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Home My WebLink AboutBaker, Charles DG44S5 RESOLUTIOE NO. 89-109 FILE NO.: RZ-89-005 A RESOLUTION DENYING A PROPOSED CHANGE IN ZONING CLASSIFICATION OF CERTAIN PROPERTY ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners IN of St. County, Florida, has made the following determinations: Lu¢ 1. Charles L. Baker, Jr. & Peggy Baker presented a petition for a change in zoning from AR-1 (Agricultural Residential - 1 du/ac) to AG (Agricultural) .for the property described as follows: 33/35/39 - FROM THE WEST 1/4 OF SECTION 33, RUN NLY ALONG THE WEST LINE OF SECTION 472 FEET; THEN EAST 33 FEET TO THE EAST RIGHT-OF- WA~ LINE OF McCART~ ROAD & POB; THEN CONTINUE. EAST 2-61.86 FEET; THE~ NORTH 81 DEGREES, 39 MINUTES, 34 SECONDS~ EAST 248.78 FEET TO A ~OINT ON A CURVE CONCAVE EASTERLY; THEN NLY ALONG SAID CURVE WITH A RADIUS OF 1070 FEET, CA 08 DEGREES, 52 MINUTES, 15 SECONDS ARC DISTANCE OF 170. 31 FEET; THEN NORTH 89 DEGREES, 21 MINUTES, 11 SECONDS, WEST 496.43 FEET TO A POINT ON THE EAST RIGHT-OF-WAY OF McCART~ ROAD~ THEN SOUTH 208 FEET TO THE POB. 2. The St. Lucie County Planning and Zoning Commission, held a public hearing on the petition, after publishing notice at least fifteen (15) days prior to the hearing and notifying.by mail.-owners of property within five hundred feet (500') of the subject property, and has recommended that the Board deny the hereinafter described request for change in zoning classification from AR-1 (Agricultural Residential - 1 du/ac) to AG {Agricultural) for the property described above. PASSED AND DUL~ ADOPTED this 25th day of ~il, 1989. ATTEST: APPROVED AS TO FORM AND COUNTY ATTORNEY 964455 FI/ED A~F! pF. rn~nr~% 89-109 ~ZONE(b) AR-~ = RED AG - GREEN ii' OKEECHOBEE RD 5'5 -55-59 PETITION OF CHARLES AND PEGGY B~KER BY AGENT: CHARLES RUSS / FOR A CHANGE IN ZONING CLASSIFICATION FROM AR-1 TO AG SU = GREEN PETLTT~[ON OF CHARLES AND PEGGY BAKEI~ BY AGEN-[': CHARLES RUSS TO/ FOR A CHANGE ~[N ZONTNG CLASS-t-FTCAT N FROM AR-l TO AG Date: Apr~l 25, ~ !989 Tape: Commissioners Present: Havert L. F~n; j. Absent convened: adjourned: 9:26 a.m. 4:14 p.m. Chairman Jud~y Culpepper; Vice Chairman Minix~ R. Dale Trefelner; Jack Krieger - Others Prese.~t: Wetdon Le%~is, County Administrator; Tom Kindred, AsS~. County Administrator, Operations; Dan McIntyre, County Krista Storey, Asst. County Administrator; Dennis ~Urphy~ Land Development Manager; Mike Bowers, Road and Bridge Director; Joseph Ma!fait~ Chief Right-of-Way Agent; Carl Warnock, Dir~o~or, P'arks & Recreationj Fred Schanze and Robert Tipton, Sher~ff, s Office; Noreen J. McMahon, Deputy Clerk. (a) ~harles and ~ Boke~ Com. Fenn requested that the Board revisit this petition to inquire who will be responsible to see tha~ this operation has been halted, s~nce t. his petition was denied today~- Staff advised that the Code Enforcement Officer will visit the Bakers and advise them that they are not ~n compliance with the requirements. ~ Q25 QQ~ ~OMM!SSIONERS Date: Tape: April 25, !989 $1, ~2, ~3, ~4 convened: adjourned: 9:26 a.m. 4:!4 p.m. Commissioners Present: Chairman Judy Culpepper; Vice Chairman Havert L. F~; J. ~Minix; R. Dale 'Trefelner; Jack Krieger - Absent (IllneSs). Others Weldon Lewis, County Administrator; Tom Kindred, County~ Admi nis trator, Operations; Dan Mci ntyre, County Attor~i.~y; Krista Storey, Asst. County Administrator; Dennis Murphy, Land Development Manager; Mike Bowers, Road and Bridge Direct~r; Joseph Malfait, Chief Right-of-Way Agent; Carl Warnock, Dir~e'Ctor,- Parks & Recreation; Fred Schanze and Robert Tipton, Sheriff, s Office; Noreen J. McMahon, Deputy Clerk. 17. ~ - ~ t[EAR~ (3-0420) (Proof of publication was presented for the following: ) (a) Charles and ~ Baker Reference was made to memorandum from Land Development Manager, addressed to the County Administrator, ~ County Commission, dated April 14, 1989, re: "Petition of Charlesl~L., .Baker, Jr. , and Peggy Baker by Agent: Charles Russ for a Change in Zoning from A~-I (Agricultural, Residential - 1 du/ac) to AG -(Agricultural). ,, This property is located on the east side of McCarty Road, 3/4 of a mile south of Okeechobee Road. The petitioner intends to establish a horticultural service business facility for the citrus operations in the area. The following people were present to speak to this issue: ......C3~ar!es~?~ -Russ,cf on behalf o~ the petitioner, was preser.,~ zo request Guittory; Mabel Fawcett, representing owners of No. 18, Citrus Grove; Charles R. p. Brown, representing Gladys McCarty Jacobsen; Thomas Speach presented pictures and di~a~rams; Steve Anderson; Mark Ferrmter; Steve Anderson also requested a show of hands of those who opposed this petition and apPrOximately 22 hands were raised; Chairman Culpepper requested a show of hand of those who had15 hands taken were°ff~ raised, from work to attend this meeting and approximately It was moved by Com. Minix, seconded by Com. Fenn, to deny the petition of Charles L. Baker, Jr. and Peggy Baker for a Change in Zoning from AR-1 (Agricultural, Residential - 1 du/ac) to AG (Agricultural) because the land in question had been re-zoned in 1984 to be Residential with Agricultural leanings on Residential Property and clearly does not fit into that category; the residents in the area have put a lot of time and money into their homes and these are in very close proximity to this land; and also t~at this is the wrong area to do business of this nature; and, upon roll call, motion carried unanimously. TO: FROM: DATE: On Land Development Manager April 14, 1989 and peggy -Baker, by ~les L. Baker, Jr. , Russ, for a Ohange in zoning from AR-1 Residential - 1 du/aC) to AG On the ou & Peggy Baker, 5. 1989, Y ~.~r. Jr., an .... located o~ ~;~'AR-1 to ~u, ~le south cz ~;'-service Road, o~_ha~liSh a ~o=u~ ~ndS tO e~u the ar~a citrus operations zn ~r zn d , e Land DevelOpment rev~ewe,_:~.nt w~th th _~ ooliCY plan. it conS~k~U~h Managemenu ~ , ie countyGr°w~ .... ntV planning Lucie uu~vlon. T~e . ~ 1989, the S~L~ ~n this Y~- and 'on ~o, L.~4C hear~ ~ the planning held a p~- before drives aPPeared operated a stated the petitioners have iness for area groves for the last 1-1/1 Their request is to be compliant with the neighboring residents Twenty two (~) e. petition- They cited concerns to oPP°se this on MccartY Road, the ability of the bridges ~rrying heavy machinerY, and the residential hborhOOd being adversely affected by this spot on the over this application as a possible along with the probable adverse impacts weight network as well as the bridge planning and zoning commissiOn unanimously denial of this petition- April 14, 1989 Page 2 Subject: Baker Rezoning Petition Attached, you will find a copy of Draft Resolution 989-109, our original staff report, and the minutes of the March 23, 1989, Planning and Zoning Commission meeting. If you have any questions on this matter, please let us know. Staff recommends approval of Draft Resolution ~89-109. CONCURRENCE: ~v~o~t~c ~rector Daniel S. ~ County Att°r~/ey--/ / // DJM/RMS/sh Attachment BAKER2 ( RMS- 8 ) cc: Asst. Co. Admin. Kindred County Attorney Charles Russ Commission Secretary Pres s / Publ i c TUESDAY AGENDA - BOARD OF COUNTY COMMISSIONERS APRIL 25, 1989 !: 30 P.M. Petition of Charles L. Baker, Jr. and Peggy Baker, by Agent: Charles Russ, for a change in zoning from AR-1 (Agricultural, Residential - ! du/ac) to AG (Agricultural) for the following described property: 33 35 39 FROM W ¼ COR RUN NLY ALG W I.I OF SEC 472 FT, TH E 33 FT TO E R/W MCCARTY RD & POB, TH CONT E 261.86 FT,-TH N 81 DEG 39 MIN 34 SEC E 248.78 ET TO PT ON CURVE CONC ELY, TH NLY ALG SD CURVE WITH R OF 1070 FT, CA 08 DEG 52 MIN 15 SEC, ARC DIST I70.31 ET, TH N 89 DEG 21 MIN il SEC W 496.43 FT TO PT ON E R/W MCCARTY RD, TH S 208 FT TO POB. {Location: East side of McCarty Road right-of-way, approximately 3542. 4 ft. south of Okeechobee Road) If it becomes necessary, these public hearings may be continued from time to time. Please note that all proceedings before the Board of County Commissioners are electronically recorded. If a person decides to appeal any-~deci'sion made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to 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. Prior to this public hearing, notice of the same was sent to all adjacent property owners April 4, !989. Legal notice was published in the News Tribune~ a newspaper of general circulation in St~ Lucie County, on April 5, 1989. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /s/ Judy Culpepper, Chairman FILE NO. RZ-89-005 Agenda Item: File Number: RZ-89-005 M E M O R A N D U__~ TO: F ROM: -. DATE: SUBJECT: Planning and Zoning Commission Land Development Manager March 16, 1989 Petition of Charles L. Baker, Jr. , and Peggy Baker, represented by Agent: Charles Russ, for a Change in Zoning from AR-1 (Agricultural, Residential, Single Family - 1 du/ac) to AG (Agricultural). LOCATI ON: EXISTING ZONING: PROPOSED ZONING: EXISTING LAND USE: PARCEL SIZE: PROPOSED USE: SURROUNDING ZONING: SURROUNDING LAND USE: FI RE/EMS PROTECTI ON: WATER/SEWER SERVICE: East side of McCarty Road, 3/4 of a mile south of Okeechobee Road. AR-1 (Agricultural, Residential, Single Family - 1 du/ac). AG (Agricultural) SU (Semi-Urban) 2.3 Acres To provide horticultural services for citrus businesses in the area. AR-l, and AG East of McCarty Road are single family residents, West of McCarty Road are citrus groves. Station %6 (White City) is located eight miles away. On site facilities to be provided. March 16~ 1989 Page 2 Petition: Baker, Charles & Peggy File No.: RZ-89-005 STANDARDS FOR REVIEW: In reviewing this application for proposed amendment to the Official Zoning Atlas, the Planning and Zoning Commission shall consider and make the following determinations: Whether the proposed amendment is i-n conflict with any applicable portions of this Ordinance; The proposed change in zoning is consistent with the Spirit and intent of the St. Lucie County Ordinance, Agricultural (AG) zoning district regul ati OhS. 2. Whether the proposed amendment is consistent with all elements of ~[-'~e St. Lucie County Growth Management Policy Plan; The proposed change in zoning is consistent with the St. Lucie County Growth Management Policy P1 an. 3. Whether and the extent to which the proposed amendment is inconsistent with existing and proposed land uses; The proposed change in zoning is consistent with the agricultural and residential uses in the area. 4. Whether and the exten~c 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, and emergency medical facilities; The proposed development is not expected to create an excessive demand on public facilities in this area. March I6, 1989 Page 3 Petition: Baker, Charles & Peggy File No.: RZ-89-005 Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The Proposed rezoning is not anticipated to create any adverse impacts on the natural environment. To the best of our information, the site does not contain any threatened or unique environmental habitat. 6. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern, specifically identifyin~ any negative effects on such pattern; The Proposed amendment is consistent with the development policies of the St. Lucie County Growth Management Policy Plan. Whether the Proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and interest of th~s Ordinance; and ~. The proposed amendment has been determined not to conflict with the public interest and the St. Lucie County Zoning Ordinance. The petitioners, Charles L. Baker, AG Jr., and Peggy Baker, are proposing to rezone this property to '3[Agricultural' for the purpose of establishing a horticultural business will serve the grove operations on the business. West sideZ°ning~ThiSof McCarty Road. The location of citrus-related industrial activities near theDagriculturalguidelinesdiStrict is consistenu~ with the Agricultural Develo_ment as outlined on p. 76 of the St. Lucie County Growth Management Policy Plan. Staff has reviewed this petition and found it consistent with the standards of review in the St. Lucie County Zoning Ordinance and St. Lucie County Growth Managemeht Policy Plan. CountyStaff recommends that with you forward this petition to the Board of Commissioners a recommendation of approval. March i6~ 2989 Page 4 Petition. Baker, Charles & Peggy File No. : RZ-89-005 If you have an'y questions on this matter, please let us know. DJM/RMS BAKERI(RMS-RZ6) cc: County Attorney Mr, Charles and Peggy Baker Suggested motion to MQTI____ON _TO APPROVE: approve/deny this requested change in zoning AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET IN SECTION 5. 3. 300, ST. LUCIE COUNTH ZONING ORDINANCE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND TO THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE PETITION OF CHARLES L. BAKER, JR. , AND PEGGY BAKER FOR A CHANGE IN ZONING FROM AR-! (AGRICULTURAL, RESIDENTIAL, SINGLE FAMILY- I 5U/AC) TO AG (AGRICULTURAL). MO_~TiON TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, I NCLUDI NG STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET IN SECTION 5. 3. 300, ST. LUCIE COUNTY ZONING ORDINANCE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE PETITION OF CHARLES L. BAKER, JR. , AND PEGGY BAKER FOR A CHANGE IN ZONING FROM AR-I (AGRICULTURAL, RESIDENTI.AL, SINGLE FAMILY - ~ DU/AC) TO AG (AGRICULTURAL) BECAUSE . . . [CITE REASON WHY - PLEASE BE SPECIFIC]. THURSDAY AGENDA PLANNING AND ZONING COMMISSION MARCH 23, 1989 7:00 p.M. Petition of Charles L. Baker, Jr. and Peggy Baker, by Agent: Charles Russ, for a change in zoning from AR-1 (Agricultural; Residential _ ! du/ac) to AG (Agricultural) for the fo/lowing described property: 33 35 39 FROM W }x COR RUN NLY ALU W 1. I OF SEC 472 FT, TH E 33 .PT TO E R/W MCCARTY RD & POB, TH CONT E 261.86 FT, TH N 8t DEG 39 MIN 34 SEC E 248.78 FT _-- TO Pl' ON CURVE CONC ELY, TH NLY ALG SI} CURVE WITH R OF 1070 FT, CA 08 DEG 52 MIN 15 SEC, ARC DIST ~70.3! FT, TH N 89 DEG 21 MIN ~1 SEC W 496.43 FT TO PT ON E R/W MCCARTY RD, TH S 208 FT TO POB. (Location: East side. of McCarty Road right-of-way, 3542. 4 ft. south of Okeechobee RoaR) apProximateiZ] Please note that all proceedings before the Planning an~ Zoning Commission are electronically recorded. If a person de cides to appeal any decision made by the Planning and Zonin(. · Commission with respect to any matter considered at such meeting ' or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record ofl the Proceedings is made, which record includes the testimony an~ evidence upon which the appeal is to 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. Prior to this public hearing, notice of the same was sent to all adjacent property owners March 1, ~989. Legal not/ce was published in the News ~i~ribune, a newspaper of general c~rculation in St. Lucie CounEy, on March 2, 1989. FILE NO. RZ-89-005 Orange Servic:e Co. Inc. P- O. Sox 852 ' Clen~ont, FL 3272I Ch-ir]es & Peg.-qv. :.. Ptker~ _ 5000 Avenue .q Ft. Pierce, FL 34947. 1, 17 G2adys p. b~Carty 178 Cline Rd. Sequ/m, ~4 98382 4 Anthony & Mary Caruso 11625 Twin Creeks Dr. Ft. Pierce, FL 34945 8 William& Pamela Anderson l1667Twin Creeks Dr. Ft. Pierce, FL 34945 12 Thomas & Shell~ Williams 11581 Orange Ave. Ft. PierCe, FL 34945 15 John & Katherine PUrcell 1402 Nebraska Ave.. #7D Pt,. Pierce, FL 34950 Count), Roads SLC Ac~q~. Bldg. Anne_x Rcx~d Right of ~qay ~,~00 Vji-ginla Av~_~. l~- Pierce, ~7, 34982 Jerz~z & Crystal Steger 4170 McCarty Rd. Ft. Pierce, FL 34945 5, 6 Samuel V. Rowe 4699 0leander Ave. Ft- Pierce, FL 34982 9, 16 Thomas & Deborah Speach 11800 Twin Creeks Dr. Ft. Pierce, FL 34945 13 Patrick & Suzette Hood 4100 Glades Rd. Ft- Pierce, FL 3498~ i8 Palm Indian Inc. c/o C. F. Fawsett, Jr. P. O. Box 4087 Ft. Pierce, FL 34948 Cana } ? No. St. Lucie River 272] So. Jenkins FL..Pierce. FL 34981 Leon & Joan 2926 Sherwc< Pt- Pierce, 7 Diane Lanler 1005 Nebraska Ft. Pierce, 11 Sharon L. 11885 Twin Ft. Pierce, FL 14 8609 E Boca Gl, Boca Raton, FI, SU = GREEN 90KEECHOBEE RI) 33 -35-39 PETITION OF CHARLES AND PEggY BAKER BY AGEN]~: CHARLES RUCq FOR A CHANGE ~N ZONING CLASS~FtCA-[~ON FROM AR-- ! TO AG AR-1 = RED AG = GREEN i~ OKEEC'HOBEE RD 5~-55-59 ?ETiT~_ON OF CHARLES AND PEggY BAKER BY AGENT: CHARLES RUSS FOR A CHANGE IN ZONINg CLASSIFICATION FROM AR-I TO AG PLANNING AND ZONING COMMISSION LOCAL PLANNING AGENCY .ST. LUCIE COUNTY, FLORIDA REGULAR MEETING MINUTES BOARD MEMBERS PRESENT: J. P. Terpening, Patricia King, Joseph Sciturro, Ken Pruitt, Dixon McCain, Douglas SkidmOre, Robert Carman, Jo Ann Allen (late - 7:44 P.M.), Ralph Flowers (left at 8:26 P.M.). BOARD MEMBERS ABSENT: None. OTHERS PRESENT: Krista Storey, Assistant County Attorney; Dennis J. Murphy, Land Development Manager; Chris Bove, Environmental Planner III; Ray Skorzewski, Planner I; and, Dolores Messer, Secretary. TAPES: 1, 2, and 3 DATE OF HEARING: MARCH 23. 1989 PRESS ATTENDANCE: PALM BEACH POST INVOCATION: The Invocation was given by Mrs. Patricia King. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led Chairman Terpening. by FEBRUARY 23, 1989 PLANNING AND-ZONING COMMISSION/LOCAL PLANNING AGENCY REGULAR MEETING - MINUTES APPROVAL: ReGarding the Minutes of the February 23, 1989 Regular MeetinG of the PlanninG and Zoning Commission/Local Planning AGency, Mr. Pruitt made a motion to approve the subject minutes. Mr. McCain seconded the motion, and upon roll call, the Board voted unanimously in favor of the motion, with the exception of Patricia KinG and Douglas Skidmore who were not present at the subject meetinG. PUBLIC HEARING - CHARLES L. BAKER, JR. AND PEGGY BAKER - FILE NO. RZ-89-005: Petition of Charles L. Baker, Jr., and Peggy Baker, by Agent: Charles Russ, for a change in zoning from AR-1 (Agricultural, Residential - 1 du/ac) to AG (Agricultural) for property located on the east side of McCarty Road, 3/4 mile south of Okeechobee Road. Mr. Charles Russ presented the petition. Mr. Sciturro questioned the reason for the change in zoning request. Mr. Russ said ~he'petitioners have occupied the subject property for 1-1/2 years and the request is to be in compliance with their hedging and tOpping business. They have equipment for trimming citrus groves, etc. and service groves in the subject area, other portions of St, Lu¢ie County and most of the east coast of Florida. At the request of Chairman Terpening, 22 people raised their hands to indicate their opposition to the petition. Mr. Thomas'Speach, representing twenty families within 500 ft. to 600 ft. of the subject property, stated concern regarding the petitioners not having an Occupational License to operate their business at the subject property. The Environmental Protection Agency found oil that had been spilled on the ground in this environmentally Sensitive .area. Ground water in this area drains into Ten Mile Creek. Mr. Speach said that equipment