From
Chris Hartmann
Title
Z120902/SU080802A - Zoning Change/Specific Use Permit - 425 S.E. Dallas Street (City Council District 5). Approval of a Zoning Change from Commercial (C) District, Central Area (CA) District and Single Family-Four (SF-4) District to Planned Development (PD) District with chemical etching operations as an associated use by Specific Use Permit. The site is a part of an existing manufacturing facility located on 1.35 acres. The site is zoned Commercial (C) District, Central Area (CA) District, and Single Family Four (SF-4) District, and is generally located west of S.E. 5th Street and south of S.E. Dallas Street. The owner/applicant is Harris Manufacturing. (On September 10, 2012, the Planning and Zoning Commission recommended approval of this request by a vote of 6-0.)
Presenter
Director of Planning and Development Bill Crolley
Recommended Action
Approve
Analysis
SUMMARY:
Consideration of a request for approval of a Zoning Change from Commercial (C) District, Central Area (CA) District and Single Family-Four (SF-4) District to Planned Development (PD) District for Commercial uses, with Specific Use Permit for photo-chemical etching and machining. The site is an existing manufacturing facility located on 1.35 acres. The site is zoned Commercial (C) District, Central Area (CA) District, and Single Family-Four (SF-4) District, and is generally located west of S.E. 5th Street and south of S.E. Dallas Street.
ADJACENT LAND USES AND ACCESS:
North - To the north is S.E. Dallas Street classified on the Master Transportation Plan (MTP) as L2U, (local street, two lane undivided). Across S.E. Dallas Street properties are zoned Central Area (CA) and are developed with residential uses.
South - To the south is Grand Prairie Road, it is not classified on the Master Transportation Plan (MTP) but is constructed as a four lane undivided roadway. To the south across Grand Prairie Road is property owned by Grand Prairie Independent School District and is developed with Lee Elementary School.
East - Properties to the northeast are zoned Central Area (CA) District and are partially developed with residential uses. Properties to the southeast are zoned Single Family-Four (SF-4) District and are partially developed with residential uses.
West - Properties to the northwest are zoned Central Area (CA) District and are developed with commercial uses. Property to the southwest is zoned Commercial (C) District and is developed with a metal type building and is occupied with a mattress manufacturer.
PURPOSE OF REQUEST:
To modify the mixed zoning from Commercial (C) District, Central Area (CA) District and Single Family-Four (SF-4) District to Planned Development (PD) District for uses allowed in the Commercial (C) District with specific photo-chemical etching operations as an associated use by Specific Use Permit.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The proposed Business will operate as Harris Manufacturing, which functions as a manufacturer of metal parts using a photo-chemical and machining process. The existing 28,567 square-foot concreted block building with exterior metal siding was previously used by RKR Manufacturing as a welding and machine shop. There was a previous SUP issued for its welding operations which has expired. It is located on property that is composed of several lots and tracts totaling 58,937 square feet or 1.353 acres. The on-site parking and drive are constructed of concrete which meets current city standards. A small amount of landscaping was installed on the south side of the building adjacent to Grand Prairie Road.
The main entry to the building will be from the north where reception, offices, files storage and the CAD lab are located. Just south of the offices are the etching, stripping, cleaning and storage areas.
Chemical waste storage shown to be located on the north half of the building west side. The Fire Marshal has determined that all areas of chemical storage, usage, loading or unloading is considered an H-4 occupancy and must incorporate appropriate ventilation, and fire extinguishing system as required by the 2009 International Fire Code (IFC). The south side of the building is used for the machine shop areas.
In the photo-chemical machining process, designs are etched onto sheets of metal which are then cut into sizes reflecting the image or part required by the customer. The metal sheets are then cleaned with an alkaline based soap, degreased, and submerged in an acid bath. This is done in a series of open tanks equipped with appropriate ventilation, and is followed by rinsing and drying.
The etching process is done in three forty-gallon open tanks containing a solution of ferric chloride and water, with a maximum concentration of 38% ferric chloride. The ferric chloride solution is changed out as needed, from daily, to weekly based on customer demand. The waste ferric chloride solution and rinse water is collected into a double walled 6,500 gallon tank located inside the building. The waste ferric chloride is collected in the holding tank for no more than 90 days at which point it is unloaded by vacuum truck and transported to an approved waste disposal facility where heavy metals are removed and the chemicals are recycled.
Based on operations approximately 1,000 gallons of ferric chloride waste is collected per month. The relative concentration of ferric chloride in the water is estimated to be a maximum of 28%. The waste extraction process occurs inside the building by a vacuum truck. The connection hose uses specialized connectors and a specific vacuum process to check the connections prior to beginning pumping. The hose runs from the double walled storage tank to the vacuum truck. Specific processes and spill procedures are in place during loading and off-loading of the waste.
The chemicals used are corrosive and are considered hazardous but present no fire or explosive risk. The principal chemicals used are sulfuric acid and ferric chloride is a corrosive agents and presents a significant environmental hazard. The building type is considered an H-4 (industrial ) classification and will require a fire extinguishing system to be installed of a type that will be reviewed and approved by Grand Prairie Fire Administration. The Environmental Services Department has worked with the applicant for several years an monitors their waste discharge, and compliance with the facility’s Spill Protection Plan.
