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HomeMy WebLinkAboutEmerald Construction'~ERR'f L. 'VIR~[A' AICP p ie~ce ~ ConStructiOn: .C. · 91 the Board of 19 · our March 15, . den~ed Y hat on ._~., Florida, _4 ~ tale) to t~..~ie Counu~t~A~den~ia~' _s No. 91-131 is enclOSed for your Administrator p,/EGER District No- b · R. DALE TREFELNEB,, Distric~ No- 4 e 31M MINI~, Dist~i~ No- 2 · JACK K ',~% ~. CH~sHO~ a Avenue · Fo~t pierce, FL Building: (407) 465-155b · planning: (407) 468-1570 Enforcement: (407) 468-1571 · Code -4898 468-155D .... ~,~ (~07) 878 ST. LuCiE TELEPH~m~ .... 7 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 A R~$OLUT~ON DENYING A PROPOSED CltANGE ...... TO THE FUTURE LAND USE MAPS OF THE ST. LUCIE COUNTY COMPREHENSIVE PLAN ON CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA RESOLUTION NO. 91-131 D.~:: 't::-,- '~ ........... CI..':'t.: ~:f (_'ir. FILE 1%10.: PA-91-002 t:,i y ..? t'; ......... By __. ~ WHEREAS, the Board of County Commissioners of S~] ........ ~ucie County, Florida, has made the following determinations: 1. Emerald Construction, Inc., presented a petition a change in Land Use from RE (Residential Estate) to for IND (Industrial) for the property described below~ S~ction 9, Twp. 35S,'Rng 39E, the east (1/Z of the SW 1/4 of.the NE .1/4 less 658-92'. ft::of.,the~west~i75Lft~=less road~:_and canal.~r/w,~as:~Plat:!Bo0ki¥22-16 (7,33 ac) (OR 650-2:08) . Zoning : ..... and ast~'fifteen 42 43 44 45 46 47 48 49 50 51 52 53 '~ 3. ChaPter 163.3187, Florida Statutes, requires that all amendments to the adopted Comprehensive Plan be processed/reviewed as if the amendment were the original filing of theComprehensive.~ 4,, This Board~has the :ability..under Chapter 163.3187, .:"~-to,: deny transmittali~ of...alt:,~orpart..'.of, any proposed amendment hensive Plan if to~liminate the ncy. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 34-~ 35',~i 36 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 5. On March 12, 1991, this Board held a public hearing on the petition, after publishing a notice of such hearing in The Tribune (Ft. Pierce/Port St. Lucie) on March 2, 1'991, and notifying by mail all owners of property within 500 feet of the subject property. 6. The proposed change in Land Use would provide for an incompatible introduction of industrial activities within an existing agricultural/residential area, would be inconsistent with Policies 1.1.5.8 and 1.1.7.4, of the St. Lucie County Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Board Commissioners of St. Lucie County, Florida: of County The petition for a change in land use filed by Construction, Inc., is hereby denied transmittal Florida. Department of Community Affairs for review underChapter 163 FS. Emerald to the further motion:andisecondFthe vote on this resolution was Chairman:.R~LDale~Trefelner AYE . :.~ '~-~ 'Commissioner<~LJudy~CulPepper -~c0mmi~s ~ck' Krieger AYE ~-~ AYE AYE Commissioner Jim Minix AYE PASSED AND DULY ADOPTED this llth day of March, 1991. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 34 36- 38 39. 0 - 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55~ 56 57 ATTEST: BOARD OF COUNTY coMMissIONERS..<.~£ ._ ST. LUCIE COUNTY, FLORIDA ,,(ox. '-~- qOR 'y' C SS. / ,/3 COUNTY ATTO~~' // 91-131(REZ-D) '9] JUI,{ 11 ~,8:3,0 BOARD OF_ .COUNTY COMMISSIONERS ¢~. 5UCZ E COU. NTY, 750~I D~. REGULAR MI NUTES Date: March 12, 1991 Tape: 1, 2 convened: 9:10 a.m. adjourned: 11:20 a.m. Commissioners Present: Chairman, Havert L. Fenn, Judy Jack Krieger, R. Dale Trefetner, Jim Minix Culpepper, Others Present: James Chisholm, County Administrator; Danny Crew, Assistant County Administrator; Dan Kurek, Public Services Administrator; R/ok Howell, Utilities Director; Dan McIntyre, County Attorney; Terry virta, Community Development Director; Joseph Malfait, Acquisition Direcnor; Ron Brown, Public Works Director; Nancy Munshaw, Planning Administrator; don Eskesen, Sheriff's Department; A. Millie White, Deputy Clerk .Land Use Change_ . Reference was made to memorandum from Planning Administrator, addressed to the Board, dated March 4, 1991, subject: Petition of Emerald Construction Company of St. Lucie County, by Agent R.L. Fripp, for a change in Land Use for RE (Residential Estate) to IND (Industrial) Mr. Ron F~ipp from Emerald Construction was present to the Board on this request. address Mr. Wayne Shaw, area resident, was present opposition to this change in land use. to express his Mr. Buddy Wise, area resident, was opposition to this change in land use. present to express his Mr. Steve Robicheck, area resident, was present and expressed his oppos i ti on. Ms. Joyce Terisakus, area resident, was present and expressed her opposition to this change in land use. A petition with 29 signatures was submitted to the expressing opposition to this petition. also Board Petition reads as follows: March 6, 1991 Board of County Commissioners St. Lucie County 2300 Virginia Avenue Ft. Pierce, Fla. 34982 RE: Emerald Construction, Inc. File No. PA-91-002 We, the undersigned, are owners of land adjacent to, surrounding, or in near proximity to land owned by Emerald ConsTruction, Inc. on Orange Avenue Extension. We are against the amendment for Future Land Use from (RE) Residential Estate to (IND) Industrial of Land. ' Classification for this parcel The people in this area have invested considerable time and money in the building.of homes and lifestyles in. this agriculturally area. We would not like to have this area spot zoned al, because it would ruin' the atmosphere neighborhood, of the Please consider that the following taxpayers al usage of land in this area. (see gnatures ). DO NOT want attachment for It was moved by Com. Trefelner, seconded by Com. Culpepper, to deny the petition of Emerald Construction for a change in future land use classification of the St. Lucie County Comprehensive Plan from RE (Residential, Estate) to IND (Industrial); and, upon roll call, motion carried unanimously. · 'TH~P..ALM.BE;~CH POST. WEDNESDAY; MARCH I3, 1991 aid "dale be es er~ service ~ on land~ ' Lauders' ~ .' and '-South' from 11'. A G E N D A R E Q U E S D A T E March 6, 1991 REGULAR March 12, 1991 SPECIAL REQUEST PUBLIC PRESENTATION HEARING CONSENT WORK SESSION ITEM DESCRIPTION - SUBJECT: File No.- PA-91-002 COMMUNITY DEVELOPMENT - PLANNING Consider the petition of Emerald Construction, Inc., for a change in Future Land Use Classification of the St. Lucie County Comprehensive Plan from RE (Residential Estate) to IND (Industrial). , LOCATION: North side of the Orange approximately 201 feet east of Berger Street) RECOMMENDATION: Avenue Extension Staff recommends that this application not be forwarded to the Department of Community Affairs as a Comprehensive Amendment. Plan FUNDS AVAILABLE: ACCOUNT NUMBER (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PRESENTED /~-- //,~ DEPARTMENT 151000 T~r~y-~r~a -~ - Community Development BOARD OF COUNTY COMMISSION ACTION ADproved staff recommendation to deny the petition. TO: Terry Virta DATE March 12, 1991 s ~s V. Chisholm ty Administrator Please monitor the applicant to see that he conforms to the permitted uses of his property. COMMISSION REVIEW: MARCH 12, 1991 FILE NO.: PA-91-002 M E M O R A N D U M TO: FROM: DATE: SUBJECT: County commission Planning Administrator March 4, 1991 Petition of Emerald Construction Company of St. Lucie County, By Agent R. L. Fripp, for a Change in Land Use from RE (Residential Estate) to IND (Industrial). On Tuesday, March 12, 1991, you will be asked to review the application of Emerald Construction Company of St. Lucie County, By Agent R. L. Fripp, for a change in future land use designation in the Comprehensive Plan from RE (Residential Estate) to IND (Industrial). The Planning and Zoning Commission held a public hearing on this application on February 28, 1991. Mr. Fripp explained that he needed the industrial classification to be able to apply for industrial zoning, since he is recycling used oil at this location. Several neighboring property owners appeared to oppose the land use change, expressing various concerns about the appearance and maintenance of the property and about maintaining residential character for those areas presently developed as residences. The Commission voted unanimously to recommend denial of this application, meaning that the application would not be forwarded to the state as a proposed Comprehensive Plan amendment. Attached you will find unofficial minutes from the February 28 hearing and a copy of the original staff report on the matter. Staff has reviewed the appliCation and recommends that no plan amendment be forWarded to t~e Department of Community Affairs. If you have any questions, please let us know. March 4, 1991 Page 2 Application: Emerald File No.: PA-91-002 CONCURRENCE: James Chisholm County Administrator Terry L. V~ta Communit~ Development Director Daniel S. McIntyre County Attorney cc: County Attorney Emerald Construction .Co. R. L. Fripp Commission Secretary Press/Public PUBLIC HEARING - EMERALD CONSTRUCTION, INC. - FILE NO. PA-91-002 Luis Serna presented staff comments. He stated that the purpose of the requested change in the future land use designation from RE (Residential, Estate) to IND (Industrial) is to allow for the operation of a waste oil recovery service together with an existing engine repair business. He stated that Emerald Construction of St. Lucie County currently operates a equipment repair business on this 7.3 acre parcel and would like to utilize existing on-site storage tanks for waste oil recovery. He said the existing tank were construction in violation of the standards of the Land Development Code and are not permitted under the existing AG-1 zoning classification. The petitioners must seek a change in the future land that will support thenecessaryrezoning for this use. In this petition, Mr. Serna stated that staff noted that the proposed amendment is inconsistent with both the St. Lucie Land Development Code and Comprehensive Plan. He stated that the primary concern with the amendment is that the proposed waste oil recovery operation aswell as other uses which are permitted under the various zoning designations in the Industrial district are inconsistent with the character of the neighborhood which is primarily residential and agricultural support operations such as equipment repair and storage. He noted that the future land use surrounding the parcel is Residential, Estate and there are no other areas designated for future industrial development in this area. Mr. Serna stated that staff recommends that theCommission forward this petition to the Board of County CommissiOners with the recommendation of denial and that this petition not be forwarded to the Department of Community Affairs for further review. Mr. Sattler asked what the process is to determine this is environmentally unsafe. Mr. Serna replied that the petitioners propose to store waste oil for the purpose of recycling and staff felt that this would endanger the area. Mr. Carman asked if it was possible for the petitioner to obtain permits in that area for the oil recovery and storage. Mr. Serna replied that he was unaware of the exact permit requirements. Mr. Carman stated that waste oi'l storage was designated to a certain area and this parcel was not part of the designated area, therefore he would not be able to obtain permits for the waste oil storage. He asked if staff agreed t© let the petitioner continue his motor vehicle repair business. Mr. Serna replied that he was permitted to continue the engine repair service at this location. Mr. Fripp, representative of Emerald Construction, Inc., appeared before the Commission. He stated that he was proposing to keep storage tanks on the property that would contain contaminated oil from the groves and the service stations and repair facilities in the area and transfer the tanks to Ft. Lauderdale to a processing plant. He stated the tanks were being housed on a slab with a wall around it so that the oil would not spill onto the ground. He stated that there was not an engine repair facility on the property. He stated that a truck service and dealership adjoined the property on one side and a repair facility was located on the other side. ated that Emerald Construction, Inc. does primari ~al work for groves like Duda and Riverland. He stated that they repair their own trucks on the property but that they do not perform outside repair work. Mr. Carman asked if Emerald Construction, Inc. had permits for the oil tanks. Mr. Fripp replied that he had DNR permits for the tanks. He stated that he did not have permits for the slab and wall that was built to store the tanks. Mr. Carman asked what measure was taken to make sure oil did not seep into the ground. Mr. Fripp replied there was an 8 inch foundation with a wall surrounding it. Mr. Carman asked if staff had any comments in regard to the tank permits. Mr. Serna replied that the tanks were not permitted in the zoning designation. Mr. Carman asked how long Emerald Construction, Inc. had the permits from DNR. Mr. Fripp replied a long time. Mr. Carman stated that he understood that it was the County's policy to allow oil tanks to be collected in certain areas of the County and this was not one of the areas. Buddy Wise, 231 Berger Street, stated that he was opposed to the petition. He stated that refuge had been dumped and buried in the back of Emerald Construction many times. Steve Robicheck, 425 F.F.A. Road, .appeared before the Commission. He stated that his property adjoined Section A where Emerald dumped debris and was becoming a junk yard. He stated that he was opposed to the petition. James Blockman, 290 Berger Street, appeared before the Commission. He stated that Emerald buried refuge in the back of the property until the County put a stop to it. He stated