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File #: 14-4024    Version: 1 Name: Z140901/SU140901/CP140901 - Avera
Type: Ordinance Status: Adopted
File created: 8/28/2014 In control: Planning and Zoning Commission
On agenda: 9/16/2014 Final action: 9/16/2014
Title: Z140901/SU140901/CP140901 - Zoning Change/Specific Use Permit/Concept Plan - Avera (City Council District 1). Approval of a Zone Change from Planned Development 196 (PD-196) to a Planned Development for Light Industrial (LI) uses, a Specific Use Permit for Outside Storage, and a Concept Plan for a 345,150 square-foot distribution center on 18.82 acres AND an amendment of the Master Transportation Plan related to the extension of Daja Lane to January Lane. The subject properties (Joseph C Reed Abst 1729 TR 4.3, 4.5 and TR 4.6, P H Ford ABST 1711 TR 3 and TR 3.5) are located on the northwest corner of N Highway 161 and January Ln and within the SH-161 Overlay District. The agent is Rick Kight, Avera Companies, the owner is David O'Connor, Series Trust 120402, Lauren Butler, Pooled Funds Trust, Durward Moore, Grand Prairie Seriest Trust 2003-1, Durward Moore, 19th Street Trust, and C.M. Edwards, Daisy Field Trust. (On September 8, 2014, the Planning and Zoning Commission recommended appr...
Attachments: 1. Exhibit A - Legal Description.pdf, 2. Exhibit B - Location Map.pdf, 3. Exhibit C - Conceptual Plans.pdf, 4. Exhibit D - Elevations.pdf, 5. Property Notifications.pdf, 6. PON.pdf, 7. Thoroughfare Plan Amendment Report.pdf, 8. PZ DRAFT MINUTES 9-8-14.pdf

From

Chris Hartmann

 

Title

Z140901/SU140901/CP140901 - Zoning Change/Specific Use Permit/Concept Plan - Avera (City Council District 1). Approval of a Zone Change from Planned Development 196 (PD-196) to a Planned Development for Light Industrial (LI) uses, a Specific Use Permit for Outside Storage, and a Concept Plan for a 345,150 square-foot distribution center on 18.82 acres AND an amendment of the Master Transportation Plan related to the extension of Daja Lane to January Lane.  The subject properties (Joseph C Reed Abst 1729 TR 4.3, 4.5 and TR 4.6, P H Ford ABST 1711 TR 3 and TR 3.5) are located on the northwest corner of N Highway 161 and January Ln and within the SH-161 Overlay District. The agent is Rick Kight, Avera Companies, the owner is David O'Connor, Series Trust 120402, Lauren Butler, Pooled Funds Trust, Durward Moore, Grand Prairie Seriest Trust 2003-1, Durward Moore, 19th Street Trust, and C.M. Edwards, Daisy Field Trust. (On September 8, 2014, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0.)

 

Presenter

Chief City Planner Jim Hinderaker

 

Recommended Action

Approval

 

Analysis

SUMMARY:

 

Consider a request for approval of a Zone Change from Planned Development 196 (PD-196) to a Planned Development for Light Industrial (LI) uses, a Specific Use Permit for Outside Storage, and a Concept Plan for a 345,150 square-foot distribution center on 18.82 acres AND an amendment of the Master Transportation Plan related to the extension of Daja Lane to January Lane.  The subject properties (Joseph C Reed Abst 1729 TR 4.3, 4.5 and TR 4.6,  P H Ford ABST 1711 TR 3 and TR 3.5) are located on the northwest corner of N Highway 161 and January Ln and within the SH-161 Overlay District.

 

ADJACENT LAND USES AND ACCESS:

 

Direction

Zoning

Existing Use

North

PD-122, Light Industrial, PD-196

Multi-Family, Vacant Industrial, Vacant Commercial

South

PD-196

Vacant Commercial 

East

N/A

S.H. 161

West

PD-292 and MF-2

Townhomes and Multi-Family Residential

                     

PURPOSE OF REQUEST:                     

 

The applicant requests approval of a Planned Development (PD), Specific Use Permit, and Concept Plan, as well as a Master Transportation Plan amendment, to change the existing permissible uses of the property from commercial and general retail uses to industrial warehouse uses, with outside storage, intended to specifically allow for an approximate 350,000 square foot industrial warehouse facility with outside storage on 18.82 acres located at the NW corner of January Lane and S.H. 161.  The proposed Master Transportation Plan amendment is to eliminate the proposed future extension of Daja Lane through the subject property to January Lane.

