From
Chris Hartmann
Title
TA190801 - Text Amendment - Amendment to the Unified Development Code, Article 4 "Permissible Uses", modifying the permissible uses in certain zoning districts for Event Centers. (On August 5, 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
Approve
Analysis
Amendment to the Unified Development Code, Article 4 "Permissible Uses", modifying the permissible uses in certain zoning districts for Event Centers.
SUMMARY:
Amendment to Unified Development Code Article 4: Permissible Uses to add standard regulations for Event Centers to create consistency with new applications.
PURPOSE OF REQUEST:
Over the past several years, Grand Prairie has seen an increase in the number of Event Center Specific Use Permit Applications. Six Specific Use Permits in the last two years have been considered in front of P&Z and City Council.
Considering the number of Event Center applications, different standards have been applied to these Event Centers with little consistency. These new regulations will standardize the operation of Event Centers and make the process for approval more straightforward.
HISTORY:
The subject of Event Centers was discussed in the May 13th City Council Development Committee meeting. It was requested that a number of regulations be standardized for Event Centers after review of other Cities regulations and definitions on them.
PROPOSED STANDARDS:
SECTION 14 - MULTI-PURPOSE SPECIAL EVENT CENTERS
4.14.1 The Event Center may include only indoor areas for operational use. No functions are to be held outside other than on-site parking and loading/unloading of goods used in conjunction with authorized events.
4.14.2 The applicant may allow the renter to “bring your own bottle” (BYOB) in accordance with TABC provisions, as defined in the Alcoholic Beverage Code of the State of Texas.
4.14.3 For all events where alcohol is served, or where 100 or more guests are present, security must be provided by an individual qualified under Chapter 1702 of the Texas Occupations Code. This individual must be present for the duration of the event and to ensure the orderly departure of guests until at least one hour after the event is over. An additional individual must be present for each additional 100 guests attending the event.
4.14.4 The Event Center must meet all relevant safety requirements prescribed by the City of Grand Prairie and the State of Texas.
4.14.5 No event shall be held beyond 12:00 am midnight. This requirement does not apply to event cleanup or to routine business or property maintenance carried out by the owner of the event center.
4.14.6 The Event Center shall be used for organized group assemblies only, and shall not be used for single admission type events involving a cover charge entrance fee for individuals not associated with the organized group assembly. The Event Center may not be associated with a restaurant, bar, or nightclub.
RECOMMENDATION:
At its August 5, 2019 meeting, the Planning and Zoning Commission voted 7-0 to recommend approval as presented.
At its August 6, 2019 meeting, the City Council Development Committee voted 3-0 to recommend approval as presented.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING ARTICLE 4, “PERMISSIBLE USES” OF THE UNIFIED DEVELOPMENT CODE, ESTABLISHED BY ORDINANCE NUMBER 4779, PASSED ON NOVEMBER 20, 1990; TO AMEND THE PERMISSIBLE USES TO ADD REGULATIONS FOR EVENT CENTERS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 1.11.3.1 of the Unified Development Code of the City of Grand Prairie, Texas states: “Amendments to the text of the Unified Development Code shall be initiated only by action of the City Council directing the City Manager to initiate such a request on be-half of the City or by the City Manager's own initiative.”; and
WHEREAS, after consideration of said amendments, the City Council Development Committee of the City of Grand Prairie, Texas directed City Manager staff to initiate the preparation of an ordinance amending the Unified Development Code for submittal to the Planning and Zoning Commission of Grand Prairie, Texas for consideration of a recommendation to the City Council; and
WHEREAS, Notice was given of a public hearing on said amendments to be held by the Planning and Zoning Commission of Grand Prairie, Texas, in the City Hall Plaza Building at 6:30 P.M. on August 5, 2019, such Notice of the time and place of such hearing having been given at least ten (10) 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, after consideration of said amendments, the Planning and Zoning Commission of the City of Grand Prairie, Texas voted to recommend to the City Council of Grand Prairie, Texas, that said amendments should be approved since its provisions are in the public interest and will promote the health, safety and welfare of the community; 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 August 20, 2019 to consider the advisability of amending the Code of Ordinances and the Unified Development Code as recommended by the Planning and Zoning Commission, 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1
THAT, Article 4, “Permissible Uses” of the Unified Development Code, City of Grand Prairie, Texas, be and are amended, with proposed additions of text being shown in underlined print, and deleted text being shown with a single line strikethrough:
SECTION 14 - MULTI-PURPOSE SPECIAL EVENT CENTERS
4.14.1 The Event Center may include only indoor areas for operational use. No functions are to be held outside other than on-site parking and loading/unloading of goods used in conjunction with authorized events.
4.14.2 The applicant may allow the renter to “bring your own bottle” (BYOB) in accordance with TABC provisions, as defined in the Alcoholic Beverage Code of the State of Texas.
4.14.3 For all events where alcohol is served, or where 100 or more guests are present, security must be provided by an individual qualified under Chapter 1702 of the Texas Occupations Code. This individual must be present for the duration of the event and to ensure the orderly departure of guests until at least one hour after the event is over. An additional individual must be present for each additional 100 guests attending the event.
4.14.4 The Event Center must meet all relevant safety requirements prescribed by the City of Grand Prairie and the State of Texas.
4.14.5 No event shall be held beyond 12:00 am midnight. This requirement does not apply to event cleanup or to routine business or property maintenance carried out by the owner of the event center.
4.14.6 The Event Center shall be used for organized group assemblies only, and shall not be used for single admission type events involving a cover charge entrance fee for individuals not associated with the organized group assembly. The Event Center may not be associated with a restaurant, bar, or nightclub.
SECTION 2
THAT Sections of Article 4 “Permissible Uses” not included in this amendment, shall remain in full force and effect, save and except for necessary modifications to the “Table of Contents” affecting page numbering, and for necessary modifications to related terminology or phrases that have been modified by this amendment that will affect a similar modification to interrelated terminology and phrases cross-referenced in other Articles in the Unified Development Code.
SECTION 3
THAT if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provisions and such holding shall not affect the validity of the remaining portions thereof.
SECTION 4
THAT all of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Grand Prairie, Texas, in the discharge of his duties, shall not thereby render himself personally liable; and he is hereby relieved of all personal liability for any damage that might occur to persons or property as a result of any act required or permitted in the discharge of his said duties.
SECTION 5
THAT a violation of this article shall be a misdemeanor punishable in accordance with Section 1-8 of the Code of Ordinances of the City of Grand Prairie, Texas. The penalty provided herein shall be cumulative of other remedies provided by state law, and the power of injunction as provided in V.T.C.A. Local Government Code Section 54.016 and as may be amended, may be exercised in enforcing this article whether or not there has been a complaint filed.
SECTION 6
THAT the terms and provisions 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 7
THAT this ordinance shall be in full force and effect from and after its passage, approval and publication.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS THE 20th DAY OF AUGUST, 2019.
ORDINANCE NO. 10685-2019
CASE NO. TA190801