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HomeMy WebLinkAboutAgenda 05-15-2003 Secretary St. Lucie County Planning and Zoning Commission/Local Planning Agency Regular Meeting Commission Chambers, 3`d Floor Roger Poitras Annex May 15, 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 - April 17, 2003 Action Recommended: Approval Exhibit #1: Minutes of April 17, 2003, meeting AGENDA ITEM 2: CHOICE PEST MANAGEMENT INC -FILE NO CU-03-006: This is the petition of CHOICE PEST MANAGEMENT, INC., for a Conditional Use Permit to allow the operation of a pest control service in the CG (Commercial, General) Zoning District. Hank Flores will present Staff comments. Action Recommended: Forward Recommendation to County Commission Exhibit #2: Staff Report and Site Location Maps AGENDA ITEM 3: GARV PROPERTIES (Richard M. McClure. Arent) -FILE NO. RZ-03-011: This is the petition of GARY PROPERTIES (Richard M. McClure, Agent), for a Change in Zoning from the RS-2 (Residential, Single-Family - 2 du/acre) Zoning District to the CG (Commercial, General) Zoning District. Hank Flores will present Staff comments. Action Recommended: Forward'Recommendation to County Commission Exhibit #3: Staff Report and Site Location Maps OTHER BUSINESS: A. Other business at Commission Members' discretion. B. Next regulaz Planning and Zoning Commission meeting will be held on June 19, 2003, in the Commission Chambers at the Roger Poitras Annex Building. ADJOURN NOTICE: All proceedings before the Planning and Zoning Commission/I.ocal Planning Agency of St. Lucie County, Florida, aze electronically recorded. If a person decides to appeal any decision made by the Planning and Zoning Commission/L,ocal 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 heazing 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 (772) 462-1777 or T.D.D. (772) 462-1428. Any questions about this agenda may be referred to the St. Lucie County Planning Division at (772) 462-1586. 1 r r ~ J _ I COMMUNITY DEVELOPMENT DEPARTMENT • Planning Division MEMORANDOM TO: Planning and Zoning Commission/Local Planning Agency Members FROM: Dawn Gilmore, Administrative Secretary ~G%~--, DATE: Wednesday, May 14, 2003 SUBJECT: P&Z Attendance Mr. Akins, Mr. Grande, Mr. Trias and Ms. Hilson will not be attending Thursday's Planning and Zoning Commission /Local Planning Agency Meeting. Their absences are excused. r ~ ~ ~ r~u~~ 4, FS s._. :t ~ 9Ref :i .5a j St. Lucie County " , • Planning and Zoning Commission/Local Planning Agency Meeting Minutes. REGULAR MEETING- Apri117, 2003 Commission Chambers, 3rd Floor, Roger Poitras Annex . 7:00 p.m. MEMBERS PRESENT• Mr. Akins, Mr. Grande, Mr. Hearn, Mr. Jones, Mr. Lounds, Mr. Matthes, Mr. Merritt, Mr. Trial and Ms. Carol Hilson. MEMBERS ABSENT• Mr. McCurdy (Absent -With Notice) OTHERS PRESENT• Mr. David Kelly, Planning Manager; Ms. Cyndi Snay, Development Review Planner III; Ms. Heather Young, Asst. Co. Attorney; Ms. Dawn Gilmore, Administrative Secretary. P & Z Meeting April 17, 2003 Page 1 E_ . , Ste' ~ r:. ~=erryq~ 2::z CALL TO ORDER ` ~ ~ ~ .4 , ,.1~W L.f:~~ Chairman Merritt called to order the meeting of the St. Lucie County Planning and Zoning Commission/Local Planning Agency 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/Local Planning Agency 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. The Planning and Zoning Commission/Local Planning Agency acts only in an advisory capacity for the Board of County Commissioners and actions taken are recommendations only. Interested parties will also have the opportunity to speak at a public hearing in front of the Board of County Commissioners who will ultimately have the final decision. No other announcements or comments. P & Z Meeting April 17, 2003 Page 2 e Y~~ r - rsAkq+ AGENDA ITEM 1: MEETING MINUTES -MARCH 20.2003 & MARCH 27.2003 Mr. Grande stated that towards the end of page 23 in the March 20, 2003 minutes it needed to be corrected from "stated" to "state". Ms. Nilson stated that her name was spelled incorrectly in both sets of minutes. Mr. Grande made a motion to approve both sets of minutes, as amended. Motion seconded by Mr. Lounds. Upon a vote, the motion was approved unanimously (with a vote of 8-0). P & Z Meeting April 17, 2003 Page 3 l:. ~ s, ,~,...yt ~ ~ ~ ..~~i r~a ,-t~{.vn~~6,U4y AGENDA ITEM 2: DICKERSON REALTY OF FLORIDA -File No. RZ-03-009: Ms. Cyndi Snay, presenting Staff comments, stated that Agenda Item # 2 was the application of Dickerson Realty of Florida, Inc., for a Change in Zoning from the IX (Industrial, Extraction) Zoning District to the CO (Commercial, Office) Zoning District for property located on the northeast corner of the intersection of North 25th Street and Industrial Avenue Two. She continued that the purpose of the requested change was to allow for the construction and operation of a commercial office in association with the existing Dickerson Mining operation occurring on the subject property. She also stated that the subject property is in an area that is designated within the Comprehensive Plan as being compatible with the Commercial Office Zoning District. 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 questioned if the applicant was present. Ms. Wendy Brand stated that she was the representative for the petitioner. Chairman Merritt opened the public hearing. Mr. Lounds questioned if this is the area of the old sand pit. Ms. Brand stated that it was an old sand mine that was rehabbed back in 1988. Mr. Lounds also asked if Dickerson owned the entire parcel, or just the portion they are requesting rezoning on. Ms. Brand confirmed that they do own the entire parcel. Mr. Hearn stated that since there was not any mining done on the site currently, would the petitioner be considering mining again in the future on that property. Mr. Kelly stated that he was not aware of any plans to do so. Mr. Hearn questioned if the rezoning would be necessary for the office if they were still actively mining on the property. Mr. Kelly stated that typically a mining operation doesn't have a structure associated with it and confirmed it would still be necessary unless they had such a large mine that they needed the building as an accessory use. Mr. Hearn questioned if the petitioner had any immediate plans for the site. Ms. Brand stated that once the Comprehensive Plan is changed and if their rezoning is approved, they were intending to make it an industrial park. She also stated that they were going to move their facilities from Martin County to St. Lucie County and construct an office to relocate their current home office. Mr. Hearn asked if the park would be for Dickerson's use exclusively. Ms. Brand stated they had not made that decision yet. Mr. Kelly stated that this parcel is recommended in the updated Comprehensive Plan to be light industrial. Chairman Merritt closed the public hearing. Mr. Grande stated that after considering the testimony presented during the public hearing, including Staff comments, and the Standards of Review as set forth in Section 11.06.03, 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 Dickerson Realty of Florida, Inc. for a Change in Zoning from the IX (Industrial, Extraction) Zoning District to the CO P & Z Meeting Apri117, 2003 Page 4 . :lam dA / ~~,~/~A (Commercial, Office) Zoning District because it is consistent with the surrounding area and is being reflected in the future Comprehensive Plan. Motion seconded by Mr. Matthes. Upon a roll call vote the motion passed unanimously (with a vote of 8-0) and forwarded to the Board of County Commissioners with a recommendation of approval. P & Z Meeting April 17, 2003 Page 5 ..:~I~.,...ru~yw'ta rx~' i3iJ~~e~~ AGENDA ITEM 3: DISCUSSIONS OF LAND DEVELOPMENT CODE: Mr. David Kelly, Planning Manager, stated that Agenda Item # 3 was to begin the discussions of several issues regarding the Land Development Code. Mr. Kelly .advised that the first issue has to do with development in the western portion of the county and if new rules for development should be established. He continued that item came before the Local Planning Agency several months ago and they recommended denial of what was written. He stated that it then moved on to the Board of County Commissioners who began to consider it. He advised that the Board turned it over to an Ad Hoc Committee to review and then scheduled an additional hearing to consider the matter. He continued that the Local Planning Agency has suggested they would like to see the Ad Hoc Committee's recommendations prior to . them going to the Board of County Commissioners for approval. He advised that the Local Planning Agency should communicate their desires to the Board of County Commissioners in the form of a letter signed by the Chairman, if appropriate. Mr. Lounds stated that he was confused as to why it went to the Board of County Commissioners prior to it being revised and brought back to them. He continued that he felt the intent with regards to that recommending denial of the ordinance was so that Staff would work to make some revisions and then bring it back to the Local Planning Agency prior to getting to the Board. He advised that he would agree to having a letter sent to the Board of County Commissioners communicating their desire to have the issue brought back before the Local Planning Agency for review prior to the Board taking any action on the Ad Hoc Committee's recommendations. Mr. Akins stated that he agreed that it should come back before the Local Planning Agency. Mr. Matthes questioned whom the Ad-Hoc Committee was comprised of. Mr. Kelly stated that the Board of County Commissioners stated that those who were interested should form this committee and work out the issues, but did not make any specific appointments. A member from the public stated that they felt Mr. Jerry James should be the chairman. The Board stated that it would be up to them to determine who would be a part of the committee. Mr. Matthes questioned if anyone who would like to participate on the committee should contact Mr. James. Mr. Kelly confirmed that they could contact Mr. Jerry James. Mr. Trias questioned if there was an alternate proposal being discussed right now. Mr. Kelly stated that there is nothing being proposed or discussed officially by County staff since the Board turned it over to the Ad Hoc Committee. Mr. Trias stated that he would prefer that Staff prepare something that the Local Planning Agency could discuss and then forward to the Board of County Commissioners. Mr. Kelly stated that once they receive some information or suggestions back from the Committee they would react to it but didn't feel it was productive to write something new while that effort is going on. Mr. Grande stated that he would propose a change to Section 7.02.00 to help solve the clustering concerns expressed by owners of large tracts outside of the Urban Service Boundary. He continued that he felt it would maintain the integrity of the land use planning envisioned by the planners, while allowing for the benefits of Planned Unit Developments (PUDs). He stated that he would propose that all properties zoned PUD or proposed for change to PUD retain the Lot Size Requirements and Dimensional Regulations that applied to the applicable zoning immediately preceding the zoning change to PUD. He also stated that he felt this change would P & Z Meeting Apri117, 2003 Page 6 P?~ ~ a, !°`4' `1 n f,~A€~~ s y' ~4~r., .