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File #: 16-6194    Version: 1 Name: SU140901A - Avera
Type: Ordinance Status: Adopted
File created: 10/28/2016 In control: Planning and Zoning Commission
On agenda: 11/15/2016 Final action: 11/15/2016
Title: SU140901A - Specific Use Permit Renewal - Avera (City Council District 5). Request for the indefinite renewal of Specific Use Permit No. 942 (Ordinance No. 9758-2014) permitted outdoor storage uses associated with newly constructed industrial warehouse. The 18.82 acre property, addressed as 2010 January Lane, is generally located north of January Lane and west of SH 161. The property is zoned Planned Development 347 (PD-347) for industrial warehouse uses. The property is also located within the SH 161 Corridor Overlay District. The applicant is Rick Kight, Avera Companies. (On November 7, 2016, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0).
Attachments: 1. Exhibit A - Legal Description.pdf, 2. Exhibit B - Location Map.pdf, 3. Exhibit C - Conceptual Plans.pdf, 4. Exhibit D - Elevations.pdf, 5. PZ Draft Minutes 11-7-16.pdf

From

Chris Hartmann

 

Title

SU140901A - Specific Use Permit Renewal - Avera (City Council District 5). Request for the indefinite renewal of Specific Use Permit No. 942 (Ordinance No. 9758-2014) permitted outdoor storage uses associated with newly constructed industrial warehouse.  The 18.82 acre property, addressed as 2010 January Lane, is generally located north of January Lane and west of SH 161.  The property is zoned Planned Development 347 (PD-347) for industrial warehouse uses. The property is also located within the SH 161 Corridor Overlay District.  The applicant is Rick Kight, Avera Companies.  (On November 7, 2016, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0).

 

Presenter

Chief City Planner Jim Hinderaker

 

Recommended Action

Approve

 

 

Analysis

SUMMARY:

 

Consider a request for the indefinite renewal of a Specific Use Permit for Outside Storage in association with 345,150 square-foot distribution center on 18.82 acres. 

 

ADJACENT LAND USES AND ACCESS:

 

Direction

Zoning

Existing Use

North

PD-122, Light Industrial, PD-196

Multi-Family, Vacant Industrial, Vacant Commercial

South

PD-196

Vacant Commercial 

East

N/A

S.H. 161

West

PD-292 and MF-2

Townhomes and Multi-Family Residential

                     

PURPOSE OF REQUEST:                     

 

The applicant is seeking an indefinite renewal of a Specific Use Permit allowing outside trailer storage as associated with an approximate 350,000 square foot industrial warehouse facility  on 18.82 acres located at the NW corner of January Lane and S.H. 161. 

 

PROPOSED CHARACTERISTICS AND FUNCTION:

 

Site and Building

The applicant, AVERA Companies, intends to develop the 18.82 acre tract of land located at the northwest corner of January Lane and the S.H. 161 as an industrial warehouse facility.  The proposed 345,150 square foot warehouse is intended to house a single tenant, but will be designed to house up to three (3) tenants. To accommodate the potential for multi-tenant use, the warehouse façade will include three (3) distinct office entrances and approximately 46 south facing dock doors.  The facades of the building will be a combination of concrete tilt wall, glass, stone and metal accent panels in keeping with the design standards of the S.H. 161 Corridor Overlay.

 

Access and Parking

Access is proposed from both January Lane and from the S.H. 161 Frontage Road.  However, according to the applicant, the S.H. 161 Frontage Road access will be limited to passenger vehicles. It is expected that truck traffic will enter and exit the facility via January Lane and travel to and from the facility primarily uses S.H. 16.  Outdoor storage is limited to truck and trailer parking.  The facility will have 34 trailer parking spaces located at the south side of the building running parallel with January Lane.  An additional 187 passenger vehicle parking spaces are also proposed that are located primarily along the east and west sides of the building. The proposed parking slightly exceeds the number of parking spaces required based on the proposed size and use of the facility.

 

A key transportation issue that must be addressed for the continued viability of the proposed development is the fact that the Grand Prairie Thoroughfare Plan recommends that Daja Lane should be extended from its current termination to January Lane.  This roadway extension would divide the subject property in half thus preventing this development from moving forward.   The applicant has requested that the city consider an amendment to the Thoroughfare Plan to eliminate this extension.  To that end, the applicant commissioned Larry W. Cervenka, P.E. of Binkley & Barfield / C & P Consulting Engineers to generate a thoroughfare study to determine if the extension of Daja Lane is necessary. The report recommended that Daja Lane should not be extended, but rather should terminate in a cul-de-sac.  The City Transportation Department is supportive of the findings of the consultant, and recommends that the Grand Prairie Thoroughfare Plan be amended as such.

 

Fencing and Landscaping

According to the applicant, for security purposes the property will be fully enclosed with a perimeter fence and security gates at all access points. On-site security guards may be provided depending on the needs of future tenants. Additional, to mitigate potential issues with the neighboring residential developments to the west and north, the applicant is proposing the use of wing wall on the west and east sides of the building to buffer the any noise produced by the trucks in the loading areas. The required 30-foot landscape buffer between all parking and drive areas and the right-of-way lines along public streets is provided along January Lane and S.H. 161 Frontage Road. Additional, a 15-foot landscape buffer is provided along the west and north property lines that abut residentially zoned properties. Please note, as is consistent with conceptual plans, the submitted fencing and landscaping information is not complete nor a detailed representation of the minimum requirements.  The applicant has indicated that it is their intend to fully comply with the minimum standards of the UDC and S.H. 161 Corridor Overlay.

