From
Chris Hartmann
Title
SU101102/S101101 - Specific Use Permit/Site Plan - 802-902 Oakdale Road (City Council District 1). Approval of a Specific Use Permit and Site Plan for the display and sale of truck trailers and equipment on 4.84 acres. The subject property is zoned Light Industrial (LI) District, and is located east of State Highway-161 on the north side of W. Oakdale Road. The property is located within the State Highway-161 (SH-161) Overlay District. The owner is Acker Enterprises L.L.C. and the applicant/agent is Walter Nelson. (On November 1, 2010, the Planning and Zoning Commission recommended approval of this request by a vote of 7-0.)
Presenter
Chief City Planner Kevin Lasher
Recommend Action
Approved
Analysis
SUMMARY:
Consideration of a request for the approval of a Specific Use Permit and Site Plan for the display and sale of truck trailers and equipment on 4.84 acres. The subject property is zoned Light Industrial (LI) District, and is located east of State Highway-161 on the north side of W. Oakdale Road. The property is located within the State Highway-161 (SH-161) Overlay District.
ADJACENT LAND USES AND ACCESS:
North - Property to the north of this development is zoned Light Industrial (LI) and is undeveloped.
South - Immediately to the south is Oakdale Road classified on the Master Transportation Plan (MTP) as a principal arterial, four lane divided roadway. Property across Oakdale Road are zoned Planned Development No. 39, for industrial uses. Properties are partially developed.
East - Property to the east of this development is zoned Light Industrial (LI) and is undevelopedl
West - Property to the west is zoned Light Industrial (LI) and is developed with a trucking company.
PURPOSE OF REQUEST:
To modify the Light Industrial (LI) District on this property by the approval of a Specific Use Permit, and to approve a Site Plan within the SH 161 Overlay District for a trucking services company with outside storage and sales of tractor trailers from an existing compacted crushed limestone surface in a Light Industrial (LI) District.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The proposed use will function as a trucking services company and will store tractor trailers for sale on 211,016 square feet or 4.844 acres. The site was previously used for a concrete services company which operated on the existing compacted crushed limestone surface. The site is currently developed with a 2,066 square foot metal office building with a front masonry façade adjacent to Oakdale Road. I has a concrete paved parking area in front of the building with 11 parking spaces. Also on the site are an existing 440 square foot metal shed, a 5,437 square foot covered wash and repair canopy, and an uncovered wash bay which is tied into an existing septic system.
The owner, Acker Transportation Services is a licensed dealer in the State of Texas ( Licenses: P107746 and P10645X). The site is configured to store 74 trailers. The applicant intends to contract with an off site mobile repair service company to perform necessary repairs to the trailers prior to sale. They will operate from 8:00 am to 5:00 pm Monday through Friday. Current staff consists of the owner and three independent contractor commissioned agents. Daily activity will normally consist of 8 to 10 trailers being checked in or out during a normal day.
The applicant is currently in the process of contracting for purchase of the property. The Current property taxes are in arrears.
ZONING HISTORY:
Do research from files&
CONFORMANCE WITH COMPREHENSIVE PLAN
Recommend approval. Complies with Comprehensive Plan
PROJECTS VESTED STATUS:
A Final Plat was approved by the Grand Prairie Planning and Zoning Commission on July 16, 1985 for the site plan area titled Block 3, Phase IV, Sheffield Village Addition. Said Final Plat was recorded on September 11, 1985 in Volume 388-190, Page 83-86, Plat Records of Tarrant County Texas. The date of application submittal for this Site Plan request is December 21, 2004. Section 12.14.12 of the Unified Development Code (UDC) establishes the following criteria for determining a projects vested status with respect to the application of current zoning requirements:
12.14.12 A project is considered dormant if it does not have an expiration date and no progress has been made towards completion of the project as defined in Local Government Code Section 245.005.
A. The following projects will be considered dormant and expired as of January 18, 2005:
1. Any plat or land study approved prior to November 20, 1990 on which no progress has been made toward completion of the project.
2. All projects, for which final plats have not been filed of record with the County, approved between November 20, 1990 and the effective date of this ordinance amendment, on which no progress has been made toward completion of the project (January 18, 2005) Ordinance No. 7158.
B. Following adoption of this ordinance amendment, projects for which final plats have been filed of record with the County that are not developed, and for which no other progress has been made towards the completion of the project within five years from the date said final plat is approved by the Planning and Zoning Commission, will be considered dormant and expired.
C. All other plats and land studies expire according to the standards for lapse of approval as set out within the Unified Development Code, Article 12, Platting.
