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July 15, 1999
St. Lucie County Planning and Zoning Commission/Local Planning Agency Regular Meeting St. Lucie County Administration Building- Room 101 July 15, 1999 7:00 P.M. AGENDA CALL TO ORDER: A. Pledge of Allegiance B. Roll Call C. Announcements D. Disclosures AGENDA ITEM 1: MINUTES OF THE MAY 20. 1999. MEETING Action Recommended: Approval Exhibit #1' Minutes of the May 20, 1999, Meeting AGENDA ITEM 2: MINUTES OF THE JUNE 17, 1999, MEETING Action Recommended' Approval Exhibit #2' Minutes of the June 17, 1999, Meeting AGENDA ITEM 3; FILE NO. RZ-99-016. PIPPIN TRACTOR 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. Staff comments by Cyndi Snay. Action Recommended' Forward Recommendation to County Commission Exhibit #3' StaffReport and Site Location Maps AGENDA ITEM 4: FILE NO. RZ-99-018. ANTHONY COSCIA & SONS. I,C. 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. Staff comments by Hank Flores. Action Recommended' Forward Recommendation to County Commission Exhibit #4' StaffReport and Site Location Maps Planning and Zoning Commission Agenda July 15, 1999 Page 2 AGENDA ITEM 5: FILE NO. RZ-99-019, CROCE GIAMBANCO Petition of Croce Giambanco, for a Change in Zoning from the CG (Commercial, General) Zoning District to the I (Institutional) Zoning District. Staff comments by Hank Flores. Action Recommended' Forward Recommendation to County Commission Exhibit//5' Staff'Report and Site Location Maps AGENDA ITEM 6: FILE NO. CU-99-004. MARI~ENE HADDEN Petition ofMarlene Hadden, for a Conditional Use Permit to allow a family residential home within 1,000 feet of another such family residential home. Staff comments by Cyndi Snay. Action Recommended' Forward Recommendation to County Commission Exhibit/46: Staff'Report and Site Location Maps AGENDA ITEM 7: FILE NO. CU-99-005. DREIDA MCNAIR Petition ofDreida McNair, for a Conditional Use Permit to allow a family residential home within 1,000 feet of another such family residential home. Staff comments by Cyndi Snay. Action Recommended: Forward Recommendation to County Commission Exhibit//7' Staff'Report and Site Location Maps AGENDA ITEM 8: 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: Forward Recommendation to County Commission Exhibit//8' Staff Report and Site Location Maps AGENDA ITEM 9: FILE NO. ORD-99-017, DRAFT ORDINANCE 99-017 Consider Draft Ordinance 99-017, amending 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 or private road fights-of-way only. Staff comments by Hank Flores. Action Recommended' Forward Recommendation to County Commission Exhibit #9' Staff Report and Draft Ordinance Planning and Zoning Commission Agenda July 15, 1999 Page 3 OTHER BUSINESS: Ae Co Other bUsiness at Commission Members' discretion. Next regular Planning and Zoning Commission/Local Planning Agency meeting will be held on August 19, 1999, in Room 101 of the St. Lucie County Administration Building. Next Local Planning Agency Comprehensive Plan public heating will be held on July 29, 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 hearing, 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 hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross examine any individual testifying during a heating upon request. Any questions about this agenda may be referred to the St. Lucie County Planning Division at 561/462'1586. COLOR CODE PLANNING & ZONING PACKET CONTENTS 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) D) Legal Ad Affidavit EACH OF THE FOLLOWING RECEIVE A PACKET: EACH of the nine P & Z Members Planners (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 Consultants (fax Agenda to Karen @ 465-9904) Deighan 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 Orange 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 ',Last Fax ............. Date Time Tvve Identification Jul 9 12:53pm Sent 94659904 Result: OK - black and white fax OK color- cOlor fax Fax History Report-for St. Lucie County Florida 4621581 Jul 09 1999 I2:54pm , Duration Pages ,ResuIt 1:31 3 OK HP OfficeJet Personal Printer/Fax/Copier/Scanner ..Last Fax ,Date ,Time Twe Identification Jul 9 12:55pm Sent ,, , 93379774 Result: OK - black and white fax OK color - cOlor fax Fax History Report for St. Lucie County Florida 4621581 Jul 09 1999 12: 56pm Duration Paees Result 1:09 3 OK ! , ]PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY ST. LUCIE COUNTY, FLORIDA JUNE 17, 1999 - REGULAR MEETING MINUTES BOARD MEMBERS PRESENT- Ed Merritt, Ramon Trias, Carson McCurdy, Noreen Dreyer, Charles Grande, Albert Moore (arrived at 8:24 - excused) BOARD MEMBERS ABSENT: Stefan Matthes, Ed Lounds, Diana Wesloski (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; Cheryl Thole, Planning Intern; and JoAnn Riley, Planning Technician PLEDGE OF ALLEGIANCE' The Pledge of Allegiance was led by Chairman McCurdy ANNOUNCEMENTS' Mr. Kelly stated that Agenda Item #1, Adron and Pamela Chambers, for a Change in Zoning from the RS-3 (Residential, Single-Family - 3 du/acre) Zoning District to the CO (Commercial, Office) Zoning District has been withdrawn by the applicants. Mr. Kelly stated that Agenda Item #2, 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 has been withdrawn by the applicant. Planning & Zoning Commission/ Local Planning Agency June 17, 1999 Page 1 PUBLIC HEARING CASSENS LAND ENTERPRISES, INC. FILE NO. RZ-99-007 Chairman McCurdy explained the Planning and Zoning Commission heating procedures. Ms. Cyndi Snay presented staff comments. Ms. Snay stated that she was presenting the petition of Cassens Land Enterprises, Inc. for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the IL (Industrial, Light) Zoning District. Ms. Snay stated that the purpose of the rezoning is to continue the existing warehouse/storage operation for property located at 3180 North Kings Highway. The subject property is located within the MXD-Airport land use designation. Ms. Snay stated that according to Policy 1.1.7.4 of the St. Lucie County Comprehensive Plan the subject property would be appropriate for either commercial or industrial development. The applicant's request for a Change in Zoning would be compatible and would further the Goals, Objectives, and Policies of the St. Lucie County Comprehensive Plan. The rezoning is not expected to create additional demands on service delivery as the subject property is already being utilized as a storage/warehOuse facility in association with a grove. 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 that the request is consistent 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 McCurdy asked if there was any discussion of the Board. At this time, Chairman McCurdy opened the public portion of the heating. Mr. Steve Cassens, 3180 North Kings Highway, Fort Pierce, addressed the Board. Mr. Cassens stated that he would be happy to answer any questions that the Board may have. Mr. Merdtt asked Mr. Cassens if this parcel of land is currently in operation. Mr. Cassens stated that currently there is an office, a warehouse, and a maintenance shop. He stated that he is concerned about the warehouse which he stores agricultural products and repairs pallet bins for packing houseS. He said that he would like to use this warehouse for other reasons, such as for paper goods. Planning & Zoning Commission/ Local Planning Agency June 17, 1999 Page 2 Mr. Merdtt asked Mr, Cassens what is located next to the warehouse. Mr. Cassens stated that the piece of property that is located directly to the south of the warehouse is a mower repair shop. Chairman McCurdy asked if there were any other questions from the Board. Chairman McCurdy asked if there was anyone else from the public that would like to speak on this issue. Hearing no arguments in favor or in opposition to Cassens Land Enterprises, Inc., Chairman McCurdy closed the pUblic portion of the hearing. Chairman McCurdy asked what was 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. Merritt moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Cassens Land Enterprises, Inc., for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the IL (Industrial, Light) Zoning District. Mr. Grande seconded the motion, and upon roll call the motion was approved 5-0. Chairman McCurdy stated that the petition would be forwarded to the Board of County Commissioners with a recommendation of approval. Planning & Zoning Commission/ Local Planning Agency June 17, 1999 Page 3 PUBLIC HEARING SEMINOLE FARMS (DANIEL A. RUBINO, AGENT) FILE NO. RZ-99-015 Ms. Cyndi Snay presented staff comments. Ms. Snay stated that she was presenting the petition of Seminole Farms (Daniel A. Rubino, Agent), for a Change in Zoning from the RS-3 (Residential, Single-Family - 3 du/acre) Zoning District to the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District for a 1.15 acres of land located at 505 East Midway Road. Ms. Snay stated that the purpose of the rezoning is to expand an existing grove. Ms. Snay stated that the subject property is designated with an RU (Residential Urban) land use. The surrounding zoning to the subject property is RS-3 (Residential, Single-Family - 3 du/acre) to the south, east, and west. RS-2 (Residential, Single-Family - 2 du/acre) to the north. Ms. Snay stated that the general development character of this area is residential. The existing use of the subject property as a grove, is not permitted within the RS-3 (Residential, Single-Family - 3 du/acre) Zoning District. BaSed upon the use being in existence prior to zoning going into effect, the use is considered a non-conforming use of record. According to the Land Development Code, the applicant may not expand a non-conforming use. In order to expand the use, the applicant is required to rezone to a district which will allow agricultural uses. Ms. Snay stated that the area is developed with an urbanized residential character. This area was developed under the RS-3 (Residential, Single-Family - 3 du/acre) Zoning District guidelines. Therefore, the AR-1 (Agricultural, Residential - 1 du/acre) district would not be appropriate for this area. Ms. Snay stated that the applicant's request is incompatible with the Goals, Objectives, and Policies of the St. Lucie County Comprehensive Plan. The proposed rezoning would not result in the continuing orderly and logical development pattern of this area. Ms. Snay stated that staff has reviewed this petition and determined that it does not conform with the standards of review as set forth in the St. Lucie County Land Development Code and is 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 denial. Chairman McCurdy asked if there were any questions from the Board. At this time, Chairman McCurdy opened the public portion of the hearing. Planning & Zoning Commission/ Local Planning Agency June 17, 1999 Page 4 Chairman McCurdy asked if there was anyone who would like to speak on this issue. Hearing no comments in favor or in opposition to Seminole Farms (Daniel A. Rubino, Agent), Chairman McCurdy closed the public portion of the hearing. Chairman McCurdy asked if.there were any questions from the Board. Mr. Grande stated that if he understood correctly, granting this would be memorializing the current non-conforming use for the purpose of expanding the non-conforming use. Ms. Snay stated that is correct. 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 deny the application of Seminole Farms (Daniel A. Rubino, Agent), for a Change in Zoning from the RS-3 (Residential, Single-Family - 3 du/acre) Zoning District to the AR-1 (Agricultt~al, Residential - 1 du/acre) Zoning Disthct because the request is in Conflict with the standards of the St. Lucie County Comprehensive Plan and the St. Lucie County Land Development Code, it would appear to place spot zoning in the middle of a residential area and while the owner can continue with the non-conforming use as is, She does not want to see that use expanded. Mr. Grande seconded the motion, and upon roll call the motion was approved 5-0. Planning & Zoning Commission/ Local Planning Agency June 17, 1999 Page 5 PUBLIC HEARING WOLFGANG HOFHERR FILE NO. CU-99-001 Ms. Cyndi Snay presented staff comments. Ms. Cyndi Snay stated that she was presenting the petition of Wolfgang Hofherr for a Conditional Use Permit to allow the manufacturing of cut stone and stone products in the IL (Industrial, Light) Zoning District for property located within the Kings Highway Industrial Park. Ms. Snay stated that the applicant is proposing to manufacture marble and stone custom objects. The operation of the business will occur completely inside the building. The Kings Highway Industrial Park was developed for multiple industrial uses. The proposed use will be compatible with the uses located within the existing industrial park. Ms. Snay stated that the proposed use is not expected to negatively impact any property located within the surrounding area or produce additional demands on pubic services. 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 McCurdy asked if there were any comments from the Board. Mr. Grande asked Ms. Snay if there was any chance for discharge of pollutants into the canal. Ms. Snay stated that the applicant has submitted information that the production would only include the cutting of stone and not the actual making of it. Chairman McCurdy asked if there were any other questions for staff. At this time, Chairman McCurdy opened the public portion of the hearing. Chairman McCurdy asked if there was anyone who would like to speak on this issue. Mr. Michael Jacquin, of Paul Jacquin & Sons, 7348 Commercial Circle, Fort Pierce, addressed the Board. Mr. Jacquin stated that he would like to provide the Board with information on the machines that will be used. He stated that the machine is designed for cutting and is on order from Italy. They are also involved with counter tops. He stated that the business is currently located in Indian River County and they would like to move to the Industrial Park. Planning & Zoning Commission/ Local Planning Agency June 17, 1999 Page 6 Mr. Jacquin stated that in regards to the question regarding contaminants, the products used are made of natural stone, which they grind with water. He stated that there are no effects at all. Ms. Dreyer asked Mr. Jacquin if there are appropriate exhaust fans to filter the dust. Mr. Jacquin stated that they will be using water and, therefore, there will be no dust. It is almost like sand. Mr. Merritt asked Mr. Jacquin if sand blasting is involved. Mr. Jacquin stated that there was no sand blasting involved. All natural products are used. Chairman McCurdy asked if there was anyone else from the public who would like to speak on this issue. Hearing no further comments in favor or in opposition to Wolfgang Hofherr, Chairman McCurdy closed the public portion of the hearing. Chairman McCurdy asked if there were any other questions from the Board. Chairman McCurdy asked what was 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 11.07.03, St. Lucie County Land Development Code, Mr. Merritt moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Wolfgang Hofherr, for a Conditional Use Permit to allow the operation of a marble and granite cutting and polishing business in the IL (Industrial, Light) Zoning District. Ms. Dreyer seconded the motion, and upon roll call the motion was approved 5-0. Planning & Zoning Commission/ LoCal Planning Agency June 17, 1999 Page 7 I PUBLIC HEARING ECKERD YOUTH ALTERNATIVES, INC. FILE NO. RZ-99-017 Ms. Cheryl Thole presented staff comments. Ms. Thole stated that she was presenting the petition of Eckerd Youth Alternatives, Inc. for a Change in Zoning from the CG (Commercial, General) Zoning District to the I (Institutional) Zoning District. The subject property is 10.25 acres and is located at 8500 Orange Avenue Extension which is on the north side of Orange Avenue and approximately 1,000 feet west of Rock Road. Ms. Thole stated that the surrounding zoning to the subject property is U (Utilities) to the south. I (Institutional) to the north and east. AR-1 (Agricultural; Residential - 1 du/acre) to the west, with a nonconforming subdivision of which several lots have been changed to RS-4 (Residential, Single- Family - 4 du/acre). Ms. Thole stated that the surrounding land uses are T/U (Transportation Utilities) to the south. PF (Public Facilities) to the north and east. RU (Residential Urban) to the west. There are several I (Institutional) uses in the area. The Future Land Use Classification of the immediate surrounding area is COM (Commercial). Ms. Thole stated that Eckerd Youth Alternatives is an educational service. This use requires a Conditional Use Permit, which will be considered tonight as an accompanying petition. Ms. Thole 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 McCurdy asked if there were any questions for staff. At this time, Chairman McCurdy opened the public portion of the hearing. Chairman McCurdy asked if there was anyone from the public who would like to speak on this issue. Mr. George Young, Vice President of Operations for Eckerd Youth Alternatives, addressed the Board. Mr. Young thanked the Board for the opportunity to present their need for the property to be rezoned. He stated that Eckerd Youth Alternatives is a non-profit organization which started in 1968. They operate residential and non-residential programs. He stated that one of their better programs is the one in Fort Pierce, which has been operating since 1996. He stated that this program would be a non-residential program that would serve a maximum of 30 students between the ages of 13 and[ 18. These students are first time offenders, many who are local to the City ~and the County. Planning & Zoning Commission/ Local Planning Agency June 17, 1999 Page 8 He stated that their current site has been sold and they need to move to a new site by August 30, 1999. j'UVe~le Justice proVides a review of the program On a regUlar basis and he read a statement from Juvenile Justice that stated an all site review was conducted and the performance rating deemed it satisfactory. Mr. Young stated that this is a good program that will continue to assist youth in the area for years and that he hopes this Board will approve their petition. He stated that there are various peoPle present tonight who will be able to provide any other information that the Board may require. Chairman McCurdy asked if there were any questions from the Board. Ms. Shelly Owens, 124 Corinne Road, Fort Pierce, addressed the Board. Ms. Owens stated that her lot is the nonconforming lot that is located within the residential area to the west of the site. She stated that there is not a Jean Road that appears on the GIS maps and therefore, this site is directly against her backyard. She stated that she is opposed to this petition as it will be for juvenile offenders. She stated that there is an area that is located to the east of the subject property that she believes has been rezoned from Institutional to Utilities. Mr. Hank Flores said that he believes that an area may have been rezoned to Utilities to allow for a telecommunications tower at one time, but he is not exactly sure where it is located. Ms. Owens asked why it was rezoned Utilities if there was an Institutional use within there instead of directly adjacent to their residential area. Ms. Owens stated that she wanted to go on record as being opposed to the change in zoning for the subject property. Chairman McCurdy asked if there was anyone else who would like to speak on this issue. Mr. Arthur Pratt, 8670 West Avenue B, Fort Pierce, addressed the Board. Mr. Pratt stated that he has owned his property for 19 years and when the St. Lucie County jail was built in the area, the County Commissioners promised to keep an agriculture'buffer zone. He stated that the first 2.5 acres of the property was Commercial and he would like to know when the back half of the property was changed. He stated that he is concemed about who will be responsible for paying for the EPA clean- up that is needed. Mr. Ralph Oakey, 124 Corinne Road, Fort Pierce, addressed the Board. Mr. Oakey stated that his property is 30 feet off the property line. He stated that they just had a difficult time with a bus company that used to occupy the lot which made it undesirable to live there. He stated that the area that is located between the jail and the Emergency Operations Center is currently Institutional and he was wondering why Eckerd Youth Alternatives could not operate in this area. He believes that it would be more reasonable. He stated that the area in which they live is going to be deVeloped. He does not think that it will be easy to develop and sell this land if this use is put in. Mr. Ben Robinson, 4804 Matanzas Avenue, Fort Pierce, addressed the