From
Chris Hartmann
Title
TA120901 - Text Amendment - Article 4, “Permissible Uses” and Article 30, “Definitions,” of the Unified Development Code. Approval of a Text Amendment to Article 4, "Permissible Uses," and Article 30, “Definitions,” of the Unified Development Code to amend Article 4, Permissible Use Charts, to add a section to Article 4 to address Correctional Facilities, to revise, clarify and amend Article 30 for definitions and cross references. The owner is the City of Grand Prairie Planning Department and the applicant is Mary Elliott, AICP. (On September 10, 2012, the Planning and Zoning Commission recommended approval of this request by a vote of 6-0.)
Presenter
Director of Plannng and Development Bill Crolley
Recommended Action
Approve
Analysis
SUMMARY:
Consideration of a request for the approval of a Text Amendment to Article 4, "Permissible Uses," and Article 30, “Definitions,” of the Unified Development Code to amend Article 4, Permissible Use Charts, to add a section to Article 4 to address Correctional Facilities, to revise, clarify and amend Article 30 for definitions and cross references.
OVERVIEW:
Amendments to Article 4, “Permissible Uses” and Article 30, “Definitions” of the Unified Development Code are being proposed by the Director of Planning and Development and the Planning Division. The following is a summary of the changes:
Ø Remove Central Business District-One (CBD-1), Central Business District-Two (CBD-2), Central Business District-Three (CBD-3), and Central Business District-Four (CBD-4) Overlays from Article 4, Permissible Use Charts, since the Use Charts were removed from these overlay districts. The Central Area (CA) District will remain.
Ø Revise the definition of Boarding Home in Article 30, “Definitions” to reflect House Bill 216, which was passed with the 81st Legislature, Regular Session, 2009. The language for the revised definition is from the “Texas Boarding House Model Standards” as created by the Health and Human Services Commission (HHSC) and incorporated into the Health and Safety Code Chapter 254, “Boarding Home Facilities.”
Ø Amend the Bail Bond use from Article 4, Permissible Use Charts to remove this use from the Central Area (CA) District. Add this use to the Heavy Commercial (HC), Light Industrial (LI), and Heavy Industrial (HI) Districts with Specific Use Permit approval.
Ø Add the Correctional Facilities and Halfway House uses to Article 4, “Permissible Uses” to require a Specific Use Permit for these uses in the Heavy Commercial (HC), Light Industrial (LI) and Heavy Industrial (HI) Districts with Specific Use Permit approval. Establish guidelines for these uses under Article 4, Section 13 “Correctional Facilities.”
Ø Amend the Air/Heliport use to allow this use by right in the Heavy Industrial (HI) District.
Ø Add cross references to Article 30, “Definitions” for uses that are categorized as sexually oriented businesses.
Ø Remove the references to sector plans in Article 30, “Definitions” for the Air Installation Compatible Use Zone (AICUZ), since it references the Northeast, DalView and South Central Sector Plans, which are no longer in use.
Ø Remove the cross references Article 30, “Definitions” for Dependent Mobile Homes, Independent Mobile Homes, Mobile Home Park, Mobile Home Subdivision Mobile Home and Dwelling since they reference Article 7 “Special Districts,” Section 4 “Mobile Parks/Subdivisions,” which has been removed from the Unified Development Code.
Ø Remove the definition of Group Home from Article 30, “Definitions.” Add a definition for Registered Group Homes that addresses residential care facilities that are licensed by the State of Texas.
After consideration of these amendments on July 10, 2012 by the City Council Development Committee, CCDC directed staff to initiate the preparation of an ordinance amending Article 4, “Permissible Uses” and Article 30, “Definitions” of the Unified Development Code for submittal to the Planning and Zoning Commission for a recommendation to the City Council.
RECOMMENDATION:
The Development Review Committee (DRC) recommends approval of the proposed amendments to Article 4, “Permissible Uses” and Article 30, “Definitions” of the Unified Development Code as depicted in the attached ordinance.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE PERMISSIBLE USE CHARTS AND ADDING A SECTION FOR CORRECTIONAL FACILITIES IN ARTICLE 4, “PERMISSIBLE USES,” OF THE UNIFIED DEVELOPMENT CODE; AND AMENDING, CLARIFYING AND ADDING DEFINITIONS, AND REMOVING CERTAIN CROSS REFERENCES IN ARTICLE 30, “DEFINITIONS,” OF THE UNIFIED DEVELOPMENT CODE, ESTABLISHED BY ORDINANCE NUMBER 4779, PASSED ON NOVEMBER 20, 1990; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A CUMULATIVE CLAUSE, A SAVINGS CLAUSE, AND A PENALTY CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE, APPROVAL AND PUBLICATION.
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 July 10, 2012, a review and briefing was held by the City Manager’s staff before the City Council Development Committee of the City of Grand Prairie, Texas for consideration of initiating said amendments to Article 4, “Permissible Uses,” and Article 30, “Definitions,” of the Unified Development Code; and
WHEREAS, after consideration of said amendments, the City Council Development Committee of the City of Grand Prairie, Texas directed the City Manager to initiate the preparation of an ordinance amending Article 4, “Permissible Uses,” and Article 30, “Definitions,” of 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 7:00 o'clock P.M. on September 10, 2012, 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 amendment, the Planning and Zoning Commission of the City of Grand Prairie, Texas voted 6 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 September 18, 2012, to consider the advisability of amending the Zoning Ordinance 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,” and Article 30, “Definitions,” of the Unified Development Code be amended to provide for the inclusion and exclusion of text affecting certain sections of said Section with the proposed additions of text being shown in shaded bold, italicized print, and deleted text being shown in shaded bold, italicized print, stricken out with a single line in Exhibit ‘A’ & ‘B’ incorporated herein by reference.
SECTION 2.
THAT all other provisions of Article 4, “Permissible Uses,” and Article 30, “Definitions,” of the Unified Development Code 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 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 five hundred dollars ($500.00), and each day any violation of noncompliance continues shall constitute a separate and distinct offense. 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 and as may be amended, may be exercised in enforcing this article whether or not there has been a complaint filed.
SECTION 6.
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 18th DAY OF SEPTEMBER 2012.
ORDINANCE NO. 9406-2012
CASE NO. TA120901