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HomeMy WebLinkAboutBecht, JosephINTY DEVELOPMENT DIRECTOR TERRY L. V1RTA 1989 Esq'. as Agent ~oseph H. Noelke ~6 FL 34954 for A Becht: is to confirm that on August 3, 1989, the Board of ,sioners for St. Lucie County, Florida, granted your amend the Future Land Use Maps of the St. Lucie ,th Management Policy Plan from CG (Commercial, RL (Residential, Low Density - 5 du/ac) to RM ~1, Medium - 11 du/ac) for property located on the of Orange Avenue Extension, approximately 333 feet #29. recorded Resolution No. 89-051 is enclosed for your Si:~cerely, BO~ COUNTY COMMISSIONERS c COUNTY, FLORIDA Chairman HAVERT L. FENN. Distl~ict No. t e JUDY CULPEPPER, Distnc~ NO 2 · JACK KRIEGER. D~strict No. 3 e R. DALE TREFELNER, Distnct NO. 4 · JIM MINIX District No. 5 County Adrmnlstrator -- WELDON BE LEWIS 2300 Virginia Avenue ® ~:ort Pierce, FL 34982-5652 Director: (407) 468-I 590 · Building: (407) 468-I 553 e Planning: (407) 468-t 576 Zoning: (407) 468-1553 · Code Enforcemem: (407) 468-15'71 Sep~ OF COUNTY COUNTY ATTORNEY Daniel S. McIntyre Assistant County Attorney ~mber 26, 1989 Lrtment of Community Affairs Rhyne Building Centerview Drive ~hassee, Florida 32399 lemen: Krista A. Storey ~ther Young Re: Ordinance Nos. 89-049, 89-050, 89-051, 89-052, 89-053, 89-055, 89-056, and 89-058 Enclosed are certified copies of the above-referenced nances for filing with the Department of Community Affairs ~uant to Section H of the ordinances. Sincerely, DANIEL S. MCINTYRE COUNTY ATTORNEY Legal Secretary To: or Planning Administrator L. FENN, District No. 1 * JUDY CULPEPPER, District No. 2 KRIEGER,~ District No. 3 * R. DALE TREFELNER, District No. 4 JIM MINIX, District No. 5 0 Virginia Ave., Ft Pierce, FL 34982-5652 Phone (407) 468-1415 9954 0 ORDINANCE NO.: 89-051 -- AN ORDINANCE AMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED ON THE NORTH SIDE OFcANALORANGE~29 AVENUE EXTENSION, APPROXIMATELY 333 FEET EAST .oF (MORE pARTICULARLY DESCRIBED HEREIN), FROM CG ( COMMERCIAL GENERAL ) AND RL ( RESIDENTIAL, LOW DENSITY - 5 DU./AC) TO IL (INDUSTRIAL LIGHT) MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie Dunt~, Florida, has made the following determinations: 1. Joseph H. and Margaret J- Noelke presented a petition amend the future land use classification set forth, in the St. 5ucie County Growth Management Policy Plan from CG Commercial 3eneral), and RL (Residential, Low Density - 5 du/ac) to IL (!ndUstrialLight) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on January 26, 1989, of which due notice was published at least seven (7) days prior to said hearing and all owners of property within five hundred (500') feet were lied by mail of said hearing, has recommended that the Board the future land use classification set forth in the St. 5 county Growth Management Policy Plan from CG Commercial ), and RL (Residential, Low Density - 5 du/ac) to IL .al Light) for the property described be!ow- The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie county Zoning Atlas and to make notation of reference to the date of adoption of this ordinance. D. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this ordinance to the extent of such conflict. E. SEVERABILITT- If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person', property, or circumstances, such hOlding shall not effect its applicability to any other person, property or circumstances- F. APPLICABILIT~ OF ORDINANCE- This ordinance shall be applicable as stated in paragraph G. FILING WITH TME DEPARTME~ OF STATE-- The Clerk be and hereby is directed forthwith to send a certified, copy of this ordinance to the Bureau of Laws, APPROVE~ AS ~TO FORM AND COUNTY 89-051(Plan-am) 99S~0 '89 S£729 A8:08 / FILE2 ES-~ = BLU~ ~$-2 - ~ROWN tL = G~EEN IH = P,U[(PL~E CG = 0.7-354,0 N AV~. ~g HA PETITION OF jOSEPH AND MARGARET NOELKE BY AGENT' EDWARD BECHT, ESQ. OR A CHANGE IN FUTURE LAND USE CLASSIFICATION FROM CG TO IL RD. AND RL TO IL Date: August 3, 1989. convened: 7:17 p.m. Tape: 91, 92, and 39 adjourned: 10:44 p.m. Commissioners Present: Chairman Judy Culpepper; Vice-Chairman Havert L. Fenn; R. Dale Trefelner, Jack Krieger; Jim Minix. Others Present: Dan McIntyre, Acting County Administrator/County Attorney; Tom Kindred, Asst. County Administrator, Operations; Dennis Murphy, Land Development Manager; Abbie James, Wendy Bell, and R/chard Horner, Intern Planners; W. Linsen, Sheriff's Office, Noreen J. McMahon, Deputy Clerk. The purpose of this meeting is to hold public hearings for the following petitions for a Change in Land Use and Change in Zoning. Proof of Publication presented - July 13, 1989 and July 27, 1989. County Attorney McIntyre stated that this is the Adoption Hearing and since the new Comprehensive Plan has not been adopted at this time, the old rules still apply. 12. ~ H. AND ~ ~ (2-1022) Future Lan~ Use Reference was made to memorandum from Land Development Manager, addressed to County Administrator/County Commission, dated August 1, 1989, re: "Joseph H. and Margaret J. Noeike, to amend the Future Land Use Maps of the St. Lucie County Growth Management Plan from CG (Commercial General) and RL (Residential, Low Density - 5 du/ac) to IL (Industrial Light)." Edward W. Becht, Agent for the Petitioner, was present to request approval of this petition. (Com. Krieger returned to the meeting at this time. ) It was moved by Com. Trefelner, seconded by Com. Fenn, to adopt Ordinance No. 89-051, an Ordinance amending the St. Lucie County Growth Management Policy Plan, Ordinance No. 86-01 by changing the Land Use Designation of the property located on the north side of Orange Avenue Extension, approximately 333 feet east of Canal .~29 (more particularly described herein), from CG (Commercial General) and ~L (Residential, low density - 5 du/ac) to IL (Industrial Light) making findings; providing for making the necessary changes on the St. Lucie County Zoning Atlas; providing for conflicting provisions and severability; providing for filing with the Department of State and Department of Community Affairs and for an effective date and adoption; and, upon roll call, motion carried unanimously. COMMISSION REVIEW: AUGUST 3, 1989 ORDINANCE NO-: 89-051 FILE NO.: PA-88-019 AGENDA ITEM: M E MO RANDUM County Administrator COunty Commission and Development Manager ~gust 1, 1989 Noelke, to amend =tltlon of Joseph H. and Margaret J- me Future Land Use Maps of the St. Lucie County Growth 1anagement Plan from CG (Commercial General)-' and RL Residential, Low Density - 5 du/ac) to IL (Industrial ignt ). August 3, 1989, you will be asked to review a beha%f of Joseph H. and Margaret J- Noelke, for a and. e from.CG and RL, to IL, for property located of Orange Avenue Extension, approximately 333 #29. The purpose of this proposed_land .~u~se deve op this property' for light industrial'-~-'USeS'- staff has reviewed this petition and determined it the Land Development Policies of the St. Lucie ~wth M~nagement Policy Plan. As required under the ChaPter 163, Florida Statutes, this petition has for consistency with State planning requirements determined to be generally compliant with the of law in effect at the time of the adoption of the Policy Plan January 26, 1989, Mr. Edward Becht presented :ion a public hearing held by the St. Lucie County ency. After hearing no public comment in favor sition to this matter, the Local Planning Agency voted to ~commend approval of this petition. will find a copy of Draft Ordinance #89-051, staff comments on the mat~er, and the minutes 1989, Local Planning .Agency meeting. If you on this matter, please let us know. f recommends approval of Draft Ordinance #89-051. 1, 1989 Petition: Noelke (Plan) -8) Co. Admin. Kindred Becht s.sion Secretary lic - BOARD OF COUNTY COMMISSIONERS THURSDAY AUGUST 3, 1989 7:00 P.M. Petition of Joseph H. and Margaret J. Noelke, by Agent: Becht, Esquire, to amend the Future Land Use Classifica- of the St. Lucie County Growth Management Policy Plan from General Commercial Development) and RL (Low Density Residen- ~ Development) to IL (Light Industrial Development) for the described property: .25 FEET OF EAST 949.5 FEET OF SOUTHWEST 1/4 OF NORTHEAST 1/4 ?ION 7, TOWNSHIP 35 SOUTH, RANGE 40 EAST LESS THE SOUTH 110 FEET Lying north of Orange Avenue Extension right-of-way, .y 333 ft. east of Canal #29) Please note that all proceedings~bef°re the Board of CoUnty are electronically recorded. If a~person decides 1 any decision made by the Board of County Commissioners r~spect to any matter considered at such meeting or hearing, il need a record of the proceedings, and that, for such' ' ~- he may need to ensure that a verbatim record of the is made, which record includes the testimony and upon which the appeal is to be based. Upon the request party to the proceeding, individuals testifying during a will be sworn in. Any party to the proceeding will be an opportunity to. cross-examine any individual testifying a hearing upon request. .Prior to this public hearing, notice of the same was sent to adjacent, property owners July 7, 1989. Legal notice was l!shed mn the News Tribune, a newspaper of general circulation S%. Lucie County, on July 27, 1989. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /s/ Judy Culpepper, Chairman FILE NO. PA-88-019 DEPARTMENT OF CENTE R¥1EW DRIVE STATE OF FLORIDA COMMUNITY ~Culpepper, chairman county Commissioners .e County Avenue , Florida 34982-5652 AFFAIRS -I- A L L A H A S S E E , F ! O R I D A 3 2 3 9 9 June L2, 1989 Culpepper: uant to section 163.3184, Florida Statutes, the Iht of Community Affairs has reviewed the .ten,proposed map nts to the St. Lucie County Growth Management Policy Plan. .fy of-the proposed amendments is enclosed, as are the by review agencies. review indicated that the amendments petitioned hy ...... Grove, Heminway; Noelke, Beville, Russakis,' Maiuuci,. and... Beale and Russakis are consistent with the statutory which were in effect prior to October, 1985. the Heminway amendment, please note the enclosed sI by the Florida Department of Transportation concerning f-way acquisitions .along St. Lucie Boulevard. Regarding .rio'Grove amendment, the soils do not appear suitable for systems. Therefore, prior to issuing a building permit or ~nt Order approval, a soil survey'should be conducted to ~t adequate facilities are available, consistent with 24 (page 29), "All residential areas should be provided uate levels of public services and facilities." amendment petitioned by Pugliese is inconsistent with 4 (page 28) which states that, "continuous linear ~nt along major routes should be restricted." Please comments by the Florida Department of Transportation right-of-way acquisition, and the potential traffic on Midway Road and U.S. 1, both of which are currently at a level of service "F." MA-NAGEMENT e- HOUSING AND COMMUNITY DEVELOPMENT $ RESOURCE PLANNING AND MANAGEMENT The amendment petitioned by Interstate citrus Partners to 141 acres to Interchange is premature. Currently, no interchange, and the extension of St. Lucie Boulevard )5 is a long-range project which has not been budgeted. amendment petitioned by Raven Parc is inconsistent with 46 and 47 (page 