From
Chris Hartmann
Title
SU160502 - Specific Use Permit - TNT Equipment (City Council District 1). Approval of a Specific Use Permit permitting the operation of a commercial scaffolding contractor shop with outdoor storage. The 3.8-acre property, zoned Light Industrial (LI) District, is located at the southwest corner of Avenue J East and 113th Street. The agent is Tony Callaway, Callaway Architecture, the applicant is Mike McCoy, and the owner is Anthony Valentine, TNT Equipment Co. (On May 2, 2016, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approval
Analysis
SUMMARY:
Approval of a Specific Use Permit permitting the operation of a commercial scaffolding contractor shop with outdoor storage. The 3.8-acre property, zoned Light Industrial (LI) District, is located at the southwest corner of Avenue J East and 113th Street.
ADJACENT LAND USES AND ACCESS:
North: Directly north of the subject property is Avenue J East, which is classified as a M4U (minor arterial, four lane, undivided roadway) according to Article 23, “Master Transportation Plan,” of the Unified Development Code. Beyond Avenue J East are two parcels of land zoned Light Industrial (LI) District that are occupied with warehouse/distribution centers.
South: Directly south of the subject property is right-of-way for the Great Southwest Rail Road. This right-of-way is followed by one parcel of land zoned Light Industrial (LI) District that is occupied with a warehouse/distribution center.
East: Directly east of the subject property is 113th Street, which is classified as M4U (minor arterial, four lane, undivided roadway) according to Article 23, “Master Transportation Plan,” of the Unified Development Code. Beyond 113th Street is the western most boundary of Phase 2 of the Hidden Creek Subdivision, which is zoned Planned Development District 280 (PD-280) for Single Family Detached Uses and is occupied with single family residential homes.
West: Directly west of the subject property is a parcel of land zoned Light Industrial (LI) District that is occupied with a warehouse/distribution center. Beyond this parcel of land is S. Great Southwest Parkway, which is classified as a P6D (principal arterial, six lane, divided roadway) according to Article 23, “Master Transportation Plan,” of the Unified Development Code.
PURPOSE OF REQUEST:
Anthony Valentine, the owner/operator of TNT Equipment, Co., Inc, seeks City Council approval of a Specific Use Permit application in order obtain authorization to operate a commercial scaffolding contractor shop with outdoor storage on a 3.8-acre property located within the Light Industrial (LI) District. Staff classifies the proposed use as a “Contractor Shop w/Outside Storage”, with an accessory office use component. This type of use requires specific use permit approval from City Council when located within the Light Industrial (LI) District.
CHARACTERISTICS AND FUNCTION:
Use:
According to the applicant, the subject 3.8 acre property will serve as the base of operation as a scaffolding and masonry construction equipment company. As the company’s main service is the leasing and some sales of scaffolding equipment for large scale building project including multi-story buildings, this facility will be used to process orders for the use/sales of their scaffolding equipment, to house all the scaffolding equipment when not in use, and as a maintenance facility to service the scaffolding equipment.
The property is entirely improved and consists of four separate buildings. The 21,375 sq. ft. primary structure (Building 1) consists of an office area, mechanical shop area, and warehouse space. Building 2 is 800 sq. ft. in area and is used as a repair shop. Buildings 3 and 4 are covered storage areas with total areas of 4,000 sq. ft. and 1,024 sq. ft., respectively. The property also contains concrete drive aisles (that will also function as fire lanes), parking area, and a large outdoor concrete storage yard. Currently, the southernmost portion of the property is gravel, but as proposed, will be paved in concrete per city standards and will be used as a continuation of the outdoor storage yard.
Screening Fence and Storage Yard
Due to the adjacent residentially zoned subdivision, Hidden Creek, located to the east and north east of the facility, the applicant is proposing to construct a 10-foot high masonry screening fence along their entire eastern property line and along a portion of their northern property line abutting East Avenue J to screen the outdoor storage operations for public view. The screening wall is proposed to be a decorative masonry wall constructed with an integral colored, split-face cement masonry unit (CMU) block base and columns and a brick infill with stone cap. A secondary screening fence (chain link w/vinyl slates) that is located along the southern edge of the passenger car parking lot is proposed to be used to further screen the outdoor storage area from public view.
