From
Chris Hartmann
Title
SU150803B - Specific Use Permit Renewal - 3223 E. Main Street (City Council District 5). Specific Use Permit Renewal for Truck/Heavy Equipment Parking at 3223 E. Main Street. Lot 7, Block 1, Allbritton Associates Addition, City of Grand Prairie, Dallas County, Texas, zoned Light Industrial (LI) within Central Business District 4 (CBD 4) and addressed 3223 E Main St. The owner is Gerardo Rodriguez. (On July 2, 2018, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0).
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
Consider the request for the renewal of Specific Use Permit 972 for a Commercial Truck Parking Lot. The 8-acre property, located at 3223 E. Main Street is zoned LI, Light Industrial District.
ADJACENT LAND USES AND ACCESS:
North - To the north is zoned C, Commercial District
East - To the east is zoned LI, Light Industrial District
South - To the south is zoned LI, Light Industrial District
West - To the west is zoned LI, Light Industrial District
PURPOSE OF REQUEST:
As required by Ordinance No. 9901-2015 for Specific Use Permit 972 the City Council shall conduct a public hearing one (1) year after City Council adoption of this Ordinance 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 other applicable regulatory requirements and/or enforced by the state and federal government.
STATUS:
As required, staff requested inspections of the property and operations by the Code Enforcement Division and the Environmental Services Department. The inspections conducted indicated that all operations on the site appear to be currently in conformance with required conditions of the Specific Use Permit as approved by City Council.
RECOMMENDATION:
Staff recommends approval of the renewal of Ordinance No. ####-2018, to be considered again in one year to verify compliance.
Body
AN ORDINANCE AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR A SPECIFIC USE PERMIT FOR A COMMERCIAL TRUCK PARKING LOT, TO WIT: BEING LOT 7, BLOCK 1, ALLBRITTON ASSOCIATES ADDITION, GRAND PRAIRIE, DALLAS COUNTY, TEXAS, 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 site for a Specific Use Permit for a Commercial Truck Parking Lot; and;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on July 2, 2018, 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 Specific Use Permit for a Commercial Truck Parking Lot 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 Specific Use Permit for a Commercial Truck Parking Lot; 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 P.M. on July 17, 2018 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 972B for the property location shown on the Location Map attached hereto as Exhibit A and more specifically described as follows:
3223 E. Main St., also being further described as being Lot 7, Block 1, Allbritton Associates Addition, Grand Prairie, Dallas County, Texas.
SECTION 2: Specific Use Permit
That, Operation of a Commercial Truck Parking Lot shall adhere to the approved Site Plan attached hereto as Exhibit B and to the following regulations:
1. Gravel, dirt, and debris must be washed off paved surfaces before a Certificate of Occupancy is issued;
2. A chain link fence shall be installed to prevent drivers from maneuvering their vehicles on the gravel. All vehicles shall be parked on city approved surfaces, and completely within clearly marked parking spaces. As shown on the approved site plan, truck parking spaces shall measure 20ft by 62ft and standard passenger vehicle parking spaces shall measure 9ft by 18ft;
3. The use of the public rights-of-way for parking, loading, or unloading shall be prohibited;
4. Adequate lighting shall be required. Lighting plans shall be approved by the Chief Planner;
5. Must install a fire hydrant for access to this site, as approved by the Fire Marshall;
6. Paving replacement, as determined by the Building Official or Chief Planner, shall conform to the current standards of the Unified Development Code.
7. Trucks exiting the property must turn right only onto Main St. A sign shall be installed informing all exiting drivers to right turn only onto Main St.
8. As outlined within the Operational Plan contained within the Specific Use Permit Application File No. SU150803, and as more specifically stated and codified herein, the development shall adhere to the following operational standards:
a. There shall be no onsite vehicle maintenance or repairs of any kind;
b. This site is a commercial parking and shall not be used as a truck stop. There shall be no persons sleeping in their vehicles;
c. All trash and debris shall be deposited within the provided dumpster. The dumpster shall be located within an enclosure which meets the standards of the Unified Development Code.
d. All paved surfaces shall be kept free and clear of gravel, dirt and debris;
e. This site shall be required to meet the property maintenance standards of the Automotive Related Business Regulations, ordinance #7408;
f. There shall be no inoperable vehicles parked onsite;
g. Must practice all best management practices listed in its storm water pollution prevention plan; and
9. Future changes to the parking or expansions to this facility, regarding this Specific Use Permit, will require the submittal of a revised site plan for review and approval to the Planning Department;
10. Must comply with any outstanding Development Review Committee comments for the Specific Use Permit found in File No. SU150803B.
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 maintained for a Specific Use Permit for a Commercial Truck Parking Lot; 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 17th of July, 2018.
ORDINANCE NO. 10496-2018
SPECIFIC USE PERMIT NO. 972b
CASE NO. SU150803B