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HomeMy WebLinkAboutAgenda 10-16-2003St. Lucie County Planning and Zoning Commission/Local Planning Agency Regular Meeting Commission Chambers, P Floor Roger Poitras Annex October 16, 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 — September 18, 2003 Action Recommended: Approval Exhibit #1: Minutes of September 18, 2003, meeting AGENDA ITEM 2: RAYMOND C. THOENNISSEN — FILE NO. CU-03-013: This is the petition of RAYMOND C. THOENNISSEN, for a Conditional Use Permit to allow a mini -storage facility in the CG (Commercial, General) Zoning District. Hank Flores will present Staff comments. Action Recommended: Forward Recommendation to County Commission Exhibit #2: Staff Report, Site Plan, and Site Location Maps OTHER BUSINESS: A. Other business at Commission Members' discretion. B. Next regular Planning and Zoning Commission meeting will be held on November 20, 2003, in the Commission Chambers at the Roger Poitras Annex Building. ADJOURN NOTICE: All proceedings before the Planning and Zoning Commission/Local Planning Agency of St. Lucie County, Florida, are electronically recorded. If a person decides to appeal any decision made by the Planning and Zoning Commission/Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (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 4772) 462-1586. _ Secretary COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: Planning and Zoning Commission FROM: David Kelly, Planning Manager DATE: Thursday, October 16, 2003 SUBJECT: Meeting Minutes The following section was left out of the Planning and Zoning meeting minutes of September 18, 2003. Staff recommends that it be added to the minutes, after the last paragraph of discussion on Page 23, under Other Business/Discussion, prior to approval. Mr. Hearn stated that they did not eliminate the open space requirement in their discussions last month and that is what Mr. Murphy is stating. Mr. Murphy explained that the language that was in Mr. James' ordinance did eliminate it. Mr. Hearn stated that they requested that portion of Mr. James' ordinance to be deleted because they did not want to eliminate all of the open space requirements, only the "common" element. Mr. Murphy stated that Mr. James submitted a revised version of his ordinance at the Board of County Commissioners meeting eliminating the requirement for common open space and the clustering component. Mr. Hearn stated that he wonders why we sit on the board if we don't think they should have some degree of control on how property is being utilized. He advised that in 1960 the people of the county voted that they wanted planning and zoning regulations adopted in the community. He continued that they have worked reasonably well and set a pattern of development that most folks can live with. He stated that he fully supports the fact that the western property owners have a problem and need to sell some of their land for residential development. He stated he is concerned that if people sub- divide their agricultural land for residential development then people will put a few cattle on the property and ask for an ag exemption. / "I St. Lucie County Planning and Zoning Commission/Local Planning Agency Meeting Minutes REGULAR MEETING September 18, 2003 Commission Chambers, 3rd Floor, Roger Poitras Annex 7:00 p.m. - MEMBERS PRESENT: k Mr. Akins, Mr. Grande, Mr. Hearn, Mr. Lounds, Ms. Morgan, Mr. McCurdy, Mr. Trias, and Chairman Merritt. MEMBERS ABSENT: Ms. Hilson (Absent with Notice) OTHERS PRESENT: Mr. Dennis Murphy, Community Development Director; Mr. Randy Stevenson, Assistant Community Development Director; Mr. David Kelly, Planning Manager; Ms. Cyndi Snay, Development Review Planner III; Mr. Hank Flores, Development Review Planner III; Ms. Heather Young, Asst. Co. Attorney; Ms. Dawn Gilmore, Administrative Secretary. P & Z / LPA Meeting September 18, 2003 Page 1 CALL TO ORDER 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 / DISCLOSURES: Mr. Lounds, Mr. McCurdy, Mr. Grande, Mr. Akins, and Mr. Hearn stated that they had conversations with the representatives for Glassman Properties as they stated at last month's meeting. Ms. Hammer stated that she had discussions with residents of The Reserve and the Kolter Developers regarding the PGA Hotel & Office petition. 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. P & Z / LPA Meeting September 18, 2003 Page 2 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 stated that they had received an informational package from the Community Development Department to the County Commission regarding the Future Land Use element's goals, objectives, and policies. He stated that in reading through it there is verbiage in it on page 1-9 it discusses 8 lots, parcels, or tracts, but their discussions and recommendations were to forward the Ad Hoc committee's recommendation of ten, not eight. He also stated that there was other verbiage in it that just seems to appear from past verbiage. Mr. Murphy stated that the information they received was a draft compliance agreement language that they have been working with the Department of Community Affairs (DCA) on for the last couple of months. He advised that the information was transmitted to DCA several weeks ago. Since that time there have been some other comments that came in about some other issues, specifically on the references to Policy 1.1.2.2. He stated that no final action has been taken on that and it is not a final document yet. He continued that it would be presented to the Planning and Zoning Commission and the Board of County Commissioners for final action. He advised that the document was an attempt to address the compliance issues relative to urban sprawl and urban development issues that were raised by DCA. Mr. Lounds questioned if the recommendations from the Ad Hoc committee regarding open space were even considered. Mr. Murphy stated that those recommendations were made to the County Commission last week and would be processed through a separate amendment action that addresses some more specific issues. He also stated that this was an attempt in the connplian-m- agreement to address issues that came up over the previous period of time. Those that have happened in the last few weeks were not reflected in the document because it was drafted prior to the most recent recommendations being finalized. He continued that when they get to the October 7, 2003 County Commission meeting, they will again discuss the open space issues after an intervening workshop has been held to address some additional issues. He advised that they plan to have specific policy language that will be part of the next set of plan amendments that attempt to address all of the groups' issues. He stated that the amendment process is such that it will come to this board for review around November or December, then to the Board of County Commissioners in January for transmittal to DCA as part of the next large scale amendment process. Mr. Lounds confirmed that this has to be taken to DCA for review and then be resubmitted for the amendments. He stated that in the original draft in 1990 there were no provisions for buyouts, but there is a proposal for that in this submittal. Mr. Murphy stated that based on most recent discussions that provision would be removed when it is amended. Mr. Lounds questioned if it was written prior to the most recent discussions. Mr. Murphy confirmed that was correct. Mr. Lounds stated that the County Commission stated they did not like the buy out option and questioned why it was included in the document that was transmitted to DCA. Mr. Murphy explained that the document was written and transmitted prior to the County Commission making the decision to have it removed, just two days ago. Mr. McCurdy stated that he has similar concerns. He continued that one of his main concerns is that the language in the document transmitted does not mirror or reflect what they and the Ad P & Z / LPA Meeting September 18, 2003 Page 3 0 Hoc committee had recommended. He stated that it seems to have gone straight to the heart of what they did not recommend. He continued that he is concerned that this has been pursued in spite of their recommendations. He questioned if the required common open space element was still included in what was transmitted to DCA. Mr. Murphy stated that the language that was in the document did speak to the ability to have it as common or as open space but at the discretion of the Board could be determined to be common or individually held. He continued that the Board has subsequently directed them to remove the buy-out clause and work towards some relief mechanism to allow for some variation of open space. Mr. McCurdy stated that he believes that requiring open space in an agricultural area would be considered to be a taking. He also questioned if the clustering element was still in effect. Mr. Murphy stated that the Comprehensive Plan references the word "clustering". The policies and implementation language was found in Draft Ordinance 03-005 addresses more specifically how that is applied in an agricultural environment. He continued that the Board of County Commissioners have not given him the clear definitive