HomeMy WebLinkAboutAgenda Packet 10.19.2017
Generated 10/19/2017 7:51 AM
PLANNING & ZONING COMMISSION
AGENDA
ST. LUCIE COUNTY
P & Z Regular Meeting
Thursday, October 19, 2017
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
Board Member
EDWARD LOUNDS
Board Member
WILLIAM SMITH
At-Large Board Member
BOBBY HOPKINS
At-Large Board Member
JAMES TAYLOR
Vice Chairman
JAMES CLASBY
Board Member
CRAIG MUNDT
Board Member
KARA WOOD
At-Large Board Member
ROBERT LOWE
Ex-Officio Board Member
MARTY SANDERS
P & Z Regular Meeting Thursday, October 19, 2017 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.
P & Z Regular Meeting Thursday, October 19, 2017 6:00 PM
3 | P a g e
1. CALL TO ORDER
A. Pledge of Allegiance
B. Invocation
C. Roll Call
D. Announcements
E. Disclosure(s)
2. MINUTES
A. St. Lucie County Planning & Zoning Commission minutes for the meeting of Thursday, August
17, 2017
3. PUBLIC COMMENT
4. PUBLIC HEARINGS
A. FPL Interstate Solar Energy Center - Conditional Use Permit
Staff recommends approval of the conditional use permit for a solar energy center subject to
conditions in the resolution.
B. Hillbilly Lot Rezoning
Staff recommends that the proposed Rezoning be forwarded to the Board of County
Commissioners with a recommendation of approval.
C. A-1 Nursery Rezoning from IX (Industrial, Extraction) to AG-5 (Agricultural-5) Zoning District
Staff recommends that the proposed change in zoning be forwarded to the Board of County
Commissioners with a recommendation of approval.
5. WORKSHOPS
A. There are no items scheduled.
6. OTHER BUSINESS
A. There are no scheduled items.
P & Z Regular Meeting Thursday, October 19, 2017 6:00 PM
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7. ADJOURN
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.
Generated 10/5/2017 10:05 AM
ST. LUCIE COUNTY PLANNING & ZONING COMMISSION
ST. LUCIE COUNTY, FLORIDA
P & Z Regular Meeting
August 17, 2017 Convened: 6:00 PM
Adjourned: 8:26 PM
1. CALL TO ORDER
The meeting was called to order at 6:00 PM by Chairman William O'Dell
A. Pledge of Allegiance
B. Invocation
By Mr. Hopkins
Attendee Name Title Status Arrived
William O'Dell Chairman Present
James Clasby Vice Chairman Present
Edward Lounds Board Member Present
Craig Mundt Board Member Present
William Smith Board Member Present
Kara Wood Board Member Present
Bobby Hopkins At-Large Board Member Present
Robert Lowe At-Large Board Member Absent
James Taylor At-Large Board Member Present
Marty Sanders Ex-Officio Board Member Present
D. Announcements
None
*
*
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P & Z Regular Meeting Thursday, August 17, 2017 6:00 PM
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E. Disclosure(s)
Mr. Hopkins disclosed speaking with Mr. Gettler regarding the agricultural project. Mr. Lounds
spoke with Mr. Snell regarding the agricultural project and Mr. Clasby disclosed discussion of
agenda item #A.
2. MINUTES
Mr. Taylor had an edit to the July 20, 2017 minute disclosures...the wrong agenda item was noted that he
spoke with applicant. It should have been agenda item 'A' instead of 'B'.
The minutes were approved with this noted correction.
A. St. Lucie County Planning & Zoning Commission minutes for the meeting of Thursday, July 20,
2017
RESULT: ACCEPTED [UNANIMOUS]
MOVER: James Clasby, Vice Chairman
SECONDER: Craig Mundt, Board Member
AYES: O'Dell, Clasby, Lounds, Mundt, Smith, Wood, Hopkins, Taylor
ABSENT: Robert Lowe
3. PUBLIC COMMENT
None
4. PUBLIC HEARINGS
A. FPL Interstate Solar Energy Center - Conditional Use Permit
Jeff Johnson, Senior Planner stated the applicant, Florida Power & Light (FPL) is requesting
conditional use permit approval for the construction and operation of a 74.5 MW Photovoltaic
(PV) Solar Center on +/-540 of agricultural land consisting of six parcels located west of
Interstate 95, northeast of the Florida Turnpike and north of Belcher Canal (C-25 Canal). The
proposed solar generation center is adjacent to an existing FPL transmission line and will create
clean, renewable energy by converting sunlight via photovoltaic solar arrays into direct current
(DC) electricity. This zero emission electricity will be converted into alternating current (AC)
utilizing power inverters and will be carried to the collector substation where the voltage is
boosted for transmission through the electric grid. The solar panels stand approximately two
feet off the ground at their lowest point and are approximately six to seven feet in height at
their highest point. The facility is unmanned with restricted access. FPL employees do not
report to this location, and maintenance crews park inside a secured fenced area. No water or
fuel is needed to operate or maintain the facility. Construction will be accomplished within a
six to ten month period.
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P & Z Regular Meeting Thursday, August 17, 2017 6:00 PM
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Amy Brunges representing FPL gave a detailed presentation along with Josh Long, Land Use
Planner from Gunster Law firm. They answered the boards questions regarding wind lifts,
neighborhood meetings and was congratulated on the solar energy.
Public Hearing open
Eve Reese of the Audubon Society spoke and was in favor of the project
Public Hearing closed
RESULT: APPROVE [UNANIMOUS]
MOVER: Craig Mundt, Board Member
SECONDER: James Clasby, Vice Chairman
AYES: O'Dell, Clasby, Lounds, Mundt, Smith, Wood, Hopkins, Taylor
ABSENT: Robert Lowe
B. Margiric Farm Agricultural Labor Housing - Conditional Use Permit
Jeff Johnson, Senior Planner stated the applicant, Margiric Assett, LLC is requesting a
conditional use permit to allow for the construction of 20 modular dwelling units of agricultural
labor housing on a 20 acre parcel of land located approximately three miles west of Interstate
95 on the south side of Indrio Road. The applicant submitted two companion development
petitions, a major site plan for the proposed housing project and a land development code text
amendment to allow mobile homes as a permitted housing type for agricultural housing. On
August 1, 2017 the applicant withdrew their text amendment request to add mobile homes as a
permitted use and now proposes modular construction which is considered a single family use
type. The residences will be located on the west side of the parcel adjacent to an existing
21,650 s.f. packing housing. Each dwelling unit will be modular, constructed with a permanent
foundation and will house no more than six individuals with a maximum stay of ten months.
Mike McCarty of McCarty & Associates gave a presentation. He answered the Board's
questions regarding how many people, septic fields, transportation to and from stores,
convenience, visas.
Public Hearing open
No one spoke
Public Hearing closed
RESULT: APPROVE [UNANIMOUS]
MOVER: James Clasby, Vice Chairman
SECONDER: James Taylor, At-Large Board Member
AYES: O'Dell, Clasby, Lounds, Mundt, Smith, Wood, Hopkins, Taylor
ABSENT: Robert Lowe
C. Tilton Dog Retreat- Conditional Use Permit
Mr. Smith was excused from the meeting and did not vote on this item and there was a short
recess.
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P & Z Regular Meeting Thursday, August 17, 2017 6:00 PM
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Bethany Grubbs, Planner did a presentation for applicant Matthew and Jann Rudd. The subject
property is a 9.76 acre parcel located on Tilton Road off of Prima Vista Boulevard. This item was
advertised in the St. Lucie News Tribune on August 1st, and mail notices were sent out to
surrounding property owners within the 500 foot requirement. On May 31st, a neighborhood
meeting was held by the applicant on-site. Staff received phone calls from three neighbors
requesting additional information, along with multiple e-mails speaking concern. The subject
property is zoned AR-1 Agricultural, Residential at 1 dwelling unit per acre. The properties to the
north, south and west are zoned RM-5, Residential, Multi-Family - 5 du/ac, the property to the
east is zoned AR-1, Agricultural, Residential - 1 du/ac. The future land use of the subject
property is RU, Residential Urban at 5 du/acre. The operation of an enclosed dog kennel facility
is permitted as a conditional use within the Agricultural, Residential zoning district. The
standards of review requires compliance with the Land Development Code and the
Comprehensive Plan. This petition meets the standards of review set forth in Land Development
Code Section 11.07.03. Staff analysis indicates the proposed use is consistent with the St. Lucie
County Land Development Code and Comprehensive Plan.
Public notice was provided in accordance with Section 11.00.03 of the Land Development Code.
To date, the conditional use response forms received by the Planning Department include:
2 not in favor
0 no opinion
1 in favor
1 returned not filled out
Staff recommends that this petition be forward to the Board of County Commissioners with a
recommendation of approval.
Mike McCarty of McCarty & Associates represented the Rudds and answered numerous
questions from the board along with staff. The agent was commended on measures taken
regarding the issues of compatibility, noise, buffers and trying to appease the neighbors.
Public Hearing open
Two citizens from the neighborhood spoke against the project
Ed O'Connnor spoke for the project
Public Hearing closed
Ms. Wood was excused from the meeting and did not vote on this item.
RESULT: APPROVE [6 TO 0]
MOVER: Edward Lounds, Board Member
SECONDER: James Clasby, Vice Chairman
AYES: O'Dell, Clasby, Lounds, Mundt, Hopkins, Taylor
ABSENT: Robert Lowe
AWAY: William Smith, Kara Wood
5. WORKSHOPS
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P & Z Regular Meeting Thursday, August 17, 2017 6:00 PM
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A. There are no items scheduled.
6. OTHER BUSINESS
A. There are no scheduled items.
7. ADJOURN
There being no further business to be brought before the Board, the meeting was adjourned.
Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the
Circuit Court and available for inspection upon request.
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ITEM NO. (ID # 4703)
DATE: 10/19/2017
AGENDA REQUEST *PUBLIC HEARINGS
QUASI-JUDICIAL
BACKGROUND:
UPDATE:
This development petition was heard by the Planning and Zoning Commission on August 17, 2017 with a
unanimous recommendation of approval to be forwarded to the Board of County Commissioners. Prior to
scheduling the petition before the Board of County Commissioners, staff noticed an error in the public
hearing mail notification map. The southernmost parcel was not included and (2) real property owners
within the 500 foot radius were not notified by mail. In order to provide legal due process, the petition
has been re-scheduled for the October 19th meeting and contains the corrected maps and mail
notifications.
BACKGROUND:
The applicant, Florida Power and Light Company (FPL) is requesting Conditional Use Permit approval for
the construction and operation of a 74.5 MW Photovoltaic (PV) Solar Center on +/-540 of agricultural land
consisting of six (6) parcels located West of Interstate 95, northeast of the Florida’s Turnpike and north of
Belcher Canal (C-25 Canal). The subject property lies outside the urban services boundary and is zoned
AG-1 (Agricultural - 1) which is consistent with the TVC (Towns, Villages and Countryside) future land use.
The proposed solar generation center is adjacent to an existing FPL transmission line and will create clean,
renewable energy by converting sunlight via photovoltaic solar arrays into direct current (DC) electricity.
This zero emission electricity will be converted into alternating current (AC) utilizing power inverters and
will be carried to the collector substation where the voltage is boosted for transmission through the
electric grid. The solar panels stand approximately 2 feet off the ground at their lowest point and are
approximately 6 to 7 feet in height at their highest point. The facility is unmanned with restricted access.
FPL employees do not report to this location, and maintenance crews park inside a secured fenced area.
No water or fuel is needed to operate or maintain the facility.
The applicant has submitted a Major Site Plan petition for this proposed solar generation center which is
currently under review (see attached site plan drawings). The project includes solar arrays (approximately
300,000 solar panels) that will cover nearly half the property, a substation (230’ x 360’) and 16’ wide
TO: St. Lucie County Planning & Zoning Commission
PRESENTED BY: Jeffrey Johnson, Senior Planner
SUBMITTED BY: Planning Division
SUBJECT: FPL Interstate Solar Energy Center - Conditional Use Permit
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Updated: 10/10/2017 10:53 AM by Jeffrey Johnson Page 2
stabilized service paths. Three (3) locations have been identified on the site plan for a future 15,000 s.f.
regional Solar PV Operations Center. Depending on the future growth of solar, FPL anticipates between 3
to 10 full time employees at the Center. The Center will be used for the storage of office equipment and
spare parts related to Solar PV operations (panels, cables, fuses, inverters and components, etc.). The
center may also be used to hold small meetings to teach solar related information and to facilitate guided
tours of the Solar Facility. An observation tower may also be constructed as an accessory to the
educational component of the Center. This future building will require a modification to the Major Site
Plan to demonstrate compliance with Land Development Code requirements including a review of
adequate public facilities.
Construction and Operation
Access to the site will be obtained by utilizing Aico Road which transitions into a 60 foot wide private road
way easement which will be maintained by FPL during the development and construction of the facility.
Construction activities and deliveries to the site will occur during the hours from 7 a.m. to 6 p.m.
weekdays and 8 a.m. to 5 a.m. on Saturday during the construction period. Construction will be
accomplished within a 6 to 10 month period.
PREVIOUS ACTION:
August 17, 2017 The Planning and Zoning Commission recommended unanimous approval of the request
to the Board of County Commissioners.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends approval of the conditional use permit for a solar energy center subject to conditions in
the resolution.
