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HomeMy WebLinkAboutAgenda 04-18-2002St. Lucie County Planning and Zoning Commission/Local Planning Agency Regular Meeting Commission Chambers, 3rd Floor Roger Poitras Annex April 18, 2002 7:00 P.M. AGENDA CALL TO ORDER: A. Pledge of Allegiance B. Roll Call C. Announcements D. Disclosures AGENDA ITEM 1: MEETING MINUTES — March 21, 2002 Action Recommended. Approval Exhibit #1: Minutes of March 21, 2002, meeting AGENDA ITEM 2: ORDINANCE NO.02-002 - Future Land Use Change Continued from January 17, 2002, Meeting. Petition of LIN INDRIO, INC. / PHOENICIAN COUNTRY CLUB for an Ordinance granting a Change in Future Land Use Designation from RE (Residential Estate) to RU (Residential Urban). Staff comments by Dennis Murphy. Action Recommended: Forward Recommendation to County Commission Exhibit #2: Staff Report, Site Plan, and Site Location Maps AGENDA ITEM 3: ORDINANCE NO.02-003 — Extension of the Urban Service Boundary C r ',� , •.;j Continued from January 17, 2002, Meeting. Petition of LIN INDRIO, INC. / PHOENICIAN COUNTRY CLUB for an Ordinance extending the Urban Service Boundary of the St. Lucie County Comprehensive Plan. Staff Comments by Dennis Murphy. Action Recommended. Forward Recommendation to County Commission Exhibit #3: Staff Report, Site Plan, and Site Location Maps AGENDA ITEM 4: JOHN ARIE - FILE NO. RZ-02-005 Petition of JOHNARIE, for a Change in Zoning from the AR-1 (Agricultural, Residential — 1 du/acre) Zoning District to the RS-2 (Residential, Single -Family — 2 du/acre) Zoning District. Staff comments by Hank Flores. Action Recommended: Forward Recommendation to County Commission Exhibit #4: Staff Report, Site Plan, and Site Location Maps AGENDA ITEM 5: INDRIO VENTURES, LLC. - FILE NO. RZ-02-006 Petition of INDRIO VENTURES, LLC., for a Change in Zoning from the AG-1 (Agricultural — 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District. Staff comments by Hank Flores. Action Recommended: Forward Recommendation to County Commission Exhibit #S: Staff Report, Site Plan, and Site Location Maps Page 1 St. Lucie County Planning and Zoning Commission/Local Planning Agency Regular Meeting AGENDA AGENDA ITEM 6: T&T LAND. LTD. - FILE NO. PA-02-003 Petition of T&T LAND, LTD. for a Change in Land Use from RU (Residential Urban) to IND (Industrial). Staff comments by Cyndi Snay. Action Recommended: Forward Recommendation to County Commission Exhibit #6: Staff Report, Site Plan, and Site Location Maps AGENDA ITEM 7: T&T LAND, LTD. - FILE NO. RZ-02-007 Petition of T&T LAND, LTD. for a Change in Zoning from the AG-1 (Agricultural — 1 du/acre) and the AR-1 (Agricultural, Residential — 1 du/acre) Zoning Districts to the IL (Industrial, Light) Zoning District. Staff comments by Cyndi Snay. Action Recommended: Forward Recommendation to County Commission Exhibit #7: Staff Report, Site Plan, and Site Location Maps AGENDA ITEM 8: GULFSTREAM NATURAL GAS SYSTEM LLC. - FILE NO. CU-02-002 Petition of GULFSTREAM NATURAL GAS SYSTEM, LLC., for a Conditional Use Permit to allow a cross country natural gas transmission line. Staff comments by Cyndi Snay. Action Recommended: Forward Recommendation to County Commission Exhibit #8: Staff Report, Site Plan, and Site Location Maps AGENDA ITEM 9: ALF'S SPIRITS AND WINES, INC. - FILE NO. CU-02-003 Petition of ALF'S SPIRITS AND WINES, INC. for a Conditional Use Permit to allow a retail liquor store in the CG (Commercial, General) Zoning District. Staff comments by Hank Flores. Action Recommended. Forward Recommendation to County Commission Exhibit #9: Staff Report, Site Plan, and Site Location Maps AGENDA ITEM 10: LINDA DIMSEY - FILE NO. CU-02-004 Petition of LINDA DIMSEY for a Conditional Use Permit to allow social services (Day Care and Pre -School Facility) in the I (Institutional) Zoning District. Staff comments by Hank Flores. Action Recommended: Forward Recommendation to County Commission Exhibit #10. Staff Report, Site Plan, and Site Location Maps Page 2 St. Lucie County Planning and Zoning Commission/Local Planning Agency Regular Meeting AGENDA AGENDA ITEM 11: ORDINANCE NO.02-005 - PROPERTY MAINTENANCE CODE Staff Comments by Dennis Murphy Action Recommended: Forward Recommendation to County Commission Exhibit #I ]. Staff Report, Site Plan, and Site Location Maps OTHER BUSINESS: A. Other business at Commission Members' discretion. B. Next regular Planning and Zoning Commission meeting will be held on May 16th, 2002, in Commission Chambers at the Roger Poitras Annex Building. 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 decision 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, and that, for such purpose, he may need to insure that a verbatim record of the proceedings is made, which record 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 Community Services Director at least forty-eight (48) hours prior to the meeting at (561) 462-1777 or T.D.D. (561) 462-1428. Any questions about this agenda may be referred to the St. Lucie County Planning Division at (561) 462-1586. Page 3 � p IIEStR9 ra6vd ^ar 5 St. Lucie County``�as Planning and Zoning Commission Meeting Minutes REGULAR MEETING March 21, 2002 Commission Chambers, 3rd Floor, Roger Poitras Annex 7:00 p.m. MEMBERS PRESENT: Mr. Grande, Mr. McCurdy, Mr. Lounds, Mr. Trias, Mr. Jones, Mr. Akins, Mr. Matthes. MEMBERS ABSENT: Mr. Merritt and Mr. Hearn (Absent - With Notice) OTHERS PRESENT: Mr. David Kelly, Planning Manager; Ms. Cyndi Snay, Planner III; Ms. Heather Young, Asst. Co. Attorney; Ms. Dawn Gilmore, Administrative Secretary. P & Z Meeting March 21, 2002 Page 1 CALL TO ORDER Chairman Matthes called to order the meeting of the St. Lucie County Planning and Zoning Commission at 7:00 p.m. PLEDGE OF ALLEGIANCE ROLL CALL ANNOUNCEMENTS Chairman Matthes advised that on Agenda Item # 2, File No. RZ-02-003, he had a conflict of interest and therefore would recuse himself from that item. Chairman Matthes gave a brief presentation on the procedures and what to expect for tonight's meeting. For those of you who have not been here before, The Planning and Zoning Commission is an agency that makes recommendations to the Board of County Commissioners. The Staff will present a brief summary of the project and then make their recommendation. After which time, the Petitioner will be asked to come forward and state his/her case for the requested petition. At any time the Commission may stop and ask questions of the Petitioner or Staff. After that process is completed the Chairman will open the public hearing for anyone who wishes to speak for or against the petition. The purpose behind this hearing is to get input from the general public. If anyone has something to say, please feel free to come forward and state it. After everyone has gotten a chance to speak the Chairman will then close the public hearing. The Commission will deliberate and then make a decision regarding their recommendation, one way or the other. The decision that is made is typically read from a scripted set of statements that are given to the Commission. It may sound rehearsed but it really is not. There is one motion for and one motion against in the package, so that the Commission can make a motion either one way or the other so it is very clear in the records. Once again, I want to remind you that the Planning and Zoning Commission only acts in an advisory capacity for the Board of County Commissioners. If you are not happy with the outcome of this hearing you will have the opportunity to speak at the public hearing in front of the Board of County Commissioners. No other announcements or comments. P & Z Meeting March 21, 2002 Page 2 r f ®. r 4£t �� 7`���ieilL� AGENDA ITEM 1: January 17, 2002 MEETING MINUTES:�,a,tli. Mr. Lounds moved for approval. Motion seconded by Jones. Upon a vote, the motion passed unanimously (with a vote of 7-0). P & Z Meeting March 21, 2002 Page 3 Sz U E03ECT TO i, r34F ZONING AGENDA ITEM 2: BAKUL PATEL - FILE NO. RZ-02-003. UNNI, AiSS10N APPROVAL Cyndi Snay, presenting Staff comments, stated that Agenda Item # 2 was the application of Bakul Patel, for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the RM-5 (Residential, Multiple -Family - 5 du/acre) Zoning District for property located on the southwest corner of South Kings Highway and Research Center Road. The subject property is designated with an RU (Residential, Urban) Land Use and under the Future Land Use Element of the Comprehensive Plan the RU Land Use will allow a maximum density not to exceed five (5) dwelling units per acre. Therefore the applicant's request is consistent with the Comprehensive Plan. The subject property is surrounded to the north, south and west by AR-1 (Agricultural, Residential - 1 du/acre) and RS-2 (Residential, Single -Family - 2 du/acre) Zoning and Industrial Light to the east. The proposed RM-5 Zoning District would be considered an appropriate transitional zoning from the Industrial Light zoning to the east and the existing Kings Highway, as well as future expansion of Kings Highway and to the west with the more rural properties. The proposed additional density is not expected to create any significant additional demands on the public facilities in the area. Staff is recommending that you forward this petition to the Board of County Commissioners with a recommendation of approval. Chairman McCurdy asked the petitioner to come forward and state their name and address. Harold Melville, Attorney at 2940 S. 25th Street in Fort Pierce stated that he represented the petitioner. He continued that this parcel is approximately 25 acres that used to be an old citrus grove that is no longer economically viable. The property is just west of Kings Highway and immediately south of Research Center Road. Current zoning is AR-1 and they requested a rezoning to RM-5 since it is allowable under the RU, Land Use category. He confirmed Staffs comments that it is a good transitional zoning because to the east is the Light Industrial zoning and a citrus packinghouse directly across Kings Highway from the subject property. He continued that he felt the Kings Highway corridor is going to building up very rapidly with industrial and commercial uses on the east side of the highway. He again stated that this is a good transitional zoning because it maintains the residential character of the property and is a transition between for the more intense commercial and industrial uses in the east and the agricultural/residential uses to the west. He advised that as per the Staff report their request is consistent with the Comprehensive Plan and the Land Development Code with no adverse effects on the natural environment. Mr. Trias asked if there was a site -plan or illustration available to show the type of project proposed. Mr. Melville held up a board with a graphic of the proposed project, which will consist of ninety-eight (98) dwelling units (approximately 3.94 du/acre). The project will be 1,500 square feet under air and each unit will be individually owned and not rental units. He continued that these would be fee -simple ownership with each unit anticipated to sell in the range of $90,000 to $115,000. Mr. Trias asked if the association would own the common areas. Mr. Melville stated there would be a Homeowner's Association to maintain all of the common areas, including the lake areas. Mr. Grande stated that this would be a 400% increase in density and questioned why the applicant requested RM-5 Zoning as opposed to submitting a PUD (Planned Unit Development) request. Mr. Melville advised that PUD's are a very expensive process and a tremendous risk P & Z Meeting March 21, 2002 Page 4 O t a'NL and gamble. The applicant chose the straight zoning request to propose something that would be allowable under the Comprehensive Plan. Mr. Grande stated that they chose to save money in the initial application fee but his concern is that the applicant is not tied into the plan that they have shown this evening since this is not a PUD request. He continued that this project would be backing up to one unit per acre properties and stated that he felt the applicant was hesitant to commit to a design, plan or site plan at this time. Mr. Melville stated that a PUD would initially cost about $25,000 to $30,000 in the county. He also advised that the land to the west also carries a RU Land Use Designation and will not remain in their current AG-1 Zoning. He stated that he felt the area would be developing very rapidly and due to the type of area would not be developed as single family homes. He continued that this type of project and zoning would be appropriate for the area. Mr. Grande stated that the character of the area has not yet been defined and if we allow this type of project, it will set a tone in the area. He continued that the proposed project would be a good way to develop the property as a transition zone to the properties to the west. However, on the other hand, he stated he was hesitant to allow such a change on twenty-five (25) acres of property without the applicant being tied to a specific site plan as they would with a PUD request. He also stated that the expense for a PUD isn't really any different than what it would cost to move ahead with the current project if rezoned. He again advised that he is hesitant to vote for something where the applicant is not tied to a specific site plan since such a large density increase would impact the surrounding lands. Mr. Melville agreed that the applicant probably would spend the same amount of the money in the long run but the problem is that with a PUD you spend that money right up front before the Board of ,County Commissioners ever hears it. He continued that most applicants who look at property to buy and develop simply and logically don't want to take that risk. He also stated that he did not feel that type of imposition was appropriate. Under the existing laws this is an allowable zoning category and a very appropriate zoning category in this land use designation. He continued that what the applicant is proposing for layout and density is the only real practical use for that land. Mr. Grande stated that he did not agree with Mr. Melville's statements that just because it is appropriate it should be approved. He also advised that the Planning and Zoning Commission's job is to see to the orderly and logical development of the land. He continued that he felt that a PUD request would give the Commission all of the necessary assurances to forward a recommendation of approval. Mr. Melville stated that if that were the case, then there would be no need for an RM-5 zoning category. The purpose of a PUD is to allow for creative type of layouts or structures that would not fall within a standard zoning category and not to enforce a particular type of design on someone asking for a zoning change. Mr. Lounds stated that he would like to reserve his questions for Mr. Melville until after the Public portion of the hearing has been closed. Mr. Trias asked Staff what would be anticipated as a reasonable scenario for development of this area. Mr. Kelly stated that there is light industrial along Kings Highway and a multi -family environment as a transition to some lower density single-family homes farther to the west would be appropriate especially with the University and Research Center in the area. Mr. Melville stated that Staff made their recommendation based on the zoning category from a land use concept and feel this is an appropriate zoning change request. P & Z Meeting March 21, 2002 Page 5 ri S"°0"' o ZONING f�u.Vitt ..ION 6!$Jp tl.4E! d Chairman McCurdy opened the Public Hearing. Seeing no one, Chairman McCurdy closed the Public Hearing. Mr. Grande stated that he did anticipate that there would not be any public response regarding this petition since most of the area is undeveloped. He continued that he was hesitant to vote for this request since the owner is reluctant to commit to a specific site plan since they did not come in under a PUD request. Mr. Lounds asked where the utilities for this property would come from. Mr. Melville explained that he believed that since they may be adjacent to the city, their utilities would be provided by the City of Fort Pierce. Mr. Lounds continued that he feels this is a good plan, but a bad location for it since it is on King's Highway. He also stated that area has more industrial in place and will most likely proceed that way. He stated that he didn't believe it was transitional between light industrial and research at all. Mr. Melville stated that he felt this was the best use for the property considering the circumstances and the area land use. Mr. Lounds disagreed. Mr. Trias stated that this is the only type and best type of development, realistically, that is going to be in the area but the county may want to consider looking at the future development of the area. Mr. Jones stated that there may be a better use for the property, but the applicant's request does meet all the.requirements of law and doesn't see any reason to turn down this request. Mr. Grande stated it would not be accurate to assume that just because Staff has not said it doesn't, this meets every requirement of law. He continued that Section 11.06 of the Land Development Code states that the job of the Planning and Zoning Commission is to make interpretations to see if it is the right plan for the area and how it will impact the neighbors. Mr. Lounds stated that he respected Mr. Trias' opinion, since he has a background as a community planner, but he feels this, as well as, the duplexes behind the packing plant will be misplaced in the area as it develops. He also continued that he felt the entire area of Kings Highway is a growing concern of how the County is planning to develop it and needs to be discussed further. Mr. Trias stated that in ten years they might not be happy with the way the area is being residentially developed especially since the secondary streets in the area are almost non-existent and that this may want to be something that needs to be reviewed. Mr. Jones stated he too shared the concerns of the other Commission members about the future development of the area. He continued that in the long run, this type of development probably won't be appropriate for the area, but he doesn't feel that is relevant now, the future land use is. Mr. Kelly stated that he just wanted it to be clear that the plan shown is not binding. If the property is rezoned and another developer wants to design or develop something else that falls within the RM-5 zoning he may. Mr. Lounds questioned if the developer decides to make the units rentals rather than owned, he may? Mr. Kelly confirmed that is correct. Mr. Melville stated that usually a PUD or PNRD is requested when someone wants to do something different than the definition of a specified zoning category, which is not the case here. He also stated he did not feel it was appropriate to suggest that the applicant should have requested a PUD rather than a zoning change because what they are planning does fall within the definitions of the RM-5 zoning code. Mr. Jones asked if the applicant or Mr. Melville discussed a change in land use when they met with Staff. Mr. Melville explained that they did not discuss P & Z Meeting March 21, 2002 Page 6 e,.rnw s inbI-E O '- 'i" PL AHHING & 7.0NING Cgh p,�j!SSION APPROVAL that. Mr. Grande stated that he felt that this 25-acre property could end up becoming the anchor Fit and the future development of the area will be determined by tonight's decision of the Commission. Mr. Lounds asked Mr. Melville if the client would have been willing to commit to their plan under a PUD. Mr. Melville stated that the client is willing to commit to the plan under the RM-5 zoning. He continued that the client would not want to have to invest more time and money to come back before the Commission again as a PUD. Mr. Grande stated again that he would feel more comfortable if this was a PUD request where the applicant is required to commit to a specific site plan and since this is not that type of request he is hesitant due to the size of the parcel and the density increase. Mr. Grande stated that after considering the testimony presented during the Public Hearing, including staff comments, and the Standards of Review as set forth in Section 11.06.03, St. Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners deny the application of Bakul Patel, for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the RM-5 (Residential, Multiple - Family - 5 du/acre) Zoning District because it is inconsistent with Section H of 11.06.03 which calls for an orderly and logical development plan. Motion seconded by Mr. Lounds. Upon a roll call vote the motion failed with a vote of 2-4 (Mr. Trias, Mr. Akins, Mr. Jones and Mr. McCurdy voting against). Mr. Jones stated that after considering the testimony presented during the Public Hearing, including staff comments, and the Standards of Review as set forth in Section 11.06.03, St. Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Bakul Patel, for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the RM-5 (Residential, Family - Family - 5 du/acre) Zoning District because it is an allowed use in the current land use designation. Motion seconded by Mr. Akins. Upon a roll call vote the motion was approved with a vote of 4-2 (Mr. Lounds and Mr. Grande voting against) and forwarded to the Board of County Commissioners with a recommendation of approval. Mr. Jones stated that he would suggest that the landowner consider the long-term value of the property in another land use. Mr. Akins stated that he supported the motion for approval but he does agree with Mr. Lounds, Mr. Grande and Mr. Trias that may want to consider beginning a discussion to resolve the hodgepodge that is occurring in the County. He continued that he felt this needed to be done soon because Kings Highway is growing and will not remain Agricultural. Mr. Trias stated that the best way for these issues to be reviewed is to address the County Commission with them. Mr. Kelly stated that it seemed to him that the consensus is that the Commission members would like Staff and the County Commission to review that area P & Z Meeting March 21, 2002 Page 7 suegci y TO a PLANNING & ZON@NG COMMISSION APPROVAL specifically. Mr. Lounds asked Mr. Kelly if Staff needed a formal request from the Commission for the Kings Highway Corridor, from Okeechobee Road north to Indrio Road issues to be addressed. Mr. Kelly confirmed that it would be best to be formally addressed in the meeting minutes for further review by the County Commission. Mr. Lounds made a motion to address the issues regarding land use in areas surrounding and along Kings Highway Corridor and possibly the support roads (Rock Road, Graham Road, Picos Road) all the way to Indrio Road. He continued, that the pattern from Indrio Road to U.S. 1 is pretty well set from that area on, but from Indrio to Okeechobee Road needs to be studied by Staff (with the City in mind). Motion seconded by Mr. Grande. Upon a vote, the motion passed unanimously with a vote of 6-0. P & Z Meeting March 21, 2002 Page 8 r, v R n ; L�a� SUBJECT To PLAN,?I' & ZONING AGENDA ITEM 3: CHARLES D. VELIE - FILE NO. RZ-02-004 COINU SSIGN APPROVAL Cyndi Snay, presenting Staff comments, stated that Agenda Item # 3 was the application of Charles Velie, for a Change in Zoning from the AG-5 (Agricultural - 1 du/acre) Zoning District to the RF (Religious, Facilities) Zoning District for property located at 180 North Header Canal Road. Since 1947, the property has been utilized as a church. At the time when the County underwent the adoption of the Comprehensive Plan and Rezoning, the subject property became a nonconforming use on record that was grandfathered in. At this point, the applicant submitted a building permit to enlarge the church and was advised they could not expand on an existing nonconforming use. The applicant was then referred to the Planning Department. At that time, they had requested Institutional Zoning, but Staff recommended that the property be rezoned to RF (Religious Facilities) to be more appropriate to the area. Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in the Land Development Code and is not in conflict with the Comprehensive Plan. Staff is recommending that you forward this petition to the Board of County Commissioners with a recommendation of approval, which is more in keeping with the surrounding areas, eliminating the nonconforming use issue and would not impact future expansion of the church. Mr. Tom Velie stated that he is co-owner with Mr. Charles Velie and also the Pastor of the existing church. He continued that his father pastored that church in 1979 and he has been co- pastoring since 1984. He stated that their current auditorium is 4409 feet and they had hoped to add onto it to allow for a higher occupancy. Mr. Lounds asked how many acres or how large of an expansion are they looking at. Mr. Velie stated they anticipated doubling the size of the auditorium and then expand the size of the pulpit area to allow for extra seating in case needed. The current standard capacity is acceptable, but if they have a revival or a homecoming or holiday, it is packed to the walls. Mr. Lounds asked if they owned the entire parcel surrounding the church's area. Mr. Velie explained they only own a little more than 3/4 of an acre of the property. He continued that Bob Grant and Mr. Eplin own the land north of their property and they have signed statements that they have no problem with the rezoning. This has been a church since 1947; they have a tax-exempt status and recognition from the state and have been there the entire time. Mr. Kelly explained that only the crosshatched area on the maps belongs to the Velie's. Chairman Matthes opened the Public Hearing. Seeing no one, Chairman Matthes closed the Public Hearing. Mr. McCurdy stated that after considering the testimony presented during the Public Hearing, including staff comments, and the Standards of Review as set forth in Section 11.06.03, St. Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Charles Velie, for a Change in Zoning from the AG-5 (Agricultural - 1 du/5 acres) Zoning District to the RF (Religious Facilities) Zoning District because that has been the use since the mid to late 40's. It seems to be a good use and the church seems to be prospering. Motion seconded by Mr. Grande. P & Z Meeting March 21, 2002 Page 9 SUBjECT TO PLANNING & ZONING Upon a roll call vote the motion passed unanimously (with a vote of 7-0) and idTi' reil' o PR the Board of County Commissioners with a recommendation of approval. Mr. Loundsstated that the Velie's might want to research the history of the property to see if the Historical Society may be able to assist them in recognizing the fact that was a trading post at one point in time. P & Z Meeting March 21, 2002 Page 10 OTHER BUSINESS/DISCUSSION: gary.� 'Fat;rin SUBJECT Ygp�O PLANNING & ZONING GGWnMISSION APPROVAL Mr. Lounds asked Staff if they understood that how the Commission Members unanimously felt about King's Highway. Mr. Kelly advised that he was aware. Next scheduled meeting will be April 18, 2002. Mr. McCurdy advised that he would not be able to attend that meeting. ADJOURNMENT Motion to adjourn made by Mr. Lounds and seconded by Mr. McCurdy. Meeting was adjourned at 8:05 p.m. Respectfully submitted: Approved by: w more, Secretary Stefan Matthes, Chairman P & Z Meeting March 21, 2002 Page 11 4 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME -MIDDLE NAME NAME OF BOARD, COUNCIL, COMn.U`Ta.n08rrZyb0r2ffgmNF6&6' HMatthes StefanSt. Lucie Count PlSSj MAILING ADDRESS THE BOARD, COUNCIL, OMMISSION, AUTHORITY OR COMM TEE ON 2980 S. 255th Street WHICH I SERVE IS A UNIT OF: • e CrTY cycOUNTY / O OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: Fort Pierce St. Lucie DATE ON WHICH VOTE OCCURR D St. Lucie Count MY POSITION IS: March 21, 2002 Q/ELECTIVE CY APPOINTIVE WHO MUST FILE FORM'813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. ft,applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143. Florida Statutes. Your responsibilities under the law when face d with voting on a I on whether you hold an elective or appointiv osition. For this completing the reverse side and filing the form. in which you have a conflict of interest will vary greatly depending please pay close attention to the instructions on this form before INSTRUCTIONS FOR COMPLIANCEV(VITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, muni inures to his or her special private gain or loss. Each sure which inures to the special gain or loss of a prim, parent organization or subsidiary of a corporate pring, to the special private gain or loss of a business assol 163.357, F.S., and officers of independent speci0tax capacity. :ip 1, or otf�e local public office MUST ABSTAIN from voting on a measure which elected or appo(nted local officer also is prohibited from knowingly voting on a mea- pal (other than overnment agency) by whom he or she is retained (including the )al by which he or �f_e is retained); to the special private gain or loss of a relative; or iate. Commissioners\ f community redevelopment agencies under Sec. 163.356 or districts elected on a \e-acre, one -vote basis are not prohibited from voting in that For purposes of this law, a "relative" includes, only the officer's father, mother,_so , daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A."business associate" means any erson or entity engaged in or carrying on a business enterprise with the officer as a partner, joint{venturer, coowner of property, or corpo to shareholder (where the shares of the corporation are not listed on any national or regional s(bck exchange). , ELECTED OFFICERS: - 1 In addition to abstaining from voting infthe situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and i WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible, for recording tltii min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the mini itPq of the meetina. who will incorporate the form in the minutes. (Continued on other side) FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME-MIDOLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Matthes, Stefan t. e Count Planning and Zoning Commission Mi MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 2980 S. 25th Street WHICH I SERVE IS A UNIT OF: CITY COUNTY ❑CITY 6COUNTY 0 OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: Fort Pierce St. Lucie St. Lucie County DATE ON WHICH VOTE OCCURRED MY POSITION IS: April 1.8, 2002 0 ELECTIVE N APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your intust ir­the'measure on which you are abstaining from voting; and V \� WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with\4 person r5 la'for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) PACE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Stefan Matthes , hereby disclose that on April 18, 2002 (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; — inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, -y inured to the special gain or loss of my, employer by whom I am retained; or inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: ATENDA ITEM 4t JOHN'ARIE'= FILE NOPetition of JOHN ARIE, for a Change in from the AR-1 (Agricultural, Residential — 1 du/acre) Zoning District to the RS-2 (Resi Single —Family — 2 du/acre) Zoning District. Culpepper & Terpening are doing engineering work on the project. y � t, t MAY I Cop! Date�Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME —MEDDLE NAME bL EEUC1EDl.0UI7� C�MMISSI�N�UTHOAfTYOOR C1�iSSlO. Merritt, Ed �-�uil Y lgffi Il di1C1 G 111I1y Local P1 an MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMrrTEE ON 48SE. S. U. S. 1 WHICH I SERVE IS A UNIT OF: CITY COUNTY f7 CITY N COUNTY 0 OTHER LOCAL AGENCY Fort Pierce DATE ON WHICH VOTE OCCURRED April 18, 2002 NAME OF POLITICAL SUBDIVISION: St. Lucie County MY POSITION IS: WHO MUST FILE FORM 8B 0 ELECTIVE R APPOINTIVE This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ASS.� III from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is.,p"lghib�ted fr', ,,knowingly voting on a mea- t� \V ��, , sure which inures to the special gain or loss of a principal (other than a government agerpe .5 \yam om he?sji �is retained (including the parent organization or subsidiary of a corporate principal by which he or she is reta�e �_ > totj a speci nvatte gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of c m nitredevel aged des nder Sec. 163.356 or ca n� - " � e� �' 163.357, F.S., and officers of independent special tax districts elected on a obi r gone-vo epa is are.,noti, rohilo ted from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, so , b hter,,hu$bl nd Wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any ersota gr; e t `e gaged in or carrying on a business ��th, enterprise with the officer as a partner, joint venturer, coowner of property, or corpor to t a', lder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict. - PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) PACiF_ 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Ed Merritt , hereby disclose that on April 18, 2002 (a) A measure came orwill come before my agency which (check one) X inured to my special private gain or loss; inured to the special gain or loss of my business associate, _ inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: AGENDA ITEM 5c INDRIO VENTURES, LLC. FILE NO. RZ-02-006 Petition of INDRIO VENTURES, fora Change in Zoning from the`AG-1 (Agricultural - 1 du acre) Zoning District to the CG (Commercial, General) Zoning District. I am the Broker in the sale of the Date Fed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division MEMORANDUM TO: Planning and Zoning Commission/ Local Planning Agency Members FROM: Dawn Gilmore, Administrative Secretary DATE: April 18, 2002 SUBJECT: P&ZAttendance Mr. Carson McCurdy will not be attending the P&Z meeting, Thursday, April 18, 2002. He will be out of town. His absence is with notice. Jc�E oo� COMMUNITY DEVELOPMENT DEPARTMENT •' yam► Planning Division OR MEMORANDUM TO: Planning & Zoning Commission Members FROM: David P. Kelly, Planning Manager DATE: April 12, 2002 SUBJECT: Ordinance No. 02-002 and Ordinance No. 02-003 Agenda Items # 2 and # 3 are the petitions of Lin Indrio, Inc. / Phoenician Country Club for a Change in Land Use and an Extension to the Urban Service Boundary. The Petitioner will be appearing at the April 18th Meeting to request a continuance of both of these items to the May 16t Planning & Zoning Meeting. FOR Q'j - IVI C ;Iy13V , Kf H4 NFUlJll(1 r, ' DEPARTMENT OF COMMUNITYDVE`L�PMENT AT, TO: Planning and Zoning Commission FROM Piannin'g Manager K t f i � f April 11, 2002. Subtect John Ane Page 2 Filb No RZ02�005 � ] SURROUNDING LAND USES The- general existing use surround_ mg the property` is residential y ; q X , The ,Future Land Use ;Classification of the sujroundng area is RU (Residential Urban) to the south and north RS�� (Residential4 Suburban)' to ,the west .and , PIF (Public' ` MVOR-, Facilities) to the`east FIRE/EM$ PROTECTION ,. Station #3 {250 West Prima .Vista Boulevard), `is located h i _77 �.: approXimately 4 5,miles to. the southwest . " - UTILITY SERVICE Water and sewer'service will be provided by Port St Lucie ti i Utilities Department TRANSPORTATION - .IMPACTS s h RIGHTi-OF-WAYS ADEQUACY: -The existing right of way.for Oleander Ayentie is 73 feet.F ,. , SCHEDULED F IMPROVEMENTS: None,; TYPE OF CONCURRENCY - "ARA �; DOCUMENT REQUIRED: - Concurrency Deferral Affidavit.: , STANDARDS:OR REVIEW AS S.ET FORTH IN SECTION 11.06.03, ST LUCIE .COUNTY'LAND DEVELOPMENT CODE In' reviewing this application , for proposed" rezoning, the Planning and' Zoning Commission shall'consider and make the following determinations: 1. Vllhether'the proposed rezoning is. in contflid Witb any ;applicable_ portions of tl'id St: Lucie County Land De glop h t Code; The. -proposed ,zoning district is :consistent with the St, Lucie County Land Development Code and specifi"tally has met the °standards of 11:06.03. " 2. Whether`the propose.&amendment is Consistent with all Moments of the.St. Lurie C�ounty"Comprehensive Plan; The proposed change in zoning" is 'consistent, with all elements of the St, Lucie ''Irequest County..' Compr-ehensiV6 Plan. ` The As- compatible with he RU (Residentia(Urban), which -allows a maximum density of 5 dwelling units per acre and RS (Residential'_ Suburban) Future Land Use classifications, -which all a maximum density of Zdwelling units per acre: .r Suggested motion to,Ceco 7 Section 3 b1 03` Zoning District Use Reguiap s E. AR-1 • AGRICULTURAL RESIDENTIAL 1 POW pose 4 The' purpose of this district is- to provide and protect an environment; suitable for single faintly c�d.wthe.vith sucfweli(ngsatamazimurn tprgargused '> ,other as may be: necessary for;and,compatit le with,`verylow density rural residential surroundrngs The t ' number in "O" following each identified use corresponds �to the SIC code reference described to Section 3.0 1 02(B) The 'nUmlier 999 applies .to a use not defined. under the SIC code but may be i further defined Section' 2 00:00 this of code.' �< 2 i C Permitted _Uses �- a. Family tlay care homes --t9991= - = - s 7 b. Family residential homes provided that such ;homesshall not be located.within ` radius of �� aJi- one tFiousand (1000) feet of another existing such faintly residential home and provided that .t the%sponsoring agency or Depatment of Health and Rehabilitative Services (HRS) notifes� tlie?l3oard of County Coinmissi•oners at the tithe of home occupancy that thefiome is,licensedz j Eby HRS, ,tsqq) s' c Single-family detached dwellings } k 3. Lot Size Requirements i Ar��hA t 1 Lotsize requireme oncewthTable 1 in Section 7:04:00: Dimensional RedolationsR Dimensional requirerents shall be to accordance with `Table 1 in Section 7.04.00. . 5. Off street Parking Regtiirernents Off :street parking requirements shall be in add6rdance'with�Section 7.06.00. 6. "" Conditional Uses a. Crop services (e7i) b: Family residential homes located Within 'a radius of one thousand (1000) feet of another such . family residential honte. is9s>, c. Industrial wastewater disposal: jsss) d. Kennels �conipletely enclosed, toisz). e. Landscaping &,horticultural services (078) , - f Retail: (1) Fruits and Vegetables, (3) - fig•. Ridin stables. ' s9s' � h. Veterinary services. (oga) i Telecommuni6ation:towers - subject to the -standards of.Section 7.10.23 tags) 7. Accessory Uses 'r Accessory uses are subject to the requirements of Section 8.00.00, and inclutle the following: Adopted .F August 1;,1990 101 Revised Through 08/01/00 y. Section 3.01.03 Zoning District Use Regulations a. Agriculture (farms and ranches accessory"to single-family detached dwelling). (01/02) b. Animals, subject to the requirements of Section 7.10.03. (999) C. Guest house subject to the requirements of Section 7.10.04. (999) d. Mobile Home subject to the requirements of Section 7.10.05. (999) e. Retail and wholesale trade - subordinate to the primary authorized use or activity. Adopted August 1, 1990 102 Revised Through 08/01/00 W v / O A 0 U Z F- ir Q A Petition of John Arie for a Change in Zoning from AR-1 (Agricultural, Residential-1 uniVacre) to RS-2 (Residential, Single family-2 units/acre). ol rel 4 se Circle L RZ 02-005 This pattern indicates subject parcel C a fll Diane Drive e -, e� a 12 e � � r f vi U O v � ,�`� \` N L m m 1 E b I G, Map prepared March 25, 2002 ' This pattern indicates City of Port St. Lucie mV has bw aonpW ,a< gwwW and Wwa� «#,. N WW awry aeod het been ,neda b f d» wW 0-at and ao=W ktoa mdw P%wWe. k is not ktarWed forum a Wgak/ t* dm domnwc John Arie Kitterman Road RU . J EI se Circle r t J I S I b s( -4f l 7 I c 1 u w RZ 02-005 This pattern indicates subject parcel This pattern indicates City of Port St. Lucie O lane urive —' r ! J 4 Lq A- r 6 ` O pf o c 0 t e s aq c J 2 e ai 11 O tr Map prepared March 25, 2002 1fW map hm been owVW broe^midpWre++c eW Wmence pwpa WhW emn Beat has been made to prm4de t» mat cuff" end .oa,ero MormeWn possUe. K Is nM YRerKW fa use es a log* b1n*V daNnent `Zonin r John Arie - \ 1 - - 1 AR --1 - 2 `GO'N ;i0 - - - 2 C I RZ 02-005 This pattern indicates subject parcel This pattern indicates City of Port St. Lucie J-H 2J �- Woodlands rive a l a l a I M 1 a a� c °c 0i U a LO I Jt N■ EI se Circle ■rc .�u¢t �~00 , oaB mr f � ■ B �' B B f t J L I B xr103 � C F C U t -B - as c s aq c as 0 ■ vi 11 O o ~'� M CO Z m ` 4 6 O B Map prepared March 25, 2002 - ,Ha ffma has been CWrOW br Q&WW aWafc Bid Mf&W a papeaea a*y. 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Elyse Circle: BOARD OF COUNTY COMMISSIONERS April 5, 2002 JL�� c0' y COMMUNITY DEVELOPMENT DIRECTOR R1��' In accordance with the St. Lucie County Land Development Code, you are hereby advised that JOHNARIE has petitioned St. Lucie County for a Change in Zoning from the AR-1 (Agricultural, Residential — 1 du/acre) Zoning District to the RS-2 (Residential, Single -Family — 2 du/acre) Zoning District for the following described property: Location: West side of Oleander Avenue, approximately 200 feet north of Elyse Circle. THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The first public hearing on the petition will he held at 7.00 P.M., or as soon thereafter as possible, on Thursday, April 18, 2002, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. Written comments to the Planning and Zoning Commission should be received by the County Planning Division at least 3 days prior to a scheduled hearing. County policy discourages communication with individual Planning and Zoning Commission and County Commission on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the Planning and Zoning Commission are electronically recorded. If a person decides to appeal. any decision made by the Planning and Zoning Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (561) 462- 1777 or T.D.D. (561) 462-1428. If you no longer own property adjacent to the above -described parcel, please forward this notice to the new owner. Please call 5611462-1582 if you have any questions, and refer to: File Number RZ-02-005. Sincerely, ST.,,I,PCIE COUNTY PLANNING AND ZONING COMMISSION Stefan katthes, Chairman JOHN D. BRUHN. District No. 1 - DOUG COWARD. District No. 2 • PAULA A. LEWIS. District No. 3 • FRANNIE HUTCHINSON, District No. 4 • CLIFF BARNES. Disrrict No. 5 County Adminisrrotor - Douglos M. Anderson 2300 Virginia Avenue • Fort Pierce, FL 34982-5652 Administration: (561) 462-1590 • Planning: (561) 462-2822 GIS/Technical Services: (561) 462-1553 Economic Development: (561) 462-1550 Fax: (561) 462-1581 Tourist/Convention: (561) 462-1529 • Fax: (561) 462-2132 , ..,,.,.caw ANU CONING COMMISSION PUBLIC HEARING AGENDA April 18, 20.02 TO WHOM.IT MAY CONCERN .. u . ;N0710E Is''fiereby •given to accordance- with Section l 1:00.03 of the St.1ticie County.Laild Development Code and the provisions of the St. Lucie County Comprehensive Plan, the following applicants have requested that fhe3t. Lucie. County Planning and Zoning Commission consider their following requests: - - I. INDRIO VENTURES, LLC, for a Change in Zoning from the AG-1 (Agricultural — 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District for the follow- ing described property: THE WEST 400 FEET OF THE SOUTH 547.96 FEET OF THE EAST 1/2 OF THE NW 1/4 OF SECT. 16, TWN 34S, R 39E, LESS 1-95 RIGHT-OF-WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 233, PAGE 2209, PUBLIC RECORDS OF ST. LUCIE CO, FLORIDA AND LESS INDRIO ROAD AND CANAL RIGHT-OF-WAY, SAID LAND LYING AND BEING IN ST LUCIE COUNTY, FLORIDA Location: Northeast corner of Indrio Road and Koble- gord Road. - 2. JOHN ARIE, for a Change in Zoning from the AR-1 (Agricultural, Residential — 1 du/acre) Zoning District to the RS-2 (Residential, Single -Family — 2 du/acre) Zoning District for the following described property: BEING A PARCEL OF LAND LYING IN SECTION 16, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 16; THENCE NORTH, ALONG THE EAST LINE OF SECTION 16, A DISTANCE OF 1334.05 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL: THENCE S 89°40'00" W; A DISTANCE OF, 647.13 FEET; THENCE SOUTH A DISTANCE OF 62.18 FEET; THENCE S 72°2800" W, A 61STANCE OP:190 FEET, MORE OR LESS TO THE MEAN HIGH WATER. LINE- OF THE ST, LUCIE-RIVER; THENCE NORTHWESTERLY ALONG SAID MEAN" HIGH-WATER 'LINE TO'.THE INTERSECTION WITH LINE 460.75 FEET NORTH OF, AND MEASURED AT RIGHT ANGLES; AND PARALLEL WITH,THE,SOUTH LINE OF THE NORTHEAST ONE -QUARTER OF THE SAID SECTION 16;- THENCE EASTERLY ALONG LASTLY SAID LINE A DISTANCE'OF 1706 FEET;.MORE OR LESS; TO THE INTERSECTION WITH THE SAID'LINE OF SECTION 16, THENCE SOUTH ALONG SAID EAST LINE OF SECTION 16,A DISTANCE OF460.75 FEETiTO THE POINT OF BEGINNING LESS <TH6EAST 23.00 FEET FOR ROAD RIGHT-OF-WAY Location: West side of Oleander Avenue; approximately 200 feet north`of Elyse Circle. 3. ALF'S SPIRITS AND WINES, INC . fora Conditional Use Permit to allow a retail liquor store in the CG'(Com- mercial, General) .Zoning District4orAhe following described property:. . PARCEL 1: ALL OF THAT AREA DESCRIBED AND SHOWN AS PAR- CEL NO. 2 ON THE PLAT OF WINDMILL VILLAGE BY THE SEA' A`REPLAT.Of'UNITS 1 tAki I -A, ACCORD- ING TO,THE PLAT THEREOF, AS RECORDED 1N PLAT BOOK 16—PAGE' 6"'PUBLIC . RECORDS';'OF 'ST.. LUCIE COUNTY, FLORIDA " PARCEL 2 FOR A POINT OF BEGINNING, COMMENCE AT THE NORTHEAST CORNER'OF'WINDMILL VILLAGE BY THE SEA; UNIT TWO; A5' RECORDED. IN PLAT BOOK 16; PAGE 31, . OF. THE"PUBUC . RECORDS OF ST.. LUCIE COUNTY ,N FLORIDA;`TF1ENCE RUN SOUTH 89'M22" WEST ALOG THE:)�ORTH UNE OF,SAID-PLAT-.' A DISTANCE'OF'`27.84.FEET; ;THENCE:,RUN. SOUTH TO AN INTERSECTION• WITH THE WESTERLY RIGHT- OF-WAY LINE OF STATE ROAD AIA AS NOW LAID OUT AND IN USE; THENCE RUN NORTH 23°49'31" WEST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 122.21 FEET; THENCE RUN SOUTH 89-56'22" WEST ALONG A LINE THAT IS AN EASTERLY PROJECTION OF THE NORTH LINE OF SAID WINDMILL VILLAGE BY THE SEA, UNIT TWO, A DISTANCE OF 170.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN ST. LUCIE ICOUNTY, FLORIDA. location: 10875. South Ocean Drive. (Galleries Shopping Center) 4, LINDA DIMSEY, for a Conditional Use Permit to allow social services (day care facility) in the 1 (Institutional) Zon- ing District for the following described property: WHITE CITY S/D 03 36 40 LOT 26-L ESS E 120 FT AND LESS N 50 FT FO R DR DITCH AND LESS RD R/W — (2.68 AC) (MAP 34/03N) Location: 384 East Midway Road. 5. GULFSTREAM NATURAL GAS SYSTEM, LLC, for a Conditional Use Permit to allow a cross country natural gas transmission line for the following described property: FOLLOW THE FEC RAILROAD, K BRANCH/GLADES CUT-OFF ROAD FROM SW CORNER OF THE ST. LUCIE/ OKEECHOBEE COUNTY LINE TO 1-95 AND MIDWAY ROAD. 6. TB.T LAND, LTD., for a Change in Land Use from RU (Residential Urban) to IND (Industrial) for the following described property THE WEST TEN ACRES OF THE NW 114 OF THE NE 1/4 OF THE SW 1/4 OF SECTION 1, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. AND THE NORTH 1/2 OF THE NW 1/4 OF THE SW 1/4 OF SECTION 1, TOWNSHIP 35 SOUTHRANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA Location: East side of Kings Highway approximately 2,500 feet south of Angie Road., . 7. TB.T LAND, LTD., for a Change in Zoning from the AG -I (Agricultural - ) du/acre) and the AR-1-(Agricultural, Resi- dential ,- I du/acre) Zoning Districts to the IL (Industrial, Light) Zoning District for the following described property. THE'.WEST TEN:ACRES OFTHE'NW, 1/4.OF THE NE 1/4-OF THE SW. 114-OF'SECTION 1; TOWNSHIP-35 SOUTH, RANGE 39 EAST,• ST. LUCIE COUNTY, FLORIDA - AND , ,.HE746RTH I/2 OF THE'NW 1/4'OF THE.SW 1/4 OF SECTION 1, TOWNSHIP 35 SOUTH, RANGEE 39 EAST,, ST. LUCIE COUNTY, FLORIDA Location: East side :of Kings Highway approximately 2,500 feet south of Angle Road. - 'PUBLIC HEARINGS will be held in Commission Chamber, 'Roger Poitras Annex, 2300 Virginia Avenue, Fort Pierce, ,Florida on April 18, 2002, beginning at 7.00 P.M. or as soon. thereafter as. possible. 'PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by q:board, agency, or'commission with'respecf to`any matter consid- .:erect-at a meeting or. hearing, he will need a record of the proceedings, and that for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. "PLANNING AND ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA /S/ Stefan Matthes, CHAIRMAN :PUBLISH _DATE: Apri15,2002; 2305868 n4- /acre) all � r FUTURE LAND USA: MXD — indrio Road, "3 PARELIS a 3 06 cres " t PROPOSED "USE: Retail Store with ,gas pumps as an accessory "use L. PERMITTED USES: "" ` Attachment "A" : Section.3.01 M"(Gbmmercial, . 'General) contains " the designated uses, _which :are ermitted b ; ri h# p y g permitted as ah accessory `use, or . 