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Agenda 12-18-2003
M St. Lucie County Planning and Zoning Commission/Local Planning Agency Regular Meeting Commission Chambers, 3`d Floor Roger Poitras Annex December 18, 2003 7:00 P.M. 'l ? tp CALL TO ORDER: A. Pledge of Allegiance B. Roll Call C. Announcements -- D. Disclosures AGENDA ec6-(-r-jY AGENDA ITEM 1: MEETING MINUTES — November 20, 2003 Secretary Action Recommended: Approval P�-M Exhibit #1: Minutes of November 20, 2003, meeting alk Z-Q-, AGENDA ITEM 2: JOSEPH G. MILLER - FILE NO. RZ-03-004 / PUD-03-003: This is the petition of JOSEPH G. MILLER, for Change in Zoning from the AG-5 (Agricultural - 1 du/ 5 acres) Zoning District to the PUD (Planned Unit Development - Carlton Country Estates) Zoning District. David Kelly will present Staff comments. Action Recommended: Forward Recommendation to County Commission Exhibit #2: Staff Report and Site Location Maps AGENDA ITEM 3: PALMS AND TROPICAL TREES DEPOT, INC. - FILE NO. RZ-03-044: This is the petition of PALMS AND TROPICAL TREES DEPOT, INC., for Change in Zoning from the AG-1 (Agricultural - 1 du/acre) Zoning District to the IL (Industrial, Light) 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: ORDINANCE NO. 04-001 - CREATING SECTION 10.01.10 - ADMINISTRATIVE VARIANCES: This is an ordinance amending the St. Lucie County Land Development Code by creating Section 10.01.10, Administrative Variances. Dennis Murphy will present Staff comments. Action Recommended: Forward Recommendation to County Commission Exhibit #4: Staff Report �V-,,'�- This is an ordinance amending the St. Lucie County Land Development Code by amending Section 7.10.13 - Sewage and Septage Treatment Facilities. Dennis Murphy will present Staff comments. Action Recommended: Forward Recommendation to County Commission Exhibit # S: Staff Report 5r St. Lucie County Planning and Zoning Commission/Local Planning Agency Regular Meeting December 18, 2003 7:00 P.M. AGENDA AGENDA ITEM 6: ORDINANCE NO. 04-003 — CREATING SECTION 3.01.03 (EE), CPUB, CONSERVATION — PUBLIC ZONING DISTRICT: This is an ordinance amending the St. Lucie County Land Development Code by creating Section 3.01.03(EE), CPUB, Conservation — Public, Zoning District. Dennis Murphy will present Staff comments. Action Recommended: Forward Recommendation to County Commission Exhibit # 6: Staff Report . AGENDA ITEM 7: ST. LUCIE COUNTY BOARD OF COUNTI'—COMMISSIONERS: The St. Lucie County Board of County Commissioners proposes to adopt by Resolution changes to the zoning designation on certain parcels of land in the unincorporated area of St. Lucie County. Action Recommended. Forward Recommendation to County Commission Exhibit # 7: Staff Report OTHER BUSINESS: A. Other business at Commission Members' discretion. B. Next regular Planning and Zoning Commission meeting will be held on January 16, 2004, in the Commission Chambers at the Roger Poitras Annex Building. ADJOURN NOTICE: All proceedings before the Planning and Zoning Commission/Local Planning Agency of St. Lucie County, Florida, are electronically recorded. If a person decides to appeal any decision made by the Planning and Zoning Commission/Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Upon the request of any party to the proceedings, individuals testifying during a hearing will be 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 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"' 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 251h 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 for a 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 Intensity Residential Not to exceed 5 du/acre Institutional 0.5 FAR Professional Service/Office 0.5 FAR General Commercial 10.5FAR Public Service/Utilit .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 committee 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 a one-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 adjourned at 8:15 P.M. submitted: , Secretary P & Z / LPA Meeting November 20, 2003 Page 12 r PLANNING & ZONING COMMISSION REVIEW: 12/18/03 COMMUNITY DEVELOPMENT DEPARTMENT (Planning Division) MEMORANDUM TO: Planning and Zoning Commission FROM: Planning Manager DATE: December 11, 2001 SUBJECT: Application of Joseph Miller, for a Planned Unit Development approval for the Project Known as Carlton County Estates, and for a Change in Zoning from the AG-5 (Agriculture 1 dwelling unit / 5 acres) zoning district I o the PUD (Planned Unit Development - Carlton Country Estates) Zoning District for a 151 acre land tract to allow the construction of a 24 of subdivision with roads, drainage, and equestrian trails. ryv I-e.3 LOCATION: East side of Ideal Holding Road approximately .75-aemm south of Okeechobee Road ZONING DESIGNATION: AG-5 (Agriculture 1 dwelling unit / 5 acres) PROPOSED ZONING PUD (Planned Unit Development - Carlton Country Estates) LAND USE DESIGNATION: AG-5 (Agriculture 1 dwelling unit / 5 acres) PARCEL SIZE: 151.8 acres PROPOSED USE: �A 24 lot subdivi ion with roads, drainage, and equestrian trails. J / e SURROUNDING ZONING: AG-5 (Agricult re 1 dwelling unit / 5 acres) to the north, south, east and west SURROUNDING LAND USES: AG-5 (Agriculture 1 dwelling unit / 5 acres) to the north, south, east and west FIRE/EMS PROTECTION: Station #11 3501 Shinn Road located approximately 6 miles to the northeast. UTILITY SERVICE: ,— Well and Septic tanks December 11, 2003 Page 2 TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: SCHEDULED IMPROVEMENTS: TYPE OF CONC-URRENCY DOCUMENT REQUIRED: Carlton Country Estates File No.: RZ-03-004 and PUD-03-003 Ideal Holding Road has a right-of-way width of 100 feet. None Certificate of Capacity. 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 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 preliminary and final PUD (Planned Unit Development) approval for a 151-acre tract of land, to construct a 24-lot residential subdivision. The proposed rezoning has been determined to not be in conflict with any applicable provision of the St. Lucie County Land Development Code. The application for Preliminary Planned Unit Development (PUD) approval has been reviewed for consistency with the provisions of the St. Lucie County Land Development Code and.. has been determined to meet all applicable standards of review. On April 3, 2003, the project was granted two variances by the Board of Adjustment. The first of these variances allowed for dead end streets longer than the 1000-foot maximum allowed by Section 7.01.03(E)(9) of the St. Lucie County Land Development Code. The second variance allowed less than 35% common open space in a Planned Uni Development as required in Section 7.01.03(I)(1). 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The applicant has demonstrated that the proposed PUD (Planned Unit Development) amendment is consistent with all elements of the St. Lucie County Comprehensive Plan. Policy 1.1.1.1 - The development proposal allows for 24 lots on 151 acres, a density of 1 home per 6.29 acres. This density is consistent with the maximum density permitted within the AG-5 (1 du/5 acres) Comprehensive Plan designation. Policy 1.1.2.1 — The density does not exceed that allowed by the Comprehensive Plan. December 11, 2003 Page 3 Carlton Country Estates File No.: RZ-03-004 and PUD-03-003 Policy 1.1.2.2 — The proposed petition is being processed as a Planned Unit Development as required. Policy 1.1.2.3 — The project provides in excess of 80% open space (81.64%) as required. Policy 1.1.2.6 — Perimeter buffers have been provided. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses: This proposed change in zoning and the accompanying Planned Unit Development site plan is consistent with the existing and proposed uses within the area. Large lot subdivisions with agricultural amenities (such as the proposed riding trails for horses) are considered consistent in the Agricultural areas. 4. Whether there have been changed conditions that require an amendment; There are no changes that would 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 applicant is proposing a 24-lot subdivision on 151 acres in the AG-5 zoning district resulting in minimal demands on public facilities. The applicant has received confirmation that sufficient capacity is available to meet the demands of the proposed project. A previously approved MSBU (Municipal Services Benefit Unit) partially funded Carlton Road. The developer is working with the County in order to insure that this project pays its fair share of that cost. The project anticipates using onsite wells and septic tanks. he proposed development is expected to generate fewer that 240 daily trips. Carlton and Okeechobee Roads have sufficient capacity to meet the demands of this project. As part of the site planning process, the applicant's were notified that the proposed access roadways exceeded the maximum 1,000 feet in length. In order to develop the parcel, the applicant petitioned the St. Lucie County Board of Adjustment (BOA) for a variance to Section 7.05.02(A)(9), to allow internal roadways that exceed 1,000 feet in I ength. The BOA unanimously approved the variance request. The proposed development is not expected to negatively impact any of the surrounding public facilities. Op__ 9 � I(� 0�- December 11, 2003 Carlton Country Estates Page 4 File No.: RZ-03-004 and PUD-03-003 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The property being proposed for development was previously cleared. There is no significant native vegetation located on the subject site. No significant adverse impacts on the natural environment are expected. 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 site is designated with an AG-5 (Agriculture 1 dwelling unit / 5 acres) Future Land Use Map designation that permits the development of a large lot Planned Unit Development with agricultural amenities. The proposed development is not in conflict with adjacent land uses. Aero Acres a subdivision with accessory runways for private aircraft is within one-half mile of this project. No conflict between the uses is expected. The developer has agreed to notify buyers of the existence of this 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, Joseph Miller, is seeking approval for preliminary and final PUD (Planned Unit Development) approval for the project to be known as Carlton Country Estates and rezoning to PUD - Carlton Country Estates to permit the development of a 24 lot subdivision on a 151-acre parcel of land located on the east side of Ideal Holding Road approximately .75 acres south of Okeechobee Road. Staff has determined that the proposed zoning designation and the Preliminary and Final Planned Unit Development Plan are compatible with the existing and proposed uses in the area. This petition meets 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 recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval subject to the following conditions: 1. Prior to final Board of County Commissioner's approval of the requested rezoning, the developer shall agree to payment of his fair share of the improvements to Carlton Road currently paid for by the MSBU. December 11, 2003 Carlton Country Estates Page 5 File No.: RZ-03-004 and PUD-03-003 2. Notice shall be given to all original buyers in Carlton County Estates of the existence of the Aero Acres subdivision and its associated accessory uses. Please contact this office if you have any questions on this matter. Attachment dk cc: Joseph Miller Barington Brown, LBFH File December 11, 2003 Page 6 Carlton Country Estates File No.: RZ-03-004 and PUD-03-003 Suggested motion to recommend approval/denial of this requested conditional use. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF JOSEPH MILLER, FOR PRELIMINARY AND FINAL PLANNED NON-RESIDENTIAL DEVELOPMENT APPROVAL FOR THE PROJECT KNOWN AS CARLTON COUNTRY ESTSATES, AND FOR A CHANGE IN ZONING FROM THE AGA (AGRICULTURE 1 DWELLING / 5 ACRES) ZONING DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT — CARLTON COUNTRY ESTSATES) 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 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF JOSEPH MILLER, FOR PRELIMINARY AND FINAL PLANNED NON-RESIDENTIAL DEVELOPMENT APPROVAL FOR THE PROJECT KNOWN AS CARLTON COUNTRY ESTSATES, AND FOR A CHANGE IN ZONING FROM THE AG-1 (AGRICULTURE 1 DWELLING / 5 ACRES) ZONING DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT — CARLTON COUNTRY ESTSATES) ZONING DISTRICT, BECAUSE... [CITE REASON(S) WHY - PLEASE BE SPECIFIC] .TON COUNTRY ESTATES 151.837 TOTAL ACRES PHASE I m Imv YArE tacE rt rnerlxo PAVEMENT (TV) iRAM. CAY A ROAD ti 100 0 100 200 ' — r y i COWR •' rRowo6w..