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HomeMy WebLinkAboutAndrae, RudyFile No.: PA-89-001 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORD! NANCE NO. 85-0~ BY CHANGING THE LAND USE DESIGNATION OF THE PROPEI~TY LOCATED ON THE WEST SIDE OF NORTH US ~i, OPPOSITE NACO ROAD (MORE PATTI CULARLY DESCRI BED HERE! N) FROM RM (MEDIUM DENSITY RESIDENTIAL) TO CH (COMMERCAL HIGHWAY MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGEs ON THE sT. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR cONFLICTING PROVISIONS AND sEVEp. ABILITY; PROVIDING FOR FILING WITH 'THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAI RS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: I. Rudy Andmae presented a petition ~o amend the future land use classification set forth in the St~ Lucie County Growth Management Policy Plan from RM (MEDIUM DENSITY RESIDENTIAL) TO CH (COMMERCAL HIGHWAY), for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing .on March 23, 19'89, of which due notice was published at least seven (7) days prior to said hearing and ? all owners of property within five hundred (50'~0' ) feet -were notified by mail of said. hearing£-has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management 'Policy Plan from RM (MEDIUM DENSITY RESIDENTIAL')'-7 TO-;CH-L(COMMERCAL HI GHWAY), for the property des cribed below. 3. The Board held a public hearing on April 25, 1989, Special ac~s of the FlOrida Legislature applicable only to unincorporated areas of S~..LUCie County,- County Ordinances and County Resolutions, or par~s thereof, in conflict with this Ordinance are hereby superseded by this ordinance to the extent of such conflict. E. SEVERABILITT. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding sh~ll not effect its mppiicabiiiL-y to any other person, property or circumstances. F. APPL! CAB! L! T_V OF ORDI NANCE~ This ordinance shall be applicable as s~ated in Paragraph G. FILING WITH THE DEPARTMENT OF STATE, ' The Clerk be and hereby is directed' ~forthwith-. to-send a certified copy of this ordinance to the Bureau of 'Laws, Department of State, The Capitol,. Taltahassee, Florida, 32304. The County Attorney Shall send a certified copy of this ordinance to the Department of Community Affairs, The .Rhyne OH IL RM ST. LUCTE RED GREEN BLUE BLVD. 4 -40 FOR A \ \ A ,\ ~ \ PETITION OF RUDY ANDRAE ;HANGE tN ZONING CLASStFt FROM RMH-5 TO Cb L }ATTON RMH - 5 = ST. LUCIE BL RED GREEN BLUE 55 -54 4O A FOR A CF NGE iN FROM OF RUDY ANDRAE ZONING CLASS !F_! RMH- 5 1-O CO ION Date: April 25, !989 Tape: ~1, ~2, #3, ~4 convened: adjourned: 9:26 a.m. 4:14 p.~ m. Commissioners Present: Chairman Judy Culpepper; Vice Chairman Havert L. F~n; j. Minix; R. Dale Trefelner; Jack Krieger Absent (I 11 ~ss ). - .~.~.. ~-~ - Others Present: Weldon Lewis, County Administrator; Tom K±ndred, Ass~. County 'Administrator, Operations; Dan Mclntyre, County K'rista Storey, Asst. County Administrator; Dennis Murphy, Land Development Manager; Mike Bowers, Road and Bridge DirectOr; Joseph Malfait, Chief Right-of-Way Agent; Carl Warnock, Dir,e~'tor, Parks .~& Recreation; Fred Schanze and Rober't -Tipton, Sheriff, s Office; Noreen j. McMahon,' Deputy Clerk. (b) Ru_~ An~ (3-2060) Reference was made to memorandum from Land Development Manager, addressed to County Administrator, County Commission, dated April ~4, 1989, re: "Petition of Rudy Andrae to amend the Future Land Use Maps of the St. Lucie County Growth Management Plan from RM (.Residential, Multi-Family _ 11 du/ac) CH (Commercial Highway).,, to Andy Valisalo, on behalf of the petitioner,, was present to report that an agreemen~ had been reached between Ridgecrest Mobile Home Park and the petitioner to have a 15 ft. wide buffer zone between the two properties and leave the natura~l :vegetation there as it is now; also agreed to was a chain link fence on the south property line. It was moved by Com. Fenn, seconded by Com. Minix, as recommended by staff, to adopt Ordinance No. 89-36, an Ordinance amehding the St. Lucie County Growth Management Policy Plan, Ordinance No. 86- 01 by changing the Land Use designation of the property located on the west side of North U.S. ~1, .opposite Naco Road (more particularly described herein) from RM (Medium Density Residential ) to CH (Commercial Highway), ma~i ng Findings; providing for making the necessary changes on the St. Lucie County Zoning Atlas; providing for conflisting provisions and severability; providing for filing with., the Department of State and Department of Community Affairs and f~or'~an~ effective date and adoption; with the provision tha~ staf~f will follow up on the Agreemenu reached between the two parties involved; and, upon roll call,~ motion carried unanimously. COMMISSION REVIEW: APRIL 25, 1989 ORDINANCE NO.: 89-36 FILE NO.: PA-89-00! AGENDA ITEM: MEMORANDUM TO: FROM: DATE: SUBJECT: County Admi nistrator Counuy Commission Land Development Manager 'April 14, 1989 Petition of Rudy Andrae, to amend the Future Maps of the St. Lucie County Growth Ma from RM (Residential, Multi-Family _ 11 du/ac) '{Commercial Highway). On Tuesday, April 25, 1989, you will be asked to re petition on behalf of Rudy Andrae, for a change in land us RM to CH, for property located on the northwest corne~ intersection of North US #1 and Naco Road, directly Ridgecrest Mobile Home Park. This change in land use would ~for construction of additional parking spaces for a pr shopping center along North US 1. County staff has reviewed this petition and determi consistent with the Land Development Policies of the St. County Growth Management Policy Plan. On Thursday,' March 23, 1989, the petitioners represent~ presented this petition at a public hearing held by the St. County Local Planning Agency. During the public comment of the hearing, a request for an additional landscaped along the southern border of the petitioned property was ma the Rid~ecrest Mobile Home Park. The petitioner agreed to this matter further with the Ridgecrest representatives pti the presentation of the petition to 'the Board of C¢ Commissioners. The Local Planning Agency then voted unanim to recommend approval of this petition. Attached, you will find a copy of Draft Ordinance $8! along with original staff comments on the matter, and the mi of the March 23, 1989, Local Planning Agency meeting. If you any questions on this matter, please let us know. Staff recommends approval of Draft Ordinance $89-36. CONCURRENCE: Devel op~t Director DJM/RMS/s h Attachment ANDRAE2P ( RMS-8 ) cc: Asst. Co. Admin. Kindred County Attorney Rudy Andrae Commission Secretary Press/Publi c - TUESDAY AGENDA BOARD OF COUNTY COMMISSIONERS APRIL 25, 1989 1:30 P.M. Petition of Rudy Andrae to amend ~R- -- BOARD OF COUNTY COMMISSION£RS DEV£LOPM6NT DIRECTOR TERRY L. V1RTA May 11, 1989 Mr. Rudy Andrae 5163 North A~i-A, #520 Ft. Pierce, FL 34949 Dear Mr. Andrae: This letter is to confirm that'.on April 25, 1989 the St. Lucie County Board of-County Commissioners granted your petition to amend the Future Land Use Maps of the St. Lucie