32). Policy 46 states that, "industrial should be served by roads of sufficient capacity." note the comments by the Florida Department of Transporta- arding the tential traffic impacts of the proposed ~nt. Policy states that "New industrial development · industrial take place, iwhenever practicable, in planned .Additionally, industrial development is not compatible acent land:uses- completion of the adoption process, ~he Department ts a copy of the amended plan and adoption ordinance, to section 163.3187(3), Florida Statutes. If you have tions, please contact Carmen Bishop at (904) 487-4545. //~DiVisign of ResoUrce' P-'!anni:g': and Management 'cb )sures !Terry Virta, Development Director, St. Lucie County ~ Daniel Mc!n~yre, County Attorney, St. Lucie County Daniel Cary, Treasure Coast Regional Planning Council SUMMARY St. Lucie County Comprehensive Plan Amendmen%s 1) INDRIO GROVE'LI-MITED PARTNERSHIP ignation: Semi-Urban gnation: Low Density Residential 39.39 Use: Three dwelling units per acre residential CORPORATION Designation: ~Light Industrial Designation: Commercial General 13.56 Use: Retail commercial PARTNER~ LTD. Designation: Semi-Urban iDesignatiOn: Interchange 141 ~d Use: Mixed-use commerce park JOSEPH H. & MARGARET J- NOELK~ DesignatiOn: Commercial General, Low Density Residential Designation: Light Industrial 4.42 eld Use: Industrial HOWARD BEVILLE, JR- Designation: Agricultural Designation: Light Industrial 13.63 ~ed Use: Maintenance and sale of farm equipment JOSEPH E. BEALE, JR.,. & JIM RUSSAKIS .rig Designation: Agricultural ~d Designation: Light Industrial 4O ~d Use: Industrial subdivision for agricultural support JIM RUSSAKIS Designation: Semi-Urban Designation: Heavy Industrial 40 Use: Industrial lots 8) V. PUGLiESE, III Designation: Low Density Residential Designation: Commercial General ,.94 Use: Commercial 9 ) ~ENRY MAIUCCI Designation: Low Density Residential ~d Designation: Medium Density Residential 21.10 ~d Use: Multi-family (condominium) development 10~) 'RAVEN PARC., INC. Designation: Low Density Residential De~signation: Light Industrial 9.34 Use: Industrial February 14, 1989 ~1, ~2 and ~3 convened: 9:15 a.m. adjourned: 3:54 p.m. ~ioners Present: Chairman Judy Culpepper; ~t L. -Fenn; R. Dale Trefelner; Jim Minix. nt due to illness. ) Vice-Chairman (Com. Krieger present: Weldon Lewis, County Administrator; Dan Kurek, County Administrator, Budget; Tom Kindred, Asst. County Operations; Dan Mclntyre, County Attorney; Terry Community Development Director; Dennis Murphy, Land ~!opment Manager; Jeff Ketteler, County Engineer; Hazel .~man and Lauran. Hazellief, Sheriff' s Office; Noreen J. Lhon, Deputy 'Cterk. H. ~ ~ ~ (2-2980) --. .... ....... ~.end the Future Land Use Maps of the .St. L.ucie County Growth g~ment Policy Plan from CG (Commercial, General.) and RL (Low y Residential) to IL (Industrial, Light) for property on the north side o2 Orange Avenue approximately- 1/2 west of Hartman Road. Staff recommended that this Board to the Florida Department of Community Affairs this %ion requesting a change in a Land Use from CG and RL to IL, ng all the comments that were presented at the LPA hearing 26, 1989. ,~rd Becht, representing Mr. & Mrs. Noetke, appeared requesting ~ {his petition be transmitted and stated for the record that ining neighbors, Mr. Ribakoff, Mr. Stamm, and Mr. Omer Noelke .ed letters in favor of the rezoning and the Land Use and at the Local Planning Agency, the owner of Tracks 1l, 13, 14, and 15, spoke in favor of the Land Use Amendment. 'as moved by Com. Minix, seconded by Com. Trefetner, that this tion be transmitted to the Florida DePartment of Community irs for comments; and, upon roll. call, motion carried ty. Lewis requested clarification of staff memo error which t%ed the RL designation. Staff stated that this was properly 'iertised a-s CG and RL to IL. Chairman Culpepper and Com. Minix ~lt~d they understood it was CG and RL to IL designation. COMMISSION REVIEW: FEBRUARY 14, 1989 AGENDA ITEM: FILE NO.: PA-88-019 MEMORANDUM TO: County Administrator County Commission FROM: Land Development Manager February 9, 1989 Petition of Joesph and Margaret Noelke, by Agent: Edward Becht, to. Amend-the Futu. re-Land Use-Maps of the St. Lucie County Growth Management-Policy Plan from CG (Commercial, General) and RL (Low Density Residential) to IL (Industrial, Light) On Tuesday, February 14, 1989, you will be asked to review a on behalf of the Joesph and Margaret Noelke, for a in land USe from CG and RL to IL.for property located on north -side of Orange Avenue approximately .1/2 mile west of Road. This petition was presented to the St. Lucie County Local Lanning Agency on January 26, 1989. At that hearing._.the' 5oCat ,lanning Agency voted unanimously to recommend.that-.thee. BOard .~of.~ ~ounty Commissioners consider approval of this petition, and that .t be forwarded to the Florida Department of Community Affairs the required agency review in accordance with Chapter 163, Statutes. At this time, staff would offer a preliminary recommendation approval. However, County staff would reserve the right to nd this recommendation pending .completion and review of the sequired agency comments. Attached for your review is a copy of our original staff ~eport and the-minutes of the January 26, 1989, Local Planning kgency/Planning and Zoning Commission meeting. If you have any questions on this matter, please contact this office. OJM/DBS/la Attachment NOELKE2(S4) cc: County Attorney Edward Becht Agenda Item: File Number- #4 PA-88-019 MEMORANDUM TO: FROM: DATE: SUBJECT: Local Planning Agency Planning Administrator Januar~ 18, 1989 Petition Of Joseph and Margaret Noelke, by Agent Edward Becht to Amend the Future Land Use Maps of the St. Lucie Count~Growth Management Policy:Plan .from CG (Commercial, General) and RL (Low Densi~ Residential to IL (Industrial, Light) LOCATION: EXISTING'ZONING: PROPOSED GMPP: EXISTING GMPP: On the north-side of Orange Avenue approximately 1/2 mile west of Hartman Road. RS-4 (Residential Single Family du/ac) " - IL (Industrial, Light) RL (Low Density Residential) and CG (Conunerc±al, General) PARCEL SIZE: pROPOSEDUSE: S RO mING ZONING: SURROUNDING LAND USE: 4.42 acres To develop for industrial uses. RS-2, RS-4, CG, IL and IH There are a variety of Industrial Uses along Orange Avenue- There are some single family homes located to the north and south of Orange Avenue. FIRE/EMS PROTECTION: Ft. Pierce Central Fire Station is located approximately 2.5 miles away WATER/SEWER SERVICE: On site facilities to be provided. January 18, 1989 Page 2 Petition: File No.: Noelke, J & M PA-88-019 STANDARDS FOR R~VIEW: In reviewing this application for proposed amendment to the GroWth Management Policy Plan, the Local Planning Agency shall consider and make the following determinations: Whether the proposed amendment is consistent with all elements of the St. Lucie Growth Management Policy Plan; The.proposed 8mendment is consistent with Board of County Commissioners Industrial Development Policies of the St. Lucie County Growth Management Policy-Plan- Specific Policies in support-of this amendment are #46, #47, and #48. '2. Whether and the extent to which-the proposed amendment is consistent with existing and.proposed land uses in this ~rea; The proposed amendment is consistent'with''~'~the existing and proposed land uses in this area. As well as the proposed land use of the comprehensive' 3. Whether there have been changed conditions that' r. equire an~amendment; The adjacent property to the west has been developed for industrial purposes- 4. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or the extent to which'the proposed amendment would exceed the capacit~ of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools and emergency medical facilities~ The proposed amendment i's not anticipated to create an excessive demand on development on public facilities in this area. Jan,~ary 18, 1989 page 3 Petition: File No.: Noelke, g & M PA 88-019 Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern, specifically identifying any negative effects on such pattern; The proposed amendment is consistent with the existing and proposed land uses in this area and represents an orderly and logical development pattern. COMMENTS~. The petitioner, Joseph and Margaret Noelke, are proposing a change in land use from CG & RL to IL for property located on Orange Avenue, approximately 500 feet east of the .Orange Avenue - I -95 Interchange- County. staff has reviewed this proposed amendment and found it nOt to be within any area of Critical State Concern, found it not-to qualify as a small area or .emergency plan amendment under Chapter 16S.3187, Florida StatUtes and is not proposed for adoption under a Joint Planning Agreement pursuant Chapter I63.~171 Florida Statutes. --- Country staff has determined this petition to be consistent.' with the-industrial locational-development policies of the Growth Management Policy Plan. Under the requirements of Rule 9J-11, Florida Administrative Code, "the State of Florida now requires a recommendation from this Agency as well as staff, prior to the Board of County CommissiOners consideration on whether to transmit this petition for further agency review. At this time, staff would recommend that the Local Planning Agency support the transmittal of this petition to the State of Florida for further agency review and comment- Consistent with previous action in this area, 'the preliminary staff recommendation is for approval of this petition. Final staff recommendation will be withheld pending receipt and review of these agency comments- DJM/DS/la Attachment NOELKEi(SS) cc: County Attorney Edward Becht ORDINANCE NO.: 89-051 AN ORDINANCEAMENDING THE ST. LUCIE COUNTY GROWTH MANAGEMENT POLICY PLAN, ORDINANCE NO. 86-01 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED ON THE NORTH SIDE OF ORANGE AVENUE EXTENSION, APPPROXIMATELY 333 FEET EAST OF CANAL #29 (MORE PARTICULARLY DESCRIBED HEREIN), FROM CG (COMMERCIAL GENERAL) AND RL (RESIDENTIAL, LOW DENSITY - 5 DU./AC) TO IL (INDUSTRIAL LIGHT) MAKING FINDINGS; PROVIDING FOR MAKING THE NECESSARY CHANGES ON THE ST. LUCIE COUNTY ZONING ATLAS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS AND FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie county, Florida, has made the following determinations: 1. Joseph H. and Margaret J. Noelke presented a petition to amend the future land use classification set forth in the St. LUcie ~County Growth Management Policy Plan from CG Commercial General), and RL (Residential, Low Density - 5 du/ac) to.IL (Industrla Light) for the property described below. 2. The St. Lucie County Local Planning Agency, after holding a public hearing on January 26, 1989, of which, due notice was published at least seven.~ (7) days prior to said hearing and within five hundred (500') feet were hearing, has recommended that the Board amend the future land use classification, set forth in the St. Lucie CoUnty Growth Management Policy Plan from CG Commercial (Residential, Low Density - 5 du/ac) to IL for the property described below. 3. The Board held a public hearing on August 3, 1989, after publishing notice of such hearing in the Ft. Pierce News Tribune on July 27, 1989. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION- The future land use classification set forth in the St. Lucre County Growth Management Policy Plan for that property described a~follows: WEST 158.25 FEET OF EAST 949.5 FEET OF SOUTHWEST 1/4 OF NORTHEAST I/4 OF SECTION 7, TOWNSHIP 35 SOUTH, RANGE 40 EAST LESS THE SOUTH I10 FEET THEREOF. owned by Joseph H. and Margaret J. ~elke~ a~ %%%~am~i~s~er~ Cha~ged from CG Commercial General), an~ ~ ~u~u~ , ~en~ity - 5 du/ac) to IL (Industrial Light) for the property described below. B. FINDING OF CONSISTENC~f- This Board specifically determines that the approved change in the future land use plan is consistent with the poli~ies and ob3ectives contained in the St. Lucie County Growth Management Policy Plan. C. CHANGES TO ZONING ATLAS. The St.. Lucie County Community Development Director is hereby authorized and directed to cause the changes to be made in the St. Lucie County Zoning Atlas and to make notation of reference to the date of adoption of this ordinance. D. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of S~. Lucie County, County Ordinances and Count~ Resolutions, or'parts thereof, in conflict with this 0r~inance are hereby superseded by this ordinance to the extent of such conflict. E. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remainin~ portions of this ordinance. 'if this ordinance or any provision thereof shall be held to be inapplicable to ~ny person, property, or circumstances, such ~olding shall not effect its applicability to an~ other person, property or circumstances. F. APPLICABILITY ~OF ORDINANCE- This ordinance shall be applicable as stated in Paragraph G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, The Rhyne Building, 2740 Centerview Drive, Tatlahassee, Florida, 32399. I. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. J. ADOPTION. After motion and. second, as follows: the vote on this ordinance was Chairman Judy Culpepper XXX Vice-Chairman Havert Fenn XXX Commissioner R. Dale Trefelner XXX Commissioner Jack Krieger XXX Commissioner Jim Minix XXX PASSED AND DULY ADOPTED this 3 day of August, 1989. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ~ ~o~ S~% ~o~i~ palm BeaCh MAST REQUEST ( I .D. ( 2407-131-0002-000/2 RIBAKOFF, SIDNEY 6355 BRANDON ST PALM BEACH GDNS, FL 33418-0000 ST. LUCIE COUNTY PROPERTY APPRAISER ) * PARCEL 5IASTER SCREEN LEGAL/PROPERTY DESC 7 35 40 W 158 1/4 FT OF E 1107 3/4 FT OF SW 1/4 OF NE 1/4-LESS S 110 FT- SUBJ TO PERM DR ESMT AS IN CA 82-131.05 (4.42 AC) (OR 538-2184) TRAN-PROFUNC ( ) 08/04/89 14:46 ) PAGE (01) OF i TAX YEAR(C) 1989 VOID Y/N(N) D.O.R. CODE 6600 DATE SOLD 04/01/87 CLASS. USE CODE 1 SALE AMT 120000 SECTION 07 O.R. BOOK 0538 TOWNSHIP 35S O.R. PAGE 2184 RANGE 40E MAP ID / SPECIAL DIST 0154 TAX AUTH. 02COUNTY SUBDIVISION NOTES LOAN LENDING INST. * LAND (MARKET) = 79810 * IMPROVEMENT = * CLASS. USE = 17950 * ASSESSED = 17950 * EXEMPTION = * TAXABLE = 17950 OLD ID NO. PARENT ID NO. ......... EXqSMPTIONS NOT:H: W: C:R M: EXEMPT STATUS *** THIS INFO IS BELIEVED CORRECT BUT IS SUBJECT TO CHANGE ANDNOTWARRA~ED *** TO I Frmtj I Page I WraPl Edward Becht, Esq. P. O. Box 2746 Ft. Pierce, FL 34954 Jean M. Davis (Tr) 2800 Biscayne Blv., #310 Miami, FL 33137 131 PETITI~ Jose~ H. Noelke Margaret J. Noelke 1300 Hartman Road Ft. Pierce, FL 34947 OTHE~ PROPmTfY ~ NOTIFIm9 2, 8 John H. Stature, Jr. P. O. Box 514 Ft. Pierce, FL 34954 3 Kenneth & Barbara Foster P. O. Box 895 Brandon, FL 34299 4 William T. Ca~ll 4914 Orange Ave. Ft. Pierce, FL 34947 5 Cecil J. Campbell 4910 Orange Ave. Ft. Pierce, FL 34947 6 A. P. Hoeffner SonS, Inc. ! 1924 Wren Ave. Ft. Pie~e, FL 34982 Esther N. Turner (Tr) 1025 Grarm~iewBlv. Ft. Pierce, FL 34982 12 Omer J. Noelke 4753 Orange Ave. Ft. Pierce, FL 34947 9 Sidney Ribakoff (Tr) 2715SunriseBlv. Ft. Pierce, FL 34982 Canals N. S. L. R. W. M. D. 2721~ So. Jenkins Road Ft. Pierce, FL 34981 10, 11, 13, 14, 15 Ist American Bank P. O. Box 3146, W. Palm Beach, FL State Roads State of Fla. Roar Road Right -of-Way 780 S. W. 24 St. Ft. Lauderdale, F~ ~ Trust #010375 33402 Dept o 33315 BOARD OF COUNTY COMMISSION£RS DEVELOPMENT DIRECTOR TERRY L. ~RTA July 7, 1989 In compliance with the provisions of the Florida Statutes, you are hereby advised that Joseph H. and Margaret J. Noelke, by Agent: Edward Becht, Esquire, have petitioned the Board of County Commissioners to amend the Future Land Use Classification of the St. Lucie County Growth Management Policy Plan from CG (General Commercial Development) and RL (Low Density Residential Develop- ment) to IL (Light Industrial Development) for the fOllowing described property: WEST 158.25 FEET OF ~AST 949.5 FEET OF SOUTHWEST 1/4 OF NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 35 SOUTH, RANGE 40 EAST LESS THE SOUTH 110 FEET T}~ER~EOF~. --'~ (Location: Lying north of Orange Avenue Extension right-of-way, approximately 333 ft. east of Canal #29) -- held at 7:00 P.M. on A public hearing on / /3! lounty Commission Chambers, Thursday, August 3, ~/~r~ ,~ lding Annex, 2300 Virginiathird floor Avenue, of Count For '~~ ~ All ~ntereSted persons will be given an opp ~/~-~ _ ~V~~ at that time. coun Commissioners of St. ~ ~3 ~da, are electronically recorded. If a perst any decision made by the Board of County Comm~o~ers-W~resP~ct to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying during a hearing upon request. If you no longer own property adjacent to the abOve-described parcel, please forward this notice to the new owner. If you should have any questions, additionaI information may be obtained by calling Area Code 407, 468-1553. Sincerely, BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Judy Culpepper, Cha~rma FILE NO. PA-88-019 HAVERT k. FENN, District No. I · JUDY CULPEPPER, District No. 2 · JACK KRIEGER, District No. 3 · R. DALE TREFELNER, District No. 4 · JIM MINIX. District No. 5 County Administrator -- WELDON BE LEWIS 2300 Virginia Avenue ® Fort Pierce, FL 34982-5652 Director: (407) 468-1590 · Building: (407) 468-1553 · Planning: (407) 468-1576 Zoning: (407) 468-1553 · Code Enforcement: (407) 468-1571 THE TRIBUNE Before the undersigned authority appeared David T. Rutledge or Kathleen LeClair. who on oath says tha{ he/she publisher, business manager of The daily newspaper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of the advertisement, being a . .n.o.t.%.c.e ........... in the matter of .. Ckang,e. o..f..L.a, rt.d. J4s..e.., was published in said ne.w_sj~aper in the issues of ................. 7./. 2..7 ,/.~?.'} ................... Pierce. in said St Luc e County. Florida and that the sa d newspaper has heretofore been continuouslypublished in said St. Lueie County, IVlorida,]~ Sworn to an~ubscrib~d betere me This . .Srd .... Beilding, need ~o e~ Ope tract Flesidma- ,'"nile iL :{in- 9.94 Acre Edward W. Becht, R A. A'VrORNEY AT LAW P.O. Box 2746 201 Sou~ 2nd Street · Fort Pierce, Florida 34954-2746 (407) 465-5500 November 14, 1988 Mr. Dennis J. Murphy, AICP Planning Administrator St. Lucie County 2300 VirDinia Avenue Fort Pierce, Florida 34982 Re: Petition of Joseph H. Noelke and M~rgaret Noelke, his wife, for a Change in Land Use and Zoning for Property Located Along Orange Avenue, Fort Pierce, Florida Dear ~~ Enclosed please find three original letters from persons owning land adjacent and contiguous to,the property owned by Mr. and Mrs. Noelke in favor of the proposed zoning change. Would you please make these letters part of the official file on the requested change. Thanking you in advance for your attention to ~is matter, I am Very truly yours Edward W. Becht /jef Enclosures '" f~ Trustee Sidney' Rmbako_~, 2715 Sunrise Bivdo Ft. Pierce, FI. 34982 Nov 3, 1988 The Honorable Commissioners St. Lucie County' 2300 Virginia Avenue Fort Pierce, FI. Gentlemen: As the owner of property' in Sec. 7-35-40, on Orange Avenue E×tention, directly contiguous to the site owned by i'4r. J.~o Noelke, I wish to advise you that I am positively in £avor o£ granting the sought a£ter change in zoning as requested. Ry truly' yours, MR. JOHN H. STAMM JR. 4850 Orange Avenue Ft. Pierce, Fl_ 54947_ 4 November 1988' St. Lucie County Board' o~ County Commissioners 2300 Virginia Avenue Ft. Pierce, F~ ~0~ Gentlemen: As owner of property in Section ?, To~n'ship-35S., 'Range~'4OEon Orange Avenue Extention, this is to advise you that I am completely in favor of the request by the owner', Margaret Noelke, to change the land use to InduSt~ial//~ght. HR. OMER NO£LKE 475~ Orange Avenue 4 November 1988 St. Lucie County Board of County Commissioners 2~00 Virginia Avenue Ft. Pierce~ FL 34~'~0' Gentlemen: As owner c~ property in Section 7s TOwnship ~5S~ Range'40E on O~ange Avenue Extention~ this is to advise you that I have no objection to the request by Joseph' H. and 'Margaret S, Noelke to change the land use to Industrial Light. Si ncere! y~ GMER NOELKE MEMORANDUM TO: FROM: DATE: SUBJECT: Terry L. Virta, Community Development Director. Daniel S. MCIntyre, County Attorney~ May 16, 1989 Special Board Meeting - Large Area Plan Amendments This memorandum will confirm the action taken by the Board concerning the ~scheduling of the.special Board meeting to consider the large area plan amendments. The special hearing has been rescheduled to Thursday, August 3, at 7:00 p.m. Please make~sure that this hearing is properly advertised. DSM:dm cc: ~ Board of County Commissioners Asst. County Admin~ - Operations Asst. County Admin. - Budget Land Development Manager st.. lucie May 2, 1989 Mr. Ralph K. Hook Department of COmmunity Affairs Bureau of State Planning 2740 Centerview Drive The Rhyne Building Tallahassee, FL 32399 .r'ecjonal planning council' Subject~.- St. Luci~ County Local Government Comprehensive Plan Document Dear Mr. Hook- Pursuant to the requirements of the Local Government ComprehenSive Planning ~nd Land DeveloPment Regulation Act, Chapter 163, Florida Statutes, the Treasure Coast Regional Planning Council reviewed the amendments to the Future Land Use Element ofthe St. Lucie County Comprehensive Plan at its regular meeting on April 21, 1989. Comments were approved .by Council for transmittal to the State Department of Community Affairs pursuant to Sections 163.3184, Florida Statutes, for consideration by the County prior to adoption of the documents. Evaluation The proposed amendments to the Future Land Use Element have been reviewed in accordance with the requirements of Chapter 163, Florida Statutes, Council's review procedures, and Council's adopted plans and policies. Enclosed is a copy of the full staff report to Council. The 'report was formally adopted by CoUncil at its regular meeting with the intended revisions. 