From
Chris Hartmann
Title
SU160202/S160201 - Specific Use Permit/Site Plan - 2478 W. Main St. (City Council District 1). Approve a specific use permit/site plan to construct a two-story motel. The1.08-acre property, located at 2478 W. Main Street, zoned Light Industrial, is within District 1 of the Central Business Overlay District. The agent is John Watson and the owner is Ajay Patel. (On May 2, 2016, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
SUMMARY:
Consider a request to approve a specific use permit/site plan to construct a two-story motel. The 1.08-acre property, located at 2478 W. Main Street, zoned Light Industrial (LI) District, is within District 1 of the Central Business Overlay District (CBD).
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Use |
|
North |
LI w/i CBD District 1 |
Light Industrial |
|
South |
Railroad |
|
East |
LI w/i CBD District 1 |
Light Industrial |
|
West |
PD-229-2 for LI uses w/i CBD District 1 |
Light Industrial |
PURPOSE OF REQUEST:
The applicant is proposing construction of a two-story-21,714-square-foot-43-unit independent motel on a 1.14-acre platted lot in the Light Industrial District. The subject site is currently zoned LI and is within District 1 of the Central Business Overlay District.
BACKGROUND:
On December 15, 2015, an application was submitted which requested approval to construct and operate a motel on the 1.14-acre property located at 2478 W. Main Street.
After multiple meetings with Staff the Development Review Committee cleared the project to move forward subject to conditions found in the recommendation section of this report.
On April 21, 2016, legal notice was mailed to affected property owners and notice of the upcoming public hearing was published in the Fort Worth Star Telegram.
On May 2, 2016, the item is scheduled to be heard by the Planning and Zoning Commission.
On May 17, 2016, the item is scheduled to be heard by the City Council.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map (FLUM) of the 2010 Comprehensive Plan designates this area as Commercial/Retail/Office (CRO) uses. The FLUM indicates Commercial/Retail/Office category should include office, neighborhood services, and general retail, commercial, and Planned Development districts with one or more of these uses. The proposed use is consistent with the FLUM designation.
UNIFIED DEVELOPMENT CODE ANALYSIS:
Motel Use
Motels are defined by the UDC as a “an establishment providing transient accommodations containing six or more rooms with at least 25% of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building, occupied by paying guests.”; with transient lodging being defined as, “lodging where tenancy is arranged for periods of less than 30 days.” Motels are permissible by-right in the LI district with approval of a site plan and a specific use permit if it is within 900 feet of a similar use or within a designated overlay district. The subject site is within the CBD Overlay District and is within 900 feet of the Tradewinds Motel and Tradewinds Motel Annex so a specific use permit will be required.
Dimensional Requirements
The proposal meets all applicable minimum dimension requirements outlined in UDC. The following table provides an evaluation of the proposal against the LI District dimensional requirements.
|
Standard |
Required |
Provided |
Meets |
|
Minimum Site Area |
15,000 s.f. |
49,615 s.f. |
Yes |
|
Minimum Lot Width |
100 ft. |
235 ft. |
Yes |
|
Minimum Lot Depth |
150 ft. |
196 ft. |
Yes |
|
Front Yard |
25 ft. |
25 ft. |
Yes |
|
Rear Yard |
0 ft. |
7.5 ft. |
Yes |
|
Maximum Height |
50 ft. |
30.5 ft |
Yes |
|
Maximum F.A.R. |
1:1 |
0.44:1 |
Yes |
Parking and Access
Hotel and motels in the City are parked at a ratio of one space per rooming unit plus four. The proposal would allow 43 guest rooms (rooming units) which would require 47 parking spaces.
The site plan graphically depicts 47 parking spaces. The parking requirement has been met.
Direct Access to N.W. 25th Street and Main Street have been provided.