County Growth Management Policy Plan from. RM (Medium Density Residential Development) to CH (Commercial, Highway) for property~located on the northwest corner of the intersection of North U.S. 1 and Naco Road, directly north of Ridgecrest. Mobile Home Park. ,','.:A copy of recorded;Ordinance No. 89-36 is enclosed for your information. Sincerely, ~ARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Judy Culpepper, Chairman dom Enclosure HAVERT L. FENN, District No. I ® JUDY CULPEPPER, District No. 2 · JACK KRIEGER. District No. 3 · R. DALE TREFELNER, District No. 4 · JIM MINIX DiStri~ County' AOministrator -- WELDON BE LEWIS 2300 Virginia Avenue ® Fort Pierce, FL 34982-5652 Director: (407) 468-t590 · Building: (407) 468-1553 ® Planning: (407) 468-1576 Zoning: (407) 468-1553 e Code Enforcement: (407) 468-1571 Agenda Item: File Number: TO: FROM: DATE: SUBJECT: LOCATI ON: EXISTING LAND USE PROPOSED LAND USEi EXI STING ZONING: PARCEL SIZE: PROPOSED USE: SURROUNDING ZONING: SURROUNDING LAND USE: FI RE/EMS PROTECTI ON: WATER/SEWER SERVICE: Local Planning Agency Land Development Manager March 16, 1989 Petition of Rudy Andrae, to amend the Futur~ Use Maps of the St. Lucie County Growth Mana. Plan from RM (Residential, Multi -Family du/ac) to CH (Commercial Highway). Northwest corner of the intersect North US 1 and Naco Road, directl of Ridgecrest Mobile Home Park. RM (Residential Multi-Family du/ac) ' CH (Commercial Highway) RMH-5 (Residential Mobile du/ac). · Home 3. 3 Acres TO provide for addi.tional parking f proposed#i, shopping center along Nort] RMH-5, CG and IL Mobile home parks are located nc south, and west; Ryder Truck Rental other small businesses are locaEed [he east along the US ~t frontage. Star_.i on #4 (Airport) is located miles away. On site facilities to be provided. # 2 HarcN !6, 1989 Page 2 Petition: Andrae, File No. : PA-89=~0 STANDARDS FOR REVIEW: in reviewing this apPlication for the proposed amer the Growth Management Policy Plan, the Local Planning shall consider and make 'the following determinations: Whether the proposed amendment is in confl any applicable portions of this Ordinance; The proposed change in land use is consiste the COmmercial Development Policies of Lucie County Growth Management Plan. Spl, policies$43, which support this amendmenE are Whether and the extent to which the amendment is consistent with existing and land uses in this area; The Proposed change is generally consiste Commercial Development Policies of. the St. County Growth Management Policy Plan and uses along the North US Hwy. I corridor. Whether there have been changed conditions require an amendment; Within the last year there have been s rez°nings and development proposals for comm~ purposes along the North US 1 corridor. A center is being proposed for the property to the east. This land use change will all construction of s~ a additional parking area for noppl ng center. Whether and the extent to which the prop amendment would result in demands on pu facilities, and whether or to the extent to the proposed amendment would exceed the capa of such public facilities, including but limited .uo transportation facilities, se facilities, water supply, parks~ drain schoots~ and emergency medical facilities; The proposed development is not e×pected to an excessive demand on public facilities in area. March 16, 1989 Page 3 Petztion: Andrae} File No. : PA-89-~C, Whether and the extent to which the amendment would result in significant impacts on the natural environment; The proposed land use change is not an~icip create any adverse impacts on the environment. To the best of our informati site does not contain any threatened or environmental habitat. Whether and the extent to which the amendment would result in an orderly and development pattern, specifically identifyi negative effects on such Patterns; The Proposed amendment is consistent Commercial Development Policies of the St County Growth Management Plan. ' ~e petitioner, Rudy Andrae, is proposing to change th~ use designation from RM to CH for the purpose of construc~ parking lot for a proposed shopping center directly to the of this property, along the US Hwy #1 frontage. Staff has reviewed this proposed amendment and fou consistent with the standards of review in the St. Lucie Growth Management Policy Plan. Staff recommends that you this petition to the Board of County Commissioners wi rec6mmendation of approval. If you have any questions on this matter, please let us DJM/RMS ANDRAEi(RMS-RZ6) cc: County Attorney Rudy Andrae Suggested motion to approve/deny this MOTIQN~TO__APPROVE~ requested change in zoning AFTER CONSIDERING THE TESTIMONY PRESENTED DURING PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE OF REVIEW AS SET IN SECTION 5. 3. 300, ST. LUCIE ZONING ORDINANCE, I HEREBY MOVE THAT THE PLANNi ZONING COMMISSION RECOMMEND THE ST. LUCIE COUNTY BOARD COUNTY COMMISSIONERS GRANT APPROVAL TO THE PETITION OF RUDY ANDRAE FOR A CHANGE IN LAND USE FROM RM (RESIDENTIAL, FAMILY- 11 DU/AC):TO CH (COMMERCIAL HIGHWAy). MOTION_TO DENY- AFTER CONSIDERiNG THE TESTIMONY PRESENTED DURING THE PU HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS REVIEW AS SET IN SECTION 5. 3. 300, ST. LUCtE COUNTY ORDINANCE, I HEREBY MOVE THAT THE PLANNING AND COMMISSION RECOMMEND THE ST. LUCIE COUNTY BOARD OF CO1 COMMISSIONERS DENY THE PETITION OF RUDY ANDRAE FOR A CHANGE IN LAND USE FROM RM (RESIDENTIAL, MULTI-FAMILY _ ii Du/ACl TO CH (COMMERCIAL HIGHWAY) BECAUSE ... [CITE REASON WHY - PLEASE BE SPECIFIC]. AGENDA - LOCAL PLANNING AGE ' ~ NCY THURSDAy ~"L~'-RCH 23, ] 989 PeTition of Rudy Andrae Eo amend the Fu ~ure Land ClassificaTion of the St. Lucie County GrowTh Management Poll Plan from RM (Medium Density Residential Development) (Highway Commercial Development) for the following descr property: WEST ';00 FEET ()F NO[~'[~t~ LYING361'3w~.-c .......... FEET ~qESTM ,10 FEET. ' ' -~ - LESS THE (Location: West side of U.S. 1 right-of-way, directly north Ridgecrest Mobile Home Park) Please note that all proceedings before the Local P1. 'Agency are electronically recorded. If a person decid, appeal any decision made by the Local Plannihg Agency respect to any matter considered at such meeting or hearing, will need a record of the proceedings, and that, for such pose, he may nee_d to ensure that-a verbatim record of the ipro ceedin~s is made, which record includes the testimony and ~evi~ dence upon which the appeal is to be based. Upon the reques any party to the proceeding, individuals testifying during hearing will be sworn in. Any party to the proceeding will 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 adjacen.t property owners March 1, 1989. Legal not/ce was published in the News Tribune~ a newspaper of general c~rculation in St. Lucie CounEy, on March 2, 1989. FILE NO. PA-89-001 5163 North A-i-A, #52l.) Jordan Associates Ltd. 4129 S. Peoria, Sue. 202 ~]lsa, OK 74105 H & S Real Estate Co. Ltd. 416 Pennsylvania Denver, CO 80203 7 Reelstone'Develo~z~ntCorp. 