TO: Mayor and Commissioners
FROM: Timothy Stillings, Planning, Zoning and Building Director
THROUGH: Mark R. Lauzier, City Manager
DATE: September 25, 2018
Title
APPROVAL OF A TEMPORARY USE PERMIT FOR A TEMPORARY PARKING LOT WITH WAIVERS FROM LDR SECTIONS 2.4.6.(F)(3)(e)1, 3, 4, 5, and 8, TO PERMIT A TEMPORARY USE OF A TEMPORARY PARKING LOT TO BE LOCATED ON VACANT PROPERTY SITUATED AT 601 SE 5TH AVE, 604 SE 6TH AVE, 630 SE 6TH AVE, 660 SE 6TH AVE, AND 666 SE 6TH AVE. (QUASI-JUDICIAL HEARING)
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Recommended Action:
Recommendation
Motion to Approve the Temporary Use Permit with associated waivers from Sections 2.4.6.(F)(3)(e)1, 3, 4, and 5, to permit a temporary parking lot by adopting the findings of fact and law presented and finding that the request and approval thereof is consistent with the criteria set forth in Section 2.4.7(B)(5) of the Land Development Regulations, subject to the following conditions of approval:
1. Applicant shall be required to obtain a building permit prior to improving the site and storing vehicles.
2. When placing a perimeter fence, sight visibility triangles shall comply with LDR Sec.4.6.14(B).
3. Applicant must coordinate with FDOT and either secure all permit(s) required or provide documentation that permits are not required for any improvements at the site.
4. If the site is not to be paved, the site shall be graded with gravel.
5. The Applicant shall be required to provide a Stormwater Pollution Prevention Plan demonstrating how tracking of dirt/dust off-site from the storage area will be accomplished if it is not paved or graded with gravel.
6. To screen the vehicles, provide a 6-feet high all-vinyl coated chain-link fence system (black or green) with windscreen (black or green) around the entire perimeter, including gates. If non-vinyl-coated fence is utilized then a hedge shall be installed per LDR 4.6.5(D).
7. The fence system shall be located on the property, not within the road right-of-ways. It shall be set back a minimum of 3’ on the Federal Highway side to allow for the planting of a lawn grass. There is a requirement for lawns to be maintained. Note: if the area is to not be irrigated, then Bahia grass should be utilized.
8. To screen the vehicles from the upper floors of the existing multi-story condominiums east of Federal Highway, a row of Cabbage Palms (Sabal palmetto) shall be planted along that entire property line. The Palms shall be planted 10’ on center. (From the northeast corner of the property, south approximately 100’ to the existing building, then south of the building approximately 300’ to the southeast corner of the property. Note: this will be approximately 40 trees/one truckload.) The height of the trees shall be a minimum of 12’ to 16’ clear trunk and shall be hand watered.
9. Security lighting shall be provided.
10. The gates will have to be well secured to avoid vandalism and theft from occurring on the property.
11. No parking, loading, or unloading of the vehicles shall be permitted within the adjacent right-of-ways or in areas outside of the property.
12. No sales activity shall be permitted on the property. No customers are permitted on the property.
13. Signage is not permitted around the property’s perimeter.
14. Advertising is not permitted on or around the property’s perimeter.
15. The temporary use permit for the temporary parking lot is valid until July 15, 2020. Extension requests shall be approved by the City Commission and must be requested 90 days prior to the expiration.
16. The applicant shall place a cash deposit of $19,500.00 in escrow to be returned after the expiration of the permit when the site is vacated. If the permit is not extended by the City Commission, the City Commission may authorize a portion of the funds to be retained by the City based upon the amount of time the temporary parking lot use occupies the site beyond the expiration date.
Motion to Deny the waiver from Section 2.4.6.(F)(3)(e)8, to permit a temporary parking lot which does not comply with the specifications in subsections a through g by adopting the findings of fact and law presented and finding that the request and approval thereof is not consistent with the criteria set forth in Section 2.4.7(B)(5) of the Land Development Regulations.
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Background:
A request from the MAG Enterprises, Inc. ("Applicant") to store vehicles on a vacant land situated at 601 SE 5th Ave, 604 SE 6th Ave, 630 SE 6th Ave, 660 SE 6th Ave, and 666 SE 6th Ave. (the property) was submitted on August 31, 2018. The property consists of 5 vacant parcels, owned by Nevele Corp (see attached Warranty Deed). The area of the property totals 2.61 acres and is zoned GC (General Commercial). The vacant land was most recently used as a storage lot during the Federal Highway improvements. The Applicant entered into a lease agreement with the owner of the property on July 15, 2018, for a term of twenty-four (24) months, terminating on July 15, 2020. The following is a verbatim excerpt from the applicant's narrative in support of the waivers:
"Applicant will use the property for the temporary storage of automobiles. Applicant is in the process of obtaining the necessary approvals to construct two new automobile dealerships along Federal Highway in Delray Beach, Florida. The simultaneous construction of these two automobile dealerships requires additional off-site storage for inventory. Applicant is seeking a temporary solution due to the fact that upon completion of construction of the two new automobile dealerships, the need for off-site storage will be eliminated. Applicant chose the Property due to its proximity to other automotive uses, including temporary storage of vehicles, auto leasing, and car wash uses. The owner of the Property was willing to lease the Property for two years for a temporary use, with the plan to use the Property for new development after the expiration of that lease."