weighing an estimated 25 to 30 tons has been brought to the subject property for maintenance or repair. The capacity of the local bridge (with wooden pilings) is only 12 tons. T-he roadway is a single- lane that barely handles existing traffic. Mr. Speach said the homes in the area are very nice, and the residents bought in the area because it was quiet and away from industrial uses. He said that the petitioners begin work early in the morning on Saturdays and Sundays which disrupts the neighborhood. Mr. Parker Platts said the area along Ten Mile Creek is proposed in the draft Land Use Element of the new Comprehensive Plan as Private Conservation, which means the area is environmentally sensitive. He said the petitioners' business relies on large quantities of diesel fuel held in a tank that holds between 500 and 1,000 gallons. The tank does not have a retaining wall to protect the environment from possible leaks. Mr. Sam Rowe stated his concern regarding the permitted in an AG zoning district which he felt is with the nearby residential neighborhood. Attorney Garrison M. Dundas, (formally Gladys McCarty), stated other uses incompatible representing Gladys Jacobson that Ms. Jacobsen is developing aadacen~ ~=o~e=~ ~n~o s~ng~e ~ami~y =es&aences. He sa~a the subBec~ a=ea conea~ns beau~i~u~ bo~es. ~be=e a=e g=oves ~a~e~ on the west side .of McCarty Road, as well as an existing horticultural business. The subject property has an existing single family residence, in the back of w~ich is a shed and an oil tank. The prior use was single family residential, and the existin~ uses surroundin~ the proper~y is single family residential, interspersed with small 9roves. Referencing Standard of Review No. 3, Mr. Dundas said the proposed use is consistent with the area's agricultural uses, but it is not consistent with'the-area's residential uses. The p~op0sed use would be located in the middle of a residential a~ea. Referencing Standard of Review No. 4, Mr. Dundas said McCarty Road is a single-lane road with two 12 ton capacity bridges. The equipment from the proposed use would weigh approximately-30 tons. McCarty Road and its bridges could not handle the excessive weight and corresponding wear and tear. Referencing, Standard of Review No. 6, Mr. Dundas said the proposed use is not consistent with the GMPP because the area is developing into a beautiful residential area. Referencing Standard of Review No. 7, Mr. Dundas said the proposed amendment would be in conflict with the public interest. Supporting this s~atement, he said the environment could be threatened by maintenance or refueling activities on the subject property. Mr. 'Marvin Kelly stated that he felt this particular use should be located -on property zoned IL, of which there is plenty in St. Lucie County. Mr. Nyme Farage-stated his concern regarding encroachment into a residential neighborhood and devaluation of his property. Regarding Staff comments, Mr. Murphy said Staff felt the proposed change is generally consistent with the Semi Urban Land Use Classification. It should be noted that there are specific policies within the GMPP and previous actions of the Board of County Commissioners that encouraged the location of grove or related service operations in the western portions of the County. Staff recommended approval of the petition as consistent with the GMPP. In response to questioning by Mr. Carman, Mr. Murphy indicated he did not have any information regarding an Occupational License for the existing use on the subject property. Mr. Carman then asked if Mr. Murphy felt there would be a change in land use proposed for the subject property in the draft Comprehensive Plan? Mr. Murphy felt there probably would not be a significant change in land use in the new Comprehensive Plan for this specific property. Mr. Russ said that it was due to an oversight that the petitioners have not obtained an Occupational License. Application for an Occupational License would be made if the request for a change in zoning is approved. Regarding hazardous materials on the site, Mr. Russ said the petitioners are in compliance with State and County regulations regarding the fuel tanks and the method used for pumping from the tanks. He said that all hazardous materials are being disposed, of properly. Batteries, etc. are kept inside a building with a concrete floor. -The' building is 50 sq. ft. in area and 16 ft. in height. The previous owners had a bulldozer service and worked from the subject property. No changes have. been made to the building. Regarding equipment weight going over the previously mentioned bridges, Mr. Russ said the equipment weighs less than a load of fertilizer or fruit which presently accesses the subject bridges. In response to questioning by Mr..Terpening, Mr.'Russ said the equipment weighs 15 tons.. The petitioners have units with Florida tag~ that weigh as much as 92,000 pounds, but they are very much ~ware of the bridge laws. He said they have asked area citrus growers how they uSe the roads and bridges. The citrus growers said°they have an agreement with the County to continue to move their fruit from their property and access roads and bridges. He said at the time the bridges were actually marked with the weight limits, rather than when the bridges were built.??? This is not uncommon considering the way that other counties deal with the reclassification of bridges to different weight standards than what they were when they were built. He said there is presently tractor-trailer traffic on McCarty Road, which is single lane. He has not observed vehicles having to run off the road to let another vehicle pass. He felt that the request is consistent with the existing vehicles utilizing McCarty Road and the bridges. He said that citrus trucks also start their motors early in the morning. Regarding Staff's comment on Standard of Review No. 4, "The proposed development is not expected to create an excessive demand on public facilities in this area. ", Mr. Carman said that bridges are public facilities. Mr. Murphy said when Staff reviews a petition, they look at the primary compatibility of the zoning classification and the land use classification. Regarding development on the property, the petitioners would have to be cognizant of any restrictions on the bridges. The developer is responsible to see that any necessary roadway improvements are done. The developer must either comply with what is existing or make improvements to bring it up to acceptable standard. Mr. Carman asked who would be responsible to see that necessary improvements are made? Mr. Murphy said, im~th.6-:a, bs~a,c% and in the normal development review procedure, the County, City or State (whoever issued the Development Order) would be responsible to ensure that any special conditions of approval were followed. In the specifics of this case, should the Board of County Commissioners approve the petition, it would be the County's responsibility to assure that no vehicle in excess of the posted bridge weight limits use those bridges. This would be accomplished either through the Sheriff's Department or through County observation acting on a violation complaint. Hearing no further public comment in favor of or in opposition to the petition, Chairman Terpening closed the public portion of the hearing. Mr. Sciturro felt the petition represents spot zoning in that the subject property is bounded on three sides by AR-1 zoning. He felt the subject use should be located on a larger piece of property already zoned AG. Mr. Terpening stated his concern for the weight limit on the bridges. He said there-have-been a couple of instances where when the County repaired a bridge, they were also responsible to construct 'detours to keep a business in operation. He did not feel the Sheriff's Department could logically enforce the bridge weight limit 24 hours a day. He did not feel proper access is available to justify commercial use. After considering_ the testimony presented during the public hearing, including Staff comments and the Standards of Review as set in Section 5.3.300, St. Lucie County Zoning Ordinance, .Mr. Pruitt made a motion that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners deny the petition of Charles L. Bakery Jr., and Peggy Baker for a change in zoning from AR-1 (Agricultural, Residential - 1 du/ac) to AG (Agricultural) because of disturbance of the surrounding neighborhood by noise and pollution, because of the close proximity of Ten Mile Creek and the environmentally sensitive area, because of the changing nature of the land use from Agricultural to single family residences, and because of the stated concerns of the surrounding residents. Mrs. King seconded the motion, and upon roll call, the Board voted unanimously in favor of the motion, with the exception of Mrs. Allen who had not yet arrived. Chairman Terpening informed the petitioner's agent that the petition will be forwarded to the Board of County Commissioners with a recommendation of denial. The Board then recessed from 7:38 P.M. until 7:44 P.M. 5 RESOLUTION NO. 89-109 FILE NO.: RZ-89-005 A RESOLUTION CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. County, Floridaj has made the following determinations: Lucie 1. Charles L. Baker, Jr. & Peggy Baker, presented a petition for a change in zoning from AR-/ (Agricultural Residential - 1 du/ac) to AG (Agricultural) for the property described below. 