Summary
The proposed Special Exception Permit is a request by Michael Gianikas and Erin Gianikas, applicants and property owners, for consideration of a Special Exception Permit for a commercial nursery on a ±6.5 acre subject property, located at 18291 April Boulevard, to allow for the sale of plants and landscaping materials produced both on-site and off-site, as well as the sale of traditional garden items, including but not limited to benches, bird baths, and other similar items.
The subject property has an Agriculture Future Land Use Map (FLUM) Designation, and an Agricultural (A) zoning designation. Table 4.1-1 of the City’s Land Development Regulations (LDRs) establishes the uses permitted within each zoning district. A commercial nursery is permitted by Special Exception Permit in the Agricultural zoning district. A commercial nursery is defined in Article 10 of the City’s LDRs as follows: “an agricultural/commercial enterprise where plants and accessory products are sold on a retail basis. Twenty-five percent of the gross sales receipts of the commercial nursery must be derived from plants produced on site; or 25 percent of the area designated as a commercial nursery shall be dedicated to the cultivation of plants to be sold on site.”
Section 2.4.4(A) of the City’s LDRs states that uses that require a Special Exception Permit are those which are, “…generally compatible with the other uses permitted in a zone district, but require individual review of their location, design, configuration, density, intensity, and public facility impact to determine the appropriateness of the use on any particular site in the district and their compatibility with adjacent uses.” Once a Special Exception is granted, the approval shall run with the land and shall not be affected by a change in ownership, unless specifically conditioned as part of the approval.
Section 2.4.4(D) of the City's LDRs establishes the standards with which all applications for a Special Exception Permit must be found to be compliant. An evaluation and findings of the application’s compliance with the standards of Section 2.4.4(D) is provided in the Staff Report attached to this item. In addition, commercial nurseries are subject to Use-Specific Standards provided in Sections 4.3.3(A)(1) and (4) of the City’s LDRs. An analysis of this application’s compliance with the standards established in Sections 4.3.3(A)(1) and (4) is provided within the Staff Report attached to this item. | | |