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HomeMy WebLinkAboutBOA Agenda Packet 04.28.2021LuIl BOARD OF ADJUSTMENT AGENDA ST. LUCIE COUNTY Regular Meeting Wednesday, April 28, 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 102 Regular Meeting Wednesday, April 28, 2021 9:30 AM 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF MINUTES A. Approval of the March 24, 2021 BOA Meeting Minutes S. 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. Self -Storage Kings Highway 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 2�14"': Page 2 of 102 Regular Meeting Wednesday, April 28, 2021 9:30 AM 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. Page 3 of 102 .µme 7�5 C r d ri y �. BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA Regular Meeting March 24, 2021 Convened: 9:32 am Adjourned: 11:45 am 1. CALL TO ORDER The meeting was called to order at 9:32 am by Chair Lowe 2. PLEDGE OF ALLEGIANCE Pledge led by Chairman Lowe. Commissioner Mencer led the invocation. 3. ROLL CALL Board Secretary called the roll. Present President Bob Lowe, Board Member Stewart Mencer, Board Member Alexander Tommie, Board Member Kevin Griffin Excused Vice -Chair Derek Foxx 4. APPROVAL OF MINUTES A. Approval of the February 24, 2021 BOA Meeting Minutes RESULT: APPROVE MOVER: Board Member Kevin Griffin SECONDER: Board Member Stewart Mencer AYES: None NAYS: None Page 4 of 102 Board of Adjustment Wednesday, March 24, 2021 9:30 AM EXCUSED: None B. Discussion of January 27, 2021 BOA Minutes Mr. Griffin requested to change does your shed have skids versus the pole barn. Madame secretary clarified already made changes. Mr. Griffin moved to approve. RESULT: APPROVE MOVER: Board Member Kevin Griffin SECONDER: Board Member Stewart Mencer AYES: Bob Lowe, Alexander Tommie, Stewart Mencer, Kevin Griffin NAYS: None EXCUSED: None S. SWEAR IN STAFF MEMBERS Board Secretary swore in SLC staff members: Linda Pendarvis David Hays Bethany Grubbs Kori Benton Kristopher McCrain Jennifer McGee Brian Arbeiter Grant Chambers 6. PUBLIC COMMENTS None. 7. AGENDA ITEMS A. Palmetto Flatts Variance (Quasi -Judicial Item -Board Disclosures) 1. Staff Presentation 2. Board Discussion 2 1 III: �:: p„ Page 5 of 102 Board of Adjustment Wednesday, March 24, 2021 9:30 AM 3. Applicant Sworn -In Presentation 4. Board Discussion S. Public Comment 6. Board Discussion/Decision STAFF PRESENTATION Kris McCrain, Associate Planner with SLC PDS, made presentation. The applicant requests a Variance from Land Development Code Sections 7.05.02 — Streets, and 7.04.01 (Table 7-10) Lot Size and Dimensional Requirements to: Allow a permanent dead-end street to exceed 1,000 feet in length. This request would allow a 2,972 linear foot dead-end street, with a cul- de-sac, as access for a proposed 9 lot subdivision. Went over Public notification, Aerial, Zoning, Survey, Mail Notice Response. The Variance sought does not arise from conditions that are unique and does not qualify as a hardship as defined in the St. Lucie County Land Development Code. Staff is recommending denial of the Variance 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. BOARD DISCUSSION Chairman Lowe requested to view Survey slide again and inquired about the road. Mr. McCrain replied that it is an existing dirt road, but it would be pave. Mr. Griffin inquired if road will be changed. Mr. McCrain replied that it will be paved to meet county standards. He also inquired about the length and where it was measured by. Linda Pendarvis clarified that the measurement is from the road access way from the property line following the linear feet of the proposed road. Mr. Griffin inquired if there were something in the plan that would prevent it from making it straight versus curved. Mr. McCrain replied that possible the wetlands. Chair Lowe inquired about the dotted lines. Mr. McCrain responded that they are the lot lines. Chair Lowe clarified that lot 8 under 1,000 sq. ft., which would then be smaller if straightened. Mr. Mencer inquired regarding drainage for the canal. Mr. Lowe inquired about the SLCFD responses to the roundabout proposed. Mr. McCrain responded that the turnabout was signed off on the radius of the cul-de-sac and there were other conditions stated for the Minor Site Plan. Mr. Griffin inquired from ERD Ms. McGee about the wetland especially in lot 9. Ms. McGee responded that they are requiring a conservation easement be recorded. Mr. Griffin inquired about the lot line through the wetland. Chair Lowe inquired about response and requested virtual comment be read into the record. PUBLIC COMMENT Jon & Kathy LeVasseur, 601 Berger Rd. "I am the landowner at 601 Berger Rd, Jon LeVasseur. I oppose the granting of the variance for its impact on our property. The property has been in my family since the early 80's and the variance would change how we enjoy/use the property. We have been and currently shoot skeet and target practice on the property. We have a berm/back stop for our pistol range that backs up to the north west corner of our property. Possible future homeowners that would buy property in "Palmetto Flatts" would most likely move to stop us from doing what we have done safely for over 25 3 1 p„ Page 6 of 102 Board of Adjustment Wednesday, March 24, 2021 9:30 AM years. When shooting we try to be considerate of our neighbors about noise and times/duration of target practice. If need be, I can be contacted on my cell at 772-216-6171 or via email at "Eden68@aol.com." BOARD DISCUSSION Mr. Griffin wanted clarification on which property it is. Mr. McCrain pointed it out. Mr. Mencer inquired about the firearms allowed in residential. Ms. Barbieri responded that she is not aware of ordinances regarding this. Due to submission time of this comment, I would not be able to respond in this regard. Chairman Lowe inquired if the Site plan has been approved. Mr. McCrain stated that the Variance takes precedence prior to Site plan approval. Mr. Mencer stated that he visited the property. Ms. Barbieri requested disclosures. Disclosures: Mr. Griffin stated that his wife works in ERD but did not speak to her in this regard. None from other board members. APPLICANT/AGENT PRESENTATION No applicant or agent present. PUBLIC COMMENT Joseph Collin, 65 N. FFA Road, inquired about the 500 ft. buffer and how this project would affect his property. Mr. McCrain and Chairman Lowe responded that it would not and explained the process of mail notices for properties within the 500 ft. buffer. BOARD DISCUSSION Mr. Griffin wants to table the discussion to give the county an opportunity for the law concerning shooting ranges in the county. Clarification was requested by Ms. Barbieri for table the item for a date certain. Ms. Pendarvis stated that the next meeting for April 28th. Mr. Tommie inquired why the applicant did not appear today. Mr. McCrain said he did not know the reason. RESULT: TABLE MOVER: Board Member Kevin Griffin SECONDER: Board Member Alexander Tommie AYES: Chair Bob Lowe, Alexander Tommie, Kevin Griffin NAYS: Stewart Mencer EXCUSED: None 4 1 p„ Page 7 of 102 Board of Adjustment Wednesday, March 24, 2021 9:30 AM B. Springs Recovery Center 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 DISCLOSURE Chair Lowe had phone call with Ms. Pendarvis regarding driveway. I•11r_19aa103•9:1ill IIFTAN 0]01 Bethany Grubbs, Planner, St. Lucie County made presentation. Variance request from LDC 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. Went over Public Notice, Mail Notices, Aerial, Zoning. The 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. 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. BOARD DISCUSSION Chair Lowe inquired about the traffic on Midway Road right now. Mr. Chambers does not have that information and it was widened. Ms. Grubbs stated that Kimley-Horn, SLC traffic consultant reviewed request and noted that no future turn lanes or improvements were needed. Mr. Mencer disclosed that he was at the location and thought this would create an issue. Chair Lowe stated that there is room to move the access roadway in another location. Ms. Grubbs confirmed that there is. APPLICANT PRESENTATION The agent, Daniel Sorrow, Cotleur and Hearing Agent was sworn in and made presentation. Explained the purpose of the site. He also explained how the driveways being aligned with the hospice property across from their property is beneficial. He also explained that very little trips associated with the use, employees only with different schedule. The issue is only regarding the left-hand turn and not the location of the driveway. Presented where the 350 ft. access way would be, and it is past the entrance which is not practical. 5 1 III: �:� p„ Page 8 of 102 Board of Adjustment Wednesday, March 24, 2021 9:30 AM BOARD DISCUSSION Chair Lowe inquired about the number beds. The agent responded for approximately 50 beds. Chair Lowe also inquired about number staff. Agent said there will be seven staff per shift about 30 a day. Chair Lowe inquired about the number of people accessing the property. Chair Lowe inquired if the access could change. The agent responded that hospice facility got approved at that location. Mr. Mencer responded that it would have been prior to the additional two lanes on Midway. Mr. Griffin stated that the hospice has been there for a while and the Midway road expansion and is to close. He responds that the entrance is allowed the code says a left-hand turn is not allowed. Mr. Mencer inquired about the 350 ft. Mr. Grant explained that it is for the left-hand turn. Mr. Griffin stated that the left-hand turn is the most dangerous turn a driver makes and Midway has heavy traffic. Mr. Sorrow responded that there is no traffic from Midway into Dunn Rd. Mr. Sorrow also stated that the code states that new driveways must be adjacent to existing driveways. Mr. Tommie explained that as he was in hospice a few days ago. He also worked on the drug and rehab center and had the same arrangement (adjacent driveways) and does not believe that it is a traffic issue. Chair Lowe inquired regarding interpretation of code. Mr. Sorrow replied that the use such as the drug and alcohol facility is not a noted type and therefore not considered. Mr. Mencer inquired about moving the entrance. Mr. Sorrow replied that is an extra expense. Agent requested to have a continuance for when Vice Chair Foxx is in attendance. PUBLIC HEARING None. BOARD DISCUSSION Mr. Mencer stated that he is not in favor of the current proposal. He requested that if the applicant propose a different location, they would not be opposed to a continuance, then. Mr. Tommie expressed that he does not see a significant traffic issue. Mr. Griffin expressed his concern for the safety issue. Chairman Lowe inquired if he could rule today. Ms. Barbieri stated that there is quorum and may be ruled. Mr. Griffin responded that he is not in agreement with a continuance as it is a safety issue. BOARD MOTION Mr. Griffin moved to deny with the condition that the applicant may return with at least some based on evidence, testimony, packet, and the LDC for the left-hand turn. RESULT: DENY MOVER: Board Member Kevin Griffin SECONDER: Board Member Stewart Mencer AYES: Chair Bob Lowe, Stewart Mencer, Kevin Griffin NAYS: Alexander Tommie 6 1 p„ Page 9 of 102 Board of Adjustment Wednesday, March 24, 2021 9:30 AM EXCUSED: None Ms. Grubbs inquired about the fee if part of the conditions. Ms. Barbieri stated that the fees are set by the Board of County Commissioners. C. Brocksmith Subdivision 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 STAFF PRESENTATION Bethany Grubbs, SLC Planner made presentation. Petition from Robert Johnson and Peter Hays is 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. 