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Continuation from May 21, 2008: Continuation from May 21, 2008: SPECIAL EXCEPTIONS: SPECIAL EXCEPTIONS:

Automotive partsAutomotive parts (e.g. accessories and tires)(e.g. accessories and tires)

and and Automotive, Recreational Vehicle, and Automotive, Recreational Vehicle, and

Boat DealersBoat Dealers

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RequestSpecial 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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Aerials

FLU and Official Zoning Maps

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Applicant Provided Site Plan/Survey

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Site PhotosFRONT:

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Site Photos

• Side/rear

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Site Photos

Rear

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Site Photos

Retention pond

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Site Photos

South, towards I-95

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Site Photos

• Under power line – facing north

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Site Photos

Old Kings Road

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Site Photos• Front

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Evaluation of SE Requests:

ANALYSIS:

1. Inconsistent with purpose and intent of CityLDC?

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. Notinconsistent 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 4. None in LDC

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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

6. No, does not exceed traffic standards

7. No, with conditions

7. No, with limitations

8. No, with conditions

8. No, with limitations

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Evaluation of SE Requests:

9. Adversely affect environment, including pollution and scenic beauty?

Automotive Parts:

AutomotiveSales:

9. No, with controls

9. No, Code Enforcement regulates noise

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Recommendation

Staff recommends approval of modified Application No. SE-OTH08-06 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.

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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.

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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.