TO: Mayor and City Council
FROM: Beth Beatty, City Manager
SUBJECT:
title
Ordinance Approving a Special Use Permit for Used Auto Sales, Located at 77 Republic Avenue. (ZBA 2024-12)
end
BACKGROUND:
The petitioner is requesting a Special Use Permit to allow used auto sales, at a facility located at 77 Republic Avenue. The property has an I-1 (Light Industrial) zoning designation. Per Section 47-14.3(D) of the City’s Zoning Ordinance, B-3 uses are permitted in the I-1 zoning district. Within the B-3 zoning district, automobile establishments for display, hire, sales, and minor repair, including outdoor sales lots, are permitted with a Special Use Permit, provided no part of a building where repairs are conducted shall have any openings other than permanently sealed windows or required fire exits within 100 feet of any residential zoning district. The petitioner has stated that the proposed used auto sales facility will not contain any auto repair uses.
The subject property is approximately 0.66 acres and contains the existing two-story car wash and office building. The property contains two full access points located to the north and south of the main building. Customers and employees would access the site from the south access point. Vehicles for sale would predominantly be stored inside the main building, along the north side of the building in the existing detailing bays, which are no longer in use. The attached site plan shows the proposed site layout. The Site Plan shows space for storage of up to approximately 11 vehicles inside the main building. The existing car wash will remain in operation.
Approval of the requested Special Use Permit would allow used auto sales at the existing car wash building at 77 Republic Avenue. The petitioner has stated that only high-end vehicles, typically at least $100,000 in value, would be sold at the subject property and that all vehicles will be kept inside the main building, apart from temporarily showcasing certain cars east of the main building along the Republic Avenue frontage. The auto sales use would require a maximum of four employees and would operate between the hours of 8:00 A.M. and 6:00 P.M. Mondays through Fridays. Since showings of vehicles will be conducted on an appointment only basis, staff does not have concerns about the increased traffic to the site that vehicle sales will produce with the existing car wash use. Minor service operations such as tire changes and oil changes would still be done at the subject property, but only for vehicles purchased from the petitioner. Major repair work will be sent out to other repair dealers in the area.
Staff finds that the petitioner has established with clear and convincing evidence that the criteria outlined in Section 47-5.2(C) of the Zoning Ordinance, which details the conditions that must be present for a special use permit to be issued, will be met with the proposed use and site plan. The site has adequate access and acreage to accommodate the small volume of vehicles that will be on site for sale. Vehicles will predominantly be located inside the existing main building and customer viewings will be conducted on an appointment only basis, thereby reducing the amount of traffic going to and coming from the site. The site contains adequate means of access for the proposed volume of activity. Furthermore, the proposed use would be situated within an I-1 (Light Industrial) zoning district, with industrial and warehouse uses to the north and west, and a larger car dealership use to the south.
ZONING BOARD OF APPEALS PUBLIC HEARING:
The Zoning Board of Appeals held a public hearing on this matter on April 18, 2024. John Bays represented the petition. Mr. Bays emphasized that all showings will be made only on an appointment only basis, and that the car wash would remain open. Minutes of the meeting are attached hereto.
RECOMMENDATION OF THE ZONING BOARD OF APPEALS:
recommendation
Ralph Bias motioned, and Bob Nachtrieb seconded, that the Zoning Board of Appeals approve Petition 2024-12: A Special Use Permit for used auto sales, located at 77 Republic Avenue. The motion carried by a vote of 5-0. Voting aye were: Hennessy, Nachtrieb, Bias, Alessio, and Roehr. Commissioner Riggs was absent.
end
RECOMMENDATION OF THE ADMINISTRATION:
recommendation
The Administration concurs with the Zoning Board of Appeals and recommends the Mayor and City Council approves the following, subject to the conditions listed below:
1. That the business shall be registered with the City Clerk’s Office.
2. That any vehicles displayed along the Republic Avenue frontage, east of the main building, do not block cross access between the north and south parking areas and are not parked east of the existing sidewalk along Republic Avenue.
3. All vehicles that are to be serviced for maintenance work be parked inside the subject property’s main building.
4. Should the property be declared a public nuisance, it shall be subject to a rehearing and a possible revocation of the Special Use Permit.
5. That the Special Uses 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 Uses, 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.
end