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HomeMy WebLinkAboutAgenda 03-20-2003St. Lucie County Planning and Zoning Commission/Local Planning Agency Regular Meeting Commission Chambers, Yd Floor Roger Poitras Annex March 20, 2003 7:00 P.M. AGENDA CALL TO ORDER: A. Pledge of Allegiance B. Roll Call C. Announcements D. Disclosures AGENDA ITEM 1: MEETING MINUTES — February 20, 2003 Action Recommended. Approval Exhibit #1: Minutes of February 20, 2003 AGENDA ITEM 2: FILE NO. CU-02-009 Petition of ANGELHEART ACRES, for a Conditional Use Permit to allow a community residential home in the RS-4 (Residential, Single-family 4 du/acre) Zoning District. Staff comments by David P. Kelly. Action Recommended: Withdraw from Board Consideration and Forward to Code Enforcement for further action. Exhibit #2: Staff Report, Site Plan, and Site Location Maps AGENDA ITEM 3: FILE NO. PA-02-005 Petition of ROBERT C. FENDER, for a Change in Future Land Use from RU (Residential Urban) and COM (Commercial) to COM (Commercial). Staff comments by Hank Flores. Action Recommended. Forward Recommendation to County Commission Exhibit #3: Staff Report, Site Plan, and Site Location Maps AGENDA ITEM 4: FILE NO. RZ-02-022 Petition of ROBERT C. FENDER, for a Change in Zoning from the CN (Commercial, Neighborhood) Zoning District and CG (Commercial, General) Zoning District to the CG (Commercial, General) 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: FILE NO. CU-03-002 Petition of RANJAMA PATEL, for a Conditional Use Permit to allow the operation of a retail liquor store for the offsite consumption of distilled and undistilled alcohol within the CG (Commercial General) Zoning District. Staff comments by Cyndi Snay. Action Recommended. Forward Recommendation to County Commission Exhibit #5: Staff Report, Site Plan, and Site Location Maps 'r St. Lucie County Planning and Zoning Cotnmission/Local Planning Agency Regular Meeting — Page 2 AGENDA ITEM 6: FILE NO. CU-03-001 Petition of K & M PROPERTIES OF FL, LLC, for a Major Site Plan and Conditional Use Permit to allow the construction of a concrete batch plant and operation of a concrete mixer in the IH (Industrial, Heavy) Zoning District. 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: FILE NO. RZ-03-006 Petition of RODNEY HOPKINS, for a Change in Zoning from the I (Institutional) Zoning District to the CG (Commercial General Zoning District. Staff comments by Hank Flores. Action Recommended. Forward Recommendation to County Commission Exhibit V. Staff Report, Site Plan, and Site Location Maps AGENDA ITEM 8: FILE NO. CU-03-003 Petition of RODNEY HOPKINS, for a Conditional Use Permit to allow the operation of a Hotel/Motel (Time Share) operation in the CG (Commercial General) Zoning District. Staff comments by Hank Flores. Action Recommended: Forward Recommendation to County Commission Exhibit #8: Staff Report, Site Plan, and Site Location Maps AGENDA ITEM 9: FILE NO. RZ-03-005 Petition of CHITO & MARIA SARKER, for a Change in Zoning from the CO (Commercial Office) Zoning District to 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 OTHER BUSINESS: A. Other business at Commission Members' discretion. B. Next regular Planning and Zoning Commission meeting will be held on April 17, 2003, 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. St. Lucie County Planning and Zoning Commission Meeting Minutes REGULAR MEETING February 20, 2003 Commission Chambers, 3rd Floor, Roger Poitras Annex 7:00 p.m. MEMBERS PRESENT: Mr. Matthes, Mr. Grande, Mr_ Hearn, Mr. Jones, Mr. Lounds, Mr. McCurdy, Mr. Merritt, and Mr. Trias. MEMBERS ABSENT: Mr. Akins (Absent - With Notice) OTHERS PRESENT: Mr. David P. Kelly, Planning Manager; Mr. Hank Flores, Development Review Planner III; Ms. Heather Young, Asst. Co. Attorney; Ms. Carol Moler, Administrative Secretary. P & Z Meeting February 20, 2003 Page 1 CALL TO ORDER Chairman Merritt 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 Merritt gave a brief presentation on the procedures and what to expect for tonight's meeting. The Planning and Zoning Commission is an agency that makes recommendations to the Board of County Commissioners on land use matters. These recommendations are made after consideration of staff recommendation and information gathered at a public hearing, such as those we will hold tonight. The meeting will progress in the following manner: • The Chair will call each item. • Staff will make a brief presentation on the facts of the request. • The petitioner will explain his or her request to the Board. • Members of the public will be allowed to present information regarding the request. • The public portion of the meeting will be closed and the Board will discuss the request. Further public comment will not be accepted unless the Board has specific questions. • The Board will vote on its recommendation after its discussion. For legal reasons, the motion may be chosen and read from a script provided by staff. Motions both for and against are provided to the Board members. for their consideration and vote, usually within the next month. Once again the Planning and Zoning Commission acts only 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 February 20, 2003 Page 2 AGENDA ITEM 1: MEETING MINUTES — JANUARY 16, 2003: Mr. Grande made a motion for approval. Motion seconded by Mr. Lounds. Upon a roll call vote, the motion passed unanimously (with a vote of 8-0). AGENDA ITEM 2: ERNEST F. AND EILEEN B. VAUGHN — FILE. NO. RZ-03-003: Mr. Hank Flores, stated that Agenda item 2 is an application of Ernest and Eileen Vaughan for a Change in Zoning from RM-5 (Residential, Multiple -Family — 5 du/acre) Zoning District to the RE-2 (Residential, Estate — 2 du/acre) Zoning District for property located at 13775 South Indian River Drive. He advised the stated purpose of the rezoning is to allow for the construction of a guest home on the subject property. He stated staff has reviewed the petition and determined that it conforms to the standards of review set forth in the Land Development Code and is not in conflict with the Comprehensive Plan. He stated staff recommends you forward the petition to the Board of County Commissioners with a recommendation of approval. Ms. Eileen Vaughn stated she lives at 13775 South Indian River Drive, Jensen Beach. She stated she wants to put in a garage and a little apartment above for our family. She stated when she bought the property it was RM-10 and now the zoning is RM-5. She stated all she wants to do is go to RE-2. Chairman Merritt opened the Public Hearing. Seeing no one, Chairman Merritt closed the Public Hearing. Mr. Grande stated looking at the map, is the lot behind this property land locked or inaccessible. Mr. Flores stated he believes those lots are part of the mobile home park. Mr. Grande stated this is going from RM-5 to RE-2. He asked if there is a problem with building a garage or the garage with the guest quarters or a guesthouse in RM-5. Mr. Flores stated according to the Land Development Code, this would be perceived to be two separate families and each house would have to meet lot size dimensional requirements for the RS-4 Zoning for Multiple Family Zoning, and this would not meet those standards. Mr. Grande stated then the change is necessary. Mr. Flores replied yes it is. Mr. David Kelly stated in order to follow up on the question about the other lots behind, he stated if you notice the lot lines are dash lines that connect the mobile home park to the lots behind it. He stated that would indicate that they are common ownerships. Mr. Mattes stated 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 P & Z Meeting February 20, 2003 Page 3 approval to the application of Eileen and Ernest Vaughn, for a change in Zoning from the RM-5 (Residential, Multi -Family — 5 du/acre) Zoning District to the RE-2 (Residential, Estate) Zoning District, because the down zoning aldng Indian River Drive is better for that community. Motion seconded by Mr. Grande. Upon a roll call vote the motion passed unanimously (with a vote of 8-0). Chairman Merritt advised Ms. Vaughn that her petition would be forwarded to the Board of County Commission with a recommendation of approval. AGENDA ITEM 3: ROBERT FENDER — FILE NO. PA-02-005: Mr. Hank Flores stated it doesn't appear that the applicant or representative is present and he asked if the hearing would still continue. Chairman Merritt asked if there was anyone present to represent the petitioner. No one answered. He asked the pleasure of the Board. Mr. Lounds stated he has questions for the petitioner about his request and with him not being here, it would be hard to do that. He stated he would rather not take action on this without the petitioner to be here to at least offer or defend his views or share his feelings. Mr. Grande stated he agreed with that, but he had one question for staff. He stated the last time this petition came forward there was a question as to whether an arrangement had been made between the owner and the County. He asked was this researched and what was the answer. Mr. David Kelly stated this was researched. He stated that Mr. Fender's contention was that he had an acre of commercial zoning and that through takings and other things he lost some of that area. Mr. Kelly stated Mr. Fender did lose some area and the County through a rezoning replaced it. He stated Mr. Fender did get back to the original amount, but he never had an acre. Mr. Kelly stated there is a drawing available that shows the sequence of events. Mr. Flores stated that every member of the Board received a copy of that drawing showing the acreages. He stated Mr. Fender had .50 or .56 acres before the original taking and there was .3637 acres after the taking. He stated with the rezoning it increased the Commercial General to .5369 acres. He explained that Mr. Fender is now requesting to increase that to 1.2 acres of Commercial General. Mr. Grande thanked staff. He stated he would concur with Mr. Lounds that he would be hesitant to go ahead without the presence of the petitioner. Mr. Hearn asked staff if the subject rezoning has restored the amount of acreage the petitioner had originally and now they are asking for more. He asked did he understand that correctly. Mr. Kelly replied, "Yes sir." P & Z Meeting February 20, 2003 Page 4 Mr. Hearn asked was there any promise when there land was used for the roads that this would be done. He asked was there any agreement. Mr. Kelly replied he was not aware of an agreement, but he wasn't present at the time. He stated when the land was used for a road there clearly was a subsequent rezoning that did replace that land. He stated this is over and above that. He stated whether that was an agreement at the time of the taking or something that happened subsequently — it did happen. He stated staff has this documentation and he doesn't know if there was an agreement. He stated there was never an agreement to go above and beyond. Mr. Hearn stated he thinks there are some people in the audience who have come here for this petition. He stated if it was the pleasure of the Board to allow them to speak tonight, if they can't come back next month. Chairman Merritt asked Ms. Young, what could we do in terms of the audience. Ms. Heather Young, Assistant County Attorney, stated if you would like to continue the public hearing you still need to open it. She stated what is normally done is you advise the people who are here that this may be continued to perhaps next month and that they are certainly welcome to speak tonight if they like, but it might be better if they come back next month in order to hear comments from the petitioner and the dialogue with the Board. She stated they are allowed to speak if they wish if you continue it. She stated you do have to open the public hearing and then continue it to a date certain. Mr. Kelly stated there are actually two petitions for this. He stated there is a Plan Amendment and Rezoning and each would have to be opened and continued. Mr. Kelly advised the Chairman that before you open the Plan Amendment Hearing, if that is your choice, you would have to announce that you are sitting as the local planning agency rather than the Planning and Zoning Commission. Chairman Merritt opened the public hearing for the Local Planning Agency. Ms. Patricia Ferrick spoke to the Board on behalf of the North Fork Property Owners. She had one request since this would be the second postponement if you would do a renotification to the property owners instead of just saying so this evening. She stated there are some people here tonight who may be back next time, but there are some who were here last time who couldn't make it due to illness in the family and may not be here this evening. She asked if they could do another renotification instead of just saying that this is continued. She stated if the petitioner should decide not to go forward because he already has what he stated at the last meeting that he was interested in recouping, which is what he had lost through the taking of the property for St. James or South 25`h Street. Ms. Ferrick explained that Ms. Jackson, who is out of town and will be back for the next meeting. Mr. Kelly stated the obligation for the Board is to continue this and the assumption is that those who were interested were here and would hear it. He stated staff would be happy to resend the notices, but staff doesn't wish to do the newspaper ad again. P & Z Meeting February 20, 2003 Page 5 Ms. Ferrick replied she agreed that you wouldn't have to do a newspaper ad. She asked for notification of those people within 500 feet that you notified the first time. Mr. Kelly stated staff would do that. Mr. Alan Griffith, who lives at Grey Twig Lane, stated he has a petition signed by 18 of our 23 householders. He stated we are opposed to certain zoning changes we're not opposed to zoning. He stated we are in an area that is heavily traveled and if you have every been there in the morning or evening hours it is almost impossible to get in and out of there that are there on the corner. He asked if he could present this to someone. Mr. Griffith stated we are not opposed to the zoning. He stated we are just opposed to certain businesses going in there. He stated you should know what's going in there before you O.K. the zoning. He stated we don't need another gas station. He thanked the Board. Mr. Kelly read the petition: "We the undersigned homeowners on Grey Twig Lane wish to express our objection to the proposed zoning change for the southwest corner of the intersection of 25`h Street and Midway Road. This change from Commercial Neighborhood to Commercial General would cause greater traffic congestion at what is already a very busy intersection. Entering and exiting into any new facility would be extremely difficult and we believe that any additional commercial construction at this intersection would have a negative effect on our property values. " Mr. Kelly stated he didn't count them but it says there are 18 out of 23 signatures. He stated staff would put that in the record. Mr. Matthes made a motion to continue the petition. Mr. McCurdy seconded the motion. Ms. Young stated you need to continue it to a date certain. Mr. Kelly stated the date should be March 20, 2003 at 7:00 p.m. or as soon thereafter as possible. Mr. Hearn asked staff for clarification. He asked are we obligated to continue this when the petitioner is not here. Mr. Kelly stated he was not aware of an obligation. He stated this has been the past practice of the Board. Mr. Hearn stated he has heard discussion from some of the County Commission Board members that they really feel like the petitioner has an obligation to be present if they want to be present. He stated he wanted to know if this Board was obliged to continue it. Mr. Kelly stated he was not aware of an obligation to continue. Mr. Lounds stated that the comments that were placed tonight at the public hearing would be part of the minutes for next month's meeting and become official. Chairman Merritt replied yes they will. P & Z Meeting February 20, 2003 Page 6 Chairman Merritt stated he didn't have a problem continuing the petition. He stated there could be any number of reasons for the applicant not to show up. He stated he would not want to continue granting continuances. He stated if he doesn't show up the next time then he would say end it. Upon the roll call, the motion was approved unanimously (with a vote of 8-0). Chairman Merritt closed the Planning Agency and reconvened the Planning & Zoning Board. AGENDA ITEM 4: ROBERT FENDER — FILE NO. RZ-02-022 Chairman Merritt stated this is a petition for Robert Fender _for a Change in Zoning from the CN (Commercial, Neighborhood) and CG (Commercial, General) Zoning Districts to the CG (Commercial, General) Zoning District. Chairman Merritt stated we have just heard all of the comments. He asked is there anything we need to do further. Mr. Kelly stated you need to open the public hearing so you can continue the petition. He stated you could asked the public, but I don't think you will get anything new. Chairman Merritt opened the Public Hearing as the Planning and Zoning Commission. Mr. Grande stated before we make a motion, he wanted to ask a question of staff. He stated since we have discovered that the applicant has been made whole as far as the amount of commercial property, would it be a good idea to check with the applicant to see if they have just assumed that this was going to be dropped and that they don't want to go forward. Mr. Flores stated he spoke with the petitioner and they are aware of the fact that they didn't have an acre to begin with. He stated the petitioner wanted to continue with the applied for Land Use and Zoning Change. Mr. Lounds asked would it be wrong to ask staff to bring back, assuming that this is coming back next month, to ask for some more information that would probably alleviate some of the questions I would have concerning the expansion of Midway and 25"' impact on this whole intersection. He asked if this is possible for staff to bring. Mr. Kelly replied it certainly is. He asked if there were specific questions. Mr. Lounds stated this is going to be a major intersection. He stated there is going to be major roadway developments at that intersection in all directions. He stated he would like to know if the County has an idea of what this is going to do to the land use on those corners so we can further, in his mind, determine whether the petitioner is going to have to ask for more land later on after that happens again. He stated you come to the well once you don't go back twice. Mr. Kelly asked if Mr. Lounds was asking if there would be left turn motions into this parcel. Mr. Lounds replied left and right. P & Z Meeting February 20, 2003 Page 7 Mr. Kelly stated there are always right turns. He stated that left turns coming into the parcel from Midway westbound and 25"' northbound are very, very unlikely. He stated there will be medians in place. He stated staff will confirm all of that, but if that is the question, we can have a diagram and show you all of that next time. Mr. Lounds stated this would help him in his decisions and to question further ask the petitioners for what he is going to do with the property. He stated he hoped that didn't create a problem for anyone else. Chairman Merritt stated he wouldn't mind seeing an intersection layout either. Mr. Lounds made a motion to continue this petition until March 20, 2003 at 7:00 p.m. or as soon thereafter as possible. Mr. McCurdy seconded the motion. Upon the roll call, the motion was approved unanimously (with a vote of 8-0). OTHER BUSINESS/DISCUSSION Mr. Hearn stated several months ago I raised the issue of an agenda item that would give us an opportunity to discuss if we wanted to provide an option other than a straight rezoning for projects and requests that come before the Planning Commission. He asked for this to be on the agenda as soon as we could in the future and possibly at a meeting when there is not a heavy schedule. Mr. Hearn stated he would like to have this Board have an in depth discussion about whether to have an option that would give this Board and the Board of County Commissioners an opportunity to provide some relief for a person who wanted to do something on their property rather than a straight rezoning, where we had no control over what went in once the rezoning was done. He stated he wanted to officially make this a request. Mr. Kelly asked if Mr. Hearn anticipate staff preparing anything for such a discussion or is this purely discussion by the Board. Mr. Hearn replied if staff were so inclined to prepare something, he would welcome that. He indicated he was sure this is not a unique idea that has never happened in any other community. He stated he thinks this has a place in our community. He stated rezonings come before us for people who want to do something on their property and the neighborhood is really concerned about what else could possible go in there. He stated he would like to have a method to provide, similar to a PUD that we use for other larger parcels of land to give us some control over what happens in our community without taking the drastic step of a rezoning that we have no control over. P & Z Meeting February 20, 2003 Page 8 Mr. Kelly stated this leaves him not fully understanding where you are going and he did not want to get into the debate tonight, but clearly a PNRD does that for commercial and PUD does that residential. Mr. Hearn asked aren't we subjected to a minimum acreage size on those parcels. Mr. Kelly replied yes, but in the several cases and he was thinking of two, which were both PUDs, where someone wanted to do a PUD on a smaller parcel. He stated they went to the Board of Adjustment first to get a variance and then brought a PUD to the Planning and Zoning Commission on a smaller parcel. He stated this has occurred in the past. Mr. Kelly stated we do have a mechanism that would get a smaller parcel in here as a PUD or PNRD. Mr. Hearn asked if they have to pay two separate fees to do this. Mr. Kelly replied yes they do. He stated this has happened twice. He stated one of them was on North Beach and he didn't remember where the other one was, but there were two. Mr. Hearn stated he would still prefer to have a special discussion on this subject to see how this process works in our county and then we can make a decision if we want to move forward. Mr. Kelly stated staff would get this on an agenda for the Board. Mr. McCurdy stated he was curious as to what happened at the Board of County Commission meeting. He stated he spoke briefly to Mr. Flores about the suggestions or recommendations we had last month for the PUD and the clustering west of Ft. Pierce in the agricultural areas. He asked did the Board of County Commission acted on our advice to reject that. Mr. Kelly stated this item was continued to March 4, 2003. Mr. McCurdy asked if they directed staff to explore any alternatives to that particular amendment that was presented to us. Mr. Kelly replied that he is not aware of such a directive. Mr. Grande asked to speak of the prior topic. He stated frequently in the past when we have suggested a PUD as an alternative, applicants and staff members have rightfully pointed out that the PUD process in addition to being difficult is also more expensive. He stated he would hope that we would look at an alternative as has been suggested that would not burden a single family or small lot owner with additional expense. Mr. Kelly replied yes that makes sense. He stated he didn't know how a single-family lot owner would get into this field, but this is will be part of the discussion we will have to have. He stated, maybe we need to have a