Board. Mr. Robinson stated that he serves as Deputy to the Juvenile Justice Manager for the Department of Juvenile Justice. He Planning & Zoning Commission/ Local Planning Agency June 17, 1999 Page 9 stated that he is sensitive to the, concerns of the neighboring residents. Eckerd Youth Altematives would ]tike to be good neighbors, He stated that the program will mn during typical school hours and there will be no one on the property at night. He said that they have been good neighbors with the residents on Atlantic Avenue. Chairman McCurdy asked Mr. Robinson if he had stated that this would be a strictly daytime operation. Mr. Robinson stated that it is a daytime program. He stated that the students are bussed in and out. Mr. Merritt asked Mr. Robinson if they would be bussing the students. Mr. Robinson stated that there are vans which they use to pick-up the students. Mr. Men'itt asked Mr. Robinson if parents would be transporting any of the children. Mr. Robinson stated that the program picks the students up from their homes and at the end of the day brings them home. Mr. Men'itt asked Mr. Robinson if the individuals have felony records. Mr. Robinson stated that there may be some and the offenses are minor. He stated that Juvenile Justice runs several programs, the most severe being a level 10 which is a residential program, a level eight, six, and four are residential programs as well. He stated that a level two is one in which the Court will attempt to give a youngster another chance to work with the community. Mr. Merritt asked Mr. Robinson if there would be security on site. Mr. Robinson stated that there will be staff present to make sure that the roles and regulations are imposed. Chairman McCurdy thanked Mr. Robinson. Ms. Shelly Owens, 124 Corrine Road, Fort Pierce, addressed the Board. Ms. Owens stated that she did not have the opportunity to see a site plan for this and is not aware as to the type of buffer that is being proposed for the site. She asked that this be considered when making their decision on the rezoning. Ms. Dreyer asked Mr. Flores if this would have to come back as a Conditional Use. Mr. Hank Flores stated that the next agenda item is the Conditional Use petition for this property. He stated that a decision on the rezoning must be made first. He stated that conditions could be decided at that time. Planning & Zoning Commission/ Local Planning Agency June 17, 1999 Page 10 Ms. Owens asked Mr. Flores what a Conditional Use is. Mr. Flores stated that a Conditional Use is a use that you can have on a property subsequent to Board of Comity Commission approval. He stated that certain limits and numbers of hours can be set, etc. Ms. Owens asked Ms. Young if this heating is so, one can move forward with the plan before they go before the Board of County Commissioners. Ms. Young stated that there are two hearings for each of these agenda items. She stated that this Board is a recommending body to the Board of County Commissioners who makes the final decision. Ms. Owens asked Mr. Kelly if it has been established whether or not the entire property is designated as Commercial. Mr. Kelly stated that the information came from maps of the County and he does not remember if one of the areas was changed. Mr. Pratt stated that the prior owner said that the front 2.5 acres is zoned Commercial. Mr. Kelly stated that staff'will research this before the Board of County Commission meeting. Ms. Owens stated that the data is incomplete regarding this area. Mr. Kelly stated that he believes there is complete information and that the entire property is CG (Commercial, General) at this time. NOTE' Ms. Shewchuk left the meeting to check the zoning records. When she returned, she confirmed that the entire site was zoned CG (Commercial, General). Mr. Merritt asked Mr. Kelly if someone could explain where the roads are and where the buildings sit in reference to the property. Mr. Kelly suggested to Mr. Merritt that he discuss that information in the Conditional Use and to only deal with issues that pertain to the rezoning at this time. Mr. Dale Johnson, who is employed by Irene Reese Realtors, 2401 West Midway Road, Fort Pierce, addressed the Board. Mr. Johnson stated that they represent approximately twenty property owners in the Jay Gardens subdivision. He stated that Institutional zoning would probably be more desirable than Commercial zoning providing there is a good buffer, a good building style, and the aesthetics are pleasing. He stated that he would like to have more information on the proposed area to report to the land owners that he is represents. He believes this would be a good use for the property. He questioned the property to the north of the subject area and to the east as well. Planning & Zoning Commission/ Local Planning Agency June 17, 1999 Page 11 Mr. Kelly stated that he believes the specifics of the use and the site plan of the building should be discussed when the Conditional Use is addressed. He believes it is more appropriate to only question material dealing with the rezoning at this time. 'He stated that the intent is to renovate the existing bUilding. The children will be bussed in each day and ,they are not allowed to use their own cars. It is a daytime program with children who are first time offenders. He stated that staff looked at the current site and that it did not Seem to be a problem. Mr. Johnson stated that he is particularly concerned with a buffer that would go along Jean Road. Chairman McCurdy asked if there was anyone else who would like to speak on this issue. Ms. Diane Burton, Program Supervisor for Prevention Education for Children Homes Society, addressed the Board. Ms. Burton stated that they have worked with Eckerd Youth for approximately three years and that she believes that the program is exemplary. She stated that the children are strictly supervised and that these are kids with hope. She stated that this program needs this parcel for their facility. Mr. James H. Brown, 5200 Matanzas Avenue, Fort Pierce, addressed the Board. Mr. Brown stated that he is the Executive Director for Project ROCK (Reaching Our Community Kids), and they have been involved with the Eckerd Youth program. He stated that the kids come to the Church, they clean and work with the church in their various actiVities. He stated that the Eckerd Youth kids are very well mannered, they got off track, and are working their way back. He stated that he understands the concerns of the neighbors. He hopes this Board will vote in favor of this rezoning to give Eckerd Youth the opportunity to continue their services to the County. Mr, Gerald Mitchell, Senior Counselor at Eckerd Youth, addressed the Board. Mr. Mitchell stated that there are kids that recently graduated in the area and have received scholarships to local colleges. He stated that he thought this would be a great opportunity for the kids and the community and they hope to be able to continue their service. Mr. Dennis Raulerson stated that he has a daughter in the program and it is a good program. He believes that Eckerd Youth is a great service to the kids. Ms. Fran Crivett, Treatment Coordinator at Eckerd Youth, addressed the Board. Ms. Crivett stated that she wanted to let the Board know that the program is like a family. She stated that she never has had any concern about whether the kids would do anything wrong and if something were to happen she believes that the staff is strong and will work things out immediately. Chairman McCurdy asked if there was anyone else who would like to speak on this issue. Ms. Eve Martile stated that her son was in the program and she understands the concerns of the residents. She stated that Eckerd Youth was better for him than the public schools. She stated that she supports this program. Planning & Zoning Commission/ Local Planning Agency June 17, 1999 Page 12 Vernon, a previous student of Eckerd Youth, addressed the Board. Vemon stated that Eckerd Youth helped him get back on track in dealing with his anger management and how to communicate with his family. It is a good program. Mr. Sandy Mack, Supervisor at Eckerd Youth, addressed the Board. He stated that kids need therapy and if Eckerd Youth is not able to function, the kids would be without help that they really need. He stated that he sympathizes With the residents. Mr. (unintelligible) stated that he has' been with Eckerd Youth for three years and that they need the support of the community to continue the program. Chairman McCurdy asked if there was anyone else who'would like to speak on this issue. Hearing no further arguments in favor or in opposition to Eckerd Youth Alternatives, Inc., Chairman McCurdy closed the public portion of the hearing. Mr. Kelly stated that Ms. Shewchuk had checked the County records and in December of 1985 the entire 10 acres was zoned Commercial. Chairman McCurdy thanked Mr. Kelly for the information. Chairman McCurdy asked if there was any discussion among the Board. Mr. Grande asked Mr. Kelly about Jean Road and what kind of access exists to the residential properties along Jean Road. Mr. Pratt stated that road does not exist. Mr. Grande asked Mr. Kelly if there was a right-of-way for Jean Road. Mr. Kelly stated yes. Mr. Dale Johnson, who is employed by Irene Reese Realtors, 2401 West Midway Road, Fort Pierce, addressed the Board. Mr. Johnson stated that he had some information on this issue. In 1958, the Jay Gardens subdivision was accepted and put on file. Since then only a few homes have been built and the County has not done much work in that area. Chairman McCurdy asked if there was any other questions for staff. Chairman McCurdy asked Mr. Kelly if going from a CG (Commercial, General) Zoning to an I (Institutional) Zoning is considered a down zoning. Mr. Kelly stated that in general, he would say yes. There are generally less intense uses in I (Institutional) than in CG (Commercial, General). Planning & Zoning Commission/ Local Planning Agency June 17, 1999 Page 13 Chairman MCCurdy asked Mr. Kelly if trucking operations would have been permitted in that area. Mr. Kelly stated that trucking operations are a permitted use. Chairman McCurdy asked if there was any discussion from the Board. Chairman McCurdy asked what was 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. Merritt moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County commissioners grant approval to the application of Eckerd Youth Alternatives, Inc., for a Change in Zoning ~om the CG (Commercial, General) Zoning District to the I (Institutional) Zoning District. Ms. Dreyer seconded the motion, and upon roll call the motion was approved 5-0. Planning & Zoning Commission/ Local Planning Agency June 17, 1999 Page 14 PUBLIC HEARING ECKERD YOUTH ALTERNATIVES, INC. FILE NO. CU-99-003 Ms. Cheryl Thole presented staff comments. Ms. Thole stated that she was presenting the petition of Eckerd Youth Alternatives for a Conditional Use Permit to allow a Private School Establishment in the I (Institutional) Zoning District. The subject property is 10.25 acres and is located at 85:00 Orange Avenue Extension which is on the north side of Orange Avenue and approximately 1,000 feet west of Rock Road. Ms. Thole stated that the surrounding zoning to the subject property is U (Utilities) to the south. I (Institutional) to the north and east. AR_ 1 (Agricultural, Residential - 1 du/acre) to the west, with a nonconforming subdivision of which several lots have been changed to RS-4 (Residential, Single- Family- 4 du/acre). Ms. Thole stated that the surrounding land uses are T/U (Transportation Utilities) to the south. PF (Public Facilities) to the north and east. RU (Residential Urban) to the west. There are several I (Institutional) uses in the area. Ms. Thole stated that Eckerd Youth Alternatives currently operates within the City of Fort Pierce. The building which they have been leasing has been sold. Approval of this petition would allow for continued service to the community. Ms. Thole stated that Eckerd Youth Altematives has provided information which is attached to the meeting packets that describes their educational programs and operations. The attached plan shows the locations of the buildings and proposed use areas on-site. She stated that these documents describe a use which is compatible for the site and consistent with both the St. Lucie County Comprehensive Plan and the St. Lucie County Land Development Code if the condition of "improvements to the site shall meet all St. Lucie County Land Development Code requirements" is met. A copy of the floor plan is available if the Board would like to review it. Ms. Thole stated that staff finds that this petition, with the recommended condition, 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 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 which includes the recommended condition. Chairman McCurdy asked if there were any questions for the Board. Mr. Men'itt asked Mr. Kelly if buffers can be made a requirement. Mr. Kelly stated that appropriate conditions can be placed in the Conditional Use. He stated that Planning & Zoning Commission/ Local Planning Agency June 17, 1999 Page 15 staff included the single condition that Eckerd Youth meet the required Code is for two reasons: The requirement for parking; an all weather surface needs to replace the dirt surface that currently exists. The buffer between residential and non-residential. Mr. Kelly stated that if the Board would like to make additional, more specific requirements, that would be fine. Chairman McCurdy asked if there were any other questions from the Board. Ms. Dreyer stated that she believes we need to locate these facilities, they do provide a badly needed community service and at the same time we need to provide appropriate protection for neighbors who are concerned. She believes the applicant needs to assist in fashioning appropriate conditions that would allow the facility to operate and not to be too restrictive. She thought about: Limiting hours of operation. Appropriate buffers on the western property line. Assuring that the access remains where it currently is to avoid traffic issues that could affect the residential neighborhood. Limited to non-residential students only. A limit to the number of full time students. Ms. Dreyer stated that she would look to the applicant and staff to look for the appropriate conditions. Mr. Kelly stated that he does not have a problem working with the applicant. He stated that he would look at the items mentioned by Ms. Dreyer and any other items that are appropriate before the County Commission meeting. Ms. Dreyer stated that she does not believe it would be appropriate to adopt the whole program attached to their packets because some of the items may change and some just are not appropriate as conditions. She stated that she would like to see a restriction on the level of offense of which the students have committed. Mr. Kelly suggested establishing some ground roles and having a representative from Eckerd Youth supply additional information, so that we do not come to an impasse after the meeting. Mr. Kelly stated that access is from the south of the property line. Planning & Zoning Commission/ Local Planning Agency June 17, 1999 Page 16 Ms. Dreyer stated that she was just trying to avoid access on the eastern boundary line. Mr. Kelly stated that the intent of Eckerd Youth is to continue the use of the current access and acknowledged their agreement made from the audience. Mr. George Young stated that the program is non-residential and activities occur during the day except for one meeting a month that is held in the evening which parents attend. He stated that all of the programs mn by Eckerd Youth depend on a Citizen Advisory Committee and membership on this Committee is always welcomed. He stated that there are twelve programs in the State of Florida and they are sensitive to the concerns of the neighbors and they plan to appease them. Mr. Young stated that the contractor for this project is present tonight. He stated that they plan to renovate the current facility and they plan to build a fence for their own benefits as well. He stated that any suggestions to the buffer are welcomed. Mr. Young introduced Daniel Arroyo who is the contractor for this project. Mr. Pratt asked Mr. Arroyo if there are any plans to build any more buildings on the site. Mr. Arroyo stated that there are no plans to build anything other than what is currently there now. He stated that they intend to renovate the inside of the building and the non-structural l~uilding will be renovated on the inside. This is where the students and faculty will be spending their time. Mr. Arroyo stated that an original site plan was submitted with the initial application. He stated that the building is roughly 5,000 square feet. This will be divided in half between offices and the classroom area. He stated that they intended to build a fence along the residential area. Mr. Oakey asked Mr. Arroyo if Eckerd Youth has purchased the subject property. Mr. Arroyo stated they have not. Mr. Pratt asked who will be held responsible for the environmental clean-up. Chairman McCurdy asked Mr. Pratt if he could hold his questions until later. Mr. Oakey asked Mr. Arroyo if there was a site plan available this evening. Mr. Arroyo stated yes and he would be happy to go over it. He stated that he would be happy to go over the floor plan as well if the Board would like. Mr. Arroyo reminded the Board that they are a non-profit organization and they are trying to make use of the existing buildings as much as possible. He stated that the plumbing facilities fit ADA standards. He stated that they will be leasing with an option to buy the front 5 acres. He stated that they will use the front building and the only use that he can foresee for the pole barn would be to Planning & Zoning Commission/ Local Planning Agency June 17, 1999 Page 17 park the vans in there at night so they will be more secure. Chairman :McCurdy asked if there were any questions. Mr'. Pratt asked about the environmental clean-up that is estimated to be $60,000. He stated that Eckerd Youth needs to look into this situation. Chairman McCurdy thanked Mr. Pratt for bringing this concern forward. Mr. Arroyo thanked him as well and said that he would discuss the situation with the current owner. He stated that the reason that they chose this property was for the location and their need to have a place to house their facility before August 1999. Chairman McCurdy referred to the site plan. Chairman McCurdy asked Mr. Arroyo if the first building is 50 feet off of the westerly property lot. Mr. Arroyo stated that he thought it to be between 30 and 40 feet. Chairman McCurdy asked Mr. Kelly if Jean Road would be around 30 feet. Mr. Kelly stated that it should be in the range of 30 to 40 feet. Chairman McCurdy asked Mr. Arroyo if this would be enough to create a buffer and the fence and what type of fence would they be putting up. Mr. Arroyo stated that the area would be large enough for the buffer and the fence. The type of fence would depend on what the County would allow them to do. He stated that they would like to put up a solid wood fence and also landscape. Chairman McCurdy asked Ms. Dreyer if she had any other concerns. Ms. Dreyer stated that she wrote her concerns down. They are as follows: Limiting hours of operation. Appropriate buffers on the westem property line. Assuring that the access remains where it currently is to avoid traffic issues that could affect the residential neighborhood. Limited to non-residential students only. A limit to the number of full time students. Planning & Zoning Commission/ Local Planning Agency June 17, 1999 Page 18 Ms. Dreyer stated that she is not aware of the number of students that are involved in this program. Mr. Arroyo stated that Mr. Young would be the best one to answer this question. Mr. Young stated that the program is operated by contract and reads that there can be 30 youth who are level 2 'offenders. Mr. Kelly asked Mr. Young if it were agreeable to him, staff will place a condition that would limit the number of students to thirty, if he would ever want that number to be higher, he would have to come before the Board again. Mr. Young stated that would be agreeable with Eckerd Youth. He stated that he would hope that the Department of Juvenile Justice would have the same oppol~unity as well. He stated that Eckerd Youth is a contractor who responds to the needs of the area. Mr. Kelly stated that Mr. Robinson, Deputy to the Juvenile Justice Manager for the Department of Juvenile Justice nodded his head in agreement and he stated that this is something that his staff can work with. Mr. Robinson stated that there is another