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HomeMy WebLinkAboutBOA Agenda Packet 03.24.2021LuIl BOARD OF ADJUSTMENT AGENDA ST. LUCIE COUNTY Regular Meeting Wednesday, March 24, 2021 9:30 AM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS CHAIR ROBERT LOWE SR. VICE -CHAIR CHIEF DEREK FOXX COMISSIONERS ALEXANDER TOMMIE STEWART MENCER KEVIN GRIFFIN Mission Statement St. Lucie Works to deliver superior service that enhances our quality of life Page 1 of 144 Regular Meeting Wednesday, March 24, 2021 9:30 AM 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF MINUTES A. Approval of the February 24, 2021 BOA Meeting Minutes B. Discussion of January 27, 2021 BOA Minutes 5. SWEAR IN STAFF MEMBERS 6. PUBLIC COMMENTS 7. AGENDA ITEMS A. Palmetto Flatts Variance (Quasi -Judicial Item -Board Disclosures) 1. Staff Presentation 2. Board Discussion 3. Applicant Sworn -In Presentation 4. Board Discussion 5. Public Comment 6. Board Discussion/Decision B. Springs Recovery Center Variance (Quasi -Judicial Item -Board Disclosures) 1. Staff Presentation 2. Board Discussion 3. Applicant Sworn -In Presentation 4. Board Discussion 5. Public Comment 6. Board Discussion/Decision 2�14"': Page 2 of 144 Regular Meeting Wednesday, March 24, 2021 9:30 AM C. Brocksmith Subdivision Variance (Quasi -Judicial Item -Board Disclosures) 1. Staff Presentation 2. Board Discussion 3. Applicant Sworn -In Presentation 4. Board Discussion 5. Public Comment 6. Board Discussion/Decision 8. OTHER BUSINESS 9. ANNOUNCEMENTS 10. ADJOURN NOTICE: The proceedings of the Board of Adjustment are electronically recorded. PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at a meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued from time to time as may be necessary to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TDD 772-462-1428 at least forty-eight (48) hours prior to the meeting. Any questions about this agenda may be referred to the St. Lucie County Board of Adjustment at 772-462-2822. 3 1 g Page 3 of 144 .µme 7�5 C r d ri y �. BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA Regular Meeting February 24, 2021 Convened: 9:45am Adjourned: 10:39am 1. CALL TO ORDER The meeting was called to order at 9:45am AM by Chairman Lowe 2. PLEDGE OF ALLEGIANCE Chairman Lowe proceeded with the pledge of allegiance and Board Member Griffin led the invocation. 3. ROLL CALL Madame Secretary called the Roll Present Chairman Bob Lowe, Vice -Chair Derek Foxx, Board Member Kevin Griffin, Board Member Alexander Tommie Excused Board member Stewart Mencer 4. APPROVAL OF MINUTES A. Approval of Minutes for the January 27, 2021 Board of Adjustment Meeting Vice -Chair Foxx motioned for approval. Board Member Mr. Tommie seconded. Board Member Mr. Griffin requested the part of the minutes that says a tent be stricken and replaced with wooden lean-to. Vice -Chair Foxx as the person who motioned agreed, and the Seconder Board Member Mr. Tommie also agreed. Page 4 of 144 Board of Adjustment Wednesday, February 24, 2021 9:30 AM RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: S. SWEAR IN STAFF MEMBERS Secretary swore members: Linda Pendarvis Tahir Curry Kori Benton 6. PUBLIC COMMENTS None. APPROVE Vice -Chair Derek Foxx Board Member Alexander Tommie Bob Lowe, Derek Foxx, Alexander Tommie, Kevin Griffin None None 7. ELECTION OF OFFICIALS 2021 A. Board Chairperson Chair Lowe opened up the floor for nominations. Vice -Chair Foxx nominated Chair Lowe. Board Member Tommie seconded. RESULT: APPOINT MOVER: Vice -Chair Derek Foxx SECONDER: Board Member Alexander Tommie AYES: Bob Lowe, Derek Foxx, Alexander Tommie, Kevin Griffin NAYS: None EXCUSED: None B. Board Vice -Chair Chair Lowe requested nominations from the board. The gavel was passed to Mr. Tommie and Chair Lowe nominated Vice Chair Foxx as Vice Chair. Mr. Griffin seconded. 2 1 p„ Page 5 of 144 Board of Adjustment Wednesday, February 24, 2021 9:30 AM RESULT: APPOINT MOVER: President Bob Lowe SECONDER: Board Member Kevin Griffin AYES: Bob Lowe, Derek Foxx, Alexander Tommie, Kevin Griffin NAYS: None EXCUSED: None Ms. Barbieri reminded the Board that they need to vote on the Board Secretary as well. The board may choose a member or continue to have staff in this roll. Vice Chair Foxx nominated staff for Board secretary. RESULT: APPOINT MOVER: President Bob Lowe SECONDER: Board Member Kevin Griffin AYES: Bob Lowe, Derek Foxx, Alexander Tommie, Kevin Griffin NAYS: None EXCUSED: None 8. AGENDA ITEMS A. Carr Investment Properties, Inc. Variance (Quasi -Judicial Item -Board Disclosures) 1. Staff Presentation 2. Board Discussion 3. Applicant Sworn -In Presentation 4. Board Discussion S. Public Comment 6. Board Discussion/Decision BOARD DISCLOSURES None. STAFF PRESENTATION Tahir Curry, Associate Planner, SLC. The request is for a variance from the provisions of St. Lucie County Land Development Code Section 7.04.01 (Table 7-10) Lot Size and Dimensional Requirements, for the RMH-5 (Residential, Mobile Home - 5) Zoning District, to allow: A 1,216 3 1 p„ Page 6 of 144 Board of Adjustment Wednesday, February 24, 2021 9:30 AM sq. ft. (16.0' X 76.0') mobile home to encroach 4.1 ft. into the required 15 ft. rear yard (setback), providing a 10.9 ft. total rear setback of. Tahir presented regarding public notification, aerial, zoning, original plat, proposed location of the mobile home. BOARD DISCUSSIONS Mr. Griffin inquired regarding the mail outs. Mr. Curry clarified that they are mailed out to the owners listed on the property card for the properties within 500 ft. of the subject property. Mr. Griffin inquired of Ms. Barbieri regarding mailing requirements for tenants. Ms. Barbieri stated that they do not get notified and is not required. A large yellow sign notifying locals are posted for each variance. APPLICANT PRESENTATION Jayson Oneschuck, 2744 E. Commercial Blvd. Ft. Lauderdale FL. Hardship is in the size of the mobile home. Applicant requested the least amount of encroachment. BOARD DISCUSSIONS Chair Lowe inquired if the applicant is the owner. He responded that he is and that he plans to rent it out. Mr. Griffin inquired regarding the size of the mobile home. The applicant responded that 74' is the standard size for the manufacturer. Chair Lowe inquired about the septic on the lot with concerns for the variance. The applicant says that the variance request will not affect the septic. Mr. Griffin inquired about the response not in favor, whether or not the applicant has had contact with them. He stated that he has not. Mr. Griffin then inquired of staff whether there was a written response from that person. Mr. Curry stated just the "not in favor" checkbox was checked. PUBLIC COMMENT None. BOARD MOTION Mr. Tommie motioned to approve Vice -Chair Foxx Seconded. Mr. Tommie read motion in packet and motioned to approve because of staff recommendation. BOARD DISCUSSION Mr. Griffin stated that there is a procedural problem for tenants certified mail notice. Mr. Tommie agreed. RESULT: APPROVE MOVER: Board Member Alexander Tommie SECONDER: Vice -Chair Derek Foxx AYES: Bob Lowe, Derek Foxx, Alexander Tommie NAYS: Kevin Griffin EXCUSED: None 4 1 p„ Page 7 of 144 Board of Adjustment Wednesday, February 24, 2021 9:30 AM 9. OTHER BUSINESS Ms. Pendarvis, Planning Manager Responded in reference to the request for certified mailers to tenants stating that public notice requirements are from Florida statues which states that property owners that own properties within 500 ft. receive notice. Ms. Pendarvis stated that she will bring the recommendation to the Director for discussion. Mr. Tommie recommended a workshop with the Director to address this concern. Mr. Griffin stated that there have been studies done that take absentee ownership prevents people from receiving services. Chair Lowe stated that possibly involving the associations. 10. ANNOUNCEMENTS 11. ADJOURN RESULT: APPROVE MOVER: Board Member Kevin Griffin SECONDER: Board Member Alexander Tommie AYES: None NAYS: None EXCUSED: None 5 1 p„ Page 8 of 144 .µme 7�5 C r d ri y �. BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA Regular Meeting January 27, 2021 Convened: 9:44 am Adjourned: 10:20 am 1. CALL TO ORDER The meeting was called to order at 9:44 AM by Vice -Chair Foxx. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Present Vice -Chair Derek Foxx, Board Member Alexander Tommie, Stewart Mencer, Board Member Kevin Griffin Excused Chairman Bob Lowe 4. APPROVAL OF MINUTES A. Approval of Minutes for the November 18, 2020 Board of Adjustment Meeting A motion was made to approval of minutes and it passed unanimously. RESULT: APPROVE MOVER: Board Member Kevin Griffin SECONDER: Board Member Alexander Tommie AYES: Vice -Chair Derek Foxx, Alexander Tommie, Stewart Mencer, Kevin Griffin Page 9 of 144 Board of Adjustment Wednesday, January 27, 2021 9:30 AM NAYS: None EXCUSED: None 5. SWEAR IN STAFF MEMBERS Madame Secretary swore in the following staff members: Linda Pendarvis Tahir Curry Kori Benton 6. PUBLIC COMMENTS None 7. ELECTION OF OFFICIALS 2021 Vice Chair Fox opened the election up to the Board to decide how they would like to proceed. Mr. Mencer moved to nominate Mr. Lowe. Mr. Tommie motioned to postpone election until the February meeting. Ms. Barbieri confirmed that it can be done. RESULT: APPROVE MOVER: Board Member Alexander Tommie SECONDER: Board Member Stewart Mencer Vice -Chair Derek Foxx, Board Member Alexander Tommie, Board Member AYES: Stewart Mencer, Board Member Kevin Griffin NAYS: None EXCUSED: None A. Board Chairperson B. Board Vice -Chairperson 2 1 p„ Page 10 of 144 Board of Adjustment Wednesday, January 27, 2021 9:30 AM 8. AGENDA ITEMS A. Wilson Variance (Quasi -Judicial Item -Board Disclosures) 1. Staff Presentation 2. Board Discussion 3. Applicant Sworn -In Presentation 4. Board Discussion 5. Public Comment 6. Board Discussion/Decision Tahir Curry presented the Wilson Variance to deviate from the Provisions of St. Lucie County Land Development Code Section 7.04.01 (Table 7-10) Lot Size and Dimensional Requirements, for the AR-1 (Agricultural, Residential - 1) Zoning District, to allow: Existing pole barn to encroach 10.5 feet into the required 30-foot rear yard and 20-foot side yard setback, and; Existing metal shed and adjoining lean-to to encroach 10.2 feet into the required minimum 20-foot side yard setback. He went over the Public Notification, Aerial, Zoning, Photos of existing structures and Mail Notice Responses. Staff recommends denial of the request as the variance is not consistent with the standards of review as set forth in St. Lucie County's Land Development Code Section 10.01.02. as it does not arise from conditions that are unique to the site and is not a hardship as defined in the St. Lucie County Land Development Code. BOARD DISCUSSION Mr. Tommie inquired if the Board had previously approved a variance on this property. Staff clarified the BOA has not. Discussion amongst the Board regarding a similar variance. Mr. Griffin inquired about the non-compliance of the setbacks. Mr. Curry clarified that none of the structures are permitted. Mr. Griffin also inquired about the mail out notices that were not submitted. Mr. Curry replied that he has a list of mail outs for the 500-foot radius of the property. Mr. Griffin inquired about the vegetation removal. Mr. Curry replied that ERD stated that for the owners to remove vegetation they would have to do so via the building permit process. Mr. Griffin inquired regarding violation stated in the ERD report in the staff package. He also inquired if the Board could make conditions to the variance in this regard. Ms. Barbieri stated that the Board may do so. Ms. Barbieri clarified that the applicant will not get a permit if they do not comply with ERD. Vice -Chair Foxx inquired about a permit for a pole barn in AG property. Ms. Barbieri responded that the only time it does not apply if it is an essential part of a farming operation, however this is residential and therefore a permit is required. 3 1 p„ Page 11 of 144 Board of Adjustment Wednesday, January 27, 2021 9:30 AM APPLICANT PRESENTATION Applicant got sworn in by Board secretary and stated name and address for the record. Edwin Wilson, 4911 Bald Cypress Trail, Ft. Pierce, FL. He clarified for the board that only the only part of his property he cleared was the fence on the west side from vines and small plants. The lot was cleared in 2007. The property was bought and built then. Mr. Griffin clarified for the applicant that the invasive species need to be removed as a part of the permit. Mr. Wilson understood. Mr. Mencer inquired about permit status. Mr. Wilson stated that it is pending the variance hearing today. PUBLIC COMMENT None. BOARD DISCUSSION Mr. Tommie inquired regarding denial process for applicant. Mr. Curry stated that he would have to relocate and reapply the building department the pole barn, shed and lean-to. Mr. Mencer wanted to clarify that the pole barn does not have a concrete slab and that it would just have to be moved. Mr. Wilson replied that it would be a large expense because the poles will not be reusable, and the tin would have holes in it as well. Only the trusses are reusable. Mr. Tommie inquired regarding variance approval process. Mr. Curry replied that the lean --to and shed would need building permit. Mr. Griffin inquired of the applicant if the pole barn is on skids. Mr. Wilson replied that it is. Mr. Griffin stated that the shed can be put into compliance. Mr. Griffin also asked if the lean-to would be destroyed if the shed is moved. Mr. Wilson said it would. MOTION Mr. Griffin moved to approve the Wilson Variance based on the evidence and testimony received. Mr. Tommie seconded. RESULT: APPROVE MOVER: Board Member Kevin Griffin SECONDER: Board Member Alexander Tommie AYES: Vice -Chair Derek Foxx, Board Member Alexander Tommie, Board Member Kevin Griffin NAYS: Board Member Stewart Mencer EXCUSED: None 9. OTHER BUSINESS Vice -Chair opened the floor for other business. Assistant County Attorney Katherine Barbieri introduced Caroline Valentin, new Assistant County Attorney as she may be working with this Board in the future. 4 1 p„ Page 12 of 144 Board of Adjustment Wednesday, January 27, 2021 9:30 AM 10. ANNOUNCEMENTS Mr. Tommie inquired regarding a meeting in February. Ms. Pendarvis responded the meeting will be held 2/24/2021. 11. ADJOURN Motion to adjourn at 10:20 am. RESULT: APPROVE MOVER: Board Member Kevin Griffin SECONDER: Board Member Alexander Tommie AYES: None NAYS: None EXCUSED: None 5 1 III: �:: p„ Page 13 of 144 ITEM NO. (ID # 2021-51113) S54fo L U C AGENDA REQUEST TO: Board of Adjustment PRESENTED BY: Kristopher Mccrain, Associate Planner SUBMITTED BY: Planning & Development Services SUBJECT: Palmetto Flatts Variance (Quasi -Judicial Item -Board Disclosures) 1. Staff Presentation 2. Board Discussion 3. Applicant Sworn -In Presentation 4. Board Discussion 5. Public Comment 6. Board Discussion/Decision BACKGROUND: DATE: 3/24/2021 RES NO: BOA-20- The petitioner has requested a Variance from the provisions of Section 7.05.02 (Streets) of the St. Lucie County Land Development Code to allow a permanent dead-end street to exceed one thousand (1,000) feet in length. This request is to allow a 2,972 linear foot dead-end street with a cul-de-sac as access for a proposed nine (9) lot subdivision, to be known as Palmetto Flatts, within the AG-1 (Agricultural - 1du/ac) Zoning District. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends denial of the requested as it does not conform to a strict interpretation of the standards of review as set forth in Section 7.05.02 - Streets, and Section 10.01.00 - Variances, of the St. Lucie County's Land Development Code. COMMISSION ACTION: RESULT: MOVER: None Page 14 of 144 SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures 4M/X pjlr� Date: March 15 2021 Linda Pendarvis, Planning Manager Date: March 15, 2021 Benjamin Balcer, Planning & Development Services Assistant Director Date: March 16, 2021 Katherine Barbieri, Assistant County Attorney III Page 15 of 144 Board Memorandum TO: Board of Adjustment THROUGH: Linda Pendarvis, Planning Manager Kori Benton, AICP, Assistant Planning Manager FROM: Kris McCrain, Associate Planner DATE: March 24, 2021 SUBJECT: Petition of Tindall Holdings II LLC for a Variance from the provisions of the St. Lucie County Land Development Code Section 7.05.02 — Streets, to allow a permanent dead-end street to exceed one thousand (1,000) feet in length. ITEM NO.: 2021-51113 AGENDA Agenda Item 7.A. NO.. Applicant: Tindall Holdings 11 LLC 201 Campbell RD Fort Pierce, FL 34945 Agent: Leo Giangrande, PE Giangrande Engineering & Planning 2081 SE Ocean Boulevard Suite 1 A Stuart, FL 34994 Location: 11652 Orange Avenue, Fort Pierce FL 34945 Parcel ID Number: 2309-210-0000-000-9 Project Size: 82.28-acres Zoning District: AG-1 (Agricultural — 1 du/ac) Future Land Use: RE (Residential Estate) Purpose: The purpose of this Variance is to allow a 2,972 linear foot dead-end cul-de-sac street to access a proposed nine (9) lot subdivision. Existing Use: Vacant Proposed Use: Single -Family Agricultural Utilities: Sewer — Private Septic System(s) Water — Private well(s) BACKGROUND: Page 16 of 144 Board of Adjustment Staff Report Palmetto Flatts Variance (BA-9202025836) March 24, 2021 The undeveloped parcel, totaling 82.28-acres, is located at 11652 Orange Avenue, Fort Pierce. The property is zoned AG-1 (Agricultural — Idu/ac), with a compatible RE (Residential, Estate) Future Land Use designation, and is located within the Urban Service Boundary (USB). VARIANCE REQUEST: The applicant purchased the property on August 31, 2016 and is seeking to develop a nine (9) lot subdivision. This Variance request proposes a permanent dead-end street to exceed one thousand (1,000) feet in length, presenting a 2,972 linear foot dead-end street with a cul-de-sac as access for a proposed nine (9) lot subdivision to be known as Palmetto Flatts. The proposed development will be subdivided as follows: Table 1: Lot # Lot Size (acres) Lot # / Tract Lot Size (acres) 1 10.16 8 7.53 2 9.45 9 8.94 3 10.22 Private Road Tract 5.07 4 9.65 R.O.W. Dedication (Campbell Road) 2.39 5 5.09 R.O.W. Dedication (Orange Avenue) 1.44 6 7.26 Total Area = 82.28 7 5.08 Page 17 of 144 Board of Adjustment Staff Report Palmetto Flatts Variance (BA-9202025836) March 24, 2021 ENVIRONMENTAL REVIEW: Background: The Environmental Resources Department (ERD) is in receipt of the January 28, 2021 date -stamped submittal from Planning and Development Services. The applicant is requesting a Variance to allow for a dead-end street to exceed the 1,000 foot maximum length, pursuant to Land Development Code Section 7.05.02 associated with associated Minor Site Plan and plat applications for a nine (9) lot subdivision of an 82.29 acre parcel off Orange Avenue. The subject site is located on the north side of Orange Avenue, approximately 3,800 ft. west of the Florida Turnpike. The site is characterized primarily by pine flatwoods (43.6 acres of the subject site), along with 24.62 acres of improved pasture, two (2) isolated wetlands (an 8.16 acre non -forested freshwater emergent, water conveyance ditches (5 acres), and two (2) artificial ponds (0.37 acres). Findings: This proposed Variance is not anticipated to result in any adverse environmental impacts. The proposed access road for which the Variance is being requested has been previously cleared. Environmental impacts, as well as landscaping, for the remainder of the subject site are being reviewed through the concurrent minor site plan and plat applications. Recommendation: The Environmental Resources Department has no objection to the proposed Variance. Page 18 of 144 Board of Adjustment Staff Report Palmetto Flatts Variance (BA-9202025836) March 24, 2021 STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for a Variance from the St. Lucie County Land Development Code (LDC), the Board of Adjustment shall consider and make the following determinations: 1. The Variance requested arises from conditions that are unique and peculiar to the land, structures, and buildings involved; that the particular physical surroundings, the shape, or topographical condition of the specific property involved would result in unnecessary hardship for the owner, lessee, or occupant, as distinguished from a mere inconvenience, if the Provisions of Chapter 7 are literally enforced; that they are conditions that are not ordinarily found in the same Zoning District, and the conditions are created by the regulations of Chapter 7, of this Code, and not by an action or actions of the property owner or the applicant. The Variance does not arise from conditions that are unique or peculiar to the land, or physical surroundings as defined in the St. Lucie County Land Development Code (LDC). Special conditions do not exist that would result in an unnecessary hardship for the owner, lessee, or occupant. The petition does not distinguish the Variance from mere inconvenience. LDC conflict is created by the actions of the property owner and is not based on conditions that are peculiar to land. The literal enforcement of the 1,000-foot maximum dead- end road length would not be impractical or result in an undue hardship that would prevent enjoyment of the properties. The property contains wetlands, to be preserved, however these do not impede adherence to the applicable provisions. Small to midsize wetlands, as present on the property, frequently occur in the subject zoning district. 2. The granting of the Variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, create a hazard to air navigation, endanger the public safety, or substantially diminish or impair property values within the neighborhood. The granting of the requested Variance is not expected to harm other property or improvements in the neighborhood, nor is it expected to impair an adequate supply of light or air to adjacent public streets, increase the danger of fire, or endanger the public safety, and therefore should have no negative impact on property values. The proposed subdivision is compatible with the surrounding properties. Neighboring properties range from agricultural to ranchette uses which are consistent with the nature of the proposed development. The subject 82.28-acre property is rectangular shaped and is approximately 1,350' X 2,600' in area. The overall subject property, as well as each proposed lot is conforming to the required minimum lot width of one -hundred & fifty (150) feet, the required minimum road frontage of sixty (60) feet, and the required minimum land area of 43,560 square feet, as required in the AG-1 (Agricultural - ldu/ac), pursuant to LDC section 7.04.01 (Table 7-10 — Lot Size and Dimensional Requirements). Page 19 of 144 Board of Adjustment Staff Report Palmetto Flatts Variance (BA-9202025836) March 24, 2021 The proposed lots have between approximately 600-1,400-feet of road frontage. This is adequate to accommodate nine (9) individual lots; one lot with direct access off Orange Avenue, and the remaining eight (8) lots with access via a private driveway off Orange Avenue. The private roadway allows for eight (8) lots to have direct access to an internal street system, minimizing connections, and enabling safer ingress and egress. The proposed lot-9, having direct access on Orange Avenue, has approximately 840-feet of separation between driveways. Table 2: Lot Size and Dimensional Requirements Table 7-10 Lot Size and Dimensional Requirements Min. Min. Minimum Yard Max Zoning Min Lot Max Lot Side @ Lot Road Bldg. District Size (sf) Front Rear Side Coverage Width Frontage Corner Height AG-1 (Agricultural- 43,560 ft2 150 ft. 60 ft. 50 ft. 30 ft. 20 ft. 30 ft. 80 ft. 10% I du/ac) The St. Lucie County Fire District has reviewed the proposed Variance for compliance with Fire Code and NFPA (National Fire Protection Association) requirements and has certified that the long-term emergency access may be achieved for public health and safety. These safeguards include, but are not limited to, sufficient turnaround radii and minimum roadway pavement width. Per Fire Code, the minimum acceptable cul-de-sac radius is 50-feet to the edge of pavement and minimum roadway pavement width for two-way traffic shall be 20-feet. These standards will be reviewed through the development review process as the associated Minor Site Plan is evaluated. 