•,a~.J.,;.._. :.a r?.. ui16: ,y 1"4,+6 ensure that clustered lots in PUDs changed from AG-5 (Agricultural - 1 du/ 5 acres) zoning would .still require a minimum lot size of 217,800 square feet, a minimum width of 150 feet with a minimum of 60 feet of road frontage, the applicable front, side, rear, and .corner setbacks, and a maximum lot coverage of 10%. He continued that proportionally, the same limitations would apply to all PUD clusters based on the old zoning. Mr. Grande stated that where beneficial, exceptions could be made by simply preceding the .zoning change to PUD with a zoning change to an existing zoning classification that would meet the site plan requirements if said site plan was actually in the best interests of all concerned. He continued that this exception process would be similar to the current processes of back-to-back land use and zoning changes and/or back-to-back zoning changes and conditional use applications. He also stated that with this process those site plans, or potential cluster designs that would drastically change the anticipated character of area development would either be prevented or they would require special attention and exception handling. Mr. Matthes stated that he mostly agreed, except that he had a problem for property that is outside of the Urban Service Boundary because they cannot have smaller than 2 1/2 acre lots because of on-site water and septic. He also stated that he would like the 35% open space to be able to be private and public ownership in order to be able to develop. Mr. Grande stated that the confusion is with drainage areas and he feels there is no reason why that shouldn't be able to be considered part of the common open space requirement. Mr. Matthes stated that he believes an open retention is. Mr. Akins stated that he felt they needed to have some official discussion and make sure to tell the Board of County Commissioners that they want to see all the information again before they make any decisions on the issue. Mr, Trias questioned what problem is trying to be solved? Mr. Kelly explained that 10 years ago the Comprehensive Plan was reviewed and found to be non-compliant because DCA felt the western portion of the county was not adequately protected from sprawl. They requested that language be added to the ComprehensiverPlan to bring it into compliance, which in turn made it inconsistent from the wording in the Land Development Code. Mr. Kelly continued that the word "common" in the Land Development Code is the conflicting issue and the term "clustering" in the Comprehensive Plan is not defined anywhere. Mr. Trias stated that he thinks the common requirement should just be dropped. Mr. Jones stated that he felt the Land Development Code should just be changed to limit the requirements to only those areas within the primary urban service district. Mr. Merritt stated that the Comprehensive Plan uses the word clustering and that is a major conflict, as written. He also indicated that the Comprehensive Plan has a conflict that imposes PUD's at 10 units in one place and 4 units in another. Mr. Kelly explained that the 4-unit language that was part of the Goals, Objectives and Policies (GOP's) would take precedence over the 10-unit language because it was only part of the data and analysis and wasn't adopted. Mr. Merritt stated that his attorney advised him that the zoning ordinance would take precedent over the Goals, Objective and Policies (GOP's). He also stated that he would like each of the members to review a copy of the GOP's that is held in the Community Development Department. P & Z Meeting Apri117, 2003 Page 7 i ~ A M i Mr. Hearn stated that he thinks t need to make it clear to the Board of County Commissioners that they want to make a thorough review of the information provided by the Ad Hoc Committee prior to the Board of County Commissioners making .any decisions. He continued that he believed their intent when they voted on the ordinance previously was to have Staff reconstruct the ordinance -and re-present it to the Local Planning Agency for their review, prior to it being sent to the Board of County Commissioners for decision. Mr. Hearn made a motion to have a letter drafted to the Board of County Commissioners on .behalf of the Local Planning Agency, signed by the Chairman, requesting that the Ad Hoc Committee present their information to the Local Planning Agency for their review and-study prior to being presented to the Board of County Commissioners for action. Motion seconded by Mr. Grande. Upon a vote, the motion was unanimously approved (with a vote of 8-0). Note: .The letter was drafted, signed by the Chairman, and sent to the Board of County Commissioners on April 18, 2003. A copy is attached to these minutes. Mr. Kelly stated that another issue that was presented by Mr. Grande in his email was a clarification to Section 11.09.03 -Vested Rights, which he will review to bring to them at a later date. He also stated that Mr. Grande pointed out a typo and a bad reference within the Land Development Code that would be corrected. Mr. Grande stated that that the tables in the Comprehensive Plan and Land Development Code relating to density have differences. He continued that when these things happen he feels an effort needs to be made to research .the error immediately and bring it forward to have it corrected right away. Mr. Kelly explained that Scriveners errors are easier to correct, but any interpretation issues need to be fully discussed and approved through the process prior to any changes. Mr. Grande stated that he felt any inconsistencies that are observed should automatically initiate the process. Mr. Lounds stated that he didn't have a problem with that if it simplifies the issues for the county. ' Mr. Kelly advised that there have been some issues regarding air curtain incinerators and that may need some discussion. Mr. Lounds questioned what the problems with this issue were? Mr. Kelly explained -that currently they require a rezoning to U (Utilities) and then a conditional use permit to allow the use of the air curtain incinerator. He stated that they were considering taking a position where a conditional use permit alone would be done instead of both. Mr. Hearn stated that he feels there are some other issues that need to be addressed. He continued that he feels the PNRD (Planned Non-Residential Development) process needs to be considered more often and that basic rezoning requests are the wrong way to solve the applicant's need. He advised that he and the surrounding property owners would feel more secure if they submitted under a PN1ZD and have a specific site plan for their project. Mr. Lounds stated that he agrees and thinks that doing it the way they have been causes problems years down the road. Mr. Grande stated that these issues are becoming more common. He continued that with the Sarkar petition they had recommended approval unanimously but the Board of County P & Z Meeting April 17, 2003 Page 8 . yF e a ~~~r Commissioners denied the application because they wanted to see a PNRD request instead. He advised that he would like for Staff to make sure that the applicants have all the information for the option of submitting a PNItD rather than a basic rezoning request before bringing it to them. Mr. Merritt stated that they are an advisory board only and if they start changing the code they will end up with more headaches than they will cure. Mr. Grande stated that he was not implying making changes to the code, just to make sure that Staff offers all of the options to the applicants. - Mr. Hearn stated that with the rezoning process the way it is currently, adjoining property owners go through a very nervous and strenuous time in figuring out how to best. approach the applicant when there is no concrete plan that they have to abide by. He continued that with the PNRD and PUD processes the neighborhoods would have more assurance of what a particular applicant can and cannot do with the property. Mr. Trias stated that he felt this was a complex issue and that outside advice and a study should be considered with regards to these issues. Mr. Grande stated that he agreed with Mr. Trias and that sometimes the LPA (Local Planning Agency) overcomplicates the issues sometimes. Mr. Hearn stated that he was trying to simplify the issues by suggesting that PUD's and PNRD's be used more often. Mr. Grande stated that the Local Planning Agency uses a 1/4 of their meetings to review Land Development Code and Comprehensive Plan issues. Mr. Merritt questioned if the Comprehensive Plan had to be reviewed every two years and if there was a regular review period for the Land Development Code. Mr. Kelly explained that it has afive-year review period. He continued that he agreed that it might be helpful to have a regular review process of the Land Development Code as well, but currently there isn't one. Mr. Akins questioned what the status was of the consultants and the urban service boundary in the Kings Highway area. Mr. Kelly explained that the consultants were holding a Consensus Building Workshop on the 29th of April with regards to the Urban Service Boundary Study. He also stated that they would like to have several members of the Planning and Zoning Commission/Local Planning Agency attend that workshop. He advised that it would be from 9:00 a.m. to 4:30 p.m. at the IRCC Conference Center in St. Lucie West. P & Z Meeting Apri117, 2003 Page 9 r t ~ - a , v.... OTHER BUSINESS/DISCUSSION: i14 iy3Pb~.~.s+:'~'LS 7~i u~'`~~ri~~{~ Next scheduled meeting will be June 19, 2003. AD.TOURNMENT Meeting was adjourned at 8:20 p.m. Respectfully submitted: Gilmore, ecretary P & Z Meeting Apri117, 2003 Page 10 JL>E CpG [30ARD OF COUNTY ~ ~ ~ COMMUNITY COMMISSIONERS ~ DEVELOPMENT DIRECTOR April 18, 2003 ~OR10 Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982 - RE: Agricultural Planned Unit Development -Land Development Code Modifications Dear Commissioners: During the April 17, 2003 Local Planning Agency (LPA) public hearing, the.LPA Members discussed a number of issues that have been proposed during the past year. One of the issues of interest to the LPA Members was a discussion that took place during the Board of County Commissioners' (BOCC) March 18, 2003 public hearing. Mr. David Kelly, Planning Manager, informed the LPA Members that the Commission, prior to any action on the proposed agricultural subdivision text amendments, recommended that a voluntary Ad Hoc Committee be formed to provide input and possible alternatives to the BOCC prior to any action on the proposed language. On January 16, 2003, the Local Planning Agency (LPA) reviewed the proposed Land Development Text Amendment prepared by Community Development Staff. At the public hearing on this matter, after much discussion, the LPA forwarded by a vote of 7-1 the text amendments to the Board of .County Commissioners with a recommendation of denial. The intent of the LPA, as strongly emphasized in the minutes of the January 16, 2003 Local Planning Agency meeting, was that the BOCC direct County Staff to revise the proposed language and that the revisions be brought back to the LPA for further review and comment. It is the LPA's understanding that, at the March 18, 2003 BOCC public hearing, the Board recommended that the voluntary Ad Hoc Committee provide the BOCC with alternatives or potential solutions for the issues regarding development in the western agricultural areas of St. Lucie County. During the April 17, 2003 LPA public hearing, the Local Planning Agency requested that I prepare this letter on their behalf requesting that, prior to the BOCC taking any action on any new language proposed by the Ad Hoc Committee, that the language be remanded back to the Local Planning Agency for its review and comment. Please consider this letter a formal request from LPA review. Thank you for your consideration. Sincerely, F.d Merritt Chairman, Planning and Zoning Commission EM/dvg JOHN D. DRUHN, Disrricr No. 1 DOUG COWARD, Disrricr No. 2 PAULA A. LEWIS. District No. ~ FRANNIE HUTCHINSON, Disrricr No. 4 CLIFF DARNES, District Nc. 5 County Administrator - Oouglos M. Anderson 2300 Virginia Avenue Farr Pierce, FL 34982-5652 Administration: (772) 462-1590 Planning: (772) 462-2822 GIS/fechnical Services: (772) 462-1553 Economic Development: (772) 462-1550 Fox: (772) 462-1581 Tourist/Convention: (772) 462-1529 Fox: (772) 462-2132 Recommendations from Agriculture Property Owner's Committee to Staff and County Commission The Property Owner's Committee makes the following recommendations unto County Community Development Staff, the Planning and Zoning Board and St. Lucie County Commission regarding draft ordinances proposed under 03.005 and 03.006 and other issues arising there under. Recommendations: 1. The Committee recommends denial of proposed ordinances 03.005 and 03.006. 2. The County's comprehensive plan be amended to delete policy 1.1.2.2. (4 Unit PUD threshold). 3. That in Lieu of the above deletion existing land use categories found in 1-2~~AG-5) of the comprehension plan remain in place and control PUD threshold under the following existing language. "All residential development proposals in excess of 10 units must be approved through the Planned Unit Development (PUD) process as provided for in the Land Development Regulations." That existing comprehensive plan future use designation for Agricultura12.5 contained on page 1-25 of the comprehensive plan remain unchanged. 4. That counties comprehensive plan 1.1.2.3 sub section (C) be deleted as conflicting with above recommendations. 5. That common open space as presently defined under county codes, building codes and comprehensive plans be exempt and deleted from those areas of the County with a future land use of AG 2.5 and AG-5. That present defined "open space" continue unchanged. 6. That unit or parcel clustering under County development code and comprehensive plan and/or PUD requirements be exempt as a mandat~y development requirement for those areas of the County designated AG 2.5 and AG-5 of comprehensive plan and/or development code. 7. Supplemental to committees recommendation substituting 10 unit threshold in Lieu of 4 unit threshold committee would direct staffs attention to curb cuts with a recommendation that excessive curb cuts adjacent to high traffic streets i.e. Orange Avenue etc. be addressed with parallel roads etc. 8. Family Farm exceptions to platting and other code requirements in present AG 2.5 and AG-5 land use categories. The committee has not developed a specific recommendatio and welcome staff input nevertheless, it is Committees desire, to see development of parcels upon agriculture lands to permit homestead development of family members related by blood, marriage or adoption for use solely as a homestead. Placing this procedure under board of Adjustment with specific criteria would be suggested or alternatively allowing Family Farm homestead to come under specific flag-lot criteria exceptions. The comprehensive plan density limits would remain in place. 