Item 06: Rezoning 2.78 Acres of Land Located at 5900 Block of South IH-35

[COSM_Admin]

Consider approval of Ordinance 2021-93, on the second of two readings, amending the Official Zoning Map of the City in Case No. ZC-21-17 by rezoning approximately 2.78
acres of land, generally located in the 5900 Block of South IH-35, from “FD” Future Development District and “AR” Agricultural Ranch District to “CM” Commercial District, or, subject to consent of the owner, another less intense zoning district classification, and including procedural provisions.

 

[JHughson]

What would be the usual procedure for a zoning request with a CUP component?
Would the CUP have to be approved by the PZC before the zoning request moved to Council?
If so, why are we seeing the rezoning request before the CUP has been seen by the PZC?

 

[COSM_Admin]

Response to Mayor Hughson, provided by Amanda Hernandez, Assistant Director of Planning:
What would be the usual procedure for a zoning request with a CUP component? If we know a CUP is required at the time of zoning application staff can run the applications concurrently. P&Z’s approval would not be effective until the zoning was finally approved by Council.
Would the CUP have to be approved by the PZC before the zoning request moved to Council? No, the CUP does not have to be approved first. While the process above is one way to do it. Zoning is what determines if a CUP is even required. Most CUP requests have zoning in place and are processed separately.
If so, why are we seeing the rezoning request before the CUP has been seen by the PZC?
There is no requirement for the CUP to be approved first. Since staff did not anticipate a CUP with the initial HC request we processed the zoning following the typical process. Council is at the point in the process where second reading is placed on the agenda immediately following first reading. Staff will process the CUP separately.