3. The Variance requested is the minimum Variance that will make possible the reasonable use of the land, building, or structures. The requested Variance is not the minimum needed to make possible the reasonable use of land, building, and structures that would result in an unnecessary hardship for the property owner. The proposed roadway design bisects the property, running north and south, which may be needed to maximize the allowable density; however, is not necessary to make possible the reasonable use of the land. The Variance need is to facilitate a private roadway, to provide the minimum road frontage standards in LDC Section 7.04.01, to construct a nine (9) lot subdivision, maximizing density. Without the proposed Variance, a residential subdivision could be designed compliant with the Code requirements by improving a future street connection, to avoid a permanent dead-end, exploring a less intense development with fewer residential lots or similar alternate design. 4. The Variance desired will not be opposed to the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan. The Variance desired is opposed to the general spirit and intent of the St. Lucie County Land Development Code (LDC). The increased dead-end road length is in conflict with Section 7.05.02 of the St. Lucie County Land Development Code. Pursuant to Section 7.05.02, which states, "Permanent dead- end streets shall not exceed one thousand (1,000) feet in length. Cul-de-sacs shall be provided at the end of all dead-end roads or streets". Page 20 of 144 Board of Adjustment Staff Report Palmetto Flatts Variance (BA-9202025836) March 24, 2021 The proposed road width is not in conflict with Section 7.05.03, which states, "Local roadways with swale drainage shall have a minimum right-of-way width of 70-feet. The Variance is not in conflict with the following St. Lucie County Comprehensive Plan Policies: Policy 1.1.9.2 - All new subdivisions shall be designed so that all individual lots have direct access to the internal street system, and that any lot or property along the periphery of the development is to be buffered from any major roadway and incompatible land uses ". RECOMMENDATION: Staff has reviewed this petition and determined that it does not conform to the strict interpretation of the standards of review as set forth in St. Lucie County's Land Development Code Section 10.01.02. Staff is, therefore, recommending denial of the requested Variance. Page 21 of 144 Board of Adjustment Staff Report Palmetto Flatts Variance (BA-9202025836) March 24, 2021 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 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT APPROVE THE PETITION OF TINDALL HOLDINGS II LLC FOR A VARIANCE FROM THE PROVISIONS OF SECTION 7.05.02 - STREETS, OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO ALLOW A PERMANENT DEAD- END STREET TO EXCEED ONE -THOUSAND (1,000) FEET, 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 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT DENY THE PETITION OF TINDALL HOLDINGS II LLC FOR A VARIANCE FROM THE PROVISIONS OF SECTION 7.05.02 - STREETS, OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO ALLOW A PERMANENT DEAD-END STREET TO EXCEED ONE -THOUSAND (1,000) FEET, BECAUSE.... (CITE REASON WHY - PLEASE BE SPECIFIC). 7 Page 22 of 144 Planning &Development Services Department Planning Division 230OVirginia Avenue, Ft. Pierce, FL 34982 Office: 772'402-2823—Fax: 772'4O2-1G81 DEVELOPMENT APPLICATION A pre -application conference is recommended prior to main application submittal. Please contact the Planning Division to schedule an appointment. Submittal Tvve [check each that applies 4 Dovelopwnt Services SfP 0_ � ?O�O �`~° Site Plan Rezoning O Major Site Plan O Rezoning (straight rezoning) O Minor Site Plan O Rezoning (includes PUD/PNRO/PMU0) O Major Adjustment h>Major Site Plan O Rezoning with Plan Amendment O Major Adjustment to Minor Site Plan Comprehensive Plan Amendment4 O Major Adjustment hoPUD/PNRO/PMUO O Future Land Use Map Change O Minor Adjustment tVMajor Site Plan O Comprehensive Plan Text Amendment O Minor Adjustment ho Minor Site Plan O Minor Adjustment NPUO8PNRO/PK4UD Planned Development O Planned Town orVillage (PTV) U Planned Country Subdivision (PCS) O Planned Retail Workplace (PRVV) O Prelim. Planned Unit Develop. (PUU) O Prelim. Planned Mixed Use Develop. (PMUD) O Prelim. Planned Non-Res.Develop, (PNRD) O Final Planned Unit Develop. (PUD) O Final Planned Mixed Use Develop.(PMUO) O Final Planned Nnn-Res.Develop, (PNRO) Conditional Use I uj Conditional Use O Major Adjustment tooConditional Use Minor Adjustmenth/aConditional Use O Administrative Variance X Variance O Variance boCoastal Setback Line Other O Administrative Relief O Class AMobile Home o O Developer Agreement (Submit per LOC 11.08.03) O Power Generation Plants O Extension hoDevelopment Order El Historical Designation/Change v O Land Development Code Text Amendment r Plat O Post Development Order Change O Re -Submittal #" O Shoreline Variance O Stovvardshipa—Sending/Receiving O Telecom Tower (Submit per L007.1O.23) O Transfer nfDevelopment Rights u [] Waiver to LDC/Comp. Plan Requirements � Appeal ofDecision by Administrative C>Mkcim|'« [] Eminent DomainVVaiver/` Application Supplement Packanes Conditional Use G. Historical Designation/Change 10.Appeal ofDecision by Variance 7. LDC Text Amendment Administrative Official —. Rezoning /Znning Atlas Amend. 8. Re- Submittal 11. Eminent Domain Waiver 4. Comp. Plan Amendments 8. Waiver to LOCkComp. Plan 5. Class AMobile Home Requirements Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundablefew(s). Page 1of6 Revised May 0.2013 Page 23 of 144 FEE CALCULATIONVVORKSHEET SITE DEVELOPMENT PLANS Planning Division Application Type: \/ot�ance_ Su _ (Please provide separate fee calculation worksheet for each application type) O BASE REVIEW FEE: $9_0 (A) O CONCURRENCYFEE: s mm (B) O ERDREVIEW FEE: s N4\ (C) F., UTILITIES u PER ACREAGE CHARGE: SUBTOTAL OF BASIC FEES O PRE -APPLICATION MEETING FEE: (F) Receipt No. of Payment: N/A $ (D) N/A��(E) N/A $ _ $(__________)deduction Date ofPre App: BALANCE OF FEES DUE: $ SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 0G'O47;amending Chapter 5.11�01 ofthe St. Lucie County Land Development Code O $A5O.00—Methodology Meeting (H)(|fAppUcab|e) • Additional fees will be due if a 31d party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 31 party. • Please note: For all projects requiring public notice, you will be invoiced by St, Lucie County Planning Division. Refer to "Public Procedures". • Other fees may be applicable by other external reviewing agencies; i.e. Fire District and proof of payment will be required prior to project approval. Pre -Application Meetin, WRe t Wade Tindall (For office use only) INTAKE REVIEWER - SIGNATURE DATE VERIFIED BY - SIGNATURE DATE File #: Receipt #: Targeted Industry: Page 2ofG Revised March 15.2016 Page 24 of 144 Submittal Requirements The following m reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST he|n complete folded and collated sets. All applications must include the following: [] App|ication, cmnoplahad in black ink, with property owner ziAnabum(e) and notary seal (1 original and 11 copies) [] Aerial Photograph — property outlined (available from Property Appraiser's office [] Property Deed [] Legal description, inK4SWord format, nfsubject property ° [] Property Tax Map — property outlined (electronic copy not required) [] Sumey(24x30) [] 2CDs of all documents submitted - with files named according tVthe Required Naming List. (attauhed) [] ConourrencyDeferral Affidavit; or [] Description and analysis of the impact of the development on public facilities in accordance with the rnathmdo|og|aa acceptable to the Cnumh/ (LDC Section 5.08.02). This will require a Transportation Assessment orafull Traffic Impact Report, ifapplicable. Site Plan and Planned Development Applications must also include: [] Site P|an24^x3G" admscale of 1^=50' (12copies- folded, not rolled) O Boundary Survey (240G)—Signed and Sealed (12 originals) [] Topographic Survey (24x30)—Signed and Sealed (12originals) [] Landscape Plan — Signed and Sealed (12originals) [] Traffic Impact Report (T|R)(4copies) if: o 50+ residential units cx Development on N. mS. Hutchinson Island o Non-residential (see LDCSection 11.02.09(4)) [] Environmental Impact Report (4 copies) if:(8ee LDC Section 11.02.09(5)) o The property isten acres orgreater o The pnoperty, regardless pfsize, contains avwet|and; o The property isidentified onthe "Native Habitat Inventory for SLC^: o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain; o Development onN,or8.Hutchinson Island Development Order Extension Applications only require the following: [] Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02.06) L] Updated Traffic Analysis Uapplicable (4copies) L] Approved Resolution urGMOrder Final Plats only require CDs (follow specifications above) & 4 copies ofthe following: [] Main Application and back upmaterial [] Approved Site Plan and copy ofapproved Development Order [] Met - Include extra copies of P|m1 for applicable conditions of approval (3 Original KOy|ara Needed for Recording) *Please note: Only n eurveynr, attorney' or title agent is sudmhzad to provide m legal description. The legal description provided on the property appraise/mwebedo is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it may invalidate the results nfany Page 3ofG Revised March 15'2O18 Page 25 of 144 plenrang & 1)6,111101"Ot Project_ Information kkckl.' IV 'ED Project Name: Palmetto Flats (FKA Tindall Property) Site address: TBD — Orange Avenue, Fort Pierce, FL 34945 Parcel ID Nurrher(sY 2309-210-0000-000-9 t A- h A r1 %At -- I"r,%\ Legal Descrilplicn: k/nLLadh additiona: Sheets If necessary — also iinuat be Provided in IVIIJ V V ord lul I I ICIL U1 I �'") THE EAST 112 OF THE NORTHWEST 1/4 SECTION 9, TOWNSHIP 35 SOUTH, RANGE 39 EAST, LYING IN ST LUCIE COUNTY, FLORIDA TOGETHERVVITH A PARCEL OF LAND LYING OVER AND ACROSS A PORTION OF THE NORTHWEST 1/4 OF SECTION 9, TOWNSHIP 35 SOUTH, RANGE 39 FAST, ST LUCIE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGIN AT THE NORTH H 1f4 CORNER OF SAID SECTION 9, THENCE SOUTH 00*33'01'EAST, ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION I�A DISTANCE OF 40,00 FEET, THENCE NORTH 74'59'29'WEST, DEPARTING SAID EAST LINE, A WEST, DEPARTING SAID EAST LINE, A DISTANCE OF 155 70 FEET 0 THE NORTH LINE OF THE NORTHWEST IM OF SAID SECTION 9 AND THE SOUTH RIGHT OF WAY LINE OF NORTH ST LUCIE RIVER WATER CONTROL DISTRICT NORTH EMERGENCY RELIEF CANAL (A 130 FOOT RIGHT OF WAY), THENCE SOUTH 89-62'38- EAST, ALONG SAID LINE, A DISTANCE OF 150.00 FEET TO EAST, 9/35S/39 Property location — SectionfTownship/Range: Property size — acres:— 82.29-acre Square footage:_ 3,684,030 Future Land Use Designation: _ RE (Residential Estate) Zoning District: AGA (Agricultural I du/acre) Description of project: (Attach additional sheets if necessary) The applicant has submitted a Minor Site Plan application for a nine (9)-lot subdivision, and preliminary Plat. The applicant is proposing to construct a private road in order to serve as the required frontage for these properties. The 82.29-acre parcel is located on the north side of Orange Avenue, approximately 3,800 feet west of the Florida Turnpike in Fort Pierce. Type of construction (check all applicable boxes): 11 Commercial Total Square Footage: Existing El Industrial Total Square Footage: Existing IR Residential No, of residential units: Existing _ 0 No. of subdivided lots: Existing 0 El Other Please specify: Number and size of out parcels (if applicable): _ NA Page 4 of 6 Revised March 15, 2016 Proposed: wrorsfem- #I Proposed: 9 9 Prnnn.-,Pd- Page 26 of 144 SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission ofthis application does not constitute the granting ofapproval. All appropriate requirements must be met prior tothis project being presented for approval bothe appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicant Information (Property Developer): Agent Information: Giangrande Engineering Business Name: Business Narne: and Planning Name: Made Tindall Name: — Lpo rUangrandle PE Address: Address, 2081 SE Ocean Blvd St 1A Stuart Ft 349 if (Please use an address that can accept overnight (Please use an address that can accept overnight packages) packages) Phone: Phone: . 772.888.9076 Fax: Fax: NA Email: Email: Leo@GEP-LLC.com Please note: both applicant and agent will receive all official correspondence on this project. Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval, The property owner's signature below shall also serve as authorization for the above applicant oragent to act on behalf f said property owner. /z//// Wade Tindall P-perly Owner Signature Property Owner Name (Printed) ' If more than one owner, please submit additional ` pages STATE OF CQWNTYOF ~� The foregoing instrument was acknowledged before methis day ofAUG20_{_\J_____ by who iopersonally known homeorwho has produced as identification. Signature of Notary Type or Print Name of Notary Commission Number (Seal) Notary PuNic State of Fk�xida NNe K Ve4ardo 1; Page 27 of 144 Required Document Naming List All electronically Submitted documents must be formatted and named according to the list below. If your submittal includes a document not on the list, the document name shall clearly reflect the content of the submitted document. Document _Aerial Photograph Document Format PDF Required _qyurq.d Name on CD Aerial,pd " f lication Approval Order PDF PDF 4p roval(?rder,p Architectural Elevations PDF ArchElev.pdf-- - — -------- BoundaryI Topographic Survey PDF - Bounds ryTopo.pdf...____._______.___._ Drainage Stormwater Plan PDF Drains gePIn.pdf Easements PDF Easements.pdf Environmental Impact Report PDF or Word EIR.pdf or EIR.doc Existing Condition Plan PDF ExistingCono.pdf Flood Plain PDF or Word Flood.pdf or Flood. Doc Landscape Plan PDF Landscape.pdf Legal Description Word ito-1-d—OC Lighting Plan PDF Lighting.pdf Mitigation Plan PDF Mitigation.pdf Mobile Home Plans Pavingflan PDF or Word PDF MobileHome. df or MobileHome.doc Pavirlgpdf Permit (External) PDF Permit.pdf Plat PDF Plat.pdf or Plat.doc Property_ Deed PDF --- ..-Deed. df Site Plan PDF SitePlan.pdf Traffic Drt PDF or Word --TIR.Pdf or TIR.doc Tree Survey PDF Treepdf Turtle Protection Plan PDF or Word PDF Turtle.pdf or Turtle.dOG ­ - ------- - - Utiliity.pdf Vegetation Removal Application PDF LN�ietation. pdf Page 6 of 6 Revised March 15, 2016 Page 28 of 144 Supplement 2 Refer to St Lucie County Land Development Code (LDC) Section 10.01.00 for details I (we) do hereby petition the St. Lucie County Board of Adjustment for the following 1, Varicinr-a frnm tha 1 r1ir. lqfnfa fha %/nrinnt-a cniinhf and tha car-fir%n frnm tha i nr. from which the variance is requested PUll'SUant to LDC Section 7.05.02, perrnanent dead-end streets shall not exceed one thousand (1,000) feet in length, Furthermore, cui-de-sacs shall be provided at the end of all dead end roads or streets. All uNe-gGs shall have �.ininiurT-ii,,ri,�ilit��of-,.wa�diamhtiv; of nof; t�;f feet P F ()f ia P A v��,00 Vilka, is nurnok nrnnn vq neq n P An P i 64=n of 2. the subject property if the variance is granted: Subdivision is serviced by a single access road that exceeds the 1000 lirrear feet. A cukde-sac with 100 foot diameter has been provided 04-444— 3. —.— — .— Y 'The 82 plus acres has been "j'X 11 d i i aci'(�f " (�, Z �', �)'� ro;� t�,;t7e, , ttaecode allowable 0.5 acre lots. The elongated of the property along wid"i the existing wetlands make a looped road system too impactful iri maxii,nizing the preservation, OWM [UdbUllb Wily it mMitm b iidiubp ib uinquu to u uwiiui iu Wily uujui piupwty 4. * " , . I . !i ituated goes riot su%g JrTrT rl:ri in, rd e pe �10 .I e Tflffplus acres ias been su M 0 , pfiN he code allowable 0.5 acre lots. The elongated of the property along with the existing wetlands make a looped road system too irnpactful in maximizlng the preservation. ...tom... At- -A L. r!C )US A- -IL--- JLCILIV lUtIbUllb Wily 1.111b VC1llC1ll1,V Will IlUt UIV 111JU I LU Uuml plvpvlty clifulu improvements in the neighborhood in which the subject property is located. The Palmetto Flats subdivision provides gl,Leater buffer preservation to the surrounding neig[)bors, Urniting clearing on Orange Avel'We is an irnprovernent to the neighbors 6. State reasons why this variance will not increase trattic, the danger or Tire, or impair nrnnprtv vnh ip.q in tha nPinhhnrhnnd in which tha -,i ihiprt nronp.rtv is lnnntp-ri Fire protection is, being rnet with the 100 foot radius cul-cle-sac at the end of the dead end access driveway. Lot size with developed houses should be a benefit to .4e surr( wm(lkw pro owner t,qtp W V l. 19 ar P 1. minimijm variance that will make no...%ilhip a 7. reasonable use of the land, building and structures. This variance is only required due to the depth of the property, The property is only bordered on orle side by a road therefor inaking a second connection not practical in preserving the existing vegetation, 8. Explain how this proposed variance is consistent with the general spirit of the LDC and the St. Lucie County Comprehensive Plan.'"he access driveway is consistent wM,r the spirit of LDC and St LUCie COUrIty Co�nprehensive Plan by conseiv4ig the open space arid exishng native vegetation while conrplying with fire protection and access regulations The proposed subdivision of 9 lots does not require the aftfional internal roadway systerns that wori[d lend itself to as second connection to orange avenue. The site is bordered by adjacent properties and a 9. f§,aihis variance request located within a Homeowners or Property Owners Association? YES X NO If yes, then letter is required For any variance request within an area that has a Homeowners or Property Owners Association, a letter from that Association is required stating their position regarding the variance request Page 29 of 144 10. Name of Association 11. Is there a letter from that association attached? YES X NO Please attach a diagram of the property showing the dimensions of the lot and all other dimensions necessary to understand this application. Per LDC Section 10.01.04(A). (7) If the variance is sought to erect or increase the height of any structure, to permit the growth of any tree, or to use property in the Airport Zones established in Section 4.00.00, the application shall be accompanied by a written determination from the Federal Aviation Administration (FAA Form 7460) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Except for non-residential accessory structures in AG-1, AG-2.5 and AG-5, if the application is for 100% variance from the road frontage requirements, proof of recorded legal access shall be furnished with the application. I (we) have reviewed LDC Section 10.01.00, including the questions to be answered by the applicant for a variance and will be prepared to answer these questions at the public hearing. Wade T4idall (Ap licant Name) swear (or affirm) that the "p information and facts sta r n is true and correct./ Applicant SignatL Date:Z�Z�.; 2- STATE OF_j�_ jC 4 COUNTY OF The foregoing instrument was acknowledged before me this _day of ,20 by whom is personally known to me or who has produced as identification. Signature of Notary Type or Print Name of Notary Commission Number (Seal) z , I jef L NotarY public State of F"a Nike K veiardo Expi rot 11/1 TM23 My Commission GG 926226 Page 30 of 144 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT — SAINT LUCIE COUNTY FILE # 4236405 OR BOOK 3919 PAGE 2630, Recorded 10/10/2016 11:48:56 AM Doc Tax: $1790.60 This Instrument Prepared by: Jennifer A. Powers, Esq. Address: Jennifer A. Powers, PA 2202 N. West Shore Blvd. Suite 200 Tampa, Florida 33607 Property Appraisers Parcel I.D. (Folio) INumbers(s): 230921000000009 Grantee(s) S.S.##(s): SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA This Warranty Deed is made and effective this 31s' day of August, 2016, by ENVIRONMENTAL LAND DEVELOPMENT, INC., a Florida corporation, having an address of 201 Campbell Road, Fort Pierce, Florida 34945 ("Grantor") to and in favor of TINDALL HOLDINGS II, LLC, a Florida limited liability ("Grantee"): Witnesseth: That the Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, remise, release, convey and confirm unto Grantee, all of Grantor's right, title and interest in that certain land situate in St. Lucie County, Florida, as more legally on EXHIBIT A attached hereto and incorporated herein by reference. SUBJECT TO: Covenants, easements, restrictions and other matters appearing of record; all applicable zoning ordinances, and real property taxes for the year 2016 and subsequent years. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantors hereby covenant with said grantees that the grantors are lawfully seised of said land in fee simple; that the grantors have good right and lawful authority to sell and convey said land; that the grantors hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said Iand is free of all encumbrances, except taxes accruing subsequent to December 31, 2016. FLORIDA DOCUMENTARY STAMP TRANSFER TAX IN THE AMOUNT OF $1,790.14 ARE BEING PAID UPON RECORDATION OF THIS WARRANTY DEED IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. 3.01.03 — Zoning Districts A. AG-1 AGRICULTURAL -1 1. Purpose. The purpose of this district is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of one (1) dwelling unit per gross acre. The number in "( )" following each identified use corresponds to the SIC Code reference described in Section 3..,�D1- 2(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in._Sectiion.._2...00..00 of this Code. 2. Permitted Uses. a. Agricultural production - crops. (01) b. Agricultural production - livestock and animal specialties. (02) c. Agricultural services. (07) d. Family day care homes. (999) e. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) f. Fishing, hunting and trapping. (09) g. Forestry. (08) h. Kennels. (0752) i. Research facilities, non-commercial. (8733) j. Riding stables. (7999) k. Single-family detached dwellings. (999) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Table 1 in,._Sgctu .D. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Table 1 in Section 7„04„00. ......................................................................... 5. Off -Street Parking and Loading Requirements. Off-street parking and loading requirements are subject to S.e .tii_.on_..7... 6.. Q. Page 32 of 144 6. Landscaping Requirements. Landscaping requirements are subject to,._S _gtii.on...aa 9..,O.Q. 7. Conditional Uses. a. Agricultural labor housing. (999) b. Aircraft storage and equipment maintenance. (4581) c. Airports and flying, landing, and takeoff fields. (4581) d. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) e. Farm products warehousing and storage. (4221/4222) f. Gasoline service stations. (5541) g. Industrial wastewater disposal. (999) h. Manufacturing: i. Agricultural chemicals. (287) ii. Food and kindred products. (20) iii. Lumber and wood products, except furniture. (24) i. Mining and quarrying of nonmetallic minerals, except fuels. (14) j. Retail trade: i. Farm equipment and related accessories. (999) ii. Apparel and accessory stores. (56) k. Sewage disposal subject to the requirements of S c.tp.on 7....1.0o1.... (999) I. Telecommunication towers - subject to the standards of Sg 1!9..n..7 19..