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Agenda Packet 08.17.2023
PLANNING & ZONING COMMISSION AGENDA ST. LUCIE COUNTY Regular Meeting Thursday, August 17, 2023 6:00 PM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS CHAIRMAN BOB LOWE VICE-CHAIRMAN ED LOUNDS BOARD MEMBER CRAIG MUNDT BOARD MEMBER VALERIE SLACK BOARD MEMBER CRAIG BRIDGERS BOARD MEMBER WILLIAM O’DELL AT-LARGE BOARD MEMBER JAMES A. TAYLOR, III AT-LARGE BOARD MEMBER LARRY NEESE AT-LARGE BOARD MEMBER RYAN BINNER EX-OFFICIO BOARD MEMBER VACANT Mission Statement St. Lucie Works to deliver superior service that enhances our quality of life Page 1 of 209 Regular Meeting Thursday, August 17, 2023 6:00 PM 2 | P a g e WELCOME • Please turn off all cellular phones and pagers prior to entering the Commission Chambers. • Please note that the Planning and Zoning Commission/Local Planning Agency serves in an advisory capacity to the St. Lucie County Board of County Commissioners and has the power to review and make recommendations to the Board, for approval or disapproval, on any applications within their area of responsibility. • The Planning and Zoning Commission strongly encourages your input and comment at the public hearing. Please limit comments to three minutes if possible and be respectful of others’ opinions. • For public convenience, all meetings are televised and are provided with wireless internet access. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the Human Resources Department at (772) 462-1546, HumanResources@stlucieco.org or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. Page 2 of 209 Regular Meeting Thursday, August 17, 2023 6:00 PM 3 | P a g e 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION 4. ROLL CALL 5. ANNOUNCEMENTS 6. DISCLOSURE(S) 7. MINUTES A. St. Lucie County Planning & Zoning Commission minutes for the meeting of July 20, 2023 8. PUBLIC COMMENT 9. PUBLIC HEARINGS A. Children’s University Midway - CU-2306-000058 B. KRE Industrial Rezoning - RZ-2306-000025 C. Public Hearing on the Proposed Amendment of the St. Lucie County Land Development Code, Section 7.10.12., Scrap, Waste and Recycling Operations, and Section 2.00.00, Definitions. 10. WORKSHOPS 11. OTHER BUSINESS 12. ADJOURN Page 3 of 209 PLANNING & ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA Regular Meeting July 20, 2023 Convened: 6:03 pm Adjourned: 10:25 pm 1.CALL TO ORDER The meeting was called to order at 6:03 pm by Chair Lowe. 2.PLEDGE OF ALLEGIANCE Led by Chair Lowe. 3.INVOCATION Led by Mr. Taylor. 4.ROLL CALL Roll call was held by Board Secretary. Present Board Member James A. Taylor, Board Member Craig Mundt, Board Member Ryan Binner, Board Member Valerie Slack, Board Member Larry Neese, Vice-Chair Ed Lounds, Chair Bob Lowe Excused Board Member Billy O'Dell, Board Member Craig Bridgers 5.ANNOUNCEMENTS None. 6.DISCLOSURE(S) Mr. Binner, Mr. Taylor, and Chair Lowe disclosed a conversation with the P-1 Motor Club representatives. 7.MINUTES A.St. Lucie County Planning & Zoning Commission minutes for the meeting on June 15, 2023. Page 4 of 209 Planning & Zoning Commission Meeting - Thursday, July 20, 2023 6:00 PM 2 | P a g e RESULT:APPROVE MOVER:Vice-Chair Ed Lounds SECONDER:Chair Bob Lowe AYES:James A. Taylor, Bob Lowe, Craig Mundt, Ed Lounds, Ryan Binner, Valerie Slack, Larry Neese NAYS:None EXCUSED:None 8.PUBLIC COMMENT None 9.PUBLIC HEARINGS A.Able Adult Day Care Center - Request for a Conditional Use Permit to allow an adult daycare center with a capacity of up to eighty (80) adults within the I (Institutional) Zoning District. The adult day care is non-medical and will operate from Monday – Saturday, 8:00 am – 6:00 pm at 3525 West Midway Road, Fort Pierce, Florida. STAFF PRESENTATION: Tahir Curry, Planner I, St. Lucie County Planning Division, made a presentation. BOARD DISCUSSION: None. APPLICANT PRESENTATION: Nikki Kelly 3525 W. Midway Rd. Nikki Kelly - Thank you for having me. Nikki explains what her project is and how it will help the community. BOARD DISCUSSION: Chair Lowe inquired about licensure status. Ms. Kelly stated the license has not been secured, as they must finish this process first. Mr. Mundt inquired about the application process and drop-off. Ms. Kelly stated there will be an application, we must make sure we can take care of the needs of the person. Case by case basis. Mr. Mundt inquired whether clients would mostly be senior citizens, which was affirmed by the applicant. Chair Lowe questioned the source of funding, and whether clients may pay out of pocket. Ms. Kelly confirmed funding potential through the State and Medicaid, through long-term care as well as out-of-pocket payments. Page 5 of 209 Planning & Zoning Commission Meeting - Thursday, July 20, 2023 6:00 PM 3 | P a g e Chair Lowe –asked how many cars will be coming & going. Ms. Kelly replied that a transportation service will be provided with insurance. Ms. Slack inquired whether the facility will service special needs if there is a way to separate patients. Ms. Kelly stated that a separate special needs license is required, therefore it will not be offered to start though there is a way to separate them. Chair Lowe questioned whether food would be served. Ms. Kelly replied that no hot food would be provided, but a continental selection. PUBLIC COMMENT: None. BOARD DISCUSSION/MOTION: RESULT:APPROVE MOVER:Board Member Ryan Binner SECONDER:Board Member Valerie Slack AYES:James A. Taylor, Bob Lowe, Craig Mundt, Ed Lounds, Ryan Binner, Valerie Slack, Larry Neese NAYS:None EXCUSED:None B.P1 Motor Club - Proposed Comprehensive Plan Future Land Use Map Amendment from AG-5 (Agricultural-5) to SD (Special District). STAFF PRESENTATION: A presentation made by Thad Crowe, Senior Planner, Planning Division made the presentation. Mr. Crowe highlighted the P-1 Motor Club’s request for an Amendment to the Comprehensive Plan Future Land Use category to an SD (Special District) category which would allow for a private mixed-use motorsports complex. He detailed that the SD would provide for the principal use of paved tracks or circuits for cars to drive on; “garagemahals” which are garage condos that are individually owned units for housing sports and vintage cars, as well as other use integrated uses. He explained the multi-phased project consisting of four connected areas, with assigned uses. The presentation touched on guidelines or policies proposed by the Special District and concluded with staff’s recommendation. BOARD DISCUSSION: Mr. Binner spoke to registration requirements for nightly occupants, which would be capped at 125. Staff replied with emphasis on self-regulation, but also the requirement for a registrar to maintain an ongoing record. A future PMUD application would detail the frequency of reporting, with staff responding to any residents’ complaints. It was noted that the applicant already has a system that provides this report. Page 6 of 209 Planning & Zoning Commission Meeting - Thursday, July 20, 2023 6:00 PM 4 | P a g e Mr. Binner inquired further into impact fees to fund fire & emergency services, and the applicability to garage-mahals, to help with emergency services. Mr. Kori Benton, Planning Manager, stated the County has adopted categories for impact fees (examples given), noting that when a use does not fit that mold, published data is utilized to assess traffic impacts (example given), during plan development review and before permit issuance to ensure an appropriate assessment would be made if an alternative impact fee is required. If a future build-out takes place, an assessment will take place and supplemental fees will be charged depending on community impact. Mr. Binner explored whether there is a better way to test the sound levels, stating once noise departs, there are many factors that change the noise levels. He questioned whether there will there be a PA system on the property. Staff noted that level of detail would come in the planned development stage, though the County is open to suggestions on the requirements and phases. Mr. Benton affirmed the phasing guidelines are intended to provide for a mechanism to assess the impact of phase one before other phases take place. Vice-Chair Lounds inquired about the allowance for full-time residents, and to the extent there will be staff on-site to tend to members. Staff replied that full-time residents could enjoy the up to 125 dwelling units, but not the garagemahals and that staff are expected on the campus. Vice-Chair Lounds requested an idea of what 103 decibels is, inquiring whether it was similar to aloud motorcycle or a car without a muffler. Ms. Slack gave examples of different decibel levels – including a 737 or DC aircraft at one nautical mile is 90 decibels, a jet takes off at 305 meters at 100 decibels, a steel mill auto horn at one meter, a turbofan aircraft at take-off power of 200ft, live rock music in the range of 108-114 decibels, human pain at 110, 100 decibels can be damaging in an 8hr exposer. Vice-Chair Lounds agreed with Binner about measuring the noise at the boundary, not the source location, then asked about the water & treatment plant. The applicant stated that is correct, an on-site plant would be provided Vice-Chair Lounds stated he would like to discuss this further, as there was not a representative for the Utilities Department to expand on that now. He complimented staff & team, highlighting that growth is going to come, that it could benefit from water lines up to Carlton Road for future expansion. Mr. Benton replied that it is being evaluated. Vice-Chair Lounds inquired where would the excess sewer material would go from this kind of facility. Mr. Benton replied that it is not his area of expertise, however; typically, there would be an injection well or deposit area for that. Page 7 of 209 Planning & Zoning Commission Meeting - Thursday, July 20, 2023 6:00 PM 5 | P a g e Mr. Mundt inquired whether clients must be members to use or purchase the garages and not available to the public. Staff affirmed that is their understanding. Mr. Mundt explored discussion about the report that Kimley- Horn submitted on the impact of traffic in the area. Mr. Crowe replied, yes, staff had three revised versions of that report, and each was picked apart. Discussion of animal control on the property resulted in barriers to be designed. APPLICANT PRESENTATION Applicant Presentation made by Michael Houston – HGA Desing Studios & Ari Straus, applicant. Chair Lowe inquired about the tax benefits this will bring to the County. The applicant suggested the range is north of a $100,000,000 dollar tax assessment, and that charity events can be hosted at the site. Board Discussion with the applicant: Ms. Slack inquired about provisions for air traffic control. The applicant stated the air strip would support infrequent landings, requiring advance permission and it will not be towered, or lit, with the requirement for a commercial pilot with activities before the track opens & after it closes. The window would be 7:30 am – 8:30 am and 4:30 pm - 6 pm. No aircraft services. Ms. Slack inquired about fuel tank system design and placement. The applicant provided highlights, that there would be aboveground, two tanks for 93 & 100 octane for cars active on-site available to the members/guest only. The tanks are expended to be 5000-gallons, to be split 3,000 for 93 & 2,000 for 100 as an example though the PMUD will provide full details. Ms. Slack questioned the total sq ft that is planned to allocate to the whole site at build-out. The applicant suggested a full build-out of 2.1 million square feet at total build-out over multiple years, touching on an inquiry of a future collocation for a fire station. Vice-Chair Lounds explored the type of employees anticipated from this County and the cost for the utilities plant. The applicant stated employees will range from hospitality staff, mechanics, landscapers, food & beverage personnel, and motorsports executives. The applicant was unable to advise as to the overall cost, and cost differential in building a standalone plant or extending utility lines from the fairgrounds. A figure of 2.5-3 million dollars was suggested, though it is the applicant’s understanding is that it would be more costly to have their own package plant. Mr. Mundt asked about the number of members in Monticello. The applicant confirmed 700 members (individuals, couples, families) with capacity to have many more. The build-out number for this site is 1,200 members. Mr. Mundt questions the operating budget at the Monticello club., however the applicant cannot share those proprietary details. The applicant replied to his inquiry about private owner services (Repair shops, maintenance, landscaping, etc.), noting thee compacity to Page 8 of 209 Planning & Zoning Commission Meeting - Thursday, July 20, 2023 6:00 PM 6 | P a g e bring in motorsports-type businesses and the possibility of private businesses on the property as long as they’re in the world of motorsports. Mr. Taylor questioned the County’s authority to limit the number of members they are allowed to take on. The applicant noted use of a system called “track hero” to track any information that the County is requesting. Mr. Benton explained the cap correlates to the intensity of this project, and that although capping the membership is not necessary limiting the number of people on the property, however; there is a correlation. Mr. Binner inquired about whether there is a specified number of concerns regarding traffic in phase 2. Staff noted the unique nature of the use, and the ability to capture actual data over a five-year period to refine the traffic impact data. Ms. Slack explored the term “paddock”, asking the applicant to define it. The applicant described it as an area where the teams keep their transporters and motor homes before, during, and after races. There is reserved acreage for each paddock. Ms. Slack and the applicant discussed noise levels and that the fencing for the animals. Mr. Binner inquired whether the applicant is comfortable with hours of operation. The applicant confirmed, yes, for the most part, with some amendments for special events. Vice-Chair Lounds noted the reference to teen driver training at night was a great idea, acknowledging the appropriate limited to avoid interference to onsite residences. Mr. Taylor noted that (AR) a teen camp would be the most likely use for this program. Mr. Binner sought clarification on the wet pad and launchpad, with the applicant verifying the use scope for training. Public Comments: Rick Modine - 5660 SUMMERLIN RD – A Neighbor of the proposed project, spoke on the project and the information in the report, suggesting he had no knowledge of the project being proposed until days before the meeting. He addressed the community report provided, water management, the bridge to nowhere (near the fairgrounds), and the disappearance of all the agricultural lands. He suggested the County is pricing out the locals, with all the big projects that are being approved. Grayson S Gilbert - 407 FERNANDINA ST – Spoke about the applicant's presentation – suggesting the project was under the radar. He feels the County was keeping this secret, and that this is not a good project for the County. He suggested that this project will radiate beyond the footprint of the project, touching on sound concerns and this affecting future growth and wildlife, that this is not agricultural. Clay Yates - 426 Avenue A – Stated his comments piggyback off Mr. Modine, emphasizing Page 9 of 209 Planning & Zoning Commission Meeting - Thursday, July 20, 2023 6:00 PM 7 | P a g e mitigating noise and light pollution. Cody Holcomb - 1020 SNEED RD – Addressed the Commission regarding large-scale developers, touching on the beautiful land that the county has. He wants to preserve the agricultural lands, addressing the County ordinance(s) on smaller acreage labeled as agricultural. He referred to a discussion with Mr. Lounds, touching on zoning issues and hobby farms being priced out. Mr. Binner addressed the Commission relating to recent development proposals and themes of moving the Urban Service Boundary, community design with transition and buffering, and higher density housing in contrast to the proposed project. The Public Hearing was closed. RESULT:APPROVE MOVER:Board Member Ryan Binner SECONDER:Board Member Ed Lounds AYES:James A. Taylor, Bob Lowe, Craig Mundt, Ed Lounds, Ryan Binner, Valerie Slack, Larry Neese NAYS:None EXCUSED:None 10.WORKSHOPS A.Towns, Villages, & Countryside (TVC) Educational Presentation STAFF PRESENTATION: Ben Balcer and Kori Benton were present, with Mr. Balcer presenting a hhigh-level overview of the TVC (Towns, Villages, and Countryside) Overlay and Policy. Staff engaged in light discussion with board members. 11.OTHER BUSINESS Page 10 of 209 Planning & Zoning Commission Meeting - Thursday, July 20, 2023 6:00 PM 8 | P a g e 12.ADJOURN The meeting was adjourned around 10:31 PM Page 11 of 209 ITEM NO. (ID # 2023-61708) DATE: 8/17/2023 AGENDA REQUEST TO: Planning and Zoning Commission PRESENTED BY: Thad Crowe, Senior Planner SUBMITTED BY: Planning & Development Services SUBJECT: Children’s University Midway - CU-2306-000058 BACKGROUND: The petitioner, Children’s University, LLC is requesting a Conditional Use Permit, to allow for child care services for up to 120 students between one and five years old, within the CO (Commercial Office) Zoning District. The petition includes two buildings in the rear of a five-building office park known as the Drawdy Office Park. PREVIOUS ACTION: The first office 5,648 square foot Building # 1 (old Chamber location) was built in 1999. In 2003, a Minor Site Plan approval allowed the expansion with four new buildings totaling 16,307 square feet. Building # 2 was built in 2004, Building # 3 in 2009, Building # 4 and # 5 were built in 2010. In 2016, the applicants filed a Conditional Use Request for the Revive Detox Center, in the two buildings proposed for child care. The petition was withdrawn. Current office park tenants include a physical therapist, an engineering construction office, a church administrative office, and three vacant suites. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends approval of the proposed Conditional Use Permit with the following conditions: 1. Child care services is permitted for up to 120 students. 2. A Site Development Permit is required prior to performing site improvement activities 3. Prior to Zoning Compliance stage, provide a minimum of six bicycle spaces. 4. Locate dumpster where it will not block vehicle movement – utilize two parking places with sufficient access for garbage trucks. Page 12 of 209 5. Within one year of Conditional Use Permit approval, provide pedestrian connection between Midway Road sidewalk and buildings, which can utilize interior sidewalks adjacent to buildings and striping on pavement. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: August 11, 2023 Benjamin Balcer, Planning & Development Services Director Date: August 11, 2023 Katherine Barbieri, Assistant County Attorney III Date: August 11, 2023 Mayte Santamaria, Deputy County Administrator Page 13 of 209 Planning and Development Services Department Planning Division M E M O R A N D U M Children’s University is seeking a Conditional Use Permit, in accordance with LDC Section 11.07.03, to allow for child care services at 2945 and 2955 West Midway Road, Fort Pierce, FL 34981. GENERAL INFORMATION: Property Owners: Chel Businesss Property, LLC 6 Jupiter Hills Drive Newport Beach, CA 92660 Applicant/Agent Karina Garcia Children’s University, LLC 2945 West Midway Road Fort Pierce, FL 34892 Location: 2935 West Midway Road, Fort Pierce, FL 34981 Future Land Use(s):RU (Residential Urban) Zoning District:CO (Commercial Office) Parcel ID Number(s):3405-421-0001-000-2 Site Size:4.29 acres Existing Use:Office Park Proposed Use:Child Care Services as part of Office Park Urban Service Boundary (USB):Located inside the Urban Service Boundary (USB) Utilities The site is served by central water and sewer by Port St. Lucie Utilities (PSLU). Fire/EMS:Fire Station #6, located 350 E Midway Road Ft. Pierce, FL 34982, is approximately 2.1 miles east of the subject parcel. TO:Planning and Zoning Commission THROUGH:Benjamin Balcer, AICP, Planning & Development Services Director Kori Benton, AICP, Planning Manager FROM:Thad Crowe, AICP, Senior Planner DATE:August 4, 2023 SUBJECT:Children’s University - Conditional Use (CU-2306-000058) Page 14 of 209 Project Name: Children’s University File No.: CU-2306-000058 2 Figure 2: Future Land Use Figure 1: Location Map Figure 2: Aerial Map Page 15 of 209 Project Name: Children’s University File No.: CU-2306-000058 3 BACKGROUND: The petitioner, Children’s University, LLC is requesting a Conditional Use Permit, to allow for child care services for up to 120 students between one and five years old, within the CO (Commercial Office) Zoning District. The petition includes two buildings in the rear of a five-building office park known as the Drawdy Office Park. Building # 1, formerly occupied by the St. Lucie County Chamber of Commerce, is now vacant and Buildings # 2 (2945) and # 3 (2955) would house the proposed day care, Building # 4 is occupied by a physical therapy clinic, an engineering construction services office, and an air conditioning company. Building # 5 is occupied by a church administrative office and has two vacant suites. The two buildings to be utilized for child care services comprise 8,654 square feet. Building # 1 (the eastern building) will be utilized for younger children and Building # 2 for older children. Each building will have an adjacent outdoor fenced playground that will employ a six-inch thick padded surface over the existing paved parking areas. The Building # 1 playground would be 1,500 square feet and Building # 2 playground would be 1,886 square feet. Parking. The parking lot now has 114 parking spaces. With the addition of the playgrounds, the Applicant is removing 11 parking spaces, which reduces total spaces to 102. The property owner has assigned 37 spaces (not including two spaces needed for a dumpster location) to the Applicant. Staff finds that 37 parking spaces are sufficient - the highest Institute of Transportation Engineers (ITE) parking ratio for day care is 0.24 spaces per student, which for 120 students would require 29 spaces. The remaining 65 spaces are sufficient for the other buildings – the average survey rate of 2.43 parking spaces per 1,000 square foot for office parks would call for a lower 33 spaces for the remaining 13,448 square feet of non-child care space. The Applicant is also required to provide a minimum of six bicycle parking spots located in close proximity to the center’s entrance, in a visible and well lighted area. Hours of Operation. Hours of operation will be between 7 AM and 6 PM, Monday through Friday. Drop-off and Pick-up. The Applicant indicated that parents will not be queuing up in the parking lot, but will park in one of the 37 assigned spaces and walk their children to the buildings. Pedestrian Connection to Midway Road Sidewalk. To allow for safe passage of employees, Staff is recommending a pedestrian circulation route that connects day care buildings with the Midway Road sidewalk. This route can utilize existing sidewalks in front of buildings, striping where the route traverses the parking lot, and a new sidewalk segment to be added through the green space west of the entrance driveway. Several factors justify this: •The property is less than a quarter of a mile from transit stops for TCC Route 8, located at Midway & 25th Street (Route 8), which links Port St. Lucie with Orange Ave. in Ft Pierce, and provides connections to other bus routes. This creates the potential for employees and clients to access the property by transit. •The property is a few hundred feet east of the Ravinia development which is now under construction. Ravinia includes 149 small-lot homes and a system of sidewalks, which makes it relatively easy for families in this development to walk with their kids to the child care facility. •The divided driveway is narrow and does not provide safe passage for pedestrians. As Figures 3 and 4 demonstrate, the center’s entrance can connect with the sidewalk in front of Buildings 4 and 5 to the north, and a new sidewalk can be constructed at the end of this sidewalk to connect to the Midway sidewalk. The new 140-foot long sidewalk can be located so as not to require any tree removal. Staff is amenable to phasing in the new sidewalk up to one year after Conditional Use Permit approval. Page 16 of 209 Project Name: Children’s University File No.: CU-2306-000058 4 *********************************************************************************** STANDARDS FOR CONDITIONAL USE REVIEW AS SET FORTH IN SECTION 11.07.03 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE The St. Lucie County Land Development Code (LDC) Section 11.07.03 establishes the Standards for Review for Conditional Use Permits. Approval shall be granted only if the Applicant meets the following criteria. A. Consistency with Local Ordinances and Comprehensive Plan The Development Review Committee has reviewed the proposed Conditional Use Permit application, finding it to be consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Land Development Code (LDC) and Comprehensive Plan. Comprehensive Plan: The proposed Conditional Use complies with all requirements and is consistent with the general purpose, goals, objectives, and standards of this Code, the Code of Ordinances of St. Lucie County, and the St. Lucie County Comprehensive Plan. Figure 3: Potential Pedestrian Connection Figure 4: Potential Sidewalk Location Page 17 of 209 Project Name: Children’s University File No.: CU-2306-000058 5 Land Development Code: The subject property is zoned Commercial Office (CO), consistent with the Residential Urban (RU) Future Land Use Designation which allows limited nonresidential uses. Pursuant to LDC Section 3.01.03.R.7.a, child care services are classified under the Standard Industrial Classification (SIC Code 8351) as a Conditional Use within the CO Zoning District. The proposed child care use meets standards LDC standards pertaining to parking, access, landscaping, and other characteristics of use. Future Land Use: The Future Land Use designation of the subject property is RU (Residential Urban), which allows for limited nonresidential uses. Staff believes that child care services meets the intent of limited nonresidential use, since the facility serves nearby neighborhoods. Current Zoning: The zoning of the subject property is CO (Commercial Office) and the proposed use meets the purpose of the CO district. “The purpose of this district is to provide and protect an environment suitable for selected office and commercial uses, together with such other uses as may be necessary to and compatible with commercial office surroundings.” B. Effect on Nearby Properties Staff believes that the proposed Conditional Use will not have an adverse effect on surrounding properties based upon existing buffering on the site. The closest home, to the east in Twelve Oaks Estates, is over 100 feet away from the Building # 1 playground and the intervening vegetation provides an almost completely opaque screen (see Figure 5). New homes in Ravinia are over 150 feet from the Building # 1 playground, and are mostly screened by vegetation in the intervening area. The childcare activities will predominantly take place indoors, within classrooms, between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, with supervised play time utilized in shifts. The proposed operations will benefit the surrounding area including existing neighborhoods as well as new developments such as Ravinia, Noble Oaks, and Edwards Landing by offering convenient child care services. Figure 5: Existing Vegetation – Looking East Page 18 of 209 Project Name: Children’s University File No.: CU-2306-000058 6 Adjacent Zoning & Future Land Uses: Location Zoning District Future Land Use Existing Land Use Subject Property CO (Commercial Office)RU (Residential Urban)Church North CO (Commercial Office) AR-1 (Agriculture Residential-1) RS (Residential Suburban)Office Single-family detached home Northeast CO (Commercial Office)COM (Commercial)34.4-acre undeveloped parcel Northwest P/F (Public Facilities)I (Institutional)Golden Rule Academy Primary School South PUD (Planned Unit Development)RU (Residential Urban)Single-family detached homes (Ravinia) East RS-4 (Residential Single-Family-4)RU (Residential Urban)Single-ramily detached home Adjacent Parcels West PUD (Planned Unit Development)RU (Residential Urban)Common area for Ravinia neighborhood Figure 6: Future Land Use Map Page 19 of 209 Project Name: Children’s University File No.: CU-2306-000058 7 C. Adequacy of Public Facilities Utilities: The subject property is served by Port St. Lucie Utilities (PSLU) for water and sewer services. Traffic: The trip generation for the proposed building was calculated using trip generation rates and equations published by the Institute of Transportation Engineers (ITE) Trip Generation Report, 11th Edition. Estimated trip generation for the 120 students is 491 daily trips, 95 AM peak hour trips and 97 PM peak hour trips. Access to the site is provided via one existing driveway connection to Midway Road. The traffic generated is not anticipated to adversely impact the level of service for Midway Road – the average daily trips are 24,000, which equates to an acceptable Level of Service of “C.” As Figure 8 shows, vehicles can turn right, but can also cross eastbound travel lanes to access the left turn lane and make a u-turn to go westbound on Midway Road. Westbound traffic makes a manageable u-turn at Christensen Road. Figure 7: Zoning Page 20 of 209 Project Name: Children’s University File No.: CU-2306-000058 8 D. Adequacy of Fire Protection The St. Lucie County Fire District has reviewed the application as a contributor of the Development Review Committee (DRC). The applicant will be required to obtain Zoning Compliance approval for the use and is required to complete an inspection with the Fire District to assure compliance with the Florida Fire Prevention Code and the Florida Life Safety Code. The nearest Fire Station (Station #6) is located at 350 E Midway Road, is approximately 2.1 miles east of the subject parcel. E. Environmental Impact The Environmental Resources Department (ERD) had no objection to the application, which encompasses reuse of existing developed space. The site has multiple mature trees in the parking lot and in the buffer areas. The ERD Final Report is included in the Agenda Packet. STAFF RECOMMENDATION: Staff has determined the Conditional Use Permit to meet the standards for review outlined in LDC Section 11.07.03, and is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan, therefore, staff recommends the Planning and Zoning Commission forward a recommendation of approval to the Board of County Commissioners with the following conditions: 1. Child care services is permitted for up to 120 students. 2. A Site Development Permit is required prior to performing site improvement activities 3. Prior to issuance of a Zoning Compliance certificate, provide a minimum of six bicycle spaces. 4. Locate dumpster where it will not block vehicle movement – utilizing up two parking places with sufficient access for garbage trucks. 5. Within one year of Conditional Use Permit approval, provide pedestrian connection between Midway Road sidewalk and buildings, which can utilize interior sidewalks adjacent to buildings and striping on pavement. Figure 8: Transportation Context Page 21 of 209 August 15, 2023 Resolution No. 2023-XXX Page 1 File No(s): CU-2023-000058 RESOLUTION 2023-XXX File Numbers: CU-2306-000058 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, FOR A CONDITIONAL USE PERMIT ALLOWING CHILD CARE SERVICES IN THE COMMERCIAL OFFICE (CO) ZONING DISTRICT, IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based upon acceptable evidence, including but not limited to the staff report, has made the following determinations: 1) Karina Garcia, on behalf of Children’s University, LLC, submitted a petition for a Conditional Use Permit allowing childcare services for up to 120 students for the property depicted in the attached map as Exhibit “A” and described in Part “A” below. 2) On August 17, 2023, the Planning and Zoning Commission held a public hearing on this petition after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing, installing a sign on the property and notifying by mail all owners of property within 500 feet of the subject property, at which time all interested persons were given an opportunity to be heard. After the hearing, the Commission passed a motion to recommend approval/denial to the Board of County Commissioners. 3) On __________, 2023, the Board of County Commissioners held a public hearing on this petition after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing, installing a sign on the property and notifying by mail all owners of property within 500 feet of the subject property, at which time all interested persons were given an opportunity to be heard. 4) The St. Lucie County Development Review Committee has reviewed the Conditional Use Petition and found it to meet the technical requirements and to be consistent with the St. Lucie County Comprehensive Plan. 5) The St. Lucie County Planning and Zoning Commission has reviewed the Conditional Use Petition and recommended approval to the Board of County Commissioners. 6) The Conditional Use Permit, with the conditions therein, is consistent with the Goals, Objectives and Policies of the St. Lucie County Comprehensive Plan and satisfies the Standards of Review of Section 11.07.03 of the St. Lucie County Land Development Code. Page 22 of 209 August 15, 2023 Resolution No. 2023-XXX Page 2 File No(s): CU-2023-000058 7) The use will not have an undue adverse effect on adjacent property, the character of the neighborhood, and other matters affecting the public health, safety, and general welfare. 8) The use is arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with the applicable district regulations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The property on which the Conditional Use Permit is being granted/denied is described as follows: Legal Description: 5 36 40 E 1/2 OF NE 1/4 OF NW 1/4 OF SE 1/4-LESS MIDWAY RD AS IN OR 220-1947 AND 3369-703- (4.27 AC) (OR 2933-246; 3694-2676) Parcel ID Number: 3405-421-0001-000-2 B. The Conditional Use Permit granted by this Resolution shall become null and void unless a Building Permit or Certificate of Zoning Compliance is obtained within twelve (12) months of the Final (Minor) Site Plan approval for the use, or an extension is granted in accordance with Section 11.07.05(F) of the St. Lucie County Land Development Code. C. The conditions set forth in Parts “G” are an integral non-severable part of the approval granted by this Resolution. If any condition set forth in Parts “G” is determined to be invalid or unenforceable for any reason and the applicant or property owner declines to comply voluntarily with that condition, the Conditional Use approval granted by this Resolution shall become null and void. D. The Applicant has requested deferral of concurrency no later than the granting of a Final Development Order, attached as Exhibit “B”. The Certificate of Capacity shall remain valid for the term of this resolution unless revoked by the Board of County Commissioners. E. A copy of this Resolution shall be mailed to the owner of record as identified on the application. F. This Resolution shall be recorded in the Public Records. G. The following conditions apply to the Conditional Use Permit: 1. Childcare service is permitted for up to 120 students. Page 23 of 209 August 15, 2023 Resolution No. 2023-XXX Page 3 File No(s): CU-2023-000058 2. A Site Development Permit is required prior to performing site improvement activities. 3. Prior to Zoning Compliance stage, provide a minimum of six bicycle spaces. 4. Locate the dumpster where it will not block vehicle movement – utilizing up to two parking places with sufficient access for garbage trucks. 5. Within one year of Conditional Use Permit approval, provide a pedestrian connection between Midway Road sidewalk and buildings, which can utilize interior sidewalks adjacent to buildings and striping on pavement. H. ADOPTION After motion and second, the vote on this Resolution was as follows: Cathy Townsend, Chair XXX Linda Bartz, Vice-Chair XXX Chris Dzadovsky, Commissioner XXX Larry Leet, Commissioner XXX Jamie Fowler, Commissioner XXX PASSED AND DULY ADOPTED this ___ day of ________, 2023. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: ______________________________ CHAIR ATTEST: APPROVED AS TO FORM AND CORRECTNESS: ___________________ BY: ______________________________ DEPUTY CLERK COUNTY ATTORNEY Page 24 of 209 August 15, 2023 Resolution No. 2023-XXX Page 4 File No(s): CU-2023-000058 EXHIBIT “A” (LOCATION MAP) Page 25 of 209 August 15, 2023 Resolution No. 2023-XXX Page 5 File No(s): CU-2023-000058 EXHIBIT “B” (CAPACITY CERTIFICATE) Page 26 of 209 August 15, 2023 Resolution No. 2023-XXX Page 6 File No(s): CU-2023-000058 EXHIBIT “C” (CONDITIONAL USE SITE PLAN) Page 27 of 209 PLAN SNAPSHOT REPORT CU-2306-000058 FOR ST LUCIE COUNTY Conditional Use 06/12/2023App Date:Project:Plan Type:Children's University Midway (PR-000722-2023) 1Conditional Use 10/10/2023Exp Date:District:Work Class: 0.00In Review NOT COMPLETEDCompleted:Square Feet:Status: Description: Valuation: Goodmorning, I have passed the preapplication process, and I am attaching the same site plan as before, considering no modification will be needed. I did want to provide some details regarding the fencing that will be put up. The new fence will be 6 feet tall, solid black metal, with shudders weaving in between the fence so no one can see in or out. Thank you so much! If you have any questions, please feel free to contact me at (561) 344 - 0448 Karina Garcia $0.00 Assigned To:Crowe, Thad Approval Expire Date: Parcel:Main340542100010002 Address:2951 W Midway Rd Fort Pierce, FL 34981 2945 W Midway Rd Fort Pierce, FL 34981 Main Zone:RS-4(RS-4) AR-1(AR-1) CO(CO) PUD(PUD) Applicant Karina Garcia 2951 West Midway RD Port Saint Lucie, FL 34981 Mobile: (561) 344-0448 Plan Custom Fields Number of Pre Applications 1 Project Name Children's University Midway Acres 4.285 Future Land Use Designation RU Zoning District Legal Description 5 36 40 E 1/2 OF NE 1/4 OF NW 1/4 OF SE 1/4-LESS MIDWAY RD AS IN OR 220-1947 AND 3369-703- (4.27 AC) (OR 2933-246; 3694-2676) Existing Use of Property OFCE BLDG Project Category Commercial Type of Use Proposed Commercial Description of Specific Use if "Other": Daycare Change in Zoning No Future Land Use No Site Plan Approval Yes Reason As a daycare we are required to provide an outdoor play environment for the children to receive the full capacity that is needed for them to learn and develop in a safe and structured environment. This is shown on the attached site plan which includes the square footage of the playgrounds. In Conflict LDC No Existing Uses This area consists of miscellaneous facilities that all play a crucial role in the community by serving different purposes. Including but not limited to, Calvary Church's office, medical offices, and other businesses that support the daily needs of the surrounding community. A reputable daycare would greatly benefit families seeking such care, and remain unbothersome to those that are not. Page 1 of 62300 Virginia Avenue August 08, 2023 Page 28 of 209 PLAN SNAPSHOT REPORT (CU-2306-000058) Changed Condition None Anticipated Impacts There are no significant impacts anticipated for the surrounding area. There will be no changes to the roads, transit, water, sewage, drainage, parks, or any other factors in the surrounding areas. Environmental Impacts There will be no adverse impacts anticipated because there will be no changes to the structure of the facility itself, the surrounding greenery and ecosystem, or any other surrounding environmental factors. Additional Information The addition of this outdoor play environment will not cause any issues that would assist in the evaluation of this application. The addition of this outdoor play environment will not take from, or add to, any of the stipulations listed above. Created By ActiveType of Hold Date Created CommentsHold Origin Melissa Brubaker NoProperty Alert 04/11/2023 18:38 DON'T USE THIS ADDRESS, IS PART OF ZC 1806-0306 BUSINESS IS USING ADDRESS 2945 W MIDWAY RD. BUSINESS INCLUDE ADDRESS RANGE 2945-2955 W MIDWAY RD(2 BLD'S) 340542100010002 Melissa Brubaker NoProperty Alert 04/11/2023 18:38 THIS DAYCARE OCCUPANCY REQUIRES PLANS AND PERMITS FOR THE REQUIRED BUILDING MODIFICATIONS BETWEEN GROUP B AND DAYCARE * SEE FBC 466 340542100010002 Attachment File Name Added On Added By Attachment Group Notes Signature_Karina_Garcia_6/12/2023.jpg 06/12/2023 11:35 Garcia, Karina Uploaded via CSS Children's University Midway CU-2306-000058 final report.docx 07/20/2023 16:06 Redden, Bryan-James Available Online ERD Final Report SLCFD Development & Site Plan Review Application.pdf 07/25/2023 11:07 Elizondo, Capt. Andres SLCFD Application Children’s University Midway Energov.doc 07/25/2023 11:09 Elizondo, Capt. Andres SLCFD Comments AERIAL MAP FOR 2935 MIDWAY RD_v1.pdf 07/26/2023 9:56 Barnes, Corey Available Online Aerial Map with Property Highlighted Concurrency Defferal Form_v1.pdf 07/26/2023 9:56 Barnes, Corey Available Online Concurrency Analysis/Deferral Affidavit Deed_v1.pdf 07/26/2023 9:56 Barnes, Corey Available Online Property Deed Legal Description_v1.docx 07/26/2023 9:56 Barnes, Corey Available Online Legal Description In Word Format MIDWAY SCAN_v1.pdf 07/26/2023 9:56 Barnes, Corey Available Online Site Plan Survery Built_v1.pdf 07/26/2023 9:56 Barnes, Corey Available Online Boundary/Topographic Survey (Signed & sealed) Survey - Midway Road_v1.pdf 07/26/2023 9:56 Barnes, Corey Available Online Survey As Built Linked Record Relationship Module Record Number Linked Record Type Linked Record Work Class Child Plan PAM-2304-000198 Pre Application Meeting Pre Application Meeting Created ByNote Date and Time Created 1.Corey BarnesWhen Payment was made it was processed as "Cash" It needed to be "Check" I will void cash error and make the report read payment made via "Check" 06/16/2023 9:55 Page 2 of 62300 Virginia Avenue August 08, 2023 Page 29 of 209 PLAN SNAPSHOT REPORT (CU-2306-000058) Invoice No.Amount PaidFeeFee Amount INV-00019820 $1,250.00 Conditional Use <10 Acres $1,250.00 $50.00 Concurrency Deferral Fee $50.00 $50.00 Utilities Fee $50.00 $100.00 ERD Review $100.00 $1,450.00 $1,450.00 Total for Invoice INV-00019820 Grand Total for Plan $1,450.00 $1,450.00 Condition Description Date Created Satisfied General Condition 07/12/2023 NoPublic Works Comments: A Site Development Permit is required prior to performing site improvement activities. Hearing Type Location Scheduled Date Status Subject DRC Meeting v.1 St. Lucie County (2300 Virginia Ave, Fort Pierce, FL 34982) - Roger E. Poitras Administration Annex - Conference Room 3 07/20/2023 Development Review Committee (DRC) Scheduled Attendees: Karina Garcia Submittal Name Status Received Date Due Date Complete Date Resubmit Completed Requires Re-submitDRC Review - All Departments v.1 06/26/2023 07/18/2023 07/26/2023 Yes Yes Completed Date Due Date Assigned DateStatusAssigned UserDepartmentItem Review Name Building Official Building Official Harvey, Doug Processed 06/26/2023 07/18/2023 07/11/2023 Completed Date Due Date Assigned DateStatusAssigned UserDepartmentItem Review Name Surveyor County Surveyor Gilev, Alexey Requires Re-submit 06/26/2023 07/18/2023 07/11/2023 Correction Type Category Corrective ActionComments Resolved Create Date Resolved Date General General Correction N/A10.Please annotate any discrepancies between the survey map and the real property description. Provide measured values vs. deed vs. calculated, etc. [5J-17.052(1) (d)]. No 07/11/2023 General General Correction N/A4.Provide information, restore, and file all section and quarter section corner records used for this boundary survey according to Chapter 177, Part III, RESTORATION OF CORNERS (ss. 177.501-177.510). Depict the found or set monuments for all quarter and section corners, depict the certified corner records numbers, etc. Send the copies of newly certified records corners to St. Lucie County. Depict the "C.C.R. pending" next to the set quarter, section corner, etc. No 07/11/2023 General General Correction N/A2.The scale is not standard. Please reference the scale factor used in land surveying and adjact the drawing to 1" =60' of 1’=40'. No 07/11/2023 General General Correction N/A6.Depict all quarter corners and lines. Annotate and label No 07/11/2023 Page 3 of 62300 Virginia Avenue August 08, 2023 Page 30 of 209 PLAN SNAPSHOT REPORT (CU-2306-000058) all sections, quarter section lines, and corners, including township and range. General General Correction N/A9.Please annotate the instrument of records and label the right-of-way width of all adjacent roadways: •Provide width and the instrument of record for Midway Road, also known as State Road 712. Also, depict the FDOT right-of-way map and the section number of the map, etc. No 07/11/2023 General General Correction N/A5.Please depict the sectional breakdown. Please depict the center of Section 5, Twp.36S., Range 40E, and the section's E1/4 corner, S1/4 corner, and S.E corner. No 07/11/2023 General General Correction N/A12.Provide the horizontal accuracy statement [5J- 17.051. (2)(b)]. No 07/11/2023 General General Correction N/A11.Label and annotate the basis of bearings [5J- 17.051(3)(g)]. No 07/11/2023 General General Correction N/A13.Provide the last day of data acquisition [5J-17.051(3) (d)]. No 07/11/2023 General General Correction N/A14.Provide a professional opinion about gaps and overlapping boundaries. For example, apply junior vs. senior rights, legal principles, etc. Notify the title company and the client's attorney if gaps or overlaps are present. No 07/11/2023 General General Correction N/A1.Please provide the closure report. No 07/11/2023 General General Correction N/A3.Please include the revision column in the CAD template. No 07/11/2023 General General Correction N/A8.Please tie in the boundary survey to the monumented section line(s). No 07/11/2023 General General Correction N/A7.Please label all adjoining properties with parcel identifications and instruments of records. No 07/11/2023 General General Correction N/A16.Please depict the point of commencement and beginning for O.R.B.3369, page 703. No 07/11/2023 General General Correction N/A15.Please annotate the total acreage of the property. No 07/11/2023 Completed Date Due Date Assigned DateStatusAssigned UserDepartmentItem Review Name ERD Review ERD Redden, Bryan-James Approved 06/26/2023 07/18/2023 07/20/2023 Page 4 of 62300 Virginia Avenue August 08, 2023 Page 31 of 209 PLAN SNAPSHOT REPORT (CU-2306-000058) Completed Date Due Date Assigned DateStatusAssigned UserDepartmentItem Review Name Fire Department Fire District Elizondo, Capt. Andres Requires Re-submit 07/20/2023 07/18/2023 07/25/2023 Correction Type Category Corrective ActionComments Resolved Create Date Resolved Date Fire District Acknowledgment Required Fire Site Plan Approval pending written acknowledgement of conditions. (see attachments) No 07/25/2023 Fire District Application Required Fire Please submit a completed application for Development/Site Plan Review (St. Lucie County Fire District Development & Site Plan Review Application). This form is available on-line at https://www.slcfd.com (see attached) No 07/25/2023 Fire District Fees Due Fire Fire District review fees are due at the time of submittal. An abbreviated fee schedule is included on the application form. No 07/25/2023 Completed Date Due Date Assigned DateStatusAssigned UserDepartmentItem Review Name FPUA Utilities FPUA Utilities Nelson, Melody Processed 06/26/2023 07/18/2023 06/26/2023 Comments: This submission is outside of the FPUA service area Completed Date Due Date Assigned DateStatusAssigned UserDepartmentItem Review Name Planning Planning Crowe, Thad Requires Re-submit 06/26/2023 07/18/2023 07/19/2023 Recommendation Create Date 1. Staff will process the site plan as a Minor Site Plan, which can be approved by the Planning Director after the Conditional Use review. 2. For reasons pertaining to safety and mobility, Staff recommends a sidewalk that links the Midway Rd. sidewalk with internal sidewalks allow for safe passage into the site without having to walk in the travel lanes of the entrance driveway. Several factors justify this: * The property is less than a quarter of a mile from transit stops for TCC Route 8, located at Midway & 25th St. Route 8 links Port St. Lucie with Orange Ave. in Ft Pierce, and provides connections to other bus routes. This creates the potential for employees and clients to access the property by transit. * The property is a few hundred feet east of the Ravinia development which is now under construction. Ravinia includes 149 small-lot homes and a system of sidewalks, which makes it relatively easy for families in this development to walk with their kids to the day care. Staff will provide the sidewalk condition as a recommendation of approval to the Planning and Zoning Commission and Board of County Commissioners, and the Applicant can make their case for not having to abide by this condition. 3. Staff has concerns about pickup and drop-off. If 120 kids are dropped off and picked up around the same time, this could back traffic up to Midway and beyond, as the entrance drive would not allow for the stacking of more than 15 cars. If cars are stacked and waiting, they could also block employees and visitors of other buildings in the complex from coming and going. The Applicant should provide a routing and queuing exhibit that provides specifics on how the safe and efficient drop-off and pickup of children will be accomplished. 07/17/2023 Completed Date Due Date Assigned DateStatusAssigned UserDepartmentItem Review Name Planning (External)Planning Crowe, Thad Processed 06/26/2023 07/18/2023 07/23/2023 Page 5 of 62300 Virginia Avenue August 08, 2023 Page 32 of 209 PLAN SNAPSHOT REPORT (CU-2306-000058) Completed Date Due Date Assigned DateStatusAssigned UserDepartmentItem Review Name Property Acquisitions Review Property Acquisitions Mitchell, Victoria Requires Re-submit 06/26/2023 07/18/2023 07/17/2023 Correction Type Category Corrective ActionComments Resolved Create Date Resolved Date General General Correction N/AYauheni Noska is not listed as an authorized signor for CHEL Business Property LLC according to the Division of Corporations website. Please have an authorized signer sign the application or provide an agent consent form authorizing Karina Garcia to act on their behalf. No 07/17/2023 Completed Date Due Date Assigned DateStatusAssigned UserDepartmentItem Review Name Engineering (PW/Water Quality)Public Works (Water Quality) Alzate, Diana Requires Re-submit 06/26/2023 07/18/2023 07/12/2023 Correction Type Category Corrective ActionComments Resolved Create Date Resolved Date General General Correction N/AProvide a traffic statement detailing the trips as well as the times and location of drop off and pickup. No 07/12/2023 Workflow Step / Action Name Action Type Start Date End Date Review v.1 06/12/2023 13:58 Application Completeness Check v.1 Generic Action 06/26/2023 8:54 Create Completeness Letter v.1 Generic Action 07/23/2023 15:11 Collect Fees v.1 Generic Action 06/26/2023 8:54 Link Pre-Application Meeting v.1 Create Plan Case 06/12/2023 13:58 DRC Review - All Departments v.1 Receive Submittal 06/26/2023 0:00 07/26/2023 9:56 DRC Review - All Departments v.2 Receive Submittal 07/26/2023 0:00 DRC Meeting v.1 Hold Hearing 06/26/2023 8:55 County Surveyor Review v.1 Plan Activity Staff Memo v.1 Plan Activity Planning Manager Review v.1 Plan Activity Assistant Director Review v.1 Plan Activity Reimbursement Invoices (Ad’s, Postage and TIR’s) v.1 Generic Action Hearing v.1 Public Notice for Planning & Zoning Commission v.1 Plan Activity Planning & Zoning Commission Hearing v.1 Hold Hearing Public Notice for Board of County Commissioners v.1 Plan Activity Board Transmittal Hearing #1 v.1 Hold Hearing Close Out v.1 Collect Fees v.1 Generic Action Recordation v.1 Plan Activity Close Out - Board Approval v.1 Plan Activity Page 6 of 62300 Virginia Avenue August 08, 2023 Page 33 of 209 �C:::hil � � ... Lr"E!!-.-. ·s 1..1 .-.11 r it PrE:!-sc::::he:>e:>I Children's University Midway will be located at 2945-2951 W Midway Road, Fort Pierce Fl, 34981. We will be located on Midway Road, which has been recently renovated, expanding the road to accommodate the growing community. This will be a daycare, serving families in Fort Pierce and Port St. Lucie. Children's University Midway will be open from 7:00am - 6:00pm. Monday-Friday, excluding major holidays. There is a capacity of 120 children. Parent drop off will be between 7:00am - 9:00am. Pick up will be between 4:00pm - 6:00pm. This will slightly impact the traffic in the surrounding area during those designated times. Traffic should not be impacted before 7:00am, between the hours of 9:00am - 4:00pm, or after 6:00pm. Traffic will not be impacted on the weekend. Children’s University Midway will consist of 10,000 SQFT of leasable space. As with all childcare centers, only the classrooms may be licensed to hold children. Common areas, bathrooms, offices, indoor playgrounds, etc. will not be licensable or contribute to the school’s capacity. The ITE traffic survey states that a daycare will create 11.2 trips for every 1000 SQFT of space. This would mean 112 trips per day to the school. Most of drop-off is distributed evenly between 7:00am – 9:00am. This would mean 56 extra cars per hour during that time frame. The expansion to midway road would more than accommodate this slight increase in traffic. Pick up is distributed throughout the afternoon. It is unlikely that the increase would be noticed. Patrons will enter and exit the plaza through the plaza’s designated entrance and exit. The entrance and exit lanes have a median separating them. When exiting the plaza, patrons will have the ability to make an immediate right, or pull into the turning lane straight across the road, to immediately U-turn left. Page 34 of 209 Page 35 of 209 AERIAL MAP FOR 2935 MIDWAY RD. ` Midway Rd. Page 36 of 209 Page 37 of 209 Page 38 of 209 Environmental resources final report TO:Thad Crowe, Planning & Development Services Department THROUGH:Aimee L. Cooper, Environmental Regulations Manager Amy E. Griffin, Environmental Resources Director FROM:Bryan-James Redden, Environmental Planner DATE:July 20, 2023 SUBJECT:Children’s University Midway CU-2306-000058 Background The Environmental Resources Department (ERD) is in receipt of the June 12, 2023, date-stamped submittal transmitted on June 26, 2023, with comments due July 18, 2023, from Planning and Development Services. The applicant is seeking approval of a conditional use application in order to operate a childcare center. The 4.29-acre subject site (Parcel ID 3405-421-0001-000-2) is located at 2945 W. Midway Rd. in Ft. Pierce. Findings ERD does not anticipate any adverse environmental impacts associated with the conditional use, as no changes are proposed at this time. A previously approved landscape plan designed by Plant Haven Landscape, dated October 31, 2002, was reviewed and found to be consistent with Land Development Code 7.09.00. Recommendation ERD has no objections to the approval of the conditional use application. Please contact Bryan-James Redden at 772-462-3862 if you have any questions. Page 39 of 209 Page 40 of 209 un c o m m o n s c a l e pl e a s e d e p i c t t h e so u r c e o f r / w w i d t h no i d . please provide the sectional break down. e1 / 4 c o r n e r o f Se c . 5 , T w p . 3 6 S . , R g e . 40 E . ce n t e r o f s e c t i o n 5 , Tw p . 3 6 S . , R g e . 4 0 E f.k.a.S.R.712, a.k.a. C.R.712 Kenneth Osborne Digitally signed by Kenneth Osborne Date: 2019.07.18 15:53:27 -04'00' Page 41 of 209 Created: 2023-03-29 10:15:12 [EST] (Supp. No. 24) Page 1 of 2 3.01.03. Zoning Districts. R.CO COMMERCIAL, OFFICE. 1.Purpose. The purpose of this district is to provide and protect an environment suitable for selected office and commercial uses, together with such other uses as may be necessary to and compatible with commercial office 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. Communications - except towers. (48) d. Computer programming, data processing and other computer related services. (737) e. Contract construction services - office only. (15, 16, 17) f. Duplicating, mailing, commercial art/photography and stenographic services. (733) g. Engineering, accounting, research, management and related services. (87) h. Executive, legislative, and judicial functions. (91, 92, 93, 94, 95, 96, 97) i. Finance, insurance, and real estate services. (60, 61, 62, 63, 64, 65, 67) j. Health services - except nursing homes and hospitals. (80) k. Membership organizations subject to the provisions of Section 7.10.31. (86) l. Miscellaneous business services: (1) Detective, guard and armored car services. (7381) (2) Security system services. (7382) (3) News syndicate. (7383) (4) Photofinishing laboratories. (7364) (5) Business Services - misc. (7389) m. Personnel supply services. (736) n. Social services: (1) Individual and family social services. (832/839) o. Travel agencies. (4724) 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: Page 42 of 209 Created: 2023-03-29 10:15:12 [EST] (Supp. No. 24) Page 2 of 2 a. Child care services. (835) b. Television and radio transmitting towers. (999) c. 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. Eating and drinking places (undistilled alcoholic beverages as an accessory to a restaurant). b. Postal services. (43) c. Solar energy systems, subject to the requirements of Section 7.10.28. Page 43 of 209 Date Mailed: August 4, 2023 Planning and Development Services Department (772) 462-2822 Applicant Children’s University, LLC 2951 West Midway Road Fort Pierce, FL 34981 Staff Thad Crowe, AICP, Senior Planner Planning & Development Services Dept. 2300 Virginia Avenue Fort Pierce, FL 34982 Project Location 2945—2955 Midway Road, Fort Pierce (unincorporated St. Lucie County, see map) Future Land Use COM (Commercial) Current Zoning: CO (Commercial Office) Recommendation Staff recommends approval with condi- tions Further details are available in the Planning & Development Services Department - Planning Division please contact: Staff: Thad Crowe Tel: (772) 462-1580 Email: CroweC@stlucieco.org Public Hearing Notice Thursday, August 17, 2023 Notice of Proposed Conditional Use Permit Child Care Services in the Commercial Office (CO) Zoning District PLANNING AND ZONING COMMISSION «Owner,Mailing Address 1,Mailing City State Zip» Meeting Time: 6:00 PM (or soon thereafter) Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL 34982 Project Description: The Applicant is requesting a Conditional Use Permit for child care services for up to 120 students at the Drawdy Business Park, 2935 West Midway Road (Master Address), in the two rear/southernmost buildings in the office park. Upcoming Public Hearing The first public hearing for this petition will be held on August 17, 2023 at 6:00 PM or shortly thereafter before the St. Lucie County Planning and Zon- ing Commission, which has the power to review and recommend to the St. Lucie County Board of County Commissioners (BOCC), for approval or dis- approval, any applications within their area of responsibility. Your input and comment, where desired, is encouraged. You may also mail or email written comments in advance of the public hearing for inclusion in the official record. Written comments should be received by the Planning & Development Services Department - at least 3 days prior to a scheduled hearing. Public comment for upcoming meetings can be emailed to Crowec@stlucieco.org or mailed to the Planning Division at 2300 Virginia Avenue, Fort Pierce, FL 34982. Anyone with a disability requiring accommodations to attend this meeting may contact the SLC Community Risk Manager at least 48 hours in advance at (772) 462-1546 or TDD (772) 462-1428. You are receiving this courtesy notice because you are a property owner within 500 feet of the proposed petition site(s). Page 44 of 209 The Applicant is requesting a Conditional Use Permit for child care services for up to 120 students at the Drawdy Business Park, 2935 West Midway Road, in the two rear/southernmost buildings in the office park which are between 2945—2955 Midway Road, Fort Pierce ,FL. Midway Road Entrance: Snapshot of Southern Building (One of Two Proposed for the Reuse) Snapshot of Site Survey—Buildings & Outdoor Play Areas Denoted Page 45 of 209 Final Publication Date 8/6/2023 Ad Number GCl1092437 Email Address AColeman1@localiq.com Publication St. Lucie News Tribune Market Treasure Coast Delivery Method Both Number of Affidavits Needed 1 Customer Email crowec@stlucieco.org Name St Lucie County Planning & Development LEGALS Street 2300 Virginia AVE City Fort Pierce State FL ZIP Code 34982-5632 Your Name Alice Coleman Page 46 of 209 Treas ure Coast Newspapers PARTOFTHEUSA TODAY NETWORK St Lucie News Tribune 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION ST LUCIE COUNTY PLANNING & DEV 2300 VIRGINIA AVE FT PIERCE, FL 34982 ATTN STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, who on oath says that he or she is the Legal Coordinator of the St Lucie News Tribune, published in St. Lucie County, Florida: that the attached copy of advertisement, being a PUBLIC NOTICE was published on publicly accessible, website of St. Lucie County, Florida, or in a newspaper by print in the issues of, on: 8/6/2023 Affiant further says that the website or newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes. Subscribed and sworn to before me, by the legal clerk, who is pecsoaallyka~~ Notary, State of WI, aunty of Brown (_~--~ My commission expires KATHLEEN ALLEN Notary Public State of Wisconsin Publication Cost: $315.00 Ad No: GCl1092437 Customer No: 361844 PO: PUBLIC NOTICE # of Affidavits 1 Page 47 of 209 ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA August 17, 2023 NOTICE OF A PROPOSED CONDITIONAL USE The first public hearing for the proposed petition will be held before the Planning and Zoning Commission, acting as the Local Planning Agency, on Thursday, August 17, 2023. The meeting will be held at 6:00 P.M. or as soon thereafter as the item may be heard, in the County Commission Chambers, 3rd Floor of the St. Lucie County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida. The purpose of this public hearing is to consider the following petitioned item by the applicant for adoption, by Resolution. RESOLUTION AN RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, FOR A CONDITIONAL USE PERMIT ALLOWING CHILD CARE SERVICES IN THE COMMERCIAL OFFICE (CO) ZONING DISTRICT, AT 2945 AND 2955 MIDWAY ROAD IN ST. LUCIE COUNTY, FLORIDA. Petition Applicant: Children's University, LLC Petition FIie Number: CU 2303-000058 Location: 2945 and 2955 Midway Road (see map below). Parcel ID: 3405-421-0001-0002 Purpose: To allow for child care services for up to 120 students, with outdoor play areas. ,..-Energy-1:h J Serenity·<::ir N l~..,~V"' ~ ~ ~ Winj'd/ng·<::reeN·L~ I :tl 0:J11ey ;i,~ ~ ..--,....=, fi!!J lb <!ll-Devin,e·Rd ""0 ~evlne-Rd /1./({!l, Q: ~ i',r'li ""0 i: c: I:-?) :, ""0 4> 4> ,-·- al Favorite Rd ~ :!! ::'! \._;i ., ~ $! & \~~ -~- :::, -~ ls . \~"f c:_ -----1---~ _.,, ..,, M,dwa a \ bl <!:--(;) .1 ,,,..,,..,_.,,;: re= ~-wl1p ''":'""'"• I '/>-U..l.J....: \\:(~~--End, • I --S--- lf>J4>-- r- ,---~-~ ~---J; .s-~-e, <!) «/l ~_J r('f;;"? .,_......... ~~~~--~ ,/ ~~l-", I I All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the St Lucie County Planning and Zoning Commission should be received by the Planning and Development Services Department - Planning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Planning and Development Services Department offices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida, during regular business hours. Please call (772) 462-2822 or TDD (772) 462-1428 if you have any questions or require additional information about this petition. The St. Lucie County Planning and Zoning Commission has the power to review and recommend to the St. Lucie County Board of County Commissioners, for approval or disapproval, any applications within their area of responsibility. The proceedings of the Planning and Zoning Commission are electronically recorded. PURSUANT TO SECTION 286 0105 FLORIDA STATUTES. if a person decides to appeal any decision made by the Planning and Zoning Commission 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 verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date certain. Anyone with a disability requiring accommodation 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 orT.D.D. (772) 462-1428. PLANNING AND ZONING COMMISSION/ LOCAL PLANNING AGENCY ST. LUCIE COUNTY, FLORIDA IS/ROBERT LOWE, CHAIRMAN PUBLISH DATE: August 6, 2023 TR-GCl10924J7-01 Page 48 of 209 28A I SUNDAY, AUGUST 6, 2023 I TREASURE COAST NEWSPAPERS sc CITY OF FORT PIERCE NOTICE OF PUBLIC HEARING Fontenay l1'11CiryCoo,rnlllblolt1>1(:leyolf<r1Pion,o,fb1dt,~-IOStdcl'lllWtMlftll58041 ~:'=~1112!~11~~'":~":,,~=~ Continued from Page 1A lU.1,fo-l~,llot:11 l/jJl!'<fowQllllfflg«<tlldlr.ip,.,-IO~aboltl!dbyflo<.,_'M,fltd!M oai,,C'n.o,rw:ltrilll$1Y-l,0<rqo-~IIUC,ll'ld~14'1"111C, Jo, •f""'eundU.. 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Ttt:HOlllll1SAIH50fltt:roua,w..:;ocS010£0fftll'CR1Y,1tlCCASTl/lOfltl[SIJ(IIIIIASI 1/!0fl«l!llMUTmtl:!lCllONl,TOIMrlSHf'36SOOlll,fWi(;(411fASl.11SS~OElttPT ~~r~~r:=~r:f=~=(·~~~C:W1~= DHOR[CORllEDIIOHICMl.f'ICCOfl0:5800l(J03,fw;(2915 A f'OIIIX'.fj OF 11£ NORHIMST 114 Of SECTION 7, TCIW!Gil' 36 SOtJ!ll, JV.I;!;[ Col UST, st. LUCIC CDJilY,Fl.OflD,l,,D[tl(;J.lOAEfWllKlAAALYIICSOlll(O,-Sf/X.LOWS. He's right about that, toa point. I certainly wouldn't want to discourage residents from attending future meetings and airtng any concerns they have. However, barring some major red flags being brought to light, it's clear most of the commissioners seem to be suppor- tive of the plans outlined by Ari and Molly McCoy Straus. As I wrote in a column a few days ago, the Pl Motor Club would include two road courses, one approxi- mately 2.7 miles and the other about 4 miles long, as well as an off-road course and a go-kart track. There would be a skid pad for testing vehicle handling under extreme conditions, a 4,600-foot runway that could be used both for testing vehicle acceleration and accom- modating the occasional arrival of private aircraft, and a research and development center for testing auto- motive products. There would also be "GaragcMahals," large garage areas attached to lounges that could be used for tem- porary overnight accommodations, as well as possibly a "tracksidc inn" that could accommodate 15-25 people for short stays. There could be up to125 high-end sin- gle-family homes or "autominiums," which are de- scribed as luxury townhouses with oversized garages. Plus space set aside for Pl's offices, an event center, a clubhouse, a restaurant and convenience store for use by members and guests, along with support facil- ities to accommodate all of the activities planned for the 629 acres southwest of where State Road 70 and Summerlin Road intersect. Whatevertenns might be used to describe it, Pl Mo- tor Club would be precedent setting. Although St. Lu- cie County has a handful of special districts where large-scale activities occur, this would be the first one outside the boundaries of its designated urban ser- vices area. The Strauses plan to handle their own water and sewer treatment' facilities, meaning county officials wouldn't have to extend new lines 4 miles beyond the current urban services boundary. The Strauses also promise to staff the site with their own security and emergency services personnel. The homes built on the properly arc expected to be temporary dwellings for club members while they're using the facilities, as opposed to year-round resi- dences. For all of those reasons, county officials have sug- gested Leet's hypothesis about getting a tax revenue windfall while providing comparatively little in the way of services is correct. This is, by the way, the same argument the devel- opers of Atlantic Fields made last year when they per- suaded the Martin County Commission to approve a comprehensive plan amendment allowing their luxury golf course community to be built outside the urban services area. Molly McCoy Straus and Ari Straus hope to replicate the success of the Monticello Motor Club in upstate New York with a similar project in western St. Lucie County. BLAKE fONTENAV/TCf'ALM Both projects arc touted as being "self-contained,"' with the people living in those exclusive communities having so many amenities onsite that they don't need to venture out and bother the rest of us living else- where on the Treasure Coast. This is about as naive as thinking the park operators in the Jurassic Park/World movies were going to keep all the dinosaurs under control. No matter how nice those amenities are, no matter how many stars the club's restaurant gets, and no mat- ter how well stocked the clubhouse store is, at some point, the people using them are going to want to travel off site for shopping, recreation or whatever needs they have. After all, it is a free country. And no one knows that better than the people who have accumulated the type of wealth needed to buy into places like Atlantic Fields and Pl Motor Club. It's also wishful thinking (or willful disingenuity) to suggest sheriff's deputies or fire/rescue personnel won't need to respond if a crime or accident happens at one of these locations. Frankly, as a guest, I'd be un- easy about the prospect of a private security force be- ing the onJy law enforcement on the property. I'm not saying Pl Motor Club wouldn't be an asset to the community. I'm sure some local restaurateurs and business owners want well-heeled car club members dining and shopping in their establishments. What I am saying is, there's no free lunch when it comes to development', particularly on a scale as large as this one. Here's hoping St. Lucie County oOlcials will make a clear-eyed assessment of the project's strengths and weaknesses, rather than offering a sim- plistic narrative that doesn't really hold up under close scrutiny. This column reflects the opinion of Bloke Fontenoy. Contact him via email at bfo11te11ay@gwmett.com or at 772-232-5424. 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LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA August 17, 2023 mr,1111:nSCOlllAN!GAlOlM.Of&IUACl'ICS,M<HCIIUSS 10GC11£1lll11H; PAf!CtllD:l407·ZJ1-eootHICNH (PIUlij 11£WCS11/l0f11£SOUlitEASll/40flHCH01'!!1M(Sll/4ANOTIEfASl,'t)'Ofltl[ S001tt'M:ST1,'40Ftl!ENOR1HY,Ull/40FS(Cll{Jlll,TCl'M!StfM!OJIH,IW,U:40US1 ~=.c~~lll[tl,Sl:.O'AN~111Cl!Ofl111~7.l1'11£KOFNl011SSFIGHl•OF•WJ(Y f\flll'OICXCIJ'lliGTIIEIUIIIJMIH(fOll1711,1,(lOCSCJll8£1)f,WllOf[Nj0:1!£G1120'11'£S1 Ofll£S001KASICOH.ROfl!l[r.oJlttMSTI/IOf11£1Q\llMESl1140fSol(l:!lC1ION 7NjOIUllltEHCCNORTHIO'IONIINTOfft'GtllltiG;Til£NClCONllitCNCWIIHFN!.IUEl mlHtltEI.ASTLJiEOflllCSOI/IINi'CSTl/!Oflll[N(lflllfN{Sl1/40fS.W:!lCIIONJ,f00A OIS1.I.IICEOFlll6'10Al'OINl;TtoiCt1\ltlANOIUIU.SlPNW.lll'lllllH1t£SOlflHIH:Of lt£~11/,0fSl,(lSlCJIOll7,KIIADIS1.uictOF100'TOAl'OIN'l;TIOICEl\ltl~O '::-W'~~~~IOO'fASTOfl'(W,llOfill:~;11£h'CllU\IIMDIUIWCST USSD.O.l.lJ.SlMElflASACCOflDEOIIOfTICW.l'ICCCWIOS81lOK1Ul,F'MiCZ925,0fllCW RECOIDSOFSl.lJ.UcrumY,FlOII04. 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The'!"" pYbloc huri!\g 1or the prOf)<lM'd pe(i!ion llin be held bdore the ~~/~~ 1 11'. ~)~~:r:v:::eh~~::i:ollflP1.~~~ 11,~e.-fter KIiie ~em may b<! hear.d, in the Coonty eon,mis&ion _ChambeB, 31d Floot or the st LucieCountyAdmin'wr1tlooAnnu, noov.rgimaAvenue. F01t Pil!fee,flakla.Thepu1po,1,eolt~publichearif'lgiltooons/defthelollowing petitioned ~em bylhe appkam fOf adoplioo, by ResoMion. RESOLUTION AN RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, FDR A CONDITIONAL USE PERMIT ALLOWING CHILD CARE SERVICES IN THE COMMERCIAL OFFICE (CO) ZONING DISTRICT, AT n.45 ANO 1955 MIOWAV ROAD IN ST. LUCIE COUNTY. FLORIDA. P1tklo<1Appllcant:Chik!ren·1uni'ie"'11y,LLC f'1titlon file Number: cu J)(0-000059 Locatlon:29-151nd2rl.>S Mid=yRoad(-mapb<elow). Puc1110:l<I05-421-0001-0002 Purpou;To1llowlorchildcare&efVicesrOfupto120SludenlS,'M1houtdoor playltfeill. "-'i':Wrff1Hpar .. 1n11y-lll ... mttlr'l!ll'ldbo'-1fwit,1f1PCll)l'lfl\)lil- ~ ~lm1wlhow,~l•i,spoclio,O'\'tltCfJCIA'oOllltt,U1H.ol,100N"1,V.~'I, fMl'le«,fbotk ,\l;YfU!SON 5(0.IJG ION'P£J,l 1!€ IICOSOI Of TIE OIYCOIJ."°.6SIOH /.5 JO TIE FOl'lliOtlG ISAllltSlOJKl.lAM:CDROOfrflOCHQl!iG'ilSR[CU'l[011~Y9JCHNl'Ll,LNi9ll\.llSUlt ffRSON MAY k1l0 10 lllStft: Tf',11 A •,UIY,Ta! R[COR[) OF IWICC((ll;(.S IS WJ)f t;QI_P<G Tt€1ESTIW.otn'AADfilO(J;C[l«JHll1Dtltt:AfftM.ISIOS£MSl:O. h10tOOrawitllhoA'11«.,.,._Mtl~A<l..:ls«lo',211&1f,fbll!IS!a<An,penoM -- ... ,-~~t\)fltitl--(Ol'lfkfl)altillllisl:Nlf!t,gnlMW',~lhtCi~ u.,~•, DI!"' >1(77lj!61·3£-6~ llloor! Uh«.w1 plor lo"' .,~;,I, /l.'lr4W,Cc,:,OtyCltf~ f\Jbliih:O!CJ6Xlll Al inte<e-sted ~rsons v.,11 bt! giwt-1 an oppor1unrty to De heard. \\tittffl commen!, teGef\l'ed 1n adwnc,, a( the ptJblic h<eat,ng lliM ako be tof\~ted ~;:;:;=1~;~¾~c~'&-,~~~•~g~,,7m5!r. ~lanningD,"5iona1leaS1Jdaysprkiftolh1!1d1eduledh~.11ing.Tllef)f!i«ionfk "..,aUble IOI r~ al !he Planning and Devdcp.me,,t Sttlitff O,,p.Mttnenl officet.lol;.ied1\2lOOV110,n,aAvenue,2""fk>or,for1P,en:.e.flofida,during ,egula, busin1ss hours. Pie-call (772) ~52-2622 or TOO (772) (52-U28 if youhaw:anyqun~orur.orre<iu,11!add,tionatinf01mallooabou11hi1pe1~;on. TileSl Luae CoontyPlannin11and Zoo•no C,,mmi1W>h hnlile J>(!We<to 1.,...;.,,.,,, and r,:,«,J'rlme,,d !o lhe St. Lucil! Coonty Board a( County Commissione<s, for 8pp(oYalOfd'51Wov.olanyaP!)lk;a:1onswrthin1ta"aruolrespor\$abd,1y. The p,ocee,:l;ngs or !hi! Pl1ooing and Zoning Comn1iuion are elewo,,ically 1eeo1d1!d. PURSUANT TO SECTION 21§ OlOS FLORIDA STATUTES ~ a pen.on decide$IO appeal any deo$ion made by till! Pl~nning and Zoolng Commiu.ion wolh fet.Jll!d lo any mal\e< tofl~de<ed at a me..i:ng Of heanng, he or We ..,,11 tll!ed a record ol lhe l)foceedingi.. for wet, purr.ow. Ile or s/11! may l'lffd Loen,ure that it w:tUtim ,ecord dlhe proce,edings IS made, whid1 feC01dincJudealhetn:lfllOllyandl!,,.;~upan...tli<;hlhl!appeali51obl! ~5ed. Upon !he reques.l or any paft'/ to Lhe proceeding, rnd,,,.;duak lestd)'ftg dunng a t.e.111ng wil be iWtlfn in. Any party lo !he ptoceed,ng v~n bl! g•anled ano«>onuMy !o uou,.,-,an11ne any individual LP'ilifyitlg during a hearing upon ~t.~ If ,1 becomes nl'Cft&ary. a ptJbl,c t,uring may bt! conlonued lo a date Al',)'Ollf!'Mlh a diuhd1ly ,equir,ngar.c.ommoda!ion to allend Lhi5meel>ng o.hould conlbc!theStLucieCoon!yR!SkUanaoe,atleM.lfot1y,elght(4~)1lOUt&prlOt !olhemeet1ngJt(172)◄62-1546ctT.0.0.{772)◄6l-1◄18 PlANNING ANO ZONING COMMISSION/ LOCAL PLANNING AGENCY ST. LUCIE COUNTY. FLORIDA ISIROSERI LOI'.£. CHAIRMAN PUBLISH OATE; August 6, 2023 ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY PUBLIC HEARING AGENDA Thursday,Augu,117,2023 HOTICEOFTHEPROPOSEOAMENDMENTOFTHEST,lUCIECOUNTYLANO OEVELOPMENTCODEREGAROIHGSTAHDAROSFOROPERATIONSENGAGED INTHERECYCLINGOFVEGETA11VEDE8RISANDZONIHGOISTRICTSWHERE SUCH OPERATIONS ME PERHITTEO AS CONOITIONAL USES. Tha SI. Lucie County Planning and Zoning Commi£llon ll schtduledlclrniewahdmaker1eoh1mend11ion,1eg11dingapeliti,11lor adoplionbytht Bord ol County Commiu.ioners ol St, Lucie County, Ro,lda, ollhefollowingOrdin111u· OROINANCENO. AN ORDIHAHCE Of THE BOARD Of COUNTY COMMISSIONERS Of ST, LUCIE COUNTY, FLORIDA, AMENDING THE TOO Of THE lAHD OEYfl.OPMENl COOE, SECTION 7,10.12., SCRAf', WASTE AND RECYCLING OPERATIONS; ANO SECTION 2.00.00 DEFINITIONS; PROVIDING FDR CONFLICTING PROVISIONS; PROVIDING fOR SEVERABIUT'f; PROVIDING FOR Af'PUCABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STAlE; PROVIDING AN EffECTII/E DATE;PROVIOINGFORAOOPTION;ANOPROVIOINGFORCOOlflCATION. foUR~~:E: 111~~ 31fi'=w1:~-, 11:3:_n~ ~~~. 'i~o.312~~:~en~~~~ illld Recyding Operdions, to lllow bulineu ~•lions th.ii ~~~~get~~nn~~-~~~~~~~1::enttZ~nin~f<iJ~:~;:1 a,-~: roru:(ilionaluse. FILENUMBER:TLOC-2301-000020 Tlls Plannlf\11 and Zoning Commiuion PUBLIC HEARINGS on the5a rtems will 00 held iri 1111! r.ommlssio!1 Uiambers., Hage, l'oihu Muex, 31d Floor .. St. Lucie county Administration Buildin9. 2300 Virgina Ave., :!i ~:;~tt~ !"~~-•1:i:i~g.1~i~,2~!:·i!~i~~~lit~R~:.i~! unec.uu,y. All lntere51td pe111:i.ns will be g~1 an _q)JX1ft1mity to be he.aid. l'lri;len commenb1eurvei11n1dv1ncsaflhepubl1che1ringwillalsoheronsldertd Ccmmenb must be submitted by noon the day p1io< to 1he meding Ccmment5 win be disbibuted to lhe Ccmmiuion in ad1·ancs of !he meding ind (nciud~d In tile 1etofd l)fovided the oommer1t5 comp(y 111th the County'5 rnlu. The pet~ion Illes are available lot review at the l'tlnnincJ a11d Oe;oelopment Serkn Ott1111ttner1t ol!lces loaled al 1300 \111gl11la Al'el1Ue, full l'lem1, Flo!ida, during regular busineu hou11,. Plnw c.d {771) 462-2812 Ill .roo (!711 462-l◄lS ii YOII h1V11 any qUM1W)r11, 01 It-quire additiot,11 111fom1.1lmn. Tht st. lucie County Planning and 7orting Ccmmiwion hu the power lo rniew an~ recommtnd!othe SI. LucieCounty803.rdol_CllurrtyCOlnm~en, !or '()IJIO'l'll ot di!.aJ)j)lonl, any appl1e1tions within therr atu ol respoosibitily. The l)foctedings d 1he Plinnlng and Zoning Cllmmlsslon are electroolc,lty ;:r!~,'~c~e,RSl~A~:1° ar~'S:~~~~1°a~05fiy ~~ril~~ll11~1:~t~~~j 2~:1i11~ CcmrnMlon with ,~ to any m111e< ootl5i~tred a1 a medi11g Of huring, hentlhll'illtiee<t a reootd nC the1Hoceedi11gs. for sucl11J111JIOSI!, heot Ute may need to e11wre !hat a verlulim 1uord ol the pioceedin111 ls made, which 1ect11d inrJudes tllll 11!:!ifimony and e\'i6encs 1Jf1011 which lhe i!flpUI b to be Ii.am!. Upon the requeil of any pulylo \he proa:edi11g, W1d1vidu.al!i ~~~~i~ga~u~":X:,~~~nt~ wi~~-~;i,:;· ::: l:dli:~~::1',f~~~:j"3ui~~ ~ he•1ing upoo 1equest •. ij ii becomn n«ut.1ty, a 11Ub1ic !1eiring may be oontinuedllladile-ce1t.am. ::ic~ :h :.dt~~~~~:t~ll~:=~t.~o::t:ind ~~ ~::~1~(: IKl'Jl$)11~r lu 11,e 111ee\i11y al (772) 462-1546 OI 1.0.U. (112) 46'2-14'28. Any questions W0utttii$1gencla m1yberele11edloSI. LucieCountyPlaiining lli,_,,., at (/7;>) 4G2·l8l?, Pl.AH.WIG AND zmmK. COMMISSION! LOCAI.PlAN!IIIIGIJ.i(NCY ST.LUCIECOUNTY,flOIUOA /S/ROBERTlOYif,CHA1RMA.'i PUBLISH DATE: Mgncl1~1Augu5t l0,202J Page 49 of 209 Page 50 of 209 Page 51 of 209 ITEM NO. (ID # 2023-61709) DATE: 8/17/2023 AGENDA REQUEST TO: Planning and Zoning Commission PRESENTED BY: Kori Benton, Planning Manager Irene Szedlmayer, Senior Planner SUBMITTED BY: Planning & Development Services SUBJECT: KRE Industrial Rezoning - RZ-2306-000025 BACKGROUND: The KRE Group, represented by Brad Currie, AICP of EDC, Inc. filed a petition to amend the Official Zoning Atlas to rezone 37.84 +/- acres of land located at 990 N Kings Highway from the AG-1 (Agricultural – 1 du/acre) Zoning District to the IL (Industrial, Light) Zoning District. The petition seeks to explore light industrial development in proximity to the Kings Highway corridor and Orange Avenue & I-95 Interchange. PREVIOUS ACTION: On November 15, 2022, the Board of County Commissioners approved Ordinance 2022-031, amending the Jenkins Road Special Area Plan, Roadway & Trail System. FINANCIAL IMPACT: Potential Increase in Ad-Valorem Tax Revenue RECOMMENDATION: Staff recommends approval. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Page 52 of 209 Date: August 10, 2023 Benjamin Balcer, Planning & Development Services Director Date: August 11, 2023 Katherine Barbieri, Assistant County Attorney III Date: August 11, 2023 Mayte Santamaria, Deputy County Administrator Page 53 of 209 Planning and Development Services Department Planning Division M E M O R A N D U M GENERAL INFORMATION: Property Owners:LOR, Inc. 1908 Cliff Valley Way NE Atlanta, GA 30329 Stephen E Miron c/o Miron Holdings 84 Business Park Dr Ste 208 Armonk, NY 10504 Agent of Record:EDC, Inc. c/o Bradley J. Currie, AICP 10250 Village Parkway, Suite 201 Port St. Lucie, FL 34987 Applicant:The KRE Group c/o Jeff Persky 515 Marin Boulevard, Jersey City, NJ 07302 Proposal:To amend the Official Zoning Atlas to change the zoning designation to IL, Industrial Light from AG-1, Agricultural-1 Location:The subject property is located at 990 N Kings Highway, east of Kings Highway and Kings Crossing Ct., approximately 600 ft. north of I-95 and 3,200 ft. south of Angle Rd. Parcel IDs & Sizes 2301-323-0001-000-9 18.03 acres 2301-324-0050-000-0 6.15 acres 2301-324-0040-000-7 13.59 acres TOTAL: +/- 37.84 acres Existing Use:Agriculture, cattle grazing and a single-family residence TO:Planning and Zoning Commission THROUGH:Benjamin Balcer, AICP, Planning & Development Services Director FROM:Kori Benton, AICP, Planning Manager Irene Szedlmayer, AICP, Senior Planner DATE:August 8, 2023 SUBJECT:Proposed KRE Industrial Zoning Atlas Amendment (Rezoning) RZ-2306-000025 Page 54 of 209 File No.: KRE Light Industrial RZ-2306-000025 2 Future Land Use:IND (Industrial) Current Zoning: Proposed Zoning: AG-1 (Agricultural –1 du/acre) IL (Light Industrial) REQUEST SUMMARY The Application seeks to amend the Official Zoning Atlas to rezone 37.84 +/- acres of land located at 990 N Kings Highway from the AG-1 (Agricultural – 1 du/acre) Zoning District to the IL (Industrial, Light) Zoning District. The petition seeks to explore light industrial development in proximity to the Kings Highway corridor and Orange Avenue & I-95 Interchange. BACKGROUND The subject land is currently used for cattle grazing, with a single-family home and barn present on the central parcel. The subject site was identified as suitable for development by targeted industries in a 2007 County Economic Development Report. St. Lucie County and the State of Florida have made, and continue to make, substantial investments in the transportation infrastructure in this area, particularly Kings Highway, to facilitate economic development. For these and other reasons, this area of the County is attracting a substantial amount of development activity. The Location Map and Subject Property Aerial are shown in Figures 1 and 2, below. The existing Future Land Use Map is shown in Figure 3, with the current and proposed Zoning in Figures 4 & 5. The Subject Site is also located within the Jenkins Road Area Plan Special District and associated Road Plan shown in Figure 6. Figure 1. Location Map Page 55 of 209 File No.: KRE Light Industrial RZ-2306-000025 3 Figure 2. Subject Property Aerial Figure 3. Future Land Use Map Page 56 of 209 File No.: KRE Light Industrial RZ-2306-000025 4 Figure 4. Current Zoning Map Current Zoning: The current zoning of the subject property is AG-1 (Agricultural-1). The purpose of the AG-1 Zoning District is “to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of one (1) dwelling unit per gross acre.” Figure 5. Proposed Zoning Map Page 57 of 209 File No.: KRE Light Industrial RZ-2306-000025 5 Proposed Zoning: The proposed zoning of the subject property is IL (Industrial, Light). The purpose of the IL Zoning District is “to provide and protect an environment suitable for light manufacturing, wholesale, and warehousing activities that do not impose undesirable noise, vibration, odor, dust, or other offensive effects on the surrounding are, together with such other uses as may be necessary to and compatible with light industrial surroundings.” Figure 6. Jenkins Road Special Area Plan Roadway Plan This map displays the required internal road system for the Jenkins Road Area Plan with its connections to external roads (LDC Section 4.12.03. - Road and Trail System). In reviewing this application for a change in zoning, the Board of County Commissioners and the Planning and Zoning Commission shall consider the following: 1. Whether the proposed amendment is in conflict with any applicable portions of the St. Lucie County Land Development Code; ZONING ATLAS AMENDMENT STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE A n g l e R o a d Orange Ave. Ki n g s H w y . Je n k i n s R o a d I-95 Page 58 of 209 File No.: KRE Light Industrial RZ-2306-000025 6 The proposed rezoning from AG-1 (Agricultural – 1 du/acre) to IL (Industrial, Light) is consistent with the County’s Land Development Code. The petition parcels meet the minimum lot size of 20,000 square feet and the minimum lot width of 100 feet. Upon completion of a parcel combination for the commonly held parcels (2301-324-0050-000-0 and 2301-324-0040-000-7), the minimum road frontage of 60 feet prescribed for the IL district will be met. The proposed IL zoning district is consistent with the Land Development Code and the developing character of the adjacent lands. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed rezoning from AG-1 (Agricultural – 1 du/acre) to IL (Industrial, Light) is consistent with County’s Comprehensive Plan policies. The proposed change in zoning to IL is compatible with the proposed Future Land Use Designation of IND (Industrial) as per Comprehensive Plan Policy 1.1.1.3, with a table excerpt below: FUTURE LAND USE CATEGORIESZONING DISTRICT AG-5 AG-2.5 RE RS RU RM RH R/C Cpub COM IND P/F MXD SD H T/U TVC IL Industrial, Light X X X Replacing the AG-1 (Agricultural – 1 du/acre) zoning district with compatible industrial light activities will support industrial and distribution facilities in this segment of the Jenkins Road Special Area Plan near the Strategic Intermodal System (SIS). The proposed amendment also advances other Comprehensive Plan Goals, Objectives, and Policies, including the following: Objective 1.1.5 “Urban Sprawl. Consider changes to the future land use plan based upon smart growth, energy- efficient land use patterns and discouraging the proliferation of urban sprawl.” Policy 1.1.5.9: “The County shall continue to support dense, compact development in the Jenkins Special Area Plan corridor which creates a viable road system and supporting multi-modal facilities, and to create an innovative, mixed use neighborhood that increases the internal capture of trips and to include walkable scale and bicycle facilities that increase the variety of modes of transportation used to make internal trips built with adequate open space and recreational resources, and to protect natural resources.” The proposed change in zoning provides employment opportunities and supports further infill and mixed- use development in the Urban Service Area, in adjacent areas. Objective 1.1.6. “Urban Service Area Boundary. In coordination with the other elements of this plan, future development within the Urban Service Area shall be directed to areas where urban and community services/facilities can be provided in the most efficient and compact manner so as to discourage the proliferation of urban sprawl.” Objective 1.1.13: Economic Sustainability. 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. Page 59 of 209 File No.: KRE Light Industrial RZ-2306-000025 7 Policy 1.1.13.1: St. Lucie County shall actively assist to the maximum extent practical in the recruitment of clean high growth industrial activities and maintain an expedited permitting process for bona fide economic development projects, especially those within the Targeted Industry List, and for development projects located within the Foreign Trade Zone. Policy 1.1.13.4: The County shall maintain procedures and incentive tools to encourage business development and assist economic development in St. Lucie County, especially for business within the Targeted Industry List. This goal shall be further implemented by developing innovative land use codes to provide an enhanced the quality of life for St. Lucie County and promote a sound, diverse and resilient local economy. Goal 1.2: Recognize that land use and transportation must be considered concurrently in all planning, and to the extent feasible, modify current land use patterns to decrease dependency on the automobile in order to minimize the need for future roadway expansion, promote the use of alternate modes of transportation and reduce greenhouse gas emissions. Objective 1.2.1: Transportation. The County shall continue to explore planning concepts which provide for fewer and/or shorter automobile trips to address the future needs for movement of people and goods, and which considers social, economic, energy and environmental effects including greenhouse gas emissions of the transportation system. Policy 1.2.1.1 - Explore development patterns which allow for employment and shopping opportunities in close proximity to residential uses. The restructuring of the physical form of commercial retail uses from a linear to a nodal pattern shall be encouraged to foster more compact, clustered pedestrian and transit-oriented, mixed- use development options. The applicant for this rezoning has proposed marketability of the sites for a variety of light industrial uses such as light manufacturing, wholesale and warehousing activities, along with support business-related activities. The proposal fulfills review standards for conversion of land to Light Industrial: Policy 1.1.11.3 - In addition to any other general standard for change in zoning as may be described in the County's Land Development Code, the following specific standards shall be incorporated into the Land Development Code for determining the suitability of new property(s) for designation as Light Industrial under the County's Land Development Code: 1. Light Industrial property should have available to it central water services necessary for both domestic and fire protection purposes. 2. New Light Industrial property should not be located within 500 feet of any Aquatic Preserve or other specially designated aquatic habitat or a Category I Wetlands as described the Conservation Element of this Plan. 3. New Light Industrial areas should have immediate access to the regional transportation network. 4. New Light Industrial property should have a minimum lot size of one acre. 5. Light Industrial development shall not contribute to the degradation of surficial water quality. Page 60 of 209 File No.: KRE Light Industrial RZ-2306-000025 8 Furthermore, these proposed changes in zoning will facilitate future development of the subject sites with commercial and industrial uses in advancing the Economic Development Element of the Comprehensive Plan, specifically the following policies: Goal 10.1: Support economic development in St. Lucie County as part of an overall strategy for sustainability and quality of life. Policy 10.1.1.1 - Attract investors to help diversify the industrial base, broaden the economic tax base and strengthen the job market. Policy 10.1.1.2 - Encourage redevelopment projects and business expansions that will promote economic development opportunities. Policy 10.1.1.4 - Place a high priority on infill projects that are consistent with the smart growth policies of St. Lucie County. Goal 10.2: Diversify the year round economy and establish an economic and cultural climate that will allow St. Lucie County to effectively compete in the global economy 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed change in zoning is consistent with the desired use on the property, which as stated in the application is to allow for a variety of light industrial uses. The existing home on the central parcel may be considered for incorporation into future development plans as security quarters or adaptive reuse as a business office. The request is consistent with surrounding commercial and industrial uses evolving on Kings Highway, and to the southeast adjacent to Loop Road, Jenkins Road, and Orange Avenue. As highlighted in the proceeding section, the expansion of infrastructure is anticipated to support development of existing and proposed light industrial zoned land along the Kings Highway corridor. 4. Whether there have been changed conditions that require an amendment; This area has been identified as suitable for light industrial since 2007, consistent with an industrial and commercial development trend applied over the past few decades on the segments of Kings Highway and Orange Avenue adjacent to I-95. As development activity expands and businesses in and around the interchange of Interstate 95 and Orange Avenue (SR 68) increase, the transition from the existing AG-1 and AR-1 districts to zoning designations that permit greater intensity of development, which benefit from access to transportation and utility infrastructure, will continue. The applicant suggests greater demand for the proposed uses in St. Lucie County, and limited land area with as much access to needed public facilities. This trend is consistent with Future Land Use designations in the area and the County’s policy documents that encourage development within the Urban Service Boundary. The proposed atlas amendment furthers the implementation of these policies. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The proposed rezoning represents a potential increase in demands on public facilities, however the increased demand is consistent with industrial and mixed-use development envisioned in this planning Page 61 of 209 File No.: KRE Light Industrial RZ-2306-000025 9 area and within the Urban Service Boundary. The Jenkins Road Area Plan, Special District, further provides strategies to create a more viable road system and supporting multi-modal facilities within this area. Public investment to increase roadway capacity in the vicinity of the subject site is partially evidenced by the Orange Avenue (SR 68) and Interstate 95 interchange (Figure 7) and the Okeechobee Road (SR 70) interchanges with the Florida Turnpike and Interstate 95 (Figure 8). Additionally, a multi-year, $104 million project for King’s Highway, to replace the existing two-lane undivided rural roadway with a newly constructed four-lane suburban divided roadway from north of I-95 to north of St. Lucie Blvd, is underway. An overview of this project is detailed in the back-up materials with highlights below. The Florida Department of Transportation (FDOT) is advancing the next link of the Kings Highway reconstruction project, abutting the petition site. The FDOT Project includes 2.61 miles of SR 713/Kings Highway from North of the I-95 overpass to North of St. Lucie Boulevard, replacing the existing two-lane undivided rural roadway with a newly constructed four-lane suburban divided roadway, featuring: ❖A 30-foot-wide median (22-foot wide raised plus two 4-foot paved shoulders) ❖Curb and gutters along the inside and outside ❖7-foot-wide outside paved shoulders for use as bike lanes ❖12-foot-wide shared use path on the west side & a 6-foot-wide sidewalk along the east side ❖New lighting, drainage, and flat slab bridges over the C-25 Canal and Canal No.1 ❖Intersection improvements at Kings Highway & St. Lucie Boulevard ❖Intersection improvements at Kings Highway & Angle Road Page 62 of 209 File No.: KRE Light Industrial RZ-2306-000025 10 Figure 9: Kings Highway Improvements Typical Section This project represents a continuation of the work currently wrapping up on Kings Highway between Okeechobee Road and Orange Avenue, as exhibited below. Figure 10: Kings Highway Improvements at the Orange Avenue Intersection – Looking North This increased roadway capacity is intended, at least in part, to facilitate the development that this amendment will permit. Future industrial development, as enabled by the proposed amendment, requires implementation of the Jenkins Road Special Area Plan Roadway Plan. The Jenkins Road Special Area Plan Roadway Plan, as amended by Ordinance 2022-031 on November 15, 2022, is displayed in Figure 6 above. The Roadway Plan calls for several new roadways in the vicinity of the subject site. For example, planned Road G traverses the subject site, directly east of Kings Crossing Court and linking east to Jenkins Road. Additionally, to the east of the subject site, extension of Jenkins Road is planned from Orange Avenue north to Taylor Dairy Road. The subject site is located within the Fort Pierce Utility Authority’s (FPUA) Service Area for water and wastewater. The FPUA continues to plan for expanded demand and services to this evolving employment hub. FPUA has confirmed the availability of water and wastewater services to serve the subject site and that capacity is available at its Water Treatment Plant and Water Reclamation Facility. A twelve-inch potable water line and an eight-inch wastewater force main are in place to the north (Angle Road) and an eight-inch water line and six-inch wastewater force main are in place for approximately 1,000 feet along the western side Page 63 of 209 File No.: KRE Light Industrial RZ-2306-000025 11 of King’s Highway. The FPUA has natural gas lines along the south side of Angle Road and the east side of Kings Highway. Florida Power and Light (FP&L) has confirmed the availability of overhead electric lines to serve the property. The proposed non-residential district should not affect parks and schools, whereas capacity to serve solid waste and emergency medical demands have been verified. The St. Lucie County Fire District is exploring land within the Treasure Coast Education and Research Park (TCERDA) to the south on Kings Highway, at Pruitt Research Road, for a future Fire Station. Planning and Development Services Department staff have also begun to communicate with St. Lucie County Area Regional Transit (ART) to determine what is required to support additional transit service in this area that is expected to experience high rates of growth in employment and substantial new residential development. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The amendments are not expected to result in adverse impacts on the natural environment. The Lucie County Environmental Resources Department has reviewed the petition and provided a certification report on the proposal with regards to environmental impacts of the proposed rezoning. The subject sites are predominantly cleared, with minor clusters of native oak and palm trees on the central parcel. The National Wetland Inventory layer of the County GIS identifies a wetland of approximately 3 acres. It is the professional opinion of the applicant’s environmental consultant that all wetlands onsite are classified as a Category III wetlands according to Comprehensive Plan Policy 6.1.14.1. State and/or federally listed plant and animal species and/or their habitats were observed onsite. The proposed Rezoning is not anticipated to result in any adverse environmental impacts as no development activities are proposed at this time. If site development activities are proposed in the future, ERD will conduct further review through the site plan or building permit review process, which shall include but not be limited to submittal of an Environmental Impact Report and a site plan design that will incorporate avoidance and minimization to environmental sensitive lands (e.g., wetlands, etc.) to the greatest extent feasible, etc. The Land Development Code and Comprehensive Plan contains provisions to protect natural resources such as wetlands when site plan applications are submitted. 7. Whether and the extent to which the proposed amendment would adversely affect the property values in the area; The proposed amendment is not anticipated to adversely affect the property values in the area. The change in zoning from AG-1 (Agricultural – 1 du/acre) to IL (Industrial, Light) brings greater consistency to the zoning, development pattern, and desired growth in employment opportunities along Kings Highway, Loop Road, and Orange Avenue adjacent to I-95, which may forecast increased property values in the future due to the increased commercial and business activities expected. 8. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative effects of such patterns; The proposed rezoning from AG-1 (Agricultural – 1 du/acre) to IL (Industrial, Light) will continue with the logical and orderly development pattern of non-residential and industrial uses that exist and are anticipated along Kings Highway and Orange Avenue adjacent to I-95. Page 64 of 209 File No.: KRE Light Industrial RZ-2306-000025 12 Future Land Use Designation, Zoning and Existing Use of Adjacent Land Adjacent Parcels Future Land Use Zoning Districts Existing Land Uses NORTH IND (Industrial) IL (Industrial Light) Cattle grazing EAST MXD (Mixed-Use) KRE AR-1 (Agricultural Residential - 1 du/ac)Cattle grazing SOUTH IND (Industrial)AG-1 (Agricultural-1 du/ac) Undeveloped WEST IND (Industrial) IL (Industrial Light) and AG-1 (Agricultural-1 du/ac) Platted Industrial Park/Cattle grazing The proposed amendment provides capacity to support substantial employment opportunities within a short distance of hundreds of proposed dwelling units, thereby creating the possibility of improved quality of life for the residents of those dwellings by reducing the amount of time required to commute to work. Figure 11, below, illustrates several major development projects under review or recently approved by the City of Fort Pierce and St. Lucie County near the subject site. As these projects are being reviewed simultaneously, there is an opportunity to plan for compatibility, interconnectivity, and public facility expansion. Figure 11. Proposed Developments Currently under Review or Expected near Subject Site Project Name Application Type Proposed Development KRE – Light Industrial (Subject Petition Site)Rezoning Light Industrial KRE - MXD FLUMA (Approved)Mixed-Use Development Kelly Tractor Minor Site Plan Light Industrial – Equipment Sales & Service Eagle Bend PUD Rezoning/Site Plan (Pending) ~1,200 single-family & multi-family dwellings Page 65 of 209 File No.: KRE Light Industrial RZ-2306-000025 13 7-Elevens @ Kings and @ Orange & Jenkins Minor Site Plans (Approved) Service Stations Orange 95 Commerce Center Minor Site Plan (Approved)2 industrial buildings totaling 770,048 sf Orange 95 Commerce Center PNRD Rezoning / Minor Site Plan (Pending)2 industrial buildings totaling 363,567 sf Fort Pierce Westwood Academy N/A planned redevelopment of existing High- school Millcreek Annexed into City of Fort Pierce Mixed-Use with Medium Density Residential Development (up to 12 dua) West Orange Planned Development Annexed into City of Fort Pierce General Commercial and High Density Residential Development (up 18 dua) 9. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this code; The proposed amendment is not in conflict with the public interest and is in harmony with the purpose and intent of this code. 10. Any other matters that may be deemed appropriate by the Planning and Zoning Commission or the Board of County Commissioners, in review and consideration of the proposed amendment. The Planning and Zoning Commission and the Board of County Commissioners may raise other matters regarding this proposed amendment to the Official Zoning Atlas. PUBLIC NOTICE Consistent with the requirements of LDC Section 11. 00.03, notice of the Planning and Zoning Commission’s public hearing was published in the St. Lucie News Tribune on Sunday, August 6, 2023, with notices mailed to owners of real property located within 500 feet of the affected area for each of the public hearings, and a notice sign posted on the premises. CONCLUSION The Development Review Committee (DRC) has reviewed this petition and determined it complies with the St. Lucie County Land Development Code and Comprehensive Plan. The proposed Amendment is consistent with the overall intent of the Comprehensive Plan which encourages the integration of development opportunities in a manner that is based upon the general principals of smart growth energy-efficient land use patterns, discouraging urban sprawl, and supporting sustainable industrial growth in appropriate areas. STAFF RECOMMENDATION Staff recommends that the Planning and Zoning Commission review the proposed Zoning Atlas Amendment and forward a recommendation of approval to the Board of County Commissioners, contingent upon the combination of Parcels 2301-324-0050-000-0 and 2301-324-0040-000-7 into one parcel to ensure dimensional compliance with the IL Zoning District prior to action by the Board. Page 66 of 209 Resolution No. 2022-150 Page 1 RZ-3202226316 RESOLUTION NO. 2023-XXX File No.: RZ-2306-000025 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS FROM THE AG-1 (AGRICULTURAL – 1 DU/ACRE) ZONING DISTRICT TO THE IL (INDUSTRIAL, LIGHT) ZONING DISTRICT FOR CERTAIN PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. The property owners, LOR Incorporated and Stephen E Miron authorized the KRE Group and representative, Bradley J. Currie, AICP of EDC Inc., petitioned for an Amendment to the Official Zoning Atlas to change the zoning from the AG-1 (Agricultural-1) Zoning District to the IL (Industrial, Light) Zoning District in St. Lucie County, Florida, for the property legally described in Paragraph “A” and depicted on the attached map as Exhibit “A”. 2. On August 17, 2023, the St. Lucie County Planning and Zoning Commission held a public hearing on this petition after publishing notice in the St. Lucie News Tribune at least ten (10) days prior to the hearing, installing a sign on the property and notifying by mail all owners of property within five hundred (500) feet of the subject property, and voted to forward a recommendation of approval/denial to the Board of County Commissioners for the petition to amend the Official Zoning Atlas from the AG-1 (Agricultural-1) Zoning District to the IL (Industrial, Light) Zoning District. 3. On September 5, 2023, the Board of County Commissioners held a public hearing on this petition after publishing notice in the St. Lucie News Tribune at least ten (10) days prior to the hearing, installing a sign on the property and notifying by mail all owners of property within five hundred (500) feet of the subject property, and voted to approve/deny the petition to amend the Official Zoning Atlas from the AG-1 (Agricultural-1) Zoning District to the IL (Industrial, Light) Zoning District. 4. The proposed change in zoning has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code and is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. 5. The proposed change in zoning is consistent with the existing and proposed use of property in the surrounding area. Page 67 of 209 Resolution No. 2022-150 Page 2 RZ-3202226316 6. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as Exhibit “B” was signed by the applicant on ________. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The property on which the Change in Zoning from the AG-1 (Agricultural-1) Zoning District to the IL (Industrial, Light) Zoning District is being granted is described as follows: LEGAL DESCRIPTION: (PARCEL I) THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4, LESS THE EAST 300 FEET THEREOF, LESS THE SOUTH 12 FEET THEREOF, LESS THE WEST 70 FEET THEREOF, AND LESS THE NORTH 30 FEET THEREOF, OF SECTION 1, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. (PARCEL II) BEING THE SOUTH 150 FEET OF THE EAST 300 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, AND THE EAST 300 FEET OF THE NORTH 140 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. AND BEING THE EAST 300 FEET OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LESS THE SOUTH 12 FEET AND LESS THE NORTH 140 FEET THEREOF. AND THE NORTH 30 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LESS THE EAST 300 FEET AND THE WEST 70 FEET THEREOF. TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: (PARCEL III) THE SOUTH ½ OF THE NORTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 1, TOWNSHIP 35 SOUTH, RANGE 39 EAST, LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA. EXCEPTING THEREFROM THE SOUTH 150 FEET OF THE EAST 300 FEET OF THE SOUTH ½ OF THE NORTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 1 AND LESS AND EXCEPT THE WEST 70 FEET FOR R/W. Page 68 of 209 Resolution No. 2022-150 Page 3 RZ-3202226316 ALL TOGETHER CONTAINING 37.838 ACRES, MORE OR LESS. Location: 990 N Kings Highway, Fort Pierce, FL Parcel IDs: 2301-323-0001-000-9, 2301-324-0050-000-0 & 2301-324-0040-000-7 B. The St. Lucie County Planning and Development Services Director shall be authorized to amend the Official Zoning Map to change the zoning of the property herein described, from the AG-1 (Agricultural–1) Zoning District to the IL (Industrial, Light) Zoning District and to make notation of the reference to the date of adoption of this Resolution. C. A copy of this Resolution shall be mailed to the owner and agent of record as identified on the application. D. This Resolution shall be recorded in the Public Records. After motion and second, the vote on this resolution was as follows: Cathy Townsend, Chair XXX Linda Bartz, Vice-Chair XXX Chris Dzadovsky, Commissioner XXX Larry Leet, Commissioner XXX Jamie Fowler, Commissioner XXX PASSED AND DULY ADOPTED This ____ day of __ __ 2023. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY _________________________ Chair ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Page 69 of 209 Resolution No. 2022-150 Page 4 RZ-3202226316 __________________________ _________________________ Deputy Clerk County Attorney Exhibit A Exhibit B Page 70 of 209 Page 71 of 209 Page 72 of 209 Page 73 of 209 Page 74 of 209 Engineering Design & Construction, Inc. 10250 SW Village Parkway, Suite 201, Port Saint Lucie, FL 34987 772-462-2455 www.EDC-Inc.com PROJECT NARRATIVE & COVER LETTER KRE Development Rezone to Industrial, Light June 15, 2023 REQUEST Engineering Design & Construction, Inc. is requesting approval of a rezone application for approximately 37.838 acres located east of King Highway and north of I-95 in St. Lucie County, Florida. The subject parcels have an existing Zoning designation of Agricultural-1 (AG-1). The petitioner is proposing a Zoning Amendment to Industrial, Light (IL). Parcel ID Address Future Land Use Zoning 2301-323-0001-000-9 TBD IND AG-1 2301-324-0050-000-0 990 N. Kings Hwy IND AG-1 2301-324-0040-000-7 N. Kings Hwy IND AG-1 Two (2) of the subject parcels are vacant and undeveloped whereas one (1) parcel has a residential home constructed onsite. The petitioner is proposing a rezone to Industrial, Light (IL) to allow for the construction of an industrial development. A plat application to replat the parcels and Road “G” right-of-way is being submitted concurrently with this application for review and approval. To the north of the subject properties is an undeveloped industrial parcel. This tract has a Future Land Use designation of Industrial (I) and an underlying Zoning designation of Industrial, Light (IL). To the west of the subject property lies the right-of-way of N. Kings Highway followed by an undeveloped industrial subdivision. These parcels have a Future Land Use designation of Industrial (I) and an underlying Zoning designation of Industrial, Light (IL). To the south of the subject parcel is undeveloped agricultural parcels. These parcels have a Future Land Use designation of Industrial and an underlying Zoning designation of Agricultural -1 (AG-1). To the east of the subject parcels are undeveloped industrial parcels. These parcels have a Future Land Use designation of Mixed-Use Development (MXD) and an underlying Zoning designation of Agricultural, Residential – 1 (AR-1). Page 75 of 209 KRE Rezone - Industrial Page 2 of 2 June 15, 2023 REZONE REQUIREMENTS Section 11.06.04 of the St. Lucie County Zoning Code identifies the requirements for a zoning map amendment application. The attached materials meets all of the requirements of Section 11.06.04. In addition to meeting the requirement of Section 11.06.04, St. Lucie County requires the completion of a development review application. A checklist is depicted on page 3 of this document and required materials are included as part of this submittal. Supplement 3 is also included as part of this submittal. Based on the above justification and attached information, the Petitioner respectfully requests approval of this request. Z:\EDC-2021\21-512 - KRE Acquisition Corp - 236-AC SLC\ENGINEERING\Documents\Submittal Documents\Justification Statement\2023-07-05-REVISED_KRE_Rezone_Industrial_3_Lot_Justification_Statement_21-512.docx Page 76 of 209 Environmental resources final report TO:Kori Benton, Planning & Development Services Department THROUGH:Aimee L. Cooper, Environmental Regulations Manager Amy E. Griffin, Environmental Resources Director FROM:Brian Ingram, Environmental Planner DATE:July 28, 2023 SUBJECT:KRE Industrial RZ-2306-000025 Background The Environmental Resources Department (ERD) is in receipt of the June 30, 2023, date-stamped submittal, transmitted July 3, 2023, with comments due July 28, 2023, from Planning and Development Services. The applicant is requesting approval of the Rezoning of three (3) parcels from Agrecultural-1(AG-1) to Industrial, Light (IL). Two (2) of the subject parcels are vacant and undeveloped. The remaining parcel has a residential home constructed onsite. The petitioner is proposing the rezone to Industrial, Light (IL) to allow for the future construction of an industrial development. A plat application to replat the parcels and Road “G” right-of-way has been submitted concurrently with this application for review and approval (PLAT-2306-000020). The 37.838-acre project location (Parcel IDs: 2301-323-0001-000-9, 2301-324-0050-000-0, and 2301-324-0040-000-7) are located approximately .62 miles south of the intersection of N Kings Hwy and Angle Rd on Kings Hwy in Ft. Pierce. Findings A planned development, KRE Development, is currently under review seeking approval of a Planned Non- Residential Development for the Rezoning of approximately two hundred twenty (220) acres (PD-2209-000020). During the review of both the Planned Development and the proposed Rezone, an approximately 3.40-acre wet prairie wetland was identified on parcel 2301-323-0001-000-9. It is the professional opinion of EDC, that all wetlands onsite are classified as a Category III wetlands according to Comprehensive Plan Policy 6.1.14.1. State and/or federally listed plant and animal species and/or their habitats were observed onsite. The proposed Rezoning is not anticipated to result in any adverse environmental impacts as no development activities are proposed at this time. If site development activities are proposed in the future, ERD will conduct further review through the site plan or building permit review process, which shall include but not be limited to submittal of an Environmental Impact Report and a site plan design that will incorporate avoidance and minimization to environmental sensitive lands (e.g., wetlands, etc.) to the greatest extent feasible, etc. Recommendation The Environmental Resources Department has no objection to the approval of the rezoning application. Conditions of Approval 1) Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, a Vegetation Removal Permit or Exemption shall be issued by the Environmental Resources Department per LDC 6.00.03. Page 77 of 209 2) Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, a listed species surveys shall be provided/updated as required per state and/or federal survey protocol or written correspondence stating any potential impacts have been resolved from the appropriate agencies shall be provided. Should any listed species be found as a result of the updated surveys, appropriate permits from state and federal agencies shall be required. Please contact Brian Ingram at 772-462-2393 if you have any questions or if you would like to meet regarding the details on these requirements. Page 78 of 209 21-512 Environmental Assessment Page 2 of 6 May 30, 2023 KRE – Angle Road & Kings Highway ENVIRONMENTAL ASSESSMENT Parcel IDs: 2301-323-0001-000-9, 2301-324-0040-000-7, 2301-324-0050-000-0 Date: May 31, 2023 Project # 21-512 Prepared For: KRE Acquisition Corp. 520 US Highway 22 East PO Box 6872 Bridgewater, NJ 08807 Email: jminno@thekregroup.com Prepared By: EDC, Inc. 10250 SW Village Parkway Port St Lucie, Florida 34987 (772)223-5200 Page 79 of 209 21-512 Environmental Assessment Page 3 of 6 May 30, 2023 The subject property evaluated as part of this Environmental Assessment consists of three (3) tax parcels (Parcel ID #: 2301-323-0001-000-9, 2301-324-0040-000-7, 2301-324-0050-000-0) comprised of a total of 37.77 acres. The property is classified by the St. Lucie County Property Appraiser as grazing land (Land Use Code 6000). The Future Land Use of the subject property is Industrial (IND). The subject property is further located within the following zoning districts, Agriculture (AG-1). The combined parcels are located just east of N Kings Highway in unincorporated St. Lucie County, Florida. The subject property is further located within Section 01, Township 35 South, and Range 39 East. This environmental assessment was completed as a precursor to permitting and review by governmental agencies as an applicable document for the supporting information associated with a building permit or land development application. EDC, Inc. staff visited the property on May 23, 2023 in order to ascertain the status and composition of any critical habitats, such as wetlands and native uplands that may be onsite. VEGETATION: It is the opinion of EDC that the following upland FLUCCS (Florida Land Use & Cover Classification System) codes exist on site; 212/213 – unimproved and woodland pasture, 422 – exotic vegetation, and 1832 – Rural Structures. The majority of the site is comprised of unimproved/woodland pasture that is currently used for cattle grazing. Please refer to the attached FLUCCS map for the approximate location of the habitats delineated onsite. Common Name Species Name Cabbage Palm Sabal Palmetto Slash Pine Pinus elliottii var. densa Saw Palmetto Serenoa repens Broom Grass Andropogon spp. Sedges Cyperaceae spp. Brazilian Pepper** Schinus terebinthifolia Cogongrass** Imperata cylindrica Australian Pine** Casuarina equisetifolia *Nuisance Vegetation **Exotic/Invasive Vegetation Table 1: This table lists a representative sample of upland vegetative species observed during the site visit. WETLAND DELINEATION: According to aerial photographs and site visit, it appears that there are State jurisdictional wetlands on site. Based on the State definition, a wetland consists of three components: 1) hydric soils, 2) wetland plants, and 3) hydrologic indicators. All of these components were found during the field reconnaissance on the property. The wetland habitat consisted of the following FLUCCS code; 643 – wet prairie. According to our analysis, there is one isolated wetland located on site totaling approximately 1.59 acres. Please refer to the attached FLUCCS map for the location of the wetland. These areas have been impacted by agricultural activities such as cattle movement and drainage. Based on our review, all wetlands appear to be classified as Category III Wetlands according to Policy 6.1.14.1 of the St. Lucie County Comprehensive Plan. This county classification system is different than the state or federal system and prohibits impacts to certain types of wetlands. However, the wetlands identified onsite meet the Class III classification and therefore may be Page 80 of 209 21-512 Environmental Assessment Page 4 of 6 May 30, 2023 altered (impacted) when no reasonable alternatives exist and avoidance and minimization of impacts cannot be