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. Presentation covered Aerial, Zoning, Public Notice, Mail in Responses. 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. *10L1all 0707kY4l1114MIs] ►1 Chair Lowe inquired if it has been presented to P&Z board. Ms. Grubbs stated that it was not. Mr. Griffin inquired about the opposition letter. PUBLIC COMMENT Natasha N. Parekh Ramsingh on behalf of the firm CC: Mr. and Mrs. Wothers, I have the pleasure of representing Mr. and Mrs. Wothers in regard to the opposition of the above referenced Variance. Mr. and Mrs. Wothers own and reside at 1820 S. Brocksmith Road, Fort Pierce, FL 34945. ("Property') My clients oppose the variance as their Property would have two (2) of the seven (7) proposed lots backyards against my client's south property line requiring a 400-foot privacy fence. The proposed development provides for properties which would have a minimum of two (2) feet higher slabs than my clients. My client's house is only 16" above the crown of the road. The current county code is now 18" thereby, without a culvert, causing water run off across the front of my client's property. The approval of this Variance would impair the intent of the zoning ordinance and be detrimental to the general public welfare by causing flooding on my clients Property. According to St. Lucie County Land Development 7 1 p„ Page 10 of 102 Board of Adjustment Wednesday, March 24, 2021 9:30 AM Code 10.01.02 -Standards for Granting Variances Subsection A. is applicable and states in pertinent part, "The variance requested arises from a condition that is unique and peculiar to the land .... would result in unnecessary hardship for the owner ... as distinguished from a mere inconvenience." In the case at hand there is no unique condition to the land owned by the applicant, and it is not an unnecessary hardship but for a mere inconvenience. In addition, subsection B. is applicable and states in pertinent part, "The granting of the variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located..." The approval of this variance would not only impair my clients use of their Property but also cause consistent flooding thereby impairing the use of my client's Property. Please find attached a picture of the proposed development property after a rainstorm, south of my client's Property. The water depicted in this photograph must travel across my client's driveway to the closest storm drain which is north of my client's driveway to the only culvert which is within 300 yards from my client's Property. Please note the fence in the photograph is my client's Property line. The proposed Variance would exacerbate an already taxed Property. In conclusion, my clients vehemently oppose the approval of the Variance and urge the Fort Pierce Planning Board Members to oppose the Variance as well. Sincerely, Parekh Ramsingh, P.A. Ms. Grubbs stated that the flood zone information provided on the letter is accurate. Mr. Griffin requested photo be presented. APPLICANT PRESENTATION Darren Guettler, Agent, Velcon FL stated he is available to answer question. Stormwater management plan would be prepared during development phase. PUBLIC COMMENT (all sworn in) Justin Akerley, 1865 S. Brocksmith Rd, Ft Pierce FL 34945. Spoke referring to the issues with Brocksmith. Multiple photos presented to show flooding, road issues and traffic. The canals cannot handle the water flooding and almost reaches the door of the home. Expressed history of property of Pete Hays stating that he would not create a subdivision but is now presenting this project. North St. Lucie Water management manages it. Residence have tried many different ways to try and report the issue. Grant Chambers, SLC Public Works, responded that the requirements are that they provide storm water management plan. The agent identified the two canals. They would be using between lot 4 and 5 to drain into the east. Mr. Akerley, responded that all of the canals are controlled by North St. Lucie Water management. 8 1 p„ Page 11 of 102 Board of Adjustment Wednesday, March 24, 2021 9:30 AM Patricia Nelson 1701 S. Brocksmith Rd. Fort Pierce, FL Living on Brocksmith for 18 years. Gone to SLWM and the county. Reservoir on McCarty and 11 mile Rd. that goes into Taylor Creek. So, the water is blocked. Mr. Griffin inquired about the amount of water in feet in her home, present day. Ms. Nelson stated about 3 1/2 feet and she lives across the street living west of the project. She stated that Taylor Creek is the problem. Stated that they spoke to water management and they normally are redirected to North St. Lucie water management. Grant Chamber, SLC responded that it would be water quality. Flooding is done by Patrick Dayan. Mr. Mencer disclosed that he drove by the property. Mr. Tommie inquired of the agent regarding the size of the culvert. Mr. Guettler responded that it would be large. Ms. Barbieri reminded the board that his variance is for the length of the road. Mr. David Hays from Public Works, SLC stated that the plan would be reviewed for best practice and they cannot be adding more to current conditions. Mr. Griffin inquired who the director of the department is, Mr. Hays responded Don West. Carlos Frade, 3000 S Brocksmith Rd. Ft Pierce FL Resident referred to flooding even though built to code. The traffic is another concern. Ariel Dailey, exempt for privacy protection, sees a problem in adding seven homes, plus barns and animals. Brocksmith is in the condition it is in because the surrounding roads are all dirt roads and, therefore, serves as a cut through. Lack of infrastructure. No trash services and internet. Two names on ownership, Mr. Peter Hays not owner which would imply Mr. Hays would probably subdivide the same on the property he owns, which is the concern. Justin Akerley, concerned regarding Mr. Peter Hays expansion of his property as well. Also, the water, regardless of storm water management, would not be fixed. Arthur "Skip" Nelson, 1701 S. Brocksmith Rd. Fort Pierce, FL North Florida water management has been told that nothing could be done, and they report to no one. BOARD MOTION Mr. Mencer made a motion to deny the issue of the variance based on testimony, staff comments and standards of review. RESULT: DENY MOVER: Board Member Stewart Mencer SECONDER: Board Member Kevin Griffin AYES: Chair Bob Lowe, Alexander Tommie, Stewart Mencer, Kevin Griffin 9 1 p„ Page 12 of 102 Board of Adjustment Wednesday, March 24, 2021 9:30 AM NAYS: None EXCUSED: None 8. OTHER BUSINESS Mr. Mencer requests to address the flooding issue via a letter. Mr. Griffin would like to send a letter to county administrator and BOCC. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: 9. ANNOUNCEMENTS APPROVE Board Member Kevin Griffin Board Member Alexander Tommie Bob Lowe, Alexander Tommie, Stewart Mencer, Kevin Griffin None None 10. ADJOURN Meeting Adjourned at 11:45am 10 1 III: a p Page 13 of 102 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: 4/28/2021 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: On March 24, 2021, the Board of Adjustment voted to continue the Variance Petition until the April 28, 2021 Board of Adjustment Public Hearing, in order to allow staff to research the adjacent neighbor's concerns regarding the use of his property to allow for a personal shooting range. The adjacent property owner who previously objected to the Variance Petition has rescinded their objection to the Variance request. RECOMMENDATION: Staff recommends denial of the requested Variance Petition as it does not conform to the strict interpretation of the standards of review set forth in Land Development Code Section 7.05.02 - Streets and Section 10.01.00 - Variances. Page 14 of 102 COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: April 22, 2021 Kori Benton, Assistant Planning Manager Date: April 22 2021 Linda Pendarvis, Planning Manager Date: April 22, 2021 Benjamin Balcer, Planning & Development Services Assistant Director Date: April 23, 2021 Caroline Valentin, Assistant County Attorney Page 15 of 102 arid Se rV i c'��ea a u°»i uir�i iu a iu 131 III i iuV ui s ui C" 11111 M1 IIII..... V11 0 IIIR LJ IIVIII TO: Board of Adjustment THROUGH: Leslie Olson, AICP, Director Linda Pendarvis, Planning Manager FROM: Kris McCrain, Associate Planner DATE: April 21, 2021 SUBJECT: Board of Adjustment's continuance of the Variance Petition of Tindall Holdings II LLC from the March 24, 2021 Public Hearing This Variance Petition of Tindall Holdings H LLC was presented at the March 24, 2021 Board of Adjustment (BOA) public hearing and was continued to the April 28, 2021 public hearing to allow staff to research the additional information requested by the BOA. The variance request is to allow a permanent dead-end street to exceed one thousand (1,000) feet in length. This request seeks to allow a 2,972 linear foot dead-end street with a cul-de-sac to serve a proposed nine (9) lot subdivision, to be known as Palmetto Flatts, within the AG-1 (Agricultural —1) Zoning District. Jon LeVasseur sent an email on March 24, 2021, opposing the request for a Variance due to its impacts to his property. Mr. LeVasseur's property is currently being used for shoot skeet and target practice. Since the Board of Adjustment public hearing Mr. LeVasseur sent an email fonnally withdrawing his opposition. The Board of Adjustment requested information regarding the law governing shooting ranges in residential areas. The St. Lucie County Assistant County Attorney, Katherine Barbieri is researching this matter for the Board of Adjustment. RECOMMENDATION Based on the staff analysis included in BOA Memorandum dated April 28, 2021 staff has determined the petition does not conform to a strict interpretation of the standards of review set forth in Section 10.01.02 of the St. Lucie County Land Development Code. The variance sought does not arise from conditions that are unique and do not qualify as a hardship as defined in the St. Lucie County Land Development Code, and conflicts with the Goals, Objectives, and Policies of the St. Lucie Comprehensive Plan. Staff is recommending denial of the requested Variance Petition to allow a 2,972 linear foot dead-end cul-de- sac street to access a proposed nine (9) lot subdivision. Page 16 of 102 Board Memorandum TO: Board of Adjustment THROUGH: Linda Pendarvis, Planning Manager Kori Benton, AICP, Assistant Planning Manager FROM: Kris McCrain, Associate Planner DATE: April 28, 2021 SUBJECT: Petition of Tindall Holdings 11 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 H LLC 201 Campbell RD Fort Pierce, FL 34945 Agent: Leo Giangrande, PE Giangrande Engineering & Planning 2081 SE Ocean Boulevard Suite IA 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 — I 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 17 of 102 Board of Adjustment Staff Report Palmetto Flatts Variance (BA-9202025836) April 28, 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 18 of 102 Board of Adjustment Staff Report Palmetto Flatts Variance (BA-9202025836) April 28, 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 19 of 102 Board of Adjustment Staff Report Palmetto Flatts Variance (BA-9202025836) April 28, 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 20 of 102 Board of Adjustment Staff Report Palmetto Flatts Variance (BA-9202025836) April 28, 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 21 of 102 Board of Adjustment Staff Report Palmetto Flatts Variance (BA-9202025836) April 28, 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 ". PREVIOUS ACTION: On March 24, 2021, the Board of Adjustment voted to continue the Variance Petition to the April 28, 2021 Board of Adjustment Public Hearing to allow Staff to research the adjacent neighbor's concerns regarding the use of his property for a personal shooting range. RECOMMENDATION: Staff has reviewed this Variance Petition and determined it does not conform to the strict interpretation of the standards of review set forth in St. Lucie County's Land Development Code Section 10.01.02. Staff is, therefore, recommending denial of the requested Variance Petition. Page 22 of 102 Board of Adjustment Staff Report Palmetto Flatts Variance (BA-9202025836) April 28, 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 23 of 102 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 24 of 102 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 25 of 102 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 26 of 102 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 27 of 102 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 28 of 102 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 29 of 102 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 30 of 102 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 31 of 102 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 $1,790.14 ARE BEING PAID UPON RECORDATION OF THIS WARRANTY DEED IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. Palmetto Flatts Variance Maps BA - 9202025836 41 Florida Turnpike -E to ------------ c.