The company employs 13 full time employees and expects that number to increase to 16 in the next couple of years. Their hours of operation are from 8:00 a.m. to 5:00 p.m. Monday through Friday.
ZONING HISTORY:
The property was annexed to the city in 1940 by Ordinance 1940. It is currently zoned as Central Area (CA), Commercial (C), and Single Family-Four (SF-4) District. The previous business RKR Manufacturing had an SUP (S-435) for a welding shop at 418 Grand Prairie Road. Staff has determined that the existing zoning has been in place since 1970.
CONFORMANCE WITH COMPREHENSIVE PLAN
The Future Land Use (FLU) Map designates this area for medium density residential development. Since the request is to change the current zoning to uses permitted in the Commercial (C) District staff has determined that the zoning change and use is not in conformance with the Future Land Use Map of the 2010 Comprehensive Plan. If approved this case will require an amendment to the FLU map of the 2010 Comprehensive Plan.
PROJECT’S VESTED STATUS:
This property has not been platted and is a 1.353 acre parcel designated as Tract 50, McKinney and Williams Survey, Abstract 1003, Dallas County, Texas. The date of the original application submittal for this Zoning Change and Specific Use Permit request is July 11, 2008. The case was tabled pending resolution of Environmental Services Department and TNRCC conditions. The current renewal application date is July 7, 2012.
Vesting established by the Final Plat is deemed void since no plat has been filed. However, submittal of the original Specific Use Permit application will vest this project to development standards in place as of the date of application submittal of July 11, 2008.
REQUESTED APPEALS BY APPLICANT:
No appeals are being requested by the applicant.
RECOMMENDATION:
The applicant originally submitted this case in July of 2008. At that time there were many issues of concern that were raised about the proposed location and their existing location at 309 S.E. 14th Street. The applicant had purchased this property from RKR Manufacturing to consolidate both their machining facility with the photo-chemical etching business. After a fire in 2008 the applicant has permitted construction projects on the property to rebuild the facility for the proposed uses,
Because of the environmental hazards associated with the chemicals and processes proposed at the facility, the Development Review Committee is not able to recommend approval of this case. It is not a recommended zoning practice to place hazardous uses adjacent to existing residential development and an elementary school .
However, the applicant has demonstrated a knowledge of the hazards and regulations in place for managing the risks associated with his business. He has worked with the Environmental Services Department, Building Inspections, Fire Administration and the Planning Division.
The following provisions as may be consider the following measures that could potentially lessen the impact of the proposed use.
1. The applicant has worked with Environmental Services Division since 2008 to verify compliance with local, state, and federal pretreatment regulations. (40 CFR403)
2. The applicant has agreed to provide a fire suppression system in the designated H-4 occupancy designed by an engineer certified in hazardous fire control. Any system must meet the 2009 International Fire Code and be approved by Fire Administration.
3. The applicant must provide sufficient security measures to prevent unauthorized access to the facility.
4. The applicant shall provide an updated Emergency Spill Plan on file at all times.
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 TO GRANT A ZONING CHANGE FROM CENTRAL AREA (CA), COMMERCIAL (C), AND SINGLE FAMILY-FOUR (SF-4) DISTRICT TO A PLANNED DEVELOPMENT (PD) DISTRICT FOR ALL USES PERMITTED IN THE COMMERCIAL (C) DISTRICT, AND A SPECIFIC USE PERMIT FOR A PHOTO-CHEMICAL ETCHING & MACHINING OPERATION; TO WIT: BEING 1.35 ACRES AND BEING A PART OF BLOCK 5, TRACTS 1, 2, & 3, OUT OF THE D.M. MILLER ADDITION, AND A SINGLE TRACT OF LAND DESCRIBED IN DEEDS TO RKR MANUFACTURING, PARCELS BEING ADDRESSED AS 415 DALLAS STREET, 418 GRAND PRAIRIE ROAD, AND 313 SE 5TH STREET, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS; SAID ZONING MAP AND ORDINANCE BEING NUMBERED ORDINANCE 4779 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 July 17, 2012, 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 amend the zoning designation of said site from Central Area (CA), Commercial (C), and Single Family-Four (SF-4) District to a Planned Development (PD) District for all uses permitted in the Commercial (C) District, and a Specific Use Permit for a Photo-Chemical Etching & Machining Operation; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on September 10, 2012, 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 of 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 6 to 0 to recommend to the City Council of Grand Prairie, Texas, that the hereinafter described property be rezoned from its classification of Central Area (CA), Commercial (C), and Single Family-Four (SF-4) District to a Planned Development (PD) District for all uses permitted in the Commercial (C) District, and a Specific Use Permit for a Photo-Chemical Etching & Machining 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 Council Chambers, Grand Prairie City Hall, 317 W. College Street, at 6:30 o'clock P.M. on September 18, 2012 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 on November 20, 1990, as amended, is hereby further amended so as to is rezone the following described area from its classification of Central Area (CA), Commercial (C), and Single Family-Four (SF-4) District to a Planned Development (PD) District for all uses permitted in the Commercial (C) District, and is hereby further amended so as to establish a Specific Use Permit numbered 900 for a Photo-Chemical Etching & Machining Operation, for the property location described as follows:
Being 1.35 acres and being a part of Block 5, Tracts 1, 2, & 3, out of the D.M. Miller Addition, and a single tract of land described in deeds to RKR Manufacturing, parcels being addressed as 415 SE Dallas Street, 418 Grand Prairie Road, and 313 SE 5th Street, City of Grand Prairie, Dallas County, Texas, as shown on the Site Plan labeled as Exhibit ‘A’, which is incorporated herein by reference.