discussion to determine where we need to go next. Chairman Merritt asked staff if they would explain to the Board the difference between goals and objectives and the designated zoning categories according to the Comp Plan. He stated he was still confused over why we have a zoning and the goals and objectives override the zoning issues. P & Z Meeting February 20, 2003 Page 9 Mr. Kelly stated the Comprehensive Plan is mandated by the state and consists of two sections, the data and analysis, and the policy. The data and analysis are all the facts you use to get to the policy of the county. He stated the policy of the county is in two pieces, the map package, primarily the Future Land Use Map, and the goals, objectives and policies. He stated he thinks you are comparing the Future Land Use Map and the Zoning Map and asking why are they different. He asked is this your concern. Chairman Merritt stated in the discussion with you where he was asking dealing with the issue west of town of why the goals and objectives would take precedent over the zoning that was allowed on the particular properties there. Mr. Kelly stated he understands the question better now. He stated in the specific case in 1990 when the County was going through the Comprehensive Plan, the Department of Community Affairs found us not to be in compliance. He stated one of the issues was that DCA didn't believe that we were doing enough to protect the western portion of the County from sprawl. He stated through the process of getting the Comprehensive Plan in compliance, DCA suggested a couple of policies that went into the Plan and are those that you are now commenting on seem to be in conflict with the zoning. He stated the policies for subdivisions greater than 4 units require a PUD, 80% open space, and clustering. He asked if those are the ones you are referring to. Chairman Merritt replied yes sir. He stated this leads to the next question, which is can the County legally do this. He asked can they legally designate one unit per 5 acres and then tell someone they can't build one unit per 5 acres on a 100-acre subdivision that the goals and objectives take precedent. Mr. Kelly stated by state law the Comprehensive Plan does take precedent. He stated we are obligated to make sure our Zoning Code is consistent with our Comprehensive Plan. He stated to the extent that there are inconsistencies, the Comprehensive Plan probably is the ruling document. Mr. Kelly stated there are other instances in which case a parcel may be zoned for a particular thing that is not possible to achieve. He stated it may be all wetlands or it may have other problems. Chairman Merritt stated this is making it clearer, but what he is seeing now is that our zoning laws are in conflict and they need to be updated to comply with the Comprehensive Plan. Is that correct. Mr. Kelly replied yes. He stated the intent of what came before you that you rejected very soundly was an effort to try to put the zoning in place consistent with the Comprehensive Plan. He stated the other option is to try to change the Comprehensive Plan, but knowing the history of it and knowing that it was imposed by DCA, we don't think there is a real good chance of going back to have the DCA just take that language out. He what we could do at the County level would be to make the zoning consistent. He stated if there is a need to do something with the Comprehensive Plan, it is a bigger process and a longer process and we anticipate some resistance in Tallahassee. P & Z Meeting February 20, 2003 Page 10 Chairman Merritt stated what we have now doesn't work, so we are going to have to do something. Mr. Kelly agreed. Chairman Merritt stated there is an item from Mr. Hearn regarding Roadway Capacity Expansion Studies. Mr. Hearn stated he didn't initiate this. Chairman Merritt stated it was addressed -to Mr. Hearn. Mr. Flores stated you are referring to letters _from the Treasure Coast Regional Planning Council and he didn't realize until Mr. Lounds pointed out that the letters are person specific. He stated each member was to get one of these from the Treasure Coast Regional Planning Council. Mr. Kelly stated there is one more announcement. Mr. Flores stated that Mr. Murphy would like the Planning and Zoning Commission to consider having a special meeting on March 27, 2003 to consider the rezoning for the Wal-Mart Regional Distribution Center. Chairman Merritt stated he thought if this was only one matter that the P&Z could accommodate that. Mr. Flores stated the regular Planning & Zoning Commission meeting is March 20 and this would be a week later. Mr. Grande asked if he understood that the regular meeting is scheduled for March 20, 2003 and you are suggesting a special meeting on March 27, 2003. Mr. Flores replied that's correct. Mr. Grande asked is this because the applicant won't be ready by March 20, 2003. Mr. Flores stated that actually the County is the applicant and there is a mandated 30-day period of notice requirement before any County initiated changes in zoning. He stated in order to meet that 30-day time requirement, March 27, 2003 was the earliest time. Mr. Kelly suggested that since this is not probably a long item that this might be a time for Mr. Hearn's discussion afterwards. Mr. Hearn was going to suggest postponing the March 20, 2003 meeting for a week and having it all at the same time. Chairman Merritt stated it has already been advertised. Mr. Kelly stated we haven't advertised, but we have just continued a number of hearings to that meeting. P & Z Meeting February 20, 2003 Page 11 Chairman Merritt asked what exactly are we going to do with the Wal-Mart issue. Mr. Kelly replied he believes all we are going to do is change the zoning on the parcel. Mr. Flores stated this will be for a change in zoning from AG-1 to Industrial Heavy. Chairman Merritt asked what is the pleasure of the Board. Mr. Grande stated the only question he would have left is does Mr. Hearn's suggestion work if those hearings that were just continued are readvertized. Mr. Matthes asked what kind of agenda are we looking at for March 20, 2003. Chairman Merritt stated he has a problem with the fact we told the people it would be continued to March 20, 2003 and now they are gone. Mr. Hearn stated it was suggested tonight that the property owners within 500 feet be renotified so this may be do -able with that scenario. Mr. Kelly stated we have everyone's name and could contact everybody who was in the room and it would be appropriate to reopen both hearings. Ms. Young added yes, you would have to reopen both hearings and then continue each of them until March 27, 2003 if that is your prerogative. Chairman Merritt asked staff if Mr. Fender notified you that he would not be here to night. Mr. Flores replied no, he hadn't talked to him. Mr. Grande stated that the only thing left is the sense of staff as to if we were to do this, would our regular load be too heavy on March 27, 2003, if we take what's scheduled, plus the Wal- Mart, plus the scheduled discussion requested by Mr. Hearn. He asked do we have a sense of what's coming up next month. Mr. Kelly stated there are three new ones, the two Fenders would make five, Wal-Mart would make six and the discussion would be seven items. Mr. Flores added that Ms. Snay has a couple of items. Mr. Kelly stated it would be possible to put it all together for that night and maybe it would not be a good idea for Mr. Hearn's discussion that night. Mr. Hearn stated he didn't have to have the discussion next month. Mr. Jones asked how can we open a meeting we have already closed and continue to do it at another time certain. Ms. Young asked did you adjourn yet. She stated she didn't think you did. P & Z Meeting February 20, 2003 Page 12 Mr. Jones replied no, we closed those hearings. He asked how could we reopen something we publicly closed. Ms. Young stated obviously this is not the preferable way to handle this, but you probably could. She stated what Mr. Kelly is saying, she was wondering if you should just go ahead and have the meeting on March 20, 2003 and then the other one on March 27, 2003. Chairman Merritt stated this has been a contentious issue with the City of Ft. Pierce and Port St. Lucie and there are liable to be 100 people with that hearing. He stated we might want to continue that hearing at one time. Mr. Kelly stated you mean for the Wal-Mart property. He stated he thinks the Board has all the facts now, so he asked what is your pleasure. Mr. Matthes stated his pleasure is separate meetings. There was consensus among the member to have separate meetings. Mr. Kelly stated then there will be a regular meeting on March 20, 2003 and the meeting on March 27, 2003 will be for Wal-Mart and if it doesn't stretch on into the evening, we can have Mr. Hearn's discussion that night. Mr. Hearn asked if staff would be prepared for that night if there is time. Mr. Kelly responded absolutely. Mr. Lounds asked a question on the invitation to the Treasure Coast Regional Planning Council. He asked what is the purpose of this invitation on March 26, 2003 the night before the other meeting. Mr. Flores stated he believes this is going to be a presentation by the Renaissance Planning Group of the Regional Land Use Study. Mr. Trias stated this is an educational meeting. Next scheduled meeting will be March 20, 2003. A special meeting will be held on March 27, 2003. P & Z Meeting February 20, 2003 Page 13 ADJOURNMENT Meeting was adjourned at 8:00 p.m. Respectfully submitted: Approved by: Carol Moler, Secretary Ed Merritt, Chairman P & Z Meeting February 20, 2003 Page 14 PLANNING AND ZONING COMMISSION REVIEW: 3/20/03 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: Panning and Zoning Commission FROM: Planning Manager (( �— DATE: March 14, 2003 SUBJECT: Angelheart Acres Conditional Use At your January meeting, you continued this item until March 20, 2003 in order to allow staff time to resolve various issues concerning this and other assisted living facilities in the Caprona/ Prima Vista area. The original applicants, Mr. and Mrs. lania, have asked that the petition for conditional use approval be withdrawn. They believe that the State of Florida prohibits counties from regulating foster homes; and therefore, no conditional use is necessary. The Florida Department of Children and Families originally supported that position, but was unable to provide any documentation that would prevent the county from enforcing its Land Development Code provisions. The county only regulates these uses if they are applied for within 1000' of a similar use. The county continues to believe that its code is consistent with state law and that its regulation of these uses is appropriate. Since the applicants have asked that the petition be withdrawn, staff recommends that the Planning and Zoning Commission accept the withdrawal of the application. By copy of this memorandum, Planning Staff is asking Code Enforcement Staff to reactivate its ongoing investigation, which was held in abeyance pending the results of the conditional use process. cc: County Administrator County Attorney Community Development Director Code Enforcement Manager AGENDA - PLANNING & ZONING COMMISSION THURSDAY, March 20, 2003 7:00 P.M. ANGELHEART ACRES, has petitioned St. Lucie County for a Conditional Use Permit to allow a community residential home in the RS-4 (Residential, Single -Family - 4 dulacre) Zoning District for the following described property: Location: 171 NE Caprona Avenue, Port St. Lucie 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 January 6, 2003. Legal notice was published in The News and The Tribune, newspapers of general circulation in St. Lucie County, on January 2, 2003. File No. CU-02-009 MEMORANDUM COMMUNITY DEVELOPMENT Planning Division To: Planning and Zoning Commission From: Planning Manager Date: January10, 2003 Subject: Continuation of Angelheart Acres Conditional Use Tearing Staff recommends that this matter be continued until your February meeting. On November 5, 2002, Patricia lania filed a petition for a Conditional Use Permit in order to expand Angelheart Acres, her family residential (foster) home which has been in operation for about five years, at 171 Caprona Ave. in River Park. The Conditional Use Permit is only required if another family residential home is located within 1000 feet of the subject property. The petition was to be heard at your December 2002 meeting. During the review of the petition, staff checked county records (both community development and occupational licenses) and the records of the Department of Children and Families (DCF). No family residential home was identified within the 1000 foot radius. Staff informed the applicant that no Conditional Use Permit was required and canceled the hearing. Subsequent to these actions neighbors of the petitioner identified an apparently unlicenced group home at 111 Caprona Ave. within the 1000 foot radius. Staff readvertised the hearing and placed it on the agenda for your January 16, 2003 meeting. Since that action, DCF has stated that state law prohibits the county from regulating they 10oation of foster homes and provided an Advisory Legal Opinion which appears to support this position. The county believes that it can and should regulate these uses. Attorneys for both agencies are researching this issue. Because it does not appear that this issue can be resolved by the IV h, staff is recommending that the hearing be continued until the February meeting. Interested parties in the River Park area have been advised of this -recommendation -and -will -not -attend -the meetfng�-ffiave-asked-Ms.-taniato fie -present in case you have questions. cc: County Attorney Community Development Director AGENDA - PLANNING & ZONING COMMISSION THURSDAY, January 16, 2003 7. 00 P.M. ANGELHEART ACRES, has petitioned St. Lucie County for a Conditional Use Permit to allow a community residential home in the RS-4 (Residential, Single -Family - 4 du/acre) Zoning District for the following described property: Location: 171 NE Caprona Avenue, Port St. Lucie 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 January 6, 2003. Legal notice was published in The News and The Tribune, newspapers of general circulation in tLucie County, on January 2, 2003. File No. CU-02-009 i or ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA January 16, 2003 TO • WHOM• IT MAY CONCERN: NOTICE is hereby given in accordance with Section 11.00.03 of the St. Lucie County Land Development Code and the provisions of the St. Lucie County Com- prehensive Plan, the follow- ing applicants have requested that the St. Lucie County Planning and Zon- ing Commission consider their following requests: 1. ATLANTIC TRUSS COM- PANY, LTD., for a Change in. Zoning from the AG-1 (Agricultural - 1 du/acre) Zoning District to the IL (In- dustrial, Light) Zoning. Dis- trict for the following described property: 36 34 39N 452,50 FT OF SW 1/4 OF NW 1/4 — LESS W 74 FT FOR RD AND CANALS•(13.05 AC) Location: East side of North Kings Highway, approximately, 1/4 mile iouth of St. Lucie Boulevard. 2:. ROBERT FENDER, for a. Change.n.Future Land Use Classification from RU. (Res- identialUrban) and COM (Commercial). to COM (Commercial) for. the fol- lowing described property: 05 36 40 BEGAT A PT 60 FT SAND.70.5 FT W OF NE'COR OPSE 1/4OFSD SEC:5; SD PT BEING INT OF R/W OF S 25 ST AND S.R/W OF MIDWAY RD, THE WLY•ALG SD S R/W 21.8 FT, TH SLY 222 FT, TH ;c ELY 250; FT TO W R/W LI OF S 25. 'SL TH NLY •ALG. 60:'W R/W-.224 FT TO POB (1.198 ACRES) Location :' Southwest corner of the intersection of South 25th Street and Midway Road. 3:= ROBERT- FENDER, for a Change in Zoning from the CN (Commercial, Neigh- borhood) and CG (Com- mercial, General) Zoning Districts to the CG (Com- mercial, General) Zoning District the following described property: 05 36 40 BEG AT A PT 60 FT S AND 70.5 FT W OF NE COR OF SE.1/4 OF SD SEC 5, SD PT BEING INT OF R/W OF S 25 STAND S R/W 'OF' MIDWAY RD, THE WLY ALG SD S R/W 216 FT, TH SLY 222 FT; TH ELY 250 FT TO W R/W LI OF S 25 ST, TH NLY ALG SD W R/W 224 FT TO POB (IA 98 ACRES) Location: Southwest corner of the intersection of South 25th Street and Midway Road. 4. ANGELHEART ACRES, for a Conditional Use Per- mit to allow a community residential home in the RS-4 (Residential, Single -Family — 4 du/acre) Zoning Dis- trict for the following described property: RIVER PARK — UNIT 4 BLK 40. LOT 9 (MAP •34/21 S) (OR 1088-608) Location: 171 NE Caprona Avenue, Port St. Lucie PUBLIC HEARINGS will be held in Commission Cham- bers, Roger Poitras Annex, 2300 Virginia. Avenue, Fort I Pierce; Florida on January 16, 2003, beginning at 7:60 P.M. or as soon there- after as possible.. PURSUANT TO Section 286:0105 �.Ffor(da Statutes, if a person decides Jo i .appeal any decision made ' by. a board, agency, or . commission with respect to' any matter; considered at a ' meeting or hearing, he will ' need a record of the.. pro= ceedings; and that for such purposes, he..may need to ensure that a verbatim recoid of the proceedings is made, which record includes the.. testimony and evidence upon which the t appeal is to.be baled. PLANNING AND - ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA IS Stefan Matthes. CHAIRMAN Publish: Jonuar/2, 2003 2597032 Section 3.01.03 Zoning District Use Regulations ' J. RS-4 RESIDENTIAL. SINGLE-FAMILY - 4 Purpose The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum density of four (4) dwelling units per gross acre, together with such other uses as may be necessary for and compatible with low density residential surroundings. The number in "()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Family day care homes. (999) b. Family residential homes provided that such homes shall not be located within a radius of one thousand (1000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HISS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) C. Single-family detached dwellings. (999) 3. - Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking Requirements Off-street parking requirements shall be in accordance with Section 7.06.00. 6. Conditional Uses a. Family residential homes located within a radius of one thousand (1000) feet of another such family residential home. (999) b. Telecommunication towers - subject to the standards of Section 7.10.23 (999) 7. Accessory Uses cce re su tect-to t eh requirements o Section 8.00.00. Adopted August 1, 1990 107 Revised Through 08/01/00 i r Local Planning Agency Review: 03/20/03 File Number PA-02-005 lop MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Local Planning Agency FROM: Planning Manager! DATE, March 14, 2003 - SUBJECT: Application of Robert C. Fender, for a Change .in Future Land Use Designation from RU (Residential Urban) and ` COM (Commercial) to COM (Commercial) LOCATIONt Southwest corner of the intersection of South 25' ! Street and Midway Road i CURRENT FUTURE LAND USE DESIGNATION; RU,(Residential Urban) and COM (Commercial) ! PROPOSED FUTURE LAND :USE DESIGNATION: COM (Commercial) EXISTING ZONING: CG (Commercial, General) and CN (Commercial, Neighborhood) PROPOSED ZONING: CG (Commercial, General) j PARCEL SIZE; 1.198 acres PROPOSED USE: Commercial General Uses SURROUNDING ZONING DESIGNATIONS: RS-4 (Residential, Single -Family 4 du/acre) Zoning to the south. AR-1 (Agricultural, Residential - 1 du/acre) to the west. RS-2 (Residential,Shale- Family 2 du/acre) to the southeast. CN (Commercial, Neighborhood) to the west and east j across South 26th Street. CG (Commercial, General) to the north and northeast across South 25t' Street. SURROUNDING LAND USE DESIGNATIONS: RU .(Residential Urban) . to the south, east, and west. RS (Residential Suburban) to the southeast. j COM (Commercial) to the northeast and northwest. March 14, 2003 Page 2 SURROUNDING EXISTING LAND USES: UTILITY SERVICE: TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: SCHEDULED IMPROVEMENTS: TYPE OF CONCURRENCY DOCUMENT REQUIRED: COMMENTS Concurrency Deferral Affidavit. This petition was continued to this meeting 'at the February 20, 2003, Planning and Zoning Commission/Local Planning Agency meeting. This application is for a change in the future land use designation of a 1.198 acre parcel from RU (Residential Urban) and COM (Commercial) to COM (Commercial). The subject property is located on the southwest corner of the intersection of South 2e Street and Midway Road. The stated purpose of the requested change in future land use is to develop the property for commercial general uses. The current future land use designation allows for commercial general uses at the corner of the subject property and limited commercial uses on the remainder of the subject property. Approval of this petition is required to allow the applicant to seek a change in zoning for the subject property from CG i�_,v.Y___:_/'1_._�.._\ _.-J fTw1 Y!�_.v.�_._-!_♦1-!�VL_..L__J\ L_ /'\/'1 /A -"_-.`----!-' General). Please contact this office if you have any questions on this matter, CONSISTENCY WITH THE ST. LUCIE COUNTY COMPREHENSIVE PLAN In reviewing this application for a proposed amendment to the St. Lucie County Future Land Use Map, staff finds that the following Goals, Objectives, and Policies of the Department Utility Service area. Prior to any final development order approvals, the applicant would need to demonstrate that sufficient capacity is available to service the project. COASTAL MANAGEMENT ELEMENT The proposed amendment has been determined not to conflict with this element. March 14, 2003 Petition:Robert C. Fender Page 5 File Number: PA-02.0.05 CONSERVATION ELEMENT The proposed amendment has been determined not to conflict with this element. RECREATION AND OPEN SPACE The proposed amendment has been determined not to conflict with this element. INTERGOVERNMENTAL COORDINATION ELEMENT The proposed amendment has been determined not to conflict with this element. CAPITAL IMPROVEMENT ELEMENT The proposed amendment has been determined not to conflict with this element. Policy 11.1.4.3(B)(3) Section 5.01.01 of the St. Lucie County Land Development Code, adopted pursuant to Policy 11.1.4.3, requires that a Certificate of Capacity be obtained before the issuance any final development_ orders for development of this property; Any proposed amendment to the St. Lucie County Comprehensive Plan may be reviewed by several state and regional agencies. The Department of Community Affairs is charged with determining whether amendments; are consistent with and further the St. Lucie County Comprehensive Plan, the State Comprehensive Plan, the Strategic Regional Policy Plan, Chapter 163, of the Florida Statutes, and Rule 91-1-5, Florida Administrative Code. In regard to the state and strategic regional plan, staff has the following comments: CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN LAND USE -..recognition of the importance -of preserving the natural resources and enhancing the quality of life of the state, development shall be directed to these areas which have in place, or have agreements to provide, the land and water resources, fiscal abilities, and service capacity to accommodate growth in an environmentally acceptable manner. The proposed amendment to the future land use classification with adequate buffering of the subject property is not expected to adversely affect the quality of. life in the immediately surrounding area. The subject property is located in an area of residential uses and commercial activities. The construction of commercial general activities on the r Y March .14, 2003 Petition: Robert C. 