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HomeMy WebLinkAboutBOA Agenda Packet 05.26.2021LuIl BOARD OF ADJUSTMENT AGENDA ST. LUCIE COUNTY Regular Meeting Wednesday, May 26, 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 75 Regular Meeting Wednesday, May 26, 2021 9:30 AM 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF MINUTES A. Approval of the April 28, 2021 BOA Meeting Minutes 5. SWEAR IN STAFF MEMBERS 6. PUBLIC COMMENTS 7. AGENDA ITEMS A. Pallas Office Building Variance (Quasi -Judicial Item -Board Disclosures) 1. Staff Presentation 2. Board Discussion 3. Applicant Sworn -In Presentation 4. Board Discussion 5. Public Comment 6. Board Discussion/Decision 8. OTHER BUSINESS 9. ANNOUNCEMENTS 10. ADJOURN NOTICE: The proceedings of the Board of Adjustment are electronically recorded. PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at a meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an 2 Page 2 of 75 Regular Meeting Wednesday, May 26, 2021 9:30 AM 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 75 .µme 7�5 C r d ri y �. BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA Regular Meeting April 28, 2021 Convened: Adjourned: 1. CALL TO ORDER Board member Alexander Tommie was selected by Board member Stewart Mencer and Board member Kevin Griffin as the Acting Presiding Officer of the meeting in the brief absence of the Chairman and the absence of the Vice -Chairman. Meeting was called to order by the Acting Presiding Officer, Mr. Tommie at 9:45 am. 3. ROLL CALL Madame Secretary called the roll. Present Acting Presiding Officer Alexander Tommie, Board Member Kevin Griffin, Board Member Stewart Mencer Excused Chairman Bob Lowe (arrived at 10 am) Vice -Chair Derek Foxx 2. PLEDGE OF ALLEGIANCE Acting Presiding Officer Alexander Tommie led the pledge of allegiance. 4. APPROVAL OF MINUTES A. Approval of the March 24, 2021 BOA Meeting Minutes RESULT: APPROVE MOVER: Board Member Kevin Griffin Page 4 of 75 Board of Adjustment Wednesday, April 28, 2021 9:30 AM SECONDER: Board Member Stewart Mencer AYES: Alexander Tommie, Stewart Mencer, Kevin Griffin NAYS: None EXCUSED: None Acting Presiding Officer Alexander Tommie 5. SWEAR IN STAFF MEMBERS Madame Secretary swore in SLC Staff as follows: Bethany Grubbs Kristopher McCrain Grant Chambers Linda Pendarvis Kori Benton David Hays 6. PUBLIC COMMENTS None. 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 S. Public Comment 6. Board Discussion/Decision STAFF PRESENTATION Kris McCrain, Associate Planner for SLC, made presentation. Project was continued from the March 24, 2021 BOA meeting. Variance Petition from Land Development Code Section 7.05.02 — Streets 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 S- lot subdivision. Kris went over Public Notice, Aerial, Zoning, Survey, and Mail Notice. The 2 1 III: �:� p„ Page 5 of 75 Board of Adjustment Wednesday, April 28, 2021 9:30 AM 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 DISCLOSURES None. BOARD DISCUSSION Mr. Griffin inquired about the LDC code as per the project. Mr. McCrain responded that the dead-end road should exceed 1,000 feet in length. Mr. Mencer clarified that we wanted an extension because of the skeet shooting concerns brought up in the previous BOA meeting and whether or not that was permitted in the county. Acting Presiding Officer Alexander Tommie requested that the email provided by Mr. McCrain for public comment be read into the record. VIRTUAL PUBLIC COMMENTS Madame Secretary read the emailed comment into the record. 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 601 Berger Rd LEGAL Assistant County Attorney Caroline Valentin, the county is preempted from governing on recreational firearm use. Does not mean that the state would not have other regulations as per when this can be done, the county would not however, not permit to regulate this. Mr. Griffin clarified the question, objection is whether or not the board can make a rule regarding developments in this area with this safety issue. Mr. Benton, SLC Planning Assistant Manager, clarified that this variance is explicitly for the lengthening of the road. Whether the area is residential in nature and not exceed county's allowable density to allow for private recreational firearm use. Mr. Griffin replied that this issue was presented before them as a safety concern and should be taken into consideration. Mr. Mencer stated that 3 1 III: �:� p„ Page 6 of 75 Board of Adjustment Wednesday, April 28, 2021 9:30 AM residential are moving west and have already approved this with previous requests. Mr. Tommie inquired of Ms. Valentin if there is a public safety committee responsible for issues like this? Ms. Valentin responded that the public safety concerns, based on research, are taken at state level. Mr. Griffin was concerned for future residents and requested evidence. Chairman Lowe arrived at 10 am. Mr. Tommie would like to have concerns to be sent to BOCC. Chair Lowe inquired about the appeal process. Assistant County Attorney, Ms. Valentin replied that it would be appealed Circuit Court. Mr. Benton brought to the attention of the board that there is a right of way dedication to the right of the property that would separate the two properties further. APPLICANT PRESENTATION Wade Tindall, 6381 Peterson Rd. Fort Pierce, FL 34947. Applicant is not selling; it is for his and his brother's children. Had the potential to build more homes and having greater density. Arm safety issue is present in the area. BOARD DISCUSSION Mr. Griffin responded that it is a safety issue brought up by a neighbor. Mr. Lowe inquired regarding the location of the lot for the shooting range. Mr. Tindall showed them on the aerial and clarified that it is not a residence. Assistant County Attorney Caroline Valentin clarified that it is for recreational issue and the board is to consider the granting of the road extension and whether that would have an impact of public safety. Mr. Griffin inquired about Campbell Rd. extension 40 ft. of the property. Mr. Griffin inquired if it would intercept with the property in question. Mr. Tindall clarified that it is. PUBLIC COMMENT None. BOARD DISCUSSION Mr. Tommie added regarding the road extension and that during that acquisition the county will have to pass through that gun range. BOARD MOTION Mr. Mencer made the following motion to approve the variance: 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, 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 the concerns that were raised were real but that the board is not responsible for. 4 1 p„ Page 7 of 75 Board of Adjustment Wednesday, April 28, 2021 9:30 AM RESULT: APPROVE MOVER: Board Member Stewart Mencer SECONDER: Board Member Alexander Tommie AYES: Chair Bob Lowe, Alexander Tommie, Stewart Mencer, Kevin Griffin NAYS: None EXCUSED: None 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 S. Public Comment 6. Board Discussion/Decision STAFF PRESENTATION Bethany Grubbs, Planner, SLC. made presentation. The variance from Land Development Code Sections 7.05.06.C.2(f)(3) and 7.05.06.C.2(c) — Driveways, to allow: 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: 176 ft.; and 2.) The same driveway to be located less than 25 feet from the eastside property line: 10ft. Presentation included, Public Notice, Aerial, proposed Site Plan, and Mail Notice responses. 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. 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. BOARD DISCUSSION Mr. Lowe inquired about the mail in responses. Ms. Grubbs responded that there were no written responses just checked the boxes. Mr. Mencer requested that Ms. Grubbs to repeat the condition if approved and why. Ms. Grubbs responded that it alleviated that trips off of Miramar Avenue as more trips would be added for turning left. Grant Chambers, Public Works, added that although the south access is secured, we would want to avoid all trips going to that left turn in the future. Mr. Griffin inquired regarding the mailed notices for nearby residences. Ms. Grubbs showed the radius map for reference. Mr. Griffin also inquired on how notices were sent, and Ms. Grubbs responded USPS regular mail. She also noted that the applicant hosted a neighborhood meeting in compliance with concurrent site plan application, and only one neighbor attended. 5 1 p„ Page 8 of 75 Board of Adjustment Wednesday, April 28, 2021 9:30 AM APPLICANT PRESENTATION Jeremy Anderson, 1201 Edgewater Drive, Orlando FL 32804. Engineer of the project. Mr. Anderson made presentation to include location, project description, trip generation and variance request information. BOARD DISCUSSION Mr. Griffin inquired about the first and second variance and Ms. Grubbs pointed to it on the presentation aerial. Mr. Mencer inquired about the traffic report process. Mr. Griffin inquired about lights into the nearby residence and regarding notice, Ms. Grubbs confirmed listing of mailing to the residences in question and clarified that the LDC does not require certified mailing. Chair Lowe inquired about emergency access. Ms. Grubbs responded that there are no issues with fire district. BOARD MOTION Mr. Tommie made a motion to approve as follows: 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 there is no additional road blockage and the extension of the intersection between Turnpike Feeder Rd and Miramar Ave. RESULT: APPROVE MOVER: Board Member Alexander Tommie SECONDER: Board Member Stewart Mencer AYES: Chairman Bob Lowe, Alexander Tommie, Stewart Mencer NAYS: Kevin Griffin EXCUSED: None 8. OTHER BUSINESS 9. ANNOUNCEMENTS 6 1 III: �: p„ Page 9 of 75 Board of Adjustment Wednesday, April 28, 2021 9:30 AM 10. ADJOURN Motion to adjourn by Mr. Mencer Seconded by Mr. Griffin at 11:07am. 7 1 III: �� p„ Page 10 of 75 S51�o' L U C AGENDA REQUEST TO: Board of Adjustment PRESENTED BY: Tahir Curry, Associate Planner SUBMITTED BY: Planning & Development Services SUBJECT: Pallas Office Building Variance (Quasi -Judicial Item -Board Disclosures) 1. Staff Presentation 2. Board Discussion 3. Applicant Sworn -In Presentation 4. Board Discussion 5. Public Comment 6. Board Discussion/Decision BACKGROUND: ITEM NO. (ID # 2021-51557) DATE: 5/26/2021 RES NO: BOA-2021-007 The request of Abraham Chabab, PE, on behalf of TD Enterprises FP LLC, for a Variance from the provisions of Sections 7.05.06.C.2 & 7.06.02.13 of the St. Lucie County Land Development Code to: 1) Construct a vehicular use parking area 5 feet into the required fifteen (15) foot front landscape buffer along the right-of-way. 2) Provide a 24-foot access aisle instead of the required 26-foot access aisle for a two-way driveway of a 90 degree angled parking. 