---------------- ---------------------------------- ----------------- - gleRd 1-An ----------------- ..... ................. ------------------------------------------------------------------ - ------------------ ---------------- S u b i e C t Property Orange Ave r7 I 4) X d Legend okeec ob Subject Parcel Page 33 of 102 Palmetto Flatts - Variance BA - 9202025836 Zoning '2 � PUD AG-5 A!� RELUEP_-C7ANA:C.RD AR-1 Ilium Q>r LL U7-------- AG-2.5 w AG-1 AG-1 o$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 34 of 102 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 35 of 102 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 36 of 102 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 37 of 102 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 38 of 102 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 39 of 102 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 40 of 102 ........... 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 41 of 102 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 42 of 102 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 43 of 102 (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 44 of 102 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. 4. All roads and streets shall be planned in conformity with the Transportation Element of the St. Lucie County Comprehensive Plan. 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 45 of 102 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 46 of 102 10.01.00. - VARIANCES 10.01.01. - General. A. Authority. Unless otherwise provided for in this Code, the Board of Adjustment shall have authority to grant variances from the dimensional requirements of this Code, in accordance with the standards and procedures set forth in this section. B. Purpose. The purpose of a variance is to provide a mechanism when, owing to special conditions, the literal enforcement of the provisions of this Code would impose upon a landowner unnecessary hardship that can be mitigated without conferring on the applicant any special privilege. C. Initiation. A written petition for a variance is to be initiated by the owner of, or any person having contractual interest in, the property for which relief is sought. 10.01.02. - Standards for Granting Variances. The Board of Adjustment shall not grant a variance unless it shall, in each case, make specific findings of fact based directly upon the particular evidence presented supporting written conclusions that: A. The variance requested arises from a condition that is 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 this Code are literally enforced; that it is a condition that is not ordinarily found in the same zoning district, and the condition is created by the regulations of this Code, and not by an action or actions of the property owner or the applicant; B. 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; C. The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structures; and D. The variance desired will not be opposed to the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan. 10.01.03. - Limitations on Granting Variances. A. Variances shall not be granted that would: 1. Permit a building or structure to have a height in excess of one hundred twenty percent (120%) of that permitted by Table 1 in Section 7.04.00; or permit a lot width or road frontage less than eighty percent (80%) of that permitted by said Table, except: a. In the case of nonconforming lots of record, provided, however, that a variance to construct a permitted or authorized accessory structure on such a lot shall be governed by the provisions of Section 10.00.04; and b. In the AG-1, AG-2.5 and AG-5 Agricultural Districts, road frontage of less than sixty (60) feet may be permitted on parcels of ten (10) acres or more in total area. Page 47 of 102 2. Permit the use of land or a structure contrary to the use provisions of Section 3.01.00; 3. Permit a variance from the provisions of Section 4.01.00 that would authorize any building to have a height in excess of one hundred twenty percent (120%) of the maximum permitted by the particular zone in which it is located or to be in excess of one hundred twenty-five (125) feet, whichever is less. B. A variance to construct an accessory agricultural structure on agricultural property lacking sufficient frontage shall be governed by the provisions of Section 10.01.07. C. A variance from the requirements of Section 7.07.00, Stormwater Management, shall be governed by the provisions of Section 10.01.08. D. A variance from the requirements of Section 7.05.06, Driveways, shall be governed by the provisions of Section 10.01.09. E. A variance from the requirements of Section 6.05.00, Flood Damage Prevention, shall be governed by the provisions of Section 10.01.10. F. No variance from the dimensional requirements of Section 7.00.00, other than variances granted for or in conjunction with a Final Development Order as described under Section 11.02.00, shall be valid for a period longer than twelve (12) months unless a building permit is issued. A variance issued for, or in, conjunction with a Final Development Order as described under Section 11.02.00 shall expire upon the termination of that Final Development Order unless the Final Development Order is extended or otherwise determined to be compliant with the provisions of this Code. 10.01.04. - Procedures for Application. A. Application. An application for a variance shall be filed with the Growth Management Director, accompanied by a non-refundable fee, as established from time to time by the Board of County Commissioners to defray the actual cost of processing the application. The application shall be in such form and shall contain such information and documentation as shall be prescribed from time to time by the Director and shall contain at least the following: Name and address of applicant; Legal description, street address, and lot number and subdivision name, if any, of the property which is the subject of the application; The size of the subject property; 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 (100%) variance from road frontage requirements, proof of recorded legal access shall be furnished with the application; The purpose for the requested variance and a statement of the intended development of property if the variance is granted; 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 Page 48 of 102 consistent with the general spirit and intent of this Code and the St. Lucie County Comprehensive Plan; 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. B. Filing an Application for Approval of ' a Variance. Within twenty (20) days after an application for approval of a variance is submitted, the Growth Management Director shall determine whether the application is complete. If the Director determines that the application is not complete, he shall send a written statement specifying the application's deficiencies to the applicant by mail. The Director shall take no further action on the application unless the deficiencies are remedied. C. Review of the Application. Review by the Growth Management Director. When the Growth Management Director determines an application for approval of a variance is complete, he shall review the application, make a recommendation, and submit it to the Board of Adjustment. Review by the Airport Director and the FDOT. a. 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 Growth Management Director shall determine whether the application for approval of a variance is complete. Once the application is complete, the Director shall furnish a copy of the application to the St. Lucie County Airport Director and to the Florida Department of Transportation Aviation Office, 605 Suwanee Street, MS-46, Tallahassee, Florida, within ten (10) days of the determination of completeness for advice as to the aeronautical effects of the variance. b. Upon receipt of the comments of the Airport Director and the FDOT, the Growth Management Director shall review the application, make a recommendation, and submit it to the Board of Adjustment. If the Airport Director does not respond to the application within fifteen (15) days and the Department of Transportation does not respond within forty-five (45) days after receipt, the Director shall review the application, make a recommendation, and submit it to the Board of Adjustment. 10.01.05. - Action of Board of Adjustment. A. Upon notification that an application for a variance is complete, the Board of Adjustment shall place the application on the agenda of a regularly scheduled meeting for a public hearing in accordance with Section 11.00.03. In reviewing the application for variance approval, the Board of Adjustment shall use the standards in Section 10.01.02. The Board may require the applicant to meet certain conditions before approval of the variance. B. Within a reasonable time of the hearing, the Board of Adjustment shall issue its decision approving, approving with conditions, or denying through resolution the requested variance. C. The Board of Adjustment may place reasonable conditions, limitations, and requirements upon the granting of any variance as may be necessary to ensure compliance with the intent of this Code. Such conditions, limitations, or requirements may be placed on the granting of any variance to prevent or minimize adverse effects upon other property in the neighborhood which might otherwise result from the reductions in standards being requested, including but not limited to conditions, limitations, or requirements on the size, intensity of use, bulk, and location of any structure; landscaping; lighting; Page 49 of 102 the provision of adequate ingress and egress, and the duration of the variance. Such conditions, limitations, or requirements shall be set forth expressly in the resolution granting the variance. D. Any variance from the provisions of Section 4.00.00, Airport Overlay Zone, will be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain, at the owner's expense, such markings and lights as required by F.S. § 333.07(3, in accordance with the standards published in Chapter 14-60, FAC, Rules of the Department of Transportation. if deemed proper by the Board of Adjustment, this condition may be modified to require the owner to permit St. Lucie County at its own expense, to install, operate, and maintain the necessary markings and lights. E. The decision of the Board of Adjustment shall be mailed to the petitioner and filed with the Office of the Growth Management Director in accordance with Section 11.00.04(F). 