From
Chris Hartmann
Title
SU160703 - Specific Use Permit - Tiny Bubbles (City Council District 5). Approve a specific use permit to operate a laundry mat. The 2.39-acre property, located at 513 W. Jefferson Street, is zoned Central Area (CA) District and is within District 2 of the Central Business District (CBD) Overlay. The agent is Michael Hassett, Jones Hassett, PC, the applicant is Sheikh Hossain, Eiksa Group LLC, and the owner is Ifeanyi Ehiobu, Ernesti Properties LLC. (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:
Consider a request to approve a specific use permit to operate a laundrymat. The 2.39-acre property, located at 513 W. Jefferson Street, is zoned Central Area (CA) District and is within District 2 of the Central Business District (CBD) Overlay.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Use |
|
North |
Railroad Tracks |
|
South |
Multi-family-1 (MF-1) and Single Family-6 (SF-6) Districts |
Multi-family and Single Family Residential |
|
East |
CA and CBD-2 Districts |
Financial Institution |
|
West |
CA and CBD-2 Districts and Single Family-5 District with SUP-716 for Residential Use in CBD. |
Commercial/Retail and Single Family Residential uses |
PURPOSE OF REQUEST:
The applicant is requesting approval of a specific use permit (SUP) to operate a coin-operated laundry in an existing industrial building on 2.39 acres. The subject site is currently zoned CA district and is within the CBD-2 District.
BACKGROUND:
On May 17, 2016, an application for a specific use permit approval was submitted for consideration.
On June 23, 2016, a Development Review Committee (DRC) meeting was held. Staff met with the applicant to discuss the proposal. The proposal was cleared to move forward subject to conditions found in the recommendation section of this report.
On June 20, 2016, legal notice of the July 11, 2016, Planning and Zoning Public Hearing was published in the Fort Worth Star Telegram.
On June 24, 2016, public hearing notices were mailed to affected property owners and notice of the upcoming public hearing was published in the Fort Worth Star Telegram.
On July 11, 2016, the item is scheduled to be heard by the Planning and Zoning Commission.
On August 2, 2016, the item is scheduled to be heard by the City Council.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map (FLUM) of the 2010 Comprehensive Plan designates this area as Mixed Use (MU). The FLUM identifies development in this category should include residential, personal service and some limited office uses in a pedestrian oriented development. The applicant is requesting permission to occupy a suite in an existing commercial strip center. This development is not a mixed use development and it is not pedestrian oriented; however the center is existing. The proposal is inconsistent with the FLUM.
ZONING REQUIREMENTS
Tiny Bubbles, a coin-operated laundry, has existing facilities in other cities and has chosen to open a new location in Grand Prairie in an existing commercial strip center. This use is classified as Laundry (Self Serve) by Article 4 of the Unified Development Code. Self Serve laundries uses are permissible in the CA District with approval of a Specific Use Permit from the City Council.
REQUESTED APPEALS BY APPLICANT:
No appeals have been requested as part of this proposal.
RECOMMENDATION:
The DRC recommends approval of the request for a Specific Use Permit to allow operation of a Self Serve Laundry use subject to the recommendations of the Development Review Committee.
ENVIRONMENTAL SERVICES: Terri Blocker, (972) 237-8461
M. 1. Must maintain compliance with all federal, state and local environmental regulations.
FIRE DEPARTMENT: Joel Anderson, (972) 237-8300
M. 1. Show hydrants and purposed hydrants.
M. 2. If the occupant load is over 49 then two exit doors will be required.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE ZONING ORDINANCE AND MAP BY SHOWING THE LOCATION, BOUNDARY, AND USE OF CERTAIN PROPERTY FOR A SPECIFIC USE PERMIT FOR A SELF-SERVE LAUNDRY IN THE CENTRAL AREA DISTRICT (CA) AND IN DISTRICT 2 OF THE CENTRAL BUSINESS-2 (CBD-2) OVERLAY DISTRICT TO WIT: BEING A 2.39-ACRE TRACT OUT OF THE MCKINNEY AND WILLIAMS SURVEY, ABSTRACT NO. 1003, IN THE CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, AND BEING LOT 1, BLOCK 1, OF THE JEFFERSON RETAIL ADDITION; 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 to include a Specific Use Permit for a self-serve laundry; 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 a Specific Use Permit for a self-serve laundry 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 to allow a Specific Use Permit for a self-serve laundry; 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 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..."
