From
Monica Espinoza, Executive Assistant
Title
TA201001 - Text Amendment - Appendix O - Hospital District. Text Amendment to Appendix O: Hospital District of the Unified Development Code to add "Funeral Home" to the list of permissible uses. (On October 26, 2020, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0).
Presenter
Savannah Ware, AICP, Chief City Planner
Recommended Action
Approve
Analysis
PURPOSE OF REQUEST:
The purpose of this request is to add “Funeral Home” to the list of permissible uses in Appendix O: Hospital District. The Hospital District is located immediately east of the common corporate boundary line for the City of Grand Prairie and the City of Arlington, south of Sherman St. The purpose of the Hospital District is to create a single area in which the physical and mental health needs of the citizenry can be accommodated in a comprehensive fashion with support facilities that complement the health care land uses. On October 26, 2020, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0.
This request will add “Funeral Home” to Section 7.3.3: Permitted Principal Uses.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING APPENDIX O, “HOSPITAL DISTRICT” OF THE UNIFIED DEVELOPMENT CODE, ESTABLISHED BY ORDINANCE NUMBER 4779, PASSED ON NOVEMBER 20, 1990, TO ADD FUNERAL HOME TO THE LIST OF PERMISSIBLE USES IN THE HOSPITAL DISTRICT; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY 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 or City Council Development Committee directing the City Manager or designee to initiate such a request on behalf of the City, or by the initiative of the City Manager or designee”; and
WHEREAS, the Office of the City Manager directed 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 October 26, 2020, 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 P.M. on November 17, 2020 to consider the advisability of amending 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 7.3.3 of Appendix O, “Hospital District” of the Unified Development Code, City of Grand Prairie, Texas, is hereby amended to read as follows:
"7.3.3 Permitted Principal Uses:
In the (HD) Hospital District no land shall be used and no building shall be erected for or converted to any use other than:
A. Medical care facilities - hospitals with their related and supportive facilities operated by or under the control of said hospital for the convenience of their patients, staff, and visitors.
B. Health service facilities - clinics, doctors and dentists offices, offices of supportive specialists such as physical, audio and speech therapy, podiatry and psychological testing and counseling; dental, medical, and optical laboratories and blood banks; ambulance dispatch and airlift stations; prescription pharmacies; offices, stores, and display rooms for the sale and rental of medical supplies and equipment.
C. Scientific or research laboratories.
D. Accessory buildings incidental to principal or ancillary land uses.
E. Off-street parking incidental or main use.
F. Churches.
G. Funeral Home.
SECTION 2. That Appendix O of the Unified Development Code of the City of Grand Prairie, Texas, as amended, shall be and remain in full force and effect save and except as amended by this Ordinance and 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 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 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, and 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. 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. 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 17TH DAY OF NOVEMBER, 2020.
ORDINANCE NO. 10939-2020
CASE NO. TA201001