program that is operating in the City. He stated that the conditions mentioned would be agreeable to his Department. Mr. Grande asked Mr. Young about the buffering on the western property line. He stated that he believes that one of the things mentioned was that the students garden. He asked if Eckerd Youth could give this Board a better idea of what would be a minimum footage for the buffer area that Eckerd Youth would be comfortable with. He mentioned the staff parking area and said that it appears to be the western most developed part of the property and he would think that anything west of the north south line of the western end of the parking area could be set aside as buffer area and there would be planting done inside the fence. Mr. Young stated that it is their intention to go to the property line on the west and whatever setback is required by the County, and put up a wooden privacy fence. He stated that the fence would mn along the whole property line from the pole barn to the front. He stated that from the pole barn the fence would mn east and then south to tie back into the building. He stated that would be the primary activity area for the youth, the students garden in all of their programs, and the shrubbery should not be a problem. Mr. Grande asked Mr. Kelly if fencing requires a landscaping requirement. Mr. Kelly stated that a shrub is required every ten feet and them is a standard size for the shrubs, but he is not able to quote it at this time. Mr. Young stated that if it is required, they will fulfill the requirement, and they will not have an open area to the west. He stated that they are more concerned with the landscaping that will be Planning & Zoning Commission/ Local Planning Agency June 17, 1999 Page 19 viewed by the public. Ms. Dreyer asked Mr. Kelly if there is vegetation already there and they are not exotic, she would not want them to have to move the natural buffer out. Mr. Kelly stated that the County has some flexibility to move landscaping around and get the required landscaping in. Chairman McCurdy asked Ms. Dreyer if there were any other points that she would like to make. Ms. Dreyer stated no. Mr. Merritt asked Mr. Pratt if the landscaping would eliminate some of the problems. Mr. Pratt stated that he is not sure. Mr. Pratt asked Mr. Kelly what they plan to do with the area to the north of the pole barn. He stated that he believes the landscaping is not going to change anything. Mr. Kelly stated that nothing would be done for the balance of the property unless they come back to the Board. Chairman McCurdy asked if there were any other comments concerning this issue. Hearing no further comments in favor or in opposition to the issue, Chairman McCurdy closed that public portion of the hearing. Chairman McCurdy asked if there were any questions or comments for staff. Chairman McCurdy asked what was 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 11.07.03, 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 Eckerd Youth Alternatives, Inc., for a Conditional Use Permit to allow an educational service and facility in the I (Institutional) Zoning District with the following conditions: Limiting hours of operation. Appropriate buffers on the western property line. Assuring that the access remains where it currently is to avoid traffic issues that could affect the residential neighborhood. Planning & Zoning Commission/ Local Planning Agency June 17, 1999 Page 20 Limited to non-residential students only. A limit to the number of full time students. Mr. Grande seconded the motion, and upon roll call the motion was approved 5-0. Mr. Kelly stated that he would like Mr. Pratt to give his phone number to him and he would keep him informed as to the information that will be presented to the Board of County Commissioners. Planning & Zoning Commission/ Local Planning Agency June 17, 1999 Page 21 PUBLIC HEARING MATT STONE FILE NO-CU-99-002 Mr. Merritt stated that he would have to recuse himself from this heating. Mr. Flores presented staff comments. Mr. Flores stated that he was presenting the petition of Matt Stone for a Conditional Use Permit to allow the manufacture of concrete products in the IH (Industrial, Heavy) Zoning District for 11.66 acres of property located on Lots 3 and 4 in the proposed Midway Industrial Park in order to manufacture concrete brick paverS. Mr. Flores stated that the surrounding zoning to the subject property is IH (Industrial, Heavy) and the existing land use surrounding the subject property is vacant and some Industrial. Mr. Flores stated that the proposed manufacture of concrete products is allowed as a conditional use in this zoning district upon approval of the Board of County Commissioners. Mr. Flores stated that staff'has reviewed this petition and determined that it meets the standards of review as set forth in the St. Lucie COunty Land Development Code and is not in conflict with the Comprehensive Plan. Staff is, therefore, recommending that you forWard this petition to the Board of County Commissioners with a recommendation of approval. Chairman McCurdy asked if there were any questions for staff. Ms. Dreyer asked Mr. Flores why the configuration of the property is an odd shape and if the hatched area is the area being discussed. Mr. Flores stated that the hatched area is the entire Midway Industrial Park which as of this date is proposed. He stated that there are two lots within the park that are more of a conventional shape. Chairman McCurdy asked Mr. Flores where in the Industrial Park are the lots located. Mr. Flores stated that it is located around the southeastern portion. He referenced the wetland is near the subject property. Mr. Kelly stated that for clarification, the subdivision is not approved yet. There are not yet specific lots, the legal description of the entire parcel was used for advertising purposes. Mr. Flores pointed to the area on the site plan. Chairman McCurdy asked if there were any other questions for staff. Planning & Zoning Commission/ Local Planning Agency June 17, 1999 Page 22 At this time, Chairman McCurdy opened the public portion of the heating. Chairman McCurdy asked if there was anyone who would like to speak on this issue. Mr. Butch Terpening, Vice- President of Culpepper & Terpening, 2980 South 25th Street, Fort Pierce, addressed the Board. Mr. Terpening stated that Matt Stone is not an individual, but a Company. He stated that this type of industry should be encouraged in the County. Mr. Terpening stated that Matt Stone is a heavy, clean manufacturing facility located in Zephyrhills, behind the water bottle company, which is an example of how clean they are. He stated that they provide paver stones, stepping blocks for Lowe's, Home Depot .and other stores'of this type. He stated that the industrial machinery is on order and they hope to be manufacturing by the first of the year. He stated that they will start off with about 35 employees with a goal of approximately 100. Chairman McCurdy asked Mr. Terpening what type of building is proposed for the property. Mr. Terpening stated that he did not know. Chairman McCurdy asked if there was anyone else who would like to speak on this issue. Ms. Dreyer asked Mr. Terpening if the work is being done within the portion that is marked building phase one and the rest of the facility is to be used as storage. Mr. Terpening stated that is correct. He stated that the actual production would be done inside the building. Chairman McCurdy asked if anyone else would like to speak on this issue. Hearing no further comments in favor or in opposition to Matt Stone, Chairman McCurdy closed the public portion of the hearing. Chairman McCurdy asked if there were anymore questions for staff. Chairman McCurdy asked what was the will 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. Grande moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Matt Stone, for a Conditional Use Permit to allow the manufacture of concrete products in the IH (Industrial, Heavy) Zoning District. Mr. Trias seconded the motion, and upon roll call the motion was apprOved 5-0. Planning & Zoning Commission/ Local Planning Agency June 17, 1999 Page 23 PUBLIC HEARING CHARLES A. WHITE FILE NO. RZ-99-014 Mr. Hank-Flores presented staff comments. Mr. Flores stated that he was presenting the petition of Charles A. White, for Preliminary Planned Unit Development approval for the project known as Pine Summit - PUD, and for a Change in Zoning from the RM-5 (Residential, Multiple-Family- 5 du/acre), CO (Commercial, Office), and CG (Commercial, General) Zoning Districts to the PUD (Planned Unit Development - Pine Summit) Zoning District for 77.80 acres of property located on the east side of South U.S. Highway No. 1, immediately south of the Vista St. Lucie Condominiums. Mr. Flores stated that the surrounding zoning to the subject property is RM-9 (Residential, Multiple- Family - 9 du/acre) to the north. CO (Commercial, (Jffice) and CG (Commercial, General) to the west. RM-5 (Residential, Multiple-Family - 5 du/acre) to the east. He stated that the surrounding land uses are RM (Residential Medium) to the north. RU (Residential Urban) to the east. COM (Commercial) to the west. Mr. Flores stated that the applicant is proposing the development of a 216-Unit, Single-Family residential subdivision consisting of 174 Single-Family Lots and 42 Duplex Lots. As a Planned Unit Development, the project proposes to develop the subject property with some flexibility, such as the establishing area and yard Standards Which are different from those required in standard zoning districts, and in the ability to cluster dwelling units to protect environmentally sensitive areas on site. Mr. Flores stated that Section 7.01.03(1) of the Land Development Code at the time the proposed project was submitted, required that a minimum of 35% (27.23 acres) of the gross area of land to be committed to a Planned Unit Development must be for use as pa~rks, recreation areas, marinas, swimming beaches, open space, planting, or other public purposes other than fights-of-way, above ground utilities, and parking areas. Of the required 35% oPen space, a minimum of 15% (4.08 acres) must consists of native habitat to be preserved in its natural condition. Mr. Flores stated that the proposed planned unit development maintains 25.49 acres of Wetlands (32.76% of the site), 2.00 acres in the recreation tract (2.57%), Open Space of 2.69 acres (3.46%), and Native Upland Habitat of 5.23 acres (6.72%). The project therefore maintains 45.51% of the gross project in open space. The remainder of the project of 42.39 acres (54.49%) consists of those areas designated for residential development and road fights-of-way. Mr. Flores stated that as staff reviewed this project and prepared the staff'report, an issue concerning access emerged. Subsequent to this concern being raised, the petitioner's representative submitted an addendum to the Transportation Impact Report explaining his traffic analysis and effectively addressed concerns about this issue. Planning & Zoning Commission/ Local Planning Agency June 17, 1999 Page 24 Mr. Flores stated that staff has, therefore, determined that the proposed zoning designation and the Preliminary Planned Unit Development site plan is compatible with the existing and prOposed uses in the area, has met the standards of review as set forth in the Land Development Code, and is not in conflict with the Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval. Chairman McCurdy asked if there were any questions from the Board. Mr. Grande asked Mr. Flores if one hundred percent of the current wetlands are being preserved. Mr. Flores stated that 32.76% of the overall project consists of wetlands. He stated that 27.57 acres of wetlands exist on-site, of which 2.08 acres need to be mitigated. Ninety-two and one-half of the wetlands on-site will, therefore, will be preserved. Mr. Grande asked Mr. Flores if the uplands that are being preserved met the standards at the time when the application was submitted, but no longer meet the standards as of this date. Mr. Flores stated that is his understanding. Mr. Grande asked Mr. Flores if this petition should be reviewed based on the standards that were in effect at the time the application was submitted. Mr. Flores stated yes. Chairman McCurdy asked if there were any other questions of staff. Mr. Trias asked Mr. Flores if there is only one way to enter and exit this development. Mr. Flores stated yes. Mr. Trias asked Mr. Flores if there are any requirements as far as the length of cul-de-sacs for emergency response and other situations. Mr. Flores stated that would be a general review of the Fire Department. Mr. Trias asked Mr. Flores if the County staff reviews this or not. Mr. Flores stated that the County does this in conjunction with the Fire Department. Ms. Dreyer stated that she is concerned about the length of Bristlecone Drive. She stated' that permanent dead end streets, as listed in the Code, should not exceed 1,000 feet in length. She stated that it was her understanding that a portion of this project was not to be completed until the Lennard Road and Prima Vista Boulevard additions were completed. Planning & Zoning Commission/ Local Planning Agency June 17, 1999 Page 25 Mr. Kelly stated that the original was approved several years ago and it is back before them now. When it was first was approved, there were conditions that limited it to being deVeloped until Lennard Road and Prima Vista.Boulevard was completed. He stated that since that time, FDOT has completed six lanes to the south of this and over the next fiVe years .has over $19 million committed to the section from:Rio Mar' to Midway Road. He stated that the capacity of U.S. 1 is changing dramatically and the requirement' to have Lennard Road and Prima Vista Boulevard in place for capacity reasons no longer exists. He stated that in the long term for marketing and other reasons, Lennard Road and Prima Vista Boulevard are important to the project. It can, however, function with U.S. 1 as its primary access. Ms. Dreyer stated that some history on this subject would have been helpful. She asked Mr. Kelly what was the nature of this petition if it had already been approved prior to this meeting. Mr. Kelly stated that the project has expired, this is a new project, and that is why a lot of history was not provided. He stated that staff'looked into the history of this project and found this condition. Ms. Dreyer asked if'that was the Condition regarding Phases III, IV, and V. Mr. Kelly stated yes. Mr. Kelly stated that Mr. Matthes, Project Engineer at Culpepper & Terpening provided a letter today to staffwhich explained that U.S. 1 provided the necessary capacity and that staff did not need to add that condition. Mr. Kelly stated that Mr. Matthes is correct. Ms. Dreyer asked Mr. Kelly what do we do with the access to Lennard Road that is on the site plan. Mr. Kelly stated when Lennard Road is constructed it will be linked and until then the project will use circular patterns with one access. Ms. Dreyer stated that she was concemed about whether Bristlecone Drive met Code requirements. Mr. Kelly stated that the Fire Department sits on the Development Review Committee and that he recalls there was no objection to that, but he will check with the Fire Department. Mr. Moore stated that he understood staff's position with the traffic impact, but he was wondering if staff'had any type of time table on the Lennard Expansion. Mr. Kelly stated no. Ms. Dreyer stated that there was a concern from a local resident of this site that they may be rezoning Residential to Commercial. She asked Mr. Flores whether or not that concern was before the Board at this moment. Mr. Flores stated that the request is to change from Commercial to Residential. Planning & Zoning Commission/ Local Planning Agency June 17, 1999 Page 26 Chairman McCurdy asked if there were any other questions of staff. At this time, Chairman McCurdy opened the public portion of the hearing. Chairman McCurdy asked if there was anyone who would like to speak on this issue. Mr. Chuck White, Post Office Box 3146, Tallahassee, addressed the Board. Mr. White stated that he was speaking on behalf of Pine Summit. He stated that the project was originally submitted in 1992 in anticipation of Lennard Road and Prima~Vista Boulevard being constructed. He stated that it is in the Comprehensive Plan to be completed in 1995 or 1997. He stated that the project did not also go forward because of their problems with off-site sewer available to the site, He stated that subsequently they worked with the City of Port St. Lucie to obtain a grant that extended sanitary sewer into the area, which they now have. Mr. White stated that they would like to see Lennard Road developed because it would be beneficial to the community. He stated that they cannot tie themselves with the development of the roadway because they have no idea if the County is going to act or not. Mr. White stated that the available density of 389 units is based on old zoning, they have reached 216 units. They have protected all of the wetlands of the property. There are 25 acres that have been put aside. This is consistent with the Treasure Coast Regional Planning Council which encourages development to the east side of U.S. 1. He stated that around the property to the north is a condominium project, to the west as well. To the east are residential projects. Chairman McCurdy'asked if there were any questions of the Board. Ms. Dreyer asked Mr. White if this was going to be developed in phases or all at one time. Mr. White stated that they have not specified phases in the project. They are considering doing it in two segments, however, they need approval on the whole thing before they can start working. He stated that it is his understanding that this submission is for preliminary and final approval. Mr. Kelly stated that this will be preliminary and final at the Board of County Commissioners. Chairman McCurdy asked if there were any other questions. Ms. Debra Ross, Esq., with Comett, Googe, Ross and Earle, a law firm in Stuart, addressed the Board. Ms. Ross stated that she represents the Vista St. Lucie Condominium Association, which is located to the north of the subject property. She stated that they had not seen a site plan until tonight. Ms. Ross stated that the residents have three concerns: · Access Planning & Zoning Commission/ Local Planning Agency June 17, 1999 Page 27 Buffering · Traffic Ms. Ross referenced access of the project. She stated that they have been told that access to the project will be only to the south of the western parcel of Pine Summit. She stated that she thought there would not be access to the north of that parcel which is Vista St. Lucie's access road. Mr. Kelly stated that the plan does not show any access off of Vista St. Lucie's access. Ms. Ross referenced traffic impact. She stated that it appears that Pine Summit would only be accessible by a fight turn in, fight turn out. She asked Mr. Kelly if she was correct. Mr. Kelly stated yes. Ms. Ross stated that they do have concerns about this since it will result in a substantial amount of traffic making U-tums in front of Vista St. Lucie. She stated that they perceive this to be a traffic problem up to the northern access of the PUD. Ms. Ross stated that the third concern they had is buffeting. She stated that the northem property line will. have approximately 15 single family homes and part of the recreation area and that the western portion of the PUD will contain approximately 15 duplexes. The concerns about buffers are for aesthetics and security reasons. She stated that Mr. White has said that there will be two buffers, one being a six foot shadow box fence as well as a 15 foot no disturbance zone. She stated that they have not seen the final development plan and do not know whether these buffers were on it, but she would request that they be put on before the plan has received approval. Chairman McCurdy asked if there were any questions. Mr. Moore asked Ms. Ross if Pine Summit agrees to the buffeting, if Vista St. Lucie would be okay with that. Ms. Ross stated that the buffer proposed is satisfactorily. She stated that they did have substantial concern about the traffic coming out to the north of U.S. 1. Mr. Grande asked Mr. White if the buffering as just described would be acceptable to him. Mr. White stated that it would be, with a slight change in wording. He stated that he has agreed to construct the wood cedar shadow box fence. He stated that the 15 foot buffer is fine except the undisturbed portion. He stated that he did not have any intentions of removing trees, but that these will be people's backyards so to say that no one will disturb the growth is not reasonable. He stated that the fi~nce will be the furthest away from the adjacent property. Planning & Zoning Commission/ Local Planning Agency June 17, 1999 Page 28 Mr. Grande asked Mr. White if he would consider doing this in two phases, althoUgh he is seeking full approval. Mr. White stated that the bank will not loan him any money until this is approved. Mr. Gr~mde asked Mr. White if he would have a problem with having the second of the two stages contingent on the Lennard Road Extension. Mr. White stated that respectfully with the history of the County and its performance on that issue, he would. Ms. Ross referenced buffeting. She stated that the restrictive covenants for Pine Summit can be written so the buffer areas contained on the lots that are to the southern boundary can be restricted as no disturbance zones. She stated that the issue is not the fence as much as the greenery that exists beyond that. Mr. Kelly stated that Mr. White stated that he is happy to leave the trees, but if the owners wanted to clear the understory, they should be able to. Ms. Ross stated that they would be fine with that. Mr. Grande stated that he understood Mr. White stated that is the way it will work out, but what was within the fences was owned by the purchasers and he did not hear any intention of Mr. White to restrict them from removing trees within 15 feet of the fence. Mr. White stated that he did not have any problem putting that restriction in and that he wants the trees to remain as they are. Mr. KellY stated that he would recommend that the Board place a condition stating that. Ms. Dreyer asked Mr. Kelly if there is anything in the power of the County to limit the number of U-tums. Mr. Kelly stated that'he believes that staff will need to meet with the applicant before the Board of County Commissioners hearing to discuss this issue. Ms. Dreyer stated that she is sure that FDOT would have a lot to say about whether you can have left hand tums onto U.S. 1. Mr. Kelly stated that FDOT would have to make that decision and that there might have to be a decision made about a median. He stated that there is a concern which will have to be discussed. Mr. Merritt stated that he believes that there is a median there at this time. Planning & Zoning Commission/ Local Planning Agency June 17, 1999 Page 29 Mr. Kelly stated that is accurate at this time and when the widening of U.S. 1 is constructed, the median, will be maintained. Chairman McCurdy asked if there was anyone else who would like to speak on this issue. Hearing no further comments in favor or in opposition to the issue, Chairman McCurdy closed the public portion of the hearing. Chairman McCurdy asked if there were any other questions. 