From
Chris Hartmann
Title
SU080605A - Specific Use Permit - 3925 E Jefferson Street (City Council District 5). Approval of a Specific Use Permit permitting the operation of a smelting furnace, a hazardous industrial use, as part of an operating automotive/industrial salvage yard. The subject property, zoned Heavy Industrial (HI) and within Central Business District No. 4, is located at 3925 E. Jefferson. The owner is Tommy Winn. (On July 11, 2016, the Planning and Zoning Commission recommended approval of this request by a vote of 6-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
SUMMARY:
Approval of a Specific Use Permit permitting the operation of a smelting furnace, a hazardous industrial use, as part of an operating automotive/industrial salvage yard. The subject property, zoned Heavy Industrial (HI) and within Central Business District No. 4, is located at 3925 E. Jefferson.
ADJACENT LAND USES AND ACCESS:
North - The subject property directly abuts E. Jefferson Street, classified a 6 lane divided principal arterial (P6D), on the north. Across this street to the north are properties zoned Heavy Industrial (HI) District with auto salvage uses. The property to the northeast is zoned PD-80 for a mobile park.
South - Directly to the south of the subject property is a separate tract of land addressed as 4005 E. Jefferson that is zoned Heavy Industrial (HI) District and is a continuation of the same auto salvage business as the subject property. South of this property is the Grand Prairie/Dallas city limit line, which leads into properties under the City of Dallas zoning jurisdiction, which appear to be part of the floodway of Mountain Creek.
East - The properties to the east are zoned Heavy Industrial (HI) District with auto salvage uses.
West - The properties to the west are zoned Heavy Industrial (HI) District with auto salvage uses.
PURPOSE OF REQUEST:
Tommy Winn, the property owner and applicant, seeks City Council approval of a Specific Use Permit to obtain authorization to install and operated a new MAX-4000 Aluminum Sweat Furnace, an aluminum smelting furnace, at Mr. Winn’s Texas Auto Recyclers salvage yard located at 3925 E. Jefferson Street, Grand Prairie. In accordance with Article 4 of the Unified Development Code (UDC), staff has identified the new smelting furnace and operation of the same as a Hazardous Industrial Use, which is permitted in the Heavy Industrial (HI) District with an approved specific use permit.
CHARACTERISTICS AND FUNCTION:
Use:
The applicant is proposing to install a smelting furnace at his salvage yard located at 3925 E. Jefferson in order to recycle aluminum - primarily engine blocks and other aluminum auto components. According Recycling Services International, LL, the manufacturer of the MAX-4000 Aluminum Sweat Furnace, the furnace is a standalone piece of industrial equipment that is approximately 15-ft. wide by 20-ft. long. The furnace is proposed to be housed under an existing roof structure (open on 3-sides) that is attached to an existing building located on the property.
As this proposal is an ancillary use to the overall auto salvage operation, staff is only reviewing the proposed use to ensure that the all safety and environmental regulations related to the operations of the smelting furnace are followed. The applicant has agreed to comply with all environment, building and fire code standards. Staff contends that the use will not negatively impact any parking, landscape, or other zoning related development requirements of the overall salvage yard.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The subject property is designated as appropriate for Heavy 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:
Development Review Committee recommends approval of the request w/ adherence to the following review comments:
ENGINEERING/FLOODPLAIN: Stephanie Griffin/Brent O’Neal (972) 237-8141
M. 1. The elevation of the top of the existing slab must be provided in order to determine if the proposed equipment can rest on the slab or if it has to be elevated above the slab. All equipment and electrical connections must be two or more feet above the base flood elevation. Part 1 of the floodplain development permit is required and can be downloaded from the City’s website at <http://70.128.162.44:8080/public/Engineering%20Standards/Permit_Forms/Floodplain_Permits/Floodplain%20Application%20FYE%202015-Part1.pdf>
Note: As of the date of this report, a floodplain development permit has been issued. The permit is valid through July 1, 2017. The applicant is required to install the equipment per the conditions in the floodplain permit.
M. 2. Because the proposed project is to bring equipment into an existing building, a Corridor Development Certificate (CDC) permit is not required.