9. Committee would request to remain involved with the process. This includes actively working with staff to furnish property owners input at all levels including Regional Planning Council-D.C.A. staff meeting and hearings. Respectfully submitted, dated April , 2003 r" Je Ames a' an Committee Members: Joey. Miller Jim G. Russakis Adams Ranch: Mike Adams 0( Bud Adams Jerry James-Chairman Ovide Vachon?, Matthew Wynne Jeff Furst-SLC Property Appraiser Craig Linton % Evans Properties Toby Long % St. Lucie County Sheriff it Planning and Zoning Commission Review: 05/15/03 J~ _ - ~ File Number CU-03-006 • • MEMORANDUM - DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Planning and Zoning Commission FROM: Planning Manager DATE: May 8, 2003 SUBJECT: Application of Choice Pest Management, Inc., for a Conditional Use Permit to .allow the operation of a disinfecting and pest control service in the CG (Commercial, General) Zoning District. (File No.: cu-o3-oos) LOCATION: 6964 Heritage Drive EXISTING ZONING: CG (Commercial, General) FUTURE LAND USE: COM (Commercial) PARCEL SIZE: 0.85 acres PROPOSED USE: Disinfecting and Pest Control Service SURROUNDING ZONING: RS-4 (Residential, Single-Family - 4 du/acre) to the west. CG (Commercial, General) to the north, east, and further south. PNRD (Planned Non-Residential Development - St. Lucie Oaks) and PUD (Planned Unit Development - St. Lucie Oaks) Zoning is located to the south and southwest. SURROUNDING LAND USES: The general existing use surrounding the property is commercial and some residential. The Future Land Use Classification of the surrounding area is COM (Commercial) to the east and south. RU (Residential Urban) is to the west. RM (Residential Medium) is to the southwest. FIRE/EMS PROTECTION: Station #3 (250 West Prima Vista Boulevard), is located approximately 5 miles to the west. UTILITY SERVICE: Water and sewer facilities are provided by an on-site well and septic system. H -.May 8, 2003 Subject: Choice Pest Management; Inc - Page 2 File No.: `CU-03-006` TRANSPORTATION IMPACTS RIGHT-OF--WAY ADEQUACY:: The existing right=of--way for Heritage Drive is 60 -feet, SCHEDULED IMPROVEMENTS: None. TYPE OF CONCURRENCY DOCUMENT REQUIRED;- Certificate of Capacity . i STANDARDS OF REVIEW AS SET FORTH IN SECTION '11.07.03, ' ST. LUCIE .COUNTY LAND DEVELOPMENT CODE In reviewing-this application fqr the proposed conditional use, the Planning and Zoning Commission shall consider and make the following determinations:. 1.` Whether the proposed 'conditional use is in confficf 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 disinfecting and pest control services as conditional uses subject #o Board of County Commission approval. 2: Whether and -the extent to which the proposed conditional `use would -have an adverse impact on nearby properties; The proposed .conditional use is not expected to adversely impact. he ' surrounding properties. 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 existin development has: water and sewer g ervice provided by an on-site well and septic system. 4. Whether and the extent to which the'proposed conditional use rnroiuld result in significant adverse impacts on the` natural environment;. The proposed conditional use is not anticipated to create adverse impacts on the j natural environment. All environmental regulations-must be observed. , ~ May 8, 2003 Subject: Choice Pest Management, Inc Page 3 File No.: CU-03-006 COMMENTS The applicant, Choice Pest Management, Inc., has applied for the requested conditional use in order to operate a disinfecting and pest control service in the CG (Commercial, General) Zoning .District. Disinfecting and Pest Control Services are allowed as conditional uses in this zoning district subject to the approval of the Board of County Commissioners. Choice Pest Management, Inc. is licensed through the Department of Health and Rehabilitative Services (HRS) -Division of Certification and the Department of Environmental Protection (DEP). HRS monitors the business operation and licensing requirements. These requirements include training and testing of personnel in the proper use and correct handling of various pesticides. DEP monitors the disposal of any hazardous waste materials and ensures that it is disposed of properly. 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 hf cc: County Administrator County Attorney Brenda Hefty Dale Mauro File 1 Suggested motion to recommend approval/denial of this requested conditibna( use:: MOTION TO APPROVE: AFTER -CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS., AND THE. STANDARDS OF REVIEW AS SET FORTH -IN SECTION 19.07.03, ST. LUCIE .COUNTY. LAND DEVELOPMENT CbAE, J HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMENp THAT THE ST. LUCIE COUNTY BOARD OF' `COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF CHOICE PEST MANAGEMENT, INC., FOR A CONDITIONAL USE " .PERMIT TO ALLOW FOR THE OPERATION OF A PEST CONTROL. SERVICE IN THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT, BECAUSE... {LIST CONDITION(S)] MOTION TO .DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF .COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN .SECTION 11.07.03, ST. LUCIE ;COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING. COMMISSION RECOMMEND -THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF CHOICE PEST MANAGEMENT, INC., FOR A CONDITIONAL USE PERMIT TO ALLOW FOR THE OPERATION OF A PEST CONTROL SERVICE IN THE CG (COMMERCIAL, GENERAL) ZONING .DISTRICT, .BECAUSE... .[CITE REASON(S) WHY -PLEASE BE SPECIFIC] Section 3.01.03 Zoning District Use Regulations , { S. CG COMMERCIAL. GENERAL' 1. Purpose The purpose of Phis district is to provide and protect an environment suitable for a wide variety ~r commercial uses intended to serve a population over a large market a[ea, which do not impose- - undesirable noise, vibration, odor, dust, oroffensive-effects on the surrounding area, together with.. such other uses as may be necessary to and compatible with general commercial surroundings. The number in "Q" ..following. each identified use corresponds. to the SIC code reference described in Section 3;01.02(6). The number 999 applies to a use not defined under-the SIG code but maybe: further defined in Section 2.00:00 of-this code. _ 2. Permitted Uses ~ _ a. Adjustmentlcollection & credit;reporting services ~az1 b. Advertising ~3,~ c, Amphitheaters ~sssr d. Amusements & recreation services -except stadiums, arenas, race tracks, amusement parks and bingo parlors psi e Apparel & accessory stores tss~ f. Automobile dealers {ss~ ~ g, Automotive rental, repairs & serv. (except body repairs) ns~sa.vsa~ h: Beauty and barber services pzsnza~ i. Building materials, hardware and garden supply rsz~ ~ , j. Cleaning ervices »as> k. Commercial nntin rsssr P ~ 9 , ~ 1. Communications -except towers lacy m Computer programming, data processing & other computer serv. n3z~ ni Contract construction serv. (office & interior storage only) ~s.;w,n o, Cultural activities and nature exhibitions tssst` p Duplicating, mailing, commercial art/photo. 8~ stenog, sere: pmt q- Eating places cse» r," Educational services -except public schools re2~ s. Engineering, accounting, research. management & related:services.ca>> I t. Equipment rental and leasing services crssf u: Executive, legislative, and judicial functions ts~~sz~~sags~sws>> ' v. Earm labor and management Services io~s~ j w: Financial, insurance, and real estate tsars~~v6~sarssrsz~ I x. food stores t~~ , y. Funeral and crematoryservices nzs~ I z. Gasoline service stations tssa~ aa, General merchandise stores rs3~ bb. Health services teo~ cc. Home furniture and furnishings s>> dd, Landscape &-horticultural services torah . ee. Laundry, cleaning and garment servicescz,~ i, ff: Membership organizations -except for religious organizations as provided <In Section - 8.02.01(H) of this code ces? gg. Miscellaneous retail (see SIC Code Major Group 59): (1 j Drug stores css,~ ' Adopted August 1, 1990 118 Revised Through 08!01!00 Section 3:01.03 Zoning District Use Regul2tions (2) Used meretjandise stores ~ssat (3.) Sporting goods ass<,~ (4) Book & stationary cs9az~ssa~r (5) Jewelry csvaa! (6) Hobby, toy and games Issas! (7) Camera & photographic stagplies cssaer (t3) Gifts, novelty and souvenir tssarr (9!) Luggage & leather goods. tss,et - {1Q) Fabric and mill products csxsr (11) Catalog, mail order and direct selling tsss,~sss3~ (12) Liquified petroletam gas (propane) cssear (13) Floristscsssz! - (14) Tobacco css93~ (15) News dealers/newsstands (s99ar {16) Optical goods cssss! (17) -Misc. retail (See_SIC Code for specific uses) ~ssssr hh. Nliscellaneou. s personal services (see SIC Code Major Group 72): (1) Tax return.services rn~r (2) Misc. retail (See SIC Code for specific uses) c~z9s~ ii. Miscellaneous business services (see SIC-Code Major Group 73): (1) Detective, guard and armored car services d~e,r `(2) Security system services Wit' (3) News syndicate ci~r (4) Photofinishing laboratories r (5) .Business services - r>'tisc. ~~e9r jj. Mobile home dealers ~sz>> - kk. Mobile food vendors (eating. places, fruits &vegetables-retail) ~sssr II. Motion pictures far - mm. Motor vehicle parking,- commercial parking' & vehicle storage: ~szr nn, Museums, galleries and gardens~e,~ oo. Personnel supply services ~3e! r PP: Photo finishing services ~~s4~ 4q- ~ Photographic services r~zzr rr: Postal services caa! ss: .Recreation facilities teas! tt. Repair services. net uu. Retaii trade-indoor display and.sales only, :except. as provided in Section 7.00:00. csssr vv. Social services: (1) Individual & family social services (e32re3sr (2) Child care services ceasr (3) Job training and vocational rehabilitation services cep! ww: Travel agencies ca~z<~ xx. Veterinary-services coz<! 3. Lot Size Requirements LQt size requirements shall be in accordance with Section 7.04:00. Adopted August 1, 1990 1.19 Revised Throuyh Ofli01/00 ~~:Ctinn :3:01:03 Zoning Uisttict Use F2egulations i ~ k 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 7A9.00 7. Conditional Uses a. Adult establishments subject o requirements of Sec. 7.10..10. ts~> b. Drinking places (alcoholic beverages) -free-standing. tse,3> c. Disinfecting &:pest control services. tr~az - d. Amusement parks. assn e. Go-cart;tracks, ~ss9~ f Hotels & motels..~o,~ ; g. 1-lousehold goods warehousing and storage-mini warehouses ts9s) h; `Marina -recreational boats only. tus3> is Motor vehicle repair services--body repair.; ~ss~ j, Sporting. and recreational camps. nosz~ k. Retail trade: (1) Liquor stores.lssz~ k. Stadiums, arenas, and race tracks. csa~ L Telecommunication towers - subject' o the`standards of Section 7.10..?. tsn.~a> 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00,00, and'inclut>t:. . : a. Drinking;places (alcoholic beverages as an accessory use tq a restaurant and/or civic, social, and fraternal organizations). b. One single-family dwelling unit contained within .the commercial bi~ildinct,_c~r a dptnched ..single-family dwellingor mobile home. (for on-site security purf~oses). c. Retail trade: (1) Undistlled alcoholic beverages (accessory to retail sale of food).. Adopted August 1, 1990 120 Revised Through 08/01/00 z •1__•. ~ , ~ ~ ~ ~ ~ g ~ ~ `°s~ f t a~ ~ ~ ~ ~ x ~ ~ U ~ ~ ~ y ~ N p •O ~ ~ P ,o ~ ~ S U ~ ~ 0 C ~~o ~ W 9 v ] _ Z C fY P N ~.N ~ Y7W N)AO G ,yF« ~ ( ~ It ~~p Nr 1 y3~ P / ~ ,o Std' a ~ Y~ MV ~ ~ O i ~ ~v ii i I ~ S19 i ~ ` 1 ~~Y ~ . if Q i i ~ a _ ~ ~ ti - w w ~ ~ ' • ~ `P ~~'nc~Y'KiOxR`~ _.OMpY-lYIM Y01.(tI ~ M ~ ~ I ClL A~ t7Mn flL ~ '!t~' ~ ~ - 9 +-i ~ ovoY ~~x g U O _ _ J~ - ~ £ d1 - W -YY(3hV - MOSY713 ~ _ n.[ W OVOtl W1fMd' / \ V U r°~i b' ~ ovoY.Noisiiiar - ' ~ a vii /n~~ 0 ?b rc m i _ w \ _ L.L -~OiOY-OW93~YOw - O1 'oi0u - iYr. 0110Y NLnSY)OIN 3 ' Z - 0 ~ Z U i ~ ~ i as NYMS O -aa 1~bus.ar< w I 3 ~ 0x011 1vNq Yl0v3N Z F ~ W ~ ~ W 7N07)N 1v3G1 W m ~ ~ Q ~ N ~ n NOlll?~ ~ i S 0011 03M - OvOY ~ K-) nNr) ~ \ Z £ VNV i i i i i~ ~ Y W / W H ~ ~ M n i . i ~ ¢ ¢ fE~Q - / ,,s - I S Y£ 1 S SC 1 S 9f 1 J.1.Nf100 3380H~33~10 `s Choice Pest Mana ement, Inc. g /J2 l33 IJI l35 /J6 IS7 5 !3! Terrace 2 ~ 5 ~ !39 J 6 9 ~3 OC J 6 'p Williamsburg Way . c 2 ~3 , ~z ~ ~ O N ! 8 - l5 ~ 0~~6 _ 0 0.69 > Sondberg Lane ~ ~ _ _ 5 ~ 0"~4 ° 0.97 ~ ~ -x'0.05 ~ 0 0'.24 n o 1z8- - _ a~ I !59 3 'Q~ ~ 0`.28.: _ 0:64 g 0.36 2 ~ B ~ - 0.5~, ~ Q.1 0:~5 x.25 LJ 2.25 :,0.19 0~4 ' - !56 Dickinsory _®_99 y ~ i ' q~+ a 10.19 l55 !51 l53 !52 X151 !?p O.IIK7 ~_J.2l=LI::.LI ' 1 ' N. S. I~. R. D. D. Copal No. 28 = ~ Canol No. 28 ~ t!i ;0.15 ' . 