2. The St. Lucie County Planning and Zoning Commission, held a public hearing on the petition, after publishing notice at least fifteen (15) days prior to the hearing and notifying by mail owners of property within five hundred feet {500' )~ of the subject property, and has recommended that the Board deny the hereinafter described request for change in zoning classification from AR-1 (Agricultural Residential - 1 du/ac) to AG (Agricultural) for the property described below. 3. On April 25, 1989, this Board held a .public hearing on the petition, after publishing a notice of'such hearing in the Fort Pierce News Tribune on April 5, 1989, .and notifying 'by mail all owners of property within 500 feet of the subject property. 4. The proposed zoning change is consistent with the St. Lucie County Growth Management Policy Plan and has satisfied the standards of review set out in Section 5.3..'300 of the St. Lucie County Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The Zoning Classification for that property described as follows: 33, 35, 39 - FROM THE WEST 1/4, RUN NL¥ ALONG WEST LINE OF SECTION 472 FEET, THEN EAST 33 FEET TO THE EAST RIGHT OF WAY OF McCARTY ROAD & POB, THEN CONTINUE EAST 261.86 FEET, THEN NORTH 81 DEGREES, 39 MINUTES, 34 SECONDS, EAST, 248.78 FEET TO A POINT ON A CURVE CONCAVE EASTERLY, THEN NLY ALONG SAID CURVE WITH A RADIUS OF 1070 FEET, CA 8 DEGREES, 52 MINUTES, 15 SECONDS, ARC DISTANCE 170. 31 FEET, THEN NORTH 89 DEGREES, 21 MINUTES, 11 SECONDS, WEST 496.43 FEET TO A POINT ON EAST RIGHT-OF- WAY OF McCARTY ROAD, THEN SOUTH 208 FEET TO THE POB. ' owned by Charles & Peggy Baker, be and the same is hereby, changed from AR-1 (Agricultural Residential - 1 du/ac) to AG (Agricultural). B. The St. Lu~ie County Community Development Director is hereby authorized and directed to cause the changes to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as fol 1 ows: Chairman Judy Culpepper Vice-Chairman Havert L. Fenn XX Commissioner R. Dale Trefelner Commissioner Jack Krieger Commissioner Jim Minix XX PASSED AND DULY ADOPTED this 25th day of April, 1989. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CLERK BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 89-109 REZONE(b) MEMORANDUM TO: FROM: DATE: Assistant County Administrator Development Director ~ ~/~~ April 20, 1989 SUBJECT: Request for Hearing Date Please place on the agenda for_Tuesday, April 25, 1989, a request for permission to advertise the following petitions for hearing on the date set forth: BCC'HEARING DATE: APRIL 25, 1989 Petition of Charles L. Baker, Jr., and Peggy Baker, by Agent: Charles. Russ, for a change in zoning from AR-1 (Agricultural, Residential - 1 du/ac) %o AG (Agricultural). Petition of Rudy Andrae for a change in land use (Medium Density Residential Development) to CH Commercial Development). from RM (Highway ~Petition of RudyAndrae for a change in zoning from RMH-5 (ReSidential, MObile~ Home - 5 du/ac) to CG (Commercial, General). Petition of Board of County Commissioners on behalf of Liberty Baptist Church, by Agent: Rev. W. L. Cooley, from AR- 1 (AgricUltural, Residential - 1 du/ac) to I (Institutional). Petition of Calvin R. Holland, by Agent: Bruce R. Abernethy, for a change in zoning form IL (Industrial, Light) to CG (Commercial~ General). cc: County Administrator 33 35 39 FROM W ¼ COR RUN NLY ALG W LI OF SEC 472 FT, TH E 33 FT TO E R/W MCCARTY RD & POB~ TH CONT E 261.86 FT, TH N 81 DEG 39 MIN 34 SEC E 248.78 FT TO PT ON CURVE CONC ELY, TH NLY ALG SD CURVE WITH R OF 1070 FT, CA 08 DEG 52 MIN 15 SEC, ARC DIST 170.31 FT, TH N 89 DEG 21 MIN 11 SEC W 496.43 FT TO PT ON E R/W MCCARTY RD, TH S 208 FT TO POBo current RIW planned R/~ current status Co~entS: Vivian susan 5 Yr. ~o plan -------- CC~ ~ty Roads SLC Ada. Bldg. Annex Road Right of Way 2300 Virginia Ave. Ft. Pierce, FL' March 1, 1989 In compliance with the provisions of the St. Lucie County ordinance, you are hereby advised that Charles L. Baker, Jr. by Agent: 'Charles Russ, have petitioned the P] Commission for a change in zoning from AgriCultural, Residential - 1 du/ac) to AG (Agricultural) t(he f oi1 owing described property: 33 35 39 FROM W ¼ COR RUN NLY ALG W LI OF SEC 472 FT, TH E 33 FT TO E R/W MCCARTY RD & POB, TH CONT E 261.86 ET, TH N 81 DEG 39 MIN 34 SEC E 248.78 FT TO PT ON CURVE CONC ELY, TH NLY ALG SI) CURVE WITH R OF 1070 FT, CA 08 DEG 52 MIN 15 SEC, ARC DIST 170.31 ET, TH N 89 DEG 21 MIN 11 SEC W 496.43 FT TO PT ON E R/W MCCARTY RD, TH S 208 FT TO POB. (Location: East side of McCarty Road right-of-way, approximately '3542:. 4 south of Okeechobee Road) The first public hearing on the petition will be held at 7:00 p. Thursday, March 23, 1989, in Room 101, St. Lucie County tration Building, 2300 Virginia Avenue, Fort Pierce, All interested persons will be given an opportunity to be heard at that time. note that all proceedings before the Planning and zoning ion are electronically recorded. If a person decides to any decision made by the Planning and zoning Commission to any matter considered at such meeting or hearing, need a record of the proceedings, and that, for such he may need to ensure that a verbatim record of the is made, which record includes the testimony and e upon which the appeal is to be~ based, upon the request party to the proceeding, individuals testifying during a will be sworn in. Any party to the proceeding will be an opportunity to cross-examine any individual testifying LLk4t COU .~ hearing upon request. If no longer own property adjacent to the above-described please forward this notice to the new owner. The pe~ oners propose to provide horticulture service of _tural equipment operator for hedging, topping, and furrow For your information a copy of the AG zoning is ed. If you have any questions, additional information may be obtained by calling Area Code 407, 468-1553. AND ZONING COMMISSION ~~g/~.~ Terpening, irman FILE ~.O. t~Z~8~9-005 HAVERT L. FENN. District No. I · JUDY CULPEPPER, District No. 2 · JACK KRIEGER. District No. 3 · R DALE TREFELNER. District No. 4 · JIM MINIX, District No. 5 Coun~ Adrnims~rator -- WELDON BE LEWIS 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 Director: (407) 468-1590 · Building: (407) 468-1553 · Planning: (407) 468-I 576 Zoning: (407) 468-1553 · Code Enforcement: (407) 468-1571 BOARD OF COUNTY COMMiSSION£RS D6V6LOPM6NT DIR6CTOR TERRY L. VlRTA May 11, 1989 Mr. Charles Russ Agent for Charles L. Baker, Jr. & Peggy Baker c/o Orange Service Co., Inc. P. O. Box 852 Clermont, FL 32711 Dear Mr. Russ: This letter is to inform ~you that on April 25, 1989, the St. Lucie County Board of County Commissioners denied the petition of Charles L. Baker, Jr. and P. eggy Baker for a change in zoning from AR-1 (Agricultural, Residential - 1 du/ac) to AG (Agricultural) for property located'on the east side of McCarty Road, 3/4 mile south of Okeechobee Road.~, A copy of recorded ResOlution No..89~109 is enclosed for your information. Sincerely, BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Judy Culpepper, Chairman dcm Enclosure HAVERT L. FENN, District No. I e JUDY CULPEPPER. District No. 2 · JACK KRIEGER District No. 3 · R, DALE TR£FELNER. District No. 4 e JIM M~NIX District No. 5 County Aciministrator -- WELDON BE LEWIS 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 Director: (407) 468-1590 · Building: (407) 468-1553 · Planning: (407) 468-1576 Zoning: (407) 468-1553 · Code Enforcement: (407) 468-1571 TUESDAY AGENDA - BOARD OF COUNTY COMMISSIONERS APRIL 25, 1989 1'. 30 P.M. Petition of Charles L. Baker, Jr. and Peggy Baker, by Agent: Charles Russ, for a change in zoning from AR-1 (Agricultural, Residential - 1 du/ac) to AG (Agricultural) for the following des cribed property: 33 35 39 FROM W ¼ COR RUN NLY ALG W LI OF SEC 472 FT, TH E 33 FT TO E R/W MCCARTY RD &POB, TH CONT E 261.86 FT, TH N 81 DEG 39 MIN 34 SEC E 248.78 FT TO PT ON CURVE CONC ELY, TH NLY ALG SD CURVE WITH R OF 1070 FT, CA 08 DEG 52 MIN 15 SEC, ARC DIST 170.31 ET, TH N 89 DEG 21 MIN 11 SEC W 496.43 FT TO PT ON E R/W MCCARTY RD, TH S 208 ET TO POB. (Location: East side of McCarty Road right-of-way, approximately 3542. 4 ft. south of Okeechobee Road) If it becomes necessary, these public hearings may be continued from time to time. Please note that all proceedings before the Board of County Commissioners are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to 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. Prior to this public hearing, notice of the same was sent to all adjacent property owners April 4, 1989. Legal notice was published in the News Tribune, a newspaper of general circulation in St. Lucie County, on April 5, 1989. BOARD OF COUNTY COMMI SSI ONERS ST. LUCIE COUNTY, FLORIDA /s/ Judy Culpepper, Chairman FILE NO. RZ-89-005 Charles Russ Or~nge Service Co., Inc. P. O. Box 852 Clermont, FL 32711 1, 17 Gladys P. M~Carty 178 Cline'Rd. Sequim, WA 98382 Charles & Peggy Baker 5000 Avenue M Ft. Pierce, FL 34947 ,PROPERTY CB~{S NOTIFIED 2 Jerry& Crystal Steger 4170M~Carty Rd. Ft. Pierce, FL 34945 3 Leon & Joan Lewis 2926 Sherwood Ln. Ft.