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HomeMy WebLinkAboutPDS-18-008 - Dog GroomerPDS ORDER 18-008 FILE NO.: WDA -1220175240 AN ORDER GRANTING APPROVAL TO ALLOW A DOG GROOMER AS A PERMITTED USE WITHIN THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT AT A PROPERTY LOCATED IN ST. LUCIE COUNTY. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request to allow a dog groomer as a permitted use at 10100 S. US Hwy 1, within the CG (Commercial General) zoning district and made the following determinations: 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 titled Happy Together Dog Grooming Use Determination dated January 19, 2018 and attached to this Order. 3. The determination to allow a dog groomer as a permitted use at 10100 S. US Hwy 1, 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. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4394333 01/25/2018 10:26:17 AM OR BOOK 4090 PAGE 1353 - 1358 Doc Type: ORD RECORDING: $52.50 File No.: WDA -1220175240 PDS Order 18-008 January 17, 2018 Page 1 NOW, THEREFORE, BE IT ORDERED: by the Planning and Development Services Director of St. Lucie County, Florida: Dog grooming 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 at the subject property. 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 dog grooming as a permitted use be applicable for a property located within the CG (Commercial General) zoning district at 10100 S. US Hwy 1, Port Saint Lucie. PART C. FILING WITH THE CLERK OF COURT This order shall be recorded in the Public Records of St. Lucie County. ORDER effective the 17th day of January, 2018. PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA BY Ison, MCP, Director APPROVED AS TO FORM AND CORRECTNESS: IM File No.: WDA -1220175240 January 17, 2018 PDS Order 18-008 Page 2 Planning and Development Services Department ,COUNTYPlanning Division MEMORANDUM TO: Leslie Olson, AICP, Director THROUGH: Linda Pendarvis, Development Review Coordinator FROM: Bethany Grubbs, Planner . lit DATE: January 19, 2018 SUBJECT: Happy Together Dog Grooming Use Determination This memo is in response to a request made by Christine Williams to obtain a Use Determination by the Planning and Development Services Director regarding a property located at 10100 S. Federal Hwy, Port St. Lucie (PIN 3414-501-3715-200-6). This parcel is located within the CG (Commercial General) Zoning District. The current request is to identify whether the subject property can be used for dog grooming. Dog grooming is not listed as a permitted use within the CG (Commercial General) Zoning District. The applicant is requesting a use determination to be made by the Planning and Development Services Director to allow dog grooming at 10100 S. Federal Hwy. pursuant to provisions in Ordinance 12-003 and the Land Development Code. The analysis of compatibility shall include, but necessarily be limited to: traffic; circulation; parking; noise; odor; hours of operation; buffers; stormwater run-off; or other determinations of impacts on nearby residences, uses or districts. Background This is a request to allow dog grooming on a property approximately 1.30 acres in size. The subject property is located within a pocket of unincorporated land surrounded by the municipal jurisdiction of Port St. Lucie. It is currently zoned CG (Commercial General) and designated with a Future Land Use of Com (Commercial). The purpose of this district is to provide an environment suitable for a wide variety of commercial uses intended to serve a population over a large market area, which do not impose undesirable noise, vibration, odor, dust, or offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with general commercial surroundings. The surrounding properties are zoned CG and RM -15 (Residential, Multi -Family — 15 du/ac). Surrounding Land Use and Zoning Location Future Land Use Zoning Existing Land Use Adjacent North (CL)(CG) Commercial CG (Commercial General) City of PSL—Advance Auto Parcels Limited Parts Store South (CL)(CG) Commercial CG (Commercial General) City of PSL — Holiday Inn Hotel Limited West (CL)(CG) Commercial CG (Commercial General) City of PSL — Arby's Fast Food Limited Restaurant (west side of US 1) Happy Together Dog Grooming January 19, 2018 Page 2 Analysis ❖ Christine Williams wishes to locate a dog groomer at 10100 S. Federal Highway. Based on data from the St. Lucie County Property Appraiser, the building is 1,890 square feet in size and is located in the rear of the development and has its own access in the rear. ❖ The proposed hours of operation are Tuesday thru Saturday, from the hours of 8:00 a.m. until 3:00 p.m., or by appointment. There will not be any overnight stays. ❖ The narrative submitted by the applicant indicates that the proposed establishment will have one dog groomer and two grooming stalls, but may eventually employee two groomers in the future. ❖ The dogs will have a fenced in grassy area in the yard, at which time, waste will