3228 s.w. martin downs blvd. suite 205 · p.o. box t529 palm city, florida 34990 phone [407J 286-3313 Mr. Ralph K. Hook Department of Community Affairs Bureau of State Planning May 2, 1989 Page Two If you need additional information Ur have any questionS, please do not hesitate to call. Sincerely, M. Cary Executive Director DMC:ba Enclosure cc: Terry Virta TREASURE COAST REGIONAL PLANNING COUNCIL MEMORANDUM To: From: Date: Subject: Council Members Staff April 21, 1989 Council Meeting I.oCal Government Comprehensive Plan Review - Amendments to the St. Lucie County Comprehensive Plan Introduction Pursuant to the provisions of the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Florida Statutes, the Council must be provided an opportunity to review and comment on comprehensive plan amendments prior to their adoption. St. Lucie County has submitted proposed amendments to the State Department of Community Affairs, which n turn is seeking Council's comments. Council's review of the information forwarde~ by the Department of Community Affairs is in the context of the relationship of the proposed amendments to the regional policy plan developed pursuant to .Section 186.507, Florida Statutes. If a conflict with adopted plans or policies is identified, the regional planning agency is to specify any objections and may make recommendations for modifications. Council also provides informal comments to ~the local government through a spirit cf cooperation, and technical assistance on matters related to the proposed amendments. These advisory comments are aimed at providing coordination between the local and regional comprehensive plans. Backqround St. Lucie County is considering ten amendments to the Future Land Use Element. The locations of'the properties under consideration are shown on the accompanying map, and the number of acres and proposed changes in land use designations are summarized in the following list: PROPOSED AMENDMENTS TO THE FUTURE LAND USE ELEMENT ST. LUCIE COUNTY Amend. No. PA-88-016 PA-88-017 PA-88-018 PA-88~019 -PA-88-020 PA-88-021 PA-88-023 PA-88-024 Approx. Acreage 21.1 13.6 40.0 4.4 9.3 141.0 40.0 13.6 Existing Land Use Designation Low Density Residential Agricultural Semi-urban Low Density Residential and Commercial General Low Density Residential Semi-urban Agricultural Light Industrial Proposed Land Use Designation Medium Density Residential Light Industrial Heavy Industrial Light Industrial Light Industrial Interchange Light Industrial Commercial General Approximate Location South of Tiffany Avenue and west of Lennard Road North side of Orange Ave., 1/4 mile west of Shinn Road Southeast corner of inters of Rock R Colbourn North sid Orange Av mile west Hartman R ection oad and Road e of e., 1/2 of oad West side of Lennard Road and north of Maripos, Avenue West side of Johnson RQad, extending]to !-~ just nort~ of Angle Road Southeast corner of intersection of Trowbr and Orang Southeast of inters of St. Lu Blvd. and idge Rd~ R Avenu~ corner ~ction tie Sapp Rd~ 2 The County analysis suggests that there is a need for additional land for light industrial uses related to agriculture in this area, and is proposing designating an area in the vicinity of these proposed amendments as appropriate for such use in the future land use plan. Although there may be a need for some amount of agriculture related industrial land in the general area of these proposed amendments, these amendments should not be approved until the following points can be addressed: It should be demonstrated that undeveloDed land is not available to serve this need. These o conversions would displace existing citrus groves which would be more difficult to re-establish on undeveloped land than would the proposed industrial uses, thus resulting inca negative and potentially unnecessary impacti on citrus production in St. Lucie County and the Region. Establishment of new groves is becoming inCreasingly burdensome on native lands given the need to protect wetlands and! other sensitive environments, while at the same ~ime providing for efficient grove and irrigation system layouts. This is less a problem ~or indusltrial uses since buildings can b~ IclUstered and arranged to avoid such impacts much more easily. It~ should be demonstrated that the services needed to support such development can and will be provided concurrent with need, and at levels necessary to maintain to-be-adopted objective leve~s .~f_ serviqe. Given the~e, properties· location, services may be difficult to provide at reasonable cost. The development of these sites may place an undue burden on regional roads since housing is not available in proximity to these sites and workers would have ~o drive some distance to and from work. Degelopment will effect level of service on Orange Avenue and could impact Kings Highway as theI connection to the Turnpike and Okeechobee Roadi (all regional roadways). Further, provision of Water and sewer service could be a problem given location and depending on the intensity of proposed development. Given the lack of Public facilities (sewers, road improvements, drainage considerations, etc.), this proposed change appears premature, at best. In the application materials, the owner suggests that no plans have been formulated to develop the property. The proposed amendments may be inconsistent with the Regional Comprehensive Policy Plan if not adequately addressed ~.in the evolving County comprehensive plan. Furthermore, environmental assessments should be required when long-term agriculturall lands are converted to other uses. The proposed amendments would be deemed inconsistent if not dealt with in the county's new comprehensive plan. PA-88-019: change to industrial land use appears with surrounding uses. However, on-site facilities are proposed to serve the development. Industrial development on this relatiVely small parcel (4.5 acres) should not be permitted until a full range of services is available, especially central seWer and water. PA-88-020: This proposed amendment involves a land use change from low density residential to light along Lennard Road in an unincorporated en the City of Port St. Lucie. .The parcel is 9.3 in size~ The Port St. LuCie and County staffs determined this proposed l~nd use to be incompatible with surrounding uses which include rE structures, child care facilities, and a frate2 lodge. However, the parcel does adjoin another industrial parcel whose recent redesignation was also opposed by County and City staflf. There ~ppears to be no established need for an industrial land~ use at this location. The Regional Plan indicates that land use changes are to be based on need. The Regional Plan further seekS a compatible mix of land uses, appropriately located~ It does not appear that an industrial use is compatible in this neighborhood~ despite the adjacent use. A full range of urban services, also required by the Regional Plan, is not available. Impacts to the intersection of Port St. Lucie Boulevard would need to be addressed. Also, if developed, much of the native pine flatwoods which exist on site should be preserved, at least the 25 percent called f~r in the Regional Plan. 6 MINUTES oF Tm TREASURE COAST REGIONAL PLANNING' COUNCIL APRIL 21, 1989 MEETING chairman Eggert called the meeting to order at 9:30 AM and requested that the roll be called. The following members were present: Indian River County C0nissioner. Bowman Commissioner Eggert St. Lucie County Commissioner Fenn Commissioner Minix Mayor Dannahower Martin County Commissioner Wacha Commissioner Thom Commissioner Cole Palm BeachCounty Gubernatorial Appointees Commissioner Marcus Commissioner Roberts Commissioner ElmquiSt Councilman Helm Alternate Campbell fo=.Mayor Hinton Vincent GoOdman Ken Ferrari Hugh P. Kelly Dagney Jochem Kevin Foley Edmund ~onzalez Joseph Bilancio Charles-~Davis The Executive Director present. announced that a quorum was STATEMENT OF C~E$ F. DULD, CHAIRMAN ~ ~ GOVE~MENTAL RELATIONS COMMITTEE HOMEOWNERS ASSOCIATION GOLDEN PONDS ADULT COMMUNITY 1832 GOLDEN PONDS DRIVE FORT PIERCE, FLORIDA, 34945 REGIONAL PLA~rNING coUNCIL APRIL 21, 1989 I thank the members of this council for the opportunity to address you and bring to you the concerns of the resident~ and homeowners of Golden Ponds. We at Golden Ponds have joined with the residents of Angle Road and those of the Meadowood CommUnity in- opposing a request, before y..ou, for a change in a land-use and zoning within OUr area. Interstate citrus Partners Ltd has made applicatio.n to amend the Future Land use Maps of the St. Lucie County Growt2% Management applic- · s for that tract o~ land moun=.e=.~ atzon z . In addition tendon west to 1-95 lust .north.o_f Angle Road. ~' , east ex g - · , th .. ' ' : · nas ozzzc~ll stated that y =ne represenat~ve of this company __ _ ...... =-'-- ~-- rezonin- und~ the P~ (P~ ............ en- rial Development District) in order ~o convert this land to an industrial park. We are amazed that this.area_could.ever be .c?.nsld_e~_e~=i.a_s- ~0~'~- idential~. Golden Ponds is. only yar=s away w~n over hundred, homes upon completion of the .fl.nal ~,,~ .... truction. There will be approxima=ely, e&gn= nu~.u~_== ~. . residents'. At ~resent there is an unknown_res=denti.al .to.un= MeadoWoodo Construction is also underway for approxzma=ely s~x just west of 1-95o hundred plus townhouses north of Angle Road . Predictions of three thousand-res==en=a zor =ne ve=~! ~ear future, upon completion of 'these developments, as well as the private residents along Angle Road and Johnston .R~oad, is just a conser- vative estimate. To approve any land use change or to rezone to a so called Non- Residential Development District would allow an industrial park to. be placed right' in~ the center of a totally residential area. Our intentions are= not. to-hinder the industrial _growth of St. Lucie County, to the contrary, we oppose such a change for the health hazard that we. will be subjected to. The reasons for our objections are as follows: 1. A severe increase in vehicular traffic will pose a hazardous condition to children in the area and to the senior adults who must use Angle Road for access to t~heir homes. 