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HomeMy WebLinkAboutSept. 28, 2011 Agenda PackageSt. Lucie County Board of Adjustment St. Lucie County Administration Building Commission Chambers September 28, 2011 9:30 a.m. AGENDA CALL TO ORDER A. Pledge of Allegiance B. Roll Call C. Announcements AGENDA ITEM #1— MINUTES • Action Recommended: Approval • Exhibit #1: Minutes of July 27, 2011 Regular Meeting AGENDA ITEM #II Petition of Matthew J. Gierak for a Variance from the Provisions of Section 7.06.02(A) of the St. Lucie County Land Development Code. • Action Recommended: Denial • Exhibit #2: Staff Report AGENDA ITEM #III — Petition of AutoZone Prima Vista for a variance from the provisions of Section 7.05.06 (2)(c), of the St. Lucie County Land Development Code which requires all driveways to comply with a 25 foot setback from the property line for a site located at the intersection of Airoso and Prima Vista Blvd. in the CO (Commercial -Office) Zoning District. • Action Recommended: Denial • Exhibit #3: Staff Report OTHER BUSINESS A. Other business at Board Members' discretion. B. Next regular Board of Adjustment meeting TBD. ADJOURN NOTICE: The proceedings of the Board of Adjustment are electronically recorded. PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at a 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 from time to time as may be necessary to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TDD 772-462-1428 at least forty-eight (48) hours prior to the meeting. Any questions about this agenda may be referred to the St. Lucie County Board of Adjustment at 772-462-2822. Form No. 07-37 Planning and Development Services Department MEMORANDUM TO: Board of Adjustment THROUGH: Kara Wood, Planning Manager FROM: Kristin Tetsworth, Senior Planner DATE: September 28, 2011 SUBJECT: Petition of AutoZone Primavista for a variance from the provisions of Section 7.05.06 (2)(c), of the St. Lucie County Land Development Code which requires all driveways to comply with a 25 foot setback from the property line for a site located at the intersection of Airoso and Prima Vista Boulevard in the CO (Commercial -Office) Zoning District. ITEM NO. III --- LOCA-TION: I MNE-Prima-Vista-BoWevvard,-Port-St-Luc1P _. PARCEL CONTROL NUMBER: 3419-540-0038-000/9; 3419-540-0037-000/22; 3419-540-0036-000/5; 3419-540-0035-000/8 ZONING DISTRICT: CO (Commercial, Office) FUTURE LAND USE: COM (Commercial) PARCEL SIZE: 1.19 acres PURPOSE: The purpose of this variance application is to allow for the new construction of a commercial building which requires a driveway that will encroach a maximum of fifteen feet into the minimum setback of twenty-five feet from the property line. SURROUNDING ZONING: Properties To the north: To the south: To the east: To the west: Board of Adjustment Petition: AutoZone September 28, 2011 Page 2 of 5 Zoning District Designations of Abutting RS-4, Single -Family (4 du/acre) CN, Commercial Neighborhood RS-4, Single -Family (4 du/acre) PNRD (Planned Non -Residential Development) SCHEDULED IMPROVEMENTS: The portion of Airoso Boulevard at the intersection of Prima Vista Boulevard is designed to convey traffic without any additional widening for 20 years. The City of Port St. Lucie has already approved the driveway permit. Background The subject property is currently under review for a Re -Zoning application for an Amendment to the Official Zoning Atlas to change the zoning from the Commercial Office (CO) and Residential Single Family (RS-4) zoning districts to the Planned Non - Residential Development (PNRD) Zoning District, with Preliminary and Final Site Plan approval, for a retail sales establishment known as Auto Zone. The Future Land Use on approximately 54% of the site is COM (Commercial) under which all Commercial Office (e$uses e-permitted, induding-thi--retail-sW"f-auto-parts.--The-remair ring-46%-of-the-- site has a Future Land Use designation of Residential Urban (RU) under which Commercial Neighborhood (CN) uses are permitted. Therefore, the initial determination by the Planning Division is that a Text Amendment to the Land Development Code to add the retail sale of auto parts to the CN zoning district, as a Conditional Use would be required. A Conditional Use application is being processed concurrently to permit the retail sale of auto parts in this project as a part of the PNRD approval. The driveway permit has already been approved by the City of Port St. Lucie. The project requires the variance for the driveway location pursuant to the provisions of Section 7.05.06 (2)(c), of the St. Lucie County Land Development Code which requires all driveways to comply with a 25 foot setback from the property line. Board of Adjustment Petition: AutoZone September 28, 2011 Page 3 of 5 STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for a variance from the St. Lucie County Land Development Code, the Board of Adjustment shall consider and make the following determinations: 1. The variance requested arises from conditions that are 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 unnecessary hardship for the owner, lessee, or occupant, as distinguished from a mere inconvenience, if the Provisions of Chapter 7 are literally enforced; that they are conditions that are not ordinarily found in the same Zoning District, and the conditions are created by the regulations of Chapter 7, of this Code, and not by an action or actions of the property owner or the applicant. The requested variance is not the result of conditions that are unique and peculiar to the land involved but is a result of limitations on the existing property that backs up to County owned land and a canal. The proposed site plan in the proposed PNRD Zoning District allows for flexibility in the design of the building location, parking and the open space requirements. This is the only dimensional requirement that requires a variance. 2. The granting of the variance will not impair or injure other property or it pr-ovementeAnAbe-neighbor-hoodAn-which-the-subject-proper#y-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, create a hazard to air navigation, endanger the public safety, or substantially diminish or impair property values within the neighborhood. The granting of the requested variance is not expected to impair or injure other property or improvements in the neighborhood, nor is it expected to impair an adequate supply of light or air to adjacent public streets, increase the danger of fire, or endanger the public safety. If the variance is granted the applicant will still be required to comply with all applicable design standards for a commercial development, including but not limited to landscaping, parking, and architectural standards. 3. The variance requested is the minimum variance that will make possible the reasonable use of the land, building, or structures. Board of Adjustment Petition: AutoZone September 28, 2011 Page 4 of 5 The proposed variance ameliorates the existing encroachment but is not needed "to make possible the reasonable use of the land". The building and site can be designed to take advantage of the flexibility of the PNRD Zoning District. 4. The variance desired will not be opposed to the Office spirit and intent of this Code or the St. Lucie County Comprehensive Plan. The variance is not entirely in conflict with the purpose and intent of the Land Development Code, which seeks in part to preserve, protect, and improve the public health, safety, comfort, good order, appearance, convenience and Office welfare. The requested variance is not in conflict with any element of the St. Lucie County Comprehensive Plan. Recommendation The variance sought arises from conditions that are not unique and do not qualify as a hardship as defined in the St. Lucie County Land Development Code. Staff has reviewed this petition and determined that it does not conform to a strict interpretation of the standards of review as set forth in Section 10.01.02, St. Lucie County Land Development Code. Staff is, therefore, recommending denial of the requested variance. Please contact this office if you have any questions on this matter. Attachments: Code Variance Petition Survey cc: Katherine Barbieri, Asst. County Attorney File Board of Adjustment-- .--- -.-- ---... . Petition AutoZone September 28, 2011 Page 5 of 5 SUGGESTED MOTION TO APPROVE/DENY THIS REQUESTED VARIANCE: 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 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT APPROVE THE PETITION OF AUTOZONE PRIMAVISTA FOR A VARIANCE FROM THE PROVISIONS OF SECTION 7.05.06 (2)(C), OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE WHICH REQUIRES ALL DRIVEWAYS TO COMPLY WITH A 25 FOOT SETBACK FROM THE PROPERTY LINE FOR A SITE LOCATED AT THE INTERSECTION OF AIROSO AND PRIMA VISTA BOULEVARD IN THE CO (COMMERCIAL -OFFICE) ZONING DISTRICT, BECAUSE... (CITE REASON WHY - PLEASE BE SPECIFIC) MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT DENY THE PETITION OF AUTOZONE PRIMAVISTA FOR A VARIANCE FROM THE PROVISIONS OF SECTION 7.05.06 (2)(C), OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE WHICH REQUIRES ALL DRIVEWAYS TO COMPLY WITH A 25 FOOT SETBACK FROM THE PROPERTY LINE FOR A SITE LOCATED AT THE INTERSECTION OF AIROSO AND PRIMA VISTA BOULEVARD IN THE CO (COMMERCIAL -OFFICE) ZONING DISTRICT, BECAUSE... (CITE REASON WHY - PLEASE BE SPECIFIC) ST. LUCIE COUNTY Planning & Development Services Department Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 http://www.stlucieco.ora/planning/planning.htm DEVELOPMENT APPLICATION Prior to submittal, all applications require a pre -application conference. Please contact the Planning Division to schedule an appointment. Submittal Tvpe rcheck_each that applies Site Plan Rezonina ' ❑ Major Site Plan ❑ Rezoning (straight rezoning) ❑ Minor Site Plan a Rezoning (includes PUD/PNRD/PMUD) ❑ Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment ❑ Major Adjustment to Minor Site Plan Comprehensive Plan Amendment a ❑ Major Adjustment to PUD/PNRD/PMUD ❑ Future Land Use Map Change ❑ Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment ❑ Minor Adjustment to Minor Site Plan Other ❑ Minor Adjustment to PUD/PNRD/PMUD ❑ Administrative Relief Planned Development ❑ Class A Mobile Home s ❑ Planned Town or Village (PTV) ❑ Developer Agreement (Submit per LDC ❑ Planned Country Subdivision (PCS) 11.08.03) ❑ Planned Retail Workplace (PRW) ❑ Power Generation Plants ❑ Prelim. Planned Unit Develop. (PUD) ❑ Extension to Development Order ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Historical Designation/Changes 2 Prelim. Planned Non -Res. Develop. (PNRD) o Land Development Code Text Amendment' ❑ Final Planned Unit Develop. (PUD) ❑ Plat ❑ Final Planned Mixed Use Develop. (PMUD) ❑ Post Development Order Change d Final Planned Non -Res. Develop. (PNRD) ❑ Re -Submittal # Conditional Use ❑ Shoreline Variance _ 11 Conditional Use ❑ Stewardships — Sending/Receiving -- ❑ Major Adjustment to a Conditional Use ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Minor Adjustment to a Conditional Use ❑ Transfer of Development Rights Variance 2 ❑ Waiver to LDC/Comp. Plan Requirements 9 ❑ Administrative Variance ❑ Appeal of Decision by Administrative Official90 ❑ Variance ❑ Variance to Coastal Setback Line ADDlication Supplement Packages 1. Conditional Use 5. Class A Mobile Home 9. Waiver to LDC/Comp. Plan 2. Variance 6. Historical Designation/Change Requirements 3. Rezoning / Zoning Atlas Amend. 7. LDC Text Amendment 10. Appeal of Decision by 4. Comp. Plan Amendments 8. Re- Submittal Administrative Official Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). Page 1 of 6 Revised June 21, 2010 FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Planning Division Application Type: Rezoning (PNRD) • Preliminary Supplemental Application Package No.: 1, 3, and 7 (Please provide separate fee calculation worksheet for each application type) a BASE REVIEW FEE: $7,950.00 (A) 400.00 a CONCURRENCY FEE: $ (B) 1 50.00 a ERD REVIEW FEE: $ (C) 0 PER ACREAGE CHARGE: $ 0.00 (D) O RESUBMITTAL FEE: (if applicable) $ 0.00 (E) 0 OTHER $ 0.00 SUBTOTAL OF BASIC FEES: $ 8,500.00 250.00 N PRE -APPLICATION MEETING FEE: (F) $( ) deduction Receipt No. of Payment: Date of Pre App: 12102/10 8,250.00 BALANCE OF FEES DUE: $ SEPARATE CHECK FOR TRAFFIC IMPACT STUDY— Ordinance No. 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code ❑ $950.00 -- Methodology Meeting (G)(If Applicable) • Additional fees will be due if a 3 d party traffic study review is needed. These services will be Invoiced to applicant upon receipt of quote of services from Td party. • Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures". • Other fees mgy be applicable by other external reviewing agencies; Is. Fire District and proof of payment will be required prior to project approval. Pre -Application Meeting Reque Wade Davis Aonlicant Name (Printed) Signature of applicant INTAKE REVIEWER - SIGNATURE DATE VERIFIED BY - SIGNATURE DATE File Number: Receipt Number: (For office use only) Page 2 of 6 Revised June 21, 2010 Submittal Requirements The following checklist Is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. All applications must include the following: A Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) It Aerial Photograph — property outlined (available from Property Appraiser's office It Properly Deed [it Legal description, in MS Word format, of subject property It Property Tax Map — property outlined (electronic copy not required) A Survey It 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached) A Concurrency Deferral Affidavit; or Ll Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: Lit Site Plan 24"x36" at a scale of 1"=50' (12 copies- folded, not rolled) It Boundary Survey — Signed and Sealed (12 originals) IN Topographic Survey — Signed and Sealed (12 originals) 11 Landscape Plan — Signed and Sealed (12 originals) A Traffic Impact Report (TIR) (4 copies) if: 0 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) ❑ Environmental Impact Report (4 copies) if: (See LDC Section 11.02.09(5)) o The property is ten acres or greater o The property, regardless of size, contains a wetland; o The property is identified on the "Native Habitat Inventory for SLC"; -- oche -proposed -development isdocated-in-whole, or -part ,within -the -One -Hundred Year-Plood-Plain; --- — -- o Development on N. or S. Hutchinson Island Development Order Extension Applications only require the following: ❑ Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02.06) ❑ Updated Traffic Analysis if applicable (4 copies) ❑ Approved Resolution or GM Order *Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it will invalidate the results of any hearing(s). Page 3 of 6 Revised June 21, 2010 Protect Information Project Name: AutoZone Primavista Blvd. Site address: 101 NE Primavista Blvd. Parcel ID Number(s): 3419-540-0038-000/9; 3419-540-0037-000/2; 3419-540-0036-000/5; 3419-540-0035-000/8; Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on CD) LOTS 35, 36, 37, AND 38, BLOCK 43 OF RIVER PARK -UNIT FIVE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 11, PAGE 31, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA Property location — Section/Township/Range: SECTION 28, TOWNSHIP 38 SOUTH. RANGE 40 EAST Property size — acres: 1.17 Square footage: 48,616 Future Land Use Designation: Vac Commercial Zoning District: CO & RS-4 Description of project: Applicant wishes to rezone properties to PNRD in order to allow for development of site with 7,381 sf AutoZone Retail Store. This applications includes rezoning, preliminary PNRD, final PNRD, conditional use, and Land Development Code Text Amendment. (Attach additional sheets if necessary) Type of construction (check all applicable boxes): [3Commercial Total Square Footage: Existing 0 .Proposed:7,381 ❑ Industrial Total Square Footage: Existing Proposed: ❑ Residential No. of residential units: Existing Proposed: No. of subdivided lots: Existing Proposed: ❑ Other Please specify: Number and size of out parcels (if applicable): N/A Page 4 of 6 Revised June 21, 2010 __SP AL'NOTICE . .. _... ............ ...... . ---- - (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the tight to request additional information to ensure a complete review of this project. Applicant Information (Property Developer): Business Name: AutoZone Stores, Inc. Name: Wade Davis Address: 123 South Front St Memphis, TN 38103 (Please use an address that can accept overnight packages) Phone: 901-495-8701 Fax: Email: wade.davis@autozone.com Please note: both applicant and Agent information: Business Name: CPH Engineers, Inc. Name: Eduardo Intriago, P.E. Address: 540 NW University Blvd, Suite 209 Port St. Lucie, Florida 34986 (Please use an address that can accept overnight packages) Phone: 772-283-8704 Fax: 772-283-4681 Email: eintriago@cphengineers.com will receiveALofficial correspondence on this Property Owner information This application and any application supplement will not be considered complete without the notarized signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said property owner. I f 2 L 1 ir3, _R u7"N L3 e\/cr S B. Ruth Devos Fropeml owner Signature Property owner Name nle Mailing Address: 676 SE Degan Dr Phone: Port St. Lucie, Florida 34983 If more than one owner, please submit additional — pages STATE OF 4, , COUNTY OF The foregoing Instrument was acknowledged before me this day ofJ, 20 6 � �C� by , aAA, W who is personally known to me or who has produced as identification. V!