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HomeMy WebLinkAboutAugust 19, 1999PLANNING AND ZONING COMMISSION/LOCAL ~PLANNING AGENCY ST. LUCIE COUNTY, FLORIDA AUGUST 19, 1999- REGULAR MEETING MINUTES BOARD MEMBERS PRESENT: Stefan Matthes, Carsoh McCurdy, Noreen Dreyer, Charles Grande, Albert Moore, Ed Meffitt,~ Ed Lounds, Diana ~Wesloski BO~) MEMBERS ABSENT: Ramon Trias (excused) OTHE~ P~SENT: -James Lancaster, Assistant'County Attomey; Julia Shewchuk, Community Development Director; David Kelly, Planning Manager; Hank F/ores, Planner III; Cyndi Snay, Planner ii; and jo~/Riley, Planning Technician PLEDGE OF ALLEGIANCE: The Pledge. of Allegiance was led by Chairman Wesloski Planning & Zoning Commission/ Local Planning Agency August 19, 1999 Page 1 APPROV~ OF PLANING ~D ZONING COMMISSION MEETi~~I MINUTES- REGULAR:MEETING OF JULY 15, 1.99.9 Chairman Wesloski: ~ked if there were ~any'additions or cogectiOns to the.minutes.. There being ~no additions or ¢ogections to the of the July 15, 1 Wesloski asked'fora motiOn, Mr, Lo~dsmade McCurdy. Upon roll call, the motion was .approved 7-0, with Mr. Me~tt abstaining. Chai~an Mr. Planning & Zoning Commission/ Local Planning Agency August 19., 1999 Page 2 PUBLIC HEARING- ASSEMBLY OF GOD FAITH TEMPLE ~CHURCH FILE NO.~CU-99-006 Chairman Wesloski explained the Planning and Zoning Commission heating procedures. Mr, Flores presented 'staff comments. Mr. Flores stated that he was pmseming the petition of Assembly of God Faith Temple Church for a Conditional Use Permit to allow educational:services and facilities in the RF (Religious Facilities) Zoning District for. property' located on the southeast comer of the intersection of Avenue T and North 29th Street.to allow for a Child care facility. Mr.~Flores stated.that the subj.ect property is surrounded by'the RS-4 (Residential, Single-Family- 4 du/acre) Zoning District. Mr. Flores stated that educational services and-facilities are allOwed as a Conditional Use in the RF (Religious Facilities) Zoning District upon the approval of the Board of County Commissioners. Mr. Flores stated that. the petitioner was originally granted a Conditional Use Permit on January 20, 1998,-to alloTM a child .care facility on the-subject property. He stated that that Conditionai Us~ expired without being activated ~and:a.new one must be approved in order to establish the services as desired by the applicant. Mr. Flores stated that the proposed child care facility will have a student population of approxi~natelY 30 students and the .applicant proposes to conduct weekday school activities ~om 7:00 a.m.. to 9:00 p.m. Mr. Flores stated that staff has reviewed this petition and determined that it-conforms with the standards of. review as set fo~h in the S't. Lucie County Land Development Code and is not in conflict with~the St: Lucie CoUnty Comprehensive Plan. Staff is, therefore, recommending that you forward this petition to the Board of'County Commissioners with a recommendation of approval subject to two conditions: The hours of oPeration shall be from 7:00 a.m. to 9:00 p.m. - Monday through Friday. The total school enrollment shall not exceed 30 students. Chairman Wesloski asked if there were any queStions for Mr. Flores. Mr, Matthes asked Mr. Flores if the hours.of operation as stated in the packet, 7:00 p.m. to 9:00 p.m., was a typo. Planning & Zoning Commission/ Local Planning Agency August 19, 1999 Page 3 to 9:00 p.m. Chairman WesloSki asked if the applicant was present and would like to address the Board. Mr. David Cleveland, i:00 .Avenue A, SuRe 2E, FOrt Pieme, Cleveland stated .that he is the' agent 'for Assembly-of God Faith has addressed his only concern, thehoUrs'of operation, :He stated that he e~oneous listing of 7:-00 p.m;.m'9:00.p:~m...Which..., is.too restrictive-.for~their needs, were any question's he' woUld be ~happy to answer them. ~ Mr. Lounds asked ~. Cleveland if the school enrol~ent will be limited to 30 s~~ and whether future expansion might occur. Mr. Cleveland stated that the facilitY intended to'be constructed has students. !fthe.church were to increase the number or'students, of the facility. Chairman Wesloski asked if'them were any further questions for Mr. Cleveland. .of 30 At :.this time, Chai~~ Wesloski .opened the public potion of the hearing. Chairman Weslos~ asked if there was anyone that would:like to-speakin fav0rOf°r in opposition to this petition. I-Iearing no further arguments in favor of or 'in opposition to the petition, C an Wes!osk closed the public portion oft:he hearing. Chain.an WeSloski .asked what would be the pleasure of the Bo~d. .the ~standards ofreView.~ set fo~h in Section 11,07.03, Mr. Merritt moved that the Pl~ng .~d ZO~ng Board of County .Commissioners .~ant approval to the application of Temple Church (David Use · ~,· t1 services and facilities in the ~ :(Religious Dmme . with the conditions placed 'by staff. and ~ Co~ty educational along Mr. McCurdy seconded the motion. Chairman Wes!oski asked if there was .any discussion. Upon roll call, the motion was approved 8-0. Planning & Zoning Commission/ Local Planning Agency August 19, 1999 'Page 4 Chairman Wcsloski stated that the petition would be forwarded to the Board of County Commissioners with ~a ~recommcndation of approval. Planning & Zoning Commission/ Local Planning Agency August 19, 1999 Page .5 PUBLIC HEA~NG SURF 'N SAND PROPERTIES' INC' FILE NO' PA-99'002 Chairman ~WesloSki convened the Board as the Local Planning Agency. Mr..Kelly addressed the-BOard stating that the applicant was not present. At this .time, 'Chai~an .Wesloski opened the public potion of:the ~hearing. Mr. Lounds made 'a motion m continue' this .item until September 1.'6, 1999, ~at 7:00 p,m. or as soon thereafter as possible. 'Mr. ~Grande .seconded the motion. Upon roll call, the motion, was approved 8,0. Mr. Kelly addressed -the Board stating that :the .applicant had arrived. Mr. Lounds made the motion.to rescind the .motion to.continue. Mr. Grande seconded themotion. Upon roll call, the motion was approved 7-1, with Mr. Moore voting against'the motion. Ms. Cyndi Snay presented staff comments. Ms, Snay stated'that she was presenting the petition ~of Surf N~.San,' Future Land Use Map by.changing the Land Use ~Desi~ation for property State Road A-1-A from COM (Commercial) to ~:-(Residential MediUm)'. ,amend the at 300.0 North Ms. Snay stated.that the purpose of the Change in Future L~d Use-Desi on 'is to cons~ct a residential high-rise condominium. ._. .. Ms. Snay stated that the property to the no~h, the S~ds Condo~mm, Condominium are desi~ated with'~RM (Residential Medim)'Land to the west, Sands Plaza is COM (C°~ercial) and to the ~east, .is the the Atrium that Ms. Snay stated that Residential Medium Land Use Designation du/acre. She stated that at the time of site plan approval, the applicant will not the maximum density. density of 9 Ms. Snay stated .that staff has .reviewed this petition and' determined 'that. k conforms with the Planning & Zoning Commission/ Local Planning Agency August 19, 1999 Page 6 standards of review as set forth in: the St. Lucie COunty Land Development Code and is not in Conflict with the GOals, ObjectiVes, and :PoliCies of the St. Lucie CoUnty Comprehensive Plan, State Comprehensive Plan, and the Treasure 'Coast Regional Planning Council Strategic Policy Plan. Staff is, therefore, yoU forward this petition to the Board of County Commissioners with: reval. Chairman Wesloski asked if there were any questions for Ms. Snay. Mr. Merdtt asked Ms, Snay whether or not the petition included the commercial properties on both sides of'A-1-A. ~ Ms. Snay stated, that ~the proPerty under consideration was the commercial site.east of A-1-A. Mr' Grande asked~Ms. Snay whether.or.not the applicant has'been spoken with regarding the total number of units. - Ms..Snay stated ~that at the time .of site plan approval, the total number of units for the subject site would'be identified. She.stated that under the proposed land.use designation the maximum permitted is 9 du/acre. Mr, Grande .asked Ms, Snay if.the applicant was aware of the alternative development, fee. Ms. Snay stated that the applicant is the developer of the Atrium Condominium. She stated that he has a copy of the .HIRD Zoning District regulations and, therefore, is aware of the alternative development fee. Mr. Lounds asked Ms. Shay to review the density issue. Ms. Snay stated ~that-the ~ (Residential Medium) Land Use Designation allows.for a maximum density of 9 du/acre. Mr. Grande asked'.Mr. Kelly if the developer knows that the Alternate Development Fees are in addition :to the regular impact fees. Mr. Kelly stated that the alternative deVelopment fee kicks in for units above a certain percentage, he believes the number is nine. He' stated that either the Alternate Development Fee or the impact fee is paid, it is not in addition to 'the. impact fee. Mr. Kelly stated that the Alternative Development Fee is more than the impact fee. He stated that for examltqe, for the firSt x units (whatever it calculates out), the impacts fees are paid. For.units after 'that, the Alternate Development Fee, which 'is a larger number, is paid. Mr. Grande stated that he had the opposite perception, that on North Hutchinson Island the. Altemate Development Fee is-lOwer than the impact fee. He stated that he saw nothing in the Alternate Planning & Zoning Commission/ Local Planning Agency August 19, 1999 Page 7 it is intended to be [ to reduce the impact fee.. Mr. 'Kelly.stated that at this time it'is not a relevant issue, because it comes ~: ~~e..pl~.process. He.-stated ~that he woUld check.it, out, prior to site plan "approval. Mr. Grande confirmed that it was a mute point.at this time. Chairman Wesloski asked if the :appliCant was presem'and would like to .addreSs the Board, . - · S~f.N~S~., Pmpe~ies, Inc,, Mr, Mitchell MalVan,~President of, '~ ~ d stated that he is the owner of the pmpe~y being considered tonight. property is located in an ~ea where primarily residemial high-rise bui!dings as ~well as ~o .adj acent.p~cels directly north stated that the Mr.. Ma!wan stated ~that .there was. not :a ~eat need fo.r~.a restaurant or vicinity~. 'He stated~that the parcel directly across the street couple of restaurants, Mr. Malvan stated that there' property and, therefore, they :are requesting a Change in the Land Use of this parcel. Chairman Wesloski askedif there were any~qu'estions for Mr, Malvan. Mr, Grande,asked ~Mr, Malvan what the acreage of the.parcel is. Mx~ ~.. Malvan stated ~that the previous p!atting~indicated a 4.2 acre site.. h~ been completed~d shows'With beach ~ren°ufis.' ~hmem and-the se~ling of the grown to .almost five acres. Mr. Grande stated that the'increase in property .size would justify'the.44~ s,: · Mr. ~Lounds asked Mr. Malvan to explain 44 units on 4.2 acres .of land. a new survey the Mr. Malvan stated that the Mean High Water Line has .been deposit of sand and build up 'of property. The su---------~eyor then fixed the' qualifies the~9 d~acre. Mr..Lounds asked Mr. Malvan if this occurs only-on .North Hutchinson !s~ ~and .not South Hutchinson Island. Mr. Malvan stated that South HutChinson Island, 'because-of its location, ~ south of the jetty, has been Planning & Zoning Commission/ Local Planning Agency August 19, 1999 Page. 8 losing sand, and that sand-has been building up naturally on North ~Hutchinson Island. Mr. Matthes stated that it is not actually the sand from South Hutchinson ISland that is building up, it is a natural movement of sand from the north part of Florida south. Ms. Dreyer .asked Mr,. Flores if the .ownerShip of the property is in question. Mr. Flores .stated .that the property was bought by Mr. Malvan's company three years ago, and this has been verified through the Property Appraiser's office. At this time, Chai.rman Wesloski opened.the public portion of the heating. Chairman WesloSki ~ked if there was anyone that wOuld like to speak in favor of or in opposition to this. petition. Hearing no further arguments in favor of or in opposition to the petition, Chairman Wesloski closed the Public.portion 'of~the hearing. Chairman Wesloski asked what would be the pleasure of the Board. After considering the testimony presented d~ng the public hearing, including staff comments, Mr. McCurdy moved that the Local.Piing Agency ofSt. Lucie County recommend that the St. Lucie County Board of County Co~issioners grant approval to the application of Surf 'N Sand Properties, Inc. for .a Change in Future Land Use Designation from.COM '(Co~ercial) to 'RM (Residential Medium). because it fits in With the character of the neighborhood, it effectively down zones the commercial, :and .alloWs for a better ~use ofthe site. Mr. Grande seconded the motion. Chai~an Wes!oskiasked if there was any discussion. Upon roll call,. 'the. ~motion was approved 8-0.' Chairman Wesloski stated that the petition would be forwarded to the 'Board of County Commissioners with :a recommendation of approval. Planning & Zoning Commission/ Local Planning Agency August 19, 1999 Page 9 PUBLIC HEARING FILE NO. RZ-99-020 'Chairman Wesloski stated that 'the Board~. will. nOw reconvene as the~ Pf. · ,. · ng and Zoning Commission Mr. Kelly addressed 'the Board stating that the applicant was not~ -present,. At this :time, Chairman Wesloski Opened the public portion .of the hearing. assoon Mr. McC~dy made am°ti°n t° continuetMs.item .until September 16, 19.99, at 7:00 p~m. or thereafter as possible. Mr. Grande secondedthe motion. Upon roll call, :the motion was approved 8-0. Mr. Kelly ,addressed the Board stating that the applicant had arrived, Mr. McCurdy :made the motion. 'to rescind the motion to.. ~ continue. Mr, Grande seconded the motion. Upon roll call, the motion ~was approved 8~'0. Ms. Cyndi Snay presented staff comments. Ms..Shay stated that she was presenting the petition of surf 'N in Zoning ~om the CG (Co~emial,-General) Zoning DiStrict to Residential District)~Zoning District .for: property located at 300C for a Change ISland -A. Ms. Snay stated- CondomiMm ~e. ~designated with (HutChinson ISland She stated that to the west, is CG (Co~ercial, General).and to the east, Ocean. will-allow ation. .Ms. Snay ~stated that~ the HIRD (Hutchinson island the development of residential property at the.maximum density of the Land Ms. ~Snay stated that the request'Of the applicant is consistent with the existing land uses of.the · surrounding properties and the character ~of the area. She stated that this request will not result in significant adve~se .impactS on the natural enviroment and is not in conflici With public imerests. Planning & Zoning Commission/ Local Planning Agency August 19, t 999 Page 1.0 .Ms. Snay.stated that staff..h~ reviewed this-petition and determined 'that it-conforms with the standards of review as set forth in the St. Lucie County Land Development Code and is not in conflict with the St. Lucie~COunty Comprehensive.Plan. Staff is, therefore, recommending that you forward this petition to the Board of County Commissioners with a recommendation of approval. Chairman Wesloski asked if there were any questions for Ms. Snay. Chairman WeSloski asked ifthe applicant was present and would 'like to address the Board. Mr. Mitch~Malvan, President of Surf 'N Sand Properties, Inc., addressed the Board, Mr. Malvan stated that he is the owner ofthe~property being c°nsidered,tonight. As stated by staff, this is-a petition to rezone property from CG (Commercial, General) to HIRD (Hutc~nson Island Residential District) Zoning District. :Mr. Merritt asked ~. Malvan 'what the proposed'height will be for the-condominium ~unit. Mr. Malvan stated ,that it will be approximately 113 1/4 feet, the same height as the Atrium, measured from the flood plain to.the top of the roof slab. Mr. Men'itt asked.Mr. Malvan wha the price range for the units will be. Mr. Malvan stated at.this time, they ~e not quite sure of the construction cost and this will 'determine the pricing. Mr. Grande asked Mr. Malvan if he was aWare of the North Hutchinson Island Alternative Development Fees and ~at may 'affect the development.'of the property. He stated that it may be a significant amount, somewhere :between $80,000 - $i00,000 and suggested that this should be discussed with staff. Mr, Kelly stated Ms. Shewchuk had found-the :proper references since the prior hearing and that any road impact fee paid pursuant to Section 1-17-30 of the Code of Ordinances of St. Lucie County, shall be credited against ~the apPlicable Alternative Development Fee as set forth in Section 3,01.03.AA(7)(c). Therefore it is oneor the Other. He stated that the Alternative Development Fee for North iHutchinson Island is $2,336,00 per unit, that is in the same range and magnitude as the impact fees. . Chairman Wesloski.asked if there were any questions for Mr. Malvan. At this time, Chairman Wesloski opened the public portion of the heating. Chairman Wesloski asked if there was anyone that woUld like to speak in favor of or in opposition to this petition. Hearing no further arguments in favor of or in opposition to the petition, Chairman Wesloski Planning & Zoning Commission/ Local Planning Agency August 19, 1999 Page 11 closed.the public~ ~portion of the hearing. Chairman Wesloski .~ked What would be the ~Pieasure of the BOard, ~ lre standards .of review as.~set . Grande m°ved,that and ode, County .for a andis gener~ Mr. McCurdy: seconded the motion. Chairman Wesloski .asked if them'was any .discussion. Upon roll call the motion was approved 8-0. Chairman Wesloski stated that :the petition would be fo~arded t° the Board of County Commissioners with a recommendation of approval, Planning &'Zoning Commission/ Local Planning Agency August 19, 1999 Page 12 OTHER BUSINESS: Chairman Wesloski .asked.if there Was any-other business. Chai~~ WeslosM asked Whether or not the Board had received the very nice 'letter concerning Mr, Kelly and Jo~ Ri'ley, regarding their hard work on the ComprehensiVe Plan. Chairman Wesloski stated 'that :she personally did not want to receive the B'o~d of County Commissioners Minutes in her packet. She further requested those members that did not want to receive the minutes ~to let Ms. 'Riley know ~or if only those minUtes in relationship to what the Board does, to also contact Ms. Riley. Chai~an WesloSh' asked what Board members required the.minutes, Ms.. Dreyer'stated she would like to receive the.~minutes,~ Mr. Grande stated he would like to continue to receive the :minutes. Chaman Weslosh, cl~.fied and it was confirmed that-only those minutes that.pertain to 'the action of the. Board were necessary. · Mr. Lounds asked.Mr. Kelly if there are a lOt of land locked parcels in the County. Mr. Kelly stated that there are a nmber of parcels located within the County ~om actions that previously toOk place in the County. He stated that they are primarily in areas ofold plats. Chairman Wesloski asked Mr. Kelly if the Board would be doing another Comprehensive Plan meeting soon. Mr. Kelly state.d that the Capital Improvements Element 'would need.to be dealt with at sometime. ~. Kelly stated that he currently is attempting to put the individual sections of the plan together into a .unified document. He stated that this is necessa~ to figure out how you' pay for the recommendations. · · - ~ Mr. Me~tt asked ~Mr. Kelly why the MPO selected 25~ Street as their number one priority to four- lane since no.concurrency had been invOked, but was invoked :on Midway Road. Mr. Merritt asked, "Mr 25th -. Kelly. why. ~ Street takes precedence over Midway Road?" Mr. Kelly stated that 25th and Mid~av t...~. ~. ..... .... y net~ oeen cons~cterect as a package and they are being looked m together. ~. Kelly stated, that 25t~ street is a critical link between Fort Pierce ~nd Port St. Lucie. Mr. Merritt stated that the rationale d ' ~ oesn t make sense. Chairman Wesloski stated that there appeared to be someone in the audience who would like to ask a question. Planning & Zoning Commission/ Local Planning Agency August 19, 1999 Page 13 Mr.. Kelly stated that he spoke~bfieflY to the ladies in the audience and informed them that he would speak with themagain at the end of the meeting· ~ ':~' Ms. WesloSki asked Mr. Kelly if it was regarding .something the Bo~d had already acted on. Mr. Kelly stated that the ladies'were concerned about.who of God Faith Temple Church: pmpe~y, ~they thought.., they...owned 'the property. Mr, staff will verifY who owns .the prope~y. Chairman Wesloski re~estedthat Mr.· Kelly speak with the ladies and ensure. . : ... ~ the~ property~ is actually owned by AssemblY~.of God Faith Temple Church. .. Mr. Kelly stated that the petition would not go forward until the ownership.ofthe.