Legislation Details

File #: 20-10495    Version: 1 Name: SU201001 - Marshal Renee Construction
Type: Ordinance Status: Adopted
File created: 10/19/2020 In control: Planning and Zoning Commission
On agenda: 11/17/2020 Final action: 11/17/2020
Title: SU201001 - Specific Use Permit - Marshal Renee Construction (City Council District 1). Specific Use Permit for a Contractor's Shop with Outside Storage. Lot 1, Block 1, Zac's Ridge Conference Center, City of Grand Prairie, Dallas County, Texas, zoned LI, within the SH-161 Corridor Overlay District, and addressed as 1771 Robinson Rd.(On October 26, 2020, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0).
Attachments: 1. Exhibit A - Location Map.pdf, 2. Attachment i - Existing Site Conditions.pdf, 3. PZ Draft Minutes 10-26-2020.pdf

From

Monica Espinoza, Executive Assistant

 

Title

SU201001 - Specific Use Permit - Marshal Renee Construction (City Council District 1).  Specific Use Permit for a Contractor's Shop with Outside Storage.  Lot 1, Block 1, Zac's Ridge Conference Center, City of Grand Prairie, Dallas County, Texas, zoned LI, within the SH-161 Corridor Overlay District, and addressed as 1771 Robinson Rd.(On October 26, 2020, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0).

 

Presenter

Savannah Ware, AICP, Chief City Planner

 

Recommended Action

Approve

 

Analysis

 SUMMARY:

Specific Use Permit for a Contractor's Shop with Outside Storage.  Lot 1, Block 1, Zac's Ridge Conference Center, City of Grand Prairie, Dallas County, Texas, zoned LI, within the SH-161 Corridor Overlay District, and addressed as 1771 Robinson Rd.

 

PURPOSE OF REQUEST:

The applicant is operating a Contractor’s Shop with Outside Storage at 1771 Robinson Rd.  A Contractor’s Shop with Outside Storage requires a Specific Use Permit when located within a Corridor Overlay District or within 300 ft. of residential zoning.  A Specific Use Permit is required at this location because the subject property is within the SH-161 Corridor Overlay District and adjacent to properties zoned Multi-Family One.

The purpose of the Specific Use Permit process is to identify those uses which might be appropriate within a zoning district, but due to either their location, functional or operational nature, could have potentially negative impact upon surrounding properties; and to provide for a procedure whereby such uses might be permitted by further restricting or conditioning them so as to eliminate such probable negative impacts.

ADJACENT LAND USES:

The following table summarizes the zoning designation and existing use for the surrounding properties.

Table 1: Zoning and Land Use

Direction

Zoning

Existing Use

North

MF-1

Overhead Power Lines

East

MF-1

Undeveloped

South

LI; MF-1

Undeveloped

West

LI

Fire Station, Printing Equipment & Supplies

 

PROPOSED USE CHARACTERISTICS AND FUNCTION:

In 2015, City Council approved a Specific Use Permit/Site Plan for a Multi-Purpose Special Event Center.  Construction for Zac’s Ridge was never completed.  In 2019, the applicant purchased the subject property.  The existing on-site improvements include two parking areas and a 13,400 sq. ft. building.

Marshal Renee Construction installs decorative pavers and ornamental iron and is currently storing materials on site.  Current operations include the use of heavy-duty diesel pick-up trucks, yard dump trucks, and flatbed bobtail trucks.  The existing driveways were not designed or constructed for heavy trucks.  Further expansion of operations may require improvement access points and the roadway to collector industrial standards.

RECOMMENDATION:

The Planning and Zoning Commission recommended approval of the request with staff conditions by a vote of 9-0.

The Development Review Committee (DRC) recommends approval with the following conditions:

1.                     The applicant shall submit final record drawings to the Engineering Division for processing and final acceptance before a Certificate of Occupancy will be released.

2.                     The applicant shall schedule and pass any remaining inspections with the Building Inspections Division before a Certificate of Occupancy will be released.

3.                     The applicant shall obtain a Certificate of Occupancy within 30 days of City Council approval of this request.

4.                     The applicant shall obtain City Council approval of a Site Plan for any additional construction or future expansion.

5.                     The applicant shall provide and install landscaping that meets current Appendix F standards within six months of City Council approval of the SUP.

6.                     The applicant shall make any driveway and roadway improvements needed to handle expanded business operations.  Transportation Department and Public Works Department will assess future expansion and determine requirements upon the formal submittal of the Site Plan development request.

7.                     The applicant shall post on-site signage to prevent heavy trucks from turning right to exit the site and travel northbound on Robinson Rd to connect to SH-161.