direction yet on what they want to see in the final document. Mr. McCurdy stated that it seems the recommendations of the Ad Hoc committee and this board were ignored. No other announcements or discussion. P & Z / LPA Meeting September 18, 2003 Page 4 AGENDA ITEM 1: MEETING MINUTES — AUGUST 21, 2003: Ms. Hammer stated that she had a number of corrections to the minutes. She stated that on page 6, first paragraph, third line from the bottom should read "projected". The second paragraph should read "requested". The fourth paragraph, fourth line down, should have "a" added before "single air curtain burner". Page 7, second paragraph, third line from bottom should have the word "that" added before "is not accurate". The next paragraph, fourth line down should be corrected from "Clearning" to "Clearing". She stated that on Page 8, in the second paragraph, line eight and also on Page 9, she didn't understand the references to Mr. Wynne's operation. She stated that she didn't understand the sentence on Page 10, first full paragraph, third line from the bottom and that it should say "themselves" not "their selves". Page 11, third paragraph, " second line should have the word "were" deleted. Page 12, second paragraph, last sentence, should read "has a flow -well" not "was a flow -well". Same page, last paragraph, fourth line down should have the words "for this" removed. Three lines later should read "were other air curtains" not "was". She stated on around the fifth line from the bottom of the first paragraph on page 16 she didn't understand what was being said. The next paragraph should add the word "use" after "permitted". She stated on page 17, third paragraph, third line should be changed so that the end of the sentence is after conditional use and then start the next sentence with "His options" because the sentence doesn't make sense. She stated that on page 22, the last paragraph is missing the first policy number "1.1.2.2". She continued that the third full paragraph on Page 23 didn't make sense to her. The next paragraph, fifth line down should read "an answer". On page 24, fifth line down, should have the word "they" added before "can do". She continued that the third paragraph, third line from the bottom, should have the word "about" deleted before "that term". Page 25, first paragraph, 9th line down, should have the word "and" deleted and then end the sentence after "substantially". The next line should have the word "are" moved from before "in St. Lucie County" to after it. The next paragraph, fourth line from the bottom should read, "adjustments are" instead of "adjustment is". She advised that the next paragraph she did not understand and needed to be reworded. She stated on page twenty-six, second paragraph, second line, should have the word "is" added after "developer". She also stated on page twenty-seven, the first sentence she didn't understand what it meant. Same page, first full paragraph, second line from the bottom should be "alternative" not "alterative". She continued that the next paragraph, third line from the bottom should have the word "which" added before "are exempt". The following paragraph should read "alright" not "all right". The next paragraph, second line from bottom, should have the words "some on" reversed to "on some". On pago 28, second line, the sentence should end after "transfer" and start a new sentence with "It is". Same page, fifth paragraph down, should read "Budget" not "Budge". She stated that on page 29, the vote was 7-1 (with Ms. Morgan voting against), not 7-0. Ms. Hammer apologized for being so picky but said she has had to read some court transcripts lately and wants to make sure that our minutes are accurate for the Board of County Commissioners. - Mr. Kelly stated - that the typographical errors would definitely need to be corrected but several of them were what was actually said. He stated that Dawn was asked not to correct language of the speakers because it could potentially change their meaning. He continued that we tend to speak in a more informal manner than is normally written. He advised that each of the comments would be reviewed because clearly some of them needed to be changed but some may not be changed. Ms. Hammer stated that it is a lot easier to edit and proof the minutes than it is to write them. P & Z / LPA Meeting September 18, 2003 Page 5 Mr. Hearn stated that he would like to make it clear that when he made his motion on page 24 to recommend the insertion of the language that was in Mr. James' suggestion, he was not asking to delete the requirement of open space. He continued that he knows that is what his motion was and that is how the minutes read, but that was not his intent. He stated that if someone were to read the minutes they could interpret that he was asking for the open space to be deleted and he wanted it clear that he was only asking for the word "common" to be removed. Mr. McCurdy made a motion to approve. Motion seconded. Upon a vote, the motion was approved unanimously (with a vote of 9-0). Note: Changes to the minutes were made consistent with the discussion between Ms. Hammer and Mr. Kelly. P & Z / LPA Meeting September 18, 2003 Page 6 W, AGENDA ITEM 2: KENNETH F. LOWE, JR. (PGA HOTEL & OFFICE) — File No. RZ- 03-027 / PUD-03-018: Ms. Cyndi Snay, presenting Staff comments, stated that Agenda Item # 2 was the application of Kenneth F. Lowe, Jr. for a Change in Zoning, from the CG (Commercial, General) Zoning District to the PNRD (Planned Non -Residential Development) Zoning District, for Preliminary PNRD approval for a 12,000 square foot office building, and Preliminary and Final PNRD approval for a 170-unit hotel for property located at the northeast corner of the intersection of Commerce Center Drive and Champions Way, directly across from the PGA Learning Center. Ms. Snay explained that in 1988, the Board of County Commissioners approved Resolution 88- 357, which granted approval for a 2,100 acre Development of Regional Impact, known as the Reserve, for a total of 4,100 dwelling units; four golf courses; 1,600,000 square feet of industrial development; 290,000 square feet of commercial development; 100,000 square feet of office space and 250 hotel/motel rooms. She stated that as of this date, approximately 1,124 dwelling units have been permitted for construction, and another 609 units have received site plan approval but have not yet been built. She also stated that approximately 95,000 square feet of industrial development, one 80-unit hotel/motel, and less than 5,000 square feet of commercial development has also been permitted. Ms. Snay stated that the PGA Hotel and Office site is located in the area known as PUD III at the Reserve DRI, immediately south of the Reserve entrance, within the PGA Commerce Center. She also stated that PUD III received its original Preliminary PUD site plan approval in May 1989. She continued that in 1989, the revised overall Master Plan for the Reserve identified Parcel 37 as a portion of the Commercial tract of the Reserve. She advised that the net project area for Parcel 37C is 6.93 acres. She stated that Parcel 37C was being proposed for development with the remaining 170 hotel/motel rooms and an additional-12,000 square feet of commercial/office space which is consistent with the overall gross project density/intensity within the Reserve DRI. Ms. Snay advised that in 1984, as part of the Development of Regional Impact review process, the community infrastructure needs for the Reserve were reviewed and the type of required improvements identified. As a result of that review process, the County adopted a Development Order, which identifies various improvements that are triggered at different levels of development within this project. She stated that it has been the position of the County that the overall project developer is the entity responsible for the major construction/environmental protection obligations identified in this projects' Final Development Order. She also stated that the individual parcel developers are not held responsible for off -site improvements or other Development Order conditions that are not directly related to the permitting of the parcels development activity. Ms. Snay explained that condition # 76 of the Final development order for the Reserve requires that the developers of this project maintain certain minimum operating conditions at the Interchange of I-95 and Reserve Boulevard. She stated that at this time the intersection of Reserve Boulevard and St. Lucie West Boulevard has reached a point where the transportation levels requires signalization in order to improve the traffic flow at the I-95 Intersection and this development. She also stated that the subject tract has both a commercial land use and zoning designation and under these designations a hotel is permitted as a conditional use. She continued that since the property is being developed as a Planned Nonresidential Development (PNRD), the P & Z / LPA Meeting September 18, 2003 Page 7 z'. planned development hearing process serves the same procedural function as the conditional use process, however the proposed use must also satisfy the standards for conditional use described in the St. Lucie