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Home My WebLink AboutPDS-13-033 - Limousine Rental1 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 42 43 44 45 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY JOSEPH E. SMITH. CUERK OF THE CIRCUIT COURT FILE # 3901570 11/26/2013 at 11:19 AM SAINT ~UCIE COUNTY OR BOOK 3582 PAGE 1195 - 1199 Doc Type: ORD ` i „G5 ,C , .. ` _ pP~:, -~~ .U ~~: - - lV ~ \ . _ r ~ ~ -~~~ ~ ~ PDS ORDER 13-033 -- -. ~ r r.. W DA-1020134688 - c~ AN ORDER GRANTING APPROVAL TO ALLOW LIMOUSINE RENTAL WITH DRIVERS 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 limousine rental with drivers 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 limousine rental with drivers 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 limousine rental with drivers 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. W DA-1020134688 PDS 13-033 November 1, 2013 Page 1 of 2 w 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 z~ 28 PART B. APPLICABILITY OF ORDINANCE This Order shall only constitute approval of limousine rental with drivers 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 1St day of November, 2013. PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA r_ .-----.._._ Mark Satterlee, AICP, Director APPROVED AS TO FORM AND CORR TNESS: ~ ^ ~~ / ~, ~~" t ~~ 1 ~' =, i' ~~ BY County Aftorney ~' W DA-1020134688 November 1, 2013 PDS 13-033 Page 2 of 2 ~ t. ~ r s. ~.. s e > ' '. ~~~~ . ~... ~ / CMS' ~A.r.4~ M ..... t i ] z.. Planning and Development Services Department Planning Division TO: Mark Satterlee, AICP, Direct r THROUGH: Leslie Olson, Planning Manager ~ /tl~ FROM: Linda PendarvisY'_ DATE: November 1, 2013 MEMORANDUM JOSEPH E. Sh11TH. CLERK OP THE CIRCUIT COURT SAINT LUCIE COUNTY CCU _.,, ; _ ?h;l ''E9;tC SUBJECT: Use Determination Limousine rental with drivers in CG (Commercial, General) Zoning District An application for zoning compliance -use permit was submitted for a limousine rental with drivers to be located within the commercial general zoning district. The Land Development Code (LDC) zoning regulations do not specifically list this type of transportation service as a permitted, conditional or accessory use in CG zoning district. Pursuant to provisions in Ordinance 12-003 this memorandum is to request your determination related to allowing a limousine rental with drivers as a permitted use in the CG zoning district. According to the analysis, limousine rental with drivers will be similar in use and intensity to several permitted uses that are listed in CG zoning district. Background The previous use on the subject property located at 7201 S. US Hwy 1 was a gas station with limited auto repair and convenience store. The owner is requesting a zoning compliance for the retail sale of cars, trucks and limousines. He proposes 3-4 limousines for rental, to be driven by independent drivers. Location: Northwest corner of S. US Hwy 1 and Rio Mar Drive Parcel ID Number: 3419-501-0002-0007 Existing Zoning District: CG (Commercial, General) Surrounding Zoning District: CG (Commercial, General) Future Land Use Land Area: COM (Commercial) 81 acre Existing Structures: The site consists of a single one-story 1,864 square foot building constructed in 1968 and used as an auto repair service station. The gas pumps, tanks and canopy have been removed. Emmons Auto Brokers W DA 1020134688 November 1, 2013 Page 2 of 3 Analysis The LDC refers to the Standard Industrial Classification (SIC) Manual 1987 for details of the classification of uses in all zoning districts. Taxicab operations and limousine rental with drivers is a permitted use classified under Local and suburban transit (41) within the Industrial zoning districts. 2. The differentiating factor between the CG zoning district and the industrial zoning districts that permit automobile transportation services is "with or without" a driver. The zoning regulations do not specifically list "limousine rental with drivers" within the list of permitted, accessory or conditional uses within any zoning district. Although the CG zoning district does permit automobile rental without driver. 3. Limousine rental with drivers is consistent with other permitted uses allowed in the CG zoning district. Automotive rentals, eating places that provide delivery 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. The proposed business does not provide a service for regular routes but individual personal routes on a case by case basis. 4. The Major Group (SIC 41) Local and Suburban Transit and Interurban Highway Passenger Transportation listed in industrial zoning districts include mostly public transportation dealing with commuter passenger bus, school bus, railway over regular routes and on regular schedules. 5. The limousine rental with drivers operation will be accessory to the retail sale of automobiles and trucks within the office building. The retail sale of automobiles and trucks is a permitted use within the CG zoning district. 6. The owner has 3-4 limousines for rental use. The transportation is scheduled by appointment. The drivers are independent contractors licensed and insured. 7. Limousine rental without drivers is a permitted use classified under Automotive Repair, Services and Parking Major Group 75 within the CG zoning district. 8. The owner has resurfaced the entire vehicular use area and provided stripped parking spaces. The landscaping required along the right-of-way and adjacent properties will be improved since these areas have been neglected during the abandonment of the previous business. 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. Emmons Auto Brokers W DA 1020134688 November 1, 2013 Page 3 of 3 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.