that the rubbish covered the parcel and that he was opposed to the petition. Joyce Terisakus, 131Berger Street, appeared before the Commission. She stated that she owned half of lot 3 and lot 4. She stated that she moved out in the remote area because it was nice. She stated that their water supply was from wells and with this type of dumping and burying on the property she was afraid what it would do to her water. She stated that she was opposed to the petition as well as her husband and mother and father. Wayne Baka, 195 Berger Road, appeared before the Commission. He stated that he was concerned about the water contamination. He stated that he was opposed to the petition. Hope Moore, 150 Berger Road, appeared before the Commission. She stated that she owned lots 5, 6 and half of 7. She stated that she opposed Industrial zoning and was afraid of the contamination to her water. Rick Shear, 291Berger Road, appeared before the Commission. He stated that he owned lot 12. He stated that he was trying to raise a family and was opposed to the petition. Mr. Fripp stated that the previous owner was responsible for dumping and burying material. He stated that they use wood mulch around trees, which is stockpiled, but there was not any concrete stacked on the property. He stated that he was in compliance with the requirements regarding oil spills. There being no further comments in favor of or in opposition to the petition, Mrs. Enck-Wesloski closed the public portion of the meeting. After considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in Section 11.06.03, St. Lucie County Land Development Code, Mrs. Allen moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners deny the petition of Emerald Construction Company of St. Lucie County for a Change in Land Use from RE (Residential, Estate) to IND (Industrial) because of the items sited by staff, spot zoning, and environmental danger. Ms. Calabrese seconded the motion and upon roll call, the Board voted unanimously in favor of the motion. Mrs. Enck-Wesloski informed the applicant that his petition would be forwarded to the Board of County Commissioners with the recommendation of denial. .F BERGER VICINITY EMERALD S-FREET MAP: CONSTRUCTION 1'I ORANGE A~ENUE PETIT ION OF EMERALD CONSTRUCTTON ZONING .. ~. 12. 11 - . ! 1 I0 i0 . 8 ~ 8 5 5 ..... ~_ ....... ~ I 1 x ~AL ORANGE AVENUE PETITION OF EMERALD CONSTRUCTION TUESDAY AGENDA - BOARD OF COUNTY COMMISSIONERS MARCH 12, 1991 9:00 A.M. Petition of Emerald Construction, Inc. to amend the Land Plan following described property: Future Use Classification of the St. Lucie County Comprehensive from RE (Residential, Estate) to IND (Industrial) for the SEE LEGAL DESCRIPTION ATTACHED (Location: North side of the Orange approximately 201 feet east of Berger Street) 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 recordedi 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 th~ testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners February 28, 1991. Legal notice was published in the News Tribune, a newspaper of general circulation in St. Lucie County, on March 2, 1991. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /s/ Havert L. Fenn, Chairman Avenue Extension Section 09, Township 35S, Range 39E, East 1/4 of Southwest 1/4 of. Northeast 1/4 Less South 658.92 Feet of West 175 Feet less road and canal right-of-way as Plat Book 22-16 (7.33 Acre) (or 650- 208). NOTICE OF CHANGE IN LAND USE · The St.' Luc!e.:County Board o.';f County Commissioners proposes to cha.nge the.-use of land within' the area shown in the map in this .'{.. '-.: . adv&rtis'.emgnt.~ '. i"~'- . A publ'i.6]~ea~'fng on the proposal will be held before the St. "....' ~ Lucle. Co~nt'y 'Board of County Commissioners on Tuesday, March 12, 1991, at<9:00'A.M., in the County Commission Chambers, St. Luoie : ':' County ~.'.dmin~'stration Building - Annex, 2S00 Virginia Avenue, Ft. :.....:.j':...Pierce, ..'Florida. The purpose of this meeting is to consider ..~ comment~:j and recommendations of the St. Luoie County Local :" Planntn.~. 'A~e~cy and determine whether or not to transmit the · . proposed, land' use plan amendment to the Florida Department of .Community.. Affairs for further agency review in accordance with ""-~. the requ~ir6meh%s....~. .. . of Chapter- 163.3184. Florida Statutes. "' "': c0p.ies?~'f 'thee proposed amendment to the St. Lucie County '~ ':'.'".i "Comprehensive Plan are available for '/nspectton in the Office of .. Communi~ Development, Room 201, St. Lucie County Administration - n°rmalBUilding"~sine~s2S00 hours.Virginia Avenue, Ft. Pierce, Florida, during All: pro'~"'~edi.ngs before the Board of County Commissioners are ' ?":.--' electro~oali.y recorded. If a person decides to appeal any '.:' ' :': dec/sion.: made with respect to any matter considered at the beaming;: he Will need a record of the proceedings and that for "-'":i/!'!. such Pu.~.p?se, ·'.he may need to ensure that a verbatim record of the .... proc6ed~h.gs ~'s made, 'which record includes the testimony and ~ evidence: upoh~ which the aPReal is to be based. At the request of .:..- any p~r.t~'to.~the proceedings, individuals testif in durin :'- hearin" wi~ e ~ g g the . . g 1.b. sworn in. An a ,. _rante~ _._ - .... y p rty to the proceedin will be ' . - ST. LUCIE COUNTY, FLORIDA ? " Board of County. Commissioners · -- /s/ Havert L. Fenn, Chairman (INSERT MAP BENEATH THE TEXT) · -=~(The Information Below Goes Underneath the Map) · Emerald'Const~uction of St. Lucte County, Inc. ''.·From RE.~('R~s~ential, Estate) to IND (Industrial): A 7.33 Acre ..~ tract l~a-ted-on the North side of the Orange Avenue Extension approxfmatel~ 201 feet east of Berger Street. Publish:'.'~ate: March 2, 1991 18 poin~type'for heading 1/2 page block ad with map Agenda Item: File Number: MEMORANDUM PA- 91-002 To: From: Date: Subj eot: Local Planning Agency Planning Director ~ February 20, !99! Petition of Emerald Construction Company of. St. Lucie County, by Agent: Mr. ~ L. Fripp, for a Change in Land Use From RE (Residential Estate) to IND (Industrial). LOCATI ON: EXISTING ZONING: EXISTING LAND USE DE SI GNATI ON: PROPOSED LAND US~ DESI GNATI ON: PARCEL SI PROPOSED USE: SURROUNDING ZONING: SURROUNDING LAND USE DESI GNATI ON: SURROUNDING LAND USES: FI-RE/EMS PROTECTION:. WATER/SEWER sERviCE: North side of Orange Avenue, approximately 300 feet east of Berger Street. AG-1 (Agricultural - 1 du/ac) RE (Residential Estate) IND (Industrial) 7.33 acres To allow the operation of a waste oil recovery center together with an existing general industrial motor vehicle repair business. AG-! (Agricultural - ! du/ac) RE (Residential Estate) Vacant land is north of this property. Single-family homes and agricultural s~pport activities are located to the west. Agricultural support activities are located to the east and the south. Station 9!! (Shinn Road) 4 miles away. i s 'approximatet y Existing on-site well and septic ....... ..'-~ -RIGHT-OF-WAY._.. ADEQUACY:. .--. ...: ...'~ No-~ additional, right-Df-way is 'required. February 20, 1991 Page 2 Petition: File Number: Emerald PA-91-002 STANDARDS OF REVIEW In reviewing this application for proposed amendment to the Comprehensive Plan, the Local Planning Agency shall consider and make the following determinations: Whether the proposed amendment is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed amendment would sanction an operation that does not comply with the design standards of Chapter 7 of the St. Lucie County Land Development Code including but not limited to off-street parking and loading, stormwater management, and landscaping and screening standards. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed amendment is inconsistent with the Future Land Use Element of the St. Lucie County Comprehensive Plan. Standards within Policy 1.1.7.4 specify that uses which are incompatible be kept separate. Policy 1.1.5.8 limits new industrial development to those areas that are serviced with acceptable water and wastewater facilities that will not contribute to the degradation of surficial water quality, or in areas that can be provided those services concurrent with the development of the property. Whether and the extent to which the proposed amendment is inconsistent with the existing and proposed land uses in the surrounding areas; The Industrial designation would allow for activities that are to a greater extent industrial than are the agricultural service operations which currently exist in this area. The proposed IND (Industrial) Designation is not consistent with the surrounding RE (Residential Estate) Future Land Use Designation established in the Comprehensive Plan. February 20, Page 3 1991 Whether there have require an amendment; Peti ti on: File Number: been changed Emerald PA-91-002 conditions that The general land use patterns have not changed in this area since the adoptions of the St. Lucie County Comprehensive Plan on January 9, 1990. The proposed amendment will permit the operation of an activity that is currently a violation of the Land Development Code. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The petitioners have failed to demonstrate how the additional impacts would be accommodated including but not limited to transportation, -sewage facilities, water supply, drainage, and solid waste impacts. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed change in the Future Land Use would potentially create adverse impacts to the natural environment through the introduction of hazardous materials which would be permitted in the IND (Industrial) Land Use District. Whether and the extent to which the proposed amendment would result in orderly and logical development .pattern specifically identifying any negative affects of such patterns; The Land Use Designation will not result in an orderly development pattern in this area. This parcel is located adjacent to single-family residences as well as vacant land designated for future low density, single-family development. This amendment will allow the expansion of uses February 20, Page 4 1991 Petition: Emerald File Number: PA-91-002 that are incompatible with the surrounding property and should not be permitted in this area. COMMENTS The purpose of this proposed amendment to the St. Lucie County Comprehensive' Plan is to allow the petitioners to operate a waste oil recovery service together with an existing general industrial motor vehicle repair service. The Emerald Construction Company of St. Lucie County legally operates a truck repair service at this location currently, and would .like to be permitted to collect and distribute used motor oil for recycling purposes using existing on-site storage tanks. These tanks were constructed in violation of the standards of the Land Development Code and are not permitted within the existing AG-! (Agricultural - du/ac) zoning designation. In order to seek the required zoning, the petitiOners must obtain this requested change in the Future Land Use District. To date, the petitioners have not filed for a change in zoning. With this proposed amendment, the petitioners could file for a change in ~zoning that would permit uses inconsistent with the agricultural support character and nearby residences. This action could eventually create an "island" of uses that are incompatible with the existing uses as well as being inconsistent with the surrounding RE (Residential Estate) Future Land Use. Another concern is that the proposed amendment is inconsistent with the St. Lucie County Comprehensive Plan's policy for new industrial development. Policy 1.1.5.8 of the Land Use Element establishes that new industrial development shall be limited to those areas that are serviced with acceptable water and wastewater facilities that will not contribute to the degradation of surficial water quality, or in areas that can be provided those services concurrent with the development of the property. This property is located approximately four (4) miles from the nearest service provider (Ft. Pierce Utility Authority), and there are no plans for any expansion of services to this area. Clearly, this amendment would be a violation of this Comprehensive Plan policy. Should the Board of County Commissioners approve this petition for transmittal to the State Department of Community Affairs, it will then be eligible for review for technical compliance with the County Comprehensive Plan and be eligible for challenges from other governmental agencies and individuals. The County, in reviewing this petition, must be willing to defend its decision to amend the Comprehensive Plan. February 20, 1991 Page 5 Peti,tion: Emerald File Number: PA-91-002 Based on the inconsistencies and concerns with this action which were mentioned above, staff recommends that this petition be forwarded to the Board of County Commi s si chefs with a recommendation of denial. We recommend that the Board of County Commi s s ± chefs not tra ns mit this petiti on for further State review. If you have any questions on this matter, please contact this office. Attachment LNS/ctm PA91002(LNS-2) CC: County Administrator County Attorney Mr. R.L. Fripp Press/Public 'l~erald Construction of it. Lucie County, Inc. [0940 W. Orange Ave. ..~c. Pierce, FL 34945 Emeral'd Construction of SLC 658 N. W. Biscayne Dr. Pt. St. Lucie, FL 34983 $ohn & Marie Young ?. O. Box 1946 .