From
Chris Hartmann
Title
SU160603 - Specific Use Permit - 2315 W. Jefferson Street (City Council District 1). Approval of a request for a Specific Use Permit (SUP) allowing for a multi-purpose special event center to operate within an existing building that was formally occupied by the Hi-Ho Ballroom. The 2.142-acre property, located at 2315 W. Jefferson Street and within the Central Business District No. 1 (CBD-1), is zoned Commercial (C) District. The property is located south of W. Jefferson and west of SW 23rd Street. The Applicant is Jessie Aguilar. (On June 6, 2016, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
SUMMARY:
Approval of a request for a Specific Use Permit (SUP) allowing for a multi-purpose special event center to operate within an existing building that was formally occupied by the Hi-Ho Ballroom. The 2.142-acre property, located at 2315 W. Jefferson Street and within the Central Business District No. 1 (CBD-1), is zoned Commercial (C) District. The property is located south of W. Jefferson and west of SW 23rd Street.
ADJACENT LAND USES AND ACCESS:
North: Adjacent to the subject property to the northwest is bar, zoned Commercial Office (CO) District, operating as The Ritz. The Magic Carpet Club bar that is located in the same building as The Ritz is now formally closed and can no longer reopen as a bar. To the northeast of the property is a drive-through restaurant, zoned General Retail (GR) District, operating as Lisa’s Chicken. Directly north of the subject property is W. Jefferson Street, Union Pacific Rail Road, and Main Street. The two roadways are classified as P6D (principal arterial, six-lane, divided) roadways according to Article 23, “Master Transportation Plan,” of the Unified Development Code. North of the public roads is a mix of commercial and industrial development zoned Commercial (C) District and Light Industrial (LI) District.
South: Directly south of the subject property is a multi-family apartment complex, operating as the Clayton Mark Apartments. The northern most building of the complex is zoned Commercial (C) District and Commercial Office (CO) District. The balance of the multi-family development is zoned Multi-Family One (MF-1) District.
East: Directly east of the subject property is SW 23th Street, a two-lane local roadway. Farther east is a single-family detached residential development zoned Single-Family Four (SF-4). The nearest home is approximately 150 feet from former Hi-Ho Ballroom. To the northeast, at the southeast corner of W. Jefferson and SW 23th Street, is the Christ Apostolic Church. The closest point of the church is located approximately 200 feet from the closest point of the former Hi Ho Ballroom.
West: Directly west and southwest of the property are two vacant tracts of land that are undeveloped portions of the property occupied by The Ritz and Magic Carpet Club. Farther west is another vacant tract of land at the southeast corner of W. Jefferson Street and Royal Avenue. West of Royal Avenue is an industrial development operating as Arlington Stamping. To the southwest of two vacant tracts associated with the The Ritz and Magic Carpet Club is a single-family detached residential development zoned Single-Family Four (SF-4). The nearest home is approximately 335 feet from former Hi-Ho Ballroom
PURPOSE OF REQUEST:
The applicant is requesting approval of a specific use permit (SUP) to operate a multi-purpose special event center in the Commercial (C) zoning district. According to the applicant, events such as: weddings, quinceañeras, anniversaries, reunions, fund raisers, corporate events, Chamber of Commerce events, school banquets, trainings, church or social gatherinsg and similar uses will be held at this location. A multi-purpose special event center is permissible in the C zoning district with City Council approval of the SUP request.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
Parking and Access
The 2.142-acre subject property is developed with a 22,161-square foot building and a 184-space asphalt parking lot. Access to the property will come from existing driveways on W. Jefferson Street and SW 23th Street. No changes to the existing access or circulation of the property are proposed. The minimum parking requirements for a special event center is one parking space per every three persons based on the maximum occupancy load of the building. Occupancy loads are based on a number of factors. For example, similar uses with non-fixed seating allow for 1 person for every 15 square feet. Under this scenario, the maximum occupancy of the building is 1,477 persons (22,161 sq. ft./15 sq.ft.). The minimum parking under this scenario is 493 parking spaces (1,477 persons/3 persons). The property has 184 parking spaces, which is clearly not sufficient parking to handle the full occupancy capabilities of the building. To address this issue, the applicant has agreed to limit the total occupancy of the building based on the available parking (184 parking spaces x 3 persons per parking space = 552 persons maximum occupancy load).
SUP Operation
The statement of operation indicates the space would be rented out for special events (e.g.: weddings, quinceañeras, anniversaries, reunions, fund raisers, corporate events, Chamber of Commerce events, school banquets, trainings, church or social gatherinsg and similar uses.). Per the information submitted, the event center would have the following hours of operation:
- Monday through Sunday 5:00 p.m. to 2:00 a.m.
- Day Time Events dependent on client needs.
The business owner characterizes her business as a family business. She stated that it is her intent to close the existing bar located within the building and to closely monitor the property to ensure that it is a safe environment for all staff and special event attendees. She and her family propose to staff the events. The statement of operations contains the following information:
- No on-site food preparation will occur. The events will be catered.
- Alcohol will be “bring your own” (BYOB).