+. G SEtRACK I ram I I` I I I U I I I 1 WSnNc POMM POLE I w� to L)E I I PRIMA gBKK I M6rIr01aN LINt ArD I f KANTOR �� WRl UXAMK SMO�$Em" nm I r"m I, I (` ± II I 19 I 5.23 ACRES I I 5.15 I CRES I 5.23 ACRES 11: I 5.03 ACRES ,ry 1 L-----� I;I L----- -- ---1 --� I---- r-- -- r------� ---- —� 2 x�ROAM" I W4OWf 50B."(I I Ztff— S. R ORAIM I eI II II 20 5.23 ACRES I I 5.17 ACRES PftNE TO BE REMOVEDx 14 I I 5.18 ACRES I I:I I I I I 5.21 ACRES EI I I L-'-- ---'1 — ="RACK 1----�---1 �----- -1. L------J i — p• e _ — — — — .1 (- o• SIDE — 1 I •--•. �. —_ — I' I A I 9 i El I 15 I I - d, 5.15 CRES I 8 I 5.22 ACRES I Itl 21 t ` I 5.22 jACRES I I i I I Eb I I i '; i I� ', 5.18 ACRES I 1,,- —_J ,; I L -- I ----1 I I I I —+N+---- J Fr- IL''------�-1 I--- I.'I 11 I . RUxpwxa sEtNJx 1 I I I 1 I I 11 16 1 I 12 5.21�CRESII II I I 5.1ACRES I I{I I .1 ACRES I I —1-� Rxea-oF- I I IL MY RIBN ' --y I L -- 1 1 L --J L-----J i I Lw —�---- 1 REM LIIMOM SOBAC (I 17 I' s' I% 23 I 5.15 CRIES I I? 1 I 5.12 A RES I I 5.13 ACRES IIl 5.12 ACRES 9 I� � I I 1 I / s � \ 75' R/w MpU4 7S' R/r PADNIS } { 1 �+ 18 I I 24 I 5 12 CRES I r I I 5.19 A I RES 5.21 ACRES I 5.23 ACRES I , J s 30• REAR L — d8D N0 SETRACY J :� i( r �. ---x —x +z x x iiiiin.o ouxo 4'x1• CONgIEtE ; trlamwNt� o to Lal J xrARx(o (u�•) Exe.n pax m o.mI S00'OW251 2W7.0T 1gIy1 1 PONO Is ICI' NOi�CTRL HIDDEN ACRES UMA� PLAT BOOK 17, PAGE 6 �.31TMn W�f ( 14' I SECnON CORNEA ------------ i VERIFY SCALE o,(e t2-t2-oz BAR IS EQUAL TO ONE Solwo sNowtL INCH ON ORIGINAL DRAWING 0rarlt ei^-�- 0 � t CneoY eY' iLx ADJUST ALL SCALED DIMENSIONS ACCORDINGLY (x01N.0.)aDI8ef•r.vI 00Fr 0�gd8. R).axNsSE• rEPROPOSM NE STRUC�TROL & I '^ PMVE OU1FAII 1 _t/4 SECxON CORNER CONSULTII SURVE "Partr p C. Veit 2222 Colonial Road, Suite 201. Fort (772) 461-2450 Fax; (772 SPR & FB E License No: 950 PROJECT NAIAE: CARLTON COUNTY ESTATES I I 1 1.0CAn". ST. Lwt Coum. KORIDA SURVEYOR, JAMS A. KIRITY D 1107 TURNPIKE SESOER ROAD OWNrb JOKPN D. WLLER, TRUSTS( P.O. ROE 1!I! FOOD ORANGE AVENUE SORT PIERCE, PLORIDA 34250 SPIT PIEALS. FL xS47 LANDSCAPE ANCWWI WIL,uu A. iLMT ITS 1 j k D"fr.Rr LATH, WC. 2310 SE COUIRRV CM LANE 2222 COLONIAL ROAD STUART. SLORDA 34511 _. ............_. _. ' . _. _ ___ .. .._.._.._ _.._. SUITE :01i roRr PIERCE, FLORIDAx1w i 1 - (YPE or ►ROJECO SINGLE-rAWLY KNDOMAL I 1 OROss PROJECT sat, 151.54 ACRES E EXISTING SAND USG AD cAORICULTUK) EXISTREG ZOAWA AO-1. i ; PROJECT L0CAT/ON _.._ snE eovrRAou ADIEI9E Y Y DC SITE ROADWAY 2.361 103.150.1 1.53 1 ___— E371WTE0 IA97 204,572, 3.01 HORSE TRAE�COYYON ARG 23.171 ro7.172.7 13.03 ! 1 REWIWN6 SPACE 113.g1 0,400,1T1.7 1T.R1 f � I IMPERVIOUS 7.0" 307,7-.4 t.SS PERVIOUS144.106 a,307,7/S.4 9 0.41 !--_— v TOTAL PROJECT 15t.537 4,614,019.7 100.00 ................. _._.._.._.._._.._.._.._.. __.._.._.______.._..+.._.._.._._.._.._.._._.. _.....--._._._ R ESTIVATE! A TOTAL SUILDINO COV[RAOE FOR MAN STRUCTURE AND i ACCBSOXY STRUCTURES AS 8,500 ST PER LOT. PARKIN, NOT $IN= FAMILY RESIDED E! YOTNICAKE -NO OOYVONN LOCATION MAP STRUCTURES' SCALE: NOT TO SCALE ROMAN rfr, INITIALLY PROPOSED AS ELEVATION 24.00 rT-KOVD IGINEERING STATEMENT: D SE R MAKE WATER SURLY AND DMNYYIDIR M14111E WATER TO SENVI M MWOUD CEVEEOPMMT SHALL K PROVUID 4• ADAOWAT WRASTRIN7YK, DW TYPICAL PAVEMENT SECTION (OR THE VEHICULAR RAVEL TARo13 WITHN THE MOXCT UNITS SMALL OPEN WDIVIDUAL WELLS *MAUD 47 EACH LOT. THE WQJ.S- RESPONINKITY OF 94M MMUAL iAT Ow""LL K ND NSTALLED ATESTED PER ALL ~ASL[ RATE AND LOCAL KOUILKHOMS. WELLS TO SERVE OTHER PI101 M USES K 0b /.[-IYCN Or A.S.C.7. TM 3-1 AYIYLM CONCRRE. E-Oft COYPACT[0 COOWIA OR EYNROCN SASE. ANO M1 S-INCH COpWA/W,[ROCIU SEASLUXD fURORADE. IS LARGER THAN 2-1ICH W ONUITER SHALL K KWWD. PERMITTED. AM IWALLEO TO SOUTH fLOMA WATER MANAGE" 1, PIOOP KAAI IWDINATUW THE PROPOSED MOXCT IS CONTREREO TO K LOCATED OPTIMISM TLOOD GONE 'S' WW% REPRESENTS NCI CWTENA AND REGULATIONS. AREAS DMSSUIO TO K OUTSIDE W IKE NO -YEAR n000 MAIN PWSUAT TO rCM TOM YAP ME, 1211 IC0330 I OPTED AUGUST It. IKI. CSNIM WATER SYSTEM IS AVAKAU TO THE PROTECT AT THIS TIN[. THE YYYWY /IIRSII[0 PROSE ELEVATIONS IM 111E IRWKER DEVELOPMENT WILL SC ERTARUSREO SAKD LEMON SECTNW 7DAOI.0 W I*[ COVI'RAOE IS PROPOSED TO K PROVIDED OUT TO INIT LACY W WATER DOTIMUTIOM TO THE AREA. THE ST. INCH COUNTY LAND DEVELOPMENT REOUTATIM. WWAK CGEUCION AND OMPCULJ WASTEWATER COLUMM AND OMPOSAL FOR THE PROPOSED DEVELOPMENT SIWL K MGNDED S. [POT WNADMOET MALOMI SCSI MANAGEMENT PRACTICES SMALL K USER OURNIO CONSTRUCTION ACIMHLS l0 INSURE EM1NNMIfA xHMM AREAS ARE NOT IMPACTED IT THE PROPOSED CONSTRUCTION'SILT EMUS AND TURKDITV DARRIERS SMALL MDIVUUAL S[/TIC TAME SYSTEMS WSTAUEO AT SUN EDT. THESVN I1C SYSTEMS WILL K THE R[SPONSIWr OF PACK I101VIOUAL K VAPL[YENT[O AS SITUATIONS KWW OR AS DIRECTED BY $1. LUCH COUNTY. THE SFWMD. ARD THE GENERA WPM CONSUMES. om4 AND SHALL K acomm, MRMm[D. AND INSTALLED W ACCORDANCE WnI STATE W rUMDA WARTMMT W "MTN TIER 64-1, K.A.C. 7. VOCATION PROTECTION; WEN THE EEKTSO AND PAST USE AS AR AUICULiWAL YS[. TN NAMIRIY W TN[ PRMATE MAR LONG A00 SEEM GtO EARV[O[TATION. ANY V[OE7ATUN THAT IS CURRENTLY ORTHE SITE IS LISTED AS NUISANCE YID WSA K CLEARED CONTRA UWER SYSTEM IS AVALAKE TO THE MOACT AT THIS IIH. DURING DEVELOPMENT U THIN SITE. S. KVV.~ SOMFOUIS, THE ►ROAECT IS DIVIDED INTO TWO PN431S - PIUSE I AND PHASE 7• PINK I WLL K THE SOUTHERN OWAC[ WATER MANA49 OIFO 719 FARM IS CURRENTLY USED W AN AWILULfURM. ANCTION AND THE ILIlTNIO DRASUAO[ IS VETED TD IKE TWO AOACENT MGM ST. LLICW IYV[R WATER CONTROL IMSTMT (ft"CO) CANALS (w. 7/ AND W. 71) ST,Cowsmucrm TAM FARM DITCHES AND SWAIM MOST .ACCESS ROADWAY AND ALL OFTHE STORMNAM IRSASTRUCTURE ASSOCIATED WITH IKE PHASE 1. PHASE I WILL KOIN rENKD ALL AWAL. STATE. AMP LOCAL APPROVALS - THIS IS (SINIATED AS IALL 2003. CONSTRUCION n ANTICIPATED TO TARE 7-4 MONTHS, FT 13 ANTICIPATED TRAY PHASE OVAL NOT COMMENDS WTL PHASE 1 NA KEN DEVELOPED AND A /KTUN Or 111E lGl3 SOLD. THIS. MOIOSSO DEVELOPMENT ANY"ATES MAINTAINING 1N[ CONNICT04 10 THE TWO HUMP CANALS. IS ESTIMATED 4 PALL Of 20047 :R KVTLOPYENT, EXCESS SIOIWWAEA "PERATEO AS A AEEULI OT THE MOIEOT WILL K COUICIEO ST AOWSIOT SWALU AND SURVEY: VEVER TO THE PROPOSER OK KTD"M AREA WHICH WILL WARDLE THE PROPOSED LOTS. THE LOTS TNMELVES WAIL K HS $0 THAT OCESS STORMWARN WALL WHET FLOW TO IRE PROPOSED KY Ki[NTION /JUG, AS WELL IKE OAY DETENION AAREATHE Mcwnm ATE AD TREAT TIRE SIOIt11WAM RlR10f1 WITH TWO EDAM CONTROL STRUCTURES AMC THEN DISCHARGE INTO THE n7w CANAL SYSIIY. RC SOUINWLST /1 4 W SECTION 11, tOWMSTOWNSHIP>• SOUTH. RANGE 71 dST. SE. LUCIE COUNTY. FLORIDA. LESS AUHf-W-W1T5 FOR CANA NUWERE 7S AMa 77 Or THE MONTH. LUCK NM[A WATER CONTROL DISTINCTAND LIU THE -W Or REPEAL L HOLDING ROA, MOXCT HULL K KKONED TO MEET THE REQUIREMENTS W SECTION 7.07.00 W THE x. LUCIE COUNTY LAND OEVELOPIHMT NOTES NATIONS AND THE SOUTH FLORIDA WANT MANAGEMENT MTRCT'S (SEIYMO) SAES OrREVLW. AS WELL AS. THE MMMMMIS IS, NORTH x. LUCIE OVER ARAM CONTROL WWI 011M AHD CKTERN. , ALL ADADWAIS. DRAINAGE. AND COMMON AREAS WML K OWNED IMI MANTYN(D SWINE PROPSIM OWNERS ASSOCIATION. SECTION C—C M.T.L TOPS SWA E WITnn. 121.0' SECTION D—D MATCH EXISTING N.T.S 4w"!) UEVATMNIN22a'1� I.W P:I _..� A20.r X (/TEM) —11.2 SECTION E—E N.Y.S. POLY f� . � IN. e• P. M. 76 ) BELOW DUST" 10p or ROAD GROUND ELEVATION. "HAND' y SECTION A —A M.T.S. SECTION B—B N.T.S. DRY SWAE SLOP CORD. ((7) MAY GRADE TO 0.1'_ EX AT ATUN i I J;L _ j I SED AREA LOPE S2,t.1' cIC2C. John k:-tiri ghtEe. —PE.- No. 4 91Y G JUL) 2G03 N LWIT, Inc. No. 059 15!0 S.W. CDYy fato Parmay Palm Clrv, L 34990 :IVIL ENGINEERS, LOTH PROJECT NN (& MAPPERS For RRsults, CONCEPTUAL ENGINEERING PLAN CARLTON COUNTRY ESTATES 02-0235 m:n�7L- AND P.U.D. REZONING DEVELOPMENT PLAN SHEET G1, Florida 34950 ST. LUCIE COUNTY _ _ 5-1225 020235PLR01-9.4Wq WWW.Ibfh.com Section 3.01.03 Zoning District Use Regulations C. AG-5 AGRICULTURAL - 5 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 dwelling unit per five (5) gross acres. The number in "()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Agricultural production - crops (w) b. Agricultural production - livestock & animal specialties (oz) C. Agricultural services (07) 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 (w) h. Kennels. (0752) i. Research Facilities, Noncommercial (8733) j. Riding stables. (7999) k. Single-family detached dwellings. (999) j. Telecommunication towers - subject to the standards of Section 7.10.23 (999) 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking 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. (999) b. Aircraft storage and equipment maintenance. (4581) Adopted August 1, 1990 98 Revised Through 08/01/00 Section 3.01.03 Zoning District Use Regulations C. Airports and flying, landing, and take -off fields. (4581) d. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) e. Farm products warehousing and storage. (4221/4222) f. Gasoline service stations. (ssal) g. Industrial wastewater disposal. (999) h. Manufacturing: (1) Agricultural chemicals (287) (2) Food & kindred products (20) (3) Lumber & wood products, except furniture (24) i. Mining and quarrying of nonmetallic minerals, except fuels (14) j. Retail trade: (1) Farm equipment and related accessories (999) (2) Apparel & accessory stores (ss) k. Sewage disposal subject to the requirements of Section 7.10.13 (999) I. Camps - sporting and recreational (7032) M. Off -Road Vehicle Parks, except go-cart raceway operation or rentals (7999), subject to the requirements of Section 7.10.21 (999) n. Outdoor shooting ranges, providing site plan approval is obtained according to the provisions of Sections 11.02.07 through 11.02.09 and Section 7.10.19 of this Code. 8. Accessory Uses: Accessory uses are subject to the requirements of Section 8.00.00, and include the following: f 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. (999) Adopted August 1, 1990 99 Revised Through 08/01/00 CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.00.00 GENERAL PROVISIONS 7.00.01 PURPOSE The purpose of this Chapter is to provide development design and improvement standards applicable to development activity in the unincorporated area of the County. 7.01.00 PLANNED UNIT DEVELOPMENT 7.01.01 PURPOSE The Planned Unit Development (PUD) District is intended to achieve residential land development of superior quality through the encouragement of flexibility and creativity in design options that: A. B. C. D. 7.01.02 A. permit creative approaches to the development of residential land reflecting changes in the technology of land development; allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs; allow design options that encourage an environment of stable character, compatible with surrounding land uses; and permit the enhancement of neighborhoods through the preservation of natural features, the provision of underground utilities, and the provision of recreation areas and open space. AUTHORIZED USES PERMITTED USES Any permitted, conditional or accessory use in the Agricultural-1 (AG-1); Agricultural-2.5 (AG-2.5); Agricultural-5 (AG-5); Residential/Conservation in the Agricultural-1(AG-1); Agricultural-2.5 (AG-2.5); Agricultural-5 (AG-5); Residential/Conservation (RC); Residential, Estate-1 (RE-1); Residential, Estate-2 (RE-2); .Residential, Single-Family-2 (RS-2); Residential, - Single-Family-3 (RS-3); Residential, Single-Family-4 (RS-4); Residential, Multiple-Family-5 (RM-5); Residential, Mobile Home- 5 (RMH-5); Residential, Multiple-Family-7 (RM-7); Residential, Multiple-Family-9 (RM-9); Residential, Multiple-Family-11(RM-11); and Residential, Multiple-Family-15 (RM-15) zoning districts of this Code may be permitted in a Planned Unit Development District subject to complying with the residential densities described in Section 7.01.03(B). Adopted August 1, 1990 375 Revised Through 08/01/00 Section 7.01.00 Planned Unit Development t B. NONRESIDENTIAL DEVELOPMENT USES Uses of the types permitted in the Commercial, Neighborhood (CN) District are also permitted up to an amount not to exceed three (3) percent of the gross area of the Planned Unit Development or ten (10) acres, whichever is less. In addition, playgrounds, public and non-public parks, golf courses, country clubs, bicycle paths, racquet sports facilities, riding stables, marinas, clubhouses, and lodges may be permitted in a Planned Unit Development District. 