Mr. Palomino has operated an auto detailing business in this building on Atherton Road just north of US 24 Highway since December 2018. He now seeks to expand his business to include used car sales. This 1.40-acre site contains three buildings: the applicant’s detailing shop (908); a small restaurant just north of his shop (910); and a larger vacant building in the rear of the site (908½) which has been used for auto-related businesses. The applicants building, a red brick structure which contains several garage doors on its north/south elevations, has previously been used for automotive related business in the past. Parking spaces adjoin each of the three buildings; the spaces are not designated for a particular business or building.
Vehicles for sale will be displayed adjacent to the south side of the detail shop; employee and customer parking will be provided on the west side of the building; with detailed cars parked on the north side of the building.
Other sales lots – According to Business Licensing, there are 18 licenses sites along US 24 Highway for used auto/light truck sales, three of those businesses also provide auto repair services. The list of Vehicle Sales Lots on 24 Hwy is included as an attachment to the case.
Consistency with Independence for All, Strategic Plan:
This proposed use could help support the economic prosperity of this segment of E. US 24 Highway corridor property.
Comprehensive Plan Guiding Land Use Principles:
This special use permit is in keeping with several elements of the Comprehensive Plan as it makes adaptive reuse of this underutilized property while using city existing facilities and infrastructure.
Historic and Archeological Sites: There are no apparent historic/archeological issues with this property.
Public Utilities: All utilities are present on the site and operational.
Recommendations and decisions on special use permit applications must be based on consideration of all the following criteria:
1. Compatibility of the proposed use with the character of the neighborhood.
This segment of the E. US 24 Highway corridor, such as this site, includes many automotive related uses including auto repair shops, other vehicle dealerships, auto parts stores, and drive-through restaurants.
2. The extent to which the proposed use is compatible with the adjacent zoning and uses.
As mentioned previously, there are numerous auto-related businesses in the area, so if conducted properly, this proposed use should have minimal impact on the area.
3. The Impact of the proposed use on public facilities.
All public facilities are in place here and used vehicle dealerships are generally not significant consumers of water, sanitary sewer, and electricity services.
4. The suitability of the property for the permitted uses to which it has been restricted under the applicable zoning district regulations.
This special use permit would allow an additional land use not already permitted by right in this C-2 district.
5. The extent to which the proposed use may injure or detrimentally affect the use of enjoyment of property in the area.
Based upon the site’s zoning and long use as a commercial property, it is not expected to affect any of these issues.
6. The extent to which the proposed use will create excessive stormwater runoff, air pollution, noise pollution or other environmental harm.
This small dealership will not create any more extensive noise, air, or environmental pollution than other automotive uses that don’t require a special use permit. Staff recommends that the area around the building used in the business be resealed to prevent any groundwater contamination.
7. The extent to which there is a need for the use in the community.
Given there have been over 11 special use permit applications approved (and several applications denied) for used car dealerships over the past few years, there seems to be a demand for this type of business in the city.
8. The ability of the applicant to satisfy any requirements applicable to the specific use imposed pursuant to this article.
If approved with a special use permit, the application appears to satisfy the requirements Section 14-416 of the Unified Development Ordinance.
9. The extent to which public facilite and services are avaliable and adequate to meet the demand for facilities and services generated by the proposed use.
This is an commercial property with three existing buildings with all public facilities in place.
10. Conformance of the proposed use to the comprehensive plan and other adopted plans and polices.
The City’s updated Comprehensive Plan envisions Community Commercial uses for this site.
11. The extent to which the use will impact sustainability or revitalization of a given area.
This special use permit would allow this business to utilize a vacant commercial property helping to sustain the commercial base of the area.
Draft Planning Commission meeting minutes:
"Case 21-200-06 – Special Use Permit – 908 N. Atherton Road
Staff Presentation
Stuart Borders presented the case. Mr. Borders presented the Commission with a vicinity map, noting the area and surrounding zoning. He presented the Commission with an aerial map indicating the project area and explained the surrounding land uses. Mr. Borders reviewed several conditions including:
1. Due to the limited size of the business area the number of vehicles for sale on site is limited to seven (7).
2. The parking and vehicle storage area must be resealed and restriped to prevent ground water contamination.
3. One of the spaces must be designated as an ADA space with proper marking and signage.
4. All improvements must be completed prior to City business license being approved.
Applicant Comments
Todd Rechterman, 1615 N M 7 Hwy., is speaking for the applicant. The applicant is Julio Palomino, 2000 Concord Road. Mr. Rechterman explained Julio has been an employee of his for many years. He has detailed and sold cars for many years and understands the business. Mr. Rechterman said he will help Mr. Palomino in any way needed and feels he is a good person and employee and will run a good business at this location.
In response to Commissioner Preston’s question, Mr. Borders stated the City currently has 55 used car lots which includes those used car lots associated with dealerships and auto repair locations. Mr. Borders stated this building has been used for auto service in the past and that Mr. Palomino is currently running a car detailing shop at this location. Mr. Borders explained this location could also be used for minor tune-ups, tire sales, or auto glass replacement. If not auto related, this location could be used for any type of business allowed in C2 zoning.
Commissioner Young stated that the friendship between Mr. Rechterman and Mr. Palomino is incredible, and he applauds that type of relationship, especially with business.
Chairwoman McClain asked if the applicant understands and accepts conditions as stated by staff. Mr. Palomino stated he understands and agrees to the conditions.
In response to Commissioner Preston’s question, Caitlin Dix, Environmental Specialist with Municipal Services, stated she believes there are no violations at this location and for this business regarding water pollution control. A drive by was completed by staff for comments and they did not see any violations.
Public Comments
No public comments.
Motion
Commissioner Preston made a motion to approve Case 21-200-06 – Special Use Permit – 908 N. Atherton Road, with conditions as stated by staff. Commissioner Nesbitt seconded the motion. The motion passed with four affirmative votes."