From
Chris Hartmann
Title
SU120404B - Specific Use Permit Renewal - 2502 Central Avenue (City Council District 5). Approval of a Specific Use Permit Renewal for an auto body shop with general auto repair on 1.026 acres. The subject property, zoned Commercial (C) District, is located at the northeast corner of Central Avenue and N.E. 25th Street. The subject property is located within the Central Business District-Four (CBD-4) Corridor Overlay District. The agent is Steve Keeton, Keeton Surveying and the owner is Vincente Duan. (On November 2, 2015, 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 Renewal for an auto body shop with general auto repair on 1.026 acres. The subject property, zoned Commercial (C) District, is located at the northeast corner of Central Avenue and N.E. 25th Street. The subject property is located within the Central Business District-Four (CBD-4) Corridor Overlay District. The agent is Steve Keeton, Keeton Surveying and the owner is Vincente Duan.
ADJACENT LAND USES AND ACCESS:
North - Vacant property zoned Two Family (2-F) District owned by the City that is currently used as athletic fields and playground.
South - Immediately south is Central Avenue, classified on the Master Transportation Plan (MTP) as a local two lane undivided (L2U) roadway. Across Central Avenue are properties zoned Planned Development 237 (PD-237) for Light Industrial uses.
East - Properties zoned for Commercial (C) District partially developed with automotive uses.
West - Immediately to the west is NE 25th Street, classified on the Master Transportation Plan (MTP) as a local two lane undivided (L2U) roadway. Across NE 25th Street are vacant properties zoned Planned Development 237 (PD-237) for Light Industrial uses. The area was previously used as part of Dallas NAS aircraft approach path.
PURPOSE OF REQUEST:
As required by Ordinance 9749-2014 for Specific Use Permit 886A the City Council shall conduct a public hearing six (6) months {written as one (1) year in the adopted ordinance) after City Council adoption of this 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:
As required, staff requested inspections of the property and operations by the Code Enforcement Division and the Environmental Services Department. The inspections conducted indicated that overall operations on the site have improved from last year, but that there continues to be a number of code violations.
The main problem last year was the fact that the auto body shops were painting without a paint booth. A paint booth has been permitted and added to the facility. Environmental Services is recommending approval. However, staff recommends that an additional SUP renewal be conducted in one (1) year to ensure continued compliance with the SUP conditions of approval.
RECOMMENDATION:
Staff recommends that an additional SUP renewal be conducted in one (1) year to ensure continued compliance with the SUP conditions of approval.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR THE PROPOSED RENEWAL OF SPECIFIC USE PERMIT NO. 886A FOR AN AUTO BODY SHOP WITH GENERAL AUTO REPAIR IN A COMMERCIAL (C) DISTRICT AND CENTRAL BUSINESS NO. 3 (CBD-3) DISTRICT, TO WIT: BEING, A 1.026 ACRE PARCEL OF LAND DESIGNATED AS LOTS 8 THROUGH 13, BLOCK C, WESTOVER PLACE REVISED ADDITION, GRAND PRAIRIE, DALLAS COUNTY, TEXAS, AND BEING ADDRESSED AS 2502 CENTRAL AVENUE, 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 an Auto Body Shop with General Auto Repair in a Commercial (C) District; and;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on April 2, 2012 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 Shop with General Auto Repair in a Commercial (C) 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 1 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 Shop with General Auto Repair in a Commercial (C) 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 April 17, 2012 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 886A for the property location as shown on Exhibit ‘A’ - Location Map and as legally described in Exhibit ‘F’ - Legal Description and as follows:
Being, a 1.026 acre parcel of land designated as Lots 8 through 13, Block C, Westover Place Revised Addition, Grand Prairie, Dallas County, Texas, and being addressed as 2502 Central Avenue, and as shown on the approved site plan labeled as Exhibit ‘C’, which is incorporated herein by reference.
SECTION 2.
Specific Use Permit
A. FOR OPERATION OF AN AUTO BODY SHOP WITH GENERAL AUTO REPAIR - Within a Commercial District.
All operations must be done in compliance with the approved site plan and operational plan as approved by City Council.
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.
Future expansion of the facility must be done by submitting a revised site plan for review and approval to the Planning Department.
Dumpster screening elevations and details must be shown on the approved site plan and location must be approved by city solid waste contractor.
Must maintain compliance with City Ordinance # 7408 Automotive Related Business regulations.
Operation of an auto body shop shall be conducted in accordance with the requirements of the 2003 International Fire Code (IFC) and the adopted amendments.
The storage and use of flammable and combustible liquids in repair garages shall comply with Chapter 34, IFC.
