Title
Conduct a public hearing for Zoning Application No. Z0321-0183, submitted by Paula Najera, for a change of zoning from General Retail to Commercial with a Conditional Use Permit to allow a Paraphernalia Shop with a modification to allow a paraphernalia shop to be less than 500 feet from a residential zoning district, located at 1925 Towne Centre Drive.
(No responses in favor and two in opposition to the application have been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends denial.)
Body
The applicant has a certificate of occupancy for “Retail tobacco products and accessories”. However, many of the products sold at the business Bubba’s Glasswerks are defined in the Mesquite Zoning Ordinance as “paraphernalia”. In order to sell any amount of paraphernalia in Mesquite, the property must be zoned either Commercial or Industrial, be at least 500 feet from several other uses including residential zoning districts and obtain a Conditional Use Permit. The proposed paraphernalia shop is only 288 feet from the nearest residential zoning district, 212 feet closer than the minimum requirement.
It is staff’s opinion that the change of zoning from General Retail to Commercial is in conflict with the Comprehensive Plan and that the proposed paraphernalia shop does not meet the criteria for a Conditional Use Permit.
On April 12, 2021, the Planning and Zoning Commission voted unanimously to deny a change of zoning from General Retail to Commercial with a Conditional Use Permit to allow a Paraphernalia Shop. The applicant submitted a timely appeal of the Planning and Zoning Commission’s denial.
Recommended/Desired Action
Conduct a public hearing. If the Council approves the request, an ordinance will be placed on the May 17, 2021 City Council agenda.
Attachment(s)
Staff report & maps
P&Z minutes
Appeal Letter
Drafter
Jeff Armstrong
Head of Department
Jeff Armstrong