Planning commission recommends special-use permit for auto sales at 2050 E. Lincoln Hwy

The DeKalb Planning and Zoning Commission on Jan. 21, 2005 recommended the City Council approve a special-use permit allowing automobile sales at 2050 East Lincoln Highway, moving the request forward by a unanimous roll-call vote after hearing staff presentation and one neighbor comment.

Staff member Dan presented the proposal and said the applicant, Cyrillo Mendez, seeks permission to operate JW Auto Sales from a 1.15-acre site currently improved with a house and two detached garages. Dan said the property is zoned Light Commercial and that auto sales are a special use in that district; he also summarized a site plan showing a paved display area, a five-space customer parking lot (including one handicapped space) and a proposed detention basin, and noted the applicant intends to convert the house into a sales office. Dan said the applicant supplied a preliminary floor plan and that the work must meet ADA and building-code requirements before occupancy. "The applicant, Cyrillo Mendez, is in the audience," Dan said, and staff recommended approval subject to 10 conditions.

The staff report described required conditions the commission would attach if it forwarded approval: pave a vehicle display area to provide the required spaces, prohibit vehicle repairs on site while allowing auto detailing as defined in the Unified Development Ordinance, prohibit storage of inoperable vehicles and of boats/trailers/RVs, require compliance with EPA disposal rules for fluids and tires, and allow continued use of the existing well and septic unless redevelopment triggers a sewer/water connection. Dan told commissioners the special-use permit would expire in one year if the paved display area, drainage basin, landscaping, lighting, sales office construction and final occupancy were not completed; staff said the one-year limit was shorter than the usual two-year period to ensure timely construction.

Neighbor James Worrall of 1840 East Lincoln Highway said he had no objection to the project but expressed concern about drainage and the detention basin's location. "I don't believe there's room for a retention pond in that space," Worrall said, and urged consideration of locating detention to the east or south because field tiles and site drainage trend south. In response, Cyrillo Mendez said his team was working with the engineers and trying "to get that drainage to either be moved towards the back of the property" so it would not cause trouble for neighbors. Dan and other staff said the preliminary plan had been reviewed by the city engineer and that more detailed engineering will be required at permit stage to show the basin will detain on-site runoff and not increase runoff to adjacent properties.

Commissioners asked clarifying questions about signage, drainage, and ADA access. Commissioner Wright said the proposal "fits the UDO requirements of what commercial is," and commissioners confirmed that signage would be regulated by existing code and would not return to the commission unless a variance were requested. Commissioner McMahon moved to forward findings of fact and recommend City Council approval of the special-use permit as shown on the submitted site and floor plans and subject to the 10 conditions listed in staff materials; Commissioner O'Flaherty seconded. The roll-call vote was Yes from Commissioner Becker, Commissioner O'Flaherty, Commissioner Wright, Commissioner McMahon and Chair Maxwell; the motion passed.

The conditions and the one-year completion requirement were emphasized repeatedly during the discussion. Staff reiterated that final building and engineering permits must show compliance with ADA standards, drainage and grading requirements, and the Unified Development Ordinance before any work begins. No additional public objections were recorded at the hearing; staff said the only written comment received was from the adjacent property owners (James and Evelyn Worrall) concerned about runoff.

The commission's recommendation moves the request to the City Council for final action; the council will consider the special-use permit and the attached conditions at a future meeting, and any changes to the site plan, drainage design or required variances would require further review or a permit amendment.