achieved. If a St. Lucie County Class III wetland is to remain in place, development containing a Category III wetland must provide a minimum of a 25-foot buffer from the jurisdictional wetland line and the area of development. WILDLIFE EVALUATION: EDC, Inc. conducted a pedestrian survey throughout the property to investigate for the presence of any plant or animal listed species. No gopher tortoises, their burrows or habitat were observed on site. The subject property is located within the USFWS (US Fish and Wildlife Service) Northern Crested Caracara consultation area and does consist of nesting and foraging habitat. EDC did not observe caracara or their nests within the subject property. A formal caracara survey is recommended to determine the presence and site utilization of the listed species. Monitoring may be required occur within the caracara breeding season from January to March. In addition, potential wood stork (Mycteria americana) foraging habitat is located on site in the form of agricultural ditches and low-lying wetlands. As part of the building approval process, a Wood Stork Foraging Habitat Assessment may be required by the County or State. No other state or federally listed plant/animal species or their habitat were observed on site. SOIL COMPOSITION: Based on a review of the U.S. Department of Agriculture (USDA) Web Soil Survey the site is composed of the following soil series: Chobee laomy sand, frequently ponded, 0-1% slopes – Chobee series consists of very deep, very poorly drained, soils that formed in thick beds of loamy marine sediments. Slopes range from 0 to 2 percent. Under natural conditions Chobee soils are used for water quality and wildlife habitat, some areas are drained and used principally for citrus, pasture, and range. Potential native vegetation consisting of arrowhead, cabbage palm, Carolina willow, cypress, maidencane, pickerelweed, lilies, sawgrass, smartweed, wax myrtle, slash pine, water oak, understory of ferns and water tolerant grasses, and scattered swamp maples in treeless areas. Some areas have a growth of ash, gum, maple, and cypress. Hilolo loamy sand, 0-2% slopes – Hilolo fine sand is fine-loamy, silicious, poorly drained and slowly permeable soil. These soils are found in dense palm hammocks and along the borders of sloughs and depressional areas. The surface layer is fine sand to a depth of eight inches. The water table is at a depth of less than 10 inches for 2 to 4 months in most years. Natural vegetation is cabbage palm, water oak, longleaf pine and slash pine with an understory of wax myrtle, saw palmetto and inkberry. Citrus crops are well suited for this soil. The soil has high potential for dwellings without basements, small commercial buildings and roads. Water control measures are necessary to overcome excessive wetness. Riviera fine sand, frequently ponded, 0-2% slopes – This nearly level soil is poorly drained and has a surficial layer of dark gray sand about four inches thick. The water table is typically at less than 10 inches for two to four months of the year. The soil is well suited for pasture and hay crops. Natural vegetation includes slash pine, cabbage palm, wax myrtle, blue maidencane, broom sedge, pineland threeawn, cord grass, panicums and a variety of sedges. Riviera Fine Sands are loamy, silicious, nearly level and poorly drained soils that formed in beds of sandy and loamy marine sediments. These soils are on broad, low flats and in depressional areas. The water table is within a depth of 10 inches for 2 to 4 months in most years and between a depth of 10 and 30 inches for most of the rest of the year. Page 81 of 209 21-512 Environmental Assessment Page 5 of 6 May 30, 2023 Wabasso sand, 0 to 2% slopes – This soil is a nearly level, poorly drained soil in broad open areas of the flatwoods. The surface layer is sand about 8 inches thick. The upper 4 inches is black and the lower 4 inches is dark grey. The water table is typically at a depth of less than 10 inches for 1 to 4 months during the wet season, and at a depth of 10 to 40 inches for 6 to 9 months in most years. Natural vegetation is slash pine, cabbage palm, saw palmetto, running oak, inkberry and fetterbush. Common grasses are threeawn and bluestem. The soil has severe limitations for cultivated crops and citrus due to wetness. The soil has high potential for dwellings without basements, small commercial buildings, local roads and streets. Winder loamy sand – This is a poorly drained, nearly level soil found in hammocks and along drainage ways. The surface layer typically is black loamy sand that is 6 inches thick. The water table is within a depth of 10 inches of the surface for 2 to 4 months and between a depth of 10 to 40 inches for most of the rest of the year. The natural vegetation associated with this soil type includes cabbage palm, willow oak, scattered long leaf and slash pine and an understory of wax myrtle and saw palmetto. This soil has high potential for dwellings without basements, small commercial buildings, local roads and streets. SITE HISTORY: After reviewing aerial images provided by EDRnet.com, Google Earth, and the St. Lucie County Property Appraiser, majority of the subject property was being used for citrus and/or row crop production from the early 1940s until the early 2000s. Around the early 2000s, the subject property was no longer being used for crop production and was instead being used to graze cattle. ST. LUCIE COUNTY LAND DEVELOPMENT REGULATIONS: The following lists the St. Lucie County Land Development Code (LDC) and Comprehensive Plan Policies as they pertain to the subject property. As part of the local approval process, the applicant will be required to comply with the below items. LDC Section 6.00.03: Any vegetation removal activities from or on any lot or parcel of land in the unincorporated area of St. Lucie County must first obtain a Notice of Vegetation Removal. Removal of native vegetation with the minimum sizes as specified in Table 1 of Section 6.005.05.D., will require a tree mitigation plan (Sec. 6.005.05.D.). A Tree Survey will be required for mitigation planning and in the submittal package. LDC Section 6.02.03: Any construction, dredging, filling, or alteration in, on, or over a jurisdictional wetland shall require a permit. The County shall have regulatory authority over all wetlands except for those that are isolated, less than half an acre total area, and are entirely surrounded by uplands. A singular wetland was identified on the subject property, totaling an estimated 1.59ac. This will require a Jurisdictional Determination to verify the size and location of the wetland with State reviewers. LDC Section 6.02.03.E: Mitigation and therefore impact to wetlands, may occur when proposed activity cannot be practicably located on the upland portion of the site and all practical measures have been taken to reduce impact. There may be no overall net losses of wetland function & value. Page 82 of 209 21-512 Environmental Assessment Page 6 of 6 May 30, 2023 A state wetland jurisdictional determination will need to be conducted to determine the exact boundaries of the wetlands located on site. Further wetland evaluation and assessment will need to be conducted to further determine mitigation options available for this site. Policy 6.1.12.4: Proposed development projects within Environmentally Sensitive Areas (wetlands) and/or on properties 10 acres or greater, must submit an Environmental Impact Report (EIR) as part of the development approval process. This project will require the submittal of an EIR. Policy 6.1.14.6: Development containing a Category III wetland shall provide a minimum 25 foot buffer between the wetland jurisdictional line and area of development. The buffer shall be maintained in a natural vegetative state and be free of exotic and nuisance vegetation. It is the professional opinion of EDC that all wetlands onsite are classified as Category III wetlands and therefore the above Policy shall apply to any remaining wetlands during development. SUMMARY: The subject property evaluated as part of this Environmental Assessment consists of twelve (12) tax parcels (Parcel ID #:2301-323-0001-000-9, 2301-324-0040-000-7, 2301-324-0050-000-0) comprised of a total of 37.77 acres. The property is classified by the St. Lucie County Property Appraiser as grazing land (Land Use Code 6000). The Future Land Use of the subject property is Industrial (IND). The subject property is further located within the following zoning districts, Agriculture (AG-1). The combined parcels are located just east of N Kings Highway in unincorporated St. Lucie County, Florida. The subject property is further located within Section 01, Township 35 South, and Range 39 East. It is the professional opinion of EDC that no native upland habitat exists on site. In addition, EDC identified one (1) potential wetland – identified as a wet prairie. Based on our review, all wetlands appear to be classified as Category III Wetlands according to the St. Lucie County Comprehensive Plan. This classification allows for the alteration (impact), and therefore the mitigation, of wetlands meeting the Class III classification when proposed activity cannot be practicably located on the upland portion of the site and all practical measures have been taken to reduce impact. Proposed development plans to impact wetlands located on site will require an Environmental Impact Report (EIR) according to County regulations and an Environmental Resource Permit (ERP) according to State regulations. A state wetland jurisdictional determination will need to be conducted to determine the exact boundaries of the wetlands located on site. Further wetland evaluation and assessment will need to be conducted to further determine mitigation options available for this site. Furthermore, state/federally listed plant and animal species have been observed and/or their habitats were observed onsite. Coordination with the Florida Fish and Wildlife Conservation Commission (FFWCC) and/or the U.S. Fish and Wildlife Service (USFWS) will be necessary to obtain the appropriate permits and/or protocols to avoid impacts to listed species onsite. Page 83 of 209 Environmental Assessment Kings Highway & Angle Road St. Lucie County, Florida Location Map Project: 21-512 N Project Location KRE Acquisition Corp. –Add’l Parcels 05/31/2023 Page 84 of 209 Property Appraiser Map N Project: 21-512 05/31/2023 Environmental Assessment Kings Highway & Angle Road St. Lucie County, Florida KRE Acquisition Corp. –Add’l Parcels Page 85 of 209 Florida Land Use, Cover and Forms Classification System (FLUCCS) Map N Project: 21-512 FLUCCS Codes OSW Other Surface Water –0.17ac. ROW Right-of-Way –0.7ac. 1832 Rural Structures –1.96ac. 212/213 Pasture -30.48ac. 422 Exotic Vegetation –2.87ac. 643 Wet Prairie -1.59ac *This map demonstrates an approximation of habitat acreage and boundaries observed on site. Wetland Acreage WL-1 1.59 acres *These wetlands have not been officially delineated and/or approved by State officials. Environmental Assessment Kings Highway & Angle Road St. Lucie County, Florida 05/31/2023 WL -1643 212 213 osw 422 1832 KRE Acquisition Corp. –Add’l Parcels Page 86 of 209 USDA Web Soil Survey Map N Project: 21-512 Environmental Assessment Kings Highway & Angle Road St. Lucie County, Florida KRE Acquisition Corp. –Add’l Parcels 05/31/2023 Page 87 of 209 Page 88 of 209 Page 89 of 209 Page 90 of 209 Page 91 of 209 Page 92 of 209 Page 93 of 209 Page 94 of 209 Page 95 of 209 21-512 BO U N D A R Y S U R V E Y RE V I S I O N C O M M E N T S DA T E 10250 VILLAGE PARKWAY UNIT 201 PORT ST. LUCIE, FL 34987 ' 772-462-2455 8 www.edc-inc.com F.B.P.E. CERTIFICATE OF AUTHORIZATION 9935 L.B. CERTIFICATE OF AUTHORIZATION 8098 ENGINEERS SURVEYORS ENVIRONMENTAL 10250 VILLAGE PARKWAY UNIT 201 PORT ST. LUCIE, FL 34987 ' 772-462-2455 FO R : K R E A C Q U I S I T I O N C O R P LA N D L Y I N G I N SE C . 0 1 , T W N S H P . 3 5 S O U T H , R G E . 3 9 E A S T ST . L U C I E C O U N T Y , F L O R I D A OF 2 Z: \ E D C - 2 0 2 1 \ 2 1 - 5 1 2 - K R E A c q u i s i t i o n C o r p - 2 3 6 - A C S L C \ S U R V E Y \ D w g - P D F \ S u r v e y \ 2 1 - 5 1 2 B o u n d a r y ( P o r t i o n ) . d w g , 5/ 2 4 / 2 0 2 3 9 : 5 1 A M CO P Y R I G H T : 2 0 2 0 B Y E D C - I N C : T H I S F I R M E X P R E S S L Y R E S E R V E S T H E I R E X C L U S I V E C O M M O N L A W C O P Y R I G H T A N D I N T E L L E C T U A L P R O P E R T Y R I G H T S T O T H E S E D R A W I N G S W H I C H M A Y N O T B E D I S P E R S E D , R E P R O D U C E D , C H A N G E D O R C O P I E D I N A N Y F O R M O R M A N N E R , N O R A R E T H E Y T O B E A S S I G N E D T O A N Y P A R T Y W I T H O U T T H E W R I T T E N C O N S E N T O F T H I S F I R M . TH I S D O C U M E N T , T O G E T H E R W I T H T H E C O N C E P T S A N D D E S I G N S P R E S E N T E D H E R E I N , A S A N I N S T R U M E N T O F S E R V I C E , I S I N T E N D E D O N L Y F O R T H E S P E C I F I C P U R P O S E A N D C L I E N T F O R W H I C H I T W A S P R E P A R E D . R E U S E O F A N D I M P R O P E R R E L I A N C E O N T H I S D O C U M E N T W I T H O U T W R I T T E N A U T H O R I Z A T I O N A N D A D O P T I O N B Y E D C , I N C . S H A L L B E W I T H O U T L I A B I L I T Y T O E D C , I N C . BOUNDARY SURVEY FOR: KRE ACQUISITION CORP MT O SP T / R J B 21 - 5 1 2 B o u n d a r y ( P o r t i o n ) . d w g SV / G H Ma y 2 4 , 2 0 2 3 CH E C K E D B Y DR A W N B Y FI L E N A M E SC A L E DA T E FI E L D C R E W 1 AS S H O W N SYMBOL & ABBREVIATION LEGEND: LEGAL DESCRIPTION: SURVEYORS NOTES AND REPORT: VICINITY MAP NO SCALE SITE SECTION 1, TOWNSHIP 35S, RANGE 39E 1"=500' SITE SC+EDULE BII ITEMS PARCEL I & II TITLE COMMITMENT PREPARED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY COMMITMENT COMMITMENT DATE: -ULY AT : PM SC+EDULE BII ITEMS PARCEL III TITLE COMMITMENT PREPARED BY )IDELITY NATIONAL TITLE INSURANCE COMPANY ORDER NO: COMMITMENT DATE: OCTOBER AT : PM Page 96 of 209 21-512 BO U N D A R Y S U R V E Y RE V I S I O N C O M M E N T S DA T E 10250 VILLAGE PARKWAY UNIT 201 PORT ST. LUCIE, FL 34987 ' 772-462-2455 8 www.edc-inc.com F.B.P.E. CERTIFICATE OF AUTHORIZATION 9935 L.B. CERTIFICATE OF AUTHORIZATION 8098 ENGINEERS SURVEYORS ENVIRONMENTAL 10250 VILLAGE PARKWAY UNIT 201 PORT ST. LUCIE, FL 34987 ' 772-462-2455 FO R : K R E A C Q U I S I T I O N C O R P LA N D L Y I N G I N SE C . 0 1 , T W N S H P . 3 5 S O U T H , R G E . 3 9 E A S T ST . L U C I E C O U N T Y , F L O R I D A OF 2 Z: \ E D C - 2 0 2 1 \ 2 1 - 5 1 2 - K R E A c q u i s i t i o n C o r p - 2 3 6 - A C S L C \ S U R V E Y \ D w g - P D F \ S u r v e y \ 2 1 - 5 1 2 B o u n d a r y ( P o r t i o n ) . d w g , 5/ 2 4 / 2 0 2 3 9 : 5 1 A M CO P Y R I G H T : 2 0 2 0 B Y E D C - I N C : T H I S F I R M E X P R E S S L Y R E S E R V E S T H E I R E X C L U S I V E C O M M O N L A W C O P Y R I G H T A N D I N T E L L E C T U A L P R O P E R T Y R I G H T S T O T H E S E D R A W I N G S W H I C H M A Y N O T B E D I S P E R S E D , R E P R O D U C E D , C H A N G E D O R C O P I E D I N A N Y F O R M O R M A N N E R , N O R A R E T H E Y T O B E A S S I G N E D T O A N Y P A R T Y W I T H O U T T H E W R I T T E N C O N S E N T O F T H I S F I R M . TH I S D O C U M E N T , T O G E T H E R W I T H T H E C O N C E P T S A N D D E S I G N S P R E S E N T E D H E R E I N , A S A N I N S T R U M E N T O F S E R V I C E , I S I N T E N D E D O N L Y F O R T H E S P E C I F I C P U R P O S E A N D C L I E N T F O R W H I C H I T W A S P R E P A R E D . R E U S E O F A N D I M P R O P E R R E L I A N C E O N T H I S D O C U M E N T W I T H O U T W R I T T E N A U T H O R I Z A T I O N A N D A D O P T I O N B Y E D C , I N C . S H A L L B E W I T H O U T L I A B I L I T Y T O E D C , I N C . BOUNDARY SURVEY FOR: KRE ACQUISITION CORP MT O SP T / R J B 21 - 5 1 2 B o u n d a r y ( P o r t i o n ) . d w g SV / G H Ma y 2 4 , 2 0 2 3 CH E C K E D B Y DR A W N B Y FI L E N A M E SC A L E DA T E FI E L D C R E W 2 AS S H O W N SYMBOL & ABBREVIATION LEGEND: Page 97 of 209 KRE S T . L UCIE C OUNTY, F LORIDA T RAFFIC I MPACT A NALYSIS P REPARED FOR: E NGINEERING D ESIGN & C ONSTRUCTION, I NC. Prepared by: JFO GROUP INC COA Number 32276 6671 W Indiantown Road Suite 50-324 Jupiter, FL 33458 June 15, 2023 Th i s i t e m h a s b e e n e l e c t r o n i c a l l y s i g n e d a n d s e a l e d b y D r . J u a n F . O r t e g a , P E o n Ju n e 15 , 20 2 3, us i n g a D i g i t a l S i g n a t u r e . P r i n t e d c o p i e s o f t h i s d o c u m e n t a r e n o t c o n s i d e r e d s i g n e d a n d s e a l e d a n d t h e s i g n a t u r e m u s t b e v e r if i e d o n a n y e l e c t r o n i c c o p i e s . Page 98 of 209 This Page Intentionally Left Blank Page 99 of 209 iii TABLE OF CONTENTS SECTION PAGE 1. INTRODUCTION ...................................................................................................... 1 2. TRIP GENERATION .................................................................................................. 2 3. EXISTING CONDITIONS .......................................................................................... 3 4. BACKGROUND TRAFFIC ........................................................................................ 3 5. TRIP DISTRIBUTION AND ASSIGNMENT .................................................................. 4 6. DRIVEWAY ANALYSIS ............................................................................................. 7 7. CONCLUSIONS AND RECOMMENDATIONS ........................................................ 8 Exhibit 1: Property Appraiser Exhibit 2: Conceptual Site Plan Exhibit 3: ITE Trip Generation Rates Exhibit 4: UF BEBR Populations Projections Exhibit 5: 2022 Traffic Counts and LOS Report Exhibit 6: Five Year Work Program Exhibit 7: Driveway Analyses Page 100 of 209 iv TABLE PAGE Table 1: Trip Generation Rates.................................................................................... 2 Table 2: Trip Generation .............................................................................................. 2 Table 3: 2025 UF-BEBR Growth Rate ........................................................................... 3 Table 4: Project Impact ............................................................................................... 4 Table 5: Peak Hour Link Analysis ................................................................................. 6 FIGURE PAGE Figure 1: Project Location ........................................................................................... 1 Figure 2: Traffic Assignment ......................................................................................... 5 Figure 3: Project Driveway Volumes ........................................................................... 7 Page 101 of 209 2023-06-15_KRE (SLC)_Traffic_1133.18 Page 1 JFO GROUP INCTraffic Engineering Transportation Planning www.jfogroupinc.com 1. INTRODUCTION JFO Group Inc. has been retained to prepare a traffic impact analysis to determine compliance with the St Lucie TPO Standardized Traffic Impact Studies (TIS) Methodology and Procedures for St Lucie County, City of Fort Pierce and the City of Port St Lucie for the KRE project. The property is located east of Kings Highway, ±¾-mile north of Orange Avenue in unincorporated St. Lucie County, Florida. Figure 1: Project Location Parcel Control Numbers associated with this project are 42301-324-0050-000-0/-0040-000-7/- 323-0001-000-9. Exhibit 1 includes information from the Saint Lucie County Property Appraiser’s office for the parcels included in the proposed site plan. Figure 1 shows an aerial location of the site in relation to the transportation network. The subject property has a current Future Land Use Designation of IND and a Zoning designation of AG-1. The property will be rezoned to Light Industrial and platted into two (2) parcels along with the proposed ROW for Road G where 200,000 SF of Warehouse Uses will be developed on the subject site. Exhibit 2 includes a copy of a conceptual site plan. Project build-out is expected in the year 2027. Ki n g s H w y Je n k i n s R d Ro c k R d Orange Ave SITE Page 102 of 209 2023-06-15_KRE (SLC)_Traffic_1133.18 Page 2 JFO GROUP INCTraffic Engineering • Transportation Planning www.jfogroupinc.com 2. TRIP GE NERA TI ON Project traffic potentially generated by the proposed project was calculated using the Institute of Transportation Engineers (ITE) publication Trip Generation Manual, 11th Edition. When fitted curve equations were not available, weighted average rates were used. Similarly, when data plots had at least 20 data points and a fitted curve equation with an R2 of at least 0.75, fitted curve equations were used. Exhibit 3 includes an excerpt from the ITE Trip Generation manual for the trip generation rates used in this analysis. Table 1 shows the rates used in order to determine the trip generation for Daily, AM, and PM peak hour conditions. As part of a conservative analysis and for simplification purposes, no traffic credit was taken for vested uses on the subject site. Table 1: Trip Generation Rates Land Use ITE Code Daily Trip Gen. AM Peak Hour PM Peak Hour In Out Total In Out Total Warehousing 150 T=1.58(X)+38.29 77% 23% 0.17 28% 72% 0.18 According to Table 2, the net Daily, AM and PM peak hour trips potentially generated due to the planned development are 354, 34 (26 In/8 Out) and 36 (10 In/26 Out) trips respectively. Table 2: Trip Generation Land Use Intensity Daily Traffic AM Peak Hour PM Peak Hour In Out Total In Out Total Warehousing 200,000 SF 354 26 8 34 10 26 36 Net Proposed Traffic 354 26 8 34 10 26 36 Page 103 of 209 2023-06-15_KRE (SLC)_Traffic_1133.18 Page 3 JFO GROUP INCTraffic Engineering • Transportation Planning www.jfogroupinc.com 3. EXIS TIN G CON DITI ONS Kings Hwy is the major roadway serving as primary access to the project. 4. BACKGROUN D TRAF FIC The University of Florida’s Bureau of Economic and Business Research (BEBR) from the College of Liberal Arts and Sciences calculates population projections for Florida and Its Counties. Table 3 includes the St. Lucie County BEBR growth rates for Year 2025 based on data included in the BEBR Bulletin 193 from October 2022. Exhibit 4 includes the applicable excerpts from the BEBR bulletin. Table 3: 2025 UF-BEBR Growth Rate County BEBR Population Estimate April 1, 2021 BEBR Population Projections (April 1) 2025 Range 2025 St. Lucie 340,060 Low 348,200 0.48% Medium 370,400 1.78% High 392,600 3.10% In order to provide a conservative analysis, the BEBR medium growth rate (1.78%) was used in this analysis to determine background traffic on the transportation network. Page 104 of 209 2023-06-15_KRE (SLC)_Traffic_1133.18 Page 4 JFO GROUP INC Traffic Engineering • Transportation Planning www.jfogroupinc.com 5. TRIP DISTRIBUTION AND ASSIGNMENT Trip distribution and assignment incorporates the characteristics of the proposed development as well as the surrounding network configuration. Figure 2 shows the project trip distribution for all roadway links in the project vicinity, as well as the signalized intersections. Table 4: Project Impact Roadway From To LOS Capacity Traffic Assignment Project Traffic Project Impact Kings Hwy Picos Rd To Orange Ave 880 20% 5 0.57% Kings Hwy Orange Ave To Angle Rd 920 50% 13 1.41%1 Orange Ave Campbell Rd To Kings Hwy 1,070 5% 1 0.09% Orange Ave Kings Hwy To I-95 2,100 30% 8 0.38% Orange Ave I-95 To Jenkins Rd 2,100 10% 3 0.14% As can be seen in Table 4, the project impact to the first connection to the Major Road Network will consume more than one percent (1%) of the peak-hour peak-direction capacity while the remaining Major Roadway Segments will consume less than five percent (5%). Exhibit 5 includes excerpts from the St. Lucie Transportation Planning Organization 2022 Traffic Counts and Level of Service Report used in this analysis. Table 5 includes Level of Service analysis on the first accessible links as required by the St Lucie TPO Standardized Traffic Impact Studies (TIS) Methodology and Procedures for St Lucie County, City of Fort Pierce and the City of Port St Lucie. As shown in Table 5, the first accessible link meets the adopted service volume. 1 This is the project’s first connection to the Major Road Network. According to the St Lucie TPO Transportation Improvement Program (TIP) - FY 2022/23 - FY 2026/2027, this link is being widened to 4 lanes. Under the new geometry, the project will have an insignificant impact on the transportation network. Page 105 of 209 ANGLE RD CR-607 / ANGLE RD I-95 KI N GS H W Y State of Florida, Maxar Figure 2: Traffi c Assignment KRE0.1 0 0.1 0.2 0.3 0.40.05 Miles Project Site ORANGE AVE 50 % 50 % 20 % 30% 2023-06-15_KRE (SLC)_Traffic_1133.18 Page 5 5%10% Page 106 of 209 2023-06-15_KRE (SLC)_Traffic_1133.18 Page 6 JFO GROUP INCTraffic Engineering • Transportation Planning www.jfogroupinc.com Table 5: Peak Hour Link Analysis Road From To Ln 2022 Traffic 2027 Background Traffic1 Project Assignment Project Traffic Total Traffic With Project Peak Direction Service Volume Meets peak direction LOS? AM PM AM PM AM PM AM PM Kings Hwy Picos Rd To Orange Ave 2 395 379 431 414 20% 5 5 436 419 880 YES Kings Hwy Orange Ave To Angle Rd 22 794 799 867 873 50% 13 13 880 886 920 YES Orange Ave Campbell Rd To Kings Hwy 2 156 156 170 170 5% 1 1 171 171 1,070 YES Orange Ave Kings Hwy To I-95 4 902 909 985 993 30% 8 8 993 1,001 2,100 YES Orange Ave I-95 To Jenkins Rd 4 827 778 903 850 10% 3 3 906 853 2,100 YES Peak Hour-Peak Direction AM PM 26 26 1 Calculated GR = 1.78%. See Table 3. 2 Included for widening in the St. Lucie TPO Transportation Improvement Program. Exhibit 6 includes excerpts from the Transportation Improvement Program FY 2022/23 – FY 2026/27 adopted on 6/1/2022. Page 107 of 209 2023-06-15_KRE (SLC)_Traffic_1133.18 Page 7 JFO GROUP INCTraffic Engineering Transportation Planning www.jfogroupinc.com 6. DRIVEWAY ANALYSIS The KRE development is proposing one (1) full driveway on Kings Highway. According to the National Cooperative Highway Research Program (NCHRP) Report 457, a left-turn lane is recommended on the unstopped approach of any intersection when the combination of intersection volumes intersect above or to the right of the appropriate trend line shown in Figure 2-5 of the NCHRP Report. Likewise, the November 2019 FDOT Access Management Guidebook includes recommended guidelines for exclusive right-turn lanes to unsignalized driveways based on the NCHRP Report 420, Impacts of Access Management Techniques. Figure 3: Project Driveway Volumes Figure 3 provides Daily, AM and PM peak hour driveway volumes for the KRE Property project. Based on the information presented in this figure, NCHRP Reports 457 and 420, a southbound left turn lane is recommended at the Kings Highway and Road G intersection. Furthermore, in anticipation of future traffic conditions, a northbound right turn lane is recommended at the Kings Highway and Road G intersection. Exhibit 7 includes turn lane analyses. Daily AM PM IN OUT IN OUT 354 26 8 10 26 354 4 (13) 4 (13) Page 108 of 209 2023-06-15_KRE (SLC)_Traffic_1133.18 Page 8 JFO GROUP INCTraffic Engineering Transportation Planning www.jfogroupinc.com 7. CONCLUSIONS AND RECOMMENDATIONS The KRE project is located east of Kings Highway, ±¾-mile north of Orange Avenue in unincorporated St. Lucie County, Florida. The subject property has a current Future Land Use Designation of IND and a Zoning designation of AG-1. The property will be rezoned to Light Industrial and platted into two (2) parcels along with the proposed ROW for Road G where 200,000 SF of Warehouse Uses will be developed on the subject site. The proposed project will likely generate 354 net daily trips where 34 (26 In/8 Out) trips will occur during the AM peak hour and 36 (10 In/26 Out) during the PM peak hour. The project’s first connection to the Major Road Network is on Kings Hwy from Orange Ave to Angle Rd which is being widened to 4 lanes. Under this new geometry, the KRE Property project will have an insignificant impact on the transportation network. At the time this traffic analysis was prepared, the St Lucie TPO Transportation Improvement Program (TIP) - FY 2022/23 - FY 2026/2027 and the F-DOT Five Year Program show widening of Kings Highway from I-95 to Angle Road. This widening is anticipated to be completed by the end of FY 2027. Similarly, preliminary engineering for improvements along Orange Avenue from Kings Highway to US-1 are included in the latest TIP. Exhibit 6 includes excerpts from the TIP for the programed improvements within the Radius of Impact for the KRE Property project. A southbound left turn lane is recommended at the Kings Highway and Road G intersection. Furthermore, in anticipation of future traffic conditions, a northbound right turn lane is recommended at the Kings Highway and Road G intersection as shown on the site plan. The proposed KRE Property project has been evaluated following the St Lucie TPO Standardized Traffic Impact Studies (TIS) Methodology and Procedures for St Lucie County, City of Fort Pierce and the City of Port St Lucie. This analysis shows the proposed development will have an insignificant impact on the transportation network subject to TIP Project Number 4383794 for widening Kings Highway on the project’s first accessible link. Page 109 of 209 JFO GROUP INC Traffic Engineering • Transportation Planning www.jfogroupinc.com KRE @ K INGS H IGHWAY (ST . L UCIE C OUNTY) T: (561) GO2-JFOG • www.jfogroupinc.com • info@jfo.us Exhibit 1 : Property Appraiser Page 110 of 209 This Page Intentionally Left Blank Page 111 of 209 Michelle Franklin, CFA -- Saint Lucie County Property Appraiser -- All rights reserved. Site Address: 990 N KINGS HWY Parcel ID: 2301-324-0050-000-0 Account #: 126802 Sec/Town/Range: 01/35S/39E Map ID: 23/01S Zoning: AG-1 Count Use Type: 6000 Jurisdiction: Saint Lucie County Stephen E Miron c/o Miron Holdings84 Business Park Dr Ste 208Armonk, NY 10504 01 35 39 S 150 FT OF E 300 FT OF NW 1/4 OF SW 1/4 AND E300 FT OF N 1/2 OF SW 1/4 OF SW 1/4-LESS S 12 FT- AND N30 FT OF N 1/2 OF SW 1/4 OF SW 1/4-LESS E 300 FT- (6.15AC) (OR 2598-245) Just/Market: $465,000 Assessed: $312,750 Exemptions: $0 Taxable: $312,750 Year Just/Market Assessed Exemptions Taxable 2022 $465,000 $312,750 $0 $312,7502021 $443,350 $299,200 $0 $299,2002020 $438,850 $294,700 $0 $294,700 Date Book/Page Sale Code Deed Grantor Price 06-23-2006 2598 / 0245 XX00 WD Shaw Kirby S $775,00012-05-1988 0614 / 1044 XX01 WD Shaw Kirby S $22,50011-09-1988 0611 / 0137 XX01 WD $100 Finished Area of this building: 1,832 SFGross Sketched Area: 3,802 SF Exterior Data View: Roof Cover: Dim Shingle Roof Structure: Hip Building Type: SFAV Year Built: 1926 Frame: Grade: SFAV-Avg Effective Year: 1995 Primary Wall: CB Stucco Story Height: 1 Story No. Units: 1 Secondary Wall: Interior Data Bedrooms: 0 A/C %: 100% Electric: AVERAGE Primary Int Wall: Full Baths: 2 Heated %: 100% Heat Type: FrcdHotAir Avg Hgt/Floor: 0 Half Baths: 0 Sprinkled %: 0% Heat Fuel: ELEC Primary Floors: Carpet Finished/Under Air(SF):1,832 Gross Sketched Area(SF):8,806 Land Size (acres): 6.15 Land Size (SF): 267,894 Total Building Count: 4 Type Qty Units Year Blt POOL DK-AVG 1 380 1991RES POOL AVG 1 160 1991UTILITY AVG 1 140 1999UTILITY AVG 1 192 1999 Property Card https://www.paslc.gov/RECard/#/propCard/126802 1 of 2 5/28/2023, 11:32 AM Page 112 of 209 Michelle Franklin, CFA -- Saint Lucie County Property Appraiser -- All rights reserved. All information is believed to be correct at this time, but is subject to change and is provided without any warranty.© Copyright 2023 Saint Lucie County Property Appraiser. All rights reserved. Site Address: N KINGS HWY Parcel ID: 2301-324-0040-000-7 Account #: 126803 Sec/Town/Range: 01/35S/39E Map ID: 23/01S Zoning: AG-1 Count Use Type: 6000 Jurisdiction: Saint Lucie County Stephen E Miron c/o Miron Holdings84 Business Park Dr Ste 208Armonk, NY 10504 01 35 39 N 1/2 OF SW 1/4 OF SW 1/4-LESS E 300 FT ANDLESS S 12 FT AND LESS W 70 FT AND LESS N 30 FT (13.59AC) (OR 2604-237) Just/Market: $543,600 Assessed: $13,590 Exemptions: $0 Taxable: $13,590 Year Just/Market Assessed Exemptions Taxable 2022 $543,600 $13,590 $0 $13,5902021 $543,600 $13,590 $0 $13,5902020 $543,600 $13,590 $0 $13,590 Date Book/Page Sale Code Deed Grantor Price 06-29-2006 2604 / 0237 XX00 WD Kings Highway Indus Park II LL $2,425,00001-17-2005 2142 / 0419 XX00 WD Miller Joseph G $1,073,70005-26-1999 1226 / 0147 XX01 WD Joseph G Miller $100 Finished Area of this building: 0 SFGross Sketched Area: 0 SF Exterior Data View: Roof Cover: Roof Structure: Building Type: Year Built: N/A Frame: Grade: Effective Year: N/A Primary Wall: Story Height: No. Units: 0 Secondary Wall: Interior Data Bedrooms: 0 A/C %: 0% Electric: Primary Int Wall: Full Baths: 0 Heated %: N/A% Heat Type: Avg Hgt/Floor: 0 Half Baths: 0 Sprinkled %: 0% Heat Fuel: Primary Floors: Finished/Under Air(SF):0 Gross Sketched Area(SF):0 Land Size (acres): 13.59 Land Size (SF): 591,980.4 Total Building Count: 1 Type Qty Units Year Blt Property Card https://www.paslc.gov/RECard/#/propCard/126803 1 of 1 5/28/2023, 11:33 AM Page 113 of 209 Michelle Franklin, CFA -- Saint Lucie County Property Appraiser -- All rights reserved. All information is believed to be correct at this time, but is subject to change and is provided without any warranty.© Copyright 2023 Saint Lucie County Property Appraiser. All rights reserved. Site Address: TBD Parcel ID: 2301-323-0001-000-9 Account #: 12738 Sec/Town/Range: 01/35S/39E Map ID: 23/01S Zoning: AG-1 Count Use Type: 6000 Jurisdiction: Saint Lucie County Rol Incorporated 1908 Cliff Valley Way NEAtlanta, GA 30329 1 35 39 S 1/2 OF NW 1/4 OF SW 1/4-LESS S 150 FT OF E 300FT AND LESS W 70 FT FOR RS/W- (18.03 AC) (OR 269-1888) Just/Market: $631,050 Assessed: $4,958 Exemptions: $0 Taxable: $4,958 Year Just/Market Assessed Exemptions Taxable 2022 $631,050 $4,958 $0 $4,9582021 $631,050 $4,958 $0 $4,9582020 $631,050 $4,958 $0 $4,958 Date Book/Page Sale Code Deed Grantor Price 06-01-1977 0269 / 1888 XX00 CV $50,000 Finished Area of this building: 0 SFGross Sketched Area: 0 SF Exterior Data View: Roof Cover: Roof Structure: Building Type: Year Built: N/A Frame: Grade: Effective Year: N/A Primary Wall: Story Height: No. Units: 0 Secondary Wall: Interior Data Bedrooms: 0 A/C %: 0% Electric: Primary Int Wall: Full Baths: 0 Heated %: N/A% Heat Type: Avg Hgt/Floor: 0 Half Baths: 0 Sprinkled %: 0% Heat Fuel: Primary Floors: Finished/Under Air(SF):0 Gross Sketched Area(SF):0 Land Size (acres): 18.03 Land Size (SF): 785,386.8 Total Building Count: 1 Type Qty Units Year Blt Property Card https://www.paslc.gov/RECard/#/propCard/12738 1 of 1 5/28/2023, 11:34 AM Page 114 of 209 This Page Intentionally Left Blank Page 115 of 209 JFO GROUP INC Traffic Engineering • Transportation Planning www.jfogroupinc.com KRE @ K INGS H IGHWAY (ST . L UCIE C OUNTY) T: (561) GO2-JFOG • www.jfogroupinc.com • info@jfo.us Exhibit 2 : Conceptual Site Plan Page 116 of 209 This Page Intentionally Left Blank Page 117 of 209 BUILDING #1 200,000 S.F. SITE 695,595 S.F. 16.0 ACRES 15.7% DRY DENTENTION AREA 1000' 200'15' 1010 109 10 1010 10 9 10 10 1010 109 1010 7 190' 10 609' 1154' 1.11 ACRES 0.82 ACRES 0.11 ACRES MIRON PROPERTIES (PROPERTY APPRAISER) 6.15 & 13.59 = 19.74 ACRES R/W DEDICATION = 1.22 ACRES 0.75 ACRES 89 PARKING 201 SPACESDR A F T Page 118 of 209 This Page Intentionally Left Blank Page 119 of 209 JFO GROUP INC Traffic Engineering • Transportation Planning www.jfogroupinc.com KRE @ K INGS H IGHWAY (ST . L UCIE C OUNTY) T: (561) GO2-JFOG • www.jfogroupinc.com • info@jfo.us Exhibit 3 : ITE Trip Generation Rates Page 120 of 209 This Page Intentionally Left Blank Page 121 of 209 Land Use: 150 Warehousing Description A warehouse is primarily devoted to the storage of materials, but it may also include office and maintenance areas. High-cube transload and short-term storage warehouse (Land Use 154), high- cube fulfillment center warehouse (Land Use 155), high-cube parcel hub warehouse (Land Use 156), and high-cube cold storage warehouse (Land Use 157) are related uses. Additional Data The technical appendices provide supporting information on time-of-day distributions for this land use. The appendices can be accessed through either the ITETripGen web app or the trip generation resource page on the ITE website (https://www.ite.org/technical-resources/topics/trip- and-parking-generation/). The sites were surveyed in the 1980s, the 1990s, the 2000s, and the 2010s in California, Connecticut, Minnesota, New Jersey, New York, Ohio, Oregon, Pennsylvania, and Texas. Source Numbers 184, 331, 406, 411, 443, 579, 583, 596, 598, 611, 619, 642, 752, 869, 875, 876, 914, 940, 1050 94 Trip Generation Manual 11th Edition • Volume 3 Page 122 of 209 Warehousing(150) Vehicle Trip Ends vs:1000 Sq.Ft.GFA On a:Weekday Setting/Location:General Urban/Suburban Number of Studies:31 Avg.1000 Sq.Ft.GFA:292 Directional Distribution:50%entering,50%exiting Vehicle Trip Generation per 1000 Sq.Ft.GFA Average Rate Range of Rates Standard Deviation 1.71 0.15 -16.93 1.48 Data Plot and Equation 0 1000 2000 3000 40000 2000 4000 6000 Average RateStudySiteFittedCurve Fitted Curve Equation:T =1.58(X)+38.29 R²=0.92 X =1000 Sq.Ft.GFA T = T r i p s E n d s 95General Urban/Suburban and Rural (Land Uses 000–399) Page 123 of 209 Warehousing(150) Vehicle Trip Ends vs:1000 Sq.Ft.GFA On a:Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Setting/Location:General Urban/Suburban Number of Studies:36 Avg.1000 Sq.Ft.GFA:448 Directional Distribution:77%entering,23%exiting Vehicle Trip Generation per 1000 Sq.Ft.GFA Average Rate Range of Rates Standard Deviation 0.17 0.02 -1.93 0.19 Data Plot and Equation 0 1000 2000 3000 40000 200 400 600 Average RateStudySiteFittedCurve Fitted Curve Equation:T =0.12(X)+23.62 R²=0.69 X =1000 Sq.Ft.GFA T = T r i p s E n d s 96 Trip Generation Manual 11th Edition • Volume 3 Page 124 of 209 Warehousing(150) Vehicle Trip Ends vs:1000 Sq.Ft.GFA On a:Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Setting/Location:General Urban/Suburban Number of Studies:49 Avg.1000 Sq.Ft.GFA:400 Directional Distribution:28%entering,72%exiting Vehicle Trip Generation per 1000 Sq.Ft.GFA Average Rate Range of Rates Standard Deviation 0.18 0.01 -1.80 0.18 Data Plot and Equation 0 1000 2000 3000 40000 200 400 600 Average RateStudySiteFittedCurve Fitted Curve Equation:T =0.12(X)+26.48 R²=0.65 X =1000 Sq.Ft.GFA T = T r i p s E n d s 97General Urban/Suburban and Rural (Land Uses 000–399) Page 125 of 209 JFO GROUP INC Traffic Engineering • Transportation Planning www.jfogroupinc.com KRE @ K INGS H IGHWAY (ST . L UCIE C OUNTY) T: (561) GO2-JFOG • www.jfogroupinc.com • info@jfo.us Exhibit 4 : UF BEBR Populations Projections Page 126 of 209 This Page Intentionally Left Blank Page 127 of 209 College of Liberal Arts and Sciences Bureau of Economic and Business Research Florida Population Studies Bulletin 193, October 2022 Population Projections By Age, Sex, Race, and Hispanic Origin For Florida and Its Counties, 2025–2050, With Estimates for 2021 Page 128 of 209 8 Bureau of Economic and Business Research, Florida Population Studies, Bulletin 192 Projections of Florida Population by County, 2025–2050, with Estimates for 2021 (continued) County Estimates Projections, April 1 and State April 1, 2021 2025 2030 2035 2040 2045 2050 MIAMI-DADE 2,731,939 Low 2,682,600 2,674,200 2,649,100 2,615,800 2,579,400 2,543,700 Medium 2,823,800 2,922,600 3,001,800 3,068,400 3,126,600 3,179,600 High 2,965,000 3,171,000 3,354,500 3,521,000 3,673,700 3,815,500 MONROE 83,411 Low 79,200 76,600 73,900 71,300 68,800 66,400 Medium 84,300 85,100 85,700 86,200 86,500 86,800 High 89,300 93,600 97,500 101,000 104,300 107,200 NASSAU 93,012 Low 94,600 98,200 99,800 100,500 100,300 99,600 Medium 101,700 110,900 118,500 125,300 131,100 136,500 High 108,800 123,700 137,200 150,000 162,000 