STAFF REPORT
TO: Planning & Zoning Commission Members
FROM: Planning Division Staff
REQUEST:Title
Request to Adopt Resolution No. 26-08 Approving a Major Conditional Use Permit for 1890 Acoma Boulevard West, Tract 141, Block 9, Lot 1, Allowing a Mobile Food Unit to Operate Tuesday through Sunday from 7:00am to 5:00pm in the General Commercial District (C-2) (Carrington Meadows)
Body
GENERAL INFORMATION:
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Application No.: |
26-5412 (PZ26-00180) |
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Property Legal: |
Tract 141, Block 9, Lot 1 |
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Property Address: |
1890 Acoma Blvd. West |
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Lot Size: |
0.41 acres |
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Applicant: |
Brian McGrew |
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Property Owner: |
Living World Family Church, represented by Maureen Collins |
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Staff Project Manager: |
Carrington Meadows |
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Current/Proposed Zoning: |
General Commercial District (C-2) |
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Existing/Proposed Use: |
Religious Facility, Mobile Food Unit parked in rear parking lot |
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Proposed Number of Lots/Units: |
N/A |
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Density |
N/A |
PROPERTY AND APPLICATION BACKGROUND:
The subject property is located on Acoma Boulevard West between Commander Drive and Enterprise Drive. The lot fronts Acoma Boulevard West and is bordered by an alley along the west and rear that reconnects to Acoma Boulevard West. The property and adjacent properties to the east, west, and north are zoned General Commercial (C-2). Properties to the south and southwest, across the alley and industrial drain, are zoned Light Industrial (LI). Area and zoning maps are attached.
The Matcha Bakery Mobile Food Unit will serve gourmet coffee, beverages, and prepackaged baked goods. The 24’ x 8’ mobile food trailer will occupy three parking spaces within the designated Parking in Common area along the south side of the building, positioned no closer than 3 feet from all structures. Placement of the mobile food unit ensures minimal impacts on parking, circulation, visibility, and church activities, particularly on Sundays. Parking spaces occupied by the mobile food unit will not reduce parking availability enough to require a Parking in Common amendment. The site has two entrances from the alley on the west and south. Operating hours are 7:00 a.m. to 5:00 p.m., Tuesday through Sunday, generally outside the church’s primary use periods.
While a minor increase in traffic is anticipated, the existing parking lot provides adequate capacity for the Mobile Food Unit.
Existing utilities are available on-site. Electrical service on the south wall provides 240V/50A and 120V/20A power. A water connection is located about 40 feet east of the electrical panel and 15 feet from the trailer. A serviced dumpster is also available.
Under Chapter 5.24 of the City Code, Mobile Food Units may operate on privately developed property in mixed-use or special-purpose zoning districts and/or Parking in Common areas for up to one year with an approved Major Conditional Use Permit (CUP). The property owner, Living Word Family Church, represented by Maureen Collins, has authorized the proposed Mobile Food Unit on the property.
COMMENTS FROM OTHER REVIEWERS:
The following comments were provided by the Fire Department:
1. No cooking allowed; only prepackaged goods, coffee, and item warming permitted.
2. Mobile Food Unit must remain at least 3 feet from the building.
3. A Fire Department inspection is required for the Business License, including verification of the 240V/50A service.
No objections were received from any other agencies or departments during the review process.
STAFF ANALYSIS:
Development Code Section 14.05.04(G)(4) provides the findings necessary for the approval of a Conditional Use Permit. The Planning Commission may only approve the permit after finding that:
a) The proposed use is allowed with a minor or major conditional use permit, as appropriate to the request, within the applicable zoning district and complies with all applicable provisions of this Development Code;
i. The proposed Mobile Food Unit is allowed within the General Commercial (C-2) Zoning District upon approval of a Major Conditional Use Permit and complies with all other provisions, performance standards, and development requirements of the Development Code.
b) The proposed use is consistent with the goals and policies of the General Plan and any applicable specific plan;
i. The proposed Mobile Food Unit is consistent with the goals, objectives, and policies of the General Plan. The project supports the General Plan’s Commercial Mixed-Use designation by utilizing an unused area while promoting reinvestment within an established commercial corridor. The proposed use aligns with the intent of the General Plan by promoting commercial activity in an appropriate location.
