From
Chris Hartmann
Title
Z120801/SU120807 - Zoning Change/Specific Use Permit - 2389, 2361, 2357, 2325 W. Jefferson Street (City Council District 1). Approval of a Zoning Change from Light Industrial (LI) and Commercial Office (CO) District to a Planned Development (PD) District for all uses allowed in Light Industrial (LI) District plus a Specifc Use Permit for accessory auto parking and outside storage on 1.154 acres. The subject property is zoned Light Industrial (LI) District and Commercial Office (CO) District and located within Central Business District One (CBD-1) Overlay District. The property is generally located on W. Jefferson Street east of S. Great Southwest Parkway. The owner/applicant is Grand Prairie LLC. (On August 6, 2012, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0.)
Presenter
Bill Crolley, Director of Planning and Development
Recommended Action
Approve
Analysis
SUMMARY:
Consideration of a request for the approval of a Zoning Change from Light Industrial (LI), Single Family-Four (SF-4) and Commercial Office (CO) District to a Planned Development (PD) District for all uses allowed in Light Industrial (LI) District plus a Specifc Use Permit for accessory auto parking and outside storage on 1.154 acres. The subject property is zoned Light Industrial (LI) District and Commercial Office (CO) District and located within Central Business District Number One (CBD-1). The property is generally located on West Jefferson Street east of South Great Southwest Parkway.
ADJACENT LAND USES AND ACCESS:
North - Immediately to the north is West Jefferson Street classified on the Master Transportation Plan (MTP) as a principal six lane divided arterial (P6D) roadway. Farther north is Union Pacific railroad right-of-way. Across the railroad right-of-way are properties zoned Light Industrial (LI) District that are developed with commercial and industrial uses.
South - To the south of both lots properties are zoned Single Family-Four (SF-4) District and are developed with residences.
East - To the east of the eastern most parcel property is zoned Commercial (C) District and is developed as the Magic Carpet Club bar, the Hi Ho night club, and several restaurants.
West - Immediately west of the western parcel is Worthway Street is a two lane local street. To the northwest, property is zoned Commercial-Office (C-O) District and is developed with a sports bar. To the southwest property is zoned Single Family-Four (SF-4) and is developed with residences.
PURPOSE OF REQUEST:
The purpose is to change the existing zoning from Commercial Office (C-O), Light Industrial (LI), and Single Family-Four (SF-4) Districts and create a Planned Development allowing all uses permitted in the Light Industrial (LI) District with a Specific Use Permit for Outside Storage and Accessory Parking. The existing business is currently a non-conforming use in both the Commercial Office (C-O) District and there are an existing SUPs (S-666 & S-675) for Accessory Parking. The properties are under new ownership the current owners want to remove the non-conforming status and create zoning which specifically allows their existing uses to conforming development.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The existing business L&W, Inc./Grand Prairie LLC will continue to function as a manufacturing facility for automotive parts. The facility was originally developed as Central Industrial Supply (CIS) on the south side of W. Jefferson Street between Worthway Drive and Royal Avenue and on the east side of Royal Avenue spanning two blocks. Buildings located on the western parcel are a mix of older masonry construction with some metal siding. Buildings east of Royal Avenue are constructed of masonry and appear to have been constructed in the 1940's and 50's. Both parcels are completely paved and there is little landscaping except small areas of grass.
The applicants are proposing to demolish the central building section of the western parcel and rebuild a new structure. They will plan to completely demolish the buildings on the east side of Royal Avenue and redevelop it as a consolidated parking area for all of their employees.
In conjunction with the proposed demolition and renovation work the applicant has agreed to upgrade the northern facade of the buildings facing W. Jefferson Street in compliance with Central Business District Two (CBD-2) Overlay requirements. The applicant is also proposing the addition of street trees, shrubbery and ground cover on the northern façade of the new addition. Additional landscaping will be added along the northern side of the proposed parking lot on private property. The parking lot will include parking islands of trees and landscaping as required by city ordinance.
Currently the outside storage is located on the south side of the western parcel. The reconfiguration of the site will involve the relocation of the outside storage to the southern most paved areas on the eastern block. It will be screened from the Single family-Four (SF-4) District immediately south by a new six foot high masonry screening fence. All outside storage will be limited in height to one foot below the top of the six foot masonry screening fence. Masonry screening fence will also be installed adjacent to the Single family-Four (SF-4) District immediately south of the existing development.
ZONING HISTORY:
The site area was annexed to the city in 1955 by Ordinance 990 and 1961 by Ordinance 1419. The property lies within the Heirs of Tapley Holland Survey, Abstract 750. Zoning cases Z550301, Z550902, Z530702, Z580204, Z720703 were processed changing some areas from Single Family (SF) to Commercial (C) District. A later zoning case Z761106 changed a Single Family-Four parcel to Commercial Office (C-O) District. The Property is currently a mix of Light Industrial (LI), Commercial Office (C-O) and Single Family-Four (SF-4). The site is also located in the Central Business District One (CBD-1) Overlay.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use map of the 2010 Comprehensive Plan designates this area for commercial and retail uses. While the existing use is not in conformance with the Comprehensive Plan it is vested by the existing zoning in place. The proposed zoning change will not increase the existing nonconformity.
PROJECT'S VESTED STATUS:
A Final Plat was found for CIS Addition, Jefferson Heights Revised Addition and Lobb-Millorn Addition on which the existing business is located. Plats were recorded in the Plat Records of Tarrant County Texas. The date of application submittal for this Site Plan request is June 19, 2012. Vesting established by the Final Plat filing is deemed valid since a measurable and verifiable progress of development is evident within the five year period after P&Z approval of the Final Plat. Submittal of this Zoning Change and Specific Use Permit application will vest this project to development standards in place for the proposed use as of the date of application submittal of June 19, 2012.