~erty is cle~ly delineated.. Mr, 'Kelly stated that~after speaking with the :~o ladies it was ~determined .that ~~:acmalty own'the property next .door. There being no further business, ~the meeting adjourned at 7:46 p.m. Planning & Zoning Commission/ Local Planning Agency August 19, 1999 Page 14 St. Lucie County Planning and Zoning Commission/Local Planning Agency Regular Meeting St. Lucie County Administration Building- Room 101 August 19, 1999 7:00 P.M. AGENDA CAIJ TO ORDER: A. Pledge of Allegiance B. Roll Call C. Announcements D. Disclosures AGENDA ITEM 1: MINUTES OF THE JUICY 15, 1999, MEETING Action Recommended: Approval Exhibit #1: Minutes of the July 15, 1999, Meeting AGENDA ITEM 2' FILE NO. RZ-99-013, JOSEPH E. HERNDON Petition of Joseph E. Herndon, for a Preliminary Planned Unit Development.Approval, and a Change in Zoning from the AG-5 (Agricultural - 1 du/5 acres) Zoning District to the PUD (Planned Unit Development- Hemdon Estates) Zoning District. Staff comments bY Hank Flores. Action Recommended' None Exhibit//2: Staff Memorandum AGENDA ITEM 3: FII~E NO. CU-99-006, ASSEMBI~Y OF GOD FAITH TEMPLE CHURCH Petition of Assembly of God Faith Temple Church (David Cleveland, Agent), for a Conditional Use Permit to allow Educational Services and Facilities in the RF (Religious Facilities) Zoning District. Staff comments by Hank Flores. Action Recommended: Forward Recommendation to County Commission Exhibit//3' Staff'Report and Site Location Maps AGENDA ITEM 4' FILE NO. PA-99-002, SURF'N SAND PROPERTIES, INC. Petition of Surf'N Sand Properties, Inc., for a Change in Future Land Use Designation from COM (Commercial) to RM (Residential Medium). Staff comments by Cyndi Snay. Action Recommended' Forward Recommendation to County Commission Exhibit//4: Staff'Report and Site Location Maps Planning and Zoning Commission Agenda August 19, 1999 Page 2 AGENDA ITEM 5: FII~E NO. RZ-99-020, SURF'N SAND PROPERTIES, INC. Petition of Surf'N sand Properties, Inc., for a Change in Zoning from the CG (Commercial, General) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District. Staff comments by Cyndi Snay. Action Recommended' Forward Recommendation to County Commission Exhibit #5: Staff Report and Site Location Maps OTHER BUSINESS: Other business at Commission Members' discretion. Next regular Planning and Zoning Commission/Local Planning Agency meeting will be held on September 16, 1999, in Room 101 of the St. Lucie County Administration Building. ADJOURN NOTICE: All proceedings before the Planning and Zoning Commission/Local Planning Agency of St. Lucie County, Florida, are electronically recorded. If a person decides to appeal any decision made by the Planning and Zoning Commission/Local Planning Agency with respect to any matter considered at such meeting or heating, he will need a record of the proceedings, and that, for such purposes, he may need to insure that a verbatim record of the proceedings is made, which record includes the teStimony and evidence upon which the appeal is based. Upon the request of any party to the proceedings, individuals testifying during a heating 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. Any questions about this agenda may be referred to the St. Lucie County Planning Division at 561/462-1586. PLANNING & ZONING PACKET CONTENTS COLOR CODE CONDITIONAL USES - BLUE REZONINGS - PINK PLAN AMENDMENTS - GREEN MOBILE HOMES - YELLOW ORDINANCE - WHITE · Master Agenda (Get order of Agenda from Planner) Copy of Previous Month's Minutes Staff Comments Memorandum (per petition) A) Copy of Transparency (location map first- per petition) B) Detailed Agenda (per petition) C) List of Adjacent Property Owners (per petition) 113) Legal Ad Affidavit EACH OF THE FOLLOWING RECEIVE A PACKET' EACH of the nine P& Z Members IF:'lanners (Hank and :Cyndi) Linda Pendarvis Planning Manager (David Kelly) Board of County Commissioners (5) Community Development Director (Julia Shewchuk) Assistant Community Development Director (Dennis Murphy) Assistant County Attorney (Jim Lancaster) County Administrator (Mr. Anderson) & Phil Freeland Conner Cornsultants (fax Agenda to Karen @ 465-9904) Deig hah APpraisal Property Acquisition Manager (Don Cole) DOn :Cooper, City Manager (City of Port St. Lucie) Mazella Smith (City of Fort Pierce) PresS/Public Box Southern Real Estate Group Inc. (344-0166) (fax Agenda to Amanda @ 337-9774) Secretary Copy and mail staff comments to the Petitioner TOTAL. OF 32 FULL PACKETS Mail agenda only to: Terry Hess Treasure. Coast Regional Planning Council 301 E. Ocean Boulevard, Suite 300 Stuart, FL 34994 Charlie Scholnover SUNTRUST BANK/TREASURE COAST 111 Omnge Avenue Fort Pierce, Florida 34950 Dave Melnick 120 Estia Lane Port St. Lucie, FL 34983 Wynne Building Corporation' Rev. 6/99 - h:\wp\wp\p&z\pz-docs\packet, pz HP OfficeJet Personal Printer/Fax/Copier/Scanner Fax History Report for St. Lucie County FlOrida 4621581 Aug 13 1999 10:17am Date Tim~ ~ identification Duration Pages Result Aug 13 10:16am Sent 93379774 0:51 2 OK Result: OK - black and white fax OK color- color fax HP OfficeJet Personal Printer/Fax/Copier/Scanner Fax History Report for St. Lucie County Florida 4621581 Aug 13 1999 10:18am Date Time_ Type Identification Duration Pages..Result Aug 13 10:17am Sent 94659904 1:05 2 OK .Lg ' I ...... t I .' C ..... t .... 1~' .. I1~ ........ ", ' It .... I ..... I I . _ . . ' . . "": . ' . . : .' ..' ..' % . '' ..'. .... ; ' : Result: OK - black and white fax OK color- color fax HP Office Jet Personal Printer/Fax/Copier/Scanner Fax History Report for St' Lucie County Florida 4621581 Aug 19 1999 9:48am Date Time_ Type Aug 19 9:46am Sent ....... · ,. , . . ,...._ ..... .. ....,....! , ~ . , , ,,_. .,,, Identification Duration Pages Result 94688688 ..~.~ ~..~.~. ,~,,~ : ~.,~:'~-,~1:58 2 OK ._ . ", ~ .,, ,,, ,, , , , , , , , .... t .......... ~ . .' Result: OK - black and white fax OK color-, color fax PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY ST. LUCIE COUNTY, FLORIDA JULY 15, 1999 - REGULAR MEETING MINUTES BOARD MEMBERS PRESENT: Stefan Matthes, Carson McCurdy, Noreen Dreyer, Charles Grande, Albert Moore, Diana Wesloski BOARD MEMBERS ABSENT: Ramon Trias, Ed Merritt, Ed Lounds (all excused) OTHERS PRESENT: Heather Young, Assistant County Attorney; Julia Shewchuk, Community Development Director; David Kelly, Planning Manager; Hank Flores, Planner III; Cyndi Snay, Planner II; and JoAnn Riley, Planning Technician PLEDGE OF ALLEGIANCE' The Pledge of Allegiance was led by Chairman Wesloski ANNOUNCEMENTS: Mr. Kelly stated that he had two announcements' Mr. Kelly stated that the Drainage and Natural Groundwater Aquifer Recharge and Solid Waste Sub- Elements have been provided to the Board tonight for the July 29th meeting. These Elements have also been provided to the Study Group, The Potable Water and Sanitary Sewer Sub-Elements will also be provided to the Board and the Study Group next week. Mr. Kelly stated that he would like to comment on Agenda Item #8, Joseph E. Hemdon, for a Preliminary Planned Unit Development Approval, and a Change in Zoning from the AG-5 (Agricultural - 1 du/5 acres) Zoning District to the PUD (Planned Unit Development - Hemdon Estates) Zoning District. Mr. Kelly stated that the Board has before them a request from representatives of the project to postpone the public hearing because there are wetland issues that need to be resolved on the project. Mr. Kelly stated that he would recommend the Board use the words "continue until a date certain of August 19, 1999 at 7:00 p.m. or as soon thereafter as it may be heard" rather than the word "postpone." He stated that in order for this Board to continue the public hearing until August 19, 1999, the public hearing tonight will have to be opened. He stated that there are a number of people present tonight and he has spoken to at least one who will likely object to the continuance. Mr. Kelly stated that it has been the policy of this Board if the public hearing is opened tonight and Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 1 continued until August 19, 1999, it is the same hearing. He stated that the Board's policy has been that you speak: only once at a heating and if a hearing is continued the BOard has enforced that policY, He stated that if you speak tonight you would not be able to speak next month. Mr. Kelly stated that a comment about the postponement without the details of the project is different from discussing the project. If there is to be discussion of the project tonight, he would recommend that the Board continue with that policy. He stated that a representative of the project is here 'tonight. If people are here because they do not know what is happening :we could provide an explanation and he certainly would want to waive the role for that representatiVe so that he could make the full presentation next month. Mr. Kelly stated that he would recommend that the Board take the action to either continue or not to continue early in the meeting. He stated that if it is to be continued he believes there are a significant number of people here who could probably go home early. DISCLOSURES: Mr. Matthes stated that he has a conflict with Agenda Item #8, Joseph E. Hemdon. He stated that his employer, Culpepper & Terpening, represents the applicant, therefore, he will recuse himself from this item. Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 2 APPROVAL OF PLANNING AND ZONING COMMISSION MEETING MINUTES - REGULAR MEETING OF MAY 20, 1999 Chairman Wesloski asked if there were any additions or corrections to the minutes. There being no additions or correctiOns to the minutes of the May 20, 1999 meeting, Chairman Wesloski asked for a motion. Mr. Matthes made a motion for approval, and it was seconded by Ms. Dreyer. Upon roll call, the motion was approved 5-0, with Mr. McCurdy abstaining. APPROVAL OF PLANNING AND ZONING COMMISSION MEETING MINUTES - REGULAR MEETING OF JUNE 17, 1999 Chairman Wesloski asked if there were any additions or corrections to the minutes. There being no additions or corrections to the minutes of the June 17, 1999'meeting, Chairman Weslos}fi asked for a motion. Ms. Dreyer made a motion for approval, and it was seconded by Mr. McCurdy. Upon roll call, the motion was approved 6-0. Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 3 PUBLIC HEARING JOSEPH E. HERNDON FILE NO. RZ-99-013 Chairman Wesloski explained the Planning and Zoning Commission hearing procedures. Mr. Kelly presented staff comments. Mr. Kelly stated that as he indicated a few moments ago staff has received a request from the applicant to "postpone" this item. He stated that staff would recommend that we "continue" this until August 19, 1999, at 7:00 p.m. or as soon thereafter as it may be heard. He stated that if the Board would like a presentation or would like specific details, staff could provide such. Chairman Wesloski asked if there were any questions for Mr. Kelly. At this time, Chairman Wesloski opened the public portion of the hearing. Chairman Wesloski stated that if you have an objection to the continuance of this heating until next month (August 19, 1999) you need to come to the podium and address that issue and that issue only. Ms. Dreyer stated that she believes the Board should take public comment before the Board votes to continue. Chairman Wesloski stated only on the continuance. Ms. Dreyer stated that this is a public heating and if someone cannot be here next month the Board should probably give them the opportunity to speak. Chairm~m Wesloski stated that if someone were to speak tonight, the Board would not be able to hear their objections next month, becaUse it will already be a part of the public record. Chairman Wesloski asked if the applicant would like to address the Board. Mr. Eric Zeiss, Project Manager with Culpepper and Terpening, 2980 South 25th Street, Fort Pierce, addressed the Board. Mr. Zeiss stated that they represent Joseph E. Hemdon who would like to rezone approximately twenty-five acres from AG-5 (Agricultural - 1 du/5 acres) Zoning District to PUD (Planned Unit DeVelopment - Hemdon Estates) Zoning District to allow for the construction of four single-family homes. Mr. Zeiss stated that the four homes will be clustered together with an area of common space. Chairman Wesloski asked if there were any questions for Mr. Zeiss. Mr. Kelly stated that staff does not have a transparency of the proposed site plan and suggested that Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 4 Mr. Zeiss share the proposed site plan with the audience. Mr. Kelly stated that he believes it is important to understand there will be homes on two acres lots in an area that is zoned for five acre lots, and there will be a substantial :area that will be committed to open space. Mr. :Kelly stated that the overall density will be less th~ the five per.acre, and the PUD (Planned Unit Development) Mll require that it remain that way into the future which is conSistent with the St. Lucie County Comprehensive Plan policies. Mr. Zeiss stated that he has copies of the proposed site plan and provided such to the audience. At this time, Chairman Wesloski opened the public portion of the heating. Mr. Rodney Hall, 6303 South Header Canal Road, Fort Pierce, addressed the Board. Mr. Hall stated that he would like the Board to make a decision tonight. He stated that everyone is here, most of the residents work, and it might be difficult for everyone to come back next month. Mr. Hall stated that the residents do not have a problem with the homes being placed in a cluster. He stated that the residents do not want the property rezoned. He does not understand why the same cluster of homes cannot be centered on the property, there are twenty-five acres, make six and one- quarter acre tracts, with the cul-de-sac down the center of the property. He stated that will eliminate the residents doubts of:future growth on the parcel. He stated that once the property is rezoned to PUD (Planned Unit Development) and the residents have the fightS to build on one acre lots, you cannot turn down the rest. He stated that they do not want to deny anyone the fight to live out there. There is enough land for the Hemdons' to build four homes on six and one-quarter acre lots. Chairm~m Wesloski asked Mr. Hall if he wants the homes separated. Mr. Hall stated that there is no need for the homes to be separated, the cul-de-sac can be placed in the center of the property, put the homes in the same position on six and one-quarter acre lots, and that will eliminate growth on the remaining portion of the land because there is no telling what could happen in ten years. Chairman Wesloski asked Mr. Hall if he believes if the Hemdons' move the cul-de-sac to the center of the property that would elevate any further possible development on another owner's piece of property. Mr. Hall stated that the residents do not want this property rezoned. He stated that he would eliminate the PUD (Planned Unit Development), give the Hemdon's a variance to build these four homes on twenty-five acres and allow them to do the improvements that they want. He stated that they can still have the same subdivision, Hemdon Estates, divide the property into six and one- quarter acre lots, and everybody would be satiSfied. It could stay AG-5 (Agricultural - 1 du/5 acres) because the homes would be on six and one-quarter acre tracts and the P~ (Planned Unit Development) will not be there for future problems. Once you allow a P[~ (Planned Unit Development) to one person, you will have to give it to someone else. There are 300 acres on that same road that are tomato farms right now. Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 5 Chairman Wesloski asked Mr. Kelly to explain why it is beneficial for the PUD (Planned Unit Development) and how the 300 acres cannot be used in the same fashion. Mr. Kelly stated that Mr. Hall is correct in that if the cul-de-sac were moved to the center of the property you would have four six and one-quarter acre lots that would meet zoning. He stated that · rn ' this wOuld ~mpose on the He dons the need for a longer paved road and some additional expenses. Mr. Kelly stated that he would like to describe the PUD (Planned Unit Development) process in St. Lucie County. He stated that PUD (Planned Unit Development) is an opportunity for a developer and/or applicant to come in and say "I wish to do something that was not anticipated by St. Lucie County's Land Development Code." He stated that an example he otten uses is zero lot line homes which our Code does not allow. A developer can come in with a zero lot line, lay out all of the details, bring it to this Board and the Board of County Commissioners, and if approved becomes a brand new zoning category called PUD (Planned Unit Development) available to that property only. Mr. Kelly stated that the example before the Board tonight is that the applicant came in and stated that they woUld like to cluster the homes, they would like to include in the PUD (Planned Unit Development) a large tract which will be open space, it could be used for agriculture, it cannot be used for building homes, because it is committed as a part of this PUD (Planned Unit Development). Mr. Kelly stated that he believes the fear of the surrounding residents is that the Hemdons' will come back in several years and want to build more homes on the property. He stated that Planning staff would tell the Hemdons' they may come in and apply to build one more home, and if they go beyond that they would violate the County's Comprehensive Plan and they may not do that without a very significant application process that will be reviewed all the way to Tallahassee and quite candidly will receive a very strong recommendation of denial from staff. Mr. Kelly stated that this is an attempt by a family to build four homes on twenty-five acres, to cluster them in one portion of the property and to lock themselves into never being able to build any more than one additional home. He stated that he believes the County's roles and regulations adequately protect that one more home would be all that would be approved, certainly in any of our life times, he cannot speak forever. Mr. Kelly stated that the PUD (Planned Unit Development) specifies what will happen to the property in the future, and the only way it could change would be through a Plan Amendment and a rezoning. He stated that both of these actions would come before this Board and the Board of County Commissioners. The Plan Amendment would be reviewed all the way to Tallahassee. Mr. Kelly stated that three hundred acres divided by five equals sixty homes, that is what could be there today. It is possible to cluster those homes on two acre lots and leave one hundred eighty acres forever open space, and he does not know if the residents would object to that type of a plan. The impacts on the County and how it affects all of us, tend to be the same, if we have sixty homes on two acre lots or sixty homes on five acre lots. Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 6 Mr. Kelly stated that if this PUD (Planned Unit Development) is approved the Future Land Use DeSignation on this property will stay AG-5 (Agricultural - 1 du/5 acres), so there is no way that more density than fiVe homes on twenty-five acres could be there. Mr. Hall stated that he appreciates Mr. Kelly's comments. He stated that they are present tonight to stop the change in zoning, they do not want a PUD (Planned Unit Development) in the area. He stated that if the Hemdons' can build in AG-5 (Agricultural - 1 du/5 acres), then let it happen. Mr. Kelly stated that the only way the Hemdons' could build in AG-5 (Agricultural - 1 du/5 acres) would be to slide the cul-de-sac to the middle and leave the open space on both ends for six and one- quarter acre lots. He stated that this is a solUtion, but it is not the solution that the Hemdons' have chosen and they have the fight to ask. Mr. Hall stated that he believes there is a wetland in the area where one of the homes is to be constructed which would cause the cul-de-sac to be moved. Mr. Kelly stated that is why the request for the "postponement" came in, because the Hemdons' need to look at the design and figure out how to work around that situation. Mr. Hall stated that if the cul-de-sac were moved down, with six and one-quarter acre lots, with the same design of homes built in the cul-de-sac, the residents would not argue at all, and it would eliminate the possibility of the fifth home. Chairman Wesloski stated that the proposed site plan could change prior to the next meeting due to the wetland question. Mr. Kelly stated that if the Board were to consider this petition tonight, the proposed site plan that has been submitted would have to be considered. The drawing has a significant problem with a wetland, the applicant has asked for time to research and deal with the wetland, and come back, and staff believes that is a reasonable request. Chairm~m Wesloski stated that she would like to take an uncommitted poll of the Board as to their willingness to continue this because of the ambiguity of a possible wetland. The members of the Board were all in favor of a continuance. Mr. Moore stated that the continuance may benefit Mr. Hall and the residents as well as the Board in making a decision tonight and he understands Mr. Hall and the residents have to work. Chairman Wesloski stated that an official vote did not take place, but is seems sensible to continue this petition. Chairman Wesloski stated that if you have an objection to the continuance that is what should be addressed at this time. Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 7 Mr. Kelly stated that anyone who could not be present next month should also come forward at this time. He stated that if you speak tonight you will not be able to speak next month. Mr. Michael Reese, 6395 South Header Canal Road, Fort Pierce, addressed the Board. Mr. Reese . stated that a continuance should :not happen. He stated that people work and it was hard for the residents to get together as a community to be present tonight. He stated that he has been in the construction field, prints change, and lands change. Mr. Reese stated that he does not believe it is sensible to postpone this hearing. He stated that everyone that will be affected by this is here tonight. Letters were not sent to residents about the postponement, because letters were drafted too late, which does not leave residents time to talk as a community and prepare, it is all thrown on the residents at the last minute. He stated that he would urge the Board to consider not postponing this for the residents, whether they can:make it next month or not. The residents just want this settled tonight. Chairm~m Wesloski stated that if you would like to speak on this issue this evening because you feel that you. may not be able to attend next month, the :microphone is open for you. Chairman Wesloski stated that she would urge the public to understand that there is a possibility of changes and if you speak during the public heating this evening that would be your time. Chairman Wesloski asked if there was anyone else who would like to speak. Mr. Eric Jackson, 17025 Hammock Lane, Fort Pierce, addressed the Board. Mr. Jackson stated that he moved to this area for the nature and country and he does understand PUD (Planned Unit Development). Mr. Jackson asked Mr. Kelly how many homes can you pack into a PUD (Planned Unit Development). Mr. Kelly stated that PUD (Planned Unit Development) is a special zoning category that allows a developer to specify what he is going to do, with ground roles established by the County. The Land Development Code is the starting point. The absolute limit is the Future Land Use of the property which is AG-5 (Agricultural - 1 du/5 acres). The Future Land Use and the Zoning District on this parcel a~re the same designation, The State mandated Land Use Plan shows AG-5 (Agricultural - 1 du/5 acres) and we have told the State that we will not have more than one dwelling per five acres on this parcel. Mr. Kelly stated that if there are twenty-five acres in that parcel, the PUD (Planned Unit Development) would allow them to take five homes, which is the number they could have under the existing zoning, the PUD (Planned Unit Development) would allow them to cluster them in some other manner, but the absolute limit on the number of homes is five, no matter how they put them in. Mr. Jackson asked Mr. Kelly one home per five acres. Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 8 Mr. Kelly stated that that is the limit on the number. PUD (Planned Unit Development) would allow them to be clustered differently. Mr. Jackson asked Mr. Kelly what Can the PUD (Planned Unit Development) turn into. Mr. Kelly stated that the PUD (Planned Unit Development) is always tied to and bound by the Land Use Designation which will still be AG-5 (Agricultural - 1 du/5 acres). The PUD (Planned Unit Development) cannot be any more dense than AG-5 (Agricultural - 1 du/5 acres). Mr. Jackson asked Mr. Kelly why the property cannot be left the way it is. Mr. Kelly stated that the Hemdons' have asked to have four two-acre lots and a big open field, instead of having five or more acres in each lot. Mr. Jackson asked Mr. Kelly if this is because of the cost of the road. Mr. Kelly stated that the cost of pavement is expensive per linear foot and may have been a factor. Mr. Jackson stated that he is not against anything that is going on. Mr. Jackson stated that his question is: Why? Is it pavement? Is there some type of underlying situation going on where they could pack in more homes per acre? Mr. Kelly stated that he could never say absolutely not, because conditions change. Mr. Kelly stated that it will not happen in any of our life times, because this County will enforce one home per five acres for that large western area, and that Land Use Map will stay the same. Mr. Kelly stated that this Board is currently, in another venue, looking at the St. Lucie County Comprehensive Plan. He stated that this Board has reviewed that map and no one has made any effort to change to have more density anywhere out west. Mr. Jackson asked Mr. Kelly if he can guarantee that. Mr. Kelly stated that he cannot guarantee that forever, no one can. He stated that the whole land use out west could be changed and the zoning could change for the whole western part of the County. Mr. Kelly stated that he does not believe that is going to happen. Mr. Jackson asked Mr. Kelly if someone were to propose a big development or other homes near him, would this same scenario happen again. Mr. Kelly stated yes, it could. Mr. Jackson asked Mr. Kelly if the residents would have to come back and fight again, if the Hemdons' say they want to put in more homes for other family members. Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 9 Mr. Kelly stated that for a moment he will make the assumption that Mr. Hemdon has come in and stated that he would like four more homes on the big open parcel for his other family members. Mr. Kelly stated that Mr. Hemdon will end up in the Planning Conference Room and will be told his proposal violates the State mandated Comprehensive Plan, staff cannot take the proposal to the Planning and Zoning Commission or the County Commission until the Comprehensive Plan has been modified and that will take nine months to a year to get through the application process. Mr. Hemdon will face a very strong recommendation of denial from staff because it will be an absolute spot change out in the middle of nowhere, and he believes there is no chance'of getting it through the Department of Community Affairs in Tallahassee. That is the message he :would deliver to Mr. Hemdon. Mr. Kelly stated that some applicants would say thank you for the advice and file the application anyway. Staff'would recommend against the application, it would come before this Board and the Board of County Commissioners to determine whether it should be transmitted to Tallahassee. He stated that he believes this Board and the County Commission would say no. Mr. Jackson asked Mr. Kelly what if staff, this Board, and the County Commission are not here. He stated that he appreciates the information provided by staff. He stated that it can happen, it is set- up to happen. He would like to hear Mr. Hemdon's thoughts regarding future homes on the property. Ms. Patricia Hemdon, 409 Easy Street, Fort Pierce, addressed the Board. Ms. Hemdon stated that the agenda for this property is family, a family that has lost a father. She stated that they decided they want to live together and purchased this property. They want to zone the property so that they can have their homes close together and the rest of the property for agriculture. Ms. Hemdon stated that they plan to build four homes and have no plans in the future to build any more. The fourth home will be a "community house" with a pool, where special events like family reunions can take place, so everyone will not have to stay at their homes. She stated that these homes are not going to be small, they are going to be very nice homes and it would definitely up the property value. Ms. Herndon stated that there is no future in wanting to build more homes, this is their property, for their personal use, there is no further intent. Ms. Barbara Sinbine, 17275 Hammock Lane, Fort Pierce, addressed the Board. Ms. Sinbine stated that the problem she has is trust. She stated that she purchased her property and built a nice home. Before she built her home she did not go in and dump mass amounts of garbage and trash on the property she was going to build on. She stated that for months now, there have been trucks bringing in mass amounts of garbage, which they have been trying to track rapidly back out the last few days. Ms. Sinbine stated that if the Hemdons' really cared about this property they would not have put garbage and trash all over it. She stated that she and the other residents worry that they are going Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 10 to have something other than :four homes on this property, because they do not trust the Hemdons' to take care of the property, the way they have taken care of their property, they are :proud to live there. She stated that they are very proud people who like their country living, they are proud of their property and they wish the Hemdons' were as proud of their ~property. Ms. Sinbine stated that they do not want a PUD (Planned Unit Development). If the Hemdons' can change the proposed site plan to avoid the wetlands that they have been throwing garbage into, then maybe this can be worked Out. As long as the residents do not trust what is going on, the residents do not want this done. Chairman Wesloski asked if there was anyone else who would like to speak that possibly will not be here next month, or to object to the continuance. Hearing no further arguments, Chairman Wesloski closed the public portion of the hearing. Chairman Wesloski asked what would be the pleasure of the Board. Mr. McCurdy made a motion to continue this petition to the August 19, 1999, meeting. Mr. Moore seconded the motion. Chairman Wesloski asked if there was any discussion. Upon roll call, the motion was approved, 5-0. Chairman Wesloski asked Mr. Kelly once the proposed site plan has been amended if staff could contact a representative of the community to let them know that it is available and/or if there are any further changes. Mr. Kelly stated yes and asked if there is a representative of the community that would like to volunteer. Mr. Kelly stated that Mimi Smith has volunteered to be the representative and asked Mr. Kelly if residents would receive a new letter. Mr. Kelly stated that beCause this hearing has been continued to a date certain of August 19, 1999, at 7'00 p.m. or as soon thereafter as possible, there is no requirement for additional notice. Chairman Wesloski stated that Mr. Kelly will be in contact with Mimi Smith as soon as new information is available. Mr. Kelly stated that he will request that the applicant provide drawings on a small scale that can be distributed to the neighborhood so they will have enough copies to look at. Chairman Wesloski stated that if there are any questions, residents can contact Mr. Kelly. Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 11 Mr. Kelly stated that he can be reached at 462-2822. Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 12 PUBLIC HEARING PIPPIN TRACTOR FILE NO. RZ-99-016 Ms. Cyndi Snay presented staff comments. Ms. Snay stated that she was presenting the petition of Pippin Tractor for a Change in Zoning from the AR..1 (Agricultural, Residential - 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District for property located on the east side of Kings Highway, approximately ½ mile north of St. Lucie Boulevard. Ms. Snay stated that the purpose of the rezoning is to construct a retail tractor sales and service facility. Ms. Snay stated that the subject property is located within the MXD-Airport Land Use Designation. According to Policy 1.1.7.4 of the St. Lucie County Comprehensive Plan and the subject area would be appropriate for either Commercial or Industrial development. The proposed change in zoning is compatible with the St. Lucie County Comprehensive Plan and is not expected to create additional demands on service deliveries. Ms. Snay stated that staff has reviewed this petition and determined that it conforms with the standards of review as set forth in the St. Lucie County Land Development Code and is not in conflict with the Goals, Objectives, and Policies of the St. Lucie County Comprehensive Plan. Staff is, therefore, recommending that you forward this petition to the Board of County Commissioners with a recommendation of approval. Chairman Wesloski asked if there were any questions for Ms. Snay. Chairman Wesloski asked if the applicant was present and would like to address the Board. Mr. Joe Capra, with CAPTEC Engineering, 1870 S.E. Port St. Lucie Boulevard, Port St. Lucie, addressed the Board. Mr. Capra stated that they represent Pippin Tractor and he is available to answer any questions the Board might have about the project. Chairman Wesloski asked if there were any questions for Mr. Capra. At this time, Chairman Wesloski opened the public portion of the hearing. Chairman Wesloski asked if there was anyone that would like to speak in favor of or in opposition to this petition. Hearing no further arguments in favor of or in opposition to the petition, Chairman Wesloski closed the public portion of the hearing. Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 13 Chairman Wesloski asked if there were any questions. Chairman Wesloski asked what would be the pleasure of the Board. After considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in Section 11,06.03, St. Lucie County Land Development Code, Ms. Dreyer moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of CoUnty Commissioners grant approval to the application of Pippin Tractor, for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District because the application meets all of the requirements of the St. Lucie County Comprehensive Plan and the St. Lucie County Land Development Code, and there are no objections. Mr. Grande seconded the motion, and upon roll call the motion was approved 6-0. Chairman Wesloski stated that the petition would be forwarded to the Board of County Commissioners with a recommendation of approval. Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 14 PUBLIC HEARING ANTHONY COSCIA & SONS, L.C. FILE NO. RZ-99-018 Mr. Hank Flores presented staff comments. Mr. Flores stated that he was presenting the petition of Anthony Coscia & Sons, L.C. for a Change in Zoning from the CN (Commercial, Neighborhood) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District for 3.81 acres of property located on the west side of South State Road A-l-A, directly across from the Regency Island Dunes, phase II. Mr. Flores stated that the applicant is proposing that the subject property will complete the development of the Island Dunes Community with a residential subdivision. Mr. Flores stated that the surrounding zoning to the subject property is HIRD (Hutchinson Island Residential District) to the east. CN (Commercial, Neighborhood) to the south. CG (Commercial, General.) to the northwest. Mr. Flores stated that staff has reviewed this petition and determined that it conforms with the standards of review as set forth in the St. Lucie County Land Development Code and is not in conflict with the St. Lucie County Comprehensive Plan. Staff is, therefore, recommending that you forward, this petition to the Board of County Commissioners with a recommendation of approval. Chairman Wesloski asked if there were any questions for Mr. Flores. Chairman Wesloski asked if the applicant was present and would like to address the Board. Mr. Harold Melville, 2940 South 25th Street, Fort Pierce, addressed the Board. Mr. Melville stated that he represents Anthony Coscia & Sons, L.C. As stated by staff, this is a petition to rezone approximately 3.81 acres from CN (Commercial, Neighborhood) to HIRD (Hutchinson Island Residential District). This is the last parcel of the Ocean Dunes complex. To the south of this parcel is the Island Dunes Country Club. Across the street is the Regency Island Dunes, Phase II. Mr. Melville stated that the subject parcel was zoned CN (Commercial, Neighborhood) back in the 1980's with the original concept to have limited commercial in connection with the overall Island Dunes project. He stated that there has not been a market demand for limited commercial in the area, and with low residency in the summer, a small business just could not survive. Mr. Melville stated that the Board was provided in their packets a letter of support from the President of Island Dunes Country Club. As set forth in this letter, the Island Dunes Country Club's membership is comprised of all the residents of the Island Dunes Community, and it's Board of Directors are appointed representatives of each of the Condominium Associations in Island Dunes. As a result, they feel they are fairly representative of the Community as a whole and they are Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 15 expressing no objection to this rezoning. Mr. Melville stated that this will unify the area as a strictly residential area with the Country Club as part of the larger residential complex. He stated that HIRD (Hutchinson Island Residential District) is to the north and east, the Country Club is to the south, and this would be consistent with that. Mr. Melville stated that staff is recommending approval, and he urged the Board to recommend approval to the Board of County Commissioners. He stated that he would be happy to answer any questions. Chairman Wesloski asked if there were any questions for Mr. Melville. Mr. Grande asked Mr. Melville if there is a plan for this parcel. Mr. Melville stated that they are working on a single-family residential subdivision site plan at this time. Mr. Grande asked Mr. Melville if the RU (Residential Urban) Future Land Use is satisfactory for the plans. Mr. Melville stated yes. Ms. Dre, yer asked Mr. Melville how many residential units would be permitted on this parcel. Mr. Melville stated that he believes five per acre, for approximately 15 units. At this time, Chairman Wesloski opened the public portion of the heating. Chairman Wesloski asked if there was anyone that would like to speak in favor of or in opposition to this petition. Mr. Charles Lippincott, 8605 South Ocean Drive, Jensen Beach, addressed the Board. Mr. Lippincott stated that he owns the property irmnediately to the north of the subject project. He stated that in general he supports conversion to residential. They do have reservations and worries about density and character of the development, not described here tonight. Mr. Lippincott stated that they do .not believe that the fiver shoreline is long enough to support docks and boat access for more than three homes, not fifteen. They do believe that the tree canopy must be preserved. There is a substantial open area in the middle of the subject parcel which is suitable for development. Along the northern edge of the riverfront there are mangroves. Along the eastern two thirds of the northern boundary line are a fine collection of mature trees. Sabal palms, forty years in age, typically twelve inches in diameter. Ficus trees, including one that is fifty inches in diameter. Wild Coffee. Seagrapes, one multi-tmnked version with individual trunks of ten inches, Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 16 five or six trunks clustered together. Gumbo-Limbo, numerous ranging from .sixteen to thirty-five inches in diameter. These must be preserved and we must look to this government to secure that for US. Chairman Wesloski asked Mr. Flores if the applicant will be required to prepare a tree inventory. Mr. Flores stated that the petition before the Board tonight is to determine if HIRD (Hutchinson Island Residential District) is compatible and to determine if the petition meets the standards of review. He stated that the applicant provided a tree survey, the staff'Environmental Planner has been on-site, and has looked over the plan in an attempt to avoid the areas where the more significant vegetation exists. Chairman Wesloski stated to Mr. Lippincott that some of his concerns are being addressed. Mr. Lippincott asked Mr. Flores when more information would be available regarding these issues. Mr. Flores stated that staff'has not received a formal site plan submittal. Chairm~m Wesloski stated to Mr. Lippincott that there are roles in place that prevent clean cleating. Mr. Lippincott stated that he just wants to be on record. Mr. Grande asked Mr. Lippincott to clarify that he is not against the residential nature of the project or the project itself, that he would like to see the developer abide by all of the preservation, ecological, and environmental roles that would be imposed on him, and that he is not objecting to the development at the stated density. Mr. Lippincott stated that they would not be happy with the density stated tonight. They believe three or four homes are appropriate, fifteen is totally inappropriate. They are happy with moving from co:mmercial to residential. Chairm~m Wesloski asked if there was anyone that would like to speak in favor of or in opposition to this petition. Chairman Wesloski asked Mr. Melville if he would like to speak again. Mr. Melville stated that this is a very valuable piece of property and the issues raised by Mr. Lippincott are important to the applicant. Keeping the property looking nice is extremely important to having a high sales value and they will continue to work with staff on these issues. He stated that the issue is CN (Commercial, Neighborhood) versus HIRD (Hutchinson Island Residential District), not the site plan of the property. He believes there will be less environmental damage with HIRD (Hutchinson Island Residential District) than you would have with CN (Commercial, Neighborhood). Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 17 Chairman Wesloski asked if there were any questions. Chairman Wesloski asked if there was anyone that would like to speak in favor of or in opposition to this petition. Hearing no further arguments in favor of or in opposition to the petition, Chairman Wesloski closed the public portion of the hearing. Chairman Wesloski asked what would be the pleasure of the Board After considering the testimony presented during the public heating, including staff comments, and the standards of review as set forth in Section 11.06.03, St. Lucie County Land Development Code, Mr. Matthes moved that the Planning and Zoning Commission recommend that the St, Lucie County Board of County Commissioners grant approval to the application of Anthony Coseia & Sons, L.C., for a Change in Zoning from the CN (Commercial, Neighborhood) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District because it conforms with the standards of review and it also gives a down-zoning to the property which he believes is in the best interest of the Island. Mr. Moore seconded the motion, and upon roll call the motion was approved 6-0. Chairman Wesloski stated that the petition would be forwarded to the Board of County Commissioners with a recommendation of approval. Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 18 PUBLIC HEARING CROCE GIAMBANCO FILE NO. RZ-99-019 Mr. Hank Flores presented staff comments. Mr. Hank Flores that he-was presenting the petition of Croce Giambanco for a Change in Zoning from the CG (Commercial, General) Zoning DistriCt to the I (Institutional) Zoning District for property located at 6609 North U.S. Highway No. 1. Mr. Flores stated that the purpose of the rezoning is to establish an Institutional Residential Home. Mr. Flo:res stated that the surrounding zoning to the subject property is CG (Commercial, General) to the north, south, and east across North U.S. Highway No. 1. AR-1 (Agricultural, Residential - 1 du/acre) to the west across Turnpike Feeder Road. Mr. Flores stated that the proposed home is next to a restaurant also owned by the applicant. The subject property is currently the location ora non-conforming apartment complex. The intent of this rezoning is to allow for the establishment of an Institutional Residential Home for developmentally disabled adults. Mr. Flores stated that staff has reviewed this petition and determined that it conforms with the standards of review as set forth in the St. Lucie County Land Development Code and is not in conflict with the St. Lucie County Comprehensive Plan. Staff is, therefore, recommending that you forward this petition to the Board of County Commissioners with a recommendation of approval. Chairman Wesloski asked if there were any questions for Mr. Flores. Mr. Moore stated that the staff report reflects this is to establish an Institutional Residential Home for developmentally disabled adults. Mr. Moore asked Mr. Flores if this would come under item c as a permitted use in I (Institutional). Mr. Flores stated yes, an Institutional Residemial Home which could be a Congregate Care Facility or an Adult Living Facility. Mr. Grmade asked Mr. Flores if this potential facility is approved and licensed by HRS (Department of Health and Rehabilitative Services). Mr. Flores stated no because at this time the facility does not meet code requirements. Ms. Dreyer stated that she does not believe HRS will license the facility without confirmation of zoning. Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 19 Chairman Wesloski asked if the applicant was present and would like to ad&ess the Board. Mr. Croce Giambanco, 797 13th Avenue, Vero Beach, addressed the Board. Mr. Giambanco stated that he owns Nino's Italian Restaurant, which is adjacent to the subject property. Many residents, as well as, law enforcement know the reputation of the subject property where he rents apartments on a weekly and monthly basis. Mr. Giambanco stated that his wife and her sisters have worked in assisted .living facilities for a number of years and they would like to have their own facility. He stated that he owns the land and provided the Board with a proposed drawing of what the facility will look. He stated that they would like to provide a good facility to the community. Mr. Giambanco provided for the record a letter from Florida Department of Children & Families stating their support. He stated that he believes his facility will benefit the neighborhood, the community, and St. Lucie County. Chairman Wesloski asked if there were any questions for Mr. Giambanco. Mr. Moore asked Mr. Giambanco what size building is presently on the property. Mr. Giambanco stated approximately 3,000 square feet. He stated that there are eight apartments, which he recently remodeled to make them liveable. Mr. Moore asked Mr. Giambanco if he plans to have any more than eight apartments or expanding the building. Mr. Giambanco stated no. He stated that there will be less traffic because the residents will not be able to drive, they need assistance. He stated that the area will be secure and that he would like to make this a nice place for the residents. Chairman Wesloski asked if there were any other questions for Mr. Giambanco. Mr. Matthes asked Mr. Giambanco if he is going to convert the existing apartments to this facility. Mr. Giambanco stated yes. Chairman Wesloski asked if there were any further questions for Mr. Giambanco. At this time, Chairman Wesloski opened the public portion of the heating. Chairman Wesloski asked if there was anyone that would like to speak in favor of or in opposition to this petition. Mr. Bill Heam, who resides in Indrio, addressed the Board. Mr. Heam stated that his personal Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 20 contact with the subject property dates back to 1952 when his parents ran a restaurant and gas station at this location. He stated that Mr, Giambanco has done a wonderful job with the building and business. He takes his hat off'to Mr. Giambanco. It is a thing of beauty and the residents are proud of it on North U.S. 1. He stated that :he supports :Mr. i ' ' G ambanco s efforts if he were to do as presented here tonight with the ap~ents. He is a good businesSman, he has a beautiful property, he has taken amn down area and made something the community can be proUd of. Chairman Wesloski asked if there was anyone that would like to speak in favor of or in opposition to this petition. Chairman Wesloski asked if there were any further questions for Mr. Giambanco. Hearing no further arguments in favor of or in opposition to the petition, Chairman Wesloski closed the public portion of the hearing. Chairman Wesloski asked what would be the pleasure of the Board. After considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in Section 11.06.03, St. Lucie County Land Development Code, Ms. Dreyer moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Croce Giambanco, for a Change in Zoning from the CG (Commercial, General) Zoning District to the I (Institutional) Zoning District 'because it conforms with all of the standards of review and there being no objections to the Zoning District change. Mr. McCurdy seconded the motion. Chairman Wesloski asked if there was any discussion. Upon roll call, the motion was approved, 6-0. Chairman Wesloski stated that the petition would be forwarded to the Board of County Commissioners with a recommendation of approval. Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 21 PUBLIC HEARING MARLENE HADDEN FILE NO. CU-99-004 Ms. Cyndi Snay presented staff comments. Ms. Snay stated that she was presenting the petition ofMarlene Hadden for a Conditional Use Permit to allow a family residential home within 1,000 feet of another family residential home in the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District. Ms. Snay stated that Section 3.01.03(J)(6), RS-4 (Residential, Single-Family - 4 du/acre) of the St. Lucie COunty Land Development Code allows this type of use as a Conditional Use. Ms. Snay stated that there is one facility located approximately 650 feet from the subject property and two additional facilities located within 1,000 feet. Ms. Snay stated that the character of the area in which the subject property is located is primarily residential in nature. The use being proposed is not expected to create any additional demands on public facilities. The applicant has applied for a license to operate an adult living facility with the State of Florida. Ms. Snay stated that staff finds that this petition meets the standards of review as set forth in Section 11.07.03 of the St. Lucie Land Development Code and is not in conflict with the St. Lucie County Comprehensive Plan. Staff is, therefore, recommending that you forward this petition to the Board of County Commissioners with a recommendation of approval. Chairman Wesloski asked if there were any questions for Ms. Snay. Chairman Wesloski asked if the applicant was present and would like to address the Board. Ms. Marlene Hadden, 204 Essex Drive, Fort Pierce, addressed the Board. Ms. Hadden stated that she would like to have six residents. Chairman Wesloski asked if there were any questions for Ms. Hadden. At this time, Chairman Wesloski opened the public portion of the hearing. Chairman Wesloski asked if there was anyone that would like to speak in favor of or in opposition to this petition. Hearing no further arguments in favor of or in opposition to the petition, Chairman Wesloski closed the public portion of the hearing. Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 22 Ms. Dreyer asked Ms. Snay to explain the diagram with the houses and numbers provided in the packet. Ms. Snay stated that the numbers depict the number of family residential homes within 1,000 feet. Chairman Wesloski asked what would be the pleasure of the Board. After considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in Section 11.07.03, St. Lucie County Land Development Code, Mr. McCurdy moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Marlene Itadden, for a Conditional Use Permit to allow a family residential home within 1,000 feet of another family residential home in the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District because it conforms with all applicable codes and regulations. Mr. Grande seconded the motion. Chairman Wesloski asked if there was any discussion. Upon roll call, the motion was approved, 6-0. Chairman Wesloski stated that the petition would be forwarded to the Board of County Commissioners with a recommendation of approval. Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 23 PUBLIC HEARING DRE IDA MCNAIR FILE NO. CU-99-005 Ms. Cyndi Snay presented staff comments. Ms. Snay stated that she was presenting the petition ofDreida McNair for a Conditional Use Permit to allow a family residential home within 1,000 feet of another family residential home in the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District. Ms. Snay stated that Section 3.01.03(J)(6), RS-4 (Residential, Single-Family - 4 du/acre) of the St. Lucie County Land Development Code allows this type of use as a Conditional Use. Ms. Snay stated that there are two facilities located within 1,000 feet of the subject property. One is located 300 feet and the other is located 829 feet. Ms. Snay stated that the character of the area in which the subject property is located is primarily residential in nature. The use being proposed is not expected to create any additional demands on public facilities. The applicant has applied for a license to operate an adult living facility with the State of Florida. Ms. Snay stated that staff finds that this petition meets the standards of review as set forth in Section 11.07.03 of the St. Lucie Land Development Code and is not in conflict with the St. Lucie County Comprehensive Plan. Staff is, therefore, recommending that you forward this petition to the Board of County Commissioners with a recommendation of approval. Chairman Wesloski asked if there were any questions for Ms. Snay. Chairman Wesloski asked if the applicant was present and would like to address the Board. Ms. Debrrah Laguerre, Laguerre & Laguerre Associates, 2268 SE Longhorn Avenue, Port St. Lucie, addressed the Board. Ms. Laguerre stated that she represents Dreida McNair, She stated that Laguerre & Laguerre Associates, A Human Resource Consulting Group, is working to enhance life styles in the community. Ms. Laguerre stated that she would like to make reference to Chapter 419, Community Residential Homes, 1997 Florida Statutes, Section 419.001 (2) states "Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be deemed a single-family unit and a non-commercial, residential use for the purpose of local laws and ordinances. Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be allowed in single-family or multi-family zoning without approval by the local government, provided 1 ;' that such homes shall not be located within a radius of ,000 feet. Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 24 Ms. Laguerre stated that they are present tonight because Ms. McNair would like to open a home within 1,000 feet of anOther such hOme. Ms. Laguerre stated that she is a community advocate and has a problem with unlicensed facilities. She stated that Ms. McNair currently runs an unlicensed facility with two developmental clients. Where would they be without Ms. Nair? She has accommodated them in her home for the last three years. Ms. Laguerre stated that she would like to recommend that this Board forward a recommendation of approval to allow Ms. McNair to do what she does best, serving the developmental disabled. Chairm~m Wesloski asked if there Were any questions for Ms. Laguerre. At this time, Chairman Wesloski opened the public portion of the heating. Chairman Wesloski asked if there was anyone that would like to speak in favor of or in opposition to this petition. Ms. Miriam Warren, 602 SE Thanksgiving Avenue, Port St. Lucie, addressed the Board. Ms. Warren stated that Ms. McNair has an extensive background in caring for the elderly, she makes every effort to help anyone that needs help, she is very energetic, and she takes a sincere approach to providing services or finding a source to provide services that her clientele may need as well as her family. Ms. Warren stated that she concurs with a letter written to Ms. McNair by the State stating their frustration that Ms. McNair has not been licensed to provide services. Ms. Warren stated that Ms. McNair has a sincere interest in helping others and it is her hope that this Board would see fit to grant Ms. McNair the Conditional Use Permit so that she can be licensed with the State. Chairman Wesloski asked if there was anyone else that would like to speak in favor of or in opposition to this petition. Hearing no further arguments in favor of or in opposition to the petition, Chairman Wesloski closed the public portion of the hearing. Chairman Wesloski asked what would be the pleasure of the Board. Mr. Matthes asked Ms. Snay if the petition that was included in the packet is in support of the Family Residential Home. Ms. S nay stated yes. Mr. Matthes asked Ms. Snay if those residents who did not sign the petition were either not contacted or objected. Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 25 Ms. Snay stated yes. Chairman Wesloski asked if there were any further questions. Chairman Wesloski asked what would be the pleasure of the Board. After considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in Section 11.07.03, St. Lucie County Land Development Code, Mr. Moore moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Dreida McNair, for a Conditional Use Permit to allow a family residential home within 1,000 feet of another family residential home in the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District. Mr. McCurdy seconded the motion. Chairman Wesloski asked if there was any discussion. Upon roll call, the motion was approved, 6-0. Chairman Wesloski stated that the petition would be forwarded to the Board of County Commissioners with a recommendation of approval. Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 26 PUBLIC HEARING DRAFT ORDINANCE 99-017 Mr. Hank Flores presented staff comments. Mr. Hank Flores that he was presenting Draft Ordinance 99-017 which proposes to amend the St. Lucie County Land Development Code by amending Section 7.10.16(Q)(1 )(a)(1)(c) to provide for the clarification of common use areas to refer to public and private road fights-of-way only. Mr. Flores stated that the proposed amendment was submitted by Jacquelene E. Veach in accordance with the provisions of the St. Lucie Land Development Code. Mr. Flores stated that the petitioner would like to amend the definition of common use areas as used in Section 7.10.16(Q)(1)(a)(1)(c), to clarify that common use areas should refer to public or private fightS-of-way only when measuring the setbacks for structures on side yard comers in recreational vehicle parks. Regular lots within RV Parks are considered to be zero lot line lots. The setbacks for these lots are eight (8) feet on the left and zero (0) feet on the fight when facing the lot from the roadway. For lots which are adjacent to common use areas that are utilized for pedestrian access, the setback from the pedestrian access is a minimum of five (5) feet, regardless of whether the access is located on the left or the fight side of the lot. The petitioner is proposing that the setbacks for all lots be the same for all lots, regardless of whether or not there is a pedeStrian access adjacent to that lot. The petitioner believes that the current regulations of the St. Lucie County Land i)evelopment Code do not allow owners of lots in the Nettles Island development to fi~lly utilize the space of their lots. Mr. Flores stated that in making any amendmems to the text of the St. Lucie County Land Development Code, consideration must be given to the ramifications that the proposed change will have on the entire County and not to just one specific location. While this use may be appropriate for the Nettles Island development, it may not be appropriate for all RV Parks in the County. Mr. Flores stated that a review of the RV Parks on record in St. Lucie County and on South Hutchinson Island in particular indicates that Nettles Island is the only RV Park that has any common use areas between lOts. Therefore, the amendment to the St. Lucie County Land Development Code regulations would only directly affect the residents of Nettles Island. Mr. Flores stated that staff has reviewed the request and recommends approval of a change to the text of the St. Lucie County Land Development Code as stated in Ordinance 99-017. Chairmma Wesloski asked if there were any questions for Mr. Flores. Mr. Moo:re asked Mr. Flores what negative ramifications this could have on future RV Parks. Mr. Flores stated that he is not aware of any negative ramifications on future RV Parks. He stated Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 27 that Holiday Out and Adventure Out do not have pedestrian access between lots, He stated that this provision of the St. LUcie County Land Development Code directly affects only the Nettles Island development. Mr. Moore asked Mr. Flores if he could foresee any negative impacts for future RV Parks. Mr. Flores stated no. Mr. Grande stated that the staff memorandum states that "A review of the RV Parks on record in St. Lucie County and on South Hutchinson Island in particular". He asked Mr. Flores if he looked at the rest of the County as well as South Hutchinson Island, in that this is not going to affect anything else. Mr. Flores stated yes. Mr. Grande asked Mr. Flores how this concept (Ordinance 96-010) became a part of the St. Lucie County Land Development Code. Mr. Flores stated that he did not know. He stated that residents have requested variances from this particular provision and staff recommend denial because they did not prove a hardship. The only way around this is to amend the St. Lucie County Land Development Code. Mr. Grande asked Mr. Flores if anyone has ever identified a reason why this Ordinance (96-010) was put in place in the first place. Ms. Shewchuk stated that when this Ordinance (96-010) was put into effect, typically in the zoning ordinance and in all Zoning Districts have comer side setbacks for structures that are larger than regular side setbacks for structures. The reason for this is to provide for safety and a side distance in proximity and adjacent to public fight-of-ways to roads to provide security for the residents from the vehicles and vice versa. The same situation was put into effect in the RV Parks and this section refers only to the RV Parks where an extra five foot comer side setbacks to separate the structures from the public fight-of-way. This was also applied to pedestrian access ways which are in between the lots because they are also referred to as common areas. Ms. Dreyer asked Mr. Flores if this Draft Ordinance would only apply to the setbacks to public and private fights-of-way and exclude other types of common use areas. Mr. Flores stated that the current provisions state that you must maintain five feet on all sides including the pedestrian area. The proposed language allows the same setbacks for all lots regardless of whether you are adjacent to a common use areas or not. Ms. Dreyer asked Mr. Flores if the structure could abut the pedestrian walkway. Mr. Flores stated yes. Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 28 Ms. Dreyer asked Mr. Flores if this is what the residents want. Mr. Flores stated yes. Chairman Wesloski asked if there were any further questions for Mr. Flores. At this time, Chairman Wesloski opened the public portion of the heating. Chairman Wesloski asked if there was anyone that would like to speak in favor of or in opposition to this [)raft Ordinance. Ms. Zella Brown, unit owner at Nettles Island, addressed the Board. Ms. Brown stated that Nettles Island, Inc. is an entity of its own. She stated that they fall under Corporate Law 617 which is not for profit. She stated that they maintain their roads, they have their own garbage trucks, they are an entity of their own. She stated that their zoning is HIRD (Hutchinson Island Residential District). The County has allowed them to build single-family residences. Ms. Brown stated that she is one of fifty five unit owners who feel they are being penalized for owning three sided lots (which have been referred to as comer lots). They are asking that the County not condem five feet of their property because they are next to a common use area, they are being taxed and they pay taxes to the County on their survey. She stated that at the time their Board ask for the five foot to be included in the Ordinance (96-010) they thought they would gain three feet, but they cannot build between structures, only to their survey. If they are deprived of five feet, either side, whether it is to the left or to the fight, they are cut dOwn five feet on their building space. Ms. Brown stated that the wording on page 3 of Draft Ordinance 99-017, paragraph (c), "five (5) feet from any common use area shall be required" should be stricken. She stated that she is very concerned that the clarification, of common use areas to refer to public or private road fights-of-way only, is bypassing the five foot they are being penalized for, because their land is near a common area. She stated that if she were to move her 1980 trailer to build a single-family residence, she would be penalized five foot of her property that she is paying taxes on. Ms. Brown stated that Nettles Island is referred to as a Recreational Vehicle Park. They are not. They fall under the County Ordinance of a Recreational Vehicle Park. They are zoned HIRD (Hutchinson Island Residential District). She is not sure how the roads and the ~ight-of-ways were entered into this petition. Mr. Grande asked Ms. Brown if she would agree that Draft Ordinance 99-017 should be passed as presented by staff. Ms. Brown stated no. She Would like the wording "five foot on either side of a common use area" deleted. She stated leave the words "fight-of-way" as far as roads. She stated that their roads are private and they maintain them. She stated that the roads should not enter into this request for an Ordinance change at all. Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 29 Chairman Wesloski asked Mr. Flores if the Draft Ordinance is for St, Lucie County and not for Nettles Island is that whY the wording "public and private fights-of-way" is included. Mr. Flores stated yes. Ms. Dreyer asked Ms. Brown if Nettles Island, Inc. has lot lines. Ms. Brown stated yes. Ms. Dreyer stated that the way she reads the last sentence in paragraph (c), side yard comer, is that the setbacks only apply in the absence of recorded lot lines. Ms. Brown stated that all residents have a survey on record. Ms. Dreyer asked Ms. Brown if Nettles Island, Inc. is a platted recorded lot line. Ms. Brown stated yes. Ms. Dreyer stated that Ms. Brown is requesting that the five feet from any common use area be deleted. She stated that she believes that only applies in the absence of recorded lot lines under this particular section of the St. Lucie County Land Development Code, so it would not affect Nettles Island, Inc. Ms. Brown stated that it does affect Nettles Island, Inc. Mr. Kelly stated that paragraph (c) in Draft Ordinance 99-017 speaks to side yard comer lots. He stated that a comer lot is a lot that abuts a street. He believes we need to maintain distance from streets whether they are public or private, if there is vehicular use. The side comer section that has been referred to is intended to deal with streets. The objection is that it still maintains a five foot separation from common use areas. He stated that staff'has re-defined common use areas in the note to specifically state they are public and private roads. Common use areas are not pedestrian walkways. Mr. Kelly stated that Ms. Dreyer is correct in that "in the absence of recorded lot lines" would apply to an RV Park that does not have lots. It may just have pads and is typically a rental park. In those cases, you need to maintain a minimum of eight feet unobstructed between adjacent units and you need to still be five feet from common use areas. Common use areas have been re-defined to be public and private roads and fights-of-way, they are not pedestrian. He does not see the conflict. Ms. Brown stated that they are having building permits tumed down. Mr. Kelly stated that you will until this Draft Ordinance 99-017 is passed. Ms. Brown stated that they have one hundred and forty-one feet of waterfront area that does not have Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 30 a walkway and Mr. Veach has lost three sales because of this clause. Mr. Kelly stated that staff tried to write Draft Ordinance 99-017 in very simple terms. If you have a lot line that is adjacent to anything other than a public or private fight-of-way, then the roles are you can go zero feet or five feet depending on which side of the lot you are on, If you are adjacent to a public or private fight-of-way (vehicular traffic) then you need to maintain the five feet. Ms. Dreyer asked Mr. Kelly if it would be possible to grant a variance to Nettles Island, Inc. as a whole and not amend the St. Lucie County Land Development Code. Mr. Kelly stated that the variance procedure is intended to look at individual circumstances. He stated that Nettles Island, Inc. may not be able to meet all of the tests for a variance, i.e., hardship, uniqueness and the other issues that go with variances. Mr. Grande asked Mr. Kelly if the specific language that Ms. Brown is concerned with does not apply to Nettles Island, Inc. because their lots are platted. Mr. Kelly stated that is correct. It does not apply to Nettles Island, Inc. It would not apply to other parks similarly situated where there are pedestrian rights-of-way. Mr. Grande asked Mr. Kelly if leaving the language as presented by staff will have no affect whatsoever on Nettles Island, Inc. because their lots are platted. Mr. Kell.y stated yes. Chairman Wesloski stated that she believes there is still some confusion regarding common areas. Mr. Kelly stated that the Note reads "Common use areas shall refer to public and private fights-of- ways only." He stated that when the term "common use area" we are talking about "roads" and not pedestrian areas. He stated that the intent of "lots adjacent to pedestrian access shall not be considered comer lots" is that comer lots are only those lots that are adjacent to roadways. Mr. Moore asked Mr. Kelly if the sentence could be reworded to "the common use areas shall not refer to pedestrian fights-of-way". Mr. Kelly stated that canals are considered common use areas. He would not want to place a structure up against a canal right-of-way in other RV Parks. Ms. Dreyer suggested using "roadways". Mr. Bill iDeiters, President of the Board of Directors at Nettles Island, addressed the Board. Mr. Deiters stated that they would like the deletion of the present role that states the owner to the right of a sidewalk must give up five feet of their property. Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 31 Mr. Deiters suggested that staff use "roads" and delete all language referring to common use areas. He stated that we cannot say "c " ommon use areas because we have parking spaces next to bath houses that are next to a zero lot line side of a lot. He stated that if staff includes common use areas as rOadways and parking spaces we cheat those residents out of five feet. He stated that if the "oad " wording r aways is used everything would be okay. As soon as you infringe upon common use areas you are going to hurt the residents next to the parking lot. Chairman Wesloski asked if there were any questions. Chairman Wesloski asked if there was anyone else that would like to speak in favor of or in opposition to this Draft Ordinance. Mr. Mark Boston, Chairman for the Nettles Island Political Action, 579 Nettles Boulevard, Jensen Beach, addressed the Board. Mr. Boston stated that he has five letters from residents who are away or were not able to attend tonight. Mr. Veach and the Nettles Island Builder were also not available tonight. Mr. Boston stated that all the residents want is their five foot back on the sidewalk easements, so they can. build their homes. He stated that there have been many homes built and double-wides put in over the years on the five foot. Last year this was stopped and many residents sold their lots. Many residents are waiting for this fiVe foot piece of property next to the sidewalk easement to be dropped so they can build on the zero lot lines. Chairman Wesloski asked Mr. Boston if he would like to submit the five letters for the record. Mr. Boston stated yes. Ms. Young stated that she had an opportunity to speak with staff regarding the language in Draft Ordinance 99-017. Staff proposes the sentence in paragraph (c), side yard comer, "public and p vate rights-of-way be changed to read "public and privateroadways". This Clears up the canal concerns raised by Ms. Brown. The same change should also be made in the Note. Ms. Young stated that the last sentence n the Note Lots adjacent to pedestrian access shall not be i¢¢ · , considered comerlots" addresses a lot that has a street .in front, and a sidewalk on the side. If you own a lot of this type rather than being a (c) side yard comer, you would be a (b) side yard, and because 'the lots in Nettles Island are recorded, you would have the eight feet unobstructed on the left side and zero on the fight side, the same as your neighbors. Ms. Young stated that she believes these changes address the concerns of the residents here tonight. Changing the language from fights-of-way which could be considered as a canal, to roadways. The reason behind this was safety from vehicular traffic, then you allow someone on a canal to have the eight and zero foot consideration. Ms. Pat Miller, resident of Nettles Island and Condominium Manager, Jensen Beach, addressed the Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 32 Board. Ms, Miller stated that five feet may not sound like a lot, but these lots are thirty five feet wide, Sixty five feet deep. If you take five feet away, you are talking a considerable amount of square footage when your building a home. With the new language that is being proposed, everyone will have equal use of their land, regardless of whether you are located next to the sidewalk. The residents who haVe a sidewalk, even with a zero lot line, end up With more than eight feet between their neighbor and their home. Ms. Miller stated that the current language states those RV lots that have not been platted. That should have excluded Nettles Island from the entire five foot issue. It very clearly stated unless there are no lot lines established, then the role is put into play. As a result of the interpretation there are residents in this room who spent five hundred dollars in an attempt to obtain a variance and were denied. She does not believe the variance should have been required in the first place. The interpretation would indicate that Nettles Island should not have fallen under that particular paragraph. Chairman Wesloski asked if there was anyone else that would like to speak in favor of or in opposition to this Draft Ordinance. Hearing no further arguments in favor of or in opposition to the petition, Chairman Wesloski closed the public portion of the hearing. Chairman Wesloski asked if there were any questions or discussion. Mr. Grande asked Mr. Deiters if the language proposed by Ms. Young would specifically meet his concerns. Mr. Deiters stated yes. Chairman Wesloski asked what would be the pleasure of the Board. After considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in Section 11.06.03, St. Lucie County Land Development Code, Mr. Grande moved that the Planning and Zoning Commission forward a recommendation of approval of Draft Ordinance 99-017, as amended by Ms. Young's comments to the St. Lucie County Board of County Commissioners because it meets all of the objectives of the residents and does not contradict anything that exists currently in the County. Mr. McCurdy seconded the motion. Chairman Wesloski asked if there was any discussion. Upon roll call, the motion was approved, 6-0. Chairman Wesloski stated that Draft Ordinance 99-017 would be forwarded to the Board of County Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 33 Commissioners with a recommendation of approval with the changes that were made in the motion. Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 34 OTHER BUSINESS: Chairman Wesloski asked if there was any other bUsiness. Chairman Wesloski stated that the next meeting is scheduled for July 29, 1999 at 7:00 p.m. Chairman Wesloski stated that she will not be able to attend this meeting. Mr. Matthes stated that for the record he will not be able to attend this meeting. Chairman Wesloski stated that the July 29th meeting could possibly be the last Comprehensive Plan meeting she would like to thank staff and the Study Group. Chairman Wesloski stated that the Board spent a lot of time on the Comprehensive Plan. We all have personal issues that we felt strongly about and perhaps some of us will go on to the County Commission with those issues. When we go to the County Commission we should take them as personal issues. We should allow the minutes of this Board to stand on their own merit and allow the County Commission to view those minutes as a group, as this Board voted. There being no further business, the meeting adjourned at 9:02 p.m. Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 35 PLANNING AND ZONING COMMISSION REVIEW': 08/19/99 File Number RZ~99-013 M E M'O R A N D,~U,M DEPARTMENT OF' COMMUNITY DEVELOPMENT TO: FROM-: Planning and Zoning CommisSion Planning'Manager DATE': August ! 1, 1999 SUBJECT:: Application of Joseph E. Herndon, for Preliminary Planned Unit Development approval for the Project. to be Kno~ as Hemdon Estates - P~, and for a Change in Zo~ng from the AG-5 (Agricultural - t du/5 acres) Zoning District to the 'PL~ (Planned Unit Development - HemdOn-Estates) Zoning District. Attached is letter from .Eric Zeiss, P.E., confirming that the :applicant has wSthdrawn his petition for a ch~ge :in Zoning. ~ ~gROM CulpepPer&Terpenin~] 56146494-97 88-84-99 OZ:Z4PF1 TO 4621735 =185 P.1/i · ( INC. ME~O Consulting Engineers · Land Surveyors 2980 $ou~h 25th Street - FL I P,O. Box 133~ · (5~'t) 4~4-3537. 9497 · DATE: August 4, i 999 JOB NO: 9.9-18 TO: David Kelly FROM: Eric Zeiss, P.E., ProjeCt Manager RE: lterndon Estates, PUD Fax (561) 462'1735 We hereby withdraw the Hemdon Estates P.U.D. application from St. Lucic COunty Community DeveloPment Department. Once the wetland issues are resolved, a new P.U.D. application may be filed. If you have any questions or comments,, please feel free to call me. cc' JOe HerndOn Dan Harrell, .Esq. 'PLUG ~' ZO~G COMMISSION ~VIEW: 08/19/99 File Number CU-99-006 M E ~M O R A.ND .U.M DEPARTMENT OF COMMUNITY DEVELOPMENT TO-: FROM: DATE: Planning and Zoning Commission Planning M~ager August 13, I999 SUBJECT: LOCATION': pphcatlon of Assembly of God Faith Temple Church (David Clevelend, Agen0 for a .Conditional Use Permit to-all°w Educational Services and Facilities in the RF (Religious Facilities) Zoning Disffict. Southeast comer of the intersects.on.of Avenue T and North 29th., Street. ZONING' DESIGNATION: RF (Religious Facilities) LAND USE DESIGNATION: PARCEL SIZE: RU (Residential Urban) 0.91 acre PROPOSED'USE: SURROUNDING ZONING: SU~OUNDING L~D USES: After School Child Day Care Facility The subject.property is surrotmded.by the RS - 4 (Residential, Suburban- 4 du/acre) Zoning District. The Fort Pierce City Limits ~are located to the south of the subject property. The .subject property is s ~urr0unded by the RU'(Residential Urban) Futm-e Land Use Classification. The general use of FI~~MS PROTECTION: UTILITY SERVICE: Station #1 (2400 Rhode Island Avenue) is located approximately 2 miles to the south of the subject property. Utility service will be provided by Ft. Pierce Utilities Authority. August 13, 1999 Page 2 File No.: CU-99-006 RIGHT-OF-WAY ~EQUACY: SCHEDULED MPROVEMENTS. The existing fight-of-way width fOr Avenue T is .25 feet. The existing fight-of-way width for Avenue S is 55 feet. The fight-of-way width fOr North 29th Avenue is 50 feet. None at this time. Certificate of Capacity. STUD--S OF ~~EW AS ~SET FORTH IN SECTION 11.07.03, In reVieWing this application for propo, sed conditional use, the Plying :and Zoning e Whether the proposed conditional use is in conffict with any applicable portions of the St. Lucie COunty Land Development Code; The proposed conditional use is not in cOnflict Mth any applicable portions of the St. Lucie County Land ..Development Code. Section 3'01.03(Y)(7), RF (Religious Facilities) Zo~ng ~District, allows educational services and facilities as conditional uses.with Board of County ' Commission approval. Whether and the extent to which the proposed conditional use would have an adverse impact on nearbyproperties,' · The proposed conditional use is not expected to adversely impact the ~surrOtmding properties: The subject property is located in a residential neighborhood and has been operating as .a church. There are several existing religious facilities in the surrounding area. Whether and the extent to which :the proposed-conditional use WOrUld be served by adequate public facilities and serviCes, including roads, police protection, solid waste dispOsal, water, sewer, drainage structures, parks, and mass transit; This Conditional ~e is ~not expected to create significant additional demands on any · public facilities in this area. PriOr to any site pl~ .approvalS, the applicant must demonstrate that the project will be served by adequate facilities. August 13,' 1-999 Page 3 Petition: Assembly.of God,Faith Temple Church File No.: CU-99~006 ® Whether and the extent to which the proposed conditional use would result in 'The, proposed conditional use is not. anticipated to create adverse impacts on the natural envimment. The prop:osed chid care facility must complY with all local, state, and federal regulations concerning its development and operation. COMMENTS Theapplicant, Assembly of God Faith Temple Church (David CleVeland, Agent), has ~applied for the requested conditional use in order to establish an after school C~ld day care. facility. Educational Services and Facilities are allowed as 'a conditional use in this zoning dis~ct.upon apprOval .of the ' The petitioner was granted a conditional. Use permit On in the RF Zoning-Dis~ct. That ~d a new one must be approved ~ order to ~ ' fac om 7,00 .M. to Staff finds that t~s petition meets the standards of review as set fo~ in Section 11,07.03 of the St. Lucie County Land DeVelopment Code and is not in conflict.with.the goals, objectives, and policies of the St. Lucie C StaffreeO~endS .that you fo~ard this petition to the.Board of-CounW a reco~endation of :approva!, with the following conditions.: ® The:hours of operation shall be from 7:00 P.M. to 9:00 P.M,- Monday through Friday. The total school enrollment shall not exceed 30 students. Please contact this office if you have any questions on this matter. Attachment hf CCi David Cleveland File Suggested 'motion to reco~end approval/denial of this requested conditional use. ~TER CONS~E~G THE TESTIMONY P~SENTED DURING THE PUBLIC HEARING, INCL~ING ST~F COMMENTS, AND THE STANDARDS OF RENEW AS SET FORTH IN SECTION I'1.07,03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MO~ THAT THE PL ~ ZO~G COMMISSION RECO~~ THAT THE ST. LUCIE COUNTY BO~ OF CO~TY COMMISSIONERS GRANT ~PROVAL TO THE ~PLICATION OF ASSEMBLY OF 'GOD FAITH TEMPLE CHURCH (DAVID CLE~LAND, AGENT).FOR A CONDITIONAL USE PERMIT TO ~LOW EDUCATIONAL SERVICES ~ 'FACILITIES ~ THE ~ (RELIGIOUS FACILITIES) ZONING DISTRICT, BECAUSE ..... [LIST CONDITION(S)] MOTION TO DEUx AFTER CONS~ THE ~TESTIMONY P~SENTED DURING THE PUBLIC HE--G, INCL~~G S COUNTS, ~~'THE STANDAI~S OF ~~W AS SETF IN SECTION 11.07:03, ST, LUCIE CO~TY L~ DEVELOPMENT CODE, I HE. BY MOVE THAT T~ P .~~ ZONING COMMISSION ~COMME~ THAT 'T~ ST. LUCIE COUNTY BO~ OF CO~TY COMMISSIONERS DENY THE APPLICATION OF ASSEMBLY OF GOD FAITH TEMPLE CHURCH (DAVID CLEVEL~D, AGENT) FOR A CONDITI 'USE PERMIT TO ALLOW EDUCATIONAL SERVICES ~ FACILITIES 1N THE RF (~LIGIOUS FACILITIES ) ZONING DISTRICT, BECAUSE ... [CITE ~ASON(S) ~- PLEASE BE SPECIFIC] Section 3;01.03 Zoning Distdct Use Regulations Y. RF RELIG IO US 'FACILITIES 1. Purpose The purpose of this Dist¢ict is to provide and protect an environment suitable for the establishment of this code, 2. Permitted Uses Chu:rch~es, synagogues, temples, and similar uses. Lot Size Requirements Lot size requirements shatl- be 'in accordance-with Section 7.04.00. . Dimensional Regulations Dimensional requirements shall be in accordance with ~Section 7,04.00. . Off-Street ~Parking and Loading Requirements Off-street parking and loading requirements are subject-to' Section 7..06.00. ,, Landscaping Requirements. Landscaping requirements are subject to Section 7.09,00. 