From
Chris Hartmann
Title
SU140205A - Specific Use Permit Renewal - 3402 S Gilbert Rd - Environmental Cleanup (City Council District 1). Renewal of a Specific Use Permit for an environmental cleanup company on 1.893 acres. The property, zoned Light Industrial (LI), is located east of S. Gilbert Road and north of E. Shady Grove Road. (On June 6, 2016, the Planning and Zoning Commission recommended approval to renew this SUP by a vote of 9-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
SUMMARY:
Consider a request for the indefinite renewal a Specific Use Permit for an Environmental on 1.893 acres. The property, zoned Light Industrial (LI), is located east of S. Gilbert Road and north of E. Shady Grove Road. The agent is Jeremmy McEntire, ES&H of Dallas, LLC, the applicant is Lawrence Boucvalt, ES&H of Dallas, LLC, and the owner is Lawrence Boucvalt. .
PURPOSE OF REQUEST:
Environmental remediation and contractor companies with outside storage facilities have been determined to require the approval of a Specific Use Permit in all zoning districts where they are permitted per Article 4, “Permissible Uses” of the Unified Development Code, Section 4.8.4. This submittal is made in conformance with that requirement.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The applicant is currently operating an Environmental Clean Up Company at 3418 S. Gilbert Road by the approval of a Specific Use Permit. The applicant has purchased the site to the south located at 3402 S. Gilbert with the intention of using the existing office building for his secretarial staff and the paved and fenced site for the storage of his trucks, trailers and equipment.
Staff has determined to amend the existing Specific Use Permit boundary and incorporate the proposed area into his existing SUP. All operational requirements shall remain the same.
There is a 5 foot wide parcel that belongs to the developer of the Enchanted Estates subdivision to the east which lies between the two parcels. The owner has agreed to transfer the 5 foot wide strip the applicant. Upon receipt of documents transferring title the applicant has agreed to replat all parcels into one lot.
ZONING HISTORY:
Current zoning is Light Industrial (LI) for industrial uses. A replat for the existing lot, a 5 foot adjoining parcel and the subject lot and the lot to the south are required to be processed in compliance with this SUP amenment request.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map of the November 2010 Comprehensive Plan Update designates this area for industrial uses. The proposed environmental remediation contractor use is permitted uses in a Light Industrial (LI) District. Staff has determined that the expansion of the existing use is in conformance with the 2010 Comprehensive Plan.
DENSITY AND DIMENSIONAL IMPACTS:
No variations to the lot size, area, setbacks or floor area ratio are being requested by the applicant.
REQUESTED APPEALS BY APPLICANT:
No appeals are being requested by the applicant.
RENEWAL INSPECTION STATUS:
The property is in full compliance with Ordinance No. 9667-2014.
RECOMMENDATION:
Staff recommends the indefinite renewal of Oridinance No. 9667-2014.
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 INDEFINITE RENEWAL OF A SPECIFIC USE PERMIT FOR AN ENVIRONMENTAL REMEDIATION CONTRACTOR WITH OUTSIDE STORAGE IN A LIGHT INDUSTRIAL (LI) DISTRICT, TO WIT: BEING TRACTS 2 & 3 OUT OF THE JOHN C. READ ABSTRACT NO. 1183 (PAGE 830) AND LOT 1, BLOCK 1, IBARRA ADDITON, IN THE CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, AND BEING ADDRESSED AS 3418 & 3402 S. GILBERT ROAD, SAID ZONING MAP AND ORDINANCE BEING NUMBERED AS 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 February 18, 2014, the Grand Prairie City Council approved, via Ordinance No. 9667-2014 (Planning Case File No. SU140205), a request for a Specific Use Permit for an Environmental Remediation Contractor with Outside Storage in a Light Industrial (LI) District; and
WHEREAS, said Ordinance requires a two (2) year review of the existing Specific Use Permit for an Environmental Remediation Contractor with Outside Storage in a Light Industrial (LI) District 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 is in full compliance with the approved development standards and applicable codes, and
WHEREAS, staff recommends, due to verified compliance with approved development standards and applicable codes, indefinite renewal of said existing Specific Use Permit for an Environmental Remediation Contractor with Outside Storage in a Light Industrial (LI) District and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on June 6, 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 existing Specific Use Permit for an Environmental Remediation Contractor with Outside Storage in a 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 9 to 0 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 an Environmental Remediation Contractor with Outside Storage in a 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 June 21, 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 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..."
