ITEM DESCRIPTION:
Title
CU-2301: Request to allow a conditional use permit for outdoor storage within the B-3 zoning designation in accordance with Article 3, Section 21-33.05, Table 3 for the property at 431 Live Oak Street.
Body
OWNER:
Mark Pernell
APPLICANT:
Dannie Shields III
REQUESTED ACTION:
1. To allow an accessory use without a principle use in lieu of the requirement for a principle use prior to an accessory use according to Article III, Section 21-36.02(a).
2. To allow an accessory use without a principal structure in lieu of the requirement for a principle use with a principal structure prior to allowance of an accessory use according to Article III, Section 21-36.02(b).
LOT SIZE:
86.92 feet in width by 179.69 feet in length = 15,618 square feet.
PROPOSED USE:
Outdoor Truck and Equipment Storage for Tree Trimming Company
CURRENT LAND USE:
Vacant
FLUM DESIGNATION:
Commercial
ZONING DISTRICT:
B-3, Highway Commercial
VOTING DISTRICT:
District 1, Councilwoman Charlotte Gillis
SURROUNDING AREA:
|
|
Current Land Use |
FLUM Designation |
Zoning District |
|
North |
Vacant |
Commercial |
B-3 |
|
East |
Boat Repair |
Commercial |
B-3 |
|
South |
Vacant |
Commercial |
B-3 |
|
West |
Single-Family Home |
High Density Residential |
R-5 |
Background:
The applicant first approach staff regarding the use of the site for outdoor storage. Staff informed the applicant that by right, outdoor storage is a conditional use within the B-3, Highway Commercial zoning designation. In addition, staff informed the applicant that the site is current vacant. Outdoor storage is considered an accessory use and the vacant site does not have a principle use nor a principle structure. Staff stated to the applicant that it is possible to achieve outdoor storage as a conditional use if the applicant applies for two variances. The first variance is to allow outdoor storage as a principle use and the second is to allow an accessory use without a principle structure. The applicants mother lives across the street from the vacant property and is plagued by transients who occupy the vacant site in the evenings. The applicant wants to purchase the property to use the site for outdoor storage for his tree trimming company while also allowing the applicant to remove transients who occupy the process through trespassing laws.
Land Use Compatibility:
The subject property at 431 Live Oak Street is on the backside of Highway 1. It is across from high density future land use designations and R-5, multi0family zoning designation. If the applicant chose to develop the site with a principle structure, he would have to set his building 50 feet back from his property line as the land development code requires a 50 foot setback from residential uses. The properties across the street are all developed with single-family homes despite their future land use and zoning designation. The property to the north and south is vacant; both properties have a Commercial future land use and a B-3, Highway Commercial zoning designation. The applicants request is not unusual for a commercial property. The applicant has suggested that he does not want to remove any trees onsite and would be willing to provide additional screening by placing slats in the existing 6 foot perimeter fence. Staff believe that the intended use for commercial truck and equipment storage can be compatible with adjacent residential uses so long as the applicant adheres to the concerns noted by the Environmental Services Department.
Environmental Services does not object to the proposed use of the vacant site for outdoor storage of mobile commercial equipment, as this use does not directly impair any of the services provided by Environmental Services Department. However, Applicant should be aware that any development or use of the site will require, at minimum, construction of a concrete driveway apron and shall be graded such that stormwater runoff from all driveways & parking areas will flow into an onsite dry-bottom stormwater pond which discharges into an adjacent publicly-owned right-of-way and not onto adjacent privately owned property. The size of the pond must be sufficient to capture at least 1-inch over the entire property area, which is 15,492 sqft * 1/12 = 1,291 cubic feet of volume. Loading and unloading of equipment should not be performed in a way which would limit access to adjacent properties nor deteriorate the surface of the public roadway.
If the Applicant’s use of the site is found to create nuisance soil tracking or erosion & sedimentation issues, the Applicant will be required to stabilize the internal driveways and parking areas. Note that if such stabilized driveways and parking areas exceed 4,000 sqft in total area, Applicant will be required to obtain a State-level Environmental Resource Permit which requires the services of a licensed professional engineer.
Adequate Public Facilities:
No impact on public facilities.
Comprehensive Plan Consistency:
Staff believes the intended use is compatible with the comprehensive plan:
Policy 1.4.1: Limiting Development and the Utility Service Area:
The City will limit land development activities outside of the adopted Utility Service Area boundary to encourage infill and ensure the availability of services and facilities to accommodate development.
Policy 1.4.3: Reducing Limitations on Infill and Redevelopment
If necessary, the City may reduce limitations on infill and redevelopment activities consistent with the land uses and densities indicated in this Plan in situations that will not jeopardize public health, safety or welfare.
Policy 1.4.4: Revitalizing US Highway 1 and Park Avenue Corridors
In March of 2015, the City adopted a Community Redevelopment Area (CRA) for the majority of U.S. 1 and a significant portion of Park Avenue. The City shall continue to promote redevelopment in these areas and encourage innovative planning within the CRA.
Policy 1.5.5: Higher Density Residential Areas
Higher density residential development shall be designated for areas adjacent to more intensive land uses such as Commercial and Light Industrial. Where feasible, visual
buffering shall be utilized to reduce any negative effects on the residents of such development.
RECOMMENDED ACTION
Motion to recommend approval for CU-2301 with the condition the applicant provides slats in the existing 6 foot fence, and if determined by code enforcement, shall improve the property to adequately address any nuisance that may potentially emerge.