3) Construct a driveway 20 feet into the required 25-foot side yard setback. 4) Construct a driveway twelve (12) feet from an adjacent driveway, less than the minimum 50 feet separation requirement. The applicant is proposing to redevelop the subject site for use as a commercial office with associated site improvements and landscaping. Page 11 of 75 PREVIOUS ACTION: On November 23, 1984, the Board of County Commissioner approved a rezone petition through Resolution No. 84-198 for a change in zoning from RM- 5 (Residential, Multiple Dwellings - 5) to CG (Commercial, General) Zoning District. RECOMMENDATION: Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in St. Lucie County's Land Development Code Section 10.01.02. Staff recommends approval of the requested variance. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: May 19, 2021 Kori Benton, Assistant Planning Manager 4M/X /JI//%Lir-ti��� Date: May 20 2021 Linda Pendarvis, Planning Manager Date: May 20, 2021 Benjamin Balcer, Planning & Development Services Assistant Director C� Date: May 20, 2021 Caroline Valentin, Assistant County Attorney Page 12 of 75 #,"IF ;V4PRVW' Board Memorandum TO: Board of Adjustment THROUGH: Linda Pendarvis, Planning Manager Kori Benton, AICP, Assistant Planning Manager FROM: Tahir Curry, Associate Planner DATE: May 12, 2021 SUBJECT: Petition of Abraham Chabab, PE, for a Variance on behalf of TD Enterprises FP, LLC from the provisions of the St. Lucie County Land Development Code (LDC) Sections 7.05.06.C.2 & 7.06.02.B. ITEM NO.: 2021-007 AGENDA 2021-51557 NO.: Agenda Item 7.A Applicant: TD Enterprises FP, LLC David Pallas 2361 Coolidge RD Fort Pierce, FL 34945 Agent: Abraham Chabab, Inc. Abraham Chabab, PE 5428 NW Edgewater Ave Port St. Lucie, FL 34983 Location: 2210 South 40th Street, Fort Pierce, FL 34947 Parcel ID Number: 2417-704-0025-000-8 Project Size: 0.21 acres Zoning District: CG (Commercial General) Future Land Use: COM (Commercial) Purpose: The purpose of this Variance is to: 1) Construct a vehicular parking area five (5) feet into the required 15 foot front landscape buffer along the right-of-way 2) Provide a two-way 24-ft access aisle for 90-degree angled parking instead of the required 26-11 aisle 3) Construct a driveway 20-11 into the required 25-ft setback and 4) Construct a driveway 12-ft from an adjacent driveway, less than the 50-ft minimum separation, within the CG (Commercial, General) Zoning District. Previous Use: Single-family Residence Proposed Use: Commercial office Page 13 of 75 Board of Adjustment Staff Report Pallas Office Building Variance (File No. BA-9202025848) Utilities: Sewer — Private Septic System Water — Private Well BACKGROUND: The subject parcel contains 0.21-acres or 9,246 sq. ft. and is located at 2210 South 40th Street, Fort Pierce, in the unrecorded plat of Totten Subdivision (Lot 13 and all of Lot 14, Block 2). The property features an existing 710 sq. ft. residential building built in the 1960s, proposed for conversion into a small commercial office building. The property is zoned CG (Commercial General), with a compatible COM (Commercial) Future Land Use designation and is located within the Urban Service Boundary (USB). (2018) Site Aerial U 150 300 450 600 Aerial date: 2018 µ Subject property Feet Map prepared 5114/2021 ti Parcel History: On November 23, 1984, the Board of County Commissioner (BOCC) approved a rezone petition through Resolution No. 84-198 for a change in zoning from RM-5 (Residential, Multiple Dwellings - 5) to CG (Commercial, General) Zoning District. The following table provides the minimum lot size and dimensional requirements for properties within the CG (Commercial General) Zoning District. Page 14 of 75 Board of Adjustment Staff Report Pallas Office Building Variance (File No. BA-9202025848) Table 7-10 Lot Size and Dimensional Requirements Min. Lot Size (ft2) Min. Lot Width Min. Road Frontage (Feet) Commercial 20,000 ft2 100 ft. 60 ft. General Pallas Office Bldg. 9,246 ft 66 ft. 66 ft. Lot Size In 2019, a 2,452 sq. ft. single-family residence located near the front was demolished due to the building's disrepair and to account for site improvements building permit number 1902-0036. The remaining 710 sq. ft. is slated for reuse as a commercial office building. On October 21, 2020, research determined the site is a Non-confoiming Lot of Record. The analysis determined the property was in separate ownership and not contiguous to other lots in the same ownership prior to July 1, 1984, pursuant to the LDC Section 10.00.04. This provision allows properties to be developed that fail to mee the requirements for minimum lot size, lot width, road frontage, or any combination of the three (3) requirements to be waived. VARIANCE REQUEST: The applicant/property owner purchased the property on June 29, 2018, and is seeking to redevelop the small building along with associated parking, installation of a bike rack, and landscaping. This Variance request proposes to 1) Construct a vehicular parking area five (5) feet into the required 15 foot front landscape buffer along the South 40th Street right-of-way for a ten (10) foot landscape buffer 2) Provide a two-way 24-11 access aisle for 90-degree angled parking instead of the required 26-ft 3) Construct a driveway 20-ft into the required 25-ft setback for a five (5) foot setback and 4) Construct a driveway 12-ft from an adjacent driveway, less than the 50-ft minimum separation. Exhibit 1: Conceptual Site Plan Page 15 of 75 Board of Adjustment Staff Report Pallas Office Building Variance (File No. BA-9202025848) ENVIRONMENTAL REVIEW: Background. The Environmental Resources Department (ERD) is in receipt of the March 22nd, 2020 date -stamped submittal from Planning and Development Services. The applicant is seeking approval of a variance to decrease the allowable driveway to side property line setback to five (5) feet. The driveway requires a twenty-five (25) foot setback to the side property line per LDC 7.05.06.2.C. The project is located at 2210 S 40th St in Ft. Pierce and currently consists of one (1) 710 SF building on a 0.21—acre parcel (Parcel ID 2417-704-0025-000-8). The parcel is currently zoned Commercial General and has a land use code of 0100 — Single Family. Findings: The proposed variance is not anticipated to result in any adverse environmental impacts, as the parcel has been previously developed. ERD will conduct further review through the site plan/building permit review process. Recommendation: ERD has no objection to the approval of the referenced variance. STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for a Variance from the St. Lucie County Land Development Code (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 Page 16 of 75 Board of Adjustment Staff Report Pallas Office Building Variance (File No. BA-9202025848) 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 arise from conditions that are unique and peculiar to the land and physical surroundings that result in a hardship to redevelop the subject property. The 66 feet lot width restricts the property to comply with the 25 feet driveway setback, 50-foot driveway separation from an adjacent driveway and ten (10) feet landscape buffer between an adjoining property line. The Environmental Resources Director may allow alternative landscape area dimensions, quantities, planting schedules, and if the overall project meets the environmental enhancement and aesthetic intent per the LDC Section 7.09.04.0. The property owners submitted a landscape plan for review of Environmental Resources Department to complete the required landscaping improvements. The existing 710 sq. ft. building complies with the Commercial General Zoning District front, side, and rear yard setbacks. The site modifications are contingent upon the granting of this Variance. For the owner to comply with the LDC Sections 7.05.06.C.2 & 7.06.02.13. driveway standards and setbacks, for a non-residential development consistent with the Zoning District, the property owner would need to acquire additional acreage to meet these standards. Special conditions and circumstances exist that are peculiar to the parcel of land, building or structure that are not applicable to other parcels of land, structures or buildings. EXISTING CONDITIONS: Existing 710 sq. ft. Building. Page 17 of 75 Board of Adjustment Staff Report Pallas Office Building Variance (File No. BA-9202025848) Figure 1.2 — Across the Street from Pallas Office Building. Owner - Guardians Credit Union Figure 1.3 — Adjacent Property to the South. Owner - Willard Campbell Figure 1.4 —Adjacent Property to the North. Owner - TU-BAHD Spurs Inc. 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 properties 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 should have no negative impact on property values. The proposed commercial office use is a Permitted Use within the CG Zoning District in accordance with the LDC Section 3.01.03.S. The neighboring properties are zoned CG (Commercial General), CO (Commercial Office), and C-3, General Commercial, to the west, C-3 (General Commercial Zone) within the City of Fort Pierce's jurisdiction. The use within the area consists of single-family homes and commercial uses. The single-family residential use on the subject property has been abandoned and unmaintained for years. The subject property and existing building will be improved to meet the Land Development Code and Page 18 of 75 Board of Adjustment Staff Report Pallas Office Building Variance (File No. BA-9202025848) Florida Building Code requirements. A commercial renovation was filed with the St. Lucie County Building Department under building permit number 2010-0286 (pending review). The St. Lucie County Fire District has reviewed the proposed Variance for compliance with Fire Code and did not have any comments. The proposed use should not affect the acceptable level of service capacity of transportation facilities, utilities, parks, drainage, schools, solid waste, mass transit, or emergency medical facilities. Water/Sewer: The subject property is located within the Fort Pierce Utilities service area. The site will be on well and septic. Central water and wastewater services are not available in this area. Traffic: The proposed office use will not increase the congestion on the public street. The Institute of Transportation (ITE) Trip Generation Manual, loth Edition average trip generation for 712 Small Office Building Use Code: Weekday Daily Trips — Small Office Building 712 Average Rate: Calculated Trips Peak Hour of Generator — AM 3.26 2 Peak Hour of Generator — PM 3.73 3 The peak hours for office use should be much less than the peak number of trips compared to the nearby bank, fast food/restaurant, service station use, and retail store in the surrounding area. The property is located on South 401" Street, situated between Okeechobee Road (north) and Virginia Ave (south), and will not cause and excess to the peak trip capacity for both roadway links. Parking: The site will include three (3) parking spaces and one (1) accessible parking space. The proposed parking will comply with the required number of parking spaces and parking stall standards in accordance with the LDC Section 7.06.02. The property will include a bicycle parking rack. The commercial or professional office uses will be evaluated for compliance with the Land Development Code upon review of a Zoning Compliance. Upon application for a Development Permit or use authorization, the Planning and Development Services Director shall determine whether such application complies with the provisions of the LDC and the St. Lucie County Comprehensive Plan. The proposed site improvement will help increase the property's value in comparison to the abandoned residential use. The building's interior will be renovated to comply with Florida Building Code and Americans with Disabilities Act (ADA) requirements, and the exterior of the building to comply with the Community Architectural Standards per the LDC Section 7.10.24. 