~z. Pierce, FL 34954 OTHER PROPERTY OWNERS NOTIFIED 2,3 John & Marie Young Buddy & Betty Wise 231 Berger Rd. Ft. Pierce, FL 34945 4 Stephen Hrobuchak, Sr. Frances 'Hrobuchak 425 N. FFA Rd. Ft. Pierce, FL 34945 5,7 Rivergold, Inc. ?. O. Box 2019 Ft. Pierce, FL 34954 !0 6 Joseph & Dorothy Offner 10720 Orange Ave. Ft. Pierce, FL 34945 11,12 Elizabeth Prior Attn: Ann Corbin 11291 Orange Ave. ,,Ft. Pierce, FL 34945 8,9 Harmon Fruit Contr., Inc. P. O. Box %178 Zott0~ Yavorsky P. O. Box 1293 Ft. Pierce, FL 34954 & ~rian Holt Orange Ave. . Pierce, FL 34945 15 & R. G. Allen S/D Blk. 2, Lots 3 & 4 Joseph & Grace Smith P. O. Box 1844 Ft. Pierce, FL 34954 1,2 & (pt.) 3 Favor itc Berger St. Pierce, FL 34945 R. G. Allen S/D, Btk. 1 Lot (pt.) 3,4 Th~'~s & Joyce Terezakis 131 Berger St. Ft. Pierce, FL 34945 Lot 5 June McMillian ~10 Station..Ave. ArlingtoJ Hts. Cinci.gnati, OH 45215 6 & Patricia Baka Berger Rd. Pierce, FL 34945 Lot 7,8,9,10 Buddy & Betty Wise 231Berger St. Ft. Pierce, FL 34945 I~5 11 John Allen 5809 Orange Ave. Ft. Pierce, FL 34947 _chard H. Shearer, Sr. rlvia Shearer )1 Berger Rd. i- Pierce, FL 34949 R-- G. Allen S/D, B]k. 2 ; !-Wayne '& Joyce Shaw 100 Berger Rd. Ft. Pierce, FL 34954 Archie & Hope.Moore P. O. Box 3527 Ft. Pierce, FL 34948 )t (pt.) 7, 8,9 )se Luna, et al ~0 Berger St. ~. Pierce, FL 34945 Lot 10,11,12 I James Blackburn !290 Berger St. I Ft. Pierce, FL 34952 Canals North St. Lucie River 'Water Control District 2721S. Jenkins Rd. Ft. Pierce, FL 34981 )unty Roads Adm. Bldg. Annex. Right-of-Way 300 Virginia Ave. t~ Pierce, FL 34982 NOTICE OF. ~NGE IN LAND USE The St. Lucie County BOard of County Commissioner~ p~oposes to advertisement,change the use of land within the. '.~area shown in the map in this A public hearing on the proposal will be held before the Planning and Zoning Commission/Local Planning Agency on Thursday, 28, 1991, at 7:00 P.M., in Room 101. St. Lucle Ad~inistration Building, 2300 Virginia ~venue. Ft. February Florida. The purpose of ~his meeting is to consider thePierce County land use plan amendment and forward a recommendation to the St. .~ . propose' Lucie County Board of County COmmissioners. The Board of County Commissioners would then be requested to determine to forward the proposed amendment to the FlOrida whether or not · Department of Community Affairs for further review under the requirements of Chapter 163.3184, Florida Statutes. Copies 'of the proposed amendment to the St. Lucie County Comprehensive Plan are available for inspection in the Office of Community Development, 'Room 201, St. Lucie County Administration Building, 2300 Virginia Avenue, Ft. Pierce, Florida, during normal business hours. Ali proceedings before the Planning and Zoning Commission/Local Planning Agency are electronically recorded. If a person decides to appeal any decision made with respect to any matter considered at the hearing, he Will need a record of the proceedings and that for such purp6se, 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. At the request of any party to the proceedings, individuals testifying during the hearing will be sworn in. Any party to the proce~ding Will be granted an opportunity to cross examine any individual testifying during the hearing upon .request. ST. LUCIE COUNTY, FLORIDA Planning and Zoning Commission Local Planning Agency ~ /s/ James p. Terpening, Chairman (INSERT MAP BENEATH' THE TEXT) (The Information Below Goes Underneath the Map) Emerald Construction of St. Lucie County, Inc. PA-91-002 From RE (Residential, Estate) to IND (Industrial): A 7.33 Acre tract located on the North side of the Orange Avenue Extension approximately 201 feet east of Berger Street. Publish Date: February 7, 1991 February 19, 1991 18 point type for heading 1/2 page block ad with map R STREET n VICINITY MAP, RALD CONSTRUCTION PETITION OF EMERALD CONSTRUCT ON PET T;O,N OF D CONSTRUCTION ZO'NING ' CANAL " , ORANGE AVENUE, ,, PETITION OE EMERALD CONSTRUCTION ~ BERGER STREET ORANGE AVENUE VI CINITY MAP-' EMERALD CONSTRUCTION J~ & Wayne:Shaw 1~ ~rser Road Fort Pierce, FL 34945 February 24, 1991 j. p, Terpeuiug, Chairman Local PlanuJ. ng Agency St. Lucie County, ~lorida 2300 Virginal Avenue ~t. Pierce, P1 34982 Re: File No. PA-91~02 This is in response to your letter of February 13, 1991 concerning the petition of ~merald Construction, Inc, for amending the land use classifl" cation of their propertylocated o~ Orange Avenue F, xtention from R~ to We own lots I & 2 on the corner of, BUrger Road, just west of this property. In gdition, we,-own a ten acre plot adjoining this property to the immediate east' We operate a citrus harvesting company from this location known as Rivergold, Inc. Twen.ty-flve years .agowe chose this area to live to be near our agriculturally oriented business, It also made. itPossible for our children to have horses on premises, Also, a large-dog, which wecould not have in the city. We-have-astrong objection' to any changein zoning or land use classification and would prefe~thisneigh~°°d remain agricultural & residental- We do not wa~ Industrial zonLng or laud use in this area. Sincerely yours, JoyCe Shaw ~ Wayne Shaw February 25, 1991 Local Planning Agency I wish To Go On Record. I am objecting to the change of zoning £rom Residential Estate to Industial. The Emerald Construction Inc. has petitioned for such a change. We have resided at the North West corner o£ Orange Ave Ext. and Berger Street for seventeen years. Since they have been there it has been, Noisy, Smelly, not very heslthy to live here. I hope it will have been worth while writing this letter. Sincer~y, FILE NO.-_ PA-91-002 TUESDAY AGENDA - BOARD OF COUNTY COMMISSIONERS MARCH 12, 1991 9:00 A.M. Petition of Emerald Construction, Inc. to amend the Land Use Classification of the St. Lucie County Plan from RE (Residential, Estate) to IND (Industrial) following described property: SEE LEGAL DESCRIPTION ATTACHED Future Comprehensive for the (Location: North side of the Orange approximately 201 feet east of Berger Street) 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. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all ad3acent property owners February 28, 1991. Legal notice was published in the News Tribune, a newspaper of general circulation in St. Lucie County, on March 2, 1991. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /s/ Havert L. Fenn, Chairman Avenue Extension Section 09, Township 35S, Range 39E, East 1/4 of Southwest 1/4 of Northeast 1/4 Less South 658.92 Feet of West 175 Feet less road and canal right-of-way as Plat BoOk 22-16 (7.33 Acre) (or 650- 208 ). BOARD OF COUNTY COMMISSION£RS February 28, 1991 D V LOPM NT DIRECTOR TERRY L. VIRTA In compliance with the provisions of the Florida Statutes, you are hereby advised that Emerald Construction, Inc. has petitioned the Board of County Commissioners to amend the Future Land Use Classification of the St. Lucie County Comprehensive Plan from RE (Residential, Estate) to IND (Industrial) for the following described property: See Attached Legal Description (Location: North side of the Orange approximately 201 feet east of Berger Street) Avenue Extension The Board of County Commissioners will hold a public hearing on this petition at 9:00 A.M. on Tuesday, March 12, 1991 in St. Lucie County Commission Chambers, third floor of County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. Ail interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. 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 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, 468-1705, and referencing the File Number found below. South county residents may call toll-free 878-4898, ask for extension 1705. Sincerely, BOARD OF COUNTY COMMISSIONERS FILE NO. PA-91-002 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 County Administrator -- WELDON BE LEWIS 2300 Virginia Avenue · Fort Pierce. FL 34982-5652 Director: (407) 468-1590 · Building: (407) 468-t553 · Planning: (407) 468-1576 Zoning: (407) 468-1553 · Code Enforcement: (407) 468-1571 Section 09, Township 35S, Range 39E, East 1/4 of Southwest 1/4 of Northeast 1/4 Less South 658.92 Feet of West 175 Feet less road' and canal right-of-way as Plat Book 22-16 (7.33 Acre) (or 650- 208). Section 09, Township 35S, ~Range 39E, East 1/4 of Southwest 1/4 of Northeast 1/4 Less South 658.92 Feet of West i75 Feet less road and canal right-of-way as Plat Book 22-16~ (7.33 Acre) (or 650- 208). Agenda Item: File Number: MEMORANDUM PA- 9 ! -002 To: From: Date: Subject: Local Planning Agency Planning Director ~~.~~ February 20, 1991 Petition of Emerald Construoti on Company of St. Luoie County, by Agent: Mr. R. L. Fripp, for a Change in Land Use From RE (Residential Estate) to IND (Industrial). LOCATI ON: EXI STING ZONING: EXISTING LAND USE DESI GNATI ON: PROPOSED LAND USE DESI GNATI ON: PARCEL SI ZE: North side of Orange Avenue, approximately 300 feet east of Berger Street. AG-1 (Agricultural - 1 du/ac) RE (Residential Estate) IND (Industrial) 7.33 acres PROPOSED USE: To allow the operation of a waste oil recovery center together with an existing general industrial motor vehicle repair business. SURROUNDING ZONING: AG-1 (Agricultural - 1 du/ac) SURROUNDING LAND USE DESIGNATION: RE (Residential Estate) SURROUNDING LAND USES: Vacant land is north of this property. Singl e-family homes and agri cultural support activities are located to the west. Agricultural support activities are located to the east and the south. FI-RE/EMS PROTECTION:. Station S!! (Shinn Road) is iapproximately. ' 4 miles away. WATER/SEWER sERviCE-: Existing on-site well and septic ~'RIGHT-OF-WA¥__ ~ .... ..- .... .. ADEQUACY:-': No-:: additional', right-'of-way., is -required. February 20, 1991 Page 2 Petition: File Number: Emerald PA-91-002 STANDARDS OF REVIEW In reviewing this applicatiOn for proposed amendmen~ to the Comprehensive Plan, the Local Planning Agency shall consider and make the fOllowing determinations: Whether the proposed amendment is in conflic= with any applicable portions of the St. Luoie County Land Development Code; The proposed amendment would sanction an operation that does not comply with the design standards of Chapter 7 of the St. Lucie County Land Development Code including but not limited to off-street parking and loading, stormwater management, and landscaping and screening standards. Whether the proposed amendment is consistent with all elements of the St. Luoie County Comprehensive Plan; The proposed amendment is inconsistent with the Future Land Use Element of the St. Lucie County Comprehensive Plan. Standards within Policy 1.1.7.4 specify that uses which are incompatible be kept separate. Policy 1.1.5.8 limits new industrial development to those areas that are serviced with acceptable wa~er and wastewater facilities that will not contribute to the degradation of surficial water quality, or in areas that can be provided those services concurrent with the development of the property. e Whether and the extenn to which the proposed amendment is inconsistent with the existing and proposed land uses in the surrounding areas; The Industrial designation would allow for activities that are to a greater extent industrial than are the agricultural service operations which currently exist in this area. The proposed IND (Industrial) Designation is not consistent with the surrounding RE (Residential Estate) Future Land Use Designation established in the Comprehensive Plan. February 20, Page 3 0 1991 Petition: File Number: Emerald PA-91-002 Whether there have been changed conditions that require an amendment; The general land use patterns have not changed in this area since the adoptions of the St. Lucie County Comprehensive Plan on January 9, 1990. The proposed amendment will permit the operation of an activity that is currently a violation of the Land Development Code. Whether and the exten= to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The petitioners have failed to demonstrate how the additional impacts would be accommodated including but not limited to transportation, sewage facilities, water supply, drainage, and solid waste impacts. Whether and the extent to which the amendment would result in significant impacts on the natural environment; proposed adverse The proposed change in the Future Land Use would potentially create adverse impacts to the natural environment through the introduction of hazardous materials which would be permitted in the IND (Industrial) Land Use District. e Whether and the extent to which the proposed amendment would result in orderly and logical development pattern specifically identifying any negative affects of such patterns; The Land Use Designation will not result in an orderly development pattern in this area. This parcel is located adjacent to single-family residences as well as vacant land designated for future low density, single-family development. This amendment will allow the expansion of uses February 20, 1991 Page 4 Petition: File Number: Emerald PA-91-002 that are incompatible with the surrounding property and should not be permitted in this area. COMMENTS The purpose of this proposed amendment to the St. Lucie County Comprehensive Plan is to allow the petitioners to operate a waste oil recovery service together with an existing general industrial motor vehicle repair service. The Emerald Construction Company of St. Lucie County legally operates a truck repair service at this location currently, and would like to be permitted to collect and distribute used motor oil for recycling purposes using existing on-site storage tanks. These tanks were constructed in violation of the standards of the Land Development Code and are not permitted within the existing AG-1 (Agricultural - du/ac) zoning designation. In order to seek the required zoning, the petitioners must obtain this requested change in the Future Land Use District. TO date, the petitioners have not filed for a change in zoning. With this proposed amendment, the petitioners could file for a change in zoning that would permit uses inconsistent with the agricultural support character and nearby residences. This action could eventually create an "island" of uses that are incompatible with the existing uses as well as being inconsistent with the surrounding RE (Residential Estate) Future Land Use. Another concern is that the proposed amendment is inconsistent with the St. Lucie County Comprehensive Plan's policy for new industrial development. Policy 1.1.5.8 of the Land Use Element establishes that new industrial development shall be limited to those areas that are serviced with acceptable water and wastewater facilities that will not contribute to the degradation of surficial water quality, or in areas that can be provided those services concurrent with the development of the property. This propert~y is located approximately four (4) miles from the nearest service provider (Ft. Pierce Utility Authority), and there are no plans for any expansion of services to this area. Clearly, this amendment would be a violation of this Comprehensive Plan policy. Should the Board of County Commissioners approve this petition for transmittal to the State Department of Community Affairs, it will then be eligible for review for technical compliance with the County Comprehensive Plan and be eligible for challenges from other governmental agencies and individuals. The County, in reviewing this petition, must be willing to defend its decision to amend the Comprehensive Plan. February 2.0, 1991 Petition: Emerald Page 5 File Number: PA-91-002 Based on the inconsistencies and concerns with this action which were mentioned above, staff recommends that this petition be forwarded to the Board of County Commissioners with a recommendation of denial. We recommend that the Board of County Commissioners not transmit this petition for further State review. If you have any questions on this matter, please contact this office. Attachment LNS/ctm PA91002(LNS-2) County Administrator County Attorney Mr. R.L. Fripp Press/Public Suggested motion to approve/deny this requested change in zoning MOTI ON TO APPROVE: AFTER CONSI DERI NG THE TESTIMON¥ PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11. 