Cross connection devices may be required under the provisions of City Code Chapter 13 Article X depending on how water will be used in the facility. Any cross connection devices that are required must be shown on all plan submittals to building inspections. Provide the make model and location of the backflow preventer to be installed. This information is required during the first submission of building permits. Testing fees for backflow prevention devices must be paid prior to issuance of building permits.
The Environmental Services Department requires a sample point be installed on the sanitary sewer line. The location and a sample point detail must be shown on the building plans submitted for review with the application for a building permit. Structure and location should meet the requirements of the department.
All waste disposal services shall be contracted with Grand Prairie’s solid waste disposal contractor. Commercial-type refuse containers (dumpsters and roll-offs) shall be placed at a location arranged in advance with the city’s contractor. If materials are to be recycled, they shall not be co-mingled with trash. All property owners or facility owners shall contact Grand Prairie Disposal Company at (817) 261-8812 [city code 26-105(a)]. Mechanical garbage and trash compactors shall conform to city code sections 29-74 and 26-75. The general contractor shall be held responsible for ensuring compliance with these city codes.
No operations or activities may result in creation of a nuisance as defined in city code 29-68(12) to (29). Specifically, no building, road or construction activity may cause water to stand and result in mosquito harborage.
All noise created during the construction and subsequent operational activities conducted on the subject property must comply with City Code Chapter 13, Article XIII, Section’s 13-275 to 13-286. Construction must be limited the daytime hours between six o’clock a.m. and ten o’clock p.m. when constructing a building with 300 feet of a residence.
Grease and sand traps from automotive centers, service centers, and vehicle wash operations shall be connected to the sanitary sewer system [city code 26-41)]
All facilities must comply with current health and water quality standards before a certificate of occupancy can be issued. These issues will be addressed during the building review process.
All work related to the operation must be done indoors.
No washing shall be allowed on site without a covered car wash bay with sand and grit trap tied into the sanitary sewer as approved by the Environmental Services Department.
Must provide documentation that the operation is in compliance with Texas Commission of Environmental Quality Air authorization.
No parking shall be allowed on an unpaved surface. All new paving must shall be constructed with two inches (2”) of asphalt paving material on a stabilized sub grade surface with sufficient load bearing capacity to support the weight of a fire engine vehicle and associated apparatus. An Engineer’s certified report shall be required indicating conformance with this provision, with such letter to be filed with the Planning and Development Department.
No salvaging shall be allowed on site.
No auto sales shall be allowed on site.
All damaged vehicles must be screened from all public street rights-of-way.
Any welding or auto body painting activities must be performed in conformance with all required fire and health safety codes of the City of Grand Prairie as amended.
B. COMPLIANCE - All development must conform to the approved site plan labeled as Exhibit “C”, which is incorporated herein by reference.
1. The Specific Use Permit (SUP) shall automatically terminate in accordance with Section 5.4.1 of the Unified Development Code if no building permit is issued for “Auto Body Shop with General Auto Repair” 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 Specific Use Permit shall automatically terminate if no certificate of occupancy is issued for “Auto Body Shop with General Auto Repair” within six (6) months after the issuance of a building permit.
a. If a building permit is not required for an “Auto Body Shop with General Auto Repair”, the Specific Use Permit shall automatically terminate if no certificate of occupancy is issued for “Auto Body Shop with General Auto Repair” within six (6) months after City Council adoption of this Ordinance.
3. Furthermore, by this SUP Ordinance, the City Council shall conduct a public hearing two (2) years after City Council adoption of this 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 with other applicable regulatory requirements administered and/or enforced by the state and federal government.
4. Addendum: As required by Ordinance No. 9358-2012, establishing Specific Use Permit No. 886, the City Council reviewed the request for the renewal of an automotive related Specific Use Permit for Case No. SU120404. On September 2, 2014, the City Council voted 9 to 0 to renew Specific Use Permit No. 886A with the added stipulation that the City Council shall conduct a public hearing one (1) year after City Council adoption of this Ordinance to confirm continued compliance with all the 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.
5. Addendum: As required by Ordinance No. 9749-2014, establishing Specific Use Permit No. 886A, the City Council reviewed the request for the renewal of an automotive related Specific Use Permit for Case No. SU120404. On November 17, 2015, the City Council voted 9 to 0 to renew Specific Use Permit No. 886A with the added stipulations that the City Council shall conduct a public hearing one (1) year after City Council adoption of this Ordinance to confirm continued compliance with all the 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 and that the property owner shall provide staff with an updated Operational Plan within 30 days of the Planning and Zoning Commission public hearing held on November 2, 2015.
SECTION 3.
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 4.
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 5
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 17th DaY of November, 2015.
ORDINANCE NO. 9972-2015
SPECIFIC USE PERMIT NO. 886B
CASE NO. SU120404B