To: Mark R. Hafner, City Manager
From: Julie Smith, Director of Community Development
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving an extension of a Specific Use Permit (SUP) to operate a retail store with used goods and merchandise sales for Kid to Kid in an existing 4,416 square-foot lease space, within a 33,955 square-foot multi-tenant building, situated on a 4.0-acre lot on the west side of South Main Street, approximately 1,000 feet southwest from the intersection of Bear Creek Parkway and South Main Street, at 750 South Main Street, Suite 135, being Lot 5, Block A, Bear Creek Plaza Addition, and zoned Commercial (C). BC III Shopping Center, LLC, Owner. Darren Aper, Applicant. (SUP-21-0042)
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Background:
The property located at 750 South Main Street, Suite 135 has been occupied by Kid to Kid for the past six and half years. The Applicant received an SUP approval by City Council on February 3, 2015 until February 3, 2022. The Applicant is requesting the SUP to run with the business for as long as the business continues to operate at this location.
The Applicant also proposes to utilize 112.5 square-feet of external space to display merchandise such as strollers, ride-on toys, and bicycles. The Applicant proposes to place the merchandise outdoors only while the store is open. No merchandise will be stored outside overnight. (See Staff Attachment A.)
Hours of Operation:
Monday through Saturday 9 am to 7 pm
Sunday 1 pm to 6 pm
SUP requests:
1. An SUP for Kid to Kid to operate a retail store with used goods and merchandise sales with outdoor display (during business hours).
Citizen Input:
On December 30, 2021, the City mailed out nine 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 on December 30, 2021.
As of today, Staff has not received any responses from the public.
Planning and Zoning Recommendation:
On January 11, 2022, the Planning and Zoning Commission approved the item by a vote of 5- 2 (Nays: Osgood and Sagar) with the condition that if the business changes ownership or business name or the business model expands, then a new SUP will be required.
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.
City Council Alternatives:
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.
Supporting Documents:
-Maps
-Staff Attachment A - Application, letter, and photos