From
Monica Espinoza, Executive Assistant
Title
SU180504C - Specific Use Permit Renewal - 3025 Hardrock Rd (City Council District 1). Renewal of a Specific Use Permit for a Trucking and Storage Terminal Facility located at 3025 Hardrock Rd. Lot 3, Block A, Matt M. Lavail Addition, City of Grand Prairie, Dallas County, Texas, zoned LI, within the SH-161 Corridor Overlay District, and generally located north of W Oakdale Rd and east of Hardrock Rd. (On December 14, 2020, the Planning and Zoning Commission recommended approval to renew this SUP by a vote of 8-0).
Presenter
Savannah Ware, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
SU180504C - Specific Use Permit Renewal - 3025 Hardrock Rd (City Council District 1). Renewal of a Specific Use Permit for a Trucking and Storage Terminal Facility located at 3025 Hardrock Rd. Lot 3, Block A, Matt M. Lavail Addition, City of Grand Prairie, Dallas County, Texas, zoned LI, within the SH-161 Corridor Overlay District, and generally located north of W Oakdale Rd and east of Hardrock Rd.
ADJACENT LAND USES AND ACCESS:
The following table summarizes the zoning designation and existing uses for the surrounding properties.
|
Direction |
Zoning |
Existing Land Use |
|
North |
Light Industrial (LI) District |
Undeveloped |
|
South |
Light Industrial (LI) District |
Industrial Uses-Trinity Hearth & Home |
|
East |
Light Industrial (LI) District |
SB SH 161 Service Rd |
|
West |
Light Industrial (LI) District |
Grand Prairie Auto Pound |
PURPOSE OF REQUEST:
As required by Ordinance No. 10466-2018 and subsequent Ordinance No. 10824-2020 for Specific Use Permit 1044B the City Council shall conduct a public hearing six-month (6) months after City Council adoption of this Ordinance 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 other applicable regulatory requirements enforced by the state and federal government. The purpose of this request is to conduct the review of said case for compliance.
CASE HISTORY AND PREVIOUS REVIEWS:
May 15, 2018, City Council adopted Ordinance No. 10466-2018 (Case SU180504) granting Specific Use Permit-1044 for a Trucking and Storage Terminal Facility subject to certain conditions including compliance with associated site plan. The other conditions include removal of certain accessory structures and construction of masonry screening wall along the eastern property boundary. The SUP is subject to standard 12-month review for compliance.
August 14, 2019, Joint Inspection was held onsite including Code Enforcement, Environmental Services and Planning Departments. The following violations on the property were cited at that time including non-compliance with adopted site plan.
1. Excessive truck and trailer storage on-site.
2. Outside storage of batteries.
3. Outside storage of tires without rims.
4. Inoperable Holding yard (5) vehicles / salvaging.
5. Display vehicle for sale on property.
6. Parking on non-improved surface.
7. Emergency exits barred.
8. Small amount of debris outside (pallets) outside.
9. Electrical plug damaged and needs repaired.
10. Sewer cleanout missing cap (combined sewer).
11. Front gates made of corrugated tin (not sure if this was an approved material).
September 17, 2019, City Council adopted Ordinance No. 10707-2019 (Case SU180504A) Amending SUP-1044A permitting the Trucking and Storage Terminal Facility use to continue and granting operator six months to bring into compliance with all applicable codes and conditions or risk revocation of SUP-1044A.
March 17, 2020, City Council adopted Ordinance No. 10824-2020 (Case SU180504B)
Amending SUP-1044B permitting the Trucking and Storage Facility use to continue, granting an amendment to the site plan as requested by the applicant including the following:
• Expanding concrete paving allowing for up to 15 trucks and/or tractor trailers onsite.
• Installing concrete bollards along the perimeter of the paved area to prevent storage of trucks and/or trailers on unpaved areas of the site.
• Installation of remote cameras to monitor operational compliance.
• Provide six (6) month review of operations for compliance.
November 17, 2020, DRC Staff inspected the site to verify installation of cameras, concrete pavement and bollard completion. DRC continues to monitor the site for compliance as of date.
RECOMMENDATION:
DRC recommends approval of the applicant’s renewal subject to registration, acceptance, and compliance in the City’s Auto-Related Business Program.
Planning & Zoning Commission recommends approval subject to DRC's recommendation by vote of 8-0.