2. Excessive noise pollution from the trucks and other traffic coming and going from this proposed industrial park. 3. Vehicular exhaust pollution will pose a serious heal~ch problem Commissioner Wacha moved a cohdition (Condition 17) concerning buses stopping at the mall; alternative transportation to be considered. The motion was seconded by Councilmember Davis. Upon being put to a vote, the motion carried unanimously. Mayor Dannahower moved staff recommendations as amended by Council. The motion was seconded by COuncilmember Jochem and carried unanimously. DOWNTOWN UPTOWN DEVELOPMENT ORDER Staff reported that at the January 1989 meeting, Council reviewed' and.adopted the Downtown Uptown Development of Regional Impact"report and recomm~_endations recommending approval Of the project subject to conditions. Staff indicated that Council now had the responsibility to review the Development Order to determine iwhether it adequately addressed regional concerns identified in the report and. recommendations.. If it does not. adequately ~r~s ~e~e ~once.r~_s,. Council ~ay file-an appeal with r£orl~a ~an~ and water Adjudicatory Committee; on the other hand, if it does adequately address these concerns, an ~ppeal should not be taken. Staff reminded Council that only Phase . . of a much larger proje~ is being reviewed, wnic~ iDegins the initial step of an intensive effort t2ta~Ui~ica~e Ci~y of West 'Palm BeaCh downtown area. =ed that the Development !Order, for. the most 'part, is consistent with Council policy. However, Development Order Condition 30 does represent a concern whichS%aff outlined. Staff added that language has been worked that is agreeable to both the City and Council indicated--that if the Development Orde~ i~ amended prior to Council's revie~ period · - ~ner hand,, if it is not amended prior to CounCil,s review termination date, then staff would Council authorize the EXecutive Director and to appeal. cM, oti.on .was made by Commissioner Marcus and seconded'by _o~m~_l.ss.loner Roberts to approve staff recommendations. upon being put to a vote~, the motion carried unanimously. MOl'ION TO ADD MOTION TAOS AMENDED MOTION TO APPROVE LOCAL GO~ COMPREHENSIVE PLAN REVIEWS ST. LUCIE COUNTY COMPREHENSIVE PLAN ELEMENT AMENDMENTS Chairman Eggert asked St. Lucie County if the iamendments have been reviewed by the Board of County Co~issioners. Commissioner Minix indicated that St. Lucie County's policy has been to send the proposals to the Department ?S Community Affairsi, then have the public hearin~ when uney come back to the County--this occurs after! CoUncil's 9 property is industrial, ~ it should be.. approved with a stipulation that develOPment Of the piece occur concurrent with services. Staff indicated that the new St. Lucie County Comprehensive Plan which would be coming up for review in August should take all this into account, as well as what the costs are going to be. Commissioner Davis commented that the proposed ~hang~ will allow agriculturally based industry to' develop a= that location. He reminded' Council that in Western Palm Beach County the sugar mills are in the middle of sugar plantations because of the service they provide. He felt a disserVice would be done to agriculture if the development of packing and processing pla~s: were moved out ~of the grove., area. Commissioner Fenn informed Council that police and fire protection, as Jell as waste .removal can ~e provided this area. Councilman Helm stated that there, is a danger in converting agricultural acreage to somethingelse since a heavy residue of DDT and other pesticides ~ay exist in the soil. Staff suggested amending the recommendation to state that the proposed amendments may be ,inconsistent with the Regional ~Comprehensive Policy Pian if not sdequately addressed in the evolving County. Comprehensive Plan. Commissioner Minix indicated his agreement. Mr, Jim G. Russakis, St. Lucie County resident and owner and operator of Russakis Hedging. and Toppin indicated that he has been an active citrus grower ~in~1965; and added that he was the previous owner of th~ land being discussed as Amendment PA-88-017, and is the current part owner of PA-88-023. Ms. Russakis informed Council that the first grove (PA-88-017) is approximate [y 40 to 50 years old and is no longer economical as a grove. He indicated that lig~ industrial uses are across the street from the isite, and added that th~s piece of property will serve three different operat:.ons, one of Which isl RuSsaki~ Hedging and Topping. In reference to the comments made about timeliness of the development, Mr. Russakis pointed- out that his operation, which ~s 'currently located on Glades Cut-off Road, needs to be moved to alleviate traffic by moving closer to the area he services. In reference to fire pro':ection, Mr. Russakis pointed out that there is a fir~ station on Shinn Road, which is near the site; in reference to police protection, law enforcement is up tme street at the correctional institution;- and, in ~eference to disposal of waste, one of the major waste haulers is a neighbor of the site. In regard to Coun :itman Helm's concern, Mr. Russakis indicated that a test ~ould be made 11 Chairman Eggert asked 'f6r ~ublic comment. Mr. Charles Duld, Chairman of the Go.~ental RelationsCommittee of the Golden Ponds Adult Co~unity Homeowners' Association, indicated that in the near-future it is expected that the owner of the parcel in .Amendment PA-88-021 would be submitting a rezoning .application. He passed out a Statement dated. April 21, 1989, protesting the land use change. Commissioner Roberts moved to make the Statement part of the record. The motion was seconded by Commissioner Helm and carried unanimously (copy attached). MOTION Mr. Duld also passed out a petition containing in excess of 320 signatures of homeowners of th~' Golden Ponds community,, and another petition from the private owners along. Angle Road and residents of Meadows community, asking that the proposal to Change the zoningi be denied. Motion was made by Commissioner. Roberts and seconded by Councilmember Foley to add these petitions along, with the statement to the comments transmitted to the Department of Community Affairs. Upon being put to a vote, the motion carried unanimously.--. Mr. Daryl Cinmm, speaking for the land owners of Johnston Road, raise~ some concerns about possible right-of-way purchasing problems. Chairman Eggert asked Mr. C~mm to appear before the County Commission. MOTION TO ADD ~ND~AN RIVER·COUNTY-- CO~SI~E.~.~ PLAN E~~fEND~S m mD S . '- Mayo ~ower asked ~at ~/reco~ ow for~genda ?~t~ 6C (C~y of~/~°rt Pi~e~rce ~Comprehensive ~.Plar~Element ..Ame~ndments) ,~r~e~arding sta~comment on a 3~a~re tract ~(Ame~nd.~ent ~3~and the %f_4~ect.. of the propo~d~amendment on ma<inta~nfng ~ acceptable l~v. el of se ~r~i~ Av '~ ' ' ' ~ ' ' · enue%Jmat the ¢ t has be %work g on for , ~..years. ~He added t/~a.t/~h.' e Departmeh~ TranSportation ~h~s ~had. it 'on ~,'eir fiVe.-year/~.ork %?~gram, an~ th.~ work\was to be ~et ~ July Of th~i~ year, has ee. st o.ed.% -bei,g- chas recommendations o~Indi~n River :. County _~d ~£tv ~ Fort APPROVE Pierce Comprehenslve~Pian Element Amend~ents.,~/e motion w~as seco~nded b~/<C~mmlssl.one~./zThom a~nd~ carried unanimously... / ' 13 EPA: Pollution from ndustr es.'startling WASHINGTON (AP) -- American industry is pouring a "startling" amoun!t ~ more than 22 billion pounds in a year -- o£ toxic chemicals /nto the air, water and lanti, the Environmen- tal--m'otection Agenc~ disclosed Wednesday. While EPA officials said they were surpzised at the large volume,, they said. the figures by themselves' provide` no dear-in- dicator of the possible impact on health. EPA A~tor William Reilly said that while the raw figures ~ supplied by industry under a new "ri.gl}. t to know law" ~ will be aseful~ in developing regulations, they don't show rate Pollution said Linda Fischer, assistant EPA administrator roi' poUcy and plan- eng, at a news cmiference. At the same news. conference, Sen. Frank LaUtenber~, D-N.J., .suggested ~e figures provide dear evidence t~at s~r~nger emLssion controLs are needed for industry. "The nmnbe~ According-to pried to the E 72.aPanies and 5 billion pollutants wet plants and othe are s~agger- **tenberg. he fl~m:es suP- 'A by chemical. ~ther- industries, unds of toxic released from faciliUes durin& of release, concentration or ac- "Release doe~ not equal ex- posure,'' he said in a statement. "It is likely that~only a facilities are exposing the public to toxic chemicals at a rate that could require immediate action," Rellly said. Nevertheless, the sheer number of pounds of toxic -substances ~ more than 300 merit known to cause cancer and other serious illnemes'~ took government officials by surprise. "The numbers are startling ... ,macceptably high and far ibeyond what we thought was occurring," See POLLUTION. page A 10 From A1 19,87, the year covered by the reporting requirements. .The releases broke down this way: 9.7 billion pounds of chemicals into streams and other bodies of water, 2.7 billion pounds into the air, 2.4 billion pounds into landfilLs, 3.2 billion pounds injected deep into the ground for disposal 1.g billion pounds shipped to municipal waste water treatment plants and 2.6 billion pounds sent to off- site treatment and disposal Texas had the most overall pollutants, rankin~ fir~ among the states in air an and either second other categories. ranked among the in all categories, v had the highes releases into watez The EPA said th reflect reports fre cent of the comp under federal L' chemical discharg agency said it has million in fines that have failed reports. d land or third Loui~iam top five. 'hile Cali~ votum t the nm m only 7: amies ret .w to s : fi~tre~ propos~ ~or com' ~o mak st. lucie March 21, 1989 co t .re99nal plann .n,9 council The Honorable Judy Culpepper Chairman, St. Lucie County Commission 2300 Virginia Avenue Fort Pierce, FL 33450 Subject: St. Lucie County Local Government Comprehensive Plan Documents Dear Chairman Culpepper: This is to notify you that the Regional Planning Council has received a request from the State Department of Community Affairs (DCA) for comments on the following comprehensive planning documents: Ten proposed amendments to the Future Land Use Element St. Lucie County , Council ~taff will review the documents in accordance with the requirements of the Local Government Comprehensive Planning and Land Development--Regulation Act, Chapter 163, Florida Statutes. It is anticipated that t-he report and recommended comments will be presented to Council at its meeting on April 21, 1989. Prior to the Council meeting, the meeting agenda, report, and recommended comments of the staff will be transmitted to you. You or any representative of your local government are invited to attend the meeting and will be afforded an opportunity to address the Council. Following the Council meeting the adopted comments will be transmitted to DCA. notIf you hesitate have any to contact questions me. regarding this matter, please do Sincerely, ~ Terry L~ Hess, AICP Planning Coordinator TLH:lb cc: Terry Virta 3228 s.w. martin downs blvd. suite 205 - p.o. box 1529 Palm city, florida 34990 phone (407) 286-3313 / / BOARD OF COUNTY COMMISSION£RS DEV6LOPMENT DIR6CTOR TERRY L V1RTA March 7, 1989 Mr. Ralph K. Hook Division of Resource Management Bureau of Local Planning Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399 Subject: Transmittal of Summer 1989 Proposed Amendments to the St. Lucie County Growth Management Policy Plan Dear Mr. Hook: ', ~ ~ Enclosed,. please find ten (10) .copies of the ten (10) proposedI Land Use Amendments to the St. Lucie County Growth .Management Policy Plan scheduled for~ final review in July of 1989. On Tuesday, February 14, 1988, the St. Lucie County Board of'-Co~nty ~Commissioners, after holding a public hearing on each petition, voted unanimously to forward each of these petitions to the tment of Community Affairs fo~ f~rther review in accord~a~noe with the requirements of C~h~apt~r 163, Florida Statutes. NOne-of "thA ten (10) proposed changes are- related't~ a ............... Deve~opmen~-of---~elgionat I~mpact;--none are considered-tobe a small area amendment under the requirements of Chapter 163. 3187(1)(c), Florida Statutes; none are considered to be emergency ~plan amendments; none are proposed for adoption under a joint planning agreement pursuant to Chapter 163. 