Use Summary Table

COMMUNITY DEVELOPMENT DEPARTMENT Staff Report DATE: May 9, 2008

TO: Planning and Land Development Regulation Board

FROM: Community Development Department

SUBJECT: Special Exceptions to allow Automotive Parts (e.g. accessories and tires) and Automotive, Recreational Vehicle, and Boat Dealers on a 2.4+ acre parcel also known as Palm Coast Car Wash. The proposed uses are in addition to the existing car wash.

OWNER: Shining Seas of Palm Coast, LLC

APPLICANT/AGENT: Michael Ciochetti, Esq.

1. FILE NO.: SE-OTH-08-06/App. No. 1530

2. SITE LOCATION: South of and adjacent to Old Kings Road, north of and adjacent to the northbound entrance ramp of Interstate 95 at Palm Coast Parkway (13 Old Kings Road, North).

3. LAND USE AND ZONING INFORMATION:

USE SUMMARY TABLE: Category: Existing Proposed: Future Land Use Map (FLUM) Mixed Use Mixed Use Zoning District General Commercial (COM-2) General Commercial (COM-2) Overlay District N/A N/A Use Car wash Car wash; automotive parts and accessories (window tinting and stereo installation) and automotive sales (2 display spaces) Acreage 2.4 ± acres 2.4 ± acres Access One driveway connection with Old One driveway connection with Old Kings Road Kings Road (no change)

SE-OTH-08-06 Staff Report Planning and Land Development Regulation Board – May 21, 2008 Page 1of 12 SURROUNDING LAND USES:

NORTH: FLUM: Residential Zoning: Single Family Residential (SFR-3b) District Supporting: Old Kings Road; Single family unit

SOUTH: FLUM: Institutional Zoning: Not Applicable Supporting: FP&L overhead power lines; I-95 Northbound entrance ramp at Palm Coast Parkway

EAST: FLUM: Mixed Use Zoning: General Commercial (COM-2) Supporting: Bowling Alley

WEST: FLUM: Mixed Use Zoning: General Commercial (COM-2) District Supporting: Offices; retail mix

SITE DEVELOPMENT REQUIREMENTS GENERAL COMMERCIAL (COM-2) Criteria Standard: Provided: Min. Lot Size 20,000 sq. ft. 104,544 sq. ft. Min. Lot Width 200 ft. 204 ft. Max. Impervious Ratio 70% <50% Max. Bldg. Height 100 ft. 30 ft. Min. Front Setback 25 ft. 116 ft. (existing car wash) Min. Rear Setback 25 ft. 116 ft. (existing car wash) Min. Side Interior Setback 10 ft. 10 ft. Min. Side Corner Setback 20 ft. Not applicable-Interior lot Parking Spaces:  Car Wash 12 surface spaces – does not 10 spaces include car wash bays

 Automotive parts (e.g. 2 spaces 1 space (existing bay) accessories and tires)

 Automotive Sales 2 spaces (requested) 2 spaces – (reassigns 2 existing parking spaces previously assigned to the car wash)

TOTAL: 16 spaces 13 spaces

4. PROJECT HISTORY: The existing car wash was constructed in 1998. The car wash was permitted through Flagler County prior to the incorporation of the City. At the time of the approval, the Flagler County General Commercial (C-2) zoning district listed a car wash as a Permitted Principal Use.

SE-OTH-08-06 Staff Report Planning and Land Development Regulation Board – May 21, 2008 Page 2 of 12 When the City was incorporated in 1999 and adopted the Flagler County Land Development Code (LDC), changes were made to the County’s LDC, reflective of the City’s community character. Ordinance No. 2001-07, adopted March 6, 2001, reclassified “car wash” from a Permitted Principal Use to a Special Exception. The use therefore became a valid nonconforming use that was restricted from further expansion unless and until a Special Exception approval was granted in accordance with the City’s LDC.