D. In accordance with Local Government Code Section 245.005 (May 11, 1999), progress towards completion of the project shall include any one or more of the following:
1. An application for a final plat or plan is submitted to a regulatory agency;
2. A good-faith attempt is made to file with a regulatory agency an application for a permit necessary to begin or continue towards completion of the project;
3. Costs have been incurred for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of five percent of the most recent appraised market value of the real property on which the project is located;
4. Fiscal security is posted with a regulatory agency to ensure performance of an obligation required by the regulatory agency; or
5. Utility connection fees or impact fees for the project have been paid to a regulatory agency.
6. Any adopted provision modified or added to Local Government Code Section 245.005 by the Texas Legislature.
Vesting established by the Final Plat is deemed void since no measurable and verifiable progress is evident within the five year period after P&Z approval of the Final Plat on July 16, 1985 (Section 12.14.12.B of the UDC). However, submittal of this Site Plan application will vest this project to development standards in place as of the date of application submittal of May 24, 2005.
DENSITY AND DIMENSIONAL IMPACTS:
Density and dimensional standards are highlighted below:
REQUESTED APPEALS BY APPLICANT:
The current Planned Development ordinance requires
No other appeals are being requested by the applicant.
RECOMMENDATION:
The Development Review Committee recommends approval of this request as no appeals to the development requirements (SPECIFY THE REQUIREMENTS HERE) are being requested by the applicant.
Or&
Since the applicant is requesting the above noted appeals, the Development Review Committee is not able to recommend full approval of this case. However, the applicant is offering the following provisions as compensatory measures that could potentially lessen the impact of the requested appeals.
1. (LIST THOSE MEASURES HERE. SEE EXAMPLE BELOW.)
2.
Or&
Since the applicant is requesting the above noted appeals, the Development Review Committee (DRC) is not able to recommend full approval of this case. There are no identifiable hardships or rationale presented by this application that demonstrates why full compliance is not attainable. The applicant is not providing sufficient provisions or compensatory measures, as requested by CURRENT PLANNING: Martin Barkman, (972) 237-8255
M. 1 Add the case number SU101102/S101101 to all new submittals.
I. 2. Staff is recommending the SUP be for a trucking services company with outside storage, and equipment sales. This will bring all uses into compliance with the current Unified Development Code (UDC).
I. 3. Staff has determined that the property is vested to the existing crushed rock storage surface and the trucking and storage uses.
M. 4. No photographs were submitted with application. Please provide building elevations or photographs of existing buildings on site.
M. 5. Provide a letter from the engineer certifying that the existing limestone surface is adequate for truck and trailer storage and will support a 65,000 lb. emergency vehicle for approval by the Fire Marshall.
M. 6. Add more dimensional control. Show dimensions from buildings to property lines. Show dimensions of aisles and drives.
M. 7. Show the street centerline and right of way width.
M. 8. Future right-of-way is to be 100 feet. Proposed right-of-way north of centerline will be 50 ft. Existing trees shown will be expected to be removed with street widening and proposed wood fence will be to close to right-of-way. Relocate proposed wood fence 90 feet from current centerline of roadway.
M. 9. Add street trees at 1 tree per 50 foot of frontage. (270/50=5.4 or 6 trees) Add 5 gallon shrubs at 4 ft on center along proposed fence facing Oakdale. (130 feet/4 ft= 32.5 or 33 shrubs). Add a landscaping table to reflect new plant materials.
M. 10. Show the area of the site in square feet and acres on the lot.
M. 11. Show the dimensions and area in square feet of each building or structure on the lot.
M. 12. Dumpster location must be screened by a minimum 10 ft. x 13 ft. x 6 ft. for each container. Screening shall be constructed of masonry materials consistent with those used in the main structure per City requirements. Provide elevation drawings and details of dumpster screening. Location must be approved by the City of Grand Prairie solid waste contractor.
M. 13. Ownership is still shown as Action Concrete Inc., please resubmit a revised application with the representative of Action Concrete Inc. signing as the owner, Acker Transportation Services as the applicant with Walter Nelson listed as the agent. Application must be notarized if anyone other than the owner is to represent the case. It is staffs understanding that the closing will not occur until zoning is approved.
M. 14. Provide a note stating that the Landscaping must be irrigated per City of Grand Prairie Standards.
M. 15. An operational plan was not provided with the submittal. Please provide in letter format an Operational Plan which provides a brief history of your business, and clearly describes all uses to be done on site. List trucking company with onsite repair and service, storage of tractors and trailers, equipment sales. Provide the number of employees and the hours of operation.
I. 16. Taxes are not current on this property. All taxes must be paid in full and documentation provided to the City of Grand Prairie prior to the issuance of a Certificate of Occupancy.
M. 17 Staff has identified the items necessary to continue the submittal process.
Please make revisions, and corrections, and provide additional information as requested. The applicant may contact staff to schedule a meeting to discuss disputed issues or the review process. If revision issues are resolved, bring 3 copies of the revised plans which will be reviewed at the Development Review Committee meeting. (Attendance is mandatory).
CURRENT PLANNING: Linda Hughes, (972) 237-8258
M. 1. Provide a digital (.dwg) of the specific use area meets and bound at the DRC meeting October 21, 2010.
I. 2. Please Note: A building permit and/or a Certificate of Occupancy will not be issued until the final mylars (Site Plan, Landscaping, Elevations, Dumpster, sign and Fence details) for your request have been submitted to the Planning department for review. The construction drawings for your building permit submittal must not deviate from the approved site plan drawings the City Council approved. Any deviation from the council approved site plan submittal will result in a denial of the building permit and may require additional reviews by the Planning and Zoning Commission and City Council.
ENGINEERING/FLOODPLAIN: Brent ONeal/Chris Agnew, (972) 237-8141
M. 1. Applicant shall obtain a driveway permit from Building Inspections and re-construct the drive and approach per the City standard detail for commercial driveways.
M. 2. Need City approved grading and erosion control plans prior to starting any earth disturbing activities and approval of any building permit associated with such activity.
ENVIRONMENTAL SERVICES: Terri Blocker, (972) 237-8461(All comments are informational unless otherwise noted)
M. 1. Must maintain compliance with all federal, state and local environmental regulations.
M. 2. Must maintain compliance with city ordinance #7408 automotive related business regulations
M. 3. Must practice all best management practices listed in its storm water pollution prevention plan.
M. 4. Site evaluation by a TCEQ licensed site evaluator to determine that the on-site sewage system is working properly is required
FIRE DEPARTMENT: Mike Siege, (972) 237-8300
M. 1. A Knox padlock shall be placed on any gate restricting emergency access.
M. 2. Address to be posted per city ordinance
M. 3. Any new construction may require the extension of water lines and fire hydrants.
CODE ENFORCEMENT DIVISION: Steve Collins, (972) 237-8041
M. 1. The company owner has been in contact with me regarding his intentions for this site. In my opinion, he desires to build a model facility, which will perhaps inspire some other area businesses to become more compliant. This use is consistent with the prevailing usage in this area, which is truck and equipment storage.
TRANSPORTATION SERVICES: Daon Stephens, (972) 237-8319
M. 1. Oakdale is a 4-lane divided roadway on the Citys Thoroughfare Plan and requires 100 of right-of-way. The development of this property needs to allow for this future improvement by moving back away from the future right-of-way.
M. 2. The fence along Oakdale should be placed 90 from the centerline of the existing asphalt roadway.
M. 3. Shoe the gates into the property and how they operate. Swing gates must swing into the property, not toward the street.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR A PROPOSED SPECIFIC USE PERMIT FOR A TRUCKING SERVICES COMPANY WITH A MAINTENANCE FACILITY AND OUTSIDE STORAGE WITHIN A LIGHT INDUSTRIAL (LI) ZONING DISTRICT, TO WIT: BEING; TWO PROPERTIES, LOT 1, BLOCK 1, BAR ONE ADDITION AND TRACT 14, BBB & CRR CO SURVEY, ABSTRACT NO. 202, GRAND PRAIRIE, DALLAS COUNTY, TEXAS, AND BEING ADDRESSED AS 802-902 OAKDALE ROAD, 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 to the Zoning Ordinance and Map of said city so as to amend the zoning designation of said site to a Specific Use Permit for a Trucking Services Company with a Maintenance Facility and Outside Storage within a Light Industrial (LI) Zoning District; and;
WHEREAS, the Planning and Zoning Commission of the City of Grand Prairie, Texas, held a public hearing on said application on November 1, 2010, 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 a Specific Use Permit for A Trucking Services Company with a Maintenance Facility and Outside Storage within a Light Industrial (LI) Zoning 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 7 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 a Trucking Company with a Maintenance Facility and Outside Storage within a Light Industrial (LI) Zoning 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 November 16, 2010 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..."
and passed and approved November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit numbered 853 for the property location described as follows:
The location being described as Lot 1, Block 1, Bar One Addition and Tract 14, BBB & CRR CO Survey, Abstract No. 202, Grand Prairie, Dallas County, Texas, and being addressed as 802-902 Oakdale Road which is shown on the approved site plan labeled as Exhibit ‘A’, which is incorporated by reference.
SECTION 2.
Specific Use Permit
A. FOR A TRUCKING SERVICES COMPANY WITH A MAINTENANCE FACILITY AND OUTSIDE STORAGE OF SEMI TRACTORS AND TRAILERS - in a Light Industrial District.
