2008-85 AMENDING CONDITIONAL USE PERMIT - 3840 NORTH MARTIN LUTHER KING JR. DRIVE

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Excerpts from Plan Commission Minutes of July 3,2008 Cal.No. 08-60 Petition of RAINSTORM CARWASH to amend the B-2 CUP Commercial District Conditional Use Permit at 3840 NORTH MARTIN LUTHER KING, JR. DRIVE. Ms.Ashe presented the recommendation of staff: The subject site, located at 3840 North Martin Luther King, Jr. Drive, is cur�ently being developed for the Rainstorm Carwash and contains approximately 32,680 square feet. In Jun�e of 2008, the petitioner was granted a conditional use permit for the site to allow for a carwash to be cor�structed in a B-2 Commercial District. This permit allowed for six(6)parking stalls and seven(7)vacuums. The petitioner is requesting to amend the approved B-2 Commercial District conditional use permit. This amendment would reduce the number of parking stalls from six(6) stalls to five(5)parking stalls. It would also increase the number of vacuums on site from seven(7)to ten(10)vacuums. The proposed arnendment to the conditional use permit will allow the petitioner highest and best use of the site. The Zoning Ordinance requires four (4) parking stalls for a carwash. The petition exceeds this requirement by one(1) stall. The addition of three(3)vacuums is not considered to greatly contribute to the noise level as the likelihood of all vacuum units being utilized at the same time is small. Staff supports the proposed amendments to the conditional use permit. Staff believes the proposed variations to the approved conditional use permit are compatible with B-2 zoning as well as the neighboring commercial uses. The proposed amendments to the facility do not appear that they will cause substantial injury to the value of other properties in the area. The proposed carwash will still be located next to a large gas station as well as next to an office warehouse building along Martin Luther King, Jr. Drive. The amendments meet all applicable City codes and standards. The Conditional Use Permit changes have been reviewed by the City's Technical Review Committee. Planning,Engineering, and Fire have all approved the proposed development c�anges. Based on the above analysis, staff recommends approval of the condition�l use permit amendments as submitted w.ith the following condition: a. A detailed Site Plan shall be submitted to and approved by the Economic and Urban Development Deparhnent, the Deparhnent of Engineering and Infrastructure, and the Fire Department prior to the issuance of a permit. Section XXII.A.2 requires the Plan Commission to hold a public hearing on a conditional use request and forward its report and recommendation to the City Council for final approval. A motion to forward Calendar Number 08-60 to the City Council with a recommendation of approval is suggested. Mr. Phil Cochran,representative, stated in June 2008 a conditional use permit was approved for a carwash to be constructed in a B-2 Commercial District. The amendment will reduce the number of parking stalls from six(6)to five(5)and increase the number of vacuums from seven(7)to ten(10). Mr. Matthew Jackson asked if there was any guess as to the increase in noise that would be created by the three (3) additional vacuums. Mr. Cochran said there are no decibels to message the increase with but the chance of all ten(10)vacuums running at one time is slim. There were no questions and no objectors present. It was moved and seconded (Jackson/Smith) to forward Cal. No. 08-610 to the City Council with recommendation for approval as presented by staff. Motion carried unanimously.