1.55 -5:06 ~ i 1.89 X0.20 ' 1 1 1.12 ~ ~ ~ ~ 25 2~ 2J CU o3-ooh 500' boundary ~ This pattern indicates Map prepared Apri115.2003 subject parcel ihia map tas been oanMbd lar penerel plercin0 .M reference pupoees a+y. Wlik eery eXOn pea been made to pravlde the nget current end eOWrale infomNeon poss~Dk. n a rot inlerded br use ae a kG~M ~~0 A Petition of Choice Pest Management, Inc., fora Conditional Use Permit to allow the operation of a pest control service in the CG (Commercial, General Zonin District. 1J2 l33 /Jt /JS /J6 /J7 t 5 Terroce 2 I 5 M /J9 J 6 9 ~tJ OC J 6 /~0 ~ ~ Williamsburg Way z ~ ~2 . U /4/ ~ N , 8 7 IS ~ !I2 ~ ~ > n Sandberg Lane ~ - - /iJ U ~ l8 ~ 5 6 r~l Q~ N U /II ' a 81 I o J 7 y L l9 /~5 ~ N 2 B H6 1 1 ~ ~ 158 9 I / b 9 I /2 z b ,~9 U r56 Dickinson ,I ~p , 21 ~ /5~ /SJ l52 /5/ 15p M9 155 1121=L I~L I ~ p N. S. L. R. D. D. Conol No. 28 Conol No. 28 _ (n ~ ~ f 2a 2' ~ ~ ~ ~ n z~ 2J i I C U 03-006 ~ This pattern indicates Map prepared April l5, zoos subject parcel m, ~ ~ ~ ~ w~ .n~ ~ ~ lu ,rq,ICe ~ ~ ~ N iMOrmatian poseiWe, it is nd NerWetl la uae av a bpelly ~+~q Choice Pest Mana ement, Inc. Land use /32 /JJ /JI /JS IJ6 /J7 t 5 /J/ Terroce 2 ~ 5 ~ /J9 J ~3 O J 6 6 9 ~ ~ "0 Williamsburg Way z ~ ~ , U la ,6 p / ~ N C~ II2 N ~ > n o Sandberg Lone L _ - ~ /4J ~ U ~ ~ ~ ~ - o 5 6 U ICI ~ " C C O M O X60 ~ 8 1 I ~ _ 3 ~ N t' /t5 I ' 159 ~ ~ /3 2 B l~6 n ~ ~ 158 9 / a 9 /q I I /2 z AD /57 ~1 U ,5~ Dickinson , ~ 1~12LL15L1 T b ~ 15t 15J /52 /5J ~5p It9 i ~ N. S. L. R. D. 0. Conol No. 28 = Conol No. 28 RM CO M 28 R M COM ~ / - ~ RU 2, 2J c u o 3 -0 0 6 ~ This pattern indicates Map prepared April l5, zoos subject parcel ,t:e m~ hey ~ ~ t~~e~ ~ N While eery anon has been mane to proNae the most pneM ene ecaxete inlatmetion Dp55i0k, n is nol inlenAen br use es a iepalN hinWnp Uoaxnenl. Choice Pest Management, Inc. Zonin /J2 IJJ rJI /J5 !J6 r.T1 5 rJr Terrace z ~ 5 N l39 J J 5 6 9 IJ Oc r~0 c ~ Williamsburg Woy ~ J[ 2 ~ v ni 0 ~ r e ~ rs ~ a2 N ~ > n O C G Sandberg Lane ~ ~ Y aJ ~ V n ~ re O J 7 N •L g M5 U N l59 ~ ~ - - - /J 2 8 r~6 I ~ ~ r58 9 r q 9 ra III 'I' r2 z A~ rs>' ~ U r5r, Dickinson r*e X55 r5~ r5J r52 r5r r50 rI9 (%l2~ IJ ~ ro ~ I N. S. L. R. D. 0. Canol No. 28 Conal No. 28 R M-g RD ~ CG PUD CG 26 25 2t 2J 0 0 0 3-0 0 6 ~ GIS This pattern indicates Map prepared April l5, 2oos subject parcel ~ ~ ~ ~ ~~v~~ ~ ~ N mlorrnefi0n Posside. a o na iYen0e0 fa use es a Iepely ~q Cowrner.. Choice Pest IVlanagement, Inc. ~ ~ ~ r ' 7 3 . ?3 1 t • • ~ 1 ~.7EaeFe31. - - ~i ~ s ~ 1 mss' i_: _~~S..a~.: - ~ ~ ~ :9'71'x.: 1, 1.f1 ~ r . w 'f +e?. • Y ' • f:.~~ ~ :r ~ i ti d',,~> • III `~j 1~~ III i _a ~ C U 03-006 ~ GIS r - This pattern indicates Map prepared April l5, 2003 subject parcel ~ ~ ~et e~ r~~e~e N NTib eery af10r1 tas Deee nacre Ia OrovNe ere most wreM erW ecwete rtlormetion p0ui01e. a rs rol Ytter%1BG for use es a bpafy binOKq QOLUtarlt. ~ AGENDA -'PLANNING & ZONING COMMISSION 99W`~. ~ - _ • ~ , May 15, 2003 7:OO P.M. CHOICE PEST MANAGEMENT, INC.; has petitioned St: Lucie County for d Conditional: Use Permit to allow the operation of a pest control service in the CG (Commercial,: General) Zoning District for. the following described property: Location: 6964 Heritage Drive.' Please note that all proceedings before the Planning and Zoning CommssionlLocal Planning Agency 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 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 fearing 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 May S, 2003.::.. Legal notice was. published in The News: -and The Tribune;. newspapers' of general circulation in St. Lucie County, on May S, 2003.- File No. GU-03-006 c ~ JL~E CpG 130ARD OF COUNTY ~ ~ COMMUNITY COMMISSIONERS ~ ; ~ DEVELOPMENT ' P' D I RECTO R May 5, 2003 ~OR1o In accordance with the St. Lucie County Land Development Code, you are hereby advised that CHOICE PEST MANAGEMENT, INC, has petitioned St. Lucie County for a Conditional Use Permit to allow the operation of a pest control service in the CG (Commercial, General) Zoning District for the following described property: Location: 6964 Heritage Drive. 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 May I5, 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 adate-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 772/462-1582 if you have any questions, and refer to: File Number CU-03-006. Sincerely, S~T.'L/~UCIE COUNTY PLANNING AND ZONING COMMISSION G~ ~G~~ Ed Merritt, Chairman JOHN D. ORUHN. Disrricr No. 1 DOUG COWARD, District No. 2 PAULA A. LEWIS, District No. ~ FRANNIE HUTCHINSON. Disrricr No. 4 CLIFF DARNES. District No. 5 County Administrator - Douglos M. Anderson 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Adminisrrorion: (772) 462-1590 Plonning: (772) 462-2822 GIS/iechnical Services: (772) 462-1553 Economic Development: (772) 462-1550 Fox: (772) 462-1581 Tourist/Convention: (772) 462-1529 Fox: (772) 462-2132 www.co.st-lucie.fl.us _ i - - I~ ~ ~i -ice 09-. V-'d' :N 00 Q\. N O'r;v1 CT: M MiM - O~ NIP~~iO~O O~ ~ O~ v1( N ~,0 N; N-N' v1 r N. ~ N'O. O OHO, ~O v1:M NIO.oO -1t"S3 •V'~v1 jl;O O; sr.sfM ~t N O~ O~'N'o0 M N'NrN~ t~ Off: V1 NiNIO~IN~NIN V1~v1 a~ I ;M'M: ~.~t h M 00 V' t} N \D ~p+~p N •V':C o0 00<M i ~ OQ NjMlst. - -Ii - ',O O, N:N N ro o0 -r ~O ~:-:b M +vi N N;MI I IN MjN•Mi a.l w : _M . h • ~ : oo ~ oo M ~ o0 00 00 . oo a` ~ gyn..: , ~n I ~n ~ v~ oo ~ oo ,a`.o~. a rn a ~ r-. rn :rnla~Io,' aI~ o~ o,1a~ M . 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M N M: d a N N V N M O O O O O O O.O OO O. 0 0 0 0 O O O OO O O O t~Q O O OO OOO O O O O O O O O OO O O O O O O O.O ~O 0 0 0 0 O O N ^ O~.- RS ~ ~ t~ t~ 1~ I~ 1~ t~ I~ t~ 1~ f~ - t~ t~ N N , N -N v', ~ vl vl vl V`1 vl V'1 Vl vl 4'1 ~ V) ~y vl vl N N N ~ N ~ N ~ N ~ : O V V V V V V' V a 'ct ~ V.O V V d' 'V' V:' V. A ~ ~'-.E"°. M M M'MM M M.M M.M MF" M M.M M~M M.M' .ZONING COMMISSION : • PIISLIC HEARING r AGENDA Met' I5, 2003 ~ ~ '~.:TO W1)OM IT MAY CONCERNS NOTICE is hereby given in I - • accordance with Section 1.1.00.03 of the St: Lucie County Land Development Code and Ihe`provrsions of Ifre SL Lucic Count'. Coco- - ,prelrensive:Plan, tie lollow- ' - ~ ~'•ing applicants. have - _ _ - ..'.requesledthat the 51. Lucie - ^ `County Planning and Zon- iig Commission consider ' choir following requests: - 1: CHOICE PEST MAN- AGEMENT, INC., for a - Conditional Use Permit to ::allow tfia operation of a - - ~ pest mnhol -service in the CG (Commercial, GeneraQ ;Zoning District for the fol- lowing desuibed'property: • LEXINGTON S©UARE, LOT 11 (0.85:AC) Location:.6964 .Heritage Drive. i 2 SCOTT-BROAD. for a Change in Zoning from Mle CN (Commercial, Haigh- bolhood) Zoning Dishicfao the CO (Commerc)rfil, `.Office)'Zoning Dithict:foi 'the following desuibed " property:.. - LAKEWOOD PARK-UNIT 12-A• BLK ;178, lOT 12 • (MAP 13/1.3N)~ (OR 1576.711) Location: 5022. Twnpike FeederRoiid.- ~ • 3. GARV PROPERTIES (Ri= _ chard M::McClure, Agrgtn, j for a Change in Zoning from the RS-2 (Residential, Single-Family: - 2 du/aaea Zoning Diskid ro the CG (Commercial, Genevan Zotr ing.Dithid for the fallowing described properly: 24 35 39 N 1 /2 OF 5~ I 1/4 OF SE 1/4 OF NVJ / AC~(OR 855 2085) - (4.81 . I •locationl 2541 Pefert Road. ~ PWBLIG HEARINGS will be held to Commission Chaco- bws, Roger Poihos Annex. '2300 V'uginib Avenue, foil Pierce,: Florida. on Moy 15, 2003, beginning at 7:40• P.M. or as soon thereafter . os possible. , it Pl1RSUANT TO Section 286.0105, Florida Stahrtes, it ~iF a person'decidei fo , . appeal any decision made it - - - by a board, agenry, - or i commission wth.respedt0 - -_.l _ - - any matter considered of a , meeting or hearing, he will need a recordof the pro- ' ceedings, and that, for tech purposes he may need to 'ensure thaF. a. verbatim record of the piaceedings s made, which record ..includes the testimony-and evidence upon which the appeal is to be bas xl.' . PLANNING AN0 ZON- ; - - ~ - iNG COMMISSION - - - ST. LUCIE COUNTY, FLORIDA /.S/ Ed Merritt, - CHAIRMAN.. - ~ PUBLISH .OATS:. M^ay 5, - : 2003 r d" . "2691516 v r, Planning and Zoning Commission Review.' 05/15/03 _ ' ~ File Number RZ?03-011 ~ ~ ~ • ,r _ MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO Planning and Zoning Commission FROM: Planning Manager • DATE: May 8 2003 SUBJECT:.. Application of Garv Properties (Robert M. McClure, Agent) for a Change in Zoning #rom the RS-2 (Residential, Single~Family- 2 du/acre) Zoning District to the CG (Commercial, General) Zoning District. (File No.: RZ-03-011) LOCATION:. ~ 2541. Peters Road ti EXISTING ZONING: RS-2 (Residential, Single-Farni(y - 2 du/acre) .PROPOSED ZONING:. CG (Commercial; General ' FUTURE LAND U$E; MXD -Crossroads (Mixed Use) PARCEL SIZE: 4.81 acres PROPOSED USE: Recreational Vehicle Sales % PERMITTED USES: ; Attachment "A" =Section 3:01.03(S) CG (Commercial, General) - 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 thaf district SURROUNDING ZONING: RS2 (Residential, Single-Family 2 du/acre) to the north and northeast. RM-9 (Residential, Multiple-Family - 9 du/acre) o the southwest. C~3 (Commercial -31) Zoning to the, east and south is in the city limits of Fort Pierce. SURROUNDING LAND USES: The general existing use 'surrounding the property is some residential and commercial iy 4 'f r`Yt' ' ~ May 8, 2003 Subject: Garv Properties (Robert M. McClure, Agent) ; ..Page 2 RZ-03-011 ; ,y. Thee.. Future Land Use- Classification. of the surrounding area is ` MXD -Crossroads to .the north; northeast, and southwest. FIRE/EMS PROTECTION: Station ` #1 (24Q0 Rhode Island ;Avenue), is located approximately 5.5 miles to thee. east. UTILITY SERVICE: Water and sewer facilities are currently provided by an on- site well acid septic system. Commercial development may require ,connection to fort Pierce Utilities Authority (FP-UA) utilities. TRANSPORTATION' IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of way for Peters'Road is 55;feet. Prior to development approval, an additional 5 feet of right-of- way-will be required. SCHEDULED IMPROVEMENTS; None. TYPE:OF CONCURRENCY DOCUMENT REQUIRED: Concurrertcy Deferral Affidavit. STANDARDS OF REVIEW AS SET FORTH IN SECTION.11.Q6s03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning -and Zoning Commission shall consider and make the following determinations:. 1, Whether the proposed rezoning is in conflict with. any applicable portions of the St. Lucie County Land Development Code; The proposed zoning district is consistent- with.. the St. Lucie County .Land Development Code and specifically: has met the standards of 11.06.03. 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 they RS-2 (Residential, Single-Family. - 2 du/acre) Zoning District to the CG {Gomrnercial; General) Zoning District. The area in which- the subject property is located is designated MXD - Crossroads .(Mixed 'Use) on the future land use map of the Comprehensive Plan. May 8, 2003 Subject: Garv Properties (Robert M. McClure, Agent) Page 3 RZ-03-01,1 The proposed change in zoning is consistent with all elements of the St. Lucie .County Comprehensive Plan. The MXD - Crossroads .Future Cand Use classification of the subject property allow's land within it 'to be designated with CG (Commercial, General) Zoning. 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,.sewagefaciiities, 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 the proposed commercial operation. 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 developedwith asingle-family home. 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. Whether the proposed amendment would be in conflict -with the public interest, and is in harmony with the;p~rrpose and intent of this Code; May 8, 2003 Subject: Garv Properties {Robert.. M. McClure, Agent) .Page 4 RZ-03-011 The. proposed amendment is not in conflict with the public .interest. and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS The petitioner, Garv Properties (Robert M. McClure, Agent), has-:requested this change in zoning from the. RS-2 (Residential, Single-Family - 2 du/acre) Zoning District to the CG (Commercial, General) Zoning District on property located at 2541 Peters Road in order to establish an Recreational Vehicle sales operation on the subject property. :.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 firsf receives approval through the Board of County Commissioners. .Staff has reviewed this petition and determined #hat it conforms to the standards of review as set'forth in Section 19.06.03 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 Robert M. McClure .File , Suggested motion to recommend approval/denial of this requested change in zoning. MOTION TO APRROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED :DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN " SECTION .19.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, ~:f HEREBY MOVE THAT -THE PLANNING AND ZONING COMMISSION RECQMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF GARV PROPERTIES (ROBERT M. McCLURE, AGENT), FOR A:CHANGE- IN ZONING :FROM THE RS-2 :(RESIDENTIAL, SINGLE,FAMILY - 2 DU/ACRE) ZONING DISTRICT TO THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT,. BECAUSE [CITE REASON[S] WHY ~ PLEASE BE SPECIF1Cj. 