From
Monica Espinoza, Executive Assistant
Title
SU190703A - Specific Use Permit Amendment - tru by Hilton (City Council District 4). Amendment of a Specific Use Permit granted for a hotel use to a Specific Use Permit for a hotel use classified as a Midscale/Upper-Midscale Hotel. Lot 1, Block A, Hyatt Place Addition, City of Grand Prairie, Tarrant County, Texas, zoned PD-29, within the IH-20 Corridor Overlay District, and addressed as 2494 W Interstate 20. (On October 12, 2020, the Planning and Zoning Commission recommended approval of this request by a vote of 6-0).
Presenter
Savannah Ware, AICP, Chief City Planner
Recommended Action
Staff is unable to recommend approval of the request because it would cause the concentration of Midscale/Upper-Midscale Hotels to exceed the number allowed by the UDC.
Analysis
SUMMARY:
Amendment to a Specific Use Permit for a hotel. Lot 1, Block A, Hyatt Place Addition, City of Grand Prairie, Tarrant County, Texas, zoned PD-29, within the IH-20 Corridor Overlay District, and addressed as 2494 W Interstate 20.
PURPOSE OF REQUEST:
The hotel brand associated with the existing Specific Use Permit is classified as an upscale chain. The purpose of this request is to amend the existing Specific Use Permit to allow the applicant to construct a hotel classified as a midscale/upper-midscale chain.
ADJACENT LAND USES:
The following table summarizes the zoning designation and existing use for the surrounding properties.
|
Table 1: Adjacent Zoning and Land Uses |
|
Direction |
Zoning |
Existing Use |
|
North |
PD-353 |
Multi-Family Residential |
|
South |
PD-250 |
Commercial |
|
West |
PD-29 |
Hotel |
|
East |
PD-364 |
Restaurant (Texas Roadhouse) |
HOTEL REQUIREMENTS:
The Unified Development Code (UDC) classifies hotels as one of the following use types based on a hotel’s chain scale rating: Luxury Hotel, Upper-Upscale Hotel, Upscale Hotel, Upper-Midscale Hotel, Midscale Hotel, or Economy Hotel. Any hotel not classified in the listing of chain scale ratings shall be classified as an Independent Hotel.
Any site on which a hotel is proposed may not cause the concentration of similar hotels within a one-mile radius to exceed the number shown in the table below.
|
Table 2: Limits on Concentration of Hotels |
|
Hotel Classification |
Max. Number within 1 Mile |
|
Economy/Independent |
3 |
|
Midscale/Upper-Midscale |
4 |
|
Upscale/Upper-Upscale |
5 |
|
Luxury |
No Limitation |
Attachment i - Hotel Classification within 1 Mile shows the location and classification of existing hotels within one mile of the subject property. There are four existing Midscale/Upper-Midscale Hotels within one mile of the subject property. Constructing a new Midscale/Upper-Midscale Hotel would cause the concentration to exceed what is allowed.
|
Table 3: Hotels within One Mile |
|
|
Hotel Classification |
Max. Number within 1 Mile |
Existing Hotels |
|
Economy/Independent |
3 |
2 |
|
Midscale/Upper-Midscale |
4 |
4 |
|
Upscale/Upper-Upscale |
5 |
1 |
|
Luxury |
No Limitation |
0 |
VARIANCES:
1. The applicant is requesting a variance to the limit on the concentration of Midscale/Upper-Midscale Hotels within one mile.
RECOMMENDATION:
The Planning and Zoning Commission recommended approval by a vote of 6-0.
Staff is unable to recommend approval of the request because it would cause the concentration of Midscale/Upper-Midscale Hotels to exceed the number allowed by the UDC.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS AMENDING THE ZONING ORDINANCE AND MAP TO AMEND A SPECIFIC USE PERMIT GRANTED FOR A HOTEL USE TO A SPECIFIC USE PERMIT FOR A HOTEL USE CLASSIFIED AS A MIDSCALE/UPPER-MIDSCALE HOTEL: LOT 1, BLOCK A, HYATT PLACE ADDITION, CITY OF GRAND PRAIRIE, TARRANT COUNTY, TEXAS; 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; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
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 to amend a Specific Use Permit for a Hotel; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on October 12, 2020, 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 amendment of a Specific Use Permit for a Hotel 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 6 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to amend a Specific Use Permit for a Hotel; 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 3, 2020, 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 1. 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..."
passed and approved November 20, 1990, as amended, is hereby further amended so as to amend SUP-1079, a Specific Use Permit for a Hotel, on Lot 1, Block A, Hyatt Place Addition, City of Grand Prairie, Tarrant County, Texas, as depicted in Exhibit A - Location Map, attached hereto.
SECTION 2. That the purpose of this Ordinance is to provide the appropriate restrictions and development controls that ensure this Specific Use Permit is compatible with the surrounding development and zoning and to also ensure that the development complies with the City’s Comprehensive Plan and Unified Development Code.
SECTION 3. That for development of a Hotel, the following standards and conditions are hereby established as part of this ordinance:
1. City Council approval of an amending Site Plan, Landscape Plan, and Building Elevations is required.
2. As part of this SUP amendment, City Council grants a variance to the limit on the concentration of Midscale/Upper-Midscale Hotels within one mile of the subject location to allow the applicant to construct a hotel that is classified as a Midscale/Upper-Midscale Hotel.
SECTION 4. That the operations of a Hotel shall comply with the following:
1. By this Ordinance, this Specific Use Permit shall automatically terminate in accordance with Section 5.4.1 of the Unified Development Code if a building permit is not issued for said use within one (1) year after City Council adoption of this Ordinance, or upon cessation of said use for a period of six (6) months or more.
2. 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.
3. 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.
4. The Certificate of Occupancy shall note the existence of this Specific Use Permit by its number and title.
5. The operation of the facility shall be in strict compliance with all requirements of the Environmental Services Department, Building Inspections, Police Department and Fire Administration.
6. Any unsafe or unauthorized operations or activities may be determined as grounds for revocation of the Specific Use Permit by the City Council.
SECTION 5. That it is further provided that in the case a section, clause, sentence or part of this Ordinance shall be deemed or adjudicated by a court of competent jurisdiction to be invalid, then such invalidity shall not affect, impair or invalidate the remainder of this Ordinance.
SECTION 6. That a violation of this Ordinance is a misdemeanor punishable in accordance with Section 1-8 of the Code of Ordinances of the City of Grand Prairie, Texas. The penalty provided herein shall be cumulative of other remedies provided by State law, and the power of injunction as provided in Texas Local Government Code Section 54.016, as amended, may be exercised in enforcing this ordinance whether or not there has been a complaint filed.
SECTION 7. That the Unified Development Code of the City of Grand Prairie, as amended, shall be and remain in full force and effect save and except as amended by this Ordinance.
SECTION 8. That the terms and provisions of this Ordinance are severable and are governed by Section 1-4 of the Code of Ordinances of the City of Grand Prairie, Texas.
SECTION 9. That all ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 10. 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 3rd OF NOVEMBER, 2020.
ordinance no. #-2020
specific use permit no. 1079a
case no. SU190703A