From
Chris Hartmann
Title
TA150602 - Text Amendment - Consider a request for the approval of a Text Amendment establishing Section 6.2.4: Outdoor Dining Areas within Appendix R: Central Business District No. 2 of the Unified Development Code. The proposed ordinance change would enable downtown restaurants to place outdoor seating areas on the public sidewalks that abut Main Street between NW 6th Street and Belt Line Road. The applicant is James Hinderaker, City of Grand Prairie Planning Division. (On June 1, 2015, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0.)
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approval
Analysis
At the direction of the City Council Development Committee, staff proposes an amendment the Grand Prairie Municipal Code to establish regulations that would enable downtown restaurants to utilize a portion of the public sidewalk in front of their restaurant as an outdoor dining area. The proposed outdoor dining area for restaurants is limited to those restaurants that are located within Central Business District No. 2 and that direct abut Main Street between NW 6th Street and Belt Line Road.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING APPENDIX R: CENTRAL BUSINESS DISTRICT NO. 2 OF THE UNIFIED DEVELOPMENT CODE, ESTABLISHED BY ORDINANCE NUMBER 4779, PASSED ON NOVEMBER 20, 1990; ESTABLISHING A PROVISION TO ALLOW A RESTAURANT LOCATED WITHIN A PORTION OF THE CENTRAL DISTRICT NO 2 TO SETUP AN OUTDOOR DINING AREA ON THE PUBLIC SIDEWALK; 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 December 2, 2014 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 an amendment to Appendix R: Central Business District No. 2 of the Unified Development Code to allow restaurants to setup outdoor dining areas on the public sidewalk; 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 Appendix R: Central Business District No. 2 of the Unified Development Code to allow restaurants to setup outdoor dining areas on the public sidewalk 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 7:00 o'clock P.M. on June 01, 2015, 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 9 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 June 16, 2015 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 Appendix R: Central Business District No. 2 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:
6.2 Central Business District Two (CBD 2): The following regulations must be met within Central Business District Two.
Historically the cultural core of Grand Prairie, CBD 2 includes the governmental campus of the City, large churches and commercial/retail land uses. Extending from SH 161 to Beltline Road, CBD Two is projected as a Mixed-Use area including residential units above retail and commercial uses (Exhibit B). CBD 2 includes a future passenger rail terminal as designated by the NCTCOG Regional Transportation Council at the northeast corner of SH 161 and Main Street.
6.2.1 The following uses are not authorized in CBD 2.
Sexually oriented businesses Flea Market
Outside sales Auto salvage/reclamation
Auto auction Used tire sales
Outdoor vehicle repair Self-service car wash
Hazardous chemical manufacture Petroleum refining
Batching plant (temp or permanent) Hazardous industrial use Open/outside storage Heavy Industrial uses
Vehicle sales (any type) Vehicle wash/repair (any type)
Bingo parlor Tattoo parlor
Amusement services (any type) Pawn shop
6.2.2 Mixed Uses:
CBD 2 allows both commercial and residential uses. Where a residential use occurs above a commercial use, the façade should differentiate between the two uses with architectural features, different window design, contrasting exterior surfaces, harmonizing colors or other subtle distinctions. The minimum area for a residential unit over a commercial/retail/office use is 650 square feet.
6.2.3 Outdoor Dining Areas:
1. Purpose
The purpose of this article is to enable downtown restaurants to provide outdoor seating to their patrons on the public sidewalk while providing unfettered through access to pedestrians.
2. Applicability
The provisions of this Article shall apply to all restaurant developments that:
a. are located within Central Business District No. 2;
b. direct abut Main Street between NW 6th Street and Belt Line Road; and
c. are not setback from the public right-of-way.