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 GARV PROPERTIES (ROBERT M. MoCLURE, AGENT), FOR A CHANGE IN ZONING FROM THE RS-2 (RESIDENTIAL, SINGLE-FAMILY - 2 DU/ACRE). ZONING DISTRICT TO THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT, BECAUSE..:. [CITE REASON[S] WHY -PLEASE BE SPECIFIC]. , - ~ ~ r,'~ - ~i.~ Section 3.01.03 Zoning District Use Regulations ' ~ i s. , A( t H - - RS 2 RE D L F M Y-2 SL ENTIAL .SINGE _A Il- M1 1: Purpose i - 7 e h purpose of this district is to provide and protect an environment 'suitable for single family dwellings at a maximum density of'twb (2) 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 "O" following-.each identified iase correspgnds to the SIC-code reference described in Section 3:01.02(6).' The number 999 applies to a use not defined -under the SIC code but may be ftarther defin ed rn Section 2.00:00 of this c de. c i 2: Permitted Us es I a. Family day care homes. b: Tamil, residentaLho es rov'ded t at suc ha I t b 1o fbd w't in m i h h homes s I no a ca t h a radius of Y P , one thousand (1000) feet of another existing such family residential home with and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) - notifies the Board of County.Gommissioners at the time of home occupancy that the home is licensed by HRS. ts~~ c. Single-family detached'dwellings. tai 3. Lot Size Requirements I , L.ot size requirements:`shall qe in accordance with Section 7:04.00.. 4. Dimensional Re ulations g - ~I Dimensional regtirements shall be in accordance with Section 7.04.00, 5. Off-street Parking Requi~ement5 Off-street parking requirements shall be in accordance with Section 7.06:00. 6. Conditional U ses a: family residential homes located within a radius of one thousand (1000) feet of another such... family residential home, tsss> b. Telecommunicationtowers - ubject to the standards of Section 7.1 Q.23 tsss> ; 7. Accessory Uses. I~' Accessory uses are subject to the requirements of Section 8.OO.QO. Adopted August 1, 1990 105 Revised Through 08/01/00 i , . r 4,`. 3 4 ! Ic `R~ i. ~ ~ . ~ ~ a.; ' , Yl Section 3.0.1.03 ~t' , Zoning pistrict Use Regulations j' ' ' 1 i' ,a,:.. r ` ~ S. CG COM ER IA M C L N G RAL- E E 1: Purpose ' , ~ The purpose of .this district is to provide and protect an environment suitable for' a wide variety 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 maybe necessaryto and compatible with general commercial surrotandings:: The number in "O" following each identified use corresponds-to the :SIC code reference described in Section-3:01.02(6). The number 999. ap lies fo a use not defined under'the S C code P I .but may be further d f e fined in Section 2.00.00 of thts Code. 2. Permitted Uses a. A' ~ d ust " ~ ment/collection & credit reporting services tr3z~ b. Advertistn 731t 9 ~I c; Amphitheaters tssst d: A musements & recce at t on services - e c x ept stadiums, arenas, race tracks, amusement parks and bingo parlors pst e. A argil & acc p esso .stores ss P rY t ~ ' f. Automobile dealers.. ss t~ Auto.... o _ 9• m ttv e r nt e a r' arcs I _ e 8, "e p s rv. (except body repairs) t~sl.rss.Zsgt h. beauty and barber services pr.~nzat C, i. Building materials, hardware and garden supply tszt ? ~ j•_ Cleaning servicesr~as> k. Comme~cial,printing,tsss~ I.: Communications -except towers tae> m. Com uter ro rammi P _P 9 n ,data` rote s'n & o 9 P S- t g ther computer serv, part n. Contract:ConStrucGon seer. (office & interior sfarage only) ti5/~s,nt o: Cultural:~ctivities and nature exhibitions tsss> D u I" p• tcati mai ' n Itn P com 9 g, mercial art/ hoto. & to o P n . serv. ~ 9 ' q• Eating places ~ss,i r. Educational services - exce t ' ub i" Ics ch ols e o z P P t > s: Engineering, accounting, research, management & related services sr tt t. E ui inert rent t al and. q P leasing servicts ~ss~ u Executive, legislative, ,and "udicial furtctio s s, n 1 ( xsa~ssiss~s~ I' ~ v. Farm labor and management services torn vv. Financial, .insurance, and real estate,t~o~s„szs~sa„~rt i~ x. Food stores, sa _t > F y. uneral and crematory services (rzsl z: Ga soline service stations tssa>> aa. General merchandise stores ~s3t bb. Health services tsot c c. Home furniture .and furnishings tsr~ dd: Lan d sca e & horticult u cal se P rvices ore t ~ ee. Laundry, cleaning and garment services ~z,> ff. Membership organizations -except for religious yr anizations as rovided m g p Section 8:02.01 of ' th H is code ( ) es t? gg. Miscellaneous retail (see SiC Code Major Group 59): I (1) Orug stores tss,> Adopted August 1, 1990 118 Revi sed Thro i h t OfS/ 1 )1 00 9 f* k>> fS f TJ Section 3.Q 1.03 Zoning District USe Regulations ~ ~ r ~ sT~ . (2) Used merchandise stores tsyot 3 .s S ortn oods Asa ' (4) Book & stationary tssa2~ssa3~ ' ' } (b) Jewelry tseaa> 'Hobby, toy and games,tssasl 7 C amen a & hoto ra i O h c su `lies ssas P 9 P. RP t ~ r , (t3) Gifts novelty and souvenir ts~a~l 9 Lta a e & leather 00 ( S s9e d 999 t_1 9. _ (10) Fabric and milfproducts tssasl 11 Catalo ma"I rd ( ) g, 1 o er and direct selling tsss,rss631 . 12 Li uified etroteum as ro'''an _ ( e s e~ 9 4 R t 9 (P . ~ _P ) 13; FI f ons s s~2 i, c l (14) '.Tobacco tssg3r (15) News dealers/newsstands tsssel (16) Optical goods t5sssl (17) Misc. retail (See SIC Code for specific Uses) tssss~ hh. Misc ells neous e rsona p I services (see SIC Code Major Grou 72 1 P 9 Tax return services 2 , O vsl it (2) Misc. retail (See SIC Code for specific uses) ter ii. Miscellaneous business. services (see SIC Code Major Group 73): (1;) Retectve, guard and armored`car services c,~e,l 2 Securi s st em O ry y services ~ae~ 3 New s nd' ( ) $ Kate 3s3 (7 1 i Y (4) Photofinishing laboratories r.3ea~ {5j .Business services -misc. pass) f JJ• Mobile home dealers is2>> kk. Mobile food vendors eatin laces .fi-ui r ( g P t5 & ve etables retail 9, ) t l ii II. M otion pictures`rsl mm. Motor vehicle parking =commercial parking & vehicle storage.;ps21 nn. Museums, galleries and gardens laai oo. Personnel supply services pas) ; pp. Photo finishing services. t~3sa1 Photo ra hic 4q• g services ~sz P t ~ rr. Postal services; as t1 ss. ecreat' R ion .facilities sss t ~ tt. Repair services crsl ~ uu. Retail trade-indoor dis `la and sales onl exec t rovided i Se i P as n ct on Y 7.00.00. s Y P P t ssl vv. Social services:. {1) Iniividual & fiamily social services teszress~ (2) Child care services tess> (3) Job trainin and vocational reha bllltation servlc s es 9 e ( 3 II~ ww. Travel agencies tan<i xx. Veterinary services toga} 3. Lot SizeReguirements t_ot size requirements shall be in accordance with Section 7.04.00. ~I Adopted August 1, 1990. 149 Revised Through Ofli01/00 II Nf,' I. 4~. 'a . Rjr,' ~'~'Gti~n 3 (1:1.03 ~r ~ C' Zoning Uistiict Use Regulations t t ~ 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 t_andscaping requirements are subject to Section 7.09.00. 7. Conditidnal Uses a: Adult establishments subject to requirements of Sec. 7.10::10. tom) ti, Drinking: places'(alcoholic beverages) -free-standing. tset3~ c. Disinfecting & pest control serVices.'~aaz d. Amusement parks. ~s~~ e. Go-cart tracks.'~sss> f. Hotels & motels, po,) g;' Household goods warehousiijg and storage-mini-warehouses iss~~_ h.'. Marina -.recreational boats only, taas3~ i. Motor vehicle repair services -.:body repair. crs3~ , C' j- Sporting and recreational camps.,roazr k. Retail trade: (1) Liquor. stores, ~sszt _ k.- Stadiums, arenas, andi-ace tracks. ~sa~ 1. Telecommunication towers - stabject to the standards of Section 7;10..?:; c<~.~} 8. Accessory. Uses Accessory uses are subject to the requirements of Section 8.00.00, and incluc~., , ~c a:' Drinking places(alcoholic beverages as an accessory use to a restaurantand/or'uivic, social, and fraternal organizations). b, ` One single-family dwelling unif contained within. the commercial bi ~ilr~ing, car a ~tetrtched single-family dwelling or mobile home, (for on-site security pur~~oses). c: Retail trade: (1) Undistilled alcoholic beverages (accessory to retail sale of food). Adopted August 1, 1990 120 Revised Through 08/01/00 --~•M~~ 2 N ~ U T-- ~ p ~ ~ ~ ~ I ~ ~ p~ ~ c ~ `0s~°~ ~ ~ 83 N _ , c o ~ ~ ~ ~ s LJ.~ µ ~ ~ U ~W $ < ~ ptc N ady' - f' YtiIY'>iI~ E~ ~ P ~ ~ u y~uJ'~ ~ `Y ~ ~ ~ _ ~ L:~' i Dy < ~ ^ yA• I` u ~ ~ ~ W .AR . f ~ ~ ~ ~ ll~ rc ~ Sl9 j ~ Q ~ ~ ~ -~-~w 7 n ~ S 1 _E _ W""ri~?~WR "~7pi~Y11A"1X' d QM~ M ~ recur n ~ ~ a ~ --aws~-lrwawauvrr flL ar syrr L . .gyp. d - - a _ P W A-~~r...~... obi R~ W d1'OY~1161SM~6M~_ OY rp _ _ _ K a K q ~~-all t .........iF70ii..0 W 931BOY"" Z oral 1~Yr]~11 ~ . ~ i -F--l ~ ,Islaoda'-' \ Z U ._s f _ O W ; ~ O mm rw.sl W j~' ~ ~ ~ ~ w anvil trn ~ M ~ ^ Q bras woiinia e ~ oral alsls rc ZQ ___w_ ~ ?aa ~ Z r ~ ~ Y / ~ W W / M~1 / / ~ M~1 / ~,,.J,y.~ r K l I I S hf 1 S St 1 S 9t 1 ,U.Nfl00 3390H~33N0 o, A Petition of Richard M. McClure fora Change in Zoning from the RS-2 (Residential, Single-Family-2 d~.?acre) Zoning District to the CG (Commercial, General) Zoning District. - _ : . _ ~ i _ i _ _ - ~ ~ I-95 ' Ns.~.a.w.M.o. . ~y Avenue cono~No.3s • ~ _ _ N _ o a _ " - - , ~ _ ~ _ I I _ _ RZ 03-011 ~ GiS. ~ This pattern indicates subject parcel _ Map prepared April 3, 2003 ~ This pattern indicates City of Ft. Pierce ° N Yfile wary eXM tact been nude to pwlde Ibe mwt wrtax erq actuate • _ Wormeuon poseAb, d Is not ieenfled br use as • ~N bindn9 dacumeia. sand use Richard M. McClure MXD Crossroads MXD . r ssr ad 0 o s o - =~-~C~::~.. : MXD ~ ~ : sR No. 9 • C~- Crossroads N.S.L.R.W.M.O. ~g Avenue ConolNo.38 • _ ~ • - - - - - n ~ ~ o - - - a o - - - - - - o o - . - . ~ .i ~ ~ - ~ Rz 03-01 ~ ~ This pattern indicates subject parcel G.ISE. ~ Map prepared April 3, 2003 This pattern indicates City of Ft. Pierce N KTile every ellorl hes Oeen metle b piwiGe the nas~ wrrent and aowrete • nlwrtalbn possible, M b nol Intergetl br use a9 . lepety biq'rp aopHnent. Zonin Richard M. McClure _ R S-2 RS 2 ~ r, ~3, . N.S.I.R.W.M.O. ~g Avenue _ CanolNo.38 aye ~ v N - - - _ o O .-~3. o O~ - - ~ . ' F • • , • , , ' ' ' ~ ~ ( I RZ 03 011 ~,-•~y~ ~O -~.,c /v. GIS This pattern indicates subject parcel • Map prepared April 3, 2003 ~ ~ ~ This pattern indicates City of Ft. Pierce `°^'~°'°'°°"°`~p"~° N iAOm~etion possible. M la nol in(e,getl b uae ae s lepeey bixF,y tlxumert. 'fl r~ ~r ~ i 7 ~ ~ l t a , ~ ~~Y tI i r ! ; ti ~ t ~ ~ ~4. f t r I ~ r a ( f ~ v r - _ t`` ~'I 7 , .t ~ r, S t 1 f ¢~1; t ~ ~.1. , . ,r w., < a. 4 t4aY4-! a,wr t V ~!'I; Y 4 Y 4 S V } 4 }f 1 ~ © S Y 4+ S i h k~ B- o..e. q v ..a- ~ tWur~1A d53y: •`f~r ~,ne a-~}.-. ~ * - s-~, t n ~s+ P.~a 'sn 'ti,o~ tYR f ~ -~41t ci ~ t7 y W1 }i~l r 7 ,fit - h, 8 a~ li ~ is r ~ ~ ~ i ~yj ~ Cd w - _ ~ . t ~ jss r 7, o^ ? 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P u e ~„V~ _ 1.. ~ • ~ r-. t d a vhf ~ c . - ~ ` r-- Q 0 ~ t~ i ~ ~,r a I~ , y ts~y~ _ ~ - r 'gy'm Qb+ ~ c } /r. t' fi'7~r' :~i f yi' ~ t. 5 a ®~F~ e et .s~ ;yam i ~ f b~ °tl. y a 4...~ ~ ~ e r r ~ ~ r Z a t A' / j Pe _.'?r~r r7 '~.:.7 r 'b i.~,. tv}ti tr ~ 3 Is!!!~ b ~i `.'sw~lS~ •M~' d.s.1"2.t~a a~k..~'..H.s"l±~ y.M:~Ifn"Ti: T~~i.1~'~r`i•'t.. .1lf .w N.~fi_ 1~5M1 ..w l.. ® A ~ ~ ~ ~ ~ ~ ~ ~ • O ~ ~ ~ ¦ G, i t a ~ ~ 11 '4 r. - s°. ! ~~o F. - .j}. 6:. - ~.:qC, AGENDA - PLr1NNING &~;LONING COMMISSION ~ , _ ,~s~r~~ _ - k,,; • , ~4 e. l~'lay I S~ 2~~~ 3 ` • r - „t H M_, r_~ ~ ~ 7: ~~0 P. M. ~ ~ , ra ~~.t 4-,- , r ,4`~ , GAR P V ROPER IE T S Ric and , h M McClrcre A ent 'has ~ctitioned St. Lucie Courrh or- l ~ 1 :.f - a Chan e in Z , _ ~ , g oning from the RS-2 (Residential, Single-~'crrrrih dulacre) Zoning District tgahc CG,(Commercial, General) Zonin ;District or the ollativin de.rcr~ibed ro er ; g. f f . P P ty ' - Locati on: 2 541 Peters Road. Please note that all... roceedin s be ore the Pla nirr and nin Com i n Zo m ssa n/ cal P S f g g o Lo Planni A e ' ar ~ ng g ncy e electronically recorded. If a erson dcculcs to;q eal an decision made.b PP Y y the Plannin and Zoni~a Commrss' I ton/Local Plannin A en wath r s ect'to an g g g g eT . e p y matter considered I , at such meeting ;or hearing, he will need a record of the, proceedings, and that, for such purposes, , he tnay need to ensure thata verbatim record of the proceedings is,~de, which record includes'the I' testimony and evidence upon which the appeal is o be based. Upon the request of any party tdthe ~i roceedin individuals testi in duri a he P g, fy g ng anng will be sworn in. Any party to the. proceeding will be granted an opportunity to cross-examine. an individual testi in Burin a hearin u on y .~1' g g g P . request. 