5 ;permitted through the conditional use process Any, 1 use ,designated. as a ."Conditonal Use" 'is require Id F undergo further 'review ,and approvals, .Anye not " ' - found 'within the zoning .district regulations . are designated, as prohibited, "uses for" that district SURROUNDING" ZONIIjG: AGA, (Agricultural — _ 1 du/care), to the north, south, east, and west. . SURROUNDING LAND USES: The general :existing use surrounding the property is citrus groves'and'some residential i APri1.1 1, 2002 ' Subject Ipdr o �` PageL � FileN v ��n�11c1 wnaaunc �navn, L%J vr111441 ll'u FJI V�./V.7C}.1 GVllllll�. 1.7 IIIl.V,11.111�C11� with the exlstAng slid proposed land uses, , ,} psi ;£ 1 T e tdi ose �� zonin ma be consiste%t with . ro osedland uses in the ` p p g Y p,p area At this time'no other commercial uses ale. pres. ent in the area, r 1 , 4:° Whe#her there have been changed .'conditions #hat require an<r k k amendment, h X F Conditions have not changed so as t4 rEqure art.`amendrnent 5 Whether and the "extent t' ;which. the proposed amendment would t ' i a it s .. result �n demands on public faciht�es� and iwhether or to he extent to i V . P ks which the proposed art endme%NbhUjdee,.O 4 the capacity, of such public facili#esy including but not :limited to "transportation facilities, . - sewage facile#ies, < Wvatar supply, 'pants, drainage, sphools, soiid Was te„rnass.ti�ans'it, and emergency medical faciii#es; Wit? ing is not expected to create significant The Intende�i' use for this rezon20 t additional demands.on.anypublic facilities m. this area Any development , will need to demonstrate that there are adequate "publi&,fbdiliities in the area ot, support such development: ' Whether and the extent #o�'whIch the proposed amendment: would, result in ziggincan't dverser1mpacts oh` enatural environment; i ` The proposed amendment is not anticipated to .create adverse impacts' :on the Natural environment:;' Any future development of this site wail be t x - required to comply vvith,all state'and. local environmental regulations. 7.. Whether andthe extent to which. the. proposed amendment;wo�ld result in an orderly and logical development pattern" sped ifcally identifying any negativeaffects of such patterns; " - — oning - istrpct on property ,located at ahe, northwest corner Fof the intersection :of Indr�o MM r Road aid- Road 'The stated purpose for the rezoningJsto develop "they properEy,rnto a ratai,l;store, with gas pu',as an '`accessory use...Staff -notes `:that ;the, ' parcel size of ,3 acres Is iai'ger than deeded for =a' conver�`ience More with gas; pumps : r ., r . ; Approval of this petition. yiould also provide for 'approximately 2 ;acres of additional, corrimercial general zoning: k� Attached 'is a of Section 3.01 03(S) -- CG.`(Commercial; General), of the St jf t r .copy . Lucie `County Land Development'Code which",delineates the permitted, accessory, and. =: conditional uses allowed in these zonrng districts. If a change.. in zoning they , .is;approved, applicant, right, would be allowed to establish 'any, of the uses under tha Permitted " ,by Uses sec#ion ;Any use under the Accessory Uses section ;would be _allowed only if . one or' more of the ;permitted uses exist or_the„sub�ect property: ,Any use under then Conditronal Uses section could only.be allowed ifit fiat recaives "approval through the Board of "County Commissioners: S#aff has_reviewed this petition and.determined_that it conforms to the -standards; of review as set'forth in Section 11.06 03 of the St..Lucie County Land Development}.. Code and is hot in -bohflidt With `the goals; 'objectives;' acid ;;policies of the St. Lucie County :Comprehensive Plan. Staff is; recommending thet, you forward this- petition to the Board of County Commissioners with a recommendation. Qf approval. < t l }f FIV§qq+� J 1.4 } t' . < \ i { r �. IX Z a SAS a � 3 i"✓�r t -01 gof r ran P v — k� i t l 3 " Y f. l 1 i Building materials, i�ardware and garden supply + J Cleagmg sanvIce r�a9t " k Commercial printing cyst Gotiriurncations except towers tact :. , n+ botnputer ro 9 g. rammin ," data r66e 9690 & ther com uter serv: p , r r a n � Contract �onstructioi� sere office & interior storage only) o. CullYral activities and nature exhibipons tsssy +t P CUItca(ing reading, conlmerciai art/photo & stenog, sery q Eating placas,isel. . �. r Educational services except public schools te) s Eng�ieering, accountuig; research, management &.related sen/ices'tet t Equpmentlental and leasing seniices a35t u; Executive, ,legislative, and judicial functions i9,�sas�sa�srs�s,� - v ; . Farm labor„and mariggemenYservices (07e) / t w Finaicial,,insurance, and "real,estate �sors+ls�sass�s>> x., pool stores tsar Y '\ puneral and crematory services "(7i6)„ z Gasoline service stations ssa+r t aa. General merchandise stores t53t rib: Healftt services cc: test; Horne furnitUre and futhishings tszt dd. Landscape & horticultural services: (oie) ee. j Laundry; cleaning and garmenfsertiices`�s+j ff. Membership organizations -except for religious organizations as provided in Section 8:02.01(H)'t)f this code"te,i gg.' Miscellaneous retail (see SIC Code Major Group 59): , - (1.)Drug stores (591) -i Adopted August 1, 1990 118 ReSised Though 08/01/00 (•. 3. Section 3.01.03 Zoning District Use Regulations ' (2) Used merchandise stores (593) (3) Sporting goods (594o . (4) Book & stationary (5942/5943) (5) Jewelry (5944) (6) Hobby, toy and games (s945) (7) Camera & photographic supplies (5946) (8) Gifts, novelty and souvenir (5947) (9) Luggage & leather goods (594e) (10) Fabric and mill products (s949) (11) Catalog, mail order and direct selling (596115963) (12) Liquified petroleum gas (propane) (s984) (13) Florists (5992) (14) Tobacco (5993) (15) News dealers/newsstands (5994) (16) Optical goods (599e) (17) Misc. retail (See SIC Code for specific uses) (5999) hh. Miscellaneous personal services (see SIC Code Major Group 72): (1) Tax return services (7291) (2) Misc. retail (See SIC Code for specific uses) rrt99) ii. Miscellaneous business services (see SIC Code Major Group 73): (1) Detective, guard and armored car services (7391) (2) Security system services (m2) (3) News syndicate (73m) (4) Photofinishing laboratories (73u) (5) Business services - misc. g3e9) jj. Mobile home dealers (527) kk. Mobile food vendors (eating places, fruits & vegetables -retail) (999) II. Motion pictures (7e) mm. Motor vehicle parking -commercial parking & vehicle storage. (752) nn. Museums, galleries and gardens (e4) oo. Personnel supply services (73e) pp. Photo finishing services (73u) qq. Photographic services (722) rr. Postal services (43) ss. Recreation facilities (999) tt. Repair services (7e) uu. Retail trade -indoor display and sales only, except as provided in Section 7.00.00. (999) vv. Social services: (1) Individual & family social services (832/839) (2) Child care services (e35) (3) Job training and vocational rehabilitation services (e33) ww. Travel agencies (4724) xx. Veterinary services (o74) Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. Adopted August 1, 1990 119 Revised Through 08/01/00 �� 4 5. ,_ 6. _, 7. m A Petition of Indrio Ventures, LLC for a Change in Zoning from AG-1 (Agricultural,1 unit/acre) to CG (Commercial, General). Access Road Indrio Road F. P. F. W. M. D. Canal No. 14 a Z a 0 U RZ 02-006 .� This pattern Indicates Map prepared March 27,2002 subject parcel N Nib wer .lbRhr O.n1 nr1! b poMda tM nottf/la't ab amatt Nvnullon pu.0y tY nt FYb.J b ur r a YQaa� YM�p Oaamtt i i r O Z a C. O U Li. F. P. F. W. M. D. Canal No. 14 --------------- ` RZ 02-006 This pattern indicates subject parcel I Map prepared March 27, 2002 ;, . rrl-77, �11 1� q, 'Vol f v 'RA t, iJ t h, i 4J4r cvc Jur -cccc wow rvcic� uc�w,L�rGu �i uYei,�y, t � , \ 1 t , � Loataan r 1Vttrtheast corner 6f ldrzo Ro�cd and Koblegard C VI; C< (V N -- N O1 O� Q� V 00 .0 CJ1 d ;Et 00 00 M M ttl M OO 00 Jr r` e � ti a :Owl O VJ 0 w � b cr 40 jD:� Sao c �UAAuwwC7c7 Z w o w o 0 0 o MO o 0 0 0 0 O 0 "O O N N O h O O O O C Q O O O :O O N O C C O f�Q - O O O C. O O O O O C O O O O C O O }r L5 A .-ter V' _O . M ' N U '.U U i.. o `.. 0 ' as Cs t S U� o 0 Cd ,z .� I O C o .U+U. 0 L. >s zf _ f 1 4 CA 0 �3 0 0 0 0 0 O 'O C O O 4(c) 6 O O O (D O O O O Co O O O O O O .—. IT en _N CN i rvv ryryv GVNINC, COMMISSION ii - O - ci s i r B HEARING AZ ENDA b; } `,�, �. Wr P LIC 3 Z ApJ 18 k 00 �� t8 � � 3 TO HOM IT MAY CONCERN / 'T 5 � NOTICE is (iereb T S m eri 0 pccordanee with: Sedton ' 11 00 03 of the St Lucie Coupty Land bavalopmenJ Coda and the prow"signs of 'St.,Lucie County Comprehensive Plbn the following appl gb,9ts haver. .desfed that t�ia St Lucie CovtifyPlanning and ZoningCommission`consi eras their foilowmg'requasts:' ( 4 'LINDA OIMSEY, for a Condrtwnal Use Permd to QI el; social services (da care facility) in the I (InshtuhongT�SZq y mg Distdd for the following described'property ; � t 1 INDRIO VENTURES, LLC for a Change in Zoning from p the AG J. (Agricultural' -,I 'du/acre) Zbmng District To the � CG (Commercial, General)' Zoning District for the follow- WHITE G1TY 5/D :03 36 40 LOT 26 L'ESS E. 120 mg described property • LESS N 50 FT F6 R DR DITCH AND .:LESS RD R% ls.� sy (2 68 AC) (MAP 34/03N), v is ri THE: WEST 400 I'LLUOF'THE SOUTH 547.96 FEET OF 4 . ` '. THE EAST 1/2' OF THE -NW, 1%4 OF SECT. 16 TWN Location 3,84 East Midway Road. ,ir 4y 345; R 39E, LESS 1 95 RIGHT-OF-WAY AS DESCRIBED "1N OFF,iCIAL'RFCORDS BOOK 233, PA E 2209;;PUBLIC 5 GULFSTREAM NATIJRAL.`GAS SYSTEM LLC �fo RECORDS • OF Si LUCIE CO, FLORIDA AND.-LESS Conditipr>aI Use ,Permit to allow across country'n. F }tt4,,, 1 DRIO" ROAD AND CANAL RIGHT-OF-WAY,_ $AID gas tiaasmisswn line fgEthe following described grope t 4 wx LAND LYING 'AND,,BEING IN ST'. LUCIE COUNTY;. FOLLOW THE fEC RAILROAD,- K BRANCH /GL'ADF e.� 1 fLORIDA CUT-OFF: ROAD FROM SW CORNER OF THE ST. LUCK OKEECHOBEE COUNTY TO 195 AND MIDW Locaho(t Northeast corner of Indrio Road and Koble s a 15 gard Road ROAD_ j �a S 2 JOHN. ARIE, for a Change m Zoning from• the AR 1, 6 TaT>LAND, LTD., for a"Change m Land Use fromg�U + (Agricultural, Residential -:1 du/acre) Zoning 611 to I (Residebha( Urban) to IND (Industrial) for the folloWiO plc the•RS 2 Residential Single-Fa.'l described property (Y - 2 du/acre( Zoning District For the followmg'descnbed property I THE, WEST TEN ACRES OF THE NW 1114. OF THE{i 4 , BEING A PARCEL OF LAND LYING IN SECTION 16, 1/4 OF THE SW-1/4 OF SECTION 1-=TOWNSHIP 5 iOWNSHIP. 36 SOUTH, RANGE 40; EAST ST. LUCIE i FSOUTH -RANGE 39 EAST ST. -LUCIE COUNT LORIDA COUNTY; FLORIDA, ANO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ` " l AND- r, COMMENCE'AT THE SOUTHEAST CORNER ,OF SAID ITHE NORTH,1/2 Of THE NW 1/4 OF THE 5W 1/4 O SEGYION 16; THENCE NORTH, ALONG THE EAST LINE SECTION 1, TOWNSHIP 35`SOUTH, RANGE 39,EAST OF -SECTION 16, A DISTANCE OF .1334.05 FEET TO, j ST. LUCIE COUNTY, FLORIDA t ^ THE, POINT` OF BEGINNING' OF THE FOLLOWING I ' v DESCRIBED PARCEL I Lorntton East, side of Kings Highway approxiinale�l THENCE 5 89°40 00 W, A DISTANCE OF'647.13 FEET I 2 500 feet south of Adgle Road Y THENCE SOUTH ,A DISTANCE OF 62:18 FEET; 7fiENCE i' f S .72"28D0 W'A AISTANCE OF 190 fEET; MORE OR 7 T&T LgND LTD;, foca'Chg u96 m Zoning kom ttfe"PG 1 g LESS -TO THE`AAEAN"HIGH WATER=LINE Of THE ST, (Agnwlturat, 1,du/aaeJ'aiid.the AR-1 (Agricultural; Re;i LUCIE -RIVER THENCI3'N.ORTHWE$TERLY ALONG Si41D. der4iol: 1 du`/dcre) Zontng _Oisttids to fhe IL (Induihi I r l„ • t MEAN HIGH `YIIATER-'LINE °TO `THE'INT.ERSECTION Light) Zonipg District for,the foliowing'desttibed pro , y W)TF{ A LINE 460 75 FEET NORTH Of, -AND MEASURED J ry a AT RIGHT ANMIES AND pAkALIEI V11iTH THE,SOUTH, ,; THE WEST TEN ACRES OF.TI�E NW'T/4 OF THEN , LINE OF THE NORTHEAST ONE QUARTER Of THE SAID, 1/d QF THE SW: i/4 Of 3ECTIQN 1; TOWNSF jIP 0 } SECTION 16t THENCE'EA$TERLY ALONG LASTLY. -SAID SOUTH RANGE 39. EAST, 57.'; LUCIE COUNT ) LINE; A DiSTANEE OF *66 FEET, MORE OR LESS TO flORl))A THE INTERSECTION WITH THE SAI4 EAST LINE OE; SECTION 16 THENCE SOUTH ALONG_ SAIp EAST LINE AND -. r OF SECTION Lb, A DISTANCE OF 460.75 FEET;TO A.THE <: THE NORTH 1/2 OF THE NW 1/4 OF THE SW 1/4 OFF z r S x sx t + j POINT OF BEGINNING LES$ THE EAST 23 00 fE FOR ROAD RIGHT dF`WAY SECTION 1 TOWNSHIP 35,SOUTH; RANGE 34:EA5 t SY. LUCIE COUNTY FLORIDA. i t Loaifion West side of Oleander Avenue approximately 200 feet north'of Elyse Circle; Location East side df JGngs Highway opproximatelT 1 2,500{eet south gfAngle Ragd. 3 ALF S SPIRITS AND WINES INC 'fora Condittogai C Use Permit to allow a retail liquor store in the CG•(Com- PUBLIC HEARINGS,v)ill beheld in Commission Chambers, mercfal GeneraQ Zoning District ;for=the following derailed property: Roger Poittas Adriggx 2300 Virginia Avenue, Fort Fierce Floridd:on April 18 2002, beginning at, 7:00 P,M.;or as PARCEL I: soon. ereafter as possible.. ALL OF THAT AREA DESCRIBED AND SHOWN AS PAR PURSUANT TO $edion 286,0105, Florida Statutes iF , PAR- CEL NO 2.ON THE PLAT OF WINDMILL VILLAGE ;8Y son per deader to' appeal any decision' made by o.lioard .ag or commission with'resped to`aay matter T}IE SEA A;REPIAT OF UNITS,1 AND -•A ACCORD-' ING TO THE" FLAT THEREOF, AS RECORDED fNs:PLAT �� at a meeting or hearing; he will need a record "of the BOO PUBLIC 16 PA'Czf d' PUBLIC RECORDS 'OF "ST.`'LUCIE proceedings`ond that for such purpose!; he may need fo COUNTY, FLORIDA ensuiealiat, verbatim record ;of'the proceedings is made Whichcecord includes the testimony and evidence; upon PARCEL 2. which the appeal is to be based: _ rr FORA POINT'OF BEGINNING,• COMMENCE AT THE PLANNING AND ZONING COMMISSION i N . , 1VXSY CORNW61"WINDMILL VILLAGE BY. THE ST. LUCiE•COUNTY FLOODA T SEA, -UNIT TWO; A$'RECORDEO.IN' PLAT=000K,:1b; Stefan MaNhes CHAIRMAN PAGE 31, OF. THE PUBLIC'. REC�RDS OF, ST. LUCIE PUBUSH.DATE Aprit;5, 2002j COUNTY- fLORiOk THENCE RU SOUTH' 89°56'22" 2395868 WEST. ALONG THE NORTH _ LINE-6 F SAID PLAT A DISTANCE OF' 2784 FEET• THENCE..•RUN SOUTH 60°03'38 EAST, -PARALLEL" WITH THE _FAST; LINE.:OF SAID -PLAT A•DISTANCE OF'T11 82 FEETzTHENCE RUN NORTH 89°56'22"-`EAST,iA DISTANCE.,OF 24,7.'09-FEET ' TO AN. INTERSECTION; WITH THE WESTERLY RIG OF -WAY -LINE OF STATE ROAD AlA A$ NOW LAID I OUT,AND IN Usti THE RUN NORTH 23°49'3)" WESi ALONG SAID !EIGHT -OF -WAY; A DISTANCE OF 122.211 fEET,, THENCE RUN SOUTH'-8056'22"- WEST ALONG A LINE THArIS AN EASTERLY PROJECTION OF , THE NORTH LINE OF SAID WINDMILL -VILLAGE BY THE SEA, UNIT TWO, A DISTANCE OF 170.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA. location: 10875. South Ocean Drive. (Galleria Shopping Center) Fax Cover O This message is intended for the use of the individual or entity to whom it is addressed and may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If the reader of this message is not the • intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have �{ received this communication in error, please notify us immediately by telephone and return the original message to us at the address below via the US Postal Service. Thank you. O To St Lucie County Planning And Zoning Commission, Att: Stef Matthes, Chairman O Fax No. 561-462-1581 From Saul Klinow Date/Time Saturday, April 13, 2002 at 9:54:59 AM Subject File Number RZ-02-006 Pages I, including this one This communication is for the record with respect to the review of Indrio O Ventures, LLC petition for a zoning change at the northeast corner of Indrio Rd. and Koblegard Rd to be heard on April 18, or soon thereafter. Winton Farms is the landowner directly adjacent to the subject property, which is located on the northwest corner of Indrio Rd and Koblegard Rd. We have no objection to the zoning change requested but would like to call your attention to the circumstance of the location and width of Koblegard Rd as it exists. Koblegard Rd is currently a thirty foot wide dirt road, the entire width of which lies to the west of the section line. It is our understanding that the minimum width requirement of improved County roads is sixty feet. Furthermore, we understand that it is normal practice to center such improved roads, where they run between property lines on or along a Section Line, on the Section Line. Therefore, we request, in the event you approvethe requested zoning changed, that you do so subject to the relocation of the centerline of Koblegard Road to the north to south Section Line. 19472 Island Court Drive Boca Raton, FL 33434 Teh 56I/483-6585 FAX. 56I/45I-0969 MELVILLE & SOWERBY, P.L. ATTORNEYS AT LAW LAUREL PROFESSIONAL PARK 2940 SOUTH 25TH STREET FORT PIERCE, FLORIDA 34981-5605 HAROLD G. MELVILLE, P.A.* DAVID N. SOWERSY, P.L.** *BOARD CERTIFIED CIVIL TRIAL LAWYER AND BOARD CERTIFIED BUSINESS LITIGATION LAWYER **BOARD CERTIFIED REAL ESTATE LAWYER April 16, 2002 VIA HAND DELIVERY Mr. David Kelly, Planning Mgr. Planning and Zoning Department St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982-5652 Re: Application for Land Use Change and Rezoning; - T & T Land, Ltd. Dear Mr. Kelly: TELEPHONE (561) 464-7900 FAX (561) 464-8220 It is my understanding that the signage for the proposed Rezoning/Land Use Amendment for T & T Land, Ltd. was incorrectly posted by the County. Accordingly, it is our understanding that the hearing before the Planning & Zoning Commission on this matter will be postponed from Thursday, April 18, 2002 until Thursday, May 16, 2002. On behalf of T & T Land, Ltd., this is to confirm that we have no objection to postponing the hearing as described above. Thank you very much. ale HGM/djh PLANNING AND ZONING COMMISSION REVIEW: 4/18/02 File Number CU-02-002 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Planning and Zoning Commission FROM: Planning Manager OK DATE: April 10, 2002 SUBJECT: Application of Gulfstream Natural Gas Systems, for a Conditional Use Permit to allow the construction and operation of a segment of a natural gas pipeline, to be known as Gulfstream Gas Pipeline, in the U (Utilities) Zoning District. LOCATION: From the Okeechobee/St. Lucie County line along the FEC Railway right-of-way north to the I-95/Midway Road FPL Substation. SITE DESCRIPTON: A segment of an interstate natural gas pipeline to transport I - I billion cubic feet of natural gas per day to the State of Florida. The proposed pipeline is 744-miles long and will originate onshore in Mississippi and Alabama, cross the Gulf of Mexico and make landfall in Manatee County, Florida, extending across the state. The project is designed primarily to serve Florida utilities and power - generation facilities that will use high -efficiency, natural gas turbines to meet the incremental demand for electric energy. ZONING DESIGNATION: The natural gas pipeline will enter St. Lucie County at the Martin/St. Lucie County jurisdictional line. There will be two phases of construction within St. Lucie County, the first phase will be from the St. Lucie County/Martin county line along the FEC Railroad right-of-way traveling north to the Midway Road/I-95 Corridor (FPU Substation). The second phase will require an additional conditional use and will travel north along the FPL easement into Indian River County. The proposed pipeline will cross three roadways within St. Lucie County: Glades Cut -Off Road, Range Line Road and Commerce Center Drive. The applicant applied for and received a permit from the Engineering Department allowing the installation to cross these roadways. U (Utilities) LAND USE DESIGNATION: T/U (Transportation/Utilities) January 9, 2001 Petition: Duke Energy, Ft. Pierce, LLC Page 2 File No.: CU-00-011 and MJSP-00-1011 PROPOSED USE: A segment of a 744-mile interstate natural gas pipeline. SURROUNDING LAND USES: The primary uses are agricultural in nature with some residential and industrial uses. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: N/A SCHEDULED IMPROVEMENTS: N/A TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity. This petition is for a combination of Conditional Use Permit Approval. As such, it is required to satisfy the standards of review found in Section 11.07.03 of the County's Land Development Code. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed conditional use, the Planning and Zoning Commission shall consider and make the following determinations: 1. 2. Whether the proposed conditional use is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed conditional use has been determined to not be in conflict with any applicable provision of the St. Lucie County Land Development Code. Section 3.01.03(W)(7), U (Utilities) Zoning District, allows gas pipeline rights -of -way and natural or manufactured gas storage and distribution points as conditional uses. Whether and the extent to which the proposed conditional use would have an adverse impact on nearby properties; The proposed conditional use is not expected to adversely impact the surrounding properties. The proposed site is located within an area zoned for utilities. The proposed natural gas line will be installed within a 50-foot corridor following the FEC Railroad north to the FP&L easement from the Martin/St. Lucie County Line north to the Intersection of I-95 and Midway Road.. The applicant has indicated that this pipeline will be installed completely underground except for the meter stations and valves. Suggested motion to recommend approval/denial of thisrequ6stod-conditiorial use. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW ASSET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVALTO THE APPLICATION OF GULFSTREAM NATURAL GAS SYSTEMS, FOR A CONDITIONAL USE PERMIT TO ALLOW THE INSTALLATION OF A SEGMENT OF A NATURAL GAS LINE FROM THE ST. LUCIE /MARTIN COUNTY LINE NORTH TO THE MIDWAY ROAD/I-95 INTERSECTON IN THE: U (UTILITIES) ZONING DISTRICT, BECAUSE... II [CITE REASON(S) WHY - PLEASE BE SPECIFIC] :. MOTION TO "DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN it SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE i THAT THE PLANNING AND ZONING.COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY' BOARD. OF COUNTY COMMISSIONERS DENY THE APPLICATION OF GULFSTREAM NATURAL GAS SYTEMS, FOR A CONDITIONAL USE PERMIT TO THE INSTALLATION OF A SEGMENT OF ' A NATURAL GAS LINE FROM THE . ST. LUCIE 'j /MARTIN COUNTY LINE NORTH TO THE MIDWAY ROAD/I-95 INTERSECTION IN TBE U (UTILITIES) ZONING DISTRICT, BECAUSE... I _ If [CITE REASON(S) WHY = PLEASE BE SPECIFIC]' I 'I �z CO 44a _ cb ��s• � 1 ' � gf "75[ `� e t ,v et --=-----------------, n 18� g oa�9 god• ne`� D 1 ' J � I 1 1' 1 , 1 . ' , _wwl ! I 1 ' I , 1 � 1 I I pl 1 Iam 1 Q111N!L1 1 - ! . I NJ ! / / RI IllwusT >. U Po pn01/m / UPW '.MP' ^`L I OWI WIB I 1 I�1 �}Co V 1 W VAD ,IV•11 - I 1 1 Otl OIIIC pI WYU .1 I I 1 1 1 I 1 1 ' , I I I 1 I 1 I , I 1 1 1 'i I I 1 -------------------------- --------------------------------------------------- Aqunoo aagogO99�0 -�-- - ... 1 _ . -- AGENDA - PLANNING & ZONING COMMISSION THURSDAY, April 18, 2002 7. 00 P.M. GULFSTREAM NATURAL GAS SYSTEM, LLC., has petitioned St. Lucie County for a Conditional Use Permit to allow a cross country natural gas transmission line for the following described property: Location: Follow the FEC Railroad, K Branch/Glades Cut -Off Road from SW Corner of the St. Lucie/Okeechobee County Line to I--95 and Midway Road. Please note that all proceedings before the Local Planning Agency are electronically recorded. If a person decides to appeal any decision made by the Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners April 5, 2002. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on April 5, 2002. File No. CU-02-002 A Duda and Sons Inc Aldcomp Ltd John M Applebee PO Box 620257 D K Richardson Lori A Applebee Oviedo, FL 32762-0257 PO Box 370 7104 Winter Garden Pkwy Vero Beach, FL 32961-0370 Fort Pierce, FL 34951-1839 Charles L Baker Jr Leon G Bass Beryl I Bearint Peggy J Baker Andree Bass 7964 Saddlebrook Dr 17200 Glades Cut Off Rd 530 Cypress Rd Port St Lucie, FL 34986-3113 Port St Lucie, FL 34987-2634 Vero Beach, FL 32963-1723 Becker Holding Corp Bernard A Egan Groves Inc Kirsten A Besanko 660 Beachland Blvd Ste 201 1900 Old Dixie Hwy 21210 Glades Cutoff Rd Vero Beach, FL 32963-1707 Fort Pierce, FL 34946-1423 Port St Lucie, FL 34987-2614 Beta Grove LLC Darryl T Bey Sandra L Brown 1807 Ocean Dr Gina D Dean 21220 Glades Cut-off Road Vero Beach, FL 32963-2111 1005 Kentucky Ave Port St Lucie, FL 34987 Fort Pierce, FL 34950 Steven Buchmeyer Judy A Budd Don Cannon Trena G Buchmeyer 1464 SW 28th Ter Rita Cannon 20908 Glades Cutoff Rd Fort Lauderdale, FL 33312-3951 21660 Glades Cut -Off Rd Port St Lucie, FL 34987-2612 Fort Pierce, FL 34987 .Ernest Carnahan Chem -Tex Supply Corp Kai Guan Chor 1`1470 Carlton Rd 8350 NW 93rd St 18 Marcus Ave Port St Lucie, FL 34987-3432 Miami, FL 33166-2026 Booragoon 6154, AUSTRALIA Drucille Conrad John Conrad Jr Donald R Cooke 392 Midway Rd 392 Midway Rd Dorothy H Cooke Fort Pierce, FL 34982-0000 Fort Pierce, FL 34982-0000 7866 Saddlebrook Dr Port St Lucie, FL 34986-3110 2heba Cooper CPV Atlantic LTD Dairy Feeds Inc I306 W Midway Rd 8403 Colesville Rd Ste 915 PO Box 1365 Fort Pierce, FL 34981-4821 Port St Lucie, FL 34984 Okeechobee, FL 34973-1365 foseph Davis James L Davis Claude T Davis Sr Dale J Davis 4355 Sabal Palm Rd James L Davis 561 SE Norseman Dr Miami, FL 33137-3355 4355 Sabal Palm Rd Port St Lucie, FL 34984 Miami, FL 33137-3355 Edsall Groves Inc Donald A Evans Evans Properties Inc 3915 1st St SW Frank D S Evans 660 Beachland Blvd # 301 Vero Beach, FL 32968-2415 Hedvig Tetens Evans Vero Beach, FL 32963 4598 S 25th St Fort Pierce, FL 34981 Dale A Farabee 18480 Glades Rd Port St Lucie, FL 34987-0000 Florida Power and Light Co PO Box 14000 Juno Beach, FL 33408-0420 Jasodra S Hardeo Alness Village No 2 Lot 1 Corentye B/u, GUYANA SA Hennis Construction Co Inc 18500 Glades Cut Off Rd Port St Lucie, FL 34987-2631 Lee Huan " 14 Persiaran Negeri Sembilan FederalHill - 50480 Kuala Lumpur, MALAYSIA Juma B Inc 3900 Galt Ocean Dr # 29156 Fort Lauderdale, FL 33308-6631 Brian W Kent Patricia M Kent 18704 Glades Cut Off Rd Fort Pierce, FL 34987-2631 Richard M Lamb L Diane Lamb 20932 Glades Cut Off Rd Port St Lucie, FL 34987-2612 Dale A Farabee PO Box 13329 Fort Pierce, FL 34979-3329 Florida Tire Recycling Inc 9675 Range Line Rd Port St Lucie, FL 34987 Hyman B Hendler Alvin D Schwartz 900 NE Spanish River Blvd Boca Raton, FL 33431-6168 Tracy J Hoffman Kathy S Hoffman 19110 Glades Cut Off Rd Fort Pierce, FL 34987-2603 Huck`S Country Corner Inc 18505 Glades Cut -Off Rd Fort Pierce, FL 34987-2699 K & M of The Treasure Coast In 17300 Glades Cut Off Rd Port St Lucie, FL 34987-2628 R N Koblegard III Charlene W Koblegard 401 S Indian River Dr Fort Pierce, FL 34950-1530 Michael E Leben Sr Renee A Leben 21100 Glades Cut Off Rd Port St Lucie, FL 34987-2612 LTC Ranch Ind/Comm Pk POA Inc Richard L Lynch 706 Island Landing Dr Robbin C Lynch Saint Augustine, FL 32095-9638 2505 N Indian River Dr Fort Pierce, FL 34946 Joseph M Maturani Michael S McCarty 1197 SW Galvin Rd Daniel T McCarty III Port ST Lucie, FL 34953 Lela M Mitchell PO Box 3715 Fort Pierce, FL 34948-3715 Fec Rr PO Box 1048 St Augustine, FL 32085-1048 Anthon Francis Nalda Francis 4012 Greenwood Dr Fort Pierce, FL 34982-6151 Gerard C Hennis 18500 Glades Cut Off Rd Port St Lucie, FL 34987-2631 Richard T Hoxie Teresa F Hoxie PO Box 264 Fort Pierce, FL 34954-0264 George E Hyde Jr 9111 SE 65th Way Okeechobee, FL 34974-1456 Kegel and Stilli Inc 1461 NW Commerce Centre Dr Port St Lucie, FL 34986-3209 Poh Kok Man 17 Jalan SS21 11 Damansara Uta Selangor, MALAYSIA Ltc Joint Venture 700 Island Landing Dr Saint Augustine, FL 32095-9638 Rick R Massey Terry A Massey 10420 Glades Cut Off Rd Port St Lucie, FL 34986-3206 Thomas C McCarty Margaret Monahan Michael O Monahan 3672 S Brocksmith Rd Fort Pierce, FL 349454411 Wesley J McGee Paul P McMahon Paul P McMahon Crisanta U McGee Linda J McMahon Linda J McMahon 7860 Saddlebrook Dr 1352 SW Bent Pine Cove 150 Banyan Dr Port St Lucie, FL 34986-3110 Port St Lucie, FL 34986 Port St Lucie, FL 34952 Paul Meintel Steven M Meyer Evalyn M Miller 21220 Glades Cut Off 7844 Saddlebrook Dr 11354 Carlton Rd Port St Lucie, FL 34987-2614 Port St Lucie, FL 34986-3110 Port St Lucie, FL 34987-3430 Lela M Mitchell Margaret M Monahan Mark R Montgomery Daniel T McCarty III Michael O Monahan Mark R Montgomery Lela M Mitchell Thomas McCarty Jan G Montgomery PO Box 3715 3672 S Brocksmith Rd PO Box 1299 Fort Pierce, FL 34948-3715 Fort Pierce, FL 34945-4411 Fort Pierce, FL 34954-1299 Jimmy C Morgan James W Morris Mark A Murphy Jane E Morgan 11510 Carlton Rd Johnni M Murphy 19500 Glades Cut Off Rd Port St Lucie, FL 34987-3414 20806 Glades Cut -Off Rd Fort Pierce, FL 34987-2635 Fort Pierce, FL 34987-2610 John R Norvell Robert W Norvell Sr James V Orlando Janice E Norvell Catherine B Norvell Lena T Orlando 800 Ulrich Rd 17600 Glades Cut Off Rd 7852 Saddlebrook Dr Fort Pierce, FL 34982-3978 Fort Pierce, FL 34987-2629 Port St Lucie, FL 34986-3110 Panda Midway Power Partners LP Kenneth J Perry Cheryl C Phillips 4100 Spring Valley Rd Suite 1001 26 Joseph's Way 18490 Glades Cutoff Rd Dallas, TX 75244 New Bedford, MA 2745 Port St Lucie, FL 34987-2631 Port St Lucie City Of John K Quillen Reserve Association Inc 121 SW, Port St Lucie Blvd Christine M Quillen 2160 NW Reserve Park Trce Port St Lucie, FL 34984-5099 1355 Island Fork Rd Port St Lucie, FL 34986-3223 Morehead, KY 40351 ' Reserve Community Dev Dist Reserve Homes Ltd Lp Joseph M Roque 10300 NW 11th Mnr 150 E Palmetto Park Rd Ste 330 Darlene A Roque Coral Springs, FL 33071-6530 Boca Raton, FL 33432 PO Box 12163 Fort Pierce, FL 34979-2163 Ru-Mar Inc Beverly J Schoenberg Sfwmd 160 Lamont Rd Robert Schoenberg 3301 Gun Club Rd Fort Pierce, FL 34947-1538 21430 Glades Cut Off Rd West Palm Beach, FL 33406-3007 Port St Lucie, FL 34987 Robert C Shoebottom Joseph J Short Jr Roshan L H Singh Caroline A Shoebottom Kathy H Short 7812 Saddlebrook Dr -6116 Russell St 19440 Glades Cut Off Rd Fort Pierce, FL 34986-3110 Tampa, FL 33611 Fort Pierce, FL 34987-2635 Thomas W Small Nancy P Small Brandy O Small -201 SW Pagoda Ter Port St Lucie, FL 34984 William D Stark III (Est) PO Box 3715 Fort Pierce, FL 34948-3715 Russell D Sutton Elizabeth A Sutton 2090 SW Import Dr Port St Lucie, FL 34953-2111 Tyringham Ridge Inc 3468 Vista Grande Blvd Carson City, NV 89705-7147 Alvin H Weinberg Jacqueline C Weinberg 20510 Glades Cut Off Rd Port St Lucie, FL, 34987-2610 6 E Williams Doris H Williams 19270 Glades Cut Off Rd Fort Pierce, FL 34987-2603 Craig B Spengler Nelly P Spengler 3231 SW 44th Fort Lauderdale, FL 34987-2603 State Of Florida Dot 3400 W Commercial Blvd Fort Lauderdale, FL 33309-3421 Trinity Holding Co Inc 9675 Range Line Rd Port St Lucie, FL 34987-9110 U S Precast Corp 8351 NW 93rd St Medley, FL 33166-2025 George Williams 2686 Edgwater Ct Weston, FL 33332-3401 Susan K Wilson 19050 Glades Cut Off Rd Port St Lucie, FL 34987-2603 St Lucie Co 2300 Virginia Ave Ft Pierce, FL 34982-5652 Reed Sudderth Cherie Mowery Sudderth 21306 Glades Cut Off Rd Port St Lucie, FL 34987-2616 Tropicana Products Inc PO Box 660634%Frito- LayTax3A306 Dallas, TX 75266-0634 Christopher J Vann Lynn M Vann 945 Reef Lane Vero Beach, FL 32963-1121 Bobby E Williams Doris H Williams 19270 Glades Cut -Off Rd Port St Lucie, FL 34987-2603 Kenneth D Zollinger Tani B Zollinger 20786 Glades Cut Off Rd Fort Pierce, FL 34987-2610 l.VrvIMIJJIVIV PUBLIC HEARING AGENDA - April 18, 2002- &r , „ 6 TO WHOM IT MAY CONCERN z.F NOTICE is 'hereby glven,'ini accordance wtlh Section 11; 00 03 o f the St Lucie CouBt� i tiitd Development Coda andahe'prov)sions of the Sl. Lucie County Compre _ sive Plan, the following applicnnI have requested that the St 1 .. 1 Zoning Commission consioer Lucie County Pi Zoning, a U to 4. LINDA DIMSEY, for Conditional se Permit taal w - fheirfollowing requests:': social services (doycare facility) in the I (Institutional) Zon 1 ing District for the following described'property 1. INDRIO VENTURES, LLC; for a Change in Zoning from ' the AG-1 (Agricultural — 1 du/acre) Zoning District to the WHITE CITY S/Q03 36 40 LOi 26-L ESS E 126 FT CG (Commercial, General) Zoning District for,the follow- LESS N 50 FT, FO,R DR DITCH AND LESS RD R/YJ ' - . in g described property: (2.68 AC) (MAP:34/03N) - THE,WEST 4I FEET OF THE SOUTH 547.96 FEET OF Location: 384 East Midway Road. , THE'EAST 1/2,OF THE NW 1/4 OF SECT. 16, TWN 34S; R 39E, LESS 1-95 RIGHT-OF-WAY AS DESCRIBED 5. GULFSTREAM NATURAL GAS SYSTEM LLC; for a IN OFFICIAL RECORDS BOOK 233,-PAGE 2209,:FUBLIC CdnditionRI Use.Permit to allow a cross country'natural RECORDS OF -ST. LUCIE CO, FLORIDA• AND LESS gas tronsmissionline for thefollowing described property INDRIO ROAD,AND' :CANAL RIGHT-OF-WAY; SAID LAND LYING AND BEING IN ST :LUCIE COUNTY, FOLLOW THE'FEC RAILROAD, K BRANCH/GLADES FLORIDA CUT-OFF ROAD FROM SW CORNER OF THE ST. LUCIE/ OKEECHOBEE COUNTY LINE TO I-95 AND MIDWAY Location: Northeast cornet of Indrio Road and Koble- ROAD.1 gard,Road. 6. T&T LAND, LTD., for a Change in Land Use'from RU; 2. JOHN ARIE,:For a'Chon a in Zoning from the AR-1 9 9 (Residential Urban) to IND (Industrial) for the follovnri (Agricultural, Residential - _l du/acre)' Zoning. District to i described property ' the RS-2 (Residential, Single -Family .- 2 dJ/acre) to ` District for thefollowingdescribed Oro perty: 1- THE WEST TEN ACRES OF THE NW. OF THE 1/4 OF THE SW 1/4 OF. SECTION 1'TOWNSHIP 35 BEING A PARCEL OF LAND LYING'IN SECTION 16, SOUTH, RANGE 39 EAST, ST. LUCIE COUNT TOWNSHIP_ 36-SOUTH, 'RANGE 46 EAST, ST. LUCIE ! FLORIDA. COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: AND COMMENCE AT THE SOUTHEAST CORNER OF SAID THE NORTH 1/2.OF THE NW 1 /4 OF THE SW 1/4 OF, , • - SECTION 16; THENCE NORTH, ALONG THE EAST LINE SECTION 1, TOWNSHIP 35;SOUTH; RANGE 39`EAST" OF SECTION 1.6, A DISTANCE OF 1334.05 FEET TO. ST. LUCIE COUNTY, FLORIDA THE POINT OF BEGINNING OF THE FOLLOWING :' DESCRIBED PARCEL: Location:. East side, of Kings Highway approximately 2,500 feet south of Angle Road. THENCE S 69°40 00 W, A DISTANCE OF 64XI3 FEET THENCE SOUTH A DISTANCE OF 62:18 FEET; THENCE 7-,T&T LAND,LTD. for a Change in Zoning from theAG 1 S 72°26TO" W,' A 01$TANCE OF 190 FEET MORE OR t (ggricelfural —1 du/acre) and the AR 1 (Agricultural, Rest LESS TO THE. MEAN HIGH WATER LINE OF THE ST, deMtt l — 1 du/6tm) Zoning: Otstricfs to the' IL, (Igduskipl LUCIE RIVER,'THENCE NORTHWESTERLYAipNG SAID Light) `Zoning District for the following described property MEAN =HIGH 'WATER :LINE `TO ,THE INTERSECTION WITH LINE 460 75 FEET NORTH OF, AND MEASURED THE'. VEST TEN:ACRES .OF; THE NW 1/4 OF •THE NE AT RIGHT ANGLES AND,PARALLEL 1NiTH:THESOUTH .1/4 OF THE SW: T/4 OF SECTION 1, TOWNSA 35 { LINE OF'THE NORTHEASTONE-QUARTER OF THE SAID SOUTH, RANGE 39 . EAST, ST. 'LUCIE COUNTYj. SECTION 96; THENCE EASTERLY ALONG LASTLY SAID fLORIDA LINE,A DISTANWOF 1706 FEET, MORE OR LESS, TO: THE:' INTERSECTION, WITH THE SAID' EAST LINE OF AND - SECTION 16, THENCE SOUTH ALONG SAID EAST LINE OF SECTION (6, A DISTANCE OF•460 75 FEET!TO THE r R T W 1/4'O" F THESW 1/4 OF THE NO 1 /2 POINT OF BEGINNING:LESS THEEAST 23.00 FEET FOR. JTN NF H SE( 1, TOW S HP 35 SOUTH, RANGE`39 EAST ROAD RIGHT Qf WAY : • ST. WCIE COUNTY, FLORIDA.- ' Location:'`West side.of'OleanderAyepue approxfmaffily Lorntian: EasE side .of Kings Highway approximately" 206 feet north of Elyse Circle. 2;500 feet south of Angle Road. ' 3. ALF'S SPIRITS AND WINES, INC4 fora Conditional Use Permit to allow a retail liquor store in the CG'(Com- PUBLIC HEARINGS will be held in Commission Chambers merd, General) Zoning. District 'for the following Roger Poitras Anngx 2300. Virginia Avenue, Fort_ Pierce described properly Florida on April.18, 2607 beginning at 7.00 P. or as soon. thereafter as possible. PARCEL 1 PURSUANT TO Section 286 0105, Florida Statutes, if a ALL OF THAT AREA DESCRIBED AND SHOWN AS PAR- decides to appeal any decision: made by aboard, CEL NO. 2 ON:THE PLAT OF WINDMILL VILLAGE BY person agency, or commission with'respect to -any maw-consld= THE! `A'REPLAt"OF UNITSA AND 1-A, ACCORD- eyed at a meeiing or. hearing, he will need a record of the ING TO THE PLAT THEREOF, AS RECORDED IN, PLAT 'ST proceedings, and turn, for such purposes, he may need to BOOK 16 PA'Gtc 6 PUBLIC RECORDS OF lUC1E ensure that a verbatim record of'the proceedings.i; made, COUNTY F.LORIDA : which record includes the; testimony and evidence upon , " is to be based. w "`fh appeal ` hlch a PARCEL 2:• PLANNING AND ZONING COHIMISSION , FOR A POINT:OF BEGINNING, COMMENCE AT THE NORTHEAST CORNER'OF'WINDMILL,VILLAGE BY THE , . ST. LUCIE COUNTY, FLORIDA /$/'Stefan MaBhes, CHAIRMAN SEA, `UNIT TWO A$'RECORDEO.IN PLAL'BOOK 16; PAGE 31, Qi;:THE PUBLIC RECORDS OF< ST.. LUCIE pUBLISHDATEd Apri1.6,2002 2395868 COUNTY, FLORIDA '1rHENCE RUN SOUTH 89'56'22" WEST ALONG, THE- NORTH LINE OF •SAID• PLAT; • A DISTANCE`OF'27AZ FEET; THENCE RUN SOUTH 6T03'38" EAST PARALLEL WITH THE'EAST UNE:00 SAID PLAT, A DISTANCE`OFY11.82 FEET;'THENCE RUN NORTH 89°56'22 EAST,'A DISTANCE OF 247:09 FEET'. TO AN INTERSECTIONWITH THE, WESTERLY. RIGHT-- OF-WAY UNE OF STATE -ROAD AIA At NOW LAID OUT: AND IN USE; THENCE RUN NORTH 23°49'31" WEST ALONG SAID RIGHT-OF-WAY; A DISTANCE OF 122.21 FEET; THENCE; RUN SOUTH 89°56'22",WEST ' ALONG A LINE THAT IS AN EASTERLY PROJECTION OF THE NORTH LINE OF SAID WINDMILL VILLAGE BY THE SEA, UNfT TWO, A DISTANCE OF 110.06 FEET TO THE POINT OF,BEGINNING. i SAID LANDS SITUATE, LYING AND BEING IN ST. LUCIE. COUNTY, FLORIDA. { Location: 10875. South Ocean Drive. (Golleria Shopping Center) - - i i 4115102 K & M of the Treasure Coast 17300 Glades CutoffRoad Ft. Pierce, Fl. 34988 Board of County Commissioner 2300 Virginia Av. Ft. Pierce, Fl 32922 Re. Gulfstream Natural Gas System, .f .LC Dear Commissioners, With regards to the natural gas pipeline, we would like to endorse the permitting of this project. At present we are operating 7 acres of Greenhouses on Glades Cuto, f, f 'Road. Our source of heat is propane. Natural gas would be a welcome alternative. Sincerel , Chip oblegard �� i - rVo ... �'S;3 .. i f Planning and Zoning Commission Review,:,04/18/02 Gy �J File Number CU=02-003 oR►oP M E M G R A N D. U. M DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Planning and2onir' Commission FROM: Planning Manager1� DATE: April 11, 2002 SUBJECT: Application of Alf's Spirits and Win_%Inc. for a Conditional Use' -Permit to allow a retail liquor store in the, CG (Commercial, General) Zoning District. LOCATION: 10875 South Ocean Drive. (Galleria Center) ZONING DISTRICT:, CG.(Commercial, General) FUTURE LAND USE: ' COM (Commercial) PARCEL SIZE: N/A PROPOSED USE: Retail Liquor Store SURROUNDING. ZONING: CG, to the south and east. HIRD (Hutchinson Island Residential District) to the west, northeast, and southeast. I SURROUNDING LAND USES; The general existing use surrounding the property is some commercial and residential. The Future Land Use Classification of the immediate surrounding area is COM. (Commercial) to the south and east. RU (Residential Urban) to the west.;'RM (residential medium) to. the southeast and northeast.. I FIRE/EMS PROTECTION: Station .48 (7583 South SR A-1-A), is located approximately, 3'milas to the north. UTILITY SERVICE: St. Lucie County Utilities provides sewer service and' -the I' I I Ft. Pierce Utilities Authority (FPUA) provides water. i f �c t. Yi April '11, 2002 Subject: Alfs Spirits and.Wine, Inc. Page 2 File No.: CU-02-003 TRANSPORTATION IMPACTS RIGHT-OF-WAY Cexisting righto-wawidhr As 1;00ADEQUAY: The. feet, SCHEDULED IMPROVEMENTS: None. TYPE OF CONCURRENCY . ; DOCUMENT REQUIRED: Certificate of Capacity. 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 Planning and Zoning Commission shall ,consider and make. the following determinations: 1: Whether the proposed conditional use is in conflict with any, applicable portions of thwSt. Lucie County Land:Development Code; The proposed .conditional use is not in conflict with 'any applicableportions 'of the St.`- Lucie County Land Development Code. Section 3.0103(S)(7), '_"CG (Commercial, General) . Zoning . District, -allows the ' retail 'sale of liquor as a conditional use subject to Board of County'Commission approval. 2.. - Whether and the extent to which the proposed conditional use would have an adverse impact on nearby. properties; The proposed ` conditional use is not expected < to adversely impact the surrounding properties. The proposed store is located 1n ' a shopping plaza with other commercial uses. A restaurant (Rotties) serving alcohol' is located to the east. The subject site was previously the location of a retail liquor store that went out of business.: 3. Whether and the extent to which the proposed conditional use would be served by adequate public facilities and services, including roads, police protection, solid waste disposal; water, sewer' drainage structures, parks, and mass transit; This conditional use is not expected to create significant additional demands on any public facilities in this area. Access to the property is provided through South SR A-1-A. I i L r�LT f xi , I- f 5 k F April`.11, 2002 Subject: Alfs Spirits and Wine', lhc. . Page 3 File No.: CU-02=003. 4. Whether and`the extent to which the proposed conditional use would result in significant adverse impacts on the natural environment;. i The, proposed conditional use is not anticipated to create adverse impacts on the natural environment. The proposed site is located in an existing shopping plaza: COMMENTS The applicant, Alfs Spirits and Wine, Inc., has applied for the requested ^conditional use in order to sell liquor -in the CIS (Commercial, General) Zoning District. Retail liquor stores are allowed as'conditional uses in this zoning district subject to the approval of the Board of County Commissioners. The subject site was previously the ovation of a retail liquor store that went out of business. Staff finds that .this petition meets the standards of review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County, Comprehensive Plan. Staff recommends that - you forward ,this petition to the Board of County Commissioners with a recommendation of approval, subject to the following condition.: Only the retail sale of liquor shall be permitted. Please contact this office if you have any questions on this matter. ` i Attachment hf cc: County'Administrator County Attorney Alfs Spirits and Wine, Ind. - File i i i I I I Suggested motion to recommend .approval/denial of this requested conditional use. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED ,DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTYBOARD OF COUNTY COMMISSIONERS ` GRANT APPROVAL TO THE APPLICATION OF ALF'S SPIRITS AND WINE, INC., FOR A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A RETAIL LIQUOR STORE IN THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT, BECAUSE - [LIST CONDITION(S)] , MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS,; AND THE STANDARDS OF REVIEW AS SET FORTH IN . SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF ALF'S SPIRITS AND. WINE, INC., FOR A CONDITIONAL USE PERMIT TO " ALLOW THE OPERATION OF A RETAIL LIQUOR STORE IN THE CG (COMMERIAL, GENERAL) ZONING DISTRICT, BECAUSE.... [CITE REASON(S) WHY - PLEASE BE SPECIFIC] Section 3.01.03 Zoning District Use Regulations S. CG COMMERCIAL, GENERAL Purpose The purpose of this district is to provide and protect an environment suitable for a wide variety of commercial uses intended to serve a population over a large market area, which do not impose undesirable noise, vibration, odor, dust, or offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with general commercial surroundings. The number in "()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Adjustment/collection & credit reporting services (732) b. Advertising (731) C. Amphitheaters (m) d. Amusements & recreation services -except stadiums, arenas, race tracks, amusement parks and bingo parlors (7s) e. Apparel & accessory stores (w) f. Automobile dealers (55) g. Automotive rental, repairs & serv. (except body repairs) (751,753,754) h. Beauty and barber services (723a24) i. Building materials, hardware and garden supply (52) j. Cleaning services 7349) k. Commercial printing (9N) I. Communications - except towers (ae) M. Computer programming, data processing & other computer sere. (737) n. Contract construction serv. (office &interior storage only) (wi&17) o. Cultural activities and nature exhibitions (999) p. Duplicating, mailing, commercial art/photo. & stenog. serv. (733) q. Eating places (581) r. Educational services - except public schools (ee) S. Engineering, accounting, research, management & related services (e7) t. Equipment rental and leasing services (735) u: Executive, legislative, and judicial functions (91192193194/9519W7) V. Farm labor and management services (o76) W. Financial, insurance, and real estate (ao1el/e2/e3/aa1a5/e7) X. Food stores tsa) y. Funeral and crematory services (72e) Z. Gasoline service stations tss4n aa. General merchandise stores (53) bb. Health services (eo) CC. Home furniture and furnishings (57) dd. Landscape & horticultural services (o7e) ee. Laundry, cleaning and garment services (721) ff. Membership organizations - except for religious organizations as provided in Section 8.02.01(H) of this code taq gg. Miscellaneous retail (see SIC Code Major Group 59): (1) Drug stores (591) Adopted August 1, 1990 118 Revised Through 08/01/00 Section 3.0:1.03 ." Zoning District Use Regulations : " 1 i (2) Used merchandise stores (s93) (3). Sporting goods (5941) Book &. Stationary (594215943) --- _ (5) _ Jewelry (5944) (6) Hobby, toy and games (5945) (7;) Camera & photographic supplies (5946) (8) Gifts, novelty and souvenir (5947) (9) Luggage & leather goods (5948) (10) Fabric and mill products (s949) (11) Catalog, mail orderand direct selling'(s9susss3) , (12) Liquified petroleum gas (propane) is984) (13) Florists (5992), (14) Tobacco (5993) (15) News dealers/newsstands (s994) (16) Optical goods (5995) (17) Misc. retail (See SIC Code for specific uses) (s999)' hh Miscellaneous personal services (see SIC Code Major Group 72): " (1) Tax retum.services (729) (2) Misc. retail (See SIC Code for specific uses) (7m) ii. Miscellaneous business services (see SIC Code Major Group 73): 0) ~=Vve. guard and armored car services (73e,) (2) ity;system:services (t382) (3) News syndicate(i3e3) (4); Photofinishing laboratories (73e4) (5) ` Business - services "misc. (73e9) �.: Mobile home dealers (sz» :• kk. Mobile food vendors (eating places, fruits & vegetables -retail) (999) II. Motion pictures (rs) mm; Motor vehicle parking - commercial parking & vehicle storage. (rsz) nn. Museums, galleries and gardens (s4) oo. Personnel supply services (736) PP: Photo finishing services (73e4) qq.<'. Photographic services y22) . rr. Postal services (43) ss. Recreation facilities (999) ft. Repair services j75) uu. Retail trade -indoor display and sales only, except as provided in Section 7.00.00. (999) W. Social services: (1), Individual & family social services (e32re39) (2) Child care services (e35). (3) Job training and vocational rehabilitation services (e33) ww. Travel agencies (4724) xx. Veterinary services (oi4) 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. ( Adopted August 1, i 1990 119 Revised Through 08/01/00 Revised Through 08/01/00 —-- z C%) C N O , +- J CD N N W r ' (a) / I a N ) N CDN„ ' • • g Cl) c t�e� r 4 - Ut c t�6 `� a o 1 �N co g� � ►. t �5 1£ tN stl' J. i � S`V�pt t to WN � W t _.MW P Q+ 6 • O C • o wr ' Ndd1 is /arz r f ad < 1T g a rn `T _ W W ♦ � w vaa � rc } F— rod Rv U � mod mom O U mod 1 mod 3Mt 3ONYd mod ton d3m7H us � walod 1T3Q W Z_ m M1 f M Q C � amamK GIOtl dO1RIM3 QK•i TM7 F Z i .Q W W ti � apip M 9- CC S K 1 S St 1 S 9£ 1 AiNnoo 3380HO33>10 A Petition of Alf's a retail liquor stor( ♦ a a � a A a Je o s • >D t • b , q K � b J irits and Wines, Inc. for a Conditional Use Permit to allow the CO (Commercial,,: qeneral),Zoning District. C U 02-003 �////This pattern indicates subject parcel ';�r -./ 1 ` Map prepared March 26, 2002 im � as pxpoaa atr. N aranwwn ooaU.. tie not tnombaa far a a a fogey t*b* Ooa aM s Waterway o i o Alf's Spirits and Wines, Inc. i HIRD C, co 0 0 o- 7 CU 02-003 This pattern indicates YZZZ subject parcel Atlantic Ocean Kea a Ra Drive HIRD U Map prepared March 26, 2002 ~bm been awk b VoAd. ft."C.-C W —0. Mo bm Oo.V0. A4 "Mended for we u • %g* bh*V door-1- Land Use... Alf's Spirits and Wines, Inc. • x \ I a , a m • A \ • aI • IV \ • B • s If ! \ II d \ ! ! 4 S 5 ! \ N 23 • ; a Waterway i\ RU CU 02-003 This pattern indicates subject parcel RM Atlantic Ocean Com a Ra Drive T/U Map prepared March 26, 2002 ��bw 1. �WW t a#/ ,b — an N w,bff-W to VA-odaff"wId axa!•e kd... -potable. R is not W.,*d for u a a %g* bhft dxm•L Alf's Spirits and Wines, Inc. rk 1.18 ac. a Waterway 3 1 \ 4 C U 02-003-------------- 500' boundary ////This pattern indicates / subject parcel Map prepared March 26, 2002 pp— e"Wh. b— m.d. b �e f &W kYonosdm Pw*1%k to nol kRrMed 1W use r s %9* bM*q docwmnL q S` gg ��tt t q Y2 gg ALL* r / •y/� f�"+/�s ��t .'� /y ��#1 _-S k'j'� '"ids.'. ,�irl, rN *', ,,.'�s �� �'f �`a�"�'• :: � 'tea `' '�",.x. .