- Hi-Ho will contract Texas Alcohol Beverage Commission (TABC) Servers.
- Security Officers will be on-site for all events as needed.
The Development Review Committee paid great attention to the occupancy load for the proposed use. The seating in the suite is not fixed. The tables and chairs will be arranged according to the needs of the event. Since the existing building does not have a sprinkler system, Staff reviewed the historical occupancy permitted in the suite. The historical occupancy load was greater than what the applicant wished to have. As a result, the occupancy load was capped at 552 persons, which meet the needs of the business owner and does not exceed the parking capacity of the property.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map of the 2010 Comprehensive Plan shows this area as appropriate for commercial, retail, and office uses. Multi-purpose event center uses are in conformance with the 2010 Comprehensive Plan.
ZONING REQUIREMENTS
Dimensional Requirements
The subject site is zoned Commercial (C) District and is within District 1 of the Central Business District Overlay (CBD-1). Multi-purpose special event centers are permissible in the C District with City Council approval of an SUP. The proposal meets all applicable minimum dimension requirements for the C zoning district. The following table provides detailed dimensional requirements information.
|
Standard |
Required (ft.) |
Provided (ft.) |
Meets (ft.) |
|
Front Yard |
25 |
Approx. 110 |
Yes |
|
Rear yard |
0 |
Approx. 105 |
Yes |
|
Side Yard |
10 |
Approx. 25 west/105 east |
Yes |
Landscape
The adopted Unified Development Code requires 10% of the site to be landscaped. The existing building was constructed in 1959, prior adoption of the current UDC. The site development is existing non-conforming. There is no landscape on site. No additional landscape is proposed with this request.
Central Business District Overlay
The Central Business District (CBD) Overlay indicates that future land uses in District 1 will be manufacturing, distribution, and warehousing. The event center is not a prohibited use in the CBD-1 district and it is compatible commercial and industrial uses in the area.
REQUESTED APPEALS BY APPLICANT:
No appeals are being requested by the applicant.
RECOMMENDATION:
The DRC recommends approval of the request for a Specific Use Permit to operate a multi-purpose special event center, also known as a special event center, subject to the following conditions:
1. All operations shall conform to the site plan as approved by City Council under case number SU160603.
2. Operator of Special Event Center shall maintain compliance with State regulations and local ordinances for food service operations.
3. No on-site food preparation shall be allowed. Food service areas shall be utilized for catering services only.
4. For the purpose of this Specific Use Permit, the definition of a Special Event Center shall be understood as: An indoor establishment that is regularly rented out, for a limited time period, for special events such as birthday parties, retirement parties, weddings, anniversaries, meetings and banquet events.
5. The Special Event Center shall only be used for organized group assemblies. The center shall not be open to the general public or require a per person admission charge.
6. As deemed necessary and per city standards, the parking lot shall be re-surfaced and/or re-striped. Prior to all work, the owner/operator shall submit plans to Building Inspections for departmental approval.
7. The Special Event Center shall include only indoor areas for operational use.
8. The Special Event Center shall not function as a restaurant, bar or nightclub.
9. The applicant may allow the person(s) renting the room to “bring their own bottles” (BYOB) in accordance with TABC provisions, as defined in the Alcoholic Beverage Code of the State of Texas.
10. A uniformed, state-licensed security guard shall to be present for any event that exceeds 20 people, and which occurs after or extends past 5 p.m. to the conclusion of the event.
11. The Special Event Center shall meet all relevant safety requirements prescribed by the City of Grand Prairie and the State of Texas.
12. The maximum occupancy load of 552 persons shall be posted in the building per City standards.
13. An inspection shall be performed by the Fire Dept. prior to the issuance of a certificate of occupancy to confirm compliance.
14. The property address shall be posted on the building per City ordinance.
15. Fire lanes shall be painted per City Ordinance.
16. As deemed necessary by the Fire Department, Knox box locks shall be installed on building.
17. The hours of operation for the Special Event Center shall be Monday through Sunday, 6:00 a.m. to 2:00 p.m.
18. The Special Event Center shall comply with the City Noise Ordinance.
19. The Special Event Center shall comply with all state and local laws regarding dance floor, food, solid waste and alcohol.
20 A DUMPSTER ENCLOSURE SHALL BE PROVIDED: A 12 x 12 dumpster enclosure area must meet City of Grand Prairie requirements. Dumpster must be in an area that allows easy accessibility to garbage trucks. Show city specifications. See the unified development code, reference article 8 for dumpster screening fences.
21. The operation of the facility shall be in strict compliance with all requirements of the Environmental Services Department, Building Inspections, Police Department and Fire Administration.