�3. (999) m. Camps - sporting and recreational. (7032) n. Solar generation station subject to the requirements of,_Sec.tion._7_1.0..28. (999) 8. Accessory Uses. Accessory uses are subject to the requirements of,_Se_c.tion.._ ..,0.0.,.00, and include the following: a. Mobile homes subject to the requirements ofSe..tiig.n..:7I. .,_.0.5. b. Retail trade and wholesale trade - subordinate to the primary authorized use or activity. c. Guest house subject to the requirements of S..e.. tJ n.._7...,.1.....OA... (999) d. Solar energy system subject to the requirements of S..e.c.1ton....l.,_�_:.,. _ . (999) Page 33 of 144 7.05.02. - Streets. A. Generally. Except as otherwise provided in this code, if existing roads or streets are located in adjoining subdivisions, the roads or streets on the new plat shall be so located as to provide an extension and continuation of the existing rights -of -way. All public rights -of -way shall terminate at a property line to provide for their extension to adjacent properties. In a rectangular block layout, all roads and streets should be centered on section lines or the standard subdivision lines of the section, unless otherwise determined inappropriate due to specific site conditions. In curvilinear patterns, the roads or streets shall be located, with respect to the property boundaries, so as to provide a continuity of traffic flow across the property, and such streets shall begin and terminate at street intersections wherever the same are existing. All roads and streets shall be planned in conformity with the Transportation Element of the St. Lucie County Comprehensive Plan. 5. All roads and streets shall intersect at an approximate 5° angle of ninety (90) degrees unless circumstances acceptable to St. Lucie County indicate a need for a lesser angle of intersection. The intersection of any two (2) local roads or streets with a Major Collector or Arterial Roadway shall be separated by a minimum distance of six hundred sixty 660) feet, as measured from centerline to centerline. The right-of-way width shall be increased by at least ten (10) feet on each side of any arterial or major collector road or street for a minimum distance of two hundred (200) feet from its intersection with another arterial or major collector road or street, to permit proper intersection design. Street jogs or centerline offsets between any local street or road with another local street or road, shall be no less than one hundred fifty (150) feet. Permanent dead-end streets shall not exceed one thousand (1,000) feet in length. Cul-de-sacs shall be provided at the end of all dead end roads or streets. The length of a dead-end street shall be measured along the centerline of the street from its point of perpendicular intersection with the centerline of the intersecting street to the end of the dead-end street or roadway. All cul-de-sacs shall have a minimum right-of-way diameter of one hundred (100) feet. If a dead end street is temporary in nature then a temporary cul-de-sac shall be required until the roadway is connected to another street or road. In the center of the cul-de-sac an unpaved island, surrounded by a curb, improved with grass and landscaping that will not interfere with sight distance, may be provided. Center islands shall have a diameter of not less than seventeen (17) feet. 10. All new construction for any arterial or collector street or roadway within the Urban Service Area shall be provided with sidewalks and bicycle paths along one (1) or both sides, as determined by the County Engineer. The County Engineer shall consult the Bicycle/Pedestrian Coordinator, the St. Lucie Metropolitan Planning Organization Bicycle and Pedestrian Plan or other adopted Bicycle and Pedestrian Plan in determining the location of any sidewalk and bicycle facilities. 11. Except as otherwise may be provided in this Code, all arterial and major collector street and roadways shall have a minimum travel lane width of twelve (12) feet. In those instances where an open swale drainage system is utilized, five (5) feet of the required shoulder area shall be paved where practical. 12. All arterial, collector and local streets or roadways, public or private, shall be marked and signed in accordance with Florida Department of Transportation standards. Page 34 of 144 13. Median strips which are part of a dedicated or deeded public right-of-way shall not be utilized for any purpose other than by the County or authorized utility. The placement of any median landscaping shall be in accordance with Florida Department of Transportation specifications. 14. All roadways, exclusive of interior parking and access aisle areas, regardless of ownership, shall be located a minimum of ten (10) feet from any exterior building wall, except for security gate houses or similar security structures located in a private street or road right-of-way. Page 35 of 144 7.04.00. - AREA, YARD, HEIGHT, AND OPEN SPACE REQUIREMENTS 7.04.01. - Requirements. A. Density, Height, and Lot Coverage - General. Except as modified by the provisions for conditional uses or variances, no structure shall be constructed, built, moved, remodeled, reconstructed, occupied, or used on a lot that is greater than the maximum density, the maximum height, or the maximum lot coverage requirement shown in Table 7-10 for the Zoning District in which it is located. B. Area, Width, and Yard Requirements - General. Except as modified by the provisions for conditional uses or variances, no structure shall be constructed, built, moved, remodeled, reconstructed, occupied, or used on a lot that is less than the minimum lot area, minimum lot width, and minimum yard requirement as shown in Table 7-10 for the zoning district in which it is located, except that unsupported roof overhangs may encroach up to thirty (30) inches within any required yard setback area. This provision does not supersede the restrictions of Section 7.10.16(Q)(1)(a) of this Code. C. Minimum Building/Structure Elevation. 1. The minimum first floor elevation of all residential buildings shall be as follows: a. For properties lying within a designated Special Flood Hazard Area where the base flood elevation has been determined, as further defined under Chapter II of this Code, all buildings shall be elevated a minimum of eighteen (18) inches above the crown of the adjacent roadway or shall comply with the minimum flood elevation for the property as established on the Flood Hazard Boundary Map for St. Lucie County, whichever is greater. b. For properties lying within a designated Special Flood Hazard Area for which the base flood elevation has not been determined, all buildings shall be elevated as follows: 1. A minimum of thirty-six (36) inches above the adjacent average natural grade, or eighteen (18) inches above the crown of any adjacent roadway, whichever is greater; or 2. As determined by a sub -basin drainage study for the proposed development meeting the requirements of a stormwater permit as set forth in Chapter VII. c. For properties lying outside of a Special Flood Hazard Area, as further defined under Chapter II of this Code, all buildings shall be elevated a minimum of eighteen (18) inches above any adjacent roadway. 2. Habitable/non-residential buildings shall comply with the following standards: a. For properties lying within a designated Special Flood Hazard Area where the base flood elevation has been determined, as further defined under Chapter II of this Code, all buildings shall be elevated a minimum of eighteen (18) inches above the crown of the adjacent roadway or shall comply with the minimum flood elevation for the property as established on the Flood Hazard Boundary Map for St. Lucie County, whichever is greater. b. For properties lying within a designated Special Flood Hazard Area for which the base flood elevation has not been determined, all buildings shall be elevated as follows: 1. A minimum of thirty-six (36) inches above the adjacent average natural grade, or eighteen (18) inches above the crown of any adjacent roadway, whichever is greater; or 2. As determined by a sub -basin drainage study for the proposed development meeting the requirements of a stormwater permit as set forth in Chapter VII. c. For properties lying outside of a Special Flood Hazard Area, as further defined under Chapter II of this Code, all buildings shall be elevated a minimum of eighteen (18) inches above any adjacent roadway. Page 36 of 144 3. When topographical conditions are such that compliance with this subsection would be impracticable or cause grade level conditions detrimental to adjacent or nearby property, the Growth Management Director shall grant relief from the provisions of this subsection, consistent with Flood Protection regulations. 4. For non-habitable/non-residential structures, when topographical conditions are such that compliance with this subsection would be impracticable or cause grade level conditions detrimental to adjacent or nearby property, the Growth Management Director may grant relief from the provisions of this Code, consistent with the intent of the Flood Protection regulations and any other applicable portion of this Code. D. Filled Land. 1. Any filled land created in the unincorporated area of St. Lucie County shall be filled so that the settled elevation of such land shall be at least five (5) feet above mean sea level (MSL), as measured by U.S.C. and G.S. Datum. 2. No trees, vegetation, organic materials, or garbage shall be used as fill material in the unincorporated area of St. Lucie County for the purpose of raising the existing grade of any land on which construction is intended. The disposal of all trees, vegetation, organic material, and garbage shall be in accordance with applicable St. Lucie County Regulations. 3. Where fill is used, the owners of the property on which the fill is being located, shall be responsible for assuring adequate drainage so that the immediate community will not be adversely effected. E. Non -Residential Buildings on Farms. Any person erecting a nonresidential farm building on a farm shall be required to obtain a Certificate of Zoning Compliance prior to construction showing that the structure meets the setback requirements shown in Table 7-10 for the zoning district in which it is located. TABLE 7-10 LOT SIZE AND DIMENSIONAL REQUIREMENTS Maximu Minimum Yard Max. Minimu Zonin m Minimu Minimu Lot m g Gross m m Side Max. Covera Road Distri Density Lot Size Lot @ Hht. ge by Frontag Front Rear Side ct (Du/Ac) (sf) Width corne Buildin e (a) r gs AGRICULTUR AR-1 AL 1 43,560 150 30 50 30 20 30 35 20% RESIDENTIAL RESIDENTIAL, RE-1 1 43,560 150 30 50 30(g) 20 30 35 20% ESTATE - 1 RE-2 RESIDENTIAL, 2 17,500 100 100 25(I) 15(I) 10(I) 20(I) 35 20% ESTATE - 2 Page 37 of 144 RESIDENTIAL, .......................................... ........................................... 15(g)( RS-2 SINGLE- 2 15,000 100 30 25(l) 10(l) 20(l) 35 20% FAMILY - 2 RESIDENTIAL, .......................................... ........................................... 15(g)( RS-3 SINGLE- 3 10,000 75 30 25(l) 10(l) 20(l) 35 30% FAMILY - 3 15(g)( 10,000 75 30 25(l) 7.5(l) 20(l) 35 30% RESIDENTIAL, RS-4 SINGLE- 4 FAMILY - 4 15(g)( 8,000(f) 75 30 25(l) 7.5(l) 20(l) 35 30% RESIDENTIAL, .......................................... ........................................... RMH- MOBILE 5 10,000 75 30 25(l) 15(l) 10(l) 20(l) 35 35% 5 HOME - 5 ............................................................................................ RESIDENTIAL, ........................................................ ........................................................ ........................................................ ........................................... . ........................................... 25(b) 15(b) 10(b) 20(b) 35(b, RM-5 MULTIPLE 5 10,000 100 60 40% FAMILY - 5 15 SINGLE- 10,000 75 30 25(l)1)g)( 7.5(l) 20(l) 35 3 % 0 FAMILY DEVELOPME ........................................... ....................................... ........................... 15(g)( NT LOT 8,000(f) 75 30 25(l) 7.5(l) 20(l) 35 30% RESIDENTIAL, .......................................... ........................................... 25(b) 15(b) 10(b) 20(b) 35(b, RM-7 MULTIPLE 7 10,000 100 60 40% FAMILY - 7 i) 15(g)( .......................................... ........................................... SINGLE- 10,000 75 30 25(l) 7.5(l) 20(l) 35 3 % 0 FAMILY DEVELOPME ........................................... ....................................... ........................... 15(g)( NT LOT 8,000(f) 75 30 25(l) 7.5(l) 20(l) 35 30% RM -9 RESIDENTIAL, 9 10,000 100 60 25(b) 15(b) .......................................... 10(b) ........................................... 20(b) 35(b, 40% MULTIPLE Page 38 of 144 ........... FAMILY 9 ................................................ 5(8)( .......................................... ........................................... 10,000 75 30 25(l) 7.5(l) 20(l) 35 30% SINGLE-FAMILY DEVELOPMENT LOT 15(g)( 8,000(f) 75 30 25(l) 7.5(l) 20(l) 35 30% RESIDENTIAL, .......................................... ........................................... RM- 25(b) 15(b) 10(b) 20(b) 35(b, MULTIPLE 11 10,000 100 60 40% 11 FAMILY - 11 15(g)( 10,000 75 30 25(l) I 7.5(l) 20(l) 35 30% SINGLE-FAMILY DEVELOPMENT LOT 15(g)(I 8,000(f) 75 30 25(l) 7.5(l) 20(l) 35 30% RESIDENTIAL, .......................................... ........................................... RM- 25(b) 15(b) 10(b) 20(b) 35(b, MULTIPLE 15 10,000 100 60 40% 15 i) FAMILY - 15 15(g)( .......................................... ........................................... 10,000 75 30 25(l) 7.5(l) 20(l) 35 30% 0 SINGLE-FAMILY DEVELOPMENT LOT 15(g)( 8,000(f) 75 30 25(l) 7.5(l) 20(l) 35 30% COMMERCIA .......................................... ........................................... L CN 10,000 75 60 25 20 10 20 35 50% NEIGHBORH OOD COMMERCIA .......................................... ........................................... CO 10,000 75 60 25 20 10 20 35 50% L OFFICE ............................................................................................ COMMERCIA ........................................................ ........................................................ ........................................................ ........................................... . ........................................... 60(b, ........................... CG (d) 20,000 100 60 25(b) 20(b) 10(b) 20(b) 50% LGE GENERAL i) CR .............. ............. ............ COMMERCIA ...................... ........... .... ................... 217,800 100 60 25(b) 20(b) 10 20(b 60(b , 30% Page 39 of 144 L RESORT i) INDUSTRIAL .......................................... ........................................... I L 20,000 100 60 25 20 10 20 50(i) 50% LIGHT INDUSTRIAL I H 43,560 200 60 50 40 30 50 80(i) 50% HEAVY INDUSTRIAL .......................................... ........................................... Ix 435,600 (c) (c) (c) (c) (c) (c) (c) EXTRACTION U UTILITIES 43,560 200 60 40 30 20 20 40 30% AGRICULTUR .......................................... ........................................... AG-1 1 43,560 150 60 50 30 20 30 80(i) 10% (j AL- 1 AG- AGRICULTUR .4 108,900 150 60 50 30 20 30 80(i) 15% (j) 2.5 AL - 2.5 AGRICULTUR .......................................... ........................................... AG-5 .2 217,800 150 60 50 30 20 30 80(i) 10% AL-5 RESIDENTIAL/ .......................................... ........................................... R/C CONSERVATI .2 217,800 150 60 50 30 20 30 80(i) 2% ON CONSERVATI .......................................... ........................................... Cpub (k) (k) (k) 50 30 20 30 (k) (k) ON - Public INSTITUTION 40(e, 1 20,000 100 60 25 20 20 20 30% AL i) RELIGIOUS .......................................... ........................................... R F 20,000 100 60 25 20 20 20 40(i) 30% FACILITIES ............................................................................................ PLANNED ............................................................................................................................................................................................................................................................................................................................................................................................... ............................. UNIT PUD SEE SECTION 7.01.03 DEVELOPME NT Page 40 of 144 NOTES: (a) Expressed as dwellings/per acre. (b) For three (3) or more dwelling units, motel, or hotel uses, use the building spacing formula identified in Section 7.04.03. (c) For Industrial extraction uses, refer to Mining Regulations, Section 6.06.00. (d) Maximum net density of thirty-six (36) guest units/acre, except for North and South Hutchinson Island. For hotel/motel development density on North and South Hutchinson Island refer to Policy 1.1.10.2 of the St. Lucie County Comprehensive Plan. (e) All structures in excess of forty (40) feet shall comply with the provision of Section 7.04.03. (f) With central water. (g) For enclosed storage structures, greenhouses, child's playhouse and gazebos, this dimension may be reduced to five (5) feet. (h) Ten thousand (10,000) square foot lots permitted when use limitations consistent with the CN and CO zoning districts (see Section 3.01.03(Q) and (R). (i) For any development activity on Hutchinson Island, refer to Section 4.01.00, Hutchinson Island - Building Height Overlay Zone. (j) For aquaculture production activities, the maximum percentage of lot coverage by building is fifty percent (50%). All buildings are subject to meeting the applicable stormwater management standards and requirements of this code. For the purpose of this section, aquaculture means the cultivation of aquatic organism and aqua cultural products as defined in F.S. Ch. 597.0015. (k) There shall be no minimum lot size required for the Cpub zoning district, however the minimum yard setback for any structures erected on any site zoned Cpub shall be as identified. Page 41 of 144 (1) For accessible handicap ramps the required yard setback may be reduced to fifty percent (50%) of the minimum setback requirement. The accessible handicap ramp permitted under this amendment shall not have a roof or be enclosed and shall not provide for a deck or landing larger than is necessary to be in compliance with the Florida Accessibility Code for Building Construction. A Physician's Certification Form and proper Building Permit Application documentation is required. (m) Maximum hotel/motel density of thirty-six (36) guest units/acre. For hotel/motel projects containing condominium hotel units (as defined in the Land Development Code) the total number of hotel/motel units of any kind (including condominium hotel units) may not exceed 36 units per acre. (Ord. No. 08-025, Pt. A, 9-16-2008; Ord. No. 15-002, Pt. A, 4-7-2015 ; Ord. No. 2016-23 , Pt. A, 11-1- 2016) Page 42 of 144 Palmetto Flatts Variance Maps BA - 9202025836 41 Florida Turnpike -E to ------------ c.---------------- ---------------------------------- ----------------- - gleRd 1-An ----------------- ..... ................. ------------------------------------------------------------------ - ------------------ ---------------- S u b i e C t Property Orange Ave r7 I 4) X d Legend okeec ob Subject Parcel Page 43 of 144 Palmetto Flatts - Variance BA - 9202025836 Zoning '2 � PUD AG-5 A!� RELUEP_-C7ANA:C.RD AR-1 Ilium Q>r LL U7-------- AG-2.5 w AG-1 AG-1 o$AM GE;AVEaj]IFIn CN 'AG-2.5 AG-2 5 F. : J w................... wwg AG-1 AR-1 AR-1 A -1 AG-1 --- ---- -.-. -, da M . ....... I U;A:;*L'3 .-..-...: ..-....._ Cy .... Caaubject Parcel CN, Commercial Neighborhood AG-5,AgriCultural, 1 dul5 ac AG-2.5,Agricultural, 1 du12.5 ac WM 1, Institutional PUD, Planned Unit Development 0 500 1„000 1,500 2,000 Feet AG-1,AgriCLlltural, 1 c lJec 0, Utilities Aerlaldate 2018 IIIIIIIIIIIIIIAR-1, Agricultural Residential„ 1 dulac Map prepared on March 5, 2021 Page 44 of 144 Palmetto Flatts - Variance BA -9202025836 Future Land Use AG-5 IRS REI:IEF-CWNACR RE 0or Ce YT' RU R U 11 7h Ir TM --AG-2.5 ~n RE RE E R U— Q W —0— LU IZ L ILL M ---------- AG-2.5 ORANGE — RE = Lu— RE---- 2 RE LIU, C3 — 0 RE — 0 a Co Subject Parcel RE, Residential Estate, I dufac 0 500 1,000 1,500 2,000 AG 5, Agricultural, 1 du15 ac RS, Residential Suburban, 2 duJac Feet AG-2.5, Agricultural, 1 du12-5 ac RU, Residential Urban, 5 duIac Aerialdate 2018 Map prepared on March 5, 2021 Palmetto Flatts - Variance BA -9202025836 Owners Mailout a RE I -I EV CANAL. RDL— Or tOG z ORAN I ri G E.-AV O.. .......... J, it L it it it Ck W —2 W— �Sub"ectp-rcel 1' , 2000 3 ')'500 foot Bu 9, r 0 1,000 ,000 J Feet Parcels within 50011 Buffer Map Prepared On March 5, 2021 Page 45 of 144 Public Hearing Date: Wednesday, March 24, 2021 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL. 34982 Meeting Time: 9:30 AM (or soon thereafter) Applicant/Property Owner: Tindall Holdings II LLC 201 Campbell RD Fort Pierce, FL 34945 Agent. Leo Giangrande, PE Giangrande Engineering & Planning 2081 SE Ocean Boulevard Suite 1A Stuart, FL 34994 Parcel ID: 2309-210-0000-000-9 Proiect Location: 11652 Orange Avenue Fort Pierce FL 34945 Future Land Use: RE (Residential , Estate) Existinq Zoning: AG-1 (Agricultural - lduiac) Staff's Recommendation: Denial of the requested variance. Public Hearing Notice Notice of Proposed Variance Request Palmetto Flatts - Variance BA - 9202025836 Aerial raraei: - ect.an 0 56© 1,000 1,5410 Aerial daEe. 2018 � 500 fact Notitica£an Buffer Feet Marl Prep—d On MafCh 5, 2021 v You are receiving this notice because you are a property owner within 500 feet of the proposed petition. Proiect Description The petitioner has requested a Variance from the provisions of Section 7.05.02 (Streets) of the St. Lucie County Land Development Code to allow a permanent dead-end street to exceed one thousand (1,000) feet in length. This request is to allow a 2,972 linear foot dead-end street with a cul-de-sac as access for a pro- posed nine (9) lot subdivision, to be known as Palmetto Flatts, within the AG- 1 (Agricultural - 1 du/ac) Zoning District. The St. Lucie County Board of Adjust- ment (BOA) has the power to authorize variances from the dimensional require- ments in accordance with the provisions of Section 10.01.00, of the St. Lucie County Land Development Code. All interested persons will be given an opportunity to be heard. The public will be able to physically attend this meeting, but seating in the Chambers will be regu- lated to comply with social distancing protocols. Members of the public that do attend in person are encouraged to wear masks or similar devices, which cover the nose and mouth. You can contact Kris McCrain, Project Manager, via phone or email as an alternative to mak- ing public comments in person. Public comment for upcoming meetings can be submitted several ways: Email: IMcCiraiinlK@stau.icieco„oirg or Email: IPulbliiecomirneirit(C stiuAciieco„org Residents without access to the internet can comment by phone at (772) 462- 1687 and TDD (telecommunications device for the deaf) number at (772) 462 -1428. Written comments to the Board of Adjustment should be received by the Planning and Development Services Department - Planning Division by noon prior to the scheduled hearing. Anyone with a disability requiring ac- commodations to attend this meeting may contact the SLC Community Risk Manager at least 48 hours in advance at (772) 462-1546 or TDD (772) 462- 1428 Further details are available in the Planning and Development Services Department —Planning Division please contact: Staff Kristopher McCrain Tel (772) 462-1265 Email McCrainIK@stIluciieco.org Date Mailed March 12, 2021 Page 46 of 144 U PLANNING AND DEVELOPMENT SERVICES DEPARTMENT Planning Division Please Return This Form To: St. Lucie County Planning & Dev. Serv. Dept. -Planning Div. ATTN: Kristopher McCrain, Project Manager 2300 Virginia Avenue, Ft. Pierce, FL 34982 Email: McCrainK@stlucieco.org Fax: (772) 462-1265 PROPOSED REQUESTED VARIANCE: Petition of Tindall Holdings II LLC, for a Variance from the provisions of Section 7.05.02 (Streets) of Project the St. Lucie County Land Development Code to allow a permanent Description: dead-end street to exceed one thousand (1,000) feet in length. This request is to allow a 2,972 linear foot dead-end street, with a cul-de-sac, as access for a proposed nine (9) lot subdivision to be known as Palmetto Flatts. Project Location: 3,000 feet west of FFA Road on North Side of Orange Avenue, Fort Pierce, FL 34945 Current Zoning: III AG-1 (Agricultural — 1) File No.: IIII BA - 9202025836 If you wish to comment, please check only one of the three following statements and return no later than Monday, March 22, 2021. Forms returned without a name and address will not be considered. All returned forms are a matter of public record and are available for viewing upon request. Please attach additional pages with comments, if necessary. I AM IN FAVOR OF THE REQUESTED VARIANCE I AM NOT IN FAVOR OF THE REQUESTED VARIANCE I HAVE NO OPINION ABOUT THE REQUESTED VARIANCE I certify that as of the date written below, I am a property owner within 500 feet of the requested Variance. Name (Please Print): Address: Date: Signature: Please call, Kristopher McCrain, Project Manager at (772) 462-1265 if you have any questions. Page 47 of 144 AY, MARCH 12,2021 1 ISA ST LUCIE, COUNrY BOARD OF AOJUS I VENT PUBLIC HEARING AGENOA Wednesday, March 24,2021 NOTICE OF PROPOSED VARIANCE REQUEST Notice Is heret Iven In accordance with Section 1 11.00.0'Uthe St, Lucie County Land Development Code and the Provisions of the St. Lucie County Comprehensive Plan that the following request will be considered by the St Lucie County Board of Adjustment: PURPOSE: Petition of Tindall holdings 11 LLC, for a Variance from tire provisions of St. Lucle Coull, Lind Development Code Section 705 2 - Streets, to allow a permanent dead-end street to exceed one -thousand (1,000) feet In length This request seeks to allow a 2,972 Inear foot dead-end street with a cul-de-sac to serve a $)reposed none ?) lot subdivision, ''hon, to be known as Palmetto NILS, within the AG-1 (Agricultural —,I) Zoning District. LOCATIOW 3,000 feet west of FEA [load on North Side of Orange Avenue, Fort Pierce, FL 34945 PARCEL LA: 2369-210-I)009-000-9 FILE NUMBER: BA -9202025836 no-- _rr e led as andfriounkli skleirtsar"'6mir�nr- shoot CMD-19 or have health concerns, lease refrain From coming to public meetings In person contact , Kristopher Me ers11101 10, irn Mang': via phone driumail as an to or a I ng p nor hu comments In person, Public comment for Up0bling meetings can he submitted several ways: • Failed it McGralnKgsdan' Mr% • �rnail at pubdi01g; or Residents withoutt ;Inter/rat access an comment " an ent by phone 68 1 and TDO (to de 'I's Ic r the do, at 462.1 428 Written comments to the Board of Adlitisticent shordd be r'efved toy the I no and Development, , Servicr�s Department Planning Division by noon on the day for' to the scheduled hear4w, Comments willbedistributed to the Bear( in advance of the I VY P1101u, W111 W V1111u, Irayed it the Board creating or transcribed written forol provided that the comments duum uq5 The St, Lucie County Board of Adjustment has the power to authorize variances from the dimensional requirements of the St, Lucie County Land Development Code, in accordance with the Provisions of Section 10.01.00, of the St. Lucie County Land Development Code, I I The inrocriedinas of the Board of AdIustment Board of ulurdment with lcipect ly "" to any matter cons! ered at a rneefin or hearing; he or she will need a record ol'the Inri'rc�, jugs. Forsuchpurpose, hoorsho may I need to ensure that a vegbatim record of the from time to time to a (late cartann, Anyone with a crsabjlit� requiring accommodations to attend this meNj��l Cl should contact the St. Lucie Gounly Risk Manager at least hnfl.eight (48) hours prior to the needing a 2) 462-1546 or TD,0. (772) 462-1428, BOARD OF ADJUSTMENT ST. LUCAE coum, FLORIDA /S/ ROBERT LOWE, CHAIRMAN PUBLISH DATE: Friday, March 12, 2021 semices MAR 12 2021 107- Page 48 of 144 Palmetto Flatts Variance BA-9202025836 Posted Sign Pictures Page 49 of 144 Page 50 of 144 � �1 11�0 0 �Z# � COUNTY OF ST. LUCIE Planning Divi,,ion COMPLIANCE WITH POSTING OF NOTICE REQUIREMENTS - SIGN AFFIDAVIT 1 being first duly sworn deposes and states: C � - 1. 