Marion County Board of County Commissioners

Transcription

1 Marion County Board of County Commissioners Date: 10/27/2015 P&Z: 10/26/2015 BCC: 11/17/2015 Item Number SU Type of Application Special Use Permit Request Parking of a Commercial Truck in the A-1 District Owner/Applicant Charles and Brenda Crutchfield Parcel #/Acreage /2.88 Acres Future Land Use Rural Land Existing Zoning A-1, General Agriculture Zoning District Code Enforcement Action: Please see Staff Analysis Section in Body of Report Case #: Source: Open Date: Remarks: Close Date: Staff Recommendation Denial P&Z Recommendation Recommended Denial Project Planner Lisa Wargo, Sr. Planner Summary The applicant, Charles Crutchfield, is requesting a Special Use Permit to allow for parking of a semi-tractor trailer commercial truck in the A-1, General Agriculture Zoning District. The applicant s request is in accordance with Article 2, Division 8, Special Use Permit section of the Marion County Land Development Code (LDC) code, and Staff is recommending. Public Notice Notice of public hearing was mailed to 9 property owners within 300 feet of the subject property. No letters concerning this request have been received. Background Location: The subject property is located approximately 796 feet northeast of NE 199 th Street Road, on the southeast side of E. Highway 318, Citra, Florida. The property consists of 2.88 acres and is improved with a manufactured home. 1

2 Land Use: The following table summarizes adjacent future land use designation, zoning districts and existing uses: ADJACENT PROPERTY CHARACTERISTICS Direction Future Land Use Zoning Existing Use MCPA Property Class Subject Property North Rural Land Rural Land & Preservation A 1 General Agriculture A 1 General Agriculture South Rural Land A 1 General Agriculture East Rural Land A 1 General Agriculture West Preservation A 1 General Agriculture Transportation: Manufactured Home Residence Manufactured Home Residence & SJRWMD Conservation Land Manufactured Home Residences & Traditional Single Family Home Access. The subject property is accessed via E Highway 318. () Improved, Manufactured Home () Improved, Manufactured Home (87) State Property () Improved, Manufactured Home () Improved, Manufactured Home (01) Improved, Single family Residential (01) Improved, Single family Residential (87) State Property Access Road(s) Class LOS/Est. Trips per Day Existing Conditions Maintained By E Hwy. 318 Collector 2,900 County Surface Paved 25 ft. No. Lanes Total ROW Width Bike Lane Y/N Traditional Single Family Home SJRWMD Conservation Land Sidewalk Y/N 2 17 N N Utility Services: Planned Enhancements 2015 Plan Class Surface No. Lanes Total ROW Width Bike Lane Y/N Sidewalk Y/N NA Paved NA NA N N Utility Service Provider Existing water Marion County Utilities Private well sewer Marion County Utilities Private septic 2

3 Staff Analysis Code Enforcement Actions: Case # This County Code Enforcement Division case was opened on 4/20/2010 in response to the illegal presence of a commercial truck and trailer parked on an A-1 General Agriculture zoned property. The owner of the vehicle had not approached the County to get the required Special Use Permit. The applicant applied for, and received, a Special Use Permit from the County in September of The permit was set to expire on September 21, It was a condition of the approval of the first Special Use Permit that the applicant to provide a paved driveway apron and contact the Marion County Transportation Department within 30 days of the approval of the SUP to determine whether any related permits were required for the driveway. On 11/18/2010, the applicant submitted for, and received approval of, an application for a building permit to bring the drive-way up to code in accordance with the MC Transportation Department, notes within the County s tracking system state the following; The County was never contacted for an inspection of the drive-way work and the building permit expired on 3/04/2011, without the required driveway upgrades being performed in accordance with the approved Special Use Permit. On September 9, 2013, a letter from the County s Growth Services Department was mailed to the applicant informing the applicant that his SUP was set to expire, and that the applicant must renew the permit if the applicant wanted to continue to use the site for parking of the commercial vehicle; the applicant never replied or sought extension of the permit. Case # Another Code Enforcement Case was opened on 8/24/2015 due to the continued presence of the commercial vehicle and trailer onsite following the expiration of the Special Use Permit two years earlier (and the required drive-way updates not being performed). The applicant has submitted this request for an additional Special Use Permit in response to the Code Enforcement action. This case closed on 9/8/2015 following submittal of the applicant second SUP request. In consideration and review of the Applicant s actions (or lack thereof) stated above, Staff does not feel that the Applicant acted in good faith in honoring the requirements of the previously approved Special Use Permit conditions, including the required driveway and apron improvements, and the continued commercial vehicle use despite the notifications from County Staff concerning the pending expiration of the permit and the requirement of having to reapply for another SUP. In reaching its decision, the Planning & Zoning Commission shall find that the following exist: 3

