From
Chris Hartmann
Title
SU970701D - Specific Use Permit Renewal - Excavation (City Council District 5). Renew and amend Specific Use Permit 671A (SUP-671A) for sand and gravel mining and land reclamation for approximately 63 acres. This site is currently zoned Light Industrial (LI) District and is generally located east of MacArthur Boulevard and south of east bound Interstate Highway 30. The owner/applicant is James Cornelius, South IH 30 LTD. (On July 6, 2015, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0.)
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approval
Analysis
SUMMARY:
Consider a request to renew and amend Specific Use Permit 671A (SUP-671A) for sand and gravel mining and land reclamation for approximately 63 acres. This site is currently zoned Light Industrial (LI) District and is generally located east of MacArthur Boulevard and south of east bound Interstate Highway 30. The owner/applicant is James Cornelius, South IH 30 LTD.
ADJACENT LAND USES AND ACCESS:
North - Property to the north of Interstate Highway 30 is zoned Heavy Industrial (HI) District with a Specific Use Permit No. 353 for a waste water treatment facility operated by the Trinity River Authority.
South - Union Pacific Railroad right-of-way on property zoned Light Industrial (LI) District.
East - Vacant property zoned Light Industrial (LI) District.
West - Railroad spur on property zoned Light Industrial (LI) District that extends northward into the Trinity River Authority’s Central Regional Wastewater Facility. Further west is the Grand Lakes Business Park developed with the “Roomstore” distribution facility. Grand Lakes Way (formally Gifford Street) is designated on the city’s Master Transportation Plan as an M5U - Minor Arterial, 5-lane undivided thoroughfare. A residential neighborhood exists approximately one mile to the west of the subject 63 acre site.
PURPOSE OF REQUEST:
To extend the operational time frame of Specific Use Permit No. 671A for a sand and gravel mining operation originally approved in August of 1997 under case file SU970701 and SUP No 671 established by Ordinance No. 5797 and amended under case file SU970701A and SUP No. 671A established by Ordinance No. 7575. Article 4 of the Unified Development Code (UDC) requires an SUP for sand and gravel mining operations. The original operation approved in 1997 included a gross area of 439 acres that were predominately situated within a flood plain. The mining area, where the actual extraction of material occurs, was limited to about 134 acres. Since 1997, approximately 200 acres of the gross site have been reclaimed from the flood plain for use as an industrial park - largely from soil material taken from the adjacent mining areas. Other soil materials were sold to contractors for use in off-site construction projects. Amended SUP 671A reduced the area of the mining operation from 439 acres to 63.10 acres.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The applicant is now requesting a three-year extension to the operational time frame with an option for two (2) separate three (3) year extensions with a mandatory review period occurring every three years. The extension periods may be administratively approved by staff if all mining and extraction operations are performed in compliance with SUP ordinance requirements, and all other relevant codes and ordinances of the City of Grand Prairie. However, staff could exercise the option of requiring City Council approvals for the extension periods should recorded violations occur within the previous operational period.
In addition to the requirements set forth in the SUP Ordinance, this operation will also be subject to all requirements established in Chapter 7, Article VIII, “Gravel Pits” of the Code of Ordinance of the City of Grand Prairie. This article requires permits for the excavation of material, and a 404 permit from the US Army Corps of Engineers for disturbance of flood plain area. The applicant has complied with these requirements for the existing operation. Once they have secured approval of this amended SUP request, the applicant will seek renewal of these permits as necessary from the Engineering Department and the Corps. In accordance with Code requirements, the Engineering Department will review a reclamation plan as a part of their permit review. The renewal of these required permits are necessary before any further mining operations occur into the extended operational period.
ZONING HISTORY:
The existing sand and gravel mining operation has existed since 1997. The Light Industrial (LI) zoning classification can be traced back to the City’s 1977 zoning map.
COMPREHENSIVE PLAN:
The subject property is designated as appropriate for Light Industrial on the Future Land Use Map (FLUM). The proposal is consistent with the FLUM.
REQUESTED APPEALS BY APPLICANT:
None.
RECOMMENDATION:
The Development Review Committee recommends approval of this SUP request.