1 am the owner or the agent for the project known as Palmetto Flatts Variance for the following petition: File No. BA - 9202025836 2. 1 hereby certify that I have complied with the notice requirements set forth in Section 11.00.031 of the St. Lucie County Land Development Code for the Board of Adjustment public hearing to be conducted by Wednesday, March 24, 2021, on the above -referenced petition. The required sign was printed and posted to the specifications listed on the Sign Content and Sign Requirements forms provided by the St Lucie County Planning and Development Services - Planning Division on -. The following required documentation is attached: A. Dated Photo submitted electronically (Close up) V B. Dated Photo submitted electronically (Distant) Further affiant sayeth not. Signature of Afflant STATE OF FLORIDA COUNTY OF,')) D The foregoing instrument was acknowledged before me this day of f (01-CA-) , 2021, by Said person,;- is personally known to me, _produced a drivers license issued by a state of the United States within the last five (5) years as identification, or produced other identification, to wit NcUrY public State cA Florida Notary Public, State of N' i"cole K Ved4 8rdO My 2: 9262 MV Cm ission GG, 9262;�B '= _J=T'ti Expires iviM2023 - ' � (- C -)u� ( Typed or Printed Name of Notary Commission No.: My Commission expires: ST. LUCIE Page 51 of 144 TO: Kris McCrain, Planning & Development Services Department THROUGH: Amy E. Griffin, Environmental Resources Director FROM: Jennifer McGee, Environmental Regulations Manger DATE: February 16, 2021 SUBJECT: Palmetto Flats Variance BA-9202025836 Background The Environmental Resources Department (ERD) is in receipt of the January 28, 2021 date -stamped submittal from Planning and Development Services. The applicant is requesting a variance to allow for a dead-end street to exceed the 1,000 foot maximum length, pursuant to Land Development Code Section 7.05.02 associated with associated minor site plan and plat applications for a nine (9) lot subdivision of an 82.29 acre parcel off Orange Avenue. The subject site is located on the north side of Orange Avenue, approximately 3,800 ft. west of the Florida Turnpike. The site is characterized primarily by pine flatwoods (43.6 acres of the subject site), along with 24.62 acres of improved pasture, two (2) isolated wetlands (an 8.16 acre non -forested freshwater emergent, water conveyance ditches (5 acres), and two (2) artificial ponds (0.37 acres). Findings This proposed variance is not anticipated to result in any adverse environmental impacts. The proposed access road for which the variance is being requested has been previously cleared. Environmental impacts, as well as landscaping, for the remainder of the subject site are being reviewed through the concurrent minor site plan and plat applications. Recommendation ERD has no objection to the proposed variance. Please contact Jennifer McGee at 772-462-3862 if you have any questions or if you would like to meet regarding the details on these requirements. 111111111 �������lllllllllllllllltllllllic w t Page 52 of 144 � � 44 � � � F=M� 4n \ 0 < \ % a \/ ^ \\\ \ < %® \% « c a» ^a_� z ^c �\ \/« c // /z < « > e « 2 c « > . \// / Z co CO u < » F: \ / \ % </ » \\ /\ /2 yr/ ^ \c z« �» gx z a_ /r x2 / \ © \ / ~ / \ m 0\z c «2 /e \/ \\\0 �M «\. %/ //CD ..\ §« //\ \\ z©» \/ «c >a- ac /«« » /\ 222 ~© az© «© >» «© «\ p>a «z a x <2 \%\ �\ <0 /\\ /e «zc C \+ x<< ?e ~~% /\z ©© 07' ~\ c « \\\ \\/ \\ \c0 \/ c se / 2/\ee\ \zs\»< z« y«» z c0 / c»>c% >c cz. 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Ln n N a- Q W LL = LLI O 0 0) Z LL. 0��0 L LI Z J L�.I�ry 3: Z _ =0= H �F� O Ow0 Z Z (n (N z Ld Ld ry Q Ld m m l ITEM NO. (ID # 2021-51252) S54fo L U C AGENDA REQUEST TO: Board of Adjustment PRESENTED BY: Bethany Grubbs, Planner SUBMITTED BY: Planning & Development Services SUBJECT: Springs Recovery Center Variance (Quasi -Judicial Item -Board Disclosures) 1. Staff Presentation 2. Board Discussion 3. Applicant Sworn -In Presentation 4. Board Discussion 5. Public Comment 6. Board Discussion/Decision BACKGROUND: DATE: 3/24/2021 RES NO: BOA-2021-003 Petition of Chancy Gelin for a Variance from the provisions of St. Lucie County Land Development Code Section 7.05.06 C. 2. F. (3) to allow a driveway with left turn movements to be located less than 350-feet from the Midway Road parallel base building line. This request proposes a full access driveway, with left -turn movements, 67-feet south of the required parallel base building line to serve a proposed non-residential development, to be known as the Springs Recovery Center. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends denial of the requested as it does not conform to a strict interpretation of the standards of review as set forth in St. Lucie County's Land Development Code Section 10.01.02. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None Page 57 of 144 NAYS: None EXCUSED: None Coordination/Signatures Date: March 18, 2021 Benjamin Balcer, Planning & Development Services Assistant Director Date: March 18, 2021 Katherine Barbieri, Assistant County Attorney III Page 58 of 144 #,"IF ;V4PRVW' Board Memorandum TO: Board of Adjustment THROUGH: Linda Pendarvis, Planning Manager Kori Benton, AICP, Assistant Planning Manager FROM: Bethany Grubbs, Planner Grant Chambers, P.E., Civil Engineer DATE: March 3, 2021 SUBJECT: Petition of Chancy Gelin for a Variance from the provisions of the St. Lucie County Land Development Code Section 7.05.06 C. 2. F(3) to allow a driveway with left turn movements to be located less than 350-feet from the Midway Road parallel base building line. ITEM NO.: 2021-51252 AGENDA 7.B. NO.. Applicant: Chancy Gelin PLAG Holdings, LLC PO Box 9751 Port St. Lucie, FL 34985 Agent: Daniel T. Sorrow, PLA, AICP, LEED AP BD+C Cotleur & Hearing, LLC 1934 Commerce Lane #1 Jupiter, FL 33458 Location: Southwest corner of W Midway Road and NW Dunn Road Parcel ID Number: 3403-502-0195-000-0 Project Size: 4.64-acres Zoning District: I (Institutional) Future Land Use: P/F (Public Facilities) Purpose: The purpose of this variance is to allow a full -access driveway connection, to serve a non-residential development, directly across from an existing driveway on the east side of NW Dunn Road Existing Use: Vacant Proposed Use: Substance Abuse Rehabilitation Facility Utilities: City of Port St. Lucie Utilities, Water & Wastewater Services Page 59 of 144 Board of Adjustment Staff Report Springs Recovery Center Variance (BA-1202125939) March 3, 2021 BACKGROUND: The 4.64-acre undeveloped property is located at the southwest corner of W Midway Road and NW Dunn Road. The property is zoned I (Institutional), with a compatible (Public Facilities) Future Land Use designation and are located inside of the Urban Service Boundary (USB). VARIANCE REOUEST The applicant is proposing to develop a Drug and Alcohol Rehabilitation Facility. This proposed variance request is to allow a full access driveway connection with left turn movements, that will generate more than 50 vehicle trips per day, to be located less than 350-feet from the Midway Road parallel base building line. This request proposes a full access driveway, with left -turn movements, 67-feet south of the required parallel base building line to serve the proposed non-residential development. (2018) Site Aerial Site Plan - Conceptual Snapshot Page 60 of 144 Board of Adjustment Staff Report Springs Recovery Center Variance (BA-1202125939) March 3, 2021 STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for a variance from the St. Lucie County Land Development Code, the Board of Adjustment shall consider and make the following determinations: 1. The variance requested arises from conditions that are unique and peculiar to the land, structures, and buildings involved; that the particular physical surroundings, the shape, or topographical condition of the specific property involved would result in unnecessary hardship for the owner, lessee, or occupant, as distinguished from a mere inconvenience, if the Provisions of Chapter 7 are literally enforced; that they are conditions that are not ordinarily found in the same Zoning District, and the conditions are created by the regulations of Chapter 7, of this Code, and not by an action or actions of the property owner or the applicant. The variance does not arise from conditions that are unique and peculiar to the land and physical surroundings as defined in the St. Lucie County Land Development Code (LDC). Special conditions do not exist that would result in an unnecessary hardship for the owner, lessee, or occupant. The petition does not distinguish the variance from mere inconvenience. LDC conflict is created by the actions of the property owner and is not based on conditions that are peculiar to land. The literal enforcement of the 350-foot minimum setback would not be impractical or result in an undue hardship that would prevent enjoyment of the properties. According to LDC Section 704.04, "Base Building Lines are hereby established from which all front, side, and Near yard setbacks are to be measured. For all thoroughfares in St. Lucie County, the base building line 3 Page 61 of 144 Board of Adjustment Staff Report Springs Recovery Center Variance (BA-1202125939) March 3, 2021 dimension from centerline shall be in accordance with dimensions shown on the Base Building Line Information Chart". The base building line is measured at 60 feet from the center of the Right -of -Way in this location on Midway Road. The existing Right -of -Way is approximately 170 feet wide in this location. The base building line would then be located 25 feet to the north of the property line. The property has 385 feet of frontage on NW Dunn Road; therefore, the applicant can propose a driveway to be located beyond the minimum of 350-foot setback and meet all other driveway setback criteria. 2. The granting of the variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, create a hazard to air navigation, endanger the public safety, or substantially diminish or impair property values within the neighborhood. The granting of the requested variance is not expected to harm other property or improvements in the neighborhood, nor is it expected to impair an adequate supply of light or air to adjacent public streets, increase the danger of fire, and therefore should have no negative impact on property Midway intersection values. The proposed project is compatible with the surrounding properties. Neighboring properties include hospice and assisted living facilities which are consistent with the nature of the proposed development.°r It is uncertain that granting of the variance will not endanger the public safety. LDC01 �J Section 7.05.06.C.2.£(3) requires of any use that will generate more than 50 vehicle �r � trips per day shall not be authorized left turn movements to access that driveway unlessh-Os the nearest edge of the driveway is a minimum of 350 feet from the parallel base building line. The intent of this code is to prevent vehicles crossing travel lanes within close proximity to an intersection for safety purposes. Shifting this access point to the Dri north could cause turn -movement conflicts, based upon the distance from Midway ve Road. There is a need to consider the south and north bound traffic from cars turning y onto Dunn Road from Midway Road, and vice versa, in addition to the vehicles leaving Potential the adjacent Hospice facility, with this reduced distance to the intersection. Turn Movements 3. The variance requested is the minimum variance that will make possible the reasonable use of the land, building, or structures. The requested variance is not the minimum needed to make possible the reasonable use of land, building, and structures that would result in an unnecessary hardship for the property owner. Without the granting of this proposed variance, a driveway could be constructed meeting the Code requirements by shifting the driveway location further south. 4. The variance desired will not be opposed to the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan. The variance desired is opposed to the general spirit and intent of the St. Lucie County Land Development Code (LDC). The decreased driveway setback is in conflict with Section 7.05.06 of the St. Lucie County Land Development Code. Pursuant to Section 7.05.06.2.£(3), which states, "Any use, existing or proposed, located on the property(s), to be served by the driveway under application, that will generate more than.ffty (50) vehicle trips per day, shall not be authorized left turn movements to access that driveway unless the nearest edge of the driveway is a minimum of three hundred fifty (350) feet from the parallel base building line.". The proposed location of the driveway is 47 feet from the property line which would be approximately 278 feet short of the minimum requirement. RECOMMENDATION: Page 62 of 144 Board of Adjustment Staff Report Springs Recovery Center Variance (BA-1202125939) March 3, 2021 Staff has reviewed this petition and determined that it does not conform to a strict interpretation of the standards of review as set forth in St. Lucie County's Land Development Code Section 10.01.02. Staff is, therefore, recommending denial of the requested variance. Suggested motion to recommend approval/denial of this requested variance. Page 63 of 144 Board of Adjustment Staff Report Springs Recovery Center Variance (BA-1202125939) March 3, 2021 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 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT APPROVE THE PETITION OF CHANCY GELIN FOR A VARIANCE FROM THE PROVISIONS OF SECTION 7.05.06.C.2.F(3) TO ALLOW A DRIVEWAY WITH LEFT TURN MOVEMENTS TO BE LOCATED LESS THAN 350-FEET FROM THE MIDWAY ROAD PARALLEL BASE BUILDING LINE, 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 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT DENY THE PETITION OF CHANCY GELIN FOR A VARIANCE FROM THE PROVISIONS OF SECTION 7.05.06.C.2.F(3) TO ALLOW A DRIVEWAY WITH LEFT TURN MOVEMENTS TO BE LOCATED LESS THAN 350-FEET FROM THE MIDWAY ROAD PARALLEL BASE BUILDING LINE, BECAUSE.... (CITE REASON WHY - PLEASE BE SPECIFIC) 6 Page 64 of 144 ST. LUCIE COUNTY Planning & Development Services Department Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 http://www.stiucieco.org/Rianning/planning.htm DEVELOPMENT APPLICATION A pre -application conference is recommended prior to main application submittal. Please contact the Planning Division to schedule an appointment. Submittal TVDe rcheck each that aaalies Site Plan Rezoning 3 ❑ Major Site Plan ❑ Rezoning (straight rezoning) ❑ Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD) ❑ Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment ❑ Major Adjustment to Minor Site Plan Comprehensive Plan Amendment 4 ❑ Major Adjustment to PUD/PNRD/PMUD ❑ Future Land Use Map Change ❑ Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment ❑ Minor Adjustment to Minor Site Plan ❑ Minor Adjustment to PUD/PNRD/PMUD Planned Development ❑ Planned Town or Village (PTV) ❑ Planned Country Subdivision (PCS) ❑ Planned Retail Workplace (PRW) ❑ Prelim. Planned Unit Develop. (PUD) ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Prelim. Planned Non -Res. Develop. (PNRD) ❑ Final Planned Unit Develop. (PUD) ❑ Final Planned Mixed Use Develop. (PMUD) ❑ Final Planned Non -Res. Develop. (PNRD) Conditional Use' ❑ Conditional Use ❑ Major Adjustment to a Conditional Use ❑ Minor Adjustment to a Conditional Use Variance 2 ❑ Administrative Variance 6� Variance ❑ Variance to Coastal Setback Line 1. Conditional Use 2. Variance 3. Rezoning / Zoning Atlas Amend 4. Comp. Plan Amendments 5. Class A Mobile Home Other ❑ Administrative Relief ❑ Class A Mobile Home s ❑ Developer Agreement (Submit per LDC 11.08.03) ❑ Power Generation Plants ❑ Extension to Development Order ❑ Historical Designation/Change 6 ❑ Land Development Code Text Amendment 7 ❑ Plat ❑ Post Development Order Change ❑ Re -Submittal # 8 ❑ Shoreline Variance ❑ Stewardships — Sending/Receiving ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Transfer of Development Rights ❑ Waiver to LDC/Comp. Plan Requirements 9 ❑ Appeal of Decision by Administrative Official10 ❑ Eminent Domain Waiver" Application Supplement Packages 6. Historical Designation/Change 7. LDC Text Amendment 8. Re- Submittal 9. Waiver to LDC/Comp. Plan Requirements 10. Appeal of Decision by Administrative Official 11. Eminent Domain Waiver Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). Page 1 of 6 Revised May 6, 2013 Page 65 of 144 FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS --Plan-n-i-ing Division Application Type: Supplemental Application Package No.:________ (Please provide separate fee calculation vvorksheetfor each application type) O BASE REVIEW FEE: $A\\ O CC)NCURF(ENCYFEE: $ (B) O UTILITIES O PER ACREAGE CHARGE: O F<EGUBM|TTALFEE: (if applicable) U OTHER SUBTOTAL CJFBASIC FEES: O PRE+APPL|CAT|ONMEEThNG FEE:/F\ Receipt No. of Payment: Date ofPre Aop: BALANCE OFFEES DUE: $_________ SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. OO-O47;amending Chapter 5.11.O1 ofthe St. Lucie County Land Development Code O $95ODO—Methodology Meeting (H)(|fApp|icab|e) • Additional fees will be due if a 31d party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3rd party. • Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures". • Other fees may be applicable by other external reviewing agencies; i.e. Fire District and proof of payment will be required prior to project approval, Pre -Application Meeting Request Daniel Sorrow Applicant Name (Printed) qi�gdature� of apel'co�AN (For office use only) INTAKE REVIEWER - SIGNATURE DATE VER|F|EOBY-SkBNATURE DATE File #: Receipt #: Targeted Indu Page 2of8 Revised March 15.2016 Page 0Uof144 Submittal Requirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. All applications must include the following: ® Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) ® Aerial Photograph — property outlined (available from Property Appraiser's office ® Property Deed ® Legal description, in MS Word format, of subject property ® Property Tax Map — property outlined (electronic copy not required) ® Survey (24x36) ❑ 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached) ❑ Concurrency Deferral Affidavit; or ® Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: ❑ Site Plan 24"x36" at a scale of 1"=50' (12 copies- folded, not rolled) ❑ Boundary Survey (24x36) — Signed and Sealed (12 originals) ❑ Topographic Survey (24x36) — Signed and Sealed (12 originals) ❑ Landscape Plan — Signed and Sealed (12 originals) ❑ Traffic Impact Report (TIR) (4 copies) if: o 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) ❑ Environmental Impact Report (4 copies) if:(See LDC Section 11.02.09(5)) o The property is ten acres or greater o The property, regardless of size, contains a wetland; o The property is identified on the "Native Habitat Inventory for SLC"; o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain; o Development on N. or S. Hutchinson Island Development Order Extension Applications only require the following: ❑ Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02.06) ❑ Updated Traffic Analysis if applicable (4 copies) ❑ Approved Resolution or GM Order Final Plats only require 2 CDs (follow specifications above) & 4 copies of the following: ❑ Main Application and back up material ❑ Approved Site Plan and copy of approved Development Order ❑ Plat - Include extra copies of Plat for applicable conditions of approval (3 Original Mylars Needed for Recording) *Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it may invalidate the results of any hearing(s). Page 3 of 6 Revised March 15, 2016 Page 67 of 144 Protect Information Project Name: Drug & Alcohol Rehab Facility Midway Road Site address: 3725 W. Midway Road Parcel ID Number(s): 3403-502-0195-000-0 Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on CD) LOTS 102, WHITE CITY SUBDIVISION, IN SCTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AS SET FORTH IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LESS THAN THE WEST 200 FEET OF SAID LOT 2, AND LESS ALL RIGHTS OF WAY FOR DRAINAGE CANALS AND PUBLIC ROADS. CONTAINING 5.42 ACRES ACCORDING TO THAT CERTAIN SURVEY OF W.I. SCHOEPFER DATED JUNE 1, 1988. Property location — Section/Township/Range: St. Lucie County Property size — acres: 4.64 Square footage: 187762.00 Future Land Use Designation: P/F - Public Facilites Zoning District: I - Institutional Description of project: (Attach additional sheets if necessary) Cotleur and Hearng, Inc., on behalf of the applicant, Chancy Gelin, is requesting Minor Site Plan and Conditional Use approval for the development of a 25,992 square foot substance abuse rehabilitation center. The proposed facility will be equipped with room and board for seventy-six (76) beds, nursing stations and office space. Access to the site is proposed via a driveway located on NW Dunn Road, opposite the existing drive for Treasure Coast Hospice Center. City of Port St. Lucie Utilities will provide water and wastewater services to the site. Inpatient care facilities within 1 - mile proximity include Preferred Private Care, Royal Care (an assisted living facility), and the Florida Center for Recovery. The subject 4.64-acre vacant property is located at the southwest corner of W Midway Road and NW Dunn Road. The parcel is zoned I (Institutional), which is consistent with the P/F (Public Facilities) Future Land Use designation and is located within the Urban Services Boundary (USB). Type of construction (check all applicable boxes): ❑ Commercial Total Square Footage: Existing ❑ Industrial Total Square Footage: Existing ❑ Residential No. of residential units: Existing Other No. of subdivided lots: Existing Please specify: Drug & Alcohol Rehab Facility Number and size of out parcels (if applicable): Proposed: Proposed: Proposed: Proposed: Page 4 of 6 Revised March 15, 2016 Page 68 of 144 SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS ... ............_.............._..................... ... ... ........, ...Alicant Information (Property Develo�rj. ............. ,.,,..... _.