From
Chris Hartmann
Title
Z190902 - Zoning Change - 201 NW 16th St, Planned Development (City Council District 5). A request to change the zoning from C, Commercial District to a Planned Development for C, Commercial District to allow for metal parts manufacturing and assembly in an existing steel building. The property is located at the northwest corner of NW 16th Street and NW Dallas Street on Lots 10, 11 & 12, Block 52, Dalworth Park Addition, City of Grand Prairie, Dallas County, Texas. The applicant is Raul Rendon. (On September 9, 2019, the Planning and Zoning Commission recommended approval of this request by a vote of 7-0).
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approved
Analysis
SUMMARY:
Consider a request to change the zoning from C, Commercial District to a PD, Planned Development that allows for metal parts manufacturing and assembly in an existing steel building. The property is located at the northwest corner of NW 16th Street and NW Dallas Street on Lots 10, 11 & 12, Block 52, Dalworth Park Addition, City of Grand Prairie, Dallas County, Texas, located at 201 NW 16th Street.
HISTORY:
The property was previously purchased in 2003 by Benny Emmons. During that time the building operated as a small metal parts manufacturing and assembly facility. It produced western parts and horse equipment under the name of Supreme Rope Products.
The deed was transferred to Raul Rendon in February of 2019 with the intention of continuing the non-conforming operation of the site as a similar use.
ADJACENT LAND USES AND ACCESS:
|
Table 1: Adjacent Zoning and Land Uses |
|
Zoning |
Existing Use |
|
North |
C, Commercial District |
Residential Dwelling |
|
East |
SF-4, Single Family District |
Residential Dwelling |
|
South |
C, Commercial District |
Twins Roofing & Contracting |
|
West |
SF-4, Single Family District |
Residential Dwelling |
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The applicant is proposing to continue the use of metal parts manufacturing and assembly on this site. The site can be accessed from NW 16th Street.
CONFORMANCE WITH THE COMPREHENSIVE PLAN:
The 2018 Comprehensive Plan’s Future Land Use Map (FLUM) designates the rezoning area as Mixed Use. The proposed Planned Development fits with the character of the area but not the FLUM. Staff recommends that the parts assembly use be allowed to continue as it fits with the character and fabric of the neighborhood, but to not be open to other more intense industrial uses.
RECOMMENDATION:
The Development Review Committee recommends approval of the requested Zoning Change for a planned development under the following condition:
• No outside storage of parts and materials.
• No loading or unloading in the public right of way.
• The use of parts manufacturing and assembly will be void if the use is discontinued more than 6 months.
• An amendment to the PD is required to establish any future industrial uses or other non-commercial use.
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 TO ALLOW A ZONING CHANGE FROM C, COMMERCIAL DISTRICT TO A PD, PLANNED DEVELOPMENT IN ORDER TO OPERATE A METAL PARTS MANUFACTURING AND ASSEMBLY FACILITY WITH UNDERLYING COMMERCIAL (C) USES ON LOTS 10, 11 & 12, BLOCK 52, DALWORTH PARK ADDITION, 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; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
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 for a Zoning Change for Metal Parts Manufacturing and Assembly in a Planned Development (PD) District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on September 9, 2019, 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 Zoning Change for Metal Parts Manufacturing and Assembly in a Planned Development (PD) 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 unanimously to recommend approval to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to allow for a Zoning Change for Metal Parts Manufacturing and Assembly in a Planned Development (PD) 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 P.M. on September 17, 2019 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 Zoning Change 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 I.
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 so as to establish a Planned Development for the property location described for property described in Exhibit A, which is incorporated herein by reference.
SECTION 2: Planned Development Standards
FOR OPERATION OF A METAL PARTS FABRICATION AND ASSEMBLY FACILITY WITHIN A PLANNED DEVELOPMENT (PD) DISTRICT WITH AN UNDERLYING ZONING OF C, COMMERCIAL DISTRICT.
1. The City of Grand Prairie reserves the right to require supporting materials before issuing a Certificate of Occupancy including, but not limited to, redacted lease agreement showing initial term and end date and operational plan.
2. The development shall conform to the City Council approved Site Plan (Exhibit B - Site Plan), with the following provisions:
A. That the use of parts manufacturing and assembly will be discontinued following an ownership change or if the use has ceased for more than 6 months.
B. That there will be no loading or unloading on the street.
3. The development shall adhere to the operational standards found in Exhibit C - Operation Plan and as listed below:
A. All development shall conform to the dimensional and development standards of the Commercial (C) District of the Unified Development Code, as may be amended.
B. All operations shall be conducted entirely on-site. The public right-of-way shall not be utilized for business activities, including loading or unloading of vehicles.
C. Future changes or additions to the use of the property, or the construction of additional structures, may require additional parking as stipulated in the Unified Development Code, as amended, for each particular use; and
D. The property shall accommodate only one tenant at a time with no subleasing of building space or parking spaces to any tenant other than the business holding the Certificate of Occupancy; and
E. All operations shall maintain compliance with all federal, state, and local environmental regulations; and
F. Shall adhere to all best management practices listed within its storm water pollution prevention plan; and
SECTION 4: Compliance & Development Standards
All development must conform to the approved Site Plan, which are herein incorporated by reference.
1. The operation of this site shall be in strict compliance with the requirements of this PD 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.
2. The Certificate of Occupancy shall note the existence of this Planned Development by its PD 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 the terms of this Ordinance are severable and are governed by Section 1-4 of the Code of Ordinances of the City of Grand Prairie, Texas.
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 19th of february, 2019.
ORDINANCE NO. 10705-2019
PLANNED DEVELOPMENT NO. 393
ZONING CASE NO. Z190902