From
Chris Hartmann
Title
SU190403 - Specific Use Permit - Batch Plant, 1199 Interstate 20 (City Council District 2). Specific Use Permit for a concrete batch plant (Fluor) and heavy equipment and storage yard on a portion of a 41.3 acre undeveloped tract. 41.3 acre tract out of the J.W.E. Wallace Survey, Abstract No. 1517 and B.E. Smith Survey, Abstract No. 1377, City of Grand Prairie, Dallas County, Texas. The southeast section of the tract for batch plant and heavy equipment and storage yard is zoned Planned Development-17 (PD-17) District and lies within the Interstate Hwy 20 (IH-20) Overlay Corridor District. The applicant is Lance Madden, Fluor Heavy Civil and the owner is Jon Krabbenschmidt. (The City Council tabled this case until the April 16, 2019 Council Meeting.)
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
SU190101 -Specific Use Permit -A request to allow for Temporary concrete batch plan and associated heavy equipment and storage yard uses on 41.3-acre undeveloped tract. The temporary batch plant operations are located on the eastern on-third of the 41.3 are tract. The property is zoned Planned Development-17 & 18 (PD-17 & PD-18) District and is located within Interstate Hwy 20 (IH-20) Overlay Corridor District. The property is generally located northwest of S. Belt Line Road and Interstate Hwy 20 Service Road, specifically addressed at 1199 E. Interstate Hwy 20. The unplatted tract is located in both J.W.E. Wallace Survey, Abstract No. 1517 and B.E. Smith Survey, Abstract No. 1377. The property is located in City Council District #2, represented by Councilman Jim Swafford.
BACKGROUND:
CONCRETE BATCH PLANT: A concrete batch plant is an industrial site consisting of various equipment (silo, mixers, aggregates mounds, tanks) that combines various ingredients (sand, gravel, aggregate, fly ash, cement and water) and other mixtures to form concrete.
Ordinarily, concrete batch plants are located in unincorporated areas outside the immediate urban setting due to undesirable potential spillovers onto adjacent properties. Typical spillovers can range from simple as traffic & noise nuisances up to serious environmental (air & water) irritable impacts. Exceptions typically occur on a temporary basis if a batch plant is associated with a particular project such as a freeway project.
HISTORY:
Texas Department of Transportation (TXDOT) began construction on I-20 Frontage Road project through Grand Prairie in early 2017. The project scope calls for frontage roads to be constructed between Belt Line and SH-161/Lake Ridge Pkwy.
• On May 23, 2018, the City's Engineering Department granted a permit to Fluor Heavy Civil for the erection of a temporary batch plant in association with TXDOT IH-20 Frontage Road Project for (6) six-months, November 2018. Fluor provided City staff with a letter on May 3, 2018 stating its intent to move the batch plant from the site in May of 2019.
• Upon expiration of the (6) six-month permit, Fluor requested an additional 6-month extension until March 2019. The extension was granted from October 17, 2018 until March 17th. During this time, concrete from the batch plant began to be used for the 360 widening project as well as other ancillary road projects outside of this scope.
• The applicant has requested a two-year extension for the existing Batch Plant to continue providing associated concrete for completion of public infrastructure projects (I-20 Frontage Road and 360 widening) within Grand Prairie and Arlington, via SUP process per staff. If the SUP is approved, concrete from this location could only be used at these two projects.
• Engineering & Environmental Impact continues to be monitored periodically and addressed when necessary.
Planned Development 17 & Planned Development 18 (PD-17 & PD-18) zoning on the referenced 41.3-acre tract was established in the last 1980’s. The base zoning for PD-17 & PD-18 is for General Retail District as provided for within the Unified Development Code (UDC). Due to the property’s location within the Interstate Highway 20 (I-20) Overlay Corridor District, additional development standards apply which include landscaping and architectural features. During the early 1990’’s an indoor-outdoor commercial family amusement facility operated along the far eastern portion of the tract “Fun City”. Fun-City has since been closed for several years, however, remnants of the site remain.
More recently, the property owner has submitted plans for mixed uses on the property ‘Westwalk’ concept plan providing a multi-story mixed use for retail, commercial and multifamily residential development.