3. The Variance requested is the minimum Variance that will make possible the reasonable use of the land, building, or structures. The Variance requested is the minimum necessary to make possible the reasonable use of land and structures. The width of the lot and lot size restricts the developer to comply with the driveway/vehicular use area separation and setbacks in accordance with the Land Development Code. The Variance is the need to: 1) Construct a vehicular parking area five (5) feet into the required 15-foot front landscape buffer along Page 19 of 75 Board of Adjustment Staff Report Pallas Office Building Variance (File No. BA-9202025848) the right-of-way 2) Provide a two-way 24-ft access aisle for 90-degree angled parking instead of the required 26-ft 3) Construct a driveway 20-11 into the required 25-ft setback and 4) Construct a driveway 12- ft from an adjacent driveway, less than the 50-ft minimum separation. Without the proposed Variance, the applicant/property owner would not facilitate the construction of commercial driveway, access aisle, and parking to service the commercial office. Attached is the Variance application supplemental form that provides justification presented by the applicant's engineer to why the site improvements could not meet the required driveway standards and the Variance request is the minimum necessary to make reasonable use of the land and building. 4. The Variance desired will not be opposed to the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan. The Variance desired is not opposed to the general spirit and intent of the St. Lucie County Land Development Code (LDC). Sections 7.05.06.C.2 & 7.06.02.13 of the St. Lucie County LDC establishes driveway standards and setbacks for all commercial driveways within St. Lucie County. The purpose of these sections is to preserve and improve visibility, traffic, uniformity, as well as the overall appearance of the St. Lucie County road network system. The Variance desired is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Objective 1.1.13: Economic Sustainabilhy. To enhance the quality of life of St. Lucie County and promote a sound and resilient local economy, St. Lucie County shall continue to work with the interested groups and agencies to increase and broaden the County's economic base while expanding existing business and industrial opportunities. Policy 1.1.6.3 — St. Lucie County shall ensure that all development and redevelopment taking place within the unincorporated area of the County does not result in a reduction of the level -of -service requirements established and adopted by this comprehensive plan. Facilities for potable water, sanitary sewer, solid waste, drainage and transportation facilities shall be in place and available to serve new development no later than the issuance of the certificate of occupancy or its functional equivalent. If facility improvements are needed to ensure that the adopted level -of -service standards are achieved and maintained, prior to commencement of construction, a developer is required to enter into a binding and legally enforceable commitment with the County to assure construction or improvement of the facility. RECOMMENDATION: Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in St. Lucie County's Land Development Code Section 10.01.02. Staff recommends approval of the requested Variance. Page 20 of 75 Board of Adjustment Staff Report Pallas Office Building Variance (File No. BA-9202025848) 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 VARIANCE FOR TD ENTERPRISES FP, LLC THE PROVISIONS OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE SECTIONS 7.05.06.C.2 & 7.06.02.B. TO: 1) CONSTRUCT A VEHICULAR PARKING AREA 5 FEET INTO THE REQUIRED 15 FOOT FRONT LANDSCAPE BUFFER ALONG THE RIGHT-OF- WAY FOR A 10 FOOT LANDSCAPE BUFFER 2) PROVIDE A TWO-WAY 24-FT ACCESS AISLE FOR 90-DEGREE ANGLED PARKING INSTEAD OF THE REQUIRED 26-FT 3) CONSTRUCT A DRIVEWAY 20-FT INTO THE REQUIRED 25-FT SETBACK FOR A 5 FOOT SETBACK AND 4) CONSTRUCT A DRIVEWAY 12-FT FROM AN ADJACENT DRIVEWAY, LESS THAN THE 50-FT MINIMUM SEPARATION, 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 VARIANCE FOR TD ENTERPRISES FP, LLC FROM THE PROVISIONS OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE SECTIONS 7.05.06.C.2 & 7.06.02.B. TO: 1) CONSTRUCT A VEHICULAR PARKING AREA 5 FEET INTO THE REQUIRED 15 FOOT FRONT LANDSCAPE BUFFER ALONG THE RIGHT-OF-WAY FOR A 10 FOOT LANDSCAPE BUFFER 2) PROVIDE A TWO-WAY 24-FT ACCESS AISLE FOR 90-DEGREE ANGLED PARKING INSTEAD OF THE REQUIRED 26-FT 3) CONSTRUCT A DRIVEWAY 20-FT INTO THE REQUIRED 25-FT SETBACK FOR A 5 FOOT SETBACK AND 4) CONSTRUCT A DRIVEWAY 12-FT FROM AN ADJACENT DRIVEWAY, LESS THAN THE 50-FT MINIMUM SEPARATION, BECAUSE.... (CITE REASON WHY - PLEASE BE SPECIFIC). 9 Page 21 of 75 w F- M60M (n m m CL C 0 -6--1 cu C) 0 1 Re Ajepunoq A4uno:) S 39Th St w Al 0 L- n CO 13 tB (D 4- 4- (3 0 (D (D E E E E 0 0 0 N (D 0 Cf) .... . . . . . . . . . . . . . NMI IIE LL cQ no 0 0 LO 0 LO N 4- " m 0 C) LL CL 0- M ST. LUCIE COUNTY Planning & Development Services Department Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 http://www.stiucieco.org/planninq/l)lanning.htm DEVELOPMENT APPLICATION A pre -application conference is recommended prior to main application submittal. Please contact the Planning Division to schedule an appointment. Submittal Tvae [check each that anolies Site Plan Rezoning 3 ❑ Major Site Plan ❑ Rezoning (straight rezoning) ❑ Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD) ❑ Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment ❑ Major Adjustment to Minor Site Plan Comprehensive Plan Amendment a ❑ Major Adjustment to PUD/PNRD/PMUD ❑ Future Land Use Map Change ❑ Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment ❑ Minor Adjustment to Minor Site Plan ❑ Minor Adjustment to PUD/PNRD/PMUD Planned Development ❑ Planned Town or Village (PTV) ❑ Planned Country Subdivision (PCS) ❑ Planned Retail Workplace (PRW) ❑ Prelim. Planned Unit Develop. (PUD) ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Prelim. Planned Non -Res. Develop. (PNRD) ❑ Final Planned Unit Develop. (PUD) ❑ Final Planned Mixed Use Develop. (PMUD) ❑ Final Planned Non -Res. Develop. (PNRD) Conditional Use' ❑ Conditional Use ❑ Major Adjustment to a Conditional Use ❑ Minor Adjustment to a Conditional Use Variance 2 ❑ Administrative Variance R Variance ❑ Variance to Coastal Setback Line 1. Conditional Use 2. Variance 3. Rezoning / Zoning Atlas Amend 4. Comp. Plan Amendments 5. Class A Mobile Home Other ❑ Administrative Relief ❑ Class A Mobile Home s ❑ Developer Agreement (Submit per LDC 11.08.03) ❑ Power Generation Plants ❑ Extension to Development Order ❑ Historical Designation/Change 6 ❑ Land Development Code Text Amendment' ❑ Plat ❑ Post Development Order Change ❑ Re -Submittal # 8 ❑ Shoreline Variance ❑ Stewardships — Sending/Receiving ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Transfer of Development Rights ❑ Waiver to LDC/Comp. Plan Requirements s ❑ Appeal of Decision by Administrative Official" ❑ Eminent Domain Waiver" Application Supplement Packages 6. Historical Designation/Change 7. LDC Text Amendment 8. Re- Submittal 9. Waiver to LDC/Comp. Plan Requirements 10. Appeal of Decision by Administrative Official 11. Eminent Domain Waiver Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). Page 1 of 6 Revised May 6, 2013 Page 26 of 75 FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Planning Division Application Type: Supplemental Application Package No.: (Please provide separate fee calculation worksheet for each application type) ❑ BASE REVIEW FEE: $ (A) ❑ CONCURRENCYFEE: ❑ ERD REVIEW FEE: ❑ UTILITIES ❑ PER ACREAGE CHARGE: ❑ RESUBMITTAL FEE: (if applicable) ❑ OTHER SUBTOTAL OF BASIC FEES ❑ PRE -APPLICATION MEETING FEE: (F) Receipt No. of Payment: Date of Pre App $ (B) $ (C) $ (D) $ (E) $( ) deduction BALANCE OF FEES DUE: $ SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code ❑ $950.00 — Methodology Meeting (H) (If Applicable) • Additional fees will be due if a 3rd party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 31d party. • Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures". • Other fees may be applicable by other external reviewing agencies; i.e. Fire District and proof of payment will be required prior to project approval. Pre -Application Meeting Request icant Name (Printed (For office use only) INTAKE REVIEWER - SIGNATURE DATE VERIFIED BY- SIGNATURE DATE nature of applicant File #: Receipt #: Targeted Industry: Page 2 of 6 Revised March 15, 2016 Page 27 of 75 Submittal Requirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. All applications must include the following: E4 Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) E4 Aerial Photograph — property outlined (available from Property Appraiser's office ® Property Deed IN Legal description, in MS Word format, of subject property 13 Property Tax Map — property outlined (electronic copy not required) 1E Survey (24x36) ❑ 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached) ❑ Concurrency Deferral Affidavit; or ❑ Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: 0 Site Plan 24"x36" at a scale of 1"=50' (12 