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. Moore moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Charles A. White, for Preliminary Planned Unit Developmem approval for the project known as Pine Summit - PUD, and a Change in Zoning from the RM-5 (Residential, Multiple-Family- 5 du/acre), CO (Commercial, Office), and CG (Commercial, General) Zoning Districts to the PUD (Planned Unit Development - Pine Summit) Zoning District with the conditions of: The fence should be put in place. The 15 feet of understory should remain unless owners decide to remove it. Mr. Grande seconded the motion. Ms. Dreyer asked for clarification concerning the prohibition on the removal of trees and was wondering if the conditions included that or not. Mr. Moore stated that they could make the restriction of the removal of trees as part of a condition for the PUD. Upon roll call, the motion was approved 6-0. Planning & Zoning Commission/ Local Planning Agency June 17, 1999 Page 30 OTHER BUSINESS' Chairman McCurdy asked if there was any other business. Mr. Grande asked Mr. Kelly about decisions of the Board of County Commissioners on the items this Board has already made decisions on. Mr. Kelly stated that the Board of County Commissioners have heard the rezoning petitions, but not the Ordinances. He stated that the Board of County Commissioners agreed with the decisions made by this Board. Ms. Dreyer asked if it would be possible to receive minutes from the Board of County Commissioners which have information on the items heard by this Board. Mr. Kelly stated that staff'will provide them as they become available. Chairman McCurdy confirmed the meeting date of July 15, 1999. There being no further business, the meeting adjourned at 9' 12 p.m. Planning & Zoning Commission/ Local Planning Agency June 17, 1999 Page 31 PLANING AND ZONING COMMISSION ~VIEW: 07/15/99 File Number RZ-99-016 MEM O~RAND~U~M DEPARTMENT OF COMMUNITY DEVELOPMENT TO: FROM: DATE: Planning and Zoning Commission Planning M~ager ~~ July 8, 1999 SUBJECT: Application of Pippin Tractor, for a Change in Zoning from the AR-1 (Agricu!mral, Residential- 1 du/acre) Zoning District m the CG (Commercial, General) ZOning District- LOCATION: East side of Kings Highway, approximately ½ mile rnorth of St. Lucie Boulevard (Tax ID//1325-233,0000-000/7) EXISTING ZO~NG: AR'I (Agricultural, Residemial- 1 du/acre) PROPOSED ZO~NG. CG (Commercial, :General) UTURE LA~. USE, MXD-AtRPORT' (Commercial/Industrial) PARCEL SIZE: 2,42 acres Retail tractor sales and service facility PE~ITTED USES: Section 3.:01.03(S), CG, r(Com~_ercial, General) identifies the designated uses which are ~permitted bY right, permitted as an accessory use, or pemtted thrOUgh the conditional use "CG" C process in the ~ (ommerc~al, General) .Zoning District. Any use designated as a "Conditional Use"is required ~to undergo further reView and approval before that use may be commenced on' the property. Any use not identified in the zoning distriCt regulations are considered m be prohibited uses in that district (see-Attachment "A"). July'8, 1.9'99 Page 2 S~O~ING- ZONING: Petition: Pippin Tractor Rezoning - File RZ-99-016 CG (Commercial,-General) is located, to the north and approximately 330 feet south of the subject property, AG-1 (Agricultural - 1 du/acre) is located to the east and AR-1 (Agricultural, ReSidential- 1 du/acre) is lOcated to the south and west. FI~/EMS PROTECTION: U ILITY SERVICE. 'TRANSPORTATION IMPACTS The existing ~uses in.thiS area are agricultural, industrial and commercial along North Kings Highway. The Furore Land Use Classification of the surrounding area is MXD-AIRPORT. immediate Station 4 ~(2850 Aviation Way), is located approx~ately 3 miles to the east. Water and sewer services are to..be provided on site. SCHED~ED IMPROVEMENTS: The existing right-of-way for North Kings Highway is 60 feet. The furore right-of-way needs in this area may significantly impact this site. North Kings Highway .is tematively scheduled for resurfacNg in FY 1998-99. Widening of this roadway is not programmed as part of the State FDOT work program. Concurrency Deferral Affidavit. July: 8, 1999 Page 3 Petition: Pippin Tractor RezOning File ~-99-0'16 STA~~S OF-~VIEW AS SET FORTH IN SECTION 1'1.06.03, · ST. LUCIE COUNTY LAND DE~LOPMENT CODE In reviewing this application for proposed rezoning, .the Planning and Zoning Co~ission-shall consider and make .the follOwing determinations. ~Whether the proposed rezoning is in conflict with any applicable ~rtions of the St. Lucie COunty LandDe~ velopment' ~ Code,' The applicam is requesting a change in ~zoning from the AR-1 (Agricultural, Residential 1 du/acre)~Zoning :District ~to the CG~(Commercial, General) Zoning District. The area in WhiCh the subject property is located is designated MXD-AIRPORT on the fi~ture land use ~map of-.the.County s ..omprehensive Plan. Policy 1.i.7:4, Figure 1-10D, limits the uses wi~h the MXD-Airport Mixed'Use Development Area, to those uses that are allowed in the Commercial, InduStrial, T/U or P/F land use designations. e Whether ~the p oposed amendment ~s consistent with all. elements of the St. Lucie County COmprehensive Plan; The applicam is requesting a change in zoning f~om the AR-1 (Agricultural, Residential 1 alu/acre) Zoning District to the CG (Commercial, General)Zoning District. The area ~ which the: subject property is located is designated MXD-AIRPORT on the' ~ture land use 'map of.the County's Comprehensive PI~. Policy 1.1.7.4 -states "Mixed Use activity areas shall be developed in the sub area M~ed Use activity areas as depicted: in Figure 1- 10a thru 1-10j." According to Figure 1-10D, the subject property is loCated in area designated as Commercial/Industrial. This area'is restricted to those ~uses that would be .equivalent'to ~e Commercial, IndUstrial, T/U or P/F land use designations. The' propoSed change in zoning is consistem with all elements of the St. Lucie-County Comprehensive Plan. The MXD-Airport. Land USe requires either a CG ('Commercial General), IL (Industrial, Ligh0 or IH (Industrial, High) Zoning District. e Whether and the extent ~to w~ch the. proposed zoning is inconsistent with the existing and proposed land uses; The.prop°sed'zoning is consistem with existing and proposed land uses in the area. The general use of the ~ediate surrounding area of the subject property is as follows- July 8, 1999 Page 4- Petition: Pippin Tractor Rezoning File RZ-99-016 SUrrounding~Use Land Use Zoning North Agricultural, Grove MXD-Airport ., AR--1 .sOUth CasSens Grove ~ ~and Storage Area ' MxD-Airp0rt '~ AR-1 &IL- East AgfiCulmral,'Gr°ve . MXD-AirPort AR- 1 West 'AgricultUral, GrOve ' MXD-Airport AG-1 The area under comideration has been designated within the Comprehensive Plan With an MXD-Airport Land Use and an established Zoning criteria that emphasizes Commercial General or Industrial uses. e Whether there have been changed conditions that require an amendment; The land conditions of the .area have not changed so as to require an amendment. Se Whether and the extent to which 'the proposed amendment woUld result in demands on public facilities, and whether or to the extent to Which the proposed amendment would exceed the' capacity of such public facilities, including but not limited to sewage facffities, Water supply, parks, drainage, schools, solid waste, The rezoning ~of the property is not expected to create significant additional demands on any public facilities h this area. The subject property is currently be utilized for agricultural pu~oses. (a grove). Prior to the approval of any expansion to the existing facility, the applicant will need to prOvide documentation verifying that suffiCient facilities are in plaCe to ~support the new.development. e Whether and the ~ent to-which the proposed amendment would result in' significant adVerse impacts on the natural environment; The_ propOsed amendment is not amicipated to create adverse impacts on the natural environment, The applicant Will be required to comply with all federal, state, and local enviromnemal regulations. The site does not comain any known unique or threatened habitat. o ~ether and the ~extent to which the proposed amen~ent would result .~ 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 surrounding parcels of property are designated for uses as required within the MXD- Airport land uses. The Comprehensive Plan 'identifies the area under-consideration with July 8, 199'9 Page 5 Petition: Pippin Tractor Rezoning File RZ-99-016 a land use' and ~rther ~requires either a Commercial General or Industrial Zoning classification. In order for the subject.property to be consistent with the Comprehensive Plan, the rezoning would :have to. take place, in addition, the development patterns along Kings Highway have .taken on a more urbanized (co~ercial and industrial) pattern. 8' Whether the proposed-amendment would be in conflict with the public interest, and is in harmony With the purpose and intent of th~s: Code,' The proposed .amendment would not be in conflict with the public interest and is in harmony.with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS The petitioner, ~pPin Tractor, has requested this:change in zoning from the AR-1 (Agricultural, Residential- I alu/acre) Zoning~ District to.~e CG (Commercial, General) Zoning DiStrict h Order to :construct a :retail tractor sales and service hcili~ on the subject property. The sUbject property isin an area designated within the Comprehensive 'Plan for more intensive C°mmercial or. Industrial Uses. 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 reco s that you forward: this petition to: he Board .of County Co~ss~oners with a reco~endation of approval. Please contact this office if~you have'~ny questions on this matter. Attachment cc: Pipp~ Tractor File Suggested motion to:recommend approval/denial of this requested change in zoning. MOTION TO APPROVE.: AFTER CONSiDE~NG THE TESTIMO~ P~SENTED D ~URING THE P~LIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDA~S OF .~VIEW AS SET FORTH IN SECTION II.06'03, ST.. LUCIE COUNTY LAND-DEVELOPMENT CODE, I HE.BY MOVE THAT THE PLANNING'AND.ZONING COMMISSION ~COMMEND THAT THE ST. LUCIE COUNTY BOA~ OF COUNTY COMMISSIONERS GRANT APPROVAL TO 'THE APPLICATION OF .PIPPIN T~CTOR, FOR A CHANGE IN ZONING FROM THE AR-I (AGRiCULTU~L, ~SIDENTIAL- 1 DU/ACRE) ZONING D!STPdCT TO THE 'CG (COMMERCIAL, GENE~L)ZONING DIST~CT, BECAUSE ..... [CITE. ~ASON WHY - PLEASE BE SPECIFIC].. MOTION TO ~DENY: A~ER CONS~ G THE TESTIMO~ P ~RESENTED D~NG THE PUBLIC HEA~G, INCLUDING STAFF COMMENTS, AND THE STANDA~S OF REVIEW AS SET FORTH IN: SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CO'DE, I HE.BY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE'COUNTY BOA~ OF' COUNTY COMMISSIONERS DENY THE APPLICATION OF PIPPIN TRACTOR, FOR A CHANGE IN ZONING FROM THE AR-1 (AG~CULTURAL, ~SIDENTIAL - i DU/ACRE) ZONING DIST~CT TO THE CG (COMMERCIAL, GENE~L) ZONING.DIST~CT, BECAUSE ..... [CITE ~ASON 'WHY- PLEASE BE SPECIFIC]. Section 3.01.03 Zoning District Use Regulations S. CG 1. Purpose , COMMERCIAL, GENE~L The purpose of this district-i:s to proVide and protect 'an environment suitable for a wide variety of commercial 'uSes intended to serve a population over a large market area, which do not impose undesirable noise, Vibr. ation,~ Odor, dustl Or offensiVe effects on'the surroUnding al with such other uses number in "~ the SIC code Section pplies to a use not further defined in Section 2.00,00 of this code. Permitted Uses a~ e~, g. h. i. j. k. I. m. n,. O. p. q. r. s. t. U. V. W. .Xo y. Z. aa. bb. CC. dd, ee. ff. gg. Adjustment/collectiOn & credit reporting services (732) Advedising (~3~)~ Amphitheaters (~J~) ~ services - except stadiums, arenas, race tracks,, amusement parks and bingo 1 Apparel & stores (ss) (SS) repairs & serv. (except 'body repairs) Beau .~ and services (-/23/724) Building hardware and garden supply Cleanin ,s 7349) Co~ nting (~,,,~) towers Corn mming,' data processing'& Other computer serv. (?3?) 'office & interior storage only) Cultural a ~s and ibitions Duplicating, mailing, art/photo. & stenog, serv. (733) Eating places.(~) Educational'services - except public schools Engineering, accounting, research, management & related services (~) 'EqUipment rental and leasing services (735) Executive, legislative, and judicial functions Farm 'labor and management services (o?~) Financial, insurance, and real estate FoOd stores Funeral and crematory services (72s) Gasoline.service stations General merchandise stores (53) Health services Home furniture and furnishings (sT) Landscape & horticultural services (o?s) Laundry, cleaning and garment services (7~) Membership organizatiOns - excePt for religious organizations as provided in Section 8.02.01(H) of this'code MisCellaneous retail (see sic Code Major Group 59): (I) Drug Stores (2) Used merchandise stores (s93) (3) Sporting goods Adopted August 1. 1990 118 Revised Through04/1-5/99 Section 3~01.03 Zoning District' USe Regulations . . bb. kk. II. mm. nn. oo. PP. qq- Fr. SS. rt. ua. VV. (4) (5) (6) (7) (8) (9) (~0) (11) (~2) (!3) (14). (15) (16) Book &.StatiOnary (5942/5943) Jewel~ <5944) Hobby, toy and games (s945) Camera & ph°togmphic supplies (s946) Gifts, novel~ and souvenir (s947) Luggage & 'leather goods (s~4e) Fabric and mill products (5~s) FlOrists TobacCo' (5993) News dealerstnewsstands .(,s994) Optical.goods (1 7) Misc, retail-(See SiC Code for specific uses) (s~) Miscellaneous personal services ,(see SIC 'Code Major Group 72): (1) Tax tatum services (2) Misc. retail (See SIC Code for specific ,uses) Miscellaneous ~business servic~ (see SIC~Code Major Group 73): (1) Detective, guard and armored C~'r services (2) Security system services (3) News.~syndi~te (4) Photofinishing laboratories (5). 'Business services - miSc. Mobile ~home dealers ¢27) Mobile food vendors (eating places, fruits & vegetables-retail) (~) Motion pictures Motor 'vehicle parking - commercial parking & vehicle storage, Museums, galleries and gardens PerSonnel~ supply'services .(73s) Photo finishing services (73$4)' Photographic services (722) :Postal services~ Recreation facilities Repair services Retail 'trade'indoor display and sales ~Only, except as provided in Section 7,00,.00. (~) SOcial ,se~ices: (I) Individual,& family social services (s32/83s) (2) Child care: services (3) JOb training and vocational ~rehabilitation services (s33) Travel agencies Veterinary services (o~) Lot Size RequirementS Lot size requirements Shall be in accOrdance with. Section 7,04.00. Dimensional 'Regulations Dimensional requirements shall .be in accordance With Section 7.04.00. Adopted August 1, 1990 119 Revised Through04/15/99 Section 3.0 t .03 Zoning District-Use Regulations . . Off-street Parkingand 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 o a~ g. h. i. j. k. k~ Adult establishments ~ 7.10.10. (~) Drinking P rolic bevrerages).-free-standing. Disinfectin pest control services, r/34= Amusement parks. . Go-cart 1 Hotels & ouses (~J~) boats'only. Motor vehiCle repair services -'body repair. SPorting and recreational.camps.. ~032) Retail trade: (1). Liquor stores..(s,2) Stadiums, .arenas, and race tracks. Telecommunication towers- subject :to the standards of. Section 7.10,23 (sss) Accessory .Uses Accessory uses .are subject to the.requirements of Section 8.00.00, and include the following: . ao b. Drinking.PlaceS (alcOholic beverages as an accessory use to a restaurant.and/or civic, social, and fraternal organizations). Detached single-family dwelling or mobile home, (for on-site security purposes). Retail trade: (1) Undistilled alcoholic.beverages (accessory .to retail sale of food). .. Adopted August 1, 1990 120 Revised Through04/15/99 ii N ~OU S P£ .~ S S£ J. o. ~Roo Z :Zoning Pip.pin Tractor AG-I CG AR-1 CG IL RZ Community Development Geographic Information Systems Map revised June 21, 1999 This maP has. been compiled for general planning and reference purposes only. While every elfo~l has been made to pcov~ ,the most current and a~:~umte inf~ possible, it is not intended for use ;as a legally binding d°Cume~ .. i_and Use' RZ Pippin Tractor MXD - AIRPORT Community Development Geographic Information Systems Map revised: June 21, 1999 vvn~le every ettOrl has been made to Provide the, most.current and accurate information possible,-it is not inlended toruse as a legally binding dOCumenL AGENDA - PLANNING & ZONING COMMISSION THURSDA Y, JUL Y 15, 1999 7:00 P.M. :PiPpin Tractor, has petitioned St. Lucie County.for a Change in Zoning~om the AR-1 (Agricultural, ReSidential- i alu~aCre) Zoning District to the CG .(Commercial, GeneraO Zoning District for the following de~cribed property: (£ocation: East side of'Kings Highway, approximately ~ mile north of St. Lucie Boulevard) 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 proceedtngs,.and that, for such purposes, .he may need to ensure that a verbatim record of the proceedings is ma-de, which reeord includes the testimony and evidence upon which the appeal is · to be based. Upon the request ofa, nyparty to theproceeding, indivMuals testifYing during a hearing will.be sworn in. Any party to the proceeding will be granted an opportunity to crosS,examine any individual tes . during a: hearing upon request. Written comments received in advance of the · Prior to this Public hearing, notice of the same was sent to aH adjacent property owners July 2, 1999. Legal notice.was published in the Port St. Lucie News and The 'Tribune, newspapers of general circulation in St, Lucie County, on July 2, 1999. File No. RZ-99-016 ST. PUBLIC COMMISSION 'Lucie Co, requested provisions of the St;~ t. ANTHOI~Y CO son Islar ¸36 of the 'r more particularly 11 ~more or less to the Indian'.River; ~:5.00 feet more or less to ~( north 2858:86 fief'of ~Said East more' or 1221-1734) 8). (Location:' West. side of South SR A-1 'A, 'directly across.from tile Regency Island D0nes, Phase 2)- · '2. CROCE GIAMBANCO'' fora ~l~nge:'in :~o~irig .frOm'the CG:(C0ifi. merciat, 'General) Zoning' bistriCt.to: the. I:r(Ih~tj~utioi~0J)'zoning Di~tfl~ for: Section ½ of th, U.S. 1. and the ~a:sterl the 36, m. in 04. thence (Location: 6609 North U Highway'No. 1) (Location: 3120 Avenue Q) ' 4. JOSEPH H. opment Approval, ] du/5a Herndon The north ~,,~.of t for-road and '~outheast corner particularly described as Commencing at a ~poin! of the northeast corner East, run' South O0.