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HomeMy WebLinkAboutAgenda Packet 03.17.2016 Generated 3/14/2016 2:36 PM PLANNING & ZONING COMMISSION AGENDA ST. LUCIE COUNTY P & Z Regular Meeting Thursday, March 17, 2016 6:00 PM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS Chair STEPHANIE MORGAN Board Member EDWARD LOUNDS Board Member CATHY TOWNSEND Board Member CHARLES GRANDE At-Large Board Member JAMES TAYLOR Vice Chair BOBBY HOPKINS At-Large Board Member JAMES CLASBY Board Member WILLIAM SMITH At-Large Board Member ROBERT LOWE Ex-Officio Board Member MARTY SANDERS P & Z Regular Meeting Thursday, March 17, 2016 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, March 17, 2016 6:00 PM 3 | P a g e 1. CALL TO ORDER A. Pledge of Allegiance B. Roll Call C. Announcements D. Disclosure(s) 2. MINUTES A. St. Lucie County Planning & Zoning Commission minutes for the meeting of Thursday, February 18, 2016 3. PUBLIC COMMENT 4. PUBLIC HEARINGS A. Resolution Granting a Change in Zoning from the IL (Industrial, Light) Zoning District to the I (Institutional) Zoning District Staff recommends that the Planning and Zoning Commission forward a recommendation of denial to the Board of County Commissioners. B. Resolution Granting a Conditional Use Permit for a Drug and Alcohol Rehabilitation Center in I (Institutional) Zoning Staff recommends that the Planning and Zoning Commission forward a recommendation of denial to the Board of County Commissioners. C. Stop Gap Ordinance - Commercial Composting Facilities Staff recommends the Planning and Zoning Commission forward a recommendation of approval to the Board of County Commissioners. 5. WORKSHOPS A. There are no items scheduled. 6. OTHER BUSINESS A. There are no scheduled items. P & Z Regular Meeting Thursday, March 17, 2016 6:00 PM 4 | P a g e 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 3/8/2016 7:56 AM ST. LUCIE COUNTY PLANNING & ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA P & Z Regular Meeting February 18, 2016 Convened: 6:00 PM Adjourned: 6:33 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by Chair Stephanie Morgan A. Pledge of Allegiance All stood for the Pledge of Allegiance Attendee Name Title Status Arrived Stephanie Morgan Chair Present Bobby Hopkins Vice Chair Absent Edward Lounds Board Member Present James Clasby At-Large Board Member Present Cathy Townsend Board Member Present William Smith Board Member Present Charles Grande Board Member Present Robert Lowe At-Large Board Member Present James Taylor At-Large Board Member Absent Marty Sanders Ex-Officio Board Member Absent C. Announcements Heather Young, Assistant County Attorney introduced the new Planning Manager, Bonnie Landry. D. Disclosure(s) None 2.A Packet Pg. 5 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 1 8 , 2 0 1 6 6 : 0 0 P M ( M I N U T E S ) P & Z Regular Meeting Thursday, February 18, 2016 6:00 PM 2 | P a g e 2. MINUTES A. St. Lucie County Planning & Zoning Commission minutes for the meeting of Thursday, January 21, 2016 RESULT: ACCEPTED [UNANIMOUS] MOVER: Edward Lounds, Board Member SECONDER: Robert Lowe, At-Large Board Member AYES: Morgan, Lounds, Clasby, Townsend, Smith, Grande, Lowe ABSENT: Bobby Hopkins, James Taylor 3. PUBLIC COMMENT None 4. PUBLIC HEARINGS A. Ordinance - Amending the Number of Animals Permitted in Residential Zoning Districts Heather Young, Assistant County Attorney stated subsection 7.10.03.A of the land Development Code currently limits the number of dogs and cats over the age of months in residentially zones districts to a total of three animals. The Animal Shelter Standards Committee which is composed of representatives from Public Safety, the Sheriff's agricultural Unit, the animal control division from both Ft. Pierce and Port St. Lucie as well as a local veterinarian who works in a local veterinarian a veterinary emergency room hospital is recommending that this number be increased to five. There was actual participation from shelters such as Dogs & Cats Forever, the Humane Society, Rescue Adoption. Based upon the professional experience of its members, the committee determined this is a more realistic number for responsible pet owners. This amendment to the Land Development Code would be consistent with the ordinances of the City of Fort Pierce and the City of Port St. Lucie. On January 26, 2016, the Board of County Commissioners granted permission to advertise the proposed ordinance for public hearing. Staff recommends that the Planning and Zoning Commission forward the proposed ordinance to the Board of County Commissioners with a recommendation of approval. The Commission discussed this ordinance in detail. There needed to be more clarification regarding household pets and working animals (dogs), western properties, size of property and other issues. It was recommended to be continued to the P & Z meeting on April 21, 2016. Public Hearing open No one spoke Public Hearing closed Mr. Grande motioned to continue this agenda item to April 21, 2016. Mr. Clasby seconded the motion. The roll was called with a unanimous vote to continue. 2.A Packet Pg. 6 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 1 8 , 2 0 1 6 6 : 0 0 P M ( M I N U T E S ) P & Z Regular Meeting Thursday, February 18, 2016 6:00 PM 3 | P a g e RESULT: CONTINUED B. Ordinance - Affecting the use of land in St. Lucie County, Florida, relating to Signs. Bonnie Landry, Planning Manager stated prior to this public hearing, the proposed changes to the sign regulations were workshopped at the January 21st Planning & Zoning Commission meeting to provide an opportunity for the Planning & Zoning Commission and any interested parties from the public to review, consider and make suggestions regarding the proposed amendments to the sign regulations in Chapter 9 of the and Land Development Code. As a follow-up and based on the input from the commission, staff forwarded the draft sign code revisions to the St. Lucie County Chamber of Commerce, the Economic Development Council and staffs of City of Ft. Pierce and Port St. Lucie for their input. The catalyst for the proposed amendments is the June 15, 2015 U.S. Supreme Court decision that impacts the viability of many sign ordinances throughout the country. St. Lucie County is amending this section of its Land Development Regulations primarily to ensure consistency with this new case law. The sign categories being altered are related to temporary signs and are the result of legal guidance. Staff recommends the Planning & Zoning Commission forward the proposed ordinance to the Board of County Commissioners with recommendation of approval. Chair Morgan made a disclosure that she emailed the packet after the workshop to the St. Lucie County Chamber and they found no issues. Mr. Clasby made a disclosure that he spoke with a local sign shop owner. The Board discussed the inconsistencies and reaching out to local sign shop owners for input; not being consistent with Ft. Pierce and Port St. Lucie; the billboards on I-95-Turnpike-Kings Highway; temporary signs vs permanent signs; typo found in the packet; the Supreme Court ruling compliance. Public Hearing open No one spoke Public Hearing close RESULT: APPROVED [6 TO 1] MOVER: Charles Grande, Board Member SECONDER: Cathy Townsend, Board Member AYES: Morgan, Lounds, Townsend, Smith, Grande, Lowe NAYS: James Clasby ABSENT: Bobby Hopkins, James Taylor 5. WORKSHOPS A. There are no scheduled items. 6. OTHER BUSINESS A. There are no scheduled items. 2.A Packet Pg. 7 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 1 8 , 2 0 1 6 6 : 0 0 P M ( M I N U T E S ) P & Z Regular Meeting Thursday, February 18, 2016 6:00 PM 4 | P a g e 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. 2.A Packet Pg. 8 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 1 8 , 2 0 1 6 6 : 0 0 P M ( M I N U T E S ) ITEM NO. (ID # 3392) DATE: 03/17/2016 AGENDA REQUEST * QUASI-JUDICIAL BACKGROUND: This item is a request for a change in zoning from the IL (Industrial, Light) Zoning District to the I (Institutional) Zoning District for a 1.93 acre parcel located within the Kings Highway Industrial Park, 130 feet west of the park's entrance on Kings Highway. The proposed change in zoning is the first step in the establishment of a drug and alcohol rehabilitation center. An application for conditional use approval has also been submitted and will be considered at the same public hearing following this item. Institutional Zoning is required to allow for the approval of the requested conditional use permit. The subject parcel is developed with a 14,446 square foot building located within the Kings Highway Industrial Park, an established 120+ acre subdivision for industrial, light land uses provided with Fort Pierce Utilities Authority water and wastewater service and a master stormwater system. The existing building was construction in 2000 for a tax software development business that maintained a County business tax receipt until 2012. The entire subdivision is designated a Foreign Trade Zone, and the existing zoning is consistent with and furthers several economic development polices found in the Economic Element of the St. Lucie County Comprehensive Plan. The designation of Institutional Zoning is reviewed on a case by case basis so the suitability of the district in a particular location can be considered. The requested change in zoning would result in the conversion of developed industrial lands to a zoning district that allows many residential care facilities as permitted uses, including congregate care facilities, foster homes, group care homes and children care facilities. If approved, Institutional Zoning will allow residential uses and public and quasi-public uses within the existing industrial park and designated Foreign Trade Zone. The applicant held meeting with the neighborhood at the project site on March 9, 2016. The results of that meeting are discussed in the background section of the conditional use permit. Staff has determined that based upon the institutional uses incompatibility with the surrounding land uses and conflict with the cited directives of the Comprehensive Plan the Standards of Review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code have not been met. PREVIOUS ACTION: TO: St. Lucie County Planning & Zoning Commission PRESENTED BY: Diana Waite, Senior Planner SUBMITTED BY: Planning Division SUBJECT: Resolution Granting a Change in Zoning from the IL (Industrial, Light) Zoning District to the I (Institutional) Zoning District 4.A Packet Pg. 9 Updated: 3/14/2016 8:48 AM by Diana Waite Page 2 None FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Planning and Zoning Commission forward a recommendation of denial to the Board of County Commissioners. COMMISSION ACTION: Coordination/Signatures 4.A Packet Pg. 10 Document Date 3/5/2016 Planning & Zoning Commission Planning Division Agenda Item Summary Applicant NDW Holdings, LLC Nathan Kakon 2500 N. Federal Highway, Ste 103 Fort Lauderdale, FL 33305 File Number CU 1020154941 Project Location 7305 Commercial Circle, 130 feet west of Kings Highway Future Land Use TVC (Towns, Villages and Coun- tryside) Zoning Existing: IL (Industrial, Light) Proposed: I (Institutional) Staff Recommendation Forward this petition to the Board of County Commissioners with a recommendation of denial. Project Manager Diana Waite, AICP Senior Planner 772.462.1577 waited@stlucieco.org AGENDA ITEM No. NDW Holdings, LLC for a Conditional Use Permit for a Drug and Alcohol Rehabilitation Center Project Description This request is to allow for the estab- lishment of a drug and alcohol reha- bilitation center, upon approval of the associated application for a change in zoning to Institutional. The appli- cant is proposing a 60 bed inpatient medical detox facility for the treat- ment of drug and alcohol addictions. The patients would receive treatment for 5 to 7 days with medical staff on- site 24 hours a day. The subject parcel contains 1.93 acres with a 14,776 square foot building originally constructed for a software development center. Ac- cess to the site is from Commercial Circle, approximately 130 feet south of West Kings Highway. The parcel is located within the Kings Highway Industrial Park. 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. Public Comment Received None Hearing Date 3/17/2016 Project Location: 7305 Commercial Circle, 130 feet west of Kings Hwy. 4.A.a Packet Pg. 11 At t a c h m e n t 4 . A . a : A g e n d a S u m m a r y ( 3 3 9 2 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n R e z o n i n g ) Planning and Development Services Department Planning Division M E M O R A N D U M TO: Planning and Zoning Commission THROUGH: Leslie Olson, AICP, Planning & Development Services Director Bonnie C. Landry, AICP, Planning Manager FROM: Diana Waite, AICP, Senior Planner DATE: March 17, 2016 SUBJECT: Petition of NDW Holdings, LLC for a Change in Zoning from IL(Industrial, Light) to I (Institutional) for property located at 7305 Commercial Circle. Location: 7305 Commercial Circle, 130 feet west of Kings Highway Parcel Number: 1335-801-0003-0002 Parcel Size: 1.93 acres Future Land Use Designation: TVC (Towns, Villages and Countryside) Existing Zoning: IL (Industrial, Light) Proposed Zoning: I (Institutional) Concurrent Application: Conditional use application for a drug and alcohol detox rehabilitation center. Utility Service: FPUA currently provides water and wastewater service. Fire/EMS Protection: Station #4 (St. Lucie Airport) is located approximately 3 miles to the northeast. Transportation Impacts: Right-of-way Adequacy: Commercial Circle is a County owned and maintained road with a 60 foot right-of-way along the parcels frontage. No additional right-of- way is required. 4.A.b Packet Pg. 12 At t a c h m e n t 4 . A . b : S t a f f R e p o r t ( 3 3 9 2 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n R e z o n i n g ) Planning and Zoning Commission RZ 520154943 March 17, 2016 Page 2 Type of Concurrency Document Required: Concurrency Deferral Affidavit Surrounding Land Use and Zoning: Front of Building South View - Al’s Family Farm North View - Pressure Pro Building view from the Red Barn Grill driveway Location Future Land Use Zoning Existing Land Use Adjacent Parcels North TVC (Towns, Villages and Countryside) IL (Industrial) Pressure Pro warehouse 32,602 sf building area South COM (Commercial) CG (Commercial, General) Al’s Family Farm citrus processing, sales and restaurant 15,496 sf building East TVC(Towns, Villages, and Countryside) IL (Industrial) Red Barn Grill, parking and playground associated with Al’s Family Farm West TVC (Towns, Villages and Countryside) IL (Industrial) AAA Cooper Transportation, 16,500 sf distribution facility 4.A.b Packet Pg. 13 At t a c h m e n t 4 . A . b : S t a f f R e p o r t ( 3 3 9 2 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n R e z o n i n g ) Planning and Zoning Commission RZ 520154943 March 17, 2016 Page 3 Background/Summary: Previous actions related to the petition site: August 3, 2007 - August 17, 2012 Universal Tax Systems Inc. tax software developers operated at the facility. May 30, 2006 - Ordinance 16-017 adopted the Land Development Code, TVC Overlay Zone Section 4.04.00 to guide development within the special district. May 16, 2006 - Ordinance 06-019 - Future Land Use adopting the TVC (Towns, Villages and Countryside) amendments changing the project lands from IND (Industrial) to TVC. March 22, 2001 - October 25, 2007 - ATX Forms office for tax software developers operated at the facility. April 17, 2000 - CD Order 00-005 granted minor site plan approval to ATX Forms for development of a 14,447 square foot building on the subject 1.93 acre tract. May 4, 1988 – Kings Highway Industrial Park Unit One was platted creating the subject lots. *************************************** 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: A. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed Institutional Zoning District may be requested under the parcel’s TVC Future Land Use designation as shown in Section 11.09.02(A), Table 11-1 Land Use Category/Zoning District compatibility chart. Prior to approval the Board must make a determination the petition is consistent with the Standards of Review as set forth in Land Development Code Section 11.06.03. Staff has determined that the requested change in zoning is in conflict with the required standards of review for changes to the Official Zoning Atlas. Specific findings related to compliance with these standards are discussed below. A change to Institutional Zoning is typically only considered by application so the suitability of the zoning district for a particular location may be reviewed and considered prior to its approval. The list of permitted uses within Institutional Zoning are limited to residential facilities and other public or quasi-public uses that can be compatible with residential designated areas, including religious facilities, parks, police and fire protection. The residential type permitted uses are not considered compatible with the surrounding industrial uses. Institutional Zoning also includes a wide variety of conditional uses that may be requested and are reviewed on a case by case basis. This proposed change is zoning is required for the 4.A.b Packet Pg. 14 At t a c h m e n t 4 . A . b : S t a f f R e p o r t ( 3 3 9 2 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n R e z o n i n g ) Planning and Zoning Commission RZ 520154943 March 17, 2016 Page 4 Board’s consideration of a concurrent application for a conditional use permit to allow for the establishment of a Drug and Alcohol Rehabilitation Center. B. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The Land Use Designation/Zoning Compatibility Matrix indicates that Institutional Zoning may be located with the parcels TVC future land use map designation, upon review and approval by the Board of County Commissioners. Institutional Zoning is reviewed on a case by case basis so the suitability of the district in a particular location can be considered. This rezoning would provide for the conversion of industrial lands to a zoning district with permitted residential care uses that are not compatible with industrial zoning nor the surrounding industrial property. Maintaining the existing industrial zoning is supported by several Comprehensive Plan directives and the proposed rezoning to an institutional district would be in conflict with the following:  FLU Policy 1.1.8.10 - Encourage the use of existing commercial and industrial designated lands within the urban service area, through requiring a strict demonstration of service availability, before authorizing Land Use and Zoning amendments in areas not presently indicated as having such a designation. The proposed change in zoning would convert industrial zoned and developed lands to a non-industrial use within a platted industrial subdivision with adequate public facilities. This may result in redirecting future industrial uses to less suitable areas.  FLU Objective 1.1.11: St. Lucie County shall continue to work with the interested groups and agencies to increase and broaden the County’s economic base while expanding existing business and industrial opportunities. The proposed change in zoning may hinder expansion of existing industrial uses and deter new development in one of the unincorporated County’s established industrial parks.  Economic Development Policy 10.2.1.7 - Assist in the promotion, development and implementation of Foreign Trade Zone services in St. Lucie County. In furtherance of this objective the County has designated the Kings Highway Industrial Park as a Foreign Trade Zone (FTZ). The Comprehensive Plan describes the FTZs as secure industrial parks and specialized warehouses considered to be outside of the US Customs territory, typically located close to a port of entry. Approval of the change in zoning would remove industrially zoned lands from the foreign trade zone inventory and may adversely affect existing businesses within the park or redirect future businesses to alternative locations.  FLU Policy 1.1.15.5 The Airport Overlay Zone shall prohibit incompatible uses such as homes, schools, nursing homes, hospitals, and libraries according to the Federal Aviation Administration (FAA) Land Use Compatibility and Airports, a Guide for Efficient Land Use Planning and those uses that create electrical interference …. Institutional zoning would allow the refereced prohibited incompatible uses in the above 4.A.b Packet Pg. 15 At t a c h m e n t 4 . A . b : S t a f f R e p o r t ( 3 3 9 2 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n R e z o n i n g ) Planning and Zoning Commission RZ 520154943 March 17, 2016 Page 5 policy wihtin an industrial site located within the Airport Overlay Zone. The subject site and surrounding industrial zoned lands are located within the Kings Highway Industrial Park, a platted subdivision provided with public water and wastewater service in close proximity to regional transportation corridors. The Kings Highway Industrial Park is designated a Foreign Trade Zone based upon the subdivision’s industrial purpose. St. Lucie County has the only Foreign Trade Zones on the Treasure Coast. C. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The requested Institutional Zoning District is inconsistent with the existing and proposed industrial land uses adjacent to the property. Industrial, Light Zoning is found on all 145 platted lots within the Kings Highway Industrial Park in which the subject development is located. The 120+ acre industrial park is served with Fort Pierce Utilities Authority water and wastewater and developed with a master stormwater system within a Foreign Trade Zone. A change in zoning to Insitutional would allow non-industrial uses that are inconsistent with the the subdivison’s purpose and incompatible with the park’s existing zoning and Foreign Trade Zone designation. D. Whether there have been changed conditions that require an amendment; There have been no changes in conditions that would require the amendment. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The proposed request is not expected to result in excess demands on public facilities. The applicant has signed a Concurrency Deferral Affidavit that defers compliance until a later date. Drainage The subject parcel is located with the Kings Highway Industrial Park that is served by a master drainage system. All parcels in the park have a drainage easement including the subject parcel that has a 30 foot drainage easement at the rear of the site. The park is within the Fort Pierce Farms Water Control District and has an outfall to the adjacent C-25 Canal. Water and Wastewater Facilities Fort Pierce Utilities Authority provides water and wastewater service to the developed site. Transportation Facilities Commerce Center Drive has an existing 60 foot wide road right-of-way at the project location. A transportation summary is provided as part of the concurrent conditional use permit application. No additional demands are created by the approval of the proposed change in zoning. 4.A.b Packet Pg. 16 At t a c h m e n t 4 . A . b : S t a f f R e p o r t ( 3 3 9 2 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n R e z o n i n g ) Planning and Zoning Commission RZ 520154943 March 17, 2016 Page 6 F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed rezoning is not anticipated to result in adverse environmental impacts. G. Whether and the extent to which the proposed amendment would adversely affect the property values in the area; Incompatible land uses can negatively affect property values. H. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; The proposed amendment would not result in an orderly and logical development pattern. The proposed I Zoning District is proposed for an existing development site surrounded by Industrial, Light Zoning and land uses within an established industrial park designated as a Foreign Trade Zone. The existing and proposed zoning districts operate under different noise ordinance levels which may cause conflicts between the uses. The County’s noise control ordinance (Code of Ordinances Section 1-13-8) regulates the level of noise by land use, with industrial being the highest decibel level allowed and residential having the lowest level. The ordinance would continue to allow the existing industrial uses to operate at the industrial decibel levels established prior to locating the adjacent residential use. This could result in an undesirable environment for uses in Institutional Zoning including the proposed drug and alcohol rehabilitation center. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment is in conflict with the public interest and not in harmony with the purpose and intent of the St. Lucie County Land Development Code. CONCLUSION The applicant has requested this change in zoning as the first step towards the establishment of a drug and alcohol rehabilitation center on the subject site. A concurrent conditional use application has been submitted and will be considered at the same public hearing, following this item. Staff recommends the Board’s decision to rezone the subject property be based upon the appropriateness of the requested Institutional Zoning District rather than any specific conditional use. While there is a conditional use application to be considered, in the future this parcel has the potential to accommodate other permitted and conditional uses in the Institutional Zoning District. In considering a change in zoning, all uses within the proposed zoning district that are permitted by right may be located on the property without any further Board review. Attached is a copy of Section 3.01.03(X), I (Institutional) and Section 3.01.03(T), IL (Industrial, Light) Zoning District of the St. Lucie County Land Development Code which lists the permitted, 4.A.b Packet Pg. 17 At t a c h m e n t 4 . A . b : S t a f f R e p o r t ( 3 3 9 2 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n R e z o n i n g ) Planning and Zoning Commission RZ 520154943 March 17, 2016 Page 7 accessory and conditional uses in the existing and proposed zoning districts. If a change in zoning is approved, the applicant, by right would be allowed to establish any of the uses under the Permitted Use section. Any use under the Accessory Uses section would be allowed only if a permitted or conditional use first exists on the property. Any use under the Conditional Use section would only be allowed upon approval by the St. Lucie County Board of County Commissioners. Staff has reviewed this petition and determined that based upon the incompatibility with the surrounding land uses, and in conflict with the cited directives of the Comprehensive Plan the Standards of Review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code have not been met. Staff recommends that the Planning and Zoning Commission forward a recommendation of denial to the Board of County Commissioners. 4.A.b Packet Pg. 18 At t a c h m e n t 4 . A . b : S t a f f R e p o r t ( 3 3 9 2 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n R e z o n i n g ) Planning and Zoning Commission RZ 520154943 March 17, 2016 Page 8 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 NDW HOLDINGS, LLC FOR A CHANGE IN ZONING FROM THE IL (INDUSTRIAL, LIGHT) ZONING DISTRICT TO THE I (INSTITUTIONAL) 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 NDW HOLDINGS, LLC FOR A CHANGE IN ZONING FROM THE IL (INDUSTRIAL, LIGHT) ZONING DISTRICT TO THE I (INSTITUTIONAL) ZONING DISTRICT BECAUSE . . . . CITE REASON(S) WHY - PLEASE BE SPECIFIC] 4.A.b Packet Pg. 19 At t a c h m e n t 4 . A . b : S t a f f R e p o r t ( 3 3 9 2 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n R e z o n i n g ) Environmental Resources Department Final Report TO: Diana Waite, Planning & Development Services Department THROUGH: Amy Griffin, Environmental Resources Director FROM: Jennifer McGee, Senior Environmental Planner DATE: March 9, 2016 SUBJECT: Commercial Circle Rehabilitation Center Rezoning/Conditional Use RZ 1020154943 CU 1020154941 Background The Environmental Resources Department (ERD) received the October 9, 2015 Planning and Development Services submittal. The applicant requests a rezoning from Industrial Light to Institutional and conditional use approval in order to allow for a 60 bed drug and alcohol detox facility. Environmental Resources staff has completed a site visit and review. The 1.93-acre project site is located at 7305 Commercial Circle and consists of an existing commercial building with associate parking and landscaping. Findings The site is currently developed, therefore ERD does not anticipate negative environmental impacts associated with the proposed change in use. Landscaping onsite shall be consistent with the previously approved landscape plan prepared by William Flint dated 4/6/2000 and stamped approved 4/17/2000. Conditions of Approval 1) Prior to Zoning Compliance approval all FLEPPC Category I listed invasive exotic vegetation shall be removed and treated with herbicide. 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. 3) All other applicable state or federal permits must be obtained before commencement of the development. 4.A.c Packet Pg. 20 At t a c h m e n t 4 . A . c : E R D F i n a l R e p o r t ( 3 3 9 2 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n R e z o n i n g ) March 17, 2016 draft Resolution No. TBD Page 1 RZ 520154943 RESOLUTION NO. TBD 1 FILE NO.: RZ 520154943 2 3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF 4 ST. LUCIE COUNTY GRANTING A CHANGE IN ZONING FROM THE IL 5 (INDUSTRIAL, LIGHT) ZONING DISTRICT TO THE I (INSTITUTIONAL) 6 ZONING DISTRICT FOR A PARCEL LOCATED IN ST. LUCIE COUNTY, 7 FLORIDA. 8 9 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on 10 the testimony and evidence, including, but not limited to the staff report, has made the 11 following determinations: 12 13 1. NDW, Holdings, LLC petitioned for a change in zoning from the IL (Industrial, 14 Light) Zoning District to the I (Institutional) Zoning District for a 1.93 acre parcel 15 depicted on Exhibit “A” and described in Part A below. 16 17 2. On March 17, 2016, the St. Lucie County Planning and Zoning Commission held 18 a public hearing on the petition, after publishing notice at least 10 days prior to 19 the hearing and notifying by mail all owners of property within 500 feet of the 20 subject property, and recommended that the Board of County Commissioners 21 approve/deny the change in zoning from the IL (Industrial, Light) Zoning District 22 to the I (Institutional) Zoning District. 23 24 3. On ______, this Board held a public hearing on the petition, after publishing 25 notice at least 10 days prior to the hearing and notifying by mail all owners of 26 property within 500 feet of the subject property. 27 28 4. The proposed change in zoning has/has not satisfied the requirements of Section 29 11.06.03 of the St. Lucie County Land Development Code and is consistent with 30 the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. 31 32 5. The proposed change in zoning is/ is not consistent with the existing and 33 proposed use of property in the surrounding area. 34 35 6. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution, was 36 signed by the applicant on February 12, 2016. 37 38 4.A.d Packet Pg. 21 At t a c h m e n t 4 . A . d : D r a f t R e s o l u t i o n ( 3 3 9 2 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n R e z o n i n g ) March 17, 2016 draft Resolution No. TBD Page 2 RZ 520154943 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. 1 Lucie County, Florida: 2 3 A. The proposed change in zoning from the AR-1 (Agricultural, Residential – 1 4 du/ac) Zoning District to the I (Institutional) Zoning District for that property 5 depicted on Exhibit “A” and described below is hereby approved/denied. 6 7 LOTS 2 AND 3, BLOCK A, KINGS HIGHWAY INDUSTRIAL PARK UNIT 8 ONE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT 9 BOOK 26, PAGE(S) 16, OF THE PUBLIC RECORDS OF ST. LUCIE 10 COUNTY, FLORIDA. 11 12 ADDRESS: 7305 COMMERCIAL CIRCLE, FORT PIERCE, FL 34951 13 14 PARCEL ID: 1335-801-0003-0002 15 16 B. The Planning and Development Services Director is hereby authorized and 17 directed to cause the change to be made on the Official Zoning Map of St. Lucie 18 County, Florida, and to make notation of reference to the date of adoption of this 19 Resolution. 20 21 C. A copy of this Resolution shall be mailed, return receipt requested, to the owner 22 and agent of record as identified on the application. 23 24 D. This Resolution shall be recorded in the Public Records. 25 26 After motion and second, the vote on this resolution was as follows: 27 28 Chairman Kim Johnson XXX 29 30 Vice-Chairman Chris Dzadovsky XXX 31 32 Commissioner Frannie Hutchinson XXX 33 34 Commissioner Paula Lewis XXX 35 36 Commissioner Tod Mowery XXX 37 38 4.A.d Packet Pg. 22 At t a c h m e n t 4 . A . d : D r a f t R e s o l u t i o n ( 3 3 9 2 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n R e z o n i n g ) March 17, 2016 draft Resolution No. TBD Page 3 RZ 520154943 PASSED AND DULY ADOPTED This ____ Day of ____, 2016. 1 2 BOARD OF COUNTY COMMISSIONERS 3 ST. LUCIE COUNTY, FLORIDA 4 5 6 7 8 BY _________________________ 9 Chairman 10 11 12 13 ATTEST: APPROVED AS TO FORM 14 AND CORRECTNESS: 15 16 17 __________________________ _________________________ 18 Deputy Clerk County Attorney 19 20 21 22 4.A.d Packet Pg. 23 At t a c h m e n t 4 . A . d : D r a f t R e s o l u t i o n ( 3 3 9 2 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n R e z o n i n g ) March 17, 2016 draft Resolution No. TBD Page 4 RZ 520154943 EXHIBIT A 1 2 3 4 4.A.d Packet Pg. 24 At t a c h m e n t 4 . A . d : D r a f t R e s o l u t i o n ( 3 3 9 2 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n R e z o n i n g ) March 17, 2016 draft Resolution No. TBD Page 5 RZ 520154943 1 4.A.d Packet Pg. 25 At t a c h m e n t 4 . A . d : D r a f t R e s o l u t i o n ( 3 3 9 2 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n R e z o n i n g ) 4.A.e Packet Pg. 26 At t a c h m e n t 4 . A . e : M a p s ( 3 3 9 2 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n R e z o n i n g ) 4.A.e Packet Pg. 27 At t a c h m e n t 4 . A . e : M a p s ( 3 3 9 2 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n R e z o n i n g ) 4.A.e Packet Pg. 28 At t a c h m e n t 4 . A . e : M a p s ( 3 3 9 2 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n R e z o n i n g ) 4.A.e Packet Pg. 29 At t a c h m e n t 4 . A . e : M a p s ( 3 3 9 2 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n R e z o n i n g ) 4.A.e Packet Pg. 30 At t a c h m e n t 4 . A . e : M a p s ( 3 3 9 2 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n R e z o n i n g ) 4. A . f Pa c k e t P g . 3 1 Attachment4.A.f: Application (3392 : Res- Commercial Circle Rehabilitation Rezoning) 4. A . f Pa c k e t P g . 3 2 Attachment4.A.f: Application (3392 : Res- Commercial Circle Rehabilitation Rezoning) 4. A . f Pa c k e t P g . 