TO: Mayor and Members of City Council
THRU: Kelly Olivera - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Will Deaton, AICP - Planning & Zoning Manger
Craig Harmon, CZO - Senior Planner
DATE: May 28, 2024
RE:
Title
SUP24-04. Special Use Permit (SUP) to allow the reduction of the separation requirement between an automotive wrecker service and residentially zoned property located at 639 Gillespie Street (REID # 0436592379000) and being the property of H & A Joint Adventures LLC and Jainelys Prather of J & P Towing and Transporting LLC.
end
COUNCIL DISTRICT(S):
Council District(s)
2 - Malik Davis
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022
Goals 2027
Goal II: Responsive City Government Supporting a Diverse and Viable Economy
• Objective 2.1 - To ensure a diverse City tax base
• Objective 2.4 - To sustain a favorable development climate to encourage business growth.
Goal III: City Investment in Today and Tomorrow
• Objective 3.2 - To manage the City's future growth and strategic land use.
• Objective 3.3 - To sustain a favorable development and business climate through timely and accurate construction review and building inspection services
Goal IV: Desirable Place to Live, Work and Recreate
• Objective 4.3 - To improve mobility and connectivity through sidewalk, trail, and bike lane investments
• Objective 4.4 - To provide a clean and beautiful community with increased green spaces
Objective 4.5 - To ensure a place for people to live in great neighborhoods
Executive Summary:
Evidentiary Hearing:
During an Evidentiary Hearing, the burden of demonstrating that an application complies with applicable review and approval standards of this Ordinance is on the applicant, which shall be demonstrated by competent, material, and substantial evidence. The burden is not on the City or other parties to show that the standards have not been met by the applicant.
The owner is requesting a reduction in the 250 foot separation standards between an automotive wrecker service and residentially zoned property. The applicant’s request would reduce the separation down to approximately 30 feet. However, this separation includes a rail road right of way. Additionally, the closest residential structure to the property in question is almost 300 feet away. There are however, two churches in the residentially zoned area that are approximately 300 feet away from this property.
In the City’s Unified Development Ordinance (UDO) an automotive wrecker service is defined as an establishment operated for the purpose of temporary storage on-site of no more than nine wrecked or inoperable vehicles for a period no longer than 90 days. If an establishment has ten or more inoperable vehicles located on-site, stores inoperable vehicles for more than 90 days, stacks vehicles, or portions of the vehicles are dismantled or removed for sale, it shall be considered a salvage and junkyard.
Background:
Owner: H & A Joint Adventures LLC and J & P Towing and Transporting LLC.
Applicant: Jainelys Prather
Requested Action: SUP - Reduction in separation between uses.
Property Address: 639 Gillespie Street
Council District: 2 - Malik Davis
Status of Property: Automotive Wrecker Service/Auto Repair
Size: Approximately 2.38 acres
Adjoining Land Use & Zoning:
• North - CC & Rail road tracks & mostly vacant (one house almost 300 feet away)
• South - HI: Vacant
• West - CC: Gillespie St. & commercial businesses
• East - HI: Vacant
Letters Mailed: 103
Land Use Plan: EC - Industrial / Employment Center
Industrial / Employment Center consists of high intensity nonresidential uses with high impact or likelihood of nuisance uses. Regional employment centers including larger industrial uses or business parks.
Additional Reviews:
A Technical Review Committee (TRC) examination was conducted as part of the Special Use Permit process. Standard development comments were provided.
Issues/Analysis:
Surrounding Area:
The surrounding area is mostly zoned HI and CC with some MR-5 across the rail road tracks to the north. Most of the area to the north, east and south remains vacant. The area across Gillespie Street is zoned CC and has a variety of commercial uses currently on it.
Special Use Permit Request:
The owner is requesting a reduction in the 250 foot separation standards between an automotive wrecker service and residentially zoned property. The applicant’s request would reduce the separation down to approximately 30 feet. However, this separation includes a rail road right of way. Additionally, the closest residential structure to the property in question is almost 300 feet away.