°15'58" the said 10 acres the east line of ~ of the nodh ~,~ along said south.line786.: with the east line 553.66,feet to north line of' Said Section' 14 with the n0~:th,ltne. Ail lying and , ' being::' in L0cie County~ 3214-111 '0004;000/5). (LocatiOn:. Soulfiwest corner of the :intersection of' South Header. Canal Road and N.S.L;W.M.D. Canal No. 77) -' 5. DREIDA MCNA1R, for a Cor~ditional Use Perm~it to allow a family residential home. within 1.iO00 feet' of another such family residential home for the foltowihg described t~roperfy: Section 32, .Township 34 South, Range 40 East, Sheraton Pla~a,. Unit Four Replat, Lot 302' (OR '2t6-195.8) (Tax I.D.. No. 143 2.807:0066.000/5). (Location: 3009 Anderson Drive) .. for All 5 tract Range; Ea~ 468, 22, 468 PUB July 15, .. decides to' will need may need r:teStimony and is .to be based. PLANNING AND ZONINGr COMMISSION ST. LUC1E COUNTY,' FLORIDA - /S/ DIANA WEsLosKI; cHAIRMAN. _ Pub... July 2, 1999 . lie.north, of BOCC 2300' VIRGINIA A~NUE FORT' PIERCE, FL 34982 ATTN.: PL~N~G & ZONING TIlE IBUNE STATE OF FLORIDA ODUNTY OF ST. LUCIE P.O. Box 69 Fort Pierce, St. Lucie County, Florida 349544:1069 Before Gawel, or Cathi ReVels, rrmnager ~of The Tribune, a 1'I.I ~ ~ * ~ Co nty, Florida; .On' .oath Says .that '.he/she ~is publisher, classified Fort Pierce in St. Lucie a ir.,t the matter Zoning be considered by the Planning and 1999, etc. was .published in said newspaper in the issues of July 2, 1999 Affiant further says that The Tfi'bune a.newspaper published at F6rt Pierce, in said St. ,Lucie CoUnty, Florida, · and that the ~n ¢Onfin .'Florida, each :day St. LuCie County, , No. 2309 ,,, -. ST. LLICIE COUNIY PLANNING AND ZONING COMMISStOI~ PUBLIC HEARING AGENDA JULY 15; 1999 TO WHOM IT MAY CONCERN: NOTICE is hereby given in accordance wilh Section 11.00.03 of the SI. Lucte COunty Land Development Code ana the provisions, of lhe St. Lucie County Comprehensive Plan, the following applicants have requested .that the St. Lucie County Planning and Zoning Commission consider their following request: 1. ',ANTHONY COSClA & 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 lhe following described property: · A PARCEL OF LAND LOCATED ON HUTCHINSON ISLAND IN SECTION 34, TOWNSHIP 36 SOl/TH, RANGE 41 EAST, ST. LUCIE COUNIY, FLORIDA. MORE PARiICU~LY DESCRIBED i~F _B~N AT A POINT OF INTERSECTION OF mE NORTH UNE · . '. mE SOUTH 2577.66 2858 86 FEET ~ SAID SECTION 34 AND ~ SR A1A; THENCE RUN 'ALONG SAID .440.00 FEET, MIN 10 'RIVER; THENCE lINE A DISTANCE OF ;NORIH UNE OF. THE ~ LESS TO THE .35/34NX) (OR i.D. NO. 3534-111 -(XX]4-O00/8). [Location: West side of South SR A-l-A" directly .-. a~oss from 'the Regency Island Dunes, " Phase 2) 2, ~E GIN~BANCO, for a Change in Zoning from the CG [Commercial, General) ZOning District to the ! (Institutional] Zoning Districl for the following described property: SECTION 6, TOWNSHIP ,34 SOUTH, RANGE 40 ~EAST, THAT 'PART OF 1/2 OF THE NORTHWEST 1/4 OF THE ~ EAST OF THE refund for the Sworn to :and subscribed before me'JulY 2, 1999 .,:..~.,, -,o.. ;.~.. -...,=.,.: ...... ,..:...,..,;.,..,,...,,~,:..~,. ,.. ,.. i.5_i.; :':' ?,..;.:.:~ L': ;:; .: : ".',:. ,:' ('; :?' ,,.. '."; :,~ LS.,m-.. 'i.;77: :' ~:.'.".;.d Notary Public any discount, rebate, said .newspaper. 04 ',U,S. .245.,90 ~[T. AX i.D. 1406-124-lXX]2-(XX)/4). 5~DREIDA MCNAIR, for a Conditional Use Permit tO allow a ' ',?, family residential home within 1,000 feet of another suCh !ie,~ family residential home for the following described ',-,. properly: ~,., SECTION 32, TOWNSHIP 34 SOUTH, RANGE 40 EAST, SHERATON PLAZA, UNIT FOUR REPLAT, LOT 302 (OR 216-1958] (TAX:I.D. NO. 1432'807-0060-~5]. i.%,` (Looatlon: 3009 ~ Drive] .~:~-PIPPIN TRACTOR, for a Change in Zoning' from the AR-1 · (Agricultural, ReSidential - 1 du/acre] Zoning District to the , CG (Commercial, General] for the following described properly: · ALL THAT CERTAIN TRACT OF PARCEL OF LAND LYING. BEING AND SITUATED .IN SEC11ON 25. TOWNSHIPS34 SOUTH, RANGE 319 FAST. ST, LUCIE COUNTY FLORIDAAND THIS TRACT .BEING MORE PAR11CUlARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 25. TOWNSHIP 34 SOUTH, RANGE 39 EAST; THENCE NORTH '00° 06*48* EAST, ALONG THE WEST UNE OF SAID SEC11ON '25, DISTANCE OF 2655.28 FEET TO A POINT; THENCE'NORTH 9° 43"39" EAST, A DISTANCE'OF 70.98 FEET TO A POI~ IN THE EAST RIGHT-OF-WAY UNE OF KINGs HIGHWAY; THENCE' NORTH 00° 01"15' EAST. 30.00 FEET' ALONG THE EAST ~-OF-WAY OF SAID KINGS HIGHWAY, AND THE POINT OF ISLAND DUNES COUNTRY CLUB June 29, 1999 Ms. Diane Wesloski, Chailperson St. LuCie County Planning and Zoning Board 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Subject: Island DUnes. Commercial Site Tax I.D. '3534-111-0004,000/8 It is our understanding:that a petitiOn has been filed requesting that the subject propel~y be rezoned to allow deVelopment of residential single family lots. 1 ~ ' The Island Dunes COuntry Cub s property directly, abuts the subject-prOperty to the south. The Club's membership is comprised of all the residents of the Island Dunes community, and it's Board or.Directors are appointed representatives of each of the condominium associations in Island Dunes. As a result, we feel we fairly represent the iSland Dunes 'community, It is the opinion of the Board of Directors of the Island Dunes Countl~ Club, Inc., that .the rezoning of the subject property for single family use is reasonable. This is the last undeveloped prope~y within Island Dunes, and will complete the development of the project. We do not oppoSe the rezoning petition. Please feel free to contact us if we can be .of further service, Sincerely, ~sident FR/kdm CC: Mr. ~thony Coscia Mr. Roy. Whitehead 8735 S. Ocean Drive · Jensen Beach, FL 34957 · 561 / 229-0803 · Fax 561 / 229-2087 PLANNING AND: ZONING COMMISSION ~VIEW: 07/15/99 File Number RZ-99-018 MEM~ORAND U,.M DEP ~ARTMENT OF COMMUNITY DE~LOP~NT TO: Planning and Zoning Commission FROM: Planning Manager DATE.: July 7, 1999 SUBJECT: Application of Anthony Coscia & Sons, L.C., for a Change in Zoning from the CN (Commemial, Neighborhood) Zoning District :to the HiRD (Hutchinson Island Residential District) Zoning District. LOCATION: The West side .of South A-I-A, directly across from the Regency Island Dunes, PhaSe II. EXISTING-ZONING: CN (Commercial, Neighborhood) PROPOSED ~ZONING: HIRD ~ Hutchinson Island Residential. District) FUTURE LAND USE: RU (Resi denti al Urb an) PARCEL SIZE: 3.8 l~acres PROPOSED USE.: The applicant Proposes that the subject property., will complete. the development: of the Island Dunes Co--unity With a residential sUbdiVision. PERMITTED USES: Attachment "A" - Section 3!01.03(AA) HIRD (Hutchinson Island Residential District) - contains the designated uses whiCh are permitted by fight, permitted as an accessory use, or pe~. itted through the conditional use process. ~y use designated as a "Conditional Use" is required to undergo further review and approvals. Any use not fOund within the zoning district regulations are designated as prohibited uses for that'district July 15, 1999 Page 2 Petition: Anthony Coscia and Sons File No.: RZ-99-018 SURROUNDING ZONING: SURROUNDING LAND, USES: FIRE/EMS PROTE cTIoN: UTILITY SERVICE: TRANSPORTATION IMPACTS mGHT-OF-WAY ADEQUACY: SCHEDULED IMPROVEMENTS: TYPE OF CONCURRENCY DOCUMENT REQUIRED: HIRD-(Hutchinson Island Residential Distric0 to the north and east. CN (COmmercial, Neighborhood) and HIRD (Hutchinson Island Residential Disthct)~to thesouth. The existing land uses surrounding the property are RU (Residential Urban) to the north. RM (Residential Medium) to the east and RU (Residential Urban) and RC (Residential Conservation) to the south. The s .urrounding area consists of high-rise 'condominiums. Regency Island Dunes are located to the east of the subject property. The Future Land Use Classification of the immediate surrounding area is ~ (Residential Urban). Station #8 (7358 South A..1-A), is located approximately 1.5 miles north of' the subject property. The. subject property .is serviced by St. Lucie County for sewer and Fort Pierce Utilities Authority (FPUA) for water. The existing fight-of-way width for South A-1-A is 100 feet. None. Concurrency Deferral Affidavit. July 15,1999 Page 3 Petition: Anthony Coscia and Sons File No.: ~-99-018 STANDA~S :'OF ~VIEW AS SET FORTH IN SECTION 11.06.03, ST' LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this apPlication for proposed rezoning, the' Planning ~d Zoning Commission shall consider and 'make t~e following .determinations: Whether .the proposed reZoning is in c°nflict with ~any applicable portionS:of the St. Lucie County Land Development COde; "The proposed zoning diStrict is consistent with the St. Lucie County Land ~D'evelopment Code, and has specifically met the requirements of Section 11.06,03. Whether the propOsed amendment is .consistent with all elements of the St. Lucie .County Comprehensive'Plan; e The proposed change in zoning is consistent with all elements of the St.-LUcie County Comprehensive Plan. The HI~ (Hutchinson Island Residential District) zoning district is compatible with the RU(Residential Urban) Future Land Use. Whether and the extent to which, the proposed'zoning is inconsistent with the existing and proposed land uses; .4. The proposed ZOning is consistent with.existing and proposed land uses inthe area. The general Zoning of the immediate surrounding .area of the subj:ect property is HI~. The surrounding area contains primarily residential and accessory uses. Whether there have been changed conditions that~require an amendment; Conditions have not changed so as to require an amendment. July 15, 1999 Page 4 Petition: Anthony Coscia and 'Sons File No.: ~-99-018 e e e ge 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 amend C 'e · e ~ · · · ',',~apaclty of such -public faclht~es, including but not limited faCilities' sewage facilities, water sUpply, drainage, schOOls, solid waste, mass transit~, ,and emergency medical , The intended use for this rezoning is not expected to create significant additional demands on any public facilities in this ,area. Prior to the approval of any proposed development, the applicant~ will need to provide documentation verifying that sufficient facilities .are in place to support the development, Whether--and the ~extent to which ~the proposed amendment woUld result in significant adverse impacts on the natural environment; The proposed amendmem is not anticipated to create adverse impacts on the natural environment. The applicant will be required to comply with all federal, 'state, and local enviromental regUlations. The-site is currently vacant. 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; ~ orderly and logical development pattern will occur with this change in zoning. The surrounding parcels of property ~in the area are generally designated for residential uses. Whether the proposed amendment would be in conflict with the public interest, and 'is in harmony ~with the .purpose and intent of this Cod:e; The proposed amendment Would not be in conflict with the public interest and is in harmony ~with the purpose and intent of the St. Lucie County Land Development Code. JUly 15, 1999 Page5 Petition: Anthony Coscia and Sons File No.: RZ-99-01'8 The petitioner, :~thony Coscia.and Sons, L.C., has. requested this change in zoning from the CN (Commercial' DiStrict to the HI~ (Hutchinson. Island Residential District) in order to-develop a residential subdivision. Attached is acopy of Section 3,0t :03(~), of the St. Lucie County Land Development Code, which delineates the penuitted, accessow, .and .conditional uses alloWed in the InstitutiOnal Zoning Dis~c't.~ If'the change in zoning request is approved, the. ar~pliCant, by ~right, would be allowed to establish any of the uses under the Permitted Uses section. Any use' under the Accessory. Uses section would be allOwed only if one or-more of the pe~itted uses exists on the subject, property. Any use under the Conditional Uses section could only be allowed it' it first receives approval Smffhas-reViewed t~s p.etitionand dete~ined that it conforms with the standards of review as set fo~h in the St. Lucie County Land DevelOpment-Code and is not in conflict with the-goals, objectives, and policies o£the St. Lucie County Comprehensive Plan. Staff recorranends that you forward this petition to the Board of County ~Commissioners with-a recommendation-of approval. P Iease c.ontact this :office if you have any ~questions on this matter. Attachment ct cc: File Anthony Coscia Roy Whitehead Suggested motion to recommend approvalMenial of this requested change in zoning. MOTION TO APPROVE: AFTER CONSDE~G THE TESTIMO~ P~SENTED DURING THE'P~LIC HEARING, ~CL~:~G STAFF CO~ENTS, ~ THE STANDARDS OF REVIEW AS .SET FORTH IN SECTION 11.06,03, ST, LUCIE CO~TY L~ DEVELOPMENT CODE, I-HE.BY MOVE THAT THEPL ~qD ZO~G CO~iSSION ~CO~END THAT THE ST. LUCIE · CO~TY BO~ OF CO~TY COMMISSIONERS G~T AP. PROV~ TO THE APPMCATION OF ~THO~ COSCIA &SONS, L.C., FOR A CHANGE IN ZONING FROM THE CN ~IGHBO~OOD) ZONING DISTRICT TO THE HI~ (HUTCH~SON ISLAND ~SIDENTIAL DISTPGCT) ZONING DISTRICT, BECAUSE ..... [CITE REASON WHY- PLEASE BE SPECIFIC]. A3'TER CONS~ G THE TESTIMO~ P~SENTED DURING THE P~LIC HE--G, ~CL~~G ST~F COMMENTS, ~ THE STAND~S OF ~VIEW ASSET FORTH IN SECTION 11,06.03, :ST. LUCIE CO~TY L~ DEVELOPMENT CODE' I HEREBY MOVE THAT THE PLANNING ~ ZONING COMMISSION ~cO~END THAT THE ST. LUCIE COUNTY BO~ OF COUNTY COMMISSIONERS DENY THE ~PLICATION OF ANTHONY COSCIA & SONS, L.C., FOR A CHANGE IN ZON~G FROM THE CN (COMMERCIAL, NEIGHBORHOOD) ZONING DIST~CT TO THE HI~ (HUTCH~SON ISLAND ~SiDENTIAL DISTRICT)ZONING DISTRICT, BECAUSE ..... [CITE ~ASON ~Y- PLEASE BE SPECIFIC]. Section 3.01.03 Zoning District Use Regulations AA. _HIRD 1. Purpose . HUTCHINSON ISLAND RESIDENTIAL DISTRICT 'i'he purpose of the Hutchinson Island Residential District (HIRD) is to provide a residential environment ' on No-dh and South .Hutchins°n ISland .that is respectful of the natural resoumes and value of the barrier islands and can be supported by avail'able public and private services. HIRD is intended'to .ensure that the intensi~, location, and timing of'new residential grOwth and d.evelopment is of a character, that can be served by adequate public and private faCilities, and that protects, preServes and enhanceS the public health, safety, and welfare of the citizens of St. Lucie County. Hutchinson Island cOnstitutes a unique and valuable public,resource that.plays a vital rote in defining the County, s'economic and geographic 'character. HIRD is intended to facilitate growth and development .of the barrier islands while conserving the natural and human values the islands represent, Given the environmentally sensitive nature of barrier island.s, 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 SL Lucie-COunty' Comprehensive Plan. Intent of Application ao b. residential property in the unincorporated areas of North and South Hutchinson Island, 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 NomResidential Develo ); Planned Mixed'USe Development (PMUD); Utilities (U);~lnstitutional (I); Religious s (RF); any Residential, Estate (RE-1 . . 6, 7, 8 and 9 of this Section. . Subdistricts F0r'the purposes ~of this District, lands located on North :and South Hutchinson Island are hereby classified into the following subdistricts: a. North Hutchinson Island Residential District (NHIRD), which includes those lands located on North Hutchinson Island in St. Lucie County; b' South Hutchinson Island Residential District, North (SHIRD-N), which includes those lands located .on 'SOuth Hutchinson Island between the Florida Power & Light Company nuclear .power Plant and the city 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 04115/99 .. , Section 3.0-1~.03 ZOning Distdct Use Regulations a. b. Dune Preservation Zone, which includes those lands lYing .between the mean high water line to the east and .the western 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 the St. Lucie .CoUnty Barrier Island Study: Analysis-of Growth Management Policy plan (August, where the western edge of'the primary dune system cannot be aSCeAained, th~ e~ation Zone s'hall be set :by reference' to a management/restoration plan that has been prepared based on natural coastal dynamics. Uplands, which: include those lands lying weSt of the western edge of the primary dune system and' .Which 'are not classified as wetlands .as defined in paragraph (c).of this S~ ~. ui3sectlon. Wetlands, which include thOse lands :lying west of the Westem edge of the pdmary dune system that are above, the elevation of mean.high water and are included in the landward exte:nt of waters of the state-as.defined.in Rule- 17-4.02(17), Florida Administrative Code, on the date ofadoption 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: bo (~) (2) (3) Residential densities that can be clustered to Uplands located on the parcel proposed :for development. Elevated walkways. Recreational uses.'not involving structures other than elevated walkways. Uplands: (1) (2) (3) (4) (5) Detached single family dWelling units. Two andthree family dwelling units. Multiple family-dwelling units. parks. Accessory uses, subject to the requirements of Section 8.00.00. Wetlands: (I) (2) (3) (4) Residential densities that can.be clustered to Uplands located on the parcel proposed .for develOpment. Elevated ,wal~ays. Bddges and,bridge approaches. For that portion filled in accord with permits received from federal and state agencies exercising juri:sdiction over Such area. any permitted Uplands use. Conditional Uses ao Dune Preservation Zone- (1) None. Adopted August 1, 1990 138 Revised Through 04115/99 . Section 3.01 '.03 Zoning District Use RegulatiOns b. UPlands::' C~ (1) 'Hotel, motel,, resort, rooming and boarding houses, tourist court, and time-share or transientlodgin:g 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. (2) Athletic and entertainment clubs or faCilities, provided that the proposed use will not generate, traffic:in excess of that projected for the parcel if developed at the maximum permitted reSidential density. (3) Bed and:Breakfast Residences, subject to the requirements of Section 7.1.0.20. (4) Telecommunication towers - subject to 'the standards of Section 7.10.23 Wetlands: Marinas and broat launching 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) Utility transmission :facilities; (3) For that poAion filled in accord with permits received from Federal and state agencies exercising.jurisdiction over such area, any conditional upland use. Residential :DenSities ao 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. MAXIMUM RESIDENTIAL DENSITIES (Expressed as percentage of maximum density set forth in the future land use designation of the St: Lucie County 'Comprehensive Plan) NHIRD SHIRD - N SHIRD- S ~OMMENCMENT LEVEL 15% 18% 9% LEVEL 2 36% 28% 45% LEVEL 3 54% 100% 100% LEVEL 4 100% .does not apply does not apply When :the maxi:mum percentage 'indicated in the table.above would yield less tharn one (1) unit a maximum density of one (1)unit per'acre shall apply except for the PUC - mean high water. Adopted August 1, 1,990 139 Revised Through 04/15/99 ,Section 3.01.03 Zoning District Use Regulations b. ExiSting Uses C. Any Structure, project or use that exceeds the applicable maximum residential density, set forth in-para! (a) of'thiS Subsection-or the maximum building height set forth.in paragraph shall not be subject to the provisions of this subsection but shall be pre.eXisting use and be subject to the'-provisions :of Section 11.07.05(G) if and only'if: (1) 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, 1'984; 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 pm-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 County development approval for such existing pre- existing use. Payment of Alternate Development Fee. A site plan fora 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 Commissionem 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 of Service C annually Or D during peak season, or will require any traffic control device or access , the site plan. shall not be ~ved except upon the ALTERNATE DEVELOPMENT FEES {amount por residential unit excooding the maximum ¢~rmittod at $2'336'. '"1 ~'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 paragraj Shall be received and expended solely for the transportation improvements specified in SUbsection 8 of this Section. Nothing in the paragraph shall permit a Structure to be constructed, built, moved, remodeled, occupied, or used as a residential use at a density exceeding the maximum set forth in Level 4 for the NHI'RD subdistrict or:in Level 3 for the Adopted August 1, 1990 140 Revised Through 04/15/99 Section 3.01,03 Zonin9 District Use Regulations . do e. SHIRD-N and SHIRD-S.sUbdistricts. .Increa:se in .MaXimum Residential Densities If,-at any time..after a residential use. is approved under paragraph a of this subsection, the capaci~ of the roadway .system ina subdistdct 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 application for the subject .prope~ 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 Any roads .impact fee paid pumuant to SectiOn 1-17-30 of the Code of Ordinances of St. in Section 3,01.03.AA(7)(c) of this Code. Traffic Capacity Levels For the of thiS Code, the following levels of service or equivalent Capacity,: as ~determined to hie 'bY the 'Board of-County Commissioners, shall govern the density of development according'to subsection 7 Of this Section. Atmffic Capacity level shalI be deemed aVailable when the Board of CoUnty CommiSsionem or other appropriate authority has accepted a construction 'bid for the stated improvement. ao Commencement Level (1) Existing conditions. b. Level 2 (1.) NHIRD - ExiSting conditions as of October 12, 1983, together with the addition of nodhbound right tum lane at Old 'Dixie Hi the NoAh Beach CausewaY and sign and the' addition of a southbound right turn lane ~ (2), SHI.RD-N together With the: improvement of Seaway Drive to a four lane road .from th Caus:eway Bridge to Binney Drive, the addition of a northbound lefftum lane atthe intemecti°n of ocean Drive and Binney, and the improvement of Ocean DriVe in the .'City of Fort Pierce to a ,three lane road. (3) SHIRD-S - Existing conditions together with the improvement of either: the Jensen Beach Causeway to a four lane facility, together with improvement of Indian River Drive to a four lane road between the Jensen CaUseway and Jensen Beach Boulevard, the improvement of State Road A1Ato a four lane rOadway 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 Distdct Use Regulations 'intersection of Monterey Road, and the four:laning of state Road A1A from the Jensen Beach Causeway to a point one mile north of the St. Lucie County - Martin 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. c. Level 3 (2) (3) .NHIRD- Level 2improvements 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. 