3171, Florida Statutes; and none are located within any designated Area of Critical State Concern. If during your review of these proposed amendments you have any questions, please do not hesitate to contact our Office of Community Development for assistance. Specific individuals in that office to contact would be Mr. Terry Virta, Director of Community Development or Mr. Dennis Murphy, Land Development Manager Administrator. When your Agency returns its review comments, to St. Lucie County, I would .appreciate it if you would also include copies to Mr. Virta and Mr. Daniel McIntyre, County Attorney, as well. HAVERT L FIENN. Dtst~tc~ NO. I e JUDY CULPEPP'ER, Dls~'ic~ No. 2 e ,tACK KRI£GER. Dtstrio No. 3 e P,. DALE TRIEFELNER. D~s~rk't No. 4 e JIM MIND(. District !1o. 5 County Administroror - WELDC~4 B. ItAVIS 2300 Virginio Avenue e Fort Pierce, FL 34982-5652 Dlreo'or: (407) 468-1590 · Building: (407) 468-t 550 e Plonning: (407) 468-1576 Zoning: (407) 468-1550 e Code Enfc~cernenr: (407) 468-1571 March 7, 1989 Page 2 Subject: July 1989 Land Use Amendments We appreciate the time you will be spending on these petitions, and look forward to receiving your input on these requests. Chairman, ~ I-' Board of C~unty Cbmmissioners JC/DJM/sh TRANSl(B32) cc: County Administrator County Attorney Development DirecTor Petition Files TUESDAY - AGENDA - BOARD OF COUNTY COMMISSIONERS FEBRUARY 14, 1989 1:30 P.M. Petition of Joseph H. and Margaret J. Noelke, by Agent: Edward Becht, Esquire, to amend the Future Land Use Classifica- tion of the St. Lucie County Growth Management Policy Plan from CG (General Commercial Development) and RL (Low Density Residen- tial Development) to IL (Light Industrial Development) for the followin9 described property: WEST 158.25 FEET OF EAST 949.5 PEET OF S~UTHWEST i/4 OF NORTHEAST 1/4 OF SECTION 7, TO~SHtP 35 SOUTH, RANGE 40 EAS~ LESS THE SOUTH t10 FEET THEREOF. ( Location: Lyin9 n~rthof~ra~g~-~v~JueExt~nsi0n right-of--way, approximately 333 ft. east of Canal #29) Please note that all proceedings be'fore 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 testifyin§ during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Prior to this public hearing, notice of the same was sent to all adjacent property owners February 6, 1989. Legal notice was published in the News Tribune, a newspaper of general circulation in St. Lucie County, on February 7, 1989. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ~ St. Lucia County Board of County Commissioners pro,'--es to chang ~ the use o'~ land wP, bin the area show/-",che map in this advertisement. ublic hearing on the proposal will be heid before the St :ia Board of County Commiss oneta on Tuesday,~ ¢.-aMy 14, 1989, at 1:30 p.m., in ~,3unty ~ommissi(~n Chambers, .St. Lucia CoUnty Admifi~st'ratio~ Building - Annex, 2300 Vi.r§mia Avenue, F0~.~.~l~e, Florida, The'pui:po~e of ~eeting is to consider the comments and recommendations of the St. Lucia County Local P arming AgsncY~determine whether or not to, nit the proposed land use plan amendment to the Florida Dep~rtment of Community Affairs for fu~the}' a~'t'M*tew in ac~rdenoe With the ements of Chapter 163.3184 Florida Statutes ~se note that all proceedings before the Board of County Com~issioners are electronically rscorded, if a pemmt¢ decision by the Board of County Commissioners with respect to any matter considered at such meeting or the pro- ~gs, and that for such purpose, he may ~oad to ensure that a verbatim record of the proceedings zidence upon which ~he appeal is to be based. Upon the request of any party to tho proceeding, in. Any party to the proceeding will be granted an opportunity to cross-exami~te des of the proposed amendments to the St. Lucia County Growth Management Policy Lucia y Office of Community Development, Zoning Division, Room 201 2300 Virginia Avenue, F(}r~ P,terce, lnorms~ business hours, nterasted persons may appear and will be given an opportunity to'be heard at ~,a~ time. becomes fiecessary, these public heatings may be continued from time to time. :.RS ST': IN DRIO GROV[ UMITED PARTKERSHI]p From SU (Semi - Urban) to RL [Low Density Residential): A 39.34 Acr~ traoll located On 140~ ft. west of the intersection of Indriq Road and Emerson Avenue. HEMINWAY CORPORATION From IL (Industrial, Light) to CG (Commercial, General): A !~.26 Acre tract Sapp Road. IFNroT£RSTATE CITRUS PAaTMER~S, ~LTD m SU [Semi, Urban)to X (Interct~ange): A .14~ Acre tract !ocated JOSEPH H. AND MARGAltET J, KOELKE From CG_ (Commercial, General! an~ RL tLow De~m/Residential) to IL ~(!~1, LightS:. Avenue I--xransion, approximately 1/2 mile west'of Hanman Koad. HOWARD BEVILLE, JR, From AG (Agricultural) to IL (IndustaCal,,Light): A 13.63 Acre ~ect located of Orange Avenue (15150 Orange Avefluej.. JIM U. ROSSAKIS ~ i ' From SU (Semi- Urban) tO IH (Heavy inhibit,air: A as.as Acle tract County Correctional Facility. . . : ,. .EDGA?A'.B~. OWN* .JOSEPH £, B~LE, JR., AND Jllll from AU ~gnculturai) to IL (lndu?t~ial, Light): ~ 39.~)~'~a~ .... Trowbridge Road. ANTHONY V. I~J&LIESE~ II! From RL (Low Density Residential) to C~ (Comn~ proximately 650 ft. east of Oleander Avenue.. HENRY MAIUCCI . : ? ~ From R L (Low Den~ty Residential) tc Density ~esidenti~l)i approximately 600 ft. west of ~lennarc~ RAVEN PARC, INC., .. From RL (Low ~00 ft, north of I .UCIE NTY FLOR! . and Orange a ~ide ~t: Lu. cie NEWS TRIBUNE David T. Rutledge or Kathleen K. Le¢lair, who on oath says that he/she is publisher, publisher's secretary of the N~Ws Tribune, a daily newspalSer published at Fort Pierce in St. Lucia County, Florida; that the attached copy of the advertisement, being a .. p.u..b.1. ~.c.n.o..t.~..c.~ in the matter of....m.a. 9.t.~.n.g. ~2.[~ .4 .................... was published in said newspaper in the issues of ......... ......... ~./71 ~ ............................ n[ further says that the said News Tribtme is a newspaper published at At[ia . ~ . ~ L_. ~,~.:a~ and that the said newspaper has rert.~ ['~2, ~,h,~as~ ~ub ished n said ~t. Lucia County~ rl~nd_a,~ ~ y rebate co e publieAaon h~ the sa~d newspaper. St. LUC e County. Bc~agl ~ to chenf ~lSe of ~nd ~h~n the area ~ho~ the St. Lucle Board c ~ty Commis~io~ on Tu~da¥ Admi~r~n Buildin~ - Annex, ~ Virginia Avenue, ~ mn~ of Co~mOni~ Affaim for f[~he~ ag d.~f ape of Co~nW h~,erin Upon the du ~ Pierce, Florid ST. ~av ~ tS/ CH~ kRo, kf Lan BOARD OF COUNTY COMMISSION(ERS February 6, 1989 D V£LOPM( NT DIRECTOR TERRY L. V1RTA In compliance with the provisions of the Florida Statutes, you are hereby advised that Joseph H. and Margaret J. Noelke, by Agent: Edward Becht, have petitioned the Board of County Commis- sioners to amend the Future Land Use Classification of the St. Lucie County Growth Management Policy Plan from CG (General Commercial Development) and RL (Low Density Residential Develop- ment) to IL (Light Industrial Development) for the following described property: WEST 158.25 FEET OF EAST 949~5 FEET OF SOUTHWEST 1/4 OF NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 35 SOUTH, RANGE 40 EAST LESS_ THE SOUTH 110 FEET (Location: Lying no~th of Orange Avenue Extension right-of-way, approximately 333 ft. east of Canal #29) A public hearing on the petition will be held at 1:30 P.M. on Tuesday, February 14, 1989, in St. Lucie County Commission Chambers, third floor of County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Please note that all proceedings before the Board of County Commissioners of St. Lucie County, Florida, are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying during a hearing upon request. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. If you should have any questions, additional information may be obtained by calling Area Code 407, 468-1553. Sincerely, BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA Jack/ Krieger, Ck~hairman FILE NO. PA-88-019 HAV~RT L FENN, District No. I · JUDY CULPEPt~R, District No. 2 · JACK KRIEGER, District No. 3 · R. DALE TREFELNER. District No. 4 ® JIM MINIX, District No. 5 County Administrator - WI~LDON B. LEWIS 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 Director: (407) 468-t590 · Building: (407) 468-1550 · Planning: (407) 468-t576 Zoning: (407) 468-1550 · Code Enforcement: (407) 468-t571 MEMORANDUM TO: Assistant County AdminiStrator FROM: Development Director {~ DATE: January 30, 1989 ~ SUBJECT: Request for Hearing Date Please place on the agenda for Tuesday, February 7, 1989, a request for permission to advertise the following petitions for hearing on the date set forth: BCC HEARING DATE: FEBRUARY 28, 1989 Petition of The Reverend Raymond "Pete" Lein, Jr. for a change in zoning from AG (Agricultural) to RF (Religious Facility). e Petition of The Island Reef, Charlo Corporation, for a Conditional Use Permit to sell package liquor in CG (Commercial, General) zoning district. Petition of Wynne Building Corporation for a change in zoning from AR-1 (Agricultural, Residential - 1 du/ac) to PUD (Planned Unit Development). ..Petition of Edgar A. Brown, Joseph E. Beale, Jr. and Jim Russakis for a change in zoning from AG (Agricultural) to IX (Industrial, Extraction). Petition of David R. Langfitt, Sr., Trustee, for a Conditional Use Permit to manufacture other lumber and wood products; cabinets, and to include display and warehousing of the same in an IL (Industrial, Light) zoning district. Petition of Florida S.A.N.D., Inc. for a change in zoning from RS-3 (Residential~ Single Family - 3 du/ac) to I (Institutional). e Petition of Florida S.A.N.D., Inc. for a Conditional Use Permit to operate an Adult Congregate Living Facility (ACLF) in I (Institutional) zoning district. e Petition of Arthur H. Fuss for a change in zoning from AR-1 (Agricultural, Residential - t du/ac) to I (Institutional). Petition of Arthur H. Fuss for a Conditional Use Permit to operate an Adult Congregate Living Facility, to be known as Midway Manors, in an I (Institutional) zoning district. Petition of %_ .z Board of County Commissi~ers to amend the Future Land Use Maps of the St. Lucle County Growth Management Policy Plan from CG (General Commercial Development) to RL (Low Density Residential). 11. Petition of The Board of County Commissioners for a change in zoning from CG (Commercial, General) to CN (Commercial, Neighborhood). 12. Petition of Treasure Coast Mortgage for a change in zoning from RS-4 fResidential, Single Family - 4 du/ac) to CN (Commercial, Neighborhood). 13. Petition of Alvar and Kathleen Damberg to amend the Future Land Use Maps of the St. Lucie County Growth Management Policy Plan from CH (Highway Commercial Development) to RL (Low Density Residential). 14. Petition of Alvar and Kathleen Damberg for a change in zoning from CG (Commercial, General) to RS-2 (Residential, Single Family - 2 du/ac). 15. Petition of St. Lucie Truss Associates to amend the Future Land Use Maps of the St. Lucie County Growth Management Policy Plan from RL (Low Density Residential) to IL (Industrial, Light). 16. Petition of St. Lucie Truss Associates for a change in zoning from RS-3 (Residential, Single Family - 3 du/ac) to IL (Industrial, Light). BCC TRANSMITTAL HEARING, FEBRUARY 14, 1989: 1. Petition of Indrio Grove Limited Partnershi0p to amend the Future Land Use Maps from SU (Semi Urban) to RL (Low Density Residential). 2. Petition of Heminway Corporation to amend the Future Land Use Maps from IL (Industrial, Light) to CG (General Commercial Development). 