ENVIRONMENTAL SERVICES: Terri Blocker, (972) 237-8461
Environmental Services comments
3925 E Jefferson
1. Comply with all local, state and federal environmental regulations.
2. Provide a copy of the TCEQ air authorization prior to the issuance of a building permit.
BUILDING INSPECTIONS: Rob Ard, (972) 237-8230
M. 1. For Smelting / Furnace installation:
• SEPARATION AND/OR PROTECTION (Ref. 2015 IBC, Table 509
Furnace room where any piece of equipment is over 400,000 Btu per hour input, a 1 hour rated separation from other occupancies are required or provide automatic sprinkler system
• A Permit will be required for installation of equipment and any modification to building
• Sec. 7-65. - Unlawful to connect unlisted electrical equipment.
It shall be unlawful for any person to use or install any electrical apparatus, material, appliance, or fixture for use in connection with wiring of any kind unless such apparatus, material, appliance, or fixture has been tested, listed, and labeled by an approved testing laboratory acceptable to the chief electrical inspector.
(Ord. No. 6977, § 6, 2-3-04)
• Installation shall meet the requirements of the 2015 IMC and Fuel and Gas Code.
FIRE DEPARTMENT: Joel Anderson, (972) 237-8300
M. 1. Based on the complexities of the furnace you have purposed to install in your building, the Grand Prairie Fire Department request that you provide a technical opinion from a qualified engineer or specialist. The review needs to show compliance with Chapter 30 of the 2015 IFC along with NFPA 86 standard for installation of Furnaces.
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 AN INDUSTRIAL HAZARDOUS USE (ALUMINUM SMELTER) IN THE HEAVY INDUSTRIAL (HI) DISTRICT, TO WIT: BEING AN 8.0 ACRE TRACT OF LAND OUT OF THE DAVID WHITE SURVEY, ABSTRACT NO. 1559, DALLAS COUNTY, TEXAS, 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 an Industrial Hazardous Use (Aluminum Smelter) in the Heavy Industrial (HI) District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on July 11, 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 an Industrial Hazardous Use (Aluminum Smelter) in the Heavy Industrial (HI) 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 6 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 an Industrial Hazardous Use (Aluminum Smelter) in the Heavy Industrial (HI) 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 August 2, 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 999 for the property location as shown in attached Exhibit A - Location Map and as legally described as shown in Exhibit D - Legal Description.
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 Specific Use Permit for an Industrial Hazardous Use (Aluminum Smelter) in the Heavy Industrial (HI) 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 Heavy 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 B- Site Plan, Exhibit C - Operational Plan and the following staff recommended conditions of approval:
a. The elevation of the top of the existing slab must be provided in order to determine if the proposed equipment can rest on the slab or if it has to be elevated above the slab. All equipment and electrical connections must be two or more feet above the base flood elevation. The applicant is required to install the equipment per the conditions in the floodplain permit.
b. Development must comply with all local, state and federal environmental regulations.
c. Must provide a copy of the TCEQ air authorization prior to the issuance of a building permit.
d. SEPARATION AND/OR PROTECTION (Ref. 2015 IBC, Table 509
i. Furnace room where any piece of equipment is over 400,000 Btu per hour input, a 1 hour rated separation from other occupancies are required or provide automatic sprinkler system.
ii. A Permit will be required for installation of equipment and any modification to building.
iii. Sec. 7-65. - Unlawful to connect unlisted electrical equipment. It shall be unlawful for any person to use or install any electrical apparatus, material, appliance, or fixture for use in connection with wiring of any kind unless such apparatus, material, appliance, or fixture has been tested, listed, and labeled by an approved testing laboratory acceptable to the chief electrical inspector. (Ord. No. 6977, § 6, 2-3-04)
iv. Installation shall meet the requirements of the 2015 IMC and Fuel and Gas Code.
e. Based on the complexities of the furnace you have purposed to install in your building, the Grand Prairie Fire Department request that you provide a technical opinion from a qualified engineer or specialist. The review needs to show compliance with Chapter 30 of the 2015 IFC along with NFPA 86 standard for installation of Furnaces.
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 Certificate of Occupancy 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. 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. 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.
4. 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.
5. 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 2nd DAY OF AUGUST, 2016.
Ordinance No. 10108-2016
Specific Use No. 999
Case No. SU080605A