TOWN STAFF REPORT RECCOMENDATIONS
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Conduct a public hearing and consider approving Ordinance 987 adopting an amendment to Ordinance 315, Article Two, Section One - Land Use Schedule, allowing the listed use of “Commercial Amusement (Inside)” as a permitted use within the “Retail” and “Mixed-Use” sub-areas, as described and depicted in Ordinance 315; and take appropriate action (Ron Ruthven, Director Planning)
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STAFF: Ron Ruthven, Planning and Development Director
BACKGROUND:
Windhaven Properties, LLC, on behalf of the property owner, 170 Retail Associates, Ltd., is requesting to amend Ordinance 315, Article Two, Section One - Land Use Schedule, in order to allow the listed use of “Commercial Amusement (Inside)” as a permitted use within the “Retail” and “Mixed-Use” sub-areas as shown on the concept plan within the ordinance. While currently listed on the land use table in Ordinance 315 as “Commercial Amusement (Inside)”, the use is not specifically permitted in any of the sub-areas mentioned in the ordinance. The applicant is requesting the change in order to construct a new entertainment establishment called “Pin Stack” on a 5.5 acre tract within the zoning district. The site plan for the Pin Stack is requested for consideration subsequent and separate to this agenda item and more details concerning the proposed business are explained on the site plan agenda report
ZONING REQUEST ANALYSIS
Ordinance 315 contains the zoning regulations for the Planned Development District Number Three, Planning Area Nine (PD3-9) zoning district. Ordinance 315 was approved by the Town Council on September 14, 1998. As shown on the attached map, the PD3-9 zoning district is one of 13 separate planning areas within the larger PD3 Planned Development District, which covers most of the Circle T Ranch.
While each planning area within the PD3 zoning district is distinct, with each planning area containing its own zoning regulations and land use table, the entire PD3 zoning district is, nonetheless, governed by a larger set of regulations that include regulations for signage, infrastructure, landscaping, etc. These regulations are primarily contained within Ordinance 307.
Regarding the land use in question, “Commercial Amusement (Inside)”, the following table shows how each PD3 planning area regulates this land use:
PD3 Planning Areas: Land Use Allowances for “Commercial Amusement (Inside)”
|
PD3 Planning Area # |
Listed Use |
Permitted Use? |
Conditions |
|
PD3-1 |
Yes |
No |
None |
|
PD3-3 |
Yes |
Yes |
Accessory Use Only |
|
PD3-4 |
Yes |
Yes |
None |
|
PD3-5A |
Yes |
Yes |
None |
|
PD3-5B |
Yes |
Yes |
None |
|
PD3-6 |
Yes |
No |
None |
|
PD3-7 |
Yes |
No |
None |
|
PD3-8 |
Yes |
No |
None |
|
PD3-9 |
Yes |
No |
None |
|
PD3-10 |
Yes |
No |
None |
|
PD3-11 |
Yes |
No |
None |
|
PD3-12 |
Yes |
Yes |
Accessory Use Only |
|
PD3-12A |
Yes |
Yes |
Accessory Use Only |
The zoning amendment, as proposed, would involve allowing the “Commercial Amusement (Inside)” land use as a permitted use within the “retail” and “mixed-use” sub-areas as depicted on the Ordinance 315 concept plan (attached).
“Commercial Amusement (Inside)” is not defined in in any relevant Town regulations. However, typical uses may include bowling, various indoor games such as billiards, ping-pong, pickle ball, etc. and movie theaters.
Planning and Zoning Commission Recommendation
On January 16, 2024, the Planning and Zoning Commission voted (7-0) to recommend approval as presented. This item only requires action by the Town Council.
SUMMARY AND STAFF RECOMMENDATION:
The proposal involves permitting the listed land use of “Commercial Amusement (Inside)” to the “retail” and “mixed-use” sub-areas within the PD3-9 zoning district. This action makes the PD3-9 zoning district consistent with the PD3-4, PD3-5A and PD3-5B zoning districts and allows the proposed Pin Stack to locate within zoning district. Staff recommends approval as presented.
Town Council Action Options:
• Approve Ordinance 987 as written;
• Approve Ordinance 987 with modifications or additional condition(s) limited to the specific request;
• Table the item to a specific date with clarification of intent and purpose;
• Deny Ordinance 987 (with or without prejudice).
ATTACHMENTS:
1) PD3 (Circle T Ranch) Zoning District Map
2) PD3-9 Concept Plan
3) Ordinance 315 (Approving PD3-9)
4) Ordinance 987 (approving the request)