County Land Development Code. She advised that the development of this site for a hotel use, not to exceed 170 units, is consistent with the approved final development order for the Reserve, which permits up to 250 hotel units in the DRI. She continued that when added to the 80 units in the Mainstay Suites property, the 170 units would equal the maximum permitted under the projects original development order. Ms. Snay stated that the proposed use is consistent with the general character of the area and with the existing and proposed land uses in the area. She explained that to the north is the Mainstreet Village commercial tract with the PGA Villages; to the south is the PGA Learning Center and Vistana Tract (Parcel 37A and 37B @ the Reserve); to the east is Interstate 95; and to the west is the Mainstay Suites. She stated that as part of the site plan design; the developers have provided a native vegetation transplant zone located along both Commerce Centre Drive and Reserve Boulevard. She also stated that this area is intended to provide a buffer of native vegetation along both of these roadway facilities. Ms. Snay stated that the proposed site design includes a number of parking spaces that are proposed as reserve parking and that these reserved spaces create increased landscape islands within the development. She also stated that the parking areas would not be paved until such time as the applicant can demonstrate that they are needed. She advised that the applicant proposes to access the project from three points of ingress and egress: two points from Commerce Center Drive and one from Champions Way. She stated that all deliveries would be made at the western most access into the project off of Champions Way. She also stated that the site design has incorporated an internal covered loading/delivery zone behind the hotel, this is where all employees will enter into the hotel and all deliveries for the project will be made. Staff has determined that the proposed use is consistent with the standards of review as set forth in Section 11.02.10 and Section 11.07.00 of the St. Lucie County Land Development Code, the Comprehensive Plan and the Development Order for the Reserve. Staff is recommending that this project be approved subject to the conditions found on page 6 and 7 of the staff report. Ms. Pamela Hammer stated that she was notified on this application because she resides in The Reserve. She explained that she spoke with Ms. Young from the County Attorney's office and was tom able to vote oq, this application. Mr. David Miller stated that he is the architect for the proposed hotel and has worked with PGA and Mr. Lowe over the last several months to develop this plan. He continued that this piece has had commercial zoning and land use on it for 80,000 square feet of commercial space. He stated that a hotel would be a very viable use because of the golfing that is at The Reserve, along with the activities at the Learning and Education Center. He also stated that going through the PNRD process was more appropriate for this property because it allows both the hotel and office component to share a common primary entry off of Commerce Centre Drive. He advised this would minimize the impact on the roadway and allow the two uses to be symbiotic on the site. He continued that their intention is to proceed with the first phase of the hotel, which would include all of the first floor, public, lobby, restaurant, and meeting spaces, and up to ninety rooms. He advised that the second phase would be the eighty rooms, which would total the 170 rooms. He stated that they do not yet have a user identified for the 12,000 square foot. office component. He also stated that this site has quite a bit of trees and under storage plantings under P & Z / LPA Meeting September 18, 2003 Page 8 the pines that they are saving by relocating as well. He continued that the hotel is unique because it will be a full service hotel with meeting spaces, full restaurant uses, and training capabilities. This would provide both the resort user and other users to utilize the facilities of The PGA to have a full hotel experience. He stated that they have incorporated all of the staff s suggestions into their final site plan and are meeting or exceeding all of the County requirements. He also stated that they concur with staffs recommendations with the exception of the comment relative to the interchange work. He advised that the requirements under the DRI for all of The Reserve are the responsibilities of the Master Developer, which is Kolter, not his client. dt he does `el limiting their ability to obtain building permits based on something t at Kolter is responsible for, is not appropriate because Koller is not part of this project. - He stated that he believes it would be more appropriate to make the restriction the issuance of the Certificate of Occupancy rather than any building permits. Mr. Grande questioned if Staff would agree to amend the condition. Mr. Kelly explained that staff was concerned that the improvements get put into place, which is why the restriction was added to this approval. Mr. Grande questioned if staff s recommendation of approval includes all of the conditions as written in the report. Mr. Kelly explained that the issue needs to be addressed and that they have the right to address it however they choose. Chairman Merritt questioned if they were legally able to require that condition since it is not a responsibility of this applicant, but the responsibility of Kolter. Mr. Kelly stated that he believed it could be done. Mr. Miller stated that he felt the condition as it is worded in the staff report was too vague and would be better addressed by changing it from the permits to the certificate of occupancy. Chairman Merritt opened the public hearing. Mr. Bill Hammer, 7672 Charleston Way, stated that he was not for or against the application but had several concerns regarding the project. He stated that they are concerned about concurrence of the infrastructure to support any development because of the speed and magnitude of growth in the area. He also stated that he is concerned about the adequacy of the proposed facility with the multiple uses expected. He stated they are concerned about the adequacy of parking and traffic flow. He advised that there is a traffic circle at the entrance, which are two lanes around the circle, the radius of the circle is extremely small and doesn't allow time for lane changes. He continued that if you are heading to the west into that circle, which all traffic coming from the east into the hotel will have to do, there are three lanes that merge into the two-lane circle. He stated tliat the right hand lane is a designated right turn only lane, but must enter the outer lane of the circle in order to make the right turn. He also stated that they are also concerned about the pedestrian crosswalk crossing that roadway from the east, heading west, because it is not safe. He advised that the highest facility in the vicinity is two stories and this would be doubling that height, which would really stick out. He also stated that the statement of finishing the project as the market dictates could become an issue and should not be allowed to proceed without a certain date of completion. Mr. David Miller stated that the statement about finishing the project as the market dictates was actually meant to be that both phases might be built at one time, if the market demand was there. He also stated that the schedule of development is not anticipated to extend any further than projected because they are considering building both phases at the same time. He advised that the project also would have more than the number of required parking spots based on the total space. Ms. Hammer questioned if the plan involved any shared parking. Mr. Miller explained that the parking would exist separate from one another. P & Z / LPA Meeting September 18, 2003 Page 9 Seeing no one else, Chairman Merritt closed the public hearing. Ms. Hammer stated that the residents were concerned about traffic going into the circle. She continued that the residents had suggested trying to divert Commerce Drive and bring it straight between the hotels. She advised that she discussed this with Mr. Dennis Murphy and was told that both State and Federal regulations would not allow any intersection any closer to the I-95 ramps than the present circle is currently. She stated that if you come west along Reserve Boulevard people are crossing over the eastern lanes and pulling into Champions Way. She suggested that something must be done to keep people from coming head on into traffic exiting The Reserve. She stated that she understood that this wasn't really an issue for the applicant, per se, but believes anyone trying to enter the hotel could come head on into traffic. She also stated that she hopes that Kolter will get the roadway straightened out as quickly as possible. She advised that she doesn't know how they are going to get the average traveler into their hotel because they will get confused when they hit the circle. She also stated that they are concerned about the line of site at the intersection of Commerce Boulevard and Champions