10.01.06. - Extensions of Variance Approvals. The time limitations imposed on any Variance by Section 10.01.03(F) may be extended by the Board of Adjustment not more than one (1) time, and for not more than twelve (12) months, upon application by the applicant and after a public hearing held in accordance with Section 10.01.05. 10.01.07. - Appeals from the Board of Adjustment. Any person aggrieved by a decision of the Board of Adjustment may, within thirty (30) days after the rendition of such decision, appeal to the courts of the State of Florida for relief in accordance with general law. 10.01.08-10.01.12. - Reserved. 10.01.13. - Administrative Variances to Construct an Accessory Agricultural Structure. A. Application Procedures. A person desiring to construct an accessory agricultural structure on a parcel lacking frontage shall apply for a variance on a form provided by the Public Works Director. An application fee in accordance with Section 11.12.00. The application shall be in such form and contain such information and documentation as shall be prescribed from time to time by the Public Works Director, but shall contain at least the following: a. Name and address of applicant. b. Legal description of the property which is the subject of the application. Size of the subject property. d. Description of the existing agricultural operation. Description of proposed accessory structure and proposed use. f. Proof that the parcel is classified as agricultural land for purposes of ad valorem tax assessment. 4. Within a reasonable period of time not to exceed thirty (30) days after receipt of an application or receipt of additional information pursuant to this Section, the Public Works Director shall examine the application or information and notify the applicant of any apparent errors or omissions, and request such additional information as may be necessary for the processing of the application. Page 50 of 102 Within thirty (30) working days after an application has been determined to be complete, the Public Works Director shall either grant the variance or deny the variance, with reasons clearly stated. Any person aggrieved by a decision of the Public Works Director may within thirty (30) days after the rendition of such decision appeal to the Board of Adjustment pursuant to procedures set forth in Section 11.11.00 of this Code. B. General Standards for Issuance. The Public Works Director shall grant the requested variance if all of the following standards are satisfied: The parcel is classified as agricultural land for purposes of ad valorem tax assessment. The proposed structure will be constructed as a part of an existing productive agricultural operation. The proposed structure and use will be accessory to the already existing agricultural structures and uses. 10.01.14. - Administrative Variances for the Required Minimum Yard Setback Standards. A. For Recreational Vehicle Parks. Application Procedures. a. A person desiring to decrease any required minimum yard setback in any existing Recreational Vehicle Park on the effective date of this Ordinance (Ordinance 94-007) by no more than fifty percent (50%) of the minimum standard shall apply for a variance on a form provided by the Building Code Administrator or his/her designee. b. An application fee in accordance with Section 11.12.00. The application shall be in such a form and contain such information and documentation as shall be prescribed from time to time by the Building Code Administrator or his/her designee, but shall contain at least the following: Name and address of applicant. Legal description of the property which is subject of the application. Size of the subject property. A certified boundary survey for the subject property showing the location of the proposed RV, Mobile Home, or Single Family Residence, along with all setback and distance measurements to all adjacent structures, site improvements and utility services. In those cases where the application submitted is for a variance from the requirements of Section 7.10.16(Q)(2), proof that the existing structure(s) on the adjacent property(ies) is the cause for this application. The applicant must show that the adjacent structure(s) were constructed without the proper Local Government permits or in violation of those permits and as a result of the provisions of Section 7.10.16(Q)(2) has subsequently been granted existing nonconforming status. d. Within a reasonable period of time, not to exceed thirty (30) days after receipt of an application or receipt of additional information pursuant to this Section, the Building Code Administrator or his/her designee shall examine the application or information submitted and notify the applicant of apparent errors or omissions, and request such additional information as may be necessary for the processing of the application. Page 51 of 102 Within thirty (30) working days after an application has been determined to be complete, the Building Code Administrator or his/her designee, shall either grant the variance, grant the variance with conditions or deny the variance with reasons clearly stated. f. Any person aggrieved by a decision of the Building Code Administrator or his/her designee, may appeal the decision within thirty (30) days after the rendition of such decision to the Board of Adjustment pursuant to procedures set forth in Section 11.11.00 of this Code. General Standards for Issuance. The Building Code Administrator or his/her designee, shall grant the requested variance if all of the applicable following standards are satisfied: a. Demonstration that the Recreational Vehicle Park was in legal existence upon the effective date of this Ordinance (Ordinance No. 94-007). b. Demonstration that the existing structure(s) on the adjacent properties have been constructed without, or in violation or, prior permit approvals and that these violations have been granted conforming status consistent with Section 7.10.16(Q)(2) of this Code. Demonstration that the placement of the proposed structure will meet the intent of all separation standards as required for all Recreational Vehicle Parks, Mobile Home parks, any other applicable provision of this Code, or the Florida Building Code, fire code(s) and that the requested variance is the minimum necessary to locate the proposed dwelling unit of the property. d. The literal application of the provisions of Section 7.10.16(Q) will result in an undo hardship on the property owners and would otherwise prohibit the use of the petitioned property as others are used in the surrounding neighborhood. The variance requested will not result in any encroachment into any access/utility easement or other common area. f. The variance requested does not result in an encroachment of any more than fifty percent (50%) into any required yard setback area. g. The variance requested will not conflict with any other provision of this Code. Conditions on Variances. The Building Code Administrator or his/her designee, shall attach such conditions, limitations, and requirements to the variance as are necessary to effectuate the purpose of this section. B. For Mobile Home Parks. Application Procedures. a. A person desiring to decrease any required minimum yard setback in any existing Mobile Home Park by replacing a pre-existing structure after the effective date of this Ordinance (Ordinance 06-013) by no more than two-thirds of the minimum standard shall apply for a variance on a form provided by the Building Code Administrator or his/her designee. b. An application fee in accordance with Section 11.12.00. Except as otherwise provided herein, the application fee shall be waived for completed applications received by the Building Official on or before December 31, 2006. The application shall be in such a form and contain such information and documentation as shall be prescribed from time to time by the Building Code Administrator or his/her designee, but shall contain at least the following: Name and address of applicant. Page 52 of 102 Legal description of the property which is subject of the application. Size of the subject property. A certified boundary survey or a scaled plot plan, as deemed necessary by the Building Code Administrator or his/her designee for the subject property showing the location of the proposed Mobile Home and any accessory structure, or Single Family Residence and any accessory structure, along with all setback and distance measurements to all adjacent structures, site improvements and utility services. d. Within a reasonable period of time, not to exceed thirty (30) days after receipt of an application or receipt of additional information pursuant to this Section, the Building Code Administrator or his/her designee, shall examine the application or information submitted and notify the applicant of apparent errors or omissions, and request such additional information as may be necessary for the processing of the application. e. Within thirty (30) working days after an application has been determined to be complete, the Building Code Administrator or his/her designee shall either grant the variance, grant the variance with conditions or deny the variance with reasons clearly stated. f. Any person aggrieved by a decision of the Building Code Administrator or his/her designee may appeal the decision within thirty (30) days after the rendition of such decision to the Board of Adjustment pursuant to procedures set forth in Section 11.11.00 of this Code. 2. General Standards for Issuance. The Building Code Administrator or his/her designee shall grant the requested variance if all of the applicable following standards are satisfied: a. Demonstration that the Mobile Home Park was in legal existence upon the effective date of this Ordinance (Ordinance No. 06-013). b. Demonstration that the placement of the proposed structure will meet the intent of all separation standards as required for all Mobile Home parks, any other applicable provision of this Code, Florida Building Codes or the fire code(s) and that the requested variance is the minimum necessary to locate the proposed structure on the property. c. Demonstrate that a similar structure existed on the subject property at the proposed location of the new structure on the effective date of this Ordinance (Ordinance No. 06- 013.) d. Demonstration that the placement of the proposed structure, if a mobile home, will not be located closer than ten (10) ft (3 m) side to side, eight (8) ft (2.4 in) end to side, or six (6) ft (1.8 m) end to end horizontally from any other mobile home, manufactured home, single family detached dwelling or community building unless the exposed composite walls and roof of either structure are without openings and constructed of materials that will provide a one -hour fire rating or the structures are separated by a one -hour fire -rated barrier. Demonstration that the placement of the proposed structure, if an accessory structure, if located immediately adjacent to a site line is constructed entirely of materials that do not support combustion and provided that such buildings or structures are not less than three (3) ft (0.9 m) from an accessory building or structure on an adjacent site. An accessory building or structure constructed of combustible materials shall be located no closer than five (5) ft (1.5 m) from the site line of an adjoining site. f. The literal application of the provisions of the Code for required minimum yard setback will result in an undo hardship on the property owners and would otherwise prohibit the use of the petitioned property as others are used in the surrounding neighborhood. Page 53 of 102 g. The variance requested will not result in any encroachment into any access/utility easement or other common area. h. The variance requested will not conflict with any other provision of this Code. 3. Conditions on Variances. The Building Code Administrator or his/her designee shall attach such conditions, limitations and requirements to the variance as are necessary to effectuate the purpose of this section. 