From
Chris Hartmann
Title
SU140701 - Specific Use Permit - Acker Transportation Services (City Council District 1). Approval of a Specific Use Permit for Truck Equipment Sales and Service with Outside Storage on 4.207 acres. The subject property, addressed as 400 E. Shady Grove, is zoned Light Industrial (LI) District and located west of N. Belt Line Road on the south side of E. Shady Grove. The applicant is Stephen Acker, Acker Transportation Services and the owner is A. R. Taylor. (On July 7, 2014, the Planning and Zoning Commission recommended approval of this request by a vote of 5-1. The City Council tabled this item on July 15, 2014.)
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
SUMMARY:
Consider a request for the approval of a Specific Use Permit for Truck Equipment Sales and Service with Outside Storage on 4.207 acres. The subject property, addressed as 400 E. Shady Grove, is zoned Light Industrial (LI) District and located west of N. Belt Line Road on the south side of E. Shady Grove.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Use |
|
North |
Single Family-Three (SF-3) District and PD-2 (mobile home park) |
Rocky Springs Baptist Church & Single Family Detached Residential Uses & the San Grand Mobile Home Park |
|
South |
Light Industrial (LI) District |
Undeveloped land |
|
East |
Light Industrial (LI) District |
Vacant Land & the Bush Mobile Home Park |
|
West |
Light Industrial (LI) District |
Industrial/Undeveloped land |
PURPOSE OF REQUEST:
The applicant is requesting approval of a Specific Use Permit (SUP) to operate a commercial trailer sale and leasing facility with outdoor storage on 4.207 acres located at 400 E. Shady Grove.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The 4.207 acre subject property, anecdotally described as the “old Irving Impound Yard”, is located on the south side of E. Shady Grove Road, approximately 1,700 feet west of N. Belt Line Road. The property has sat vacant and unused for some time and consists of: two (2) metal structures - a 24ft x 65ft building and a 20ft x 142.5ft carport, respectively; a small wood shed (proposed to be removed; a concrete paving area (approx. 45ft x 140ft) located at the front of the property, with the balance of the surface property consisting of a mixture of degraded asphalt, gravel, and crushed stone material; a perimeter 6ft chain link fence with screening slates; an interior 6ft chain link fence without screening fence (to be removed); 3 light poles; a concrete dumpster pad; and a variety of existing landscaping (trees and shrubs). Water (including a fire hydrant) and sewer service is provided and/or accessible to the property.
The applicant proposes to use the property as a commercial trailer sale and lease facility with outside storage. The facility, operated with three (3) business partners, will have two (2) to three (3) employees on site. The facility will be set up to handle up to 109 trailers, but it is anticipated that the typical total number of trailers located on the site will be more in the range of 20 to 40 trailers. The trailers will be parked/stored in the rear 2/3rds of the property behind the existing metal carport and 6ft chain link fence with screening slates. Access and circulation to the trailers will be provided by internal access lanes (approx. 63ft. wide) that will double as fire lanes. The facility will have one (1) yard truck to move the trailers. While no trailer parking is proposed outside the screened area, the applicant proposes that “after-hour” trailer drops will be temporarily stored (not to exceed 72 hours) in the front area of the property. Proposed hours of operation are Monday - Friday from 8:00 AM to 5:00 PM.
UDC (Section 6.16.1) requires buildings in the Light Industrial (LI) District, and adjacent to a designated arterial thoroughfare, to be 100% masonry or glass and providing that 15% of the front façade include an accent masonry material, texture, or color.
The property will need to be platted prior to the issuance of any building permits. A floodplain development permit may also be necessary prior to any construction permit or use of the site.