2023 West St'. Lucie Blv. Ft. Pierce, FL 34946 11, 15 John C. Vivian (Tr) 6965 S. W. 128 St. Miami, FL 33156 14 Gus & P~rtha [~nnard P. O. Box 3328 Ft. Pierce, FL 34948 ?44 S. W. 24 ()b',-~'ho~x~e, t-2, ?,4974 L/oyds Financ2a], Inc. 629 Prospect St. ~Ple~od, NJ 07040 Frederick M. Weasel 3590 Wescott Hills Dr. St. Paul, ~ 55123 8, 9 Kenneth W. Matthews 2500 North U. S. #1 Ft. Pierce, FL 34946 12 Island Bopper, Inc. c/o Curtis R. MOsley P. O. Box 1210 Me]bouren, FL 32902 16 Jara~l & Nancy Asfour P- O. Box 3667 Ft. Pierce, FL 34948 Ridc c/o Jac 7072 N. Lauderhi]~; 6 William Henry & Co]ony C 2601 No Ft. pj 10 Robert & 7435 W. Hia ]eah, 13 Eugene & 1504 Juan ]. Ft. Pi erce 17 Waiter & P. O. Box Ft- Pierce, ::W'. R. Grace & Co. ,'g. O. Box 277 :'4~Iem~hbi. s, TN 38101 State R~]cts SLate of Fla. No~d Dept. R~]d R ight_of_kCav 780 .q.W. 24 St. Pt. [-~,Merdale. F'L 33315 (.7olin tv No,,~] NighL_o 23{)0 V~r91ni` ~H R~ ST. LUCIE RED GREEN BLUE BLVD. 55-34 -40 A FOR A PETITION OF RUDY. ^NDRAE CHANGE IN ZONING CLASSiFiCATiON FRON~ RMH-S TO CG C6 = RED I L = gREEN RMH-5 = BLUE ST. LUCIE BLVD. A -4O FOR A PETITION OF RUDY ANDRAE CHANGE IN ZONING CLASSIFICATION FROM RMH- $ TO CG 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 AJ3SENT: None. OTHERS PRESENT: Krista Storey, Assistant County Attorney; Dennis J- Murphy, Land Development Manager; Chris Bore, Environmental Planner III; Ray Skorzewski, Planner I' Secretary. , and, Dolores Messer, TAPES: !, 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 ALLEGI-ANCE: The Pledge Df Allegiance was led by Chairman Terpening. FEBRUARY 23, 1989 PL/h%~41NG AND ZONING COmmISSION/LOCAL PLANNING A~NCY_ 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 - RUDy ANDRAE - FILE NO. PA-89-001: Petition of Rudy Andrae to amend the Future Land Use Maps of the St. Lucie County Growth Management Policy Plan from RM (Medium Density Residential Development) to CH (Highway Commercial Development) for property located on the northwest corner of the intersection of North U.S. 1 and Naco Road, directly north of Ridgecrest Mobile Home Park. Mr. Andy Valisalo presented the petition. In response to questioning by Mr. Terpening, Mr. Murphy explained that the initial application indicated an entire legal description of 6.6 acres. Approximately 1/2 of that is presently zoned Commercial, and the other half is zoned Residential. Referring to the overview, Mr. Murphy said that the property located to the west of Taylor Creek, apProximately 0.3 acres, is not included in the petition and would keep the request within the small area guidelines of 3 acres of less. Attorney Butt Bitten, representing Ridgecrest Mobile Home Park pointed out ~that Parcel 3 on the over~' · . · ~obll~ .h~e park with 180 uni ~ .... ~w ls ~ portion of the ne stated conce ......... ~s, ~* ~s~ence ~or third.- - ~ ~aruing t~e need =-- - u3 years. ~or a barrier to prohibit pedestrian traffic and accumulated pa er t shopping area into th ~^~ - P. rash from the re os d: _ .. e ,,,~u~le home ar~. . _ . P~ P ed lscussed the mat · _ .P~. Mr. Bidden said h etit' ter w~th M~. Va±lsalo e had P loner would n~ ~-~ ....... who felt th=+ ~ f~ce.. ~r. Bitten pointed out thatc~t~ ~res~ng to install a ~u u,,~ Elme his client does nuu wish to speak in opposition of the petition concern regarding a bar~ier between the , but to voice the mobile home nark 1 ........ two uses. He said th=~ ~omes close to the proposed pro~e~t ~ ~ d?~s ~t have mobile ~S~' en ~g h~ i ~ i ~a Y ~ to H~ w ~ e. r~ f ~ e property ~ s ~°M~line.1 ~tHo~cl~Mr. ar~iddenn~°u~ noted that adjacent property owners are not notified of site plan review and approval. Therefore, he chose to go on record with his client's concerns. He also stated that those concerns will be brought before the Board of County Commissioners if a reasonable solution is not accomplished by the date of that hearing. Mr. Bitten and Mr. Valisalo had agreed that the petitioner wilt be made aware of Ridgecrest Mobile Home Park's request for erection of a chain link fence on the south property line and possibly the back property line. Mr. Terpening said when commercially zoned property abuts residential property, there is additional buffering required in the site plan, i.e. a six ft. hedge and/or fence. Mr. Murphy said there are certain requirements in land development regulations that speak to physical separation to shield and screen a commercial project from a residential area. Mr. Bitten noted that even though vegetation may be planted, there is no to follow-u_ he see said that that the his vegetation takes toot and lives. Accordingly, client Would prefer a fence with possibly a vine that would provide proper scteen~n~.~ ~ natural vegetation existing in the subject boundary area There that may is be permitted to remain. Regarding Staff comments, Mr. Murphy said the purpose of the petition is to allow for the commercial ultimate expansion and development of the subject tract into a use. The subject would be used for parking facilities associated with development area withal°ng U.S. 1. Staffpoliciesdeterminedof thethe petition generally consistent development GMPP and recommended approval of the petition. In response to questioning by Mr. Sciturto, Mr. Murphy said the Planning and Zoning Commission can forward a recommendation of approval to the Board of County Commissioners, and include in that recommendatiOnv consideration for the petitioner to voluntaril~ commit to the preservation of an expanded landscape area along the south property line. In response So questioning by Mr. Skidmore, Mr. Murphy said the petition ~pplication indicated the possible development of the subject site for commercial use. It may result with ~t~eve'opmen- on the eastern portion of the-property being developed as support facilities owners' such and as the parking western and portion loading areas. The owner reason for is ~tw° separate names ~ ~ uhe~n~ property list ~ecause Mr. Andraein was not the owner°n theat the time theMr, applicationDhv saidWasthemade' response to Mr. o~ue~=more,s concern, Mur_~ ofreartheP°rti°n is under the same ownership as the front portion proDer~v. Mr. va~sa±o stated that he thought that Mr. Andrae would be agreeable to the request for reasonable buffer. 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. Sciturro made a motion that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the petition of Rudy Andrae for a c~angen land use from RM (Medium Density Residential Development) to CH in (Commercial, Highway), including in the motion a recommendation thethat south the developer keep linea 20 or ft.