10.01.15-10.01.16. - Reserved. 10.01.17. - Administrative Variances from Requirements of Stormwater Management. A. Application Procedures. Upon showing that an increase or decrease in the rate, volume, and quality of surface runoff shall not impact adversely the water resources of the County, any person required to obtain a stormwater permit pursuant to Section 7.07.00 may apply for an administrative variance on a form provided by the County Engineer. 1. An application fee as established by resolution of the Board of County Commissioners shall accompany the application for administrative variance. 2. The application shall be in such form and contain such information and documentation as shall be prescribed from time to time by the County Engineer but shall contain at least the following: a. Name and address of applicant. b. Legal description of the property which is the subject of the application. c. All information and documentation that is required for permit application. d. All information and documentation that will justify the variance. 3. Within a reasonable period of time not to exceed thirty (30) calendar days after receipt of an application or receipt of additional information pursuant to this section, the County Engineer shall examine the application or information and notify the applicant of any apparent error or omission, and request such additional information as may be necessary for the processing of the application. 4. Within thirty (30) working days after an application has been determined to be complete, the County Engineer shall either grant the variance or deny the variance, with reasons clearly stated. 5. Any person aggrieved by a decision of the County Engineer may, within thirty (30) calendar days after the rendition of such decision, appeal to the Board of Adjustment pursuant to Section 11.11.00. B. General Standards for Issuance. The variance requested arises from a condition that is 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 this Code are literally enforced; and the condition is created by the regulations of this Code, and not by an action or actions of the property owner or the applicant. The granting of the variance will not impair or injure other property or improvement in the neighborhood in which the subject property is located or endangered the public safety. The variance granted is the minimum variance that will make possible the reasonable use of the land, buildings, or structures. Page 54 of 102 The variance desired will not be opposed to the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan. 10.01.18-10.01.20. - Reserved. 10.01.21. - Administrative Variances from Requirements of Driveway Regulations. A. The County Engineer may approve variances from any dimensional requirement pursuant to Section 7.05.06, Driveways, provided that no variance shall permit a dimension less than eighty percent (80%) of that required by Section 7.05.06, except that in the case of a lot of record and upon demonstration that no other road frontage or road access exists, a variance permitting one (1) driveway for such lot may be granted. B. The County Engineer shall not approve a variance except upon specific written findings of fact based directly upon the particular facts submitted to him showing that: A literal interpretation of the provisions of this article would deprive the applicant of rights commonly enjoyed by similar properties; The granting of the variance will not be detrimental or injurious to surrounding properties, will not substantially increase traffic congestion and will not endanger the public safety; The variance is the minimum variance that will make possible the reasonable use of the land, building, and structures; and The variance requested arises from a condition that is unique and peculiar to the land involved and that is created by this Code and not by the actions of the property owner. C. An appeal may be initiated by any person aggrieved by a decision of the County Engineer. A Notice of Appeal must be filed with the Board of County Commissioners and the County Engineer within ten (10) days after rendition of such decision. The filing of such notice will require the County Engineer to forward to the Board of County Commissioners any and all records concerning the appeal. The Board of County Commissioners shall consider the appeal at a regularly scheduled meeting within a reasonable time after a notice of appeal is filed. The Board may reverse, affirm, or modify the decision subject to the requirements of subsection 2. 10.01.22-10.01.24. - Reserved. 10.01.25. - Special Provisions Where Variance is sought to Requirements of Flood Damage Prevention. A. Generally. The Board of Adjustment as established by St. Lucie County shall hear and decide appeals and requests for variances from the requirements of Section 6.05.00, Flood Damage Prevention. The Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of Section 6.05.00. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum to preserve the historic character and design of the structure. Page 55 of 102 B. Application Procedures. 1. A person desiring a variance from the requirements of Section 6.05.00, Flood Damage Prevention shall apply for a variance on a form provided by the Floodplain Administrator. 2. An application fee as established by resolution of the Board of County Commissioners shall accompany the application. 3. The application shall be in such form and contain such information and documentation as shall be prescribed from time to time by the Floodplain Administrator, but shall contain at least the following: a. Name and address of applicant. b. Legal description of the property which is the subject of the application. c. Size of the subject property. d. The purpose for the requested variance and a statement of the intended development of property if the variance is granted. e. A statement of the hardship imposed on the applicant by this Code and 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. 4. Within a reasonable period of time not to exceed thirty (30) days after receipt of an application or receipt of additional information pursuant to this Section, the Floodplain Administrator shall examine the application or information and notify the applicant of any apparent errors or omissions, and request such additional information as may be necessary for the processing of the application. 5. Within thirty (30) working days after an application has been determined to be complete by the Floodplain Administrator, he or she shall review the application, make a recommendation, and submit it to the Board of Adjustment. 6. Upon notification that an application for a variance is complete, the Board of Adjustment shall place the application on the agenda of a regularly scheduled meeting for a public hearing in accordance with Section 11.00.03. In reviewing the application for variance approval, the Board of Adjustment shall use the standards in Section 10.01.25(C) below. The Board may require the applicant to meet certain conditions before approval of the variance. 7. Within a reasonable time of the hearing, the Board of Adjustment shall issue its decision approving, approving with conditions, or denying the variance. S. The decision of the Board of Adjustment shall be mailed to the petitioner and filed with the Office of the Floodplain Administrator in accordance with Section 1 L00.04(F). 9. Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk to life and property resulting from the lowest floor being located below the base flood elevation (as high as $25.00 per $100.00 of coverage). 10. Any person aggrieved by the decision of the Board of Adjustment, or any taxpayer may appeal such decision to a court of competent jurisdiction as provided by the Florida Statutes. 11. The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. Page 56 of 102 C. General Standards for Issuance. In passing upon such applications, the Board of Adjustment shall consider all technical evaluations, all relevant factors, all standards specified in Section 6.05.00, and: 1. The danger that materials may be swept onto other lands to the injury of others; 2. The danger to life and property due to flooding or erosion damage; 3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 4. The importance of the services provided by the proposed facility to the community; 5. The necessity to the facility of a waterfront location, in the case of a functionally dependent facility; 6. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; 7. The compatibility of the proposed use with existing and anticipated development; 8. The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area; 9. The safety of access to the property in times of flood for ordinary and emergency vehicles; 10. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and, 11. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. D. Ability to Impose Special Conditions. Upon consideration of the factors listed above and the purposes of Section 6.05.00, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of Section 6.05.00. E. Variances within Designated Floodways. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. F. Conditions for Variances. 1. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 2. Variances shall only be issued upon: a. A showing of good and sufficient cause; b. A determination that failure to grant the variance would result in exceptional hardship; and, C. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (Ord. No. 11-031, Pt. B, 12-20-2011; Ord. No. 12-010, Pt. B, 2-14-2012) 10.01.26-10.01.29. - Reserved. Page 57 of 102 10.01.30. - Request for a Variance from Riverine Shoreline Protection Regulations. A. Request for Variance. Purpose and Intent. The purpose and intent of this section is to define the procedures and standards for granting a variance from Riverine Shoreline Protection Regulations in Section 6.02.02. Procedures. a. A request for variance shall be submitted by the applicant in writing to the Environmental Resources Director, or designee, in a form approved by the Environmental Resources Director and accompanied by a non-refundable fee, as established by the Board of County Commissioners. The request for variance shall include documentation of how the project qualifies for a variance. b. Within twenty (20) business days after an application has been submitted, the Environmental Resources Director shall determine whether the application is complete. If the Director determines that the application is not complete, the applicant will be notified in writing via certified mail of the application's deficiencies. The Director shall take no further action on the application unless the deficiencies are remedied. Within twenty (20) business days of the date the application the Environmental Resources Department shall provide notification by mail to all property owners who own real property directly affected by the proposed action and whose address is known by reference to the latest approved ad valorem tax roll, and to all property owners who own real property within five hundred (500) feet of the property directly affected by the proposed action whose address is known by reference to the latest ad valorem tax rolls. Notices