7. ConditiOnal Uses a. b. week, as licensed 'by the State of Florida, as well as during any religious function or ,assocriated .with and operated by the PrinCipal religious use toc~ted on . (~) TelecOmmunication towers- su~3ject.to the standards 'of Section 7.10.23 Accessory Uses Accessory uses are subject to the requirements of Section 8,00.00, and include the following: a. Parking lots & ~parking areas, together with related circulation elements. b. Enclosed storage structures. C. particular wastewater as ,defined. be a sub-regional system, and do not Adopted August 1, 1990 134 Revised Through 04/15/99 Section 3~01.03 Zoning-District Use Regulations e~ Single family. 'dwelling (detached or as part of the principal structure). (1) swimming~ pOol accessory .to the single family dwelling provided that the prevent Uncontrolled access to such (2) Adopted August 1, 1990 135 Revised Through 04115/99 0 EI--~ S ~ JL $ SS; L S 9£ L )d.NflOO 33EIOHO:::I3)tO Zoning b..ly o God aith emple 59 , T r opic B'ouleverd I i I I ! I C ~ S.FF.'C.D ~ Canal C-25 I i I I I I ! 1 I I I ! I RF ~Avenue .... S ' ' Avenue "R" 99-006 Communi~ DevelOpment GeograPhic InformatiOn :SYstems M~ revis~ jUly; 28,1999 N As Land Use of God Faith Temple Chu.rch ~.8 i 19 ropic Boulevard C ! I i I ! 1 ! ! I __ ............. £____ . 1 8~- S.F.F.C.:D ~ Canal C-25 i I I I I I I I .,-, Avenue IISII Avenue "R" gu 99-006 Community Development Geographic Information Systems Map revised July 28,1999 N ,AGENDA -PLANNING & ZONING COMMISSION THURSDA E AUGUST 19, 1999 7:00 P.M. Assembly:°f God Faith Temple .ChUrch (David Cleveland, Agen0 has petitioned St, Lucie County for a CondttiOnal Use Perma for Educational Services and Facilities in the RF (Religious Faciltti¢~) Zoning District for the following described property: (Location: Southeast corner of the intersection of A venue. T .and North 29ta StreeO Please note &at aH 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 purposes, 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: ~ ~ party, to the ~proceeding, individuals, ing~ during, a hearing will be sworn in. Any par~ to theproceeding will be granted an opportuni~ to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Prior .to this public hearing, notice of the same was sent to all adjacent proper~ owners August 5, 1999. Legal notice was published in the Port St. Lucie News and ~e Tribune, newspapers of general circulation: in St. Lucie County, on ~ugu,t 6, 1999. File No. CU-99-006 ST. LUCIE COUNTY PL'ANNIN~ AND. ZONING COMMISSION " PUBLIC HEARING AGENDA ^u~usT j~,,~. WHOM IT M~Y CONCERN: '~ - ' . · NOTICE 'is hereby given in accordance witi~ SeCtion 11,00,03-of i st. 'Lucle County 'Land Development;iCode .and. the provisions of 'the St. [ucie Courffy. Comprehensive Plan~ ~the following applicant~ ~haVe r. eqiJested tha~ the St. [uCie COun~ Planning and Z0nihg Cbm. mission consider their following request: ~ . ... :.. ~ · 1. ASSEMBLY OF GoD FAITH i:EMPLE'CHURCH. (D~kylD CLEVE- ND, AGENT), for a Conditional Use Permit for,Educational .Ser-, Focilifies in lhe RF (Relig!ous Facilities).Zoning District for · . . .N 50 .FT OF. S .-i 65 FT iOF. W, Jl 5J FT J0,i0 Aq-(OR 968-1748) "(TAX J ' ,, · · N 90 FLF OFS 1,1'5 FT OF W 115 (0,19 Aq (OR .968-1Z48) fi.AX CONT ~ ~ 00 F'ro TH. N TO :A PT .W ~'00 Fr, TH S.:~57.5 Fr ¢0.~gAq {OR AND} . '-.. - FT. OF W 125 FT. OF S ELLE STEVENS .2404-608-0040.000/4),. ' intersection of Agenue T and , SURF. N SAND PR(pPERTIES,'INC., for a'Change.in Zoning'from the CG (Commercial, General). Zoning DiStrict tc~ the HiRD (HutChin. son.'lslan~i Resi~lenfial District) Zoning' District for'the following describ~prope~i ~i . :..: .; '; . i . . .. PARCEL 1~ T4cI "!~'".,. Coi;al'C0ve Beach 'Section'One,'a subdivision' of'St. LuCie;CountY, Florjda,.&b:ording. to the plat thereof, reCorded in-Plcrt B.obk 11, ~ge'30'~A":.and :,1~" of the Public 'Recbi'ds or'St. LUci.e'C°unty'Fl°fldc~' '- '. ./ '.' ' '-':':' .- . · - ..... AND ALSO: . · . '.'. - PARCEL-.2i '.Th" 'following described· lot, Piece, Or' parcel 0f'land sit'sate lYi,g ar~dr'~i,g in:the Co. uilly'of St. Lucie, State of Florida,. to wit: ' ;' ' ' AIl-that'pa~ Of Go~ernm~fit Lots 3 and '4,'Sec~io~.25,. T°wnshi:~p 34' $0uth,.Range 40 East, lying east c~f the east lib,' of TmCt'-,Q~, of · Coral .Cov~ Beach S.~cti0n ~n~',' ~cco~ding~t0 't~te ipla~ 'ihere ' in. Plat Book 1.i',"~g,S :30-A and .30~.~-.~-~i~e't t.,~t ! co ta and lying West of the m~ar F..fl titan a~"it', exists ~fr6m ~ti~e' lo time of ;no~. .Tract ."Q".:of. Coml Cove PUBLIC HEARINGS wi l '" " ' . , : . i ~ .. ', 'l be held.in;.Room .1'01, SL..Lucie' Colm,tyJ Admi,istra!ion ~BUiliJing, '.2~00 Virginia,'Avenue, .F.'°rf,Pieri:e, Ei0rid~ J on ALigus,.19, 1.999,'beglnnin~ at ~:00'P,M.'oras sooi~ theiteafler c~s/j pos~ible; ..". ...... ' .'? .: . .' .- ':: ...'. .'. ';j! ;PURSUANT TO.Section 286.0105,.Florida S~atUtes, ifa persoh decides to appeal any, decision nicid~ by o. board, agency, o~/ ;commis~i°n will1 ri~spe~t to any mofli~-;'i:onSidered 'at a meeting .°rJl ~heari:nm he will rmecJ :cs' record o}-the proceedings, or~d that, lo't;, such J! purl~ses,' he may need-to eri$1Jre thot 'o 'ver~afim reco~d of the J j:~rc~:eedii~gs 'is' made,' Which r'ecord~ includes ,th~' testimony, arid dence upon which the appeal is to be.based. "- .- ". . · '. ''". . "~ ' . eLANN~NO;AND ZON*NO COMM,SS~ON J! ST. LUqE coUNTY, FLORIDA' . '. ,I. /s/~!ANA W~SLC~SK~, CHALR~N..~',. .. No. 3525 ~ ST. LUCIE COUNTY PLANNING'AND ZONING COMMISSION PUBUC HEARING AGENDA AUGUST 19, 1999 TO WHOM IT MAY CONCERN: NOTICE. is hereby given in acdOrdance With ~eclior~. 11.00~03 of ~he St. LUCie Counly Land DevelOpment Code and the provisions of the St. Lucie' County ComPrehensive Plan, .the request: !: properly: ,. -,':' GARDEN CIW FARMS, 05 35-40 N 50 FT OF S 165 .FT OF W 115 Fl' oF TRACT 1~5- -LESS W 25 :FT, [0,10 AC] [OR' 968-1748] [TAXI.D. NO. 2404.608.O044.006/2]; · S115FTOFW 115 FT OF -:LESS W 25-"FT' ~.19 AC) (OR 968. 2404-608.0043 -0[X]/5); GARDE : TRACT 15 RUN E ON SI TH N ' TO A t:q' 1:80 FT TH S 157.5. 304-454 GARDEN CIIY FARMS, 35 40 E 100 FI' S 155 FT OF N 180, F~ STEVENs :[0.33 AC) 2404.608;0040,000/4).. [Location: Southeast comer-of the interse~flonof Avenue T and Norlh 29th Street]... the CG (Commercial the .. PARCEL' I: 'TRACT .. ' TO THE PLA1 :' ""A'AND 'B" OF FLORIDA. AND ALSO: PARCEL 2: pmpp, ~: THE FOLLOWING DESCRIBED LOT, PIECE, OR.PARCEL OF LAND SITUATE LYING AND 'BEING iN THE COUN1Y OF ST. LUCIE; STATE OF FLORIDA, TO WIT: .. ALL THAT PART OF ~ EAST I ONE, OF BEAR, (Location: 3000 Nodh SR A-1 ' 'PUBUC HEARINGS will be held in Room 101~ St. Lucie County Administration Building, 2300 Virginia Avenue,-Fort Pierce, Fl~)tida on August 19, 1999, beginning at 7:00 P.M. or as soon lheteafler as POSSible. .~. ."'"PURSUANT TO Section 286.0105, Florida statutes, if a persor~ d~:ides 1o ~appeai any decision, made by a i:Toard, agency, or c'Gmmission wilh respect to any matler considered ara mL=~eting or~ hearing, he will need a record and1 " to be based. PLANNING AND ZONING COMMISSION ST. LUCIE COUNTY,. FLORIDA . /S/~DIANA WESLOSK1, CHAIRMAN is. Publish: August 6, 1999 345 East 80 Street New York, N.Y. 10021 Phone: 212 87 9-6541 Fax: 2'12 87 9-0033 August 12, 1999 Ms. Diana Wesloski, Chaimian St. Lucie County Planning and Zoning Commission 2300 Virginia Ave. Fort Pierce, F! 34982-5652 Dear Ms. Wesloski: Re: PA-99.002 As the owner of an apartment in Tiara Towers (3120 AIA Unit 15158), I wish to request that the Commission DENY THIS ZONE VARIANCE REQUEST to Surf 'rt.'Sand Properties for the parcel at 3000 North 8R A1A Chan~g~ , . the zoning will reSult.., in. much higher: . occupancy and will create, a bad traffic problem on State Route AIA which isa ONE i~~h ~g~.~ ~v~ p~er_~.~ a.~l~? n, umber.offood and services on the island and everyonehas to use that single road to get supplies. uIfpthis applicant gets his.variance, it will be difficult to tum down future builders who will use this ease as an example, and you will end with a hi-density area With limited lbod and water supplies Bea~l North Hutchinson Islandwill end up 'looking like Miami Beach o Mareos Island in a decade Hi-density will decrease property values I~x~ause_the area Will lose its ~beautiful open look. Please deny this variance. Sincere/y, .~A-new Owner and soon-to-be year 'round permanent resident LOCAL PLANN~G AGENCY REVIEW: 08/19/99 File Number: .PA-99-002 M E.M O,,R A N D U ,M DEPARTMENT OF COMMUNITY DEVELOPMENT TO: .FROM: Local Planning Agency Planning Manager 0~L DATE': August 1:3, 1999 SUBJECT: Application ofSurf 'n' Sand Properties, Inc., for a Change in Future Land Use DesignatiOn from COM (Commercial)to ~-(Residential Medium). LOCATION: 3.000 North SR A-1-A (east side of North SR A-l-A, directly north of The Atrium Condominiums) CU~.NT FUTU~ LAND USE DESIGNATION: COM (Commercial) PROPOSED FUTURE L~D USE DESIGNATION: RM (Residential Medium) EXISTING ZONING: CG (Commercial, General) PROPOSED ZONING:: HIRD (Hutchinson Island Residential District) PARCEL SIZE: 4,20-acres PROPOSED USE: 44-unit residential high-rise condominium SURROUNDING ZONING DESIGNATION: The subject property abuts H~ (Hutchinson Island Residential District) zoning to the no~h and south, CG (Commemial, General) zoning to the west across SR A-l-A, and the Atlantic Ocean to the east. SURROUNDING LAND USE DESIGNATIONS,: The subject property abuts RM (Residential Medium) land use to the north and south, COM (Commercial) to the west - across SR A' l-A, and the Atlantic Ocean to the east. August 13, 1999 Page '2 Petition: Surf 'n' Sand Properties, Inc. File Number: PA-99-002 SURROUNDING EXISTING LAND USES: UTILITY SERVICE: FIRE/EMS PROTECTION: TRANSPORTATION IMPACT'S R/GHT-OF-WAY ADEQUACY: oCHEDULED IMPROVEMENTS: TYPE OF CONCU~NCY DOCUMENT REQUIRED: The surrounding uses abutting the subject property are: the Sands COndominium to the north, the Atrium Condominium to the south; Sands Plaza to the west and the At!antic Ocean to the east. The subject property is within the St. Lucie County Utilities service area. Station 9 (3595 N HWY A-l-A), is located ~ approximately 1 mile to the north. The right-of-way width for No~h SR A-1-A is 100 feet. None at thiS time. Concurrency Deferral Affidavit. COMMENTS This application is for a change: in the future land use designation of.a 4.20 acre parcel from COM (Commemial). toRM (Residemial Medium). The subject property is located at 3000 North SR A-l- A, on the east side. of SR A-1-A. The stated purpose ofthe requested change in future land use is to construct a 44-unit residential .high, riSe condominium on ~the subject property. 'The current commercial future land use designation does not pem~it the residential development proposed by the applicant. The COM (Commercial) future land use designation, is designed for uses which are more int{~,ns~'ve in nature, ~such as office and general retail uses, than 'the RM (ReSidential Medium) future land use desi~ation. According to the St. Lucie County Future Land Use Element, commercial development should be located .at.points ~ofhigh tr ~anspo~ation access, with specific action taken to prevent the development of new linear commercial strips. The applicant's property is located in an .area that was developed with a residential-(single-family and multi,family developments) character. The existing commercial property contains a vacant restaurant in poor condition. The applicant states that there is not sufficient popUlation in the area to' maintain .the operation of the restaurant. August 13, 1999 Page 3 Petition: Surf 'n' Sand Properties, Inc. File Number': PA-99-002 Approval'of this petition is required' to allow the applicant to seek a change in zoning for the subject P~Perty ~fr°m 'C~ (cOmmercial, General) to HiRD (HUtchinson Island Residential District). The applicant .has stated that :the proposed land use designation and proposed zoning desi~ation will be more in keeping with the. existing s~ounding residential area, especially the east side of SR A- 1-A. Please contact this office if you have any questions on this matter, CONSISTENCY WITH THE ST. LUCIE COUNTY COMPREHENSIVE PL~ ~AN In reviewing:.this application for a proposed amendment to the St. Lucie County Future Land Use Map, staff finds that the folloWing Goals, Objectives, and Policies of the County Comprehensive Plan are the prim~components applicable :to.this petition. The following is an element-by-element evaluation of the proposed amendment: FUTU~ LAND, USE ELEMENT The propoSed amendment has been determined to not be in conflict with this element. The future land use classifications surrounding the subject property are: RM (Residential Medium) to the north and south, C.OM~ (Commercial) to the immediate west and the Atlantic Ocean to the east.. The existing future land.use clasSifiCation of COM allows commercial development. Objective 1.1.8 Provides for the protection of the single family neighborhood as a defined residential area rom the encroachment of commercial and/Or other inappropriate land-uses. The immediate area in which the subject property is located is residential in nature. Over the years, the surrounding area has inco~orated a'v~ety of uses: multi-family condominiums to the north and suPporting the existing.commemial activities, .resulting in vacant buildings within the immediate vicinity of residential structures. Therefore, th apphcant s request to change the future land use desi~ation for the 4.'20 acre land parcel from COM (Commercial)to RM (Residential Medium) is appropriate, as it. furthers the intent of Objective 1.1.8, to protect residential areas fr°m the encroachment ~of commercial 'uses int:he neighborhood.' i Policy 1.1'8,6: Eliminate future scattered and highway s.trip commercial development by encouraging the develOpment of commercial Centers or.nodes consistent with the Future Land Use Map. August 13, 1999 Page 4 Petition: Surf 'n' Sand Properties, Inc. File Number: PA-99-002 . he apphcant s request to change the future land use designation from COM (Commercial) to RM (Residential Medium)will fuaher the intent of this policy. The surrounding area over the years developed maintaining ~a.residential~character. At the time the subject property was designated with the commercial fume,land use .deSignation, a viable restaurant was located on the Site. Since then, the character o.f-the surrounding area has changed, the restaurant is now vacant and therefore unpro&lctive to the community. This petition will work towards eliminating a portion of the inappropriate land :development Within the county containing scattered "commercial" properties. This will result in a development pattern which provides for a consistent and continuous residential zoning on the east side ofSR A-1-A. Policy 1'1.8.7 Restrict ~ Commercial development to those 'traffic corridors where such development patterns now exist. The dePth of these commercial areas should average 600 feet, with the exceptions to be foUnd at points of arterial intersection. Even though a commercial Plaza is located to the west of the subject property, the surrounding area does not maintain a sufficient.population to support 'the commercial activities. A major portion of 'the sands.Plazacommercial development to the west is vacant. Currently, the .owners of the Sands Plaza are considehng what mdevelopmem oPtions are available for the plaza. As it exists today, the traffic corridor.within the immediate vicinity of the subject property is not approPriate for commemial.development, As was previously stated those commercial properties to the west are primarily vacant. The applicant has indicated that the subject prope~y as a commercial' .establis~ent (restaurant) did not have a sufficient population surrounding it to maintain the prope~y as~a co~emial .use. TRAFFIC CIRCULATION ELEMENT The proposed amendment has been determined not to conflict with this element. The proposed change in land use will reSult in a reduction of.the number of trips generated on the traffic circulation system. MASST~SIT ELEMENT The proposed amendment has been determined not to conflict with this element. PORT ~D AVIATION ELEMENT The proposed amendment is :outside of the land area discussed withn this elemem, and the proposed amendment is ,not expected to result in any direct impacts to these areas. August 13., 1999 Page 5 Petition: Surf 'n' Sand Properties, Inc. File Number: PA-99-002 HOUSING ELEMENT The proposed amendment has been determined not to conflict with this element. INFRASTRUCTU~ ELEMENT 'Sanitary Sewer Sub-Element approvals, the 'applicant.would need to demonstrate that sufficient capacity is .available to service the project. Solid Waste Sub-Element The proposed amendment:has been determined not to conflict with this element. Drainage and Aquifer Recharge SUb-Element The proposed amendment has been determined not to conflict with this element. Potable Water Sub-Element The proposed amendmem haS been .dete~ined not to conflict with this element. The subject property is wit~n the St. Lucie 'Co~'W. Utilities Service Area.. Prior'to any final development-order approvals, the-applicant would need to demonstrate that sufficient.capacity, is available'to service the pmj.ect. COASTAL M~AGEMENT ,ELEMENT To ensure the protection and cominued coastal protection, St. Lucie County adopted multiple 'goals, objectives and po'hcies within the Coastal Management Element. Staff has determined that the proposed petition is not in conflict with the Goals, Objectives and Policies of the Coastal Management Element, specifically the following policies: Policy 7.1.1.1 Future development in the coastal area shall be limited to tho. se land uses which are resource dependent or compatible with the physical and environmental characteristics of the coastal are, or to those uses.which.can occur with'out degradation of imp.ortant environmental 'values or interference with legally uses public access to the coastal area shoreline. August .13, 1999 Page 6 Petition: Surf 'n' Sand Properties, Inc. File Number' PA-99-'002 The 'subject property is a 41.2 acre parcel of' land which was previously cleared and developed as a restaurant.' 'The development patterns which have occurred within-the sm'~ounding area are primarily residential in nature. Thesubj'ect property abuts the Atlantic Ocean to the east. The shoreline and dune vegetation that ~exists :wilI be required to be protected. The St. Lucie County Land Develot)ment Regulations require .preservation and protection of shoreline vegetation. Policy 7.1,1.4 St. Lucre CoUnty~shall continue to carry out its responsibilities under the'HUtchinson Island Resource Planning and Management Plan. The applicant is requesting .a rezoning of the.subject prope ~rty concurrently with this application. The rezoning petition-is to. change'the zo~:ng from CG (Co~emial, General)Zoning District to HIRD (Hutchinson Island'Residential Disthct) Zoning District. As this property 'is developed, the Land Development Regulations.require all properties with a HIRD Zo~ng Designation, it will be required to meet and maintain all regulations for the HIRD Zoning DiStrict. CONSERVATION ELEMENT The proposed amendmem has been determined not to 'conflict with this element.' The subject property is currently.developed, therefore, no vegetatiOn of concern exists in the area of future development. The dune vegetative systems will ~be protected by the St. Lucie County Land Development Regulations. ~ REC~ATION ~D OPEN SPACE The proposed amendment has been determined not to conflict with this element. INTERGOVERNMENT~ COORI)INATION ELEMENT The proposed amendment has been determined not to .conflict with this element. CAPIT~ IMPROVEMENT ELEMENT The proposed amendment has been determined not to conflict with this element. Any proposed amendment to the St. Lucie 'County Comprehensive Plan may be reviewed by several state and regional agencies. The Depa~ment of Community Affairs is cl~arged with determining whether ,amen~ents :are consistent with and further the St. Lucie Coun~ Comprehensive Plan, the State Comprehensive Plan, the Strategic Regional Policy Plan, Chapter ! 63 of the Florida Statutes, and Rule~9J-5, Florida Administrative Code. In regard to the 'state and Strategic regional .plan, staff has the follOwing comments: August 13, 1999 Page 7 Petition: Surf 'n' Sand Properties, Inc. File Number: PA-99-002 CONSISTENCY WITH THE STATE COMP~HENSIVE PLAN L~ USE'-.F,S. 187,201(1~6) - In recognition of the importance of preserving the natural resources and enhancing the quality .of life of the.state, development shall be directed to those areas which have in place, or' '.have. agreements to provide, the land and water resources, fiscal abilities, and service capacity ito accommodate growth in an environmentally acceptable .manner. : The proposed amendment to the furore land use classification of the subject property Would ~rther the intent of Chapter 187.201(16), ~, by encouraging and continuing the qUality of life in the immediately surrounding area. The subject property is located in an area of residential uses and ~m~ted commerc~aI activities. The redevelopment of the subject property ut~!