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File #: 18-0531    Version: 1 Name: 5/7/18 -- Ordinance to Rezone Briarwood Mall Parcel 2
Type: Ordinance Status: Passed
File created: 5/7/2018 In control: City Council
On agenda: 6/4/2018 Final action: 6/4/2018
Enactment date: 5/7/2018 Enactment #: ORD-18-11
Attachments: 1. 18-11 Briarwood Rezoning Ordinance Briefed and Approved.pdf, 2. 18-11 Briarwood Mall Rezoning Briefed.pdf, 3. Ordinance to Rezone Briarwood Mall Parcel 2.pdf, 4. March 20, 2018 Planning Staff Report, 5. 18-11 Briarwood Rezoning Ordinance Approval Notice.pdf
Related files: 18-0484
An Ordinance to Amend Chapter 55 (Zoning), Rezoning of Approximately 1.8 Acres from P (Parking District) to C2B (Business Service District), Briarwood Mall Parcel 2 Rezoning, 700/720/760 Briarwood Circle (CPC Recommendation: Approval - 7 Yeas and 1 Nays) (Ordinance No. ORD-18-11)
Approval of this resolution will rezone a 1.8-acre portion of a 4.4-acre parcel from P to C2B to allow commercial activities such as special sales and entertainment events to be held in that area.

The Briarwood Mall consists of six parcels owned by five different entities. Briarwood LLC owns parcels 1 and 2. Parcel 2, 4.4 acres, is a relatively narrow, irregular shaped lot that includes two freestanding restaurants (occupying about 1 acre), three rows of parking stalls (occupying about 1.8 acres) and two private streets. The area under the restaurants is currently zoned C2B while the area of the parking stalls and private streets is zoned P.

The applicant seeks to enable temporary outdoor sales by businesses and vendors that do not have a brick-and-mortar presence on these parcels or within the Mall to occur, such as tent sales of spring plants, fall pumpkins, Christmas trees, and boat/rv/car shows, etc. As the P district allows just one permitted principle use, the storage of personal vehicles, none of those events can currently take place. Upon rezoning to C2B, a business or vendor with permission from property owner Briarwood LLC may apply to the Planning Commission for special exception use approval for their desired activity on Parcel 2. This situation already occurs at other shopping centers in the City, two examples being the fireworks tent at Maple Village Shopping Center (zoned C3) and the westside farmers market at Westgate Shopping Center (zoned C3).

No new construction or site improvements are proposed as part of this rezoning request.

The applicant requested that both of their parcels, the 27.5-acre Parcel 1 (of which 13.1 acres is curren...

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