Body
AN ORDINANCE AMENDING THE ZONING MAP AND ORDINANCE SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY SO AS TO EXTEND THE EXPIRATION DATE FOR A SAND AND GRAVEL MINING OPERATION AS ORIGINALLY AUTHORIZED BY SPECIFIC USE PERMIT NO. 671 ESTABLISHED BY ORDINANCE NO. 5797 AND AS AMENDED BY SPECIFIC USE PERMIT 671A ESTABLISHED BY ORDINANCE NO. 7575; TO WIT: BEING AN APPROXIMATE 63.10 ACRE TRACT OF LAND OUT OF THE W. T. McLAUGHLIN SURVEY, ABSTRACT NO. 892, THE J. McLAUGHLIN SURVEY, ABSTRACT NO. 846, AND THE D. F. PETERSON SURVEY, ABSTRACT NO.1130, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, AND BEING GENERALLY LOCATED EAST OF MACARTHUR BOULEVARD AND SOUTH OF INTERSTATE HIGHWAY 30 (IH-30); 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 owners of the property described here in 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 Extend the Expiration Date for Specific Use Permit No. 671a Established by Ordinance No. 7575, for a Sand & Gravel Mining Operation, on said property; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on July 6, 2015 after written notice of such public hearing before the Planning and Zoning Commission on the proposed rezoning had been sent to owners of real property lying within 300 feet of the property on which the change in classification 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 9 to 0 to recommend to the City Council of Grand Prairie, Texas, to Extend the Expiration Date for Specific Use Permit No. 671A Established by Ordinance No. 7575, for a Sand & Gravel Mining Operation; 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 July 14, 2015 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:
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 671B to Extend the Expiration Date of Specific Use Permit 671A Established by Ordinance No. 7575 for a Sand & Gravel Mining Operation within the following area described in the attached Exhibit “A” incorporated herein by reference.
II.
That the following conditions are hereby established as part of this ordinance.
1. All site development, mining, excavating and filling activities must comply with the approved site plan as depicted in attached Exhibit “B” incorporated herein by reference. Mining areas shall not expand beyond those areas designated on the site plan or as described in Exhibit “A”.
2. All mining on the site must be in compliance with a mining permit and reclamation plan approved by the City.
3. All operations on the site must be in accordance with an approved 404 permit issued by the Corp of Engineers.
4. Any processing area for mined materials must be located a minimum of 2,000 feet from the nearest residential lot.
5. Traffic to and from the site by trucks and equipment associated with a mining use shall be limited to using Grand Lakes Way to Grand Lakes Boulevard. All such traffic related to the mining use is specifically prohibited from local streets west of the Grand Lakes Boulevard right-of-way (ROW) including MacArthur Boulevard and Grand Lakes Way, except for Grand Lakes Way east of Grand Lakes Boulevard.
6. The applicant shall manage all activities to minimize any impact on the rail spur serving the Trinity River Authority’s Central Regional Wastewater Facility. The accumulation of debris/dust on the spur is prohibited and shall be immediately removed. All crossings of the spur shall be done in a manner that prevents any damage. Damage to the spur shall be immediately (defined as within 15 minutes of the site manager becoming aware of the damage) reported to the Trinity River Authority and the city’s Environmental Services Department. The Environmental Services Director shall have the authority to order the immediate cessation of mining activities if a violation of this section occurs. Such cessation shall be maintained until the violation is corrected.
7. This SUP will expire if:
1. No mining permit is obtained within 12 months of City Council approval, or;
2. Three (3) years from the date of City Council approval, with the option for two (2) separate three (3) year period extensions by this Ordinance.
8. The extension periods established by this Ordinance may be administratively approved by staff if all mining and extraction operations are performed in compliance with this ordinance, and all other relevant codes and ordinances of the City of Grand Prairie. Staff shall exercise the option of requiring City Council approval for the established extension periods should recorded violations occur within the previous operational period.
III.
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.
IV.
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
V.
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 14th DAY OF JULY 2015.
ORDINANCE NO. 9887-2015
CASE NO. SU970701D
SPECIFIC USE PERMIT NO. 671B