TO: Mayor and Members of City Council
THRU: Kristoff Bauer, ICMA - CM, Deputy City Manager
FROM: Craig M. Harmon, AICP, CZO - Senior Planner
DATE: June 26, 2017
RE:
Title
P17-16F The issuing of a Special Use Permit to allow automotive repair within 100 feet of residential development in an LC - Limited Commercial Zoning District, located at 5327 Raeford Road near the intersection of Raeford & Pompton roads being the property of Joan Allen Johnson.
end
COUNCIL DISTRICT(S):
Council District(s)
5
b
Relationship To Strategic Plan:
Growth and Development
Executive Summary:
Precision Tune Auto Center wishes to construct a store at this location.
Background:
The proposed facility would provide automotive maintenance, minor repairs and tire service, such as oil changes. A/C repair, tires, brakes, alignments, fluid maintenance services, diagnostics and shocks and struts.
Applicant: Joan Allen Johnson (Precision Tune Auto Center)
Requested Action: SUP for minor auto repair in an LC district
Property Address: 5327 Raeford Road
Council District: 5
Status of Property: Vacant
Size: 1.79 acres +/-
Adjoining Land Use & Zoning:
North - LC - Commercial
South - SF-10 Single Family (separated by Dairy Dr)
West - LC - Commercial
East - LC - Commercial & SF-10 Single Family
Letters Mailed: 68
Land Use Plan: Heavy Commercial
Strategic Plan:
Goals 2020: Policy 2.9: NEW DEVELOPMENT AND INFILL DEVELOPMENT shall be especially encouraged in locations where a full range of urban services and infrastructure (i.e. schools, fire stations, water and sewer facilities, parks, and roads) is already in place, and where the public sector will not incur the full cost for building new facilities to serve the area.
Policy 3.1: Recognizing that infrastructure has a powerful influence on growth and development, the availability of infrastructure (along with other factors) should determine WHERE DEVELOPMENT WILL OCCUR in the region, rather than the other way around.
Policy 3.3: DEVELOPMENT INTENSITY should be matched, generally, with the availability of infrastructure. There will be locations, however, where infrastructure alone cannot make up for poor soils, inadequate topography (drainage), or other overriding factors.
Additional Reviews:
Technical Review Committee (TRC) - A preliminary review was conducted on this site. The TRC had no major concerns with this proposed development. .
Issues/Analysis:
This property is currently undeveloped. Precision Tune’s proposed hours of operation would be Monday to Friday 8am to 6pm and Saturday 8am to 5pm. The business would be closed on Sunday. The business looks to employ a total of 12 workers and expects 35-45 clients each day. All repairs will be conducted inside where the service bays are located. There will be no overnight storage of vehicles outside. The applicant proposed a 30 foot type D buffer next to all residential zoning districts. This is 10 feet greater than what is required by the City’s UDO.
Proposed Conditions:
1. Hours of operation - Monday to Friday 8am to 6pm and Saturday 8am to 5pm.
2. 30 foot Type D buffer where abutting residential.
3. There will be no overnight storage of vehicles outside.
On June 13th the Zoning Commission held a public hearing regarding this case. There were two speakers in favor and none in opposition. The Commission voted 5-0 to recommend approval.
The Zoning Commission and City staff recommend APPROVAL of a SUP based on:
1. The City’s Land Use Plan calls for heavy commercial on this property.
2. The hours of operation, listed under conditions, limit the time where there may be conflicts between the business and any adjoining residential.
3. The owner has conditioned to increase the Type D buffer to 30 feet
Budget Impact:
This action would result in an increase in City services which would be offset by the increased tax revenue collected for this proposed project.
Options:
1) Approval of the SUP with conditions as listed above. (Recommended)
2) Approval of the SUP with additional conditions.
3) Denial of the SUP.
Recommended Action:
PROPOSED MOTION
I move to APPROVE / DISAPPROVE the Special Use Permit (SUP) to locate an automotive repair business within 100 feet of residential development in a LC District, located at 5327 Raeford Road, as presented by staff, with three (3) conditions listed above, based on the standards of the City's development code, and that the application is inconsistent / consistent with applicable plans because: (1) the development is/is not located in a commercial zoning district and (2) that this use complies/does not comply with the findings listed below and (3) the proposed permit is/is not in the public interest because the proposed SUP does/does not fit with the character of the area.
[Applicable to Motion to Approve] This Special Use Permit shall become effective ten days after its approval by the City Council. Unless specified otherwise by the City Council, the SUP shall expire one year from its proposed effective date of July 6, 2017, if a building permit is not issued within that time.
*For a motion to approve, all eight findings below must be met. For a motion to deny only one of the findings shown below needs to fail.
(1) The special use will comply with all applicable standards in Section 30-4.C, Use-Specific Standards; [insert supporting facts]
(2) The special use is compatible with the character of surrounding lands and the uses permitted in the zoning district(s) of surrounding lands; [insert supporting facts]
(3) The special use avoids significant adverse impact on surrounding lands regarding service delivery, parking, loading, odors, noise, glare, and vibration; [insert supporting facts]
(4) The special use is configured to minimize adverse effects, including visual impacts of the proposed use on adjacent lands; [insert supporting facts].
(5) The special use avoids significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources; [insert supporting facts]
(6) The special use maintains safe ingress and egress onto the site and safe road conditions around the site; [insert supporting facts.]
(7) The special use allows for the protection of property values and the ability of neighboring lands to develop the uses permitted in the zoning district; [insert supporting facts]
(8) The special use complies with all other relevant City, State, and Federal laws and regulations. [insert supporting facts]
Attachments:
Zoning Map
Current Land Use Map
Land Use Plan Map
Application
Site Photos