From
Chris Hartmann
Title
TA191201 - Text Amendment - Hotel/Motel. An Amendment to various articles of the Unified Development Code to establish hotel and lodging definitions and classifications, and to establish standards for hotel development and redevelopment. The applicant is the City of Grand Prairie Planning Department. (On December 2, 2019, the Planning and Zoning Commission recommended approval of this request by a vote of 5-0).
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
Overview
The City has witnessed a recent increase in requests for hotels, particularly budget hotels and those offering extended stay accommodations. During deliberations regarding a Specific Use Permit request for a hotel on the north side of Interstate 20, the Planning and Zoning Commission and the City Council expressed concern regarding the number, concentration, and character of some proposed new hotels, particularly in the southern portion of the city.
Subsequently, staff was directed to prepare an ordinance updating and establishing zoning and land use guidelines for hotel development. The current regulations in the UDC simply define a hotel as transient lodging intended for patrons that do not stay longer than 30 days. There are no other requirements that a hotel provide amenities or addition features beyond what is required for any other commercial building, even though they are used for lodging members of the public. The current ordinance also requires an SUP only if a hotel is within an overlay, within 200 feet or residential, or within 900 feet of a similar use.
The ordinance proposed by staff draws from several best practices used by other cities to regulate hotels by means of a Chain Scale Rating, amenities and features requirements, and restrictions on concentration and separation distance between hotels. The ordinance also establishes an SUP requirement for hotels anywhere in the city. Any existing hotel that is abandoned or destroyed would be required to obtain an SUP prior to resuming operations or reconstruction.
Council Committee Recommendations
Staff presented these changes to the Public Safety, Health, and Environment Committee on November 4, 2019, and the City Council Development Committee on November 5, 2019. Both Committees recommended approval.
Planning and Zoning Commission Recommendation
At its December 2, 2019 meeting, the Planning and Zoning Commission voted 5-0 to recommend approval as presented, noting that they would like to see staff explore a comprehensive ordinance addressing short-term residential rentals (such as Airbnb).
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 DEVELOPMENT AND OPERATION OF LODGINING FACILITIES, INCLUDING HOTELS AND EXTENDED-STAY RESIDENCE HOTELS; 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 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 December 2, 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 December 17, 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 amended, with proposed additions of text being shown in underlined print, and deleted text being shown with a single line strikethrough:
SECTION 15 - LODGING FACILITIES
11.15.1 Chain Scale Rating
a. All new hotels, as well as those which are under construction on or after December 17, 2019, shall be classified as one of the following use types based on a hotel’s chain scale rating. In order to be classified as a Luxury Hotel, an Upper-Upscale Hotel, and Upscale Hotel, an Upper-Midscale Hotel, a Midscale Hotel, or an Economy Hotel, a hotel must be associated with a hotel brand rated at the corresponding scale level in the most recent listing of chain scale ratings published by STR, Inc. An Extended-Stay Residence Hotel is a subclassification of a hotel classified by chain scale rating.
1. If STR, Inc., ceases to publish chain scale ratings for hotels, another rating entity may be used by the Director of Development Services or designee. The “Average Daily Rate” shall be used when assessing the chain scale of hotels.
2, A franchise agreement or similar contract from a hotel brand must be provided to the Director of Development Services or designee, with enough information to ascertain compliance with this ordinance prior to issuance of any development permit associated with the hotel project.
3. A Certificate of Occupancy may only be issued for a hotel that is associated with a hotel brand rated with the appropriate chain scale rating above.
4. Any existing hotel not classified in the most recent listing of chain scale ratings published by STR, Inc., shall be classified as an Independent Hotel.
5. Except as provided in this Section, no Certificate of Occupancy shall be approved for a hotel that is not classified by a chain scale rating.
11.15.2 General Design Standards for All Hotels
The design standards of this section shall apply to all hotels.
a. Entry Features
1. The site shall be accessible from a public sidewalk and employ landscaping that is maintained in a healthy condition complementary to the streetscape and forming an entry feature with flowering perennial plants, seasonal color, or some combination.