4Vrrtten comments recerved m advance of the publrc hearing will also be considered. Iii, Prior to this public hearing, notice of the same was sentta all adjacent property owners May 5, 2003. Legal ..notice was. published in The News and The Tribune, newspapers of general II circulation in St. Lucie County,, on May 5, 2003. File No. RZ-03-O11 ' ~I _ _ _ JG~E COIi [30ARD OF COUNTY N ~ ~ COMMUNITY COMMISSIONERS . DEVELOPMENT DIRECTOR May 5, 2003 ~OR~OP In accordance with the St. Lucie County Land Development Code, you are hereby advised that GARY PROPERTIES (Richard M. McClure, Agent), has petitioned St. Lucie County for a Change in Zoning from the RS-2 (Residential, Single-Family - 2 du/acre) Zoning District to the CG (Commercial, General) Zoning District for the following described property: Location: 2541 Peters 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 May I5, 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 adate-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%462-1582 if you have any questions, and refer to: File Number RZ-03-011. Sincerely, ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION l FJd Merritt, Chairman JOHN D. DRUHN. Disrricr No. 1 DOUG COWARD. District No. 2 PAULA A. LEWIS, Disrricr No. ~ FRANNIE HUTCHINSON, Disrricr No. 4 CLIFF DARNES. Disrricr No. 5 County Adminisrroror - Douglos M. Anderson 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Administrotion: (772) 462-1590 Plonning:-(772) 462-2822 GIS/Technicol Services: f772) 462-1553__. Economic Development: (772) 462-1550 Fox: (772) 462-1581 Tourist/Convention: (772) 462-1529 Fox: (772) 462-2132 www.co.sr-lucie.fl. us i, . _ ~D o0 V7'o0 ~DMM M N~N MiN.~N iI !~+[~:N.OiM N N N;,~' 'c~'.N',~"O~N 'cY _ . 00 , O ~ 00 00 V') V'1 N i v) V') v) . 00 ~ 00 MiN O~:.O~Q~ O~'.U O~~O~ U Q\IV OOH M'' ±i "~N M.. 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Y U U t]. i 5 'Lb os c3 ~ v ~ ~qq C ~ Z O~ zU~4~'GA~a~--~v~c~~Q,O n p ~ ~ i.i ~rSM n~ ~~'Mi ~ NIA GOa~~.-+ b' V, O O O kb 0~0~0"O O O O• ~ w i! ~~C O ~ p iS~0~0~0~0~'O~O~O~O~ t~ O'p O~<'~ O[O O C O' ~ 4_""~ k, ~ ir, ~ M ~M M~M M d'. ~i'~Y'croQ~' ~ N"~' ~ i y ~ ~ FI N 'N N N N N N ~ x N II 5 ( _ y~. I A- -~:_H~~N N ~`1~N_ N ,`Y' N N~? y N•~1 N. t? N~~ r"LHIV IVt{Vti'HIVU ZONING CCkAMi5S1ON ~ ' ~ . t ' } 'PUBLICHEARING i ~ ~ 3 ~ , s' AGENDA _ r-.. Mqy 15, 2003 - ~ i ..tq. ' TO WHOl.~ IT MAY r. CONCERN:. I, Iw n NOTICE is hereby given in a +.t.: • accordance,wllh $echon " 11.00.03 of, tlvr St. Lucie r r f ; i r,., . County Land Oevalopment } ' . Code and the provisions of _ dhe SL Lucic.County Com- 7 prrl(ens ve Plan, the follow- inp appliconts have rcquesled that the $t. Lucie Count Plannm and Z n- 0 Y 9 f I ' ing Commisvon consider r' ~ 1 . Iheir following requests:: . w,.;7' I L CHOICE PEST MAN- ~ , ~ ~ AGEMENT, INC., for o Conditional Use Permit to - allow ° the', operation - of a ~ ~ ; pest controF service in the CG (Commercial, Geneial) - ~3 Zoning Dishid (or the'fol- lowing described propertyi ~ ' LEXINGTON SQUARE, , . LOT 11 (O.BS AC) location: 6964 Heritage f Drive. '2r5COTT BROAD,'for a Change in Zoning from the CN Commercial N i h- ( eg balhood 'Z I " on -0istr fct to n9 the ca Office Zom I ng or 0 strict: f ' ibe Following described properiyo:. LAKEWOOb PARK-UNIT i 12- - B A LK 17 8 LOT.1 2 MAP 1 1 ~N . 3 3 ( OR / ) ' 1576.711) Location: 5022 Turnpike - I 3. GARV PROPERTIES (Ri- ' chord M. McClure, Agent), For a Change in Zoning ' from the RS=2 (Residential, Single-Family 2 du/gCre) Toning QisfriNto thaCG ~ (Commercial, General) Zon- ing District forihe following I - III ' described property: ~ 24.35 39 N 1/2 OF SE l/4 OF SE )/4 OF:NW 1/~fLESS E 25 F[.: (4.81 I ACj (OR 855-2085) ` Locat7on: _2541r Pete s Road... PUBLIC HEARINGS Wil6be held id Commisiwn Cftom• tiers, Roger hoihas~Annex, 2300 VirginiBAvenue,Fort ' . Pierce,:Florido on May 15, ' 2003, beginnirg at '7d(30 P.M: or assoon thiveaRer ds ssibl po e. P UR$UANT TO Section 2 86. 1 0 O5 Fbrido Statutes decider to P : appeal any decision made - by a board, `agenty.'.or commission with, ~~spectto any matter considered of a meetin d heari `hw' e rll 9 ng, need a record of the pro- ceedings, and that, focsvch I purposes, henwy need'fo .ensure that u; verbatim record of the proceedmgi7s made,. whichrecord includeslhe testimony and ' evidence upon vrhlchahe . appeal is to. be bas:d. - PLANNING AND ZON- LNG COMMISSION. S7. LUCIE COUNTY, FLORIDA Ed Merrt 1, CHAIRMAN it 2003 PUBLISH DATE: May 5, 2691516 I_ _ ~ - ~ ~ ~ ~ ~ t , 4• j-. x ~ ~ ~ftdd~ ,`.~y ~ ~ ~~~~N~ ':eN~S~ ~~~t~~ftR 5t. Lucie County Planning and Zoning Commission/Local Planning Agency Meeting Minutes REGULAR MEETING May 15, 2003 Commission Chambers, 3rd Floor, Roger Poitras Annex 7:00 p.m. MEMBERS PRESENT: Mr. Hearn, Mr. Jones, Mr. Lounds, Mr. Matthes, Mr. McCurdy and Mr. Merritt. MEMBERS ABSENT: Mr. Akins, Mr. Grande, Mr. Trias and Ms. Hilson (all with Notice) OTHERS PRESENT: Mr. David Kelly, Planning Manager; Mr. Hank Flores, Development Review Planner III; Ms. Heather Young, Asst. Co. Attorney; Ms. Dawn Gilmore, Administrative Secretary. P & Z Meeting May 15, 2003 Page 1 - CALL TO ORDER ~~~;r~~`~~~~~~,~ Chairman Merritt called to order the meeting of the St. Lucie County Planning and Zoning Commission/Local Planning Agency 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/Local Planning Agency 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. The Planning and Zoning Commission/Local Planning Agency acts only in an advisory capacity for the Board of County Commissioners and actions taken are recommendations only. Interested parties will also have the opportunity to speak at a public hearing in front of the Board of County Commissioners who will ultimately have the final decision. Mr. Lounds arrived after Agenda Item # 1 was heard. No other announcements or comments. P & Z Meeting May 15, 2003 Page 2 essim-~ ~ ~,1 ~ ~ C19 ~ AGENDA ITEM 1: MEETING MINUTES -APRIL 17, 2003: ~~r~~°~~. Mr. Hearn stated that the first paragraph on page 8 should have the references to "they" changed to "we". Mr. Matthes made a motion to approve, as amended. Motion seconded by Mr. Jones. Upon a vote, the motion was approved unanimously (with a vote of 5-0). P & Z Meeting May 15, 2003 Page 3 w s~~~t~~9~ Sa~~~~~~~~~ AGENDA ITEM 2: CHOICE PEST MANAGEMENT -File No. CU-03-006g:~ ~4nr ~ ,,f; F e,~ a~~~r tt Mr. Hank Flores, presenting Staff comments, stated that Agenda Item # 2 was the application of Choice Pest Management Inc., for a Conditional Use Permit to allow the operation of a disinfecting and pest control service in the CG (Commercial, General) Zoning District. He continued that disinfecting and pest control services are allowed as conditional uses in this zoning district subject to the approval of the Board of County Commissioners. Mr. Flores stated that Choice Pest Management, Inc. is licensed through the Department of Health and Rehabilitative Services (HRS) -Division of Certification and the Department of Environmental Protection (DEP). He continued that HRS monitors the business operation and licensing requirements and that these requirements include training and testing of personnel in the proper use and correct handling of various pesticides. He also stated that DEP monitors the disposal of any hazardous waste materials and ensures that it is disposed of properly. 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. Chairman Merritt questioned if the applicant or their representative was present. Ms. Brenda Hefty stated that she and her husband Eric Mageissen live at 232 NW Broken Oak Trail in Jensen Beach and own the building in question. She continued that Mr. Dale Mauro owns and is the head of Choice Pest Management. She stated that they met Dale when they were looking for a tenant and feel that he runs his business well. She also stated that they thought he would fit well with their building and didn't see any conflict with the location and type of business. Chairman Merritt opened the public hearing. Mr. Joseph G. Miller stated he lives at 5500 Orange Avenue and owns two parcels of property on Hancock Drive. He also stated that he has no problem with this business' request. Mr. Owen Conner stated that he is a resident of Oleander Pines at 6731 Dickinson Terrace and is concerned because the building backs up the drainage ditch. He continued that he feels there should be more consideration given since there could be a chemical leak especially since the property backs up to a drainage ditch. Mr. Dale Mauro, owner of Choice Pest Management stated that everything done on premises would be in containers. He also stated that there would not be any mixing done on site and anything that is brought back to the office is in containers. He continued that there is no spraying going to be done on the property and really no concern about a leakage problem. He also stated that they do have spill control measures in place, just in case. He advised that he has been in business for twelve years and has never had an incident or any complaints. Ms. Barbara Highley stated she lives at 6723 Dickinson Terrace in Oleander Pines and would like to find out what the procedure would be if a 50-gallon drum should spill while being loaded or unloaded from a truck. Mr. Mauro stated that the largest container of concentrate they have is P & Z Meeting May 15, 2003 ` Page 4 ~„~~.~~~g9~' ~°agy p qt ~"'s:1Ci~3'ip~~ ~ t'}3 ~~~~9~ta 2 1/2 gallons and if that were to spill it would be easier to control because there wo~l~~~z~~'b`~~a5~"~ ~a~~V~~. large amount of product. He also stated that they don't mix on-site, so it is never opened and the chances of spilling it would be minimal. Ms. Highley questioned how many 2 1/2 gallon containers are shipped on a palette. Mr. Mauro stated that they are shipped with two 2 1/2 gallon containers per case and that is the largest order he has. He continued that they order in very small quantities because they do general pest control and don't do any lawn service. Ms. Highley questioned what kind of inventory would be held on the property. Mr. Mauro stated that his present inventory is one 2 1/2 gallon container of liquid concentrate contained in the back office building. He continued that any other inventory is kept locked up on the individual employees truck. Mr. Lounds questioned if Mr. Mauro was inspected by the Florida Department of Agricultural. Mr. Mauro confirmed that he was just inspected about two months ago and they usually inspect him once a year. Mr. Lounds questioned what happens if he fails an inspection. Mr. Mauro explained that they could revoke his license and fine him. He also stated that the EPA regulates the products they use and DAG regulates the use of the products. Mr. Lounds stated that he wanted the public to have some peace of mind and be aware that these types of companies are thoroughly regulated and monitored and that they have place to turn to if there are any problems. Mr. Hearn questioned why staff did not apply any conditions to this conditional use application. He continued that he feels uncomfortable with this type of operation not having any. Mr. Kelly stated that the Planning and Zoning Commission has the right to recommend any reasonable conditions they feel are necessary but Staff did not see any issues for them. Mr. Hearn stated that he is concerned about on-site mixing and large containers possibly spilling. Mr. Kelly stated that the Planning and Zoning Commission could make a recommendation to add conditions to address these issues if they felt it necessary. Mr. Hearn questioned if the petitioner would have any problem with adding conditions regarding on-site mixing and size of the containers. Mr. Mauro advised that would not be a problem with him. Mr. Milton Hahn stated that he lives at 771 Sandburg Lane in Oleander Pines. He questioned where the mixing is done if it isn't on-site and where unused materials are stored or disposed of. Mr. Mauro stated that there are tanks on the back of a truck and the unused material would go into that tank and used at a residence. He also stated that there are designated areas for unused materials to be disposed of. Mr. Hahn questioned if the chemicals that are on-site are already mixed chemicals. Mr. Mauro stated that the mixed chemicals would be on-site but would be locked up in the trucks. Mr. Hahn questioned how the trucks are secured when they aren't being used at night. Mr. Mauro stated that none of the trucks are kept on the premises and are taken by the technicians to their homes. Mr. Hahn questioned if there was access (an opening rear door) to the warehouse from the canal. Ms. Hefty stated that the building has front doors that go to office space, roll-up garage doors on the back, sixty-foot of parking lot, twelve feet of lawn and then the canal. Mr. Hahn stated that he has one other concern about the technicians taking the trucks home to residential areas while holding chemicals. Mr. Kelly stated that he was not aware of there being any problem with them doing that. Mr. Charles Gilson stated he lives at lot 10, 6724 Dickinson Terrace in Oleander Pines and questioned how the concentrate is mixed and used. Mr. Mauro stated that the technicians take the concentrate with them on their trucks and mix it with water on the job site that they are treating. Mr. Gilson questioned if all of the containers that are stored at his facility are sealed. Mr. Mauro confirmed that they were and stated they are also locked up. P & Z Meeting May 15, 2003 Page 5 s~~~~~ Mr. Michael Reese, 6727 Dickinson Terrace stated that he has done his own ~ t health problems that result from pesticide usage. He stated that he is concerned about Mr. Mauro's business getting larger and then he will start storing larger amounts of chemicals. He also questioned the security of the buildings to avoid people breaking in and any