From
Chris Hartmann
Title
SU170901/S170901 - Specific Use Permit/Site Plan - 2434 NW Dallas Street (City Council District 1). A request to approve a site plan to construct and operate a one story, 4,500 square foot commercial building for storage purposes. The 0.305-acre property, generally located southwest of N.W. 24th Street and N.W. Dallas Street. The property is zoned Light Industrial (LI) district and is within the Central Business Corridor Overlay District, Section 1- Dalworth Hills Addition, Block 3, Lot 32R. The agent is E.D. Hill and the owner is Paul Upchurch. (On September 11, 2017, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0).
Presenter
Chief City Planner David Jones, AICP
Recommended Action
Approve
Analysis
SUMMARY:
Specific Use Permit and Site Plan to construct and operate a one story, 4,500 square foot commercial building for storage purposes with accessory outdoor storage. The 0.305-acre property, generally located southwest of N.W. 24th Street and N.W. Dallas Street; more specifically at 2434 N.W. Dallas Street. The property is zoned Light Industrial (LI) district and is within the Central Business Corridor Overlay District, Section 1 ---Dalworth Hills Addition, Block 3, Lot 32R.
PURPOSE OF REQUEST:
The applicant wants to utilize the vacant property located at 2434 NW Dallas Street for a contractor shop for internal storage purposes with accessory outdoor storage. The Unified Development Code (UDC) requires that contactor shops with outside storage obtain a Specific Use Permit before a Certificate of Occupancy can be issued.
ADJACENT ZONING:
North - Two-Family (2F) Residential Zoning District
South- Light Industrial (LI) District; located within CBD 1
East- Light Industrial (LI) District; located within CBD 1
West- Light Industrial (LI) District; located within CBD 1
BACKGROUND:
November 6, 2007: City Council approved Appendix R, “Central Business Districts”, of the Unified Development Code.
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 at 2422 N.W. Dallas Street (abutting property).
April 23, 2015: A replat was approved for the Dalworth Hills Subdivision, creating the Lot 34R, Block 3
June 16, 2015: Specific Use Permit for 2422 N.W. Dallas St. was adopted by the City Council. (SUP-968)
PROPOSED USE AND CHARACTERISTICS
Operations:
The applicant operates C&P Pump Services, in business since 1999 providing sales, service and maintenance to pumps and pump systems. This site will be used for storage of pump parts. The applicant proposes a single-story 4,500 square foot partially masonry building to accommodate the expansion of the existing business. The Central Business District 1 (CBD 1) does not allow open/outside storage. The applicant will not have any outside storage of parts, but the applicant is proposing to screen and store 4 flatbed trailers. These trailers range in size from 20ft long to 34ft long.
The applicant is proposing to expand an existing pump business, whose facilities are located across the street from the subject site. This property was recently replatted and the applicant is proposing to construct a parking lot on the vacant area to the west of the building.
Parking and Access:
This business is required to have 5 parking spaces; including 1 handicapped space. The proposed site plan meets this requirement. This new parking area will have access from NW Dallas St, from the southwest portion of the property.
Screening
The UDC requires a “Type 1” masonry fence along the northern property line, which separates the LI zoning from the 2F residential zoning. The applicant is proposing to construct a 6ft wood screening fence, which will screen the trailer parking located in the northern portion of the property, comprising of about 5,300sqft.
The applicant provided staff with photos showing the conditions of the existing fence and adjacent fences. The applicant’s proposed fence would be an improvement to the existing conditions, but does not meet the minimum screening requirements 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 is in conformance with the comprehensive plan.
REQUESTED APPEALS AND EXCEPTIONS:
Fence Exception:
The applicant is requesting an exception to the screening fence requirement of the UDC:
• 8.9.5A. All non-residential development shall be required to erect 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.
• Article 6, Section 18, require request for exception to minimum exterior masonry exterior construction requirement be subject to Planning & Zoning Commission’s and subsequent City Council oversight. The applicant is requesting an appeal to allow for exception to the minimum 85% masonry exterior constriction requirement on the rear and side of the proposed building.
The applicant stated within the submitted operational plan that they feel the proposed wooden fence provides a higher standard of fencing than the rest of the area.
The applicant’s proposed elevations meet the 85% masonry requirement only on the south elevation (facing N.W. Dallas St.) with the other sides clad in metal or a combination of metal and brick wainscot.
Outside Storage:
The applicant’s original request was for outside storage of parts. 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 storage of 4 trailers outside and to exclude parts and material outside storage. Staff does not object to the limited trailer storage.
RECOMMENDATION:
Staff supports the applicant’s request subject to the Planning & Zoning Commission granting an exception to required masonry screening requirement in lieu of a minimum 6’ (six-foot) wooden fence be constructed on the norther portion of the property providing a screen adjacent to the existing residential development to the north; and the following conditions:
1. Outside storage shall be limited to the occupying business’s flatbed trailers, only.
2. All trailers must be screened from residential properties and from the right-of-way. At a minimum the screening fence must be a 6ft, “Type 3”, wood fence, as defined the Unified Development Code.
3. There shall be no outside storage of materials or parts.
4. Use of the rights-of-way for business operations shall be prohibited.
With regard to the use of metal panel, staff acknowledges that the building is to be used only for storage purposes and that the surrounding properties are inconsistent with regard to materials, with several examples of metal buildings along NW Dallas St. While staff’s preference is that the building meets the masonry requirements, the applicant has provided masonry on the sides of the building visible from NW Dallas St.
Staff therefore offers partial support of the masonry exception while recommending further use of masonry on the areas visible from the street in the form of stucco, cement panel, CMU, or other approved masonry material.
Body
AN ORDINANCE AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR A SPECIFIC USE PERMIT FOR A CONTRACTOR SHOP WITH LIMITED OUTSIDE STORAGE, TO WIT: BEING LOT 32R, BLOCK 3, DALWORTH HILLS ADDITION, SPECIFICALLY ADDRESSED 2434 N.W. DALLAS STREET, 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, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on September 11, 2017, 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 Contractor Shop 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 8 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to grant the Specific Use Permit for a Contractor Shop 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 September 19, 2017 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 1027 for the property location described as follows:
2434 NW Dallas Street, also being further described as being Lot 32R, Block 3, Dalworth Hills Subdivision, Grand Prairie, Tarrant County, Texas and as shown in Exhibit B - Location Map.
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. SU170901/S170901, 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 (EXHIBIT B- LOCATION MAP). The public right-of-way shall not be utilized for business activities;
C. Outside storage shall be limited to the occupying business’s flatbed trailers, only. There shall be no outside storage of materials or parts;
D. All trailers must be screened from residential properties. At a minimum the screening fence along the residential property must be a 6ft, “Type 3”, wood fence or cement fiberboard wall, and constructed as required by the Unified Development Code, as amended. All fencing shall be constructed as shown on the Site Plan, labeled Exhibit A;
E. All operations shall maintain compliance with all federal, state, and local environmental regulations.
F. Must practice all best management practices listed in its storm water pollution prevention plan.
G. An exception to Article 6, Section 18, minimum exterior masonry construction requirement is granted for the rear and sides of the proposed building, as shown on EXHIBIT C.
H. Must comply with any outstanding Development Review Committee comments for the Specific Use Permit found in File No. SU170901/S170901; 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 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. 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.
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 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 19th DAY oF September, 2017.
ORDINANCE NO. 10340-2017
CASE NO. SU170901/S170901
SPECIFIC USE PERMIT NO. 1027