From
Chris Hartmann
Title
TA200402 - Text Amendment - Amend Article 4 and Article 30 of the Unified Development Code to establish a definition of and to establish regulations for commissary or central food processing facility. On April 13, 2020, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0.
Presenter
Savannah Ware, AICP, Chief City Planner
Recommended Action
Approve
Analysis
PURPOSE OF REQUEST:
The purpose of this request is to add “commissary” to the use charts and definitions in the City’s Unified Development Code (UDC).
PROPOSED DEFINITION:
Commissary: A specialized food establishment other than a restaurant, grocery, or other food-related businesses listed as Manufacturing in Article 4, typically with no retail storefront or public dining area, that has the capabilities of cooking, cooling, reheating, preparing, stocking, storing, and replenishing food items for off-premise sale or consumption. Includes Commissary as defined in Sec. 13-236 of the Code of Ordinances.
PERMISSIBLE USE:
Staff proposes that Commissary be allowed in the following zoning districts.
*A Commissary is allowed by right in the General Retail (GR) and Commercial (C) Districts if the following conditions are met:
1. The commissary building, including attached freezer, shall not exceed 8,000 sq. ft.
2. The commissary shall be used for centralized food prep for a single restaurant or entity.
3. The commissary shall not be used as a shared kitchen for multiple restaurants, mobile food units, or entities.
4. Overnight parking of mobile food units or food trucks is prohibited.
5. Maintenance, repair, or washing of mobile food units or trucks is prohibited on site.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING ARTICLE 4, “PERMISSIBLE USES”; AND ARTICLE 30, “DEFINITIONS” OF THE UNIFIED DEVELOPMENT CODE, ESTABLISHED BY ORDINANCE NUMBER 4779, PASSED ON NOVEMBER 20, 1990; TO CREATE DEFINITIONS AND REGULATIONS FOR THE OPERATION OF COMMISSARY; 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 or City Council Development Committee directing the City Manager or designee to initiate such a request on behalf of the City, or by the initiative of the City Manager or designee.”, and
WHEREAS, the Office of the City Manager directed 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 April 13, 2020, 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 April 21, 2020 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 amended, with proposed additions of text being shown in underlined print, and deleted text being shown with a single line strikethrough:
9 Refer to Article 4, Section 17.1
SECTION 17 - Commissary
4.17.1 Commissaries located in the General Retail (GR) District and Commercial (C) District must comply with the following conditions.
a. The building or tenant space, including an attached freezer, shall not exceed 8,000 sq. ft.
b. The commissary shall be used for centralized food prep for a single restaurant or entity.
c. The commissary shall not be used as a shared kitchen for multiple restaurants, mobile food units, or entities.
d. Overnight parking of mobile food units or food trucks is prohibited on site.
e. Maintenance, repair, or washing of mobile food units or food trucks are prohibited on site.
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, Article 30, “Definitions” of the Unified Development Code, City of Grand Prairie, Texas, be amended, with proposed additions of text being shown in underlined print, and deleted text being shown with a single line strikethrough:
Commissary: A specialized food establishment other than a restaurant, grocery, or other food-related businesses listed as Manufacturing in Article 4, typically with no retail storefront or public dining area, that has the capabilities of cooking, cooling, reheating, preparing, stocking, storing, and replenishing food items for off-premise sale or consumption. Includes Commissary as defined in Sec. 13-236 of the Code of Ordinances.
SECTION 4 THAT Sections of Article 30 “Definitions” 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 5 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 6 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 7 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 8 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 21st DAY OF APRIL, 2020.
ORDINANCE NO. 10829-2020
CASE NO. TA200402