'Fender Page 6 File: Number: PA-02 005 l subject property is not expected to adversely affect the immediately surrounding ` area J p .p Y� p Y Y 9 and the quality of life. CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN The proposed Future. Land Use Amendment is not inconsistent with the Strategic r Regional Policy Plan (SRRP) because the approval of Ahe request would encourage the location Of additional commercial development in: an area where thereare existing, vacant` commercial properties. CONCLUSION In reviewing -this application for a change in the future land use classification, staff recognizes that through prior changes in zoning and future land use classifications;;, the adjacent neighborhood to the south of the subject ;property has been buffered from the full effects of the CG (Commercial, General) Zoning District by a portion of the ,entire j subject property remaining zoned CN (Commercial, Neighborhood). The proposed 'in Future Land Use Classification change and concurrent request for a change zoning to CG would allow the continuation of a CN buffer, though.the size of the buffer width would be reduced. Based' upon the information provided,; staff has found that the proposed future land use change is consistent with the Goals, Objectives, and Policies as set forth in the St. Lucie County Comprehensive Plan. Staff also finds the proposed amendment to be consistent With the State Comprehensive Plan and Regional Policy Plan. Staff recommends that this petition be forwarded to the Board of County Commissioners with a recommendation of -approval. ; Attachment hf cc: 'County Administrator County Attorney Robert C. Fender File I I Ii Underline is for addition alr—e-through d for deletion St. Lucie County Future Land Use Comprehensive Plan 1-28 Adoption: March 5,.2002 St. Lucie County Comprehensive Plan Underline is for addition sinke dough Nfor deletion Future Land Use 1-29 Adoption: March 5. 2002 © Residential development shall be regulated by the intensity district in which it is to take place. In no case should gross residential density exceed 15 du/ac. o All uses shall be comnntihle with internal and external adjacent land uses. SPECIAL DISTRICT (SD) The intent of the Special District (SD) designation is to identify those areas where specific uses or combinations of uses are anticipated. These include previously approved Community Development Districts, areas for which a site specific development plan or concept has been granted, or areas which by their location have specific issues and concerns for their development. Residential densities within an area designated as a Special District, are limited to what the current land use designation authorizes. Any increase over the present designation may be considered only through the Plan Amendment process. COMMERCIAL (COM) The Commercial (COM) land use designation is applicable to areas of future commercial development, in addition to those existing developed commercial areas. Future commercials areas should be located at points of high transportation access, with specific action taken to prevent the development of new linear commercial strips. Although this plan supports the location of higher intensity commercial uses at the intersection of arterial - roadways, it should not be interpreted to mean that every intersection should be designated for commercial activities. Unless otherwise designated on the future land use maps, applications for commercial use should be done in conjunction with a detailed review of the impacts of such development on adjacent property, specifically noting what, if any, negative neighborhood impacts could result. The Commercial (COM) designation is intended to accommodate all commercial zoning districts as identified under St. Lucie County's Land Development Regulations- Office and general retail uses are considered the principal uses within the COM designated areas. INDUSTRIAL (IND) This land use industrial use. This land use designation is intended to be implemented through both the heavy and light industrial zoning districts, with the specific criteria for zoning application as provided for under the policies of the Future Land Use Element. Underline is for addition stfilfe-through if for deletion St. Lucie County Future Land Use Comprehensive Plan 1.31 Adoption: March 5, 2002 A Petition of Robert C. Fender for a Change in Future Land Use Classification from RU (Residential Urban) and COM (Commercial) to COM (Commercial). V) r LO N r 7 O N 58 G9 S.R. No. 712 Midway Rood M IY N p 9 6 7 6 5 1 JILL IJ Groll Twig Lane H 15 116 F, IB 9 p 8 PP 11Y+ 25 y 2W>.IO 10 0 Ow DriveQnch Drive V) '� 29 2s 2. - 6 g 10 1 N 12 1 IJ 14 I Luc Lone 7 6 5 4 .1 Y 1 PA 02-005 This pattern indicates V/////z subject parcel 1 Y J 1 5 6 7 River Hammock Lane 1100110! GIS Map prepared December 31, 2002 This map has been compiled for general pt—ng and reference purposes Dory ' T Who every effotl has been made to provx7e the r-sl current and aGv;Urale l�vl inlb boh W-bleI s not intended 10, sae .. x_n e _ . Robert C. Fender S.R. No. 712 ----- AR-1 Fc ainbow AR-1 ■ we Lucy Lane PA 02-005 This pattern indicates subject parcel N N v to Midway Rood C 0 46R-1 Y J 6 7 p E Y o y / r3 4 d 3 23 a 9 �3 c O v ? 3 River Branch Drive 2 Jo z, 25 / Y J 4 3 6 7 River Hammock Lone / Y 3 4 3 6 7 GIS Map prepared December 31, 2002 This map has been c pilea lW generelplanning and reference q,po&es any ' T While every e"W has mce been ato provide the most canon and a —ale N utf-- possiblan . is not intenoetl 1. use as a egWIV finning aocu�nnrn C Land Use Robert C. Fender Al I II I V) N RU II COM tr) COML N G9 S.R. No. 712 12 N q 9 7 6 5 4 J E a Gro Twig Lane Midway Rood RU62 N Y J 6 7 q E �. , bow 3 Drive C�C 5 _3 ° C U O -' River Branch Drive N z9 ze y �s 25 YI rz +J Lucy Lane 7 6 5 J Y RZ 02-022 This pattern indicates subject parcel 0 N P I J ' 1 I-5 6 7 River {iIHHammock Lone 11101091 pis Map prepared December 31, 2002 This map has been Compiled for general planning and relerence purposes only N NT7e every edon has been made to provide the most QXfenl and aoourale infofrnation possible. it is not Warded for use as a legely binding document ail BOARD OF COUNTY COMMISSIONERS March 4, 2003 JL�� cOG N COMMUNITY DEVELOPMENT DIRECTOR �ORI�Q' In accordance with the St. Lucie County Land Development Code, you are hereby advised that ROBERT FENDER, has petitioned St. Lucie County for a Change in Future Land Use Classification from RU (Residential Urban) and COM (Commercial) to COM (Commercial) for the following described property: Location: Southwest corner of the intersection of South 25u' Street and 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 March 20, 2003, 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 (772) 462- 1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above -described parcel, please forward this notice to the new Sincerely, S�T.. LU'IC' �I�E�COOUNTY PLANNING AND ZONING COMMISSION Ed Merritt, Chairman JOHN D. BRUHN. District No. 1 • DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 e FRANNIE HUTCHINSON, District No. 4 • CLIFF BARNES, District No. 5 County Administrotor - Douglos M. Anderson 2300 Virginia Avenue • Fort Pierce, FL 34982-5652 Administration: (772) 462-1590 • Planning: (772) 462-2822 GIS/iechnical Services: (772) 462-1553 Economic Development: (772) 462-1550 Fax: (772) 462-1581 Tourist/Convention: (772) 462-1529 • Fax: (772) 462-2132 www.co.st-lucie.fl.us o N ornrnONrnNrnaC) , 'c!' O i - G 00 Cstn kn% ION T'rnON0%4nrn�arno%oNaON0% I�! , 1, I 4! N O Ni i( i I i OD i tn- M i i M-- 0%mrnrnrna i i i I i 00 ON 00 00I o0 0 00 00 (oo l �° oo ; , i ON ON; rn; It tt. 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Ca` H ii•G" �.cll r� I y Ui U W �i >1 y h1 " 0= N U R ;N z aPJ4 aa�wdaF— ¢ I �O M l- 10 1 � M r- ! V 100 � I xt' O r O U ti, C> C> O O O im O O O O OIO O O Co O'O OIO�O O O O O O 4.. O �"' y , O co OiO'O OIOiO �O N N' M 'It �o O\+ C> C>C> Os %O � C. C>1 O10 O\, 10 0 O en tV C._ O_ O O C>O O N a O O C> C>C>C> O C>O O1O 0,0�0 C> O O C>O o o C> O O O t A CS"oIo N 0 O� M NIS•.--. O Oi0 O).•+ OlOiO fn00000WAoa0000000 M Ct MIS•-••0 CS O OLcn Cn vIt %n h :V V' C. 00 hMIM C)I C> C� 'IT MI MLnM1 M M M Nr M M(M N W O N a Local Planning Agency Review: 02/20/03 JG�E COG �y y� File Number PA-02-005 0R10MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Local Planning Agency FROM: Planning Manager 04- DATE- February 14, 2003 SUBJECT: Application of Robert C. Fender, for a Change in Future Land Use Designation from RU (Residential Urban) and COM (Commercial) to COM (Commercial) LOCATION: Southwest corner of the intersection of South 25`h Street and Midway Road CURRENT FUTURE LAND USE DESIGNATION: RU (Residential Urban) and COM (Commercial) PROPOSED FUTURE LAND USE DESIGNATION: COM (Commercial) EXISTING ZONING: CG (Commercial, General) and CN (Commercial, Neighborhood) PROPOSED ZONING: CG (Commercial, General) PARCEL SIZE: 1.198 acres PROPOSED USE: Commercial General Uses SURROUNDING ZONING DESIGNATIONS: RS-4 (Residential, Single -Family 4 du/acre) Zoning to the south. AR-1 (Agricultural, Residential - 1 Family 2 du/acre) to the southeast. CN (Commercial, Neighborhood) to the west and east across South 25'h Street. CG (Commercial, General) to the north and northeast across South 25th Street. SURROUNDING LAND USE DESIGNATIONS: RU (Residential Urban) to the south, east, and west. RS (Residential Suburban) to the southeast. COM (Commercial) to the northeast and northwest. February 14, 2003 Petition: Robert C. Fender Page 2 File Number: PA-02-005 SURROUNDING EXISTING LAND USES: Single-family residences are located to the south of the subject property. To the east across South 25th Street is a convenience stores. To the northeast is a shopping plaza. To the north across Midway Road is vacant commercial land. UTILITY SERVICE: The subject property is within the Port St. Lucie Utilities service area. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The road right-of-way for South 25t" Street is 100 feet in width. The right-of-way width for Midway Road varies. SCHEDULED IMPROVEMENTS: None at this time. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit. COMMENTS This application is for a change in the future land use designation of a 1.198 acre parcel from RU (Residential Urban) and COM (Commercial) to COM (Commercial). The subject property is located on the southwest corner of the intersection of South 25th Street and Midway Road. The stated purpose of the requested change in future land use is to develop the property for commercial general uses. The current future land use designation allows for commercial general uses at the corner of the subject property and limited commercial uses on the remainder of the subject property. Approval of this petition is required to (Commercial, General) and CN (Commercial, Neighborhood) to CG (Commercial, General). Please contact this office if you have any questions on this matter, CONSISTENCY WITH THE ST. LUCIE COUNTY COMPREHENSIVE PLAN In reviewing this application for a proposed amendment to the St. Lucie County Future Land Use Map, staff finds that the following Goals, Objectives, and Policies of the February 14, 2003 Page 3 Petition: Robert C. Fender File Number: PA-02-005 County Comprehensive Plan are the primary components applicable to this petition. The following is an element -by -element evaluation of the proposed amendment: FUTURE LAND USE ELEMENT The proposed amendment has been determined not to conflict with this element. The future land use classifications surrounding the subject property are RS (Residential Suburban) to the southeast and RU (Residential Urban) to the south and east. The northeast and northwest corners of the intersection of South 25th Street and Midway Road are designated with a future land use classification of COM (Commercial). The existing future land use classification of RU allows residential densities of up to 5 units per gross acre and some limited commercial uses and COM allows all commercial zoning districts, including CG (Commercial, General). Policy 1.1.8.6 Eliminate future scattered and highway strip commercial development by encouraging the development of commercial centers or nodes consistent with the future land use map. The proposed future land use classification change to COM (Commercial) is consistent with this policy by encouraging commercial development at the intersection of two major arterials — South 25t Street and Midway Road Policy 1.1.8.7 Restrict strip commercial development to those traffic corridors where such development patterns now exist. The depth of these commercial areas should average 600 feet, with the exceptions to be found at points of arterial intersection. The subject property is located at the intersection of South 25th Street and Midway Road, at a point of arterial intersection. The existing depth of the Commercial Future Land Use portion of the subject property from Midway Road is approximately 135 feet. The applicant is proposing a depth in this area of approximately 225 feet. The existing depth of the Commercial Future Land Use portion of the subject property from South 251h Street is approximately 225 feet. approximate 50-foot wide buffer of CN (Commercial, Neighborhood) Zoning on the property would exist -between the subject property and the residential neighborhood to the immediate south. TRAFFIC CIRCULATION ELEMENT The proposed amendment has been determined not to conflict with this element. February 14, 2003 Page 4 MASS TRANSIT ELEMENT Petition: Robert C. Fender File Number: PA-02-005 The proposed amendment has been determined not to conflict with this element. PORT AND AVIATION ELEMENT The proposed amendment is outside of the land area discussed within this element and the proposed amendment is not expected to result in any direct impacts to these areas. HOUSING ELEMENT The proposed amendment has been determined not to conflict with this element. INFRASTRUCTURE ELEMENT Sanitary Sewer Sub -Element The proposed amendment has been determined not to conflict with this element. The subject property is within the Port St. Lucie Utilities Department Utility Service area. Prior to any final development order approvals, the applicant would need to demonstrate that sufficient capacity is available to service the project. Solid Waste Sub -Element The proposed amendment has been determined not to conflict with this element. Drainage and Aquifer Recharge Sub -Element The proposed amendment has been determined not to conflict with this element. Potable Water Sub -Element The proposed amendment has been determined not to conflict with this element. The subject property is within the Port St. Lucie Utilities Department Utility Service area. Prior to any final development order approvals, the applicant would need to demonstrate that sufficient capacity is available to service the project. COASTAL MANAGEMENT ELEMENT February 14, 2003 Page 5 Petition: Robert C. Fender File Number: PA-02-005 The proposed amendment has been determined not to conflict with this element. CONSERVATION ELEMENT The proposed amendment has been determined not to conflict with this element. RECREATION AND OPEN SPACE The proposed amendment has been determined not to conflict with this element. INTERGOVERNMENTAL COORDINATION ELEMENT The proposed amendment has been determined not to conflict with this element. CAPITAL IMPROVEMENT ELEMENT The proposed amendment has been determined not to conflict with this element. Policy 11.1.4.3(B)(3) Section 5.01.01 of the St. Lucie County Land Development Code, adopted pursuant to Policy 11.1.4.3, requires that a Certificate of Capacity be obtained before the issuance any final development orders for development of this property. Any proposed amendment to the St. Lucie County Comprehensive Plan may be reviewed by several state and regional agencies. The Department of Community Affairs is charged with determining whether amendments are consistent with and further the St. Lucie County Comprehensive Plan, the State Comprehensive Plan, the Strategic Regional Policy Plan, Chapter 163 of the Florida Statutes, and Rule 9H-5, Florida Administrative Code. In regard to the state and strategic regional plan, staff has the following comments: CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN LAND USE - F.S. 187.201(16) - In recognition of- the importance of preserving the natural resources and enhancing the quality of life of the state, development shall be directed to those areas which have in place, or have agreements to provide, the land and water resources, fiscal abilities, and service capacity to accommodate growth in an environmentally acceptable manner. February 14, 2003 Page 6 Petition: Robert C. Fender File Number: PA-02-005 The proposed amendment to the future land use classification with adequate buffering of the subject property is not expected to adversely affect the quality of life in the immediately surrounding area. The subject property is located in an area of residential uses and commercial activities. The construction of commercial general activities on the subject property is not expected to adversely affect the immediately surrounding area and the quality of life. CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN The proposed Future Land Use Amendment is not inconsistent with the Strategic Regional Policy Plan (SRRP) because the approval of the request would encourage the location of additional commercial development in an area where there are existing, vacant commercial properties. CONCLUSION In reviewing this application for a change in the future land use classification, staff recognizes that through prior changes in zoning and future land use classifications, the adjacent neighborhood to the south of the subject property has been buffered from the full effects of the CG (Commercial, General) Zoning District by a portion of the entire subject property remaining zoned CN (Commercial, Neighborhood). The proposed Future Land Use Classification change and concurrent request for a change in zoning to CG would allow the continuation of a CN buffer, though the size of the buffer width would be reduced. Based upon the information provided, staff has found that the proposed future land use change is consistent with the Goals, Objectives, and Policies as set forth in the St. Lucie County Comprehensive Plan. Staff also finds the proposed amendment to be consistent with the State Comprehensive Plan and Regional Policy Plan. Staff recommends that this petition be forwarded to the Board of County Commissioners with a recommendation of approval. Attachment hf cc: County Administrator County Attorney Robert C. Fender File Suggested motion to recommend approval/denial of this requested Comprehensive Plan Amendment. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE LOCAL PLANNING AGENCY OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF ROBERT C. FENDER, FOR A CHANGE IN FUTURE LAND USE DESIGNATION FROM RU (RESIDENTIAL URBAN) AND COM (COMMERCIAL) TO COM (COMMERCIAL), BECAUSE .... [CITE REASON(S) WHY - PLEASE BE SPECIFIC] MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE LOCAL PLANNING AGENCY OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF ROBERT C. FENDER, FOR A CHANGE IN FUTURE LAND USE DESIGNATION FROM RU (RESIDENTIAL URBAN) AND COM (COMMERCIAL) TO COM (COMMERCIAL), BECAUSE .... CITE REASON(S) WHY - PLEASE BE SPECIFIC] I Planning and Zoning Commission Review: 03/20/03 File Number RZ-02-022 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Planning and Zoning Commission FROM: Planning Manager DATE: March 14, 2003 SUBJECT: Application of Robert C. Fender, for a Change in Zoning from the CN (Commercial, Neighborhood) and CG (Commercial, General) Zoning Districts to the CG (Commercial, General) Zoning District. LOCATION: Southwest corner of the intersection of South 25th Street and Midway Road CURRENT FUTURE LAND USE DESIGNATION: RU (Residential Urban) PROPOSED FUTURE LAND USE DESIGNATION: COM (Commercial) EXISTING ZONING: CG (Commercial, General) and CN (Commercial, Neighborhood) PROPOSED ZONING: CG (Commercial, General) PARCEL SIZE: 1.198 acres PROPOSED USE: Commercial General Uses SURROUNDING ZONING DESIGNATIONS: RS-4 (Residential, Single -Family 4 du/acre) Zoning to the south. AR-1 (Agricultural, Residential — 1 du/acre) to the west. r o-z (Kesiaential, Single -Family 2 du/acre) to the southeast. CN (Commercial, Neighborhood) to the west and _east across South 25th Street. CG (Commercial, General) to the north and northeast across South 25th Street. M . .- 64 I Y March 2003 Robert C Fender Ra' a 2ub�eat 9 File No; Rz02-022 SURROUNDING LAND US`E_> DESIGNATIONS ` RU ;;(Residential ;Urban) to the r south, east, and (Residential Suburban) to the soptheast; ._ COM k £ (Comrnerci�l) to the nol'thoast �d northwest s _ `�XS�i SURROUNDINO. EXISTING t LAND USES edences afhlySd to the south .of the �� ry� subject property;'. To the east aol-os S_)OK,5"' donvemence store Tothe northeast i a shppping plaza. y ` UTILITY SERVICE} The° subjeet property is within t l.u`cie Utilities service area .; TRANSPORTATION IMPACTS q RIGHT=OF�WAY t, ADEQUACY: ' The road tight of�way fof Sou#ha' Strad# is 10 feet in width The_ ng-f-we ' width, fob llilidway toad in the area-r Wide F SCHEDULED,' IMPROVEMENTS: None at.this tune.: 4 TYPE OF CONCURRLNCY `t DOCUMENT REQUIRE.D,: Concurren - Deferral Affidavit: S7ANI)ARDS-OF'REVIEW AS SET FORTH IN SECTION 11.06A31 ST. LUCIE`GOUNTY LAND DEUELOPMENT`CODE In reviewmg..lhis application for proposed rezoning, ahe planning and Zoning Commission shall cons deretid make the following dotermine tions. 1,J ' 1Nhether.the ose_d rezoning is in ponfhct with any applicable portions, _Pr of-thwSt. Lud County Land peve lopment Code_ The proposed; zoning district .is consistent with the ; St Lucie County Land DiAvAa en code and=lm ­tanda 2. Whether the proposed amendment is ;consistent with all elements of the St. Lucle County.Comprehensive Plan; The proposed .change in zoning is consistent with all elements of the. St. Lucie County, 'Comprehensive Plan. _ The request is compatible With the COM (Commercial) Future Land Use classification, which allows commercial general' zonir►g. The ;applicant has applied ;for a change of the future land use l 4 .> x March 14, 2003Subject:'Robert C. Fender Page 3 File No: RZ-02-022 designation from RU to COM (Commercial) concurrent with this application fora '- change in zoning. 3, Whether and the extent to ,which the proposed zoning .ls ,inconsistent -with the existing and proposed land uses; The proposed CG (Commercial, General) Zoning pistriot is consistent with the existing commercial uses in the.area. 4. Whether there have been changed conditions that require an amendment; Conditions have not changed so as to require an amendment. 54 Whether and the extent to which the proposed amendment would result in demands on public faclitles, and whether or -to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not 11mited to transportation facilities, sewage facilities, water supply, parks,drai,nage,; schools, solid waste, mass transit, and emergency medical facilities, The intended use for this rezoning is not expected to create significant additional demands on public facilities in this area: :Any development will need to demonstrate that there are adequate public facilities in the area to support any proposed development, - 6. Whether and the extent to which the proposed amendment would result In significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. Any development will be required to comply with all state _ and local environmental regulations. 