2. All public building entrances shall incorporate arcades, roofs, alcoves, porticos, and awnings that protect pedestrians from the sun and inclement weather. This requirement shall not apply to loading areas.
3. Primary building entrances shall be defined and treated as a signature element of the building and articulated with architectural elements such as pediments, columns, porticos, and overhangs.
4. A porte-cochere or other covered area shall be provided immediately adjacent to the building entrance nearest the registration desk, with an area for temporary parking of at least two vehicles underneath the covered area for guests checking in and out.
5. All hotels shall provide at least one additional design element such as, but not limited to, a water feature, sculpture, or public art at the building entrance. Any such design element shall be constructed or fabricated to a size proportional to the primary building entrance.
b. Site Design
1. All landscaping shall be provided in accordance with this section, Article 8 - Landscaping and Screening, and Appendix F - Corridor Overlay District Standards, if applicable.
2. Pedestrian connectivity shall be provided between the parking area of the hotel and adjacent uses, such as restaurants or retail.
3. All outside equipment such as air conditioners, pool equipment, satellite dishes, etc., shall be screened from view by a masonry screening wall and landscaping. Individual portable window-mounted air conditioning units are prohibited. Packaged Terminal Air Conditioners (PTAC) are allowed.
4. Hotels shall conform to Crime Prevention Through Environmental Design (CPTED) principles by providing unobstructed visibility in all public areas, open space areas, and driveway entrances from public streets, driveway intersections, and parking lots. Building and site lighting shall be employed to create safe and secure public areas while illuminating only those areas for which lighting is designed, and shall be designed to reduce glare and not spill over to adjacent properties or uses.
5. Parking Lot Lighting. Parking lots shall have exterior lighting in all publicly accessible areas without needlessly lighting adjacent properties or developments. All lighting shall be controlled by a photocell or seasonally-adjusted timer switch. Lighting fixtures that have been identified as non-operable shall be repaired to an operable state within 72 hours.
c. Building Design
1. Access to guest rooms shall be restricted exclusively to interior corridors, with access exclusively from the main entrance of the building or through entryways individually equipped with some form of security-controlled access system.
2. The hotel operator shall install and maintain, in proper working order, surveillance cameras in each interior hallway and lobby/lounge area, in each parking area so as to provide visibility to all parking spaces on site, and at each exterior door. The cameras shall be placed to provide visibility to the exterior of the building. Monitors shall be provided for security and other hotel personnel so that on-site activities are viewable at all times. Surveillance cameras shall be in operation 24 hours a day and records of images recorded shall be kept a minimum of 30 days.
d. Amenities
1. All hotels shall contain amenities available for the use of all guests, including, but not limited to, the following:
Tier 1
(a) Wifi connectivity in all guest rooms and common areas;
(b) Daily in-suite trash and linen service for all guests;
(c) Lobby/waiting area with a minimum floor area of 2% of the overall building floor area;
(d) For hotels with up to 120 rooms, an indoor or outdoor pool with a water surface area of at least 3,000 square feet. For hotels with more than 120 rooms, an indoor or outdoor pool with a water surface area of at least 3,000 square feet;
(e) For hotels with up to 120 rooms, a fitness center measuring at least 500 square feet. For hotels with more than 120 rooms, a fitness center measuring at least 800 square feet;
(f) In-suite coffee and beverage facilities;
(g) Service of at least one meal per day;
Economy, Midscale, Independent, and Extended-Stay Residence Hotels shall provide all Tier 1 amenities.
