From
Chris Hartmann
Title
SU150602A - Specific Use Permit Renewal - 2305 Fort Worth Street (City Council District 1). Request for the indefinite request for the indefinite request for the indefinite renewal of Specific Use Permit No. 970 (Ordinance No. 9889-2015) permitting the operation of a Plumbing Contractor facility. The 0.703 acre property, addressed 2305 Fort Worth Street, is located at the southwest corner of Fort Worth Street and NW 23rd Street. The property is zoned Light Industrial (LI) District. The property is also located within Central Business District No. 1 (CBD-1). The applicant is Charles Burton.
(On November 7, 2016, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
PURPOSE OF REQUEST:
Renewal of specific use permit Ordinance No. 9889-2015 authorizing a plumbing contractor shop with limited outside storage on property located at 2422 NW Dallas Street.
ADJACENT ZONING:
North - PD-222 for Multi Family-Three (MF-3)
South- Light Industrial (LI) District; located within CBD 1
East- Single Family-Four (SF-4) - vacant lot
West- Light Industrial (LI) District; located within CBD 1, Single family home in LI at 2310 Doreen St.
BACKGROUND:
April 14, 2015: The Planning staff processed an application for the approval of a Specific Use Permit for Contractor shop with Outside Storage and a Site plan.
May 21, 2015: The Development Review Committee (DRC) meeting was held. Staff met with the applicant to discuss the proposal. The proposal was not cleared to move forward and staff recommended the case be tabled until the July hearing.
May 21, 2015: A legal notice was published in the Fort Worth Star Telegram of the upcoming public hearing.
June 1, 2015: This item was scheduled to be heard by the Planning and Zoning Commission. The Planning Commission voted to table the case to the next hearing in July.
June 16, 2015: City Council approved this property to be rezoned from a partial GR and LI zoning to a complete LI zoning.
June 25, 2015: The 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.
June 26, 2015: A legal notice was mailed to affected property owners of the upcoming public hearing.
July 6, 2015: The Planning and Zoning Commission recommended approval in a 9-0 decision.
July 14, 2015: The City Council approved Ordinance No. 9889-2015.
October 14, 2016: Staff noted that the property, while in compliance, was still under development.
PROPOSED USE AND CHARACTERISTICS
Operations:
Burton’s Mechanical, Inc. is proposing to use 2305 Fort Worth St as its base of operations. The existing 5,200sqft building will have a 2,600sqft expansion for to install new offices for 7 to 9 full time employees. The office will be used for account receivables, payroll, estimating, scheduling, and for project management of outside employees in the field. The exterior materials of the new addition will match the materials of the existing building, which complies with the requirements of the UDC.
The existing 5200sqft area of the building will be used for storage of tools and material and will employee 2 full time shop employees. The southern portion of the property will be used to store trucks, trailers, and earth moving equipment; such as a mini excavators and skid steers. This area will also be used for parking staff as well.
Parking and Access:
This business will be required to have 14 parking spaces for the office and warehouse storage uses. The applicant is proposing 24 parking spaces for employees, vehicle equipment storage and 2 handicapped spaces. The applicant’s proposal meets the requirements of the UDC
This site currently has 9 drive accesses around the property. Due to drive access spacing issues, the Transportation Department has required that the majority of these drive accesses be closed. Staff is supportive of leaving the 2 drive accesses on Fort Worth St, 1 drive access along N.W. 23rd St, and 1 drive access on Doreen St. The proposed closures and drive access can be seen on the submitted site plan.
Screening
When outside storage is within 40 ft of the ROW, the UDC requires a “Type 1”, masonry, screening wall. No required fence is permitted to be placed inside a required front yard setback, which is 25ft on this property to the south, and an effective 10ft build line along the east property line.
The applicant is proposing a wrought iron style fence with wood slats to screen and secure the vehicles. This fence is proposed to be located on the 10ft setback to the east and the applicant is requesting a 15ft setback along the southern property line, adjacent to Doreen St. A standard “Type 3” fence, wood fence with metal posts, will be constructed and the east property line.
The dumpster will comply with the minimum standards of the UDC.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The November 2010 Future Land Use Map (FLUM) shows this area appropriate for Light Industrial Uses. This request is consistent with the FLUM and would be in conformance with the comprehensive plan.
REQUESTED APPEALS AND EXCEPTIONS:
Outside Storage Appeal:
The applicant’s original request was for outside storage of materials. Staff notified the applicant that the Central Business District 1 (CBD 1) Overlay does not authorize outside storage and would not support the approval of outside storage. The applicant adjusted their operational plan to only include the outside storage of their vehicles and to clarify that they will store all materials and tools inside. Staff does not object to the limited vehicle storage. The vehicle storage will be limited by the amount of parking spaces the yard will hold.
Fence Exception:
The applicant is requesting an exception to the screening fence requirement of the UDC:
8.9.6 Required Screening Regulations for Outside Storage.
All outside storage shall require a screening fence in accordance with the following provisions.
