From
Chris Hartmann
Title
SU150403 - Specific Use Permit - 1700 W. Polo Rd. Ste 190, "So Amazing" Day Programs Inc. (City Council District 6). Consider the request from for approval of a Specific Use Permit for an Adult Day Care facility, "So Amazing" Day Programs Inc. The subject site is addressed as 1700 W. Polo Rd., specifically Suite 190, generally located on the north side of Polo Rd. and east of Matthew Rd., and zoned Planned Development 115 (PD-115) District. The applicant is Sonya Golden, So Amazing Day Programs Inc. (On April 6, 2015, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0.)
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approval
Analysis
PURPOSE OF REQUEST:
Article 4 of the Unified Development Code, “Permissible Uses,” requires that all Adult Day Care facilities within the city of Grand Prairie obtain a specific use permit. The applicant has applied for a specific use permit in order to operate an Adult Day Care, “So Amazing” Day Programs, Inc.
ADJACENT ZONING:
North - Property is zoned Agricultural (A).
South- Immediately south of this property is W Polo Rd, which is a designated as a principle 4- lane dived roadway (P4D). The property across the street is zoned PD-81.
East- Property is zoned General Retail (GR) District.
West- Property is zoned PD-81 for residential uses and Commercial (C).
BACKGROUND:
August 31, 1982: City Council approved PD-115, Ordinance No.3370, rezoning from Agricultural to a Planned Development for general retail uses.
February 17, 2015: The Planning staff processed an application for the approval of a Specific Use Permit for an Adult Day Care.
March 26, 2015: The Development Review Committee (DRC) meeting was held. Staff met with the applicant to discuss the proposal. The proposal was cleared to move forward subject to conditions found in the recommendation section of this report.
March 27, 2015: A legal notice was mailed to affected property owners and notice of the upcoming public hearing was published in the Fort Worth Star Telegram.
April 6, 2015: This item is scheduled to be heard by the Planning and Zoning Commission.
April 21, 2015: This item is scheduled to be heard by the City Council.
PROPOSED USE AND CHARACTERISTICS
This site has a multi-tenant building, facilitating various uses from retail, restaurants, and personal services. The applicant proposed to operate an adult day care facility within suite 190. The Unified Development Code defines Adult Day Care Center with the following:
Adult Day Care Center: An establishment that provides counseling, recreation, supervision or food, or any combination thereof, on a daily or regular basis, to four (4) or more elderly or disabled persons who are not related by blood, marriage or adoption, to the owner of the establishment. Clients of an Adult Day
Care Center shall not require institutionalization in a hospital, nursing or convalescent home or similar specialized facility. Non-permanent overnight care is allowed as an ancillary use for clients of such a facility.
A. Such establishment shall not accommodate individuals who pose a direct threat to the health, safety or welfare of themselves or others, and shall not constitute a halfway house, rehabilitation facility, or any other type of facility whereby individuals receive guidance or assistance in the transition from institutional care to normal social activities. Medical treatment or rehabilitative services shall not be provided in an Adult Day Care Center.
B. Such establishment shall be licensed and operated in a manner consistent with such standards as may be promulgated by the Texas Department of Health, the Texas Department of Human Services and the City of Grand Prairie. For the purposes of this definition, “adult” shall mean a person of 18 years of age or older, “elderly person” shall mean a person of 65 years of age or older, and “disabled person” shall mean a person whose functioning is sufficiently impaired to require frequent medical attention, counseling, physical therapy, therapeutic or corrective equipment or another person's attendance or supervision.
Operations
Staff has attached a complete version of the applicant’s operational plan. The following is an excerpt which briefly gives a description about this proposed Day Habilitation program:
“Day Habilitation programs for the Intellectual/Developmental Disability (IDD) population, typically contracted with licensed Home and Community Based Service Providers (HCS) to deliver services. Because of said contracts, day habilitation programs are surveyed at least annually by the DADS [Texas Department of Aging and Disability Services] for program compliance. Programs of this type are also monitored at least quarterly by the Local Authority for Individuals with IDD.”
Activities that will be provided, and further described by the applicant in the submitted operational plan:
1. Day Habilitation: for Individuals with Intellectual/Developmental Disabilities (IDD)
2. Pre-vocational training assistance for individuals with IDD
3. Supported Employment - On the job training through mentorship from in-house gift shop employment.
“So Amazing” Day Programs, Inc will be open M-F from 8am to 5:30pm. No food will be provide on-site. The participants are required to bring a packed lunch. Saturday from 10am to 5pm and Sunday 1pm to 5pm the applicant will operate in order to allow their supported employment participants to work in the on-site gift shop,
Dimensional Requirements
The applicant is not proposing any changes to the existing building. No analysis of dimensional requirements is needed.