Due to the large scale of the scaffolding equipment, the facility has a considerable outdoor storage operation. The outdoor storage yard is proposed to be separated into for zones and will make use of the natural grade of the property that slopes down from east to west. Zone 1 will be staged along the eastern side of the property along 113th Street. This zone will be limited to equipment that is stacked no more than the height of the screening wall (10-ft.). Zone 2, located west of Zone 1, will be limited to equipment staked no more than 15-ft. in height. Zone 3, the lowest portion of the property, located at the southwest edges of the property, will be limited to equipment that is stacked no more than 20-ft. in total height. Zone 4 will be used as a staging area and the forklift parking area. The intent and purpose of the proposed zones and height limitations are to screen the equipment and operation from public view from the street right-of-way and as practical from the neighboring residential subdivision.
Employees and Hours of Operation:
The company will employ between 15-25 individuals and will be open primarily from Monday through Friday between 7:00 AM and 5:00 PM. The facility may occasionally operate on the week-ends.
Lot & Dimensional Standards:
The subject property is zoned Light Industrial (LI) District. The following table provides detailed dimensional requirement information. As proposed, the development meets or exceeds all minimum lot & dimensional standards, except for the side property line setback along the east property line. However, this is an existing condition and not a request by the applicant to reduce the side yard setback standard.
|
Ordinance Provision |
LI Zone District Standards |
Existing Conditions |
Meets |
|
Min. Lot Size |
15,000 s.f. |
3.8 acres |
Yes |
|
Min. Lot Width |
100 ft. |
364.44ft. |
Yes |
|
Min. Lot Depth |
150 ft. |
380.49 ft. (west property line) 511.42 ft. (east property line) |
Yes |
|
Front Yard Setback |
25 ft. |
Approx. 30 ft. |
Yes |
|
Internal Side Yard |
20 ft. |
Approx. 10 ft. @ west side Over 120 ft. @ east side |
No Yes |
|
Rear Yard Setback |
0 ft. |
Approx. 90 ft. |
Yes |
|
Bldg. Separation |
|
|
Yes |
|
Bldg. Height |
50 ft. |
Less than 50 ft. |
Yes |
|
Bldg. Coverage |
85% |
Less than 85 % |
Yes |
Access and Parking:
Access to the property will be limited to the three existing access drives located on East Avenue J. The access drive furthest east will be used as the driveway for the large equipment deliveries and shipments. The other two driveways will serve as access for passenger vehicles. In an effort to minimize the operational impact on the neighboring residential subdivision, the existing access located on 113th Street will be closed. Due to the large amount of equipment storage on site, staff utilized the warehouse standards to determine the parking requirements for the property
|
Total Space |
Parking Rate/s.f. |
Required |
Proposed |
Meets |
|
27,199 sq. ft. |
1/1000 for 1st 25,000sq.ft. then 1/5,000sq.ft |
26 |
33 |
Yes |
Building Elevations - Articulation and Masonry Standards:
The applicant is proposing to renovate the façade of the primary building by painting, repairing or replacing existing façade elements. The applicant also proposes to apply an aggregate finish to the existing tilt-wall façade of the primary building. No structural changes are proposed.
Landscaping
As the property is fully developed and improved, no additional landscape areas are being proposed. However, the applicant has agreed to provide street trees along 113th Street and East Avenue J.
Dumpster Enclosure:
The applicant proposes to construct a new masonry dumpster enclosure. The enclosure conforms to city standards.
ZONING HISTORY:
Ordinance No. 1128 annexed the subject property into the City of Grand Prairie on December 19, 1956. The earliest available zoning ordinance (Ordinance No. 2299), approved by City Council on February 15, 1972, shows the subject property as designated as a Light Industrial (LI) District. Staff has not found any changes to the Light Industrial (LI) Designation established in 1972. On May 17, 2011, City Council approved SUP No. 872 (Ordinance No. 9208-2011) under Case No. SU110503, which permitted the Metal Reclamation and Shipping Facility with Outside Storage to operate on the subject property. On May 15, 2012, City Council approved SUP No. 872A (Ordinance No. 9363-2012) under Case No. SU110503A, which indefinitely renewed the Specific Use Permit for the Metal Reclamation and Shipping Facility with Outside Storage to operate on the subject property. On September 2, 2014 via Ordinance No. 9748-2014, City Council revoked the SUP872A for failure to comply with the approved standards and regulations.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The subject property is designated as appropriate for Light Industrial Development on the Future Land Use Map (FLUM). The proposal is consistent with the FLUM. Annually the City amends the FLUM to resolve conflicts between zoning and FLUM designations.