copies- folded, not rolled) ® Boundary Survey (24x36) — Signed and Sealed (12 originals) ® Topographic Survey (24x36) — Signed and Sealed (12 originals) ❑ Landscape Plan — Signed and Sealed (12 originals) ❑ Traffic Impact Report (TIR) (4 copies) if: 0 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) ❑ Environmental Impact Report (4 copies) if:(See LDC Section 11.02.09(5)) o The property is ten acres or greater o The property, regardless of size, contains a wetland; o The property is identified on the "Native Habitat Inventory for SLC"; o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain; 0 Development on N. or S. Hutchinson Island Development Order Extension Applications only require the following: ❑ Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02.06) ❑ Updated Traffic Analysis if applicable (4 copies) ❑ Approved Resolution or GM Order Final Plats only require 2 CDs (follow specifications above) & 4 copies of the following: ❑ Main Application and back up material ❑ Approved Site Plan and copy of approved Development Order ❑ Plat - Include extra copies of Plat for applicable conditions of approval (3 Original Mylars Needed for Recording) *Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it may invalidate the results of any hearing(s). Page 3 of 6 Revised March 15, 2016 Page 28 of 75 Protect Information Project Name: Pallas Office Building Site address: 2210 S. 40th Street Parcel ID Number(s): 2417-704-0005-0008 Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on CD) See Attached Sheet Property location — Section/Township/Range: 17/35/40E Property size — acres: 0.21 Future Land Use Designation Zoning District: CG CG Square footage: 9246 Description of project: (Attach additional sheets if necessary) The purpose of proposed variance is to permit the construction of 24 foot driveway with 5 feet setback from south property line in lieu of 25 feet standard setback. This is necessary to access the existing building and have proper turn around for parking area. Our options are limited to one location due to the existing building, and the location of drainfield to the north. Type of construction (check all applicable boxes): ® Commercial Total Square Footage: Existing 710 Proposed: ❑ Industrial Total Square Footage: Existing ❑ Residential No. of residential units: Existing No. of subdivided lots: Existing ❑ Other Please specify: Number and size of out parcels (if applicable): Proposed: Proposed: Proposed: Page 4 of 6 Revised March 15, 2016 Page 29 of 75 SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the girain:ting of approval. All appropriate req�uiirements mu be met prior to this project being presented for approval to the appropriate authority. St. Luicie County resery the right to request err itioinial information to ensure a complete review of this project. I Ap_ p.f.... ... .. _'. ............. licant Inormation Propertylevels entlnforimatiow, Business Name, TIC .Eater prises F'P'LLC Business Name: Abraham Chabab Inc Name: David Pallas Name: Abraham Chabab, PE C Address: 2361 Coolidge RD Address: 5428 NW Edgewater Ave Fort Pierce, F1, 34945 Port St. Lucie FL 34983 (Please use an address that can accept overnight (Please use an, address that can accept overnight packages) packages) Phone: 772-4601-7751 Phone: 772-878-5079 Fax: Fax: Email: bdgrading@att.net Email: agchal)abl@msn.com Please note: both applicant and agent will receive all official correspondence on this Iproject. This apiplicat�ion and any application supplement will not be considered complete without the notarized signature of all Property od, which shall serve as, an acknowledgment of the submittal of this application for approval. The propierty owner's signature below shall also serve as authorization for the above appilicant or ent to act on behalf of said property owner. 4 1 b Z V Property owner Signature Property Owner Narrie (Printedi) Mailing Address: ab 0 Phone: avu - kkg-Le-1 If more than one owner, please submit additional pages, STATE OF COUNTY OF The foryin g instrument was acknowledged before me this, day of 2 by who is personally known to me or who has produced as identification. Lk (I V "I Signature rr 0,0 ry Type or Print Name of Notory Commission Number (Seal) JUANITA L HALL St te f Fb]fid 4 72 es 68 N, t P Nota ry Public -State of Rovida Commission # GG 117268 M MYC... pi, JU 2120 yQ,,.EpIre,Jun21,2021 W` Page 5 of 6 Revised March 15, 2016 Page 30 of 75 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 Document Format Required Name on CD Aerial Photograph PDF Aerial.pdf Application PDF Application.pdf Approval Order PDF Approval Order. df Architectural Elevations PDF ArchElev. df Boundary / Topographic Survey PDF Boundar Topo.pdf Drainage / Stormwater Plan PDF Drains ePln.pdf Easements PDF Easements.pdf Environmental Impact Report PDF or Word EIR.pdf or EIR.doc Existing Condition Plan PDF ExistingCond.pdf Flood Plain PDF or Word Flood.pdf or Flood. Doc Landscape Plan PDF Landsca e. df Legal Description Word Le al.doc Lighting Plan PDF Lighting.pdf Mitigation Plan PDF Miti ation. df Mobile Home Plans PDF or Word MobileHome. df or MobileHome.doc Paving Plan PDF Paving.pdf Permit External PDF Permit. df Plat PDF Plat.pdf or Plat.doc Property Deed PDF Deed.pdf Site Plan PDF SitePlan.pdf Traffic Impact Report PDF or Word TIR.pdf or TIR.doc Tree Survey PDF Tree. df Turtle Protection PDF or Word Turtle. df or Turtle.doc Utility Plan PDF Utiliity.pdf Vegetation Removal Application PDF Vegetation. pdf Page 6 of 6 Revised March 15, 2016 Page 31 of 75 LEGAL DESCRIPTION: THAT PART OF LOT 13 AND ALL OF LOT 14, BLOCK 2 OF AN UNRECORDED PLAT OF TOTTEN SUBDIVISION IN SECTION 17, TOWNSHIP 35 SOUTH, RANGE 40 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SW CORNER OF THE SW 1/4 OF SECTION 17, TOWNSHIP 35 RANGE 40 EAST, RUN THENCE EAST ALONG SOUTH LINE OF SECTION A DISTANCE OF 351.59 FEET, THENCE NORTH 2 06' WEST A DISTANCE OF 199.5 FEET TO THE POINT OF BEGINNING: FROM SAID POINT OF BEGINNING RUN EAST PARALLEL WITH THE SOUTH LINE OF SAID SECTION A DISTANCE OF 140 FEET, THENCE NORTH 2 06' WEST A DISTANCE OF 66 FEET, THENCE WEST PARALLEL WITH SOUTH LINE OF SAID SECTION A DISTANCE OF 140 FEET, THENCE SOUTH PARALLEL WITH THE EAST LINE A DISTANCE OF 66 FEET TO THE POINT OF BEGINNING. SAID PROPERTY LYING IN ST. LUCIE COUNTY, FLORIDA. Page 32 of 75 =� P Variance Application Supplement Refer to St Lucie County Land Development Code (LDC) Section 10.01.00 for details 1. 1 (we) do hereby petition the St. Lucie County Board of Adjustment for the following Variance from the LDC. (State the variance sought and the section from the LDC from which the variance is requested.) variance is sought regarding LDC 7.05.06 Section 3, part C. 2. What is the purpose of the proposed variance and the intended development of the subject property if the variance is granted: The-j5iu—rpose &f-pr-6V6se-c[variance -i'-s-,"t,-o,-p-,e-r-m-ft-the construction --of-,Z-,"47-foot -driveway with -- 5 feet setback from south property line in lieu of 25 feet standard setback. This is necessary to access the existing building and have proper turn around for parking area. 3. State the specific hardship imposed on the owner by the LDC? vUU LU III IlItt:;U VVIULI I UI Lift; PIVPtIf ty aoiuet,ioGationa-rineexisiingr)uiiaing,requii width of driveway and turn around. A waiver to driveway setback will be required to meet mentioned items. 4. State reasons why this hardship is unique to the owner and why other property similarly situatedtlnique frip.r6 is h a-r d . . .... s,--h-i"-p",-i"s-,"t-o t is prope"Ff-y d—ue,-tffi"-e-,-e,-x,il"s-,"t-in--g""'"51"u-iI-di-n-g--t-H-a"-t w,-"-a"",s",,-6-u'ifit-b--ef6-r-e the 1983. Furthermore in order to access the building for commercial use, proposed driveway is limited to designated location due to narrow width of the lot "66 feet". 5. State reasons why this variance will not be injurious to other property and/or LTproK pments the in which the subiept_prp rt is ed. The proposedin driveway locationneiqhborhood will not be injurious to othergpropelocrtiesatand/or businesses as it will provide better access to the existing building. Granting variance will help occupy a building thaty has been vacant for more than 5 years and benefit the 6. State reasons why this variance will not increase traffic, the danger of fire, or impair Granting the variance will not increase the impact on traffic, the danger of fire or impair property values in the neighborhood. The variance will permit us to access the building 7. State why this variance is the minimum variance that will make possible a reasonable use of the land, building and structures. "Tfie proposeU variance is ti^ie minimum -a-'ri-a'-'n-ce-"Feq—ues-FEcitfiaf-w-iTF6T1aw"f ffrd—ccess'f(` existing building. Page 1 of 3 Revised: February 5, 2013 Page 33 of 75 E� = 8. Explain how this proposed variance is consistent with the general spirit of the LDC and the St. Lucie County Co mprehensive Lqhensive This lot and surrounding lots had been rezoned for commercial use. In order to meet LDC requirements regarding drainage, setbacks and other requirements, driveway setback variance will allow us to develop this property and be consistent with the general spirit of 9. Is this variance request located within a Homeowners or Property Owners Association? YES NO If yes, then Metier is required. 0 For any variance request within an area that has a Homeowners or Property Owners Association, a letter from that Association is required stating their position regarding the variance request. 