HomeMy WebLinkAboutAgenda Packet 09.17.2020PLANNING & ZONING COMMISSION
AGENDA
ST. LUCIE COUNTY
Regular Meeting
Thursday, September 17, 2020
6:00 PM
St. Lucie County Commission Chambers
2300 Virginia Avenue
3rd Floor of Roger Poitras Building
Fort Pierce, FL 34982
BOARD MEMBERS
CHAIRMAN
WILLIAM O’DELL
VICE‐CHAIRMAN
JAMES TAYLOR
BOARD MEMBER
CRAIG MUNDT
BOARD MEMBER
VALERIE SLACK
BOARD MEMBER
CRAIG BRIDGERS
BOARD MEMBER
ED LOUNDS
AT‐LARGE BOARD MEMBER
LAWRENCE “BEAU” SLAY
AT‐LARGE BOARD MEMBER
ROBERT LOWE
AT‐LARGE BOARD MEMBER
RYAN BINNER
EX‐OFFICIO BOARD MEMBER
MARTY SANDERS
Mission Statement
To provide service, infrastructure and leadership necessary to advance a safe and sustainable community,
maintain a high quality of life, and protect the natural environment for all our citizens
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Regular Meeting Thursday, September 17, 2020 6:00 PM
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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 the Planning and Zoning Commission / Local Planning Agency of St. Lucie County, Florida, are
electronically recorded. If a person decides to appeal any recommendation made by the Planning and Zoning Commission /
Local Planning Agency with respect to any matter considered at such meeting or hearing, he 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, by hiring their
own court reporter at their own expense, to create a record that includes the testimony and evidence upon which the appeal
is based. Upon the request of any party to the proceedings, 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.
Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk Manager at
least forty‐eight (48) hours prior to the meeting at (772) 462‐1546 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
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Regular Meeting Thursday, September 17, 2020 6:00 PM
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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 August 20, 2020.
8.PUBLIC COMMENT
9.PUBLIC HEARINGS
A.Garcia Rezone ‐ Amendment to the official Zoning Atlas (Rezone) from IX (Industrial, Extraction)
Zoning District to the AG‐5 (Agricultural ‐ 1du/5ac) Zoning District.
10.WORKSHOPS
11.OTHER BUSINESS
12.ADJOURN
Page 3 of 44
Present
Excused
PLANNING & ZONING COMMISSION
ST. LUCIE COUNTY, FLORIDA
Regular Meeting
August 20, 2020 Convened: 6:01 PM
Adjourned: 7:07 PM
1.CALL TO ORDER
The meeting was called to order by Chairman O'Dell at 6:01 PM.
2.PLEDGE OF ALLEGIANCE
3.INVOCATION
The invocation was led by Mr. Bridgers.
4.ROLL CALL
The meeting was called to order at 6:01 PM, by Chair Billy O'Dell
Chair Billy O'Dell, Board Member, Board Member Bob Lowe, Board Member Craig Mundt, Board
Member Ed Lounds, Vice-Chair James A. Taylor, Board Member Ryan Binner, Board Member Valerie
Slack, Board Member Craig Bridgers
Board Member Lawrence "Beau" Slay
5.ANNOUNCEMENTS
None.
6.DISCLOSURE(S)
None.
7.MINUTES
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Planning & Zoning Commission Meeting Thursday, August 20, 2020 6:00 PM
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APPROVE
Board Member Ed Lounds
Board Member Bob Lowe
Billy O'Dell, Bob Lowe, Craig Mundt, Ed Lounds, James A. Taylor,
Ryan Binner, Valerie Slack, Craig Bridgers
None
None
RESULT:
MOVER:
SECONDER:
AYES:
NAYS:
EXCUSED:
A.St. Lucie County Planning & Zoning Commission minutes for the meeting of July 16, 2020.
Approved unanimously.
8.PUBLIC COMMENT
None.
9.PUBLIC HEARINGS
A.All Contractor Services, Inc. ‐ Amendment to the Official Zoning Atlas
(Rezoning) from RF (Religious Facilities) to AG‐2.5 (Agricultural ‐ 2.5)
Zoning District.