shall be assigned a specific return date, not less than ten (10) calendar days from the date the notice was mailed, in order to be entered into the record for consideration in the variance decision. d. Within forty (40) business days of the date the application is determined complete, Environmental Resources Department staff and Public Works Department staff shall review and provide findings and a recommendation of approval, approval with conditions, or denial of the application to the Environmental Resources Director and the Public Works Director. The recommendation will be based on whether the project meets the Standards for Issuance of a variance from Riverine Protection Regulations (Section 10.01.30.13) and other applicable Land Development Code requirements or Comprehensive Plan policies. e. The Environmental Resources Director and the Public Works Director shall consider the application, findings, staff recommendation and any other information provided by the applicant, public and other interested parties. Within ten (10) working days after receipt of the recommendation from staff the Environmental Resources Director and the Public Works Director shall approve, approve with conditions, or deny the variance request. B. Criteria for Granting a Variance from Riverine Shoreline Protection Regulations. Standards of Review. A Variance from the Riverine Shoreline Protection Regulations in Section 6.02.02 may be granted if the applicant demonstrates to the satisfaction of the Environmental Resources Director that the project meets the following criteria: a. Unnecessary Hardship. Denial of the variance request would result in a hardship for the applicant (versus a mere inconvenience) such as, but not limited to, severe property loss or damage and unsafe conditions. Page 58 of 102 b. Circumstances beyond Control of Applicant. The conditions warranting a variance were created by circumstances, and/or actions beyond the applicant's control. No Adverse Impact to Adjacent Shorelines. Granting the variance will not adversely affect adjacent shorelines or injure other property or improvements in the immediate vicinity. This standard of review is based on physical findings and fact. Facts provided by other interested parties and the public will be given equal consideration. d. No Water Quality Impacts. Granting the variance will not adversely affect water quality or contribute to erosion or siltation of the adjacent waterbody and shorelines. Minimum Necessary. The project is the minimum necessary for reasonable protection and/or use of the land, building, or structures. f. Achieves the General Intent and Purpose of the Land Development Code and Goals, Objectives and Policies in the Comprehensive Plan. Conditions of Approval for Granting a Variance. When granting a variance request, the Environmental Resources Director, and the Public Works Director or designees, may impose conditions, including, but not limited to, limitations on areal extent and scope of the project, restricted use, planting requirements, conservation of additional shoreline buffer and erosion control, etc. which meet the intent and purposes of the Land Development Code and the Goals, Objectives and Policies of the St. Lucie County Comprehensive Plan. C. Expiration and Extension. Expiration. Variances shall be valid for one (1) year from date of issuance, unless a Building Permit is issued. Extension. Applications for a time extension must be made in writing to the Environmental Resources Director a minimum of thirty (30) calendar days prior to expiration of the variance. Variances may only be extended one (1) time for a maximum of twelve (12) months. D. Amendment. A variance from Riverine Shoreline Protection Regulations may be amended, extended, or modified only in accordance with the procedures established for its original approval. E. Appeal. Any party aggrieved by a decision may appeal such decision to the Board of Adjustment pursuant to Section 11.11.01 of this Code. (Ord. No. 13-038. Pt. A. 9-3-2013 : Ord. No. 14-019. Pt. A. 9-16-20141 10.01.31-10.01.34. - Reserved. Page 59 of 102 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 60 of 102 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 61 of 102 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 62 of 102 Palmetto Flatts Variance BA-9202025836 Posted Sign Pictures Page 63 of 102 Page 64 of 102 � �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 Typed or Printed Name of Notary Commission No.: My Commission expires: ST. LUCIE Page 65 of 102 Kristopher McCrain From: eden68@aoLcom Sent: Friday, March 26, 2021 2:19 PM To: Kristopher McCrain Subject: Fwd: BA 9202025836, Palmetto Flatts - Variance SECURITY WARNING: This email originated from outside the County systems. Please show caution when clicking links or opening attachments unless you recognize the sender and know the content is safe. Chris, I have spoken to Wade Tindall about my concerns that I expressed in the email below/previous. He assured me that my concerns would not be a problem now or in the future. With this assurance from Wade Tindall that there would be no current or future problems with our shooting activities, I would like to formally withdraw my opposition to the requested variance. If further clarification is need please do not hesitate to contact me at 772-216-6171. Thank you for your time, Jon LeVasseur -----Original Message ----- From: eden68@aol.com To: McCrainK@stlucieco.org <McCrainK@stlucieco.org>; publiccomment@stlucie.org <publiccomment@stlucie.org> Sent: Wed, Mar 24, 2021 7:47 am Subject: BA 9202025836, Palmetto Flatts - Variance I am the land owner at 601 Berger Rd, Jon LeVasseur. I oppose the granting of the variance for its impact on our property. The property has been in my family since the early 80's and the variance would change how we enjoy/use the property. We have been and currently shoot skeet and target practice on the property. We have a berm/back stop for our pistol range that backs up to the north west corner of our property. Possible future homeowners that would buy property in "Palmetto Flatts" would most likely move to stop us from doing what we have done safely for over 25 years. When shooting we try to be considerate of our neighbors about noise and times/duration of target practice. If need be I can be contacted on my cell at 772-216-6171 or via email at "Eden68@aoLcom." Thank you for your time, Jon & Kathy LeVasseur Page 66 of 102 L."(1 L121 PLANNING Ale!'-" DEVELOPMENT SERVICES DEPARTMENT Please Return This Form To: Planning & Development services Planning Division 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 11 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 I Palmetto Flatts. [_Project Location: 3,000 feet west of FFA Road on North Side of Orange Avenue, Fort Pierce, FL 34945 BA - 9202025836 Z AG-1 (Agricultural — Current Zoning: 1) File No.: 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: Please call, Kristopher McCrain, Project Manager at (772) 462-1265 if you have any questions. Page 67 of 102 planning& Development Please RetL9ftfYWSForrn To: Project Description: Project Location: Current Zoning: 0A LANNING Al� DEVELOPMENL SERVICES DEPARTMENT lmmmmls= St, Lucie County Planning & Dev, Serv. Dept, -Planning Div. ATTN: Kristopher McCrain, Project Manager 2300 Virginia Avenue, Ft. Pierce, FL 34982 Email: McCrait7K@stlucieco.org Fax: (772) 462-1265 PROPOSED REQUESTED VARIANCE: Petition of Tindall Holdings 11 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 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. 3„000 —feet west of FFA Road on" —North Side of Orange Avenue, Fort Pierce, FL 34945 �7 AG-1 (Agricultural — 1) I 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. I Name (Please Print): Address: ,-,Iq "-,) Date: L01 Signature:_ 4L -' Please call, Kristopher McCrain, Project Manager at (772) 462-1265 if you have any questions. Page 68 of 102 I ►: :11 1i z I I, I I L-1 l ItIF1 1, 17111 kill 11rel J J, I =1 k' h i Planning Division Please Return This Form To: St. Lucie County Planning & Dev. Serv. Dept. -Planning Div. plefiriijig & Development ATTN: Kristopher McCrain, Project Manager Seivices 2300 Virginia Avenue, Ft. Pierce, FL 34982 Email: McCrainK@stlucieco.org MAR 2 9 2021 Fax: (772) 462-1265 PROPOSED REQUESTED VARIANCE: Petition of Tindall Holdings 11 Lli 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. -1-his 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: AG-1 (Agricultural — 1) File No... FIBA - 202025836 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 certify that as of the date written below, I am a property owner within 500 feet of the requested Variance. Name (Please Print): Address: cA cu) N- 2 V Date: Signature: Please call, Kristopher McCrain, Project Manager at (772) 462-1265 if you have any questions. Jai ["v'l'11, 1 (J'A 'J, Page 69 of 102 L"'U"c .. x PLANNING AV, v, DEVELOPMENT SERVICES DEPARTMENT Planning Division r,Lp unngfi`I4is Form To: St. Lucie County Planning & Dev. Serv. Dept. -Planning Div. eMce:� 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 AO-1 (Agricultural — 1) File No.: III) 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): e- /') lc. Art C-� f Address: Date: ' 4ceignature: Please call, Kristopher McCrain, Project Manager at (772) 462-1265 if you have any questions. r �h k�, J ('11 1 Page 70 of 102 Kristopher McCrain From: eden68@aoLcom Sent: Friday, March 26, 2021 2:19 PM To: Kristopher McCrain Subject: Fwd: BA 9202025836, Palmetto Flatts - Variance SECURITY WARNING: This email originated from outside the County systems. Please show caution when clicking links or opening attachments unless you recognize the sender and know the content is safe. Chris, I have spoken to Wade Tindall about my concerns that I expressed in the email below/previous. He assured me that my concerns would not be a problem now or in the future. With this assurance from Wade Tindall that there would be no current or future problems with our shooting activities, I would like to formally withdraw my opposition to the requested variance. If further clarification is need please do not hesitate to contact me at 772-216-6171. Thank you for your time, Jon LeVasseur -----Original Message ----- From: eden68@aol.com To: McCrainK@stlucieco.org <McCrainK@stlucieco.org>; publiccomment@stlucie.org <publiccomment@stlucie.org> Sent: Wed, Mar 24, 2021 7:47 am Subject: BA 9202025836, Palmetto Flatts - Variance I am the land owner at 601 Berger Rd, Jon LeVasseur. I oppose the granting of the variance for its impact on our property. The property has been in my family since the early 80's and the variance would change how we enjoy/use the property. We have been and currently shoot skeet and target practice on the property. We have a berm/back stop for our pistol range that backs up to the north west corner of our property. Possible future homeowners that would buy property in "Palmetto Flatts" would most likely move to stop us from doing what we have done safely for over 25 years. When shooting we try to be considerate of our neighbors about noise and times/duration of target practice. If need be I can be contacted on my cell at 772-216-6171 or via email at "Eden68@aoLcom." Thank you for your time, Jon & Kathy LeVasseur Page 72 of 102 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 73 of 102 � � 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 # 2021-51454) S54fo L U C AGENDA REQUEST TO: Board of Adjustment PRESENTED BY: Bethany Grubbs, Planner SUBMITTED BY: Planning & Development Services SUBJECT: Self -Storage Kings Highway 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: 4/28/2021 RES NO: BOA-2021-005 Petition of Wylie Klyce for a Variance from the provisions of