Use-specific standards are the requirements applied to individual use types regardless of the zoning district in which they are located or the review procedure by which they are approved. This section is intended to identify the use-specific standards for all principal uses identified in Table 30-4.A, Use Table, as subject to "additional requirements." These standards may be modified by other applicable requirements in this Ordinance.
These standards are not subject to a variance request. However, with the following exceptions or as explicitly stated in other sections of this ordinance, the separation standards may be reduced upon approval of a special use permit finding that the reduction in the separation standard does not increase negative impacts on surrounding uses and that there are specific characteristics that help minimize any negative impacts, such as natural or man-made features that create visual or physical separation between the uses. Consistent with standards for the procedure in Article 30-2.C.7 Administration - Special Use Permit, conditions may be attached to further minimize or prevent negative impacts, including limitations on hours of operation, maximum size, or range of activities.
The SUP must meet all of the following findings of facts:
1. The special use complies with all applicable standards, conditions, and specifications in this Ordinance, including in Section 30-4.C, Use-Specific Standards;
30-4.C.4.k.5 Automotive wrecker service uses shall comply with the following standards:
a. The use shall be located at least 250 feet from any residential district, school, or child care center. In any of the districts in which this use may be located, the City Council may through a special use permit request approve a reduction in the separation requirement upon a showing of good cause with supporting evidence and mitigation of impacts.
b. Vehicles shall not be stored on-site for more than 90 days.
c. Vehicles shall be stored to the rear of the principal structure, behind a wooden fence or masonry wall in accordance with Section 30-5.D, Fencing Standards.
According to the applicant, “The property already has vehicles stored on the property for mechanic work as there is an auto body shop and a mechanic shop within the same building. Also we do not store vehicles on this lot for over 10 days, after the 10 day waiting period we transport the remaining vehicles to our overflow lot. Furthermore the vacant lot that is less than 250 feet away is separated from the yard by an active railroad track.”
Staff Note: there are residentially zoned properties within 30 feet of this property. They are separated by a rail road track/right of way. However, the property in question is just is almost 300 feet from any residential structure.
2. The special use will be in harmony with the area in which it is located;
According to the submitted application, “As previously stated, the property that we are operating from has existing use of storing cars. There will be no negative impact on us continuing to operate from the property.”
3. The special will not materially endanger the public health or safety if located where
proposed and developed according to the plan as submitted and approved;
According to the application and site plan, “We do not store cars for longer than 10 days on the property. Therefore there is no negative impact on the public health or safety. Also, we keep all vehicles behind a 6 foot wooden fence locked with a padlock with 24/7 camera monitoring.”
4. The special use is in general conformity with the City's adopted land use plans and
policies;
The City’s 2040 Future Land Use Plan calls for Industrial / Employment Center consists of high intensity nonresidential uses with high impact or likelihood of nuisance uses. Regional employment centers including larger industrial uses or business parks.
5. The special use will not substantially injure the value of the abutting land, or the
special use is a public necessity; and
According to the application, “The property we are using is zoned for high industrial use therefore its already zoned for what we need it for- storing vehicles on a wrecker yard.”
6. The special use complies with all other relevant City, State, and Federal laws and
regulations.
The owner will be required to comply with all applicable laws and regulations.
Analysis:
According to the 2040 Future Land Use Plan, this proposed development falls within GOAL #1 of the plan - Focus value and investment around infrastructure and strategic nodes.
Under the plan’s Land Use Policies and Strategies section, subsection Strategic, Compatible Growth, this proposed development falls under the following sections:
LU -1:ENCOURAGE GROWTH IN AREAS WELL-SERVED BY INFRASTRUCTURE AND URBAN SERVICES, INCLUDING ROADS, UTILITIES, PARKS, SCHOOLS, POLICE, FIRE AND EMERGENCY SERVICES.