Presented by Tahir Curry, Associate Planner.
Agenda Item #9A is a Rezone Petition for All Contractor Services, Inc.; a 6.65-acre site located on the
Southeast corner of Okeechobee Road and Eleven Mile Road, at 11275 Okeechobee Road. This item was
continued from the July 16, 2020, P & Z meeting. The Future Land Use designation is RE (Residential Estate),
The Residential Estate (RE) land use category “is intended to act as a transitional area between the
agricultural areas and the more intense residential areas in the eastern portion of the County.
The proposed rezoning to the AG-2.5 (Agricultural-2.5) Zoning District is consistent with the Residential
Estate Future Land Use designation, per the Comprehensive Plan Table 1-3 - Land Use Designation / Zoning
Compatibility Chart. On May 16, 2000, the St. Lucie County Board of County Commissioners approved
Resolution 00-024, granting a change in zoning from the AG-2.5 (Agricultural - 2.5) to the RF (Religious
Facilities) Zoning District for the subject property. The site is currently has a zoning designation of Religious
Facilities.
Mailed out notices were sent to 12 property owners within 500 ft. of the subject site. The Planning
Department received one (1) response in favor of the proposed rezone, highlighted in green.
Jeanne R. Bailey is in favor of the rezone 2328-501-0002-000-5
8306 Hibiscus Rd, Fort Pierce, FL 34951
A Notice of Violation was sent to the due to several prohibited and abandoned items being stored on the
property. The applicant is working with Code Enforcement and the Planning Department on correcting
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Planning & Zoning Commission Meeting Thursday, August 20, 2020 6:00 PM
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the violation on the subject site. Most of the violations have been corrected except for a barn structure
built without a building permit, which is nonconforming in the existing zoning district. Should the
rezoning be approved, the property owner will need to apply for an after the fact permit to bring the site
into compliance.
STAFF RECOMMENDATION
This petition conforms to the Standards of Review as set forth in St. Lucie County Land Development Code
Section 11.06.03 and is consistent with the St. Lucie County Comprehensive Plan goals, objectives, and
policies.
Mr. Lowe disclosed that he discussed the petition with agent of the Dennis Murphy, with Culpepper &
Terpening, Inc.
AGENT PRESENTATION
Dennis Murphy, Culpepper & Terpening Inc. 2980 S 25th St, Fort Pierce FL, 34981. Request that the Board
forward a recommendation of approval to BOCC to change the current zoning from RF (Religious Facilities)
to AG-2.5 (Agricultural - 2.5) to allow a home construction and future endeavors. He also tated that all the
equipment on the property that caused the Code violation has been removed from the site with the
exception of the shade shelter, which provides shelter for their horses on the property and will be
addressed.
QUESTIONS FOR THE AGENT
Mr. Lounds asked if there is a business currently being run on the property. Dennis stated no, however
there are commercial opportunities the applicants intention is to construct a home on the property with
potential business use within the guidelines of County codes. Marty asked if this the same property that
was an applicant was previously proposing to construct a charter school. Dennis stated yes, however the
project did not advance.
RESULT:APPROVE
MOVER:Vice-Chair James A. Taylor
SECONDER:Board Member Bob Lowe
AYES:Billy O'Dell, Bob Lowe, Craig Mundt, Ed Lounds, James A. Taylor, Ryan Binner, Valerie Slack, Craig
Bridgers
NAYS:None
EXCUSED:None
B.Backyard Chickens Ordinance
Presented by Katherine Barbieri, Assistant County Attorney. Also assisting was Monica Graziani,
Building & Code Regulations Manager.
Presenting an ordinance to allow backyard chickens with conditions. Staff recommends a ‘registration’
program for all new chicken owners.
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Registration to include a nominal fee of $ 25.00 and the following standards:
1.Coop standards / need setbacks from neighboring properties
2.Exclude the River Park Subdivision / Overlay District
3.Chicken Waste - nitrogen impacts to Indian River Lagoon
4.Odors
5.Noise - prohibit roosters
6.Rodents / storage of feed / no plastic containers
7.Disposal of deceased chickens
8.Diseases - Veterinary Care - Consult with Dr. Adams, a local farm animal/equine/livestock vet)
9.Permit requirement - do not require
10.Coop size four feet per bird maximum 125 ft. maximum height, screening to ease noise and order
11.No rooster
12.Five chickens maximum per household
13.RS-2, RS-3 and RS-4, excluding River Park overlay zone.