®k1 re Adhlrias r nature of Notary Type or nt Name of Notiry Commission Number (Seal) to) PuUcGlite of Fiodda VOIJAdams kMy Commission DD664236 ooExpin"06I1812011 Page 6 of 6 Revised June 21, 2010 Re uired Document Namina List * All. electronically submitted documents must be formatted and named according to the list below. If your submittal includes a document not on the list, the document name shall clearly reflect the content of the submitted document. Document Document Format Required Name on CD Aerial Photo rah PDF Aerial. df Application PDF Application.pdf Approval Order PDF ApprovalOrder.pdf Architectural Elevations PDF ArchElev. df Boundary / Topographic Surve PDF BoundaryTopo.pdf Drainage 1 Stormwater Plan PDF Draina ePln. df Easements PDF Easements. df Environmental Impact Report PDF or Word EIR. df or EIR.doc Existing Condition Plan PDF Existin Cond. df Flood Plain PDF or Word Flood. df or Flood. Doc Landscape Plan PDF Landsca e. df Legal Description Word Le al.doc Lighting Plan PDF Li htin . df Mitigation Plan PDF Miti ation. df Mobile Home Plans PDF or Word MobileHome. df or MobileHome.doc Paving Plan PDF Paving.pdf Permit External PDF Permit. df Plat PDF Plat. df or Plat.doc Property Deed PDF Deed. df Site Plan PDF SitePlan. df Traffic Impact Report PDF or Word TIR. pdf or TIR.doc TeL-ft Y PDF re . d Turtle Protection PDF or Word Turtle. df or Turtle.doc Utillity Plan PDF Utiliity.pdf Vegetation Removal Application PDF Ve etation. df Page 6 of 6 Revised June 21, 2010 Supplement 1 Conditional Use Application Supplement Refer to St Lucie County Land Development Code (LDC) Section 11.07.00 for, details Desired Conditional Use / Adjustment: Allow Auto Paris retail store on PNRD site Minor Adjustment J�. Major Adjustment Existing use of property: existing Property under review for :PNRD rezoning Is a change in ng sough h the petition for Conditional Use? YES.. NO -- Is a change in F re Land NO with the petition for Conditional Use? T YES NO Is a Site Plan A val appli n being filed concurrent with the Conditional Use Appli:caiion? . YES J L NO If the Conditional Use applied. for requires site plan approval, the applicant shall submit a. site plan that meets the requirements of LDC Section11.02.00. The following information you provide is very important in determining the outcome of your conditional use request. it is required by .Section 11.07.00, LDC that appropriate findings are made to justify a Conditional Use approval. Please use additional pages, if necessary to justify your request. 1. Describe the reason for the proposed Conditional Use or Adjustment: Four lots on the NE corner of Primavista and Airoso Blvd will be rezoned PNRD. Autozone intends to develop a auto parts retail store on the premises. PNRD does not allow auto parts retail store. The intention of this conditional use is to allow the mentioned use for this project. The project is congruent with its surroundings and it's architectural and landscape features will enhance the neighborhood. Z. s the propoeConditional-7seAdjustment n con ict with any portion of the D or the St. Lucie County Comprehensive Plan? PNRD zoning does not allow Auto parts retails. 3. What are the existing uses in the immediate area and how is the proposed Conditional Use or Adjustment compatible with the existing uses in the area? The intersection is zoned either commercial or PNRD. A commercial zoned property allows auto parts retail. There is a gas station to.the south, a convenience store to the west, a county canal to the north and residential property to the east (which will have the appropriate landscape barrier). Page 1 of 2 Revised: May 27, 2010 Supplement 9 4. What conditions have changed in the immediate area that warrants consideration of this Conditional Use or Adjustment application? The.intersection has been developed as a commercial area. The new zoning and use will be in accordance with its surroundings. 5. What are the anticipated impacts of the proposed Conditional Use or Adjustment on the existing and future public facilities in this area, .such as roads, transit, water, sewer, drainage, parks, etc.? None. Please refer to traffic study. 6. What are the anticipated environmental impacts of the proposed Conditional Use or Adjustment? If no adverse impacts are anticipated, please explain why. There are no anticipated impacts, since this is a previously developed site. 7. Please provide any additional information about size, hours, and seasons of operation; number of employees; number of car or truck trips; equipment utilized; anticipated duration of use; impacts of noise and light; access improvements; hazardous substances utilized; and any other issue that would assist in the evaluation of this application. Eduardo J. Intriago, P.E. Applicant or Agent Name (printed) Page 2 of 2 Revised: May 27, 2010 Supplement 2 Variance Application Supplement Refer to St Lucie County Land Development Code (LDC) Section 10.01.00 for details 1. 1 (we) do. hereby petition the St. Lucie County Board of Adjustment for the following Variance from the LDC. (State the variance sought and the section from the LDC from which the variance is requested.) Respectfully, we are requesting a variance from LDC section 7.05.06(C) that requires a separation of 25' from the side property line. The proposed driveway is 10, from the adjacent property line. 2. What is the purpose of the proposed variance and the intended development of the subject property if the variance is granted: The variance is to provide an access to Airoso Blvd, for the subject project. The proposed driveway is right in and right out only. 3. State the specific hardship imposed on the owner by the LDC? LDC requires driveways to be 150' from the closest intersection and 25- from the property line. The west property line adjacent to Airoeo Blvd is. only 150' long. It is physically impossible to meet both requirements. Considering that the property on the north is a drainage canal, we are respectfully requesting a variance of the driveway setback from 25- to is-. from the north property line. This propose driveway will not adversely impact any existing development and it will closely align with the existing driveway across the street on Airoeo. 4. State reasons why this hardship is unique to the owner and why other property similarly situated does not suffer from the same hardship. AutoZone or any other commercial development will need access for their delivery trucks to get in and out of the proposed development. Having one access to the property will be prohibitive to any type of business. At the same time, SLC Fire District will require easy access for the fire trucks as a condition of approval. Having two accesses as proposed will facilitate and accommodate all these needs. At the same time the propose access is aligned with the existing development across the street. 5. State reasons why this variance will not be injurious to other property and/or improvements in the neighborhood in which the subject property is located. Tvariance11--n-ot dversely-impact-any-other-prop-erty bbe-caus-e-the--------- abutting property to the north is an existing drainage canal owned and maintained by the county. 6. State reasons why this variance will not increase traffic, the danger of fire, or impair property values in the neighborhood in which the subject property is located. A driveway is not a parameter considered to increase traffic, or the risk of fire, and since it is not abutting any private property, it will not impair any property value. 7. State why this variance is the minimum variance that will make possible a reasonable use of the land, building and structures. The only options are to request a variance for the intersection separation'(1501) or the separation from the property line (251). Due to safety issues, we consider reducing the property line separation requirement will not increase the possibility of traffic accidents. Page 1 of 3 Received 9y Revised: May 27, 2010 Planning Division AUG 19 2011 St Lucie coamw e Supplement 2 8. Explain how this proposed variance is consistent with the general spirit of the LDC and the St. Lucie County Comprehensive Plan. The proposed variance will not change the commercial nature of the Airoso and Primavista intersection and intends to follow as closely as practical the LDC and St. Lucie County Comprehensive Plan as practical. 9. Is this variance re Lest located within a Homeowners or Property Owners Association? YES NO 0 If yes, then letter is required. • For any variance request within an area that has a Homeowners or Property Owners Association, a letter from that Association is required stating their position regarding the variance request. 10. Name of Association 11. Is there a letter from that association attached? YES NO 0 • Please attach a diagram of the property showing the dimensions of the lot and all other dimensions necessary to understand this application. • Per LDC Section 10.01.04(A)(7) 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. • Except for non-residential accessory structures in AGA, AG-2.5 and AG-5, if the application is for 100% variance from the road frontage requirements, proof of recorded legal access shalT�e fsnis ed with_the application. • I (we) have reviewed LDC Section 10.01.00, including the questions to be answered by the applicant for a variance and will be prepared to answer these questions at the public hearing. WADE DAVIS Applicant or Agent Name (printed) Page 2 of 3 Revised: May 27, 2010 Supplement 2 BOARD OF ADJUSTMENT 2010 Application Cut -Off Dates Meetind Dates 11 /26/2009 1 /27/2010 .12/24/2009 2/24/2010 1 /28/2010 3/24/2010 2/25/2010 4/28/2010 3/25/2010 5/26/2010 4/29/2010 6/23/2010 5/27/2010 7/28/2010 6/24/2010 8/25/2010 7/29/2010 9/22/2010 8/26/2010 10/27/2010 9/23/2010 11 /24/2010 (likely to change) /287201-0 1-2/221201-0 (likely to change 11 /25/2010 1 /26/2011 The Public Hearings on petitions will be held in Commission Chambers, Roger Poitras Annex of the St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida beginning at 9:30 A.M. or as soon thereafter as possible. Page 3 of 3 Revised: May 27, 2010 LOTS 35, 36, 37, AND.38, BLOCK 43 OF RIVER PARK - UNIT FIVE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 11, PAGE 31, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA (Page 197 a 149) ' die Oar► Lgl't't Ur !l1det8r &rag JANUAW Adkbig . it :. ..... ...... •..._ _......__•..: •:.:. _•;: ••..._._ •... • •: _• -- sW11iD p::➢tl{GW117c11:_'��]upgtlk�ls�r,LAV)40o8tx;.... ��^j� -f- 0" mva& s. guru trot$ tmUSHO arm _ ltlplit 20.04 viwepaete18ea1ddewk t76 /D Dxa#tl t7AiYi • ; n �.�,�1.ni.'mww�p.ta��6�1YXt�ttafltp�pralhe i • �l�+wlwweM►twwwfprat w�wwawio■wwD.otm:pa�) . aedoe>seroodtdae6oar,reo�t+r6eredB6eaebf�7ir►w)►Rieatlti� ) +alo+ra.eowari+daaottnurea�+cauished is et. Lnaio uo LOT 35, SLOW 480 RIM "EX a= YMP A00mm to WIN NAT wima rtr, su maa = nm am u watt U or MEN -- xviJww Vo covemmts, iwtriotions, mummaats e9 raaer4 and tame ter as Onxent fur. Jokine Holodn. clerk of the Circuit Omirt - St. We County File Robrr1605795 OR BOOK 1121 PAGE J.91.6 Carded: Ol-" 10130 A.N. 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PLANNED -NON-RESIDENTIAL DEVELOPMENT 7.02.01 PURPOSE The Planned Non -Residential Development (PNBD) District is intended to achieve non-residential land development of superior quality through the encouragement of flexibility and creativity in design options that: A. Permit creative approaches to the development of hon-residential land reflecting changes in the technology of land development; B: .Allow forthe efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs; C. Allow design options that encourage an 'environment of stable character, compatible with surrounding.land uses; and D. 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. 7.02.02 PERMITTED USES The following general guidelines shall lie used in determining the permitted use possibilities in'any Planned Nonresidential Zoning Development: A. For properties located in any Residential or Agricultural classified land use area: Any permitted, conditional or accessory use, including any standards, conditions and requirements for those uses, as identified in the Commercial', Neighborhood (CN); Commercial, Ofiitre (CO); Institutional (1) Zoning Districts, and in the Agricultural land use classified . areas only, any. non=residential permitted or accessory use identified in the Agriculture-1 (AG-1), Agricultural-2.5 (AG-2.5), or Agricultural-5 (AG-5) zoning districts of this Code. Telecommunication towers must comply with the requirements of Section 7.10.23. The general standarde,..conditions and requ remen s, as, lotn I�hcoae�rrarPena�r, conditional and -accessory uses shall be used in the determination of the compatibility of the proposed use(s) with the surrounding land uses in the . review. of the Planned Nonresidential Development. All applications for Planned Nonresidential Developmenr8hali include a complete Identification of all planned uses and activities. B. • For properties located in any Commercial or Industrial classified land use area: Any permitted, conditional or accessory use, including ahystandards, conditions and requirements' for those pses, ;as identified fn the Commercial, Neighborhood (CN); Commercial, Ofifce*(CO); Commercial, General (CG); -industrial Light (IL); Industrial Heavy (IH), Ulifity (.U) and (I) Institutional zoning districts, and any non-residential permitte&oV accessory use identified in the Agriculture-1- (AG-1), Agricultural-2.5 (AG-2.5), or Agricultural-5 (AG-5) zoning districts of this Code. Telecommunication towers must comply with the regL0reMe6ts of Section 7.10.23. The general standards, conditions and'ieouirements, as found ' in' this' Code, that pertain to St Lucie Caxdy Land DeveloPrWA Code 7 -13 gevuued 7Mwyh o5/t5rQ4 Adopted August 1. iWD .conditional and accessory uses shall be used. in the determination of the compatibility of the proposed iise(s) with the surrounding land used ih the review ;of the. Planned Nonresidential Development. All applications for Planned Nonresidential Development shall include a complete identification of all planned uses and activities. 7.02.03 $TA►' A4i5s AND REQUIREMENTS Standards and requirements for Planned Non -Residential Development shall be as follows: A: MINIMUM SIZE The minimum lotske req"Wremeritsfora Planned Non -Residential Development shall boas follows: 1. Any Planned f4bri-Residential Development in a Residential Land Use classification shall` 'cogipiy with the minimum loi requlrements In the Commercial Neighbiirh'ood (CN) Zoning District. 2. Any Planned Non -Residential Development in a,Commeroral, Industrial or Mixed Use Land Use classification 'shall comply with the minimum lot. iequrreribnts in the. Commercial General (CG) Zoning District. 3. 'A)i Planned Non -Residential Development shall be under common ownership or control. . B. DIMENSIONAL RE001REMENTS Minrrrium dimensional requirements shall be in accordance with Table 7.10 in Section 704.01, provided;•however, that the Bbard of. County Commissioners'may condition approval of a•Planned Non -Residential Development upori'dorripiianae with more•.stringeht or restrictive dimensional requirements`in order to ensure"cornp2ttibility with surrotnding land uses; to mitigate irripact an the environment and hatural.resources, to ensure public safety and to ensure compliance with the St. --.-Lucie-bounty-Comprehensive-Planrand;•' '• any structure•on North or South Hutchinson Isiarid-that has hot.boen occupied, constructed, or has not received a buildirig permit site plan or other County c?evebomenf'approval as a peftitted use prior to January 10,1095, tho.1eg0Irements'of Section. 4.01.60, Rutchinsbn Island - Building Height.' Overlay Zone ;shaii'apply. C. PUBLIC FACILITIES 1. The Planned Non -Residential development shall be designed and located so there will be no net ppblip cgat forthe provision of water lines, sewage 116es,'storm and surface drainage systemv, antl other utility systems in order to ensure -compatibility with surrounding land uses, tq tinftigate impact on the environment a6d naturaT'resources; •to ensuri public safety ' and to. ensure complianed wim the St. Lucie County Compreheridfire {Mari: 2. The minimum sizelpf all wateir mains used; or intended for u§e, iri ire prbiection activities Is i* (6')'inches. Adtual water main'requirements'vvill be determined`bythe St.. Lucie County -Ft. Pierce Fro 'Prevention Bureau. St Luc%CmnV Lana devWWanntcode Adop�edAugusl t•.1990 7 -14 Revised Ttxouph dSM5/04 3. " The rrilnimum size of all water mains used, or intended for use; in fire protection activities, that are Ipcated on a dead-end water main is eight (8"•) inches. Actual water, main. requirements will be determined bythe St. LddWCounty-Ft. Pierce Fire Prevention Bureau. The maximum number of fire hydrants that may be1ocated 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 Counly-Ft. Pierce Fire Prevention Bureau. D. TRAFFIC AND PEDESTRIAN CIRCULATION 1. Every'use permitted in a Planned Non -Residential Development shall have access to a public street either directly of through an approved private road, vehicular accessway, a pedestrian way, or other -area dedicated to public or private use. 2. Principal vehicular access point's 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 Non -Residential Development shall not be connected to streets outside the development so as to encourage their use 1pytbrough traffic. 