From
Chris Hartmann
Title
SU181004 - Specific Use Permit - 2625 W. Pioneer Parkway (City Council District 1). Specific Use Permit for a Billiard Room with 10 tables at Asia Times Square, 2625 W. Pioneer Pkwy., Suite 900. Lot 2, Sam's Properties Addition, City of Grand Prairie, Tarrant County, Texas, 13.71 acres zoned LI, Light Industrial and located at 2625 W. Pioneer Pkwy., Grand Prairie, Texas. The applicant is Peter Nguyen and the owner is Matthew Loh, LGSW Capital Investment. (On October 1, 2018, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0).
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
Specific Use Permit for a Billiard Room with 10 tables at Asia Times Square, addressed as 2625 W. Pioneer Pkwy., Suite 900. Lot 2, Sam's Properties Addition, City of Grand Prairie, Tarrant County, Texas, 13.71 acres zoned LI, Light Industrial and located at 2625 W. Pioneer Pkwy., Grand Prairie, Texas.
ADJACENT LAND USES AND ACCESS:
North - LI, Light Industrial District, developed as business park
East - LI, Light Industrial and PD-350 (Retail Commercial), developed as gas station and restaurant
South - LI, Light Industrial District, undeveloped
West - City of Arlington zoning, developed as used auto dealer
PURPOSE OF REQUEST:
The applicant proposes to operate a 10-table billiard parlor within a lease space at Asia Times Square. Per the applicant’s operational plan, the hours of operation will be 8am-midnight, Monday-Sunday. The attached floor plan depicts a game area dimensioned at approximately 30 feet x 80 feet (2,400 square feet) and a vestibule and bar area approximately 30 feet x 30 feet (900 square feet). The applicant’s intention is to utilize the space both for pay-by-the-hour daily play and for hosting tournaments.
The applicant has met with the Grand Prairie Police Department and will utilize on-site security monitoring and cameras at each table and outside the facility.
RECOMMENDATION:
Staff recommends approval of this Specific Use Permit subject to the following conditions:
1. That the Specific Use Permit be reviewed six months from the date of occupancy to determine compliance.
2. That the rear exit and storage closet be configured to allow clear passage from the billiard room to the exit.
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 A BILLIARD PARLOR AT ASIA TIMES SQUARE, 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 a Billiard Parlor; and;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on October 1, 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 8 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 a Billiard Parlor; 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 October 16, 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 for the property location shown in Exhibit A - Location Map and described as follows:
2625 W. Pioneer Parkway (Spur 303), Suite 900, being described as Lot 2, Sam's Properties Addition, City of Grand Prairie, Tarrant County, Texas, 13.71 acres zoned LI, Light Industrial.
SECTION 2.
THAT, FOR OPERATION OF A BILLIARD PARLOR:
1. As outlined within the Floor Plan attached herein as Exhibit B - Floor Plan, and the Operational Plan attached herein as Exhibit C - Operational Plan, and as more specifically stated and codified herein, the development shall adhere to the following operational standards:
a. Must comply with all federal, state, and local laws;
b. Hours of operation shall not extend beyond midnight;
c. Operation shall be limited to ten tables;
d. Must comply with any outstanding Development Review Committee comments for the Specific Use Permit found in File No. SU181004 including and especially any requirements related to life safety and emergency egress.
2. Future expansions to this use, including, but not limited to, the addition of billiard tables, or food service, will require the submittal of a revised site layout to the Director of Development Services or designee. The Director at his or her sole discretion shall determine whether a change to the layout is significant enough to allow for administrative approval or if it will require approval by City Council.
SECTION 3.
THAT 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 a Billiard Parlor; within one (1) year after City Council adoption of this Ordinance, or upon the complete cessation of the use for a period of six (6) months or more.
2. Within six (6) months after issuance of a Certificate of Occupancy for a Billiard Parlor, this Specific Use Permit shall be brought before the City Council for review of operations and compliance. If it is found that the operator is not in compliance with the conditions of this Specific Use Permit or has received one or more citations for non-compliance with the terms herein or any other applicable city, state, or federal law, the Council shall have the authority to suspend or terminate this Specific Use Permit upon a recommendation from the Planning and Zoning Commission and a public hearing called for the purpose of suspending or terminating this Specific Use Permit.
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 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.
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 16th of OCTOBER, 2018.
ORDINANCE NO. 10553-2018
SPECIFIC USE PERMIT NO. 1062
CASE NO. SU181004