be collected and placed in plastic bags to be disposed of in the dumpster immediately. ❖ The Land Development Code (LDC) refers to Standard Industrial Classification (SIC) Manual 1987 for details of the classification of uses in zoning districts. Dog grooming is classified under SIC 0752 — Animal Specialty Services, Except Veterinary. ❖ Per the St. Lucie County Land Development Code (LDC), the Zoning Districts which explicitly list dog grooming as a permitted use are AG -1 (Agricultural — 1 du/ac), AG -2.5 (Agricultural — 2.5 du/ac) and AG -5 (Agricultural — 5 du/ac). Dog grooming is listed as a conditional use in AR -1 (Agricultural, Residential -1 du/ac) and IL (Industrial, Light) Zoning Districts. ❖ CG is the most intense commercial zoning district. This use is of equal or less intensity than other permitted uses in the CG zoning district, such as day cares, grocery stores, automobile dealers, and veterinary offices. ❖ Permitted uses in the CG zoning district, in which are similar to dog grooming, consist of Beauty and Barber Services (SIC 723/724) and Veterinary Services (074). ❖ The subject property's access is located on US Highway 1. The LOS for the roadway is a "B". The traffic generated from the use will not create a deficient roadway. ❖ The ITE Parking Generation's standard for parking demand is 2.3 parking spaces per 1,000 sq. ft. of building space per Land Use: 640 — Animal Hospital/Veterinary Clinic. ❖ Prior to Zoning Compliance approval, it must be demonstrated that adequate parking is provided. Based on the gross floor area and use, 5 parking spaces, 1 being a handicap parking space, will be required. See attached aerial for the current parking allowance on the subject property. ❖ Data accessed from the Tax Collector's website indicates that the parcel consists of three different active businesses. The parking requirements for each proposed, and existing, East (RM)(RH) Residential RM -15 (Multiple -Family City of PSL - The Fountains of Residential) St. Lucie Analysis ❖ Christine Williams wishes to locate a dog groomer at 10100 S. Federal Highway. Based on data from the St. Lucie County Property Appraiser, the building is 1,890 square feet in size and is located in the rear of the development and has its own access in the rear. ❖ The proposed hours of operation are Tuesday thru Saturday, from the hours of 8:00 a.m. until 3:00 p.m., or by appointment. There will not be any overnight stays. ❖ The narrative submitted by the applicant indicates that the proposed establishment will have one dog groomer and two grooming stalls, but may eventually employee two groomers in the future. ❖ The dogs will have a fenced in grassy area in the yard, at which time, waste will be collected and placed in plastic bags to be disposed of in the dumpster immediately. ❖ The Land Development Code (LDC) refers to Standard Industrial Classification (SIC) Manual 1987 for details of the classification of uses in zoning districts. Dog grooming is classified under SIC 0752 — Animal Specialty Services, Except Veterinary. ❖ Per the St. Lucie County Land Development Code (LDC), the Zoning Districts which explicitly list dog grooming as a permitted use are AG -1 (Agricultural — 1 du/ac), AG -2.5 (Agricultural — 2.5 du/ac) and AG -5 (Agricultural — 5 du/ac). Dog grooming is listed as a conditional use in AR -1 (Agricultural, Residential -1 du/ac) and IL (Industrial, Light) Zoning Districts. ❖ CG is the most intense commercial zoning district. This use is of equal or less intensity than other permitted uses in the CG zoning district, such as day cares, grocery stores, automobile dealers, and veterinary offices. ❖ Permitted uses in the CG zoning district, in which are similar to dog grooming, consist of Beauty and Barber Services (SIC 723/724) and Veterinary Services (074). ❖ The subject property's access is located on US Highway 1. The LOS for the roadway is a "B". The traffic generated from the use will not create a deficient roadway. ❖ The ITE Parking Generation's standard for parking demand is 2.3 parking spaces per 1,000 sq. ft. of building space per Land Use: 640 — Animal Hospital/Veterinary Clinic. ❖ Prior to Zoning Compliance approval, it must be demonstrated that adequate parking is provided. Based on the gross floor area and use, 5 parking spaces, 1 being a handicap parking space, will be required. See attached aerial for the current parking allowance on the subject property. ❖ Data accessed from the Tax Collector's website indicates that the parcel consists of three different active businesses. The parking requirements for each proposed, and existing, Happy Together Dog Grooming January 19, 2018 Page 3 use located on the subject property are listed in the chart below. The total required parking for the property, with all of the uses, totals 58 parking spaces, 3 being handicapped. Use Sq. ft. ITE Code Required Parkin Shell Bizarre — Retail 3,564 820 — Strip: 4.1 spaces 15 per 1,000 s.f. Apartment (above the