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HomeMy WebLinkAboutAgenda Packet 01.20.2022PLANNING & ZONING COMMISSION AGENDA ST. LUCIE COUNTY Regular Meeting Thursday, January 20, 2022 6:00 PM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS CHAIRMAN JAMES TAYLOR VICE-CHAIRMAN ROBERT LOWE BOARD MEMBER CRAIG MUNDT BOARD MEMBER VALERIE SLACK BOARD MEMBER CRAIG BRIDGERS BOARD MEMBER ED LOUNDS AT-LARGE BOARD MEMBER LAWRENCE “BEAU” SLAY BOARD MEMBER WILLIAM O’DELL AT-LARGE BOARD MEMBER RYAN BINNER EX-OFFICIO BOARD MEMBER MARTY SANDERS Mission Statement St. Lucie Works to deliver superior service that enhances our quality of life Page 1 of 137 Regular Meeting Thursday, January 20, 2022 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 137 Regular Meeting Thursday, January 20, 2022 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 November 18, 2021 8.PUBLIC COMMENT 9.PUBLIC HEARINGS A.Joshua Long, AICP, Gunster Law Firm, on behalf of Florida Power and Light (FPL), is requesting an Amendment to the Official Zoning Atlas for a change in zoning from the AG-5 (Agricultural, Residential-5 - 1du/5ac) Zoning District to the CPUB (Conservation Public) Zoning District for one (1) parcel consisting of 134.19-acres located approximately 3,737 feet east of Center Street, in Okeechobee, Florida. B.Bradley Currie, AICP, Engineering Design & Construction Inc., on behalf of Ronald J & Denise K. Buchmeyer is requesting an Amendment to the Official Zoning Atlas for a change in zoning from the AR-1 (Agricultural, Residential-1 1du/ac) Zoning District to the PNRD (Planned Non-Residential Development) Zoning District and Preliminary Site Plan for one (1) parcel consisting of a 0.999- acres located south of Midway Road and west of Christensen Road in Fort Pierce. C.A County initiated Text Amendment to the Land Development Code to allow an alternative method for the subdivision of property in AG zoning Page 3 of 137 Regular Meeting Thursday, January 20, 2022 6:00 PM 4 | P a g e 10.WORKSHOPS 11.ELECTION OF OFFICIALS 12.OTHER BUSINESS 13.ADJOURN Page 4 of 137 PLANNING & ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA Regular Meeting November 18, 2021 Convened: 6:01 PM Adjourned: 7:55 PM 1.CALL TO ORDER The meeting was called to order at 6:01 PM by Chair Taylor. 2.PLEDGE OF ALLEGIANCE Pledge of Allegiance led by Chair Taylor. 3.INVOCATION Invocation led by Mr. O'Dell. 4.ROLL CALL Roll Call led by Board Secretary Present Chair James A. Taylor, Board Member Bob Lowe, Board Member Billy O'Dell, Board Member Craig Mundt, Board Member Ed Lounds, Board Member Lawrence "Beau" Slay, Board Member Ryan Binner, Board Member Valerie Slack, Board Member Craig Bridgers Excused Ex-Officio Marty Sanders 5.ANNOUNCEMENTS None. 6.DISCLOSURE(S) None. 7.MINUTES A.St. Lucie County Planning & Zoning Commission minutes for the meeting of October 21, 2021. Page 5 of 137 Planning & Zoning Commission Meeting Thursday, November 18, 2021 6:00 PM 2 | P a g e RESULT: APPROVE MOVER: Board Member Bob Lowe SECONDER: Board Member Billy O'Dell AYES: James A. Taylor, Bob Lowe, Billy O'Dell, Craig Mundt, Ed Lounds, Lawrence "Beau" Slay, Ryan Binner, Valerie Slack, Craig Bridgers NAYS: None EXCUSED: None 8.PUBLIC COMMENT None. 9.PUBLIC HEARINGS A.Arcosa Conditional Use Petition - The applicant is seeking approval of a Conditional Use petition to allow concrete manufacturing as a permitted use within the proposed Planned Non-Residential Development (PNRD) to be known as Arcosa. STAFF PRESENTATION: Kris McCrain, Planner II, SLC Planning Department, made a presentation. Presented both the Conditional Use (CU) and Planned Non-Residential Development (PNRD) combined. The applicant is proposing an 80,750 SF office / manufacturing facility which is located within the urban services district. The proposed development is centrally located within heavy industrial zoning districts residential parcels located to the east of the subject parcels. The property is proposing to contain a 77,750-sf manufacturing building and a 3,000-sf office with associated site improvements. The proposed development also includes the construction of Favorite Road with utility extensions to serve the proposed development. This petition conforms to the Standards of Review as set forth in St. Lucie County Land Development Code Section 11.07.03 and is consistent with the Goals, Objectives, and Policies of the St. Lucie County Comprehensive. Staff recommends the Planning and Zoning Commission forward the Petition to the Board of County Commissioners with a recommendation of approval. Conditions of Approval 1.The Planned Non-Residential Development shall always comply with the St. Lucie County noise ordinance, pursuant to Section 28-110 Sound Level Limitations. 2.All operations shall be limited between the hours of 7AM-10PM. 3.Prior to the issuance of a Vegetation Removal Permit or Exemption, whichever occurs first, a 100% gopher tortoise survey conducted by a state certified gopher tortoise agent per Florida Fish and Wildlife Conservation Commission (FWC) protocol shall be required. Page 6 of 137 Planning & Zoning Commission Meeting Thursday, November 18, 2021 6:00 PM 3 | P a g e 4.Prior to issuance of a Certificate of Occupancy, all Category I invasive plants shall be eradicated from the site. BOARD DISCUSSION: Board Member Valerie Slack inquired as to the applicant’s plan for dust control and air quality. Agent Brad Currie of EDC explained that this is a wet concrete mold manufacturing facility where there is not much dust. After the concrete poles are created in an indoor facility, they are delivered to the storage area via crane, traveling about 4mph. Hal Fonville from Arcosa explained that its washed aggregate and the concrete powder is confined and is stored at one end of the plant, away from neighbors where it gets mixed. Chair Taylor asked about anticipated noise levels. The concrete spinner machines are the noisiest. However, they will install interior walls designed to trap the noise per OSHA regulations. Mr. Lounds was also concerned about the noise level late at night and the transport heading down Midway Road. Mr. Fonville stated that it would be more likely to go until 7pm instead of 10 pm. Mr. Lounds also inquired about the length of the poles. Mr. Fonville responded there are some as long as 110ft. Mr. Curry responded that there is enough turning radius and auto turn for the poles. Kris McCrain also stated that turning analysis has been reviewed and approved by the DRC. Mr. Currie offered to have hours of operations cease at 7pm. Chair Taylor inquired as to how many truckloads per day with the response of 4-5 a day anticipated. Neighborhood buffering would include either an 8’ opaque fence or a cinderblock wall. Mr. Currie discussed the building being located west and approximately 800’ from the property line, including undeveloped land, a lake and a 10’ landscape buffer and 21’ upland planting around the lake and a 10’ littoral area for a total of about 41 feet of planting from white PVC fence. There will also be a wall around the concrete spinner machine. Mr. Lowe inquired about the time it takes for poles to come out into Midway and those that are longer require a special permit. Mr. Binner asked about lighting and Mr. Currie stated that the office and parking will have lighting to the west and security lights. Chair Taylor inquired about beeping. Kris McCrain stated that there is a white noise option approved by OSHA. Ms. Slack questioned the management of possible traffic closures due to trucks entering Midway Road. Mr. Benton spoke of alternatives. PUBLIC COMMENT: Favorite Road Neighbor Tammy Smith, 4339 Favortie Rd., was concerned about the noise and dust that would force her family to move after living there 22 years due to respiratory health concerns. Favorite Road Melanie Zolanger, 4221 Favorite Rd., inquired of when the neighborhood meeting took place because she received her letter 10 days ago. Mr. McCrain said the neighborhood meeting was held on 9/21/21 and the applicant was responsible for sending out the meeting notices. Ms. Zolanger also asked where the applicant was planning to store the aggregate and about noise concerns. Mr. McCrain referred back to the PowerPoint slide showing the silo in the NW corner of the property, about 800’ from the property line. Board Member Beau Slay explained his home backs up to an industrial area with less buffer Page 7 of 137 Planning & Zoning Commission Meeting Thursday, November 18, 2021 6:00 PM 4 | P a g e and it is not as bad as they were anticipating. Ms. Slack asked if the applicant would be willing to install a dust abatement system such as sprinklers around the silo and aggregate storage building in case there was dust created by the off-loading and material movement. Mr. Currie stated they would. Mr. Currie stated the equipment and material would be enclosed in the building and irrigation is planned. He further explained the contained system, where a hose transports the washed rock aggregate from the silo to inside the building where the mixer is located, minimizing dust, all is enclosed. Mr. Currie also stated that the future land use of the property is industrial. BOARD MOTION: Mr. ODell read the approval motion as follows. After considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in the St. Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission forward a recommendation of approval to the St. Lucie County Board of County Commissioners for a Conditional Use petition to allow concrete manufacturing as an allowable use within the Arcosa Planned Non-Residential Development, subject to the conditions of the resolution, because the proposed conditional use petition is consistent with the general purpose, goals and objectives of the St. Lucie County Land Development Code and the comprehensive plan. Clarified that it would include the hours of operations ceasing at 7pm as proposed by the applicant. RESULT: APPROVE MOVER: Board Member Billy O'Dell SECONDER: Board Member Ed Lounds AYES: James A. Taylor, Bob Lowe, Billy O'Dell, Craig Mundt, Ed Lounds, Lawrence "Beau" Slay, Ryan Binner, Valerie Slack, Craig Bridgers NAYS: None EXCUSED: None B.Arcosa Preliminary Planned Non-Residential Development (PNRD) Rezoning & Site Plan - The applicant is seeking preliminary approval of a Planned Non-Residential Development Site Plan to be known as Arcosa. The preliminary site plan proposes a 77,750 square foot concrete manufacturing facility, a 4,000 square foot office, and associated site improvements. STAFF PRESENTATION: Kris McCrain, Planner II, SLC Planning Department, presented Arcosa Preliminary Planned Non-Residential Development (PNRD) Rezoning & Site Plan. The applicant is seeking preliminary approval of a Planned Non-Residential Development Site Plan to be known as Arcosa. The preliminary site plan proposes a 77,750 square foot concrete manufacturing facility, a 4,000 square foot office, and associated site improvements. BOARD MOTION: Page 8 of 137 Planning & Zoning Commission Meeting Thursday, November 18, 2021 6:00 PM 5 | P a g e Motion for Approval by Ms. Slack with stipulations described earlier with concrete wall construction, dust dampening measures and traffic issues previously discussed. They have done well by the neighbors to limit dust and noise and placing all major activity to the far northwest part of the property. RESULT: APPROVE MOVER: Board Member Valerie Slack SECONDER: Board Member Bob Lowe AYES: James A. Taylor, Bob Lowe, Billy O'Dell, Craig Mundt, Ed Lounds, Lawrence "Beau" Slay, Ryan Binner, Valerie Slack, Craig Bridgers NAYS: None EXCUSED: None C.WaWa Midway & Selvitz Preliminary Planned Non-Residential Development (PNRD) Rezoning & Site Plan - The applicant is seeking approval of a Planned Non-Residential Development Rezoning and Preliminary Site Plan to be known as WaWa Midway & Selviltz (PNRD). SLC PRESENTATION: Jodi Kugler, Senior Planner, SLC Planning Department, made a presentation. The applicant is seeking approval of a Planned Non-Residential Development Rezoning and Preliminary Site Plan to be known as WaWa Midway & Selvitz (PNRD), a gas station with alcohol sales and outdoor seating in Fort Pierce. Condition of Approval: Access as shown on the Preliminary Site Plan is not approved with this application. Any proposed access beyond the side property adjacent to Midway Road will require a cross access easement with adjacent property owners prior to final approval of the site plan. APPLICANT: Brad Currie stated that the PNRD process changes are working well and that the applicant is available for questions. BOARD DISCUSSION: Mr. Binner inquired about the buffering preference of fence or concrete wall. Mr. Currie stated that a fence was what was agreed upon during the neighborhood meeting. Ms. Slack inquired about the access referred to in the condition. Ms. Kugler responded that it would be for the 2nd parcel to the west. David Baggett EDC stated that they have been talking to DOTwith regards to Midway improvements to include a left turn lane for the 2nd parcel. Mr. Binner inquired about fuel delivery trucks ingressing and egress. Scott Karney from Wawa stated that they can access either access point without u-turn movement. Ms. Slack inquired regarding fuel tank locations which are on the southeast corner of the site plan. Mr. Karney responded regarding Ms. Slack's inquiry on spills stating that the gas tanks are double walled and pressurized, they are monitored 24/7 and 365 days a year by headquarters in Pennsylvania and they shut down immediately. Above ground spills, are notified to the local staff who are equipped with spill kits. The parking lot is curbed and spills would go to the rear and retention area to the north. CMr. Slay inquired about the parcel to the west. It is not Page 9 of 137 Planning & Zoning Commission Meeting Thursday, November 18, 2021 6:00 PM 6 | P a g e advertised at the moment. PUBLIC HEARING: None BOARD DISCUSSION Mr. Mundt made a motion for approval. After considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in the St. Lucie County land development code, I hereby move that the Planning and Zoning commission forward a recommendation of approval to the St. Lucie County Board of County Commissioners for an amendment to the official zoning atlas for a planned non-residential development (PNRD) rezoning from CN, commercial neighborhood zoning district to the PNRD zoning district and preliminary site plan for a retail convenience store with alcohol sales and outdoor seating, including a fueling station and canopy within the WaWa Midway & Selvitz PNRD, subject to the conditions of the resolution because the application is consistent with the St. Lucie County Comprehensive plan and satisfies standards for review of the St. Lucie County LDC. RESULT: APPROVE MOVER: Board Member Craig Mundt SECONDER: Board Member Billy O'Dell AYES: James A. Taylor, Bob Lowe, Billy O'Dell, Craig Mundt, Ed Lounds, Lawrence "Beau" Slay, Ryan Binner, Valerie Slack, Craig Bridgers NAYS: None EXCUSED: None D.MMR RV Park Planned Non-Residential Development (PNRD) Rezoning & Preliminary Site Plan - The applicant is requesting a Planned Non-Residential Development (PNRD) Rezoning & Preliminary Site Plan to develop an eighty (80) lot recreational vehicle park with amenities on a 16.97-acre parcel of land within the MMR RV Park PNRD. The Rezoning from CG, Commerical, General Zoning District to PNRD Zoning District. SLC PRESENTATION: Jodi Kugler, Senior Planner, SLC Planning Department. The applicant is requesting a Planned Non-Residential Development (PNRD) Rezoning & Preliminary Site Plan to develop an eighty (80) lot recreational vehicle park with amenities on a 16.97-acre parcel of land within the MMR RV Park PNRD. The Rezoning from CG, Commercial, General Zoning District to PNRD Zoning District.The proposed PNRD Rezone & Preliminary Site Plan conform to the Standards of Review as set forth in St. Lucie County Land Development Code Sections 11.06.03 & 11.02.07 and have been found to be consistent with the Goals, Objectives, and Policies of the St. Lucie County Comprehensive. Staff recommends the Planning and Zoning Commission forward a recommendation of Page 10 of 137 Planning & Zoning Commission Meeting Thursday, November 18, 2021 6:00 PM 7 | P a g e approval to the Board of County Commissioners, subject to the following Conditions of Approval: Prior to approval of the Final/Major Site Plan, the applicant shall demonstrate compliance with Land Development Code, Section 7.10.24 Community Architectural Standards for the clubhouse, including a lighting and sign plan. Recreational Vehicle (RV) sites should be for rental only. No sale of individual sites is permitted. The length of stay of each rental site is limited to 180 days in accordance with the Florida statute. APPLICANT: Brad Currie, agent from EDC, explained that they used the PNRD to restrict the use to just recreational vehicles. Mr. Binner inquired about tiny homes and the age of the vehicle restrictions. Mr. Currie responded that it would only be for RV's and there is no age restriction on the vehicles as long as they run. Mr. Mundt inquired about the neighborhood meeting. Mr. Currie responded that the determination was made using a list provided by the county for owners within a 500 ft radius and that no one was in attendance but allowed for zoom or virtual option as well. Chair Taylor inquired about the RV park to the south do not get noticed. Ms. Slack inquired about the buffers in the site plan. Mr. Currie responded about the buffers and proposed amenities. Each space has a 60x105 ft RV space, a car and patio area and water sewer and electric and life station tied to the sewer. PUBLIC HEARING: None. BOARD DISCUSSION/ MOTION: Mr. Binner motioned in favor of the project as follows: After considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in the St. Lucie County land development code, I hereby move that the planning and zoning commission forward a recommendation of approval to the St. Lucie County Board of County Commissioners for an amendment to the official zoning atlas for a Planned Non- Residential Development (PNRD) rezoning from CG commercial general zoning district to the PNRD zoning district and preliminary site plan to develop a 80 lot recreational vehicle RV park to be known as MMR RV park PNRD, subject to the conditions of the resolution. RESULT: APPROVE MOVER: Board Member Ryan Binner SECONDER: Board Member Craig Bridgers AYES: James A. Taylor, Bob Lowe, Billy O'Dell, Craig Mundt, Ed Lounds, Lawrence "Beau" Slay, Ryan Binner, Valerie Slack, Craig Bridgers NAYS: None EXCUSED: None 10.WORKSHOPS Page 11 of 137 Planning & Zoning Commission Meeting Thursday, November 18, 2021 6:00 PM 8 | P a g e 11.OTHER BUSINESS Leslie Olson, Director of Planning and Development Services, stated that the one anticipated project before the holidays is not ripe, so there will be no meeting for December 2021. 