3: The proposed Planned Non -Residential Development shall be designed *so that it will not create traffic cortgestion 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. Streets in a Planned Non -Residential Development maybe dedicated•to public use or retained under private ownership. Said streets and associated improvements shall comply with all pertinent County regulations and ordinances, however, variations to the standard mirjmum right-of-way widths may be considered as part of the Planned Non -Residential Deyelopmen't if Itts•shown to the satisfaction of the County Commission, 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. Any pedestrian circulation dystem and its related walkways shall be insulated from the - vehicular street system. r 6. All roads and streets shall intersect at an approximate W angle of ninety degrees (90°) 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. SL Lude Count' land DeveWp w& Code AdopfedAupuai 1.17 - 16 Revised fhrquDh Os115lod ' 990 Cul-de-sacs shall be provided at the end of all dead end roads or streets greater than five 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 haye•a minimum right-of-way diameter of one hundred (100) fdet. If the dead end roadway is five hundred'(500) feet or less in length, a "Y'or "T" type of turn around maybe approved. If a dead and street is temporary in nature then a.temporarycul-de-sac shall be required, until the roadway is connected to another street or road, In thaicenter of-the,cul-de-sac•on unpaved -island, surrounded. by a curb, improved with grass anxi 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 owner hip, shall. be located a minimum of ten (10).feet from any exterior, building walls, except for security gate houses or similar security structures located, n' a private street or road right-of-way. 1 fi. Access points on. .all• collector or..arterial streets serving :a . Planned ' Non -Residential Development shali.be ,.located and spaced so that traffic moving into and out of the arterial streets does not cause traffic congestion. PARKING AND LOADING' .. 1. Gdneral•Provisions -a. The number,•type; and location. of parking spaces shall. be determined at the time of rt]I-111'lt11'ri[II'11'IGt�J'A:YVPucawel'roarvoswcsrvMrnwr�-I+rur,i-�.rp..�.....+.�-ram -'-•-•---•-•-•--- the number of spaces required shall -be based on Section 7.06.02 of this Code. The number of parking spaces required by this sediion tray 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. leserved.parking spaces may be provided, in lieu of•paved.spaces, subject to Section 7.06.02(B)(4) of this Code. 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 Codb; and'the •following standards: a. Off-street parking and loading areas shall be designed•to -provide travelways between adjacent uses while discouraging through traff Ic. SL Lucie county I. a ldVWebpnantcode AdobW August 1;198D 7-16 io'd'-ril:o�ain tisnsYoa b. Off-street parking and loading areas shall be screened frorn'adjacent roads and = pedestrian walkways with hedges, dense planting, or changes in grades or walls. 3. • On Street Parking ' In Planned Neon -Residential Developments., on street parking may be.used so long as the road on which the on -street parking is propcised lies' entirely.within'theAmits of the defined Prahned Nonresidential bevelopment 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: parairel 8 feet X :23 feet angled 10 feet X 18 feet: handlicapped (parallei) 12 feet X. 23 feet ' 'handicappdd (angled)'. 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 aree•of 360 square feet. '1=. 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. L7ANDSCAPMG•AND NATURAL FEATURES - 1. Native trees and veget6tfoil and other natural -features shall be preserved to the extent 2. All sensitive environmental •vegetation; trees and areas shall- be preserved to the extent practicable: _ - {° 3. Landscaping fdr off-street parking and loading areas shall meet the minimum requirements of Section 7.09.00. H. OPEN SPACE STANDARDS 'For development -projects of less than ten (10) acres, a minimum of twenty (20) percent of the gross area of land to be committed toa Planned -Non-Residential.Deyelopment must be•tbr use as common open space, which may include • parks, recreation areas, bicycle and = pedestrian paths and facilities, marinas, swimming beaches, common open space, comrneii landscaping or planting areas, or other areas of public purposes other than street or road rights -of -way, utilityeasemehts, excluding exclusive stormwater.tteatment facilities, t Lucie County Land Development Code Aopled'AugLm t., i m 7-17 � �a rnro4gn osii Boa •. -and parking areas. • . , ... _. For development projects of ten (10) acres or more, a minimum of thirty-five (35) percent of the gross area•of land to be.committed to a Planned Non -Residential Development must be for use -as common open space, which may include parks, recreation areas, bicycle and•pedesidan.-paths and facilities, marinas, swimming beaches, common open space, commorf landscaping -or planting areas, :or otherareas qj• public purposes other than •*street•or.road rightsof-way., utility easements,oxciuding exclusive stormwater treatment facilities, and parking areas. At the request of the developer, and subject to the approval of the Board of County Commissioners, use -of recreational facilities may be offered to the general public. A minimum of 15 percent of any existing native upland halphat on the property, must be preserved irrita natural condition as part of the required 35..peiCOht common open space, For each acre of preserved native habitat aboye-the requaced minimum 15 percent that is preserved in its original state, credit shall be given at a -rate of 15Qpercent 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 Proliminary Devdloprrlent Plan forthe,Planned Nonresidential Development. Areas that are floodways, lakes, wetlands, and stormwater retention areas -may be applied to satisfy the total oommon 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 3.501. common open space. As parr of the Final Planned Nonresidential Development submission process, the developer or petitioner for the Planned Nonresidential .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 6r improvements that -have been'placed on it. - All4uch-dedications-or-conveyances_shall-b-e_completed_pilotoissuance of any building permits; including land clearing, for any;portipin of the Planned Nonresidential Development, or, b.... A phased conveyance. of the land.to be used for common open,space to a•public or acceptable private agency that will, upon acceptance,. agree to maintain the common open space and anybuildings, structures or.irnprovements that have been placed on •11. The schedule for the phased conveyance..a,! any such lands to be used'for common open space shall be a specific conditforl' of.approval for the Planned Nonresidential Development. 2. Areas provided or reserved to meet. any: other environmental preservation or protection requirement of this code or other -lawful regulatoryauthgrity may be. counted towards the overall dommbri open space requirement ,.provided that the common open space meets the requirehhents of this -Code. • ' , 3. ' All -land dedicated for common open space shall. be -physically ppd..p the Planned Non- Residential Development. :• St Lude Cow* land Development Coda Adopted Auptpl1.IM 7 -18 iaa,;; l • `M' h fia►t54 PHASING 1. A Planned Non -Residential Development may be developed in more than one (1) stage or phase. 2. If'a Final. Development 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. The final stage or phase shall be completed within ten (10) years of the date of final development plan approval. Any extension of the above requirement is subject to approval by the Board of County Commissioners unless otherwise amended by the Board of County Commissioners. J. SIGNS 1. Signs within any Planned Non -Residential Development located in a Residential or Agriculturally classified land use area shall comply with the provisions of Chapter 9 applicable to the Commercial Neighborhood (CN) Zoning District; provided, however, that the -Board of County Commissioners may condition approval of a Planned Non -Residential Development upon compliance with more stringent sign regulations in order to ensure design consistency throughout the proposed development, to ensure compatibility with surrounding land uses, to ensure public safety and prevent public harm, and to ensure compliance with the St. Lucie County Comprehensive Plan. 2. Signs within any Planned Non -Residential Development located in a commercially or industrially classified Land Use Area. shall comply with the provisions of Chapter 9 applicable in the Commercial General (CG), Zoning District; provided,. however, that the Board of County Commissioners may condition approval of a Planned Non -Residential Development upon compliance with more stringent sign regulations in order tQ ensure design consistency throughout the proposed development, to ensure compatibililj with surrounding land uses, to ensure public safety and prevent public harm, and to'ensure compliance with the St. Lucie County Comprehensive Plan. 't. Lude Coudy LwOevebpme A Code 4Pp1edhVWt 1,1WO 7 -19 itevlsed 7txoiigh 09115/0d_ 7.10.24. Community Architectural Standards. A. General. The Interim Community Architectural Standards set forth in this section are to apply to all areas of the Unincorporated County as minimum criteria for all. new . construction or substantial. expansion to existing buildings or structures in areas zoned Commercial Neighborhood, Commercial Office, Commercial General, Institutional, Religious Facilities,_ Planned Unit Development (Commercial Components Only), Planned Non-residential Development and Planned Mixed Use Development. These design standards are not intended to stifle imagination nor curtail variety but rather they are for the purpose of promoting a more attractive and unified community appearance. B...Site Plan Submission Standards. Application and Review Process Step .1: Submit Preliminary Conceptual Design Drawings and Site Plans to Planning Department In addition to the items required for Site Plan Approval in the Land Development Regulations, the following additional items must also be submitted for review and comment. A. Submittal Requirements. Utilize the Design Standards Checklist provided within this document to indicate the selected design elements. Submit ten (10) sets of preliminary conceptual drawings which include a site plan, architectural elevations of front and sides of proposed building(s), sign plan and elevation, and exterior lighting locations and standards. Building elevations shall indicate building and roof form, windows, doors, materials/colors (include samples in color. "spec" or "cut" sheets), and all other architectural details and elements. Note: The additional. landscaping and sign standards articulated in these standards are more restrictive .than other county codes. B. Staff Review. Staff will review preliminary conceptual drawings and provide written comment at the Development Review Committee Meeting. The applicant can schedule separate preliminary review meetings with staff upon request. Step2• Submit Final Plans After staff review and approval of preliminary conceptual plans, the Development Review Committee (DRC) will review final plans. Upon DRC approval, the Site Plan Application will be processed according to the requirements of Section 11.02.00 of the Land Development Code. Note: These standards are a supplement to the existing site plan review standards. For projects requiring:a Florida registered Architect pursuant to State regulations, final plans shall be signed and sealed. Signed and sealed plans by an Architect are not required when submitting preliminary conceptual drawings, but may be required in order to obtain building permits. C. Interim.Design Standards. Design Standards and Checklist A. Site Plan Standards. [1)2. General Requirements. A. Building Orientation --The main entrance(s) of a building shall be oriented toward the primary street front. B. Building Configuration --Buildings shall be grouped or clustered on parcels having more than. one (1) building. C. Building Length --Length of buildings will be reviewed on a case by case basis. D: Drive-Throughs--Drive-throughs shall not be located between a primary collector/arterial street and a building.. If there is no other option, the drive -through shall be completely screened from view from the street by a continuous screen of vegetation having a height of six (b) feet at time of planting. E.. Pedestrian,and Vehicular Connections and Access --Pedestrian and vehicular connections shall be provided between adjacent parcels and buildings. Cross -access agreement(s) shall be obtained by adjacent property owners. - Interior sidewalks shall inter -connect with -.existing public sidewalks or shall provide stubouts to designated future public sidewalks. A single point of vehicular access shall be provided along the primary street frontage, or ' the minimum driveway separation requirements shall apply. One (1) additional access is permitted if parcel abuts adjacent side or rear street and if distance, requirements are met. F. 136i1ding/Parking Location --Parking is encouraged to be located along the rear and/or side of a building. Parking located along the front of building is permitted provided that at least one-(1) additional architectural element as articulated in paragraph B. of Step 1 in the Site. Plan Submission Standards of subsection B. above, is included in the design of the building. (G. Reserved.) H. Landscape Plan --In addition to other landscape code requirements, the landscape plan shall incorporate the following landscape features: 1. Ten percent (10%) of the groundcover landscaping shall consist of seasonal flowers. 2. A minimum'ten-foot planting space between parking spaces and building and a minimum five0foot planting space between driveways, sidewalks, and buildings shall be provided, 3. Sod coverage shall be limited to fifty percent (50%) of the site landscaping. B. Building Design Standards. 1: Facade-,and-Roof-Design-Commer-cial.Institutional; and ROT Districts -(Industrial -land - --- uses are exempt) A. Prohibited Facade Features and Materials. • large, blank, unarticulated walls corrugated metal siding • plastic siding, plastic laminates • unpainted concrete block/plain concrete walls • irregular modernistic, window shapes • imitation rockwork veneer • plywood • corrugated fiberglass • square, box -like, buildings without articulation of windows or facade. B. Facade Design. Requirements for the articulation of facades shall apply to the.front and sides of all buildings. 1. Articulation --Facade design shall appear as indicated on the approved drawing. Provide varying wall offsets and other architectural features to create horizontal and vertical building articulation. A minimum wall offset of five (5) feet is required to achieve horizont4l facade articulation. A minimum vertical- distance of two (2) feet between facade elements is required to achieve vertical articulation. 2. Out Parcels --All facades of'buildings located on out.parcels shall be considered primary facades and shall therefore require facade. and roof articulation on all sides. Architectural, site, and landscaping design elements shall be consistent with the design elements ofthE primary building with which the: out parcel is associated. 3: Color --As indicated in the Preferred Color ChartCannot read, soft, muted tones shall be used. A building shall have no. more than three (3) colors on all facades. The applicant shall indicate the. color scheme on conceptual and final drawings and shall provide paint color samples with conceptual and final plan submittal. List colors below: Base Color. '✓ 1r � 4- 60& $NAO WrW_ Trim Color(g) -50dt&�A t ►z[ UP�Nt OWW,10 -W 408e RIA� - N Minor variations to the colors shown in the color chart may be approved provided that the general intent of the color pattern is being complied with. one (1) foot of vertical rise for every one (1) foot of horizontal run. Proposed. buildings shall incorporate at least two (2) of the following roof elements or features (Circle two (2) choices): a) Eaves that overhang a minimum oftwo (2) feet with a minimum fascia depth of eight (8) inches. b) Three (3). or more roof slope planes pefprimaryfacade. c) An additional. vertical change in roof height (minimum two -foot change in elevation). d) Dormers or other additional roof elements facing primary street frontage. e) A porch, portion, arcade, or other similar element located at the main building entrance(s). 2. Flat Roofs --Flat roofs .may be.used provided all of the following conditions are met: Peaked. or pitched roof elements shall cover at least fifty percent (50%) of the length of a facade facing the primary street frontage..Mansard roofs and/or cornices (min. twelve (12) inches in height with a min. of three (3) reliefs) may counted.toward meeting twenty-five percent .(25%) of the required horizontal length. Peaked or pitched of elements shall cover at least twenty-five percent (25%) of the sides of a building. b Equipment on roof shall not be visible from an elevation that is horizontal to the ocation of the roof equipment. 0. 