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2024-01-18 Item VI. A. Ex.2 24-001-SE Special Exception Staff Report ?itolitei L, . , . ,1 . 111,,,... ii, : _,...,, 3., . , - .0 ii ,... .. . .._ . .---ifF - �— - - '•� HWITHSi Aw1 4*.... - - •1_a__- .cam -_s, , HE•TH ST lit r = Subject �u„ a i,F Property � ,:sicime- r fi , _ , i)k. s...,. ,:, r. , (-, 1 744 7 t,,•• zi , ii.......-iim i %- — Of T 11 r -4 I , , .,1-- rmi = fr. I . , .... ...,_... _, ______ Applicant Terry Brink Parcel Identification ' 3-15-37-35-0010-00580-0010 (33565) •40, 1.0,t.of•oKt4.c....ti gal <L pi- T ,0 r, ValJ Prepared for The City of Okeechobee MORRIS — �DEPEW Special Exception January 10, 2024 Staff Report Petition No. 24-001-SE General Information Owner:Alejandro Estremera and Janet Estremera Applicant:Terry Brink Primary Contact:Terry Brink,actionsalesauto@gmail.com, (772) 233-5544 Parcel Identification: 3-15-37-35-0010-00580-0010 Note:For the legal description of the project or other information relating this application,please refer to the application submittal package which is available by request at City Hall and is posted on the City's website prior to the advertised public meeting at:https://www.cityofokeechobee.com/agendas.html Future Land Use, Zoning, and Existing Use of Subject Property Parcel Identification: Existing Proposed 3-15-37-35-0010-00580-0010 Future Land Use Commercial Commercial Zoning Heavy Commercial Heavy Commercial Use of Property Vacant (outdoor vehicle Outdoor vehicle sales lot sales lot) Acreage 0.481 Acres 0.481 Acres Future Land Use, Zoning, and Existing Use of Surrounding Properties Future Land Use Zoning Existing Use North Industrial Industrial (IND) CSX Railroad, Amtrak Station,Auto Service East Commercial Heavy Commercial (CHV) Parrott Ave (US 441),Auto Service South Commercial Heavy Commercial (CHV) Trucking/Distribution West Industrial Industrial (IND) Distribution CITY OF OKEECHOBEE 1 MORRIS DEPEW Special Exception January 10, 2024 Staff Report Petition No. 24-001-SE Description of Request and Existing Conditions The request for consideration by the City of Okeechobee Board of Adjustment is a Special Exception for an outdoor vehicle sales lot. The proposed use will occupy a 0.481-acre parcel, which is located at 711 N Parrott Ave. The subject property was previously approved for the special exception use of an outdoor vehicle sales lot, via Petition 05-006-SE. However, the operations ceased for period of at least 180 days. Due to that lapse, a new special exception approval is required to allow the vehicle sales use. The site contains two existing structures, an office building (440 SF) and a shed (160 SF), each with attached unenclosed covered areas. Metal bollards are spaced regularly along the west, north and east property lines except for openings for two curb cuts on US-441 and another opening on the west side to the alley. Nearly the entire site is paved with no landscaping that is apparent based on the materials submitted for this request. The site meets the definition of a nonconforming structure at the very least due to lack of landscaping, likely an exceedance of impervious surface area above the maximum permitted,and setback encroachment. LDC 66-1 provides the following definition: Nonconforming structure means a lawful building or structure existing on the date of enactment or amendment of these regulations, but which does not conform to the yard,setback,coverage, height, parking, landscaping or supplementary regulations of the district in which it is located. Additionally, LDC 90-37(2) provides the following regarding nonconforming structures: When a nonconforming structure is discontinued or abandoned for a period for a year, any future use of the property shall comply with the following: (1) Use. Future use shall be either a permitted use within the district or, after approval, a special exception use permitted in the district. (2)Nonconformity. Future use shall not increase the extent of nonconformity by reason of insufficient yards, setbacks, landscaping or parking, or excessive floor area, coverage or height. The applicant is not proposing any site improvements at this time, so there is currently no proposed increase in the nonconformity. However, in consideration of the special exception request,the board may consider requiring any site improvement that is deemed necessary to ensure compatibility and to ensure the use will meet the criteria for approval of a special exception request, as provided below. LDC 90-703 provides the following standards for Outdoor vehicle sales lots: • Minimum lot area: 10,000 square feet; 100 feet wide. • Display area: Vehicle display areas may be grass or other surface but must be maintained in a sightly and dust free condition. • Grass display areas are permitted only to the extent that they are identified on an approved site plan and such areas are in addition to the minimum 15 percent of the site that is required to be pervious. • Vehicles on display must be located at least three feet from any sidewalk or property line. • Lighting: Artificial lighting used to illuminate the premises must be directed away from adjacent properties and