+� �i;=�. �® P pp� YgS� fla' � � y a i t_ ram`Fr AFIV 1 rT •} >;Sp3 A€�42 R! ,�q,.%'4 i Sy ¢ e" A z IN x r. r i F 4 y' f Y "'.'_`"s^�m-a�--xrr-orpa�-- a a xA , sag 'y ,�i q-_ { VzLg�:Qti ��5�a.iax., I MR! P" A; L; V 4 ;V- - - - - - - -- -- -- - P 4;_-jg',Z I I Ww -1 W: I A •-1 -1 -1 A A A �8 1 J .,Z:�1iZ^IO w; j vi z i m Co. 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N oio; )F�o. a�10 ="' vlol�t vLa�e� '" c1�v�v�c "' x3vls�v>_e.�s�sLc!'" v v.LolvSsJs_c�e_v's�.<_vIv e% �oI•"'",N' cLeLv-LQ.�_I.sc.sj p i i.rtw�lt � ;g x � lal .i AUti �1�,_It'- � i � h N•N •Q b h� yN NC I jj , jjj,•�! z ,It,I,�,III1, 3 I I{ I I 4 ' l c 1 a.z'_ i j3+ 1 V e p lit Y o l y$9�+t tt `I S Y N TT fi� �Q5 I) Q iii iIQ� INN, Q. �$3 gg }Q{ QX qqX ��p5p �I ml �1„�„11g gllo!oo-Flo-ololo; 1 d w N'N' f ' _n l N I N N N I^ _i ��a__._L'UO �?_LY�9LQ�QI QI�GI Q.LQJ QJQ 41QQ�Q�Q I"'_ l PLANNING AND ZONING COMMISSION, Y' PUBLIC HEARING AGENDA April l 8, 2002 TO WHOM MAY CONClnNs IT with Sect NOTICE h heeby� given ` ion r £Ij-0003 offhe'St Lucfe`Coun1Y Laid",b refopt;nf Code Viand the'rovisions of the St- Lucie Coiirity.Comprehensive Plan, the following applicants have requested thdt the Sf Lucie.County'Plannin and Zoning Commaston consider 9 ditional Use Per it to allow 4, LINDA DIMSEY, for a Con m their following'requesh:'`" socidf services (day care facility) in the I (InstitutionaQ'Zon 1. INDRIO VENTURES, LIC, fw a Change id Zoning from ing District for the following desalbed'property:. the AG71 (Agricultural —1 du/acre) Zoning District to the WHITE CITY S/D 03 36 40 LOT 26-L ESS E 120 FT AND CG (Commercial; General) Zoning District for the follow-' LESS'N 56 FT f0 R DR DITCH AND LESS RD R/W , in g described property: r (2.68 AC) (MAP 34/03N) THE WEST 400 FEET 'OF THE SOUiH 547.96 FEET OF Location: 384 East Midway Road. r THE EAST 1/2 OF THE NW 1/4 OF SECT. 16, TWN 34S, R 39E, LESS 1-95.RIGHT-OF-WAY AS DESCRIBED S. GULFSTREAM NATURALGAS SYSTEM, LLC, for, IN OFFICIAL RECORDS BOOK 233; PAGE 2209; .PUBLIC Conditional Use Permit, to allow a cross country naturAl, RECORDS OF ST. LUCIE CO, PLORIDA AND LESS gas transmission line for the following described property : INDRIO ROAD AND CANAL RIGHT-OF-WAY, SAID .' z LAND LYING ;AND BEING IN ST LUCIE COUNTY, FOLLOW THE FEC RAILROAD, K BRANCH/GLADES FLORIDA CUT-OFF ROAD FROM SW CORNER OF THE ST. LUCIE/ OKEECHOBEE COUNTY LINE TO 1-95 AND MIDWAY Location: Northeast corner of Indrio Road and Koble- ROAD: gard Road, 6T&T LAND, LTD., for a Change in Land Use from Rli" 2 . JOHN ARIE;: for a Change in Zoning from the AR-1 •`, . (Residential Urban) to IND (Industrial) for the following- (Agricultural, Residentiah- 1 'do/acre) Zoning District to L described property the.RS-2 (Residential, Single -Family =2 du/acre) Zoning District for the following described pro pery: I THE WEST TEN ACRES OF THE NW 1 /4 OF THE NE BEING A PARCEL'OF LAND LYING IN SKTION 16, 1/4 OF THE SW 1/4 OF SECTION i, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUN�Y;. TOWNSHIP 36 SOUTH; RANGE 40 EAST, ST.`LUCIE I FLORIDA " COUNTY, FLORIDA, AND BEING MORE..PARTICULARLY t DESCRIBED AS FOLLOWS: AND COMMENCE AT THE SOUTHEAST CORNER' OF SAID THE NORTH 1/2 OF THE NW 1/4 OF THE SW 114 OF; SECTION 16; THENCE NORTH, ALONG -THE EAST LINE SECTION ],TOWNSHIP 35 SOUTH,. RANGE 39 EAST • OF .SECTION ''1'6, A DISTANCE OF `..1334.05 FEET TO _ ST. LUCIE COUNTY, FLORIDA. THE POINT OF BEGINNING .OF THE FOLLOWING DESCRIBED PARCEU Location:. Eastside 'of Kings Highway approximately - THENCE S 89"40 0Q" W,4 DISTANCE OF`64h13 FEET• ! 2,500 feet soutb of Mgte Road THENCE SOUTH A DISTANCE OF 62.18 FEET; THENCE ! ' j, T& ' LAND, LTD for a Change In Zoning'from Nte AG 1' S72'28'W W`ADISTANCE OF<T90'FEET,-MORE,OR A nailtural-1du/am)andthe'AR-1 (Agriwhural Rest- ( g LESS_ TO THE MEAN HIGH WATERS LINE• OF THE ST, denial - 1 du/6cre)'Zoning-0itMcfs to the' ll'(Inoparial LUCIE RIVER `.Ti{ENCE NORTHWESTERLY ALONG SAID. Light)•ZonirgDlstrictforthafollowingdesaibedproperty MEAN HIGH'WATER:'Ut4E TO':THe'INTERSECTION WITHAUNE440'75FEET.NORTH OF,ANDMEASUREp THE'.WEST TEN ACRES OF:THE NW 1/4,OF THE NP AT RIGHT ANGLES AND'PARALLEL WITH:THE SOUTH 1/4 OF THE SW T%4 OF SECTION i, TOWNSHIP ONE WlHE NORTHEASTtONE-QUARTEROF THE3AID SOUTH RANGE 39 EAST ST. LUCIE COUNTY SECTION T6 TH9NdE EASTERLY ALONG LASTLY SAID ;FLORIDh LINE'A DISTANCE`OF 1706 FEET MORE OR LESS; TO ` THE 'INTERS 0101`4 WITH THE SAID EAST' L(NE OF AN : f SECTION 16,. THENCE SOUTH ALONG SAID EAST LINE : j OF SECTION 6 A D)STANCE OFr'460.75 FEETMO THE THE NORTH 1/2 OF THE NW 1/d`OF THESW:1/4 OF POINT.OF'BEGiNNING LESS THEFtWr2300 FEET FOR S ECTION 1; TOWNSHIP 35 SOUTH; RANGE`39. EAST - ROAb RIGHT -OF WAY : ST. LUCIE COUNTY FLORIDA Location WeshsldeOf Oleander Avenue approximately Locgtion: East side of Kings Highway approximotely - 200 feet n6d of Elyse Clre)e 1 e ' 2 500 feet south of Angle Road. 3. ALF S SPIRITS AfJD WINES INC;,'"For a Conditional - ' Use Permit to afiow a retail liquor store in the C_ G' (Coin- pljgLlC HEARINGS will be held in Commission Chambers, merciai, Genetal) • Zoning Otshid'>`for : the following. 'Roger Poitras Annex 2300 Virginia Avenue, Fort F!teroe, desuibed prgodty.. Florida on.Apri118; 2002; beginning at 7:00 P.M,or as, PARCEL if soon thereafter as possible. PURSUANT TO Section 2860105, Florida Statutes iUd ALL OF THAT AREA DESCRIBED AND. -SHOWN AS PAR- erson decides to appeal an decision made b a board, P PPS Y Y CEL NO. 2.ON THE PLAT OF WI pMIL VILLAGE BY , • :- .agency °f c°mmission with'respect-fo any matfer'conitd. THE SEA `A`REPLAfibF UNITS 1 iAND 1�A ACGORO- � I °t ° meeting or, hearing, he will need . record of the ING TO THE `PLAT THEREOF AS: RECORDED`IN PLAT 'ST;::LUCIE proceedings,'and that, for such purposes he may neetl fa i BOQK 16, PAC1E 6 PUBLIC RECORDS f ` r ensure that a verbatim record of'the proceed'ingr.it made, COUNTY`F.L7RIDA which record -includes the testimony and evidence upon ' which the appeal is to be based. PARCEL 2: FORA POINT OF BEGINNING, COMMENCE AT THE `.or- PLANNING AND ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA NORTHEAST.'CORNE WINDMILCAALLAbE BY THE . R Stefan Matthes, CHAIRMAN SEA,' UNIT TWO AS RECORDED IN,: PLAT'BOOK -16; PAGE 31 QF jTHE`P,� BLIC RECORDS OF ST,: LUCIE PUBLISH DATE: Apri1:5,2002 ` . 2305868. COUNTY FLORIDA THENCE RUN SOUTH 89'S6'22" ` r : WEST ALONG: TT}HIE i ORTH LINE:OF AID PLAT, A '. + . y DISTANCE OF'Tx1"9 .BEET THENCE,,,'RUN SOUTH 00Y03 38 EAST, PAR11lEE1 WITH jTHFifEA$T-1INE OF SAIp PLAT'A OMA14d"Ide T11 J32:fEET THENCE RUN ; NORTH 89.°56'22 EAST �A DISTANCE bF.247:09 FEET 70 AN INWITH THE WESTERLY RIGHT ` OF -WAY LINE OF STATE ROAD AIA AS NOW LAID i OUT AND IN USE;. THENCE RUN NORTH 23°49'31" WEST ALONG SAID•RIGHT-OF-WAY, A DISTANCE OF )22.21 FEET;. THENCE"RUN SOUTH.89'56'22"' WEST _ ALONG A LINE THAT IS AN EASTERLY PROJECTION OF THE NORTH LINE OF SAID WINDMILL VILLAGE BY THE SEA, UNIT TWO, A DISTANCE OF 170.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA, Location. 10875, South Ocean Drive.'(Galleria Shopping Center) �� JD } tt Planning and Zoning Commission Review: 04/18/02 �y yam► File Number CU-02-004 cn 3, oR MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO Planning and Zoning Commission FROM: Planning Manager' DATE: April 11, 2002 SUBJECT: Application of Mercedes Academy'and Child Development, Inc. (Linda Dimsey, Agent) for a Conditional Use Permit to. allow social services (day care and pre-school facility) in the I (Institutional) Zoning District. LOCATION: 384 East Midway Road: (Within the Port St. Lucie Church of.Christ) ZONING DISTRICT: I (Instltutional) FUTURE LAND USE: COM'(Commercial) PARCEL SIZE: 2.68 acres C PROPOSED USE: Day Care and Pre -School Facility SURROUNDING ZONING: CG to the west and east. CO (Commercial, Office) to the south, RS-3 (Residential, Single --Family T 3 du/acre) to the north. SURROUNDING LAND USES: The general existing use surrounding the property; is commercial and residential. The future Land Use Classification of the immediate surrounding area is COM (Commercial) to the south, east, and west. RM (Residential Medium) is located to the north. FIRE/EMS PROTECTION: Station #6 (250 East Midway Road), is- located approximately 0.5 mile to theeast, UTILITY SERVICE: i The subject property is served' by a well and septic system. k,= k April 11, 2002 Subject: Mercedes Academy and Child Development, Inc. (Linda Dimsey, Agent) Page 2 File No:: CU-02-004 TRANSPORTATION IMPACTS RIGHT-OF-WAY' - ADEQUACY: The existing right -of --way width for, East Midway Road 66 feet: SCHEDULED IMPROVEMENTS: None. TYPE OF CONCURRENCYri DOCUMENT REQUIRED: Certificate of Capacity. STANDARD&OF REVIEW AS SET FORTH IN. SECTION -11.07.03, ST LUCIE COUNTY LAND DEVELOPMENT CODE 'In reviewing -this -application for thei proposed _conditional .use, the: Planning and Zoning: E Commission shall consider and make the following. determinations: 1 Whether the proposed conditional use is in.cpnfllct:with any applicable �j portions .of the St. Lucie County Land Develop'meht Code; The.proposed conditional use is not in conflict -with any applicable portions of the . '. St Lucie;County Land Development Code. 'Section 3,01 A3(X)(7), I (institutional) Zoning District, allows day care and preschool facilities as a °conditional use subject to Board of County, Commission ;approval. 2.. Whether, and -the extent to which. the proposed conditional use wound have a";'aduerse impact on nearby properfes; The proposed conditional use ' is not expected to adversely impact the surrounding .properties. The proposed .day care facility would be located within the existing church facilities. 3: Whether and the extent to which the proposed conditional use would be served by adequate public facilities and services, including roads, police protection, solid waste disposal, water, sewer, drainage structures, parks, and mass transit; This conditional use is not expected to create significant additional demands. on any public facilities in this area. The proposed use is within the existing church facility. April 11, 2002 .Subject: Mercedes Academy and Child Development, Inc. (Linda Dimsey, Agent) Page 3 _ File No.: CLI-02-004 4. Whether and the extent to which the proposed conditional use would result . in significantadverse impacts on the natural environment; The proposed conditional use is not anticipated to create adverse impacts on the natural. environment. The proposed site is located in an existing religious facility. COMMENTS The -applicant, Mercedes Academy and Child Development, Inc., Linda Dimsey", Agent, has applied for the requested conditional use"in order to have a day care and pre-school facility in the Port St. Lucie Church of Christ" building located on East Midway Road. Day care and pre- school facilities (social services) are allowed as conditional"uses in this zoning district subject to the approval of the Board of County Commissioners. - Staff finds that this petition meets the standards of review as set `forth in Section 11.01.'68 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies` of the "St, Lucie County Comprehensive Plan. Staff recomrrlends that; you 'forward this petition to the Board of County Commissioners with a recommendation of approval, subject:to the following conditions: Zr 1`. The number of, day care/pre-school children shall be limited to a maximum " of 40. fir: . 2.1 The hours of operation for the child care and pre-school facility shall be from 6 A,M to 61 PA., Monday through "Friday. Please contact this office if you have any questions on this matter. I Attachment ` hf cc: County Administrator County Attorney Linda Dimsey File Suggested motion to recommend approval/denial of this requestedconditional use. ' MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HE INCLUDING STAFF COMMENTS, AND THE STANDARDS.OF REVIEW AS SET FORTH IN SECTION 11.0703, ST. LUCIE COUNTY LAND DEVELOPMENT CODE; I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE,ST.' LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF. MERCEDES ACADEMY AND CHILD DEVELOPMENT, INC. (LINDA DIMSEY; AGENT), FOR A CONDITIONAL USE PERMIT TO ALLOW SOCIAL SERVICES IN THE I (INSTITUTIONAL) ZONING DISTRICT, BECAUSE... [LIST CONDITION(S)] MOTION TO DENY — AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC :HEARING, INCLUDING STAFF.. COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH' IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE.ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF - MERCEDES ACADEMY AND CHILD DEVELOPMENT, INC. (LINDA DIMSEY, AGENT) FOR A CONDITIONAL USE PERMIT TO ALLOW SOCIAL SERVICES IN THE I (INSTITUTIONAL) x.;. ZONING DISTRICT, BECAUSE... [CITE REASON(S) WHY - PLEASE BE SPECIFIC] Section 3.01:03 . 4 Zoning District Use Regulations 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 b'' compatible, with institutional, public, - and quasi -public surroundings. The number in "Q" 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 Section7.10,07.'(999) b: " Family day care homes. 999) c. Family residential home's provided that such homes shall not be located within a radius of one thousand (1000) 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. (m) d. Institutional residential homes. (m) e, Parks. tsssi f. Police, & fire protection tsrl,=q g, Recreational activities. (M) h. Religious organizations (ee) 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. tsssi k b. Cemeteries. (6ss3) c: Membership organizations test t, d. Correctional institutions: mny e. Cultural activities and nature exhibitions. (9e9); f. Educational services and facilities (82) g. Executive, legislative, and. judicial functions. (91.92,93.94,95.96.97) -: - Adopted`August 1, IWO 132 Revised Through 08/01/00 - k� F Section 3.01.03 Zoning District Use Regulations " h. Fairgrounds. csss> l i. Funeral and crematory services. (726) '. j. Theaters. (999) k. Medical, and other health services. (eo)_" 1. Postal service. (43) m. _ Residential care .facilities for serious or habitual juvenile offenders. (999) n. Social services (e3) o: Sporting and recreational camps 0032), p. Stadiums, arenas, race tracks n94l q. Telecommunication towers - subject.to the standards of Section 7.10.23 (999) 8.- Accessory Uses Accessory uses are subject to the requirements of Section 800.00, 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.) t9�1 c. Funeral and crematory services. (n d. Heliport landingttakeoff pads. w% e. Detached single=family dwelling unit or mobile home, for on -site security purposes. t999t f.. Residence halls or dor`nitories. (seer C I. • Adopted August 1; 1990 133 Revised Through 08/01/00 a+w z w i 0 V/A ^O w � `J - +o e O U Z F=- A Petition of Linda Dimsey for a Conditional Use Permit to allow social services in the I (Institutional) Zoning District. I I I I I I 1 11 20 27 25 125 24 123 2218 4! 140 39 138 37 136 135 134 33132 131 130 29 I I I I I I I I I I I I I I I I I Ba sin er Avenue t I j I t I I I I I I t I I I I 1 202512 231 1 201 191 1 0 l J6 I 1151114 111211 !3 I !21I 11111 101 1 81 7 1 6 I I I I I I I I I I I I I l l 1 1 I I 27128 29110 31 132 I33 34 135 L36 37 1 39 40 141 42 143 44 145 46147 1 1 I 1 1► 1 1 1 1 1 I Traub Avenue I I I I I 1 1 I I 1 1 I I I 26` 25124 11�3 � 221 ?J 120 19 � 18 n; 15 15 I M !3 12 j 8' p j 9 8 17 6 I t l l l I I 11 I I I 1 I Canal v 2 3 t rT 2 WI 2J '1 - 27 N. Midway Road CU 02-004 This pattern indicates subject parcel �////l mogul Barraclouah Street I .►onns�on �Tree� 4 5 4 7 8 9 Ashlev Street Map prepared March 28, 2002 ,h Wb—�tr� P ,_ N TAM -Y O"r- b— n b P4. M mollaw4�n0 mwle Hmn� pe�Dll,�M noliisWd trr M � Yp/p d�0 �� Land U. 0 a 3 t _rn N D D O rn Linda Dimsey 120 251 1 1 1 2 123 1221 1 I 1 1 I 1 120119 11 1 1 I 1 I 91 l6 1 r51 a I I I 1 1 r3 I re I I I 1 1 rr 1 a 1 I I 1 1 1 8 1 7 16 I I f 1 1 1 1 1 1 j 1 1 1 1 1 90 2TI 28 I 29 IM I I 3l 132133 I I I t N 135 1% I I N 1 I 39 0 14 I 42 143 I -ff 145 I .6 1 q I Traub Avenue 112131415 11 I 1 I LU-11 a a' 37 9 _ — (D v OMre 8 7 1 6 1 5 124 9 10 q [12 1 10 Sarraclouah Street 9 B S T 6 5 p 13 I Indio Avenue c3 I I I l i N Johnston Street 12 3 1+ 5 ' 6 IT g l I l5 1 11, 1 A6 6 1 5 CU 02-004 This pattern indicates Z�IA subject parcel r1213 5161T18 91p1p 111 I11 III 11 a u Ijljl I11.11 1121514151 . T 8 N � C N 9 H O V)__ 7 8 9 Ashley Street Map Prepared March 28.2= Trft hrb- tr.-0. 0 q .a .0— -. Vwr. .V Muth- b - -ft \T Ylumrbn patltitY natYrbed trw r Ypy hYdV Amnrc F-------- 1 Kid Linda Dimsey i CU 02-004 This pattern indicates ��IIA subject parcel 252JI I 1 I 1 I 1 I I I I 20I191 1 1 11 1 I I In1w61 I 1 15IN I I l3I@l I I 1 1 ulA7I I I I I I81716 I I I 1 1 I I I I I I 1 I I I 1 I° 2n W I 29 00 I I 31132133 I I I I 34 155 W I I I 37 IN I I 39 40 141 I 42 143 I 44 145 I I 46 147 I I ircuo Avenue orroclough Street 9 8 7 6 5 4 H 1 I Johnston Street 6 i 5 4 I Map prepared March 28, 2002 �+.��wuda�r�arr�oeaaun. ru+iemoaoamrt I I I I I Linda Dimsey I I I I I I I ( 261 27 P6 1,5 24 1 P3 V Zr 4114D 39 1 38 37 136 35134 3313E 131 I m 29 I I I I Ba sin er Avenue — ----- i.za ac. ' 9g : 4.24 ac. v 3 1.06. ac. :) = • cn 1.19 ac. 4.37 ac. 25 I i2i i4i5i 0.63 ac , . 7 C 0.61 ac. 8 a' 0.43 acJ1 I I -2mw q. t I 2Y' 0.17 I Y' 01 I I j r231-R1r I O.pO, I I I 1vi"wT 10.1110 1 I /3Tw Q 1 1 t� 1121 .04 j 1 u 1 AO I I 1 , 81 7 1 6 043710.1151 5r1 0.31 : I I I 91 Plj ffi I 29 130 I 31 132 i J3 I I 34 135 136 I 37 i I 39 I � 4P i 43 44 145 46147 Traub Avenue ; 11. 61 aq I 0.9 .5 JJ1.24 I�3 1 221 2112b 19 IBH :3 j 9 a 17 6 Canal : I ' 1 ' I ' f ' 1 1.48 2.85 ac. 1•49: ac. 27 a�' 8 1 E I ' I I ; I 11213 51,61718 gwil 0.2€3 a l� 0.417 1 2 314 5 6I7 8 Road 0.21 8 7 6 5 �4 I 1 I 1211 �14i L6 1.37 ac. 7 : 9 a It 12 a 0.20 e .34 0.36 9 _ 0.34 ac. arroclough Street 9 a 0.72 a4 9_31 ac. 12 0.39 ac. 14 Johnston Street I5 6 i 5 4 CU 02-004 ------------ 500' boundary This pattern indicates subject parcel : g 81 7 6 5 • : b H 12 13 l I Ashley Street Map prepared March 28, MW Uft m r...e. oo.rot.e 1. g.rr.�.e*..m .�— .P— .M• N Ybn.rlm pwgq tY rl Yrgtl br w r • Yp•./ 6Ydiq bianac BOARD OF COUNTY COMMISSIONERS April 5, 2002 COMMUNITY DEVELOPMENT DIRECTOR �ORIOP In accordance with the St. Lucie County Land Development Code, you are hereby advised that LINDA DIMSEY has petitioned St. Lucie County for a Conditional Use Permit to allow social services (day care facility) in the I (Institutional) Zoning District for the following described property: Location: 384 East Midway Road. THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The first public hearing on the petition will be held at 7.00 P.M., or as soon thereafter as possible, on Thursday, April 18, 2002, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. Written comments to the Planning and Zoning Commission should be received by the County Planning Division at least 3 days prior to a scheduled hearing. County policy discourages communication with individual Planning and Zoning Commission and County Commission on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the Planning and Zoning Commission are electronically recorded. If a person decides to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (561) 462- 1777 or T.D.D. (561) 462-1428. If you no longer own property adjacent to the above -described parcel, please forward this notice to the new owner. Please call 5611462-1582 if you have any questions, and refer to: Idle Number CU-02-004. Sincerely, ST. LUCIE COUNTY PLANNING AND ZONING COMNIISSION Stefan " tthes, Chairman JOHN D. DRUHN, District No. 1 - DOUG COWARD, District No. 2 - PAULA A. LEWIS, District No. 3 - FRANNIE HUTCHINSON, District No. 4 • CLIFF BARNES, Districr No. 5 County Administrotor - Douglos M. Anderson 2300 Virginia Avenue • Fort Pierce, Fl- 34982-5652 Administration: (561) 462-1590 • Planning: (561) 462-2822 GI51Technical Services: (561) 462-1553 Economic Development: (561) 462-1550 Fax: (561) 462-1581 (oN0 O oN0 oNOI GND� 00 R I PION"r M ONO t OHO£ �' } i n oN0 aN0{ OD oN0 i oNO t , t r Go y II o00 oNp oNo : pNp oNp- O� OBI 01 O� Opt t ..O OtT[ O� O�,kN T - GIB Oh O% a\�iV'!st �t�Met ivy < sr �tv V' �t etO`, V' Est et 1 et' 'tN�MM M Ld' M {MMf M M . __,.. .. �.._.... - p. . _ ,I__rn. i����t�l__an.•w�i� _�i�[C���iw;_ wi�iwt. �� �- i _.f . iC�lw�wi�.� - ...,., z.. _._. �. w . w� • aii d; f • °> of i , a� 71.^.I�[ V( � ! + o � � a,aiaia! a, a �niv�l E a! a i t ti t: t C Ci 8 it C t~ C �' C z; ti~ z �� Gi C tri . C V tw V iiw+ °' o; o 0 0 0 of-w o 0 0 0 0 0l o, o 0 of of i i o 0 of 0� o 0 w wfw U(w C a 00 i65;.. la, df i QI T Of d Cd k+ O m M >T'>> �s :Q Q. , I OD.at k. C :Or O, Ni.°�",-°p! C�!'t'i .0:. L C 5 d a oo d e, o N n ;f t,jjfflC7�+ rn �+ �.' �s:� wi--1 0. 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A. � i�lriiaNii �t�Fel Sato: , �� C Gf - N ,d C3NN N A-aa r�NN 44aO N a .-.M��f A faa M AMM on MMi"-M !1 N�a I YYN HO �.i� �� C & �i� i3 { asl i !}at r !a i r; aj'a' r r- m r a, im aia r: r � 'a'�a r! a �R,YXf r r �! r, o mi o of o t o• !} ! It , 2112 r o : o o, w, o (I n N CA O b b 0 co n i Q O O 00 t S I M MN OoMM -�d• Mhh M�-n (4] ! NO i•�i � I [ 1 � _ } a�sti .� i I fA 04 pZ+i�-vivlsZUAnxVr/J�-°�.L.:; o• aof bQ I' �yitto! i at •�f i . j C} t L�(^}iC)f W to z 'SSIs$ 2 �S$�.$318OOpppp��8l aja ai M'1.41,6 O e�nco r; a o ! p h eF oo Se/• ;.a�} oo -� a h 10 ao hl i � MNh00 t+1 st M!?�D O !� C N t{ph(M yg�OI6 ppNCO c3c3��.0pp� O �85O� 25�0 Os4 e�S,�SNi 0 O{O Cp vp)+piSr 00 .. pp; O Or OI ,� !b O enpM OOINON CIA OO M co _ N - 42, N��5�••�OIOt %O N NpIr{ ..r (. as Vl h M 00 pppp 00 00 h "MAM O RIM vv�� 00 h MMMMpM 00 O h O p I O O jj h OD h h1 M MM}}} M� MJM n MMj,M _M 111 PLANNING AND YONING.COMMISSION - PUBLIC HEARING AGENDA April 18, 2002 - :. .... .. TO WHOM IT MAY CONCERN NOTICE is hereby.given'iin accordance with. Section 1 00.03 of -the St. Lucie Coonty.Landbevelopment Code 'and the provisions of the St. Lucie Count' Comprehensive 'Plan, -the following applicants have requested that the St Lucie: County'Plonning and Zoning Commission consider i 4. LINDA DIMSEY, for a Conditional Use Permit to allow their followirigrequests%, social services (day care facility) in the I (Institutional) Zon ' Ing District for the following described property 1. INDRIO VENTURES, LLC, for a Change in Zoning from ' the AG-1 (Agricultural — 1'du/acre) Zoning District to theyy WHITE CITY S/D 03 36 40.LOT 26-L ESS E 120 FT' Np, CG (Commercial; General).Zoning District for the follow- I LESS N. 50 FT FO R DR ;DITCH AND LESS RD R/W -. ' ing described property: (2.68 ACI (MAP 34/03N) THE WEST 400 FEET OF THE SOUTH 547.96'FEET OF Location;" 384 East Midway Road. ) THE EAST 1/2 OF THE. NW 1/4, OF SECT. 16,<TWN 34S, R 39E, LESS 1-95 RIGHT-OF-WAY AS DESCRIBED S. GULFSTREAM NATURAL GAS SYSTEM, LLC,'for a IN OFFICIAL RECORDS BOOK 233, PAGE 2209, PUBLIC Conditional Use Permit to allow a cross country natural RECORDS OF ST. LUCIE CO, FLORIDA AND LESS gas transmission line for the following described property ;. INDRIO ROAD AND CANAL RIGHT-OF-WAY, SAID LAND LYING AND BEING IN ST LUCIE COUNTY, FOLLOW THE FEC RAILROAD, K BRANCH/GLADES FLORIDA CUT-OFF ROAD FROM SW CORNER OF THE ST. LUCIE/ OKEECHOBEE COUNTY LINE TO 1-95 AND MIDWAY Location: Northeast corner of Indrio Road and Koble- ROAD. gard Road 6• TB.T LAND, LTD., for a Change in Land Use from RU 2, JOHN ARIE, for a Change in Zoning from the, 9 g (Residential Urban) to IND (Industrial) for the followm0 (Agricultural, Residential — .1 du/acre) Toning District to described property the RS:2 (Residential, Single Family — 2 du/ac(e) Zoning i District for the following described property: i THE WEST TEN ACRES OF THE NW 1/4 OF THE NE _ 1/4 OF THE SW 1/4 OF SECTION.i, TOWNSHIP 35 BEING A PARCEL OF LAND LYING IN SECTION 16, SOUTH RANGE 39 EAST, ST. LUCIE COUNTY TOWNSHIP 36' SOUTH, RANGE *40,_EAST, ST. LUCIE FLORIDA. COUNTY, FLORIDA, AND G BEINMORE PARTICULARLY DESCRIBED AS FOLLOWS: AND COMMENCE AT THE SOUTHEAST CORNER OF SAID THE NORTH 1/2 OF THE NW 1/4 OF THE SW i/4 OF SECTION 16; THENCE NORTH, ALONG THE EASTLINE ]_TOWNSHIP 35 SOUTH,. RANGE'39 EAST OF SECTION i& A DISTANCE OF i334.05 FEET TO.SECTION ST. LUCIE COUNTY, FLORIDA THE 'POINT OF BEGINNING,OF THE FOLLOWING r , DESCRIBED PARCEL: Location: East >side -of' Kings Highway approximately THENCBS WOW" W,-A DISTANCE OF'647.13 FEET;.: 2.500 feet south of Angle Road.. THENCE SOUTH A DISTANCE OF 62.18 FEET; THENCE ` 7: T&T LAND, LTD" for a Change in Zoning'from the AG-1 S 72 WOO" W' A DISTANCE OF 106 FEET MORE OR (Agricultural —1 du/ocre) and Ow AR-1-(Agricultural; Rest LESS TO THE MEAN HIGH WATERLINE- OF THE ST, dential = 1 du/acts) Zoning Districts to: the IL'(Indu*`101 LUCIE +RIVER;' THENCE NORTHWESTERLY ALONG SAID Light) Zoning District for the following described prgped MEAN HIGH 'WATER LINE : TO THE INTERSECTION WITH A LINE 460:75 FEET NORTH OF, AND MEASURED THE WEST TEN ACRES OF THE NW 114 AFy.THE NE , AT RIGHT ANGLE$}"AND PARALLEL WITH THE'$OUTH 1/4 OF THE SW. --OF SECTION 1, TOWNSHIP 3b ' LINE OF THE NORTHEAST ONE- QUARTER OF THE SAID SOUTH RANGE' 39 EAST ST. LUCIE COUNTY ; SECTION 16= THENCE EASTERLY ALONG LASTLY.