Case #22-200-08 Automotive Sales Applicant: Cortland Thurman Midwest Kustom Automotive Action: Special Use Permit
E. 35th Street S.
S. Denton Road
E. US 40 Highway
Current Zoning C-2 (General Commercial) R-6 (Single-Family Residential)
Former Zoning Prior to 2009, the portion zoned R-6 was called R-1b
Property History
Case #22-200-08
• In May 2021, the applicant made application to both get a Special Use Permit to sell used cars and to rezone the property to C-3 (Service Commercial) to do heavy auto repair. • Incomplete details of the proposed site plan lead the Planning Commission to suggest some additional planning with staff. Thus, the applicant pulled both cases and agreed to work with staff before coming back. The applicant did not reapply until May 11, 2022. • In April, the Codes division started a case for vehicle screening and garbage that halted when the Special Use Permit process began. It was restarted in July as a case siting, temporary storage containers, nuisance vehicles, garbage and fence maintenance. • The property has been used for storing inoperable vehicles before being acquired by the applicant. The property has never had a business license for heavy automotive repair and there currently is not a business license for the site.
Surrounding Zonings
Case #22-200-08
E. 35th Street S.
E. US 40 Highway
Case #22-200-08
Analysis • • • • • • • • •
Consistency with Independence for All, Strategic Plan Comprehensive Plan Guiding Land Use Principles Historic and Archeological Sities Public Utilities Site Improvements Parking and Driving Surface Environmental Landscape and Screening CIP Investments
Comprehensive Plan
Case #22-200-08
E. 35th Street S.
E. US 40 Highway
Case #22-200-08
Analysis • • • • • • • • •
Consistency with Independence for All, Strategic Plan Comprehensive Plan Guiding Land Use Principles Historic and Archeological Sities Public Utilities Site Improvements Parking and Driving Surface Environmental Landscape and Screening CIP Investments
Case #22-100-08
Aerial Photograph E. 35th Street S.
E. US 40 Highway
Case #22-200-08
Analysis • • • • • • • • •
Consistency with Independence for All, Strategic Plan Comprehensive Plan Guiding Land Use Principles Historic and Archeological Sities Public Utilities Site Improvements Parking and Driving Surface Environmental Landscape and Screening CIP Investments
Aerial Site Plan
Case #22-100-08
Used Car Lot Map
Case #22-100-08
Looking North at he Property
Looking East of the Property
Looking South of the Property
Looking West of the Property
Looking across E. 35th Street S. directly at the Property
Looking West up E. 35th Street S. from the Site
Across E. 35th Street S. to the North
Across E. 35th Street S. to the Northeast
Neighboring Property to the East
Staff does not recommend approval of this Rezoning for the following reasons:
Case #22-200-08
1)The US 40 Highway corridor already has too high a concentration of used car dealerships;
2)The applicant’s narrative describes vehicle panel replacement, water-based painting and the restoration of inoperative vehicles that requires C-3 zoning to permit General automotive repair. 3)As this corridor is envisioned by the Comprehensive Plan to be residential, this property along with this corridor is currently concentrated with C-2 zonings that are suited for Limited automotive businesses.
However, if approved the following conditions should apply:
Case #22-200-08
1)Provide a solid wood screen, behind the front building lines, for cars awaiting to be prepared; 2)Provide a landscaped, solid fence line per Code for the adjacent residential buffer; 3)Provide more a detailed and complete landscaping/screening plan; 4)Repave the parking and driving surface; 5)Keep all required licensing up to date.