4 a. Granting the proposed Special Use Permit can adversely affect the public interest. The Applicant s request could adversely affect the public interest by degrading the County-owned and maintained Hwy. 318 by utilizing the highway for access without the proper and required improvements to that access. b. The proposed Special Use Permit is consistent with the current Comprehensive Plan. The Marion County 2035 Future Land Use Map indicates that the subject property as being planned and utilized for Rural Land categorical uses in the future. The Applicant s requested use through the Special Use Permitting process is consistent with the allowable uses. c. The proposed Special Use Permit is compatible with land uses in the surrounding area. The subject property has been adequately buffered for the use in the past and the required buffering still exists; however, the Applicant did not follow through with the conditions of the previously approved and issued SUP to provide the driveway and apron improvements which imposed additional wear and tear on the county owned right-of-way and shoulder/easement., in addition to the structural foundation of the untreated driveway. At the time of drafting this report, Staff had not yet received any letters in opposition from the surrounding property owners. Entrance to property and vehicle parked onsite. Photos of the Subject Property Facing the subject property (south) Deteriorated & unimproved existing driveway entrance, facing SW along Hwy

5 Deterid Existing natural buffer on western boundary. SJRWMD preserve lands across Hwy 318. Facing NE, adjacent to subject property. ROW Easement located immediately north Staff Recommendation: Staff recommends Denial of the Special Use Permit request. In the event the Planning and Zoning Board disagrees with Staff s findings, the following alternate approval conditions are being recommended; 1. The ingress/egress of the commercial vehicle shall be from E. Hwy The vehicle must be parked in accordance with the submitted conceptual plan. 3. Within 30 days of approval and prior to the issuance of the approved Special Use Permit, the applicant must provide proof to the County Growth Services and Building Department that the applicant has contacted the County s Marion County Transportation Department to determine the type and extent of the driveway and driveway apron improvements required for the use. 4. The existing opaque screening buffer along the western boundary of the property shall remain, unaltered, to screen the use from Hwy The Special Use Permit is limited to a maximum of one commercial vehicle parked onsite. 5

6 6. The parking/storage of a refrigerated trailer unit(s) is prohibited. 7. No mechanical repairs/maintenance on the commercial vehicle shall take place on-site. 8. The owner/operator of the commercial vehicle shall reside on-site. 9. The Special Use Permit shall run with the owner and not the property. 10. The Special Use Permit shall expire on November 17, The applicant may submit a new Special Use Permit Application for consideration to renew and extend this permit in the future. 6

7 151104SU Aerial E H W Y 31 8 Subject Property NE 199 TH ST REET RD Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community Miles

8 Existing Land Use Designation SU Subject Property SIMMONS LAKE NORTH Use per MC Property Appraiser 01 Single Family Res 50-69/99 Agricultural 00/10/40/70 Vacant 71 Church Mobile Home 06-07/11-39 Commercial Industrial Public 82 Recreation 03-05/08 Multi-Family 77 Club/Lodge/Union Hall OWNER: AGENT: 01 PARCEL(S): 08 SIMMONS LAKE MANOR 00 1 inch = 250 feet CHARLES & BRENDA CRUTCHFIELD CHARLES CRUTCHFIELD LOCATION: W SR 40, US HWY 441, US HWY 301, E HWY 318, Subject Property on right at: 6790 E Hwy The information shown hereon is compiled from the best available sources and for use by the County offices only. This data should not be used for surveying or land transfer of any type. Legend All Amendments Rural Land (1 du/10 ac) Urban Residential (8-16 du/ac) Employment Center (0-12 du/ac; FAR 2.0) Policy 1.20 _ Low Residential (0-1 du/ac) Medium Residential (1-4 du/ac) High Residential (4-8 du/ac) Rural Activity Center (0-2 du/ac; FAR 0.35) Rural Community (0-3 du/ac; FAR 0.70) Commercial (0-6 du/ac; FAR 1.0) Commerce District (N/A; FAR 2.0) Public (N/A; FAR 1.0) Preservation (N/A; N/A) Municipality

9

10

11

12

13

14