From
Chris Hartmann
Title
SU191102/S191103 - Specific Use Permit/Site Plan - Chokas Transportation Services, 2960 Roy Orr Blvd (City Council District 1). Specific Use Permit for Heavy Truck Repair consisting of a 9,050 SF single-story building. All of Lot 3 and a portion of Lot 2, Block 1, Clean Machine Addition, City of Grand Prairie, Dallas County, Texas, 2.22 acres zoned LI, Light Industrial district and located within the SH 161 Overlay. The agent is Walter Nelson, Walter Nelson and Associates, the owner/applicant is Angelo Chokas. (On November 4, 2019, the Planning and Zoning Commission recommended approval of this request by a vote of 5-3).
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Denial
Analysis
SUMMARY:
Specific Use Permit for Heavy Truck Repair consisting of a 9,050 SF single-story building. All of Lot 3 and a portion of Lot 2, Block 1, Clean Machine Addition, City of Grand Prairie, Dallas County, Texas, 2.22 acres zoned LI, Light Industrial district and located within the SH 161 Overlay.
ADJACENT LAND USES AND ACCESS:
The following table summarizes the zoning designation and existing use for the surrounding properties.
|
Table 1: Adjacent Zoning and Land Uses |
|
Direction |
Zoning |
Existing Use |
|
North |
LI |
Car Wash/Truck Wash |
|
South |
LI; PD-39 |
Undeveloped |
|
East |
LI; PD-326 |
Undeveloped (zoning permits Light Industrial with Auto-Related Uses prohibited) |
|
West |
LI; MF-1 |
Undeveloped |
SITE HISTORY:
• February 17, 1987: Planning and Zoning Commission approved a Final Plat for Lots 1-3, Block 1, Clean Machine Addition. The site that is the subject of this request sits on all of Lot 3 and the south 235 feet of Lot 2.
• The extension of W Oakdale Rd. to Roy Orr was completed in 2017 and provides a potential southern access point for this site. Previously, access was limited to Roy Orr Blvd.
PURPOSE OF REQUEST:
The applicant intends to establish a Heavy Truck Repair use in the Light Industrial (LI) district. The use will consist of one 9,050 square foot single-story metal building along with a fenced and gated parking area behind the building.
The parking area will consist of concrete paving and fire circulation areas in which no vehicle parking will be allowed. The applicant proposes to use wrought iron fencing parallel to Roy Orr Blvd. and chain link fencing on the northern portion of the parking area. The east and south portions would be screened with a retaining wall a minimum of 4 feet in height.
An additional parking area in front of the building is for the use of customers.
SITE CHARACTERISTICS AND FUNCTION:
The 2.22 acre site has direct frontage on Roy Orr Blvd. but does not have direct access to the existing median opening. A provision has been made for a future cross access drive between the subject property and the car wash to the north but no cross access easement was established with the plat, meaning access would have to be negotiated with the property owner to the north.
To alleviate restricted truck turn movements onto Roy Orr, a second drive is proposed across city property to the Oakdale Road extension, which would require a license agreement with the city. Unlike the west drive, the south drive would provide access to southbound Roy Orr, but access from the site to SH 161 would require that a truck proceed north along Roy Orr to Trinity Blvd., or south to Carrier Pkwy.
ZONING REQUIREMENTS:
Density and Dimensional Requirements
Table 1 evaluates the density and dimensional standards of the proposed development. The proposal meets or exceeds the density and dimensional requirements.
|
Table 2: Site Data Summary |
|
Standard |
Required |
Provided |
Meets |
|
Min. Lot Area Sq. Ft. |
15,000 |
2.2 acres |
Yes |
|
Min. Lot Width (Ft.) |
100 |
Approx. 200 |
Yes |
|
Min. Lot Depth (Ft.) |
150 |
Approx. 300 |
Yes |
|
Front Setback (Ft.) |
25 |
25 |
Yes |
|
Rear Setback (Ft.) |
0 |
45 |
Yes |
|
Max. Height (Ft.) |
50 |
30 |
Yes |
Landscape and Screening
The property is subject to the landscaping and screening requirements found in Article 8 and Appendix F of the UDC. Table 2 summarizes what is required and what is provided. The applicant has designed the project to take advantage of existing trees for aesthetic and screening purposes. As part of the site design process, a tree survey was conducted cataloguing the caliper inch size of trees existing on site. Per Section 8.7.3 and Section 4.B of Appendix F, Unified Development Code, the applicant proposes to use existing trees as credit for 5 required trees and 12 parking spaces.
