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October 20, 2011 Agenda Package
October 20, 2011 6:00 P.M. PLANNING AND ZONING COMMISSIONILOCAL PLANNING AGENCY AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLANNING AND ZONING COMMISSION CRAIG MUNDT STEPHANIE MORGAN CATHY TOWNSEND EDWARD LOUNDS WILLIAM R. BLAZAK BRAD CULVERHOUSE CHARLES GRANDE BRITT REYNOLDS DANIEL REGIS MARTY SANDERS CHAIRMAN VICE-CHAIRMAN COMMISSION MEMBER COMMISSION MEMBER COMMISSION MEMBER COMMISSION MEMBER COMMISSION MEMBER COMMISSION MEMBER COMMISSION MEMBER EX-OFFICIO MEMBER PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY I. CALL TO ORDER A. Pledge of Allegiance B. Roll Call C. Announcement(s) D Disclosure(s) 11. MINUTES Review the minutes from the July 21, 2011 regular meeting, for approval. 111. PUBLIC HEARINGS A. Ordinance No. 11-027 Text Amendment to the Land Development Code regarding Class A Mobile Home Permits. Exhibit ~; Staff Report Action Recommended: Forward recommendation of approve/ to the Board of County Commissioners. IV. OTHER BUSINESS A. Planning and Development Services Director Comments. B. Other business at the discretion of the Planning and Zoning Board Members. V. ADJOURN NOTICE: All proceedings before the Planning and Zoning Commission / Local Planning Agency of St. Lucie County, Florida, are electronically recorded. If a person decides to appeal any recommendation made by the Planning and Zoning Commission /Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, by hiring their own court reporter at their own expense, to create a record that includes the testimony and evidence upon which the appeal is based. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk Manager at least forty-eight (4$) hours prior to the meeting at (772) 462-1546 or T.D.D. (772) 462-1428. Any questions about this agenda may be referred to St. Lucie County Planning Division at (772) 462-2822. 1 St. Lucie County 2 Planning and Zoning Commission/ Local Planning Agency 3 Roger Poitras Annex, Commission Chambers, 3rd Floor 4 July 21, 2011 Meeting 5 6:00 p.m. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 In the event of a conflict between these written minutes and a compact disc recording, the compact disc shall control. I. CALL TO ORDER Chairman Mundt called the meeting to order at 6:00 p.m. A. Pledge of Allegiance B. Roll Call Craig Mundt Chairman Stephanie Morgan ................................. Vice-Chairman Cathy Townsend ................................... Commission Member Edward Lounds ..................................... Commission Member Charles Grande ............:................... V Commission Member ...:.:.....,... Daniel Regis .........................._: Commission Member William Blazak ...................................... Commission Member Marty Sanders ....................k:...`....:..... Ex-Officio Member Members Absent Britt Reynolds .......................................:Commission M~~nber Brad Culverhouse ..................................Commission Member (excused) Staff Present Kara Wood ......................................Planning Manager W't~i~r Young ......................................Assistant County Attorney Dram Waite ...........................................Senior Planner ~_ Beve~~y ~ustin ..........., .....................Recording Secretary ~a A 1Y C. Anp~nce~$nts None ' D. Disclosure None I1. MINUTES Review of the minutes from the June 16, 2011 meeting for approval. Mr. Mundt asked if there were any additions or corrections. There were none. Mr. Lounds moved to approve the minutes. Mr. Blazak seconded. The motion carried. 44 DRAFT 45 III. PUBLIC HEARINGS Page 2 of 6 46 A. ScottMiescott: RZ 720071098 47 Petition of Scott/Wescott, a Florida General Partnership for a change in zoning 48 from the IX (Industrial, Extraction) Zoning District to the CO (Commercial, 49 Office) Zoning District. 50 Ms. Waite stated agenda Item 3-A is a public hearing and was advertised in the St. Lucie 51 News Tribune on July 5, 2011. A copy of the ad can be.toiand.,jn`the agenda packet along 52 with a picture of the sign posted on the property and a list of property owners within 500 feet 53 on the property that received the standard public;'hearing notice.. To date, no public 54 comments on this item have been received. 55 The subject parcel is located at 650 North Rock Road, approximately orie=half mile north of 56 Orange Avenue and 1,100 feet west of the Florida Turnpike. The parcel;contains abusiness 57 office constructed in 1992 in conformance with the property's AG-1 Zoning District at that 58 time. The petitioner owns the adjacent 36 plus acres that extend to I-95 to the north and 59 east. The purpose of the request is to correct the inadvertent rezoning of the one-acre parcel 60 to Industrial Extraction and br~g tf~re existing business office building back into conformance 61 with the County's Land Duel©pment Cade. 62 In 1998, a change in zoning of the adjacent lands to Industrial Extraction unintentionally 63 included the subject. parcel with 2,86$ square foot office building. The Industrial Extraction 64 Zoning District is a specialized zoning' district for minitlg operations only. This placed the 65 existing business office for Scott Groves n~a nonconforming status at the time of the 1998 66 rezoning. The existing office operation includes bookkeeping, management and business 67 services which are permitted uses within the Commercial Office Zoning District. The 68 rezoning would allow the business to c©rtinue in conformance with the County's Land 69 tJeV~lbpment Code. 70 The proposed Commercial Office Zoning District is compatible with the zoning districts 71 ~ surroundf~g the`j~3 reel which includes: Industrial, Heavy to the west and south, Industrial 72 Extr~~tion zohing to~the east and north, and Institutional zoning to the southwest which is the ~,:r~~, 73 locatior~~ of the St. Lucie County Correctional Center. No mining activities ever occurred or 74 were proposed for the Industrial Extraction zoned lands. All surrounding parcels are 75 primarily vacant. except the adjacent storage container operation to the south and the 76 County's Correctional Center to the southwest. 