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HomeMy WebLinkAbout2012-10-23 CC Meeting Packet Enclosure Oak Park Heights Request for Council Action Meeting Date October 23 2012 Time Required: 10 Minutes Agenda Item Title: Jeep Fury — Interim Use Permit — 14702 60 St. N. — Automotive Sales and Service Agenda Placement New Business i Originating Department/Request :ric oh *.o Cit Administrator Requester's Signature / Action Requested See Below Background /Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Please see the attached documents from City Planning Consultant Scott Richards. 1. Planning Report Dated Oct 3` 2012 (Exhibits can be found in the Oct 2012 Planning Commission Packet) 2. Planning Commission Resolution - Unsigned 3. Proposed City Council Resolution Page 19 of 84 T 3 601 Thurston Avenue N. Suite 100 Anoka, MN 55303 Phone: 763.231.5840 f=acsimile: 763.427.0520 TPC@Plan ni ngCo. corn PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: October 3, 2012 RE: Oak Park Heights — Fury Jeep - Automotive Sales and Service - Interim Use Permit — 14702 60 Street North FILE NO: 236.02 — 12.08 BACKGROUND David Phillips, of Phillips Architects and representing Fury Jeep, has made application for an Interim Use Permit to allow for automotive sales and service at 14702 60 Street North. The intent is to operate a Jeep sales and service operation out of the existing building on the former Denny Hecker dealership site at Highway 36 and Osgood Avenue. The property is zoned B -2, General Business District in which automotive sales and service is a Conditional Use. The Applicant plans to occupy the existing building and site until a new dealership facility or a substantial renovation is proposed. At that time the required site and building updates would be made. In that this will be a temporary facility for the dealership, the application is being processed as an Interim Use Permit so that an end date can be placed on the approvals. Attached for reference: Exhibit 1: • Project Narrative Exhibit 2: Site /Signage Plan (A2.0) Exhibit 3: Exterior Elevations and Signage Details (A3.0) Exhibit 4: Site Survey Exhibit 5: Pictures of Site /Building (Four Pictures) Page 20 of 84 ISSUES ANALYSIS Project Description. The description of project by Mr. Phillips within the project narrative is as follows: Background: Leonard investments, LLC is purchasing the property at 14702 60 Street North from Wells Fargo Bank. The property has been an automotive sales and service facility in the past. The most recent dealer closed the facility about 4 years ago due to severe legal and financial difficulties. Proposed Use and Zoning: The proposed use for the property remains new and used car sales and service of vehicles. There will be no body shop or paint booth at the new facility. The underlying zoning is B2 General Business. This application is for an Interim Use Permit to re -open the facility. Initially, Leonard investments will operate a Jeep franchise at the property. Proposed Timing of Future Site Improvements: There are changes proposed to the frontage road and intersection of Osgood Avenue and Highway 36. These changes are related to the construction of the new bridge over the St. Croix River. Leonard Investments will propose plans for a new dealership facility or substantial renovations to be started with 24 months after the final roadway plans and City redevelopment guidelines are available. Signa_ge: A signage plan has been submitted. The requested signage is less than allowed. Please note that the Fury and Jeep signs on the front fascia are separate as a condition of the Chrysler approval. There is a request for a temporary display of a new Jeep displayed on a pile of boulders with signage announcing the re- opening of the property. Comprehensive Plan. The Comprehensive Plan designates this area as Commercial on the Proposed Land Use Map. The use of the property for automotive sales and service is consistent with this and use designation. Zoning Ordinance. The property is zoned B -2, General Business District in which automotive sales and service is a Conditional Use. The Applicant has applied for approval under an Interim Use Permit to occupy the existing building and site until a new dealership facility or a substantial renovation is proposed. In that this will be a temporary facility for the dealership, the application is being processed as an Interim Use Permit so that an end date can be placed on the approvals. 2 Page 21 of 84 City Staff has discussed the timeline with the Applicants and a three year limit on the Interim Use Permit was agreed upon. The timeline could be extended by the City Council prior to the expiration of the permit. Section 401.05. Administration — Interim Use Permits outlines the allowances and criteria for uses that are to be located on a property for a limited time period. The criteria for the Interim Use are reviewed later in this report. The report also includes a review of the Conditional Use Permit criteria for automotive sales and service. Even though a CUP is not being considered, the criteria are relevant to the review of a car dealership. Parking and Traffic. There is adequate parking for a car dealership, customers and employees. Lighting. The existing light fixtures will not be changed at this time. Any new lighting of the site or at the time of renovation the site will need to be in compliance with the Zoning Ordinance