From
Chris Hartmann
Title
SU150902/S150903 - Specific Use Permit/Site Plan - 1617 W Shady Grove Rd (City Council District 1). Approval of a specific use permit and a site plan for a landscaping company, Peterman & Associates, with outside storage on 2.74 acres. The property is addressed as 1617 W. Shady Grove Rd and is zoned Light Industrial (LI) District within the SH 161 Corridor Overlay District. The property is generally located north of Trinity Bvld. and East of Roy Orr Blvd. The agent is Walter Nelson and the owner is Jon Mitchella. (On August 31, 2015, 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
PURPOSE OF REQUEST:
The applicant wants to utilize the property located at 1617 W Shady Grove for their Landscape Business with outside storage. The Unified Development Code (UDC) requires that contactor shops with outside storage obtain a Specific Use Permit before a Certificate of Occupancy can be issued.
ADJACENT ZONING:
North - Light Industrial (LI) District; located within SH 161 Corridor Overlay
South- Light Industrial (LI) District; located within SH 161 Corridor Overlay
East- Light Industrial (LI) District; located within SH 161 Corridor Overlay
West- Light Industrial (LI) District; located within SH 161 Corridor Overlay
BACKGROUND:
July 21, 2015: The Planning staff processed an application for the approval of a Specific Use Permit for Landscape Contractor with Outside Storage and a Site plan.
August 20, 2015: A final plat was approved for the Peterman Addition by the Development Review Committee. The DRC also reviewed the applicant’s proposal. The request was cleared to move forward.
August 21, 2015: A legal notice was mailed to affected property owners and notice of the upcoming public hearing was published in the Fort Worth Star Telegram.
August 31, 2015: This item is scheduled to be heard by the Planning and Zoning Commission.
September 15, 2015: This item is scheduled to be heard by the City Council.
PROPOSED USE AND CHARACTERISTICS
Operations:
Peterman & Associates would like to use this existing 1700sqft building on 1617 W Shady Grove Rd, currently being used as a home, for an office of their landscaping business. The rear of the property will be used for storage of materials and equipment. No retail sales are performed onsite.
Typically, crews start loading equipment at 6:30am and return around 3:30pm, Monday through Friday, and occasionally on Saturday. The office personnel would work Monday through Friday from 9am to 5pm. The company employs 13 employees.
Landscape equipment would be stored onsite, such as lawn mowers, edgers, blowers, shovels, etc. These would be stored in the garage. Larger pieces of equipment such as a skid steer, box trucks, and trailers would be stored behind a screening fence. Materials for the project are delivered to the job site. Small amounts of overstock will be kept behind the fence and these materials could be incorporated in the next job. An irrigated nursery will be located behind the fence.
Totals site is about 2.7 acres. The company plans to use about 1 acre, but may expand operations in the future.
Parking and Access:
All vehicles will be parked on paved surfaces. The site requires 7 spaces and will provide for 13 total spaces and will meet the requirements of the UDC. The UDC also requires paving for any areas that vehicles will traverse. The applicant is not proposing any additional paving, outside the parking area.
Screening
Outside storage will be screen by a Type 3 fence, wood fence with metal posts, on the north end of the property, as shown on the site plan. The other sides of the property have an existing fence that does not meet the screening requirements for outside storage. This fence is transparent, but vegetative screening exists on some parts of the fence. Pictures will be provided during staff’s presentation.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The November 2010 Future Land Use Map (FLUM) shows this area appropriate for Light Industrial Uses. This request is consistent with the FLUM and would be in conformance with the comprehensive plan.
REQUESTED APPEALS AND EXCEPTIONS:
Fence Exception:
The UDC requires all outside storage to be screen on all sides by a Type 3 Fence, as defined by the UDC. The applicant will be constructing a Type 3 fence to the north of the storage parking area, but the east, south, and west side of the property will not have screening that meets the standards of the UDC.
Paving Appeal:
The applicant is required to have paving which meets the minimum standards of the UDC in all areas in which a vehicle would travel. The applicant will pour concrete for the new parking areas, but will not pour concrete in the rear of the lot. The rear of the lot will be used to store plants, trees, and other landscaping materials.
RECOMMENDATION:
The Planning and Zoning Commission, by a vote of 9-0, recommends approve per staff's conditions:
Staff cannot fully support the applicant’s request due to the appeals and exception listed above; however, staff recommends approval with the following conditions:
1. Any areas of vehicular travel, as approved by the Chief City Planner, must meet the minimum paving requirements of the Unified Development Code. Changes or additions to paving must be shown on an amended site plan, which may be approved by the Chief City Planner.
