6/11/2012
Honorable Mayor and Councilors
City Manager
City Attorney
Clerk of Council
Subject: (EXCP- 4-12-1884) Special Exception Use request to operate Auto/Truck sales on
less than 2 acres located at 3115 5th Avenue.
Kutima and Bass Dealership, Inc. / Anthony Bigmall have submitted an
application for the Special Exception Use cited above. The property is located
in a GC (General Commercial) zoning district. The site for the proposed
dealership is approximately 0.61 acres. The applicant has submitted a site
plan, which is attached. The purpose of the Special Exception Use is to allow
for the operation of an auto sales dealership on less than 2 acres:
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Access. - Is or will the type of street providing access to the use be adequate to serve the proposed special exception use?
5th Avenue is classified as a local road; 32nd Street is classified as a
collector/local road; and 29th Street is classified as a collector road. All
are two lane roads (undivided).
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Traffic and Pedestrian Safety. - Is or will access into and out of the property be adequate to provide for traffic and pedestrian safety, the anticipated volume of traffic flow, and access by emergency vehicles?
The site allows ingress/egress to a local road connected to 29th Street and
32nd Street, which should maintain adequate flow of traffic to and from the
subject property.
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Adequacy of Public Facilities. - Are or will public facilities such as schools, water or sewer utilities, and police or fire protection be adequate to serve the special exception use?
Services such as water, sewer, utilities, police, and fire protection will be
adequate and serve the proposed use at this location. Furthermore, there will
be no impact on neighboring schools in the immediate area.
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Protection from Adverse Affects. - Are or will refuse, service, parking and loading areas on the property be located or screened to protect other properties in the area from such adverse effects as noise, light, glare or odor?
Off-street parking will be utilized on-site. The property has a total of
26,836 sq. ft. and existing construction totaling 10,731 sq. ft. The fifty (50)
percent lot coverage cannot exceed 13,418 sq. ft. leaving only 2,687 sq. ft.
for parking. No more than 10 parking spaces shall be allowed on-site in order
to meet the 50% percent lot coverage requirement specified in section 3.2.8 of
the Unified Development Ordinance. Four (4) parking spaces already exist, but
the applicant is required to build six (6) additional spaces.
No buffer requirement exists for GC property abutting GC property and the
applicant is not planning to add any new buildings, expand or remodel the
existing ones. External dumpsters/compactors and lighting are addressed in the
UDO. Noise impacts are addressed in the City Code.
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Hours of Operation. - Will the hours and manner of operation of the special exception use have no adverse effects on other properties in the area?
The hours of operation for this use will not have an adverse impact on the
neighboring properties in the area.
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Compatibility. - Will the height, size or location of the buildings or structures on the property be compatible with the height, size, character or location of buildings or other structures on neighboring properties?
The height, size and location of the proposed structure will be compatible with
other structures on neighboring properties.
Council District: District 8 (McDaniel)
Forty Six (46) property owners within 300 feet of the property have been
notified by mail of the proposed Special Exception Use. To date, the Planning
Department has not received any comments regarding this request.
Additional Information: A Special Exception Use must be obtained before
operation of a car/truck dealership under 2 acres. The current use for the
property is an office and tire/body shop and the proposed use is an auto/truck
dealership. There is no change in traffic patterns from the current use to the
proposed use; therefore, we don?t anticipate having any impact on the traffic.
The Planning Advisory Commission recommended approval at the June 6, 2012
meeting.
The Planning Department recommends that the Council conditionally approves the
use because the application for a Special Exception use meets the criteria for
approval. The recommended condition is: The property shall not have more than
ten (10) off-street parking spaces in order to comply with the fifty (50)
percent lot coverage requirement established under the Unified Development
Ordinance.