77 In reviewing tip{spetition, staff found that the proposed amendment is consistent with the St. 78 Lucie County Comprehensive Plan and meets the standards of review set forth in Section 79 11.06.03 of the County's Land Development Code. Staff recommends the Planning & 80 Zoning Commission forward a recommendation of approval to the Board of County 81 Commissioners. 82 Mr. Lounds asked if the parcel had always been in Industrial Extraction. Planning and Zoning Commission June 16, 2011 Minutes DRAFT Page 3 of 6 Ms. Waite stated no, the zoning was changed in 1998 from Agricultural One to Industrial Extraction. Mr. Lounds asked if St. Lucie County ever resolve its issues with the piece at the northwest corner of Rock Road. Ms. Waite stated if he was referring to the mining issue; there was a petition submitted to change, the land use designation on that property, however, there were some non- compliance issues related to the mining operation and to her knowledge that has not been resolved. Mr. Lounds stated that this is an additional piece that is currently in zoning for extraction. Ms. Waite stated yes. Mr. Grande stated he had no problem. with the application; it is the right zoning for this property at the time. In checking the consistency with the Comprehensive Plan, it was noticed that the current version of the Plan's table for matching zonings with future land uses; does not include the Commercial Zonings.. That could be an oversight and needs to be corrected. This should appear in the minutes so the' next glitch bill should correct the Land Development Code. Ms. Waite stated tha# was correct; there are copies of the compatibility matrix that shows the future land use designation zoning districts that are compatible can be applied to any particular parcel. ..There are copies of those that are adopted in the Comprehensive Plan for the Commission;, there.was an oversight in copying that section of the Land Development Code so half..of the.matrix is not in your LDC. Mr. Grande stated it comes down to Table 11-1 in the Land Development Code that needs to be updated. Chairman Mundt asked the.appliCant if he wanted to speak. Mr. Fee, the applicant stated his law practice is located at 426 Avenue A, Ft. Pierce, FL. He wanted to thank Ms. Waite for the help on this project. We did not know how to attack this and the easiest way was for the Commission to motion the property back to Agricultural-1 for the office building which would make it conforming. There was no A-1 in the vicinity, it's all Industrial, Heavy Industrial or Industrial Extraction. It did not seem appropriate to go back to A-1 zoning so it was settled on Commercial Office. The office building was never owned in title by the entity Scott Groves, Inc. that owned the surrounding land. It was a glitch in the legal description that the office building was included. We are asking to be restored to status quo to make it a conforming use. The office building has been at the location since 1992 and serves as a management vehicle for a very vast agricultural holding in this county, other Planning and Zoning Commission June i6, 2011 Minutes DRAFT Page 4 of 6 126 counties and the Bahamas. It is requested that the Commission go along with the 127 recommendation of the staff and rezone the property back to Commercial Office. 128 129 Mr. Lounds asked if the Scott family owned the building and the property. 130 131 Mr. Fee stated the building and the property that the building is on has been titled since prior 132 to the construction of the building and a partnership known as ScottNVescott General 133 Partnership. The surrounding lands have always been. owned .by Scott Groves Inc.; a 134 different entity. Admittedly, they are 2 first cousins, Kenny Scott has Scott Groves Inc. and 135 Scott/Wescott is a partnership of Ken Scott and his cousin Dan Scott. So it is all mixed up 136 together and that's the reason this error was not detected for so long. 137 138 Chairman Mundt opened the public hearing. 139 No one spoke. 140 Chairman Mundt closed the public hearing. 141 Mr. Lounds made a motion for the Planning and Zoning-:`Board to recommend that the 142 St. Lucie County Board of County Commis~~ners grant approval to the application of 143 Scott/Wescott for a change in zoning from IX`(Irdustrial, Extraction) Zoning District to 144 the CO (Commercial, Office) Zoning District bec~.,se it brings the piece of property e 145 s. into compliance with the current regulations and ru 146 Mr. Grande seconded the motion. 147 The roll was called: 148 Mr. Balzak YES Mr. Grande YES 149 Mr. Lounds . YES Ms. Morgan YES 150 Mr. Regis YES Chairman Mundt YES 151 rA ' s. ToWa,~end YES ~.,, -~t~w.. ~:~~ 152 Chairman Mundt stated -this will be forwarded on to the Board of County 153 Commissioners with the recommendation of approval. 154 ~~~; 155 IV. , ='{t~THER.BU$INESS 156 Ms. Wood stated the Western Land Study scope of public involvement sessions is being 157 brought to a close. On August 19'" there will be a follow-up assembly to provide a summary 158 of what is in the draft report for the Western Land Study. 159 Ms. Wood stated -staff does not have anything that is time-sensitive so there would be no 160 August Planning & Zoning meeting. 