10. Name of Association 11. Is there a letter from that association attached? YES NO 0 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. ® 1 (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 the ,se, questions at the public hearing. Applicant or Agent Name (printed) Siature Page 2 of 3 Revised: February 5, 2013 Page 34 of 75 JOSEPH E. SMITH, FILE # 4454057 Tax: $308.00 CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY OR BOOK 4152 PAGE 1927, Recorded 07/03/2018 11:15:16 AM Doc This Document Prepared By and Return to: Melissa Harnage St. Lucie Title Services, Inc. 800 Virginia Ave, Suite 47 Fort Pierce, FL 34982 PareellD Number: 2417-704-0025-000-8 Warranty Deed This indenture, Made this 2 q day of June , 2018 AD., Between Melvin T. Folbrecht, Jr. and Lucy A. Folbrecht, husband and wife of the County of St. Lucie , State of Florida , grantors, and TD Enterprises FP, LLC, a Florida limited liability company whose address is: 2361 Coolidge Rd. , Fort Pierce, FL 34945 of the County of St. Lucie , State of Florida , grantee. Witnesseth that the GRANTORS, for and in consideration of the sum of --------------------------TEN DOLLARS ($10)— — — — — — — — — — — — — — — — — — — — — — — DOLLARS, and other good and valuable consideration to GRANTORS in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate, lying and being in the County of St. Lucie State of Florida to wit: That part of Lot 13 and all of Lot 14, Block 2, of an unrecorded Plat of Totten Subdivision, in Section 17, Township 35 South, Range 40 East, being more particularly described as follows: Commence at the SW corner of the SW 1/4 of Section 17, Township 35 South, Range 40 East, run thence East along South line of Section a distance of 351.9 feet, thence North 2° 06' West a distance of 199.5 feet to the Point of Beginning; from said Point of Beginning run East parallel with the South line of said Section a distance of 140 feet, thence North 2° 06, West a distance of 66 feet; thence West parallel with South line of said Section a distance of 140 feet, thence South Parallel with the East line a distance of 66 feet to the Point of Beginning. Said property lying and being in St. Lucie County, Florida and the grantors do hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. In Vi esS Whereof, the grantors have hereunto set their hands and seals the day and year rrst itlen. Signed sealed and delivered in our presence: Michelle Franklin, CFA -- Saint Lucie County Property Appraiser -- All rights reserved. Site Address: 2210 S 40th ST Sec/Town/Range: 17/3 5 S/40E Parcel ID: 2417-704-0025-000-8 Jurisdiction: Saint Lucie County Ownership TD Enterprises FP LLC 2361 Coolidge RD Fort Pierce, FL 34945 Property Identification Use Type: 0100 Account #: 27082 Map 1D: 24/17S Zoning: Comm Genra Legal Description TOTTEN'S S/D OF SEC 17-35-40 UNRECORDED BLK 2 S 16 FT OF LOT 13 AND ALL LOT 14 (0.21 AC) Current Values Just/Market Value: $17,100 Assessed Value: $17,100 Exemptions: $0 Taxable Value: $17,100 Property taxes are subject to change upon change of ownership. • Past taxes are not a reliable projection of future taxes. • The sale of a property will prompt the removal of all exemptions, assessment caps, and special classifications. Taxes for this parcel: SLC Tax Collector's Office 19 Download TRIM for this parcel: Download PDF Total Areas Finished/Under Air (SF): 736 Gross Sketched Area (SF): 792 Land Size (acres): 0.21 Land Size (SF): 9,147.6 Building Design Wind Speed Occupancy Category I II III & IV Speed 140 150 160 Sources/links: Sale History Date Book/Page Sale Deed Grantor Code Jun 29, 2018 4152 / 1927 0001 WD Folbrecht Jr Melvin T Nov 15, 1995 0985 / 2595 XX00 WD Clifton E Sullivan Oct 14, 1987 0641 / 2044 XX01 QC Stephen G Boyd Jul 1, 1987 0550 / 1566 XX01 CV Jan 1, 1986 0489 / 0140 XX00 CV Feb 1, 1983 0394 / 1981 XX00 CV Building Information (1 of 2) Finished Area: 736 SF Gross Sketched Area: 792 SF Exterior Data View: Roof Cover: Tar & Gravel Building Type: HD+ Year Built: 1966 Grade: D+ Effective Year: 1966 Story Height: 1 Story No. Units: 1 Price $44,000 $63,400 $100 $0 $72,000 $42,000 Roof Structure: Flat/Stied Frame: Primary Wall: Cone Block Secondary Wall: Page 36 of 75 Interior Data Bedrooms: 2 Electric: NONE Full Baths: 1 Heat Type: Half Baths: 0 Heat Fuel: A/C %: 0% Heated %: 0% Sketch Area Legend Sub Area Description Area Fin. Area Perimeter BAS BASE AREA 736 736 114 OPAL Open Porch Attached Low 56 0 36 Building Information (2 of 2) Finished Area: 0 SF Gross Sketched Area: 0 SF Exterior Data View: Roof Cover: Building Type: HC- Year Built: Grade: Effective Year: Story Height: No. Units: 0 Interior Data Bedrooms: 2 Electric: Full Baths: 0 Heat Type: Half Bathe: 0 Heat Fuel: A/C %: % Heated %: % Primary Int Wall: Avg Hgt/Floor: 0 Primary Floors: Plywood Sprinkled %: N/A% Roof Structure: Frame: Primary Wall: Secondary Wall: Primary lnt Wall: Avg Hgt/Floor: 0 Primary Floors: Sprinkled %: % Page 37 of 75 Sketch Area Legend Sub Area Description Area Fin. Area Perimeter Type Current Values Breakdown Building: $600 Land: $16,500 Just/Market: $17,100 Ag Credit: $0 Save Our Homes or $0 10% Cap: Assessed: $17,100 Exempti on(s): $0 Taxable: $17,100 Special Features and Yard Items Qty Units Year Bit Current Year Values Current Year Exemption Value Breakdown Current Year Special Assessment Breakdown Start Year AssessCode Units Description Amount 2013 0054 0.21 North St. Lucie Water Management District $25.00 This does not necessarily represent the total Special Assessements that could be charged against this property. The total amount charged for special assessments is reflected on the most current tax statement and information is available with the SLC Tax Collector's Office U. Historical Values Year Just/Market Assessed Exemptions Taxable 2020 $17,100 $17,100 $0 $17,100 2019 $21,700 $21,700 $0 $21,700 2018 $36,000 $36,000 $0 $36,000 Permits Number Issue Date Description Amount Fee C1902-0036 Feb 4, 2019 Demolition $0 $0 Notice: This does not necessarily represent all the permits for this property. Page 38 of 75 Click the following link to check for additional permit data in Saint Lucie County All information is believed to be correct at this time, but is subject to change and is provided without any warranty. © Copyright 2021 Saint Lucie County Property Appraiser. All rights reserved. Page 39 of 75 LEGAL DESCRIPTION: (Supplied by Client) That port of Lot 13 and oil of Lot 14, Dock 2, of on unrecorded Plot of Totten Subdivision, in Section 17, ToWnship 35 South, Range 40 East, being more particularly described as folloWs. Commence at the SW corner of the SW 1/4 of Section 17, ToWnsho 35 South, Range 40 East, run thence East along South line of Section a distance of 361.9 feet, thence North 2' 06' West a distance of 199.5 feet to the Point of Beginning; from said Point of Beginning run East parallel With the South line of said Section a distance of 140 feet, thence North 2* 06' West a distance of 66 feet; thence West parallel with South line of said Section a distance of 140 feet, thence South Parallel With the East line a distance of 66 feet to the Point of Beginning, Said Property lying and being in St. Lucie County, Florida ALL ELEVATIONS SHOO HEREON ARE BASED ON NORTH 4ERICAN VERTICAL DATUM OF I988(NA.VD,'88) Vc C:) L/ - ) SOUTH`WEST CORNER or THE SOUTHWEST 1/4 Of SECTION 17, T0*SH1P 35 SOUTH, TIMM 40 EAST Ell 351,90' TO IR 9 C; 6— d SURVEYORS NOTES: L UNLESS OTHERWISE NOTED LY PLATTED EASEktNTS ARE SH HEREON. DikNSI( io ARE PER PLAT UNLESS R SE Z ALL LOT s 3, NO UNDERGROUND UTILITIES OR OPROVEOTS WERE OTHELOCATED UNLESSSHOWN. OTHERWISE SHO#L 4. THIS SITE LIES WITH14 FLOOD INSURANCE RATE VAP ZONE X VAPI 12111CO186 J DATED: 2-16-12. 5. FLOOD ZONE SHOWN HEREON IS AN INTERPRETATION BY THE SURVEYOR AND IS P9 DED AS A COURTESY. THE FLOOD ZONE SHOULD BE VERIFIED BY A DE. INATION AGE4CY.+ 6, BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF SAID PARCEL AS BEING NO2-Woo-W ACCORDING TO THE LEGAL DESCRIBED HEREOk 7. P.I.I.D.E. DENOTES DRAINAGE EAY*NT, U.E. DENOTES UTILITY EASE;�BUTC UTILITIES AND B. THE ACCURACY OF THIS SURVEY IS PREWSED ON THE EXPECTED USE OF THE SURVEY. THE EXPECTED USE PURPOSE OF THIS SURVEY IS VACANT LOT PURCHASE. ACCURACY=l FOOT IN 7,500 FEET OR BETTER. 9, ADDITIONS OR DELETIONS TO THIS SURVEY �&P BY ANYONE OTHER THAN THE SO" SURVEYOR IS PROHIBITED WITHOUT WRITTEN CONSENT. Parcel ID: 2417-704-0022-000-7 VACANT S89*56'1 8"W 140.00' riw Aftirrw 6-10 I STORY v CBS S. I RESIDE4STORY TV*M F.F.E. W6 coy I �I 24X -To-iil 2210 S. 40TH STREET —IN SCALE: 1 "=30' Atlantic Land Designs I theTreasure Coast, L87468 o 7m l, Jensen e. Beach Blvd. Jensen Beach, Fl. 34957 Mailing Address: P.O. Box 1421 Jensen Beach, FL 34958 ALD5543@gmaii.00m (772) 398-4290 DATE: 3-15-19 DRAM: SW\jC 2019-0097 DATE: REVISIONS LAST FIELD DATE:3-4-19 INUMMONIU, Me Parcel ID: 2417-704-0027-000-2 FFE = 18.511 :2 L" A C CD 0 C3 Cl' Ci O 41.6V4* CSC Ci (A FD 14,, cr�t r I ABBREVIATIONS: SET = SET 508- IRON RVAR,WITH YELLOW RKED 'PS 54 I'D = FOUND 5/8 IRON REBAR FRIGHT OF WAY rI EASURED PLATTED cp CALCULATED p IIUS OF CURVE L = LENGTH TH OF CURVE D= DELTA OF CURVE FFE = FINISHED FLOOR �LE R�AT ION OH -OH -OH- = OVERHEAD I S x-x-x- - CHAT FENCE D-EI-0—= PLASIIC INFENCE 0-0-0- = WOW FENCE CONC. = CONCRETE C.P.= CONCRETE PAD COY.= COVERED DRAINAGE PROPOSED AND EXISTING t i t led to: Harry Blue Builders, Inc. I he —by Cattily that the ­v*y she" her ;a t— and c—eet and is based on actual awaseurentials taken In the Held. This survey Insets the Vinlatuat Technical Standard$ of Chapter 5J-17 Florida administrative code. James A. D4Wy siq-d by )zx AL C.k.),. M --J.— A. C.si,.),,-Att.�uc PSM 5543 L-dDeM9.&'he TC, Cesiro Jr. e—d=fi.,S543@g—q.—'-US Daze: 2019,03.15 11:20,09 -D4'W - NOT VALID WITHOUT AN AUTHENTICATED ELECTRONIC SIGNATURE AND AUTHENTICATED ELECTRONIC SEAL nuev Page 40 of 75 cu �ttttttttt IL- 16- /§ \\2 \\ §d[/}\ !§ � c ¥ J.33 s \ \ � \ \ \ ) b cu 7--� C/I �LU."(71- �' L: L ' L Board of County Commissioners Cathy I I ownsend MSTRICIT 5 Chair Chris Dzadovsky DISTRICT I k kT,-Chair Sean Mitchell DISTRICT2 Linda Bartz DISTRICT 3 Frannie Hutchinson DISTRICT 4 Administration Howard Tipton ADMINISTRATOR Dan McIntyre (:OUN, I Y ATTORN E N October 2 t, 2020 Tf ) Enterprises FP LL(1' 2361 Coolidge Rd. Fort Pierce, FL 34945 RE: 2417-704-0025-0008 Dear:TD Enterprises FP ILC The above referenced parcel has a zoning designation of'('1G (C,orrimercial General) and a. future Land 1,Jse Classification of COM (Commercial). The above parcel is nonconforniing because it does not meet the minimum required lot width of' 100 feet and the rnininturn lot size of'20,000 square feet. In order for a parcel to be considered a nonconforming lot of record and thereby qualify for a waiver of these requirements, it Must exist in separate ownership and riot be contigLious to other lots in the same ownership prior to Jul), 1, 1984 pursuant to Section 10.00.04, [,and Development Code (1,D(.,), Pursuant to the research of (I , ounty records, it has been determined that the property was not contiguous to other lots in the same ownership prior to July 1, 1994. Accordingly, this parcel is considered a non -conforming lot of record. As a result, the lot width and lot size are hereby waived, A Non - Residential StrUCILU-e may be constructed upon this property subject to meeting all applicable local, state. and federal codes. The CG setbacks are as follows: 25-foot front, 1046ot sides and a 2(.)