Elevations
The Central Business District is not subject to the provisions contained in Appendix F of the UDC. The Unified Development Code requires 85% of the building façade to be masonry (e.g.: brick or stone). The resultant area (total area per façade minus openings (windows and doors) from the top plate to the ground) must be have a minimum of 85% brick or stone to meet the UDC requirement.
|
Façade |
Resultant Area |
Required Area |
Provided Area |
Masonry % Required |
Masonry % Provided |
Meets |
|
Building I |
|
North |
3,346 s.f. |
3,280 s.f. |
2,844 s.f |
85% |
81% |
No |
|
South |
4,355 s.f. |
3,702 s.f. |
3,707 s.f. |
85% |
85% |
Yes |
|
East |
550 s.f. |
468 s.f |
450 s.f. |
85% |
82% |
No |
|
West |
529 s.f. |
450 s.f. |
429 |
85% |
81% |
No |
|
Façade |
Resultant Area |
Required Area |
Provided Area |
Masonry % Required |
Masonry % Provided |
Meets |
|
Building II |
|
North |
957 s.f. |
813 s.f. |
783 s.f |
85% |
82% |
No |
|
South |
825 s.f. |
701 s.f. |
650 s.f. |
85% |
79% |
No |
|
East |
2,913 s.f. |
2,476 s.f |
2,339 s.f. |
85% |
80% |
No |
|
West |
4,252 s.f. |
3,614 s.f. |
3,653 s.f. |
85% |
86% |
Yes |
Landscape
The subject site is governed by the UDC requirements are as follows:
|
Standard |
Required |
Provided |
Meets |
|
Minimum Landscape Area (4% 49,615 s.f.) |
1,985 s.f. |
14,721s.f. |
Yes |
|
Sidewalks |
N.W. 25th Street Main Street |
Provided Provided |
Yes Yes |
|
Street Trees: 1 tree/25 - 50 l.f. |
N.W. 25th Street - 4 Main Street - 5 |
N.W. 25th Street - 3 Main Street - 6 |
No Yes |
|
Trees: 1/500 s.f. required landscape |
4 |
8 |
Yes |
|
Parking Lot Trees: 1 tree/20 parking spaces |
3 |
3 |
Yes |
|
Shrubs: 1/50 s.f. required landscape |
40 |
117 |
Yes |
|
All trees are minimum 3 in. caliper |
3 inch |
All required trees are 3 caliper inches |
Yes |
The landscape plan is one tree deficient from meeting the minimum requirements of the UDC. Staff is recommending the plan be amended to include one street tree along N.W. 25th Street prior to approval of approval of the mylars. With this condition, the plan will meet all minimum landscape requirements of the UDC.
REQUESTED EXCEPTIONS AND APPEALS:
No exceptions or appeals have been requested as part of this proposal.
RECOMMENDATION:
Staff recommends approval subject to the following conditions:
1. Prior to approval of the mylars, the landscape plan shall be revised to depict one street tree on N.W. 25th Street.
AMENDED STAFF RECOMMENDATION:
On May 17, 2016, due to concerned raised by the Police Chief Dye, the City Council tabled action on this specific use permit request until the Council's June 7, 2016 Public Hearing. Based on input from Chief Dye, staff recommend denial of the specific use permit request for the following reasons:
1. The crime rate, specifically related to prostitution and illegal narcotics, within the surrounding neighborhood of the subject property is very high.
2. The existing motels within the surrounding neighborhood of the subject property are known by the Grand Prairie Police Department to be locations where illicit activities, including prostitution and illegal drug sales and use, are occurring.
3. Because these existing motels largely operate as a cash business, criminals are able to anonymously use the individual motel rooms as a base of operation.
4. While the proposed motel will be brand new construction, the motel does not offer typical amenities (e.g. indoor hallways and access to rooms, pool, exercise room, concierge service, lounge, restaurant, etc.) that are in demand by business or vacation travelers and therefore the motel will likely be occupied by non-travelers.
5. There is/are currently one (1) motel within 900 feet, ten (10) motels within two miles (Grand Prairie only), and 56 motels within five miles of the subject property (Grand Prairie and Arlington).
6. Staff is concerned that the approval of this specific use permit within 900-feet of another similar motel will exacerbate the crime problem within the surrounding neighborhood.
