From
Chris Hartmann
Title
SU180302 - Specific Use Permit - Polo Adult Care (City Council District 1). Specific Use Permit request for an Adult Day Care Facility to operate in an existing commercial lease space located within the Hospital District. The property is platted as Medical Village, Block 1, Lot 11, generally located southeast of S. Great Southwest Parkway and W.E. Roberts Street. More specifically 601 S. Great Southwest Parkway, Suite 106. The property is zoned Hospital District (HD). The agent is Michael Stanley, EmJay Consult Group, the applicant is Augustine Fombon, and the owner is May Thanth, May Thanth Inc. (On March 5, 2018, the Planning and Zoning Commission recommended approval of this request by a vote of 7-0).
Presenter
David Jones, AICP, Chief City Planner
Recommended Action
Approved
Analysis
SUMMARY:
SU1780302 -Specific Use Permit -Polo Adult Care at 601 S. Great Southwest Parkway. (City Council District 1). A request to grant a Specific Use Permit for an Adult Day Care Center to operate in a commercial lease space located in the Hospital District. The 1,700 square foot lease space is located in an existing 12,000 square foot commercial strip center on .85 acre lot (Medical Village PH 2, Block 1, Lot 11R). The property is generally located at the southeast corner of S. Great Southwest Parkway and Sherman Street, more specifically 601 S. Great Southwest Parkway, Suite 106. The property is zoned Hospital District (HD) with Specific Use Permit 428 (SUP-428).
ADJACENT LAND USES AND ACCESS:
North - Zoned Commercial Office (CO) and developed as heavy commercial/service uses.
South - Zoned Hospital District (HD), developed as commercial uses.
East - Zoned Hospital District (HD) and developed as heavy commercial/service uses.
West - Zoned Hospital District (HD) and presently undeveloped.
PURPOSE OF REQUEST:
Article 4, UDC requires Specific Use Permit for all Adult Day Care Center uses.
CHARACTERISTICS AND FUNCTION:
Use:
The applicant seeks to operate an Adult Day Care Center in an existing 1,700 square foot commercial lease space, located in an existing 12,000 square foot commercial building (May Plaza). According to the applicant's Operational Plan (attached as Exhibit ), the business will operate from 8:00 AM to 6:00 PM, Monday thru Saturday. Three employees will supervise approximately 15 clients and provide adult day care activities (games, exercises, socializing).
The commercial space has been vacant for approximately one year. The applicant plans for minor anticipated interior remodeling but no expansion to the existing space, including entry/exist revision and restroom upgrades.
The property is located in the Hospital District and is uniquely located and zoned for Adult Day Care Center uses.
Access and Parking:
It is anticipated that transportation for clients to and from the facility shall be provided. The shopping center has existing commercial driveways located on S. Great Southwest Parkway and W.E. Roberts Street. Ten (10) spaces are being provided and designated for the Adult Center which exceeds the required parking (1 space per 10 attendees plus 1 space per employee).
Food and Beverage:
The applicant has stated no intention to provide food and beverage services at this time. Texas Department of State Health Services, Texas Food Establishment rules and local regulations shall apply in case food and beverage services are provided.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The subject property is designated as Commercial/Retail/Office on the Future Land Use Map (FLUM). An Adult Day Care Center use is consistent with the FLUM. In addition, this request for SUP for Adult Day Care Center is consistent with Objective 13, Policy 8; in support of facilities near the Hospital District that support compatible uses in the district’s 5-10 minute walk area.
RECOMMENDATION:
Development Review Committee recommends approval of the request subject to compliance with State and Local food service regulations regarding service of food and beverages.
Planning and Zoning Commission recommended approval by vote of 7-0
Body
AN ORDINANCE AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR A SPECIFIC USE PERMIT FOR AN ADULT DAY CARE, TO WIT: BEING LOT 11R, BLOCK 1, MEDICAL VILLAGE PHASE 2, TARRANT COUNTY, TEXAS, 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, the owners of the property described herein below filed application with the City of Grand Prairie, Texas, petitioning an amendment of the Zoning Ordinance and map of said city so as to amend the zoning designation of said site for a Specific Use Permit for an Adult Day Care; and;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on March 5, 2018, after written notice of such public hearing before the Planning and Zoning Commission on the proposed Specific Use Permit had been sent to owners of real property lying within 300 feet of the property on which the creation of Specific Use Permit for an Adult Day Care; is proposed, said Notice having been given not less than ten (10) days before the date set for hearing to all such owners who rendered their said property for City taxes as the ownership appears on the last approved City Tax Roll, and such Notice being served by depositing the same, properly addressed and postage paid, in the City Post Office; and
WHEREAS, after consideration of said application, the Planning and Zoning Commission of the City of Grand Prairie, Texas voted 7 to 0 to recommend approval to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to allow a Specific Use Permit for an Adult Day Care; 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 March 20, 2018 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 I.
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..."
and passed and approved November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit numbered 1041 for the property location described as follows:
601 S. Great Southwest Parkway, Suite 106 (May Plaza) also being described as being Lot 11R, Block 1, Medical Village Phase II, Tarrant County, Texas.
SECTION 2: Specific Use Permit
FOR OPERATION OF AN ADULT DAY CARE
1. As outlined within the Operational Plan contained within the Specific Use Permit Application File No. SU180302, and as more specifically stated and codified herein, the development shall adhere to the following operational standards:
A. All operations shall be conducted entirely on-site. The public right-of-way shall not be utilized for business activities;
B. Unloading spaces shall be provided as required by the Unified Development Code for day care facilities;
C. No overnight stays will be permitted;
D. Must be in compliance with TDSHS - Texas Food Establishment Rules and local ordinances regarding food service;
E. The site must maintain the minimum number of required parking for all uses as required by the Unified Development Code, as amended;
F. Must comply with all federal, state, and local laws;
G. Such establishment shall not accommodate individuals who pose a direct threat to the health, safety or welfare of themselves or others, and shall not constitute a halfway house, rehabilitation facility, or any other type of facility whereby individuals receive guidance or assistance in the transition from institutional care to normal social activities. Medical treatment or rehabilitative services shall not be provided in an Adult Day Care Center;
H. Must comply with any outstanding Development Review Committee comments for the Specific Use Permit found in File No. SU80302; and
2. Future expansions to this use will require the submittal of a revised site layout to the planning department.
SECTION 3: Compliance
All development must conform to the approved Development Plans, which are herein incorporated by reference.
1. By this SUP Ordinance, this Specific Use Permit shall automatically terminate if a Certificate of Occupancy is not issued for a Specific Use Permit for an Adult Day Care; within one (1) year after City Council adoption of this Ordinance, or upon cessation of the use for a period of six (6) months or more.
2. Furthermore, by this SUP Ordinance, the City Council shall conduct a public hearing one (1) year after City Council approval of the Site Plan 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 with other applicable regulatory requirements administered and/or enforced by the state and federal government.
3. The operation of this site 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.
4. 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.
5. 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
6. The Certificate of Occupancy shall note the existence of this Specific Use Permit by its SUP number and title.
SECTION 4.
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.
That 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 20st of March, 2018.
ORdinance no. 10445-2018
Specific use permit no. su180302
sup-1041