TO: Mayor and City Council
FROM: Beth Beatty, City Manager
SUBJECT:
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Ordinance Approving a Special Use Permit to Allow a Used Truck Dealership, Located at 251 Republic Avenue (ZBA 2024-52)
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BACKGROUND:
The petitioner and business owner, Umid Olimov with Longhorn Truck Sales, is requesting approval of a special use permit for a used truck dealership at 251 Republic Avenue. The petitioner proposes to use this site to repair and sell surplus semi-tractors from their trucking business, which is located elsewhere. The property was most recently occupied by a truck repair facility for JND Truck Repair, which was approved by special use permit in 2013.
The Republic Avenue corridor contains a mix of commercial and industrial uses with mostly I-1 (light industrial) zoning. The subject property is zoned I-1 and contains a 16,000-square-foot industrial building surrounded by an asphalt parking area. The petitioner plans to have five to seven tractors for sale on display at the front of the site adjacent to Republic Avenue. Vehicles awaiting repair will be parked on the north side and center of the site. Only the trucks to be sold will be repaired at this site. Repair services will not be open to the public.
The petitioner estimates they will sell around two to three tractors per week, with prices ranging from $15,000 to $25,000. The business does not sell semi-trailers and will rarely have trailers on site. Proposed hours of operation are Monday through Saturday 8 AM to 6 PM. The business will have five employees.
Economic Development staff have reviewed this request and believe that the proposed use is appropriate given the history of the site.
ZONING BOARD OF APPEALS PUBLIC HEARING:
The Zoning Board of Appeals held a public hearing on this matter on October 17, 2024. Umid Olimov, petitioner and business owner, represented the petition. One person appeared in opposition to the petition. No one submitted comments in opposition to the petition. Meeting minutes are attached.
RECOMMENDATION OF THE ZONING BOARD OF APPEALS:
Jim Riggs moved that the Zoning Board of Appeals recommend denial of the Special Use Permit request to allow a used truck dealership at 251 Republic Avenue. Debbie Radakovich seconded the motion, which passed with four (4) aye votes and two (2) nay votes. Voting aye were: Hennessy, Nachtrieb, Riggs, and Radakovich. Voting nay were: Bias and Roehr.
RECOMMENDATION:
recommendation
The Administration does not concur with the recommendation of the Zoning Board of Appeals and recommends that the Mayor and City Council adopt an Ordinance approving the Special Use Permit to allow a used truck dealership at 251 Republic Avenue, subject to the following conditions:
1. That all service and repairs shall be performed within the building;
2. That inoperable vehicles shall not be stored outdoors for longer than 7 days;
3. That adequate off-street parking for customers and employees shall be provided and remain into the future;
4. That a City business license shall be obtained;
5. That the Special Use granted shall herein terminate and lapse unless a building permit or certificate of occupancy is obtained not later than 180 days of the effective date of this ordinance and the erection or alteration of a building is started or the use is commenced within such period. The Board may grant an extension of this period, valid for no more than one hundred and eighty (180) additional days, upon written application and good cause shown without notice or hearing. Whether or not there is an intention to abandon the Special Use, if any special use is discontinued for a continuous period of one year, or if an intent to abandon the Special Use is evident in a shorter period of time, the Special Use for such use shall become void, and such use shall not thereafter be reestablished unless a new Special Use Permit is obtained; and
6. Should the property be declared a public nuisance, it shall be subject to a rehearing and a possible revocation of the Special Use Permit.
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