From
Chris Hartmann
Title
SU190404 - Specific Use Permit - Batch Plant, 2400 W. Hunter Ferrell Road (City Council District 1). Specific Use Permit to operate a permanent concrete batch plant. Property described as 13.611 acres out of the Israel Jennings survey, abstract no. 679, City of Grand Prairie, Dallas County, Texas, approximately 13.611 acres zoned LI, Light Industrial and addressed as 2400 W Hunter Ferrell Road, Grand Prairie, Texas. The applicant is Maria Bonilla, Winkelmann and the owner is Gary Gilmore, Hunter Ferrell Land LP. (On May 6, 2019, the Planning and Zoning Commission denied this request by a vote of 8-0).
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Deny
Analysis
SUMMARY:
Specific Use Permit for construction and operation of a permanent concrete batch plant. The 13.611-acre property is located at 2400 W Hunter Ferrell Rd and is zoned Light Industrial (LI) district.
ADJACENT LAND USES AND ACCESS:
The following table summarizes the zoning designation and existing use for the surrounding properties.
|
Table 1: Adjacent Zoning and Land Uses |
|
Direction |
Zoning |
Existing Use |
|
North |
City of Irving |
Residential Uses |
|
South |
LI |
Floodplain and Floodway |
|
East |
LI |
Excavation Contractor |
|
West |
LI |
Parking and Pavilion for Lone Star Trail; Lone Star Park |
SITE HISTORY:
Permit issued for operation of a temporary batch plant by Haydon Building Corporation in conjuction with the IH-30 Frontage Road project. Permit expired on December 11, 2018.
PURPOSE OF REQUEST:
The applicant intends to establish a batch plant and office on the western portion of the property. Operations will include cement and flyash silos up to 77 feet tall, materials/aggregate stockpiles, diesel fuel tank, and modular batch office. The site will be accessed from an existing median opening on Hunter Ferrell across from Wrangler Dr in Irving. A concrete fire lane will be installed to allow for one-way movement in a U-shape from the west side of the property to the east side with a right-only exit onto Hunter Ferrell.
In its operational statement, the applicant states that the plant will usually operate from 1am to 7pm during warmer months, and 5am to 8pm during colder months or as allowed by City ordinance. Furthermore, the applicant requests the ability to operate 24/7 on demand.
The plant is designed to serve a 15 mile radius by accomodating 12 mixer trucks as well as 18-wheelers to deliver the mix materials.
SITE CHARACTERISTICS AND FUNCTION:
The site sits on the south side of Hunter Ferrell Rd and to the north of Bear Creek. The surrounding area is contractor uses on the Grand Prairie side of Hunter Ferrell and low-density residential on the north side. The Lone Star regional trail runs along the south side of Hunter Ferrell Road with a parking area and pavilion to the immediate west in Grand Prairie. The entire site lies within the mapped 100 year flood plain, though an applicant has a study underway as part of the process to reclaim a usable portion of the site.
The site is served by City of Irving water and wastewater per the terms of an Interlocal Agreement approved by Grand Prairie and Irving on June 20, 2013. Water used onsite will flow into a retention pit for recycling, though some water will be released, ultimately to Bear Creek. pH levels in the pond will be monitored by the Environmental Services Department to determine whether maximum levels are being exceeded prior to discharge.
ZONING REQUIREMENTS:
Density and Dimensional Requirements
Table 1 evaluates the density and dimensional standards of the proposed development. The proposal meets or exceeds the density and dimensional requirements.
|
Table 2: Site Data Summary |
|
Standard |
Required |
Provided |
Meets |
|
Min. Lot Area Sq. Ft. |
15,000 |
601,999.2 |
Yes |
|
Min. Lot Width (Ft.) |
50 |
Approx. 1,200 |
Yes |
|
Min. Lot Depth (Ft.) |
100 |
Approx. 537.7 |
Yes |
|
Front Setback (Ft.) |
25 |
25 |
Yes |
|
Rear Setback (Ft.) |
0 |
0 |
Yes |
|
Max. Height (Ft.) |
50 |
77 |
No |
Landscaping and Screening
The property is subject to the landscaping and screening requirements found in Article 8 and Appendix F of the UDC. Table 2 summarizes what is required and what is provided. The applicant is meeting required landscaping and screening for development in the LI zoning district.
|
Table 3: Landscape & Screening Requirements |
|
Standard |
Required |
Provided |
Meets |
|
Landscape Area (Sq. Ft.) |
15,681 |
41,319 |
Yes |
|
Trees |
32 site + 13 street |
54 + 28 |
Yes |
|
Shrubs |
314 |
323 |
Yes |
|
Parking Lot Screening |
36” Hedge |
8' Masonry Wall |
Yes |
|
Dumpster Enclosure |
Masonry Enclosure |
Masonry Enclosure |
Yes |
|
Roof Mounted Equipment |
Screened by Parapet |
N/A |
Yes |
EXCEPTIONS:
The applicant is exceeding the 50 foot height limitation in the LI zoning district by proposing a silo up to 77 feet in height. Max height in the LI district may be exceeded with an SUP.