COMMISSION ACTION:
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Updated: 10/10/2017 10:53 AM by Jeffrey Johnson Page 3
Coordination/Signatures
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PLANNING AND ZONING COMMISSION
Planning Division Agenda Item Summary
Hearing Date:
Thursday
October 19, 2017
__________________
Applicant
Florida Power & Light Co.
Michael W. Sole
700 Universe Blvd.
Juno Beach, FL 33408
Agent
Gunster Law Firm
Robert S. Raynes Esq.
Josh Long, AICP
800 Monterey Commons
Boulevard, Suite 200
Stuart, FL 34996
Future Land Use
TVC, Towns, Villages and
Countryside
Zoning District
AG-1, Agricultural – 1
Request
A Conditional Use Permit
for a proposed solar
energy facility
Staff
Jeffrey Johnson
Senior Planner
JohnsonJ@stlucieco.org
(772) 462-1580
File Number
CU 520175135
Conditional Use Permit
FPL Interstate Solar Energy Center
Project Description
FPL Company is requesting
Conditional Use Permit approval for
the construction and operation of a
74.5 MW Photovoltaic Solar Center
on +/- 540 acres of land comprised of
six (6) parcels located west of
Interstate 95, northeast of the Florida
Turnpike and north of Belcher Canal
(Canal No. 25).
The proposed solar generation
center is adjacent to an existing FPL
transmission line and will create
clean, renewable energy by
converting sunlight via photovoltaic
solar arrays into direct current (DC)
electricity. This zero emission
electricity will be converted into
alternating current (AC) utilizing
power inverters and will be carried to
the collector substation where the
voltage is boosted for transmission
through the electric grid.
A Major Site Plan petition for this
project is currently under review
(see attached). The project includes
approximately 300,000 solar panels
that will cover approximately half
the property, a substation, and
stabilized access paths. The solar
panels stand approx. 2 feet off the
ground at their lowest point and are
approx. 6 to 7 feet in height at their
highest point. The facility is
unmanned with restricted access.
Employees do not report to this
location. No water or fuel is needed
to operate or maintain the facility.
Notice Requirements
A public hearing notice in
accordance with Section 11.00.03
of the Land Development Code was
placed in the St. Lucie News
Tribune on October 4, 2017.
Notices were mailed to property
owners within a 500 foot radius,
and a public hearing notification
sign was installed on the property.
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Planning and Development Services
Planning Division
M E M O R A N D U M
TO: Planning and Zoning Commission
THROUGH: Leslie Olson, AICP, Director
Bonnie C. Landry, AICP, Planning Manager
FROM: Jeffrey Johnson, Senior Planner
DATE: October 19, 2017
SUBJECT: Conditional Use Permit – Florida Power and Light Company Interstate Solar Energy
Center
GENERAL INFORMATION:
Applicant/Property Owner: Florida Power and Light Company
Agent for Applicant: Gunster Law Firm – Robert Raynes, Esq. and Josh Long, AICP
Location: West of Interstate 95, northeast of the Florida’s Turnpike and north
of Belcher Canal (C-25 Canal)
Size of Development: +/- 540 acres
Tax Identification Numbers: 1328-231-0001-000-7 1328-311-0001-000-2
1328-321-0001-000-3 1333-112-0010-000-3
1328-312-0001-000-5 1328-341-0001-000-5
Current Zoning: AG-1 (Agricultural – 1)
Future Land Use: TVC (Towns, Villages and Countryside)
Wetlands: Yes
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FPL Interstate Solar Energy Center - Conditional Use Permit
CU 520175136
October 19, 2017
Page 2
Utilities: None
Urban Services Boundary: Outside
Adjacent Land Use/Zoning:
Future Land Use Zoning Existing Use(s)
North TVC (Towns, Villages and
Countryside)
AG-1 (Agricultural -1) Equestrian Center - K
and J Rubidoux Stables
and Agricultural Lands
South TVC (Towns, Villages and
Countryside)
AG-1 (Agricultural -1) Agricultural Lands
East TVC (Towns, Villages and
Countryside)
AG-1 (Agricultural -1) and
PUD (Planned Unit
Development) and PUD
(Planned Unit Development)
Panther Woods (f/k/a
Meadow Wood) PUD –
442 dwelling units and
Agricultural Lands
West TVC (Towns, Villages and
Countryside)
AG-1 (Agricultural -1) Agricultural Lands
BACKGROUND
The applicant, Florida Power and Light Company (FPL) is requesting Conditional Use Permit
approval for the construction and operation of a 74.5 MW Photovoltaic Solar Center on +/-540
of agricultural land consisting of six (6) parcels located West of Interstate 95, northeast of the
Florida’s Turnpike and north of Belcher Canal (C-25 Canal). The subject property lies outside the
urban services boundary and is zoned AG-1 (Agricultural - 1) which is consistent with the TVC
(Towns, Villages and Countryside) future land use.
The proposed solar generation center is adjacent to an existing FPL transmission line and will
create clean, renewable energy by converting sunlight via photovoltaic solar arrays into direct
current (DC) electricity. This zero emission electricity will be converted into alternating current
(AC) utilizing power inverters and will be carried to the collector substation where the voltage is
boosted for transmission through the electric grid. The solar panels stand approximately 2 feet
off the ground at their lowest point and are approximately 6 to 7 feet in height at their highest
point. The facility is unmanned with restricted access. FPL employees do not report to this
location, and maintenance crews park inside a secured fenced area. No water or fuel is needed
to operate or maintain the facility.
The applicant has submitted a Major Site Plan petition for this proposed solar generation center
which is currently under review (see attached site plan drawings). The project includes solar
arrays (approximately 300,000 solar panels) that will cover nearly half the property, a substation
(230’ x 360’) and 16’ wide stabilized service paths. Three (3) locations have been identified on
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FPL Interstate Solar Energy Center - Conditional Use Permit
CU 520175136
October 19, 2017
Page 3
the site plan for a future 15,000 s.f. regional Solar PV Operations Center. Depending on the
future growth of solar, FPL anticipates between 3 to 10 full time employees at the Center. The
Center will be used for the storage of office equipment and spare parts related to Solar PV
operations (panels, cables, fuses, inverters and components, etc.). The center may also be used
to hold small meetings to teach solar related information and to facilitate guided tours of the
Solar Facility. An observation tower may also be constructed as an accessory to the educational
component of the Center. This future building with its accessory structures will require a
modification to the Major Site Plan to demonstrate compliance with Land Development Code
requirements including a review of adequate public facilities.
Construction and Operation
Access to the site will be obtained by utilizing Aico Road which transitions into a 60 foot wide
private road way easement which will be maintained by FPL during the development and
construction of the facility. Construction activities and deliveries to the site will occur during the
hours from 7 a.m. to 6 p.m. weekdays and 8 a.m. to 5 a.m. on Saturday during the construction
period. Construction will be accomplished within a 6 to 10 month period.
NEIGHBORHOOD MEETING
The applicant held a neighborhood meeting at Crossings Community Church (8103 Indrio Road)
on August 3, 2017 to discuss the proposed project with surrounding property owners. The
meeting was attended by an adjacent property owner to the west. There were no issues or
concerns brought to the attention of staff.
STAFF ANALYSIS
CONDITIONAL USE PERMIT
STANDARDS OF REVIEW SET FORTH IN
LDC, SECTION 11.07.03
Land Development Code, Section 11.07.03 establishes the standards for reviewing Conditional
Use Permits. In reviewing an application for a Conditional Use Permit, the Board of County
Commissioners and the Planning and Zoning Commission shall consider:
A. Consistency with Land Development Code and Comprehensive Plan
Consistency with Land Development Code
The request is consistent with the general purpose, goals, objectives and standards of the
Land Development Code. The +/-540 acre parcel is zoned AG-1, Agricultural -1, which is
compatible with the TVC, Towns, Villages and Countryside future land use. Solar
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FPL Interstate Solar Energy Center - Conditional Use Permit
CU 520175136
October 19, 2017
Page 4
generation stations are allowed via conditional use permit in the AG-1 zoning as per LDC,
Section 3.01.03(A)(7)(n) - solar generation station subject to the following requirements
in LDC, Section 7.10.28:
1. Physical access to a solar generation station shall be restricted by fencing or walls.
Razor wire is prohibited. All fencing and wall details shall be provided for review
and approval as part of the required site plan.
A perimeter seven (7) foot high security fence will be installed that consists of chain
link with one (1) foot of barbed wire.
2. The devices that capture energy and convert it to electricity shall not be placed in
wetlands, environmentally sensitive resources or habitats, imperiled and critically
imperiled habitats as defined by the Florida Natural Areas Inventory, and buffers.
Any environmental impacts from such devices, or any component of a solar
generation station, shall only be allowed in compliance with the provisions of the
County’s Comprehensive Plan and Land Development Code.
The applicant has provided an Environmental Impact Report that has been
reviewed by staff (see attached). As depicted on the proposed site plan, the
devices will not be placed in any wetland or environmentally sensitive areas.
3. All devices that capture and covert energy to electricity shall be located at least
fifty (50) feet from any lot line under separate ownership, unless otherwise
approved by the Board of County Commissioners.
The facility is located on existing agricultural land previously used for farming is not
visible to the farm house to the north which is buffered by a 200 foot wide
vegetative buffer. To the west, the subject property is adjacent to agricultural land
where there is no planned developments proposed.
4. The maximum lot coverage by structures, including solar ground or pole mounted
panels, for the zoning district may be waived by the Board of County
Commissioners. The approved maximum lot coverage shall be shown on the site
plan and specified in the resolution approving the development.
The applicant has requested a waiver from the 10 percent maximum lot coverage
as 51 percent of the lot is covered by structures. This waiver will be reviewed
through the site plan review process, and a final decision will be made by the Board
of County Commissioners.
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FPL Interstate Solar Energy Center - Conditional Use Permit
CU 520175136
October 19, 2017
Page 5
5. All solar generation station sites must comply with the landscaping and screening
requirements of the Land Development Code. The perimeter buffer landscaping
requirements may be waived by the Board of County Commissioners, if it is shown
to the satisfaction of the Commission that the adjoining property owners have no
objections to the landscaping waiver. Interior vehicular use area landscaping
requirements may be waived by the Commission, to the extent necessary to ensure
optimal solar access. The Board of County Commissioners may require additional
landscaping to enhance compatibility with adjacent land uses.
The applicant has requested a waiver from the landscaping and screening
requirements in the Land Development Code. As of date, there have been no
objections from adjoining property owners to the waiver.
6. On site power lines shall be places underground to the maximum extent possible.
The applicant has addressed this to the maximum extent possible. The conduits
adjacent to the solar arrays that will transfer electrical current to the substation
have been placed underground where feasible so as not impact wetlands or
drainage. A power pole with an overhead transmission line will be installed
adjacent to the substation that will carry electricity to an existing FPL transmission
line that is located on the property to the west.
Consistency with Comprehensive Plan
The subject property lies in the St. Lucie Boulevard Mixed Use Activity Area. More
specifically, the Low and Medium Intensity Zones as identified on the map below which
allow Public Service Utilities as a Permitted Use. The solar generation center will provide
St Lucie Boulevard Mixed Use Activity Area
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FPL Interstate Solar Energy Center - Conditional Use Permit
CU 520175136
October 19, 2017
Page 6
alternative, clean energy that complies with the goals, policies and objectives of the
Comprehensive Plan. Specifically, Goal IV of the County’s ‘Greenprint’, which is cited in
the County’s Conservation Element, adopted by the Board of County Commissioners in
2009 that outlines the County’s vision for a sustainable community. Goal IV strives to
“support energy conservation and clean energy alternatives”.
As identified in the 2030 North St. Lucie County Future Street Network Plan below, there
are two (2) roadways that are in close proximity to the proposed solar generation center,
the North/South “C” Road (two lane road) which is identified on the site plan and the
East/West Treasure Coast Airport Connector (4 lane road). This proposed street network
supports the transportation concurrency strategy for the area and identifies the general
vicinity of major roads and intersections. It is important to note that the proposed streets
are not site specific.
The conceptual alignment of the Treasure Coast Airport Connector road is located
approximately ¼ mile south of the subject property and is an extension of St. Lucie
Boulevard to the west providing interchanges at Interstate 95 and the Florida Turnpike.
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FPL Interstate Solar Energy Center - Conditional Use Permit
CU 520175136
October 19, 2017
Page 7
The property owner to the south is concerned that the low impact use of a solar
generation facility may be detrimental to the establishment of the Treasure Coast Airport
Connector road as the feasibility of this roadway project depends upon projected usage
of the interchanges. FPL has addressed this concern by providing a 96 acre preserve area
adjacent to the southern boundary of the project to accommodate future commercial and
industrial development. A fee-in-lieu for tree mitigation per LDC requirements would be
required by the developer as well as site plan modification.
B. Effect on Adjacent Properties
The proposed conditional use should not have an undue adverse impact upon nearby
properties. The proposed solar generation facility is a low impact use which is compatible
with the surrounding uses. The solar arrays have minimal visual impact as they sit low to
the ground and are approximately 6 to 7 feet in height at their highest point. The solar
panels are static, operate silently, have zero reflection, no odor, and require no water, fuel
or staff to operate.