3 3 Attachment4.A.f: Application (3392 : Res- Commercial Circle Rehabilitation Rezoning) 4. A . f Pa c k e t P g . 3 4 Attachment4.A.f: Application (3392 : Res- Commercial Circle Rehabilitation Rezoning) 4. A . f Pa c k e t P g . 3 5 Attachment4.A.f: Application (3392 : Res- Commercial Circle Rehabilitation Rezoning) PLEASE CALL THE NUMBER LISTED BELOW IF THERE ARE ANY PROBLEMS WITH THIS DOCUMENT ENGINEERING DESIGN & CONSTRUCTION, INC CIVIL ENGINEERS SPECIALIZING IN LAND DEVELOPMENT 1934 Tucker Court, Fort Pierce, FL 34950 ph:(772) 462-2455 fx:(772) 462-2454 Visit us at: www.edc-inc.com LOTS 2 AND 3, BLOCK A, KINGS HIGHWAY INDUSTRIAL PARK UNIT ONE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 26, PAGE(S) 16, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. ADDRESS: 7305 COMMERCIAL CIRCLE FORT PIERCE, FL. 34951 4.A.f Packet Pg. 36 At t a c h m e n t 4 . A . f : A p p l i c a t i o n ( 3 3 9 2 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n R e z o n i n g ) 4. A . f Pa c k e t P g . 3 7 Attachment4.A.f: Application (3392 : Res- Commercial Circle Rehabilitation Rezoning) 4. A . f Pa c k e t P g . 3 8 Attachment4.A.f: Application (3392 : Res- Commercial Circle Rehabilitation Rezoning) 7 3 0 5 C O M M E R C I A L C I R C L E P R O P E R T Y T A X M A P 4.A.f Packet Pg. 39 At t a c h m e n t 4 . A . f : A p p l i c a t i o n ( 3 3 9 2 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n R e z o n i n g ) 4. A . f Pa c k e t P g . 4 0 Attachment4.A.f: Application (3392 : Res- Commercial Circle Rehabilitation Rezoning) 4. A . f Pa c k e t P g . 4 1 Attachment4.A.f: Application (3392 : Res- Commercial Circle Rehabilitation Rezoning) 4. A . f Pa c k e t P g . 4 2 Attachment4.A.f: Application (3392 : Res- Commercial Circle Rehabilitation Rezoning) 4. A . f Pa c k e t P g . 4 3 Attachment4.A.f: Application (3392 : Res- Commercial Circle Rehabilitation Rezoning) 4. A . f Pa c k e t P g . 4 4 Attachment4.A.f: Application (3392 : Res- Commercial Circle Rehabilitation Rezoning) 4. A . f Pa c k e t P g . 4 5 Attachment4.A.f: Application (3392 : Res- Commercial Circle Rehabilitation Rezoning) 4. A . f Pa c k e t P g . 4 6 Attachment4.A.f: Application (3392 : Res- Commercial Circle Rehabilitation Rezoning) 4. A . f Pa c k e t P g . 4 7 Attachment4.A.f: Application (3392 : Res- Commercial Circle Rehabilitation Rezoning) 4. A . f Pa c k e t P g . 4 8 Attachment4.A.f: Application (3392 : Res- Commercial Circle Rehabilitation Rezoning) 4. A . f Pa c k e t P g . 4 9 Attachment4.A.f: Application (3392 : Res- Commercial Circle Rehabilitation Rezoning) 4. A . f Pa c k e t P g . 5 0 Attachment4.A.f: Application (3392 : Res- Commercial Circle Rehabilitation Rezoning) 4. A . f Pa c k e t P g . 5 1 Attachment4.A.f: Application (3392 : Res- Commercial Circle Rehabilitation Rezoning) 4. A . f Pa c k e t P g . 5 2 Attachment4.A.f: Application (3392 : Res- Commercial Circle Rehabilitation Rezoning) T. IL INDUSTRIAL, LIGHT. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for light manufacturing, wholesale, and warehousing activities that do not impose undesirable noise, vibration, odor, dust, or other offensive effects on the surrounding are, together with such other uses as may be necessary to and compatible with light industrial surroundings. 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. Business services. (73) b. Communications - including telecommunication towers - subject to the standards of Section 7.10.23. (48) c. Construction services: (1) Building construction - general contractors. (15) (2) Other construction - general contractors. (16) (3) Construction - special trade contractors. (17) d. Engineering, architectural and surveying services. (871) e. Commercial fishing. (091) f. Laundry, cleaning and garment services. (721) g. Local and suburban transit. (41) h. Manufacturing: (1) Food and kindred products. (20) (2) Tobacco products. (21) (3) Textile mill products. (22) (4) Apparel and other finished products. (23) (5) Furniture and fixtures. (25) (6) Printing, publishing and allied industries. (27) (7) Drugs. (283) (8) Leather and leather products. (31) (9) Glass: (a) Flat glass. (321) (b) Glass and glassware - pressed or blown. (322) (c) Glass products - made of purchased glass. (323) (10) Fabricated metal prod. - except machinery and transport. equip.: (a) Metal cans and shipping containers. (341) (b) Cutlery, handtools and general hardware. (342) (c) Heating equipment, except electric and warm air, and plumbing fixtures. (343) (d) Fabricated structural metal products. (344) (e) Coating, engraving and allied services. (347) 4.A.g Packet Pg. 53 At t a c h m e n t 4 . A . g : I n d u s t r i a l , L i g h t ( I L ) Z o n i n g D i s t r i c t L i s t o f U s e s ( 3 3 9 2 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n R e z o n i n g ) (f) Miscellaneous fabricated metal products: (1) Wire products. (3495) (2) Misc. fabricated wire products. (3496) (3) Metal foil and leaf. (3497) (4) Fabricated metal products - NEC. (3499) (11) Industrial/commercial machinery and computer equipment: (a) Metalworking machinery and equipment. (354) (b) Special industry machinery, except metalworking machinery. (355) (c) General industrial machinery and equipment. (356) (d) Computers and office equipment. (357) (12) Electronic and other electrical equipment and components, except computer equipment: (a) Household appliances. (363) (b) Electric lighting and wiring equipment. (364) (c) Household audio and video equipment. (365) (d) Communications equipment. (366) (e) Electronic components and accessories. (367) (f) Misc. electrical machinery equipment and supplies. (369) (13) Measuring, analyzing and controlling instruments. (38) (14) Photographic, medical and optical goods. (38) (15) Watches and clocks. (38) (16) Misc. manufacturing industries: (a) Jewelry, silverware, and platedware. (391) (b) Musical instruments and parts. (393) (c) Dolls, toys, games and sporting goods. (394) (d) Pens, pencils, and other office and artists' materials. (395) (e) Costume jewelry, costume novelties, and notions. (396) (f) Brooms and brushes. (3991) (g) Signs and advertising displays. (3993) (h) Morticians goods. (3995) (i) Manufacturing industries, NEC. (3999) (17) Plastic products - fabrication, molding, cutting, extrusion, and injection processing. (308) i. Marinas. (4493) j. Millwork and structural wood members. (243) k. Motion pictures. (78) l. Motor freight transportation and warehousing. (42) m. Repair services: 4.A.g Packet Pg. 54 At t a c h m e n t 4 . A . g : I n d u s t r i a l , L i g h t ( I L ) Z o n i n g D i s t r i c t L i s t o f U s e s ( 3 3 9 2 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n R e z o n i n g ) (1) Automotive and automotive parking. (75) (2) Electrical. (762) (3) Watch, clock and jewelry repair. (763) (4) Reupholstery and furniture repair. (764) (5) Misc. repairs and services. (769) n. Retail trade: (1) Lumber and other building materials. (521) (2) Paint, glass and wallpaper. (523) (3) Hardware. (525) (4) Nurseries, lawn and garden supplies. (526) (5) Mobile home dealers. (527) (6) Automotive/boat/RV/motorcycle dealers. (55) (7) Gasoline service. (55) (8) Furniture and furnishings. (57) o. Research, development, and testing services. (873) p. Ship, boat building and repairing - less than forty-five (45) feet. (373) q. Sorting, grading and packaging services - citrus/vegetables. (0723) r. Vocational schools. (824) s. Wholesale trade - durable goods: (1) Motor vehicle and automotive equipment. (501) (2) Furniture and home furnishings.(502) (3) Lumber and other building materials. (503) (4) Professional and commercial equipment/supplies. (504) (5) Metals and minerals except petroleum. (505) (6) Electrical goods. (506) (7) Hardware, plumbing and heating equipment, and supplies. (507) (8) Machinery, equipment, and supplies. (508) (9) Misc. durable goods: (a) Sporting and recreational goods. (5091) (b) Toys and hobby goods. (5092) (c) Jewelry, watches, precious stones and metals. (5094) (d) Durable goods NEC. (5099) t. Wholesale trade - nondurable goods: (1) Paper and paper products. (511) (2) Drugs. (512) (3) Dry goods and apparel. (513) (4) Groceries and related products. (514) 4.A.g Packet Pg. 55 At t a c h m e n t 4 . A . g : I n d u s t r i a l , L i g h t ( I L ) Z o n i n g D i s t r i c t L i s t o f U s e s ( 3 3 9 2 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n R e z o n i n g ) (5) Farm products - raw materials. (515) (6) Chemicals, and allied products. (516) (7) Beer, wine, and distilled alcoholic beverages. (518) (8) Misc. nondurable goods: (a) Farm supplies. (5191) (b) Books, periodicals and newspapers. (5192) (c) Flowers, nursery stock and florists' supplies. (5193) (d) Tobacco/tobacco products. (5194) (e) Paints, varnishes and supplies. (5198) (f) Nondurable goods, NEC. (5199) u. Mobile food vendors. (999) v. Single-family detached dwelling units provided that the single-family dwelling unit is located on an existing lot or parcel or record, as further defined in this Code, that was existing on or before August 1, 1990. (999) w. Kennels. Allowed as a permitted use only when the property is surrounded by industrial uses or zoning and is five hundred (500) feet or more from residential uses or zoning. All distance requirements shall be measured from the nearest point of the existing home or area of single- family zoning to the nearest point of the proposed kennel. x. Landscape and horticultural services. (078) y. Personal services. (72) 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. Offstreet Parking and Loading Requirements. Offstreet 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. Airports, landing and takeoff fields - general aviation. (4581) b. Manufacturing: (1) Cut stone and stone products. (328) (2) Motorcycles, bicycles, and parts. (375) (3) Wood containers, wood buildings and mobile homes. (244/245) c. Ship, boat building and repairing (excluding ship or boat salvaging) - forty-five (45) to one hundred fifty (150) feet. (373) d. Wholesale: (1) Petroleum bulk stations and terminals. e. Scrap and waste materials - subject to the provisions of Section 7.10.12.A. f. Kennels. (0752) Other than those permitted under Section 3.01.03 T.2.w. of the Land Development Code. 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00 and include the following: 4.A.g Packet Pg. 56 At t a c h m e n t 4 . A . g : I n d u s t r i a l , L i g h t ( I L ) Z o n i n g D i s t r i c t L i s t o f U s e s ( 3 3 9 2 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n R e z o n i n g ) a. Co-generation facilities. (999) b. Fueling facilities. (999) c. Industrial wastewater disposal. (999) d. One detached single-family dwelling or mobile home for on-site security purposes per property. (999) e. Retail trade accessory to the primary manufacturing or wholesaling use. (999) f. Solar energy systems, subject to the requirements of Section 7.10.28.   4.A.g Packet Pg. 57 At t a c h m e n t 4 . A . g : I n d u s t r i a l , L i g h t ( I L ) Z o n i n g D i s t r i c t L i s t o f U s e s ( 3 3 9 2 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n R e z o n i n g ) X. I INSTITUTIONAL. 1. Purpose. The purpose of this district is to provide and protect and environment suitable for institutional, public, and quasi-public uses, together with such other uses as may be compatible with institutional, public, and quasi-public 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. Community residential homes subject to the provisions of Section 7.10.07. (999) b. Family day care homes. (999) c. 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 the 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) d. Institutional residential homes. (999) e. Parks. (999) f. Police and fire protection. (9221,9224) g. Recreational activities. (999) h. Religious organizations. (866) 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. Amphitheaters. (999) b. Cemeteries. (6553) c. Membership organizations. (86) d. Correctional institutions. (9223) e. Cultural activities and nature exhibitions. (999) f. Educational services and facilities. (82) g. Executive, legislative, and judicial functions. (91, 92, 93, 94, 95, 96, 97) h. Fairgrounds. (999) i. Funeral and crematory services. (726) j. Theaters. (999) k. Medical and other health services. (80) l. Postal service. (43) m. Residential care facilities for serious or habitual juvenile offenders. (999) n. Social services. (83) o. Sporting and recreational camps. (7032) p. Stadiums, arenas, race tracks. (794) q. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 4.A.h Packet Pg. 58 At t a c h m e n t 4 . A . h : I n s t i t u t i o n a l ( I ) Z o n i n g D i s t r i c t L i s t o f U s e s ( 3 3 9 2 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n R e z o n i n g ) 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Drinking places (alcoholic beverages related to civic, social, and fraternal uses). (999) b. Restaurants. (Including the sale of alcoholic beverages for on-premises consumption only.) (999) c. Funeral and crematory services. (726) d. Heliport landing/takeoff pads. (999) e. Detached single-family dwelling unit or mobile home, for on-site security purposes. (999) f. Residence halls or dormitories. (999) g. Solar energy systems, subject to the requirements of Section 7.10.28   4.A.h Packet Pg. 59 At t a c h m e n t 4 . A . h : I n s t i t u t i o n a l ( I ) Z o n i n g D i s t r i c t L i s t o f U s e s ( 3 3 9 2 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n R e z o n i n g ) 4. A . i Pa c k e t P g . 6 0 Attachment4.A.i: Public Notice Items (3392 : Res- Commercial Circle Rehabilitation Rezoning) 4.A.i Packet Pg. 61 At t a c h m e n t 4 . A . i : P u b l i c N o t i c e I t e m s ( 3 3 9 2 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n R e z o n i n g ) 4.A.i Packet Pg. 62 At t a c h m e n t 4 . A . i : P u b l i c N o t i c e I t e m s ( 3 3 9 2 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n R e z o n i n g ) Date Mailed 03/05/2016 Planning and Development Services Department 772.462. 2822 Applicant NDW Holdings, LLC Nathan Kakon 2500 N. Federal Highway #103 Fort Lauderdale, FL 33305 File Number RZ 520154943 & CU 1020154941 Project Location 7305 Commercial Circle, 130 feet west of Kings Highway Future Land Use TVC (Towns, Villages and Coun- tryside) Zoning Existing: IL (Industrial, Light) Proposed: I (Institutional) Staff Recommendation Forward this petition to the Board of County Commissioners with a recommendation of denial. Public Hearing Notice Thursday, March, 17, 2016 Notice of Proposed Change in Zoning From IL (Industrial, Light) to I (Institutional) and Conditional Use Permit for a Drug and Alcohol Rehabilitation Center Project Description NDW Holdings, LLC has requested a change in zoning from the IL (Industrial, Light) Zoning District to the I (Institutional) Zoning District to allow for the consideration of a concurrent condi- tional use application for the establish- ment of a drug and alcohol detox rehabil- itation center. The 1.93 acre parcel con- tains a 14,776 square foot building origi- nally constructed for a tax software de- velopment business. The parcel is locat- ed within the Kings Highway Industrial Park, 130 feet west of Kings Highway. Further details are available in the Planning and Development Services Department—please contact: Staff Diana Waite, AICP Tel 772.462.1577 Email waited@stlucieco.org Mail 2300 Virginia Avenue Fort Pierce, FL 34982 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 «Owner1 Fname»«Owner1 Lname» «Address» «City», «State» «ZIP» Meeting Time: 6:00 PM (or soon thereafter ) PLANNING AND ZONING COMMISSION 4.A.i Packet Pg. 63 At t a c h m e n t 4 . A . i : P u b l i c N o t i c e I t e m s ( 3 3 9 2 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n R e z o n i n g ) Revised March 17, 2011    Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written  protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent  or more of the area within five hundred (500) feet of the property affected by the proposed action, any  such Conditional Use Permit shall not be approved except by the favorable vote of four fifths (4/5) of  all of the Board of County Commissioners.     Please Return This Form To:   St. Lucie County Planning & Dev. Serv. Dept. ‐Planning Div.   ATTN: Diana Waite, Senior Planner   2300 Virginia Avenue, Ft. Pierce, FL  34982   Email waited@stlucieco.org or Fax (772) 462‐1581      Please check only one of the three following statements, and return by: March 16, 2016.  Forms  returned without a name and address will not be considered.  All returned forms are a matter of public  record and available for viewing upon request.  Please attach additional pages with comments if  necessary.    I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE  ___     I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE  ___    I HAVE NO OPINION ABOUT THE PROPOSED CONDITIONAL USE ___      I certify that as of the date written below, I am a property owner within 500 feet of the proposed  Conditional Use.     Name (Please Print):             ____________________________________________________    Address:    ____________________________________________________    ____________________________________________________    Date:    _           _____  Signature: __________________________      Please call, Diana Waite, Project Manager at (772) 462‐1577 if you have any questions.    