From
Chris Hartmann
Title
SU200301 - Specific Use Permit - 2045 N Hwy 360, Ste. 250A, Victoria Grace Events (Commissioner Fisher/City Council District 1). A request for a Specific Use Permit to allow for an Event Center. Located at 2045 N Highway 360, Suite 250A, legally described as Lot 2, Block 6, Heather Ridge Addition, City of Grand Prairie, Tarrant County, zoned LI, Light Industrial. The applicant is Amadyn Nwabuisi, Victoria Grace Events. (On March 9, 2020, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0).
Presenter
Savannah Ware, AICP, Senior Planner
Recommended Action
Approve
Analysis
SUMMARY:
Specific Use Permit to operate an Event Center. Located at 2045 N Highway 360, Suite 250A, legally described as Lot 2, Block 6, Heather Ridge Addition, City of Grand Prairie, Tarrant County, zoned LI, Light Industrial.
PURPOSE OF REQUEST:
The applicant intends to use a vacant tenant space on the second floor of an existing strip mall, and in the IH-360 Corridor. Event Centers require Specific Use Permit (SUP) oversight in allowing City Council’s determination as to the appropriateness of its setting in conjunction with neighboring properties and surrounding land uses.
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 |
LI |
Gas Station, Quick Serve Restaurant, Hotel |
|
South |
PD-27, MF-2 |
Apartments |
|
East |
LI |
Office, Restaurant, Hotel |
|
West |
MF-3 |
Apartments |
HISTORY:
• March 8, 1987: City Council approved a site plan for the shopping center.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The subject property is designated as Commercial, Retail, Office on the Future Land Use Map (FLUM). An Event Center use is consistent with the FLUM.
PROPOSED USE CHARACTERISTICS AND FUNCTION:
Building & Site: The tenant space is 6,874 sqft located on the second floor of the shopping center on 4.01 acres, and zoned LI Light Industrial.
The building and property complies with Unified Development Code (UDC) standards with respect to exterior materials, building setbacks and other development standards. The site has direct access via three existing ingress/egress drives from the access road of Hwy 360, a shared access drive via neighboring property to the east, and two additional direct access drives from Heather Ridge Lane.
Use:
In accordance with the operational plan, the business will host weddings and birthday parties. The Victoria Grace Event Center will operate with the following hours of operation:
• (Office Hours) Tuesday- Friday 11 AM to 5 PM
• (Event Hours) Saturday- Sunday 5 PM to 1 AM
• (Event Hours) Sunday 3 PM to 9 PM
Food & Beverage:
The event center will allow food warming, and licensed caterers to serve events. The center may have BYOB, so long as they are in compliance with TABC licenses and regulations.
Parking:
|
Table 2: Parking Calculation |
|
|
Shopping Center |
Victoria Grace Events |
|
Required Spaces |
274 |
88 |
|
Total Provided |
227 |
69 |
|
Shortage |
47 |
19 |
The shopping center has 227 parking spaces for 13 tenants. The event center will require 1 space per 4 seats, requiring 88 spaces, however, 69 are being provided. It should be noted, that the shopping center is already short parking, and the event center will be short 19 spaces.
EXCEPTIONS OR APPEALS:
The applicant is requesting a parking variance to reduce the minimum parking requirement of 88 to 69, and a variance to hold events until 1 am.
RECOMMENDATION:
The Development Review Committee recommends approval with the following conditions:
1. Hours of Operation limited to 12:00 AM.
2. For any event at which alcohol is present, at least one (1) uniformed, state-licensed security guard qualified under Chapter 1702 of the Texas Occupations Code shall be physically present for the duration of the event, and during the disbursement of guests following the event, to ensure the orderly departure of guests after the event is over. For any event at which more than 150 persons are to attend, at least two (2) uniformed, state-licensed security guard qualified under Chapter 1702 of the Texas Occupations Code shall be present for the duration of the event, and during the disbursement of guests following the event, to ensure the orderly departure of guests after the event is over. It shall be the responsibility of the permit holder to provide state-licensed security guard when required.