$AID FLORIDA LINE A DISTANCE`OF1706 FEET, MORE OR LESS; TO `. THE INTERSECTION WITH `THE' SAID 'EAST LINE OF AND SECTION 16, THENCE SOUTH ALONG SAID EAST LINE sj OF SECTION i6, A DISTANCE OFf46075 FEET TO THEn. THE NORTH i/2 OF THE'NW 1/4'OF T}IE SW 1/4 OF as _ POINT OF"BEGINNiNG,LESSTHEEAST23.00 FEET FOR SECTION 1, TOWNSHIP 35 S OUTH;RANGE`39EAST, ' > ROA6 RIGHT -Of WAY. ' • -' :. LORIDA ST. LUCIE COUNTY,, F . Location Wesf itdA e'of Ole¢nder venue approximately vacation. East side of Kings Highway approximately 200 feet north'of Elyse Circle, r 2,500 feet south of Angle Rood, 3. ALF'$ SPIRITS. AND WINES, INC., fora Conditional Use Permit to allow ii retail liquor shore in the CG'(Com- PUBLIC HEARINGS wlll be held in Commission Chambers, mercial, General). Zoning District for the following Roger Poitras Annex, 2300 Virginia Avenue, fort Pierce' described property:. Florida oft April A, 2062, beginning at 7:00 P:M, or as soon thereafter as. possible PARCEL 1 PURSUANT TO Section 286.0105, Florida Stafufos If ALL OF THAT AREA DESCRIBED AND.SHOWN AS PAR- Pelson decides tc appeal any decision made by aboard CEG NO. 2 ON _THE' PLAT .OF WINDMILL VILLAGE BY agency% °r commission wifh'resped'to"any maeer'cansid THE`SEA A-REPLAT.OF `UNITS'1 AND 1 A ACCORD- "TO erect at a meeting or. hearing, he will need a record of the • ING THE PLAT THEREOF, AS RECORDED IN PLAT proceedings, and that, for suds purposes, he may need to '.¢ BOOK 16 PAGGE ' PUBLIC RECORDS OF ST.'1UCIE ensure that a verbatim record of'the proceedings'.is made, ' COUNTY F'PAG f ' ` ' which record ipdudes the fertimony and evidence upon j PARCEL 2: which the appeal is to be based. PLANNING AND ZONING COMMISSION FOR A POINT OF .BEGINNING, COMMENCE AT THE FLORIDA - NORTHEAST CORNER'OF-WINDMILL VILLAGE BY THE - /S/SteIECOUNTY, /SJ Stefan fvlatfhes CHAIRMAN SEA,`UNIT TWO;•AIORECORDED.INr.PLAT�BOOK 16, PUBLISH DATE: Apn15,2002 ' PAGE,31 QF,THE`P(18LIC RECORDS OF<ST:.'LUCIE 2395868 COUNTY FLORIDA, THENCE RUN SOUTH 89°56'22" WEST ALONG THE: NORTH' LINE OF SAID PLAT A DISTANCE Of `2784 FEET,• THENCE .RUN SOUTH 6040318 EAST, WITH •THE ;EAST LINE: OF ,PARAUEL; SAID ;PLAT,'A-DISTANCE 00 111.82 FEET;'THENCE RUN ' NORTH 89*$6'22." EAST,'A DISTANCE OF;247.'09 FEET " TO AN INTERSECTION WITH THE WESTERLY RIGHT- OF-WAY LINE OF' STATE ROAD AIA AS NOW LAID t OUT AND IN USE' THENCE RUN NORTH 23°49'31" f WEST. ALONG SAID RIGHT-OF-WAY, A DISTANCE OF )22.21 FEET, THENCE RUN SOUTH.89°56'22" WEST ALONG.A LINE.THATIS AN EASTERLY PROJECTION Of THE NORTH LINE OF SAID WINDMILL VILLAGE BY THE $EA UNIT TWO,A DISTANCE OF 170.00 FEET TO THE i POINT Of BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN ST. LUCIE j COUNTY, FLORIDA: - Location: 10875 South Ocean Drive. (Galleda Shopping Center) �I INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Planning and Zoning Commission/Local Planning Agency FROM: Heather Young, Assistant County Attorney C.A. NO: 02-531 DATE: April 9, 2002 SUBJECT: Ordinance No. 02-05 - Amending the St. Lucie County Land Development Code to Create Section 13.09.00, Existing Property Maintenance Code, to Provide for Adoption of Chapter 3, General Requirements, of the 2000 International Property Maintenance Code BACKGROUND: Attached is a copy of proposed Ordinance No. 02-05 which would amend the St. Lucie County Land Development Code to create Section 13.09.00, Existing Property Maintenance Code. Section 13.09.00 provides for the adoption of Chapter 3, General Requirements, of the 2000 International Property Maintenance Code with certain deletions. A copy of Chapter 3 as modified is attached to this memorandum and will be maintained in the Public Works Department pursuant to the ordinance if adopted. During the January 17, 2002 public hearing on the proposed ordinance, the Planning and Zoning Commission/Local Planning Agency directed staff to delete Section 302.2 (Grading and drainage), as well as language from Section 303.02 regarding removal of oxidation stains. Staff was further directed to add language to Section 302.9 regarding securing property following damage and to clarify, Section 302.2 (Rodent harborage) to exempt agricultural property and exclude squirrels from the definition of "rodent." The attached copy of Ordinance No. 02-05 and Chapter 3 of the 2000 International Property Maintenance Code reflects these changes. RECOMMENDATION/CONCLUSION: Staff recommends the Planning and Zoning Commission/Local Planning Agency forward proposed Ordinance No. 02-05 to the Board of County Commissioners with a recommendation of approval. Respectfully submitted Heather Young Assistant County Attorney -1- Attachments HY/ Copies To: Community Development Director Public Works Director Planning Manager Code Compliance Manager Code Enforcement Supervisor Secretary -2- ORDINANCE NO. 02-005 WHEREAS, the Board of County Commissi following determination: 1. On August 1, 1990, the �' and of County, Florida, adopts the Si Code. , 2. The Board of" ouni amendmentst he St. , _1 A rough d 'wing Or( a,gs - h4 1991 911 �7 1991 93 0 Fe 993 93 05 May 93 3 07� ay 25, 1993 94-18 "AN gust 16, 1994 95-01 -g�uary 10, 1995 97-01 97-23 arch 4, 1997 `� September 2, 1997 99-02 April 6, 1999 99-04 = August 17, 1999 99- 15 '- July 20, 1999 99,317 - September 7, 1999 0-10 - June 13, 2000 Lucie (;oftty,orida, has made the ioners of St. Lucie Land Development mislroners has adopted certain �anty Land Development Code, Underline is for addition 6thkeThfaagh is for deletion Ordinance No. 02-005 91-09 - May 14, 1991 92-17 - June 2, 1992 93-03 - February 16, 1993 93-06 - May 25, 1993 94-07 - June 22, 1994 94-21 - August 16, 1994 96-10 - August 6, 1996 97-09 - October 7, 1997 99-01 - February 2, 1999 99-03 - August 17, 1999 99-05 - July 20, 1999 99-16 - July 20, 1999 99-18 - November 2, 1999 00-11 - June 13, 2000 Page 1 PRINT DATE: 04/12/02 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 00-12 - June 13, 2000 00-13 - June 13, 2000 01-03 - December 18, 2001 3. On April 18, 2002, the Local Planning Agency/ Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. n 5 On XX, 2002, this Board held its first public hearing�on the proposed ordinance, after publishing a notice of such` hearing In the` Por . St. Lucie News and the Tribune on XX, 2002. On XX, 2002, this Board held its seco ordinance, after publishing a notice of News and the Tribune on XX, 2002. 6. The proposed amendments to the St Lucie'F�>` Code are consistent with the gener4P pui pose standards of the St. Lucie County C 'hensive interest of the health safety and pit h [ re of County, Florida. NOW, THEREFORE, BE IT ORDAIND by County, Florida: PART A. CREATE Ordinance No. 02-005 ing on the in the Port 1 Development objectives and ire in the best hs of St. Lucie Commissioners of St. Lucie CIE COUNTY LAND DEVELOPMENT CODE IS HEREBY ********************* s CHAPTER XIII JILDING REGULATIONS AND WORKS CONSTRUCTION MANUAL ----------- --------------------- Underline is for addition strike Through is for deletion Page 2 PRINT DATE: 04/12/02 13.09.00 RESERVED EXTERIOR PROPERTY MAINTENANCE CODE 13.09.01 ADOPTED Chapter 3, of the International Property Maintenance Code, 2000 edition, as promulgated by the International Code Council, Inc., is adopted by reference as the Exterior Property Maintenance Code of the Countv. to atJnly to the unincorporated areas of the Countv. A copy of such code shall be tiled in the office of the Public Works Director and shall be available for public Inspection during the regular business hours of such office. Underline is for addition 8tfike—Through is for deletion Ordinance No. 02-005 Page 3 PRINT DATE: 04/12/02 maintained in good condition. Exterior wood surfaces, other than decay -resistant woods shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and ater tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. . B. The following sections of Chapter 3, of the Inte edition. are herebv deleted from anr,licability 4. Section 302.2 _Grading and drai 5. Section 302.4 Weeds 6. Section 302.7.1 Gates 7. Section 302.8 Motor Vehicles 8. Section 303.14 Insect Screens 9. Section 304 Interior Structure 10. 11. Section 305 Section 306 Rubbish and Gar Exterminatin 4 13.09.03 COUNTY PART B. G ul GULATION Special act of the Flori a lature applicable only to unincorporated areas of St. Lucie County, Coun y.ordinances and # esolutions, or parts thereof, in conflict with this ordinance are hereby superseded by t finance to the extent of such conflict. PART C. SEVERABILITY. M7 If y}prtioof #his ordinance is for any reason held or declared to be unconstitutional, inoperative, Underline is for addition mike Through is for deletion Ordinance No. 02-005 Page 4 PRINT DATE: 04/12/02 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall beheld to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with th�artment PART G. ADOPTION. P After motion and second, the vote ora ; ordin4aa was s: Chairman Doug GouVard XX ce Cha r �a 2 f Efa Barnes XX Co t tissionei a ewes XX Commtssto` er n XX Commis�o er._ �T Annie Hutchinson XX PART H. CODIFICAMON. Proisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Lau►is, end the��vrsdf�ord "ordinance" may be changed to "section", "article", or other appropriate word, andr�fi� sect�this ordinance may be renumbered or relettered to accomplish such intention; Ordinance No. 02-005 Underline is for addition Strike TL rots� is for deletion Page 5 PRINT DATE: 04/12/02 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 1i provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this day of 12002. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA Ordinance No. 02-005 Underline is for addition strike Through is for deletion Page 6 PRINT DATE: 04/12/02 CHAPTER 3 GENERAL REQUIREMENTS SECTION 301 GENERAL 301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. 301.2 Responsibility. The owner of the premises shall main- tain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner -occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the require- ments of this chapter. Occupants of a dwelling unit are respon- sible for keeping in a clean, sanitary and safe condition that part of the dwelling unit or premises which they occupy and control. *-301.3 Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. Sty Sc���w., t2.o9.aA.AA SLc. Lac. SECTION 302 EXTERIOR PROPERTY AREAS 302.1 Sanitation. All exterior property. and premises shall be maintained in a clean, safe and sanitary condition. The occu- pant shall keep that part of the exterior property which such oc- cupant occupies or controls in a clean and sanitary condition. and maintained to prev �reven�tt�e accumulation �ater*thereon,or�wit 302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. tained free ds or plant growth in exc inches (254 mm). All noxious we o ibited. Weeds shall be defined as all r , nnual plan etation, other than tre , rubs provided; however, this term s n- *302.5 Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by ap- proved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to elimi- nate rodent harborage and prevent reinfestation.* say- Sc04"• '3. c%. di . A. 2 rce- 4.Oc 302.6 Exhaust vents. pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, 9_nodois or other gaseous or particulate wastes directly upon abut- . ;,; ting or adjacent public or private property or that of another tenant. 302.7 Accessory structures. All accessory structures, includ- ing detached garages, fences and walls, shall be maintained structurally sound and in good repair. and se - ing in accordance with ernational Building Code shVPaQ m ' such that the gate will positively cl atch Whefizzleased from a still position c es (152 mm) from the gatep 302.7.2 Swimming pools. Swimming pools shall be main- tained in a clean and sanitary condition, and in good repair. tions, inoperative or unlicensed motor vehicle be parked, kepflm4ored on any premises, and no cle shall at any time be in a sta ajor disassemb tsrepair, or in the process of being stripped or ' an ainting of vehicles is prohibited unless conducted ' a proved spray booth. Exception: A ve ' e of any type is pe d to undergo major over, , including body work, provide t such work ' e-rformed inside a structure or similarly enclo 302.9 Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said sur- face to an approved state of maintenance and repair. SECTION 303 EXTERIOR STRUCTURE 303.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. ,A303.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay - resistant woods, shall be protected from the elements and de- cay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and sur- faces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight..All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. 03tid `iett siaing shall be - aye ;0 S, c rn t 2, o.l. '02 . A . 2, J'GG. G.Oc. 2000 INTERNATIONAL PROPERTY MAINTENANCE CODE® [F] 303.3 — 304.5 GENERAL REQUIREMENTS [F] 303.3 Premises identification. Buildings shall have ap- proved address numbers placed in a position to be plainly legi- ble and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be minimum of 4 inches (102 min) high with a minimum stroke width of 0.5 inch (12.7 nun). 303.4 Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. 303.5 Foundation walls. All foundation walls shall be main- tained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. 303.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. 303.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a man- ner that creates a public nuisance. 303.8 Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. 303.9 Overhang extensions. All overhang extensions includ- ing, but not limited to -canopies, marquees, signs, metal awn- ings, fire escapes, standpipes, and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather -coat- ing materials, such as paint or similar surface treatment. 303.10 Stairways, decks, porches and balconies. Every exte- rior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. 303.11 Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather - coating materials, such as paint or similar surface treatment. 303.12 Handrails and guards. Every handriti[ and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 303.13 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. 303.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. 303.13.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. DATE Z'!tf door, window and other outside opening r u•ed for ventilation o .able rooms, food preparatioi • eas, food service areas, or any area, ere products to b � � tcluded or uti- lized in food for human consume ar rocessed, manufac- tured, packaged or stored, shall sup with approved tightly fitting screens of not s than 16 mesh p Bch (16 mesh per 25 mm) and e swinging door shall have a s - closing device in g working condition. Except: creep doors shall not be required where other apprefed means, such as air curtains or insect repellent fans, 303.15 Doors. All exterior doors, door assemblies and hard- ware shall be maintained in good condition. Locks at all en- trances to dwelling units, rooming units and guestrooms shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. 303.16 Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and sur- face drainage water. 303.17 Guards for basement windows. Every basement win- dow that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents. th in shall be maintained in good repair, structurally so d wand i sanitary condition. Occupants shall keep that pa f the structu which they occupy or control in a clean and anitary condition. very owner of a structure containing/rooming house, a hot a dormitory, two or more dwe"ine nits or two or more nonres' ential occupancies, shall mai in, in a clean and sanitary con ' 'on, the shared or public reas of the struc- ture and exterior pr erty. 304.2 Structural mem rs. All struural members shall be maintained structurally so d, a7capable of supporting the imposed loads. 304.3 Interior surfaces. All ' t 'or surfaces, including win- dows and doors, shall be m 'ntaine good, clean and sanitary condition. Peeling, chip ng, flaking, abraded paint shall be repaired, removed, o overed. Cracke r loose plaster, de- cayed wood, and er defective surface nditions shall be corrected. landing, re main- 304.4 Stairs�p 6d walking surfaces. Every stair, raK balcony, p ch, deck or other walking surface sha tained igAound condition and good repair. ndrails and guards. Every handrail and guard fastened and capable of supporting normally iml i 10 2000 INTERNATIONAL PROPERTY MAINTENANCE CODE® GENERAL REQUIREMENTS 304.6 — 306.5 well within i s shall be capabl g opened and closed by being properl hed to jambs, he, ers or trac n ed by the manufacturer of t e pr erty and premises, and the interior of every structure, s all be fr from any accumulation of rubbish or garbage. 305.2 Di osal of rubbish. Every occupant of a struc re shall dispose of rubbish in a clean and sanitary manne y placing such rubbish' approved containers. 305.2.1 Rubb' h storage facilities. Theo er of everyoc- cupied premises hall supply approved vered containers for rubbish, and th wner of the pre ' es shall be responsi- ble for the removal o I ish. 305.3 Disposal of garbage. very o upant of a structure shall dispose of garbage in a clean anitary manner by placing such garbage in an approved age disposal facility or ap- proved garbage containers. 305.3.1 Garbage faci ' ies. The o ner of every dwelling shall supply one of a following: an proved mechanical food waste grinde n each dwelling unit; n approved incin- erator unit in th tructure available to the upants in each dwelling unit- or an approved leakproof, co red, outside garbage co ainer. 305.3.2 ontainers. The operator of every estab ' hment produ ng garbage shall provide, and at all times caus o be util' ed, approved leakproof containers provided 'th c se -fitting covers for the storage of such materials until re an odent infestation. All structures in which insects o 0 dents e found shall be promptly exterminated by a roved processe at will not be injurious to human heap After ex termination, roper precautions shall be tak to prevent rein festation. 306.2 Owner. The o er of any structur shall be responsible for extermination within a structure nor to renting or leasing the structure. 30/Multipleoc gle occupant. The ant of aone-family dwelling or gle-tenant nonre ential , ucture shall be responsi bltermination o he premises. 30ltiple oc pancy. The owner oX contain- inmore welling units, a multiple, a room- inor nonresidential structure shnsible forex'on in the public or shared areaire andexoperty. If infestation is caused bf an cu- pavent such infestation in the area, the occ sponsible or ntinued rodent and pest- ndition of the structure. Exceptio re the infestations are c defects in t s ructure, the owner shall be responsible for exter t}en. 2000 INTERNATIONAL PROPERTY MAINTENANCE CODE® 11 Hr-K—ia ZWW4' c & .---r V.-. ---. .,r... "-- •------ Bull Cream 111111rltl all 81181881 April 18, 2002 GULFSTREAM NATURAL GAS SYSTEM, L.L.C. Gulfstream Field Project Office 5925 Imperial Parkway, Suite 900 Mulberry, FL 33860.8689 Office: 877-701-2500 • Fax: 863-701.2216 Dennis Murphy St. Lucie County Planning Department 2300 Virginia Ave. Ft, Pierce, Fl 34982 ICE: April 19, 2002 Public Hearing Mr. Murphy, b c ,;-I 1 am in receipt today of notification of Public Hearing for a Conditional Use Application scheduled for tonight at 7:00 P.M. This notice was post marked April 16, 2002 and I. received it today at 1:00 P.M. and find it impossible to schedule an appearance by any Gulfstream Personnel on such short notice. I am therefore respectfully requesting a delay in this Public Hearing. Gulfstream would Certainly like to have a presence in any Public Hearing considering this matter. If this could be rescheduled for the next Planning and Zoning Commission meeting it would be greatly appreciated. If this acceptable please respond with a rescheduling date as soon as possible so that I may schedule this with our Engineering personnel, I may be reached by phone at 863-6194022 or email at thomas.e.Scrugas@williams.com 'Thank You Torn Scru C € 2002 k Scruggs Senior Permit Agent - 863-619-4022 cc,. r S'r: L Arlene Goodman 4412 Pressler Lane Fort Pierce, Florida 34982 St. Lucie County Planning &c Zoning Commission 2300 Virginia Avenue Fort Pierce, Florida 34981 TO: . . Zoning department FROM::. ' ' Arlene Goodman DATE:. April .17, 2002 SUBJECT: Ordinance No. 02-005 Propezty Maintenance APR 1710 COMMUNITY DEVELOPMENT i aannot:be at the Meeting.on the 10 and would like to make a couple comments regarding -the Ordinance.02-05. The Ordinance .seems to have taken all the concerns voiced at the last few meetings and correct!6s made. I do have a: concern to Section 303.2 (protective treatment .....Peeking, Making and chipped paint shall be eliminated and surfaces repainted. The problem, I am having is that there are many "older homes" and "older" families. These " families" living on Social Security and many of the checks are in the $600-00 %range. What can or will be done for those families.whose house may be in need of the painting, but do not the hundreds of dollars it costs today to repaint? Will there be "helpinglands" groups vvho will take over that job? I personally know of 2 'such incidents in St, Lucie County at this time where this could be a problem; One was taken can of by a "helping hands" group about 5 years ago, but that group has been disbanded at this time. Please take this into :consideration when sending to the Commissioners. Please make this part of the minutes, of this meeting. 'hank you for your time +.Since ly yours, Arlene `Goodman NORTH FORK PROPERTY OWNERS 2630 RAINBOW DRIVE FORT PIERCE, I• L L 34981 St. Lucie County Planning & Zoning 2300 Virginia Avenue Fart Piece, Fla. Dear Planning & Zoning Board. Reason Ordinance 02-05 Property Maintenance Code. Our homeowners association still has a problem with 3 303.02 line 5 ( Feeling baking and chipped paint shall be eliminated and surfaces repainted.) We feel that this line should be eliminated. It will place a hardship on people on fixed income, and the elderly who might have to give up medicine and food. It is quite expensive to hire a contractor to take care of this type of problem, and is not always a priority job. If folks do not have family in the vicinity it could be cost prohibitive. Just the thought of being cited can be detrimental to the people cited and the thought of a fine can be most unsettling. Who is to determine hour much peeling Baking or chipped paint it will take to cite a homeowner? We feel that this is not reasonable and could be unrealistic. Sincerely, f'Ngq St. Lucie County Rvs`211e �,�� Planning and Zoning Commission Meeting Minutes REGULAR MEETING April 18, 2002 Commission Chambers, 3rd Floor, Roger Poitras Annex 7:00 p.m. MEMBERS PRESENT: Mr. Grande, Mr. Lounds, Mr. Trias, Mr. Jones, Mr. Akins, Mr. Merritt, Mr. Hearn, Mr. Matthes. MEMBERS ABSENT: Mr. McCurdy (Absent - With Notice) OTHERS PRESENT: Mr. Dennis Murphy, Community Development Director; Mr. David Kelly, Planning Manager; Mr. Hank Flores, Planner 111; Ms. Heather Young, Asst. Co. Attorney; Ms. Dawn Gilmore, Administrative Secretary. P & Z Meeting April 18, 2002 Page 1 ..