PLANNING AND DEVELOPMENT SERVICES DEPARTMENT Planning Division  CONDITONAL USE REPONSE FORM Project Description: Conditional Use Permit for a Drug and Alcohol Rehabilitation Center  Project Location: 7305 Commercial Circle, 130 feet west of Kings Highway  Current Zoning: IL (Industrial, Light)File No.:CU1020154941  Proposed  Zoning: I (Institutional) File No.:RZ 520154943  4.A.i Packet Pg. 64 At t a c h m e n t 4 . A . i : P u b l i c N o t i c e I t e m s ( 3 3 9 2 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n R e z o n i n g ) Parcel ID Owner1 Lname Owner1 Fname Owner2 Lname Owner2 Fname Address City State ZIP 133580300010004 Aaa Cooper Transportation PO Box 6827 Dothan AL 36302 133580100020005 APCS Inc 2001 N Kings Hwy Fort Pierce FL 34951 133544300010000 APCS Inc PO Box 650808 Vero Beach FL 32965 133580100030002 Commonwealth Multi-Properties Inc 16370 NW 8th Dr Pembroke Pines FL 33028 Agent Currie Bradley 469 NW Prima Vista Blvd Port St Lucie FL 34983 133580100430004 Eade John L 7324 Commercial Cir Fort Pierce FL 34951 133580100080007 Fraternia Corp 3400 Hanson Ct La Crosse WI 54603 133580100180000 Jacquin Paul E Jacquin Cheryl A PO Box 4343 Fort Pierce FL 34948 133580100420007 K and J Rental LLC PO Box 6181rd Vero Beach FL 32961 Applicant Kakon Nathan NDW Holdings LLC 2500 N Federal Hwy Ste 103Fort Lauderdale FL 33305 133633200150003 Minton Sun LLC 2000 N Kings Hwy Fort Pierce FL 34951 230211100030005 NSLRWCD 14666 Orange Ave Fort Pierce FL 34945 133633100000002 Omega Groves Llc %Michael Minton PO Box 2757 Fort Pierce FL 34954 133580100400003 Pressure Pro Inc 7300 Commercial Circle Fort Pierce FL 34951 133544100010004 Reid Julian M Reid Julie M 4220 70th Av Vero Beach FL 32961 133633300020002 SFWMD Attn: Land Management PO Box 24680 West Palm Beach FL 33416 230160100130009 State of Florida DOT 3400 W Commercial Blvd Fort Lauderdale FL 33309 230211100040002 Tavmel Investments LC % Paulo Melo 39 AC Hollman Land LLLP 150 SE 2nd Ave # 800 Miami FL 33131 133580100290000 Unifirst Corporation 68 Jonspin Rd Wilmington MA 01887 4.A.i Packet Pg. 65 At t a c h m e n t 4 . A . i : P u b l i c N o t i c e I t e m s ( 3 3 9 2 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n R e z o n i n g ) 16A »Wednesday,March 2,2016 »TREASURE COASTNEWSPAPERS»SC from 1a butright nowwehaven’t beengiven direction as to what those needsare.” Askedwhat“emergency response activities”are called forinthe orderthe DEPhas decidedtotake, spokeswomanLoriElliott repeated Scott’sposition that thefederal govern- mentisresponsible for thedischargesbyinade- quatelyfundingrepairsto theHerbert Hoover Dike around Lake Okeechobee. Theneed:Money TimKenney,owner of theTacklefor Less bait shop near theRoosevelt Bridge in Stuart,saidhe triedMonday to tell state andfederal officials ex- actlywhatheand others withbusinessestiedtothe riverand theIndianRiver Lagoon need. When Scott’sdeclara- tion wasannounced,Ken- ney said he thought“busi- nesseslikeminewould getsomehelp,like the businessesaffected bythe Gulf(ofMexico)oilspill.” Kenney said salesinhis shop thispastFebruary aredown65to70percent compared with February last year.Hecalledthe of- ficesofU.S.Sen.Marco Rubio,Scottand Koon,as well as theAtlanta office of theFederal Emergency ManagementAgency,to seeiffinancialhelpwould be available. “All Igot wasarun- around,”he said.“Iwas told that theonlyway therewould be anyfinan- cial assistance wasfor thepresident to declarea national emergency.And there’snothinginScott’s declaration asking (Presi- dent Barack)Obamato do that.” STillwaiTing St.Lucie Countyoffi- cialshavebeenintouch with stateagenciesbut are“stillawaitingfurther information andguid- ance on thestepsthatwill be takenand therolewe will be playing,”saidNi- cole Fogerty,thecounty’s legislativeaffairsmanager. Meanwhile,Lake Owa- tercontinuestopourinto theSt.LucieRiver at arate of more than 2billion gal- lons aday,atotal of about 67.5billion gallonssince the discharges beganJan.30. Acombination ofLake O discharges andrainwater draining off farmland in westernMartinand St.Lu- ciecountieshas turned the St.Lucie Riverbrown and removedall thesalinity in theestuary,which threat- enstowipeout allthe riv- er’s oystersand seagrass. Aplume of brownwater extendsout theSt.Lucie Inletabout 2miles into theAtlanticand stretches southalong northern Jupi- terIslandbeaches to near Hobe Sound. “Ifsomethingisan emergency,youact on it immediately,”Kenney said.“That’s part of the definition of ‘emergency.’ “Thisso-called declara- tion of emergencyisjust rhetoric.” Thestate of emergency ends March27but canbe extendedtoMay 26.The discharges areexpectedto last at leastthatlong. EMERGENCY from 1A Iwas told that theonlyway therewould be anyfinan- cial assistance wasfor thepresi- dent to declareanationalemer- gency.Andthere’s nothingin Scott’sdeclaration asking (Presi- dent Barack)Obama to do that.” TimKenney,owner ofTackleforLess baitshop in Stuart StormShieldApp.com FABRIC SALE! Over 3500 Rolls In Stock “WeWelcome YouToCompare Our Already Lowest Prices In Town” In StockFabrics Est.1968 283-1474 2520 KANNER HWY.•STUART TCN3037650 20%OFF In-stockFabrics over3500rolls in stock Not to be combined with other offers.Must present coupon at time of purchase 3/31/16 With our support,families can be moreconfident caregivers and spend morequality time together.Tolearn more,call us at (866)999-4550orvisittchospice.org. “Peggy cared forour mom at home during along illness so Mom could be with the familyshe loved.But in the final months when Mom’s condition gotworse, her doctor recommended TreasureCoastHospice. Th ey provided expertcarefor Mom,supportedour caregiving and guided the whole family.This wasthe relief we needed to enjoytime with Mom.” –Ellen and Peggy Margaret’s daughters Caring forall thanks to the generosity of our community. ST.LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA March 17,2016 NOTICE OF APETITIONTOAMENDTHE OFFICIAL ZONINGATLASOFST.LUCIECOUNTYAND GRANT ACONDITIONAL USE PERMIT TO ALLOW FOR THE ESTABLISHMENT OF ADRUGAND ALCOHOL REHABILITATIONCENTER The St.Lucie County Planning and Zoning Commission is scheduled to reviewand make recommendations regarding the following items petitionedbythe applicant foradoption by the Board of County CommissionersofSt.Lucie County,Florida,by resolution: RESOLUTIONNO.TBD ARESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST.LUCIE COUNTY GRANTING ACHANGE IN ZONING FROM THE IL (INDUSTRIAL,LIGHT)ZONING DISTRICT TO THE I(INSTITUTIONAL)ZONING DISTRICT FOR APARCEL LOCATED IN ST.LUCIE COUNTY,FLORIDA. AND RESOLUTIONNO.TBD ARESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS GRANTING NDW HOLDINGS,LLC ACONDITIONAL USE PERMIT TO ESTABLISH ADRUGAND ALCOHOL REHABILITATION CENTER IN THE I(INSTITUTIONAL)ZONING DISTRICT FOR PROPERTY LOCATED IN ST.LUCIE COUNTY,FLORIDA. APPLICANT:NDWHoldings,LLC FILE NUMBER:RZ 1020152943and CU 1020154941 PURPOSE:Allowfor a60bed Drug and Alcohol Rehabilitation Center. LOCATION:7305 Commercial Circle,FortPierceFL,130feet west of the entrance to theKing’sHighway Industrial Park. The Planning and Zoning Commission PUBLIC HEARING on this item will be held in the Commission Chambers,Roger Poitras Annex,3rdFloor,St.Lucie CountyAdministration Building,2300 Virginia Avenue, FortPierce,Florida on Thursday,March 17,2016 beginning at 6:00pmor assoon thereafteraspossible. All interested persons will be given an opportunitytobeheard.Writtencomments received in advance of the public hearing will also be considered.Writtencomments to the Planning and Zoning Commission should be received by the Planning and Development Services Department -Planning Division at least 3daysprior to the scheduled hearing.The petition file is available forreviewatthe Planning and Development Services Department–PlanningOffices located at 2300 Virginia Avenue,2nd Floor,FortPierce,Florida,during regular business hours.Please call (772)462-2822 or TDD (772)462-1428 if youhaveany questions or require additional information about this petition. The St.Lucie CountyPlanning and Zoning Commission has the powertoreviewand recommend to the St.Lucie CountyBoardofCountyCommissioners,forapproval or disapproval,anyapplications within their area of responsibility. The proceedings of the Planning and Zoning Commission areelectronicallyrecorded.PURSUANT TO SECTION 286.0105,FLORIDASTATUTES,if aperson decides to appeal anydecision made by the Planning and Zoning Commission with respect to anymatterconsidered at ameeting or hearing,heorshe will need arecordofthe proceedings.For such purpose,heorshe mayneed to ensurethat averbatim recordofthe proceedingsis made,which recordincludes the testimonyand evidenceupon whichthe appeal isto bebased. Upon the request of anyparty to the proceeding,individuals testifying during ahearing will be swornin. Anyparty to the proceeding will be granted an opportunitytocross-examine anyindividual testifying during a hearing upon request.If it becomes necessary,apublic hearing maybecontinuedto adatecertain. Anyone with adisabilityrequiring accommodation to attend this meeting should contact the St.Lucie County Risk Manager at least forty-eight (48)hoursprior to the meeting at (772)462-1546 orT.D.D.(772)462-1428. PLANNING AND ZONING COMMISSION/ LOCALPLANNINGAGENCY ST.LUCIE COUNTY,FLORIDA /S/STEPHANIE MORGAN,CHAIRMAN PUBLISH DATE:March 3,2016 3754 SE Ocean Blvd.,Sewall’sPoint 772-288-1222 Accepting reservations forparties of 6ormore Outside bar is OPEN! Sunset menu 4-5:30pm Daily 2for 1Well Drinks, House Wines & Domestic Draft Beer 4pm-close Entrees $13.99 LOCALS NIGHT Every We dnesday TCN3018364 4pm -Close Ad N u m b e r : In s e r t i o n N u m b e r : Si z e : Co l o r T y p e : 93 5 0 0 3 N/ A 3 C o l x 1 0 i n N/ A Ad v e r t i s e r : Ag e n c y : Se c t i o n - P a g e - Z o n e ( s ) : De s c r i p t i o n : St L u c i e C o u n t y G r o w t h M a n a g e m e n t N/ A A- 1 6 - A l l CO M M E R C I A L C I R C L E We d n e s d a y , M a r c h 0 2 , 2 0 1 6 4.A.i Packet Pg. 66 At t a c h m e n t 4 . A . i : P u b l i c N o t i c e I t e m s ( 3 3 9 2 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n R e z o n i n g ) ITEM NO. (ID # 3398) DATE: 03/17/2016 AGENDA REQUEST * QUASI-JUDICIAL BACKGROUND: This item is a request by NDW Holdings, LLC for the establishment of a drug and alcohol rehabilitation center within an existing 14, 446 square foot building located on a 1.93 acre parcel within the Kings Highway Industrial Park. The application was submitted concurrent with an application for a change in zoning to the Institutional Zoning District to allow for the consideration of the proposed conditional use. The St. Lucie County Land Development Code (LDC) Code Section 3.01.03(X) (7) (k) allows Medical and other health services (80) under the list of conditional uses in the proposed (Institutional) Zoning District. The Standard Industrial Code Group 80, entitled Health Services classifies the proposed drug and alcohol rehabilitation center under the category for Specialty Hospitals (8069). These facilities provide diagnostic services and treatment and other hospital services for specialized categories of patients. The applicant proposes a 60 bed drug and alcohol detox rehabilitation center providing a 5-7 day treatment program with medical staff at the facility 24 hours a day. All activities would occur indoors as the patients are not active during the detox phase of their treatment. The building's outdoor patio would be utilized as a smoking area. If approved, the conditional use permit would be subject to the issuance of a state license and the conditions of approval set forth in the draft resolution. Staff is concerned that locating the medical rehabilitation use within an established Industrial Park and designated Foreign Trade Zone may adversely impact the existing and future businesses in the park as well as clients of the proposed medical facility. On March 9, 2016 the applicant held a neighborhood meeting after notifying property owners within 500 feet of the subject property. Five property owners attended the meeting. At that meeting the applicant described the proposed project operations and discussed the owners' concerns related to security, traffic and other potential uses. The applicant's agent relayed that security cameras would be installed, patients would not be driving to and from the facility, and the detox center would be the only conditional use allowed. The owners advised the agent of problems with the wastewater system, which was also TO: St. Lucie County Planning & Zoning Commission PRESENTED BY: Diana Waite, Senior Planner SUBMITTED BY: Planning Division SUBJECT: Resolution Granting a Conditional Use Permit for a Drug and Alcohol Rehabilitation Center in I (Institutional) Zoning 4.B Packet Pg. 67 Updated: 3/10/2016 4:50 PM by Bonnie Landry Page 2 identified by Fort Pierce Utility Authority staff during the project review. The repairs will be required prior to the establishment of service. Staff has determined the petition does not meet the standards of review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code and is in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. PREVIOUS ACTION: None FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Planning and Zoning Commission forward a recommendation of denial to the Board of County Commissioners. COMMISSION ACTION: Coordination/Signatures 4.B Packet Pg. 68 Document Date 3/5/2016 Planning & Zoning Commission Planning Division Agenda Item Summary Applicant NDW Holdings, LLC Nathan Kakon 2500 N. Federal Highway, Ste 103 Fort Lauderdale, FL 33305 File Number CU 1020154941 Project Location 7305 Commercial Circle, 130 feet west of Kings Highway Future Land Use TVC (Towns, Villages and Coun- tryside) Zoning Existing: IL (Industrial, Light) Proposed: I (Institutional) Staff Recommendation Forward this petition to the Board of County Commissioners with a recommendation of denial. Project Manager Diana Waite, AICP Senior Planner 772.462.1577 waited@stlucieco.org AGENDA ITEM No. NDW Holdings, LLC for a Conditional Use Permit for a Drug and Alcohol Rehabilitation Center Project Description This request is to allow for the estab- lishment of a drug and alcohol reha- bilitation center, upon approval of the associated application for a change in zoning to Institutional. The appli- cant is proposing a 60 bed inpatient medical detox facility for the treat- ment of drug and alcohol addictions. The patients would receive treatment for 5 to 7 days with medical staff on- site 24 hours a day. The subject parcel contains 1.93 acres with a 14,776 square foot building originally constructed for a software development center. Ac- cess to the site is from Commercial Circle, approximately 130 feet south of West Kings Highway. The parcel is located within the Kings Highway Industrial Park. 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. Public Comment Received None Hearing Date 3/17/2016 Project Location: 7305 Commercial Circle, 130 feet west of Kings Hwy. 4.B.a Packet Pg. 69 At t a c h m e n t 4 . B . a : A g e n d a S u m m a r y ( 3 3 9 8 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n C o n d i t i o n a l U s e ) Planning and Development Services Department Planning Division M E M O R A N D U M TO: Planning and Zoning Commission THROUGH: Leslie Olson, AICP, Planning & Development Services Director Bonnie C. Landry, AICP, Planning Manager FROM: Diana Waite, AICP, Senior Planner DATE: March 17, 2016 SUBJECT: Petition of NDW Holdings, LLC for a Conditional Use Permit to allow an Alcohol And Drug Rehabilitation Center for property located at 7305 Commercial Circle. Requested Action: Grant a Conditional Use Permit approval to allow a 60 bed Drug and Alcohol Detox Rehabilitation Center (SIC80) in I (Institutional) Zoning. Purpose: The purpose of the requested Conditional Use Permit is to allow for inpatient drug and alcohol detox rehabilitation treatment in a Specialty Hospital. This conditional use may be considered under the provisions of SLC Land Development Code (LDC) Section 3.01.03(X)(7)(k), Conditional Uses: Medical and Other Health Services (80). Location: 7305 Commercial Circle, 130 feet west of Kings Highway, within the Kings Highway Industrial Park. Parcel Number: 1335-801-0003-0002 Parcel Size: 1.93 acres Future Land Use Designation: TVC (Towns, Villages and Countryside) Existing Zoning: IL (Industrial, Light) Proposed Zoning: I (Institutional) Concurrent Application: Change in Zoning from IL (Industrial, Light) to I (Institutional) 4.B.b Packet Pg. 70 At t a c h m e n t 4 . B . b : S t a f f R e p o r t ( 3 3 9 8 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n C o n d i t i o n a l U s e ) Planning and Zoning Commission CU 1020154941 March 17, 2016 Page 2 Utility Service: Fort Pierce Utilities Authority (FPUA) provides water and wastewater service to the site. Fire/EMS Protection: Station #4 (St. Lucie Airport) is located approximately 3 miles to the northeast. Transportation Impacts: Right-of-way Adequacy: Commerce Circle is a County owned and maintained road with a 60 foot right-of-way along the parcels frontage. Type of Concurrency Document Required: Concurrency of Capacity Surrounding Land Use and Zoning: Existing Conditions: Front of Building South View - Al’s Family Farm Location Future Land Use Zoning Existing Land Use Adjacent Parcels North TVC (Towns, Villages and Countryside) IL (Industrial) Pressure Pro warehouse 32,602 sf building area South TVC (Towns, Villages and Countryside) IL (Industrial) Al’s Family Farm citrus processing, sales and restaurant 15,496 sf building East TVC (Towns, Villages and Countryside) IL (Industrial) Red Barn Grill parking and playground associated with Al’s Family Farm West TVC (Towns, Villages and Countryside) IL (Industrial) AAA Cooper Transportation, 16,500 sf distribution facility 4.B.b Packet Pg. 71 At t a c h m e n t 4 . B . b : S t a f f R e p o r t ( 3 3 9 8 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n C o n d i t i o n a l U s e ) Planning and Zoning Commission CU 1020154941 March 17, 2016 Page 3 North View - Pressure Pro Building view from the Red Barn Grill driveway Background: Previous actions related to the petition site: August 3, 2007 - August 17, 2012 Universal Tax Systems Inc. tax software developers operated at the facility. May 30, 2006 - Ordinance 16-017 adopted the Land Development Code, TVC Overlay Zone Section 4.04.00 to guide development within the special district. May 16, 2006 - Ordinance 06-019 - Future Land Use adopting the TVC (Towns, Villages and Countryside) amendments changing the project lands from IND (Industrial) to TVC. March 22, 2001 - October 25, 2007 - ATX Forms office for tax software developers operated at the facility. April 17, 2000 - CD Order 00-005 granted minor site plan approval to ATX Forms for development of a 14,447 square foot building on the subject 1.93 acre tract. May 4, 1988 – Kings Highway Industrial Park Unit One was platted creating the subject lots. Summary The applicant is proposing a drug and alcohol detox rehabilitation center for inpatient treatment only. This use is classified under Standard Industrial Code (SIC) Medical Services (80) group as a Specialty Hospital (SIC 8069). A Specialty Hospital is described as establishments primarily engaged in the diagnoses services, treatment and other hospital services for specialized categories of patients, except mental health. The applicant has indicated the center will provide detox treatment for a period of 5-7 days with medical staff at the facility on a 24 hours basis. Sixty (60) beds would be provided for inpatient treatment only. No outpatient services would be provided at the proposed location. The facility would require licensure from the Florida Department of Children and Families. 