The property was sold in 2004. The new property owner applied to the City for a building permit to install a 400 square foot automatic car wash bay. Since the use was considered nonconforming by the LDC, a Special Exception was required. At the time, the City staff initiated the application for the Special Exception which was approved in October, 2004.

On June 25, 2005, the City modified its LDC to classify car washes from Special Exception to Permitted.

The property owner has subsequently added two additional services, automotive window tinting and stereo installation, without benefit of special exception review since the uses trigger the “automotive parts (e.g. accessories and tires)” use classification.

The residents on the opposite side of Old Kings Road have complained to the City regarding noise. City staff collected numerous decibel level readings from various properties. To date, one violation above the City’s noise ordinance limitation was recorded.

5. PUBLIC INPUT SUMMARY:

City staff are in receipt of correspondence from the adjacent residents that object to the noise generated from the site.

6. SPECIAL EXCEPTION USE REQUESTS AND APPLICABLE LAND DEVELOPMENT CODE (LDC):

Special Exception Use Requests: The site currently supports an existing car wash. The proposed uses; automotive window tinting, stereo installation (automotive parts (e.g. accessories and tires) and automotive sales (Automotive, Recreational Vehicle, and Boat Dealers), are in addition to the existing car wash. The existing car wash has five bays for self service, one self service drive through, and one bay for expert detailing. The applicant provided the following information in support of the request:

SE-OTH-08-06 Staff Report Planning and Land Development Regulation Board – May 21, 2008 Page 3 of 12 APPLICANT PROVIDED INFORMATION: Uses: Intensity/square feet: Employees: Location on Site Window Tinting 344 sq. ft. No additional; Detail bay north of assigned to car waiting room wash Automotive stereo Same bay as window No additional; Detail bay north of installation tinting assigned to car waiting room wash Automotive sales 740 sq. ft. No additional at 2 parking spaces this time; potential converted to display at for one entrance/exit and use of detail bay north of waiting room

Table 3.04.02 – Non-Residential Use Table, of the interim LDC, adopted on July 5, 2005, depicts Automotive Parts (e.g. accessories and tires) and Automotive, Recreational Vehicle, and Boat Dealers as Special Exception uses in the General Commercial (COM-2) zoning district.

According to the definitions found in the interim LDC, a special exception is a land use that is not similar in nature to the uses permitted in the zoning district, but which is desired in the community, with appropriate controls, where a suitable location is available. The PLDRB is authorized to approve, approve with conditions, or deny the special exception request.

7. ANALYSES BASED ON SPECIAL EXCEPTION GUIDELINES:

City Ordinance No. 2000-39 contains the criteria upon which a Special Exception request is to be evaluated. Each criteria is listed below for each of the requested uses, followed by a Staff Finding:

1. It is inconsistent with the purpose and intent of any City of Palm Coast Land Development Regulations.

Staff Finding: AUTOMOTIVE PARTS: Yes, this use is not inconsistent with the purpose and intent of the City’s land development regulations. The LDC states that the purpose of the General Commercial (COM-2) District is to “provide areas for general commercial and office uses to meet the community-wide demand for retail, services, business and employment opportunities”. The LDC is silent on buffering requirements or restrictions on commercial or industrial uses that are separated by road right of way from residential areas. The Special Exception request allows imposition of conditions to address site specific impacts associated with the use.

Window tinting is compatible with the primary car wash business. Stereo installation can be considered a compatible use with appropriate controls that are allowed to be imposed by the Special Exception process.

The measurable standards of the zoning district are not exceeded by the window tinting or stereo installation use on the property, as depicted in the Site Development Requirements table.

SE-OTH-08-06 Staff Report Planning and Land Development Regulation Board – May 21, 2008 Page 4 of 12 Residents from the area immediately north of the existing car wash notified the City of excessive noise coming from the facility. Noise violations are technically a code enforcement issue, if the business is a legal operation.

AUTOMOTIVE, RECREATIONAL VEHICLE AND BOAT DEALERS: Yes, based upon the proposed intensity and with appropriate controls, the request is not inconsistent with the purpose and intent of the City’s land development regulations. The LDC states that the purpose of the General Commercial (COM-2) District is to “provide areas for general commercial and office uses to meet the community-wide demand for retail, services, business and employment opportunities”.