14.No onsite slaughtering
Section 7.10.03 Animals in Residential Districts, St. Lucie County Land Development Code states:" A. Except
as provided in this section, no animals shall be kept in any residential district except those animals generally
recognized as household pets, such as dogs, cats, caged birds. It recognizes chickens as farm animals, not
caged birds.
STAFF RECOMMENDATION
Staff recommends that the Planning & Zoning Commission forward the petition to the Board of County
Commissioners with a recommendation of approval.
QUESTIONS FOR STAFF
Mr. Lowe asked about the policy to enforce backyard chicken ordinance rules and regulations. Ms. Barbieri
stated that it’s up to a $250 fine per day, and 2-hearing process. Chair O’Dell asked about the maximum
number of chickens. Ms. Barbieri stated that the five chickens per household, no rooster. Mr. Lounds asked
about the housing of the chicken. Mr. Barbieri stated that they cannot be free range and must be in a cage,
if outside the care, must be watched by their owners. Mr. Mundt asked about setbacks/ waterways and
the process by which a neighbor can file a complaint. Mr. Lowe asked about the size of the property and if
homeowners in HOA can apply for the chicken permit. At least 10,000 sf with a single-family occupied
home. Homeowner’s association approval letter must be provided. Chair O’Dell asked about the financial
impact of the permit. Mr. Barbieri stated $25.00 for the applicant and $109.00. Vice-chair Taylor asked with
the permit would be associated to the owner of the home. Mr. Barbieri explained that the permit is voided
with the new home ownership. Various questions were asked regarding inspection of chickens/, potential
sales of chickens/eggs, potential virus/disease transmissions,
Monica Graziani, Building & Code Regulations Manager, spoke about the recommendations of Dr. Brett
Adams, Midway Veterinary Hospital, regarding transmission of viruses and diseases from chickens to
human. She also discussed the proposal to encourage chicken registration and the requirement of annual
inspections and chicken coop droppings. Further discussions regarding 4-H children involved with Chickens
and how many sites would be created if the Backyard Chicken Ordinance were adopted. Also discussed the
number of cases of complaints within the past five years which totaled approximately sixty; the financial
impact and alternate ways to inspect.
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Planning & Zoning Commission Meeting Thursday, August 20, 2020 6:00 PM
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Further discussion regarding the design of the coop such as mobility and height.
VIRTUAL PUBLIC COMMENT
Read by Nadege Pierre, Board Clerk:
“Hello,
Thank you for asking my opinion on this matter. I love living in IRE because of the freedoms provided to us
that the city of PSL and Fort Pierce do not have. I hope to never be annexed. As far as homeowners wishing
to responsibly care for chickens on their property has my vote. I would suggest/request that noone start a
Purdue chicken farm in our neighborhood lol...but I smile when I hear roosters, it is nature at its best and
certainly feel it is a nice freedom to have while living in IRE.
IRE may not be for everyone, I know the minor complaints will fix themselves. I believe we have lived
many years in harmony for the most part and hope for a future to be the same.
Port Saint Lucie is nice and quiet, regimented, filled with do nots..that people might feel more comfortable
moving to if they are unhappy in IRE. Thank you for keeping IRE one of the last areas around, that is family
oriented, clean, and especially free from a foot on our neck from rules and regulations. The
homeowners/volunteer association, assist with allowing people to be self accountable, and responsible
human beings and self governing in a way. The way things should be. Thank you for the opportunity to
have an input on this subject and for considering our feelings, I am a proud homeowner in IRE. Hopes that
other homeowners feel the same. As always, if our neighborhood is ever in need and my family can assist,
please do not hesitate to ask. Looking forward to speaking with the Association in the future. Stay well!