1 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 Fo~'Pierce to a four lane road, and the addition of a northbound right turn lane at the intersectiOn of U~.S. 1 and Seaway. SHIRD-$- Existing ,conditions togetherwith two of the improvements specified under Level 2 above. d. Level 4 (1) NHIRD -'Level 3improvements plus grade separation-of the North Beach Causeway and the Florida East 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 du U.S. 1 intersection, and the four to the Indian RiVer Co,~ le. (2) SHIRD-N - Does not apply. (3) .SHIRD-S - Does not apply. 9~ Environmentally Sensitive Areas The-residential ~ermitted in the Dune Preservation .Zone and in the wetlands may be used only if for development, or if clustered to that I:ederal or state agencies exercising over such area. 1'0. 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~ DistriCt found in Table I 'in. Section 7,04.00. bo Multi-Family .Development: Adopted August 1, 1~990 142 Revised Through 04/15/99 11. 12. 13. 14¸. 15. SeCtion 3..01.03 Zoning Distdct Use Regulations 7.04,00. DimensiOnal/Building Height ReqUirements a. Single Family ,Development: Dimensional requirements for detached single-family residential units shall be-in accordance with the dimensional requirements [0r the RS4 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 Oveday Zone. b. Multi-:Family Development:' Dimensional mq'uirem:ents for all_ muitiple4amily dwelling units and two- and. throe-family dwelling· units Shallbe in accordance.with tlhe~dimensional roquirements for the RM.1 ~ 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) For .any structure: that has not been occupied constructed, or has not received ~a building permit, site plan or other County develOpment approval prior to January 10, :199.5 the requirements of 'Section 4.01,00, Hutchinson Island- Building Height Overlay Zone shall' apply. Off-street Parking and Loadiqg Requirements Off-street parking and.lOading requirements shall be in accordance with Section-7.06.00. L. andscaping .Requirements Landscaping requirements shall be in accordance with Section 7,09.00. o Nonconforming Lots of Record NOtWithstanding any other provisiOn of this section, the provisions of Section 10.00,04 shall govern the erection'of a s customary accessory buildings on any single lot of record existing On the is Code. Additions 'to RecreatiOnal Vehicles, MObile Homes, and Travel Trailers a. Notwithstanding any other prOvision of this section, any mobile home, recreatiOnal vehicle, or travel trailer 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 effoctive 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. b. No 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 Section 3.01.03 zoning Distdct Use Regulations 16. No.Recreational Vehicle, TravelTrailer, Detached Single Family Residence, Class A Mobile- 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 p'arks, or Section 7.10.17 (MOBILE HOME PARKS) in existing mobile home parks, d~ An addition in existence as of April lr8, 1989, .(Ordinance 89'09) which does not meet the requirement establishedin this SeCtion shall be deemed.a nonconforming structure and shall be sUbjeCtto the.provisions of Section 10.00,03. :However, exiSting additions which pose.a threat of imminent dangerto the.health, safety, or welfare of the general public as determined by rthe Fire 'Mamhal pursuant~ to the Standacd for Fire Safety Criteria for MObile Home Installations, Sites, and Communities, 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 protection requirements .shall be~in accordance with SeCtiOn 6.04,02. Adopted August 1, 1990 144 Revised Through 04/15/99 0 :0 CD 0 N Ci¥0~ f · s ~£ L ~Nnoo 33EIOH033~lO Anthony & Sons, L..C. Zoning l,ndian River ,\ \ \ \\ \ \\ \ .\ \ \ \ Rz 8 ' Community Development ~f' ': Geographic Information Systems . Map revised June 21,1999 . Land Use R? Indian ,R:iver 99-01 Anth.ony ! COM,' \. \ \ \ \ \ \ \ \ So-ns, L.C. RM Community Development Geographic Information Systems Map revised June 21,1999 AGENDA - PLANNING & zONING COMMISSION THURSDA Y, JUL Y 15, 1999 7:00 P.M. Anthony Coscia & $ons~ L.C., has petitioned St. Lucie County for a Change in Zoning from the CN (Commercial, Neighborhood) Zoning District to the. (Hutchinson IMand Residential District) Zoning District for thc following described property: (Locaaon. West side ,of South A-l-A, directly across from the Regen~ Island Dunes, Phase II) 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 anyparty to theproceeding, individuals testifying during a hearing will be sworn in, Any party to 'the proCeeding will be granted an opportuniO~ 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 July 2, i999. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on July 2, 1999. File No. RZ-99-018 .PUBL D ZONING COMMISSION . DA 5, 1999 1.00.03 of.the .the · consider their.folio. Wing r ~eclu&st: parCel of land located on-Hufi:hins0n Island in 'Section 34, To~;nship 36 SoUth,·'Range 41 East, St. Lucie CountY, FlOrida,' more ~Particularl~, described as;fOllows: ' ' · ' · ..... · way. line .of 'more or less thence northerly feet more 2858:86 feet· East along sa m0re'~ 1221-1 (Local ISland D0nes, 2. mercial, the folh Section 6, turn U.S. 1. and ~&:sterl~ the ri, 36 m. in. 04 s thenCe Beginning, (Location: i Regenc~ home for Section 5, Lots t3 and I.D. No.-2405,50 (Location: 3120 Avenue Q) ' 4. JOSEPH H;'HE:RND opment Approval, and a 1 du/5 acreS) Zoning Herndon Estates) Zoning The north i,~ oll particularl' Commencing at a point that feet sou'th ~f and l of the northeast COmer East, run' South the said 10 acres; thence the east line of Se~ion 14, 544-. Y2 of the nOrth I/5 of the along said southJine'786.37 with ;the east line 553.66 feet north line of' said with the r{0flh-li~e~of S All lying and " being:;' in - St..' L0Cie 3214-111-0004-000~5). (Location: Southwest corner of the 'intersectlc~n of Sou~ H;~'ader~ Canal Road and'N.S.L.W.M;D. Canal No. 77) 5. DREIDA MCNAIR, for a Conditional USe Permit to all6w a family residential home within 1,.000 feet of. anOther such family residential home for the fOltowihg described property: . .Section 32, Township 34 South, Range 40 East, Sheraton Pla~a,.Unit Four Replat, Lot 302 (OR' '2T6-1958) (Tax t,D. No. 1432-807-0060-000/5). (Location: 3009 Anderson Drive) ... '25,; tract way Ea: more jUly wilt is .to /s/ Pub.: 'July 2, 1999 tlDA , CHAIR/~,. N No. 2309 . . g ocr ST, LIJClE COUN~ PLANNING AND ZONING COMMISSION PUBUC HEARING AGENDA= - JULY 15, 1999 2300 VIRGINIA AVENUE 1'O WHOM IT MAY CONCERN: FORT PIERCE, ~ 34982: ATTN.: PLAF~~G & ZONING TflE:~~RiBUNE P,O. Box'69 Fort Pierce; Sc Lucie County, Florida 34954-(~9 Before the undersigned authority :personally appeared Maumen Saltzer- Gawel, or Cathi ReVels, who on oath says that: :he/She is publisher, classified rnanager of The Tribune, a Fort Pierce in St. Lueie being a irt the Zoning will be considered by. the Planning and 15, 1999, etc- was published in said-newspaper .in the issues of July 2, 1999 Affiant antd that I Florida, for a periOd and subscribed befo.r~ me July 2, 1999 in said St. ~cie County, FlOrida, St. Lucie County., Florida,each day said St. Lucie COunty, co~oration.: t for publicatiOn in the Nota~ Public I Planning consider fheir following - re.quest: 1. "-ANIHO~ COSClA & SONS, LC., for a Change in ZOning ].,from lhe CN [Commercial, Neighborhood} Zoning ,, DistriCl lo the HIRD [Hutchinson tsland:Restdenflal District] ,.. Zoning DistriCt for the following desCribed prope~: · A PARCEL OF LAND LOCA~D ON HUTCH!~ IS~D IN THE NOR~ LINE SR A1A; 'N.ONG: MIN 10 'mSS'TO 1JNE A ,NORTH -2858 bEG I.D, NO. [Locallon: West side of South SR A-1-A,.dlrectly _. across from lhe Regency Island -' Phase 2] · 2. CROCE GIAMBANCO, for a Change in Zoning from the CG {Commercial, General} Zoning District to the i {Institutional} Zoning District fOr the following described, prope~: TOWNSHIP $4 ~OUTH 40 EA~, THAT THE THENCE, FEET; TK 04 sm [Localion: 6609 North U.S. Highway No. 1) : 3. MARLENE HADDEN, for a Conditional Use Permit to allow a family residential home within 1,000 feet of another such , family residential home for the following described , .property; " SECTION 5, TOWNSHIP 35 SOUTH, RANGE 40 EAST, SUNRISE PARK NO~ 1, BLOCK 5, LOTS 13 AND 14, LESS THE SOUTH 10 FEET .~,.31 AC).. (OR 1219,2857"j (TAX I,D; NO. ' .2.405-5014) 104-0(X]/6),. . .- ':.~ [Location:" 3120 Avenue Q] Z~. JOSEPH E. HERNDON, for Preliminary and Final Planned -._~ Unit Development Approval, and a Change in Zoning .....from the AG-5 [AgriculturaI - 1 alu/5 acres] Zoning 7 . District to the PUD (Planned Unit Development - Herndon '; Estates] ZOning .District for the following described '- ~ property: . ~. THE NORTH ~,&: OF THE NORTH 1/=t OF THE NO,RTHEAST 114 ~.ql: SECTION 14, TOWNSHIP 36 SOUTH, RANGE ;38 EAST, LESS *THE EAST 143.00 FEET AND THE NORTH 50.50 FEET FOR ROAD ~lq.. D CANAL RIGHT~F-WAY, ~ LESS A 10 ACRE ~PARCEL IN ,~THE SOUTHEA~ CORNER OF THE ABOVE DESCRIBED TRACT, 'SAID 10 ACRES BEING MORE PARTICuLARLY DESCRIBED AS ~OWS: C~.C)MMF. NC:IN~ AT A pt~ll~r TI4AT I.q .qO..qt'l I:::I:[:_I~T .q(~tTM ~FI. ORII~A I~~ART/v~ENT OF CHI I REhl &'F ILIE$ Jeb BuSh Governor Kathleen A. Keamey Secretary ,, , District 15 337 N. 4th St. Buddy Cline Ft. Pierce, FL. Acting Distri~ Administrator 34950 July-I 5, 1999 To the Board of Commissioners for St. Lucie County Re: Aurora of the Treasure Coast To Whom It Mays'Concern: Mr. Croce Giambanco is very interested in developing an Adult Living Facility in the northern sector of St. Lucie County, adjacent to U.S. Highway 1. He has applied with the State of Florida, District 15, Department of Children and Families to .become a Developmental Services Medicaid Waiver provi'/ler-in order to serve persons diagnosed with developmental disabilities. Mr. Giambanco · wishes to offer quality residential services and skills training to this population. If given the C mm~smon s approval for this site location, the Department of Children and Families will most likely certify his company to provide residential services, It is my understanding that Mr. Giambanco already operates a restaurant near this site, and that his restaurant has a good reputation in the business community. As assurance to the Commission, 'the Department of Children and Families will -perform annual quality assurance monitoring of these services, and if we find inadequate service provision, we will decertify Mr. Giambanco from providing these services in the future. If Developmental .Services can be of further help, please let us know. You can reach my office at 561-467-3792. Sirtcerely, Stephen P. Stoltz Senior Human Services Program Specialist Developmental Services Working in partnership with local communities to help people be self-sufficient and live in stable families andcommunities PLANNING ~ ZONING COMMISSION ~VIEW: 0.7/15/99 File ~Number RZ-99-019 M E.M ~O, R AN D UM DEPARTMENT OF COMMUNITY DE~LOPMENT TO: FROM: DATE: Planning and. ~Zoning Commission Planning Manager ~~ July 6, 1999 SUBJECT: Application of Croce Giambanco, for a Change in Zoning from the CG (Co~ercial, General) Zoning District tothe I (Institutional) Zoning District' LOCATION.: North U.S. 'Highway No. 1 E~'STING ZONING: CG (Commercial, General) PROPOSED ZONING: I (Institutional) FUTURE LAND ~USE: COM (Co~ercial) PARCEL SIZE: 0.20 acre PROPOSED USE: Institutional Residential Home PERMITTED USES: · Attachment "A" -.Section 3.01.03(X) I (Institutional) - contains the designated uses which are pemfitted by fight, permitted as an accessory use, or permitted through the conditional use process. Any use designated as a "Conditional Use" is req review and approvals. Any use not found regulations are designated as ~SURROUNDING ZONING: 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 the Turnpike Feeder Road. SU~OUNDING LAND: USES: The general existing use surrounding the property is residential. There are commercial uses along South U.S. Highway No. 1. The Future Land Use Classification of the immediate surrounding area is COM (Commercial) July 15, 1999 Page 2 Petition: Croce Giambanco File No.: ~-99-019 FI~/EMS PROTECTION: UTILITY SERVICE: T~SPO'RTATION IMPACTS RIGHT'O Station #4 (4000 St. Lucie Boulevard), approXimately 3 miles to the southwest is located The subject property is se~ed by a well and-septic .system. The existing fight-of-way width for North U.S. Highway NO. 1 is 200 feet. IMPROVEMENTS: TYPE OF CONC NCY None. Concu~ency.Deferral Affidavit. ST. L ~.VIEW AS SET FORTH IN SECTION 1 !.06.03, LAND DEVELOPMENT CODE In reviewing thiS. apPlication for proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations-: 1. Wh'ether the St. is in conflict with any applicable portions of the The' proposed district is consistent with the. St. Lucie County Land the standards ~of Section 11.06,03. e Whether ~the proposed .amendment is consistent with all elements of the St. Lucie County COmprehensive Plan; The proposed zo~ng district is consistent with the St. Lucie 'County Comprehensive Plan. The COM :(commercial) Fu~e Land Use classification allows I (Institutional) Zoning. 3~ Whether and the extent to Which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed zoning is.consistent with existing and proposed land uses in the area. The general ~Use'of the immediate surrounding area of the subject property is July 15, 1999 page 3 Petition: CrOce Giambanco File No.: RZ-99-019 ® Se e commercial, The :subject property has been utilized for a non-conforming ap~ent complex. Whether ~there have :been ~changed conditions that require an'amendment; COndifionsl.have not changed so as to require an amendment. Whether and the extent to which.the proposed amendment wOuld-result in demands , and whether or to the extent to which the proposed a ~ capacity ~of such public facilities,, including but not T' faci ~ttes, sewage facilities, water drainag mass transit, and emer The intended use~ for this rezoning is not .expected to create significant additional c.u~ent[y the site of a approved, :the'applicant intends to care e development. apartmem compl people. that is is 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 enviroment. The site is c ly'developed. Nosi~ificant structural changes are comPly with all federal, state, and local e 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 zo~ng. The surrounding parcels of property are designated for commercial uses, including a restaurant next door also omed bY this applicant. The intent of this rezoning is to allow for the establishment of an InStitutional Residential .Home for developmentally diSabled adults. July 15, I~999 Page:4 Petition: Croce Giambanco File NO.: ~-99-019 ge. Whether the propo: and is in harmony With: the conflict with the-public interest, The Code. mendment would not be in conflict with the public .interest and is in intent of the St. Lucie County L~d Development . COMMENTS an The Croce Giambanco, has requested this change in zoning ~om the CG m the I Zo District in order.to establish by ~the non, eOnfo~ing ~apartment complex. A Attached ~the on the be allowed if it as and~ is nOt in conflict with the goals, Staffreco~ends that you Please contact this office if you have any questions on this matter. Attachment hf cc: Croce Giambanco File MOTION TO APPROVE: AFTER CONSDE~G THE TESTIMONY P~SENTED DURING THE P~LIC HEARING, INCL~~G ST~F CO~ENTS, ~ T~ ST~~S OF REVIEW AS SET F IN SECTION 11,06,03, ST... LUC~C YLAND DEVELOPlVlENT CODE, I HE--BY MOVE THAT THB'P G A~ ZO~G CO~ISSiON ~CO~ND THAT T~ ST. LUC~ CO~TY BO OF CO COMMISSiO~RS GRANT ~PROV~ TO THE ~PLICATION OF :CROCE GI~B~CO FOR A C~GE IN ZONING FROM THE CG (COMMERCI~,~ G ~) ~ZO DIST~CT TO THE I (INSTITUTIONAL) Z DISTRICT, BECAUSE ...... [CITE ~ASON ~Y - PLEASE BE SPEC~IC]. MOTION TO D : A_FTER',CONS.~ G TEST~ONY PRESENTED D~G THE P~LIC HE G, 1NCL~'~G ST~F CO S, ~ THE ST ~S 'OF, W AS SET FORTH SECTION' .I 1.06.03, ST. IE C Y ~LAND DEVELOPMENT CODE, I HE.BY MOVE THAT T~ P G~ Z G COMMISSION ~COMMEND THAT T~ ST. CO[~TY BO~OF CO~Y CO~ISSiO~RS DE~ T~ APPLICATION OF CROCE GI~B~CO, FOR A CHAI'~ ~4GE ~ ZONING FROM THE CG (COMMERCI~, GENERAL) ZO~JG DIST~CT TO THE I.(INSTITUTiONAL) ZONING DISTRICT, BECAUSE ..... [CITE ~ASON ~Y- PLEASE BE SPECIFIC]. X. . !NSTIT,DTIONAL PurpoSe SiC Section 3,01,03 Zoning District Use RegUlations uitable for institutional, public, .~.mpatible with institutional, .public, The nUmber in."0" following each identified use corresponds to the use not defined 2~ . . . ,, . Permitted Uses a. d, Communi~-residential homes sUbject to the Provisions of :Section 7,10,07. th ist InStitu 000) .feet another :(999) I. such homes .shall nOt ~be .located within a radius of res id ential ,home'-and of:home Occupancy .that the home ,9224) LOt Size Requirements .Lot size requirements shall be in accordance with Section 7..~.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. Conditional Uses Amphitheaters. (~) Membe Execl (86) (9223) nd nature exhibitions. es (82) and judicial functions. (9~,92.93,~4.9s,-~.97) services. (?26) Theaters. Adopted August 1, 1990 132 Revised Through 04/15/99 o Section 3.01.03 Zoning Dist~ct Use Regulations Po sr ! and Other health services. serious (83) recreational ~mps (~o3~) race tracks Accessory Uses Accesso~ uses a.re:subjeCt .to the requirements of SeCtion 8,00,,00, and-include the 'following: (999) Ce or dormitories. .mobile home, for on-site security purposes. Adopted August 1, 1990 133 Revised Through 04/15/99 s~ .L s 9~ L AJ. NI'IO0 33~30HO33NO Giamba,nco I 1 I I I I U I I ,e I ~,~ I I I --.-~--- 159 i I I ~'9 ! I 1. I ! I ~ ! I I 120 160 /80 CG I I I ~e ! z,¢,o I i RZ 99-019 Communi ;Iopment Geographic ' IJ ion Syst Map revised June. 22,1999 ~Land U:se Croce Giambanco I i ~ I ,~9 I r,o I I I i ! rz9 ! I l I :! I ~ ! ! I I i I I ~9 I i i RU RZ 99-019 Community Development Geographic Information Systems Map revised June 22,1999 N THURSDAY, JULY 15, 1999 7:00 P.