St. Lucie County Land Development Code (LDC) 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 Turnpike Feeder Road parallel base building line. This request proposes a full access driveway, with left - turn movements, 176-feet east of the required parallel base building line. The applicant is also requesting a Variance from LDC Section 7.05.06. C. 2. c. to allow the edge of a driveway less than twenty-five (25) feet from a side property line. This request proposes a 10-foot side setback for a driveway to serve a proposed non-residential development, to be known as the Self -Storage Kings Highway. PREVIOUS ACTION: N/A 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 Land Development Code Section 10.01.02; therefore, staff recommends denial. COMMISSION ACTION: Page 78 of 102 RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures 0 -V OAOL4�t dott;t, Date: April 23, 2021 Caroline Valentin, Assistant County Attorney Page 79 of 102 N TO: Board of Adjustment PLANNING & DEVELOPMENT SERVICES BOARD OF ADJUSTMENT M EMORANDtJM THROUGH: Linda Pendarvis, Planning Manager Kori Benton, AICP, Assistant Planning Manager FROM: Bethany Grubbs, Planner DATE: April 13, 2021 SUBJECT: Petition of Wylie Klyce 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 Turnpike Feeder Road parallel base building line and a Variance from LDC Section 7.05.06. C. 2(c) to allow the edge of a driveway less than twenty- five (25) feet from a side property line. ITEM NO.: 2021-51454 AGENDA 7.B. NO.. Applicant: Wylie Klyce Rapid Building Solutions 350 E Crown Point Road Suite 1080 Winter Garden, FL 34787 Agent: Morgan Hampton Common Oak Engineering 1209 Edgewater Drive Suite 100 Orlando, FL 32804 Location: Southeast corner of Turnpike Feeder Road and Miramar Avenue Parcel ID Number: 1313-232-0002-000-1 Project Size: 4.64-acres Zoning District: CG (General Commercial) Future Land Use: COM (Commercial) Purpose: The purpose of this variance is to allow a full access driveway connection to Miramar Avenue Existing Use: Vacant Utilities: St. Lucie County Utilities, Water & Wastewater Services Page 80 of 102 (2018) Site Aerial BACKGROUND: Board of Adjustment Staff Report Self -Storage Kings Highway Variance (BA-3202125999) April 13, 2021 The 4.64-acre undeveloped property is located at the southeast corner of Turnpike Feeder Road and Miramar Avenue. The property is zoned CG (Commercial, General), with a compatible COM (Commercial) Future Land Use designation and are located inside of the Urban Service Boundary (USB). VARIANCE REOUEST The applicant is proposing to develop a self -storage facility. This Variance seeks to allow 1.) a full access driveway connection for a use generating more than 50 vehicle trips per day less than 350 feet from the parallel base building line and 2.) the same driveway to be located less than 25 feet from the side property line to the east. SITE ACCESS REVIEW The self -storage facility use is estimated to generate 197 daily trips, with 71 of those trips estimated to use the proposed full access driveway on Miramar Avenue. Miramar Avenue is a 2-lane undivided roadway with a posted speed of 25 mph. A second full access driveway will be shared with Indrio Crossings Plaza, to the south, on Turnpike Feeder Road (SR 713). Turnpike Feeder Road (SR 713) is a 4-lane divided roadway with a posted speed of 45 mph in the area. Page 81 of 102 Board of Adjustment Staff Report Self -Storage Kings Highway Variance (BA-3202125999) April 13, 2021 Conceptual Site Plan � � o 10' —Pro Property Line Feeder Road BBL tr.r W q Wra aw � Ht� `5 ray � � �. FT 76 Turnpike�' � � � It p Mk IIRACN " amp �'P g uN)pNr�a�mmeau'l PER N o S AEARa M 'pit 6 IFrd WaJuL PEA uE MoanMmANE FROM FIRS Nfd W > Ro r�R r0411 V Wwu�`�.,. ,vz r,.. '� �`� al�t' y r aWm �Wo , Fmk �,Y41 p 1Alt, �y �', µ� rWaE W ro�WiNe� k,,' ea L# KATI10 d W N NE —�6MM. p10 v,V VWW"ARWW V,W Nr N � � �p E qtl � dw � °�"�� �p � � i J�1�^ � o�� H� r �• � � DNA ,� � � ,� � �� ��` TM„ 4 r 0 4 41 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 entirely 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, thus, 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 as additional access is being provided to the south. 3 Page 82 of 102 Board of Adjustment Staff Report Self -Storage Kings Highway Variance (BA-3202125999) April 13, 2021 According to LDC Section 704.04, "Base Building Lines are hereby established from which all front, side, and rear yard setbacks are to be measured. For all thoroughfares in St. Lucie County, the base building line dimension from centerline shall be in accordance with dimensions shown on the Base Building Line Information Chart". The base building line is measured at 65 feet from the center of the Right -of -Way in this location on Turnpike Feeder Road. The existing Right -of -Way varies from approximately 130 feet wide to 290 feet wide in this location. As a result, the base building line (BBL) would then be measured from the Right -of -Way line. The property has 216 feet of frontage on Miramar Avenue. The site does not have enough frontage on Miramar Avenue for a full access driveway in compliance with the LDC. Access is also proposed through a shared access with the shopping center to the south. This non-exclusive cross access easement agreement was secured on March 10, 2021 (OR Book 4572 Page 2421-2429). Right -of -Way Variations 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 values. The proposed project is compatible with the surrounding properties. There is a commercial shopping plaza to the south, freestanding commercial establishments to the northwest, and a gas stations to the north and southwest of the proposed development. LDC Section 7.05.06.C.2(c) requires the edge of a driveway shall not be less than twenty-five feet from a side property line. The intent of this code is to provide adequate separation between driveways on adjacent properties. Page 83 of 102 Board of Adjustment Staff Report Self -Storage Kings Highway Variance (BA-3202125999) April 13, 2021 LDC Section 7.05.06.C.2(f)(3) references the requirement of any use that will generate more than 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 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. Of the approximately 71 daily trips estimated to be dispersed from the proposed driveway, 6 trips are estimated to make left turn movements onto Miramar Avenue towards Turnpike Feeder Road. Existing Roadway Improvements / Circulation Pattern 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 Variance, a Right -in Only driveway could be proposed from Miramar Avenue that would comply with current codes. Also, the driveway could be eliminated, and all trips could be from the joint access to the south. While the requested Variance is not the minimum needed to make possible the reasonable use of the land, building, and structures, the location does promote access off the lower classification roadway. Typically, driveway access would be recommended on the lower classification side road; however, the required 350' separation dimension cannot be met in this instance because the road frontage along Miramar Avenue is only 216.67'. Also, a driveway connection from Turnpike Feeder Road, a State Roadway, may be difficult Page 84 of 102 Board of Adjustment Staff Report Self -Storage Kings Highway Variance (BA-3202125999) April 13, 2021 to attain with the existing northbound, right -turn lane and median that was recently constructed within the last year. Without the granting of this proposed variance, a driveway is still being proposed from the shopping center to the south; however, that would send all 197 trips on that driveway. The proposed secondary access point allows for increased traffic distribution rates and increased clearing times by sending approximately 71 daily trips to the proposed driveway. Shared access promotes synergy between the two commercial developments, which provides connections and directs trips off the higher classification roadway. 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.C.2(c), which states, "The edge of a driveway shall not be less than twenty-five (25) feet from a side property line.". Pursuant to Section 7.05.06.C.2(f)(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 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 proposed location of the driveway is 10 feet from the east property line and 176 feet from the Turnpike Feeder Right -of -Way. The dimensions would be approximately 15 feet short of the minimum requirement for the east property line and 174 feet short of the minimum requirement from Turnpike Feeder Road. The variance desired is not in conflict with the following St. Lucie County Comprehensive Plan Policies: - Policy 2.1.2.3 - Review access driveways and new roadway connections associated with development to assure safety and compatibility with the existing and future roadway network. Impose requirements for conformity, as condition of development approval. Policy 2.2.1.5 - To improve accessibility for all modes of transportation and reduce environmental impacts, encourage all adjacent developments to share common driveways and provide pedestrian interconnections whenever feasible, to reduce the number of driveways on major thoroughfares and potentially reduce enviromnental impacts on Hutchinson Island and other environmentally sensitive areas of'St. Lucie County. 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. If the Board acts to authorize the Variance, staff recommends conditioning the approval to require the shared access connection to the south, securing the dispersed trip distribution as proposed on the Site Plan. Page 85 of 102 Board of Adjustment Staff Report Self -Storage Kings Highway Variance (BA-3202125999) April 13, 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 WYLIE KLYCE 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 TURNPIKE FEEDER ROAD PARALLEL BASE BUILDING LINE AND SECTION 7.05.06.C.2(C) TO ALLOW THE EDGE OF A DRIVEWAY LESS THAN TWENTY-FIVE (25) FEET FROM A SIDE PROPERTY LINE, THAT WILL ALLOW A SIDE SETBACK OF TEN (10) FEET, CONDITIONED UPON THE SHARED ACCESS CONNECTION TO THE SOUTH, SECURING THE DISPERSED TRIP DISTRIBUTION AS PROPOSED ON THE SITE PLAN, 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 WYLIE KLYCE 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 TURNPIKE FEEDER ROAD PARALLEL BASE BUILDING LINE AND SECTION 7.05.06.C.2(C) TO ALLOW THE EDGE OF A DRIVEWAY LESS THAN TWENTY- FIVE (25) FEET FROM A SIDE PROPERTY LINE, THAT WILL ALLOW A SIDE SETBACK OF TEN (10) FEET BECAUSE.... (CITE REASON WHY - PLEASE BE SPECIFIC) 7 Page 86 of 102 Z uj LU 0 0 CL ' w Qo Ej is W 9 w z LLI w le Z :7 q, - Ud a 0 Z 0 Z p pLC w 10 0 0,0.0', 2-. iz o ' U. wz wLLz o z 3Y "DINI co co 10 i 0 zo 0 < �05 z 53 W. Z u > p ZO Z W w 0- ui > LIJ w 0 C, > --j w z z I Z, � ug - �- ----- rs ------ ry----------------- �� � ' -r, are. - __ k ► 1 � �w �,omc S InFLn ,.,..,. 4 r ( \ gi r W 1xip U i.• • if � .^.I �"s ti; N I Ilk Q -_ 1 s a tea,, I At �1 ui 3� a (w { .. MrL4 FSy € BI �- � ��1 a , ` 7-••-. (�) .60'L84 i�) M..84.LS.005 µ+ G (0) M.LL.B'005 Q��v toco co `" yo Sao to 01011 ; a rid `�' °•r n y Ca EDT a $ a \ r �sQ.