From
Chris Hartmann
Title
SU140602/S140601 - Specific Use Permit/Site Plan - 2302 E. Pacific Avenue (City Council District 5). Approve a specific use permit and site plan to operate a tractor trailer sales business. The 11.07-acre property, located at 2302 and 2229 E. Pacific Avenue, is zoned Light Industrial (LI) District and is within District No. 3 of the Central Business District Overlay Corridor. The agent is Teo Kukic, Pacific Truck Sales and the owner is Nezira Gegic, Prime Central Realty. (On June 2, 2014, the Planning and Zoning Commission recommended approval of this request by a vote of 7-0.)
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
PLANNING AND ZONING COMMISSION ACTION:
On June 2, 2014, the Planning and Zoning Commission voted 7 - 0 to recommend approval of the request for a specific use permit and site plan to operate a tractor trailer sales business. This item is scheduled to be heard by the City Council on June 17, 2014.
SUMMARY:
Consider a request to approve a specific use permit and site plan to operate a tractor trailer sales business. The 11.07-acre property, located at 2302 and 2229 E. Pacific Avenue, is zoned Light Industrial (LI) District and is within District No. 3 of the Central Business District Overlay Corridor.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Use |
|
North |
Light Industrial (LI) within District No. 3 of the Central Business District Overlay |
Industrial Uses |
|
South |
City of Arlington |
|
East |
Light Industrial (LI) within District No. 3 of the Central Business District Overlay |
Industrial Uses |
|
West |
Light Industrial/Limited Services (LI/LS) within District No. 3 of the Central Business District Overlay |
Industrial Uses |
PURPOSE OF REQUEST:
The applicant proposes expanding the uses on their property to include tractor trailer sales and storage. The subject site is currently zoned LI district and is within District 3 of the Central Business District Overlay.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
Parking and Access
The subject site is comprised of two unplatted lots consisting of 11.07 acres. The property is currently being used for a variety of trucking and trucking-related businesses. This specific use permit would allow tractor-trailer sales and storage on the 6.5-acre property addressed 2229 Pacific Avenue. Access both properties will be provided through the use of an existing mutual access driveway from Pacific Avenue. A 90,000-square-foot metal industrial building exists on the property. This proposal does not involve constructing any new structures. The only change to the property proposed by the applicant is the addition of tractor trailers for sale, lease, and storage. The applicant will provide 104 parking spaces to accommodate all uses. The table below provides details regarding parking for this use.
|
Use (Parking Standard) |
Suite |
Required Parking |
Provided Parking |
|
Major Automotive Repair (1 sp/400 sf x 16,000 sf) |
300 |
40 |
30 |
|
Tractor Trailer Sales (1 sp/400 sf x 1,720 sf) |
301 |
5 |
4 |
|
Restaurant (1 sp/100 sf of dining area x 1,040 sf) |
302 |
11 |
25 |
|
Office (HN Transport) (1 sp/1,000 sf x 1,815 sf) |
303 |
2 |
4 |
|
Office (KG Logistics)(1 sp/1,000 sf x 1,452 sf) |
304 |
2 |
4 |
|
Office (KG Logistics)(1 sp/1,000 sf x 1,023 sf) |
305 |
2 |
4 |
|
Auto-Related Use (Towing) (1 sp/400 sf x 255 sf) |
306 |
1 |
2 |
|
Warehouse (1 sp/5,000 sf x 49,000 sf) plus 20 spaces |
Warehouse |
30 |
49 |
|
Regular Parking Spaces |
93 |
122 |
Twelve 40 feet long by 12 feet wide spaces have been set aside for the Pacific Truck Sales use.
BACKGROUND:
In 2006, the owners began a small repair shop which is still in existence and has expanded over the years.
On April 15 2014, the applicant submitted an application for a specific use permit and site plan to operate a tractor trailer sales business at the subject site.
On May 22, 2014, a 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.
On May 23, 2014, legal notice was mailed to affected property owners and notice of the upcoming public hearing was published in the Fort Worth Star Telegram.
On June 2, 2014, the item is scheduled to be heard by the Planning and Zoning Commission.
On June 17, 2014, the item is scheduled to be heard by the City Council.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map (FLUM) of the 2010 Comprehensive Plan designates this area for Light Industrial (LI) uses. The FLUM indicates the LI category is compatible with, among other uses, warehousing, distribution, light assembly, and fabrication uses. The proposed use is consistent with the FLUM designation.
ZONING REQUIREMENTS
The site is developed with an existing trucking business and uses ancillary to the trucking use. The applicant does not propose to construct any structures or make any improvements to the site. The purpose of the request is to allow the tractor trailer sales business at this location. The business has been in operation since 2006, as such, a review of the existing development’s compliance with current code requirements has not been provided.
REQUESTED APPEALS BY APPLICANT:
No appeals have been requested as part of this proposal.
RECOMMENDATION:
The Development Review Committee recommended approval of the tractor trailer use subject to the following conditions:
1. All operations shall conform to the site plan and operational plan as approved by City Council under case number SU140602/S140601.
2. The project approval is subject to the Development Review Comments contained in Attachment 1 of this staff report.
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 FOR A SPECIFIC USE PERMIT FOR A TRUCKING COMPANY WITH SEMI-TRUCK/TRACTOR TRAILER SALES, IN THE LIGHT INDUSTRIAL (LI) DISTRICT TO WIT: BEING A 11.07 ACRE TRACT OUT OF THE ELIZABETH CROCKETT SURVEY, ABSTRACT NO. 222, IN THE CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED BELOW, AND BEING ADDRESSED AS 2229 AND 2302 E. PACIFIC AVENUE; 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 a Specific Use Permit for a Trucking Company with semi-truck/tractor trailer sales in the Light Industrial (LI) District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on June 2, 2014, 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 a Specific Use Permit for a Trucking Company with semi-truck/tractor trailer sales in the Light Industrial (LI) District; 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 7 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to allow a Specific Use Permit for a Trucking Company with semi-truck/tractor trailer sales in the Light Industrial (LI) 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 June 17, 2014, 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 establish a Specific Use Permit numbered 939 for the property location described in Exhibit “A” Legal Description attached hereto.
SECTION 2.
Specific Use Permit
FOR THE OPERATION OF A TRUCKING COMPANY WITH SEMI-TRUCK/TRACTOR TRAILER SALES IN THE LIGHT INDUSTRIAL (LI) DISTRICT; the following conditions are hereby established as part of this ordinance:
1. Semi-Truck/Tractor Trailer sales shall be in substantial conformance with the Statement of Operations attached hereto as Exhibit “B” Statement of Operations and the Site Plan attached hereto as Exhibit “C” Site Plan.
SECTION 3.
Compliance
All development must conform to the approved Development Plans, which are herein incorporated by reference.
1. This Specific Use Permit (SUP) shall automatically terminate in accordance with Section 5.4.1 of the Unified Development Code if a building permit is not issued for a Trucking Company with Semi-Truck/Tractor Trailer sales in the Light Industrial (LI) District 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, this Specific Use Permit shall automatically terminate if a Certificate of Occupancy is not issued for a Trucking Company with Semi-Truck/Tractor Trailer sales in the Light Industrial (LI) District within six (6) months after the issuance of a building permit.
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 of this Specific Use Permit as granted. The violation of those conditions could result in a citation being issued by the appropriate enforcement officers of the City of Grand Prairie, and/or an action to revoke the SUP.
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 17th of JUNE, 2014.
Ordinance No. 9728-2014
Specific Use Permit No. 939
Case No. SU140602/S140601