A seven (7) foot high fence with one (1) foot of barbed wire will be installed around the
perimeter of the property to secure the site. A condition of approval requires that all
exterior lighting be reduced to zero footcandle readings at the property line.
C. Adequacy of Public Facilities
Water/Wastewater
The subject property lies outside the urban services boundary. The proposed solar
generation center is a public utility and therefore does not require water or wastewater
service.
Transportation System
A traffic impact report is not required as per LDC, Section 11.02.09(4)(A). The applicant
has provided a traffic statement which indicates that the proposed development of the
solar generation facility will result in a net decrease in site traffic due to the change in use
from agriculture. The expected average trip generation of the facility following buildout
is four (4) trips per month for maintenance purposes.
D. Adequacy of Fire Protection
The St. Lucie County Fire District, Fire Prevention Bureau has reviewed the proposed
conditional use permit in accordance with the provisions of the State Fire Code and has
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FPL Interstate Solar Energy Center - Conditional Use Permit
CU 520175136
October 19, 2017
Page 8
no objections to the request. St. Lucie County Fire District, Station #11 – Shinn Road (3501
Shinn Road) is located approximately 7 miles to the southwest.
E. Environmental Impact
The site currently consists of 117.6-acres of improved pasture (actively grazed), 29.1-acres
of unimproved pasture (natural grasslands with herbaceous groundcover such as saw
palmetto, wax myrtle, and widely scattered oak, slash pine and cabbage palm), 240.2-
acres of pine flatwoods, 105.7-acres of previous horticultural production (currently
utilized as grazing), 19.1-acres of man-made ditches, 8.0-acres of man-made reservoirs,
0.4-acres of mixed forested wetlands, 12.3-acres of freshwater marshes, and 6.63-acres
of existing roads.
Environmental Resources Department does not object to the Conditional Use Permit
application. Environmental impacts for this Conditional Use are being addressed through
the Major Site Plan process, which is currently under review by staff. The Major Site Plan
application will address avoidance and minimization, tree preservation and mitigation,
landscaping and impacts to wetlands as required by the Land Development Code.
RECOMMENDATION
Forward a recommendation of approval of the Conditional Use Permit to the Board of County
Commissioners for a solar generation station subject to conditions in the Resolution.
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_______________________________
File No.: CU 520175136 Resolution 2017-XXX
October 19, 2017
Page 1
Resolution 2017- XXX
File No.: CU 520175136
A RESOLUTION GRANTING CONDITIONAL USE PERMIT
APPROVAL TO ALLOW FOR THE CONSTRUCTION AND
OPERATION OF A 74.5 MW PHOTOVOLTAIC SOLAR
CENTER IN THE AG-1, (AGRICULTURAL – 1) ZONING
DISTRICT FOR CERTAIN PROPERTY LOCATED IN ST.
LUCIE COUNTY, FLORIDA.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on
the testimony and evidence, including but not limited to findings in the staff report, has
made the following determinations:
1. Florida Power and Light Company, presented a petition for a Conditional Use
Permit to allow for the construction and operation of a 74.5 MW Photovoltaic
Solar Center in the AG-1 (Agricultural – 1) Zoning District for the property
depicted on the attached map in Exhibit “A” and described in Part B below.
2. On October 19, 2017, 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 hereinafter described Conditional Use Permit in the AG-1
(Agricultural – 1) Zoning District for the property described in Part B.
3. On November 7, 2017, this Board held a public hearing on the petition, after
publishing a notice of such hearing and notifying by mail all owners of property
within 500 feet of the subject property.
4. The Conditional Use Permit, with the conditions therein, is consistent with the
goals, objectives and policies of the St. Lucie County Comprehensive Plan and
has satisfied the requirements of Section 11.07.03 of the St. Lucie County Land
Development Code.
5. With conditions therein, the project 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.
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_______________________________
File No.: CU 520175136 Resolution 2017-XXX
October 19, 2017
Page 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a
Conditional Use Permit that allows for the construction and operation of a 74.5
MW Photovoltaic Solar Center on the property described below is hereby
approved subject to the following conditions:
1. The conditional use improvements and operational areas shall be
consistent with Resolution No. 17-XXX authorizing Major Site Plan
approval on the drawings prepared by Culpepper and Terpening, Inc. date
stamped received by the St. Lucie County Planning Division on ____,
2017. Adjustments to the site plan or conditional use permit may be made
consistent with the St. Lucie County Land Development Code.
2. On-site construction activities and/or repairs to the solar energy facility
shall be restricted to the hours of 7:00 a.m. to 6:00 p.m. on weekdays and
8:00 a.m. to 5:00 p.m. on Saturday.
3. Footcandle readings for all exterior lighting associated with normal
operations of the solar center shall be zero (0) at adjacent property lines.
Repairs and maintenance of solar center equipment shall be exempt from
this provision.
4. If the use is not operated for a continuous period of 12 months, it shall be
considered abandoned, and the owner of such solar equipment shall
remove the same within 180 days of receipt of notice from the County
notifying the owner of such abandonment. Failure to remove the
abandoned equipment shall be grounds for the County to remove the
equipment at the expense of the owner.
5. The owner at all times shall comply with the St. Lucie County Code of
Ordinances, Section 28-107 through 28-112, as amended regulating
noise.
6. The issuance of County development permit does not in any way create
any rights on the part of the applicant to obtain a permit from a state or
federal agency and does not create any liability on the part of the County if
the applicant fails to obtain requisite approvals or fulfill the obligations
imposed by a state or federal agency or undertakes actions that result in a
violation of state or federal law.
7. All other applicable state or federal permits must be obtained before
commencement of the development.
B. The subject property is described as follows:
Parcel 1
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_______________________________
File No.: CU 520175136 Resolution 2017-XXX
October 19, 2017
Page 3
That part of the Northeast 1/4 of Section 28, Township 34 South, Range 39 East,
lying Westerly of the Right of Way for Interstate 95, AND the South of the
Northwest ¼ of Section 28, Township 34 South, Range 39 East, lying Westerly of
the Right of Way for Interstate 95, St. Lucie County, Florida, less and excepting
therefrom the North 200 feet of that part thereof situate and being within the
Southeast 1/4 of the Northwest ¼ of said Section 28 lying Westerly of the Right
of Way for Interstate 95.
Together with and subject to those certain easements contained in the following:
a. That certain Warranty Deed given by St. Lucie Groves Investments, ltd. to
Edgar A. Brown, as Trustee dated January 18, 1993 and recorded in
Official Records Book 824, Page 2323, of the Public Records of St. Lucie
County, Florida.
b. That certain Declaration of Easements and Covenants made by Edgar A.
Brown, individually and as Trustee, as Declarant dated March 26, 1993
and recorded In Official Records Book 834, Page 2383, of the Public
Records of St. Lucie County, Florida.
Parcel 2
The West ½ of the Southwest 1/4 of Section 28, Township 34 South, Range 39
East, St. Lucie County, Florida.
Parcel 3
The West ½ of the Northeast 1/4 of the Southwest 1/4 of Section 28, Township
34 South, Range 39 East, St. Lucie County, Florida.
Parcel 4
The East of the Northeast 1/4 of the Southwest 1/4 of Section 28, Township 34
South. Range 39 East, St. Lucie County, Florida.
Parcel 5
The Southeast 1/4 of the Southwest 1/4 of Section 28, Township 34 South,
Range 39 East AND that part of the Southeast 1/4 of Section 28, Township 34
South, Range 39 East, lying Westerly of the right-of-way for Interstate 95, St.
Lucie County, Florida.
Together with and subject to those certain easements contained in the following:
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_______________________________
File No.: CU 520175136 Resolution 2017-XXX
October 19, 2017
Page 4
a. That certain Warranty Deed given by St. Lucie Groves Investments, Ltd. to
Edgar A. Brown, as Trustee, dated January 18, 1993 and recorded In
Official Records Book 824, Page 2323, of the Public Records of St. Lucie
County, Florida.
b. That certain Declaration of Easements and Covenants made by Edgar A.
Brown, individually and as Trustee, as Declarant, dated March 26, 1993
and recorded in Official Records Book 834, Page 2383, of the Public
Records of St. Lucie County, Florida.
Parcel 6
The North ½ of Section 33, Township 34 South, Range 39 East lying West of 1-
95,excepting therefrom, however, the South 75 feet thereof, also Less and
Except Proposed St. Lucie Blvd. as described in Official Records Book 710,
Page 2734, of the Public Records of St. Lucie County, Florida.
Parcel Identification Numbers:
1328-231-0001-000-7 1328-311-0001-000-2
1328-321-0001-000-3 1333-112-0010-000-3
1328-312-0001-000-5 1328-341-0001-000-5
C. The approvals and authorizations granted by this Resolution are for the purpose
of obtaining a Building Permit or Zoning Compliance from St. Lucie County, and
are not assigned to any other party or institution. Should the petitioners choose
or decide to assign this business to another entity or individual, a minor
adjustment to the Conditional Use Permit shall be required.
D. The approvals and authorizations granted by this Resolution shall expire on
November 7, 2018, unless a Building Permit or Certificate of Zoning Compliance
for is obtained for the uses described in Part A above, or an extension has been
granted in accordance with Section 11.07.05(F), St. Lucie County Land
Development Code.
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_______________________________
File No.: CU 520175136 Resolution 2017-XXX
October 19, 2017
Page 5
After motion and second, the vote on this resolution was as follows:
Chairman Chris Dzadovsky XXX
Vice-Chairman Tod Mowery XXX
Commissioner Frannie Hutchinson XXX
Commissioner Linda Bartz XXX
Commissioner Cathy Townsend XXX
PASSED AND DULY ADOPTED this 7th day of November, 2017.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLOIRDA
BY
Chairman
ATTEST: APPROVED AS TO FORM
AND CORRECTNESS:
______________ _____________________
DEPUTY CLERK COUNTY ATTORNEY
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_______________________________
File No.: CU 520175136 Resolution 2017-XXX
October 19, 2017
Page 6
Exhibit A
Location Map
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Suggested motion to recommend approval/denial of this requested conditional uses.
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 11.07.03, 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 ADOPT A RESOLUTION GRANTING APPROVAL TO THE
PETITION OF FPL FOR A CONDITIONAL USE PERMIT FOR A SOLAR GENERATION
STATION WITHIN THE AG-1 ZONING DISTRICT, BECAUSE... [LIST CONDITION(S)]
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 11.07.03, 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 ADOPT A RESOLUTION DENYING THE PETITION OF FPL FOR
A CONDITIONAL USE PERMIT FOR A SOLAR GENERATION STATION WITHIN THE
AG-1, ZONING DISTRICT, BECAUSE... [CITE REASON(S) WHY - PLEASE BE
SPECIFIC]
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W-2
W-3
STATE OF FLORIDA CERTIFICATION No. LB 4286
LEGAL DESCRIPTION:
A PORTION OF SECTION 28, TOWNSHIP 34 SOUTH, RANGE 39 EAST, AND A PORTION OF SECTION 33,
TOWNSHIP 34 SOUTH, RANGE 39 EAST, SAID LANDS SITUATE AND BEING IN ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARY
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
EXHIBIT "A"
PARCEL 1:
THAT PART OF THE NORTHEAST 1/4 OF SECTION 28, TOWNSHIP 34 SOUTH, RANGE 39 EAST, LYING WESTERLY OF THE RIGHT OF WAY FOR
INTERSTATE 95, AND THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 28, TOWNSHIP 34 SOUTH, RANGE 39 EAST, LYING WESTERLY OF THE
RIGHT OF WAY FOR INTERSTATE 95, ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPTING THEREFROM THE NORTH 200 FEET OF THAT PART
THEREOF SITUATE AND BEING WITHIN THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 28 LYING WESTERLY OF THE RIGHT OF
WAY FOR INTERSTATE 95.
TOGETHER WITH AND SUBJECT TO THOSE CERTAIN EASEMENTS CONTAINED IN THE FOLLOWING:
A) THAT CERTAIN WARRANTY DEED GIVEN BY ST. LUCIE GROVES INVESTMENTS, LTD. TO EDGAR A. BROWN, AS TRUSTEE, DATED JANUARY 18,
1993 AND RECORDED IN OFFICIAL RECORDS BOOK 824, PAGE 2323, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
B) THAT CERTAIN DECLARATION OF EASEMENTS AND COVENANTS MADE BY EDGAR A. BROWN, INDIVIDUALLY AND AS TRUSTEE, AS DECLARANT,
DATED MARCH 26, 1993 AND RECORDED IN OFFICIAL RECORDS BOOK 834, PAGE 2383, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
PARCEL 2:
THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA.
PARCEL 3:
THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY,
FLORIDA.
PARCEL 4:
THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY,
FLORIDA.
PARCEL 5:
THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 34 SOUTH, RANGE 39 EAST AND THAT PART OF THE SOUTHEAST 1/4 OF
SECTION 28, TOWNSHIP 34 SOUTH, RANGE 39 EAST, LYING WESTERLY OF THE RIGHT-OF-WAY FOR INTERSTATE 95, ST. LUCIE COUNTY, FLORIDA.