passed and approved November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit numbered 1003 for the property, legally described as Lot 1, Block 1, of the Jefferson Retail Addition, depicted in Exhibit B - Location Map, and addressed as 513 W. Jefferson Street.
SECTION 2.
Specific Use Permit
FOR OPERATION OF A SELF-SERVE LAUNDRY - IN THE CENTRAL AREA DISTRICT (CA) AND IN DISTRICT 2 OF THE CENTRAL BUSINESS-2 (CBD-2) OVERLAY DISTRICT. The following conditions are hereby established as part of this ordinance:
A. All operations shall conform to the Planning and Zoning Commission specific use permit and operational plan for case number SU160703, as approved.
B. Applicant shall maintain compliance with all federal, state, and local environmental regulations.
C. The self-serve laundry shall be in substantial conformance with all applicable standards of the Unified Development Code, as amended.
D. The self-serve laundry shall be in substantial conformance with the Site Plan Package, attached hereto as Exhibit “A”.
E. DRINKING WATER PROTECTION: All new commercial establishments within the City of Grand Prairie must be equipped with appropriate cross connection device protection on the main waterline, fire line and irrigation lines.
F. Additional cross connections devices may be required under the provisions of City Code Chapter 13 Article X depending on how water will be used in the facility.
G. A Storm Water Pollution Prevention Plan (SWP3) which has been prepared and sealed by a licensed engineer showing storm water quality best management practices (BMPs) for construction activities must be submitted with building permit applications. BMPs must comply with the North Central Texas COG BMP manual, Storm Water Quality Best Management Practices for Construction Activities.
H. REFUSE CONTAINERS: During all phases of construction projects, all waste disposal services shall be contracted with Grand Prairie Disposal Company, J.C. Duncan. Commercial-type refuse containers (dumpsters and roll-offs) shall be placed at a location arranged in advance with the city’s contractor, Grand Prairie Disposal Company, J.C. Duncan. If materials are to be recycled, they shall not be co-mingled with trash. All property owners or facility owners shall contact Grand Prairie Disposal Company at (817) 261-8812 [city code 26-105(a)]. Mechanical garbage and trash compactors shall conform to city code sections 29-74 and 26-75. The general contractor shall be held responsible for ensuring compliance with these city codes.
I. NUISANCE: No operations or activities may result in creation of a nuisance as defined in city code 29-68(12) to (29). Specifically, no building, road or construction activity may cause water to stand and result in mosquito harborage.
J. MOSQUITO HARBORAGE: Property owners shall be responsible for all mosquito control activities on any body of water created as part of the site drainage plan. [city code 29-68(3)]
K. NOISE: All noise created during the construction and subsequent operational activities conducted on the subject property must comply with City Code Chapter 13, Article XIII, Sections 13-275 to 13-286. Construction must be limited the daytime hours between six o’clock a.m. and ten o’clock p.m. when constructing a building with 300 feet of a residence.
L. ILLEGAL STORM WATER RUNOFF: Only rain water is allowed into the storm water system. Any wastewater generated from any swimming pool maintenance, commercial or industrial operations must be discharged to the sanitary sewer. All discharges into the sanitary sewer must comply with all federal, state, and local industrial discharge requirements [40 CFR part 122 and city code 26-40 to 26-69]
SECTION 3.
Compliance
All development must be in substantial conformance with Exhibit A - Site Plan Package of this ordinance, which is herein incorporated 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 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 2nd day of august, 2016.
ordinance no. 10106-2016
specific use permit no. 1003
case no. SU1600703