From
Chris Hartmann
Title
SU160203 - Specific Use Permit - Gemini Coatings (City Council District 1). Approve a specific use permit to operate a hazardous industrial use. The 4.28-acre property, located at 2350 114th Street is zoned Light Industrial (LI) district. The applicant is Maxwell Fisher, Masterplan Consultants and the owner is Jason Melton, Gemini. (On February 1, 2016, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
SUMMARY:
Consider a request to approve a specific use permit to operate a hazardous industrial use. The 4.28-acre property, located at 2350 114th Street is zoned Light Industrial (LI) district.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Use |
|
North |
LI and within Great Southwest Golf Course |
Industrial |
|
South |
LI and within Great Southwest Golf Course |
Industrial |
|
East |
LI and within Great Southwest Golf Course |
Industrial |
|
West |
LI and within Great Southwest Golf Course |
Industrial |
PURPOSE OF REQUEST:
The applicant is requesting approval of a specific use permit (SUP) to operate a hazardous industrial use in an existing industrial building on 4.28 acres. The subject site is currently zoned LI district and is within the Great Southwest Industrial District.
BACKGROUND:
On December 15, 2015, an application for a specific use permit approval was submitted for consideration.
On January 21, 2016, a Development Review Committee (DRC) meeting was held. Staff met with the applicant to discuss the proposal. The proposal was cleared to move forward subject to conditions found in the recommendation section of this report.
On January 18, 2016, legal notice was mailed to affected property owners and notice of the upcoming public hearing was published in the Fort Worth Star Telegram.
On February 1, 2016, the item is scheduled to be heard by the Planning and Zoning Commission.
On February 16, 2016, the item is scheduled to be heard by the City Council.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map (FLUM) of the 2010 Comprehensive Plan designates this area as Light Industrial (LI) uses. The proposed use is consistent with the FLUM designation.
ZONING REQUIREMENTS
Gemini Industries, a chemical manufacturing company which manufactures and distributes wood coating products and lacquer-based products, has relocated to Grand Prairie and is occupying an existing building previously occupied by a paint/stain company (Valspar). This use is classified as a Hazardous Chemical Manufacturing use by Article 4 of the Unified Development Code. Hazardous Chemical Manufacturing uses are permissible in the Light Industrial District with approval of a Specific Use Permit from the City Council.
REQUESTED APPEALS BY APPLICANT:
No appeals have been requested as part of this proposal.
RECOMMENDATION:
The DRC recommends approval of the request for a Specific Use Permit to allow operation of a Hazardous Chemical Manufacturing use subject to the recommendations of the Development Review Committee.
ENGINEERING/FLOODPLAIN: Stephanie Griffin/Chris Agnew/Brent O’Neal (972) 237-8141
M. 1. The FEMA FIRM information is correct. Add a statement that no chemicals are allowed to be stored within the 500-year floodplain.
ENVIRONMENTAL SERVICES: Terri Blocker, (972) 237-8461
1. OBTAIN INDUSTRIALWASTEWATER DISCHARGE PERMIT AT LEAST 60 DAYS PRIOR TO PLANNED DISCHARGE.
2. MUST MAINTAIN COMPLIANCE WITH ALL FEDERAL, STATE AND LOCAL ENVIRONMENTAL REGULATIONS.
3. FACILITY MUST MAINTAIN TCEQ REGISTRATIONS AT ALL TIMES FOR STORAGE OF REGULATED WASTE.
4. MUST HAVE SUFFICIENT SECURITY MEASURES TO PREVENT UNAUTHORIZED ACCESS TO THE FACILITY.
5. MUST BE IN COMPLIANCE WITH FEDERAL, STATE AND LOCAL PRETREATMENT REGULATIONS.
6. FACILITY IS PROHIBITED FROM PRODUCING OFFENSIVE ODORS AND MUST COMPLY WITH CITY NOISE ORDINANCE.
7. MUST PROVIDE DOCUMENTATION THAT PROVES TECHNOLOGY AND EQUIPMENT HAVE BEEN APPROVED BY APPROPRIATE REGULATORY AGENCIES.
