From
Chris Hartmann
Title
SU110503B - Specific Use Permit Revocation - 1210 Avenue J East (City Council District 1). Revoke Specific Use Permit No. 872 for a metal reclamation and shipping company with outside storage on 4.586 acres. The subject property is zoned Light Industrial (LI) District and is located east of N. Great Southwest Parkway on the south side of Avenue J East. The owner is CunYun Ye. (On August 4, 2014, the Planning and Zoning Commission recommended approval of the revocation by a vote of 9-0.)
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Revocation
Analysis
SUMMARY:
Consider a request to revoke Specific Use Permit No. 872 and Specific Use Permit No. 872A (renewal) for a metal reclamation and shipping company with outside storage on 4.586 acres. The subject property is zoned Light Industrial (LI) District and is located east of N. Great Southwest Parkway on the south side of Avenue J East. The owner is CunYun Ye.
ADJACENT LAND USES AND ACCESS:
North: Directly north of the subject property is Avenue J East, which is classified as a M4U (minor arterial, four lane, undivided roadway) according to Article 23, "Master Transportation Plan," of the Unified Development Code. Beyond Avenue J East are two parcels of land zoned Light Industrial (LI) District that are occupied with warehouse/distribution centers.
South: Directly south of the subject property is right-of-way for the Great Southwest Rail Road. This right-of-way is followed by one parcel of land zoned Light Industrial (LI) District that is occupied with a warehouse/distribution center.
East: Directly east of the subject property is 113th Street, which is classified as M4U (minor arterial, four lane, undivided roadway) according to Article 23, "Master Transportation Plan," of the Unified Development Code. Beyond 113th Street is the western most boundary of Phase 2 of the Hidden Creek Subdivision, which is zoned Planned Development District 280 (PD-280) for Single Family Detached Uses and is occupied with single family residential homes.
West: Directly west of the subject property is a parcel of land zoned Light Industrial (LI) District that is occupied with a warehouse/distribution center. Beyond this parcel of land is S. Great Southwest Parkway, which is classified as a P6D (principal arterial, six lane, divided roadway) according to Article 23, "Master Transportation Plan," of the Unified Development Code.
PURPOSE OF REQUEST:
The purpose of this request is to revoke SUP No. 872, as established by Ordinance No. 9208-2011; and to also revoke SUP No. 872A, as established by Ordinance No. 9363-2012, which is the renewal documentation of the initial SUP approval.
BASIS FOR REVOCATION SUMMARY:
Cun Yen Ye, the owner of the subject property, 1210 Avenue J East, was granted a SUP on May 11, 2011 to operate a Metal Reclamation and Shipping Company with Outside Storage on the subject property. The SUP was renewed indefinitely on May 15, 2012. However, as part of the initial SUP approval and SUP renewal, a number of conditions were established by Ordinance No. 9208-2011 and restated in Ordinance No. 9363-2012. Specifically,
PERMITTED USE DEFINITION
Metal Reclamation and Shipping Company: A facility where post industrial metals are sorted and transported into logistics containers for the efficient transport to an end user. These sites do not manufacture or alter the products, with the exception of bundling them into larger loads for transit.
Outside Storage (Accessory): Accessory outside storage, or outside storage (accessory), shall be outside storage that is accessory and ancillary to a primary use on the property. Such storage shall not exceed 30% (percent) of the area of all structures on a site or 15 % (percent) of the site itself, whichever is greater.
CONDITIONS FOR A CERTIFICATE OF OCCUPANCY
The following conditions must be satisfied prior to issuance of a Certificate of Occupancy (CO) for a Metal Reclamation and Shipping Company with Outside Storage on the subject property at 1210 Avenue J East:
1. The building address shall be posted on the site per Municipal Ordinance 29-20.
2. The parking areas on the subject property will need to be stripped as reflected on the approved site plan depicted in Exhibit 'B' of this document.
3. The construction of a non-transparent masonry dumpster screening wall, designed to the city's required specifications, and situated in the position reflected on the approved site plan depicted in Exhibit 'B' of this document is required on the subject property.