7. The surrounding neighborhood is currently working with the Grand Prairie Police Department to reduce crime, but the approval of another motel in their neighborhood may reduce the willingness of these neighborhood citizens to work with the Grand Prairie Police Department.
However, should Council act to approve this request, staff recommend that the development adhere to the following staff conditions:
1. The development shall incorporate the Crime Prevention through Environmental Design (CPTED) recommendations of the Grand Prairie Police Department.
ENGINEERING/FLOODPLAIN: Stephanie Griffin/Chris Agnew/Brent O’Neal (972) 237-8141
M. 1. Add the FEMA FIRM number, effective FEMA FIRM date and flood zone to the site plan.
M. 2. The City-wide Drainage Master Plan for internal storm drainage facilities shows that the outfalls serving this site have a capacity less that a 2-year flood as shown on Figure 2 and 3 for Region DW04S
M. 3. Detention of storm drainage flows may be required for this site with dedication of drainage and detention easements covering the 100-year flood pool and facility to accommodate outfall limitations and/or a 100-year flood capacity outfall line may need to be constructed to a suitable off site outfall that can safely accept the 100-year site flows. The following note must be added to all final plats being served by a detention facility:
o The City of Grand Prairie is not responsible for the design, construction, operation, maintenance, or use of any detention pond or underground detention facility and associated drainage easements, hereinafter referred to as “improvement,” to be developed, constructed or used by Owner or his successors, assigns or heirs. Owner shall indemnify, defend and hold harmless the City of Grand Prairie, its officers, employees, and agents from any direct or indirect loss, damage, liability, or expense and attorneys’ fees for any negligence whatsoever, arising out of the design, construction, operation, maintenance, condition, or use of the “improvement,” including any non-performance of the foregoing. Owner shall require any successor, assigns or heirs in interest to accept full responsibility and liability for the “improvement.” All of the above shall be covenants running with the land. It is expressly contemplated that the Owner shall impose these covenants upon all the lots of this plat abutting, adjacent, or served by the “improvement.” It is also expressly contemplated that the Owner shall impose these covenants upon any successor, assigns or heirs in interest the full obligation and responsibility of maintaining and operating said “improvement.” Owner shall require any successor, assigns or heirs in interest to accept full responsibility and liability for the “improvement.” All of the above shall be covenants running with the land.
M. 4. If detention facilities are proposed or to be used before any final plat or building permit can be approved the property owner must accept the City New Development General Guidelines for the Operation and Maintenance of Stormwater Management Facilities and sign the city standard Owner/Developer Inspection and Maintenance Agreement form covering the proposed Stormwater management facilities which form shall be filed with the county against the property. For more information please refer to City Ordinance 9039-2010.
M. 5. City approved grading, drainage, and erosion control plans are required prior to approval of any final plat, earthwork or building permit for the property. Such plans shall include complete plans and profiles of all storm drainage facilities with hydrologic and hydraulic information designed to current standards as provided in the Drainage Design Manual as currently amended. Tie storm drain hydraulics to existing downstream storm drain and extend to upstream properties. Where applicable, drainage from site shall discharge into drainage easement and shall convey flow to stream without causing erosion or flooding (maximum downstream velocity 6 fps). 100-year overflow shall be conveyed to stream in drainage easement;
ENVIRONMENTAL SERVICES: Terri Blocker, (972) 237-8461
SUP
M. 1. MUST BE IN COMPLIANCE WITH TDSHS - TEXAS FOOD ESTABLISHMENT RULES AND LOCAL ORDINANCES REGARDING FOOD SERVICE.
SITE PLAN
M. 1. DRINKING WATER PROTECTION: All new commercial establishments within the City of Grand Prairie must be equipped with appropriate cross connection device protection on the main waterline, fire line and irrigation lines.
Additional cross connections devices may be required under the provisions of City Code Chapter 13 Article X depending on how water will be used in the facility.
Any cross connection devices that are required must be shown on all plan submittals to building inspections. It is required that you provide the make model and location of the backflow preventer to be installed. Providing this information during first submission of building permits will speed up the permitting review process. Testing fees for backflow prevention devices must be paid prior to issuance of building permits.