173,300 OKALOOSA 213,204 Low 210,200 210,400 208,700 206,000 202,600 198,900 Medium 223,600 233,800 241,900 248,900 254,800 260,000 High 237,000 257,100 275,200 291,900 307,100 321,100 OKEECHOBEE 39,148 Low 37,900 37,100 36,100 35,100 34,100 33,300 Medium 39,900 40,500 40,900 41,200 41,400 41,600 High 41,900 44,000 45,700 47,200 48,600 49,900 ORANGE 1,457,940 Low 1,483,000 1,534,200 1,558,500 1,566,800 1,565,400 1,559,200 Medium 1,577,700 1,704,700 1,807,000 1,893,400 1,969,000 2,038,200 High 1,672,300 1,875,100 2,055,500 2,220,000 2,372,700 2,517,200 OSCEOLA 406,460 Low 431,000 465,100 484,400 496,100 502,700 506,100 Medium 463,500 525,500 575,000 618,200 657,100 693,200 High 495,900 586,000 665,500 740,400 811,600 880,400 PALM BEACH 1,502,495 Low 1,492,900 1,504,200 1,502,700 1,492,900 1,478,700 1,462,900 Medium 1,571,500 1,643,900 1,702,700 1,751,200 1,792,300 1,828,700 High 1,650,100 1,783,600 1,902,800 2,009,500 2,106,000 2,194,400 PASCO 575,891 Low 585,900 605,100 614,800 617,900 617,200 614,600 Medium 623,300 672,400 712,800 746,700 776,300 803,400 High 660,700 739,600 810,800 875,500 935,500 992,200 PINELLAS 964,490 Low 940,300 924,800 908,300 891,900 876,500 862,700 Medium 979,500 994,400 1,006,400 1,016,500 1,025,200 1,033,100 High 1,018,700 1,064,000 1,104,500 1,141,000 1,173,900 1,203,600 POLK 748,365 Low 762,300 790,000 804,500 810,300 810,500 808,000 Medium 810,900 877,800 932,700 979,200 1,019,500 1,056,200 High 859,600 965,500 1,061,000 1,148,100 1,228,500 1,304,400 PUTNAM 73,673 Low 70,300 68,100 65,900 63,900 62,000 60,300 Medium 74,000 74,400 74,700 75,000 75,200 75,400 High 77,700 80,700 83,500 86,000 88,300 90,500 ST. JOHNS 285,533 Low 302,100 324,200 337,100 345,000 349,200 351,200 Medium 324,800 366,400 400,200 429,900 456,500 481,100 High 347,600 408,500 463,200 514,800 563,800 611,100 ST. LUCIE 340,060 Low 348,200 362,900 370,700 373,200 373,400 372,500 Medium 370,400 403,200 429,800 451,000 469,700 486,900 High 392,600 443,500 488,900 528,800 566,000 601,400 Page 129 of 209 JFO GROUP INC Traffic Engineering • Transportation Planning www.jfogroupinc.com KRE @ K INGS H IGHWAY (ST . L UCIE C OUNTY) T: (561) GO2-JFOG • www.jfogroupinc.com • info@jfo.us Exhibit 5: 2022 Traffic Counts and LOS Report Page 130 of 209 This Page Intentionally Left Blank Page 131 of 209 Volume LOS V/C Volume LOS V/C KINGS HWY PICOS RD to ORANGE AVE 940076 7,762 2020 880 395 C 0.449 379 C 0.431 KINGS HWY ORANGE AVE to ANGLE RD 940077 16,024 2020 920 794 C 0.863 799 C 0.868 KINGS HWY ANGLE RD to ST LUCIE BLVD 940751 11,387 2020 880 607 C 0.690 611 C 0.694 ORANGE AVE CAMPBELL RD to KINGS HWY 940144 2,851 2020 1,070 156 B 0.146 156 B 0.146 ORANGE AVE KINGS HWY to I-95 940041 18,954 2020 2,100 902 C 0.430 909 C 0.433 ORANGE AVE I-95 to JENKINS RD 940035 14,453 2020 2,100 827 C 0.394 778 C 0.370 Traffic Counts and Level of Service Report 2022 AM Pk Hr Pk Dir PM Pk Hr Pk Dir Roadway Name Location STATION ID AADT Last Count Year Pk Hr Service Capacity JFO GROUP INC Traffic Engineering Transportation Planning www.jfogroupinc.com Page 132 of 209 Roadway Name Location Volume LOS V/C PM Pk Hr Pk Dir Pk Hr Service Capacity AM Pk Hr Pk Dir V/C LOS Volume STATION ID Last Physical Count Year Traffic Counts and Level of Service Report 2022 2022 AADT * 8,819 INDRIO RD to RUSSOS RDJOHNSTON RD 1,070 500 135 C 0.467 501 C 0.468 2019 8,819 RUSSOS RD to INDIAN RIVER C.L.JOHNSTON RD 1,070 500 135 C 0.467 501 C 0.468 2019 2,900 53RD ST to 25TH STJUANITA AVE 750 187 122 C 0.249 171 C 0.228 2022 4,800 25TH ST to US 1JUANITA AVE 750 268 120 C 0.357 263 C 0.351 2022 3,008 ANGLE RD to JUANITA AVEKEEN RD 630 181 129 C 0.287 212 C 0.337 2018 3,008 JUANITA AVE to ST LUCIE BLVDKEEN RD 630 181 129 C 0.287 212 C 0.337 2018 9,000 OKEECHOBEE RD to CROSSROADS PKWYKINGS HWY 880 436 940757 C 0.495 446 C 0.507 2020 9,000 CROSSROADS PKWY to GRAHAM RDKINGS HWY 700 436 940757 C 0.623 446 C 0.637 2020 7,762 GRAHAM RD to PICOS RDKINGS HWY 700 395 940076 C 0.564 379 C 0.541 2020 7,762 PICOS RD to ORANGE AVEKINGS HWY 880 395 940076 C 0.449 379 C 0.431 2020 16,024 ORANGE AVE to ANGLE RDKINGS HWY 920 794 940077 C 0.863 799 C 0.868 2020 11,387 ANGLE RD to ST LUCIE BLVDKINGS HWY 880 607 940751 C 0.69 611 C 0.694 2020 13,805 ST LUCIE BLVD to INDRIO RDKINGS HWY 880 822 940006 C 0.934 772 C 0.877 2020 2,686 EDWARDS RD to 35TH STKIRBY LOOP RD 630 156 677 C 0.248 144 C 0.229 2020 3,641 OLEANDER AVE to US 1KITTERMAN RD 750 239 124 C 0.319 217 C 0.289 2018 2,100 US 1 to LENNARD EXTKITTERMAN RD 750 120 678 C 0.16 121 C 0.161 2022 18,000 US 1 to MARIPOSA AVELENNARD RD 1,710 927 325 D 0.542 957 D 0.56 2022 18,000 MARIPOSA AVE to MELALEUCA BLVDLENNARD RD 1,710 927 325 D 0.542 957 D 0.56 2022 18,000 MELALEUCA BLVD to JENNINGS RDLENNARD RD 1,630 927 325 D 0.569 957 D 0.587 2022 18,000 JENNINGS RD to HILLMOOR DRLENNARD RD 1,710 927 325 D 0.542 957 D 0.56 2022 18,000 HILLMOOR DR to TIFFANY AVELENNARD RD 1,710 927 325 D 0.542 957 D 0.56 2022 9,000 TIFFANY AVE to WALTON RDLENNARD RD 1,710 470 323 C 0.275 477 C 0.279 2022 3,761 WALTON RD to S OF SAVANNA CLUB BLVDLENNARD RD 790 260 679 C 0.329 247 C 0.313 2020 10,911 VETERANS MEMORIAL PKWY to MORNINGSIDE BLVDLYNGATE DR 920 683 306 C 0.742 726 C 0.789 2019 10,911 MORNINGSIDE BLVD to US 1LYNGATE DR 920 683 306 C 0.742 726 C 0.789 2019 10 * Volumes shown were adjusted using FDOT Seasonal Factors * AADT = Annual Average Daily Traffic (volumes for both directions where applicable) * Counts with an ID format of 6 digits have data extracted from FDOT count stations. * NOTE: A six digit number in the "STATION ID" column identifies segment counted by FDOT * NOTE: If the Last Count Year is older than the year of the report, the AADT is projected from historical traffic count data. Page 133 of 209 Roadway Name Location Volume LOS V/C PM Pk Hr Pk Dir Pk Hr Service Capacity AM Pk Hr Pk Dir V/C LOS Volume STATION ID Last Physical Count Year Traffic Counts and Level of Service Report 2022 2022 AADT * 1,452 SR A1A NORTH to ST LUCIE BLVDOLD DIXIE HWY 750 68 948521 C 0.091 68 C 0.091 2020 2,200 ST LUCIE BLVD to INDRIO RDOLD DIXIE HWY 790 162 227 C 0.205 126 C 0.159 2022 1,323 INDRIO RD to INDIAN RIVER C.L.OLD DIXIE HWY 870 62 948523 C 0.071 62 C 0.071 2020 2,943 BEACH AVE to KITTERMAN RDOLEANDER AVE 540 170 692 C 0.315 193 C 0.357 2020 6,151 KITTERMAN RD to MIDWAY RDOLEANDER AVE 750 384 141 D 0.512 404 D 0.539 2021 6,759 MIDWAY RD to WEATHERBEE RDOLEANDER AVE 750 370 139 C 0.493 401 D 0.535 2019 6,759 WEATHERBEE RD to BELL AVEOLEANDER AVE 540 370 139 D 0.685 401 D 0.743 2019 12,543 BELL AVE to FARMER'S MARKET RDOLEANDER AVE 540 605 240 F 1.12 574 E 1.063 2020 12,543 FARMER'S MARKET RD to EDWARDS RDOLEANDER AVE 750 605 240 D 0.807 574 D 0.765 2020 9,891 EDWARDS RD to WISTERIA AVEOLEANDER AVE 750 600 505 D 0.8 499 D 0.665 2020 9,891 WISTERIA AVE to GARDENIA AVEOLEANDER AVE 540 600 505 F 1.111 499 D 0.924 2020 9,891 GARDENIA AVE to VIRGINIA AVEOLEANDER AVE 790 600 505 D 0.759 499 D 0.632 2020 4,537 VIRGINIA AVE to SUNRISE BLVDOLEANDER AVE 600 258 503 C 0.43 268 C 0.447 2018 5,052 OKEECHOBEE C.L. to SNEED RDORANGE AVE 670 295 144 C 0.44 281 C 0.419 2020 5,052 SNEED RD to HEADER CANAL RDORANGE AVE 670 295 144 C 0.44 281 C 0.419 2020 2,851 SHINN RD to CAMPBELL RDORANGE AVE 1,070 156 940144 B 0.146 156 B 0.146 2020 2,851 CAMPBELL RD to KINGS HWYORANGE AVE 1,070 156 940144 B 0.146 156 B 0.146 2020 18,954 KINGS HWY to I-95ORANGE AVE 2,100 902 940041 C 0.43 909 C 0.433 2020 14,453 I-95 to JENKINS RDORANGE AVE 2,100 827 940035 C 0.394 778 C 0.37 2020 15,435 JENKINS RD to HARTMAN RDORANGE AVE 2,100 797 940028 C 0.38 741 C 0.353 2020 15,435 HARTMAN RD to ANGLE RDORANGE AVE 2,100 797 940028 C 0.38 741 C 0.353 2020 9,848 ANGLE RD to 25TH STORANGE AVE 1,710 505 940151 C 0.295 587 C 0.343 2013 12,894 25TH ST to 17TH STORANGE AVE 1,630 622 945040 C 0.382 682 C 0.418 2020 12,894 17TH ST to 13TH STORANGE AVE 1,710 622 945040 C 0.364 682 C 0.399 2020 12,894 13TH ST to 10TH STORANGE AVE 750 622 945040 D 0.829 682 D 0.909 2020 13 * Volumes shown were adjusted using FDOT Seasonal Factors * AADT = Annual Average Daily Traffic (volumes for both directions where applicable) * Counts with an ID format of 6 digits have data extracted from FDOT count stations. * NOTE: A six digit number in the "STATION ID" column identifies segment counted by FDOT * NOTE: If the Last Count Year is older than the year of the report, the AADT is projected from historical traffic count data. Page 134 of 209 This Page Intentionally Left Blank Page 135 of 209 JFO GROUP INC Traffic Engineering • Transportation Planning www.jfogroupinc.com KRE @ K INGS H IGHWAY (ST . L UCIE C OUNTY) T: (561) GO2-JFOG • www.jfogroupinc.com • info@jfo.us Exhibit 6 : Five Year Work Program Page 136 of 209 This Page Intentionally Left Blank Page 137 of 209 Page 138 of 209 St Lucie TPO Transportation Improvement Program - FY 2022/23 - FY 2026/2027 C 1-21 KINGS HWY FROM NORTH OF COMMERCIAL CIR TO NORTH OF ST. LUCIE BLVD 4383792 Non-SIS Project Description: ADD LANES & RECONSTRUCT Extra Description: 2017 TPO PRIORITY #4 WIDENING FROM 2 TO 4 LANES; PD&E UNDER 230256-5 Lead Agency: MANAGED BY FDOT County: ST. LUCIE Length: 1.21 From: NORTH OF COMMERCIAL CIR To: NORTH OF ST. LUCIE BLVD Phase Group: PRELIMINARY ENGINEERING, RIGHT OF WAY, ENVIRONMENTAL Phase Fund Code 2023 2024 2025 2026 2027 Total ROW DDR 0 600 0 0 0 600 ROW DDR 0 0 0 0 3,767,912 3,767,912 ROW DS 0 0 1,000,000 0 2,438,156 3,438,156 ROW SN 0 0 0 1,166,005 0 1,166,005 ROW SU 363,993 277,699 87,000 0 0 728,692 363,993 278,299 1,087,000 1,166,005 6,206,068 9,101,365 Prior Year Cost: 8,498,626 Future Year Cost: 0 Total Project Cost: 61,519,912 LRTP: Page 8-2 Page 139 of 209 St Lucie TPO Transportation Improvement Program - FY 2022/23 - FY 2026/2027 C 1-26 KINGS HWY NORTH OF I-95 OVERPASS TO SOUTH OF ANGLE RD 4383794 Non-SIS Project Description: ADD LANES & RECONSTRUCT Extra Description: 2017 TPO PRIORITY #4 WIDENING 2 TO 4 LANES, PD&E UNDER 230256-5, DESIGN & ROW UNDER FM# 438379.1 Lead Agency: MANAGED BY FDOT County: ST. LUCIE Length: 0.97 From: NORTH OF I-95 OVERPASS To: SOUTH OF ANGLE RD Phase Group: CONSTRUCTION Phase Fund Code 2023 2024 2025 2026 2027 Total CST DDR 0 0 0 0 11,898,957 11,898,957 CST DIH 0 0 0 0 116,421 116,421 CST DS 0 0 0 0 9,000,000 9,000,000 CST SA 0 0 0 0 3,000,000 3,000,000 CST SU 0 0 0 0 2,761,397 2,761,397 26,776,775 26,776,775 Prior Year Cost: 8,498,626 Future Year Cost: 0 Total Project Cost: 61,519,912 LRTP: Page 8-2 Page 140 of 209 St Lucie TPO Transportation Improvement Program - FY 2022/23 - FY 2026/2027 C 1-22 KINGS HWY FROM NORTH OF I-95 OVERPASS TO NORTH OF COMMERCIAL CIR 4383791 Non-SIS Project Description: ADD LANES & RECONSTRUCT Extra Description: 2017 TPO PRIORITY #4 WIDENING 2 TO 4 LANES PD&E UNDER 230256-5 Lead Agency: MANAGED BY FDOT County: ST. LUCIE Length: 1.4 From: NORTH OF I-95 OVERPASS To: NORTH OF COMMERCIAL CIR Phase Group: PRELIMINARY ENGINEERING, RIGHT OF WAY, ENVIRONMENTAL Phase Fund Code 2023 2024 2025 2026 2027 Total ROW DDR 0 2,496,483 3,812,937 0 0 6,309,420 ROW SA 0 0 0 6,000,000 4,344,156 10,344,156 ROW SN 0 0 135,047 0 0 135,047 ROW SU 304,523 0 50,000 0 0 354,523 304,523 2,496,483 3,997,984 6,000,000 4,344,156 17,143,146 Prior Year Cost: 8,498,626 Future Year Cost: 0 Total Project Cost: 61,519,912 LRTP: Page 8-2 Page 141 of 209 St Lucie TPO Transportation Improvement Program - FY 2022/23 - FY 2026/2027 C 1-31 ORANGE AVE FROM KINGS HWY TO EAST OF I-95 SB RAMP 4461681 SIS Project Description: INTERCHANGE - ADD LANES Extra Description: ADD EB RIGHT TURN LANE FROM ORANGE AVE/SR-68 TO I-95 SB ON-RAMP & ADD WB RIGHT-TURN LANE FR ORANGE AVE/SR-68 TO NB KINGS HWY/SR-713. NB & WB PROTECTED RIGHT TURN PHASES TO BE ADDED AT INTERSECTION OF ORANGE AVE/SR-68 AND KINGS HWY/ SR-713. EB TO SB ON-RAMP ENTRANCE TO BE RELOCATED TO THE EXISTING SIGNALIZED INTERSECTION FOR THE WB TO SB (SEE WP45) Lead Agency: MANAGED BY FDOT County: ST. LUCIE Length: 0.646 From: KINGS HWY To: EAST OF I-95 SB RAMP Phase Group: P D & E, PRELIMINARY ENGINEERING, RIGHT OF WAY, ENVIRONMENTAL Phase Fund Code 2023 2024 2025 2026 2027 Total PE ACFP 0 541,608 24,423 0 0 566,031 ROW ACFP 0 0 382,386 0 0 382,386 ROW DDR 0 0 145,513 0 0 145,513 ENV ACFP 0 10,000 0 0 0 10,000 551,608 552,322 1,103,930Prior Year Cost: 55,918 Future Year Cost: 0 Total Project Cost: 1,159,848 LRTP: Page 8-3 Page 142 of 209 St Lucie TPO Transportation Improvement Program - FY 2022/23 - FY 2026/2027 C 1-32 ORANGE AVE FROM KINGS HWY TO US-1 4496961 Non-SIS Project Description: ATMS - ARTERIAL TRAFFIC MGMT Extra Description: 2022 TPO CMP PRIORITY #3 INCLUDES SOUTH 7TH STREET FROM SR-68/ORANGE AVE TO AVE A INSTALL FIBER OPTIC CABLE, TRAFFIC CAMERAS/VIDEO DETECTORS AND ADAPTIVE SIGNAL CONTROL AT SIGNALIZED INTERSECTIONS NO R/W NEEDED Lead Agency: MANAGED BY FDOT County: ST. LUCIE Length: 4.187 From: KINGS HWY To: US-1 Phase Group: PRELIMINARY ENGINEERING Phase Fund Code 2023 2024 2025 2026 2027 Total PE DDR 0 0 0 0 320,627 320,627 PE DIH 0 0 0 0 25,650 25,650 346,277 346,277 Prior Year Cost: 0 Future Year Cost: 0 Total Project Cost: 346,277 LRTP: Page 8-11 Page 143 of 209 St Lucie TPO Transportation Improvement Program - FY 2022/23 - FY 2026/2027 C 1-23 KINGS HWY FROM NORTH OF PICOS RD TO NORTH OF I-95 OVERPASS 4380411 Non-SIS Project Description: LANDSCAPING Extra Description: STANDALONE DEPENDENT PROJECT FOR 230256-7 Lead Agency: MANAGED BY FDOT County: ST. LUCIE Length: 1.576 From: To: Phase Group: PRELIMINARY ENGINEERING, CONSTRUCTION Phase Fund Code 2023 2024 2025 2026 2027 Total CST DDR 0 736,047 0 0 0 736,047 CST DIH 0 37,746 0 0 0 37,746 773,793 773,793 Prior Year Cost: 149,220 Future Year Cost: 0 Total Project Cost: 923,013 LRTP: Page 8-2 Page 144 of 209 St Lucie TPO Transportation Improvement Program - FY 2022/23 - FY 2026/2027 C 1-25 KINGS HWY FROM SOUTH OF OKEECHOBEE RD TO NORTH OF PICOS RD 2302568 Non-SIS Project Description: LANDSCAPING Extra Description: STANDALONE DEPENDENT PROJECT FOR 230256-6 Lead Agency: MANAGED BY FDOT County: ST. LUCIE Length: 1.397 From: SOUTH OF OKEECHOBEE RD To: NORTH OF PICOS RD Phase Group: PRELIMINARY ENGINEERING, CONSTRUCTION Phase Fund Code 2023 2024 2025 2026 2027 Total CST DDR 0 454,772 0 0 0 454,772 CST DIH 0 40,020 0 0 0 40,020 494,792 494,792 Prior Year Cost: 70,502,690 Future Year Cost: 0 Total Project Cost: 73,214,194 LRTP: Page 8-2 Page 145 of 209 JFO GROUP INC Traffic Engineering • Transportation Planning www.jfogroupinc.com KRE @ K INGS H IGHWAY (ST . L UCIE C OUNTY) T: (561) GO2-JFOG • www.jfogroupinc.com • info@jfo.us Exhibit 7 : Driveway Analyses Page 146 of 209 This Page Intentionally Left Blank Page 147 of 209 4-lane roadway INPUT Value 13 749 749 OUTPUT Guidance for determining the need for a major-road left-turn bay: CALIBRATION CONSTANTS Value 4.0 6.0 Variable Average time for making left-turn, s: Critical headway, s: Variable Left-turning volume (VL), veh/h: Figure 2 - 5. Guideline for determining the need for a major-road left-turn bay at a two-way stop-controlled intersection. Combined volume (VA and VO) check: Left-turn treatment warranted. Advancing volume (VA), veh/h: Opposing volume (VO), veh/h: O.K. O.K. Variable Message Opposing volume (Vo) check: Note: When VO < 400 veh/h (dashed line), a left-turn lane is not normally warranted unless the advancing volume (VA) in the same direction as the left-turning traffic exceeds 400 veh/h (VA > 400 veh/h). 0 500 1000 1500 2000 0 5 10 15 20 25 30 Op p o s i n g V o l u m e ( V O), v e h / h Left-Turning Volume (VL), veh/h Four-Lane Undivided Road Left-turn treatment not warranted. Left-turn treatment warranted. AM 2027 Peak Hour - Kings Highway and Road G Page 148 of 209 4-lane roadway INPUT Value 5 754 754 OUTPUT Guidance for determining the need for a major-road left-turn bay: CALIBRATION CONSTANTS Value 4.0 6.0 Variable Average time for making left-turn, s: Critical headway, s: Variable Left-turning volume (VL), veh/h: Figure 2 - 5. Guideline for determining the need for a major-road left-turn bay at a two-way stop-controlled intersection. Combined volume (VA and VO) check: Left-turn treatment NOT warranted. Advancing volume (VA), veh/h: Opposing volume (VO), veh/h: O.K. O.K. Variable Message Opposing volume (Vo) check: Note: When VO < 400 veh/h (dashed line), a left-turn lane is not normally warranted unless the advancing volume (VA) in the same direction as the left-turning traffic exceeds 400 veh/h (VA > 400 veh/h). 0 500 1000 1500 2000 0 5 10 15 20 25 30 Op p o s i n g V o l u m e ( V O), v e h / h Left-Turning Volume (VL), veh/h Four-Lane Undivided Road Left-turn treatment not warranted. Left-turn treatment warranted. PM 2027 Peak Hour - Kings Highway and Road G Page 149 of 209 FDOT Access Management Guidebook 98 When Not to Consider Exclusive Right-Turn Lanes • Dense or built-out corridors with limited space • Right-turn lane that would negatively impact pedestrians or bicyclists • Vehicular movements from driveways or median openings that cross the right-turn lane resulting in multiple threat crashes • Context classifications C2T, C4, C5, or C6 When Exclusive Right-Turn Lanes are Beneficial There are instances when adding an exclusive right-turn lane for unsignalized driveways are beneficial to traffic operations and safety. Table 27 provides some guidance for this situation based on the speed limit of the roadway and how many right turns occur per hour. Locations where the Auto and Truck Modal Emphasis is "High" may be appropriate for consideration of Exclusive Right Turn Lanes. Table 27 – Recommended Guidelines for Exclusive Right-Turn Lanes to Unsignalized Driveway10 Roadway Posted Speed Limit Number of Right Turns Per Hour 45 mph or less 80 – 1251 Over 45 mph 35 – 552 Note: A posted speed limit of 45 mph may be used with these thresholds if the operating speeds are known to be over 45 mph during the time of peak right turn demand. Note on traffic projections: Projecting turning volumes is, at best, a knowledgeable estimate. Keep this in mind especially if the projections of right turns are close to meeting the guidelines. In that case, consider requiring the turn lane. 1 The lower threshold of 80 right-turn vehicles per hour would be most used for higher volume (greater than 600 vehicles per hour, per lane in one direction on the major roadway) or two-lane roads where lateral movement is restricted. The 125 right-turn vehicles per hour upper threshold would be most appropriate on lower volume roadways, multilane highways, or driveways with a large entry radius (50 feet or greater). 2 The lower threshold of 35 right-turn vehicles per hour would be most appropriately used on higher volume two-lane roadways where lateral movement is restricted. The 55 right-turn vehicles per hour upper threshold would be most appropriate on lower volume roadways, multilane highways, or driveways with large entry radius (50 feet or greater). Source: NCHRP Report 420 (Impacts of Access Management Techniques) These recommendations are primarily based on the research done in NCHRP Report 420, Impacts of Access Management Techniques, Chapter 4 – Unsignalized Access Spacing (Technique 1B), and Use of Speed Differential as a Measure to Evaluate the Need for Right-Turn Deceleration Lane at Unsignalized Intersections. In the NCHRP Report 420, the observed high-speed roads, 30 to 40 right-turn vehicles per hour caused evasive maneuvers on 5 - 10 percent of the following through vehicles. For lower speed roadways, 80 to 110 right-turn vehicles caused 15 - 20 percent of the following through vehicles to make evasive maneuvers. The choice of acceptable percentages of through vehicles impacted is a decision based on reasonable expectations of the different roadways. In this study, by modeling speed differentials, a better understanding of the impacts of through volume and driveway radius was discovered. 10 May not be appropriate for signalized locations where signal phasing plays an important role in determining the need for right turn lanes. Exhibit 5 Page 6 of 6Page 150 of 209 This Page Intentionally Left Blank Page 151 of 209 This Page Intentionally Left Blank Page 152 of 209 We specialize in T RAFFIC E NGINEERING and T RANSPORTATION P LANNING solutions in the context of L AND D EVELOPMENT for both public and private clients. In addition to representing our clients and projects in municipalities and counties where our expertise is required, and in front of any applicable agencies such as Departments of Transportation, we have also worked on behalf of several agencies and municipalities. JFO GROUP INC holds Certificates of Authorization (COA) to practice Professional Engineering in the States of Florida, Georgia, South Carolina and Alabama. 6671 W Indiantown Rd • Suite 50-324 • Jupiter, Florida • 33458 T: (561) GO2-JFOG • www.jfogroupinc.com • info@jfo.us JFO GROUP INC Traffic Engineering & Transportation Planning Page 153 of 209 Page 154 of 209 Page 155 of 209 Page 156 of 209 Page 157 of 209 Page 158 of 209 ParcelID CuO1LastNa CuO1FirstN 2302-411-0001-000-2 FULL BLOOM PROPERTIES TOO LLC 2302-800-0012-000-6 Kelly Tractor Co 2302-800-0003-000-0 Kings Crossing Park Comm POA 2301-324-0050-000-0 Miron Stephen E 2302-141-0002-000-1 NSLRWCD 2301-311-0015-000-3 Premier Business Park LLC 2301-323-0001-000-9 Rol Incorporated 2301-333-0001-000-0 WHALOU PROPERTIES LLC CuOStreet1 14070 Starkey RD 8255 NW 58th St 8255 NW 58th St c/o Miron Holdings 14666 Orange AVE PO Box 402847 1908 Cliff Valley Way NE c/o Maria Viera CuOStreet2 CuOCity CuOState CuOPostal FL 33446-4005 FL 33166 Delray Beach Miami Miami FL 33166 84 Business Park Dr Ste 208 Armonk NY 10504 FL 34945 FL 33140 Fort Pierce Miami Beach Atlanta GA 30329 3507 Kyoto Gardens DR Suite# 110 Palm Beach Gardens FL 33410 Page 159 of 209 ITEM NO. (ID # 2023-61710) DATE: 8/17/2023 AGENDA REQUEST TO: Planning and Zoning Commission PRESENTED BY: Irene Szedlmayer, Senior Planner SUBMITTED BY: Planning & Development Services SUBJECT: Public Hearing on the Proposed Amendment of the St. Lucie County Land Development Code, Section 7.10.12., Scrap, Waste and Recycling Operations, and Section 2.00.00, Definitions. BACKGROUND: The Applicant, Mike’s Organic Topsoil, owns +/- 101.6 acres in rural, south St. Lucie County in the AG-5 (Agricultural-5) Zoning District and the AG-5 Future Land Use designation. The Applicant purchased the land with the intention and for the purpose of operating a vegetative debris recycling facility and turning this waste material into topsoil and mulch. Previously, Mike’s Organic Topsoil operated on a parcel in the City of Port St. Lucie. While proposed by a specific landowner, the proposed amendments to the Land Development Code will apply county-wide. The proposed amendment will also allow land clearing and yard trash recycling operations, subject to approval of a Conditional Use Permit (CUP), in the AG-5 (Agricultural -5) and the PNRD (Planned Non- Residential Development) Zoning Districts, subject to supplemental standards. PREVIOUS ACTION: Ordinance 99-003, adopted in August 1999, established supplemental standards for scrap, waste, and recycling operations in the IH (Industrial, Heavy) and U (Utility) Zoning Districts. Ordinance 2021-012, adopted in April of 2021, required such sites and their drainage to be designed to prevent stormwater run-off from entering the processing and storage areas, required the vegetative yard waste to be removed from the site within 6 months, required vegetative yard trash recycling operations to submit to an annual inspection by St. Lucie County Code Compliance, and authorized the Board of County Commissioners to approve alternative road surfaces outside the Urban Services Boundary. FINANCIAL IMPACT: None. RECOMMENDATION: Staff recommends that the Planning and Zoning Commission forward a recommendation of approval to the Board of County Commissioners. COMMISSION ACTION: Page 160 of 209 RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: August 11, 2023 Benjamin Balcer, Planning & Development Services Director Date: August 11, 2023 Katherine Barbieri, Assistant County Attorney III Date: August 11, 2023 Mayte Santamaria, Deputy County Administrator Page 161 of 209 Planning and Development Services Department Planning Division M E M O R A N D U M APPLICANT AND FILE INFORMATION Applicant:Mike’s Organic Topsoil c/o Michael Marberger 988 NW Demedici Road Port St. Lucie, FL 34986 Applicant’s Agent:Anthony Bordinger 988 NW Demedici Road Port St. Lucie, FL 34986 Project Name:Marburger Farms Land Development Code Text Amendment File Number:TLDC-2301-000020 APPLICANT’S REQUEST The Applicant owns +/- 101.6 acres in rural south St. Lucie County in the AG-5 (Agricultural-5) Zoning District and the AG-5, Agricultural-5 Future Land Use designation. He purchased the land with the intention of operating a vegetative debris recycling facility and turning this waste material into topsoil and mulch. Previously, Mike’s Organic Topsoil operated on a parcel in the City of Port St. Lucie, east of Rangeline Road. A pre-application meeting with the County’s Development Review Committee in August 2022 identified numerous obstacles to the proposed operation on the subject property, including the following: TO:St. Lucie County Planning and Zoning Commission THROUGH:Benjamin Balcer, AICP, Planning & Development Services Director Kori Benton, AICP, Planning Manager FROM:Irene A. Szedlmayer, AICP, Senior Planner DATE:August 7, 2023 SUBJECT:Proposed Amendment of the St. Lucie County Land Development Code, Section 7.10.12., Scrap, Waste and Recycling Operations, and Section 2.00.00, Definitions. Page 162 of 209 Project Name: LDC Amendment File No.: TLDC-2301-000020 2 a. The proposed use is not a permitted or conditional use in the AG-5 Zoning District. The recycling of yard trash or vegetative debris is currently allowed only in the Industrial and Utilities Zoning Districts after approval of a conditional use permit. b. The property has no road frontage and because it is not a non-conforming lot of record, it does not qualify for the exemption to road frontage provided by the Land Development Code so long as lawful access is demonstrated to the County Attorney’s satisfaction. The proposed amendments to Land Development Code (LDC), Section 7.10.12. Scrap, Waste and Recycling Operations, provide a path forward that may allow Mike’s Organic Topsoil to become a lawful use. An application to re-zone the property and an application for a Conditional Use Permit would be required under the existing rules and the proposed rules governing the recycling of yard trash. A Major Site Plan is required to support the application for a Conditional Use Permit. However, the proposed amendments to the Land Development Code are not specific to the Marburger Ranch property. The code as currently in effect and as proposed to be amended will be applicable county-wide. There are other vegetative debris recycling operations in the County now. Some may operate on under ten acres, with the most recent Conditional Use Permit authorized for a five-acre facility. Further refinement to the proposed code may be needed to give these operations a path to continued conformity with zoning and other environmental, public safety, roadway access, and buffering requirements. Staff recommended a ten-acre minimum under the general belief that smaller lots pose a higher risk of negative effects on neighboring properties, particularly with expanded eligibility to the AG-5 Zoning District. Additionally, on smaller parcels it may be difficult to accommodate employee parking, truck traffic, required landscape buffering, perimeter access aisle, office, restrooms, and storm water detention on smaller lots in addition to the land needed to mulch and stockpile. PROCEDURE Amendments to the Land Development Code require three public hearings; one before the Planning and Zoning Commission and two before the Board of County Commissioners, as required by LDC Section 11.00.03.B.3. BACKGROUND The St. Lucie County Land Development Code was adopted in August 1990. Ord. 99- 003 was adopted in August 1999 to establish supplemental standards for scrap, waste, and recycling operations in the IH (Industrial, Heavy) and U (Utility) Zoning Districts. Section 7.10.12, Supplemental Standards for Scrap, Waste and Recycling Operations, was amended in April 2021 regarding the recycling of vegetative yard trash. The amendments required the site to be designed to prevent stormwater run-off from entering the processing and storage areas, authorized the Board of County Commissioners to approve alternative road surfaces outside the Urban Services Page 163 of 209 Project Name: LDC Amendment File No.: TLDC-2301-000020 3 Boundary, require the vegetative yard trash to be removed from the site within 6 months, and require vegetative yard trash recycling operations to submit to an annual inspection by St. Lucie County Code Compliance to ensure compliance with the Conditional Use Permit. THE PROPOSED AMENDMENTS – LDC Section 2.00.00 An amendment is recommended in definitions to re-name the term “yard trash” to “vegetative debris,” as follows: “Yard Trash (also known as Vegetative Debris): Means vVegetative matter resulting from landscaping maintenance and land clearing operations and includes materials such as tree and shrub trimmings, grass clippings, palm fronds, trees and tree stumps, and associated rocks and soils. For purposes of Section 7.10.34 only. Yard trash also includes clean wood.” THE PROPOSED AMENDMENTS – LDC Section 7.10.12 LDC Section 7.10., Supplemental Standards, provides detailed substantive and procedural requirements for particular identified uses. The Applicant proposed a new sub-section D to apply to “land clearing and yard trash operations that are engaged in recycling and processing of land clearing and yard trash for the purpose of soil cultivation.” The text proposed by the applicant is included as Exhibit C. Staff concluded the nature of the operations to convert vegetative debris into topsoil is not sufficiently different that the operations involved in mulching and chipping and therefore amended sub-section C rather than create a new sub-section D. The proposed amendments to LDC Section 7.10.12. are set-forth in full in Exhibit B to this Staff Report. Deletions are shown in strike-through and additions are underlined. The extent of the struck-through and underlined text may make it appear as if the whole code has been re-written, though it has not been. Most of the proposed changes reduce repetition, improve clarity, and organize the code to be more accessible. The proposed substantive changes will be highlighted in this staff report. 1. Zoning Districts Currently, land clearing and yard trash recycling operations may be approved as a Conditional Use in the IH (Industrial Heavy) and U (Utility) Zoning Districts, pursuant to LDC Section 7.10.12.C. The proposed amendment will also allow land clearing and yard trash recycling operations, subject to approval of a Conditional Use Permit (CUP), in the AG-5 (Agricultural -5) and the PNRD (Planned Non-Residential Development) Zoning Districts. Page 164 of 209 Project Name: LDC Amendment File No.: TLDC-2301-000020 4 2. Minimum and Maximum Land Area Currently the LDC Section 7.10.12.C.2. provides that “the total site area devoted to the recycling, processing and storage of” vegetative debris recycling operations must be at least five acres but no more than 15 acres. The proposed amendment requires the site area for a recycling operation to be at least 10 acres but no larger than 50 acres. The amendment retains the provision that the stockpiles shall not exceed 60 percent of the total site area. 3. Building Cover, Impervious Cover and Open Space The proposed LDC Section 7.10.12.C.3. provides that when a vegetative debris recycling operation is located in the IH, U or AG-5 Zoning Districts, the maximum building cover shall be determined by LDC Table 7-10. Therefore, the maximum building cover for vegetative debris recycling operations in the IH, U or AG-5 Zoning Districts shall be 50%, 30% and 10%, respectively. In the PNRD Zoning District, maximum building coverage will be 10% of total site area, pursuant to modification of LDC Section 7.10.12.C.3. The proposed amendment establishes that no less than twenty percent (20%) of the total site shall be maintained as landscape screening, landscape buffers or other open space. Establishing a minimum amount of open space for vegetative debris recycling operations is a new requirement, independent of the PNRD District’s minimum standards. 4. Screening and Buffering The amendment expressly confirms that compliance with LDC Section 7.09.00, Landscaping and Screening, is required and that the landscaping provisions in Section 7.10.12.C.4. are in addition to other applicable landscaping requirements. No substantive changes are proposed to the requirement that the area for receiving, recycling, processing, composting, storing, or distributing of vegetative debris must be surrounded by a fence, wall or opaque vegetative screening that is not less than eight feet in height. If vegetative screening is utilized, it must be a greenbelt strip at least 20 feet in width along adjoining lot lines and fifteen feet in width adjoining any public right-of-way. The greenbelt shall be composed of at least one row of deciduous or evergreen trees and one or two rows of shrubs. 5. Dimensions of stockpiles, separation areas and fire lanes A reduction in the maximum permitted size of the stockpiles and an increase in the minimum size of fire lanes are proposed. Currently, LDC Section 7.10.12.C. allows Page 165 of 209 Project Name: LDC Amendment File No.: TLDC-2301-000020 5 stockpiles to measure 500 feet in length, 100 feet in width, and 30 feet in height. The fire lanes between stockpiles must be 20 feet or one-and-a-half times the height of the pile. Proposed LDC Section 7.10.12.C.5. limits stockpiles to 200 feet in length, 100 feet in width, and 15 feet in height, and mandates 30-ft. wide fire access lanes. The required 20-ft. wide fire access lane around the perimeter of the site would remain. These adjustments in the maximum size of stockpiles and minimum width of fire lanes are recommended based on consultation with the St. Lucie County (SLC) Fire District Community Risk Reduction Division and SLC Fire District Resolution 740-23. SLC Fire District Resolution 740-23 was adopted in January 2023 and provides as follows: “Any outside storage of wood chips and hogged material and/or storage and processing of wood chips, hogged material, fines, compost, and raw products at yard waste recycling facilities as defined in NFPA 1 Chapter 31.3.6 and 31.3.7 of the Florida Fire Prevention Code, shall meet the following more stringent guidelines. Piles shall not exceed 15 ft in height, 100 ft in width, and 200 ft in length. Access roads shall be kept at a minimum of 30 ft between the piles. Perimeter roadways shall be at a minimum of 20 ft. Fire department access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with an all-weather driving surface.” 6. Fire Protection and Fire Suppression The maximum stockpile sizes and minimum access aisle width proposed in LDC Sec. 7.10.12.5. are crucial to fire protection and suppression. Water supply is also critical. The current text at LDC Sec.7.10.12.C.4. provides as follows: “All stockpiles shall be surrounded with a network of fully operating fire hydrants spaced at intervals of no more than two hundred fifty (250) feet. No portion of the stockpile yard shall be less than two hundred (200) feet from any fire hydrant. Each fire hydrant shall provide for a minimum fire flow of seven hundred fifty (750) gallons per minute, unless otherwise provided for by the St. Lucie County Fire District.” The proposed text distinguishes between sites within the USB and those outside the USB. The code retains the authority of the Fire District to approve hydrants that are capable of producing less than 750 gallons per minute (gpm). For sites outside the USB, the text recognizes possible alternative water supplies for fire suppression, such as on-site water trucks, gravity tanks, dry hydrants, and canal pumps, subject to the review and approval of the SLC Fire District. The hydrant requirements may be an issue worth examining further, broadly in policy, as is the practice during conditional use permit review. The 250-ft maximum Page 166 of 209 Project Name: LDC Amendment File No.: TLDC-2301-000020 6 spacing is tighter than required for residential or commercial uses, but mulch piles may pose a higher risk warranting closer spacing. Ultimately, the code defers to the expertise of the SLC Fire District. The site design and construction must satisfy the SLC Fire District and the SLC County Public Works Department that road access meets applicable standards and adequate water is available to suppress any fire that starts. As is required now, Sec. 7.10.12.C.6.c. requires an applicant for a CUP to recycle vegetative debris, to adopt a Fire Prevention Plan that has been approved by the SLC Fire District. The Fire Prevention Plan will be a key part of the CUP application. The next paragraph provides for the operator to schedule an inspection by the SLC Fire District. 7. Setbacks No change is proposed to the minimum property line setbacks –100 feet from a tree or brush line and 50 feet from any street right-of-way. 8. Surface of storage areas and access lanes Access lanes are a fundamental standard. Vegetative recycling operations may be proposed a distance from a public road. The recommended LDC 7.10.12.C.8. does not create new substantive standards. The proposed text makes stylistic changes and adds a reference to the length and weight of fire trucks which is already a requirement through fire codes. “The access aisles and fire lanes between the stockpiles must be constructed of either a concrete surface, asphalt surface, or other paved surface that is acceptable to the County. Alternative surfaces may be considered outside the Urban Service Boundary as approved by the Board of County Commissioners through the conditional use permit. These surface materials may include, but are not limited to, asphalt millings, coquina rock, shell rock, and engineered surface products suitable for the expected vehicle loads and frequency of use. The access aisles and fire lanes shall be designed and maintained to support the imposed loads of fire apparatus.” The basic standard is that access aisles shall be paved—in concrete, asphalt or other paved surface accepted by the County. Outside the USB, the Board of County Commissioners may require the same concrete, asphalt or other paved surface, or it can authorize an alternative to a paved surface. The St. Lucie County Board of County Commissioners is authorized to approve a road- paving waiver, pursuant to LDC Section 7.05.07.B.2. That ability to request a road- paving waiver is available to vegetative debris recycling operators. Opening the AG-5 Page 167 of 209 Project Name: LDC Amendment File No.: TLDC-2301-000020 7 Zoning District and the PNRD Zoning District to vegetative debris recycling operations may trigger an increase in the number of road paving waivers the Board will receive, and eligibility through the PNRD Zoning District provides for alternative proposals for project “frontage”. 10. Other Standards and Requirements (Proposed LDC Sec. 7.10.12.C.10. a. The proposed text reiterates that the Stormwater Management code applies to these facilities. b. A requirement is added that adequate operational equipment must be maintained on site. c. Basic standards are established for any fuel storage tanks kept on site. The code incorporates by reference all local, state, and federal law intended to prevent leaks, fire, or harm to the environment. It requires tanks to be stored on a concrete surface and at least 100 feet from any stockpile. d. Restroom facilities must be provided on-site for employees and employee parking must be paved. 