 

PROPOSED CHARACTERISTICS AND FUNCTION:

 

Future Land Use Map

 

The subject property is designated as appropriate for Mixed Use on the Future Land Use Map (FLUM).  Mixed Use is defined as a mixture of retail, high density residential, personal service, and some limited office uses in a pedestrian oriented development.  The proposal is inconsistent with the FLUM.  Annually the City amends the FLUM to resolve conflicts between zoning and FLUM designations.   If approved, staff will recommend an amendment to the FLUM map of the Comprehensive Plan

 

Proposed Project Elements

 

Site and Building

The applicant, AVERA Companies, intends to develop the 18.82 acre tract of land located at the northwest corner of January Lane and the S.H. 161 as an industrial warehouse facility.  The proposed 345,150 square foot warehouse is intended to house a single tenant, but will be designed to house up to three (3) tenants. To accommodate the potential for multi-tenant use, the warehouse façade will include three (3) distinct office entrances and approximately 46 south facing dock doors.  The facades of the building will be a combination of concrete tilt wall, glass, stone and metal accent panels in keeping with the design standards of the S.H. 161 Corridor Overlay.

 

Access and Parking

Access is proposed from both January Lane and from the S.H. 161 Frontage Road.  However, according to the applicant, the S.H. 161 Frontage Road access will be limited to passenger vehicles. It is expected that truck traffic will enter and exit the facility via January Lane and travel to and from the facility primarily uses S.H. 16.  Outdoor storage is limited to truck and trailer parking.  The facility will have 34 trailer parking spaces located at the south side of the building running parallel with January Lane.  An additional 187 passenger vehicle parking spaces are also proposed that are located primarily along the east and west sides of the building. The proposed parking slightly exceeds the number of parking spaces required based on the proposed size and use of the facility.

 

A key transportation issue that must be addressed for the continued viability of the proposed development is the fact that the Grand Prairie Thoroughfare Plan recommends that Daja Lane should be extended from its current termination to January Lane.  This roadway extension would divide the subject property in half thus preventing this development from moving forward.   The applicant has requested that the city consider an amendment to the Thoroughfare Plan to eliminate this extension.  To that end, the applicant commissioned Larry W. Cervenka, P.E. of Binkley & Barfield / C & P Consulting Engineers to generate a thoroughfare study to determine if the extension of Daja Lane is necessary. The report recommended that Daja Lane should not be extended, but rather should terminate in a cul-de-sac.  The City Transportation Department is supportive of the findings of the consultant, and recommends that the Grand Prairie Thoroughfare Plan be amended as such.

 

Fencing and Landscaping

According to the applicant, for security purposes the property will be fully enclosed with a perimeter fence and security gates at all access points. On-site security guards may be provided depending on the needs of future tenants. Additional, to mitigate potential issues with the neighboring residential developments to the west and north, the applicant is proposing the use of wing wall on the west and east sides of the building to buffer the any noise produced by the trucks in the loading areas. The required 30-foot landscape buffer between all parking and drive areas and the right-of-way lines along public streets is provided along January Lane and S.H. 161 Frontage Road. Additional, a 15-foot landscape buffer is provided along the west and north property lines that abut residentially zoned properties. Please note, as is consistent with conceptual plans, the submitted fencing and landscaping information is not complete nor a detailed representation of the minimum requirements.  The applicant has indicated that it is their intend to fully comply with the minimum standards of the UDC and S.H. 161 Corridor Overlay.

 

Dumpster Enclosure

A dumpster screening enclosure is proposed to be located at the northwest corner of the property. 

 

DEVELOPMENT Standards:

 

The proposed development shall be subject to all use limitations and development standards contained within the Light Industrial (LI) District of the UDC, as may be amended from time to time.  The proposed development shall also be subject to the State Highway 161 Corridor Overlay District Development Standards.

 

The applicant proposes to meet all of the development standards of the Planned Development zone district and the development standards of the S.H. 161 Corridor Overlay District.  No appeals have been requested.  The accompanying conceptual plans are intended to provide a general illustrative representation of the proposed development and are not intended to be a definitive representation of the final development plan.  A formal Site Plan application is required for review and approval by the city prior to the issuance of any building permits.  In addition, the subject property will need to be platted prior to the issuance of any building permits.

 

 

RECOMMENDATION:

 

The Development Review Committee recommends approval of the Zone Change, Specific Use Permit, Concept Plan, and Master Transportation Plan amendment subject to staff comments.

