The applicant, Moworks LLC, is requesting special exception approval to use the subject property that is currently zoned agricultural to operate their landscaping business and park/store/maintain their commercial vehicles and equipment.

In accordance with local notification requirements, notice was provided in the Observer local news on March 28, 2024; letters providing notice of the hearing date, time, and location were sent to adjacent property owners within 300 feet of the subject property in the City of Bunnell limits on March 21, 2024.

The applicant, Moworks LLC, is currently under contract to purchase the subject properties from the owner Dale Boudreaux, being identified by Parcel ID's: 16-13-31-2000-00030-0070 (known herein as "Parcel 1") & 21-13-31-0650-000B0-0021 (known herein as "Parcel 2"). The parcels are currently vacant with Parcel having been annexed into the city limits in 2023.

The property is currently zoned AG, Agricultural with an underlying Future Land Use designation of Agriculture. Within the surrounding area known as the Favoretta community, are a mix of residential housing and commercial operations; however, not all of the surrounding area is within the City's jurisdiction. The area is very rural in nature. Directly abutting the north of the property is County Road 200. On the other side of the roadway is a property currently being used as a scrap/junk yard. Directly abutting to the southwest is an MRF facility. The rest of the surrounding parcels consists of single-family residences and minor agricultural accessory uses.

According to Sec. 34-107, the use being requested is not listed within the permitted uses or permitted special exceptions; however, subsection (c)(5) states "Other uses and structures not listed above that with certain restrictions can be compatible uses with the other uses in the district as approved by the planning, zoning, and appeals board." The character and intent of the requested use does not appear to have an intense nature and does not pose a nuisance or a detriment to the neighborhood. The applicant does plan to improve the property to accommodate the requested use such as constructing a storage/office building for the vehicles, equipment, and office staff and installing a concrete driveway. There is also the intent to fully fence the property to have minimal impact on the surrounding area.

The applicant has stated the company's employees will only operate on site if there is a need to repair any of the equipment that would be normally stored there. They would be operating normal business hours and access the site only for obtaining and off-loading their vehicles and/or equipment, other than what was previously mentioned along with the day-to-day office procedures. The office will not be open to the public.

The purpose and intent of the Agricultural zoning district is to preserve and enhance an agricultural lifestyle while facilitating orderly and sustainable development. This request is in line for what this district was created for as the proposed use will not be creating any hazards to surrounding residents, will not be inviting commercial traffic beyond the applicant's employees, and the business operations will have very low intensity on the area.

The applicant will be required to obtain site plan approval for any improvements planned for the subject property. The level of approval will depend on how much impervious area they intend to develop on the site.

Staff is recommending approval of the special exception to allow a landscaping business to operate and park/store/maintain commercial vehicles and equipment, owned by Moworks LLC, on the subject property with the following conditions to ensure the use does not adversely impact the neighborhood:

1. The property must adhere to the noise limitations for a commercial use outlined in Section 26-199 of the Code of Ordinances. Any violation of these limitations will adhere to Section 26-203 of the Code of Ordinances.
2. All proposed parking for the storage of the Company's vehicles, trailers, equipment, and/or employee parking shall be that of a sealed surface per Section 34-207(7) in the Land Development Code or as otherwise stated in Section 34-207(9)g. Handicap Parking must be of a sealed surface.
3. The special exception use shall be classified as the principal use of the property.
4. With the potential of employees working on the property to maintain the applicant's equipment and vehicles, the proposed building must contain a restroom facility to service any on-site operation that is within the limitations allowed within this special exception.
5. Maintenance of vehicles owned by the applicant, and which are described herein, shall be allowed so long as it does not violate the City's noise ordinance.
6. The commercial vehicles/equipment permitted to be parked/stored overnight on the property shall be a maximum of 30. 
7. The property shall be fenced to create a visual buffer from the storage of the commercial vehicles for the neighboring properties. 
8. The maximum number of vehicles allowed shall not be exceeded. Any vehicle found exceeding the maximum number allowed provided herein shall be considered as a violation of this special exception.
9. Storage of any landscaping materials and/or supplies on the subject property, such as sod, pavers, stones, concrete, mulch, fill material, soil, and other materials considered to be used by the landscaping company, shall be prohibited.
10. Storage of any debris collected through business operations, such as, but not limited to, tree and landscaping debris, shall be prohibited on site.
11. The two parcels will be required to be combined into one lot/parcel as the proposed development of the building shows to be spanning across both properties on the conceptual plan.
12. This special exception use shall run with the land and may be transferrable should the ownership of the property ever change so long as the new owner continues to use the property as allowed under this special exception. If under any circumstance the use of the property changes beyond what is allowed within this special exception, this special exception shall become null and void.
13. Prior to using the property, the business will be required to obtain a business tax receipt with the City to operate their business out of this site and within the city limits after any required building permits and site plan approvals have been issued and/or finalized.

If motioned for approval, please state along the lines of "I make a motion to approve the special exception with staff's recommendations."

If motioned for denial, please state along the lines of "I make a motion to deny the special exception for the landscaping business to operate and store commercial vehicles on the subject property" and state the reason for denial.

*The Planning, Zoning and Appeals Board has the ability and authority to amend the conditions or apply more than what staff has recommended*