6 A porch, portico, arcade, or other similar element shall be located at the main entrance(s). • Roofs with less than a 3/12 pitch (unless full parapet coverage is used). • Back -lit awnings used as a mansard or canopy roof. • . Brightly colored glazed tile. • Roof color that does not conform to color standard. M)H. Rehabilitated or Remodeled Structures-;Design.standards shall apply to properties undergoing redevelopment when the sum of allbuilding costs is. -fifty percent (50%) or more than the. appraised value of the building. The conversion of an existing single family home to a commercial use may trigger therequirement to comply with these standards: Architectural Style - Refer to architectural illustrations. at the end of this document. - if parking is located in front of the building, add one (1) additional architectural design. .List the additional element here, if applicable. The applicant shall choose at least five (5) elements from the following list and shall illustrate the elements on the required .elevation drawings (Circle five (5) choices): (2 1 Predominantly vertical, rectangular, windows Clear glass windows (eighty-eight percent (88%) light transmission or more) 3. Lightly stained/painted wood in a horizontal pattern 4. Arbor 5. Clock tower 6. Bahama shutters 7) Square Columns 8.. Pouch with picket railing 9. Arcade/loggia 10. Cupola 11, Donner 12 Standing seam metal roof 13. Widow's walk 14. Lattice -detailing 15 Stone or stamped concrete pavement at project entry, drop-off, or pedestriancrossing (for-eehundred-thirty..(330)..sf.-minimum).--.-.......--- -- 16. Pedestrian courtyard or plaza (two hundred (200) s£ minimum) 17. Canopy 18. Portico/Porte Cochere 19, Sculpture 20. Raised cornice parapets over doors 21. Arches 22. Display windows 23. Bell tower 24 Frieze/medallion C. Signs and Lighting Standards. 1, Unified Sign Plan. A conceptual signage and sign lighting plan shall be submitted with the site plan review application that complies with these standards. And the Cannot read ofthe .Land development code. 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I INA, :J L N N0 in N N o a . c� j 15 � i� m a Q EPin CL O �' ry 2 ���i4 � gJnebiOo $lelO � � a OY01 419ZN 18419Z 8 8l oOa 9 � ym e 3 m � E R PMB a PNB eNO'I Hi4Od 4 H oo PH Yupiuof, W 3 i6 01 B0D uM &)Id P Iwo $ PH Yloulwo8 uo5 0 eny wew3 c p uopuuof 0� PH uolluuof PH piY of is a C �a a yL pH oull oBuYH 3 �i 3ryq PH uIPIOH ISM O PEI 8 PH OolPe9 E louap PZ-D `e O a �a �J quno� aagoyoea>rp Meetina Time: PUBLIC HEARING NOTICE 9:30AM (or soon thereafter Wednesday, September 28, 2011 AutoZone--BA820114327 John Doe 2300 Virginia Avenue Fort Pierce, FL 34982 Public Hearing Date: Wednesday September 28, 2011 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue Ft Pierce, Florida 34982 Amolkant AutoZone Property Location 101 NE Prima Vista Blvd Port St. Lucie, FI Zoning CO (Commercial Office) COM (Commercial) Staff Recommendation The variance sought arises from conditions that are not unique therefore staff is recommending denial of the requested variance. m �'uijas air 1 d L m Pdma S a o„ a N � A >ro`.yi;�• tisy�'d:`:c:tkZ•`_�$:j>1.'�`,�sU ' RS-� ..........- R84 FS.i.... ♦ /p� a:tN.i w R8.4SOLIDA ♦♦ '..:',1�%'e"�'it'u:�'Y"�y5c';;S'.;,',,''nti�:•j�i:y.l'. Q � DR My`; K if;�!?trf:k°''�:(,: IYUINMi. , � ;. �,:-•.tj4�'.:',°'; ,,i;"fr PNR R -4 �:•�1;:•' s.r� .,� ag Ot ;�'s4)`�„PRIMA�VISTA 6LVD:1i. PRIMA VISTA BLVD y�titi'1�"'`•iti;'�%yip 1 :,u.i : ±: ;;av :..17 �1.:::Ntil co ON e - ' ��f�vS� �i:^t �ar::�.f :,Si�fv .:. T ..• , � s 3a r: ' C"a'?:.F„ �4fi's€' 7'�i `. T�''�.•Y'°' J ca UL ' •iyNa,l �f '•••;;;:-^� �, CI.'Y iiY;'y'' '; RS-4 - d Zoning I%UoioCoen Fort ist.Lueiezoning N re;.��;t.-•(,.Z ; .,k, ,..-.'�• 1 `-�^', �;:. 1 ' . � c` iiL.iiro: " i •. ¢ti ei s;, Su*a Properties Q(:nmreemlel Nekttltx,Monn I-IneOlulronnl e' of). 0omnirmai off& 081- 01wu Suave ReuluuUuuel a SOg ff. notilkegon area t • Illeulution"T HN ,J Mingle l amlly lleRMenMIA ,, • ..w; •, { r 1 Q'=.v}€^: },�; Q'r'^ :�1N`,:.t::..,s::'.�v': ;4!,�q;,:•� �.. PNHn- Hlnnnrn Non•HrsinonuntnrvmnPmrm City of Pori 3f. Lucie H9.4 • Healoclaeil Wimple 1 My (4 Wool Public Hearing Description Petition of AutoZone Primavista for a variance from the provisions of Section 7.05.06 (2)(c), of the St. Lucie County Land Development Code which re- quires all driveways to comply with a 25 foot setback from the property line for a site located at the intersection of Airoso and Prima Vista Boulevard in the CO (Commercial -Office) Zoning District. Lenal Description Lost 35, 36, 37, and 38, Block 43 Of River Park -Unit 5 according to the plat hereof as recorded in plat book 11, page 31, of the public records of St Lucie County Backaround The proposed PNRD Zoning District allows flexibility is the site design for the placement of the building, parking and open space. This is the only di- mensional standard that requires a variance. The St. Lucie County Board of Adjustment has the power to authorize variances from the dimensional requirements of the St. Lucie County Land Development Code, in accordance with the provisions of Section 10.01.00, of the St. Lucie County Land Development Code. All Interested persons will be given an opportunity, to be heard. Written com- ments received In advance of the public hearing will also be considered. Written comments to 'the Board of Adjustment should be received by the Planning and Development Services Department - Plan- ning Division at least 3 days prior to the scheduled hearing. 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List prepared August 12, 2011. Map # Parcel ID Ownerl Lname Owner2 Fname Owner2 Lname Owner2 Fname 1 3419-565-0002-000-5 Antoine Willy 2 3419-565-0003-000-2 Pritchett James E 3 3419-565-0004-000-9 Nowack Paul F Nowack Donna C 4 3419-565-0005-000-6 Roark (TR) Nell J 5 3419-565-0006-000-3 Boyd Errol M 6 3419-540-0034-000-1 Dunnavan James F Dunnavan Gregory J ® Proposed Auto Zone location C:ify of Pnrf Cf I i iMa rivr«r-ocv i i,,+eav" oc %, AutoZone-Prima Vist PRIMA VISTA I Rear & side abutting parcel as listed in spreadsheet ST. -LUCIE COUNTY VARIANCE RESPONSE FORM Please Return To: St. Lucie County Planning and Development Services — Planning Division Attn: Kristin Tetsworth 2300 Virginia Avenue Ft. Pierce, Florida 34982 Fax # 772-462-1581 PROPOSED REQUESTED VARIANCE: Petition of AutoZone Primavista for a variance from the provisions of Section 7.05.06 (2)(c), of the St. Lucie County Land Development Code which requires all driveways to comply with a 25 foot setback from the property line for a site located at the intersection of Airoso and Prima Vista Boulevard in the CO (Commercial -Office) Zoning District. REGARDING PROPERTY LOCATED AT: 101 NE Prima Vista Boulevard If you wish to comment, please check only one of the three following statements and return no later than September 26, 2011. AM IN FAVOR OF THE REQUESTED VARIANCE ............................................ I AM NOT IN FAVOR OF THE REQUESTED VARIANCE .................................... I HAVE NO OPINION TO THE REQUESTED I certify that, as of the date shown below, I am a property owner within 500 feet of the requested variance. Name (Please Print): Address: Date: Signed: Please note that forms returned without a name and address will not be considered. Also note that all returned forms are a matter of public record and available for viewing upon request. (File No.: BA-82011 4327) Form 07-34 DEVE'1 --0i"S . Project: AutoZone Port St. Lucie Meeting Date: September 7, 2011 Facilitator: Eduardo Intriago, P.E: CPH Engineers, Inc. Place/Room: City of Port St. Lucie Community Center-CEOC Room Mamie, Ciimi+ny Phone : Fax �iMail inn+e 77A Page 1 of 1 .. .-. _.....,.,nip•:.; iftMF !f ';•�jt �¢,S, i,�,• ^�' ; t ... ......... In p'' ,"ail; •1 i(.•i �/':I i;!i�-, z� .i t f t e.. ST. LUCIE COUNTY BOARD OF ADJUSTMENT PUBLIC HEARING AGENDA WEDNESDAY, SEPTEMBER 28,.2011 NOTICE OF PROPOSED VARIANCE REQUEST Notice is hereby given in accordance with Section 11.00.03 of the St. Lucie County Land Development Code and in accordance with the Provisions of the St. Lucie County Comprehensive Plan that the following applicants have requested that the St: Lucie County Board of Adjustment consider the following request: PURPOSE: Petition of AutoZone Primavista for a variance from the provisions of Section 7.05.06 (2)(c), of the St. Lucie County Land Development Code which requires all driveways to comply with a 25 foot setback from the property line for a site located at the intersection of Airoso and Prima Vista Boulevard in the CO (Commercial -Office) Zoning District. ADDRESS LOCATION: 101 NE Prima Vista Boulevard LEGAL DESCRIPTION: LOTS 35, 36, 37, AND 38, BLOCK 43 OF RIVER PARK - UNIT FIVE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK.11, PAGE 31, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA Parcel Identification Numbers: 3419-540-0038-000/9; 3419-540-0037-000/22; 3419-540-0036-000/5; 3419-540-0035-000/8 The Public Hearing on this petition will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort. Pierce, Florida, on Wednesday, September 28, 2011 beginning at 9:30 A.M. or as soon thereafter as possible. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Board of Adjustment should be received by the Planning and Development Services Department — Planning Division at least 3 days prior to the scheduled hearing. The petition file is available for review' at the Planning and Development Services Department offices located at 2300 Virginia Avenue, Fort Pierce, Florida, during regular business hours. Please call 772/462-2822 or TDD 772/462-1428 if you have any questions or require additional information. The St. Lucie County Board of Adjustment has the power to authorize variances from the dimensional requirements of the St. Lucie County Land Development Code, in accordance with the Provisions of Section 10.01.00, of the St. Lucie County Land Development Code. Form No. 07-32 The proceedings of the Board of Adjustment are electronically recorded. PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by the Board of Adjustment with' respect to any matter considered at a 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 from time to time as may be necessary to a date -certain.. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk Manager at least forty-eight (48) hours prior to the meeting at (772) 462-1546 or T.D.D. (772)462-1428. Any questions about this agenda may be referred to the St. Lucie County Planning Division at (772) 462-2822. BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA /s/ RON HARRIS - CHAIRMAN PUBLISH DATE: September 14, 2011 Form No. 07-32 1 St. Lucie County Board of Adjustment 2 St. Lucie County Administration Building Commission Chambers 3 July 27, 2011 4 9:30 a.m. 5 6 A compact disc recording of this meeting, in its entirety, can be obtained from the 7 Planning and Development Services Department along with these Minutes. A fee is 8 charged. In the event of a conflict between the written minutes and the compact disc, the 9 compact disc shall control. 10 11 CALL TO ORDER 12 Chairman Ron Harris called the meeting to order at 9:31 A.M. 13 14 ROLL CALL 15 Ron Harris ....................................... Chairman 16 Diane Andrews ................................ Vice Chair 17 Richard Pancoast ............................ Board Member 18 Bob Bangert ..................................... Board Member 19 20 MEMBERS ABSENT 21 Buddy Emerson ............................... Board Member (Excused) 22 23 OTHERS PRESENT 24 Katherine Barbieri ............................ Assistant County Attorney 25 Kara Wood ....................................... Planning Manager 26 Jeffrey Johnson ............................... Senior Planner 27 Beverly Austin .................................. Executive Assistant 28 29 ANNOUNCEMENTS 30 Mr. Emerson has an excused absence. 31 32 Agenda Item #1 — Minutes of June 22, 2011 33 Mrs. Andrews motioned approval of the minutes. 34 Mr. Pancoast seconded and the motion carried unanimously. 35 36 Agenda Item #2 — Petition of Aimee Cablish & Eric Townsend for a Variance 37 from the Provisions of Section 11.05.2.(D) of the St. Lucie County LDC. 38 Jeffrey Johnson, senior planner stated this was a public hearing and legal 39 advertisement was placed in the St. Lucie News Tribune on July 14 and a public 40 hearing notice sign was installed on the property on July 13, 2011. Seven mailing BOA Minutes Page 1 of 4 June 22, 2011 41 notices were sent to property owners within 500 feet of the subject property and 42 to date no objections have been received. The purpose of the variance request 43 is to allow a Class A mobile home to deviate from the minimum roof pitch 44 requirements of not less than 1 foot of rise for each 4 feet of horizontal run as 45 stated in Section 11.05.02.(D) of the Land Development Code. The zoning 46 district designation and land use are AG-5, Agricultural 5 and the subject 47 property is a 1.56 acre parcel located at 13599 C-24 Canal Road. The lot is 48 defined as a legal non -conforming lot of record per Section 10.00.04 of the Land 49 Development Code. Principal and accessory buildings may be constructed on 50 the lot provided that all other applicable land development code requirements are 51 met. The land is vacant and there are currently no dwelling units within one mile 52 of the property. 53 54 Mr. Johnson stated on July 5t" the Board of County Commissioners approved a 55 Class A mobile home permit for Aimee Cablish and Eric Townsend to place a 56 mobile home on the subject property. This approval allowed the mobile home to 57 be defined as a single family home with the condition that the mobile home 58 meets the aesthetic criteria stated in Section 11.05.02.(D). This criteria has been 59 met with the exception of the minimum roof pitch, which requires the applicant to 60 either modify the existing 2/12 roof pitch requirement or obtain a variance from 61 the minimum 3/12 roof pitch requirement prior to the issuance of a certificate of 62 occupancy. 63 64 The requested variance is the result of conditions unique to the structure in 65 question. The applicant purchased the mobile home with an existing 2/12 roof 66 pitch, less than the minimum required 3/12 roof pitch on the property. Modifying 67 the roof pitch requires substantial engineering design to the mobile home which 68 is governed under the Department of Motor Vehicles. This would result in an 69 unnecessary hardship for the owner considering there would be no perceived 70 impact on the neighboring property if the roof pitch is not modified. It should be 71 noted that land development code requirements do not require a minimum roof 72 pitch for a single family home. Staff has reviewed this petition and determined 73 that it conforms to the standards of review as set forth in Section 10.01.02 of the 74 St. Lucie County Land Development Code; therefore, staff is recommending 75 approval of the requested variance. 76 77 Chairman Harris asked the Board if they had any questions for staff. 78 79 No questions were asked of staff. 80 Chairman Harris opened the public hearing. 81 82 Eric Townsend of 361 Johnson Street, Ft. Pierce, was sworn in by the recording 83 secretary. He stated he did not have any questions. BOA Minutes Page 2 of 4 June 22, 2011 84 Chairman Harris asked Board members if they had any questions for Mr. 85 Townsend. 86 87 Mrs. Andrews asked about the application regarding the temporary use of the 88 mobile home until the applicant builds on the subject property; what happens to 89 the mobile home after the permanent home is built. 90 91 Mr. Townsend stated the mobile home comes off; he will try and purchase more 92 property to put the mobile home on and use as a rental. 93 94 Mrs. Andrew stated she would agree to give a variance but with a condition that 95 when the mobile home is moved to another location; it again would meet the 96 criteria for that location. The applicant may have to get another variance. 97 98 Mr. Townsend agreed with Mrs. Andrews' comments. He stated it is temporary, 99 he is trying to do a cash build so no more than 5 years. He is going to work, 100 save and build; he was able to get the property paid for which cut some costs. In 101 this economy he is able to do the build. 102 103 Chairman Harris closed the public hearing. 104 105 Mr. Bangert made a motion to approve: 106 After considering the testimony presented during the public hearing, 107 including staff comments, and the standards of review as set forth in 108 section 10.01.02 of the St. Lucie Land Development Code, I hereby move 109 that the Board of Adjustment approve the petition of Aimee Cablish and 110 Eric Townsend for a variance from the provisions of section 11.05.02(D), 111 of the St. Lucie Land Development Code to allow a Class A mobile home 112 to have a roof pitch of 2/12, less than the minimum required 3/12 roof pitch 113 at 13599 C-24 Canal Road in the AG-5 (Agricultural-5) Zoning District, 114 because it is on a temporary basis and there will be a home built. 115 116 Mrs. Andrews wanted to add the condition —that when the temporary use 117 of the mobile home is over and moved off the property, it has to go 118 through the approval process again. 119 120 Mr. Johnson stated the Board could make a condition of approval in the 121 resolution but that is a standard Code requirement. If they were to move it 122 off the property they would have to comply with Code anyway. 123 124 Chairman Harris stated Mr. Johnson was correct; it the mobile home is 125 moved to a different location. BOA Minutes Page 3 of 4 June 22, 2011 126 Mrs. Andrews asked if this variance would be carried with it. 127 128 Chairman Harris stated the variance is attached to the property at that 129 location. 130 131 Mrs. Andrews withdrew the condition and seconded the motion. 132 The roll was called: 133 Mrs. Andrews ................................... yes 134 Mr. Bangert ...................................... yes 135 Mr. Pancoast................................... yes 136 Mr. Harris ......................................... yes 137 The motion passed 4-0. 138 139 OTHER BUSINESS 140 A. Other Business at Board Members' discretion. 141 None. 142 143 B. Next regular Board of Adjustment meeting. 