A. All outside storage shall be required to be screened with a "Type 1" fence on property lines adjacent to any property which is zoned for single family detached, single family attached, two-family, and multi-family residential uses or for any outside storage area within 40 feet of street right-of-way line. All screening fences for outside storage must be setback a minimum of 25 feet from any street right-of-way line.
B. All outside storage shall be required to be screened with a "Type 3" fence on property lines adjacent to any other use except as provided in paragraph "A" above
The applicant stated within the submitted operational plan that they feel the proposed wrought iron style fence with wood slats provides a higher standard of fencing than the rest of the area. They desire to have more space to park vehicles and requests the fence be able to be located with a 15ft setback along Doreen St and a 10ft setback along NW 23rd St. Staff has no objections to this request.
RECOMMENDATION:
Staff recommends approval of the renewal of Ordinance No. 9876-2015 for a period of one (1) following the issuance of the final Certificate of Occupancy.
Body
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND MAP BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR THE RENEWAL OF A SPECIFIC USE PERMIT FOR A CONTRACTOR SHOP WITH LIMITED OUTSIDE STORAGE, TO WIT: BEING LOT 1-R, BLOCK 1, DALWORTH HILLS ADDITION REVISED, GRAND PRAIRIE, TARRANT 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, on July 14, 2015, the Grand Prairie City Council approved, via Ordinance No. 9889-2015 (Planning Case File No. SU150602/150604), a request for a Specific Use Permit for a Plumbing Contractor Ship with Limited Outside Storage; and
WHEREAS, said Ordinance requires a one (1) year review of the Specific Use Permit for a Plumbing Contractor Ship with Limited Outside Storage via a public hearing process to verify compliance with the approved development standards and all applicable codes; and
WHEREAS, staff has verified that the subject property, while in compliance with the approved development standards and applicable codes, is still under development; and
WHEREAS, staff recommends for the renewal of said Specific Use Permit for a Plumbing Contractor Ship with Limited Outside Storage for a period of one (1) year after the issuance of a final Certificate of Occupancy of said use to allow the facility to get up and running; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on November 7, 2016, following legal notice of such public hearing before the Planning and Zoning Commission had been published in the paper of record, for the proposed indefinite renewal of the Specific Use Permit for a Plumbing Contractor Ship with Limited Outside Storage, 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 9 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to grant the indefinite renewal of a Specific Use Permit for a Plumbing Contractor Ship with Limited Outside Storage; 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 7, 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 970A for the property addressed as 2305 Fort Worth Street, as shown in Exhibit B - Location Map and also being further described as being Lot 1-R, Block 1, Dalworth Hills Addition Revised, Grand Prairie, Tarrant County, Texas.
SECTION 2: Specific Use Permit
FOR OPERATION OF A CONTRACTOR SHOP WITH LIMITED OUTSIDE STORAGE
1. As outlined within the Operational Plan contained within the Specific Use Permit Application File No. SU150602/S150604, and as more specifically stated and codified herein, the development shall adhere to the following operational standards:
A. Site improvements and vehicle parking areas must conform to the approved site plan, labeled Exhibit A;
B. All operations shall be conducted entirely on-site. The public right-of-way shall not be utilized for business activities;
C. Outside storage shall be limited to the occupying business’s vehicles, only. Outside storage of materials or tools shall be prohibited. All vehicles must be parked within clearly marked parking stall, as shown on the approved site plan;
D. All vehicles must be screened by at least a Type 3 Fence, as defined by the UDC. A wrought iron style fence will wood slats may be used in lieu of the Type 3 Fence. Design standards must be approved by the Building Official. The fence shall be constructed as shown on the Site Plan, labeled Exhibit A, with a 10ft setback along 23rd St and a 15ft setback along Doreen St. The required fences shall be 8ft in height;
E. The drive access closures, as shown on the site plan labeled Exhibit A, shall be closed off and city approved curb and gutter shall be installed;
F. All operations shall maintain compliance with all federal, state, and local environmental regulations.
G. Must practice all best management practices listed in its storm water pollution prevention plan.
H. Must comply with any outstanding Development Review Committee comments for the Specific Use Permit found in File No. SU150602/S150604; and
2. A Site Plan mylar must be submitted to the planning department for review and approval. Future changes to the parking or expansions to this facility will require the submittal of a revised site plan for review and approval to the Planning Department.
SECTION 3: Compliance
All development must conform to the approved Development Plans, which are herein incorporated by reference.
1. By this Ordinance, this Specific Use Permit for a Plumbing Contractor Shop with Limited Outside Storage shall automatically terminate, in accordance with Section 5.4.1 of the Unified Development Code, 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 after the issuance of a final Certificate of Occupancy for said use 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. The operation of this Specific Use Permit 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 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.
SECTION 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 15th DAY OF NOVEMBER, 2016.
ORDINANCE NO. 10183-2016
CASE NO. SU150602A
SPECIFIC USE PERMIT NO. 970A