~h~existing and natural buffer on withPr°perty~~ Mobile°~erw~se come to an agreeable resolution UnderRid~ecres~d~~ Home Park. Mrs. King seconded the motion. --scuss~on,for a 20 Mr. Carman said he did not understand the agent motion had ft. natural buffer when the petitioner,s seemingly agreed to construct a fence. Mr. Sciturro said, in his motion, he had considered the expense involved in suggested removing that trees the and constructing a fence. Mr. Terpening motion for approval go forward if the petitioner, s agent and the representative for ~xu~-'-~gecrest Mobilethe Board Home of Park agree to work out a suitable resolution before C°unty/Commissioners, hearing. Mr. Sciturro and Mr. Carman agreed with this suggestion. Upon roll call the Board voted unanimously in favor of the motion. ' Chairman Terpening informed the petitioner, s agent that the petition will be forwarded to the Board of County Commissioners with a recommendation of approval. ORDINANCE NO.: 89-36 File No.: PA-89-001 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED ON THE WEST SIDE OF NORTH US #!, OPPOSITE NACO ROAD (MORE PARTICULARLY DESCRIBED HEREIN) FROM RM (MEDIUM DENSITY RESIDENTIAL) TO CH (COMMERCAL HIGHWAY), MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Rudy Andrae presented a petition to amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from RM (MEDIUM DENSITY RESIDENTIAL) TO CH (COMMERCAL HIGHWAY), for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on March 23, 1989, of which-due notice was published at least seven (7) days prior to said hearing and ail- 'owners of property within five hundred (500') feet were notified by mail of said hearing, has recommended that the Board amend the future land use classification set forth in the St. Lucie County Growth Management Policy Plan from RM (MEDIUM DENSITY RESIDENTIAL) TO CH (COMMERCAL HIGHWAY), for the property described below. The Board held a public hearing on April 25, 1989, after publishing notice of such hearing in the Ft. Pierce News Tribune on April 5, 1989. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: The future land use classification set forth in the Sto Lucie County Growth Management Policy Plan for that property described as follows: THE WEST 400 FEET OF THE FOLLOWING DESCRIBED PROPERTY, THE NORTH 361.3 FEET OF THE SOUTH 1011.3 FEET OF THE NORTHEAST 1./4 LYING WEST OF US ~1, S33, T34S, R40E, - LESS THE WEST 40 FEET. owned by Billie & j. Riedel Reynolds, be, and the same is hereby changed from RM (MEDIUM DENSITY RESIDENTIAL) TO CH (COMMERCAL HI G HWAY). B. FINDING OF CONSISTENCYL This Board speci'fically determines that the approved change in the future land use plan is consistent with the policies and objectives contained in the St. Lucie County Growth Management Policy Plan. C. ~HANGES TO ZONIN~ ATLA$~ The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas and to make notation of reference to the date of adoption of this ordinance. D. ~ONFLICTING 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. 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 effect the remaining portions of. this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to any other person, property or circumstances. F. APPLICABILITy OF ORDINANCE This ordinance shall be applicable as stated in Paragraph The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. ' p M The County Attorney shall, send a certified copy of this ordinance to the Department of Community Affairs, The Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida, 32399. I. EFFECTIVE DATF~ This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper XXX Vice-Chairman Havert Fenn XXX Commissioner R. Dale Trefelner XXX Commissioner Jack Krieger XXX Com~.sioner Jim Minix XXX PASSED AND DULY ADOPTED this 25th day of April, 1989. ATTEST: BOARD OF COUNTY COMMI SSI ONERS ST. LUCIE COUNTY, FLORIDA CLERK BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: 89-036 COUNT~ ATTORNEY 7072 N. W. 48th Court Lauderhill, Florida 33319 April 14, 1989 Board of County Cc~mmissioners St. Lucie County Administraticn Building 2300 Virginia Avenue Fort Pierce, Florida 34950 Re: Petitions of Rudy Andrae for Re-zoning and Land Use Change to Permit Highway Ccrmuercial Development Gentlemen: Ridgecrest Mobile Hcme Park, Ltd., owns property immediately south of the property owned by Mr. Andrae vahich he seeks to re-zone and have land use change to permit highway conmercial development. We were represented by our attorney, B. A. Bittan, Jr., before the Planning. Agency at their meeting on March 23, 1989. Since that time Mr. Andrae has entered into an agreement with us which satisfies us with respect to his willingness to construct a fence along the line dividing our two properties as well as an agreement on his part to leave natural vegetation in place on the south 15 feet of his property as permitted by County regulations, all parties being aware that the natural vegetation has a much greater possi- bility of furnishing a visual screen between the two properties than the usual type of planted hedge in view of the fact that this property is on a sand ridge and maintenance of any type of hedge planted by Mr. Andrae would be very difficul't, if not impossible, to acccraplish. Therefore, Ridgecrest Mobile Heine Park hereby encourages you to grant Mr. Andrae's petitions for change of zoning and land use at your meeting on April 25, 1989. Very trulY yours, RIDGECREST MOBTI,R HOME PARK, LTD. J ~sindorf, General Partner IN RE: THE NORTH 361.3 FEET OF THE SOUTH 1,011.3 FEET OF THE NE¼, LYING WEST OF U. S. HIGHWAY 1, IN SECTION 33, TOWNSHIP 34 SOUTH, RANGE 40"EAST., ST. LUCIE COUNTY, FLORIDA. THIS AGREEMENT, made and entered in~o this /¢/°/4'~daY of , 1989 bT.i'a~d between RIDGELAND PROPERTIES INC.., a Florida corporatio~-,'iihereinafter referred to as "First Party", and RIDGECREST MOBILE HOME PARK, a limited partnership, herein- af~r~'~'~d '~o as "Second Party"; WITNESSETH:' For and in consideration of Second Party giving First Partyl a letter to the Board of County Commissioners O'f St. Lucie County in favor of Firs[. ~arty's pending applications:~:fOr land use and to the property of First Party described above, and in further consideration of Seco'nd party not opposing said petitions, First Party herein agrees to the following covenants which shall be deemed covenants running with the land of First.Party mentioned above: 1. That prior to any construction of improvements on the above-described property First Party will cause to be constructed a six-foot high wooden, masonry or chain link fence along the entire south~oundary"of the above-desc~r~b~dprops'~ty'~'wh~ch or becomes, commercially zoned; and First Party further agrees that it will maintain in good order and repair said fence and replace the same when the fence is no longer repairable. The 50 feet immediately west of the U. S. 1 Highway shall be exempt from this provision. The parties hereto agree that First Party shall be permitted to Tnstal! .one gate or opening, not to exceed six feet in length, in the fenc~ to be located within 300 feet of the U. S. 1 west right-of-way .line. 2. -Fir's~ Pa~'ty"~'~'~h~r agrees td~'~T'~' undlS~U~bed the'h'a~u~a~ vegetation presenltly existing on the sou~h 15 feet of the property S. A. BITTAN. JR. · ATTORNEY AT LAW · P.O. BOX 3445 · FORT PIERCE. FLORIDA 34948 · (4'07) 461-I300 AGREEMENT - Page Two. described above unless required by the appropriate public authority to. do otherwise, so that the present vegetation will be allowed to flourish and act as a sight barrier between Second Party's mobile home park property which lies immediately south of First Party's property described above. 