06. 03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE PETITION OF EMERALD CONSTRUCTION COMPANY OP ST. LUCIE COUNTY FOR A CHANGE IN LAND USE FROM RE (RESIDENTIAL ESTATE) TO IND (INDUSTRIAL). MOTION TO DENY: AFTER CONSIDERiNG THE TESTIMONY PRESENTED DURiNG THE PUBLIC HEARiNG, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE RECOMMEND THAT THE ST. DENY THE PETITION OF COUNTY FOR A CHANGE IN THAT THE PLANNING AND ZONING COMMISSION LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EMERALD CONSTRUCTIO~ COMPANY OF ST. LUCIE LAND USE FROM RE (RESIDENTIAL ESTATE) TO IND (INDUSTRIAL) BECAUSE ... [CITE REASON WHY - PLEASE BE SPECIFIC]. ... ,~BER(~ER S-rREET !1 VICINITY ORANGE AV, ENUE MAP: EMERALD CONSTRUCT]-ON l AND ~U.G E . ........ ;,..-~.- , ,~ . · . ~ -- ,~ .... . ..... ORANGE AVENUE PETITION OF EMERALD CONST R LI CT ]~ ON Z,O.NING 8 8 ORANGE AVENUE PETITION OF EMERALD CONSTRUCTTON THURSDAY AGENDA - LOCAL PLANNING AGENCY FEBRUARY 28, 199i 7:00 P.M. Petition of Emerald Construction, Inc. to amend~the Future Land Use Cl~assification of the St. Lucie County Comprehensive Plan from RE (Residential,, Estate) to IND (Industrial) for the following described property: SEE LEGAL DESCRIPTION ATTACHED (Location: North side of the Orange Avenue Extension approximat~ly,.~ 201 feet east of Berger Street) Please note that all proceed±ngs before the Local Planning Agency ar'e electronically recorded. If a person decides to appeal any decision, made by the Local Planning Agency with respect to any matte~ considered at such meeting or hearing, .he will need a record of the proceedings, and that, for such pur- pose, ~ he ma~¥ need to ensure that a verbatim record of the pro- c~edings i~s made, which record includes the testimony and evi- dence, upon~ which the appeal is to be based. Upon the request of any par_fy ~o the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all ad3acent property owners February 13, 1991. Legal notice was published in the News Tribune, a newspaper of general circulation in St. Lucie County~ on February 7, 1991 and February 19, 1991. FILE NO. PA-91-002 Section 09, Township 35S, Range 39E, East 1/4 of Southwest 1./4 of N~rtheast 1/4 Less South 658.92 Feet of West 175 Feet less road and canal right-of-way as Plat Book 22-16 ~?.33 Acre) (or 650- 208 ). EmeraldConstruction of St. Lucie County, Inc. 10940 W. Orange Ave. Ft. Pierce, FL 34945 Emerald Construction of SLC 658 N. W. Biscayne Dr. Pt. St. Lucie, FL 34983 OTHER PROPERTY OWNERS NOTIFIED 1 John & Marie Young P. O. Box 1946 Ft. Pierce, FL 34954 2,3 John & Marie Young Buddy & Betty Wise 231 Berger Rd. Ft. Pierce, FL 34945 4 Stephen Hrobuchak, Sr. Frances ~Hrobuchak 425 N. FFA Rd. Ft. Pierce, FL 34945 5,7 Rivergold, Inc. P. O. Box 2019 Ft. Pierce, FL 34954 I0 Vera Tolsen 1155 S. Je~cins Rd. Ft. Pierce, FL .34947 Joseph & Dorothy Offner 10720 Orange Ave. Ft. Pierce, FL 34945 11,12 Elizabeth Prior Attn: Ann Corbin 11291 Orange Ave. Ft. Pierce, FL 34945 8,9 Harmon Fruit Contr., Inc. P. O. Box %178 Ft. Pierce, F~ ..34954 13 Zolt0~ Yavorsky P. O. Box 1293 Ft. Pierce, FL 34954 14 John & ~rian Holt 11122 Orange Ave. Ft. Pierce, FL 34945 15 & R. G. Allen S/D Blk. 2, Lots 3 & 4 Joseph & Grace Smith P. O. BOx 1844 Ft. Pierce, FL 34954 Lot 1,2 & (pt.) 3 .v.elyn Favorite 1! Berger St. Ft. Pierce, FL 34945 R. G. Allen S/D, Blk. 1 Lot (pt.) 3,4 Tho~s & Joyce Terezakis 131 Berger St. Ft. Pierce, FL 34945 Lot 5 June McMillian ~10Station, Ave. Arlington Hts. Cincinnati, OH 45215 Lot 6 Wayne & Patricia Ba]ca 195 Berger Rd. ~t. Pierce, FL 34945 Lot 7,8,9,10 Buddy & Betty Wise 231 Berger St. Ft. Pierce, FL 34945 Lot 11 John A!len 5809 Orange Ave. Ft. Pierce, FL 34947 ~chard H. Shearer, Sr. ~lvia Shearer !91 Berger Rd. ~. Pierce, FL 34949 R. G. Allen S/D, Blk. 2 l'Wayn'e'& Joyee Shaw ' 100 Berger Rd. Ft. Pierce, FL 34954 Archie &Hope.MOore P. O. Box 3527 Ft. Pierce, FL 34948 ~t (pt.) 7, 8,9 ~se Luna, et al ~20 Berger St. ~. Pierce, FL 34945 Lot 10,11,12 James Blackburn 290 Berger St. Ft. Pierce, FL 34952 Canals North St. Lucie'River Water .Control District 2721 S. Jenkins Rd. Ft. Pierce, FL 34981 ~ounty Roads ~LCAdm. Bldg. Annex. {oad Right-of-Way 2300 Virginia Ave. .~c. Pierce, FL 34982 Date: March 5, 1991 Tape: 1 convened: 9:20 a.m. adjourned: 10:35 a.m. Commissioners Present: Chairman, Havert L. Fenn, Jack Krieger, -Judy Culpepper, Jim Minix, R. Dale Trefelner Others Present: James Chisholm~ County Administrator; Danny Crew, As s is t ant County Admi his trator; Dan Kurek, Publtc Services "Administrator; Tom Kind. red, Assistant County Administrator; R/ck .. .H°well, ' Utilities Director; ' Dan McIntyre, County Attorney; '' .Heather Young, Asst. County Attorney; Jim Lancaster, Asst. County · -.Attorney; - Terry Virta, Community Development Director; Dennis '. Murphy, Land Development Manager; Joseph Mai fait,. Acquisition ... 'Director; Clifford Crawford, Leisure Services Director; Ronald B.rown, Public Works Director; Ron Eskesen, Sheriff, s Office; A. YHllie White, Deputy Clerk {~. .Public Hearin~ -" The Board approved the scheduling of the requested public-hearing for 'the petition of Emerald Construction Inc. of St. Lucie County, by Agent R. V. Fripp, for a change in Land Use from RE (Residential Estate) to IND (Industrial). NOTICE OF .~C~hnNGE IN LAND USE The St. Lucie County Board of County Commissioner~ p~oposes to change the use of land within the area shown in the map in this advertisement. · A public hearing on the proposal will be held before the Planning and Zoning Commission/Local Planning Agency on Thursday, February 28, 1991, at 7:00 P.M., in Room 101, St. Lucie County Administration Building, 2300 Virginia Avenue, Ft. Pierce, Florida. The purpose of %his meeting is to consider the propose.~ land use plan amendment and forward arecommendation'~ 'to the St. Lucie County Board of County Commissioners. The Board of County Commissioners would then be requested to determine whether or not to forward the proposed amendment to the Florida Department of Community Affairs for further review under the requirements of Chapter 163.3184, Florida Statutes. Copies of the proposed amendment to the St. Lucie County Comprehensive Plan are available for inspection in the Office of Community Development, Room 201, St. Lucie County Administration Building, 2300 Virginia Avenue, Ft. Pierce Florida, during normal business hours. ' Ail proceedings before the Planning and Zoning Commission/Local Planning Agency are electronically recorded. If a person decides to appeal any decision made with respect to any matter considered at the 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. At the request of ny party to the proceedings, individuals testifying during the earing will be sworn in. Any party to the proceeding will be granted an opportunity to cross examine any individual testifying during the hearing upon request. ST. LUCIE COUNTY, FLORIDA Planning and Zoning Commission Local Planning Agency /s/ James p. Terpening, Chairman (INSERT MAP BENEATH' THE TEXT) (The Information Below Goes Underneath the Map) Emerald Construction of St. Lucie County, Inc. PA-91-002 From RE (Residential, Estate) to IND (Industrial): A 7.33 Acre tract located on the North side of the Orange Avenue Extension approximately 201 feet east of Berger Street. Publish Date: February 7, 1991 February 19, 1991 18 point type for heading 1/2 page block ad with map A G lq. N D A R E Q U E S T D A T E February 27, 1991 REGULAR 3/5/91 REQUEST PRESENTATION SPECIAL PUBLIC HEARING CONSENT 3/5/91 WORK SESSION ITEM DESCRIPTION - SUBJECT: Permission to Advertis~ COMMUNITY DEVELOPMENT: PLANNING File No.: PA-91-002 Petition of Emerald Construction, Inc. of St. Lucie County, by Agent R. V. Fripp, for a change in Land Use from RE (Residential Estate) to IND (Industrial). , Location: North side of Orange Avenue, approximately 300 feet east of Berger Street RECOMMENDATION: Authorize the scheduling of the requested public hearing. FUNDS AVAILABLE: ACCOUNT NUMBER (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) eF Virta Communit7 Development BOARD OF COUNTY COMMISSION ACTION DATE 3/5/91 James V. Chisholm County Administrator Page #2 Agenda Request to Advertise February 27, 1991 DESCRIPTION AND LOCATION File No.: PA-91-002 Petition of Emerald Construction Company of St. Lucie County, by Agent R. V. Fripp, for a change in Land Use from RE (Residential, Estate) to IND (Industrial). Location: North side of Orange Avenue approximately 300 feet east of Ber§er Street. ' BOARD OF COUNTY DCVCLOPMCNT COMMISSIONCRS D I RCCTO R TERRY L. vIRTA, AICP February 13, 1991 In compliance with the provisions of the Florida Statutes, you are hereby advised that Emerald Construction, Inc. has petitioned the Local Planning Agency to amend the Future Land Use Classification of the St. Lucie County Comprehensive Plan from RE (Residential, Estate) to IND (Industrial) for the following described property: SEE LEGAL DESCRIPTION ATTACHED (Location: North side of the Orange Avenue Extension approximately 201 feet east of Berger Street) A public hearing on the petition will be held at ?:00 P.M. on Thursday, February 28, 1991, in Room 101, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida. Ail interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. 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, 468-1705 and referencing the File Number found below. South county residents may call toll-free 878-4898, then ask for extension 1705. Sincerely, LOCAL PLANNING AGENCY ST. LUCIF~ COUNTY~ FLORIDA ~Z . Terperfing, C~a~rman FILE NO. PA-91-002 HAVERT L FENN District No, 1 e JUDY CULPEPPER. District No. 2 · JACK KRIEGER. District No. 3 · R. DALE TREFELNER, District No. 4 · JIM MINIX. District No. 5 County Administrator -- JAMES V, CH SHOLM 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 PORT ST, LUCIE TELEPHONE NO. (407) 878-4898 Section 09, Township 35S, Range 39E, East 1/4 of Southwest 1/4 of Northeast 1/4 Less South 658.92 Feet of West 175 Feet less road and canal right-of-way as Plat Book 22-16 (7.33 Acre) (or 650- 208 ). .A G E N D A R E Q U E ~ DATE February 27, 1991 REGULAR 3/5/91 REQUEST PRESENTATION SPECIAL PUBLIC HEARING CONSENT 3/5/91 WORK SESSION ITEM DESCRIPTION - SUBJECT: Permission to Advertis~ COMMUNITY DEUELOPMENT: PLANNINC File No.: PA-91-O02 Petition of Emerald Construction, Inc. of St. Lucie County, by Agent R. V. Fripp, for a change in Land Use from RE (Residential Estate) to IND (Industrial). · Location: North side of Orange Avenue, approximately 300 feet east of Berger Street RECOMMENDATION: Authorize the scheduling of the requested public hearing. FUNDS AVAILABLE: ACCOUNT NUMBER (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PRESENTED Y~/~ DEPARTMENT 151000 B Ter_~ Vlrta ~ Community Development BOARD OF COUNTY COMMISSION ACTION DATE 3/5/91 Approved as recommended TO: Terry Virta J~a~es V. Chisholm nty Administrator Please proceed as approved by the Board. THURSDAY AGENDA - LOCAL PLANNING AGENCY FEBRUARY 28, 1991 7:00 P.M. Petition of Emerald Construction, Inc. to amend the Future Land Use Classification of the St. Lucie County Comprehensive Plan from RE (Residential, Estate) to IND (Industrial) for the following described property: SEE LEGAL DESCRIPTION ATTACHED (Location: North side of the Orange Avenue Extension approximately 201 feet east of Berger Street) 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. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all ad3acent property owners February 13, 1991. Legal notice was published in the News Tribune, a newspaper of general circulation in St. Lucie County, on February 7, 1991 and February 19, 1991. FILE NO. PA-91-002 NOTICE OF CHANGE IN LAND USE -. The'St.. Lucie County Board ~f County Commissioners proposes to change t.he-.use of land within~ the area shown in the map in this · .. advertisement~. A pubiiC, hear'ing on the proposal will be held before the St. Lucie CO~nt.'y 'Board of County Commissioners on Tuesday, March 12, 1991, at/9.00'A.M., in the County Commission Chamber~, 'St. Lucis county 'A~iniistration BUilding - Annex, 2300 Virginia AVenue, Ft. .Pierce,-.'Florida. The purpose of this meeting is to consider commen%~'' and recommendations of the St Lucie County Local Plannin~·:Agency and determine whether or not to transmit the proposed, land: use plan amendment to the Florida Department of Communi~ty/-Affairs for further agency review in accordance with the requiremehts of Chapter 163 3184 Florida Statutes C0p. ies ~of the proposed amendment to the St. Lucie County Comprehensive Plan are available for inspection in the Office of Community Development, Room 201, St. Lucie County Administration Building, 23100 Virginia Avenue, Ft. Pierce, Florida, during normal b~sineSs hours. Ail'. proceedings before the Board of County Commissioners are elec'%r0~.cal~'Y recorded. If a person decides to appeal any decision~ made' with respect to any matter considered at the hearing/.he will need a record of the proceedings and that for such purpose, 'ihs may need to ensure that a verbatim record of the proceed~.ngs is made, which record includes the testimony and .evidence~.upon..Which the appeal is to be based. At the request of any Par~y 'to. the proceedings, individuals testifying during the i~'.'.i.i.i..~;:i'~hearing will be sw°rn in' Any party t° the proceeding will be grante~:-an Opportunity to cross examine any individual testifying duPing-the h~aring upon request. ST. LUCIE COUNTY, FLORIDA Board of County Commissioners /s/ Havert L. Fenn, Chairman (INSERT MAP BENEATH THE TEXT) .~. (The Information Below Goes Underneath the Map) Emerald-ConstrUction of St. Lucie County, Inc. :"..··Fr°m RE.:(.ReSidential, Estate) to IND (Industrial): A 7.33 Acre tract 1.o~a{ed on the North side of the Orange Avenue Extension approXimatelY 201 feet east of Berger Street. Publish'.Date: March 2, 1991 18 poinbl, type.·for heading 1/2 page block ad with map MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Director Planning & Zoning Secretary February 5, 1991 Posting of Public Notice for Petition of: Emera_ld Construction, Inc. to amend the future land use class/f/cation of the St. Lucie Count~___ Co_~rehensive Plan from RE to IND The above Petition is scheduled hearings on the following date(s): BOARD OF ADJUSTMENT PLANNING & ZONING COMMISSION BOARD OF COUNTY COMMISSIONERS for public 2/28/91 Please implement the posting of public notice Public Works BEFORE February 13, 1991 the following location: north side of the Oran~_e Avenue Extension a_~roximate_~_~201 feet east of Ber_~er Street Dorsey_% I have not been informed of the BCC hearing_date as of y_gt - will let ypu know. ep by at NOTICE OF ChaNGE IN LAND USE The St. Lucie County Board of County Commissioners proposes to change the use of land within the area shown in the map in this<~' advertisement. A public hearing on the proposal will be held before the Planning and Zoning Commission/Local Planning Agency on Thurs 28, 1991~ at 7:00 P.M in ~ ........ day, February Admin~ ...... _ .... o, ~uw, ~u~, st. Lucie County _. ~cra~lon Dul±Glng~ 2300 Vir~ini= ~ ......... ~ ~=~u~, ~. Pierce, ~±orioa. The purpose of this meeting is to consider the propose~ land use plan amendment and forward a recommendation to the St. Lucie County Board of County Commissioners. The Board of County Commissioners would then be requested to determine whether or not to forward the proposgd amendment to the Florida Department of Community Affairs for further review under the requirements of Chapter 163.3184, Florida Statutes. Copies of the proposed amendment to the St. Lucie County Comprehensive Plan are available for inspection in the Office of Community Development, Room 201, St. Lucie County Administration Building, 2300 Virginia Avenue, Ft. Pierce Florida during normal business hours. ' · Ail proceedings before the Planning and Zoning Commission/Local Planning Agency are electronically recorded. If a person decides to appeal any decision made with respect to any matter considered at the 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. At the request of any party to the proceedings, individuals testifying during the hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross examine any individual testifying during the hearing upon request. ST. LUCIE COUNTY, FLORIDA Planning and Zoning Commission Local Planning Agency /s/ James P. Terpening, Chairman (INSERT MAP BENEATH' THE TEXT) (The Information Below Goes Underneath the Map) Emerald Construction of St. Lucie County, Inc PA-91-002 ' From RE (Residential, Estate) to IND (Industrial): A 7.33 Acre tract located on the North side of the Orange Avenue Extension approximately 201 feet east of Berger Street. Publish Date: February 7, 1991 February 19~ 1991 18 point type for heading 1/2 page block ad with map PROJECT NAME ZONING AND SITE PLAN REVIEW REVIEW AND CONTACT RECORD Notice of impending action received by Right-of-Way Section: Date _ ~-~/ Impending action based upon: Zoning application Development site plan Preliminar~ )lat Other Property I.D. Is additional-r/w required? Yes No j~ (if "no", remainder of form need not be com~d) Owner: Name: Agent: Address: Phone: ( ) - ( ) - Phone: ( ) - ( ) - Contact Record Phone Owner/Agent response: Letter Personal R/W secured by: Deed Plat Other RIGHT-OF-WAY DEDICATION ZONING AND SITE PLAN REVIEW REPORT FORM Preliminar% Review: m Is the property located along a County or Stare maintained roadwa~ ~ YES NO __ If yes: County State Is the property located along a County or State owned roadwayO. YES ~_ NO __ If YeS: County ~ State Is the roadway on which the property is located, indentified on the ~ure r/w needs plan of the SLC Comp. YES__~ NO plan? Is the abutting r/w sufficient to meet the needs of the future r/w plan? YES J" NO X 5. Are there any uniaue or otherwise limiting factors that would not permit the attainmen~ of the desired future r/w widthO 6. Is additional r/w needed to meet the community needs in this area as designated by the future r/w plan? YES NO Is this parcel elegible for impact fee credits for dedication of r/w? YES NO Is this roadway on 5 year construction schedule? YES NO ~ Road maintained by: e o is parcel: Current R/W UltimaTe R/W Dat~ received for ~evi. ew~by Right-o~c]Wa~ Section DD~tt~ s~nv~e~ed ~~~ By o Planning Division Owner/Developer Notified by Right-of-Way Seotion on cc: Planning Division Dept. of Community Development Engineeming Division Site Plan meviewem cc: 'BOARD..OF COUNTY COMMIS$1ON£RS DEVELOiPMENT . Di. RECTOR TERRY L VIRTA, AICP January 15, 1991 Mr. ~ L. Fupp Emerald Construction of St. Lucie County, Inc. 10940 West Orange Avenue Ft. Pierce, FL 34954 Subject: Request for a Plan Amendment Dear Mr. Fupp: The County Planning Division is in receipt of your December 21, 1990 request for an Amendment to the St.. Lucie County Comprehensive Plan and have determined your submission to be incomplete. I would like to emphasize that in order to adequately evaluate your request, we will need responses that go beyond one or two sentences. The application specifically requests that you provide "thorough answers that refer to specific policies and page numbers from the Comprehensive Plan whenever possible." I have enclosed proposed Policies 1.1.5.8 and 1.1.5.9 of the St. Lucie County Comprehensive Plan as well as a new application for you to complete. Please answer each question thoroughly since your answers are in part the basis of our recommendation to the Board of County Commissioners. More specifically, let me inform you of the need for a complete description of the proposed use on this property as will be required for the responses to questions ~1, ~2, and 912. Also, we wilt need more specific answers to questions ~3 and ~4. Please be advised that, you have until January 31 to address these deficiencies. After that date, your request cannot be processed through our review cycle until July of this year. HAVERT L FENN, District No. I e JUDY CULPEPPER, District No. 2 · JACK KRIEGER. District No. 3 · R. DALE TREFELNER, District No_ 4 · JIM MINIX. Distria No. ,5 County Administrator -- JAMES V. CHISHOLM 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 Director: (407) 468-1590 · Building: (407) 468-1 553 · Planning: (407) 46861576 Zoning: (407) 468-1553 · Code Enforcement: (407) 468-1571 PORT ST. LUCIE TELEPHONE NO. (407) 878-4898 "" ' "'".''--?--"*, -' ''-; '...''.',- e, ..'......~ ..... -..:........: .~ .: :.. . ...., :...? .._ : .. :: ,.: .........: ... -. ,.... :....... ;...-~.~ .' .'..~ .... ..... . ......_ .. :.~.-..;.~... -.~..-./~!i..::}r..;:-~...--..:.',:..;:X.:.;...L,{: ! ""' ':' : '"' Page. :2' :':3.-:': '-' '"'"'- '" .....:':-'..'-:"-'} ":--};"." ." ;":.~' ',"'-. }'-:':;:-.', ?-".'}'- ':.:.-:.--..':.c-..} ::.-..-.:?.-:.:,¢,:,,::,,.-....-;..._:.~/.::.: cOntact Mr.' L~S 'Soma (468-1576).of' our',-office :for.aSsistance. Very tr~y yours, Dev~ Admi his trator Attachments TLV/DJM/LNS/ctm EMERALD(LNS-2) cc: County Administrator County Attorney Planning Director (pp 1-59) intended' to be static~-'line..of .development,-..' This area may be extended or contracted only for a residential classification up to 1,500 feet from that which is indicated on Figure 1--9 without- necessitating an amendment to the Comprehensive Plan where the urban service area lies contiguous to a residential classification, the owner o± conti~uous property can ensure the provision of appropriate infrastructure anO services, ~nd ~he resulting change does not detrimentally impact the establishee character of the area. St. Lucie County shall be responsible to maintain an updated map indicating the location of the approved Planned Urban Service Boundary and once ever~ two years include as a pa~ h of its Comprehensive Plan Amendment process, ~the latest Urban Service Area Map. Any extension of the Planned Urban Service Area Boundary beyond 1,500 feet, will require a formal amendment through the Comprehensive Plan amendment process. Policy 1.1.45.48: (pp 1-59 ) In conjunction with Policy 1.1.45.5_ ~, new industrial development shall be located in those areas that are serviced with acceptable ~n-s~e water and wastewater facilities that will not contribute to the degradation of surficial water qualit-f, or in ~reas that can be provided those services concurrent with the development of the properS. Policy 1.1.45.59: (pp 1-61) The use of individual on-site septic disposal systems for industrial development activities shall be in accordance with applicable state and local regulations-_ including but not limited to Rule 10D-6, FAC., and St. Lucia Environmental Control Ordinance 89-02 ( wastewater and sewage disposal regulations. ) Policy 1.1.45.610: (pp 1-61 ) As provided for under Policy 1_1.45_1,. construction of new residential development at densities greater than two units per 8 August 28, 1990 ST. LUCIE COUNTY Date: Fee: $400 APPLICATION FOR CHANGE IN FUTURE LAND USE CLASSIFICATION NOTICE: IN COMPLIANCE WITH CHAPTER 163. 3187 FLORIDA STATUTES THIS APPLICATION CAN ONLY BE PRESENTED FOR FINAL COMMISSION REVIEW TWICE EACH CALENDAR YEAR. PLEASE CONSULT WITH THE ST. LUCIE COUNTY PLANNING DIVISION TO DETERMINE APPROPRIATE DEADLINES FOR REVIEW. Applicant' s Name: Applicant' s Address: Applicant' s Phone Number: I (We) do hereby petition the St. Lucie County Planning and Zoning Commission and the. St. Lucie County Board of County Commissioners to change the Future Land Use Classification of the following property: Legal Description: (Type. or print only in black ink) Property Tax I.D. ~ From: My (Our) reason for making this request is: To: any: .... Name Address Phone Number Please answer the following questions that are relevant to the provisions of~- the Comprehensive Plan regarding future land use classifications. Please provide thorough answers that refer to specific policies and page numbers from the Comprehensive Plan whenever possible. Is the proposed future use compatible with adjacent future land use designations? o What conditions affecting the future land use designation have changed since the adoption of the Comprehensive Plan-on January 9, 19907 Describe any changes in development patterns, utility availability, and public service capacity. Where are the nearest public or investor~owned water and sewer services? Who is the service provider? Is the site included in the five-year expansion plan of these utilities? If private facilities are proposed, describe the capacity and type of water and wastewater services to he provided. If a change to industrial land use is proposed, explain how water and wastewater systems meet proposed Policies 1. 1.5. 8. and 1.1.5.9 of the Comprehensive Plan (found in Exhibit B of Stipulated Settlement Agreement, and dated August 28, 1990.) What is the general drainage pattern in the surrounding area, and what general approach to stOrmwater management would you anticipate if the requested land use change is granted? What effects would the requested land use change have on the volume and quality of runoff? Provide a projection of the average daily volumes of solid waste that would be generated if the land use changes. What demands for recreational facilities will be crea~ed development in accordance with the land use change? Describe any available plans for recreation and open space. If you are requesting a residential classification; what recreational facilities and open spaces are available in the vicinity? ' '" ...... ' -", ' '' -'--- ' .....-. - - -'.. . _ '. ' :' ' C *' " ~' "'- - ~" :": i".","-' :i' .. ' "' '" ;" "."-.:-'-"" '~'~ ':':~ .'" -.-.¥ ". ~' ;:,'.j:::?-.v ..... ..- .. -.-. X..- ". .:': ' ' ' .:'-- ..... :' ' .-,, ,.' --' ..... .; :-'*:,-}-;;'0: ".;'.; ..... :":. : ; - - '; . . 3-:' .':-'-';'~' }-' .', - - ...... : i." : .'-:' ,-; 8. .I s the ProPertY, current'l'Y ~'~i~:~i.n "the'~''''Pl'ahned: 'or~'a~:'S~'~i.e~' ~ -'..