3. General Provisions
No person may own, set up or operate an outdoor dining area without first obtaining a permit. The Building Official is authorized to issue a permit for an outdoor dining area that extends no more than forty-two (42) inches beyond the property boundary adjacent to a public sidewalk. An outdoor dining area that extends more than forty-two (42) inches beyond the property boundary adjacent to a public sidewalk; includes placement of a fence, rope or similar structure, as is necessary for the serving of alcoholic beverages, or a canopy or similar structure on the sidewalk; or which is placed at a location other than immediately adjacent to the appurtenant building shall not be allowed without the owner or operator first obtaining a permit in the form of an encroachment agreement approved by City Council.
4. Minimum Standards for Outdoor Dining Area
Permit holders for outdoor dining areas and their employees shall meet the following:
a. The permit holder shall set up the outdoor dining area, including, but not limited to, the furniture, canopies, fencing and/or other accessories used for the outdoor dining area, only in the area designated by the city in the encroachment agreement or on the permit, specifically excluding roadways. The outdoor dining area shall not impede, endanger or interfere with pedestrian or vehicular traffic.
b. Furniture, canopies, fencing and/or other accessories used for the outdoor dining area shall be located so that a minimum clearance of 44 inches of unobstructed clearance within the pedestrian way, or the minimum required by the International Building Code, as amended, or the Americans with Disabilities Act, whichever is more restrictive, shall be provided at all times.
c. The permit holder shall provide proper containers or some other means for the collection of waste and trash within the outdoor dining area permitted. The permit holder shall keep the immediate area around the outdoor dining area and the outdoor dining area clean of garbage, trash, paper, cups, cans or litter associated with the operation of the outdoor dining area. All waste and trash shall be properly disposed of by the permit holder.
d. The permit holder shall comply with all city health and other applicable regulatory agency requirements, including, but not limited to, the requirements for food service. The permit holder shall display in a conspicuous location all such required permits and/or licenses and shall provide copies of those permits and/or licenses to the city prior to issuance of a permit for an outdoor dining area by the city. The permit holder shall continuously maintain the required approvals, permits and/or licenses and provide evidence to the city of the continuous maintenance of them.
e. The permit holder shall be responsible for the maintenance, upkeep and security of the furniture and accessories of the outdoor dining area and the city shall not be responsible for the same.
f. The permit holder shall not have on the premises any bell, siren, horn, loudspeaker or any similar device to attract the attention of possible customers nor shall the permit holder use any such device to attract attention.
g. Employees of the permit holder for the outdoor dining area shall not consume alcoholic beverages while working in the outdoor dining area.
h. For outdoor dining area where alcoholic beverages are served, the permit holder shall comply with all state and local regulations for the sale, possession and/or consumption of alcoholic beverages and shall provide the city with a copy of any and all required permits or licenses for the sale, possession and/or consumption of alcoholic beverages and the diagram and/or plans showing the location of the outdoor dining area which were submitted for the permit or license. In addition, the area where alcoholic beverages are sold, possessed and/or consumed must be effectively partitioned by rope, temporary fence, or other device designed and intended to separate the outdoor dining area from passersby.
i. The permit holder shall comply with the prohibitions on disturbing, annoying and unnecessary noises set forth in Article 13: Noise Restrictions of the Grand Prairie Municipal Code.
j. Design of the furniture and accessories for an outdoor dining area must be approved by the Economic Development Director prior to a permit being issued for their use in the Central Business District. The applicant must provide a photograph, drawing or sketch of the design of the furniture and accessories to be used for the outdoor dining area as part of the application for a permit.
k. Tables, chairs, ropes, fences and any other structure or item placed on the sidewalk must be removed from the sidewalk at the end of the business day, at business closure, or in the event of inclement weather, unless arrangements for assembly and storage of such items on a part of the sidewalk are approved in an encroachment agreement.
l. Cooking, food preparation or self-service food shall not be allowed in such outdoor dining areas.
6.2.3 6.2.4 Projection Signs:
Projection signs may be erected in Central Business District Two. The horizontal portion of any projecting sign shall not be more than six (6) feet in length measured from the building face and shall not be closer than two (2) feet from the back of the curb line. The height of the projection sign shall not exceed four (4) feet. Such signs shall be an integral part of the architectural design of the building. Vertical clearance shall be as shown below:
Vertical Clearance Maximum Projection
7 feet or less 3 inches
7 or 8 feet 12 inches
8 feet or more 4 feet
6.2.4 6.2.5 Architectural Guidelines:
New development sites within CBD 2 shall not be permitted unless integrated with other buildings within the area to maintain the functional and visual appearance of the dominant architectural style.
