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HomeMy WebLinkAboutPDS-13-032 - All Pet Rescue 12496 Okeechobee RoadJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3888653 10/17/2013 at 08:26 AM OR BOOK 3570 PAGE 1710 - 1714 Doc Type: ORD RECORDING: $44.00 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 29 30 31 32 33 34 35 36 37 38 39 40 41 PDS ORDER 13-032 WDA-1020134678 AN ORDER GRANTING APPROVAL TO ALLOW ALL PET RESCUE ASSOCIATED WITH A 501 C3 NONPROFIT ORGANIZATION AS A TEMPORARY USE FOR TWELVE MONTHS WITHIN THE CN (COMMERCIAL, NEIGHBORHOOD) ZONING DISTRICT FOR CERTAIN PROPERTY LOCATED AT 12496 OKEECHOBEE ROAD SITUATE IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a use determination to allow enclosed kennel associated with a 501 C3 nonprofit organization as a temporary use in the CN (Commercial, Neighborhood) zoning district located at 12496 Okeechobee Road 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. The Planning and Development Services Director has the authority to make the determination after full analysis of all potential impacts that a temporary use is in compliance with the provisions of the Land Development Code and the St. Lucie County Comprehensive Plan. 3. All Pet Rescue is a nonprofit organization that provides safe harbor for abandoned dogs and cats and is operated solely by volunteers and provides a unique community service, which the petitioner has continued to provide and expand in an especially difficult economic time. 4. The subject property will provide a temporary location for twelve months allowing the enclosed kennel associated with a 501 C3 nonprofit organization within the CN (Commercial, Neighborhood) zoning district while raising the funds to purchase property for a permanent location as an allowed permitted use. 5. The subject property is surrounded by agricultural lands, no residences are present within 1,000 feet and fronts on a two way arterial roadway; therefore the enclosed kennel temporary use will not have an undue adverse effect on adjacent property, the character of the neighborhood, and traffic conditions. 6. The proposed temporary use will not have an undue adverse effect on parking, WDA-1 020 1 34678 PDS 13-032 October 10, 2013 Page 1 of 3 utility facilities, or other matters affecting the public health, safety, and general welfare while located at 12496 Okeechobee Road. 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 7. The temporary use on the subject property is consistent with the general purpose, goals, and objectives of the St. Lucie County Comprehensive Plan, the Land Development Code and is in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida NOW, THEREFORE, BE IT ORDERED: by the Planning and Development Services Director of St. Lucie County, Florida: A. Pursuant to Section 8.02.01 of the St. Lucie County Land Development Code and Ordinance 12-003, a temporary use approval for All Pet Rescue to allow the operation of the enclosed kennel associated with the 501 C3 nonprofit organization to be consistent with similar permitted uses on the surrounding agricultural properties is hereby approved for the property described below. B. The property on which this temporary use is being granted is described as follows: S/D OF ALL 29-35-39 THAT PART OF LOT 24 LYG N OF OKEE RD-LESS OKEE RD WIDENING AS IN OR 321-277 AND LESS AS IN 84-738-CA-13 OR 483-390 AND LESS THAT PART OF LOT 24 MPDAF: FROM SE COR OF SEC RUN N 00 11 15 E ALG E LI OF SE 1 /4 1, 997.96 FT, TH S 76 14 12 W 32.90 FT, TH N 13 45 48 W 66 FT TO NLY RD R/W LI OF OKEECHOBEE RD, TH S 76 1412 W ALG NLY R/W LI 264.61 FT TO N LI OF LOT 24 AND POB: TH CONT S 76 14 12 W 652.84 FT TO CURVE CONC S, R OF 2930.79 FT, TH SWLY ALG ARC 399.03 FT TO W LI OF LOT 24, TH N 00 19 32 E 28.86 FT TO CURVE CONC S, R OF 3105 FT, TH NELY ALG ARC 420.25 FT, TH N 77 38 26 NE 408.12 FT, TH S 76 14 12 W 154.54 FT TO N LI OF LOT 24, TH N 89 52 20 E ALG N LI 63.63 FT TO POB- (2.508 AC) (OR 807-900) Property Tax ID# 2329-501-0021-000/7 Location: 12496 Okeechobee Road C. This temporary use approval for All Pet Rescue shall expire on October 31, 2014 or when the petitioner vacates the premises whichever occurs first, unless an extension request is submitted in writing 30 days prior to the expiration date. The request for temporary use extension shall be accompanied by a complete explanation of the reasons that the extension is necessary. D. This Order shall only constitute approval of an enclosed kennel associated with a 501 C3 nonprofit organization as a temporary use for twelve months to be located WDA-1020134678 PDS 13-032 October 10, 2013 Page 2 of 3 1 z 3 4 5 6 8 9 10 11 1z 13 14 15 16 17 18 19 zo 21 at 12496 Okeechobee Road of the unincorporated area of St. Lucie County. E. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective the 10th day of October, 2013. PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA BY M rk Satter e, AICP, Director APPROVED AS TO FORM AND CORRECTNESS: i .