From
Chris Hartmann
Title
SU150803A - Specific Use Permit Renewal - 3223 E Main Street (City Council District 5). Consider approval of a Specific Use Permit Renewal for Truck/Heavy Equipment Parking. The property is zoned Light Industrial (LI) within Central Business District 4 (CBD 4) and is addressed 3223 E Main St. The owner is Gerardo Rodriguez. (On December 5, 2016, the Planning and Zoning Commission recommended approval to renew this SUP by a vote of 6-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
PURPOSE OF REQUEST:
Renewal of Ordinance No. 9901-2015 for a Specific Use Permit for a Commercial Truck Parking Lot within the Light Industrial (LI) District.
ADJACENT ZONING:
North - Light Industrial (LI) and Commercial (C); Central Business District 4 (CBD 4)
South- Light Industrial (LI) District; Central Business District 4 (CBD 4)
East- Light Industrial (LI) District; Central Business District 4 (CBD 4)
West- Light Industrial (LI) District; Central Business District 4 (CBD 4)
PROPOSED USE AND CHARACTERISTICS
This site is 8 acres and located in a Light Industrial zoning district within CBD 4. The eastern portion of this lot is gravel and the western portion of the lot is asphalt. There will be 25 truck parking spaces and will be leased out to drivers to park and store their trucks. The trucks will be parking on asphalt as shown in the submitted site plan. Staff has required a fence to be installed in order to prevent any trucks from traversing onto the gravel.
Concerning Pay Parking Lots, the UDC states:
“Parking lots that are designed to provide off‐street parking for an hourly, daily, weekly, or monthly fee shall provide a security fence six (6) feet in height, chain link or better, with lighting, and shall be constructed of a hard surface material in accordance with Article 10.”
The UDC requires specific paving for drive areas and parking stalls that the current site does not meet. The current site has asphalt. As with other properties nearby, staff has no objection to the use of the existing asphalt; however, if needed, as determined by Code Enforcement or the Building Official, any paving replacement would need to conform to current paving standards. The UDC offers several paving options, within Article 10, for the applicant to choose from.
The Fire Marshall has determined that a fire hydrant must be installed on the south side of E Main St, near the property. The applicant will work with the fire department and other city departments to obtain the proper permits for installing the fire hydrant.
Operations:
The applicant has submitted the following operational plan:
“This site is being provided as a parking site only for semi trucks and trailers. All drivers will be given a strict set of rules and regulations to follow if they want to use the site to park their vehicles.
Daily Operations
Drivers will have access to the site 24/7. Many have different work schedules, so the gate will be open at all times to them. Each customer will have assigned parking spots for however many vehicles the customer may have. The driver will park their personal vehicle in assigned spot while their work vehicle is in use. At the end of the drivers work day he will come back to the site and he will park his work vehicle back in the assigned spot and leave in personal vehicle.
Parking Agreement
All drivers will have to agree and sign a parking agreement to use the site to park their vehicles. The following are rules that they must follow:
• Absolutely no maintenance will take place on site. No repairs, tune-ups, oil changes or any other type of work will be permitted on trucks or trailers while using this facility.
• No overnight sleeping in trucks will be permitted while using this facility. This site is not a rest stop. It is a park and go site.
• Drivers will maintain all assigned parking spots clean and free of trash. Trash will be put in the provided dumpster that will be on site.
• No parking or driving on any unpaved part of the site.
• Parking spots will be leased on monthly basis only. Any unauthorized parking will result in the vehicle being towed at owner’s expense. No exceptions!
• When exiting the property, only right turns will be allowed when leaving the site. This is to relieve any traffic build up in the close by residential area.
• No inoperable vehicles will be permitted on site. Unauthorized parking will result in the vehicle being towed at owner’s expense. No exceptions!
All drivers must follow all regulations at all times. All violators will be evicted and will no longer be able to use this facility.
Enforcement Measures
Daily checks will be performed at least once a day to ensure this site is in a clean and neat state. These checks will be made to ensure there is no maintenance is taking place on site and to ensure everyone is in their assigned spot. Also, checks will be made to ensure there are no unauthorized vehicles on site and to check there are no drivers sleeping in their trucks.
These are the rules and regulations drivers must follow. That combined with the enforcement measures will result in this site being clean and well maintained for customers to use (Operational Plan, see attached).”