£ZONING CALL TO ORDER Chairman Matthes called to order the meeting of the St. Lucie County Planning and Zoning Commission at 7:00 p.m. PLEDGE OF ALLEGIANCE ROLL CALL ANNOUNCEMENTS Chairman Matthes advised that on Agenda Item # 2, File No. RZ-02-003, he had a conflict of interest and therefore would recuse himself from that item. Since the appointed Vice -Chairman was not present he asked the Commission to appoint someone to act as the Vice -Chairman for the evening. Mr. Lounds made a motion for Mr. Merritt to perform that position. Mr. Grande seconded. Mr. Merritt stated that he had a conflict of interest with Agenda Item # 4, John A ie and therefore would recuse himself from that item. Chairman Matthes advised he did not have a conflict with that item, so that would not pose a problem. Upon a vote the motion was approved unanimously. Mr. Kelly stated that the applicant for Agenda Items # 2 & # 3 (Lin Indrio, Inc.) is present to request a continuance to the next Planning and Zoning Meeting. He continued that Agenda Items # 6 & # 7 (T&T Land, Ltd.) had a problem with the sign so they cannot be heard this evening and will be heard next month as well. He also stated that a copy of a letter from the applicant for Agenda Item # 8 (Gulfstream Natural Gas System, LLC.) has been given to each Commission member requesting they too be continued to the next meeting on May 16, 2002. Chairman Matthes gave a brief presentation on the procedures and what to expect for tonight's meeting. For those of you who have not been here before, The Planning and Zoning Commission is an agency that makes recommendations to the Board of County Commissioners. The Staff will present a brief summary of the project and then make their recommendation. After which time, the Petitioner will be asked to come forward and state his/her case for the requested petition. At any time the Commission may stop and ask questions of the Petitioner or Staff. After that process is completed the Chairman will open the public hearing for anyone who wishes to speak for or against the petition. The purpose behind this hearing is to get input from the general public. If anyone has something to say, please feel free to come forward and state it. After everyone has gotten a chance to speak the Chairman will then close the public hearing. The Commission will deliberate and then make a decision regarding their recommendation, one way or the other. The decision that is made is typically read from a scripted set of statements that are given to the Commission. It may sound rehearsed but it really is not. There is one motion for and one motion against in the package, so that the Commission can make a motion either one way or the other so it is very clear in the records. Once again, I want to remind you that the Planning and Zoning Commission only acts in an advisory capacity for the Board of County Commissioners. If you are not happy with the outcome of this hearing you will have the opportunity to speak at the public hearing in front of the Board of County Commissioners. No other announcements or comments. P & Z Meeting April 18, 2002 Page 2 'q'l 'UPI � AGENDA ITEM 1: March 21, 2002 MEETING MINUTES: Mr. Jones moved for approval. Motion seconded by Mr. Akins. Upon a vote, the motion passed unanimously (with a vote of 8-0). P & Z Meeting April 18, 2002 Page 3 x•,.- 11 ON Ca1�a�a� Sun E� AGENDA ITEM 2: ORDINANCE NO.02-002 — Future Land Use Change: 1,SszjGjV � 'VOVq Mr. Kelly explained Agenda Items # 2 & 3 were presented to the Commission at the January 17, 2002 Planning and Zoning Meeting and were continued until this meeting to allow for further review by the petitioners and Staff. He continued that the petitioner has requested that both Agenda Items be continued once again to the May 16, 2002 Planning and Zoning meeting. Staff recommended that Agenda Items # 2 & 3 both be continued until May 16th at 7:00 p.m. or as soon thereafter as possible. He explained that each hearing would need to be reopened and continued individually. Chairman Matthes opened the Public Hearing. Seeing no one, Chairman Matthes closed the Public Hearing. Mr. Merritt stated that this Ordinance should be continued to the May 16, 2002 Planning and Zoning Commission Meeting. Motion seconded by Mr. Lounds. Upon a vote the motion passed unanimously (with a vote of 8-0) to continue this Ordinance until May 16, 2002. P & Z Meeting April 18, 2002 Page 4 & ZONING 'UN APPROVAL AGENDA ITEM 3: ORDINANCE 02-003 — Extension of the Urban Service Boundary: Mr. Kelly explained Agenda Items # 2 & 3 were presented to the Commission at the January 17, 2002 Planning and Zoning Meeting and were continued until this meeting to allow for further review by the petitioners and Staff. He continued that the petitioner has requested that both Agenda Items be continued once again to the May 16, 2002 Planning and Zoning meeting. Staff recommended that Agenda Items # 2 & 3 both be continued until May 16th at 7:00 p.m. or as soon thereafter as possible. He explained that each hearing would need to be reopened and continued individually. Chairman Matthes opened the Public Hearing. Seeing no one, Chairman Matthes closed the Public Hearing. Mr. Grande stated that this Ordinance should be continued to the May 16, 2002 Planning and Zoning Commission Meeting. Motion seconded by Mr. Akins. Upon a vote the motion passed unanimously (with a vote of 8-0) to continue this Ordinance until May 16, 2002. P & Z Meeting April 18, 2002 Page 5 Uro �5��� � �c % � 1 M. �Fg V ii 11t AGENDA ITEM 4: JOHN ARIE - FILE NO. RZ-02-005:'J �° �� ��I APPROVAL Hank Flores, presenting Staff comments, stated that Agenda Item # 4 was the application of John Arie for a Change in Zoning from the AR-1 (Agricultural, Residential — 1 du/acre) Zoning District to the RS-2 (Residential, Single -Family — 2 du/acre) Zoning District for 14.81 acres of property located on the west side of Oleander Avenue, approximately 200 feet north of Elyse Circle. The stated purpose for the rezoning is to develop the property into 16 single-family lots. The surrounding zoning is RS-4 (Residential, Single -Family - 4 du/acre) to the south and southeast. AR-1 (Agricultural, Residential — ldu/care) is located to the north and I (Institutional) is located to the west. OSC (Open Space Conservation) is also to the west and within the city limits of Port St. Lucie. Staff finds that this petition meets the standards of review as set forth in the Land Development Code and is not in conflict with the Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval. Mr. Harold Melville stated he represented the petitioner. He stated that the parcel is 15 acres and is to the west of Oleander and just north of the River's Edge subdivision. He continued that the site �is vacant except for an abandoned home. He also stated that the east portion of the property is in the RU (Residential, Urban) Land Use area, which allows up to five dwelling units per acre. He stated that the westerly portion of the property is in the RS (Residential, Suburban) Land Use area and that allows up to two dwelling units per acre. He continued that based on the acreage of RU and RS Land Use and it is about six and a half acres of RU with approximately eight and a half acres of RS. The total units allowed based on land uses are about fifty. He also stated that the applicant is requesting a zoning change from AR-1 to RS-2, which is compatible with both the RU and RS land uses for the purpose of developing a sixteen -unit subdivision. He continued that. the properties to the south and southeast are zoned RS-4 and the assisted living facility across the street is zoned Institutional. He also stated that further north along Oleander is zoned RS-2 to the northeast and also AR-1 to the north. He stated that he felt the requested change was consistent with the patterns of the area and also consistent with quality residential subdivisions. He also stated that a site -plan application had been filed with the County which illustrated a sixteen lot subdivision with fifteen one-half acre lots and one larger lot which will be approximately one and a half acres, for a total of sixteen lots. Mr. Akins asked Mr. Melville what size the lots are in the RS4 zoned area to the south of the proposed property. Mr. Melville stated that those lots are generally smaller and most of them have fifty or seventy-five foot fronts. He continued that some of the lots have been combined and have large houses on them but most of them are approximately half -acre lots. Mr. Grande stated that generally Port St. Lucie Utilities requires either an annexation agreement or charge a premium for the water and he questioned which option the developer has chosen. Mr. Eric Zeiss, an engineer with Culpepper and Terpening, stated that Port St. Lucie Utilities does not require annexation but they charge an additional 25% on their monthly rate. Mr. Grande stated that he was under the impression it was a choice of either becoming annexed or paying the fee. Mr. Zeiss stated that Port St. Lucie does not give the developer the option to be annexed and only charge the fee. Mr. Hearn questioned if each of the home sites will be required to hook-up for sewage service. Mr. Melville stated that is correct and there will be no septic tanks. P & Z Meeting April 18, 2002 Page 6 Chairman Merritt opened the Public Hearing.�,,Ncn}� t f'� nai lu Mr. Herbert Beach stated he lives on Saeger Avenue, which is north of the project. He continued that River's Edge was zoned RS-4 but that the owner, Mr. Lloyd Taylor, never sold any lots in that development unless they purchased two or more together. He stated that he felt the proposed project is compatible with the surrounding developments and he asked for approval. He also stated that the Mr. Zeiss was correct that Port St. Lucie does not ask for or require annexation. He continued that all of the existing residents have to go through St. Lucie County's Utility Authority on MSBU's in order to get their water and he questioned why this development would not have to do the same. Mr. John Ferrick stated that he resides on the river and has seen it flood and was concerned with the flood hazard area on this parcel. He continued that he would not like to see a flood hazard area developed and then have their properties flooded. Mr. Jim Ross stated that he resides in River's Edge and has been told that at times the flooding has risen to his property level. He continued that it has not happened in the two years that he has been living there so he does not know first hand. He also stated that he is not opposed to the development but did have a few questions about the project. He asked Mr. Melville if he could review the proposed plan for the development. Mr. Kelly stated that he wanted everyone to be aware that this is a hearing on the rezoning issue and that the site plan they are reviewing is not binding in any way. Mr. Trias questioned if the applicant has filed the site -plan with the County. Mr. Kelly stated that there is a site -plan in the office that is currently being reviewed but has not been finalized since they are waiting for a decision on the rezoning. Mr. Ross stated that he does not have any reason to object to this project as he sees it. Chairman Merritt asked Mr. Ross if he was on sewer and water in River's Edge. Mr. Ross stated that they have city water and a septic tank system and some also have artesian wells for their sprinkler systems and items like that. Mr. Ross asked if there were any considerations where the new developments artesian well might be. Chairman Merritt closed the Public Hearing. Mr. Hearn asked Staff in they had any info regarding the public's concerns about flooding. Mr. Kelly stated the property's easterly front portion is very dry and that is why it was designated RU. He continued that the back of the property does get lower along the river and there is a flood plain and/or floodway area. He also stated that the drawings they have seen tend to keep most of the development out of that area and his impression is that the developer has done a good job keeping out of that flood prone area. Mr. Zeiss showed a drawing, which illustrated where the flood area is in regards to the development. He also stated that only a portion of two lots have any land within the floodway. Mr. Melville stated that he believed there was a lift station across the street that would accommodate the sewer. Mr. Zeiss stated the lift station was constructed about three or four years ago in front of the convalescent center and they have a manhole across Oleander that they propose to tie into. Mr. Akins questioned if the lift station was County or City. W. Melville stated he believed it was Port St. Lucie City Utilities. P & Z Meeting April 18, 2002 Page 7 � Mr. Grande stated that after considering the testimony presented during the'1`WON APPROVAL Hearing, including staff comments, and the Standards of Review as set forth in Section 11.06.03, St. Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of John Arie, for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the RS-2 (Residential, Single -Family — 2 du/acre) Zoning District because it is consistent with the surrounding community and provides for orderly development. Motion seconded by Mr. Hearn. Upon a roll call vote the motion passed unanimously (with a vote of 7-0) and forwarded to the Board of County Commissioners with a recommendation of approval. P & Z Meeting April 18, 2002 Page 8 UNNI RCom-twom AGENDA ITEM 5: INDRIO VENTURES. LLC - FILE NO. RZ-02-006: � � ��um appa', AL Hank Flores, presenting Staff comments, stated that Agenda Item # 5 was the application of Indrio Ventures, LLC for a Change in Zoning from the AG-1 (Agricultural — 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District for 3.06 acres of property located at the Northeast corner of the intersection of Indrio Road and Koblegard Road. The stated purpose for the rezoning is to develop the property into a retail store with gas pumps as an accessory use. The surrounding zoning is AG-1 (Agricultural — 1 du/care) to the north, south, east, and west as well. Staff notes that the parcel size of 3 acres is larger than needed for a convenience store with gas pumps. Approval of this petition would provide for approximately 2 acres of additional commercial general zoning. Staff finds that this petition meets the standards of review as set forth in the Land Development Code and is not in conflict with the Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval. Mr. Grande asked Staff if there has been any plan submitted with regards to the convenience store. Mr. Kelly stated nothing has been submitted as of yet. Mr. Lounds questioned why section H under the AG-1 zoning couldn't be used for the convenience store instead of changing to Commercial. Mr. Kelly stated that those are conditional uses under the zoning and not permitted uses so either way they would be before the Commission for a hearing. Chairman Matthes questioned if the petitioner was present. Mr. Joe Friscia stated that he was the agent for the applicant and he would be happy to answer any questions. Chairman Matthes opened the Public Hearing. Chairman Matthes stated that there was a letter submitted by Mr. Saul Klinow in regards to the petition. Mr. Klinow came up and stated he was President of the Winton Farms Corporation and that his property is directly adjacent to the subject property. He also stated that they have no objection to the zoning change but wanted to point out that Koblegard Road is a thirty-foot wide dirt road which is located to the west of the section line. He continued that he understood that the width requirement of an improved County road is sixty -feet. He stated that he believed it was normal practice to center such a road where they run between property lines on or along a section line. Therefore, he requested that the County take into account the extra thirty -feet should come off of the east side of the section line. Chairman Matthes stated that this is a rezoning hearing but that his comments could be taken under advisement by the staff. Mr. Kelly stated that they have reviewed that information and in the future it may become a larger than sixty -foot right-of- way with connections into Indian River County. He continued that if it is larger than sixty -feet it may require some right-of-way off of both sides of the road but that is a future discussion. Chairman Matthes closed the Public Hearing. Mr. Hearn asked Staff why gas pumps are considered an accessory use in the CG (Commercial, General) Zoning District because he believed they were a permitted use. Mr. Kelly stated that gasoline stations are permitted uses but when the convenience store is added, the gas pumps become an accessory use because the food sale is considered the primary use. P & Z Meeting April 18, 2002 Page 9 fyf' c ld L�il 4ll I ahyli & ZONING Mr. Jones stated that after considering the testimony presented during the Public Hearing, including staff comments, and the Standards of Review as set forth in Section 11.06.03, St. Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Indrio Ventures, LLC, for a Change in Zoning from the AG- 1 (Agricultural — 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District because it meets with the Future Land Use, no one had any objections, and I believe it would be an appropriate property use. Motion seconded by Mr. Hearn. Upon a roll call vote the motion passed with a vote of 6-1 (with Mr. Lounds voting against) and forwarded to the Board of County Commissioners with a recommendation of approval. P & Z Meeting April 18, 2002 Page 10 ATIf AGENDA ITEM 6: T&T LAND LTD. - FILE NO. PA-02.003: Chairman Matthes stated that Agenda Items # 6 & # 7 would not be heard this evening and no action would be taken. P & Z Meeting April 18, 2002 Page 11 utC f td c:J; .7 PLARIN""MG, & ZONING AGENDA ITEM 7: T&T LAND. LTD. - FILE NO. RZ-02-007: Conjijaigissim APPROVAL Chairman Matthes stated that Agenda Items # 6 & # 7 would not be heard this evening and no action would be taken. P & Z Meeting April 18, 2002 Page 12 ZONING CoMi tfiSS9GN APPROVAL AGENDA ITEM 8: GULFSTREAM NATURAL GAS SYSTEM - FILE NO. CU-02-002: Chairman Matthes stated that the petitioner has requested a continuation until the May 16, 2002 Planning and Zoning Meeting. Chairman Matthes opened the Public Hearing. Seeing no one, Chairman Matthes closed the Public Hearing. Mr. Akins stated that this petition should be continued to the May 16, 2002 Planning and Zoning Commission Meeting. Motion seconded by Mr. Grande. Mr. Merritt asked why the applicant was not notified in plenty of time to have representation for the meeting. Mr. Kelly stated that Staff believes they did receive adequate notice. Upon a vote the motion passed unanimously (with a vote of 8-0) to continue this petition until May 16, 2002. P & Z Meeting April 18, 2002 Page 13 UP I 7 t� pt,�;��;,� T To AGENDA ITEM 9: ALF'S SPIRITS & WINES - FILE NO. CU-02-003: pLam s SIAPPROVAL Hank Flores, presenting Staff comments, stated that Agenda Item # 9 was the application of Alf s Spirits and Wine, Inc. for a Conditional Use Permit to allow a retail liquor store in the CG (Commercial, General) Zoning District for property located at 10875 South Ocean Drive within the Galleria Shopping Center. The surrounding zoning is CG to the south and east and HIRD (Hutchinson Island Residential District) to the west, northeast, and southeast. Retail liquor stores are allowed as conditional uses in this zoning district subject to the approval of the Board of County Commissioners. The subject site was previously the location of a retail liquor store that went out of business. Staff finds that this petition meets the standards of review as set forth in the Land Development Code and is not in conflict with the Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval, subject to the following condition: Only the retail sale of liquor shall be permitted. Mr. Grande asked if this parcel is part of a mall with multiple stores. Mr. Flores stated that was correct. Mr. Grande asked if the Conditional Use Permit applied to a specific liquor store location or would it pertain to the entire parcel. Mr. Flores stated the permit would apply specifically to the store itself and not the entire shopping center. He continued that it would only apply to the individual bay where the retail store is located and that will be identified in the final resolution. Chairman Matthes asked if the petitioner was present. Ms. Anne Mastronardi stated she was the agent for Alf s Spirits and Wines and that her business office was located at 10873 South Ocean Drive in Jensen Beach. Chairman Matthes opened the Public Hearing. Seeing no one, Chairman Matthes closed the Public Hearing. Mr. Grande stated that after considering the testimony presented during the Public Hearing, including staff comments, and the Standards of Review as set forth in Section 11.07.03, St. Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Alf s Spirits and Wine, Inc., for a Conditional Use Permit to allow the operation of a retail liquor store in the CG (Commercial, General) Zoning District because it is consistent with the current surrounding uses. Motion seconded by Mr. Lounds. Upon a roll call vote the motion passed unanimously (with a vote of 8-0) and forwarded to the Board of County Commissioners with a recommendation of approval. P & Z Meeting April 18, 2002 Page 14 {F ° t A s ZONING CGIRE'S)SIA APPROVAL AGENDA ITEM 10: MERCEDES ACADEMY AND CHILD DEVELOPMENT, INC. (LINDA DIMSEY, AGENT) - FILE NO. CU-02-004: Hank Flores, presenting Staff comments, stated that Agenda Item # 10 was the application of Mercedes Academy and Child Development, Inc. (Linda Dimsey, Agent) for a Conditional Use Permit to allow social services (day care and pre-school facility) in the I (Institutional) Zoning District for 2.68 acres of property located at 384 East Midway Road which is within the Port St. Lucie Church of Christ. The surrounding zoning is CG to the west and east, CO (Commercial, Office) to the south and RS-3 (Residential, Single —Family — 3 du/acre) to the north. Day care and pre-school facilities as social services are allowed as conditional uses in the I (Institutional) Zoning District subject to the approval of the Board of County Commissioners. Staff finds that this petition meets the standards of review as set forth in the Land Development Code and is not in conflict with the Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval, subject to the following conditions: 1. The number of day care/pre-school children shall be limited to a maximum of 40. 