Being passed and approved on November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit numbered 928A for the property located as shown in Exhibit B - Location Map and as further described as follows:
Being Tracts 2 & 3 out of the John C. Read Abstract No. 1183 (Page 830) and Lot 1, Block 1, Ibarra Addition, in the City of Grand Prairie, Dallas County, Texas, and being addressed as 8418 & 3402 S. Gilbert Road, being 3.363 acres.
SECTION 2.
SPECIFIC USE PERMIT
FOR OPERATION OF AN ENVIRONMENTAL REMEDIATION CONTRACTOR WITH OUTSIDE STORAGE IN A LIGHT INDUSTRIAL (LI) DISTRICT. The following definition and conditions are hereby established as part of this ordinance:
2.1 PERMITTED USE DEFINITION
Environmental Remediation Contractor w/ Outside Storage: A business in which services utilized in the removal of pollution or contaminants from an environmental medium requiring specialized materials, supplies, and/or expertise are normally provided at the customer’s location, or the area requiring remediation rather than at the business location, and in which necessary materials, supplies or equipment are stored, displayed, or parked outside and on-site at the business location.
2.2 CONDITIONS FOR A CERTIFICATE OF OCCUPANCY
The following conditions must be satisfied prior to issuance of a Certificate of Occupancy (CO) for an Environmental Remediation Contractor with Outside Storage on the subject property at 3418 S. Gilbert Road:
1. The building address shall be posted on the site per Municipal Ordinance 29-20.
2. The parking areas on the subject property will need to be paved and stripped as reflected on the approved site plan.
3. The rock base paving will need to be located and compacted on the subject property as reflected on the approved site plan.
4. The eight (8’) foot wood screening fence shall be replaced along the east property line, adjacent to all residential properties, and conform to the approved site plan.
5. Portable fire extinguishers shall be installed on-site at a maximum travel distance of 75 feet per extinguisher. The minimum allowable size of the fire extinguishers shall be a 2A-10BC.
2.3 OPERATIONAL CONDITIONS
The following conditions pertain to the operation of an Environmental Remediation Contractor with Outside Storage on the subject property at 3418 S. Gilbert Road and conformance to these stipulations are required for continued operations:
1. A valid city approved Certificate of Occupancy (CO) is required prior to any outside storage activity on the site.
2. All operations on the subject property must conform to the Planning and Zoning Commission and City Council signed and approved site plan and operational plan as provided in the final submittal under case number SU140205.
3. All operations on the subject property must maintain compliance with all applicable federal, state and local regulations and environmental laws.
4. The on-site containment, processing, treatment or storage of hazardous waste materials will be prohibited on the subject property.
5. The following requirements shall be required for the on-site handling and storage of non-hazardous waste on the subject property:
i. The facility on-site is permitted to store and transport Class I and Class II non-hazardous waste as defined in Chapter 335, Title 30 of the Texas Administrative Code (Reference: §335.505 and §335.506).
ii. All Class I and Class II non-hazardous waste will need to be stored within secondary containments in the proper and designated areas.
iii. All Class I and Class II non-hazardous waste will not exceed the ten (10) day permitted storage period and will be transported off-site to a designated licensed facility for proper disposal.
6. The establishment and enforcement of a no-idling policy will be mandatory for continued operations on the subject property.
7. The maintenance and repair of motor vehicles and equipment will need to be performed off-premise.
8. All motor vehicles will be required to be stored and/or parked on a concrete surface.
SECTION 3. COMPLIANCE
All development must conform to the approved site plan labeled as Exhibit ‘A’, which is 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, 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 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 21st day of June 2016.
ORDINANCE NO. 10070-2016
CASE NO. SU140205A
SPECIFIC USE NO. 928A