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HomeMy WebLinkAboutPDS-18-046 - Health PractitionersPDS ORDER 18-046 FILE NO.: WDA -720185346 AN ORDER GRANTING APPROVAL TO ALLOW OFFICES & CLINICS OF OTHER HEALTH PRACTITIONERS, (SIC CODE 804) AS A PERMITTED USE WITHIN THE CN (COMMERCIAL, NEIGHBORHOOD) ZONING DISTRICT. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request to allow offices and clinics of other health practitioners as a permitted use within the CN (Commercial Neighborhood) 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. The analysis was provided by staff in the memorandum titled The Royal Treatment Concierge Care dated August 8, 2018 and attached to this order. 3. The determination to allow offices and clinics of other health practitioners (SIC Code 804) as a permitted use within the CN (Commercial Neighborhood) zoning district is consistent with the general purpose, goals, and objectives of the St. Lucie County Comprehensive Plan and the Land Development Code, 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 CN (Commercial Neighborhood) zoning district. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE * 4472189 08/21/2018 10:34:35 AM OR BOOK 4171 PAGE 1445 - 1456 Doc Type: ORD RECORDING: $103.50 File No.: WDA -720185346 046 ge 1 NOW, THEREFORE, BE IT ORDERED: by the Planning and Development Services Director of St. Lucie County, Florida: Offices and clinics of other health practitioners (SIC Code 804) has been determined to be consistent with similar permitted uses in the CN (Commercial Neighborhood) 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. PART B. APPLICABILITY OF ORDINANCE This Order shall only constitute approval of offices and clinics of other health practitioners (SIC Code 804) as a permitted use within the CN (Commercial Neighborhood) 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 the4N day of 2018. PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUMTY, FLORIDA M ie 0son,JAICP, Director APPROVED AS TO FORM AND CORRECTNESS: County Attorney File No.: WDA -720185346 PDS Order 18-046 Page 2 TO: Leslie Olson, AICP, Director Planning and Development Services Department Planning Division MEMORANDUM THROUGH Mayte Santamaria, Assistant Director Linda Pendarvis, Development Review Coordinato FROM: Tahir Curry, Associate Planner DATE: August 8, 2018 SUBJECT: The Royal Treatment Concierge Care This memo is in response to a request made by Kerri Varney from Royal Treatment Concierge Care to obtain a Use Determination by the Planning and Development Services Director regarding the Seaside Shops Plaza located at 10525 S. Ocean Dr. Jensen Beach, FL 34957 (Parcel ID: 4511-500-0008-000-2). This plaza is located within the CN (Commercial Neighborhood) Zoning District and RU (Residential Urban) Future Land Use. Kerri Varney is proposing to provide facials, microblading and Botox filler injections (SIC Code 7231). In the CN (Commercial Neighborhood) Zoning District, the first listed permitted use is Beauty and Barber Services (SIC 723/724), which encompasses beauty, cosmetology, facial salons and microblading, a form of semi-permanent makeup procedure similar to tattooing. Additionally, Kerri Varney is proposing to provide limited medical treatments (minor illnesses, injuries and primary care services and well visits) to be conducted inside the facility-, however, limited medical treatments are not listed as a permitted use within the CN Zoning District. The request is to identify whether offices & clinics of other health practitioners (SIC Code 804) can be allowed within the CN zoning district. Property Information Applicant Contact Info: Kerri Varney The Royal Treatment Concierge Care (772) 812-1050 Theroyaltreatment01(Wgmail.com Location: 10525 S Ocean Dr. Jensen Beach, FL 34957 c6uNTY St. Lucie County Ownership: Lynn L Lehman F L O R I D A -•► Previous Business: Real Estate of Florida — Real Estate 2015 — 2018 TO: Leslie Olson, AICP, Director Planning and Development Services Department Planning Division MEMORANDUM THROUGH Mayte Santamaria, Assistant Director Linda Pendarvis, Development Review Coordinato FROM: Tahir Curry, Associate Planner DATE: August 8, 2018 SUBJECT: The Royal Treatment Concierge Care This memo is in response to a request made by Kerri Varney from Royal Treatment Concierge Care to obtain a Use Determination by the Planning and Development Services Director regarding the Seaside Shops Plaza located at 10525 S. Ocean Dr. Jensen Beach, FL 34957 (Parcel ID: 4511-500-0008-000-2). This plaza is located within the CN (Commercial Neighborhood) Zoning District and RU (Residential Urban) Future Land Use. Kerri Varney is proposing to provide facials, microblading and Botox filler injections (SIC Code 7231). In the CN (Commercial Neighborhood) Zoning District, the first listed permitted use is Beauty and Barber Services (SIC 723/724), which encompasses beauty, cosmetology, facial