The standards listed in the LDC that address Automotive, Recreational Vehicle and Boat Dealers pertain to fleet storage requirements and are not triggered by this request. Fleet storage can be prohibited through appropriate controls that are allowed to be imposed by the Special Exception process.

The conversion of two parking spaces for display purposes reduces the overall parking required to accommodate the other uses on the property. The potential for an additional employee would further reduce the on site parking necessary to support the existing business.

2. It is inconsistent with any element of the Comprehensive Plan (Comp Plan).

Staff Finding: AUTOMOTIVE PARTS: No, the request is not inconsistent with the Comprehensive Plan based upon the following analysis:

 Chapter 1-Future Land Use Element: The Comprehensive Plan designates this site as “Mixed Use”, which is a broad, general land use category supportive of a wide range of commercial uses with some possibility of residential uses. The Plan directs implementation of this broad land use category by creating in the Land Development Code three commercial zoning districts that define the type and intensity of land uses.

Automotive parts is regulated as a Special Exception in the General Commercial (COM-2) zoning district. The use is permissible by right within the High Intensity Commercial (COM-3) zoning district but not allowed within the Neighborhood Commercial (COM-1) zoning district.

 Chapter 2-Transportation Element: The applicant submitted a traffic report that shows the proposed uses will not cause the adopted Level of Service “D” during the p.m. peak hour to be exceeded within a ½ mile radius of the site.

 Chapter 3-Housing Element: Goal 3.3: Maintain the housing stock and protect residential areas: Objective 3.3.4 – Protect Residential Areas from Inappropriate Land Uses Policy 3.3.4.1 – The City shall amend the LDC to include development standards that provide greater setback and buffering requirements between established residential areas and other uses to ensure compatibility between uses.

SE-OTH-08-06 Staff Report Planning and Land Development Regulation Board – May 21, 2008 Page 5 of 12 Policy 3.3.4.2 – The City shall develop neighborhood compatibility criteria which shall be utilized by the City to review applications for Future Land Use Map amendments, rezonings, and special exceptions to ensure that proposed land uses and development do not adversely impact existing residential areas.

Staff is recommending conditions of approval that will relocate the proposed automotive window tinting and stereo installation to a freestanding, enclosed building behind the car wash.

 Chapter 4-Public Recreation and Open Space: Not applicable; commercial project.

 Chapter 5-Infrastructure (Water, Sewer, Drainage, Aquifer Recharge, Waste Disposal) Element: Water and sewer are available in sufficient capacity to service this site.

This site is not considered to be a natural groundwater recharge or aquifer protection area because of the already established businesses and transportation network. Adequate solid waste disposal facilities exist to service the site. There is an onsite stormwater management pond that will not require any modification based upon the change in land use.

 Chapter 6-Conservation and Coastal Management Element: The site does not lie within the coastal management area.

 Chapter 7-Intergovernmental Coordination Element: Not applicable; the site is not located in proximity to a municipality or unincorporated Flagler County.

 Chapter 8 – Capital Improvements Element: The proposed uses do not trigger upgrades to or acquisition of City facilities or equipment.

AUTOMOTIVE SALES: Yes, the request for two automotive display spaces is inconsistent with the Comprehensive Plan based upon the following analysis:

 Chapter 1-Future Land Use Element: The Comprehensive Plan designates this site as “Mixed Use”, which is a broad, general land use category supportive of a wide range of commercial uses with some possibility of residential uses. The Plan directs implementation of this broad land use category by creating in the Land Development Code three commercial zoning districts that define the type and intensity of land uses.

“ Automotive, Recreational Vehicle and Boat Dealers” is regulated as a Special Exception in the General Commercial (COM-2) zoning district. The use is permissible by right within the High Intensity Commercial (COM-3) zoning district but not allowed within the Neighborhood Commercial (COM-1) zoning district.