4.B.b Packet Pg. 72 At t a c h m e n t 4 . B . b : S t a f f R e p o r t ( 3 3 9 8 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n C o n d i t i o n a l U s e ) Planning and Zoning Commission CU 1020154941 March 17, 2016 Page 4 Currently, substance abuse inpatient programs in St. Lucie County include New Horizons and the Florida Center for Recovery on West Midway Road, DATA on Selvitz Road, the Counseling and Recovery Center on Orange Avenue, and Restoration Ministries on 7th Street. A new facility is also currently in review for location on West Midway Road. ************************************************************** STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for the proposed conditional use, the Board of County Commission shall consider and make the following determinations: 1. Consistency with the local code and comprehensive plan. The St. Lucie County Land Development Code (LDC) Code Section 3.01.03(X)(7) allows Medical and Other Health Services (SIC 80) under the list of conditional uses in the proposed (Institutional) Zoning District. Upon approval of the associated application for a change in zoning to the Institutional Zoning District the Board of County Commissioners may consider approval of the conditional uses compliance with the standards of review set forth in with LDC Section 11.07.03. The first standard requires a determination that the project is not in conflict with the land development code and comprehensive plan. The conditional use process allows for the impacts and compatibility of the proposed use to be considered on a case by case basis to ensure suitability with the surrounding existing and future land uses in the surrounding area. Based upon staff’s review, the proposed drug and alcohol rehabilitation center is not compatible with the existing and proposed industrial uses surrounding the subject parcel and is in conflict with the following Comprehensive Plan directives:  Future Land Use (FLU) Policy 1.1.8.10 - Encourage the use of existing commercial and industrial designated lands within the urban service area, through requiring a strict demonstration of service availability, before authorizing Land Use and Zoning amendments in areas not presently indicated as having such a designation. The conversion of industrial lands to a non-industrial use would reduce lands available for industrial opportunities and may redirect future industrial uses to less suitable areas.  FLU Objective 1.1.11: St. Lucie County shall continue to work with the interested groups and agencies to increase and broaden the County’s economic base while expanding existing business and industrial opportunities. This would reduce existing industrial opportunities in one of the County’s most productive industrial parks.  Economic Development Objective 11.1.10: To position St. Lucie County as a competitive business environment both at the regional and national levels, and, to create the conditions of sustainable economic development by promoting high-wage, high-quality employment opportunities. 4.B.b Packet Pg. 73 At t a c h m e n t 4 . B . b : S t a f f R e p o r t ( 3 3 9 8 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n C o n d i t i o n a l U s e ) Planning and Zoning Commission CU 1020154941 March 17, 2016 Page 5 The proposed facility would be located within an established industrial park within a Foreign Trade Zone (FTZ). The Comprehensive Plan describes FTZs as secure industrial parks and specialized warehouses considered to be outside of the US Customs territory, typically located close to a port of entry. The following are FTZs in St. Lucie County: − Kings Highway Industrial Park − Airport North − St. Lucie West Commerce Park − Airport Industrial Park − Airport South Locating a drug and alcohol detox rehabilitation facility within an established industrial park may deter new industrial business from locating within the park and result in conflicts based upon the incompatibility of land uses.  Economic Development Policy 10.2.1.7 - Assist in the promotion, development and implementation of Foreign Trade Zone services in St. Lucie County. Approval of the petition will remove lands from the County’s foreign trade zone inventory.  FLU Policy 1.1.15.5 The Airport Overlay Zone shall prohibit incompatible uses such as homes, schools, nursing homes, hospitals, and libraries according to the Federal Aviation Administration (FAA) Land Use Compatibility and Airports, a Guide for Efficient Land Use Planning and those uses that create electrical interference …. The subject parcel is located within the County’s Airport Overlay Zone. 2. Effect on Adjacent Properties: a. Whether and the extent to which the proposed conditional use would have an adverse impact on nearby properties; The proposed conditional use may have an adverse impact on existing and future industrial uses within the Kings Highway Industrial Park. The drug and alcohol detox center would be a medical use facility that is not compatible with the existing or planned character of the industrial park. Based upon the incompatibility of these uses, future industrial businesses could be redirected to less desirable locations outside the park. The rehabilitation center patients may also be negatively impacted by noise and odors that can be produced by industrial uses. b. Whether the proposed conditional use is compatible with the existing or planned character of the neighborhood; The drug and alcohol rehabilitation center is proposed for location within the Kings Highway Industrial Park, an established 120+ acres industrial subdivision that is designated Foreign Trade Zone. The proposed medical use is not compatible with the industrial nature of the subdivsion. As an example, the County’s noise control ordinance (Code of Ordinances Section 1-13- 8) regulates the level of noise by land use, with industrial being the highest decibel level 4.B.b Packet Pg. 74 At t a c h m e n t 4 . B . b : S t a f f R e p o r t ( 3 3 9 8 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n C o n d i t i o n a l U s e ) Planning and Zoning Commission CU 1020154941 March 17, 2016 Page 6 allowed and residential having the lowest level. The ordinance would continue to allow the existing industrial uses to operate at the industrial decibel levels established prior to locating the adjacent residential use. This may result in an undesirable environment for the rehabilitation center and conflicts between the incompatible land uses. c. Whether all reasonable steps have been taken to minimize an adverse effect of the proposed conditional use on the immediate vicinity through building design, site design, landscaping, and screening; and The subject site is developed. The building is enclosed with landscape buffers around the site and adequate parking. Additional screening could further buffer the medical use from the potential adverse effects from the industrial uses. d. Whether the proposed conditional use will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. The site is already developed with a 14,776 square foot building that was constructed for a software developer and distributer. If approved, a full set of plans showing the building meeting all the requirements in the Florida Building Codes for the proposed occupancy type will be required. Some of the changes might be but not limited to Fire Sprinklers, Rated Corridors and Rated Fire Doors unless they are already in place. 3. Whether and the extent to which the proposed conditional use would be served by adequate public facilities and services 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 excess demands on public facilities. As required by Capital Improvement Element Policy 9.1.4.5 staff has determined there is sufficient public facility capacity to accommodate the proposed change in use and maintain the existing level of service. Prior to issuance of any final development order a Certificate of Capacity will be issued. Drainage Kings Highway Industrial Park is served by a master drainage system that serves the project site with an outfall into the Fort Pierce Farms Water Control District Canal 21. Water and Wastewater Fort Pierce Utilities Authority (FPUA) provides water and wastewater service to the developed site. FPUA staff indicated that a transition manhole is in need of repair as is the cleanout. These items will need to be repaired prior to service. Transportation Commerce Circle has an existing 60 foot wide road right-of-way at the project location. The applicant has submitted a transportation summary demonstrating that the proposed change in use will not result in a reduction of the existing Level of Service C on Kings Highway. The traffic summary reported that the detox center would generate less overall trips than the previous office space. The analysis shows a slight increase of 2 peak hour trips exiting in the morning and 2 peak hour trips entering in the afternoon. Based upon 2014 traffic counts 4.B.b Packet Pg. 75 At t a c h m e n t 4 . B . b : S t a f f R e p o r t ( 3 3 9 8 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n C o n d i t i o n a l U s e ) Planning and Zoning Commission CU 1020154941 March 17, 2016 Page 7 Kings Highway, between Okeechobee Road and St. Lucie Boulevard is operating at a Level of Service C and the addition of the 2 off-peak hour trips will not result in a decrease in the level of service. 4. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed petition is not expected to create significant adverse impacts on the natural environment. The 1.93 acre site is a developed industrial parcel with little native vegetation. Prior to issuance of a Zoning Compliance Certificate for the new use the landscaping onsite will be reviewed for consistency with the previously approved landscape plan. Environmental Resources staff has recommended the following conditions of approval which have been incorporated into the draft resolution for the project. Conditions of Approval 1) Within 90 days of site plan approval all FLEPPC Category I listed invasive exotic vegetation shall be removed and treated with herbicide. 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. 3) All other applicable state or federal permits must be obtained before commencement of the development. Recommendation Staff finds that this petition does not meet the standards of review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code. The proposed use is in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and incompatible with the surrounding industrial uses within the Kings Highway Industrial Park Foreign Trade Zone. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of denial. 4.B.b Packet Pg. 76 At t a c h m e n t 4 . B . b : S t a f f R e p o r t ( 3 3 9 8 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n C o n d i t i o n a l U s e ) Planning and Zoning Commission CU 1020154941 March 17, 2016 Page 8 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 NDW HOLDINGS, LLC FOR A CONDITIONAL USE PERMIT IN THE I (INSTITUTIONAL) ZONING DISTRICT TO ALLOW A DRUG AND ALCOHOL REHABILITATION CENTER 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 NDW HOLDINGS, LLC, FOR A CONDITIONAL USE PERMIT IN THE I (INSTITUTIONAL) ZONING DISTRICT TO ALLOW A DRUG AND ALCOHOL REHABILITATION CENTER BECAUSE . . . . CITE REASON(S) WHY - PLEASE BE SPECIFIC] 4.B.b Packet Pg. 77 At t a c h m e n t 4 . B . b : S t a f f R e p o r t ( 3 3 9 8 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n C o n d i t i o n a l U s e ) Environmental Resources Department Final Report TO: Diana Waite, Planning & Development Services Department THROUGH: Amy Griffin, Environmental Resources Director FROM: Jennifer McGee, Senior Environmental Planner DATE: March 9, 2016 SUBJECT: Commercial Circle Rehabilitation Center Rezoning/Conditional Use RZ 1020154943 CU 1020154941 Background The Environmental Resources Department (ERD) received the October 9, 2015 Planning and Development Services submittal. The applicant requests a rezoning from Industrial Light to Institutional and conditional use approval in order to allow for a 60 bed drug and alcohol detox facility. Environmental Resources staff has completed a site visit and review. The 1.93-acre project site is located at 7305 Commercial Circle and consists of an existing commercial building with associate parking and landscaping. Findings The site is currently developed, therefore ERD does not anticipate negative environmental impacts associated with the proposed change in use. Landscaping onsite shall be consistent with the previously approved landscape plan prepared by William Flint dated 4/6/2000 and stamped approved 4/17/2000. Conditions of Approval 1) Prior to Zoning Compliance approval all FLEPPC Category I listed invasive exotic vegetation shall be removed and treated with herbicide. 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. 3) All other applicable state or federal permits must be obtained before commencement of the development. 4.B.c Packet Pg. 78 At t a c h m e n t 4 . B . c : E R D F i n a l R e p o r t ( 3 3 9 8 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n C o n d i t i o n a l U s e ) March 17, 2016 draft Resolution No. TBD Page 1 RZ 520154943 RESOLUTION NO. TBD 1 FILE NO.: CU1020154941 2 3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF 4 ST. LUCIE COUNTY GRANTING A CONDITIONAL USE PERMIT FOR A 5 DRUG AND ALCOHOL REHABILITATION CENTER IN I 6 (INSTITUTIONAL) ZONING DISTRICT FOR A PARCEL LOCATED IN 7 ST. LUCIE COUNTY, FLORIDA. 8 9 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on 10 the testimony and evidence, including, but not limited to the staff report, has made the 11 following determinations: 12 13 1. NDW, Holdings, LLC petitioned for a Conditional Use Permit to allow for the 14 establishment of an inpatient drug and alcohol detox rehabilitation center in I 15 (Institutional) Zoning District for a 1.93 acre parcel depicted on Exhibit “A” and 16 described in Part A below. 17 18 2. On March 17, 2016, the St. Lucie County Planning and Zoning Commission held a 19 public hearing on the petition, after publishing notice at least 10 days prior to the 20 hearing and notifying by mail all owners of property within 500 feet of the subject 21 property, and recommended that the Board of County Commissioners approve/deny 22 the conditional use permit. 23 24 3. On ______, this Board held a public hearing on the petition, after publishing notice at 25 least 10 days prior to the hearing and notifying by mail all owners of property within 26 500 feet of the subject property. 27 28 4. The proposed Conditional Use Permit, with the conditions herein, is/is not consistent 29 with the goals, objectives and policies of the St. Lucie County Comprehensive Plan 30 and has satisfied the requirements of Section 11.07.03 of the St. Lucie County Land 31 Development Code, subject to the conditions in Part A below. 32 33 5. With the proposed conditions, the project will not/have an undue adverse effect on 34 adjacent property, the character of the neighborhood, traffic conditions, parking, 35 utility facilities, or other matters affecting the public health, safety and general 36 welfare. 