|
Table 3: Landscape & Screening Requirements |
|
Standard |
Required |
Provided |
Meets |
|
Landscape Area (Sq. Ft.) |
7,792 |
7,792 |
Yes |
|
Trees |
16 + 4 P/L Trees |
20 |
Yes |
|
Shrubs |
155 |
85* |
No |
|
Parking Lot Screening |
36” Hedge |
36” Hedge + 1 tree |
Yes |
|
Dumpster Enclosure |
Masonry Enclosure |
Masonry Enclosure |
Yes |
Building and Site Design
Industrial buildings within a Corridor Overlay that are under 50,000 square feet in size are required to meet Appendix F of the Unified Development Code (Sec. 7, Appendix X). Buildings in the overlay are required to meet base standards for building and site design, landscaping, and sustainabiliy features along with providing a minimum number of discretionary items.
The proposed building is oriented toward Roy Orr Blvd. with a small parking lot between the building and the street screened by a row of hedges. Over 75% of the parking is situated behind the building, and additional trees are shown adjacent to the parking area in front of the building that will provide additional screening and lessen the impact of the paved area. The garage bay doors are located at the rear of the building not visible from Roy Orr. The applicant is proposing to utilize the existing dense vegetation along Oakdale Ln. to the east to provide further screening of the rear of the building and the rear parking area. General site layout meets the base standards of Appendix F in that it is consistent with the prevailing built form along Roy Orr Blvd., which consists primarily of single-story buildings with moderate setbacks from the street edge. If approved, the SUP will be strictly limited to truck repair, including vehicles categorized as “Heavy Truck” such as box trucks and semi-tractors. No trailers are permitted on the property, and no long-term storage of vehicles, whether operable or inoperable, will be allowed. All trucks, whether awaiting repair or pick-up by the customer, must be parked behind the fenced area.
The building design deviates significantly from Appendix F requirements. A brick wainscot 3’ high is the only masonry shown, with the balance of the exterior consisting of painted metal R-panel. There is a 20% allowance in Appendix F for finished metal panel, but the building as shown far exceeds this allowance. In addition, three of the four building facades lack horizontal articulation or windows. There is one short canopy provided over the front door.
The development addresses the sustainability requirements of Appendix F by virtue of its position along a proposed mixed-use trail that would connect from the Regional Veloweb to Mike Lewis Park, and in its use of drought-tolerant species for 70% of plantings (Live Oaks, Schumard Red Oaks, Crepe Myrtles, and Buford Hollies).
VARIANCES:
• Metal (R-panel) building facade on the majority of the building (REVISED).
• Windows and horizontal articulation shown only on Roy Orr-facing elevation (REVISED).
• Use of existing vegetative cover on the south and east portions of the property to satisfy a portion of the required landscape calculation.
• Excess parking spaces over minimum. Applicant is requesting this variance due to the auto-oriented nature of the use.
PZ RECOMMENDATION:
At its November 4, 2019 meeting, the Planning and Zoning Commission made a motion to approve subject to meeting with staff to discuss variances and compliance with the overlay district prior to City Council. That motion resulted in a 4-4 tie (Commissioner Coleman made the motion, seconded by Commissioner Fisher. Coleman, Fisher, Hedin, and Smith voted aye and Spare, Carranza, Connor, and Moser voted nay.)
A subsequent motion to approve subject to the applicant meeting with staff and resolving the issues related to the metal wall panels, windows, and horizontal articulation, and vegetative screening passed 5-3 (Commissioner Moser made the motion, seconded by Commissioner Coleman. Moser, Coleman, Fisher, Hedin, and Smith voted aye and Spare, Carranza, and Connor voted nay.)
