LEGISLATIVE ACTION ITEM
SPONSOR: D. C. Reeves
SUBJECT:
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QUASI-JUDICIAL HEARING - REQUEST FOR A CONDITIONAL USE PERMIT - FORMER AUTO REPAIR BUSINESS - 23 WEST CERVANTES STREET
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RECOMMENDATION:
recommendation
That City Council conduct a Quasi-Judicial Hearing on July 20, 2023 to consider the request for a Conditional Use Permit to convert the existing structure at 23 West Cervantes Street into a restaurant.
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HEARING REQUIRED: Quasi-Judicial
SUMMARY:
Joseph Jacobs is requesting a Conditional Use Permit to allow for the adaptive reuse of the former auto repair shop located at 23 W. Cervantes Street. The purpose of the conditional use permit is to convert the existing building into a restaurant.
The subject property is located in PC-1 which is North Hill’s preservation commercial district. Per Sec. 12-3-107. - Conditional Use Permit, any proposed development or redevelopment of property within the PC-1 zoning district may apply for conditional uses listed under the zoning regulations for that district.
The following summarizes the standards for approval:
(d) Standards for approval. A conditional use may be approved by the city council only upon determination that the application and evidence presented clearly indicate that all of the following standards have been met:
(1) The proposed use shall be in harmony with the general purpose, goals, objectives and standards of the city comprehensive plan, the land development regulations, or any other applicable plan, program, map or regulation adopted by the city council.
(2) The proposed use will not adversely affect the public health, safety or welfare.
(3) The proposed use shall be compatible with the surrounding area and not impose an excessive burden or have substantial negative impact on surrounding or adjacent uses.
(4) The proposed use shall be provided with adequate public facilities and services, including roads, drainage, water, sewer, and police and fire protection.
(5) The proposed use will not create undue traffic congestion.
(6) The proposed use shall minimize, to the extent reasonably possible, adverse effects on the natural environment.
On June 13, 2023, the Planning Board reviewed the request and voted 6:0 to recommend approval of the Conditional Use Permit. Additionally, the Architectural Review Board conceptually approved the aesthetics for the project on May 18, 2023.
PRIOR ACTION:
None
FUNDING:
N/A
FINANCIAL IMPACT:
None
LEGAL REVIEW ONLY BY CITY ATTORNEY: Yes
6/13/2023
STAFF CONTACT:
Kerrith Fiddler, City Administrator
David Forte, Deputy City Administrator - Community Development
Sherry Morris, AICP, Development Services Director
Cynthia Cannon, AICP, Planning & Zoning Division Manager
ATTACHMENTS:
1) 23 West Cervantes Street - Conditional Use Application
2) Planning Board Minutes June 13 2023 DRAFT
3) Sec. 12-3-107. Conditional Use Permit
PRESENTATION: No end