7.01.03 STANDARDS AND REQUIREMENTS Standards and requirements_for a Planned Unit Development shall be as follows: A. MINIMUM SIZE A Planned Unit Development shall be a minimum of five (5) contiguous acres of land under common ownership or control. B. DENSITY The maximum possible permitted density of a Planned Unit Development shall not exceed the density reflected in the Future Land Use Maps of the Comprehensive Plan. On North and South Hutchinson Island, the provisions of Section 3.01.03(AA)(8) shall govern. C. AREA, YARD, AND HEIGHT REQUIREMENTS Area, yard, and height requirements shall be determined at the time of Preliminary and Final Development Plan approval, except that for any structure on North or South Hutchinson Island that has not been occupied, constructed, or has not received a building permit, site plan or other County development approval as a permitted use prior to January 10, 1995 the requirements of Section 4.01.00, Hutchinson Island - Building Height Overlay Zone shall apply. D. PUBLIC FACILITIES 1. The Planned Unit Development shall be designed and located so there will be no net public cost for the provision of water lines, sewage lines, storm and surface drainage systems, and other utility systems. 2. The minimum size of all water mains used, or intended for use, in fire protection activities is six (6") inches. Actual water main requirements will be determined by the St. Lucie County - Ft. Pierce Fire Prevention Bureau. 3. The minimum size of all water mains used, or intended for use, in fire protection activities, that are located on a dead-end water main is eight (8") inches. Actual water main requirements will be determined by the St. Lucie County -Ft. Pierce Fire Prevention Bureau. Adopted August 1, 1990 376 Revised Through 08/01/00 Section 7.01.00 Planned Unit Development The maximum number of fire hydrants that may be located on any dead end water main is one (1). 4. Fire hydrants shall be provided at a minimum spacing of one every six hundred (600) feet unless otherwise approved by the St. Lucie County -Ft. Pierce Fire Prevention Bureau. E. TRAFFIC AND PEDESTRIAN CIRCULATION 1. Every dwelling unit, or other use permitted in the Planned Unit Development shall have access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. 2. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movement and minimum hazards to vehicular or pedestrian traffic. Minor streets within the Planned Unit Development shall not be connected to streets outside the development so as to encourage their use by through traffic. 3. The proposed Planned Unit Development shall be designed so that it will not create traffic congestion on the arterial and collector roads surrounding the project, or such surrounding collector or arterial roads shall be improved so that they will not be adversely affected. 4. All non-residential land uses within the Planned Unit Development shall have direct access to a collector or arterial street without creating traffic hazards or congestion on any street. 5. Streets in a Planned Unit Development may be dedicated to public use or retained under private ownership. Said streets and associated improvements shall complywith all pertinent County regulations and ordinances, however, variations to the standard minimum right-of- way widths may be considered as part of the Planned Unit Development if it is shown to the satisfaction of the Board of County Commissioners, that the requested variation is consistent with the intent of the County's roadway construction standards and necessary for the design of the Planned Unit Development. 6. All roads and streets shall intersect at an approximate ±50 angle of ninety degrees (900) unless circumstances acceptable to St. Lucie County indicate a need for a lesser angle of intersection. 7. Street jogs or centerline offsets between any local street or road with another local street or road, shall be no less than one hundred fifty feet (150). _ 8. The intersection of any two local roads or streets with a Major Collector or Arterial Roadway shall be separated by a minimum distance of six hundred sixty feet (660), as measured from centerline to centerline. 9. Permanent dead-end streets shall not exceed one thousand feet (1000) in length. Cul-de-sacs shall be provided at the end of all dead end roads or streets greater than five Adopted August 1, 1990 377 Revised Through 08/01/00 Section 7.01.00 Planned Unit Development hundred and one (501) feet in length. The length of a dead-end street shall be measured along the centerline of the street from the its point of perpendicular intersection with the centerline of intersecting street to the end of the dead-end street or roadway. All cul-de-sacs shall have a minimum right-of-way diameter of one hundred (100) feet. If the dead end roadway is five hundred (500) feet or less in length, a ' Y' or "T type of turn around may be approved. If a dead end street is temporary in nature then a temporary cul-de-sac shall be required until the roadway is connected to another street or road—.--- In the center of the cul-de-sac an unpaved island, surrounded by a curb, improved with grass and landscaping that will not interfere with sight distance, may be provided. Center islands shall have a diameter of not less than seventeen (17) feet, unless otherwise approved through the review of the Planned Unit Development. 10. All roadways, exclusive of interior parking and access aisles areas, regardless of ownership, shall be located a minimum of ten (10) feet from any exterior building walls, except for security gate houses or similar security structures located in a private street or road right-of- way. 11. Any pedestrian circulation system and its related walkways shall be insulated from the vehicular street system. This shall include, when deemed to be necessary by the Board of County Commissioners, pedestrian underpasses or overpasses in the vicinity of playgrounds and other recreation areas, local shopping areas, and other neighborhood uses which generate a considerable amount of pedestrian traffic. 12. Access points on all collector or arterial streets serving a Planned Unit Development shall be located and spaced so that traffic moving into and out of the arterial streets do not cause traffic congestion. F. PARKING AND LOADING 1. General Provisions a. The number, type, and location of parking spaces shall be determined at the time of final Planned Unit Development plan approval. The determination of the number of spaces required shall be based on Section 7.06.01(F) of this Code. The number of parking spaces required by this section may be reduced based on substantial competent evidence that the reduced number of spaces is adequate for the proposed use or that parking may be shared by proximate uses that operate at different times or on different days. b. Reserved parking spaces may be provided, in lieu of paved spaces, subject to Section 7.06.02(C) of this Code. Adopted August 1, 1990 378 Revised Through 08/01/00 G H. Section 7.01.00 Planned Unit Development 2. Off Street Parking and Loading Off-street parking and loading requirements are governed by Sections 7.06.02 and 7.06.03 of this Code, and the following standards: a. Off-street parking and loading areas shall be designed to provide travelways between adjacent uses while discouraging through traffic. b. Off-street parking and loading areas shall be screened from adjacent roads and pedestrian walkways with hedges, dense planting, or changes in grades or walls. 3. On Street Parking In Planned Unit Developments, on street parking may be used so long as the road on which the on -street parking is proposed lies entirely within the limits of the defined Planned Unit Development and such parking would not contravene any other provision of this Code or the St. Lucie County Code of Ordinances. Where such on street parking and loading is used, it shall be consistent with the following design standards: a. The minimum size of a parking stall shall be as follows: parallel angled handicapped (parallel) handicapped(angled) 8 feet X 23 feet 10 feet X 18 feet 12 feet X 23 feet 12 feet X 18 feet b. Handicapped parking spaces shall be appropriately marked. C. Access for emergency fire vehicles shall be in accordance with NFPA standards. d. No more than fifteen (15) parking spaces shall be permitted in a continuous row without being interrupted by a minimum landscape area of 360 square feet. LIGHTING All lighting facilities shall be arranged in such a manner so as to prevent direct glare -or -hazardous interference of any kind to adjoining streets or properties. LANDSCAPING AND NATURAL FEATURES Native trees and vegetation and other natural features shall be preserved to the extent practicable. 2. All sensitive environmental vegetation, trees and areas shall be preserved to the extent practicable. Adopted August 1, 1990 379 Revised Through 08/01/00 Section 7.01.00 Planned Unit Development 3. Landscaping for off-street parking and loading areas shall meet the minimum requirements of Section 7.09.00. OPEN SPACE STANDARDS 1. A minimum of thirty-five (35) percent of the gross area of land to be committed to a Planned Unit Development must be for use as common open space, which may include, parks, recreation areas, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common open space, common landscaping and planting areas, or other areas of public purposes or use other than street, road or drainage rights -of -way, above ground utilities, excluding stormwater treatment facilities, and parking areas. A minimum of 15 percent of any existing native upland habitat on the property, must be preserved in its natural condition as part of the required 35 percent common open space, For each acre of preserved native habitat above the required minimum 15 percent that is preserved in its original state, credit shall be given at a rate of 150 percent per acre towards the remaining common open space requirement. All areas to be dedicated for common open space shall be identified as part of the Preliminary Development Plan for the Planned Unit Development. Areas that are floodways, lakes, wetlands, and stormwater retention areas may be applied to satisfy the total common open space requirement, subject to the requirement that 15% of any existing native habitat on the property must be included as part of the required 35% common open space. As part of the Final Planned Unit Development submission process, the developer or petitioner for the Planned Unit Development shall provide for one of the following: a. The advance dedication of all common open space to a public, or acceptable private, agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on it. All such dedications or conveyances shall be completed prior to the issuance of any building permits, including land clearing, for any portion of the Planned Unit Development ;or, b. A phased conveyance of the land to a public or acceptable private agency that will, upon acceptance, agree to maintain the common open space and any buildings, -- - structures or improvements that have been placed on it. The schedule for the phased conveyance of any such lands to be used for common open space shall be a specific condition of approval for the Planned Unit Development. 2. No parcel of land identified for use as a park or common open space shall be less than one (1) contiguous acre; and alf such areas shall be physically part of the Planned Unit Devel- opment. 3. Areas provided or reserved to meet any other environmental preservation or protection requirements of this code or other lawful regulatory authority may be counted towards the overall common open space requirement, provided that the common open space meets the Adopted August 1, 1990 380 Revised Through 08/01/00 Section 7.01.00 Planned Unit Development requirements of this Code. J. SETBACKS FROM AGRICULTURAL LAND Planned Unit Developments adjacent to land used for agricultural purposes, or designated for agricultural use on the Future Land Use Map of the St. Lucie County Comprehensive Plan, shall provide setbacks from the agricultural land sufficient to protect the function and operation of those uses from the encroachment of Urban activities or uses. K. PHASING 1. A Planned Unit Development may be developed in more than one stage or phase. 