8.                     Heavy trucks shall use W Marshall Rd to connect to SH-161.

9.                     Any storage of materials under powerlines is prohibited.

10.                     Permanent screening of outside storage shall meet requirements in the Unified Development Code.

11.                     The area used for outside storage shall not exceed what is allowed by the UDC.

Body

AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS AMENDING THE ZONING ORDINANCE AND MAP BY SHOWING THE LOCATION, BOUNDARY, AND USE OF CERTAIN PROPERTY FOR A SPECIFIC USE PERMIT FOR A CONTRACTOR’S SHOP WITH OUTSIDE STORAGE WITHIN THE SH-161 CORRIDOR OVERLAY DISTRICT: BEING LOT 1, BLOCK 1, ZAC’S RIDGE CONFERENCE CENTER ADDITION, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS; 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; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

 

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 Contractor’s Shop with Outside Storage; and

 

WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on October 26, 2020, 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 Contractor’s Shop with Outside Storage 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, that said Zoning Ordinance and Map be amended to allow a Specific Use Permit for a Contractor’s Shop with Outside Storage; 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 9, 2020, 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 for a Contractor’s Shop with Outside Storage on Lot 1, Block 1, Zac’s Ridge Conference Center Addition, City of Grand Prairie, Dallas County, Texas, as depicted in Exhibit A - Location Map, attached hereto.

 

SECTION 2.  That the purpose of this Ordinance is to provide the appropriate restrictions and development controls that ensure this Specific Use Permit is compatible with the surrounding development and zoning and to also ensure that the development complies with the City’s Comprehensive Plan and Unified Development Code.

 

SECTION 3. That for development and operations of a Contractor’s Shop with Outside Storage, the following standards and conditions are hereby established as part of this ordinance:

 

1.                     The applicant shall submit final record drawings to the Engineering Division for processing and final acceptance before a Certificate of Occupancy will be released.

2.                     The applicant shall schedule and pass any remaining inspections with the Building Inspections Division before a Certificate of Occupancy will be released.

3.                     The applicant shall obtain a Certificate of Occupancy within 30 days of City Council approval of this request.

4.                     The applicant shall obtain City Council approval of a Site Plan for any additional construction or future expansion.

5.                     The applicant shall provide and install landscaping that meets current Appendix F standards within six months of City Council approval of the SUP.

6.                     The applicant shall make any driveway and roadway improvements needed to handle expanded business operations.  Transportation Department and Public Works Department will assess future expansion and determine requirements upon the formal submittal of the Site Plan development request.

7.                     The applicant shall post on-site signage to prevent heavy trucks from turning right to exit the site and travel northbound on Robinson Rd to connect to SH-161.

8.                     Heavy trucks shall use W Marshall Rd to connect to SH-161.

9.                     Any storage of materials under powerlines is prohibited.

10.                     Permanent screening of outside storage shall meet requirements in the Unified Development Code.

11.                     The area used for outside storage shall not exceed what is allowed by the UDC.

12.                     No later than 12 months following the issuance of a Certificate of Occupancy, the Specific Use Permit for a Contractor’s Shop with Outside Storage will be brought back to Council for review.  Any violation to this SUP or the Grand Prairie Code of Ordinances prior to this date will be grounds for City staff to introduce revocation proceedings against the Specific Use Permit established by this ordinance.

 

SECTION 4.  That the operations of a Contractor’s Shop with Outside Storage shall comply with the following:

 

1.                     By this Ordinance, this Specific Use Permit shall automatically terminate in accordance with Section 5.4.1 of the Unified Development Code if a Certificate of Occupancy is not issued for said use within one (1) year after City Council adoption of this Ordinance, or upon cessation of said use for a period of six (6) months or more.

 

2.                     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.

 

3.                     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.

 

4.                     The Certificate of Occupancy shall note the existence of this Specific Use Permit by its number and title.

 

5.   The operation of the facility shall be in strict compliance with all requirements of the Environmental Services Department, Building Inspections, Police Department and Fire Administration.

 

6.   Any unsafe or unauthorized operations or activities may be determined as grounds for revocation of the Specific Use Permit by the City Council.

 

SECTION 5.  That it is further provided that in the case a section, clause, sentence or part of this Ordinance shall be deemed or adjudicated 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.  That a violation of this Ordinance is a misdemeanor punishable in accordance with Section 1-8 of the Code of Ordinances of the City of Grand Prairie, Texas.  The penalty provided herein shall be cumulative of other remedies provided by State law, and the power of injunction as provided in Texas Local Government Code Section 54.016, as amended, may be exercised in enforcing this ordinance whether or not there has been a complaint filed. 

 

SECTION 7.  That the Unified Development Code of the City of Grand Prairie, as amended, shall be and remain in full force and effect save and except as amended by this Ordinance.

 

SECTION 8.  That the terms and provisions of this Ordinance are severable and are governed by Section 1-4 of the Code of Ordinances of the City of Grand Prairie, Texas.

 

SECTION 9.  That all ordinances or parts of ordinances in conflict herewith are specifically repealed.

 

SECTION 10.  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 17th of NOVEMBER, 2020.

 

ordinance no. 10937-2020

specific use permit no. 1098

case no. SU201001