.From
Chris Hartmann
Title
SU161202 - Specific Use Permit - ES&H Outside Storage (City Council District 1). Approve a Specific Use Permit to allow for Outside Storage Uses in conjunction with a local Environmental Incident Response Business. The 11.019-acre property is located at 3404 & 3409 Gilbert Road, is zoned Light Industrial (LI) District and is within the State Highway 161 (SH-161) Corridor Overlay District. The agent is Luke Keeton, Keeton Surveying Co. and the owner is Jeremmy McEntire, ES&H of Dallas, LLC. (On December 5, 2016, the Planning and Zoning Commission recommended approval of this request by a vote of 6-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
SUMMARY:
Consider a request to approve a specific use permit to allow for outside storage in conjunction with a local Environmental Incident Response Business. The 11.019-acre property is located at 3405 and 3409 Gilbert Road, is zoned Light Industrial (LI) District and is within the State Highway 161 (SH-161) Corridor Overlay District.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Use |
|
North |
Light Industrial (LI) District |
Undeveloped Uses. |
|
South |
Light Industrial (LI) District |
Undeveloped Uses |
|
East |
Light Industrial (LI) District |
Industrial Uses including the Applicant current business |
|
West |
Light Industrial (LI) District |
Undeveloped Uses |
PURPOSE OF REQUEST:
The applicant is requesting approval of a Specific Use Permit (SUP) to operate outside storage, in conjunction with the existing Environmental Remediation Business located directly across the street (S. Gilbert Road).
PROPOSED USE CHARACTERISTICS AND FUNCTION:
City Council adopted Specific Use Permit 928A (SUP-928A) in February 2014 to allow for Environmental Remediation Contractor with Outside Storage in a Light Industrial (LI) District. The business (ES&H of Dallas, LLC) on approximately 3.83 acres is located at 3418 & 3402 Gilbert Road. ES&H of Dallas, LLC recently acquired 11.019 acres directly across the street and plan to develop the vacant tract to accommodate their expanding business. Required (2) two-year review was successfully renewed of SUP-928A earlier this year (June 2016) with no conditions and/or issues occurring during that period.
The applicant proposes to develop the property in phases and is seeking approval for outside storage at this juncture to accommodate storage of business related trailers and equipment. For subsequent phases, the businesses’ stated intentions are to build an office/warehouse facility and other required infrastructure and necessary improvements in the future. To date, the applicant has yet to submit development or any concept plans for future development of the property.
The existing property’s surface appears to be a mixture crushed stone and gravel. The applicant proposes to provide a paved concrete approach and 24’ wide drive isle and 100’ length onto the property, per city specifications, for the access. According to the applicant, an average of 65-85 trailers will be stored on the site. No repair work or washing of any type will be performed on site.
The property will need to be platted prior to the issuance of any building permits. A floodplain development permit may also be necessary prior to any construction permit or use of the site. In addition, the applicant shall be required to provide the necessary drainage easements on the property.
Access and Parking:
An existing single access point from the property to Gilbert Road is proposed. The driveway approach is 24-feet wide. The front gate is proposed to be setback 30 feet from the ROW line.
Dimensional Requirements:
The subject property is zoned Light Industrial (LI). The following table provides detailed dimensional requirements in the Light Industrial (LI) District.
|
Standard |
Required |
Provided |
Meets |
|
Minimum Site Area |
15,000 sf |
491,618 sf |
Yes |
|
Minimum Lot Width |
100 ft. |
744 ft. |
Yes |
|
Minimum Lot Depth |
150 ft. |
635 ft. |
Yes |
|
Front Yard |
25 ft. |
30 ft. |
Yes |
|
Side Yard |
10 ft. |
Approx. 70 ft. |
Yes |
|
Rear Yard |
25 ft. |
Approx. 300 ft. |
Yes |
As submitted,
Landscape:
The minimum landscape requirement of the subject site is governed by Article 8 the UDC. Specifically, in the Light Industrial Zone District, a minimum of 4 % of the property must be landscaped of which 75 % is required to be located in the front yard between the building line and the front property line. Street trees are also required and are to be spaced at a minimum spacing of 25-feet and a maximum spacing of 50 feet. Existing trees may be used to fulfill tree‐planting requirements in pertaining to screening and landscaping if such trees are in a healthy and growing condition. When existing trees are used to fulfill screening and landscape requirements, their locations shall be accepted and the formal spacing requirements of the screening and landscape standards may be waived.
The site exhibit reflects Ret Tip Photinias at 50’ on center along the frontage (15) and four (4) live oaks. No irrigated landscaping is being proposed at this time.
REQUESTED APPEALS BY APPLICANT:
1. Concrete Paving - The UDC (Section 10.4.1-3) requires all non-residential private access drives, fire lanes, and parking lots to be concrete. The applicant is proposing that the storage yard consist of existing materials (asphalt, crushed stone and gravel) and that additional crushed stone be added to the site to provide a finished surface. In accordance with Section 10.4.6 of the UDC, alternative pavement types may be approved as an exception to the concrete standard by the City Engineer, but the alternative must be structurally equivalent to the minimum required concrete section and the design and specifications must be developed, signed and sealed by a licensed professional engineer and submitted to the city engineer for approval.
2. Landscape - As stated above, a landscape plan has not been submitted to date. The applicant has indicated that due to the limited availability of water to the site, they are requesting an appeal to either reduce or eliminate any additional landscaping requirement to the site at this time with the exception of the above stated plantings along the frontage of photinias and four live oak trees.