Tier 2 (Must provide all Tier 1 amenities or equivalent)
(a) Lobby/waiting area with a minimum floor area of 3% of the overall building floor area;
(b) Outdoor park or landscaped common area measuring at least 5% of the overall building square footage. The common area shall contain one or more activation features such as sports and games, barbecue grills, shaded lounge areas, playground, pet walk, or similar active or passive recreation features;
(c) Service of at least one meal per day plus a snack bar or concessions area serving non-processed foods;
(d) At least 10,000 square feet of meeting space or other programmable space;
(e) One or more electric vehicle charging stations;
(f) Permeable pavement equivalent to 1 permeable space per ten (10) required spaces;
Items (b) and (c) are required for all Extended-Stay Residence Hotels. Midscale hotels shall provide at least one (1) Tier 2 amenity; Upper-Midscale hotels shall provide three (3) Tier 2 amenities; Upscale hotels shall provide all Tier 2 amenities.
Tier 3 (Must provide all Tier 1 and 2 amenities or equivalent)
(a) One or more full-service restaurants, as defined in Article 30, with direct access to the hotel lobby or shared interior corridor. Three meals must be served daily and room service must be made available to hotel guests;
(b) At least 20,000 square feet of meeting space or other programmable space;
(c) Retail space with a public storefront;
(d) Rooftop patio or common area with drink service. “Rooftop” is defined as a finished surface at least partially open to the sky above one or more habitable hotel floors;
(e) Corner rooms with windows providing for multiple viewing angles;
(f) Lobby with an indoor active water feature or substantial art feature, and an unobstructed ceiling height of at least 20 feet;
(g) Valet parking or structured parking available to all guests;
(h) Height of six (6) or more stories.
Upper-Upscale hotels shall provide item (h) and at least one (1) other Tier 3 amenity, Luxury hotels shall provide item (h) and at least three (3) other Tier 3 amenities.
e. Limits on Concentration of Hotels
Subject to Council approval, any site on which a hotel is proposed may not cause the concentration of similar hotels within a one (1) mile radius to exceed the following:
|
Hotel Classification |
Max number of hotels allowed within 1 mile |
|
Extended-Stay Residence Hotel |
2, or more than 250 rooms |
|
Economy/Independent |
3 |
|
Midscale/Upper-Midscale |
4 |
|
Upscale/Upper-Upscale |
5 |
|
Luxury |
No Limitation |
f. Loss of Nonconforming Status
1. If a nonconforming hotel use on a particular parcel shall cease operation for a period of more than 6 months, then such nonconforming use shall be deemed to be permanently abandoned and shall not be reinstituted on that parcel or any other parcel in any district which does not permit the discontinued use. For the purposes of this paragraph, to “cease operation” shall mean to intentionally abandon the nonconforming use. The temporary suspension of a use shall not constitute abandonment, provided the property is not used during the period of suspension for any other purpose. The preceding provision shall apply in all cases except those specified.
2. If (1) a non conforming hotel structure or (2) a structure occupied by a nonconforming hotel use is destroyed, it may not be rebuilt unless the structure or use is rebuilt in conformance to all the provisions of this Section 4.15. For purposes of this section, a structure is destroyed if it has suffered damage, neglect, disrepair, or impairment in excess of 50% of its reasonable value. If such a structure is not destroyed, reconstruction will be permitted, but the size or function of the nonconforming structure, or any nonconforming use occupying the structure, cannot be expanded.
