Title
Ordinance - Third and Final Reading to Consider Proposed Amendments of Section 4400B, Permitted Use Table of the Zoning Ordinance to Relabel “Hospital/Home/Center for Alcoholic or Psychiatric Patients” to “Hospital/Home/Center for Substance Addiction or Psychiatric Patients,” and to Allow “Amusement, Commercial (Indoor)” in I-2 Heavy Industrial Zoning Upon Approval of an Industrial Use Permit; plus Amendment of Section 6 Permitted Uses of The Reserve Planned Development District Standards to Relabel the Same Aforementioned Use, Require Specific Use Permit for Certain Uses, Delete Certain Uses and Add Special Conditions to Certain Uses (OA#16-001)
Requested Action
To consider the subject ordinance amendment.
Recommendation
The Planning and Zoning Commission held a public hearing on April 18, 2016 and voted 6 to 0 to recommend approval. Vice-Chairman Smithee was absent.
Description/History
The City Council has initiated the following proposed amendments and directed the P&Z to forward a recommendation. See attachments for full details on the proposed amendments.
A) Section 4400B, Permitted Use Table:-
1) Relabel “Hospital/Home/Center for Alcoholic or Psychiatric Patients” to “Hospital/Home/Center for Substance Addiction or Psychiatric Patients”
2) Allow an “Amusement, Commercial (Indoor)” use like D-Bat in I-2 Heavy Industrial zoning upon Council’s approval of an Industrial Use Permit (D-Bat is currently located on S Wisteria St in I-1, Light Industrial zoning); and
B) Section 6 Permitted Uses of The Reserve Planned Development District Standards as shown in attachment C.
In December 2015, the City Council revised the Permitted Use Table in the Zoning Ordinance to require a Specific Use Permit for certain uses and delete other uses. The Reserve Planned Development Standards also include a Permitted Use Table, but it was not modified by the December 2015 amendment. The current proposed amendments will bring permitted uses in The Reserve more in line with those in the Zoning Ordinance and fall in the following general categories:
A) Require a Specific Use Permit for certain uses such as automotive and vehicle related uses, certain retail, commercial and warehouse uses, fast-food restaurants, and apartments;
B) Remove certain uses that are currently not in the The Reserve such as used merchandise stores, discount stores, mini-warehouses, recycling collection centers, coin-operated laundry, motels and certain types of lodging, and pool or billiard halls; and
C) Add new requirements for a hospital/home/center treating substance abuse or psychiatric patients to require a full-time medical and nursing staff, a minimum of 80 beds and a minimum land area of 40 acres.
The new regulations will not apply to any development that has started construction or acquired vested right under state law.
Third and Final Reading - June 13, 2016
Allen Taylor added the following language to the ordinance as discussed with the City Council. The facility under construction at Hwy 360 and Heritage Pkwy will be treated as legal conforming, but is required to apply for SUP if or when they expand or reconstruct in the future.
"The requirements contained in this Ordinance shall be effective for all “hospital/home/center for substance addiction or psychiatric patients” for which zoning, subdivision or building permit applications are made after the effective date of this Ordinance. Any such facility lawfully existing prior to the effective date of this Ordinance shall be treated as a legal conforming use. Any legal conforming use that should seek to expand or physically alter the size or building foot print of its existing facility, shall be required to comply with the provisions of this Ordinance in order to retain its legal conforming use status."
Prepared By
Felix Wong, Director of Planning
817-276-4228