~zing a residential use will be more in line with maintaining the residential character °fthe surrounding prope~ies. In addition, this development type Mll effectively maintain the quali .ty of life in the surrounding areas. CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN The proposed Future Land Use Amendment is consistent with the Strategic Regional Policy Plan SRRP) because the~appmval of the request wOuld continue the existing ~owth patterns of residential in an area whiCh contains existing, vacant commercial properties. Thereby, working to eliminate those parcels which are being under utilized by the insufficient population ~to support the commercial use. CONCLUSION Based upon 'the~information provided, staffhas found that the proposed ~hture land use change is consistent with the :Goals, Objectives, and Policies as set forth in the St. Lucie County Comprehensive :Plan. Staff also finds the proposed amendment to be consistent with the State Comprehensive Plan and Treasure 'Coast Regional Planning Co. ncxl s Strategic Regional Policy Plan. 'Staff reco ~mmends that this: petition be forwarded to the Board 'of County Co~issioners with a recommendation of approval of the applicant's request to change the land use designation of the subject property from .COM (Co~emial) to RM (Residential Medium). This ~action would be consistent with the ~ (Residential ~Medium) future land use classification of the property located' to the immediate north and ~South of the subject property. As stated, the apPlicant also .has-file( a change in zo , General )Zo~ng Dis~ct to (HutcMnson Island cs Attachments Mitch Melvan, S~f'n' Sand Properties, Inc. File Suggested motion-to recommend ~approval/denial of this requested Comprehensive Plan Amendment. MOTION TO .APPROVE:~ AFTER CONSIDERING THE TESTIMONY PRESENTED DU~NG THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE LOCAL PLANNING m ' ~ GENCY OF ST. LUCIE COUNTY ~COMMEND THAT THE ST. LUCIE COUNTY BOA~ OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF SURF 'N' SAND PROPERTIES, INC., FOR A CHANGE IN FUTU~ LAND USE DESIGNATION FROM COM (COMMERCIAL) TO RM (RESIDENTIAL MEDIUM) BECAUSE .... [CITE ~ASON(S)WHY- PLEASE BE SPECIFIC] MOTION TO DENY.;_ AFTER CONSIDE~NG THE TESTiMO~ P~SENTED DURING THE P ~UBLIC HEARING, INCLUDING STAFF COMMENTS, I HE.BY MOVE THAT THE LOCAL PLANNING AGENCY OF ST. LUCIE COUNTY ~COMMEND THAT THE ST. LUCIE COUNTY BOARD OF .COUNTY COMMISSIONERS DENY THE APPLICATION-OF S~ 'N' SA~ PROPERTIES, INC.,. FOR A CHANGE IN FUTU~ LAND USE DESIGNATION FROM COM (COMMERCIAL) TO RM (~SIDENTIAL MEDIUM) BECAUSE .... CITE REASON(S) WHY - PLEASE BE SPECIFIC] C AJ. NFiO0 $ 9£ I 3380H033>!0 Zoning Surf ne Drive Heron Waterwoy ac.h Drive King fisher Wa'terwray Drive Shore PA 99-002 n Sa.nd Properties, inC. Winds I \ \ HIRD o \ \ Drive RS-4 Community Development Geographic Information Systems Map revised July 26,1999 Land Use Surf 'n R Sand Properties Marina Drive H.eron Waterway rive Kingfisher Waterway S h o r e PA 99-002 7 ' I,':.:, ..: "i--' , Ii · Winds ! o © 0 RM Drive Community Development Geographic Information Systems Map revised July 26,1999 AGENDA -PLANNING & ZONING COMMISSION THURSDA Y, AUGUST 19, 1999 7:00 P,M. Surf'N Sand Properties, Inc,, has petitioned St. Lucie County for a Change in Future Land Use'Designation from COM (Commercial)to RM (Restdential Medium)for the following described property: (Location: 3000 North SR A-I-A) Please note that .aH proceedings before the Local Planning Agency are electronically recorded. Ifa 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 purposes, .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 par~ to theproceeding, 'individuals testifying.during a hearing will be sworn in. Any party to the proceeding will be granted.an opportunity to cross-examine .any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Prior to tht~s public hearing, notice of the same was sent to aH adjacent property owners August 5, 1999. Legal notice was published in the-Port St. Lucie News and The Tribune, newspapers ofgeneral circulation in St. Lucie County, on August 6, 1999. File No. P~4-99-002 <j< <i< LAND USE i The St. Lu¢ie County Planning and Zoning Commission/Local Planning · i Agency propose to change the FutUre Land Use Classification of the · land indicated on the map in this advertisement. The purpose of this meeting is to cOnsider an amendment to the-St. ! Lucie County ~COmprehensive Plan for a Change in Future Land Use ~ Classification from COM (Commercial).to RM (Residential Medium). The Planning and Zoning Commission/Local Planning Agency ,will forward a recommendation to the St. LUcie County Board of County · Commissioners. The .Board of CoUnty Commissioners will then be requested to determine .whether or not to adopt the proposed · amendment,, and transmit the amendment to the Florida Department of Community Affairs in accordance with the requirements of Cha~ter 163.3184, Florida Statutes. A public hearing on'this proposal will-b¢'-heid before the Planning ~ and Zoning COmmission/Local Planning Agency On August 19, 1999, at. 7:00 P,M., in Room 101, St. Lucie County Administration~ Building, 2300 Virginia Avenue, Fort Pierce, Florida. ~ Copies of the proposed amendment, to the St, Lucie County[ 'Comprehensive plan are a,vai'lable for inspection in the Department of C°mmunity De~'elopment - Planning .Division, '2300 Virginia Avenue, Fort Pierce, Florida, during normal business hours. ' All proceedings before the Planning .and ZOning Commission/Local ~Planning AgenCy are electronically recorded, If a person decides to appeal any decision made with respect to any matter considered at the hearing, he will-need' a record of the proceedings an~ that for such 'pu~oses, he may need to ~ensure that a verbatim record., of the proceedings is'made, which record includes the testimony and evidence ~Pon Which the apPeal is to be based. At the request of any party to the proceedings, individuals testifying during the hearing Will .be sWorn in. Any .Party to the proceeding Will be granted an oppOrtunity to cross examine any 'individual testify!ag during the hearing UpOn request. PL~NiNO'AND'ZONiNO. COMMISSION/ - 'LOCAL PLANNING AGENCY" .. ' /Si.DIANA WBSLOSKI,: CHAI~~ '. SURF'N SAND PROPERTIES, INC. PA~ 99-002' OCA ON: SORX8 Sa NOTICE OF CHANGE IN iLAND USE The St. Lucie County Planning and Zoning Commission/Local Planning Agency propose to.change the Future Land Use Classification of the land indicated on the map in thiS advertisement. The purpose of this meeting is to consider an amendment to the St. LuCie County Comprehensive Plan for a Change in Future Land Use ClasSification from COM.(Commercial) to RM (Residential Medium). The Planning and Zoning CommisSion/Local Planning Agency will forward a recommendation to the St. Lucie County Board of County Commissioners. The Board of County Commissioners Will then be requested to determine whether or not to adopt the proposed amend- ment, and .transmit the amendment to the Florida Department of Community Affairs in accordance with the requirements of Chapter 163.3184, Flodda Statutes. A public hearing on this proposal will be held before the Planning and Zoning.Commission/Local Planning Agency on August 19, 1999, at 7:00 P.M., in ROOm 101, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida. Copies of the proposed amendment to the St. Lucie County Comprehensive Plan are.available for inspection in the Department of COmmunity Development - Planning Division, 2300. Virginia Avenue, Pierce, Florida, during normal business hours. All proceedings before the Planning and Zoning Commission/Local Planning Agency are electronically recorded. If a person decides to appeal any decision made with respect to any matter cOnsidered at the hearing, he will need a record of the proceedings and that for sUch pur, poses, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which -the appeal is to.be 'based. At the request of anyparty to the proceedings, individuals testifying:during the hearing Will be sworn in. Any party to the proceeding will be granted an opportunity to-cross examine a~y individual testifying during the hearing upon request. ST. LUCIE COUNTY, FLORIDA PLANNING AND ZONING COMMISSION/ LOCAL PLANNING AGENC'Y /S/ DIANA WESLOSKi, CHAIRMAN Surf 'N: Sand Properties PA-99-002 Location: 3000 NOrth SR A-1-A Publish Date: August 6, 1999 PLANNING AND ZONING-COMMISSION REVIEW: 08/19/99 File Number RZ~99-020 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: FROM-: DATE: Planning and Zoning Commission Planning Manager August 13, 1999 S~'JECT: AppliCation of Surf 'n' Sands Properties, Inc., for a Change in Zoning from the CG (Commercial General) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District. LOCATION: 3000 North A-1-A (East side of North SR A-l-A, directly north of the Atrium Condominiums)(Tax ID//1425.-701-0220-00'0/8) EXISTING ZONING' CG (Co~ercial General) PROPOSED ZO~:NG: HIRD (Hutchinson Island Residential District) PROPOSED FUT~ LAND USE DESIGNATION: (Residential Medium) CURRE, NT FUT~ L~ USE~ DESIGNATION: COM (Commercial) PARCEL SIZE: 4.2 acres PROPOSED USE: 44-unit residential high-rise condominium PE ~-RMITTED USES: SeCtion 3.01.03(T), HIRD (Hutchinson ,Island..Residential District) identifies the designated uses which are permitted by right, permitted as an accessory use, or permitted , through the conditional use process in the "HIRD" (HutchinSon Island ReSidential District) Zoning District, Any use designated as a "Conditional Use"is required to ~undergO fi~rther review and apProval before that use may be commenced on .the property. Any use not identified in the August .13, .1999 Page 2 Petition: Surf 'n' Sand Properties, Inc. File RZ-99-020 S~RO~ING LA~ USES: UTI'LITY SERVICE: TRANSPORTATION IMPACTS zoning district regulations are cOnsidered to be prohibited uses in that district (see Attachment "A".). The subject ~property abuts HIRD (Hutchinson Island Residential District) zoning to the north and south, CG (Commercial, General)zoning: to the west across SR A-l-A, and the Atlantic Ocean. to the east. The subject property abuts RM (Residential Medium) land use to the north and south,-COM (Conm~ercial) to 'the west across SR A,1-A, and the Atlantic Ocean to the east. Station//9 (3595 North SR A-i-A), is located approximately 1 mile to the north. Water.and sewer services are to be provided by St. Lucie County Utilities. ~ ~ RIGHT'OF-WAY ADEQUACY: The existing right-of-way width for North SR A~i-A is 100 feet. ' IMPROVEMENTS: None.. TYPE OF CONCURRENCY Concurrency Deferral Affidavit. STA~A~S OF ~VIEW ASSET FOR_TH IN SECTION 11.06.03, ST. LUCIE CO~TY LAND DEVELOPMENT CODE In reviewing this :application for proposed rezoning, the Planning .and Zoning Commission shall le Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie~ County Land DevelOpment Code; August 13, .1999 Page 3 Petition:"ur'~ ~t ''n' Sand Properties,. Inc. File RZ-99-020 e in which the subject .property is lOcated is primarily designated as HIRD (Hutchinson Island Residential .DiStrict)~Zoning Distric0. All properties in the immediate area wich lie east of SR A-1-A are' zoned HIRD. The proposed rezoning is consistent With, the St. Lucie CoUnty Land Development Code. Whether the proposed amendment is consistent with all elements of the.St. Lucie County Comprehensive Plan; The proposed rezoning 'was filed concurrently with a Change in Land Use from COM (Commercia!)~to ~ (Residential Medium).. The applicant has requested the rezoning in order m be consistent wkh the surrounding properties. The applicant will be processing a site plan to request multi-family condominiums on the eXisting restaurant site. As demonstrated by the staff report for the Comprehensive Plan, Furore Land Use Bm Whether and the extent to which the proposed zoning is consistent With the existing and proposed land uses; The proposed zoning is cOnsistent with existing .and proposed land uses in the area. general use of the i~ediate surrounding area of the subject property-is as follows: The · ~ Surrounding Use ~ ~ Land Use Zoning No~ . Sands on the OCe~ (MUltifamily re(Residential Medium) mRD (HutchinsOn island~- Condominium) ' Residential District) South The Atrium(Multifamily RM (Residemial .Medium)i,HIRD (Hutchinson island Condo~niums ~ Residemial Distric0 East ~ ~ Atlantic Ocean ~ NA NA West ~' ' sands Plaza .............. '~ COM (commercial) CG (Commercial General) The applicant has a petition requesting a ~change in land Use running concurrently with the proposed:rezioning ,petition, Prior to the rezo~ng becoming effective the applicant,s Change'in lar~d use mUst be approved'. · The subject property currently is developed with an existing restaurant (Surf 'n' Sand Restaurant). This~ restaurant is .not operating at this time, and it has-been indicated, by the applicant, that there is an ~sufficient population within the surrounding area to support the existing commerCial establis~ent. August 13, 1999 Page 4 Petition: Surf 'n' Sand Properties, Inc. File RZ-99-020 e 1 1 e ge Whether' there have .been changed conditions that require an amendment; The conditions have not changed to require the rezoning. Whether and the extent to which the proposed amendment would result in demands on public 'faCilities, .and whether or .to the extent to which the proposed amendment would exceed the .capacity o'f such ,public facilities, including but not limited to tranSpomti°n facilities, sewage facilities, water supply, parks, drainage., schooIs, solid . e · · e i waste, mass transit, and emergency m d~cal facilities; :['he rezoning of the property is not expected to create significant 'additional demands on any pUblic facilities in this area. The subject property .is currentlY developed as a restaurant, which 'is currently vacant. The applicant has indicated a desire to redevelop the subject property asa multifamily condominium project. Prior to any approvals, the applicant will need 'to provide dOcumentation verifying that Sufficient facilities are in place to support-the new development. Whether and the extent.to which the proposed amendment would result in .significant adverse impacts~ on the natural environment; The propoSed amendment is not antiCipated to create adverse impacts on the natural environment. The subject property is currently developed as a restauram. A majority of 'the native vegetatiOn has 'been .previOusly removed, from the subject property. The vegetation associated With the primary dune 'will continue~to be .protected. ~The applicant will be requked :tocomply with all federal, state, and local envkonmental regulations. The site does not contain any known unique or threatened habitat. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; An orderly'and'logical development pattern will.occur with' this change in. zoning' The devel°Pment patterns occurring in this 'area are primarily multif~ly residential h nature. The primary zoning in this area is HIRD (Hutchinson Island .Residential 'District) with interspersed .RS-4.(Residential, Shgle-F~amily 4 du/acre) and CG (Commercial, General). The applicant's request to change the zo~ng will hrther the existhg development pa~erns. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this COde; August 13, 1999 Page 5 Petition: Surf 'n' Sand Properties, Inc. File RZ-99-020 The proposed amendment-would not be in conflict with the public intereSt and is in harmony .with the pu~ose and intent of the St. ~Lucie County Land Development Code. COMMENTS The petitioner, Surf 'n' Sand PrOperties, Inc.,. has requested ~this change in zoning from the CG (Commercial, General).Zoning District'to the HI~ (HUtchinson Island Residential District) Zoning DiStrict in order to redevelop: 'the subject property with a mUltifamily residential order for the property to be consistem with the RM (Residential Medium) land use classification. Staff has .reviewed ~this petkion ~and determined that it conforms with the standards of review as set forth in the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and poliCies'°f the St. LuCie County Comprehensive Plan. Staff recommends that you forward this petition to the Board ~of County Co~issioners with a. reco~endation of approval. Please .'contact this office if. you have any questions on this matter. Attachment cs cc: Mitch Malv~, .Surf 'n' Sand Properties, Inc. File Suggested motion to recommend approval/denial of this requested change in zoning. MOTION TO APPROVE; AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDA~S OF REVIEW AS SET FORTH IN $~ CFION 11.~06.03, ST. LUCiE COUNTY LAND DEVELOPMENT' CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOA~ OF' COUNTY COMMISSIONERS G~NT APPROVAL TO. THE APPLICATION OF SURF 'N' SAND PROPERTIES, .INC., FOR A CHANGE IN ONING FROM THE_CG (COMMERCIAL GENERAL) ZONING DISTPdCT TO THE HIRD (HUTCHINSON ISLAND ~SiDENTIAL DIST~CT) ZONING DISTRICT, BECAUSE ..... [CITE REASON WHY - PLEASE BE SPECIFIC]. MOTION TO DENY: AFTER ..ONSIDE~NG THE-TESTIMO~ P~SENTED D~NG THE P~LIC HEAPdNG, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF ~VIEW AS SET FORTH IN SECTION I 1,-06.103, ST. LUCiE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOA~ OF'COUNTY COMMISSIONERS DENY THE APPLICATION OF SUrF 'N' SAND PROPERTIES iNC., FORA CHANGE IN ZONING FROM THE CG (COMMERCIAL .GENE~L)ZONING DISTRICT TO THE HI~ (HUTCHINSON ISLAND RESIDENTIAL DiST~CT) ZONING DISTRICT, BECAUSE ..... [CITE :REASON WHY - PLEASE BE SPECIFIC]. Uwe E Dyes Wolf Den · 9103 Cricklewood Court Vienna, Va 22182-'1702 703.821-0H$ Aug.ust 9,1999 Ms. Diana Wesloski Chairman St.Lu-ci.e Cou:nt~y Plannin.g & Zo:nin.g Commission 2300~vi~rgin.ia Av~enue Ft. Pierce, FL 34982-5652 Re- File No. D~e:ar Madam Chai. rman: RZ 99-020 According to the Commission,s Notice of August 5,1999, Surf' N Sand Properties,Inc. has petitioned St. Lucie COunty fo.r change in zoning of .~000 No~rt-h A1A (Tract Q)on No-rth Hut'chinson Island. I am t'h.e owner of a con~dominium in the Sands-on the-Ocean, 3t00 North A1A., Tract S (Tract R being a narrow beach-a.ccess right-of-way), and, therefore, an im'mediate neigh.bor. I do not have any problems with the proposed rezoning, but according ~o Case .No. 96-.14251-CIV-DAVIS, now pending before Magistrate Judge Lynch, U.S.-Distric~ Court, FL.Pierce .Division,-Na~ons '-Bank, N.A. (Sou~-h), now 8:ank of America as of 3uly 1~99, clai~ms Lo be ~he ow~ner of ~.e proPer~y for .which Surf'N Sand Properties,Inc. is now requesting a rezoning. The question, therefore, is who is the real ow:ncr a.nd who bears the responSibility for the property? A.nd that leads to .the long-standing problem of a defunct swimming pool on the property which has turne:d in~o a mosquito-breeding cesspool of..sta~g.nant an.d stinking water. We at the Sa'nds have been trying for years to halve the property cleaned up an.d the health hazard removed - to no avail ! In view of the above I request that the cha:nge in zoning, if granted, be subject to the condition that .the existing dilapi, dated commerc_~al stru.ctures (rest.a.urant, etc.) including t'h-e defunct swimming pool be 'removed from the property within 90 .d'ays from the date: of-approval by t.he Planning an'd Zonin.g Commission. I wo'Uld indee-d .appreciate, if .your staff could inform m-e as to the true ownership of said property and address of the o~n~er. Sincerely, Section 3.01.03 Zoning District USe Regulations AA. HIR_D 1. PurPose HUTCHINSON ISLAND RESIDENTIAL ~DiSTRICT The purpose of the Hutchinson Island .Residential District (HIRD) is to-provide a residential environment on North and:SOuth Hutchinson Island that is-respectful of the natural resources and value of the ,barrier iSlands,and 'can be supported by available pUblie and ~ private services. HIRD is . . . preserves and .enhances the 'public health, safety, and welfare of the citizens of St. Lucie County. Hutchin:son Island-constitutes a unique and valuable public resOurce that plays a vital role in defining t ' .