Agenda - Planning Commission - 06/06/2013

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Based on the need for designating customer and employee parking, there remains thirty-one (31) stalls available for motor vehicle display. Staff is recommending a condition that sets a maximum of thirty-one (31) vehicles for display at any one time. Additionally, no vehicle display shall be located on the street or within unimproved surface areas. The property abuts residential zoned parcels (R-1 Residential) to the south. Therefore, as outlined in City Code Section 117-115 (e) (14), screening must be provided between the outdoor display area and the abutting residential property. The application did not indicate any proposed landscaping or fencing. While not indicated anywhere in the application, Staff is recommending that, if the conditional use permit were approved, there be a condition that no outdoor speakers are used on site and that the motor vehicle detailing portion of the business be limited to the hours of 7:00 AM and 7:00 PM Monday through Saturday. Alternative # 1. Approve the request with specific conditions within the permit to mitigate potential nuisance factors and code violations. Motor vehicle sales is considered a conditional use in the B-2 Highway Business District. A conditional use provides the City the opportunity to place reasonable conditions within a permit to ensure that a use does not become a concern. The proposed permit includes conditions that prohibit the use of outdoor speakers, that require screening for the abutting residential property and limits the number of vehicles displayed on the property based on the existing improved surface area. Furthermore, the subject property is within the vicinity of similar or identical uses (motor vehicle sales). With the applicable conditions, Staff is supportive of the request. Alternative #2. Deny the request. Should the request be denied, Findings of Fact must be adopting specifically stating the reasons why the request is denied. Potential concerns with the proposed use could include the number of dealers operating out of a single site and parking/displaying of vehicles on unimproved surfaces. With a properly drafted permit, these issues could be mitigated and failure to comply with the conditions of the permit could be grounds for revocation. Staff has not observed conditions that would prevent the Applicant from complying with regulations once a permit is issued. Staff does not believe there is just cause at this time to deny the request. Funding Source: All costs associated with processing the Application are the responsibility of the Applicant. Staff Recommendation: Staff recommends approval of the Conditional Use Permit contingent upon compliance with the Staff Report dated May 31, 2013. Action: Motion to recommend that the City Council adopt Resolution # 13-06-102 adopting Findings of Fact #0915. -AND- Motion to recommend that the City Council adopt Resolution # 13-06-103 approving the Conditional Use Permit for motor vehicle sales contingent upon compliance with the Staff Report dated May 31, 2013. Attachments Site Location Map Applicant's Business Summary Proposed Interior Layout of Building Public Comment Received Opposing Conditional Use Permit Staff Report Dated Mav 31, 2013 Proposed Findings of Fact