Shell 1,236 221: 1.4 spaces per 2 Bizarre) dwelling unit Sign Store - Retail 1,166 820 — Strip: 4.1 spaces 5 per 1,000 s.f. Proposed Dog Groomer - 1,890 640: 2.3 spaces per 5 Services 1,000 s.f. Rick's Diner — Restaurant 2,168 932: 14.3 spaces per 31 1,000 s.f. ❖ Dog grooming can potentially create negative impacts to adjacent properties due to dog barking that occurs when several dogs come into contact with other dogs and strangers. The closest residential structure is located approximately 130 feet to the east. However, appropriate buffers are in place to mitigate potential impacts on adjacent uses and properties. There is an existing concrete and vinyl opaque fence surrounding the property, separating it from the residential property to the east. Additionally, the dogs will be groomed inside of the enclosed structure. This should mitigate any potential noise generated from barking dogs to the surrounding residential neighborhood. ❖ There will be a waste disposal protocol in place to address animal waste created while animals occupy the space. ❖ City water and sewer is connected to this building. The tenant will need permission from the current owner to share the meter, and costs if necessary. The dog groomer would be required to install a hair interceptor. A Qualified Products List can be provided by the City of Port St. Lucie Utilities that includes options that are pre -approved. Recommendation Based upon the foregoing analysis, staff recommends approval of permitting the proposed use at the subject property, located within the CG (Commercial General) zoning district based upon the finding that the proposed use: a) Is consistent with and of an equal or lesser intensity than the existing use. The use is consistent with and of equal intensity than the existing uses located on the subject property. There is not an existing use active in this unit space per the records of the Tax Collector. b) Is equal to or of a lesser intensity than the existing use permitted at this location. The use is equal to or of a lesser intensity than the existing use permitted at this location. The location is_currently permitted for a restaurant, a printing companv and a retail store. which are all more intense. Happy Together Dog Grooming January 19, 2018 Page 4 c) Does not generate trips that exceed the LOS on surrounding roadways. The use is not anticipated to generate trips that exceed the LOS on surrounding roadways. The property abuts US 1 South, an Urban Principal Arterial roadway, with a level of service of B. The effects on traffic will be de minimis. d) Does provide adequate parking spaces to meet the parking demand. The _subject property as a whole does provide adequate parkinq spaces to meet the parkinq demand. Taking all of the uses into consideration, 58 parking spaces are required, 3 being handicapped. While all-weather surface is in place, the parking spaces need to be striped on the side and the rear of the buildings to delineate the spaces in order to achieve the required parking. e) Does create noise, odor, dust, vibration, excess light, stormwater runoff or other potential nuisance that would impact adjacent uses or properties. By the business activities taking place in an enclosed building, with a maximum of 2 dogs at one time, the likelihood for unwanted noise should be minimal. Additionally, the proposed dog -grooming facility must operate in accordance with Chapter 6 — Animals of the St. Lucie County Code of Ordinances, which defines and regulates "public nuisance". f) Includes appropriate buffers to mitigate potential impacts on adjacent uses and properties. The property includes the appropriate buffers to mitigate potential impacts on adjacent uses and properties. There is currently an 8' high masonry wall in place separating the commercial use from the abutting residential property. Additionally, the dog groominq use will be fully contained in the enclosed building, with the exception of the dogs going to the bathroom outside within a restricted area. g) Is consistent with the general scope, scale and intensity of existing nearby uses. The use is consistent with the general scope, scale and intensity of existing nearby uses. There are a wide variety of commercial uses that surround the subject property. Hair and nail salons are both permitted uses in the CG Zoning District. A pet -groominq establishment provides very similar and comparable service to hair salons and barber shops. h) Is consistent with the purpose and intent of the zoning district, the Land Development Code and/or Comprehensive Plan. The use is consistent with the purpose and intent of the Commercial Zoning district, which is to provide and protect an environment suitable for a wide variety of commercial uses intended to serve a population over a large market area, which do not impose undesirable noise, vibration, odor, dust, or offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with general commercial surroundings.