way. She suggested that the vegetation be pushed back further than depicted on the plan to allow for the line of site to be clear at the corners. She confirmed that they would comply with construction hours regulated by the County. She also stated that after hearing the applicant, it would be unfair to condition the start of their project to when Kolter decides to deal with the roads. She stated she would be willing to tie the condition into the Certificate of Occupancy rather than the issuance of building permits as the applicant requested. Mr. Lounds asked the applicant to clarify the parking issues and requirements. Mr. Miller explained that it is a 5000 square foot restaurant with 1000 square feet of outdoor seating area, for a total of 6000 square feet. He stated it would hold approximately 150 to 200 patrons. He continued that there would be 170 hotel rooms. Mr. Lounds questioned what the expected parking lot requirements were for the office space. Mr. Miller stated that the County parking requirement for office space is 5 per 1000 square feet. Ms. Snay explained that the hotel itself is required 247 spaces, which included the spaces for the restaurant and hotel rooms. She continued that the office building required an additional 60 spaces, which totaled 307 required parking spaces for the site. Mr. Lounds questioned what the expected occupancy of the hotel would be. Mr. Miller stated that most hotels have an average occupancy of 65 — 70% for them to be economically viable. Mr. Lounds stated that he feels this design saves a lot of the native trees and shrubs that are on the site. Mr. Akins stated that he is concerned about shifting responsibility that is currently under a DRI to this project and would set a dangerous precedent. Mr. Lounds questioned if this would be shifting the requirement away from Kolter and placing it on this developer. Mr. Kelly explained that the condition as it is written in the staff report is placing the requirement on the developers of this project. Mr. Miller explained that the responsibilities for any improvements are that of the Master Developer as written in the DRI for The Reserve as a whole. Mr. Murphy stated that this project is only a preliminary plan review and the rest of the Kolter projects already have their preliminary approvals. He also stated that Kolter is going to have 4 additional parcels going before the Board of County Commissioners on October 7 for final PUD approval. He advised that the original development order stated that no more building permits could be issued once a certain level of service standards has been met. He stated that they have met that standard now and they are concerned about the timing of the Master Developer providing the signalization. Mr. Grande stated he felt this should be voted on exactly as Staff recommended and let the Board of County Commissioners review the discussions in the minutes to make their decision. Mr. P & Z / LPA Meeting September 18, 2003 Page 10 Lounds stated that he felt the recommendation to change it from building permits to a certificate of occupancy should be included in the motion to send the message to the Board of County Commissioners. 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 Kenneth F. Lowe, Jr., for a Preliminary Planned Non -Residential Development (PNRD) approval for a 12,000 square foot office building and Preliminary and Final PNRD approval for a 170-unit hotel and a Change in Zoning from the CG (Commercial, General) Zoning District to the PNRD (Planned Non -Residential Development) Zoning District for the project known as PGA Village Hotel and Office with the conditions cited by staff with the exception that in Condition # 5, the actual issuance of the building permit is allowed and the certificate of occupancy would only be granted if the specified work is performed to the specifications of the County because it is a good use of the parcel. Motion seconded by Mr. Akins. Upon a roll call vote the motion was approved unanimously (with a vote of 9-0) and forwarded to the Board of County Commissioners with a recommendation of approval. P & Z / LPA Meeting September 18, 2003 Page 11 AGENDA ITEM 3: GLASSMAN PROPERTIES LLC. — File No. RZ-03-017: Mr. David Kelly, Planning Manager stated that the applicant had stated that they would like to have Agenda Items # 3 & # 4 continued to allow time for a charette to be done. He also stated that these two applications would be re -noticed and re -advertised. Mr. Kerran Kilday stated that they feel it would be more appropriate to address their applications after a charette has been done. He asked that both items be continued until February 19, 2004, which is a six-month delay, to allow time for the charettes to be completed. Mr. Grande & Mr. Hearn both thanked the applicant for their request. Chairman Merritt opened the public hearing. Seeing no one, Chairman Merritt closed the public hearing. Ms. Hammer made a motion to continue until February 19, 2004 at 7:00 p.m. or as soon thereafter as possible. Motion seconded by Mr. Hearn. Upon a vote the motion passed unanimously (with a vote of 9-0) to be continued until the February 19, 2004 Planning and Zoning Commission Meeting at 7:00 p.m. or as soon thereafter as possible. P & Z / LPA Meeting September 18, 2003 Page 12 AGENDA ITEM 4: GLASSMAN PROPERTIES. LLC. — File No. RZ-03-035: Mr. David Kelly, Planning Manager stated that the applicant had stated that they would like to have Agenda Items # 3 & # 4 continued to allow time for a charette to be done. Mr. Kerran Kilday stated that they feel it would be more appropriate to address their applications after a charette has been done. He asked that both items be continued until 2-19-04, which is a six-month delay, to allow time for the charettes to be completed. Mr. Grande & Mr. Hearn both thanked the applicant for their request. Chairman Merritt opened the public hearing. Seeing no one, Chairman Merritt closed the public hearing. Ms. Hammer made a motion to continue until February 19, 2004 at 7:00 p.m. or as soon thereafter as possible. Motion seconded by Mr. McCurdy. Upon a vote the motion passed unanimously (with a vote of 9-0) to be continued until the February 19, 2004 Planning and Zoning Commission Meeting at 7:00 p.m. or as soon thereafter as possible. P & Z / LPA Meeting September 18, 2003 Page 13 AGENDA ITEM 5: T&T LAND LTD. — File No. RZ-03-032: Mr. Hank Flores, presenting Staff comments, stated that Agenda Item # 5 was the application of T & T Land, Ltd., for a Change in Zoning from the AG-1 (Agricultural — 1 du/acre) Zoning District to the IL (Industrial, Light) Zoning District for 19.11 acres of property located on the East side of North Kings Highway, approximately 2,500 feet south of Angle Road. He advised that the petitioner had requested this change in zoning in order to allow the property to be developed for light industrial uses. He also stated that the Kings Crossings Park of Commerce, an 8 lot industrial subdivision, is located to the southwest of 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. Mr. Al Brodeaur, Thomas Lucido and Associates, stated that he represented the petitioner T&T Land, Ltd. He stated they concurred with the staff report and recommendation. He advised that in the past the County had intended, at one time, for this area to be a light industrial area. He continued that with the access to the highway, scheduled road improvements, lack of residential uses, and the market climate has become more favorable for light industrial development. He stated that caddy corner across the street was approved and being developed as a small light industrial park and believe this rezoning would be consistent with the surrounding area. Chairman Merritt opened the public hearing. Mr. Kenny Hogan, a representative of Hogan Brothers Welding, stated that they are the neighbor to the north, which is zoned IL (Industrial, Light) and he recommended approval of this request. Seeing no one, Chairman Merritt closed the public hearing. Mr. McCurdy stated that after considering the testimony presented during the public hearing, including staff comments, and the Standards of Review as set forth in Section 11.06.03, St. Lucie County Land Development Code, I hereby move that the Planning and Zoning. Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of T&T Land, Ltd., for a Change in Zoning from the AG-1 (Agricultural - 1 du/acre) Zoning District to the IL (Industrial, Light) Zoning District because that has been the trend in this area. I believe it is going to continue to be the trend and that has been expressed in the several other rezonings in the area. Motion seconded by Mr. Grande. Upon a roll call vote the motion was approved unanimously (with a vote of 9-0) and forwarded to the Board of County Commissioners with a recommendation of approval. P & Z / LPA Meeting September 18, 2003 Page 14 AGENDA ITEM 6: GERHARD KAMPICHLER — File No. RZ-03-034: Mr. Hank Flores, presenting Staff comments, stated that Agenda Item # 6 was the application of Gerhard Kampichler, for a Change in Zoning from the CN (Commercial, Neighborhood) Zoning District to the CG (Commercial, General) Zoning District for 0.91 acre of property located at 1123 South 33rd Street. He continued that the surrounding zoning is CN (Commercial, Neighborhood) to the south and west with CG (Commercial, General) to the north and further south and R4 (Residential — 4) is located to the east in the City Limits of Ft. Pierce. He also stated that the petitioner -had requested the change in zoning in order to allow the property to be developed for general commercial purposes. He advised that Mr. Kampichler operates a sealing and coating business and thus a rezoning to CG would be required. He continued that the property is currently being operated with a refrigeration business, a non -conforming use, and a photography business, a conforming business. 