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GARLAND
CITY COUNCIL ITEM SUMMARY SHEET
Agenda Item 7.a.
City Council Regular Session Agenda
Meeting Date:
02/07/2023
Item Title:
Consideration of previously denied Zoning Case, Z 22-54 Luis Fernando Gutierrez (District 5)
Submitted By:
Will Guerin
Summary of Request/Problem
Zoning Case Z 22-54 was denied by City Council on November 15, 2022. The applicant has requested Consideration of a Different Proposed Land Use and Plan, in accordance with GDC Section 2.05(K)(2). The subject property is located at 820 West Miller Road.
The applicant intends to file a new zoning application that would limit the commercial uses much more restrictively than previously proposed, based on a prospective retail tenant. The applicant intends to request a Planned Development (PD) limited to Retail and Restaurant uses. The previous proposal was a Planned Development with various Community Retail and Neighborhood Services Uses requested to be allowed.
GDC Section 2.05(K)(2) is as follows:
Consideration of a Different Proposed Land Use and Plan.
To be eligible to file an application to consider a different proposed land use and plan on a tract of land, or any portion thereof, to which Council has denied a zoning change within the previous 12 months, the applicant must first provide sufficient evidence demonstrating the new proposed land use and plan are substantially different than the initial application.
(a) The application for a change of zoning shall not be considered by the Plan Commission or the City Council, unless the City Council first determines in a public hearing that:
i. the proposed land use and plan are substantially different than that of the initial application; and
ii. the motion to grant a new application is approved by no less than three-fourths votes of the members of the Council then present and voting (but no less than five).
(b) In the event Council determines the proposed land use and plan are substantially different by the requisite number of votes, the applicant will then be eligible to file a new application with the Planning Department to change the zoning on the subject tract of land.
Recommendation/Action Requested and Justification
If approved, the applicant may file a new zoning application with the Planning Department and begin the public hearing process sooner than the 12-month waiting period per the GDC. The zoning case will be required to go through the Plan Commission and City Council for formal consideration.
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