144 Ms. Wood stated to -date no applications have been received for the 145 up -coming months so the August meeting is cancelled. A notice will be 146 sent out to confirm. 14T 148 Having no further business, the meeting was adjourned at 9:41 am. 149 150 151 BOA Minutes Page 4 of 4 June 22, 2011 Planning and Development Services Department MEMORANDUM TO: Board of Adjustment THROUGH: Kara Wood, Planning Manager Ve FROM: Linda Pendarvis, Planner DATE: September 28, 2011 SUBJECT: Petition of Matthew J. Gierak for a Variance from the Provisions of Section 7.06.02(A) of the St. Lucie County Land Development Code. ITEM NO. II LOCATION: 10725 S. Ocean Drive, #311, Jensen Beach PARCEL ID NUMBER: 4511-501-0057-00013 ZONING DISTRICT: HIRD (Hutchinson Island Residential District) FUTURE LAND USE: RU (Residential, Urban) PARCEL SIZE: 2,078 square feet PURPOSE: The purpose of this variance application is to permit the subject property to be developed with one off-street parking space. Recreational Vehicle Parks located in the HIRD Zoning District require that sites developed with a mobile home shall provide for two off-street parking spaces. SURROUNDING ZONING: The subject property is surrounded by HIRD Zoning District. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The vehicular use right-of-way is designated a 20 foot common use area. SCHEDULED IMPROVEMENTS: None Board of Adjustment Petition: Matthew J. Gierak September 28, 2011 Page 2 of 5 Background The applicant, Matthew J. Gierak, would like to place a 13 foot by 36 foot HUD Park Model (mobile home) with a screen room on the subject property. In 1970 Holiday Out at St. Lucie was platted as a recreational campsite condominium subdivision. On February 20, 1992 the County amended the Land Development Code Regulations to permit Recreational Vehicles, Travel Trailers, Detached Single Family Residences, Class A Mobile Homes and additions thereto, including wood decks, screen rooms, patios and .like accessory facilities to be located in Recreational Vehicle Parks on Hutchinson Island. A mobile home certified .to be in conformity with the Mobile Home Construction and Safety Standards of the United States Department of Housing and Urban Development (HUD), or its successor agency is classified as a Class A Mobile Home within the Land Development Code. -Pursuant to Section 7.06.02(A) the 'required number of parking spaces per a mobile home is two off-street parking spaces. Mr. Gierak is having difficulty complying with this requirement because there is a Florida Power and Light (FPL) 4'X4' transformer box that is located 5.5 feet from the front property line and within the 8 foot side yard as shown in the diagram below. 20' COMMON USE�,.____— — •-�----�-- — —• BEARING BASE N.23'49'31 "W. 476.11'.. (P—F) v N.23'49'31"W. 34.64' (P—C) % -� z °r° ' ✓ , ` ` u \ FPL TRANSFORMER R, IPAAso:: CW •$ ey ro 4 �9 � Board of Adjustment Petition: Matthew J. Gierak September 28, 2011 Page 3 of 5 STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for a variance from the St. Lucie County Land Development Code, the Board of Adjustment shall consider and make the following determinations: 1. The variance requested arises from conditions that are 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 unnecessary hardship for the owner, lessee, or occupant, as distinguished from a more inconvenience, if the Provisions of Chapter 7 are literally enforced; that they are conditions that are not ordinarily found in the same Zoning District, and the conditions are created by the regulations of Chapter 7, of this Code, and not by an action or actions of the property owner or the applicant. The requested variance is the result of conditions that are unique and peculiar to the land involved because there is a FPL transformer box located within the eight (8) foot side yard setback. Minimum Setback Requirements Zoning District Front Setback Left Side Setback Right Side Setback Rear Setback HIRD 10 feet 8 feet 0 Zero 5 feet The subject property is 34.64 feet wide and 60 feet in length. County policy permits one 8'X18' parking space to be located within the 6 foot side yard area for property owners that install a mobile home on their parcel and are required to provide for two parking spaces. Because of the location of the FPL transformer box on the subject property the applicant is limited to the placement of two off-street parking spaces. One 8'X18' parking space is proposed in the required front yard parallel with the front property line. The proposed mobile home is constructed with patio glass doors located on the left side towards the front of the unit. The applicant would like to have a screen room installed to allow access from the mobile home to a covered area. The exclusion of the screen room to allow the second parking space to be placed parallel to the mobile home will leave the patio glass doors opened to inclement weather. The variance sought arises from conditions that are unique, but not necessarily a hardship as defined in the St. Lucie County Land Development Code. The need for the requested variance is created by the FPL transformer box that is located within the eight foot side yard setback and encumbers the location for a second parking space that many property owners within the Holiday Out Recreational Vehicle Park have the option of using for the second parking space. The conditions that require the variance were not created by the regulations of the Land Development Code but by the applicant's choice of development on the subject property. Board of Adjustment Petition; Matthew J. Gierak September 28, 2011 Page 4 of 5 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, create a hazard to air navigation, endanger the public safety, or substantially diminish or impair property values within the neighborhood. The installation of the mobile and screen room is compatible with the existing development patterns of the area, and is not expected to diminish property values in the neighborhood. The property will continue to provide adequate light and/or air to the public streets. Staff observed from a site visit to Holiday Out that very few property owners physically provide for more than one parking space. The applicant provided a letter from the Holiday Out Board of Directors stating that they provide for additional parking in other .areas of the park. 3. The variance requested is the minimum variance that will make possible the reasonable use of the land, building, or structures. The proposed variance is the minimum needed to allow for the installation of the mobile home and screen room as desired by the applicant. The building and site can be redesigned to take advantage of developable area to the northeast and possibly designate a parking space alongside the mobile home. 4. The variance desired will not be opposed to the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan. The requested variance is not consistent with the intent of the St. Lucie County Land Development Code. The requested variance is not in conflict with the St. Lucie County Comprehensive Plan. Recommendation The variance sought arises from conditions that are unique but do not qualify as a hardship as defined in the St. Lucie County Land Development Code. Staff has reviewed this petition and determined that it does not necessarily conform to a strict interpretation of the standards of review as set forth in Section 10.01.02, St. Lucie County Land Development Code. Staff is, therefore, recommending denial of the requested variance. CO.' Matthew J. Gierak, Property Owner Kathie Vaughn, Okeechobee Trailer Sales Katherine Barbieri, Asst. County Attorney File . Board of Adjustment Petition: Matthew J. Gierak September 28, 2011 Page 5 of 5 SUGGESTED MOTION TO APPROVE/DENY THIS REQUESTED VARIANCE: 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 10.01.02 OF THE- ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT APPROVE THE PETITION OF MATTHEW J. GIERAK FOR A VARIANCE FROM .THE PROVISIONS OF SECTION 7.06.02(A), OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE WHICH REQUIRES TWO (2) OFF-STREET PARKING SPACES PER DWELLING UNIT WITHIN RECREATIONAL VEHICLE PARKS LOCATED WITHIN THE HIRD (HUTCHINSON ISLAND RESIDENTIAL DISTRICT) ZONING DISTRICT, BECAUSE... (CITE REASON WHY - PLEASE BE SPECIFIC) MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT DENY THE PETITION OF MATTHEW J. GIERAK FOR A VARIANCE FROM THE PROVISIONS OF SECTION 7.06.02(A), OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE WHICH REQUIRES TWO (2) OFF-STREET PARKING SPACES PER DWELLING UNIT WITHIN RECREATIONAL VEHICLE PARKS LOCATED WITHIN THE HIRD (HUTCHINSON ISLAND RESIDENTIAL DISTRICT) ZONING DISTRICT, BECAUSE... (CITE REASON WHY- PLEASE BE SPECIFIC) ST. LUCIE COUNTY Planning 4 Development Services Department Plannirig"Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 http://www.silu6iec6.6rg/planning/i)lannin.g.htm DEVELOPMENT APPLICATION Prior to submittal, all applications require a pre -application conference. Please contact the Planning Division to schedule an appointment. Submittal Type [check each that aRoliesl Site Plan Rezoning ❑ Major Site Plan ❑ Rezoning (straight rezoning) ❑ Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD) ❑ Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment ElMajor Adjustment to Minor Site Plan Comprehensive Plan Amendment" ❑ Major Adjustment to PUD/PNRD/PMUD ❑ Future Land Use Map Change ❑ Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment ❑ Minor Adjustment to Minor Site Plan Other ❑ Minor Adjustment to PUD/PNRD/PMUD ❑ Administrative Relief Planned Development ❑ Class A Mobile Home 6 ❑ Planned Town or Village. (PTV) ❑ Developer Agreement (Submit per LDC ❑ Planned Country Subdivision (PCS) 11.08.03) ❑ Planned Retail Workplace (PRW) ❑ Power Generation Plants ❑ Prelim. Planned Unit Develop. (PUD) ❑ Extension to Development Order ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Historical Designation/Change6 ❑ Prelim. Planned Non -Res. Develop. (PNRD) ❑ Land Development Code Text Amendment 7 ❑ Final Planned Unit Develop. (PUD) ❑ Plat ❑ Final Planned Mixed Use Develop. (PMUD) ❑ Post Development Order Change ❑ Final Planned Non -Res. Develop. (PNRD) ❑ Re -Submittal # s Conditional Use' ❑ Shoreline Variance ❑ Conditional Use ❑ Stewardships — Sending/Receiving ❑ Major Adjustment to a Conditional Use ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Minor Adjustment to a Conditional Use ❑ Transfer of Development Rights Variance 2 ❑ Waiver to LDC/Comp. Plan Requirements s ❑ Administrative Variance ❑ Appeal of Decision by Administrative Official10 Variance ❑ Variance to Coastal Setback Line Application Supplement Packaaes 1. Conditional Use 5. Class A Mobile Home 9. Waiver to LDC/Comp. Plan 2. Variance 6. Historical Designation/Change Requirements 3. Rezoning / Zoning Atlas Amend. 7. LDC Text Amendment 10. Appeal of Decision by 4. Comp. Plan Amendments 8. Re- Submittal Administrative Official Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). Received By Planning Division AUG 18 2011 Page 1 of 6 Revised June 21, 2010 St. Lucie County FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Planning Division Application Type: Vunqua 67 - Supplemental Application Package No.: (Please provide separate fee calculation worksheet for each application type) BASE REVIEW FEE: $ ��^_y (A) ❑ CONCURRENCY FEE: ❑ ERD REVIEW FEE: ❑ UTILITIES ❑ PER ACREAGE CHARGE: ❑ RESUBMITTAL FEE: (if applicable) ❑ OTHER SUBTOTAL OF BASIC FEES: ❑ PRE -APPLICATION MEETING FEE: (F) $( ) deduction Receipt No. of Payment: Date of Pre App: BALANCE OF FEES DUE: $ 1950. ©b SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code ❑ $950.00 — Methodology Meeting (H) (If Applicable) • Additional fees will be due if a 3�d party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3`d party. • Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures". • Other fees may be applicable by other external reviewing agencies; ie. Fire District and proof of payment will be required prior to project approval. Pre -Application Meeting Request Applicant Name (Printed) Signature of applicant Page 2 of 6 Revised August 11, 2011 Submittal Reauirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. All applications must include the following: ❑ 'Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) ❑ Aerial Photograph — property outlined (available from Property Appraiser's office ❑ . Property Deed ❑ Legal description, in MS Word format, of subject property ❑ Property Tax Map — property outlined (electronic copy not required) ❑ Survey ❑ 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached) O Concurrency Deferral Affidavit; or ❑ Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5,08.02). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: ❑ Site.Plan 24"x36" at a scale of 1"=50' (12 copies- folded, not rolled) ❑ Boundary Survey— Signed and Sealed (12 originals) ❑ Topographic Survey — Signed and Sealed (12 originals) ❑ Landscape Plan — Signed and Sealed (12 originals) ❑ Traffic Impact Report (TIR) (4 copies) if: 0 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) ❑ Environmental Impact Report (4 copies) if: (See LDC Section 11.02.09(5)) o The property is ten acres or greater o The property, regardless of size, contains a wetland; o The property is identified on the "Native Habitat Inventory for SLC"; o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain, o Development on N. or S. Hutchinson Island Development Order Extension Applications only require the following: ❑ . Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02.06) ❑ Updated Traffic Analysis if applicable (4 copies) ❑ Approved Resolution or GM Order *Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it will. invalidate the results of any hearing(s). Page 3 of 6 Revised August 11, 2011 Project Information Project Name: M gTTL-Ijz b 7 T(ilp—ang Site address:�� �' �' Parcel ID Number(s): 95 11 -501 Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on CD) OUT 6T Si k677 fa �b 1V TkEZr r k) GOn2Mndiu Property location — Section/Township/Range: Property size - acres: Square footage: Future Land Use Designation: Zoning District: Description of project: (Attach additional sheets if necessary) Type of construction (check all applicable boxes): ❑ Commercial Total Square Footage: Existing Proposed: ❑ Industrial Total Square Footage: Existing Proposed: 'Residential No. of residential units: Existing Proposed: No. of subdivided lots: Existing Proposed: ❑ Other Please specify: Number and size of out parcels (if applicable): Page 4of6 Revised August 11, 2011 SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicant Information (Property Developer): Business Name: Name: �'i'I�irt1--�jek� Address: (' f r) if) 2 Sr 14aO KinkA<7 (Please use an address that can accept overnight Agent Information: Business Name: Name: A��f_L E 1 s,t t�i L Address: C P tf uy ()4G-1Qr-4406CE FL .4447Y (Please use an address that can accept overnight Phone:packages) packages) Ili . iQ • Fax: pi Fax: rv,., vn , c—, n rrt G I i" Please note: both applicant and agent will receive all official correspondence on this proiect. I Property Owner Information This application and any application supplement will not be considered complete .without the notarized signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said property owner. 0, Property Owner tilgriature Mailing Address: MR11i -tI�0VkfL Propertywner Name (Printed) Phone: q 1A- 30R ~ RSZ,q ( If more than -one owner, please submit additional pages STATE OF ' L , COUNTY OF _1-:i-1 l-lV((° (C The foregoing instrument was acknowledged before me this _I Z day of 0 =(, 5 20 ( 1 by who is personally known to me or who has produced 'O as identification. gnature otary Type or Print Name or Notary Commission Number (Seal) ,�0-ovl` MYCOMMISSION/ EE ON042 Page 5 of 6,n��fi�EXPIRES: FebruaryIII >I01/ INWO�+asww Revised August 11, 2011 Re uired Document Naming List * All electronically submitted documents must be formatted and named according to the list below. If your submittal includes a document not on the list, the document name shall clearly reflect the content of the submitted document. Document Document Format Required Name on CD Aerial Photo rah PDF Aerial. df Application PDF Application.pdf Approval Order PDF ApprovalOrder.pdf Architectural Elevations PDF ArchElev. df Boundary / Topographic Survey PDF BoundaryTopo.pdf Drainage / Stormwater Plan PDF Draina ePln. df Easements PDF Easements. df Environmental Impact Report PDF or Word EIR. df or EIR.doc Existing Condition Plan PDF Existin Cond. df Flood Plain PDF or Word Flood. df or Flood. Doc Landscape Plan PDF Landsca e. df Legal Description Word Le al.doc Lighting Plan PDF Lighting.pdf Mitigation Plan PDF Miti ation. df Mobile Home Plans PDF or Word MobileHome. df or MobileHome.doc Paving Plan PDF Paving,pdf Permit External PDF Permit. df Plat PDF Plat. df or Plat.doc Property Deed PDF Deed. df Site Plan PDF SitePlan. df Traffic Impact Report PDF or Word TIR. df or TIR.doc Tree Survey PDF Tree. df Turtle Protection PDF or Word Turtle. df or Turtle.doc Utiliity Plan PDF Utiliit . df Ve etation Removal Application PDF Ve etation. df Page 6 of 6 Revised August 11, 2011 ..OMMON USE _ JG BASE —� 476.11' (P--F) 4 'W. 34.64' (P-C) C4 w FPL TRANSFORMER 4b iRe Supplement 2 Varrlance Application SuRplement, Refer to St Lucie County Land Development Code (LDC) Section 10.01.00 for details 1. 