Public Hearing and First Reading of an Ordinance on a request for a Special Use Permit (SUP) for the Permanent Mobile or Outdoor Food Vendor specific use within the Mixed-Use Downtown (MU-DT) zoning district on the property located at 201 East 9th Street bearing the legal description of Lot 6, Block 9, Glasscock Addition -- Andreina Dávila-Quintero, AICP, Current Planning Manager

Overview of the Applicant's Request:

The applicant is requesting a Special Use Permit (SUP) for the specific use of “Permanent or Outdoor Food Vendor” within the Mixed-Use Downtown zoning district for the operation of the John Mueller Black Box Barbecue food truck.

This Special Use Permit application is unique in that it is the first request submitted since the adoption of the new Mobile Food Vendor ordinance. Prior to this ordinance, Mobile Food Vendors were permitted with the approval of a Temporary Use Permit that was valid for three months and the option to reapply for a new Temporary Use Permit. The applicant has a Temporary Use Permit for the current operation, and is now requesting approval to permanently operate their food establishment at the current location in compliance with all Unified Development Code regulations. As a permanent mobile food vendor establishment site features and amenities such as restrooms, parking, utility connections and food truck manager will be provided on site.

Staff's Analysis:

Staff has reviewed the request in accordance with the Unified Development Code (UDC) and other applicable codes. Staff has determined that the proposed request meets the criteria established in UDC Section 3.07.030.C for a Special Use Permit, as outlined in the attached Staff Report.

Public Comments:

As required by the Unified Development Code, all property owners within a 300-foot radius of the subject property were notified of the Special Use Permit request (27 notices), a legal notice advertising the public hearing was placed in the Sun Newspaper (June 30, 2019) and signs were posted on-site. To date, staff has received nine (9) written comment in opposition of the request.

Based on the number of protests received for the request (20.14% of land within 200 feet of the property subject to the request), a 3/4 vote by the City Council is required to approve this Special Use Permit.

Planning and Zoning Commission:

At their August 6, 2019 meeting, the Planning and Zoning Commission recommended denial (4-3) of the request.