TOGETHER WITH AND SUBJECT TO THOSE CERTAIN EASEMENTS CONTAINED IN THE FOLLOWING:
A) THAT CERTAIN WARRANTY DEED GIVEN BY ST. LUCIE GROVES INVESTMENTS, LTD. TO EDGAR A. BROWN, AS TRUSTEE, DATED JANUARY 18,
1993 AND RECORDED IN OFFICIAL RECORDS BOOK 824, PAGE 2323, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
B) THAT CERTAIN DECLARATION OF EASEMENTS AND COVENANTS MADE BY EDGAR A. BROWN, INDIVIDUALLY AND AS TRUSTEE, AS DECLARANT,
DATED MARCH 26, 1993 AND RECORDED IN OFFICIAL RECORDS BOOK 834, PAGE 2383, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
PARCEL 6:
THE NORTH 1/2 OF SECTION 33, TOWNSHIP 34 SOUTH, RANGE 39 EAST, LYING WEST OF I-95, EXCEPTING THEREFROM, HOWEVER, THE SOUTH 75
FEET THEREOF, ALSO LESS AND EXCEPT PROPOSED ST. LUCIE BLVD., AS DESCRIBED IN OFFICIAL RECORDS BOOK 710, PAGE 2734, OF THE
PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
SAID LANDS CONTAINING 23,480,706.67 SQUARE FEET OR 539.04 ACRES.
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STATE OF FLORIDA CERTIFICATION No. LB 4286
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STATE OF FLORIDA CERTIFICATION No. LB 4286
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STATE OF FLORIDA CERTIFICATION No. LB 4286
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STATE OF FLORIDA CERTIFICATION No. LB 4286
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Environmental resources
FINAL REPORT
TO: Jeff Johnson, Planning & Development Services Department
THROUGH: Ben Balcer, Environmental Regulations Manager
Amy Griffin, Environmental Resources Director
FROM: Jennifer McGee, Senior Environmental Planner
DATE: July 31, 2017
SUBJECT: FPL Interstate Solar Energy Facility
CU 520175136
Background
The Environmental Resources Department (ERD) has completed a review of the July 28, 2017 electronic
resubmittal. The applicant is requesting approval of a conditional use to construct a 74.5 MW Photovoltaic
Solar Center in central St. Lucie County. A concurrent Major Site Plan application is currently under review for
the proposed project as well.
This facility will have the capacity to serve approximately 15,000 homes with clean renewable energy. The
approximately 540-acre site is located off Aico Road, just west of Interstate I-95 and north of C-25 (Belcher)
canal. The site currently consists of 117.6-acres of improved pasture (actively grazed), 29.1-acres of unimproved
pasture (natural grasslands with herbaceous groundcover such as saw palmetto, wax myrtle, and widely scattered
oak, slash pine and cabbage palm), 240.2-acres of pine flatwoods, 105.7-acres of previous horticultural
production (currently utilized as grazing), 19.1-acres of man-made ditches, 8.0-acres of man-made reservoirs,
0.4-acres of mixed forested wetlands, 12.3-acres of freshwater marshes, and 6.63-acres of existing roads.
Findings
Environmental impacts for this Conditional Use are being addressed through the Major Site Plan process, which
is currently under review by staff. The Major Site Plan application will address avoidance and minimization,
tree preservation and mitigation, landscaping and impacts to wetlands as required by the Land Development
Code.
Recommendation
ERD supports approval of the proposed Conditional Use with conditions as detailed below.
Conditions of Approval
1) The concurrent Major Site Plan application shall be reviewed and approved by the Environmental
Resources Department prior to Board of County Commissioners approval of this Conditional Use.
2) The issuance of County development permit does not in any way create any rights on the part of the
applicant to obtain a permit from a state or federal agency and does not create any liability on the part of
the County if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state
or federal agency or undertakes actions that result in a violation of state or federal law.
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3) All other applicable state or federal permits must be obtained before commencement of the development.
Please contact Jennifer McGee at 772-462-3862 if you have any questions.
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LDC, SECTION 3.01.03
AG-1 ZONING DISTRICT
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.
a. Agricultural production - crops. (01)
b. Agricultural production - livestock and animal specialties. (02)
c. Agricultural services. (07)
d. Family day care homes. (999)
e. Family residential homes provided that such homes shall not be located
within a radius of one thousand (1,000) feet of another existing such
family residential home and provided that the sponsoring agency or
Department of Health and Rehabilitative Services (HRS) notifies the
Board of County Commissioners at the time of home occupancy that
the home is licensed by HRS. (999)
f. Fishing, hunting and trapping. (09)
g. Forestry. (08)
h. Kennels. (0752)
i. Research facilities, non-commercial. (8733)
j. Riding stables. (7999)
k. Single-family detached dwellings. (999)
3. Lot Size Requirements. Lot size requirements shall be in accordance with Table
1 in Section 7.04.00.
4. Dimensional Regulations. Dimensional requirements shall be in accordance
with Table 1 in Section 7.04.00.
5. Off-Street Parking and Loading Requirements. Off-street parking and loading
requirements are subject to Section 7.06.00.
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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 takeoff fields. (4581)
d. Family residential homes located within a radius of one thousand
(1,000) feet of another such family residential home. (999)
e. Farm products warehousing and storage. (4221/4222)
f. Gasoline service stations. (5541)
g. Industrial wastewater disposal. (999)
h. Manufacturing:
(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)
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. Telecommunication towers - subject to the standards of Section
7.10.23. (999)
m. Camps - sporting and recreational. (7032)
n. Solar generation station subject to the requirements of Section 7.10.28.
(999)
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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LDC, SECTION 7.10.28
SOLAR ENERGY
The following provisions are intended to facilitate the commercial generation and distribution
of solar power and the use of on-site solar energy systems to meet the energy demands of
buildings and support facilities in the unincorporated County. All Solar equipment and devices
shall comply with Florida Statutes and shall be certificated by the Florida Solar Energy
Commission.
A. Solar Generation Station. In addition to other applicable sections of this Code, a solar
generation station shall be subject to the following provisions:
1. Solar generation stations shall require submittal of a Major Site Plan
application concurrent with a Conditional Use Permit, when required. The
development shall be subject to the following supplemental criteria:
a. Physical access to a solar generation station shall be restricted by fencing
or walls. Razor wire is prohibited. All fencing and wall details shall be
provided for review and approval as part of the required site plan.
b. The devices that capture energy and convert it to electricity shall not be
placed in wetlands, environmentally sensitive resources or habitats,
imperiled and critically imperiled habitats as defined by the Florida
Natural Areas Inventory, and buffers. Any environmental impacts from
such devices, or any component of a solar generation station, shall only
be allowed in compliance with the provisions of the County's
Comprehensive Plan and Land Development Code.
c. All devices that capture and convert energy to electricity shall be located
at least fifty (50) feet from any lot line under separate ownership, unless
otherwise approved by the Board of County Commissioners.
d. The maximum lot coverage by structures, including solar ground or
pole mounted panels, for the zoning district may be waived by the
Board of County Commissioners. The approved maximum lot coverage
shall be shown on the site plan and specified in the resolution
approving the development.
e. All solar generation station sites must comply with the landscaping and
screening requirements of the Land Development Code. The perimeter
buffer landscaping requirements may be waived by the Board of County
Commissioners, if it is shown to the satisfaction of the Commission that
the adjoining property owners have no objection to the landscaping
waiver. Interior vehicular use area landscaping requirements may be
waived by the Commission, to the extent necessary to ensure optimal
solar access. The Board of County Commissioners may require
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additional landscaping to enhance compatibility with adjacent land
uses.
f. On-site power lines shall be placed underground to the maximum
extent possible.
B. Solar Energy System. In addition to other applicable sections of this Code, a solar
energy system shall be subject to the following provisions:
1. All solar panels and devices are considered structures and subject to the
requirements for such, together with all other applicable building codes and
ordinances, unless otherwise provided for in this Code. Solar panels installed on
roofs are exempt from the building height requirements. Solar panels installed
on rooftops shall be located two (2) feet from the roof edge.
2. Non-roof installed solar energy devices integrated into the architecture of the
building, such as the walls of the building, shall be no greater than ten (10)
feet above the maximum height requirements of the zoning district.
3. Ground or pole mounted systems shall be limited to a height of ten (10) feet
above the base floor elevation of the primary structure.
4. Solar energy systems shall not be located in front or side corner yards of any
parcel, unless the following are met: 1) the conditions of the side and back
yards prohibit the installation of a system, and 2) the lot is one (1) acre or
greater, and 3) adequate buffering along the adjacent roadway is provided,
and 4) the location is approved by the Director of Planning and Development
Services.
5. Solar ground and pole mounted systems less than six (6) feet in height may
encroach into the side and rear setback area, but in no case shall the system
be located closer than five (5) feet from the property line. Where the system is
higher than six (6) feet in height the setback requirements of the zoning district
shall apply.
6. Solar collectors may be co-located on communication towers, and parking lot
and street light poles, in which case the height and setback requirements for
said tower/pole shall apply.
7. All new exterior electrical lines and utility wires connecting a ground or pole
mounted solar system to the building it serves shall be buried underground.
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8. The Board of County Commissioners may allow for a modification of these
accessory use provisions when the proposed solar energy system will serve
buildings within a planned development project. The modifications shall be
identified on the site plan graphics and within the resolution granting approval
to the planned development.
9. Waiver. In the event any of the provisions in this Section have the effect of
prohibiting the installation of a solar energy system, the applicant shall have
the right to apply for a waiver from these provisions to the Director of Planning
and Development Services or designee. The Director may grant a waiver upon
determining that strict application of the Code would result in prohibiting the
installation of a solar energy system.
10. Landscape Waiver. The Environmental Resources Director may waive the
landscaping requirements of the Land Development Code to the extent
necessary to ensure optimal solar access.
11. Any approval of a solar energy system does not create any actual or inferred
solar energy system easement against adjacent property and/or structures.
The owner and/or property owner of a solar energy system shall not infer or
claim any rights to protective writs to any caused shadows or operating
ineffectiveness against future development adjacent to or higher than the
property location of the solar energy system. The approval of any solar energy
system granted by St. Lucie County shall not create any future liability or infer
any vested rights to the owner and/or property owner of the solar energy
system on the part of the County for any future claims against said issuance of
approval of the solar energy system that result from reliance on this section or
any administrative decision lawfully made thereunder.
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This instrument prepared by or under the supervision of
(and after recording should be returned to):
Seth S. Sheitelman, Esq.
Florida Power Light Company (LAW /18)
700 Universe Boulevard
Juno Beach, Florida 33408
Parcell.D. Nos.: 1328-231-0001-000-7;
1328-31 1-0001-000-2; 1328-321-0001-000-3;
1333-112-0010-000-3; 1328-132-0025-000-7;
1328-312-0001-000-5; and 1328-341-0001-000-5
Of lHE CIRCUll COURT lH CLERK JOSEPH e. SM! 'NlY
SAINl LUCIE CO~I2612016 10:37:27 AM l' pe'DEED
FILE # 4224153 PAGE 2715 _ 2771 Ooc V .
RSOOK3905
~ECORDING: $27.00
()oc Tax: $0.70
(Space Reserved for Clerk of Court)
NOTE TO CLERK: TillS IS A CONVEYANCE OF UNENCUMBERED REAL PROPERTY FROM THE
GRANTOR TO AN ENTITY THAT WHOLLY OWNS GRANTOR. ACCORDINGLY, PURSUANT TO
THE FLORIDA SUPREME COURT'S RULING IN CRESCENT MIAMI CENTER, LLC V. FLORIDA
DEPARTMENT OF REVENUE, AS CONFIRMED BY SECTION 201.0201, FLORIDA STATUTES,
MINIMUM DOCUMENTARY STAMP TAXES ARE BEING PAID IN CONNECTION HEREWITH.
SPECIAL WARRANTY DEED
TIDS SPECIAL WARRANTY DEED is made and entered into as of the lSd, day of August,
2016 by Gray Sky Investments, LLC, a Delaware limited liability company ("Grantor"), whose mailing
address is c/o Chicago Title Insurance Agency, Inc., 3067 East Commercial Boulevard, Fort Lauderdale,
Florida 3330S, to Florida Power & Light Company, a Florida corporation ("Grantee"), whose mailing
address is 700 Universe Boulevard, Juno Beach, Florida 3340S. Wherever used herein, the terms
"Grantor" and "Grantee" shall include all of the parties to this instrument and their heirs, personal
representatives, and assigns.
WIT NE S SETH:
GRANTOR, for and in consideration of Ten and No/IOO Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted,
bargained and sold, and by these presents does hereby grant, bargain and sell to Grantee and Grantee's
successors andlor assigns forever, the following described land situate and being in St. Lucie County,
Florida ("Property"), to wit:
SEE ATTACHED EXIllBIT "A".
TOGETHER WITH all the tenements, hereditaments and appmtenances thereunto belonging or
in anywise appmtaining.
TIDS CONVEYANCE is subject to: (a) taxes and assessments for the year of closing and
subsequent years which are not yet due and payable; (b) zoning, restrictions, prohibitions and other
requirements imposed by governmental authority, (c) restrictions and matters appearing on the plat or
otherwise common to the subdivision, and (d) all covenants, conditions, restrictions, rights of way,
limitations, easements and similar matters of record, if any, but this reference shall not operate to
reimpose same.
TO HAVE and to hold the same in fee simple forever.
