11-Zoning Change-2925 FM 79-Commercial-Light Industrial

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Item No. 11 memorandum TO: Mayor & City Council John Godwin, City Manager FROM: Alan Efrussy, AICP, Planning Manager SUBJECT: ZONING CHANGE FROM A COMMERCIAL DISTRICT TO A LIGHT INDUSTRIAL DISTRICT LOCATED AT 2925 FM 79. DATE: April 4, 2017 BACKGROUND: An applicant recently met with the city staff and requested the opportunity to develop a distillery. The purpose of this agenda item is to conduct a public hearing and take action regarding the petition of Dale Freeman on behalf of Abraham Enns for a change in zoning from a Commercial District (C) to a Light Industrial District (LI), for 4 acres on City Block 324, Lot 19, being located at 2925 FM 79. Recently, after the city staff and the Planning and Zoning Commission recommended approval, the City Council approved allowing distilleries as a permitted use in the Light Industrial (LI) and Heavy Industrial (HI) Zoning Districts and to allow distilleries in the Commercial and the General Retail (GR) Zoning Districts through the Specific Use Permit (SUP) process. At the April 3, 2017, Planning and Zoning Commission public hearing two people (Gary Waite and Robert Giberson) spoke in favor of, and no person spoke in opposition to this request. The commission voted unanimously in favor of recommending approval to the city council. STATUS OF ISSUE: The city staff has determined the following: (A) Existing Land Use: This subject property is vacant except for an existing structure. (B) Proposed Land Use: The applicant proposes to develop a distillery business which will include the use of the existing structure on site, as well as the addition of new structures. (C) Proposed Zoning_ The applicant requests Light Industrial Zoning because, over time, he intends to produce more than 6,000 gallons of a distilled product during a one —year period; the LI and HI zones require no minimum and no maximum distilled product; however, the C and GR zones require product of less than 6,000 gallons per year of distilled product, and require an SUP.