From
Chris Hartmann
Title
TA141001 - Text Amendment - Permissible Uses. Consider a request for the approval of a Text Amendment to modify Section 14, “Use Charts” of Article 4: Permissible Uses of the Unified Development Code to amend the zoning districts where the use, Auto Glass (Repair and Tint), is a permitted by right or by specific use permit. The owner/applicant is James Hinderaker, Planning Division, City of Grand Prairie. (On October 6, 2014, the Planning and Zoning Commission recommended approval of this request by a vote of 7-0.)
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approval
Analysis
SUMMARY:
Consider a request for the approval of a Text Amendment to modify Section 14, “Use Charts” of Article 4: Permissible Uses of the Unified Development Code (UDC) to amend the zoning districts where the use, Auto Glass (Repair and Tint), is a permitted by right or by specific use permit.
DISCUSSION:
On August 18, 2014, the City Council Development Committee (CCDC), following an agenda item discussion on the matter, directed staff to prepare an ordinance for review and consideration by City Council amending Section 14, “Use Charts” of Article 4: Permissible Use of the UDC to include Auto Glass (Repair & Tint) as a Permitted Use by right within the Commercial (C) District.
The impetus for the CCDC discussion and recommended action was the inability of the property owner of 3018 E. Main Street to open an auto glass repair shop because the said use was not allowed either by right or with an approved specific use permit in the Commercial (C) District. CCDC noted that the prohibition of auto glass (repair and tint) uses in the Commercial (C) District didn’t make any sense when the use is currently allowed, with an approved specific use permit, in the General Retail (GR), Commercial One (C-1) District, and Central Area (CA) Districts, which are all considered less intense zone district categories than the Commercial (C) District. CCDC also noted that Section 3.3.6 of Article 3 of the UDC states that the Commercial (C) District is intended to provide suitable areas for the development of medium intensity commercial uses, such as automotive related services. They also noted that a number of other auto related uses, that are arguably more intense in nature, are allowed either by right or with a specific use permit in the Commercial (C) District.
The City utilizes the 1997 edition of the North American Industry Classification System (NAICS) to define all uses contained within Section 14 “Use Charts” of Article 4; Permissible Uses of the UDC. The NAICS is the industry classification system produced by the Executive Office of the President Office of Management and Budget to compare statistical data of industries. The NAICS code number for Auto Glass (Repair and Tint), the use category name within the UDC, is 811122. The NAICS name for code number 811122 is Automotive Glass Replacement Shop which is defined as follows: “This U.S. industry comprises establishments primarily engaged in replacing, repairing, and/or tinting automotive vehicle, such as passenger car, truck, and van, glass.”
AMENDMENT:
Below is a summary of the proposed inclusion of Auto Glass (Repair and Tint) as a Permitted Use in the Commercial (C) District. No other changes to the Use Chart are proposed.
A draft ordinance amending Section 14, “Use Charts” of Article 4: Permissible Uses of the UDC is attached.
RECOMMENDATION:
The Development Review Committee (DRC) recommends approval of the proposed amendment to Section 14, “Use Charts” of Article 4: Permissible Use of the UDC as provided in the attached draft ordinance.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING SECTION 14, “USE CHARTS” OF ARTICLE 4: PERMISSIBLE USES OF THE UNIFIED DEVELOPMENT CODE, ESTABLISHED BY ORDINANCE NUMBER 4779, PASSED ON NOVEMBER 20, 1990; TO ESTABLISH AUTO GLASS (REPAIR AND TINT) AS A PERMITTED USE WITHIN THE COMMERCIAL (C) DISTRICT; 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, on August 18, 2014, 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 an amendment to establish auto glass (repair and tint) as a permitted use within the Commercial (C) District; 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 Section 14, “Use Charts” of Article 4: Permissible Uses of the Unified Development Code to establish auto glass (repair and tint) as a permitted use within the Commercial (C) District 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 7:00 o'clock P.M. on October 6, 2014, 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 7 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 October 14, 2014 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 Section 14, “Use Charts” of Article 4: Permissible Uses of the Unified Development Code, City of Grand Prairie, Texas, be and are amended to include Auto Glass (Repair and Tint) as a permitted use within the Commercial (C) District.
SECTION 2
THAT all other provisions of the Code of Ordinances and Article 4: Permissible Uses of the Unified Development Code, not included in this amendment, shall remain in full force and effect, save an 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 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 5
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 6
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 7
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 14th Day Of October, 2014.
ORDINANCE NO. 9787-2014
CASE NO. TA141001