GRANTOR hereby covenants with Grantee that it is lawfully seized of the Property in fee
simple, that it has good right and lawful authority to sell and convey the Property, that it hereby fully
warrants the title to the Property and will defend the same against the lawful claims of all persons
claiming by, through or under Grantor, but no otllers.
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IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal as of the day and
year first above written.
Signed, sealed and delivered
in the presence of:
Sign:~ Print:~
Sign:~~
Print:' t:Jd rM D i9-&"e,e,J '-J'
STATE OF DELAWARE
COUNTYOF N£iAJ f.ftsrLi!
)
) SS:
)
Grantor:
GRAY SKY INVESTMENTS, LLC,
a Delaware limited liability company
By:~!7{~
N;lme: Barbara Morris
Title: President
The foregoing instrument was acknowledged before me this ht1iiy of August, 2016, by
Barbara Morris, as 'President of Gray Sky Investments, LLC, a Delaware limited liability company,
.... oIi'behalf of the company.
'-, " ,
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EXIDBITA
Legal Description
PARCEL 1:
That part of the Northeast Y. of Section 28, Township 34 South, Range 39 East, lying Westerly of the Right of Way
for Interstate 95, AND the South Y, of the Northwest Y. of Section 28, Township 34 South, Range 39 East, lying
Westerly of the Hight of Way for Interstate 95, St. Lucie County, Florida, LESS AND EXCEPTING THEREFROM the
North 200 feet of that part thereof situate and being within the Southeast Y. of the Northwest Y. of said Seclion 28
lying Westerly of the Hight of Way for Interstate 95.
TOGETHER WITH AND SUBJECT TO those certain easements contained in the following:
(a) That certain Warranty Deed given by SI. Lucie Groves Investments, Ltd. to Edgar A. Brown, as Trustee, dated
January 18, 1993 and recorded in Official Records Book 824, Page 2323, of the Public Records of SI. Lucie County,
Florida.
(b) That certain Declaration of Easements and Covenants made by Edgar A. Brovm, individually and as Trustee, as
Declarant, dated March 26, 1993 and recorded in Official Records Book 834, Page 2383, of the Public Records of
SI. Lucio County, Florid~.
PARCEL 2:
The West Y, of the Southwest Y. of Section 28, Township 34 South, Range 39 East, SI. Lucie County, Florida.
PARCEL 3:
The West Y, of llie Northeast Y. of the Southwest Y. of Section 28, Township 34 South, Range 39 East, SI. Lucie
County, Florida.
PARCEL 4:
The East Y, of the Northeast Y. of the Southwest Y. of Section 28, Township 34 South, Range 39 East, SI. Lucie
County, Florida.
PARCEL 5:
The Southeast Y. of the Southwest Y. of Section 28, Township 34 South, Range 39 East AND that part of the
Southeast Y. of Section 28, Township 34 South, Range 39 East, lying Westerly of Ule right-of-way for Interstate 95,
SI. Lucie County, Florida.
TOGETHER WITH AND SUBJECT TO those certal'l easements contained in the following:
(a) That certain Warranty Deed given by SI. Lucie Groves Investments, Ltd. to Edgar A. Brown, as Trustee, dated
January 18,1993 and recorded In Official Records Book 824, Page 2323, of the PubliC Records of St. Lucie County,
Florida.
(b) That certain Declaration of Easements and Covenants made by Edgar A. Brown, individually and as Trustee, as
Declarant, dated March 26, 1993 and recorded in Official Records Book 834, Page 2383, of the Public Records of
SI. Lucie County, Florida.
PARCEL 6:
The North Y, of Section 33, Township 34 South, Range 39 East, lying West of 1-95, excepting therefrom, however,
the South 75 feet thereof, also Less and Except Proposed SI. Lucie Blvd., as described in OffiCial Records Book
710, Page 2734, of the Public Records of SI. Lucie County, Florida.
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ITEM NO. (ID # 4689)
DATE: 10/19/2017
AGENDA REQUEST *PUBLIC HEARINGS
BACKGROUND:
The subject property is located within the Jay Gardens subdivision that was originally platted in 1957
(Plat Book 10, Page 70) with lots sizes averaging 75 foot in width. In 1984 the County rezoned Jay
Gardens subdivision to AR-1, a district that required one acre lots, creating non-conforming lots. Since
then, parcels have been sold and subdivided in a manner that has not maintained the one acre size
and several property owners have sought and received a change in zoning to the RS-4 Zoning District
to allow for the construction of a single family home because the lots were not buildable.
The applicant is seeking a change in zoning to allow for the building of a residential home because in
accordance with the setbacks of that zoning district. The proposed residential, single-family zoning
district, in which the applicant is seeking, is found on the parcel to the south. This parcel is under the
same ownership. The rezoning to RS-4 (Residential, Single-family - 4 du/acre) will continue the existing
zoning patterns that have occurred within the neighborhood and will satisfy the requirements of the
Land Development Code, and therefore eliminate the non-conforming lots. Prior to the issuance of a
building permit, the County will require either well and septic permits from the Health Department or
documentation from the Ft. Pierce Utilities Authority verifying water and sewer service connections
will be provided to the site.
PREVIOUS ACTION:
None.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends that the proposed Rezoning be forwarded to the Board of County Commissioners with
a recommendation of approval.
COMMISSION ACTION:
TO: St. Lucie County Planning & Zoning Commission
PRESENTED BY: Bethany Grubbs, Planner
SUBMITTED BY: Planning Division
SUBJECT: Hillbilly Lot Rezoning
4.B
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Updated: 10/11/2017 9:52 AM by Bethany Grubbs Page 2
Coordination/Signatures
4.B
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Planning & Zoning Commission
Planning Division Agenda Item Summary
Applicant
Richard Michalak
3340 SE Federal Hwy #256
Stuart, FL 34997
File Number
RZ 620175155
Project Location
TBD Jay Gardens Lane
Existing Zoning
AR-1 (Agricultural, Residential -
1 du/ac)
Proposed Zoning
RS-4 (Residential, Single-
Family—4 du/ac)
Project Manager
Bethany Grubbs
Planner
(772) 462-1687
grubbsb@stlucieco.org
Staff Recommendation
Approval
Hillbilly Lot
Amendment to the Official Zoning Atlas
Project Description
The applicant has requested a
change in zoning from the AR-1
(Agricultural, Residential-1 du/ac)
Zoning District to the RS-4
(Residential, Single-Family—4 du/ac)
Zoning District for a 0.56 acre parcel
located at Jay Gardens Lane.
The purpose of the request is to
allow a single family homestead. The
lot is currently non-conforming, and
the rezoning is intended to make this
lot a buildable lot subject to the
minimum lot size requirements of the
RS-4 zoning district.
Background
The subject property is currently an
undeveloped, non-conforming lot of
record. The applicant also owns the
contiguous parcel immediately to the
south, which is currently zoned RS-4.
The property will be serviced via
onsite well and septic system upon
Health Department Approval.
Previous Action
None
Notice Requirements
Public hearing notice was placed in
the St. Lucie News Tribune, letters
sent to property owners within 500
feet of the subject property and a
sign placed on the property. No writ-
ten objections were received from
adjacent property owners.
Staff Recommendation
Staff recommends that the proposed
petition be forwarded to the Board of
County Commissioners with a rec-
ommendation of approval.
Hearing Date:
Thursday
October 19, 2017
Project Location: Jay Gardens Lane, approximately 500 feet north of
Orange Avenue
4.B.a
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Planning and Development
Services Department
S T A F F R E P O R T
TO: Planning & Zoning Commission
THROUGH: Leslie Olson, AICP, Planning & Development Services Director
Bonnie C. Landry, AICP, Planning Manager
FROM:
Bethany Grubbs, Planner
DATE: October 19, 2017
SUBJECT: Hillbilly Lot – TBD Jay Gardens Lane
BACKGROUND
The subject undeveloped property consists of 0.56 acres and is located within the Jay
Gardens subdivision, which was originally platted in 1957 (Plat Book 10, Page 70)
with lots sizes averaging 75 feet in width. County records indicate that as of 1972 the
parcel was zoned R-1C, Residential Single-Family. During that period, the R-1C
zoning district required a minimum lot width of 75 feet, with a minimum land size of
10,000 square feet. In 1984, the County rezoned Jay Gardens subdivision to AR-1, a
district that required one acre lots. Since then, parcels have been sold and subdivided
in a manner that has not maintained the one acre size, creating nonconforming lots.
Several property owners have sought and received a change in zoning to the RS-4
(Residential, Single-family – 4 du/acre) zoning district to allow for the construction of
a single family home.
The applicant is seeking a change in zoning to allow for the building of a residential
dwelling unit. While the parcel is a legal, nonconforming lot of record, and a residential
structure can be constructed as the parcel stands, the applicant has expressed a
desire to construct the dwelling unit in accordance with the setbacks of the RS-4
zoning district. The proposed residential, single-family zoning district, in which the
applicant is seeking, is found on the parcel to the south. This parcel is under the same
ownership as the petition site. The rezoning to RS-4 will continue the existing zoning
patterns that have occurred within the neighborhood and will satisfy the requirements
of the Land Development Code, and therefore eliminate the nonconforming lot of
record status.
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Hillbilly Lot Rezoning
RZ 620175155
September 21, 2017
Page 2
GENERAL INFORMATION
Stuart, FL 34997
Agent: None
Stuart, FL 34997
Request: Change in zoning from AR - 1 (Agricultural, Residential – 1 du/acre) to RS
- 4 (Residential, Single Family – 4 du/acre).
Purpose: The proposed zoning change is to allow for future development of a
single family residence.
Location: Jay Gardens Lane, approximately 200 feet east of Laidback Way and 500
feet north of Orange Avenue.
Tax Ids: 2311-601-0093-000-4
Parcel Size: 0.56 acres
Existing Use: Vacant Lot
Future Land Use: RU (Residential Urban)
Zoning: AR - 1 (Agricultural, Residential – 1 du/acre)
Proposed Zoning: RS - 4 (Residential, Single Family – 4 du/acre)
Urban Services Boundary: Inside
Applicant: Richard Michalak
3340 S.E. Federal Hwy, #256
Property Owner: Richard Michalak
3340 S.E. Federal Hwy, #256
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Hillbilly Lot Rezoning
RZ 620175155
September 21, 2017
Page 3
Existing Land Use and Zoning:
****************************************************************
STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03
ST. LUCIE COUNTY LAND DEVELOPMENT CODE
In reviewing this application, the Board of County Commissioners shall consider and make
the following determinations:
1. Whether the proposed rezoning is in conflict with any applicable portions of the St.
Lucie County Land Development Code;
The proposed change in zoning will not be in conflict with the County’s Land Development
Code and has met the standards of review for changes to the Official Zoning Atlas in Section
11.06.03. The proposed zoning district is consistent with Section 11.09.02(A), Table 11-1
Land Use Category/Zoning District compatibility chart, and the site meets the dimensional
requirements set forth in Section 7.04.00 and Table 7-10 for the RS-4 Zoning District.
The dimensional requirements set forth in Section 7.04.00 and Table 7-10 are shown below
for both the existing AR-1 Zoning District and the proposed RS-4 Zoning District. The
proposed parcel meets the minimum dimensional standards for lots in the proposed RS-4
Zoning District. If approved, the change in zoning will allow the applicant to seek approval for
development of the proposed single-family dwelling utilizing the minimum dimensional
requirements set forth below.
As currently zoned, the subject parcel is considered an unbuildable lot in the AR-1 Zoning
District because the lot size is less than one acre. The applicant is seeking a change in zoning
to allow for the building of a residential home.
Location
Future Land Use
Zoning
Existing Land Use
Subject Property Existing: RU (Residential
Urban – 5 du/ac)
Existing: AR-1 (Agricultural,
Residential – 1 du/ac)
Proposed: RS-4
(Residential, Single Family
– 4 du/ac)
Vacant
Adjacent
Parcels
North RU (Residential, Urban –
5 du/ac)
AR-1 (Agricultural,
Residential – 1 du/ac)
Non-Residential Farm
Building
South RU (Residential, Urban –
5 du/ac)
RS-4 (Residential, Single
Family – 4 du/ac)
Single Family
Residence
East RU (Residential, Urban –
5 du/ac)
AR-1 (Agricultural,
Residential – 1 du/ac)
Single Family
Residence
West RU (Residential, Urban –
5 du/ac)
AR-1 (Agricultural,
Residential – 1 du/ac)
Multi-Family Duplexes
developed in the early
1980’s
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Hillbilly Lot Rezoning
RZ 620175155
September 21, 2017
Page 4
Comparison of the Dimensional Requirements by Zoning District from Table 7-10 LDC
AR-1 Zoning District
Minimum
RS-4 Zoning District
Minimum
Subject Parcel
Lot Size 43,560 square feet 10,000 square feet 12,400 square feet
Lot Width 150 feet 100 feet 105 feet
Road Frontage 30 feet 60 feet 230 feet
Front Setback 50 feet 25 feet N/A
Rear Setback 30 feet 20 feet N/A
Side Setback 20 feet 20 feet N/A
Building Height 35 feet 40 feet N/A
Lot Coverage by Bldg. 20 % 30 % N/A
2. Whether the proposed amendment is consistent with all elements of the St. Lucie
County Comprehensive Plan;
The proposed rezoning from AR-1 (Agricultural, Residential – 1 du/acre) to RS-4 (Residential,
Single Family – 4 du/ac) is consistent with the County’s Comprehensive Plan. The proposed
change in zoning to RS-4 is compatible with the property’s Future Land Use Designation of
RU as per Comprehensive Plan Table 1-3, Land Use Designation / Zoning Compatibility
Chart. The subject parcel exceeds the required lot size of 10,000 square feet for a buildable
lot on the RS-4 zoning district.
