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MEETING DATE: 5/2/2017 SUBJECT: Special Exception Permit - Wal-Mart #3873: A request by Brian Cassidy, P.E., of CPH, Inc., applicant and agent for Wal-Mart Stores East, LP, property owner, for consideration of a Special Exception Permit for automobile repair and servicing as part of a large-scale retail establishment. Tax Parcel Number 03869-013-000 (Quasi-Judicial Hearing). PREPARED BY: Justin Tabor, AICP, Principal Planner | | |
| | | | | | | | RECOMMENDED ACTION:
Staff recommends that the City Commission approve the Special Exception Permit for automobile repair and servicing as part of a large-scale retail establishment, subject to the four (4) conditions provided in Exhibit “A” of the April 18, 2017 Staff Report to the Planning & Zoning Board, upon making the following motion:
Based upon the competent substantial evidence presented at this hearing, the presentation before this Commission, and Staff’s recommendation, this Commission finds the application to be consistent with the City of Alachua Comprehensive Plan and in compliance with the Land Development Regulations and approves the Special Exception Permit for automobile repair and servicing as part of a large-scale retail establishment, subject to the four (4) conditions provided in Exhibit “A” and located on page 17 of the April 18, 2017, Staff Report to the Planning & Zoning Board.
Staff recommends that the Planning & Zoning Board transmit the Special Exception Permit for automobile repair and servicing as part of a large-scale retail establishment to the City Commission with a recommendation to approve, subject to the four (4) conditions provided in Exhibit “A” of this Staff Report, upon making the following motion:
Based upon the competent substantial evidence presented at this hearing, the presentation before this Board, and Staff’s recommendation, this Board finds the application to be consistent with the City of Alachua Comprehensive Plan and in compliance with the Land Development Regulations and transmits the Special Exception Permit for automobile repair and servicing as part of a large-scale retail establishment to the City Commission with a recommendation to approve, subject to the four (4) conditions provided in Exhibit “A” and located on page 17 of the April 18, 2017, Staff Report to the Planning & Zoning Board.
Staff recommends that the Planning & Zoning Board transmit the Special Exception Permit for automobile repair and servicing as part of a large-scale retail establishment to the City Commission with a recommendation to approve, subject to the four (4) conditions provided in Exhibit “A” of this Staff Report, upon making the following motion:
Based upon the competent substantial evidence presented at this hearing, the presentation before this Board, and Staff’s recommendation, this Board finds the application to be consistent with the City of Alachua Comprehensive Plan and in compliance with the Land Development Regulations and transmits the Special Exception Permit for automobile repair and servicing as part of a large-scale retail establishment to the City Commission with a recommendation to approve, subject to the four (4) conditions provided in Exhibit “A” and located on page 17 of the April 18, 2017, Staff Report to the Planning & Zoning Board.
Staff recommends that the Planning & Zoning Board transmit the Special Exception Permit for automobile repair and servicing as part of a large-scale retail establishment to the City Commission with a recommendation to approve, subject to the four (4) conditions provided in Exhibit “A” of this Staff Report, upon making the following motion:
Based upon the competent substantial evidence presented at this hearing, the presentation before this Board, and Staff’s recommendation, this Board finds the application to be consistent with the City of Alachua Comprehensive Plan and in compliance with the Land Development Regulations and transmits the Special Exception Permit for automobile repair and servicing as part of a large-scale retail establishment to the City Commission with a recommendation to approve, subject to the four (4) conditions provided in Exhibit “A” and located on page 17 of the April 18, 2017, Staff Report to the Planning & Zoning Board.
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| | | | | | | | Summary The proposed Special Exception Permit is a request by Brian Cassidy, P.E., of CPH, Inc., applicant for Wal-Mart Stores East, LP, property owner, for the approval of a Special Exception Permit to permit automobile repair and servicing as part of a large-scale retail establishment. This Special Exception Permit application is a companion to a Site Plan application also submitted by the applicant to construct the proposed ±158,562 square foot building for the large-scale retail establishment and a second Special Exception Permit application to permit a large-scale retail establishment greater than 80,000 square feet in gross floor area. The applicant has also submitted a Variance Permit application to reduce the number of pedestrian connections required by Section 7.3.2(C) of the City’s Land Development Regulations (LDRs) to the adjacent public sidewalk or greenway network. The variance is sought due to the limitations of the site and the ability to provide connections to the public sidewalk system.
Section 2.4.4(A) of the City’s LDRs states that uses that require a Special Exception Permit are those which are, “…generally compatible with the other uses permitted in a zone district, but require individual review of their location, design, configuration, density, intensity, and public facility impact to determine the appropriateness of the use on any particular site in the district and their compatibility with adjacent uses.” Once a Special Exception is granted, the approval shall run with the land and shall not be affected by a change in ownership, unless specifically conditioned as part of the approval. A Special Exception Permit must be granted prior to the approval of the Site Plan and final development order for the proposed development.
Section 2.4.4(D) of the City’s Land Development Regulations (LDRs) establishes the standards with which all applications for a Special Exception Permit must be found to be compliant. These standards include: (1) Compliance with use specific regulations; (2) Compatibility; (3) Design minimizes adverse impact; (4) Design minimizes environmental impact; and (5) Roads and public facilities. The application has been reviewed for compliance with the standards of Section 2.4.4(D). An evaluation and findings of the application’s compliance with the standards of Section 2.4.4(D) is provided in the Staff Report.
The subject property has a Commercial Future Land Use Map (FLUM) Designation, and a Commercial Intensive (CI) zoning designation. Section 4.1 of the City’s Land Development Regulations (LDRs) requires automobile repair and servicing uses to obtain a Special Exception Permit when located in the CI zoning district.
Automobile repair and servicing uses are subject to Use-Specific Standards provided in Section 4.3.4(J)(3) of the City’s LDRs. An analysis of this application’s compliance with the standards established by Section 4.3.4(J)(3) is provided within the Staff Report.
On April 18, 2017, the Planning & Zoning Board (PZB) held public hearings on this Special Exception Permit application, as well as the companion Special Exception Permit for a large-scale retail establishment greater than or equal to 80,000 square feet of gross floor area and companion Site Plan applications. During the public hearings for this Special Exception Permit and the aforementioned companion applications, four (4) individuals commented on the applications. Draft minutes of the April 18, 2017, PZB Meeting summarizing public comments, are included within the materials attached to this item. Comments pertained to: previous actions between local and state agencies as related to the proposed development; local media coverage of the applications; small/local businesses as related to the proposed development; the limited availability of certain retail goods within the City; regulation of materials used as part of the automobile repair and servicing use; location of other large-scale retail establishments relative to the subject property; transportation concurrency; the community involvement of the applicant; and the business model of the applicant. Following the close of the public comment period for this application, the PZB voted 5-0 to transmit the Special Exception Permit for automobile repair and servicing to the City Commission with a recommendation to approve, subject to the four (4) conditions provided in Exhibit “A” of the April 18, 2017, Staff Report to the Planning & Zoning Board.
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