� 0 m O Text of Ad: 04/14/2021 ST. LUCIE COUNTY BOARD OF ADJUSTMENT PUBLIC HEARING AGENDA April 28, 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 Wylie Klyce for a Variance from the provisions of St. Lucie County Land Development Code (LDC) Section 7.05.06. C. 2. f (3) to allow a driveway with left turn movements to be lo- cated less than 350-feet from the Miramar Avenue parallel base building line. This re- quest proposes a full access driveway, with left -turn movements, 176-feet east of the required parallel base building line. The applicant is also requesting a Variance from LDC Section 7.05.06. C. 2. c. to allow the edge of a driveway less than twenty-five (25) feet from a side property line. This request proposes a 10-foot side setback for a driveway to serve a proposed non-residential development, to be known as the Self -Stor- age Kings Highway. File Number: BA-3202125999 Location: Southeast corner of Turnpike Feeder Road and Miramar Avenue Parcel ID: 1313-232-0002-000- 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, April 28, 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; @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 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 286.0105, 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 DATE: April 17, 2021 Pub April 17, 2021 TCN4691575 Page 91 of 102 u�„ 0 1�1,41117,�I1i! � �iJ1�.1,.11:€ COMPLIANCE WITH POSTING of NOTICE REQUIREMENTS • SIGN AFFIDAVIT STATE OF FLORIDA COUNTY OF �.. Francis Webster being first duly sworn deposes and states: 1. Nam the owner or the wSelf-Storage Kings Highway agent for the project known as for the following petition: File No. MJSP-11202025892 & CU-11202025893 . l hereby certify that l have complied with the notice requirements set forth in Section 11.00.0.E of the St. Lucie County Land Development Code for the April 28,�2021 public hearing to be conducted by the Board of Adjustment 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: K Dated Photo submitted ele I ronically (Nose up) _ E. Dated Photo submitted ele nic Illy (Distant) Further affiant sayeth not. t Signature of Affiant STATE OF FLORIDA COLINTYOF: The foregoing instrument was acknowledged before me this j day of 20 Q , by w ° Said person L is personally known to me, produced a driver's license issued by a state of the United States within the last five () years as identification, or_, produced other identification, to wit Notary Public, State ofr GAIRO. I_. EAUMAN Typed or Printed Name of Notary IL ;;;ram w r.MIR Iw.Ara�gust1� 2023 Commission No.: wrrNa F + r,9s LCPsrI^wulu My Commission expires: I �� Page 94 of 102 Anya Group Inc, 17 W Harbour Isle DR # 405 Fort Pierce, FL 34949 Public Hearing Date: Wednesday, April 28, 2021 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL. 34982 Meeting Time: 9:30 AM (or soon thereafter) Applicant Wylie Klyce Rapid Building Solutions 350 E. Crown Point Road, Suite 1080 Winter Garden, FL 34787 Agent Morgan Hampton Common Oak Engineering 1209 Edgewater Drive, Suite 100 Orlando, FL 32804 Proiect Location Southeast corner of Turnpike Feeder Road and Miramar Avenue Parcel Identification 1313-232-0002-000-1 Future Land Use Com (Commercial) Zoning District CG (Commercial, General) 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. Proiect Description Petition of Wylie Klyce for a Variance from the provisions of St. Lucie County Land Development Code (LDC) 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 Miramar Ave- nue parallel base building line. This re- quest proposes a full access driveway, with left -turn movements, 176-feet east of the required parallel base building line. The applicant is also requesting a Vari- ance from LDC Section 7.05.06. C. 2. c. to allow the edge of a driveway less than twenty-five (25) feet from a side property line. This request proposes a 10-foot side setback for a driveway to serve a proposed non-residential development, to be known as the Self -Storage Kings Highway. 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:or 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 April 16, 2021 Page 95 of 102 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 Wylie Klyce for a Variance from the provisions of St. Lucie County Land Development Code (LDC) 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 Miramar Avenue parallel base building line. This request proposes a full access Project driveway, with left -turn movements, 176-feet east of the required Description: parallel base building line. The applicant is also requesting a Variance from LDC Section 7.05.06. C. 2. c. to allow the edge of a driveway less than twenty-five (25) feet from a side property line. This request proposes a 10-foot side setback for a driveway to serve a proposed non-residential development, to be known as the Self -Storage Kings Hiahway. Project Location: Southeast corner of Turnpike Feeder Road and Miramar Avenue Current Zoning: �[CG (Commercial, General) File No: BA-3202125999 If you wish to comment, please check only one of the three following statements and return no later than Monday, April 26, 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 96 of 102 ParcellD CuOlLastName CuOlFirstName Cu021.astName CuO2FirstName CuOStreetl CuOStreet2 CuOCity CuOstate CuOPostal 1313-231-0000-000-4 Anya Group Inc 17 W Harbour Isle DR 4 405 Fort Pierce FL 34949 1301-601-0062-000-4 Baker Sean S 5003 Green Dolphin ST Fort Pierce FL 34951 1301-601-0060-000-0 Carey Jessica L 7304 Santa Barbara DR Fort Pierce FL 34951 1301-601-0063-000-1 Curtis Christy Curtis Casey 7401 Miramar AVE Fort Pierce FL 34951 1301-601-0046-000-6 Donohoe Judith M 4901 Green Dolphin ST Fort Pierce FL 34951 1301-601-0088-000-2 Fleurant honer DaVance Clairmithe 7301 James RD Fort Pierce FL 34951 1314-141-0001-000-8 FPFWCD 14666 Orange Ave Fort Pierce FL 34945 1313-232-0002-000-1 Freedman Jeffrey 15362 Strathearn DR Apt 12805 Delray Beach FL 33446 1314-144-0000-010-3 Highlands Retail Center LLC 2129 Via Fuentes Vero Beach FL 32963 1301-615-0192-000-7 Joho Properties LLC 2400 S Ocean DR Apt 4200D Fort Pierce FL 34949 1301-615-0187-000-9 Link Forrest 6706 DeLeon Ave Fort Pierce FL 34951 1301-601-0059-000-0 Masiogale Misty E 7402 Santa Barbara DR Fort Pierce FL 34951 1313-232-0001-010-7 MrO nalds USA LLC c/o Behnam Abrishami 4224 SW Rivers End Way Palm City FL 34990 1301-615-0203-000-8 McKenna (TR) Anne M 601 Route 28 Apt 110 Harwich Port MA 02646 1301-601-0044-000-2 Miller(TR) Joseph R 7301 Santa Barbara DR Fort Pierce FL 34951 1313-232-0001-000-4 NORTH KINGS HIGHWAY LLC 975 N Miami Beach BLVD North Miami Beach FL 33162 1301-601-0041-000-1 Raymond Ida L 4904 Lakewood Park DR Fort Pierce FL 34951 1301-601-0087-000-5 Sparks lames P 7302 Miramar AVE Fort Pierce FL 34951 1301-615-0197-000-2 Sunshine Real Estate Holdings LLLP 1650 NW 87th AVE Dural FL 33172-2614 1301-615-0217-000-9 Sunshine Road Development Llc c/o Michael Schlitt 1708 Old Dixie Hwy Ste 101 Vero Beach FL 32960 1301-601-0042-000-8 Sutorks Barbara L Miller Harvey) 4906 Lakewood Park DR Fort Pierce FL 34951 1301-615-0212-000-4 Wrightland Inc 114 Queen Elizabeth CT Hutchinson Island FL 34949 Page 98 of 102 FDOT Florida Department of Transportation RON DESANTIS 3400 West Columercial Boulevard KEVIN J. THIBAULT GOVERNOR Fort Lauderdale, FL 33309 SECRETARY January 11, 2021 THIS PRE -APPLICATION LETTER IS VALID UNTIL — January 11, 2021 THIS LETTER IS NOT A PERMIT APPROVAL Jeremy Anderson Common Oak Engineering 1209 Edgewater Drive Suite 100 Orlando, FL 32804 Dear Jeremy Anderson: RE: Pre -application Review for Category B Driveway, Pre -application Meeting Date: November 12, 2020 St. Lucie County - Ft. Pierce; SR 713; Sec. # 94003; MP: 7.70; Access Class - 3; Posted Speed - 50; SIS - No; Ref. Project: FM 424143.2-Bing Wang -ADD TURN LANE(S) Request: Use existing joint -use right-in/left-inlright-out driveway on the east side of SR 713, adjacent to the southern property line. SITE SPECIFIC INFORMATION Project Name & Address: Self -Storage — 4900 N Kings Highway Applicant/Property Owner: Jeffrey Freedman; Parcel Size: 4.67 Acres Development Size:103,200 SF Self -storage, 43 RV/Boat Canopy Parking WE APPROVE YOUR REQUEST This decision is based on your presentation of the facts, site plan and survey - please see the conditions and comments below. You may choose to review this concept further with the District Access Management Review Committee (AMRC). Conditions: - A minimum driveway length of 100 feet, as measured from the ultimate right-of-way line to the first conflict point shall be provided. If a gate is installed a minimum driveway length of 100 feet is required. - The existing right turn lane shall remain. Comments: • All driveways not approved in this letter must be fully removed and the area restored. • A Drainage Permit is required for any stormwater impacts within FDOT right-of-way (i.e. increased runoff or reduction of existing storage). • The applicant shall donate property to the Department if right-of-way dedication is required to implement the improvements. • Dimensions between driveways are measured from the near edge of pavement to near edge of pavement and for median openings are measured from centerline to centerline unless otherwise indicated. The purpose of this Pre -Application letter is to document the conceptual review of the approximate location of driveway(s) to the State Highway System and to note required improvements, if any. This letter shall be submitted with any further reviews and for permitting. The Department's personnel shall review permit plans for compliance with this letter as well as current Department standards and/or specifications. Final design must consider the existing roadway profile and any impacts to the existing drainage system. Note, this letter does not guarantee permit approval. The permit may be denied based on the review of the submitted engineering plans. Be aware that any approved median openings maybe modified (or closed) in the future, at the sole discretion of the Department. For right-of-way dedication requirements go to: https:Hosp.fdot.gov; click on Statewide Permit News; Scroll down to District 4; Scroll down to Additional Information and Examples and choose Right-of-way Donations/Dedications. Please contact the Access Management Manager - Tel. # 954-777-4363 ore -mail: D4AccessManagement(a.dot.state.fl.us with any questions regarding the Pre -Approval Letter and Permits Office - Tel. # 954-777-4383 with any questions regarding permits. cc: Jonathan Overton, P.E., Nesa Y. Harden File: \\DOTS D4HOFS\Share\Tra nsportatio n Operations\Traffic Operations\Access Management\1 Storage\94003 MP 7.70 SR 713_Self-Storage.docx Date: 2021. Sincerely, 01.11 18:40: 57-05'00' Dalila Fernandez, P.E. District Access Management Manager Pre-Apps and Variance\2020-11-12\4. 94003 MP 7.70 SR 713_Self- www.dot.state.fl.us Page 1 of 1 Page 99 of 102 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: April 7111, 2021 SUBJECT: Self -Storage Kings Highway Variance BA-3202125999 Background The Environmental Resources Department (ERD) is in receipt of the March 22" d, 2021 date -stamped submittal from Planning and Development Services. The applicant is seeking approval of a variance for the proposed location of the driveway on Miramar Avenue, which does not meet minimum side property line/intersection setback requirements. The applicant also seeks approval of a Major Site Plan under concurrent review for the construction of a 103,200 SF three-story self -storage facility with forty-three (43) RV/boat storage stalls, associated parking, and additional site improvements. The project is located at the southeast corner of Turnpike Feeder Rd (S.R. 713) and Miramar Ave in Ft. Pierce and currently consists of one (1) vacant 4.64—acre parcel. The parcel is currently zoned Commercial General (CG) and has a land use code of 1000 — Vacant, Commercial. Findings The proposed variance is not anticipated to result in any adverse environmental impacts. Any proposed developmental impacts are being reviewed through the concurrent Major Site Plan application. 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 100 of 102 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 101 of 102 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 102 of 102