~ :(Commerctal, General)Zoning Diatrict to the Zoning District for the following described property,. . Please theL°cal Planning Agencyare electronically record~d. :Ifa persOn decides to appeal any:decision made by the Local planningAgency .with respect to any matter considered at SUCh meeting or hearing, he will need a record of :the proCeei~lings; and for SUch purposes' he may :need to ensure that a verbatim recOrd the to be bdSed. Up°n the request ofany Party totheproCeeding, individuals.testifying during a hearing opportunity W cross,examine any indiVidual!testifying during a hearing upon request. ~Written comments recetvea in advance of the public hearing will also be COnsidered. , Prior .to thiS public hearing, notice of the same Was sent to aH adjacentPr°Perty owners Julys2, 1999' Legalnoticewas pUblished:in the Port St. Lucie and The Tribune:, newspapers of Xeneral circulati°n in St'. Lucie ~County, on July 2, 1999. File No. RZ'99'O19 , ST. LUCIE TO WH NO St. Lucie Cou · consider A :36 ~South;' of '~ way line of~ thence COMMISSION ·., , more 'or .I 1221-1 Island Ddnes, Phase 2) · 2. merdal Section U.S. 1. the ri 36 thence Regency Section ~ 5, Lots 1 I.D. No. (Location: 31 4. JOSEPH opme~ 1 The north ~ South, Rangi for mad and · 'Soufliea of the northeast co~ East, the said the east line .of ~ of the north along said so .. · / north line of' said Sectiol with the ri0~th All lying and "; b~iflg? ln :; 3214~111~0004~000/5).. : '· ' .' '; ... . : ...r:..~ (Location: Soulfiwest corner' of the intersection of:'sou~h* Header Canal Road and'N.S.L;W.M.D~ Canal No. 77) ., 5. DREIDA MCNAIR, for a Cot~ditional Use permit to all6w a family residential home within 1,000 feel of another sUch family residential home for the fo!lowihg described-I~ropertyi . Section 32, Township 34 South, 'Range 40 East, Sheraton Pla~a,. unit Four Replat, Ldt 302' '(OR '2t6-1958)'(Tax I.D. NO. 1432.807.0060.000/5). · . ' (Location: 3009 AndersOn Drive) ,. · . for .the All tract of~ July will may is .to ST: /s/ Pub.: July 2,1999 COMMISSION No. 2309 · . ST. LUCIE COUNTY PLANNING AND ZONING COMMISSK)N BOCC ~JBUC HEARING AGENDA JULY 15, 1999 23~ V~G~IA AVENUE FORT p~RCE, ~ 34982 ATTN.: PLYING &,ZONING Gawel, or TIlE IBUN,E in P.O. Box 69 Fort Pierce, St.'Lucie county, Florida 349M-0069 that he/she:is publisher, Classified in St. Lu¢ie TO WHOM IT MAY CONCERN: NOTICE i .Section' 11,00.03 of the :provisions Plan, the ils have requeSled thai the SI. Lucie Counfy Planning and Commission consider theirI following r .ectuest: 1.'-ANTHONY COSCIA & SONS, L.C., for a Change in Zoning :..from lhe CN (Commercial, Neighborhood] Zoning ', DistricI Io the HIRD .[HulChinsOn Island ;ReSidential Districl] , . zoning District for the following described properly: ". A PARCEL OF. LAND LOCAIED ON.HUTCHiNSON 'ISLAND IN SECTION 34, TOWNSHIP 36 ~, '. ~ 41 EA.S'T,~ ST. LLCE COUNTY, FLOmDA. MORE PAR11~~Y DESCRIBED AS FOLLOWS: A POINT OF THE NO~ UNE will be considered by the Planning and 15, 1999, etc. was published in said newspaper in the issues of July 2, 1999 SR Al. SEC'EAST lINE ,NOffil-I flAX I.D. (Location: West side of South SR A-1-A, directly ... acr~ from'the Regency-Island Dunes,, 2. CROCE GIAMBANCO, for a Change in Zoning from the CG [Commercial, General].Zoning District to the i [Institutional] zoning District for' the following described property: SEC!10N 6, TOWNSHIP 34 SOtJIH, RANGE 40 EAST, THAI :PART THE SOUTH OF THE NORTHWEST 1/4 ~ THE U.& 1 AND EAST OF 1~ ~and has ~n ~ ,Piemc, Notary Public 041 · ' [Location: 6609 Nodh U.S. Highway No, 1] 3. MARLENE HADDEN, for a Conditional Use Permit to allow a family residential home within -1,000 feet of another such , family residential home for the following described , .properly: -" SECTION 5. TOWNSHIP 35 SOI~, RANGE 40 EAST. SUNRISE PARK NO. 1, BLOCK 5. LOTS 13 AND 14, LESS THE SOUTH 10 FEET [0.31 AC] [OR 1219-2857] [TAX LD. NO. ' .2.405-501-0104-[XX]J6). ':' [Location: 3120 Avenue Q) L~. JOSEPH E. HERNDON, for Preliminary and Final Planned Unit Development Approval, and a Change in Zoning from the AG.5 [Agricultural - 1 dui5 acres] Zoning 7 District ta the PUD (Planned Unit Development - Herndon '" Estates] ZOning District for the folk~Wing described -" properly: ": THE NORTH 'A OF THE NORm ~ OF THE NORTHEAST 1/4 , ~ SECTION 14, TOWNSHIP 36 SOUTH* RANGE $8 EAST, LESS i-THE EAST 143.00 FEET AND THE NORTH 50.50 FEET FOR ROAD '~D ~ RIGHT ~-O~*WAY, ALS() LESS A 10 ACRE PARCEL IN '.:.THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED TRACT, .-SAID 10'ACRES BEING MORE PAR11CULARLY DESCRIBED AS · ~..~* ('~.OMM~N~.IN~ AT A P('MM t1-lAT I.~ BI'I..~I'I l::~g'T ~ m4 C14:: .. PLANNING AND ZONING COMMISSION ~VIEW: 07/15/99 File Number CU-99-004 ME, MORAND~UM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: FROM: DATE: Planning and Zoning COmmission Planning Manager 9~~ July.6, 1999 SUBJECT: Application of Marlene Hadden, for a Conditional Use.Permit to allow a family residentia!'home, within 1000 feet of another family residential home in the RS-4 (Residential, Single-Family- 4 du/acre) Zoning District. LOCATION: ZONING DESIGNATION: 3120 Avenue Q RS-4 (Residential, Single-Family- 4 du/acre) LAND USE DESIGNATION: RU (Residential Urban) PARCEL SIZE: 0.31 acre PROPOSED USE: Family residential home located within 1,000 feet of another family residential home. SURROUNDING ZONING: RS-4 (~esidential, Single -Family - 4 du/acre) to the north, east, ~d west and i (Institutional) to the south. SURROUNDING LAND USES: Residential single-family homeS and Miracle Prayer Temple RU (Residential Urban) to the north, south, .east, and west. FIRE.MS PROTECTION: Station #15 (721 Avenue D) is located approximately 3 miles to the southeast. UTILITY SERVICE: Water and sewer service is provided by Ft. Pierce Utility Authority. TRANS PO RT ATI ON IMPACTS RIGHT-OF-WAY ADEQUACY: SCHEDULED IMPROVEMENTS: The existing tight-of-way width for Avenue Q is 70 feet. None TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity. July 15;, 19,99 Page 2 ~ Petition: Marlene Hadden File No.: CU-99-004 STUD--S~ OF REVIEW AS SET FORTH IN SECTION'll.07-03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In revi-ewing~this .application :for proposed conditional use, the Planning and Zoning Commission shall consider and m~e the following detemfinations: Whether the proposed conditional use is in conflict with any applicable portions of the St. Lucie County Land Development Code; The propoSed conditiOnal use is not ~ conflict with any applicable portions of the St. Lucie County Land Development Code. Section 3.01.03(J)(6), RS-4 (Residential, Single-Family- 4 du/acre) zomg Disffict, :allOws family residential homes that are located withn 1,000 feet of another family.residential home as conditional uses, subject to approval by'the Board of County Commissioners. e Whether and the extent to which the proposed conditional use would have an adverse impact on nearby properties; The proposed conditional use is not expected to adversely impact the surrounding properties. There are three existing licensed homes located within this neighborhood: 2405-.601-0086.000/0 Lesane Family Home Day Care 3303 Avenues 650 feet 2404-'608-0097-01'0/1 Lil Kids' inc, Learning center 150i N. 29th~ Street 1,000 feet 2404-608-0097,010/1 Hope i 501 N. 29th Stree~ !,000 feet These three facilities concentrate on children's day care. The applicant is proposing an adult -living facility, which will have a maximum of six clients and two employees. Upon applying for a license to operate the adult living facility, the applicant was apprised of the code requirement for a conditional use when a family residential home is located within 1,000 feet of another family residential home. e Whether and the extent to which the proposed conditional use would 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 use is not expected to create significant additional demands on any public facilities in this area. The applicant has apPlied for license to operate an adult living facility in the State of Florida. Upon applying for the license and confirming the appropriate zoning, jUly 15, 1999 Page 3 Petition: Marlene Hadden File No.: CU-99-004 it was determined that due to the existence of a family residential home within 1,000 feet of the.subject.property, a conditional use permit would be required. Whether ~and the extent to Which the proposed conditional use would result in significant adverse impacts on the natural environment; The proposed conditional use is not anticipated to create adverse impacts on the natural environment. COMMENTS The applicant, M~lene Hadden, has ~applied for the requested conditional use in order to operate a licensed family residential home within 1,0.00 feet of another family residential home for property located at 3120 Avenue Q. 'The subject property is located in the RS-4 (Residential, Single- Family - 4 d~acre) Zoning DiSffict. Family residential homes are permitted Within this zo~ng district. ~en there is. an. existing family residential home located wit~n 1,000 feet of another family residential home a conditional, use' is required. Family residential day care 'facilities for ~children are included for this.purpose. The character of the area in which the subject property is located is primarily residential in nature. There are three existing residential day ~care facilities located within 1000 feet of the proposed facility. Upon applying for a state license and confirming the appropriate zoning for the subject property, it was determined-that a conditional use is necess~ when another facility is located within 1000 feet of the subject property. Staff finds that this petition meets the standards of review as set forth 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 County COmprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval. No special conditions have been recommended. Please contact this office if you have any questions on this matter. Attachment CS cc: Marlene Hadden File Suggested motion to reco~end approval/denial of this requested conditional use. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURIN.G 'THE PUBLIC HEARING, INCLUDING 'STAFF.COMMENTS, AND THE STANDARDS OF REVIEW AS S-ET FORTH IN SECTION 11..07,'03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, ! HE'REBY.:MOVE~ THAT THE PLANNING AN'D ZONING COMMISSION RECOMMEN.D THAT THE ST. LUCIE COUNTY .BOARD OF COU'NTY COMMISSIONERS GRANT : APPROVAL TO TH.E APPLICATION OF MARLENE HADDEN, FOR A CONDITIONAL USE PERMIT TO ALLOW A FAMILY .RESIDENTIAL HOME WITHIN 1,000 FEET OF ANOTHER FAMILY RESIDENTIAL-HOME IN THE RS4 (RESIDENTIAL', SINGLE-FAMILY -4 DU/ACRE)ZONING DISTRICT: BECAUSE... [CITE REASON(S)WHY- PLEASE BE SPECIFIC] MOTION TO. DENY: AFTEP, CONSIDERI'NG THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLU~DING STAFF-COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SE'CTION 11.07,03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, ! HERF-BY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY'COMMISSlONERS DENY THE APPLICATION OF MARLENE 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: BECAUSE... [CITE REASON(S) WHY- PLEASE BE SPECIFIC] 2405-501-0104-000/6 Section 3.01.03 Zoning District Use Regulations J~ . , - ~s,-4 RESIDENTIAL, S.INGkE-FAMI.L¥.- 4 Purpose The purpose-of this district is to provide and protect an environment suitable for single-family dwellings at a maximum density of four (4) dwelling: units per gross acre, together With :such other uses as may be necessary for and'compatible with Iow densi~ residential surroundings. The number in "0" following each identified use corresponds to the SIC code reference described in :Section 3.01.02(B). The number 999 :applies to a use not defined .under the SIC code but may be further defined-in Section 2,00,00 of this code. Permitted .USes Family day care. homes. (99~) Family residential homes provided that such homes shall not be located within a radius of 1 . 5. . o Co theBoard of County Commissioners at the time of home occupancy that the home is licensed by HRS. Single-family detached dwellings. (~) LOt .Size Requirements Lot size requirements shall be in accordance.with Section 7.04.00. Dimensional~ Regulations Dimensional requirements shall be in accordance with Section 7.04.00. Off-street Parking. Requirements- _ Off-street parking requirements shall be in accordance with Section 7.06,00° Conditional Uses a,. b,. Family residential homes located within a radius ofone thousand (1000).feet of another such family residential home. TeleCommunication towers - subject to the standards of Section 7.10,23 AcceSsory Uses Accessory uses are subject to the requirements of Section 8.00.00. Adopted August 1, 1990 107 Revised Through04/15/99 S rlr£ ~ s s~ J. A.l,~no0 , $ 9~; J. 3380H033>!0 Zoning Aven~ue Marlene I , ladden ! ,q il RS J . . Pierce City Limits Ave ! I !/51/6 I I CU 99 ~004 -Community .Development Geographic Information Systems Map revised June 18,1999 N Land, t/, , ~i/ , J CU Use e Hadden Avenu-e "Q" 99-OO4 ---- Ft. Pierce City Limits U') ! I ~ I Community Development Geographic Information Systems Map revised June 18,1999 , N AGENDA- PLANNING & ZONING COMMISSION THURSDA E JUL Y 15, 1999 7:00 P.M. Marlene Hadden, has petitt'oned St. Lucie County for a ~Conditional Use Permit to allow a family residential home within 1, O00 feet of another family residential home in the RS-4 (Residential, Single,Family '- 4 du/acre) Zoning District for the following described property: (Location: 3120 Avenue Q) Please note that 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 of anyparty 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 this public hearing, notice of the same was sent to all adjacent property owners July 2, 1999. Legal nottce was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie COunty, on July 2, 1999. File No..CU-99-004 ST. LUCIE.COUNTY PLANNING'AND ZONING COMMISSION .PUBLIC HEARING' AGENDA ' :.. JULY 15, 1999 TO WHOM IT MAy CONCERN: '. - , NOTICE is hereby given in accordance With section ! 1.00,03 of ,the .St. Lucie County Land Development Code. and-the prOvisions of. the 'St. Lucie Couniy- Comfrehensiv~ Plani .the.c:following .apPlicants ':h&¢e requested.th&t, the St.[:!Lucie Counly'Planning 'and Zoning c~mmi~siOn . consider their, following 'reC/'uest: .... ' ... ,,.,. ,.. ', ..\ .. ' . - 1. ANTHONY COSCiA & SONS, L.C,, for a Change in Zoning fr~m the'fl 'CN (C0mmerdal, Iqeigh~ ~.hOod) Z°ning District ~ the ~HIRD IHutchin;ll . son 'Island Re~iden!iai.Dis~icti Zoning Di~tricrfor the, lfo!10wing .~e.sCq~dlj properly:. . · .- ." ,.....'.: .... . ..' .:.J.j A parcel of'land located on Huti:hins0n Island in 'Section 34, TownshiP J J 36 South," Range 41. East, St. :Lucie County, FlOrida, .more padicUlarlyJj describecl as-.follows: ' ..~ ' '.. ' ' . !1 Begirt at q p0int of intersection of the ~ortl~ line. of,the south 2577.66 feet of the no~ 2858.86 feet 'of said' Section 34 and the westerly right,of~ jJ way line of SR A1A; thence run South 20 deg 23rain 08 sec ~ast along Jl 2858:86 f~erof 'Said East along Said more or.less, lo me (OR- 1221-1-734] (Location A-1 *A, ~directly acrossfrom the Re Island Dones, Phase 2) · - 2, cROCE G1AMBANC.0~ .for a Ch';nge in ~.oriirig-.fr0m ':the. CG.'lC°ifi-.' mercial, 'General) Zoning District to-the. I (It~titutional)'Zoning.Di~h:ict for' the fOllowing described properly: ......... . Section 6, T~wnship 34;i'~O~th, I~ange 40' East, that part of the Shuth ~ of the .nOrthwest ¼ al~ the northeast ~A. lying west of U.~S. :1 'and east of the ea'sterl the rig 36 thence Begir 1)- 3. MARLENE HADDEI~I, for~.a Conditional Use' Permit t~ allOW a family residential horn~ within '1,000 feet at'another such 'family residential home for the , Section 5, 'Township! , Block 5, Lots 1.3 and 14, less the ~outh tC 1:21: 9-2857) (Tax I.D, No.-2405.501,0104-000/6). (Location: 31'20 AvenUe Q) . . 4. JOSEPH H. HERNDON, ~or Preliminary ~nd ~inai Planned Unit Devel- opment Approval, and a Change in Zoningfrom.the AG-5 (AgricUltural, 1 du/5 aCres) ZOning District to the PUD . (Planned Unit Dev~10pment - Herndon: Estates) Z°ning,District for the following described'pr6perty: J The north ~ o.f tJ~e nortl~ '~/~ of the northeast'¼ of Section 14~ To~',nsJiip 3~ South, Range 38 East, less the east 143.00 r feet and the northiS0iS0 I~eetJ for. road ~nd canal.right-of'way, also"-Iess.'a'.,10 acre parcel ·in theJJ Soutl~east corn'er of~ the ~bove d%cribed tract; Said t0 acres being mor~J! particularly described as' followS~ ..: . , ~.'." ' '.- '/! Commencing at a point that is 50.50 feet south of and .' ) jeer west of the northeast c~rner of'Section 14, Township .'' Range ~8 East, run' South'00?15'58" West 60.00 feet 't° tl~e- the said 10. acres; thence continue .South;00°15'Si the east line of Section 14, 544.~22 feet ~/~ of the nodh !/~ of the along said south line"786.37 with 'the east line 553.66 feet to., nodh line of' said Section' 14; with the i~0dh.ll~e~.of Sedi~n All lying and.' " being:.:' in .'St..".Locie 'County~ [FlOrida.- 3214-111-0004'.000/5). ' ...... '" '. - (Location:. Southwest corner'of the intersection of; SOulh Header. Canal Road and N.S.LW.M.D. Canal No. 77) 5. DREIDA MCNAIR, for a Conditional Use Permit to allow a family residential home within 1,000 feet of another such. family residential home for the followihg described l~roperty: Section 32, Township 34 South, Range 40 East, Sheraton Pla~a,. Unit Four Replat, Lot 302 (OR '21'6.1 958) (Tax I.D. N°. 1432-8C)7"0060-000/5). (Location: 3009 Anderson Drive) · ' ~;'.P.IP,PIN;T..,~CTOR, for a Change in Zoning from,ihe AR,l, (Agricultural, Resldentiali~ .~'.i alu/acre)~Zoning ~)istrict to tl~e· CG '(Comme~:Jai, General) 'for the following described prc~perty: · .~ . .',' ·., - . . All that certain kact of pai'cel of land lying, being and situated in SectiOn 2:5, Township 34 S°uth~ ~Range ~39 East, St. Lucie :County, .Floridb a.nd this tract, being.'more particularlydescribed aS follows: . way alon~ 468.36 more Lucl , . in Room 1Ol,'.~Stl L~¢le CoUnty PUBLIC HEARINGS will be held AvenUe, F0H On · Admi~ . . ' July as pos~ible.: .PUR$ .'lf.a person decides to'a commls," sion with will need may need'to ensure that al ve~ which record inclUdes the'testir is.to be based. PLANNING AND ZONING COMMISSION '. ST, LUCIE COUNTY, FLORIDA · , · ./S/DIANA WESLOSKI; CHAIRMAN .. ':. · . , .. .. -, . . Pub.: July 2, 1999 - - BOCC 2300 VIRGINIA A~NUE FO'RT P~RCE, ~ 34982 ATTN.: PLYING & ZONING STATE OF FLORIDA COUNTY OF ST. LUCIE TflE~:-~RIBUNE P,O. BOx 69 Fort Pierce, St. Lude County, Florida 34954-0069 Before the underSigned authority personally appeared' Maureen Salt~r- Gawel, or Cathi Revels, who on oath says that he/she is publisher, classified manager of The Tribune, a daily newspaper published at Fort 'Pierce in St. Lucie the advertisement, being a in the matter of six-request: will be considered by the Planning and Zoning Commission on July 15, 1999, etc. was published in' said newspaper in the issues'of July 2, 1999 Affiant further says that The Tribune is .a :newspaper published at Fort Pieme, in.said St. Lucie County, Florida, and that the.said newspaper has heretofore .~n continuously published-in St. Lucie County, Florida, each day and has be~n entered as :second class mail matter Florida, for a period of one affiant further says that he commission or refund for SWam post: office in Fort Pierce, in said St. Lucie County, and Notary Public No. 2309 SI. LUCIE COUNIY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA JULY 15, 1999 TO WHOM ff MAY CONCERN: NOTICE is hereby given in accordance with Section 11.00:03 of the St, Lucie County Land Development Code and the provisions of lhe St. Lucie County Comprehensive Plan, .the following applicants have requested lhat the St. Lucie County Planninc~ rand zoning commission consider their following re. quest: 1.'-ANTHONY COSClA & 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 the-following described property: A PARCEL OF LAND LOCATED ON HUTCHI~ ISLAND IN SECTION 34, TOWNSHIP 36 SOIJlH,-RANGE 41 ~, bT. UJCIE COUNTY, FLORIDA, MORE PAR11~Y ~BED .. BEGIN AT A POINT OF INTERSEC11ON OF THE NORTH UNE OF THE ,SOUTH 2577.66 FEET OF THE NORTH 2858.85 FEET~OF SAID SECTION 34 AND THE.WESTERLY ~-OF.WAY UNEOF SR A1A; THENCE RUN SOIJ1H 20 DEG 23 MIN 08 SEC EAST ALONG SAID WESIERLY RIGHr,4DF-WAY UNE A DGTANCE OF · 4,40~O0 FEET, TO A POINT; THENCE RUN NORTH 72 DEG 24 MIN 10 SEC WEST A DIbTANCE OF 686,20 FEET MORE OR 'LESS'TO THE EAS'IERLY MEAN HIGH WATER UNE OF THE INDIAN · R~; THENCE NORTHERLY ALONG .SAID U~ .HIGH WATER ~NE A DISTANCE OF 215,00 FEET MORE OR ~ TO SAID ,~ UNE OF~ THE SOUTH 2577,66 FEET OF THE NORTH -~858.86 ,FEET OF S~D SEC~N 34: THEN~ RUN ~ 89 DEe 59 M~N 38 SEC E~T ~ONG S~D PRE~OUSL¥ DESCRmED ~ UNE A D~N~CE OF 459.OO FEET ~3RE - QR LESS TO THE POINT ~OF BEGINNING {3,81 AC} (MAP .35/34N~ {OR 1221-1734} {TAX I,D. NO, [location: West side of South SR A-l-A" direc~ -. Phase 2] .. 2. CROCE GIAMBANCO, for a Change in ZOning from the CG (Cc~nmercial, General) Zoning District to the ! [Institutional) Zoning District for the following' described property: SECTION 6, TOWNSHIP 34 SOUTH, RANGE 40 EAST, THAT · PART OF THE SOmH 1/2 .OF THE-NORTHWEST 1/4 OF THE ~EAST ~/4 LYING WEST OF U.S. I AND EAST .OF THE BEGIN AT THE INIERSECTION OF THE u.s.'