Proposed Development:
The applicant, 36th & Fifth Corporation, requests Conditional Use approval to allow a 17,261 sq. ft. Outdoor Storage Yard, as an ancillary activity to an existing two-story 10,434 sq. ft. flex warehouse office building located at 3600 Northeast 5 Avenue. The business, a landscape service company will use the storage yard to stow, load and unload landscape installation materials.
The proposal includes the review and approval of a site development plan to designate a defined outdoor storage area, provide 19 regular parking spaces and one (1) ADA parking space for a total of 20 parking spaces, and install required landscape buffers. The site will maintain a minimum of twenty percent pervious landscaped area and will include a ten (10) foot Right-of-Way Landscape Buffer along the Northeast 5 Avenue right-of-way, and Northeast 36 Street, a five (5) foot Landscape Buffer yard along the north and east property lines, satisfying the required buffer yard pursuant to Article VIII and Section 3 (C)(2) of the 2022 Landscape and Streetscape Design Standards. The existing six-foot concrete buffer wall surrounding the proposed outdoor storage area was previously approved as a storage-area buffer wall and will remain.
Findings:
The associated site development plan was reviewed through the City's Development Review Committee process for compliance with applicable technical requirements. The applicant submitted a Letter of Intent and Conditional Use Justification Narrative addressing the applicable Conditional Use review criteria.
Pursuant to Section 24-165(C) of the Land Development Code, the City Commission may approve a Conditional Use upon finding that the proposed use meets the following criteria:
(1) The proposed use is essential to the proper functioning of a utility system or is specifically listed as a permitted conditional use in the district in which it is to be located.
(2) The use is deemed desirable for the public convenience or welfare, and the use is in harmony with the purpose and intent of this chapter and will not be detrimental or injurious to the surrounding area.
(3) When granting approval for conditional use, the board may attach conditions and safeguards, in addition to those prescribed in the district regulations, as they determine are necessary for the protection of the surrounding area and to preserve the spirit and intent of the ordinance.
(4) The application must also meet all of the following criteria, where appropriate:
a. Conformance with comprehensive plan.
b. Harmony with adjacent uses (existing or zoned).
c. Facility levels of service maintained.
d. Use not hazardous to nearby housing, particularly traffic; see (B) above.
e. The architectural and site design are compatible with the character of the surrounding area.
The application materials and supporting site development plan are provided for the City Commission's consideration in determining whether the applicable Conditional Use criteria have been satisfied.
Comprehensive Plan Consistency:
The subject property is designated Industrial on the City's Future Land Use Map. The Comprehensive Plan defines Industrial Uses to include activities associated with manufacturing, assembly, processing, or storage of products. The proposed outdoor storage use is consistent with the Industrial Future Land Use designation.