From
Chris Hartmann
Title
SU180504A - Specific Use Permit Renewal or Revocation - 3025 Hardrock Rd. (City Council District 1). A request for a renewal for existing Specific Use Permit -1044 (SUP-1044) allowing for Trucking and Storage Terminal Facility on2.94 acres. The subject property is zoned Planned Development -39 (PD-39 District and is located in the State Highway 161 (SH-161) Overlay Corridor District; located at the northeast corner of Hardrock Rd and Oakdale Rd. (On September 9, 2019, the Planning and Zoning Commission recommended approval of this request by a vote of 7-0).
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
Consider request for the renewal or revocation of a Specific Use Permit to allow Trucking and Storage Terminal Uses. The 2.94-acre property is located at the northeast Hardrock Rd. and W. Oakdale Rd and addressed as 3025 Hardrock Rd (Council District 1). The property is zoned Planned Development 39 (PD-39) District and within the SH 161 Corridor Overlay District.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Land Use |
|
North |
Light Industrial (LI) District |
Undeveloped |
|
South |
Light Industrial (LI) District |
Industrial -Trinity Hearth & Home |
|
East |
Light Industrial (LI) District |
SB SH 161 Service Rd |
|
West |
Light Industrial (LI) District |
Grand Prairie Auto Pound |
HISTORY:
City Council approved Ordinance 10066-2018 on May 15, 2018.
Annual inspection August 14, 2019 VIOLATIONS CITED
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 metal material.
PURPOSE OF REQUEST:
As required by Ordinance No. 10466-2018 for Specific Use Permit 1044 the City Council shall conduct a public hearing one (1) year 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 and/or enforced by the state and federal government.
RECOMMENDATION:
Development Review Committee recommends Planning & Zoning Commission allow the applicant six months to establish compliance and that any subsequent violations will result in staff bringing back for revocation.
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 AN AMENDMENT TO SPECIFIC USE PERMIT-1044 FOR A TRUCKING AND STORAGE TERMINAL FACILITY IN THE PLANNED DEVELOPMENT-39 (PD-39) 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 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 to include amending Specific Use Permit-1044 for a Trucking and Storage Terminal; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on September 9, 2019, 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 amendment of Specific Use Permit-1044 for a Trucking and Storage Terminal Facility 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 said Zoning Ordinance and Map be amended to allow an amendment to Specific Use Permit-1044 for a Trucking and Storage Terminal Facility; 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 September 17, 2019, 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..."
passed and approved November 20, 1990, as amended, is hereby further amended so as to amend Specific Use Permit for the property, Lot 3 of Block A of the Matt M. LaVail Addition legally described in Exhibit A - Location Map, and depicted in Exhibit B - Site Plan attached hereto.
SECTION 2.
Purpose and Intent
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.
Specific Use Permit
For operation of a Specific Use Permit for a TRUCKING AND STORAGE TERMINAL FACILITY IN the LIGHT INDUSTRIAL (LI) District; the following standards and conditions are hereby established as part of this ordinance:
1. The site plan shall conform as approved by the City Council under Ordinance No. 1044 and case number SU180504A.
2. Operator shall be given six months from the date of approval of this Ordinance to establish compliance.
3. Any violations during the six month period will result in staff bringing the SUP to Planning and Zoning Commission and City Council for revocation.
SECTION 4.
Compliance
1. 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 is punishable in accordance with Section 1-8 of the Code of Ordinances of the City.
2. Furthermore, by this Ordinance, if the premises covered by this Specific Use Permit is vacated and/or ceases to operate for a period exceeding six months (6 months), a new Specific Use Permit shall be required to reestablish the use.
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.
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 the 17th of SEPTEMBER, 2019.
ordinance no. 10707-2019
specific use permit no. 1044a
case no. su180504a