1 (we) do hereby petition the St. Lucie County Board of Adjustment for the following Variance from the LDC. (State the variance sought and the section from the LDC from which the variance is requested.) One parking place at at Holiday Out Lot 311 2. What is the purpose of the proposed variance and the intended development of the subject property if the variance is granted: Because of an existing FPL transformer location in the 8' setback 3. State the specific hardship imposed on the owner by the LDC? owner will only be granted one parking spot 4. State reasons why this hardship is unique to the owner and why other property similarly situated does not suffer from the same hardship. Location of FPL transformer box not on any surrounding properties. 5. State reasons why this variance will not be injurious to other property and/or improvements in the neighborhood in which the subject property is located. Per FPL 6. State reasons why this variance will not increase traffic, the danger of fire, or impair property values in the neighborhood in which the subject property is located. Showing of improved property on paper only. 7. Stdte why this variance is the minimum variance that will make possible a reasonable use of the land, building and structures. Unit owner would like to utilize full enjoyment of said property as stated in Condo docum C Page 1 of 3 Revised: May 27, 2010 Supplement-2 8. Explain how this proposed variance is consistent with the general spirit of the LDC and the St. Lucie County Comprehensive Plan. Full use of proposed property. 9. Is this variance re uest located within a Homeowners or Property Owners Association? YES In NO n If yes, then letter is required. • For any variance request within an area that has a Homeowners or Property Owners Association, a letter from that Association is required stating their position regarding the variance request. 10. Name of Association Holiday Out At St. Lucie 11. Is there a letter from that association attached? YES ❑ NO • Please attach a diagram of the property showing the dimensions of the lot and all other dimensions necessary to understand this application. Per LDC Section 10.01.04(A)(7) 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. Except for non-residential accessory structures in AG-1, AG-2.5 and AG-5, if the application is for 100% variance from the road frontage requirements, proof of recorded legal access shall be furnished with the application. • I (we) have reviewed LDC Section 10.01.00, including the questions to be answered by the applicant for a variance and will be prepared to answer these questions at the public hearing. Kathie Vaughn Applicant or Agent Name (printed) Page 2 of 3 Revised: May 27, 2010 Signature Property Appraiser - St.Lucie County, FL. Matthew J Gierak (TR) Record:1 of 1 Property Identification Site Address: 10726 S OCEAN DR Sec/rown/Range: 11 :37S :41E Map ID: 45/11G Zoning: HIRD Ownership and Mailing Owner: Matthew J Gierak (TR) Address: 180 Kensington Way Royal Palm Beach FL 33411 Sales Information Date Price Code Deed 6/14/2011 100 0111 QC 2123/20D4 82600 00 WD 8/1/1984 11300 01 CV 4/1/1982 18000 00 CV 11/1/1971 5060 01 CV No Sketch PROPERTY RECORD CARD <<Prev Next» Spec.Assmnt Taxes Exemptions Permits Home Print \11CIE ParcellD: 4511-501-0057-000-3 Account #: 123217`r' Land Use: Vac Res f City/Cnty: St Lucie County Legal Description HOLIDAY OUT AT ST LUCIE BLK B LOT 12 AND EQUAL PRO-RATA INTEREST IN COMMON ELEMENTS (OR 1908-1620; 3 More.•. Assessment 2011 TRIM Total Land and Building Book/Page 2011 TRIM: 40300 Land Value: 40300 Acres: 0.04 3301 / 2675 Assessed: 40300 Building Value: 0 1908 / 1620 Ag.Credit: 0 Finished Area: 0 SgFt 0441/0574 Exempt: 0375/2171 Taxable: 0197 / 2156 Taxes: 842.54 BUILDING INFORMATION Available Exterior Features View: - RoofCover: - RoofStruct: - ExtType: - YearBlt: Frame: - Grade: - EffYrBit: PrimeWall: - StoryHght: No.Units: SecWall: - Interior Features BedRooms: Electric: - PrmintWall: - FullBath: HeatType: - AvgHUFI: 1/2Bath: HeatFuei: - Prm.Flors: - %A/C: %Heated: %Sprinkled: Special Features and Yard Items Land Information Type Y/S Qty. Units Qual. Cond. YrBlt. No. Land Use Type Measure Depth 1 0000 Vac Res BI -Site 1 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. http://www.paslc.org/prc.asp?prelid=451150100570003 8/23/2011 JOSEPH E. SMITH, CLERK OF THE C1RGUlT t:UUt X — UaLWX JaVUIZ t:VUN-Xz FILE ff 3601081 OR BOOK 3301 PAGE 2675, Recorded 06/20/2011 at 08:35 AM Doc Taut: $0.70 Prepared by and Return to: PORATH & BARBUTO, P.A. 12773 Forest Hill Blvd., Suite 101 Wellington, FL 33414 561/798-2907 THIS QU1lT-CLAIf4 D ED, Executed Ills If day Ju7tf. a11, y MATT W JUH UIEKAtc, man, Grantor, first to MATTHE JO N Gi Ae ha MATTH J OIERAK ABLE TRUST, dot J e 14, 2011 sec dfbll power and a r to protect, end ro sell rtq 1 , o encum , or thenvi fitspose of the real described S.6 .071, hose tfice toss' K Way, Royal oa 3411. W SETH, That the said party, for and in canaideretion of the sum of $10.00 in hand paid by the said second party, the receipt whereof Is hereby acknowledged, does hereby remise, release and quit -claim unto the said second party forever, all the right, title, interest, claim and demand which the said Brat party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of St. Lucie and State of Florida, to wit; Condominium Parcel; Block B, Lot 12 of HOLIDAY OUT AT ST. LUCiE, a Condominium according to the Declaration of Condominium recorded In Official Records Book 168, Page(s)1348, of the Public Records of St. Lucie County, Florida. As provided for by the Condominium Act of the Statutes of the State of Florida (Chapter 711, at seq 1065) said description in the conveys= includes, but is not limited to, all appartenances to the condominium parcel above described, and including the undivided common elements assigned thereto, and including the undivided interest in the common -10 amen . Condomi Su to restri ions, at and menu f record, if an , an x subsequ t to 011. IN THEE E death of the s the fo lowi g persons are omin su r cos in rftheir listing. The fi ng a death cortlfl to o the on line Trustee on ith an A da t of oceptance first Successor Trust she I be effective to eat t tie to h in. ng of a d certificate a su sor trustee 4flidavit of Non-Acce by a succe T tee, along it of Accepts b an Alternate kor Trustee sh" a ell to vest titi n s Is Aftuoc ossor Trustee. Successe Tnr : DANA- -'f1O-H*VE-AND TO HOILD--Tltt'same togethe W1iF-4tt 8W singular the ea t iiu Mcrounto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said fhst party, ohher in law or equity, to the only proper use, benefit and behoof ofthe said second party forever. IN WITNESS WHEREOF, The said first party has signed and sealed these presents the day and year first above written. M a- a -A MATTHEWJOHN�RAK i Dy i hereby certify that on this day, before me, an officer duly authorized to administer oaths end take acknowledgments, personally appeared MATTHEW JOHN GIERAK, known to me to be the person described in and who executed the foregoing instrument, who acknowledged before me that she executed the same, that I relied upon the following fbrm of identification of the above -named person: KFlorida Drivers' License o personally known, and that an oath (was) (was not) taken. Witness my hand and official seal in the County and State last aforesaid this day of June A.D., 2011. A11ttI011Y t1g11AK nAltlYto MY 00MMMlgl1 r Off 151af a BxPIREtgpabraa,sot: Municode 23 7.06.01. - Generally. A. Purpose. The requirements of this Section are intended to insure that every building, structure, or use erected or instituted, except for bona -fide agricultural uses and buildings, shall be provided with adequate off-street parking facilities for the use of occupants, employees, visitors, and patrons, and that certain uses be provided With adequate off-street loading facilities, thereby reducing congestion to the public streets and promoting the safety and welfare of the public. B. Existing Uses/Changes in Use. Buildings or structures existing as of the effective date of this Code may be modernized, altered, or repaired without providing additional off-street parking or loading facilities, provided there is no increase in floor area or capacity and no change of use. Except that when building alterations consist of an expanded entry or vestibule, or increased storage area not occupied by employees, customers, or other persons, the expansions may be permitted without additional parking so long as the total Increased floor area does not exceed ten percent (10%) of the gross floor area of the building• prior to the alterations. Effective March 1, 1999, any change in use to an existing building or structure, will require that all on -site parking and loading facilities be brought Into full compliance with the provisions of this Code, except as otherwise provided here in Section 7.06.00, as it may amended from time to time. If it is determined by the Growth Management Director that it is not possible to meet the numeric or parking stall width parking requirements of this Code due to the size or configuration of the existing parcel, the Growth Management Director may grant administrative relief, subject to determining consistency with the Standards of Review set out in Section 10.01.02, to the number or parking stall width of parking spaces to be required. Any such administrative relief shall be specific to the parcel or property in question and shall be the minimum necessary to address the particular problem. Any such administrative relief shall Include specific findings of fact and shall be issued in a manner and form that is acceptable to the County Attorney. Any determination for relief that is made by the Growth Management Director shall be recorded in the public records of St. Lucie County. The Growth Management Director's authority to grant administrative relief as provided in this subsection shall be limited to a maximum reduction of ten percent (10%) of the minimum required standard. In addition, the Board of County Commissioners may grant specific additional relief from the parking standards due to environmental considerations, such as micrositing for large trees, for mass transit considerations, such as providing transit stops in an area to be served with mass transit services, and superior design considerations determined exceeding the minimum requirements of the Land Development Code. All other requirements of this Code relating to parking surfaces, perimeter and interior landscaping and stormwater management shall be met, unless varied in accordance with the provisions of Section 10.00.00 of this Code. For the purposes of this Section, "change in use" shall mean any change in use or activity that requires the issuance of a new zoning compliance. The provisions of this paragraph shall not apply for those changes in use interior to a common shopping center or similar multi-user building or structure provided that no additional parking is required by the proposed change in use. C. Expansion of Structure. The proposed expansion in floor area, volume, capacity, or space occupied of any structure existing on or before July 1, 1984, shall require compliance with all off-street parking and loading requirements contained in this Code to be met for both existing and new or expanded structures, except as otherwise provided here in Section 7.06.00 D. Requirement for all Weather Surface for all Required Off -Street Parking and Vehicular Use Areas. All required off-street parking spaces, access aisles, vehicular use and off-street loading areas constructed, expanded or altered after March 1, 1999, shall be constructed with an all weather surface meeting the requirements of the St. Lucie County Public Works Department. The permitted impervious surface materials shall be concrete, asphalt, brick pavers, stamped concrete, or paving block. Pervious paving systems and grass paving systems shall be permitted when the paving systems and materials are approved by the County Engineer. Stabilized unpaved parking areas may be permitted at locations outside of the urban service area upon approval of the County Engineer, so long as parking spaces, accessways, and driveways are clearly marked and the vehicular/pedestrian circulation system is safe. The County Engineer shall publish a list of commercially available paving systems of pervious and impervious paving materials that are approved for use. The County Engineer shall approve design material and specifications on each site. E. Nonconforming Uses. When repairs and alterations are to be made in a building occupied by a nonconforming use, all off-street parking requirements contained in this Code shall be met if the cost of repairs and alterations exceed fifty percent (50%) of the assessed value of the building and structures. F. Administrative Relief. The Growth Management Director's authority to grant administrative relief as provided in this subsection shall be limited to a maximum reduction of ten percent (10%) of the minimum required standard. In addition, the Board of County Commissioners may grant specific additional relief from the parking standards due to environmental considerations, such as micrositing for large trees, for mass transit considerations, such as providing transit stops in an area to be served with mass transit services, and superior design considerations determined by exceeding the minimum requirements of the Land Development Code. 7.06.02. - Off -Street Parking. A. http://library.municode.com/print. aspx?clientlD=14641 &HTMRequest=http%3 a%2f%2fli... 8/23/2011 Municode 23 Required Off-Strest Parking. The following off-street parking shall be provided for the uses described in Table 7-20: TABLE 7-20 Use Required Number of Comments Parking Spaces Detached Single Family 12.0 spaces per dwelling unit For detached Ingle family welling units, except as otherwise noted herein, paved parking paces and/or driveways are not required, xceptthat driveway connections to any street or road must omply with F Section .05.06(C)(1) 1). For etached ngle family welling units n lots of 1.5 cres or less nd in AG tanned Unit evelopments, aved parking )aces and riveways are squired in ddition to any arage parking squired, nless the lots re located in n agriculture oning district nd are part of n agricultural peration, or ie lots onnect to an npaved ountv road. aterials ?rmittec ?re in http://library. municode. com/print. aspx?clientlD=14641 &HTMRequest=http%3 a%2f%2fli... 8/23/2011 Municode 23 Family Dwelling efficiency and one 1.5 spaces per dwelling unit, plus 1 For multi - bedroom space per 10 dwelling units for guest family parking. dwelling units, up to 1/2 pace per welling unit may be stabilized grass parking. Parking lot urfacing shall onsist of ving systems Impervious in or more bedrooms 2.0 spaces per dwelling unit, plus 1 For multi - pace per 10 dwelling units for guest family parking. dwelling units, up to 1/2 pace per welling unit may be stabilized grass parking. Parking lot an( riveway urfacing shall onsist of paving impervious Ipaving permitted in Section 7.06.01 D . Home Park 2.0 spaces for each mobile home, For mobile plus any additional spaces required to home park ervice accessory buildings or parking spaces structures, plus required parking for nd driveways all other uses on the site. hall be paved ith either Dervious or http://library.municode.comlprint.aspx?clientlD=14641 &HTMRequest=http%3a%2f%2fli... 8/23/2011 Municode 23 Recreational Vehicle Park 1.0 space per lot not including the Any recreational vehicle. Each space shall Recreational . be a minimum of 8' X 18'. Vehicle that is in any way altered, modified, added to, converted or replaced with detached single family welling unit must provide two (2) off- street parking paces. Each parking space may be8'X IS' and each pace shall be usable. Hotel/Motel Units 1.1 spaces for each guest room, plus Parking lot 10 spaces per 1,000 square feet of surfacing shall floor area for restaurants and lounge consist of areas. either pervious paving systems r impervious paving materials permitted in Section 7.06.01 D . Resort Hotel (ITE Land Use Code 330): Providing 1.4 spaces per room plus required Either sleeping accommodations, restaurants, cocktail parking for any other uses located on pervious lounges, retail shops, guest services catering the site. paving systems specifically to the tourist and vacation industry or impervious providing a wide variety of recreational facilities paving and programs (such as beach access, tennis, golf, materials etc.), rather than catering mainly to the permitted in onvention and meeting industry. Resort hotels Section re often located in beach, suburban, and outlying 7.06.01(D) locations on larger lots than other hotels. shall be used o surface parking areas and driveways. Religious Facilities 15 spaces per 1,000 square feet of For religious chapel or sanctuary floor areas facilities, seventy-five percent (75%) f total parking requirement may be stabilized grass parking. http://library.municode.comlprint.aspx?clientID=14641 &HTMRequest=http%3a%2f%2fli... 8/23/2011 Municode 23 of Public assembly, such as theaters iums and similar uses Elementary and Middle School spaces for every 1,000 square feet floor area used for public assembly d/or seating. rcent (75%) the total rking juirement ty be rvious ving systems rmitted in spaces for impervious in %U be used surface rkine areas spaces for each classroom. r impervious paving materials permitted in Section 7.06.01(D) hall be used o surface parking areas and driveways 5 spaces for each classroom JAR schools and olleges shall for the ng of les and non- rized �s of portation. a areas be aible the iry traffic lation ork and be http://library.municode.cornlprint.aspx?clientID=14641 &HTMRequest=http%3a%2f%2fli... 8/23/2011 Municode 23 rsing and Convalescent Homes, ne facilities and related uses Clinics, outpatient, emergency