SECTION 2.
Specific Use Permit
FOR OPERATION OF AN PHOTO-CHEMICAL ETCHING OPERATION IN A PLANNED DEVELOPMENT (PD) DISTRICT FOR ALL USES PERMITTED IN THE COMMERCIAL (C) DISTRICT. The following conditions are hereby established as part of this ordinance:
1. All operations must conform to the City Council approved site plan and operational plan as shown in attached Exhibit ‘A’.
2. Any future improvements or modifications to the approved site and operational plan must be resubmitted to the City for review and approval.
3. Only the following chemicals may be used on site.
Ferric Chloride - 3000 gallons
Sulfuric Acid - 25 gallons
Soaps - 25 gallons
Acetone - 5 gallons
No other chemicals may be stored or used on the premises. Prior review and approval must be obtained from the City for all new hazardous chemicals used on the premises.
4. Outside storage is not permitted within a Commercial (C) District. Outdoor chemical storage is prohibited.
5. Operation shall maintain compliance with federal, state and local environmental regulations.
6. Obtain an industrial wastewater discharge permit at least 60 days prior to planned discharge.
7. Must practice all best management practices listed in the City’s Storm Water Pollution Prevention Plan.
8. Must have sufficient security measures installed to prevent unauthorized access to the facility.
9. Must maintain compliance with federal, state and local pretreatment regulations, specifically 40 CFR 403 and 40 CFR 413.
10. Facility is prohibited from producing offensive odors and must comply with the City Noise Ordinance.
11. Must provide documentation to the Environmental Services Department that proves technology and equipment have been approved by appropriate regulatory agencies.
12. An updated emergency spill plan must be kept on file at all times.
13. Must maintain contract with emergency response company acceptable to City staff and post name and phone number on front window.
14. Must obtain and comply with an industrial storm water permit or no exposure certification.
15. Must obtain air authorization from and comply at all times with the Texas Commission on Environmental Quality.
16. Secondary containment of 110% of the largest container around all outside chemical storage is required.
17. Chemical Etching is considered an H-4 classification for corrosives per the 2009 IBC. All “H” occupancies are required to have an automatic fire extinguishing system which is installed in conformance with the City’s current Fire Code. (2009 IFC)
18. All areas of H-4 occupancy as determined by the Fire Marshal and the Chief Building Official must maintain industry standard ventilation equipment and number of air changes as required per the 2009 Mechanical Code.
19. The facility must maintain an up to date Hazardous Material Management Plan (HMMP) on site and on file with Fire Administration at all times.
20. The facility must maintain an up to date Hazardous Material Inventory List (HMIL) on site and on file with Fire Administration at all times.
21. Only those processes and chemicals approved by the City of Grand Prairie, or those currently used by Harris Manufacturing are permitted by this SUP. Processes are limited to cleaning metals, machining, heating, lamination and etching. Any change of ownership, processes, or chemicals used on site which are not approved by the City may be considered as cause for SUP termination and revocation of the Certificate of Occupancy.
22. If no Certificate of Occupancy for the proposed use is issued within 6 months the Specific Use Permit will become void.
SECTION 3.
Compliance
COMPLIANCE - All development must conform to the approved site plan labeled as Exhibit “A”, which is incorporated herein by reference.
1. The Specific Use Permit (SUP) shall automatically terminate in accordance with Section 5.4.1 of the Unified Development Code if no Building Permit is issued for “Photo-Chemical Etching Operation” 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 Ordinance, the Specific Use Permit (SUP) shall automatically terminate if no Certificate of Occupancy is issued for “Photo-Chemical Etching Operation” within six (6) months after the issuance of a building permit.
a. If a building permit is not required for the use, the Specific Use Permit shall automatically terminate if no Certificate of Occupancy is issued for “Auto “Photo-Chemical Etching Operation” within six (6) months after City Council adoption of this Ordinance.
3. Furthermore, by this SUP Ordinance, the City Council shall conduct a public hearing one (1) year after City Council adoption 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.
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 18th DAY of SEPTEMBER, 2012.
ORDINANCE NO. 9405-2012
SPECIFIC USE PERMIT NO. 900
PLANNED DEVELOPMENT NO. 337
CASE NO. Z120902/SU080802A