2. The hours of operation for the child care and pre-school facility shall be from 6 A.M to 6 P.M., Monday through Friday. Mr. Merritt questioned what the traffic status was on Midway Road east of U.S. 1. Mr. Flores stated that Staff was not aware of any concurrency problems on east Midway and the level of service is C. Mr. Grande questioned Staff if the applicant Mercedes Academy and Child Development is also the land or church owner. Mr. Flores stated that he believed that Ms. Dimsey was operating a childcare center at the church. Mr. Grande stated that he assumed that a Conditional Use Permit on property would have to be applied for by the owner of a property and not a tenant. Chairman Matthes asked who came up with the hours of operations. Mr. Flores stated those are the hours of operation that were stipulated by the applicant. Mr. Akins questioned that if this Conditional Use Permit is approved, is there any control over the actual development of the site into a daycare. He continued that his concern is that there is a small strip mall and gas station on the corner, a shopping center across the street, and an auto mechanic's shop next door. He stated that he did not feel this was a particularly good area to have small children playing. Chairman Matthes asked if the applicant was present to answer some of these questions. Ms. Linda Dimsey stated that she is the applicant. Mr. George Dimsey stated that the Church does not hold enough revenue to apply and facilitate over a daycare their self. He stated that they were willing to take the risks associated with a daycare because they will be teaching the children about the Lord. He stated that his wife Linda has been in daycare and children services for quite some time. He also stated that they will be leasing the facility from the church and they will be considered to be two separate entities. Mr. Kelly stated that Mr. Joe Wilson, who is the pastor of the church, did sign the application and that the application is in order. P & Z Meeting April 18, 2002 Page 15 3' ` f� � ' r !IF FPS ZURNG sr66i �. s� n`l'd� Mr. Grande questioned if the conditional use permit would apply to the property or Just fo i APPROVAL applicant, just in case the venture does not succeed. Mr. Kelly stated that under normal circumstances a conditional use permit would run with the property not with the owner or the applicant. He also stated that if the Board or Commission had any concerns regarding this they could add a condition that it applies only the particular applicant. Chairman Matthes asked Ms. Dimsey to address the issues regarding suitability of that site for a daycare. Mr. Dimsey stated that they are not increasing traffic to the area and are just adding a service to those in need in the area already. He continued that there is a home on the west side of the church and there is a trucking company behind that house. He stated that he felt that area is mostly used as a storage area and not really as a full-time operating business. He also stated that the daycare is on the east side of the church and does not pose any hazards to the children. He continued that with the HRS requirements there would be a five to six-foot fence surrounding the daycare area and door alarms. Ms. Dimsey stated that HRS has done some preliminary inspections as well as the Fire District and have advised them of what needs to be brought to their specifications in order to open for business. Mr. Akins confirmed that the Department of Children and Families regulate the safety measures prior to the facility opening. Ms. Dimsey stated that is correct. Mr. Dimsey stated that the facility would be brought up to County codes as well as child development codes. Mr. Grande questioned if they are leasing the space from the church. Mr. and Ms. Dimsey confirmed that is correct. Mr. Grande asked Ms. Young what liability the church would have for daycare center problems. Ms. Young stated that liability would vary based on how the license is issued. She continued that they might have some liability since it is on their site and they would ultimately be responsible for the condition of the building. Mr. Grande asked Staff if issues regarding potential liability had been discussed with the church. Mr. Kelly stated that Staff did not discuss that with them and typically that would be between the applicant and the church. Ms: Dimsey stated that they had discussed these issues with the church and they will have two separate liability policies. Mr. Dimsey stated that as a separate entity the daycare would be holding at least a million dollar liability policy before the church would become responsible for any liability. Mr. Dimsey stated that as a deacon of the church, he has discussed all of these matters in great detail with the church and they too will be upgrading their minimum liability policies to satisfy everyone. Mr. Grande stated that he just wanted to be sure the church was aware of their potential liability in this situation and was consciously undertaking an increased risk. Mr. Lounds re -confirmed that Mr. Dimsey was a deacon in the church. Chairman Matthes opened the Public Hearing. Mr. Herbert Beach stated that he is disturbed by the Institutional zoning because this zoning is usually given to non-profit organizations such as churches and other organizations that pay no ad-valorum tax. He questioned if the business that they will be operating, under the church, is profit or non-profit. He stated that he felt this should be denied because it is opening a can of worms allowing someone to lease a portion of land or space under a tax exemption status. He also stated that he felt his taxes paid for those non-profit organizations and he would not want someone to be able to sneak in the back door and not pay their taxes. P & Z Meeting April 18, 2002 Page 16 ;9 TO & ZONING Mr. Mike Booth stated that he owns the property to the east of the church at 382 East'Midway Road and is opposed to this due to the increased traffic it may generate throughout the day. He also stated that sometimes the traffic backs up half way down Midway Road coming out of Indian River Estates and this would generate more traffic. He continued that the noise levels of structures being built and the noise overall from the children will be increased. He also stated that the property to the west of the church does have a trucking operation that have large dump trucks and semi -trucks going in and out all day and this may pose a hazard to children in the area. He stated that he felt a church should be run as a church and only a church. Chairman Matthes asked Mr. Booth if his property is the Commercial, General piece or residential. Mr. Booth stated his property is zoned Commercial, General and has an insurance office on it. He also stated that he has been there for fourteen years and there is a security facility on the back of the property, which is his residence. Ms. Janet Dubois stated that she owns property at 393 East Midway Road and objects because of the traffic that already exists on Midway Road and also the emergency vehicles that run up and down Midway Road all day and all night. She continued that she could see the traffic from her kitchen window and sees that it gets backed up at night during the weekdays, especially from around four o'clock till six -thirty. Mr. Shane Bland stated that he lives at 385 East Midway Road and is directly across the street from the church. He stated that traffic is already insane on this street and adding forty more cars on that road in the morning and evening will just add to the confusion already there. He continued that the added noise to the area at six in the morning would be crazy. He also stated that he is opposed to the fact that they are part of the church which does not pay taxes and that is not right. He stated that a lot of the people he had spoken with stated they were concerned about any future expansion of the business as well as the added traffic. Chairman Matthes closed the Public Hearing. Mr. Grande questioned if this is part of letter " f' under the conditional uses, which is educational services and facilities. Mr. Kelly stated that is not correct and a daycare as per the SIC Code is considered to be under social services. Mr. Grande questioned if a for -profit daycare would still fall 'under social services. Mr. Kelly stated that profit and non-profit are not separated under the code. Mr. Grande questioned where the fire station was in correspondence to the church. Mr. Kelly stated it was not within the range of the overhead maps. Mr. Murphy it was on Regina, which is further east than the map shows. Mr. Lounds stated he is concerned about the traffic and how the church entrance is configured. Mr. Dimsey stated that the configuration of the church is an L shape back and to the right. He stated there is a roundabout, which is part of the church, and holds approximately twenty automobiles and they also have a grassy area available. He continued that there really wouldn't be an increase in traffic of forty individual cars because the drop-off times may vary from each individual. Mr. Lounds asked approximately how large the congregation of the church was. Mr. Dimsey stated it was approximately thirty to thirty-five people. Mr. Lounds asked if the students were already lined up. Ms. Dimsey stated she does not have any lined up at this time. P & Z Meeting April 18, 2002 Page 17 �. �iJ n.�Ff rN eii r. f3 ✓3, WV _ mom E fc TO ZONING 'nF+rnF' t`A PI PROVAL. ��� Mr. Jones questioned if this is a profit or non-profit corporation. Mr. and Ms. Dimsey stated it was. a for profit organization. Mr. Jones asked what the tax situation would be for a church. Ms. Young stated that she assumed they would be tax-exempt because most of the churches in the area have applied for a tax-exempt status. Ms. Dimsey stated that she was told that the church is tax-exempt but that it would not be an issue with them. Ms. Young also stated that the Property Appraisers Office, once notified would review the use of the property but churches are allowed to have daycare centers. Mr. Jones stated that he owns a business in Martin County and is required to pay property taxes even though he doesn't own any property there. Ms. Young stated they would have to pay personal property tax and occupational license tax and those types of things even though they are on tax-exempt property. Mr. Grande asked Staff what the setback is for the church. Mr. Kelly stated he doesn't have the exact feet, but that there is a substantial amount of property in front of the church. Mr. Merritt stated that a lot of the traffic concerns on East Midway Road are generated from the elementary school on Weatherbee Road. He questioned what the time frame for DOT is for a traffic signal on Weatherbee and U.S. 1. Mr. Kelly stated he did not know and didn't believe there were any plans of putting one up there in the near future. Mr. Hearn stated that he was concerned about left turns into the church and wondered if the conditional use could be granted with the stipulation that the traffic must enter from the east and turn to the right. Chairman Matthes stated he believed that would cause an enforcement problem. Mr. Jones questioned if the drop off and pick up times would fluctuate throughout the day from six to nine in the morning. Ms. Dimsey confirmed that it would not be like a school with one standard drop-off or pick-up time and arrivals and departures would be spread out throughout the day. Mr. Akins asked Staff if the Property Appraisers Office reviews a situation where a profitable company is operating on a previously exempt property. Ms. Young stated that she believed they do review any changes in use on the property and get the information from the Community Development Department. She also stated that a daycare is a permitted use as far as they're concerned regarding the exemption. Mr.,Grande stated that he believed that the operators would pay all of the business taxes and the churches would file their own returns and would justify this as tax-exempt income based on the lease to these people. Mr. Lounds stated that the tax issues don't really concern him but he does agree with the public's concerns regarding traffic. He stated that since Midway Road is a major corridor there would be no way to stop the increase in traffic. He also stated that he did not have a problem with the Dimsey's request for a daycare center at a religious institute. P & Z Meeting April 18, 2002 Page 18 UAi 1V % W tiles 1:1 W"t3 ', L {-eSib�f TO C "yAMISSIGN WIROVAL Mr. Lounds stated that after considering the testimony presented during the Public Hearing, including staff comments, and the Standards of Review as set forth in Section 11.07.03, St. Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Mercedes Academy and Child Development, Inc. (Linda Dimsey, Agent), for a Conditional Use Permit to allow social services in the I (Institutional) Zoning District, subject to Staff conditions, because of the reasons stated. Motion seconded by Mr. Hearn. Upon a roll call vote the motion passed with a vote of 7-1 (with Mr. Merritt voting against) and forwarded to the Board of County Commissioners with a recommendation of approval. P & Z Meeting April 18, 2002 Page 19 Sc �i.i ��. is IT To AGENDA ITEM 11: ORDINANCE 02-005 — Property Maintenance Code: tPA� Ms. Heather Young, Assistant County Attorney, advised that Agenda Item # 11 is to consider Ordinance 02-005 (previously Ordinance 01-006) amending the St. Lucie County Land Development Code to create Section 13.09.00, Existing Property Maintenance Code, to provide for adoption of Chapter 3, General Requirements, of the 2000 International Property Maintenance Code with certain revisions. A copy of Chapter 3, as modified, is attached to the ordinance and will be maintained in the Public Works Department — Code Compliance Division pursuant to the ordinance if adopted. During the January 17, 2002 public hearing on the proposed ordinance, the Planning and Zoning Commission/Local Planning Agency directed staff to delete Section 302.2 (Grading and Drainage), as well as language from Section 303.02 regarding removal of oxidation stains. Staff was further directed to all language to Section 302.9 regarding securing property following damage and to clarify Section 302.2 (Rodent Harborage) to exempt agricultural property and exclude squirrels from the definition of "rodent". Staff recommends that the Planning and Zoning Commission / Local Planning Agency forward proposed Ordinance No. 02-005 to the Board of County Commissioners with a recommendation of approval. Mr. Hearn stated that he feels that AR-1 (Agricultural, Residential — 1 du/acre) should not be included in the exempt zones listed in Section 302.2 (Rodent harborage) because it is a residential district for single-family homes and not agricultural. Chairman Matthes confirmed that he agreed with Mr. Hearn that AR-1 should not be excluded from Section 302.2 (Rodent harborage). Mr. Hearn also stated that in Section 301.3 (Vacant structures and land) he would like to see the words "or vacant land" removed because he doesn't feel it is necessary to include that. He also stated that he would like the word "clean" stricken from the entire section because it is open to interpretation. He also stated that he would like the words "take such steps and perform such acts as may be required of him from time to time to" in the fourth line be removed because it is not necessary. He continued that there should be some sort of definition of "good" because that too is open to interpretation. Mr. Lounds asked if the words "structurally sound" could be used to replace the word "good". Ms. Young stated "structurally sound and operational" could be used. Mr. Hearn asked if the sections regarding Motor Vehicles and Rubbish and Garbage clearly and thoroughly covered in the present code. Ms. Young stated that there are sections regarding both abandoned and non -serviceable vehicles and trash and debris in the existing Code of Ordinances. Mr. Jones stated that he felt there are enough rules and regulations already but there is a need for this. He continued that from what he has heard, it seems the problems are mostly with rental properties, not privately owned residential property. He stated that he agrees with Mr. Hearn's comments but would prefer that this ordinance only apply to rental properties. Mr. Grande stated that he believes that the area of concern that caused this ordinance request was in fact a private property owner on North Hutchinson Island, not a rental. P & Z Meeting April 18, 2002 Page 20 OVAL Mr. Grande continued that there is a typo in Section 303.2 (Protective treatment) and im&� read "water tight" not "ater tight". Ms. Young confirmed that was a typo that would be corrected. Mr. Trias stated that with older communities, this type of ordinance is necessary to maintain the upkeep of these types of areas and he supports this ordinance. Mr. Lounds stated Code Enforcement might need to become more active and not be so passive. He also stated that there are rules and regulations on the books that cover most of this already. He continued that for this type of ordinance to be effective the Code Enforcement Department really need to make an effort to not be static and become more proactive. He also stated that he really wants the Board of County Commissioners to encourage the Code Enforcement Department to become more active and not passive. Mr. Lounds verified with Staff that Section 302.4 (Weeds) is being deleted because there is an ordinance already existing that deals with those matters. Ms. Young stated that Mr. Murphy does not believe there is one specific to that already. Mr. Lounds asked why that section had been deleted. Mr. Murphy stated that Staff has not been instructed by the Board to establish, what in essence would be, a lot mowing regulation because of the wide variety of situations the County has to deal with. Mr. Lounds asked if there might be areas that have a deed restriction regarding yard maintenance. Mr. Murphy stated that might be the case, but the County does not enforce private deed restrictions. Mr. Lounds asked Mr. Grande if South Hutchinson Island has any regulations in place regarding yard maintenance restrictions. Mr. Grande stated they do not have anything in place due to the lack of volunteers to enforce it. He continued that many of the condominiums are gated and have their own requirements and are enforced by their associations. Chairman Matthes opened the Public Hearing. Mr. John Ferrick stated he would like to read a letter from the North Fork Property Owners. He continued that the Homeowners Association still has a problem with #3, 303.2, line 5 (peeling, flaking and chipped paint shall be eliminated and surfaces repainted). They feel that line should be eliminated because it could place a hardship on people who are on a fixed income and the elderly might have to give up medicine or food. He also stated it can be quite expensive to hire a contractor to take care of this type of a problem and it is not always a priority job. If folks do not have family in the vicinity, it could be cost prohibitive. He questioned who would determine how much peeling, flaking or chipped paint it will take to cite a homeowner. He stated they did not feel this was reasonable and could be unrealistic. Mr. Herbert Beach stated that he has been reviewing this ordinance and it's changes since it was first brought before the Commission because of his activities in the community. He continued that. he felt that Section 302.4 (Weeds) should be left in the ordinance to regulate the many communities that are not deed restricted. He also stated that he felt if this section of the ordinance was left in the County right-of-ways might be maintained better. He advised that he felt that Section 303.2, regarding peeling, flaking and chipped paint needed to be fine-tuned. Ms. Shirley Burlingham from North Beach stated that Hutchinson Island is not the only area in need of this type of ordinance. When you enter North Beach from Fort Pierce there are 18 buildings, with 3 units each (54 apartments) where four are owner occupied and each have 2 additional tenants. Three are out of state owners (CA, WV, MI) and one person who is living in Coral Cove owns five. Two are owned by a corporation in Vero Beach and Stuart and most likely are rentals. A painting company in Vero Beach owns one unit and there are three owned P & Z Meeting April 18, 2002 Page 21 C��7; �•vadr�6Y�Si8��86A� by residents of North Beach of Fort Pierce. The gentleman living in Coral Cove owns the five Ad OVAL properties that are in the worst condition. She continued that she believed that area is supposed to be designated as a scenic highway and they are all working very hard to maintain the beauty of the area but this area is of concern. She also pointed out that Mr. Hearn's question about the word "good" reads "good repair" later in that section and maybe replacing the word "condition" with the word "repair" would help. She then questioned why Section 304 (Interior Structure) is being removed from the ordinance. She stated that she is aware of two instances where this type of code would have been helpful regarding the interior upkeep of the triplexes and they are very concerned about these types of residences. Ms. Young stated that a copy of a letter from Arlene Goodman was given to each of the Commission members stating that her concerns are basically the same as those expressed by Mr. Ferrick regarding deleting the section regarding peeling, flaking and chipping of paint due to the hardship it might impose on elderly. Chairman Matthes closed the Public Hearing. Mr. Hearn stated that he felt the word "excessive" added before the words peeling, flaking and chipped paint might address some of the concerns. Mr. Grande stated he did not agree with adding that word because this ordinance is intended to be a cosmetic type of ordinance, not health related. He continued that he felt that if there is a problem with regulating peeling and chipping paint, then you should not vote for the ordinance. Mr. Lounds asked Mr. Trias what the City's regulations are regarding the paint on buildings. Mr. Trias stated it is almost the same as that being presented to the Commission tonight. He continued that it is impossible to have a code that is perfectly worded in all areas. He also stated that he felt these ordinances are imperfect and are to be implemented by professionals who use their judgment. He recommended that the ordinance just be voted on now. Mr. Trias stated that after considering the testimony presented during the Public Hearing, including staff comments, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to Ordinance 02-005 with the following revisions: 1. In Section 301.3 (Vacant structures and land) the words "or vacant land" removed; the word "clean" stricken from the entire section; the words "take such steps and perform such acts as may be required of him from time to time to" in the fourth line be removed. 2. In Section 302.2 (Rodent harborage) AR-1 (Agricultural, Residential — 1 du/acre) should not be included in the exempt zones listed. 3. In Section 303.2 replace the word "good" with "structurally sound" and add a "w" to 'later" in the sixth line down. Motion seconded by Mr. Hearn (with discussion). Mr. Hearn stated that the only reason he offered the suggestion of adding the word excessive was to avoid removing that section all together. He also stated that the Comp Plan Study Group had proactive Code Enforcement in the new Comprehensive Plan but somehow that was taken out. P & Z Meeting April 18, 2002 Page 22 � "I LWOM �Y�„8F O sa & ZONING He continued that they had requested it be modified to on the major corridors, but th w�, APPROVAL as not added either. He stated that he fully supports Mr. Lounds request for proactive Code Enforcement in St. Lucie County. Mr. Lounds asked Staff if Section 302.4 could be added back into the ordinance but be restricted to areas within the Urban Service Area. Ms. Young stated that if the Commission requests that be done, they might be able to word it similar to the wording in the rodent harborage section. Mr. Lounds continued that he felt that lawn maintenance is as important to the look of the County as peeling and chipping paint especially in the more dense residential areas of the County. Mr. Murphy stated it would be better to specify defined zoning districts. Mr. Trias questioned if using the term urban developed land would work. Mr. Murphy stated that is too ambiguous and it should be more defined to a list of zoning districts or to properties east of the Urban Service Boundary. Mr. Trias stated that he agreed a list of specific zoning districts might be more appropriate. Mr. Hearn stated there are two major problems with having a mowing ordinance. The first is the Florida Yards and Neighborhoods program that the State of Florida promotes and the second is the St. Lucie County Vegetation Removal program, which discourages clearing lots in specific area within the Urban Service Boundary. He continued that he feels that should not be dealt with at this time. Chairman Matthes asked Mr. Murphy if the Board had requesting that lot mowing be reviewed. Mr. Murphy stated they were not asked to add in issues regarding lot mowing into the property maintenance ordinance. Mr. Grande stated that he felt they should vote one way or the other on the ordinance with regards to how it is currently written and possibly address adding lot mowing at a later date. Mr. Merritt stated that he felt this was a feel good ordinance that won't accomplish any more than what is currently on the books and he wanted his strenuous objection to this ordinance noted in the minutes. Mr. Jones asked if the Board of County Commissioners will be reviewing all of the wording or is the Planning and Zoning Commission trying to send them a document that it ready to be voted upon. Mr. Murphy explained that he felt they would be reviewing the final text structure of the document before making any final decisions. Mr. Jones stated that there is some wording that he is not comfortable within this ordinance but feels it should be voted on and forwarded to the Board for their review and comments. Mr. Murphy advised that the Board would receive detailed minutes regarding discussion of this ordinance for their review. Upon a roll call vote the motion passed with a vote of 6-2 (with Mr. Merritt and Mr. Jones voting against) and will be forwarded to the Board of County Commissioners with a recommendation of approval. P & Z Meeting April 18, 2002 Page 23 �'� OTHER BUSINESS/DISCUSSION:���� & ZONING Next scheduled meeting will be May 16, 2002. coldmissjRpPROVAL ADJOURNMENT Motion to adjourn made by Mr. Lounds and seconded by Mr. Matthes. Meeting was adjourned at 8:55 p.m. Respectfully submitted: i Dawn Gilmore, Secretary Approved by: Stefan Matthes, Chairman P & Z Meeting April 18, 2002 Page 24