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HomeMy WebLinkAboutPDS ORDER 12-029A 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 SCANNED St. LucBY County PDS ORDER 12-029 WDA-720124465 AN ORDER GRANTING APPROVAL TO ALLOW THE FABRICATION OF MARBLE AND GRANITE COUNTER TOPS 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 the fabrication of marble and granite counter tops 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. 3. The determination to allow the fabrication of marble and granite counter tops as a permitted use within the IL (Industrial, Light) zoning district is consistentwith 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 IL (Industrial, Light) zoning district. NOW, THEREFORE, BE IT ORDERED: by the Planning and Development Services Director of St. Lucie County, Florida: The fabricating of marble and granite counter tops has been determined to be consistent with similar permitted uses in the IL (Industrial, Light) 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. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY W DA 720124465 FILE # 3740709 0812812012 a108:51 AM PDS 12-029 August 22, 2012 OR BOOK 3425 PAGE 2381.2382 Doc Type:ORD Page 1 of 2 RECORDING: $18.50 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 PART B. APPLICABILITY OF ORDINANCE This Order shall only constitute approval of the fabricating of marble and granite countertops as a permitted use be applicable in the IL (Industrial, Light) 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 22nd day of August, 2012. W DA 720124465 August 22, 2012 PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA BY M Yk Satterlee, AICP, Director APPROVED AS TO FORM AND CORRECTNESS: BY PDS 12-029 Page 2 of 2 Planning and Development Services Department Planning Division MEMORANDUM TO: Mark Satterlee, AICP, Director THROUGH: Kara Wood, Plannin Manager FROM: Linda Pendarvis DATE: August 22, 2012 SUBJECT: Franceschi Marble and Granite= Cut stone and stone products (SIC 328)" use determination in IL (Industrial, Light) This memorandum is a request to consider the fabrication of marble and granite counter tops as a permitted use within the Industrial Light zoning district. Because this use is lumped under the "Cut stone and stone products (SIC 328)" classification the subject business would be required to submit an application for a Conditional Use Permit prior to applying for a Certificate of Zoning Compliance in order to obtain an Occupational License with the Tax Collector. The conditional use process is to allow more intense uses that may be consist with other uses in the IL zoning district as long as certain conditions of approval are imposed upon the operations and/or property. The following analysis outlines the operations of the subject business which has been refined with modern technology and recognizes the compatibility this use has with current permitted uses allowed in the IL zoning district without imposing additional conditions of approval. Background Pursuant to provisions in Ordinance 12-003 and the Land Development Code this is a request related to allowing a marble and granite stone cutting contractor business at 7361 Commercial Circle, Kings Highway Industrial Park. The Land Development Code (LDC) currently lists "Cut stone and stone products (328)" as a conditional use permit within the Industrial, Light zoning district. The subject property was purchased by the current owner in March 2012 in order to relocate their existing business operations which include the fabricating of marble and granite counter tops. On April 16, 2012, Andrea Quintero applied for a zoning compliance to relocate their fabrication business of counter tops to the new location in the Kings Hwy Industrial Park. Franceschi Marble and Granite, Inc is registered with the County's Contractor Licensing as Finish Carpentry to be able to install their counter tops that they fabricate. Their license is current and active. The applicant was granted a Certificate of Zoning Compliance to allow the "Construction Services — special trade contractors (17)" part of the business with the condition that in 60 days they would apply for a conditional use permit for cut stone and stone products. The business and property owner of Franceschi Marble and Granite, Inc met with the Development Review Committee on July 19, 2012 where an extensive overview of the operations to the finishing of granite and marble counter tops was provided to staff. It is staff's recommendation that the fabricating of marble and granite counter tops is an isolated operation from the general classification of "Cut stone and stone products (328)" and should be extracted from the overall SIC 328 grouping to be considered a nermitted use within the IL (Industrial. Licht) zoning district based on the followina findinas and facts. Franceschi Marble and Granite 7361 Commercial Circle Page 2 of 3 Analysis The subject property consist of two parcels (1335-802-0049-000/9 and 1334-802-0048-000/2) zoned IL (Industrial, Light). The IL zoning district is 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. ;• On June 14, 1993 the subject property was granted site plan approval for the project known as Terra International. The site consists of two buildings totaling approximately 9,900 square feet with 14 parking spaces on 1.57 acres located within Kings Highway Industrial Park. The site is in compliance with current LDC requirements. The cutting of stone has been categorized as a conditional use in the IL zoning district since 1984. Since that time the advanced technology used today to cut and finish granite and marble in particular no longer creates undesirable noise, odor, dust or is offensive to the environment. The following list of permitted uses allowed In IL zoning can be considered similar to the activity imposed by the fabricating of marble and granite counter tops. • Manufacturing furniture and fixtures (SIC 25), which includes household and office furniture and kitchen cabinets. • Fabricated metal products (SIC 344), which includes the cutting, forming and joining metal plates, shapes, bars, sheets, pipe and tubing to custom or standard designs. • Manufacturing glass (SIC 32), which produces laminated glass and includes glassware products that require to be pressed, blown, or shaped from glass. :• Construction Services — special trade contractors (SIC 17) is a permitted use in the IL zoning district and includes uses and activities similar in intensity. The operations to fabricate these counter tops include the cutting of a'/, inch thick slab with a saw machine that uses diamond blades. Diamond pads are used to polish and shape the edges of the slab. All of the machines work with water to minimize the dust created by the cutting of the stone. The residual is gathered in a dumpster that gets picked up by Treasure Coast Refuse. All operations take place indoors. 0o Many cut stone operations are not conducive to indoor operations whereas the cutting operations of marble and granite can be conducted inside a building. The technology today for cutting marble and granite allows for precision cutting and is similar to the table saw cutting of kitchen cabinets and furniture that is a permitted use in the IL zoning district. Because the cutting of marble and granite has be refined the individual review required through the conditional use permit process for the appropriateness of this use on a particular site and adjacent properties is no longer warranted making this use compatible and does not require additional conditions be imposed. :• The "Cut Stone and Stone Products SIC 3281" include a broad range of more intense uses such as burial vaults, curbing, dimension stone for buildings, monuments, paving blocks, slate and slate products and stone, quarrying process of stone products and are establishments that can impose undesirable noise, odor, dust and other offensive effects and cannot always be accommodated as an indoor operation. That is why staff is not suggesting that all "Cut stone and stone products (SIC 328)" uses be allowed as a permitted use; only the marble and granite counter top operation. °o Staff recommends that the cutting of marble and granite be determined consistent with services, such as manufacturing of kitchen cabinets, furniture, metal and glass products that are existing permitted uses within the IL Zoning District. This determination will permit the business owner to continue Franceschi Marble and Granite 7361 Commercial Circle Page 3 of 3 operations under their existing zoning compliance and not be required to obtain a conditional use permit. Recommendation Based upon the foregoing analysis, staff recommends approval of determining the proposed use as permitted in the IL zoning district based upon the finding that the proposed use: a) Is consistent with and of an 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) 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.