NOISE STUDY:
At staff's request, the applicant conducted a noise study which is attached as Exhibit X. The results of the study demonstrate that the operation will contribute to the existing noise in the area, which already exceeds what is allowed by the City's Noise Ordinance. The applicant proposes to mitigate noise production by installing an 8 foot concrete wall along Hunter Ferrell Road. The other three sides of the property would be bounded by chain link fence.
The Grand Prairie Environmental Services Department submitted a letter to the Planning Department on April 26, 2019, citing the hours of operation, noise from pneumatic delivery pumps, and production of dust migrating to the north due to the prevailing winds, and recommending denial of the application.
CITY OF IRVING RESPONSE:
On April 25th, the City of Irving contacted Planning Staff to express opposition to the proposal.
RECOMMENDATION:
The Development Review Committee recommends denial due to the proximity of the site to a regional trail and neighboring residential areas in Irving and the potential for noise, dust, and traffic impacts upon the surrounding area.
At its May 6, 2019 meeting, the Planning and Zoning Commission voted 8-0 to recommend Denial.
Body
AN ORDINANCE AMENDING THE ZONING MAP TO SHOW THE LOCATION AND USE OF CERTAIN PROPERTY FOR A SPECIFIC USE PERMIT FOR A PERMANENT CONCRETE BATCH PLANT IN THE LIGHT INDUSTRIAL DISTRICT, ON PROPERTY DESCRIBED AS A PORTION OF 13.61 ACRES OF LAND SITUATED IN THE ISRAEL JENNINGS SURVEY, IN THE 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, the owners of the property described herein below filed application with the City of Grand Prairie, Texas, petitioning an amendment of the Zoning Map of the city of Grand Prairie so as to allow a Specific Use Permit for a Permanent Concrete Batch Plant in the LI, Light Industrial District;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on May 6, 2019, 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 issuance of a Specific Use Permit for a Permanent Concrete Batch Plant in the LI, Light Industrial 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 6 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 a Contractor Shop With Outside Storage and Heavy Equipment Storage in the LI, Light Industrial 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 January 22, 2019, to consider the advisability of amending the Zoning Ordinance and Map and the recommendation 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 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 the Official Zoning Map of the City of Grand Prairie, Texas, be amended so as to establish a Specific Use Permit for the property location as shown in attached Exhibit A - Location Map.
SECTION 2.
That the purpose of this Ordinance is to provide the appropriate restrictions and development controls that ensure this Specific Use Permit is compatible with the surrounding development and zoning and to also ensure that the development complies with the City’s Comprehensive Plan and Unified Development Code.
SECTION 3.
That, for operations of a Specific Use Permit for a Permanent Concrete Batch Plant in the LI, Light Industrial District, the following standards and conditions are hereby established as part of this ordinance:
1. The development shall maintain compliance with all Federal, State and Local regulations; including, but not necessarily limited to, all applicable standards and regulations of the Grand Prairie Municipal Code, Unified Development Code, and this ordinance.
2. The development shall adhere to the City Council approved Operational Plan, Site Plan, and Landscape Plan (as contained within attached Exhibit B - Site Plan, Exhibit C - Landscape Plan, and Exhibit D - Operational Plan).
3. The applicant shall obtain all necessary permits through the City’s Engineering and Floodplain staff, the U.S. Army Corps of Engineers, and FEMA, where applicable with regard to drainage and flood plain reclamation prior to operation.
4. An 8’ masonry wall will be constructed parallel to Hunter Ferrell Road along the entire property frontage. No equipment or apparatus used in the batching of concrete shall be located between the wall and Hunter Ferrell Road.
5. All existing trees identified on Exhibit G “Landscaping Plan” will be preserved during construction in accordance with Article 8 of the Unified Development Code.
6. Storage and parking of trucks, trailers, heavy equipment, and machinery described in Exhibit D, “Operational Plan” will be limited to the rear portion of the lot as indicated in Exhibit B, “Site Plan.”
7. No portion of the site may be sublet for the storage of equipment or trucks or the maintenance of any vehicle.
8. Outside materials storage will not exceed a height of one (1) foot below the top of the required masonry screening wall to be erected adjacent to Hunter Ferrell Rd.
9. No later than twelve (12) months following issuance of a Certificate of Occupancy for a Concrete Batch Plant, the Specific Use Permit will be brought back to Council for review. Any violation of this SUP or the Grand Prairie Code of Ordinances prior to this date will be grounds for City staff to introduce revocation proceedings against the Specific Use Permit established by this ordinance.
10. Water and wastewater connections shall require approval from the City of Irving prior to operation of a batch plant.
11. Additional driveways onto Hunter Ferrell Rd shall require approval from the City of Irving prior to operation of a batch plant.
SECTION 4.
That, all development must conform to the approved site plan and all exhibits incorporated as exhibits to this ordinance, as well as those incorporated herein by reference.
1. By this Ordinance, this Specific Use Permit shall automatically terminate in accordance with Section 5.4.1 of the Unified Development Code if a building permit is not issued for said use within one (1) year after City Council adoption of this Ordinance, or upon cessation of said use for a period of six (6) months or more.
2. 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.
3. 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.
4. The Certificate of Occupancy shall note the existence of this Specific Use Permit by its number and title.
SECTION 5.
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 6.
That all ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 7.
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 ON THIS THE 21st DAY OF MAY, 2019.
Ordinance No. xxxxx-2019
Specific Use Permit No. xxxx
Case No. SU190404