11. Deliveries to the Site and Wholesale or Retail Sale on Site The proposed code, LDC Sec. 7.10.12.C.11. requires detailed, site-specific operational analysis from the Operator, that is the applicant for a CUP, to describe deliveries of raw material to the site and getting finish product into the marketplace. The days and hours of operation are also identified as relevant to the CUP process. 12. Application and compliance Most of the small changes text changes presented in LDC Section 7.10.12.C.12. are stylistic. Because the minimum and maximum size of a recycling operation the table that identifies the required security for different sized operations must be adjusted. A new financial security amount is proposed for those operations between 50 and 100 acres. Table 7.10.12.1 Storage Yard Size Required Security 5 to 7.5 acres Up to 15.0 acres $ 50,000 7.5 to 12.5 acres 15.01 to 25.0 acres $100,000 12.5 to 15 acres 25.1 to 50.0 acres $150,000 Page 168 of 209 Project Name: LDC Amendment File No.: TLDC-2301-000020 8 SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE STANDARD OF REVIEW FOR PROPOSED TEXT AMENDMENTS TO THE LDC Pursuant to St. Lucie County Land Development Code, Section 11.06.03, the Development Review Committee has reviewed the proposed Text Amendment to Land Development Code, Section 7.10.12. and found it to meet the technical requirements and standards of review. In reviewing this application for a text amendment to the Land Development Code, the Planning and Zoning Commission shall consider and make the following determinations: A. Whether the proposed amendment is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed amendments seek to change portions of the St. Lucie County Land Development Code. The substantive changes proposed are modest. They recognize composting of vegetative debris into topsoil can be permitted under LDC Sec. 7.10.12.C. and re-confirms this use is distinguishable from commercial composting operations, defined in Section 2.00.00 and governed by Section 7.10.24. The proposed amendment expands, from two to four, the number of zoning districts where recycling of vegetative debris can be permitted through a Conditional Use Permit. Other LDCs remain in effect for vegetative debris recycling operations in addition to the Supplemental Standards provided in LDC Section 7.10.12.C. As provided by Comprehensive Plan Policy 1.1.6.7 – “No non-agricultural development shall be permitted outside of the Urban Service Area that does not address all of its community infrastructure impacts, both on-site and off-site. All development outside the Urban Service Area shall pay the entire cost of its fiscal impacts on public facilities and services.” The Site Plan and Conditional Use Permit Standards of Review examine the “Adequacy of Public Facilities”. Applicability of impact fees to vegetative debris recycling operations will be an issue evaluated further. Because impact fees are assessed based on the square footage of the buildings constructed, vegetative recycling facilities an alternative assessment, as provided under the Impact Fee Ordinance, is appropriate to ensure these facilities pay their fair share of roadway or drainage impact fees. B. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The recycling of vegetative debris is consistent with Comprehensive Plan Goal 4B.1. and Policy 4B.1.1.4. Goal 4B.1 is to “Provide the most cost-effective solid waste management, transportation and disposal facilities for St. Lucie County.” Comp. Plan Policy 4B.1.1.4. recognizes that diverting material from the landfill can extend the life span of the land fill--“Continue to implement the most cost effective alternative solid waste Page 169 of 209 Project Name: LDC Amendment File No.: TLDC-2301-000020 9 management practices that would extend the useful life of the landfill. These alternatives include, but are not limited to: resource recovery, volume reductions by solid waste generators, separation of solid wastes at the source, public information programs, and operational changes which could improve efficiency.” The Comprehensive Plan contains several policies that seek to promote agriculture as the primary land use outside of the Urban Services Boundary. The proposed use of land with the AG-5 future land use designation for the recycling of vegetative debris is not materially inconsistent with those objectives and policies. C. Whether and the extent to which the proposed amendment is inconsistent with the existing and proposed land uses; The landscape buffering required around the perimeter of any vegetative debris recycling operation is important to protect nearby properties from possible dust or unattractive land uses. That is true for operations in the IH and U Zoning Districts and is equally applicable for operations in the PNRD or AG-5 zoning districts. D. Whether there have been changed conditions that require an amendment; Other than the identification of two zoning districts—PNRD and AG-5—where vegetative debris recycling will be allowed to take place, pursuant to the conditional use permit, the other substantive changes relate to the size of the stockpiles and width of fire lanes. The proposed changes to the maximum size of stockpiles and minimum width of fire lanes will keep the County Code consistent with the standards to be applied by the SLC Fire District to these operations, which were adopted by the SLC Fire District in January 2023. The amendment of the existing code is proposed by a vegetative debris recycling operation that purchased land that was not zoned for such use and which has no road frontage. The expanded Zoning District eligibility may allow for newly proposed facilities, via a conditional use, in proximity to new development centers in the County as our community experiences growth. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The lush climate in the Treasure Coast region generates massive amounts of vegetative debris—palm fronds, tree limbs and branches, shrub and grass clippings, etc. Additionally, the development volume in St. Lucie County and adjacent is generating large amounts of vegetative debris. It is expensive to collect and discard this material. Using this cast-off material to create wood chips, mulch and/or topsoil transforms yard waste into a useful product and prolongs the lifespan of the landfill. Page 170 of 209 Project Name: LDC Amendment File No.: TLDC-2301-000020 10 Making it possible to operate a vegetative debris recycling facility in two additional zoning districts may help divert more vegetative debris from the solid waste stream. On the other hand, the recycling of vegetative debris generates substantial truck traffic. Approval through re-zoning to PNRD and an accompanying Preliminary Development Plan potentially opens up land for this type of operation some distance from public roads. The CUP review will be relied upon to ensure road access is sufficient and does not cause excessive negative effects on nearby property owners or land uses. Vegetative debris recycling operations should have minimal impacts on other public facilities—schools, parks, drainage, water and wastewater capacity, and emergency medical facilities. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; No amendments to environmental standards are being proposed. Permitting vegetative debris recycling operations in the PNRD and the AG-5 zoning districts should not result in adverse impacts on the natural environment. G. Whether and the extent to which the proposed amendment would adversely affect the property values in the area; The use seems more intensive than a typical agricultural use in that it will likely operate year-round, the land will not be covered by growing vegetation, and the number of trucks trips will likely be greater than other agricultural uses. The use may be expected to generate more noise and be less visually attractive than a typical agricultural operation. The proposed increase in the minimum land area required to recycle vegetative debris from five acres to ten acres is intended to help protect adjoining nearby landowners. Additionally, no change is proposed to the required 20-foot-deep landscaping buffer along any adjoining property line and 15-foot-deep landscaping buffer along any street right of way, as well as a wall, fence or opaque vegetative screen around the site. Additionally, the conditional use permit application process will be relied upon to protect nearby properties. H. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative effects of such patterns; Allowing vegetative debris recycling facilities in the AG-5 and PNRD Zoning Districts as a conditional use is consistent with orderly and logical land development pattern. The required minimum parcel size is intended minimize adverse impacts on neighboring properties. The recycling of vegetative debris requires few structures or other permanent improvements. Therefore, conversion to another land use in the future remains possible if desired given market conditions and the owner’s interests. Page 171 of 209 Project Name: LDC Amendment File No.: TLDC-2301-000020 11 Again, the minimum landscape screening requirements and the conditional use permit application process is relied upon to help maintain an orderly and logical land development pattern. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this code; As previously indicated, our lush sub-tropical climate results in a tremendous amount of vegetative debris. Land clearing and tree removal also correlate with development. It is consistent with the public interest and the intent of the LDC to provide locations where it is possible to recycle the material into a useful product, , with up-to-date operational standards. J. Any other matters that may be deemed appropriate by the Planning and Zoning Commission or the Board of County Commissioners, in review and consideration of the proposed amendment. The Planning and Zoning Commission and the Board of County Commissioners may raise other matters regarding the proposed amendment to the text of the Land Development Code. ANALYSIS OF THE AMENDMENT: The Applicant proposed creating a new sub-section within LDC Section 7.10.12. to provide for the composting of vegetative debris into topsoil. Staff concluded that the processes involved in the creation of topsoil compared to simply wood chips or mulch did not warrant a different section. Most of the provisions would be repeated for either type of activity. Therefore, the recommended amendments include conversion of vegetative debris (also known as yard waste or yard trash) into topsoil is not treated differently than chipping or mulching of vegetative debris. COMPREHENSIVE PLAN GOALS, OBJECTIVES AND POLICIES SUPPORTED BY THE PROPOSED AMENDMENT The Development Review Committee (DRC) has reviewed this petition and determined it complies with the following Goals, Objectives, and Policies of the St. Lucie County Comprehensive Plan. Policy 1.1.3.1 - “Require that new developments within the AG-5 and AG-2.5 future land use categories not exceed the gross densities provided in Policy 1.1.1.1, to maintain a distinct and sustainable urban – rural interface.” Requiring a conditional use permit for vegetative debris recycling facilities within the AG-5 acres helps ensure consistency with Policy 1.1.3.5. which provides as follows: Page 172 of 209 Project Name: LDC Amendment File No.: TLDC-2301-000020 12 “The County shall maintain a site assessment process to evaluate the potential conversion of existing or designated agricultural land uses to non- agricultural land uses in a rational and orderly manner. The site assessment process for a conversion shall require as a condition to such conversion that the Board of County Commissioners affirmatively find that the proposed non-agricultural use: a. is compatible with adjacent land uses; b. maintains the viability of continued agricultural uses on adjacent lands; c. contains soils suitable for urban use as defined by the St. Lucie County soil survey; d. is suitable with existing site-specific land characteristics; e. is consistent with comprehensive development plans; f. will have available the necessary infrastructure concurrent with the anticipated demands for development; g. will avoid the extension of the urban services boundary to create any enclaves, pockets, or finger areas; and, h. Could not be feasibly located on non-agricultural land.” PUBLIC NOTICE Notice of this Public Hearing was published in the newspaper on Monday, August 7, 2023. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission review the staff report, receive the presentations by Staff and the Applicant, ask questions, and make a recommendation to the Board of County Commissioners to approve the proposed amendments to LDC Section 2.00.00 and Section 7.10.12.C. Page 173 of 209 Ordinance No. 2023-___ Page 1 . ORDINANCE No. 2023- FILE NO.: TLDC 1202226267-26267 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE, SECTION 7.10.12., SCRAP, WASTE AND RECYCLING OPERATIONS, AND SECTION 2.00.00, DEFINITIONS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Legislature of the State of Florida has, in Chapter 125 – County Government, Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida Statutes, St. Lucie County possesses the police powers to enact ordinances in order to protect the health, safety, and welfare of the County’s citizens; and WHEREAS, on August 1, 1990, the Board of County Commissioners adopted the St. Lucie County Land Development Code; and WHEREAS, the Board of County Commissioners is authorized by Section 125.01(1)(h), Florida Statutes, to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the Board of County Commissioners is authorized by Section 125.01(1)(t), Florida Statues, to adopt ordinances and resolutions necessary for the exercise of its powers and to prescribe fines and penalties for the violations of ordinances in accordance with law; and WHEREAS, on August 17, 2023, the Planning and Zoning Commission held a public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune on August 7, 2023. The Planning and Zoning Commission recommended to the Board to ____________of the proposed text amendment to the St. Lucie County Land Development Code; and WHEREAS, on_________________, the Board of County Commissioners held its first public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune on________________; and WHEREAS, on_________________, the Board of County Commissioners held its second Public Hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune on________________; and Page 174 of 209 Ordinance No. 2023-___ Page 2 . WHEREAS, the Board has determined that the proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives, and standards of the County’s Comprehensive Plan, and are in the best interest of the health, safety, and public welfare of the citizens of the County. NOW, THEREFORE, BE IT ORDAINED by the St. Lucie County Board of County Commissioners that the St. Lucie County Land Development is amended as set forth in the following amendments, as shown in strikethrough and underline format in Section 2. A. ADOPTION OF THE AMENDMENT The Board of County Commissioners does hereby adopt the amendment to the St. Lucie County Land Development Code , attached herein as Exhibit A. B. CHANGES TO THE LAND DEVELOPMENT CODE The Board of County Commissioners does hereby state its intention to amend Section 2.00.00, Definitions, and Section 7.10.12, Scrap, Waste and Recycling Operations. C. CONFLICTING PROVISIONS Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with the Ordinance are hereby superseded by this Ordinance to the extent of such conflict. D. SEVERABILITY If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance or any provisions thereof shall be held to be inapplicable for any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstances. E. APPLICABILITY OF ORDINANCE This Ordinance shall be applicable as stated in Paragraph A and B. F. FILING WITH THE DEPARTMENT OF STATE The Clerk is hereby directed forthwith to send a certified copy of the Ordinance to Page 175 of 209 Ordinance No. 2023-___ Page 3 . the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. G. EFFECTIVE DATE This Ordinance shall take effect thirty-one (31) days after the adoption. If the Ordinance is challenged within thirty (30) days after adoption, the Ordinance shall not be effective until the State Land Planning Agency or Administration Commission respectively issues a final order finding the adopted amendment in compliance in accordance with Section 163.3184(10), Florida Statutes. H. CODIFICATION This Ordinance, upon its effective date, shall be codified by incorporating any contained changes into the St. Lucie County Comprehensive Plan. J. ADOPTION. After motion and second, the vote on this ordinance was as follows: Cathy Townsend, Chair XXX Linda Bartz, Vice-Chair XXX Chris Dzadovsky, Commissioner XXX Jamie Fowler, Commissioner XXX Larry Leet, Commissioner XXX PASSED AND DULY ENACTED this _____ day of ______, 2023. Attest: Board of County Commissioners St. Lucie County, Florida __________________________ By:__________________________ Deputy Clerk Chair Approved as to Form and Correctness: By: ____________________________ County Attorney Page 176 of 209 Created: 2023-03-29 10:15:21 [EST] (Supp. No. 24) Page 1 of 8 Proposed changes are shown below, with new text in blue and underlined and text proposed for deletion is struck-through. CHAPTER II - DEFINITIONS 2.00.00. - DEFINITIONS Unless otherwise expressly stated, the following words and terms shall, for the purposes of this ordinance, have the meanings shown in this section. Where terms are not defined in this ordinance and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code. Where terms are not defined in this ordinance or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies: * * * * * * * * “Yard Trash (also known as Vegetative Debris): Means vVegetative matter resulting from landscaping maintenance and land clearing operations and includes materials such as tree and shrub trimmings, grass clippings, palm fronds, trees and tree stumps, and associated rocks and soils. For purposes of Section 7.10.34 only., Yyard trash also includes clean wood.” * * * * * * * * CHATER VII – DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.10.00 – SUPPLEMENTAL STANDARDS * * * * * * * * 7.10.12. Scrap, Waste and Recycling Operations. A. In the IL (Industrial Light) zoning district, scrap and waste material collection operations may be permitted as a conditional use subject to the following criteria: . . . B. In the IH (Industrial Heavy) zoning district, scrap and waste material operations may be permitted as a conditional use subject to the following criteria: . . . C. In the IH (Industrial Heavy), or U (Utility), AG-5 (Agricultural – 5), and PNRD (Planned Non-Residential Development) Zzoning Ddistricts, the recycling and processing of vegetative debris ,land clearing and yard trash recycling operations, that are engaged in the recycling and processing of land clearing Page 177 of 209 Created: 2023-03-29 10:15:21 [EST] (Supp. No. 24) Page 2 of 8 and yard trash only may be permitted as a conditional use subject to the following criteria: 1. Business operations authorized under this Section shall be limited to the recycling, processing, composting, and short-term storage of yard trash only vegetative debris. and shall not be permitted to recycle, process or store for any period of time The receipt, collection, recycling, processing or storage of construction or demolition debris is not permitted, except for that subset of construction or demolition debris that constitutes vegetative debris. may otherwise be defined as land clearing debris or yard trash. These eligible operations are distinguished from Commercial Composting Facilities pursuant to LDC Section 7.10.34. 2. Site Area. a. The total site area devoted to a vegetative debris recycling operation the recycling, processing and storage of land clearing and yard trash debris shall be at least five (5) ten (10) acres, but no more than fifteen (15) fifty (50) acres. b. Debris stockpiles including composting of vegetative debris but excluding the emergency stockpile area and excluding access aisles and fire lanes, shall not exceed sixty percent (60%) of the total site area. 3. Building Cover, Impervious Cover and Open Space. a. When a vegetative debris recycling operation is in the IH (Industrial, Heavy), U (Utility) or AG-5 (Agricultural-5) Zoning District, the maximum building cover shall be governed by the Zoning District, as provided in Table 7-10 of this Code. b. When a vegetative debris recycling operation is in the PNRD Zoning District, the maximum building cover shall be 10% of the total site area. c. In all zoning districts, no less than twenty percent (20%) of the total site area shall be maintained as landscape screening, landscape buffers or other open space. 4. Screening and Buffering. a. In addition to compliance with LDC Section 7.09.00.—Landscaping and Screening, these supplemental landscaping standards apply to this particular use. b. The recycling yard, including all product receiving areas area for receiving, recycling, processing, composting, storing, or distributing of vegetative debris shall be surrounded by a fence, wall, or opaque vegetative screening no less than eight (8) feet in height. Such fence or wall shall be of similar composition, construction, and color throughout and shall be constructed Page 178 of 209 Created: 2023-03-29 10:15:21 [EST] (Supp. No. 24) Page 3 of 8 without openings except for one (1) entrance and one (1) exit; the entrance and exit shall be equipped with unpierced gates. Such gates shall be closed and securely locked at all times, except during business hours. c. If vegetative screening is to be substituted for a fence or wall, plans for such vegetative screening shall be submitted with the application for conditional use approval. Such vegetative screening shall consist of a greenbelt strip at least twenty (20) feet in width adjoining all adjacent lot lines, and a greenbelt strip at least fifteen (15) feet in width adjoining any street line. The greenbelt shall be composed of at least one (1) row of deciduous or evergreen trees and one (1) or two (2) rows of shrubs. d. Maintenance of the fence, wall, or opaque vegetative screening shall be the responsibility of the property owner consistent with the other provisions of this Code. 5. Dimensions of stockpiles, separation areas, and fire lanes. a. No individual stockpile of vegetative debris in any stage of processing including final product shall exceed two hundred (200) feet in length, one hundred (100) feet in width, or fifteen (15) feet in height. The maximum length of an individual debris storage stockpile shall not exceed five hundred (500) feet. The maximum width of an individual debris storage stockpile shall not exceed one hundred (100) feet. The maximum height of any one (1) storage pile shall not exceed thirty (30) feet. b. 4. All sides of each Individual debris storage (stockpile) shall be accessible by means of fire lanes. The width of fire lanes between stockpiles shall be a minimum of one and one-half (1½) times the height of the pile but in no case twenty (20) less than thirty (30) feet in width. A minimum one hundred-foot wide clear space shall be provided between every two (2) debris storage piles and there shall be a one hundred-foot wide fire lane at the end of each storage or stockpile, regardless of overall length. c. A fire access lane no less than twenty (20) feet in width shall be located around the perimeter of the area used for receiving, storing, processing, composting, or shipping of vegetative debris. Figure 7-29 depicts the general layout of the debris storage stockpile areas. [Figure 7-29 will require revision if amendments are adopted]. 6. Fire Protection and Fire Suppression a. Within the Urban Services Boundary, all stockpiles shall be surrounded with a network of fully operating fire hydrants spaced at intervals of no more than two hundred fifty (250) feet. No portion of the stockpile yard shall be more less than two hundred (200) feet from any fire hydrant. Each Page 179 of 209 Created: 2023-03-29 10:15:21 [EST] (Supp. No. 24) Page 4 of 8 fire hydrant shall provide for a minimum fire flow of seven hundred fifty (750) gallons per minute, unless otherwise provided for by the St. Lucie County Fire District. [Figure 7-29 will require revision if the amendments are adopted.] b. Outside of the Urban Services Boundary, if approved by the St. Lucie County (SLC) Fire District, alternative means of, and standards for, fire suppression may be utilized in place of that set-forth in the previous paragraph for facilities within the Urban Services Boundary. Such alternative means of fire suppression, subject to the review and approval of the SLC Fire District, may include on-site water trucks, gravity tanks, dry hydrants, and canal pumps. c. Each vegetative debris recycling, processing and/or composting operation shall include as part of its application for a conditional use permit a copy of its Fire Prevention Plan that has been approved by the SLC Fire District, Community Rick Reduction Division. This Fire Prevention Plan shall, at a minimum, address all requirements and recommendations of the currently adopted Florida Fire Prevention Code (FPPC) and any applicable standard established by a Local Resolution amending the FFPC. If this section requires a more stringent standard, the Fire Prevention Plan shall address it. d. Each vegetative debris recycling, processing, and/or composting operation shall be responsible for scheduling an annual fire prevention inspection to be conducted by the SLC Fire District, Fire Prevention Bureau. Such Page 180 of 209 Created: 2023-03-29 10:15:21 [EST] (Supp. No. 24) Page 5 of 8 operation shall also be subject to unscheduled inspections by the SLC Fire District, Fire Prevention Bureau, at the discretion of the District and according to its inspection protocols. e. An area equal to fifteen percent (15%) of the total area occupied by the debris storage areas (stockpiles) receipt, processing, composting, packing, loading, or shipping of vegetative debris shall be reserved for the emergency relocation of the stored materials should it be necessary for fire- fighting purposes. This emergency storage area shall not include any of area within the required minimum setbacks or separation corridors for the debris storage piles (stockpiles). This emergency storage area shall be adequately served with access to fire suppression resources, consistent with this code. 7. Setbacks. Individual stockpiles of vegetative debris in any stage of processing shall be located at least one hundred (100) feet from any brush or tree line and shall be no closer than fifty (50) feet to any property line or street right- of-way line. 8. Surface of storage areas and access lanes a. The base area on which the stockpiles are located must be constructed of either a concrete surface, asphalt surface, or other clean stabilized surface that is acceptable to the County. b. The access aisles and fire lanes between the stockpiles must be constructed of either a concrete surface, asphalt surface, or other paved surface that is acceptable to the County. Alternative surfaces may be considered outside the Urban Service Boundary as approved by the Board of County Commissioners through the conditional use permit. These surface materials may include, but are not limited to, asphalt millings, coquina rock, shell rock, and engineered products suitable for the expected vehicle loads and frequency of use. The access aisles and fire lanes shall be designed and maintained to support at least the imposed loads of fire apparatus. 9. Processing and Storage Time a. All material received into the recycling yard shall be rotated through the recycling yard within twelve (12) months of its acceptance and deposition in the recycling yard. Vegetative yard trash or land clearing debris shall be removed within six (6) months or time needed to receive three thousand (3,000) tons or twelve thousand (12,000) cubic yards, whichever is greater. b. Processed vegetative debris being composted into top soil may remain on site for an additional period not to exceed twelve (12) months. Page 181 of 209 Created: 2023-03-29 10:15:21 [EST] (Supp. No. 24) Page 6 of 8 10. Other Standards and Requirements a. Section 7.07.00. – Stormwater Management—of this Code shall apply to vegetative debris recycling operations. Stormwater controls and specific site elements shall be designed to prevent run-off from entering the processing and storage areas. b. 10. All stockpiles shall be formed constructed and located so as to afford the opportunity to measure the internal temperatures of the vegetative debris stockpiles in order to monitor fire hazard. c. 11. All vehicles used on the stockpile shall be of a type that minimizes the compaction of the stockpile. d. Operational processing equipment necessary for a vegetative debris recycling and/or composting operation must be maintained on site, including but not limited to a shredder, chipper, grinder, trommel screens, and bulldozer. e. Fuel Tanks (1) The on-site storage of fuel must comply with all applicable local, state, and federal regulations, intended to prevent leaks, fire and/or harm to the environment. (2) All fuel tanks, regardless of size, shall be stored on a concrete surface and be located within a secondary containment structure designed to hold the maximum volume of the tank. (3) No fuel tank shall be located within one hundred (100) feet of any stockpile of yard waste, whether in receiving, processing, composting, or final product, unless another standard requires a greater distance. f. Restroom facilities shall be provided for on-site employees. A portable or mobile toilet does not constitute a restroom. g. Equipment may be stored or parked on gravel parking lots, but employee parking must be paved. 11. Deliveries to site and Wholesale or Retail Sales of Finished Product The Applicant for a conditional use permit to operate a vegetative debris recycling operation shall include a detailed description of the intended delivery of raw material to the site, specifically addressing whether deliveries to the site will be limited to employees of the operation or whether landscape operators, arborists or members of the public might deliver material. Similarly, the application for a conditional use permit shall address in detail the disposition of the finished product, including whether any retail or wholesale customers will visit the site or whether all finished products will be delivered to the wholesale or retail customers by the operator’s own Page 182 of 209 Created: 2023-03-29 10:15:21 [EST] (Supp. No. 24) Page 7 of 8 employees and vehicles. If on-site sales are anticipated, the days and hours of operation and all other information relevant to consideration of the potential impacts of such on-site sales shall be provided. 12. Application and Compliance a. Regardless of the size of any proposed building size, a complete site plan prepared in accordance with the provisions of Section 11.02.04., 11.02.07., and 11.02.09. (Major Site Plans) shall be required with the application for the conditional use permit. The application for a conditional use permit shall not be considered complete until all minimum site plan criteria have been determined to be met. b. Every vegetative debris land clearing and yard trash recycling operation, authorized under this section, shall establish a cash security fund, bond or provide the County with an irrevocable letter of credit. The amount of the security fund, bond, or letter of credit shall be based on the schedule below and shall secure the cost of removing of all accumulated yard trash vegetative debris from the site if it has been determined by the County Commission, following a duly noticed public hearing, that the land clearing and yard trash vegetative debris recycling operation has been abandoned or recycling operations have ceased for period in excess of six (6) months, or if the conditional use permit is revoked for any reason. The provisions of this paragraph shall not apply to any land clearing and yard trash vegetative debris recycling operation operated by any unit of local government within the County. Table 7.10.12.1 Storage Yard Size Required Security 5 to 7.5 Up to 10 acres $50,000 7.5 to 12.5 10.0 to 25 acres $100,000 12.5 to 15 25 to 50 acres $150,000 c. Any lawfully, existing vegetative debris recycling operation as of August 17, 1999, shall conform to the above-described standards no later than January 1, 2001. In the event that any existing operation fails to meet the requirements of this section, the County shall pursue all available remedies to compel compliance with the provisions of this section and any other applicable provision of this code. d. The Code Enforcement Board shall be the responsible enforcement board assuring compliance with the provisions of this section and related sections within this Code. If the Public Works Planning and Development Services Director, in consultation with the County Administrator, or his/her Page 183 of 209 Created: 2023-03-29 10:15:21 [EST] (Supp. No. 24) Page 8 of 8 designee, and the County Attorney, determines that the Code Enforcement Board process would be an inadequate response to a given violation(s), the County Attorney may institute appropriate proceedings in a court of competent jurisdiction for prosecution of the violation(s) as provided by law. e. The violation of any of the regulations, restrictions and limitations promulgated under the provisions of this section may be restrained by injunction, including a mandatory injunction and otherwise abated in any manner provided by law. f. Nothing contained in this provision shall prohibit the Board of County Commissioners from enforcing its codes by any other means. g. In the event that St. Lucie County is declared a federal disaster area following or as a result of either hurricane or freeze damage, the County Commission may suspend any or all of the standards above for the duration of the declared emergency in order to facilitate the removal of vegetative debris. h. If additional processing of vegetative yard trash or land clearing debris is proposed in addition to mulching, such activities may be subject to additional requirements imposed through the conditional use process to mitigate impacts. i. All land clearing and vegetative yard trash vegetative debris recycling operations shall submit to an annual site inspection to be conducted by St. Lucie County Code Compliance to ensure conformity with the conditional use permit. If evidence of unpermitted materials is found within the stockpiles other than vegetative waste and other specific additives approved through the site-specific Conditional Use Permit, the subject permit shall be scheduled for the next available Board of County Commissioners meeting for a Revocation Hearing subject to the requirements of LDC Section 11.07.05. (H). and the notice requirements of this Code. ( Ord. No. 2021-012 , Pt. A, 4-20-2021) Page 184 of 209 Exhibit C Applicant’s Proposed Amendments to LDC Section 7.10.12. 7.10.12. Scrap, Waste and Recycling Operations. A. In the IL (Industrial Light) zoning district, scrap and waste material collection operations may be permitted as a conditional use subject to the following criteria: 1. The collection operations shall be limited to the acceptance of glass, plastic, paper, cardboard, metal cans, and non-ferrous metals. 2. The property on which the collection activity is to take place shall be at least forty-three thousand five hundred sixty (43,560) square feet (1 acre) and no more than two hundred thousand (200,000) square feet (4.5 acres) in total area. 3. All activities, including storage of the collected materials shall be conducted within a completely enclosed structure. No outside storage of materials of any kind shall be permitted. 4. The property on which the collection activity is taking place shall be surrounded by a fence, wall, or vegetative screening eight (8) feet in height. Such fence or wall shall be of similar composition, construction, and color throughout and shall be constructed without openings except for one (1) entrance and one (1) exit; the entrance and exit shall be equipped with unpierced gates. Such gates shall be closed and securely locked at all times, except during business hours. If vegetative screening is to be substituted for a fence or wall, plans for such vegetative screening shall be submitted with the application for conditional use approval. Such vegetative screening shall consist of a greenbelt strip at least twenty (20) feet in width adjoining adjacent lot lines, and a greenbelt strip at least ten (10) feet in width adjoining street line. The greenbelt shall be composed of at least one (1) row of deciduous or evergreen trees and one (1) or two (2) rows of shrubs. 5. Regardless of building size, a complete site plan prepared in accordance with the provisions of Section 11.02.00 (Major Site Plan) shall be required with the application for conditional use. The application for conditional use shall not be considered complete until all minimum site plan criteria have been determined to be met. 6. The reprocessing of the collected materials into any other product, by-product or other use or form is prohibited, unless the reprocessing is allowed in conjunction with manufacturing of a new product or material as would otherwise be permitted in the IL (Industrial Light) district. B. In the IH (Industrial Heavy) zoning district, scrap and waste material operations may be permitted as a conditional use subject to the following criteria: 1. The yard shall be at least forty-three thousand five hundred sixty (43,560) square feet and no more than two hundred thousand (200,000) square feet in area. 2. No junked vehicle, or any other junk or scrap shall be located for storage, dismantling, or any other purpose within seventy-five (75) feet of any residential district, within fifty (50) feet of the front street line, within thirty (30) feet of any side street line, or within thirty (30) feet of any other lot line. 3. The yard shall be surrounded by a fence, wall, or vegetative screening eight (8) feet in height. Such fence or wall shall be of similar composition, construction, and color throughout and shall be constructed without openings except for one (1) entrance and one (1) exit; the entrance and exit shall be equipped with unpierced gates. Such gates shall be closed and securely locked at all times, except during business hours. Page 185 of 209 If vegetative screening is to be substituted for a fence or wall, plans for such vegetative screening shall be submitted with the application for conditional use approval. Such vegetative screening shall consist of a greenbelt strip at least twenty (20) feet in width adjoining adjacent lot lines, and a greenbelt strip at least ten (10) feet in width adjoining street line. The greenbelt shall be composed of at least one (1) row of deciduous or evergreen trees and one (1) or two (2) rows of shrubs. 4. Junked or wrecked vehicles shall be stacked to a height of no more than twenty-four (24) feet. 5. Regardless of building size, a complete site plan prepared in accordance with the provisions of Section 11.02.00 (Major Site Plan) shall be required with the application for conditional use. The application for conditional use shall not be considered complete until all minimum site plan criteria have been determined to be met. C. In the IH (Industrial Heavy) or U (Utility) zoning district, land clearing and yard trash recycling operations, that are engaged in the recycling and processing of land clearing and yard trash only, may be permitted as a conditional use subject to the following criteria: 1. Business operations authorized under this Section shall be limited to the recycling, processing and short term storage of land clearing and yard trash only, and shall not be permitted to recycle, process or store for any period of time construction or demolition debris, except for that construction or demolition debris that may otherwise be defined as land clearing debris or yard trash. 