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HomeMy WebLinkAboutPDS-13-019 - Non-Emergency Medical Transportation within Commercial, General Zoning1 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 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 PDS ORDER 13-019 W DA-720134640 AN ORDER GRANTING APPROVAL TO ALLOW NON-EMERGENCY MEDICAL TRANSPORTATION AS A PERMITTED USE WITHIN THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request to allow non-emergency medical transportation as a permitted use in the CG 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. 3. The determination to allow non-emergency medical transportation as a permitted use within the CG (Commercial, General) 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 CG (Commercial, General) zoning district. NOW, THEREFORE, BE IT ORDERED: by the Planning and Development Services Director of St. Lucie County, Florida: The non-emergency medical transportation has been determined to be consistent with similar permitted uses in the CG (Commercial, General) 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. JOSEPF9 E. SlV11TH, CLERK OF THE GIRCUiT COURT SA@NT LUCBE COUNTY W DA-720134640 PILE # ~~~~~~~ ~ % 1 S,`?013 at ~ 1:18 AI41 PDS 13-019 JUI 8, 2013 CR UCCK 3538 PAGE 2?S8 - 2 r61 Qoc Type: CRD Page 1 of 2 y REUCF~r~lNG: ~;3S.S0 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 28 PART B. APPLICABILITY OF ORDINANCE This Order shall only constitute approval of non-emergency medical transportation as a permitted use and be applicable in the CG (Commercial, General) 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 8th day of July, 2013. PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA BY Mark Satt rlee, At P, Director APPROVED AS TO FORM AND CORRECTNESS: BY W DA-720134640 July 8, 2013 PDS 13-019 Page 2 of 2 Planning and Development Services Department Planning Division MEMORANDUM TO: Mark Satterlee, AICP, Director THROUGH: Leslie Olson, Planning Manager C~,0 FROM: Linda Pendarvis DATE: July 8, 2013 SUBJECT: Medical Transportation in CG (Commercial, General) Zoning District An application for zoning compliance -use permit was submitted for anon-emergency medical transportation service to be located within the commercial general zoning district. The Land Development Code (LDC) zoning regulations does not specifically list this type of transportation service as a permitted, conditional or accessory use in any zoning district. Pursuant to provisions in Ordinance 12-003 this memorandum is to request your determination related to allowing anon-emergency medical transportation service as a permitted use in the CG zoning district. According to the analysis, anon-emergency medical transportation service will be similar in use and intensity to several permitted uses that are listed in CG zoning district. Background On July 8, 1986 the property where the non-emergency transportation service is proposed was granted Site Plan approval known as Spanish Lakes Commercial Center. The site consists of motel, restaurant and 4 story office building on 14 acres. The property is located at 8000 S. US Hwy 1. The office building was constructed with 26, 054 square feet of floor area. The site was approved with 5 parking spaces per 1,000 square foot of office floor area for a total of 134 parking spaces. Analysis 1. The LDC refers to the Standard Industrial Classification (SIC) Manual 1987 for details of the classification of uses in all zoning districts. Non-emergency medical transportation is a permitted use classified under Local and suburban transit (41) within the Industrial Light (IL) zoning district. 2. The zoning regulations do not specifically list "non-emergency medical transportation" within the list of permitted accessory or conditional uses within any zoning district. 3. Non-emergency medical transportation is consistent with other permitted uses allowed in the CG zoning district. Automotive rentals, construction services, eating places that provide deliver service, and florist stores are businesses also creating an environment providing vehicles for deliveries and service that are currently listed as permitted uses in CG. 4. The Major Group (SIC 41) Local and Suburban Transit and Interurban Highway Passenger Transportation listed in IL include mostly public transportation dealing with commuter passenger bus, school bus, railway over regular routes and on regular schedules. Best Choice Transportation W DA 720134140 July 8, 2013 Page2of2 5. The non-emergency medical transportation operation will be accessory to the already allowed home health care business currently located within the office building. The home health care agency is a permitted use within the CG zoning district under Health Services (80). 6. The non-emergency medical transport currently operates with one handicap accessible van and intends to possibly have a total of four vehicles in the future for transport of elderly and handicap to doctor appointments, testing and rehab. There are currently two employees located at the 8000 S. US Hwy 1 office and the owner intends to hire a full time driver. The transportation is scheduled by appointment. 7. Other existing uses at the subject property are home health care, property management, financial institution, and contractor construction office. 8. The parking area provided under the approved site plan has ample parking spaces for the proposed transportation vehicles. The non-emergency medical transportation is located within an existing office center that provides 5 parking spaces per 1,000 square feet of gross floor area. Today's LDC requires only 3.5 parking spaces per 1,000 square feet (sf) of gross floor area for general office building. The existing 134 parking spaces are expected to be sufficient to accommodate the use. 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 any 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) Includes appropriate buffers to mitigate potential impacts on adjacent uses and 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 Comprehensive Plan.