From
Chris Hartmann
Title
SU160804/S160803 - Specific Use Permit/Site Plan - MDM Scaffolding (City Council District 1). Approval of a request for a Specific Use Permit for a Contractor Shop w/Outdoor Storage (MDM Scaffolding). The 2.88-acre property, zoned Light Industrial (LI) District and within the SH 161 Overlay Corridor, is generally located south of W. Shady Grove Road and east of Roy Orr Boulevard. The property is addressed as 1717 W. Shady Grove Road. The agent is James H. Rester III and the owner is Carol Morgan, MDM Scaffolding. (On August 1, 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
Approve
Analysis
SUMMARY:
Approval of a request for a Specific Use Permit for a Contractor Shop w/Outdoor Storage (MDM Scaffolding). The 2.88-acre property, zoned Light Industrial (LI) District and within the SH 161 Overlay Corridor, is generally located south of W. Shady Grove Road and east of Roy Orr Boulevard. The property is addressed as 1717 W. Shady Grove Road. The agent is James H. Rester III and the owner is Gene and Carol Morgan, MDM Scaffolding.
ADJACENT LAND USES AND ACCESS:
North - Immediately north is Shady Grove Road, which is classified on the Master Transportation Plan (MTP) as five lane undivided minor arterial (M5U). Farther north are a developed industrial tracts zoned Light Industrial (LI) District.
South - The property directly south is an undeveloped tract zoned Light Industrial (LI) District. To the southwest is the Grand Place mobile home park zoned PD-105.
East - The property to the east consists of a nursery/landscape company located in the Light Industrial (LI) District.
West - The properties directly west consists of a water proofing contractor business and an equipment sales/leasing business both located in the Light Industrial (LI) District. Farther west is Roy Orr Boulevard, which is classified on the Master Transportation Plan (MTP) as six lane divided principal arterial (P6D).
PURPOSE OF REQUEST:
The applicant, MDM Scaffolding Services, Inc., seeks City Council approval of a Specific Use Permit application in order obtain authorization to operate a commercial scaffolding contractor shop with outdoor storage on a 2.88-acre property located within the Light Industrial (LI) District. Staff classifies the proposed use as a “Contractor Shop w/Outside Storage”, with an accessory office use component. This type of use requires specific use permit approval from City Council when located within the Light Industrial (LI) District.
CHARACTERISTICS AND FUNCTION:
Use:
According to the applicant’s operational plan, MDM Scaffolding Services, Inc. has been in business since 1993. The company provides sales, rentals and installation services in the commercial, industrial and aircraft industries for scaffolding, shoring, trucking and motorized equipment. Due to the company’s growth, the subject 2.88 acre property has been acquired to better accommodate the operations of the company.
Currently, the subject property is largely an undeveloped tract save some perimeter fencing. The applicants propose to construct an 11,920 sq. ft. office/shop/warehouse building on the property. In addition, the applicants propose to install a concrete storage yard, concrete parking area, masonry dumpster enclosure, and wood screening fence on either side of the new building that is setback approximately 115-feet from the front property line. The applicant proposes to install six foot tall chain link fence w/slats for screening along both side property lines to screen the equipment storage yard.
The applicants are not proposing to utilize the rear most portion of the subject property that includes an area approximately 150-ft. deep x 209.45-ft. wide at this time, unless it is necessary to use as a detention pond due to the amount of new impervious surface added to the property. The applicants understand that this portion of the property may not be used for any purposes until such time that a proposed use is approved and the property is improved in accordance with the rules and regulations of the city.
Employees and Hours of Operation:
The business currently employs 34 people. Normal business hours are Monday through Friday between 7:30 AM and 4:30 PM and Saturdays 8:00 AM to 12:00 PM (noon).
Lot & Dimensional Standards:
The subject property is zoned Light Industrial (LI) District. The following table provides detailed dimensional requirement information. As proposed, the development meets or exceeds all minimum lot & dimensional standards.
Ordinance Provision |
LI Zone District Standards |
Proposed Conditions |
Meets |
Min. Lot Size |
15,000 s.f. |
2.88 acres |
Yes |
Min. Lot Width |
100 ft. |
209.88 ft. |
Yes |
Min. Lot Depth |
150 ft. |
595.53 ft. |
Yes |
Front Yard Setback |
25 ft. |
115ft. |
Yes |
Internal Side Yard |
30 ft. |
51 ft. @ east side 60 ft. @ west side |
Yes |
Rear Yard Setback |
0 ft. |
156 ft. |
Yes |
Bldg. Separation |
|
N/A |
N/A |
Bldg. Height |
50 ft. |
26 ft. 4 inches |
Yes |
FAR |
1:1 |
10.52% or 0.105:1 |
Yes |
Access and Parking:
Access to the subject property will be Shady Grove Road. The applicant is proposing to pave the access drive, drive aisles, parking area, and the operational area with concrete per city standard. In terms of parking, the applicant is proposing 24 striped parking spaces adjacent to the administrative office portion of the building and 6 striped parking spaces adjacent to the warehouse/shop portion of the building. The UDC requires a minimum of 25 striped parking spaces.
Proposed Use/Parking |
Parking Rate/s.f. |
Required |
Proposed |
Meets |
Office (6,108 sq. ft.) |
1/325 |
19 |
24 |
Yes |
Warehouse (5,812 sq.ft.) |
1/1,000 |
6 |
6 |
Yes |
Paving Type |
1/1,000 |
Concrete or Equivalent |
Concrete |
Yes |
Building Elevations - Articulation and Masonry Standards:
The applicant proposes to construct a 100% concrete tilt-wall building with surface panel reveals. The building will be painted with contrasting colors to provide additional architectural interest. As proposed the building consists of two main forms that will house the office and warehouse/shop portions of the building. The office and front portion of the building is a single story structure with a standing seam metal roof. The facades of this portion of the building include significant glazing and painted metal canopies over the windows and doors. The office facades also include cultured stone applied to the concrete tilt-up walls panels at the base of the building. The warehouse and rear portion of the building is a taller (26ft. 4inch) single-story structure. The rear of the building includes two service bay roll up doors.
Ordinance Provision |
LI District Standards |
Proposed Conditions |
Meets |
Masonry |
85% |
100% |
Yes |
Section 3 of Appendix F: Provision |
Standard |
Proposed Conditions |
Meets |
Masonry Office/Warehouse |
80% Masonry/20% EIFS |
100 % 100 % Masonry |
Yes |
Articulation Zone |
1 required per tenant |
1 Provided |
Yes |
Articulation Zone Length |
3x building height |
Exceeds |
Yes |
Articulation Zone Accent Stone |
15% of more |
Over 15% |
Yes |
Horizontal Articulation |
7.5% of building height |
Exceeds |
Yes |
Vertical Articulation |
7.5% of building height |
Exceeds |
Yes |
Landscape and Screening:
The landscape and screening requirements of the subject site are governed by Article 8 (as Light Industrial District) of the UDC and Section 4 of Appendix F of the UDC as shown below. Screening will be required as this application includes outdoor storage, which is one of the triggers for screening requirements. A sidewalk is required along Shady Grove Road. A five (5) foot sidewalk is shown on the site plan.
In accordance with Section 8.9.6 of Article 8 of the UDC, outdoor storage areas are required to be screened by a Type 1 (masonry) fence when located next to a residential uses or within 40-feet of the street ROW line. All outside storage next to uses other than residential or adjacent to the street ROW line are permitted to be screened by a Type 3 fence. The applicant proposes to construct a six (6) foot tall wood screening wall one hundred fifteen (115) feet back and along Shady Grove Road. The applicant proposes to construct a six (6) foot tall chain link fence w/screen slates along the east and west property lines. The chain link fence does not meet the minimum screening standards of the UDC.
Ordinance Provision |
Standards |
Existing/Proposed Conditions |
Meets |
Landscape |
Minimum Landscape Area (4%) or 30’ Landscape Buffer Along Street ROW |
30’ Landscape Buffer |
Yes |
Parking Lot/Drive Aisle Buffer |
30’ Landscape Buffer |
30’ Landscape Buffer |
Yes |
Parking Lot Hedgerow |
36’ Hedgerow, Berm, or wall |
36” Hedgerow |
Yes |
Required Number of Total Trees (1/500 sq.ft.) |
13 |
13 |
Yes |
Street Trees: |
1 tree/25 to 50 l.f. |
Provided |
Yes |
Parking Lot Trees: |
1 tree/20 spaces |
N/A |
N/A |
All trees are minimum 3 in. caliper |
|
|
Yes |
All parking lot islands minimum 5 ft. wide |
|
N/A |
N/A |
Sidewalk Along Roads |
Required along Roy Orr unless waived by Transportation |
5-ft. wide |
Yes |
Fence (Outside Storage) |
|
Wood Wall (north) No Fence (south) Chain Link (west) Chain Link Fence (east) |
Yes No No No |
Dumpster Enclosure |
Masonry Enclosure |
Masonry Enclosure |
Yes |
Dumpster Enclosure:
The applicant plans show a 12ft. x 10ft. (inside dimension) masonry (to match building) dumpster enclosure with metal gates. The enclosure does not conform to city standards. The minimum inside dimension is 12ft. x 12ft., which the applicant has agreed to construct.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The subject property is designated as appropriate for Light Industrial Development on the Future Land Use Map (FLUM). The proposal is consistent with the FLUM. Annually the City amends the FLUM to resolve conflicts between zoning and FLUM designations.