REVISIONS:
The applicant has submitted revised elevations in response to P&Z's recommendation:
- Providing a minimum 80% brick on all four facades with stone banding and brick soldiercourse
- Providing 33% windows on the Roy Orr facade
- Providing covered walkway along 25% of the Roy Orr facade
- Modified the building footprint slightly and reduced the size by 75 square feet
ANALYSIS AND RECOMMENDATION:
Roy Orr currently functions as an arterial connecting north Grand Prairie to Fort Worth/Centreport and DFW Airport. Uses found along this boulevard primarily consist of large regional distribution facilities, small local contractor operations, and franchise truck and equipment rental operations. Facilities for the servicing and repair of vehicles, including large trucks, are not prevalent along Roy Orr; where they do exist, they typically function as an accessory use to a larger operation such as truck rental. Of note is that the PD district to the east (across Oakdale Ln.) prohibits auto-related uses such as repair.
The use as proposed would occupy a highly visible location at the corner of two arterial roadways near Mike Lewis Park. Even if the building design criteria are met, staff believes that the establishment of truck repair at this highly visible location would be detrimental to the overall area and therefore cannot recommend approval.
Body
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND MAP SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR A SPECIFIC USE PERMIT FOR HEAVY TRUCK REPAIR IN THE LIGHT INDUSTRIAL DISTRICT, ON PROPERTY DESCRIBED AS LOT 3 AND THE SOUTH 235 FEET OF LOT 2, BLOCK 1, CLEAN MACHINE ADDITION, BEING 2.22 ACRES OF LAND SITUATED IN THE PAYTON R SPLANE SURVEY, ABSTRACT NO. 1731 AND THE THOMAS CROCKER SURVEY, ABSTRACT NO. 1704, IN THE CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS; 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; 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 allow a Specific Use Permit for Heavy Truck Repair in the LI, Light Industrial District;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on November 4, 2019, 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 issuance of a Specific Use Permit for Heavy Truck Repair in the LI, Light Industrial 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 3 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 Heavy Truck Repair in the LI, Light Industrial 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 November 19, 2019, to consider the advisability of amending the Zoning Ordinance and Map and the recommendation 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 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 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 WITH A COMPREHENSIVE PLAN…”
and passed and approved November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit for the property location as shown in attached Exhibit A - Boundary Description.
SECTION 2
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
For operations of a Specific Use Permit for Heavy Truck Repair in the LI, Light Industrial District, the following standards and conditions are hereby established as part of this ordinance:
1. The development shall maintain compliance with all Federal, State and Local regulations; including, but not necessarily limited to, all applicable standards and regulations of the Grand Prairie Municipal Code, Unified Development Code, and this ordinance.
2. The development shall adhere to the City Council approved Operational Plan, Site Plan, Landscape Plan, and Building Elevations (as contained within attached Exhibit B - Operational Plan, Exhibit C - Site Plan, Exhibit D - Building Elevations, and Exhibit E - Landscaping Plan).
3. All existing vegetation identified on Exhibit E “Landscaping Plan” will be preserved during construction in accordance with Article 8 of the Unified Development Code.
4. Parking of trucks defined as “Heavy Trucks” in Article 30 of the Unified Development Code of the City of Grand Prairie, as described in Exhibit B, “Operational Plan” will be limited to the rear portion of the lot behind the gate as indicated in Exhibit C, “Site Plan.”
5. No portion of the site may be sublet or subdivided for any reason, including for the repair or storage of any vehicle, including trucks, equipment, automobiles, or trailers.
6. No later than twelve (12) months following issuance of a Certificate of Occupancy, the Specific Use Permit for Heavy Truck Repair will be brought back to Council for review. Any violation of 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.
7. Signage shall comply with the Unified Development Code.
8. Prior to issuance of a certificate of occupancy, the owner shall clear or trim excess foliage along the property frontage of Oakdale Road and Oakdale Lane. Any existing tree over 3 inches caliper shall be retained.
SECTION 4
All development must conform to the approved site plan and all exhibits incorporated as exhibits to this ordinance, as well as those incorporated herein 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 building permit 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 Specific Use Permit shall be void if the applicant fails to secure a license agreement from the City which secures access to Oakdale Road. The Specific Use Permit shall also become void in the event a license agreement allowing access to Oakdale Road expires or is terminated.
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
That all ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 7
That the terms 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 8
That a violation of this Ordinance is a misdemeanor punishable in accordnace 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 it may be amended, may be exercised in enforcing this Ordinance whether or not there has been a complaint filed.
SECTION 9
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 ON THIS THE 19th DAY OF NOVEMBER, 2019.
Ordinance No. 10771-2019
Specific Use Permit No. 1084
Case No. SU191102/S191103