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GEA AUTO SALESGEA AUTO SALESSpecial Exceptions to allowSpecial Exceptions to allow

automotive repair and automotive repair and maintenance andmaintenance and

vehicle salesvehicle sales

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REQUEST

Special Exceptions to allow “Vehicle repair” and “Automotive, recreational vehicle, and boat dealers” (automotive sales)

Special exceptions are: uses that are not similar in nature to the uses permitted in the zoning district, but which are desired in the community with appropriate controls where a suitable location is available.

AERIAL

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Community DevelopmentDepartme

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FLU and Official Zoning Maps

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Evaluation of Special ExceptionANALYSIS:1.Inconsistent with purpose and intent of City LDC?

No – Area is changing from small lots with inadequate infrastructure to larger assembled tracts with infrastructure capable of supporting a wide range of land uses.

2. Inconsistent with the Comprehensive Plan?No – Site is designated as Mixed Use, allowing wide range of commercial and in some cases, residential and institutional land uses.

3. Adversely affect public interest?No – Area targeted for redevelopment.

4. Requirements applicable for specific request? No – None in LDC.

5. Not able to meet Federal, State, or local requirements? Undetermined, pending submission of site plan and related engineering information.

6. Generates undue traffic congestion? No – Uses proposed for property already exist in general area; applicant to provide traffic report as part of site plan approval.

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Evaluation of Special Exception

7. Creates a hazard or public nuisance? No – Subject to compliance with other State and local regulations.

8. Materially alter the character or adversely affect the value of land, structures or buildings of the surrounding area?

No – Should lead to overall improvement as area is upgraded to contemporary standards.

9. Adversely affect environment, including pollution and scenic beautyNo – Conditions of approval address adequate public facilities.

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Recommended Conditions of ApprovalA. USE LIMITATION:1. The repair and sale of recreational vehicles, boats, trucks, buses, or other vehicles other than automobiles is

prohibited.2. Hours of operation for vehicle sales are limited to 9:00 a.m. to 7:00 p.m., Monday through Saturday. Hours of

operation for vehicle repair are limited to 8:00 a.m. to 6:00 p.m., Monday through Saturday. 3. There shall be no outdoor repair of vehicles or outdoor storage of disassembled vehicles or parts. 4. No mobile home, recreational vehicle, or other vehicle shall be used as a sales office, storage space or

dwelling unit.5. Car wash facilities, other than hand washing, are prohibited.6. Outdoor loud speakers are prohibited.7. All loading and off-loading of vehicles shall occur onsite in a designated area shielded from public view.

B. VEHICLE DISPLAY:1. Outdoor storage and display areas shall be permitted, subject to the following requirements:

a. Vehicles may be stored in a “bull pen” on an improved parking surface without utilizing parking stalls, backup distances, parking stall striping, or wheel stops, provided those areas are not open to the public or visible from the public right-of-way.b. Outdoor sales and display parking shall conform to the requirements of the Unified Land Development

Code.c. No vehicle shall be parked, stored, or displayed with its hood or trunk open.d. Vehicles on display shall not be elevated in full or in part.e. Vehicles shall not be stored or temporarily parked in areas designated for other uses, such as but not limited to: queuing, fire lane, or driveway.

2. Parking used for vehicle storage, sales, or display shall not be counted toward meeting the number of off-street parking spaces required for customers and employees.

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Recommended Conditions of Approval cont’d.C. COMPLIANCE:

– At time of submittal for site plan approval, the applicant shall demonstrate compliance with the site design standards contained in the Unified Land Development Code, including but not limited to the Gateway Overlay District.

– The Special Exceptions are only use approvals. Further required approvals must be obtained pursuant to the Unified Land Development Code.

– Failure to comply with any of the conditions of approval for the subject property at any time may result in:

• Revocation of the Special Exception; • A requirement of the development to conform with the standards of the Unified Land Development

Code at the time of the finding of noncompliance, or the addition or modification of conditions reasonably related to the failure to comply with existing conditions;

• Referral to Code Enforcement.– If site plan approval is not issued within 12 months of the special exception approval, or the special

exception use is abandoned for 6 consecutive months, the development order approving the special exception shall expire.

– If the use is discontinued or abandoned for a period of 270 days (9 months), then such use shall not be re-established or resumed without obtaining a Special Exception in accordance with the requirements established in the Unified Land Development Code.

– Any subsequent use in the same location shall be in conformance with the Unified Land Development Code.