From
Chris Hartmann
Title
Z180503 - Zoning Change - 515 E. Rock Island Rd (City Council District 1). A request to rezone 0.9 acre tract from Commercial (C ), District to a Light Industrial Planned Development (LI-PD) District for consideration of a Truck Storage Facility. Tract 26, Bear Creek Unrecorded, in the John C. Read Survey, Abstract No 1183, City of Grand Prairie, Dallas County, Texas. 0.904 acres zoned Commercial (C) District generally located south of E. Rock Island Road and approximately 1,200 feet west of N. Belt Line Road, addressed at 515 E. Rock Island Road. The owner is Juan Olmedo. (On June 4, 2018, the Planning and Zoning Commission denied this request by a vote of 8-0). This case is being appealed per Article 1 Section 1.11.5.9 of the Unified Development Code.
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Deny
Analysis
SUMMARY:
Consider approval to rezone a 0.9 acre tract from Commercial (C) district to Planned Development-Light Industrial (PD-LI) district allowing for Truck Storages uses. The 0.9-acre unplatted property is located south of E. Rock Island Road and approximate 1,200 feet west of N. Belt Line Road; addressed as 515 E. Rock Island Road (Council District 1). The property is zoned Commercial (C) District.
ADJACENT LAND USES AND ACCESS:
North: To the north is E. Rock Island Road which is Grand Prairie’s City Limit boundary with the City of Irving.
South: Properties to the immediate south is owned by City of Grand Prairie and zoned Commercial (C) district. Sixty (60’) south of open area is zoned SF-3; Greenwood Hills South single family neighborhood.
East: Adjacent to the east property is zoned Commercial (C) district, used for Sign Company (Fabrication and Installation)
West: Adjacent to the west, property is zoned Commercial (C) district and being used for industrial purposes (Lone Star Parade Floats).
PURPOSE OF REQUEST:
The purpose of the request is to rezone an approximately one (1) acre property from Commercial (C) district to Planned Development -Light Industrial district allowing for a Truck Storage Facility.
Truck storage uses generally involve a facility capable of storing commercial over-the road truck systems and tractor-trailer type vehicles extending over 24-hour period.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
This case was prompted by the applicant’s use of the property without an official Certificate of Occupancy permit. Dallas County records indicate the Commercial zoned, one acre property was purchased in July 2015. 2005 Records indicate permits were applied for fence, electrical and retaining wall; however no Certificate of Occupancy is on record. There are tell-tale signs of vehicular storage occurring on the site.
As indicated on the site exhibit, the one acre property is 100’ width and approximately 400’ depth and is generally flat. The surface is approximately 80% crushed gravel and approximately 20% concrete paving located towards the rear (south side) of the property. An existing 8’ wooden fence surrounds the property and is supported by a concrete retaining wall on the east property boundary. Direct access is from a commercial driveway at Rock Island Road and secured by a 29’ sliding gate.
Improvements were made off-site along the southern portion of City-owned property and the owner has been made aware of the requirement to remove/relocate any and all parking, storage and improvements, including relocating the existing fence that extends beyond the property’s boundary.
There are no structures on the property and none are proposed. In accordance to the applicant’s Operational Plan, the company, Transport Solutions, intends to store up to 10 tractor-trailer rigs, operating from 8:00 AM to 6:00 PM Monday thru Saturday, with two employees.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The 2010 Comprehensive Plan’s Future Land Use Map (FLUM) designates the rezoning area as Mixed Use. The proposed Planned Development with LI, Light Industrial is not listed in the Comprehensive Plan as being compatible with the Mixed Use designation of Future Land Use Map, although there is a concurrent item on the agenda to consider amending the FLUM to Light Industrial to accomodate this request.
While the proposal is not compatible with the existing FLUM designation, staff has evaluated the current designation recommending consideration be made to amend it from Mixed Use to a more conducive category consistent with the area.
RECOMMENDATION:
Because the proposed zoning does not conform to the Comprehensive Plan, staff cannot fully support the request. In addition, staff has concerns regarding the proximity of this request to the single family residential neighborhood to the south and a Truck Storage operation’s potential spillover impact (noise, smoke, and lighting) to the single family neighborhood.
Staff recommends denial of the zoning request and the cessation of any activities not allowed under the current zoning.
If the Planning Commission elects to recommend approval of the request, staff recommends the following conditions:
1. Maximum of 10 trailer parking spaces;
2. No leasing of the property to outside operators other than the applicant;
3. No storage of any goods, materials, vehicles, or equipment other than trailers;
4. No repair work shall be conducted on-site;
5. Future parking expansion shall require an amendment to the zoning and may take place only on a paved concrete surface;
6. The trailer parking use shall expire after a period of 10 years from the time of approval and the use of the property shall revert to uses allowed in the C, Commercial zoning district.
