From
Chris Hartmann
Title
SU151004E - Specific Use Permit Renewal or Revocation 987D- 309 SE 14th Street (City Council District 5). Specific Use Permit renewal or revocation of Major Auto Repair and Auto Body and Paint Uses in the Commercial District. The property is located on Lots 5, 6, 7 & the north 1/2 of Lot 8, Penman Addition, City of Grand Prairie, Dallas County, Texas, zoned C - Commercial District in the Central Business District no. 3 Overlay and located at 309 SE 14th Street. The owner is Vincent Duan. (On July 1, 2019, the Planning and Zoning Commission recommended revocation of this request by a vote of 7-0).
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Revoke
Analysis
SUMMARY:
Consider the request for the renewal or revocation of Specific Use Permit 978 for Major Auto Repair and Auto Body and Paint Uses in the Commercial District. The 0.3-acre property, located at 309 SE 14th Street, is zoned C, Commercial District.
ADJACENT LAND USES:
The following table summarizes the zoning designation and existing use for the surrounding properties.
|
Table 1: Zoning and Land Use |
|
Direction |
Zoning |
Existing Use |
|
North |
C |
Retail, Commercial & Office Uses |
|
East |
City Limits |
Dallas City Limits |
|
South |
C |
Commercial & General Retail Uses |
|
West |
2F |
Single Family-Two Residential |
HISTORY:
Below is the extended timeline for this Specific Use Permit:
• October 13, 2015 - SU151004 - SUP granted for Major Auto Repair and Auto Body and Paint in C, Commercial district with no outside repair.
• April 7, 2016 - Initial inspection, CE went over SUP regs. Tenant was originally at 2502 Central without Certificate of Occupancy.
• April 28, 2016 - Certificate of Occupancy issued to Lee’s Used Auto Parts Distributors for Used Auto Parts Sales, Auto Engine Repair & Paint & Body Repair.
• June, 21 2016 - Six month renewal inspection, Issues noted by CE regarding cars parked in unmarked spaces and in drive aisle, outside storage,
• June 21, 2016 - SU151004A - six month extension granted noting lack of compliance with approved development standards and requiring further public hearing in 90 days.
• November 22, 2016 - Certificate of Occupancy issued to DH Tire N Towing for Automotive Engine & Body Repair; Tire Sales and Installation, Oil Change and Lube, Brake Repair, State Inspection.
• January 10, 2017 - SU151004B - 1 year extension granted by City Council
• August 15, 2017 - Zoning Inspection, CE and ES observed vehicles stored in drive aisles, vehicle ledger not maintained, outside storage of tires. Citation issued on site.
• August 22, 2017 - Business and property owner were informed that Tire Sales and Installation require a separate SUP and were not covered under the existing SUP.
• Staff stated that they would be in favor of an SUP for Tire Sales if the Major Auto Repair and Body and Paint SUP was abandoned on the property.
• Business owner stated he is only in business to sell tires and do minor auto repair and would be willing to abandon the Major Repair.
• Property owner applied to keep the Major Repair and Body uses and to add Tire Sales and Installation.
• October 2, 2017 - SU151004C - Planning and Zoning Commission recommended approval of Tire Sales and Install with Indoor Display Only. Recommendation included restriction of business operation to Tires only or Major Auto Repair and/or Body and Paint only, with no simultaneous operation of uses, and that any of the uses would be forfeit within 6 months of Council action, if no Certificate of Occupancy was obtained.
• October 3, 2017 - Code Enforcement conducted additional inspection and found evidence of outside repair.
• October 4, 2017 - Business was observed conducting outside repair in front of the building.
• The previous ordinance was approved on December 11, 2018.
STATUS:
As required by Ordinance No. 10578-2018, staff requested inspections of the property and operations by the Code Enforcement Division and the Environmental Services Department. The inspections conducted indicated that there are numerous violations that span multiple years and are not improving significantly.
The violations as noted by Code Compliance are as follows:
- Failure to comply with the SUP / parking inoperable vehicles and storage in the front designated parking spaces.
- A second observance of this violation was documented by staff on July 1, 2019.
As per Section 3 of Ordinance No. 10574-2018:
Should any inspection performed at any time within the renewal period, determine that the property or operation thereupon is not in compliance with all applicable codes which shall include, but not be limited to, all 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, staff may refer the SUP back to the City Council for consideration of revoking the Specific Use Permit authorized by Ordinance No. 10426-2018;
Notice of this revocation hearing was published in the Fort Worth Star-Telegram on June 20th and June 30th, 2019.
RECOMMENDATION:
Due to the numerous and repeated violations and conditions listed in the ordinance, staff recommends the revocation of the Specific Use Permit No. 978 and Ordinance No. 10574-2018.
At its July 1, 2019 meeting, the Planning and Zoning Commission voted 7-0 to recommend that Specific Use Permit No. 978 be revoked.