7. Whether and, the extent,to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; The proposed amendment may result in an orderly and 10gical development pattern. nor zoning actions a is oca on ave e a me a, Neighborhood) buffer between the CG(Commercial, General) and the, residential subdivision to the south. This petition maintains such a buffer although its width is decreased. ' Any development will be required to comply with the County's residential to non-residential buffer requirements. March 14, 2003 Page 4 Subject: Robert C. Fender File No.: RZ-02-022 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment is not expected to be in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS This petition was continued to this meeting at the February 20, 2003, Planning and Zoning Commission/Local Planning Agency meeting. The petitioner, Robert C. Fender, has requested this change in zoning from the CG (Commercial, General) and CN (Commercial, Neighborhood) Zoning Districts to the CG (Commercial, General) Zoning District on property located on the southwest corner of the intersection of South 25th Street and Midway Road in order to allow the property to be developed for commercial general uses. In order for the change in zoning request to be heard and approved, a concurrent request for a Future Land Use Classification change from RU (Residential Urban) to COM (Commercial) must also be reviewed and approved by the Board of County Commissioners. Attached is a copy of Section 3.01.03(S) — CG (Commercial, General) and Section 3.01.03(Q) — CN (Commercial, Neighborhood), of the St. Lucie County Land Development Code, which delineate the permitted, accessory, and conditional uses allowed in these zoning districts. If a change in zoning is approved, the applicant, by right, would be allowed to establish any of the uses under the Permitted Uses section. Any use under the Accessory Uses section would be allowed only if one or more of the permitted uses exist on the subject property. Any use under the Conditional Uses section could only be allowed if it first receives approval through the Board of County Commissioners. Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff is, therefore, recommending that this Board forward a recommendation of approval to Board of County Commissioners. Please contact this office if you have any questions on this matter. Attachment cc: County Administrator County Attorney Robert C. Fender File 0 Suggested motion to recommend approval/denial of this requested change in zoning. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF ROBERT C. FENDER, FOR A CHANGE IN ZONING FROM THE CN (COMMERCIAL, NEIGHBORHOOD) AND CG (COMMERCIAL, GENERAL) ZONING DISTRICTS TO THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT, BECAUSE .... [CITE REASON[S] WHY - PLEASE BE SPECIFIC]. MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, 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 ROBERT C. FENDER, FOR A CHANGE IN ZONING FROM THE CN (COMMERCIAL, — - NEiGHBORHOOD)-AND-CG-(COMIMEROIAL, GE-NE-RAL-)ZONING-D1ST-RIC-T�T-O-THE—CG- (COMMERCIAL, GENERAL), BECAUSE.... [CITE REASON[S] WHY - PLEASE BE SPECIFIC]. r' TM 1.`y l Section 3.01.03 ` F Zoning District .Use'Regul.1 ons t C. 'ON COMMERCIAL. NEIGHBORHOOD„ 5 1. Purpose The purpose of this.district is to -provide and protecl ah environment suitable for limited retail trade r and service activilies covering a relatively small area and:th'at is interRded4o serve the population living in surrounding neighbofioods:.7he number in "()" following each rdentified use corresponds to the SIC code reference described is Section-.': The:number 999 applies to.a use not defined under the SIC. code but may be further. defned ih Section 2 00 00 of this code. 2: Permitted Uses a. Beauty and barber services. (rzynq " b. JCivid, social and fraternal associations teen. c. Depository institutions tso� d. Laundering acid "drydeaning (self-service). rn+s) e". ; Real estate m1 f, Repair service {1') Electrical repair. (7ee) (2) Shoe repairs (r?s) } (3) Watch, clock, jewelry, and musical instrument repair. (7631) Retail trade (each building shall be less than `Q., 00 square feet gross floor areas all uses inclusive): 0) Antrques Pm f (2) Apparel and accessories: m) ,... (3) Books and stationery.lss+tis9�t Cameras and photographic supplies. s9ael (5) Drugs and proprietary.'(5912) (6j Eating places (sw) (fi)' Norists: s992� (Q) Food stores w), (9); 'Gifts, novelties, and souvenirs. rs9azi (10) Hobby. toy and game shops (sa4s) (11') Household appliances tsar , 02) Jewelry. c5944r (13) Newspapers and magazines. (5994) (14) Optical goods. tss9si (16) Nurseries. lawn and garden supplies. (see) (16) Radios, Ws, consumer electronics and music supplies (573) (17) Sporting goods and bicycles. ts94» (18) Tobacco products. ts993a idea -tape rentaF 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. Adopted August 1; 1990 114 Revised Through 08/01/00 C Section 3.01.03 Zoning District Use Regulations (2) Used merchandise stores (s93) (3) Sporting goods (594,) (4) Book & stationary (59426943) (5) Jewelry (5944) (6) Hobby, toy and games (sm) (7) Camera & photographic supplies (594e) (8) Gifts, novelty and souvenir (594r) (9) Luggage & leather goods (s94e) (10) Fabric and mill products (s949) (11) Catalog, mail order and direct selling (swus9e3) (12) Liquified petroleum gas (propane) (sm) (13) Florists (s99s) (14) Tobacco (5993) (15) News dealers/newsstands (sml (16) Optical goods ts99s) (17) Misc. retail (See SIC Code for specific uses) (5999) hh. Miscellaneous personal services (see SIC Code Major Group 72): (1) Tax return services ins,) (2) Misc. retail (See SIC Code for specific uses) (rase) ii. Miscellaneous business services (see SIC Code Major Group 73): (1) Detective, guard and armored car services v3sn (2) Security system services (73ez) (3) News syndicate (73e3) (4) Photofinishing laboratories tr334) (5) Business services - misc. t73m) jj. Mobile home dealers (sv) kk. Mobile food vendors (eating places. fruits & vegetables -retail) (ees) if. Motion pictures t7e) mm. Motor vehicle parking - commercial parking & vehicle storage. (752) nn. Museums, galleries and gardens (e4) oo. Personnel supply services (7m) pp. Photo finishing services (rw4) qq. Photographic services (722) IT. Postal services (43) ss. Recreation facilities (ees) tt. Repair services (7e) uu. Retail trade4ndoor display and sates only, except as provided in Section 7.00.00. (ees) W. Social services: (1) Individual & family social services (=m39) (2) Child care services (eas) Ww. Travel agencies (4724) xx. Veterinary services (074) 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 Section 3.01.03 Zoning District Use Regulations 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. Adult establishments subject to requirements of Sec. 7.10.10. (sse) b. Drinking places (alcoholic beverages) - free-standing. (5813) C. Disinfecting & pest control services. (7342 d. Amusement parks. (less) e. Go-cart tracks. (rase) f. Hotels & motels. (Toi) g. Household goods warehousing and storage -mini -warehouses (sss) h. Marina - recreational boats only. (44e3) i. Motor vehicle repair services - body repair. (zw) j. Sporting and recreational camps. (To32) k. Retail trade: (1) Liquor stores. (592) k. Stadiums, arenas, and race tracks. (794) I. Telecommunication towers - subject to the standards of Section 7.10.23 (sss) 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Drinking places (alcoholic beverages as an accessory use to a restaurant and/or civic, social, and fraternal organizations). b. One single-family dwelling unit contained within the commercial building, or a detached single-family dwelling or mobile home, (for on -site security purposes). C. Retail trade: (1) Undistilled alcoholic beverages (accessory to retail sale of food). Adopted August 1. 1990 120 Revised Through 08/01/00 A Petition of Robert C. Fender for a Change in Zoning from the CN (Commercial, Neighborhood) and CG (Commercial, General) Zoning Districts to the CG (Commercial, V) s LO N r O (n 58 M S.R. No. 712 Midway Road 62 12 // AD 9 6 7 6 s . J 2 / a Gra Twig Lone N a 16 O a 19 20 a Yz 23 24 25 NME 10 Rainbow �,rive NIx 3 0E0 Branch Drive V) 1 6 9 1 JO M a lJ N Lucy Lone 7 6 S 4 RZ 02-022 This pattern indicates subject parcel /—F Y -F- J L 4j 5 ,— River Hammock Lone 1110010! GIS- Map prepared December 31, 2002 This map has been compiled for general planning and relerence purposes only N While every effort has been made to provide the most current and a —fate information possible, it is not intended for use as a legally binding document. P , o Sl9 1 � i is PANS ov —mro�trva-rouvx flL \ £lL xr f 0 W ,......YW3At MOLtl3M3-" _ € ..... OtOtl Ig1SM101' ......_... .., . _. lY t1f a Y tlti�M Z OtOY N1tKY]OW U � n i � avov «tea aor r�.oul avow trxn ramr� a � W � N < oe OMaiox 1i3c Mil i am GINS Q tz-2 ivNt7 Z W M T s i£ 1 s 5£ 1 s 9£ 1 KLN(1OO 338OHO33>iO --�•�w— Z n �Z Y r' o s `Iyy' A VVA MIND I /I 0 ¢ Zoning Robert C. Fender as II I CO II I V) CG:�i 97 " CjG AR-1 0 (N I �9 II S.R. No. 712 Midway Road AR-1 CI1 C 0 /G�R-1 CO 20 /2 u p 7 6 5 1 J Y 1 �J Gra Twig Lane N g n /6 9 pp m YP PJ YI v AR-1 6 9 b a 12 Q 14 Lucy Lone 7 6 5 1 J P 1 RZ 02-022 This pattern indicates subject parcel N Y J 6 7 p •` E Y � u a 0 V1 f � 3 � U N 5 «3 B 9 E o -' River Branch Drive P9 YB Y� I P J 4 5 6 7 River Hammock Lone [I 2 74-1 5 6 7 pis' =. Map prepared December 31, 2002 This reap has been cw pilw lot general planning ana relerence purposes wiy ' T While every egos has been —de to provide the —,it C renl and accurate mlN wmahon possible. it is not intenoed Iw use as a tegalty dndmg doeument V.z Gil s15'All 44 lrM4lX -ad' -SWC No w 1310hi Is, - 1L�ai' A imp AGENDA - PLANNING & ZONING COMMISSION THURSDAY, MARCH 20, 2003 7: 00 P.M. ROBERT FENDER, has petitioned St. Lucie County for a Change in Zoning from the CN (Commercial, Neighborhood) and CG (Commercial, General) Zoning Districts to the CG (Commercial, General) Zoning District for the following described property: Location: Southwest corner of the intersection of South 2V Street 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 hearings notice of the same was sent to all adiac rop�rty nwr►ers March 4, 2003. Legal notice was published in The News and The Tribune, newspapers of general circulation in St. Lucie County, on March 5, 2003. File No. RZ-02-022 BOARD OF COUNTY COMMISSIONERS March 4, 2003 GCE ��G J N COMMUNITY DEVELOPMENT DIRECTOR �OR10 In accordance with the St. Lucie County Land Development Code, you are hereby advised that ROBERT FENDER, has petitioned St. Lucie County for a Change in Zoning from the CN (Commercial, Neighborhood) and CG (Commercial, General) Zoning Districts to the CG (Commercial, General) Zoning District for the following described property: Location: Southwest corner of the intersection of South 251h Street and 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 March 20, 2003, 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 (772) 462- 1777 or T.D.D. (772) 462-1428. owner. Please call 7721462-1582 if you have any questions, and refer to: File Number RZ-02-022. Sincerely, ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION e Natl � z; Ed Merritt, 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, District Nc 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue • Fort Pierce, FL 34982-5652 Administration: (772) 462-1590 • Planning: (772) 462-2822 GIS/Technical Services: (772) 462-1553 Economic Development: (772) 462-1550 Fax: (772) 462-1581 Tourist/Convention: (772) 462-1529 • Fax: (772) 462-2132 www.co.sr-lucie.fl.us J. Ilk 159 �u d y )-enis F a u) /e,,, � 7,Z-Wil Lane � f,pi erne, l FL IV91kl -!�fer�,Qn rha� Aes <S+, Lc,c_.c i e. C -f� �'� n n i n� C o rn ro �30o Ilir9f�c cL �� Z Dear �Jt�ssi o h sou, u�esf- c o V-x?42 r 07"-1 i�-ferse c �a, , a-F Sow ` Sfreef' o.h d Mid �.v� �ql, j� F-� , P e,rce -� a� � a �' Com�erer`c�j �e5�c�2n�`ce✓ ��lle� hl�d�-hoa� � (=�mmere�'�V GP-Oera! i as �A;s COct,) S'cC fmull CY h e� qh 6or h oc, �S C4ena(;nS (n1j ��cc)l�a �uQs re . LU e O" chi Ir- d �c/ G�dssib/e. zahi► C-f'lcere. /7 Cef MAR 5 2003 .14 c 0 C ern e a/ c< u a) 4J O �4 p $:,I ri -H ,> 4-I -P O O a) U -H a) —1 tm ' t3l U �4 b� 3(d U) 0 F" �o aa)i -,i x a) N z 4-4 �4 a) U a t:r +�-4 M U A M a) 0-H+) s~ •� U) � �4 >1 r-i 'O � U w P 4 U U) o 3 (7 o -r-4 r a) -li >1 R, .4-) o a) r1 $ -1 ° O ° N 4-1 � (00 co CO U U) � a) >i 4-4-1 U) (0 � aa)) � � P rO 3 U) � 4-) (d r1 a) a) �4 rl U O o O r4 h 4-' D 3 � � u) � -� -li >1 O 1~ 4-) • r 4 ,•-I 4n (d r-1 4-) H� •,I 4-4 4 O Q - 1 a) ° a) -P O U) a) 4-) P -H U) 0 U ri � r. �4 p O P� as co x cd 4~ �s 0 a) o 0 0 >1 U 0 o 4-) (d �4 O rO 4-) 4-+ 0 �P�,��U)(0 O O a) x O rl O U� �9: (1) v) (d 4 -) U W 'O U r I PLANNI NG AND ZONING C ON �i VI OMiV115S1 � EW• 3/20/03 File Number CU-03-002 ` COMMUNITY DEVELOPMENT DEPARTMENT` Planning Division ME'RA ORANr% RA SURROUNDING LAND USES: Commercial to the north, south, east and west. FIRE/EMS PROTECTION: Station # 3 (250 West Prima Vista Boulevard) is located approximately 1.5 miles to the west. UTILITY SERVICE: Port St. Lucie Utilities Authority -will provide water and.. sewer. TRANSPORTATION IMPACTS RIGHT-OF-WAY March 13, 2002 Circle C Liquors Page 2 CU-03-002 ADEQUACY: The existing right-of-way width for U. S. Highway One is 120 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 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 the St. Lucie County Land Development Code; The proposed conditional use is not in conflict with any applicable portions of the St. Lucie County Land Development Code. Section 3.01.03(S)(7)(k), CG (Commercial General) Zoning District, allows liquor stores as conditional uses. The proposed location is within an established shopping center (Prima Vista Crossings Shopping Center) and just to the north of the Publix Supermarket location. The subject area is zoned for the proposed commercial use. The applicant is not requesting onsite consumption of any alcohol beverage. 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 site is located within an existing shopping center (Prima Vista Crossings Shopping Center) next to the Publix Supermarket and is zoned for General Commercial businesses. 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. At the time that the Prima Vista Crossing Shopping Center was reviewed any proposed impact from the center was identified. Therefore, the proposed use will not have a negative impact on any roadway network within the vicinity of the shopping center. The proposed property receives water and sewer from the Port St. Lucie Utility Authority at the time that the Prima Vista Crossing Shopping Center was reviewed, the applicant demonstrated that sufficient capacity was available to meet all future uses within the shopping center. 4. Whether and the extent to which the proposed conditional use would result in significant adverse impacts on the natural environment; The proposed conditional use is not anticipated to create adverse impacts on the natural environment. The Prima Vista Crossing Shopping Center is built and the proposed location is within an interior unit adjacent to the Public Supermarket location. COMMENTS The applicant, Ranjama Patel, has applied for the requested conditional use permit in order to operate a liquor store within the Prima Vista Crossings, Shipping Plaza for property located at 7574 US Highway One, Unit 121-C in the CG (Commercial General) Zoning District. The retail trade of liquor for off -site consumption is allowed as a conditional use in the CG (Commercial General) Zoning District upon approval of the Board of County Commissioners. 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 Please contact this office if you have any questions on this matter. Attachment cs cc: Raniama Patel, Circle C Liquor File ee. t:aunary, cieaning an9 garment, services (721) ff. Membership organizations except for religious organizations as provided in Section 8.02.01(H) of this code (ee) gg. Miscellaneous retail (see SIC Code Major Group 59): (1) . Drug stores (sst) Adopted August 1. 1990 118 Revised Through 08/01/00' I Section 3,01 03 , Zoning Oi.stdct Use Regulations I M used merchandise stores (093) (3) Sporting goods (5941) (4) Book & stationary (ssdz6943) (5) Jewelry (5944) (6) Hobby, toy and games (594s) `- (7) Camera & photographic supplies (5946) (g) Gifts, novelty and souvenir (ss41) (9) Luggage & leathergoods (ss,e) (10) Fabric and mill products (594g) 01) Catalog, mail.order anddirect Selling (sssuss¢3) (12.) Liquified petroleum gas (propane) (sge4) (13) Florists (sss2) (14) Tobacco (5ss3) (1;5) News dealers/newsstands (6994) (16) Optical goods (599s) (17) Misc, retall (See SIC Code for specific use. (sass) hh. Miscellaneous personal services (see SIC. Code Major Group 72); (1) Tax return service$ (7261) (2) Misc. retail (See SIC Code for specific uses) nzss) ii. us business services (see SI MiscellaneoC Code Major Group 73): (1_) Detective, guard and artnoro car services cr301) (2) Security system serviees 0"2y (3) News syndicate (7*m) Photofinishing (4) laboratories (rasa) (5) Business services = misc, (1309) )J Mobile home dealers (s27) .. . kk. Mobile food vendors (eating places, fruits & vegetables -retail) (sss) IL Motion pictures 0e) ! Pm. Motor vehicle parking » commercial parking & vehicle storage. (rsz) nn. Museums, galleries and gardens_ (e4) oo. Personnel supply services (r3s) pp. Photo finishing services (73e4) qq. Photographic services (722) rr. Postal services (43) ss. Recreation facilities p") tt. ' Repair services �s) uu W. Retail trade -indoor display and sales only, except as provided in Section 7.00.00. Social services: (sss) (1) Individual & family social services (e3=9) (2) - Child care services (835) (3) Job•training and vocational rehabilitation services (m) xx. Veterinary services (ova) 3. Lot Size Requirements I Lot size requirements shall be in accordance with Section 7.04.00. Adopted August 1, 1990 119 ! Revised Through'08/01/00 I St:ctiori 3.01.03 Zoning District Use t•2eguiations . f r f 4. t�iritensional 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. Adult establishments subject to requirements of Sec. 7.10.10. (s49) b. Drinking places;(alcbhblic beverages) -free-standing, cselat c.: Disinfecting & pest control services. 0342 d. Amusement parks. &0%) e Go-cart.tracks. (7m) f. ' Hotels & motels: (701) g, Household goods warehousing and storage -mini warehouses (s") fi. Marina - recreational boats aniy. (4403) i. Motor vehicle repa'jrtery -,e.sw body repair. (153) Sporting and recreational catnips. 0632) �:... k. Retail trade: i (1) Liquor stores.,1�9?) k. Stadiums, arenas, and racetracks. (no I. Telecommunication towers -subject to the standards of Section 7:1023 tMt 8. Accessory Uses l Accessory uses are subject to the. requirements of Section 8.00.00, and includc -Ti a. Drinkingplaces (alcoholic beverages as an accessory use to a restaurant and/or civic, social, and fraternal organizations). b One single-family dwelling unit contained within the commercial building, or a detached single-family dwelling or mobile home, (for on -site security purposes): C. Retail trade: (1) Undistilled alcoholic beverages (accessory to retail sale of food). Adopted August 1, 1990 120, Revised Through 08/01/00 Q3 n O 0 w E Ocz N P E `C: cz U' r N P �t 14 P 3S 1} OW -a.araw�ou.r O flL AT W ---Now, ---awew�rs�nor- 1 � o J au.Siiao Z O.Otl Y.i>II O I U I - worr w.s OWN 39—dW�Otll i LLL " I 0►OY ,.wq MMY34 I W j 00 OIDH W301 in NI 8 O.W 03M Q_- Q�2-J ,vN1J Z S K L S St 1 S 9£ L KLNnoo 3380HO33AO Y K W u, Z O W CO as Ran jama Patel __: 500' boundary a a vtsto Boulevard W ac I 10. ac a a a Eoton's p<`�e ° e y� a s , a a a • e u ° WAG t N a ,, t • 9�7 , a a a Lc� ° a o° a • Princes a t t • a h I I• 99a e u .. a• • ( • s a • a e 7 Oyer Rood o`a . de Ct. e • Sonyon Drive s •e e C U 03-002 s This pattern indicates W Map prepared February 27, 2003 subject parcel the mep bm been OWVW k,oan•eiWWWV eb ieWe piaPoeea % le every seed bee been made to Pro/de rb mox aarW and W."a Hormalbn posgk* 4 Is M Handed Im U n a rosy bWAV donee M. \\ \\\ CRESCENT RESOURCES ? \\ \\\ \\ \\ LC � rlwr �z1.c �v PM&%VISTA \ \\ \\ CROSSING r PHASE I PHASE 11 97 N se 1 lal \\\ \\ M}}l���i �SfON - i f. uW dN a ijW i1: 70aolvs9l >ao 2iio km 0 faMVMN-Y.st1 llellrb ' -1 �. 1f C�OppEIt -.;{4 1/41{ iAA .191 EIJI M iM tt00 31a10 la�l'rYUr110.\\ p--[[����pp 1 11R10 1 10[7Y 100 �I Alp WO 1y,1p{ JO i1AI00 7.106 IM NfA too k I 71C 70[M lRC r a 0 U a VgV 00 7 7 q O nl M O v� w www U N N N h V' b I+1 h N N O O M 1� O O O O O O O O 01 N N N N N N N N N N N N 7 h kn O h kn fn O� T O, M O, O, O, 7 �t V M -I I�t 7 M M M M M M M �� zzzzzzz A z U ul r •- •- t O O h O O V 00 M In O 0 a N M h M O M IT [- m 1� O� O O � N V "I' 1 O M 00 1� M en n N M t h h O\ C Vl ul u Vl V1 h Vo ^ ^ h ol 7 7 M d' V t o -V N V) N* M M Cl) M M M r�i M M M O\ M M M U.wu2wwwr�w ur.u�,wU¢wE= a u'�a U N �U�pp W N O .0 N N N G d d O N p N N y IF0I� a 9 W 0.0= 14 m O O �„ Q3 AQ' O'00 y y N N N x N> C F oc`aA �_� oaQ 7 'cy M M M M M M M �•�¢ �¢'a'¢'A`¢a'.=ao�Qa A ,L « T T T > cd N F ,o O yyOO Q r. po �,rj F QA.00 O O O O O O O OOO OOOO 00 F y to A � y at td N G �yg >_ � ¢ w .+1 ¢¢ ... .,. ... 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C U., Sr a Cand.lad tki I.;" Ii dbi for a Uqv Sbr. 1m CG (Coww.�dd, C.n.l� ieiy DimN for dw fe[a.Mp dae96id propalji :: Sw 22 T...M,, 36 S&M Je.d6► �?P a0 9a1 Udf 121C Mm VNe CM Mp. Tmd.D Sod 40, Pa" 21 of 96 St. Web Ceaq I.bfB It . ,da L.uaok 7574 U. S. HV-w O r I - St W3f S. KISM Mop.Mb d FL UC is a Cl) ed Majd S* Moe % aRov IM mnpr.dbn of a 246.1,15 Sq.so.ba Con..Mi Ida MM ad [r mM..i.o'd � Ca4Ml Mebf4 M4 TIeN /er b fo0owbp d«abd papN.ie Tarull Its NGA 600.00 fd.d [r Se.RI 62S.30%d fRi 9" 655.00 Id of dr wd 70;001.r of dr SMA.d 1/4 d .,. Nalh..d 1/! d S.clb. i2 To--ft 35 Swill Rap..O Ead, St l.a. Ceudy, fbrlde. I— end ac Mon [I. ".* 40MW S" .1 tlw-SoA 63].00 f..t d [I. Eo.36M b.l d M Wd A15.00 Iw d.: Sowh-1/a d lb. N..h—i 1/4.1 S.dioe 37, T—shlp 35 swlle Reap. 40 Eat St Web C—*, fbrida. _ faal2 ..ry...—at—candy, fbrhb.- . Lacalbra 4170 S.h.t Reed ad 4190 $.IAt Reed PUBLIC HEARINGS vq b h.ld b Ce.Wdm n -'- topr Tai.a. Aa.n 2700 Vk,;We A— f d P.. fbrido en Morel 20, 2007, 6.pWlhq d 740/Mbr a .oen dw.allr w pou,Lla PUtSUANT TO B.S.286.010S, Plead. siIaRk If . ..run a.dd.. b .pp•al any d.dYe. ae& by bad ep.rcy, « eawWub..rMr Nlpd b,.q .ells -46 —dd 00 ,•^0 and h MdlwrM.e.o.ddW Iha.'.«balW r.oxdeprea�dq d� .Nd r.o.rd bchrd.. p,. bWwoey ar,d .adrw'.po. .Mel.r oppul b b W 6a..d MANNING AND ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA /S/ Ed Mwrn, CHMRMAN - T.bll.k Mad, 5, 2003 ' 26u926 3\S\o3 March 5, 2003 Page 2 SCHEDULED IMPROVEMENTS: TYPE OF CONCURRENCY DOCUMENT REQUIRED: None Certificate of Capacity. Petition: K & M Concrete File No.: CU-03-001 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. Whether the proposed conditional use is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed conditional use is not in conflict with any applicable portions of the St. Lucie County Land Development Code. Section 3.01.03(U)(7), IH (Industrial, High) Zoning District, allows establishments manufacturing concrete and concrete products as conditional uses. 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 site is located within an area designated for Heavy Industrial uses. Canal No. 101, having a right-of-way width of 107 feet, separates the agricultural residentially zoned property to the south from the subject property. Section 7.09.04(E) of the land development code requires that the property abutting this site to the south be buffered through the installation of an 8-foot high fence or wall and landscaping. A minimum of 60% of the required landscaping must be installed on the outside of the wall or fence with the remaining 40% being planted inside the fence or wall. The intent of this is to reduce any visual impacts from nonresidential uses on residential uses. 