Community Development Department Continuation from May 21, 2008: SPECIAL EXCEPTIONS: Automotive parts (e.g. accessories and tires) and Automotive, Recreational Vehicle, and Boat Dealers

Community Development Department Request Special Exceptions to allow: Window tinting, tire sales and automotive audio installation classified as Automotive parts (e.g. accessories and tires) and; Vehicle sales, classified as Automotive, Recreational Vehicle and Boat Dealers 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.

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FLU and Official Zoning Maps Community Development Department

Community Development Department Applicant Provided Site Plan/Survey

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Community Development Department Site Photos Rear

Community Development Department Site Photos Retention pond

Community Development Department Site Photos South, towards I-95

Community Development Department Site Photos Under power line – facing north

Community Development Department Site Photos Old Kings Road

Community Development Department Site Photos Front

Community Development Department Evaluation of SE Requests: ANALYSIS: 1.Inconsistent with purpose and intent of City LDC? 2.Inconsistent with the Comprehensive Plan? 3.Adversely affect public interest? 4.Requirements applicable for specific request? Automotive Parts: (window tinting; tire sales; audio/visual installation Automotive Sales: 1. Not inconsistent with controls 1. Not inconsistent with controls 2. No, not inconsistent 2. No, not inconsistent with limitation on #. 3. No, with controls 3. No, not inconsistent with limitation on # 4. None in LDC

Community Development Department Evaluation of SE Requests: 5. Compliance with Federal, State, local, or Board imposed conditions? 6.Generates undue traffic congestion? 7.Creates a hazard or public nuisance? 8.Materially alter the character or adversely affect the value of land, structures or buildings of the surrounding area? Automotive Parts: Automotive Sales: 5. Yes, compliance possible 5. Compliance possible 6. No, does not exceed traffic standards 7. No, with conditions 7. No, with limitations 8. No, with conditions 8. No, with limitations

Community Development Department Evaluation of SE Requests: 9.Adversely affect environment, including pollution and scenic beauty? Automotive Parts: Automotive Sales: 9. No, with controls 9. No, Code Enforcement regulates noise

Community Development Department Recommendation Staff recommends approval of modified Application No. SE-OTH as follows: A. USE LIMITATIONS: 1.The Automotive Parts uses are limited to window tinting, tire sales with no installation, and audio/visual installations. 2. The Automotive, Recreational Vehicle, and Boat Dealers are limited to one interior automobile display space. 3. No more than 680 square feet (ten percent) of the existing car wash building can be used for window tinting, audio/visual installation, tire sales and automotive sales. 4. On-site testing of a stereo system capable of producing greater than 120 decibel level is prohibited.

Community Development Department Recommendation (continued) 5. Any testing of an audio system with a decibel reading of 120 decibels or less shall be conducted behind the car wash structure, away from the residential area. Windows and doors must remain closed during the testing period. 6. Installation of automotive accessories are limited to: window tinting; installation of audio and visual equipment. 7. Installation of tires is prohibited. 8. Hours of operation are limited to 10:00 am to 6:00 pm, Monday through Saturday. 9. No outside storage of any type is permitted. 10.The applicant must install landscaping in accordance with the previously approved site plan.

Community Development Department Recommendation (continued): B. COMPLIANCE: 1. Development of this site is limited to the uses and site design as approved by the Planning and Land Development Regulation Board. In granting the approval, the PLDRB relied upon the oral and written representations of the applicant both on the record and as part of the application process. Failure to comply with any of the conditions of approval for the subject property at any time may result in: –The revocation of the Special Exception Development Order; –A requirement that the development conform with the standards of the Land Development Code (LDC) at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing conditions; and/or –Code Enforcement Board Proceedings.