Planning Commission: February 18, 2008---additional info

Staff Report
Date: February 18, 2008
To: Evansville Plan Commission
From: Tim Schwecke, AICP, City Planner
Subject: Conditional use application for auto repair at 498 Water Street (Application #2008-7)
Agenda Item 6-A for February 21, 2008 Plan Commission meeting
Applicant: Tom Davis and Jan Davis
Description of request: The applicant has submitted an application to establish an auto repair
business (Sec. 130-417). It is a conditional use in all districts (B-3, B-4, B-5, I-1, and I-2) where
it is allowed.
Current zoning district: The subject property is located in the Light Industrial District (I-1).
Comments:
1. The proposed use would occur in the newest of the three buildings on the parcel
(northwest building).
2. The proposed use would occupy 50 feet along the front of the building or 2,000 square
feet of floor area.
3. The future land use map of the smart growth comprehensive plan shows the property as
industrial.
4. Access to the subject property will be off of Water Street.
Staff Report
5. The subject property abuts residentially-zoned property to the north. Section 130-
417(2)(b) requires a bufferyard opacity of 0.05 when this type of use abuts residential
property. Because the property is zoned I-1 and abuts a residential district, an opacity of
0.6 is required. Therefore, no additional bufferyards are required for the proposed use.
Required Plan Commission findings: Section 130-104 (3) of the Municipal Code includes
criteria that should be considered in making this decision. I offer the following narrative which
should be referenced in the Plan Commission’s motion to approve, if it so chooses.
1. Consistency of the use with the comprehensive plan. The proposed use in general and
in this specific location is consistent with the city’s comprehensive plan of June 2005, as
amended.
2. Consistency with the city’s zoning code, or any other plan, program, or ordinance.
The proposed use in general and in this specific location is consistent with city’s zoning
code, or any other plan, program, or ordinance, whether adopted or under consideration
pursuant to official notice of the city.
3. Affect on nearby property. The use will not result in a substantial or undue adverse
impact on nearby property, the character of the neighborhood, environmental factors,
traffic factors, parking, public improvements, public property or rights-of-way, or other
matters affecting the public health, safety, or general welfare, either as they now exist or
as they may in the future be developed as a result of the implementation of the city’s
zoning code, the comprehensive plan, or any other plan, program, map, or ordinance
adopted or under consideration pursuant to official notice by the city.
4. Appropriateness of use. The proposed use maintains the desired consistency of land
uses, land use intensities, and land use impacts as related to the environs of the subject
property.
5. Utilities and public services. The use will be adequately served by, and will not impose
an undue burden on, any of the improvements, facilities, utilities, or services provided by
the city or any other public agency serving the subject property.
Required Plan Commission conclusion: Section 130-104(3)(f) of the Municipal Code requires
the Plan Commission to determine whether the potential public benefits of the conditional use do
or do not outweigh any and all potential adverse impacts.
The proposed motion that is included on the meeting agenda states that benefits do in fact
outweigh any and all potential adverse impacts.
Staff recommendation: Staff recommends approval with the following conditions:
1. The business operator, now and in the future, shall comply with all provisions in the
city’s zoning code, as may be amended, related to vehicle repair and maintenance
(Section 130-417).
2. Expansion of the use beyond 2,000 square feet will require review as a new conditional
use.
As a condition of approval, the Plan Commission may also want to limit the number of vehicles
that are stored on the property.