37 38 6. Planning Staff has performed a detailed analysis of the project and determined it to 39 be consistent with the St. Lucie County Land Development Code and 40 4.B.d Packet Pg. 79 At t a c h m e n t 4 . B . d : D r a f t R e s o l u t i o n ( 3 3 9 8 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n C o n d i t i o n a l U s e ) March 17, 2016 draft Resolution No. TBD Page 2 RZ 520154943 Comprehensive Plan. The analysis is found in the Planning and Development 1 Services Staff Report for the Commercial Circle Drug and Alcohol Rehabilitation 2 Center, dated March 17, 2016. 3 4 7. The applicant has received a Certificate of Capacity, a copy of which is attached to 5 this order as Exhibit “B”, as required under Chapter V, St. Lucie County Land 6 Development Code. 7 8 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of 9 St. Lucie County, Florida: 10 11 A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a 12 Conditional Use Permit that allows for the establishment of a Drug and Alcohol 13 Rehabilitation Center for the property described below is hereby approved 14 subject to the following conditions: 15 16 1. The proposed facility shall be limited to inpatient Drug and Alcohol 17 Detox Rehabilitation Only. 18 19 2. The number of patients/clients shall be limited to a maximum of 60 20 patients. Any increase in patient number or the size of the facility shall 21 require a major adjustment to this Conditional Use Permit and approval 22 by the Board of County Commissioners. 23 24 3. Full time onsite medical staff shall be maintained 24 hours a day, 7 25 days a week. 26 27 4. The applicant shall maintain all required permits and licenses from the 28 Florida Department of Children and Families and other applicable 29 agencies for operation of the facility. A copy of the Department of 30 Children and Families license shall be required prior to issuance of a 31 Certificate of Zoning Compliance. 32 33 5. The Department of Children and Families license shall be issued to the 34 applicant/owner of the rehabilitation center. Any change in licensure or 35 ownership of the property shall require a modification to this conditional 36 use. 37 38 6. Within 90 days of site plan approval all FLEPPC Category I listed 39 invasive exotic vegetation shall be removed and treated with herbicide. 40 41 4.B.d Packet Pg. 80 At t a c h m e n t 4 . B . d : D r a f t R e s o l u t i o n ( 3 3 9 8 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n C o n d i t i o n a l U s e ) March 17, 2016 draft Resolution No. TBD Page 3 RZ 520154943 7. The issuance of County development permit does not in any way 1 create any rights on the part of the applicant to obtain a permit from a 2 state or federal agency and does not create any liability on the part of 3 the County if the applicant fails to obtain requisite approvals or fulfill 4 the obligations imposed by a state or federal agency or undertakes 5 actions that result in a violation of state or federal law. 6 7 8. All other applicable state or federal permits must be obtained before 8 commencement of the development. 9 10 B. The property on which this Conditional Use Permit is being granted/denied is 11 described as follows: 12 13 LOTS 2 AND 3, BLOCK A, KINGS HIGHWAY INDUSTRIAL PARK UNIT 14 ONE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT 15 BOOK 26, PAGE(S) 16, OF THE PUBLIC RECORDS OF ST. LUCIE 16 COUNTY, FLORIDA. 17 18 ADDRESS: 7305 COMMERCIAL CIRCLE, FORT PIERCE, FL 34951 19 20 PARCEL ID: 1335-801-0003-0002 21 22 B. The approvals and authorizations granted by this Resolution are granted to the 23 applicant for the purpose of obtaining a Building Permit or Zoning Compliance 24 from St. Lucie County, and are not assignable to any other party or institution. 25 Should the petitioners choose or decide to assign this business to another entity 26 or individual, a minor adjustment to the Conditional Use Permit shall be required. 27 28 C. The approvals and authorizations granted by this Resolution shall expire on 29 _____________, 2016, unless Certificate of Zoning Compliance is obtained for 30 the uses described in Part A above, or an extension has been granted in 31 accordance with Section 11.07.05(F), St. Lucie County Land Development Code. 32 33 D. The Certificate of Capacity, a copy of which is attached to this resolution, shall 34 remain valid for the period of Conditional Use approval. Should the Conditional 35 Use approval granted by this resolution expire or an extension be sought 36 pursuant to Section 11.07.05(F) of the St. Lucie County Land Development 37 Code, a new Certificate of Capacity document shall be required. 38 39 E. The St. Lucie County Planning and Development Services Department Director 40 is hereby authorized and directed to cause the notation of this resolution to be 41 4.B.d Packet Pg. 81 At t a c h m e n t 4 . B . d : D r a f t R e s o l u t i o n ( 3 3 9 8 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n C o n d i t i o n a l U s e ) March 17, 2016 draft Resolution No. TBD Page 4 RZ 520154943 made on the Official Zoning Map of St. Lucie County, Florida, and to make the 1 notation of reference to the date of adoption of this resolution. 2 3 F. This Resolution shall be recorded in the Public Records. 4 5 After motion and second, the vote on this resolution was as follows: 6 7 Chairman Kim Johnson XXX 8 9 Vice-Chairman Chris Dzadovsky XXX 10 11 Commissioner Frannie Hutchinson XXX 12 13 Commissioner Paula Lewis XXX 14 15 Commissioner Tod Mowery XXX 16 17 18 PASSED AND DULY ADOPTED This ____ Day of ____, 2016. 19 20 BOARD OF COUNTY COMMISSIONERS 21 ST. LUCIE COUNTY, FLORIDA 22 23 24 25 BY _________________________ 26 Chairman 27 28 29 ATTEST: APPROVED AS TO FORM 30 AND CORRECTNESS: 31 32 33 34 __________________________ _________________________ 35 Deputy Clerk County Attorney 36 37 38 39 4.B.d Packet Pg. 82 At t a c h m e n t 4 . B . d : D r a f t R e s o l u t i o n ( 3 3 9 8 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n C o n d i t i o n a l U s e ) March 17, 2016 draft Resolution No. TBD Page 5 RZ 520154943 EXHIBIT A 1 2 3 4 4.B.d Packet Pg. 83 At t a c h m e n t 4 . B . d : D r a f t R e s o l u t i o n ( 3 3 9 8 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n C o n d i t i o n a l U s e ) 4.B.e Packet Pg. 84 At t a c h m e n t 4 . B . e : M a p s ( 3 3 9 8 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n C o n d i t i o n a l U s e ) 4.B.e Packet Pg. 85 At t a c h m e n t 4 . B . e : M a p s ( 3 3 9 8 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n C o n d i t i o n a l U s e ) 4.B.e Packet Pg. 86 At t a c h m e n t 4 . B . e : M a p s ( 3 3 9 8 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n C o n d i t i o n a l U s e ) 4.B.e Packet Pg. 87 At t a c h m e n t 4 . B . e : M a p s ( 3 3 9 8 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n C o n d i t i o n a l U s e ) 4.B.e Packet Pg. 88 At t a c h m e n t 4 . B . e : M a p s ( 3 3 9 8 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n C o n d i t i o n a l U s e ) 4. B . f Pa c k e t P g . 8 9 Attachment4.B.f: Application (3398 : Res- Commercial Circle Rehabilitation Conditional Use) 4. B . f Pa c k e t P g . 9 0 Attachment4.B.f: Application (3398 : Res- Commercial Circle Rehabilitation Conditional Use) 4. B . f Pa c k e t P g . 9 1 Attachment4.B.f: Application (3398 : Res- Commercial Circle Rehabilitation Conditional Use) 4. B . f Pa c k e t P g . 9 2 Attachment4.B.f: Application (3398 : Res- Commercial Circle Rehabilitation Conditional Use) 4. B . f Pa c k e t P g . 9 3 Attachment4.B.f: Application (3398 : Res- Commercial Circle Rehabilitation Conditional Use) 4. B . f Pa c k e t P g . 9 4 Attachment4.B.f: Application (3398 : Res- Commercial Circle Rehabilitation Conditional Use) PLEASE CALL THE NUMBER LISTED BELOW IF THERE ARE ANY PROBLEMS WITH THIS DOCUMENT ENGINEERING DESIGN & CONSTRUCTION, INC CIVIL ENGINEERS SPECIALIZING IN LAND DEVELOPMENT 1934 Tucker Court, Fort Pierce, FL 34950 ph:(772) 462-2455 fx:(772) 462-2454 Visit us at: www.edc-inc.com LOTS 2 AND 3, BLOCK A, KINGS HIGHWAY INDUSTRIAL PARK UNIT ONE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 26, PAGE(S) 16, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. ADDRESS: 7305 COMMERCIAL CIRCLE FORT PIERCE, FL. 34951 4.B.f Packet Pg. 95 At t a c h m e n t 4 . B . f : A p p l i c a t i o n ( 3 3 9 8 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n C o n d i t i o n a l U s e ) 4. B . f Pa c k e t P g . 9 6 Attachment4.B.f: Application (3398 : Res- Commercial Circle Rehabilitation Conditional Use) 4. B . f Pa c k e t P g . 9 7 Attachment4.B.f: Application (3398 : Res- Commercial Circle Rehabilitation Conditional Use) 4. B . f Pa c k e t P g . 9 8 Attachment4.B.f: Application (3398 : Res- Commercial Circle Rehabilitation Conditional Use) 4. B . f Pa c k e t P g . 9 9 Attachment4.B.f: Application (3398 : Res- Commercial Circle Rehabilitation Conditional Use) 4. B . f Pa c k e t P g . 1 0 0 Attachment4.B.f: Application (3398 : Res- Commercial Circle Rehabilitation Conditional Use) 4. B . f Pa c k e t P g . 1 0 1 Attachment4.B.f: Application (3398 : Res- Commercial Circle Rehabilitation Conditional Use) 4. B . f Pa c k e t P g . 1 0 2 Attachment4.B.f: Application (3398 : Res- Commercial Circle Rehabilitation Conditional Use) 4. B . f Pa c k e t P g . 1 0 3 Attachment4.B.f: Application (3398 : Res- Commercial Circle Rehabilitation Conditional Use) 4. B . f Pa c k e t P g . 1 0 4 Attachment4.B.f: Application (3398 : Res- Commercial Circle Rehabilitation Conditional Use) 4. B . f Pa c k e t P g . 1 0 5 Attachment4.B.f: Application (3398 : Res- Commercial Circle Rehabilitation Conditional Use) 4. B . f Pa c k e t P g . 1 0 6 Attachment4.B.f: Application (3398 : Res- Commercial Circle Rehabilitation Conditional Use) 4. B . f Pa c k e t P g . 1 0 7 Attachment4.B.f: Application (3398 : Res- Commercial Circle Rehabilitation Conditional Use) 4. B . f Pa c k e t P g . 1 0 8 Attachment4.B.f: Application (3398 : Res- Commercial Circle Rehabilitation Conditional Use) 4. B . f Pa c k e t P g . 1 0 9 Attachment4.B.f: Application (3398 : Res- Commercial Circle Rehabilitation Conditional Use) 4.B.f Packet Pg. 110 At t a c h m e n t 4 . B . f : A p p l i c a t i o n ( 3 3 9 8 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n C o n d i t i o n a l U s e ) 4.B.f Packet Pg. 111 At t a c h m e n t 4 . B . f : A p p l i c a t i o n ( 3 3 9 8 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n C o n d i t i o n a l U s e ) 4.B.f Packet Pg. 112 At t a c h m e n t 4 . B . f : A p p l i c a t i o n ( 3 3 9 8 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n C o n d i t i o n a l U s e ) 4. B . f Pa c k e t P g . 1 1 3 Attachment4.B.f: Application (3398 : Res- Commercial Circle Rehabilitation Conditional Use) 4. B . f Pa c k e t P g . 1 1 4 Attachment4.B.f: Application (3398 : Res- Commercial Circle Rehabilitation Conditional Use) 4. B . f Pa c k e t P g . 1 1 5 Attachment4.B.f: Application (3398 : Res- Commercial Circle Rehabilitation Conditional Use) 4. B . f Pa c k e t P g . 1 1 6 Attachment4.B.f: Application (3398 : Res- Commercial Circle Rehabilitation Conditional Use) 4. B . f Pa c k e t P g . 1 1 7 Attachment4.B.f: Application (3398 : Res- Commercial Circle Rehabilitation Conditional Use) 4. B . f Pa c k e t P g . 1 1 8 Attachment4.B.f: Application (3398 : Res- Commercial Circle Rehabilitation Conditional Use) 4. B . f Pa c k e t P g . 1 1 9 Attachment4.B.f: Application (3398 : Res- Commercial Circle Rehabilitation Conditional Use) X. I INSTITUTIONAL. 1. Purpose. The purpose of this district is to provide and protect and environment suitable for institutional, public, and quasi-public uses, together with such other uses as may be compatible with institutional, public, and quasi-public 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. Community residential homes subject to the provisions of Section 7.10.07. (999) b. Family day care homes. (999) c. 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 the 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) d. Institutional residential homes. (999) e. Parks. (999) f. Police and fire protection. (9221,9224) g. Recreational activities. (999) h. Religious organizations. (866) 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. Amphitheaters. (999) b. Cemeteries. (6553) c. Membership organizations. (86) d. Correctional institutions. (9223) e. Cultural activities and nature exhibitions. (999) f. Educational services and facilities. (82) g. Executive, legislative, and judicial functions. (91, 92, 93, 94, 95, 96, 97) h. Fairgrounds. (999) i. Funeral and crematory services. (726) j. Theaters. (999) k. Medical and other health services. (80) l. Postal service. (43) m. Residential care facilities for serious or habitual juvenile offenders. (999) n. Social services. (83) o. Sporting and recreational camps. (7032) p. Stadiums, arenas, race tracks. (794) q. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 4.B.g Packet Pg. 120 At t a c h m e n t 4 . B . g : I n s t i t u t i o n a l Z o n i n g D i s t r i c t U s e s ( 3 3 9 8 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n C o n d i t i o n a l U s e ) 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Drinking places (alcoholic beverages related to civic, social, and fraternal uses). (999) b. Restaurants. (Including the sale of alcoholic beverages for on-premises consumption only.) (999) c. Funeral and crematory services. (726) d. Heliport landing/takeoff pads. (999) e. Detached single-family dwelling unit or mobile home, for on-site security purposes. (999) f. Residence halls or dormitories. (999) g. Solar energy systems, subject to the requirements of Section 7.10.28   4.B.g Packet Pg. 121 At t a c h m e n t 4 . B . g : I n s t i t u t i o n a l Z o n i n g D i s t r i c t U s e s ( 3 3 9 8 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n C o n d i t i o n a l U s e ) 4. B . h Pa c k e t P g . 1 2 2 Attachment4.B.h: Public Notice Items (3398 : Res- Commercial Circle Rehabilitation Conditional Use) 4.B.h Packet Pg. 123 At t a c h m e n t 4 . B . h : P u b l i c N o t i c e I t e m s ( 3 3 9 8 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n C o n d i t i o n a l U s e ) 4.B.h Packet Pg. 124 At t a c h m e n t 4 . B . h : P u b l i c N o t i c e I t e m s ( 3 3 9 8 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n C o n d i t i o n a l U s e ) Date Mailed 03/05/2016 Planning and Development Services Department 772.462. 2822 Applicant NDW Holdings, LLC Nathan Kakon 2500 N. Federal Highway #103 Fort Lauderdale, FL 33305 File Number RZ 520154943 & CU 1020154941 Project Location 7305 Commercial Circle, 130 feet west of Kings Highway Future Land Use TVC (Towns, Villages and Coun- tryside) Zoning Existing: IL (Industrial, Light) Proposed: I (Institutional) Staff Recommendation Forward this petition to the Board of County Commissioners with a recommendation of denial. Public Hearing Notice Thursday, March, 17, 2016 Notice of Proposed Change in Zoning From IL (Industrial, Light) to I (Institutional) and Conditional Use Permit for a Drug and Alcohol Rehabilitation Center Project Description NDW Holdings, LLC has requested a change in zoning from the IL (Industrial, Light) Zoning District to the I (Institutional) Zoning District to allow for the consideration of a concurrent condi- tional use application for the establish- ment of a drug and alcohol detox rehabil- itation center. The 1.93 acre parcel con- tains a 14,776 square foot building origi- nally constructed for a tax software de- velopment business. The parcel is locat- ed within the Kings Highway Industrial Park, 130 feet west of Kings Highway. Further details are available in the Planning and Development Services Department—please contact: Staff Diana Waite, AICP Tel 772.462.1577 Email waited@stlucieco.org Mail 2300 Virginia Avenue Fort Pierce, FL 34982 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 «Owner1 Fname»«Owner1 Lname» «Address» «City», «State» «ZIP» Meeting Time: 6:00 PM (or soon thereafter ) PLANNING AND ZONING COMMISSION 4.B.h Packet Pg. 125 At t a c h m e n t 4 . B . h : P u b l i c N o t i c e I t e m s ( 3 3 9 8 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n C o n d i t i o n a l U s e ) Revised March 17, 2011    Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written  protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent  or more of the area within five hundred (500) feet of the property affected by the proposed action, any  such Conditional Use Permit shall not be approved except by the favorable vote of four fifths (4/5) of  all of the Board of County Commissioners.     Please Return This Form To:   St. Lucie County Planning & Dev. Serv. Dept. ‐Planning Div.   ATTN: Diana Waite, Senior Planner   2300 Virginia Avenue, Ft. Pierce, FL  34982   Email waited@stlucieco.org or Fax (772) 462‐1581      Please check only one of the three following statements, and return by: March 16, 2016.  Forms  returned without a name and address will not be considered.  All returned forms are a matter of public  record and available for viewing upon request.  Please attach additional pages with comments if  necessary.    I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE  ___     I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE  ___    I HAVE NO OPINION ABOUT THE PROPOSED CONDITIONAL USE ___      I certify that as of the date written below, I am a property owner within 500 feet of the proposed  Conditional Use.     Name (Please Print):             ____________________________________________________    Address:    ____________________________________________________    ____________________________________________________    Date:    _           _____  Signature: __________________________      Please call, Diana Waite, Project Manager at (772) 462‐1577 if you have any questions.    