B. STANDARDS OF DEVELOPMENT - All Building Construction and Paving Standards shall conform to all requirements of the Unified Development Code for the Light Industrial (LI) District except as amended below:
1. Outside storage areas shall be screened by a six-foot high wood fence along the property frontage and set back 40 feet from the adjoining right-of-way of Oakdale Road with landscaped improvements along same property frontage as shown in the attached Exhibit “A” of this Ordinance.
2. All operations must conform to the Planning and Zoning Commission approved site plan and operational plan as provided in final submittal.
3. The facility must develop and implement an accidental spill plan. The water quality division will provide spill plan development guidelines. A copy of the plan must be forwarded to the water quality division for approval.
4. The facility must maintain manifests detailing the types and amounts of chemicals stored within the building area and maintain manifest of their disposition to a state or federally approved disposal site.
5. It shall be unlawful for any person, owner, tenant, or employee, to commit such acts as listed below:
a. Discharge or deposit, upon any public or private property, any industrial, chem-ical, hazardous, or other regulated waste.
b. Permit crankcase or radiator drainage’s, vehicle engine wash or other oils, greases, vehicle fuels or like material to be discharged or deposited to any area within the city.
6. The facility shall meet all requirements of the Auto Related Business Ordinance # 7408 (Chapter 13 “Health & Sanitation” of the Code of Ordinances.
7. Parking or storing of vehicles shall permitted on compacted crushed limstone in existing pre-established areas only. Areas which deteriorate must be maintained by addition of additional material and recompaction.
8. Expansion of the existing parking areas shall meet all current paving standards.
9. Cross connections devices may be required under the provisions of City Code Chapter 13 Article X depending on how water will be used in the facility. Any cross connection devices that are required must be shown on all plan submittals to building inspections. It is required that you provide the make model and location of the backflow preventer to be installed. Providing this information during first submission of building permits will speed up the permitting review process. Testing fees for backflow prevention devices must be paid prior to issuance of building permits.
10. The Environmental Services Department may require a sample point be installed on the sanitary sewer line. The location and a sample point detail must be shown on the building plans submitted for review with your application for a building permit. Structure and location should meet the requirements of the department.
11. All waste disposal services shall be contracted with Grand Prairie Disposal Company, J.C. Duncan. Commercial-type refuse containers (dumpsters and roll-offs) shall be placed at a location arranged in advance with the city’s contractor. If materials are to be recycled, they shall not be co-mingled with trash. All property owners or facility owners shall contact Grand Prairie Disposal Company at (817) 261-8812 [city code 26-105(a)]. Mechanical garbage and trash compactors shall conform to city code sections 29-74 and 26-75. The general contractor shall be held responsible for ensuring compliance with these city codes.
12. No operations or activities may result in creation of a nuisance as defined in city code 29-68(12) to (29). Specifically, no building, road or construction activity may cause water to stand and result in mosquito harborage.
13. All noise created during the construction and subsequent operational activities conducted on the subject property must comply with City Code Chapter 13, Article XIII, Section’s 13-275 to 13-286. Construction must be limited the daytime hours between six o’clock a.m. and ten o’clock p.m. when constructing a building with 300 feet of a residence.
14. Grease and sand traps from automotive repairs, and vehicle wash operations shall be connected to the sanitary sewer system [city code 26-41)]
15 All facilities must comply with current health and water quality standards before a certificate of occupancy can be issued. These issues will be addressed during the building review process.
16. Fire Department will require a plan for the storage used tires for review and approval prior to the issuance of a Certificate of Occupancy.
17. Fire Administration will require a Knox Lock or device on the gate to allow emergecy access.
18. All maintenance shall be done within existing or proposed maintenance shops.
19. No vehicle washing shall be done on site without an approved wash bay with and approved sand and grit trap.
20. The applicants engineer shall provide a letter for approval by the Fire Marshall that the bearing capacity of the existing compacted crushed limestone is capable of supporting a 65,000 lb emergency vehicle.
C. EMERGENCY ACCESS
1. All security gates shall be equipped with a Knox Padlock.
D. COMPLIANCE
1. All development must conform to the approved site plan.
2. If no certificate of occupancy is issued for a trucking company with outside storage of tractors and trailers and a maintenance shop within one year, or if the use is discontinued for a period of 6 months or more, the Specific Use Permit shall be considered terminated.
3. The operation of this site shall be in strict compliance with all requirements of the Environmental Services Department and Fire Administration in addition to all other local, state and federal requirements.
4. Any unsafe or unauthorized operations or activities may be determined as grounds for revocation of the Specific Use Permit by the City Council.
SECTION 3.
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 4.
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 5.
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 16TH OF november 2010.
Specific use permit no. 853
case no. Su101102/s101101