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

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STAFF REPORT Decatur City Plan Commission COMMON NAME: 3840 North Martin Luther King, Jr. Drive GENERAL INFORMATION Hearing Date November 6, 2008 Calendar No. 08-60 Property Location 3840 North Martin Luther King, Jr. Drive Requested Action Amend Conditional Use Permit(Cal#PC 08-18) Petitioner Dan Dougherty,Rainstorm Carwash Representative Phillip W. Cochran, Consulting Engineer,PWC LAND USE AND ZONING Direction Existing Land Use Zoning Comprehensive Plan Subject Property Under Development B-2 Low Density Residential North Undeveloped B-2 Low Density Residential South Commercial B-2 Low Density Residential East Undeveloped B-2 Low Density Residential West Residential R-1 Low Density Residential BACKGROUND l. 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. 2. 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. PROJECT DESCRIPTION 1. 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. STAFF ANALYSIS 1. The proposed amendment to the conditional use permit will allow the petitioner highest and best use of the site. 2. The Zoning Ordinance requires four (4) parking stalls for a carwash. The petition exceeds this requirement by one (1) stall. 3. 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.