Warm Regards,
Wighard-Downey family on Palmetto Drive
The last comment is from myself, Shawn DeSantis. I read the ordinance and took issue with the Registration
Program / permit. I will send a separate email with my edits and comments of the draft ordinance. The
comment below is my own and does not necessarily represent the view of the IRE board, association
members, or residents in IRE:
I appreciate the county’s willingness to address this topic. Many residents are interested, as am I, in keeping
chickens; and a lot already do. However, I do not support a Chicken-Keeping Registration Program. I do not
support or want the county to regulate this to such an extent. This is part of the annoyance of big
government and an overstep of your authority. You are making unreasonable requests, adding a tax, and
requiring me to submit to annual inspection without a warrant or cause, see the 4th amendment. I see no
cause for an annual inspection to keep 5 domesticated chickens.
You do not require a permit to keep domesticated dogs or cats, exotic birds, or a vegetable garden. I
don’t believe it is the right of the county to allow or deny me the ability to keep a small flock of
domesticated chickens intended to provide nutrition for my family. It is a right as self-evident as a
vegetable garden.
People are already keeping chickens and it is a code violation. What makes you think we will go through
this ridiculous and lengthy process?
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Planning & Zoning Commission Meeting Thursday, August 20, 2020 6:00 PM
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I am ok with some of the restrictions and codes in this ordinance. We understand the difference between
rural and suburban environments. Enforcement of the code does not need to take the form of a permitting
process but instead, as with other code violations, on a case by case basis as/if needed.
Submitted with respect,
Shawn DeSantis”
PULBIC COMMENT
Forest Blanton, 6905 S Indian River Drive, Fort Pierce, FL 34982. He is in favor of the Chicken Ordinance
and is in favor of the annual inspection lives in RE-2 and request that RE-2 and RE-1 be included in the
Chicken Ordinance.
Various questions regarding chicken registration for renters. Both owner and tenant would have to
complete the registration and be held accountable for any violations. The permit is non-transferable. At
this point chickens are the only animals be considered.
RESULT
Forward a recommendation of approval with the following recommendation to BOCC:
1.Remove annual inspection
2.Remove language that references land development standards regarding the coop
3.Consider additional set-back along waterways with respect to a chicken coop
4.Incorporate additional zoning districts—RE-1 and RE-2
5.Clarify the language with regard to landlord and tenant approval
6.Allow movable coops as long as it is within the set-back
RESULT:APPROVE
MOVER:Board Member Ed Lounds
SECONDER:Board Member James A. Taylor
AYES:Billy O'Dell, Bob Lowe, Craig Mundt, Ed Lounds, James A. Taylor, Ryan Binner, Valerie Slack, Craig
Bridgers
NAYS:None
EXCUSED:None
10.WORKSHOPS
None.
11.OTHER BUSINESS
Chair O'Dell stated that the September Planning and Zoning Commission meeting date has been res
cheduled to the usual Third Thursday (September 17, 2020) as there is no conflict with the Budget H
earing meeting this year.
12.ADJOURN
The meeting was adjourned by Mr. O'Dell at 7:07 PM.
Page 9 of 44
Planning Division Agenda Item Summary
Applicant/Property Owner
Lucina Garcia 118 Sandy Cross Road Nashville, NC 27856
Agent
Andrea Zuniga 969 SE Bayfront Avenue Port St. Lucie, FL 34983
Project Location
13405 Orange Avenue Fort Pierce, FL 34945
Parcel ID#
2308-321-0003-000-8
Future Land Use
AG-2.5 (Agricultural – 1du/2.5ac)
Existing Zoning
IX (Industrial, Extraction)
Proposed Zoning
AG-5 (Agricultural – 5)
Staff Kristopher McCrain
Tel 772-462-1265
Email McCrainK@stlucieco.org
Mail 2300 Virginia Avenue, Fort Pierce, Florida 34982
Garcia Rezone Petition
Amendment to the Official Zoning Atlas (Rezoning)
Industrial Extraction to Agricultural - 5
Project Description The petitioner, Lucina Garcia is request-ing an Amendment to the Official Zoning
Atlas for a change in zoning (Rezoning)
from the IX (Industrial, Extraction) Zoning
District to the AG-5 (Agricultural - 5) Zon-ing District for a 9.11-acre property lo-
cated on the south side of Orange Ave-
nue, at 13405 Orange Avenue.
