To: Mark Hafner, City Manager
From: Sarah Hensley, Director of Community Development
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving one amendment to an existing Specific Use Permit (SUP) for the Penguin Patch, by allowing a 6-month extension to the time the Applicant has to apply for and secure building permit, on a property legally described as Abstract 457 Tract 14C03 of John Edmonds Survey, being 4.07-acres, approximately 270 feet southeast from the intersection of W. Bear Creek Parkway and Chisholm Trail, zoned Commercial (C), and addressed as 721 Chisholm Trail. Jennifer Randklev, Owner/Applicant. (SUP-23-0022)
Background:
On August 2, 2022, City Council approved a Specific Use Permit (SUP) to allow the use of warehousing for the Penguin Patch.
The SUP approval included the following conditions:
1. The final Site Plan shall be presented to the City Council for approval at a later date.
Section 8.02 (F)(2)(d) of the Unified Development Code (UDC) states that a Building Permit or Certificate of Occupancy shall be applied for and secured within one (1) year from the time of granting the SUP, provided however, that the City Council may authorize an extension.
The related Site Plan is on this agenda as a separate item.
SUP Extension Request:
1. To allow a 6-month extension to the time the Applicant has to pull a building permit, beginning on the date of City Council approval of the extension request.
Summary:
Section 8.02 (F)(2) of the UDC states that the City Council shall consider the following factors regarding an SUP request:
1) The use is harmonious and compatible with surrounding existing uses or proposed uses;
2) The activities requested by the applicant are normally associated with the permitted uses in the base district;
3) The nature of the use is reasonable and appropriate in the immediate area;
4) Any negative impact on the surrounding area has been mitigated; and
5) That any additional conditions specified ensure that the intent of the district purposes are being upheld.
Citizen Input:
On June 29, 2023, the City mailed out 33 letters of notification for this Public Hearing to all property owners within three-hundred feet (300’) of the subject site. A public hearing notice sign was posted on the site.
Staff has received one inquiry regarding this request but no written support or opposition.
Planning & Zoning Commission Recommendation:
At the July 25, 2023, Planning & Zoning Commission meeting, Commissioners unanimously recommended approval of the SUP extension as presented.
Alternatives:
The City Council has the following options when considering a Specific Use Permit:
§ Approve as submitted (Planning and Zoning Commission recommendation).
§ Approve with modified or additional condition(s).
§ Table the agenda item to a specific date with clarification of intent and purpose.
§ Deny.