-foot rear, with a rnaximurn lot coverage of 50%. Variance of yard dimensions and requirements other than those applying to area, width, and frontage shall be obtained only through action of the Board of'adjustment Please contact the health department regarding well and/or septic at (772) 873-4903 to ensure that their requirements can be satisfied prior to applying for a bUilding permit for the subject property. In addition, You Will need to contact the Environment Resources Division at (772) 462-2526 prior to any removal of vegetation. Respectfully, Melissa Brubaker Zoning & Permitting Supervisor PLANNING & BUILDING DIVISION 9i BruhaAcrm ai/vciccu fw aW \m, I on I iA Page 44 of 75 S. CG COMMERCIAL, GENERAL. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for a wide variety of commercial uses intended to serve a population over a large market area, which do not impose undesirable noise, vibration, odor, dust, or offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with general commercial surroundings. The number in "( )" following each identified use corresponds to the SIC Code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses: a. Adjustment/collection and credit reporting services. (732) b. Advertising. (731) c. Amphitheaters. (999) d. Amusements and recreation services - except stadiums, arenas, race tracks, amusement parks. (79) e. Apparel and accessory stores. (56) f. Automobile dealers. (55) g. Automotive rental, repairs and serv. (except body repairs). (751, 753, 754) h. Beauty and barber services. (723/724) i. Building materials, hardware and garden supply. (52) j. Cleaning services. (7349) k. Commercial printing. (999) I. Communications - except towers. (48) m. Computer programming, data processing and other computer serv. (737) n. Contract construction serv. (office and interior storage only). (15/16/17) o. Cultural activities and nature exhibitions. (999) p. Duplicating, mailing, commercial art/photo. and stenog. serv. (733) q. Eating places. (581) r. Educational services - except public schools. (82) s. Engineering, accounting, research, management and related services. (87) t. Equipment rental and leasing services. (735) u. Executive, legislative, and judicial functions. (91/92/93/94/95/96/97) v. Farm labor and management services. (076) w. Financial, insurance, and real estate. (60/61/62/63/64/65/67) x. Food stores. (54) y. Funeral and crematory services. (726) z. Gasoline service stations. (5541) aa. General merchandise stores. (53) bb. Health services. (80) cc. Home furniture and furnishings. (57) Page 45 of 75 dd. Landscape and horticultural services. (078) ee. Laundry, cleaning and garment services. (721) ff. Membership organizations subject to the provisions of Section 7.10.31. (86) gg. Miscellaneous retail (see SIC Code Major Group 59): (1) Drug stores. (591) (2) Used merchandise stores. (593) (3) Sporting goods. (5941) (4) Book and stationary. (5942/5943) (5) Jewelry. (5944) (6) Hobby, toy and games. (5945) (7) Camera and photographic supplies. (5946) (8) Gifts, novelty and souvenir. (5947) (9) Luggage and leather goods. (5948) (10) Fabric and mill products. (5949) (11) Catalog, mail order and direct selling. (5961/5963) (12) Liquefied petroleum gas (propane). (5984) (13) Florists. (5992) (14) Tobacco. (5993) (15) News dealers/newsstands. (5994) (16) Optical goods. (5995) (17) Misc. retail (See SIC Code for specific uses). (5999) hh. Miscellaneous personal services (see SIC Code Major Group 72): (1) Tax return services. (7291) (2) Misc. retail (See SIC Code for specific uses). (7299) ii. Miscellaneous business services (see SIC Code Major Group 73): (1) Detective, guard and armored car services. (7381) (2) Security system services. (7382) (3) News syndicate. (7383) (4) Photofinishing laboratories. (7384) (5) Business services - misc. (7389) jj. Mobile home dealers. (527) kk. Mobile food vendors (eating places, fruits and vegetables -retail). (999) II. Motion pictures. (78) mm. Motor vehicle parking -commercial parking and vehicle storage. (752) nn. Museums, galleries and gardens. (84) oo. Personnel supply services. (736) pp. Photo finishing services. (7384) Page 46 of 75 qq. Photographic services. (722) rr. Postal services. (43) ss. Recreation facilities. (999) tt. Repair services. (76) uu. Retail trade -indoor display and sales only, except as provided in Section 7.00.00. (999) vv. Social Services: (1) Individual and family social services. (832/839) (2) Child care services. (835) (3) Job training and vocational rehabilitation services. (833) ww. Travel agencies. (4724) xx. Veterinary services. (074) yy. Low-THC and medical marijuana dispensing facility subject to the requirements of Section 7.10.33. 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off -Street Parking and Loading Requirements. Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses: a. Adult establishments subject to requirements of Section 7.10.10. (999) b. Drinking places (alcoholic beverages) - free-standing. (5813) c. Disinfecting and pest control services. (7342) d. Amusement parks. (7996) e. Go-cart tracks. (7999) f. Hotels and motels. (701) g. Household goods warehousing and storage -mini -warehouses. (999) h. Marina - recreational boats only. (4493) i. Motor vehicle repair services - body repair. (753) j. Sporting and recreational camps. (7032) k. Retail trade: (1) Liquor stores. (592) I. Stadiums, arenas, and race tracks. (794) m. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Drinking places (alcoholic beverages as an accessory use to a restaurant and/or civic, social, and fraternal organizations). Page 47 of 75 b. One (1) single-family dwelling unit contained within the commercial building, or a detached single-family dwelling or mobile home, (for on -site security purposes). Retail trade: (1) Undistilled alcoholic beverages (accessory to retail sale of food). Solar energy systems, subject to the requirements of Section 7.10.28. Page 48 of 75 7.06.02. - Performance Standards. A. Number of Off -Street Parking and Loading Spaces Required. Off -Street Parking per Use . The most recently published edition of the Institute of Transportation Engineers Parking Generation is adopted by reference as the use -specific requirements for off- street parking. The most recently published standards will be available for the public on the County website and at the Planning and Development Services Department. a. For any uses not listed in the latest edition of Parking Generation, the Planning and Development Services Director will make a determination for required parking based on the most similar use, professionally recognized standards, a survey of similar counties' regulations, and/or analysis by a traffic engineer based on use -specific parking requirements. The determination will be made in writing referencing the standards or analysis used to make the determination. Handicapped Parking. Handicapped parking shall be provided as required the Standard Building Code and F.S. §§ 316.1955 and 316.1956. The number of designated handicapped parking spaces shall be determined as follows: HANDICAPPED PARKING REQUIREMENTS Page 49 of 75 1,000+ minimum of 20, plus 1 additional space for each 100 parking spaces over 1,000 *The number of required handicapped parking spaces may be included within the gross number of required parking spaces. 3. Off -Street Loading. Off-street loading space shall be provided and maintained as follows: a. For all commercial and industrial development: Size of Building Number of Spaces 0 to 24,999 square feet 1 25,000 to 59,999 square feet 2 60,000 to 119,999 square feet 3 120,000 to 199,999 square feet 4 200,000 to 299,999 square feet 5 For each additional ninety thousand (90,000) square feet over three hundred thousand (300,000) square feet or major fraction thereof, one (1) space. b. For each auditorium, convention hall, exhibition hall, museum, motel, hotel, office building, sports arena, stadium, hospital, sanitarium, welfare institution, or similar use having an aggregate floor area of: Size of Building Number of Spaces Over 10,000 square feet, but less than 40,000 square feet 1 For each added 60,000 square feet or major fraction thereof 1 Page 50 of 75 C. For any use not specifically mentioned, the requirements for off-street loading facilities to which the unmentioned use is most similar shall apply. Such determination shall be made by the Planning and Development Services Director. B. Design Standards. 15 Ft. Regtt'Ire Landscape Buffer 1141 v. U7 —9 M M FIGURE 7-23 TYPICAL PARKING PLAN/ MINIMUM DIMENSIONAL STANDARDS 18 Ft. )0. 26 Ft. 00 2 Ft, Overhang 16 Ft.) ICE Required Interior Landscape Area minimum required stae - 180 square feet +0 1. Stall Size. a. The minimum size of a parking stall shall be as follows: Standard: Ten (10) feet x eighteen (18) feet Angled: Ten (10) feet x eighteen (18) feet Parallel: Eight (8) feet x twenty-three (23) feet Handicapped: Twelve (12) feet x eighteen (18) feet (F.S. § 316.1955(3)) Two (2) feet of the required eighteen (18) feet provides for the overhang of the front of the vehicle beyond the front wheels, and therefore may be in grass instead of pavement if that two (2) feet is not included in any other required landscape or separation area, and if wheel stops or curbs are used to prevent vehicular encroachment into the two -foot area. 2. Aisle Width, Ingress and Egress. Page 51 of 75 a. Dimensional requirements of access aisles: MINIMUM PARKING ACCESS AISLE DIMENSIONS b. No paving or vehicular use area, other than shared entrance or exit drives located in accordance with Section 7.05.06, shall be installed within ten (10) feet of adjoining property or within fifteen (15) feet of any road right-of-way frontage, and said unpaved area shall be landscaped in accordance with Section 7.09.00. C. All off-street parking areas shall be designed so that motor vehicles can exit without backing into a street, except for single-family, two-family and three-family dwellings. Material. a. Requirement for All Weather Surface for All Required Off -Street Parking and Vehicular Use Areas. Subject to the Administrative Relief provisions below, all required off-street parking spaces, access aisles, vehicular use and off-street loading areas constructed, expanded or altered after March 1, 1999, shall be constructed with an all weather surface meeting the requirements of the St. Lucie County Public Works Department. The permitted impervious surface materials shall be concrete, asphalt, brick pavers, stamped concrete, or paving block. Pervious paving systems and grass paving systems shall be permitted when the paving systems and materials are approved by the County Engineer. Stabilized unpaved parking areas may be permitted at locations outside the urban service area upon approval of the County Engineer, so long as parking spaces, accessways, and driveways are clearly marked