-' ;,.,~ , Area Boundary? . - .... . .. If you answered "no" to question 7 above, will the property be used for "urban development activities" as defined in Policy 1.1.4. I (proposed Policy 1.1.5.1)? Check which urban development activities apply: residential development in excess of two units to the gross acre any non-agricultural commercial activity any non-extractive, industrial activity non-agriculturally related 10. If any item in %9 above is checked, the property must lie within the Planned Urban Service Area Boundary. If an expansion of the Boundary is needed and you propose a change to a residential category, please refer to Policy 1. 1. 5.7 and answer the following questions: Does the subject property lie contiguous residential land use classification? to a Bo Can the owners of contiguous properties between your property and the. present Urban Services Area Boundary assure that appropriate urban infrastructure and services can be provided? I-f so, please provide documentation. To what extent will the proposed expansion detrimentally impact the established character of the area? 11. If changing from an agricultural category (AG-5 and AG-2. 5) to a non-'agricultural category (all others) is proposed, please answer the following questions. How is the proposed use compatible with existing and proposed uses of adjacent properties? How will this use impact on adjacent agricultural uses? Bo HOW will remaining adjacent agricultural -uses the non-agricultural uses you propose? affect Please provide documentation of the soil type(s) and suitability for urban use found on the subject parcel, according to the St. Lucie County Soil Survey. D. Describe how the proposed land use designation is ........... ..,.. . ,- _,:;.'..~:_ . . . ~--.. ~. . ::......-.~ suitable, rec'ognizing site-specific land. characterisu-~: cs ? .... :' '' ~": '-'~'' - ............ ' - ' ........ - How does the proposed land use designation relate to other nearby development plans that are approved or now being formulated? How do you propose to buffer adjacent agricultural uses from the effects of urban development? 12. Please provide any information and drawings that you have. developed as a concept plan for the property, including type and size of project, proposed roads and roadway improvements, location and types of public facilities, conceptual drainage information, development schedule, and proposed tenants or purchasers. I (~e) 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 Future Land Use of said property. I (We) do hereby certify that I (we) own 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 described in paragraph ~1 above for which change in Future Land 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 be present at the hearing or will be represented by my (our) agent. PLNAMD. FRM (12/90) Agent Signature Applicant(s) Signature MEMORANDUM DATE: FROM: TO: SUBJ: ELLEN PET]'TTON NO. ~ ~2~_~ I-O~c~" ~ Please submit to me a written location on this petition. Also, briefly describe the reason for this reguested petition if different than described on the application. Thank You Very Much- !!! LOCATION: DESCRIPTION: Fee: 8400 Date: 1/29/91 APPLICATION FOR CHANGE IN FUTURE LAND USE CLASSIFICATION NOTICE: IN COMPLIANCE WITH CHAPTER 163. 3187 FLORIDA STATUTES THIS APPLICATION CAN ONLY BE PRESENTED FOR FINAL COMMISSION REVIEW TWICE EACH CALENDAR YEAR. PLEASE CONSULT WITH THE ST. LUCIE COUNTY PLANNING DIVISION TO DETERMINE APPROPRIATE 'DEADLINES FOR REVIEW. Applicant' s Name: Applicant' s Address: Emerald Construction of St. Lucie County,. Iqc. 10940 W. Orange Avenue Ft. Pierce, FL 34945 Applicant's Phone Number: (407) 466-1557 I (We) do hereby petition the St. Lucie County Planning and Zoning Commission and the. St. Lucie County' Board of County Commissioners to change the-Future Land Use .Classification of the following property: Legal Description: (Type. or print only in black ink) Section 09, Township.35S, Range 39E¼ of SW of NE % Less S658.92 Ft. of W 175 Ft. Less Road & Canal Right-Way as Plat Book 22-16 (7.33 Acre) (or 650-208). .-~ Property Tax I.D. #2309-131-0000-~007FrOm: My (Our) reason for making this request is: non-conforming use. AG-] TO:Lt. rnd,,~trial To correct an existiDg any: -."' " ..... : .- . .- . · .'--. --- ..... -- .... ..' ....... , ..--' .:--:' :..- Name Address Phone Number Please answer the following questions that are relevant to the provisions of the ComprehenSive Plan regarding future land use classifications. Please provide thorough answers that refer specific policies and page numbers from the Comprehensive Plan whenever possible. Is the proposed future use compatible with adjacent future land use designations? See attached sheet Page 1. ' What conditions affecting the future land use designation have changed since the adoption of the Comprehensive Plan-on- January 9, 19907 Describe any changes in development patterns, utility availability, and public service capacity. See attached sheet Page 2. Where are the nearest public or investor-owned water and sewer s'ervices? Who is the service provider? Is th~ site included in the five-year expansion plan of these utilitieS? If private facilities are proposed, describe the capacity. and type of water and wastewater services to be provided. See attached sheet Page 3. If a change to industrial land use is proposed,-explain how~ water and wastewater systems meet proposed Policies and 1.1.5.9 of the Comprehensive Plan (found in Exhibit B of Stipulated Settlement Agreement, and dated August 28, 1990.) See attached' sh~-~:"'~age 4. '- What is the general~ drainage pattern in ~he surrounding area, and what general approach to stormwater management would you anticipate if the requested land use change is granted? What effects would the requested land use chang~' have on the volume and quality of runoff? Parcel is flat and. we plan to use South Fla. WatDr Management District. None. Provide a projection of the average daily volumes of solid waste that would be generated if the land use changes, We won't be generating any solid waste materials. What demands for recreational facilities will be c'rea~e~ ~y. development in accordance with the land use change? Describe any available plans for recreation and open space. If you are requesting a residential classification; what recreational facilities and open spaces are available in the vicinity? There will be no recreational facilities Created. No, available plans for recreation and open space necessary. None. · - : .. . .. . · ... ~] ~/ '~*-~-~*, ......... , i.~'..q . - . .-..:. · -. ...~ ~ .. · ~.. . .. .. . .. . ~ . ... . . .: .. , . ..... . .....:. . .. ....... . . . . ,.... ,....~ :~.]~-,: .-- . . -...-.-..: ......-., :.... .......... '. '"' ' ' ' ' . .' ' . . -:' .'. 't '" '-'"-' '~".'"i'-' i.:'.-? " ":' ': ' ' .. ' .... " ' ': '"':'": ' ' '" """"' ....' 'I' '-""'C'Ot~,~ff!t¥ ~E~O?;~'~:'~i:~:'":' ~ '"- ::'".~"~'".': ......... .-:.. . ' .... . .: .-' .... :.. .. .... . .~%,.' .~.....,3..' '..::.' .. " rs : x'a- n'aa :".--'-' --'.--. 'Area BoUndary.? -"'."Yes" · .... . .. .. .:.. i.i:..l, .,'-......, ...-.i' ..: .:.:.::.:i-]: il.'}:-:-:.".i'ti': '.' 9. If you answered "no" to question 7 above, will the p~~ be used for "urban development activities" as ~ _~d~ in Policy 1. 1.4. ! (proposed Policy 1. 1. 5. !)? Ch~k~ich urban development activities apply: residential devetop~n excess of two units' to the grossing/ _ _ . . .. ~~gricultural commercia~ a_otivi_t[ . . any non-extractive, non-agr~ culturally related industrial activity 10. 'If any item in #9 above is checked, the property must/l~e within the Planned Urban Service Area Boundary../t~ an expansion of the Boundary is needed, and you propo~, a change to a residential category, . please r--~er to~P~li~y 1. 1..5. 7 and answer the following questions: ~ · . ' A. Does th.e subj eot propertY/~_e contiguous- to a residential land use c~cation? . B. Can the owners ~p tr ies between- your property and th~ Services Area Boundary as s ute th~~ructure, an.~ servic~ so, please provia~ do~tion. _ _ ~ . C daerteari?mentally impact the established character of the 11. If changing from an agricultural ca-t. egory (AG-5 and AG-2..5) to a non-agricultural category (all others) is proposed,. please answer the following questions. A. How is the proposed use compatible with existing and proposed uses of adjacent properties ? How will this use impact on adjacent agricultural uses? Little or no impact on adjacent property~ as this adjacent p~operties are of the sameaff dttypeePr°p°sed' B.How will remaining adjacent agricultural -uses the non-agricultural uses you propose? No affect. C. 'Please provide documentation of the soil type(s) and suitability for urban use found on the subject parcel, according to the St. Lucie County Soil Survey.. None available at this time. D. Describe how the proposed land use designation is 12. suitable, .. recognizing site-specific land chara~i~'~i~?'p'r~:~'~"h.asb~en ~S'~'-~'~-'i:t~ ~e~'e'n'~a~p'~:~.~ for at least 5'. years. ~ E. How does the proposed land use designation relate t~ ....... other nearby development plans that are apprgved or now being formulated? Nei§hb0rin§ properties and their current uses are similar in nature. F. How do you propose to buffer adjacent agricultural uses from the effects of urban development? as %he adjacent properties a§riCultural uses are for stora§e and servicin§ of the same type of equip, used in our business no buffer would bs required. Please provide any information and drawings that you have· developed as a concept plan for the property, includ/ng type and size .of project, proposed roads and roadway improvements, location and types of public· facilities, conceptual drainage information, development schedule, and proposed tenants or purchasers. X I (~e) 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 Future Land Use of said property. I (We) do hereby certify that I..(we) own in fee simple that portion of the above described property for which ~ change in Future Land Use is requested; described as The remainder of the property described in paragraph %1 above for which change in Future Land Use is requested is owned by and that I (we) certify that the above legal description submitted by me (u~') represents the property I (we) wish to have recl as si fled. I (We] understand that I (we) must be present at the hearing or will be represented by my (our) agent. PLNAMD. FRM (12/90) Agent Signature EMERALD CONSTRUCTION OF ST. LUCIE CO~TY, 10940Ft. West Pierce, Orange FL Avenue 34945 IS THE PROPOSED FUTURE USE COMPATIBLE WITH THE ADJACENT FUTURE LAND USE DESIGNATIONS? The proposed use is and has been existing as this is an action to correct a nonconforming use. Adjacent land use as mapped indicates Residential Estate. Unfortunatly the map and physical use of the properties in the area are not concurrent. Most surrounding properties are in fact used for storage, maintenance, and/or sales of Commercial truck,Vehicles, and Heavy Equipment of the same nature as my own operation. - Page 1 - EMERALD CONSTRUCTION OF ST. LUCIE COD~,-TY, INC. 10940 West Orange Avenue Ft. Pierce, FL 34945 Sl LUCIE CO., IL ............. ~ WHAT CONDITIONS AFFECTING THE FUTURE LAND USE DESIGNATION HAVE CHANGED SINCE THE ADOPTION OF THE COMPREH~ENSiVE PLAN ON JANUARY 9, 19907 DESCRIBE ANY CHANGES IN DEVELOPMENT PATTERN, UTILITY AVAILABILITY, AND PUBLIC SERVICE CAPACITY? To the best of my knowledge their have been no major changes although some small improvements such as a small addition to the shop building at Yavorsky's Trucking. PAGE 2 EMERALD CONSTRUCTION OF ST. LUCIE CObz~£y, INC. 10940 West Orange Avenue ?'~,~'~-'~-~-~ ........................... Ft. Pierce, FL 34945 , ~ ~,!~ ~ ~-~13 lq ~! ~, .~ t CO,Ni[v~i~N!TY 9EV~LOP~EJ'~ ~ WHERE ARE THE NEAREST PUBLIC OR INVESTOR-OWNED.WATER AND SEWER SERVICES? WHO IS THE SERVICE 'PROVIDER? IS THE SITE INCLUDED IN THE FIVE YEAR EXPANSION PLAN OF THESE UTILITIES? IF PRIVATE FACILITIES ARE PROPOSED, DESCRIBE THE CAPACITY AND TYPE OF WATER AND WASTEWATER SERVICES TO BE PROVIDED. The nearest water and sewer facility would be Fort Pierce Utilities. To my knowledge this site is not included in the expansion programs. The site has existing private well and septic units in palce. PAGE 3 EMERALD C-ONSTRUCTION OF ST. LUCIE COb~Ty, INC. 10940 West Orange Avenue Ft. Pierce, FL 34945 ?.:;~-~.~ ....... IF A CHANGE TO INDUSTRIAL LAND USE IS PROPOSED, EXPLAIN HOW WATER AND WASTEWATER SYSTEMS MEET PROPOSED POLICIES 1.1.5.8. AND 1.1.5.9.0F THE COMPREHENSIVE PLAN (FOUND IN EXHIBIT B OF STIPULATED SETTLEMENT AGREEMENT, AND DATED AUGUST 28, 1990). As this petition to correct an existing nonconforming use all water and wastewater facilities are in place. The site is for the storage and maintenance of Trucks and Equipment and is not intended for any manufacturing or processing plants that would generate any waste or by products. That may otherwise be found in a typical new industrial development. PAGE 4 I0 8 7 5 II Io 5 IZ?.0~ $~7.7Z' ~ (I.~,1 - c, ooo - o ,_-,,.W U i-15' ' ('l~/+_oQ, o I _o- Z.&4 A<:.~o E~'sti The East 1/2 of the East 1/2 of the Southwest 1/4 of the Northeast 1./4 of Section 9, Township 35 South, Range 39 East, LESS the South 695.92 feet of the West 175 feet, and LESS road and canal rights-of-way; all lying and being in St. Lucie County, Florida. DEC2 TImiD ' ST. LUCIE COUNTY Fee: $400 Date: 12/21/90 APPLICATION FOR CHANGE IN FUTURE LAND USE CLASSIFICATION NOTICE: IN COMPLIANCE WITH CHAPTER 163. 