REQUESTED APPEALS BY OWNER/APPLICANT:
1. Screening Fence - the applicant is requesting an appeal of the Type 3 fence along the east, west and south property lines. The applicant proposed to construct a six-foot tall chain link fence with screening slates along the east and west side of the property and no screening fence along the south and rear of the property.
RECOMMENDATION:
Development Review Committee recommends approval of the request w/ adherence to review comments.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE ZONING ORDINANCE AND MAP SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR A SPECIFIC USE PERMIT FOR A COMMERCIAL SCAFFOLDING CONTRACTOR SHOP (LEASE & SALES) WITH OUTSIDE STORAGE IN THE LIGHT INDUSTRIAL (LI) DISTRICT, TO WIT: BEING A 2.88 ACRE TRACT OF LAND LOCATED IN THE PAYTON R. SPLANE SURVEY, ABSTRACT NO. 1731 & THE JOHN C. READ SURVEY, ABSTRACT NO.1183, DALLAS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BELOW; SAID ZONING ORDINANCE AND MAP 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 allowing for a Specific Use Permit for a Commercial Scaffolding Contractor Shop (Lease & Sales) With Outside Storage in the Light Industrial (LI) District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on August 1, 2016, 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 the Specific Use Permit for a Commercial Scaffolding Contractor Shop (Lease & Sales) With Outside Storage in the Light Industrial (LI) 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 8 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended allowing for a Specific Use Permit for a Commercial Scaffolding Contractor Shop (Lease & Sales) With Outside Storage in the Light Industrial (LI) 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 August 16, 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 1:
That Ordinance Number 4779, being the Zoning Ordinance and Map 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 1004 for the property location as shown in attached Exhibit A - Location Map and Exhibit B - Legal Description.
SECTION 2: PURPOSE AND INTENT
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: STANDARDS AND CONDITIONS
For operations of a Commercial Scaffolding Contractor Shop (Lease & Sales) With Outside Storage in the Light Industrial (LI) 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 and Unified Development Code.
2. Any zoning, land use requirements and restrictions not contained within this specific use permit ordinance shall conform to those requirements specified for the Light Industrial District as adopted and amended in the Unified Development Code (UDC). Where there is a conflict between the UDC and this ordinance, unless explicitly contained in this ordinance, the more restrictive shall prevail.
3. The development shall adhere to the City Council approved Exhibit C- Site Plan/Landscape Plan, and Exhibit D- Elevations, which include the following exceptions (appeals) to the above noted standards:
a. Screening Fence - in lieu of the required Type 3 Wood Fence around the perimeter of the outdoor storage yard, the existing 8-foot tall chain link fence with naturally growing vines intertwined with said chain link fence shall be permitted to remain as the screening fence along the south, east and west property lines of the storage area. However, in the event that the vines die or otherwise fail to provide required screening, the vines shall be replaced with earth toned colored slates.
b. Outdoor Storage Area/Fire Lanes - the outdoor storage area and fire lanes as depicted in Exhibit C - Site Plan/Landscape Plan may be reconfigured or altered provided that the modified plan continues to comply with the minimum development standards of this ordinance and the Unified Development Code. In no case shall any fire lane be reconfigured without prior approval of the Grand Prairie Fire Marshall.
c. Future Development Area - the area listed as “DETENTION AREA IF REQUIRED” on Exhibit C - Site Plan/Landscape Plan is not subject to any improvements as a part of this approval; however, said property may not operationally be used in any capacity without prior authorization from the city.
SECTION 4: COMPLIANCE
All development must conform to the approved site plan and all exhibits incorporated herein, 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 Certificate of Occupancy 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. Furthermore, by this Ordinance, the City Council shall conduct a public hearing one (1) year after City Council approval of this Specific Use Permit 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. 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.
4. 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.
5. The Certificate of Occupancy shall note the existence of this Specific Use Permit by its number and title.
SECTION 5:
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:
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 16TH DAY OF AUGUST, 2016.
Ordinance No. 10115-2016
Specific Use No. 1004
Case No. SU160804/S160803