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HomeMy WebLinkAboutPDS-14-036 - Eating Place (SIC 5812)JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3975998 07/16!2014 at 02:05 PM OR BOOK 3653 PAGE 399 - 403 Doc Type: ORD RECORDING: $44.00 1 2 3 4 5 6 PDS ORDER 14-036 W DA-520144762 AN ORDER GRANTING APPROVAL TO ALLOW EATING PLACE (SIC 5812) AS A PERMITTED USE WITHIN THE IL (INDUSTRIAL, LIGHT) ZONING DISTRICT. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request to allow eating place (SIC 5812) as a permitted use in the IL 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. 44 3. The determination to allow eating place (SIC 5812) as a permitted use within the IL (Industrial, Light) 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 analysis is found in the Planning and Development Services Department Memorandum entitled Eating Place (SIC 5812) in IL (Industrial, Light) Zoning Districtdated June 30, 2014. 5. 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 IL (Industrial, Light) zoning district. NOW, THEREFORE, BE IT ORDERED: by the Planning and Development Services Director of St. Lucie County, Florida: The eating place (SIC 5812) has been determined to be consistent with and of any equal or lesser intensity than other permitted uses in the IL (Industrial, Light) zoning district located within a MXD future land use designation, and, as such, is determined to be a permitted use in this zoning district. W DA-520144762 June 30, 2014 PDS 14-036 Page 1 of 2 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. PART B. APPLICABILITY OF ORDINANCE This Order shall only constitute approval of eating place (SIC 5812) as a permitted use and be applicable in the IL (Industrial, Light) zoning district with a MXD future land use designation 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 30th day of June, 2014. PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA BY Mark Satter) , AICP, Director APPROVED AS TO FORM AND CORRECTNESS: BY W DA-520144762 June 30, 2014 County Attorney PDS 14-036 Page 2 of 2 IR E.~ o ~~fi "f ` ,... .. , ~,..,Po Planning and Development Services Department Planning Division MEMORANDUM TO: Mark Satterlee, AICP, Director THROUGH: Leslie Olson, Planning Manager FROM: Linda Pendarvis DATE: June 30, 2014 SUBJECT: Eating Place (SIC 5812) in IL (Industrial, Light) Zoning District An application for Zoning Compliance -Use Permit was submitted fora "pizza restaurant - dine-in, take-out and delivery" to be located within the Industrial, Light (IL) zoning district. The Land Development Code (LDC) zoning regulations do not specifically list this use as a permitted, conditional or accessory use in IL zoning district. Pursuant to provisions in Ordinance 12-003 this memorandum is to request your determination to allow an "eating place" as a permitted use in the IL zoning district. The following analysis outlines the compatibility of the proposed use with current permitted uses allowed in the (IL) Industrial, Light zoning district with a MXD future land use designation combining commercial and other income producing uses. providing significant functional and physical integration among uses. Background On April 5, 2005 the Board of County Commissioners granted major site plan approval for the known project as First Source Commerce Park. The subject property consists of 190,067 square feet of general industrial space located on the west side of Kings Highway, approximately ~/a mile south of the intersection of Kings Highway and Orange Avenue in the IL zoning district. The subject property's future land use designation is MXD (Mixed-Orange Avenue/I-95 Mixed Use Activity Area -Medium Intensity) which is compatible with commercial zoning districts. Analysis 1. The subject property consists of four buildings for a total of 190,067 square feet of floor area zoned IL (Industrial, Light) with MXD (Orange Avenue/I-95 Mixed Use Activity Area - Medium Intensity) future land use designation. a. The IL zoning district is intended to provide and protect an environment suitable for light manufacturing, wholesale, and warehousing activities that do not impose undesirable noise, vibration, odor, dust, or other offensive effects on the surrounding area. b. The Medium Intensity MXD future land use designation may include General Commercial land uses, which allows eating establishments. The MXD (Mixed Use Development) designation is to identify those areas where innovative land use concepts are encouraged providing significant functional and physical integration among uses. Valish, Brian W DA 520144762 June 30, 2014 Page 2 of 3 Residential 5 to 9 du/acres Institutional 1.0 FAR Professional Service/Office 1.0 FAR General Commercial .75 FAR Industrial .25 FAR c. The subject property fronts on a collector road and the traffic generated will not have a negative impact to surrounding roadways or negatively impact the existing level of service for Kings Highway. The proposed use will also capture internal trips, providing a needed service to businesses located in the commerce park. d. The water and wastewater is serviced by Fort Pierce Utility Authority. 