As a part of the request for a temporary use permit for a temporary parking lot, the applicant is requesting relief from certain Land Development Regulation requirements of Sections 2.4.6(F)(3)(e)1, 3, 4, 5, and 8. The temporary use permit and associated waivers are now before the City Commission for consideration.
Pursuant to LDR Sec. 2.4.7(B)(5), prior to granting a waiver, the granting body shall make findings that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner.
WAIVER REQUEST FROM SECTION 2.4.6(F)(3)(e)1.
ANALYSIS: Positive findings are made for granting this waiver.
The property is outside of the geographic areas set forth in this section where temporary use permits for temporary parking lots are permitted. The approval of this waiver will not adversely affect the neighboring area as the property has been used for storage for construction and remains vacant; will not significantly diminish the provisions of public facilities; will not create an unsafe situation, security fence and cameras have been recommended (please refer to the staff's recommendation #6,#9, and #10); and will not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner.
WAIVER REQUEST FROM SECTION 2.4.6(F)(3)(e)3.
ANALYSIS: Positive findings are made for granting this waiver.
The applicant is requesting a waiver from the Section 2.4.6(F)(3)(e)3. requiring that prior to issuance of the temporary use permit, the applicant shall submit a site plan which includes proposed grade elevations, landscaping and other information which addresses the regular maintenance of the parking surface and irrigation of the landscaped areas. The following is a verbatim excerpt from the applicant's narrative in support of the waiver: "Applicant requests a waiver of the requirement that it submit a site plan which includes proposed grade elevations, landscaping and other information. Prior to Applicant’s lease of the Property, the Property was not well maintained. It included areas of overgrowth visible from the public right-of-way. Applicant has cleared the overgrowth and will use the Property for car storage without the need for repaving."
The approval of this waiver will not adversely affect the neighboring area; will not significantly diminish the provisions of public facilities; will not create an unsafe situation if the recommendations of approval are adhered to; and will not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner.
WAIVER REQUEST FROM SECTION 2.4.6(F)(3)(e)4.
ANALYSIS: Positive findings are made for granting this waiver.
The applicant is requesting a waiver from Section 2.4.6(F)(3)(e)4. requiring that the City Engineer shall approve the grading plan for the parking lot and that the Parking Management Advisory Board shall review the site plan and approve it prior to submission to the City Commission. The applicant does not intend to pave the parking lot; therefore, the applicant contends that a grading plan is not needed. The approval of this waiver will not adversely affect the neighboring area if the recommended condition of approval to provide gravel on the site is maintained; will not significantly diminish the provisions of public facilities; will not create an unsafe situation if the recommendations of approval as presented are approved; and will not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner.
WAIVER REQUEST FROM SECTION 2.4.6(F)(3)(e)5.
ANALYSIS: Positive findings are made for granting this waiver.
The applicant is requesting a waiver from the Section 2.4.6(F)(3)(e)5. to allow temporary parking lot for a period exceeding one year. The applicant is requesting for temporary use permit until the expiration of applicant's lease, July 15, 2020. The approval of this waiver will not adversely affect the neighboring area; will not significantly diminish the provisions of public facilities; will not create an unsafe situation; and will not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner.
WAIVER REQUEST FROM SECTION 2.4.6(F)(3)(e)8.
ANALYSIS: Positive findings are not made for granting this waiver.
The applicant is requesting a waiver from the Section 2.4.6(F)(3)(e)8. to allow a temporary parking lot which does not comply with the following specifications:
a. The parking lot surface shall be brought to grade with a dust-free surface of one of the following materials over soil which has been compacted to 95 percent maximum density per AASHTO T-180:
1. four inches of crushed limerock or shellrock coated with a prime coat per FDOT "Standard Specifications for Road and Bridge Construction", latest edition;
2. four inches of pearock, gravel or river rock; or
3. six inches of mulch.
b. If the lot is not operated on a 100 percent valet basis, wheel stops shall be provided as a means to indicate individual spaces. The size of the parking spaces, maneuvering areas and aisle widths shall be subject to the standards of Section 4.6.9(D)(4). In addition, the parking lot shall meet the requirements of the "Florida Accessibility Code for Building Construction".
c. If the lot is operated on a 100 percent valet basis, then wheel stops shall be provided at the edge of the parking surface.
d. The lot shall meet the requirements of Section 4.6.9 (D)(3) for access to the street system. Driveway aprons between the edge of pavement and the right-of-way line shall be constructed of asphalt or concrete.
e. The parking lot perimeter shall be buffered with a minimum three feet wide landscape strip, screened with a minimum two feet high hedge or four feet high opaque fence. Water for irrigation shall be available within 50 feet of all landscaped areas.
f. If the parking lot is to be utilized at night, the applicant shall contract with FPL to install supplementary lighting on adjacent power poles where possible. The applicant may, as an option, provide alternative on-site lighting for the parking lot.
g.Trees of four inches or greater diameter at four and one-half feet above the ground shall not be removed.
The City Engineer does not support this request due to public safety concerns. If there are no improvements to the surface of the property, then existing debris and rocks would be transferred onto local public roads thus triggering faster deterioration of the public roads. Staff recommends denial of this waiver.
City Attorney Review:
Approved as to legal form and sufficiency.
Funding Source/Financial Impact:
NA
Timing of Request:
The waiver approvals are required for teh use of the property as a temporary parking lot as presented.