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 applicant has indicated on the site plan that they will be constructing/striping turn lanes from Selvitz Road into the subject property as part of this site plan approval. Selvitz Road in the vicinity of the subject parcel has a right-of-way of 100 feet. No additional right-of-way is necessary to meet the demands of this project. The project will be provided water and sewer services through an onsite well and septic system. March 5, 2003 Page 3 Petition: K & M Concrete File No.: CU-03-001 The applicant is required to submit for a consumptive use permit from the Department of Environmental Protection in order to withdraw water from the aquifer for the proposed facility. 4. Whether and the extent to which the proposed conditional use would result in significant adverse impacts on the natural environment; The proposed conditional use is not anticipated to create adverse impacts on the natural environment. The subject property was previously cleared and developed; no existing native vegetation is located on this site. As part of the site plan approval process, the applicant has agreed to bring the existing landscaping up to code. In addition, the proposed Concrete Batch Plant and Concrete Mixer must comply with all state' and federal regulations concerning its operation. STANDARDS FOR DEVELOPMENT/SITE PLAN REVIEW In addition to the minimum standards of review and project development set out in Section 7.00.00, Section 11.02.07, of the St. Lucie County Land Development Code identifies the minimum Standards of Review for all proposed Site Plans. These standards must be met in order for any site plan approvals to be considered. Staff has reviewed the request for Major Site Plan approval, utilizing these requirements and notes the following: A. CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN The proposed K & M Concrete Batch Plant and Concrete Mixer is consistent with the general purpose, goals, objectives and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County, and the proposed use complies with all additional standards imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the Code and Compiled Laws of St. Lucie County. The proposed K & M Concrete Batch Plant and Concrete Mixer is consistent with the general purpose, goals, objectives and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County. These Policy t.1.1.1 of the St. Lucie County Comprehensive Plan establishes the maximum lot coverage, for the industrial future land use designation, by structure as 40% - 50%. The proposed project is to be developed at a lot coverage by buildings as 2.7%. Therefore, the proposed project is consistent with this policy. Policy 1.1.8.5 of the St. Lucie County Comprehensive Plan requires effective visual and light diffusion barriers between residential and non-residential uses. The proposed project abuts vacant AR-1 (Agricultural Residential — 1 du/acre) zoned properties to the interfere with the development and use of neighboring property, in accordance with applicable district regulations. Staff would note that the subject property was previously cleared and developed and no native vegetation exists on the site. The applicant. through the site planning process is i i Section 3.01.03 Zoning District Use Regulations s t3i (c) Dolls, to games & sporting good21 (d) Pens, pencils .,'& other office & artists, materials. t395> (e) Costume jewelry, costume novelties, and motions. (ass) (f) Broom., artd'brushes. t3991 (g) Signs and advertising displays. t$sat k(h) Morticians,Qods. [3assl ! (P) Manufacturing industries, MIC. (aria) (18) Paper andaifledproducts; (a) Paperboard `' tairlers & boxes t g r (b) COnVerted paper & paperboard products t2srl f. Local & suburban transit tall Water transportation; (44) h Trainsportation services. tarp j L -Communicatlans..(as) j• Motor freight transportation & warehousing. t421 k, Motion; pictures; i Membership organisations tsm rt. Personal & business services. (rz) Research, development, and testing services. (en) o. Repair services: (1) Automotive &'automotive parking t75) (2) �lectr'toai ns2t- (3) Watch, clock &jewelry repair (real (4) Reupholstery $� furniture repair psay - ! (� (5) Mist. repairs &services pea) P. Retail trade: (1) Lumber & other building mateddis t521r _ (2) Palntr glass & wallpaper t� (3) Hardware (s25) (4) Nurseries, lawn& garden supplies tszsa ; (5) Mobile home dealers: 3. O Automotive/boat/RV/motorcycle dealers «s> (7) Gasoline service tssl (8) Furniture & furnishing$ (sr) q Telecommunication towers : subject to the standards of Section 7,10.23 t � r. Wholesale trade -durable goods: (1) Motor vehicle and automotive equipment. (so,) (2) Furniture and home furnishings. (so2) (3) Lumber and other building materials. (soa) (4) Professional & commercial equipment/supplies. (so4) (5) Metals & minerals, except petroleum. (sos) eOdGal-go^ue� w (7) Hardware, plumbing and heating equipment, and supplies, tso>>. (8) Machinery, equipment, and supplies, tsas> (9) Mise: Durable goods: (a) Sporting and recreational goods tsosil (b) Toys & hobby goods (sm) (c) Jewelry, watches,_precious stones & metals. (sm) ` (d) Durable goods NEC tsoe9> s. j Wholesale trade • nondurable goods: I - Adopted August 1, 1990. 126 Revised Through 08/01/00 I r } I Section 3 01.03 Zoning District Use Reguiations , s L f 5 (1) Paper and paper products-(5„„ (2) Drugs ts,2> . (3) Dry goods and apparel. (513) `(4) Groceries and related products. ts,ai (a) Farm ;products - raw; materials. (s,$) (6) Chemicals, and allied products. (516) O Beer, wine. and distilled alcoholic beverages. ts,ei (8) Misc. Nondurable Goods. - (a) Farm supplies js,y,1 (b) Books, periodicals, & newspapers s,92i (c) Flowers, nursery stock & florists, supplies (5163) (d) Tobacco/tobacco products ssa) (�) Paints, varnishes & supplies (51ee) (� Nondurable goods, NBC 1s1ss1 t. Mobile food vendors (ass) 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. OffstreetParking and Loading Requirements Offstreet parking and loading requirements are subject to Section7.06,00. 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. 7, Conditional Uses -a. Airport, landing and takeoff fields - general aviation. 4681) ! b. Manufacturing:. I ! (1) Paper & allied products tzsi (2) Chemicals & allied .products (2e) (3) Petroleum refining & related -products tzai (4) Stone, clay, glass & concrete: products (32) (5) Primary metai:industries (m) c: Natural or manufactured gas storage and distribution points. (492) d. Scrap, waste and land clearing and yardJrash recycling operations - subject to the provisions of Section 7.10.12: - - e Warehousing and storage services - stockyards. t999i f. Wholesale trade - nondurable goods: (1) Petroleum & petroleum products t999i I I Adopted August 1, 1990 127 Revised Through 08/01/00 Cn N QJ o oo I �J J p N 5 L P o 00 :2 N , Vs F i a yv� > N �0 0 r— St9I is IRUISI is d ARK o � a t irro'eouvr _ ttt A n ON �u a p W -}—, ON U Mom z o 1U o OWN w.a ' J -cc avow WW3 >r3" W • � OY v M10N i30 OD 0 tL-0 T'NI) z W n a: I 5 ►£ t 5 S£ t S 9£ 1 KLNno0 3380H033>10 v a.or v,J A Petition of K & Plan to allow the 9 Bandy a M Properties of FL, LLC construction of a 246;985 - 4 Boulevard s for a Conditional Use _,square foot Concrete and Major Site Batch Plant. 0 O LL N J P I) Pros erity Drive Conol No. 101 j i I i i CU 03-001 & M J S P 03-002 This pattern indicates subject parcel N.S.L.R.W.M.D. �«X Map prepared February 28, 2003 I� , my has � For Q rdplamft and Mereece Parpmu a*. N Mile every effort tm Eem made to provide me nett -A A end acanke mr Intoatim pomble. a I9 ace ime xW for use ee a WO* Wndhg deaeeere. TaERIMEM Properties of FL, LLC Prncnerity Drive n rr z n J Y I Canol No. 101 I H AR-1 C U 03-001 & MJ S P 03-002 This pattern indicates subject parcel Map prepared February 28. 2003 Ir" Wh.� 1. v Wd-f-- �. N WI& e.y ~ nn b— mmft ro au most c.n VW& ,* -d .c .. K & M Canal No. 101 IND RS Properties of FL, LLC CU 03-001 & MJSP 03-002 . ��7This pattern indicates n subject parcel G[ Map prepared February 28, 2003 ~M.b--m ft� ". ate K & M Properties of FL, LLC 9 Bondy Boulevard a a Y ------------1.26 ac 1.72 ac Nc- 1.72 ac 15.52 ac 1.39 ac i ' 1 Pros erit Drive. Q 1 1.68-aC 1 1 2.35` ac ' > i 1.45 t I Y A 1 ac 7 1 � r 1 1 1 r Canal No.:101 N.S.L.R.W.M`D. a 1 � 1 1 1 1 ' 1 1 357 ac 10.30 ac ' 1 1 ' 1 1 1 ' ' C U 03-001 & M J S P 03-002 This pattern indicates subject parcel r ----- 500' boundary Map prepared February 28, 2003 TM. V btl been WMW ,�,. ,,dpa.:� .m ,-W— a.P-. «�. N W, ~t-b--d, a t. � —.*" �e lamadono-Lb, t Inp6 w W.1d d /m u- - e Wotj bk,*V do -.* File No. CU-03-001 _ ,Fti Planning and Zoning Commission Review: 03/20/03 File Number CU-03-003 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Planning and Zoning Commission FROM: Planning Manager DATE: March 14, 2003 SUBJECT: Application of Rodney Hopkins for a Conditional Use Permit to allow the operation of a Hotel/Motel (Time Share) Operation in the CG (Commercial, General) Zoning District. (File No.: CU-03-003) LOCATION: 4891 North U.S. Highway No. 1 EXISTING ZONING: I (Institutional) PROPOSED ZONING: CG (Commercial, General) FUTURE LAND USE: COM (Commercial) PARCEL SIZE: 2.54 acres PROPOSED USE: Hotel/Motel Time Share SURROUNDING ZONING: CG (Commercial, General) to the north, south, east, and west. I (Institutional) Zoning is to the north. SURROUNDING LAND USES: The general existing use surrounding the property is vacant. There are some commercially developed properties in the area. The Future Land Use Classification of the surrounding area is COM (Commercial). FIRE/EMS PROTECTION: - Station #7 (4900 Ft. Pierce Boulevard), is located approximately 4 miles to the west. UTILITY SERVICE: Water and sewer facilities are provided by an on -site well and septic system. ` I f March 14, 2003 Subject: Rodney Hopkins Page 2 File No,: CU-03-003 TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: ' The existing right-of-way for North U.S. Highway No. 200, feet, SCHEDULED IMPROVEMENTS: None. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity ; STANDARDS OF REVIEW ASSET 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 C Commission shall consider and make the :following determinations: 1. Whether the proposed conditionaluse is in conflict with any applicable portions of"the St. Lucie County Land Development Code; The proposed conditional use is not in conflict with any applicable portions of the St. Lucie County Land ` Development Code. Section 3:01.03(S)(7), 'CG (Commercial, :General) Zoning ';District, allows hotel/motels (time shares)' as conditional uses 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 proposetl conditional use is not expected to adversely impact. the surrounding properties. I 3. Whether and the extent to which the proposed conditional use would be served by adequate public facilities and services, including roads, police "water, protection, solid waste disposal, 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 -existing development has water and sewer service provided by an on -site well and septic system. Traffic capacity levels for this area are sufficient for the intended use. The previous use of the subject property for a hotel/motel was taken into consideration when calculating the Level of Service for North, U.S. Highway No. 1. The resumption of the hotel/motel is not expected to add additional traffic to the roadway network. The purpose of this district is to provide and protect and environment suitable for institutional, public, and quasi -public uses, together with such other uses as may be compatible with institutional, public, and quasi -public surroundings. The: number in "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 Section 7,10.07. (m) b. Family day care homes. (9o) C. Family residential homes provided that such homes shalII 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. (99s) e. Parks. (999) f. Police & fire protection (9221,92224) g. Recreational activities: (999) h. Religious organizations (ew) 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04,00. 4. 5. 6. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. Off-street Parking and Loading Requirements Off-street parking and loading requirements are subject to Section 7.06.00. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. Cnaditional-Uses a. Amphitheaters. (99s) , b. Cemeteries. t65531 C. Membership organizations test d. Correctional institutions. (9223) e. Cultural activities and nature exhibitions. (999) f. Educational services and facilities (ee) g. Executive, legislative, and judicial functions. (91,92,93.94,95,96,97) Adopted August 1, 1990 132 Revised Through 08/01/00 Accessory uses are suotect to the requirements of Section twu.vu, ana inauae the ronowing: 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.) C. Funeral and crematory services. (726) d. Heliport landing/takeoff pads. t999> e. Detached single-family dwelling unit or mobile home, for -on -site security purposes. (999) f. Residence halls or dormitories. (999) Adopted August 1, 1990 133 Revised Through 08/01/00 Section 3.01.03 Zoning District Use Regulations 1 S. CG COMMERCIAL, GENERAL 1. 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 (eas) d. Amusements & recreation services -except stadiums,arenas, race tracks, amusement parks and bingo parlors (79) e. Apparel & accessory stores (se) f. Automobile dealers (se) g. Automotive rental, repairs & serv. (except body repairs) 1751.753.754) h. C Beauty and barber services n231iV) i. Building materials, hardware and garden supply (52) t (� j. Cleaning services 7349) k. Commercial printing (ens) I. Communications - except towers (ae) M. Computer programming, data processing & other computer serv. (737) n. Contract construction serv. (office & interior storage only) t,s(1e„7) o. Cultural activities and nature exhibitions (ees) p. Duplicating, mailing, commercial art/photo. & stenog. serv. (/33) q. Eating places (591) r. Educational services - except public schools (at) S. Engineering, accounting, research, management & related services (e7) t. Equipment rental and leasing services (73s) U. Executive, legislative, and judicial functions (9,19z/93mi9s*6n7) V. Farm labor and management services (ope) W. Financial, insurance, and real estate (e0/e1MA3/e4/6%7) X. Food stores (sa) y. Funeral and crematory services (7ze) Z. Gasoline service stations (ssa,) - - -- -- aa. General -merchandise -stores (53) bb. Health services (eo) cc. Home furniture and furnishings (57) dd. Landscape & horticultural services (ope) 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 (ee) i gg. Miscellaneous retail (see SIC Code Major Group 59): (1) Drug stores (59,) Adopted August 1, 1990 118 Revised Through 08/01/00 Section 3.01.03 Zoning District Use Regulations (2) Used merchandise stores (s93) (3) Sporting goods (5941) (4) 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 (594e) (10) Fabric and mill products (s949) (11) Catalog, mail order and direct selling (5961/5963) (12) Liquified petroleum gas (propane) (sm) (13) Florists (5992) _ (14) Tobacco (5993) (15) News dealers/newsstands (5994) (16) Optical goods (5995) (17) Misc. retail (See SIC Code for specific uses) (5999) hh. Miscellaneous personal services (see SIC Code Major Group72): (1) Tax return services (7291) (2) Misc. retail (See SIC Code for specific uses) (7299) ii. Miscellaneous business services (see SIC Code Major Group 73): (1) Detective, guard and armored car services (7391) (2) Security system services (73e2) (3) News syndicate (7393) (4) Photofinishing laboratories (73u) (5) Business services - misc. (7389) jj. Mobile home dealers (527) kk. Mobile food vendors (eating places, fruits & vegetables -retail) (999) if. Motion pictures (7e) mm. Motor vehicle parking - commercial parking & vehicle storage. (752) nn. Museums, galleries and gardens (e4) oo. Personnel supply services (736) pp. Photo finishing services (7384) qq. Photographic services (722) rr. Postal services (43) ss. Recreation facilities (999) ft. Repair services (7e) 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 (e32M39) (2) Child care services (e35) (3) Job training and vocational rehabilitation services (e33) xx. Veterinary services (074) 3. 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 Section 3.01.03 Zoning District Use Regulations 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. Adult establishments subject to requirements of Sec. 7.10.10. tss9) b. Drinking places (alcoholic beverages) - free-standing. (5813) C. Disinfecting & pest control services. (7342 d. Amusement parks. (799s) e. Go-cart tracks. (7999) f. Hotels & motels. (m) g. Household goods warehousing and storage -mini -warehouses (999) h. Marina - recreational boats only. (4493) i. Motor vehicle repair services - body repair. (753) j. Sporting and recreational camps. (7032) k. Retail trade: (1) Liquor stores. (s92) k. Stadiums, arenas, and race tracks. (794) 1. Telecommunication towers - subject to the standards of Section 7.10.23 t999) 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and include the a. Drinking places (alcoholic beverages as an accessory use to a restaurant and/or civic, social, and fraternal organizations). b. One single-family dwelling unit contained within the commercial building, or a detached single-family dwelling or mobile home, (for on -site security purposes). C. Retail trade: (1) Undistilled alcoholic beverages (accessory to retail sale of food). Adopted August 1, 1990 120 Revised Through 08/01/00 A Petition of Rodney Hopkins for a Conditional Use Permit to allow for a HoteVMotel q / q G N ! ! 2 ! s s s \ ! s ! s Del Mundo Street � q rt� r r V�11 CU 03-003 4~41 G4 _�. This pattern indicates Map prepared February 25, 2003 subject parcel This met, has been corn fled for general planning and reference purposes only. ' T While every effort has been made to provide the most current and accurate 1\`J' information possible, it is not intended for use as a legally binding document. RnHnax/ NnrJkinS O� J97 4— Del Monte IL C U 03-003 This pattern indicates subject parcel o� Street L G N J i i ! i i \ D i , Del Mundo - Street T\\ r Map prepared February 25, 2003 This map has been compiled for general planning and reference purposes only. ' T While every effort has been made to provide the most anent and accurate l�vl information possible, it Is not intended for use as a legally binding document. i I i I, Land Use � ro z oG^ 1 ll C MXD Airport Rodney Hopkins zti 0 i D Indrio Rood . C . p In 71 o J I J 0 Del Monte et c > > !- _ ) \ c s c s \ c s c s Del Mundo Street CU 03-003 .- This pattern indicates Map prepared February 25, 2003 subject parcel This map has been ooffoW for general planning and reference purposes only. ' T While every effort has been made to provide the most ounent end accurate 11\v' j Info—mOon possible. II is not Intended for use as a legally binding document. q" yr �^ r 3q�F •'•"<� r"T:• c � �'-tom -�'.✓• r��p ��� 3•� a5 a+��,. er a` 44 rZI r {a; Moz ;;i°a� '�f !�A''����('' �"4. £ $` "v9 F 4. `f� a a, r,•a i i ..A`ys.�,�''r'x:..��'dr gR* #"rw' r 3+. , a � ,� � �# � -➢^ "� � d. VIA, b# �' B Fe 'Rf- S R� b y �._ ` 3» 3 � S, .,� `� � .4 °� � a `� s �� ap �". 5 � � '��"" P ✓ '1'�:( ait P r a t '. a arip__t �:,���•§. i-G'��� r§� yr%` d �tig - 7 5 us 's°' ✓ F s3 A4 r ai`� h �£ K" / � a'; 1r z'ti•' ; �� Y R "�' > > s`b< -s Y ,. ryf" 2�# a d `` g w, t••. � f`i°m$•f ii� °w s�,�, a � kd A � �i.� f � i .r%` �£°`, � � �a s " f � �a o 1� � � �� e �R t�� � 'pis r 'PM � AIX�- X� sd3 :��`•- 'xa s� � � ,� °"z T �� }'�r �j 4 f ,.A xc ��`� °� Y i t ,�K r -% ,ser t d 7' J '�' � A' °�1 i'�1�@} £pOn .. r � -A S_#,� gf' * 04 �'.�` K as #1 `-r# fib. g y �. �,e�r fi�� �, s � � e 2 � �. �`� x �,�* cad- ✓ ��t - a€ ¢ Al r ?+ s 3' rw 0 Btu aaa a y�H "� �y{' � .. � t - r r' ✓ P 4 3 '�' e 2'wy '# ram, y m 1 a .. 1'�'�i� ai .n�4�.^'M"i x s, ! 'r q'ry t' �` _y :. 3388 v rt t x ✓Nfi r I r Rodney H o ki n s= 500' boundary io ------------ ---------♦ o 1 ♦ o, 1 ♦ o 1 ♦ � 1 5.24 ac ♦ °�, 9.76 ac � ♦ a o G ♦ o 1 1.71 ac 3 %P 1 ac ♦ y o S ♦ �� o 1 ♦ i ac 7.24 ac o 5.80 ac 1 5.06 ac 1 1 I ♦ 0.83 I ♦♦ I , 1 ac ---------- ThaR6--FW"aU-------------------- ! t 71 06 a J O 1 ! � J • J T f ) f \ r t T I O a f t 3 \ 65 �� S O Del Monte Street L I , CU 03-003 This pattern indicates subject parcel G I J J J t J a Del Mundo Street Map prepared February 25, 2003 W& every ~ has been made to pm We the food asr" and a =09 ktortn~ poesbK kb not kserKW forum as a bg* hkdip doawwt BOARD OF COUNTY COMMISSIONERS March 4, 2003 COMMUNITY Ln DEVELOPMENT DIRECTOR 1OR10 In accordance with the St. Lucie County Land Development Code, you are hereby advised that RODNEY HOPKINS, has petitioned St. Lucie County for a Conditional Use Permit to allow for the operation of a Hotel/Motel (Timeshare) in the CG (Commercial, General) Zoning District for the following described property: Location: 4891 North U.S. Highway No.1. 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 March 20, 2003, 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 (772) 462- 1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above -described parcel, please forward this notice to the new owner—P_lease-call-772/462-158Z-if-you-have-any-questions,, and -refer to:]ffl—eNu—mber U Sincerely, ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION Ed Merritt, 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, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue • Fort Pierce, FL 34982-5652 Administration: (772) 462-1590 • Planning: (772) 462-2822 GI5/Technical Services: (772) 462-1553 Economic Development: (772) 462-1550 Fax: (772) 462-1581 Tourist/Convention: (772) 462-1529 • Fox: (772) 462-2132 www.co.st-lucie.fl.us got I i - i!v'v Mto IUjT. .jam � '0I - lN,OjClip - y �.. ..,..�...� �.�.._ 2. -J- - _I i Nj Nf o o j o 0 Oft it i a r� 1� �r -QOI.ki OO I) fl x } F. 1 i,�f VII a� tiZ I i C^100.Q� irdt�.�Iolo#o fr'Yo' Qi� tl�'Vlo jN N�N N, a N;I. �.. 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So A 453.50 f.d of the Ead 365.00 I..t d M. W.d 415.001W d tM Seulwwad 1/4 a tM N.&— 1/4 d S-d 32 Ta.NNp 35 Sou11, Renp. 40 Emp St. Lu CCo,*.HaWa . , lazebd 4170 S.Iwu Road ad.1905ddN Rood. PUBLIC HEARINGS will b. h.W Rt CaadWon CMdbwk Roo. P.W. M i 2300 Vr5'Wa A— Fad P1wop F�on M-h 2003, bgkwinp at 7D0 M1or m M.—Fim pouMiw PURSUANT TO S.diw 286.0105, Had" AW,01 y If a I— dada b appml any dWpoo we& by a bond, .r.d dd a wMi ttbn ..Bh rupq b.my �o11.t epaid� i n0ahsodnp,Mwill n«darsoord'd Iles �, «sow. Ma a ..awa� rmrd d M �Y e•d �6 ''j4f preddwpt U iw:Od., w4ddt road kskd.. M. latia.atvy and Mdmu'apeb - wiihhbopp.a hro Mbmd. 1 PLANNING AND ZONING COMMISSION ST. IUCIE COUNTY, FLORIDA /S/Ed Mwrw,CHAIRMAN - PWIA Mach S. 2003 ; 3 - 2644926 • 1 '�g ".. s TN: March 14,�200 � y Subject= Rodne Hopkins `( Pagel F3Z=03'-0 b, r(", g - FIRE/EMS PROTECTION: Station #7 (49bq Ft Pierce Boulevard, js located approximately 4 rtmiles to the wesfi. t 1 f UTILITY.SERVICE: Water and sewer facilities are provided by an oil -site .jnrell and septic system: TRANSPORTATION IMPACTS -RIGHT-OF-WAY ADEQUACY: The existing right of:way'for North U.S. Highway No. 1 is� 200 'feet. SCHEDULED; IMPROVEMENTS: None. TYPE OF CONCURRENCY DOCUMENT REQUIRED: - Concurrency Deferral Affidavit. STANDARDS OPREVIEW AS SET FORTH IN SECTION 11:06M, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application -for proposed . rezoning, the Planning and Zoning , t Commission shall consider and make the following determinations; 1i Whether the proposed rezoning is In,conflict with any applicable portions . of lhetSt. LucWCounty Land Development :Code; The proposed zoning district is consistent with the St. ' Lucie County Land Development Code and specifically has met the standards of 11.06.b3; 2. Whether the;proposed amendment is. consistent with all elements <of'the St. Lucie County Comprehensive Plan; ` The applicant is requesting a change in zoning from the I (Institutional) Zoning; District'to the CG (Commercial, General) Zoning District. The area in which the - subject.:propeety is located Is designated COW (Commercial) on the future land use map of the Comprehensive Pla The proposed change in zoning is' -consistent with all elements of the St. Lucie - County Comprehensive Plan.