The purpose of the Agricultural – 5 is to provide and protect an environment suit-
able for productive commercial agricul-
ture, together with such other uses as
may be necessary to and compatible with productive agricultural surroundings.
Background
On August 19, 1986, the St. Lucie Coun-
ty Board of County Commissioners ap-proved Resolution 86-149, granting a change in zoning from the AG
(Agricultural) Zoning District to the IX
(Industrial, Extraction) Zoning District for
the subject property. The property was not utilized as a mining
or extraction operation. The property
contains an existing mobile home.
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 September 4, 2020,
letters were mailed to property owners within a 500 foot radius, and a sign post-
ed on the property.
Staff’s Recommendation
Forward this petition to the Board of
County Commissioners with a rec-commendation for approval.
Hearing Date
Thursday
September 17, 2020
PLANNING AND ZONING COMMISSION
Page 10 of 44
Planning and Development
Services Department
Planning Division
M E M O R A N D U M
GENERAL INFORMATION
Applicant/ Lucina Garcia
Property Owner:118 Sandy Cross Road
Nashville, NC 27856
Agent: Andrea Zuniga
969 SE Bayfront Avenue
Port St. Lucie, FL 34983
Location:13405 Orange Avenue, Fort Pierce, FL 34945
Parcel ID Number:2308-321-0003-000-8
Parcel Size:9.11-acres
Future Land Use:AG-2.5 (Agricultural – 1du/2.5ac)
Existing Zoning:IX (Industrial, Extraction)
Proposed Zoning:AG-5 (Agricultural – 1du/5ac)
Requested Action:Change in zoning from IX (Industrial Extraction) to AG-5 (Agricultural –
1du/5ac)
Existing Use: Undeveloped
Urban Service Boundary:The subject site is located outside of the Urban Service Boundary (USB).
Fire/EMS:Station # 11 – 3501 Shinn Road, Fort Pierce, FL 34945 is located approximately
3.8 miles southwest of the subject site.
Right-of-Way:Orange Avenue is a County owned and maintained right-of-way. The right-of-
way width adjacent to the subject site is currently eighty-three (83) feet.
TO:Planning and Zoning Commission
THROUGH:Leslie Olson, AICP, Director
Ben Balcer, Assistant Director
FROM:Kristopher McCrain, Associate Planner
DATE:September 2, 2020
SUBJECT:Garcia Rezone
Amendment to the Official Zoning Atlas (Rezoning)
RZ-6202025759
Page 11 of 44
Project Name: Garcia Rezoning
File No.: RZ-6202025759
Page 2
Utilties: St. Lucie County Utilities (SLCU) service area. Water and wastewater
infrastructure does not currently exists at the subject property.
Type of Concurrency
Document Required: Concurrency Deferral Affidavit
BACKGROUND ANALYSIS
The applicant, Lucina Garcia, and representative Andrea Zuniga, are requesting an Amendment to the Official
Zoning Atlas from the IX (Industrial, Extraction) Zoning District to the AG-5 (Agricultural – 1du/5ac) Zoning
District for this 9.11-acre site located at 13405 Orange Avenue, Fort Pierce, FL. The Future Land Use
designation is AG-2.5 (Agricultural – 1du/2.5ac), and the site is situated outside of the Urban Service Boundary
(USB).
Previous Actions
o On August 19, 1986, the St. Lucie County Board of County Commissioners approved Resolution 86-
149, granting a change in zoning from AG (Agricultural) to the IX (Industrial, Extraction) Zoning
District.
The purpose of the rezone is to provide a zoning designation compatible with the surrounding properties.
Aerial Map
Proposed Rezoning
AG-2.5 (Agricultural - 2.5)
Page 12 of 44
Project Name: Garcia Rezoning
File No.: RZ-6202025759
Page 3
Future Land Use:
The Future Land Use designation of the subject property is AG-2.5 (Agricultural – 1du/2.5ac). The AG-2.5
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 0.40 units per gross acre (one unit per 2.5 gross acres).
