Title
Ordinance - Third and Final Reading of an Ordinance Amending Section 2200 of the Zoning Ordinance Pertaining to the Definition of a Public and Private School and a Publicly Owned, Non-School Facility (OA#14-005)
Requested Action
To consider the subject proposed ordinance amendments.
Recommendation
The City Council and P&Z public hearings were published in the Star-Telgram on June 5, 2014. The P&Z held a public hearing on June 16, 2014 and made a motion to table this item for further discussion. The motion passed by a vote of 4-2 (Neuman and Hudson) with Commissioner Jacobus absent. Since no specific date, action or information was included or requested in the P&Z's motion to table, it equates to a P&Z final report to not amend the Zoning Ordinance as proposed.
Description/History
July 14, 2014 - Public Hearing Continuation and Second Reading
Except for the Agricultural Center, there are no student classrooms that are used on a regular basis in any other non-school facilities of the MISD. In any case, the Agricultural Center is on a lot occupied by a school (Ben Barber). The 300' distance restriction will apply to the lot line.
June 23, 2014 - Public Hearing and First Reading
Currently, the Zoning Ordinance and Texas Alcoholic Beverage Code state that: "No sale of alcoholic beverages shall be permitted by any establishment which is located within 300 feet of a church, public or private school or public hospital." The distance is measured, in case of a school, from the property line of the school to the property line of the establishment.
However, the Texas Alcoholic Beverage Code does not provide a definition of "public or private school" for the purpose of applying the 300-foot restriction.
This amendment is intended to provide that missing definition and for further clarification, define non-school facilities such as Vernon Newsom and R.L. Anderson Stadiums, the Natatorium, the Center for the Performing Arts, MISD Administration Complex, Agricultural Center and barns for FFA, and school bus fueling faciltities.
School, Public or Private - For purposes of zoning, alcoholic beverage regulation and other regulatory ordinances, a structure intended, designed and constructed for the use of providing classroom instruction to students. It is intended to include actual classroom facilities and attached administrative, cafeteria and auditorium facilities. Gymnasiums are included within this definition if they are attached to a facility designed and used for classroom instruction of students.
Publically Owned, Non-School Facility - A structure, facility or land area owned by a governmental entity including a public school district, that is not used for classroom instruction purposes but for administration, maintenance, vehicle storage, entertainment or athletic competition not focused on continuing instruction. Facilities of this type will be treated as public uses of structures or land for zoning, alcoholic beverage regulation and other regulatory purposes.
Prepared By
Felix Wong, Director of Planning
817-276-4229