- - The COM (Commercial) Future Land Use. classification allows lands within it to be designated \with CG (Commercial, General) Zoning. March 14, 2003 Subject: Rodney Hopkins Page 3 RZ-03-006 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed CG (Commercial, General) Zoning is consistent with the existing and proposed commercial uses in the area. 4. Whether there have been changed conditions that require an amendment; Conditions have not changed so as to require an amendment. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The intended use for this rezoning is not expected to create significant additional demands on any public facilities in this area. Any development will need to demonstrate that there are adequate public facilities in the area to support opening of a hotel/motel/time-share use in existing buildings would not necessarily trigger further review. In this case, a conditional use permit is required and is presented in an accompanying petition. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. The site is currently developed. Any further development will be required to comply with all state and local environmental regulations. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; The proposed amendment would result in an orderly and logical development pattern. 8. hether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment may not be in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. March 14, 2003 Page 4 COMMENTS Subject: Rodney Hopkins RZ-03-006 The petitioner, Rodney Hopkins, has requested this change in zoning from the CG (Commercial, General) Zoning District to the I (Institutional) Zoning District on property located at 4891 North U.S. Highway No. 1 in order to establish a Hotel/Motel (Time Share) on the subject property. Hotel/Motels are allowed as conditional uses upon the approval of the Board of County Commissioners. Attached is a copy of Section 3.01.03(S) — CG (Commercial, General), of the St. Lucie County Land Development Code, which delineate the permitted, accessory, and conditional uses allowed in these zoning districts. If a change in zoning is approved, the applicant, by right, would be allowed to establish any of the uses under the Permitted Uses section. Any use under the Accessory Uses section would be allowed only if one or more of the permitted uses exist on the subject property. Any use under the Conditional Uses section could only be allowed if it first receives approval through the Board of County Commissioners. This petition for CG (Commercial, General) Zoning is intended to return the property to a designation consistent with others in the area. The property was rezoned to I (Institutional) in October 2002 in order to allow for an ACLF (Adult Congregate Living Facility). The applicant's plans have changed. He now wishes to go back to the hotel/motel/time-share use. Reinstating this use requires conditional use approval. A petition for the conditional use permit will be presented at the same meeting. Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is not -in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff is, therefore, recommending that this Board forward a recommendation of approval to Board of County Commissioners. Please contact this office if you have any questions on this matter. Attachment hf cc: County Administrator County Attorney Rodney Hopkins File Suggested motion to recommend approval/denial of this requested change in zoning. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF RODNEY HOPKINS, FOR A CHANGE IN ZONING FROM THE I (INSTITUTIONAL) ZONING DISTRICT TO THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT, BECAUSE .... [CITE REASON[S] WHY - PLEASE BE SPECIFIC]. MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, 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 RODNEY HOPKINS, FOR A CHANGE IN ZONING FROM THE I (INSTITUTIONAL) ZONING DISTRICT TO THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT,BE-CAILSE._._. --- [CITE REASON[S] WHY - PLEASE BE SPECIFIC]. X. 1 2 3. 4. 5. 6. Section 3.01.03 Zoning District Use Regulations I INSTITUTIONAL Purpose The purpose of this district is to provide and protect and environment suitable for institutional, public, and quasi -public uses, together with such other uses as may be compatible with institutional, public, and quasi -public surroundings. The number in "()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. Permitted Uses a. Community residential homes subject to the provisions of Section 7.10.07. (999) b. Family day care homes. (999) C. Family residential homes provided that such homes shall not be located within a radius of one thousand (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. (999) d. Institutional residential homes. (999) e. Parks. (999) f. Police & fire protection (9221.9224) g. Recreational activities. (999) h. Religious organizations (66s) Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. Off-street Parking and Loading Requirements Off-street parking and loading requirements are subject to Section 7.06.00. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. a. Amphitheaters. (999) b. Cemeteries. (6553) C. Membership organizations (86) d. Correctional institutions. (9223) e. Cultural activities and nature exhibitions. (999) f. Educational services and facilities (82) g. Executive, legislative, and judicial functions. (91,92,93.94,95,96,97) Adopted August 1. 1990 132 Revised Through 08/01/00 Section 3.01.03 Zoning District Use Regulations h. Fairgrounds. (m) i. Funeral and crematory services. (726) j. Theaters. (m) k. Medical and other health services. (w) I. Postal service. (43) M. Residential care facilities for serious or habitual juvenile offenders. (M) n. Social services (83) o. Sporting and recreational camps (rw2) P. Stadiums, arenas, race tracks (tea) q. Telecommunication towers - subject to the standards of Section 7.10.23 ("g) 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Drinking places (alcoholic beverages related to civic, social, and fraternal uses). (M) b. Restaurants. (Including the sale of alcoholic beverages for on -premises consumption only.) (999) C. Funeral and crematory services. (M) d. Heliport landingitakeoff pads. (age) e. Detached single-family dwelling unit or mobile home, for on -site security purposes. (go) f. Residence halls or dormitories. (m) L Adopted August 1, 1990 133 Revised Through 08/01/00 3. Section 3.01.03 Zoning District Use Regulations (2) Used merchandise stores (s93) (3) Sporting goods (594,) (4) Book & stationary (594Z5943) (5) Jewelry (5944) -. (6) Hobby, toy and games (%45) (7) Camera & photographic supplies (5946) (8) Gifts, novelty and souvenir (5947) (9) Luggage & leather goods (s94s) (10) Fabric and mill products (5949) (11) Catalog, mail order and direct selling (598115%3) (12) Liquified petroleum gas (propane) (sseq (13) Florists (s992) (14) Tobacco (5993) (15) News dealers/newsstands (5994) (16) Optical. goods (s995) (17) Misc. retail (See SIC Code for specific uses) (s999) hh. Miscellaneous personal services (see SIC Code Major Group 72): (1) Tax return services (r29,) (2) Misc. retail (See SIC Code for specific uses) (7m) ii. Miscellaneous business services (see SIC Code Major Group 73): (1) Detective, guard and armored car services owo (2) Security system services (7-w) (3) News syndicate (73m) (4) Photofinishing laboratories (rasa) (5) Business services - misc. (r3sg) jj. Mobile home dealers (527) kk. Mobile food vendors (eating places, fruits & vegetables -retail) (999) II. Motion pictures (78) mm. Motor vehicle parking - commercial parking & vehicle storage. (752) nn. Museums, galleries and gardens (so oo. Personnel supply services (n6) pp. Photo finishing services rmm) qq. Photographic services (172) IT. Postal services (43) ss. Recreation facilities (999) tt. Repair services (m) 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 (e3 A39) (2) Child care services (m) (3) Job training and vocational rehabilitation services (an) - - ww. Travel agencies-(4n4) xx. Veterinary services (074) 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 Section 3.01.03 Zoning District Use Regulations 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. Adult establishments subject to requirements of Sec. 7.10.10. t9991 b. Drinking places (alcoholic beverages) - free-standing. (5813) C. Disinfecting & pest control services. V342 d. Amusement parks. (7ass) e. Go-cart tracks. (7999) f. Hotels & motels. (7oi) g. Household goods warehousing and storage -mini -warehouses (eas) h. Marina - recreational boats only. (4493) i. Motor vehicle repair services - body repair. ps3i J. Sporting and recreational camps. po32i /{ k. Retail trade: `:... (1) Liquor stores.1s921 k. Stadiums, arenas, and race tracks. p941 I. Telecommunication towers - subject to the standards of Section 7.10.23 (s99} 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and include: the a. Drinking places (alcoholic beverages as an accessory use to a restaurant and/or civic, social, and fraternal organizations). b. One single-family dwelling unit contained within the commercial building, or a detached single-family dwelling or mobile home, (for on -site security purposes). C. Retail trade: (1) Undistilled alcoholic beverages (accessory to retail sale of food). Adopted August 1, 1990 120 Revised Through 08/01/00 :Zoning Rodney Hopkins �o ra goo a AG--S 0 RS--2 C 0 0 0 G oa s y ,off ; o• f 1 r' o � I f I 1 indrio Rood o . i .\ , ' 9 _ r ♦ 4 r ♦ � t ♦ r 9 .p 0 Del Monte Street c I G �- ! . ! , • _ , Del Mundo Street RZ 03-006 G[S. This pattern indicates Map prepared February 25, 2003 subject parcel This map has beet, mewled brgenaralpl mwV and mfwenoe purposes e^N: While every effort has been made to provide the most a eM and accurate information possible. 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HOARD OF COUNTY COMMISSIONERS March 4, 2003 JLT COG N COMMUNITY DEVELOPMENT DIRECTOR �ORlpp" - In accordance with the St. Lucie County Land Development Code, you are hereby advised that RODNEY HOPKINS, has petitioned St. Lucie County for a Change in Zoning from the I (Institutional) Zoning District to the CG (Commercial, General) Zoning District for the following described property: Location: 4891 North U.S. Highway No.1. 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 March 20, 2003, 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 (772) 462- 1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above -described parcel, please forward this notice to the new owner. Please ca11772/462-I582 if you have any questions, and refer to, -File Number-RZ-03-006. Sincerely, ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION Ed Merritt, 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, District Nc. County Administrotor - Douglas M. Anderson 2300 Virginia Avenue • Fort Pierce, FL 34982-5652 Administration: (772) 462-1590 • Planning: (772) 462-2822 GI5lfechnical Services: (772) 462-1553 Economic Development: (772) 462-1550 Fox: (772) 462-1581 Tourist/Convention: (772) 462-1529 • Fax: (772) 462-2132 www.co.st-lude.fLus TOMMOMRMATCOwfm NOTICE I, 1—by P'M IIm42dp. Sl WMC—T., •0.4vr ," ad M f'•+YII•• d M k tr Cwfy GYlrha ?6- M fw6"V .PPR—, Aa .a..e4, wd M it taw C -v f1...W1 art Z, Ce.�.Ir4r • I. CN —t /.bra S-- iar a O+.�r�a�2aSp^� M CL K«...abl OMc4 Zeiy W4 a M CO Ka+rdd Gw.eo Ze.:q p:wia a M 1e11e.M0 . d..as.ay.l.rr Nw fet• Iba1$4. w 1, OR Fad AIl, lap. 2241 /xanx SaA...ac— .1 M 1d.ra.law d R.- Vxb bW.«d W A.we 2 fed..y NapD.. b, • CYr.p. w irp tr.. M 1 'II[ ' � N.ndl«.0 Zadp O+r.N b M CG K..�.aIIF Cfw 1 «e0 iadq DlMb ar MlaM..ap d«.w{n.r«M FF tgl.Jrp N . fo1N .. 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I KAN WNG AND ZONING COMMISSION ST lr COUNTY, fIONDA /S/Ed .ril, ClWfA4W 264412- MwtA; 700] ' 2duna 3�so3 < i# Planning and Zoning Commission Review: 03/20/03 File Number RZ-03-005 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Planning and Zoning Commission FROM: Planning Manager V DATE: March 14, 2003 SUBJECT: Application of Chito and Maria Sarker for a Change in Zoning from the CO (Commercial, Office) Zoning District to the CG (Commercial, General) Zoning District. (File No.: RZ-03-005) LOCATION: Southeast corner of the intersection of Prima Vista Boulevard and Airoso Boulevard. EXISTING ZONING: CO (Commercial, Office) PROPOSED ZONING: CG (Commercial, General) Amended to CN (Commercial, Neighborhood) by applicant FUTURE LAND USE: COM (Commercial) PARCEL SIZE: 0.4 acre PROPOSED USE: Restaurant PERMITTED USES: Attachment "A" - Section 3.01.03(Q) CN (Commercial, Neighborhood) - contains the designated uses, which are permitted by right, permitted as an accessory use, or permitted through the conditional use process. Any use designated as a "Conditional Use" is required to undergo further review and approvals. Any use not found within the zoning district regulations are designated as prohibited uses for that district SURROUNDING ZONING: -RS-4 (Residential, Single -Family — 4 du/acre) to the south, north, and east. CO (Commercial, Office) Zoning is located directly to the south and on the northeast corner of Prima Vista Boulevard and Airoso Boulevard. CN (Commercial, Neighborhood) is located across Airoso Boulevard on the corner. PNRD (Planned Non -Residential Development — Met Mart) Zoning is located to the north �7. IVORY , IT plot, w,,O 1 TOOK TV ASIA Suggested motion to recommend approval/denial of this requested change in zoning. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF CHITO AND MARIA SARKAR, FOR A CHANGE IN ZONING FROM THE CO (COMMERCIAL, OFFICE) ZONING DISTRICT TO THE CN (COMMERCIAL, NEIGHBORHOOD) ZONING DISTRICT, BECAUSE.... [CITE REASON[S] WHY - PLEASE BE SPECIFIC]. MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, 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 CHITO AND MARIA SARKAR, FOR A CHANGE IN ZONING FROM THE CO (COMMERCIAL, OFFICE) ZONING DISTRICT TO THE CN DISTRICT, BECAUSE.... ERCIAL, _NEIGHBORHOOD) ZONING [CITE REASON[S] WHY - PLEASE BE SPECIFIC]. Section 3.01.03 Zoning District Use Regulations 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. Car Washes (Self Service Only) - subject to the provisions of Section 7.10.22. (eas) b. Day care - adult (8322) - child (8351) C. Postal services. (4311) d. Retail trade: (1) Gasoline services - accessory to retail food stores under SIC-5411. (ees) (2) Undistilled alcoholic beverages accessory to retail sale of food. (5e21 -Except forvww) e. Telecommunication towers - subject to the standards of Section 7.10.23 (ees) 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00 and include the following: a. Drinking places (undistilled alcoholic beverages) accessory to an eating place. (ees) b. One dwelling unit contained within the commercial building, for on -site security purposes. (see) Adopted August 1, 1990 115 Revised Through 08/01/00 4 �imehsional Regul 'dohs s K � Qirtmensio sbajlbean aA—k Al- Aeeti�ri 5 dff street Parking and Loading �tequirements ' `R k dq�atreet parktn�, and loading requirements are s�btect to Section :706;b0. 6 I-ano$oing acquirements i landsCapih requirements are ubjeGt to $ectibn 7.00,00. ,. z AdopiedAugust1,1J9D .. 118. Revised broUgh.08/011M. 1 C 4} tt p j- _ 3 �# I } Y l jm t Adopted August'1, 1s$0 117 RQ—sed Through 00/01/00 f A Petition of Chito and Maria Sarkar for a Change in Zoning from the CO (Commercial, Office) Zoning District to the CG (Commercial, General) Zoning District. - - T 6 LLJ 2 0 Solido Drive " - o O ! z J I 5 6 1"Tal9l'ol H C) Droinoge Easement ! JB XJ6 55 34 JJ 32 . Y X 29 ZB ^ s �,.- le , D ■ Prima Vista Boulevard I tt 11 19 �!B !7 !6 15 a !J 12 a` I I I M i l z 20 t 2e 3 z 27 4 22 23 26 � N E 6 N 2I 25 O w m B ! a � 9 O � z !z AD O t J !J 0 Q !! 4/ !2 5 15 ! 6 AS 15 ralno9e Right-of-Woy .RZ 03-005 Fz///M This pattern indicates subject parcel - This pattern indicates City of Port St. Lucie 29 1 X 1 J! 1 J2 1 JJ I —J* 1 35 1 J6 Soloz Avenue !z a 1,01 9 8 1 7 6 59 w 1 ff A Bonito Court 52INIR87!J El Sito Court mmmm00© -53..I--/1_I !I I 7 Costono Court !z p p 9 B 7 9 !9 Map prepared February 24, 2003 RN mop nn bW mnpea IXn 810-9 rb rewaw. PAv 0*- 1 V MomWbn p..0 , 4 "s ra "..W Im — .. Wg* W.*V CoaO�bM. Zoning Chito and Maria Sarkar 6 LLI 0 PN L > _N 0 m 0 0 L- E 0 /3 5 6 � B 9 1 p Ae o`oo 4 O� J I2 Solida Drive : Prima Vista Boulevard J Ui 10 DraInoge ,s p _ Right -of -Way f l 16 RZ 03-005 L _N D 0 m 0 0 L 0 C I er 23 25 This pattern indicates subject parcel This pattern indicates City of Port St. Lucie 24 1 25 / I p 2 3 4 a I JO I J/ I J2 I 5.11 J* 1 35 1 36 Soloz Avenue /2 n p 91 6 T 6 IJ Bonito Court n 1 0 9 6 7 6 /3'T41is1161ffIAg119 re sNEOSHO, Costono Court � nn 9 7 GIS,. Map prepared February24, 2003 ,t h. � 6.�d-"111 11 �I* N RNt —, tW nm oten neat a 9—id. "s mat--K" aoa tameaito toast.. k a n ttVOW for a m a Wg* bt tv do--t. '� a zz 3+k"''. �✓ z' s •' 4 i� .rW { 7 °•Vn� � i`+ar,{- rx""}bSo 'l� '",! .i•r rx,1, } .-'TTI'F�`�+'�t� a i r a t m '�, ar ,S ,� '°'# 'Fk ,�✓+ `� �'` , �"�3 ""z<`.y� €A,b'lY}�J,��J'���.2� ��4�i••�� � �J � �� m 4 `���x ti �Z�. �� . my "a � 1� x�t'. �ii ° �' sa< a � � �1'.�► '�? �.�t;, t ��Ss 1 "a Y ,�Y �sta Jfu ;+.dA`,a-'+.� '`.'d„rA X:zw�ffi,3.. -S •'1 °i ``yti "4 $�• t T?�;> ,°'�a x^� -r.; ''eg i�"i �' �as� Y R .k { �„ p�q� • . y£`" • i ,,��,m a§ 6 €1 Fri W"- ��f °•i : cam' k 't.`,., r, - s: y 7 sax s i �v �` �s ay s` f i t ,�,r��a��t� ,�.`; �r+,«�,.��;��x.�g.:d� a c a• � � � .�,�®�ia,_�„ a�.� �` �.3 1MGsP ski .7 ,r q 3 �',j�xi��4�;' r$x,f I ;'� �`r ��i ; rax_- `�..' .•,; ;��,E��¢' `�� �.i ,�.'�Y�,�, z, i. 3,a ...a -���� �3 ea�Rf4t'•x ''� «. 1r � f ,..,� a� �. � G.,i • W . z. e � � ,..vg; �. 5 z%� �' , z:,- ``as. ;»�> � �, �w>? r -:,, a 1 4 ' v ���� � . ";,y" � �� �` �a '. pt4pm� s q� v 1� h � - .:$ iRJ: i a� •.. 1 € r .. i , $ '��"� � J • r. ki tv ''..#�`-� I p 4yfi d35 F r r a •` 3� 9 e +4'!'.i.�.%v.... r a 4 �..t d i?,' § t yr a;4 .�.. v a t [ ' •`r �..a�n r.a�n5� � �� seei r+ w ML 1 (ry 6 ; s • 3� # y a. g it ems' �s i y ' it a�� "`i) } "� K' �'�n"= � �� $ a � s:�s. � .* ,� , � x t � 1 5 s �� Y {u �� � �••r a !'e, �; a �a F n - r 'tk °�'�"x a•�}z� � ����� � pY rc �a� � `a`d f i`. vi '+� b k 3 Y-G,ty"v'; f l L �„ z�4 '',. + �*P aaa:�^s r°'•„� j P S � n, �Y� PrIll 7,� �7 e D A F ; €� J'• '^�' BOARD OF COUNTY COMMISSIONERS March 4, 2003 h COMMUNITY DEVELOPMENT DIRECTOR �ORIOQ' In accordance with the St. Lucie County Land Development Code, you are hereby advised that CHITO & MARIA SARKAR, has petitioned St. Lucie County for a Change in Zoning from the CO (Commercial Office) Zoning District to the CG (Commercial General) Zoning District for the following described property: Location: Southwest corner of the intersection of Prima Vista Boulevard and Airoso Boulevard. - 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 March 20, 2003, 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 (772) 462- 1777 or T.D.D. (772) 462-1428. If -you -no -longer own property adjacent to the above -described parcel, please forward this notice to the new owner. Please call 7721462-1582 if you have any questions, and refer to: File Number RZ-03-005. Sincerely, ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION JOHN D. BRUW Di,,ei 1 t. i haDOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 • FRANNIE HUTCHINSON, District No. 4 • CLIFF BARNES, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue • Fort Pierce, FL 34982-5652 Administration: (772) 462-1590 • Planning: (772) 462-2822 GIS/Technical 5ervices: (772) 462-1553 Economic Development: (772) 462-1550 Fax: (772) 462-1581 Tourist/Convention: (772) 462-1529 • Fax: (772) 462-2132 www.co.sr-lucie.fl.us a - -I l� v+��� b 00 00 q 00 00 M M M O N N N N M_ 00iO+�I�,O O DD N OD N O OD O N VM O h N 0 l- l� .-� .•-. O� I O O .d. l O� ON ! d. ON N O% .� I-O 0% M O tn O ON 00 ON 00 N N N N N N N } N M 100 I V 100 00 �F !` tt 00 O -t M N M N N 00 � M+ i M M M M: M M .•••, M M M M �O i M M M M M M %O �O M M �A; M j M M N M M M M N M 00 OD 00 00 00 00ON, 00oll %p ! i 00 �t • 00 00 00 00 00(21% 00 00 00 00 00 IN M M MfM M M MJM� O\,Q\, �` M�MI" q IM M I. 