and subject to review and approval of City staff. Signage. A temporary signage plan has been proposed that would consist of two wall signs on the fagade facing 60 Street. Two other informational signs are on the west elevation indicating service and the express lane for service. The signs are considered temporary and are within the size limitations for this business. One freestanding sign is proposed that will be 20 feet in height and consist of 53.5 square feet. Overall the total square footage of site signage is 179.5 square feet. The Applicants have proposed a display with a Jeep on a pile of boulders with signage announcing the re- opening of the property as a vehicle dealership. The Planning Commission should discuss if any additional limits on allowing this signage should be placed on the approvals. Trees /Landscaping. The Applicants are not proposing any changes to the landscaping at this time. They do concede that maintenance of the existing plantings is necessary and will contact the City Arborist for assistance in determining the maintenance required. Grading and Drainage. There will be no grading or drainage changes to the site. Any grading and drainage issues shall be addressed subject to review and approval of the City Engineer. • Mechanical Screening. Any additional mechanical equipment added to the building or site will need to be screened in accordance with Zoning Ordinance requirements. Trash /Recycling. The Applicants should address where trash and recycling containers will be stored. The Planning Commission should determine if the containers should be screened. 3 Page 22of84 Design Guidelines. The reuse of the existing structure for a car dealership shall be on a temporary basis. The building will not be changed from its current appearance except for paint and possibly the removal of the shingled awning on the front facade. The building changes will not be subject to Design Guidelines review. Interim Use Criteria: Section 401.05.0 of the Interim Use Permit section specifies a number of criteria for the review and approval of a use. A review of those criteria are as follows: 2. New Uses. a. Conforms to all zoning regulations as otherwise applicable. Comment: The use will be required to comply with Zoning Ordinance use standards and conform with performance standards for improvements made to the building and site. b. The date or event that will terminate the use can be identified with certainty. Comment: The use will be allowed to continue for three years from the date of City Council approval. c. The existence of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future. Comment: There should be no issues with public costs. d. The user agrees to any conditions that the City Council deems appropriate for permission of the use. Comment: The applicant will be required to agree to the conditions in writing. 401.30.E Conditional Uses: As indicated, please find below the review of the conditional use standards for automotive sales and service. It is recognized that the interim use will not need to fully comply with all of these items. 6. Open and outdoor services, sale, and rental as a principal or accessory use and automobile repair minor as an accessory use including new or used automotive, trucks, boats, or motorized vehicles and related accessory sales and provided that: a. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Section 409.15.E of this Ordinance. 4 Page 23 of 84 Comment: The outdoor sales areas will not be required to be fenced. b. All lighting shall be hooded and so directed that the light source shall not be visible from the public right -of -way or from neighboring residences and shall be in compliance with Section 401.15.8.7 of this Ordinance. Comment: The existing lighting is permitted. Any new lighting will need to comply with the Zoning Ordinance requirements. c. Sales and storage area is blacktopped or concrete surfaced and all paved areas are surrounded by concrete curbing. Comment: The sales and storage areas are already paved. d. The architectural appearance, scale, construction materials, and functional plan of the building and site shall not be dissimilar to the existing nearby commercial and residential buildings, and shall not cause impairment in property values, or constitute a blighting influence within a reasonable distance of the site. Comment: The existing building and site has functioned previously as a dealership and is not incompatible with the surrounding commercial areas. e. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. Comment: There should be no service issues with this use. f. All islands in the parking lot shall be landscaped. Comment: Not required at this time but would be with a redeveloped site. g. A strip of not less than ten (10) feet shall be landscaped at the edge of all parking /driveway areas adjacent to lot lines and the public right -of -way. Comment: Not required at this time but would be with a redeveloped site. h. All automobile repair activities shall be conducted within the principal structure and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of the service areas. Comment: This will be a condition of approval. 1. Facilities on a site contiguous to any residential district shall not be operated between the hours of 10:00 PM and 6:00 AM unless otherwise allowed by formal action of the City Council. 