M. 2. SAMPLE POINTS: The Environmental Services Department requires a sample point be installed on the sanitary sewer line. The location and a sample point detail must be shown on the building plans submitted for review with your application for a building permit. Structure and location should meet the requirements of the department. Providing this information during first submission of building permits will speed up the permitting review process.
M. 3. HEALTH PERMITS REQUIRED: Anyone wishing to operate a food or drinking establishment, food warehouse, child care center, grocery, public swimming pool, or convenience store must make application for a health permit and submit plans for review to the Environmental Services Department before construction is begun or before operation may begin within existing structures. Permits are non-transferable. These fees must be paid prior to issuance of building permits [city code 13-20].
M. 4. CONSTRUCTION ON ONE ACRE OR MORE: Before beginning site work on any tract which involves one (1) acre or more, or on any lot which is a portion of a tract which involves one (1) acre or more, owners or contractors must file a Notice of Intent (NOI) or complete an official Site Notice with the Texas Commission on Environmental Quality (TCEQ) for a construction storm water (general) permit. Contractors must have posted an official Site Notice. Contractors must provide a letter stating that they are posting an official site notice copy to the city’s Environmental Services Department, at least two (2) days in advance of the start of the project.
A Storm Water Pollution Prevention Plan (SWP3) which has been prepared and sealed by a licensed engineer showing storm water quality best management practices (BMPs) for construction activities must be submitted with building permit applications. BMPs must comply with the North Central Texas COG BMP manual, Storm Water Quality Best Management Practices for Construction Activities.
M. 5. CONSTRUCTION ON FIVE OR MORE ACRES: Before beginning site work on any tract which involves one (5) acres or more, or on any lot which is a portion of a tract which involves one (5) acres or more, owners or contractors must file a Notice of Intent (NOI) with the Texas Commission on Environmental Quality (TCEQ) for a construction storm water (general) permit. Contractors must have submitted a NOI to the TCEQ, and send a copy of application to the city’s Environmental Services Department, at least two (2) days in advance of the start of the project.
A Storm Water Pollution Prevention Plan (SWP3) which has been prepared and sealed by a licensed engineer showing storm water quality best management practices (BMPs) for construction activities must be submitted with building permit applications. BMPs must comply with the North Central Texas COG BMP manual, Storm Water Quality Best Management Practices for Construction Activities. Contact the City of Grand Prairie Environmental Services Department at (972)237-8055.
M 6 For development of a tract of land that is greater than one acre in area, the applicant must provide documents demonstrating compliance with Title 30, Part 1, Chapter 330, Subchapter T of the Texas Administrative Code relating to the use of land over closed municipal solid waste landfills. This is a state requirement designed to prevent the development of buildings over old landfills (known and unknown).
M. 7. REFUSE CONTAINERS: During all phases of construction projects, all waste disposal services shall be contracted with Grand Prairie Disposal Company, J.C. Duncan. Commercial-type refuse containers (dumpsters and roll-offs) shall be placed at a location arranged in advance with the city’s contractor, Grand Prairie Disposal Company, J.C. Duncan. If materials are to be recycled, they shall not be co-mingled with trash. All property owners or facility owners shall contact Grand Prairie Disposal Company at (817) 261-8812 [city code 26-105(a)]. Mechanical garbage and trash compactors shall conform to city code sections 29-74 and 26-75. The general contractor shall be held responsible for ensuring compliance with these city codes.
M. 8. WATER WELLS: Please note any abandoned or currently used water wells on the preliminary and final plat. According to the City of Grand Prairie ordinance and the Texas Water Code Chapter 32 § 32.017, Plugging of Water Wells, owners of any property where an abandoned well is located must have the well plugged by a licensed well driller, holding a valid registration with the TCEQ. A permit will be required to abandon the well. In addition a copy of the well completion report must be supplied to the Environmental Services Department before any building permit will be issued.