 

 

Body

 

AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY, AND USE OF A CERTAIN PROPERTY TO GRANT A ZONING CHANGE FROM PLANNED DEVELOPMENT 196 (PD-196) FOR COMMERCIAL AND GENERAL RETAIL USES TO PLANNED DEVELOPMENT FOR INDUSTRIAL WAREHOUSE USES, A SPECIFIC USE PERMIT FOR OUTSIDE STORAGE, AND APPROVAL OF A CONCEPTUAL PLAN ON 18.82 ACRES LOCATED WITHIN P.H. FORD SURVEY, A-1711 AND THE JOSEPH C. REED SURVEY, A-1729, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, AND AS MORE FULLY DESCRIBED BELOW; 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 herein 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 change the zoning designation of said property from Planned Development 196 (PD-196) for Commercial and General Retail uses to Planned Development for Industrial Warehouse uses; and

 

WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on September 8, 2014 after written notice of such public hearing before the Planning and Zoning Commission on the proposed zoning change had been sent to owners of real property lying within 300 feet of the property on which the zoning change from Planned Development 196 (PD-196) for Commercial and General Retail uses to Planned Development for Industrial Warehouse uses, a Specific Use Permit for Outside Storage, and approval of a Conceptual Plan 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 8 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to allow a zoning change from Planned Development 196 (PD-196) for Commercial and General Retail uses to Planned Development for Industrial Warehouse uses, a Specific Use Permit for Outside Storage, and approval of a Conceptual Plan; 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 16, 2014, 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 zoning change and the City Council of the City of Grand Prairie, Texas, being informed as to the location and nature of the 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 from its classification of from Planned Development 196 (PD-196) for Commercial and General Retail uses 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 Zoning Ordinance and Map 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 WTIHA COMPREHENSIVE PLAN…”

 

being passed and approved November 20, 1990, as amended, is hereby further amended so as to change the zoning district from its classification from Planned Development 196 (PD-196) for Commercial and General Retail uses to Planned Development for Industrial Warehouse uses and described as shown on the approved zoning exhibit labeled as Exhibit A - Legal Description and Exhibit B - Location Map, which are incorporated herein by reference. 

 

                     

SECTION 2. Purpose and Intent

 

The purpose of this Planned Development District is to provide the appropriate restrictions and development controls to permit the development of the industrial warehouse in a manner compatible with the surrounding development and zoning and in compliance with the City’s Comprehensive Plan and the Unified Development Code.

.

 

SECTION 3. Development Standards

 

1.                     The Industrial Warehouse Development shall be in substantial conformance with Exhibit C - Conceptual Plans and Exhibit D - Elevations, attached hereto.  

 

2.                     The Industrial Warehouse Development shall conform to the development standards of the Light Industrial (LI) District of the Unified Development Code, as may be amended.

 

3.                     The Industrial Warehouse Development shall conform to the development standards of the Appendix T: S. H. 161 Overlay District and Appendix F: Corridor Overlay District Standards of the Unified Development Code. 

 

4.                     Where there is conflict between the conceptual plans/building elevations and the standards of the Unified Development Code, including Appendix F and T, the standards of the Unified Development Code shall prevail.

 

5.   In conformance with Exhibit C - Conceptual Plan, all ingress/egress of the subject property shall be limited to the proposed two (2) access points on January Lane and one (1) point on the State Highway 161 service road .  The westerly most access point on January Lane shall primarily used for truck ingress and limited truck egress with full ingress/egress allowed for passenger vehicles.  The easterly most access point on January Lane shall also be primarily used for truck ingress and egress, with full ingress/egress allowed for passenger vehicles. The State Highway 161 service road access is primarily intended for ingress/egress of passenger vehicles.

 

6.                     As January Lane is posted as a no truck route, all trucks exiting the subject property onto January Lane shall turn left (eastbound on January Lane) only.

 

7.                     Outside storage is limited to the parking of trucks and trailers in accordance with Exhibit C - Conceptual Plan.

 

 

SECTION 4: 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 Industrial Warehouse Uses with Specific Use Permit for Outside Storage; 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 the Site Plan 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 5.

 

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 6.

 

All ordinances or parts of ordinances in conflict herewith are specifically repealed.

 

 

SECTION 7.

 

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 16th DAY OF SEPTEMBER, 2014.

 

ORDINANCE NO.  9758-2014

PLANNED DEVELOPMENT NO. 347

SPECIFIC USE PERMIT NO. 942

CASE NO. Z140901/SU140901/CP140901