Current Zoning:
The current zoning of the subject property is IX (Industrial, Extraction). The purpose of this district is “to
provide and protect an environment suitable for the extraction of natural resources from the ground, together
with such other uses as may be necessary to and compatible with industrial extraction surroundings.”
Proposed Zoning:
The proposed zoning of the subject property is AG-5 (Agricultural – 1du/5ac). 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 13 of 44
Project Name: Garcia Rezoning
File No.: RZ-6202025759
Page 4
********************************************************************
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 AG-5 (Agricultural-5) 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
AG-5 (Agricultural-5) Zoning District.
The proposed AG-5 Zoning District is consistent with surrounding parcels, providing the use scope in LDC
Section 3.01.03.B and District purpose.
B. Whether the proposed amendment is consistent with all elements of the St. Lucie County
Comprehensive Plan;
The proposed rezoning to the AG-5 (Agricultural – 1du/5ac) Zoning District is consistent with the AG-2.5
(Agricultural- 1du/2.5ac) 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
Future Land Use CategoriesZoning
Districts
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
AG-5 X X X X X X X
The proposed Amendment is consistent with the Comprehensive Plan Future Land Use Element Goals,
Objectives, and Policies:
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 1.1.3.4 - Provide the means to manage growth within the agricultural land use categories
through the orderly delivery of services concurrent with the impacts of development. It is anticipated
that over time portions of the agricultural land use categories will be converted to urban uses as
services are provided; however, the physical extension of County provided central sewer and water
services shall only occur consistent with the other provisions of this Plan.
Page 14 of 44
Project Name: Garcia Rezoning
File No.: RZ-6202025759
Page 5
C. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed
land uses;
The proposed rezoning is consistent with the existing and proposed land uses. As stated above, the AG-5
(Agricultural – 5) Zoning District is compatible with the AG-2.5 (Agricultural – 2.5) 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
D. Whether there have been changed conditions that require an amendment;
The applicant has purchased the property with intent for future agricultural use(s) and a single-family residence
consistent with the LDC Section 3.01.03.B. There have been no changes in the existing conditions to require
the proposed amendment.
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, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, or emergency
medical facilities. Site-specific impacts will be addressed through a development application.
Prior to the issuance of any final Development Order, the developer must demonstrate that all public facilities
are available to serve the parcel and obtain a Certificate of Capacity. The applicant has signed the required
Concurrency Deferral Affidavit recognizing this provision.
Water/Wastewater
Water and wastewater services are not currently available to the subject site. The site will be served by onsite
well and septic.
Transportation Impacts
The subject site fronts on Orange Avenue. Orange Avenue is an 83-foot County owned and maintained right-
of-way along the frontage of the subject site. No additional transportation impacts are anticipated at this time,
with a Concurrency Deferral Affidavit secured. Future site development will be evaluated for traffic or
transportation impacts accordingly.
Location Zoning District Future Land Use Existing Land Use
Subject Property IX (Industrial, Extraction)AG-2.5 (Agricultural-1du/2.5ac)Class A Mobile Home
North CG (Commercial, General)COM (Commercial)Angry Bull Saloon
(Restaurant/Pizzeria)
South AG-2.5 (Agricultural-
1du/2.5ac)AG-2.5 (Agricultural-1du/2.5ac)Single-Family Residence
Agricultural
East AG-2.5 (Agricultural-
1du/2.5ac)AG-2.5 (Agricultural-1du/2.5ac)Single-Family Residence
Adjacent
Parcels
West AG-2.5 (Agricultural-
1du/2.5ac)AG-2.5 (Agricultural-1du/2.5ac)Vacant/
Single-Family Residence
Page 15 of 44
Project Name: Garcia Rezoning
File No.: RZ-6202025759
Page 6
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 the June 8, 2020 date-stamped submittal from
Planning and Development Services. The applicant is requesting approval to change the zoning of the subject
parcel (Parcel ID 2308-321-0003-000-8) from IX to AG-5. The 9.07-acre site is located at 13405 Orange Ave
in Fort Pierce. The site has a land use code of 0000 – vacant, residential.
