From
Chris Hartmann
Title
SU130702B/S130702B - Specific Use Permit/Site Plan Renewal- Wells Enterprise (City Council District 5).Renewal of a Specific Use Permit and Site Plan for outside storage on 2.98 acres at 202, 305 and 307 N.E. 19th Street. The subject property is zoned Light Industrial-Limited Standards (LI-LS) District. The property is located in Central Business District No. 3 Overlay District. (On June 6, 2016, the Planning and Zoning Commission recommended approval to renew this SUP by a vote of 9-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
SUMMARY:
Consideration of a request for an indefinite renewal of Specific Use Permit and Site Plan for outside storage on 1.0 acres at 202, 305 and 307 S.E. 19th Street. The subject property is zoned Light Industrial-Limited Standards (LI-LS) District. The property is located in Central Business District No. 3 Overlay District. The owner is Wells Enterprise, the agent is Michael Stanley, and the applicant is Edwin Cifuentes
ADJACENT LAND USES AND ACCESS:
North - Property to the north is zoned Light Industrial (LI) District and is partially developed with .
South - Immediately to the south is Pacific Street right-of-way which is developed as a two lane undivided street.
East - Immediately to the east is S.E. 19th Street which is developed as a two lane undivided street. Farther east properties are zoned Light Industrial-Limited Standards and are developed with automotive and industrial uses.
West - Immediately to the west is an undeveloped street right-of-way. Farther west property is zoned Light Industrial (LI) District and is developed with automotive uses.
PURPOSE OF REQUEST:
To modify the Light Industrial (LI) District by the approval of a Specific Use Permit for outside storage of vehicles, equipment and forms used in laying concrete. Outside storage as a principal use in a Light Industrial (LI) District requires the approval of a Specific Use Permit (SUP).
PROPOSED USE CHARACTERISTICS AND FUNCTION:
The proposed use will function as a storage facility for two separate businesses. An auto body repair shop nearby needs additional area for vehicle overflow, and a concrete paving business which plans to store forms and equipment for their paving company.
The total site is approximately 64,904 square feet or 1.49 acres over 4 existing lots. There is an existing 20 foot wide drainage easement located on the west and south property line which is fenced and excluded from the storage use. The property is currently screened with an existing sheet metal fence which is on the property line and does not meet current city setback requirements. Currently all areas being proposed for storage are unpaved.
The applicant is requesting to replace the existing fence in its current location with a pre-finished upgraded R-panel metal fence with metal cap strip. The applicant is also requesting to be allowed to phase the required concrete paving in small increments over a three year period. The applicant is also requesting to be allowed to use compacted crushed rock in the unpaved areas until the required paving is completed. The proposed surface area for storage for the paving contractor is being proposed as crushed rock or gravel.
ZONING HISTORY:
The property was annexed into the City in 1949 by Ordinance 57. The property is shown on the 1970 zoning maps as Light Industrial (LI) District. Staff has determined that it has been in place since that time.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map of the 2010 Comprehensive Plan show this area for light industrial uses. The Light Industrial (LI) District allows outside storage with the approval of a Specific Use Permit. Staff has determine that if approved the use will be in conformance with the 2010 Comprehensive Plan.
DENSITY AND DIMENSIONAL IMPACTS:
An appeal is being requested to the minimum setback adjacent to street right-of-way for the new screening fence.
REQUESTED APPEALS BY APPLICANT:
Per Article 8, Landscaping and Screening of the Unified Development Code, Section -8.9.6 Required Screening Regulations for Outside Storage.
All outside storage shall require a screening fence in accordance with the following provisions.
A. All outside storage shall be required to be screened with a "Type 1" fence on property lines adjacent to any property which is zoned for single family detached, single family attached, two‐family, and multi‐family residential uses or for any outside storage area within 40 feet of street right‐of‐way line. All screening fences for outside storage musto be setback a minimum of 25 feet from any street right‐of‐way line.
1. The applicant is appealing to allow only three walls of masonry, with the south wall of the office to be constructed of metal siding.
2. The applicant is appealing to allow the use of a living landscape screening fence in lieu of new masonry fencing set back 25 feet from public right-of-way.
Per Article 10, Parking and Loading Standards, Section 10.4.3 - All non‐residential private access drives, fire lanes and parking lots and all multi‐family private access ways, drives, fire lanes and actual parking stalls or spaces shall be concrete and constructed of:
A. A minimum five (5) inches of 3000 PSI (5‐sack mix minimum) concrete with number three (#3) steel reinforcement (rebar) twenty‐four (24) inches on center both ways (perpendicular). This shall be placed on top of minimum six (6) inches depth of six (6) percent by volume lime stabilized sub grade compacted to ninety‐five (95) percent standard proctor density; or
B. A minimum five (5) inches of 3000 PSI (5‐sack mix minimum) concrete with number three (#3) steel reinforcement (rebar) twenty‐four (24) inches on center both ways (perpendicular). This shall be placed on top of a minimum of six (6) inches in depth of crushed stone base which meets the Standard Specifications for Public Works Construction, North Central Texas Item 2.1.3.(b); or,
C. A minimum of six (6) of 4000 PSI (5-sack mix minimum) with number three (#3) steel reinforcement (rebar) twenty-four (24) inches on center both ways (perpendicular). This shall be place on top of scarified and re-compacted sub grade compacted to a depth of 8” to 95% standard proctor density at optimum moisture.