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:
None
RECOMMENDATION:
Staff recommends approval of the renewal of the SUP.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE ZONING ORDINANCE AND MAP BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR THE ONE (1) YEAR RENEWAL OF A SPECIFIC USE PERMIT FOR A COMMERCIAL TRUCK PARKING LOT, TO WIT: BEING LOT 7, BLOCK 1, ALLBRITTON ASSOCIATES ADDITION, GRAND PRAIRIE, DALLAS 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 August 18, 2015, the Grand Prairie City Council approved, via Ordinance No. 9901-2015 (Planning Case File No. SU150803), a Specific Use Permit for a Commercial Truck Parking Lot within the Light Industrial (LI) District; and
WHEREAS, said Ordinance stipulated that the Grand Prairie City Council shall conduct a public hearing one (1) year after approval of said Ordinance to confirm continued compliance with adopted development standards and all applicable codes; and
WHEREAS, Staff has verified that the subject property has yet to be developed as approved via Ordinance No. 9901-2015, staff hereby recommends approval of a one (1) year renewal of Ordinance No. 9901-2015 for a Specific Use Permit for a Commercial Truck Parking Lot within the Light Industrial (LI) District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on December 5, 2016, following legal notice of such public hearing before the Planning and Zoning Commission has been published in the paper of record, for the proposed renewal of Ordinance No. 9901-2015 for a Specific Use Permit for a Commercial Truck Parking Lot within the Light Industrial (LI) District; 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 6 to 0 to recommend approval to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to grant the renewal of Ordinance No. 9901-2015 for a Specific Use Permit for a Commercial Truck Parking Lot within 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 December 13, 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 972A for the property addressed as 3223 E. Main Street, as shown in Exhibit A - Location Map and as legally described as location described as Lot 7, Block 1, Allbritton Associates Addition, Grand Prairie, Dallas County, Texas.
SECTION 2: Specific Use Permit
FOR OPERATION OF A COMMERCIAL TRUCK PARKING LOT
1. Operation shall comply with approved Exhibit B- Site Plan.
2. Gravel, dirt, and debris must be washed off of the all paved surfaces before a Certificate of Occupancy is issued;
3. A chain link fence shall be installed to prevent drivers from maneuvering their vehicles on the gravel. All vehicles shall be parked on city approved surfaces, and completely within clearly marked parking spaces. As shown on the approved site plan, truck parking spaces shall measure 20ft by 62ft and standard passenger vehicle parking spaces shall measure 9ft by 18ft;
4. The use of the public rights-of-way for parking, loading, or unloading shall be prohibited;
5. Adequate lighting shall be required. Lighting plans shall be approved by the Chief Planner;
6. Must install a fire hydrant for access to this site, as approved by the Fire Marshall;
7. Paving replacement, as determined by the Building Official or Chief Planner, shall conform to the current standards of the Unified Development Code.
8. Trucks exiting the property must turn right only onto Main St. A sign shall be installed informing all exiting drivers to right turn only onto Main St.
9. As outlined within the Operational Plan contained within the Specific Use Permit Application File No. SU150803, and as more specifically stated and codified herein, the development shall adhere to the following operational standards:
a. There shall be no onsite vehicle maintenance or repairs of any kind;
b. This site is a commercial parking and shall not be used as a truck stop. There shall be no persons sleeping in their vehicles;
c. All trash and debris shall be deposited within the provided dumpster. The dumpster shall be located within an enclosure which meets the standards of the Unified Development Code.
d. All paved surfaces shall be kept free and clear of gravel, dirt and debris;
e. This site shall be required to meet the property maintenance standards of the Automotive Related Business Regulations, ordinance #7408;
f. There shall be no inoperable vehicles parked onsite;
g. Must practice all best management practices listed in its storm water pollution prevention plan; and
10. 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, regarding this Specific Use Permit, will require the submittal of a revised site plan for review and approval to the Planning Department;
11. Must comply with any outstanding Development Review Committee comments for the Specific Use Permit found in File No. SU150803.
SECTION 3: Compliance
All development must conform to the approved Development Plans, which are herein incorporated by reference.
1. By this SUP Ordinance, this Specific Use Permit shall automatically terminate if a Certificate of Occupancy is not issued for a Specific Use Permit for a Commercial Truck Parking Lot within one (1) year after City Council adoption of this Ordinance, or upon cessation of the use for a period of six (6) months or more.
2. Furthermore, by this SUP Ordinance, the City Council shall conduct a public hearing one (1) year after City Council approval 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.
3. The operation of this site 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 SUP 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 13th of DECEMBER, 2016
ORDINANCE NO. 10198-2016
SPECIFIC USE PERMIT NO. 972A
CASE NO. SU150803A