On March 9, 2020, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE ZONING ORDINANCE AND MAP BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY TO GRANT A SPECIFIC USE PERMIT FOR AN EVENT CENTER WITHIN THE LIGHT INDUSTRIAL DISTRICT, TO WIT: BEING, 4.10 LOT OF LAND PLATTED AS LOT 2, BLOCK 6, HEATHER RIDGE ADDITION, TARRANT COUNTY, GRAND PRAIRIE, TEXAS; SAID ZONING ORDINANCE AND MAP BEING NUMBERED ORDINANCE NUMBER 4779 AND PASSED ON NOVEMBER 20, 1990; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY UNDER THE PROVISIONS OF SECTION 1-8 OF THE CODE OF ORDINANCES OF THE CITY OF GRAND PRAIRIE; 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 include a Specific Use Permit for an Event Center in the Light Industrial (LI) District; and;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on March 9, 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 creation of a Specific Use Permit for an Event Center in the Light Industrial (LI) District 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 8 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to allow a Specific Use Permit for an Event Center in the Light Industrial (LI) District; 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 P.M. on March 17, 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..."
and passed and approved November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit numbered for the property located as shown in attached Exhibit A - Location Map and legally described as follows:
BEING LOT 2, BLOCK 6, HEATHER RIDGE ADDITION, TARRANT COUNTY, GRAND PRAIRIE, TEXAS.
SECTION 2. SPECIFIC USE PERMIT
For operations of a Specific Use Permit for an Event Center in the Light Industrial (LI) District, the following standards and conditions are hereby established as part of this ordinance:
1. All operations must conform to Exhibit B - Floor Plan, Exhibit C - Operational Plan as approved by City Council under case number SU200301.
2. Any zoning, land use requirements and restrictions not contained within this specific use permit ordinance shall conform to those requirements specified within the Light Industrial (LI) District as adopted and amended in the Unified Development Code (UDC). Where there is a conflict between the UDC and this ordinance, unless explicitly contained in this ordinance, the more restrictive shall prevail.
3. The operator must maintain compliance with State regulations and local ordinances for food service operations.
4. No on-site food preparation is allowed. Kitchen is to be utilized for pre-cooked and catering services only.
5. For the purpose of this Specific Use Permit the definition of an Event Center can be understood as (but not limited to): An indoor establishment that is regularly rented out, for a limited time period, for special events such as business meetings, seminars, birthday parties, weddings, family events, and small banquet events.
6. The Event Center may include only indoor areas for operational use. No functions are to be held outside other than on-site parking and loading/unloading of goods used in conjunction with authorized events.
7. The Event Center may not function as a restaurant, bar, nightclub, or other establishment allowing admittance to the general public other than customer visits by appointment that are directly related to events authorized under Section 2.5.
8. The applicant may allow the person(s) renting the room to have alcohol on a BYOB basis in accordance with TABC provisions, as defined in the Alcoholic Beverage Code of the State of Texas.
9. All events with up to 150 patrons attending, a licensed security guard must be present for the duration of the event and to ensure the orderly departure of guests after the event is over. For events exceeding 150 patrons, two (2) licensed security guards will need to be present for the duration of the event and until 1 am to ensure the orderly departure of guests after the event is over.
10. The Event Center must meet all relevant safety requirements prescribed by the City of Grand Prairie and the State of Texas.
11. The hours of operation for the Event Center will be Tuesday through Friday, 11:00 am to 5:00 pm, Saturday through Sunday 5 pm to 12 am, and Sunday 3 pm to 9 pm.
12. The Event Center shall be used for organized group assemblies only, and shall not be used for single admission type events involving a cover charge entrance fee for individuals not associated with the organized group assembly.
13. The Event Center must meet all relevant Building and Fire Code requirements.
SECTION 3. COMPLIANCE
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. Furthermore, by this Ordinance, the City Council shall conduct a public hearing six (6) months after City Council approval of this Specific Use Permit to confirm compliance with all applicable codes which shall include, but not be limited to, the requirements of this Ordinance, the Unified Development Code, the City of Grand Prairie Code of Ordinances, city adopted building codes, city adopted fire codes and with other applicable regulatory requirements administered and/or enforced by the state and federal government. Two or more violations of this ordinance during any six (6) month period shall be grounds for revocation of Certificate of Occupancy and SUP for Event Center uses.
3. It shall be unlawful for the owner, manager, or any person in charge of a business which is the subject matter of this Ordinance to violate the conditions of the Specific Use Permit imposed by the City Council.
4. 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.
5. The Certificate of Occupancy shall note the existence of this Specific Use Permit by its number and title.
6. 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.
7. Any unsafe or unauthorized operations or activities may be determined as grounds for revocation of the Specific Use Permit by the City Council.
SECTION 4.
That all ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 5.
That a violation of this Ordinance shall be a misdemeanor punishable in accordance with Section 1-4 of the Code of Ordinances of the City of Grand Prairie, Texas.
SECTION 6.
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 7
That the terms and provisions of this Ordinance are severable and are governed by Section 1-8 of the Code of Ordinances of the City of Grand Prairie, Texas.
SECTION 8
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 17th of March, 2020.
ordinance no. 10822-2020
specific use permit no. 1086
case no. su200301