streets, shining only on the subject site. CITY OF OKEECHOBEE MORRIS DEPEW Special Exception January 10, 2024 Staff Report Petition No. 24-001-SE LDC 90-512(2) states that automobile sales lots require 1 off street parking space per 400 sf of floor area and 1 per 1,500 sf of outdoor area used for sales or display. The site plan provided by the applicant indicates the location of a number of parking spaces, though it does not indicate which spaces are intended to meet the minimum parking requirements(for employees and customers) and which areas are intended for display of merchandise. Consistency with LDC Section 70-373 City LDC Section 70-373(b) requires that applicants for special exception requests must address the following standards. The applicant has submitted responses to each standard, which are provided un- edited below. Staff comments are also provided in response to the standards and the applicant's responses. (1) Demonstrate that the proposed location and site is appropriate for the use. Applicant Response: Location was a previously established, long running auto sales business. Staff Comments: The subject property is located with direct frontage on US 441, a major commercial corridor within the City. The property is zoned Heavy Commercial (CHV) and designated Commercial on the Future Land Use Map.The surrounding existing uses,zoning,and future land use designations are all commercial or industrial. The Property has previously operated as an outdoor vehicle sales lot, though with at least one interruption in use. An outdoor vehicle sales lot has operated at this location for many years previously and this location continues to be appropriate for that use. (2) Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood. Applicant Response: No specific design efforts are needed, this building was established in 1958 and was a previously established long running auto sales business. Staff Comments: The applicant is not proposing any redesign of the buildings,which have been used previously for this use.Staff is not aware of any previous compatibility issues. (3) Demonstrate any landscaping techniques to visually screen the use from adjacent uses. Applicant Response:Corner lot, no visual screening is necessary on west and south boundaries as they are existing commercial/industrial properties. Staff Comments: The subject property has no existing landscaping and the adjacent uses are intensive heavy commercial and industrial uses that should not require any significant screening from the proposed auto sales use. However, the Board may consider requiring screening/plantings along the frontage of US-441. CITY OF OKEECHOBEE 3 MORRIS DEPEW Special Exception January 10, 2024 Staff Report Petition No. 24-001-SE (4) Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use. Applicant Response: There will be no hazards, problems or public nuisance created by operating a vehicle sales business. Staff Comments:The subject property has previously operated as an outdoor vehicle sales lot. Staff does not have any knowledge that the previous operations generated any hazards, problems, or nuisances. (5) Demonstrate how the utilities and other service requirements of the use can be met. Applicant Response: the utilities at the location are existing city utilities Staff Comments: The subject property is served by existing utilities and services, and no additional demands beyond those of the previous auto sales uses are expected. (6) Demonstrate how the impact of traffic generated will be handled, off site and on site. Applicant Response: There will not be an impact to traffic. Staff Comments: A Traffic Impact Statement has not been included in the application package. However, there is no reason to believe that allowing the previous operations to resume will result in greater traffic than was contemplated when the use was originally approved. However, the site plan provided indicates that vehicle ingress is proposed from the existing access point on US-441 and vehicles will egress onto the alley at the rear,which leads to NW 8`h Street.While this may have been the historical vehicle access route, it is not ideal.The alley is only 15 ft wide and is not intended for regular egress for a business. City LDC Section 70-373(c) provides a list of findings that the Board of Adjustment must address in its determination to approve the request, deny the request, or approve the request with conditions. The applicant has submitted responses to each finding, which are provided un-edited below. Staff comments are also provided in response to the findings and the applicant's responses. (1) The use is not contrary to comprehensive plan requirements. Applicant Response: No Staff Comments: The Okeechobee Comprehensive Plan does not contain any policies which prohibit the requested use. The proposed use is consistent with the Commercial Future Land Use Category, as described within the Comprehensive Plan. CITY OF OKEECHOBEE MORRIS 1 11M11111DEPEW Special Exception January 10, 2024 Staff Report Petition No. 24-001-SE (2) The use is specifically authorized as a special exception use in the zoning district. Applicant Response:Yes Staff Comments:The