7/25/1989 - Laserfiche WebLink

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M M DESCRIPTION AND CONDITIONS: Carter and Associates, as agents for John C. Tanase, recently made application for special exception and site plan approval for a used car dealership to be located at 1205 South U.S. #1, between U.S. #1 and the FEC railroad. The Planning and Zoning Commission recommended approval of the used car dealership to the Board of County Commissioners with the condition that an ordinance amend- ment be passed. Subsequently, on June 27, 1989, the Board of County Commissioners approved the special exception use and project design subject to the revised ordinance as proposed. During the project review process there were some differing viewpoints among staff over how certain special exception criteria should be applied._ It was the opinion of the Assistant County Attorney that the Tanase site plan application did not specifical- ly meet all of the special exception criteria as literally set -forth in the code. Yet, the Planning staff felt this applica- tion was in keeping with the intent of the special exception criteria. Subsequently, the applicant has followed-up his conditionally approved site plan with this request to amend the special excep- tion criteria regarding used car sales. This amendment would permit the design submitted by the applicant and approved subject to the adoption of this proposed ordinance. The Planning and Zoning Commission voted 6 to 1 to recommend approval of the proposed ordinance, with safety being cited as the reason for the negative vote (See Attachment #2). ANALYSIS: The proposed amendment would change the administrative permit (CH -zoning district) and the special exception (CG -zoning dis- trict) criteria by: 1. Allowing used car sales offices to be located as close as 10' from the FEC right of way (average FEC right-of-way width is 100'), and 2. allowing vehicular display areas (cars for sale) to come within 10' of a property line. Presently the ordinance uses the terms "vehicular sales and off-street parking areas", "vehicular sales area or structure", "vehicular sales areas", and "designated sales area". The terms tend to overlap which creates confusion in sorting -out which criterion applies to which term. This confusion was a fundamental cause of the differing viewpoints among staff. This ordinance amendment will clarify the intent and application of the ordinance by simplifying and coordinating the terms used and explicitly defining the meaning of the terms in the body of the ordinance. The changes can be seen in the following comparison of the exist- ing and proposed criteria. EXISTING: 2. All vehicular sales and off-street parking areas shall have paved surfaces which meet the standards of Section 24 (f) (1) or (2). �J U L 2 ., 15 BOOK 7 ffi