c) The establishment, maintenance, or operation of the use would not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use;
i. The proposed Mobile Food Unit will not be detrimental to the health, safety, or general welfare of the surrounding neighborhood. The project is intended to fully comply with applicable development standards, including requirements related to safety, noise, parking, and traffic circulation. Business operations will be managed accordingly to ensure compatibility with nearby residential properties and to prevent disruptions to adjacent lots.
d) The use, as described and conditionally approved, would not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City;
i. The proposed Mobile Food Unit will not be detrimental or injurious to nearby properties, improvements, or the general welfare of the City. The Mobile Food Unit will occupy a portion of the existing building’s “Parking-in-Common” parking lot, which was developed in accordance with all applicable building and development standards, ensuring compatibility with surrounding uses and supporting the overall welfare of the community.
e) The subject site is adequate in terms of size, shape, topography, and circumstances and has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic expected to be generated by the proposed use;
i. The subject property is adequate in size, shape, and topography to accommodate the proposed Mobile Food Unit while meeting all required setbacks, parking, and operational standards. The parking lot provides two points of access to the alley at the west and the south sides of the parking lot offering circulation options supporting customer traffic for the primary use of the property as well as the proposed Mobile Food Unit. The only expected parking conflict in a church parking lot is during Sunday services when all surrounding business are closed with any overflow parking being easily handled by on street parking near the site.
f) The design, location, operating characteristics, and size of the proposed use would be compatible with the existing and future land uses in the vicinity, in terms of aesthetic values, character, scale, and view protection.
i. The proposed Mobile Food Unit is compatible with the surrounding neighborhood. Daily operations-including standard business hours and shared off-street parking will ensure there are no adverse visual, traffic, or noise impacts on adjacent properties.
In reviewing a Conditional Use Permit request, the Commission may impose conditions deemed reasonable and necessary to ensure that the approval will comply with the required findings preserving the public health, safety, and general welfare of the area.
STAFF CONDITIONS FOR CODE COMPLIANCE:
Staff included Conditions for Code Compliance listed below should the Planning Commission decide to approve Land Use Action 26-5412 for a Conditional Use Permit for 1890 Acoma Boulevard West, Tract 141, Block 9, Lot 1, Allowing a Mobile Food Unit to operate Tuesday through Sunday from 7:00am to 5:00pm in the General Commercial District (C-2).
1. This Conditional Use Permit shall expire on October 7, 2027, and will require a renewal application to continue operating beyond this date.
2. The Mobile Food Unit must remain on a paved surface at least 10 feet from property lines, excluding alleys, and 3 feet from the building, and is limited to three parking spaces to minimize impacts within the Parking in Common area.
3. No overnight storage of business-related equipment, trailers, or accessories is allowed in Parking in Common areas.
4. All customer and employee vehicles must park in designated spaces and may not block drive aisles or shared access points.
5. All required state, county, and local licenses, including Health Department permits, Fire inspection, and a City Business License, must be obtained prior to operation.
6. All requirements in City Code Chapter 5.24 must be met at all times.
7. If the property owner revokes permission for the Mobile Food Unit to operate on-site, the Conditional Use Permit is immediately terminated.
8. The applicant must submit a new application for a Major Conditional Use Permit for review by the Planning and Zoning Commission if the intensity of the use increases, such as adding grease cooking or hot food preparation in the mobile food unit.
ATTACHMENTS:
Resolution No. 26-08
Area Map
Zoning Map
Letter of Intent
Site Plan
POSSIBLE MOTION:Recommended Action
I move to adopt Resolution No. 26-08, approving a Major Conditional Use Permit for 1890 Acoma Boulevard West, Tract 141, Block 9, Lot 1, to allow a Mobile Food Unit to operate Tuesday through Sunday from 7:00am to 5:00pm in the General Commercial District.
I move to NOT adopt Resolution No. 26-08 and thereby deny approving a Major Conditional Use Permit.