and the vehicular/pedestrian circulation system is safe. The County Engineer shall publish a list of commercially available paving systems of pervious and impervious paving materials that are approved for use. The County Engineer shall approve design material and specifications on each site. 4. ADA Accessibility. Page 52 of 75 FIGURE 7-24 II HANDIC/ TO MEF1 STATE A REGULA ALL HANDICAPPED PARV STRIPING DETAILS, SIGN SHALL BE IN ACCQRDAN REQUIREMENTS OF SEC FLORIDA STATUTES ANC DISABILITIES ACT. a. All handicapped parking spaces shall be appropriately outlined with blue painted lines, minimum four (4) inches wide, and shall be posted with the international symbol of accessibility. Handicapped accessible spaces shall meet the minimum design, signing and marking standards of the Florida Department of Transportation, and shall generally be located as depicted in Figure 7-24. b. All handicapped spaces shall have an adjacent access aisle sixty (60) inches wide. Two (2) handicapped parking spaces may share a common access aisle. c. All spaces shall have accessible thereto a curb -ramp or curb -cut, to allow access to the building served and shall be located so that users would not be compelled to wheel behind parked vehicles. d. Parallel spaces that are being used for handicapped purposes, shall be located at the beginning or end of a block. Curbs adjacent to such spaces shall be of a height which will not interfere with the opening and closing of motor vehicle doors. Landscaping. a. No more than ten (10) parking spaces shall be permitted in a continuous row without being interrupted by a minimum landscape area of one hundred eighty (180) square feet for single row parking or three hundred sixty (360) square feet for double row parking (see Figure 7-23). b. Parking or display of any motor vehicle, recreational vehicle, boat, trailer or other vehicle in any required landscape area is prohibited. Wayfinding. a. All directional and regulatory signage and all pavement markings shall be in accordance with the "USDOT Manual of Uniform Traffic Control Devices." Page 53 of 75 b. Off-street parking facilities, including access drives and aisles for all multi -family, including two-family and three-family dwellings, and non-residential uses and shall be marked either by painted lines, precast curbs, or in a similar fashion to indicate parking spaces. Vehicle Queuing. a. Vehicle Queuing Area spaces required, per use: DRIVE UPITHRU VEHICLE STORAGE REQUIREMENTS Facility/Use Drive-in Bank Restaurant Drive-Thru Car Wash (Automatic) Car Wash (Self Service) Gatehouse/Entry Control Structure (manned or unmanned) All other commercial drive-thru uses Minimum Vehicle Queuing Area 6 spaces per service window 8 spaces per service window 3 spaces on approach to wash line 1 space on approach to wash line 4 spaces (see Section 7.10.15) 3 spaces per service position b. Adequate vehicle storage areas shall be provided at all drive -through and access regulating facilities. A vehicle queuing area is to be a minimum of ten (10) feet by twenty- five (25) feet. Minimum vertical clearance of fourteen (14) feet shall be required unless provisions for an unrestricted pass area are made. c. No vehicle queuing area may block any other parking stall, access aisle, driveway or off- street parking facility. d. All vehicle queuing measurements shall commence from the drive -through service window. In the case where two (2) service windows are provided, the measurement shall commence at the second window from which services are provided. Vehicle Storage. Off-street parking facilities supplied by the owner or operator shall not be used by commercial vehicles owned, operated, or used in the business of such owner or operator during his/her regular hours of business, or by vehicles offered for sale unless additional parking spaces are made for these vehicles. Off -Street Loading Space Design. FIGURE 7-25 Page 54 of 75 3C Feet - Jel �Itr y k,, p a. Location. Loading spaces shall be located on the same lot as the building or structure to which they are accessory. No loading shall be located in a required front yard. b. Designation and Use. Each required loading space shall be designated as such and shall be used only for loading purposes. c. Design and Maintenance. Off-street loading spaces shall be an area at grade level at least twelve (12) x fifty-five (55) feet long with a fourteen -foot vertical clearance. For buildings less than fourteen thousand nine hundred ninety-nine (14,999) square feet, the required delivery space may have a minimum dimension of twelve (12) feet x thirty (30) feet with a fourteen -foot vertical clearance. Each loading space shall be accessible from the interior of the building it serves without crossing or entering any other required off-street loading space, off-street parking space, or circulation area. Such loading spaces shall be arranged for convenient and safe ingress and egress by motor truck and trailer. 4. All loading spaces shall be paved. ( Ord. No. 2013-44, § A, 12-17-13 ) Page 55 of 75 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 56 of 75 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 57 of 75 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. The minimum first floor elevation of all residential buildings shall be as follows: 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. 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: 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 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. 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. Habitable/non-residential buildings shall comply with the following standards: (Supp. No. 19) 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. 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: 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 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. 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. Created: 2021-03-31 19:07:49 [EST] Page 1 of S Page 58 of 75 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. 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. Filled Land. 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. 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. 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. 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. 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O O .� O O v O O in l0 w O O O O O O O O O O O O O O O O 0 Ln Ln Ln o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c 0� M M r" Ln o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 G r-1 r-1 r1 r1 00 r1 r1 r1 00 r1 r-I 00 r1 r-1 00 r1 r1 E 7 U ccE Ln G (.� :6 r-I r-I N N M Ln Ln 1l m 0 rl 0 Z W � � 2 Z W Z W -A N W 0 0 O' I'lW i i W Ln ~ I� H J O W W rl W W J Q Q N M � I -1 �J J� J 0 C) Z Q W W J J J W G J z cJ G J z J cJ G J 0_ N Q Q Q cc Q G cc Q G cc Q G Q 0 Q LL c G cW Q LL c G W Q c G Q LL c G Z � � � � Q H Q H Q H 2 H W Q C 0- � W Q 2 0- H- Q W Q W c J Z W Z W Z W LL Z W W LL Z W W LL Z W W Z W W J Z a W LL W 0 J Lu o_ W LL W 0 Z W LL W J Z� W LL W C U in in 0 0 � 0 J in J W S J W� J C,7 Ur z C� z (� z m� 0 Q J (n Ur � Z W J In t� � Z W c In C C7 Z J Ln 0 Z 0 Z W Q 0' W 0' W 0' W 0' In W = Ln W = Ln W OC G W e OC G In W e 0' G Ln 0 W Q OC LL In W c OC G In Q rl W W N J N 0A u U') Lccf) Iccy Qccl .cc -I Q�' OJ r1 W N W N (n M Ln Ln c2c G G G G G N 0 Q oc oc oc oc oc oc r u a a Page 60 of 75 0 0 0 0 0 0 0 0 0 0 o o Ln o o 0 M (M M Ln Ln Ln M LO Lr) M N -1 -1 N M M m m m m m mD oO D 00 00 00 00 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O O O N N N N N N N N N Ln ._- N M M M M M N N U� O Lq LqO 0 0 0 0 0 0 0 0 0 0 O O O I� ci I� ci ci ci rl ri M `- N N N N N N N N 00 S 00 00 Ln Ln Ln Ln O O O O O O 0 0 0 0 0 O O O c-I c-I c-I -1 N N N N N ._- M M M M M M N N Ln Ln Ln Ln Ln Ln Ln Ln Ln O U O O O O O O Ln Ln N N N N N N N N N Ln Ln Ln Ln Ln Ln N N O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M t,D M M t.0 t0 t0 l0 L,O 1.0 LD LD lD LD LD l0 l0 _ Q Q M rt) M cn O O O O O O O O O O O O O O O O O O O O Ln O Ln Ln Ln Ln O O O O O Ln Ln Ln LO O O Z Z Z Z o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ w ~ w ~ w ~ w O O 0 O O O 0 00 0 l0 LA L.0 l0 LT 00 00 O 0 V) U) U) v) 0 0 0 0 0 0 0r--� 0 Ln Lr Ln Ln 06 r- r, 0 0 w w w w O O O O O O O c-I O m M M M O -1 -1 � O O w w w w 00 rl ci 00 rl ci N N N -1 N N .... N N U7 U7 Ln Ln Ul Q J N N Z W o_ Z N-i O w LLB J = inc~ O H Ln w p U w U LA_ w Z O i U Q Ln N O_ w J U) S Z J p p Ll W W S Q = -1 LP) J Q p Q (~ O O WQ X ZQ Z p V2Z Jp Jz Q Q QUccG QUccG oSOCC OSOCC OSOCC O X WQ Q W UccG UccG Q Q Zw S W W Wc O Q WQ Z W O L Z 0_ U) 0_ p O_ [SO w O W O W W OW W0_ WW n n U U U WS Ln Ln Z J Z= J Z JIn -i Z Z H Z Z H____J w 0 0 0 H 0 0 C7 W O O L a w a w aO w LZpu n U Z U U U QQ Q= U Uw Ln ci Ln N Ln -0 p Z O U U U U J = X S Q Q Q w O zl- Page 61 of 75 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 aquacultural 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. (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; Ord. No. 2020-23 , Pt. A, 8-4-2020) (Supp. No. 19) Created: 2021-03-31 19:07:49 [EST] Page S of S Page 62 of 75 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: 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: 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 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. Permit the use of land or a structure contrary to the use provisions of Section 3.01.00; (Supp. No. 19) Created: 2021-03-31 19:07:55 [EST] Page 1 of 4 Page 63 of 75 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: 1. Name and address of applicant; 2. Legal description, street address, and lot number and subdivision name, if any, of the property which is the subject of the application; 3. The size of the subject property; 4. The variance sought and the Section of this Code from which a variance is requested. Except for non- residential accessory structures in AG-1, AG-2.5 and AG-5, if the application is for one hundred percent (100%) variance from road frontage requirements, proof of recorded legal access shall be furnished with the application; 5. The purpose for the requested variance and a statement of the intended development of property if the variance is granted; 6. A statement of the hardship imposed on the applicant by this Code; a statement setting forth reasons why this hardship is unique to the applicant, and why the same hardship is not imposed on other property in the neighborhood that is similarly situated; a statement of why the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located; a statement of why the variance will not increase traffic, the danger of fire, or impair property values in the neighborhood; a statement of why the proposed variance is the minimum variance that will make possible a reasonable use of the land, building, and structures; and a statement explaining how the proposed variance is consistent with the general spirit and intent of this Code and the St. Lucie County Comprehensive Plan; (Supp. No. 19) Created: 2021-03-31 19:07:55 [EST] Page 2 of 4 Page 64 of 75 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. 