3. First Party further agrees that should it be necessary for Second Party to retain an attorney to enforce the afore- mentioned agreements of First Party, First Party will pay a reasonable attorney's fee to Second Party's attorneys and also pay all incidental costs related to said enforcement proceedings. However, Second Party shall not retain an attorney until after having given First Party 30 days notice to cure any breach of this agreement .by certified mail, return receipt requested. This agreement shall bind and benefit the-parties hereto, their respective heirs, successors and assigns'~ IN WITNESS WHEREOF the'p~rties hereto'have set their hands and seals the day and year first above-mentioned. Signed, sealed, and delivered in the presence of: ~:h;~ir ~~~ BYRUd~A~drae~'e- ~~/' "FIRST PARTY" S'ec6nd Pa~ty ~ RIDGECREST MOBILE HOME PARK, a Lim.itea pa'r'~erShip SECOND PARTY" LoS. s. A. BtTTAN. JR. · ATTORNEY AT LAW · P.O. BOX ~445 · FORT PIERCE. FLORIDA 34948 · (40'7) 461-I$00 AGREEMENT - Page Three. STATE OF FLORIDA COUNTY OF ST. LUCIE I HEREBY CERTIFY that on this day, before me, an offic~ duly authorized in the State and County aforesaid to take acknowledg- ments, personally appeared RUDY ANDRAE, well known to me to be the President of the corporation named as First party in the foregoing Agreement and he acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this /~ day of April, 1989. State a~u~ty afore ' . Notar~ Pub.l. ic, ~' said My Commission Expires: ~.- 5--~ 2_- STATE OF FLORIDA cOUNTY OF I HEREBY CERTIFY that on this day~ before'm~ an/officer duly authorized in the State and County aforesaid.to.~itake acknowledg- ments, personally appeared JACK KASINDORF~ as General Partner of RIDGECREST MOBILE HOME PARK, a Limited Partnership, to me known to be the person described in and who executed the foregoing instrument and he acknowledged befOre me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this /~ day of April, 1989. Notary Public, state and County aforesaid. Expi'resq.%~·. co~ss~o~ £xP. oCT. ~,~ My Co~ission P~'~ ~,~'~ :~:~: :::. u~.. B. A. BITTAN. JR. · ATTORNEY AT LAW · P.O. BOX 34,45 ,, FORT PIERCE. FLORIDA 34948 · (407) 461-1300 ST. LUCXE COUNTY ~'/FIOAVIT OF PUBLZC NOT[CE I, .... · print) ...... , do hereby certify that a pe~itioner for aa Amendment to the Officim~ Zonl~ Atlms of St. Lucie County on t~e follo, ing OescgiOe~ property= I O: I Old on <--- -t 1.$~,~, erect tn a conspicuous place o this property the folio=lng notice: )IOTXCE ' petitioned the St. t. uct~~~, of.Cou, nty £om.missione~_$ for a Change Lfl Zoflifl0 ~~to ~. ,~ ~bltc ~eeF~ng on~t~etltton available to: ~evie= Ln t~e otr~ce or t~e St, ~ue~e County Development Coati,nato:, Building Virginia Avenue, Ft. Pierce, ~OU~So Swo~n and SubsctXbeP Before me this ,~'-.~- /NOtary ~DIXC State oTFlotida My Commission Expires: NOTARY PUBLIC, STATE OF FLOriDA AT ~y COU~I~S~ON ~PI~S APR. 21. ~NDED THOUGH A~ ~Y' FLORIDA BOB I~fARTU~z GOVERNOR DEPARTMENT OF TRANSPORTATION Palm Beach Urban fice 3111 South DiXie Highway, Suite 112 Mail Box 122 West Palm Beach, Florida 33405 Telephone: 407-837-5290 April 20, 1989 Honorable Judy Culpepper Chairman~ Board of County Commission St. Lucie County 2300 Virginia Avenue Fort P~erce, Florida 34982-5652 Dear Cor~aissioner Ctllpepper: RE: Change in Zoning West Side of US-1 R/W, Directly North of Ride_~est Mobile Home Park Home Park This Department has no objection to the change in zoning proposed, from RMH-5 (Mobile Home 5 units/acre) to CG (Commercial General) of a site located on SR-5/US-1 north of the City of Fort Pierce. ' According 'to our report of traffic counts this section of US-1 is now carrying approximately 21,500 vehicles per day. We anticipate that by 2010 this will increase to approximately 31,200 v.p.d. The ultimate cross section for this state/inter-regional corridor highway calls for six lanes divided, a minimum right-of-way of 200 feet. At approximately North Beach Causeway the present right-of-way widens from approximately 125 feet south of that point to 200 feet. It is our recommendation that any additional right-of-way necessary to make the full 200 feet be acquired at the t~ae of review of any subsequent development permit application. In order to ensure safe and convenient access to the site in accordance with State and County requirements the developer should contact this department (Traffic Operations Permits) and the County Engineer at the earliest possible time, also the Drainage Section of FDOT for drainage requirements. JA/mw cc: Gus Schmidt ! 1989 ~o~ He~i~g Date ~o~ ~il ~5, 1969, a ~eq~eS~ change to 5'd~/ac) J~., andf~omPeggyBaker' by Agent: ~-n~::-ing Ag~ (Agricultural, ( A~ use from RM .~'D. cha ~ ) CH ( Highway aDe~elOP~eBt) ~from RMH-5 ( Co~ercial, ~is~iOneQn behalf : of CO '~ L)ley, from 'AR- :6u/~c)Rev'' ~o ~stitutional).' ~ ~. Abernethy, ~'~t~i'ight )dus to CG BOARD OF COUNTY COMMISSION(ERS March 1, 1989 __~ _. SLCAdm, Bldg. ~ex 2300 Ft. Pierce, FL In compliance with the provisions of the St. Lucie County Zonin~ Ordinance, you are hereby advised that Rudy Andrae has the Planning and Zoning Commission for a change in zoning frol RMH-5 (Residential, Mobile Home - 5 du/ac) to CG (Commercial, General) for the following described property: WEST 400 FEET OF THE FOLLOWING DESCRIBED PROPERTY: NORTH 361.3 FEET OF SOUTH 1011.3 FEET OF NORTHEAST ~ LYING WEST OF U.S. #1 S33, T34S, R40E - LESS THEt WEST 40 FEET. (Location: West side of U.S. 1 right-of-way, directly north of Ridgecrest Mobile Home Park) 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 nee~ 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 petitioner proposes to build a shopping center. For your information a copy of_the CG zoning is enclosed. If you have any questigns, additional information may be obtained by calling Area Code 407, 46841553. Si n c ·ret y, PLANNING AND ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA ' ~ ~ - ' / · : J.,_/,/P. ~erpe~n~, Chairman FILE NO. RZ-89-004 HAVERT ~_. 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 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 Rudy An'drae to amend the Future Land Use Classification of the St. Lucie County Growth Management Policy Plan from RM (Medium Density Residential Development) to CH (Highway Commercial Development) for the following described property: WEST 400 FEET OF THE FOLLOWING DESCRIBED PROPERTY: NORTH 361.3 FEET OF SOUTH 1011.3 FEET OF NORTHEAST ~ LYING WEST OF U.S. #1 S33, T34S, R40E - LESS THE WES~TM 40 FEET. _ _ _ -- (Location: West side of U.S. 1 right-of-way, directly north of Ridgecrest Mobile Home Park) 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. SSIONERS ST. LUCIE COUNTY, FLORIDA /s/ Judy Culpepper, Chairman FILE NO. PA-89-001 BOARD OF COUNTY COMMISSION£RS April 4, 1989 DEVELOPMENT DIRECTOR ~RRYL.