From
Chris Hartmann
Title
SU180504B - Specific Use Permit Renewal - 3025 Hardrock Road (Commissioner Fisher/City Council District 1). A six months annual/periodic review 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. The property is zoned Planned Development 39 (PD-39) District and within the SH 161 Corridor Overlay District. (On March 9, 2020, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0).
Presenter
Savannah Ware, AICP, Senior Planner
Recommended Action
Approve
Analysis
SUMMARY:
Consider request for the annual/periodic review 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 Uses-Trinity Hearth |
|
East |
Light Industrial (LI) District |
SB SH 161 Service Rd |
|
West |
Light Industrial (LI) District |
Grand Prairie Auto Pound |
Ordinance 10066-2018 was approved 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 tin (not sure if this was an approved material).
6-Month Inspection; March 2020:
• Environmental Services found no violations with the exceptions of parking of vehicles and trailers on unimproved surfaces.
• Code Enforcement has since visited the site and found no violations.
PURPOSE OF REQUEST:
As required by Ordinance No. 10466-2018 for Specific Use Permit 1044 the City Council shall conduct a public hearing six-month (6) months 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.
The applicant is requesting an expansion of their truck and trailer parking operation to exceed the minimum trucking and storage from no more than (5) five to maximum of fifteen (15) trucks and trailers. Compliance with current standard has been sporadic at best.
PZ RECOMMENDATION:
At its March 9, 2020 meeting, the Planning and Zoning Commission voted 8-0 to recommend approval of a six month extension, including administrative approval of Site Plan to expand parking lot with concrete if the applicant adds bollards to prevent parking on non-paved areas and uses video surveillance to monitor truck parking remotely. The applicant must return to P&Z and Council in six months to verify this has been done, and any violations within the six month period will result in the SUP coming 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 TO RENEW SPECIFIC USE PERMIT-1044 FOR A TRUCKING AND STORAGE TERMINAL FACILITY IN 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, on May 15, 2018, the Grand Prairie City Council approved, via Ordinance No. 10466-2018 (Planning Case File No. SU180504), a request for a Specific Use Permit-1044 for a Trucking and Storage Terminal Facility; and
WHEREAS, on September 17, 2019, the Grand Prairie City Council approved, via Ordinance No. 10707-2019 (Planning Case File No. SU180504A), a one (1) year renewal for a Specific Use Permit-1044 for a Trucking and Storage Terminal Facility; and
WHEREAS, Ordinance No. 10707-2019 required a six (6) month review of the existing Specific Use Permit-1044 for a Trucking and Storage Terminal Facility, via a public hearing process, to verify compliance with the approved development standards and all applicable codes; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on March 9, 2020 legal notice of such public hearing before the Planning and Zoning Commission having been published in the paper of record, for the proposed renewal of the existing Specific Use Permit-1044 for a Trucking and Storage Terminal Facility 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 8 to 0 to recommend to the City Council of Grand Prairie, Texas, to renew Specific Use Permit-1044 for a Trucking and Storage Terminal Facility with specific conditions as enumerated herein; and
WHEREAS, City staff conducted an inspection of the property on March 12, 2020 and found operations to be in substantial compliance with the requirements of the Specific Use Permit;
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, 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; and
WHEREAS, the City Council of the City of Grand Prairie, Texas, held a public hearing on said application on March 17, 2020 and voted to renew Specific Use Permit-1044 for a Trucking and Storage Terminal Facility with specific conditions as enumerated herein.
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 numbered 1044 for the property, Lot 3 of Block A of the Matt M. LaVail Addition legally described in Exhibit A - Location Map, depicted in Exhibit B - Site Plan and Exhibit C - Operational 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 renewal is valid for six (6) months from date of approval;
2. The Development Review Committee may administratively approve a Site Plan that allows for additional concrete paving as shown on Exhibit D, provided that the operator install concrete bollards along the perimeter of the paving to prevent parking on unimproved surfaces, and that the operator install cameras on the property to allow for remote monitoring of operations;
3. Any subsequent violations during the six (6) month renewal period will result in staff bringing back the SUP back to 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 may be 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 10th of MARCH, 2020.
ordinance no. 10824-2020
specific use permit no. 1044B
case no. su180504B