Community Development Department Special Exceptions for: Automotive parts (e.g. accessories and...

Community DevelopmentDepartme

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Special Exceptions for: Special Exceptions for: Automotive partsAutomotive parts

(e.g. accessories and tires)(e.g. accessories and tires)and and

Automotive, Recreational Vehicle, and Automotive, Recreational Vehicle, and Boat DealersBoat Dealers


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RequestSpecial Exceptions to allow:

• Window tinting and automotive audio installation classified as Automotive parts (e.g. accessories and tires) and

• Vehicle sales, classified as Automotive, Recreational Vehicle and Boat Dealers

Special exceptions are: uses that are not similar in nature to the uses permitted in the zoning district, but which are desired in the community with appropriate controls where a suitable location is available.

FLU and Official Zoning Maps


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Aerials


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Applicant Provided Site Plan/Survey


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Site PhotosFRONT:


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Site Photos

• Side/rear


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Site Photos

Rear


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Site Photos

Retention pond


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Site Photos

South, towards I-95


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Site Photos

• Under power line – facing north


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Site Photos

Old Kings Road


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Site Photos• Front


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Evaluation of SE Requests:

1. Inconsistent with purpose and intent of CityLDC?

2. Inconsistent with the Comprehensive Plan?

3. Adversely affect public interest?

4. Requirements applicable for specific request?

Automotive Parts:

Automotive Sales:

1. Not inconsistent with controls

1. Notinconsistent with controls

2. No, not inconsistent

2. Yes, inconsistent

3. No, with controls

3. Yes, intensity and use conflict with controls

4. None in LDC 4. None in LDC; inconsistent with Comp. Plan


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5. Compliance with Federal, State, local, or Board imposed conditions?

6. Generates undue traffic congestion?

7. Creates a hazard or public nuisance?

8. Materially alter the character or adversely affect the value of land, structures or buildings of the surrounding area?

Automotive Parts:

Automotive Sales:

5. Yes, compliance possible

5. No, Comprehensive Plan & parking

6. No, does not exceed traffic standards

6. No, does not exceed traffic standards

7. No, with conditions

7. Yes, nuisance due to use

8. No, with conditions

8. Yes, operational conditions conflict with use


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9. Adversely affect environment, including pollution and scenic beauty?

Automotive Parts:

AutomotiveSales:

9. No, with controls

9. No, Code Enforcement regulates noise


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Recommendation

• Staff recommends approval in part and denial in part of Application No. SE-OTH-08-06 as follows:

Approve Special Exception request to allow Automotive Parts (e.g. accessories and tires) based upon the following nine conditions:

1. The uses are limited to window tinting and stereo installation;

2. All work must be performed within an enclosed CBS (Concrete BlockStructure) or similar structure (no wood or metal building) in order to dampen any sound;

3. Any vehicular bay doors must face Interstate 95;

4. The hours of operation are limited from 10:00 am to 6:00 pm, Monday through Saturday;

5. No outside storage of any type is permitted;


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Recommendation (continued)

6. The applicant must install landscaping;

7. The site plan, including conceptual architectural elevations, shall be submitted to the PLDRB for its review and approval or denial;

8. The Special Exception is granted for a maximum of 2 years during which the applicant may pursue construction of the approved use. If construction has not begun within the 2 year time period the applicant may apply for a one time extension upon the showing of good-faith reliance. Such extension shall not exceed 12 months and is subject to approval by the Community Development Director. If construction has not begun by the end of the extended period, the applicant must reapply for a Special Exception.

9. The applicant executes a Unity of Title for the property that prohibits further subdivision unless the City agrees to the release.


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Recommendation (continued):• Deny the Special Exception request to allow Automotive, Recreational

Vehicle and Boat Dealers based upon the following findings:

• The request is inconsistent with the following Comprehensive Plan Chapter 3-Housing Element policies:

– Policy 3.3.4.1 – The City shall amend the LDC to include development standards that provide greater setback and buffering requirements between established residential areas and other uses to ensure compatibility between uses.

– Policy 3.3.4.2 – The City shall develop neighborhood compatibility criteria which shall be utilized by the City to review applications for Future Land Use Map amendments rezoning and special exceptions to ensure that proposed land uses and development do not adversely impact existing residential areas.


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Recommendation (continued)Automotive, Recreational Vehicle, and Boat Dealers, by their nature, require vehicle display available to the travelling public. Although the applicant has proposed to limit the intensity (2 spaces), vehicle display across from the entrance of a subdivision is an inappropriate land use at this location because:

• The site is inadequate to increase buffer widths to shield the adjacent residential area from the proposed vehicle display areas

• A parking deficit is created by converting two parking spaces to display spaces.

• The east side of Old Kings Road in the immediate area and farther north is residential, creating the likelihood of “turn arounds” in residential areas.

• The use is considered more intense due to the size of the product for sale, the need to test drive, storage requirements, and onsite parking requirements.


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Recommendation (continued)

• Automotive repair and maintenance is treated as a Special Exception by the LDC. Any request for sales, especially of used vehicles, should be accompanied by a request for a Special Exception to allow automotive repair and maintenance.

Upon approval, the Chairman will be provided a development order to execute providing for the approval. If denied, the Chairman will be provided with a denial development order to execute.

Community Development Department Special Exceptions for: Automotive parts (e.g. accessories and...

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