12.ADJOURN Meeting Adjourned at 7:55 PM Page 12 of 137 ITEM NO.(ID # 2022-54600) DATE:1/20/2022 AGENDA REQUEST TO:Planning and Zoning Commission PRESENTED BY:Jodi Nentwick, Senior Planner SUBMITTED BY:Planning & Development Services SUBJECT:Joshua Long, AICP, Gunster Law Firm, on behalf of Florida Power and Light (FPL), is requesting an Amendment to the Official Zoning Atlas for a change in zoning from the AG-5 (Agricultural, Residential-5 - 1du/5ac) Zoning District to the CPUB (Conservation Public) Zoning District for one (1) parcel consisting of 134.19-acres located approximately 3,737 feet east of Center Street, in Okeechobee, Florida. BACKGROUND: The applicant submitted a Major Site Plan to construct and operate a 74.5 Mega-Watt (MW) Photovoltaic Solar Center and Lot Split application where the parent parcel totaling 586.05 acres was split into two (2) parcels known as West Parcel totaling 451.86-acres and East Parcel totaling 134.19-acres. The applicant is requesting to rezone the East Parcel from Agricultural- (AG-5) to Conservation Public (CPUB). The project is located at 14697 E. Center Street in Fort Pierce, which borders Okeechobee County on the west permitter, and is approximately 3.5 miles south of SR 70 and one (1) mile east of SE 128th Avenue in unincorporated St. Lucie County. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Planning and Zoning Commission forward recommendation of approval to the Board of County Commissioners. COMMISSION ACTION: RESULT: MOVER: SECONDER:None AYES:None Page 13 of 137 NAYS:None EXCUSED:None Coordination/Signatures Date: January 14, 2022 Benjamin Balcer, Planning & Development Services Assistant Director Date: January 17, 2022 Daniel McIntyre, County Attorney Date: January 18, 2022 Mark Satterlee, Deputy County Administrator Page 14 of 137 Planning Division Agenda Item Summary Applicant/Property Owner: Michael W. Sole Florida Power & Light Company 700 Universe Boulevard Juno Beach, FL 33408 Agent: Joshua I. Long, AICP Gunster Law Firm 800 S.E. Monterey Commons Blvd. Suite 200 Stuart, FL 34996 Project Location(s): TBD—Center Street (Okeechobee) Parcel ID(s)#: 4119-111-0002-000-2 Future Land Use : AG-5 (Agricultural –5 1du/5ac) Existing Zoning: AG-5 (Agricultural –5 1du/5ac) Proposed Zoning: CPUB (Conservation Public) Staff Jodi Nentwick-Kugler Tel 772-462-1580 Email NentwickJ@stlucieco.org Mail 2300 Virginia Avenue, Fort Pierce, Florida 34982 Florida Power & Light CPUB Rezone Petition Amendment to the Official Zoning Atlas (Rezoning) AG-5 (Agricultural-5) to CPUB (Conservation Public) Project Description The petitioner, Florida Power & Light Company is requesting an Amendment to the Official Zoning Atlas for a change in zoning (Rezoning) from the AG-5 (Agricultural-5 1du/5ac) Zoning District to the CPUB (Conservation Public) Zoning District for one (1) parcel consisting of 134.19 acres located approximately 3,737 feet east of Center Street, Okee- chobee, Florida. To construct a 74.5 Mega-Watt (MW) Photovoltaic Solar Facility to the west located at 4697 E. Center Street in Fort Pierce, which borders Okeechobee County on the west perimeter in unincor-porated St. Lucie County, Florida The purpose of the CPUB Conserva- tion—Public Zoning District is to provide an environment suitable for protection, preservation or enhancement of public lands in the community, together with such uses as may be compatible with public and quasi-public surroundings. The St. Lucie County Planning and Zon- ing 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. Notice Requirements Public hearing notice in accordance with Section 11.00.03 of the Land Develop- ment Code was placed in the St. Lucie News Tribune on Friday, January 14, 2022, Notices were sent to three (3) property owners within the 500 foot radi-us of the subject site, and a sign was posted on the property. The Planning Department received no responses. Staff’s Recommendation Forward this petition to the Board of County Commissioners with a recom- mendation of approval. Hearing Date Thursday January 20, 2022 PLANNING AND ZONING COMMISSION Page 15 of 137 Planning and Development Services Department Planning Division M E M O R A N D U M GENERAL INFORMATION Property Owner(s): Michael W. Sole Florida Power & Light Company (FPL) 700 Universe Boulevard Juno Beach, FL 33408 Agent: Joshua I. Long, AICP Gunster Law Firm 800 S.E. Monterey Commons Boulevard, Suite 200 Stuart, FL 34996 Location: TBD – The property is located approximately3,737 feet east from Center Street in Okeechobee, FL Parcel ID Number: 4119-111-0002-000-2 Existing Use: Undeveloped Future Land Use: AG-5 (Agricultural-5 1du/5ac) Existing Zoning: AG-5 (Agricultural-5 1du/5ac) Proposed Zoning CPUB (Conservation Public) Requested Action: Change in zoning from AG-5 (Agricultural, Residential – 5) to CPUB (Conservation Public) Urban Service Boundary: The subject site is located outside the Urban Service Boundary (USB) Fire/EMS: The site will be serviced by Station #2, Okeechobee County Fire Rescue District (3511 SE 38th Avenue, Okeechobee) approximately 8.3 miles away TO: Planning and Zoning Commissioners THROUGH: Leslie Olson, AICP, Director Ben Balcer, AICP, Assistant Director FROM: Jodi Nentwick-Kugler, Senior Planner DATE: January 13, 2022 SUBJECT: Florida Power & Light (FPL) CPUB Rezone Amendment to the Official Zoning Atlas (Rezoning) RZ-11202126230 Page 16 of 137 Petition: Florida Power & Light Company Rezone File No.: RZ-11202126230 Page 2 Utilties: No utility service demands are anticipated, but are limited to Well & Septic Type of Concurrency Document Required: Concurrency Deferral Affidavit BACKGROUND ANALYSIS The applicant, Florida Power & Light Company, and representative Joshua I. Long, AICP, of the Gunster Law Firm are requesting an Amendment to the Official Zoning Atlas from the AG-5 (Agricultural-5 1du/5ac) Zoning District to the CPUB (Conservation Public) Zoning District for a vacant parcel consisting of 134.19-acres which is located outside the Urban Service Boundary (USB). The site is generally located east of 14697 E. Center Street in Ft. Pierce, which borders Okeechobee County on the west perimeter, and is approximately 3.5 miles south of SR 70 and 1 mile east of SE 128th Avenue in unincorporated St. Lucie County. The applicant is proposing to construct and operate a 74.5 MW Photovoltaic Solar Center, submitting petitions for a Lot Split and Major Site Plan, concurrent to this rezoning request, where the parent parcel totaling 586.05 acres was split into two (2) separate parcels known, as West Parcel totaling 451.86 acres and East Parcel totaling 134.19 acres. The applicant is seeking approval to rezone the East Parcel from Agricultural-5 (AG-5) to Conservation Public (CPUB), excepting these lands from the proposed development scope. There are no roads, public or private, from the St. Lucie County side which provide access to either West or East Parcel. Access to the West Parcel is via Center Road, an existing public right-of-way in Okeechobee County. The purpose of the CPUB Conservation—Public Zoning District is to provide an environment suitable for protection, preservation, or enhancement of public lands in the community, together with such uses as may be compatible with public and quasi-public surroundings. Aerial Map Page 17 of 137 Petition: Florida Power & Light Company Rezone File No.: RZ-11202126230 Page 3 *************************************************************************************** STANDARDS OF REVIEW AS SET FORTH IN THE LAND DEVELOPMENT CODE SECTION 11.06.03 In reviewing this application for an amendment to the Official Zoning Atlas, the Board of County Commissioners and the Planning and Zoning Commission shall consider and make the following determinations: A. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed rezoning to the CPUB (Conservation Public) Zoning District is consistent with the St. Lucie County Land Development Code (LDC) and meets the Standards of Review set forth in LDC Section 11.06.03, as displayed in Sections A thru H of this report. The rezoning is consistent with LDC Section 11.09.02(A), Table 11-1 - Zoning District/ Land Use Category Compatibility Chart and the site meets the dimensional requirements set forth in Section 7.04.00 and Table 7-10 – Lot Size and Dimensional Requirements for the CPUB (Conservation Public) Zoning District. The proposed CPUB Zoning District is consistent with surrounding parcels, providing the use scope in LDC Section 3.01.03(HH) and District purpose. Future Land Use: The Future Land Use designation of the subject property is AG-5 (Agricultural-5 1du/5ac). The AG-5 land use designation is intended for those areas of the County outside of the planned urban service area which are associated with agricultural and agricultural-related activities. These areas are recognized for first being appropriate for the production of citrus, cash crops, or ranching activities. These areas are acknowledged as potentially suitable for limited residential and nonresidential development under the following criteria: • All residential and nonresidential development must be in accordance with applicable standards and restrictions as set forth in the Land Development Code; • All residential development proposals in excess of forty-five (45) units must be approved through the Planned Development (PD) process as provided for in the Land Development Code; • Any activity other than crop or food product related production, including combinations of properties/uses, in excess of 200 acres should identify appropriate mechanisms for funding the operation and maintenance of necessary infrastructure. Any utility infrastructure shall be consistent with the Infrastructure Element. • Residential densities are set at a maximum of 0.20 units per gross acre (one unit per 5 gross acres). Current Zoning: The property is zoned AG-5 (Agricultural-5). “The purpose of this district is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of one (1) dwelling unit per five (5) gross acres.” Page 18 of 137 Petition: Florida Power & Light Company Rezone File No.: RZ-11202126230 Page 4 Proposed Zoning: The proposed zoning of the subject property is CPUB (Conservation Public). The purpose of this district is “to provide an environment suitable for protection, preservation or enhancement of public lands in the community, together with such uses as may be compatible with public and quasi-public surroundings.” B. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed rezoning to the CPUB (Conservation Public) Zoning District is consistent with the AG-5 (Agricultural - 5) Future Land Use designation as per Comprehensive Plan Table 1-3 - Land Use Designation / Zoning Compatibility Chart. Table 1-3 - Land Use Designation / Zoning Compatibility Chart Zoning Districts Future Land Use Categories AG -5 AG -2. 5 RE RS RU RM RH R/ C CP U B CO M IN D P/ F MX D SD H T/ U TV C CPUB X X X X X X X X X X X X X X X X X The proposed Amendment is consistent with the Comprehensive Plan Future Land Use Element, including the following Policy: Policy 1.1.11.14 - The County shall work with other agencies to consider the financial feasibility of a plan to promote (through acquisition) or protect (through incentives), the establishment of designated wildlife corridors connecting habitat in order to allow the survival of far-ranging species and prevent the isolation of natural communities. This plan is to be developed in cooperation with the Florida Fish and Wildlife Conservation Commission, the U.S. Fish and Wildlife Service, the Department of Environmental Protection, the South Florida Water Management District, Department of Agriculture and Consumer Services, the US Army Corps of Engineers and affected landowners. C. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; As stated above, the CPUB (Conservation Public) Zoning District is compatible with the AG-5 (Agricultural – 5) Future Land Use designation as per the Land Development Code (LDC) and Comprehensive Plan. This amendment will not create a conflict with the surrounding zoning districts. Surrounding Land Use and Zoning Location Zoning District Future Land Use Existing Land Use Subject Property AG-5 (Agricultural-5) AG-5 (Agricultural-5) Vacant Adjacent Parcels North AG-5 (Agricultural-5) AG-5 (Agricultural-5) Vacant South AG-5 (Agricultural-5) AG-5 (Agricultural-5) Vacant East AG-5 (Agricultural-5) AG-5 (Agricultural-5) Vacant West AG-5 (Agricultural-5) AG-5 (Agricultural-5) Vacant Page 19 of 137 Petition: Florida Power & Light Company Rezone File No.: RZ-11202126230 Page 5 D. Whether there have been changed conditions that require an amendment; The property ‘s characteristics and anticipated preservation align with the CPUB zoning district. The applicant purposing to construct and operate a 74.5 MW Photovoltaic Solar Center and submitted concurrent petitions for a Lot Split and Major Site Plan where the parent parcel totaling 586.05 acres was split into two (2) separate parcels known, as West Parcel totaling 451.86 acres and East Parcel totaling 134.19 acres. The subject parcel will not be developed and with plans for conservation. 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 proposed change in zoning should not affect the acceptable level of service capacity of transportation facilities, parks, drainage, schools, solid waste, mass transit, or emergency medical facilities. The CPUB Zoning District is associated with minimal impacts on public infrastructure and neighboring private property. The transition to the CPUB District is considered a “down-zoning” due to the decrease of potential development intensity and corresponding impacts. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; Background The Environmental Resources Department (ERD) is in receipt of Planning and Development Services November 17, 2021, date-stamped submittal. Following approval of a Major Site Plan (MJSP-9202126162) to construct and operate a 74.5 MW Photovoltaic Solar Center (“Facility”) and an After-The-Fact (ATF) Lot Split application (LS-8202126120) where the parent parcel totaling 586.05 acres was split into two (2) separate parcels known, as West Parcel totaling 451.86 acres and East Parcel totaling 134.19 acres, the applicant is seeking approval to rezone the East Parcel from Agricultural-5 (AG-5) to Conservation Public (Cpub). There are no roads, public or private, from the St. Lucie County side which provide access to either West or East Parcel. Access to the West Parcel is via Center Road, an existing public right-of-way in Okeechobee County. The project is located at 14697 E. Center Street in Ft. Pierce, which borders Okeechobee County on the west perimeter, and is approximately 3.5 miles south of SR 70 and 1 mile east of SE 128th Avenue in unincorporated St. Lucie County. Findings This submittal does not propose any new construction activities to the parcel and the rezoning from AG-5 to CPUB is not anticipated to result in any adverse environmental impacts, but rather assist in the preservation of environmentally sensitive lands. Following a site visit by ERD staff, uplands containing native vegetation exist onsite, and according to the National Wetlands Inventory, the site appears to contain a significant portion of a larger jurisdictional wetland system; however, a wetland jurisdictional determination from the South Florida Water Management District (SFWMD) would be required to confirm this designation. If site development activities are proposed in the future, ERD will conduct further review through the site plan or building permit review process to ensure compliance with the Land Development Code and Comprehensive Plan. Recommendation ERD has no objection to the approval of the proposed CPUB rezone with the conditions outlined below. Recommendation ERD has no objection to the approval of the referenced rezone application. G. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; Page 20 of 137 Petition: Florida Power & Light Company Rezone File No.: RZ-11202126230 Page 6 The proposed change in zoning will result in an orderly and logical development pattern. The proposed parcel is located outside the Urban Service Boundary, with existing undeveloped property largely surrounding the site. Additionally, the proposed zoning recognizes the unique character and its high-quality environmental features. H. 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 CPUB (Conservation Public) Zoning District is not in conflict with the public interest and is in harmony with the purpose and intent of the Land Development Code. CONCLUSION: Staff has reviewed this petition and determined that it conforms to the Standards of Review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is consistent with the St. Lucie County Comprehensive Plan Goals, Objectives, and Policies. RECOMMENDATION: Staff recommends the Planning and Zoning Commission forward a recommendation of approval to the Board of County Commissioners with the following conditions of approval: 1. Prior to any future development approvals, the developer shall provide a wetland jurisdictional determination for all onsite wetlands and their associated upland buffers from the South Florida Water Management District. 2. Within one (1) year of approval for this rezone, an eradication program shall be established to remove and maintain the parcel free from all Category I invasive plant species. Page 21 of 137 Resolution No. 2022-XXX Page 1 RZ-11202126230 RESOLUTION NO. 2022-XXX File No.: 11202126230 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING/DENYING A CHANGE IN ZONING FROM THE AG-5 (AGRICULTURAL – 5 1DU/5AC) ZONING DISTRICT TO THE CPUB (CONSERVATION PUBLIC) ZONING DISTRICT FOR A 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 owner, Florida Power & Light Company, and representative Joshua I. Long, AICP, with Gunster Law Firm, petitioned for an Amendment to the Official Zoning Atlas to change the zoning from the AG-5 (Agricultural – 5 1du/5ac) Zoning District to the CPUB (Conservation Public) 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 January 20, 2022, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve/deny the change in zoning from the AG-5 (Agricultural – 5 1du/5ac) Zoning District to the CPUB (Conservation Public) Zoning District. 3. On ___________, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 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. 6. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as Exhibit “B” was signed by the applicant on XXXXX. 