Buildings within CBD 2 shall be oriented toward the streets and pedestrian traffic in order to create a cohesive, pedestrian-oriented development plan. Building fronts and sidewalks may also be maintained for outdoor uses such as café's, restaurant seating, street side seating, etc. Parking areas may be located in the front, at the side, or rear of buildings to improve the overall appearance from the street.
6.2.5 6.2.6 Pedestrian Circulation Requirements:
Each lot within CBD 2 may provide on-site pedestrian facilities or public plazas or spaces that encourage pedestrian traffic on and to adjacent properties.
6.2.6 6.2.7 Parking Requirements:
The design and layout of parking within CBD 2 shall conform to the following standards to the maximum extent possible.
a. Parking areas shall be screened or landscaped and shall be designed to maintain and facilitate continuity of the street façade.
b. Unloading/drop-off areas shall be provided.
c. Changes in pavement or grade should be used to indicate pedestrian crossings.
d. Shared parking within the district will be considered on a case-by-case basis to reduce the overall amount of parking required. A reduction for shared parking shall be based on the following factors and shall in no case exceed a reduction of over 40 percent of the otherwise required parking:
1. The uses clearly have mutually exclusive hours of operation;
2. A secondary use drawing patrons from a primary use and not from the public at large (e.g., a shop selling sundries within a hotel);
3. The reductions in parking and the hours of operation are made part of the certificate of occupancy record for that use.
6.2.7 6.2.8 Paving Design:
In pedestrian areas, colored or textured concrete, modular paving units or other durable, visually interesting paving materials may be used. Pedestrian paving design shall be consistent between separate developments with CBD 2 to ensure design continuity.
6.2.8 6.2.9 Street Furnishings and Lighting:
Private new developments and expansions to existing developments within CBD 2 shall coordinate the selection and installation of street furniture and lighting with the standards selected by the City for the public areas adjacent to streets in order to maintain design continuity.
6.2.9 6.2.10 Uses requiring a Specific Use Permit shall be those specified in Article 4 of the Unified Development Code.
6.2.10 6.2.11 Non-conforming uses:
A non-conforming uses may be continued on a site indefinitely until the non-conforming use ceases for a minimum of six months or if more than 50% of the building's value is diminished by the damage. In the event of a casualty, in which no more than 50% of the value of the structure is damaged or destroyed, the structure(s) may be rebuilt. Non-conforming buildings with more than 50% of the building's value is diminished by the damage must be rebuilt to current standards.
6.2.11 6.2.12 Recommendations: The following elements are recommended in CBD 2.
New development/renovations in CBD 2 may incorporate design elements dating from the 1800's and early 1900's. Retail uses are preferred along Main Street with parking behind buildings. Roof lines featuring parapets, articulated cornice line, articulated ground floor levels, and strong corner treatments are a few of the design options. Exterior finishes should be utilized the classic base colors of the Texas environment; warm earth tones such as tan, ochre, beige and terra cotta.
A high quality durable base material, such as terra cotta, natural stone, cast stone, clay fired tile, or other approved masonry material is suggested for building facades abutting the sidewalk along Main Street. The base should be a minimum of 18 inches in height and appropriately proportioned and detailed for the façade of the building.
Signs on commercial buildings should fit within existing features of the building's façade and not detract from or hide significant architectural details of the building. Architecture associated with the construction between the 1880's and 1950's is appropriate for CBD Two along Main Street and Jefferson Street.
SECTION 2
THAT all other provisions of Appendix R: Central Business District No. 2 of the Unified Development Code, not included in this amendment, shall remain in full force and effect, save an 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
TAT 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 16th DAY OF JUNE, 2015.
ORDINANCE NO. 9875-2015
CASE NO. TA150602