From
Chris Hartmann
Title
SU151101 - Specific Use Permit - 2000 E Pacific Ave (City Council District 5). Approve a Specific Use Permit permitting the operation of small trucking company w/fleet truck maintenance (including major truck repair) AND permitting the operation of major truck repair of non-fleet vehicles. The 0.55375 acre property, zoned Light Industrial (LI) District and located within the Central Business District No. 3 (CBD-3), is addressed as 2000 E. Pacific Avenue. The property is located at the northeast corner of E. Pacific Avenue and Industrial Avenue. The agent is Angelo Chokas, the applicant is David Ramirez, Ramco Logistics, and the owner is Billy Suggs. (On December 7, 2015, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
SUMMARY:
SU151101 - Specific Use Permit - 2000 E Pacific Ave (City Council District 5). Consider a request to approve a Specific Use Permit permitting the operation of small trucking company w/fleet truck maintenance (including major truck repair) AND permitting the operation of major truck repair of non-fleet vehicles. The 0.55375 acre property, zoned Light Industrial Limited Standards (LI-LS) District and located within the Central Business District No. 3 (CBD-3), is addressed as 2000 E. Pacific Avenue. The property is located at the northeast corner of E. Pacific Avenue and Industrial Avenue. The agent is Angelo Chokas, the applicant is David Ramirez, Ramco Logistics, and the owner is Billy Suggs.
ADJACENT LAND USES AND ACCESS:
North - The property directly north is zoned Light Industrial-Limited Services (LI-LS) District and is developed with industrial uses.
South - Immediately to the south is E. Pacific Avenue, a local street. South of the street is rail road line and E. Jefferson.
East - The property directly north is zoned Light Industrial-Limited Services (LI-LS) District and is developed with industrial uses.
West - Immediately to the west is Industrial Avenue, a local street. The property directly north is zoned Light Industrial-Limited Services (LI-LS) District and is developed with industrial uses.
PURPOSE OF REQUEST:
Angelo Chokas, representing Billy Suggs (owner) and David Ramirez (applicant), is seeking City Council approval of a Specific Use Permit application authorizing the operation of a small trucking dispatch business, w/fleet maintenance, on a developed industrial 0.55375 acre tract of land located within Central Business Corridor No. 3. As part of the applicant’s trucking business operations, the applicant is also seeking a specific use permit authorizing the operation of major truck repair of non-fleet vehicles, which is classified, in Article 4 of the UDC, as Truck & Heavy Equipment Repair. This use is permitted by right in the Light Industrial (LI) District (all uses located within the LI District are permitted in the LI-LS District), but requires a Specific Use Permit if located within the Central Business District. The applicant is also seeking approval for Major Auto Repair.
In accordance with Section 14, “Use Charts” of the Article 4 of the Unified Development Code (UDC), a specific use permit is required to operate a trucking company (Transfer & Storage Terminal per NAICS 484110) and/or a truck repair business (Truck & Heavy Equipment Repair per NAICS 423000/523000) in the Light Industrial (LI) District. Further, and specific use permit is required to operate a Major Auto Repair per NAICS 811111 together with Outdoor Storage per NAICS 493190 and/or Heavy Equipment Storage per NAICS 530000. As such, the development must meet the minimum requirements prescribed in the UDC for the property’s underlying zoning district classification, and as applicable, adhere to the additional standards specified in the UDC, Appendix R “Central Business District No. 3.” The purpose of the specific use permit review is to ensure full compliance with these regulations and standards.
PROPOSED CHARACTERISTICS AND FUNCTION:
Use
According to the applicant’s operational plan and based on conversations with the applicant and his representative, Ramco Logistics is primarily a small truck dispatch company doing business with five (5) trucks operating primarily in the upper Midwest. In addition to dispatch services, the applicant proposed to park/store his fleet trucks, when not on the road, which include up to five (5) semi-tractors and five (5) semi-tractor-trailers. Further, the applicant proposes to service and maintain (including major repair) his fleet trucks as well as non-fleet trucks. Finally, the applicant proposes to conduct major auto repair of passenger cars and trucks to supplement the trucking business. All service work and repairs are to be conducted indoors.