salons and microblading, a form of semi-permanent makeup procedure similar to tattooing. Additionally, Kerri Varney is proposing to provide limited medical treatments (minor illnesses, injuries and primary care services and well visits) to be conducted inside the facility-, however, limited medical treatments are not listed as a permitted use within the CN Zoning District. The request is to identify whether offices & clinics of other health practitioners (SIC Code 804) can be allowed within the CN zoning district. Property Information Applicant Contact Info: Kerri Varney The Royal Treatment Concierge Care (772) 812-1050 Theroyaltreatment01(Wgmail.com Location: 10525 S Ocean Dr. Jensen Beach, FL 34957 Jurisdiction: St. Lucie County Ownership: Lynn L Lehman 10 Moody Dr. Palm Coast, FL 32137 Parcel ID- 4511-500-0008-000-2 Total Lot Size: 0.29 acres +/- Previous Business: Real Estate of Florida — Real Estate 2015 — 2018 Dancing Dunes, LLC — Retail Sales 2014 — 2015 Use Determination Memo August 8, 2018 Page 2 Figure 1.1 - Subject property (2016 aerial) Request The applicant is requesting a Use Determination by the Planning & Development Services Director in accordance to Section 3.01.02 of the Land Development Code to allow for medical treatment services to be conducted at 10525 S. Ocean Dr. Jensen Beach, FL 34957. 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. The property is zoned CN and designated with a Future Land Use of RU. The applicant is proposing to provide medical treatments (minor illnesses, injuries and primary care services and well visits) to be conducted inside the facility; however, limited medical treatments are not listed as a permitted use within the CN Zoning District. The request is to identify whether the business known as Royal Treatment Concierge Care can perform minor medical treatments under SIC Code 804 in the CN zoning district. The applicant is looking to locate her business at a permanent location after having a mobile practice visiting her clients. Ms. Kerri Varney states that her business would be a great addition to the area by catering to residents and tourist who are looking for a cosmetic touch-up. Current Zoning of the Property CN Commercial, Neighborhood Zoning District (Section 3.01.03 Q) - The purpose of this 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. HIRD HIRD HIRD HIRD D HIRD HIRD IRD HIRD HIRD HIRD 4>0.f � HAD HIRD CN HIRD HIRD CN g HIRD HIRD Z OA HIRD WRD HIRD CN HIRD CN �Hl. -RD HIRD RD HIRD OLAS DRW 11 4IN CN 1 HIRD Figure 1.2 -Zoning Surrounding Land Use and Zoning Use Determination Memo August 8, 2018 Page 3 Location Future Land Use Zoning Existing Land Use Adjacent North HIRD (Hutchison Island Residence Parcels Residential District) South CN (Commercial Retail RU (Residential) Urban Neighborhood) West HIRD (Hutchison Island Residence Residential District) East RM (Residential) HIRD (Hutchison Island Hutchinson Island Club Residential District) Condo Use Analysis • Kerri Varney wishes to locate the Royal Treatment Concierge Care business at 10525 S Ocean Dr. Based on data from the St. Lucie County Property Appraiser, the existing Seaside Shops Plaza building was built in 1971 and consists of: o Gross area: 2,476 sq. ft. o Under air: 2,412 sq. ft. • The proposed hours of operation are seven days a week, from the hours of 12:00 p.m. until 7:00 p.m., or by appointment. There will also be limited after-hours by appointment only for customers who are not available between the hours of operation and may need assistance. • The applicant is proposing to lease one unit within the plaza and indicates that there will be no more than two customers at a time in the facility, as that there are only two rooms in the unit. Use Determination Memo August 8, 2018 Page 4 • The applicant indicates that the proposed establishment will have two employees, including herself. Also, Ms. Varney indicates that her supervisor Dr. Michael Farrell will visit and work at the establishment. Medical treatments • The Land Development Code (LDC) refers to Standard Industrial Classification (SIC) Manual 1987 for details of the classification of uses in zoning districts. Limited medical treatments can be classified under SIC Code 804 Offices & Clinics of Other Health Practitioners. This classification includes Chiropractors, Optometrists, Podiatrists and Practitioners not elsewhere classified. • As stated by the applicant, there will be no major treatments such as, chronic pains, injuries, or disorders. Please see page 3 of the Applicant's Use Determination letter for further details on the treatments preformed at the location. • Per the St. Lucie County Land Development Code (LDC), the Zoning Districts which explicitly list health services as a permitted use is the CG (Commercial General) and CO (Commercial Office) Zoning Districts. Health services is classified as a Conditional Use in the I (Institutional) Zoning District. The following standards for the compatibility of uses are considered in a Use Determination request: • Are there similar uses allowed in the zoning district? CN is one of the less intense commercial zoning districts. Permitted uses in the CN Zoning District, which are similar to the proposed use is beauty and barber services, drugs and proprietary and optical goods stores. o Permitted Uses ■ Beauty and Barber Services (SIC 723/724), which includes hair salons or barber shops, as well as facials and beauty schools for both male and female clientele. • Drugs & Proprietary (SIC 5912), which is the sale of prescription drugs, proprietary drugs, and non-prescription medicines. ■ Optical Goods Stores (SIC 5995), which is engaged in the retail sale of eyeglasses and contact lenses to prescription for individuals. • Are the number of trips generated similar to other uses in the zoning district? Are there traffic circulation issues anticipated which are different than the other similar uses allowed in the zoning district? The trips generated from the proposed use will roughly be 18-29 trips based on the floor area (700-800 sq. ft) of the unit and the amount of employees (2-3). This should not exceed the peak number of trips per day as compared to the other uses in the CN district. Use Determination Memo August 8, 2018 Page 5 Figure 1.3 —subject site • Are the off-street parking demands similar to other uses in the zoning district? The Seaside Shops Plaza has a total of 10 parking spaces; 8 regular and 2 handicap parking. There is also parking in the rear for employees. See Figure 1.7 —site visit below 10525 S Ocean Dr. - Royal Treatment Concierge Care (Proposed Use) The ITE Parking Generation's standard parking demand standard is 3.2 parking spaces per 1,000 sq. ft. of building space — Medical Office Bldg. The unit is approx. 700-800 sq. ft., with two customer treatment rooms, and is not anticipated to generate a significant demand for parking. Total of Employees: 2 Hours of Operation: Monday -Sunday 12:00-TOOpm (Mainly by appointment) After hours are available by appointment only Use Determination Memo August 8, 2018 Page 6 Figure 1.4 -. Site visit - 7/20/2018 The information below is based on the August 1, 2018 site visit between the hours of 12:30-1:15 pm. 10527 S Ocean Dr. - Islander Caf6 (Existing Use The ITE Parking Generation's standard parking demand standard is 9.78 parking spaces per 1,000 sq. ft. of building space — Bread/DonuVBagel Shop without Drive -Through. Total of Employees: 2 Restaurant Capacity: 28 Hours of Operation: Monday: Closed Tues -Sunday 8.00am-1:00pm The restaurant extends the hours to 2:OOpm during peak season Peak Seasons: Winter Peak Days: Saturdays & Sundays Hour of Operation Comparison: This cafe could potentially create the most parking demand of the three uses in the plaza. The estimated trip generation is roughly 25-30 per (hour am) peak in accordance to the ITE Trip Generation; however, the hours of operation for the cafe and proposed use will only overlap between the hours of 12:00-2:OOpm. The hours between 12:00-2:OOpm (2hr) will create more traffic due to both business being open within the same time frame. The amount of traffic generated from the cafe would fluctuate based on the time of season. The hours after 1:00-2.00pm (depending on the season) will free up more parking spaces for the proposed use and salon. See Figure 1.6— site visit below. Use Determination Memo August 8, 2018 Page 7 10529 S Ocean Dr. - Islander Hair Salon (Existing Use) The ITE Parking Generation's standard parking demand standard is 4.67 parking spaces per 1,000 sq. ft. of building space — Shopping Center. The shopping center parking calculation is the closet comparable use to a hair salon per the ITE Parking Generation's standard. Total of Employees: 3 Hours of Operation: Sunday & Monday: Closed Tuesday — Saturday 9:OOam-3:00pm High Peak Season: November — April with February being the busiest Peak Days: Thursday — Saturday The salon closes earlier during the slow season in the summer months. On the August 1, 2018 site visit, the salon closed before 1:OOpm due to the lack of customers. The business owner indicated that she only had 1 customer on 8/1/2018 and 2 customers on 7/31/2018. Hour of Operation Comparison: The hours of operation for the salon and proposed use will overlap between the hours of 12:00-3:OOpm during high peak seasons and it is anticipated that vehicular traffic will be the greatest during the overlapping period. In comparison to the proposed use and salon, the salon will likely have a higher demand of parking based on the ITE parking generation (4.67 Shopping Center) and floor area square footage. The salon encompasses 2 unit spaces within the plaza. The salon will generate more parking in comparison to the proposed use; however, the employees from the salon utilize the rear parking