 Chapter 2-Transportation Element: The applicant submitted a traffic report that shows the proposed uses will not cause the adopted Level of Service “D” during the p.m. peak hour to be exceeded within a ½ mile radius of the site. SE-OTH-08-06 Staff Report Planning and Land Development Regulation Board – May 21, 2008 Page 6 of 12  Chapter 3-Housing Element: Goal 3.3: Maintain the housing stock and protect residential areas: Objective 3.3.4 – Protect Residential Areas from Inappropriate Land Uses Policy 3.3.4.1 – The City shall amend the LDC to include development standards that provide greater setback and buffering requirements between established residential areas and other uses to ensure compatibility between uses. Policy 3.3.4.2 – The City shall develop neighborhood compatibility criteria which shall be utilized by the City to review applications for Future Land Use Map amendments rezoning and special exceptions to ensure that proposed land uses and development do not adversely impact existing residential areas.

Automotive, Recreational Vehicle, and Boat Dealers, by their nature, require vehicle display available to the travelling public. Although the applicant has proposed to limit the intensity (2 spaces), vehicle display across from the entrance of a subdivision is an inappropriate land use at this location because:

- There is insufficient land area to increase the landscape buffer width to shield the view from the residential area; - Conversion of two parking spaces to display spaces creates a parking deficit; for the other uses on the site; - Test driving the vehicles creates the potential for “turn arounds” in the residential areas. - Automotive sales is a more intense land use and therefore requires a greater amount of land area, due to the size of the product for sale, the need to test drive, storage requirements, and parking requirements for patrons and test vehicles.

 Chapter 4-Public Recreation and Open Space: Not applicable; commercial project.

 Chapter 5-Infrastructure (Water, Sewer, Drainage, Aquifer Recharge, Waste Disposal) Element: Water and sewer is available in sufficient capacity to service this site.

This site is not considered to be a natural groundwater recharge or aquifer protection area because of the already established businesses and transportation network. Adequate solid waste disposal facilities exist to service the site. There is an onsite stormwater management pond that will not require any modification based upon the change in land use.

 Chapter 6-Conservation and Coastal Management Element: The site does not lie within the coastal management area.

 Chapter 7-Intergovernmental Coordination Element: Not applicable; the site is not located in proximity to a municipality or unincorporated Flagler County.

 Chapter 8 – Capital Improvements Element: The proposed uses do not trigger upgrades to or acquisition of City facilities or equipment.

SE-OTH-08-06 Staff Report Planning and Land Development Regulation Board – May 21, 2008 Page 7 of 12 3. It will adversely affect the public interest

Staff Findings: AUTOMOTIVE PARTS: No, with appropriate conditions, the automotive parts use can be compatible with the abutting properties.

The proposed use is surrounded on three sides by commercial development of various intensities. To the east is the bowling alley, considered “commercial recreation” that occurs within an enclosed building. To the west is a mix of retail and office buildings ranging from veterinary to accounting uses. To the north is Old Kings Road and an established residential area. To the south is the northbound entrance ramp to Interstate 95. The Florida Power and Light transmission line crosses the southern 200 feet of the property.

Staff is recommending the use be located in an enclosed building in proximity to I-95, behind the existing car wash and away from the existing residential area. A portion of the FP&L easement can be used for parking and storm water management.

At the time the staff report was prepared, the agent had not met with the residents to attempt to incorporate their concerns into the overall site design.

AUTOMOTIVE, RECREATIONAL VEHICLE, AND BOAT DEALERS Although the applicant is proposing to limit the amount of vehicle display, the proposed use will adversely affect the public interest because:

 The site is inadequate to increase buffer widths to shield the adjacent residential area from the proposed vehicle display areas;  A parking deficit is created by converting two parking spaces to display spaces.  The east side of Old Kings Road in the immediate area and farther north is residential, creating the likelihood of “turn arounds” in residential areas.  The use is considered more intense due to the size of the product for sale, the need to test drive, storage requirements, and on site parking requirements.  Automotive repair and maintenance is treated as a Special Exception by the LDC. Any request for sales, especially of used vehicles, should be accompanied by a request for a Special Exception to allow automotive repair and maintenance.

