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Home My WebLink About2013-11-08 (P) Staff Report P&Z Memo Planning and Development Services Department M E M O R A N D U M TO: Planning and Zoning Commission THROUGH: Mark Satterlee, AICP, Director Leslie Olson, AICP, Planning Manager FROM: Diana Waite, AICP, Senior Planner Planning Division DATE: November 8, 2013 SUBJECT: Robert & Kimberly Keeney for a Change in Zoning from IX to AG-5 – East side of Trowbridge Road, 1,380 feet south of Orange Avenue. ITEM NO. IV-B GENERAL INFORMATION: Applicant: Robert & Kimberly Keeney 6904 Plumosa Lane Fort Pierce, FL 34951 Requested Change in zoning from the IX (Industrial, Extraction) Zoning District to the AG-5 (Agri- Action: cultural – 1 du/5ac) Zoning District. Purpose: To allow for the construction of a single family home. Location: 1,380 feet south of Orange Avenue on the east side of Trowbridge Road. Tax ID: 2212-800-0005-0008 Size: 11.62 acres Fire/EMS Station # 11 (3501 Shinn Rd.) is located approximately 3.5 miles to the southeast. Protection: Utility Service: On-site well and septic system. Robert & Kimberly Keeney RZ 920134672 November 21, 2013 Page 2 TRANSPORTATION IMPACTS Right –of-way Adequacy: Trowbridge Road is a County owned 60 foot wide road right-of-way improved with millings. SCHEDULED IMPROVEMENTS: None. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit Existing Conditions: View of the petition property from Trowbridge Road View to the south along Trowbridge Road Existing Land Use and Zoning: Future Land Use Zoning Existing Land Use AG-5 (Agricultural – 1 unit per 5 acres) IX (Industrial, Extraction) Vacant land Surrounding Land Use and Zoning: Future Land Use Zoning Existing Land Use North MXD (Special Use COM/IND Activity Area) Medium Intensity IL (Industrial, Light) Grove management and agricultural equipment sales South AG-5 (Agricultural – 1 unit per 5 acres) IX (Industrial, Extraction) Plant Nursery – Tree Farm East AG-5 (Agricultural – 1 unit per 5 acres) AG-5 (Agricultural – 1 unit per 5 acres) Grazing - Pasture lands West AG-5 (Agricultural – 1 unit per 5 acres) AG-5 (Agricultural – 1 unit per 5 acres) Grazing - Pasture lands Robert & Kimberly Keeney RZ 920134672 November 21, 2013 Page 3 BACKGROUND INFORMATION: Previous actions related to this petition:  February 28, 1989 – Resolution 89-55 rezoned a 34 acre tract from AG-1 to IX (Industrial, Extraction) that included the subject lands.  1993 – Orange Avenue AG Park Plat was approved that included the five parcels along Orange Avenue Zoned IL and 3 lots along Trowbridge zoned IX, including the subject parcel. ********************************************** STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for a change in zoning, the Board of County Commissioners shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed AR-5 (Agricultural – 1du/5ac) Zoning District is consistent with the St. Lucie County Land Development Code (LDC) and has met the standards of review for changes to the Official Zoning Atlas set forth in Section 11.06.03 of the County’s Land Development Code. The proposed rezoning is consistent with Section 11.09.02(A), Table 11-1 Land Use Category/Zoning District compatibility chart and the site meets the dimensional requirements set forth in Section 7.04.00 and Table 7-10 for the AG- 5 Zoning District. The applicant is seeking a change in zoning to allow for the building of a residential home. The only permitted uses in the parcel’s existing IX Zoning are mining operations and mobile food vendors. The proposed agricultural zoning district is found on several parcels in the area will allow the proposed single family homestead. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed change in zoning is consistent with the St. Lucie county Comprehensive Plan. The Future Land Use Element’s Land Use Compatibility Chart allows AG-5 Zoning within the subject property’s AG- 5 (Agricultural – 1du/5ac) Future Land Use Designation. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed AG-5 (Agricultural – 1du/5ac) Zoning District is consistent with the existing and proposed agricultural uses surrounding the parcel and with sufficiently buffering can be compatible with the adjacent light industrial land uses along Orange Avenue. Although an IX (Industrial, Extraction) Zoning is also on the parcels to the south, the IX zoned parcels have never been used for mining operations. Given the small size of the IX parcel will not likely support a commercial mining operation in the future. A tree farm is currently operated on the IX parcels to the south. Robert & Kimberly Keeney RZ 920134672 November 21, 2013 Page 4 4. Whether there have been changed conditions that require an amendment; There have been no changes that require the proposed amendment. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; Prior to the issuance of any final development order, the developer must demonstrate that all public facilities are available to serve the parcel and obtain a Certificate of Capacity. The applicant has signed the required Concurrency Deferral Affidavit recognizing this provision. The proposed AG-5 Zoning District represents a less intense zoning district with fewer potential impacts on public infrastructure than the existing IX Zoning District. Water and Wastewater The subject property would be served by an on-site well and septic system. Transportation System The petition site has frontage on two public road rights-of-way, Trowbridge Rod, a 50-foot County right- of-way improved with millings. Access to the site is from Trowbridge Road. Land uses permitted in the proposed AG-5 Zoning District are expected to generate fewer trips that the existing IX Zoning District. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The change in zoning is not expected to result in significant adverse impacts on the natural environment. The Environmental Resources Department staff will conduct further review to ensure compliance with the Land Development code during the site plan and/or building permit review process. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; The proposed change in zoning is expected to result in an orderly and logical development pattern. The proposed parcel is located within a rural area with existing agricultural uses surrounding the parcel, except for the IL zoned parcels along Orange Avenue. Future residential and agricultural uses on the subject parcel can be located in a manner and sufficiently buffered to reduce any potential negative impacts from the existing and future industrial uses along Orange Avenue. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed zoning district is not in conflict with the public interest and is in harmony with the purpose and intent of the land development code. CONCLUSION In considering a change in zoning, all uses within the proposed zoning district that are permitted by right may be located on the property. Attached is a copy of Section 3.01.03(V) – IX (Industrial, Extraction), of Robert & Kimberly Keeney RZ 920134672 November 21, 2013 Page 5 the St. Lucie County Land Development Code, which sets forth the permitted, accessory, and conditional uses allowed in this zoning district. If a change in zoning is approved, the applicant, by right, would be allowed to establish any of the uses under the Permitted Uses section. Any use under the Accessory Uses section would be allowed only if one or more of the permitted uses exist on the subject property. Any use under the Conditional Uses section could only be allowed if it first receives approval through the Board of County Commissioners. RECOMMENDATION Staff recommends that the Planning and Zoning Commission forward a recommendation of approval to the Board of County Commissioners. Robert & Kimberly Keeney RZ 920134672 November 21, 2013 Page 6 Suggested motion to recommend approval/denial of this requested change in zoning. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF ROBERT & KIMBERLY KEENEY FOR A CHANGE IN ZONING FROM THE IX (INDUSTRIAL, EXTRACTION) ZONING DISTRICT TO THE AG-5 (AGRICULTURAL – 1 UNIT PER 5 ACRES) ZONING DISTRICT, BECAUSE..... [CITE REASON WHY - PLEASE BE SPECIFIC]. MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF ROBERT & KIMBERLY KEENEY FOR A CHANGE IN ZONING FROM THE IX (INDUSTRIAL, EXTRACTION) ZONING DISTRICT TO THE AG-5 (AGRICULTURAL – 1 UNIT PER 5 ACRES) ZONING DISTRICT, BECAUSE..... [CITE REASON WHY - PLEASE BE SPECIFIC].