- he County s economic and geographic' character. :HIRD is intended to growth and development of the barrier islands while Conserving the natural and human the islands represent. GiVen-the environmentally SensitiVe nature of barrier islands, HIRD is designed to ensure that growth and development ' is clustered away from enVironmentally:sensitive lands and is limited 'to the.more tolerant upland portions of ~HUtChinson Island, .HIRD is also intended to implement and be consistent with the St. Lucie Coun~ Comprehensive Plan. Intent of Application a. It .is the intent of the,Board ofCounty Commissioners that 'HI'RD shall apply to all multi-family residential prope~ in the unincorporated aroas of North.and South Hutchinson Island. b. No application fOr an amendment to this code, Shall be accepted Which proposes to change the zoning clasSification of any land on North or South Hutchinson Island to a classification other, than to: Hutchinson Island Residential'District (HIRD); Planned Unit Development (PUD); Planned Non-Re: Planned Mixed Use Development Iious ); any Residential, Estate(RE-1 or RE.2) or Single Family (RS'2, RS,3, ) zoning district. ~y residential development~on North or South Hutchinson Isla'nd must be consistent with Paragraphs 4, 5, 6, 7, 8 and 9 of this Section. - Subdistricts For the purposes of this District, lands located on Nodh and South Hutchinson Island are hereby classified into the following subdistricts: ,a. North Hutchinson tsland ~Residential District (NH!RD), which includes those :lands located on No-dh Hutchinson Island inSt. LuCie. County; b. power plant .and the ci~ limits~ of the City of Fort Pierce; and C. SOuth Hutchinson Island Residential District, South (SHIRD-S), which includes those lands located on South ~Hutchinson Island between the Florida .power & Light Company nuclear power plant and Martin County. Environmental Zones For the purposes of this .District, all lands located on North and South Hutchinson Island are classified into one' of the following environmental zones based on their geologic, hydrologic, topographic, and biologic charaCter. ' ' Adopted August 1, 1990 137 Revised Through 04/15/99 Section 3.01.03 Zoning District Use Regulations . . a. Dune PreServation Zone, which includes those 'lands lying .between the mean high water line to~th-e east and the westem edge of the primary dune system, as defined by vegetation and elevation, The Dune PreServation Zone shall have the characteristics of the Beach and Dunelands environmental zone as described in Chapter VIII, Natural Environmental Analysis, of Study: Analysis-of Growth .Management Policy Plan (August, of the primary dune system cannot be ascertained, th~ Y reference'to a management/restoration plan that has been prepared baSed on natural coastal dynamics. b. C. Uplands, which include thOse'lands lying .west of the westem edge of the primary dune system 'and which are not classified as wetlands as defined in paragraph (c) of this subsection. Wetlands, whiCh include those lands lying west of the western ~ edge of the primary dune system that. are 'abOve the elevation of mean high water and are 'included in the landward .extent of waters of the state as defined in Rule 17,4.02(17), Florida Administrative Code, on · the date of adoption of this Code. Permitted Uses The following uses Shall be permitted as of right in environmental zones in the Hutchinson Island Residential District: a. Dune Preservation Zone: b, (1) (2) (3) Residential, densities that can be clustered to Uplands located on the parcel proposed for development. Elevated walkWays. Recreational uses-'n0t.invoiving structures other than elevated walkways. UPlands: (1) (2') (3) (~) ,(5) Detached ~single family dwelling units. Two-and three.family dWelling unit's. MultiPle family dwelling units. Parks. Accessory :uses, .Subject to the requirements of Section 8.00.00. C. Wetlands: (1) (2) (3) (4) Residential densities that can be clustered to Uplands located on the parcel proposed for development. Elevated walkways. permits received .from federal and. state agencies jurisdiction over such area, any. permitted Uplands use. Conditional Uses a. Dune-PreserVatiOn Zone: (1) None. Adopted August 1, 1990 138 Revised Through 04/15/99 Section 3.01.03 Zonin9 Distdct Use Regulations . -b, Uplands: (1) (2) ~ 'Hotel, mOtel, resort, rooming and. boarding houses, tourist court, and time-share or transient lodging facilities with rooms or dwelling-units used for ocCUpancies of less than four weeks, .provided that the number of rooms does not exceed the residential densities set forth in SubseCtion 7 of this 'Section. (e~Je)- Athletic and.entertainment:clubsor faCilities, provided that the proposed.use will not generate traffic in ex.ss of 'that projected for the parcel if developed at the maximum permitted residential density. (3) (4) Bed and Breakfast Residences, 'subject to the requirements of Section 7.10:20. Telecommunication towers -'.subject to the. standards of Section 7.10.23 c. Wetlands: (1) Marinas and. boattaunching'facilities, provided that the area of wetland altered does not exceed five (5%).percent Of the wetlands 'located on the parcel propoSed for development; (2) (3) .Utility transmission facilities; For that portion filled in accord with Permits received .from Federal and state agencies exercising jurisdiction over such area, any conditional upland use. Residential Densities a. Maximum Residential Densities Except 'as provided in .paragraphs b and c of this subseCtion, no structure shall .be constructed' built, moved, .remodeled, occupied, or used as a residential use at a density greater.than the applicable maximum ;residential~density set :forth.'in this paragraph. (Expressed as land use NHIRD SHIRD -N SHIRD - S COIVIMENCME~NT LEVEL 15% 18% 9% LEVEL 2 36% 28% 45% LEVEL 3 54 % 100% 1~00% LEVEL 4 100% does not apply does not apply When the .maximum pementage indicated 'in the table above Would yield less than one (1) mean high water. Adopted August 1. 1990 139 Revised Through 04/15/99 Section 3.01.03 Zoning District Use Regulations b. Existing Uses Co considered a .pm-existing use andbe subject to the provisions of Section 11.07,05(G) if and only .if: (~) The.Structure, project, or use has been occupied .or constructed, or'has received a -building permit, .~site plan, or other County development approval prior to July 12, 1984; and .(2) Development of the structure, project, or use is completed within all applicable approval, periods and time limits. No Change or alteration .of a pre-existing.use as defined in this paragraph shall be permitted if the change 'or alteration-would allow a residential, density :exceeding that set forth in the building .permit, site plan, or other Coun~ development .approval for such existing pre- existing use. Payment of Altemate.Development Fee. A site ;plan for a structure may be approved at a density greater than the applicable maximum set forth in paragraph a of this subsection upon the cOndition that the developer pay to the Board of County CommissiOners the applicable alternate development fee set forth' in this paragraph. In addition, .if the proposed development, together with existing and previously approved development, will necessitate any roadway, bridge, or other improvement to maintain Level rOf Service C annually or D ~dUring peak=season, or will ~require any. traffic control ~device .or access imProvement, the site plan shall not be approved except upon the condition that. building permits not be iSsued until after such improvement-or traffic control devic, e is installed or until-the developer, has executed a contract.for construction of needled improvements and .has provided Attomey. The alternate development fee at issua 'permits and for each .unit exceeding the.maximum set1 (a) ; ,' 1t (amount per residential unit-exceeding tt~ maximum' ~itted at , · $2,336 ' ' ~604 -$13,697 '- Each alternate development fee represents an amount equal to the estimated cost per residential unit to provide the transportation improvements specified in subsection 8 of this Section. All alternate~deVelopment fees collected pursuant to this be received and eXpended solely for the transportation, 'imprOvements, or equiYal ecified in subsection 8 of this Section. Nothing in the paragraph shall ~to be conStruCted, built, moved, remodeled, occupied, or used as a[e: exceeding the maximum set :forth in Level 4 for .the NHIRD subdistrict or 3 for the Adopted August 1, 1990 140 Revised Through 04/15/99 Section 3.01.03 Zoning District Use Regulations . SHIRD.'N and SHIRD-S subdistricts. d. Increase in Maximum :Residential'Densities e. If, at any time after a residential use is approved under paragraph a of this subsection, the capaci~, of'the roadWay system in a subdistrict increases to the extent, that maximum residential densities~ increase from the Commencement Level to 'Level 2, from Level 2 to Level 3, or from Level 3 to.Level 4, a developer may.submit a develoPment appli.cation for the subjeCt .property for additional density as long as the development .Proposed in the application, when considered with the initially approved development, meets the requirements of this section and all other provisions of this Code. Credit fOr Payment of Roads Impact Fee Anry.roads impact-fee paid pumuant to, Section 1-17-30 of the Code of Ordinances of St. Lucie CoUnty, shall'be credited against the applicable alternate development fee asSet forth in seCti°n 3.01.03,AA(7)(c) of this Code. Traffic Capadty.Levels For the purposes of.this Code~ the-following level.s of service or equivalent capacity, as determined to be acceptable by BOard of County Commissioners, shall govern the densi~ Of:development a 7 of this Section-. A traffic capaci~ level shall'be deemed available when the Board:'of County Co-mmissioners :or .other appropriate authOrity 'has accepted a construction bid for th(; stated improvement. a. Commencement Level (1) Existing conditions. b. Level 2 (1) NHI. RD - Existing: conditions as of October 1'2, 1983, together with the addition of lane at State Road AIA and Atlantic .Beach-Boulevard. (2) SHIRD-N -. Existing conditions together with' the 'improvement of Seaway Drive to a four lane road.from the South Beach lCauseway Bddge to Binney Drive, rthe addition of a northbound left tum/aneat the intersection of Ocean Drive and Binney, and the improvement of Ocean Drive in the City of F0d Pier.ce to a three.lane road. (3) SHIRD-S - Existing conditions together with the improvement of either: (a) the Jensen Beach Causeway to a four lane facility, together with improvementOf/ndian: River Drive to a four lane road between the. Jensen CaI Jensen Beach Boulevard, the improvement of State Road A1A tot from the Jensen Beach Causeway to a point one mile north of the St. Lucie. ~Martin County line, and the improvement of Jensen Beach Boulevard to U.S: 1 to four lanes; (b) the Stuart Bridge to. a four lane facility, together with the four laning of the Ocean Boulevard Causeway from Indian River Plantation west ;through the Adopted August 1, 1990 141 Revised Through 04/15/99 Section 3.01.03 Zoning District Use Regulations intersection of Monterey Road, and the four ianing of State Road AIA from the Jensen Beach Causeway to a Point one mile north of the St. Lucie Coun~-.Marlin County line; or (c) the construction of a two lane bridge to South Hutchinson Island at .the Walton Road corridor, together with improvements of Walton Road to four lanes ,west ,of the Savannahs to U.S. 1. Level 3 (1) (2) (3) :NHI.RD - Level 2 improvements plus expansion of the North Beach Causeway to four , lanes, from. north of Atlantic Beach Boulevard to U.S. 1, and the. addition of a north :bOund .right turn lane'at: U.S. I and Seaway Drive. SHIRD-N. Level 2 improvements plus the four laning of Seaway .Drive from Binney ,Drive-to Ocean DriVe or an equivalent improvement, improvement ~of Ocean Drive within the City of Fort Pierce to a-four lane rOad" and the addition ora northbound right turn lane at .the intersection of U.S. 1 and Seaway, S.HIRD-S - Existing conditions'together with two of the improvements specified under .Level 2' above. .d. Level 4 (~) (2) NHIRD - Level 3 improvements:plus grade separation of the North Beach Causeway andthe FloridaEast Coast Railway tracks, an interchange at Seaway Drive and U.S. 1, or'other improvements that will provide at least Level of Service D conditions during the peak season atthe SeawaY Drive and U.S. I intersection, and the four laning ,of_State Road A1A from north of Atlantic BeaCh'Boulevard to the Indian River Co'unty line. SHIRD-N ' Does not apply. (3) SHIRD-S- 'Does not applY. o The ~residential densities permitted .in 'the Dune Preservation Zone and, in the wetlands may be used only if clustered tO uplands located on the parcel :proposed. for development, or if clustered to that potion of the Wetland-stilled in accord with permits received from federal-or state agencies exercising jurisdiction oVer such area.. 10. Lot Size Requirements a. Single FamilY .Development: , , , Lot size-requirements for detached single,family dwelling units shall be in accordance with the lot size requirements.for' the RS~ Distqct found in Table. 1 in Section 7,04.00. b. Multi-Family' Development: ree-family dwelling units shall the RM-11 DistriCt found in Table 1 in Section Adopted August 1, 1990 142 Revised Through 04/15/99 11¸. 12. 13. 1'4. 15. SeCtion 3.01.03 Zoning Distdct Use Regulations 7.04,00. Dimensional/Building Height RequirementS a. Single Family Development: DirnensiOnal requirements for detached single-family residential: units shall be-in accordance with the dimensional requirements:for the RS:~' District found in Table 7.10 in Section 7.04,00, with the exception of .residential densities that are outlined in this section and the requirements of Section 4,01.00, HUtchinson Island- BUilding Height .Overlay Zone. b.'-- Multi. Family Development:- Dimensional reqUir.ementSfor ali multiple,family dwelling units and two- and three-family dwelling units shall' be in accordance With the. dimensiOnal, requirements for the RM-11 District found in Table 7.10 in Section 7:04:00, except'as follows:' (1) Residential denSities shall be as Set forth in subsection 7 of this Section'. (2) 1995 the requirements of Section 4.01,00, Hutchinson Island --Building-Height Overlay Zone shall apply. Off-street .Parking and Loading Requirements Off-street parking and loading requirements shall be :in accordance with SectiOn 7.06.00. ,Landscaping Requirements Landscaping reqUirements shall'be in accOrdance With SeCtion 7.09.00. Nonconforming Lots of Record Notwithstanding any the erection :cfa existing on. the effective this .section, the'provisions of Section 10.00,04 shall govem and customary accessory buildings on any single lot of record this Code. Additions to Recreational Vehicles, Mobile .Homes, and Travel Trailers a. No~ithstanding any other .provision of this section, any mobile home, recreational vehicle, V' ~ ~ l' or tra el trader park space located .in this district shall be considered .an existing conditional use under SectiOn 11.07,05(G) if and only if: (1) the mobile home has ;been ereCted and occupied, or the recreational vehicle or travel trailer park space constructed and used, prior to. the effective date.of this Code; and (2) the mobile.home,' recreational vehicle, or travel trailer park space was a fully confOrming use on the effective date .of this Code. N© addition to an existing mobile home Shall be permitted unless the addition meets all requirements of the RMH-5 District.' Adopted AUgust 1, 1990 143 Revised Through 04/15/99 16. Co Section 3.01.03 Zoning District Use Regulations No Recreational Vehicle. Travel Trailer, Detached Single Family Residence. Class A:Mobite Home or addition thereto Shall.be permitted unless the Recreational .VehiCle, Travel Trailer. DetaChed Single Family Residence, Class A Mobile Home ~or addition thereto meets all -applicable requirements of Section 7.10,16 (RECREATiONAL'VEHICLE PARKS) in existing recreational vehicle parks., or Section' 7.10.17' '(MOBILE HOME PARKS) in existing mobile home parks. .d. An addition in existence aSof Apdl. 18' 1989. (Ordinance 89-09) which does not meet the requirement established in this Section shall be deemed a nonconforming structure and shall be subjeCt to ~the provisions of Section 10.00,03. However, existing additions which pose a threat . or welfare of the general public as determined by the. Fire pursuant to~ Safety Criteria for Mobile Home Installations, Sites, andCommunities, NFPA 501A-1982, as applicable, .must be.brought into compliance or removed. The decision of the Fire Marshal may be appealed 'to the Board of Construction and Appeal'. Sea: Turtle Protection Sea turtle ~protectionrequirements Shall be.in accordance with Section 6.04,02. Adopted August 1. 1990 144 Revised Through 04/15/99 S S£ L ~NFI-O0 33~30H033)10 Surf'n Sand Prop.erties, l.n.c. ' ZOning Iraq o :Heron Waterway rive King.fisher Waterway Bi rive Shore CG Win'ds 0 HIRD RS-4 Drive R7 99-020 Community Development Geographic Information Systems Map revised July 26, t999 Land Use Surf '.n Sa.nd Properties, i.nc. Rt Heron Waterway Kingfisher Waterway Shore B RZ 99-020 ' '~ '!' 1 .J :: ?E. ! W .., 1 _:; ': :',:7.: _' 7 / I ~, ~. I tt Winds - . - , : . .._ o RM Drive Community Development Geographic Information Systems Map revised July 26,1999 AGENDA -PLANNING & ZONING COMMISSION THURSDAY,, A'UG UST 19, 1999 7:00 P.~M. Surf'N Sand Properties, lnc.,, has petitioned St. Lucie County for a .Change in Zoningpom the CG ( ~ ~ mmerctal, 'GeneraO Zontng Dtsmct to the HIRD (Hutchinson Island Residential DistricO (LocatiOn: 3.000 N°rth SR ,4-1-,4) Please note that ~all proceedings before the Local Planning Agency are electronically recorded. Ifa 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 purposes, 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 anyparty to theproceeding, individuals testifying during a hearing will~be ~worn in. Any. party to ~the.proceedtng will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will. also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners August 15, 1999. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers neral circulation in St. Lucie County,. on August 6, 1999. File No. RZ-99-020 ST. LUcIE COUNTY. PLANNi.N~ AND ZONING COMMISSION PUBLIC HEARING AGENDA AUGUST 19, 1999 TO WHOM IT M~Y CONCERN: ~ NOTICE is hereby given in ~accordance with Section 11.00,03 of Development. COde and' the mission cot g request:. GOD FAITH TEMPLE CHURCH, (DAvID CLEVE. :or a COnditional Use Permit for Educational Ser, lious Facilities).Zoning .District for 165 FT LESS W 25 FT (0.10 AC)(OR 968-1 90 FT OF S 115 !FT OF W 115 (0~19 AC) (OR 968-1748) (TAX . .. ',TRACT 15' RuN S LI '115 PO.B, TH CONT E .I'.00 FT, TH N TO 'A 'PT LI..TRACT 15, TH W 100 FT, TH S'.157.5 .FT M/L R/W AS IN' OR 304-454 (0~29 AC)(OR '96.'~- 2404-608Z0038~010/0); ,~ND, ' · 5 40 E'1.00 FT_ OF W 125 FT OF S N 180 FT., 5 - LESS TO ~'ESTELLE STEVENS (0.33 AC)(OR 726-1097)'(TAX I.D~ NO..2404,608-0040-000/4)i. (Location: Southeast COrner of the intersection .of Avenue ~' and North 29th Street) 2. SURF'N SAND PROPERTIES,~tNC., for a'.Change in Zoning'from the CG (Commercial, 'General) Zoning Distrid.to the HIRD (HutChin, son Island Residential District) Zoning'District for'the following , ';, Co~:al Cove Beach SectionC plat thereof, recorded in Plat' Book 11, page 30 "A" and "B" of the;Public 'Records of St, Lucie County,'Florida. .:· AND ALSO: · · ' ~ .PARCEL' 2: The following described lot, Piece, 0r"parcel ~f land sitUate lying and being in' the COunty of St. Lucie, State of Florida,. to wit: Records of St..Lucie ~County, Florida and water, line 'of the Atlantic Ocean as it exists to lying south .of the north line of Tract "Q" Section One as extended 'from its: intersection with the east line of said Tract "Q" along its same bearing to the mean hig~'.water line of the At!anti~: Ocean, and lying north of,.tJ~e south Jine ~f Tra~ '"Q"; as extended from its intersection with the ~east line. of Tract "Q" of C6ral 'Cove Beach section One along .its samebearing to the mean high water-line of the Atldntic' ,Ocean,.. (TaX I.D.. No.. 1425-701-0220-000/8). (Location: 3000 NOrth SR A-l-A) ! PUBLIC HEARINGS will be held in. Room .101, St.'.~Lucie Co0ntyJ Administration Building,'2300 Virginia 'Avenue, F0rt Pieri:e, Fl0rid~'J on August 19, 1999, beginning at ~:00 P.M, or as soon thereafter c~'s J possible. - . ' ' : Or .or ch he es .the' testimony, and evi- dence upon whi'ch the appeal is to be based. PLANNING AND zoNING COMMISSION ST. LUCIE COUNTY, FLORIDA' /S/DIANA WESLOSKI, CHAIRMAN PUb.: Aug. 6, 1999 ". No. 3525 ST. LUCIE COUNTY PLANNING .AND ZONING COMMISSION' pUBLIC iHEARING AGENDA AUGUST 19, 1999 TO WHOM IT MAY CONCERN: NOTICE is hereby given, in -accordance with Section 11.00.03 af the St. Lucie Counly Land DeVelopmenl. iCode and lhe provisions of lhe St. Lucie County-Camprehensive~Plan, lhe following applicanls have requested that the St.' Lucie County Planning and Zoning Commission consider their fallowing request: 1..', ASSEMBLY OF ~D.FAITH TEMPLE'CHURCH .[DAVID .:CLEVELAND, AGENT], for. a ConditiOnal Use Permil for ..~, Educational Services and Facilities in the RF (Religious · Facilities) Zoning DiStriCt for the following described ~. property: "GARDEN CITY FARMS, 05 35 40 N'50 FT OF S 165 FTOFW 115 FT OF TRACT 15 - LESS W 25 FT.(0~,10 AC)(OR · .- 968-1748) [TAX I.D. NO. 2404-608-.0044-000/2); GARDEN crlY FARMS, 05 3'5 40 N 90 FT OF S 115 FT OF W 115 FT OF. TRACT 15 -~' LESS W 25~ FT (0,1.9 AC) (OR 968-1748). (TAX I.'D. NO. 2404~8-0043-000/5); GARDEN' CITY FARMS, 0535 ~40 FROM SW COR TRACT 15 S~NS [0.3'3 AC] [OR .726-1097]'[TAX I,D. NO. 2404-608,0040-000/4]. [LOCation: Southeast comer of the Intersection of Avenue T and North 29th Street]- 2.;. SURF'N SAND PROPERTIES, INC., .fOra Change in zoning from the CG [Commercial, General] Zoning District to the HIED . [HutchinSon Island ResidentiaI District)' zoning DiStrict' for fhe following described prop,erly: PARCEL 1: ... TRACT ~Q" ONE, A ' TO THE P :' *A" AND : RECORDS OF ST. LUCIE COUNTY, FLORIDA. AND ALSO: PARCEL 2: THE .'FOLLOWING DESCRIBED LOT, PIECE;~ OR. PARCEL OF LAND SITUATE LYING AND.BEING IN THE cOU~ OF ST. LUCiE, STATE OF FLORIDA, TO WIT: ALL SEC110Nr 25, FAST ONJ OF TH~ "-'F TRACT OF iTS ~SAME (LOCation: 3000 North SR A, 1-A} ..~, PUBLIC HEARINGS wilt be held in Room 101 ,.St. Lucie County Administration Building, 2300 Virginia.AvenUe, Forl .Pierce, Fl~)tida on August 19, 1999, beginning at 7:00 P.M, or as soon tl~eteafler as 'Possible. . . ."'"'PURSUANT TO Section 286.01:05, FlOrida Statutes, if a person dZ~:eides la' appeal any c~e¢ision made. by a board, agency, or c"~mmission with .respeCt:lo any mallet considered at a meeting or hearing, be'will, need a record of the proceedings, and that* for sUCh PurpOses, hemay need to ens~ire that a verbatim record of the Proceedings is made, which record includes the testimony and evider~ce .Upon which the appeal is lobe.based. PLANNING AND ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA /S/'DIANA WESLOSKI, CHAIRMAN PUblish: AUgust 6, 1999 , , ,