From
Chris Hartmann
Title
SU150604/S150603 - Specific Use Permit/Site Plan - 2422 NW Dallas Street (City Council District 1). Consider a request for approval Specific Use Permit for outside storage and a site plan for 0.3 acres of Light Industrial (LI) zoned property. The subject site is within Central Business District 1 (CBD 1), addressed as 2422 NW Dallas St, and generally located north of Main St and west of NW 24th St. The agent is E.D. Hill and the owner is Paul Upchurch. (On June 1, 2015, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0.)
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approval
Analysis
PURPOSE OF REQUEST:
The applicant wants to utilize the property located at 2422 NW Dallas St for a contractor shop with trailer storage. The Unified Development Code (UDC) requires that contactor shops with outside storage obtain a Specific Use Permit before a Certificate of Occupancy can be issued.
ADJACENT ZONING:
North - Two-Family (2F) Residential Zoning District
South- Light Industrial (LI) District; located within CBD 1
East- Light Industrial (LI) District; located within CBD 1
West- Light Industrial (LI) District; located within CBD 1
BACKGROUND:
November 6, 2007: City Council approved Appendix R, “Central Business Districts”, of the Unified Development Code.
April 14, 2015: The Planning staff processed an application for the approval of a Specific Use Permit for Contractor shop with Outside Storage and a Site plan.
April 23, 2015: A replat was approved for the Dalworth Hills Subdivision, creating the Lot 34R, Block 3
May 21, 2015: The 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.
May 21, 2015: A legal notice was published in the Fort Worth Star Telegram of the upcoming public hearing.
May 22, 2015: A legal notice was mailed to affected property owners of the upcoming public hearing.
June 1, 2015: This item is scheduled to be heard by the Planning and Zoning Commission.
June 16, 2015: This item is scheduled to be heard by the City Council.
PROPOSED USE AND CHARACTERISTICS
Operations:
The applicant operates C&P Pump Services. This site will be used for the painting and storage of pump parts. The site currently has a paint booth inside the existing 2000sqft building. The Central Business District 1 (CBD 1) does not allow open/outside storage. The applicant will not have any outside storage of parts, but the applicant is proposing to screen and store 4 flatbed trailers. These trailers range in size from 20ft long to 34ft long.
The applicant is proposing to open expand an existing business, whose facilities are located across the street from the subject site. This property was recently replatted and the applicant is proposing to construct a parking lot on the vacant area to the west of the building.
Parking and Access:
This business will be required to have 5 parking spaces; including 1 handicapped space. The proposed site plan meets this requirement. This new parking area will have access from NW Dallas St, from the southwest portion of the property.
Screening
The UDC requires a “Type 1” masonry fence along the northern property line, which separates the LI zoning from the 2F residential zoning. The applicant is proposing to construct a 6ft wood screening fence, which will screen the trailer parking located in the northern portion of the property, comprising of about 5,300sqft.
The applicant provided staff with photos showing the conditions of the existing fence and adjacent fences. The applicant’s proposed fence would be an improvement to the existing conditions, but does not meet the minimum screening requirements of the UDC.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The November 2010 Future Land Use Map (FLUM) shows this area appropriate for Light Industrial Uses. This request is consistent with the FLUM and would be in conformance with the comprehensive plan.
REQUESTED APPEALS AND EXCEPTIONS:
Fence Exception:
The applicant is requesting an exception to the screening fence requirement of the UDC:
8.9.5A. All non-residential development shall be required to erect a “Type 1” fence on property lines adjacent to any property which is zoned for single family detached, single family attached, two-family, and multi-family residential uses.
The applicant stated within the submitted operational plan that they feel the proposed wooded fence provides a higher standard of fencing than the rest of the area. The pictures submitted by the applicant will be presented in staff’s presentation to the Planning and Zoning Commission.
Outside Storage Appeal:
The applicant’s original request was for outside storage of parts. Staff notified the applicant that the Central Business District 1 (CBD 1) Overlay does not authorize outside storage and would not support the approval of outside storage. The applicant adjusted their operational plan to only include the storage of 4 trailers outside and to exclude parts and material outside storage. Staff does not object to the limited trailer storage.
RECOMMENDATION:
The Planning and Zoning Commission recommended, by a vote of 9-0, to approve this request with conditions recommended by staff.
Staff Recommendation to the Planning Commission:
Staff cannot fully support the applicant’s request due to the appeals and exception listed above, however, should the Planning and Zoning Commission approve the appeals and exceptions, Staff recommends the following conditions:
1. Outside storage shall be limited to the occupying business’s flatbed trailers, only. There shall be no outside storage of materials or parts.
2. All trailers must be screened from residential properties and from the right-of-way. At a minimum, the screening fence must be a 6ft high, “Type 3”, wood fence, as defined the Unified Development Code.
3. Use of the rights-of-way for business operations shall be prohibited.
4. Site Plan mylar must be submitted to the planning department for review and approval. Future changes to the parking or expansions to this facility will require the submittal of a revised site plan for review and approval to the Planning Department.
5. All operations shall maintain compliance with all federal, state, and local environmental regulations.
6. Must practice all best management practices listed in its storm water pollution prevention plan.
7. Any other unresolved comment from the Development Review Committee, found in the city case file.
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 a CONTRACTOR SHOP WITH LIMITED OUTSIDE STORAGE, TO WIT: BEING LOT 344, BLOCK 3, DALWORTH HILLS ADDITION, GRAND PRAIRIE, TARRANT 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 a Contractor Shop with Limited Outside Storage; and;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on June 1, 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 Specific Use Permit for a Contractor Shop with Limited Outside Storage; 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 a Contractor Shop with Limited Outside Storage; 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 16, 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 I.
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 968 for the property location described as follows:
2422 NW Dallas Street, also being further described as being Lot 34R, Block 3, Dalworth Hills Subdivision, Grand Prairie, Tarrant County, Texas.
SECTION 2: Specific Use Permit
FOR OPERATION OF A CONTRACTOR SHOP WITH LIMITED OUTSIDE STORAGE
1. As outlined within the Operational Plan contained within the Specific Use Permit Application File No. SU150604/S150603, and as more specifically stated and codified herein, the development shall adhere to the following operational standards:
A. Site improvements and vehicle parking areas must conform to the approved site plan, labeled Exhibit A;
B. All operations shall be conducted entirely on-site. The public right-of-way shall not be utilized for business activities;
C. Outside storage shall be limited to the occupying business’s flatbed trailers, only. There shall be no outside storage of materials or parts;
D. All trailers must be screened from residential properties and from the right-of-way. At a minimum the screening fence must be a 6ft, “Type 3”, wood fence or cement fiberboard wall, and constructed as required by the Unified Development Code, as amended. The fence shall be constructed as shown on the Site Plan, labeled Exhibit A;
E. All operations shall maintain compliance with all federal, state, and local environmental regulations.
F. Must practice all best management practices listed in its storm water pollution prevention plan.
G. Must comply with any outstanding Development Review Committee comments for the Specific Use Permit found in File No. SU150604/S150603; and
2. A Site Plan mylar must be submitted to the planning department for review and approval. Future changes to the parking or 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 a Contractor Shop with Limited Outside Storage; 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. 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.
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 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 16th of JUne, 2015.
oRDINANCE NO. 9876-2015
CASE NO. SU150604/S150603
SPECIFIC USE PERMIT NO. 968