DENSITY AND DIMENSIONAL IMPACTS:
Density and dimensional standards are highlighted in the attach:
REQUESTED APPEALS BY APPLICANT:
No appeals are being requested by the applicant.
RECOMMENDATION:
The Development Review Committee recommends full approval of this request as no appeals to the Unified Development Code are being requested by the applicant.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY TO GRANT A ZONING CHANGE FROM LIGHT INDUSTRIAL (LI) DISTRICT, COMMERCIAL OFFICE (C-O) DISTRICT, AND SINGLE FAMILY-FOUR (SF-4) DISTRICT TO A PLANNED DEVELOPMENT (PD) DISTRICT FOR ALL USES PERMITTED IN THE LIGHT INDUSTRIAL (LI) DISTRICT, AND A SPECIFIC USE PERMIT FOR OUTSIDE STORAGE AND ACCESSORY PARKING; TO WIT: BEING TWO TRACTS OF 3.385 AND 1.469 ACRES, AND BEING PLATTED AS LOTS 14R2 BLOCK A, AND 5R1, BLOCK B, JEFFERSON HEIGHTS ADDITION, TARRANT COUNTY, TEXAS, IN THE CITY OF GRAND PRAIRIE, TEXAS, AND BEING ADDRESSED AS 2325, 2357, 2361, AND 2389 W. JEFFERSON STREET; SAID ZONING MAP AND ORDINANCE BEING NUMBERED ORDINANCE 4779 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 from Light Industrial (LI) District, Commercial Office (C-O) District, and Single Family-Four (SF-4) District to a Planned Development (PD) District for all uses permitted in the Light Industrial (LI) District, and a Specific Use Permit for Outside Storage and Accessory Parking; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on August 6, 2012, after written notice of such public hearing before the Planning and Zoning Commission on the proposed rezoning had been sent to owners of real property lying within 300 feet of the property on which the change of classification 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 to the City Council of Grand Prairie, Texas, that the hereinafter described property be rezoned from its classification of Light Industrial (LI) District, Commercial Office (C-O) District, and Single Family-Four (SF-4) District to a Planned Development (PD) District for all uses permitted in the Light Industrial (LI) District, and a Specific Use Permit for Outside Storage and Accessory Parking; 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 Council Chambers, Grand Prairie City Hall, 317 W. College Street, at 6:30 o'clock P.M. on August 21, 2012 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 is rezone the following described area from its classification of Light Industrial (LI) District, Commercial Office (C-O) District, and Single Family-Four (SF-4) District to a Planned Development (PD) District for all uses permitted in the Light Industrial (LI) District, and is hereby further amended so as to establish a Specific Use Permit numbered 897 for, Outside Storage and Accessory Parking for the property location described as follows:
Being two tracts of 3.385 and 1.469 acres, and being platted as Lots 14R2, Block A, and 5R1, Block B, Jefferson Heights Addition, Tarrant County, Texas, in the City Of Grand Prairie, Texas, and being addressed as 2325, 2357, 2361, and 2389 W. Jefferson Street as shown on the Site Plan labeled as Exhibit 'A', which is incorporated herein by reference.
SECTION 2.
Specific Use Permit
FOR OUTSIDE STORAGE AND ACCESSORY PARKING IN A PLANNED DEVELOPMENT (PD) DISTRICT FOR LIGHT INDUSTRIAL USES. The following conditions are hereby established as part of this ordinance:
1. All operations must conform to the Planning and Zoning Commission approved site plan and operational plan as shown in attached Exhibit 'A'.
2. Maximum height of outside storage shall not exceed one foot below the height of the required screening fence.
3. All waste disposal services shall be contracted with Grand Prairie Disposal Company, J.C. Duncan. Commercial-type refuse containers (dumpster and masonry screening wall) shall be placed at a location arranged in advance with the city's contractor. 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. [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.
4. 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.
5. All noise created during the construction and subsequent operational activities conducted on the subject property must comply with City Code Chapter 13, Article XIII, Section's 13-275 to 13-286. Construction must be limited to daytime hours between six o'clock a.m. and ten o'clock p.m. when constructing a building with 300 feet of a residence.
6. All facilities must comply with current health and water quality standards before a certificate of occupancy can be issued. These issues will be addressed during the building review process.
7. The applicant shall submit for a Certificate of Occupancy (CO) upon completion of all conditions adding the additional uses requiring Specific Use Permit approval. Land use descriptions and assigned SUP number shall be included in the CO.
SECTION 3.
Compliance
COMPLIANCE - All development must conform to the approved site plan labeled as Exhibit "A", which is incorporated herein by reference.
1. The Specific Use Permit (SUP) shall automatically terminate in accordance with Section 5.4.1 of the Unified Development Code if no Building Permit is issued for "Outside Storage and Accessory Parking" 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.
a. If a building permit is not required for the "Outside Storage and Accessory Parking" use, the Specific Use Permit shall automatically terminate if no Certificate of Occupancy is issued for "Outside Storage and Accessory Parking" within six (6) months after City Council adoption of this Ordinance.
2. Furthermore, by this SUP Ordinance, the Specific Use Permit (SUP) shall automatically terminate if no Certificate of Occupancy is issued for "Outside Storage and Accessory Parking" within six (6) months after the issuance of a building permit.
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 DAY of AUGUST, 2012.
PLANNED DEVELOPMENT NO. 335
SPECIFIC USE PERMIT NO. 897
CASE NO. Z120801/SU120807
ORDINANCE NO. 9390-2012