Summary/Highlights:
This is a special exception request to use the property for a commercial non-emergency service business within the R-1 zoning district.
In accordance with local notification procedures, notice detailing the date, time, and location was published in the Observer Local News on December 26, 2024. Notices were mailed to property owners within 300ft of the site, within the City of Bunnell boundaries, on December 23, 2024.
Background:
The applicant, Tim and Lisa Hogan, are requesting to a special exception use to use their property for a commercial business, specifically a non-emergency service business. The site is currently developed with a single-family residence. The site is currently under code enforcement as the current structure was built as a single-family residence, but it is instead being used for commercial purposes with no zoning approvals.
Existing Conditions
The property is currently zoned R-1 with a Future Land Use designation of Single Family Low Density. Within the R-1 zoning district Section 34-111(c)(4), uses not listed as permittable are allowed via a special exception as approved by the Planning, Zoning and Appeals Board. The surrounding area is predominantly single family residential with the exception of the Gambia Woods Apartments. The area consists of mostly R-1 zoning with a few zoned as R-2. A part of the property is contained within a hazardous flood zone.
The single-family residence was approved and built with the understanding the property owner will be living on the premises as their primary residence.
Findings
The purpose of the R-1 zoning district is to provide for single-family residential areas of low density. This district is intended to encourage low density development where high-density development would be detrimental to the community and to discourage activities not compatible with single-family residential development.
The permittable uses within the R-1 district is as follows:
- Single family dwellings, including modular homes, and any customary single family accessory buildings.
- Public library, post office, and other government recreation or public and institutional uses provided they do not conflict with state law.
- Parks, swimming pools, playgrounds, and conservation areas.
- Home daycare facilities in accordance with state law and school excluding institutions of higher learning.
- Special care housing with a maximum of six residents.
The proposed commercial use consists of non-emergency ambulances providing for hospital transfers on a daily basis. The site is used as a place to leave driver vehicles and transport vans/ambulances. They also have an office set up within the structure.
Pursuant to Section 34-11(c)(4), the proposed use is determined to not be compatible the permitted uses of the district, nor does it compliment the purpose and intent of the district.
Staff Recommendation:
Staff is recommending denial of the special exception use to allow the commercial non-emergency transport service business on the subject property within the R-1 zoning district.
*The Planning, Zoning and Appeals Board has the ability and authority to amend the conditions or apply more than what staff has recommended*
City Attorney Review: