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HomeMy WebLinkAboutAgenda 11-20-2003 St. Lucie County Planning and Zoning Commission/Local Planning Agency ' Regular Meeting Commission Chambers, 3`d Floor Roger Poitras Annex November 20, 2003 7:00 P.M. AGENDA CALL TO ORDER: A. Pledge of egiance B. Roll Call Announcements D. Disclosures GENDA ITEM 1: MEETING MINUTES -October 16,2003, 2003 Action Recommended: Approval Exhibit #1: Minutes of October 16, 2003, meeting AGENDA.ITEM 2: TEAMSTERS LOCAL UNION # 173 -FILE NO. RZ-03-042: This is the petition of TEAMSTERS LOCAL UNION # 173, for Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the CO (Commercial, Office) Zoning District. Cyndi Snay will present Staff comments. Action Recommended: Forward Recommendation to County Commission Exhibit #2: Staff Report and Site Location Maps AGENDA ITEM 3: REITANO ENTERPRISES, INC. -FILE NO. RZ-03-043: This is the petition of REITANO ENTERPRISES, INC., for Change in Zoning from the AG-1 (Agricultural - 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District. Cyndi Snay will present Staff comments. Action Recommended: Forward Recommendation to County Commission Exhibit #3: Staff Report and Site Location Maps AGENDA ITEM 4: APPOINTMENT OF P&Z MEMBER TO THE CITIZEN STEERING COMMITTEE FOR THE NORTH COUNTY CHARETTE: ~ -1 ~ ~ OTHER BUSINESS: ~ 1 ~ ! O -~~1" \ cr' t A. Other business at Commission Members' discretion. B. Next regular Planning and Zoning Commission meeting will be held on December 18, 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/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 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 Dawn in the St. Lucie County Planning Division at (772) 462-1586. St. Lucie County Planning and Zoning Commission/Local Planning Agency Meeting Minutes REGULAR MEETING October 16, 2003 Commission Chambers, 3rd Floor, Roger Poitras Annex 7:00 p.m. MEMBERS PRESENT: Mr. Lounds, Mr. Akins, Ms. Hammer, Mr. Grande, Mr. Hearn, Ms. Hilson, and Chairman Merritt. MEMBERS ABSENT• Ms. Morgan, Mr. McCurdy, and Mr. Trias (Absent with Notice) OTHERS PRESENT: Mr. David Kelly, Planning Manager; Mr. Hank Flores, Development Review Planner III; Ms. Heather Young, Assistant County Attorney; and Ms. Dawn Gilmore, Administrative Secretary. P & Z / LPA Meeting October 16, 2003 Page 1 P' 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: 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 discussion. P & Z / LPA Meeting October 16, 2003 Page 2 AGENDA ITEM 1: MEETING MINUTES -SEPTEMBER 18.2003: Mr. Grande stated that on Page 23, third line from the bottom of the first paragraph, it should read "land plan" not "land path". Ms. Hammer stated that her name needed to be added to the Members Present list. She also stated that on Page 8 after the fourth full paragraph she would like to make sure that it is added, as she had announced, that she had requested an opinion from the County Attorney's office regarding a potential conflict on this matter as she lived within five hundred feet of the subject property and was included on the notice list for the public hearing. Ms. Young informed the Commission that she had spoken with an attorney for Florida Commission on Ethics who indicated this would not constitute a voting conflict. Ms. Young stated she had prepared a memorandum regarding this matter and would provide a copy to the Secretary for the record. Ms. Hammer also stated that on Page 9 the first paragraph, fourth line from the bottom, should have the word "not" removed from the line "he does not feel" because it is a double negative based on the remainder of the sentence. Mr. Kelly advised we would review the tape to see what was actually-said. After review of the tape the minutes were changed to reflect Mr. Miller's exact words. Mr. Grande made a motion to approve as amended in the discussion and as stated in the memo from Staff regarding Mr. Hearn's statements. Motion seconded by Mr. Akins. Upon a vote, the motion was approved unanimously (with a vote of 6-0) as amended. P & Z / LPA Meeting October 16, 2003 Page 3 AGENDA ITEM 2: RAYMOND C. THOENNISSEN -FILE NO. CU-03-008: Mr. Hank Flores, presenting Staff comments, stated that Agenda Item # 2 was the application of Raymond C. Thoennissen for a Conditional Use Permit to allow for the operation of a household goods warehousing and storage mini-warehouse facility in the CG (Commercial, General) Zoning District for 4 acres of property located at 3250 North Kings Highway. He continued that the surrounding zoning is CG (Commercial, General) and IL (Industrial, Light) to the south, AR-1 (Agricultural, Residential - 1 du/acre) to the east and north and AG-1 (Agricultural - 1 du/acre) to the west across North Kings Highway. Mr. Flores continued that. household goods warehousing and storage mini-warehouse facilities are allowed as conditional uses in the CG zoning district subject to the approval of the Board of County Commissioners. He advised that the proposed project consists of 18,759. square feet of space with an existing 2,029 square foot office for the current use as a vehicle storage area. He also stated that the mini-storage facility is proposed to contain 16,730 square feet in 5 buildings. 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 2 limiting conditions: i . 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. Mr. Raymond Thoennissen, 5910 Silver Oak Drive, stated that he was the applicant and this would be in addition to the outside storage that they already have. He stated they felt this would be a good time to convert to inside storage based on all of the development in the Lakewood Park area. He advised that there seems to be a lot of use for this because most of the units currently in St. Lucie County are 80 - 90% occupied. He also stated that they have been in operation for about four years. Mr. Lounds stated that he doesn't feel there are enough trees to compensate for what he is proposing on the property. Mr. Thoennissen stated that there was a change to a smaller number of trees because of the trees that already exist on the property. Mr. Lounds stated that he is concerned and would like to see a good barrier along Kings Highway. He advised that one thing that they are lookingat is helping commercial industries become more in tune to their appearance / /within the community.. He stated there are some pretty strict rules with regards to maintaining landscaping but the problem is that Code Enforcement doesn't enforce it. He also stated that there is a need along the Kings Highway corridor, specifically in this project's area, to tidy up. He continued that he would like the Planning and Zoning Commission to consider adding some frontage requirements for this parcel that would hide some of the onsite storage that currently exists on the property. He advised that there is a need for it and if reviewed carefully they could find ways to help camouflage what is being stored on the property. P & Z / LPA Meeting October 16, 2003 Page 4 i, Mr. Thoennissen stated that he has already started and has some small plants that are three feet apart with a sprinkler system that runs along the fence that faces Kings Highway. He also stated that as one of the requirements for this additional inside storage they must pave the outside part. He continued that once they do that a lot of the outside storage would be removed because it isn't cost effective storage any longer. Mr. Lounds stated that if we plan this out right now, in time Kings Highway would not become an embarrassment to those who live in the area. He advised that he isn't happy with a chain link fence that has a colored Venetian blind through it and would .like to have a better vegetative barrier for all projects along Kings Highway. Chairman Merritt opened the public hearing. Seeing no one, Chairman Merritt closed the public hearing. Mr. Hearn questioned if Mr. Lounds was proposing that the vegetative barrier be a condition of the approval of the conditional use permit. Mr. Lounds confirmed that was correct. He also stated that they should begin to think about what is happening along the Kings Highway corridor. He continued that a majority of that strip is going to be industrial and there is no reason why those areas have to look embarrassing to the community. He stated that this board should send a message to the Board of County Commissioners that they want them to pay more attention to some beautification. He also stated that the Board of County Commissioners might also ask Code Enforcement to go out and enforce some of the older rules regarding broken sprinklers and dead hedges. Mr. Hearn stated that since this is a conditional use permit request they have the opportunity to apply those types of conditions. He also stated that he sees a broader need to look at the light industrial and heavy industrial zoning districts to require those types of beautification conditions. Mr. Lounds stated that the applicant is proposing a small buttonwood hedge that over time will not withhold its usefulness. He continued that there is some vegetation that could be considered because it will grow higher, therefore giving a better barrier. Mr. Thoennissen stated that the Sheriff's department has an opposite view and feel that anything too high could be a security risk. He advised that his understanding was that the hedge was to be continuous across the front so you could not see past the fence. Mr. Lounds stated that the hedge is only 24 inches high and would like to see this conditioned so that whatever is planted should grow to four or five feet tall over time. He also stated that he understands the issues posed by law enforcement but with some lighting that could be addressed. He also questioned if the applicant planned on putting a berm along the edge of the road on Kings Highway. Mr. Thoennissen stated that he was not instructed to put anything along there, just to put the hedges along the fence line. Ms. Hammer questioned if the existing chain link fence would remain. Mr. Thoennissen confirmed that was correct. Ms. Hammer questioned if the shrubs would be placed in front of the fence. Mr. Thoennissen stated that was correct and that he is also planning on planting a tree every 60 feet. Ms. Hammer questioned if it was a standard head sprinkler system or a drip irrigation system. Mr. Thoennissen stated it is a drip irrigation system. ~ ~bw~~~ Chairman Merritt questioned if itsenclosed storage buildings. Mr. Thoennissen confirmed that . was correct. Chairman Merritt questioned if the existing fence was used to cover the outside storage and Mr. Thoennissen stated that was correct. Mr. Thoennissen stated that he is working on the outside storage area to clean it up and make it more presentable. He also stated that with staff's condition for paving it would become too expensive and therefore be mostly done away P & Z / LPA Meeting October 16, 2003 Page 5 with.. Chairman Merritt questioned if the fence with slats was originally a requirement because of the outside storage. Mr. Kelly stated that the requirement was for some type of an opaque fence and the fence with slats was what they came up with. Chairman Merritt stated that the existing fence does not look good and questioned if Mr. Thoennissen could consider doing something else. Mr. Thoennissen stated that he was willing to work with the County and would do whatever he could afford to do. Chairman Merritt stated that he would really like to see some tree screening in that area. Mr. Thoennissen stated that the original plan was to have a tree every thirty feet. He continued that the Environmental Resource Division stated since there were so many trees existing inside the fence they could eliminate some across the front and moved it to every sixty feet but he would be willing to work something out. Mr. Lounds questioned if the applicant would consider changing his plant list. Mr. Kelly stated that there are still a few minor site plan details that they are working out. He advised that if the _ Planning and Zoning Commission would like to recommend some conditions or have the applicant work with the Environmental Division on the list that would be allowed. Mr. Thoennissen stated he would not have any problem working with the Environmental Division on his choice of plants as long as they are within his budget. Mr. Lounds stated that he would really like the applicant to consider changing from green buttonwoods to incorporating some myrtle clusters along the fence line to make a visual barrier. Mr. Thoennissen stated he does not know a lot about plants and their expenses, but would consider looking at some alternatives. Mr. Lounds recommended that the applicant review the plan with the Environmental Division for some different choices as a buffer along Kings Highway. Mr. Hearn questioned. if a wall was required along the back of the property because this is a CG property that is adjacent to AR-1 property. Mr. Kelly stated that the code specifies a residential use, not residential zoning, requires a wall, and the AR-1 property is a grove, so that would not be required. Mr. Lounds stated that after considering the testimony presented during the public hearing, including staff comments, and the Standards of Review as set forth in Section 11.07.03, St. Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of R.C. Thoennissen for a Conditional Use Permit to allow for the operation of a household goods warehousing and storage mini- warehouse facility in the CG (Commercial, General) Zoning District because I think it is appropriate to the use of the land in that area and with what Kings Highway is going to do. I would also like to place conditions that the landscaping area along Kings Highway be enhanced to create a visual barrier equal to or greater than the fence that he now has in place and that those conditions be worked out with Staff prior to presenting it to the County Commission. Mr. Grande questioned if Staff's two conditions were also included in Mr. Lounds motion. Mr. Lounds confirmed that was correct. Motion seconded by Mr. Grande. Upon a roll call vote the motion was approved unanimously (with a vote of 6-0) and forwarded to the Board of County Commissioners with a recommendation of approval. P & Z / LPA Meeting October 16, 2003 Page 6 I 1 OTHER BUSINESS/DISCUSSION: Mr. Merritt questioned if Mr. Grande felt he could sit as an impartial member of the Planning and Zoning Commission /Local Planning Agency now that he has announced his campaign for County Commission. Mr. Grande stated that he could. Next scheduled meeting will be November 20, 2003. ADJOURNMENT Meeting was adjourned at 7:40 p.m. Respectfully submit n Gilmore, Secretary P & Z / LPA Meeting October 16, 2003 Page 7 i ~ 1 PL & ZO ING COMMISSION REVIEW: 11/20/03 ~ = K ~ COMMUNITY DEVELOPMENT DEPARTMENT ~ (Planning Division) • ~ MEMORANDUM TO: Planning and Zoning Commission FROM: Planning Manager DATE: November 11, 2003 SUBJECT: Application of Teamsters Local Union #173 for a Change in Zoning from the AR-1 (Agricultural Residential - 1 du/acre) Zoning District to the CO (Commercial Office) Zoning District. LOCATION: 3498 West Midway Road (North side of Midway Road, approximately 430 feet west of the intersection of Christensen Road and Midway Road.) EXISTING ZONING: AR-1 (Agricultural, Residential - 1 du/acre) PROPOSED ZONING: CO (Commercial Office) FUTURE LAND USE: RS (Residential Suburban) PARCEL SIZE: 2.95 acres PROPOSED USE: The operation of Teamster Union Lodge PERMITTED USES: Section 3.01.03(R), CO (Commercial Office) identifies the designated uses which are permitted by right, permitted as an accessory use, or permitted through the conditional use process in the "CO" (Commercial Office) Zoning District. Any use designated as a "Conditional Use" is required to undergo further review and approval before that use may be commenced on the property. Any use not identified in the zoning district regulations are considered to be prohibited uses in that district (see Attachment "A"). SURROUNDING ZONING: AR-1 (Agricultural, Residential - 1 du/acre) to the north, east and west and I (Institutional) to the south. SURROUNDING LAND USES: The existing uses to the north, east and west are primarily residential uses with institutional uses to the west and south. /y November 11, 2003 Petition: Teamsters Union #173 Page 2 File RZ-03-042 The Future Land Use Classification to the north, east and west is RS (Residential Suburban) and P/F (Public/Facilities) to the south. Directly to the north, east and west is single-family residential structures, further to the west is Liberty Baptist Church and to the south is the Hospice of the Treasure Coast. FIRE/EMS PROTECTION: Station #6 (350 East Midway Road) is located approximately 1.5 miles to the east. UTILITY SERVICE: Water and sewer services are to be provided by the Fort Pierce Utility Authority. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way width for West Midway Road is 85 feet. SCHEDULED IMPROVEMENTS: None TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The applicant is requesting a change in zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the CO (Commercial Office) Zoning District. The area in which the subject property is located has developed primarily into a residential core with interspersed institutional uses. Such facilities as the Hospice of the Treasure Coast facility and. Liberty Baptist Church are located within close proximity to the subject property. Therefore, the applicant's request is consistent with existing land uses and the Land Development Code. y' November 11, 2003 Petition: Teamsters Union #173 Page 3 File RZ-03-042 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The applicant is requesting a change in zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the CO (Commercial Office) Zoning District. The area in which the subject property is located is designated RS (Residential Suburban) on the future land use map of the County's Comprehensive Plan. The proposed CO (Commercial Office) Zoning District is a zoning district allowed in the RS (Residential Suburban) land use designation. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed zoning district is considered to be consistent with existing and proposed future land use designations in the area. The surrounding properties are being used as either residential, institutional or religious uses. The permitted uses in the CO (Commercial Office) Zoning District are not expected to unduly impact the surrounding area or uses. Midway Road west of 25th Street has been in a transition from a residentially oriented community to a more institutionally oriented community. This stretch of Midway Road has a number of religious facilities, the main Sheriff's Office, New Horizon's of the Treasure Coast, the Health Department's new complex, the Twin Oaks Alzheimer's facility and the post office are located on the stretch of Midway from 25th Street west to the Turnpike. These institutional uses all have frontage and access onto Midway Road. There continues to be residential property surrounding these facilities. The applicant's request is consistent with and would continue the existing growth pattern of the area. The area under consideration has been designated within the Comprehensive Plan with an RS (Residential Suburban) Land Use. The CO (Commercial Office) Zoning District is compatible with the Residential Suburban land use designation. 4. Whether there have been changed conditions that require an amendment; Conditions have changed so as to require an amendment. Midway Road between 25th Street and the Florida Turnpike has been in a transitional period going from a residentially oriented community to an institutionally oriented community. Residential communities surround the institutional uses to the north and south. The applicant's request is consistent with the conditions in the area and will continue the existing growth patterns in the area. Within the area under consideration, Liberty Baptist Church has developed westward of the subject site and Hospice of the Treasure Coast is located south of the subject property. 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 ~a November 11, 2003 Petition: Teamsters Union #173 Page 4 File RZ-03-042 amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The rezoning of the property is not expected to create significant additional demands on any public facilities in this area. Prior to the approval of any construction on the site, the applicant will need to provide documentation verifying that sufficient facilities are in place to support the new development. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. The applicant will be required to comply with all federal, 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; An orderly and logical development pattern will occur with this change in zoning. The surrounding parcels of property are primarily institutional and residential in character. The Comprehensive Plan identifies the area under consideration with a RS (Residential Suburban) land use. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment would not be in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS The petitioner, Teamsters Local Union #173, has requested this change in zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the CO (Commercial Office) Zoning District in order to operate a union meeting hall on the subject property. The subject property is in an area designated within the Comprehensive Plan as Residential Suburban. The CO (Commercial Office) zoning district is a zoning district allowed within the RS (Residential Suburban) land use designations. Staff has reviewed this petition and determined that it conforms with the standards of review as set forth in 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. April 10, 2003 Petition: Dickerson Realty of FL Page 5 File RZ-03-009 Please contact this office if you have any questions on this matter. CS H:\wp\rezoning\teamsters\TEAMSTE RS.doc cc: County Attorney Community Development Director Public Works Director Teamsters Union #173 File Suggested motion to recommend approval/denial of this requested change in zoning. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF TEAMSTERS LOCAL UNION #173 FOR A CHANGE IN ZONING FROM THE AR-1 (AGRICULTURAL, RESIDENTIAL - 1 DU/ACRE) ZONING DISTRICT TO THE CO (COMMERCIAL OFFICE) ZONING DISTRICT, BECAUSE..... [CITE REASON WHY -PLEASE BE SPECIFIC]. MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF TEAMSTERS LOCAL UNION #173 FOR A CHANGE IN ZONING FROM THE AR-1 (AGRICULTURAL, RESIDENTIAL - 1 DU/ACRE) ZONING DISTRICT TO THE CO (COMMERCIAL OFFICE) ZONING DISTRICT, BECAUSE..... [CITE REASON WHY -PLEASE BE SPECIFIC]. PLANNING & ZONING COMMISSION REVIEW: 11/20/03 - - S ~ ~ COMMUNITY DEVELOPMENT DEPARTMENT (Planning Division) ~ ~ MEMORANDUM TO: Planning and Zoning Commission FROM: Planning Manager DATE: November 11, 2003 SUBJECT: Application of Teamsters Local Union #173 for a Change in Zoning from the AR-1 (Agricultural Residential - 1 du/acre) Zoning District to the I (Institutional) Zoning District. LOCATION: 3498 West Midway Road (North side of Midway Road, approximately 430 feet west of the intersection of Christensen Road and Midway Road.) EXISTING ZONING: AR-1 (Agricultural, Residential - 1 du/acre) i PROPOSED ZONING: I (Institutional) FUTURE LAND USE: RS (Residential Suburban) PARCEL SIZE: 2.95 acres PROPOSED USE: The operation of Teamster Union Lodge PERMITTED USES: Section 3.01.03(X), I, (Institutional) identifies the designated uses which are permitted by right, permitted as an accessory use, or permitted through the conditional use process in the "I" (Institutional) Zoning District. Any use designated as a "Conditional Use" is required to undergo further review and approval before that use may be commenced on the property. Any use not identified in the zoning district regulations are considered to be prohibited uses in that district (see Attachment "A"). SURROUNDING ZONING: AR-1 (Agricultural, Residential - 1 du/acre) to the north, east and west and I (Institutional) to the south. SURROUNDING LAND USES: The existing uses to the north, east and west are primarily residential uses with institutional uses to the west and south. November 11, 2003 Petition: Teamsters Union #173 Page 2 File RZ-03-042 The Future Land Use Classification to the north, east and west is RS (Residential Suburban) and P/F (Public/Facilities) to the south. Directly to the north, east and west is single-family residential structures, further to the west is Liberty Baptist Church and to the south is the Hospice of the Treasure Coast. FIRE/EMS PROTECTION: Station #6 (350 East Midway Road) is located approximately 1.5 miles to the east. UTILITY SERVICE: Water and sewer services are to be provided by the Fort Pierce Utility Authority. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way width for West Midway Road is 85 feet. SCHEDULED IMPROVEMENTS: None TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The applicant is requesting a change in zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the I (Institutional) Zoning District. The area in which the subject property is located has developed primarily into a residential core with interspersed institutional uses. Such facilities as the Hospice of the Treasure Coast facility and Liberty Baptist Church are located within close proximity to the subject property. Therefore, the applicant's request is consistent with existing land uses and the Land Development Code. November 11, 2003 Petition: Teamsters Union #173 Page 3 File RZ-03-042 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The applicant is requesting a change in zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the I (Institutional) Zoning District. The area in which the subject property is located is designated RS (Residential Suburban) on the future land use map of the County's Comprehensive Plan. The proposed I (Institutional) Zoning District is a zoning district which is allowed in all land use designations. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed zoning district is considered to be consistent with existing and proposed future land use designations in the area. The surrounding properties are being used as either residential, institutional or religious uses. The permitted uses in the I (Institutional) Zoning District are not expected to unduly impact the surrounding area or uses. Midway Road west of 25th Street has been in a transition from a residentially oriented community to a more institutionally oriented community. This stretch of Midway Road has a number of religious facilities, the main Sheriff's Office, New Horizon's of the Treasure Coast, the Health Department's new complex, the Twin Oaks Alzheimer's facility and the post office are located on the stretch of Midway from 25th Street west to the Turnpike. These institutional uses all have frontage and access onto Midway Road. There continues to be residential property surrounding these facilities. The applicant's request is consistent with and would continue the existing growth pattern of the area. The area under consideration has been designated within the Comprehensive Plan with an RS (Residential Suburban) Land Use. The I (Institutional) Zoning District is compatible with the Residential Suburban land use designation. 4. Whether there have been changed conditions that require an amendment; Conditions have changed so as to require an amendment. Midway Road between 25th Street and the Florida Turnpike has been in a transitional period going from a residentially oriented community to an institutionally oriented community. Residential communities surround the institutional uses to the north and south. The applicant's request is consistent with the conditions in the area and will continue the existing growth patterns in the area. Within the area under consideration, Liberty Baptist Church has developed westward of the subject site and Hospice of the Treasure Coast is located south of the subject property. 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 November 11, 2003 Petition: Teamsters Union #173 Page 4 File RZ-03-042 limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The rezoning of the property is not expected to create significant additional demands on any public facilities in this area. Prior to the approval of any construction on the site, the applicant will need to provide documentation verifying that sufficient facilities are in place to support the new development. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. The applicant will be required to comply with all federal, 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; An orderly and logical development pattern will occur with this change in zoning. The surrounding parcels of property are primarily institutional and residential in character. The Comprehensive Plan identifies the area under consideration with a RS (Residential Suburban) land use. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment would not be in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS The petitioner, Teamsters Local Union #173, has requested this change in zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the I (Institutional) Zoning District in order to operate a union meeting hall on the subject property. The subject property is in an area designated within the Comprehensive Plan as Residential Suburban. The I (Institutional) zoning district is a zoning district allowed within the RS (Residential Suburban) land use designations. Staff has reviewed this petition and determined that it conforms with the standards of review as set forth in 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. April 10, 2003 Petition: Dickerson Realty of FL Page 5 Fife RZ-03-009 Please contact this office if you have any questions on this matter. cs H:\wp\rezoning\teamsters\TEAMSTERS.doc cc: County Attorney Community Development Director Public Works Director Teamsters Union #173 File Suggested motion to recommend approval/denial of this requested change in zoning. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF TEAMSTERS LOCAL UNION #173 FOR A CHANGE IN ZONING FROM THE AR-1 (AGRICULTURAL, RESIDENTIAL - 1 DU/ACRE) ZONING DISTRICT TO THE I (INSTITUTIONAL) ZONING DISTRICT, BECAUSE..... [CITE REASON WHY -PLEASE BE SPECIFIC]. MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF TEAMSTERS LOCAL UNION #173 FOR A CHANGE IN ZONING FROM THE AR-1 (AGRICULTURAL, RESIDENTIAL - 1 DU/ACRE) ZONING DISTRICT TO THE I (INSTITUTIONAL) ZONING DISTRICT, BECAUSE..... [CITE REASON WHY -PLEASE BE SPECIFIC]. Section 3.01.03 Zoning District Use Regulations E. AR-1 AGRICULTURAL. RESIDENTIAL - 1 ~ . 1. Purpose The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum density of one (1) dwelling unit per gross acre, together with such other uses as may be necessary for and compatible with very low density rural residential surroundings. The number in following each identified use corresponds to the SIC code reference described in Section 3.01.02(8). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Family day care homes. c~ei b. Family residential homes provided that such homes shall not be located within a radius of one thousand (1000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. c~i c. Single-family detached dwellings. esssi 3. Lot Size Requirements Lot size requirements shall be in accordance with Table 1 in Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Table 1 in Section 7.04.00. 5. Off-street Parking Requirements Off-street parking requirements shall be in accordance with Section 7.06.00. 6. Conditional Uses a. Crop services eo~si . b. Family residential homesaocated within a radius of one thousand (1000) feet of another such family residential home. c~> c. Industrial wastewater disposal. c~i d. Kennels -completely enclosed. co~szi e. Landscaping 8~ horticultural services eo~s~ f. Retail: (1) Fruits and Vegetables. cs+3i g. Riding stables. hsee~ h. Veterinary services. coy+i i Telecommunication towers -subject to the standards of Section 7.10.23 ts9s~ 7. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and include the following: ~ Adopted August 1, 1990 101 Revised Through 08/01/00 Section 3.01.03 Zoning District Use Regulations a. Agriculture (farms and ranches accessory to single-family detached dwelling). tovo2i b. Animals, subject to the requirements of Section 7.10.03. tsse> c. Guest house subject to the requirements of Section 7.10.04. i9s~> d. Mobile Home subject to the requirements of Section 7.10.05. teesi e. Retail and wholesale trade -subordinate to the primary authorized use or activity. Adopted August 1, 1990 102 Revised Through 08/01/00 Section 3.01.03 Zoning District Use Regulations R. CO COMMERCIAL. OFFICE 1. Purpose The purpose of this district is to provide and protect an environment suitable for selected office and commercial uses, together with such other uses as may be necessary to and compatible with commercial office surroundings. The number in 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 SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Adjustment/collection 8 credit reporting services viz) b. Advertising v3,) c. Communications -except towers pe> d. Computer programming, data processing and other computer related services v3~) e. Contract construction services -office only c,s,,s,n) f. Duplicating, mailing, commercial art/photography and stenographic services v33) g. Engineering, accounting, research, management & related services cep) h. Executive, legislative, and judicial functions ca,,sz,es,~.ss,~,9~) i. Finance, insurance, and real estate services cso,s,,sz,s3,64,ss.67) j. Health services -except nursing homes and hospitals ceo) k. Membership organizations, except religious organizations ces) I. Miscellaneous business services: (1) Detective, guard and armored car services vae,) (2) Security system services vaez> (3) News syndicate vim) (4) Photofinishing laboratories visa) (5) Business Services -misc. vies) m. Personnel supply services vas) n. Social services: (1) Individual 8 family social services ce3zres9> (2) Job training and vocational rehabilitation services ce33) o. Travel agencies ca~za) 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking and Loading Requirements Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. Adopted August 1, 1990 116 Revised Through 08/01/00 Section 3.01.03 Zoning District Use Regulations / r ~ 7. Conditional Uses a. Child care services (e3s> b. Television and radio transmitting towers (s9s) c. Telecommunication towers -subject to the standards of Section 7.10.23 (999) 8. Accessory Uses Accessory use are subject to the requirements of Section 8.00.00 and include the following: a. Eating and drinking places (undistilled alcoholic beverages as an accessory to a restaurant). b. Postal services. tai) Adopted August 1, 1990 117 Revised Through 08/01/00 • ~ C C CV ~ O c~ U N ~ W ~ ^L ~ ~ G W H t C u~ ~ a ~C~ ~ P K Lt 1W~M A y~~ E y1. o ~ W t~ W _ f f ~ ~ K a 9 _ P ~ ~ j ~Y a 8 ~ •-aaz~wo-w tl a ~n [ .i - ~ a _ s pW ~-D1Wlb19f4~• ~ '~pG W M1 ~ ~v - M~1 1~Y 11l~la.- ~ ~ ~ V OU O O a.a, M.K- ~ J _ ~ _M___ ~ ~ lay W 4y Y; 010~01p11g0 mW ~ M p M1 "°~iVJ ObY aA~L pipll Mo111NJ ~ Q ~ t~~ ~ ?z•~ mad Z vN W W n ~ ~ n a ~ S Yt 1 S SC 1 S 9C 1 JJ.Nf100 3380H033~10 A Petition of Teamsters Local Union #173 fora Rezoning from AR-1 (Agricultural, Residential-1 du/acre) to CO (Commercial, Office). ®u 2 ~ J a West Midway Road Canal Canal No. 103 909 n 9~ o ~ _ o ~ _ Daniels Street RZ 03-042 This pattern indicates Map prepared October 8, 2003 subject parcel ~..~.~~..~~.b~.~.~W,...,a.~. N HamYbn VOM~.~N not MaMeO faf ll.e r ~ MpYry hY1tlFp dOLVMI Zonln Teamsters Local Union #173 alp P J 0 I I West Midway Road Canal Canal No. 103 o I 909 90~ 4 a ~ o ~ AR-1 ~ - _ Daniels Street AR-1 I AR-1 RZ 03-042 This pattern indicates Map prepared October 8,2oo3 subject parcel N tibmrim 0~. ~ ~ nd YMWSO larue r a MpWy dMMp tloanrL Land Use Teamsters Local Union #173 ®U p J 0 c R S P P/F West Midway Road Canal Canal No. 103 I - ~ P/F 90~ o c ~ 9®° RS ° ~ Daniels Street RS RZ 03-042 This pattern indicates Map prepared October 8,2oo3 subject parcel ~~~-~~,~~.~~..p.~.»~. wTi. awry Mkrthr e.w~ m.a. a W~ the mwt aurtw rq ww~4 ~1 Mairnstpn poalOM, A 4 rql F4rds0 for ws u e NpeP/ OY~dYq dooumML 1' ~ ~ ~ ~ i - •R~- ...o.. _ ~-:fn- _ - IB, ~ _ ~ - ~~P O ,6 ~•y • ~ t _ , ~ ~ _ 71 g ~ a V _ ~ ~ , ~;5S~ i - ~ i + R ~Z ~ r ® p,.,, ~ MA ~ ` d _ ~ . ~i ~ ' r . . "-s.,. .art, - - ; _ ~ . _ 1 ~~~-n ~ ~ ~ tip ~ k' ~1( a'~ w t . a , ~ ,r ~ _ •_i~? AGENDA -PLANNING & ZONING COMMISSION - ~ I]I'~~ • November 20, 2003 7:00 P.M. TEAMSTERS LOCAL UNION # 173, has petitioned St. Lucie County for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the CO (Commercial, O, ffice) Zoning District for the following described property: Location: 3498 West Midway Road. 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 party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners November 5, 2003. Legal notice was published in The News and The Tribune, newspapers of general circulation in St. Lucie County, on November 5, 2003. File No. RZ-03-042 GCE CO J ~~~.G .y [30ARD OF COUNTY ~ COMMUNITY . COMMISSIONERS x=F£ E DEVELOPMENT DIRECTOR P November 5, 2003 ~OR1o In accordance with the St. Lucie County Land Development Code, you are hereby advised that TEAMSTERS LOCAL UNTION # 173, has petitioned St. Lucie County for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the CO (Commercial, Office) Zoning District for the following described property: Mi Location: 3498 West dway 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 November 20, 2003, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Planning and Zoning Commission 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 ca11772/4i62-1960 if you have any questions, and refer to: File Number RZ-03-042. Sincerely, ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION l:d Merritt, Chairman JOHN D. DRUHN, District No. 1 DOUG COWARD, District No. 2 PAULA A. LEWIS, District No. 3 FRANNIE HUTCHINSON, District No. 4 CLIFF [lARNES, District No. 5 County Adminisrrotor - Douglos M. Anderson 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Administration: (772) 462-1590 Planning: (772) 462-2822 GIS/Technical Services: (772) 462-1553 Economic Development: (772) 462-1550 Fax: (772) 462-1581 Tourist/Convention: (772) 462-1529 Fax: (772) 462-2132 www.co.st-lucie.fl.us l~ ~ f ~~p ~ ~t`p' N ~ ~ p ' k O i av 1 O~ ~ O ~ av ' av i ~ ~ a~ o01 ~T o ~ oNO oNO N d; oho M O O M O.O ~40~0~!~ O O OIG~ O~ O 010i~1~ D\ ~~,M., Oi ~ D\ ~ ~ ~ ~ N d' 1 ~ ~ ~ ' ~ yy M ~ ~ ~ et e} •ct M ~ 1n VII{V~IMtVII'd'!M t/~ ~ivfiV~IiNf~~~i' M ~f~ t t M N M M~~ M M M ' 00 ~ ~ ~ tty ~ I ~-.t i ~ .r y ~ + .--t ~ ~ ! ~-r { ~-..t .-a ! ~ N l~ ~ Q~ N N ao 0 00100 {00100 coo 00!00100+00 00,00:00 00 00 00~0o M M t~ o0 00 o, M o~ + o~ , o` a` o` o~ 1 ~ 1 ~ ; o~ I ~ ! o~ ~ o` ~ a\ , o~ o` rn ~ ~n c~ a` o~ M ~~~1 ~ ~l~~d'!et ~t;d',etl~~~ d' ~II~ N. et d' ~ N M M M M' M t M M M t M! 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REITANO ENTERPRISES, INC., for a Change in _ 2oninp from the AGd IAgrieuhurel-- 1 du9aerel Zoning District to the' CG (Commercial, Generell Zoning DI6111M fo"r the followinp.described prop- - erry: - t :..THE NORTH 218 FEET OF THE FOLLOWING DE• ~ SCRIBED PROPERTY: THE WEST 430 FEET OF THE SOUTH 785.98 FEET _ OF THE EAST 1/2'OF THE NORTHWEST 1/d 0 ' SECTION 18, TOWNSHIP 34 SOUTH, RANGE 39 EAST, LESS" I.95 RIGHT-OF-WAY AS DESCRIBED r IN OR BOOK 233, PAGE- 2209; PUBLIC RECORD - OF ST. LUCIE-COUNTY, FLORIDA, AND LESS IN• DRIO ROAD AND CANAL RIGHT-OF-WAY, SAID _ 'LAND LYING AND BEING IN ST. LUCIE COUNTY, 1 FLORIDA, - ' AND` - ~ THE WEST 430 FEET OF THE SOUTH 547.98 FE 1 OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF I SEC11ON 18,-TOWNSHIP34 SOUTH, RANGE 39 -EAST, LESSI.85 RIGHT-OF-WAV AS DESCRIBED • IN-OA BOOK 233, PAGE 2209, PUBLIC RECORD OF ST: LUCIE COUNTY, FLORIDA, AND LESS IN• r "DRIO ROAD AND CANAL RIGHT•OF-WAY, SAID ~ LAND LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA. I - - Locetion:330' North o} Me Northean corner of In- drlo Road end KaDlsgard Road. TEAMSTERS LOCAL UNIDN N 173, for a Change i Zoning from-Me AR•1 (Agrieuhural, Residential 7 du/eerel-Zoning District totha CO ICommercial, Office) Zoning District for the Mlltnving described property: BEING A PARCEL OF~LAND LYING IN LOT 93 OF PLAT OF WHITE CITY SUBDIVISION, ACCORDING TO THE PLAT THEREOF; RECORDED IN PLAT -BOOK 1, PAGE- 23; PUBLIC RECORDS OF ST. LU CIE COUNTY, FLORIDA, THE BOUNDARY 0 SAID PARCEL BEING MORE PARTICULARLY DE• SCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER 'OF SAID LO 93; RUN WEST ALONG THE NORTH LINE THEREOF 451.68 FEET TO THE POINT OF BEGN• NING; THENCE CONTINUE WEST ALONG THE SAME LINE 210 FEET TO A POINT 3.34 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 93; THENCE-RUN SOUTH, AND PARALLEL WITH THE WEST LINE OF LOT 92,A DISTANCE OF 826.34 FEET MORE OR LESS, TO A POINT,ON THE NORTH RIGHT Of WAYlINE OF MIDWAY -ROAD; THENCE RUN EAST ALONG SAID RIGHT OF -WAV LINE 210 FEET; THENCE NORTH ON A LINE PARALLEL WITH THE WEST LINE OF SAID LOT 92 A DISTAND OF 827,66 FEET, MORE OR LESS,'TO.THE POINT OF BEGINNING,IESS AND .EXCEPTING THEREFROM ALL THAT PORTION DEEDED TO STATE OFfLORIDA FOR THE USE AND BENEFIT OF THE STATE OF FLORIDA DE• PARTMEN7 OF TRANSPORTATION AND RE- CORDED IN OR BOOK 235, PAGE 803, OF THE .PUBLIC RECORDS OF ST. LUCIE COUNTY, FIORI DA:. Locetion:3498 West Midway Road. PUBLIC HEARINGS will be held in the Commisafo Chambers, Roper Poitres Annex, 3rd Floor, St. Lu de 'County Administration Building, 2300 Virgins Avenue, Fort-Pierce, Florida on November 20; 2003, baggt~ning at 7:00 P.M. or as soon thereahe - as possible: - - - ~ ~ " PURSUANT TO Section 288.0105, Florida Statutes if a person decides to appeal airryry derision made by a boatd, egenryry or cemmiesionwith respect to anyy matter conaiderod at a meeting or hearing, hewill need s_record of the praceedinge, and theL'fot such purposes, he may need to ensure that a yarbatim record of the proceedings i made, which record indudea the testimony and evidence upon which theappeal is to be based. LOCAL PLANNING AGENCY/ PLANNING - ANDZONING COMMISSION ST.LUCIE COUNTY, FLORIDA /S/ Ed Merritq Chairman Publish: November 5, 2003 h 364181 <1 ~ ® PLANNING & ZONING COMMISSION REVIEW: 11/20/03 - COMMUNITY DEVELOPMENT DEPARTMENT ~ (Planning Division) • MEMORANDUM TO: Planning and Zoning Commission FROM: Planning Manager /v DATE: November 11, 2002 SUBJECT: Application of Reitano Enterprises Inc. for a Change in Zoning from the AG-1 (Agricultural - 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District. (File No.: RZ-03-043) LOCATION: On the north side of Koblegard Road approximately 330 feet north of the intersection of Indrio Road and Koblegard Road. EXISTING ZONING: AG-1 (Agricultural -1 du/acre) PROPOSED ZONING: CG (Commercial, General) FUTURE LAND USE: MXD -Indrio Road PARCEL SIZE: 2.15 acres PROPOSED USE: To provide access for a retail store with gas pumps as an accessory use 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 that district SURROUNDING ZONING: AG-1 (Agricultural - 1 du/care) to the north, south, east, and west. SURROUNDING LAND USES: The general existing use surrounding the property is citrus groves and some residential. I November 11, 2002 Subject: Reitano Enterprises, Inc. Page 2 File No.: RZ-03-043 The Future Land Use Classification of the surrounding area is MXD -Indrio Road FIRE/EMS PROTECTION: Station #7 (4900 Ft. Pierce Boulevard), is located approximately 3 miles to the east. UTILITY SERVICE: Water and sewer service will be provided by an on-site well and septic system. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way for Indrio Road varies from 150 to 175 feet. The existing right-of-way for Koblegard Road is 30 feet. Additional right-of-way shall be required for Koblegard Road with a minimum of 30 feet from the subject property. Right-of-way may also be required for Indrio Road. SCHEDULED IMPROVEMENTS: None. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for the 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; On May 21, 2002, the Board of County Commissioners approved a change in zoning from the AG-1 (Agricultural - 1 cu/acre) zoning district to the CG (Commercial General) zoning district for the adjacent parcel to the south. This parcel fronts on Indrio Road. Since that time, the applicants submitted an application for a minor site plan approval to allow a retail convenience store with accessory gas pumps. As part of the design process the applicants attempted to get access from the proposed site onto Indrio Road. FDOT would not permit the access into or out of the project onto Indrio Road. Upon review of the project with the Land Development Code, it was determined that f` November 11, 2002 Subject: Reitano Enterprises, Inc. Page 3 File No.: RZ-03-043 insufficient property was available on Koblegard Road to satisfy the access management criteria of Section 7.05.06(C)(2)(f) and (g) of the Land Development Code. In order for the property to be developed the applicant was required to provide an alternate access into the project. Therefore, the applicant purchased additional property to the north and is requesting that the County rezone the property to a CG (Commercial General) zoning district consistent with the property to the south. The proposed zoning district is consistent with the St. Lucie County Land Development Code. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed change in zoning is consistent with the St. Lucie County Comprehensive Plan. The request is compatible with the MXD -Indrio Road Future Land Use classification, which allows commercial general zoning in the area of proposed development. Under Policy 1.1.7.3 of the Land Use Element, the subject property is designated appropriate for low intensity development. Policy 1.1.7.3 further sets forth the criteria for the MXD-Indrio Low Intensity Future Land Use Classification as follows: Use Intensit Residential Not to exceed 5 du/acre Institutional 0.5 FAR Professional Service/Office 0.5 FAR General Commercial 0.5 FAR Public Service/Utilit .25 FAR Based upon the designated intensities, the applicant's request is consistent with the St. Lucie County Comprehensive Plan. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed zoning may be consistent with proposed land uses in the -area. At this time no other commercial uses are present in the area. The area under consideration is located within an area designated for I-95 interchange support uses. The proposed convenience store will provide a support use for I-95. 4. Whether there have been changed conditions that require an amendment; The applicant submitted an application for site plan approval with a proposed access onto Koblegard Road, as they were unsuccessful in obtaining FDOT approval to access Indrio Road. Upon review of the site plan application, it has been determined that there insufficient room to allow a full access driveway for this site. Therefore, the applicant purchased additional acreage to the north of the subject property in order to develop the site with a full access. Therefore, this request is based upon a need for a full access November 11, 2002 Subject: Reitano Enterprises, Inc. Page 4 File No.: RZ-03-043 driveway and not from conditions in the area. Therefore, conditions have not changed so as to require an amendment. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The intended use for this rezoning is not expected to create significant additional demands on any public facilities in this area. Any development will need to demonstrate that there are adequate public facilities in the area to support such development. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. The site is currently utilized as pasture land and does not contain and environmentally sensitive lands. Any future development of this site 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 subject property is located within the urban service boundary as described in the Comprehensive Plan. The proposed change in zoning does not result in an orderly or logical pattern in the short term. The proposal is, however, consistent with the long-term plans for the area. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment is not 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, Reitano Enterprises, Inc., has requested this change in zoning from the AG-1 (Agricultural - 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District on property located on the east side of Koblegard Road, approximately 330 feet north of the intersection of Indrio Road and Koblegard Road. The stated purpose for the rezoning is to 1' November 11, 2002 Subject: Reitano Enterprises, Inc. Page 5 File No.: RZ-03-043 incorporate the proposed area with the property located to the south to develop the property into a retail store with gas pumps as an accessory use. On May 21, 2002, the Board of County Commissioners approved a change in zoning from the AG-1 (Agricultural - 1 du/acre) zoning district to the CG (Commercial General) zoning district, fora 3.4-acre site. The proposed 2.15-acre site will be incorporated into the original 3.4-acre site. Since the original approval, the applicant submitted an application for site plan approval. During the Development Review Committee review of the application, it was determined that the proposed site contains insufficient right-of-way length to satisfy the driveway access criteria of the Land Development Code for full access driveways. In order to develop the site with a full access driveway, the applicant purchased the proposed 2.15-acre site. This will provide sufficient area for afull-access driveway. Staff notes that the parcel size of 5 acres is larger than needed for a convenience store with gas pumps. Attached is a copy of Section 3.01.03(S) - CG (Commercial, General), of the St. Lucie County Land Development Code, which delineates the permitted, accessory, and conditional uses allowed in these zoning districts. If a change in zoning were approved, the applicant, by right, would be allowed to establish any of the uses under the Permitted Uses section. Any use under the Accessory Uses section would be allowed only if one or more of the permitted uses exist on the subject property. Any use under the Conditional Uses section could only be allowed if it first receives approval through the Board of County Commissioners. Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in Section 11,06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff is recommending that you forward this petition to the Board of County Commissioners with a recommendation of approval If you have any questions on this matter, please contact this office. Attachment cs cc: County Administrator County Attorney Reitano Enterprises, Inc. Joe Friscia, P.E. File November 11, 2002 Subject: Reitano Enterprises, Inc. Page 6 File No.: RZ-03-043 Suggested motion to recommend approval/denial of this requested change in zoning. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF REITANO ENTERPRISES, INC., FOR A CHANGE IN ZONING FROM THE AG-1 (AGRICULTURAL - 1 DU/ACRE) ZONING DISTRICT TO THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT, BECAUSE [CITE REASON[S] WHY -PLEASE BE SPECIFIC]. MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF REITANO ENTERPRISES, INC., FOR A CHANGE IN ZONING FROM THE AG-1 (AGRICULTURAL - 1 DU/ACRE) ZONING DISTRICT TO THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT, BECAUSE.... [CITE REASON[S] WHY -PLEASE BE SPECIFIC]. . ' Section 3.01.03 Zoning District Use Regulations f~• 3.01.03 ZONING DISTRICTS A. AG-1 AGRICULTURAL -1 1. Purpose The purpose of this district is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of one (1) dwelling unit per gross acre. The number in following each identified use corresponds to the SIC code reference described in Section 3.01.02(8). 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. Agricultural production -crops (o,) b. Agricultural production -livestock & animal specialties (oz) c. Agricultural services (o~) d. Family day care homes. (999) e. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed " by HRS. (999) f. Fishing, hunting & trapping (09) " g. Forestry (oe) h. Kennels. (o~sz) i. Research Facilities, Noncommercial (e~33) j. Riding stables. 0999) k. Single-family detached dwellings. (999) 3. Lot Size Requirements Lot size requirements shall be in accordance with Table 1 in Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Table 1 in 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. Agricultural labor housing. (9ss) Adopted August 1, 1990 94 Revised Through 08/01/00 Section 3.01.03 Zoning District Use Regulations I` b. AircrG:~ storage and equipment maintenance. c4se,l c. Airports and flying, landing, and takeoff fields. tase,~ d. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. css91 e. Farm products warehousing and storage. tazzvazzz~ f. Gasoline service stations. cssa,i g. Industrial wastewater disposal. cs~1 h. Manufacturing: (1) Agricultural chemicals tze>> (2) Food & kindred products tzo~ (3) Lumber & wood products, except furniture cza> i. Mining and quarrying of nonmetalic minerals, except fuels. c,a~ j. Retail trade: (1) Farm equipment and related accessories. csss~ (2) Apparel & accessory stores. cssi k. Sewage disposal subject to the requirements of Section 7.10.13. tsss~ I. Telecommunication Towers -subject to the standards of Section 7.10.23 csss> m. Camps -sporting and recreational. t~o3zi 8. Accessory Uses Accessory uses are subject to the requirements of Section 5.00.00, and include the following: a. Mobile homes subject to the requirements of Section 7.10.05. b. Retail trade and wholesale trade -subordinate to the primary authorized use or activity. c. Guest house subject to the requirements of Section 7.10.04. csss~ Adopted August 1, 1990 95 Revised Through 08/01/00 Section 3.01.03 Zoning District Use Regulations r' S. CG COMMERCIAL. GENERAL 1. Purpose The purpose of this 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 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(8). 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 c~3z? b. Advertising c~3,? c. Amphitheaters csss? d. Amusements & recreation services -except stadiums, arenas, race tracks, amusement parks and bingo parlors c~s? e. Apparel & accessory stores css? f. Automobile dealers css? g. Automotive rental, repairs 8 serv. (except body repairs) ~s,assasa? h. Beauty and barber services ~zanz4? C ~ i. Building materials, hardware and garden supply csz? j. Cleaning services »as? k. Commercial printing csss? I. Communications -except towers cse? m. Computer programming, data processing & other computer serv. ~3~? n. Contract construction serv. (office & .interior storage only) t,s~,~,~? o. Cultural activities and nature exhibitions csss? p. Duplicating, mailing, commercial art/photo. 8 stenog. serv. q. Eating places cse,? r. Educational services -except public schools cez? s. Engineering, accounting, research, management & related services ce~? t. Equipment rental and leasing services pss? u: Executive, legislative, and judicial functions cs,~sz~s~nse~ss~s>> v. Farm labor and management services ro7e? w. Financial, insurance, and real estate csore,~zreysa~srs~? x. Food stores ts4? y. Funeral and crematory services nze? ~z. Gasoline service stations css.,~-> aa. General merchandise stores cs3? bb. Health services c~? cc. Home furniture and furnishings cs~? dd. Landscape & horticultural services co~e? . ee. Laundry, cleaning and garment services pz,? ff. Membership organizations -except for religious organizations as provided in Section 8.02.01(H) of this code te~? • gg. Miscellaneous retail (see SIC Code Major Group 59): (1) Drug stores tss,? Adopted August 1, 1990 118 Revised Through 08/01!00 Section 3.01.03 Zoning District Use Regulations 2 Used merchandise stores tss3~ (3) Sporting goods tss+,~ (4) Book & stationary iss+z,ssa3i (5) Jewelry iss++~ (6) Hobby, toy and games css+s~ (7) Camera & photographic supplies tssae~ (8) Gifts, novelty and souvenir cssa>> (9) Luggage & leather goods tssae~ (10) Fabric and mill products tss+si (11) Catalog, mail order and direct selling csssvssssi (12) Liquified petroleum gas (propane) cssea~ (13) Florists tssszi (14) Tobacco tsss3i (15) News dealers/newsstands csssa~ (16) Optical goods cssss~ (17) Misc. retail (See SIC Code for specific uses) cssssi hh. Miscellaneous personal services (see SIC Code Major Group 72): (1) Tax return services ~zs,i (2) Misc. retail (See SIC Code for specific uses) pzse) ii. Miscellaneous business services (see SIC Code Major Group 73): (1) Detective, guard and armored car services ' (2) Security system services p3ez? (3) News syndicate ~3e3~ (4) Photofinishing laboratories c~3s+i (5) Business services -misc. c~aes~ jj. Mobile home dealers csz>> kk. Mobile food vendors (eating places, fruits &vegetables-retail) csss~ II. Motion pictures nei mm. Motor vehicle parking -commercial parking & vehicle storage. psz~ nn. Museums, galleries and gardens ce~i oo. Personnel supply services n3e~ pp. Photo finishing services c~3a+i qq. Photographic services c~zz~ rr. Postal services ta3~ ss. Recreation facilities cs~) tt. Repair services vei _ _ uu. Retail trade-indoor display and sales only, except as provided in Section 7.00.00. cs~1 w. Social services: (1) Individual & family social services ce3zressi (2) Child care services teas (3) Job training and vocational rehabilitation services ce~~ ww. Travel agencies caz+~ xx. Veterinary services ro~+i 3. ~ Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. Adopted August 1, 1990 119 Revised Through OA/01/00 aGrtir~n 3.01.03 Zoning District Use Fegulations F:;:`.. . i ~ 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 i a. Adult establishments subject to requirements of Sec. 7.10.10. t~> b. Drinking places (alcoholic beverages) -free-standing. tse,a~ c. Disinfecting & pest control services. t~saz d. Amusement parks. v~~ e. Go-cart tracks. ~~z' f. Hotels & motels. po,~ g. Household goods warehousing and storage-mini-warehouses t~~ h. Marina -recreational boats only. taass~ i. Motor vehicle repair services -body repair. ps3~ C ~ ~ j. Sporting and recreational camps. po3zt k. Retail trade: ` (1) Liquor stores. tssz~ k. Stadiums, arenas, and race tracks. c»a~ • I. Telecommunication towers -subject to the standards of Section 7.10.~?'<~ t~„~~ 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and incluc~~ fii~Gc.•. i?~". : f;~: 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 bitilr~ing, c,r 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). f 4 Adopted August 1, 1990 120 Revised Through 08/01/00 ~j -~w- z vi ~ ~ ~ .Q ~ /o ~ ~ ~ ~ N W p ` ~ a .off t~ N ~ ~ W ~t ~ O ~ ` C ~ P N ~ ~ ~ ~ ~ ~ ~ „F. ~ > y. (U j " O W A o ~~W f G ~ f ~ ~ ~ ~ 9 _ _ u i 8~ -~x _,_.~z~ ~ h ei FPS--> a y F w ~ W -7N~I~t W P ~ n n a .u ~ O ~Ilpl x1~K170M' U __Oiw iris O OrOY ~ 7oMrr V arar ~ ~ ~ ~ ara ~ irMn worm Z W ~ ~ W On010N 7?70t W p, Z O N Q I1 U, . wa Igl71q Z ~ . ~ ~ ~ ROY QliK C g U L °z_ ~ tlN W W ~ ~ n S K l S Sf 1 S 9C 1 ALNf10~ 3380H033~f0 o, A Petition of Reitano Enterprises, Inc. fora Rezoning from AG-1 (Agricultural, 1 duiacre) to CG (Commercial, General). 0 o Z 0 0 ~ U - O 3 a I-95 Access Rood Indrio Road tote o lo. ra~no a osemen F. P. F. W. M. D. Conol No. 14 RZ 03-043 This pattern indicates Map prepared October 23,2003 subject parcel ~~~~a~~-~~--~~-~~ N Zonin Reitano Enterprises, Inc. AG-1 0 Z 0 0 U 3 tL d CG I-95 Access Rood Indrio Road Stote O lo. romo a osement F. P. F. W. M. D. Conol No. 14 AG-1 RZ 03-043 c~ This pattern indicates Map prepared October 23, zoos subject parcel N Ham.Ean 7rr61...Y nolYprq.d lorur r. IpMj hFdip dowr.r.. Reitano Enter rises, Inc. Land Use p MXD Indrio Road o Z 0 0 ~ U O 3 a I-95 Access Rood Indrio Road tote o lo. roino a osemen F. P. F. W. M. D. Conol No. 14 MXD Indrio Road RZ 03-043 . This pattern indicates Map prepared October 23, Zoos subject parcel Reitano Enterprises, Inc. ~ ~ f- > {r > [ _ } ° ~ K + r t ~ ' t; fir ~ cr y ~ 1 ~ 1 ~.~~,r ~ ~:z ~~X L~~~~ 4 r ~ ` ~ ~ ~ ~ ~ T~ { f ~ ti fib 7 ~ i F. r t y ~ :S. f ~~i 7 ~ . t .h ~ ~ r i. ~s-_ ~ r ! ,fir 4~ 7 ' } ' v i k i~-,r,; ~ ~ ~ ~ l { 'i 3 ~ f ( r~ ~ / _ = f~~ FJ 4 1. F ~ ~ 1444 i !_t 9 ~ ~ s c a~ s ~E , ~ x ~ ~ j of ~'Z ~ ;'~4 `7H ~ - + R, V' aid ~y ^ ~ ~ _ ~ ~ ` i 1 ~ r~ ~ r ~ ~ Yr~',° y~ i r ~r ,-z~ ~rw r ~ ~ r y r Y ~k`4 r 1~t E ,.Y i v M- f'.. ++++iiiiM~~vv 1 y :'a; . ~ r .h. . . RZ 03-043 . This pattern indicates Map prepared October 23,2003 subject parcel YYmnWOn prYEM,RN MHrM.tl Mrr r . Ypy hYrtYy ymmnl. AGENDA -PLANNING & ZONING COMMISSION J,, ^ • November 20, 2003 7:00 P.M. REITANO ENTERPRISES, INC., has petitioned St. Lucie County for a Change in Zoning from the AG-1 (Agricultural -1 du/acre) Zoning District to the CG (Commercial, General) Zoning District for the following described property: Location: 330' North of the Northeast corner of Indrio Road and Koblegard Road. 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 party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners November 5, 2003. Legal notice was published in The News and The Tribune, newspapers of general circulation in St. Lucie County, on November 5, 2003. File No. RZ-03-043 . LSE CO J G [30ARD OF COUNTY COMMUNITY . COMMISSIONERS • • DEVELOPMENT '"~OR10P DIRECTOR November 5, 2003 In accordance with the St. Lucie County Land Development Code, you are hereby advised that REITANO ENTERPRISES, INC., has petitioned St. Lucie County for a Change in Zoning from the AG-1 (Agricultural - 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District for the following described property: Location: 330' North of the Northeast corner of Indrio Road and Koblegard 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 November 20, 2003, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Planning and Zoning Commission 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 772/462-1960 if you have any questions, and refer to: File Number RZ-03-043. Sincerely, ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION •r F.d Merritt, Chairman JOHN D. DRUHN, District No. 1 DOUG COWARD, District No. 2 PAULA A. LEWIS, District No. 5 FRANNIE HUTCHINSON, District No. 4 CLIFF DARNES, 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/Technicol Services: (772) 462-1553 Economic Development: (772) 462-1550 Fox: (772) 462-1581 Tourist/Convention: (772) 462-1529 Fax: (772) 462-2132 www.co.st-lucie.fl.us i " ~ ~''`O~?M F ~ I ~ ~1M({(' 1 1 ~~~t 'a .r 00 OO~OOC i ~ t u ~ ~ i ii } ~ _....5...... g ~ { I ~i , ~ ~ ~~~1 U U~ U~ O`i` U w U~U( ~E, y'r' ~ ~ ..._.r.... t ~ ' i ~ ~ ~i~~ yy ~+s~,f, i b ~ i ! 3 ~~~,~a~j o mix w~~u 'mod ~ 3 3~ 3;~I~ .'v2 b ~ i A A ~r "d ~ ~ ~ 670. ~~~a_a_+~Ii I~ ~ j 1 i ' ~ 1 'cE G W U jU~U''""Ej , ~i U;~zal g~ ~ I ~7 a ~I~'~ ~I~'WI~ ~ M ~ of ~ o% of a~ NM i __1 g ~g5 ~ , o W O ~.Os~~ ;i ii R ~ i~ Yw ry r~~M~M1 .IU Q .--i N ~ S ~ ( U 010! ~ 010! ~ " ~ ~ ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA ' November 20, 2003 h TOWHOMITMAVCONCERN: 2 NOTICE U heroby g(vsn In accordance with Sae- f'' J Hon 11.00.03 of the SL Luds Coumy Lend Decal- ~ ? opment Code end in atarordana with the prgyb - atone of the SL Lucie County Comprehanrive ~ ' flan, Met the following applkants haw roquasta r that the St Lueh County Board of Commlasb v t:onaiderthsirfollowirtgrogoeah:. REIiANO ENTERPRISES, INC., for a Chenya in _ Zoning from the AG•1 (ApAeukurof • 1 du9icrsl Zoning OindrY to the CG (Commercid General 2oning Diatrla for the following dsatxi~ed prop• _ em: 7HE NORTH 218 FEET OF THE FOLLOWING DE- ~ SCIIIBEDPROPERTY: THE WEST 430 FEET OF THE SOUTH 785.96 FEET - OF THE -EAST 112 OF THE NORTHWEST 1/1 OF e SECTION 16, TDWN$HIP 3• SOUTH, RANGE 39 ~ EAST, LESS I.95 RIGHT•OF•WAY AS DESCRIBED r IN OR BOOK 233, PAGE 2209; PUBLIC RECORD OF ST. LUCIE COUNTY, FLORIDA, AND LESS IN• DRIO ROAD AND CANAL RIGHT-OF-WAY, SAID LAND LYING AND BENG IN ST. LUCIE COUNTY, t FLORIDA, s AND- - ~ THE WEST 430 FEET OF THE SOUTH 547.88 FEET OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF I SECTION 18, TOWNSHIP 3• SOUTH, RANGE 39 EAST, LESS I.95 RIGHT-Of-WAY AS DESCRIBED • IN OR BOOK 233, PAGE 2208, PUBLIC RECORD r OF ST. LUCIE COUNTY, FLORIDA, AND LESS IN DRIO ROAD AND CANAL RIGHT•OF-WAY, SAID ~ LAND LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA. . i Loca0on:330' North of ehs Northeast comer of In- drloRoad end Koblegud Road. - TEAMSTERS LOCAL UNION 8 173, for a Change i Zoning from the AR-1 (Agricukural, Rsaidentisl 1 dWSeis) Zoningg Oistdct to the CO (Commardal Office) Zoning Diitrita for tM following deauibed MoDertN: BEING A PARCEL OF LAND LYING IN LOT 93 0 "PLAT OF WHITE CITY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 23, PUBUC RECORDS OF ST. LU- CIE COUNTY, FLORIDA, THE BOUNDARY 0 SAID PARCEL BEING MORE PARTICULARLY DE• SCRIBEDASFOLLOWS: FROM THE NORTHEAST CORNER 'OF SAID l0 93; RUN WEST ALONG THE NORTH LINE THEREOF 451.68 FEET TO THE POINT OF BEGN• NING; THENCE CONTINUE WEST ALONG THE SAME LINE 210 FEET TO A POINT 3.34 FEET EAST OF THE NORTHWEST CORNER OF SAID i0T 93; THENCE RUN SOUTH AND PARALLEL WITH THE WEST LINE OF LOT 92, A DISTANCE OF 825.34 FEET MORE OR LESS, TO A POINT A THE NORTH RIGHT OF WAY LINE OF MIDWAY ROAD; THENCE RUN EAST ALONG SAID RIGHT DF WAY LINE 210 FEET; THENCE NORTH ON A LINE PARALLEL WITH THE WEST LINE OF SAI LOT 92 A DISTAND OF 827.88 FEET, MORE OR LESS,'TO 7HE POINT OF BEGINNING, LESS AND EXCEPTING THEREFROM ALL THAT PORTION DEEDED TO STATE OF fIORIDA FOR THE USE AND BENEFIT OF THE STATE OF FLORIDA OE• PARTMENT OF TRANSPORTATION AND RE- CORDED IN OR BOOK 236, PAGE 803, OF THE PUBUC RECORDS OF ST. LUCIE COUNTY, FLORI DA. Location:3498 Wsst Midway Road. PUBLIC HEARINGS will ba held in the Commisaio Chambe% Rooggearr Pokras Anms, 3rd Fleor, St. Lu de 'County Administration Building, 2300 Virgins Avenue, Fort Pleres, Florida an November 20 2003, mnirrp at 7:00 P.M. ar as won Mereatte sapossib , PURSUANT TO Section 286.0105, FbrWe Statutes R a person decides to appeal an dedabn made by a board, agency, or commisaCon with respect to any matter considered at a meeting or hearing, he will need a record of the proasdings, and that, for such purposes, he may Mad to ensure that a ysrbatim record o1 the proceedings is made, which record indudas the testimony end evidence upon which the appeU is to be bated. LOCAL PLANNING AGENCY/PLANNING AND ZONING COMMISSION ST. LUCIE COUNTY, fLORIDA lS/ Ed Merritt, Chairmen PubOeh: November 5, 2003 364181 St. Lucie County Planning and Zoning Commission/Local Planning Agency Meeting Minutes REGULAR MEETING November 20, 2003 Commission Chambers, 3rd Floor, Roger Poitras Annex 7:00 P.M. MEMBERS PRESENT: Ms. Morgan, Mr. McCurdy, Mr. Lounds, Mr. Akins, Ms. Hammer, Mr. Grande, Mr. Hearn, Ms. Hilson, and Chairman Merritt. MEMBERS ABSENT: Mr. Trias (Absent with Notice) OTHERS PRESENT: Mr. David Kelly, Planning Manager; Ms. Cyndi Snay, Development Review Planner III; Ms. Heather Young, Assistant County Attorney; and Ms. Dawn Gilmore, Administrative Secretary. P & Z / LPA Meeting November 20, 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: Chairman Merritt stated that he had contact with some disgruntled members of the public over the appointments to the North County Charette Steering Committee. 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. P & Z / LPA Meeting November 20, 2003 Page 2 Mr. Akins questioned when the steering committee was formed and the appointments made. Chairman Merritt stated that he received the information a week or two ago. Mr. Kelly stated that the Board of County Commissioners on October 28, 2003, approved Staff's recommendation of the broad categories for the steering committee, not the members' names. He continued that Staff has been working on filling those categories with names and that Item # 4 on tonight's agenda is to appoint a representative from the Planning and Zoning Commission to the steering committee. He advised that people have volunteered, there were some recommendations made by commissioners, so some of the categories do have named representatives now. Chairman Merritt stated that for Agenda Item # 3, Reitano Enterprises, he would have to recuse himself. He advised that he has no further interest in the project, but was the broker for the buyer of the property. No other announcements or discussion. P & Z / LPA Meeting November 20, 2003 Page 3 AGENDA ITEM 1: MEETING MINUTES -OCTOBER 16, 2003: Ms. Hammer stated that on page 4, last paragraph, line 5, should read, "that they are looking at". She also questioned the first sentence in the last paragraph on page 5. She stated she didn't understand what was typed. Mr. Kelly stated he believed the question was if it would be an enclosed storage building. Chairman Merritt confirmed that was what he had asked. Mr. Lounds made a motion to approve as amended. Motion seconded by Mr. McCurdy. Upon a vote, the motion was approved unanimously (with a vote of 8-0) as amended. P & Z / LPA Meeting November 20, 2003 Page 4 AGENDA ITEM 2: TEAMSTERS LOCAL UNION # 173- FILE NO. RZ-03-042: Ms. Cyndi Snay, presenting Staff comments, stated that Agenda Item # 2 was the application of TEAMSTERS LOCAL UNION # 173, for a Change in Zoning from the AR-1 (Agricultural Residential - 1 du/acre) Zoning District to the CO (Commercial, Office) Zoning District for a 2.95 acre parcel of land located at 3498 West Midway Road (North side of Midway Road, approximately 430 feet west of the intersection of Christensen Road and Midway Road.) The applicant's have indicated a desire to operate a union hall for their organization. Within the Commercial Office zoning district a membership organization such as the applicant wishes to operate is a permitted use. The subject property is surrounded by AR-1 (Agricultural, Residential - 1 du/acre) to the north, east and west and I (Institutional) to the south. The area in which the subject property is located has developed primarily into a residential core with interspersed institutional uses. Such facilities as the Hospice of the Treasure Coast facility and Liberty Baptist Church are located within close proximity to the subject property. Therefore, the applicant's request is consistent with existing land uses and the Land Development Code. The area in which the subject property is located is designated RS (Residential Suburban) on the future land use map of the County's Comprehensive Plan. The proposed CO (Commercial, Office) Zoning District is a zoning district allowed in the RS (Residential Suburban) land use designation. The permitted uses in the CO (Commercial, Office) Zoning District are not expected to unduly impact the surrounding area or uses. Midway Road west of 25`x' Street has been in a transition from a residentially oriented community to a more institutionally oriented community with accessory office uses. This stretch of Midway Road has a number of religious facilities, the Hospice of the Treasure Coast, the main Sheriff's Office, New Horizon's of the Treasure Coast, the Health Department's new complex, the Twin Oaks Alzheimer's facility and the post office on the stretch of Midway from 25"' Street west to the Turnpike. These institutional uses all have frontage and access onto Midway Road. There continues to be residential property surrounding these facilities. The applicant's request is consistent with and would continue the existing growth pattern of the area. The rezoning of the property is not expected to create significant additional demands on any public facilities in this area. The proposed amendment would not be in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in 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. Mr. Walter Laughenger, 4220 Sunrise Boulevard, stated that he represented the petitioner Teamsters Local Union # 173 for Tropicana Products. He stated that they were requesting the change for an office, meeting hall, and a learning center for Tropicana Products. He also stated P & Z / LPA Meeting November 20, 2003 Page 5 that they would use the hall for their meetings and a training center for new employees in computer use and other vocations that will benefit Tropicana. Mr. Lounds questioned if there were other companies in St. Lucie County that were members of Local # 173. Mr. Laughenger stated that they were not part of Local # 173. He continued that they would also like to rent their space to Local # 769, who represents UPS and several other companies from Cocoa Beach to Miami. Mr. Lounds questioned how many regular employees would there be. Mr. Laughenger stated there would be three employees, himself, a secretary, and a representative from Local # 769. Mr. Lounds questioned how many employees would be utilizing the training facilities at any one time. Mr. Laughenger stated they would have about 15- 20 people at a time. Mr. Lounds questioned if the owners of the single family home that is near the subject property were present. No one was present from the public. Ms. Hammer questioned what type of capacity they were looking for from the meetings. Mr. Laughenger stated that it would just be a once a month membership meeting with about 25-30 people. He stated that he would like them to have 50-100 employees present, but that does not normally occur. Mr. Hearn questioned if there was a residential home to the rear of the property to the east. Mr. Kelly stated that it was a barn, not a residence. Mr. Hearn stated that since there is no residential use to the north, south, or east of the property, there would only be a buffer required on the west side of the property. Mr. Kelly confirmed that was correct. Chairman Merritt opened the public hearing. Seeing no one, Chairman Merritt closed the public hearing. Mr. Lounds questioned what the width on the property was. Mr. Kelly stated that the width of the property is 210 feet. Mr. Lounds questioned if they put in a building should there be some concern about the traffic on that road, knowing what is going to happen on Midway Road. Mr. Kelly stated that traffic is always a concern, but it is a relatively minor use for a couple of meetings or training sessions a month. 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 Teamsters Local Union #173 for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the CO (Commercial, Office) Zoning District because it is going to be along the Midway Road corridor, which I think we are all aware is changing character to a commercial usage and I believe this would be a low impact usage and in tune with the character of the neighborhood. Motion seconded by Mr. Grande. Upon a roll call vote the motion was approved unanimously (with a vote of 8-0) and forwarded to the Board of County Commissioners with a recommendation of approval. P & Z / LPA Meeting November 20, 2003 Page 6 AGENDA ITEM 3: REITANO ENTERPRISES, INC. -FILE NO. RZ-03-043: Ms. Cyndi Snay, presenting Staff comments, stated that Agenda Item # 2 was the application of REITANO ENTERPRISES, INC., for a Change in Zoning from the AG-1 (Agricultural - 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District fora 2.15 acre parcel of land located on the north side of Koblegard Road approximately 330 feet north of the intersection of Indrio Road and Koblegard Road. On May 21, 2002, the Board of County Commissioners approved a change in zoning from the AG-1 (Agricultural - 1 du/acre) zoning district to the CG (Commercial, General) Zoning District for the adjacent parcel to the south. This parcel fronts on Indrio Road. Since that time, the applicant submitted an application for a minor site plan approval to allow a retail convenience store with accessory gas pumps. As part of the design process the applicant attempted to get access from the proposed site onto Indrio Road. FDOT would not permit the access into or out of the project onto Indrio Road. During the review of the project, it was determined that insufficient frontage was available on Koblegard Road to satisfy the access management criteria of Section 7.05.06(C)(2)(f) and (g) of the Land Development Code. In order for the property to be developed, the applicant was required to provide an alternate access into the project. Therefore, the applicant purchased additional property to the north and is requesting that the County rezone the property to a CG (Commercial General) zoning district consistent with the property to the south. The proposed zoning district is consistent with the St. Lucie County Land Development Code. The proposed change in zoning is consistent with the St. Lucie County Comprehensive Plan. The request is compatible with the MXD - Indrio Road Future Land Use classification, which allows commercial general zoning in the area of proposed development. Under Policy 1.1.7.3 of the Land Use Element, the subject property is designated for low intensity development. Policy 1.1.7.3 further sets forth the criteria for the MXD-Indrio Low Intensity Future Land Use Classification as follows: Use Intensit Residential Not to exceed 5 du/acre Institutional 0.5 FAR Professional Service/Office 0.5 FAR General Commercial 0.5 FAR Public Service/LJtilit .25 FAR The proposed zoning may be consistent with proposed land uses in the area. The subject property is surrounded by AG-1 to the north, east and west and CG (Commercial General) to the south and is primarily surrounded by citrus groves and is currently utilized as pasture land and does not contain any environmentally sensitive lands. At this time no other commercial uses are present in the area. The area under consideration is located within an area designated for I-95 interchange support uses. The proposed convenience store will provide a support use for I-95. Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff is P & Z / LPA Meeting November 20, 2003 Page 7 recommending that you forward this petition to the Board of County Commissioners with a recommendation of approval. Mr. Joe Friscia, Friscia Engineering, 681 Whitmore Drive, Port St. Lucie, stated that he was the agent for Reitano Enterprises, Inc. Mr. Grande questioned if this piece is being requested for rezoning strictly because of the access requirements and that the site plan is not going to have any of the store or gas station on this particular site. Mr. Kelly stated that they have not seen a new site plan and the existing site plan did not go onto that parcel. He advised that the plan would need to be modified at least to the extent of showing access on the new portion of the plan. He continued that with new commercially zoned property ultimately there would probably be some use on this property too. Mr. Grande stated that a service station is an acceptable conditional use under the property's current zoning. Ms. Snay stated that it is a permitted use under the CG (Commercial, General) Zoning District and a conditional use under the AG-1 (Agricultural - 1 du/acre) Zoning District. Mr. Grande questioned why the applicant is requesting a change in zoning instead of a conditional use permit. Mr. Kelly stated that they would be hearing the request either way, but since they made the investment to buy additional property to make the project work they would most likely want more return out of the property and a rezoning would probably give them that. Mr. Friscia confirmed that was correct and that their only intended development is a convenience store with fuel pumps. He also stated that the intent is to develop this property over time with uses that are consistent with the CG (Commercial, General) zoning, especially with the current development planned in that area. Mr. Grande questioned if Koblegard Road is going to be the new exit from the Spanish Lakes Community. Mr. Kelly confirmed that was correct. Mr. Hearn stated that he believed truck stops were permitted uses in CG (Commercial, General) zoning, even though they were not specifically listed, and was concerned that by rezoning this parcel we could end up with a truck stop on these parcels. He also stated that he believed truck stops should be specifically listed as a conditional use under CG (Commercial, General) zoning. Mr. Kelly stated that he believed under the Standard Industrial Classification (SIC) codes; it may classify truck stops within the gas station section. He also stated that the combination of both parcels most likely would not be large enough for a truck stop and also would not work since there would not be access off of Indrio Road. Mr. Friscia stated that they have no intention of putting a truck stop on those parcels because it is way too small and doesn't have the appropriate access. Note: Research subsequent to the meeting confirmed that truck stops were permitted uses in the CG (Commercial, General) Zoning District. For reference, truck stops are included in SIC Code 5541. Mr. Lounds questioned what the access issues were. Ms. Snay explained that in order to get a full access permit they must be three hundred feet from the intersection. She continued that with the way the new accesses are designed for Koblegard from Spanish Lakes, they had to go further to the north to get a full access. Mr. Lounds questioned what the time span was for the Spanish Lakes access. Ms. Snay stated that it is not currently on any of the books to be developed at this P & Z / LPA Meeting November 20, 2003 Page 8 point. Mr. Lounds questioned if the petitioner would have to pave Koblegard Road from the end of his property to Indrio Road. Ms. Snay confirmed that was correct. Ms. Hammer questioned if the complete study going on in that area goes out as far as this property. Mr. Kelly confirmed that it does include that far out, but the difference with this parcel is that it is within the island urban service area near the interchange. Chairman McCurdy opened the public hearing. Seeing no one, Chairman McCurdy closed the public hearing. Ms. Hammer stated that she felt the petitioner should consider waiting to move further with this request until the studies in that area are completed. She advised that a complete look at the whole area should be done before any decisions are made in that area. Mr. Lounds stated he appreciates what Ms. Hammer is stating, but this piece adjoins a piece that was already approved for CG (Commercial, General) zoning. He continued that he would not have a problem doing this because it abuts and is going to be a part of an already fixed piece of commercial property. 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 Reitano Enterprises, Inc., for a Change in Zoning from the AG-1 (Agricultural - 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District because it is consistent with the surrounding property and will allow the previously planned development to go forward. Motion seconded by Ms. Morgan. Upon a roll call vote the motion was approved unanimously (with a vote of 7-0) and forwarded to the Board of County Commissioners with a recommendation of approval. P & Z / LPA Meeting November 20, 2003 Page 9 AGENDA ITEM 4: APPOINTMENT OF P&Z MEMBER TO THE CITIZEN STEERING COMMITTEE FOR THE NORTH COUNTY CHARETTE: Mr. Lounds stated that he felt Mr. McCurdy would lend a great deal of input to the committee for the charette. Mr. Kelly explained that typically a steering committee looks at the organization of the charette, how it is conducted, and makes decisions about how things are done, not what is done. He stated that this is not a committee that will be making land use decisions. He advised that this committee would oversee the operation of the charette. Mr. Lounds stated that too many times the County tries to have an advisory corrunittee that has only one opinion. He feels this issue really needs to have opinions from all sides. He continued that there are several views that need to be discussed for the North County because he feels the Central and South County will follow that lead. He stated that he hopes the charette will be open to everyone's opinions so it is not cone-sided discussion. Chairman Merritt questioned if there was an official list of appointments. Mr. Kelly stated that he did not believe there was one yet. Chairman Merritt stated that when he saw a list it showed appointments from Spanish Lakes, Lakewood Park, St. Lucie Water Management District, and two at-large appointments. He continued that he felt the committee did not have the property owners properly represented. Mr. Kelly stated that the committee would only review the organization and operation of the charette. He continued that once the charette is open to the public he believed a good cross section of representatives would be attending. Mr. Grande stated that he believed the attendees at the charette would put the input on the table, as opposed to the steering committee that is only organizing it. He questioned why the chair would not consider representatives of Lakewood Park and Spanish Lakes landowners. Chairman Merritt stated that his problem is that the landowners only have one appointment, which involved more land than Lakewood Park and Spanish Lakes combined. He continued that in his experience the steering committee appointees set the tone and agenda for what happens at the charette. Ms. Hammer questioned if it would be appropriate for them to suggest adding Susie Caron as a representative for the landowners because she remembered her speaking at several past meetings. Chairman Merritt stated he believed she was already appointed. Mr. Kelly confirmed that was correct. Mr. Lounds made a motion to elect Mr. McCurdy as the Planning and Zoning Commission's representative on the on steering committee because he feels his background in real estate would be beneficial. Motion seconded by Mr. Hearn. Chairman Merritt questioned if Mr. Grande has requested an at-large appointment to the charette. Mr. Grande stated that he did not. Ms. Hammer stated that the developers that they had asked to P & Z / LPA Meeting November 20, 2003 Page 10 wait aren't going to be able to wait too long, so this should be fast tracked. She is concerned that the present property owners have as much input as possible and be able to make decisions in their life in the future, based on certainties. Chairman Merritt stated that he feels Scripps will have some influence on the charette as well. Mr. Grande stated that he was considered by the Conservation Alliance as their representative, but because of his status it did not make sense. He continued that he is not anyone's representative and was never considered for an at-large position. Upon a vote the motion was unanimously approved with a vote of 8-0. P & Z / LPA Meeting November 20, 2003 Page 11 OTHER BUSINESS/DISCUSSION: Mr. Hearn stated that he wanted to ask legal staff if the Random House Webster's dictionary definition of arena is reasonable for insertion into the Land Development Code. He continued that it is a word that needs to be defined in the code. Ms. Young stated that the Webster's definition of a word is generally acceptable. She stated that if the Planning and Zoning Commission wants to make a recommendation to have the code amended to add it they could make a request. Mr. Grande stated that he did not understand the context of this proposal. Mr. Hearn stated that he brought it up because under the permitted uses section of the CG (Commercial, General) zoning it says "except stadiums, arenas, racetracks, amusement parks, and bingo parlors". He continued that they all are self explanatory, with the exception of arenas. He stated that he feels it is important to have a definition in the code that everyone can refer to. Ms. Young stated that one part of the first definition that Mr. Hearn referred to states "a building used for sports or other entertainment". She continued that a building used for other entertainment could be a variety of things like a theater, concert hall, or anything like that. Mr. Hearn stated that the second definition would fit as the word arena is used in the Land Development Code. Mr. Hearn made a motion to include a definition for the word arena in the Land Development Code so that there is no misunderstanding. Motion seconded by Mr. Grande. Chairman Merritt questioned what Staff's opinion was of the request. Mr. Kelly stated that he did not have any problem with adding definitions to the Land Development Code. Mr. Hearn stated there needs to be a definition of some kind in the Land Development Code. He continued that it doesn't have to be the definitions that they discussed, just a definition of some kind. Mr. Grande stated that he agrees and when he seconded the motion, it was to have a definition of some kind put into the Land Development Code, but not necessarily the definitions provided by Mr. Hearn out of the Webster's dictionary. Upon a vote the motion was unanimously approved with a vote of 8-0. Ms. Hilson stated that she would be becoming the School Board Chair so she would have Catherine Hensly replace her on the Planning and Zoning Commission. Next scheduled meeting will be December 18, 2003. ADJOURNMENT Meeting was ad'ourned at 8:15 P.M. Re ectfully submitted: n Gilmore, Secretary P & Z / LPA Meeting November 20, 2003 Page 12