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 to Board of County Commissioners. Ms. Lana Brown, 701 Texas Court, stated that she was the representative and partner of the petitioner Gerhard Kamphichler in the seal coating business. Mr. Lounds questioned if this changed the use of the land or would just bring the non- conforming use into compliance. Mr. Flores stated that it would change the use of the land because the previous owner did those other two uses and this owner wants to change it to a sealing and coating business. Mr. Grande stated this is a significant change of the land. He stated that it currently is a more gentle usage than any of the permitted uses, like a gas station, under the proposed zoning. Mr. McCurdy questioned if Mr. Grande was familiar with the 33rd Street corridor. Mr. Grande confirmed that he was. Mr. McCurdy stated that there are other CG (Commercial, General) zonings in that area that don't have a gas station and doesn't believe that would happen in that area. Ms. Brown confirmed that they don't want a gas station on the property. Mr. Grande stated that they need to understand that this request is a change in zoning, so if approved, the permitted uses, any of them, would be allowed under this proposed zoning. Mr. Hearn questioned how long they had owned the property. Ms. Brown stated they had just purchased it about two months prior. Mr. Hearn questioned if they knew at the time of purchase that they could not have that type of business under the current zoning and would need to be rezoned. Ms. Brown stated they were not aware of that because it was only advertised as being commercial property. She continued that after investigating further they found out it was-CN - (Commercial, Neighborhood) as opposed to CG (Commercial, General). Chairman Merritt opened the public hearing. Ms. Estelle Dunn, 3204 Kentucky Avenue, stated that she was representing the other owners in the neighborhood and that they were against this change because it would change the area from a neighborhood to more of a business. She advised that the area that the business is planning to go to is really not suitable for a business. She continued that it is a small tract of land that would be P & Z / LPA Meeting September 18, 2003 Page 15 more suitable for just a home, not a business. Mr. Akins questioned if Ms. Dunn was aware of the other commercial businesses operating in the area. Ms. Dunn stated that she was aware that there is a little neighborhood store and previously there was also a thrift shop. Mr. Hearn questioned how intense the storage of commercial vehicles and the equipment and supplies be under the CG (Commercial, General) Zoning and if they would be allowed to be stored surrounding the building. Mr. Kelly explained that outside storage is not a permitted use under CG (Commercial, General) Zoning. Mr. Hearn questioned if this business could be compared to a contractors office under the permitted uses in the CG (Commercial, General) Zoning. Mr. Kelly stated that is generally what he understood. Ms. Brown stated that they have a four -stall pole barn in the back that the equipment would be stored in and cannot be seen from the road. She also stated that there is a 3/2, 2/2, and a 1/1 on the property too that have tenants who don't have a problem with this request. She continued that they planned in the future to put up a fence so that it would not be an eye sore for anyone. Ms. Hammer questioned what they would be storing in the pole barn. Ms. Brown stated they would store their trucks and tanks. She advised that their business uses a coal tar emulsion seal coating to cover cracked driveways, parking lots, and doing the striping. Ms. Hammer questioned if there was any odor from the materials. Ms. Brown explained that it is a cold application and there would be no odors because it is not used until on a job site. Mr. Hearn stated that under the permitted uses it shows construction services with offices and interior storage only, but he doesn't see how that language applies to this business. Ms. Brown stated that the office is located at her home not on this site. Mr. Kelly stated that he wasn't aware of the pole barn and would need to do know more about the pole barn to see if that qualifies as an interior use. Mr. Flores stated that the applicant advised him of the pole barn and he directed her to the building department to find out their requirements for enclosing the structure itself. Ms. Brown stated that if there were any requirements to enclose the pole barn they would be willing to do that. Chairman Merritt questioned how big the site is. Mr. Flores stated that it is just under an acre. Mr. Lounds stated that there is another property shown on the Arial photograph that has a building with many items being stored behind it. He stated that he didn't see why there was all of this concern about storing items within a pole barn that is on an acre. He advised that this area needs to have a little revision and doesn't believe this pole barn and equipment would be a problem. Chairman Merritt questioned if there are three houses currently on the property. Ms. Brown explained that there is one house with a 3/2 and a 2/2. She advised that there is a separate cottage, which is a 1/1. She stated that the four -stall pole barn was built when they were building I-95 through and the county used it to store all of their vehicles: - Mr. Grande questioned if the applicant wanted to do business out of the pole barn but continue to maintain the three apartments that are currently on the site. Ms. Brown confirmed that was correct. Mr. Grande stated that he didn't believe three residential units would be allowed under the CG (Commercial, General) zoning. Ms. Brown stated that they are pre-existing. Mr. Kelly explained that three buildings would not be permitted within CG zoning. He advised that they are non -conforming uses. Mr. Grande stated that they are not within CG zoning presently, they are in CN (Commercial, Neighborhood) zoning. Mr. Kelly stated that they are also non- P & Z / LPA Meeting September 18, 2003 Page 16 conforming uses under the current CN zoning so it would not be making a change to the status of the residences. He stated that the Comprehensive Plan shows all of this area as commercial. He continued that all of the zoning in this area is also commercial with a number of existing CG (Commercial, General) zoned parcels there. Mr. Grande questioned why no one was notified on Louisiana Avenue. He also questioned if the residents within city limits would be notified as well. Mr. Kelly stated that all of the property owners within 500 feet of the subject property, including city residents, were notified. He went through the list and advised that the residences on Louisiana are apartments that are owned by people who reside in Del Ray Beach and they were notified. He advised that we did not notify the renters themselves because they do not own the property but there was a sign placed on the subject property. Seeing no one else, Chairman Merritt closed the public hearing. Mr. Lounds stated that after considering the testimony presented during the public hearing, including staff comments, and the Standards of Review as set forth in Section 11.06.03, 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 Gerhard Kamphichler for a Change in Zoning from the CN (Commercial, Neighborhood) Zoning District to the CG (Commercial, General) Zoning District because I think it is consistent with which the neighborhood is beginning to move, noting that there is a residential area across the street, but also the fact that there is commercial, commercial neighborhood, commercial general all through the western side of this particular area. Motion seconded by Mr. McCurdy. Upon a roll call vote the motion was approved with a vote of 5-4 (with Mr. Grande, Ms. Hammer, Mr. Hearn, and Mr. Trias voting against) and forwarded to the Board of County Commissioners with a recommendation of approval. P & Z / LPA Meeting September 18, 2003 Page 17 AGENDA ITEM 7: FIRST BAPTIST CHURCH OF FT. PIERCE — FILE NO. CU-03-014: Mr. Hank Flores, presenting Staff comments, stated that Agenda Item # 7 was the application of First Baptist Church of Ft. Pierce for a Conditional Use Permit to allow Educational Services and Facilities in the I (Institutional) and RF (Religious Facilities) Zoning Districts for 19.46 acres of property located at 4500 South 250' Street. He continued that the surrounding zoning is RS-2 (Residential, Single -Family - 2 du/acre) zoning to the north with AR-1 (Agricultural, Residential — 1 du/acre) to the south and across South 25"' Street to the west. He also stated that R/C (Residential Conservation) is located to the east with I (Institutional) and RF (Religious Facilities located to the west. Mr. Flores stated that the applicant has applied for the requested conditional use in order to establish an educational facility for a maximum of 40 students for a pre-school. He advised that a church is currently located on the subject property and the addition of two new 672 square foot classroom buildings is being proposed. He also stated that educational services and facilities are allowed as conditional uses in both zoning districts subject to the approval of the Board of County Commissioners. 