All of the above requirements dictate that vehicle sales cannot be accommodated in an enclosed building in order to shield the residents of the existing single family neighborhood.

4. It does not meet the express requirements of the applicable special exception.

Staff Findings: AUTOMOTIVE PARTS: There are no express requirements of the applicable special exception. It should be noted that window tinting and stereo installation typically occur in enclosed structures.

AUTOMOTIVE, RECREATIONAL VEHICLE, AND BOAT DEALERS: There are no express requirements of the applicable special exception.

SE-OTH-08-06 Staff Report Planning and Land Development Regulation Board – May 21, 2008 Page 8 of 12 The request is inconsistent with Comprehensive Plan Policies 3.3.4.1 and 3.3.4.2 because of insufficient land area to buffer the adjacent residential areas from visual and vehicular impacts.

5. The applicant will not be able to meet all requirements imposed by Federal, State or local government, or by the board.

AUTOMOTIVE PARTS: If designed properly the applicant can meet the sound decibel restrictions for the window tinting and stereo installation business.

AUTOMOTIVE, RECREATIONAL VEHICLE, AND BOAT DEALERS: It appear that the request for two vehicle display spaces falls below the minimum three vehicles that trigger a Department of Motor Vehicle License requirement, which further requires on site considerations, such as fencing around vehicular storage areas.

The applicant has not demonstrated compliance with Comprehensive Plan Policies 3.3.4.1 and 3.3.4.2.

The applicant has not demonstrated compliance with Section 3.06.04 – Parking requirements for all districts.

6. Notwithstanding any provisions of the Land Development Code, it will generate undue traffic congestion.

Staff Finding: AUTOMOTIVE PARTS: No, staff reviewed the traffic report submitted by the applicant and determined that this use will not generate undue traffic congestion. The transportation analysis prepared by the applicant shows the proposed use will have no adverse impact on the roadways within the ½ mile radius of influence.

AUTOMOTIVE, RECREATIONAL VEHICLE, AND BOAT DEALERS: No, staff reviewed the traffic report submitted by the applicant and determined that this use will not generate undue traffic congestion. The transportation analysis prepared by the applicant shows the proposed use will have no adverse impact on the roadways within the ½ mile radius of influence.

7. It will create a hazard or public nuisance, or be dangerous to individuals or to the public.

Staff Finding: AUTOMOTIVE PARTS: No, automotive parts at this location will not create a hazard or be dangerous to individuals or the public. The issue of public nuisance (noise) can be addressed through conditions of approval imposed by the PLDRB that address:

 building enclosure, orientation and setback;  hours of operation;  operating conditions; and

SE-OTH-08-06 Staff Report Planning and Land Development Regulation Board – May 21, 2008 Page 9 of 12  future use and expansion.

AUTOMOTIVE, RECREATIONAL VEHICLE, AND BOAT DEALERS: Automotive sales in the location will not create a hazard or be dangerous to individuals or the public. The use, by it’s nature, presents a public nuisance (visual) that cannot be addressed through conditions of approval due to the size of the site and the proximity of the adjacent residential areas.

8. It will materially alter the character of surrounding neighborhoods or adversely affect the value of surrounding land, structures or buildings.

Staff Finding: AUTOMOTIVE PARTS: The request intensifies the use of the property and introduces a land use that is not found in the immediate area. The PLDRB can address potential negative impacts on the surrounding area by imposing operational restraints.

AUTOMOTIVE, RECREATIONAL VEHICLE, AND BOAT DEALERS: Yes, the use materially alters the character of the surrounding neighborhoods because operational constraints cannot be imposed due to the nature of the business.