__._.......�. ...... A ent Information: Business Name: PLAG Holdings, LLC Business Name: Cotleur and Hearing Name: Chancy Gelin Name: Daniel T. Sorrow Address: PO Box 9751 Port St. Lucie, FL Address: 1934 Commerce Ln #1, Jupiter, FL 33458 US 34985 (Please use an address that can accept overnight (Please use an address that can accept overnight packages) packages) Phone: 561-714-1079 Phone: 561-800-8426 Fax: Fax: Email: chancgelin@live.com Email: dsrrow@cotleur-hearing.com Please note: both applicant and agent will receive all official correspondence on this project............. . "Ill,----,, —] Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said property owner. ......���.��.�....... Property OGaner signature Mailing Address:_ " S< , �G i el,--)Ahr-i,� 4 -=� (, 3` c STATE OFFlorida , COUNTY OF St. Lucie ILeona Fuss Property Owner Name (Printed) Phone: Q0 2 ;—,S J / "0l 013 If more than one owner, please submit additional pages C1' The foregoing instrument was acknowledged before me this ww day of _Ovk0A 0 20 20 by , l �� _ wwww.M� who is personally known to me or who has produced - as identification. ~�~ Si naf eof Votary Type or PrintName of Notary Commission Number (Seal) AII'NE TC KINSER .� MY f O,X, SSS 0uN ff G)G 0'32030 Page 5 of 6 Revised March 15, 2016 Page 69 of 144 Property Owner( Signature) Mailing Address: 2110 N. Ocean Blvd Fort Lauderdale F1 33305 Weiser Two Lmt PartagE���� Property Owner(Printed) STATE OFFLORIDA COUNTY OF The foregoing instrument was ocknowiedged'6,efcnemethis -- day ofAugust 2020 by Irwin Weiser who personally Signature qfNotary as identification. Type orPrint NameofNotary omnnission0urnbedSeaU20 Page 70 of 144 Required Document Namin List * All electronically submitted documents must be formatted and named according to the list below. If your submittal includes a document not on the list, the document name shall clearly reflect the content of the submitted document. Document Document Format Required Name on CD Aerial Photograph PDF Aerial.pdf Application PDF Application.pdf Approval Order PDF Approval Order. pdf Architectural Elevations PDF ArchElev.pdf Boundary / Topographic Survey PDF BoundaryTopo.pdf Drainage / Stormwater Plan PDF DrainagePln.pdf Easements PDF Easements.pdf Environmental Impact Report PDF or Word EIR.pdf or EIR.doc Existing Condition Plan PDF Existing Cond. pdf Flood Plain PDF or Word Flood. df or Flood. Doc Landscape Plan PDF Landsca e. df Legal Description Word Le al.doc Lighting Plan PDF Lighting.pdf Mitigation Plan PDF Miti ation. df Mobile Home Plans PDF or Word MobileHome. df or MobileHome.doc Paving Plan PDF Paving.pdf Permit (External) PDF Permit.pdf Plat PDF Plat.pdf or Plat.doc Property Deed PDF Deed.pdf Site Plan PDF SitePlan.pdf Traffic Impact Report PDF or Word TIR.pdf or TIR.doc Tree Survey PDF Tree.pdf Turtle Protection PDF or Word Turtle.pdf or Turtle.doc Utility Plan PDF Utiliity.pdf Vegetation Removal Application PDF Vegetation.pdf Page 6 of 6 Revised March 15, 2016 Page 71 of 144 Supplement 2 Variance Application Supplement 1. I (we) do hereby petition the St. Lucie County Board of Adjustment for the following Variance from the LDC. (State the variance sought and the section from the LDC from which the variance is requested.) A driveway variance is being sought. The variance is being requested from section 10.01.09 of the land development code. 2. What is the purpose of the proposed variance and the intended development of the subject property if the variance is granted: The intention of this variance is to allow St. Lucie County to approve a driveway entrance to the Spring Recovery Center on the northeast portion of Dunn Rd. The allowance of this variance will also provide alignment to the entrance of Treasure Coast Hospice across the street. It is established in section 7.01.03, that the proposed development shall be designed so that it will not create traffic congestion on the arterial and collector roads surrounding the project, or such surrounding collector or arterial roads shall be improved so that they will not be adversely affected. Therefore, it is ideal to line up the ingress/egress locations. 3. State the specific hardship imposed on the owner by the LDC? There are several hardships imposed on the owner by the LDC. The first being, safety. As stated in St. Lucie County LDC section 7.05.06, The nearest perpendicular edge of any two driveways on the same property shall be separated by a minimum of one hundred fifty feet. If the entrance is moved to the southeast corner of Dunn Rd, as assigned by code, the neighboring residential property, despite being located on a different parcel, entrance would only be 68.7' away from the entrance of the suggested location of the Recovery Center. This may create a potentially hazardous condition and conflict for cars arriving and departing both sites when traveling in opposite directions. An additional hardship is the disturbance of the line of sight. When entering the Springs Recovery Center from Midway Rd, drivers should be able to park and enter to the front of the building, without driving past it first. Entering the site before arriving at the front of the building allows visitors to efficiently park and navigate the property with ease. If the entrance were located at the southeastern portion of Dunn Rd, visitors would be forced to pass the entirety of the Recovery Center before entering the parking lot. Not only does this confuse visitors and slow down traffic on Dunn Rd, but it will cause inefficient wayfinding throughout the parking lot as drivers will have to drive back to the front of the site to find a parking spot in close proximity to the building entrance. As previously mentioned, Treasure Coast Hospice was granted entry to the front of their site on the northeastern portion of Dunn Rd. That being said, not only would it be beneficial to have these ingress and egress points line up to the Springs Recovery Center ingress/egress, Page 72 of 144 Supplement 2 but it would avoid the need for improvements along the right side of Dunn Rd to the end of the site. An entrance on the northeastern portion of Dunn Rd to the Springs Recovery Center will a foster quick and easy access for drivers coming from Midway Rd. It will also provide a more balanced streetscape for pedestrians if the ingress/egress is lined up with Hospice, because there will be less splitting of the sidewalk on Dunn Rd. 4. State reasons why this hardship is unique to the owner and why other property similarly situated does not suffer from the same hardship. This hardship is unique to the owner due to Treasure Coast Hospice being situated across from his/her proposed ingress/egress. Users of Hospice can conveniently navigate the site and are able to quickly turn in and out of the property without disrupting traffic at the nearby intersection on Midway Rd. Also, when drivers enter Hospice, they are directed straight to the building entrance, whereas Springs Recovery Center visitors would have to drive to the end of the site to enter their location. The result of this hardship determines how the site will be navigated for its users. Failure to align the Springs Recovery Center ingress/egress with Hospice's would provide an unfair disadvantage for the property owner. 5. State reasons why this variance will not be injurious to other property and/or improvements in the neighborhood in which the subject property is located. This variance would not be injurious to other property or improvements in the neighborhood for several reasons such as, it will be better for public interest to have the entrance at the northeast corner of Dunn Rd because it offers close access to Midway Rd, but does not allow traffic to accumulate on Dunn Rd. Traffic will not accumulate on Dunn Rd because of the low volumes associated with a drug and alcohol recovery use. Also, Treasure Coast Hospice's ingress/egress is located on the northeastern portion of Dunn Rd and does not pose any negative or hazardous aspects to Dunn Rd or the remainder of the neighborhood. Additionally, as previously mentioned, if the ingress were to be placed at the southeast corner of the property it would only be 68.7' away from a residential community home driveway which may be hazardous to the neighboring property owner, concluding the northeastern corner the most desirable ingress location. 6. State reasons why this variance will not increase traffic, the danger of fire, or impair property values in the neighborhood in which the subject property is located. The desired alternative encompasses providing the ingress/egress location to remain at the northeastern corner of the property, as shown on the proposed site plan, and be aligned with the ingress/egress at Hospice (across Dunn Rd). Having it remain in this area, may be supported by traffic volumes because the traffic arrives and leaves in stages, which will prevent stacking and queuing, not blocking traffic. Additionally, the Springs Recovery project has a total of 10 daily trips during AM peak hours and 12 trips during PM peak hours, which includes,8 cars entering and 2 exiting. During PM peak hours, there are 4 cars entering and 8 exiting. Due to the low traffic intensity generated by the Springs Recovery Center, having another entryway located directly across the street from Hospice, would not stimulate a large amount of traffic and will not impact the volume of traffic at the nearby intersection. According to the St. Lucie County land development regulations, "Any use, existing or Page 73 of 144 Supplement 2 proposed, located on the property(s), to be served by the driveway under application, that will generate more than fifty (50) vehicle trips per day, shall not be authorized left turn movements to access that driveway unless the nearest edge of the driveway is a minimum of three hundred fifty (350) feet from the parallel base building line." The ingress/egress of Treasure Coast Hospice allows for a left hand turn out of the site. This further validates having the ingress/egress of the Recovery Center located directly across so drivers can make a left hand turn out, which would provide an adequate exit from the site, and entry on to Midway Rd. 7. State why this variance is the minimum variance that will make possible a reasonable use of the land, building and structures. This is the minimum variance necessary for the ability to align the Spring Recovery Center 26' by 44' driveway with Hospice across the street to provide the most efficient line of sight and ingress to the front of the recovery center. This variance is not requesting any closer to Midway Rd than the proposed alignment to the across the street driveway. The main intent of this variance is to align the entrances of both northeastern sites on Dunn Rd. According to section 7.05.06 of the St. Lucie County LDRs, "any driveway connection to an undivided arterial or collector roadway, made after August 2, 1990, shall be opposite any existing driveway connection," it is necessary to align opposing driveway locations. 8. Explain how this proposed variance is consistent with the general spirit of the LDC and the St. Lucie County Comprehensive Plan. This proposed variance is consistent with the intent and general spirit of the St. Lucie County Land Development Code. This minor variance should be granted because it is logical and necessary to line up driveway ingress/egress locations when feasible. 9. Is this variance request located within a Homeowners or Property Owners Association? YES NO X If yes, then letter is required. • For any variance request within an area that has a Homeowners or Property Owners Association, a letter from that Association is required stating their position regarding the variance request. 10. Name of Association 11. Is there a letter from that association attached? YES NO X Page 74 of 144 Supplement • Please attach adiagram ofthepropertvoh i the dimensions ofthe lot and all other dimensions necessary hzunderstand this application. • Per LDCSection 10.01.04(A). (7) |fthe variance iasought toerect orincrease the height of any structure, to permit the growth of any tree, or to use property in the Airport Zones established in Section 4.00.00, the application shall be accompanied by a written determination from the Federal Aviation Administration (FAA Form 7460) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. • Except for non-residential accessory structures in AG-1, AG-2.5 and AG-5, if the application is for 100% variance from the road frontage requirements, proof of recorded legal access shall befurnished with the application. • I (we) have reviewed LDC Section 10.01.00, including the questions to be answered by the applicant for a variance and will be prepared to answer these questions at the public hearing. Daniel Sorrow (Applicant Name) swear (or affirm) that the information and facts stated therein on the application tru and correct, Applicant Signature NOTAR"NOWLEDGEMENT STATE OF COUNTY OF -The foregoing instrument was acknowledged before methis by c\ ­�" � t whom is personally known to me or who has produced as identification. Type or Print Name of Notary State of Florida Notary Public My Comm, Expires Oct 12,2021 Commission Number (Seal) bonded through National Nolvy Allm Page 75of144 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 2874689 OR BOOK 2582 PAGE 487, Recorded 06/06/2006 at 01:05 PM Doc Tax: $0.70 This Instrument Prepared by: LEONARD GRAND, ESQUIRE Return to: GRAND & GRAND, P.A. 3440 Hollywood Blvd., #450 Hollywood, FL 33021 (954) 989-2889 Property Appraisers Parcel I.D. (Folio) Number(s): 3403-502-0195-000/0 Grantee SSN: THIS WARRANTY DEED, Made this _ day of May, 2006, by B. ELIZABETH WEISER, a married woman, hereinafter called the Grantor, to WEISER TWO LIMITED PARTNERSHIP, 4 Nevada limited partnership, hereinafter called the Grantee, whose post - office address for both Grantor and Grantee is 2110 North Ocean Boulevard, #I 10 1, Fort Lauderdale, Florida 33305. (Wherever used herein the terms "Grantor", "Grantors", Grantee" and "Grantees" shall include singular and plural; heirs, legal representatives, and assigns of individuals, and the successors or assigns of corporations, wherever the context so admits or requires; and likewise, "Trustee" and "Trustees" shall include singular and plural and successors.) WITNESSETH: That the said Grantor, for and in consideration of the sum of $ 10.00 and other valuable considerations, receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release,'convey and confirm unto the Grantee, all that certain land, situate in St. Lucie County, Florida, viz: An undivided twenty-five (25%) percent interest in and to: LOT 102, WHITE CITY SUBDIVISION, in Section 5, Township 36 South, Range 40 East, as set forth in Plat Book One, Page 23, of the Public Records of St. Lucie County, Florida, LESS The West 200 feet of said Lot 102, and LESS All rights of way for drainage canals and'p"'u'blic roads. Containing 5.42 acres according to that certain Survey of W.J. Schoepfer dated June 1, 1988. OR BOOK 2582 PAGE 488 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. SUBJECT TO: Real estate taxes and assessments for the current and subsequent years; Zoning and/or restrictions and prohibitions imposed by governmental authority; Restrictions and other matters appearing on the plat and/or common to the subdivision; Utility easements of record, provided said easements do not reasonably interfere with the intended use of the property; All terms, conditions, restrictions and covenants contained in the Declaration of Condominium referred to herein and any and all amendments and exhibits thereto. To Have and to Hold, the same in fee simple forever. And the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said real property in fee simple; that the Grantor has good right and lawful authority to sell and convey said real property; that the Grantor hereby fully warrants the title to said real property and will defend the same against the lawful claims of all persons whomsoever; and that said real property is free of all encumbrances, except taxes accruing subsequent to December 31, 2005. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: Sign Name: Print Name: Leonard Grand Sign N e: Print Name: Donna Ehnini-Ja"s B. ELIZ4ETH WEISER 2110 NartM Ocean Boulevard, #1101 Fort Lauderdale, FL 33305 OR BOOK 2582 PAGE 489 STATE OF FLORIDA COUNTY OF BROWARD ) ss.: The foregoing instrument was acknowledged before me this 2Lday of May, 2006, by B. ELIZABETH WEISER. Y DMMEWN44CfJBS * MY COMMISSION t Mf794d EXPIRES: May N, 2W8 44ornV 8M*T1nBud1M**kMM otary Sign Name PRINT NAME: DONNA ELMINI-JACOBS Personally known Or Produced Identification d Type of Identification Produced: Drivers' Licenses N.B. This deed has been prepared at the Grantors' request without examination or legal opinion of title. N.B. This is not the homestead property of the Grantor as she resides elsewhere. Legal Description LOTS 102, WHITE CITY SUBDIVISION, IN SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AS SET FORTH IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LESS THE WEST 200 FEET OF SAID LOT 2, AND LESS ALL RIGHTS OF WAY FOR DRAINAGE CANALS AND PUBLIC ROADS. CONTAINING 5.42 ACRES ACCORDING TO THAT CERTAIN SURVEY OF W.J. SCHOEPFER DATED JUNE 1, 1988. Page 79 of 144 1 in = 200 ft Aeria/Map COtleur& � 50 100 200 300 Feet Springs Recovery Center ""Hearing Map Document: 1934 Commerce Lane � Suite 1 - Jupiter, FL - 33458 \P (F:rojects Active\20-0805 Drug & Alcohol Rehab Facility St. Lucie Count FL 561.747.6336 - 561.747.1377 Midway Road\Maps and Graphics\AmMap_Projects) r 08-19-2020 -- 1:30:00 PM- mak Page 80 of 144 M. I2:z 0zw�� Z Q U Q J�`ZZ aQ0u-Z w Z J w LL LL m w a Q U Ln z g MEWMA 1, 1 N M O U ry w o za Uw �w U J Z N a 2 Z LL a w LU O Q O ��1 L j U ¢U QC U w cn p pw gm � a LU �C 2 CL O Ln O ZLL 7 7 zz zz �F 5F D M J Q N Qc� av � M m b2 <I 1� 11 Ln O Sr. O W Z H v n Qo w C9 I�. !r v k, LL w ab. <r 3 R q ti 1�1 1b Y J Q V Z O v N 1� i m O rn iOR00 J W H CO I V Ix W I J R c 1 tia O Z � Lij L H W hZmZ Text of Ad: 03/10/2021 ST. LUCIE COUNTY BOARD OF ADJUSTMENT PUBLIC HEARING AGENDA March 24, 2021 NOTICE OF PROPOSED VARIANCE REQUEST Notice is hereby given in ac- cordance with Section 11.00.03 of the St. Lucie Coun- ty Land Development Code and in accordance with the Provisions of the St. Lucie County Comprehensive Plan that the following applicant has requested the St. Lucie County Board of Adjustment consider the following re- quest: Purpose: Petition of Chancy Gelin for a Variance from the provisions of St. (Lucie County Land Development Code Sec- tion 7.05.06 C. 2. F. (3) to al- low a driveway with left turn movements to be located less than 350-feet from the Midway Road parallel base building line. This request proposes a full access drive- way, with left -turn move- ments, 67-feet south of the required parallel base build- ing line to serve a proposed n- on-residential development, to be known as the Springs Recovery Center. File Number: BA-1202125939 Location: Southwest corner of West Midway Road and Northwest Dunn Road Parcel ID: 3403-502-0195-000-0 The Public Hearing on this item will be held in the Com- mission Chambers, Roger Poi- tras Annex, 3rd Floor, St. Lucie County Administration Build- ing, 2300 Virginia Avenue, Fort Pierce, Florida on Wed- nesday, March 24, 2021 begin- ning at 9:30 a.m. or as soon thereafter as possible. All interested persons will be given an opportunity to be heard. Written comments re- ceived in advance of the pub- lic hearing will also be consid- ered. The public will be able to physically attend this meet- ing, but seating in the Cham- bers will be regulated to com- ply with social distancing pro- tocols. Members of the public that do attend are encour- aged to wear masks or similar devices, which cover the nose and mouth. If residents are concerned about COVID-19 or have health concerns, please refrain from coming to public meetings in person. You can contact Bethany Grubbs, Proj- ect Manager via phone or email as an alternative to making public comments in person. Public comment for upcoming meetings can be submitted several ways: • Email at Grubbsb@stlucieco. org; • Email at publiccomment@stl ucieco.org; or • Residents without Internet access can comment by phone at 772-462-1687 and TDD (tel- ecommunications device for the deaf) number at 772-462- 1428. Board of Adjustment should be received by the Planning and Development Services De- partment - Planning Division by noon prior to the sched- uled hearing. Comments will be distributed to the board in advance of the meeting and included in the record provid- ed the comments comply with the county's rules. Comments received by phone will be ei- ther played at the Board meeting or transcribed in written form provided that the comments comply with the county's rules. The peti- tion file is available for review at the Planning and Develop- ment Services Department — Planning Division offices lo- cated at 2300 Virginia Ave- nue, 2nd Floor, Fort Pierce, Florida during regular busi- ness hours. Please call (772)462-2822 or TDD (772)462-1428 if you have any questions or require addition- al information about this peti- tion. The St. Lucie County Board of Adjustment has the power to authorize variances from the dimensional requirements of the St. Lucie County Land De- velopment Code, in accord- ance with the Provisions of Section 10.01.00, of the St. Lu- cie County Land Development Code. The proceedings of the Board of Adjustment are electroni- cally recorded. PURSUANT TO SECTION 286.016s, FLORIDA STATUTES, if a person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verba- tim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued from time to time to a date -certain. Anyone with a disability re- quiring accommodations to attend this meeting should contact the St. Lucie County Risk Manager at least forty- eight (48) hours prior to the meeting at (772)462-1546 or T.D.D.