15 - ZONING CHANGE CONCERNING CITY BLOCK 170-C, LOT 15, 2735 SOUTH CHURCH STREETItem No. 15
memorandum
TO: Mayor & City Council
John Godwin, City Manager
FROM: Alan Efrussy, AICP, Planning Manager
SUBJECT: ZONING CHANGE FROM A COMMERCIAL DISTRICT TO A
COMMERCIAL DISTRICT WITH A SPECIFIC USE PERMIT FOR AUTO FUEL
SALES AT 2735 SOUTH CHURCH STREET.
DATE: October 4, 2016
BACKGROUND: This application is for a public hearing to consider the petition of Evan Evans
on behalf of Sami Ebrahim for a change in zoning from a Commercial District (C) to a
Commercial District (C) with a Specific Use Permit (No. 45 —Auto Fuel Sales), on City Block
170 —C, Lot 15, being located at 2735 South Church Street. This property is comprised of 1.375
acres, and is not located in a FEMA Floodplain. At the October 3, 2016 Planning and Zoning
Commission meeting the commission unanimously voted to table this rezoning request, and to
close the public hearing and asked the staff to re— notify citizens and re— publish this item, so that
citizens can be made aware again of this public hearing; and to re— schedule this item for the
November 7, 2016 commission meeting. The owner of this subject property is the only one who
spoke and he is in favor of this project.
STATUS OF ISSUE: The city staff believes that this proposed use for automobile fuel sales, a
6,200 square foot convenience store, and an 1800 square foot Taco Casa restaurant can be of
benefit to the city (and region). This proposed development would provide jobs and additional
tax base to the city. Further, this use would complement the Love's truck stop development at
the north portion of Loop 286, and just as that development will, this proposed subject
development on South Church St. would provide similar service to truckers and travelers on the
south side of the city.
The city staff has been working in a very positive manner with the applicants and their
professional staff regarding this proposed development. Since this is a Specific Use Permit
(SUP) request, a site plan is a mandatory requirement. Staff has already made comments and
recommendations regarding the original site plan that was submitted with the SUP request.
Through September 280' the applicants needed additional time to address city staff comments
regarding this originally submitted site plan.
Further, on September 28th, the applicants sent city staff a new site plan and requested that staff
delete previously submitted site plans. Typically, all information to be submitted to the Planning
and Zoning Commission for its Monday meetings is completed, collected, and delivered to the
commission on the Thursday, or at the latest, the Friday prior to the following Monday's
commission meeting. The city staff, therefore, needed further additional time to evaluate the
recently submitted site plan, and as necessary, coordinate with the applicants and/or their
professional representatives. This required that the staff recommend tabling this item to the next
regular commission meeting, so that both the city staff and the applicants have ample time to
both review the latest site plan submitted, and to address new /original technical issues so that
staff can make a complete and appropriate recommendation to the Planning and Zoning
Commission. The applicant had been advised that the staff would recommend tabling this item
at the October 3rd commission meeting and staff also provided the reasons for same. Hence, at
this time the city staff did not submit any site plan data for the commission to review and
comment upon for the October 3rd commission meeting, nor will the staff submit a site plan or
the adopting ordinance to the council for its October 10th meeting. Since this project has been
legally published and noticed in anticipation of completed staff review for the October 3rd
commission meeting and the October 10th council meeting, this item has to be addressed at both
of those meetings.
RECOMMENDATION: Open the public hearing, take any comments from the general public,
leave the public hearing open, and table this item to have this item further addressed at the
regular City Council meeting on November 14, 2016.
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