~R~ In compliance with the provisions of the Florida Statutes, you are hereby advised that Rudy Andrae has petitioned the Board of County Commissioners to amend the Future Land Use Classification of the St. Lucie County Growth Management Policy Plan from RM (Medium Density Residential Development) to CH (Highway Commercial Development) for the following described property: WEST 400 FEET OF THE FOLLOWING DESCRIBED PROPERTY: NORTH 361.3 FEET OF SOUTH 1011.3 FEET OF NORTHEAST % LYING WEST OF U.S. #1 S33 T34S WES'~ ~- 40 F~nn~. ' , R40E - LESS THE (Location: West side of U.S. 1 right-of-way, directly north of Ridgecrest Mobile Home Park) A public hearing on the petition will be held 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. 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 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. If you should have any questions, additional information may be obtained by calling Area Code 407, 468-1553. Sincerely, BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Jud~ Cul~epper, Chairman FILE NO. PA-89-001 HAVERT L. FENN, District No. 1 · JUDY CULPEPPER. District' No. 2 · JACK KR EGER, 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) 468-1553 · Code Enforcement: (407) 468-1571 ff_~ff Rudy Andrae 5163 North A-i-A, #520 Ft. Pierce, ~L 34949 Jordan Associates Ltd. 4129 S. Peoria, Ste. 202 Tu] sa,' OK 74105 4 H & S Real Estate Co. Ltd. 416 Pennsylvania Denver, CO 80203 Reelstone Development Corp. 2023 West St. Lucie Blv. Ft. Pierce, FL 34946 P~OPER~y~ m PET~ION~D~ m~a A Bi/lie & j. Riedel Reynolds 744 S. W. 24 Ave. Okeechobee, FL 34974 2 Lloyds Financial, Inc. 629~Prospect St. Maplewood, NJ 07040 Frederick M. Wesse/ 3590 Wescott Hills Dr. St. Paul, ~ 55123 8, 9 Kenneth W. Matthews 2500 North U. S. #1 Ft. Pierce, FL 34946 3 Ridgecrest M/H Park Ltd. c/o Jack Kasindorf 7072 N. W. 48 Ct. Lauderhill, FL 33319 William& Jean Johnston Henry & Christina Johnston Colony Club M/H Park 2601 North U. S. #1 Ft. Pierce, FL 34946 Robert & Josephine Mixon 7435 W. 19 Ct. Hialeah, FL 33014 11, 15 John C. Vivian (Tr) 6965 S. W..128 St. Miami, FL 33156 12 Island Hopper, Inc. c/o Curtis Ri Mosley P. O. Box 1210 Melbourne, FL 32902 13 Eugene &Maggie King 1504 Juanita Ave. Ft. Pidrce, FL 34946 14 Gus & Martha I. er~d p. o. Box 3358 Ft. Pierce, FL 34948 16 Jamal & Nancy Asfour P. O.~ Box 3667 Ft. Pierce, FL 34948 17 Walte~ & Joanne Knight P. O. Box 4221 Ft. Pierce, FL 34948 W. R. Grace & Co. P. O. Box 277 MemOir, TN 38101 State Roads State of Fla. Road Dept. Road Right-Of-Way 780 $. W. 24 St. Ft. Lauderdale, FL 33315 County Roads SLCAdm. Bldg. Annex Road Right-of_Way 2300 Virginia Ave. Ft. Pierce, FL 34982 NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commis- sioners for St. Lucie County, Florida, will at 1:30 P.M. on Tuesday, April 25, 1989, in St. Lucie County Commision Chambers, third floor of County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida, hold a public hearing on: Petition of Rudy Andrae to amend the future land use classification of the St. Lucie County Growth Management Policy Plan from RM (Medium Density Residential Development) to CH (Highway Commercial Development) for the following described property: WEST 400 FEET OF THE FOLLOW/NC DESCRIBED PROPERTY: NORTH 361.3 FEET OF SOUTH iOll.3-FEET 0}7' NORTHEAST % LYING WEST OF U.S. #1 S33, T34S, R40E - LESS THE WES~ ~_0 FEET (Location: West side of U.S. ! right-of-way, directly north of Ridgecrest Mobile Home Park) Please note that all proceedings before the Board of County Commssioners 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. If it becomes necessary, these public hearings may be continued from time to time. Dated this 3rd day of April, 1989. PUBLISH: APRIL 5, 1989 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /s/ Judy Culpepper, Chairman Agenda Item: File Number: ~ 2 PA-89-00 M E M O R A N D U ~ TO: FROM: DATE: SUBJECT: Local Planning Agency Land Development Manager March 16, 1989 Petition of Rudy Andrae, to amend the Future Land Use Maps of the St. Lucie County Growth Management Plan from RM (Residential, Multi-Family - du/ac) to CH (Commercial Highway). LOCATION: EXISTING LAND USE PROPOSED LAND USE: EXI STING ZONING: PARCEL SI ZE: ~-PROPOSED USE: SURROUNDING ZONI SURROUNDING LAND US E: FI RE/EMS PROTECTI ON: Northwest corner of the intersection of North US 1 and Naco Road, directly north of Ridgecrest Mobile Home Park. RM (Residential, du/ac) Multi-Family CH (Commercial Highway) RMH-5 (Residential, du/ac). Mobile Home - 5 3.3 Acres To provide for additional parking for a proposed shopping center along North US %1. RMH-5, CG and IL Mobile home parks are located north, south, and west; Ryder Truck Rental and other small businesses are located to the east along the US ~1 frontage. Station %4 (Airport) is located two miles away. WATER/SEWER SERVICE: On site facilities to be provided. March 16, 1989 Page 2 Petition: Andrae, Rudy File No.: PA-89-001 STANDARDS FOR REVIEW: In reviewing this application for the proposed amendment to the Growth Management Policy Plan, the Local Planning Agency 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 land use is consistent with the Commercial Development Policies of the St. Lucie County Growth Management Plan. Specific policies which support this amendment are $34, and $43. Whether and the extent to which the proposed amendment is consistent with existing and proposed land uses in this area; The proposed change is generally consistent with Commercial Development Policies of the St. Lucie County Growth Management Policy Plan and desired uses along the North US Hwy. 1 corridor. 0 Whether there have- been changed conditions that require an amendment; Within the last year there have been several rezonings and development proposals for commercial purposes along the North US ! corridor. A shopping center is being proposed for the property directly to the east. This land use change will allow the construction of a additional parking area for that shopping center. 6 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, 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: Andrae, Rudy File No.: PA-89-001 o Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed land use change 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 identifying any negative effects on such patterns; The proposed amendment is consistent with Commercial Development Policies of the St. Lucie County Growth Management Plan. The petitioner, Rudy Andrae, is proposing to change the land use designation from RM to CH for the purpose of constructing a parking lot for a proposed shopping center directly to the east of this property, along the US Hwy ~1 frontage. Staff has reviewed this proposed amendment and found it consistent with the standards of review in the St. Luc±e County Growth Management Policy Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a rec6mmendation of approval. If you have any questions on this matter, please let us know. DJM/RMS ANDRAEI(RMS-RZ6) cc: County Attorney Rudy Andrae Suggested motion to approve/deny this requested change in zoning .MOTI ON_TO_APPROVE: 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, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE PETITION OF RUDY ANDRAE FOR A CHANGE IN LAND USE FROM RM (RESIDENTIAL, MULTI- FAMILY - 1I DU/AC) TO CH (COMMERCIAL HIGHWAY). MOTI ON_TO_DENY: 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, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE PETITION OF RUDY ANDRAE FOR A CHANGE IN LAND USE FROM RM (RESIDENTIAL, MULTI-FAMILy - 1! DU/AC) TO CH (COMMERCIAL HIGHWAY) BECAUSE ... [CITE REASON WHY - PLEASE BE SPECIFIC]. AGENDA - LOCAL PLANNING AGENCY THURSDAY MARCH 23, 1989 7:00 P.M. Petition of Rudy Andrae to amend the Future Land Use Classification of the St. Lucie County Growth Management Policy Plan from RM (Medium Density Residential Development) to CH (Highway Commercial Development) for the following described property: WEST 400 FEET Ot.' Tfti:i FOI, LOWi N(; D!.iI3CR I }{~-}D ?P[)PER!'Y: NORTH 361.3 FEET OF ~JOUTH 1011.3 }~EE'P Of~ NORTHEAST ~ LYING WEST OF U.S. #1 S33, T3.