Parking and Access:
The site has currently has access from W Polo Rd. and Matthew Rd. There are no proposed changes to the existing drive access points.
The property currently has 323 parking spaces available. Base on the existing businesses and the applicants proposed use, the property is only required to have about 226 parking spaces. The building currently has 3 vacant suites and will be served by the remaining 97 remaining spaces.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map (FLUM) of the 2010 Comprehensive Plan shows this area as appropriate for a commercial, retail, and office uses. By obtaining a specific use permit this request will be consistent with the FLUM.
REQUESTED APPEALS BY APPLICANT:
There are no requests for appeals.
RECOMMENDATION:
The Planning and Zoning Commission recommended approval of this request on April 6, 2015, by a vote of 9-0, with the following conditions, as recommended by staff:
1. As outlined within the Operational Plan contained within the Specific Use Permit Application File No. SU150403, and as more specifically stated and codified herein, the development shall adhere to the following operational standards:
A. All operations shall be conducted entirely on-site. The public right-of-way shall not be utilized for business activities;
B. Unloading spaces shall be provided as required by the Unified Development Code for day care facilities;
C. No overnight stays will be permitted;
D. Must be in compliance with TDSHS - Texas Food Establishment Rules and local ordinances regarding food service;
E. The site must maintain the minimum number of required parking for all uses as required by the Unified Development Code, as amended;
F. Must comply with all federal, state, and local laws;
G. Such establishment shall not accommodate individuals who pose a direct threat to the health, safety or welfare of themselves or others, and shall not constitute a halfway house, rehabilitation facility, or any other type of facility whereby individuals receive guidance or assistance in the transition from institutional care to normal social activities. Medical treatment or rehabilitative services shall not be provided in an Adult Day Care Center;
H. Must comply with any outstanding Development Review Committee comments for the Specific Use Permit found in File No. SU150403; and
2. Future expansions to this use will require the submittal of a revised site layout to the planning department.
Body
AN ORDINANCE AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR A SPECIFIC USE PERMIT FOR AN ADULT DAY CARE, TO WIT: BEING LOT 1, BLOCK A, TRAILWOOD VILLAGE SHOPPING CENTER, DALLAS COUNTY, TEXAS, 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 for a Specific Use Permit for an Adult Day Care; and;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on April 6, 2015, 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 Specific Use Permit for an Adult Day Care; 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 9 to 0 to recommend approval to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to allow a Specific Use Permit for an Adult Day Care; 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 April 21, 2015 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 I.
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 954 for the property location described as follows:
1700 W. Polo Road, also being described as being Lot 1, Block A, Trailwood Village Shopping Center, Dallas County, Texas.
SECTION 2: Specific Use Permit
FOR OPERATION OF AN ADULT DAY CARE
1. As outlined within the Operational Plan contained within the Specific Use Permit Application File No. SU150403, and as more specifically stated and codified herein, the development shall adhere to the following operational standards:
A. All operations shall be conducted entirely on-site. The public right-of-way shall not be utilized for business activities;
B. Unloading spaces shall be provided as required by the Unified Development Code for day care facilities;
C. No overnight stays will be permitted;
D. Must be in compliance with TDSHS - Texas Food Establishment Rules and local ordinances regarding food service;
E. The site must maintain the minimum number of required parking for all uses as required by the Unified Development Code, as amended;
F. Must comply with all federal, state, and local laws;
G. Such establishment shall not accommodate individuals who pose a direct threat to the health, safety or welfare of themselves or others, and shall not constitute a halfway house, rehabilitation facility, or any other type of facility whereby individuals receive guidance or assistance in the transition from institutional care to normal social activities. Medical treatment or rehabilitative services shall not be provided in an Adult Day Care Center;
H. Must comply with any outstanding Development Review Committee comments for the Specific Use Permit found in File No. SU150403; and
2. Future expansions to this use will require the submittal of a revised site layout to the planning department.
SECTION 3: Compliance
All development must conform to the approved Development Plans, which are herein incorporated by reference.
1. By this SUP Ordinance, this Specific Use Permit shall automatically terminate if a Certificate of Occupancy is not issued for a Specific Use Permit for an Adult Day Care; 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, the City Council shall conduct a public hearing one (1) year after City Council approval of the Site Plan to confirm compliance with all applicable codes which shall include, but not be limited to, 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.
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 imposed by the City Council when a Specific Use Permit is granted, and the violation of those conditions could result in a citation being issued by the appropriate enforcement officers of the City of Grand Prairie. Violation of this provision may be punishable in accordance with Section 1-8 of the Code of Ordinances of the City.
5. 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
6. The Certificate of Occupancy shall note the existence of this Specific Use Permit by its SUP number and title.
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 21st of April, 2015.
ORDINANCE NO. 9852-2015
CASE NO. SU150403
SPECIFIC USE PERMIT NO. 954