The proposed change in zoning is consistent with the following Comprehensive Plan
directives that apply to the proposed change in zoning:
Objective 1.1.5 - In coordination with the other elements of this plan, future development
within the Urban Service Area shall be directed to areas where urban and community
services/facilities can be provided in the most efficient and compact manner so as to
discourage the proliferation of urban sprawl.
The subject property is located within the Urban Service Area.
Objective 1.1.1: Maintain the Future Land Use Map land with the following use
designations to portray the future development patterns of St. Lucie County.
The Residential Urban land use category allows for a maximum residential density of 5
du/ac. The applicant is proposing 1 dwelling unit on a 0.56 acre lot with a density of 2
dwelling units per acre. .
Table 1-3 Land Use Designation/Zoning Compatibility Matrix
The RS-4, Residential, Single-Family – 4 du/ac zoning district is compatible with the RU,
Residential Urban land use.
3. Whether and the extent to which the proposed zoning is inconsistent with the existing
and proposed land uses;
The proposed zoning change from AR-1 (Agricultural, Residential – 1 du/acre) to RS-4
(Residential, Single Family – 4 du/acre) is consistent with the existing and proposed land
uses. As stated above, the RS-4 zoning district is compatible with the RU Future Land Use
designation as per both the Land Development Code and the Comprehensive Plan. There
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Hillbilly Lot Rezoning
RZ 620175155
September 21, 2017
Page 5
have been several parcels within the Jay Gardens Subdivision rezoned to RS-4 in order for
the properties to be developed in conformance with the Land Development Code.
4. Whether there have been changed conditions that require an amendment;
No change in conditions has occurred to require the amendment.
5. Whether and the extent to which the proposed amendment would result in demands on
public facilities, and whether or to the extent to which the proposed amendment would
exceed the capacity of such public facilities, including but not limited to transportation
facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass
transit, and emergency medical facilities;
The proposed request is not expected to result in excessive demands on public facilities.
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.
Potable Water and Wastewater Treatment
The subject parcel and other lots within the Jay Gardens subdivision are not served by public
water or sewer. At the time a building permit is requested the applicant will be required to
provide documentation that the County’s Health Department has approved a well and septic
on the property or that water and sewer lines are being extended to the parcel and service will
be provided by the Ft. Pierce Utility Authority.
The subject property is within the Fort Pierce Utilities Authority’s service area for potable water
and wastewater. Existing water lines are located along the north side of Orange Avenue.
Water is available if the owner would like to connect at their expense. Gravity sewer is not
available. The subject property is over a half of an acre; therefore, the applicant may install a
well and septic tank on the property in compliance with Florida Administrative Code 64E-6 -
Standards for onsite sewage treatment and disposal systems. The use of well and septic
system are proposed for the development of the property.
Transportation Impacts
The petition site has frontage on Jay Gardens Lane, an unmaintained dirt road. Access to the
site is from Orange Avenue. The impacted roadway is operating at an acceptable level-of-
service (LOS) “B.” The trips generated by the proposed single family home can be estimated
by applying the generation rates found in the Institute of Transportation Engineer’s Trip
Generation Manual, 7th Edition. Using the ITE Land Use Codes 210 “Single-Family Detached
Housing” a single home generates an estimated 9.20 trips per day. A traffic impact report was
not prepared for this petition since the proposed traffic impacts are considered de minimis and
will not create a deficient roadway.
6. Whether and the extent to which the proposed amendment would result in significant
adverse impacts on the natural environment;
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Hillbilly Lot Rezoning
RZ 620175155
September 21, 2017
Page 6
The proposed rezoning is not anticipated to result in adverse environmental impacts.
Environmental impacts for this subject property will be assessed once a specific site design
is submitted. At that time, ERD will conduct further review to ensure compliance with the Land
Development Code during the site plan and/or building permit review process.
7. Whether and the extent to which the proposed amendment would adversely affect the
property values in the area;
There is no evidence that the proposed rezoning will adversely affect the property values in the area. A change in zoning from AR-1 (Agricultural Residential – 1 du/acre) to RS-4
(Residential, Single-Family – 4 du/acre) is consistent with residential uses to the south, east and west and will benefit neighborhood property values overall.
8. Whether and the extent to which the proposed amendment would result in an orderly
and logical development pattern specifically identifying any negative effects of such
patterns;
Based upon the land use analysis provided in this memorandum, the proposed rezoning from
AR-1 to RS-4 will result in an orderly and logical development pattern, continuing with the
established residential development pattern that is found on the adjacent parcels to the south
and east, and west. The applicant also owns the parcel directly to the south, which is currently
zoned RS-4 (Residential, Single-Family – 4 du/acre). The applicant is proposing to seek unity
of title approval of the two parcels if rezoning is approved.
9. Whether the proposed amendment would be in conflict with the public interest, and is
in harmony with the purpose and intent of this Code;
The proposed amendment is not in conflict with the public interest and is in harmony with the
purpose and intent of this code.
10. Any other matters that may be deemed appropriate by the Planning and Zoning
Commission or the Board of County Commissioners, in review and consideration of
the proposed amendment.
The Planning and Zoning Commission and the Board of County Commissioners may raise
other matters regarding this proposed amendment to the Official Zoning Atlas.
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 goals, objectives and policies of the St. Lucie County Comprehensive
Plan.
RECOMMENDATION
Staff recommends that the proposed Rezoning be forwarded to the Board of County
Commissioners with a recommendation of approval.
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ORANGE AVE
LAIDBACK WAY
MOCO LN
CRIPPLE CREEK LN
MILLWOOD DR
B
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G
R
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CORINNE RD
JAY GARDENS LN
S
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A
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A
P
E D
R
S CARDINAL PL
0 250 500 750 1,000
Feet
500ft Notification AreaSubject ParcelParcels in 500ft Notification Area
H i l l b i l l y L o tRZ-620175155 Owners Mailing List
±Map prepared July 10, 2017
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Resolution No. 2017-XXX File No.: RZ 620175155
Page 1 November 7, 2017
RESOLUTION 2017-XXX
File No.: RZ 620175155
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY FOR AN AMENDMENT TO THE OFFICIAL
ZONING ATLAS FROM THE AR-1 (AGRICULTURAL, RESIDENTIAL –
1 DU/AC) ZONING DISTRICT TO THE RS-4 (RESIDENTIAL, SINGLE-
FAMILY – 4 DU/AC) ZONING DISTRICT FOR 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. Richard Michalak petitioned for an amendment to the Official Zoning Atlas to
change the zoning from the AR-1 (Agricultural, Residential – 1 du/ac) Zoning
District to the RS-4 (Residential, Single-Family – 4 du/ac) 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. Planning and Development Services staff has performed the required land use
analysis for this application, which can be found in the Planning and
Development Services staff report dated October 19, 2017, entitled Hillbilly Lot
Rezoning.
3. On October 19, 2017, the St. Lucie County Planning and Zoning Commission
held a public hearing on the petition, after publishing notice in the St. Lucie News
Tribune at least 10 days prior to the hearing and notifying by mail all owners of
property within 500 feet of the subject property, recommended that the Board of
County Commissioners approve the amendment to the Official Zoning Atlas from
the AR-1 (Agricultural, Residential – 1 du/ac) Zoning District to the RS-4
(Residential, Single-Family – 4 du/ac) Zoning District.
4. On November 7, 2017, the Board of County Commissioners of St. Lucie County
held a public hearing of which due notice was published in the St. Lucie News
Tribune and notifying by mail all owners of property within 500 feet of the subject
property.
5. The proposed change in zoning satisfies the requirements of Section 11.06.03 of
the St. Lucie County Land Development Code as outlined in the Planning and
Zoning Commission staff report dated October 19, 2017 and is consistent with
the goals, objectives, and policies of the St. Lucie County Comprehensive Plan.
6. The proposed change in zoning is consistent with the existing and proposed uses
in the surrounding area.
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Resolution No. 2017-XXX File No.: RZ 620175155
Page 2 November 7, 2017
7. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as
Exhibit “B” was signed by the applicant on the .
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
A. The proposed amendment to the Official Zoning Atlas from the AR-1
(Agricultural, Residential – 1 du/ac) Zoning District to the RS-4 (Residential,
Single-Family – 4 du/ac) Zoning District for the property owned by Richard
Michalak and described below is hereby approved.
LEGAL DESCRIPTION:
JAY GARDENS-FT PIERCE BLK 6 LOTS 8, 9 AND 10 (0.57 AC) (OR 3785-
1039)
SITE ACERAGE: 0.56 acres (more or less)
PARCEL ID NUMBER: 2311-601-0093-000-4
B. The St. Lucie County Planning and Development Services Director is hereby
authorized and directed to cause the notation of this resolution to be made on the
Official Zoning Atlas of St. Lucie County, Florida, and to make notation of
reference to the date of adoption of this Resolution.
C. This Resolution shall be recorded in the Public Records.
After motion and second, the vote on this Resolution was as follows:
Chris Dzadovsky, Chairman XX
Tod Mowery, Vice-Chairman XX
Commissioner Linda Bartz XX
Commissioner Frannie Hutchinson XX
Commissioner Cathy Townsend XX
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Resolution No. 2017-XXX File No.: RZ 620175155
Page 3 November 7, 2017
PASSED AND DULY ADOPTED this 7th day of November, 2017.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLOIRDA
BY
Chairman
ATTEST: APPROVED AS TO FORM
AND CORRECTNESS:
______________ _____________________
DEPUTY CLERK COUNTY ATTORNEY
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Resolution No. 2017-XXX File No.: RZ 620175155
Page 4 November 7, 2017
Exhibit A
Site Location Map
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Resolution No. 2017-XXX File No.: RZ 620175155
Page 5 November 7, 2017
Exhibit B
Concurrency Deferral Affidavit
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Suggested motions to recommend approval/denial of this request:
MOTION TO APPROVE:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING,
INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING
COMMISSION OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY
BOARD OF COUNTY COMMISSIONERS APPROVE THE PETITION OF RICHARD
MICHALAK, FOR A CHANGE IN ZONING FROM THE AR-1 (AGRICULTURAL,
RESIDENTIAL – 1 DU/ACRE) ZONING DISTRICT TO THE RS-4 (RESIDENTIAL, SINGLE-
FAMILY – 4 DU/ACREL) ZONING DISTRICT BECAUSE . . . .
[CITE REASON(S) WHY - PLEASE BE SPECIFIC]
MOTION TO DENY:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING,
INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING
COMMISSION OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY
BOARD OF COUNTY COMMISSIONERS DENY APPROVAL OF THE PETITION OF
RICHARD MICHALAKZ, FOR A CHANGE IN ZONING FROM THE AR-1 (AGRICULTURAL,
RESIDENTIAL – 1 DU/ACRE) ZONING DISTRICT TO THE RS-4 (RESIDENTIAL, SINGLE-
FAMILY – 4 DU/ACREL) ZONING DISTRICT BECAUSE . . . .
CITE REASON(S) WHY - PLEASE BE SPECIFIC]
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Page 1
E. AR-1 AGRICULTURAL, RESIDENTIAL - 1.
1. Purpose. The purpose of this district is to provide and protect an environment suitable for single-
family dwellings at a maximum density of one (1) dwelling unit per gross acre, together with such
other uses as may be necessary for and compatible with very low density rural residential
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. Family day care homes. (999)
b. 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)
c. Single-family detached dwellings. (999)
3. Lot Size Requirements. Lot size requirements shall be in accordance with Table 1 in Section
7.04.00.
4. Dimensional Regulations. Dimensional requirements shall be in accordance with Table 1 in
Section 7.04.00.
5. Off-Street Parking Requirements. Off-street parking requirements shall be in accordance with
Section 7.06.00.
6. Conditional Uses:
a. Crop services. (072)
b. Family residential homes located within a radius of one thousand (1,000) feet of another
such family residential home. (999)
c. Industrial wastewater disposal. (999)
d. Kennels - completely enclosed. (0752)
e. Landscaping and horticultural services. (078)
f. Retail:
(1) Fruits and vegetables. (543)
g. Riding stables. (7999)
h. Veterinary services. (074)
i. Telecommunication towers - subject to the standards of Section 7.10.23. (999)
7. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, and include
the following:
a. Agriculture (farms and ranches accessory to single-family detached dwelling). (01/02)
b. Animals, subject to the requirements of Section 7.10.03. (999)
c. Guest house subject to the requirements of Section 7.10.04. (999)
d. Mobile home subject to the requirements of Section 7.10.05. (999)
e. Retail and wholesale trade - subordinate to the primary authorized use or activity.
f. Solar energy systems, subject to the requirements of Section 7.10.28.
4.B.g
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Page 2
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Page 1
3.01.03. - Zoning Districts.