5 Page 24 of 84 Comment: This will be a condition of approval. • j. Provisions are made to control and reduce noise in accordance with Section 401.15.B.11 of this Ordinance. Comment: Appropriate conditions will be added to the approval. k. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Section 401.15.F of this Ordinance and shall be subject to the approval of the City Engineer. Comment: There should be no issues with the current vehicular access points. 1. A drainage system subject to the approval of the City shall be installed. Comment: The drainage system is in place. m. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15. G of this Ordinance. Comment:. Addressed in another section. The signage shall be compliant. n. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. Comment: The criteria are found below. The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning Ordinance, are found as follows: 1. Relationship to the specific policies and provisions of the municipal comprehensive plan. 2. The conformity with present and future land uses in the area. 3. The environmental issues and geographic area involved. 4. Whether the use will tend to or actually depreciate the area in which it is proposed. 5. The impact on character of the surrounding area. 6. The demonstrated need for such use. 7. Traffic generation by the use in relation to capabilities of streets serving the property. 8. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. 9. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). • The Planning Commission should comment if any of these criteria will be a odds with the interim use permit proposed for the site. City Staff does not see any issues. 6 Page 25 of 84 CONCLUSION AND RECOMMENDATION Based upon the preceding review, City Staff recommends approval of the Interim Use Permit to allow for automotive sales and service at 14702 60 Street North subject to the following conditions: 1. The Interim Use of the site by Fury Jeep shall be limited to three years from the date of City Council approval. The applicant may request an extension of the Interim Use Permit by the City Council prior to its expiration. 2. The City will not require conformance with the Design Guidelines as part of the Interim Use approval. 3. The grading, drainage and utility plans shall be subject to the review and approval of the City Engineer. 4. All new lighting fixtures shall be full cut off and installed in compliance with the lighting standards of the Zoning Ordinance. All visible interior lighting shall also be full cut off. 5. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting. 6. Changes to the landscape or new plantings are subject to review and approval of the City Arborist. 7. Any new mechanical equipment that is located on the roof or ground level and visible from street level or from neighborhood properties shall be screened with materials that blend harmoniously with the building facade materials. 8. The applicant shall indicate where trash and recycling containers will be stored. The Planning Commission should discuss whether the containers should be screened if stored outdoors. 9. The Planning Commission should discuss whether time limits should be placed on the display with the Jeep and signage. 10. The sign specifications and methods of illumination shall be subject to review and approval of the City Planner at the time of permitting. 11. The Planning Commission should comment on the changes to the exterior of the building. Any exterior changes shall be subject to City Staff review and approval. 12. The use of an exterior announcement system shall not be allowed. 13. All storage of materials, parts and supplies shall be interior to the building. 7 Page 26 of 84 14. All auto repair activities shall be conducted indoors and the overhead doors to service bays shall be kept closed at all times except when moving vehicles in and out. 15. Automotive sales and service shall not be conducted between the hours of 10:00 PM and 6:00 AM unless otherwise allowed by formal action of the City Council. 16. The applicant shall receive and retain, if required, a Hazardous Waste Generators License for batteries, oil and tires from Washington County. • • 8 Page 27 of 84 1 !, U ; ..: , .. L EIBIT 2 1 C 1 I 1 i 1 I I i 1 1 iri i 1 1 1 j 1 • ; ; i 1 1 1 1 i' ! !1i I . • " 1 XH L ill[_,I Pli „; i 11,,,, ;1,, i I f 1 i 'i; 1 i 11 • .., ' '.1; t 1 11 1 rn I 11;; 1 1 1 t t : , 1 1, t 1 1 • il I , 1 ; t : 1 ' I f, 1 '--.---, .• I . 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I !AA Mar AMP/ A w�t A.. ^ !3 ° -.. r. t �� ' •••• M ":^' >« M , S..A.r.a. i ...w,...4...�...�.. 3,0 ..rw. MMw..I t a . w.. tr... r..r. a•O•ar......M N..e / \\ CU f0 CD W • O 0 _ • A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY DAVID PHILLIPS, REPRESENTING FURY JEEP FOR AN INTERIM USE PERMIT TO ALLOW FOR AUTOMOTIVE SALES AND SERVICE AT 14702 60 STREET NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from David Phillips, representing Fury Jeep for an Interim Use Permit to allow for automotive sales and service at 14702 60'" Street North, and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned B -2, General Business District in which automotive sales and service use is a conditional use; and 4. Fury Jeep has requested an Interim Use to operate a Jeep sales and service operation out of the existing building until a new 'dealership facility and improvements are made to the existing site; and 5. The existing building and site