SECTION 16 - USE CHARTS
|
FAMILY LIVING RESIDENTIAL |
SF-E |
SF-1 |
SF-2 |
SF-3 |
SF-4 |
SF-5 |
SF-6 |
SF-Z |
SF-A |
2F |
TH |
|
SHORT-TERM RESIDENTIAL RENTAL (Registration Required, See Building Official) |
|
|
|
|
|
|
|
|
|
|
|
|
RETAIL AND COMMERCIAL USES |
NAICS CODE |
MU |
O |
NS |
GR |
GR1 |
C |
C-1 |
CA |
HC |
LI |
HI |
|
HOTEL / MOTEL * |
721110 |
X |
|
|
X56 |
X56 |
X56 |
X56 |
X56 |
X56 |
X56 |
X56 |
|
LODGING FACILITY (Hotel, Including Extended Stay) (See Section 4.15) |
See Article 30 |
S |
S |
|
S |
S |
S |
S |
S |
S |
S |
|
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 additions of text to the "Definitions" section being shown in underlined print, and deleted text being shown with a single line strikethrough:
Hotel: Facility offering transient lodging accommodations to the general public and may provide additional services such as restaurants, meeting rooms, and recreation facilities. See “Lodging Facilities”
Lodging Facility: A commercial use consisting of units in a single building or associated group of buildings constructed and operated to an institutional standard, where lodging, one or more daily meals, cleaning, including trash services, and linen services are provided to transient visitors and guests for a defined period, typically on a “per night” basis. For the purposes of this definition, “transient” refers to a person or persons occupying any hotel for a period not exceeding thirty (30) consecutive days. Specific lodging use types include:
1. Hotel, Luxury: A building or group of buildings providing transient lodging accommodations to the general public for compensation, which is associated with hotel brands that are rated based on their average daily rate as “luxury” by STR, Inc., in its most recently published chain scale ratings for hotels in North America.
2. Hotel, Upper-Upscale: A building or group of buildings providing transient lodging accommodations to the general public for compensation, which is associated with hotel brands that are rated based on their average daily rate as “upper-upscale” by STR, Inc., in its most recently published chain scale ratings for hotels in North America.
3. Hotel, Upscale: A building or group of buildings providing transient lodging accommodations to the general public for compensation, which is associated with hotel brands that are rated based on their average daily rate as “upscale” by STR, Inc., in its most recently published chain scale ratings for hotels in North America.
4. Hotel, Upper-midscale: A building or group of buildings providing transient lodging accommodations to the general public for compensation, which is associated with hotel brands that are rated based on their average daily rate as “upper-midscale” by STR, Inc., in its most recently published chain scale ratings for hotels in North America.
5. Hotel, Midscale: A building or group of buildings providing transient lodging accommodations to the general public for compensation, which is associated with hotel brands that are rated based on their average daily rate as “midscale” by STR, Inc., in its most recently published chain scale ratings for hotels in North America.
6. Hotel, Economy: A building or group of buildings providing transient lodging accommodations to the general public for compensation, which is associated with hotel brands that are rated based on their average daily rate as “economy” by STR, Inc., in its most recently published chain scale ratings for hotels in North America.
7. Hotel, Independent: A building or group of buildings providing transient lodging accommodations to the general public for compensation, which is associated with hotel brands that are rated based on their average daily rate as “independent” by STR, Inc., in its most recently published chain scale ratings for hotels in North America.
8. Hotel, Convention: A building or group of buildings providing transient lodging accommodations to the general public for compensation, which is closely located to and associated by agreement with a Convention Center.
9. Extended-Stay Residence Hotel (Subclassification of Hotel): Any hotel as that term is defined herein that offers rental units for stays extending 30 consecutive days or more, or a multi-dwelling unit extended-stay lodging facility consisting of efficiency units or suites with a complete kitchen suitable for long-term (30 days or more) occupancy. Accessory use include meeting rooms, clubhouse, and recreation facilities intended for the use of residents and their guests. This definition shall not include other dwelling units as defined in the Unified Development Code. See Ch. 28, Sec. 10 - “Limitation on continuous and cumulative occupancy and use” of the Grand Prairie Code of Ordinances.
11. RV Park: See “Recreational Vehicle Park”
SECTION 4
THAT Article 30 “Definitions,” shall remain in full force and effect, save and except as amended by this Ordinance and 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 the terms of this Ordinance are severable and governed by Section 1-4 of the Code of Ordinances of the City of Grand Prairie, Texas.
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 a violation of this Ordinance is 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 as it may be amended, may be exercised in enforcing this Ordinance 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 17th DAY OF DECEMBER, 2019.
ORDINANCE NO. 10780-2019
CASE NO. TA191201