2. If a Final Development Site Plan approved by the Board of County Commissioners is to be developed in stages or phases, each successive phase shall be constructed and developed in a reasonably continuous fashion. No more than two (2) years shall elapse between the completion of any stage or phase, and the final stage or phase shall be completed within ten (10) years of the date of Final Development Site Plan approval. Extensions of the above requirements are subject to approval by the Board of County Commissioners. Unless otherwise amended by the Board of County Commissioners through the Final Development Site Plan review process, the following sequence of development must be adhered to: One or more major recreation facilities and other major amenities, planned to serve the entire development, shall be completed or adequate security posted prior to the issuance of building or mobile home permits of more than forty (40) percent, or other percentage as determined by the Board to be appropriate based on circumstances that include the size of the project and the proposed phasing schedule, of the total number of authorized dwelling units. Recreation facilities or facilities and other amenities planned to serve one (1) phase of a multi -phased development shall be completed or appropriate security posted prior to issuance of building or mobile home permits or the recording of any final plat within that phase. No commercial facility shall be permitted prior to the completion of at least forty (40) percent of the total number of authorized dwelling units; and, C. For Planned Unit Developments to be constructed in stages or phases, the net density of an individual stage or phase may vary from the approved Final Site Plan subject to the requirements in Section 11.02.05. Adopted August 1, 1990 381 Revised Through 08/01/00 L c) d CY) ^ O 1 — COm Q G O W VJ 1..1.E . P \-S 1£IA sN� d w h l y• t 0 y f ar 'w-- {� w:1u - --- J r ON La - e In ( _..'OIOY 11019�g1"' gyp\ z O u t _-.6+�i f9oi/�61ii i cr LLJ > yl : I : ' -10M 1►70 �\ Wm � 6S O.or 07sK \ rc g I - z IVNVj / C 4- O / •� co W W O U 1— O in in S Y£ 1 S S£ 1 S 9£ 1 ,dNnoo 3380HO33>10 $ Joseph G. Miller RZ 03-004 & P U D 03-003- This pattern indicates Map prepared December 3, 2003 subject parcel ..�. W,,a, WII&V .�... N Ylonr6on pw�DY,tY mlFbgW k+w r • YpW%tlMry Omnrl. A Petition of Joseph G. Miller for a Change in Zoning from the AG-5 (Agricultural- 1 duv5 acres) Zoning District to the PUD (Planned Unit Development —Carlton Country Estates) Zoning District. L�J Conol No. 76 i I I }...) t • C � ; � � / • D A I t � r) Hn a • o s • r • • • • Q RZ 03-004 & PUD 03-003-�� G1S, This pattern indicates subject parcel 7M .W Map prepared December 3, 2003 h.Y YY. —row W nls.b. P.VotYY -W N Land Use Joseph G. Miller AG 5 Conol No. 76 i i � ! s ! A C 9 I / • ! f / r) AG ! ! 5 Q RZ 03-004 & P U D 03-003 ?//// � This pattern indicates subject parcel Map prepared December 3, 2003 VWW"" - wwnr. xr iw� waw a r x yry enao amm.t. LUnl Joseph G. Miller AG 5 Conol No. 76 i > I I I 1 1 • _. 55 1 A ! n° C 4 l 1 2 J : � r) Y • p ! 1 i i D 1 AG 7 5 Q RZ 03-004 & P U D 03-003 r////This pattern indicates /// subject parcel CIS,�.�. Map prepared December 3, 2003 ,I bh ban ca pR"*— o* N Vkft w" ~P- b— nrae ro gw10� •r maM .W m Ylamtlbn P-I* U. W Mn0,0 law r • wg* w kv tlmn . AGENDA - PLANNING & ZONING COMMISSION December 18, 2003 7.00 P.M. JOSEPH G. MILLER, has petitioned St. Lucie County for a Change in Zoning from the AG- 5 (Agricultural - 1 dul5 acres) Zoning District —to —the PUD (Planned Unit Development - Carlton Country Estates) Zoning District for the following described property: Location: East side of Ideal Holding Road, approximately .75 mile south of Okeechobee 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 parry to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance -of -the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners December 3, 2003. Legal notice was published in The News and The Tribune, newspapers of general circulation in St. Lucie County, on December 5, 2003. File No. RZ-03-004 / PUD-03-003 BOARD OF COUNTY COMMISSIONERS December 5, 2003 COMMUNITY DEVELOPMENT DIRECTOR In accordance with the St. Lucie County Land Development Code, you are hereby advised that Joseph G. Miller has petitioned St. Lucie County for a Change in Zoning from the AG-5 (Agricultural - 1 du/ 5 acres) Zoning District to the PUD (Planned Unit Development — Carlton Country Estates) Zoning District for the following described property: Location: East side of Ideal Holding Road, approximately .75 mile south of Okeechobee 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 December 18, 2003, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. Written comments to the Planning and Zoning Commission should be received by the County Planning Division at least 3 days prior to a scheduled hearing. County policy discourages communication with individual Planning and Zoning Commission and County Commission on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the Planning and Zoning Commission are electronically recorded. If a person decides to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462- 1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above -described parcel, please forward this notice to the new owner. Please call (772) 462-1585 if you have any questions, and refer to: File Number RZ-03-004/PUD-03-003. Sincerely, 5 . t. U_ CIE COUNTY PLANNING AND ZONING COMMISSION Ed Merritt, Chairman JOHN D. BRUHN, District No. 1 • DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 • FRANNIE HUTCHINSON, District No. 4 • CLIFF BARNES, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue • Fort Pierce, FL 34982-5652 Administration: (772) 462-1590 • Planning: (772) 462-2822 • GISlfechnical Services: (772) 462-1553 Economic Development: (772) 462-1550 Fax: (772) 462-1581 Tourist/Convention: (772) 462-1529 • Fox: (772) 462-2132 www.co.st-lucie.fl.us ING COMIMIBS a ► PUBLIC NEARING AGENDA F Dseember 18, 20D3 OTO WHOM IT MAY C - NOTICE -is hereby. given in accordance with Sec tion 11.00.03 of the St. Lucie County Lend De. : vel ant Code and In aaordance with the pro. vision$ of the St Lucie ( County Comprehensive Plan, that the following appltaats have request- ed that the St. Lucie County Board of Com- missioners consider their following requests: JOSEPH-G. MILLER, for a Change in Zoning from .the AG-5 (Agricultural 1 du/.5 acres) Zoning District to the PUD (Planned Unit Develop- . Trent - Carlton Country Estates) Zoning District for the following de- scribed property:. IDEAL HOLDING ROAD ocation:East side of Ideal Holding Road, ap- proximatelyy 0.75 mile South of Okeschobee Road. 'ALMS AND OTTROPICALI TREES DEP, INC., for a Change in Zoning from the AG-1 IAgricu- tlural - 1 dulacre) Zoning Tor the rouowmg as - scribed property: 23639N1/20FNE114 OF BE 1/4 - LESS E 39 FT FOR RD AND CANAL RS/W - (20.41 AC) (OR 336.2782) Location :Wect side of . Kings Higghway, approxi- mately -1700 feet north I of the Intersection of ( Kinge Highway and 1-95, Immsouth ofIF ediately Kraft Gardena. PUBLIC HEARINGS will_ St. Lucie County Ada istration Building, 2: Virginia Avenue, F Pierce, Florida on I amber 18, 2003, bet nine at 7:00 P.M. or soon thereafter as po ble. utes, if a person decides to appeal any decision made by a board, agen- oy, or commission with respect to any matter considered at a meeting or hearing, he will need a record of the proceed- ing$, and that, for such purposes, he may need to ensure that a verba- tim record of the pro- ceedings is made, which r record Includes the testi- mony and evidence t upon which the appeal is to be based. ,LOCAL PLANNING AGENCY/ PLANNING i AND ZONING COMMIS- SION ST. LUCIE COUNTY, Publish: Deco -2003. VIN 0�0•�h '�t V1--+ d' d'�d' •tea' N N N{N N-NAM In V1O D\'N N � N [�:N N cn v1 V1V� O t-, f+1 N ; N t} _ -4 � . V1 •"t ' \p � •"� e} ; M cM en cn M i M M cf"M•M M M M;M'MiN,M'p'i M M1V� knikn;tn!W)fV1 MjM r- 00 00 00 00 00 r- 00 O 00• 100100 00;00; 00 00 joo Rr O� ; C� ON O� O p\ dim d d "t oo;� N; M M:M_ MM MM M,MM: M M (+1!M M;M1 M N i, ifN i ~ N G 0' N U N: N N U N o N N o 4.1-- 4)1 or of "a; N .p U U- p U U U- U (j U U. U U U: U U U- cdj U s a O, : r) a., a., 13,1 a. a 1�f a4 a a , ait a, :: a a a U ,fir 0 0; o o o -"` o o 0 0 0 0 0 0, 0 if I� o� w,w a w,w.w_w,w ¢�w wwiw w;ww;w;xlw 'b b vb bb n a 10.1 .CJ N ►�" .�" CL bq; , N N N E. N E. wi48 yyy �p;PO till O;O:oo G� O 1 N:o O 6y l_O�; NrN {;V6]+1.lr 0in0;0n0_r.--� ,0�D!;0�o1,r..-•,; NN-r-N NN:r--N 000\,tl- ,NN- N',N N;N1•--��•-+ i tn , S^q O cd z i i 3 o �+ • i M a 0 a' x 4)� ° ! 00 8 `� cd v, N "d rn , z ¢ v w!c7 x!x aw if if I ;eat °CIS .'�, if b O �, A i N p ❑ A. 1 1 E it 0 o ;3 °q` 4! a t I� A N ',' o0 ; o0 — » { o0 I o0 : a y 8 �~-i � -4 ,in�M M CK1 M � , oo 0000 0000 Cl) I M M M U p � C t t: t r° ., u° M� W Ai31 10-11I il 1 ; I W q!ggq{ �b U UiU!=U,Ul ILA o .:: 3i313I31 a; 8 y 4 a;a a1.,= .a a z{zz;zla a�xla n;8100oo 3s'sj� n � Cl) M hiMrM±�-+ ••I ' r1 : rl i rl 14 N;N N 7 _i N M. ,-1 00 r- v1 M ss��s�ss 00 ' 00 •-+ 00 N 00 00 Sr. PLANNING & ZONING COMMISSION REVIEW: 12/18/03 COMMUNITY DEVELOPMENT DEPARTMENT (Planning Division) MEMORANDUM TO: Planning and Zoning Commission FROM: Planning Manager 10L DATE: December 11, 2002 SUBJECT: Application of Palms & Tropical Trees Depot, Inc., for a change in zoning from the AG-1 (Agricultural — 1 du/acre) zoning district to the IL (Industrial Light) zoning district. (File No.: RZ-03-044) LOCATION: On the west side of Kings Highway, approximately 2,500 feet south of Angle Road, directly south of the Kraft Garden Nursery. EXISTING ZONING: AG-1 (Agricultural - 1 du/acre) PROPOSED ZONING: IL (Industrial Light) FUTURE LAND USE: IND (Industrial) PARCEL SIZE: 20.41 acres PROPOSED USE: The purpose of the requested change in zoning is to allow the development of an industrial park development. PERMITTED USES: Section 3.01.03(T), IL (Industrial Light) identifies the designated uses which are permitted by right, permitted as an accessory use, or permittedlbrough the conditional use process in the IL (Industrial Light) Zoning District. Any use designated as a "Conditional Use" is required to undergo further review and approval. Any use not identified in the zoning district regulations is considered to be a prohibited use in that district (see Attachment "A"). SURROUNDING ZONING: AG-1 (Agricultural — 1 du/acre) zoning district surrounds the petitioned property to the north, east and west; IL (Industrial Light) to the south and IX (Industral Extraction) to the southwest. SURROUNDING LAND USES: The property to the north is an active plant nursery (Kraft Gardens), to the south is a proposed industrial park (Kings November 11, 2003 Subject: Palms & Tropical Tree Depot, Inc. Page 2 File No.: RZ-03-044 Crossings); to the east and west is pasture land. The property located to the north, south and east are designated with an IND (Industrial) future land use designations, properties located to the west are designated with a RS (Residential Suburban) future land use designation. FIRE/EMS PROTECTION: Station #4 (2850 Aviation Way) is located approximately 2- miles to the northeast. UTILITY SERVICE: The subject property is located within the FPUA service delivery area. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: See Comments SCHEDULED IMPROVEMENTS: See Comments 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; The applicant is requesting a change in zoning from the AG-1 (Agricultural — 1 du/acre) zoning district to the IL (Industrial Light) Zoning District. The area in which the subject property is located is currently vacant land with natural vegetation which has been impacted by exotic species. The stated purpose of this change in zoning is to allow for the development of a t 21-acre industrial park. The subject property is adjacent to North Kings Highway, which is a state owned North/South Arterial roadway. The IL (Industrial Light) Zoning District has been determined to be an acceptable zoning district as the existing future land use designation is IND (Industrial) November 11, 2003 Subject: Palms & Tropical Tree Depot, Inc. Page 3 File No.: RZ-03-044 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; Table 1.6 of the Future Land Use Element, Data and Analysis, indicates those zoning classifications allowed under the IND (Industrial) Future Land Use Designation. According to this table, the IL (Industrial Light) Zoning District is considered to be acceptable within the areas designated with a Future Land Use Classification of IND (Industrial). 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 to the north, south and east are designated with an IND (Industrial) future land use designation; the properties to the west are designated with a RS (Residential Suburban) future land use designation. The property located to the north is being utilized as a commercial nursery, the property located to the south is currently being developed as an industrial park, the property to the east is pasture land and the property to the west is pasture land and mining. The permitted uses in the IL (Industrial Light) Zoning District are not expected to unduly impact the surrounding area or uses. 4. Whether there have been changed conditions that require an amendment; Conditions have changed so as to require an amendment. On October 21, 2003, the Board of County Commissioners approved a rezoning application for the property located to the east from the AG-1 (Agricultural 1 du/acre) zoning district to the IL (Industrial Light) zoning district. As the Kings Highway corridor develops, the County will experience pressure to allow more intense uses adjacent to the roadway corridor. The applicant's request would continue the more intense industrial development adjacent to Kings Highway. 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. The State of Florida Department of Transportation is currently resurfacing the King's Highway roadway from Okeechobee Road north to Angle Road. The FDOT has completed the resurfacing of the roadway in the vicinity of the proposed site. The existing right-of-way for South Kings Highway, adjacent to the subject property is 50 feet in width. According to Section 7.04.04 of the St. Lucie County Land Development Code, the ultimate right-of-way for North Kings Highway from Orange Avenue north to St. Lucie Boulevard is 130 feet. Based upon this, November 11, 2003 Page 4 Subject: Palms & Tropical Tree Depot, Inc. File No.: RZ-03-044 at the time of site plan approval for the subject property additional right-of-way may be required to be dedicated to the County for the widening of Kings Highway. According to the most recent FDOT plans for the widening of Kings Highway, the majority of the roadway improvements and right-of-way widening will occur on the west side of Kings Highway. At the time of development, a review of the available public facility capacity will be completed. All impacts will be assessed for the development at that time. The FPUA has the proposed area designated within its service delivery area. Prior to obtaining site plan approval, the developer will be required to illustrate that sufficient capacity is available to meet the demands/needs of any development proposed for the site. 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 existing use of the property is vacant vegetated land, that has been impacted by exotic vegetation. The applicant/property owner will be required to comply with all federal, state, and local environmental regulations as part of any submitted development plans for the site. 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 for the subject property. The subject property has been designated for industrial uses within the St. Lucie County Future Land Use Map. 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 change in zoning for the subject property 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, Palms & Tropical Trees Depot, Inc., has requested this change in zoning from the AG-1 (Agricultural — 1 du/acre) zoning district to the IND (Industrial) Zoning District in order to develop a ±21-acre parcel of land as an industrial park, for property located on the west side of North Kings Highway, approximately 2,500 feet south of Angle Road (immediately south of the Kraft Garden Plant Nursery). The indicated purpose of this change in zoning is to allow for the submission of an application for site plan review for an industrial project. The subject November 11, 2003 Subject: Palms &Tropical Tree Depot, Inc. Page 5 File No.: RZ-03-044 property is in an area designated within the Comprehensive Plan as being compatible with or for the IL (Industrial Light) Zoning District. Attached is a copy of Section 3.01.03(T) — IL (Industrial Light), of the St. Lucie County Land Development Code, which delineates the permitted, accessory and conditional uses allowed in the IL (Industrial Light) Zoning District. If the change in zoning request 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 exists 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 the proposed petition 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 of the petitioner's request for a change in zoning from the AG-1 (Agricultural 1 du/acre) zoning district to the IL (Industrial Light) zoning district. Please contact this office if you have any questions on this matter. DPK/cs cc: Abraham Zafrani, Palms & Tropical Tree Depot, Inc. File H:\wp\rezoning\Palms and Tropical Trees Depot\stfrpt.wpd November 11, 2003 Page 6 Subject: Palms & Tropical Tree Depot, Inc. File No.: RZ-03-044 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 ABRAHAM ZAFRANI, PALMS AND TROPICAL TREES DEPOT, INC., FOR A CHANGE IN ZONING FROM THE AG-1 (AGRICULTURAL — 1 DU/ACRE) ZONING DISTRICT TO THE IL (INDUSTRIAL LIGHT) 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 ABRAHAM ZAFRANI, PALMS AND TROPICAL TREES DEPOT, INC., FOR A CHANGE IN ZONING FROM THE AG-1 (AGRICULTURAL — 1 DU/ACRE) ZONING DISTRICT TO THE IL (INDUSTRIAL LIGHT) ZONING DISTRICT, BECAUSE.... [CITE REASON[S] WHY - PLEASE BE SPECIFIC]. Section 3.01.03 Zoning District Use Regulations 3.01.03 ZONING DISTRICTS A. AG-1 AGRICULTURAL - 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(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses a. Agricultural production - crops (o,) b. Agricultural production - livestock & animal specialties (02) C. Agricultural services (07) 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 (o9) g. Forestry (m) h. Kennels. (0752) i. Research Facilities, Noncommercial (8733) j. Riding stables. (7999) 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. (999) Adopted August 1, 1990 94 Revised Through 08/01/00 3 Section 3.01.03 Zoning District Use Regulations b. Aircra.z storage and equipment maintenance. (4591) C. Airports and flying, landing, and takeoff fields. (4581) d. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) e. Farm products warehousing and storage. (4221/4222) f. Gasoline service stations. (5541) g. Industrial wastewater disposal. (999) h. Manufacturing: (1) Agricultural chemicals (287) (2) Food & kindred products (20) (3) Lumber & wood products, except furniture (24) i. Mining and quarrying of nonmetalic minerals, except fuels. (14) j. Retail trade: (1) Farm equipment and related accessories. (999) (2) Apparel & accessory stores. (56) k. Sewage disposal subject to the requirements of Section 7.10.13. (999) I. Telecommunication Towers - subject to the standards of Section 7.10.23 (999) M. Camps - sporting and recreational. (7032) Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, 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. (999) Adopted August 1, 1990 95 Revised Through 08/01/00 Section 3.01.03 Zoning District Use Regulations T. IL INDUSTRIAL, LIGHT Purpose The purpose of this district is to provide and protect an environment suitable for light manufacturing, wholesale, and warehousing activities that do not impose undesirable noise, vibration, odor, dust, or other offensive effects on the surrounding are, together with such other uses as may be necessary to and compatible with light industrial surroundings. The number in "()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Business services (73) b. Communications - including telecommunication towers - subject to the standards of Section 7.10.23 (48) C. Construction services: (1) Building construction - general contractors (15) (2) Other construction - general contractors (t6) (3) Construction - special trade contractors (17) d. Engineering, architectural and surveying services (971) e. Commercial fishing (m) f. Laundry, cleaning & garment services (721) g. Local & suburban transit (41) h. Manufacturing: (1) Food and kindred products (20) (2) Tobacco products (21) (3) Textile mill products (22) (4) Apparel & other finished products (23) (5) Furniture & fixtures (25) (6) Printing, publishing and allied industries (27) (7) Drugs (283) (8) Leather & leather products (31) (9) Glass: (a) Flat glass (321) (b) Glass & glassware - pressed or blown (322) (c) Glass products - made of purchased glass (323) (10) Fabricated metal prod. - except machinery & transport. equip.: (a) Metal cans & shipping containers (341) (b) Cutlery, handtools & general hardware (342) (c) Heating equipment, except electric and warm air, and plumbing fixtures (343) (d) Fabricated structural metal products (344) (e) Coating, engraving & allied services (347) (f) Miscellaneous fabricated metal products - (1) Wire products (349s) . (2) Misc. fabricated wire products (3496) (3) Metal foil & leaf (3497) (4) Fabricated metal products - NEC (3499) (11) Industrial/commercial machinery & computer equipment: (a) Metalworking machinery & equipment (354) Adopted August 1, 1990 121 Revised Through O8/01/00 Section 3.01.03 Zoning District Use Regulations (b) Special industry machinery, except metalworking machinery (355) (c) General industrial machinery & equipment (356) (d) Computers & office equipment (357) (12) Electronic & other electrical equipment and components, except computer equipment: (a) Household appliances (363) (b) Electric lighting & wiring equipment (384) (c) Household audio & video equipment (365) (d) Communications equipment (388) (e) Electronic components & accessories (367) (f) Misc. electrical machinery equipment & supplies (369) (13) Measuring, analyzing and controlling instruments (38) (14) Photographic, medical and optical_ goods (38) (15) Watches & clocks (38) (16) Misc. manufacturing industries: (a) Jewelry, silverware, and platedware. (391) (b) Musical instruments and parts. (393) (c) Dolls, toys, games & sporting goods (394) (d) Pens, pencils, & other office & artists' materials. (395) (e) Costume jewelry, costume novelties, and notions. (396) (f) Brooms and brushes. (3991) (g) Signs and advertising displays. (3993) (h) Morticians goods. (3995) (i) Manufacturing industries, NEC. (3999) ( (17) Plastic products - fabrication, molding, cutting, extrusion, and injection processing. (308) i. Marinas (4493) j. Millwork and structural wood members. (243) k. Motion pictures (78) I. Motor freight transportation & warehousing. (42) M. Repair services: (1) Automotive & automotive parking (75) (2) Electrical (762) (3) Watch, clock & jewelry repair (763) (4) Reupholstery & furniture repair (7e4) (5) Misc. repairs & services (7eg) n. Retail trade: (1) Lumber & other building materials (521) (2) Paint, glass & wallpaper (523) (3) Hardware (525) (4) Nurseries, lawn & garden supplies (526) (5) Mobile home dealers (527) (6) Automotive/boat/RV/motorcycle dealers (ss) (7) Gasoline service (95) (8) Furniture & furnishings (57) L o. Research, development, and testing services. (873) P. Ship, boat building & repairing - less than forty-five (45) ft. (373) q. Sorting, grading & packaging services - citrus/vegetables (0723) r. Vocational Schools (824) S. Wholesale trade - durable goods: Adopted August 1, 1990 122 Revised Through 08/01/00 Section 3.01.03 Zoning District Use Regulations (1) Motor vehicle and automotive equipment. (501) (2) Furniture and home fumishings.