M. 9. DRILLING WATER WELLS: All property owners wishing to drill a well must obtain a well drilling permit from the Environmental Services Department prior to drilling. Drillers must be licensed by the Texas Well Drillers board. [Texas Water Well Drillers Act sub-section 287.91].
M. 10. NUISANCE: No operations or activities may result in creation of a nuisance as defined in city code 29-68(12) to (29). Specifically, no building, road or construction activity may cause water to stand and result in mosquito harborage.
I. 11. MOSQUITO HARBORAGE: Property owners shall be responsible for all mosquito control activities on any body of water created as part of the site drainage plan. [city code 29-68(3)]
I. 12. NOISE: All noise created during the construction and subsequent operational activities conducted on the subject property must comply with City Code Chapter 13, Article XIII, Sections 13-275 to 13-286. Construction must be limited the daytime hours between six o’clock a.m. and ten o’clock p.m. when constructing a building with 300 feet of a residence.
A Noise abatement study may be required on any new businesses which may affect residence that live within 300 feet.
All businesses must comply with City Code Chapter 13, Article XIII Noise Ordinance
I. 13. ILLEGAL STORM WATER RUNOFF: Only rain water is allowed into the storm water system. Any wastewater generated from any swimming pool maintenance, commercial or industrial operations must be discharged to the sanitary sewer. All discharges into the sanitary sewer must comply with all federal, state, and local industrial discharge requirements [40 CFR part 122 and city code 26-40 to 26-69]
M. 14. WASH BAYS: Wash bays must be covered to prevent storm water or surface runoff from entering the sanitary sewer system. (City code 26-45(a)(1)]
M. 15. GREASE AND SAND TRAPS: Grease and sand traps from automotive centers, service centers, and vehicle wash operations shall be connected to the sanitary sewer system [city code 26-41)]
M. 16. VEHICLES IN THE FLOOD PLAIN: Vehicles must not become flooded so that greases, oils, or other automotive fluids do not contaminate storm water. A bulk storage permit is required for these fluids [city code 29-150(22)].
M. 17. UNDERGROUND STORAGE TANKS: Applicants for permits to install, repair, or remove underground or above ground storage tanks or their associated piping or any part thereof must contact the Texas Commission of Environmental Quality (TCEQ) and the City of Grand Prairie Environmental Services Department at (972)237-8055 prior to beginning work on the project.
M. 18. MANUFACTURING: The Environmental Services Department must review all manufacturing or industrial operations before construction is begun. [City code 26-51]
M. 19. SPECIFIC COMMENTS: All existing buildings and facilities must be upgraded to comply with current health and water quality standards before a new certificate of occupancy can be issued. These issues will be addressed during the building review process.
I. 20. STRIP CENTER/RETAIL BUILDING: If the retail building has a projected food service use, the sanitary sewer must be designed in a way that a grease trap and an industrial waste sample point can be installed for each of those proposed suites.
M. 21. DUMPSTER ENCLOSURE: For new business customers seeking a certificate of occupancy or submitting a site layout, must adhere to requirements outlined in “Commercial Garbage Collection and Container Requirements, which may be accessed at: <http://www.gptx.org/index.aspx?page=1808>
M. 22. SOIL TESTING: For development of a tract of land that is greater than one acre in area, the applicant must provide documents demonstrating compliance with Title 30, Part 1, Chapter 330, Subchapter T of the Texas Administrative Code relating to the use of land over closed municipal solid waste landfills. This is a state requirement designed to prevent the development of buildings over old landfills (known and unknown).
BUILDING INSPECTIONS: Rob Ard, (972) 237-8230
M. 1. Permit will be required for all work and shall comply with 2015 ICC applicable codes and 2014 NEC.
M. 2. 310.3 Residential Group R-1. Residential Group R-1 occupancies containing sleeping units where the occupants are primarily transient in nature, including:
Boarding houses (transient) with more than 10 occupants
Congregate living facilities (transient) with more than 10 occupants
Hotels (transient)
Motels (transient)
M. 3. [F] 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area.
M. 4. Exterior wall within 10’ of property line will be required to have a min. 1hr rating (Ref. 2015 IBC, Table 602)
TRANSPORTATION SERVICES: Daon Stephens, (972) 237-8319
M. 1. Transportation has some significant issues with the access that very possibly will change the layout of the property.