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, subject to three limiting conditions: The number of students shall be limited to a maximum of 40. 2. The hours of operation for the educational facility shall be from 7 A.M to 6 P.M., Monday through Friday. 3. First Baptist Church of Ft. Pierce shall finalize negotiations with St. Lucie County for the additional right-of-way for South 251' Street prior to permits being issued for the school addition. Mr. Charlie Canginelli, 1004 S llth Street, stated that he was there representing the applicant and Pastor Andy Boyd was also present. He continued that this request was to accommodate an education facility. He advised that the proposed preschool facility would accommodate 40 children, Monday through Friday, from 7 a.m. to 6 p.m. He stated that at this time the 23 acre site was under design for a new church, preschool, and supporting facility. He advised that he did not know if it was possible for the applicant to meet condition # 3. Pastor Andy Boyd, 1715 SW Mockingbird Drive, stated that he has spoken with David Brian McCarsky who is representing the County in land acquisition along 25th street for the widening project and will be signing a counter offer in the morning. He continued that he didn't believe there would be any problem with the negotiations and meeting condition # 3 that was set forth. Mr. Grande questioned if the applicant would be willing to leave condition # 3 as it was written in the staff report. Pastor Boyd stated that would be fine. Mr. Grande questioned if they could justify adding condition # 2 because it would never allow a night class or any kind of evening activities. Mr. Flores stated that it was consistent with what was done with previous preschool requests. He continued that they recognize there might be occasional nighttime activities, which P & Z / LPA Meeting September 18, 2003 Page 18 would be allowed. Mr. Kelly stated that the intent was not to prevent parents meeting at night to discuss educational issues but was to limit the actual operation of the educational facility and children. Chairman Merritt opened the public hearing. Mr. John Ferrick, 4802 S 25th Street, stated that his wife Patricia Ferrick has concerns regarding the ingress and egress on 25th Street. He advised that if constructed there would only be a left turn heading south and only a right turn heading north causing u-turns in this area. He stated that there would not be the ability for a bus to make turns into the property safely. He questioned what portion of this property the conditional use would apply to. He stated that the size of the property could lead to expansions. He also stated that this property burned exotics when clearing the property, which caused serious health threats and hazards in the area. He stated that this parcel is 19 1/2 acres for a 40-child, two -classroom preschool and that seems a little much. Mr. Mitchell Wilson, 1005 W 1st Street, stated that there would not be any busing for this facility, only parent drop-off and pick-up. He also stated that the modular unit for the school would be placed on their existing property, not where the property is currently being cleared. He advised that the burning on the site was complete and there would not be any additional burning done. He stated that they were clearing the property for the past two or three months, had the proper permits, and met all of the requirements necessary for the burning. He stated that they tried diligently to address any concerns from the neighborhood that they were told about. He also stated that they were inspected almost daily during the clearing process by regulatory agencies from the County and the City. He continued that they worked with the Division of Forestry, Fire District, and all necessary agencies for their clearing and burning. He advised that they are working with RK Davis on the first phase of their project and their master site plan. Mr. Hearn questioned if the applicant would have any problem adding a condition that there would not be any school bus transportation. Mr. Canginelli stated there was no problem with adding that condition. Chairman Merritt stated that he felt it would be more sensible to have one single bus entering and exiting the school rather than forty cars. Mr. Hearn stated that if the traffic structure could support a bus he didn't have a problem with that. He continued that he was under the impression there were problems getting a bus in and out of the property. Mr. Ferrick stated that under the new proposed 4-lane construction of 25th street it has an island in the median area, which would make it difficult for a bus to enter or exit the property. Pastor Boyd stated that their church currently owns and utilizes a 27-passenger mini bus, which has no trouble turning around or maneuvering in and out of the property. He agreed that it wasn't as long as a school bus, but that shouldn't be a problem. He advised that their site is large enough to accommodate larger vehicles turning around. Mr. Trias questioned if this is a DOT road or a County road. Mr. Kelly explained it is a DOT road. Mr. Trias questioned if the County has any influence regarding the design of the median. Mr. Kelly stated that they have very little to do with DOT roadway projects. Ms. Hammer stated that if this is just a design and isn't built yet, Senator Pruitt and Representative Harrell should be able to do something to correct this issue. Seeing no one else, Chairman Merritt closed the public hearing. P & Z / LPA Meeting September 18, 2003 Page 19 Mr. Hearn 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 First Baptist Church of Ft. Pierce for a Conditional Use Permit to allow educational services and facilities in the I (Institutional) and RF (Religious Facilities) Zoning Districts subject to the three conditions listed in the Staff report because it appears to be a natural progression of their plans for this area and with some adjustment on DOT'S part school buses could use this property. Motion seconded by Mr. Grande. Upon a roll call vote the motion was unanimously approved (with a vote of 9-0) and forwarded to the Board of County Commissioners with a recommendation of approval. P & Z / LPA Meeting September 18, 2003 Page 20 Seeing no one else Chairman Merritt closed the public hearing. Mr. Lounds made a finding of consistency that the presented Interlocal Agreement between the St. Lucie County School Board and the Board of County Commissioners is consistent with Objective 1.1.17 and its intended Policies; and further recommend that the Board of County Commissioners approve this agreement as drafted. Motion seconded by McCurdy. Upon a vote the motion was unanimously approved (with a vote of 9-0) and forwarded to the Board of County Commissioners. - P & Z / LPA Meeting September 18, 2003 Page 22 OTHER BUSINESS/DISCUSSION: Mr. Lounds stated that nobody takes their advice as a board. He continued that they are here because they like the county but he thinks that there are commissioners driving the open space issues the way they want it. He stated the commissioners should realize that it is a three out of five vote that makes things happen in the county, not one. He also stated that this board and the public have spent a lot of time working on the open space and clustering issues and is being ignored. He continued that he feels the verbiage is being driven by members of the County Commission to get it passed regardless so that the urban service issues remain where they are today. He advised that they do not want the county to progress commercially or residentially. He stated th t hey don't want to make it feasible for the agricultural area to survive under a better land than what they are trying to do. He continued that somewhere all of this would come out and ten years from now we will hopefully look back and say it worked out. He stated that right now he is upset with the system and the grinding wheel of bureaucracy is working well right now. Chairman Merritt questioned when the open space issues were started. Mr. Murphy stated that it was first presented to them around January 2003, with lead in discussion and work around October of 2002. He also stated that they have discussed it on three or four different occasions. He advised that on September 30, 2003 there would be a workshop to go over some things that Commissioner Barnes wanted to discuss. He continued that the final reading of the ordinance would be on October 7, 