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

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I 1 ry ' ECONOMIC AND URBAN DEVELOPMENT MEMORANDUM No. 08-145 November 12, 2008 TO: Honorable Mayor Michael T. Carrigan and City Council FROM: Ryan P.McCrady, City Manager �� Greg C. Crowe, Assistant City Manage�% Suzan M. Stickle, Senior Planne�6y�6G Stephanie E. Ashe,Historic Preservation&Corridors Planner� SUBJECT: Amend Conditional Use Permit(Ordinance No. 2008-45) at 3840 Martin Luther King, Jr. Drive SUMMARY RECOMMENDATION: Staff recommends approval of the conditional use permit amendments as submitted with the condition that a detailed Site Plan shall be submitted to and approved by the Economic and Urban Development Department,the Department of Engineering and Infrastructure, and the Fire Department prior to the issuance of a permit. The City Plan Commission voted 6-0 to recommend approval of this petition at the November 6,2008 meeting; the minutes of the meeting are attached. BACKGROUND: The subject site, located at 3840 North Martin Luther King, Jr. Drive, is currently being developed for the Rainstorm Carwash and contains approximately 32,680 square feet. In June of 2008, the petitioner was granted a conditional use permit for the site to allow for a carwash to �, be constructed 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 I permit. This amendment would reduce the number of parking stalls from six(6) stalls to five (5)parking I stalls. It would also increase the number of vacuums on site from seven(7)to ten(10)vacuums. 'I The proposed amendment to the conditional use permit will allow the petitioner highest and best use of I 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 the 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 neighborhood. 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 changes. POTENTIAL OBJECTION: There were no lrnown objectors at the Plan Commission Meeting.