 

Dumpster Enclosure

A dumpster screening enclosure is proposed to be located at the northwest corner of the property. 

 

DEVELOPMENT Standards:

 

The proposed development shall be subject to all use limitations and development standards contained within the Light Industrial (LI) District of the UDC, as may be amended from time to time.  The proposed development shall also be subject to the State Highway 161 Corridor Overlay District Development Standards.

 

The applicant proposes to meet all of the development standards of the Planned Development zone district and the development standards of the S.H. 161 Corridor Overlay District.  No appeals have been requested.  The accompanying conceptual plans are intended to provide a general illustrative representation of the proposed development and are not intended to be a definitive representation of the final development plan.  A formal Site Plan application is required for review and approval by the city prior to the issuance of any building permits.  In addition, the subject property will need to be platted prior to the issuance of any building permits.

 

RENEWAL INSPECION STATUS:

The property is in full compliance with Ordinance No. 9758-2014

 

 

RECOMMENDATION:

 

The Development Review Committee recommends approval of the indefinite renewal of SUP Ordinance No. 9758-2014.

 

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 FOR THE INDEFINITE RENEWAL OF A SPECIFIC USE PERMIT FOR OUTSIDE STORAGE, TO WIT: LOT 1, BLOCK A, PARK 161 DISTRIBUTION CENTER, 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, on September 16, 2014, the Grand Prairie City Council approved, via Ordinance No. 9758-2014 (Planning Case File No. Z140901/SU14090/CP140901), a zone change request that included an approval of Specific Use Permit for Outside Storage in the Planned Development - 347 District; and

 

WHEREAS, said Ordinance required a one (1) year review of the existing Specific Use Permit for Outside Storage in the Planned Development - 347 District; via a public hearing process to verify compliance with the approved development standards and all applicable codes; and


WHEREAS, staff has verified that the subject property is in compliance with the approved development standards and applicable codes, and

 

WHEREAS, staff now recommends, due to verified compliance with approved development standards and applicable codes, indefinite renewal of said existing Specific Use Permit for Outside Storage in the Planned Development - 347 District, and

 

WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on November 7, 2016, following legal notice of such public hearing before the Planning and Zoning Commission had been published in the paper of record, for the proposed indefinite renewal of the existing Specific Use Permit for Outside Storage in the Planned Development - 347 District, 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 9 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to grant the indefinite renewal of existing Specific Use Permit for Outside Storage in the Planned Development - 347 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 15, 2016, 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 WTIHA COMPREHENSIVE PLAN…”

 

passed and approved November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit numbered 942A for the property location as shown in Exhibit A - Legal Description and Exhibit B - Location Map, which are incorporated herein.

 

                     

SECTION 2. Purpose and Intent

 

The purpose of this Planned Development District is to provide the appropriate restrictions and development controls to permit the development of the industrial warehouse in a manner compatible with the surrounding development and zoning and in compliance with the City’s Comprehensive Plan and the Unified Development Code.

.

 

SECTION 3. Development Standards

 

1.                     The Industrial Warehouse Development shall be in substantial conformance with Exhibit C - Conceptual Plans and Exhibit D - Elevations, attached hereto.

 

2.                     The Industrial Warehouse Development shall conform to the development standards of the Light Industrial (LI) District of the Unified Development Code, as may be amended.

 

3.                     The Industrial Warehouse Development shall conform to the development standards of the Appendix T: S. H. 161 Overlay District and Appendix F: Corridor Overlay District Standards of the Unified Development Code. 

 

4.                     Where there is conflict between the Conceptual Plan Package and the standards of the Unified Development Code, including Appendix F and T, the standards of the Unified Development Code shall prevail.

 

5.                     In conformance with Exhibit C - Conceptual Plan, all ingress/egress of the subject property shall be limited to the proposed two (2) access points on January Lane and one (1) access point on the State Highway 161 Service Road.  The westerly most access point on January Lane shall primarily be used for truck ingress and limited truck egress with full ingress/egress allowed for passenger vehicles.  The easterly most access point on January lane shall also be primarily for truck ingress and egress, with full ingress/egress for passenger vehicles.  The State Highway 161 Service Road access is primarily intended for ingress/egress of passenger vehicles.

 

6.                     As January Lane is posted as a no truck route, all trucks exiting the subject property onto January Lane shall turn left (eastbound on January Lane) only.

 

7.                     Outside storage is limited to the parking of trucks and trailers in accordance with Exhibit C - Conceptual Plan.

 

 

SECTION 4.  COMPLIANCE

 

All development shall conform to the approved Development Plans, which are herein incorporated.

                     

 

1.                     By this Ordinance, this Specific Use Permit authorizing the operation of Outside Storage in the Planned Development - 347 District shall automatically terminate, in accordance with Section 5.4.1 of the Unified Development Code, upon cessation of said use for a period of six (6) months or more.

 

2.                     The operation of this Specific Use Permit 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.

 

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, TEXAS, THIS 15th DAY OF NOVEMBER, 2016.

 

ORDINANCE NO. 10181-2016

CASE NO. SU140901A

SEPCIFIC USE PERMIT NO. 942A