2012-09 GRANTING CONDITIONAL USE PERMIT - 1004 WEST ELDORADO STREET

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� r Excerpts from Plan Commission Minutes of March 1, 2012: Cal. No. 12-03 Petition of JASON BLIESNER for a Conditional Use Permit to operate a car wash facility at 1004 WEST ELDORADO STREET in the B-2 Commercial District. Mrs. Stewart was sworn in by Mrs. Althoff. Mrs. Stewart read the recommendation of staff: The subject site is developed as a car wash facility and located at 1004 West Eldorado Street. The petitioner proposes the issuance of a conditional use permit in order to construct and operate a car wash facility in the B-2 Commercial District. A car wash facility is not an allowed use in the B-2 Commercial District without a conditional use permit. To date the existing car wash is a nonconforming use and could remain in operation as long as no additions or upgrades to the building were made but since the existing building is being demolished and a new building constructed a conditional use permit is required. The new car wash facility will have two (2) automatic bays and four (4) self-serve bays. Egress and ingress will be off of West Eldorado Street and North Dunham Street. Landscaping meeting the requirements of the Zoning Ordinance has been provided on the site plan. Section XXII.A.3. lists three standards which must be met in order to grant a conditional use permit. The first standard requires the applicant to show that the use is "necessary for the public convenience at the location." The proposed commercial use is generally compatible with the neighborhood to the south, east and west and the business provides a service which can be utilized by area residents. The proposed use also meets the second standard. The facility is located and designed to be operated in a manner that the public health, safety and welfare will be protected. This use also meets the third standard. The facility will not cause substantial injury to the value of other properties in the neighborhood. The existing car wash has been located at this particular site for over 30 years and it does not appear to have had an adverse effect on the neighborhood. Based on the analysis, staff recommends approval of the conditional use permit as submitted with the following condition: a. Final site, landscaping and lighting plans shall be submitted to and approved by the Department of Planning and Building Services, Public Works Department and the Fire Department prior to building permits being released. Section XXII.A.2. requires the Plan Commission to hold a public hearing on a conditional use permit request, and then forward its report and recommendation to the City Council for final approval. A motion to forward Calendar Number 12-03 to the City Council with a recommendation for approval is suggested. Mr. Phil Cochran was sworn in by Mrs. Althoff. Mr. Cochran stated that this site has currently been a car wash for 30 years. Mr. Cochran stated that prior to the current Zoning Ordinance, B-2 zoning allowed for a car wash and now with the current zoning ordinance, it does not allow for a car wash. Mr. Cochran stated that the owner wants to remove the current structure and add a new structure in the same place in which he will meet all of the provisions of the Zoning Ordinance and it will be an upgrade to the site. It was moved and seconded (John/Livingston) to forward Cal. No. 12-03 to the City Council with recommendation for approval as presented by staff. Motion carried unanimously.