parking or storage of inoperable vehicles, as defined by the Unified Development Code (UDC), shall be prohibited.
3. All operations shall maintain compliance with all federal, state and local regulations;
4. All operations shall maintain compliance with City Ordinance No. 7408 Automotive Related Business (ARB) regulations;
5. All operations shall practice all best management practices listed in its storm water pollution prevention plan;
6. A Texas Commission of Environmental Quality (TCEQ) closure report for removal of underground storage tanks are required and shall be submitted to Environmental Services before approval of any building permit;
7. Before any permit is issued, an official plat shall be filed with the county;
8. Future expansions to this facility will require the submittal of a revised site plan for review and approval to the Planning Department.
SECTION IV: Compliance
All development must conform to the approved Development Plans, which are herein incorporated by reference.
1. In accordance with Section 5.4.1 of Article 5 of the Unified Development Code, this Specific Use Permit shall automatically terminate upon cessation of the use for a period of six (6) months.
2. Notwithstanding the above noted four (4) month renewal recommendation of the Planning & Zoning Commission, the City Council hereby directs by this SUP Ordinance that the City Council shall conduct a public hearing in six (6) months to reaffirm 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 V.
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 VI.
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION VII.
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 Day of APRIL, 2016.
Ordinance no. 10031-2016
Case No. SU141103A
Specific Use permit no. 945A