-Pierce, FL 34982 4 Anthony &Mary~ 11625 Twin Creeks Dr. Ft. Pierce', FL 34945 5, 6 Samuel V. Rowe 4699 Oleander Ave. Ft. Pierce, FL 34982 Diane Lanier 1005 Nebraska Ave. Ft. Pierce, FL 34950 8 William& Pamela Anderson l1667Twin Creeks Dr. Ft. Pierce, FL 34945 9, 16 Thomas & Deborah Speach 11800 Twin Creeks Dr. Ft. Pierce, FL 34945 11 Sharon L. Staran Nancy L. Stamm 11885 Twin CreeksDro Ft. Pierce, FL 34945 12 Thoms & Shelly Williams 11581 Orange Ave. Ft. Pierce, FL 34945 13 Patrick & Suzette Hood 4100Glades Rd. Ft. Pierce, FL 34981 14 Barry F. Wood 8609 E Boca Glades Blv. W Boca Raton, FL 33434 15 John& Katherine Purcell 1402Nebrasl~Ave., #TD Ft. Pierce, FL 34950 County Roads SLCAdm. Bldg. Annex Road Right of Way 2300 Virginia Ave. Ft. Pierce, FL 34982 18 Palm Indian Inc. c/o C. F. Fawsett, Jr. P. O. Box 4087 Ft. Pierce, FL 34948 Canals No. St. LucieRiver Water Mgmt. District 2721 So. Jenkins Rd. Ft. Pierce, FL 34981 BOARD OF COUNTY COMMISSIONERS April 4, 1989 DEVELOPMENT DIRECTOR TERRY L. VIRTA In compliance with the provisions of the St. Lucie County Zoning Ordinance you are hereby advised that Charles L. Baker, Jr. and Peggy Baker, by Agent: Charles Russ, have petitioned the Board of County Commissioners for a change in zoning from AR-1 (Agricultural, Residential - 1 du/ac) to AG (Agricultural) for the following described property: 33 35 39 FROM W ¼ COR RUN NLY ALG W LI OF SEC 472 FT, TH E 33 ~ TO E R/W MCCARTY RD &POB, TH CONT E 261.86 FT, TH N 81DEG 39 MIN 34 SEC E 248.78 FT TO PT ON CURVE CONC ELY, TH NLY ALG SD CURVE WITH R OF 1070 FT, CA 08 DEG 52 MIN 15 SEC, ARC DIST 170.31 FT, TH N 89 DEG 21 MIN 11 SEC W 496.43 ~ TO PT ON E ~W MCCAR~ ~, TH S 208 FT TO POB. (no i i6nq- ast side McCarty Road righ~-of-way, approximately 3542.4 ft. south of Okeechobee Road) The Board of County Commissioners will hold a public hearing on this petition at 1:30 P.M. on Tuesday, April 25, 1989 in St. Lucie County Commission Chambers, third floor of County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. The petitioners wish to provide horticulture service of agricultural equipment operator for hedging, topping and furrow shaping. Please note that all proceedings before the Board of County Commissioners of St. Lucie County, Florida, are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter con- sidered at such meeting or hearing, he will need a record of the proceedings, and that, 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, these public hearings may be continued from time to time. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. If you should have any questions, additional information may be obtained by calling Area Code 407, 468-1553. Si ncerel y, BOARD OF COUNTY COMMISSIONERS Jud~ Cu~pepp~r/ ~Chairman FILE NO. RZ-89-005 HAVERT L. FENN, District No. 1 · JUDY CULPEPPER, District No. 2 · JACK KRIEGER, District No. 3 · R. DALE TREFELNER. District No. 4 · JIM MINIX. District No. 5 County Administrator -- WELDON BE LEWIS 2300 Virginia A~enue · Fort Pierce, FL 34982-5652 Director: (407) 468-1590 · Building: (407) 468-1553 · Planning: (407) 468-1576 Zoning: (407) 468-I 553 · Code Enforcement: (407) 468-1571 NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commis- sioners in and for St. Lucie County, Florida, will at 1:30 P.M. on Tuesday, April 25, 1989, in St. Lucie County Commission Chambers, third floor of County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida hold a public hearing on: Petition of Charles L. Baker, Jr. and Peggy Baker, by Agent: Charles Russ, for a change in zoning from AR-1 (Agricultural, Residential - 1 du/ac) to AG (Agricultural) for the following described property: 33 35 39 FROM W ¼ COR RUN NLY ALG W LI OF SEC 472 FT, TH E 33 FT TO E R/W MCCARTY RD & PCB, TH CONT E 261.86 FT, TH N 81 DEG 39 MIN 34 SEC E 248.78 FT TO PT ON CURVE CONC ELY, TH NLY ALG SD CURVE WITH R OF 1070 FT, CA 08 DEG 52 MIN 15 SEC, ARC DIST 170.31 FT, TH N 89 DEG 21 MIN 11 SEC W 496.43 FT TO ~PT ON E R/W MC_C_~ABTY RD, TH ~ ~98__FT TO POB--_ (Location: East side of McCarty Road right-of-way, approximately 3542. 4 ft. south of Okeechobee Road) All interested persons will be given an opportunity to be heard at this time. Please note that all proceedings before the Board of County Commissioners of St. Lucie County, Florida, are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter con- sidered at such meeting or hearing, he will need a record of the proceedings, and that, 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, these public hearings may be continued from time to time. Dated this 3rd day of April, 1989. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /s/ Judy Culpepper, Chairraan PUBLISH: APRIL 5, I989 ~ ~ /~ Agenda I tern: File Number: RZ-89-005 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning and Zoning Commission Land Development Manager March 16, 1989 Petition of Charles L. Baker, Jr., and Peggy Baker, represented by Agent: Charles Russ, for a Change in Zoning from AR-1 (Agricultural, Residential, Single Family - 1 du/ac) to AG (Agri cultural ). LOCATI ON: EXI STING ZONING: PROPOSED ZONING: EXISTING LAND USE: PARCEL SIZE: PROPOSED USE: SURROUNDING ZONING: SURROUNDING LAND USE: FI RE/EMS PROTECTI ON: WATER/SEWER SERVICE: East side of McCarty Road, 3/4 of a mile south of Okeechobee Road. AR-1 (Agricultural, Residential, Single Family - 1 du/ac). AG (Agricultural) SU (Semi-Urban) 2.3 Acres To provide horticultural services for citrus businesses in the area. AR-I, and AG East of McCarty Road are single family residents, West of McCarty Road are citrus groves. Station ~6 (White City) is located eight miles away. On site facilities to be provided. March 16, 1989 Page 2 Petition: Baker, Charles & Peggy File No.: RZ-89-005 STANDARDS FOR REVIEW: In reviewing this application for proposed amendment to the Official Zoning Atlas, the Planning and Zoning Commission shall consider and make the following determinations: Whether the proposed amendment is in conflict with any applicable portions of this Ordinance; The proposed change in zoning is consistent with the spirit and intent of the St. Lucie County Ordinance, Agricultural (AG) zoning district regul ati cna. Whether the proposed amendment is consistent with all elements of the St. Lu¢ie County Growth Management Polioy Plan; The proposed change in zoning is consistent with the St. Lucie County Growth Management Policy Plan. e Whether and the extent to which the proposed amendment is inconsistent with existing and proposed land uses; The proposed change in zoning is consistent with the agricultural and residential uses in the area. 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, ino!uding but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities; The proposed development is not expected to create an excessive demand on public facilities in this area. March 16, 1989 Page 3 Petition: Baker, Charles & Peggy File No.: RZ-89-005 o Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed rezoning is not anticipated to create any adverse impacts on the natural environment. To the best of our information, the site does not contain any threatened or unique environmental habitat. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern, specifically identifyin~ any negative effects on such pattern; The proposed amendment is consistent with the development policies of the St. Lucie County Growth Management Policy Plan. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and interest of this Ordinance; and The proposed amendment has been determined not to conflict with the public interest and the St. Lucie County Zoning Ordinance. COMMENTS The petitioners, Charles L. Baker, Jr., and Peggy Baker, are proposing to rezone this property to AG (Agricultural) zoning, for the purpose of establishing a horticultural business. This business will serve the grove operations on the West side of McCarty Road. The location of citrus-related industrial activities near the agricultural district is consistent with the Agricultural Development guidelines as outlined on p. 76 of the St. Lucie County Growth Management Policy Plan. Staff has reviewed this petition and found it consistent with the standards of review in the St. Lucie County Zoning Ordinance and St. Lucie County Growth Management Policy Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval. March 16, 1989 Page 4 Petition: Baker, Charles & Peggy File No.: RZ-89-005 If you have any questions on this matter, please let us know. DJM/RMS BAKERI(RMS-RZ6) cc: County Attorney Mr. Charles and Peggy Baker Suggested motion to approve/deny this requested change in zoning' MOTION TO APPROVE: OF REVIEW AS SET ZONING ORDINANCE, ZONING COMMISSION AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS IN SECTION 5. 3. 300, ST. LUCIE COUNTY I HEREBY MOVE THAT THE PLANNING AND RECOMMEND TO THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE PETITION OF CHARLES L. BAKER, JR. , AND PEGGY BAKER FOR A CHANGE IN ZONING FROM AR-/ (AGRICULTURAL, RESIDENTIAL, SINGLE FAMILY- 1 DU/AC) TO AG (AGRICULTURAL). MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, I NCLUDI NG STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET IN SECTION 5. 3. 300, ST. LUCIE COUNTY ZONING ORDINANCE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE PETITION OF CHARLES L. BAKER, JR., AND PEGGY BAKER FOR A CHANGE IN ZONING FROM AR-1 (AGRICULTURAL, RESIDENTIAL, SINGLE FAMILY - 1 DU/AC) TO AG (AGRICULTURAL) BECAUSE ... [CITE REASON WHY - PLEASE BE SPECIFIC]. .% THURSDAY AGENDA .