Body
AN ORDINANCE REVOKING SPECIFIC USE PERMIT 978, MAJOR AUTO REPAIR AND AUTO BODY AND PAINT USES, TO WIT: BEING LOTS 5, 6, 7 AND NORTH ½ OF LOT 8, BLOCK C, PENMAN ADDITION, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS; 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 October 13, 2015, the Grand Prairie City Council did approve, via Ordinance No. 9954-2015 (Planning Case File No. SU151004) the Specific Use Permit 978 on the condition that the City Council conduct a public hearing six (6) months AND 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;
WHEREAS, on June 21, 2016, the Grand Prairie City Council did approve the renewal, via Ordinance No. 10086-2016 (Planning Case File No. SU151004A), of Ordinance No. 9954-2015 authorizing a Specific Use Permit for Major Auto Repair and Auto Body and Paint Uses; and
WHEREAS, said approval, being Ordinance No. 10086-2016 stipulated that the Grand Prairie City Council shall conduct a public hearing in ninety (90) days after approval of said Ordinance to confirm continued compliance with adopted development standards and all applicable codes; and
WHEREAS, on January 10, 2017, the Grand Prairie City Council did approve the renewal, via Ordinance No. 10214-2017 (Planning Case File No. SU151004B), of Ordinance No. 9954-2015 authorizing a Specific Use Permit for Major Auto Repair and Auto Body and Paint Uses; and
WHEREAS, said approval, being Ordinance No. 10214-2017 stipulated that the Grand Prairie City Council shall conduct a public hearing in one (1) year, if the property owner(s)/tenant(s) have any unresolved code enforcement violations or other unresolved issues related to full compliance of this specific use permit, following 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; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on January 8, 2018, following legal notice of such public hearing before the Planning and Zoning Commission had been published in the paper of record, for the proposed renewal of the existing Specific Use Permit for Major Auto Repair and Auto Body and Paint Uses, 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 a Specific Use Permit for Major Auto Repair and Auto Body and Paint uses not be renewed on the subject property; 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 PM on January 23, 2018 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 City Council of the City of Grand Prairie, Texas voted 9 to 0 that the Specific Use Permit be extended for a period not to exceed six (6) months from the date of approval;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on December 3, 2018, following legal notice of such public hearing before the Planning and Zoning Commission had been published in the paper of record, for the proposed renewal of the existing Specific Use Permit for Major Auto Repair and Auto Body and Paint Uses, 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 7 to 0 to recommend to the City Council of Grand Prairie, Texas, that the existing Specific Use Permit for Major Auto Repair and Auto Body and Paint uses to be extended three (3) months from the date of approval;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on July 1, 2019, following legal notice of such public hearing before the Planning and Zoning Commission had been published in the paper of record, for the proposed revocation of the existing Specific Use Permit for Major Auto Repair and Auto Body and Paint Uses, 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 7 to 0 to recommend to the City Council of Grand Prairie, Texas, that a Specific Use Permit for Major Auto Repair and Auto Body and Paint uses be revoked on the subject property; 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 PM on July 16, 2019 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 nature of the violations committed on the property by the holder of the Specific Use Permit or his or her lessee, does consider and find that this Ordinance should be enacted since its provisions are in the public interest and will promote the health, safety and welfare of the community; and
WHEREAS, the City Council of the City of Grand Prairie, Texas voted to revoke the Specific Use Permit allowing for Major Auto Repair and Auto Body and Paint uses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1
THAT, the holder of the Specific Use Permit committed violations of the Specific Use Permit and the Code of Ordinances, to wit:
- On June 26, 2019, Inoperable vehicles in front parking spaces in violation of SUP Sec. 2.3, Ordinance 10574-2018.
- On July 6, 2019, More than two (2) inoperable vehicles in violation of Automotive Related Business Ordinance 7408, Sec. II.5-F.
- On July 6, 2019, More than eight (8) vehicles stored outside in the rear portion of the property not in clearly marked spaces, in violation of SUP Sec. 2.2. and Sec. 2.4, Ordinance 10574-2018.
- On July 6, 2019, Outside repair of vehicles, in violation of Automotive Related Business Ordinance 7408, Sec. II.5-F.
- On July 6, 2019, Outside storage of vehicle parts, in violation of Automotive Related Business Ordinance 7408, Sec. II.5-F.
- On July 6, 2019, Obstruction of access aisle, in violation of SUP Sec. 2.2., Ordinance 10574-2018.
SECTION 2
THAT, Specific Use Permit 978 is hereby revoked, and that all uses authorized therein be immediately terminated and the Certificate of Occupancy surrendered to the City of Grand Prairie.
SECTION 3
THAT, 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
THAT, 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 the 16th of July, 2018.
ORDINANCE NO. 10667-2019
SPECIFIC USE PERMIT NO. 978E
CASE NO. SU151004E