From
Chris Hartmann
Title
TA170901 - Text Amendment - Article 8: Landscape and Screening, Exhibit 5 - Recommended Varieties (Large and Medium Trees) to include Washington Filfera, Trachycarpus Fortunei, Butia Capitata, and Sabal Mexicana; and Article 11: Performance Standards, Section 12 - Requirements for On-Premise Sale and Consumption of Alcoholic Beverages, 11.12.1, Standards, E. - Allow as incidental use in hotel, resort casino hotel and motel equipped with Walk-Up Service, On-Site Restaurant, and I. - “Allowed as an incidental use at the following City of Grand Prairie parks, recreation, entertainment and conference center facilities…” to add Former Fire Station 1, 321 E. Main Street, the Epic, 2960 Epic Place, and Epic Waters, 2970 Epic Place. The owner/applicant is the City of Grand Prairie Planning Department. (On September 11, 2017, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0).
Presenter
Chief City Planner David Jones, AICP
Recommended Action
Approve
Analysis
SUMMARY:
Article 8: Landscape and Screening, Exhibit 5 - Recommended Varieties (Large and Medium Trees) to include Washington Filfera, Trachycarpus Fortunei, Butia Capitata, and Sabal Mexicana; and Article 11: Performance Standards, Section 12 - Requirements for On-Premise Sale and Consumption of Alcoholic Beverages, 11.12.1, Standards, I. - “Allowed as an incidental use at the following City of Grand Prairie parks, recreation, entertainment and conference center facilities…” to add Former Fire Station 1, 321 E. Main Street, the Epic, 2960 Epic Place, and Epic Waters, 2970 Epic Place.
OVERVIEW:
The proposed amendment to Section 11.12.1 is intended to allow hotels with restaurants or bistros with walk-up services the ability to sell alcohol in a manner similar to stand alone restaurants with walk-up service. Currently only those hotels with full-service restaurants with more than 2,500 gross square feet and 150 seats are allowed to sell alcohol. Hotels proposing to sell alcohol would need to meet the definition of walk-up service restaurant as found in Article 30 of the Unified Development Code. Other provisions of Article 11.12.1 would remain unchanged, including the requirement for conference facilities and the “no charge” service allowance.
In Section 11.12.1.I, the proposed amendment would add the Former Fire Station 1, 321 E. Main Street, the Epic, 2960 Epic Place, and Epic Waters, 2970 Epic Place to the list of City facilities in which alcohol sales are allowed as an incidental use.
The proposed amendment to Section 8, Exhibit 5 would add four species of palm trees to the City’s list of recommended tree species. These trees have been recommended by the City’s arborist as being appropriate for the North Texas climatic region. Currently, palm trees can be planted on residential and non-residential properties, but they do not count towards required landscaping or as credit for existing trees under Section 8.7.3.
RECOMMENDATION:
The Development Review Committee recommends approval of the noted amendments to the Unified Development Code.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING ARTICLE 8: “LANDSCAPING AND SCREENING” AND ARTICLE 11, “PERFORMANCE STANDARDS” OF THE UNIFIED DEVELOPMENT CODE, ESTABLISHED BY ORDINANCE NUMBER 4779, PASSED ON NOVEMBER 20, 1990; TO AMEND THE LIST OF RECOMMENDED VARIETIES OF LARGE AND MEDIUM TREES AND TO AMEND REGULATIONS AND REQUIREMENTS TO ALLOW THE SALE AND CONSUMPTION OF ALCOHOL WITHIN HOTELS, CASINO RESORT HOTELS, AND MOTELS WITH AN ON-SITE, WALK-UP RESTAURANT AND WITHIN CERTAIN CITY-OWNED FACILITIES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL.