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 AR-5 (Agricultural – 1 1du/5ac) Page 22 of 137 Resolution No. 2022-XXX Page 2 RZ-11202126230 Zoning District to the CPUB (Conservation Public) Zoning District is being granted/denied is described as follows: LEGAL DESCRIPTION: Being a parcel of land lying in a portion of Sections 19 and 20, Township 37 South, Range 37 East, St. Lucie County, Florida, more particularly described as follows; Begin at the Northeast corner of Section 19; thence North 89°42'03" East, along the North line of Section 20, a distance of 1,260.00 feet; thence South 00°12' 43" East, a distance of 2,978.03 feet; thence North 65"54'51" West, a distance of 385.34 feet; thence South 86"12'33" West , a distance of 451.57 feet ; thence North 27"45'06" West, a distance of 1,297.80 feet; thence North 64°28'39" West, a distance of 972.54 feet; thence South 46"32'56" West, a distance of 480.70 feet to a point of curve to the right having a radius of 373.57 feet and a central angle of 81"14'24"; thence Westerly along the arc a distance of 529.68 feet; thence North 07°35'41" West, a distance of 45.46 feet; thence South 81"28'09" West, a distance of 37.79 feet to the intersection with a non-tangent curve concave to the East, having a radius of 373.57 feet, the chord of which bears North 21"15'58" East, 67 4.21 feet ; thence Northeasterly along the arc of said curve, a distance of 840.74 feet through a central angle of 128°56'57"; thence North 85"44'27" East, a distance of 344.17 feet; thence North 07"42'51" East, a distance of 245.88 feet; thence North 14"46'25" West, a distance of 587.02 feet; thence North 45"38'24" West, a distance of 170 .13 feet to the North line of Section 19; thence North 89"43'08" East, along the North line of Section 19, a distance of 1,542.08 feet to the POINT OF BEGINNING. Containing 134.190 acres, more or less. Location(s): TBD Parcel ID(s): 4119-111-0002-000-2 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-5 (Agricultural – 5 1du/5ac) Zoning District to the CPUB (Conservation Public) 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, return receipt requested, to the owner and agent of record as identified on the application. D. This Resolution shall be recorded in the Public Records. Page 23 of 137 Resolution No. 2022-XXX Page 3 RZ-11202126230 After motion and second, the vote on this resolution was as follows: Sean Mitchell, Chair XXX Frannie Hutchinson, Vice-Chair XXX Chris Dzadovsky, Commissioner XXX Linda Bartz, Commissioner XXX Cathy Townsend, Commissioner XXX PASSED AND DULY ADOPTED This _XX_ day of __XXXXXXX__ 2022. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY _________________________ Chair ATTEST: APPROVED AS TO FORM AND CORRECTNESS: __________________________ _________________________ Deputy Clerk County Attorney Page 24 of 137 Resolution No. 2022-XXX Page 4 RZ-11202126230 Exhibit “A” (Boundary Survey) Page 25 of 137 Resolution No. 2022-XXX Page 5 RZ-11202126230 Exhibit “B” Page 26 of 137 Page 27 of 137 Page 28 of 137 Page 29 of 137 Page 30 of 137 Page 31 of 137 Page 32 of 137 Page 33 of 137 Page 34 of 137 Page 35 of 137 Page 36 of 137 Date Mailed Friday, January 6, 2022 Planning and Development Services Department 772.462. 2822 Applicant/Property Owner: Michael W. Sole Florida Power & Light Company 700 Universe Boulevard Juno Beach, FL 33408 Agent: Joshua I. Long, AICP Gunster Law Firm 800 S.E. Monterey Commons Blvd. Suite 200 Stuart, FL 34996 Project Location(s): TBD-approx. 3,737 feet east of Center Street, Okeechobee, Florida Parcel ID#: 4119-111-0002-000-2 Future Land Use : AG-5 (Agricultural-1 du/5ac) Existing Zoning: AG-5 (Agricultural, Residential-5 1du/5ac) Proposed Zoning: CPUB (Conservation Public) Staff Jodi Nentwick-Kugler Tel 772-462-1580 Email NentwickJ@stlucieco.org Mail 2300 Virginia Avenue, Fort Pierce, Florida 34982 Public Hearing Notice Thursday, January 20, 2022 Notice of Proposed Amendment to the Official Zoning Atlas Project Description The applicant’s agent, Joshua I. Long, AICP, Gunster Law Firm is requesting an Amendment to the Official Zoning Atlas for a change in zoning (Rezoning) from the AG-5 (Agricultural, Residential-5 1du/5ac) Zoning District to the CPUB (Conservation Public) Zoning District for one (1) parcel consisting of 134.19 acres located approximately 3,737 feet east of Center Street, Okeechobee, Florida. The purpose of the CPUB Conserva- tion—Public Zoning District is to provide an environment suitable for protection, preservation or enhancement of public lands in the community, together with such uses as may be compatible with public and quasi-public surroundings. The St. Lucie County Planning and Zon-ing 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 Planning and Zoning Commission strongly encourages your input and comment at the public hearing. The pub-lic will be able to physically attend this meeting, but seating in the Chambers will be regulated to comply with social distancing protocols. Members of the public who do not attend are encour- aged to wear masks or similar devices, which cover the nose and mouth. You may also mail or email written comments regarding this proceeding in advance of the public hearing for inclusion in the official record. Public comment for upcoming meetings can be submitted several ways: Email: NentwickJ@stlucieco.org or Anyone with a disability requiring ac- commodations to attend this meeting may contact the SLC Community Risk Manager at least 48 hours in advance at 772-462-1546 or TDD 772-462-1428. Meeting Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Meeting Time: 6:00 PM (or soon thereafter) PLANNING AND ZONING COMMISSION This notice is provided because you are an owner of property within 500 feet of the petition site. Page 37 of 137 PLANNING AND DEVELOPMENT SERVICES DEPARTMENT Planning Division POSTING OF NOTICE SIGN CONTENT FORM Project Name: Florida Power & Light CPUB Rezone (Bluefield) Project File No. RZ-11202126230 Applicant(s): Florida Power & Light Company Agent: Joshua I. Long, AICP (Gunster Law Firm) Public Hearing Body: and Date: Public Hearing Body: Public Hearing Date: Planning & Zoning Commission January 20, 2022 Board of County Commissioners February 15, 2022 (Tentative Date) One (1) sign must be installed no later than Friday, January 7, 2022 for the Planning and Zoning Commission Hearing. Submit a signed and notarized affidavit along with two (2) date stamped color photos of the installed sign to the St. Lucie County Planning and Development Services Department – Planning Division office by Tuesday, January 11, 2022 (Please see attachments). All photos must be submitted electronically. Failure to submit verification of posting public notice in advance of the hearing in specification with the dates above will result in the petition being removed from the agenda. Please contact the Project Manager, Jodi Nentwick-Kugler at (772) 462-1580 if you have any questions. Required Sign Content: NOTICE OF PUBLIC HEARING Public Hearing to Rezone approximately 134.19 acres from AG-5, Agricultural-5, 1du/5ac) to CPUB, Conservation Public. The property is located approximately 3,737 feet east from Center Street in Okeechobee County, Florida. The first PUBLIC HEARING for this item is to be held before Planning & Zoning Commission on Thursday, January 20, 2022, at 6:00 P.M. or as soon thereafter as possible in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce. The second PUBLIC HEARING for this item is to be held before the Board of County Commissioners on Tuesday, _____________ 2022, at 6:00 P.M. or as soon thereafter as possible in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida. Property Owner(s): Florida Power & Light Company Parcel ID Number(s): 4119-111-0002-000-2 Project Number(s): RZ-11202126230 Copies of the petition are available at the front desk in the Planning and Development Services Department, County Administration Building, 2300 Virginia Avenue, Fort Pierce. If you have any questions, please call the Planning and Development Services Department at (772) 462-2822. Approximately 3,737 feet Page 38 of 137 Posted Sign Locations (Sign #1 @ Center Street – With Arrow) Sign posted on Center Street with Arrow pointed towards subject property outlined in RED Center Street Page 39 of 137 PLANNING AND DEVELOPMENT SERVICES DEPARTMENT Planning Division POSTING OF NOTICE SIGN REQUIREMENTS FORM All Public Notice Signs must be printed by a professional printer. A locate for underground utilities must be conducted on the property by calling 811 or 1-800-432-4770 at least 3 days prior to digging and installation of the sign. Sign wording to be provided by the SLC Planning Division on the “Posting of Notice Sign Content” form at least 20 days prior to the required Public Hearing. Times may vary depending on Code requirements and / or types of applications. SIGN: Sign Material Waterproof Sign Size 3 x 5 ft. in area, Minimum Sign Color Yellow Font Arial Text Size Header: 4” Minimum Body: 2” Minimum Text Color Black INSTALLATION: Height: 8’ at center of sign Location As indicated on attached map Reasonable maintenance of the sign(s) by the applicant is required to ensure that the required sign(s) remain unobstructed and legible. All posted signs must be removed by the applicant within ten days after final action has been taken on the application. Page 40 of 137 Posted Sign Locations (Sign #1 @ Center Street – With Arrow) Page 41 of 137 Revised 3/16/2011 AFFIDAVIT COMPLIANCE WITH POSTING OF NOTICE REQUIREMENTS STATE OF FLORIDA COUNTY OF __________ ________________________________________, being first duly sworn deposes and states: 1. I am the owner or the agent for the project known as Florida Power & Light CPUB Rezone (Bluefield) for the following petitions: File No.: RZ-11202126230. 2. I hereby certify that I have complied with the notice requirements set forth in Section 11.00.03.E. of the St. Lucie County Land Development Code for the Planning and Zoning Commission public hearing to be conducted on January 20, 2022, and the Board of County Commissioners public hearing to be conducted on a later date to be determined on the above-referenced petition. The required sign was printed and posted to the specifications listed on the Sign Content and Sign Requirements forms provided by the St Lucie County Planning and Development Services - Planning Division on ______________________. The following required documentation is attached: A. Dated Photo submitted electronically (Close up) _____ B. Dated Photo submitted electronically (Distant) _____ Further affiant sayeth not. _________________________ Signature of Affiant STATE OF FLORIDA COUNTY OF ________________ The foregoing instrument was acknowledged before me this ___ day of _____________, 20___, by ___________________________________. Said person __ is personally known to me, __ produced a driver's license issued by a state of the United States within the last five (5) years as identification, or __ produced other identification, to wit _______________________________. ______________________________ Notary Public, State of ______________________________ Typed or Printed Name of Notary Commission No.: My Commission expires: Page 42 of 137 Page 43 of 137 Page 44 of 137 Page 45 of 137 Page 46 of 137 Page 47 of 137 Page 48 of 137 Page 49 of 137 Page 50 of 137 Page 51 of 137 1 ParcelID StreetName CuO1LastName CuO1FirstName 4120-332-0001-000-8 Bluefield Dairy RD Amistad Holdings LLC 4118-111-0001-000-2 TBD D & B Inc 4117-121-0001-000-0 TBD D & B Inc 4119-111-0001-000-5 TBD GT Property Management LLC 4120-111-0001-000-9 TBD McIntosh (TR)David Mailout.xls Page 52 of 137 2 CuO2LastName CuO2FirstName CuOStreet1 CuOStreet2 1 N Clematis ST Ste 200 9300 S Dadeland Blvd FL 5 9300 S Dadeland Blvd FL 5 PO Box 535 Iglehart (TR)Philip C 7932 Flagler Ct S Mailout.xls Page 53 of 137 3 CuOCity CuOState CuOPostal West Palm Beach FL 33401 Miami FL 33156 Miami FL 33156 Buxton ME 04093 West Palm Beach FL 33405 Mailout.xls Page 54 of 137 1 ParcelID StreetName CuO1LastName CuO1FirstName 4120-332-0001-000-8 Bluefield Dairy RD Amistad Holdings LLC 4117-121-0001-000-0 TBD D & B Inc 4119-111-0001-000-5 TBD GT Property Management LLC 4120-111-0001-000-9 TBD McIntosh (TR)David Mailout.xls Page 55 of 137 2 CuO2LastName CuO2FirstName CuOStreet1 CuOStreet2 1 N Clematis ST Ste 200 9300 S Dadeland Blvd FL 5 PO Box 535 Iglehart (TR)Philip C 7932 Flagler Ct S Mailout.xls Page 56 of 137 3 CuOCity CuOState CuOPostal West Palm Beach FL 33401 Miami FL 33156 Buxton ME 04093 West Palm Beach FL 33405 Mailout.xls Page 57 of 137 Page 58 of 137 Page 59 of 137 Page 60 of 137 EnvironmEntal rEsourcEs Final rEport TO: Jodi Kugler, Planning & Development Services THROUGH: Amy E. Griffin, Environmental Resources Director FROM: Aimee L. Cooper, Environmental Regulations Manager DATE: December 1, 2021 SUBJECT: FPL Bluefield Cpub Rezone RZ-11202126230 Background The Environmental Resources Department (ERD) is in receipt of Planning and Development Services November 17, 2021, date-stamped submittal. Following approval of a Major Site Plan (MJSP-9202126162) to construct and operate a 74.5 MW Photovoltaic Solar Center (“Facility”) and an After-The-Fact (ATF) Lot Split application (LS-8202126120) where the parent parcel totaling 586.05 acres was split into two (2) separate parcels known, as West Parcel totaling 451.86 acres and East Parcel totaling 134.19 acres, the applicant is seeking approval to rezone the East Parcel from Agricultural-5 (AG-5) to Conservation Public (Cpub). There are no roads, public or private, from the St. Lucie County side which provide access to either West or East Parcel. Access to the West Parcel is via Center Road, an existing public right-of-way in Okeechobee County. The project is located at 14697 E. Center Street in Ft. Pierce, which borders Okeechobee County on the west perimeter, and is approximately 3.5 miles south of SR 70 and 1 mile east of SE 128th Avenue in unincorporated St. Lucie County. Findings This submittal does not propose any new construction activities to the parcel and the rezoning from AG-5 to Cpub is not anticipated to result in any adverse environmental impacts, but rather assist in the preservation of environmentally sensitive lands. Following a site visit by ERD staff, uplands containing native vegetation exist onsite, and according to the National Wetlands Inventory, the site appears to contain a significant portion of a larger jurisdictional wetland system; however, a wetland jurisdictional determination from the South Florida Water Management District (SFWMD) would be required to confirm this designation. If site development activities are proposed in the future, ERD will conduct further review through the site plan or building permit review process to ensure compliance with the Land Development Code and Comprehensive Plan. Recommendation ERD has no objection to the approval of the proposed Cpub rezone with the conditions outlined below. Conditions of Approval 1) Prior to any future development approvals, the developer shall provide a wetland jurisdictional determination for all onsite wetlands and their associated upland buffers from the South Florida Water Management District. 2) Within one (1) year of approval for this rezone, an eradication program shall be established to remove and maintain the parcel free from all Category I invasive plant species. Please contact Aimee Cooper at 772-462-6440 if you have any questions or if you would like to meet regarding the details on these requirements. Page 61 of 137 Suggested motion to recommend approval/denial of this requested change in zoning. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF FLORIDA POWER & LIGHT CPUB REZONE FOR A CHANGE IN ZONING FROM THE AG-5 (AGRICULTURAL - 5) ZONING DISTRICT TO THE CPUB (CONSERVATION PUBLIC) ZONING DISTRICT, BECAUSE..... [CITE REASON WHY - PLEASE BE SPECIFIC]. MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF FLORIDA POWER & LIGHT CPUB REZONE FOR A CHANGE IN ZONING FROM THE AG-5 (AGRICULTURAL - 5) ZONING DISTRICT TO THE CPUB (CONSERVATION PUBLIC) ZONING DISTRICT, BECAUSE..... [CITE REASON WHY - PLEASE BE SPECIFIC]. Page 62 of 137 ITEM NO.(ID # 2022-54601) DATE:1/20/2022 AGENDA REQUEST TO:Planning and Zoning Commission PRESENTED BY:Jodi Nentwick, Senior Planner SUBMITTED BY:Planning & Development Services SUBJECT:Bradley Currie, AICP, Engineering Design & Construction Inc., on behalf of Ronald J & Denise K. Buchmeyer is requesting an Amendment to the Official Zoning Atlas for a change in zoning from the AR-1 (Agricultural, Residential-1 1du/ac) Zoning District to the PNRD (Planned Non-Residential Development) Zoning District and Preliminary Site Plan for one (1) parcel consisting of a 0.999-acres located south of Midway Road and west of Christensen Road in Fort Pierce. BACKGROUND: The applicant to rezone the property to the PNRD (Planned Non-Residential Development) Zoning District for the purpose of providing limited retail trade and service activities to serve the surrounding neighborhood. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Planning and Zoning Commission forward a recommendation of approval to the Board of County Commissioners. COMMISSION ACTION: RESULT: MOVER: SECONDER:None AYES:None NAYS:None EXCUSED:None Coordination/Signatures Page 63 of 137 Date: January 14, 2022 Benjamin Balcer, Planning & Development Services Assistant Director Date: January 17, 2022 Daniel McIntyre, County Attorney Date: January 18, 2022 Mark Satterlee, Deputy County Administrator Page 64 of 137 Planning Division Agenda Item Summary Applicant/Property Owner: Ronald J. & Denise K. Buchmeyer 20910 Glades Cut-Off Road Port St. Lucie, FL 34987 Agent: Bradley J. Currie, AICP Engineering Design & Construction, Inc. (EDC) 10250 SW Village Pkwy, Ste 201 Port St. Lucie, FL 34987 Project Location(s): South of Midway Road and West of Christensen Road Parcel ID(s)#: 3403-502-0191-000-2 Future Land Use : RS (Residential, Suburban 2du/1ac) Existing Zoning: AR-1 (Agricultural, Residential-1 1du/ac) Proposed Zoning: PNRD (Planned Non-Res Development) Staff Jodi Nentwick-Kugler Tel 772-462-1580 Email NentwickJ@stlucieco.org Mail 2300 Virginia Avenue, Fort Pierce, Florida 34982 Midway & Christensen PNRD Amendment to the Official Zoning Atlas (Rezoning) AR-1 (Agricultural, Residential-1) to PNRD (Planned Non- Residential Development Commercial Neighborhood & Project Description The petitioner, Ronald J. & Denise K. Buchmeyer is requesting an Amendment to the Official Zoning Atlas for a change in zoning (Rezoning) from the AR-1 (Agricultural, Residential-1 1du/ac) Zon- ing District to the PNRD Planned Non- Residential Development) Zoning District for one (1) parcel consisting of 0.999 acres located south of Midway Road and west of Christensen Road in Fort Pierce. Purpose: To rezone the property to PNRD Zoning District for the purpose of providing lim- ited retail trade and service activities needed to sere the surrounding neighbor- hood. The St. Lucie County Planning and Zon- ing 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. Notice Requirements Public hearing notice in accordance with Section 11.00.03 of the Land Develop- ment Code was placed in the St. Lucie News Tribune on Friday, January 14, 2022, Notices were sent to seventeen (17) property owners within the 500 foot radius of the subject site, and a sign was posted on the property. The Planning Department received no responses to date. Staff’s Recommendation Forward this petition to the Board of County Commissioners with a recom- mendation of approval. Hearing Date Thursday January 20, 2022 PLANNING AND ZONING COMMISSION Page 65 of 137 Planning and Development Services Department Planning Division M E M O R A N D U M TO: Planning & Zoning Commissioners THROUGH: Leslie Olson, AICP, Director Ben Balcer, AICP, Assistant Director Kori Benton, AICP, Assistant Planning Manager FROM: Jodi Nentwick-Kugler, Senior Planner DATE: January 13, 2022 SUBJECT: Midway & Christensen PNRD Planned Non-Residential Development (PNRD) Rezoning & Preliminary Site Plan Bradley J. Currie, AICP, of Engineering Design & Construction, Inc., on behalf of the petitioner, Ronald J & Denise J. Buchmeyer is requesting an Amendment to the Official Zoning Atlas for a change in zoning (rezoning) from the AR-1 (Agricultural, Residential-1 1du/ac) Zoning District to the PNRD (Planned Non-Residential Development) Zoning District and Preliminary Site Plan for a 0.99-acre parcel located south of Midway Road and west of Christensen Road in Fort Pierce. The plan intends to provide limited retail trade and service activities intended to serve the surrounding neighborhood. AERIAL MAP Page 66 of 137 Midway & Christensen PRND and Preliminary Site Plan PUD_RZ-6202126073 Page 2 of 11 GENERAL INFORMATION Property Owner(s): Ronald J. & Denise K. Buchmeyer 20910 Glades Cut-Off Road Port St. Lucie, FL 34987 Agent: Bradley J. Currie, AICP Engineering Design & Construction Inc. 10250 SW Village Parkway, Suite 201 Port St. Lucie, FL 34987 Location: TBD – West Midway Road, Fort Pierce Parcel ID Number: 3403-502-0191-000-2 Existing Use: Undeveloped Proposed Zoning PNRD (Planned Non-residential Development) Future Land Use: RS (Residential, Suburban 2 du/ac) Existing Zoning: AR-1 (Agricultural, Residential – 1 1ac/du) Requested Action: Change in zoning from AR-1 (Agricultural, Residential – 1) to PNRD (Planned Non-Residential District) Urban Service Boundary: The subject site is located within the Urban Service Boundary (USB) Fire/EMS: The site will be serviced by Station #6 St. Lucie County Fire District (350 E. Midway Road) is located 2.9 miles northeast of the subject parcel. Utilties: Water & Wastewater services will be provided by the Port St. Lucie Utility Systems Department. Electrical services will be provided by Florida Power & Light (FP&L). Concurrency Document Required: Certificate Deferral Affidavit Proposed PNRD Overview: The Planned The Planned Non-Residential Development (PNRD) District is intended to achieve non-residential land development of superior quality through the encouragement of flexibility and creativity in design options that: • Permit creative approaches to the development of non-residential land reflecting changes in the technology of land development. • Allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs. • Allow design options that encourage an environment of stable character, compatible with surrounding land uses. Page 67 of 137 Midway & Christensen PRND and Preliminary Site Plan PUD_RZ-6202126073 Page 3 of 11 • Permit the enhancement of neighborhoods through the preservation of natural features, the provision of underground utilities, and the provision of recreation areas and open space. The Midway & Christensen PNRD proposes a specific set of permitted, conditional or accessory uses from the Commercial, Neighborhood (CN) and Commercial, Office (CO) zoning districts, as Table 1, highlights in Section 1 below, with an Hours of Operation Restriction of 6:00 am - 7:00 pm. ****************************************************************************************** 1). ZONING ATLAS AMENDMENT STANDARDS OF REVIEW SET FORTH IN LAND DEVELOPMENT CODE SECTION 11.06.03 Section 11.06.03 of the St. Lucie County Land Development Code establishes the standards of reviewing Zoning Atlas Amendments. In reviewing an application for a Zoning Atlas Amendment, the Planning and Zoning Commission and the Board of County Commissioners shall consider the following: Current Zoning Designation Page 68 of 137 Midway & Christensen PRND and Preliminary Site Plan PUD_RZ-6202126073 Page 4 of 11 Proposed Zoning Designation A. Whether the proposed rezoning conflicts with any applicable portions of the St. Lucie County Land Development Code; The proposed Amendment to the Official Zoning Atlas is not in conflict with the applicable provisions of the Land Development Code. The request seeks to amend the Official Zoning Atlas to reclassify the zoning from the AR-1 (Agricultural, Residential – 1 1ac/du) to the PNRD (Planned Non-Residential Development) Zoning District. B. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan. The proposed PNRD (Planned Non-Residential Development) Zoning District is consistent with the existing RS (Residential, Suburban 2du/ac) Future Land Use designation. Additionally, the Preliminary and Final Development Plan will provide further assimilation through site design. The Goals, Objectives, and Policies of the St. Lucie County Comprehensive Plan of emphasis in review of the proposed petition include: Future Land Use Element Goal 1.1: Ensure the highest quality living environment possible, through a mixture of land uses reflecting the needs and desires of the residents and how they want their community to develop. The goal shall be implemented by strictly enforced building, zoning and development codes based on objectives and policies that will enhance St. Lucie County's natural and man-made resources while minimizing any damage or threat of degradation to the health, safety and welfare of the county's citizens, native wildlife and environment, through incompatible land uses. Objective 1.1.8: Planned Developments. The County shall continue to support and encourage innovative land use development patterns including planned developments through the adequate provision in the Page 69 of 137 Midway & Christensen PRND and Preliminary Site Plan PUD_RZ-6202126073 Page 5 of 11 County's Land Development Code including Planned Unit Developments (PUD), Planned Non-Residential Development (PNRD) and the Planned Mixed-Use Development (PMUD) zoning designations. Policy 1.1.8.3: The County shall continue to support and implement the mixed-use activity areas as indicated in the Sub-area Mixed Use Activity Area Plans as depicted by name in this Element. Policy 1.1.10.2: Require effective visual and light diffusion barriers between residential and non- residential uses. Standards and requirements for such barriers are to be included in the landscaping and screening regulations of the St. Lucie County Land Development Code. C. Whether and the extent to which the proposed amendment is inconsistent with existing and proposed land uses; The proposed PNRD (Planned Non-Residential Development) Zoning District, proposing a limited non-residential scope and operational limitations, is consistent with the existing RS (Residential, Suburban 2du/ac) Future Land Use designation. Additionally, the Preliminary and Final Development Plan will provide further assimilation through site design. D. Whether there have been changed conditions that require an amendment; On April 6, 2021, the Board of County Commissioners adopted Ordinance No. 2021-9, the County initiated text amendment to the Land Development Code to amend certain Preliminary Development Site Plan submittals; allow these required items to be provided during the Final (Minor) Site Plan stage, to expand flexibility through administrative approvals, therefore, streamlining the regulatory process. 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 proposed rezone is not expected to create adverse demands on any public facilities such as roads, schools, libraries, parks, fire, and law enforcement. Drainage Following approval of the Preliminary site plan, and Final site plan, the engineering and drainage must receive a Site Development Permit from the Public Works Department to ensure the project does not adversely impact adjacent properties. Utilities The proposed rezone petition is coupled with a Preliminary site plan and the existing water and wastewater services will be extended to serve this site. The subject site is located within the Urban Service Boundary (USB) and water and sewer will be provided by Port Saint Lucie Utilities Transportation The Midway & Christensen PNRD proposes a limited subset of neighborhood commercial offering, with specific traffic impacts to be analyzed with a site plan proposal. Improved roadway at midway, restricted access medians, access to pedestrian facilities, transit link along Midway Road. Traffic will be evaluated at the time of site plan review. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; Page 70 of 137 Midway & Christensen PRND and Preliminary Site Plan PUD_RZ-6202126073 Page 6 of 11 The proposed amendment is not anticipated to create significant impacts on the natural environment. The applicant provided an environmental impact report that assesses existing environmental conditions on the subject property. The Environmental Resources Department reviewed the submitted Environmental Impact Report and provided the following evaluation: Background: The Environmental Resources Department (ERD) is in receipt of the December 16, 2021 date-stamped submittal from Planning and Development Services. The applicant is requesting approval to rezone a parcel from agricultural-residential-1 (AR-1) to Preliminary Planned Non-Residential Development (PNRD) to allow for the development of a commercial use on the subject parcel. The site does not contain any intact native habitats onsite but does consist of native vegetation meeting mitigation thresholds outlined in Land Development Code (LDC) 6.00.05.D. The +/- 1.00-acres parcel is located at TBD W. Midway Road in Ft. Pierce. Findings Prior to approval of the Preliminary PNRD, the following comments are required to be addressed prior to approval: 1. Per LDC 7.09.04.E, provide the depiction of a masonry wall or opaque wood fence at least eight ft. (8’) in height that forms a continuous screen where adjacent to residential use within all side and rear yard perimeter buffer areas. This requirement for the perimeter masonry wall or opaque wood fence may be reduced in height from eight ft. (8’) to six ft. (6’) or waived in its entirety by the Environmental Resources Director if a signed and notarized administrative wall waiver is obtained from each adjacent property owner, and landscaping shall then comply with the standards outlined in LDC 7.09.04.B. 2. The following are advisory comments are in preparation for submittal of a landscape plan. In addition to the perimeter and interior vehicular use area landscaping requirements, the following are required: a. A minimum ten ft. (10’) planting space between parking spaces and building and a minimum five ft. (5’) planting space between driveways, sidewalks, and buildings shall be provided per LDC 7.10.24.H; b. Littoral and upland buffer plantings are required for wet retention ponds per LDC 6.04.02.F and CP 6.1.2.5. c. Ground/monument signs shall have a landscaped area around its base which extends a minimum distance of three ft. (3’) in all directions. G. Whether and the extent to which the proposed amendment would adversely affect the property values in the area; The proposed zoning change is not anticipated to have an adverse impact on the property values in the area. The amendment requires concurrent site plan review to promote a development of stable character that is compatible with the surrounding land uses. H. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern, specifically identifying any negative effects on such pattern; The proposed zoning and uses would result in an orderly and logical pattern in the nearby vicinity, which consists of a variety of institutional establishments, low intensity commercial uses and single-family homes along or adjacent to the newly widened Midway Road corridor. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and interest of this Code; and Page 71 of 137 Midway & Christensen PRND and Preliminary Site Plan PUD_RZ-6202126073 Page 7 of 11 The proposed amendment would not conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. 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 this proposed amendment to the Official Zoning Atlas. ANALYSIS SUMMARY: Based upon staff’s analysis contained in this report, the proposed rezoning from AR (Aricultural, Residential – 1du/ac) to the PNRD (Planned Non-Residential Development) is consistent with the St. Lucie County Comprehensive Plan and Land Development Code. ******************************************************************************************* 2). PRELIMINARY PNRD SITE PLAN STANDARDS OF REVIEW SET FORTH IN LAND DEVELOPMENT CODE SECTION 11.02.07 Section 11.02.07 of the St. Lucie County Land Development Code (LDC) establishes the Standards of Review for Site Plans. In reviewing an application for a Preliminary Planned Non-Residential Development (PNRD), the approval shall only be granted if the applicant demonstrates the following: A. Consistency with Local Ordinances and Comprehensive Plan The proposed preliminary development plan has been found to be consistent with the general purpose, goals, objectives and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and compiled laws of St. Lucie County. As noted in the above analysis of the rezoning standards of review, the site plan and proposed use is consistent with Future Land Use Policy 1.1.8.1 in its use of planned development techniques. Consistency with Land Development Code (LDC) Regulations The proposed development and use are not in conflict with any applicable portions of the St. Lucie County Land Development Code (LDC) or Comprehensive Plan. The proposed PNRD (Planned Non-Residential Development) Preliminary Site Plan demonstrates compliance with the St. Lucie County Land Development Code (LDC) and Comprehensive Plan requirements. Pursuant to LDC Section 7.01.02, the intent of the PNRD (Planned Non-Residential Development) Zoning designation is to achieve non-residential land development of superior quality through the encouragement of flexibility and creativity in design options that: A. Permit creative approaches to the development of non-residential land reflecting changes in the technology of land development. B. Allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs. C. Allow design options that encourage an environment of stable character, compatible with surrounding land uses. D. Permit the enhancement of neighborhoods through the preservation of natural features, the provision of underground utilities, and the provision of recreation areas and open space. Page 72 of 137 Midway & Christensen PRND and Preliminary Site Plan PUD_RZ-6202126073 Page 8 of 11 Intensity & Design All reasonable steps have been taken to minimize adverse effects on the immediate vicinity through landscaping, screening, and site design, and all buildings will be constructed, arranged, and operated so as not to interfere with adjacent properties. Hours of Operation Restriction of 6:00 am - 7:00 pm. Pursuant to LDC Section 7.09.04, all side and rear perimeter buffer areas between non-residential and residential uses or structures require an eight (8) foot tall masonry wall or opaque wood fence forming a continuous screen. Additionally, landscape buffers are provided along the perimeter of the property, which include a continuous hedge along both the inside and outside base of the wall or fence, with trees planted every thirty (30) linear feet along the length of the wall or fence. Open Space Developments projects of less than ten (10) acres, a minimum of twenty percent (20%) of the gross arra of land commited to the PNRD must be use for open space per LDC 7.02.03.H. Architectural Design The County’s Community Architectural Standards, found in LDC Section 7.10.24 will apply to a final (Minor) site plan proposed for the site. B. Effect on Nearby Properties: The proposed project will not adversely affect nearby properties. The applicant proposes a limitedcommercial development, to be located west of Christensen Road and with frontage on the south side of Midway Road. The abutting parcels are within the Institutional (I) zoning district, with established institutioanl uses. There is an undeveloped parcel to the east which is zoned Agricultural, Residential - 1 (AR- 1). The parcel is located on the south side of Midway Road. North of the Right- of-Way lies Commercial Office (CO) and Agricultural, Residential - 1 (AR-1) zoned parcels which are developed at this time. Policy 1.1.1.3 of the Comprehensive Plan Future Land Use Element outlines the compatible zoning designations allowed within the Residential Suburban Future Land Use designation. Allowed zoning designations for proposed commercial developments are Commercial Neighborhood (CN), Commercial Office (CO) and Planned Non-Residential Development (PNRD). The applicant has chosen to proceed with rezoning the property to PNRD to limit uses that adjacent property owners may feel are too intense. The below outlines the proposed lot size and dimension requirements which are consistent with the CN and CO zoning designations: LOT SIZE AND DIMENSIONAL REQUIREMENTS Zoning District Min Lot Size Min Lot Width Min Road Frontage Front Setback Rear Setback Side Setback Side Corner Setback Max Height Max Lot Coverage PNRD Planned Non- Residential Development 10,000 75 60 25 20 10 20 35 50% The subject parcel totals approximately 43,124.40 sq ft or .999 acres which meets the minimum lot size requirements. The lot width and roadway frontage of this parcel is 208.71’ which exceeds the minimum requirements of the CN and CO zoning districts. The attached PNRD outlines the minimum requirements of the parcel and of future development which do not exceed the requirements in the CN or CO zoning districts. This PNRD would allow for all uses allowed within the Commercial Neighborhood (CN) or Commercial, Office (CO) zoning districts, except: Page 73 of 137 Midway & Christensen PRND and Preliminary Site Plan PUD_RZ-6202126073 Page 9 of 11 • Drive through restaurant • Outdoor Storage • Overnight Vehicular Storage • Outdoor Displays Table 1, Proposed Permitted, Conditional or Accessory Uses limited to the following: Page 74 of 137 Midway & Christensen PRND and Preliminary Site Plan PUD_RZ-6202126073 Page 10 of 11 Surrounding Land Use and Zoning: C. Adequacy of Public Facilities Water/Wastewater The site will be served by Port Saint Lucie Utilities water and wastewater. Per St. Lucie County LDC Section 7.08.01, electric, cable and telephone wiring will all be installed underground. Traffic Impact A Traffic Impact Report may be required for a Final (Minor) Site Plan submittal per LDC 11.02.09(4). Adequacy of Fire Protection Adequate Fire and EMS services are available. Fire District Station # 6 at 350 E. Midway Road, Fort Pierce is located approximately one (1) and one-half (½) miles east of the subject site. D. Adequacy of School Facilities The proposed nonresidential project will not create a demand on school facilities. E. Environmental Impact Please refer to Section 1.F. of this report. Location Zoning District Future Land Use Existing Land Use Subject Property AR-1 (Agricultural, Residential – 1 1du/ac) RS (Residential, Suburban 2du/1ac) Vacant Adjacent Parcels North CO (Commercial, Office) AR-1 (Agricultural, Residential – 1 1du/ac) RS (Residential, Suburban 2du/1ac) Veterinary Hospital House of Worship South I (Institutional) RS (Residential, Suburban 2du/1ac) Cemetery East AR-1 (Residential, Single Family, 4du/ac) I (Institutional) RS (Residential, Suburban 2du/1ac) Vacant West I (Institutional) P/F (Public Facilities) Recovery Center Page 75 of 137 Midway & Christensen PRND and Preliminary Site Plan PUD_RZ-6202126073 Page 11 of 11 NEIGHBORHOOD MEETING The applicant held a neighborhood meeting regarding the subject petitions on July 8, 2021, approximately 15 residents attended. Neighborhood meetings are strongly encouraged, however are not required. PUBLIC NOTICE The Planning & Zoning Commission Public Hearing was noticed via a Display Advertisement in the St. Lucie News Tribune on Friday, January 7, 2022, (1) sign posted on the petition site and mailed letters to owners of property within 500ft. STAFF RECOMMENDATION Staff has reviewed the application for an Amendment to the Official Zoning Atlas and Preliminary PNRD Site Plan and determined that with the proposed conditions of approval, the application is consistent with the goals, objectives and policies of the St. Lucie County Comprehensive Plan and has satisfied the standards of review for rezoning and site plans in St. Lucie County Land Development Code Sections 11.06.03 and 11.02.07, respectively. Staff recommends approval of the proposed Planned Non-Residential Development zoning and preliminary site plan with the conditions outlined in the draft Resolution, addressing the following outstanding issues: Environmental Resources Department Prior to approval of the Preliminary PNRD, the following comments are required to be addressed prior to approval: 1. Per LDC 7.09.04.E, provide the depiction of a masonry wall or opaque wood fence at least eight ft. (8’) in height that forms a continuous screen where adjacent to residential use within all side and rear yard perimeter buffer areas. This requirement for the perimeter masonry wall or opaque wood fence may be reduced in height from eight ft. (8’) to six ft. (6’) or waived in its entirety by the Environmental Resources Director if a signed and notarized administrative wall waiver is obtained from each adjacent property owner, and landscaping shall then comply with the standards outlined in LDC 7.09.04.B. 2. The final (Minor) Site Plan shall, in addition to the perimeter and interior vehicular use area landscaping requirements, demonstrate: • A minimum ten ft. (10’) planting space between parking spaces and building and a minimum five ft. (5’) • planting space between driveways, sidewalks, and buildings shall be provided per LDC 7.10.24.H; • Littoral and upland buffer plantings are required for wet retention ponds per LDC 6.04.02.F and CP 6.1.2.5. • Ground/monument signs shall have a landscaped area around its base which extends a minimum distance of three ft. (3’) in all directions. Public Works Department 1. Traffic will be reviewed at time of Site Plan submittal. Uses that generate enough trips to warrant a right turn lane for ingress will not be supported. Page 76 of 137 Resolution No. 2022-XXX Page 1 File No: PUD_RZ-6202126073 RESOLUTION 2022-XXX File Number: PUD_PZ-6202126073 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR A PLANNED NON-RESIDENTIAL DEVELOPMENT (PNRD) REZONING FROM THE AR-1, (AGRICULTURAL, RESIDENTIAL-1 1DU/AC) ZONING DISTRICT TO THE PNRD ZONING DISTRICT & PRELIMINARY SITE PLAN FOR THE MIDWAY & CHRISTENSEN PNRD, 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: ZONING ATLAS AMENDMENT 1) Engineering Design & Construction, Inc., on behalf of Ronald J & Denise K. Buchmeyer, presented a petition for an Amendment to the Official Zoning Atlas from AR-1 (Agricultural, Residential-1 1du/ac) to PNRD (Planned Non- Residential District), for one (1) parcel consisting of 0.999 acres located at south of Midway Road and west of Christensen Road, for certain property in St. Lucie County, Florida, as depicted on the attached map as Exhibit “A” and described in Part “A” below. 2) On January 20, 2022, the St. Lucie County Planning and Zoning Commission conducted the public hearing after installing a sign on the property and notifying by mail all owners of property within 500 feet of the subject property, at which all interested persons were given an opportunity to be heard and recommended that the Board of County Commissioners deny/approve the request for the property described in Part “A”. 3) On ____________, 2022, 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 all interested persons were given an opportunity to be heard. 4) The St. Lucie County Development Review Committee has reviewed the Rezone Petition and found it to meet the technical requirements and to be consistent with the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part “C” of this Resolution. Page 77 of 137 Resolution No. 2022-XXX Page 2 File No: PUD_RZ-6202126073 5) The proposed zoning change is consistent with the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. PRELIMINARY PNRD SITE PLAN 6) Engineering Design & Construction, Inc., on behalf of Ronald J & Denise K. Buchmeyer, submitted a Preliminary PNRD (Planned Non-Residential Development) Site Plan, for the purpose of providing limited retail trade and service activities needed to serve the surrounding neighborhood to be known as the Midway & Christensen PNRD, for the property depicted in the attached map as Exhibit “A” and described in Part “A” below. 7) On January 20, 2022, the St. Lucie County Planning and Zoning Commission conducted the public hearing after installing a sign on the property and notifying by mail all owners of property within 500 feet of the subject property, at which all interested persons were given an opportunity to be heard and recommended that the Board of County Commissioners deny/approve the request for the property described in Part “A”. 8) On ____________, 2022, 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 all interested persons were given an opportunity to be heard. 9) The St. Lucie County Development Review Committee has reviewed the Preliminary PUD Site Plan for the project and found it to meet the technical requirements and to be consistent with the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part “C” of this Resolution. 10) The proposed project, with conditions of approval, will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities or other matters affecting the public health, safety, and general welfare. 11) All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. Page 78 of 137 Resolution No. 2022-XXX Page 3 File No: PUD_RZ-6202126073 12) The proposed project 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. 13) The proposed project will be served by the Port St. Lucie Utilities Department for water and wastewater services. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: ZONING ATLAS AMENDMENT A. The property on which the Zoning Atlas Amendment, or change in zoning, from AR-1 (Agricultural, Residential – 1 1du/ac) to PNRD (Planned Non-Residential District) is being granted is described as follows: Legal Description: BEGIN AT THE NORTHEAST CORNER OF LOT 100 OF WHITE CITY, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE(S) 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, RUN WEST 25 FEET ALONG THE NORTH LINE OF SAID LOT 100 TO THE WEST RIGHT OF WAY OF COUNTY ROAD AS SAME EXISTED IN 1954; THENCE SOUTH 102.35 FEET ALONG SAID WEST RIGHT OF WAY LINE OF COUNTY ROAD; THENCE WESTERLY, WITH A BACK ANGLE FROM SAID ROAD RIGHT OF WAY LINE OF 89'57', 282.5 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING, CONTINUE WESTERLY ALONG SAME LINE 208.71 FEET; THENCE SOUTHERLY AT RIGHT ANGLES TO LAST DESCRIBED LINE, 208.71 FEET; THENCE EASTERLY 208.71 FEET; THENCE NORTHERLY 208.71 FEET TO THE POINT OF BEGINNING. ALL CONTAINING 0.99 ACRES, MORE OR LESS. Parcel ID Numbers: 3403-502-0191-000-2 B. The St. Lucie County Planning and Development Services Director shall/shall not be authorized to amend the Official Zoning Map to change the zoning of the property herein described, from CN (Commercial Neighborhood) to PNRD (Planned Non-Residential District) and to make notation of the reference to the date of adoption of this Resolution. PRELIMINARY PNRD SITE PLAN C. Pursuant to 11.02.05(B) of the St. Lucie County Land Development Code, the PNRD (Planned Non-Residential Development) Preliminary Site Plan for the Page 79 of 137 Resolution No. 2022-XXX Page 4 File No: PUD_RZ-6202126073 project known as the Midway & Christensen is hereby approved, for the subject property described in Part “A” above, as shown on the preliminary site plan drawings for the project, prepared by Engineering Design & Construction, Inc. December 16, 2021, and date stamped received by the St. Lucie County Planning & Development Services Department on December 16, 2021, as attached and incorporated herein as Exhibit “D”, and subject to the following conditions: 1. Traffic will be reviewed at the of Site Plan submittal. Uses that generate enough trips to warrant a right turn lane will not be supported. 2. A minimum ten foot (10’) planting space between parking spaces and building and building, and a minimum five foot (5’) planting space between driveways, sidewalks, and buildings shall be provided in accordance to LDC Section 7.10.24.H. 3. Littoral and upland buffer plantings are required for wet retention ponds in accordance to LDC Section 6.04.02.F. 4. Ground/monument signs shall have a landscaped are around its base which extends a minimum distance of three feet (3’) in all directions. The Preliminary PNRD Site Plan approvals granted by this Resolution shall expire on ____________, 2023 unless a Building Permit is obtained, or an extension is granted in accordance with Section 11.02.06(B)(3) of the Land Development Code. D. The developer is advised as part of this approval that the property owner(s), developer, etc., including any successors in interest, shall obtain all applicable development permits and construction authorizations from the appropriate State and Federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, and the St. Lucie County Environmental Resources, Public Works, and Building Departments prior to the commencement of any development activities on the property described in Part “A”. Issuance of this authorization or permit by the County does not in any way create any rights on the part of the developer to obtain a permit from a State or Federal agency and does not create any liability on the part of the County for issuance of this permit if the developer fails to obtain requisite approvals or fulfill the obligations imposed by a State or Federal agency or undertake actions that may result in a violation of State or Federal law. Page 80 of 137 Resolution No. 2022-XXX Page 5 File No: PUD_RZ-6202126073 E. The conditions set forth in Part “H” are an integral non-severable part of the preliminary site plan approval granted by this Resolution. If any condition set forth in Part “H” is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this Resolution shall become null and void. F. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as Exhibit “B” was signed by the applicant on XXXXXX. G. A copy of this Resolution shall be mailed to the owner of record as identified on the application. H. This Resolution shall be recorded in the Public Records. I. ADOPTION After motion and second, the vote on this Resolution was as follows: Sean Mitchell, Chair XXX Frannie Hutchinson, Vice-Chair XXX Chris Dzadovsky, Commissioner XXX Linda Bartz, Commissioner XXX Cathy Townsend, Commissioner XXX PASSED AND DULY ADOPTED this _____ day of _____________, 2022. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: ______________________________ CHAIR ATTEST: APPROVED AS TO FORM AND CORRECTNESS: ___________________ BY: ______________________________ DEPUTY CLERK COUNTY ATTORNEY Page 81 of 137 Resolution No. 2022-XXX Page 6 File No: PUD_RZ-6202126073 EXHIBIT “A” (LOCATION MAP) Page 82 of 137 Resolution No. 2022-XXX Page 7 File No: PUD_RZ-6202126073 EXHIBIT “B” (CERTIFICATE OF CAPACITY DEFERRAL) Page 83 of 137 Resolution No. 2022-XXX Page 8 File No: PUD_RZ-6202126073 EXHIBIT “C” (Permitted Uses) Page 84 of 137 Resolution No. 2022-XXX Page 9 File No: PUD_RZ-6202126073 EXHIBIT “D” (PRELIMINARY PNRD SITE PLAN) Page 85 of 137 Page 86 of 137 Page 87 of 137 Project Information Project Name: Site address: Parcel ID Number(s): Legal Description: (Attach additional sheets if necessary –also must be provided in MS Word format on 86%) Property location – Section/Township/Range: Property size – acres: Square footage: Future Land Use Designation: Zoning District: Description of project: (Attach additional sheets if necessary) Type of construction (check all applicable boxes): Commercial Total Square Footage: Existing Proposed: Industrial Total Square Footage: Existing Proposed: Proposed: Proposed: Residential No. of residential units: Existing No. of subdivided lots: Existing Other Please specify: Number and size of out parcels (if applicable): Page of  5HYLVHG'HFHPEHU Midway & Christensen W. Midway Road (TBD) 3403-502-0191-000-2 WHITE CITY S/D 05 36 40 FROM NE COR LOT 100 RUN W 25 FT, TH S 102.35 FT, TH WLY 282.5 FT FOR POB, TH CONT WLY 208.71 FT, TH SLY208.71 FT, TH ELY 208.71 FT, TH NLY 208.71 FT TO POB (43) (1.00 AC) (MAP 34/05S) (PR 77-104) (OR 2138-2286) 05 / 36 / 40 1.00 43,560 sf RS AR-1 Applicant is requesting approval to rezone the parcel from AR-1 to Planned Non-Residential Development (PNRD) to allow for the development of a commercial use on the subject parcel. TBD No proposed development at this time. Page 88 of 137 Page 89 of 137 Page 90 of 137 Page 91 of 137 Page 92 of 137 Engineering Design & Construction, Inc. 10250 SW Village Parkway, Suite 201, Port Saint Lucie, FL 34987 772-462-2455 www.EDC-Inc.com LETTER OF JUSTIFICATION Planned Non-Residential Development Application Midway & Christensen May 25, 2021 REQUEST On behalf of the Petitioner, Engineering Design & Construction, Inc. is requesting approval of a PNRD Rezone application for a 1.00 +/- acre parcel currently located in St. Lucie County, Florida. The applicant is proposing a rezone from the Agricultural, Residential (AR-1) zoning to Planned Non-Residential Development (PNRD). The subject parcel is noted below and is located south of Midway Road and west of Christensen Road in Fort Pierce, Florida. SITE CHARACTERISTICS & PROJECT HISTORY The subject property is located south of Midway Road and west of Christensen Road in Fort Pierce, Florida. The parcel can be identified in the below table: Parcel ID: Address: Acreage: 3403-502-0191-000-2 W. Midway Road (TBD) 1.00 The subject property is in the jurisdiction of St. Lucie County and has an existing Future Land Use designation of Residential Suburban (RS) and is located in the Agricultural, Residential (AR-1) Zoning designation. The applicant is requesting approval to change the Zoning designation to Planned Non-Residential Development (PNRD). To the north of the subject property lies the Right-of-Way of Midway Road followed by a Veterinary Hospital that has a Future Land Use Designation of Residential Suburban (RS) and an underlying Zoning designation of Agricultural, Residential (AR-1). To the northwest is developed parcel which has a Future Land Use of Residential Suburban (RS) and an underlying Zoning Designation of Commercial, Office (CO). South of the subject parcel is a cemetery that has a Future Land Use Designation of Residential Suburban (RS) and an underlying Zoning designation of Institutional (I). East of the subject parcel is an undeveloped parcel that has a Future Land Use designation of Residential Suburban (RS) and an underlying Zoning designation of Agricultural, Residential (AR-1). West of the subject parcel developed recovery center. This parcel has a Future Land Use designation of Public Facilities (P/F) and has an underlying Zoning designation of Institutional (I). PLANNED NON- RESIDENTIAL DEVELOPMENT REQUIREMENTS The following items are described as Planned Development Requirements stated in Land Development Code Section 11.02.10 Submittals for Planned Developments. Responses are written in Bold Italics. Page 93 of 137 Midway/Christensen PNRD Page 2 of 4 May 25, 2021 a. The applicant’s name and address Ronald J. and Denise K. Buchmeyer 20910 Glades Cut Off Road Port St. Lucie, FL 34987 b. The applicant’s interest in the subject property The applicant is the owner of the subject parcel. c. The owner’s name and address, if different from the applicant, and the owner’s signed consent to filling of the application. Owner’s name and address is the same as applicant’s name and address. Please see submitted Agent Consent Form for consent for the filing of this application. d. The street address and a legal description of the property proposed to be reclassified as a Planned Development. An address has not yet been assigned to this parcel as it is currently undeveloped. The legal description is: PARCEL # 3403-502-0191-000-2 LOT 100, LESS TRACT 208 FEET X 300 FEET IN THE NORTHEAST CORNER AND LESS TRACT 208.71 FEET SQUARE TO BILLMAN AND LESS THE WEST 135.00 FEET, WHITE CITY SUBDIVISION, SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 23, PUBLIC RECORDS, OF ST. LUCIE COUNTY, FLORIDA. e. The present zoning