The Planning and Zoning Commsiion recemmend to deny the applcant request by vote of 8-0.
Body
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND MAP TO REZONE 0.9 acre Tract, located in the unrecorded bear creek, tract 26, City of Grand Prairie, Dallas County, Texas, FROM COMMERCIAL (C) DISTRICT TO A PLANNED DEVELOPMENT DISTRICT FOR LIGHT INDUSTRIAL DISTRICT (PD-LI) FOR TRUCK STORAGE USES; SAID ZONING ORDINANCE AND MAP BEING 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 rezone and reclassify said property from its classification of COMMERCIAL (C) DISTRICT TO A PLANNED DEVELOPMENT DISTRICT FOR LIGHT INDUSTRIAL DISTRICT (PD-LI) FOR TRUCK STORAGE USES; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on June 4, 2018, after written notice of such public hearing before the Planning and Zoning Commission on the proposed rezoning had been sent to owners of real property lying within 300 feet of the property on which the change of classification 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 denial to the City Council of Grand Prairie, Texas, of the request that the hereinafter described property be rezoned from its classification of COMMERCIAL (C) DISTRICT TO A PLANNED DEVELOPMENT DISTRICT FOR LIGHT INDUSTRIAL (PD-LI) FOR TRUCK STORAGE 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 June 19, 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, Grand Prairie, 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 proposed rezoning and the City Council of the City of Grand Prairie, Texas, being informed as to the location and nature of the 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, changing the zoning from its classification of COMMERCIAL (C) DISTRICT TO A PLANNED DEVELOPMENT DISTRICT FOR LIGHT INDUSTRIAL (PD-LI) FOR TRUCK STORAGE USES 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: I.
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:
“AN ORDINANCE AMENDING IN ITS ENTIRETY CHAPTER 28 OF THE CODE OF ORDINANCES KNOWN AS THE ZONING ORDINANCE 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…”
Being passed and approved November 20, 1990, as amended, is hereby further amended so as to rezone the following described area from its classification of COMMERCIAL (C) DISTRICT TO A PLANNED DEVELOPMENT DISTRICT (PD-LI) FOR LIGHT INDUSTRIAL USES ALLOWING FOR TRUCK STORAGE;
Description of Land:
uNRECORDED BEAR CREEK, TRACT 26, ADDRESSED AT 515 e. ROCK ISLAND ROAD, City of Grand Prairie, Dallas County, Texas a total of .09 acre AND AS DESCRIBED IN THE ATTACHED EXHIBIT A - LEGAL DESCRIPTION AND DEPICTED IN THE ATTACHED EXHIBIT B - ZONING EXHIBIT INCORPORATED HEREIN BY REFERENCE.
II.
PURPOSE AND INTENT
The intent of this planned development is to create a cohesive industrial development with primary uses as found in the Unified Development Code for Light Industrial zoning and site-specific development standards where appropriate. Use of the property shall conform to the Site Plan, Exhibit B and Operational Plan, Exhibit C incorporated herein by reference.
III.
DEVELOPMENT STANDARDS
A. APPLICABILITY
1. That, all development on land located within the boundaries of this Planned Development District shall adhere to the rules and regulations set forth in Exhibit C, Operational Plan.
2. That, except as otherwise provided, these Planned Development District Standards govern development within this Property and, in the event of any conflict or inconsistency between these Planned Development District Standards and the applicable City regulations, the terms and provisions of these Planned Development District Standards shall control.
B. GENERAL
That, development of the subject property shall be in accordance with and conform to the City of Grand Prairie Unified Development Code (UDC) and the Light Industrial, LI District unless otherwise specified herein.
C. SITE PLAN/SITE EXHIBIT
1. Development shall be in substantial conformance with the Site Plan/Site Exhibit contained in Exhibit B of this ordinance, as determined by the Planning Director or his designee.
2. Parking shall be limited to no more than 10 trucks owned and operated by the property owner. No subleasing of parking area is allowed on the property. Any future expansion of parking or change in operation may only be allowed through an amended Site Plan showing all proposed parking spaces as concrete. No parking of any vehicles shall take place other than on a concrete surface. Any other improvements shall be performed in a manner consistent with this ordinance and with the Unified Development Code of the City of Grand Prairie.
3. No outside storage or vehicle repairs of any kind shall take place on the property.
4. All improvements are to be removed from City Owned property prior to issuance of a Certificate of Occupancy.
5. The certificate of occupancy may not be transferred and shall expire 10 years from the date of approval.
IV.
That, all ordinances or parts of ordinances in conflict herewith are specifically repealed.
V.
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 19th day of June, 2018.
ORDINANCE NO. XXXXX-2018
PLANNED DEVELOPMENT NO. XXX
ZONING CASE NO. Z180503