2. The LDC refers to the Standard Industrial Classification (SIC) Manual 1987 for details of the classification of uses in all zoning districts. Pizzerias and Pizza parlors are permitted use classified under EATING AND DRINKING PLACES SIC 5812 Eating Places within the CN (Commercial, Neighborhood) and CG (Commercial, General) zoning district. 3. Zoning regulations permit "Mobile Food Vendors" in the IL (Industrial, Light) within the list of permitted uses. a. Section 7.10.0 i. Mobile Food Vendors In the Commercial General (CG), Industrial Light (IL), Industrial Heavy (IH), and Industrial Extraction (IX) zoning districts, a mobile food dispensing vehicles that sells prepared food products and mobile units that sell agricultural produce may be permitted subject to approval by the Director and written permission of the property owner. b. Section 2.00.00 Definitions Mobile Food Dispensing Vehicle: Any food service establishment that is self-propelled or otherwise movable from place to place, That is self-contained and does not use electrical or other utility connections of any kind, in which food is prepared and or dispensed, and that complies with all applicable requirements set forth by the Florida Department of Business Regulation, Division of Hotels and Restaurants, or its successor agency, including but not limited to those regulations set forth in Rule 7C-4-03, Florida Administrative Code. 4. Use determinations were approved in industrial for medical transport and crossfit uses. These are CG uses now operating within the commerce park. The majority of businesses located at the First Source Commerce Park are uses permitted in CG and IL zoning districts. The Planning Division has issued zoning compliance approvals for the following CG uses as listed in the following table. T e of Use Address Heav /Under round Utilities Contractors 863 Kin s H Concrete and Mason Contractor 843 Kin s H Heav Construction Office Onl 823 Kin s H Auto Parts Sales Store 827 Kin s H Electrical Contractor 847 Kin s H Part Rentals 823 Kin s H Wholesale and retail of tires and car 867 Kin s H Valish, Brian W DA 520144762 June 30, 2014 Page 3 of 3 accessories Medical Trans ortation 849 Kin s H Industrial wastewater storage & disposal for bleach manufacturin lant 821 Kings Hwy Installation of Breathalyzer devices in vehicles 885 Kings Hwy Health and Fitness Studio/Cross Fit Center 889-891 Kin s H Retail sales, service and installation of Marine Electronics 837 Kings Hwy Pressure Washin Business office 887 Kin s H Wholesale and warehousing of electric scooters 849 Kings Hwy Manufacture and sales of counter tops and cabinets 845 Kings Hwy As seen from this table, this industrial park functions as a hybrid CG/IL flex hybrid. A number of CG uses are in operation at this location. The addition of a restaurant is in keeping with the established use trend at this location. Furthermore, providing a needed service to employees of patrons of existing businesses will assist in decreasing vehicle miles traveled (VMT's) and reduce the number of trips for this and other businesses in the industrial park. Permitting a restaurant use in this location provides significant functional & physical integration among uses. 5. The Institute of Transportation Engineers (ITE) Parking Generation Manual description of industrial parks contains a number of industrial or related facilities that are highly diversified. Consistent with the average parking supply ratio outlined in the ITE Manual the approved site plan provided 1.6 spaces per 1,000 square foot of floor area totaling 309 parking spaces. The parking demand for this eating place (SIC 5812) such as a "pizza restaurant - dine-in, take-out and delivery" will not negatively impact the development. The existing parking spaces are expected to be sufficient to accommodate the use. The industrial park will generate pedestrian business and majority of the business will typically be take-out and delivery. 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) The existing site 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.