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P & Z Meeting March 20, 2003 Page 1 CALL TO ORDER Chairman Merritt 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 Merritt gave a brief presentation on the procedures and what to expect for tonight's meeting. The Planning and Zoning Commission is an agency that makes recommendations to the Board of County Commissioners on land use matters. These recommendations are made after consideration of staff recommendation and information gathered at a public hearing, such as those we will hold tonight. The meeting will progress in the following manner: • The Chair will call each item. • Staff will make a brief presentation on the facts of the request. • The petitioner will explain his or her request to the Board. • Members of the public will be allowed to present information regarding the request. • The public portion of the meeting will be closed and the Board will discuss the request. Further public comment will not be accepted unless the Board has specific questions. • The Board will vote on its recommendation after its discussion. For legal reasons, the motion may be chosen and read from a script provided by staff. Motions both for and against are provided to the Board members. • The recommendation is then forwarded to the Board of County Commissioners --- for- their -consideration -and -vote, usually -within -the next month. Once again the Planning and Zoning Commission acts only 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 20, 2003 Page 2 AGENDA ITEM 1: MEETING MINUTES — FEBRUARY 20, 2003: Mr. Grande stated that on Page 3, the last paragraph, Mr. Matthes name is misspelled. TO a. Ae gv46�d 5 Z � rd�� APPIR1: VAL Mr. McCurdy made a motion for approval with the modification. Motion seconded by Mr. Lounds. Upon a roll call vote, the motion passed unanimously (with a vote of 6-0). PUBLIC COMMENT Ms. Silvia Mendoza, Walk -In Clinic on Prima Vista Boulevard, stated that she is requesting direction to staff from this Board to assist her with a sign problem in her area. She is experiencing a major vandalism problem within the area of her walk-in clinic. Her current sign meets the existing sign code for the CO (Commercial Office) Zoning District. Her existing ground sign has a spotlight, which shines the light up from the ground onto her sign. The problem she is having is that every time she replaces the spotlight it either is stolen or broken by vandals in her neighborhood. Ms. Mendoza stated she is requesting that the Board direct staff to change the sign code to allow internally lit signs within the CO (Commercial Office) Zoning District. Mr. Kelly stated that he had spoken with Ms. Mendoza approximately six weeks ago with Ms. Mendoza requesting permission for an internally illuminated sign. Ms. Mendoza was inquiring about a cabinet sign with internal lighting. At that time, I informed Ms. Mendoza that this type of lighting was not permitted within the CO (Commercial Office) Zoning District and that a variance was not permitted due to the nature of the request. At that time, Ms. Mendoza asked for my input on what could be done. I stated she could address the Local Planning Agency and request your input and guidance. Mr. Merritt asked if there were any questions on this issue. Mr. Lounds asked Mr. Kelly the reason for the existing written code requirements for a box lit sign and the sign limitations in the CN (Commercial, Neighborhood) and CO (Commercial Office) zoning districts. Mr. Kelly stated that there was a sign committee who researched and rewrote the sign code a number of years ago. At that time, due to the nature of the CN (Commercial Neighborhood) and CO (Commercial Office) uses being in close proximity to residential neighborhoods the committee determined that low light that does not encroach into the residential areas was more arnentahle_ Mr. Lounds asked what was being asked of this Board. Mr. Kelly stated that the Board should make a determination on whether or not Ms. Mendoza's information would merit a review of the sign code and then the Board would be directing staff to begin researching and preparing a Land Development Code text change to allow for alternative lighting within the CN (Commercial Neighborhood) and CO (Commercial Office) Zoning Districts. P & Z Meeting March 20, 2003 Page 3 Mr. McCurdy asked Ms. Mendoza if her clinic was open after dark. Ms. Mendoza responded that it was not open after dark. She went on to explain that the problem is that the spotlights are located on the ground and accessible by the vandals and therefore can be easily broken or stolen. She further stated that her entire site is not lit at night. There is an existing light in the back of the property. Mr. Hearn recommended that Staff research the issue and bring it back to the Commission or have the Comprehensive Planning Study Group discuss the issue and make a recommendation to the Board. Mr. Lounds asked who the Comprehensive Plan Study Group is. Mr. Hearn responded that it is a group of volunteers that meet once a month to review the Comprehensive Plan and make recommendations to the Planning and Zoning Commission. Anyone can be part of the Study Group. Mr. Grande stated that the problem is not restricted to this Board, there appears to be a law enforcement problem, with the property damage that has been occurring the County Sheriff should be involved. This is a public safety and protection of personal property issue with repeated vandalism. Is there a recommended change that the petitioner is requesting or that staff wants the Board to consider? Mr. Kelly stated that staff is looking for direction from the Board on the issue. The current policy is that the type of sign the petitioner is requesting is not permitted within the neighborhood. The area is unique. But is it right to change every sign in the CN (Commercial Neighborhood) or CO (Commercial Office) Zoning District? Mr. Grande stated that he is hesitant to rewrite the entire sign code based upon this issue. He further stated that in his opinion this is a matter for the Sheriff's Office. Mr. Hearn stated that it may not have to be a change across the Board. This type of change should be looked at on a case -by -case basis rather than by the zoning district. Mr. Akins asked if the sign is not internally lit, how is it being lit, from the ground by spotlights? Ms. Mendoza responded that the sign was lit by spotlights on the ground. The vandals are hitting the spotlights in a manner which breaks off the bulb at the neck and leaves the metal piece in the light socket. Mr. Akins asked if there was not another type of light or container that could be used to protect the spot light, such as Plexiglas, etc. Ms. Mendoza stated that she currently is using the best that she could find on the market. Mr. Merritt asked if Florida Power & Light (FP&L) had been approached regarding floodlights on the sign. P & Z Meeting March 20, 2003 Page 4 K t k. Ms. Mendoza stated that she currently has one floodlight on the sign. FP & L will lie mstalhng a floodlight on a light pole but it is not in the area in which the existing sign is located. Mr. McCurdy asked if additional poles or pole lights being installed or a regular light pole being installed would be a problem. Mr. Kelly stated that he didn't see it as a problem. Mr. McCurdy stated that even though he sympathized with Ms. Mendoza a change to the sign code is not the method to correct the situation. He feels that there is an engineering and policing problem that is occurring. Mr. Lounds stated that this is an issue that needs to be reviewed on a night where there is a light load. He further stated that he would encourage Ms. Mendoza to talk with the Sheriff's Office. Mr. Merritt asked Mr. Kelly if he knew the logic behind the sign ordinance not allowing box lighting. Mr. Kelly stated that it was due to the zoning districts being interior to neighborhoods and they were attempting to protect the residential areas from the encroachment of excess lighting in the area. Mr. Grande asked if there was any study on whether or not the vandalism would be less with the internally lit box lighting or is it an engineering and policing problem. Ms. Mendoza stated that according to the sign expert she was dealing with there is only one type of sign that could not be broken. The lights would have to be higher so that they were not accessible. Ms. Mendoza submitted a copy of her existing sign and the proposed sign. The cost would be in excess of $10,000.00. Mr. Akins stated that he felt that a Plexiglas cover that goes over the spotlight would be a lot less than what you are looking at for an out of pocket expense. He felt that this is much more appropriate than amending the Land Development Code to add extra lighting in a lot of neighborhoods. People will not want the extra lighting affecting their neighborhood. Mr. Akins asked Mr. Kelly where exactly the property being discussed was located. Mr. Kelly stated that is the next property behind the Bank at the SW corner of US 1 and Prima Vista. Along US 1 in the CG (Commercial General) zoning district the type of lighting requested is permitted. It is not a Comprehensive Plan amendment it would be a Land Development Code issue on _sign criteria._ -It-is-not-the intent of- staff -to-open--up-to-permitted -uses -in-the-CN - (Commercial Neighborhood) and CO (Commercial Office) zoning districts. Mr. Hearn stated that upon listening to the public and the Board's discussion the issue requires a closer look and determine if a relief to the code would be able to be obtained without changing the Land Development Code - Variance procedure or Conditional Use (case by case basis). Changing the zoning designation for a sign is ludicrous. Chairman Merritt ended the discussion P & Z Meeting March 20, 2003 Page 5 SU 9 LFC, gf q4� fj1� (� ry�?P Ij 9¢Y ����.s Mr. Hearn made a motion to bring the issue back for further discussion.C,�r. c urdn y " seconded. Upon roll call the motion passed (6-0). Mr. Kelly was directed to notify Ms. Mendoza when the discussion would occur. P & Z Meeting March 20, 2003 Page 6 F f� AGENDA ITEM 2: ANGELHEART ACRES: FILE NO: CU-02-009 Mr. David Kelly, stated that Agenda Item 2 is the application for a Conditional Use Permit to allow a community residential home in the RS-4 (Residential, Single-family 4 du/acre) Zoning District for the project to be known as Angelheart Acres. This item was continued prior meeting. For your information, this petition is an existing foster home that came in for a Conditional Use Permit to expand beyond what the already had. The county did not know about the facility prior to their petition being filed. Upon research and information from the neighborhood it has been determined that there is another such facility, also not permitted through the county, located within 1,000 feet of this facility. Since filing that petition, the applicant's have withdrawn the petition for a Conditional Use Permit. As this petition was continued staff is requesting that this Board accept the applicant's withdraw and further direct staff to turn the petition over to the Code Enforcement Division for further action. Code Enforcement will be required to determine which facility was located on Caprona first. Mr. Grande made the motion to accept the applicant's withdrawal and direct staff to notify the Code Enforcement Division with regards to this facility. Mr. Hearn seconded the motion. Upon roll call the motion passed unanimously (6-0 vote). At this time the Planning and Zoning Commission convened the public hearing and reconvened as the Local Planning Agency. P & Z Meeting March 20, 2003 Page 7 AGENDA ITEM 3: ROBERT C. FENDER — PA-02-005 Mr. Hank Flores, stated that Agenda Items 3 and 4 are the applications of Robert C. Fender for a Change in Future Land Use from the RU (Residential Urban) and COM (Commercial) Future Land Use Designation to the COM (Commercial) Future Land Use Designation and a change in zoning from the CN (Commercial Neighborhood) and CG (Commercial General) Zoning Districts to the CG (Commercial General) Zoning District for property located at the southwest corner of the intersection of South 25`s Street and Midway Road, a 1.2 acre property located on the Southwest corner of the intersection of South 25t' Street and Midway Road Approval of this petition is required to allow the applicant to seek a change in zoning for the subject property from the CG (Commercial, General) and CN (Commercial, Neighborhood) Zoning Districts to the CG (Commercial, General) Zoning District. The stated purpose of the requested change in future land use is to develop the property for commercial general uses. The current future land use designation allows for commercial general uses at the corner of the subject property and limited commercial uses on the remainder of the subject property In reviewing this application for a proposed amendment staff has found the request to be consistent with the Comprehensive Plan In reviewing this application for a change in the future land use classification, staff recognizes that through prior changes in zoning and future land use classifications, the adjacent neighborhood, to the south of the subject property has been buffered from the full effects of the CG (Commercial, General) Zoning District by a portion of the entire subject property being zoned CN (Commercial, Neighborhood). The proposed Future Land Use Classification change and concurrent request for a change in zoning to CG would allow the continuation of a CN buffer, though the size of the buffer width would be reduced. Based upon the information provided, staff has found that the proposed future land use change is consistent with the Goals, Objectives, and Policies as set forth in the Comprehensive Plan. Staff recommends that this petition be forwarded to the Board of County Commissioners with a recommendation of approval, specifically the following specifically the following: The future land use classifications surrounding the subject property are RS (Residential Suburban) to the southeast and RU (Residential Urban) to the south and east. The northeast and northwest corners of the intersection of South 25"' Street and Midway Road are designated with a future land use classification of COM (Commercial). The existing future land use classification of RU allows residential densities of up to 5 units per gross acre and some limited commercial uses and COM allows all commercial zoning districts, including CG (Commercial, General). Staff is recommending that these -petitions -be forwarded to the Board of County Commissioners - with a recommendation of approval. Chairman Merritt asked if the petitioner was present. Mr. Dave Fender came forward. Mr. Dave Fender — 4206 Sunrise — stated that he agreed with the staff recommendation. He further stated that his mother owns the property. In his opinion the CG (Commercial General) Zoning District will give a better opportunity for development on this site. P & Z Meeting March 20, 2003 Page 8 ug�juu a vlam{I-d— plmp'g TO FU L9 ! J 25s`� � Frp�gg�� Mr. Hearn stated that he is confused with the area of the Commercial General before the road widening. Mr. Fender stated he lost a portion of the property due to the widening of 25"' Street and to easements. Mr. Hearn stated that it appears based upon the Staff's comments contained in the Staff Memorandum that the property owner reacquired the land. Mr. Fender stated that the subject property is located at a major 4-lane intersection that is a dead intersection. The medians constructed at 25`h Street and Midway Road killed the intersection and made the site hard to market and develop. Mr. Hearn stated that there is residentially zoned property to the east that he is worried about. If the commercial general is allowed at this site what is the impact on the homes in the area. He further stated that it appears that the size of the land buffers may not be sufficient for the residential area, absent specifics about the project, what is proposed, hours of operation, etc. Mr. Fender stated that the buffer area is 30 foot in width and contains a number of trees. He further stated that this a major intersection with commercial uses on all four corners. The medians caused the necessity for the widened developed property. Mr. McCurdy asked if the existing buffer area would shield the existing residential area. Mr. Fender stated that you couldn't see the houses due to the buffer area. Mr. Merritt asked if there were any further questions of the applicant. Being none, the Chairman opened the public hearing. Ms. Pat Ferrick handed out a letter in response to the Comprehensive Plan Amendment and to the Rezoning petitions. Ms. Ferrick stated that she is representing the North Fork Property Owners Association. She stated that the North Fork Property Owners finds that rezoning 02-022 and PA- 02-005 is in conflict with Section 1.02.00, Purpose and Intent: In order to preserve, protect and improve public health, safety, comfort, good order, appearance, and general welfare; encourage the most appropriate use of land, water and resources; preserve and enhance the value of land and the character and stability of residential areas, etc. Ms. Ferrick further stated that the proposed rezoning would be creating a negative impact on the property values of the abutting properties to the south namely Twelve Oaks. It will deteriorate the quality of life for the residents, and seriously deteriorate the tax based in this area. The proposed zoning change and plan amendment would not be in harmony with the purpose and intent of the St. Lucie County Land Development Code. The purpose of the CN (Commercial Neighborhood) district is to provide and protect an environment suitable for limited retail trade and service activities covering a relatively small area and that is intended to serve the population living in surrounding neighborhoods. P & Z Meeting March 20, 2003 Page 9 F { F The CG (Commercial General) zoning 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. The size of this property and the ingress and egress is not compatible with the above zoning district. The proposed amendment to COM land uses is inconsistent with the surrounding neighborhoods. The footage of this property on Midway Road is approximately 410.11 and 281.44 feet on South 25'h Street. The proposed request is "spot General Commercial" zoning and land use. It is incompatible with the residential nature of abutting properties. The roadway 25 b Street and Midway Road, has enough General Commercial zoning. Both the zoning change and the land use amendment will adversely impact the quality of life in the immediate surrounding area. Due to noise pollution, light pollution, etc., the quality of life for the adjoining residents will be severely and adversely impacted. If you look at the General Commercial uses you will note gas stations and next to gas stations you will note the sic code 5541 gasoline stations combined with all other activities, such as grocery stores, convenience stores or carwashes, are classified according to the primary activity. There is not a plan that necessitates this change the application states that the reason for the rezoning is to recapture land that was lost due to the expansion of St. James. The property owner was amply compensated for the small portion of the property that was taken. If you look at the aerial that is provided in your packet you can see how the encroachment of Commercial General will adversely impact the property owners to the south. You will note that the SE corner is Commercial Neighborhood. The large tract of land on the NW corner is commercial providing more than enough commercial usage in this corridor. This indeed would be a spot commercial and we all know the deleterious effect that spot commercial zoning has all over the county. Here today gone tomorrow and a drain on the economy and the tax base. The petition is also inconsistent with Florida Statue 187.201(16) enhance the quality of life, etc. Ms. Ferrick further stated that there is a problem with ingress and egress for this site. A property can only have a right -in / right —out movement if there is not 600 feet from the intersection. Ms. Clair Jackson, Rainbow Drive, stated that she is opposed to the proposed request for change in land use and change in zoning as there are no plans available and she has no idea what the petitioners are hoping to develop on this corner. The CG (Commercial, General) zoning designation is objectionable to the neighborhood. The CN (Commercial, Neighborhood) zoning is compatible with the surrounding neighborhood. The property to the north has been vacant since -all of the trees were removed -by -Paul -Rhodes. The gas station -located on -the -southeast - corner is unoccupied. None of the other commercial general sites back up to neighborhoods. The existing pattern is for these small stations to open and close and leave an eyesore that eventually impacts the property values. Please deny both of these petitions. Mr. John Ferrick, located on South 25`h Street stated that he is representing the White City Improvement District and they are opposed to the requested petition, as it abuts the Twelve Oaks residential subdivision. In the opinion of the White City Improvement District the CN (Commercial Neighborhood) Zoning District is more compatible with the surrounding area. P & Z Meeting March 20, 2003 Page 10 a V f ' 0VA dSSu.Sac�� J P Mr. Tom Kine, Residing on Twig Lane stated that he is not opposed to the Fenders recapturing the land taken from the widening of 2501 Street and Midway Road, but he is opposed to the proposed change in land use and rezoning of the property. If you take a better look at the surrounding area you will find an existing gas station that stands empty and a lot of businesses that are not open. There is not a need for additional CG (Commercial General) zoning in this area. Mr. Fender stated that what is hearing tonight is a worry about a gas station being constructed on this site. He stated that even under the CN (Commercial Neighborhood) Zoning District a gas station/convenience store could be constructed on the site under the Conditional Use Permit process. He further stated that the CG (Commercial General) Zoning District would be more marketable and allow for a wider variety of uses. Mr. Akins asked for clarification on the proposed use for this property. Mr. Fender stated that he was unsure of what would be built on the site; he is looking at this options and currently paying taxes on the site. Mr. Fender further stated that he has been granted a full access cut from FDOT for his site. Mr. Fender stated that he felt that the medians should be taken out at this location as they have hurt the development potential of the corners. At this time, the Chairman closed the public hearing. Mr. Grande made the following motion: 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 Robert C. Fender, for a change in land use from the RU (Residential Urban) and COM (Commercial) to COM (Commercial) because the change reduces the buffer more than 50% and will cause a negative impact the existing residential areas. Mr. Hearn seconded the motion and stated that he seconded due to the compatibility chart indicating that CN (Commercial Neighborhood) and CO (Commercial Office) uses are compatible with the existing land use designation but the uses within the CG (Commercial General) zoning district are not compatible with the existing land uses. _ Mr. Lounds stated that he, understands_the_concerns with -Grey -Twig, -as this is -a-dead-end-road - - - But the issues with Midway Road he did not understand. Midway Road may not currently be a major intersection, but it will be a major intersection in the future. He has concerns about the ingress/egress for this site in relation to the existing medians on Midway Road. The CG (Commercial General) zoning district will create a higher amount of traffic in the area. The CN (Commercial Neighborhood) zoning district lends itself to a less traffic flow. Mr. Merritt stated he did not see the additional footage problem of the owner. There is a 30 foot buffer and the land use change and rezoning is not going to take it away. P & Z Meeting March 20, 2003 Page 11 n s ,r ti 9 7 4QI sR° 1 Mr. Hearn stated that it is not the responsibility of the Planning and Zoning Commission to make the property more valuable for sale. The reality is that this property is located within an existing residential area. He is not in favor of rezoning every intersection as CG (Commercial General) especially when the neighbors have come out in opposition to the petition. Mr. Merritt asked staff if gas stations were conditional uses within the CG (Commercial General) Zoning District. Hank Flores stated that it is a permitted use therefore no conditional use permit would be required. Any development would require an 8-foot barrier (concrete or wall or fence) with landscaping including a tree every 30 feet. Mr. Merritt asked if a site plan would be required. Hank Flores responded that yes a site plan would be required. Motion was called to deny the petition. On roll call the motion passed by a 4-2 vote. At this time, the Local Planning Agency adjourned and the Planning and Zoning Commission reconvened. P & Z Meeting March 20, 2003 Page 12 N0FF I O T a AGENDA ITEM 4: ROBERT C. FENDER — RZ-02-0223�ts�is Mr. Kelly stated that this agenda item paralleled the previous agenda item and the board must take a separate action on the item as a formality. Mr. Hank Flores stated that Agenda Item 4 is the application of Robert C. Fender, for a Change in Zoning from the CN (Commercial, Neighborhood) and CG (Commercial, General) Zoning Districts to the CG (Commercial, General) Zoning District for property located on the Southwest corner of the intersection of South 25"' Street and Midway Road The stated purpose of the request is to allow the property to be developed for commercial general uses. 