(502) (3) Lumber and other building materials. (503) (4) Professional & commercial equipment/supplies. (504) (5) Metals & minerals except petroleum. (505) (6) Electrical goods. (so6) (7) Hardware, plumbing and heating equipment, and supplies. (507) (8) Machinery, equipment, and supplies. (5os) (9) Misc. durable goods: (a) Sporting and recreational goods (5m) (b) Toys & hobby goods (sow) (c) Jewelry, watches, precious stones & metals. (5o94) (d) Durable goods NEC (so99) t. Wholesale trade - nondurable goods: (1) Paper and paper products. (511) (2) Drugs (512) (3) Dry goods and apparel. (513) (4) Groceries and related products. (510) (5) Farm products - raw materials. (515) (6) Chemicals, and allied products. (516) (7) Beer, wine, and distilled alcoholic beverages. (518) (8) Misc. nondurable goods: (a) Farm supplies (5191) (b) Books, periodicals & newspapers (5192) (c) Flowers, nursery stock & florists' supplies (5193) (d) Tobacco/tobacco products (5194) (e) Paints, varnishes & supplies (s19e) (f) Nondurable goods, NEC (5199) U. Mobile food vendors (999) V. Single family detached dwelling units provided that the single family dwelling unit is located on an existing lot or parcel or record, as further defined in this code, that was existing on or before August 1, 1990. (999) 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. 5. Offstreet Parking and Loading Requirements Offstreet 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 123 Revised Through 08/01/00 Section 3.01.03 Zoning District Use Regulations 7. Conditional Uses a. Airports, landing and takeoff fields - general aviation (4581) b. Manufacturing: (1) Cut stone and stone products. (328) (2) Motorcycles, bicycles, and parts. (375) (3) Wood containers, wood buildings and mobile homes. (244/245) C. Ship, boat building & repairing (excluding ship or boat salvaging) - Forty-five (45) to one - hundred fifty (150) ft (373) d. Wholesale: (1) Petroleum bulk stations and terminals. e. Scrap and waste materials - subject to the provisions of Section 7.10.12.A. 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00 and include the following: a. Co -generation facilities. (999) b. Fueling facilities. (999) C. Industrial wastewater disposal. (999) d. One detached single-family dwelling or mobile home for on -site security purposes per property. (999) e. Retail trade accessory to the primary manufacturing or wholesaling use. (999) Adopted August 1, 1990 124 Revised Through 08/01/00 U) Z N co i .o Q ,o '-O N o W_ V / L cz - � y. r u 1 >i y W Is HISC Oak- 9 u QI +� - �f- - "ara-awo 0000;7 dl ui ri \\\j\ r T v � Pl Z ovo-M—w --- a.a soors.�C a auo,a i.iu } \ oC ------- a -- on--- .. � o.R r. . \ m Z - Z I 1 VN / Y W / W N / A in rc � r 1 i S ►t 1 S St 1 S st 1 /dNnoo 3380HO33NO o� A Petition of Palms & Tropical Trees Depot, Inc. for a Rezoning from AG-1 (Agricultural, lduiacre) to IL (Industrial, Light). RZ 03-044 This pattern indicates subject parcel Map prepared November 14, 2003 Ns map hm wan omipW tv pawWpwrisp and relwn p+poou 0*- T Whaenwamy ~hu wan made to pmvkls ft rt.w—f"and —*- ll� Malm poude, s Is not kftr&W Im m as a WQ* �'q d—W. Palms & Tropical Trees Depot. Inc. RZ 03-044 ////AThis pattern indicates subject parcel GIs Map prepared November 14, 2003 V&We may ~hn been made to aOV& Ns maa O-W na —11 Hanwdm P.. b., it* na edaWed W— M. WgW b"V doa.naa. N Land Use Palms & Tropical Trees Depot, D RS RZ 03-044 �//This pattern indicates —/A subject parcel Inc. GIS r Map prepared November 14, 2003 11* mW hn been o..pW 1oQ—Wp6-Vg rM tetet— pupo oNy. WhW -y ~br been n"W to Vwida the mwi anent WW tmrtle IM YnWWn Po.WM. X4 not Wmd-d to,— a. Wo* b4t&q deanllni. Palms & Tropical Trees Depot, Inc. RZ 03-044 This pattern indicates subject parcel JF Map prepared November 14, 2003 VA,,." 6IN11 h.Eaii . 10 �. ft —W Q .d W .pL w Wa ,Wm P...bl.•fl1. W Wwftd farm a ■ Wg* Witt Wax" AGENDA - PLANNING & ZONING COMMISSION December 18, 2003 7.00 P.M. PALMS AND TROPICAL TREES DEPOT, INC., has petitioned St. Lucie County for a Change in Zoning from the AG-1 (Agricultural - I du/acre) Zoning District to the IL Industrial, Light) Zoning District for the following described property: Location: West side of Kings Highway, approximately 1700 feet north of the intersection of Kings Highway and I-95, immediately south of Kraft Gardens. 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 December 3, 2003. Legal notice was published in The News and The Tribune, newspapers of general circulation in St. Lucie County, on December 5, 2003. File No. RZ-03-044 BOARD OF COUNTY COMMISSIONERS December 3, 2003 COCa'NT:Y COMMUNITY DEVELOPMENT DIRECTOR In accordance with the St. Lucie County Land Development Code, you are hereby advised that PALMS AND TROPICAL TREES DEPOT, INC., has petitioned St. Lucie County for a Change in Zoning from the AG-1 (Agricultural - 1 du/acre) Zoning District to .the IL (Industrial, Light) Zoning District for the following described property: Location: West side of Kings Highway, approximately 1700 feet north of the intersection of Kings Highway and I-95, immediately south of Kraft Gardens. 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 December 18, 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 a date -certain. Anyone with a disability requiring accommodation -to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462- 1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above -described parcel, please forward this notice to the new owner. Please call 7721462-1960 if you have any questions, and refer to: File Number RZ-03-044. Sincerely, ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION JOHN D. 13RU90 I ttNti. `Y'+aiBWPOWARD, District No. 2 • PAULA A. LEWIS, District No. 3 • FRANNIE HUTCHINSON, District No. 4 • CLIFF BARNE5, 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/fechnical 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 PLANNING ANDZON- ING COMMISSION r PUBLIC HEARING T AGENDA t- 'n December 10, 2W3 j TO WHOM IT MAY CON- CERN: — NOTICE is hereby given in accordance with Sec- tion 11.00.03 of the St. Lucie County Land De- velopment Code and in accordance with the pro- visions of the St. Lucie i County Comprehensive Plan, that the following applicants have request- ed that the St. Lucie County Board of Com- missioners consider their following requests: JOSEPH-G. MILLER, for a Change in Zoning from the AG•5 (Agricultural - 1 dul 5 acres) Zonin District to the Pug (Planned Unit Develop - men, • Carlton Country Estates) Zoning District for the following de- scribed property: BEING THE SOUTH WEST 1/4 OF SECTION 11, TOWNSHIP 36 RIGHT-OF-WAY 1 IDEAL HOLDING ROAD. Location:East side Ideal Holding Rood, i proximately 0.75 m south of Okeechob Road. a Change in Zoni from the AG-1 IAgrl Itural - 1 du/scral Zor District to the IL (Indu W. Light) Zoning Die for the following scribed property: 35 39 N 112 OF NE OF SE 114 - LESS E 3S FOR RD AND CAN RS/W - (20.41 AC) 1 336.2782) ocatton:West side PUBLIC HEARINGS will be held in the Commis. - sion Chambers, Roger Ponies Annex, 3rd Floor, St. Lucie County Admin- istration Building, 2300 Virginia Avenue, Fort Pierce, Florida on De- cember 16, 2003, begin- ning at 7:00 P.M. or as soon thereafter as possi• ble. PURSUANT TO Section 286.0105, Florida Stat- utes, if a person decides to appeal any decision made by a board, agen- cy, or commission with respect to any matter considered at a meeting or hearing, he will need a record of the proceed- ings, and that, for such r purposes, he may need to ensure that a verba- tim record of the pro- ceedings is made, which r record Includes the testi• f mony and evidence t upon which the appeal is to be based. It•LOCAL PLANNING AGENCY/PLANNING AND ZONING COMMIS-1 ST. LUCIE COUNTY FLORIDA 1S/ Ed Merritt, Chairman Publish: December 6 14030034 003 L O r NOTICE OF INTENT TO USE UNIFORM CS i Co, i COMMUNITY DEVELOPMENT DEPARTMENT (Administration) MEMORANDUM TO: Planning and Zoning Commission/ Local Planning Agency FROM: Community Development Director DATE: December 11, 2003 SUBJECT: Consider Draft Ordinance 04-001, Amending the St. Lucie County Land Development Code By Creating Section 10.01.10, Administrative Variances To Any Required Dimensional Requirement of this Code To Accomplish the C?eala' Objectives and Policies of the Comprehensive Plan And This Code Attached is a copy of Draft Ordinance 04-001 which would propose to create a new section in our Land Development Code whereby additional authority to grant administrative variances would be given to the Community Development Director when owing to special conditions, the literal enforcement of the dimensional provisions of this Code would impose a condition whereby greater harm to the existing natural environment would be caused than might otherwise be achieved through the granting of limited relief from any such minimum dimension standard, subject to the standards and procedures set forth in this section. In short, thes amendments allow the County to grant relief from our various setbacks when it can be demonstrated that doing so would provide for less environmental damage than if the rule in question were strictly applied. It is the belief of the County that by creating a process where flexibility can be applied, we will wind up with better projects and impacts on the natural system will be minimized. It needs to bel noted that in establishing this process, the Community Development Director is required to receive comment and recommendations from the following other Departments before any final decision is rendered; Public Works Director, County Engineer, Building Official, Fire Marshal, Environmental Resource Manager and any other appropriate County or State official relevant to the review of the application ai fiand. The maximum administrative variance that may be granted is 50% of the minimum requirements. Anything requested that is greater than this must be reviewed by either the Board of Adjustment or the Board of County Commissioners, as may otherwise be required. i Staff recommends that you forward this matter to the Board of County Commissioners with a recommendation of approval. If you have any questions, please let us know. DJM/ OR_04-001_MEM01(h) cc: County Attorney Planning Manager ORDINANCE NO. 04-001 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY CREATING SECTION 10.01.10, ADMINISTRATIVE VARIANCES TO ANY REQUIRED DIMENSIONAL REQUIREMENT OF THIS CODE TO ACCOMPLISH THE GOALS, OBJECTIVES AND POLICIES OF THE COMPREHENSIVE PLAN AND THIS CODE; PROVIDING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE- DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION '; :; bourd of County Commissioners of St. Lucie County, Florida, has made the following determination: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances 91-003 - March 14, 1991 91-009 - May 14, 1991 91-021 - November 7, 1991 92-017 - June 2, 1992 93-001- February 16, 1993 93-003 - February 16, 1993 93-005 - May 25, 1993 93-006 - May 25, 1993 93-007 - May 25, 1993 94-007 - June 22, 1994 94-018 - August 16,1994 94-021- August 16,1994 95-001 - January 10, 1995 -----96-010 - August 6,1996 97-001 - March 4, 1997 97-009 - October 7, 1997 97-003 - September 2, 1997 99-001- February 2, 1999 99-002 - April 6,1999 99-03 - August 17,1999 99-004 - August 17, 1999 99-005 - July 20, 1999 Underline is for addition Sfrfke Thmugh is for deletion Ordinance #04-001a Page 1 Draft #1 PRINT DATE: 12/06/03 99-015 - July 20,1999 99-016 - July 02,1999 99-017 - September 7,1999 99-018 - November 2, 1999 00-010 - June 13, 2000 00-011 - June 13, 2000 00-012 - June 13, 2000 00-013 - June 13, 2000 01-003 - December 18, 2001 02-005 - June 24, 2002 02-009 - March 5, 2002 02-020 - October 15, 2002 02-029 - October 15, 2002 03-005 - October 7, 2003 3. On December 18, 2003, the Local Planning Agency/ Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 10 --days prior to the hearing and recommended that the proposed ordinance be approved. 4. On January 6, 2004, this Board held its f irst public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on December 26, 2003. 5. On January20, 2004, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on January 9, 2004. 6. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: -- PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO READ AS FOLLOWS, INCLUDE: Underline is for addition StAke Through is for deletion Ordinance #04-001a Page 2 Draft #1 PRINT DATE:12105f03 CHAPTER X 10.00.00 HARDSHIP RELIEF 10.01.10 ADMINISTRATIVE VARIANCES TO ANY REQUIRED DIMENSIONAL REQUIREMENT OF THIS CODE A. GENERAL 1. PURPOSE r-- / The purpose of this section is to provide a mechanism when, owing to special conditions, the literal enforcement of the dimensional provisions of this Code would impose a condition whereby_ greater harm to the existing natural environment would be caused than might otherwise be achieved through the granting of limited relief from any such minimum dimensional standard, sub ject to the standards and procedures set forth in this section 2. AUTHORITY Except as provided for in Section 10.00.00, the Community Development Director may grant administrative variances from the dimensional requirements of this Code, in accordance with the standards and procedures set forth in this section, where any such administrative variance is determined through specific findings of fact to be necessary to accomplish the identified Goals, Objectives and Policies of the County's Comprehensive Plan and this Code. 3. INITIATION A written petition for a administrative variance is to be initiated by the owner of, or any person having contractual interest in, the property for which relief is sought. Underline is for addition S#ike Through is for deletion Ordinance #04-001 a Page 3 Draft #1 PRINT DATE: 12t05/03 B. LIMITATIONS ON THE GRANTING OF ADMINISTRATIVE VARIANCES 1. Administrative variances shall not be granted that would: a. Grant relief in excess of 50.01% of the minimum cited dimensional standard. b. Permit the use of land or a structure contrary to the use provisions of Section 3.01.00; C. Permit a variance from the provisions of Section 4.01.00 that would authorize any building to have a height in excess of one hundred and twenty (120%) percent of the maximum permitted by the particular zone in which it is located or to be in excess of one hundred and twenty five (125) feet, whichever is less. 2. No administrative variance from the any dimensional requirement of this code, other than those administrative variances granted for or in conjunction with a Final Development Order as described under Section 11.02.00, shall be valid for a period longer than twelve (12) months unless a building permit is issued. An administrative variance issued for, or in, conjunction with a Final Development Order as described under Section 11.02.00 shall expire upon the termination of that Final Development Order unless the Final Development Order is extended or otherwise determined to be compliant with the provisions of this Code. C. STANDARDS FOR GRANTING ADMINISTRATIVE VARIANCES The Community Development Director shall not grant an administrative variance unless, in each case, he makes specific findings of fact based directly upon the particular evidence presented, supported through written conclusions that: 1_ The variance requested arises from a condition that is unique and peculiar to the land, structures and buildings involved; that the particular physical surroundings, the shape, or topographical condition of the specific property involved, would result in greater harm to the existing natural environment, if Underline is for addition Stfike T#fedggh is for deletion Ordinance #04-001 a Page 4 Draft #1 PRINT DATE: 12/05/03 the provisions of this Code are literally enforced; that it is a condition that is not ordinarily found in the same zoning district, and the condition is created by the regulations of this Code; 2. The granting of the variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, flooding, create a hazard to air navigation, endanger the public safety, or substantially diminish or impair property values within the neighborhood; 3. The variance granted is the minimum reasonable variance -that will make possible the reasonable use of the land, building or structures; and 4. The variance desired will not be opposed to the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan. D. PROCEDURES FOR APPLICATION 1. APPLICATION An application for an administrative variance shall be filed with the Community Development Director, accompanied by a non-refundable fee, as established from time to time by the Board of County Commissioners to defray the actual cost of processing the application. The application shall be in such form and shall contain such information and documentation as shall be prescribed from time to time by the Director and shall contain at least the following: a. Name and address of applicant; b. Legal description, street address, and lot number and subdivision name, if any, of the property which is the subject of the application; C. The size of the subject property; Underline is for addition StFike Through is for deletion Ordinance #04-001 a Page 5 Draft #1 PRINT DATE: 12/05/03 d. The variance sought and the Section of this Code from which a variance is requested; e. The purpose for the requested variance and a statement of the intended development of property if the variance is granted; f. A statement of the potential harm to the natural environment that would occur by a literal application of this Code; a statement setting forth reasons why this condition is unique to the applicant, a statement of why the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located; a statement of why the variance will not -increase traffic, the danger of fire, or impair property values in the neighborhood; a statement of why the proposed variance is the minimum variance that will make possible a reasonable use of the land, building, and structures; and a statement explaining how the proposed variance is consistent with the general spirit and intent of this Code and the St. Lucie County Comprehensive Plan. g: If the variance is sought to erect or increase the height of any structure, to permit the growth of any tree, or to use property in the Airport Zones established in Section 4.00.00,the application shall be accompanied by a written determination from the Federal Aviation Administration (FAA Form 7460) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. 2. FILING AN APPLICATION FOR APPROVAL OF AN ADMINISTRATIVE VARIANCE Within twenty (20) des after an application for approval of a variance is submitted, the Community Development Director shall determine whether the application is complete. If the Director determines that the application is not complete, he shall send a written statement specifying the application's deficiencies to the applicant by mail. The Director shall take no further action on the application unless the deficiencies are remedied. 3. REVIEW OF THE APPLICATION Underline is for addition Strike Through is for deletion Ordinance #04-001 a Page 6 Draft #1 PRINT DATE: 12/05/03 a. Review by the Community Development Director i_ When the Community Development Director determines an application for approval of a variance is complete, he shall submit a copy of the requested administrative variance to the Public Works Director, County Engineer, Building Official, Fire Marshal, Environmental Resource Manager and any other appropriate County or State official for review, comment and recommendation. ii_ Within twenty (20) working days after transmittal of the application for administrative variance, the Public Works Director, County Engineer, Building Official, Fire Marshal, Environmental Resource Manager and any other appropriate County or State official shall submit to the community development director written recommendations on the requested administrative variance. Within ten (10) working days after the due date for the outside department reviews of the requested administrative variance, the Community Development Director shall issue a decision approving, approving with conditions, or denying through resolution/ administrative order, the requested administrative variance. b. The Community Development Director may place reasonable conditions, limitations, and requirements upon the granting of any administrative variance as may be necessary to ensure compliance with the intent of this Code. Such conditions, limitations, or requirements may be placed on the granting of any variance to prevent or minimize adverse effects upon other property in the neighborhood which might otherwise result from the reductions in standards being requested, including but not limited to conditions, limitations, or requirements on the size, intensity of use, bulk, and location of any structure; landscaping; lighting; the provision of adequate ingress and egress, and the duration of the variance. Such conditions, limitations, or requirements shall be set forth expressly in the resolution granting the variance. Underline is for addition Strike T-14Feugh is for deletion Ordinance #04-001a Page 7 Draft #1 PRINT DATE: 12/05/03 C. Any variance from the provisions of Section 4.00.00, Airport Overlay Zone, will be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain, at the owner's expense, such markings and lights as required by Section 333.07(3), Florida Statutes, in accordance with the standards published in Chapter 14-60, FAC, Rules of the Department of Transportation. If deemed proper by the Community Development Director, this condition may be modified to require the owner to permit St. Lucie Count at its own expense, to install, operate, and maintain the necessary markings and lights. d. The decision of the Community Development Director shall be mailed to the petitioner and filed with the Office of the Community Development Director in accordance with Section 11.00.04(F). E. EXTENSIONS OF VARIANCE APPROVALS The time limitations imposed on any Variance by Section 10.00.00(-) may be extended by the Community Development Director not more than one (1) time, and for not more than twelve (12) months, upon application by the applicant. F. APPEALS FROM THE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR Any final action by the Community Development Director in accordance with this Section may, within thirty (30) days after the rendition of such decision, be appealed to the Board of Adjustment in accordance with the provisions of Section 11.00.00(-)(-), PART B. CONFLICTING PROVISIONS. Underline is for addition StFike T-14FOUgh is for deletion Ordinance #04-001a Page 8 Draft #1 PRINT DATE: 12/05/03 Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall beheld to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. --- PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Paula Lewis XXX Vice Chairman John D. Bruhn XXX Chairman Doug Coward XXX Underline is for addition Stralce Through is for deletion Ordinance #04-001 a Page 9 Draft #1 PRINT DATE:12/05/03 Commissioner Cliff Barnes XXX Commissioner Frannie Hutchinson XXX PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the 5t. Lucie County Land Development Code, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this ATTEST: Deputy Clerk day of , 2004. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: Underline is for addition SkikeThredgh is for deletion Ordinance #04-001a Page 10 Draft #1 PRINT DATE: 12/05/03 BY: County Attorney Underline is for addition S*imake T-hpedgh is for deletion COMMUNITY DEVELOPMENT DEPARTMENT (Administration) MEMORANDUM TO: Planning and Zoning Commission/ Local Planning Agency FROM: Community Development Director DATE: December 11, 2003 SUBJECT: Consider Draft Ordinance 04-002, amending the St. Lucie County Land Development Code by amending section 7.10.13 Sewage and Septage Treatment Facilities in Agricultural Zoning Districts to provide for municipal annexation of a facility site. Attached is a copy of Draft Ordinance 04-002, which proposes to amend the County's current regulations that address Sewage and Septage Treatment facilities in agricultural zoning districts. In sum, these regulations do not prevent a municipal authority from annexation land and proceeding with the development of a sewage or septage treatment facility on that land where the land will retain the County's agricultural zoning designation, until the zoning and land use have been changed in accord with Chapter 163, Florida Statutes, by the annexing municipality. These regulations simply require that the County be included as a consenting partner in the application of the conditional use permit. The reasoning behind this recommend change is that in order to avoid unnecessary multi -jurisdictional conflicts that can rise out of inadequate communication between two separate political entities, where one side can be played off against the other, consensus agreement to the appropriateness of the location and addressing of any site development impacts would be required. Staff recommends that you forward this matter to the Board of County Commissioners with a recommendation of approval. If you have any questions, please let us know. DJM/ OR_04-002_MEM01(h) cc: County Attorney Planning Manager "1 ORDINANCE NO. 04-002 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 7.10.13 SEWAGE AND SEPTAGE TREATMENT FACILITIES IN AGRICULTURAL ZONING DISTRICTS TO PROVIDE FOR MUNICIPAL ANNEXATION OF A FACILITY SITE; PROVIDING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances 91-03 - March 14,1991 91-09 - May 14,1991 91-21 - November 7, 1991 92-17 - June 2, 1992 93-01 - February 16, 1993 93-03 - February 16, 1993 93-05 - May 25, 1993 93-06 - May 25, 1993 93-07 - May 25, 1993 94-07 - June 22, 1994 94-18 - August 16, 1994 94-21 - August 16, 1994 95-01 - January 10, 1995 96-10 - August 6, 1996 97-01 - March 4, 1997 97-09 - October 7,1997 97-03 - September 2,1997 99-01 - February 2,1999 99-02 - April 6,1999 99-03 - August 17,1999 99-04 - August 17,1999 99-05 - July 20,1999 Ordinance #04.002a Draft #1 Underline is for addition Strike Through is for deletion Page 1 PRINT DATE: 12/05/03 99-15 - July 20, 1999 99-16 - July 0 2, 1999 99-17 - September 7,1999 99-18 - November 2,1999 00-10 - June 13, 2000 00-11 - June 13, 2000 00-12 - June 13, 2000 00-13 - June 13, 2000 01-03 - December 18, 2001 02-05 - June 24, 2002 02-09 - March 5, 2002 02-20 - October 15, 2002 02-029 - October 15, 2002 03-005 - October 7, 2003 04-001 - xxxxx xx, 2004 3. On December 18, 2003, the Local Planning Agency/ Planning -and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 4. On January 6, 2004, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on December 26, 2003. 5. On January20, 2004, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on January 9, 2004. 6. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. Underline is for addition ftrike Thretigh is for deletion Ordinance #04-002a Draft #1 Page 2 PRINT DATE: 12/05/03 fl THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO READ AS FOLLOWS, INCLUDE: CHAPTER VII 7.00.00 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.10.13 SEWAGE AND SEPTAGE TREATMENT FACILITIES IN AGRICULTURAL ZONING DISTRICTS In the AG-1, AG-2.5 and AG-5 zoning districts, the establishment of a sewage and septage treatment facility may be authorized as a conditional use, subject to the following criteria: A. A minimum of ten (10) acres shall be required for all treatment facility sites. B. No structure, treatment storage area or treatment facility shall be located within fifty (50) feet of any property line or required base building line. C. All areas of development shall be fenced or walled. A minimum twenty (20) foot wide landscape barrier shall be provided around the perimeter of the treatment facility. This buffer shall contain at least one tree for every thirty (30) linear feet around the perimeter. Trees, shrubs and hedges must comply with the requirements of Section 7.09.00. D. All entry and exit points must be gate controlled. All gates must be constructed with an opaque material. Except for business operation hours, all gates are to be kept closed and locked. E. A site plan of this facility must accompany the application for conditional use. Ordinance #04-002a Draft #1 Underline is for addition Strike gh is for deletion Page 3 PRINT DATE: 12/05/03 In the event of municipal annexation of a site pursuant to Chapter 171, Florida Statutes, an application for a facility shall require review and approval by the County until the applicable provisions of the municipal comprehensive plan and land development regulations for the annexed site have been approved by the municipality and determined to be in compliance pursuant to Part II, Chapter 163, Florida Statutes. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable oniq--to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall beheld to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certif ied copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. Underline is for addition Strike Through is for deletion Ordinance #04-002a Draft #1 Page 4 PRINT DATE: 12/05/03 PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Paula Lewis XXX Vice Chairman John D. Bruhn XXX Chairman Doug Coward XXX —Commissioner Cliff Barnes XXX Commissioner Frannie Hutchinson XXX PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this ATTEST: Deputy Clerk Ordinance #04-002a Draft #1 day of , 2004. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman Underline is for addition Strife Through is for deletion Page 5 PRINT DATE: 12/05/03 APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Underline is for addition 6trike Threugh is for deletion Ordinance #04-002a Page 6 Draft #1 PRINT DATE: 12/05/03 COMMUNITY DEVELOPMENT DEPARTMENT (Administration) MEMORANDUM TO: Planning and Zoning Commission/ Local Planning Agency FROM: Community Development Director DATE: December 11, 2003 SUBJECT: Consider Draft Ordinance 04-003, amending the St. Lucie County Land Development Code by creating section 3.01.03(EE) Cpub, Conservation - Public, Zoning District and by amending Section 7.04.01, Table 7-10 to provide for minimum lot standards for this new zoning district Attached is a copy of Draft Ordinance 04-003, which proposes to Create new Zoning District to be known as Cpub (CONSERVATION — PUBLIC). This Zoning District will correspond to the newly created Conservation Public, Future Land Use Category, that was created as part of recent amendments to the County Comprehensive Plan. The uses within this Zoning District are limited to parks and other related conservation/ habitat protection uses. This zoning designation will only be applied to properties that are in public ownership. Privately held property, even if it is open to public use, would not be a candidate site for the application of this zoning district. Staff recommends that you forward this matter to the Board of County Commissioners with a recommendation of approval. If you have any questions, please let us know. DJM/ OR_04-003_MEM01(h) cc: County Attorney Planning Manager ORDINANCE NO. 04-003 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY CREATING SECTION 3.01.03(EE) CPUB, CONSERVATION - PUBLIC, ZONING DISTRICT AND BY AMENDING SECTION 7.04.01, TABLE 7-10 TO PROVIDE FOR MINIMUM LOT STANDARDS FOR THIS NEW ZONING DISTRICT; PROVIDING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances 91-003 - March 14,1991 91-009 - May 14, 1991 91-021 - November 7, 1991 92-017 - June 2, 1992 93-001 - February 16, 1993 93-003 - February 16, 1993 93-005 - May 25, 1993 93-006 - May 25, 1993 93-007 - May 25, 1993 94-007 - June 22, 1994 94-018 - August 16, 1994 94-021- August 16, 1994 95-001- January 10, 1995 96-010 - August 6,1996 97-001- March 4, 1997 97-009 - October 7, 1997 97-003 - September 2,1997 99-001- February 2,1999 99-002 - April 6,1999 99-003 - August 17,1999 Underline is for addition Strike Through is for deletion Ordinance #04-003a Page 1 Draft #1 PRINT DATE: 12/05/03 99-004 - August 17,1999 99-005 - July 20,1999 99-015 - July 20,1999 99-016 - July 0 2, 1999 99-017 - September 7, 1999 99-018 - November 2,1999 00-010 - June 13, 2000 00-011 - June 13, 2000 00-012 - June 13, 2000 00-013 - June 13, 2000 01-003 - December 18, 2001 02-005 - June 24, 2002 02-009 - March 5, 2002 02-020 - October 15, 2002 02-029 - October 15, 2002 03-005 - October 7, 2003 04-001- xxxxx, xx, 2004 04-002 - xxxxx,xx, 2004 3. On December 18, 2003, the Local Planning Agency/ Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 4. On January 6, 2004, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on December 26, 2003. 5. On January20, 2004, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on January 9, 2004. 6. The proposed amendments to the St. Lucie County -Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. Underline is for addition Strike Through is for deletion Ordinance #04-003a Page 2 Draft #1 PRINT DATE: 12/05/03 THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO READ AS FOLLOWS, INCLUDE: CHAPTER III ZONING DISTRICTS 3.01.00 ZONING DISTRICT USE REGULATIONS 3.01.03 ZONING DISTRICTS EE. Cpub CONSERVATION - Public {� I. Purpose The purpose of this district is to provide and penvironment suitable for the protection, preservation or enhancement of public lands in the community, together with such other uses as may be compatible with public and quasi -public surroundings. The number in "0" 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 t;T:�� code. 2. Permitted Uses a. Cultural and nature exhibitions. (999)--)P b. Public Conservation areas (999) C. Public Parks and Recreation Areas (999) c Police d1 Fire Protection (9221,9224) ,z e. v��, Recreational Activities. (999)--'* 3. Lot Size Requirements U Lot size requirements shall be in accordance with Section 7.04.00. Underline is for addition Strike Through is for deletion Ordinance #04-003a Page 3 Draft #1 PRINT DATE: 12/05/03 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 sub ject to Section 7.06.00. 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses „ _ J 1�., u� 4-t'� a. Telecommunication towers - subject to the standards of Section 7.10.23 (999) 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and include the following_ a. b. C. 7.04.00 7.04.01 Detached single-family dwelling unit or mobile home, for on -site security purposes. (999) Heliport landing/takeoff pads. (999) Restaurants_ (Including the sale of alcoholic beverages for on -premises consumption only.) (999) 1, J CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT Ordinance #04.003a Draft #1 STANDARDS AREA, YARD, HEIGHT, AND OPEN SPACE REQUIREMENTS REQUIREMENTS Underline is for addition Strike Threugh is for deletion Page 4 PRINT DATE: 12/05/03 5ee attached Table 7-10 Underline is for addition Strike Through is for deletion Ordinance #04-003a Page 5 Draft #1 PRINT DATE: 12/05/03 m twD Z J N 0 o 0 e 0 o 0 0 0 o 0 a 0 e 0 o 0 0 0 0 0 0 0 0 0 0 0 o 0 a 0 o 0 o 0 e 0 e w N N N N fOr) M M M !� M M 0 M M 0 M M 0 ffO j O m LLLLLLLLLLLL = to M 1n M 0 M 0 M 0 M In M In M In M Z to M to M .a to M In M .O j m M In M A to M M M fM M (Nd) LLI F Z 0 000 0 0 0 0 O O O O O nM cm NO V a O O OL u?L .GiLr vLr_ :Lr h N N .� •-� h h O f� 0 L O Ll_ O H < 09inLc; Lo p�1 __ ° �9999Lg.� Lo Lo Lg.�! 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CO §\( z LU 10 D ui \L 5 § gy\ � 8 4-k c Z kS o ~0 , § o ■ 0 N _ g } / C) u 0 CA p 2)§\ ° CA . 4 . i k +- \ \ CM V \ a 3 . ; 3 W E } U % 2 2 � U D ƒR\Z §f b k I k 2 Z E ƒ E 2 \ Z 3 1-4■ 4 k 2 7� AC z L. 93- L.[ N \ 2} in w LE 2 I q ƒ 2 i ? u k2 a k k E $ $ $ % L. t 2 4-4- \ f - ■ f § E § 75 2 - t EU� ■ $ � % E ■ 2 u ; E ) } f- « m . - § } �$ 50 t § 5 - o E 5 M £ R § 2 § 2 \ , in 2 } g wn , § 7 - o \ ƒ k k 46 • 8 k LEka LEk � R W § } $ � Q $ Zr f Ti& ƒ % « % - M in } % § CL § A m 4- ��} x k k 0 IL rL ,j 4. 0 S _ . \ § + - 4- � G O �o u / > / 4- 2 % 2 �ƒ k in £ 4- w & 2 $ - � 2 C)� \ 7 E � � � @ F a 2 b % � � � ::E F74 .9 k R k � § \ 0 22 a% al. k R e : q � PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall beheld to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. Underline is for addition Strike Through is for deletion Ordinance #04-003a Page 10 Draft #1 PRINT DATE: 12/05/03 After motion and second, the vote on this ordinance was as follows: Chairman Paula Lewis XXX Vice Chairman John D. Bruhn XXX Commissioner Doug Coward XXX CommissionerCliff Barnes XXX Commissioner Frannie Hutchinson XXX PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to "section', "article', or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this day of , 2004. ATTEST: Deputy Clerk Ordinance #04-003a Draft #1 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman ----------- --------------------- Underline is for addition Strike-Thraugh is for deletion Page 11 PRINT DATE: 12/05/03 APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Underline is for addition StrikeThrengh is for deletion Ordinance #04-003a Page 12 Draft S1 PRINT DATE: 12/05/03