Mark Cosgrove recently contracted to purchase this property to relocate his used vehicle sales lot from its current site on E. US 24 Highway in Sugar Creek. To accommodate this request, two actions are necessary. The southwest portion of the property is currently zoned O-1 (Office Residential) and must be rezoned to C-2. In conjunction with the rezoning, a Special Use Permit must be obtained for used vehicle sales for the entire property.
This 5.35-acre lot is over 1,000 feet deep and now contains just the former lodge building and parking lot, the smaller residential building on the front of the lot was demolished earlier this year. Mr. Cosgrove plans to clean up the site and remodel the former lodge building to create office space, and shop space for vehicle detailing and sale prepping. The vehicle display area will be the former Eagle’s Club parking area east of the building.
Special Use Permit Standards: The following analysis is based on the review criteria in Section 14-704-09 of the Unified Development Ordinance.
A. The character of the neighborhood – Being close to the crossroads of M-291 and US 24 Highway, the character of the neighborhood is established with auto-related uses nearby.
B. The extent to which the proposed use is compatible with the adjacent zoning and uses – With vehicle related business along E. US 24 Highway, this proposed business is compatible with both the uses and zoning of area properties
C. The impact of the proposed use on public facilities – As this is an established commercial site; all public facilities are in place and operational.
D. The suitability of the property for the uses to which it has been restricted under the applicable zoning district regulations – This Special Use Permit will allow only one additional land use not permitted by right by the C-2 classification.
E. The extent to which the proposed use may injure or detrimentally affect the uses or enjoyment of property in the area – Based upon the site’s zoning and use as a commercial property, it is not expected to affect any of these issues.
F. The extent to which the proposed use will create excessive stormwater runoff, air pollution, water pollution, noise pollution or other environmental harm – After improvements are made as listed in the conditions, these concerns are not an issue.
G. The extent to which there is a need for the use in the community – As there have been about ten Special Use Permit applications for used vehicle sales considered for approval over the past few years, there seems to be a demand for this type of business.
H. 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 14-409 of the Unified Development Ordinance.
I. The extent to which public facilities and services are available and adequate to meet the demand for facilities and services generated by the proposed use – This is an existing commercial building with all public facilities in place.
J. The conformance of the proposed use to the Comprehensive Plan and other adopted plans and policies – The Imagine Independence plan envisions Residential Neighborhoods for this site. There are no special plans or policies for this site.
K. The extent to which the use will promote and encourage sustainability or revitalization of a given area – This Special Use Permit will allow this business to locate to a site utilizing a vacant rental space helping to sustain the commercial base of the area.
Planning Commission Action - At its July 24, 2018 meeting, the Planning Commission voted 5-1 to recommend approval of this application with the conditions listed above, after consideration of the following facts:
- That, this request is consistent with the review criteria listed in Section 14-704-09 of the City Code.
- That, a public hearing was held pursuant to a notice duly published according to law, at which time all interested parties were given the full opportunity to be heard.
- That, the C-2 zoning classification allows for offices, banks, restaurants, schools, churches, grocery stores, gasoline sales, taverns and other similar uses by right.
- That, at the Planning Commission hearing, no one spoke in opposition to this Special Use Permit application.
- That the applicant is relocating his business here from another location on E. 24 Highway.
Draft Planning Commission minutes are attached to this Council agenda item.