- PLANNING AND ZONING COMMISSION MARCH 23, 1989 7:00 P.M. Petition of Charles L. Baker, Jr. and Peggy Baker, by Agent: Charles Russ, for a change in zoning from AR-1 (Agricultural, Residential - ! du/ac) to AG (Agricultural) for the following des cribed property: 33 35 39 FROM W ¼ COR RUN NLY ALG W LI OF SEC 472 FT, TH E 33 FT TO E R/W MCCA~RTY RD & POB, TH CONT E 261.86 FT, TH N 81 DEG 39 MIN 34 SEC E 248.78 FT TO PT ON CURVE CONC ELY, TH NLY ALG SD CURVE WITH R OF 1070 FT, CA 08 DEG 52 MIN 15 SEC, ARC DIST i70.31 FT, TH N 89 DEG 21 MIN 1i SEC W 496.43 FT TO PT ON E R/W MCCARTY RD, TH S 208 ET TO POB. {Location: East side of McCarty Road right-of-way, approxima~te!y 3542. 4 ft. south of Okeechobee Road} Please note that all proceedings before the Planning and Zoning Commission are electronically recorded. If a person de- cides to~ appeal any decision :made by the Planning and Zoning CommiSSion with respect to any ~matter considered at such' meeting or hearing, he will need a record of the proceedings, and that, 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 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. Prior to this public hearing, notice of the same was sent to all adjacent property owners March 1, 1989. Legal notice was published in the News Tribune, a newspaper of general circulation in St. Lucie County, on March 2, 1989. FILE NO. RZ-89-005 Charles Russ Orange Service Co., Inc. P. O. Box 852 Clermont, FL 32711 1, 17 Gladys P. McCal~cy 178 Cline Rd. Sequim, WA 98382 Charles & Peggy Baker 5000 Avenue M Ft. Pierce, FL 34947 ~ PROPERTY fY~NTERS N]DTIFIED 2 Jerry & Crystal Steger 4170 McCarty Rd. Ft. Pierce, FL 34945 Leon & Joan L~wis 2926 Sherwood Ln. Ft. Pierce, FL 34982 4 Anthony &MaryCaruso 11625 Twin Creeks Dr. Ft. Pierce, FL 34945 8 William& Pamela Anderson l1667TwinCreeksDn. Ft. Pierce, FL 34945 12 Thomas & Shell~-Williams 11581 Orange Ave. Ft. Pierce, FL 34945 5, 6 Samuel V. Rowe 4699 Oleander Ave. Ft. Pierce, FL 34982 9, 16 Thomas & Deborah Speach 11800 TWin.. Creeks Dr. Ft. Pierce, FL 34945 13 Patrick & SuzetteHood 4100 Glades P~. Ft. Pierce, FL 34981 7 Diane Lanier 1005 Nebraska Ave. Ft. Pierce, FL 34950 11 Sharon L. ~ 11885 Twin Creeks Dr. Ft. Pierce, FL 34945 14 Ban~- F. Wood 8609 E Boca Glades Blv. W Boca Raton, FL 33434 15 John& Katherine Purcell 1402 Nebraska Ave,, #7D Ft. Pierce, FL 34950 County Roads SLCAdm. Bldg. Annex Road Right of Way 2300 Virginia Ave. Ft.. Pierce, 5~ 34982 18 Palm Indian Inc. c/o C. F. Fawsett, Jr. P. O. Box 4087 · Ft. Pierce, FL 34948 Canal s No. St. LucieRiver Water M g mt. District 2721 So. Jenkins Rd. Ft. Pierce, FL 34981 SU = GREEN ~t' OKEECHOBEE RD . ,,, PETiTiON OF CHARLES AND P~GGY BAKER BY AGENt: CHARLES RUSS FOR A CHANO~ ~N ZONING CLASSiFiCATiON FROM AR AR-1 = RED A'G -- GREEN ~' OKEECHOBEE RD 5'5-55-59 PETTT]~ON OF CHARLES AND PEGGY BAKER BY AGEN-F: CHARLES RUSS FOR A CHANGE IN ZONT~NG CLASS~[FICA-[ION FROM AR-1 TO AG THURSDAY AGENDA - PLANNING AND ZONING COMMISSION MARCH 23, 1989 7:00 P.M. Petition of Charles L. Baker, Jr. and Peggy Baker, by Agent: Charles Russ, for a change in zoning from AR-1 (Agricultural, Residential - 1 du/ac) to AG (Agricultural) for the following des cribed property: 33 35 39 FROM W ¼ COR RUN NLY ALG W nI OF SEC 472 FT, TH E 33 FT TO E R/W MCCARTY RD & POB, TH CONT E 261.86 FT, TH N 81 DEG 39 MIN 34 SEC E 248.78 FT TO PT ON CURVE CONC ELY, TH NLY ALG SD CURVE WITH R OF 1070 FT, CA 08 DEG 52 MIN 15 SEC, ARC DIST 170.31 FT, TH N 89 DEG 21 MIN 11 SEC W 496.43 FT TO PT ONE R/W MCCARTY RD, T~HS 208 ET TO P~OB__ (Location: East side of McCarty Road right-of-way, approximately 3542. 4 ft. south of Okeechobee Road) Please note that all proceedings before the Planning and Zoning Commission are electronically recorded. If a person de- cides to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, 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 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. Prior to this public hearing, notice of the same was sent to all adjacent property owners March 1, 1989. Legal notice was published in the News Tribune, a newspaper of general circulation in St. Lucie County, on March 2, 1989. FILE NO. RZ-89-005 ST, LUCIE COUNTY AFFIOA¥1T OF PUBI. ZC NOTICE I, ~ ~ : ~lease print) petttloner for an Amendment tO the Off}.cltl County on the following desCribed p~opegty:.. do hereby certify that a Zoning Atlas of St. Lucia 33 35 39 FROM W ¼ COR RUN NLY ALG W LI OF SEC 472 FT, TH E 33 FT TO E R/W MCCARTY RD & POB, TH CeNT E 261.86 FT, TH N 81 DEG 39 MIN 34 SEC E 248.78 FT TO PT ON CURVE CONC ELY, TH h~Y ALG SD CURVE WITH R OF 1070 FT, CA 08 DEG 52 MIN 15 SEC, ARC DIST 170.31FT, TH N 89 DEG 2t MIN 1t SEC W 496.43 FT TO PT ON E R/W MCCARTY RD, TH S 208 FT TO POB .... : erect, in · con uous did on this property the fol!o=tn9 notice: . : . · You are hereby advised that _c~._.~: ~ ~~ his petit~oned the St. Luc~k ~n~y ~'d or-COunty Commissioners for ~ Change in Zoning Cl~ssif~clt/on fto~ hel~ on ~venue, Ft. Plerce~ Florida. Copzes or this p4t~t~on Ire available for review in the office of the St, Cucie County Development Coo~dlnaLor, 8u~'ldlnO~:~d Zoning Virginia Avenue~ Ft. Pierce, rlo:~dl, during 5IOn~Gre Oat Sworn and Subsc~ibed~ Be fore me t. hls /~'~ ~o~a r y PuDIIC State of Flo~tda Hy Commission Expires: My Commission Expires ~ov. I, 1989 Bonde~ by Western Surety Comp~r~ ST. LUC%E COUNTY AFF%DAV%T Of PUBL%C NOT%CE the follo. Jng described p~operty: 33 35 39 FROM W ¼ COR RUN NLY ALG W LI OF SEC 472 F~, TH E 33 FT TO E R/W MCCARTY RD & POB, TH CONT E 261.86 FT, TH N 81DEG 39 MIN 34 SEC E 248.78 FT TO PT ON CURVE CONC ELY, TH NLY ALG SD CURVE WITH R OF 1070 FT, CA 08 DEG 52 MIN 15 SEC, ARC DIST 170.31FT, TH N 89 DEG 21MIN 11 SEC W 496 43 ET TO P~ ONE R/W MCCARTY RD~H S 208 FT TO POB ' Oo hereby Zoning Atlas or St. Luc olo on _, 1.. erect in a conspScuous pi&ce o tnl$ property the followin9 notice: . NOT%CE ~ ~ . /~ p ttone~ the St. Lucie County 'Boi~ Commissioners fO~ a Change In Zoning Classification ~-~ to ~. A ~ubl~c ~ea~ng on tn~ Petition 101, St. k6cle County~ E~m%n%st~,tton ~ available rot ravia. In t~e office o~ the Developmeat CoorOlmator, :Building ~mO Zoning ~~,a Avenue. Ft. Pie,ce. F1o,%~.. Ou,%n9 Sworn anU Subsc~tbeu~/~ Before m~ thts State of Florida Commission Expires: Uy Commission Expires Nov. I, 1989 8ond~d by Western S~r~ty Company BOARD OF COUNTY COMMISSION£RS February 14, 1989 D6V6LOPM£NT DIR6CTOR TERRY L. ~RTA Charles L. Baker and Peggy Baker 5000 Avenue M Ft. Pierce, FL 34947-7030 Subject: Posting of Public Notice for Petition of Charles L. and Peggy Baker for a change in zoning from AR-1 to AG. The Planning and Zoning Commission hearing will be held March 23, 1989. The Board of County Commissioners hearing~ will be held April 25, 1989. Dear Mr. and Mrs. Baker: In accordance with the requirements of Section 5.1o100(5), St. Lucie County Zoning Ordinance, you are hereby directed to report to Room 201, St. Lucie County Administration Building, 2300 Virginia Avenue, Ft. Pierce, Florida, during normal business hours to receive the required public notice informational signs for the above requested public hearing. These notices are to be conspicuously posted on the subject property. In addition to the above cited signage, you will be furnished with the appropriate affidavit forms to be submitted to the St. Lucie County Planning and Zoning Commission Secretary, 2300 Vir- ginia Avenue, Room 201, Ft. Pierce, Florida, 34982-5652, no later than five (5) days prior to the scheduled hearing. For your reference information, enclosed please find a copy of Section 5. 1. 100(5), St. Lucie County Zoning Ordinance. If you have any questions on this matter, please contact the St~ Lucie County Planning and Zoning Secretary at (407) 468-1553 and reference the file number found below. Sincerely~/~ ,. Terry V£rta Development Director TV/DJM/dcm FILE NO. RZ-89-005 Encl os ute HAVERT L. FENN, District No. I ® JUDY CULPEPPER, District No. 2 e JACK KRIEGER, District No. 3 ® R. DALE TREFELNER, District No. 4 · JIM MINiX, District No. 5 County Administrator -- WELDON BE LEWIS 2300 Virginia A~,enue · Fort Pierce, FL 34982-5652 Director: (407) 468-t 590 · Building: (407) 468-t 553 ® Planning: (407) 468-1576 Zoning: (407) 468-1553 · Code Enforcement: (407) 468-157 t BOARD OF COUNTY COMMISSION(ERS March 1, 1989 D( V£LOPM6NT DIR( CTOR TERRY L. VIRTA In compliance with the ~ of the St. Lucie County Zoning Ordinance, 'you are hereby advised that Charles L. Baker, Jr. and Peggy Baker, by Agent: Charles Russ, have petitioned the Planning arid Zoning Commission for a change in zoning from AR-1 (Agricultural, Residential - 1 du./ac) to AG (Agricultural) for the fol~lowing described property: 33 35 39 FROM W ¼ COR RUN NLY ALG W LI OF SEC 472 FT, TH E 33 FT TO E R/W MCCARTY RD & POB, TH CONT E 261.86 FT, TH N 81 DEG 39 MIN 34 SEC E 248.78 FT TO PT ON CURVE CONC ELY, TH NLY ALG SD CURVE WITH R OF 1070 FT, CA 08 DEG 52 MIN 15 SEC, ARC DIST 170.31 FT, TH N 89 DEG 21 MIN 11 SEC W 496.43 FT TO PT ON E R/W MCCARTY RD, TH S 208 FT TO POB. (Location: East side of MoCarty Road right-of-way, approximately 3542. 