From
Chris Hartmann
Title
SU101104/S101102 - Specfic Use Permit/Site Plan - 830 S.W. 14th Street (City Council District 4). Approval of a Specific Use Permit and Site Plan for outdoor storage on 2.08 acres. The subject property is zoned Planned Development District No. 13 (PD-13), and is generally located south of W. Jefferson Street and west of State Highway-161. The property is located within the State Highway-161 (SH-161) Overlay District. The owner is One Eighty Two-M-TX, the applicant is Frederick Kurtz, and the agent is Jeffrey Milanaik. (On November 1, 2010, the Planning and Zoning Commission recommended approval of this request by a vote of 7-0.)
Presenter
Chief City Planner Kevin Lasher
Recommend Action
Approved
Analysis
SUMMARY:
Consideration of a request for the approval of a Specific Use Permit and a Site Plan for outdoor storage on 2.08 acres. The subject property is zoned Planned Development District 13 (PD-13), and is generally located south of W. Jefferson Street and west of State Highway 161. The property is located within the State Highway 161 (SH-161) Overlay District.
ADJACENT LAND USES AND ACCESS:
North - Property to the north is zoned Planned Development District 13 (PD-13) for Light Industrial (LI) District uses. The property is developed for office and warehouse uses. All of the properties that are immediately adjacent to the subject property fall within the State Highway 161 Corridor Overlay District.
South - To the immediate south is S.W. 14th Street, designated as a M5U, Minor Arterial, 5-lane undivided thoroughfare on the Citys Master Transportation Plan. On the other side of 14th Street is a vacant property zoned Single Family-Four (SF-4) District and Planned Development District 200 (PD-200) for Light Industrial (LI) uses. All property to the south is part of the Poly America campus.
East - Union Pacific railroad right-of-way, which is about 22 feet wide, is located to the east of the property. Office and warehouse uses are located on the other side of the railroad property, and are zoned Planned Development District 13 (PD-13) for Light Industrial (LI) District uses.
West - To the immediate west of the site plan area is S.W. 14th Street. On the other side of the street is vacant property zoned Planned Development District 132 (PD-132) for General Retail (GR) District uses and various residential uses. The property to the west is part of the Poly America campus.
PURPOSE OF REQUEST:
Article 4 of the Unified Development Code (UDC) requires a Specific Use Permit for outdoor storage in a Light Industrial (LI) District when the property is within a designated overlay district. In this case, the property is within the State Highway 161 (SH-161) Corridor Overlay District. A Site Plan is also required for all properties that submit requests within the SH-161 Overlay District.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The facility is owned by Heller Industrial Parks and the future tenant is Central Garden and Pet, a garden supply distribution facility. Central Garden and Pet (CG & P) currently has two facilities in Grand Prairie and Arlington, and will consolidate the two facilities into this new location. The outside storage is needed for weather-tolerant clay pots. There will not be any storage of chemicals, herbicides or insecticides, or any other hazardous or combustible materials. There will be about 33 to 38 employees at this site and it will operate during regular business hours from 8:00 am to 5:00 pm.
The outdoor storage will be distributed between the north side and the south side of the building. According to the State Highway 161 Overlay District, Section 3.G.2, Screening of Outside Storage:
a. Outside Storage shall be located on the side or rear of the primary building and shall be screened from public view on public streets.
b. Outside Storage shall be located on the side or rear of the primary building and shall be screened with a minimum seven (7) foot tall screen or a screen that is a minimum of one (1) foot above the top of the storage materials, whichever is taller. Screening shall be:
i. A masonry wall or other material that is similar to the primary structure;
ii. A berm;
iii. A planting enclosure of large evergreen shrubs planted a maximum of four (4) feet apart that shall create a solid screen to a minimum height of seven (7) feet within two (2) years as determined by a registered landscape architect, certified nurseryman or master gardener, or as determined by the Director of Development Services; or
iv. A combination of the above.
The Site Plan shows a planting enclosure for the south side outside storage area, which is in compliance with this provision. Due to topographical conditions, the south side storage area is more visible from State Highway 161 and the Poly America campus. The plan shows a fence with black vinyl slats for the north side outside storage area, which will require an appeal.
The north side storage area is 1.029 acres and is currently screened by a six-foot chain link fence with redwood slats and three mature trees. The Site Plan shows additional vegetative screening proposed adjacent to the main office. The applicant proposes Leyland Cypress or Eastern Red Cedar as landscape screening, which will grow well above the 11-foot height required for the outdoor storage (see attached pictures). The applicant prefers the Eastern Red Cedar, unless the P&Z Commission or City Council prefers otherwise. Along S.W. 14th Street, the three existing mature trees are above 20-feet in height. The applicant plans to clear out some of the understory growth around the trees.
A new 12-foot high, chain link fence with black vinyl slats will be added from the main office to the right-of-way line for S.W. 14th Street. The rest of the six-foot, chain link fence will remain in place. The applicant will replace the redwood slats with black vinyl slats. The applicant is also willing to add black vinyl slats to the 115-foot length of fence adjacent to the Lockheed Martin property. In addition, black vinyl slats and knox boxes will be incorporated into the existing chain link gates for both storage areas.