Site and Dimension Standards
The subject property is 0.55375 acre property in size. The property is platted as part of the Twin Airports Industrial Addition, including Lots 35-40, Block O and Parts of Lots 32 to 34 and Parts of Lots 30 to 32. All minimum lot dimensional standards are met except for the required lot depth of 150 feet. The existing tract is only 90 feet deep. Staff recommends that the property be platted into a single lot.
Building
The property consists of one existing metal building that totals 3,840 sq. ft. (48’ x 80’). The building contains a small office area built into the southwest corner of the building. The balance of the building is shop floor area. The building consists of three overhead shop door facing E. Pacific Street and one overhead shop door facing Industrial Avenue. The applicant’s representative stated to staff that the west facing (Industrial Avenue) overhead door will not be used for vehicle access in and out of the building.
Access/Parking/Fencing
The property is accessed from both Industrial Avenue and E. Pacific Street. In regards to on-site parking, the UDC requires one (1) parking space per 400 square feet of building area. Therefore, a minimum of ten (10) on-site parking spaces are provided. The site plan includes eleven (11) parking spaces. To accommodate the proposed on-site parking/storage of up to five (5) semi-tractors and up to five (5) semi-trailers (the applicant’s fleet vehicles), the applicant proposed to utilize the unpaved (gravel) parking lot located east of the building. The applicant also proposes to park/store up to ten (10) passenger cars or trucks on this same gravel lot. The gravel lot is screened by six (6) foot high metal fence. All parking standards are met except for the lack of concrete of the fenced parking lot. The applicant is seeking a waiver of this standard.
Landscaping
As the property is developed, no improvements, including landscaping are proposed as part of this application request.
Dumpster Enclosure
A dumpster will be housed between the metal building (west side) and metal fence (east/north sides) and metal gates (south side).
COMPREHENSIVE PLAN:
The subject property is designated as appropriate for Light Industrial uses on the Future Land Use Map (FLUM). The proposal is consistent with the plan.
REQUESTED APPEAL BY APPLICANT:
1. Concrete Paving of Gravel Parking Lot - The application is seeking a waiver of this requirement.
RECOMMENDATION:
Since the applicant is requesting the above noted appeal, the Development Review Committee is not able to recommend full approval of this case.
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 A TRUCKING DISPATCH COMPANY W/TRUCK FLEET MAINTENANCE, TRUCK AND HEAVY EQUIPMENT REPAIR, AND MAJOR AUTO REPAIR WITHIN THE LIGHT INDUSTRIAL -LIMITED SERVICES (LI-LS) DISTRICT, TO WIT: BEING A 0.55375 ACRE TRACT OF LAND SITUATED IN BLOCK O OF THE TWIN AIR PORTS INDUSTRIAL ADDITION, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, AND AS 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 granting a Specific Use Permit for a Trucking Dispatch Company w/Truck Fleet Maintenance, Truck and Heavy Equipment Repair, and Major Auto Repair within the Light Industrial-Limited Services (LI-LS) District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on December 7, 2015, 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 Trucking Dispatch Company w/Truck Fleet Maintenance, Truck and Heavy Equipment Repair, and Major Auto Repair within the Light Industrial-Limited Services (LI-LS) 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 8 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended granting a Specific Use Permit for a Trucking Dispatch Company w/Truck Fleet Maintenance, Truck and Heavy Equipment Repair, and Major Auto Repair within the Light Industrial-Limited Services (LI-LS) 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 December 15, 2015, 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 983 for the property location as shown in attached Exhibit C - Location Map as legally described as follows:
Tract 1
Being the North ninety (90) feet of Lots 30, 31, and 35-40; and the North ninety (90) feet of the East 1/2 of Lot 32, all in Block O of the Twin Air Ports Industrial Addition, an Addition to the City of Grand Prairie, Dallas County, Texas, according to the Plat thereof recorded in Volume 4, Page 309, Map Records, Dallas County, Texas.