Findings
The proposed rezoning is not anticipated to result in any adverse environmental impacts, as no development
activities are proposed at this time and no increase in density is proposed. If site development activities are
proposed in the future, ERD will conduct further review through the site plan or building permit review process.
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;
The proposed change in zoning will result in an orderly and logical development pattern. The proposed parcel
is located outside the urban service area, with existing agricultural and residential uses surrounding the parcel.
The requested rezone is not expected to harm other property or improvements in the neighborhood. This rezone
petition will revert the property to the AG-5 Zoning District. The surrounding properties within 500 feet of the
subject site are zoned Agricultural-2.5. This petition will not negatively affect the development patterns in the
surrounding area.
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 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.
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Resolution No. 2020-XXX
Page 1 RZ-6202025759
RESOLUTION NO. 2020-XXX
File No.: RZ-6202025759
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY GRANTING/DENYING A CHANGE IN ZONING
FROM THE IX (INDUSTRIAL, EXTRACTION) ZONING DISTRICT TO THE
AG-5 (AGRICULTURAL - 5) 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, Lucina Garcia, and representative Andrea Zuniga, petitioned for an
Amendment to the Official Zoning Atlas to change the zoning from the IX (Industrial,
Extraction) Zoning District to the AG-5 (Agricultural–1du/5ac) 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 September 17, 2020, 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 IX (Industrial Extraction) Zoning District to the AG-5 (Agricultural-1du/5ac)
Zoning District.
3.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 XX, 2020.
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 IX (Industrial Extraction) Zoning
District to the AG-5 (Agricultural-1du/5ac) Zoning District is being granted/denied is
described as follows:
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Resolution No. 2020-XXX
Page 2 RZ-6202025759
LEGAL DESCRIPTION:
8 35 39 W 1/2 OF E 1/2 OF NW 1/4OF SW 1/4-LESS W 150 FT OF N 291FT AND LESS
RD R/W- (9.07 AC) (OR 2957-172)
CONTAINING 9.11 ACRES MORE OR LESS.
Location: 13405 Orange Avenue, Fort Pierce, FL 34945
Parcel ID: 2308-321-0003-000-8
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 IX (Industrial, Extraction) Zoning District to the AG-5 (Agricultural–1du/5ac)
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.
After motion and second, the vote on this resolution was as follows:
Cathy Townsend, Chair XXX
Chris Dzadovsky, Vice-Chair XXX
Commissioner Sean Mitchell XXX
Commissioner Linda Bartz XXX
Commissioner Frannie Hutchinson XXX
Page 18 of 44
Resolution No. 2020-XXX
Page 3 RZ-6202025759
PASSED AND DULY ADOPTED This _XX_ day of __XXXXXXX__ 2020.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY _________________________
Chair
ATTEST:APPROVED AS TO FORM
AND CORRECTNESS:
___________________________________________________
Deputy Clerk County Attorney
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Resolution No. 2020-XXX
Page 4 RZ-6202025759
Exhibit A
(Boundary Survey)
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Resolution No. 2020-XXX
Page 5 RZ-6202025759
Exhibit B
(Concurrency Deferral)
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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 GARCIA REZONE FOR A CHANGE IN ZONING FROM
THE IX (INDUSTRIAL, EXTRACTION) ZONING DISTRICT TO THE AG-5 (AGRICULTURAL – 5 DU/AC)
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 GARCIA REZONE FOR A CHANGE IN ZONING FROM THE IX
(INDUSTRIAL, EXTRACTION) ZONING DISTRICT TO THE -5 (AGRICULTURAL – 5 DU/AC) ZONING
DISTRICT, BECAUSE.....
[CITE REASON WHY - PLEASE BE SPECIFIC].