• 1.1: Work with the Public Works Commission (PWC) and other utility provider to ensure that public facilities and services are planned in a coordinated manner
Ø Utilize the Future Land Use map as a guide for infrastructure expansion
• 1.6: Require adequate infrastructure to be in place prior to or in tandem with new development
Ø This includes road infrastructure such as roads, turn lanes and sidewalks as well as public services such as parks, schools, water/sewer, police, fire and emergency services
LU -2:ENCOURAGE STRATEGIC ECONOMIC DEVELOPMENT
• 2.1: Encourage economic development in designated areas
Encourage economic development in key areas including Downtown, Office / Institutional Areas, Industrial / Employment Areas, Regional and Community Centers, and Highway Commercial Areas
• 2.2: Identify opportunity sites for manufacturing and technology industry based on transportation access, nearby land uses, environmental constraints and other considerations
Discourage large-scale residential rezonings and development that impacts prime industrial sites.
Coordinate with City departments to determine necessary utility, transportation and stormwater upgrades to accommodate target industries:
Budget Impact:
This action should result in no increase in City Services.
Options:
1) City Council moves to approve the Special Use Permit (SUP) as presented based on the evidence submitted and finds that the Special Use Permit (SUP) meets the six (6) findings of fact.
2) City Council moves to approve the Special Use Permit (SUP) as presented with conditions, based on the evidence submitted and finds that the Special Use Permit (SUP) meets the six (6) findings of fact.
3) City Council moves to deny the Special Use Permit (SUP) based on the evidence submitted and finds that the Special Use Permit (SUP) fails to meet the six (6) findings of fact.
Recommended Action:
OPTION 1
I move to APPROVE the Special Use Permit (SUP) to allow the reduction of the separation requirement between an automotive wrecker service and residentially zoned property subject to the submitted site plans and conforming to the current Unified Development Ordinance standards as depicted on the attached site plan, as presented by staff, based on the standards of the City's development code and the evidence presented during this hearing. And that the application is consistent with applicable plans because: (1) the development is located in a Heavy Industrial (HI) zoning district and (2) that this use complies with the findings listed and (3) the proposed permit is in the public interest because the proposed SUP does fit with the character of the area.
[Applicable to Motion to Approve] If approved, this Special Use Permit shall become effective with the approval of the Order of Findings by the City Council. The SUP shall expire one year from its effective date if a building permit is not issued within that time.
*For a motion to approve, all six findings below must be met:
1. The special use complies with all applicable standards, conditions, and
specifications in this Ordinance, including in Section 30-4.C, Use-Specific
Standards;
2. The special use will be in harmony with the area in which it is located;
3. The special will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved;
4. The special use is in general conformity with the City's adopted land use plans and policies;
5. The special us will not substantially injure the value of the abutting land, or the
special use is a public necessity; and
6. The special use complies with all other relevant City, State, and Federal laws and regulations.
OPTION 2
I move to DISAPPROVE the Special Use Permit (SUP) for the reduction of the separation requirement between an automotive wrecker service and residentially zoned property as depicted on the attached site plan, as presented by staff, based on the standards of the City's development code and the evidence presented during this hearing. And that the application does not meet the finding(s) of fact listed below. More specifically finding(s) #_____.]
* For a motion to deny only one of the findings shown below needs to not apply.
1. The special use complies with all applicable standards, conditions, and
specifications in this Ordinance, including in Section 30-4.C, Use-Specific
Standards;
2. The special use will be in harmony with the area in which it is located;
3. The special will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved;
4. The special use is in general conformity with the City's adopted land use plans and policies;
5. The special us will not substantially injure the value of the abutting land, or the
special use is a public necessity; and
6. The special use complies with all other relevant City, State, and Federal laws and regulations.
[Applicable to Motion to Deny] If denied this action shall become effective upon the approval of the Order of Findings by the City Council.]
Attachments:
1. Application
2. Photos
3. Aerial Map
4. Zoning Map
5. Land Use Plan Map
6. Subject Properties
7. Surrounding Properties
8. 250’ Separation Map
9. PowerPoint