classification and existing uses of the subject property proposed to be reclassified. Current Future Land Use Designation: Residential Suburban Current Zoning: Agricultural, Residential - 1 (AR-1). f. A statement of planning objectives to be achieved by the proposed Planned Development through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. The applicant proposes a commercial development. The parcels located west and south of the subject parcels are zoned institutional (I). There is an undeveloped parcel to the east which is zoned Agricultural, Residential - 1 (AR- 1). The parcel is located on the south side of Midway Road. North of the Right-of-Way lies Commercial Office (CO) and Agricultural, Residential - 1 (AR-1) zoned parcels which are developed at this time. Policy 1.1.1.3 of the Comprehensive Plan Future Land Use Element outlines the compatible zoning designations allowed within the Residential Suburban Future Land Use designation. Allowed zoning designations for proposed commercial developments are Commercial Neighborhood (CN), Commercial Office (CO) and Planned Non-Residential Development (PNRD). The applicant has chosen to proceed with rezoning the property to PNRD to limit uses that adjacent property owners may feel are too intense. The below outlines the proposed lot size and dimension requirements which are consistent with the CN and CO zoning designations: Page 94 of 137 Midway/Christensen PNRD Page 3 of 4 May 25, 2021 LOT SIZE AND DIMENSIONAL REQUIREMENTS Zoning District Min Lot Size Min Lot Width Min Road Frontage Front Setback Rear Setback Side Setback Side Corner Setback Max Height Max Lot Coverage PNRD Planned Non-Residential Development 10,000 75 60 25 20 10 20 35 50% The subject parcel totals approximately 43,124.40 sq ft or .999 acres which meets the minimum lot size requirements. The lot width and roadway frontage of this parcel is 208.71’ which exceeds the minimum requirements of the CN and CO zoning districts. The attached PNRD outlines the minimum requirements of the parcel and of future development which do not exceed the requirements in the CN or CO zoning districts. This PNRD would allow for all uses allowed within the Commercial Neighborhood (CN) or Commercial, Office (CO) zoning districts, except: • Low THC and medical marijuana dispensing facility. • Gasoline Sales or Service g. A statement of the total number and type of dwelling units to be constructed; parcel size; approximate lot coverage of buildings and structures; approximate gross and net area of all non-residential facilities, and an explanation of their use; residential densities; and approximate gross and net amounts of open space. The proposed development would allow for a maximum lot coverage of 50% or 21,562.20 sf. Planned Unit Developments must meet the minimum open space requirement of 35% of the gross area of land. The proposed development is .999 acres. Open space required for this proposed PNRD totals .35 acres. h. Information on land areas adjacent to the proposed Planned Development and an indication of the relationships between the proposed development and existing and proposed adjacent areas, including land uses, zoning classifications, densities, automobile and pedestrian circulation systems, public facilities, and unique natural features of land. Use Future Land Use Zoning East Vacant RS AR-1 West Florida Center for Recovery P/F I North ROW / Veterinarian RS AR-1 South Cemetery RS I The parcel is located adjacent to the right-of-way of Midway Road which have existing sidewalks for pedestrian connectivity. There is a median adjacent to the subject property which would allow for a right out and right in only by vehicles. The project will receive water and sewer from Port St. Lucie Utility Systems Department (PSLUSD). Gas is provided by Fort Pierce Utilities Authority (FPUA) and electric service would be provided by Florida Power & Light (FPL). i. A statement describing how the Planned Development is consistent with the St. Lucie County Comprehensive Plan. Page 95 of 137 Midway/Christensen PNRD Page 4 of 4 May 25, 2021 The Future Land Use designation for the subject parcels is RS (Residential Suburban) is intended for large lot, single-family detached residential dwellings at a density of one (1) to two (2) units per gross acre. Limited non-residential uses may be appropriate in accordance with applicable standards and restrictions as set forth in the Land Development Code. Policy 1.1.1.3 of the Comprehensive Plan Future Land Use Element includes a consistency matrix outlining the zoning districts allowed within the Future Land Use designation. Residential Suburban (RS) allows for the following commercial Zoning designations: • Commercial Neighborhood (CN) • Commercial Office (CO) • Planned Non-Residential Development (PNRD) • Planned Mixed Use Development (PMUD) The petitioner is proposing a rezone of the subject parcel to Planned Non-Residential Development (PNRD) which is consistent with the matrix. j. A development schedule indicating the approximate date construction of the Planned Development or stages of the Planned Development can be expected to begin and be completed. Expected time frame for planned development approval, site plan approval, permitting, engineering, and construction plan approval is approximately 6 months. Construction can be expected to start on or around July 2022, with an approximate construction completion date in July 2023. k. A statement of applicant’s intentions with regard to the future selling or leasing of all or portions of the Planned Development, such as land areas, dwelling units, and commercial facilities. Applicant intends to develop the one (1) acre parcel with a commercial use such as office / flex space with associated site improvements. The main development application is included with this submittal. As outlined in the application, the material required for this application are included as supplemental material. The applicant has included a concurrency deferral affidavit as part of this application. Based on the above and attached information, the applicant respectfully requests approval of the proposed application. Z:\EDC-2020\20-430 - Buchmeyer - Midway & Christensen\ENGINEERING\Documents\Submittal Documents\Justification Statement\2021-05-25_Midway_Christiansen_PNRD_Justification_Statement_20-430.docx Page 96 of 137 Page 97 of 137 Page 98 of 137 Page 99 of 137 Page 100 of 137 Page 101 of 137 Page 102 of 137 Page 103 of 137 20-430 MI D W A Y & C H R I S T E N S E N 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 PR E L I M I N A R Y DE V E L O P M E N T P L A N 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 0 \ 2 0 - 4 3 0 - B u c h m e y e r - M i d w a y & C h r i s t e n s e n \ E N G I N E E R I N G \ A u t o C A D \ D W G s \ 2 0 - 4 3 0 P r e l i m i n a r y D e v e l o p m e n t P l a n R - 4 . d w g , 12 / 1 6 / 2 0 2 1 1 0 : 5 3 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 . 1 AT O AT O 20 - 4 3 0 P r e l i m i n a r y D e v e l o p m e n t P l a n R - 4 . d w g MA Y X X , 2 0 2 1 AS S H O W N DR A W N B Y DE S I G N E D B Y FIL E N A M E SC A L E DA T E LA Y O U T 1: 2 0 LOCATION MAP SCALE: 1:60 PROJECT TEAM OWNER: RONALD J BUCHMEYER, DENISE K BUCHMEYER 20910 GLADES CUT OFF RD PORT ST LUCIE, FL 34987 ENGINEER & SURVEY: ENGINEERING, DESIGN & CONSTRUCTION INC. 10250 SW VILLAGE PARKWAY SUITE 201 PORT SAINT LUCIE, FL 34987 LANDSCAPE ARCHITECT: CONCEPTUAL DESIGN GROUP INC. 900 EAST OCEAN BOULEVARD, SUITE 130D STUART, FL 34994 SITE ADDRESS:W MIDWAY RD PARCEL ID:3403-502-0191-000-2 ACREAGE:.999 AC EXISTING ZONING:AR-1 PROPOSED ZONING:PNRD FUTURE LAND USE:RS VEHICULAR CIRCULATION PEDESTRIAN CIRCULATION LEGEND SETBACKS: FRONT SETBACK=25 REAR SETBACK=20 SIDE SETBACK=10 SITE DATA LEGAL DESCRIPTION BEGIN AT THE NORTHEAST CORNER OF LOT 100 OF WHITE CITY, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE(S) 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, RUN WEST 25 FEET ALONG THE NORTH LINE OF SAID LOT 100 TO THE WEST RIGHT OF WAY OF COUNTY ROAD AS SAME EXISTED IN 1954; THENCE SOUTH 102.35 FEET ALONG SAID WEST RIGHT OF WAY LINE OF COUNTY ROAD; THENCE WESTERLY, WITH A BACK ANGLE FROM SAID ROAD RIGHT OF WAY LINE OF 89°57', 282.5 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING, CONTINUE WESTERLY ALONG SAME LINE 208.71 FEET; THENCE SOUTHERLY AT RIGHT ANGLES TO LAST DESCRIBED LINE, 208.71 FEET; THENCE EASTERLY 208.71 FEET; THENCE NORTHERLY 208.71 FEET TO THE POINT OF BEGINNING. ARCHITECTURAL DESIGN: ARCHITECTURAL DESIGN WILL FOLLOW THE STANDARDS AS IDENTIFIED IN SECTION 7.10.24 OF THE ST. LUCIE COUNTY CODE CONTINUED TRAFFIC STATEMENT: A TRAFFIC IMPACT REPORT MAY BE REQUIRED FOR FINAL SITE PLAN SUBMITTAL PER LDC 11.02.09 (4) THE INSTITUTE OF TRANSPORTATION ENGINEERS (ITE), TRIP GENERATION, 11TH EDITION WAS USED TO DETERMINE EXPECTED DAILY TRIP GENERATION RATES FOR THE PROPOSED PROJECT TO OBTAIN THE FOLLOWING RESULT FOR 50% OFFICE AND 50% CONVENIENCE STORE WITHOUT GASOLINE PUMP AVERAGE TRIPS GENERATED SMALL OFFICE USE TIME PERIOD TRIP GENERATION RATE TOTAL ENTRY EXIT WEEKDAY DAILY TRIPS 16.19 36 18 18 WEEKDAY AM PEAK 3.26 7 4 3 WEEKDAY PM PEAK 3.73 8 4 4 SATURDAY AVERAGE 0.40 1 0 1 AVERAGE TRIPS GENERATED CONVENIENCE MARKET WITHOUT GASOLINE PUMP TIME PERIOD TRIP GENERATION RATE TOTAL ENTRY EXIT WEEKDAY DAILY TRIPS 762.28 1677 838 839 WEEKDAY AM PEAK 68.83 151 75 76 WEEKDAY PM PEAK 53.51 118 60 58 SATURDAY AVERAGE 1084.17 2385 1192 1193 SUNDAY AVERAGE 901.17 1983 991 992 MIDWAY ROAD CH R I S T E N S E N R O A D OPEN SPACE: FOR DEVELOPMENT PROJECTS OF LESS THAN TEN (10) ACRES, A MINIMUM OF TWENTY PERCENT (20%) OF THE GROSS AREA OF LAND COMMITTED TO THE PNRD MUST BE USE FOR OPEN SPACE PER LDC 7.02.03.H Z:\ E D C - 2 0 2 0 \ 2 0 - 4 3 0 - B u c h m e y e r - M i d w a y & C h r i s t e n s e n \ E N G I N E E R I N G \ A u t o C A D \ D W G s \ 2 0 - 4 3 0 P r e l i m i n a r y D e v e l o p m e n t P l a n R - 4 . d w g , 2 4 x 3 6 P D P , 1 2 / 1 6 / 2 0 2 1 1 0 : 5 3 : 5 0 A M , v i c t o , E D C , I n c . Page 104 of 137 20-430 MI D W A Y & C H R I S T E N S E N 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 PR E L I M I N A R Y DE V E L O P M E N T P L A N 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 0 \ 2 0 - 4 3 0 - B u c h m e y e r - M i d w a y & C h r i s t e n s e n \ E N G I N E E R I N G \ A u t o C A D \ D W G s \ 2 0 - 4 3 0 P r e l i m i n a r y D e v e l o p m e n t P l a n R - 4 . d w g , 12 / 1 6 / 2 0 2 1 1 0 : 5 3 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 . 2 AT O AT O 20 - 4 3 0 P r e l i m i n a r y D e v e l o p m e n t P l a n R - 4 . d w g MA Y X X , 2 0 2 1 AS S H O W N DR A W N B Y DE S I G N E D B Y FIL E N A M E SC A L E DA T E LA Y O U T 1: 2 0 LANDSCAPE SECTIONS: 5 5 PNRD PERMITTED USES: THE PNRD REZONING PROPOSAL WILL INCLUDE THE FOLLOWING PERMITTED, CONDITIONAL OR ACCESSORY USES, INCLUDING ANY STANDARDS, CONDITIONS AND REQUIREMENTS FOR THOSE USES, AS IDENTIFIED IN THE COMMERCIAL, NEIGHBORHOOD (CN) AND COMMERCIAL, OFFICE (CO) ZONING DISTRICTS. (SECTION 7.02.02). THE PNRD PROPOSED USES SHALL BE IN COMPLIANCE WITH THE FOLLOWING HOURS OF OPERATION: 6:00 AM - 7:00 PM PERMITTED USES: BEAUTY AND BARBER SERVICES (723 / 724) REAL ESTATE (65) REPAIR SERVICES: ELECTRICAL REPAIR (762) SHOE REPAIRS (725) WATCH, CLOCK, JEWELRY, AND MUSICAL INSTRUMENT REPAIR (7631) RETAIL TRADE (EACH BUILDING SHALL BE LESS THAN 6,000 SF GROSS FLOOR AREA, ALL USES INCLUSIVE): ANTIQUES (5932) APPAREL AND ACCESSORIES (56) BOOKS AND STATIONERY (5942 / 5943) CAMERAS AND PHOTOGRAPHIC SUPPLIES (5946) FLORISTS (5992) GIFTS, NOVELTIES AND SOUVENIRS (5947) HOBBY, TOY AND GAME SHOPS (5945) JEWELRY (5944) LUGGAGE AND LEATHER GOODS (5948) NEWSPAPER AND MAGAZINES (5994) OPTICAL GOODS (5995) SPORT GOODS AND BICYCLES (5941) TAX RETURN SERVICES (7291) ADVERTISING (731) COMPUTER PROGRAMMING, DATA PROCESSING AND OTHER COMPUTER RELATED SERVICES (737) ENGINEERING, ACCOUNTING, RESEARCH, MANAGEMENT AND RELATED SERVICES (87) EXECUTIVE, LEGISLATIVE AND JUDICIAL FUNCTIONS (91, 92, 93, 94, 95, 96 97) FINANCIAL, INSURANCE AND REAL ESTATE SERVICES (60, 61, 62, 63, 64, 65, 66, 67) HEALTH SERVICES - EXCEPT NURSING HOMES AND HOSPITALS (80) (EXCEPT 8052, 8069, 8082, 8093 & 8099) HOME FURNITURE AND FURNISHINGS (57) TRAVEL AGENCIES (4724) COMMERCIAL PRINTING (999) PERSONAL SUPPLY SERVICES (736) PHOTO FINISHING SERVICES (7384) PHOTOGRAPHIC SERVICES VETERINARY SERVICES (074) (NO BOARDING OVERNIGHT) MEDICAL OFFICE PET SUPPLY STORE PROFESSIONAL OFFICE PERSONAL SERVICES BEAUTY, HEALTH, & WELLNESS BUSINESS SERVICES CONDITIONAL USES: RESTAURANTS THE PNRD SHALL NOT INCLUDE: DRIVE THROUGH OUTDOOR STORAGE OVERNIGHT VEHICULAR STORAGE OUTDOOR DISPLAYS HANDICAPPED SPACE DETAIL 18' PARKING STALL DETAIL 12' MIN. 5' MIN. 18' 2' 16' 60° PARKING BY DISABLEDPERMIT ONLY FINE $250 MAX FTP 20-06 FTP 22-06 Z:\ E D C - 2 0 2 0 \ 2 0 - 4 3 0 - B u c h m e y e r - M i d w a y & C h r i s t e n s e n \ E N G I N E E R I N G \ A u t o C A D \ D W G s \ 2 0 - 4 3 0 P r e l i m i n a r y D e v e l o p m e n t P l a n R - 4 . d w g , 2 4 x 3 6 P D P C o n t . , 1 2 / 1 6 / 2 0 2 1 1 0 : 5 3 : 5 0 A M , v i c t o , E D C , I n c . Page 105 of 137 Page 106 of 137 Q. CN COMMERCIAL, NEIGHBORHOOD. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for limited retail trade and service activities covering a relatively small area and that is intended to serve the population living in surrounding neighborhoods. 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. Beauty and barber services. (723/724) b. Membership organizations subject to the provisions of Section 7.10.31. (86) c. Depository institutions. (60) d. Laundering and dry cleaning (self service). (7215) e. Real estate. (65) f. Repair services: (1) Electrical repair. (762) (2) Shoe repairs. (725) (3) Watch, clock, jewelry, and musical instrument repair. (7631) g. Retail trade (each building shall be less than 6,000 square feet gross floor area, all uses inclusive): (1) Antiques. (5932) (2) Apparel an accessories. (56) (3) Books and stationery. (5942/5943) (4) Cameras and photographic supplies. (5946) (5) Drugs and proprietary. (5912) (6) Eating places. (5812) (7) Florists. (5992) (8) Food stores. (54) (9) Gifts, novelties, and souvenirs. (5947) (10) Hobby, toy and game shops. (5945) (11) Household appliances. (572) (12) Jewelry. (5944) (13) Newspapers and magazines. (5994) (14) Optical goods. (5995) (15) Nurseries, lawn and garden supplies. (526) (16) Radios, TV's, consumer electronics and music supplies. (573) (17) Sporting goods and bicycles. (5941) (18) Tobacco products. (5993) h. Video tape rental. (784) Page 107 of 137 i. Low THC and medical marijuana dispensing facility. The facility may not be located within five hundred (500) feet of the real property that comprises a public or private elementary school, middle school, or secondary school. 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking and Loading Requirements. Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses: a. Car washes (self service only) -subject to the provisions of Section 7.10.22. (999) b. Day care ;hg;- adult. (8322) - child. (8351) c. Postal services. (4311) d. Retail trade: (1) Gasoline services - accessory to retail food stores under SIC-5411. (999) (2) Undistilled alcoholic beverages accessory to retail sale of food. (5921-Except for liquor) e. Telecommunication towers - subject to the standards of Section 7.10.23. (999) f. Self-storage facility limited to enclosed storage, single-story in height, and intended to serve the population living in surrounding neighborhoods. (999) 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00 and include the following: a. Drinking places (undistilled alcoholic beverages) accessory to an eating place. (999) b. One dwelling unit contained within the commercial building, for on-site security purposes. (999) 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) Page 108 of 137 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: 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 109 of 137 Page 110 of 137 01/06/2022 Page 111 of 137 01/06/2022Page 112 of 137 Date Mailed Friday, January 7, 2022 Planning and Development Services Department 772.462. 2822 Applicant/Property Owner: Ronald J. & Denise K. Buchmeyer 20910 Glades Cut-Off Road Port St. Lucie, FL 34987 Agent: Bradley J. Currie, AICP Engineering Design & Construction, Inc. (EDC) 10250 SW Village Pkwy, Ste 201 Port St. Lucie, FL 34987 Project Location(s): South of Midway Road and West of Christensen Road Parcel ID(s)#: 3403-502-0191-000-2 Future Land Use : RS (Residential, Suburban 2du/1ac) Existing Zoning: AR-1 (Agricultural, Residential-1 1du/ac) Proposed Zoning: PNRD (Planned Non-Res. Development) Recommendation Staff recommends the Planning & Zon- ing Commission forward recommen- dation of approval to the Board of County Commissioenrs. Staff Jodi Kugler-Nentwick Tel 772-462-1580 Email NentwickJ@stlucieco.org Public Hearing Notice Thursday, January 20, 2022 Notice of Planned Non-Residential Development & Preliminary Site Plan Project Description The petitioner, Ronald J. & Denise K. Buchmeyer is requesting an Amendment to the Official Zoning Atlas for a change in zoning (Rezoning) from the AR-1 (Agricultural, Residential-1 1du/ac) Zon- ing District to the PNRD Planned Non-Residential Development) Zoning District for one (1) parcel consisting of 0.999 acres located south of Midway Road and west of Christensen Road in Fort Pierce. Purpose: To rezone the property to PNRD Zoning District for the purpose of providing lim- ited retail trade and service activities needed to sere the surrounding neighbor-hood. Upcoming Public Hearing The St. Lucie County Planning and Zon-ing 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 Planning & Zoning Commission strongly encourages your input and com- Public comment for upcoming meetings can be submitted several ways: Email: NentwickJ@stlucieco.org or http://stluciecounty.formstack.com/ forms/public_coment_form Anyone with a disability requiring ac-commodations to attend this meeting may contact the SLC Community Risk Manager at least 48 hours in advance at 772-462-1546 or TDD 772-462-1428. Meeting Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL 34982 Meeting Time: 6:00 PM (or soon thereafter) PLANNING AND ZONING COMMISSION This notice is provided because you are an owner of property within 500 feet of the petition site. «CuO1LastName», «CuO1First-Name», «CuOStreet1» «CuOStreet2» «CuOCity», «CuOS- Page 113 of 137 Form 11-04 P&Z Display Ad – Revised 12/5/2017 ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA Thursday, January 20, 2022 NOTICE OF PROPOSED PLANNED NON-RESIDENTIAL DEVELOPMENT (PNRD) REZONING & PRELIMINARY SITE PLAN The St. Lucie County Planning and Zoning Commission is scheduled to review and make recommendations regarding the following item petitioned by the applicant for adoption by the Board of County Commissioners of St. Lucie County, Florida, by Resolution: RESOLUTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR A PLANNED NON-RESIDENTIAL DEVELOPMENT (PNRD) REZONING FROM AR-1, AGRICULTURAL RESIDENTIAL-1DU/AC ZONING DISTRICT TO PNRD, PLANNED NON-RESIDENTIAL DEVELOPMENT ZONING DISTRICT KNOWN AS MIDWAY & CHRISTENSEN PNRD FOR A PARCEL LOCATED IN ST. LUCIE COUNTY, FLORIDA. APPLICANT: Ronald J. & Denise K. Buchmeyer PURPOSE: To rezone the property to the PNRD (Planned Non-Residential Development) Zoning District for the purpose to provide limited retail trade and service activities intended to serve the surrounding neighborhoods. LOCATION: Address TBD – W. Midway Road, Fort Pierce, FL 34981 (South of Midway Road and West of Christensen Road) PROJECT FILE #: PUD_RZ-6202126073 PARCEL I.D(s): 3403-502-0191-000-2 PROPERTY OWNER: Ronald J. & Denise K. Buchmeyer Page 114 of 137 Form 11-04 P&Z Display Ad – Revised 12/5/2017 The Planning and Zoning Commission PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Thursday, January 20, 2022, beginning at 6:00 pm or as soon thereafter as possible. 