From
Chris Hartmann
Title
TA200401 - Text Amendment - Amend Article 4 and Article 30 of the Unified Development Code to update the definition of and to establish regulations for variety stores, small-format grocery stores, and dollar stores. (On April 27, 2020, the Planning and Zoning Commission recommended approval of this request by a vote of 7-2). (On May 11, 2020, the Planning and Zoning Commission recommended denial of this request by a vote of 8-0).
Presenter
Savannah Ware, AICP, Chief City Planner
Recommended Action
Approve
Analysis
OVERVIEW:
Staff is proposing regulations regarding small format retail or grocery stores, often known as "dollar stores." These stores are typically less than 12,000 square feet and offer a selection of groceries and home goods that are more limited than a full-service grocery store. Typically, these stores have little or no fresh produce, no fresh meat, no bakery, and no pharmacy. Food items are typically canned or frozen. Due to their small format and low prices, these stores, with some exceptions, are built in neighborhood settings away from freeway interchanges and larger anchored developments or power centers.
In the past few years, several cities around the United States, including cities in the DFW area, have passed regulations that limit the ability of these stores to cluster near other such stores, and that require a minimum square footage of fresh produce (fruits and vegetables). This text amendment will add similar regulations to the Unified Development Code (UDC).
HISTORY:
• January 24, 2020: Staff mailed a letter to dollar store operators notifying them of a public stakeholder meeting on February 13, 2020.
• February 4, 2020: Staff proposed for discussion regulations regarding dollar stores to the City Council Development Committee (CCDC).
• February 13, 2020: Staff held a stakeholder meeting with dollar store operators.
• March 3, 2020: Staff presented proposed UDC amendments to CCDC and CCDC recommended approval.
• April 27, 2020: Planning and Zoning Commission recommended approval (vote of 7-2) of text amendments that would allow variety stores by right as long as the proposed use is located more than 5,000 feet from another variety store and require a SUP for variety stores located closer than 5,000 feet.
• May 11, 2020: Staff brought the text amendment back to the Planning and Zoning Commission for clarification. The proposed text amendments prohibit variety stores if located within 5,000 feet of another variety store and requires an SUP if located more than 5,000 feet from another variety store. The Planning and Zoning Commission recommended denial by a vote of 8-0.
ARTICLE 30 - DEFINITIONS:
Variety Store: A retail store that sells a wide variety of relatively small and inexpensive novelty and household items, but does not typically offer for sale a large variety of fresh foods, does not typically include a pharmacy, and does not typically exceed 12,000 square feet in size.
ARTICLE 4 - PERMISSIBLE USES:
SECTION 16 - VARIETY STORES
4.16.1 Limits on Concentration
a. Variety stores are prohibited unless the proposed use is located more than 5,000 feet from another variety store.
b. If located at least 5,000 feet from another variety store, this use is permitted by Specific Use Permit (SUP) only.
c. In addition to the criteria for an SUP set forth in Article 5, when reviewing a request for SUP for a variety store use, the City Council shall consider:
1. Whether the proposed variety store will likely have a detrimental impact on the development of grocery stores and other businesses that sell fresh and healthy food items in the area to be served by the proposed use.
2. The availability of healthy food options in the area of the proposed use including the proximity of full-service grocery stores within one-half (½) mile of the proposed use and effect of the use on the retail food environment index as defined by the Centers for Disease Control and Prevention.
3. Whether the proposed use is within a food desert, as defined by the United States Department of Agriculture at the time of application.
d. An SUP approved under this section must stipulate that a minimum of ten percent of the floor area of the variety store must be dedicated to fresh produce, meat and dairy products.
e. Incidental outdoor display is prohibited at all variety stores.
f. A nonconforming variety store in existence on xxxx, may relocate on the same parcel or within the same shopping center that it currently exists without obtaining a SUP provided the nonconforming variety store has not been terminated as provided in Article 19, “Non-Conforming Development” and the use complies with all other applicable regulations.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING ARTICLE 4, “PERMISSIBLE USES”; AND ARTICLE 30, “DEFINITIONS” OF THE UNIFIED DEVELOPMENT CODE TO CREATE DEFINITIONS AND REGULATIONS FOR VARIETY STORES; 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 City's 2018 Comprehensive Plan establishes a healthy community as a guiding principle for the City of Grand Prairie; and
WHEREAS, improving the health of the community is a priority for the City of Grand Prairie; and
WHEREAS, access to services, recreational, health-related amenities, and healthy food, are key factors in public health; and
WHEREAS, there are food deserts in Grand Prairie where fresh fruit, vegetables, and other healthy whole foods are not accessible to the population; and
WHEREAS, variety stores tend to locate in food deserts; create them in areas in which they locate; discourage other retailers that offer a healthier mix of choices from locating or remaining near them; and offer mostly inexpensive, energy-dense, low-nutritive foods and beverages rather than fresh, nutritious food; and
WHEREAS, a good mix of retail food options has the potential to revitalize neighborhoods and commercial centers and improve access to a healthy diet, particularly for populations in underserved areas; and
WHEREAS, in furtherance of the guiding principle of a healthy community established by the City in its Comprehensive Plan, the City Council desires to promote access to healthy food options, particularly in underserved neighborhoods, by regulating variety stores
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, by adding "variety store" to the Use Chart under Retail and Commercial Uses, and designating the zoning districts in which they are permitted, as follows:
SECTION 2. That, Article 4, "Permissible Uses" of the Unified Development Code, City of Grand Prairie, Texas, be amended by adding a new Section 16, "Variety Stores," to read as follows:
"SECTION 16 - VARIETY STORES
4.16.1 Limits on Concentration
a. Variety stores are prohibited unless the proposed use is located more than 5,000 feet from another variety store.
b. If located at least 5,000 feet from another variety store, this use is permitted by Specific Use Permit (SUP) only.
c. In addition to the criteria for an SUP set forth in Article 5, when reviewing a request for SUP for a variety store use, the City Council shall consider:
1. Whether the proposed variety store will likely have a detrimental impact on the development of grocery stores and other businesses that sell fresh and healthy food items in the area to be served by the proposed use.
2. The availability of healthy food options in the area of the proposed use including the proximity of full-service grocery stores within one-half (½) mile of the proposed use and effect of the use on the retail food environment index as defined by the Centers for Disease Control and Prevention.
3. Whether the proposed use is within a food desert, as defined by the United States Department of Agriculture at the time of application.
d. An SUP approved under this section must stipulate that a minimum of ten percent of the floor area of the variety store must be dedicated to fresh produce, meat and dairy products.
e. Incidental outdoor display is prohibited at all variety stores.
f. A nonconforming variety store in existence on May 19, 2020, may relocate on the same parcel or within the same shopping center that it currently exists without obtaining a SUP provided the nonconforming variety store has not been terminated as provided in Article 19, “Non-Conforming Development” and the use complies with all other applicable regulations."
SECTION 3. 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 4. THAT, Article 30, “Definitions” of the Unified Development Code, City of Grand Prairie, Texas, be amended, by adding the definition of Variety Stores, as follows:
"Variety Store: A retail store that sells a wide variety of relatively small and inexpensive novelty and household items, but does not typically offer for sale a large variety of fresh foods, does not typically include a pharmacy, and does not typically exceed 12,000 square feet in size."
SECTION 5. THAT Sections of Article 30 “Definitions” 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 6. 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 7. 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 8. 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 9. 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 19th DAY OF MAY, 2020.
ORDINANCE NO. 10849-2020
CASE NO. TA200401