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Stadium Auto Parts is requesting a Conditional Use Permit to develop a salvage yard located at 9750 E. 96th Avenue, zoned I-3 (Heavy Intensity Industrial District).
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Summary and Background Information:
The subject property is approximately 25.18 acres in size and is currently zoned I-3. The subject property was annexed into the City as part of the Northern Enclave Industrial Annexation in 2007. This site is located in an area developed and planned for general industrial purposes, with adjacent properties to the north, west, and south designated for high intensity industrial uses and currently zoned I-3. The Director's report and the Planning Commission's recommendation of approval with specific conditions is contained in the packet.
The applicant intends on completing this development in two phases due to the length of the site. Along with this conditional use permit, the applicant has also applied for a minor modification for a 50% reduction in Floor Area Ratio. As a compensating benefit to support approval, the applicant has agreed to install an additional 25’ wide landscape buffer along the O’Brian Canal in addition to the required landscape standard resulting in a 50% increase in landscape buffer along the east side of the property.
A conditional use permit may be granted pursuant to Section 21-3230(3) of the Land Development Code if:
(a) All of the following are met:
(i) The proposed use will not result in a substantial or undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, public improvements, either as they presently exist or as they may exist in the future as a result of the implementation of provisions and policies of the comprehensive plan, this land development code, or any other plan, program or ordinance adopted by the city;
(ii) Any adverse effect has been or will be mitigated to the maximum extent feasible, including but not limited to
sufficient landscaping and screening to ensure harmony for adjoining uses;
(iii) The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, existence of improvements and natural features;
(iv) The proposed use will be adequately served by and will not impose an undue burden on any of the existing improvements, facilities, and services of the city or its residents. Where any such improvements, facilities, utilities or services are not available or are not adequate to service the proposed use in the proposed location, the applicant shall, as a part of the application and as a condition of approval, be responsible for establishing an ability, a willingness, and a binding commitment to provide such improvements, facilities, utilities and services in sufficient time to serve the proposed use;
(v) The applicant has provided adequate assurances of continuing maintenance;
(vi) There is no evidence to suggest that the use violates any federal, state, or local requirements; and
(b) One of the following criteria is met:
(i) There is a community need for the use at the proposed location, given existing and proposed uses of a similar nature in the area and of the need to provide and maintain a proper mix of uses both within the city and the immediate area of the proposed use; or
(ii) The use complies with the general purposes, goals, objectives, policies, and standards of the comprehensive plan and all other plans or programs adopted by the city.
Staff Responsible (Department Head): Jason Rogers, Community Development Director
Staff Member Presenting: Brayan Marin, City Planner
Financial Impact: N/A
Funding Source: N/A
Staff Recommendation:
On July 1, 2020, the Planning Commission held a public hearing and voted 5 to 0 to forward the Conditional Use Permit request to City Council with a recommendation for approval subject to three (3) conditions.
Suggested Motions:
I move to adopt the findings and recommendations of the Planning Commission in Case #CU-124-20.
I move to approve the Conditional Use Permit in Case #CU-124-20 subject to the three (3) conditions recommended by the Planning Commission.