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 Planning and Zoning Commission should be received by the Planning and Development Services Department - Planning Division at least three (3) days prior to the scheduled hearing. The petition files are available for review at the Planning and Development Services Department – Planning offices located at 2300 Virginia Avenue, Fort Pierce, Florida during regular business hours. Please call (772) 462-2822 or TDD (772) 462-1428 if you have any questions or require 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 Page 115 of 137 Form 11-04 P&Z Display Ad – Revised 12/5/2017 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 Manager 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/JAMES TAYLOR, CHAIRMAN PUBLISH DATE: FRIDAY, JANUARY 7, 2022 18 pt type for heading No smaller than 2 column inches wide by 10 inches long Send Proof to: St. Lucie County Planning and Development Services Department 2300 Virginia Avenue Fort Pierce, FL 34982 Phone - (772) 462-2822 Fax - (772) 462-1581 Send Bill to: St. Lucie County Planning and Development Services Department 2300 Virginia Avenue Fort Pierce, FL 34982 Phone - (772) 462-2822 Fax - (772) 462-1581 Page 116 of 137 Page 117 of 137 SUGGESTED MOTIONS: MIDWAY & CHRISTENSEN REZONE & PNRD MOTION TO APPROVE After considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in the St. Lucie County land development code, I hereby move that the Planning and Zoning commission forward a recommendation of approval to the St. Lucie County Board of County Commissioners for an amendment to the official zoning atlas for a planned non-residential development (PNRD) rezoning from AR-1 (Agricultural, Residential- 1) Zoning District to the PNRD zoning district and preliminary site plan for the purpose to provide limited retail trade and service activities intended to serve the surrounding neighborhood within the wawa Midway & Christensen PNRD, subject to the conditions of the resolution because...(cite reasons why - please be specific) MOTION TO DENY AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION FORWARD A RECOMMENDATION OF DENIAL TO THE OFFICIAL ZONING ATLAS FOR A PLANNED NON-RESIDENTIAL DEVELOPMENT (PNRD) REZONING FROM AR-1, (AGRICULTURAL, RESIDENTIAL-1) ZONING DISTRICT TO THE PNRD ZONING DISTRICT AND PRELIMINARY SITE PLAN FOR THE PRUPOSE TO PROVIDE LIMITED RETAIL TRADE AND SERVICE ACTIVITIES INTENDED TO SERVE THE SURROUNDING NEIGHBORHOOD WIHTIN THE MIDWAY & CHRISTENSEN PNRD, SUBJECT TO THE CONDITIONS OF THE RESOLUTION BECAUSE...(ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS FOR AN AMENDMENT (CITE REASONS WHY - PLEASE BE SPECIFIC) Page 118 of 137 ITEM NO.(ID # 2022-54609) DATE:1/20/2022 AGENDA REQUEST TO:Planning and Zoning Commission PRESENTED BY:Jodi Nentwick, Senior Planner SUBMITTED BY:Planning & Development Services SUBJECT:A County initiated Text Amendment to the Land Development Code to allow an alternative method for the subdivision of property in AG zoning BACKGROUND: At the October 21, 2021 Planning & Zoning Commission meeting, staff presented a draft ordinance intending to: 1. Amend Zoning Districts in Chapter 3 to add “Farmers markets and community supported agriculture (SIC 5431)” as permitted use in all agricultural zoning districts as part of a Rural Agricultural Subdivision. 2. Amend the TVC Overlay in Chapter 4 to specifically permit Rural Agricultural Subdivisions in the TVC outside the Urban Service Boundary; and 3. Create Section 7.10.27 in Chapter VII, Development Design and Improvement Standards,to include a stated purpose, applicability and development standards for Rural Agricultural Subdivisions. The applicability and scope was intended to: • Apply only to agricultural zoning outside the USB for a maximum subdivision of 10 lots. • Follow the same development review process as a Minor Site Plan and Plat. • Amend lot size and dimensional requirements from what exists for agricultural zoning districts in Chapter 7 (Table 7-10, Section 7.04.00, Area, Yard, Height and Open Space Requirements). • Exempt RAS applications from the requirements for paved road access (Section 7.05.07) and a landscape plan (Section 7.09.04). After discussion, the Commission passed a motion to continue the hearing until the January 20, 2022 meeting to provide Planning staff additional time to speak with landowners. Since the October meeting, an initiative to evaluate the established Urban Service Boundary is pending which would influence the intended amendment scope. PREVIOUS ACTION: On October 21, 2021, the Planning and Zoning Board requested to table this until January 20, 2022. FINANCIAL IMPACT: Page 119 of 137 N/A RECOMMENDATION: Staff recommends the Planning and Zoning Board to table this item, providing Staff an opportunity to pursue a future public workshop prior to noticing a future Planning & Zoning Commission hearing on this matter. COMMISSION ACTION: RESULT: MOVER: SECONDER:None AYES:None NAYS:None EXCUSED:None Coordination/Signatures Date: January 14, 2022 Benjamin Balcer, Planning & Development Services Assistant Director Date: January 17, 2022 Daniel McIntyre, County Attorney Date: January 18, 2022 Mark Satterlee, Deputy County Administrator Page 120 of 137 ORDINANCE No. File No. TLDC-XXXXX AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE REGARDING RURAL AGRICULTURAL SUBDIVISION DEVELOPMENT STANDARDS BY AMENDING SECTION 3.01.03 ZONING DISTRICTS; BY CREATING SECTION 7.10.36 RURAL AGRICULTURAL SUBDIVSION SUPPLEMENTAL STANDARDS; BY AMENDING SECTION 8.00.00 ACCESSORY USES AND STRUCTURES CREATING A NEW SECTION TO AGRICULTURAL SUBDIVISIONS AS AN ACCESSORY USE WITH LOCATION AND DIMENSIONAL STANDARDS WITHIN THE AGRICULTURAL AND SECTION 4.04.00 TVC-OVERLAY ZONE (TOWNS, VILLAGES) ZONING DISTRICTS, PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including not limited to the staff report, has made the following determinations: 1. On August 1, 1990, the Board of County County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. This Board 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, 3. This Board 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. 4. On September 16, 2021, the Local Planning Agency Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing due notice in the St. Lucie News Tribune and recommended that the proposed ordinance be forwarded with a recommendation for approval. 5. On _______________, 2021, this Board held the first public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. 6. On _______________, 2021, this Board held its second public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. 7. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Comprehensive Plan, are internally consistent with the remainder of the Land Page 121 of 137 Ordinance No. 2021-XX Rural Agricultural Subdivision Development Standards Page 2 Development Code and are in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. The specific amendments to the St. Lucie County Land Development Code to read as follows in strikethrough and underline format: CHAPTER III ZONING DISTRICTS 3.01.03. Zoning Districts A. AG-1 AGRICULTURAL - 1. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of one (1) dwelling unit per gross acre. The number in "( )" following each identified use corresponds to the SIC Code reference described in Section 3.01.02(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. (No changes to this section.) 3. Lot Size Requirements. (No changes to this section.) 4. Dimensional Regulations. (No changes to this section.) 5. Off-Street Parking and Loading Requirements. (No changes to this section.) 6. Landscaping Requirements. (No changes to this section.) 7. Conditional Uses. (No changes to this section.) 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Mobile homes subject to the requirements of Section 7.10.05. b. Retail trade and wholesale trade - subordinate to the primary authorized use or activity. c. Guest house subject to the requirements of Section 7.10.04. (999) d. Solar energy system subject to the requirements of Section 7.10.28. (999) e. Cargo containers subject to the requirements of Section 7.10.35. f. Farmers markets and community supported agriculture subject to the requirements of Section 7.10.36. (5431) B. AG-2.5 AGRICULTURAL - 2.5. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Residential densities are Page 122 of 137 Ordinance No. 2021-XX Rural Agricultural Subdivision Development Standards Page 3 restricted to a maximum of one (1) dwelling unit per two and one-half (2.5) gross acres. 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. (No changes to this section.) 3. Lot Size Requirements. (No changes to this section.) 4. Dimensional Regulations. (No changes to this section.) 5. Off-Street Parking and Loading Requirements. (No changes to this section.) 6. Landscaping Requirements. (No changes to this section.) 7. Conditional Uses. (No changes to this section.) 8. Accessory Uses: Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Mobile homes subject to the requirements of Section 7.10.05. b. Retail trade and wholesale trade - subordinate to the primary authorized use or activity. c. Guest house subject to the requirements of Section 7.10.04. (999) d. Solar energy system subject to the requirements of Section 7.10.28. (999) e. Cargo containers subject to the requirements of Section 7.10.35. f. Farmers markets and community supported agriculture subject to the requirements of Section 7.10.36. (5431) C. AG-5 AGRICULTURAL - 5. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of one (1) dwelling unit per five (5) gross acres. 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. (No changes to this section.) 3. Lot Size Requirements. (No changes to this section.) 4. Dimensional Regulations. (No changes to this section.) 5. Off-Street Parking and Loading Requirements. (No changes to this section.) 6. Landscaping Requirements. (No changes to this section.) 7. Conditional Uses. (No changes to this section.) Page 123 of 137 Ordinance No. 2021-XX Rural Agricultural Subdivision Development Standards Page 4 8. Accessory Uses: Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Mobile homes subject to the requirements of Section 7.10.05. b. Retail trade and wholesale trade - subordinate to the primary authorized use or activity. c. Guest house subject to the requirements of Section 7.10.04. (999) d. Solar energy system subject to the requirements of Section 7.10.28. (999) e. Cargo containers subject to the requirements of Section 7.10.35. f. Farmers markets and community supported agriculture subject to the requirements of Section 7.10.36. (5431) CHAPTER IV – SPECIAL DISTRICTS 4.04.03. - Overview of TVC Approval Processes. Development approvals for land designated TVC differ in several aspects from approvals in the remainder of unincorporated St. Lucie County. These processes can be summarized as follows: A. Owners of five hundred (500) or more acres of land located outside the USB and owners of 110 acres or more of land located inside the USB may seek approval of a new Town or Village by applying to rezone the land to the PTV (Planned Town or Village) zoning district. See Section 3.01.03.EE. B. Owners of less than five hundred (500) acres of land outside the USB may take any of the following actions: 1. Maintain the land in its natural state or with agricultural uses consistent with its agricultural zoning district and utilize the Transfer of Development Rights (TDR) program to move at least ninety percent (90%) of the unused transferable development value from the land to an eligible receiving site. See Section 4.04.05. 2. Subdivide the land into individual home sites using the transferable development value assigned to that land by applying to rezone the land to the PCS (Planned Country Subdivision) zoning district. See Section 3.01.03.FF. Alternately, land of less than 50 acres may be subdivided according to the Rural Agricultural Subdivision standards in Section 7.10.36. Upon approval of either of these options, the TDR program may not be used to transfer density to or from the land. 3. Utilize the Transfer of Development Rights (TDR) program to move or permanently set aside at least ninety percent (90%) of the transferable development value from the land and subdivide the land into individual home sites using the remaining development rights. See Section 4.04.04.D.3. Page 124 of 137 Ordinance No. 2021-XX Rural Agricultural Subdivision Development Standards Page 5 4. When consistent with the retail standards under Objective 3.1.8 of the TVC Element or the workplace standards under Objective 3.1.10 of the TVC Element, apply to rezone the land to the PRW (Planned Retail/Workplace) zoning district. See Section 3.01.06.GG. (Sections C through E, no changes) CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.00.00. General Provisions. 7.10.00. Supplemental Standards. Section 7.10.00 is hereby amended to create a new Section 7.10.36. “Rural Agriculture Subdivision” as follows: Section 7.10.36 – Rural Agricultural Subdivisions (RAS) A. Purpose. The Agricultural Subdivision development standards are intended to provide a process for subdividing land for small-scale agricultural use while allowing standards for subdivision into large single-family lots below the permitted density of the Agricultural zoning district. The Rural Agricultural Subdivision is intended to: 1. Protect, preserve and promote the consistent development of small agricultural farms, 2. Preserve the historic rural character in western St. Lucie County, 3. Support local produce and farm-to-table opportunities, 4. Facilitate local agriculture in supporting the food system supply chain, and 5. Support a healthy, diversified local economy. B. Applicability. Rural Agricultural Subdivisions (RAS) are permitted only on land zoned AG-1 (Agricultural – 1), AG-2.5 (Agricultural – 2.5) and AG-5 (Agricultural 5) outside the USB. To remain under the threshold of a small traffic generator, applications for RAS are limited to a maximum of 10 lots. C. Development standards The intent of the RAS is, in part, to increase the amount of land available for small farm uses and production. The following development standards would provide for individual, privately-owned residential lots of sufficient size to accommodate small farming operations on site. LOT SIZE AND DIMENSIONAL REQUIREMENTS Page 125 of 137 Ordinance No. 2021-XX Rural Agricultural Subdivision Development Standards Page 6 Zoning District Maximum Gross Density (Du/Ac) (a) Maximum Develop- ment Area Minimum Lot Size Min. Lot Width (feet) Min. Road Frontage (feet) Minimum Yard Max. Height (feet) Max. Lot Coverage by Bldgs. Front (feet) Rear (feet) Side (feet) AG-1 (AGRICULT URAL – 1) 1 0.2 50 acres 43,560 SF 5 acres 150 200 60 100 50 30 20 50 80 20% AG-2.5 (AGRICULT URAL - 2.5) 0.4 0.1 100 acres 108,900 SF 10 acres 150 300 60 100 50 30 20 50 80 15% AG-5 (AGRICULTURAL – 5) 0.2 0.05 N/A 217,800 SF 15 acres 150 400 60 200 50 30 20 50 80 10% 1. Additional standards and exemptions: a. Paving exemption: RAS applications are exempt from the requirements of Section 7.05.07 regarding paved road access. Access drives must be under the establishment of a property owners association to control access and maintenance and is provided for on the plat. Paving surface is subject to approval by the County Engineer. b. Landscape plan exemption: RAS applications are exempt from the requirements of Section 7.09.04, General Landscaping Requirements and associated submittal requirements identified in 11.02.09, Submittals for Minor and Major Site Plans. An Environmental Impact Report, or EIR waiver from the Environmental Resources Director, is required including tree mitigation requirements per Section 6.00.05.D. Landscape standards for single-family home construction apply upon submittal for a building permit. c. Approval procedure: The RAS is processed as a Minor Site Plan followed by a plat. Upon RAS approval, no further subdivision of land may occur without full compliance with all sections of the Land Development Code through a Major Site Plan and re-plat application process and adoption of an MSBU to finance all applicable infrastructure meeting County standards. d. Minimum lot width: RAS applications must meet increased minimum lot width standards for residential lots to accommodate agricultural uses that minimize impacts to location of homes. e. Open Space: Any Common Open Space identified in the site plan must be dedicated to and managed by a property owners association. In addition to serving as a general amenity for the residential community, such spaces may be used for a farmer’s market or community supported agriculture operation for the sale and distribution of products grown on site. D. Authorized Uses. The same uses are authorized as identified in the Agricultural-1, Agricultural-2.5 and Agricultural-5 zoning districts. CHAPTER VIII ACCESSORY AND TEMPORARY STRUCTURES AND USES. 8.00.00. Accessory uses and structures are hereby amended to create: Page 126 of 137 Ordinance No. 2021-XX Rural Agricultural Subdivision Development Standards Page 7 8.00.03. - Particular Permitted Accessory Structure and Uses in Residential, Agricultural, and Planned Unit Development Districts. N. Rural Agricultural Subdivisions (RAS) subject to the requirements of Section 7.10.36. PART B. 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 this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. 