161 Mr. Lounds asked if they would get a chance to review the Western Land Study or does it go 162 straight to the county commission board. Planning and Zoning Commission June i6, 20i 1 Minutes DRAFT Page 5 of 6 163 Ms. Wood stated that there is no particular scheduled review for the report itself. The report 164 does contain a proposed comprehensive plan element for those lands. 165 Mr. Lounds asked if they could request comments from the meeting on August 19th if they do 166 not attend. 167 Ms. Wood asked if the commission wanted a summary; she could-come back to the planning 168 & zoning commission to talk about what comments were received. 169 Mr. Lounds stated the commission would enjoy that. 170 Ms. Wood stated that could be done; informally the report has been "out on the street" since 171 the end of May and there have been a couple of informal meetings of stakeholders and 172 property owners who asked questions and came into the office to discuss. 173 Mr. Lounds stated this commission has gone through a lot of that with the Western Land 174 movement over the history of it and it would be good for their back ground if staff could bring 175 a short review of it; especially pro and con comments. 176 Ms. Wood stated perhaps at the September meeting, it could be discussed briefly at the end 177 of the agenda. 178 Mr. Grande stated a while back the Rural Land Stewardship program was brought to the 179 County and it initially was awell-meaning exercise and it turned out that the increases in 180 residential entitlements that were built into that plan that such it had to be killed and it never 181 was implemented. The one thing he has not seen so far out of the Western Land Study is a 182 calculation of potentially how many residential entitlements could maximum wind up in the 183 western lands. It is easy to say today there are about 200,000 acres; the average is 1 per 5 184 out there and 40,000 residential entitlements in the western lands today. If this plan comes 185 up with more than 40,000 residential entitlements, that could be a real problem. 186 Ms. Wood stated that in the appendix of the study there is a background of technical 187 analyses of what you can do where, based on how much land is in what area. 188 Mr. Grande stated that history has shown that the TVC probably made it through the process 189 because people could wrap their arms around what their maximum entitlements would wind 190 up. 191 Mr. Lounds asked where the meeting would be held. 192 Ms. Wood stated the Fenn Center, a morning session from gam to 12 noon. 193 194 Planning and Zoning Commission June 16, 2011 Minutes DRAFT 195 V. 196 197 198 199 200 201 202 203 204 205 206 ADJOURN Chairman Mundt stated the next meeting will be in September. Mr. Lounds asked if a motion should be made to that effect. Chairman Mundt asked Ms. Young, the county attorney. Page 6 of 6 Ms. Young stated a motion could be done because it's on the online calendars. Mr. Lounds made a motion regarding no meeting in August; next meeting will be in September. Mr. Blazak seconded the motion. The motion carried. There being no further business, the meeting ad~~urned at 6:20pm. ~S Planning and Zoning Commission June 16, 2011 Minutes _ _ --- - - _ _- q---- - _ NO ITEM DATE: 10120/11 AGENDA REQUEST REGULAR { ) PUBLIC HEARING (X ) LEG. (X ) QUASI-JD ( ) CONSENT ( ) TO: Planning and Zoning Commission PRESENTED BY: Jeffrey Johnson SUBMITTED BY: Planning and Development Services Senior Planner Department SUBJECT: Text Amendment to the Land Qevelopment Code regarding Class A Mobile Home Permits. BACKGROUND: See attached memorandum. F~1NDS AVAILABLE: N!A PREVIOUS ACTION: N!A RECOMMENDATION: Forward a recommendation of approval to the Board of County Commissioners for Ordinance No. 11-027. CoordinationlSinnatures County Attorney (X) County Surveyor ( ) . Daniel S. McIntyre Ron Harris County Engineer (X) ERD (X) ~--.. Michael Powley Karen Smith Originating Dept. (X ) Mark atterlee Planning and Development Services Planning Division MEMORANDUM TO: Planning and Zoning Commission THROUGH: Mark Satterlee, AICP, Director Kara Wood, Planning Manager FROM: Jeffrey Johnson, Senior Planner. Q DATE: October 20, 2011 SUBJECT: Text Amendment to the Land Development Code regarding Class A Mobile Home Permits. ITEM NO: III-A Background During the public hearing portion of the July 5, 2011 Board of County Commission meeting, the Board directed staff to amend the text of the Land Development Code (LDC) to administratively allow the review and issuance of Class A Mobile Home Permits. This direction was initiated when a resident applied for and was granted a Class A Mobile Home Permit by the Board (see attached minutes). Currently, Class A Mobile Home Permits are reviewed by the Development Review Committee (DRC) in .accordance with the standards of review outlined in Section 11.05.02(D) and are allowed in all agricultural and residential zoning districts with the granting of a Class A Mobile Home Permit. These aesthetic standards define the mobile home as single family home to assure compatibility with the surrounding built environment. Following the review, the DRC provides a recommendation to the Board of County Commissioners for final action on the petition after a scheduled public hearing. The proposed changes amend the existing process outlined in the LDC as follows: 1. Requires that the application to be submitted to the Planning and Development Services Director as opposed to the Public Works Director; 2. Eliminates the site plan submittal as previously required and instead requires a recorded deed and boundary survey to identify existing conditions on the subject property, which is necessary for building permit purposes; _. __... LDC Text Amendment TLDC-920114333 October 20, 2011 •• Page 2 3. Modifies the minimum roof pitch requirement as a standard of review due to the fact the LDC does not require a minimum roof pitch for single family homes, and 4. Authorizes the Planning and Development Services Director to issue Class A Mobile. Home permits administratively. The proposed LDC amendments require that, upon determination of compliance with the standards of review, the Planning and Development Services Director will notify the petitioner as well as all property owners within 500 feet of the Class A Mobile Home site of the- Director's decision. The parties have the right to appeal the Director's decision to the Board of Adjustment. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for the proposed amendment, the Board of County Commissioners shall consider and make the following determinations: 1. Whether the proposed amendment is in conflict with any applicable portions of the St. Lucie County Land Development Code; Staff has determined, the proposed changes are consistent with the general purpose, goals, objectives, and standards of the Land Development Code. The changes modify the application submittal requirements, the standards of review and the approval process for Class A Mobile Homes which are which are permitted uses in all agricultural and residential zoning districts with granting of a Class A Mobile Home Permit. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed changes are not in conflict with any element of the St. Lucie County Comprehensive Plan and will further the County's Comprehensive Plan Goal 5.2 to provide an adequate mix of safe and sanitary housing which meets the needs of existing and future residents. Such notable elements and policies are as follows: Future Land Use Element Objective 5.2.6: St. Lucie County shall continue to provide regulations that permit mobile homes in the County. Policy 5.2.6.2 The Land Development Regulations shall provide provisions allowing a. Class A mobile home to be located in any residential zoning district. 3. Whether and the extent to which the proposed amendment is inconsistent with the existing and proposed land uses; The proposed changes have no effect on existing and proposed land uses. __.... __ LDC Tent Amen merit TLDC-920114333 October 20, 2011 Page 3 4. Whether there have been changed conditions that require an amendment; Expectations and demands from the resident/consumer have increased over the past few years due to the economic climate, including the request for expedited reviews and permit approvals. It is anticipated that the permit review and issuance timeframes for Class A Mobile Home Permits will substantially decrease with this process being handled at the administrative level without materially compromising the existing standards of review. 5. Whether and the extent to which the proposed amendment would. result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but. not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The proposed amendment will not result in an increased demand for public facilities. Class A Mobile Homes will be placed on legal lots of record that have previously received a Certificate of Capacity or are vested according to the provisions of Section 11.09.00 of the LDC. If applicable, impact fees will be required to be paid upon the issuance of a building permit. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The .proposed text amendment will not result in adverse impacts on the natural environment. The proposed text amendment is not expected to increase development pressures on natural areas and does not modify any of the County's natural resource protection standards that are triggered when -any type of single family development is proposed. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; The proposed text amendment will result in an orderly and logical development pattern. No negative impacts are expected. 8. Whether the .proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment is not in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. The proposed amendment provides for a reduced review and permit issuance timeframe that will now be handled administratively. LDC Text Amendment - ~ - --~- - TLDC-920114333 October 20, 2011 Page 4 RECOMMENDATION Staff recommends the Planning and Zoning Commission forward a recommendation of approval to the Board of County Commissioners for Ordinance No. 11-027. _. LDC Te men men TLDC-920114333 October 20, 2011 Page 5 SUGGESTED MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED. DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL OF ORDINANCE NO. 11-027, TEXT AMENDMENT TO SECTIONS 11.05.02, 12.00.00 AND 12.08.00, BECAUSE... [LIST CONDITION(S)] SUGGESTED MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC~HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY ORDINANCE NO. 11- 027, TEXT AMENDMENT TO SECTIONS 11.05.02, 12.00.00 AND 12.08.00, BECAUSE... [CITE REASON(S) WHY -PLEASE BE SPECIFIC] 1 ORDINANCE NO. 11-027 2 3 AN ORDINANCE OF THE BOARD OF COUNTY COMMISIONERS OF 4 ST. LUCIE COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT 5 CODE SECTION 11.05.02 "CLASS A MOBILE HOME PERMITS", 6 SECTION 12.00.00 "BOARD OF COUNTY COMMISSIONERS", AND 7 SECTION 12.06.00 "OFFICE OF THE GROWTH MANAGEMENT 8 DIRECTOR"; PROVIDING FOR CONFLICTING PROVISIONS, 9 SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH 10 THE DEPARTMENT OF STATE; .AND PROVIDING FOR ADOPTION, 11 CODIFICATION AND AN EFFECTIVE DATE. 12 13 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has 14 made the following determinations: 15 16 1. This Board is authorized by Section 125.01(1)(h), Florida Statutes to 17 establish, coordinate and enforce zoning and such regulations as are 18 necessary for the protection of the public. 