From
Chris Hartmann
Title
SU160203A - Specific Use Permit Renewal - Gemini Coatings (City Council District 1). Consider a request for the renewal of a specific use permit to operate a hazardous industrial use. The 4.28-acre property, located at 2350 114th Street is zoned Light Industrial (LI) district. The applicant is Maxwell Fisher, Masterplan Consultants and the owner is Jason Melton, Gemini. (On February 5, 2018, the Planning and Zoning Commission recommended approval of this request by a vote of 6-0).
Presenter
David Jones, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
Consider the request for the renewal of Specific Use Permit 987 to operate a hazardous industrial use. The 4.28-acre property, located at 2350 114th Street is zoned Light Industrial (LI) district.
ADJACENT LAND USES AND ACCESS:
North - Commercial Uses, zoned Light Industrial (LI)
East - Zoned Light Industrial (LI) and is a vacant lot
South - Zoned Light Industrial (LI) and is a vacant lot
West - Commercial Uses, zoned Light Industrial (LI) and the location of Jayco Manufacturing
PURPOSE OF REQUEST:
As required by Ordinance No. 10010-2016 for Specific Use Permit 987 the City Council shall conduct a public hearing one (1) year 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.
STATUS:
As required, staff requested inspections of the property and operations by the Code Enforcement Division and the Environmental Services Department on February 2nd, 2018. The inspections conducted indicated that all operations on the site appear to be currently in conformance with required conditions of the Specific Use Permit as approved by City Council. The Planning and Zoning Commission recommended approval 6-0 on February 5, 2018.
RECOMMENDATION:
Staff recommends approval of the indefinite renewal of SUP-987.
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 THE INDEFINITE RENEWAL OF A SPECIFIC USE PERMIT FOR A HAZARDOUS CHEMICAL MANUFACTURING USE IN THE LIGHT INDUSTRIAL (LI) AND GREAT SOUTHWEST INDUSTRIAL OVERLAY DISTRICTS TO WIT: BEING A 4.28-ACRE PROPERTY DESCRIBED AS LOT 3, BLOCK 5, OUT OF THE INDUSTRIAL COMMUNITY, NO. 7, GREAT SOUTHWEST INDUSTRIAL DISTRICT ADDITION, IN THE CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, AND BEING ADDRESSED AS 2350 114TH SREET; SAID ZONING ORDINANCE AND MAP 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 February 16, 2016, the Grand Prairie City Council approved, via Ordinance No. 9987-2015 (Planning Case File No. SU160203), a request for a Specific Use Permit for a hazardous chemical manufacturing use; and
WHEREAS, said Ordinance No. 10010-2015 stipulated that the Grand Prairie City Council shall conduct
a public hearing one (1) year after approval of said Ordinance to confirm continued compliance with adopted development standards and all applicable codes; and
WHEREAS, Staff has verified that the subject property is in substantial compliance with the approved development standards and applicable code and hereby recommends approval of the indefinite renewal of Ordinance No. 10010-2015 for a Specific Use Permit for a hazardous chemical manufacturing use; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on
February 5, 2018, following legal notice of such public hearing before the Planning and Zoning Commission had been published in the paper of record, for the proposed indefinite renewal of the existing Specific Use Permit for a hazardous chemical manufacturing use, 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 6 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to grand the indefinite renewal of Ordinance No. 10010-2015 for a Specific Use Permit for a hazardous chemical manufacturing use; 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..."
passed and approved November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit numbered 987A for the property addressed as 2350 114th Street, depicted in Exhibit A - Location Map, and legally described as Lot 3, Block 5, of the Industrial Community, No. 7, Great Southwest Industrial Addition.
SECTION 2: PURPOSE AND INTENT
The purpose of this Ordinance is to authorize the indefinite renewal of Ordinance No. 10010-2015 and to further provide the appropriate restrictions and development controls for this Specific Use Permit to operate in a manner compatible with the surrounding development and zoning and in compliance with the City’s Comprehensive Plan and the Unified Development Code.
SECTION 3: STANDARDS AND CONDITIONS
FOR CONTINUED OPERATION OF A HAZARDOUS CHEMICAL MANUFACTURING USE - IN LIGHT INDUSTRIAL (LI) DISTRICT. The following conditions are hereby established as part of this ordinance:
A. All operations shall conform to the Planning and Zoning Commission specific use permit and operational plan for case number SU160302, as approved.
B. Applicant shall obtain industrial wastewater discharge permit at least 60 days prior to planned discharge.
C. Applicant shall maintain compliance with all federal, state, and local environmental regulations.
D. The facility shall maintain TCEQ registrations at all times for storage of regulated waste.
E. The facility shall have sufficient security measures to prevent unauthorized access to the facility.
F. The facility shall be in compliance with federal, state, and local pre-treatment regulations.
G. The facility shall be prohibited from producing offensive odors and must comply with the City noise ordinance.
H. The applicant shall provide documentation that proves technology and equipment have been approved by appropriate regulatory agencies.
I. The facility shall have updated emergency spill plan kept on file at all times.
J. The applicant shall maintain contract with emergency response company acceptable to City Staff and post name and phone number on front window.
K. The facility shall practice all best management practices listed in its Storm Water Pollution Plan.
L. The facility shall comply with Article X. Cross-Connection Control and Prevention Ordinance and test devices annually.
SECTION 4: COMPLIANCE
All development must continue to be in substantial conformance with Exhibit A - Site Plan and Exhibit B - Operational Plan, of this ordinance, which are herein incorporated 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. 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.
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 20TH DAY of February 2018.
ordinance no. 10433-2018
case no. SU160203A
specific use permit no. 987A