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 TO RENEW SPECIFIC USE PERMIT-1044B FOR A TRUCKING AND STORAGE TERMINAL FACILITY IN LIGHT INDUSTRIAL (LI) DISTRICT, TO WIT: BEING ALL OF LOT 3 OF BLOCK A OF THE MATT M. LAVAIL ADDITION, AN ADDITION TO THE CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN, DEED RECORDS, 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 PENALTY; A SAVINGS CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE, APPROVAL AND PUBLICATION.
WHEREAS, on May 15, 2018, the Grand Prairie City Council approved, via Ordinance No. 10466-2018 (Planning Case File No. SU180504), a request for a Specific Use Permit-1044 for a Trucking and Storage Terminal Facility; and
WHEREAS, on September 17, 2019, the Grand Prairie City Council approved, via Ordinance No. 10707-2019 (Planning Case File No. SU180504A), a one (1) year renewal for a Specific Use Permit-1044A for a Trucking and Storage Terminal Facility; and
WHEREAS, Ordinance No. 10707-2019 required a six (6) month review of the existing Specific Use Permit-1044B for a Trucking and Storage Terminal Facility, via a public hearing process, to verify compliance with the approved development standards and all applicable codes; and
WHEREAS, Ordinance No. 10824-2020 required a six (6) month review of the existing Specific Use Permit-1044B for a Trucking and Storage Terminal Facility, via a public hearing process, to verify compliance with the approved development standards and all applicable codes; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on December 14, 2020 legal notice of such public hearing before the Planning and Zoning Commission having been published in the paper of record, for the proposed renewal of the existing Specific Use Permit-1044B for a Trucking and Storage Terminal Facility said Notice having been given not less than ten (10) days before the date set for hearing, 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, to renew Specific Use Permit-1044C for a Trucking and Storage Terminal Facility with specific conditions as enumerated herein; and
WHEREAS, City staff conducted an inspection of the property on November 17, 2020 and found operations to be in substantial compliance with the requirements of the Specific Use Permit;
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, 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; and
WHEREAS, the City Council of the City of Grand Prairie, Texas, held a public hearing on said application on January 5, 2021 and voted to renew Specific Use Permit-1044C for a Trucking and Storage Terminal Facility with specific conditions as enumerated herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS THAT:
SECTION 1. 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 amend Specific Use Permit numbered 1044C for the property, Lot 3 of Block A of the Matt M. LaVail Addition legally described in Exhibit A - Location Map, depicted in Exhibit B - Site Plan and Exhibit C - Operational Plan attached hereto.
SECTION 2. 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. For development and operations of a Trucking and Storage Terminal Facility, the following standards and conditions are hereby established as part of this ordinance:
1. The renewal is valid for twelve (12) months from date of approval;
2. The Development Review Committee approved a Site Plan that allowing for additional concrete paving as shown on Exhibit B, provided that the operator did install concrete bollards along the perimeter of the paving to prevent parking on unimproved surfaces, and that the operator did install cameras on the property to allow for remote monitoring of operations;
SECTION 4. The operation of the Trucking and Storage Facility shall comply with the following:
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. 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.
3. 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.
4. The Certificate of Occupancy shall note the existence of this Specific Use Permit by its number and title.
5. The operation of the facility shall be in strict compliance with all requirements of the Environmental Services Department, Building Inspections, Police Department and Fire Administration.
6. Any unsafe or unauthorized operations or activities may be determined as grounds for revocation of the Specific Use Permit by the City Council.
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. A violation of this Ordinance is a misdemeanor punishable in accordance with Section 1-8 of the Code of Ordinances of the City of Grand Prairie, Texas. The penalty provided herein shall be cumulative of other remedies provided by State law, and the power of injunction as provided in Texas Local Government Code Section 54.016, as amended, may be exercised in enforcing this ordinance whether or not there has been a complaint filed.
SECTION 7. The Unified Development Code of the City of Grand Prairie, as amended, shall be and remain in full force and effect save and except as amended by this Ordinance.
SECTION 8. The terms and provisions of this Ordinance are severable and are governed by Section 1-4 of the Code of Ordinances of the City of Grand Prairie, Texas.
SECTION 9. All ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 10. This Ordinance shall be in full force and effect from and after its passage, approval and publication.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS the 5th of January, 2021.
ordinance no. 10953-2020
specific use permit no. 1044C
case no. su180504C