2003. He stated that the Board wanted it rewritten without the buy out clause and there were also some additional issues relative to if this would apply to specific areas or the entire western portion of the county. Next scheduled meeting will be October 16, 2003. ADJOURNMENT Meeting was adjourned at 11:30 p.m. Respectfully submitted: Dawn Gilmore, Secretary P & Z / LPA Meeting September 18, 2003 Page 23 Planning and Zoning Commission Review: 10/16/03 File Number CU-03-008 I►,1:1►Ti[911 ki111Illll DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Planning and Zoning Commission r! FROM: Planning Manager DATE: October 10, 2003 SUBJECT: Application of R.C. Thoennissen, for a Conditional Use Permit to allow the operation of a household goods warehousing and storage mini - warehouse facility in the CG (Commercial, General) Zoning District. (File No.: CU-03-008) LOCATION: 3250 North Kings Highway EXISTING ZONING: CG (Commercial, General) FUTURE LAND USE: COM (Commercial) PARCEL SIZE: 4 acres PROPOSED USE: Household goods warehousing and storage mini - warehouse facility SURROUNDING ZONING: CG (Commercial, General) and IL (Industrial, Light) to the south. AR-1 (Agricultural, Residential — 1 du/acre) is located to the east and north. AGA (Agricultural — 1 du/acre) is located to the west across North Kings Highway. SURROUNDING LAND USES: FIRE/EMS PROTECTION: UTILITY SERVICE: 0 The general existing use surrounding the property is citrus groves and some commercial and light industrial uses. The Future Land Use Classification of the surrounding area is MXD - Airport (Mixed Use Development) to the east, north, east, and south. Station #4 (4000 St. Lucie Boulevard), is located approximately 2 miles to the east. Water and sewer facilities are provided by an on -site well and septic system. October 10, 2003 Subject: R.C. Thoennissen Page 2 File No.: CU-03-008 TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way for North Kings Highway is 60 feet. An additional 160.5 feet is required for the planned widening of North Kings Highway. SCHEDULED IMPROVEMENTS: None. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for the proposed conditional use, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed conditional use is in conflict with any applicable portions of 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 household goods warehousing and storage mini -warehouse facilities as conditional uses subject to Board of County Commission approval. The subject property is currently utilized for the outdoor storage of vehicles and boats. 2. Whether and the extent to which the proposed conditional use would have an adverse impact on nearby properties; The proposed. - -conditional__ use-- -is--not. expected to adversely impact the surrounding properties. The subject property has been the location of an automobile/boat/recreational vehicle storage facility since 1996. The proposed mini -storage facility would be a complement to this operation. 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; October 10, 2003 Page 3 Subject: R.C. Thoennissen File No.: CU-03-008 This conditional use is not expected to create significant additional demands on any public facilities in this area. The existing development has water and sewer service provided by an on -site well and septic system. The existing transportation network is able to handle the existing and proposed traffic from the facility. 4. Whether and the extent to which the proposed conditional use would result in significant adverse impacts on the natural environment; The proposed conditional use is not anticipated to create adverse impacts on the natural environment. The existing portion of the project has areas of native vegetation that will be preserved in place. The proposed mini -storage portion of the project also has a native vegetative area that will be preserved. COMMENTS The applicant, R.C. Thoennissen, has applied for the requested conditional use in order to operate a household goods warehousing and storage mini -warehouse facility in the CG (Commercial, General) Zoning District. Household goods warehousing and storage mini - warehouse facilities are allowed as conditional uses in this zoning district subject to the approval of the Board of County Commissioners. The proposed project consists of 18,759 square feet of space. An existing office contains 2,029 square feet and the proposed mini -storage facility will contain 16,730 square feet in 5 buildings. Staff finds that this petition meets the standards of review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval, subject to the following conditions: 1. The existing area of outdoor storage shall be paved to St. Lucie County specifications. Said paving shall be completed in phases in coordination with St. Lucie County. 2. The developer, his successors or assigns, shall coordinate with the St. Lucie County Environmental Resources Division for the micro -siting of the tree preservation areas. Please contact this office if you have any questions on this matter. Attachment hf cc: County Administrator County Attorney R.C. Thoennissen File Suggested motion to recommend approval/denial of this requested conditional use. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF R.C. THOENNISSEN, FOR A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A HOUSEHOLD GOODS WAREHOUSING AND STORAGE MINI - WAREHOUSE FACILITY 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-R:C.-- THOENNISSEN, FOR A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A HOUSEHOLD GOODS WAREHOUSING AND STORAGE MINI -WAREHOUSE FACILITY IN THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT, BECAUSE..., [CITE REASON(S) WHY - PLEASE BE SPECIFIC] 0 Section 3.01.03 Zoning District Use Regulations S. CG COMMERCIAL, GENERAL Purpose The purpose of this district is to provide and protect an environment suitable for a wide variety :; commercial uses intended to serve a population over a large market area, which do not impose undesirable noise, vibration, odor, dust, or offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with general commercial surroundings. The number in "()"-following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Adjustment/collection & credit reporting services (732) b. Advertising (731) C. Amphitheaters (999) d. Amusements & recreation services -except stadiums, arenas, race tracks, amusernont parks and bingo parlors (79) e. Apparel & accessory stores (se) f. Automobile dealers (ss) g. Automotive rental, repairs & serv. (except body repairs) (7s1.753.754) h. Beauty and barber services (72w24) i. Building materials, hardware and garden supply (52) j. Cleaning services 7349) k. Commercial printing (999) I. Communications - except towers (ae) - m. Computer programming, data processing & other computer sere. (737) n. Contract construction serv. (office & interior storage only) tlsnstin o. Cultural activities and nature exhibitions (999) p. Duplicating, mailing, commercial art/photo. & stenog. serv. (733) q. Eating places (sar) r. Educational services - except public schools (ee) S. Engineering, accounting, research, management & related services (ar) t. Equipment rental and leasing services (735) u: Executive, legislative, and judicial functions (91/92/93MOSSM/97) V. Farm labor and management services (oga) W. Financial, insurance, and real estate (6=v6,m3m1s5/a7) X. Food stores (sa) Y. Funeral and crematory services (728) _ z.- Gasoline service stations (ssal) aa. General -merchandise stores tsar bb. Health services (eo) cc. Home furniture and furnishings (s7) dd. Landscape & horticultural services (ole) ee. Laundry, cleaning and garment services (n1) ff. Membership organizations - except for religious organizations as provided in Section 8.02.01(H) of this code tea) gg. Miscellaneous retail (see SIC Code Major Group 59): (1) Drug stores (s91) Adopted August 1. 