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. 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; 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. Created: 2021-03-31 19:07:55 [EST] (Supp. No. 19) Page 3 of 4 Page 65 of 75 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. 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. (Supp. No. 19) Created: 2021-03-31 19:07:55 [EST] Page 4 of 4 Page 66 of 75 IYA Environmental resources Final report TO: Tahir Curry, Planning & Development Services THROUGH: Amy E. Griffin, Environmental Resources Director Jennifer L. McGee, Environmental Regulations Manager FROM: Brian J. Arbeiter, Environmental Planner DATE: May 121', 2021 SUBJECT: Pallas Office Building — Variance BA-9202025848 Background The Environmental Resources Department (ERD) is in receipt of the March 22nd, 2020 date -stamped submittal from Planning and Development Services. The applicant is seeking approval of a variance to decrease the allowable driveway to side property line setback to five (5) feet. The driveway requires a twenty-five (25) foot setback to the side property line per LDC 7.05.06.2.C. The project is located at 2210 S 40th St in Ft. Pierce and currently consists of one (1) 710 SF building on a 0.21—acre parcel (Parcel ID 2417-704-0025-000-8). The parcel is currently zoned Commercial General and has a land use code of 0100 — Single Family. Findings The proposed variance is not anticipated to result in any adverse environmental impacts, as the parcel has been previously developed. ERD will conduct further review through the site plan/building permit review process. Recommendation ERD has no objection to the approval of the referenced variance. Please contact Brian Arbeiter at 772-462-2866 if you have any questions. 1111111111 �������lllllllllllllllltllllllic E Page 67 of 75 John Doe 123 Anywhere St. Anywhere, USA 12345 Public Hearing Date: Wednesday, May 26, 2021 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL. 34982 Meeting Time: 9:30 AM (or soon thereafter) ApplicantlProperty Owner TD Enterprises FP, LLC David Pallas 2361 Coolidge RD Fort Pierce, FL 34945 Agent Abraham Chabab, Inc. Abraham Chabab, PE 5428 NW Edgewater Ave Port St. Lucie, FL 34983 Parcel ID: 2417-704-0025-000-8 Proiect Location 2210 S. 40th Street Fort Pierce, FL 34947 Future Land Use COM (Commercial) Existing Zoning CG (Commercial General) P II Office Location dmg e o sa 1 Public Hearing Notice Notice of Proposed Variance Request You are receiving this notice because you are a property owner within 500 feet of the proposed petition. Project Description The request of Abraham Chabab, PE, on behalf of TD Enterprises FP LLC, for a Vari- ance from the provisions of Sections 7.05.06.C.2 & 7.06.02.13 of the St. Lucie County Land Development Code to: 1) Construct a vehicular use parking area 5 feet into the required fifteen (15) foot front landscape buffer along the right-of-way. 2) Provide a 24-foot access aisle instead of the required 26-foot access aisle for a two- way driveway of a 90 degree angled parking. 3) Construct a driveway 20 feet into the re- quired 25-foot side yard setback. 4) Construct a driveway twelve (12) ft. from an adjacent driveway, less than the 50ft. min- imum separation. The applicant is proposing to redevelop the subject site for use as a commercial office with associated site improvements and land- scaping. On November 23, 1984, the Board of County Commissioner approved a change in zoning from Residential, Multiple Dwellings - 5 to Commercial, General Zoning District. The St. Lucie County Board of Adjustment (BOA) has the power to authorize variances from the dimensional requirements in accord- ance with the provisions of Section 10.01.00, of the St. Lucie County Land Development Code. St. Lucie County policy strongly encour- ages public input and comments at the public hearing. You can contact Tahir Cur- ry, Project 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: i iui°i°yu��i> rttluui an r�ui,;;l or Email: 11 1 p ullllu . �umuutVtx,,;llll i u r uira Written 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 accom- modations to attend this meeting may con- tact 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 Plan- ning and Development Services Depart- ment —Planning Division please contact: Staff Tahir Curry Tel (772) 462-2515 Email CurryT@stlucieco.org Date Mailed 5/14/2021 Page 68 of 75 PLANNING AND DEVELOPMENT f <<� ., SERVICES DEPARTMENT .�»Wmii�yim m Planning Division VARIANCE RESPONSE FORM Please Return This Form To: St. Lucie County Planning & Dev. Serv. Dept. -Planning Div. ATTN: Tahir Curry, Project Manager 2300 Virginia Avenue, Ft. Pierce, FL 34982 Email: CurryT(Wstlucieco.orp or Fax (772) 462-1581 PROPOSED REQUESTED VARIANCE: The request of Abraham Chabab, PE on behalf of TD Enterprises FP LLC for a Variance from the provisions of the St. Lucie County Land Development Code, Sections 7.06.02.13 & 7.05.06.C.2, to: 1) Construct a vehicular use parking area 5 Project feet into the required fifteen (15) foot front landscape buffer along the Description: right-of-way 2) Provide a 24-foot access aisle instead of the required 26- foot access aisle for a two-way driveway of a 90 degree angled parking 3) Construct a driveway 20 feet into the required 25-foot side yard setback and 4) Construct a driveway twelve (12) ft. from an adjacent driveway, less than the 50ft. minimum separation. Project Location: 12210 S. 40th Street, Fort Pierce, FL 34947 Current Zoning: ICG (Commercial General) File No.: BA-9202025848 If you wish to comment, please check only one of the three following statements and return no later than Monday, May 24, 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, Tahir Curry, Project Manager at (772) 462-2515 if you have any questions. w Page 69 of 75 r a m O m O o a c9 00 N q M r O N r r r O) r O N d) N a M N r r N 00 r O N N N (O '.r rn s rn rn rn rn M a M m a m n a m m m a rn rn rn rn rn rn LL LL LL LL LL LL LL� LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL N N N N N N N N a N N N N N N N N N N J 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ',� LL LL LL LL LL LL U J LL> LL O S LL LL LL m LL LL LL LL LL LL d) O r Z n O` N p ~ j J Y m ❑ d m N Q (%] N N M N❑ Q N m m a E a r Y L (n O O O N O O c9 �� 0 0 c0 O cp O O N w U �o U j L � x � o O m H w a w m m - m s m o m w o U oa ❑ m w sa U 0011C7 C7 SS tzZ�A(nHHH7 '.0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 '.O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 'O 0 0 0 0 0 0 0 017 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W! F O N' M 5g N N O (2 N (9 W I: m !g W -N N d2 N cR '.M O M O O M O 0 0 O N N M '.0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 9 '.0 0 0 0 0 0 0 0 0 0 N . � 0 0 0 0 0 0 0 0 0 0 0 0 99 r m r r r r r o r o r r ro o r r r r r r r r r o Page 70 of 75 '11k EHWAi * �-* -1 COUNTY OF ST. LUCIE MI � �`�D r)FVF1J-) Pvl E -,,� T ";ERVIC'E,; DEPA ['Janning Divisic)jj COMPLIANCE WITH POSTING OF NOTICE REQUIREMENTS - SIGN AFFIDAVIT I�NAV , being first duly sworn deposes and states: r7`11` 1. I am the owner or the agent for the project known as Pallas Office Building Variance for the 2. 1 hereby certify that I have complied with the notice requirements set forth in Section 11.00.03.E of the St. Lucie County Land Development Code for the Board of Adjustment public hearing to be conducted by Wednesday, May 26, 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 c pe y the St Lucie County Planning and Development Services - Planning Division on T�✓ � _7 The following required documentation is attached: A. Dated Photo submitted electronically (Close up) B. Dated Photo submitted electronically (Distant) Further affiant sayeth not. Signature of Affiant STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2021, by - 4c%AA,x,A Said person /,"is personally known to me, , 'pioduced a driver's lice a state of the United States within the last five (5) years as identification, or nseissued, produced other identification, to wit 3 H�-R)(i- A HOW� NMry. Public, State of C Notary Pubk - State of Florida Commission GG 260038 Typed or Printed Name of Notary # My Comm, Ex0res Nov 30, 2022 Commission No.: My Commission expires: ST'. LUCIE Page 71 of 75 Text of Ad: 05/07/2021 ST. LUCIE COUNTY BOARD OF ADJUSTMENT PUBLIC HEARING AGENDA Wednesday, May 26, 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 provisions of the St. Lucie County Comprehensive Plan that the following applicant has requested that the St. Lu- cie County Board of Adjust- ment consider the following request: PURPOSE: The request of Abraham Chabab, PE on be- half of TD Enterprises FP, LLC for a Variance from the provi- sions of the St. Lucie County Land Development Code, Sec- tions 7.06.02.13 & 7.05.06.C.2, to: 1) Construct a vehicular use parking area 5 feet into the required fifteen (15) foot front landscape buffer along the right-of-way 2) Provide a 24-foot access aisle instead of the required 26-foot access aisle for a two-way driveway of a 90 degree angled parking 3) Construct a driveway 20 feet into the required 25-foot side yard setback and 4) Con- struct a driveway twelve (12) ft. from an adjacent driveway, less than the 50ft. minimum separation, within the CG (Commercial, General) Zoning District. FILE NUMBER: BA-9202025848 LOCATION: 2210 S. 40th Street, Fort Pierce, FL 34947 PARCEL I.D.: 2417-704-0025-000-8 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 May 26, 2021 beginning 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. 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. The peti- tion file is available for review at the Planning and Develop- ment Services Department — Planning offices located at 2300 Virginia Avenue, Fort Pierce, Florida during regular business 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. Public comment for upcoming meetings can be submitted several ways: • Email at Curryt@stlucieco.or g or by phone at 772-462- 2515. • Email at pcispubliccomment @stlucieco.org. The St. Lucie County Board of 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 PUB: May 14, 2021 TCN4727071 Page 75 of 75