4. Knox-Box Rapid Entry Systems are required to be installed on the gates reflected on the approved site plan depicted in Exhibit 'B' of this document.
OPERATIONAL CONDITIONS
The following conditions pertain to the operation of a Metal Reclamation and Shipping Company with Outside Storage on the subject property at 1210 Avenue J East and conformance to these stipulations are required for continued operations:
1. A valid city approved Certificate of Occupancy (CO) is required prior to any outside storage activity on the site.
2. All operations on the subject property must conform to the Planning and Zoning Commission and City Council signed and approved site plan and operational plan as provided in the final submittal under case number SU110503.
3. All operations on the subject property must maintain compliance with all applicable federal, state and local regulations and environmental laws.
4. This site is not permitted to be open to the general public and no drop-off recycling will be permitted by individual operators.
5. The storage of flammable liquids, perishables, toxic substances or hazardous materials shall not be permitted.
6. No liquid recyclables can be accepted or stored on this site.
7. No materials containing oils, greases or other chemicals shall be stored on this site.
8. A spill kit will be required to be stored on site at all times.
9. At no time shall waste materials be stored outside the designated dumpster enclosure.
10. The manufacturing, remanufacturing or alteration of metals, with the exception of bundling the metal materials into larger loads for transit, shall be permitted.
11. Gaylord boxes or other types of cardboard constructed containers will be required to be stored inside the warehouse facility or under roof protected from the elements.
12. All operations on this site will be required to be performed under roof or in an enclosed space with the exception of the outside storage yard, which may be utilized to store wooden pallets, forklifts and other machinery used for operations, logistics crates, and metal roll off containers only. Metal roll off containers with lids that prevent materials stored inside them from exposure to outside elements will be permitted to be placed in the outside storage area after being filled inside the warehouse facility.
13. No metal products shall be stored in the outside storage yard or in areas that are not protected from the weather.
14. No operations except as permitted above shall take place in the outside storage yard.
15. The placement or stacking of merchandise, inventory, equipement, machinery and/or any other materials may not exceed one (1') foot below the total height of the fence that surrounds the property.
16. No inventory nor any other materials being stored in the interior of the building may be stacked at a height taller than twelve (12') feet measured from the finished floor to the tallest point of the stacked materials.
17. All gates located on the subject property, which restrict the Fire Departments access to the property, shall have a Knox-Box Rapid Entry System. Application forms are availiable at the Fire Administration building.
18. No inventory, equipment, machinery or any other materials shall be placed in a position where it will obstruct the use of any entrances or exits to the building.
See attached Exhibit C - Environmental Services Complaint Summary for a chorological summary of the failure to comply with the aforementioned conditions of approval:
ZONING HISTORY:
Ordinance No. 1128 annexed the subject property into the City of Grand Prairie on December 19, 1956. The earliest available zoning ordinance (Ordinance No. 2299), approved by City Council on February 15, 1972, shows the subject property as designated as a Light Industrial (LI) District. Staff has not found any changes to the Light Industrial (LI) Designation established in 1972. On May 17, 2011, City Council approved SUP No. 872 (Ordinance No. 9208-2011) under Case No. SU110503, which permitted the Metal Reclamation and Shipping Facility with Outside Storage to operate on the subject property. On May 15, 2012, City Council approved SUP No. 872A (Ordinance No. 9363-2012) under Case No. SU110503A, which indefinitely renewed the Specific Use Permit for the Metal Reclamation and Shipping Facility with Outside Storage to operate on the subject property.