8. UPDATED EMERGENCY SPILL PLAN MUST BE KEPT ON FILE AT ALL TIMES
9. MUST MAINTAIN CONTRACT WITH EMERGENCY RESPONSE COMPANY ACCEPTABLE TO CITY STAFF AND POST NAME AND PHONE NUMBER ON FRONT WINDOW.
10. FACILITY MUST PRATICE ALL BEST MANAGEMENT PRACTICES LISTED IN ITS STORM WATER POLLUTION PLAN
11. FACILITY MUST COMPLY WITH ARTICLE X. CROSS- CONNECTION CONTROL AND PREVENTION ORDINANCE AND TEST DEVICES ANNUALLY.
FIRE DEPARTMENT: Joel Anderson, (972) 237-8300
M. 1. Show areas where flammable and combustible liquids are stored, handled, dispensed or mixed. Give the amounts of flammable and combustible liquids that are stored in these areas.
M. 2. Show fire hydrants.
M. 3. Knox key switches and locks will be required on gates.
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 HAZARDOUS CHEMICAL MANUFACTURING USE IN THE LIGHT INDUSTRIAL (LI) AND GREAT SOUTHWEST INDUSTRIAL OVERLAY DISTRICTS TO WIT: BEING A 4.28-ACRE PROPERTY DESCRIBED AS LOT 3, BLOCK 5, OUT OF THE INDUSTRIAL COMMUNITY, NO. 7, GREAT SOUTHWEST INDUSTRIAL DISTRICT ADDITION, IN THE CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, AND BEING ADDRESSED AS 2350 114TH SREET; 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 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 hazardous chemical manufacturing use; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on February 1, 2016, 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 hazardous chemical manufacturing use 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 hazardous chemical manufacturing use; 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 February 16, 2016, 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 987 for the property addressed as 2350 114th Street, depicted in Exhibit C - Location Map, and legally described as Lot 3, Block 5, of the Industrial Community, No. 7, Great Southwest Industrial Addition.
SECTION 2.
Specific Use Permit
FOR OPERATION OF A HAZARDOUS CHEMICAL MANUFACTURING USE - IN LIGHT INDUSTRIAL (LI) DISTRICT. The following conditions are hereby established as part of this ordinance:
A. All operations shall conform to the Planning and Zoning Commission specific use permit and operational plan for case number SU160302, as approved.
B. Applicant shall obtain industrial wastewater discharge permit at least 60 days prior to planned discharge.
C. Applicant shall maintain compliance with all federal, state, and local environmental regulations.
D. The facility shall maintain TCEQ registrations at all times for storage of regulated waste.
E. The facility shall have sufficient security measures to prevent unauthorized access to the facility.
F. The facility shall be in compliance with federal, state, and local pre-treatment regulations.
G. The facility shall be prohibited from producing offensive odors and must comply with the City noise ordinance.
H. The applicant shall provide documentation that proves technology and equipment have been approved by appropriate regulatory agencies.
I. The facility shall have updated emergency spill plan kept on file at all times.
J. The applicant shall maintain contract with emergency response company acceptable to City Staff and post name and phone number on front window.
K. The facility shall practice all best management practices listed in its Storm Water Pollution Plan.
L. The facility shall comply with Article X. Cross-Connection Control and Prevention Ordinance and test devices annually.
SECTION 3.
Compliance
All development must be in substantial conformance with Exhibit A - Site Plan, Exhibit B - Operational Plan, of this ordinance, which are herein incorporated by reference.
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. Furthermore, by this Ordinance, the City Council shall conduct a public hearing one (1) year after City Council approval of this Specific Use Permit to confirm compliance with all applicable codes which shall include, but not be limited to, the requirements of this 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.
4. 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.
5. The Certificate of Occupancy shall note the existence of this Specific Use Permit by its number and title.
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 16st of FEBRUARY, 2016.
ordinance no. 10010-2015
specific use permit no. 987
case no. su160203