From
Chris Hartmann
Title
TA190601 - Text Amendment - An Amendment to Article 4, Permissible Uses, of the Unified Development Code to add a clarification to the use tables relating to regulations governing the sale of prepackaged liquor for off-site consumption. (Planning and Zoning Commission voted 8-0 to recommend approval).
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
The purpose of this amendment is to add a clarification to Article 4 in response to the voter-approved ballot item allowing for the sale of all alcoholic beverages throughout the City. The proposed amendment would clarify the existing allowance of pre-packaged liquor sales permitted in the use charts found in Article 4 of the Unified Development Code. Current use charts allow the sale of beer, wine, and pre-packaged liquor for off-premise consumption in designated areas of the City, though the sale of pre-packaged liquor was not lawful until approved by voters in the recent special election. The proposed amendment would add a reference, within a parenthetical in the existing use chart, to the applicable provision of the NAICS classification system, to clarify that the existing use chart designation for "(Alcohol) Packaged Beer & Wine Sales for Off-Premise Consumption" is appliable for purposes of identifying where pre-packaged liquor sales for off-premise consumption is authorized within the City. The clarification will amend the use chart as indicated below:
|
RETAIL AND COMMERCIAL USES |
NAICS |
GR |
GR-1 |
C |
C-1 |
CA |
HC |
LI |
HI |
|
(ALCOHOL) PACKAGED BEER & WINE SALES FOR OFF PREMISE CONSUMPTION (See Section 4.8.6 and NAICS Classification Code 445310) |
445310 |
X |
X |
X |
X |
X |
X |
X |
X |
Recommendation:
DRC recommends approval.
At the May 6, 2019 Planning and Zoning Commission meeting, staff presented an amendment that included the word "liquor" along with the reference to packaged beer and wine in the lefthand cell of the proposed table. The Commission voted 8-0 to recommend approval. Upon further review, staff has removed the word liquor and added an additional reference to NAICS 445310, which defines alcohol sales as "(an) industry (that) comprises establishments primarily engaged in retailing packaged alcoholic beverages, such as ale, beer, wine, and liquor."
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING ARTICLE 4, “PERMISSIBLE USES” OF THE UNIFIED DEVELOPMENT CODE, ESTABLISHED BY ORDINANCE NUMBER 4779, PASSED ON NOVEMBER 20, 1990; TO ADD A CLARIFICATION TO THE EXISTING USE CHART PROVISION RELATING TO BEER, WINE, AND LIQUOR SALES FOR OFF-PREMISE CONSUMPTION IN DESIGNATED ZONING DISTRCTS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
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 behalf of the City or by the City Manager's own initiative”; and
WHEREAS, on May 13, 2019, a review and briefing was held by City Manager staff before the City Council Development Committee of the City of Grand Prairie, Texas for consideration of a proposal to initiate said amendments; and
WHEREAS, after consideration of said amendments, the City Council Development Committee of the City of Grand Prairie, Texas directed City Manager staff to initiate the preparation of an ordinance amending 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 6:30 P.M. on May 6, 2019, 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 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 May 21, 2019 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, the zoning category for "(Alcohol) Packaged Beer & Wine Sales for Off-Premise Consumption" as set forth in the Use Chart of Article 4 “Permissible Uses” of the Unified Development Code, City of Grand Prairie, Texas, is hereby amended to read as follows:
|
RETAIL AND COMMERCIAL USES |
NAICS |
GR |
GR-1 |
C |
C-1 |
CA |
HC |
LI |
HI |
|
(ALCOHOL) PACKAGED BEER & WINE SALES FOR OFF PREMISE CONSUMPTION (See Section 4.8.6 and NAICS Classification Code 445310) |
445310 |
X |
X |
X |
X |
X |
X |
X |
X |
SECTION 2
THAT, Article 4 “Permissible Uses” of the Unified Development Code, as amended, shall be and remain in full force and effect save and except as amended by this Ordinance, 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 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 and become effective immediately upon and after its passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS THE 21ST DAY OF MAY, 2019.
ORDINANCE NO. 10635-2019
CASE NO. TA190601