will be a temporary facility for the dealership requiring an Interim Use Permit. Approval of the use would be for a period of three years, with the possibility of an extension by the City Council; and 6. City staff prepared a planning report dated October 3, 2012 reviewing the request; and Page 35 of 84 7. Said report recommended approval of the Interim Use Permit subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at their October 11, 2012 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted by David Phillips, representing Fury Jeep for an Interim Use Permit to allow for automotive sales and service at 14702 60 Street North and affecting the real property as follows: SEE ATTACHMENT A. Be and the same as hereby recommended to the City Council of the City of Oak Park I- leights for approval with the following conditions: 1. The Interim Use of the site by Fury Jeep shall be limited to three years from the date of City Council approval. The applicant may request an extension of the Interim Use Permit by the City Council prior to its expiration. 2. The City will not require conformance with the Design Guidelines as part of the Interim Use approval. 3. The grading, drainage and utility plans shall be subject to the review and approval of the City Engineer. 4. All new lighting fixtures shall be full cut off and installed in compliance with the lighting standards of the Zoning Ordinance. All visible interior lighting shall also be full cut off. 5. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting. 6. Changes to the landscape or new plantings are subject to review and approval of the City Arborist. 7. Any new mechanical equipment that is located on the roof or ground level and visible from street level or from neighborhood properties shall be screened with materials that blend harmoniously with the building facade materials. 2 Page 36 of 84 8. The trash and recycling containers shall be stored inside the building or within the existing exterior enclosure. 9. The display with the Jeep on the boulders shall be allowed to remain for the duration of the Interim Use Permit. Signage on the Jeep shall be allowed for 90 days after opening of the Jeep dealership. 10. The sign specifications and methods of illumination shall be subject to review and approval of the City Planner at the time of permitting. 11. The Planning Commission was favorable to the proposed changes to the exterior of the building. Any exterior changes shall be subject to City Staff review and approval. 12. The use of an exterior announcement system shall not be allowed. 13. All storage of materials, parts and supplies shall be interior to the building. 14. Al] . auto repair activities shall be conducted indoors and the overhead doors to service bays shall be kept closed at all times except when moving vehicles in and out. 15. Automotive sales and service shall not be conducted between the hours of 10:00 PM and 6:00 AM unless otherwise allowed by formal action of the City Council. 16. The applicant shall receive and retain, if required, a Hazardous Waste Generators License for batteries, oil and tires from Washington County. Recommended by the Planning Commission of the City of Oak Park Heights this 11 °i day of October, 2012. Jennifer Bye, Chair ATTEST: Eric A. Johnson, City Administrator 3 Page 37 of 84 Attachment A • Physical Address: 14702 60th St. N. Washington County Property I.D.: 33- 030 -20 -43 -0042 Legal Description: Parcel C: Block 4, Summit Park, Washington County, Minnesota, excepting therefrom the East 362.80 feet thereof. Together with the South One -half (s 1/4) of vacated Clara Street lying between the West line of South Fourth Street and the East line of Meridian Street, now known as Oren Avenue, except the East 362.80 feet thereof. Torrens Certificate No. 55715 Parcel D: All of Blocks 5 and 8, Summit Park, except the East 181 feet thereof, except that part taken for highway; also together with the vacated William Street and the South half of vacated Myron Street accruing thereto, together with an easement for ingress and egress over and across the Westerly driveway located on the East 181 feet of said Blocks 5 and 8 of Summit Park; Washington County, Minnesota. Abstract Property The above description describes the same property as in Title Commitment File No. 31842 of Commercial Partners T file, LLC., dated April I, 2009. Page 38 of 84 ATTACHMENT B • Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s) /Legal Description(s) Required Approvals: City Council 4/5 Interim Use Permits - Termination: An interim use permit shall terminate on the happening of any of the following events, • whichever first occurs: 1. The date stated in the permit or ordinance. 2. Upon violation of conditions under which the permit was issued. 3. Upon change in the City's zoning regulations which renders the use non - conforming. 4. The redevelopment of the use and property upon which it is located to permitted or conditional use as allowed within the respective zoning district. Page 39 of 84 RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY DAVID PHILLIPS REPRESENTING FURY JEEP FOR AN INTERIM USE PERMIT TO ALLOW FOR AUTOMOTIVE SALES AND SERVICE AT 14702 60 STREET NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from David Phillips, representing Fury Jeep for an Interim Use Permit to allow for automotive sales and service at 14702 60 Street North, and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. The City Council of the City of Oak Park. Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned 13-2, General Business District in which automotive sales and service use is a conditional use; and 4. Fury Jeep has requested an Interim Use to operate a Jeep sales and service operation out of the existing building until a new dealership facility and improvements are made to the existing site; and 5. The existing building and site will be a temporary facility for the dealership requiring an Interim Use Permit. Approval of the use would be for a period of three years, with the possibility of an extension by the City Council; and Page 40 of 84 6. City staff prepared a planning report dated October 3, 2012 reviewing the request; and 7. Said report recommended approval of the Interim Use Permit subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at their October 11, 2012 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the request be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by David Phillips, representing Fury Jeep for an Interim Use Permit to allow for automotive sales and service at 14702 60 Street North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. The Interim Use of the site by Fury Jeep shall be limited to three years from the date of City Council approval. The applicant may request an extension of the Interim Use Permit by the City Council prior to its expiration. 2. The City will not require conformance with the Design Guidelines as part of the Interim Use approval. 3. The grading, drainage and utility plans shall be subject to the review and approval of the City Engineer. 4. All new lighting fixtures shall be full cut off and installed in compliance with the lighting standards of the Zoning Ordinance. All visible interior lighting shall also be full cut off. 5. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting. 6. Changes to the landscape or new plantings are subject to review and approval of the City Arborist. 7. Any new mechanical equipment that is located on the roof or ground level and visible from street level or from neighborhood properties shall be screened with materials that blend harmoniously with the building facade materials. 2 Page 41 of 84 8. The trash and recycling containers shall be stored inside the building or within the existing exterior enclosure. 9. The display with the Jeep on the boulders shall be allowed to remain for the duration of the Interim Use Permit. Signage on the Jeep shall be allowed for 90 days after opening of the Jeep dealership. 10. The sign specifications and methods of illumination shall be subject to review and approval of the City Planner at the time of permitting. 11. The City Council approves the proposed changes to the exterior of the building. Any exterior changes shall be subject to City Staff review and approval. 12. The use of an exterior announcement system shall not be allowed. 13. All storage of materials, parts and supplies shall be interior to the building. 14. All auto repair activities shall be conducted indoors and the overhead doors to service bays shall be kept closed at all times except when moving vehicles in and out. 1.5. Automotive sales and service shall not be conducted between the hours of 10:00 PM and 6:00 AM unless otherwise allowed by formal action of the City Council. 16. The applicant shall receive and retain, if required, a Hazardous Waste Generators License for batteries, oil and tires from Washington County. Approved by the City Council of the City of Oak Park heights this 23rd day of October, 2012. David Beaudet, Mayor -, , I I ATTEST: III Eric A. Johnson, City Administrator 3 Page 42 of 84 • Attachment A Physical Address: 14702 60th St. N. Washington County Property I.D.: 33- 030 -20 -43 -0042 Legal Description: Parcel C: Block 4, Summit Park, Washington County, Minnesota, excepting therefrom the East 362.80 feet thereof. 'Together with the South One -half (s 1/2) of vacated Clara Street lying between the West line of South Fourth Street and the East line of Meridian Street, now known as Oren Avenue, except the East 362.80 feet thereof. Torrens Certificate No. 55715 Parcel 1): All of Blocks 5 and 8, Summit Park, except the East 181 feet thereof, except that part taken for highway; also together with the vacated William Street and the South half of vacated Myron Street accruing thereto, together with an easement for ingress and egress over and across the Westerly driveway located on the East 181 feet of said Blocks 5 and 8 of Summit Park; Washington County, Minnesota. Abstract Property The above description describes the same property as in Title Commitment File No. 31842 of Commercial Partners Title, LLC., dated April 1, 2009. Page 43 of 84 ATTACHMENT B Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed • Property "Tax Statement (s) /Legal Description(s) • Required Approvals: City Council 4/5 Interim Use Permits - Termination: An interim use permit shall terminate on the happening of any of the following events, whichever first occurs: 1. The date stated in the permit or ordinance. 2. Upon violation of conditions under which the permit was issued. 3. Upon change in the City's zoning regulations which renders the use non - conforming. 4. The redevelopment of the use and property upon which it is located to permitted or conditional use as allowed within the respective zoning district. Page 44 of 84 •