M. 2. On Main, the drive needs to be 150’ from the intersection as measured from the curb line of NW 25th to the near side of the throat of the drive - the way it shows measured is incorrect.
M. 3. Maximum driveway with on Main Street is 30’.
M. 4. The drive thru for the office needs to be a separate movement, not one big drive with a median in the middle.
M. 5. The drive onto Main Street needs to have 30’ radii.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY, AND USE OF CERTAIN PROPERTY FOR A SPECIFIC USE PERMIT FOR A MOTEL IN DISTRICT 1 OF THE CENTRAL BUSINESS OVERLAY AND LIGHT INDUSTRIAL (LI) DISTRICTS TO WIT: BEING LOT 21R2, BLOCK I, OF THE DALWORTH PARK ADDITION, GRAND PRAIRIE, TARRANT COUNTY, TEXAS, AND BEING ADDRESSED AS 2478 MAIN STREET; 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; CONTAINING A SAVINGS CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL
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 a Motel within 900 feet of a similar use and within a designated overlay district; specifically, the Central Business Overlay District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on May 2, 2016, 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 a Motel within 900 feet of a similar use and within a designated overlay district; specifically, the Central Business Overlay 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 a Motel within 900 feet of a similar use and within a designated overlay district; specifically, the Central Business Overlay 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 o'clock P.M. on May 17, 2016, 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 establish a Specific Use Permit numbered XXX for the property addressed as 2478 W. Main Street, depicted in Exhibit B - Location Map, and legally described as Lot 21R2, Block 1, of the Dalworth Park Addition.
SECTION 2.
Specific Use Permit
FOR THE OPERATION OF A MOTEL WITHIN 900 FEET OF A SIMILAR USE AND WITHIN A DESIGNATED OVERLAY DISTRICT; SPECIFICALLY, THE CENTRAL BUSINESS OVERLAY DISTRICT; the following conditions are hereby established as part of this ordinance:
1. The motel shall be in substantial conformance with the Site Plan Package, attached hereto as Exhibit “A”.
2. This specific use permit authorizes the motel to operate as a “transient lodging” facility as defined by Article 30 of the Unified Development Code.
3. Must be in compliance with TDSHS - Texas Food Establishment Rules and local ordinances regarding food service.
SECTION 3.
Compliance
All development must be in substantial conformance with Exhibit “A” of this ordinance, which is herein incorporated by reference.
1. This Specific Use Permit (SUP) shall automatically terminate in accordance with Section 5.4.1 of the Unified Development Code if a building permit is not issued for a motel within 900 feet of a similar use and within a designated overlay district; specifically, the Central Business Overlay District, within one (1) year after City Council adoption of this Ordinance, or upon cessation of the use for a period of six (6) months or more.
2. Furthermore, by this SUP Ordinance, this Specific Use Permit shall automatically terminate if a Certificate of Occupancy is not issued for a motel within 900 feet of a similar use and within a designated overlay district; specifically, the Central Business Overlay District, within six (6) months after the issuance of a building permit.
3. The operation of this site shall be in strict compliance with the requirements of this SUP 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.
4. It shall be unlawful for the owner, manager, or any person in charge of a business or other establishment to violate the conditions of this Specific Use Permit as granted. The violation of those conditions could result in a citation being issued by the appropriate enforcement officers of the City of Grand Prairie, and/or an action to revoke the SUP.
SECTION 4.
It is further provided that in case a section, clause, sentence or part of this Ordinance shall be deemed or adjudged by a Court of competent jurisdiction to be invalid, then such invalidity shall not affect, impair or invalidate the remainder of this Ordinance.
SECTION 5.
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 6.
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 7th day of JUNE, 2016.
ordinance no. XXXXXX
specific use permit no. XXX
case no. SU160202/S160201