From
Chris Hartmann
Title
SU171103 - Specific Use Permit - NaturoMulch, John Spoon Survey Abst 1326 (City Council District 1). Specific Use Permit authorizing the construction of one building for office commercial use and to allow sales of playground mulch and other landscaping materials with Outdoor Storage on 3.385 acres. Tracts 17 and 22, John Spoon Survey, Abstract No. 1326, City of Grand Prairie, Dallas County, Texas generally located on the north side of W. Shady Grove Road approximately 1,800 feet east of SH 161 and addressed as 690 and 706 W. Shady Grove Road. Zoned Light Industrial (LI) District, within the SH 161 Overlay District. The agent is Luis Salcedo, Salcedo Group Inc., the owner/applicant is Omprakash Goyal. (On November 6, 2017, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0).
Presenter
David Jones, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
Specific Use Permit authorizing the construction of one building for office commercial use and to allow sales of playground mulch and other landscaping materials with Outdoor Storage on 3.385 acres. Tracts 17 and 22, John Spoon Survey, Abstract No. 1326, City of Grand Prairie, Dallas County, Texas generally located on the north side of W. Shady Grove Road approximately 1,800 feet east of SH 161 and addressed as 690 and 706 W. Shady Grove Road. Zoned Light Industrial (LI) District, within the SH 161 Overlay District.
ADJACENT LAND USES AND ACCESS:
North - Industrial uses, within the floodway and zoned Light Industrial
South - Industrial uses, zoned Planned Development-221
East - Industrial uses, within the floodway and zoned Light Industrial
West - Industrial uses, zoned Light Industrial
PURPOSE OF REQUEST:
The applicant is seeking a Specific Use Permit on a 3.385 acre property to allow for the construction of one building for office commercial use and to allow sales of playground mulch and other landscaping materials with Outdoor Storage.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The 2010 Comprehensive Plan’s Future Land Use Map (FLUM) designates the property as Industrial. The proposal is consistent with the FLUM.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
Use:
The proposed NaturoMulch sales and inventory storage center is located at 690 and 706 W. Shady Grove Road. NaturoMulch sells, installs, and displays outdoor living products. NaturoMulch plans on storing landscaping material, playground mulch, playground equipment and landscaping tools within an enclosed storage area or product bins as shown on the Site Plan.
Two gated drives from Shady Grove Lane will provide access to the site with the two drives forming a continuous drive looping through the site. The west drive provides access to parking, the covered storage area, and the proposed office and sales area, while the east drive provides access to the product storage bins. The drive will be striped as a 24 foot fire lane.
Employees and Hours of Operation:
The applicant is proposing to employ 3-5 employees and operate the business Monday - Saturday 7am - 6pm.
Dimensional Standards:
|
Table 1: Proposed Dimensional Standards for LI |
|
Standard |
Required |
|
Minimum Lot Area (Sq. Ft.) |
15,000 |
|
Minimum Width (Ft.) |
100 |
|
Minimum Depth (Ft.) |
150 |
|
Front Yard Setback (Ft.) |
25 |
|
Rear Yard (Ft.) |
0 |
|
Minimum Masonry Content |
85% |
|
Maximum Height |
50 |
|
Minimum Required Landscaping |
4% |
Access:
Access to the subject property will be from W. Shady Grove. Staff has informed the applicant that the fire lane(s) and parking spaces on the subject property will need to be paved with concrete.
REQUESTED APPEALS BY APPLICANT:
The applicant is requesting to utilize gravel paving surface in the areas of the yard adjacent to the inventory bins. Because of the nature of the business and the storage of mulch and landscaping materials adjacent to the proposed gravel areas, Staff does not oppose this request.
RECOMMENDATION:
The Development Review Committee recommends approval of the Specific Use Permit subject to DRC comments and with the following condition:
- That the asphalt drive aisles, parking spaces, and fire lane be shown as concrete.
- That the proposed outdoor product storage bins be constructed of masonry to the standards of a Type I screening wall wherever the exterior walls of the bins are visible from the public right of way or an adjacent property.
P&Z RECOMMENDATION:
At its November 6, 2017 meeting, the Planning and Zoning Commission voted 9-0 to recommend approval as presented and recommended by staff.
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 OUTSIDE STORAGE USE, TO WIT: BEING 3.385 ACRES SITUATED IN THE JOHN SPOON SURVEY, ABST NO. 1326, TRACT 17 AND 22, CITY OF 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 Outside Storage Use in a Light Industrial (LI) District; and;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on November 6, 2017, 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 Outside Storage Use in a Light Industrial (LI) 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 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 Outside Storage Use in a Light Industrial (LI) 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 November 21, 2017 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..."
and passed and approved November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit numbered 1036 for the property location described as follows:
690 and 706 W. Shady Grove, also being described as being 3.385 acres situated in the John Spoon Survey, Abst. 1326, Tract 17 and 22, City of Grand Prairie, Dallas County, Texas and as shown on the approved site plan labeled as Exhibit A - Site Plan and Exhibit B - Location Map, which are incorporated by reference.
SECTION 2: Specific Use Permit
FOR OPERATION OF A OFFICE AND INDUSTRIAL USE BUSINESS WITHIN A LIGHT INDUSTRIAL (LI) DISTRICT.
1. The development shall conform to the City Council approved Site Plan (Exhibit A - Site Plan).
2. As outlined within the Operational Plan contained within the Specific Use Permit Application File No. SU171103, and as more specifically stated and codified herein, the development shall adhere to the following operational standards:
A. No Certificate of Occupancy shall be issued without approval by staff;
B. Storage bin walls which face or are visible from the public right of way shall substantially conform to the materials and general appearance of those walls depicted in Exhibit B;
C. The public right-of-way shall not be used for overflow parking;
D. All vehicle parking and fire lanes shall be on city approved surfaces;
E. The use of gravel pavement is limited to the areas depicted on the approved Site Plan (Exhibit A);
F. All operations shall maintain compliance with all federal, state, and local environmental regulations;
G. Must practice all best management practices listed in its storm water pollution prevention plan.
3. Future expansions to this facility will require the submittal of a revised site plan for review and approval to the Planning Department.
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 issued for a Specific Use Permit for Outdoor Storage Use within one (1) year after City Council adoption of this Ordinance, or upon cessation of the use for a period of six (6) months or more.
2. The SUP for Outdoor Storage Use will expire/terminate with the current applicant if property is sold or use is discontinued with current applicant.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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 21st of NovemBER, 2017.
CASE NUMBER: SU171103
ORDINANCE NUMBER: 10396-2017
SPECIFIC USE PERMIT NUMBER: 1036