From
Chris Hartmann
Title
TA180701 - Text Amendment - Article 4, Use Chart Update and Article 22, Fee Schedule. Amendment to the Unified Development Code, Article 4, "Permissible Uses" to revise the use chart and to revise Article 22, Fee Schedule. An Amendment to the Unified Development Code to revise the use charts to define and establish applicable districts for certain auto-related uses, industrial uses, and freight/transport uses, and billiard parlors. (On October 1, 2018, the Planning and Zoning Commission recommend approval of changes to the use chart pertaining to billiard parlors and recommended postponing all other proposed changes to further evaluate their development impact.)
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approval
Analysis
BACKGROUND AND PURPOSE:
Grand Prairie continues to see a steady amount of development applications in the sectors of industrial development and auto-related businesses. Current standards regulating these business types within the City's zoning districts are often based on outdated or inadequate use descriptions and definitions. The City periodically makes updates to its use charts and definitions to account for changes in terms and technology, and recent trends within the market require that the city consider such changes at this time in order to effectively provide for quality development with minimal impact. The amendment proposed herein seeks to accomplish three goals:
a) Update use charts to account for new or changing uses.
b) Reevaluate the appropriateness of some uses within certain zoning districts and change the use charts to remove or restrict a use from certain zoning districts.
c) Organize use charts to provide ease of reference by consolidating or removing redundant or contradictory use categories and putting similar uses together.
PROPOSED AMENDMENTS:
Proposed changes to Definitions are found in Exhibit i and include:
• Revised definitions for Auto Repair.
• New definition for:
o Auto Dealer (New, Used, Non-Franchise, and Online-Only)
o Auto Make Ready
o Auto Wholesaler
o Boat Dealer and Boat Repair
o Bus Charter
o Freight Transfer Terminal
o Railroad Freight Depot
o Truck Stop
o Warehouse/Distribution Center
o Warehouse e-Commerce Fulfillment Center
Proposed changes to Auto-Related Uses are found in Exhibit ii and include:
• Remove Auto Sales from GR district and create new category of Online Only sales.
• Require SUP for Commercial Car Wash in Corridor Overlay or adjacent to residential.
• Consolidate Auto Repair into three categories: Minor, Major, and Specialty.
• Remove Auto Repair from GR district.
• Create category for Paintless Dent Repair.
Proposed changes to Trucking/Shipping/Warehousing are found in Exhibit iii and include:
• Separate all auto-related uses into previous category.
• Create three separate warehouse/shipping categories: Warehouse/Distribution, Warehouse (e-Commerce Fulfillment Center), and Freight Transfer Terminal. Require SUP for each in Corridor Overlay.
Proposed Changes to Industrial-related uses are found in Exhibit iv and include:
• Require SUP for Batch Plants intended for longer than 12 months.
• Create category for Non-Farm Permanent Silo and allow by SUP only.
• Require SUP for Contractor Business in CA zoning district and for Engine Repair/Mfg. (non-auto).
Miscellaneous Changes:
• Require SUP for Billiard Parlors but remove limitation on number of tables.
• Amend language with regard to Batch Plants and require Specific Use Permit if installation will remain in place longer than a year.
• Make minor changes to clarify titles in use table for Duplexes, Schools, Non-Hazardous Research Lab, and Cell Towers.
RECOMMENDATION:
At its July 16, 2018 meeting, the City Council Development Committee recommended approval of the text amendment.
At its October 1, 2018 meeting, the Planning and Zoning Commission voted 8-0 to recommend approval of changes affecting billiard parlors and to postpone all other proposed changes to give staff time to further analyze potential impacts.
DRC recommends approval of the changes affecting billiard parlors. The other proposed changes will be brought forward at a future date under a separate text amendment.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING ARTICLE 4, “PERMISSIBLE USES” OF THE UNIFIED DEVELOPMENT CODE, ESTABLISHED BY ORDINANCE NUMBER 4779, PASSED ON NOVEMBER 20, 1990; TO REQUIRE A SPECIFIC USE PERMIT FOR BILLIARD PARLORS; 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 20, 2018, 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 said amendments; 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 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 September 10, 2018, 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 o'clock P.M. on September 18, 2018 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, Article 4 “Permissible Uses” of the Unified Development Code, City of Grand Prairie, Texas, be and are amended, to allow Billard Parlor by Specific Use Permit in the C, Commercial District; HC, Heavy Commercial District; LI, Light Industrial District; and HI, Heavy Industrial District, and disallowing Billard Parlor in all other zoning districts, with proposed additions of text being shown in underlined print, and deleted text being shown with a single line strikethrough:
|
ENTERTAINMENT USES |
NAICS |
MU |
OFFICE |
NS |
GR |
GR-1 |
C |
C-1 |
CA |
HC |
LI |
HI |
|
BILLIARD PARLOR (< 3 TABLES) |
713990 |
|
|
|
|
|
SX |
|
|
SX |
SX |
SX |
SECTION 2
THAT, sections of Article 4 “Permissible Uses” not included in this amendment, shall remain in full force and effect, save and 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 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 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 5
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 6
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 16th DAY OF OCTOBER, 2018.
ORDINANCE NO. 10552-2018
CASE NO. TA180701