3'187 FLORIDA STATUTES THIS APPLICATION CAN ONLY BE PRESENTED FOR FINAL COMMISSION REVIEW TWICE EACH CALENDAR YEAR. PLEASE CONSULT WITH THE ST. LUCIE COUNTY PLANNING DIVISION TO DETERMINE APPROPRIATE DEADLINES FOR REVIEW. Applicant's Name: Applicant' s Address: Emerald Construction of St. Lucie County,Inc. 10940 W. Orange Avenue Ft. Pierce, FL .34945 Applicant's Phone Number: (407) 466-1557 I (We) do hereby petition the St. Luoie County Planning and Zoning Commission and the St. Lucie County Board of County Commissioners to change the Future Land Use Classification of the following property: Legal Description: (Type or print only in black ink) Section 09, Township 35S, Range 39E Property Tax I.D. #2309-131-0000-000~rom: Mv (Our) reason for making this request is: non-conforming use. To: To correct an existing Agent authorized by the Applicant to represent the Applicant, if any: Name Address Phone Number Please answer the following questions that are relevant to the provisions of the Comprehensive Plan regarding future land use classifications. Please provide thorough answers that refer to. specific policies and page numbers from the Comprehensive Plan whenever possible. 1. Is the proposed future use compatible with adjacent future land use designations? Yes. Steve's Welding, Yavorsky's Trucking Service are the current business adjacent to our property. 2. W~at conditions affecting the future land use designation. have changed since the adoption of the Comprehensive Plan on January 9, 19907 Describe any changes in development patterns, utility availability, and public service capacity. None. No significant changes.f~. ~-~'aT~"~ 3. Where are the nearest public or investor-owned water and sewer services? Who is the service provider? Is the site included in the five-year expansion plan of these utilities? If private facilities are proposed, describe the capacity and type of water and wastewater services to be provided. Ft. Pierce, Fla. Ft. Pierce Utilities Authority. .Well and Septic. 4. If a change to industrial land use is proposed, explain how water and wastewater systems meet proposed Policies 1. 1. 5.8 and 1.1.5. 9 of the Comprehensive Plan (found in Exhibit B of Stipulated Settlement Agreement, and dated August 28, 1990.) Well for water and Septic for-Wastewater. 5. What is the general drainage pattern in the surrounding area, and what general approach to stormwater management would you anticipate if the requested land use change is granted? What effects would the requested land use change have on the volume and quality of runoff? Parcel is flat.and we plan to use South Fla. Water Management District. None. 6. Provide a projection of the average daily volumes of solid waste that would be generated if the land use changes. We won't be generating any solid waste materials. 7. What demands for recreational facilities will be cre-at~'~y development in accordance with the land use change? Describe any available plans for recreation and op.en space. If you are requesting a residential classification, what recreational facilities and open spaces are available in the vicinity? There will be no recreational facilities created. No, available plans for recreation and open space ale necessary. None. Is the property currently within the'Planned Urban Service Area Boundary? Yes. 9. If you answered "no" to question 7 above, will the pro~ be ~sed for "urban development activities" as~f~d Policy 1. 1. 4. 1 (proposed Policy 1. 1. 5. 1)? C~hich urban development activities apply: residential deve~ in excess of two units to -- the gross ac/~ ~~a~6n-agr~cul~ral ..... commercia~ a~ctivity ~ any non-extractive, non-agriculturally related / industrial activity 10. If any item in $9 above is checked, the property mustj' within the Planned Urban Service Area Boundary. /~ an expansion of the Boundary is needed and you propo~ change to a residential'category, please r-~er t°~icy 1. 1. 5.~7 and answer the following questions: A. · Does the subject propert~-~e~'~ contiguous to a residential land~ /~.- use ~la~_s~fication? i . B. Can the owners o~,~~operties between your property a~~e~s- A~" ~n~ sa~sure -~' a~ructur~- /~ent~ati on. detrimentally impact the established character of the area? 11. If changing from an agricultural ca-tegory (AG-5 and AG-2.5) to a non-agricultural category (all others) is proposed,. please answer the following questions. A. How is the proposed use compatible with existing and proposed uses of adjacent properties? How will this use impact on adjacent agricultural uses?Little or no impact on adjacent property, as the adjacent properties are of the same type proposed. B. How will remaining adjacent agricultural uses affect the non-agricultural uses you propose?. No affect. C. Please provide documentation of the soil type.(s) and suitability for urban use found on the subject parcel, according to the St. Lucie County Soil Survey. ~ None available at this time. D. Describe how the proposed land use designation is 12. suitable, recognizing site-specific land characteristics? Property has been used in its present capacity for at least 5 years. E. How does the proposed land use designation relate to other nearby development plans that are approved or now being formulated?Nei§hboring properties and their current uses~ are similar in nature. F. How do you propose to buffer adjacent agricultural uses from the effects of urban development? As the adjacent~ properties a§ricultural uses are for stora§e and servicin§ of the same type of equip, used in our business no buffer Please provide any information and drawings that you have require developed as a concept plan for the property, including type and size of project, proposed roads and roadway improvements, location and types of public facilities, conceptual drainage information, development schedule, and proposed tenants or purchasers. 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 Future Land Use of said property. I (We) do hereby certify that I (we) own 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 described in paragraph $1 above for which change in Future Land Use is requested is owned b~ 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) mus~ be present at the hearing or will be represented by my (our) agent. Agent Signature A~pl~6ant~(~ ) ~Fgnature PLNAMD. FRM (12/90) ST. LUCIE COUNTY Fee: $400 Date: 12/21/90 APPLI CATI ON FOR CHANGE I N FUTURE LAND USE CLASSI FI CATI ON NOTICE: IN COMPLIANCE WITH CHAPTER 163. 3187 FLORIDA STATUTES ~THIS APPLICATION CAN ONLY BE PRESENTED FOR FINAL COMMISSION REVIEW TWICE EACH CALENDAR YEAR. PLEASE CONSULT WITH THE ST. LUCIE COUNTY PLANNING DIVISION TO DETERMINE APPROPRIATE DEADLINES FOR REVIEW. Applicant' s Name: Applicant' s Address: Emerald Construction of St. Lucie County, Inc. 10940 W. Orange Avenue Ft. Pierce~ FL -34945 Applicant's Phone Number: (407) 466-1557 I (We) do hereby petition the St. Lucie County Planning and Zoning Commission and the St. Lucie County Board of County Commissioners to change the Future Land Use Classification of the following property: Legal Description: (Type or print only in black.ink) Section 09, Township 35S, Range 39E Property Tax I.D. #2309-131-0000-0007From: Mv (Our) reason for making this request is: non-conformin§ use. To correct an existing Agent authorized by the Applicant to represent the Applicant, if any: Name Address Phone Number Please answerthe following questions that are relevant to the provisions of the Comprehensive Plan regarding future land.use classifications. Please provide thorough answers that refer to specific policies and page numbers from the Comprehensive Plan whenever possible. 1. Is the proposed future use compatible with adjacent future land use designations? Yes. Steve's Weldin§, Yavorsky's Truckin§ Service are the current business adjacent to our property. 2. What conditions affecting the future land use designation. have changed since the adoption of the Comprehensive Plan on January 9, 1990? Describe any changes in development patterns, utility availability, and public service capacity. None. No significant changes.f_~. ~.--~,.~ ~ 3. Where are the nearest public or investor-owned water and sewer services? Who is the service provider? Is the site included in the five-year expansion plan of these utilities? If private facilities are proposed, describe the capacity and type of water and wastewater services to be provided. Ft. Pierce, Fla. Ft. Pierce Utilities Authority. Well and Septic. 4. If a change to industrial land use is proposed, explain how water and wastewater systems meet proposed Policies 1.1.5.8 and 1. 1. 5. 9 of the Comprehensive Plan (found in Exhibit- B of Stipulated settlement Agreement, and dated August 28, 1990. ) Well for water and Septic for Wastewater. 5. What is the general drainage pattern in the~ surrounding area, and what general approach to stormwater management would you anticipate if the requested land use change is granted? What effects would the requested land use change have on the volume and quality of runoff? Parcel is flat.and we plan to use South Fla. Water Management District. None. 6. Provide a projection of the average daily -volumes of solid waste that would be generated if the land use changes. We won't be §enerating any solid waste materials. 7. What demands for recreational facilities will be creat~d'~y development in accordance with the land use change? Describe any available plans for recreation and open space. If you are requesting a residential classification; what recreational facilities and open spaces are available in the vicinity? There will be no recreational facilities created. No, available plans for recreation and open space are necessary. None. Is the property currently within the'Planned Urban Service Area Boundary? Yes. If you answered "no" to question 7 above, will.the pro~ 9. be used for "urban development activities" as~.3~rf~ned in Policy 1.1.4.1 (proposed Policy 1. 1.5. 1)~which urban development activities apply: ~ residential devel~pm~n'n~excess of two units to the gross ac3~e~ ~ ~gricultural commercial activity any non-extractive, non-agriculturally related /~ industrial activity 10o If any item in 99 above is checked, the property mu~t~~' within the Planned Urban Service Area BoundarY. expansion of the Boundary is needed and you pr~p~c~a~g~ to a residential' category, please refer to/~icy 1. 1. 5. 7 and answer the following questions: J A. ' Does the subject prope~e _ contiguous to a residential land use~~ica~ion?-~'~~ _ .... B. Can the owners ~operties between ~our property an~-~e~.Are~ Boun~a_r~_~ ~ssure ~b infras_tructure ~/~ntation. detrimentally impact the established character of the area? 11. If changing from an agricultural ca-tegory (AG-5 and AG-2. 5) to a non-agricultural category -(all others) is proposed,. please answer the following questions. A. How is the proposed use compatible with existing and proposed uses of adjacent properties? How will this use impact on adjacent agricultural uses?Little or no impact on adjacent property, as the adjacent properties are of the same type proposed. B. How will remaining adjacent agricultural uses ~ffect the non-agricultural uses you propose?. No affect. C. Please provide documentation of the soil type.(s) and. suitability for urban use found on the subject parcel, according to the St. Lucie County Soil Survey. None available at this time. D. Describe how the proposed land use designation is 12. 4 suitable, recognizing site-specific land characteristics? Property has been used in its present capacit~ for at :least 5 years. E. How does the proposed land use designation relate to other nearby development plans that are approved or now being formulated?Neighboring properties and their current uses are similar in nature. F. How do iyou propose to buffer adjacent agricultural uses from the effects of urban development? As the adjacent' proper~ie_s agricultural uses are for storage and servicing of the same type of equip, used in our business no buffer w~euld Please provide any information and drawings that you have requiz developed as a concept plan for the property, including type and size of project, proposed roads and roadway location and types of public facilities, information, development schedule, and or purchasers. 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 Future Land Use of said property. I (We) do hereby certify that I (we) own 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 described in paragraph ~1 above for which change in Future Land Use is requested is owned b~ 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 be present at the hearing or will be represented by my (our) agent. Agent Signature PLNAMD. FRM (12/90) l~erein.[ter called ttto ~ra;l~ar. to ~ ~~I~ OF ~. IL~E ~, INC. add~,.~ ~ 658 N.W. Bi~ Drive, Port St. !~cie, ~ 34983 Iwrein.fter called tiw gra,,teo ~he ~st 1/2 of ~e ~st 1/2 of ~e ~st 1/4 of ~e ~r~st 1/4 o~ ~ction 9, 'P~;h]}~ ]5 ~ug], ~: 39 ~st, ~S ~e ~u~l 695.92 f~t of ~e ~t 175 feet, ~d ~S r~d ~ ~1 right- of-way; all ly~g a~ ~inq in St. I~cie ~ty, Flori~. S[/L{/ECT to that certi~n~ mortgage in 5aver of Riverside National B~.vY of Florida given by Eddie Edenfield and Patricia Edenfield, his w±fe, in the original princi?al sum of $100,000.00 dated February 2, 1984, filed F~hruary 14, 1984, U% O.R. Book 423, Page 2596, and as modified in O.R. Book 532, Page 881, O.R. Book 536, Page 577, O.R. Book 608, Page1781, of the Public .~cords of St. Lucie County, Florida, which Grantee herein ass~es and ~x%~ressly agr~s to p~y. SUBJECT to that certain Purchase ~oney Second Mortgage of even date herewith. A. t.'. l'~ 89 u,i~o appertaining, and to ~ tho .~ntor I, oreby covenants with said .r.,,loo tirol it, e .rantar is law[ully aei=ed of said m re, simple; tirol II~e granlor has ~ood riot~l ..d lawlul aatlmrity to sell and convey said la.d; tirol the :lrantoe fiore;~y [ully wa.rants tho title to said [a.d a~td will defend tho samo against the Io~[ul clai~ o[ all persons u~ltomsoet, er; and thai said hind is [tee o[ all encumbrances, oxcepl taxes ac~ttin9 1o December 31, G~R h~y assiqns to ~t~ all right, title ~ ~t~rest ~ ~t ~ let~ ~s~t da~ July 14, 1987 ~ fil~ ~ O.R. ~k 608, Pa~e 1780, of ~ ~lic ~ords of St. I~cie ~ty, Flori~. S~ ~ re~a~o~, res~i~o~, ~ts ~d ~~ of r~; _ provide, ~, ~at ~is ref~e~ ~11 not a~ ~ re~ ~. tirst alcove wrilten. Si.,,~d, sealed and delivered in our prese,,co: ~ / / '~ ~ ~-'*~ /. COUNTY OF St. ~c~e O0~L~: ~ON t I Hf. RE~Y CF. RTIf'Y ~t ~ ~ day, bet~ me, JO~H G. b~, T~ to mc known m ~ the ~rson dc~rlbed m a~d wh~ ex,:cut~ Ibc [o~g~mg instrument a~d te a~k, 3w~dgc~ ~fore mc that ~'.: the ~lne, 'seal in the County .