3. Petition of Interstate Citrus Partners, Ltd. to amend the Future Land Use Maps from SU (Semi Urban) to X (Interchange). 4. Petition of Joseph H. and Margaret J. Noelke to amend the Future Land Use Maps from CG (General Commercial Development) and RL (Low Density Residential) to IL (Industrial, Light). 5. Petition of Howard Beville, Jr. to amend the Future Land Use Maps from AG (Agricultural) to IL (Industrial, Light). o o o 10. CC: Petition of /..3ar A. Brown, Joseph E. Be.~.,~, Jr., and Jim Russakis to amend the Future Land Use Maps from AG (Agricul- tural) to IL (Industrial, Light). Petition of Jim Russakis to amend the Future Land Use Maps from SU (Semi Urban) to IH (Industrial, Heavy). Petition of Anthony V. Pugliese, III, to amend the Future Land Use Maps from RL (Low Density Residential) to CG (General Commercial Development). Petition of Henry Maiucci to amend the Future Land Use Maps from RL (Low Density Residential) to RM (Medium Density Residential). Petition of Raven Parc, Inc. to amend the Future Land Use Maps from RL (Low Density Residential) to IL (Industrial, Light). County Administrator 3 PLANNING AND ZONING COMMISSION LOCAL PLANNING AGENCY REGULAR MEETING AND SPECIAL REVIEW OF LARGE AREA PLAN AMENDMENTS MINUTES MEMBERS PRESENT: j. p. Terpening, Patricia King, Ken Dixon McCain, Joseph Sciturro, Douglas Skidmore, Robert and Jo Ann Allen. BOARD MEMBERS ABSENT: Ralph Flowers - Excused, Conflict. ; PRESENT: Terry Virta, Community Development Director; Young, Assistant County Attorney; Dennis 'J. Murphy, Land ~nt Director; Donna Scanlon, Planner II; Ray Skorzewski, I; and Dolores Messer, Secretary. ' 1, 2, and 3. HEARING: JANUARY 26, 1989 TIME: 7:00 P.M. NONE Invocation was given by Mrs. Allen. OF ALLEGIENCE: The Pledge of Allegience was led by Terpening. ER 7, 1988 LOCAL PLANNING AGENCY~UBLIC MEETING REGARDING - COUNTY COMPREHENSIVE PLAN - MINUTES APPROVAL: ling the Minutes of December 7, 1988, Mr. McCain made a - to approve the subject Minutes. Mr. Skidmore seconded the ~, and upon roll call, the Board voted unanimously in. favor ~ motion with the exception of Mrs. Allen who was not at the subject meeting. 8, 1988 LOCAL PLANNING AGENCY SPECIAL MEETING REGARDING LAND & CATTLE COMPANY (THE RESERVE) DEVELOPMENT OF IMPACT - MINUTES APPROVAL: the Minutes of December 8, 1988, Mr. Pruitt made a to approve the subject Minutes. M~. Skidmore seconded the and upon roll call, the Board voted unanimously in favor .e motion. PUBLIC HEARING-JOSEPH &MARGARET NOELKE-FILE NO. PA-88-019: Lon of Joseph and Margaret Noelke, by Agent: Edward Becht, to amend the Future Land Use Maps of the St. Lucie County Growth Management Policy Plan from CG (General Commercial Development) and RL (Low Density Residential Development) to IL (Light Industrial Development) for property located on the north side of Orange Avenue, approximately } mile west of Hartman Road. Edward Becht presented the petition. He explained the property involves 4.42 acres. The proposed IL land use is compatible with the property to the west of the subject par- cel, The subject property is currently zoned Commercial, General .he front portion and RS-4 (Residential, Single Family - 4 in the back portion. Joe Balansio, representing Mr. Erwin who is the majority ~lder of the 300 acres of land located across the street the subject property, said that since Orange Avenue is the ~trial, Light corridor into Ft. Pierce the Board may wish to ider a buffer of this type project. He said they have 25 along Orange Avenue that is split with Industrial, Light commercial uses. He felt that buffering from these uses Orange Avenue is appropriate since that is the corridor the city. Genevieve Jackson, representing First American Trust for the ~n Erwin Trust, said her client's 311 acres surround the ect property. Her client's current land uses include CG, IL, and RL. She stated their support of the subject petition. arding Staff comments, Mr. Murphy said County Staff has re- .ewed this proposed amendment and found it not to be within any 'ea of Critical State Concern, found it not to qualify as a 11 area or emergency plan amendment under Chapter 163.3187, Statutes, nor to be proposed for adoption under a Joint Agreement pursuant to Chapter 163.3171, Florida :es. In general, County Staff recommended approval of the zed change in land use. The Board of County Commissioners s taken previous action similar to this on the properties ated to the west of the subject property. At this time, Staff that the Local Planning Agency forward to the Board County Commissioners a recommendation of approval, along with recommendation for transmittal to the Department of Community fairs for further review. ~hairman Terpening made three letters in favor of the petition a ~rt of the record. Those letters were received from John M. ~tamm, Jr., Omer Noelke, and Sidney Ribakoff. ~earing no further public comment in favor of or in opposition to ~he petition, Chairman Terpening closed the public portion of the 13 hearing. After considering the testimony presented during the public hear- ing, including Staff comments, and the Standards of Review as set in Section 5.3.300, St. Lucie County Zoning Ordinance, Mr. Skidmore made a motion that the St. Lucie County Local Planning Agency recommend to the Board of County Commissioners, that the petition of Joseph and Margaret Noelke for a change in land use from CG (General Commercial Development) and RL (Low Density Residential Development) to IL (Light Industrial Development) be transmitted to the Florida Department of Community Affairs for further review and evaluation under the requirements of Chapter 380, Florida Statutes. Mr. McCain seconded the motion, and upon roll call, the Board unanimously voted in favor of the motion. Chairman Terpening informed the petitioners' agent that the petition will be forwarded to the Board of County Commissioners with a recommendation of transmittal to the Department of Community Affairs. 14 THURSL~ AGENDA - LOCAL PLANNING AGENCY JANUAR~ 26, 1989 7:00 P.M. Petition of Joseph H. and Margaret J. Noelke, by Agent: Edward Becht, Esquire, to amend the Future Land Use Classifica- tion of the St. Lucie County Growth Management Policy Plan from CG (General Commercial Development) and RL (Low Density Residen- tial Development) to IL (Light Industrial Development) for the following described property: WEST t58~25 FEET OF EAST 949.5 FEET OF SOUTHWEST i/4 OF NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 35 SOUTH, RANGE 40 EAST LESS THE SOUTH 110 FEET THEREOF. (Location: Lying north of Orange Avenue Extension right-of-way, approximately 333 ft. east of Canal #29) Please note that all proceedings before the Local Planning Agency are electronically recorded. If a person decides to appeal any decision made by the Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such pur- pose, he may need to ensure that a verbatim record of the pro- ceedings is made, which record includes the testimony and evi- dence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Prior to this public hearing, notice of the same was sent to all adjacent property owners January 2, 1989. Legal notice was published in the News Tribune, a newspaper of general circulation in St. Lucie County, on January 5, 1989. FILE NO. PA-88-019 BOARD OF COUNTY COMMISSION6RS January 2, 1989 D( V LOPM NT DIR( CTOR TERRY L. VIRTA In compliance with the provisions of the Florida Statutes, you are hereby advised that Joseph H. and Margaret J. Noelke, by Agent: Edward Becht, Esqire, have petitioned the Local Planning Agency to amend the Future Land Use Classification of the St. Lucie County Growth Management Policy Plan from CG (General Commercial Development) and RL (Low Density Residential Develop- ment) to IL (Light Industrial Development) for the following described property: WEST 158.25 FEET OF EAST 949.5 FEET OF SOUTHWEST 1/4 OF NOR%HEAST 1/4 OF SECTION 7, TOWNSHIP 35 SOUTH, RANGE 40 EAST LESS THE SOUTH 110 FEET THEREOF. (Location: Lying north of Orange Avenue Extension right-of-way, approximatel~ 333 ft. east of Canal #29.) A public hearing on the petition will be held at 7:00 P.M. on Thursday, January 26, 1989, in Room 101, St. Lucie County Admin- istration Building, 2300 Virginia Avenue,~Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Please note that all proceedings before the Local Planning Agency are electronically recorded. If a person decides to appeal any decision made by the Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. If you have any questions, additional information may be obtained by calling Area Code 407, 468-1553. Sincerely, LOCAL PLANNING AGENCY ST.,~LUCIE COUNTY, FLORIDA J.~P. Terpening, ~nairman FILE NO. PA-88-019 HAVERT L FENN, District No. I · JUDY CULI~PI~R, District No. 2 · JACK KRIEGER, District No. 3 · R. DALE TREFELNER, District No. 4 · JIM MINIX, District No. 5 County Administrator - WELDON B. LEWIS 2300 Virginia Avenue ® Fort Pierce, FL 34982-5652 Director: (407) 468-1590 · Building: (407) 468-1550 · Planning: (407) 468-t 576 Zoning: (407) 468-t550 · Code Enforcement: (407) 468-157t ,ard W. Becht, P.A. ATTORNEY AT LAW P.O. Box 2746 201 South 2nd Street Pierce, Florida 34954-2746 (407) 465.5500 November 14, 1988 Mr. Dennis J. Murphy, AICP Planning Administrator Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Petition of Joseph & Margaret Noelke for a Change in Land Use and Zoning for property located along Orange Avenue, Fort Pierce, Florida. Dear M~- M~: Thank you for your letter of October 28, 1988 in the above captioned matter. By now you should have received the Petition properly signed by the Petitioners. I am interpreting your letter to mean that you needed either the Application signed by the Petitioner, or a Power of Attorney. Since you have the Application signed by the Petitioner you do not need a Power of Attorney for me to act on behalf of the client. Since I intend on. speaking at the various meetings on behalf of my client, I am curious to know if you will be requiring a Power of Attorney for me to speak on behalf of my client. Unless I hear from you otherwise, I will assume that I do not need a Power of Attorney in order to represent my client at the scheduled meetings. As always, Very truly yours, Edward W. Becht EWB/mf BOARD OF COUNTY D6V6LOPM6NT COMM! SSIO N£RS D i R6CT 0 R TERRY L. V1RTA October 28, 1988 Mr. Edward W. Becht Edward W. Becht, P.A. P.O. Box 2746 Ft. Pierce Florida 34954-2476 Subject: Petition of Joseph & Margert Noleke for a Change in Land Use and Zoning for property located along Orange Avenue, Ft. Pierce, Florida. Dear Mr. Becht: In reviewing the above described applications, recently submitted to this office, it has been noted that. the actual property owners have not signed the applications for change in Zoning or Land Use. In order for these petitions to be timely processed, I am requesting that you provide signed applications by the petitioner, as well as yourself the agent~ or provide a legally sufficient form of Power of Attorney for you to act on their behalf. Since this is a Large Area Plan Amendment, this petition will be processed during the upcoming Spring/Summer review cycle. The closing date for applications in this cycle is November 4, 1988. Since your applications were filed prior to the cut-off date, and aside from the problem with signatures, appear complete, we will continue to process them for further scheduling. However, if I have not received a copy of the signed appli'cations, or an acceptable Power of Attorney, by December 2, 1988, this petition will be considered to be incomplete and no further processing conducted. Very simply, it will not be reviewed during the Spring/Summer cycle. If you have any questions, please let me know. DJM/la NOELl(B27) Planning Adm~n ' cc: Zoning Administrator HAVERT t. FENN, Dis~lO No. I · JUDY CULPEPP[R. Dis~i~ No. 2 · JACK KRIEGER. Dtstric~ No. 3 · R. DALE IREFELNEP~ Dis~i~ No. 4 · JiM ~N~, DistdO No. 5 Coun~ Administrator - W[LDON D. LEWIS 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 Director: (407) 468-1590 e Building: (407) 468-1550 · Planning: (407) 468-1576 Zoning: (407) 468-1550 · Code Enforcement: (407) 468-1571 Before the unuersigneci authority personally appeared David T. Rutledge or Kath!een K. LeClair ~ho on oath .says that he/she ~s-~.ublisher, publisher's se'cretary of the ~ews Tribune. a daffy newspaper published at Fort Pierce m St. Lucie County, Florida; that t~e attached copy of the advertisement, being a...