4 south of Okeechobee Road) The first public hearing on the petition will be held at 7:00 P.M. on Thursday, March 23, 1989, in Room 101, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Please note that all proceedings before the Planning and Zoning Commission are electronically recorded. If a person decides to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, 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 you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. The petitioners propose to provide horticulture service of agricultural equipment operator for hedging, topping, and furrow shaping. For your information a copy of the AG zoning is encl os ed. If you have any questions, additional information may be obtained by calling Area Code 407, 468-I553. Sincerely, PLANNING AND ZONING COMMISSION ST._ LU~I~ COUNT¥¢ FLOt%I DA J. ~P. Terpening, Chairman FILE NO. RZ-89-005 HAVERT L FENN. District No. I · JUDY CULPEPPER, District No. 2 · JACK KRIEGER, District No. 3 · R. DALE TREFELNER, District No. 4 · JIM MINIX, District No. 5 Count,/Aalministrator -- WELDON BE LEWIS 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 Director: (407) 468-1590 · Building: (407) 468-t 553 · Planning: (407) 468-1576 Zoning: (407) 468-t 553 · Code Enforcement: (407) 468-t57t Section 3.3.117 AG Agricutto~al (1) Purpose The purpose of this district is to provide and protect an environment suitable for productive commercial, agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. (2) Permitted Uses (a) (b) (c) (d) (0~d.87-~4 7/7/87)(e) (f) (g) (h) (i) (k) (1) Agriculture, including farms, groves , and ranches. Animal husbandry services, including veterinarian and animal hospital services. Dock and boat houses (private). Drainage rights-of-way. Family day care homes. Fishery services. Foresty activities and related services. Highway and street rights-of-way. Historic and monument sites. Home occupations subject to the requirements of Section 3.2.901. Horticultural services. Horticultural specialties including wholesale and retail nurseries. (m) -Irrigation distribution channels. (n)' Kennels. (:o) ,,Riding stables. ?~, (p) Single-family detached dwellings. (q) Swimming beaches. (3) Lot Size Requirements Lot size requirements shall be in accordance with Table 1 in Section 3.2.400. (4) Dimensional Regulations Dimensional requirements shall be in accordance with Table i in Section 3.2.400. (5) Offstreet Parking and Loading Requirements Offstreet parking and loading requirements are subject to Section 3.2.500. (6) Conditional Uses The following uses shall require site plan approval if the proposed use would otherwise require the same in accordance with SeCtion 5.1.300. (a) Agricultural labor housing. 114 (b) (c) (d) (e) (f) (g) (h) (i) (k) (1) (m) (n) (o) (p) (q) (r) (s) (t) ' (u) (v) (w) (x) -Agricultural processing. ~ Aircraft storage and equipment maintenance. Airports and flying, landing, and takeoff fields. Electricity regulating substations. Electric transmission rights-of-waY- Farm products warehousing and storage. Food lockers (with or without food preparation facilities). Gas pipeline rights-of-waY- Gas pressure control stations. Gasoline service stations. Industrial wastewater disposal. Logging camps and logging contractors- Manufacturing: (i) Canning and preserving of fruits, vegetables, and seafoods. (ii) Dairy products. (iii) Grain mil! products. (iv) Meat products. (v) Sugar. · Mining activities and related services. Pipeline rights-of-waY and pressure control stations. Protective function s and their related activities. Radio transmitting stations and towers. ~Railr. oad :rights_of_way~(excluding switching and marshalling yards). Rapid rail transit .aDd s~reet railway rights- of-way. :Refrigerated warehousing. Retail trade: (i) Automo[ive, marine craft, aircraft, and accessories- (ii) Mens ' and boyS' clothing and furnishings. (iii) Womens' ready-to-wear. Resorts. Sewage Disposal: Sewage disposal and sewage facilities, provided that the criteria (i) (ii) (iii) treatment following are met: A minimum of ten (18) acres shall be required for all treatment facility sites. No structure, treatment storage area or treatment facility shall be located within 58 feet of any property line or required base building line. All areas of development shall be fenced or walled. A minimum 20 foot wide landscape barrier shall be provided around the perimeter of the treatment facility. This buffer shall 115 (0rd.87-66 9/29/87) (7) (y) (z) (aa) (b) (c) Cd) (e) contain at leas~'~One tree for every 30 linear feet around the perimeter of the facility. An eight (8) foot high landscaped berm, hedge or row of shrubs shall be provided around the perimeter. Trees, shrubs and hedges must comply with the requirements of Section ].2.6~0. (iv) All entry and exit points must be gate controlled. All gates must be constructed with an opaque material. Except for business operation hours, all gates are to be kept closed and locked. (v) A site plan of this facility must accompany the application for Conditional Use. The required site plan must be in compliance with the requirements of Section 5.1.300. Stockyards. Telephone relay towers (microwave). Television transmitting stations and relay towers. Accessory Uses (a) Mobile homes. (i)~ Subject to the followiog~conditions: (a) Additional Information Requirements: ~= :, (i) Proof ;tha,~:.~:the land upon which the mobile home shall be located is classified as agricultural land for purposes of ~d valorem tax assessment. (b) Criteria: (i) The owner of the land shall be the owner or lessee of the mobile home. (ii) The mobile home shall be placed on at least five (5) acres of land. (iii) The County Development Coordinator shall determine that the mobile home is an accessory use, pursuant to Section 3.2.300 of this Code. (iv) Such use shall be accessory to productive agricultural operations; having a minimum of five (5) acres. Motor vehicle parking. Motor vehicle repair services. Motor vehicle wash services. Retail trade and wholesale trade: (i) Dairy products. 116 (Ordinance No. (f) (g) (h) (~) (~) (]) (~) 86-53 (ii) (iii) (iv) (v) Sewage Sewage Eggs and moultry,~ Florists. Fruits and vegetables. Meats. pressure control stations. sludge drying beds. Sewage treatment plants. Swimming pools. Water pipeline rights-of-way. Water oressure oon~rol stations. Water storage. Water treatment plants (purification). 10-7-86) l16a. NOTICE NOTICE IS HEREBY GIVEN that the Planning and Zoning Commis- sion for St. Lucie County, Florida, will at 7:00 P.M. on Thurs- day, March 23, 1989, in Room 101, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida, hold a public hearing on: Petition of Charles L. Baker, Jr. and Peggy Baker, by Agent: Charles Russ, for a change in zoning from AR-1 (Agricultural, Residential - 1 du/ac) to AG (Agricultural) for the following des cribed property: 33 35 39 FROM W ¼ COR RUN NLY ALG W LI OF SEC 472 FT, TH E 33 FT TO E R/W MCCARTY RD & PCB, TH CONT E 261.86 FT, TH N 81 DEG 39 MIN 34 SEC E 248.78 FT TO PT ON CURVE CONC ELY, TH NLY ALO SD CURVE WITH R OF 1070 FT, CA 08 DEG 52 MIN 15 SEC, ARC DIST 170.31 FT, TH N 89 DEG 21 MIN 1I SEC W 496.43 FT TO PT ON Z R/W MCqAR-TY ___RD~_ _T~ S__2QS._FT TpPOB. _ (Location: East side of McCarty Road right-of-way, approximately 3542. 4 ft. south of Okeechobee Road) Please note that all proceedings before the Planning and Zoning Commission are electronically recorded. If a person decides to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, 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 part~ 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, these public hearings may be con- tinued from time to time. Dated this 28th day of February, 1989. PLANNING AND ZONING COMMISSION ST. LUCIE COUNTY, FLOP~DA /s/ J. P. Terpening, Chairman PUBLISH: MARCH 2, 1989 COMMENT SHEET / Petition for PetitLoner's Petitioner's Petitioner's Name: Address: 5000 Ave. M · -t. Pierce, FL Rezonin9 only: $300 Combined (R.A.& Rez.)$500 ST. LUCIE COUNTY ~:>F....- Change to the Official Zoning Atlas of St. LucIe County 407 464-3288 Phome'"Nomber: Legal Description of Parcel (indicat~ street (4089 MeCarty Rd.) 33 35 39 FROM W ¼ CDR RUN NLY ALG W ~t,~d~Fe~c ~4f72k~.~]~'33 FT TO E I~]CARTY RD & POB,TH ~.flNT-E WOliSb ~-l'.'r. N 81 deg 39 ~q 34 SEC g 248~78 FT TO FT ON CURVE CONC ELV.TH NLY, ALG SO CURVE WITH R OF 1070 ~T.CA 08 DEG 52 MIN 15 SEC.ARC DIST 170.31 ~T. TH N 89 DEG 21 MIN 11 DEC W 496.43 FT TO PT ONE R./~ MGCARA'Y RO,-f~ S ZU~ ~'i' 'i~ PoB-- (2.30 AC) (OR 438-659) Parcel Size (express in acres): 2.3Acres Property Tax I.D. Number: 232-0001-000/9 Present Zoning: __Ali-_!_ ~ Requested Zoning: AG Present G.M.P.P. Designation: SU / Is ar, Amendment to the Growth Management Policy Plan being requested? Yes: No: X ~If yes, what is Amendment to? ___ ~., Briefly 'describe the reason for tqi~s requested Rezonlng Change ' m_o ce_=~!y ~;~th--~resmqt-~' Agricultura-~- Equipment operator for Hedging, :Topping, and Furrow Shaping servix~.~ BriefLy describe the following- ~) Ho. is the pr~2seo Amendment.compatible with existing lanD use i n t h e a r e a: services provi~eG are useo by growers on McCgrty .Rd. and throughout St. Lucie CO. The activities on ~he site are similar to citrus ~) management opera~monsintheinn~diatearea. what are the anticipated impacts of. the Proposed Am~~ public facilities in this area'? If no impact is expected, please state why. None. Water, Septic tank, Driveway, Roads, Phonest U~ilities, Garbage disposal and dr_~inage~ are all presently provided and adequate for this activity. (c) What are the anticipate~ef~cts on resul.~ of thi Amendmen 9 ~ ,,o.u~ sn¥lEonment as a why znis site ~ b~ ~e~ ' ~ a resi~ce ' pec e~z please state ~ a ~Y .y~s. 'lhe f~~t st ' sh~ ~ be~ ~ed for boat repairs, ~tal f~ri~ti~, ~d or~ and repair. Puel storage was on the site prior .to present use. Dr~?_~ remains same as it was when the property was activity managed as a citrus grove and approximately 50 trees remain at this time. 