- i n ~ , BY i~-,~~'~ ~ ,/~' County Attorney ;~~,~ W DA-1020134678 October 10, 2013 PDS 13-032 Page 3 of 3 ~, ~ ,,,~ r .. ~.,~~ _-, _ Planning and Development ~'~ Services Department ~~~ ~~~~~ `~ -- `y Planning Division ~'` MEMORANDUM TO: Mark Satterlee, AICP, Director THROUGH: Leslie Olson, AICP, Planning Manager FROM: Linda Pendarvis DATE: October 9, 2013 SUBJECT: All Pet Rescue, 12496 Okeechobee Road The subject organization request that they be allowed to relocate their existing kennel operations to 12496 Okeechobee Road (Parcel ID: 2329-501-0021-000/7) temporarily while they make improvements to their proposed location at 322 Dusk Way that has kennels facilities. They currently care for 48 dogs and 25 cats at 10600 Orange Avenue. Code Enforcement has no code cases at any of the above addresses. Staff contacted Animal Control and they have no complaints for All Pet Rescue and indicated that they do take care of their animals. Animal Control formed a committee that regularly conduct onsite visits to assure proper care is being administered to the animals. The committee visited the 10600 Orange Avenue site and was pleased with the animal care. Background Pursuant to provisions of Section 8.02.01 of the Land Development Code, this is a request for a temporary use approval to allow an enclosed kennel within the CN (Commercial Neighborhood) zoning district. Kennels are not a permitted use within the CN zoning district. All Pet Rescue, while working out the details for their permanent location, wishes to locate at 12496 Okeechobee Road for a maximum of twelve months. Analysis 1. Pursuant to Section 8.02.00 TEMPORARY USES AND STRUCTURES 8.02.01 Authorization. Temporary uses are permitted in any zoning district subject to the standards hereinafter established, provided that all temporary uses shall meet the dimensional and parking requirements for the zoning district in which the use is located. 2. Section 8.02.01 provides a list of particular temporary uses permitted but not inclusive of all temporary uses. Such as, temporary mobile home may be used for construction and/or sales offices for the period of actual development. Recreational vehicles may be used for temporary shelter for up to six months in the case of a natural disaster while reconstructing residence. 3. The subject property consists of 2.51 acres within the CN zoning and AG-5 (Agricultural-5) future land use designation. All Pet Rescue October 9, 2013 Page 2 4. The subject property is surrounded by AG-5 (Agricultural - 5) zoning to the north, south, west and CN zoning to the east with AG-5 future land use. The adjacent agricultural zoning district permits a variety of animal farms. The closest residence is located approximately 1,000 feet on the south side of Okeechobee Road 5. This site is approximately 2.51 acres. There is an existing 3,280 square foot building that was constructed in 1964. The applicant intends to install dog runs inside the existing building and apply for a permit to place aself-contained, air-conditioned Ted Shed as a "cat- room" on the property, if needed. They intend to permit fencing and temporary play yards for the animals when outside. The play yards will be removed and brought to the permanent location when ready. 6. The purpose of CN zoning district is to provide and protect an environment suitable for limited retail trade and service activities covering a relatively small area and that is intended to serve the population living in surrounding neighborhoods. The subject property is surrounded by properties that are large tracts of agricultural uses and does not entertain an area in demand of permitted uses that are currently allowed in the CN zoning district such as beauty salons, laundry mats, florists, jewelry stores and many retail trades inclined to support a suburban residential neighborhood. 7. The subject property fronts on a two way arterial roadway and the traffic generated will not have a negative impact to surrounding roadways or negatively impact the existing level of service for Okeechobee Road. There is an existing circular driveway on the property for access from Okeechobee Road. 8. The proposed temporary use will be required to bring the site into compliance with the Land Development Code landscaping and parking requirements. There is a large tree buffer area along the property line. The applicant has no intentions of removing any trees. Recommendation Based upon the foregoing analysis, staff recommends approval of permitting the temporary use at 12496 Okeechobee Road within the CN zoning district for twelve months based upon the finding that the temporary use: a) The dimensional and parking requirements for CN zoning are satisfied for the proposed temporary use. b) Is consistent with and of any equal or lesser intensity than other uses permitted in the surrounding zoning category. c) Is equal to or of a lesser intensity than other uses permitted on surrounding properties at this location. d) Does not generate trips that exceed the LOS on surrounding roadways. e) Does not create a parking demand that exceeds the available spaces. f) Does not create noise, odor, dust, vibration, excess light, stormwater runoff or other potential nuisance that would create an adverse impact on adjacent uses or properties. g) Includes appropriate buffers to mitigate potential impacts on adjacent uses and properties. h) Is consistent with the general scope, scale and intensity of existing nearby uses. i) Is consistent with the purpose and intent of the surrounding zoning district, the Land Development Code and/or Comprehensive Plan.