Staff has requested that the proposed fence be set back a minimum of 15 feet from the property line. Based on the drawings provided this would allow the same area of parking and a standard 25 foot access aisle in the center. Staff is recommending that all areas for vehicle, equipment, and forms storage be of concrete, constructed to current city standards since vehicular access will be required in and out of the storage lots. Staff has no objection to the phasing as indicated by the applicant as long as no storage occurs until the required paving is installed.
The applicant is appealing the reduced fence setback, and the requirement to pave the lots prior to allowing parking.
RENEWAL INSPECTION STATUS:
The property is in full compliance with Ordinance No. 9842-2015.
RECOMMENDATION:
Staff recommends the indefinite renewal of Oridinance No. 9842-2015.
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 FOR THE INDEFINITE RENEWAL OF A SPECIFIC USE PERMIT FOR OUTSIDE STORAGE IN A LIGHT INDUSTRIAL LIMITED STANDARDS (LI-LS) DISTRICT, TO WIT: BEING 1.0 ACRE DESCRIBED AS LOTS 1R AND 2R, BLOCK R, AND LOT 2R, BLOCK H, TWIN AIRPORTS ADDITION, IN THE CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, AND BEING ADDRESSED AS 202, 305 & 307 S.E. 19TH STREET, 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 October 15, 2013, the City Council approved, via case number SU130702 and Ordinance No. 9622-2013, a request for a Specific Use Permit for Outside Storage in a Light Industrial Limited Standards (LI-LS) District; and
WHEREAS, on April 7, 2015, the City Council approved, via case number SU130702A and Ordinance No. 9842-2015, a request for a one (1) year renewal of a Specific Use Permit for Outside Storage in a Light Industrial Limited Standards (LI-LS) District; and
WHEREAS, city staff initiated the required one (1) year review by the Planning Commission and City Council of the Specific Use Permit for Outside Storage in a Light Industrial Limited Standards (LI-LS) District; and
WHEREAS, staff has verified that the subject property is in full compliance with the approved development standards and applicable codes, and
WHEREAS, staff recommends, due to verified compliance with approved development standards and applicable codes, the indefinite renewal of said existing Specific Use Permit for Outside Storage in a Light Industrial Limited Standards (LI-LS) District, and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on June 6, 2016, after a legal notice of such public hearing before the Planning and Zoning Commission on the proposed Specific Use Permit had be published in the paper of record of an extension of an existing Specific Use Permit for Outside Storage in a Light Industrial Limited Standards (LI-LS) District is proposed, said Notice having been given not less than ten (10) days before the date set for hearing; and
WHEREAS, after consideration of said renewal, 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, that said Zoning Ordinance and Map be amended to allow for the continued operation of a Specific Use Permit for Outside Storage in a Light Industrial Limited Standards (LI-LS) 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 June 21, 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..."
passed and approved November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit numbered 921B for the property located as shown in Exhibit B - Location Map and as described as follows:
Being 1.0 acre addressed as 202, 305, and 307 S.E. 19th Street and being described as Lots 1R and 2R, Block R, and Lot 2R, Block H, Twin Airports Addition, in the City of Grand Prairie, Dallas County, Texas.
SECTION 2.
Specific Use Permit
FOR OPERATION OF OUTSIDE STORAGE OF VEHICLES ON LOT 1R, BLOCK R AND LOT 2R, BLOCK H, TWIN AIRPORTS ADDITION AND FOR THE OPERATION OF OUTSIDE STORAGE OF CONCRETE FORMS AND EQUIPMENT ON LOT 2R, BLOCK R, TWIN AIRPORTS ADDITION IN A LIGHT INDUSTRIAL LIMITED STANDARDS (LI-LS) DISTRICT. The following conditions are hereby established as part of this ordinance:
1. All operations must conform to the Operational Plan and Site Plan signed and approved by City Council under case file SU120702.
2. Must maintain compliance with all federal, state and local environmental regulations.
3. Must have sufficient security measures to prevent unauthorized access to the facility.
4. No storage of hazardous waste will be permitted on the premises.
5. All outside storage must be on approved concrete paved surfaces constructed to current city standards. All paved surfaces must be maintained in good condition to current city standards. (see Section 3.1 below for approved Phasing plan)
6. Parking shall not be permitted in access lane, only in parking spaces as shown on the approved site plan.
7. Total parking allowed on site as shown shall be 54 vehicles.
8. All storage of equipment, trailers and concrete forms shall be on an approved concrete paved surface. (see Section 3.1 below for approved Phasing plan)
9. No repair or service of vehicles will be allowed on site.
10. No repairs to vehicles or work shall be allowed outside of buildings.
11. Site modifications, changes, or addition of uses may require a SUP amendment or amendment of site plan drawings prior to the initiation of those uses.
12. Elevations and details of proposed screening must be provided with site plan.
13. An irrigation system must be installed for all proposed landscaping and must meet City of Grand Prairie standards.
SECTION 3.
Compliance
All development and use must conform to the approved Site Plan labeled as Exhibit ‘A’, which is herein incorporated by reference.
1. By this Ordinance, this Specific Use Permit for Outside Storage in a Light Industrial Limited Standards (LI-LS) District shall automatically terminate, in accordance with Section 5.4.1 of the Unified Development Code, upon cessation of said use for a period of six (6) months or more.
2. The operation of this Specific Use Permit shall be in strict compliance with 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 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 4.
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 5.
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 6.
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 21st DAY of June, 2016.
ordinance no. 10072-2016
case no. su130702B
specific use permit no. 921B