and is care .5 spaces for each bed. 45 spaces per 43 spaces per 1,000 sq. ft. gross )or area :atea so as provide nvenient cess from all uctures on education e. Either rvious ving systems impervious rmitted in ction )6.01(D) all be used surface rking areas d driveways. ;her rvious ving systems impervious ving ?terials rmitted in ction D6.01(D) all be used surface rking areas d driveways. :her rvious wing systems impervious wing aterials wmitted in ,ction 06.01(D) all be used surface irking areas id driveways. ther ?rvious iving systems impervious aving aterials ?rmitted in action 06.01(D) call be used i surface irking areas http://library.municode.com/print.aspx?clientlD=14641 &HTMRequest=http%3a%2f%2fli... 8/23/2011 Municode 23 Medical and Dental Offices 7.0 spaces per 1,000 sq. ft. gross Either floor area pervious paving systems r impervious paving materials permitted in Section 7.06.01(D) hall be used o surface parking areas and driveways. Movie Theater 0.36 spaces per seat Either pervious paving systems r impervious paving materials permitted in Section 7.06.01(D) hall be used o surface parking areas and driveways. Roller Skating Rink 5.8 spaces per 1,000 sq. ft. gross Either floor area pervious paving systems r impervious paving materials permitted in Section 7.06.01(D) hall be used o surface parking areas and driveways. Health, Fitness Club 5.2 spaces per 1,000 sq. ft. gross Either floor area pervious paving systems r impervious paving materials permitted in Section 7.06.01(D) hall be used o surface parking areas nd driveways. Recreational Community Centers, including public 3.8 spaces per 1,000 sq. ft. gross Either indoor facilities YMCA and similar facilities floor area pervious aving systems r impervious paving materials http://library.municode.con/print.aspx?cl ientID=14641 &HTMRequest=http%3 a%2f%2fli... 8/23/2011 Municode 23 Care Centers braries Store (ITE Land Use Code 820) 2 spaces per 1,000 sq. ft. gross )or area spaces per 1,000 sq. ft. gross r area spaces per 1,000 sq. ft. gross floor spaces per 1,000 sq. ft. gross floor ,ea, plus one space per 1,000 sq. ft. -oss floor area overflow parking in all be used surface rkine areas ring systems Impervious ving iterials rmitted in )section M.01(D) ill be used surface rkine areas ving systems impervious ving iterials rmitted in ction M.01(D) all be used surface rking areas ving systems impervious ving iterials rmitted in :tion )6.01(D) all be used surface rkine areas ring systems impervious ring aerials rmitted in all be used surface rkine areas http://library.municode.comlprint.aspx?clientlD=14641 &HTMRequest=http%3a%2f%2fli... 8/23/2011 Municode 23 free standing Rural. Sites: 2.5 spaces per 1,000 sq. t. gross floor area Within Urban Service Area: 4.7 spaces per 1,000 q. ft. gross floor area, plus 0.5 space per 1,000 sq. ft. overflow parking alkable Urban Centers: 3.2 spaces per 1,000 sq. ft. gross floor area Improvement, Toy/Children's and E Store (retail) spaces per 1,000 sq. ft. gross r area spaces per 1,000 sq. ft. gross floor -king shall surfaced ng gross rers. or aterial that compatible th shopping Impervious ring iterials rmitted in )6.01(D) ill be used surface rking areas d driveways. erflow rking shall surfaced ng grass vers, or filar rvious aterial that compatible th shopping impervious ving iterials rmitted in )6.01(D) sit be used surface rking areas impervious http://library.municode.comlprint.aspx?clientlD=14641 &HTMRequest=http%3 a%2f%2fli... 8/23/2011 Municode 23 materials permitted in Section 7.06.01(D) hall be used o surface parking areas and driveways. Video Rental Store 3 spaces per 1,000 sq. ft. gross floor Either rea pervious paving systems r impervious paving materials permitted in ection 7.06.01(D) hall be used o surface parking areas and driveways. Banks Walk-in 2.5 spaces per 1,000 sq. ft. gross Either floor area pervious paving systems r impervious Drive in/Walk-in Suburban 5 spaces per 1,000 sq. ft. gross floor paving materials area permitted in Section 7.06.01(D) Urban and walkable developments 4.2 spaces per 1,000 sq. ft. gross shall be used floor area to surface parking areas and driveways. Dry Cleaners 3 spaces per 1,000 sq. ft. gross floor Either area pervious aving systems r impervious paving materials ermitted in Section 7.06.01(D) hall be used o surface parking areas nd driveways. Restaurant, low turnover (ITE land use code 931) .17 spaces per 1,000 sq. ft. gross floor Either area pervious aving systems Restaurant, high turnover (ITE land use code 932) 13 spaces per 1,000 sq. ft. gross floor area r impervious aving Restaurant, high turnover, with bar or lounge 16 spaces per 1,000 sq. ft. gross floor area aterials ermitted in Fast Food Restaurant hamburger service without 12 spaces per 1,000 sq. ft. gross floor rive through window ITE Land Use Code 933area ection 7.06.01(D) Fast Food Restaurant non -hamburger service 8 spaces per 1,000 sq. ft. gross floor without drive through window area hall be used http://library. municode.comlprint. aspx?clientlD=14641 &HTMRequest=http%3 a%2f%2fli... 8/23/2011 Municode 23 Fast Food Restaurant with Drive Through Window, 10 spaces per 1,000 sq. ft. gross floor to surface hamburger service area parking areas and driveways. Bars and Nightclubs 10 spaces per 1,000 sq. ft. gross floor Either area pervious paving systems r .impervious paving materials permitted in Section 7.06.01(D) hall be used o surface parking areas and driveways. Golf Courses 8.7 spaces per hole Either pervious paving systems r impervious paving materials permitted in Section 7.06.01(D) hall be used o surface parking areas and driveways. Marinas 0.75 spaces per berth Either pervious paving systems r impervious paving materials permitted in Section 7.06.01(D) hall be used o surface parking areas nd driveways. General Office Building less than 250,000 sq ft 3.5 spaces per 1,000 square feet of Either floor area. pervious aving systems r impervious paving . materials permitted in ection 7.06.01(D) hall be used o surface parking areas and driveways. ore than 250,000 sq ft. 3.0 spaces per 1,000 square feet of Either floor area. pervious paving systems http:lllibrary.municode.com/print. aspx?clientlD=14641 &HTMRequest=http%3 a%2f%2fli... 8/23/2011 Municode 23 I Business or Personal Service ;hments ood Stores other than superm impervious ring iterials rmitted in %U be used surface rking areas ,0 spaces per 1,000 square feet of For shopping oor area. centers and other mixed occupant commercial buildings under a unified site plan in excess f 50,000 square feet, he general parking standard of 5 paces per 1,000 square feet may be used in lieu of he specific use standards et out in this Section. Either pervious paving systems r impervious paving materials permitted in Section 7.06.01(D) hall be used o surface parking areas and driveways. .0 spaces per 1,000 square feet of (Either oor area. pervious Impervious in all be used surface rkin$ areas httpc//library.municode.corn/print.aspx?clientID=14641 &HTMRequest=http%3a%2f%2fli... 8/23/2011 Municode 23 General Financial Facilities 5.0 spaces per 1,000 square feet of Either floor area. pervious paving systems r impervious paving materials permitted in Section 7.06.01(D) hall be used o surface parking areas and driveways. Furniture Stores 2.0 spaces per 1,000 square feet of Either floor area. pervious paving systems r impervious paving materials permitted in Section 7.06.01(D) hall be used o surface parking areas and drivewa s. Mortuaries and Funeral Homes 10.0 spaces per 1,000 square feet of Either floor area. pervious paving systems r impervious paving materials permitted in Section 7.06.01(D) hall be used o surface parking areas and drivewa s. Gasoline Service Stations 3.0 spaces per station; plus 2.0 Either paces per vehicle service bay. pervious paving systems r impervious paving materials permitted in ection 7.06.01(D) hall be used o surface parking areas and drivewa s. Industrial Park 1.85 parking spaces per 1,000 sq. ft. Either gross floor area pervious paving systems r impervious paving materials http://library.municode. comlprint.aspx?clientID=14641 &HTMRequest=http%3 a%2f%2fli... 8/23/2011 Municode 23 2 ng .2 spaces per 1,000 sq. ft. gross oor area Industrial (less than 100,000 sq. ft. 2.0 spaces per 1,000 square feet of loor area. than 100,000 sq. I1.0 spaces per 1,000 square feet of Floor area. than 150,000 sq. ft. 2.0 spaces per 1,000 square feet of loor area. rmitted in rtion )6.01(D) sll be used surface rkine areas impervious kving aterials ?rmitted in ill be used surface rkine areas impervious ving iterials rmitted in ill be used surface rkine areas impervious ving iterials rmitted in ill be used surface rkine areas impervious wing sterials rmitted in ction D6.01(D) all be used surface http://library.municode.com/print.aspx?clientID=14641&HTMRequest=http%3a%2f%2fli... 8/23/2011 1 Municode 23 ..._........ ... _. ad in lieu of specific standards : out in this :tion. Either rvious ving systems impervious ving iterials rmitted in Rion )6.01(D) ill be used surface rkinR areas For any uses not specifically mentioned, the requirements for off-street parking shall be the same as hose for the use that is most -similar to the unmentioned use. Such determination shall be made by the Growth Management Director. The Growth Management Director shall utilize additional, professionally recognized standards, such as but not limited to those promulgated by the Institute of Transportation Engineers and the American Planning Association, in the determination of these requirements. B. Off -Street Parking Regulations, 1, Design Standards, http://library.municode. com/print. aspx?clientID=14641 &HTMRequest=http%3 a%2f%2fli... 8/23/2011 Municode 23 FIGURE 7-23 TYPICAL PARKING PLAN/ MINIMUM DIMENSIONAL STANDARDS 15 R REQUIRED LA NDSCA PE S7R/4 fg €t. ILI 26 €t. 18 €t I I I .y f 0 €t. I I h, I "i � I 16 €t (with 2 €t-L overhang) r � I I rn t I I ---r�r I a. The minimum size of a parking stall shall be as follows: standard: ..... 10 feet X 18 feet angled: ..... 10 feet X 18 feet parallel .....8 feet X 23 feet handicapped .....12 feet X 18 feet (F.S. § 316.1955(3)) Two (2) feet of the required eighteen (18) feet provides for the overhang of the front of the vehicle beyond the front wheels, and therefore may be in grass instead of pavement if that two (2) feet is not included in any other required landscape or separation area, and if wheel stops or curbs are used to prevent vehicular encroachment into the two -foot area. Angled parking may be used consistent with the method of measurement identified in Figure 7- 23. b. All off-street parking shall be designed with access aisles In accordance with the Table 7-21 below: TABLE 7-21 MINIMUM PARKING ACCESS AISLE DIMENSIONS Angle of parking (degrees)Two-Way Aisle Width feet One -Way 90 26 26 75 22 22 60 20 20 5 120 116 30 120 116 http://library.municode.comlprint.aspx?clientlD=14641 &HTMRequest=http%3 a%2f%2fli... 8/23/2011 Municode 23 0 (parallel) 120 116 C. Off-street parking facilities, including access drives and aisles for all multi -family, including two- family and three-family dwellings, and non-residential uses, shall be paved using pervious and impervious materials permitted pursuant to Section 7.06.01(D) and shall be marked either by painted lines, precast curbs, or in a similar fashion to indicate parking spaces. d. No paving or vehicular use area, other than shared entrance or exit drives located in accordance with Section 7.05.06, shall be installed within ten (10) feet of adjoining property or within fifteen (15) feet of any road right-of-way frontage, and said unpaved area shall be landscaped in accordance with Section 7.09.00 e. All off-street parking areas shall be designed so that motor vehicles can exit without backing into a street, except for single-family, two-family and three-family dwellings. f. Handicapped parking shall be provided as required the Standard Building Code and F.S. §§ 316.1955 and 316.1956. The number of designated handicapped parking spaces shall be determined as follows (Table 7-22): TABLE 7-22 HANDICAPPED PARKING REQUIREMENTS Total Number of Required Parking Spaces Number of Required Handicapped Parking Spaces* - 15 1 16-25 2 26. 50 2 51 - 75 3 76 - 100 101 - 150 5 151 - 200 6 201 - 300 7 301 - 400 8 01 - 500 9 501 - 1,000 2% of total required parking 1,000+ . minimum of 20, plus 1 additional space for each 100 parking spaces over 1,000 *: The number of required handicapped parking spaces may be included within the gross "number of required parking spaces. Parallel spaces that are being used for handicapped purposes, shall be located at the beginning or end of a block. Curbs adjacent to such spaces shall be of a height which will not interfere with the opening and closing of motor vehicle doors. All handicapped parking spaces shall be appropriately outlined with Blue Painted lines, minimum four (4) inches wide, and shall be posted with the international symbol of accessibility. Handicapped accessible spaces shall meet the minimum design, signing and marking standards of the Florida Department of Transportation, and shall generally be located as depicted in Figure 7-24. http://library.municode.comlprint.aspx?client)D=14641&HTMRequest=http%3a%2fOlo2fli... 8/23/2011 Municode 23 FIGURE 7-24 HANDIO f0 MEE' STATE A HEOULA ALL HANDICAPPED PARK STRIPING DETAILS, SIGH SHALL BE IN ACCORDAN REQUIREMENTS OF SEC FLORIDA STATUTES ANC DISABILITIES ACT. http://library.municode.com/print. aspx?clientlD=14641 &HTMRequest=http%3a%2f %2fli... 8/23/2011 Municode 23 15 Ft. Required Landscape Buffer N X m m 41 s 0 r Z m fry FIGURE 7-23 TYPICAL PARKING PLAN/ MINIMUM DIMENSIONAL STANDARDS 2 Ft. overhang Ft i► �.......... . ......:.. _ _....... _...... ....._.... ----. Required Interior Landscape Area minimum required size - 180 square feet 7. u. All handicapped spaces shall have an adjacent access aisle sixty (60) inches wide. Two (2) handicapped parking spaces may share a common access aisle. All spaces shall have accessible thereto a curb -ramp or curb -cut, to allow access to the building served and shall be located so that users would not be compelled to wheel behind parked vehicles. g. Access for emergency fire vehicles shall be in accordance with NFPA standards. h. All directional and regulatory signage and all pavement markings shall be in accordance with the "USDOT Manual of Uniform Traffic Control Devices." I. No more than ten (10) parking spaces shall be permitted in a continuous row without being interrupted by a minimum landscape area of one hundred eighty (180) square feet for single row parking or three hundred sixty (360) square feet for double row parking (see Figure 7-23). j. Vehicle Queuing Areas. (1) Adequate vehicle storage areas shall be provided at all drive -through and access regulating facilities. A vehicle queuing area is to be a minimum of ten (10) feet by twenty- five (25) feet. Minimum vertical clearance of fourteen (14) feet shall be required unless provisions for an unrestricted pass area are made. (2) No vehicle queuing area may block any other parking stall, access aisle, driveway or off- street parking facility. (3) All vehicle queuing measurements shall commence from the drive -through service window. In the case where two (2) service windows are provided, the measurement shall commence at the second window from which services are provided. (4) The following table identifies the minimum amount of vehicle storage space that must be - provided with all drive -through facilities. TABLE 7-23 DRIVE UP/THRU VEHICLE STORAGE REQUIREMENTS Facility/Use Minimum Vehicle Queing Area Drive-in Bank 16 spaces per service window http://library. municode.comlprint. aspx?clientlD=14641 &HTMRequest=http%3 a%2f%2fli... 8/23/2011 Municode 23 Restaurant Drive-Thru 8 spaces per service window Car Wash Automatic 3 spaces on approach to wash line Car Wash Self Service 1 space on approach to wash line Gatehouse/Entry Control Structure (manned or unmanned 4 spaces (see Section 7.10.15 Il other commercial drive-thru uses 3 spaces per service position k. Parking or display of any motor vehicle, recreational vehicle, boat, trailer or other vehicle in any required landscape area is prohibited. 2. Combined Properties Used for Off -Street Parking. Two (2) or more owners or operators of buildings, structures, or uses requiring off-street parking facilities may make collective provisions for such facilities, provided that the total of such parking spaces when combined or used together shall not be less than the sum of the requirements computed separately, and provided further that no off -site parking space shall be greater than six hundred (600) feet from any building it is designated to serve. 3. Shared Off -Street Parking Areas. Where, in the determination of the Growth Management Director, the required number of spaces is excessive for a specific building or facility requiring site plan approval, and the owner of the property has submitted to the Growth Management Director an enforceable restriction of use, the Growth Management Director may authorize the use of shared parking facilities effectively reducing the number of required parking spaces. In no case however, shall less than seventy-five percent (75%) of the required off-street parking spaces be provided. The purpose of this provision is to allow land uses located within a unified development or on adjacent lots to enter into agreements to use parking spaces at different times of day which correspond to their different hours of operation. When shared parking agreements are applied in approving site plans, no land uses can be permitted that exceed the maximum allowable parking demand at the prescribed times of day, even though the initial land uses may eventually be proposed to be changed. Additional parking may have to be constructed in order to accommodate new land uses proposed to be operating simultaneously during the day or evening. Restrictions on the parking generation rates and times of use of the affected buildings shall be required to be recorded in the public records of St. Lucie County, Florida, and may be in the form of restrictions contained with in a development order or development agreement, or in such other form as the Growth Management Director may prescribe with the approval of the County Attorney required for all standard and special forms used for this purpose. 