19 20 2. This Board is authorized by Section 125.01(1)(t), Florida Statutes to 21 adopt ordinances and resolutions necessary for the exercise of its 22 powers and to prescribe fines and penalties for the violations of 23 ordinances in accordance with law. 24 25 3. On August 1, 1990, the Board of County Commissioners of St. Lucie 26 County, Florida adopted the St. Lucie County Land Development 27 Code. 28 29 4. On October 20, 2011, the Planning and Zoning Commission held a 30 public hearing on the proposed ordinance after publishing notice in the 31 St. Lucie News Tribune on October 6, 2011 and recommended to the 32 Board of County Commissioners approval/denial of the proposed 33 amendments to the text of the Land Development Code. 34 35 5. On , 2011, the Board of County Commissioners held its 36 first public hearing on the proposed ordinance, after publishing a notice 37 of such hearing in the St. Lucie News Tribune on , 2011. 38 39 6. On , 2011, the Board of County Commissioners held its 40 second public hearing on the proposed ordinance, after publishing a 41 notice of such hearing in the St. Lucie News Tribune on , 42 2011. 43 October 20, 2011 Ordinance No. 11-027 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 7. The proposed amendments to the St. Lucie.County Land Development Code are consistent with the general purpose, goals, and objectives of the St. Lucie County Comprehensive Plan and are in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, .Florida; and NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. Chapter XI "ADMINISTRATION AND ENFORCEMENT" is hereby amended to read as follows: 11.00.00 ~ ADMINISTRATION AND ENFORCEMENT Sections 11.00.01 through Section11.05.01 remain unchanged. Section 11.05.02 CLASS A MOBILE HOME PERMITS is amended to read as follows: 11.05.02. Class A Mobile Home Permits. A. Application for Pennit. Any person desiring. to have a Class A Mobile Home defined as a detached single-family dwelling unit shall submit an application to the lis-Weeks Planning and Development Services Director, in. a form established by the Director, accompanied by a non-refundable application fee, pursuant to Section 11.12.00. B. Application Contents. The application shall include the following information: 1. The applicant's name and address 2. Legal description, street address, lot number and subdivision name, if any, of the property upon which the Class A Mobile Home is to be located. 3. Statement of ownership of the mobile home. 4. Size of subject property in square feet and acres. 5. Statement describing the type and dimensions of the Class A Mobile Home proposed to be located on the property. October 20, 2011 Ordinance No. 11-027 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 6. Elevations and photographs of all sides of the Class A Mobile Home proposed to be located on the property. 7. A statement describing the exterior dimensions and roof slope of the Class A Mobile proposed to be located on the property. 8. A description of the exterior finish of the Class A Mobile Home, including exterior walls and roof. 9. A description.of the skirting materials to be used. 10. A description of the dimensions of the Class A Mobile Home. 11. Proof that the Class A Mobile Home has met the Mobile Homes Construction and Safety Standards of the U.S. Department of Housing and Urban Development, and the standards of F.S. § .320.823. 12. A Site-p1aR boundary survey showing the proposed use and including the following: a. Location of the property by lot number, block number and street address, if any. b. .The limits of an~iurisdictional wetlands; locations of all native trees meeting the minimum sizes outlined in Chapter 6; the results of any required listed species surveys; and an identification of what areas will be impacted by the proposed development activity and what areas are proposed for protection/preservation, with plans for mitigation per Chapter 6, if applicable. c. The dimensions of the lot or parcel of land on which the Class A Mobile Home is to be located. d. The location of the proposed Class A Mobile Home on the property, including all setback information. October 20, 2011 Ordinance No. 11-027 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 13. A schematic design of the Class A Mobile Home showing the roof, skirtings, and other improvements. 14. A recorded deed of the subject property on which the Class A Mobile Home is to be located. C. Procedure for Review of Class A Mobile Home Permit Applications. Within twenty (20) days after an application has been submitted, the ~lis-Wer~s Plannina and Development Services Director shall determine whether the application is complete. If the. Director determines the- application is not complete, ~e--s~iatl send a written statement shall be sent to the applicant by mail. specifying the application's deficiencies . The Director shall take no further action on the application unless the deficiencies are remedied. 2. Within thirty (30) days after the ~'~lis-~AIerIES Planning and Development Services Director determines the application is complete, "° °"°" r°~~~°~•~ the application shall be reviewed, and the Director shall determine whether the proposal complies with the definition of a detached single-family dwelling unit. 3. Following the determination of compliance with the standards of review ,the his-Weems Planning and Development Services Director shall notify the petitioner as well as all property owners within 500 feet of the proposed Class A Mobile Home site in writing of the Director's decision. The Director shall also notify the parties of the right to appeal the Director's decision to the Board of Adjustment pursuant to Section 11.11.02. 