To: Planning and Zoning Commission
From: Katasha Smithers, Planner II
Subject:
Title
PUBLIC HEARING: Consider extending two Specific Use Permits (SUPs) until October 2027 to operate a retail store with used goods and merchandise sales, and outdoor display for Kid to Kid in a 4,416 square-foot lease space, within an existing 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-23-0003)
Background:
The property located at 750 South Main Street, Suite 135 has been occupied by Kid to Kid since 2015 after receiving their first SUP to operate a retail store with used goods in February of that year. The original SUP for sale of used goods ended after a 7-year term. The Applicant requested renewing the SUP for used goods and requested a second SUP for Outdoor Display. The City Council approved the request at its February 15, 2022, meeting but limited the SUPs to one year to make sure no issues arose from the outdoor display SUP. The Applicant is requesting the SUPs to run with the business until October 2027 to coincide with their lease agreement.
The Applicant proposes to continue utilizing 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.)
Hours of Operation:
Monday through Saturday 9 a.m. to 7 p.m.
Sunday 1 p.m. to 6 p.m.
SUP requests:
1. An SUP for Kid to Kid to operate a retail store with used goods and merchandise sales until October 31, 2027.
2. An SUP for Kid to Kid to utilize 112.5 square-feet of external space for outdoor display (during business hours) until October 31, 2027.
Citizen Input:
On January 12, 2023, the City mailed out ten 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 January 17, 2023, Staff has not received any responses from the public.
Summary:
Section 8.02 (F)(2) of the UDC states that when considering a SUP request, the Planning and Zoning Commission 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.
Alternatives:
The Planning and Zoning Commission has the following options when considering Specific Use Permit applications:
§ Recommend approval as submitted.
§ Recommend approval with modified or additional condition(s).
§ Table the agenda item to a specific date with clarification of intent and purpose.
§ Recommend denial.
City Council Action:
If the Planning and Zoning Commission takes action and makes a recommendation on this agenda item, then this Specific Use Permit application will be scheduled for City Council action on February 21, 2023.
Supporting Documents:
§ Maps
§ Staff Attachment - Application, narrative, and photos