Access and Parking:
There is an existing single access approach, located at the north property line and approximately at the center of the property, from the property to E. Shady Grove Road that provides access to the public road system. The driveway approach is approximately 30ft wide that flares to approximately 70ft. The front gate is setback approximately 140ft from the ROW line. The following table highlights the parking requirements and proposed number of parking spaces provided.
|
Building Area |
Parking Rate |
Required |
Provided |
Meets |
|
1560 sq ft |
1 sp/325 sq ft |
5 |
11 |
Yes |
Dimensional Requirements:
The subject property is zoned Light Industrial (LI). The following table provides detailed dimensional requirements in the Light Industrial (LI) District.
|
Standard |
Required |
Provided |
Meets |
|
Minimum Site Area |
15,000 sf |
183,238 sf |
Yes |
|
Minimum Lot Width |
100 ft |
341 ft. |
Yes |
|
Minimum Lot Depth |
150 ft. |
484.65 ft. (min.) |
Yes |
|
Front Yard |
25 ft |
65 ft. |
Yes |
|
Side Yard |
10 ft |
7.5 ft. |
No |
|
Rear Yard |
25 ft |
330 ft. |
Yes |
The westerly end of the existing carport structure encroaches into the west side yard setback by 2.5 feet. No changes are proposed.
Landscape:
The minimum landscape requirement of the subject site is governed by Article 8 the UDC. Specifically, in the Light Industrial Zone District, a minimum of 4 % of the property must be landscaped of which 75 % is required to be located in the front yard between the building line and the front property line. Street trees are also required and are to be spaced at a minimum spacing of 25-feet and a maximum spacing of 50 feet. Existing trees may be used to fulfill tree‐planting requirements in pertaining to screening and landscaping if such trees are in a healthy and growing condition. When existing trees are used to fulfill screening and landscape requirements, their locations shall be accepted and the formal spacing requirements of the screening and landscape standards may be waived.
The required landscape area is 7,329.52sf (4% of 183,238sf). The applicant states that the existing landscape area totals 7,740 sf, which is based on the area located in front of the existing 6ft chain link fence and 25ft front building line.
REQUESTED APPEALS BY APPLICANT:
1. Concrete Paving - The UDC (Section 10.4.1-3) requires all non-residential private access drives, fire lanes, and parking lots to be concrete. The applicant is proposing that the storage yard consist of existing materials (asphalt, gravel and crushed stone) primarily due to the thickness of the existing material and its current ability to support emergency vehicles. In accordance with Section 10.4.6 of the UDC, alternative pavement types may be approved as an exception to the concrete standard by the City Engineer, but the alternative must be structurally equivalent to the minimum required concrete section and the design and specifications must be developed, signed and sealed by a licensed professional engineer and submitted to the city engineer for approval.
2. Fencing - The UDC (Section 8.9.6.A) requires all outside storage to be screened with a “Type 3” fence (wood) on property lines adjacent to any uses except single family detached, single family attached, two-family, and multi-family residential uses or for any outside storage within 40 feet of a street right-of-way line. The adjacent properties: to the south, east, and west are zoned Light Industrial (LI) District and to the north SF-3 and PD-2. A “Type 1” fence (masonry) is required along the street right-of-way line for any outside storage less than 40 feet from the property line. In addition, opaque screening fences for outside storage must be setback a minimum of 25 feet from any street right-of-way line. The applicant is proposing to utilize the existing 6-foot chain link fence with screening slates as shown on the Site Plan. The proposal does not meet the minimum requirements of the UDC.
3. Dumpster Screening - The UDC (Section 8.9.7.2) requires areas reserved for refuse storage to be screened by a solid non-transparent masonry wall similar in material to the main structure and shall have a screening gate, which shall remain closed except when being serviced. Recycling and dumpster areas shall be located no closer than 20 feet to an adjacent residentially zoned property and shall not be located within any required building setback along a street right-of-way. The screening gate side shall be concealed from eye-level public view from all areas of a public street right-of-way and from eye level public view of any residentially zoned property. The applicant is proposing to utilize the existing 6-foot chain link fence with screening slates as shown on the Site Plan. The proposal does not meet the minimum requirements of the UDC.
RECOMMENDATION:
Since the applicant is requesting the above noted appeals, the Development Review Committee is not able to recommend approval of this case as no compensatory measures have been provided. However, should the City Council take action to accept said appeals, staff does not oppose the proposed use of the property.