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, therefore, recommending that this Board forward a recommendation of approval to Board of County Commissioners. Chairman Merritt asked if there were any questions for staff, being none he opened the public hearing. Ms. Pat Ferrick, North Fork Property Owners Association stated her previous comments went along with this petition. Mr. Grande made the following motion: 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 Robert C. Fender, for a change in zoning from the CN (Commercial Neighborhood) and CG (Commercial General) Zoning District to the CG (Commercial General) Zoning District because the at this point the petition would be inconsistent with the land use. The motion was seconded by Mr. Akins. Upon roll call the motion passed by a vote of 4-2. P & Z Meeting March 20, 2003 Page 13 s� a 3 LL f1} �u. AGENDA ITEM 5: RANJAMA PATEL — CIRCLE C LIOUORS — CU-03-002: Ms. Cyndi Snay Agenda Item 5 is the petition of Ranjama Patel to a Conditional Use Permit to allow the operation of a retail liquor store for the offsite consumption of distilled and undistilled alcohol within the Prima Vista Crossings to be known as Circle C Liquors. The proposed building will be next to the existing Publix Shopping Center in the Prima Vista Crossings. Circle C Liquors is currently operating on the west side of US Highway One, immediately across the street from Prima Vista Crossing, in the Port St. Lucie Shopping Center. The subject property is zoned CG (Commercial General) and the retail liquor stores for the offsite consumption of distilled and undistilled alcohol is permitted as a Conditional Use. The subject petition is consistent with the Comprehensive Plan and Land Development Codes. Staff recommends that this petition be forwarded with a recommendation of approval Mr. Hearn asked staff if the Conditional Use Permit was for the entire shopping center. Ms. Snay responded that it is only being requested for Bay 121-C of the shopping center. Mr. Hearn asked if another liquor store could go into the shopping center or was there a distance criteria between them. Ms. Snay responded that there is not a distance criteria between liquor stores. The only distance criteria is for schools, parks, religious facilities within 1,000 feet. If another liquor store wished to operate within the shopping center, they would be required to come back before both this Board and the Board of County Commissioners requesting a conditional use permit for whatever Bay they were looking at. Mr. Hearn stated he was worried that the zoning maps depict the entire shopping center. Ms. Snay pointed out that there is a layout of the shopping center in the packet which clearly identifies where Bay 121-C is located and that is the only bay being reviewed for this type of use at this time. Chairman Merritt asked if there was anyone present to represent the petitioner. No one answered. He asked the pleasure of the Board. Mr. Lounds motioned that since the petitioner was not at the meeting then the Board should not be heard at this time. Mr. Hearn made the motion to continue this item to the March 28, 2003, Special Meeting of the Planning and Zoning Commission. Mr. McCurdy seconded the motion. On roll call the motion passed (6-0 vote). P & Z Meeting March 20, 2003 Page 14 AGENDA ITEM 6: K & M CONCRETE — FILE NO. CU-03-001:w�'aa° Agenda Item 6 is the petition of K & M Properties of FL for a Major Site Plan and Conditional Use Permit to allow the construction of a Concrete Batch Plant and operation of a Concrete Mixed in the IH (Industrial Heavy) Zoning District for property located at 4170 and 4190 Selvitz Road. The purpose of the Industrial Heavy zoning district is to provide an environment suitable for heavy manufacturing and other activities that any impose undesirable noise, vibration, odor, dust or other offensive effects on the surrounding area. The applicant is proposing a manufacturing use which is consistent with this purpose. The manufacturing of stone, clay and concrete products is permitted within the IH (Industrial Heavy) zoning district as a conditional use. The applicant's petition is consistent with the Land Development Code and not in conflict with the Comprehensive Plan Therefore, Staff is recommending approval of the applicant's request to construct a concrete batch plant and operation of a concrete mixer subject to the following Condition: "The applicant shall be required to install an 8-foot high opaque fence or wall constructed of concrete or masonry materials or other similar material along the southern boundary line. The applicant shall install a minimum of 60% of the required perimeter landscaping material on the outside of the wall, consistent with the requirements of Section 7.09.04(E) of the Land Development Code." Chairman Merritt asked if there was anyone present to represent the petitioner. Mr. Greg Boggs, Thomas Lucido & Associates came forward as agent of record for the petitioner. Mr. Boggs indicated that his client has a problem with the condition outlined in the staff report. He stated that the proposed 6-foot fence along the property line is sufficient to buffer the adjacent property to the south. He stated that the section sited by staff is for non-residential uses being next to single-family residential units. He currently has a petition in for a change in zoning and preliminary Planned Non -Residential Development (PNRD) for a Christian Campus. This site is unique in that it has a NSLWCD Canal No. 101 which is approximately 300 feet in width which includes a special buffer of pines, palmettos and slash pines, running the entire length of the site, this with the existing trees and proposed landscaping would buffer the property to the south. There would be no adverse relationship if the site only has a 6-foot fence. The closest building to this property line would be 165 feet. His client is requesting that the site plan be approved with only the 6-foot fence and a tree every 30 feet. Mr. McCurdy asked Mr. Boggs if he was associated with the church site. Mr. Boggs stated that he is the agent of record and Mr. Terry Redden is the pastor -for the facility- - - - --and they have indicated to him that the 6foot fence would be okay with them. Mr. Boggs further indicated that the church property owner is proposing to rezone their tract of land from AR-1 (Agricultural Residential) to PNRD (Planned Non -Residential Development). Mr. Merritt asked if staff had heard from any of the surrounding property owners. Ms. Snay stated she had not heard from any of the surrounding property owners. Ms. Snay further indicated that there is a site plan under review by the Development Review Committee P & Z Meeting March 20, 2003 Page 15 V.,y u \:: �,4 'GI ._ but at this time, the property has not been rezoned nor has the site plan been determined to meet the technical requirements of the Land Development Code or consistent with the Comprehensive Plan. Mr. Kelly stated that Mr. Redden had been in touch with him regarding this site plan. Mr. Redden requested general information regarding the proposed project. Mr. Kelly stated that he described the requested petition including the staff condition on the 8-foot fence or masonry wall. Mr. Redden was satisfied with the petition after finding out about the buffering requirements and eight -foot fence. Mr. Redden further indicated that he would not attend the meeting in opposition to the proposed project based upon staff's recommendation. Mr. Kelly further stated that this is an issue that needs to be worked out by the applicant and the adjacent property owner. Mr. Boggs requested that staff clarify why this code section would apply to this petition. Ms. Snay responded that the adjacent property has an existing Residential Suburban (RS) land use designation and AR-1 (Agricultural, Residential — 1 du/acre) Zoning Classification. The code has been determined to be applied to properties with a non-residential use being applied to a residential use not just a residential structure. Mr. Merritt stated that the proposed project will be an improvement over what is existing there today. Mr. Hearn agreed with Mr. Merritt. Further, he asked Mr. Boggs to explain what native vegetation was located along the southern property line. Mr. Boggs showed a graphic of the site. Mr. Hearn asked if the vegetation is actually on the site right now or proposed to be on the site in the future. Mr. Boggs responded that the vegetation exists on the site right now. Mr. Boggs further stated that they are proposing a 6-foot fence with trees. Mr. Hearn asked if the fence would be wooden. Mr. Boggs stated that the 8-foot high fence condition would be overkill on the County's part. Mr. Hearn asked staff to clarify why the 8-foot high fence was being required. Mr. Kelly stated the 8-foot high fence_ is based _on -the _ Residential land_use_to_the _south._Mr._ Kelly also stated that he can confirm that the statements made by Mr. Boggs regarding a proposed Preliminary PNRD plan for New Life Christian had been submitted to the County's Development Review Committee. Mr. Kelly stated that as Mr. Boggs is in contact with both the petitioner and the southern property owner that he could work out a compromise between the two entities. The Land Development Code does give the Board of County Commissioners the authority to waive the P & Z Meeting March 20, 2003 Page 16 L4`idl U li 0 UUF U51« buffering requirements between residential and nonresidential uses, if the adjacent property owner submits a letter of support for the waiver. Mr. Grande asked if they could pass the petition with staff s condition as requested at this point, and allow Mr. Boggs to work with the southern property owner and the petitioner to come up with a solution to remove the condition. Mr. Kelly stated that the Land Development Code allows the Board of County Commissioners to release the requirements of Section 7.09.04(E) with a written letter from the southern property owner supporting the reduction in the height of the wall. Mr. McCurdy asked if there were any further questions of the applicant. Being none, the Chairman opened the public hearing. After seeing no one, Mr. McCurdy closed the public hearing. Mr. Lounds asked what was presently on the property. Mr. Merritt stated a junkyard. Mr. Lounds further asked for clarification on whether or not the applicant's were requesting a rezoning for this property. Ms. Snay responded that no rezoning was necessary, the petitioned use was allowed after Conditional Use review and approval. Mr. Grande asked Mr. Boggs if his client would be okay with this Board recommending approval with the proposed contingency that the Board of County Commissioners can remove the condition before they pass it, if the issue can be solved between the two property owners. Mr. Boggs stated he could support this type of approval. Mr. Lounds stated that he agrees with this only if the decision is that the fence be lowered to 6 feet and the vegetation was still provided. Mr. Grande stated he didn't disagree with what Mr. Lounds said. Mr. Grande indicated he wanted to give the property owners the opportunity to discuss the issue and work out a satisfactory solution to the problem. His only concern was that the property owner to the south, based upon discussions with staff, had no problem with the project if the 8-foot fence was provided as recommended by staff. The condition would give Mr. Boggs time to meet with both entities and finalize a solution. Mr. Hearn asked if New Life Christian would have any residential uses at all. Mr. Boggs stated that there is an adult living facility proposed for the southern component of the site. Mr. Hearn stated that this Board should approve the condition as recommended by staff and allow the Board of County Commissioners to make a change if they want to. It would be P & Z Meeting March 20, 2003 Page 17 F 1, f_ AL different if New Life Christian was approved and already there, then he could support the 6 foot fence but at this time he can't support the 6-foot fence. Mr. Merritt stated he was struggling with the issue, about what the Board could legally do. Do they have the right to approve the 6-foot fence instead of the 8-foot fence? Ms. Young stated that the Board if they want to approve the petition it should include the condition for the 8-foot high fence. The Board may recommend to the Board of County Commissioners to compromise with the condition. Mr. Grande made the following motion: 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 approve the application of K & M Concrete of FL, LLC, for a conditional use permit to construct a Concrete Batch Plant and allow the operation of a concrete mixer in the IH (Industrial Heavy) Zoning District with the one limiting condition recommended by Staff and request the Board of County Commissioners to review the condition and make a ruling based upon a joint decision made by the property owner and the southern property owner. The motion was seconded by Mr. Akins. Upon the roll call, the motion was approved unanimously (with a vote of 6-0). P & Z Meeting March 20, 2003 Page 18 a =_n AGENDA ITEM 7: RODNEY HOPKINS — FILE NO. RZ-03-006: f-� q ,.�� bh Mr. Hank Flores stated that Agenda Items 7 & 8 are two separate petitions but for clarity will be discussed together but a separate motion must be made for each of the items. The applicant Rodney Hopkins is requesting a change in zoning from the I (Institutional) Zoning District to the CG (Commercial, General) Zoning District. The applicant, Rodney Hopkins, has applied for the rezoning in order to go forward with a request for a conditional use in order to operate a time- share from the subject property. Hotel/Motels (time-shares) are allowed as conditional uses in the CG (Commercial, General) Zoning District subject to the approval of the Board of County Commissioners. The proposed time-share operation is to be housed in a now vacant, previously operating hotel facility. 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. Mr. Merritt asked if there were any questions for staff, hearing none Mr. Merritt asked if the petitioner would come to the podium. Mr. Rodney Hopkins, 4891 N. US Highway 1, stated that reason for the previous change that occurred a month or so ago was to help the elderly in St. Lucie County. Since the time of the previous rezoning there have been four or five isolated deaths last year in assisted living care facilities all over the state. Because of poor care on the deaths the insurance rates have risen to the point where the facility would not be an affordable operation. My intent was to make this facility affordable to the elderly to live there, for example a facility with 11 tenants previously paid an insurance rate of $9,000.00, today she is paying $25,000.00. There was no way to keep down the rising cost of an assisted living facility. When I bought this piece of property I was looking at it in two ways, the assisted living facility was my first choice; the second choice was as a timeshare/Hotel/Motel. What I am trying to do with the timeshare, most timeshares are pretty expensive on the most part, what I am attempting to target the individuals that make between $75,000 and $150,000 a year. The facility will have a club house and pool on the site, plusthe fact that St. Lucie County has a number of sites around for the patrons to see. It would be more affordable for tourists to utilize and enjoy the county. Mr. Merritt asked if the Board had any questions for the petitioner. Mr. Merritt opened the public hearing on this item Mr. Hopkins stated that in this County we do not have a timeshare facility. Mr. Merritt closed the public hearing and brought the petition back to the Board for discussion. Mr. Hearn stated he wants staff to know he supports the project, but he questioned staff that when the Board gets the Conditional Use Permit for this request and the petitioner is asking for a P & Z Meeting March 20, 2003 Page 19 Conditional Use Permit to allow for hotel/motel would that conditional use &I't allow the . applicant to operate a hotel or motel in lieu of the timeshare. Mr. Kelly affirmed that this was correct. Mr. Lounds made the following motion: 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 approve the application of Rodney Hopkins, for a change in zoning from I (Institutional) Zoning District to the CG (Commercial General) Zoning District because it would improve the value of this piece of property and enhance the end result of what Mr. Hopkins is trying to do and will help the economy of St. Lucie Count by adding to the Tourist base. Mr. Akins seconded the motion. Upon roll call the petition passed unanimously (6-0 vote). P & Z Meeting March 20, 2003 Page 20 Mr. Hank Flores stated that Agenda Item 9 is the petition of Chitto and Maria Sarkar for a Change in Zoning from the CO (Commercial Office) Zoning District to the CG (Commercial, General) Zoning District for property located on the Southwest corner of the intersection of Prima Vista Boulevard and Airoso Boulevard. Subsequent, to the application for the change in zoning, the Sarkar's amended their request from the change in zoning from CG (Commercial General) to the CN (Commercial, Neighborhood). The stated purpose of the rezoning is to develop the property for a restaurant. 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. Chairman Merritt asked if the petitioner was present then requested that he come forward. Mr. Chitto Sarkar stated that the reason they were requesting the rezoning was to purchase the property in order to develop the property as a restaurant. He stated that in his opinion a restaurant is very appropriate for the area. The property next door is currently utilized for a gas station and the other side has a convenience store. Mr. Lounds asked what the hours of operation for this facility. Mr. Sarkar indicated that the hours of operation would be loam to 10pm. Mr. Sarkar stated that the gas station across the street is a 24-hour facility. Mr. Hearn asked staff to clarify whether or not Lot 1 and 2 were CO (Commercial Office). His understanding was that the petitioner was only asking a change in zoning for Lot 1 to CN (Commercial Neighborhood). Having that type of zoning to the south of the CN (Commercial Neighborhood) would eliminate the requirement to have the fence between the two properties. Mr. Flores stated that it would depend on the interpretation nonresidential to residential uses; there is a residential use on Lot 2. Mr. Merritt asked if Lot 2 was a residential use. Mr. Hearn stated that it doesn't appear that way on the map. It appears that it is CO (Commercial, Office). Mr. Kelly stated that the property is zoned CO (Commercial, Office) but if you look at the aerial, there is a home on Lot 2. Mr. Lounds asked for clarification on whether a home is allowed in the CO (Commercial, Office) zoning. Mr. Kelly clarified that the property is zoned CO (Commercial Office) there is a nonconforming home on Lot 2. The property is nonconforming because of the zoning; however, staff has determined that where there is homes in commercial zoning if something were to happen, we are not fully treating them as the nonconforming, we have made some allowances. There is a home P & Z Meeting March 20, 2003 Page 22 AGENDA ITEM 8: RODNEY HOPKINS — CU-03-003: 1..SU �aJ / ✓ a.. Mr. Hopkins gave a brief explanation on a timeshare. A timeshare has 52 week in which each room is sold for a week at a time. They could only be rented out if the week is vacant or still on the market. The bottom line to accommodate a hotel/motel with a timeshare, the hotel/motel action only occurs when a week has not been sold. Mr. Hearn asked Mr. Hopkins if he would have a problem with the Board approving the Conditional Use Permit for only the timeshare use and not permitting the hotel/motel operation. Mr. Hopkins stated he would have a problem with this condition. If in the future he sold his property he would not be permitted the hotel/motel use. Mr. Hearn stated that they would have to go through the Conditional Use Permit process. Mr. Lounds asked Mr. Hearn if what he was recommending is that Mr. Hopkins could not rent out his unit, during a week that he did not have a sale for that week. Mr. Hearn stated that is not what he was intending. He further states that Mr. Hopkins appears to be want to operate a timeshare operation and I am asking if he has a problem with us limiting his use to the timeshare operation only. It would not be a straight hotel/motel Conditional Use Permit that stays with the property forever. I would support either concept, but if Mr. Hopkins is comfortable with a timeshare. Mr. Hopkins stated he is comfortable with the timeshare/hotel/motel concept because I have spent thousands of dollars on this property and have turned a disaster into something special. I would rather have the opportunity for the hotel/motel and timeshare. Mr. Hearn made the following motion 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 approve the application of Rodney Hopkins, for a conditional use permit to allow the operation of a Hotel/Motel (Time -Share) in the CG (Commercial General) Zoning District because it is appropriate for the surrounding neighborhood and it will be a tremendous economic benefit to the community and Mr. Hopkins has done a fantastic job in rehabilitating the property. Mr. McCurdy seconded the Motion. Upon roll call the petition passed unanimously (7-0 vote). P & Z Meeting March 20, 2003 Page 21 &i 9�y p there, it could potentially be there for a number of years, and it is a residential use. Therefore, the requirement for an 8-foot wall/fence would be enforced on this site. Mr. Merritt asked staff if the lot would meet the required square footage for CO (Commercial, Office) if something happened to the house. Mr. Kelly stated he was not sure if it would, that would make it nonconforming in another manner if something were to happen to the house. It still is a nonconforming lot. The situation here is that we do have two commercial properties under separate tax ID numbers and Mr. Sarkar has an interest in one of them and not the other. Mr. Flores stated that Lot 2 would not meet the minimum 10,000 square foot criteria for CO (Commercial Office). In fact, I believe the property has been zoned such since about 1990. Mr. Merritt asked if we were creating a future problem. Mr. Flores stated, not necessarily, that a person could take the house and convert it to a commercial use as long as the use is permitted within the CO (Commercial Office) Mr. Hearn asked staff to clarify whether he understood the comments from staff, if the zoning is changed there would be a requirement for an 8-foot fence/wall between the two properties. Mr. Flores responded in the affirmative. Mr. Grande stated that he felt the PNRD (Planned Non -Residential Zoning) Zoning across the street is preferable for this particular lot, but I think it would be an onerous requirement on the petitioner at this point in time. If the change to CN (Commercial Neighborhood) is approved then I really see no problem with the intended use as a restaurant. I would stated that I would not consider a Conditional Use Permit in the future for either a car wash or a gasoline service station on this site. Mr. Merritt asked if the board had any further comments or questions for the petitioner. At this time, the Public Hearing was opened. No person requested the opportunity to address the Board, so the Public Hearing was closed. Mr. McCurdy made the following motion: 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 Chitto and Maria Sarkar, for a change in zoning from the CO (Commercial, Office) Zoning District to the CN (Commercial, Neighborhood) Zoning District, because it is a good fit in the area and is a P & Z Meeting March 20, 2003 Page 23 busy commercial corner and is going to continue to be and the use propoked should fit well with the site. Mr. Grande seconded the motion. Upon roll call the motion passed unanimously (6-0 vote). P & Z Meeting March 20, 2003 Page 24 f7P�9n OTHER BUSINESS/DISCUSSION No business was discussed. The public hearing was adjourned. Mr. Kelly informed the Board that there was a scheduled meeting on March 27, 2003 of this Board to consider the rezoning petition for Wal-Mart and the petition of Ranjama Patel continued this evening. Mr. Merritt asked Mr. Kelly to discuss how the proposed lawsuit will effect the zoning request. Mr. Kelly stated the rezoning request is still in and is a valid request and the County can certainly continue to process the zoning. The lawsuit and what may come from that is a separate action and I think it is the intent of the Board of County Commissioners to be moving ahead on all other parts of the petition, while we see how the lawsuit plays out, but I don't believe there is a need for us to stop or back off on that issue. ADJOURNMENT Meeting was adjourned at 9:30 p.m. Respectfully submitted: Approved by: Carol Moler, Secretary Ed Merritt, Chairman P & Z Meeting March 20, 2003 Page 25