2. Outside storage must be screen by a Type 3 fence, as defined by the Unified Development Code, as shown on the approved site plan. Future expansions of the outside storage areas will require an amended site plan and may be approved by the Chief City Planner.
3. Outside storage is limited to materials and equipment typically used by a landscaping company.
4. Trailers, box trucks, and other vehicular equipment must be parked and stored behind the screening fence on paving meeting the minimum requirements of the Unified Development Code during non-business hours.
5. Use of the rights-of-way for business operations shall be prohibited.
6. The dumpster shall not require a masonry enclosure. The location of the dumpster must conform to the approved site plan.
7. Site Plan mylar must be submitted to the planning department for review and approval. Future changes to the parking or expansions to this facility or outside storage areas will require the submittal of a revised site plan for review and approval to the Planning Department.
8. All operations shall maintain compliance with all federal, state, and local environmental regulations.
9. Must practice all best management practices listed in its storm water pollution prevention plan.
10. Must comply with any other unresolved comment from the Development Review Committee, found in the city case file SU150902/S150903.
11. This property shall meet the standard Specific Use Permit compliance standards; as follows:
a. The City Council shall conduct a public hearing one (1) year after City Council approval of the Site Plan 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;
b. This Specific Use Permit shall automatically terminate if a Certificate of Occupancy is not issued for a Landscape Contractor with Outside Storage; 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.
c. 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.
d. 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.
e. 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
f. The Certificate of Occupancy shall note the existence of this Specific Use Permit by its SUP number and title.
Body
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND MAP BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR A SPECIFIC USE PERMIT FOR A LANDSCAPING CONTRACTOR WITH OUTSIDE STORAGE IN THE LIGHT INDUSTRIAL (LI) DISTRICT, TO WIT: BEING 2.73 ACRES OUT OF THE J.C. READ SURVEY, ABSTRACT NO. 1183, 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; 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 for a Landscaping Contractor with Outside 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 August 31, 2015, 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 Landscaping Contractor with Outside 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 9 to 0 to recommend approval to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to allow a Landscaping Contractor with Outside 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 September 15, 2015 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 I.
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 November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit numbered -974 for the property addressed as 1617 W. Shady Grove, and located as shown in Exhibit A - Location Map and as legally described in Exhibit B - Legal Description.
SECTION 2: Specific Use Permit
FOR OPERATION OF A LANDSCAPING CONTRACTOR WITH OUTSIDE STORAGE:
1. All operations must conform to the approved Exhibit C - Site Plan and Exhibit D - Landscape Plan. Where this ordinance authorizes amendments to the site plan, all operations must conform to future amendments to the site plan.
2. Any areas of vehicular travel, as approved by the Chief City Planner, must meet the minimum paving requirements of the Unified Development Code. Changes or additions to paving must be shown on an amended site plan, which may be approved by the Chief City Planner.
3. Outside storage must be screened by a Type 3 fence, as defined by the Unified Development Code, as shown on the approved site plan. Future expansions of the outside storage areas will require an amended site plan and may be approved by the Chief City Planner.
4. Outside storage is limited to materials and equipment typically used by a landscaping company.
5. Trailers, box trucks, and other vehicular equipment must be parked and stored, during non-business hours, behind the screening fence on paving meeting the minimum requirements of the Unified Development Code.
6. Use of the rights-of-way for business operations shall be prohibited.
7. The dumpster shall not require a masonry enclosure. The location of the dumpster must conform to the approved site plan.
8. Site Plan Mylar must be submitted to the planning department for review and approval. Future changes to the parking or expansions to this facility or outside storage areas will require the submittal of a revised site plan for review and approval to the Planning Department.
9. All operations shall maintain compliance with all federal, state, and local environmental regulations.
10. Must practice all best management practices listed in its storm water pollution prevention plan.
11. Must comply with any other unresolved comment from the Development Review Committee, found in the city case file SU150902/S150903.
SECTION 3: Compliance
All development must conform to the approved Development Plans, which are herein incorporated by reference.
1. By this SUP Ordinance, this Specific Use Permit shall automatically terminate if a Certificate of Occupancy is not issued for a Landscaping Contractor with Outside Storage; 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 SUP Ordinance, the City Council shall conduct a public hearing one (1) year after City Council approval of the Site Plan 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.
3. 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.
4. 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.
5. 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
6. The Certificate of Occupancy shall note the existence of this Specific Use Permit by its SUP 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 15th of September, 2015.
ORDINANCE NO. 9914-2015
SPECIFIC USE PERMIT NO. 974
CASE NO. SU150902/S150903