PLANNING AND DEVELOPMENT SERVICES DEPARTMENT Planning Division  CONDITONAL USE REPONSE FORM Project Description: Conditional Use Permit for a Drug and Alcohol Rehabilitation Center  Project Location: 7305 Commercial Circle, 130 feet west of Kings Highway  Current Zoning: IL (Industrial, Light)File No.:CU1020154941  Proposed  Zoning: I (Institutional) File No.:RZ 520154943  4.B.h Packet Pg. 126 At t a c h m e n t 4 . B . h : P u b l i c N o t i c e I t e m s ( 3 3 9 8 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n C o n d i t i o n a l U s e ) Parcel ID Owner1 Lname Owner1 Fname Owner2 Lname Owner2 Fname Address City State ZIP 133580300010004 Aaa Cooper Transportation PO Box 6827 Dothan AL 36302 133580100020005 APCS Inc 2001 N Kings Hwy Fort Pierce FL 34951 133544300010000 APCS Inc PO Box 650808 Vero Beach FL 32965 133580100030002 Commonwealth Multi-Properties Inc 16370 NW 8th Dr Pembroke Pines FL 33028 Agent Currie Bradley 469 NW Prima Vista Blvd Port St Lucie FL 34983 133580100430004 Eade John L 7324 Commercial Cir Fort Pierce FL 34951 133580100080007 Fraternia Corp 3400 Hanson Ct La Crosse WI 54603 133580100180000 Jacquin Paul E Jacquin Cheryl A PO Box 4343 Fort Pierce FL 34948 133580100420007 K and J Rental LLC PO Box 6181rd Vero Beach FL 32961 Applicant Kakon Nathan NDW Holdings LLC 2500 N Federal Hwy Ste 103Fort Lauderdale FL 33305 133633200150003 Minton Sun LLC 2000 N Kings Hwy Fort Pierce FL 34951 230211100030005 NSLRWCD 14666 Orange Ave Fort Pierce FL 34945 133633100000002 Omega Groves Llc %Michael Minton PO Box 2757 Fort Pierce FL 34954 133580100400003 Pressure Pro Inc 7300 Commercial Circle Fort Pierce FL 34951 133544100010004 Reid Julian M Reid Julie M 4220 70th Av Vero Beach FL 32961 133633300020002 SFWMD Attn: Land Management PO Box 24680 West Palm Beach FL 33416 230160100130009 State of Florida DOT 3400 W Commercial Blvd Fort Lauderdale FL 33309 230211100040002 Tavmel Investments LC % Paulo Melo 39 AC Hollman Land LLLP 150 SE 2nd Ave # 800 Miami FL 33131 133580100290000 Unifirst Corporation 68 Jonspin Rd Wilmington MA 01887 4.B.h Packet Pg. 127 At t a c h m e n t 4 . B . h : P u b l i c N o t i c e I t e m s ( 3 3 9 8 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n C o n d i t i o n a l U s e ) 16A »Wednesday,March 2,2016 »TREASURE COASTNEWSPAPERS»SC from 1a butright nowwehaven’t beengiven direction as to what those needsare.” Askedwhat“emergency response activities”are called forinthe orderthe DEPhas decidedtotake, spokeswomanLoriElliott repeated Scott’sposition that thefederal govern- mentisresponsible for thedischargesbyinade- quatelyfundingrepairsto theHerbert Hoover Dike around Lake Okeechobee. Theneed:Money TimKenney,owner of theTacklefor Less bait shop near theRoosevelt Bridge in Stuart,saidhe triedMonday to tell state andfederal officials ex- actlywhatheand others withbusinessestiedtothe riverand theIndianRiver Lagoon need. When Scott’sdeclara- tion wasannounced,Ken- ney said he thought“busi- nesseslikeminewould getsomehelp,like the businessesaffected bythe Gulf(ofMexico)oilspill.” Kenney said salesinhis shop thispastFebruary aredown65to70percent compared with February last year.Hecalledthe of- ficesofU.S.Sen.Marco Rubio,Scottand Koon,as well as theAtlanta office of theFederal Emergency ManagementAgency,to seeiffinancialhelpwould be available. “All Igot wasarun- around,”he said.“Iwas told that theonlyway therewould be anyfinan- cial assistance wasfor thepresident to declarea national emergency.And there’snothinginScott’s declaration asking (Presi- dent Barack)Obamato do that.” STillwaiTing St.Lucie Countyoffi- cialshavebeenintouch with stateagenciesbut are“stillawaitingfurther information andguid- ance on thestepsthatwill be takenand therolewe will be playing,”saidNi- cole Fogerty,thecounty’s legislativeaffairsmanager. Meanwhile,Lake Owa- tercontinuestopourinto theSt.LucieRiver at arate of more than 2billion gal- lons aday,atotal of about 67.5billion gallonssince the discharges beganJan.30. Acombination ofLake O discharges andrainwater draining off farmland in westernMartinand St.Lu- ciecountieshas turned the St.Lucie Riverbrown and removedall thesalinity in theestuary,which threat- enstowipeout allthe riv- er’s oystersand seagrass. Aplume of brownwater extendsout theSt.Lucie Inletabout 2miles into theAtlanticand stretches southalong northern Jupi- terIslandbeaches to near Hobe Sound. “Ifsomethingisan emergency,youact on it immediately,”Kenney said.“That’s part of the definition of ‘emergency.’ “Thisso-called declara- tion of emergencyisjust rhetoric.” Thestate of emergency ends March27but canbe extendedtoMay 26.The discharges areexpectedto last at leastthatlong. EMERGENCY from 1A Iwas told that theonlyway therewould be anyfinan- cial assistance wasfor thepresi- dent to declareanationalemer- gency.Andthere’s nothingin Scott’sdeclaration asking (Presi- dent Barack)Obama to do that.” TimKenney,owner ofTackleforLess baitshop in Stuart StormShieldApp.com FABRIC SALE! Over 3500 Rolls In Stock “WeWelcome YouToCompare Our Already Lowest Prices In Town” In StockFabrics Est.1968 283-1474 2520 KANNER HWY.•STUART TCN3037650 20%OFF In-stockFabrics over3500rolls in stock Not to be combined with other offers.Must present coupon at time of purchase 3/31/16 With our support,families can be moreconfident caregivers and spend morequality time together.Tolearn more,call us at (866)999-4550orvisittchospice.org. “Peggy cared forour mom at home during along illness so Mom could be with the familyshe loved.But in the final months when Mom’s condition gotworse, her doctor recommended TreasureCoastHospice. Th ey provided expertcarefor Mom,supportedour caregiving and guided the whole family.This wasthe relief we needed to enjoytime with Mom.” –Ellen and Peggy Margaret’s daughters Caring forall thanks to the generosity of our community. ST.LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA March 17,2016 NOTICE OF APETITIONTOAMENDTHE OFFICIAL ZONINGATLASOFST.LUCIECOUNTYAND GRANT ACONDITIONAL USE PERMIT TO ALLOW FOR THE ESTABLISHMENT OF ADRUGAND ALCOHOL REHABILITATIONCENTER The St.Lucie County Planning and Zoning Commission is scheduled to reviewand make recommendations regarding the following items petitionedbythe applicant foradoption by the Board of County CommissionersofSt.Lucie County,Florida,by resolution: RESOLUTIONNO.TBD ARESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST.LUCIE COUNTY GRANTING ACHANGE IN ZONING FROM THE IL (INDUSTRIAL,LIGHT)ZONING DISTRICT TO THE I(INSTITUTIONAL)ZONING DISTRICT FOR APARCEL LOCATED IN ST.LUCIE COUNTY,FLORIDA. AND RESOLUTIONNO.TBD ARESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS GRANTING NDW HOLDINGS,LLC ACONDITIONAL USE PERMIT TO ESTABLISH ADRUGAND ALCOHOL REHABILITATION CENTER IN THE I(INSTITUTIONAL)ZONING DISTRICT FOR PROPERTY LOCATED IN ST.LUCIE COUNTY,FLORIDA. APPLICANT:NDWHoldings,LLC FILE NUMBER:RZ 1020152943and CU 1020154941 PURPOSE:Allowfor a60bed Drug and Alcohol Rehabilitation Center. LOCATION:7305 Commercial Circle,FortPierceFL,130feet west of the entrance to theKing’sHighway Industrial Park. The Planning and Zoning Commission PUBLIC HEARING on this item will be held in the Commission Chambers,Roger Poitras Annex,3rdFloor,St.Lucie CountyAdministration Building,2300 Virginia Avenue, FortPierce,Florida on Thursday,March 17,2016 beginning at 6:00pmor assoon thereafteraspossible. All interested persons will be given an opportunitytobeheard.Writtencomments received in advance of the public hearing will also be considered.Writtencomments to the Planning and Zoning Commission should be received by the Planning and Development Services Department -Planning Division at least 3daysprior to the scheduled hearing.The petition file is available forreviewatthe Planning and Development Services Department–PlanningOffices located at 2300 Virginia Avenue,2nd Floor,FortPierce,Florida,during regular business hours.Please call (772)462-2822 or TDD (772)462-1428 if youhaveany questions or require additional information about this petition. The St.Lucie CountyPlanning and Zoning Commission has the powertoreviewand recommend to the St.Lucie CountyBoardofCountyCommissioners,forapproval or disapproval,anyapplications within their area of responsibility. The proceedings of the Planning and Zoning Commission areelectronicallyrecorded.PURSUANT TO SECTION 286.0105,FLORIDASTATUTES,if aperson decides to appeal anydecision made by the Planning and Zoning Commission with respect to anymatterconsidered at ameeting or hearing,heorshe will need arecordofthe proceedings.For such purpose,heorshe mayneed to ensurethat averbatim recordofthe proceedingsis made,which recordincludes the testimonyand evidenceupon whichthe appeal isto bebased. Upon the request of anyparty to the proceeding,individuals testifying during ahearing will be swornin. Anyparty to the proceeding will be granted an opportunitytocross-examine anyindividual testifying during a hearing upon request.If it becomes necessary,apublic hearing maybecontinuedto adatecertain. Anyone with adisabilityrequiring accommodation to attend this meeting should contact the St.Lucie County Risk Manager at least forty-eight (48)hoursprior to the meeting at (772)462-1546 orT.D.D.(772)462-1428. PLANNING AND ZONING COMMISSION/ LOCALPLANNINGAGENCY ST.LUCIE COUNTY,FLORIDA /S/STEPHANIE MORGAN,CHAIRMAN PUBLISH DATE:March 3,2016 3754 SE Ocean Blvd.,Sewall’sPoint 772-288-1222 Accepting reservations forparties of 6ormore Outside bar is OPEN! Sunset menu 4-5:30pm Daily 2for 1Well Drinks, House Wines & Domestic Draft Beer 4pm-close Entrees $13.99 LOCALS NIGHT Every We dnesday TCN3018364 4pm -Close Ad N u m b e r : In s e r t i o n N u m b e r : Si z e : Co l o r T y p e : 93 5 0 0 3 N/ A 3 C o l x 1 0 i n N/ A Ad v e r t i s e r : Ag e n c y : Se c t i o n - P a g e - Z o n e ( s ) : De s c r i p t i o n : St L u c i e C o u n t y G r o w t h M a n a g e m e n t N/ A A- 1 6 - A l l CO M M E R C I A L C I R C L E We d n e s d a y , M a r c h 0 2 , 2 0 1 6 4.B.h Packet Pg. 128 At t a c h m e n t 4 . B . h : P u b l i c N o t i c e I t e m s ( 3 3 9 8 : R e s - C o m m e r c i a l C i r c l e R e h a b i l i t a t i o n C o n d i t i o n a l U s e ) ITEM NO. (ID # 3401) DATE: 03/17/2016 AGENDA REQUEST *PUBLIC HEARINGS LEGISLATIVE BACKGROUND: At the January 12, 2016 informal meeting, the Board discussed the issue of regulating the location and use of commercial composting facilities. At that meeting, the Board requested County staff study the issue and develop regulations for the Board’s consideration. The study will include a review of other local government regulations for commercial composting and provide additional information on the needs and potential impact of these facilities. Draft recommendations will be developed to ensure the County has all protections necessary. The draft Ordinance, if adopted, would postpone the issuance of development permits for commercial composting facilities for the earlier of 1) a period of three hundred thirty (330) days from the adoption of the Stop Gap Ordinance or 2) the effective date of the adoption of regulations resulting from the study. This Ordinance is not intended to affect backyard composting by residential homeowners on their own property. PREVIOUS ACTION: February 9, 2016 - Board of County Commissioners granted permission to advertise the stop gap ordinance. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Planning and Zoning Commission forward a recommendation of approval to the Board of County Commissioners. COMMISSION ACTION: TO: St. Lucie County Planning & Zoning Commission PRESENTED BY: Diana Waite, Senior Planner SUBMITTED BY: Planning Division SUBJECT: Stop Gap Ordinance - Commercial Composting Facilities 4.C Packet Pg. 129 Updated: 3/11/2016 8:58 AM by Bonnie Landry Page 2 Coordination/Signatures 4.C Packet Pg. 130 1 ORDINANCE NO. 16-XXX AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA, (THE “COUNTY”), PROVIDING FOR POSTPONEMENT OF ISSUANCE OF CERTAIN COMPREHENSIVE PLAN AMENDMENTS AND CONCERNING DEVELOPMENT ORDERS WITHIN UNINCORPORATED ST. LUCIE COUNTY CONCERNING DEVELOPMENT WHICH INVOLVES COMMERCIAL COMPOSTING FACILITIES DURING A SPECIFIED TERM; PROVIDING FOR WAIVER, VESTED RIGHTS, APPEALS, EXHAUSTION OF ADMINISTRATIVE REMEDIES; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE AND ADOPTION WHEREAS, the Board of County Commissioners (“Board”) of St. Lucie County (“County”), Florida, presently is working with its staff and professional consultants to prepare comprehensive plan amendments and land development regulations that will govern the location and development of commercial facilities in the unincorporated County that will process solid waste or biosolids (domestic wastewater residuals) to produce compost; and WHEREAS, the Board finds that the regulation of commercial composting facilities is necessary and appropriate to guide the future use and development of land in the unincorporated County, and to protect the public health, welfare and safety, including but not limited to the environmental resources of the County and surrounds areas; and WHEREAS, the Board wishes to ensure that all amendments to the County’s comprehensive plan, amendments to the County’s Official Zoning Atlas, and the issuance of development orders concerning commercial composting facilities are temporarily postponed until the County has a reasonable opportunity to complete its analysis of the relevant issues, and complete the formulation and implementation of the necessary amendments to the County’s comprehensive plan, zoning code, and other land development regulations (collectively, the “Regulations”); and WHEREAS, the County’s Local Planning Agency has reviewed the provisions in this Ordinance and determined that these provisions are consistent with the applicable provisions in the County’s Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida as follows: Section 1. RECITALS ADOPTED. Each of the recitals set forth above is hereby adopted and confirmed. 4.C.a Packet Pg. 131 At t a c h m e n t 4 . C . a : D r a f t S t o p G a p O r d i n a n c e ( 3 4 0 1 : O R D - S t o p G a p f o r C o m m e r c i a l C o m p o s t i n g ) 2 Section 2. TEMPORARY POSTPONEMENT OF CERTAIN COUNTY ACTIONS; APPLICABILITY. A. During the time that this Ordinance is in effect, as specified in Section 3 below, no application for a comprehensive plan amendment, amendments to the Official Zoning Atlas, or development order (as defined in Section 163.3164, Florida Statute) concerning the development of a commercial composting facility on property in unincorporated St. Lucie County shall be processed, granted, or otherwise approved. All such applications shall be held in abeyance by the County, until the end of the term of this Ordinance, as described in Section 3, below. B. For the purposes of this Ordinance, a “commercial composting facility” shall mean a facility that uses composting techniques or technology to process solid waste, biosolids (i.e., domestic wastewater residuals), or other organic matter as part of a commercial business or venture. Processing includes but is not limited to physical turning, windrowing, aeration, and other means of mechanically handling solid waste, biosolids, or other organic matter to produce compost. C. Notwithstanding anything else contained herein this ordinance shall not apply to: 1. A public purpose project, if the applicant is a governmental entity and the applicant demonstrates to the County’s satisfaction that the public interest would be significantly and adversely affected if the application for the proposed project is delayed by the requirements of this Ordinance; or 2. A development that is protected from a change in county ordinances, to the extent provided by Section 163.3233, Florida Statutes, for those statutory development agreements that already have been entered into. Section 3. TERM OF THIS ORDINANCE. The County shall move forward expeditiously with the development, adoption, and implementation of the Regulations concerning commercial composting facilities. This Ordinance shall remain in effect only for so long as is reasonably necessary for the Board to adopt such Regulations and for those Regulations to take effect. Accordingly, the term of this Ordinance shall expire, and this Ordinance shall have no further force or effect, after the date when the Regulations take effect, or three hundred thirty (330) days after the date of the adoption of this Ordinance, whichever occurs first, unless the term of this Ordinance is extended by the Board. The Board may extend the term of this Ordinance for up to an additional thirty (30) days by resolution, if the Board finds that the extension is necessary and in the public interest. Section 4. WAIVERS. Notwithstanding the provisions in Section 2 above, an applicant for the development of property within the unincorporated County may apply to the Board for a waiver of 4.C.a Packet Pg. 132 At t a c h m e n t 4 . C . a : D r a f t S t o p G a p O r d i n a n c e ( 3 4 0 1 : O R D - S t o p G a p f o r C o m m e r c i a l C o m p o s t i n g ) 3 the requirements in Section 2.A, above, so that the applicant’s application may be reviewed without delay. In such cases, the Board shall consider the request for a waiver at a public meeting, which shall be held within 45 days after the County receives the applicant’s request. At the public meeting, the