REQUESTED APPEALS BY OWNER/APPLICANT:
None
RECOMMENDATION:
The Development Review Committee recommends approval.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE ZONING ORDINANCE AND MAP SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR A SPECIFIC USE PERMIT FOR A COMMERCIAL SCAFFOLDING CONTRACTOR SHOP (LEASE & SALES) WITH OUTSIDE STORAGE IN THE LIGHT INDUSTRIAL (LI) DISTRICT, TO WIT: BEING A 3.774 ACRE TRACT OF LAND PLATTED AS SITE 15, BLOCK 7, INDUSTRIAL COMMUNITY NO. 1 GREAT SOUTHWEST INDUSTRIAL DISTRICT, AND BEING MORE PARTICULARLY DESCRIBED BELOW; 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 allowing for a Specific Use Permit for a Commercial Scaffolding Contractor Shop (Lease & Sales) 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 May 2, 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 the Specific Use Permit for a Commercial Scaffolding Contractor Shop (Lease & Sales) 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 8 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended allowing for a Specific Use Permit for a Commercial Scaffolding Contractor Shop (Lease & Sales) 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 May 17, 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 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 numbered 991 for the property location as shown in attached Exhibit D - Location Map and as legally described as follows:
BEING A 3.774 ACRE TRACT OF LAND PLATTED AS SITE 15, BLOCK 7, INDUSTRIAL COMMUNITY NO. 1 GREAT SOUTHWEST INDUSTRIAL DISTRICT ADDITION, CITY OF GRAND PRAIRIE, TARRANT COUNTY, TEXAS; AND BEING ADDRESSED AS 1210 AVENUE J EAST;.
SECTION 2: PURPOSE AND INTENT
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: STANDARDS AND CONDITIONS
For operations of a Commercial Scaffolding Contractor Shop (Lease & Sales) With Outside Storage in the Light Industrial (LI) 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 and Unified Development Code.
2. Any zoning, land use requirements and restrictions not contained within this specific use permit ordinance shall conform to those requirements specified for the Light Industrial District as adopted and amended in the Unified Development Code (UDC). Where there is a conflict between the UDC and this ordinance, unless explicitly contained in this ordinance, the more restrictive shall prevail.
3. The development shall adhere to the City Council approved Exhibit A - Site Plan, Exhibit B - Outside Storage Yard Layout, and Exhibit C- Elevations, which include the following exceptions (appeals) to the above noted standards:
a. Screening Fence - the 10-foot tall masonry screening wall, as shown on Exhibit A - Site Plan and proposed to be located on the property line adjacent to 113th Street and Avenue J East, is hereby exempt from Section 8.9.6. A of the UDC that requires all screening fences for outside storage to be setback a minimum of 25-feet from any street right-of-way.
b. Landscaping - except as provided on Exhibit A - Site Plan, no additional landscaping shall be required for this herein approved development.
4. As recommended by the Planning & Zoning Commission, and as shown on Exhibit A - Site Plan the proposed 10-foot tall masonry screening wall shall wrap around the southeast corner of the property and extend an additional 25-feet (minimum) along the southern property line at which point a chain linked fence with vinyl screening slates shall extend along the balance of the southern and western property lines.
5. As further recommended by the Planning & Zoning Commission, and in conjunction with city protocol, no truck parking signs shall be erected on 113th Street.
SECTION 4: COMPLIANCE
All development must conform to the approved site plan and all exhibits incorporated herein, 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 has not been obtained on the premises 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. 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 number and title.
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:
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 7:
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 17TH DAY OF MAY, 2016.
Ordinance No. 10052-2016
Specific Use No. 991
Case No. SU160502