J. RS-4 RESIDENTIAL, SINGLE-FAMILY - 4.
1. Purpose. The purpose of this district is to provide and protect an environment suitable for single-
family dwellings at a maximum density of four (4) dwelling units per gross acre, together with such
other uses as may be necessary for and compatible with low density residential 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. Family day care homes. (999)
b. 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)
c. Single-family detached dwellings. (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 Requirements. Off-street parking requirements shall be in accordance with
Section 7.06.00.
6. Conditional Uses:
a. Family residential homes located within a radius of one thousand (1,000) feet of another
such family residential home. (999)
b. Telecommunication towers - subject to the standards of Section 7.10.23. (999)
7. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00.
a. Solar energy systems, subject to the requirements of Section 7.10.28.
4.B.g
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ParcelID CuO1LastName CuO1FirstName CuO2LastName CuO2FirstName CuOStreet1 CuOStreet2 CuOCity CuOState CuOPostal
2311-601-0059-000-4 Goodin Kelly 101 S Cardinal Pl Fort Pierce FL 34945
2311-601-0006-000-8 Hall III Robert G Hall Kayla M 101 S Cardinal PL Fort Pierce FL 34945
2311-601-0086-000-2 Westberry Joseph R Westberry Lesha S 105 S Cardinal Pl Fort Pierce FL 34945
2311-601-0122-000-7 Gorman Properties of SLC LLC 1209 Delaware AVE Fort Pierce FL 34950-4049
2311-601-0096-000-5 Seabean Properties LLC 140 Blue Grotto Dr Fort Pierce FL 34945
2311-211-0001-000-6 NSLRWCD 14666 Orange AVE Fort Pierce FL 34945
2311-601-0123-000-4 Bastek Frank Bastek Mary 18031 Biscayne Blvd Apt 402 N Miami Beach FL 33160
2311-601-0113-000-1 Parker Joseph A Parker Elisa A 202 Laidback WAY Fort Pierce FL 34945-3409
2311-601-0103-000-8 Erickson Ashley 251 Cardinal PL Fort Pierce FL 34945-3406
2311-601-0099-000-6 Lotito Anthony Lotito Diane 28 Orth Ave Passaic NJ 7055
2311-601-0004-000-4 Barajas Mario A 295 Gokchoff Rd Fort Pierce FL 34945
2311-601-0112-000-4 Stephens Randall P Stephens Betty A 298 Laidback Way Fort Pierce FL 34945
2310-141-0003-020-9 Broome David E 350 Dickson DR Fort Pierce FL 34982
2311-601-0093-000-4 Michalak Richard 4275 SE Federal HWY Stuart FL 34997
2311-601-0097-000-2 Peters John L Peters Janice L 7123 Oleander Ave Fort Pierce FL 34952
2311-601-0003-000-7 Barajas Mario A 7405 Penny Ln Fort Pierce FL 34951
2311-601-0054-000-9 Williams Robert V Williams Dana A 8690 Jay Gardens Ln Fort Pierce FL 34945
2311-601-0062-000-8 Williams Robert V Williams Dana A 8690 W Avenue B Fort Pierce FL 34945
2311-602-0002-000-3 Logsdon Tyler D Logsdon Raeann S 8701 Moco LN Fort Pierce FL 34945
2311-601-0052-000-5 Williams Robert V Williams Dana A 8710 Jay Gardens Ln Fort Pierce FL 34945
2311-601-0089-000-3 Sparks Michell R Sparks Shawn C 8711 Jay Gardens Ln Fort Pierce FL 34945
2311-601-0068-000-0 Snyder Kevin 8755 Moco LN Fort Pierce FL 34945-3481
2311-601-0107-000-6 Watts Kevin 8775 Cripple Creek LN Fort Pierce FL 34945
2311-601-0091-000-0 Richards David E 8801 Jay Gardens Ln Fort Pierce FL 34945
2311-601-0109-000-0 Elliott James J 8825 Cripple Creek Ln Fort Pierce FL 34945
2311-601-0001-000-3 Smith Kenneth A Smith Charlie M 8888 Millwood Dr Fort Pierce FL 34945
2310-141-0003-010-6 Zampaio Adalberto Zampaio Laura D 8920 Orange AVE Fort Pierce FL 34945
2310-141-0003-000-3 Hamilton John W 8930 Orange Ave Fort Pierce FL 34945
4.B.h
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Environmental resources
FINAL REPORT
TO: Bethany Grubbs, Planning & Development Services Department
THROUGH: Ben Balcer, Environmental Regulations Manager
Amy Griffin, Environmental Resources Director
FROM: Aimee Cooper, Environmental Planner
DATE: June 29, 2017
SUBJECT: Hillbilly Lot (Jay Gardens) Rezoning
RZ-620175155
Background
The Environmental Resources Department (ERD) is in receipt of the June 19, 2017 date-stamped submittal from
Planning and Development Services. The applicant has requested approval to rezone three (3) lots, all of which are
currently zoned Agricultural, Residential – 1 (AR-1), to Residential, Single-Family – 4 (RS-4), with the intent to
construct a single-family residence. The three (3) lots, totaling 0.57 acres, are adjacent to each other and are located
on Marie Rd. in Jay Gardens Subdivision located just north of Orange Avenue. Presently, the lots contain dense
tree coverage consisting of multiple native trees and invasive Brazilian pepper (Schinus terebinthifolius).
Findings
The proposed rezoning is not anticipated to result in adverse environmental impacts. Environmental impacts for this
subject property will be assessed once a specific site design is submitted. ERD will conduct further review to ensure
compliance with the Land Development Code during the site plan and/or building permit review process.
Recommendation
ERD supports approval of the rezoning. Please contact Aimee Cooper at 772-462-6440 if you have any questions.
4.B.i
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ITEM NO. (ID # 4710)
DATE: 10/19/2017
AGENDA REQUEST *PUBLIC HEARINGS
QUASI-JUDICIAL
BACKGROUND:
This petition is for a request for a change in zoning from IX (Industrial, Extraction) to AG-5 (Agricultural-
1du/5ac) to allow the applicants to develop their property with a single family home and to continue the
agricultural nursery operations of a tree farm consistent with the AG-5 Zoning District. The subject
parcels total 23.2 acres located on the east side of Trowbridge Road, approximately 1,830 feet south of
Orange Avenue.
The subject property is surrounded by AG-5 (Agricultural-5) Zoning District and AG-5 (Agricultural-5)
Future Land Use. The existing uses surrounding the property are large five acres plus parcels with single
family homes and agricultural operations.
Staff has determined that this petition is consistent with the goals, objectives, and policies of the St. Lucie
County Comprehensive Plan and conforms to the standards of review as set forth in Section 11.06.03 of
the St. Lucie County Land Development Code. A full analysis of the standards of review can be found in
the attached memo to the Planning and Zoning Commission, dated October 19, 2017.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends that the proposed change in zoning be forwarded to the Board of County
Commissioners with a recommendation of approval.
COMMISSION ACTION:
TO: St. Lucie County Planning & Zoning Commission
PRESENTED BY: Linda Pendarvis, Planner
SUBMITTED BY: Planning Division
SUBJECT: A-1 Nursery Rezoning from IX (Industrial, Extraction) to AG-5 (Agricultural-
5) Zoning District
4.C
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Updated: 10/13/2017 9:55 AM by Sarah Smith Page 2
Coordination/Signatures
4.C
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Document Date 10/19/2017
Planning & Zoning Commission
Planning Division Agenda Item Summary
Property Owners
Angela M Coney
8303 Fort Walton Avenue
Fort Pierce, FL 34951
Lisa Leatherwood
6305 Drawdy Pkwy
Fort Pierce, FL 34951
File Number
RZ 920175198
Project Location
East side of Trowbridge Road,
1,830 feet south of Orange Avenue
(SR 68)
Future Land Use
AG-5 (Agricultural—1du/5ac)
Zoning
Existing: IX (Industrial, Extraction)
Proposed:AG-5 (Agricultural -
1du/5ac)
Staff’s Recommendation
Forward the petition to the Board
of County Commissioners with a
recommendation for approval.
Project Manager
Linda Pendarvis
Comprehensive Planning Coordi-
nator
(772)462-1562
PendarvisL@stlucieco.org
A-1 Nursery Amendment
to the Official Zoning Atlas from IX to AG-5
Project Description
Angela Coney and Lisa Leatherwood
have requested a change in zoning
from the IX (Industrial, Extraction)
Zoning District to AG-5
(Agricultural—1 du/5ac) Zoning Dis-
trict for a 23.2 acre land area located
on the east side of Trowbridge Road,
1,830 feet south of Orange Avenue.
The purpose of the request is to al-
low a single family homestead and
an agricultural nursery operation.
The only permitted uses allowed un-
der the existing IX Zoning District are
mining and mobile food vendors.
The proposed change in zoning
would convert the parcel back to an
agricultural zoning district which ex-
isted on the parcel prior to a 1989
change in zoning to IX (Industrial,
Extraction). Mining has never oc-
curred on the property.
Currently located on the subject
property is a tree nursery. Other us-
es surrounding the subject parcel
are mixed, including existing and
proposed agricultural, residential
and industrial light uses. The indus-
trial, light uses are located to the
north and accessed from Orange
Avenue.
Notice Requirements
Public hearing notice was placed in
the St. Lucie News Tribune. Letters
were sent to property owners within
500 feet of the subject property, and
a sign placed on the property.
Public Comment Received
None
Hearing Date
10/19/2017
Project Location: Trowbridge Road, 1,830 feet south of Orange Avenue
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Planning and Development Services
Department
M E M O R A N D U M
TO: Planning and Zoning Commission
THROUGH: Leslie Olson, AICP, Director
Bonnie C. Landry, AICP, Planning Manager
FROM: Linda Pendarvis, Comprehensive Planning Coordinator
DATE: October 19, 2017
SUBJECT: A-1 Nursery Amendment to the Official Zoning Atlas
GENERAL INFORMATION:
Property Owners: Angela Coney
8303 Fort Walton Avenue
Fort Pierce, FL 34951
Lisa Leatherwood
6305 Drawdy Pkwy
Fort Pierce, FL 34951
Requested Change in zoning from the IX (Industrial, Extraction) Zoning District to the AG-5 (Agri-
Action: cultural – 1 du/5ac) Zoning District.
Purpose: To allow for the construction of a single family home and the continued agricultural
nursery operation.
Location: 980 Trowbridge Road
1,830 feet south of Orange Avenue on the east side of Trowbridge Road.
Tax ID: 2212-800-0006-000/5 & 2212-800-0007-000/2
Size: 23.2 acres
Fire/EMS Station # 11 (3501 Shinn Rd.) is located approximately 3.5 miles to the southeast.
Protection:
Utility Service: On-site well and septic system.
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A-1 Nursery
RZ 920175198
October 19, 2017
Page 2
TRANSPORTATION IMPACTS
Right –of-way
Adequacy: Trowbridge Road is a County owned 60 foot wide road right-of-way
improved with millings.
SCHEDULED
IMPROVEMENTS: None.
TYPE OF CONCURRENCY
DOCUMENT REQUIRED: Concurrency Deferral Affidavit
Existing Conditions:
View to the south of the petition property from Trowbridge Road
Existing Land Use and Zoning:
Future Land Use Zoning Existing Land Use
AG-5 (Agricultural – 1 unit per 5 acres) IX (Industrial, Extraction) Plant Nursery – Tree Farm
Surrounding Land Use and Zoning:
Future Land Use Zoning Existing Land Use
North AG-5 (Agricultural – 1
unit per 5 acres)
AG-5 (Agricultural – 1 unit
per 5 acres)
Grazing – Pasture lands
South AG-5 (Agricultural – 1
unit per 5 acres)
AG-5 (Agricultural – 1 unit
per 5 acres)
Single Family Residence
East AG-5 (Agricultural – 1
unit per 5 acres)
AG-5 (Agricultural – 1 unit
per 5 acres)
Grazing - Pasture lands
West AG-5 (Agricultural – 1
unit per 5 acres)
AG-5 (Agricultural – 1 unit
per 5 acres)
Grazing - Pasture lands
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A-1 Nursery
RZ 920175198
October 19, 2017
Page 3
BACKGROUND INFORMATION:
Previous actions related to this petition:
February 28, 1989 – Resolution 89-55 rezoned a 34 acre tract from AG-1 to IX (Industrial, Extraction)
that included the subject lands.
1993 – Orange Avenue AG Park Plat was approved that included the five parcels along Orange
Avenue Zoned IL and 3 lots along Trowbridge zoned IX, including the subject parcel.
January 7, 2014 – Resolution 2014-3 rezoned the 11.6 acre tract located to the north of the subject
lands from IX to AG-5 that was included within the 1989 rezoning.
**********************************************
STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03,
ST. LUCIE COUNTY LAND DEVELOPMENT CODE
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:
1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie
County Land Development Code;
The proposed AG-5 (Agricultural – 1du/5ac) Zoning District is consistent with the St. Lucie County Land
Development Code (LDC) and has met the standards of review for changes to the Official Zoning Atlas
set forth in Section 11.06.03 of the County’s Land Development Code. The proposed rezoning is
consistent with Section 11.09.02(A), Table 11-1 Land Use Category/Zoning District compatibility chart,
and the site meets the dimensional requirements set forth in Section 7.04.00 and Table 7-10 for the AG-
5 Zoning District.
The proposed rezoning from AG-5 to IX applies to Lot 6 and Lot 7 of the Orange Avenue AG Park
subdivision that consists of 23.2 acres. The applicants are seeking a change in zoning to allow for the
construction of a residential home. The only permitted uses in the parcel’s existing IX Zoning are mining
operations and mobile food vendors. The proposed agricultural zoning district is found on several parcels
in the area and will allow the proposed single family homestead and the continued operation of the tree
farm nursery.