possible fire hazards. He advised that pesticide and other chemicals could cause repertory problems in children and older people by being transferred through the air. He questioned what the response time is if there is a leak. He stated that they are relatively close to the subject property and is concerned about the effects on his children. Mr. Mauro stated that nothing is mixed on site and is contained in containers. He also stated that they do have a security system in the building. He continued that accidents do happen, but he has not had any incidents and he feels the risk factor is very low. Mr. Jones questioned if the containers that are stored on site have ever been opened. Mr. Mauro stated that some of them might have been opened by a technician and then taken off the truck to store. He continued that the amount of chemicals he stores he is very low because most of it is kept on the trucks. Mr. Jones stated questioned if the potential for a spill would be more at the site where the technician is working rather than the subject property. Mr. Mauro confirmed that was correct and stated that most spills occur when there is an accident with a truck rolling over. Mr. Lounds questioned what Mr. Mauro's technicians do with the spray. Mr. Mauro stated that his business usually uses a lot of baited products within the house and the spraying is usually done on the outside perimeter of the structure. Mr. Lounds questioned if his products are similar to those that can be bought at Home Depot or Lowes. Mr. Mauro confirmed that is correct and -that a lot of the products that are sold at Home Depot are actually stronger than the products his company uses. Mr. Lounds questioned if Mr. Mauro's products were really any worse than someone spraying a can of Raid in their home. Mr. Mauro stated that his products were not at all worse than that. Mr. Reese stated that he was sorry that others didn't see the potential problems that he sees. He also stated that this is a conditional use request for a reason and this should be located in more of an industrial area. Ms. Hefty stated that as owners of the building they are scrutinized by their insurance company and would not allow things to remain that would be perceived as a hazard. Mr. Paul Frishkorn, 1651 Benny Drive, stated that anyone who has a swimming pool could make mustard gas because of the acids that they buy in Publix and other stores. Ms. Joanne Russell stated that she lives in Oleander Pines and that accidents do happen and that it could end up in their water system or airborne. She also stated that once this business grows there will be more containers and possibly drums on the property. Mr. Matthes questioned if the petitioner's business, which is currently located on Bayshore Drive is near any residences. Mr. Mauro stated that he is very close to the residents in that area and has never had any complaints in the two years he has been there. Mr. Matthes questioned if that property also backs up to a canal. Mr. Mauro confirmed that it does. Mr. Matthes questioned where the site drainage is directed. Ms. Hefty stated that it goes across the parking lot to the east toward US Highway 1. She also stated that there are three spillways across the lawn to keep erosion down and spill into the canal but the parking bumpers direct the water mainly to the east. P & Z Meeting May 15, 2003 Page 6 ~..o~~~.~~ . ~'u,~}~a~31~~ ~ ~6~S~G Mr. Owen Conner spoke again. He stated that it is their back yard and unders~i~'~~~~1~ha~~~~A~. business and needs to make a living but is very concerned about the spillway, drainage and the transfer of the open containers from truck to truck. Mr. Charles Gilson spoke again and questioned if Cana128 empties into the St. Lucie River. Mr. Matthes confirmed that it does. Mr. Hearn asked staff what the zoning is where chemicals like this are sold. Mr. Kelly stated that it is usually CG (Commercial, General). Mr. Mike Florio stated that he currently resides at 111 SE Camino Street but soon will be a resident of Oleander Pines. He questioned why the CG (Commercial, General) zoning district requires a conditional use permit for pest control services. Mr. Kelly stated that he thought it revolved around concerns with large pest control businesses and the volumes of chemicals. He also stated that having a conditional use permit request allows the Planning and Zoning Commission and the Board of County Commissioners to decide how large of a business they would allow for specific areas. Mr. Florio stated that he feels that they wrote it that way because these large types of businesses are not appropriate in the CG (Commercial, General) zoning district. Mr. Kelly stated that the conditional use states that those businesses are generally appropriate in the CG (Commercial, General) zoning area but that they should be reviewed on a case-by-case basis. Mr. Florio stated this is a business plaza that does not have use of a centralized sewer system, no chemical retention areas on this property, and a minimal setback from the canal area. Chairman Merritt closed the public hearing. Mr. Jones stated that the permitted uses in this zoning includes automotive rental, repair, and service, cleaning services, building material, hardware, and garden supplies, gasoline stations. He continued that all of these have a much more significant potential source of pollutants and problems than he believes this business would be. He also stated that the site is fairly small and the site would limit how large his operation could become in that location. Mr. Lounds stated that Mr. Hearn and the community seemed to have a concern with the container size and may want to consider adding that as a condition for the Board of County Commissioners consideration. Mr. Hearn stated that he would also like to see no mixing of chemicals on-site and no outside storage of containers on premises as conditions. Mr. Lounds stated that he did not feel that no mixing on site would be appropriate because Mr. Mauro may need to do that at one point in time. Mr. Jones stated he agreed that no mixing on-site might not be appropriate. Mr. McCurdy stated that after considering the testimony presented during the public hearing, including Staff comments, and the Standards of Review as set forth in Section 11.07.03, St. Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Choice Pest Management, Inc., for a Conditional Use Permit to allow for the operation of a pest control service in the CG (Commercial, General) Zoning District because it is a conditional use and is a much lower intensity than the other permitted and allowed uses within the CG (Commercial, General) Zoning District with the following conditions: P & Z Meeting May 15, 2003 Page 7 S~~~~~T TO 1. Limit the size to 2 1/2 to 5 gallons per c ttai~~R~ei~s~;V~ ii ° fit' Y concentrate. 2. No outside storage of containers on premises. Motion seconded by Mr. Matthes. Upon a roll call vote the motion passed with a vote of 5-1 (with Mr. Hearn voting against) and forwarded to the Board of County Commissioners with a recommendation of approval. P & Z Meeting May 15, 2003 Page 8 AGENDA ITEM 3: GARV PROPERTIES (Richard M. McClure, Agent) -File Na.~`~?D r~~.,.~,a ~q ~p J~ w~€~l aad.•~aTtiu+:~ 3'49"~i9~1'4~. 011: Mr. Hank Flores, presenting Staff comments, stated that Agenda Item # 3 was the application of Garv Properties (Richard M. McClure, Agent) for a Change in Zoning from the RS-2 (Residential, Single-Family - 2 du/acre) Zoning District to the CG (Commercial, General) Zoning District for 4.81 acres of property located at 2541 Peters Road. He continued that the surrounding zoning is RS-2 (Residential, Single-Family 2 du/acre) to the north and northeast; RM-9 (Residential, Multiple-Family - 9 du/acre) to the southwest, C-3 (Commercial -31) Zoning to the east, and south is in the city limits of Fort Pierce. Mr. Flores also stated that the petitioner has requested this change in zoning in order to establish 'j a Recreational Vehicle sales operation on the subject property. 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 questioned if the applicant was present. Mr. Richard M. McClure stated that he was the applicant. Mr. Lounds questioned what type of recreational vehicles they would be selling. Mr. McClure explained that they would be high-end motor homes. Mr. Hearn questioned how long they had owned the property. Mr. McClure explained that they are currently in the process of closing on the property. Mr. Hearn questioned if the applicant was advised of any other options for the rezoning of this property. Mr. McClure stated that he was not aware of any other options. Mr. Hearn stated that there would be other ways for him to have this request met; one of them being a request for a PNRD (Planned Non-Residential Development). He continued that he was concerned about approving a blanket CG (Commercial, General) zoning change because he feels that some of the permitted uses might not be appropriate for the area since there is a residential area near the subject property. Chairman Merritt opened the public hearing. Mr. Terry Torres stated that he was the engineer representing the purchaser of the property and would be available to answer questions if needed. Mr. Merritt stated that since the area is very commercial now with a Motel 6, Cracker Barrel, packinghouse, and an amusement park, he didn't feel there would be any problem with the CG (Commercial, General) zoning. Mr. Lounds stated that the maps show that the City of Fort Pierce has annexed several of the pieces surrounding the property and questioned why this piece had not been annexed. Mr. Torres explained that the duplexes behind the property also were not annexed and that the City had not approached them with regards to annexation. He also stated that he didn't believe the rezoning to CG (Commercial, General) would require it either. Mr. Kelly explained that the City usually requires annexation when there is a need for water and septic. He continued that the duplexes are most likely old enough to have well and on-site septic. P & Z Meeting May 15, 2003 Page 9 ~ ~ ~•~t raga":, r,g q .C Ft %,~~45, [3~F~ ~~~Ytl~ Mr. Hearn questioned staff as to why they had not offered the petitioner the opti~l;'.~~~b~n~~~~~~~~ a PNRD (Planned Non-Residential Development) instead of a straight rezoning. Mr. Kelly explained that the only difference between the two requests is .that the PNRD would limit and control future uses of the property. He also stated that it is still a rezoning request either way and that with an MXD future land use staff felt that the CG (Commercial, General) request was consistent. Mr. Hearn stated that he felt until the residential area becomes commercial they should have ~ some assurance that the property will only be used for RV sales and nothing else and that with a flat CG (Commercial, General) zoning they are open to other options. Mr. Matthes questioned what kind of utilities would be needed for the property if their rezoning request were successful. Mr. Torres stated that eventually they may have a need for water and sewer and then would be annexed into the City. Mr. Lounds questioned the issue of run-off. Mr. Torres stated that there was less than 4,000 square feet of impervious and not a lot of drainage would be needed. He also stated that the property doesn't have a lot of paving or parking lot to maintain and they want to leave the property as natural as possible. Mr. Merritt questioned what would happen if there were a diesel spill from one of the RV's. Mr. Torres stated that they would bring in a special company located off Selvitz Road that handles spill control but that a spill was highly unlikely. Mr. Matthes stated that he agreed with Mr. Hearn that a PNRD would have been a better request because it would have given the surrounding neighbors some assurances about what would be done with the property. Mr. Hearn stated that he thinks the plan is great and perfect for the area and was just concerned about what would happen to the property if the business failed. Mr. Jones stated that he disagreed and that he felt any of the permitted uses within CG (Commercial, General) zoning would be appropriate for that area. He also stated that he did not feel a PNRD request would be appropriate for the area and what they want to do. Chairman Merritt closed the public hearing. Mr. Hearn stated that he agreed that this project does fit the neighborhood but that he firmly believes that a PNRD request would have been more appropriate. Mr. Jones questioned Mr. Hearn about what permitted uses under the CG (Commercial, General) zoning he would not be comfortable with on this property. Mr. Hearn stated that anything regarding gas and automotive services would not be appropriate because of the nearby residential properties. Mr. Matthes questioned the petitioner if they would consider changing their request to a PNRD (Planned Non-Residential Development) rather than to CG (Commercial, General). Mr. Torres stated that they would rather have the CG (Commercial, General) zoning. Mr. Merritt stated that he feels a PUD or PNRD was designed to control more specific items and that making it a mandatory request would not be appropriate. Mr. Hearn stated that he was not suggesting making PNRD's mandatory but that he felt that Staff should be more vigilant in offering it to the petitioners as an alternative. P & Z Meeting May 15, 2003 Page 10 ycc 1 ~ p .