2. The total site area devoted to the recycling, processing and storage of land clearing and yard trash debris shall be at least five (5) acres, but no more than fifteen (15) 3. The recycling yard, including all product receiving areas, shall be surrounded by a fence, wall, or opaque vegetative screening eight (8) feet in height. Such fence or wall shall be of similar composition, construction, and color throughout and shall be constructed without openings except for one (1) entrance and one (1) exit; the entrance and exit shall be equipped with unpierced gates. Such gates shall be closed and securely locked at all times, except during business hours. If vegetative screening is to be substituted for a fence or wall, plans for such vegetative screening shall be submitted with the application for conditional use approval. Such vegetative screening shall consist of a greenbelt strip at least twenty (20) feet in width adjoining all adjacent lot lines, and a greenbelt strip at least fifteen (15) feet in width adjoining any street line. The greenbelt shall be composed of at least one (1) row of deciduous or evergreen trees and one (1) or two (2) rows of shrubs. Maintenance of the fence, wall, or opaque vegetative screening shall be the responsibility of the property owner consistent with the other provisions of this Code. 4. All sides of each Individual debris storage (stockpile) areas shall be accessible by means of fire lanes. Fire lanes shall be a minimum of one and one-half (1½) times the height of the pile, but in no case shall the fire lane be less than twenty (20) feet in width. A minimum one hundred-foot wide clear space shall be provided between every two (2) debris storage piles and there shall be a one hundred-foot wide fire lane at the end of each storage or stockpile, regardless of overall length. Figure 7-29 depicts the general layout of the debris storage stockpile areas: The maximum length of an individual debris storage stockpile shall not exceed five hundred (500) feet. The maximum width of an individual debris storage stockpile shall not exceed one hundred (100) feet. The maximum height of any one (1) storage pile shall not exceed thirty (30) feet. All stockpiles shall be surrounded with a network of fully operating fire hydrants spaced at intervals of no more than two hundred fifty (250) feet. No portion of the stockpile yard shall be less than two hundred (200) feet from any fire hydrant. Each fire hydrant shall provide for a minimum fire flow of seven hundred fifty (750) gallons per minute, unless otherwise provided for by the St. Lucie County Fire District. Page 186 of 209 An area equal to fifteen percent (15%) of the total area occupied by the debris storage areas (stockpiles) shall be reserved for the emergency relocation of the stored materials should it be necessary for fire fighting purposes. This emergency storage area may not include any of the required minimum setbacks or separation corridors for the debris storage areas (stockpiles). This emergency storage area shall be adequately served with access to fire suppression resources, consistent with this code. The total site area that may be covered with the debris storage areas (stockpiles), excluding the emergency stockpile area, shall not exceed sixty percent (60%) of the gross area of the project site. 5. Individual stockpiles shall be located at least one hundred (100) feet from any brush or tree line and shall be no closer than fifty (50) feet to any property line or street right-of-way line. 6. a. The base area on which the stockpiles are located must be constructed of either a concrete surface, asphalt surface, or other clean stabilized surface that is acceptable to the County. Stormwater controls and specific site elements shall be designed to prevent run-off from entering the processing and storage areas. b. The access aisles between the stockpiles must be constructed of either a concrete surface, asphalt surface, or other paved surface that is acceptable to the County. Alternative surfaces may be considered outside the Urban Service Boundary as approved by the Board of County Commissioners through the Conditional Use Permit. These surface materials may include, but are not limited to, asphalt millings, coquina rock, shell rock, and engineered surface products suitable for the expected vehicle loads and frequency of use. 7. All materials received into the recycling yard shall be rotated through the recycling yard within twelve (12) months of its acceptance and deposition in the recycling yard. 8. All land clearing and yard trash recycling operations shall submit as part of the application for Conditional Use permit a copy of Fire Prevention Plan for the specific recycling operations that has been approved by the St. Lucie County Fire District, Fire Prevention Bureau. This fire prevention plan shall, at a minimum, address all requirements and recommendations of NFPA 46, Recommended Safe Practice for Storage of Forest Products, unless otherwise restricted further by this Code 9. All land clearing and yard trash recycling operations shall submit to an annual fire prevention inspection to be conducted, upon reasonable notice, by the St. Lucie County Fire District, Fire Prevention Bureau. 10. All stockpiles shall be constructed and located so as to afford the opportunity to measure the internal temperatures of the land clearing materials in the stockpile in order to monitor fire hazard. Page 187 of 209 11. All vehicles used on the stockpile shall be of a type that minimizes the compaction of the stockpile. 12. Regardless of building size, a complete site plan prepared in accordance with the provisions of Section 11.02.00 (Major Site Plan) shall be required with the application for Conditional Use. The application for Conditional Use shall not be considered complete until all minimum site plan criteria have been determined to be met. 13. Every land clearing and yard trash recycling operation, authorized under this section, shall establish a cash security fund, bond or provide the County with an irrevocable letter of credit based on the schedule below, to secure the cost of removing of all accumulated land clearing and yard trash debris from the site if it has been determined by the County Commission, following a duly noticed public hearing, that the land clearing and yard trash recycling operation has been abandoned or recycling operations have ceased for period in excess of six (6) months, or of the Conditional Use Permit is revoked for any reason. The provisions of this paragraph shall not apply to any land clearing and yard trash recycling operation operated by any unit of local government within the County. Storage Yard Size Required Security 5 to 7.5 acres $ 50,000 7.5 to 12.5 acres $100,000 12.5 to 15 acres $150,000 14. Any lawfully, existing land clearing and yard trash recycling operation as of August 17, 1999, shall conform to the above described standards no later than January 1, 2001. In the event that any existing land clearing and yard trash recycling operation fails to meet the requirements of this section, the County shall pursue all available remedies to compel compliance with the provisions of this section and any other applicable provision of this code. 15. The Code Enforcement Board, shall be the responsible enforcement board assuring compliance with the provisions of this section and related sections within this Code. If the Public Works Director, in consultation with the County Administrator, or his/her designee, and County Attorney, determines that the Code Enforcement Board process would be an inadequate response to a given violation(s), the County Attorney may institute appropriate proceedings in a court of competent jurisdiction for prosecution of the violation(s) as provided by law. 16. The violation of any of the regulations, restrictions and limitations promulgated under the provisions of this section may be restrained by injunction, including a mandatory injunction and otherwise abated in any manner provided by law. 17. Nothing contained in this provision shall prohibit the board of county commissioners from enforcing its codes by any other means. 18. In the event that St. Lucie County is declared a federal disaster area following or as a result of either hurricane or freeze damage, the County Commission may suspend any or all of the standards above for the duration of the declared emergency in order to facilitate the removal of vegetative debris. 19. Vegetative yard trash or land clearing debris shall be removed within six (6) months or time needed to receive three thousand (3,000) tons or twelve thousand (12,000) cubic yards, whichever is greater. 20. If additional processing of vegetative yard trash or land clearing debris is proposed in addition to mulching, such activities will be subject to additional requirements imposed through the Conditional Use process to mitigate impacts. 21. All land clearing and vegetative yard trash recycling operations shall submit to an annual site inspection to be conducted by St. Lucie County Code Compliance to ensure conformity with the Conditional Use permit. If evidence of unpermitted materials is found within the stockpiles other than vegetative waste and other specific additives approved through the site-specific Conditional Use Permit, the subject Page 188 of 209 permit shall be scheduled for the next available Board of County Commissioners meeting for a Revocation Hearing subject to the requirements of LDC Section 11.07.05(H) and the notice requirements of this Code. D. AG-5 / Planned Non-Residential Development land clearing and yard trash recycling operations, that are engaged in the recycling and processing of land clearing and yard trash for the purpose of soil cultivation may be permitted as a conditional use subject to the following criteria: 1. Collection operation shall be limited to acceptance of land clearing and yard trash ONLY. Acceptance of construction and demolition debris is prohibited, unless designated for use of direct infrastructure of site property. 2. Minimum size of lot three hundred seventy thousand two hundred sixty (370,260) square feet (8.5 acres). 3. Total site area devoted to the storage and processing of off-site land clearing and yard trash debris shall be at least five (5) acres, but no more than fifteen (15) acres, and may not be in excess of sixty (60) percent of the total property site. 4. All sides of each individual debris storage stockpile must be accessible by means of fire lanes no less than twenty (20) feet in width. A minimum distance of one hundred (100) feet of access is required between any stockpiles five hundred (500) feet in length. The maximum length of an individual storage stockpile shall not exceed five hundred (500) feet. The maximum width of an individual storage stockpile shall not exceed one hundred (100) feet. The maximum height of any one (1) storage pile shall not exceed thirty (30) feet. 5. Stockpiles must be within two hundred fifty (250) feet of working fire suppression equipment which may include but not limited to (fire hydrants providing no less than seven hundred fifty (750) gallons per minute, on site water trucks, gravity tanks, ditch pumps, etc.) all methods of fire suppression must be approved by St. Lucie County Fire District. 6. All stockpiles must maintain a distance of one hundred (100) feet from any brush or tree line and shall be no closer than fifty (50) feet from any property line, street or right of way, natural or artificial body of water. 7. All incoming land clearing and yard debris must be processed within eight (8) months of receiving, once processed an additional twelve (12) months for soil cultivation process. 8. Site must have applicable processing equipment onsite at all times which may include but is not limited to ( Grinders, shredders, ect.) Page 189 of 209 9. Processing areas must be surrounded by a twenty (20) foot wide access road Consistent of the one (1) or more of the following materials. These surface materials may include, but are not limited to, asphalt millings, coquina rock, shell rock, and engineered surface products suitable for the expected vehicle loads and frequency of use. (Updated for review) 10. A soil cultivation area is permitted for processed land clearing and yard debris in line with the below criteria. 10a. Soil cultivation areas may only contain fully processed land clearing and yard debris, storage of unprocessed material in designated area is prohibited. 10b. Soil cultivation area material must be processed in no longer than twelve (12) months. 11. Open Space requirements for PNRD under ten (10) acres must maintain a minimum of twenty(20) percent of the total gross land, projects of ten (10) acres or more of total gross land must maintain twenty five (25) percent of total gross land consisting of common open space, common landscaping, planting areas, floodways, lakes, wetlands, storm water retention areas. Streets or road right-of-ways and utilities do not qualify as proposed open space. 12. Regardless of building size, a complete site plan prepared in accordance with the provisions of Section 11.02.00 (Major Site Plan) shall be required with the application for Conditional Use. The application for Conditional Use shall not be considered complete until all minimum site plan criteria have be determined to be met. 13. The Code Enforcement Board, shall be the responsible enforcement board assuring compliance with the provisions of this section and related sections within this Code. If the Public Works Director, in consultation with the County Administrator, or his/her designee, and County Attorney, determines that the Code Enforcement Board process would be an inadequate response to a given violation(s), the County Attorney may institute appropriate proceedings in a court of competent jurisdiction for prosecution of the violation(s) as provided by law. 14. The violation of any of the regulations, restrictions and limitations promulgated under the provisions of this section may be restrained by injunction, including a mandatory injunction and otherwise abated in any manner provided by law. 15. Nothing contained in this provision shall prohibit the board of county commissioners from enforcing its codes by any other means. 16. In the event that St. Lucie County is declared a federal disaster area following or as a result of either hurricane or freeze damage, the County Commission may suspend any or all of the standards above for the duration of the declared emergency in order to facilitate the removal of vegetative debris. Page 190 of 209 ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY PUBLIC HEARING AGENDA Thursday, August 17, 2023 NOTICE OF THE PROPOSED AMENDMENT OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE REGARDING STANDARDS FOR OPERATIONS ENGAGED IN THE RECYCLING OF VEGETATIVE DEBRIS AND ZONING DISTRICTS WHERE SUCH OPERATIONS ARE PERMITTED AS CONDITIONAL USES. The St. Lucie County Planning and Zoning Commission is scheduled to review and make recommendations regarding a petition for adoption by the Board of County Commissioners of St. Lucie County, Florida, of the following Ordinance: ORDINANCE NO. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE, SECTION 7.10.12., SCRAP, WASTE AND RECYCLING OPERATIONS; AND SECTION 2.00.00 DEFINITIONS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. PURPOSE: The applicant, Mike's Organic Topsoil, filed a Text Amendment to the Land Development Code, Section 7.10.12.-Scrap, Waste and Recycling Operations, to allow business operations that recycle vegetative debris into topsoil in the AG-5 (Agricultural -5) and PNRD (Planned Non-Residential Development) Zoning Districts as a conditional use. FILE NUMBER: TLDC-2301-000020 The Planning and Zoning Commission PUBLIC HEARINGS on these items will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virgina Ave., Fort Pierce, FL on Thursday, August 17, 2023, beginning at 6:00 pm or as soon thereafter as possible. Public Hearings may be continued from time to time as necessary. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Comments must be submitted by noon the day prior to the meeting. Comments will be distributed to the Commission in advance of the meeting and included in the record provided the comments comply with the County's rules. The petition files are available for review at the Planning and Development Services Department 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 additional information. The St. Lucie County Planning and Zoning Commission has the power to review and recommend to the St. Lucie County Board of County Commissioners, for approval or disapproval, any applications within their area of responsibility. The proceedings of the Planning and Zoning Commission are electronically recorded. PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by the Planning and Zoning Commission 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 verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Risk Manger at least forty-eight (48) hours prior to the meeting at (772) 462-1546 or T.D.D. (772) 462-1428. Any questions about this agenda may be referred to St. Lucie County Planning Division at (772) 462-2822. PLANNING AND ZONING COMMISSION/ LOCAL PLANNING AGENCY ST. LUCIE COUNTY, FLORIDA /S/ ROBERT LOWE, CHAIRMAN PUBLISH DATE: Monday, August 10, 2023 m-Gc110922<2-01 Page 191 of 209 28A I SUNDAY, AUGUST 6, 2023 I TREASURE COAST NEWSPAPERS sc CITY OF FORT PIERCE NOTICE OF PUBLIC HEARING Fontenay il'lletyCG,o ....... 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(l(t,G MON: rN\llOAAAL~ ll(S(ABEDK.fOUOWS: AI.SOLCSS~0OllPltK.ltl£fOl.10MNGD€SCfl&0I.Jrfl')S; APHIC£1.0FLMOlniGt111£NCfllttM'.STl/40F1KNCflTHW[S11/IOFSECTION7, ~~~IWIGE~CAST.$1.U.UCOltlTY,fLCR:)4.BOiGMCHIWIIIOJ.N'I..V 11£QIAT11£HORTIIWlSTIDNROFl0T50FT1£R[IUTOFHOE1fW£RlS1ATESK.IUOROCO ti FUT 800!( :U, F"4S 17 lHflOU'.'ll 11A, OFMPLQJC RECORDS OF ST.U.U: coum. flOI\OA;lttl:Na:IQITff00-11'21" EAS'l,A 06TAHCt OF 112.tof£Il; 11£NctSOtllHIS'M'JII" EAST,ADISTI.IIC10F!o09D7fU1101HECASTL.tl(Of'Tl£NO'lTh'M:STONE-OI.W!IERlh"Wl/4) OF111CNOflTIM£SlONE·OOllt!CAp,t#l/l)OFSNOSECl10fj7;111DtaSOUTfflX1'11'50°WCST, Al.ONG SAJOCAST llil[,A DISw;c[ OF :Ul.51 f'E(T 10 Tt-lE SOIJTH 1.M 01' 11£ NORIIM'EST IJK-QlJ,•flllJl,.Wll410FTt£liOlfflMlSTONE-0UNITtR(Ml{l/410FS.lllSECTION1;Tll(NC[ liORltt~lt"'M:Sl,D£1WflltGSAJOtlSJLNAH0N..CWGS.lrlOSOO!liu.t:,ADISTNfl'.lOF l00.3lfU11011£EASll.llEOFSAlll01$:TKMC{l!OIITH00-11"2&'EAST,D£1W!TltGSAll SOUTH l.liEAN}Al.CWG SAIC EAST 1.N,A DISw.a: OF201.11 nn 10 Tl£NORllilH OF SM) ~0~=~~:;:~~=-tASTI.MMOALOHGSAIONallHUN[, TIEWESTIJK-IWJ'(1/l'IOFllENORltt£A',llll(-llUl,l!TUl(l."410Fll-El,'OR!lMCSJOIIE- Ot.\1111£.R (1111 OF SECTION 7, TOVMM' l5 SOt/Tll, Fw.U 40 WI. USS IIGtll·OF-WA'r f!;ll Cl,W,l,S,ASRECONlEJll!llHCPl.QJCRCQJRDStlNIDf(JRST.UJClroltlTY,rt,L11:10,1.. PARCILI0::2~M<4HI001«10-l f'NICEll: 11£EAST!,llrmOFTIEFOlUJWIIGD(stflftOl'IIIOl'£ATY:lt£wtST11101''!tlCSOUlliU,ST mOFTl£NOFIIIMESTl/40FSlCTKW1,TO\IMHPl-5SOtllH,FWG:40tAST,WSMO Olll'lRQll!,OfWAYfOAP\IIUCAOAOS,l\llGUIOB£tlGJN!IT.UJClC0UITT,flOIIM. f'MCll1. IKNORIHl5ACN'SOFTIEFOll0MNGO[SCM[Ol'llll'U!rt,lll(fJSJ!l10FTIESOJJl1fAS1 l/40FNORTIMST11411SlCTil»l7,ll'.MWtl'l-5SOtlllt,R,l,Ml[-"1EAST,LlSS~DDttPl IIWTSOFWAYfORCNW.S,1.YWGANOlllM.IIST.UJClCOU;TY,flORJM.~Of\.fTill(Jll[S5 AHlDDJ'lMl111£.RIJJIIM11EfOllOWli6DC!.Cl&OPNICEI.ASS£1fCfllHllW~ tnORE(XRJ{OflllflUU.RECORIJSIIOOK !Ul,Ma:2915. Al'Clflll:Jh'Of11£11Q11111W(Sll/40FSlCTIOll1,10Wlt!ltf'l5SOtllH.IWill:IO£AST,ST.l.llC€ COltlTY,flOAl~ll£1tGMOREIWlllCl.lNI.YD€SCl'&OASfCUOl\'S'. COMMOriCIAlAf~OR,l,IJIOAl)Sf9.Er.wniGTt-lES0tlllMUTCORtilllOF!..lllS(CID1; 11£WctNORTHOOOCGOl'll'USIN..OHGM:WESlll!iEOF!..lllSlCTKlll1i;A1~1~ He's right about that, to a point. I certainly wouldn't want to discourage residents from attending future meetings and airing any concerns they have. However, barring some major red flags being brought to light, it's clear most of the commissioners seem to be suppor- tive of the plans outlined by Ari and Molly McCoy Straus. As I wrote in a column a few days ago, the Pl Motor Club would include two road courses, one approxi- mately 2.7 miles and the other about 4 miles long, as well as an off-road course and a go-kart track. There would be a skid pad for testing vehicle handling under extreme conditions, a 4,600-foot runway that could be used both for testing vehicle acceleration and accom- modating the occasional arrival of private aircraft, and a research and development center for testing auto- motive products. There would also be "GarageMahalst large garage areas attached to lounges that could be used for tem- porary overnight accommodations, as well as possibly a "trackside inn"that couldaccommodatel5-25 people for short stays. There could be up to 125 high-end sin- gle-family homes or "autominiums," which are de- scribed as luxury townhouses with oversized garages. Plus space set aside for Pfs offices, an event center, a clubhouse, a restaurant and convenience store for use by members and guests, along with support facil- ities to accommodate all of the activities planned for the 629 acres southwest of where State Road 70 and Summerlin Road intersect. Whatevertenns might be used to describe it, Pl Mo- tor Club would be precedent setting. Although St. Lu- cie County has a handful of special districts where large-scale activities occur, this would be the first one outside the boundaries of its designated urban ser- vices area. The Strauses plan to handle their own water and sewer treatment facilities, meaning county officials wouldn't have to extend new lines 4 miles beyond the current urban services boundary. The Strauses also promise to staff the site with their own security and emergency services personnel. The homes built on the property arc expected to be temporary dwellings for club members while they're using the facilities, as opposed to year-round resi- dences. For all of those reasons, county officials have sug- gested Leet's hypothesis about getting a tax revenue windfall while providing comparatively little in the way of services is correct. This is, by the way, the same argument the devel- opers of Atlantic Fields made last year when they per- suaded the Martin County Commission to approve a comprehensive plan amendment allowing their luxury golf course community to be built outside the urban services area. Molly McCoy Straus and Ari Straus hope to replicate the success of the Monticello Motor Club in upstate New York with a similar project in western St. Lucie County. BlAKE FONTENAY/TCPALM Both projects arc touted as being "self-contained," with the people living in those exclusive communities having so many amenities onsite that they don't need to venture out and bother the rest of us living else· where on the Treasure Coast. This is about as naive as thinking the park operators in the Jurassic Park/World movies were going to keep all the dinosaurs under control. No matter how nice those amenities are, no matter how many stars the club's restaurant gets, and no mat- ter how well stocked the clubhouse store is, at some point, the people using them are going to want to travel off site for shopping, recreation or whatever needs they have. After all, it is a free country. And no one knows that better than the people who have accumulated the type of wealth needed to buy into places like Atlantic Fields and PJ Motor Club. It's also wishful thinking (or willful disingenuity) to suggest sheriff's deputies or fire/rescue personnel won't need to respond if a crime or accident happens at one of these locations. Frankly, as a guest, I'd be un- easy about the prospect of a private security force be- ing the only law enforcement on the property. I'm not saying Pl Motor Club wouldn't be an asset to the community. I'm sure some local restaurateurs and business owners want well-heeled car club members dining and shopping in their establishments. What I am saying is, there's no free lunch when it comes to development, particularly on a scale as large as this one. Herc's hoping St. Lucie County officials will make a clear-eyed assessment of the project's strengths and weaknesses, rather than offering a sim- plistic narrative that doesn't really hold up under close scrutiny. This column reiteas tile opinion of Blake Fontenay. Contact him via email at bfonte11ay@gmmett.com or ut 772-232-5424. fUlllEIIU.SSANODUPTlliGlH(fOUl)l','f,IGOlSCP&OfW'lalK.Sl'Jf(lllHtlWNW,NTY DUOR[C()fl()(Ot10Ff10AI.R[COROS800!(14l3,l\lam◄ AIWICfLOfl,lljOLffiGtllHENal!lfMSTClWIJEROFsa;m1,llll'otiSHPl5SOO!ll,f.WG( ,l(ltlSJ,ST.U.UQlltlTY,flOAIDA,~011£1NGMOREPNlll0.U,N.YOCSCl'll6lOASfOllOWS TIENORTlll5.t,CKSOFTl£(.I.STKAIJ'OFTIESOtllt£,l,$TQI.Wll(ROF11£NOfl11MUT OtWllEAtlSlCTION7,T!MW9_.l5SOU!Jt,IWU,l(IEAST,ctllllif,{OfllCt!IS-OF·¥iJ.YfOA Cl,W,l,5.ll'lfG SOU1fm'l'OFTI£ fOU~ OCSCJIE,(fllJll(; COl,WDIC(AlAfOUiOl',l,Ul(W)Sl9J!l,WUi(in1EsrunMUTCO!\IIIRllfSMISlCTl:Jh'7; llUiCENOfllHOOOEG07'll"t/lSTJrUlNGM:'M:STLMOf!..lllSlCTlotl7,ADISlANctOF 1.64-}.03f£IllOAl'(Jl;TONAfQU;ORAIJ'IO',(ISf'tIIINUIGTl£11£SlWll!IERCOANCROF S,W$(CTDj 7,!..lllPOtlTll£ti60Nltl£11ASllM:OFSlll'olYrDIISTA!(NWIY(ORNICE A\'Dll,QASSKlWNONAflCl'Clo'll(IWl'TMENTOFlll.lHSPORIAlJ.lljllttlJ.OF·w.a'IIJl'fOA SU:TIONNO,g.,10J'G.250i5;ltlOIC£NORll1190(Gl2'09"CASTAI.CfriEiSJrl08ASCLMOF9.M>'l.'Y AN.DTIESOtllHLKll'll-ENOflllfWEST OI.W!l'EllOFS.W!.ICTDN1,ADIS1AIQOF2,041.llfUT;l1lDICC-001l(G11'51"'M:$t ~~~:~~NIGU'ST011£1ASTOt:SCRIIEOCCUISf,ADISWO:OFl&WU£110 nu.a: NOAJH 119 0CG .,. !,&" EAST, 4 OISWIC£ OF :.SUS rID TOTtE EASlUllY 801.fHlNl'I' ~i'=S;~i1J..~=~~~1£:~;~~,1:..i~ llEKE11•0Fll£11[1/IOF11£1ffl1/40FSlCIION l,1~3$SOUTH,1Wi6(4i!EAST, ~AN~Cl£~~ DWTti6AU.FDITSOFWAYfOAFUtllCFIOl,OS/oNO [MNAU ~~~:~~=\~IT)OF THE IIORTIMUT 111 l«D Ill( lAS1' 10' OF TIE SOJlt!W(ST1140FlHEIIOR'IHWESTmOFSECllON1,TQIMISIFl-5SOtllH,IWICl:IOEAST. 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RECOROSOFSI.UICIECOONTY,fl~ ~:=~~~~1f:i_~OOltl()fl1(lJrl.ll:(XllllSB<O:l9JI, C0MMOiCE20f£fTWE!ITOf1KSQ/'11£.ASTCCfll;(ftfllll(SOUllffll'.Sl 111 OFlH( ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA August 17, 2023 Mi'lllr-r,,rliunqy-•ll'll~...:lbo'-d-..ltlo-110fltljlllla,lion.Saill ~-w,lbo;,,,i.tjof.,_,opo,tlioorl.,_C~jc.,1c'o0llu,Cll1H .. ,lOOk01f>llS.•1 f01"°'tt,f1Qfld.l NMrtASOIISEO',J;GlOlfffAI. ltE0£()9(1!10F11£ClTYCOM~ASTOlll(HffGOliG ISMrolSlOll'o'.TAIIECOflOOfff!OUlOmGSISREOll'IEOtlAA"f~J.l'f'£.M.~OltlAlSIJUl ~~l~~:!o'~~~~=:~~~~IS"'riElm.lnlG l11Ct010W'IU"'"7111>eMlll1t:n"'l'IOiMb'ffftl<t.-.ds,,,;lionlt51tl,flo<ld.l,si.c\(ft,Pfll'll'II --•""'drwJIPfCGIICECll!1""'4111.<ll~pa,'iapliltiilllb~IMvl<ICOIIICIIPMil!y o.·,·, Cr!i<:t ,1m,i lf1-Xl61 ollucl !!haul, pl,, !o 1h, o,u!"f. =::~wiCI!,~ Th-e firs.I poblie l>ealing fOf the prOJ)Qll,NI pdftOlln wil be hdd before the Planniflg ,nd Zoning Comm>S\ion, admg H the Loeal Planning Agertcy, on Thvrloda·1,Aug\AI 17, W23. Tl>e meetmgwiH beheld 1116;00 PM. O<Ht.oon th-elune-rnthe~ffllmaybehNfd,int~CoontyComn,~Cllam~3<d Flool ollh<!Sl. LUCH!CountyAdmlni.traUonAnnew, 2lOOV..giniaAv,mue,FOtl Ple<c:e,Flo<id.J.1hepu,po$eol1hi5pubhchuringl$1ooontoide<thefol,:;,,,,wlg petoliom,d ~em by the aPf)i:Ul'lt for adOf)tion, b)I RHO!ult00 RESOLUTION AN RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, FOR A CONDITIONAL USE PERMIT ALLOWINO CHILO CARE SERVICES IN THE COMMERCIAL OFFICE lt~r:g~~~J·:z~i~ilT 2945 ANO 2955 MIDWAY ROAD IN ST. P•tltionApplk•nl:Ch11dren"1UfW'e'lily,lLC P•titlon Ale Number: CU Jlm-0000S5 Location; 19-tS and 2955 Midway Ro.,d (.« m11p bekm) Parull0:3'105---'21--0001-0002 PurpoH: To allow for child care WfVK:Hfor uplo 110 Sludenls, w.lh outdoor playaren. ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY All inte1Hted i:,erson-; v.,N be given an oppol"l~nily 10 be l1tard. \\l,nen commen!, ,-ived "' advancc 01 the public ht,anng """ llho b<!: conwtted V.1-llten commen!, to lhe St Lucie Covnty Plannmg ar>d Zoning Comm~ciQn lh01Jld be teuNed by the Pbnning it<>d De,;e(c,pmen! SeMC.n ~,tmen!. Plilllning Divisioo-!! lust J da)'li pri{J< tolhe ldoeduled ht,J""II.- The ~tioofile 11 avatabl!: IOI le"1eW at the Planning and Development Ser,1e.e1 0.-pailmenl officn,loo;aledat23,00V,rg1ni•Avenue,2"•Fbor,ForlP>err.e, Fl,:,nda,dunng reguta, b'Jsineu hoo1s. Plt!itSe ca!I (712) 452-21122 or TDD (772) ~,;2.\◄211 d youhawanyqunt>onl01f1M1Uirelldd,honalinf01mahonaboutthi1pelillOll. TheS1.ludeC01.mtyPlann:ngandZonmgC.Omm-fonhnthept1Ne•tore-,>eW arid recommend to !he St LIJC.H! Coonty Bc.lrd ol C.Ounty Comm11-sionefs. ro, 11pprovalo<d.sawoval.anyappl1t..1~0Mw1lhin!heira,uotrespon"bclrty. The proceeding, t,1 the Planning and Zonin~ Comn,isuon are ete-ctronitalty reG01ded. PURSUANT TO SECTION 2§6 0105 fLORlPA STATUTES ~ lr,efl,(llld!!!;idHl<;>llppelllllnydoosJonmadebylhePlanningandZoning Commiu/on with •ttped lo any mat!u conWe<ed at a med.mg or ~o4'anno. he or lhe v.,JJ need a ,e,c,oro ol lhe proued.-.gs. Fm Mith purl)OM!. he o, "1e may need !o ensure lhat a veib;l,tim rHOl'd of the JlfO<,:Ol'ed;ng, I!. made. vr,foch ,ec.ordln<:k>deslhete.Zimonyar,de-,,d,enr.eur,onwhlchthell-Jlpeal1stobe b.15'ed. Ul)()'IU1er1M1uHlcl anypa,tytoU1eproceed,ng, ind11'idualstestdl'"II dwingaheali"ll"''"be1wo,nin.Miparty101heproc.eed1nov,,Mbegtanled an Opportunily!o crou-uamine any ind!Vldual tHldyillg dunng J hea1mg upon ~~-11 rt berofflesr,ecel4ary, a publ.chonng maybe COfllinued toa C:..'.e Anyone..,.11had.ubil1tyrequinngacc.ommo<!abanto•ttendthil.meet1n:1•houkl C01~.acttheSI.L~CoontyRo$kllan"'1e11111ea'Stlorty-eigh1[4S)hoo~prlO/ to the me~ng at (77)) 462-1546 or T.O.D. (771) 462·1']8. PLANNII-IG ANO ZONING COMMISSIOW LOCAL PLANllltJG AGENCY ST. lUCIECOVIHY. FLORIOA /Sl'ROBERT LOWE, CHAIRMAN PUBLISHOATE:Augtn16,1023 PUBLIC HEARING AGENDA Thursday,August17,202J NOTICEOFTHEPROPOSEOAMENOMENTOFTHEST.lUCIECOUNTYLAND DEVUOPMENT CODE REGARDINCi STANDAROS FOR OPERATIONS ENCiAGEO INTHERECYCllNCiOFVEGETATIVEOEBIUSANOZONINGDlSTRICTSWHERE SUCHOPERATIONSAREPERNITTEDASCONDITIOHALUSES. Th St, tucle County Planning and Zoning Commlulon Ii; scheduled to rniew and mako recemmendanens 1egnding a petition for 1doplionbythc Bord ol County Comminloncrs of SI. Luci,! County, Ror!da,ollhefo!lowingOrdin1nu: OROINANCENO. AN OROINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST, LUCIE COIJNTY, FlORIOA, AMENOINCi THE TEXT OF THE LANO DEVELOPMENT CODE, SECTION 7,10,12,, SCRAP, WASlE ANO RECYCLING OPERATIONS; ANO SECTION 2.00.00 DEFINITIONS; PROVIDING FOIi CONFLICTING PIIOVISIONS: PROVlOING FOR SEVERABILTTY; PROVIDING FOR APPLICABILITY; PAOVIOING FOR FILING WITH THE OEPARTMENT OF STATE; PAOV101Nli AN EFFECTIVE OATE;PROVIDINGFORAOOPTION;ANOPROVIOINGFORCODJFICATlON, PURPOSE: Tile applicant, Mike's Organic Top50il, lileda Text .Amffldm1nt lo lhu Laud IJe-.-~1111C1>I Gode, Se,.1i011 7.10,12,·ScUfl, Waste and Recycling Opera1ions, to alloW. businns opttillions t~t ~T PNRKt(all;:nn~tr:n.~:~ito~~~e11tfi~in~J~~~::1 ,;!;! oond~ional use. FILENUMBER:TlOC-2301--000020 l~• Planning and Zoning Conu~iuion PU8UC HEARU!GS on these ~ems w,H he held in Um U')ln111iwon Gh1n•J01s. llogcr I\Jihu Annex, 3rd Floor. S1. Lucie County Admlnis!ralion Building, 2300 Virgina Ave., ~ 7h~~tt~; ac:-' ~-=-•~!~111~~}~, ~~!~•i!cc~~~lU~·~o~~ unettu.ry. ~I inlemted ~nons will be given an qll)Olt~nily .to be heud. Writlen c.on,m,nh reu.-.·td in il4\'1nr;e nf the 11\kJ:c hu11ng M! abo he r.omide(ed. Gommenti must be sWrmtted by noon the day prier to the medong. Gomrnen1i will bedislrillu1ed to \he Gommiuion in advance or Ille meeting and included in the reooid JJIO'lided the commenb comply Yoilh the County's rult!s.. Thi pet~ion lites are available lor 1nitw iU the Pbnni11g and Oe\'tlojimwt Serkn U,qur\111,1,l oWus lucal~d al 1300 Vilgktla Ave11ue, fort l'ielce, Flol'icb. during iegular \Jusi~ hours. Plme_ c.il (772) 462·282? or lUll (f/21 4G2·1428 ii yuu haw If!'/ 11ucK1on1 ur require add·lu1al inlormafom. The st. tucie County Planning and Zoning Commission has lh~ power .to ,niew and 1econ11nen~ to the st. Lueie County ~rll of Cwrrty W'llm'"ionm, fora,~)IOl'llordri;,11pp1wal,any3111)11c.ilionsw,lh1nlheirareaolr~1tity The proc«d,ngs ol the 1'1.,nnlng 1nd Zoning Commission are e!ec1ronl_e11lly ::°~1ed,;~JJW1~A~~J1° a11;er::.~01~~~~0a~0~ fi~ri1im1~1.~~,~~~j 1!11~ Commiuion w11h re$p«l to any milter considered at I met(mg or hearing, ~~~ 11:n:t n: i;~~:u::;~:i. ~ v~1!fn~ri::ro, :·: ;~~-:r$ :d:'. wh1rJr reoxd iridudeslhe tesl1mony and e-.-idfrice upon which the .tA,e,il i~ :~tin~:ri-ogur;ea~;gr~~~ ~!?itt~ ~~~~o~l~~td~ldi~ri!! granted an opporlunity lo crou-ex1mme any indwid<Jal _1ul:ityi119 u1ing a hunng upon requeK. If it becomes ner:euaiy, 1 11ubhc heanng may I.ls cootinuedloadate-«1t1in. An)'Ollewith1dis.~il~y1equ11ing1ccon1m~itiontoa!1endthismeeti11?5hould contact the SL Lucie County Comr~umly Risk _Mangei at lust lort,"-eighl ((8) huurs µrlur lo the r11eeHr1~ a1 (/12) (62-1546 oi I.U.O. {f/:1) 462-1428. Any questoos &bou! lhb ageMa may be rele11ed b SL Lucie Go41nty Pl~nning UiV$1,na1(n1t462·78l2. rt.ANNlllGANDZOIUt/GCOMMl~DN/ tOCALPlJJltlltlGAGEIICY Sl.LUCIECOUNTY,fLORIDA /S/ROBERTtOWE,cttAIRt~AN PUBLISH DATE: l,lDnday,AYgUsl10,2023 Page 192 of 209 Created: 2023-03-29 10:15:25 [EST] (Supp. No. 24) Page 1 of 5 7.10.12. Scrap, Waste and Recycling Operations. A. In the IL (Industrial Light) zoning district, scrap and waste material collection operations may be permitted as a conditional use subject to the following criteria: 1. The collection operations shall be limited to the acceptance of glass, plastic, paper, cardboard, metal cans, and non-ferrous metals. 2. The property on which the collection activity is to take place shall be at least forty-three thousand five hundred sixty (43,560) square feet (1 acre) and no more than two hundred thousand (200,000) square feet (4.5 acres) in total area. 3. All activities, including storage of the collected materials shall be conducted within a completely enclosed structure. No outside storage of materials of any kind shall be permitted. 4. The property on which the collection activity is taking place shall be surrounded by a fence, wall, or vegetative screening eight (8) feet in height. Such fence or wall shall be of similar composition, construction, and color throughout and shall be constructed without openings except for one (1) entrance and one (1) exit; the entrance and exit shall be equipped with unpierced gates. Such gates shall be closed and securely locked at all times, except during business hours. If vegetative screening is to be substituted for a fence or wall, plans for such vegetative screening shall be submitted with the application for conditional use approval. Such vegetative screening shall consist of a greenbelt strip at least twenty (20) feet in width adjoining adjacent lot lines, and a greenbelt strip at least ten (10) feet in width adjoining street line. The greenbelt shall be composed of at least one (1) row of deciduous or evergreen trees and one (1) or two (2) rows of shrubs. 5. Regardless of building size, a complete site plan prepared in accordance with the provisions of Section 11.02.00 (Major Site Plan) shall be required with the application for conditional use. The application for conditional use shall not be considered complete until all minimum site plan criteria have been determined to be met. 6. The reprocessing of the collected materials into any other product, by-product or other use or form is prohibited, unless the reprocessing is allowed in conjunction with manufacturing of a new product or material as would otherwise be permitted in the IL (Industrial Light) district. B. In the IH (Industrial Heavy) zoning district, scrap and waste material operations may be permitted as a conditional use subject to the following criteria: 1. The yard shall be at least forty-three thousand five hundred sixty (43,560) square feet and no more than two hundred thousand (200,000) square feet in area. 2. No junked vehicle, or any other junk or scrap shall be located for storage, dismantling, or any other purpose within seventy-five (75) feet of any residential district, within fifty (50) feet of the front street line, within thirty (30) feet of any side street line, or within thirty (30) feet of any other lot line. 3. The yard shall be surrounded by a fence, wall, or vegetative screening eight (8) feet in height. Such fence or wall shall be of similar composition, construction, and color throughout and shall be constructed without openings except for one (1) entrance and one (1) exit; the entrance and exit shall be equipped with unpierced gates. Such gates shall be closed and securely locked at all times, except during business hours. If vegetative screening is to be substituted for a fence or wall, plans for such vegetative screening shall be submitted with the application for conditional use approval. Such vegetative screening shall consist of a greenbelt strip at least twenty (20) feet in width adjoining adjacent lot lines, and a greenbelt strip Page 193 of 209 Created: 2023-03-29 10:15:25 [EST] (Supp. No. 24) Page 2 of 5 at least ten (10) feet in width adjoining street line. The greenbelt shall be composed of at least one (1) row of deciduous or evergreen trees and one (1) or two (2) rows of shrubs. 4. Junked or wrecked vehicles shall be stacked to a height of no more than twenty-four (24) feet. 5. Regardless of building size, a complete site plan prepared in accordance with the provisions of Section 11.02.00 (Major Site Plan) shall be required with the application for conditional use. The application for conditional use shall not be considered complete until all minimum site plan criteria have been determined to be met. C. In the IH (Industrial Heavy) or U (Utility) zoning district, land clearing and yard trash recycling operations, that are engaged in the recycling and processing of land clearing and yard trash only, may be permitted as a conditional use subject to the following criteria: 1. Business operations authorized under this Section shall be limited to the recycling, processing and short term storage of land clearing and yard trash only, and shall not be permitted to recycle, process or store for any period of time construction or demolition debris, except for that construction or demolition debris that may otherwise be defined as land clearing debris or yard trash. 2. The total site area devoted to the recycling, processing and storage of land clearing and yard trash debris shall be at least five (5) acres, but no more than fifteen (15) acres. 