4. In the event of an appeal to the Board of Adjustment, the public hearing held on the application appeal shall be in accordance with Sections 44-A8:A4 11.11.02. 11.00.03 and 11.00.04. In determining whether the Class A Mobile Home meets the definition of a detached single-family dwelling unit, the Board of Adjustment shall consider the standards in the subsection. October 20, 2011 Ordinance No. 11-027 Page 4 1 2 3 4 5 5. Notification of the Board of ' 6 Adjustments' decision shall be mailed to the petitioner-and filed 7 with the s--IAieFks Planning and Development Services 8 Director in accordance with Section 11.00.04. 9 10 D. Standards for Review. In determining whether a Class A Mobile Home 11 meets the definitions of detached single-family dwelling unit, the ~eafd 12 Planning and Development Services 13 Director shall consider the exterior dimensions, the exterior finish of the 14 roof and walls, and the skirting of the mobile home..Before a Class A 15 Mobile Home will be defined as a detached single-family dwelling unit, 16 the Director must determine that: 17 18 1. Minimum Width of Main Body. The minimum horizontal 19 dimension of the main body of the mobile home as assembled 20 on the site is not less than twenty (20) feet, as measured across 21 the narrowest portiori, except that in the Agricultural Residential 22 (AR-1), Agricultural-1 (AG-1), Agricultural-2.5 (AG-2.5) .and 23 Agricultural-5 (AG-5), Zoning Districts, no minimum horizontal 24 dimension shall apply. 25 26 ~. Minimum Roof Pitch_ ; , €aves-t~;~~T h2 27 ni}nh n}' ~ .r,.+in rnnf ic. nn} lace +h~n nne /~\ }'nn+ of ride fnr pravrt-vi- - rr~-a..a--crruirvrrc-~-rvvrvr-rrac-ror 28 29 frnrv~ e.+ve }n rirlne i~+ nno half /~ /7\ }ho minims ~m hnri~nn}~1 30 d~er~s~e~: The minimum roof pitch is similar in slope of that of 31 detached single family dwelling units in the same zoning district 32 in which it is to be located. 33 34 3. Roofing Materials. The roofing material used is similar in 35 texture, color and appearance to that of detached single-family 36 dwelling units in the same zoning district in which it is to be 37 located. 38 39 4. Exterior Finish; Light Reflection. The materials used for the 40 exterior finish and skirting skirting are similar in texture, color, 41 and materials to detached single-family dwelling units in the 42 same zoning district in which it is to be located, and are applied 43 in such a manner as to make the Class A Mobile Home similar October 20, 2011 Ordinance No. 11-027 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 in appearance with surrounding detached single-family dwelling units. Reflection from the exterior shall not be greater than from siding coated with clear, white, gloss exterior enamel. PART B. Chapter XII "BOARD OF COUNTY COMMISSIONERS" is hereby amended to read as follows: 12.00.00 BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners shall have the following .powers and duties under tis Code: A. ~ The powers to initiate, review and adopt amendments to the Official Zoning Atlas as provided in Section 11:06.00; B: The powers to initiate, review, and adopt amendments to the text. of this Code as provided in Section 11.06.00; C. The powers to review and grant, grant with conditions, or deny Preliminary Site .Plans and Final Site Plans,. as provided in Section 11.02.00; D. The power to review and grant or deny plat applications, as provided in Section 11.03.00; sesxen-~a-e~.e~ F. The powers to review and grant, grant with conditions, or deny conditional uses as provided in Section 11.07.00; G. The powers to review and grant or deny applications for development agreements, as provided in Section 11.08.00; H. The powers to interpret boundaries of the various zoning districts on the Official Zoning Atlas, as provided in Section 1.06.02; The power to establish a schedule of .fees in order to cover the costs of technical and administrative activities required by this Code as provided in Section 11.12.00; J. The power to hear and decide appeals initiated by any person, officer, board, or bureau of St. Lucie County aggrieved by a decision by the October 20, 2011 Ordinance No. 11-027 Page 6 1 County Administrator with respect to the Vested Rights and Adequate 2 Public Facilities provisions of this Code as provided in Section 3 11.09.00 and Chapter V; 4 5 K. When sitting as the Environmental Control Board, the power to hear 6 and decide appeals initiated by any person, officer, board, or bureau of 7 St. Lucie County aggrieved by any decision, order, determination or 8 interpretation of any administrative official of the County with respect to 9 the Vegetation Protection and Preservation, Mangrove Alteration and 10 Selective Trimming, Sea Turtle Protection, Coastal Area Protection, 11 Wellfield Protection, Wetland Protection, and Native Upland Habitat 12 Protection provisions of this Code as provided in Section 11.11.00. 13 14 PART C. Section 12.06.00 "OFFICE OF THE GROWTH MANAGEMENT 15 DIRECTOR" is amended to read as follows: 16 17 12.06.00. OFFICE OF THE PLANNING AND 18 ~ DEVELOPMENT SERVICES DIRECTOR 19 20 12.06.01. Jurisdiction, Authority, and Duties. 21 22 In addition to the jurisdiction, authority, and duties which may be conferred on 23 the Planning and Development Services Director by 24 other provisions, fie the Director shall also have the following powers and 25 duties under this Code: 26 27 A. The Director shall issue, ~~°^°+°+'^^ ~°~^^~~°', 28 wastewater and sewage compliance, airport height permits, a~ 29 wetiants, and Class A Mobile Home Permits, in accordance 30 with the procedures in Section 11.05.00. 31 32 B. The Director shall grant or deny applications for 33 Certificates of Capacity Exemption, and Certificates of Capacity 34 Variances in accordance with the procedures in Section 5.00.00. 