9. It will adversely affect the natural environment, natural resources, or scenic beauty, or cause excessive pollution.

Staff Finding: AUTOMOTIVE PARTS: No adverse impacts to the natural environment, natural resources, or scenic beauty are anticipated to occur. Air quality and water quality can be addressed through the normal permitting processes. Noise violations are a Code Enforcement issue.

The City’s landscape architect has noted that the site does not comply with the approved landscape plan and has recommended PLDRB impose a condition of approval to address this violation.

AUTOMOTIVE, RECREATIONAL VEHICLE, AND BOAT DEALERS: Yes, the applicant has not proposed any screening from the existing residential area.

8. PUBLIC PARTICIPATION SUMMARY: The residents of Palm Harbor West (located east of Old Kings Road) oppose the Special Exception requests. Their objections pertain to the hours of operation for the car wash, patron noise from the car wash, lack of resolution of issues with the property owner and the City, and intensification of the use. A letter from one of the residents is included.

9. RECOMMENDATION:

Staff recommends approval in part and denial in part of Application No. SE-OTH-08-06 as follows:

Approve Special Exception request to allow Automotive Parts (e.g. accessories and tires) based upon the following conditions:

SE-OTH-08-06 Staff Report Planning and Land Development Regulation Board – May 21, 2008 Page 10 of 12 1. The uses are limited to window tinting and stereo installation;

2. All work must be performed within an enclosed CBS (Concrete Block Structure) or similar structure (no wood or metal building) in order to dampen any sound;

3. Any vehicular bay doors must face Interstate 95;

4. The hours of operation are limited from 10:00 am to 6:00 pm, Monday through Saturday;

5. No outside storage of any type is permitted;

6. The applicant must install landscaping;

7. The site plan, including conceptual architectural elevations, shall be submitted to the PLDRB for its review and approval or denial;

8. The Special Exception is granted for a maximum of 2 years during which the applicant may pursue construction of the approved use. If construction has not begun within the 2 year time period the applicant may apply for a one time extension upon the showing of good-faith reliance. Such extension shall not exceed 12 months and is subject to approval by the Community Development Director. If construction has not begun by the end of the extended period, the applicant must reapply for a Special Exception.

9. The applicant executes a Unity of Title for the property that prohibits further subdivision unless the City agrees to the release.

Deny the Special Exception request to allow Automotive, Recreational Vehicle and Boat Dealers based upon the following findings:

The request is inconsistent with the following Comprehensive Plan Chapter 3-Housing Element policies:  Policy 3.3.4.1 – The City shall amend the LDC to include development standards that provide greater setback and buffering requirements between established residential areas and other uses to ensure compatibility between uses.  Policy 3.3.4.2 – The City shall develop neighborhood compatibility criteria which shall be utilized by the City to review applications for Future Land Use Map amendments rezoning and special exceptions to ensure that proposed land uses and development do not adversely impact existing residential areas.

Automotive, Recreational Vehicle, and Boat Dealers, by their nature, require vehicle display available to the travelling public. Although the applicant has proposed to limit the intensity (2 spaces), vehicle display across from the entrance of a subdivision is an inappropriate land use at this location because:

 The site is inadequate to increase buffer widths to shield the adjacent residential area from the proposed vehicle display areas;  A parking deficit is created by converting two parking spaces to display spaces.  The east side of Old Kings Road in the immediate area and farther north is residential, creating the likelihood of “turn arounds” in residential areas. SE-OTH-08-06 Staff Report Planning and Land Development Regulation Board – May 21, 2008 Page 11 of 12  The use is considered more intense due to the size of the product for sale, the need to test drive, storage requirements, and onsite parking requirements.  Automotive repair and maintenance is treated as a Special Exception by the LDC. Any request for sales, especially of used vehicles, should be accompanied by a request for a Special Exception to allow automotive repair and maintenance.

Upon approval, the Chairman will be provided a development order to execute providing for the approval. If denied, the Chairman will be provided with a denial development order to execute.

SE-OTH-08-06 Staff Report Planning and Land Development Regulation Board – May 21, 2008 Page 12 of 12