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, on August 21, 2017, a review and briefing was held by City Manager staff before the City Council Development Committee of the City of Grand Prairie, Texas for consideration of a proposal to initiate said amendments; 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 Article 8 “Landscaping and Screening” and Article 11 “Performance Standards” of 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 September 11, 2017, 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 8 to 0 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 o'clock P.M. on September 19, 2017 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 8 “Landscaping and Screening” and Article 11 “Performance Standards” 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, as follows:
Article 8: Landscaping and Screening
EXHIBIT 5 ‐ RECOMMENDED VARIETIES (LARGE AND MEDIUM TREES)
|
Common Name |
Botanical Name |
|
Fan Palm |
Washingtonia Filfera |
|
40’ Windmill Palm |
Trachycarpus Fortunei |
|
Jelly Palm |
Butia Capitata |
|
Mexican Palmetto |
Sabal Mexicana |
Article 11: Performance Standards
SECTION 12 - REQUIREMENTS FOR ON-PREMISE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES
E. Allowed as an incidental use in hotels, resort casino hotels and motels equipped with meeting and conference facilities and a full-service, on-site restaurant or a walk-up, on-site restaurant (as defined in Article 30 “Restaurant - Full Service” and “Restaurant - Walk-up Service Only”), which meets the requirements of Article 11.12.1.A or B above. Delivery and/or service of alcoholic beverages by hotel, motel or restaurant employees to individual rooms or meeting areas or outdoor reception areas designated as such on the interior design plan required in Article 11.12.3.A below for on-premise consumption only shall be allowed. Delivery of alcoholic beverages to individual rooms or meeting areas by an off-premise provider is not allowed. For purposes of this Section, employees of a hotel, motel or restaurant shall include persons paid directly by the hotel, motel or restaurant, and persons paid directly by a company or firm under contract to hotel, motel or restaurant to provide food-catering services.
F. Alcoholic beverage service at no charge to guests of a hotel or motel with a minimum of 70 rooms shall be allowed as an incidental use in hotels and motels not equipped with a full-service, on-site restaurant or a walk-up, on-site restaurant (as defined in Article 30 “Restaurant - Full Service” and “Restaurant - Walk-up Service Only”) for no more than 4 hours in a 24-hour period in a designated common area such as a lobby or pool area. Delivery of alcoholic beverages to individual rooms or meeting areas by an off-premise provider is not allowed. Alcohol sales on the premise shall be prohibited.
I. Allowed as an incidental use at the following City of Grand Prairie parks, recreation, entertainment and conference center facilities except that the 70% food sales ratio described in Article 11.12.1.B above and the auditing requirements of Article 11.12.2 below shall not apply:
1. The Uptown Theater complex, 120 E. Main Street
2. The Farmers Market in downtown Grand Prairie's Market Square, 120 W. Main Street
3. The Ruthie Jackson Center, 3113 S. Carrier Parkway.
4. Minor league baseball stadium, 1600 Lone Star Parkway.
5. Lynn Creek Park, 5700 Lakeridge Parkway. (All grounds and facilities)
6. Loyd Park, 3401 Ragland Road. (All grounds and facilities)
7. Mike Lewis Park, 2600 block of North Carrier Parkway. (All grounds and facilities)
8. Turner Park, 600 N. Belt Line Road. (All grounds and facilities)
9. Waggoner Park, 2122 N. Carrier Parkway. (All grounds and facilities)
10. The Summit at Central Park, 2975 Esplanade.
11. Central Park, 2955 Esplanade. (All grounds and facilities)
12. Former Fire Station 1, 321 E. Main Street
13. The Epic, 2960 Epic Place.
14. Epic Waters, 2970 Epic Place.
SECTION 2
Article 8 “Landscaping and Screening” and Article 11 “Performance Standards” of the Unified Development Code, City of Grand Prairie, Texas, 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 any person, firm, association of persons, company, corporation, or their agents, servants, or employees violating or failing to comply with any of the provisions of this article shall be fined in an amount not to exceed two thousand dollars ($2,000.00), and each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative or 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 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 19th Day Of SEPTEMBER, 2017.
ORDINANCE NO. 10347-2017
CASE NO. TA170901