RECOMMENDATION:
The Grand Prairie Environmental Services has exhausted all efforts to work with the business to ensure compliance. As a result, Staff requests that this Special Use Permit (SUP) be revoked.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE ZONING MAP AND ORDINANCE TO TERMINATE SPECIFIC USE PERMIT NO. 872 AND SPECIFIC USE PERMIT NO. 872A (RENEWAL), AS APPROVED BY CITY COUNCIL VIA ORDINANCE NO. 9208-2011 AND RENEWED BY CITY COUNCIL VIA ORDINANCE NO. 9363-2012, PERMITTING A METAL RECLAMATION AND SHIPPING COMPANY WITH OUTSIDE STORAGE TO OPERATE IN A LIGHT INDUSTRIAL (LI) ZONING DISTRICT, TO WIT: BEING SITE 15, BLOCK 7 OF THE INDUSTRIAL COMMUNITY NO. 1 OUT OF THE GREAT SOUTWEST INDUSTRIAL DISTRICT, OUT OF THE MACAJAH GOODWIN ABSTRACT NO. T584, IN THE CITY OF GRAND PRAIRIE, TARRANT COUNTY, TEXAS AND BEING ADDRESSED AS1210 AVENUE J EAST, GRAND PRAIRIE, 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, Specific Use Permit No. 928 via Ordinance No. 9208-2011 was granted on May 17, 2011 by City Council permitting a Metal Reclamation and Shipping Company with Outside Storage in the Light Industrial (LI) Zoning District; and
WHEREAS, Specific Use Permit No. 928A via Ordinance No. 9363-2012 was granted on May 15, 2012 by City Council renewing a Metal Reclamation and Shipping Company with Outside Storage in the Light Industrial (LI) Zoning District; and
WHEREAS, the Grand Prairie Environmental Services has petitioned for an amendment of the Zoning Ordinance and map of said city to Terminate Specific Use Permit No. 872 and 872A permitting the Metal Reclamation and Shipping Company with Outside Storage to operate in the Light Industrial (LI) Zoning District for failure to comply with said conditions outlined with of the specific use permit approval and other regulations of the city; and
WHEREAS, the Planning and Zoning Commission of the City of Grand Prairie, Texas, held a public hearing on said petition on August 4, 2014 after written notice of the proposal to Terminate Specific Use Permit No. 872 and 872A permitting the Metal Reclamation and Shipping Company with Outside Storage to operate in the Light Industrial (LI) Zoning District had been sent to owners of real property lying within 300 feet of the property on which the petition to Terminate Specific Use Permit No.872 and 872A permitting the Metal Reclamation and Shipping Company with Outside Storage to operate in the Light Industrial (LI) Zoning District is located, 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 petition, 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, to Terminate Specific Use Permit No.872 and 872A permitting the Metal Reclamation and Shipping Company with Outside Storage to operate in the Light Industrial (LI) Zoning 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 Council Chambers of City Hall at 6:30 o'clock P.M. on September 2, 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 Dallas Morning News, Dallas, 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..."
and passed and approved November 20, 1990, as amended, is hereby further amended without prejudice so as to Terminate Specific Use Permit No. 872 and 872A permitting the Metal Reclamation and Shipping Company with Outside Storage to operate in the Light Industrial (LI) Zoning District for the following described area:
Being Site 15, Block 7 of Industrial Community No. 1 out of the Great Southwest Industrial District, in the Micajah Goodwin Abstract No. T584, in the City of Grand Prairie, Tarrant County, Texas, and being addressed as 1210 Avenue J East, being 3.774 acres, and as shown on the approved site plan labeled as Exhibit 'A', which is incorporated herein by reference.
Section 2. Conditions of Termination
That the following conditions are hereby established as part of this revocation ordinance:
1. That Specific Use Permit No. 872 and 872A, permitting the Metal Reclamation and Shipping Company with Outside Storage to operate in the Light Industrial (LI) Zoning District, are hereby revoked but shall remain in effect for a period of not more than 6 months from the date of this ordinance, provided that the owner(s)/operator(s) of the Metal Reclamation and Shipping Company with Outside storage shall fully comply with the conditions of said specific use permit(s) and all other city, state, and federal regulations, and
2. The property owner shall stripe the ground at the base of the canopies to delineate the area that is under cover from the area that is not under cover, and
3. Failure to comply with the conditions of said specific use permit(s) and all other city, state, and federal regulations, shall result in the automatic revocation of said specific use permit(s). Minor infractions, as determined by Grand Prairie Environmental Services, shall not constitute justification for automatic revocation.
Section 3.
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 4.
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
Section 5.
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 2nd of September, 2014.
ORDINANCE NO. 9748-2014
SPECIFIC USE PERMIT NO. 872A
CASE NO. SU110503B