area to provide customers with more parking. Overview: The cafe, salon and proposed use will have overlapping hours of operation during the hours of 12:00-3.00pm; depending on the time of season. The Seaside Shops Plaza has a total of 10 parking spaces; 8 regular and 2 handicap parking in the front of the plaza. There is also parking in the rear for employees which appears to provide space for six vehicles. The businesses owners from the cafe and salon indicated the winter months is when they experience the highest volume of customers. The summers are typically slow for both businesses which result in a decrease of hours of operation during the low peak season. Overall, with the different hours of operation and the limited potential overlap of three hours, it appears the proposed use will not have a negative impact on creating high volumes of traffic/customers, parking deficiencies or imposing an adverse effect to the surrounding business. After speaking with representative from both businesses, they stated the proposed use would not have a negative impact to their business. The businesses are in support of the proposed Royal Treatment Concierge Care. The proposed use should complement the salon by adding a similar type use to the plaza. The salon will provide beauty hair care and the proposed use will provide skin and facial treatments as well as the minor medical treatments. Use Determination Memo August 8, 2018 Page 8 Y Figure 1.7 -. Picture showing rear parking area Site visit - 8/1/2018 (1:16pm) • Does the proposed use create noise, odor, dust, and vibration that would impact adjacent uses or properties which are different than the other similar uses allowed in the zoning district? The proposed use will be conducted within a small enclosed office space with little to no impact on the surrounding business or community in the area. The Royal Treatment Concierge Care is similar to a small beauty service or spa type use. The surrounding properties and occupants within the plaza are not anticipated to experience odors, noise, dust or vibration. The proposed use is not expected to be significantly different than the other uses allowed in the CN Zoning District Use Determination Memo August 8, 2018 Page 9 • Is the proposed use similar in general scope, scale and intensity of existing nearby uses? Within 500 ft. of the proposed the Royal Treatment Concierge Care location; the surrounding area consist of Hutchison Island Residential District and Commercial Neighborhood uses. The retail and residential are both existing permitted uses in the CN and HIRD zoning districts. Hutchison Island Residential District Condominiums Residence Commercial Neighborhood Uses 10527 -Islander Cafe 10529 -Islander Hair Salon 10537 -What's Up Cupcake? LLC 10545-Brock's Bar & Grill, Inc 10551-Seabreeze Food Store The proposed use is similar to the scope, scale and intensity of the existing uses. • Is the proposed use similar to the purpose and intent of the zoning district? The proposed use is generally of equal intensity with the other permitted uses in the CN zoning district, such as beauty services and eating places. The use would provide similar uses to beauty services (Permitted Use in Commercial Neighborhood). The proposed use meets the purpose and intent of the Commercial Neighborhood 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 small market area, which does 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. Based upon the other permitted uses, including beauty services, drugs and proprietary and optical goods stores, allowed within the CN zoning district and the staff analysis, staff recommends that offices & clinics of other health practitioners (SIC Code 804) is of the same general type of use permitted in the CN district and that the proposed use may be a Permitted Use within the Commercial Neighborhood zoning district. Pursuant to Section 3.01.02 B., staff recommends the proposed Health Service use (SIC Code 804) be allowed as a Permitted Use on the subject property, and within the CN zoning district, generally, per Section 3.01.01 (C). Use Determination Memo August 8, 2018 Page 10 Recommendation Based upon the forgoing analysis, staff recommends approval of determining the proposed use as permitted in the CN zoning district based on the finding that the proposed use: a) Is consistent with and of an equal or lesser uses intensity than other uses permitted in the zoning category. b) Is equal to or of a lesser intensity than other either currently existing or previously permitted at this location. c) Does not generate trips that exceed the LOS surrounding roadways. d) Does not create a parking demand that exceed 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, on the site considered, appropriate buffers to mitigate potential impacts on adjacent uses or 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 the Comprehensive Plan.