applicant shall have the burden of demonstrating to the Board’s satisfaction that: (a) granting the applicant’s request for a waiver will not detrimentally affect the preparation and implementation of the Regulations; (b) the proposed project will be compatible with surrounding land uses; and (c) the proposed project will not adversely affect the public health, safety or welfare. If the applicant carries its burden of proof, the Board may grant a waiver and thus allow the applicant’s application to be submitted, reviewed and processed concurrently with the Regulations. However, a development order shall not be issued for such application until the necessary comprehensive plan amendments are in effect and the application is found to be consistent with adopted land development regulations. Section 5. VESTED RIGHTS. A. Nothing in this Ordinance shall be construed or applied to abrogate the vested right of a property owner to complete development where the property owner demonstrates each of the following: 1. A government act of development approval was obtained prior to the effective date of this Ordinance; and 2. The property owner has detrimentally relied, in good faith, on the governmental approval by making a substantial change in position or incurring extensive obligations and expenses; and 3. It would be highly inequitable to deny the property owner the right to complete the development. B. Any property owner claiming to have vested rights under this Section 5 must file an application with the Board for a vested rights determination within 30 days after the effective date of this Ordinance. The application shall be accompanied by a fee of $1,500.00 and shall contain a sworn statement as to the facts upon which the vested rights are asserted, together with any documentary evidence supporting the claim. The Board shall hold a public hearing on the application and, based upon the evidence submitted, shall make a determination as to whether or not the property owner has established vested rights. To the extent that a property owner demonstrates vested rights, the prohibitions established in Section 2.A of this Ordinance shall apply. Section 6. APPEALS. Any appeal from a final decision by the Board under Section 4 or Section 5 of this Ordinance shall be pursued by filing a Petition for Certiorari in the Circuit Court of the 19th Judicial 4.C.a Packet Pg. 133 At t a c h m e n t 4 . C . a : D r a f t S t o p G a p O r d i n a n c e ( 3 4 0 1 : O R D - S t o p G a p f o r C o m m e r c i a l C o m p o s t i n g ) 4 Circuit, in and for St. Lucie County, in accordance with the Florida Rules of Appellate Procedure for the review of the quasi-judicial rulings of local government agencies. Section 7. EXHAUSTION OF ADMINISTRATIVE REMEDIES. A property owner claiming that this Ordinance, as applied, constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights shall not pursue such claim in court unless he or she has first exhausted the administrative remedies provided in this Ordinance. Section 8. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. Section 9. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. Section 10. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. Section 11. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. Section 12. EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. Section 13. ADOPTION. After motion and second, the vote on this ordinance was as follows: Kim Johnson, Chairman XXX 4.C.a Packet Pg. 134 At t a c h m e n t 4 . C . a : D r a f t S t o p G a p O r d i n a n c e ( 3 4 0 1 : O R D - S t o p G a p f o r C o m m e r c i a l C o m p o s t i n g ) 5 Chris Dzadovsky, Vice Chairman XXX Commissioner Tod Mowery XXX Commissioner Paula A. Lewis XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this ______ day of ____________________, 2016. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA ______________________________ BY: _____________________________ Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: _____________________________ County Attorney 4.C.a Packet Pg. 135 At t a c h m e n t 4 . C . a : D r a f t S t o p G a p O r d i n a n c e ( 3 4 0 1 : O R D - S t o p G a p f o r C o m m e r c i a l C o m p o s t i n g ) 14A»Wednesday,March 2,2016 »TREASURE COASTNEWSPAPERS»SC state By BrendanFarrington AssociatedPress TALLAHASSEE —Republi- canU.S.Rep.David Jolly andDemocratic Rep.Alan Graysonaren’twaiting to wintheirparties’Senate nominationsbefore hold- ingone-on-onedebates. Each candidatean- nouncedTuesday they’ll meet forfourdebates across thestate,regard- less of thefactthatJolly stillhas four otherRe- publicanstobeatand Graysonhas to defeat U.S. Rep.PatrickMurphyof Jupiterbefore they canget on theNovemberballot. Theircampaigns an- nouncedthe decision simultaneously,eachde- claringtheotherthe party front-runnerbased on a poll released earlierinthe day.Thesamepollshowed roughlyhalfthe voters in each race areundecided. “These debates aspire to aLincoln-Douglas model, wherepolicystanceson national security,health care,and otherpressing issues of theday will be defendedand disputed, andinplaceswhere Flori- da’s voters cansee or hear it,”bothcampaigns said in separate newsreleases. Jollynoted that control of theSenatecoulddepend on whom Floridaelects. “Rep.Grayson has chal- lenged me to aseriesof four debates to contrast ourdiffering viewsfor thefutureofFlorida and thecountry.Iaccept,”Jolly said. “Floridafacesserious issues,and deserves a seriousdebate,”Grayson said.“I’mhonored that Rep.Jollyhas accepted that awesomeresponsi- bility.Not allcandidates would.As theleaders in thisrace,weowe it to the peopleofFlorida.” University of Florida politicalscience profes- sorDanielSmith said it’s “alittle grandiose”to com- pare theplanned debates to those held in the1858 Senate race betweenRe- publican AbrahamLincoln andincumbent Democrat StephenDouglas. “Why stop there?Why not just flipacointode- clareone or theother the winnerinthegeneralelec- tion?”Smithsaid. JollyisfacingU.S.Rep. RonDeSantis,Lt.Gov. Carlos Lopez-Cantera,and businessmenTodd Wilcox andCarlosBeruff in the GOPprimary. Graysonisbetter knownthanMurphy,his primary rival,butMurphy is raisingmore moneyand has thebacking of Demo- craticPartyleaders.Gray- sonisalsothe subjectofa HouseEthics Committee investigationintoahedge fundhemanages,which Murphy has used to at- tack him. Thefirsttwo debates willbe held inJolly’shome region of TampaBay and Grayson’shometownof Orlando.The lasttwowill be held in theRepublican stronghold of Jacksonville andSouth Florida,where Democratsdominate. Whywait?Senatehopefuls Jolly,Grayson agree to debate associatedpressfilephotos U.s.reps.david Jolly (left)andalanGrayson have agreed to meet forfourdebates acrossthe state,despite thefactthat neither haswon hisrespectiveparty’s senatenominations. Whystopthere?Why notjustflip acointo declareone or theother the winner in thegeneral election?” DanielSmith,UniversityofFlorida political scienceprofessor The St.Lucie County BoardofCounty Commissioners proposes to adopt the following Ordinance: ORDINANCE NO.TBD AN ORDINANCE OF ST.LUCIE COUNTY,FLORIDA,(THE “COUN- TY”),PROVIDING FOR POSTPONEMENT OF ISSUANCE OF CER- TAIN COMPREHENSIVE PLAN AMENDMENTS AND DEVELOP- MENT ORDERS WITHIN UNINCORPORATED ST.LUCIE COUNTY CONCERNING DEVELOPMENT WHICH INVOLVES COMMERCIAL COMPOSTING FACILITIES DURING ASPECIFIED TERM;PROVID- ING FOR WAIVER,VESTED RIGHTS,APPEALS,EXHAUSTION OF ADMINISTRATIVE REMEDIES;PROVIDING FOR CONFLICTING PROVISIONS,SEVERABILITY AND APPLICABILITY;PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE;PROVIDING FOR AN EFFECTIVE DATE AND ADOPTION APUBLIC HEARING on the proposed Ordinance will be held beforethe St. Lucie County Local Planning Agency/Planning and Zoning Commission on Thursday,March 17,2016,at 6:00 p.m.,or as soon thereafter as the matter may be heardinthe St.Lucie County Commission Chambers at the St.Lucie County Administration Building Annex,ThirdFloor,2300 Virginia Avenue,Fort Pierce,Florida.Matters affecting your personal and property rights may be heardand acted upon.All interested persons areinvited to attend and be heard.Written comments received in advance of the public hearing will also be considered. The purpose of this public hearing is to postpone the processing and issu- ance of certain Comprehensive Plan amendments to the Official Zoning At- las and development orders which concerncommercial composting facilities during aspecified term. Copies of the proposed ordinance may be obtained from the Planning and Development Services Department,St.Lucie County Administration Building Annex,2300 Virginia Avenue,Fort Pierce,Florida,34982.Amendments to the Ordinance may be made at the public hearing. The St.Lucie County Local Planning Agency has the power to review and recommend to the St.Lucie County BoardofCounty Commissioners,for approval or disapproval,any applications within their area of responsibility.If it becomes necessary,apublic hearing may be continued to adate certain. If any person decides to appeal any decision made with respect to any matter considered at the meetings or hearings of any board,committee,commis- sion,agency,council or advisory group,that person will need arecordofthe proceedings and that,for such purpose,may need to ensurethat averbatim recordofthe proceedings is made,which recordshould include the testimo- ny and evidence upon which the appeal is to be based.Upon the request of any party to the proceedings,individuals testifying during ahearing will be swornin.Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during ahearing upon request. Anyone with adisability requiring accommodation to attend this meeting should contact George Landry,Employee Safety and Risk Manager,at(772) 462-1783,or T.D.D.(772)462-1428,at least forty-eight (48)hours prior to the meeting. THIS NOTICE DATED AND EXECUTED this 2nd day of March 2016. LOCAL PLANNING AGENCY/PLANNING AND ZONING COMMISSION ST.LUCIE COUNTY,FLORIDA /s/Stephanie Morgan,Chairman PUBLISH DATE:March 2,2016 NOTICE OF ESTABLISHMENT OR CHANGE OF REGULATIONS AFFECTING THE USE OF LAND NEW YORK,NEW YORK —Iflife isn’thard enough,nowyou have to worry about making it to the bathroom in time.The feeling of your bladder bursting and the down right panic of “not making it”in time can be absolutely over-whelming. God forbid you have to laugh,cough or sneeze at the “wrong”time and when did you start to become scared to takeabig sip of tea,coffee or water? You’re not alone in your battle to control your bladder.According to The National Institute of Health,as many as 33 million Americans are affected by bladder control issues described above. The Family Secret Even the Family Doesn’tKnow “Most people who have overactive bladders choose to keep their problem asecret,”says Dr.TraceySeipel,a long-time clinician who is one of the world’sleading experts in natural urological health care. “Theydon’teventell their spouse or families about it.It affects their livesin every way,influencing where theygo, and even what theywill wear in case they have an accident.” “Black is the color of choice,”says Dr.Seipel, “as it can hide evidence of public accidents.” A100%natural,drug-free solution developed by Dr.Seipel is nowavailable in a remarkable,fast-acting natural formula called Bladder Control. This sophisticated herbal compound has been shown in clinical studies to improve bladder control with reductions in bladder frequency,nocturia (having to urinate at night),urgency,and bladder discomfort, sometimes in as little as twoweeks. No More Running to the Toilet Since its introduction in Australia,more than 25,000 people have successfully used the Bladder Control formula. Dr.Seipel’sformula has made abeliever out of 45-year-old,mother of three,Brandy W.,from Brisbane,Australia. “I had ahigh bladder frequencyasa child,”says Brandy,“butmyfrequencyreally worsened after the birth of my first child.” A friend who wasaware of Brandy’s condition told her about Dr.Seipel’sformula. “After twoweeks,Ihad already noticed changes,”smiles Brandy.** “I wasfinding that although Ifelt Ineeded to urinate,Iwasn’tdesperatetorun tothetoilet.Now, whenIgetup in themorning,”she adds,“I’m able to makethe coffee and even have acup before needing to go,which is agreat improvement!” How Does It Work? “Bladder Control helps aging bladders feel and function years younger by revitalizing bladder tone and function,and by helping improve kidneyhealth,”says Dr.Seipel. “Bladder Control promotes normal urinary frequency,and reduces urgency,nocturia and those embarrassing,away-from-home bladder accidents,”adds Dr.Seipel. “The compound invigorates the tone of the bladder wall,restoring ahealthy levelof firmness by enhancing the bladder’smuscular elasticity.This reduces the frequent urge to urinate,”explains Dr.Seipel. Positive Clinical Trial This natural,drug-free Bladder Control formula hasperformed well in aclinical study. In one early controlled,randomized trial, participants sawresults in as little as two weeks.But the best wasyet to come. Twoweeks later,participants shocked study observers by reporting an astounding 88%improvement in their quality of life. Thirty days later,every study participant, 100%of them,reported that their quality of life had improvedmarkedly. Results likethese are not surprising to Dr. Seipel who single-handedly pioneered the bladder care category in the early 2000’s, receiving an award from the prestigious US Nutrition Business Journal for her work. Her patent-pending formula consisting of select,synergistically paired botanicals like Crateva nurvala,Equisetum arvense and Linderaaggregata,was 15 years in the making. Dr.Seipel searched for an effective,natural solution as an alternative to current treatments that can cause memory loss and have a distressing drying effect on the body,“causing blurredvision,constipation,dry mouth,nausea, and other negative effects,”says Dr.Seipel. Adios to Adult Diapers “Overactive bladder syndrome and/ or urinary incontinence are widespread problems,”says Dr.Seipel.Manyofthese individuals wear adult diapers. Insiders in the adult diaper industry are keeping aclose eyeonDr.Seipel’sbladder support breakthrough because of people like 78-year-old retired teacher,Glenda B.from Gold Coast,Australia. Glenda wore adult diapers every day to guard against accidents. “My bladder capacity wasgood butthe leakage and accidents would occur afew times aday without warning.So,Iwore them every day,”confesses Glenda. Since Glenda discovered Dr.Seipel’s Bladder Control formula,you won’tfind her shopping in the adult diaper section of the store anymore. “After only 10 days on Bladder Control, Istopped wearing my diapers.Now,Iam managing very well,thank you,”says Glenda. According to Euromonitor International, arespected market research firm,the size of the adult diaper market in the U.S.was approximately $1.4 Billion in 2012. Prostate or Bladder? Hard to Tell Manymen confuse the symptoms of overactive bladder syndrome with prostate woes. Dr.Seipel explains,“Prostate enlargement restricts urine flow.The bladder compensates for this by trying harder and harder to push the urine out.” “This causes structural changes to the bladder,”adds Dr.Seipel,“Causing bladder walls to thicken and lose elasticity.” As bladder pressure increases,so does instances of urinary frequencyand urgency. Long after aman’sprostate woes are relieved, he may still experience the same symptoms thanks to his now-overactive bladder. His-and-Her Results “Because male and female bladders,other than size,are identical,”says Dr.Seipel,“the formula works equally well for both men and women”. “It’sahis-and-her formula,”she smiles. David M.,age 46,can attest to this.“I was having to go to the toilet every hour or so and Ihad to go to the toilet at least four times per night.” Four weeks after starting Bladder Control, David says,“My trips to the toilet have definitely reduced and I’mhaving much better sleep,getting up maybe once anight.” If you’re ready to put an end to your go- nowurination urges,to those frantic trips to the bathroom,and if you are looking for the confidence and security that ahealthy bladder can bring to your life,here’syour risk-free opportunity. Special Opportunity for Our Readers Dr Seipel has arranged (for alimited time) to provide our readers afull 60 days to try Bladder Control at home completely Risk Free.That’show confident she is that it will work for you. And...if you call today we are offering a limited number of FREE 30 day bottles as part of our “Fix My Bladder”special promotion, call nowfor details at 1-800-304-8929. In as little as four weeks,you could be sleeping through the night,taking long trips in the car again,and feeling confident and self-assured all without adult diapers or absorbent underwear.Put those padded underwear and adult diapers back on the shelf where theybelong.But don’twait.Supplies are very limited. Call nowat1-800-304-8929. *THISPRODUCTISNOTINTENDEDTODIAGNOSE,TREAT,CUREORPREVENTANYDISEASE.THESESTATEMENTSHAVENOTBEENEVALUATEDBYTHEUSFDA. **ATESTIMONIALREFLECTS THE EXPERIENCEOFONEPERSON.ACTUALRESULTS MAYVARY.WE LOOKFORWARDTOHEARING YOUR SUCCESSSTORIES Dr.Tracey Seipel: Naturopath, Clinical Nutritionist, Herbalist & Diabetes Educator Storeshelves areoverflowing with adult diapersand absorbent underwear We aring Adult Diapers or Pa dded Underwear is No Longer Necessary According to Dr.Seipel,Leaking,Squirming, Squeezing,and Embarrassing Odors...Even Accidents Can Now be aThing of the Past! 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