~~.~fi~~~a~7~ ~G~[~G ~~~~~1~~~ Mr. Matthes stated that after considering the testimony presented during tie pu~ic 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 Garv Properties (Richard M. McClure, Agent) for a Change in Zoning from the RS-2 (Residential, Single-Family - 2 du/acre) Zoning District to the CG (Commercial, General) Zoning District because the other three surrounding properties are CG (Commercial, General) and I feel that it is a good use. Motion seconded by Mr. McCurdy. Upon a roll call vote the motion passed with a vote of 5-1 (with Mr. Hearn voting against) and forwarded to the Board of County Commissioners with a recommendation of approval. P & Z Meeting May 15, 2003 Page 11 r~~ <ar~s~+;<~a~a ~ ~-i'~ut~~'~':~U°~ ~a~5~~~E7 AGENDA ITEM 4: JERRY JAMES REPORT: +~~~.a~~sF~~'~3~,~~~oV7 Mr. David Kelly, Planning Manager, stated that Agenda Item # 4 was a presentation of some recommendations provided by the Ad Hoc Committee regarding changes to the agricultural sub- division regulations. He also stated that these issues were currently on the Board of County Commissioners Agenda to be heard on June 10, 2003. Mr. Jerry James stated that when the Board of County Commissioners heard the two draft ordinances they suggested that an Ad Hoc Committee by any agricultural property owners and members of the public who were interested be formed. He continued that the Committee would like to-make their recommendations regarding Draft Ordinances 03-005 and 03-006 to the Local Planning Agency. He advised that the Committee was made up of the following members: Joey Miller, Jim Russakis, Mike or Bud Adams for Adams Ranch, Ovide Vachon, Matthew Wynne, Jeffrey Furst, Craig Linton, Toby Long and himself. He stated that there were some previous suggestions that they look at Indian River County's regulations regarding subdividing agricultural lands. He continued that they would recommend denial of the proposed draft ordinances. He also stated that the Comprehensive Plan should be amended to delete Policy 1.1.2.2. regarding the 4-unit PUD threshold. He stated that in lieu of the deletion, the existing land use categories found in Chapter 1, Pages 23-25 of the Comprehensive Plan should remain in place and control PUD threshold under the following existing language. "All residential development proposals in excess of 10 units must be approved through the Planned Unit Development (PUD) process as provided for in the Land Development Regulations." Mr. Jones questioned how DCA would feel about these proposed changes since the wording was their choice originally to bring the County into compliance. Mr. Kelly stated that a meeting would need to be scheduled with DCA since there is a conflict in the plan. Mr. James continued that existing Comprehensive Plan future land use designation for Agricultural 2.5 contained on page 1-25 of the Comprehensive Plan should remain unchanged. He also stated that the Comprehensive Plan 1.1.2.3 sub section (c) should be deleted because it conflicts with their recommendations. He continued that common open space as presently defined under county codes, building codes, and Comprehensive Plan s be exempt and deleted from those areas of the County with a future land use of AG - 2.5 and AG - 5. He stated that they feel the presently defined "open space" should continue unchanged. He also stated that unit or parcel clustering under Land Development Code and Comprehensive Plan PUD requirements should be exempt as a mandatory development requirement for those areas of the county designated AG - 2.5 and AG - 5. He continued that supplemental to the committees recommendation to substituting the 10-unit threshold in lieu of the 4-unit threshold the committee would like to direct Staffs attention to curb cuts with a recommendation that excessive curb cuts adjacent to high traffic streets be addressed with parallel roads. Mr. James also stated that the Committee would like to have the possibility of Family Farms explored more by Staff. He stated that family farm exceptions to platting and other code requirements in the present AG - 2.5 and AG - 5 land use categories should be considered. He continued that the committee had not developed any specific recommendations at this point and would welcome staff input. He also stated that the committee does have a desire to see development of parcels upon agricultural lands in order to permit homestead development of family members related by blood, marriage or adoption for use solely as a homestead. He advised that placing this procedure under Board of Adjustment with specific criteria would be suggested or alternatively allowing Family Farm homestead to come under specific flag-lot P & Z Meeting May 15, 2003 Page 12 ~Q 1 7 ~ ~~r~~~ criteria exceptions. He stated that the Comprehensive Plan density limits would re~am~m ~1a~cd~ ~ Mr. Kelly stated that Staff was also concerned about the Family Farm issue, but was not sure at this time how to deal- with it and that it should be discussed further at a later time. Mr. James finished by stating that the Committee would like to remain involved in the process, which includes actively working with staff to furnish property owners input at all levels. Mr. Merritt stated that he personally would like these issues to be resolved and would like to see it done by using common sense instead of bureaucracy. He also stated that clustering was not his idea of owning land. Mr. Hearn questioned if this was an urgent issue and if there would be any ramifications of a 30-day delay. Mr. James explained that the Committee was asked to have their final recommendations regarding the two ordinances to the Board of County Commissioners by the June 10, 2003, meeting. Mr. Jeff Furst stated that he has had quite a few foreclosures on agricultural land and that time is an issue with regards to these matters. He advised that all of the uncertainty is causing a problem with investors and making agricultural development more difficult. He also stated that these recommendations were the most expeditious way to help resolve some, but not all, of the issues. He continued that they should be reviewing these issues on a regular basis and need to come up with some long-term resolutions for the problems. Mr. James advised that Comprehensive Plan changes could only be done in July and December and if the Board of County Commissioners makes a recommendation to act upon these recommendations, they could make the July submission deadline. Mr. Furst continued that he felt the Committee should continue to be involved in the process and work with Staff to tackle many of the other issues and possibly come up with some long-term answers. He also stated that he felt there was three items that were crucial at the moment were common open space, clustering, and the 4 to 10 threshold. Mr. Kelly stated that he felt that their recommendations should be sent to the Board with the exception of the issue regarding Family Farms because of the complexity of the issue. Mr. Merritt questioned if the Committee would have any problem with deferring comment on the Family Farm issue for now. Mr. James stated that he and the Committee did not see a problem with forwarding the rest of their recommendations without Family Farms. Mr. Lounds stated that he felt the issue regarding Family Farms should definitely have further discussions because it is a very important issue. Mr. James stated that the Committee would definitely work further with Staff to bring some recommendations forward regarding the Family Farm issue in the future. Mr. Lounds questioned where the term open space was defined. Mr. James stated that the term open space is defined as required to be 80% in AG - 2.5 and AG - 5 and is to be agricultural utilization of the land. Mr. Lounds questioned Mr. Furst that if a piece of land isn't being used for agriculture then does it qualify for open space under Mr. James' definition. Mr. Furst stated that he doesn't really review it like that. He looks for the AG zoning and that if the zoning is agricultural but there is nothing being done agriculturally on the property it is assessed at a higher rate than those using the property agriculturally. Mr. Lounds questioned if the County or the State could buy the development rights on a large piece of acreage so that it remains in agricultural, on the tax roll, and cannot be developed for 20 or 30 years. Mr. James stated that the Committee didn't deal with that issue. Mr. Lounds questioned if it was a viable issue to request that the Committee review. Mr. James stated that further south they use TDR's (Transferable Development Rights) to try to help resolve these issues. Mr. McCurdy stated that conservation easements and TDR's are in perpetuity and cannot be given a limitation of time. He also stated that this is going on all over the country and has been a vehicle to allow agricultural owners to transfer their development rights from their parcels P & Z Meeting May 15, 2003 Page 13 ~~U~~~ 6ir ,.ti, ~ ~~~~~G and keep them in agricultural use with their exemptions. Mr. Lounds stated. that he is concerne'~ about the development out west and owners being able to retain the value of their land so that they can survive. He advised that he does not have a problem with the Coxrunittees recommendations because he feels they really took their time going through it to help find a way to resolve these issues. He stated that he has an issue with people saying that agriculture in St. Lucie County is dead since it is having problems, but it isn't dead. He advised that these changes would be a tool to help them survive agriculturally. Mr. Jones questioned if the immediate need was to help stop the foreclosures on agricultural land. Mr. Furst explained that is part of the problem but the most significant issue. He continued that the urban service boundary issues and some of the PUD and clustering issues seem to be quite an important issue at this time. Mr. James stated that there are really three major concerns. He continued they are common open space, permissive instead of mandatory clustering in AG - 2.5 and AG - 5, and moving the threshold from four to ten. Mr. Hearn stated that he didn't see a problem with these three items and the Committees recommendations. Mr. Jones stated that he doesn't see this as a long-term fix and that it should continue to be worked on to permanently resolve these issues in the future. Mr. Kelly stated that with regards to some long-term changes to fix these issues there was a consensus-building workshop regarding the Urban Service Boundary. He continued that the consultants, Tindale-Oliver & Associates would be making a presentation to the Board of County Commissioners regarding the consensus' recommendations as well. Mr. Hearn stated that he is hesitant to adopt a recommendation on all of the Committees language because he doesn't fully understand all of it. Mr. Kelly stated that the first item relates to the ordinances that were previously before the LPA that they already recommended denial of. He continued that Policy 1.1.2.2 is the Comprehensive Plan policy that requires clustering and PUD's in excess of four units and their recommendation was to delete that because it is dealt with in another policy. He continued that they had even made a recommendation in lieu of deleting the entire Policy 1.1.2.2. He also stated that common open space be changed to open space and remove the word common in AG - 2.5 and AG - 5. He advised that they also requested the deletion of clustering. He continued that the Family Farm issue would be removed for now and the Committee wants to remain involved. Mr. Jones stated that they would like to urge the County Commission to approve the Committees recommendations (with the exception of number 8 -Family Farms) with the understanding that this is a work in progress and not a permanent long-term fix. Motion seconded by Mr. Hearn. Upon a roll call vote the motion passed unanimously (with a vote of 5-0) and forwarded to the Board of County Commissioners with a recommendation of approval of the Committees recommendations. P & Z Meeting May 15, 2003 Page 14 ~`~~.e~~' r~ OTHER BUSINESS/DISCUSSION• ~~'7~~id'tia~}~~ ~ ~~'~~+~~d~~~~:~~! ~P~~~JAL Mr. Matthes stated that he was respectfully resigning from the Planning and Zoning Commission / Local Planning Agency. He continued that Commissioner Lewis has found a replacement for him so his resignation would be effective tonight. He advised that he would need to leave the meeting prior to the final item on the agenda being heard. Next scheduled meeting will be June 19, 2003. ADJOURNMENT Meeting was adjourned at 9:40 p.m. Respectfully submitted: wn Gilmore, Secretary P & Z Meeting May 15, 2003 Page 15