Placement: Resolutions / Quasi-Judicial Hearing
Action Requested: Motion / Vote
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Resolution 23-R42, Quasi-Judicial, Public Hearing, A Resolution Granting a Special Exception to Allow an Expansion of the Existing Enclosed Assembly Area Over 3,000 Square Feet in the Warehouse Industrial (WI) Zoning District as per Section 158.135(C)(5) of the Zoning Code (P23-032).
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Submitted By: Bianca Lee, Planner I
Strategic Plan Link: The City’s Mission to plan for smart and balanced growth.
Executive Summary (General Business): The applicant is requesting a special exception use to allow an expansion of the existing enclosed assembly area over 3,000 square feet for recreational use totaling 12,354 square feet for a developed property, as per Section 158.135(C)(5) of the Warehouse Industrial (WI) zoning district. The Zoning Code lists an enclosed assembly area more than 3,000 square feet as a special exception use that may be permitted only following the review and specific approval thereof by the City Council. The proposed special exception use will allow the operation of an instructional volleyball school.
Presentation Information: Staff will provide a presentation.
Staff Recommendation: Move that the Council approve the resolution as recommended by the Planning & Zoning Board with the following conditions: 1. A parking agreement shall be approved by the City Attorney’s Office prior to the issuance of any building permits or occupancy of the additional 3,654 sq. ft. of enclosed assembly area, whichever occurs first. 2. The SEU shall expire if there is not a valid parking agreement, that has been approved by the City Attorney’s Office, in effect at any time after the issuance of any building permits or occupancy of the additional 3,654 sq. ft of enclosed assembly area.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the resolution.
2. Move that the Council not approve and provide staff direction.
Background: The Planning & Zoning Board recommended approval of the special exception on April 4th, 2023; with the following conditions:
1. A parking agreement shall be approved by the City Attorney’s Office prior to the issuance of any building permits or occupancy of the additional 3,654 sq. ft. of enclosed assembly area, whichever occurs first.
2. The SEU shall expire if there is not a valid parking agreement in effect.
Issues/Analysis: See staff report. Additionally, through a shared parking agreement with the property owner to the south, the Applicant seeks to provide adequate parking for the volleyball facility during operating hours. The proposed agreement indicates that the Applicant may utilize 60 spaces, during the weekdays after 5 PM and anytime during the weekends. The Applicant proposes to utilize this agreement to satisfy its parking requirements. However, the document has not yet been provided to the City Attorney’s Office in a sufficient form.
Financial Information: N/A
Special Consideration: N/A
Location of Project: Located east of I95 & west of NW Interpark Place, at 561 NW Interpark Place.
Attachments: 1. Resolution, 2. Exhibit A, 3. Staff Report, 4. Applicant Response to Criteria, 5. Additional Information, 6. Owner’s Authorization, 7. Staff Presentation
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 9977
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.