The south side storage area is 1.051 acres and is currently surrounded by a six-foot chain link fence. The applicant proposes Leyland Cypress or Eastern Red Cedar as screening material for this area as well. Again, the applicant prefers the Eastern Red Cedar, unless the P&Z Commission or City Council prefers otherwise. All landscape areas will include irrigation per the requirements of Article 8, Landscaping and Screening of the Unified Development Code.
The chain link fence with the redwood slat screening is an existing non-conforming condition that is typical along S.W. 14th Street, and can be found on the Heller Industrial Park property as well as the Lockheed Martin property to the north. Thus, the extension of this screening mechanism is a continuation of an existing condition.
ZONING HISTORY:
The current zoning is Planned Development District 13 (PD-13) for various commercial uses as allowed in the Light Industrial (LI) District [Ordinance 2885]. The zoning ordinance was approved in 1957 as case number 570102.
The property was annexed into the City in 1956.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Comprehensive Plan designates this area for commercial and retail uses. Consequently, staff has determined that this use is in conformance with the Comprehensive Plan as adopted in October of 2005.
PROJECTS VESTED STATUS:
The subject property is platted as West Freeway Business Park, Parcel Three, as recorded with Dallas County in Volume 82021, Page 1435, DRDCT. A review of the certificates of occupancy shows that the building has been used for office and warehouse uses. This request is the first request for outside storage associated with this property. Thus, the site plan area is vested to standards in place for outside storage at the time of this Specific Use Permit/ Site Plan submittal of September 21, 2010.
DENSITY AND DIMENSIONAL IMPACTS:
Since the building and parking/loading areas are existing conditions and the proposed use will only impact the areas that are designated as outdoor storage areas; the building and parking/loading areas are vested to previous standards. All existing building and parking areas must be maintained in good condition.
REQUESTED APPEALS BY APPLICANT:
The use of the chain link fence with the black vinyl slats for the north side storage area is not one of the screening options identified by the State Highway 161 Overlay District, Section 3.G.2, Screening of Outside Storage, and this option will require an appeal.
RECOMMENDATION:
Since the applicant is requesting the above noted appeal, the Development Review Committee is not able to recommend full approval of this case. However, the applicant is offering the following provisions as compensatory measures that could potentially lessen the impact of the requested appeals.
Ø The south side storage area will use the landscape option to meet the screening requirements of the SH-161 Overlay District, Section 3.G.2. All new landscaping will be irrigated in compliance with Article 8, Landscaping and Screening,
Ø The black vinyl slats will turn the corner, adjacent to the Lockheed Martin property to provide additional screening from S.W. 14th Street, and
Ø Additional small trees will be planted next to the main office and the existing, mature trees that run along S.W. 14th Street will be preserved.
The proposed Site Plan is sensitive to the existing conditions of the site and will screen the outdoor storage from the S.W. 14th Street right-of-way. In addition, the east side (rear) of the property faces the Union Pacific railroad line and warehouses, such that the storage will be screened from all sides. The proposed site plan meets the intent of the ordinance.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY TO GRANT A SPECIFIC USE PERMIT FOR OUTDOOR STORAGE IN A PLANNED DEVELOPMENT FOR LIGHT INDUSTRIAL (LI) USES, TO WIT: BEING 2.08 ACRES AND BEING A PORTION OF WEST FREEWAY BUSINESS PARK, PARCEL 3, IN THE CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, AND BEING ADDRESSED AS 830 S.W. 14TH STREET, 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; 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 property to obtain a Specific Use Permit for Outdoor Storage in a Planned Development for Light Industrial (LI) uses and;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on November 1, 2010, 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 Specific Use Permit for Outdoor Storage in a Planned Development for Light Industrial (LI) uses 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 7 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to add a Specific Use Permit for Outdoor Storage in a Planned Development for Light Industrial (LI) uses; 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 16, 2010 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..."
and passed and approved November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit numbered 855 for the property location described as follows:
Being 2.08 acres and being a portion of West Freeway Business Park, Parcel 3, in the City of Grand Prairie, Dallas County, Texas, and being addressed as 830 S.W. 14th Street, and as shown on the SUP Site Plan and labeled as Exhibit ‘A’, incorporated by reference.
SECTION 2.
Specific Use Permit
OUTDOOR STORAGE IN A PLANNED DEVELOPMENT FOR LIGHT INDUSTRIAL (LI) USES. The following conditions are hereby established as part of this ordinance:
1. All operations must conform to the operational plan as approved by City Council under case number SU101104/S101102.
2. All existing development and improvements must be maintained in good condition and in accordance with the approved Site Plan (S101102).
3. All security gates shall be equipped with Knox-box, Opticom or other approved access device.
4. No outside storage of any chemicals, herbicides or insecticides.
5. Upon approval of the Specific Use Permit, the owner or applicant will need to apply for a revised certificate of occupancy to add the SUP number and use.
SECTION 3.
Compliance
All development must conform to the approved Site Plan labeled as Exhibit ‘A’, which is herein incorporated by reference.
1. If no certificate of occupancy is issued for Outdoor Storage within one year, or the use is discontinued for a period of six months or more, the Specific Use Permit (SUP) will be terminated in accordance with Section 5.4.1.C. & D of the Unified Development Code.
2. 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.
3. Any unsafe or unauthorized operations or activities shall be determined as grounds for revocation of the Specific Use Permit by the City Council.
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.
DULY PASSED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, ON THE 16TH OF NOVEMBER 2010.
CASE NO. SU101104/S101102
SPECIFIC USE PERMIT NO. 855