HomeMy WebLinkAboutPZ Item 15 - Zoning Ordinance AmendmentMEMO TO:
FROM:
MEETING DATE:
SUBJECT:
RECOMMENDATION:
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PLANNING AND ZONING COMMISSIONERS
H. T. HARDY, DIRECTOR DEVELOPMENT SERVICES
RON STOMBAUGH, PLANNER II pts l
AUGUST 17, 2004
PROPOSED ZONING ORDINANCE AMENDMENT TO SECTION
32, "BP" BUSINESS PARK DISTRICT
Staff recommends the Planning and Zoning Commission consider the following
amendment to Section 32, "BP" Business Park District and take any other action
necessary.
BACKGROUND INFORMATION:
Staff has received another request from Mr. Rick Stacy relative to uses allowed in the
"BP" Business Park District. At the July 20, 2004 meeting Council approved an
amendment to the "BP" Business Park District allowing "indoor commercial amusement"
as a conditional use. Based on the potential users of lease space in the new buildings
currently under construction, Mr. Stacy requests that the Planning and Zoning
Commission consider allowing all retail uses as a conditional use in the "BP" Business
Park District. Similar to the logic used for the amendment to allow indoor commercial
amusement as a conditional use, allowing all retail uses as a conditional use would give
the Commission and the Council the control necessary to determine whether any future
requests are appropriate given the particular type and location of such request.
As the ordinance is currently written retail sales, day care centers, and personal services
which are customarily accessory and clearly incidental and subordinate to office
buildings are allowed as an accessory use, however, in Mr. Stacy's case he is
requesting retail sales that are clearly outside the boundary of accessory uses that are
subordinate to office buildings.
The subject property owned by Mr. Stacy was previously zoned "CC" Community
Commercial District prior to a rezoning which occurred in June 2001 to accommodate a
warehouse project currently under construction.
/rs
O:\ORD\BPDistrict.retailsales
August 9, 2004 (6:27PM)
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Section 32. BP Business Park District
PURPOSE: The purpose of the BP Business Park District is to provide a unique zone
incorporating commercial and industrial uses into one district with quality architectural and
landscape design development standards. The BP Business Park District differs from
other districts by allowing a mixture of compatible commercial and industrial land uses with
limitation of associated outside uses.
All business operations and activities within the BP Business Park District shall be
conducted completely within an enclosed building, and in no instance shall any outside
activity be permitted in this district, except for off-street parking or loading, refuse storage,
drive-in or drive-through window at a financial institution, restaurant, prescription pharmacy
or dry cleaning establishment, temporary outside display and sale of Christmas trees; with
gasoline sales and outdoor dining approved as a conditional use.
USES GENERALLY: In a BP Business Park District no land shall be used, and no building
or structure shall be erected, altered, or converted to any use other than as hereinafter
provided. All permitted uses listed shall be within a completely enclosed building or
structure.
A. PERMITTED USES:
Laboratories (scientific, medical, chemical), applied physics,
mechanical, electronic, biological, genetic or other similar
experimental research, product development or testing facilities.
2. Scientific or engineering school facilities or institutions.
3. Data processing.
4. Conference/Convention Centers.
5. Professional offices which include the following professional and
semiprofessional occupations: accountants, attorneys, dentists,
engineers, insurance agents, real estate agents, personal or family
counselors, chiropractors, physical therapists, physicians, public
secretaries, surgeons, or any other offices or professions which are
of the same general character as the foregoing, but specifically
excludes veterinarians, veterinary hospitals, animal grooming salons,
dog kennels, and funeral homes.
6. Computer programming and other software services.
7. Engineering, architectural, and design services.
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8. Processing or compounding of drugs and other medical and
pharmaceutical products.
9. Manufacturing and assembling of electronic components, precision
instruments and devices.
10. Office/Showrooms.
11. Manufacturing, assembling or packaging of products from previously
prepared materials, such as cloth, plastic, paper, leather, precious or
semiprecious metals or stones.
12. Printing, lithography, publishing or similar establishments.
13. Vocational, trade, technical, or industrial schools.
14. Warehousing completely within an enclosed building, but specifically
excluding mini -storage warehouses.
16. Restaurants with inside dining.
17. Health spas and physical fitness centers (massage establishments
must meet the requirements of Section 49.8.5.).
18. Airline ticketing counters, travel agencies.
19. Banks, savings and loans, and financial institutions.
20. Drafting services or quick reproduction services.
21. Office supplies.
22. Parking garages.
ACCESSORY USES: The following uses shall be permitted as accessory
uses:
1 Off-street parking in conjunction with any permitted use in this district.
Provisions for the parking of automobiles, provided that such
provisions within 100 feet of a residentially zoned district shall be
separated from said lot by a blind masonry wall meeting the screening
requirements of Section 50.C.1.
2. Signs advertising use on the premises, in accordance with Section 60
of this Ordinance.
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3. Mechanical equipment located within 120 -feet of any residentially
zoned district must meet the standards established for noise
regulation as stated in Section 55. Performance Standards.
4. Screened refuse and garbage storage on a concrete pad and located
no closer than 50 feet to any residentially zoned district and not
located between the front of the building and any right-of-way. All
refuse disposal and garbage storage areas shall be landscaped and
screened in accordance with Section 50.13.3.
5. All other mechanical equipment shall be located within a completely
enclosed building and shall meet the masonry requirements of
Section 32.M.4.
6. Retail sales, day care centers and personal services which are
customarily accessory and clearly incidental and subordinate to office
buildings.
C. CONDITIONAL USES: The following uses may be permitted, provided they
meet the provisions of, and a Conditional Use Permit is issued pursuant to,
Section 48 of this Ordinance.
1. Planned Business Parks in accordance with Section 32.N., Planned
Business Park Provisions.
2. Alcoholic beverage sales, provided a special permit is issued in
accordance with Section 42.B. of the Ordinance.
3. Retail gasoline sales or gasoline service stations and related
convenience store and automated car washes.
4. Restaurants with outside dining.
5. Hotels or motels. Hotels approved prior to April 18, 2000, shall be
deemed a lawful, permitted use and shall have the same status as
that authorized pursuant to this Ordinance; provided, however, no
such building, structure, or use shall be altered, changed or expanded
unless a conditional use permit therefore has been granted pursuant
to this ordinance.
6. Indoor commercial amusements.
7. Retail Uses.
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