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Ad Map
Location Map
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Aerial Map
Owners Mail-Out Map
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Zoning Map
Future Land Use Map
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Date Mailed September 4, 2020
Planning and Development Services Department 772.462. 2822
Applicant/Property Owner
Lucina Garcia
118 Sandy Cross Road
Nashville, NC 27856
Agent
Andrea Zuniga
969 SE Bayfront Avenue Port St. Lucie, FL 34983
Project Location
13405 Orange Avenue
Fort Pierce, FL 34945 Parcel ID#
2308-321-0003-000-8
Future Land Use AG-2.5 (Agricultural – 1du/2.5ac)
Existing Zoning
IX (Industrial, Extraction)
Proposed Zoning AG-5 (Agricultural – 5)
Staff Kristopher McCrain Tel 772-462-1265 Email McCrainK@stlucieco.org
Mail 2300 Virginia Avenue,
Fort Pierce, Florida 34982
Public Hearing Notice
Thursday, September 17, 2020
Notice of Proposed Amendment to the
Official Zoning Atlas
Project Description
The petitioner, Lucina Garcia, is request-ing an Amendment to the Official Zoning Atlas for a change in zoning (Rezoning)
from the IX (Industrial, Extraction) Zoning
District to the AG-5 (Agricultural - 5) Zon-
ing District for a 9.11-acre property lo-cated at 13405 Orange Avenue, on the south side of Orange Avenue.
The purpose of the Agricultural – 5 is to
provide and protect an environment suit-able for productive commercial agricul-ture, together with such other uses as
may be necessary to and compatible with
productive agricultural surroundings. Background
On August 19, 1986, the St. Lucie Coun-
ty Board of County Commissioners ap-
proved Resolution 86-149, granting a change in zoning from the AG (Agricultural) Zoning District to the IX
(Industrial, Extraction) Zoning District for
the subject property.
The property was not utilized as a mining or extraction operation. The property
contains an existing mobile home.
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 applica-
tions 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: McCrainK@stlucieco.org; or
Email: publiccomment@stlucieco.org
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.
Page 41 of 44
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:
a. Agricultural production - crops. (01)
b. Agricultural production - livestock and animal specialties. (02)
c. Agricultural services. (07)
d. Family day care homes. (999)
e. Family residential homes provided that such homes shall not be located within a radius
of one thousand (1,000) feet of another existing such family residential home and
provided that the sponsoring agency or Department of Health and Rehabilitative
Services (HRS) notifies the Board of County Commissioners at the time of home
occupancy that the home is licensed by HRS. (999)
f. Fishing, hunting and trapping. (09)
g. Forestry. (08)
h. Kennels. (0752)
i. Research facilities, noncommercial. (8733)
j. Riding stables. (7999)
k. Single-family detached dwellings. (999)
l. Telecommunication towers - subject to the standards of Section 7.10.23. (999)
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. Agricultural labor housing. (999)
b. Aircraft storage and equipment maintenance. (4581)
c. Airports and flying, landing, and take-off fields. (4581)
d. Family residential homes located within a radius of one thousand (1,000) feet of another
such family residential home. (999)
e. Farm products warehousing and storage. (4221/4222)
f. Gasoline service stations. (5541)
g. Industrial wastewater disposal. (999)
h. Manufacturing:
(1) Agricultural chemicals. (287)
(2) Food and kindred products. (20)
(3) Lumber and wood products, except furniture. (24)
i. Mining and quarrying of nonmetallic minerals, except fuels. (14)
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j. Retail trade:
(1) Farm equipment and related accessories. (999)
(2) Apparel and accessory stores. (56)
k. Sewage disposal subject to the requirements of Section 7.10.13. (999)
l. Camps - sporting and recreational. (7032)
m. Off-road vehicle parks, except go-cart raceway operation or rentals (7999), subject to
the requirements of Section 7.10.21. (999)
n. Outdoor shooting ranges, providing site plan approval is obtained according to the
provisions of Sections 11.02.07 through 11.02.09 and Section 7.10.19 of this Code.
o. Solar generation station subject to the requirements of Section 7.10.28. (999)
p. Commercial composting facilities subject to the requirements of Section 7.10.34.
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)
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V. IX INDUSTRIAL, EXTRACTION.
1. Purpose. The purpose of this district is to provide and protect an environment suitable for the
extraction of natural resources from the ground, together with such other uses as may be
necessary to and compatible with industrial extraction 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. Mining and quarrying of nonmetallic minerals, except fuels. (14)
b. Mobile food vendors. (999)
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. 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. Detached single-family dwelling unit or mobile home, for on-site security purposes. (999)
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