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<br />. <br /> <br />. <br /> <br />REQUEST FOR CITY COUNCIL AGENDA ITEM <br /> <br /> <br />2004 <br /> <br />Aoorooriation <br /> <br />Exhibits: <br />Ordinance <br />Staff Report to P & Z <br />Minutes of the P&Z Meeting <br />Vicinity Map <br />Site Plan <br /> <br />Amount Requested: <br /> <br />N/A <br />N/A <br />N/A <br />N/A <br /> <br />Requested By: Nick Finan <br /> <br />Source of Funds: <br /> <br />Department: Plan nine <br /> <br />Account Number: <br /> <br />Report: _Resolution: _Ordinance: --X.- <br /> <br />Amount Budgeted: <br /> <br />SUMMARY & RECOMMENDATION <br /> <br />Mr. James Elmore, on behalf of the owner Ben F. Weems, wants to build a convenience store with a fueling <br />~station and drive-through restaurant on 3.0 acres ofland located at the southeastern comer of Wharton Weems <br />Boulevard and State Highway 146. The property is zoned Planned Unit Development (PUD). According to <br />Section 106 -699(b) of the Ordinances, the tract ofland for which a planned unit development project is proposed, <br />shall contain not less than five acres. Here, the said project is proposed for three acres ofland. So, in lieu of special <br />regulations for PUD district, the applicant is requesting a zone change. On January 22, 2004, Mr. Elmore <br />submitted an application for a zone change from Planned Unit Development (PUD) to General Commercial <br />(Ge). The application was presented to the Planning and Zoning Commission on February 19,2004. By a <br />unanimous vote (7-0), the Commission forwarded recommendation to City Council to disapprove zone change <br />request #R04-001. See staff's comments attached and P&Z minutes, both reflect seven (7) items of concerns. <br /> <br />City Council may affirm the Commission's recommendation to disapprove the zone change request. This <br />would be voting against the proposed ordinance and requires only a simple majority. City Council may <br />overrule the Commission's recommendation and approve the zone change request. This would be voting in <br />favor of the proposed ordinance and requires a minimum of seven affirmative votes (3/4 rule). <br /> <br />If approved, the next step for the applicant would be to submit a Minor Development Site Plan in accordance <br />with the City's Development Ordinance. <br /> <br />Action ReQuired bv Council: <br />1. Conduct public hearing. <br />2. Consider disapproval of the zone change request #R04-001. <br />3. Consider overruling the Commission's recommendation and approve #R04-001. <br /> <br />ADDroved for City Council Al!enda <br /> <br />Di~~*;;~~ <br /> <br />J--/& -0 i- <br /> <br />Date <br />