10-Zoning Change-443 S.W. 1st-Central Area District-CA with Specific Permit-Car Lot

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Item No. 10 memorandum TO: Mayor & City Council John Godwin, City Manager FROM: Alan Efrussy, AICP, Planning Manager SUBJECT: ZONING CHANGE FROM A CENTRAL AREA DISTRICT TO A CENTRAL AREA DISTRICT WITH A SPRCIFIC USE PERMIT (No. 50 —FOR NEW OR USED CAR LOT (OPEN)) AT 443 S.W. 1sT STREET. DATE: April 4, 2017 BACKGROUND: This application is for a public hearing to consider the petition of Pamela Harris for a change in zoning from a Central Area District (CA) to a Central Area District (CA) with a Specific Use Permit (No. 50—New or Used Car (Open) Lot), on City Block 178, Lot Part 10 and 11, being located at 443 S.W. ls' Street. At the March 6, 2017 Planning and Zoning Commission meeting, a preliminary motion was made to approve this zoning request, but limiting the approval of this SUP for a period of five (5) years. The applicant agreed to this time —frame. A new motion was then made to table this item so the city attorney could confirm the legality of limiting a time frame for a SUP. Since that commission meeting, the city attorney has confirmed that it is legal to place a time limit on SUP approvals. At the April 3, 2017 public hearing, two members of the commission (Holland Harper and Robert Spain) spoke in opposition to this request. The commission voted 5 -2 in favor of recommending approval to the city council with the condition that this SUP be limited to a period of five (5) years with the opportunity to request additional time through the Specific Use Permit approval process. No members of the public spoke either in favor of or in opposition to this request. STATUS OF ISSUE: (A) Existing Land Use: This property is comprised of 0.1865 acres. The property presently contains a small functioning office building entitled Lone Star Bail Bonds. There is no flood plain on this property and no apparent other environmental constraints. (B) Proposed Land Use for the Subject Property: The applicant intends to use this property for automobile sales, as well as continue the existing bail bond business. (C) The Major Thoroughfare Plan (MTP) and (D) The Parks, Recreation, and Open Spaces Master Plans: There are no issues or conflicts with either of these plans. (E) The Future Land Use Plan (FLUP) within the Comprehensive Plan: The Future Land Use Plan recommends Office (0) use for this subject property.