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 SPECIFIC USE PERMIT FOR A COMMERCIAL TRAILER SALES AND LEASING FACILITY W/OUTSIDE STORAGE IN THE LIGHT INDUSTRIAL (LI) DISTRICT, TO WIT: BEING ALL OF THE CITY OF IRVING AUTO POUND ADDITION, AND ADDITION TO THE CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED BELOW, AND BEING ADDRESSED AS 400 E. SHADY GROVE; 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 amend the zoning designation of said site to include a Specific Use Permit for a Commercial Trailer Sales and Leasing Facility w/Outdoor Storage in the Light Industrial (LI) District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on July 7 , 2014, 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 Commercial Trailer Sales and Leasing Facility w/Outdoor Storage in the Light Industrial (LI) 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 5 to 1 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 Commercial Trailer Sales and Leasing Facility w/Outdoor Storage in the 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 July 15, 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 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..."
passed and approved November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit numbered 938 for the property location as shown in Exhibit A - Location Map and as legally described in Exhibit B - Legal Description attached hereto.
SECTION 2.
Specific Use Permit
FOR THE OPERATION OF A COMMERCIAL TRAILER SALES AND LEASING FACILITY W/OUTDOOR STORAGE IN THE LIGHT INDUSTRIAL (LI) DISTRICT; with the following conditions hereby established as part of this ordinance:
1. The Commercial Trailer Sales and Leasing Facility w/Outdoor Storage in the Light Industrial (LI) District shall be in substantial conformance with the statement of operations attached hereto as Exhibit E - Operational Plan, the Site Plan and Landscape Plan attached hereto as Exhibit C - Site Plan and Exhibit D - Landscape Plan.
2. The existing access approach from the subject property to E. Shady Grove, specifically as the driveway tapers wider at the roadway, shall be repaired, per city specifications, prior to the issuance of a Certificate of Occupancy. This requirement is intended to ensure that all semi-tractor trailers and other long vehicles do not turn onto unpaved surfaces when entering or leaving the property.
3. No parking or storage of commercial trailers and/or other vehicles and equipment shall be permitted on the northwest corner of the subject property, more specifically the open area located west of the existing concrete access lane and north of the existing metal carport and screening fence, and as labeled as the Temporary Storage Area as shown on Exhibit C - Site Plan.
4. The proposed dumpster location, the southwest corner of the Temporary Storage Area as shown on Exhibit C - Site Plan, shall be relocated to an area inside of the screening fence. The standard dumpster screening enclosure, as required by Section 8.9.7.2 of Article 8 of the Unified Development Code, is hereby waived.
5. Concrete paving of the storage yard, as required by Section of 4 of Article 10 of the Unified Development Code, is hereby waived, provided that the Grand Prairie Fire Marshal attests, prior to the issuance of a Certificate of Occupancy, that the existing deteriorated asphalt, gravel and crushed stone storage yard surface is of a thickness and stability to support (a) 60,000 lbs. emergency vehicle(s).
6. In lieu of surface striping of fire lanes on the unpaved storage yard, fire lane signage shall be provided, as determined sufficient by the Grand Prairie Fire Marshal, prior to the issuance of a Certificate of Occupancy.
7. A Knox Box, as determined sufficient by the Grand Prairie Fire Marshal, shall be added to the entrance gate of the storage yard prior to the issuance of a Certificate of Occupancy.
SECTION 3.
Compliance
All development must conform to the approved Development Plans, which are herein incorporated by reference.
1. Furthermore, by this SUP Ordinance, this Specific Use Permit shall automatically terminate if a Certificate of Occupancy is not issued for a Commercial Trailer Sales and Leasing Facility w/Outdoor Storage in the Light Industrial (LI) District within six (6) months after City Council adoption of this Ordinance, or upon cessation of the use for a period of six (6) months or more.
2. 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.
3. 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.
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 19th of august, 2014.
Ordinance No. 9746-2014
Specific Use Permit No. 938
Case No. SU140701