~ ~a~.. ~.~ ~.~ z~... m the matter of .. ~.~g~. ~q. ~.4, .~. ............ was published in said newspaper in the issues of.. ................. ~.~ ~Z~ ~ .............................. SEAL, ~ Notary Public -- ~ ' ST. LUC!E CQUNTY, FLORIDA LOCAL PLANNING AGENCY IS/JAMES P. TERPENING CHAIRMAN ST. LUCIE COUNT~ Res~df~ntieJ):~,~9~4 Acr~ ~a~-~t ~oc'~ted oh ~e ~U~a~ ~f ~ RoaC, epproki; ~ate;y I~'~(,-~ ~ ~t~t~fl ~ Ind~o Road and Ememon Argue, From CG (Commercial. Gene~t} and aL flow Density Residen~l ~ The.; stUart NeWS F~ t~bli~hed as the St~t Time~, Ap~ 18,1913 M~ ~0~ ~A STA~ OF ~IDA ~ ~ OF ~~ ~am ~icho!~s°n who ~ ~ ~Y~ ~t he ~-- ~ ' ' -~-- ~: Lan Use P ~n Amen ~ents-.- ~ w~ pub~h~ ~ ~u~ of ~~ ~.~?',~;,,~v ~SC~p~, HOWARD NEWSPAPER. _:2zrs!:med authority personally appeared :edge o~' Ka[hleen K. LeClair. who on oath he is p. ublisher, publisher's secretary of the a daily newspaper published at Fort Pierce C~un~y, Florida: ~h~t the attached said-newspaper in the issues of ......... Lucie Ca.tv, Flori~, and ~at ~e ~ifl new~a~r h~ :n~ously p~b]ishbd in ~id St. Lucie County. FIo~da] eahh day ~v. Fl~cida~ ~r a period of one year next p~eeding the .~ch~ copy ~ adve~isement: and affiant fu~her says ~at ~ Notary Pubt~c ~ ~ '~- ST. LUCIE COUNTY, FLORIDA LOCAL PLANNING AGENCY iS/JAMES P. TERPENING CHAIRMAN [ H o .j ST. LUCtE COUNTY FLORIDA A IINDRIO GRO11rl~ L~MIi?II:D PARTNrdEsIflP From SU [~mi - U~an) ~ RL (Low De~i~ R~de~ia~]: A ~.~ Acre tra~ ~md on ~he ~u~h ~e o~ IndHo R~d, a~x~ate~y 1~ ~. w~ ~ ~ In~on of ~ Road and ~emon Avenue, From IL flnd~. L~h~ ~o CG ~Commerc~L G~nera~: A ~.26 Acre ~act ~y~g ~u~haa~ of the ~c~on of ~:. Lucie 8~d. _ Sap~ R~d. ~ro~ ~U ~. U~) ~ X(~e~nge}: A 14~ Ac~e ~t Io~t~t ~ no~ ~:ner of J~on R~d ~A~-R~. From CG (C~memial, General) and RL {Low Densi~ Residential) to IL (Io~u~'~t. L~ht}: A 4.~ Acre ~ct lyi~ n~ of O~ge Avenue ~n~n. ~mxima~ 1/2 mile ~st of Ha~n Road From AG (AgdcuRura~) t~tL (tnd~ial, LiGht: A 13.~ Acre ~act located apb;ex,mate y 814 ~. east ~ Godwi~ ~ ~ ~ ~ of Omn~ Av~ {tS~ ~a~ A~enueL F 1~?o LUCIE COORT~ Applicant's Fees 1400 Dater do h4reb~ ~etition the Bt. Lusts County Planning Ommisuton and the Ot_. lmote County ILoegd of County ~melon~rs to change the future Land Use .Classification of the following 'Legal Descriptionz (Type o~ prin~ only in black ink) --- .. ~ !~8.2} fea~ of Eas~ 949 } fee~ of ~h~es~ 1/4 of N eas~ 1/4 ,. 9f S 9. 7,..%own ~~h~ Raq ' ' - '" ~/~ feet :" 40 Eas~ ss t South 1 thereof. (Orange Avenue Extension) ..... Pro~rty Tax I.D. I 2497-$3!-0001-000/5 Froms ~/X~ RLTo~ ~ (Our) reason for ~ktn9 ~ia request .... To deve!op:propert~, consistent ~ith surrounding property x, I (We) .do hereby certify tha't I (we) ovn in fee simple all of the above described property and have legal right to request a change in Future Land Uae of said property. ,, N/A . I (Wa) do hereby certify'-that ! (we) own in fee simple that portion of the above described re rt for which a chane In P ~ Y descried am g Future Land Uae la requested, N/^ The remmindar of the property described, tn Pnragraph tX above for which change in Future l~und Use' ia requested ia owned by _ - X and that ! ewe) certify that the above legal" description submitted by ~e (us) represents the' :" property I (we) wish to have reclassified, I (We) understand that ! (we)must be Present at the hearing or wlA/A~llbe r~ented by ny (our) agent, ~LA~ A]~I~HDMST C.~CEPT DETAIL.-. NOR Provl~lonn of 9Instal pro~ecc lnfornation for each phase and for entire pro}ectl Light Industr~. Pro~ect na~e ~pe of project a. Retailed sales b. ~holeaale sales. c. ~a~ehousl~ ' d, 8anufactu~ng e. Other or co~lnatlon -' sp~cl£y 'Parcel alee In acres See Re-Zoni~'on Wol 1 Intra NSL~ o , a. #on-residentia! floor area b. Number of non-~esid~ntlal units Land Use a. ~x~at/ng and p~oposed soning b. Grouth Hanage~nt Policy ~lan land use (existing and p~opo~ed) c. Exl~ltin9 land use Develoi~nent Schedule a. Expected starting dete b. ApproxlL~te,tlM required for completion Public utilities and services or their counterpartg , a. Hater ., b, Se~de~ d, Surface e. Other - Staff Use Only, Date Received: \o -- } Date AuthorizeO for Review: File No. ~-~%xo~ Check No. ~_~,~ Receipt No. H~iq9 Schedule: Planning and Zoning: Affidavit Received: Board of County Commissioners: Affidav&t Received: Result: Result: WEST 158~25 FEET OF EAST 949.5 FEET OF SOUTHWEST 1/4 OF NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 35 SOUTH, RANGE 40 EAST LESS THE SOUTH 110 FEET THEREOF. Fees ~400 Dates ,,, Appllcant'o Addresss 1300 Har, t,man R..o.ad ....... ,, ,Fort Pierce.,..FL,.34947.-4406 , Applicant's rhone Numbers _ (4.07)' 461.-.256.0 .. I (~e) do hereb~ petition the St. ~ole County Planning and Y~a/~ Cc~ion and the ~. ~1~ ~ty ~gd of ~ty ~OJl~g~ tO change ~e Future ~nd Use Claosiflcation si the ~oll~tn9 p~o~rtys 'Legal Dascrtptionz (Type or print only in black ink) West. 158.25, feet ...... of. East ...... 949.._5 feet of,,. ....... Southwest 1/4 of Northeast 1/4 _ _ . of S.ection. 7, .TQwnship 35 ,Soqth~ Ra..ng,e 4,0, Eas,.t less the. South 110 feet ........ thereo, f,. (O,ran, g,e, Avenue Extension) Property Tax I.D. O 24fiT.-!3_~,n0p0,17ooo/5 F~oms _s_~_ CS/N½ aLTos .... TL ~ (Our) reason £o~ nmklng this request 1st " .. To d_eyelop prqper.t.y..cqnsipt, ent with, su~,,roundin, g..p.[operty I (He).do herel~ certify that I (we) o~n in fee simple all of the above described property and have legal right to request a change'tn Future Land Use of said property. I (He) do hereby certify*that ! (we) own in fee simple that portion of the above described property for which a change In Future Land Uae ia requested, described as ............ ..... N~4 I The remainder o£ the property described. In Jl above for which change in Future land Use ia requested ia owned by and that I (we) certify that tl~e above legal description submitted by ~ (us) represen~ ~e' :" pro~rky I (we) ~lsh bo have reclassified, I (~e) understand ~at I (we) must be present ak the hea~tn9 or el~l be ge~nte~y ~ (~ug) agent, Petttl~er (al' P~ovtsions of general p~oJecc information got each phase and for entire projects See Re-Y~,n~_ Pet~ t~on Project name · ype of project a, Retailed sales b, ~holesale sales c. Wa~ahousAag · d, ~anufactu=ing or combination -'sPecA£¥ Other 3. 'Parcel sase An ac~es · 4. Project sase . a. Non-residential floor area b. Number o£ non-residential units 5. Land Use a. ExAatA'ng and Proposed zoning b. Growth Hanage~ent Policy Plan land use (exAa~Lng and P~o]posed) c. ~xAsit~ng land use _~98~.'' ._: 6,. __Develol~aent Schedule a. Expected s~art~ng date . _6 mo~ .... b. App~oxi~a~e,~A~e ~equired for comple~Aon ~11 Intra ~ N/$ Public utilities and coun~erpar~ a. Wabe~ ., c. ~Age protec~lofi'i d, Surface drainage e, Other - specl~ services or their t ,~° . Peet ~400 · Date ~ PETXTIOH FOR CllAI~B XN Flfl'URB ~ D~E ~SIFX~TION Applicant' s Name: Applicant ' s Address I {We) do hereby petition the St. Luoie County Planning and' ' ¥ r.n~ ~ucure ~na u~e Clauslflcatlon o~ the ~acriptions I~ o~ prin~ only in blac~ ink) ~t ~5,~ 25 feet of East 949 } feet of ~hwest 1 4 o . _ ~, of S n 7, Tq~ ~3 ~ Ra 40 E s t~ feet South .the. reo~... (Orange Avenue Ext~nsion~ ~,, T9 deyelop prqperg, y. con~,~stent, ~ith surroundin~ property al~l~ all of ~he above described p~op~ty ~ have maid property. I (W~) do h~reby ce~tlfy'-that % (w~} own 'Legal _ N/,A, N/A The remainder of the property described-in ra ti above for which chan-~ l- ~.-- .......... pa. graph requested is owned by ,,=,, .. -~u~ z..nna use la and that Z (we). certify thet the above legal" :. description submitted by mo (us) repreaent8 the' · property I (we) wish tohave reclassified. understand that ! (we) must be resent he%ring or will be re~r~;,' ,-~ - .... .p_ . a~ the Edward W. Bech~, Esquire ~ ' ]~LM~ AM£NDM~T 'COHCRPT DETAIL - NO~ RESYDENTIAT. P~ovinLons of general p~o~ect information ~or each phase and for entire proJec~ ~ 1. Pro~a'ct n~e Light Industr~, Type of pro~ec~ a. aetalled sales b. Wholesale sales. c. ~a~ahous~ ' do Hanufac~ugl~g e. O~her or combinabion -'siMCI£y 3. '~arcel size in ac~es N/A 1 o Project size . a. Hon-~esidentlal riser area b. ~u=J3e~ of non-residential unLts See 1989 6 mo Land Use a. Existing and p=OPOsed sorting b. G~o~th .anaoe~.n~ ~olicy ~l~n land u.e (exiatLng ~nd p~o~omed) c. Exiaiting land use DeveloMnen~ Schedule a. Expected star~lng data b. App~oxina~o.~lM required complo~lon w~l 1 , , gentig~ ~ Intra N/A Public ut~litles and secvlces or their counterpaEtt l~l~e p~otec~ion' Surface d=ainage Staff Use Onl~ Date Received: '\o-- ~ 't% ~ Date Authorized for Review: File No, ~-~-~-~O\ ~ Check No,_oc~c~.~ Receipt No, Hearinq Schedule: Planning and Zoning: Result: Affidavit Received: Board of County Commissioners: Result: Affidavit Receive0: WEST 158.25 FEET OF EAST 949.5 FEET OF SOUTHWEST 1/4 OF NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 35 SOUTH, RANGE 40 EAST LESS THE SOUTH 110 FEET THEREOF. - UIL3ING DEPARTMENT ~St: L6cie County~.~ity of Ft. Pierce City of Port St. Lucie RECEIPT N__ 2 4 7 2 6 NO, St. Lucie Village EXPLANATION ACCOUNT NUMBER AMOUNT White Customer Canary Finance TOTAL AMT. REC'D Pink File Copy $?. LUCI~ COUNTY ~400 %%-o ~- ~-L~-~. / / _.Mast ,,1/4 / O% °°nth l~O.{eet ~%~. ~' ~~ ~LTo, IL %%% .est ~s~ __'_ '.,'. , ~ /~ ,,. _=_ with surrou~di,~g p{operSy' ,~ .,ere~ certify that I (we) ..~ of the above de,ct,bed Pro~t~"-~ehave=-...,u property.~ght to request a change' in Future ~nd Use of N/A , ~ (We) do hereby'certifY.that Z (we) own In fee simple that portion of the above described -~ aB requested~ N/A The remainder of the property described. I1 above for ~htc~ -~-: ....... in Paragraph requested is owned by _ Use is _ × and that I (we) certify that the above legal" description submitted by me (us) represents the' ~" Property Z (we) wish to have reclassified,' Z (~e) underabana ~a~ Z (we) nus~ be