'All W~ste from present activities is handled in accordance with St. Lucie County ordance. ( ], Will tr,~: proposed Amendmeat result in an orderly and logical develupmen% pattern? The activities and facilities will continue t- serve agricultural endeavors. If the Petitioner is not the owner of the property, please explain and (Dive the owner's name and aOd~ess. vetl~tloner S S~~-~- / ~ ' Oat~ 0~ S~ ~. ~C. A~ Date Please note the requirements of SectiOn 5.1.100(5), S~. Lucle County Zoning O~Oinance. The Petitione~ shall return the ~ttacheO Affidavit to Room 201, St. Lucie County Administration building no late~ than five oays p~io~ to ~he scheduled public STAFF USE ONLY: Oa~e Received: / ~ ~ ~Z_- ~_~ Date Authorized for Review: Heariq~ Schedule: File No.: Check No.: I~_~-~ ~ __ Receipt No.: Planning and Zoning: 2ffioavit Received: R~e~ u l~t: Board of County Commissionars: Result: Af=zdavit Received: Rezoning only: $300 Combined (P.A.& Rez.)$500 ST. LUClE COUNTY p~_.._ .~_?_.~_ Petition for Change to the Official Zoning Atlas of °etit[oner's Name: C~{ARLES L. BAKER, JR. AND PEGGY ~ Putitioner,s Address: 5000 Ave. M Petitioner,s Phone'"Number: 407 4~-3288 Legal Description of Parcel (indi = . (4089 McC~ty Rd.) 33 35 3 cat street ddt Parcel Size (express in acres): 2.3Acres Property lax I.D. Number: -232-0001-000/9 Present Zoning: ~~r_l Requested Zoning: AG ~esen[ G.M,P,p. Designation: SU / ts an Amendment to the Growth Management Policy Plan being requested? Yes: No: X ~f yes, what is Amendment to? ~riefly 'describe the reason flor t~ls requested Rezonlng Change: To co~ly ~th pres'~t-~e: ' ~ric~t~al. Eq~p~t operator for Hedg~g, Topp~g, Briefly describe the following: :=) How is the pro.~ooseo Amendmen corn atl 'te 'wi in the area:,'±'ae services prov~ed ~use~ th exloting land ~d ~ro~hout St. ucze ~. ~e activities ~ ~e site ~e s~l~ to cit~ ~ · ~~C~/ Rd. uses ~ag~t operag%ms ~ ~e ~diate area. ~ -~~__ ~) ~nat a~e the ~~q{~+_~ _. P~Jblic facilities m~cnS, o~ th~= proposed a- ....... ' - state why. in this area'~ I~ no impact is ex .... =-ument on t~k, ~iveway, pecteo~ please N~e. Water, Septic ~a~, Ph~es, Utilities, ~bage ~sposal ~d ~~e ~e all pres~tly pro~d ~d a~q~te for ~is acti~ty. resul~of this Amendm why, '~is site ~ b~n .en~. If no elf "~ na~ural~~~ ~ ~-~ ~ed. ~ a ' ect ls ex s' - - --~~ _ ~~ce ~ a's~c~ed, ~ease state ~d repot. .~1 s~ora l__., s~ as it w~ ~ the prope~y was acti~ ~ed ~ a ~pprox~tely 50 trees r~ at this t~. All w~- - cit~ ~o~ ~d zs h~ed ~ accor~ce ~ St~ LUcie Com~- ~ qe ~ P~s~t acti~ties J the proposed Amendmen~ result in an orderly arid logical dev,z ~opment pattern? The activities and facilities will continue t- serVe agricultural endeavors. [¢ the Petitioner is not the owner of the property, please explain and give the owner's name and add£ess. Petl~tioner ! s. ~ ~--~--~~ Owne_e_r'~-Sianat~J-:~ ~ --~'~~/ Date Please mote t~e reQ~irememts of Sectl~m 5.1.1~(5), St. L~cle Zomim~ O~Oimamce. Iht Petitiome~ ~ball ret~. tme attache~ to Room 201, St. t~cie Coomt~ ~mimistratio, b~il~.~ mo later five days prior to the scheduled public hearing. STAF~ USE ONLY: Oa~e Received: // - ~- '-?-2___~_~_~ .... Date ~uthorlzed for Review: Hea~in_~ Schedule: ReCeiPt NO,: Planning and Zoning: affidavit Received: Result: Board of County Commissione~g: ~idavit Received: Result: 33 35 39 FROM W ¼ COR RUN NLY ALG W LI OF SEC 472 FT, TH E 33 FT TO E R/W MCCARTY RD & POB, TH CONT E 261.86 FT, TH N 81 DEG 39 MIN 34 SEC E 248~78 FT TO PT ON CURVE CONC ELY, TH NLY ALG SD CURVE WITH R OF 1070 FT, CA 08 DEG 52 MIN 15 SEC, ARC DIST 170.31 FT, TH N 89 DEG 21 MIN 11 SEC W 496°43 FT TO PT ON E R/W MCCARTY RD, TH S 208 FT TO POBo Rezoning only: $300 Combined (P~A.& Rez.)$500 ST. LUCIE COUNTY Petition for Change to the Official Zoning Atlas of St. Lucie County Petitioner,s Name: CHARLES 5. BAKER, JR. AND ?g(L~f BAKER Petitioner,s Address: 5000 Ave. M Ft. zerce, '- - _-_ - Petitioner,s Phone'%Number: 407 464-3288 Legal Description of Parcel (indicat~ stre~ ~C~f k · - (4089 McCarty Rd.) 33 35 39 FRO~I W ~ CDR RUN NLY ~ addre LZ OF 472 ~.~'~'-~.~.---33 Fr ,,-. ,- -- .%o T~ N 89 DEG 21 MIN tl DEC OF .... Fr. CA 08 DEG 52 ,-,,,~ z3 SEC.ARC DIST 170.31 (2.3~DR ~ 496.43 Parcel Size (express in acres): 2,3Acres Property Tax I.D. Number: -232-0001-000/9 Present Zoning: AR-1 .... Requested Zoning: AG Present G.MoP.p. Designation: SU Is an amendment to the Growth aanagement Policy Plan being requested? Yes:__ No: X If yes, what is Amendment to?. Briefly describe the reason for this requested Rezoning Change: LTD comply ~-p~egent-~use: 'Agricultural. Equipme!z~t operator for Hed~in~ TOD~ - ~_~ and~ Furrow S~_aping services~ - ._ ~2 Briefly describe the following: (a) (b) in the area. ,__~ p ed existing land _~owers on M~Carty Rd. us e s and throughout St. cie Co. The activities on the site are similar to citrus manageme~qt opera¢ons j~ the ~diate area. ~------- ~hat are thea-~~nticzpated--~im~ posed A - · - s~atePUbllCwhy.~ac~llties in this area? Z¢ no impact is expected,mendmen~please°n None. Wa~er, Septic tank, Driveway, Rz~ads, Phones, Utilities, Garbage disposal and drainage are all presently provided and adequate for this activity. (c) What are the antic pared effe result Of this A..b~ndment?m¢ Ifresi~cenO effec, t'is~ aexpec~ed' please ~ =~,viroNme~t as a ~hy. ~is site has ee~ ~ed as a sho~ ~o~ ~y yea~s,state shop h~ be~ ~ed for boat repairs, ~tal f~ri~ti~, ~d fa~ eq~t storage ~d repair. ~et storage was ~ the site prior to ~res~t use. ~~e r~s s~ as it w~ wh~ the property was acti~ty ~aged ~ a cit~ ~ove ~d approx~tely 50 trees r~ at this t~. Ail waste fr~ preset acti~ties is h~ed ~ accor~ce ~ St. Lucie Co~ or.ce. (~) Will the proposed Amendment result in an orderly and logical development pattern? The activities and facilities will continue t- serve agricultural endeavors. If the Petitioner is not the owner of the property, please explain oelow and glve the owner's name and address. ~e~tioner,s ~~ 0~ ~~ CO. ~C. ~ Date ~lease mote the requirements of SectiOn 5.1.10~(5), St. L~cie Zomim~ OrOimamce. lhe Petitiome~ shall rotor, the attacbeo ~ffiOavit to Room 201, St. h~cie Coomty ~mimistratio, b~ilOi,~ mo later five days prior to the scheduled public hearing. STAFF USE ONLY: Date Received: Date Authorized For Review: Hearlnq_Schedule: File No.: Check No.: Receipt No.: Planning and Zoning: Affidavit Received: Result: Board of County Commissioners: Affidavit Received: Commsnt: Result: Petltio~ ST. for Change Rezoning only: $300 Combined (P.A.& Rez.)$500 -~ LUCIE COUNTY to the Offtcia! Zoning Aria& of St. Lucte ~County Petitioner s Name: CHARLES L. BAKER, ~. ~ PE~ ~' Petitioner,s Address: 5000A~. M Petitioner,s Phone'"Number: 407 464-3288 Legal Description of Parcel (ind~ (4089 ~C~ty Rd. 33 'cat st~ . '1~- :,~ - . -] -Ti I~~ - TO E ~C ~V.~ ~Y'~. SO. ____~ ~ R OF 1070-~.~. --~ ~"08*~DEG°*52~m~'~~~ ~N 89 DEG 21~ 11DEe W496.43~ E R~ , _ , ._ -_~ ~ . : , _ Parcel Size (express in acres): 2.3Acres Property Tax i.D. Number: -232-0001-000/9 Prese~ Zonin9: ~~ ~ Requested Present G.H.P.p. Designation: SU Is an AmenOment to the Growth Management Policy Plan ~ein9 ~equesteo? Yes: ~ No: X _ ~f yes, ~hat iS Amefloment Briefly '~escribe the reas~nfor this quest To co~~~ ~~ re ' ed Rezonln ' - ..... ._ ..-_ : ~ ~=~*_ upu~anor zor Hedg~g, TOpp~g~ ~_~ Shap~g .s~ _ '-~--~ -- ..... ~ ......... . .... Briefly descriOe the following: (a) How is the proposed Amendmeotn ,no._~,._om " - · the area: ,~e services provlded-ar~? thro~hout ~~ers ~ ~C~__. ~] U~dS e s I~cie, ---~' ~'e acti~ties ~ ~e site ~e s~l~ to cit~ St. ~~t opera~z~s ~ ~e ' (~) What =.~ f~ ~ ....... ~dzate area. pu state why. ~est is L 3_P .°R°seo N~e. Water, Septic t~k, ~i~way, ~a~,''~ ~mes, ~¢~l~es, ~bage ~sposal ~d ~~ ~e all presmtly pro~d ~d a~q~te for ~s resul~ of this Amendm why 'Ibis site ~ ~ ent. If saop ~ A ...... ---- ~ ~ .... ~ ~o~ ~a] ~_~ . . - - ~d rep~r. ~1 stor~e w~ * ~rz~tm~, ~d f~ s t orag~ S~ as it w~50~trees~e prope~y ~ wasthe ~~~~ ~pprox~tely r~ at this~~t~. All waste fr~ preset ~o~ ~d zs h~ed ~ accor~ce ~ St. Lucie Co~ er~. acti~ties Wilidevelopmentthe Proposed pattern? Amendment result in an Orderly and logical The activities andfacilities will continuer- serve agricultural endeavors. If the Petitioner is not the owner off the property, please explain below and give the owner's name and address. ~etitloner,s S~o a~~e ~~ste IMPORTANT NOTICE: 0 · ~C,. 'A'~G~~' J-2% ~? Date Please note the requirements 0¢ SectiOn 5.1.100(5), St. Lucie County Zoning O~dinance. The Petitione~ shall return the attached AFFidavit to Room 201, St. Lucie County Administration building no later than Five days prior to the schedule~ public hearing. STAFF USE ONLY: Date Received: / -~ '7_- Oate Authorized for Review: Planning and Zoning: Affidavit Received: File No.: Check NO.: '-Receipt No.: Result: Board of County. Commissioners: Affidavit Received: Result: 33 35 39 FROM W ¼ COR RUN NLy ALG W LI OF SEC 472 FT, TH E 33 FT TO E R/W MCCARTY RD & POB, TH CONT E 261.86 FT, TH N 81 DEG 39 MIN 34 SEC E 248.78 FT TO PT ON CURVE CONC ELY,_ TH NLY ALG SD CURVE WITH R OF 1070 FT, CA 08 DEG 52 MIN 15 SEC, ARC DIST 170.31 FT, TH N 89 DEG 21 MIN 11 SEC W 496.43 FT TO PT ON E R/W MCCARTY RD, TH S 208 FT TO POB. '~'~-~°~. ' U ILL!NG '~ DEPARTME, ~ ~.~c,e County ...../)City of Ft. Pierce City o~ Port St. Lucie RECEIVED OF [ FLORIDA EXPLANATION RECEIPT No No. --- 26637 St. Lucie Village ACCOUNT NUMBER AMOUNT REC'D BY l~hite Customer TOTAL AMT. REC'D Canary Finance Pink File Copy ANNETTE FOR: N6