(772)462-1428. BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA /S/ ROBERT LOWE, CHAIRMAN PUBLISH DATE: March 13, 2021 TCN4639555 Page 85 of 144 Bracero, Marcos A 6330 NW Hala CT Port Saint Lucie, FL 34983 Public Hearing Date: Wednesday, March 24, 2021 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL. 34982 Meeting Time: 9:30 AM (or soon thereafter) Applicanf Chancy Gelin PLAG Holdings, LLC PO Box 9751 Port St. Lucie, FL 34985 Agent Daniel T. Sorrow Cotleur & Hearing, LLC 1934 Commerce Center Lane #1 Jupiter, FL 33458 Proiect Location Southwest corner of W Midway Road and NW Dunn Road Parcel Identification 3403-502-0195-000-0 Future Land Use P/F (Public/Facilities) Zoning District I (Institutional) Springa Recovery - Orlveway Variance (�, BA-1 R03124918 Location Public Hearing Notice Notice of Proposed Variance Request You are receiving this notice because you are a property owner within 500 feet of the proposed petition. Project Description Petition of Chancy Gelin for a Variance from the provisions of St. Lucie County Land Development Code section 7.05.06.C.2.F(3) to allow a driveway with left turn movements to be located less than 350-feet from the Midway Road parallel base building line. This request proposes a full access driveway, with left -turn movements, 67-feet south of the required parallel base building line to serve a proposed non-residential devel- opment, to be known as the Springs Re- covery Center. The St. Lucie County Board of Adjust- ment (BOA) has the power to authorize variances from the dimensional require- ments in accordance with the provisions of Section 10.01.00, of the St. Lucie County Land Development Code. All interested persons will be given an opportunity to be heard. The public will be able to physically attend this meeting, but seating in the Chambers will be regu- lated to comply with social distancing protocols. Members of the public that do attend in person are encouraged to wear masks or similar devices, which cover the nose and mouth. You can contact Bethany Grubbs, Project Manager, via phone or email as an alternative to mak- ing public comments in person. Public comment for upcoming meetings can be submitted several ways: Email: u�MII�a�+,tlVilid ap:a,t or Email: p u,ulllli a;, >i�ii�i ini Ullu.0 ,l i` i Residents without access to the internet can comment by phone at 772-462-1687 and TDD (telecommunications device for the deaf) number at 772-462-1428. Writ- ten comments to the Board of Adjust- ment should be received by the Planning and Development Services Department - Planning Division by noon prior to the scheduled hearing. Anyone with a disability requiring ac- commodations to attend this meeting may contact the SLC Community Risk Manager at least 48 hours in advance at 772-462-1546 or TDD 772-462-1428 Further details are available in the Planning and Development Services Department — Planning Division please contact: Staff Bethany Grubbs Tel (772) 462-1687 Email GrubbsB@stlucieco.org Date Mailed March 12, 2021 Page 86 of 144 PLANNING AND DEVELOPMENT SERVICES DEPARTMENT V Planning Division Please Return This Form To: St. Lucie County Planning & Dev. Serv. Dept. - Planning Division ATTN: Bethany Grubbs, Project Manager 2300 Virginia Avenue, Ft. Pierce, FL 34982 Email: GrubbsB(a�stlucieco.orp or Fax (772) 462-1581 PROPOSED REQUESTED VARIANCE: Petition of Chancy Gelin for a Variance from the provisions of St. Lucie County Land Development Code Section 7.05.06 C. 2. F. (3) to allow a driveway with left turn Project movements to be located less than 350-feet from the Midway Road Description: parallel base building line. This request proposes a full access driveway, with left -turn movements, 67-feet south of the required parallel base building line to serve a proposed non-residential development, to be known as the Springs Recovery Center. Project Location: Southwest corner of W Midway Road and NW Dunn Road Current Zoning: 11 1 (Institutional) 11 File No: 11 BA-1202125939 If you wish to comment, please check only one of the three following statements and return no later than Monday, March 22, 2021. Forms returned without a name and address will not be considered. All returned forms are a matter of public record and are available for viewing upon request. Please attach additional pages with comments, if necessary. I AM IN FAVOR OF THE REQUESTED VARIANCE I AM NOT IN FAVOR OF THE REQUESTED VARIANCE I HAVE NO OPINION ABOUT THE REQUESTED VARIANCE I certify that as of the date written below, I am a property owner within 500 feet of the requested Variance. Name (Please Print): Address: Date: Signature: Please call, Bethany Grubbs, Project Manager at (772) 462-1687 if you have any questions. r d 1/i +i,ch 20 11n Page 87 of 144 * 0 Rt CY) _0 a) L- M CQ m > woo= O O C� —pa-uuna I M 3MMEW 04 0 LO U- CD >%C,4 > co 0 U = Z U, C: 0 CL PH ZI!AIOS PH ZJ!AIOS MN 0 z LO 0 2 (D priMrTl st U) Lr) 0- U, L--ENW L IParcello Cvi LastName CuOlPrcstName u02LastNarj02FjcstNar Cuostr$atl Cuostr,902 + CuOG"Ity Cuostote CuoPdstaf 3420-741-0187-000-9 Bracer, Marcos A Bracer, Marisa L 6330 NW Hale CT Port Saint Lucie FL 34983 3403-502-0197-100-5 Chesack Jackie F 5161 Dunn Rd Fort Pierce FL 34981 3403-502-0195-010-3 Church Of Jesus Christ 3801 W Midway Rd Fort Pierce FL 34981 3420-741-0184-000-8 Clifton Sandra J 6315 NW Hal. Ct Port St Lucie FL 34983 3420-741-0173-000-8 Echemendia Maikel 6340 NW Ale CT Port Saint Lucie FL 34983 3420-741-0181-000-7 Elliott Patrick David Elliott Teresa Mae 6318 NW Dora CT Port Saint Lucie FL 34983 3420-741-0171-000-4 Elliott Victoria 6321 NW Ale CT Port St Lucie FL 34983 3403-502-0153-100-5 Futch (LF EST) Rachel L 4950 Selvitz Rd Fort Pierce FL 34981 3403-702-0002-000-5 Gardner Gary W Gardner Maria P 5515 NW Ligon CIR Port Saint Lucie FL 34983 3420-741-0179-000-0 Hartman Anthony L 6333 NW Dora CT Port St Lucie FL 34983 3420-741-0185-000-5 Hazer III Andrew 950 Virginia St Columbia IA 50057 3420-741-0174-000-5 Hernandez Juan C Hernandez Lldla 6330 NW Ale CT Port Saint Lucie FL 34983 3420-741-0177-000-6 Hopkins Amos L Hopkins Marene 6313 NW Dora CT Port St Lucie FL 34983 3403-502-0194-000-3 Hospice Foundation iNSt L 1201 BE Indian ST Stuart FL 34997 3420-741-0180-000-0 Hunter Patricia C 6328 NW Dore CT Port Saint Lucie FL 34983 3403-502-0156-300-8 Kinley John F Kinley Jeannine M 4950 Dunn Rd Fort Pierce FL 34981 3420-741-0178-000-3 Lezeau Lens 6323 NW Dore CT Port St Lucie FL 34983 3403-502-0151-000-0 Liberty Baptist Church Inc 3660 W Midway RD Fort Pierce FL 34981 3405-601-0002-000-1 M & R United Inc 402 High Point Dr Ste 101 Cocoa FL 32926 3403-502-0197-010-7 Maldonado Segundo 5407 S Indian River DR Fort Pierce FL 34982 3403-502-0197-200-6 Miller Daniel V Blank Victoria M 5191 Dunn RD Fort Pierce FL 34981-4942 3426741-0021-000-8 Port St Lucie City Of 121 SW Port St Lucie Blvd Port St Lucie FL 34984 3420-741-0170-000-7 Ragbeer Stefan 8938 210th ST Queens Village NY 11427 3403-502-0195-020-6 Rauchett Thomas Rauchett Paula N 5081 Dunn Rd Fort Pierce FL 34981 3420-741-0191-000-0 Reichert Carl C Reichert Mary V 6327 NW Lykes LN Port Saint Lucie FL 34983 3420-741-0172-000-1 Sanjuan And 7041xoria AVE Fort Pierce FL 34982-6273 3405-601-0001-000-4 St Nicholas Greek Orthodox Church 2525 S 25th ST Fort Pierce FL 34981 3403-702-0003-000-2 Valentin Bello Jean C Valentin Cardin A 5515 NW Ligon CIR Port Saint Lucie FL 34983 3403-502-0195-000-0 Weiser Two Lmt Partnership Fuss Leona 2110 N Ocean Blvd Apt 1101 Fort Lauderdale FL 33305 3420-741-0186-000-2 Woodward Donald William 6335 NW Hal. CT Port Saint Lucie FL 34983 Owner Mailoui Page 89 of 144 STATE OF FLORIDA COUNTY OF StLucie 1 M8moiog l}iv}Si8o COMPLIANCE WITH POSTING orNOTICE REQUIREMENTS ' SIGN AFFIDAVIT Dan Sorrow . being first duly sworn deposes and states: | 8m the owner or the agent for the project known as Springs Recovery Center petition: File No. BA-1202125939 for the following 2. |hereby certify that |have complied with the notice requirements set forth in Section11.00.O3.E of the St. Lucie County Land Development Coda for the D/w�«u'Veh�noe public hearing to be conductedbvthe Board of Adjustment onthe above- referenced petition. The required sign was printed and posted to the specifications listed on the Sign Content and Sign Requirements forms provided by the St Lucie County Planning and Development 8en/iC8S - Planning Division on Friday, March 12th2821 . The following required documentation is attached: A. Dated Photo submitted electronically (Close up) __ B. Dated Photo submitted electronically ([>ist8n8 __ Further 8ffi8OtS8y8thnot. Signature of �T�a STATE QFFLORIDA COUNTY OF �� The foregoing instrument was acknowledged before me this ��� day of 20-)1 by . Said p8rsOn~/=-ispersonally known tome, _produced adriver's license issued bvmstate Ofthe United States within the last five (5)years asidentification, Or__produced other identification, to wit Notary Public, State of P--/D ^c(/ m�- SANDRABRUCIRTON Typed or Printed Name of Notary Notary Public - State of Florida Commission No.: My Comm. Expires Oct 12,2021 Bonded 0,rough National Notary Asin, ��=�" � � ������ ���m ��������� Page 90of144 rr pry iff, 7,05.06. - Driveways. A. Requirements Generally. Every person, firm, corporation or association that proposes to construct or reconstruct any curb cut or driveway on any County -maintained public road in the unincorporated areas of St. Lucie County shall apply for a permit to be issued by the County Engineer of St. Lucie County, Florida. B. Buildings, Building Regulations. No Certificate of Occupancy or final inspection shall be issued by the Public Works Department until the completed curb cut or driveway has been inspected and approved by the County Engineer. The property owner shall notify the County Engineer upon completion of the curb cut or driveway and at least twenty-four (24) hours prior to the requested inspection. C. Driveway Requirements. 1. The following requirements must be met by any proposed driveway for a one- or two-family dwelling: a. A driveway shall be at least five (5) feet from the side property line. b. Construction of all driveways shall meet specifications for public works construction, as described in Chapter XIII of this Code, and all other applicable County regulations (see Section 7.04.04). C. In the case of corner lots, driveways shall be constructed so that the center line of the driveway is a minimum of twenty (20) feet from the parallel base building line. d. All driveway construction within the street or road right-of-way shall be paved, provided that the street or road to which the connection is being made is paved. e. Construction of all paved driveways on property fronting on an unpaved roadway shall terminate at the right-of-way line. f. The maximum width, at the right-of-way line, for a driveway accessing a one- or two-family dwelling is twenty (20) feet. (FIGURE 7-18 - space reserved for future) 2. The following requirements must be met for all development other than one- or two-family dwellings: a. The following driveway spacing standards shall apply to corner lots having frontage on functionally classified streets, except the intersection of two (2) local streets: (1) Driveways shall be constructed so that the nearest perpendicular edge line of the driveway to the street on which the connection is being made, is a minimum of fifty (50) feet from the parallel base building line, as described in Figure 7-18. (2) The nearest edge of any driveway servicing a residential or non-residential use generating more than three hundred (300) vehicle trips per day, as determined by standard ITE trip generation rates shall be a minimum of one hundred fifty (150) feet from the parallel base building line. b. The maximum width for a one-way driveway shall be twenty (20) feet and forty (40) feet for a two-way driveway. c. The edge of a driveway shall not be less than twenty-five (25) feet from a side property line. d. The nearest perpendicular edges of any two (2) driveways on adjacent properties shall be separated by a minimum of fifty (50) feet. e. The nearest perpendicular edge of any two (2) driveways on the same property shall be separated by a minimum of one hundred fifty (150) feet. Page 93 of 144 f. If any of the following conditions exist as shown on plans for new construction, left turns shall be prohibited from the driveway: (1) In the case of corner lots, the center line of the driveway is less than twenty (20) feet from the parallel base building line. (2) Less than required spacing between driveways. (3) Any use, existing or proposed, located on the property(s), to be served by the driveway under application, that will generate more than fifty (50) vehicle trips per day, shall not be authorized left turn movements to access that driveway unless the nearest edge of the driveway is a minimum of three hundred fifty (350) feet from the parallel base building line. It shall be the responsibility of the person, firm, corporation or association seeking the driveway permit to design and install appropriate measures to prevent left turn movements at this driveway, should the required separation not be met. The County Engineer shall review, and approve of, all proposals to limit these left turn movements in accordance with sound engineering practices. g. On parcels with road frontage of three hundred (300) feet or less, the developer of such parcel shall design access to the property to allow combined access with any adjacent parcel with road frontage of three hundred (300) feet or less in order to meet driveway separation requirements for both parcels, subject to the agreement of all property owners. In cases where combined access is utilized, the provisions of Section 7.05.06(C)(2)(c) shall not be applicable. h. Tapers, deceleration lanes, left -turn lanes, bypass lanes, median modifications or other facilities shall be provided as requested by the County Engineer to protect the safe and efficient operation of an arterial or major collector roadway. i. All driveway construction within the street or road right-of-way shall be paved, provided that the street or road to which the connection is being made is paved. j. Construction of all paved driveways on property fronting on an unpaved roadway shall terminate at the right-of-way line. k. Not withstanding the above requirements, any driveway connection to an undivided arterial or collector roadway, made after August 1, 1990, shall be opposite any existing driveway connection. In the event compliance with this standard is not possible, a minimum offset of one hundred fifty (150) feet, between the nearest edges of the driveways, as measured perpendicular to the street centerline, shall be required. Those roadways or streets with a continuous center left turn lane shall be considered as undivided, for the purpose of this requirement. These requirements shall not apply to any local street driveway connections. D. Culvert Requirements. The following requirements must be met by any proposed driveway culvert: 1. Except as provided in paragraph 2. below, all culvert openings shall be a minimum of fifteen (15) inches equivalent in diameter and a minimum of thirty (30) feet in length. 2. Final culvert size, length and elevation shall be as determined by the County Engineer. 3. All culverts shall end in a mitered end section with collar unless otherwise approved in writing and in advance by the County Engineer. 4. Construction of all culverts shall meet the requirements of Chapter XIII and all other applicable County regulations. Page 94 of 144 I Environmental resources Final report TO: Bethany Grubbs, Planning & Development Services THROUGH: Jennifer McGee, Environmental Regulations Manager Amy E. Griffin, Environmental Resources Director FROM: Brian Arbeiter, Environmental Planner DATE: February 17th, 2021 SUBJECT: Drug & Alcohol Rehab Facility Midway Road (Springs Recovery Center) Variance BA-1202125939 Background The Environmental Resources Department (ERD) is in receipt of the January 29th, 2021 date -stamped submittal from Planning and Development Services. The applicant is seeking approval of a variance to approve the location of the proposed entryway along the northeast portion of Dunn Rd for the Springs Recovery Center. The project is located at the southwest corner of W Midway Rd and NW Dunn Rd in Ft. Pierce and currently consists of one (1) vacant 4.62—acre parcel. The parcel is currently zoned `I' (Institutional). Findings The proposed driveway location will impact one (1) 16" Laurel Oak. Mitigation will be provided at a 2:1 ratio and met by the preservation of other onsite native oak trees, which is consistent with Land Development Code 6.00.05.D. Recommendation ERD has no objection to the proposed variance. Please contact Brian Arbeiter at 772-462-2866 if you have any questions. 1111111111 lllllllllllllllll llllllic E Page 95 of 144 cn (n iS-VN L -IS:H19z,s S'HISZzS= w'0 w LU cn Z>P Z w a '---GH-NASNADHO IIIH,N3SN3LISIHHO W-(]H-NNn(i- Z w o aN-ZIIA1- E2 LU 0- 0 w z w CL 41 0 NNW% U S-JENKINS-RD- No.vynNO I Vn 3: C� 2/ iS nSIZIO, MN ga-A31NOO-AN iS 2:IWOO�M'N v FO. C N - lie 1.1, ae IULb2 n..I. M ■0. o p LL gull m Z ai 0. Q V pa uasua�s!ay� 0 _ Q O o L � �(lltiiiilfl' Gi p21 ui:RnrrQ p2/ uun p MN_ o L.Cs cm .......................: . ..............:........ :•.:::: Z .: M V :::::::':::::::::::':::::::: - -v ..............:.................:.................:.................:........ ro N NW Nev4drk Lri :.::::.:::::... ::::::~.::::.:::...::.z�::..':::.:.;; ::::. M o c E c . co c in In'21 Z•1!/►IaS .,..�:p�l>z.}!n1aS'•.MN:::>':�'::�:�.'°'•:;::�.•���:�:�:>�:��:>:�.;'°'•:;::�.•���:�:�:>�:�':>:�.'°'•:;::�.•���:�:�:>�:�':>:�.'°'•:;::.• a- .,_, OL — , o � U •— :..: S�> o :.........'........:......:........'.............::'........': �aoCLCCL EMIR in ce :.::.z W.:R. .92 L — 3 U M U - L — L 't3 ......................................................................... L CL CL v CL 0) E O E O y i U CU u—< O U U � (J �m cnuQ-000 � z O Q V m m m � M > L TM 04 L � G� a > CO O v W CL U) w w w cn N f CL C. cn N o CD cn Ip "'I'll w LL o �10-m S51�o' L U C AGENDA REQUEST TO: Board of Adjustment PRESENTED BY: Bethany Grubbs, Planner SUBMITTED BY: Planning & Development Services SUBJECT: Brocksmith Subdivision Variance (Quasi -Judicial Item -Board Disclosures) 1. Staff Presentation 2. Board Discussion 3. Applicant Sworn -In Presentation 4. Board Discussion 5. Public Comment 6. Board Discussion/Decision BACKGROUND: ITEM NO. (ID # 2021-51270) DATE: 3/24/2021 RES NO: BOA-2021-004 Petition of Robert Johnson and Peter Hays for a Variance from the provisions of St. Lucie County Land Development Code Section 7.05.02 (Streets) to allow a permanent dead-end street to exceed one thousand (1,000) feet in length. This request proposes a 2,190-foot dead-end cul-de-sac street to access a proposed 7- lot subdivision, to be known as Brocksmith Subdivision within the AG-5 (Agricultural -5) Zoning District. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends denial of the requested as it does not conform to a strict interpretation of the standards of review as set forth in St. Lucie County's Land Development Code Section 10.01.02. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None Page 100 of 144 EXCUSED: None Coordination/Signatures Date: March 18, 2021 Benjamin Balcer, Planning & Development Services Assistant Director Date: March 18, 2021 Katherine Barbieri, Assistant County Attorney III Page 101 of 144 PLANNING ST DEVELOPMENT SER'VICES BOARD Ogg{ ADJUSTMENT MEM RA tJM TO: Board of Adjustment THROUGH: Linda Pendarvis, Planning Manager Kori Benton, AICP, Assistant Planning Manager FROM: Bethany Grubbs, Planner DATE: March 12, 2021 SUBJECT: Petition Robert Johnson and Peter Hays for a Variance from the provisions of the St. Lucie County Land Development Code Section 7.05.02 — Streets, to allow a permanent dead-end street to exceed one thousand (1,000) feet in length. ITEM NO.: 2021-51270 AGENDA 7.C. NO.. Applicant(s): Robert Johnson Peter Hays 8480 Immokolee Road 1520 S. Brocksmith Road Fort Pierce, FL 34951 Fort Pierce, FL 34945 Agent: Darren Guettler, P.E. KMA Engineering & Surveying, LLC 80 Royal Palm Pointe, Suite 401 Vero Beach, FL 32960 Location: East side of Brocksmith Road, approximately one mile south of Orange Avenue. Parcel ID Number: 2317-411-0000-000-1 Project Size: 50.23-acres Zoning District: AG-5 (Agricultural — Idu/5ac) Future Land Use: AG-5 (Agricultural — Idu/5ac) Purpose: The purpose of this Variance is to allow a 2,190-foot permanent dead-end cul-de- sac street to access a proposed 7-lot subdivision. Existing Use: Vacant Utilities: Well and septic systems Page 102 of 144 Board of Adjustment Staff Report Brocksmith Subdivision Variance (BA-1202125932) March 12, 2021 BACKGROUND: The subject property is located on the east side of Brocksmith Road, approximately one mile south of Orange Avenue. The property is zoned AG-5 (Agricultural - ldu/5ac), with a compatible AG-5 (Agricultural - ldu/5ac) future land use designation and is located outside of the County's established Urban Service Boundary (USB). (2018) Site Aerial Variance Request The applicants are seeking to develop a 7-lot subdivision with a single access point on Brocksmith Road. This Variance request proposes a permanent dead-end street to exceed one thousand (1,000) feet in length. This request is to allow a 2,190 feet dead-end street with a cul-de-sac as access for the project, to be known as Brocksmith Subdivision, located within the AG-5 (Agricultural-5) Zoning District. The proposal entails a ranchette-style, agricultural subdivision consisting of seven (7) lots, all with frontage on an internal private street, a fire protection pond, with and accompanying landscape, utility, and drainage improvements. The proposed development will be subdivided as follows: Lot # Lot Size (acres) 1 5.04 2 5.04 3 6.46 4 7.29 5 6.48 6 6.47 7 6.96 Page 103 of 144 Site Plan Excerpt ENVIRONMENTAL REVIEW: Background Board of Adjustment Staff Report Brocksmith Subdivision Variance (BA-1202125932) March 12, 2021 The Environmental Resources Department (ERD) is in receipt of the January 26, 2021, date -stamped submittal from Planning and Development Services (PDS). The applicant is requesting a Variance to allow a permeant private dead- end driveway that exceeds 1,000 linear feet for purposes of egress to the subdivision. This Variance request is under concurrent review for a Minor Site Plan (MNSP-4202025730) to subdivide and propose a ranchette-style, agricultural plat consisting of seven (7) residential lots (Lot 1, 5.04 ac; Lot 2, 5.04 ac; Lot 3, 6.46 ac; Lot 4, 7.29 ac; Lot 5, 6.48 ac; Lot 6, 6.47 ac; Lot 7, 6.96 ac) and a fire protection pond, all with frontage on an internal private drive, and accompanying landscape, utility, and drainage infrastructure. The +/- 50.23-acre parcel is a vacant lot located on the east side of Brocksmith Road, approximately one (1) mile south of the Brocksmith Road/Orange Avenue intersection. Findintis The property is undeveloped with agricultural improvements, specifically, active cattle grazing operations with ditches, which were likely constructed to improve cattle grazing conditions. As such, the groundcover primarily consists of pasture grasses, such as Bahia grass, and other Paspalum species. There are no intact native upland communities onsite; however, there are numerous native cabbage palms, slash pines, and laurel and live oaks meeting mitigation thresholds outlined in LDC 6.00.05.D. A total of five (5) wet prairie wetlands (W-1, +/- 0.63 ac; W-2, +/- 0.19 ac; W-3, +/- 0.09 ac; W-4, +/- 0.32 ac; W-5, +/- 0.48 ac) totaling 1.71 acres are located within the site, all of which were verified in June 2020 by the South Florida Water Management District (SFWMD) as part of Application No. 200617-3705. No impacts are proposed to any of these wetland areas at this time. During the initial field reconnaissance, observations were made for potential presence of listed wildlife species. No gopher tortoises or evidence of their presence was observed onsite; however, it is recommended that a complete survey be conducted on a lot -by -lot basis prior to building permit issuance within the upland areas. A number of avian species have the potential to periodically occur onsite due to foraging opportunities provided by the ditches 3 Page 104 of 144 Board of Adjustment Staff Report Brocksmith Subdivision Variance (BA-1202125932) March 12, 2021 and wetland features, and also the two (2) recognized wood stork rookeries and several wading bird rookeries located within a 20-mile radius of the project site. Recommendation The Environmental Resources Department has no objection to the approval of this Variance. STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for a Variance from the St. Lucie County Land Development Code, the Board of Adjustment shall consider and make the following determinations: 1. The Variance requested arises from conditions that are unique and peculiar to the land, structures, and buildings involved; that the particular physical surroundings, the shape, or topographical condition of the specific property involved would result in unnecessary hardship for the owner, lessee, or occupant, as distinguished from a mere inconvenience, if the Provisions of Chapter 7 are literally enforced; that they are conditions that are not ordinarily found in the same Zoning District, and the conditions are created by the regulations of Chapter 7, of this Code, and not by an action or actions of the property owner or the applicant. The Variance does not arise from conditions that are unique and peculiar to the land and physical surroundings as defined in the St. Lucie County Land Development Code (LDC). Special conditions do not exist that would result in an unnecessary hardship for the owner, lessee, or occupant. The petition does not distinguish the Variance from mere inconvenience. LDC conflict is created by the actions of the property owner and is not based on conditions that are peculiar to land. The property is shaped in a "flag" configuration. The "staff' is approximately 1304-feet, which is uniquely long and narrow before the property widens on the eastern segment of the land, which influence design. However, without the approval of a Variance, the property may be developed by a single user, or less users, which does not prevent enjoyment of the property. The Variance is only needed to develop the property with smaller lots to maximize the site's density. The literal enforcement of the 1,000-foot maximum dead-end road length may be impractical for subdivision of the land as proposed, but the applicant does have control over the number of proposed lots created. The property may still be enjoyed by a single user, or less users, without a Variance. If each lot is proposed with 60-feet of road frontage along Brocksmith Road, an internal private roadway would not be required. The applicant could also design an extension to the private street design to provide for a future connection (east -west) to avoid a permanent dead-end scenario. 