Immediately to the north, Harmony School of Innovation consist of approximately 50,000 square feet serving Pre-K thru 5th grade. Further west of Westcliff Road is Prairie Gate, approximately 113,000, three-story (264 unit) multifamily residential development under construction.
At the northwest intersection of I-20 and S. Belt line, the 7/11-Shell convenience store with gasoline pumps has continued to be in operation since the mid-1990s.
CONSIDERATIONS:
The approximate 6.5-acre portion of the site is the extent of the batch plant operation and raw materials storage area, typically in operation from 7:00 AM until 7:00 PM but with a request for extended weekend nighttime hours between 7:00 PM and 7:00 AM. Two (30’ width) ingress/egress points are being provided to the east of the site to accommodate concrete trucks loading and delivery operations. Aggregate trucks and concrete trucks are typically staggered to arrive and depart the site at different times. Aggregate stockpiles (sand, gravel and fly ash) storage are located west and northwest of the plant.
Engineering and Environmental Service has conducted multiple site monitoring investigations and have determined the plant operating beyond minimum regulations with respect to discharge spillovers into the city’s storm sewer system (February 2019) though as of March 7, 2019 this condition has been addressed. Plant operators have taken mitigation measures to minimize contamination of pollution discharges into the city’s sewer system and sand and air pollution mitigation measures through BMPs. The City continues to monitor.
RECOMMENDATION:
DRC Recommendation (3/19):
City Staff and the applicant agreed in May of 2018 on a one (1) year operation, with Fluor agreeing to move the batch plant by May of 2019. Staff believes that due to the high visibility of this location at a City gateway (Belt Line and I-20) that the intent of the original agreement should be maintained and recommends that applicant be given six (6) months to find an alternate, less visible site for the batch plant, after which the current batch plant at Belt Line and IH-20 will cease operation and be removed.
Revised DRC Recommendation (4/16):
Approve per terms agreed to by Fluor in letter dated April 5, 2019 and outlined below:
This site will be utilized exclusively for the support and production of concrete for the Texas Department of Transportation project CSJ: 2374-04-049 IH-20 Frontage Roads and CSJ: 2266-02-086 SH-360 Widening Project.
CSJ: 2374-04-049 IH-20 project includes the construction of frontage roads from FM 1382 to Lake Ridge Parkway/SH 161. Also included in this project are intersection improvements at FM 1382, Robinson Road, and Carrier Parkway.
CSJ: 2266-02-086 SH-360 Widening project includes SH 360 widening from Camp Wisdom to Abrams St. Also included is bridge improvements at Abrams, Park Row, and Mayfield Rd over passes.
2374-04-049 and 2266-02-086 will be the only projects serviced by this batch plant location.
1. Duration of Plant Operation: June 2018 to Completion of IH-20 Frontage Road (est. March 2021)
2. Operational Hours:
a. Primary: 07:00 to 17:00 Mon-Fri
b. Saturday: 07:00 to 17:00 As needed
c. Night Production: Approximately 19:00 to 07:00 As needed
i. Night operations would be sporadic, and planned in advance.
ii. 3-day prior notice will be submitted to City of Grand Prairie
3. Storm Water Pollution Prevention Plan
a. Flour will maintain the SWPPP under TCEQ TXR15000 General permit to Discharge Under the Texas Pollutant Discharge Elimination System.
b. The concrete batch plant is equipped with a dust collecting system. Aggregate stockpiles will be watered by sprinkler system to reduce potential of air born dust. Batch plant yard will also be watered potential of air born dust.