3. Fencing - The UDC (Section 8.9.6.A) requires all outside storage to be screened with a “Type 1” wall (masonry) on front property lines for any outside storage within 40 feet of a street right-of-way line. The proposed storage yard is setback 30 feet from the existing right-of-way line. A “Type 1” fence (masonry) is required along the street right-of-way line for any outside storage less than 40 feet from the property line. In addition, opaque screening fences for outside storage must be setback a minimum of 25 feet from any street right-of-way line.
The applicant is proposing an eight foot (8’) cedar fence with steel posts setback thirty feet (30’) along the frontage in lieu of the required masonry wall for screening of proposed outside storage. The proposal does not meet the minimum requirements of the UDC.
RECOMMENDATION:
Since the applicant is requesting the above noted appeals, the Development Review Committee is not able to recommend approval of this case.
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 THE PHASE 1 DEVELOPMENT OF A PROPOSED MULTI-PHASED ENVIRONMENTAL REMEDIATION CONTRACTOR WITH OUTSIDE STORAGE IN A LIGHT INDUSTRIAL (LI) DISTRICT, TO WIT: BEING 11.286 ACRES OUT OF THE JOHN C. READ ABSTRACT NO. 1183 (PAGE 847), GRAND PRAIRIE, DALLAS COUNTY, TEXAS; SAID ZONING MAP AND ORDINANCE BEING NUMBERED AS 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 owner 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 an Environmental Remediation Contractor with Outside Storage in a Light Industrial (LI) District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on December 5, 2016, 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 an Environmental Remediation Contractor with Outside Storage in a 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 6 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 an Environmental Remediation Contractor with Outside Storage in a 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 December 13, 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 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..."
Being passed and approved on November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit numbered 1013 for the property addressed as 3405 & 3409 Gilbert Road, as shown in Exhibit A - Location Map and as legally described as follows:
Being Tracts 2 & 3, totaling 11.286 acres, out of the John C. Read Abstract No. 1183 (Page 847), in the City of Grand Prairie, Dallas County, Texas.
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: PERMITTED USE DEFINITION
Environmental Remediation Contractor w/ Outside Storage: A business in which services utilized in the removal of pollution or contaminants from an environmental medium requiring specialized materials, supplies, and/or expertise are normally provided at the customer’s location, or the area requiring remediation rather than at the business location, and in which necessary materials, supplies or equipment are stored, displayed, or parked outside and on-site at the business location.
SECTION 4: STANDARDS AND CONDITIONS
For the operation of Phase 1 of a proposed multi-phased Environmental Remediation Contractor with Outside Storage in a Light Industrial (LI) District, the following standards and conditions are hereby established as part of this ordinance:
1. The development shall maintain full adherence, unless herein modified, with all Federal, State and Local regulations; including, but not necessarily limited to, all applicable standards and regulations of the Grand Prairie Municipal Code and Unified Development Code.
2. Phase 1 of a proposed phased development shall include only the following limited uses and operations:
a. Outside storage of empty “frac” tanks and empty roll off boxes and non-engine related environmental equipment.
b. None of the equipment to be stored on-site shall contain engines or engine fluids.
c. All equipment stored on-site will be clean and organized.
d. No on-site handling and storage of non-hazardous waste on the subject property
e. Typical hours of operation are Monday through Friday, 8:00 AM to 5:00 PM.
f.
3. Phase 1 of this development, as shown on Exhibit B - Site Plan/Landscape Plan, shall be completed prior to the issuance of a Certificate of Occupancy for the facility, including:
a. An eight (8) foot cedar wood screening fence shall be constructed along Gilbert Road.
b. Construction of a minimum 24’ wide drive approach attached to minimum 100’ drive in length to satisfy access to the property and built to Engineering Department standards.
c. Dedication of a 20’X 20’ drainage easement toward the northwest portion of the property.
4. Subsequent phases of this development are in no way authorized by this Ordinance and shall require separate review and approval in accordance to the rules and regulation of the Unified Development Code and other adopted regulations and policies of the City.
5. A valid city approved Certificate of Occupancy (CO) is required prior to any outside storage activity on the site.
6. The development shall adhere to the City Council approved Exhibit B - Site Plan/Landscape Plan, which include the following exceptions (appeals) to the above noted standards:
a. Type 1 Masonry Fence: The requirement to provide a Type 1 masonry-screening fence when erected within 40 feet of street ROW is hereby waived along the eastern property line in lieu of a Type 3 wood fence.
b. Type 3 Wood Fence: The requirement to provide a Type 3 screening fence of the around the outdoor storage yard is hereby waived along the north, south and west sides of said outdoor storage yard.
c. Concrete Paving: The requirement to pave the Phase 1 outdoor storage yard in concrete to minimum city standards is hereby waived in lieu of the existing crushed gravel yard.
7. The development shall further adhere to all Development Review Committee comments, as contained in case file SU161202, that are not in conflict with City Council approval as provided within this Ordinance.
SECTION 5: COMPLIANCE
All development must conform to the approved site plan labeled as Exhibit ‘A’, which is incorporated herein by reference.
1. By this Ordinance, this Specific Use Permit shall automatically terminate in accordance with Section 5.4.1 of the Unified Development Code if a Certificate of Occupancy is not issued for said use within one (1) year after City Council adoption of this Ordinance, or upon cessation of said use for a period of six (6) months or more.
2. Furthermore, by this Ordinance, the City Council shall conduct a public hearing one (1) year after City Council approval of this Specific Use Permit to confirm compliance with all applicable codes which shall include, but not be limited to, the requirements of this 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 6:
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 7:
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 8:
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 13th day of DECEMBER, 2016.
ORDINANCE NO. 10205-2016
CASE NO. SU161202
SPECIFIC USE NO. 1013