4. Provision of Reserved Parking Areas. Where, in the determination of the Growth Management Director, the required number of required parking and loading spaces is excessive for a specific use, the owner or agent may substitute landscaping in lieu of paving provided said areas are reserved for future parking and loading should the County find those spaces are needed, and further provided; a. The owner of the land upon which such parking is being reserved shall enter into a written agreement with St. Lucie County which shall Include a schematic portrayal as to how the required parking and. loading areas can be provided with the County, to be filed with the Clerk of the Circuit Court, with enforcement running to the County ensuring that the reserved parking and loading area shall never be encroached upon, used, sold, leased, or conveyed, for any purpose except in conjunction with the building or use which the reserved parking area serves so long as the off-street parking facilities are required. b. The owner of the land upon which such reserved parking and loading area is located agrees to bear the expense of recording the agreement which shall bind his/her heirs, successors, or assigns. C. The written agreement shall be voided by the County if the reserved parking and loading area is converted to usable parking area or If the reserved parking area is no longer required. d. No handicapped parking areas may be included within a reserved parking area. 5. Parking of Commercial Vehicles. Off-street parking facilities supplied by the owner or operator under the requirements of this Section shall not be used by commercial vehicles owned, operated, or used in the business of such owner or operator during his/her regular hours of business, unless additional parking spaces are made for these commercial vehicles. 6. Context Sensitive Parking. Within downtowns and walkable scale communities having mixed uses, on - street parking, and which may also include parking structures or common parking lots, on -site parking for each building may not be required when all of the required parking for the land use proposed in the building is provided within six hundred (600) feet of the building, and is not dedicated to another land use, except that shared parking agreements permitted by Section 7.06.02(B)(3) shall be allowed. Parking requirements for mixed use downtown and walkable scale mixed use areas shall be computed for general retail land uses using the shopping center parking standard. All other land uses and retail land uses that have parking rates that exceed the shopping center rate shall have their parking requirements computed at their parking generation rates and added to the basic retail shopping center requirement. Reductions may be made for land uses that enter into shared parking agreements. The total parking requirement must be met by a combination of on -street parking, off -site common parking facilities, shared parking (if used), and on -site parking. All on -street parking proposed within a public right-of-way shall require the issuance of a right-of-way use permit by the County Engineer prior to any http://library.municode.com/print.aspx?clientID=14641 &HTMRequest=http%3a%2f%2fli... 8/23/2011 Municode 23 land clearing or construction of pavement marking, whichever comes first. This section does not authorize on -street parking on public right-of-way but only gives credits for the reduction of on -site parking when properly approved on -street parking is available, as provided herein. The total parking requirement derived as required herein may be reduced by up to twenty percent (20%) by the Growth Management Director for equivalent facilities that provide for transit access and sheltered transit stops, park -and -ride facilities, remote parking with motorized access between parking and destination, and/or bicycle parking and movements, or other modes of ground transportation not included herein (e.g., golf cart paths). http://library.municode.com/print. aspx? clientED=14641 &HTMRequest=http %3 a%2f%2fli... 8/23/2011 N q,pw RgAWffAFA AWffffftl rlq ff 775 N M w wVn y�j� M 3 N H a12 00 a o�sP �A � C c5 0. epOn GO �r eon Md1en ° a °e."2P wo � anm use �0 0 5 Pk� 4l _ i8419Z S 8 os g, Ome i oi 5 8 0 Rill0. pill GNnl18>tod NNI PH 9ulyuef °uPo '3 � eie 99p 0 9 uq AM4d P IUD g PL 6IGPIWPe ,s5 eny uo910u3 p uolsuyop lei F PH uolsuyof uryp ��0 PH pi0 919o-A c 4��Qa 0 2 rya c U b ul8 PH Gull GOUGH Q �PH IOURO i9p9eH v � JPa UIPIGH IooPUI PH 8 PH u011180 l9usp 6Z�J � a P O d. 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C_•c— 1 t , "F t 4� ( J 1 .i... - :. _ .. .:... .. ... ... _...... .... -_. ___ ..... r r Sep 07 11 12:35p Kathie Vaughn 17723354228 p.2 AFFIDAVIT COMPLIANCE WITH POSTING OF NOTICE REWUIREMENTS COUNTY OF „ 1 . lDt�'. - ) being first duly sworn deposes and states: 1. 1 am the owner or thef aO fo * � �tr (Insert owner's name) for the following petition: n( a 2,. �„ (insert petition number). 2. 1 hereby certify that I have complied with the notice requirements set forth in Section 11.00.03.E of the St. LUCK County Land Development Code for the .,�IeVL PIA.0. I. (insert date) public hearing to be conducted by the S 1�ra . fSb�,uS�'W ' tity name) on the above -referenced petition. The required sign was printed and posted to the specifications listed on the Sign Content and Sign requirements forms rovidcd by St Lucie County Planning and Development Services Department on� l (date). The following required documentation is attached: A. Dated Photo (Close up) B. Dated Photo (Distant) Further affiant sayeth not. (Name of Affiant) Ffi N �•�' STATE OF ("Wv w UL !) COUNTY OF 51 The foregoing instrument was acknowledged before me this _day of 2011, by ILPi i . Said person (Check ono) __ is personally known to me, ✓ roduced a driver's license (issued by a state of the United States within the last five (5) years as identification, or produced other identification, to wit DONNAM AOUILINA Nbary Public - SIM of Florida • « f nnComm. Wires May 4. 2014 � CIA• ommisylan a OD 979590 7Qory(!ed ThrS�llRh NAI Qngl HoIIIY Assu. Nofary Public, State f ; Typed or Printed Name of Notary Commission No.: My Commission expires: roan os-48 Meefin_a Time: PUBLIC HEARING NOTICE 9:30AM (or soon thereafter) Wednesday, September 28, 2011 Matthew Gierak--BA820114324 John Doe 2300 Virginia Avenue Fort Pierce, FL 34982 Public Hearing Date: Wednesday September 28, 2011 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue Ft Pierce, Florida 34982 Applicant Matthew J. Gierak Property Location 10725 S. Ocean Drive, #311 Jensen Beach, FL 34975 Zoning Hutchinson Island Residential District Future Land Use Residential, Urban (5du/ac) Staff Recommendation The variance sought arises from conditions that are unique but do not qualify as a hardship as de- fined in the Land Development Code. Staff is therefore recom- mending denial. Mailed: 9/14/11 Public Hearinal Description Petition of Matthew J. Gierak for a vari- ance from the provisions of Section 7.06.02(A) of the St. Lucie County Land Development Code, which requires two (2) off-street parking spaces per dwell- ing unit within Recreational Vehicle Parks located within the HIRD (Hutchinson Island Residential District) Zoning District. Background The applicant would like to place a mo- bile home and screen room on his prop- erty. A Florida Power & Light transform- er unit encumbers the area where usu- ally a designated second parking space is located on lots within Recreational Vehicle Parks on Hutchinson Island. Lenal Description Holiday Out at St. Lucie Blk B Lot 12 and Equal Pro-Rata Interest in common elements. The St. Lucie County Board of Adjustment has the power to authorize variances from the dimensional requirements of the St. Lucie County Land Development Code, In accordance with the provisions of Section 10.01.00, of the St. Lucie County Land Development Code. All interested persons will be given an opportunity to be heard. Written com- ments received in advance of the public hearing will also be considered. Written comments to the Board of Adjustment should be received by the Planning and Development Services Department - Plan- ning Division at least 3 days prior to the scheduled hearing. Further details are available in the Planning and Develop- ment Services Department —please con- tact: Staff Linda Pendarvis, Planner Tel. 772-462-1562 Email pendarvisl@stlucieco.org 2300 Virginia Avenue Fort Pierce, Florida 34982 ST. LUCIE COUNTY VARIANCE RESPONSE FORM Please Return To: St. Lucie County Planning and Development Services — Planning Division Attn: Linda Pendarvis 2300 Virginia Avenue Ft. Pierce, Florida 34982 Fax # 772-462-1581 PROPOSED REQUESTED VARIANCE: Petition of Matthew J. Gierak for a variance from the provisions of Section 7.06.02(A), of the St. Lucie County Land Development Code which requires two (2) off-street parking spaces per dwelling unit within Recreational Vehicle Park located at 10725 S. Ocean Drive, Jensen Beach within the HIRD (Hutchinson Island Residential District) Zoning District. REGARDING PROPERTY LOCATED AT: 10725 S. Ocean Drive, #311, Jensen Beach,FL 34975 If you wish to comment, please check only one of the three following statements and return no later than September 26, 2011. AM IN FAVOR OF THE REQUESTED VARIANCE ............................................ I AM NOT IN FAVOR OF THE REQUESTED VARIANCE .................................... I HAVE NO OPINION TO THE REQUESTED VARIANCE .................................... I certify that, as of the date shown below, I am a property owner within 500 feet of the requested variance. 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UO to V1 Lot � 1yf�1 1fl W N('l)M1 N M} N ryO� N 1Mp N ^m N M N 10►1 N N a N V N V N a V' N N {1flp 'V' N d^' N N 'd N N N N N ST. LUCIE COUNTY BOARD OF ADJUSTMENT PUBLIC HEARING AGENDA WEDNESDAY, SEPTEMBER 28, 2011 NOTICE OF PROPOSED VARIANCE REQUEST Notice is hereby given in accordance with Section 11.00.03 of the St. Lucie County Land Development Code and in accordance with the Provisions of the St. Lucie County Comprehensive Plan that the following applicants have requested that the St. Lucie County Board of Adjustment consider the following request: PURPOSE: Petition of Matthew J. Gierak for a variance from the provisions of Section 7.06.02(A), of the St. Lucie County Land Development Code which requires two (2) off-street parking spaces per dwelling unit within Recreational Vehicle Park located at 10725 S. Ocean Drive, Jensen Beach within the HIRD (Hutchinson Island Residential District) Zoning District. ADDRESS LOCATION: 10725 S. Ocean Drive, #311, Jensen Beach, FL 34975 LEGAL DESCRIPTION: HOLIDAY OUT AT ST. LUCIE BLK B LOT 12 AND EQUAL PRO-RATA INTEREST IN COMMON ELEMENTS Parcel Identification Number: 451150100570003 The Public Hearing on this petition will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida, on Wednesday, September 28, 2011 beginning at 9:30 A.M. or as soon thereafter as possible. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Board of Adjustment should be received by the Planning and Development Services Department — Planning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Planning and Development Services Department offices located at 2300 Virginia Avenue, Fort Pierce, Florida, during regular business hours. Please call 772/462-2822 or TDD 7721462-1428 if you have any questions or require additional information. The St. Lucie County Board of Adjustment has the power to authorize variances from the dimensional requirements of the St. Lucie County Land Development Code, in accordance with the Provisions of Section 10.01.00, of the St. Lucie County Land Development Code. The proceedings of the Board of Adjustment are electronically recorded. PURSUANT TO Section 286.0105, Florida Statutes. if a person decides to appeal any decision r.....w. Xr A 7 I't made by the Board of Adjustment with respect to any matter considered at a 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 from time to time as may be necessary to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk Manager at least forty-eight (48) hours prior to the meeting at (772) 462-1546 or T.D.D. (772)462-1428. Any questions about this agenda may be referred to the St. Lucie County Planning Division at (772) 462-2822. BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA /s/ RON HARRIS - CHAIRMAN PUBLISH DATE: September 14, 2011 Holiday Out at St. Lucie a Condominium 10725 South Ocean Drive Jensen Beach, FL 34967 (772) 229-2926 FAX (772) 229-2772 DATE: 9/1 /2011 TO: Kathy Vaughn, St Lucie County Permitting Dept. FROM: Richard Silliker SUBJECT: Unit # 311 Parking The Holiday Out Documentation states that "All Parcels or Units in Holiday Out are hereby designated as Recreational Vehicle sites or single family home sites, in compliance with all the restrictions or ordinances adopted by St Lucie County." (This would include variances). In reference to parking: We do not allow parking back further than the 18 feet to the left of the home whether depicted on the site survey or not. Overlapping of a vehicle from owner's property to the street is forbidden. No parking on the grass. No parking on an unoccupied site without the owner's permission. We do allow short term parking in our Recreation area and next to our office during designated times. Any owner at Holiday Out must sign that they acknowledge and agree to abide by the above stated rules when the purchase their unit. With this said the BOD has no opinion as to whether the County grants a parking variance for this unit owner. Regards, Richard Silliker, General Manager For the Board of Directors Matthew Gierak c/o 2102 S.E. Harding St. Port St. Lucie, Fla 34952 September 2, 2011 St. Lucie County Planning & Delvelopment Services Planning Division 2300 Virginia Ave. Ft. Pierce, Fla 34982 Reference: Hardship Variance Lot 311 Holiday Out To Whom It May Concern: I purchased a lot in the above park with the intent of utilizing my property upon my retirement to it's highest and best use. There is an FPL transformer in my 8' setback which the county shows, once I improve my property as the majority of all lot owners have done, as a second parking spot. I am a single male and have plans on installing a HUD Park Model and adding a screen room. (See survey) I have been informed that there are a total of 10 properties including lot #528 that have doublewides on them with transformers in the setback and only have one parking place and an additional 6 properties that have transformers in the setback that have not improved their properties as of yet. I ask that the board approve my variance that has cost well over $1,000.00 between county review fees, advertising, and other costs to display signs on my property. This would be a great hardship if I could only live in a 13"wide by 36" long home. When I purchased the property, if I was informed of this matter, I never would have entertained the thought of the purchase. I cannot attend this hearing on the proposed date and have Kathie Vaughn from Okeechobee Trailer Sales, Inc. attending on my behalf. She has been in the business of installing Park Models and Modular Homes for over 25 years in all of the parks on the Island. I trust that the board will waive the second parking spot because I have no control over the placement of FPL transformers. Sincerely, Matthew Gierak Rug 29 11 12:04pp Kathie Vaughn 17723354229 P.1 HUD Code Park Models: Chariot Eagle Inc. sage i of ► HUD CODE PARK MODELS 554 Click on images to view large. Spoduve Angled Kitchen features klore Counter Space - Now with Higher Sidewalls! I MORE PHOTOS I FLOORPLAN I i Click on Images to view large. i 7?id :.LJ!ii.•! l". ,•^o In4 .;:! 4, .N:IS li:.,rNU 6-t'`f r L. t N ofq PeN,1*kQ (5 CtiftR,%o 1 &, KC Ga . Gomel http:l/www.charioteagle.com/Models2.asp?id=42&cat-id-3 8/29/2011 10.0' SET I u_ a. W to z 0 �I 0 0 0 IN ou L �- m Z oW0 0) d- M N o.. ...... FND. N. & W. .•..:'::,.. . #L.B.4223�G Gi .......... •'; 0E. 0-%� I °" I d- I cfl J' MI 5;' ss PAOING SVA�E SET I.B. �U I I n. i� N N FND. 5/8" I.B. SET I. SYM ® -E 00.00 X - E C I CAP #L.B.4223 LEGEND: A/C - AIR CONDITIONER SET - SET 5, CONC. - CONCRETE I.D. - IDENTIFICATIC SURVEYOR'S NOTES E.Q.P. - ECGE OF PAVEMENT O.H.W. - i 1. SURVEY OF DESCRIPTION AS FURNISHED BY CLIENT, UNLESS OTHERWISE NOTED. FND. - FOUND I.B. - IRON BAR 00.00 X 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS, BUILDING R/W - RIGHT-OF-WAY -^,s- - D SETBACKS, AND/OR RIGHTS -OF -WAY OF RECORD BY ACCURIGHT LAND SURVEYING, INC. CAN - CABLE BOX ATT PHONE BOX 3. ELEVATIONS SHOWN HEREON ARE RELATIVE TO NATIONAL GEODETIC VERTICAL DATUM fP) _DENOTES DISTANCE, ANGLE, BEARING OF 1929, SEE SURVEY FOR REFERENCE BENCH MARK, UNLESS OTHERWISE NOTED. (F) _DENOTES MEASURED DISTANCE, ANG 4. THERE ARE NO ABOVE GROUND ENCROACHMENTS, UNLESS OTHERWISE NOTED. (C) - DENOTES CALCULATED DISTANCE, Al 5. UNDERGROUND ENCROACHMENTS ARE NOT LOCATED.