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 A SPECIFIC USE PERMIT FOR A BATCH PLANT IN A COMMERCIAL DISTRICT TO WIT: BEING A PORTION OF 40.76 ACRES PARTLY OUT OF THE JWE WALLACE SURVEY, ABSTRACT NO. 1517 AND PARTLY OUT OF THE BENJAMIN F SMITH SURVEY, ABSTRACT NO. 1377, IN THE CITY OF GRAND PRAIRIE, 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, a 6-month permit (BP-1804) was issued by the City of Grand Prairie on May 23, 2018 for erection of a temporary Batch Plant for the Texas Department of Transportation IH-20 Frontage Road Project, and a 6-month extension of permit BP-1804 was authorized to begin on October 17, 2018 to allow the batch plant to operate until March 17, 2019; and
WHEREAS, the operator of the batch plant originally authorized by permit BP-1804 requests that the batch plant be allowed to remain in operation for an additional two (2) years from the date that permit BP-1804 expires, and that the batch plant be used to continue the IH-20 Frontage Road Project along with the SH 360 widening project; and
WHEREAS, the operator on behalf of 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 BATCH PLANT; and
WHEREAS, notice was given of a 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 April 16, 2019, to consider the advisability of amending the Zoning Ordinance and Map, 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, at the March 19, 2019 meeting, Council voted to table consideration of the Specific Use Permit at a public hearing until its regular meeting on April 16, 2019; and
WHEREAS, Council voted upon the request to approve the Specific Use Permit at its April 16, 2019 meeting, subject to all conditions listed in Section 2 of this ordinance; 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 a specific use may be made of said property as herein provided and 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 by limiting the scope and duration of the requested activity.
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 for the property depicted and legally described in Exhibit A - Boundary Description, 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 Unified Development Code.
SECTION 3.
Specific Use Permit
For operation of a Specific Use Permit for a BATCH PLANT IN A PLANNED DEVELOPMENT DISTRICT (PD-17); the following standards and conditions are hereby established as part of this ordinance:
1. The development shall adhere to the City Council approved Exhibit B - Site Plan and Operational Plan and Exhibit C - Operational Conditions, which is herein incorporated by reference, including hours of operation, dust control, and pollution prevention;
2. Concrete manufactured at the batch plant facility authorized by this ordinance shall be used only for construction that is within the scope of the Interstate 20 frontage road project within the City of Grand Prairie in Dallas County, and the SH 360 widening project within the Cities of Grand Prairie and Arlington in Tarrant County. Use of concrete manufactured at this facility for any other project is hereby prohibited under this ordinance and shall subject the operator to revocation of this Specific Use Permit. The applicant has agreed in writing to the specific conditions below which are recorded in Exhibit C:
This site will be utilized exclusively for the support and production of concrete for the Texas Department of Transportation project CSJ: 2374-04-049 IH-20 Frontage Roads and CSJ: 2266-02-086 SH-360 Widening Project.
CSJ: 2374-04-049 IH-20 project includes the construction of frontage roads from FM 1382 to Lake Ridge Parkway/SH 161. Also included in this project are intersection improvements at FM 1382, Robinson Road, and Carrier Parkway.
CSJ: 2266-02-086 SH-360 Widening project includes SH 360 widening from Camp Wisdom to Abrams St. Also included is bridge improvements at Abrams, Park Row, and Mayfield Rd over passes.
2374-04-049 and 2266-02-086 will be the only projects serviced by this batch plant location.
1. Duration of Plant Operation: June 2018 to Completion of IH-20 Frontage Road (est. March 2021)
2. Operational Hours:
a. Primary: 07:00 to 17:00 Mon-Fri
b. Saturday: 07:00 to 17:00 As needed
c. Night Production: Approximately 19:00 to 07:00 As needed
i. Night operations would be sporadic, and planned in advance.
ii. 3-day prior notice will be submitted to City of Grand Prairie
3. Storm Water Pollution Prevention Plan
a. Flour will maintain the SWPPP under TCEQ TXR15000 General permit to Discharge Under the Texas Pollutant Discharge Elimination System.
b. The concrete batch plant is equipped with a dust collecting system. Aggregate stockpiles will be watered by sprinkler system to reduce potential of air born dust. Batch plant yard will also be watered potential of air born dust.
3. Use of the batch plant authorized by this ordinance shall cease and the operator shall return the site to its prior condition on or before September 17, 2019, or upon completion and acceptance of the highway construction projects referenced above, whichever is sooner.
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 may be punishable in accordance with Section 1-8 of the Code of Ordinances of the City;
2. Upon receipt of citations as provided above, City staff may in accordance with Section 5.3.4 of the Unified Development Code initiate procedures for the City Council to revoke the Specific Use Permit authorized herein;
3. This Specific Use Permit may not be assigned to a different operator other than the operator that originally requested the permit without the written authorization of the City of Grand Prairie Director of Public Works.
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 16th of APRIL, 2019.
cASE nO. su190403
oRDINANCE nO. 10620-2019
sPECIFIC uSE pERMIT nO. 1072