2. Whether the proposed amendment is consistent with all elements of the St. Lucie County
Comprehensive Plan;
The proposed change in zoning is consistent with the St. Lucie county Comprehensive Plan. The Future
Land Use Element’s Land Use Compatibility Chart allows AG-5 Zoning within the subject property’s AG-
5 (Agricultural – 1du/5ac) Future Land Use Designation. The AG-5 Land Use Designation is intended for
areas outside the Urban Service Area.
The proposed amendment is consistent with Comprehensive Plan Future Land Use Element’s Goals,
Objectives and Policies for properties located outside the Urban Service Area which establishes
agriculture as the primary use with an existing tree farm.
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A-1 Nursery
RZ 920175198
October 19, 2017
Page 4
Objective 1.1.1: Maintain the Future Land Use Map land with the following use designations
to portray the future development patterns of St. Lucie County.
The Agricultural – 5 land use category allows for a maximum residential density of 0.20 du/ac.
The applicant is proposing 1 dwelling unit on a 11 plus acre parcel with a density of 0.5
dwelling unit per five acres.
Table 1-3 Land Use Designation/Zoning Compatibility Matrix
The Agricultural – 5 zoning district is compatible with the Agricultural – 5 future land use.
3. Whether and the extent to which the proposed zoning is inconsistent with the existing and
proposed land uses;
The proposed AG-5 (Agricultural – 1du/5ac) Zoning District is consistent with the existing and proposed
agricultural uses surrounding the parcels. The proposed zoning maintains the viability of continued
agricultural uses on adjacent lands.
4. Whether there have been changed conditions that require an amendment;
There have been no changes that require the proposed amendment.
5. Whether and the extent to which the proposed amendment would result in demands on public
facilities, and whether or to the extent to which the proposed amendment would exceed the
capacity of such public facilities, including but not limited to transportation facilities, sewage
facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency
medical facilities;
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.
The proposed AG-5 Zoning District represents a less intense zoning district with fewer potential impacts
on public infrastructure than the existing IX Zoning District.
Water and Wastewater
The subject property would be served by an on-site well and septic system.
Transportation System
The petition site has frontage on two public road rights-of-way, Trowbridge Road, a 60-foot County right-
of-way improved with millings and Godfrey Road. Access to the site is from Trowbridge Road. Land uses
permitted in the proposed AG-5 Zoning District are expected to generate fewer trips than the existing IX
Zoning District.
6. Whether and the extent to which the proposed amendment would result in significant adverse
impacts on the natural environment;
The change in zoning is not expected to result in significant adverse impacts on the natural environment.
The Environmental Resources Department staff will conduct further review to ensure compliance with the
Land Development Code during the building permit review process.
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A-1 Nursery
RZ 920175198
October 19, 2017
Page 5
7. 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 is expected to result in an orderly and logical development pattern. The
proposed parcel is located within a rural area with existing agricultural uses surrounding the parcel, except
for the IL zoned parcels along Orange Avenue.
8. 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
In considering a change in zoning, all uses within the proposed zoning district that are permitted by right
may be located on the property. Attached is a copy of Section 3.01.03(V) – IX (Industrial, Extraction), of
the St. Lucie County Land Development Code, which sets forth the permitted, accessory, and conditional
uses allowed in this zoning district. If a change in zoning is approved, the applicant, by right, would be
allowed to establish any of the uses under the Permitted Uses section. Any use under the Accessory
Uses section would be allowed only if one or more of the permitted uses exist on the subject property.
Any use under the Conditional Uses section could only be allowed if it receives approval through the
Board of County Commissioners.
RECOMMENDATION
Staff recommends that the Planning and Zoning Commission forward a recommendation of approval to
the Board of County Commissioners.
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A-1 Nursery
RZ 920175198
October 19, 2017
Page 6
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 ANGELA CONEY AND LISA LEATHERWOOD FOR A
CHANGE IN ZONING FROM THE IX (INDUSTRIAL, EXTRACTION) ZONING DISTRICT TO THE AG-5
(AGRICULTURAL – 1 UNIT PER 5 ACRES) 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 ANGELA CONEY AND LISA LEATHERWOOD FOR A CHANGE IN ZONING
FROM THE IX (INDUSTRIAL, EXTRACTION) ZONING DISTRICT TO THE AG-5 (AGRICULTURAL – 1 UNIT
PER 5 ACRES) ZONING DISTRICT, BECAUSE.....
[CITE REASON WHY - PLEASE BE SPECIFIC].
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6330
A
STATE OF
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6330
A
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4.C.d
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November 7, 2017 Resolution No.
Page 1 RZ 920175198
RESOLUTION
File No.: RZ 920175198
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY GRANTING A CHANGE IN ZONING FROM THE IX
(INDUSTRIAL, EXTRACTION) ZONING DISTRICT TO THE AG-5
(AGRICULTURAL – 1DU/5AC) ZONING DISTRICT FOR A PARCEL
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. Angela Coney and Lisa Leatherwood have requested 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 for an 23.2
acre parcel, located approximately 1,830 feet south of Orange Avenue as
depicted on the attached map and described below.
2. On October 19, 2017, 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
deny/approve the change in zoning from the IX (Industrial, Extraction) Zoning
District to the AG-5 (Agricultural – 1 du/5ac) Zoning District.
3. On November 7, 2017, 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.
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November 7, 2017 Resolution No.
Page 2 RZ 920175198
6. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution, was
signed by the applicant on XXX, 2017.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
A. The proposed amendment to the Official Zoning Atlas from the IX (Industrial,
Extraction) Zoning District to the AG-5 (Agricultural – 1 du/5ac) Zoning District
for that property depicted on the attached map and described below is
approved/denied.
Legal Description:
LOTS 6 and 7, ORANGE AVENUE AG PARK, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 33, PAGES 11 THROUGH
11B, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
Location: Trowbridge Road, approximately 1,830 feet south of Orange
Avenue.
Parcel ID: 2212-800-0006-000/5 and 2212-800-0007-000/2
B. The Planning and Development Services Director is hereby authorized and
directed to cause the change to be made on the Official Zoning Map of St. Lucie
County, Florida, and to make notation of 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.
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November 7, 2017 Resolution No.
Page 3 RZ 920175198
After motion and second, the vote on this resolution was as follows:
Chris Dzadovsky, Chairman XXX
Tod Mowery, Vice-Chair XXX
Commissioner Linda Bartz XXX
Commissioner Frannie Hutchinson XXX
Commissioner Cathy Townsend XXX
PASSED AND DULY ADOPTED This 7th Day of November, 2017.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY _________________________
Chairman
ATTEST: APPROVED AS TO FORM
AND CORRECTNESS:
__________________________ _________________________
Deputy Clerk County Attorney
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November 7, 2017 Resolution No.
Page 4 RZ 920175198
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November 7, 2017 Resolution No.
Page 5 RZ 920175198
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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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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)
4.C.h
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(2) Food and kindred products. (20)
(3) Lumber and wood products, except furniture. (24)
i. Mining and quarrying of nonmetallic minerals, except fuels. (14)
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)
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)
4.C.h
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Date Mailed October 5, 2017
Planning and Development Services Department 772.462. 2822
Property Owners
Angela M. Coney
8303 Fort Walton Avenue
Fort Pierce, FL 34951
Lisa Leatherwood
6305 Drawdy Pkwy
Fort Pierce, FL 34951
Project Location
East side of Trowbridge Road, approxi-
mately 1,830 feet south of Orange
Avenue.
Future Land Use
AG-5 (Agricultural—1du/5ac)
Existing Zoning
IX (Industrial, Extraction)
Proposed Zoning
AG-5 (Agricultural—1du/5ac)
Staff’s Recommendation
Forward this petition to the Board of
County Commissioners with a recom-
mendation for approval.
Staff Linda Pendarvis
Tel 772-462-1562
Email Pendarvisl@stlucieco.org
Mail 2300 Virginia Avenue
Fort Pierce, FL 34982
Public Hearing Notice
Thursday, October 19, 2017
Notice of Proposed Amendment to the Official Zoning
Atlas for A-1 Nursery
File No. RZ-620175141
Project Description
The petitioners have requested a change
in zoning from the IX Zoning District to
the AG-5 Zoning District for property land
area consists of 23.2 acres on Trow-
bridge Road. The purpose of the request
is to allow single family homestead and
agricultural nursery. The only permitted
uses in the existing IX Zoning District are
mining and mobile food vendors.
The change in zoning would convert the
parcel back to an agricultural zoning dis-
trict which existed on the parcel prior to a
1989 change in zoning to IX for a mining
operation. Mining has never occurred on
the parcel.
Further details are available in the
Planning and Development Services
Department—please contact:
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. You may
also mail or email written comments
regarding this proceeding in advance of
the public hearing for inclusion in the
official record. Written comments to the
Planning and Zoning Commission
should be received by the Planning and
Development Services Department—
Planning Division at least 3 days prior to
the scheduled hearing.
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
Location:
BOCC Chambers
SLC Administration Annex,
2300 Virginia Avenue,
Fort Pierce, FL 34982
«CuO1FirstName»«CuO2FirstName»
«CuO1LastName» «CuO2LastName»
«CuOStreet1»
«CuOCity», «CuOState» «CuOPost-
al»
Meeting Time:
6:00 PM (or soon thereafter )
PLANNING AND ZONING COMMISSION
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1
ParcelID CuO1LastName CuO1FirstName CuO2LastName CuO2FirstName CuOStreet1 CuOStreet2 CuOCity CuOState CuOPostal
2212-431-0001-000-8 Bright Brown Inc 1010 S 11th St Fort Pierce FL 34950
2212-800-0001-000-0 Jacobs Michael 6100 Colonial DR Margate FL 33063-5656
2212-800-0005-000-8 Keeney Robert W Keeney Kimberly A 6904 Plumosa Ln Fort Pierce FL 34951
2213-502-0002-000-5 Knupp Deborah J 5181 SE Meadow Springs BLVD Stuart FL 34997
2212-800-0007-000-2 Leatherwood Lisa M 6305 Drawdy PKWY Fort Pierce FL 34951-1301
2213-211-0001-000-5 Martin John W 3922 SW 88th St Gainesville FL 32608
2213-503-0002-000-8 McKelvey David F McKelvey Joan 1101 Trowbridge Rd Fort Pierce FL 34945
2307-333-0001-000-8 Miller Elizabeth S 960 Godfrey Rd Fort Pierce FL 34945
2212-111-0002-000-2 NSLRWCD 14666 Orange Ave Fort Pierce FL 34945
2212-800-0002-000-7 Oakley Groves Inc 101 ABC Rd Lake Wales FL 33859
2213-503-0001-000-1 Rivera Mario R Finale Libia P 1840 NW South River Dr Miami FL 33125
2307-333-0002-000-5 Rongrace LLC 3431 NE 17th Terr Fort Lauderdale FL 33334
2213-502-0001-000-8 Sims Sr Terry S Sims Phyllis 1000 Trowbridge Rd Fort Pierce FL 34945
2212-411-0002-000-3 Thompson Brian 15601 Orange Ave Fort Pierce FL 34945
2212-800-0004-000-1 Trustees Of Laborers SETraining Fund 1724 Roadhaven Dr Stone Mountain GA 30083
2212-800-0003-000-4 Wymer Richard D 6675 NE 224th St Okeechobee FL 34972
Applicant Coney Angela M 8303 Fort Walton AVE Fort Pierce FL 34951-1397
owners mailing list
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Environmental resources
Final report
TO: Linda Pendarvis, Zoning and Permitting Supervisor
THROUGH: Amy Griffin, Environmental Resources Director
Ben Balcer, Environmental Regulations Manager
FROM: Aimee Cooper, Environmental Planner
DATE: September 21, 2017
SUBJECT: A-1 Nursery
RZ-920175198
Background
The Environmental Resources Department (ERD) is in receipt of the September 19, 2017 date-stamped submittal
from Planning and Development Services. The applicant is requesting a rezoning of two (2) parcels, known as A-1
Nursery, located on 980 Trowbridge Rd. in Ft. Pierce. The 11.62-acre northern parcel and 11.63-acre southern
parcel are presently zoned Industrial Extraction (IX) with future land use as Agricultural-5 (AG-5). The applicant
proposes to rezone both parcels to AG-5, which would be consistent with the surrounding properties, for the purpose
of constructing a single-family residence.
Findings
The proposed rezoning is not anticipated to result in any adverse environmental impacts. This submittal does not
propose any new construction activities, and consequently, no environmental impacts are anticipated by this
adjustment. If site development activities are proposed, the ERD will conduct further review through the site plan
or building permit review process.
Recommendation
ERD supports the approval of this rezoning application. Please contact Aimee Cooper at 772-462-6440 if you have
any questions.
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