22. Any unsafe or unauthorized operations or activities shall be deemed as sufficient grounds for revocation of this Specific Use Permit by action the City Council.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE ZONING ORDINANCE AND MAP BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY TO GRANT A SPECIFIC USE PERMIT FOR A SPECIAL EVENT CENTER IN THE COMMERCIAL (C) DISTRICT, TO WIT: BEING A PORTION OF A 2.142 ACRE TRACT OF LAND OUT OF THE TAPLEY HOLLAND SURVEY, ABSTRACT 750, TRACT 6C01, TARRANT COUNTY, AND BEING ADDRESSED AS 2315 W. JEFFERSON STREET, GRAND PRAIRIE, 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 property to obtain a Specific Use Permit for a Special Event Center in the Commercial (C) District; and;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on June 6, 2016, 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 Specific Use Permit for a Special Event Center in the Commercial (C) District 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 9 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to add a Specific Use Permit for a Special Event Center in the Commercial (C) District; 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 21, 2016, 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 1.
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 997 for the property as shown in attached Exhibit B - Location Map and as legally described as follows:
Being a portion of a 2.142 acre tract, described Tract 6c01 out of the Tapley Holland Survey, Abstract 750 Tarrant County, Grand Prairie, Tarrant County, Texas and being addressed as at 2315 West Jefferson Street, Grand Prairie, Texas.
SECTION 2. STANDARDS AND CONDITIONS
For operations of a Specific Use Permit for a Special Event Center in the Commercial (C) District, the following standards and conditions are hereby established as part of this ordinance:
1. The development shall maintain compliance with all Federal, State and Local regulations; including, but not necessarily limited to, all applicable standards and regulations of the Grand Prairie Municipal Code and Unified Development Code.
2. Any zoning, land use requirements and restrictions not contained within this specific use permit ordinance shall conform to those requirements specified in the Commercial (C) District as adopted and amended in the Unified Development Code (UDC). Where there is a conflict between the UDC and this ordinance, unless explicitly contained in this ordinance, the more restrictive shall prevail.
3. The development shall adhere to the City Council approved Exhibit A- Site Plan.
4. For the purpose of this Specific Use Permit, the definition of a Special Event Center shall be understood as: An indoor establishment that is regularly rented out, for a limited time period, for special events such as birthday parties, retirement parties, weddings, anniversaries, meetings and banquet events.
5. The Special Event Center shall only be used for organized group assemblies. The center shall not be open to the general public or require a per person admission charge.
6. As deemed necessary and per city standards, the parking lot shall be re-surfaced and/or re-striped. Prior to all work, the owner/operator shall submit plans to Building Inspections for departmental approval.
7. The Special Event Center shall include only indoor areas for operational use.
8. The Special Event Center shall not function as a restaurant, bar or nightclub.
9. Alcohol sales are prohibited.
10. The applicant may allow the person(s) renting the room to “bring their own bottles” (BYOB) in accordance with TABC provisions, as defined in the Alcoholic Beverage Code of the State of Texas.
11. No on-site food preparation shall be allowed. Food service areas shall be utilized for catering services only.
12. A uniformed, state-licensed security guard shall to be present for any event that exceeds 20 people, and which occurs after or extends past 5 p.m. to the conclusion of the event.
13. The Special Event Center shall meet all relevant safety requirements prescribed by the City of Grand Prairie and the State of Texas.
14. The maximum occupancy load of 552 persons shall be posted in the building per City standards.
15. An inspection shall be performed by the Fire Dept. prior to the issuance of a certificate of occupancy to confirm compliance.
16. The property address shall be posted on the building per City ordinance.
17. Fire lanes shall be painted per City Ordinance.
18. As deemed necessary by the Fire Department, Knox box locks shall be installed on building.
19. The hours of operation for the Special Event Center shall be Monday through Sunday, 6:00 a.m. to 2:00 p.m.
20. The Special Event Center shall comply with the City Noise Ordinance.
21. The Special Event Center shall comply with all state and local laws regarding dance floor, food, solid waste and alcohol.
22. A DUMPSTER ENCLOSURE SHALL BE PROVIDED: A 12 x 12 dumpster enclosure area must meet City of Grand Prairie requirements. Dumpster must be in an area that allows easy accessibility to garbage trucks. Show city specifications. See the unified development code, reference article 8 for dumpster screening fences.
23. The operation of the facility shall be in strict compliance with all requirements of the Environmental Services Department, Building Inspections, Police Department and Fire Administration.
24. Any unsafe or unauthorized operations or activities shall be deemed as sufficient grounds for revocation of this Specific Use Permit by action the City Council.
SECTION 3. Compliance
All development must conform to the approved Site Plan labeled as Exhibit ‘A’, which is herein incorporated by reference.
1. By this Ordinance, this Specific Use Permit shall automatically terminate in accordance with Section 5.4.1 of the Unified Development Code if a Certificate of Occupancy is not issued for said use within one (1) year after City Council adoption of this Ordinance, or upon cessation of said use for a period of six (6) months or more.
2. Furthermore, by this Ordinance, the City Council shall conduct a public hearing one (1) year after City Council approval of this Specific Use Permit to confirm compliance with all applicable codes which shall include, but not be limited to, the requirements of this 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. 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.
4. 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.
5. The Certificate of Occupancy shall note the existence of this Specific Use Permit by its number and title.
SECTION 4.
It is further provided 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.
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.
DULY PASSED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, ON THIS THE 21st Day OF JUNE, 2016
Ordinance No. 10084-2016
Specific Use Permit No. 997
Case No. SU160603