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
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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
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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.
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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
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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
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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
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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
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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
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PL AHHING & 7.0NING
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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
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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
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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
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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
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DATE ON WHICH VOTE OCCURR D St. Lucie Count
MY POSITION IS:
March 21, 2002 Q/ELECTIVE CY APPOINTIVE
WHO MUST FILE FORM'813
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commission, authority, or committee. ft,applies equally to members of advisory and non -advisory bodies who are presented with a voting
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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
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: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
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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. T
Wine may e■athae been made b pavWe ■w m douo"mW &=Nvft
Mo .Ww Wade.■W ra kwdW br use sa a Wg* bkvft domm -t
A i t�
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f F' xta L v a �5w�. E:; d ,t'C� r <,T a r i '' �' .•d ia`a° ,d �.„s
-a .,R a 2 xaf " ii•. �L
k"4
i „1�'�C:;y �� LXi.'t 'Ryr`': �"� y4� �• '^�,T` „ s d � u��� ^n a �,, 7 f � y: � n- -. � �$�>t $`y s fie... � 4i p,.^;r YT xul >,��.� � �§
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t, L :Aa t r bfp tY i� I n3
�'r � �!} � �f' r1 /f 9r` �'s'1 ` y �: /> ,1 rir_�'✓/- �;4 `^,>� { a-" �e ?
ri-
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V V, mFgY :+ t 'r/ �� rotY"�9 � ��•e'
i A-Z aw8'
5 t✓ x t <'' r t v"' s 3, a v' s i".:Ar°.,...,. ul
It
°a v .� � n � 3 � � / '� � sr t Z z i z t ..�.•. 3 F3 ^�'� a " � `r 1 � z Y � s�.+,9,��. #��a
i J ✓s Y : �P yr3 �uF 2c 4� ��w
..a;.Eem..mvY,.7L.'�"3
a�'-� .,&� m. .�a�;Y. ,x<. ,QA�.� t. <rd.zz�w..� � . .3?zaw��.x.a � �°cnt •,�-.�., ,i7&.Ak,�.. �a .. �_ i.F'a s ..:�� i E,.wv.
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
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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.
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Building materials, i�ardware and garden supply
+
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Cleagmg sanvIce r�a9t "
k Commercial printing cyst
Gotiriurncations except towers tact :.
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botnputer ro 9 g.
rammin ," data r66e 9690 & ther com uter serv:
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Contract �onstructioi� sere office & interior storage only)
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CullYral activities and nature exhibipons tsssy
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CUItca(ing reading, conlmerciai art/photo & stenog, sery
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Eating placas,isel. . �.
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Educational services except public schools te)
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Eng�ieering, accountuig; research, management &.related sen/ices'tet
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Equpmentlental and leasing seniices a35t
u;
Executive, ,legislative, and judicial functions i9,�sas�sa�srs�s,� -
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Farm labor„and mariggemenYservices (07e) /
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Finaicial,,insurance, and "real,estate �sors+ls�sass�s>>
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pool stores tsar
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puneral and crematory services "(7i6)„
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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
��
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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
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This pattern Indicates Map prepared March 27,2002
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F. P. F. W. M. D. Canal No. 14
---------------
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This pattern indicates
subject parcel
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Map prepared March 27, 2002
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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]'
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---------------------------------------------------
Aqunoo aagogO99�0
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_
.
--
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
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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
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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
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A Petition of Alf's
a retail liquor stor(
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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
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Alf's Spirits and Wines, Inc.
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HIRD
C,
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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.
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CU 02-003
This pattern indicates
subject parcel
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Com
a Ra Drive
T/U
Map prepared March 26, 2002
��bw 1. �WW t a#/
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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
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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
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A Petition of Linda Dimsey for a Conditional Use Permit to allow social services in
the I (Institutional) Zoning District.
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CU 02-004
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CU 02-004
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CU 02-004
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CU 02-004 ------------ 500' boundary
This pattern indicates
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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
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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
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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
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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
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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
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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
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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
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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}�
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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
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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
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& 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
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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
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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
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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
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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.
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April 18, 2002
Page 18
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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
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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.
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April 18, 2002
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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
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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.
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April 18, 2002
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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
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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
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