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File #: 21-132    Version: 1
Type: New Business Status: Agenda Ready
File created: 3/3/2021 Meeting Body: City Council
On agenda: 3/16/2021 Final action:
Title Search: PUBLIC HEARING: Consider an ordinance approving a Specific Use Permit (SUP) for Tindahan ni Kuya, a proposed restaurant/grocery store to occupy a 1,400 square-foot lease space within a 13,140 square-foot multi-tenant building, situated on a 1.97-acre tract of land, located on the east side of South Main Street, approximately 1,700 feet north from the intersection of Wall-Price Keller Road and South Main Street, legally described as Lot 2, Block A, Whitley Place Addition, zoned Commercial (C), located at 801 South Main Street Suite 101. Denton Highway Center, owner. Randy German, applicant. (SUP-21-0001)
Attachments: 1. 031621_TindahanSUP_ProposedOrdinance, 2. 031621_TindahanSUP_Maps, 3. 031621_TindahanSUP_Application, 4. 031621_TindahanSUP_Pictures, 5. Item H-7 Presentation: Tindahan Ni Kuya

To:                     Mark Hafner, City Manager

From:                     Julie Smith, Community Development Director

Subject:                     

Title

PUBLIC HEARING: Consider an ordinance approving a Specific Use Permit (SUP) for Tindahan ni Kuya, a proposed restaurant/grocery store to occupy a 1,400 square-foot lease space within a 13,140 square-foot multi-tenant building, situated on a 1.97-acre tract of land, located on the east side of South Main Street, approximately 1,700 feet north from the intersection of Wall-Price Keller Road and South Main Street, legally described as Lot 2, Block A, Whitley Place Addition, zoned Commercial (C), located at 801 South Main Street Suite 101. Denton Highway Center, owner. Randy German, applicant. (SUP-21-0001)

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Background:

On December 7, 2017, the City issued a remodeling permit and Certificate of Occupancy for Sno Dash Frozen Treats at this location.

 

Sno Dash Frozen Treats vacated the property in late October of 2020, and the space has remained vacant.

 

The Applicant is proposing to operate a restaurant/grocery store at this location, primarily offering Philippine food for both the restaurant and the grocery store. (See Application and Narrative Letter.) Because the applicant is providing items that are primarily for off-premise consumption (fish, meat, and other items), this requires an SUP in this zoning district (Commercial) per the Unified Development Code.

 

Grocery Store Definition:

“A retail establishment selling meats, fruits, vegetables, bakery products, dairy items and similar products for human consumption off-premises.”

 

Proposed Hours of Operation:

Monday- Sunday: 10 a.m. - 7 p.m.

 

Summary:

Section 8.02 (F)(2) of the UDC states that when considering a SUP request, the Planning and Zoning Commission and City Council shall consider the following factors:

 

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 February 11, 2021, the City mailed out eight 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 also posted on the site. 

 

As of March 8, 2021, Staff has not received any responses from the Public.

 

Planning and Zoning Commission Recommendation:

On February 23, 2021, the Planning and Zoning Commission recommended to approve by a vote of 6-1.

 

Alternatives:

The City Council has the following options when considering a Specific Use Permit:

 

§                     Approve as submitted.

§                     Approve with modified or additional condition(s).

§                     Table the agenda item to a specific date with clarification of intent and purpose.

§                     Deny.