Tract 2
Being all of the West 1/2 of Lot 32 and all of Lots 33 and 34, Block O of the Twin Air Ports Industrial Addition, an Addition to the City of Grand Prairie, Dallas County, Texas, according to the Plat thereof recorded in Volume 4, Page 309, Map Records, Dallas County, Texas.
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 operation of a Trucking Dispatch Company w/Truck Fleet Maintenance, Truck and Heavy Equipment Repair, and Major Auto Repair within the Light Industrial-Limited Services (LI-LS) District, the following standards and conditions are hereby established as part of this ordinance:
1. The development shall maintain full adherence, unless herein modified, 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. The development shall adhere to the City Council approved Exhibit A - Site Plan, Exhibit B - Operational Plan, which includes the following exception (appeal) to the above noted standards:
a. Concrete Paving: The requirement to pave the parking/storage yard with concrete, installed to city standards and prior to its use, is hereby waived for a period of time not to exceed five (5) years from the date of this approval. Prior to the installation of concrete, the parking/storage yard shall be improved with good gravel and shall be maintained in good repair. The property owner, at his or her discretion, shall have the option to seek, from City Council, a renewal or extension of the five (5) year waiver of the requirement to pave the parking/storage yard with concrete. However, if after five (5) years the parking/storage yard is not paved with concrete and an extension of the concrete waiver has not be granted, the property shall be deemed to be non-compliant with this ordinance and the City may seek all necessary actions to achieve compliance.
3. The development shall adhere to the following conditions of approval:
a. Only one Certificate of Occupancy shall be issue under this specific use permit ordinance. The property shall not be sub-leased to, or otherwise occupied by, more than one (1) business. If the business is transferred to a new owner, the issuance of new certificate of occupancy for this property shall be predicated on:
i. The previous certificate of occupancy shall be returned to Building Inspections, or
ii. A signed and dated letter from the property owner shall be submitted to Building Inspections declaring the previous business/use is no longer operating.
b. All repair, maintenance, and inspection of vehicles/equipment shall be performed indoors.
c. Salvaging of any kind is prohibited.
d. No parking or storing of inoperable vehicles within the designated parking spaces located outside of the fenced storage yard.
e. All vehicles shall be parked within clearly marked parking spaces, as shown on the approved site plan. There shall be no parking within drive aisles.
f. Parking and/or storage within the fenced storage yard located east of the 3,840 square foot metal shop building shall be limited to no more than the following:
i. Five (5) semi-tractors.
ii. Five (5) semi-tractor-trailers.
iii.Ten (10) passenger vehicles.
g. The business operator shall maintain a Service/Repair Ledger of every vehicle brought in for service or repair. The ledger shall be kept on-site and shall be made available for immediate viewing upon request by Code Enforcement or Police Department personnel during inspections or investigations. The ledger shall contain the following minimum information:
i. Date the vehicle entered the site for services or repairs;
ii. Customer Name;
iii.Vehicle Identification Number, Make, Model and Year;
iv.Type of services or repairs needed and/or performed;
v. Estimated time of completion;
vi.Date work completed;
vii.Date vehicle was removed from site.
h. All inoperable vehicles shall be parked or stored inside or within the screened storage yard.
i. All operations shall maintain compliance with all federal, state, and local environmental regulations.
j. All operations shall maintain compliance with City Ordinance No. 7408, Automotive Related Business (ARB) regulations; and
k. Must practice all best management practices listed in its storm water pollution prevention plan.
SECTION 4: COMPLIANCE
All development must conform to the approved site plan and all exhibits incorporated as exhibits to this ordinance, 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 15TH DAY OF DECEMBER 2015.
Ordinance No. 9991-2015
Case No. SU151101
Specific Use Permit No. 983