2. The granting of the Variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, create a hazard to air navigation, endanger the public safety, or substantially diminish or impair property values within the neighborhood. The granting of the requested Variance is not expected to harm other property or improvements in the neighborhood, nor is it expected to impair an adequate supply of light or air to adjacent public streets, increase the danger of fire, or endanger the public safety, and therefore should have no negative impact on property values. The proposed subdivision is compatible with the surrounding properties. Neighboring Page 105 of 144 properties range from agricultural development. Board of Adjustment Staff Report Brocksmith Subdivision Variance (BA-1202125932) March 12, 2021 to ranchette uses which are consistent with the nature of the proposed Table 7-10 — Lot Size and Dimensional Requirements of the LDC requires a minimum of 60-feet of road frontage for lots within the AG-5 Zoning District. The subject property has approximately 292-feet of road frontage. This is adequate to potentially accommodate four (4) lots, each with access via a private driveway off Brocksmith Road. However, if the properties were developed in such a manner, safety would be a concern. The elongated private roadway allows for all lots to have direct access to an internal street system, minimizing connections and enabling safer ingress and egress. Table 7-10 Lot Size and Dimensional Requirements Min. Min. Minimum Yard Max Zoning Min Lot Max Lot Front Rear Side Side a� District Size (sf) Lot Road Bldg. Coverage width Frontage Corner Height AG-5 (Agricultural- 217,800 ft' 150' 60' 50' 30' 20' 30' 80' 10% I du/5ac) The St. Lucie County Fire District reviews applications for compliance with Fire Code and NFPA (National Fire Protection Association) requirements. These safeguards include, but are not limited to, sufficient turnaround radii and minimum roadway pavement width. Per Fire Code, the minimum acceptable cul-de- sac radius is 50-feet to the edge of pavement and minimum roadway pavement width for two-way traffic shall be 20-feet. These standards will be reviewed through the development review process as the associated Minor Site Plan is evaluated. 3. The Variance requested is the minimum Variance that will make possible the reasonable use of the land, building, or structures. The requested Variance is not the minimum needed to make possible the reasonable use of land, building, and structures that would result in an unnecessary hardship for the property owner. The proposed two-way roadway is needed to maximize the highest and allowable density of the property but is not necessary to make possible the reasonable use of the land. The need for the requested Variance is to facilitate the construction of a private roadway, meeting the minimum road frontage standards outlined in LDC Section 7.04.01, to construct a 7-lot subdivision, maximizing the site's density. Without the granting of this proposed Variance, a residential subdivision could be developed meeting the Code requirements by establishing a less intense development with fewer residential lots, and possibly the same lot quantity with nearly the same sizes, through alternate designs. If a looped style private roadway were to be installed, creating a secondary access point, the requested Variance would not be required as the road is no longer a dead-end design. A second alternate design option would be to provide an easement through Lot 5 for public use for a future east -west connection of Pineapple to the adjacent roadways in the event that they were ever extended providing for connectivity; thus, making the proposed cul-de-sac temporary in nature and not subject to the 1,000-foot permanent dead-end street requirement. 4. The Variance desired will not be opposed to the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan. The Variance desired is not entirely opposed to the general spirit and intent of the St. Lucie County Land Development Code (LDC). The increased dead-end road length is in conflict with Section 7.05.02 of the St. Lucie County Land Development Code. Pursuant to Section 7.05.02, which states, "Permanent dead - Page 106 of 144 Board of Adjustment Staff Report Brocksmith Subdivision Variance (BA-1202125932) March 12, 2021 end streets shall not exceed one thousand (1, 000) feet in length. Cul-de-sacs shall be provided at the end of all dead-end roads or streets". The proposed road width is not in conflict with Section 7.05.03, which states, "local roadways with swale drainage shall have a minimum right-of-way width of 70-feet. The Variance desired is not in conflict with the following St. Lucie County Comprehensive Plan Policies: - Policy 1.1.5.2 - "Require that new development be designed and planned in a manner which does not place an economic burden upon the services and facilities of St. Lucie County "; Policy 1.1.9.1— `All new subdivisions, planned unit developments and site development plans shall be designed to include an efficient system of internal traffic circulation that does not require internal trips or trips ofshort duration to be forced onto the major roadway network"; and Policy 1.1.9.2 - All new subdivisions shall be designed so that all individual lots have direct access to the internal street system, and that any lot or property along the periphery of the development is to be buffered from any major roadway and incompatible land uses ". RECOMMENDATION: Staff has reviewed this petition and determined that it does not conform to the strict interpretation of the standards of review as set forth in St. Lucie County's Land Development Code Section 10.01.02. Staff is, therefore, recommending denial of the requested Variance. Page 107 of 144 Board of Adjustment Staff Report Brocksmith Subdivision Variance (BA-1202125932) March 12, 2021 Suggested motion to recommend approval/denial of this requested variance. 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 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT APPROVE THE PETITION OF ROBERT JOHNSON AND PETER HAYS FOR A VARIANCE FROM THE PROVISIONS OF SECTION 7.05.02 - STREETS, OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO ALLOW A PERMANENT DEAD-END STREET TO EXCEED ONE -THOUSAND (1,000) FEET, 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 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT DENY THE PETITION OF ROBERT JOHNSON AND PETER HAYS FOR A VARIANCE FROM THE PROVISIONS OF SECTION 7.05.02 - STREETS, OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO ALLOW A PERMANENT DEAD-END STREET TO EXCEED ONE -THOUSAND (1,000) FEET, BECAUSE.... (CITE REASON WHY - PLEASE BE SPECIFIC) 7 Page 108 of 144 ST. LUCIE COUNTY Planning & Development Services Department Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 http://www.stlucieco.orc ,I/planning/planning.htm DEVELOPMENT APPLICATION A pre -application conference is recommended prior to main application submittal. Please contact the Planning Division to schedule an appointment. Submittal Type Icheck each that applies Site Plan Rezoning 3 L-i Major Site Plan ❑ Rezoning (straight rezoning) D Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD) ❑ Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment ❑ Major Adjustment to Minor Site Plan Comprehensive Plan Amendment 4 ❑ Major Adjustment to PUD/PNRD/PMUD ❑ Future Land Use Map Change ❑ Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment ❑ Minor Adjustment to Minor Site Plan ❑ Minor Adjustment to PUD/PNRD/PMUD Planned Development ❑ Planned Town or Village (PTV) ❑ Planned Country Subdivision (PCS) ❑ Planned Retail Workplace (PRW) ❑ Prelim. Planned Unit Develop. (PUD) ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Prelim. Planned Non -Res. Develop, (PNRD) ❑ Final Planned Unit Develop. (PUD) ❑ Final Planned Mixed Use Develop. (PMUD) ❑ Final Planned Non -Res. Develop. (PNRD) Conditional Use' Ll Conditional Use ❑ Major Adjustment to a Conditional Use ❑ Minor Adjustment to a Conditional Use Variance 2 1 Administrative Variance ❑ Variance ❑ Variance to Coastal Setback Line Other ❑ Administrative Relief ❑ Class A Mobile Home 5 ❑ Developer Agreement (Submit per LDC 11.08.03) ❑ Power Generation Plants ❑ Extension to Development Order ❑ Historical Designation/Change' Fj Land Development Code Text Amendment 7 F3 Plat ❑ Post Development Order Change ❑ Re -Submittal # B ❑ Shoreline Variance ❑ Stewardships — Sending/Receiving ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Transfer of Development Rights 11 Waiver to LDC/Comp. Plan Requirements ❑ Appeal of Decision by Administrative Official" ❑ Eminent Domain Waiver" Application Supplement Packages 1. Conditional Use 6. Historical Designation/Change 10. Appeal of Decision by 2. Variance 7. LDC Text Amendment Administrative Official 3. Rezoning / Zoning Atlas Amend. 8. Re- Submittal 11. Eminent Domain Waiver 4. Comp. Plan Amendments 9. Waiver to LDC/Comp. Plan 5. Class A Mobile Home Requirements Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). Page I of 6 Revised May 6, 2013 Page 109 of 144 FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Planning Division -- — ---------------- -- Application Type: Variance Supplemental Application Package No.: (Please provide separate fee calculation worksheet for each application type) BASE REVIEW FEE: $ (A) CONCURRENCY FEE: $ (B) ERD REVIEW FEE: $ (C) UTILITIES $ PER ACREAGE CHARGE: $ (D) RESUBMITTAL FEE: (if applicable) $ (E) OTHER $ SUBTOTAL OF BASIC FEES: $ PRE -APPLICATION MEETING FEE: (F) $(—) deduction Receipt No. of Payment: Date of Pre App: BALANCE OF FEES DUE: $ SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code $950-00 — Methodology Meeting (H) (if Applicable) Additional fees will be due if a 31 party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 31d party. Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures". Other fees may be applicable by other external reviewing agencies; i.e. Fire District and proof of payment will be required prior to project approval. Pre -Application Meeting Request Robert Johnson & Peter Hays Applicant Name (Printed) Page 2 of 6 Revised March 15, 2016 nature of Page 110 of 144 Submittal Requirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. All applications must include the following: 1-K Application, completed in black ink, with property owner signature(s) and notary sea[ (I original and 11 copies) Fx_1 Aerial Photograph — property outlined (available from Property Appraiser's office Z Property Deed Fx1 Legal description, in MS Word format, of subject property bd Property Tax Map — property outlined (electronic copy not required) 1x] Survey (24x36) Ox 2 CDs of all documents submitted - with files named according to the Required Naming List, (attached) Concurrency Deferral Affidavit; or Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: Site Plan 24"x36" at a scale of 1 "=50' (12 copies- folded, not rolled) Boundary Survey (24x36) — Signed and Sealed (12 originals) Topographic Survey (24x36) — Signed and Sealed (12 originals) Landscape Plan — Signed and Sealed (12 originals) Traffic Impact Report (TIR) (4 copies) if- o 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) Environmental Impact Report (4 copies) if:(See LDC Section 11.02.09(5)) 0 The property is ten acres or greater o The property, regardless of size, contains a wetland; o The property is identified on the "Native Habitat Inventory for SLC"; o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain; 0 Development on N. or S. Hutchinson Island Development Order Extension Applications only require the following: Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02.06) Updated Traffic Analysis if applicable (4 copies) Approved Resolution or GM Order Final Plats only require 2 CDs (follow specifications above) & 4 copies of the following: Main Application and back up material Approved Site Plan and copy of approved Development Order Plat - Include extra copies of Plat for applicable conditions of approval (3 Original Mylars Needed for Recording) *Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it may invalidate the results of any hearing(s). Page 3 of 6 Revised March 15, 2016 Page 111 of 144 Proiect Information Project Name:, Brocksmith SubdiyLsion Site address: Brocksmith Road, Fort Pierce, FL 34951 Parcel ID Number(s): Parcel ID Number: 2317-411 -0000-000-1 Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on CD) COMMENCE I14OF SECTION 17, TOWNSHIP 35 SOUTH, RANGE, 39 EAST, ST. LUCIE COUNTY, FLORIDA, RUN N 00- 21'37- W, ALONG THE NORTH -SOUTH 1/4 SECTION LINE, A DISTANCE OF 2057.50 FEET, -TO A POINT595.92 FEET SOUTH OF NORTHWEST CORNER OF THE SOUTHEAST 114 OF SAID SECTION 17; THENCE RUN N 89- 38'23' E, A DISTANCE OF 43.50 FEET, TO THE EAST RIGHT- OF-WAY LINE OF BROCKSMITH ROAD AND THE POINT OF BEGINNING; THENCE RUN N 000 21'37" W, ALONG THE SAID FAST RIGHT-OF-WAY LINE, A DISTANCE OF 36150 FEET; THENCE RUN N 89'38'23" E, A DISTANCE Or 1291.45 FEET, TO THE NORTH -SOUTH 114-1/4 SECTION LINE; THENCE RUN N 00' 16'46- W, ALONG -1-14E SAID 1/4-1/4 SECTION LINE, A DISTANCE OF 221.31 FEET, TO THE EAST -WEST 114 SECTION LINE; THENCE RUN S 89' 50'26" F, ALONG THE SAID EAST -WEST 1/4 SECTION LINE, A DISTANCE OF 1286.31 FEET' TO THE WEST RIGHT' -OF -WAY LINE OF NORTH ST, LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 52; THENCE RUNS O(P 11'54" E, ALONG THE SAID WEST" RfGHT -OF-WAY LINE, A DISTANCE OF 1332.15 FLEE THENCE RUN S 89'38'23" W, A DISTANCE OF 1284.39 FEET; TO THE NORTH -SOUTH 114-1/4 SECTION LINE; THENCE RUN N 00' 1646" W, ALONG THE SAID 114-1/4 SE(7rION LINE, A DISTANCE OF 760.00 FEET; THENCE RUN S 89"38'23" W, A DISTANCE OF 1290.94 FEET, TO THE EAST RIGHT-OF-WAY LINE Of BROCKSMITH ROAD AND THE POINT OF BEGINNING; ALL LYING AND BEING IN SECTION 17, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. Property location — Section/Township/Range: Section 171 Township 35S/ Range 39 E Property size — acres: 50.23 Square footage: 2,188,018.8 Future Land Use Designation: AG-5 (Agricultural-1 du/5 ac) Zoning District:— AG-5 (Agricultural-1 du/5 ac Description of project: (Attach additional sheets if necessary) The subject property totals approximately 50.23 +/- acres which is located on S. Brocksmith Road south of Orange Avenue and north of Okeechobee Road in St. Lucie County, Florida. The parcel can be identified as Parcel ID # 2317-411-0000-000-1. The applicant submitted a minor site plan application on June 17, 2020. During this review, the Planning and Development Services Department noted that the proposed driveway would need a variance form SCL LDC 7-05.02(A)(9). The petitioner is proposing 2,130 +/- LF permanent dead-end private driveway with a cul-de-sac. The proposed private driveway exceeds the 1,000 LF allowable dead-end roadway criteria set forth in SCL LDC 7.05.02(A)(9). Type of construction (check all applicableboxes): Total Square Footage: Existing Total Square Footage: Existing N Residential No. of residential units: Existing No. of subdivided lots: Existing Please specify: Number and size of out parcels (if applicable). Page 4 of 6 Revised March 15, 2016 N Proposed: Proposed: Proposed: 7 Proposed: 7 Page 112 of 144 SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW} Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicant Information (Property Developer): Mont Information: Business Name: n1a Business Name: Velcon Engineering.& Survg"n . LLQ Name: -.,..Mr. Robert Johnson, and Mr. Peter Hays Address:— 8480 Imokolee Road, Fort Pierce, FL 34951 (Please use an address that can accept overnight packages) Phone: _(7721-879-0477 Fax: Email: _.darreng@velconfl.com Name: Darren Guettler, P.E. Address: 590 NW Peacock Boulevard Port St. Lucie, FL 34986 (Please use an address that can accept overnight packages) Phone: (772) 879-0477 Fax: Email: darreng@velconfl,com Please note: both applicant and agent will receive all official correspondence on this Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owners signature below shall also serve as authorization for the above appli nt ac ehalf of said property owner. e4 caner Signature Property Owner Name (Printed) Mailing Address: Ir ss* Phone: - . . .. ........... .... 2z)- —9 - If more than one owner, please submit additional pages JtI COUNTY OF , Uvc<-r- ' STATE OF The foregoing instrument was acknowledged before me this.-, '7' day of -IIA6L PC ........ .. , I 2 0.�-, T- by_ who is personally known to me or who has produced as identification. SignatuW of Notary Type or Print Name of Notary Commission Number (Seal) WRICIA X JWKSON ComWui6n#HH07?8$? E*M.';anuxy6,2029 Page 5 of 6 iPol Urded 1�m Duy FO kwim WmW44% Revised March 15, 2016 Page 113 of 144 SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicant information (Property Developer): Business Name: n1a Name: _Mr- Robert Johnson, and Mr- Peter Hays Address: 8480 Imokolee Road. Fort Pierce, -FL 34951 (Please use an address that can accept overnight packages) Phone: _(772) 879-0477 Fax: Email: _ darreng@velconfl.com Agent Information: Business Name: Velcon Engineering & Sury"ing LLQ Name: Darren Guettler, P.E. Address. - 590 NW Peacock Boulevard. Port St. Lucie, FL 34986 (Please use an address that can accept overnight packages) Phone: (772) 879-0477 Fax: Email: darreng@velGonfl.com Please note: both applicant and agent will receive all official correspondence on this Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of allpropertyowners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said property owner. 7 -1 Probldty Owner Signature Property owner Name (Printed) Mailing Address: Phone: If more than one owner, please submit additional pages STATE OFHO( i , J6b COUNTY OF eLkc'l (t" The foregoing instrument was acknowledged before me this 1716 day of JhA N4 _, 20_I,,L__. by — f-le'ter- Ha Lo who is personally known to me or who has produced as identification. C, Signature of Notary Type or Print Name of Notary Commission Number (Seal) PATRICIA A. JOHNWN Commission # HH 077887 Page 5 of 6 Revised March 15, 2016 Page 114 of 144 Required Document NamingLIst All electronically submitted documents must be formatted and named according to the list below. If your submittal includes a document not on the list, the document name shall clearly reflect the content of the submitted document. Document Document Format Required Name on CD Aerial Photograph PDF Aerial pdf Application PDF Application.pd!_____, App :)val Order PDF ApprovalOrder.r)df Architectural Elevations PDF ArchElev.pdf _Boundary / Topographic -a _ Draipaig_q / Stormwqter Plan Easements 1-n-vironmental Impact Report PDF PDF PDF PDF or Word Bounda ' ryTopo.pdf Draina��pdf_,. Easements.pdf E1R.pdf �qrEIR.doc Existing ion Plan PDF Exist(qqCond.pdf -Flood Plain PDF or Word Floodpdf or Flood. Doc Lands�" Plan PDF Lqqdscape.pdf _L_ �al -Word Lht{ng Plan PDF Lighting pdf Mitigation Plan PDF Mitiga Lio�n.pdf Mobile Home Plans PDF or Word MobileHome.odf or MobileHome.doc--- Paving Plan PDF Pavin Permit (External PDF Permitpdf Plat PDF Plat. pdf_or Plat-doc Property Deed Site Plan PDF PDF Dqed.pdf SitePlan.pdf _Traffic Impact Report PDF or Word --TIR.pdf or TIR.doc Tree Survey PDF Tree.pdf Turtle Protection PDF or Word Turtle.pdf or Turtle.doc Utili V Plan PDF Utiliity.p qf Ye )tation Removal ApplicationI PDF _Lyqgetatign.pdf Page 6 of 6 Revised March 15,2016 Page 115 of 144 Velcon Engineering & Surveying, LLC 590 NW Peacock Boulevard, Port St. Lucie, FL, 34986 Ph: 772 / 879-0477 January 25, 2021 Ms. Leslie Olson, AICP, Director St. Lucie County Planning & Development Services Department 2300 Virginia Avenue Ft. Pierce, FL 34982 Subject: Brocksmith Subdivision- Permanent Dead -End Street Variance Minor Site Plan Application County Project Number MNSP-4202025730 Dear Ms. Olson, On behalf of the petitioner/applicant, Velcon Engineering and Surveying is requesting approval of a variance associated with the property located on South Brocksmith Road. Background The subject property totals approximately 50.23 +/- acres which is located on S. Brocksmith Road south of Orange Avenue and north of Okeechobee Road in St. Lucie County, Florida. The parcel can be identified as Parcel ID # 2317-411-0000-000-1. The applicant submitted a minor site plan application on June 17, 2020. During this review, the Planning and Development Services Department noted that the proposed driveway would need a variance form SCL LDC 7.05.02(A)(9). The petitioner is proposing 2,130 +/- LF permanent dead-end private driveway with a cul-de- sac. The proposed private driveway exceeds the 1,000 LF allowable dead-end roadway criteria set forth in SCL LDC 7.05.02(A)(9). The attached application outlines the request for the proposed variance: SLC LDC Section 10.01.04 Requirements 1. Name and address of applicant; RESPONSE: Mr. Robert Johnson, and Mr. Peter Hays 8480 Imokolee Road Fort Pierce, FL 34951 2. Legal description, street address, and lot number and subdivision name, if any, of the property which is the subject of the application; RESPONSE: Parcel ID Number: 2317-411-0000-000-1 Brocksmith Road, Fort Pierce, FL 34951 Brocksmith Subdivision Page 116 of 144 3. The size of the subject property; RESPONSE: 50.23 acres, more or less 4. The variance sought and the Section of this Code from which a variance is requested. Except for non-residential accessory structures in AG-1, AG-2.5 and AG-5, if the application is for one hundred percent (1006) variance from road frontage requirements, proof of recorded legal access shall be furnished with the application; RESPONSE: The Applicant requesting a variance for the 2,130 +/- LF permanent private dead-end driveway proposed a part of Brocksmith Subdivision Minor Site Plan Application. The section of code for the LDC we are seeking relief is 7.05.02(A)(9)" permanent dead-end streets shall not exceed one thousand (1,000) feet in length." 5. The purpose for the requested variance and a statement of the intended development of property if the variance is granted; RESPONSE: The purpose of this proposed variance is to allow for a permeant private dead- end driveway that exceeds 1,000 LF for purposes of egress to the subdivision. 6. A statement of the hardship imposed on the applicant by this Code; a statement setting forth reasons why this hardship is unique to the applicant, and why the same hardship is not imposed on other property in the neighborhood that is similarly situated; a statement of why the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located; a statement of why the variance will not increase traffic, the danger of fire, or impair property values in the neighborhood; a statement of why the proposed variance is the minimum variance that will make possible a reasonable use of the land, building, and structures; and a statement explaining how the proposed variance is consistent with the general spirit and intent of this Code and the St. Lucie County Comprehensive Plan; RESPONSE: See below Supplement 2 responses.. 7. If the variance is sought to erect or increase the height of any structure, to permit the growth of any tree, or to use property in the Airport Zones established in Section 4.00.00, the application shall be accompanied by a written determination from the Federal Aviation Administration (FAA Form 7460) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. RESPONSE: Not Applicable,. Page 117 of 144 Variance Re uirgU]gp s Please find the below Supplement 2 responses which is required as part of this request; 1. l (we) do hereby petition the St. Lucie County Board of Adjustment for the following Variance from the LDC. (State the variance sought and the section from the LDC from which the variance is requested.) RESPONSE: The Applicant requesting a variance for the 2,130 +/- LF permanent private dead-end driveway proposed a part of Brocksmith Subdivision Minor Site Plan Application. The section of code for the LDC we are seeking relief is 7.05.02(A)(9)" permanent dead-end streets shall not exceed one thousand (1,000) feet in length." 2. What is the purpose of the proposed variance and the intended development of the subject property if the variance is granted: RESPONSE: The purpose of this proposed variance is to allow for a permeant private dead- end driveway that exceeds 1,000 LF for purposes of egress to the subdivision. 3. State the specific hardship imposed on the owner by the LDC? RESPONSE: The subject property is located on the East side of South Brocksmith Road and west of Canal 52 Right -of -Way. In order to serve the east side of site a permeant private driveway is being proposed. Since there is no right-of-way on the east side of the property for secondary egress, we are proposing a dead-end driveway with a cul-de-sac. If we cannot build a permeant dead-end private driveway that exceeds 1,000 LF, the east side of the property will be landlocked. 