use is authorized as a special exception use in the CHV district, as stated in LDC Section 90-283(18). (3) The use will not have an adverse effect on the public interest. Applicant Response: No, it will not Staff Comments:The property has operated as an outdoor vehicle sales lot previously and it is not expected that re-establishment of the use will create any new disturbance or adverse effects on the public interest. (4) The use is appropriate for the location proposed, is reasonably compatible with adjacent uses, and is not detrimental to urbanizing land use patterns. Applicant Response:Yes it is. It was a previous car lot Staff Comments: As stated previously, the subject site and location are appropriate for the proposed use. (5) The use will not adversely affect property values or living conditions, nor be a deterrent to the improvement or development of adjacent property. Applicant Response: No it will not. Pre-existing lot/building Staff Comments: Re-establishment of the outdoor vehicle sales lot use should not adversely affect property values in this area of the City which contains heavy commercial and industrial uses. It is also not likely to be a deterrent to the improvement or development of adjacent properties. In fact,the continued vacancy of the property may be more likely to lead to blight than the resumption of operations. (6) The use may be required to be screened from surrounding uses, to reduce the impact of any nuisance or hazard to adjacent uses. Applicant Response: It shouldn't but if so, we can screen it. Staff Comments:The proposed use should not cause any impacts or nuisances to adjacent uses that would be remedied by screening. CITY OF OKEECHOBEE 5 MORRIS DEPEW Special Exception January 10, 2024 Staff Report Petition No. 24-001-SE (7) The use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Applicant Response: It will not. Staff Comments:The proposed use is not residential and will not create any additional demands on public-school facilities. No additional demands on other services should be expected, other than what was already contemplated when the auto sales use was originally approved. (8) The use will not create traffic congestion,flooding or drainage problems, or otherwise affect public safety. Applicant Response: It will not Staff Comments:The site has direct access to US 441,a Principal Arterial Roadway.The site plan provided by the applicant demonstrates the main means of ingress will be from US-441 and the main means of egress will be through a back alley that connects to NW 8th Street.The use should not generate a significantly greater number of trips than were generated by the previous auto sales use. The site appears to be nearly entirely impervious and there is no evidence of any storm water management facilities based on the applicant's submittal. However, approval of the applicant's request will not increase that existing nonconformity.The site has high visibility from the public rights-of-way and is not likely to cause any concerns related to public safety. Recommendation Based on the materials and statements provided by the applicant and the foregoing analysis, we recommend approval of this special exception subject to following condition: Applicant shall submit a site plan which provides: • location, dimensions, area and property line setbacks for areas used for sales/display • location and dimensions of employee/customer parking spaces • internal vehicle access aisle dimensions Submitted by: Ben Smith, AICP Director of Planning January 10, 2024 Okeechobee Board of Adjustment Hearing:January 18, 2024 CITY OF OKEECHOBEE MORRIS % DEPEW Special Exception January 10, 2024 Staff Report Petition No. 24-001-SE Supplemental Exhibits 48 3 13 49 13 1? 18 19 20 21 22 ,23 24 DN, INC RAILROAD :4 U0170: I I I I I I 1- I I i I NW 8TH ST , ,1 11 — ---a ,___ - 4 I-- 2 12 _ t� ZONING 3 w ,Tilll3 --iii. -59 56 e Z to ,., M.a..•WY.to". (V 7 7TH ST NE 7TH ell �...12w 01,. .,..o.. / 'a 2 1 16111.11 e O 1A111I1, I ill ! a 9 10 Exhibit A: Zoning Map CITY OF OKEECHOBEE 7 MORRIS DEPEW Special Exception January 10, 2024 Staff Report Petition No. 24-001-SE 9 t 7 2 1 I b li IS 13 11I I 10 9 B ] 2 p 10 9 I 7 I i a 7 2 I L. 17 18 l dL� CSX TRANSPORTATION,INC RAILRO u v u 15�+1u n 7s n a� :s s a •s SEABOA I I I I { I { I I i I I 4- I- I- I I I I A •TH ST 1 I II I 11 11 I 2 2 11 2 17 17 2 17 , 1 17 7 ❑ 13 7 . a r la IA ; 1a 59 a ? ;e ' S 7 ;0 5E4 la . 17 7 17 17 7 17 9 18 i Z lI II a 1I 9 19 9 19 19 9 19 1. 21 10 10 10 al NW 7TH ST NE 7TH ST 17 LAND USE CLASSIFICATIONS v 9 MI_ r ----RAILROAD CENTERLINE Sa• w a a, - -HOPKINS MEANDER LINE i 9 10 11 O W I 1, tI t. 1 �-RAILROAD CENTERLINE Z q 1,0 boundary tees NE 6TH ST U1 lI� NW 6TF ST 1-ii5ILI SIFAMI oundSINGLE•FAMILYRESIDENTIAL ' 9 ' NM :'.XED USE RESIDENTIAL :l p -� O MULTI.FAMILY RESIDENTIAL ., _ 4 CC N CO 111 COMMERCIAL 7 I 9• N7 11.I9 I i , 19 11 It Z 7 I 9 10 11 12 Z'3 INDUSTRIAL67.1 'T' 111 ® PUBLIC FACILITIES NW 5TH ST NE 5TH ST Exhibit B: Future Land Use Map CITY OF OKEECHOBEE 8 MORRIS DEPEW Special Exception January 10, 2024 Staff Report Petition No. 24-001-SE n _ . ._... ,.,, .. 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