~ld State last al ...... l ,}.,s /~- ~(~ ~ "~ i~',- '~-'-~'r '~/~ .................... 1 ~'~' NOTICE I i-0000-000/7 EMER~ TRUCTIO~ OF SLC PORT ST LUCIE, 1528 9 35 3' 1/4-LESS · LESS 22-16 (7 SW 1/4 FT (OR DEC 808 I~OROTHY J. CONRAD ST. LUCIE COUNTY TAX COLLECTOR dAN 31 FEB 28 MAR 31 AF'R 30I 827.21 864.50 933.44 ! DUPLTCATE 1990 REAL ESTATE NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM 86 0 86  EMERAL[ OF SLC . ! CONSTRUCTION 658 NW BISCAYNE DR PORT ST LUCIE,FL 34983-1528 PLEASE PAY IN U.S. FUNDS TO DOROTHY J. CONRAD TAX COLLECTOR · P.O. BOX 308, ~. PIERCE, FL 34954~308 1,808.56 1,8~/.~.1 1, . FEB 28 MAR 311 APR 30 011990 000000000000 023091310000O007 DODO 00000186450 00000000000 0004 5 09 35S 39E 9 35 39 E 1/4 OF SW 1/4 OF NE 1/4-LESS S 658.92 FT OF W lY5 FT & LESS RD & CANAL R/W AS IN PB 22-16- (?.BB AC) (OR 650-208) Records PAID BY 3~.7.7Z ' 19 Z?. Z~. 74 ? .35 le .~¢ TOWNSHIP PANGS. :5 9 E. ' ASSESSMENT MAP - ' .ST. LUCi£ CouNTYcFLORidA,;'''' s,E~ J · ~,,~ oo~ BUI~!~)ING DEPARTMENT St. Lucie COunty Cii~o? t. Pierce ~ ~ City of Port St. Lucie St. Lucie Village REC'D White Customer Legal Description: I ACCOUNT NUMBER / )OUNT TOTAL AMT. REC'D $. Pink File Copy (Type or print only in black ink) Section 09, Township 35S, Range 39E Property Tax I.D. ~2309-131-0000-000~rom: My (Our) reason for making this request is: non-conforming use. To: To correct an--ex~sting A R. L. Fupp Emerald Construction of St. Lucie County, Inc. 10940 W. Orange Ave. Ft. Pierce, FL 34945 1 John & Marie Young P. O. Box 1946 Ft. Pierce, FL 34954 Emerald Construction of SLC 658 N. W. Biscayne Pt. St. Lucie, FL 34983 OTHER PROPERTY OWNERS NOTIFIED 2,3 John & Marie Young Buddy & Betty Wise 231 Berger Rd. Ft. Pierce, FL 34945 4 Stephen Hrobuchak, Sr. Frances Hrobuchak 425 N. FFA Rd. Ft. Pierce, FL 34945 5,7 Rivergold, Inc. P. O. Box 2019 Ft. Pierce, FL 34954 6 Joseph &DorothyOffner 10720 Orange Ave. Ft. Pierce, FL 34945 8,9 Harmon Fruit Contr., Inc. P. O. Box 1178 Ft. Pierce, FL 34954 10 Vera Tolsen 1155 S. Jenkins Rd. Ft. Pierce, FL 34947 11,12 Elizabeth Prior Attn: Ann Corbin 11291 Orange Ave. Ft. Pierce, FL 34945 13 Zolton Yavorsky P. O. Box 1293 Ft. Pierce, FL 34954 14 John & ~rian Holt 11122 Orange Ave. Ft. Pierce, FL 34945 15 & R. G. Allen S/D Blk. 2, Lots 3 & 4 Joseph & Grace Smith P. O. Box 1844 Ft. Pierce, FL 34954 Lot 1,2 & (pt.) 3 Evelyn Favorite 111 Berger St. Ft. Pierce, FL 34945 R. G. Allen S/D, Blk. 1 lot (pt.) 3,4 Thomas & Joyce Terez~cis 131 Berger St. Ft. Pierce, FL 34945 Lot 5 Jun~ ~kMillian 410 Station Ave. Arlington Hts. Cincinnati, OH 45215 Lot 6 Wayne & Patricia Baka 195 Berger Rd. Ft. Pierce, FL 34945 Lot 7,8,9,10 Buddy & Betty Wise 231 Berger St. Ft. Pierce, FL 34945 Lot 11 John Allen 5809 Orange Ave. Ft. Pierce, FL 34947 Blk. 1, Lot 12 Richard H. Shearer, Sr. Sylvia Shearer 291 Berger Rd. Ft. Pierce, FL 34949 R. G. Allen S/D, Blk. 2 Lot 1,2 Wayne & Joyce Shaw ~100 Berger Rd. Ft. Pierce, FL 34954 LOt 5,6 & (pt.) 7 Archie & Hope Moore P. O. Box 3527 Ft. Pierce, FL 34948 LOt (pt.) 7, 8,9 Jose Luna, et al 220 Berger St. Ft. Pierce, FL 34945 Lot 10,11,12 James Blackburn 290 Berger St. Ft. Pierce, FL 34952 Canals North St. Lucie River Water Control District 2721S. Jenkins Rd. Ft. Pierce, FL 34981 County Roads SLCAdm. Bldg. Annex. Road Right-of-h~y '2300 Virginia Ave. Ft. Pierce, FL 34982 A R. L~ Fupp .v.a'ler~ d 8onstructioiq of St, LUCie County~ Inc, 10940 ~,l~ Orange ave,, Ft~ Pierce, FL 34945 J~.q a Marie Youn9 P~ O~ Bo>( 1946 Ft~ Pierce, FL 34954 P"~-aPERTY OWNERS IN PETITIONED ARE> -~ A uT,,Er~ ?RO?~,~.F~ OUNLRS NOTIFIED 2,3 John & Marie Young Buddy & Betty Wise 231 Berger Rd, Ft~ Pierce, FL 34945 4 Stephen Rrobuchak~ Frances Hrobuchak 425 N, FFA Rd~ Ft, Pierce, FL 34945 R~,~ golu, !nc~ P~ O~ Box 2019 Ft_ Pier'ce, FL Josspn& P,~o~ny Offner 10720 Orange ave~ Ft ~ ~. -, ,er'ce, FL 3a945 8,9 Harmon Fruit Contr~, Inc~ P~ O. Bo>( Ft~ Pierce, FL 34954 10 Vera Tolsen l~.~:a 8. Jenkins Rd Ft~ Pier"ce~ FL 3494? 11,12 El~.~abetn Prior Attn~ Ann Corbin 11291 Orange ave~ F't~ Pierce, FL 34945 13 Zo'i ton Yavo' ~' I sxy P O~ ~o× Ft~ Pierce, FL 34954 14 John a Marian iqolt 11122 Orange Sve, Ft, Pierce, FL 34845 lo .. R g~ ,qllen S/D L~f~<, ._ Lots Joseph ~ P~ O, Box 184.4 Fi:. Pierce, FL Lot !,? a ,,pt.) 3 Evelyn Favorite 111 Berger St. Ft, Pierce, FL 34.945 R~ 8. Allen S/D, 51k~ ~ Let (p~) 3,4 Thomas a Joyce Terezakis ~.al Berger' St~ Ft.. P~erce, FL 34945 Lot 5 June McMillian 410 Station Ave~ Arlington Hts~ Cincinnasi, OH 45215 Lot 6 7,8,9,10 Buddy & Betty Wise 2~1Berger St. F~ Pierce, r~ 34945 Lot il John Al~en 5809 Orange Ave, Ft. Pierce, FL 34947 Bi!<~ Richard k!~ Shearer, Sr~ Sylvia Shearer 291 Berger Fi. Pierce, FL 34949 I,~ayne & Joyce Sha~! !00 Berger F't~ Pierce, FL Lot 5,6 & (pt.) ? Archie ~ Hope Moore P~ O~ Box 3527 Ft~ Pierce, FL 349~8 Lot (pt.) 7, 8~,~ Jose Luna, et al 220 Berger St~ Ft~ Pierce~ FL 34.94,5 Lot 10,11,12 James Blackburn 290 Berger Ft~ ~ierce, FL Canals North St. Lucie River Uater' Control Districs 272i S. Jenkins Rd~ Ft. Pierce, FL 34981. SLC adm~ Bld~ Annex~ Road Right-of-Nay 2300 Virginia Ave. Ft. Pierce, FL 34982 ST. LUCIE COUNTY Fee: $400 Date: 1~/21/90 APPLICATION FOR CHANGE IN FUTURE LAND USE CLASSIFICATION NOTI CE: I N COMPLIANCE WI TH CHAPTER 163. 3-187 FLORI DA STATUTES .THIS APPLICATION CAN ONLY -BE PRESENTED FOR FINAL COMMISSION REVIEW TWICE EACH CALENDAR YEAR. PLEASE CONSULT WITH THE ST. LUCIE COUNTY PLANNING DIVISION TO DETERMINE APPROPRIATE DEADLINES ....... FOR REVIEW. Applicant' s Name: Applicant' s Address: Applicant's Phone Number: (40?) 466-1557 I (We) do hereby petition the St. Lucie County Emerald Construction of St. Lucie County:Inc. 10940 W. 0ranEe Avenue Ft. Pierce, FL .34945 Planning and Zoning Commission and the St. Lucie County Board of County Commissioners to change the Future Land Use Classification of the following property: Legal Description: (Type or print only in black.ink) Section 09, T~wnship 35S~ RanKe 39E Property Tax I.D. #2309-131-0000-000~rom: My (Our) reason for making this request is: non-conforming use. To correct an Cx~sting Agent auth6rlze~ by the Applicant to .any: ....... ~ . Name represent the Applicant, if Address Phone Number Please answer the following questions that are relevant to the provisions of the Comprehensive Plan regarding future land .use classifications. Please provide thorough answers that refer to specific policies and page numbers from the Comprehensive Plan whenever possible. 1. Is the proposed future use compatible.with adjacent future land use designations? Yes. Steve's Welding, Yavorsky's Trucking Service are the current business adjacent to our property 2. What conditions affecting the future land use designation. have changed since the adoption of the Comprehensive Plan on January 9, 19907 Describe any changes in development patterns, utility availability, and public service capacity. None. No significant changes.'~.- ~----. --- 3. Where are the nearest public or investor-owned water and sewer services? Who is the - service provider? Is th~ site included in the five-year expansion plan of these utilities? If private facilities are proposed, describe the capacity and type of water and wastewater services to be provided. Ft. Pierce, Fla. Ft. Pierce Utilities Authority. Well and Septic. 4. If a c~nge to industrial land use is proposed, explain how water a~d wastewater systems meet propose~ Policies 1. 1'.5. 8 and 1. 1. 5. 9 of the Comprehensive Plan (found in Exhibit B of Stipul%ted Settlement Agreement, and dated August 28, 1990. ) Well fo~ water and Septic for Wastewater. 5. What is the general drainage pattern in the surrounding area, and what general approach to stormwater management would you anticipate if the requested land use change is granted? What effects would the re'quested land use change have on the volume and quality of runoff? Parcel is flat.and we plan to use South Fla. Water Management District. None. 6. Provide a projection of the average daily -volumes of solid waste that would be generated if the land use changes. We won't be generating any solid waste materials. 7. What demands for recreational facilities will be creat~d"by development in accordance with the land use change? Describe any available plans .for recreation and open space. If you are requesting a residential classification; what recreational facilities and open spaces are available in the vicinity? There will be no recreational facilities created. No, available plans for recreation and open space are necessary. None. Is the property currently within the' Planned Urban Service Area Boundary? Yes. 9. If you answered "no" to question 7 above, will the p~ used for "urban development activities" as ~lef~ned in be Poli~y 1. 1. 4. 1 (proposed Policy 1. 1. 5. 1)? ich urban ~.~ development activities apply: residential devel~in excess of two units to the gr~  -agricultural commercial activity any non-agriculturally related non-extractive, / industrial activity 10. If any item in ~9 above is checked, the property mustj within the Planned Urban Service Area Boundary. expansion of the Boundary is needed and you propo~a change to a residential- category, please re~'er to/~icy 1. 1. 5. 7 · and answer the ·following questions: ~ ...... .... A. · Does the subject prope~e _ contiguous to a residential land use ~ication? ~ . . B. Can the ·owners ~operties betw_een y~our assure ~ba~ctur_e se  ntation' - ~ . -detrimentally impact the established character of the area? 1t. If changi~ng from an agricultural ca-tegory (AG-5 and AG-2. 5) to a non-agricultural category (all others) is proposed,. please answer the following questions. A. How is the proposed use compatible with existing and proposed uses of adjacent properties? How will this use impact on adjacent agricultural uses?Little or no impact on adjacent property, as the adjacent properties are of the same type proposed. B. How will remaining adjacent agricultural uses affect the non-agricultural uses you propose? No affect. C. please provide documentation of the soil type~(s) and. suitability for urban use found on the subject parcel, according to the St. Lucie County Soil Survey. None available at this time. D. Describe how the proposed land use designation is 12. s.u~ tabl e, re c ogniz ing s i t e-s P eci fi c' i and' characteristics? Property has been used in i~ts present capaait for at least 5 .years. E. HOW does the proposed land use designation relate to other nearby development plans that are approved or now being formulated?Neighboring properties and their current uses are similar in nature. F. How do you propose to buffer adjacent agricultural uses from the effects of urban development? As the adjacent' propertie~ agricultural uses are for storage and servicing of the same type of equip, used in our business no buffer w~l Please provide any information and drawings that you'have 'requi developed as a concept plan for the property, including type and size of project, proposed roads and roadway improvements, location and types of public facilities, conceptual drainage information, development schedule, and proposed tenants or purchasers. 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 Future Land Use of said property. I (We) do hereby certify that I (we) own in fee simple that portion of the above described property ''-= ~ ~-hanc~e in Future Land Use is - The remainder of ~ paragraph ~1 above f~ Land Use is requeste, and that I (we) cert des cription submitte the property I recl as s i fi ed. I (We) understand present at the hear.' by my (our) agent. Agent Signature PLNAMD. FRM (12/90) A~P! ~ 6ant-(s ) ~'~gnature .:-~_20.05 . .'402.12 -..::510.19. - · BB. 58 .. _ 173.86' ..:/-36..51--. -.. 40. i ~165.17,~" '"':-'- '_~; 20. Z3 - .. ,~ .... .- - DEC 33 808.5~ - I~O-RfTHY J. CONRA~'- dAN 31 for :Q:,~'~' ':~}:' NON-AD See/~verse;~slde~for~lmportant informatio 84._. 8~ 1,864.50 1,933.44 D~F££C-A:rE-- -~¢6 -~-~-A~-E~-r-AtrE--- ..... '- ........................... NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS 0 0002 EMERALD CONSTRUCtiON OF SLC 658 NW BISCAYNE PORT ST LUCIE,FL 34983-1528 PLEASE PAY IN U.$ ~NDS TO DOROTHY J. CONRAD TAX COLLECTOR - ~0. BOX 308, ~. PIERC~ FL 34954~308 I' 1,808' DEC 315'-61 1'827'21J 1' 4~'85 I 1'864'50J 1'933'44'J 1. dAN 31 FEB8 5 28 MAR 31 APR 30 o~o oadoaooaoaao o83o~%3%aoo-oooo? oaoa aaaoa~so aoaooaOaaoa aaa~' 5 09 35S 39E 9 35 39 E 1/4 OF SW 1/4 OF NE 1/4-LESS S 658.92 FT OF W 175 FT & LESS RD & CANAL R/W AS IN PB 22-16- (7.33 AC) (OR 650-208) " .l ~ONI~IENT SHEET COMM]~NT SHEET MAST ST. LUCIE COUNTY PROPERTY APPRAISER TRAN-PRO FUNC ( ) REQUEST ( ) * PARCEL MASTER SCREEN * 01/09/91 12:08 IoD.(2309-t31-0000-000/7 ) PAGE (01) OF 1 TAX YEAR(C) 1991 VOID Y/N(N) EMERALD CONSTRUCTION OF SLC CTY 658 NW BISCAYNE DR D.O,R. CODE 0100 DATE SOLD 08/15/89 V PORT ST LUCIE,FL 34983-1528 CLASS. USE CODE SALE AMT 100000 SECTION 09 O.R. BOOK 0650 TOWNSHIP 35S O.R. PAGE 0208 RANGE 39E MAP ID / LEGAL/PROPERTY DESC SPECIAL DIST 0154 TAX AUTH. 02COUNTY 9 35 39 E 1/4 OF SW 1/4 OF NE SUBDIVISION NOTES 1/4-LESS S 658~92 FT OF W 175 FT LOAN LENDING INST~ & LESS RD & CANAL R/W AS IN PB VANCANT/IMPRV * LAND (MARKET) = 50130 22-16- (7.33 AC) (OR 650-208) I IMP SALE * IMPROVEMENT = 36800 QUAL/CODE * CLASS. USE = 00 QUAL SAL * ASSESSED = 86930 OLD ID NO. ~ EXEMPTION = PARENT ID NO. * TAXABLE = 86930 EXEMPTIONS ............. NOT:H: W: C: M: EXEMPT STATUS ~** THIS INFO IS BELIEVED CORRECT BUT IS SUBJECT TO CHANGE AND NOT WARRANTED (;'/~,oo-~ooo.~,;,.) ?-