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HomeMy WebLinkAboutPDS-13-002 - Retail Sale of Cabinets & Tile in the CN Zoning Distict1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PDS ORDER 13-002 WDA-120134583 AN ORDER GRANTING APPROVAL TO ALLOW RETAIL SALE OF CABINETS AND TILE AS A PERMITTED USE WITHIN THE CN (COMMERCIAL, NEIGHBORHOOD) ZONING DISTRICT. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request to allow retail sale of cabinets and the as a permitted use in the CN zoning district and made the following determinations: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code and has adopted amendments to the Land Development Code through certain ordinances. 2. On May 15, 2012, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance 12-003 granting the Planning and Development Services Director the authority to make the determination after full analysis of all potential impacts that a proposed use is in compliance with the provisions of the Land Development Code and the St. Lucie County Comprehensive Plan. The analysis was provided by staff in the memorandum dated January 10, 2013 and attached to this Order 3. The determination to allow retail sale of cabinets and the as a permitted use within the CN (Commercial, Neighborhood) zoning district is consistent with the general purpose, goals, and objectives of the St. Lucie County Comprehensive Plan, the Land Development Code and Ordinance 12-003, is in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. 4. The proposed amendment will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare within the CN (Commercial, Neighborhood) zoning district. NOW, THEREFORE, BE IT ORDERED: by the Planning and Development Services Director of St. Lucie County, Florida: The retail sale of cabinets and the has been determined to be consistent with similar permitted uses in the CN (Commercial, Neighborhood) zoning district, and, as such, is determined to be a permitted use in this zoning district. PART A. SEVERABILITY If this Order or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. WDA-120134583 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT PDS 13-002 January 11, 2013 SAINT LUCIE COUNTY Page 1 of 2 FILE # 3793602 01/24/2013 at 03:09 PM OR BOOK 3477 PAGE 1782 - 1785 Doc Type: ORD RECORDING: $35.50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PART B. APPLICABILITY OF ORDINANCE This Order shall only constitute approval of retail sale of cabinets and the as a permitted use and be applicable in the CN (Commercial, Neighborhood) zoning district of the unincorporated area of St. Lucie County. PART C. FILING WITH THE CLERK OF COURT This order shall be recorded in the Public Records of St. Lucie County. ORDER effective the 11th day of January, 2013. PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA Mark Satterlee, AICP, Director APPROVED AS TO FORM AND CORRECTNESS: BY WDA-120134583 January 11, 2013 PDS 13-002 Page 2 of 2 ~ w` . ~ . t~ t1 NT `s' ,, L~~~ .Q R' i . _ ~ iR' TO: Mark Satterlee, AICP, Director THROUGH: Kara Wood, Planning Consu nt FROM: Linda Pendarvis, Planne DATE: January 10, 2013 Planning and Development Services Department Planning Division MEMORANDUM SUBJECT: Cabinet and Tile showroom and retail sales in CN (Commercial, Neighborhood) Background This is to request your determination to allow a showroom and retail sale of cabinets and the at 10539 S. Ocean Drive, in CN Zoning. This request is in response to a zoning compliance submitted by the lease, Island Kitchen & Bath, who is interested in renting approximately 555 square feet to house this component of their business. Analysis The subject property is zoned CN with a Residential Urban (RU) Future Land Use The zoning regulations do not list retail sale of cabinets and the in the CN zoning district. The SIC (Standard Industrial Classification) Manual of 1987; classify retail sale of cabinets and the under the group category of Major Group 57 -Home Furniture, Furnishings, and Equipment Stores. Major Group 57-Home Furniture, Furnishings, and Equipment Stores is a permitted use within the CG Zoning District. The retail trade of cabinet and floor covering is listed within the furniture and furnishings SIC category Major Group 57. This major group also includes Household Appliances (SIC 572) and Radios, TV's consumer electronics and music supplies (SIC 573) that are retail trade uses currently permitted within the CN Zoning District. Typically sales of household appliances, radios, TV's, etc. generate similar traffic for customers and delivery of inventory. The potential impacts of parking and traffic for the retail sale of cabinets and the are similar to the already permitted uses within CN zoning district. • The proposed retail store at 555 square feet will have limited capacity for the number of employees and the sale of items for display. The applicant and one additional employee will be on premises. • The subject building has been renovated and building permit number 1108-0045 was final on April 12, 2012. The landscaping and parking requirements have been brought into compliance through the building permit review. Currently the plaza is vacant. On September 6, 2011 the Planning and Development Services Director granted the property owner's request for administrative relief for the reduction of one parking space. The current LDC requires 4 parking spaces per 1,000 square feet of gross floor area for shopping centers. The existing building is a total square footage of approximately 2,500 square feet. The minimum number of required parking Island Kitchen and Bath 10539 S. Ocean Drive January 10, 2013 • Page 2 spaces for the existing building is ten spaces. The proposed showroom would be located within a shopping center that provides a total of 9 paved parking spaces. The required number of parking spaces for 555 square feet of floor area would be two parking space therefore the existing parking spaces are sufficient to accommodate the proposed use. • The retail sales of cabinets and the is consistent with the purpose statement for the CN Zoning District which states that this district is to provide and protect an environment suitable for limited retail trade and service activities covering a relatively small area and surrounding neighborhoods. In this case the business would be serving South Hutchinson Island, and because of its relatively isolated location is unlikely to generate traffic from the mainland. Recommendation Based upon the foregoing analysis, staff recommends approval of permitting the proposed use in the subject zoning district based upon the finding that the proposed use: a) Is consistent with and of an equal or lesser intensity than other uses permitted in the zoning category. b) Is equal to or of a lesser intensity than other uses either currently existing or previously permitted at this location. c) Does not generate trips that exceed the LOS on surrounding roadways. d) Does not create a parking demand that exceeds the available spaces. e) Does not create noise, odor, dust, vibration, excess light, stormwater runoff or other potential nuisance that would impact adjacent uses or properties. f) Appropriate buffers are in place to mitigate potential impacts on adjacent uses or properties. g) Is consistent with the general scope, scale and intensity of existing nearby uses. h) Is consistent with the purpose and intent of the zoning district, the Land Development Code and/or the Comprehensive Plan. Should you agree with the foregoing analysis, attached for your signature is PDS Order 13-002 memorializing the proposed use within the CN zoning district and recording the determination in the public records.