4. State reasons why this hardship is unique to the owner and why other property similarly situated does not suffer from the same hardship. RESPONSE: Unlike other properties located along South Brocksmith Road to the subject property extends from South Brocksmith Road to Canal 52 Right -of -Way. Most of the other sites located along Brocksmith Road do not extend as far to the East or to the West. Furthermore, due to the rural nature of the project, there are no secondary means of egress for the development as you might have in an urban setting. 5. State reasons why this variance will not be injurious to other property and/or improvements in the neighborhood in which the subject property is located. RESPONSE: The variance for the length of the private dead-end access road is required due to the size of the proposed development and the limitation of only one means of egress to the site. It does not have any adverse effect on adjacent property or improvements in the neighborhood as it will be a private driveway for access to the proposed subdivision. Page 118 of 144 6. State reasons why this variance will not increase traffic, the danger of fire, or impair property values in the neighborhood in which the subject property is located. RESPONSE: An (ITE) vehicle trip calculation for the subject site is as follows: Single -Family Detached Housing (210) General Urban/Suburban (Average Rate- Dwelling Units Weekday) =9.44 x 7-Units= 66.08 (Use) 67 Trips/ (Average Rate - Dwelling Units Weekday -Peak Hour Between 7 and 9 a.m.) =0.74 x 7-Units= 5.18 (Use) 6 Trips/ (Average Rate- Dwelling Units Weekday -Peak Hour Between 4 and 6 p.m.) =0.99 x 7-Units= 6.93 (Use) 7 Trips. By code, the proposed subdivision would be considered a small traffic generator and the additional trips would be considered di minims, thus not adversely impact existing traffic in this area. The proposed site will also incorporate a dedicated Fire Protection Pond. The proposed subdivision is consistent with the existing neighborhood. For all of these reasons the variance for the proposed dead- end will not adversely affect property values in the neighborhood. 7. State why this variance is the minimum variance that will make possible a reasonable use of the land, building and structures. RESPONSE: Due to the length of the site and the fact that South Brocksmith Road is the only means of egress, the variance for the extended permanent dead-end road provides the required service to the entire site. We have minimized the dead-end length while allowing access to all the proposed lots. 8. Explain how this proposed variance is consistent with the general spirit of the LDC and the St. Lucie County Comprehensive Plan. RESPONSE: This proposed development meets all of the design criteria referenced in the St. Lucie County Land Development Code as it pertains to a Minor Site Plan. The extended dead-end private road variance is consistent with the land use of AG-5 and the surrounding rural properties. 9. Is this variance request located within a Homeowners or Property Owners Association? RESPONSE: No. 10. Name of Association RESPONSE: N/A. 11. Is there a letter from that association attached? RESPONSE: N/A. Page 119 of 144 Conclusion Based on the above justification and attached information, the petitioner respectfully request approval of the variance. Should you have any comments and or questions regarding the above referenced project, please contact our office at your earliest convenience. Sincerely, Darren Guettler, P.E. Attachments: 1. Site Plan (5) 2. Site Plan CD (1) Page 120 of 144 TRACT 9 LEGAL DESCRIPTION: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, RUN N 00° 21-37" W, ALONG THE NORTH -SOUTH 1/4 SECTION LINE, A DISTANCE OF 2057.50 FEET, TO A POINT 595.92 FEET SOUTH OF NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 17; THENCE RUN N 89° 38' 23" E, A DISTANCE OF 43.50 FEET, TO THE EAST RIGHT-OF-WAY LINE OF BROCKSMITH ROAD AND THE POINT OF BEGINNING; THENCE RUN N 00° 21' 37" W, ALONG THE SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 362.50 FEET; THENCE RUN N 89° 38' 23" E, A DISTANCE OF 1291.45 FEET, TO THE NORTH -SOUTH 1/4-1/4 SECTION LINE; THENCE RUN N 00' 16' 46" W, ALONG THE SAID 1/4-1/4 SECTION LINE, A DISTANCE OF 221.31 FEET, TO THE EAST -WEST 1/4 SECTION LINE; THENCE RUN S 89° 50' 26" E, ALONG THE SAID EAST -WEST 1/4 SECTION LINE, A DISTANCE OF 1286.31 FEET TO THE WEST RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 52; THENCE RUN S 00' 11' S4" E, ALONG THE SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1332.15 FEET; THENCE RUN S 89' 38' 23" W, A DISTANCE OF 1284.39 FEET; TO THE NORTH -SOUTH 1/4-1/4 SECTION LINE; THENCE RUN N 00' 16' 46" W, ALONG THE SAID 1/4-1/4 SECTION LINE, A DISTANCE OF 760.00 FEET; THENCE RUN S 89' 38' 23" W, A DISTANCE OF 1290.94 FEET, TO THE EAST RIGHT-OF-WAY LINE OF BROCKSMITH ROAD AND THE POINT OF BEGINNING; ALL LYING AND BEING IN SECTION 17, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. CONTAINING 50.23 ACRES, MORE OR LESS. Page 121 of 144 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT — SAINT LUCIE COUNTY FILE # 3362520 OR BOOK 3104 PAGE 269, Recorded 06/30/2009 at 03:10 PM Doc Tax: $1050.00 Prepared by_gnd_LqUrn_tq: Frank H Fee, III President Treasure Coast Abstract & Title Insurance Co. 500 Virginia Avenue Suite 200 Fort Pierce, FL 34982 772-461-7190 File Number 09-1072 .Above This Line For Recording Warranty Deed This Warranty Deed made this 26th day of June, 2009, between George Pantuso, a married man, whose post office address is P.O. Box 14049, Fort Pierce, FL 34979, grantor, and Peter B. Hays and Linda W. Hays, as Trustees of and under The Hays Living Trust u/a/d February 209 2004, whose post office address is 1520 S. Brocksmith Rd., Fort Pierce, Fl, 34945, grantee: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO1100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Saint Lucie County, Florida to -wit: An undivided 1/2 Interest in the following described property, See Exhibit "A" attached hereto and made a part hereof. Parcel Identification Number: 2317411-0000-000/1 Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property. Grantor's residence and homestead address is: 3415 South Indian River Drive, Fort Pierce, FL 34982. The Grantee, as trustee, has the full power and authority to protect, conserve, sell, convey, lease, encumber, and to otherwise manage and dispose of said real property pursuant to F.S. 689.071, Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2008, In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written DoubleTimee Page 122 of 144 OR n ral z � o o LL N w W w Z tn w w z 2 F Q w N w o cq w $ z a a o 0 a Cl)3 M < �—oa o ~ Co cn 0 C) oa O J N2 n $ a N w on N w cn w J 86'Z6Z as 0 '0L - U z DO'Lt m �, 00'2Z w w 2 S a w U 0 0 Z LL m J N r^ Ww o N NmU N J Z J w QO N 0 o a F h o z 0 ((n N N U0 N O U N Fo w EX �Z� w Q U a a age a 3 'o o �g o a 0 -- o 0 o s� II Q Oil NO � Z Z -i OU- N Z. w rn w w z w F w rn Ld w o p 0 w O z a a o o w a M U) U Q OCO 0 O J CD Lf) N O in a N w� O Q N 0* W as J ,eszsZ Q co Z. 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In 10 C:) C:) H W-Ilrm- PH I I a I EW I LO /*r, N ' cSl N a N Q o W o 0 L O o 0 LO Cq o M CD. i M O Lo M— N N V" ._ N % p LO ' a cN Q U Q m W cnm N � Q //� V / 111 N V `x O L � � O � U N a Q cli LL 75 (D C� W C14 m m > m 0 o CN a. 04 > C4 a � co(1) Ci) Lr) Q) H Ln =$ Ln u Ln rlj Ln -0 L? 0 U) �o z; o u . u D _j U- < Lr� Text of Ad: 03/10/2021 ST. LUCIE COUNTY BOARD OF ADJUSTMENT PUBLIC HEARING AGENDA March 24, 2021 NOTICE OF PROPOSED VARIANCE REQUEST Notice is hereby given in ac- cordance with Section 11.00.03 of the St. Lucie Coun- ty Land Development Code and in accordance with the Provisions of the St. Lucie County Comprehensive Plan that the following applicant has requested the St. Lucie County Board of Adjustment consider the following re- quest Purpose: Petition of Robert Johnson and Peter Hays for a Variance from the provisions of St. Lu- cie County Land Development Code Section 7.05.02 (Streets) to allow a permanent dead-- end street to exceed one thousand (1,000) feet in length. This request is to al- low a 2,190-foot dead-end cul- de-sac street to access a pro- posed 7-lot subdivision, to be known as Brocksmith Subdivi- sion within the AG-5 (Agricul- tural -5) Zoning District. File Number: BA 1202125932 Location: East side of Brocksmith Road, approxi- mately one mile south of Orange Avenue. Parcel ID: 2317-411-0000-000- 1 The Public Hearing on this item will be held in the Com- mission Chambers, Roger Poi- tras Annex, 3rd Floor, St. Lucie County Administration Build- ing, 2300 Virginia Avenue, Fort Pierce, Florida on Wed- nesday, March 24, 2021 begin- ning at 9:30 a.m. or as soon thereafter as possible. All interested persons will be given an opportunity to be heard. Written comments re- ceived in advance of the pub- lic hearing will also be consid- ered. The public will be able to physically attend this meet- ing, but seating in the Cham- bers will be regulated to com- ply with social distancing pro- tocols. Members of the public that do attend are encour- aged to wear masks or similar devices, which cover the nose and mouth. If residents are concerned about COVID-19 or have health concerns, please refrain from coming to public meetings in person. You can contact Bethany Grubbs, Proj- ect Manager via phone or email as an alternative to making public comments in person. Public comment for upcoming meetings can be submitted several ways: • Email at Grubbsb@stlucieco. org; • Email at publiccomment @stlucieco.org; or • Residents without Internet access can comment by phone at 772-462-1687 and TDD (tel- ecommunications device for the deaf) number at 772-462- 1428. Written comments to the Board of Adjustment should be receivedy the Planning and Development Services De- partment - Planning Division by noon prior to the sched- uled hearing. Comments will be distributed to the board in advance of the meeting and ed the comments comply with the county's rules. Comments received by phone will be ei- ther played at the Board meeting or transcribed in written form provided that the comments comply with the county's rules. The peti- tion file is available for review at the Planning and Develop- ment Services Department — Planning Division offices lo- cated at 2300 Virginia Ave- nue, 2nd Floor, Fort Pierce, Florida during regular busi- ness hours. Please call (772)462-2822 or TDD (772)462-1428 if you have any questions or require addition- al information about this peti- tion. The St. Lucie County Board of Adjustment has the power to authorize variances from the dimensional requirements of the St. Lucie County Land De- velopment Code, in accord- ance with the Provisions of Section 10.01.00, of the St. Lu- cie County Land Development Code The proceedings of the Board of Adjustment are electroni- cally recorded. PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, if a person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verba- tim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued from time to time to a date -certain. Anyone with a disability re- quiring accommodations to attend this meeting should contact the St. Lucie County Risk Manager at least forty- eight (48) hours prior to the meeting at (772)462-1546 or T.D.D.(772)462-1428. BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA /S/ ROBERT LOWE, CHAIRMAN Publish: March 13, 2021 TCN4639555 Page 135 of 144 Anderson (TR), Henry R 1971 S Brocksmith RD Fort Pierce, FL 34945 Public Hearing Date: Wednesday, March 24, 2021 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL. 34982 Meeting Time: 9:30 AM (or soon thereafter) Applicant/Property Owner(s) Robert Johnson 8480 Immokolee Road Fort Pierce, FL 34951 Peter Hays 1520 S. Brocksmith Road Fort Pierce, FL 34945 Agent Darren Guettler, P.E. KMA Engineering & Surveying, LLC 80 Royal Palm Pointe, Suite 401 Vero Beach, FL 32960 Proiect Location East side of Brocksmith Road, approximately one mile south of Orange Avenue. Parcel Identification 2317-411-0000-000-1 Future Land Use AG-5 (Agricultural — 1du/5ac) Zoning District AG-5 (Agricultural — 1du/5ac) Public Hearing Notice Notice of Proposed Variance Request You are receiving this notice because you are a property owner within 500 feet of the proposed petition. Project Description Petition of Robert Johnson and Peter Hays for a Variance from the provisions of St. Lucie County Land Development Code Section 7.05.02 (Streets) to allow a permanent dead-end street to exceed one thousand (1,000) feet in length. This request is to allow a 2,190-foot dead-end cul-de-sac street to access a proposed 7 -lot subdivision, to be known as Brock - smith Subdivision within the AG-5 (Agricultural-5) Zoning District. The St. Lucie County Board of Adjust- ment (BOA) has the power to authorize variances from the dimensional require- ments in accordance with the provisions of Section 10.01.00, of the St. Lucie County Land Development Code. All interested persons will be given an opportunity to be heard. The public will be able to physically attend this meeting, but seating in the Chambers will be regu- lated to comply with social distancing protocols. Members of the public that do attend in person are encouraged to wear masks or similar devices, which cover the nose and mouth. You can contact Bethany Grubbs, Project Manager, via phone or email as an alternative to mak- ing public comments in person. Public comment for upcoming meetings can be submitted several ways: Email: uiM II�a�+,tlVilid ap:a,t or Email: p u,ulllli a;, >i�ii�i ini tllu.0 ,l i` i Residents without access to the internet can comment by phone at 772-462-1687 and TDD (telecommunications device for the deaf) number at 772-462-1428. Writ- ten comments to the Board of Adjust- ment should be received by the Planning and Development Services Department - Planning Division by noon prior to the scheduled hearing. Anyone with a disability requiring ac- commodations to attend this meeting may contact the SLC Community Risk Manager at least 48 hours in advance at 772-462-1546 or TDD 772-462-1428 Further details are available in the Planning and Development Services Department — Planning Division please contact: Staff Bethany Grubbs Tel (772) 462-1687 Email GrubbsB@stlucieco.org Date Mailed March 12, 2021 Page 136 of 144 PLANNING AND DEVELOPMENT (77 SERVICES DEPARTMENT Planning Division Please Return This Form To: St. Lucie County Planning & Dev. Serv. Dept. - Planning Division ATTN: Bethany Grubbs, Project Manager 2300 Virginia Avenue, Ft. Pierce, FL 34982 Email: GrubbsB(a-)_stlucieco.orp or Fax (772) 462-1581 PROPOSED REQUESTED VARIANCE: Petition of Robert Johnson and Peter Hays for a Variance from the provisions of St. Lucie County Project Land Development Code Section 7.05.02 (Streets) to allow a Description: permanent dead-end street to exceed one thousand (1,000) feet in length. This request is to allow a 2,190-foot dead-end cul-de-sac street to access a proposed 7-lot subdivision, to be known as Brocksmith Subdivision within the AG-5 (Agricultural -5) Zoning District. Project Location: East side of Brocksmith Road, approximately one mile south of Oranae Avenue Current Zoning: AG-5 (Agricultural — 1du / 5ac) File No: BA-1202125932 If you wish to comment, please check only one of the three following statements and return no later than Monday, March 22, 2021. Forms returned without a name and address will not be considered. All returned forms are a matter of public record and are available for viewing upon request. Please attach additional pages with comments, if necessary. I AM IN FAVOR OF THE REQUESTED VARIANCE I AM NOT IN FAVOR OF THE REQUESTED VARIANCE I HAVE NO OPINION ABOUT THE REQUESTED VARIANCE I certify that as of the date written below, I am a property owner within 500 feet of the requested Variance. Name (Please Print): Address: Date: Signature: Please call, Bethany Grubbs, Project Manager at (772) 462-1687 if you have any questions. Page 137 of 144 111 CV c 3 C'j 0. C) C14 p CM _0 a) L- pa- laqduieo IL m N� L. m T- > 0 m CD 0 C4 LO cq 0 r o Q) N a) LL I uwjj o cn 0 LE T I T --pe4ozim? U c 0 c Q ML u < u p .0 0 ac z C P(Y�Uulq C:) O 2317-314-0002-000-7 Anderson (TR) Henry R Anderson (TR) Sally C 1971 S Brocksmith RD Fort Pierce FL 34945 2317-431-0000-000-3 GH Modern AG International LLC 5301 Deer Run Dr Fort Pierce FL 34951 2317-500-0001-000-1 Hays (TR) Peter B Hays JR) Linda W 1520 S Brocksmith Rd Fort Pierce FL 34945 2317-500-0003-000-5 Hays Jr Peter B Hays Jody 1720 S Brocksmith RD Fort Pierce FL 34945 2317-411-0000-000-1 Johnson Robert J Hays JR) Peter B 8480 Immokolee RD Fort Pierce FL 34951 2317-314-0001-000-0 Keiser JR) Arthur E Keiser (TR) Belinda M 1900 W Commercial By #130 Fort Lauderdale FL 33309 2317-422-0000-000-5 Lantigua Rolando 2587 E Rd Loxahatchee FL 33470 2317-311-0001-000-1 Lee Jeffery S Lee Susan L 1805 S Brocksmith Rd Fort Pierce FL 34954 2317-243-0010-000-9 Nelson Arthur E Nelson Patricia D 1701 S Brocksmith Rd Fort Pierce FL 34945 2316-222-0001-000-5 NSLRWCD 14666 Orange AVE Fort Pierce FL 34945 2317-311-0010-010-0 Razem Frank Razem Christa 1865 S Brocksmith RD Fort Pierce FL 34945 2316-111-0003-000-8 TIITF/School Board % DEP 3900 Commonwealth Blvd Tallahassee FL 32399 owners mailout.xls Page 139 of 144 AMMY o% I Environmental resources Final report TO: Bethany Grubbs, Planning & Development Services Department THROUGH: Jennifer McGee, Environmental Regulations Manager Amy E. Griffin, Environmental Resources Director FROM: Aimee Cooper, Senior Environmental Planner DATE: February 16, 2021 SUBJECT: Brocksmith Subdivision BA-1202125932 Background The Environmental Resources Department (ERD) is in receipt of the January 26, 2021 date -stamped submittal from Planning and Development Services. The applicant is requesting a variance to allow a permeant private dead-end driveway that exceeds 1,000 LF for purposes of egress to the subdivision. This variance request is under concurrent review for a minor site plan (MNSP-4202025730) to subdivide and propose a ranchette-style, agricultural plat consisting of seven residential lots (Lot 1, 5.04 ac; Lot 2, 5.04 ac; Lot 3, 6.46 ac; Lot 4, 7.29 ac; Lot 5, 6.48 ac; Lot 6, 6.47 ac; Lot 7, 6.96 ac) and a fire protection pond, all with frontage on an internal private drive, and accompanying landscape, utility, and drainage infrastructure. The +/- 50.23-acre parcel is a vacant lot located on the east side of Brocksmith Road, approximately one (1) mile south of the Brocksmith Road/Orange Avenue intersection. Findings The property is undeveloped with agricultural improvements, specifically, active cattle grazing operations with ditches, which were likely constructed to improve cattle grazing conditions. As such, the groundcover primarily consists of pasture grasses, such as Bahia grass, and other Paspalum species. There are no intact native upland communities onsite; however, there are numerous native cabbage palms, slash pines, and laurel and live oaks meeting mitigation thresholds outlined in LDC 6.00.05.D. A total of five (5) wet prairie wetlands (W-1, +/- 0.63 ac; W-2, +/- 0.19 ac; W-3, +/- 0.09 ac; W-4, +/- 0.32 ac; W-5, +/- 0.48 ac) totaling 1.71 acres are located within the site, all of which were verified in June 2020 by the South Florida Water Management District (SFWMD) as part of Application No. 200617-3705. No impacts are proposed to any of these wetland areas at this time. During the initial field reconnaissance, observations were made for potential presence of listed wildlife species. No gopher tortoises or evidence of their presence was observed onsite; however, it is recommended that a complete survey be conducted on a lot -by -lot basis prior to building permit issuance within the upland areas. A number of avian species have the potential to periodically occur onsite due to foraging opportunities provided by the ditches and wetland features, and also the two (2) recognized wood stork rookeries and several wading bird rookeries located within a 20-mile radius of the project site. Recommendation The Environmental Resources Department has no objection to the approval of this variance. Please contact Aimee Cooper at (772) 462-6440 if you have any questions or would like to meet regarding the details of these requirements. 1111111111 �������lllllllllllllllltllllllic E Page 142 of 144 7,05.02. - Streets. A. Generally. Except as otherwise provided in this code, if existing roads or streets are located in adjoining subdivisions, the roads or streets on the new plat shall be so located as to provide an extension and continuation of the existing rights -of -way. All public rights -of -way shall terminate at a property line to provide for their extension to adjacent properties. In a rectangular block layout, all roads and streets should be centered on section lines or the standard subdivision lines of the section, unless otherwise determined inappropriate due to specific site conditions. 3. In curvilinear patterns, the roads or streets shall be located, with respect to the property boundaries, so as to provide a continuity of traffic flow across the property, and such streets shall begin and terminate at street intersections wherever the same are existing. 4. All roads and streets shall be planned in conformity with the Transportation Element of the St. Lucie County Comprehensive Plan. 5. All roads and streets shall intersect at an approximate 5° angle of ninety (90) degrees unless circumstances acceptable to St. Lucie County indicate a need for a lesser angle of intersection. 6. The intersection of any two (2) local roads or streets with a Major Collector or Arterial Roadway shall be separated by a minimum distance of six hundred sixty 660) feet, as measured from centerline to centerline. 7. The right-of-way width shall be increased by at least ten (10) feet on each side of any arterial or major collector road or street for a minimum distance of two hundred (200) feet from its intersection with another arterial or major collector road or street, to permit proper intersection design. 8. Street jogs or centerline offsets between any local street or road with another local street or road, shall be no less than one hundred fifty (150) feet. Permanent dead-end streets shall not exceed one thousand (1,000) feet in length. Cul-de-sacs shall be provided at the end of all dead end roads or streets. The length of a dead-end street shall be measured along the centerline of the street from its point of perpendicular intersection with the centerline of the intersecting street to the end of the dead-end street or roadway. All cul-de-sacs shall have a minimum right-of-way diameter of one hundred (100) feet. If a dead end street is temporary in nature then a temporary cul-de-sac shall be required until the roadway is connected to another street or road. In the center of the cul-de-sac an unpaved island, surrounded by a curb, improved with grass and landscaping that will not interfere with sight distance, may be provided. Center islands shall have a diameter of not less than seventeen (17) feet. 10. All new construction for any arterial or collector street or roadway within the Urban Service Area shall be provided with sidewalks and bicycle paths along one (1) or both sides, as determined by the County Engineer. The County Engineer shall consult the Bicycle/Pedestrian Coordinator, the St. Lucie Metropolitan Planning Organization Bicycle and Pedestrian Plan or other adopted Bicycle and Pedestrian Plan in determining the location of any sidewalk and bicycle facilities. 11. Except as otherwise may be provided in this Code, all arterial and major collector street and roadways shall have a minimum travel lane width of twelve (12) feet. In those instances where an open swale drainage system is utilized, five (5) feet of the required shoulder area shall be paved where practical. 12. All arterial, collector and local streets or roadways, public or private, shall be marked and signed in accordance with Florida Department of Transportation standards. Page 143 of 144 13. Median strips which are part of a dedicated or deeded public right-of-way shall not be utilized for any purpose other than by the County or authorized utility. The placement of any median landscaping shall be in accordance with Florida Department of Transportation specifications. 14. All roadways, exclusive of interior parking and access aisle areas, regardless of ownership, shall be located a minimum of ten (10) feet from any exterior building wall, except for security gate houses or similar security structures located in a private street or road right-of-way. Page 144 of 144