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 provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chris Dzadowsky, Chair ______ SeanMitchell, Vice Chair ______ Linda Bartz, Commissioner ______ Page 127 of 137 Ordinance No. 2021-XX Rural Agricultural Subdivision Development Standards Page 8 Frannie Hutchinson, Commissioner ______ Cathy Townsend, Commissioner ______ PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Complied Laws, and the word “ordinance” may be changed to “section”, “article”, or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. PASSED AND DULY ENACTED this ___ day of __________, 2021. Attest: Board of County Commissioners St. Lucie County, Florida By: Deputy Clerk Chair Approved As To Form and Correctness: By: County Attorney Page 128 of 137 Planning and Development Services Department Planning Division M E M O R A N D U M TO: Planning and Zoning Commission THROUGH: Leslie Olson, AICP, Director Benjamin Balcer, Assistant Director FROM: Jodi Nentwick, Senior Planner Kara Wood, Planning Consultant, Calvin Giordano & Assoc. DATE: September 16, 2021 SUBJECT: Text Amendment to the Land Development Code Rural Agricultural Subdivisions The County has initiated a Text Amendment to the Land Development Code (LDC) to allow an alternative method for the subdivision of property in the AG-1 (Agricultural-1), AG-2.5 (Agricultural-2.5), and AG-5 (Agricultural -5) Zoning Districts. The County currently requires that all proposed site plan developments have paved access from a public road. For small residential subdivisions in agricultural zoning districts this poses a substantial challenge. The purpose of agricultural zoning districts “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.” As a result, these land areas have narrow, unpaved rights-of-way that were never intended to carry a significant number of vehicular trips from residential and commercial uses. Large developments, which propose to convert significant land acreage from agricultural production to residential use that maximizes density, can more effectively carry the costs of road paving commensurate with the increased impact created. Smaller subdivisions of land, resulting in larger lots that could continue agriculture operations, do not have this carrying cost capacity and do not yield considerable traffic impact. Therefore, staff is recommending a distinct process for such subdivisions by way of the proposed Rural Agricultural Subdivision Development Standards. The general function of the draft ordinance is as follows: 1. Amends Zoning Districts in Chapter 3 to add “Farmers markets and community supported agriculture (SIC 5431)” as permitted use in all agricultural zoning districts as part of a Rural Agricultural Subdivision. 2. Amends the TVC Overlay in Chapter 4 to specifically permit Rural Agricultural Subdivisions in the TVC outside the Urban Service Boundary. 3. Creates Section 7.10.27 in Chapter VII, Development Design and Improvement Standards, to include a stated purpose, applicability and development standards for Rural Agricultural Subdivisions. • Applies only to agricultural zoning outside the USB for a maximum subdivision of 10 lots. • Follows the same development review process as a Minor Site Plan and Plat. • Amends lot size and dimensional requirements from what exists for agricultural zoning districts in Chapter 7 (Table 7-10, Section 7.04.00, Area, Yard, Height and Open Space Requirements). • Exempts RAS applications from the requirements for paved road access (Section 7.05.07) and a landscape plan (Section 7.09.04). Page 129 of 137 Project Name: LDC Text Amendment Rural Agricultural Subdivisions 2 TEXT AMENDMENT STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE Pursuant to St. Lucie County Land Development Code (LDC) Section 11.06.03, the Development Review Committee (DRC) has reviewed the proposed Text Amendment and found it to meet the technical requirements and standards of review. In reviewing this application for a Text Amendment to the LDC, 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 text amendment is internally consistent with the Land Development Code. The amendment will define and provide an alternative method of subdividing property within agricultural zoning districts. B. Whether the proposed amendment is in conflict with all elements of the St. Lucie County Comprehensive Plan; The proposed amendments are consistent with Future Land Use Element Objective 1.1.3 in its intent to support small agricultural operations in concert with residential uses by allowing an easier process outside the USB (Urban Service Boundary) to subdivide land into lots larger than what is currently permitted as a maximum density. Increased standards for lot widths and setbacks also help to prevent adverse impacts of agriculture operations upon nearby residences as referenced in Policy 1.1.3.6. Objective 1.1.4 directs the County to amend the Land Development Code as needed to support such policies. Urban sprawl is mitigated through the limitations of the Rural Agricultural Subdivision to land outside the USB and requires that such “development be designed and planned in a manner which does not place an economic burden upon the services and facilities of St. Lucie St. Lucie County.” The proposed Rural Agricultural Subdivision further supports the Comprehensive Plan by complementing the “sustainable model development” in the TVC area to “preserve the rural character” and “encourage[s] opportunities for continued agriculture.” Following are relevant referenced Goals, Objectives and Policies: Goal 1.1: Ensure the highest quality living environment possible, through a mixture of land uses reflecting the needs and desires of the local residents and how they want their community to develop. The goal shall be implemented by strictly enforced building, zoning and development codes based on objectives and policies that will enhance St. Lucie County's natural and man-made resources while minimizing any damage or threat of degradation to the health, safety and welfare of the county's citizens, native wildlife and environment, through incompatible land uses. Objective 1.1.3: Agricultural Sustainability. Provide in the Land Development Code provisions for a compatible and coordinated land use pattern which establishes agriculture as the primary use outside of the urban service boundary and promotes retention of agricultural activities, preserves natural resources and maintains native vegetative habitats and allows new development in accordance with the Towns, Villages and Countryside Goals, Objectives and Policies for settlement outside of the urban service boundary within the Special Area Plan for North St. Lucie County. Policy 1.1.3.6 - Provide adequate buffering and/or setbacks between agriculture and non-agricultural uses to protect such agricultural uses from adverse impacts associated with encroachment of non-agricultural development or creation of nuisances by agricultural operations, with the use of Agricultural Best Management Practices. Objective 1.1.4: Implementing Land Development Code. Review and amend, as required, the County's Land Development Code which support the implementation of the Future Land Use Element, and the other components of the St. Lucie County Comprehensive Plan. Page 130 of 137 Project Name: LDC Text Amendment Rural Agricultural Subdivisions 3 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 1.1.5.2 - Require that new development be designed and planned in a manner which does not place an economic burden upon the services and facilities of St. Lucie St. Lucie County. Objective 11.1.2: To create an incentive-based policy framework that limits growth in the Towns, Villages and Countryside areas to a sustainable model of development while maintaining the community’s rural character and improving the citizens’ quality of life. Objective 11.1.4: To prevent suburban sprawl by restricting the development of lands outside of the Urban Service Boundary to a system of compact, mixed-use, pedestrian-friendly Towns and Villages. Policy 11.1.4.1 - TVC Development. Development within the TVC is intended to do the following: • Preserve the rural character, encouraging opportunities for continued agriculture; • Offset biological and ecological impacts of new development; • Improve the water quality within the Indian River Lagoon; • Manage water comprehensively throughout the area; • Provide an interconnected system of native habitat preserves, greenways, parks, and open space; • Reduce automobile trips; • Balance housing with workplaces, jobs, retail and civic uses; • Provide a variety of housing types to support residents of diverse ages, incomes, family sizes, and lifestyles; • Create predictability and efficiency in planning and in the provision of infrastructure; • Allocate infrastructure and public service costs to provide for fiscal neutrality. C. Whether and the extent to which the proposed amendment is inconsistent with the existing and proposed land uses; The proposed Text Amendment is not inconsistent with existing or proposed land uses. The intent is to allow limited continued subdivision of land reflective of a pattern of land and uses that already exists. D. Whether there have been changed conditions that require an amendment; The proposed ordinance seeks to address continued requests for landowners to implement small-scale subdivision of land for large residential lots that can accommodate agricultural uses in agricultural zoning districts outside the USB. 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 proposed Text Amendment will not result in additional demands on public facilities, especially as compared to what is currently possible if residential density is maximized in the effected areas. Only development of 10 lots or less that is considered to be a small traffic generator is eligible to subdivide under the Rural Agricultural Subdivision standards. No impacts would be created that would effect other referenced public facilities beyond transportation. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed Text Amendment would not result in adverse impacts on the natural environment. The proposed text amendment is not expected to increase development pressures on natural areas and does not modify or exempt improvements from any of the County’s natural resource protection standards. Page 131 of 137 Project Name: LDC Text Amendment Rural Agricultural Subdivisions 4 G. 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 have an adverse impact on property values in the area. On the contrary, the ability to more easily subdivide less than 10 lots without having to provide paved roadway access would likely support agricultural property values. 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; The proposed ordinance does not propose or result in an amendment to the Official Zoning Atlas and will maintain an orderly and logical development pattern. Lot size, density, dimensional requirements and setbacks for the Rural Agricultural Subdivision will more closely mimic the existing pattern and support the joint use of residential and agricultural uses within the same subdivision. 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; The proposed amendment is not in conflict with the public interest and is in harmony with the purpose and intent of this code. Based on discussions with rural property owners and their representatives, there is a strong interest in such rural subdivisions in the agricultural areas of St. Lucie County. 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 Land Development Code Text Amendment. STAFF RECOMMENDATION: Staff finds this petition to meet the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code, and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends the Planning and Zoning Commission forward this petition to the Board of County Commissioners with a recommendation of approval. Page 132 of 137 Present Excused PLANNING & ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA Regular Meeting October 21, 2021 Convened: 6:00 PM Adjourned: 8:09 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM, by Chair Taylor. 2. PLEDGE OF ALLEGIANCE 3. INVOCATION The invocation was done by Mr. Bridgers. 4. ROLL CALL Chair James A. Taylor, Vice-chair Bob Lowe, Board Member Billy O'Dell, Chair Craig Mundt, Board Member Ed Lounds, Board Member Lawrence "Beau" Slay, Board Member Ryan Binner, Board Member Craig Bridgers Board Member Valerie Slack 5. ANNOUNCEMENTS No announcements. 6. DISCLOSURE(S) No disclosures. 7. MINUTES A. St. Lucie County Planning & Zoning Commission minutes for the meeting of September 16, 2021. Page 133 of 137 Planning & Zoning Commission Meeting Thursday, October 21, 2021 6:00 PM 2 | P a g e APPROVE Vice-chair Bob Lowe Craig Mundt Chair James A. Taylor, Billy O'Dell, Craig Mundt, Lawrence "Beau" Slay, Craig Bridgers None None RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: RESULT: Approve. Note: Mr. Lounds and Mr. Binner arrived after the approval of the minutes. 8. PUBLIC COMMENT No public comment. 9. PUBLIC HEARINGS A. Ordinance No. 21-039 Regarding Sidewalks in Residential Development with Lot Sizes of 2.5 Acres or Greater BOARD MEMBER DISCLOSURES Presented by Caroline Valentin, Assistant County Attorney. STAFF RECCOMENTDATION: Staff recommends that the Planning & Zoning Commission forward the draft Ordinance to the Board of County Commissioners with a recommendation of approval. DISCUSSION: Ms. Valentin and Leslie Olson, Planning and Development Services Director, answered various questions posed by Mr. Sanders, Mr. Mundt, Mr. Lounds, Mr. Slay and Mr. Binner regarding safety, size and text amendment wording. RESULTS: Approve with conditions: 1. Stabilized surface 2. Maintain width requirements as stated in the Code Page 134 of 137 Planning & Zoning Commission Meeting Thursday, October 21, 2021 6:00 PM 3 | P a g e APPROVE WITH CONDITIONS Board Member Ryan Binner Board Member Ed Lounds Chair James A. Taylor, Vice-chair Bob Lowe, Billy O'Dell, Craig Mundt, Ed Lounds, Lawrence "Beau" Slay, Ryan Binner, Craig Bridgers RESULT: MOVER: SECONDER: AYES: B. A County initiated Text Amendment to the Land Development Code to allow an alternative method for the subdivision of property in the AG-1 (Agricultural-1), AG-2.5 (Agricultural-2.5) Zoning Districts. BOARD MEMBER DISCLOSURES Presented by Kara Wood, Planning Consultant. The general function of the draft ordinance is as follows: 1. Amends Zoning Districts in Chapter 3 to add “Farmers markets and community supported agriculture (SIC 5431)” as permitted use in all agricultural zoning districts as part of a Rural Agricultural Subdivision. 2. Amends the TVC Overlay in Chapter 4 to specifically permit Rural Agricultural Subdivisions in the TVC outside the Urban Service Boundary. 3. Creates Section 7.10.27 in Chapter VII, Development Design and Improvement Standards, to include a stated purpose, applicability and development standards for Rural Agricultural Subdivisions. • Applies only to agricultural zoning outside the USB for a maximum subdivision of 10 lots. • Follows the same development review process as a Minor Site Plan and Plat. • Amends lot size and dimensional requirements from what exists for agricultural zoning districts in Chapter 7 (Table 7-10, Section 7.04.00, Area, Yard, Height and Open Space Requirements). • Exempts RAS applications from the requirements for paved road access (Section 7.05.07) and a landscape plan (Section 7.09.04). STAFF RECOMMENDATION: Staff recommends that the Planning & Zoning Commission forward the draft Ordinance to the Board of County Commissioners with a recommendation of approval. DISCUSSION: Ms. Wood and Leslie Olson, Planning & Development Services Director, answered various questions posed by Mr. Lounds, Chair Taylor, Mr. Slay, Mr. Binner regarding lot size, future land use, utilities, density, AG zoning district sections, supplemental standards, paving waivers, internal roads, right- of-way. None None NAYS: EXCUSED: Page 135 of 137 Planning & Zoning Commission Meeting Thursday, October 21, 2021 6:00 PM 4 | P a g e TABLE (JANUARY 20, 2022 P&Z MEETING) Board Member Ed Lounds Vice-chair Bob Lowe Chair James A. Taylor, Vice-chair Bob Lowe, Billy O'Dell, Craig Mundt, Ed Lounds, Lawrence "Beau" Slay, Ryan Binner, Craig Bridgers None RESULT: MOVER: SECONDER: AYES: NAYS: RESULT: Table to give Planning staff additional time to speak with landowners (January 20, 2022 P&Z Meeting) C. A County initiated Text Amendment to the Land Development Code to establish requirements for a Stormwater Grading Plan for Single-Family and Duplex Infill Development. BOARD MEMBER DISCLOSURES Presented by Monica Graziani, Building & Code Regulations Manager. The proposed amendment provides standards to capture the stormwater runoff. Below are highlights of the proposed standards: 1. Limit the amount of fill placed on a site 2. The finished floor shall be no greater than three feet above the crown of the road. 3. The plan shall include roof drainage. 4. The stormwater grading plan shall provide a swale design along the lot's perimeter, rear to front drainage flow. 5. Swales shall be no greater than 1 or 2 feet in width. 6. Swales must be maintained. 7. An approved final inspection of the stormwater grading plan is required for a certificate of occupancy. STAFF RECOMMENDATION: Staff recommends that the Planning & Zoning Commission forward the draft Text Amendment to the Board of County Commissioners with a recommendation of approval. DISCUSSION: Ms. Graziani, Katherine Barbieri, Assistant County Attorney and Leslie Olson, Planning & Development Services Director, answered various questions posed by Mr. Lounds, Mr. O'Dell, Mr. Lowe, Chair Taylor, Mr. Bridgers, Mr. Sanders regarding roof drainage, 2-foot swell, finished floor, construction, code enforcement, applicable lots, definition of infill, flooding recourse, conveyance system, maintenance requirements, longitudinal slope and B-type drainage. EXCUSED: None Page 136 of 137 Planning & Zoning Commission Meeting Thursday, October 21, 2021 6:00 PM 5 | P a g e APPROVE Board Member Billy O'Dell Board Member Ed Lounds Chair James A. Taylor, Vice-chair Bob Lowe, Billy O'Dell, Craig Mundt, Ed Lounds, Lawrence "Beau" Slay, Ryan Binner, Craig Bridgers RESULT: MOVER: SECONDER: AYES: RESULT: Approve with the following consideration construction type, longitudinal slope, reevaluate neighbors with lower elevations, alternative scenarios/ options for engineers to provide a plan, roof drainage 10. WORKSHOPS No workshops. 11. OTHER BUSINESS Confirmed November meeting. 12. ADJOURN Meeting was adjourned by Chair Taylor at 8:09 AM. None None NAYS: EXCUSED: Page 137 of 137