3. The recycling yard, including all product receiving areas, shall be surrounded by a fence, wall, or opaque vegetative screening eight (8) feet in height. Such fence or wall shall be of similar composition, construction, and color throughout and shall be constructed without openings except for one (1) entrance and one (1) exit; the entrance and exit shall be equipped with unpierced gates. Such gates shall be closed and securely locked at all times, except during business hours. If vegetative screening is to be substituted for a fence or wall, plans for such vegetative screening shall be submitted with the application for conditional use approval. Such vegetative screening shall consist of a greenbelt strip at least twenty (20) feet in width adjoining all adjacent lot lines, and a greenbelt strip at least fifteen (15) feet in width adjoining any street line. The greenbelt shall be composed of at least one (1) row of deciduous or evergreen trees and one (1) or two (2) rows of shrubs. Maintenance of the fence, wall, or opaque vegetative screening shall be the responsibility of the property owner consistent with the other provisions of this Code. 4. All sides of each Individual debris storage (stockpile) areas shall be accessible by means of fire lanes. Fire lanes shall be a minimum of one and one-half (1½) times the height of the pile, but in no case shall the fire lane be less than twenty (20) feet in width. A minimum one hundred-foot wide clear space shall be provided between every two (2) debris storage piles and there shall be a one hundred-foot wide fire lane at the end of each storage or stockpile, regardless of overall length. Figure 7-29 depicts the general layout of the debris storage stockpile areas: The maximum length of an individual debris storage stockpile shall not exceed five hundred (500) feet. The maximum width of an individual debris storage stockpile shall not exceed one hundred (100) feet. The maximum height of any one (1) storage pile shall not exceed thirty (30) feet. All stockpiles shall be surrounded with a network of fully operating fire hydrants spaced at intervals of no more than two hundred fifty (250) feet. No portion of the stockpile yard shall be less than two hundred (200) feet from any fire hydrant. Each fire hydrant shall provide for a minimum fire flow of seven hundred fifty (750) gallons per minute, unless otherwise provided for by the St. Lucie County Fire District. An area equal to fifteen percent (15%) of the total area occupied by the debris storage areas (stockpiles) shall be reserved for the emergency relocation of the stored materials should it be necessary for fire fighting purposes. This emergency storage area may not include any of the required Page 194 of 209 Created: 2023-03-29 10:15:25 [EST] (Supp. No. 24) Page 3 of 5 minimum setbacks or separation corridors for the debris storage areas (stockpiles). This emergency storage area shall be adequately served with access to fire suppression resources, consistent with this code. The total site area that may be covered with the debris storage areas (stockpiles), excluding the emergency stockpile area, shall not exceed sixty percent (60%) of the gross area of the project site. 5. Individual stockpiles shall be located at least one hundred (100) feet from any brush or tree line and shall be no closer than fifty (50) feet to any property line or street right-of-way line. 6. a. The base area on which the stockpiles are located must be constructed of either a concrete surface, asphalt surface, or other clean stabilized surface that is acceptable to the County. Stormwater controls and specific site elements shall be designed to prevent run-off from entering the processing and storage areas. b. The access aisles between the stockpiles must be constructed of either a concrete surface, asphalt surface, or other paved surface that is acceptable to the County. Alternative surfaces may be considered outside the Urban Service Boundary as approved by the Board of County Commissioners through the Conditional Use Permit. These surface materials may include, but are not limited to, asphalt millings, coquina rock, shell rock, and engineered surface products suitable for the expected vehicle loads and frequency of use. 7. All materials received into the recycling yard shall be rotated through the recycling yard within twelve (12) months of its acceptance and deposition in the recycling yard. 8. All land clearing and yard trash recycling operations shall submit as part of the application for Conditional Use permit a copy of Fire Prevention Plan for the specific recycling operations that has been approved by the St. Lucie County Fire District, Fire Prevention Bureau. This fire prevention plan shall, at a minimum, address all requirements and recommendations of NFPA 46, Recommended Safe Practice for Storage of Forest Products, unless otherwise restricted further by this Code 9. All land clearing and yard trash recycling operations shall submit to an annual fire prevention inspection to be conducted, upon reasonable notice, by the St. Lucie County Fire District, Fire Prevention Bureau. Page 195 of 209 Created: 2023-03-29 10:15:25 [EST] (Supp. No. 24) Page 4 of 5 10. All stockpiles shall be constructed and located so as to afford the opportunity to measure the internal temperatures of the land clearing materials in the stockpile in order to monitor fire hazard. 11. All vehicles used on the stockpile shall be of a type that minimizes the compaction of the stockpile. 12. Regardless of building size, a complete site plan prepared in accordance with the provisions of Section 11.02.00 (Major Site Plan) shall be required with the application for Conditional Use. The application for Conditional Use shall not be considered complete until all minimum site plan criteria have been determined to be met. 13. Every land clearing and yard trash recycling operation, authorized under this section, shall establish a cash security fund, bond or provide the County with an irrevocable letter of credit based on the schedule below, to secure the cost of removing of all accumulated land clearing and yard trash debris from the site if it has been determined by the County Commission, following a duly noticed public hearing, that the land clearing and yard trash recycling operation has been abandoned or recycling operations have ceased for period in excess of six (6) months, or of the Conditional Use Permit is revoked for any reason. The provisions of this paragraph shall not apply to any land clearing and yard trash recycling operation operated by any unit of local government within the County. Storage Yard Size Required Security 5 to 7.5 acres $ 50,000 7.5 to 12.5 acres $100,000 12.5 to 15 acres $150,000 14. Any lawfully, existing land clearing and yard trash recycling operation as of August 17, 1999, shall conform to the above described standards no later than January 1, 2001. In the event that any existing land clearing and yard trash recycling operation fails to meet the requirements of this section, the County shall pursue all available remedies to compel compliance with the provisions of this section and any other applicable provision of this code. 15. The Code Enforcement Board, shall be the responsible enforcement board assuring compliance with the provisions of this section and related sections within this Code. If the Public Works Director, in consultation with the County Administrator, or his/her designee, and County Attorney, determines that the Code Enforcement Board process would be an inadequate response to a given violation(s), the County Attorney may institute appropriate proceedings in a court of competent jurisdiction for prosecution of the violation(s) as provided by law. 16. The violation of any of the regulations, restrictions and limitations promulgated under the provisions of this section may be restrained by injunction, including a mandatory injunction and otherwise abated in any manner provided by law. 17. Nothing contained in this provision shall prohibit the board of county commissioners from enforcing its codes by any other means. 18. In the event that St. Lucie County is declared a federal disaster area following or as a result of either hurricane or freeze damage, the County Commission may suspend any or all of the standards above for the duration of the declared emergency in order to facilitate the removal of vegetative debris. 19. Vegetative yard trash or land clearing debris shall be removed within six (6) months or time needed to receive three thousand (3,000) tons or twelve thousand (12,000) cubic yards, whichever is greater. 20. If additional processing of vegetative yard trash or land clearing debris is proposed in addition to mulching, such activities will be subject to additional requirements imposed through the Conditional Use process to mitigate impacts. Page 196 of 209 Created: 2023-03-29 10:15:25 [EST] (Supp. No. 24) Page 5 of 5 21. All land clearing and vegetative yard trash recycling operations shall submit to an annual site inspection to be conducted by St. Lucie County Code Compliance to ensure conformity with the Conditional Use permit. If evidence of unpermitted materials is found within the stockpiles other than vegetative waste and other specific additives approved through the site-specific Conditional Use Permit, the subject permit shall be scheduled for the next available Board of County Commissioners meeting for a Revocation Hearing subject to the requirements of LDC Section 11.07.05(H) and the notice requirements of this Code. ( Ord. No. 2021-012 , Pt. A, 4-20-2021) Page 197 of 209 Created: 2023-03-29 10:15:21 [EST] (Supp. No. 24) Page 1 of 6 11.07.00. CONDITIONAL USES 11.07.01. General Provisions. A.Purpose. The purpose of this section is to provide for uses that are generally compatible with the use characteristics of a zoning district, but which require individual review of their location, design, intensity, configuration, and public facility impact in order to determine the appropriateness of the use on any particular site in the district and their compatibility with adjacent uses. Conditional uses may require the imposition of additional conditions to make the uses compatible in their specific contexts. B.Authority. The Board of County Commissioners may, in accordance with the procedures, standards, and limitations of this Code, grant conditional use permits for those uses enumerated in each of the zoning districts in Section 3.01.00 of this Code. C.Requirement for Four-Fifths Vote When Protest is Filed. In the case of a written protest against an application for a Conditional Use Permit, signed by the owners of fifty percent (50%) or more of the area within five hundred (500) feet of the property affected by the proposed action, such Conditional Use Permit shall not be approved except by the favorable vote of four-fifths (4/5) of all of the Board of County Commissioners. Publicly owned right-of-way, although included in calculating the distance of five hundred (500) feet referred to in the previous sentence, shall not be included in determining the total of the area lying within five hundred (500) feet of the property involved in such proposed permit application and the percentages referred to. 11.07.02. Persons Entitled to Initiate Applications. An application for a conditional use may only be submitted by the owner or any other person having a contractual interest in the parcel of land proposed for conditional use. 11.07.03. Standards for Review of Conditional Use Permits. A conditional use permit shall be granted only if the applicant demonstrates the following: A.Consistency With Local Code and Comprehensive Plan. The proposed conditional use is in compliance with all requirements, and is consistent with the general purpose, goals, objectives, and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County; and is in compliance with all additional standards imposed on it by the particular provisions of this Code authorizing such use. B.Effect on Adjacent Properties. 1. The proposed conditional use will not have an undue adverse effect upon nearby property. 2. The proposed conditional use is compatible with the existing or planned character of the neighborhood in which it would be located. 3. All reasonable steps have been taken to minimize any adverse effect of the proposed conditional use on the immediate vicinity through building design, site design, landscaping, and screening. 4. The proposed conditional use will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. Page 198 of 209 Created: 2023-03-29 10:15:25 [EST] (Supp. No. 24) Page 2 of 6 C.Adequacy of Public Facilities. The proposed conditional use will be served by adequate public facilities and services, including roads, police protection, fire protection, solid waste disposal, water, sewer, drainage structures, parks and mass transit. D.Adequacy of Fire Protection. The applicant for the proposed conditional use has obtained from the St. Lucie County - Fort Pierce Fire Prevention Bureau written confirmation, or has otherwise demonstrated by substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. E.Environmental Impact. For developments required to provide an environmental impact report under Section 11.02.09(A)(5), the proposed conditional use will not contravene any applicable provision of the St. Lucie County Comprehensive Plan, or of Chapter VIII, "Natural Environment Analysis", of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Horn and Associates, Inc. (August 1982). 11.07.04. Conditions on Conditional Use Permits. The Board of County Commissioners shall attach such conditions, limitations, and requirements to a conditional use permit as are necessary to effectuate the purposes of Section 11.07.01; to carry out the spirit and purpose of this Code and the St. Lucie County Comprehensive Plan; and to prevent or minimize adverse effects upon other property in the neighborhood, including but not limited to limitations on size, intensity of use, bulk and location, landscaping, lighting, the provision of adequate ingress and egress, duration of the permit, and hours of operation. Such conditions shall be set forth expressly in the resolution granting the conditional use permit. A.Traffic Control Devices. Whenever, as the result of traffic generated by a proposed conditional use, it is determined, based on the Manual on Uniform Traffic Control Devices, that there is a need to install traffic control devices (including traffic signals, signing, and pavement markings), the conditional use permit shall not be granted except upon the condition that the applicant be responsible for installing all said devices and signs, or making an equitable contribution toward such installation. B.Access Improvements. A conditional use permit shall not be granted except upon the condition that the applicant provide the access (ingress and egress) improvements determined to be necessary as a result of traffic generated by the development. C.Projects Requiring Other Regulatory Approval. 1. For proposed conditional uses requiring any permit from the United States Army Corps of Engineers, the Florida Department of Environmental Regulation, the Florida Department of Natural Resources, or any other state or federal regulatory authority, the Board of County Commissioners shall not grant unconditionally a conditional use permit until it has received from such agency notice of either issuance of or intent to issue the required regulatory permit. 2. The Board of County Commissioners may grant a conditional use permit contingent upon receiving notice of either issuance of or intent to issue any required regulatory permit if it can make, on a tentative basis and subject to confirmation, the findings required in Section 11.07.03(E). A conditional use permit granted contingent upon receiving notice of either issuance of or intent to issue any required regulatory permit shall not preclude the Board of County Commissioners, after reviewing the regulatory permit application and other information, from revoking such contingent grant of a conditional use permit based solely upon an inability to confirm the findings required in Section 11.07.03(E) or from protesting the regulatory permit application. Page 199 of 209 Created: 2023-03-29 10:15:25 [EST] (Supp. No. 24) Page 3 of 6 D.Reduction In Maximum Residential Density. The Board of County Commissioners shall require a reduction from the maximum residential density permitted in the zoning district in which a conditional use is to be located when such allowable maximum residential density: 1. Would impose an excessive burden, as determined by recognized engineering or other professional standards, on public facilities that would serve the proposed conditional use; or 2. Would contravene any applicable provision of the St. Lucie County Comprehensive Plan, or of Chapter VIII, "Natural Environment Analysis", of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Horn and Associates, Inc. (August, 1982). 11.07.05. Application Procedures. A.Pre-Application Conference. An application for conditional use is initiated by requesting in writing a pre- application conference with the Growth Management Director. The request shall include a description of the character, location and magnitude of the proposed conditional use, together with a proposed timetable for development. The purpose of this meeting is to acquaint the applicant with the requirements of this Code and the views and concerns of the County when positions are flexible. Within twenty (20) days of the request, the Growth Management Director shall schedule a pre-application conference with the applicant and other relevant County departments. B.Filing Application for Conditional Use Permit. 1. Filing. After the pre-application conference, an applicant for a conditional use permit shall submit an application to 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. If, in accordance with Section 3.01.00, the specific conditional use applied for requires site plan approval, the applicant shall submit a site plan meeting the requirements of Section 11.03.00 of this Code. If, in accordance with Section 3.01.00, the specific conditional use applied for does not require site plan approval, the applicant shall submit a written statement of proposed use including, but not limited to, the nature of the use and the proposed improvements to the site. Conditional use applications shall include a site plan if the proposed use would be located in whole or in part in a one hundred (100) year floodplain or on North or South Hutchinson Island. Applications for conditional use approval shall include such other information or documentation as the Director deems necessary for the full and proper consideration and disposition of the application. 2. Review by Growth Management Director. a. Within twenty (20) days after an application for conditional use approval 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 deficiencies to the applicant by mail. The Director shall take no further action on the application unless the deficiencies are remedied. b. Within thirty (30) days after the Growth Management Director determines that an application for conditional use permit is complete, the Director shall review the application, make a report, and notify the Planning and Zoning Commission that the application is ready to review. C.Hearing and Action by Planning and Zoning Commission. 1. Hearing. Upon notification that the application for a conditional use permit is ready for review, the Planning and Zoning Commission shall place it on the next regularly scheduled agenda for public hearing in accordance with the provisions of Section 11.00.03. The public hearing held on the application for conditional use shall be in accordance with Section 11.00.04. Page 200 of 209 Created: 2023-03-29 10:15:25 [EST] (Supp. No. 24) Page 4 of 6 2. Review. In reviewing the conditional use application, the Planning and Zoning Commission shall consider the report of the Growth Management Director; shall determine whether the proposed use meets the standards in Sections 11.07.03, 11.07.04, and 3.01.00 for conditional uses; and shall determine whether the proposed use meets all other provisions of this Code, the St. Lucie County Comprehensive Plan, and any other applicable County Ordinance. The Planning and Zoning Commission may recommend certain conditions be met before approval of the application. 3. Recommendation. Within a reasonable time of the conclusion of the public hearing, not to exceed thirty (30) days, the Planning and Zoning Commission shall make a recommendation to approve, approve with conditions, or deny the application. D.Hearing and Action by Board of County Commissioners. 1. Hearing. Upon notification of the recommendation of the Planning and Zoning Commission, the Board of County Commissioners shall place the conditional use application on the next regularly scheduled agenda for a public hearing in accordance with the requirements of Section 11.00.03. The public hearing on the application shall be held in accordance with Section 11.00.04. 2. Review. In reviewing the application, the Board of County Commissioners shall consider the report of the Growth Management Director and the recommendation of the Planning and Zoning Commission; shall determine whether the proposed use meets the standards in Sections 11.07.03, 11.07.04, and 3.01.00 for conditional uses; and shall determine whether the proposed use meets all other provisions of this Code, the St. Lucie County Comprehensive Plan, and any other applicable County Ordinance. The Board may require certain conditions be met before approval of the application. 3. Action. Within a reasonable time of the conclusion of the public hearing, not to exceed thirty (30) days, the Board of County Commissioners shall approve, approve with conditions, or deny the application for conditional use permit in accordance with Section 11.00.04(E). The decision on the application shall be by resolution setting forth the findings of the Board of County Commissioners and any condition, limitation, or requirement of such decision. 4. Notice of Action. Notification of the Board of County Commissioners' decision shall be mailed to all parties, and the decision shall be filed with the Office of the Growth Management Director in accordance with Section 11.00.04(F). E.Development and Adjustment of an Approved or Existing Conditional Use. 1. Effect of Issuance of Conditional Use Permit. The issuance of a conditional use permit shall only constitute approval of the proposed use, and development of the use shall not be carried out until the applicant has secured all other permits and approvals required. 2. Adjustments to an Approved or Existing Conditional Use. Adjustments to a conditional use may be permitted as follows: a. Minor Adjustments - The Growth Management Director shall authorize minor adjustments to a conditional use. Such minor adjustments shall be consistent with the intent and purpose of the St. Lucie County Comprehensive Plan, this Code, the conditional use as approved or existing, and shall be the minimum necessary. Such minor adjustments shall be limited to the following: 1. altering the bulk of any one (1) structure by not more than twenty-five percent (25%); or, 2 altering the location of any one (1) structure or group of structures by not more than ten (10) feet; or, 3. altering the location of any circulation element by not more than ten (10) feet; or, 4. altering the location of any open space by not more than ten (10) feet; or, Page 201 of 209 Created: 2023-03-29 10:15:25 [EST] (Supp. No. 24) Page 5 of 6 5. reducing the total amount of open space by not more than five percent (5%) or reducing the yard area or open space associated with any single structure by not more than five percent (5%); or, 6. altering the location, type, or quality of landscaping elements; or, 7. change in project name or ownership of the property. Notice of the authorization of such minor adjustments shall be provided to the Board of County Commissioners. b. Major Adjustments in Substantial Conformity. 1. Any other adjustment to a conditional use shall be a major adjustment and shall be granted only upon application to and approval by the Board of County Commissioners, which shall grant approval for such other adjustment after a public hearing upon finding that any proposed change in the conditional use as approved or existing will be in substantial conformity with the original approval or the existing conditional use. The Board of County Commissioners shall place the application for major adjustment on the agenda of a regularly scheduled meeting for a public hearing in accordance with the requirements of Section 11.00.03. The public hearing on the application shall be held in accordance with Section 11.00.04. 2. If the Board of County Commissioners determines that the major adjustment is not in substantial conformity with the original approval or the existing conditional use, then it shall deny the application for adjustment. Such denial shall not preclude development of an approved conditional use. 3. Inspections During Development of an Approved Conditional Use a. Inspections by Growth Management Director. Following approval of a conditional use, the Growth Management Director shall, at least annually until the completion of development, review all permits issued and construction undertaken and compare actual development with the approved conditional use and with the approved development schedule, if applicable. b. Action by Growth Management Director. If the Growth Management Director finds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the approved conditional use, he shall notify the Board of County Commissioners of such fact and may, if he finds it necessary for the protection of the public health, safety, or welfare, take such necessary action to stop such non-compliance. c. Action by Board of County Commissioners. Within thirty (30) days following notification by the Growth Management Director, the Board of County Commissioners shall determine whether development of the conditional use is proceeding in accordance with the approved conditional use. If the Board of County Commissioners finds the development is not proceeding in accordance with the approved conditional use, it shall either revoke the permit or take the necessary action to compel compliance with the approved conditional use. 4. Inspections After Development. a. Inspection by Growth Management Director. Following completion of the development of a conditional use, the Growth Management Director shall review the development as completed and determine if it complies with the approved conditional use. Page 202 of 209 Created: 2023-03-29 10:15:25 [EST] (Supp. No. 24) Page 6 of 6 b. Action by Growth Management Director. If the Growth Management Director finds that the development as completed fails in any respect to comply with the use as approved, he shall immediately notify the Board of County Commissioners of such fact. c. Action by Board of County Commissioners. Within thirty (30) days following notification by the Growth Management Director, the Board of County Commissioners shall determine whether the completed conditional use fails in any respect to follow the approved conditional use permit. If the Board of County Commissioners finds the completed conditional use fails in any respect to follow the approved conditional use, it shall either revoke the permit or take the necessary action to compel compliance with the conditional use. F.Extensions of Conditional Use Permits. The time limitations imposed on a conditional use permit by Section 11.07.05(I) may be extended by the Board of County Commissioners not more than one (1) time, and for not more than twenty-four (24) months, upon application by the applicant and after a public hearing held in accordance with Section 11.00.04. G.Existing Conditional Uses. A legally conforming use that exists on the effective date of this Code and that is permitted as a conditional use in a zoning district in Section 3.01.03 of this Code shall not be deemed a nonconforming use in that district, but shall without further action be considered a conforming use. A use existing prior to its present classification by this Code as a conditional use may change in use or in lot area or may alter a structure only if the change or alteration conforms with the requirements of Sections 11.07.05(E) and 3.01.03 for conditional uses. Such change or alteration may be accomplished only pursuant to the standards and procedures established for the adjustment of a conditional use as set forth in Section 11.07.05(E). H.Revocation of Conditional Use Permit. In addition to any other penalty and remedy for violation of this Code, it shall be a condition of every conditional use approval that such approval may be revoked for: (1) Violation of any condition imposed upon such approval, and (2) Upon complaint and proof of adverse effect on adjacent properties. The permit may be revoked only after the Board of County Commissioners holds a public hearing in accordance with Section 11.00.04 unless the permittee consents to a revocation of the permit. If the permittee provides written consent to the revocation to the Growth Management Director, the Director shall revoke the permit and notify the Board of County Commissioners of the revocation. I.Expiration of Conditional Use Permit. A conditional use permit shall be valid for the purposes of securing a Building Permit or Certificate of Zoning Compliance for twelve (12) months from the date of approval. Unless a Building Permit or Certificate of Zoning Compliance is secured within twelve (12) months, and construction subsequently undertaken pursuant to such Building Permit, the conditional use permit shall automatically expire unless the permit is extended upon application to the Board of County Commissioners in accordance with Section 11.00.04. J.Limitations on Approval for Conditional Uses. A conditional use permit shall be deemed to authorize only the particular use for which it was issued and shall automatically expire and cease to be of any force or effect if such use shall, for any reason, be discontinued for a period of twelve (12) consecutive months. Page 203 of 209 From:AElizondo@slcfd.org To:Irene Szedlmayer Subject:RE: LDC Sec. 7.10.12.C., land clearing and yard trash recycling operations Date:Wednesday, July 19, 2023 4:06:12 PM Attachments:ATT00002.png ATT00003.png ATT00005.png ATT00006.png ATT00007.png ATT00008.png ATT00009.png ATT00010.png ATT00011.png ATT00012.png image001.png image002.png SECURITY WARNING: This email originated from outside the County systems. Please show caution when clicking links or opening attachments unless you recognize the sender and know the content is safe. Good afternoon, Looks good, thank you for the update. Have a great day. From: "Irene Szedlmayer" <szedlmayeri@stlucieco.org> To: "AElizondo@slcfd.org" <AElizondo@slcfd.org> Date: 07/18/2023 05:14 PM Subject: RE: LDC Sec. 7.10.12.C., land clearing and yard trash recycling operations Good afternoon, Captain Elizondo: Sorry I was unable to call you today. Thank you for your comments. I will follow-up with you, Kori and Ben about the max. fire hydrant spacing and max. distance from fire hydrant. I responded in green text below. Irene A. Szedlmayer, AICP| Senior Planner| Planning and Development Services Page 204 of 209 Ph: 772-462-1562 | 2300 Virginia Ave. Fort Pierce 34982 From: AElizondo@slcfd.org <AElizondo@slcfd.org> Sent: Monday, July 17, 2023 1:57 PM To: Irene Szedlmayer <szedlmayeri@stlucieco.org> Subject: RE: LDC Sec. 7.10.12.C., land clearing and yard trash recycling operations SECURITY WARNING: This email originated from outside the County systems. Please show caution when clicking links or opening attachments unless you recognize the sender and know the content is safe. Good afternoon Irene, After consulting with Captain Boyer, please see some of our suggestions below. Please feel free to call me so that we can talk through these suggestions. Thank you in advance and have a great rest of the day. 5b - The width of the fire lanes between piles must be a minimum of 30 ft. The height requirement calculation should not play a role since the maximum pile height is 15 ft. I agree, but I retained the reference to 1.5 times the height of the stockpile, at least for now. 6a. - This is more strict than the Florida Fire Prevention Code requires for buildings. Please see the NFPA code below: NFPA 1 Ch. 18.5.3 Buildings Other than Detached One- and Two-Family Dwellings. Fire hydrants shall be provided for buildings other than detached one- and two-family dwellings in accordance with both of the following: (1) The maximum distance to a fire hydrant from the closest point on the building shall not exceed 400 ft (122 m). (2) The maximum distance between fire hydrants shall not exceed 500 ft (152 m). We can and should discuss this point with the team. For now, I retained what the code currently provides –max. 250 ft spacing for hydrants and 200 ft max. distance from a hydrant-- for now. 6c. - NFPA 46 is no longer a currently adopted NFPA code. I would suggest using a more broad statement such as "This Fire Prevention Plan shall, at a minimum, address all requirements and recommendations of the currently adopted Florida Fire Prevention Code and any applicable standard established by a Local Resolution amending the Florida Fire Prevention Code, unless a more stringent standard is required by this Code." You can obviously use whatever terminology you would like, I just wanted to provide an example. Your suggested text was incorporated verbatim. 6d. - SLCFD annual inspections are conducted on an unscheduled basis unless required by anoverseeing agency. In these cases, required annuals must be scheduled by the facility/occupancythrough our office. The associated fee is $145 and the facility/occupancy is responsible for keeping up todate and scheduling on an annual basis. SLCFD will not be responsible for contacting thefacility/occupancy for scheduling purposes. Page 205 of 209 How about this instead: “Each vegetative debris recycling, processing, and/or composting operation shallbe responsible for scheduling an annual fire prevention inspection to be conductedby the St. Lucie County Fire District, Fire Prevention Bureau. Such operationshall also be subject to unscheduled inspections by the St. Lucie County FireDistrict, Fire Prevention Bureau, at the discretion of the District and according toits inspection protocols.” (The onus is on the operator. I don’t know whetherany department or agency wants to be responsible for monitoring whether it isdone.) 8b. - I just wanted to provide you with the code below regarding access roads. The primary concerns for the Fire District are that they can handle the imposed load of the largest fire apparatus (38 tons or 77,000 lbs) and that they are all-weather surfaces. NFPA 1 - 18.2.3.5.2 * Surface. Fire department access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with an all-weather driving surface. I added this sentence to the paragraph: “The access aisles and fire lanes shall be designed and maintained to support theimposed loads of fire apparatus.” From: "Irene Szedlmayer" <szedlmayeri@stlucieco.org> To: "Andres Elizondo" <AElizondo@slcfd.org> Date: 07/12/2023 03:31 PM Subject: RE: LDC Sec. 7.10.12.C., land clearing and yard trash recycling operations Good afternoon, Captain. Don’t mean to be pushy, but. . . ? To the extent you can try to prioritize review of this text among your many Page 206 of 209 duties, it is much appreciated. Thanks! Irene A. Szedlmayer, AICP| Senior Planner| Planning and Development ServicesPh: 772-462-1562 | 2300 Virginia Ave. Fort Pierce 34982 From: Irene Szedlmayer Sent: Monday, July 10, 2023 8:52 PM To: Andres Elizondo <AElizondo@slcfd.org> Subject: RE: LDC Sec. 7.10.12.C., land clearing and yard trash recycling operations Good morning, Captain. Thank you for the very helpful conversation yesterday. Attached are the draft amendments to LDC Section 7.10.12.C. Please let me know if you have any comments or suggestions. I believe your primary interests are in para 5 (starting on pg. 2); and para 6, starting on page 3. Fuel storage tanks are addressed in para. 10.d. (page 5), From a fire suppression point of view, if you would recommend that County staff recommend something less robust than requiring a fire hydrant every 25- feet with 750 gpm capacity, inside the Urban Service Boundary, please advise. (Paragraph 6.a., page 3) Thank you again for lending your expertise to this effort. Irene A. Szedlmayer, AICP| Senior Planner| Planning and Development ServicesPh: 772-462-1562 | 2300 Virginia Ave. Fort Pierce 34982 From: Irene Szedlmayer Sent: Wednesday, July 5, 2023 3:09 PM To: Andres Elizondo <AElizondo@slcfd.org> Subject: RE: LDC Sec. 7.10.12.C., land clearing and yard trash recycling operations Good afternoon, Captain Elizondo. I have a follow-up request for your input on amendments to the LDC for recycling of yard trash (vegetative debris). The code as currently in effect, LDC Section 7.10.12.C.4., provides in relevant part, as follows: Page 207 of 209 “All stockpiles shall be surrounded with a network of fully operating fire hydrants spaced at intervals of no more than two hundred fifty (250) feet. No portion of the stockpile yard shall be less than two hundred (200) feet from any fire hydrant. Each fire hydrant shall provide for a minimum fire flow of seven hundred fifty (750) gallons per minute, unless otherwise provided for by the St. Lucie County Fire District. The Applicant has proposed the following: “Stockpiles must be within two hundred fifty (250) feet of working fire suppression equipment which may include but not limited to fire hydrants providing no less than seven hundred fifty (750) gallons per minute, on site water trucks, gravity tanks, ditch pumps, etc. All methods of fire suppression must be approved by St. Lucie County Fire District.” Is the SLC Fire District comfortable with a code that allows fire suppression systems other than hydrants with 750 gpm capacity for yard trash recycling operations? Proposed yard waste recycling operations are required to obtain a conditional use permit (CUP) and an application for a CUP requires the Applicant to demonstrate adequacy of fire prevention: “The applicant for the proposed conditional use has obtained from the St. Lucie County Fire District confirmation, or has otherwise demonstrated by substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection." Your thoughts and comments would be greatly appreciated. Once I have a sound draft, it will be re-circulated for everyone’s review. Thank you, Captain. Irene A. Szedlmayer, AICP| Senior Planner| Planning and Development ServicesPh: 772-462-1562 | 2300 Virginia Ave. Fort Pierce 34982 From: Irene Szedlmayer Sent: Wednesday, July 5, 2023 11:29 AM To: Andres Elizondo <AElizondo@slcfd.org> Subject: LDC Sec. 7.10.12.C., land clearing and yard trash recycling operations Dear Captain Elizondo: I need your input, please. I am working on proposed amendments to the LDC proposed to accommodate and regulate the Marburger Ranch operation (TLDC-2301-000020). Is there a problem from the Fire District’s perspective with vegetative debris or mulch piles being stored atop the natural ground? The existing code, Sec. 7.10.12.C.6. provides: a. The base area on which the stockpiles are located must be constructed of either a concrete surface, asphalt surface, or other clean stabilized surface that is acceptable to the County. Stormwater controls and specific site elements shall be designed to prevent run-off from entering the processing and storageareas. Page 208 of 209 b. The access aisles between the stockpiles must be constructed of either a concrete surface, asphalt surface, or other paved surface that is acceptable to the County. Alternative surfaces may be consideredoutside the Urban Service Boundary as approved by the Board of County Commissioners through theConditional Use Permit. These surface materials may include, but are not limited to, asphalt millings,coquina rock, shell rock, and engineered surface products suitable for the expected vehicle loads andfrequency of use. I understand why the access aisles must be concrete surface, asphalt surface, or other cleanstabilized surface. But, I am not sure why we require the stockpiles to be located on concrete surface, asphalt surface, or other clean stabilized surface. Your input would be muchappreciated. Thank you. Irene A. Szedlmayer, AICP| Senior Planner| Planning and Development ServicesPh: 772-462-1562 | 2300 Virginia Ave. Fort Pierce 34982 Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding Countybusiness are public records available to the public and media upon request. It is the policy of St. Lucie County that all County recordsshall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosureunless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and deleteall materials from all computers. Page 209 of 209