35 C. The Director shall grant or deny applications for a 36 Vested Rights Special Use .Permit in accordance with the procedures 37 in Section 11.09.00 of this Code. 38 39 D. The Director, whenever a use is not specifically 40 listed in Section 3.01.03 or in the administrative use regulations, shall 41 make a determination as to whether the proposed use is a use 42 ~ permitted by this Code, in accordance with Section 3.01.01. 43 October 20, 2011 Ordinance No. 11-027 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 E. The ~r^`•'{'" ""~^°^°~°^~ Director shall serve as staff planner to the Planning and Zoning Commission and the Board of County Commissioners, including the provision of aid and technical assistance in: 1. The initiation, processing, and review of applications for amendment to the Official Zoning Atlas as provided in Section 11.06.00; 2. The initiation, processing, and review of applications for amendment to the text of the Code as provided in Section 11.06.00; 3. The processing and review of applications for Planned Developments as provided in Section 11.02.00; 4. The processing and review of applications for conditional use permits as provided in Section 11.07.00 of this Code; 5. The processing and review of site plans as provided in Section 11.02.00;; F. The Director shall serve as staff planner to the Board of Adjustment, including the processing and provision of technical assistance in the review of variances, as provided in Section 11.01.00. G. The Director shall maintain the Official Zoning Atlas. H. The Director shall, whenever requested to do so by the Board of County Commissioners, conduct or cause to be conducted, with the assistance of other county departments if necessary, investigations, reports, surveys, studies, maps, charts, and recommendations with respect to matters before the Board of County Commissioners, the Planning and Zoning Commission, or the Board of Adjustment. October 20,2011 Ordinance No. 11-027 Page 8 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 PART D. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART E. SEVERABILITY If. any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be .held to be inapplicable to any person, property, or circumstance, such holding shall -not affect its, applicability to any other person, properly, or circumstance. PART F. APPLICABILITY OF ORDINANCE This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART H. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. October 20, 2011 Ordinance No. 11-027. Page 9 1 PART I. ADOPTION. 2 3 After motion and second, the vote on.this ordinance was as follows: 4 5 Chris Craft, Chairman XXX 6 7 Chris Dzadovsky, Vice Chairman XXX 8 9 Paula A. Lewis, Commissioner XXX 10 11 Frannie Hutchinson, Commissioner XXX 12 ' 13 Tod. Mowery, Commissioner XXX 14 15 PART J. CODIFICATION. 16 17 Provisions of this ordinance shall be incorporated in the St. Lucie. County 18 .Land Development Code, and the word ordinance may be changed to 19 section, article, or other appropriate word, and the sections of this ordinance 20 may be renumbered or re-lettered to accomplish such intention; provided, 21 however, that parts C through I shall not be codified. 22 23 PASSED AND DULY ADOPTED this ~ day of 2011. 24 25 26 ATTEST: BOARD OF COUNTY COMMISSIONERS 27 ST. LUCIE COUNTY, FLORIDA 28 29 30 31 BY: 32 Deputy Clerk Chairman 33 34 35 36 APPROVED AS TO FORM AND 37 CORRECTNESS: 38 39 40 41 42 County Attorney October 20, 2011 Ordinance No. 11-027 Page 10 ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA October 20, 2011 NOTICE OF THE PROPOSED TEXT AMENDMENT TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE The St. Lucie County Planning and Zoning Commission is scheduled to review and make recommendations regarding the following item petitioned by the County for adoption by the Board of County Commissioners of St. Lucie County, Florida, by Ordinance. DATE AND TIME: Thursday, October 20, 2011 at 6:p0 P.M. PLACE: County Commission Chambers, St. Lucie Caunty Administration Building, Roger Poitras Annex, 2300 Virginia Avenue, Fort Pierce, Florida APPLICANT: Board of County Commissioners, St. Lucie County PURPOSE: St. Lucie County is undertaking an update to its Land Development Code to amend the review and issuance of Class A Mobile Home Permits. ORDINANCE N0.11-027 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 11.05.02 "CLASS A MOBILE HOME PERMITS"; SECTION 12.00.00 "BOARD OF COUNTY COMMISSIONERS" AND SECTION 12.06.00 "OFFICE OF THE GROWTH MANAGEMENT DIRECTOR"; PROVIDING FOR APPLICABILITY; PROVIDING; PROVIDING FOR FILING WITH THE DEPPARTMENT OF STATE; PROVIDING FOR CODIFICATION AND PROVIDING AN EFFECTIVE DATE. All interested parties will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments concerning this petition should be received by the Planning and Development Ser~cices Department, Planning Division, at least three (3) days prior to the scheduled hearing. The petition file is available for review at the Planning Division offices located at 2300 Virginia Avenue, 2"~ floor, Fort Pierce, Florida, 34982, during regular business hours. Please call 772/462-2822 or TDD 772/462-1428 if you have questions or require additional information. The St. Lucie County Planning and Zoning Commission has the power to review and make recommendations of approval or denial to the Board of County Commissioners within the jurisdictional boundaries of unincorporated St. Lucie County. The proceedings of the Planning and Zoning Board are electronically recorded. PURSUANT TO S®ction 286.0105 Florida Statutes, if a person decides to appeal a decision made by the Planning and Zoning Commission with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she 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 #o 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 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 St. Lucie County Planning D'msion at (772) 462-2822. PLANNING AND ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA /S/CRAIG MUNDT, CHAIRMAN PUBLISH DATE: October 6, 2011' ST. LUCIE. COUNTY PLANNING AND ZONIf~G COMMISSION PUBLIC`HEARING AGENDA October 20, 2011. • .NOTICE OF THE PROP.OSEQ TEXT AMENDMENT TO THE ,~ ` ST. LUCIE COUNTY LAND DEVELOPMENT CODE . The $t. Lucie. County. Planhing and. Zoning Commission is scheduled to~revievu:and make recommendations regarding the following item pe#itioned by the County.for adoption by the Board of County Commissioners Qf St. Lucie County; FloriiJa, by Ordinance: DATE AND TIME: Thursday, October 20, 2011 at 6:00 P.M. PLACE: County Commission Chambers, St. Lucie CountyAdministration Building,. - Roger Poitras Annex, 2300 Virginia Avenus, Fort Pierpe, Florida APPLICANT: Board of County Commissioners, St. Lucie County PURPOSE: St. Lucie County is undertaking an update to its Land Development Code to amend .the review ahd Issuance of Class A Mobile Home Permits. •'. ORDINANCE NO.11=027' ' . AN ORDINANCE OFTHE HOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT .CODE SECTION 11.05.02 "CLASS A MOBILE HOME PERMITS"; SECTION 12.00.00 "BOARD OF COUNTY COMIviISSIONERS" AND 'SECTION 12:06.00 "OFFICE OF THE GROWTH MANAGEMENT DIRECTOR"; PROVIDING FOR APPLICABILITY; PROVIDING;. PROVIDING FOj3 FILING WITH THE DEPARTMENY OF STATE; PROVIDING FOR CODIFICATION AND PROVIDING AN EFFECTIVE DAfiE. All interested parties will be given an opportunity to be heard. Written .comments received in advance of the public hearing will also be considered. Written comments concerning this petition.. should be received by the.Planning and Development Services Department, Planning Division, at least three (3) days prior to the scheduled hearing. The petition file is available for review at the Pl~rining Division offices located of 2300 VirginiaAvenue, 2nd floor,. Fort Pierce, .F.lorida, 34982, during regular. business hours.. Please call 772/462-2822 or TDD 772/462-1428 if you have questions or require 2dditional (nformatibn: ;The St. Lucie County Planning and Zoning Commission has the power to review and make recommendations of approval or dental . to the Board of County Commissioners within the jurisdictional tioundanes of unincorporated St. Lucie County. The proceedings of the Planning and Zoning Board are electronically recorded.. PURSUANT . TO Section 286.0105 Florida Statutes. if a person decides to appeal a decision made by the Planning and Zoning Commission v/ith respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made; which record includes the testimony and. evidence tfpon which the appeal is. to be based. Upon the request of any parry to the proceeding, Individuals testifying during a heating will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any indiv(dual testifying during a heating.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 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 St. Lucie County Planning Division at (772) 462-2822. PLANNING AND ZONING COMMISSION • ST. LUCIE COUNTY, FLORIDA /S/CRAIG MUNDT, CHAIRMAN .PUBLISH DATE: October 6, 2011 rs ® • . .._ .. -r~ayu~c-r~ ~cV Y-r ac'v:Vv-~: rt'~r~ vY`cta~ ai7~5'r9'citiL-ti Gt1fYV~'f"d~`F7i3~9uic; ivr'vi u~n .ca.ic.~ .+u: -f-`rv ft`TU"111(.IUUC'" ... -... ,.t .. _.._ ... meteorological towers as permitted temporary structures in the AG-5 (Agricultural-5) zoning district: Com. Hutchinson .addressed the landscaping requirement for a structure that would be constructed for a short term and in the middle of a pasture. The FPL Attorney addressed the Board's questions on the wind data analysis that will be performed. No action required at this time. The second public hearing is scheduled for August 2, 2011 at 6:00 p.m. or as soon thereafter as it may be heard. B. COUNTY ATTORNEY Ordinance No. 11=022 -Amending procedure for Establishing the Grove Street Lighting District Funding Methodology Consider staff recommendation to adopt proposed Ordinance No. 11-022, as drafted. It was moved by Com. Dzadovsky, seconded by Com. Mowery, to approve Ordinance No. 11.022, and; upon roll call, motion carried, unanimously. C. COUNTY ATTORNEY Ordinance No. 11-023 -Amending Procedure for Establishing Sunland Gardens Street Lighting District Funding Methodology Consider staff recommendation to adopt proposed Ordinance No. 11-023, as drafted. It was moved by Com. Dzadovsky, seconded by Com. Mowery, to approve Ordinance No. 11.023, and; upon roll call, motion carried unanimously. D. PLANNING & DEVELOPMENT SERVICES Class A Mobile Home Permit Request = Aimee Cablish and Eric Townsend Consider staff recommendation to approve adoption of Resolution No. 11-012 approving the petition of Aimee Cablish'and Eric Townsend for a Class A Mobile Home Permit as outlined in the agenda memorandum.: ~ t ' Ms. Cablish, petitioner, addressed the Board questions and indicated the required fees are high and the mobile home was to be placed on the property temporarily until they were able to build thefr house. She asked for the Board's assistance. Com. Mowery recommended the Board consider waiving the fee with the exception of the advertising costs. He expressed his concerns with the high fees imposed for a review. Com. Craft directed staff to bring an amendment to the Ordinance before the Board so that these issues could be handled administratively rattterthan coming to the Board. It was moved by Com. Mowery, seconded by Com. Dzadovsky, to adopt Resolution No. 11- 012 and to waive the permit fee with the exception of the advertising costs, and; upon roll call, motion carried unanimously. 4