~S, R40E - LESS THE WES'= 40 FEET. (Location: West side of U.S. 1 right-of-way, directly north of Ridgecrest Mobile Home Park) Please note that all proceedings before the Local Planning ~gency are electronically recorded. If a person decides to appeal any decision made by the Local Planning Agency with respect to any 'matter considered at-such meeting or hearing, he will need a-record of the proceedings', and that, for such pur- pose, he may need to ensure that~a Verbatim record of the pro- ceedings is made, which record includes the testimony and evi- dence 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 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. PA-89-00! Rudy Amdrae 5163 North A-l-A, #520 Ft. Pierce, FL 34949 A Bi.i 1 ie & J. Rie.-del Reynolds 744 S. ~. 24 Ave. Okeechobee, FL 34974 Jordan Associates Ltd. 4129 S. Peoria, Ste. 202 Tulsa, OK 74105 4 H & S Real Estate Co. Ltd. 416 Pennsylvania Denver, CO 80203 Reel stone ! Develolm~nt Corp. 2023 West St~. Lucie Blv. Ft. Pierce,. 'FL 34946 OTHA~ PROPERTY (I~AmlP~ NOTIFIED 2 Lloyds Financial, Inc. 629 Prospect St. ~pl~ood, NJ 07040 Frederick M. h%sset 3590 Wescott Hills Dr. St. Paul, MN 55123 8, 9 Kenneth W. Matthews 2500 North U. S. #1 Ft. Pierce, FL 34946 Ridgecrest M/H Park Ltd. c/o Jack Kasindorf 7072 N. W. 48 Ct. Lauderhi]l, FL 33319 6 William& Jean Johnston Henry & Christina Johnston Colony Club M/H Park 2601 North U. S. #1 Ft. Pierce, FL 34946 10 Robert & Josephine Mixon 7435 W. 19 Ct. Hialeah, FL 33014 11, 15 John C. Vivian (Tr) 6965 S. W. 128 St. Miami, FL 33156 12 Is/and Hopper, .Inc. c/o Curtis R. Mosley P. O. Box 1210 Melbouren, FL 32902 13 Eugene&Maggie King 1504 Juanita Ave. Ft. Pierce, FL 34946 14 Gus &Martha ~_nnard P. O. Box 3328 Ft. Pierce, FL 34948 W. R. Grace & Co. P. O. Box 277 Memphis, TN 38101 16 'Jamal & Nancy Asfour P. O. Box 3667 Ft. Pierce, FL 34948 State of Fla. Road Dept. Road Right-Of-Way 780 S. W. 24 St. Ft. Lauderdale, FL 333~5 17 Walter & Joanne Knight P. O. Box 4221 Ft. Pierce, FL 34948 County Roads SLC Adm. Bldg. Annex Road Right-of-Way 2300 Virginia .Ave. Ft. Pierce, FL 34982 CH = RED IL = GREEN RM = BLUE ST. LUCtE BLVD. ~-$4 -40 A ~- E~ FOR A PETITION CHANGE IN FROM OF RUDY. ANDRAE ZONING CLASS IF I CAT ION RMH-5 TO CG CG = RED IL = GREEN RMH-5 = BLUE ST. LUCIE BLVD. -$4 -40 PETITION OF RUDY ANDRAE-- FOR A CHANGE IN ZONING CLASSIFI~,CJ~-.1F!ON FROM RMH- 5 TO CG AGENDA - LOCAL PLANNING AGENCY THURSDAY MARCH 23, 1989 7:00 P.M. Petition of Rudy Andrae to amend the Future Land Use Classification of the St. Lucie County Growth Management Policy Plan from RM (Medium Density Residential Development) to CH (Highway Commercial Development) for the following described property: WEST 400 FEET OF THE FOLLOWING DESCRIBED ?ROPERTY: NORTH 361.3 FEET OF SOUTH 1011.3 FEET OF NORTHEAST % LYING WEST OF U.S. #1 S33, T34S. R40E - . WEST 40 FEET. - . LESS THE (Location: West side of U.S. 1 right-of-way, directly north of Ridgecrest Mobile Home Park) Please note that all proceedings before the Local Planning -Agency are electronically recorded. If a person decides to appeal any decision made by the Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such pur- pose, he may need to ensure that a verbatim record of the pro- ceedings is made, which record includes the testimony and evi- dence 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 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. PA-89-001 BOARD OF COUNTY D6V LOPMCNT COMMISSION£RS DIRtSCTOR TERRY L. VIRTA March 1, 1989 In compliance with the provisions of the Florida Statutes, you are hereby advised that Rudy Andrae has petitioned the Loc al Planning Agency to amend the Future Land Use Classification of the St. Lucie County Growth Management Policy Plan from RM (Medium Density Residential Development) to CH (Highway Commercial Development) for the following described property: WEST 400 FEET Ot;' THt£ FOLLOWING [-~'~:,SCRIBED PROPERTY: NORTH 361.3 FEET OF SOUTH 1011.3 FEET OF NORTHEAST ~ LYING WEST OF U.S. #1 S33, T34S, R40E - LESS THE WEST 40 FEET . (Location: West side of U.S. 1 right-of-way, directly north of Ridgeorest Mobile Home Park) A 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 Local Planning Agency are electronically recorded. If a person decides to appeal any decision made by the Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to 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. If you have any questions, additional information may be obtained by calling Area Code 407, 468-1553. Si n c erel y, LOCAL PLANNING AGENCY ST. LU~I E COUNTY, , FLOP~I J. P. Terpening, Chairman FILE NO. PA-89-001 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) 468-1553 · Code Enforcement: (407) 468-1571 NOTICE NOTICE IS HEREBY GIVEN that the Local Planning Agency for St. Lucie County, Florida, will at 7:00 P.M. on Thursday, March 23, 1989, in ROom 101, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida, hold a public hearing on: property: (Location: West side of U.S. Ridgecrest Mobile Home Park) Petition of Rudy Andrae to amend the future land use classification of the St. Lucie County Growth Management Policy Plan from RM (Medium Density Residential Development) to CH (Highway Commercial Development) for the following described WEST 400 FEET OF THE FOLLOW~NG DESCRIBED PROPERTY: NORTH 361.3 FEET OF SOUTH 1011.3 FEET OF NORTHEAST % LYING WEST OF U.S. #1 S33, T34S, R40E - LESS THE ES. 40 FEET. 1 right-of-way, directly north of Please note that all proceedings before the Local Planning Agency are electronically recorded. If a person decides to appeal any decision made by the Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such pur- pose, he may need to ensure that a verbatim record of the pro- ceedings is made, which record includes the testimony and evi- dence 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 con- tinued from time to time. Dated this 28th day of February, 1989. LOCAL PLANNING AGENCY ST. LUCIE COUNTY, FLORIDA /s/ J. P. Terpening, Chairman PUBLISH: MARCH 2, 1989 Feet, {400 Applicant's Name: . %~ Applicant's Address: APplicant's Phone Number= ~ t I (We) do hereby petition the St. ~cte ~k~ ~l~,l~ Zoning Co~ssion and the St. L~=~e ~stF ~Z4 Co~issio~e~Sfollowing property:t° change the Future Land Use C~ass~f~cat~o~ of the Legal Description: (Type or Print only ~n black Property Tax I~. # i~~ From: ~;y (Our) reason for making this request is: I (We) do hereby certify that ! (we} own in fee simple all of the above describe4 ~go~)erty and have legal right to request a change {n Future La~d Use of said property. I (we) do hereby certify that ! (we} ow~~ in fee simple that portion of the above ~eac~be4 Property for which a change in-Future Land ~se is requested, described as The remainder of the P=0~rty described ia Paragraph #1 above for which change! ~n Future Land Use is requested is owned by and that ! (we) certify that the above legal description submitted by me (us) represents the property I (we) wish to have reclassified. I (We) understand that ! (we) must b,~.e.