1990 4� 118 Revised Through 08/01/00 3. Section 3.01.03 Zoning District Use Regulations (2) Used merchandise stores (593) (3) Sporting goods (5941) (4) Book & stationary (5942/5943) (5) Jewelry (5944) (6) Hobby, toy and games (s945) (7) Camera & photographic supplies (5946) (8) Gifts, novelty and souvenir (5947) (9) Luggage & leather goods (594e) (10) Fabric and mill products (5949) (11) Catalog, mail order and direct selling (s9e115953) (12) Liquified petroleum gas (propane) (s9e4) (13) Florists (5992) (14) Tobacco (5993) (15) News dealers/newsstands (5994) (16) Optical goods (5995) (17) Misc. retail (See SIC Code for specific uses) (s999) hh. Miscellaneous personal services (see SIC Code Major Group 72): (1) Tax return services (n91) (2) Misc. retail (See SIC Code for specific uses) (7--99) ii. Miscellaneous business services (see SIC Code Major Group 73): (1) Detective, guard and armored car services (73s1) (2) Security system services (73u) (3) News syndicate (7393) (4) Photofinishing laboratories Vw) (5) Business services - misc. (73as) jj. Mobile home dealers (527) kk. Mobile food vendors (eating places, fruits & vegetables -retail) m9 II. Motion pictures (7e) mm. Motor vehicle parking - commercial parking & vehicle storage. (7sz) nn. Museums, galleries and gardens (so oo. Personnel supply services (736) pp. Photo finishing services (73aa) qq. Photographic services (722) rr. Postal services (43) ss. Recreation facilities (9ss) tt. Repair services (7a) uu. Retail trade -indoor display and sales only, except as provided in Section 7.00.00. (999) vv. Social services: 0) Individual & family social services (93M39) (2) Child care services (e35) (3) Job training and vocational rehabilitation services (833) ww. Travel agencies (4724) - - - xx. Veterinary services (074) Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. Adopted August 1, 1990 ,, 119 Revised Through O8/01/00 Snction 3.01.03 Zoning Disbict Use Regulations 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking and Loading Requirements Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses a. Adult establishments subject to requirements of Sec. 7.10.10. (99) b. Drinking places (alcoholic beverages) - free-standing. (5813) C. Disinfecting & pest control services. o342 d. Amusement parks. (7m) e. Go-cart tracks. (7s99) f. Hotels & motels. (7o,) g. Household goods warehousing and storage -mini -warehouses (m) h. Marina - recreational boats only. (4493) i. Motor vehicle repair services - body repair. (753) j. Sporting and recreational camps. (7ose) k. Retail trade: (1) Liquor stores. (592) k. Stadiums, arenas, and race tracks. (794) I. Telecommunication towers - subject to the standards of Section 7.10.23 tmm 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and inclu& i, a _ a. Drinking places (alcoholic beverages as an accessory use to a restaurant and/or civic, social, and fraternal organizations). b. One single-family dwelling unit contained within the commercial bltilding, or a detached single-family dwelling or mobile home, (for on -site security purposes). C. Retail trade: (1) Undistilled alcoholic beverages (accessory to retail sale of food). Adopted August 1, 1990 120 Revised Through 08/01/00 4� N -+4..— Z N CYO0 • T— .� O Qw U 7 _ W • 1�0 Ey i s 1£ e l tl7ww yrLit t Sl9is BUSE u i tutor " ~ ♦ ow P AT 591r — ,� 01 a W In r!! onON Yr741 z D / as Miw513MI OU Z .�� O am Me O :+-j am 3DOWIlloncl: ' O U , OWN T1Mr7 cv-ym-- -. a L- O �� j�Jj z W 1 i OWN ""Im T130 W �'-- as 033K HOLVM K L ' Q 0 K-� \rxr� z ♦ j ♦ ♦ W W n A � 6 5 K 1 S St 1 S 9£ 1 + 1UNf100 3380H033>10 2 A Petition of Raymond C. Thoennissen for a Conditional Use Permit to allow a C U 03-013 -. This pattern indicates Map prepared September30.20M subject parcel DW�h.b—WW"�� N WOM My %a t- Ears —ft b D�'� h m =rtl W. HunWlon po.abW lb ge MiWO Wu n • Wg*-i I — O=V" f�� C U 03-013 d C. Thoennissen 7 —�o 0/ This pattern indicates subject parcel ok - Map prepared September 30, 2003 n" mw t- fwn —M W fa a.. P 1 .4 �alemw pupo�r oiYy. WNW carry ~h. ben f k n WWft ti "a.,...� .m.r. NanerYon VouEU 4M W"..Cl d for— M . MWY bbX*V E-." N n - - -1 /% TI- ------0— — --- C 03-013, rV This pattern indicates Map prepared September30,2003 subject parcel *.�Y~h.b-°W°0P.. ~~-�.°�°�.". N ,a.0 ,.» n.( ku'.w Im w tl . w9w b"Q Atglwl Raymond C. Thoennissen C U 03-013------- 500' boundary This pattern indicates subjegt parcel Al Map prepared September 30, 2003 �1.��-0. NTY ft" ~h. bo n." b Pam h n10MElln\I� W m.Y Fia,nutivl paWY, kY rglhWMed buM Y n IpM/ bM'p d-L N AGENDA - PLANNING & ZONING COMMISSION October 16, 2003 7.00 P.M. RAYMOND C. THOENNISSEN, has petitioned St. Lucie County for a Conditional Use Permit to allow a mini -storage facility in the CG (Commercial, General) Zoning District for the following described property: Location: 3250 North Kings Highway. Please note that all proceedings before the Planning and Zoning Commission/Local 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 parry to the proceeding, individuals testifying during a hearing will be sworn in. Any parry to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners October 6, 2003. Legal notice was published in The News and The Tribune, newspapers of general circulation in St. Lucie County, on October 6, 2003. File No. CU-03-013 BOARD OF COUNTY COMMISSIONERS October 6, 2003 JL�E BOG COMMUNITY DEVELOPMENT ��OR10P DIRECTOR In accordance with the St. Lucie County Land Development Code, you are hereby advised that RAYMOND C, THOENNISSEN has petitioned St. Lucie County for a Conditional Use Permit to allow a mini -storage facility in the CG (Commercial, General) Zoning District for the following described property: Location: 3250 North Kings Highway. 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 October 16, 2003, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. Written comments to the Planning and Zoning Commission should be received by the County Planning Division at least 3 days prior to a scheduled hearing. County policy discourages communication with individual Planning and Zoning Commission and County Commission on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide. written comments for the record. The proceedings of the Planning and Zoning Commission are electronically recorded. If a person decides to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462- 1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above -described parcel, please forward this notice to the new owner. Please call (772) 462-1582 if you have any questions, and refer to: File Number CU-03-013. Sincerely, ST. L E COUNTY PLANNING ND ZONING COMMISSION Ed Merritt, Chairman JOHN D. BRUHN, District No. 1 • DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 • FRANNIE HUTCHINSON, District No. 4 • CLIFF BARNES, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue • Fort Pierce, FL 34982-5652 Administration: (772) 462-1590 • Planning: (772) 462-2822 GIS/iechnical Services: (772) 462-1553 Economic Development: (772) 462-1550 Fax: (772) 462-1581 Tourist/Convention: (772) 462-1529 • Fax: (772) 462-2132 www.co.st-lucie.fl.us 111 00 I I M 0i0; M O N i w�10 O v) ! tn 00 00 • I to k t- N N ! NI olt—1 M.M M M'; ;MIM!M. tn �' t~ .. N N N N 1 N N N R � x s a4 a. a. a U a; a: P. U:.A:A, w w w w 3 w w w z W:Wi A tn r. ,. U U X ►°-; ti i b x x X 0 .z'z o, o, Go) -ram. :�.z: o o- rr � z ;U; �n x • wow` IA 0, i I V• i ° �1 i H El; � O„1 ❑ , cOV V + 0, i t i cOCi i VI j� mil CO) y : fn n �- of N t rn titcqj >MI i Nei "" 1 j 1 'A ' I V Iw cl i o f G -'��N Nj �(N N.' �;O i1 Q�I��NjOOi' '.li t 1 - }!f� �I j tn 1�Ic\ !IFId'�irotnof—1 (�iN.c�i 0109 soncE ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA October 16, 2003 TO WHOM IT MAY CERN: NOTICE is hereby given in accordance with Sec- tion 11.00.03 of the St. Lucie County Land De- velopment Code and in accordance with the pro- visions of the St. Lucie County Comprehensive Plan, that the following applicant has requested that the St. Lucie County Board of Commissioners consider their following request: RAYMOND C. THOEN- NISSEN, for a Condition- al Use Permit to allow a mini -storage facility in the CG (Commercial, General) Zoning District for the following de- scribed property: THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF. SECTION 25, TOWN- SHIP 34 SOUTH, RANGE 39 EAST, LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA, LESS DRAINAGE CA- NALS AND ROAD RIGHTS OF WAY AND LESS PARCEL CON- VEYED TO FLORIDA TURNPIKE AUTHORITY RECORDED IN DEED BOOK 215, PAGE 103, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. ALSO, LESS THEREF- ROM THE FOLLOWING DESCRIBED PARCEL OF LAND: ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING, BEING AND SITUATE IN SEC- TION 25, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUN- TY, FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOL- LOWS: COMMENCING AT THE SOUTHWEST, CORNEA OF SECTION 25, TOWN- SHIP 34 SOUTH; RANGE 39 EAST; THENCE NORTH Or 06'48" EAST, ALONG THE WEST LINE OF SAID SECTION 25, A DISTANCE OF 2655.28 FEET TO A POINT; THENCE NORTH 89° 43'39" EAST, A DIS- TANCE OF 70.98 FEET TO A POINT IN THE EAST RIGHT OF WAY ' LINE OF KINGS HIGH- WAY SAID POINT BE- h ING THE POINT OF BE- GINNING OF THE HERE- IN DESCRIBED TRACT; THENCE NORTH 00° 01'15" EAST, ALONG THE EAST RIGHT OF WAY LINE OF SAID KINGS HIGHWAY A DIS- TANCE OF 242.14 FEET TO A POINT; THENCE NORTH 89° 46'12" EAST, A DISTANCE OF 406.15 FEET TO A POINT; THENCE NORTH 00° 01'15" EAST, A DIS- TANCE OF 429.00 FEET TO A POINT, THENCE NORTH 89° 46'12" EAST, A DISTANCE OF 850.55 FEET TO A POINT; THENCE SOUTH 00° 01'16" WEST, A DIS- TANCE OF 670.20 FEET TO A POINT; THENCE SOUTH 89° 43'39" V WEST, A DISTANCE OF 1256.70 FEET TO THE POINT OF BEGINNING. (O.R.B. 1175, PAGE 14- 18) ;Location:3250 North Kings Highway PUBLIC HEARINGS will be held in the Commis- sion Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Admin- i istration Building, 2300 Virginia Avenue, Fort j Pierce, Florida on Octo- ber 16, 2003, beginning at 7:00 P.M. or as soon thereafter as possible. PURSUANT TO Section 286.0105, Florida Stat- utes, if a person decides to appeal any decision made by a board, agen- cy, or commission with respect to any matter considered at a meeting or hearing, he will need a record of the proceed- ings, and that, for such purposes, he may need to ensure that a verba- tim record of the pro- ceedings is made, which record includes the testi- mony and evidence upon which the appeal is to be based. LOCAL PLANNIN( AGENCY/ PLANNING AND ZONING COMMIS SION ST. LUCIE COUNTY FLORIDA /S/ Ed Merritt, Chairman t f c 0 3 41 tE 4 E f f Pi i 3, G In S. P