From
Chris Hartmann
Title
TA171101 - Text Amendment - Infant Changing Stations - Article 11: Performance Standards within the Unified Development Code - to add a section requiring infant changing stations at all full-service restaurants. The owner/applicant is The City of Grand Prairie. (On November 6, 2017, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0).
Presenter
David Jones, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
Article 11: Performance Standards within the Unified Development Code - to add a section requiring infant changing stations at all full-service restaurants.
OVERVIEW:
The proposed amendment to Section 11.15 is intended to require infant diaper changing stations in required public bathrooms at all newly-permitted “Full Service” restaurants as defined in Article 30.
RECOMMENDATION:
The Development Review Committee recommends approval of the noted amendments to the Unified Development Code.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING ARTICLE 11: PERFORMANCE STANDARDS BY REPLACING THE EXISTING SECTION 15 WITH A NEW SECTION 15 - “INFANT CHANING STATIONS AT FULL SERVICE RESTAURANTS” AND CREATING A NEW SECTION 16 - “DEFINITIONS”, OF THE UNIFIED DEVELOPMENT CODE ESTABLISHED BY ORDINANCE NUMBER 4779, PASSED ON NOVEMBER 20, 1990; SAID AMENDMENTS PROVIDE FOR 11.15.1 - REQUIREMENT FOR PROVIDING INFANT CHANGING STATIONS AT ALL RESTAURANTS DEFINED AS “FULL-SERVICE” IN THE CITY OF GRAND PRAIRIE; 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, the City Council Development Committee at its October 9, 2017 meeting directed staff to proceed with an ordinance amending the Unified Development Code to require infant changing stations in all “Full-Service Restaurants” as defined therein within the City of Grand Prairie.
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 6:30 o'clock P.M. on November 6, 2017, 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 November 21, 2017 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 11: Performance Standards of the Unified Development Code, City of Grand Prairie, Texas, be and are amended, with proposed additions of text being shown in underlined print as follows:
SECTION 15 -INFANT CHANGING STATIONS AT FULL-SERVICE RESTAURANTS
11.15.1 All “Full-Service Restaurants” (as defined in -Article 30 “Restaurant Full Service” <http://www.gptx.org/Modules/ShowDocument.aspx?documentid=540>) in the City of Grand Prairie shall provide a minimum of one (1) infant diaper changing station for the use of any customer in all required bathrooms in accordance with the most recent TAS and ADA standards. This requirement shall apply to all restaurants approved or permitted on or after January 1, 2018. Any such infant changing station found to be damaged, out of service, or inoperable for more than seven (7) days shall be considered a violation of this Code.
SECTION 16 - DEFINITIONS
Section 16 shall contain the same content found in Section 15 as it existed prior to the enactment of this ordinance.
SECTION 2
THAT all other provisions of Article 11: Performance Standards Requirements of the Unified Development Code, City of Grand Prairie, Texas, not included in this amendment, shall remain in full force and effect, 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
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 21st DAY OF NOVEMBER, 2017.
ORDINANCE NO. 10393-2017
CASE NO. TA171101