~ at the hearing or will be represented Agent THIS pETITiON ~ ONLY BE WITH THE ST. LUCIE CO~ APPROPRIATE D~LiNES FOR ~tafff Use Onls- Date Authorized FOr Reviews: HearinE Schedule: Check No. ~L~ ~ecelpt No. Planning and Zoning: Affidavit Received: Result: Boated of County Commissior}ers: Affidavit Received: ResuLt: Comment- ~ .. ~.~..., . . WEST 400 FEET OF THE FOLLOWING DESCRIBED PROPERTY: NORTH 361.3 FEET OF SOUTH 1011.3 FEET OF NORTHEAST % LYING WEST OF U.S. #1 S33, T34S R40E - LESS THE WEST 40 FEET. ~ Fee:~ $400 Date t _ ,~.~ Applicant's Name: Applicant's Address: Applicant's Phone Number: I (We) do hereby petition the Zoning Co~ssion and the St. L~c~e Co~issionezs to change the Future Land Use Classification of the following property: Legal Description: ~Type or print only in black ink) Property Tax I.D. # l(/~ ~0 ~ ,,Q~. ~ From, .~ VA~ FO, ¢_~t My (O'ur) reason for making this request is: ...... . ,,, I (We) do hereby certify that I (we) own in fee simple all of the above described property and have legal, right to request a change in Futu~e Land Use of said property. :I I (We) do hereby certify that ! (we) ow~t in fee simple that portion of the above described property for which a change in Future Land Use iS requested, described as ........... The remainder of the property describedii~ paragraph %1 abOve for which change in Future Land requested is owned by and that I (we) certify that the above legal description s~bmitted by me (us) represents the property I (w~) wish to have reclassified. /, I (We) understand that I (we) must ._b/..~ ,~e~t at the hearing or will be represented by ~/0~ ~agent. Agent ...... A~pIi~atXon form and in~oEmation foe ~ IPic~£1o Miindmint to shall be obtained ~om the ~unty D~elo~ent C~rdin~tor*S Offlce~ P~i~XAg Oivlolon. ~n~ Coacep~. ~e ~Oe o~ ~e ~lin ~~nt C~copt L8 to provide ~n o~ufllty for a pl~ to ~ ~ltt~ tO the Count~ 8howlng the Intent ~nd natuze o~'the little ez~enoe as ~,lblo, ~e fl~ ~~ent ~ce~ ~alZ Plan ~ndMn~ coflce~ Su~loolon application ~orm end rea viii ~ ac~~ ~ ~e ~ty ~veZo~ The application viii be adveEtised.p~lot to r~lr~ ~bllc hearings before the plying ~d Zon/~ ~~IM ~ ~e County iLdz ' Concept. by the County Comm/mo/~on shill aion at least once every throe (3). 1. 81to dleenslons a, number of d~olX]~g units if ree~dentiaX b. Floor area L£ non-residentiaX' Building heights ~n stories' rights-of-ray a. LooetA~no b, Use and opeoial use 7. Conceptual drainaoe ln£oruatXon for ~n~.Lre p~oJect.~ 2. ~ of project i. XettLled Belie b. Uholesele sales c. #e~e~usLpg . Other ogeom&LnatLon .'sPeCify 3. ~arcel sase Ln acres 5. h~ use es expiated starting de~e' b. aPPro~lmlo.tliue required for c~letl~ 7, ~l~ utllLt./eo ~ ~nter~t, O~eg ' oervLcee or their lre protection urfece drain&pi Other - specify WEST 400 FEET OF THE FOLLOWING DESCRIBED PROPERTY: NORTH 361.3 FEET OF SOUTH 1011.3 FEET OF NORTHEAST ~ LYING WEST OF U.S. #1 S33, T34S, R40E - LESS THE WEST 40 FEET. COUNT SHEET ST. LUCIB Fee:' $400 Applicant's Name: Applicant's Address: Applicant's Phone Number: . ~907) q_~_~_-_q(oT'L~ i (we) do hereby petition the S~. ~c~e ~%~ ~~ ~ Zoning Co~ission and the St. L~cie Cowry ~ Of C~t~ Co~issionezs to change the Future Land Use Classification of the following property: Legal Description: (Type or print only in black ink) Property Tax My (Our) reason for making this request is: ....... simple all of the above desc~ibed pzo~r.ty and have legal right to request, a change ~n Futu~ Land Use of said property. I (We) do hereby certify that ! (we) own in fee simple that port,on of the above ~acr~bed for which a change in~Future Land Use ~s ~equested, described as ~ The remainder of the property desc~lbe~ l~ paragraph ~1 above for which change in Future La~d Use is requested is owned by ........ and that I (we) certify that the above legal description submitted by me (us) represents the property I (we) wish to have reclassified. I (We) understand '~ that I (we) must b~,/~e~;._ at the hear tngAgent or.. will., 'be repr~Sent~ ~~~~~yagfnt. fftitio~ THIS PETITION ~ ONLX BE ~~ ~ ~i~ ~X~X~ ~~ DURING ~Y ~ ~~R O~ ~ ~~ ~. ~~ ~L~ WI~ TBE S~. LOCIE COU~ ZO~I~ D~VIS~ ~ ~Z~ APPROPRIATE D~LINES FOR ~I~. the future ~and ~ne ~le~en~ l~ttle ezpenae as conm~m~ o~ DetaLle~ ~d O~a~Lo Lnfo~l~ el ae~ forth la ~he P~n ~end~nt concep~ Su~Aosl~ ~klh~. Afte~ a deteru~fli- e'pp~Scot~on form ~nd ~ee ~LI1 ~ ac~~ ~ ~e ~~ ~veZo~ ment Coo~dlfl~tor'o O~Ace. The ~ppl~c6t~ofl wXI1 be ~dve~tLsed .p~Aor te r~Ar~ WblAc hea~lngs be~o~e the pl~Aflg ~d ~ng ~oelM ~ ~e County Co. lesion. ~rior to ota~t of ed ~an.. plats, etc.~ ~y be r~ulred. ~ btaild ou~imsiofl b~ the County Co~Amo/on aAon at lea:m~ once eve~ ~ l,t.e 81~n~ons 5. L,~r~ a. hLoting and ~ropooed geeing b. Gcovtb #aueg~ ~oliey PXan ~and uoe Ceziot.iag.ead $~eOeoe~) ~Olim[o-tb l~[~. d. 8ur faQe e. O~er - t Staff Use Onl~ Date Received: ~-~ Date Authorized for Review: File No. ~ Check No. ~__~ Receipt No. Hearin~ Schedule: Planning and Zoning: Result: Affidavit Received: Board of County Commissioners: Result: Affidavit Received: Comment: c~.~ ~ - WEST 400 FEET OF THE FOLLOWING DESCRIBED PROPERTY: NORTH 361.3 FEET OF SOUTH 1011.3 FEET OF NORTHEAST ~ LYING WEST OF U.S. #1 S33, T34S, R40E - LESS THE WEST 40 FEET. &l}Oo x 360~ z &O~ x 1297600, 129~600' 2'97520d611 ST. LUCIE COUNT~ Fees, $400 ~Da[et s Name: ....... f~ _._~ ..... ? ...... ~ .......... ....... Ooo_f 's Phone Number, ~_~7 ) q_~- ~07~.. I hereby petition the ~ts~ton and the St. ~l~l~ ~o~t~ ~l of Co~t~ hers to change the Future Land Uae Classification of the property: Legal Description: (Type or p~int only in black ink) Property ,To, Q./-k (Our) reason for making this reques' I (We) do hereb' simple all of legal right said prop/ / ./ , paragraph Use is :o,, <<%,, /~ ., , ...... N~ICE: <t>%~ ,~CS WITH ~~ 163.3187 THIS PET,'~,-~.~, ..x. ., ONLY BE PRESE~ ~R FX~ DURING ~ '<~ NO~BER OF ~CH ~~ X~. P~ ~ULT WITH THE ST. LUCIE COU~ IONI~ DIVISION TO APPROPRIATE D~LINES FOR ~I~. .ne above legal ~us) represents the .ce reclassified. I (we) must b,,/~:~ le/ at the ~presented b~/ XouzZagent.