~ AND mE ~ UNE OF THE THENCE 220.60 FEET TO THE~ FEEDER ROAD: THENCE · U.S. 1; THENCE RIGHT-Off-WAY ,245,90 FEET TO THE PO~NT.OF BEGINNING. (OR 1150-614] ~AX I.D. 1406-124d3002~4).: . [Location: 6609 North U.S. Highway No. 1] : 3. MARLENE HADDEN, for a Conditional Use Permit to allow a family residential home within 1,000 feet of another such , family residential home for the following described , property: " SEC~ 5, TOWNSHIP 35 SOUTH, RANGE 40 EAST, SUNRLSE PARK NO. 1, BLOCK 5, LOTS 13 AND 14, LESS THE SOtJTH 10 FEET [0.31 AC) (OR 1219-2857) {TAX I.D. NO. .2..405-501-0104-000/6). [Location: 3120 Avenue Q] -~4. JOSEPH E. HERNDON, for Preliminary and Final Planned .....Unit Development Approval, and a Change in Zoning from the AG-5 [Agricultural - I dui5 acres] Zoning -.. District t© the PUD (Planned Unit Development - Hemdon Estates] Zoning District for the following described -' properly: THE NORTH ',6 OF THE NORTH 'A OF THE NORTHF. A.ST 1/4 , ~.C~c SEC11ON 14, TOWNSHIP 36 SOUTH, RANGE 38 F.A~, LESS ,-THE EAST 143.00 FEET AND THE NORTH 50.50 FEEl' FOR ROAD '~D CANAL RIGHT-OF-WAY, ALSO LESS A 10 ACRE PARCEL IN i,.-THE SOtJTHEAST CORNER OF THE ABOVE DESCRIBED TRACT, 'SP~D ]0 ACRES BEING MORE PARTICULARLY DESCRIBED AS · .... "" ~..(~,4MENt~.ING AT A I:~lt~rr THAT Ig ~fl.~ I:EFT ~ ITM O1:: CHAPTER 419 COMMUNITY RESIDENTIAL HOMES 1997 Florida Statutes 419.001 419.002 Site selection of community residential homes ..................... I Statewide registry ............................................. 3 419.00~ Site selection of community residential homes.- (1) For the purposes of this section, the fOllowing definitions shall apply: (a) "Community residential home" means a dwelling unit licensed to serve clients of the Department of Children and Family Services,. which provides a living environment for 7 to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents. (b) "Department" means 'the Department of Children and Family Services. (c) "Local. government" means a county as set forth in chapter 7 or a municipality incorporated under the provisions of chapter 165. (d) "Resident" means any of the following: an aged person as defined in s. 400.618(3); a physicalty disabled or handicapped person as defined in s. 760.22(7)(a); a developmentally disabled person as defined ins. ~393.063(11); a nondangerous mentally itl person as defined in ls. 394.455(16); or a child as defined in s. 39.01 (12) and (14). (e) "Sponsoring agency-" means an agency or unit of government, a profit or nonprofit agency, or any other person, residential home. (3) (a) When a residential home has been selected by a sponsoring agency in an area zoned for multifamii.y, the agency shall notify the chief executive officer of ther local government in writing and include in such notice the specific address of the Site, the residential licensing 'catego~, the number of residents, and the community SrUpport requirements of the program. Such notice shall also contain a .statement from the district administrator of the department indicating the need for and the licensing .stat-u.s of the proposed community residential home and specifying how the home meets aPpliCable licensing cdteda for the safe care and supervision of the clients in ithe home. The district ad shall also provide to the local government the most ~recently published data corn all community residential homes in the district in which the proposed site is to be iovemment shall review tihe notification of the sponsoring agency in accordance with the zoning nance of the jurisdiction. ?.)Pursuant to such review, the local government may: Determine that the siting of the community residential home is in accordance with local zoning and approve the siting. If the siting is approved, the sponsoring agency may establish the home at the site selected. 2. Fail to respond within 60 days. If the local government fails to respond within such time, the sponsoring agency may establish the. home at. the site selected. PLUG AND ZONING COMMISSION ~VIEW: 07/15/9-9 File Number CU-99-005 ME M O.RA N D UM DEPARTMENT OF COMMUNITY DEVELOPMENT TO.: 'FROM: DATE: Planning and Zoning Commission Planning Manager .~~(-/ July 6, 1999 SUBJI~CT. Application of Dreida McNair (Debrrah Laguerre, Agent) 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 d~acre)~Zoning District. LOCATION: 3009 Anderson Drive ZONING DESIGNATION: RS-4 (Residential, Single-Family- 4 du/acre) LAND US.E DESIGNATION: RU (Residential Urban) PARCEL SIZE: 0,16 acre PROPOSED USE: Family msidemia! home located within 1,000 feet of another family residential home. SURROUNDING ~ZONING: RS-4 (Residential, Single - Family - 4 du/acre) to the north, south, east, and west. SURROUNDING LAND USES: FI~~MS PROTECTION: Residential single-family homes RU (Residential Urban) to the north, south, east, and west. Station # 4 (2850.Aviation Way) is located approximately 1.5 miles to the north. UTILITY SERVICE: Water 'and sewer service is provided by Ft. Pierce Utility Authority. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The exiSting fight-of-way width for Anderson Drive .is 60 feet and the existing fight-of-way width for Juanita Avenue is 80 feet. SCHEDULED July t 5, 19'99 Page 2 PetitiOn: Dreida McNair File No.: CU-99-005 IMPROVEMENTS: None TYPE OF CONCURRENCY DOCUMENT ~QUI~D: Certificate of Capacity. ST~DARDS'OF ~VIEW AS SET FORTH IN SECTION 11.07.03, ST, LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing, this.application for proposed conditional use,. the Planning and Zoning Commission shall consider, and make the following determinations: Whether.the proposed conditional use is in conflict with any applicable portions of the St. ~Lucie County Land Development Code; The. proposed conditional use is not in conflict With any applicable portions of the'St. Lucie County Land Development Code. Section 3.01.03(J)(6), RS-4 (Residential, Single-Family- 4 du/acre) ZOning DistriCt, allows family residential homes that are located within 1,000 feet of anexisting family residential'home as a conditi°nal use, subject to the approval of the Board of Co-unty'Co~issioners. Whether and the extent .to which the proposed conditional use would have an adverse impact on nearby properties; The proposed conditional use is not expected to adversely impact the surrounding properties. There are ~o existing licensed homes located within this neighborhood: !432-807'0064-000./3 ' Crumbieys Adult Family'Care 3001 Anderson Drive 300 feet 14'32-807-0048-00.0/5 Jonson's Group Home 2604 Bennet Drive 829 feet These two facilities concentrate on adult-care. The applicant is proposing a residential home for the developmentally disabled.-At this time, the applicant is operating an unlicenced facility on the subject property. Upon applying for a license to operate the group facility, the apPlicant was apprised of the code requirement for a conditional use when a family residential .home is located within 1,000 feet of an existing family residential home. There have been no complaints to date with regards to the existing facility. e Whether and the extent to which the proposed conditional use would be served by adequate public facilities and services, including roads, police protection, solid waste disposal, water, sewer, drainage structures, parks, and mass transit; T~s conditional use is.not expected to create significant additional demands on any public facilities in this area. The property is currently being utilized for a family residential home. July 15;, 1999 Page3 Petition: Dreida McNair File No.: CU-99-005 The use of the Property will not change. The applicant is attempting to become a licensed facility, Upon applying for ~the license and confirming the appropriate zoning, it was determined that due to the exiStence of a family residential home within 1,000 feet of the. subject property, a conditional use 'permit would be required. ¸4. Whether and the 'extent to which the proposed conditional use would result in significant adverse impacts ,on the natural environment; The proposed conditional use is .not anticipated to create adverse impacts on the natural environment. COMMENTS The 'applicant, Dreida McNair, has applied for the requested conditional use.in order to allow a family residential home for the developmentally disabled within 1,000 feet of another family residential home for prope~y located at 3001 ~derson Drive. The subject property is located in the RS-4 (Residential, Single-Family - 4 du/acre) Zoning .District. Family residential homes are permitted wit~n the zoning district. When there is an .eXisting family residential home located within 1,000 feet of another family residential home a conditional use is required. . The Character of the area in which the subject property is located is primarily residential in nature. There are two existing residential family homes located Within 1,000 feet .of the proposed facility. The applicant operates ~an unlicenCed family ~reSidential home on. the subject property. Upon applying for a State license and confirming the appropriate zoning for the subject property, it was determined that a conditional use is necessary when another facility is located within 1,000 feet of the subject property, Staff finds that this petition meets the standards of review as set forth 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 County Comprehensive Plan. Staff recommends that you fo~ard this petition to'the Board of County CommissiOners with a recommendation of approval. No special conditions have been recommended. Please contact this office if you have any questions on this matter. Attachment CS cc: Dreida McNair File Suggested motion to recommend approvaVdenial of this requested conditional use. MOTION TO APPROVE: AFTER CONSIDERING THE TESTI-MONY PRESENTED DURING THE PUBLIC HEARING, I.NCL.UDI.NG STAFF COMiMENTS, AND THE STANDARDS OF REVIEW AS . SET FORTH :liN SECTION ~11.10.7.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, ! HEREBY M'OVE THAT THE PLANNI.NG AND .ZONI'NG COMMISSION RECOMMEND THAT THE :ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS G~NT APPROVAL TO THeE A'PPLiCATI'O:N O,F DREIDA MCNAIR (DEBR~H LAGUERRE, AGENT), FOR A CONDITIONAL USE PERMIT TO ALLOW THE O.PERATION OF A FAMI'LY RESIDENTIAL 'HOME WITHIN 1,000 FEET OF ANOTHER FAMILY RESID.ENTIAL .HOME IN THE RS-4 (RESIDENTIAL, SINGLE-FAMILY- 4 DU/ACRE) ZONING DISTRICT: BECAIJSE... [CITE REASON(S) WHY- PLEASE BE SPECIFIC] MOTION .TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PU-BLlC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH tN SECTION 11.07,03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, ! HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE CO'UNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION O'F DREIDA MCNAIR-(DEBRRAH LAGUERRE, AGENT), FOR A CONDITIONAL USE PE.RMIT TO ALLOW THE OPERATION OF A FAMILY RESI-DENTIAL HOME WITHIN. 1,000 FEET OF ANOTHER FAMILY RESIDENTIAL HOME IN THE-' RS-4 (RESIDENTIAL, SINGLE-FAMILY -4 'DU/ACRE) ZONING DISTRICT: BECAUSE... [CITE REASON(S) WHY- PLEASE BE SPECIFIC] 1432-807-0060-000/5 BRYANT ' '70 Section 3.01.03 Zoning Distdcl~ Use Regulations . ° . o ~S-4, Purpose :RESlD.ENTIAL,..S.I:NGLE:,FAMILY - 4 The Purpose of this district is 'to provide, and protect an environment suitable for single-family dwellings at a maximum denSi .ty of four (4)dwelling units per gross acre, together with such other uses as may be:necessaryfor and compatible with Iow density residential surroundings. The number in "0" follOwing each identified use corresponds to the SIC c~de reference described in Section 3.01.,02(B). The number'999 applies to a use:not defined under the SIC code 'but may be further defined in Section 2,00;00-Of this code. Permitted Uses Co Family day care homes. (~J~) Family residential-homes Provided that such homes shall not be 'located within a radius of one thousand (1000)feet of another existing such family residential home and provided that the-sponsoringagency ,or Depa~ment of Health and Rehabilitative Services (HRS) notifies the Board of CoUnty CommisSioners atthe time ofhome occupancy that.the homeis licensed by HRS. Single-family detached dwellings. Lot Size :Requirements Lot size requirements shall be in aCcordance with Section' 7.04.00. Dimensional .Regulations E)imensional requirements shall be 'in accordance 'with Section 7.04.00. Off-street Parking. Requirements- . Off-street parking requirements shall be in .accordance with Section 7.06.00. Conditional Uses a~ b° Family residential homes located within a radius of one thousand (1000) feet of another such family 'residential home. (~J~): Telecommunication towers - subject to the standards of Section 7.10.23 (,~) 7.. Accessory Uses Accessory Uses are .subject to the requirements of Section 8.00.00. Adopted August 1, 1990 107 Revised Through04/15/99 Dreida McNair 3009 Anderson Drive Fort Pierce, FL 34946 561-595-3625 May 28, 1999 St, Lucie County ZOning and Planning Commissions 23 O0 Virgtnia A venue Fort Pierce, FL 34982-5652 Dear Members: Please' be advised.~that l:am.requesting a conditional use approval to open a community residential home within one thousand (1.000)feet of another such home. I am appealing to the Zoning and~Planning Commissions to aincere(v consider the approval .of my application. I have an extensive background in caring for the developmentally challenged, .and I have opened my home graciously to them for the the PaSt.three.years. I can assure you that making a decision in my favor will not place a burden on .the community, but infact, .will make a.great contribution to aocieO~. I have gained the support of my community through a petition, and received a letter of support from my colleague who operates the community residential home located at 3001 Anderson Drive. However, these two residential 'homes located within ~one thousand feet (! 000) of eaqh other will be different types of homes, Ms. Crumbly has an Adult Family Care Home and if given the .opportunity, I'wouM have a Developmental Group Home. I have. dedicated my l~e to caring for those less fortunate than myself, I do hope that you will allow me to continue my l~e :s long endeavor by becoming a licensed home. Thanking you in advance for your time and effort. Dreida McNair cc: Laguerre & Lague~e Associates County Board of Commissioners Files .. LAGU.E,RRE & LAGUERRE ASSOCIATES A Human Resource Consulting Group *Dedicated To Excellence* Dear Com~T~un'ity Members, We are.~presently conducting a petition to license a DeveloPmental Group. Home in your area. However, there is another Residential HOme located within a 1000 feet radius of this one. At this, time, we would like to know if you are in' support of two Community Resid'ential Homes located 'in the same vicinity. Please project how you feel by signing or rejecting this petition. We appreciate your.time and effort in this matter. Thank you for your support. 27~05 Essex Drive 2901 Anderson Drive 2902 Anderson Drive '2903 Anderson Drive 2904 Anderson: 'Drive 2905 Anderson Drive 2906 Anderson Drive 2907 Anderson Drive 2908 Anderson Drive 3001 Anderson 'D,rive 3002 Anderson D~rive 3003 AndersOn Drive 3004 Anderson Drive · 3005 Anderson Drive 3006 Anderson Drive · '3007 Anderson 'Drive 3008 Anderson Drive 3009 Anderson Drive 30t0 Anderson Drive 3101 Anderson Drive 3102 Anderson Drive 3103 Anderson Drive' 3104 Anderson Drive ~105 Anderson Drive 3106 Anderson Drive 3107 Anderson Drive 3108 Anderson Drive 3202 Anderson Drive 2708 Bennett Drive Print Name ~Y 2268 SE Longhorn Avenue * Port St. Lucie, Florida 34952 Telephone (561) 398-0683 Fax (561) 335,3397 a¥o~ S 9~ L AJ. NFIO0 33~IOH033~10 Zoning Dreida McNair Br' ,ant Rood F.P.F.W.M.D. Cana'l N o. '1 Ander.s-on Drive I RF"] CU 99~ ,,,005 Juanita Avenue DriVe [8~~..89 190 1~1 - 192 ! ~39 238 2.37 236 235 t ' Drive 150 15~ 146 N7 148 149 151 145 144 143 I42 141 140. 1:;79 , . . Community Development Geographic InformatiOn Systems Map revised June 22, 1999 While every eft'oft has been made to provide It,,e mos1 cuo'e~ acid acc~'ate Land Use Dreida McNair I-~--I--~-H~i ~,_-~-i_-~-_1 ~!, /,, .-! Bryant Rood I,I I 9 I:~ t Io F.'P.F.W.M.D. Canal No. 1 Anderson Drive Lo ston Juonito. Avenue 189 190 191 192 ~J8 ~.~7 £$6 :8,,'5 Drive 146 147 14.8 14,91 I~o151 i5,2 145 144 143 14~. , 141 140 !..~9 C'U 99-005 ~:'.~ Community Development ~,,~~¢'~ Geographic 'InfOrm at ion Systems · : Map revised June 22, 1999 ~ e~ e#od ~ ~ n~KJe I0 ~ I~ mo~ eun'ent ~d ~x::c~ale AGENDA - PLANNING & ZONING COMMISSION THURSDA Y, JUL Y15, 1999 7:00 P.M. Dreida ~Nair (Debrrah Laguerre, AgenO, has petitioned St. Lucie County 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) ~ning District for the folloWing described property: (Location: 3009 Anderson Drive) Please note that. all proceedings before the Local .Planning Agency are .electronically recorded. If a person ~decides to appeal any decision made by the Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such 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.qf any par~ to the proceeding, individuals testifying during a hearing will be sworn in. Any party, to-theproceeding 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 July 2, 1999. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in .St. Lucie County, on July 2, 1999. File No. CU-99-005 ST. LUCtE COUNTY PLANNING AND ZON1NG COMMISSION ' PUBLIC HEARING AGENDA '~'. JULY 15, 1999 .'.- TO WHOM IT MAY CONCERN: ' . NOTICE is hereby 'given in accordance With SeCtion 1'1,00.03 of .the consider their following request: . 1. ANTHON 'SONS, L.C., fora Change in zoning fr~m 'the CN son Island ReSidential: property: . A Island .in 41 East, St. desci'ibed c laws: ..' . of the way line. of then more Or thence 2.858':8~ more 'or. 122t -1] (LocatiOn...' Isl, U.S. 1.: no o, then ce home t Section! 5, Lots ~13 I.D. hh (Location: 3120 Avenue Q)" · . 4. JOSEPH H. HERNDON, for Preliminary end ~inal opment APproval, 1 du/5 awes)Zoning y residential The nor~ !/5 South,' Range 38 East, less the east 143.0 for. rc~d c~hd canal right-of, way,' also-less-a.·]0 acre parcel 'in the · '~outl~east corner of; the above described tract; 'said I0 acres being more. articularly describ~ as followsi ommencing of the I 1 ~/2 of the ~north ~ Of the along said south lir with "the east line 553.66 north line of' with= the All lying and'"b61ng')in 3214- I il 1 '0004r'000/5). ' (Location:. Southwest corner' of the intersection of: SoU~h Header Canal Road and N.S. LW.M,D. Canal No. 77) " 5. DREIDA MCNAIR, for a Cor~ditional Use Permit to allow a family residential home within 1,000 feet of another such family residential home for the followihg described, t~roperty: . Section 32, TownShip 34'South, Ram:je 40 East,. SheratoflPlaza,.'~ Unit' Four Replat, LOt 302"'(OR ~216-1958)(Tax I.D. N°. 1432-807-0060-000/5]. (Location: 3009 Anderson Drive) .,. · . '6. PIPPIN T'RACToR, ;ora Change in Zoning fro.m.''~he AR:I, iAgricultura,,J,l Residential~.,. 1 du//aCre) ZoningDistrid to theCG ~(Commel;Cidl, General)ii for the following ~esCribed ,property: , ,[~, ..... .,..I ' ' ' ,' · ' il , 'J-i Ail 'that certain tract of parcel 0f la~ lying, being and situated/in Section J j 25, Townstiip 34 South, Range ~39 East~ St. Lucie County, Floridb :and this JJ Commencing at the southwest corner of SeCtiol~ 25, ~ ' Range 39 EaSt; thence North 00°06u18" East, along ~ SeCtion 25, a .-distance of 04 i.. ii · =89:3 39 East, a d~stance way 'line of Ktngs'.Highwa E~ 468.36 feet to a '(Location: East' side of Kings Highway, Luct~.BoUlevard). , PUBLIC HEARINGS wili be held in Room 101, ,Stl Lucte. County Adm!nistration Building, 2300 V!rglnla .AvenUe, FOrt pte~'¢e,' Florida on July. 15, 1999, beginning at 7:00 P.M, or as'.$oon th~reafler as possible.: - . PURSUANT, iTO ~ectlon 286~0105, Ftorlda Statutes,'if.a per~on decides to appeal: any decision' made by a board, agency, or commis.~ slon With respect t° any matter considered at a meeting ~r hearlng,.he will need ~a record of the proceedings,'!and that, for.such pur.l~se, he may'need to.ensure that a verbatim r~cOrd Of-rthe proceedings. Is 'made, which reCord Includes the testimony and evidence upon Which }he appeal is .to be based. .. PLANNING AND ZONING COMMISSION '. ST. LUCIE COUNTY, FLORIDA · I ' ' ' ' ,. Iai /S/ DIANA WESLdsKI, CHAIRMAN' '. ':.':.:. '.. .. Pub,~ July 2,'1999 ' BOCC 2300 ViRG~IA AVENUE FORT P~RCE, FL 34982 ATTN,: PLANING & ZONING Tfl IBUNE STATE OF FLOR/DA COUNTY OF ST.' LUCIE P.O. Box 69 Fo~ Pierce, St, LueieCounty, Florida 349544~369 Before the undersized authority personallY appeared Maureen Saltzer- Gawel, or Cathi Revels, Who on oath says that. he/she is publisher, classified manager of The Tribune, 'a daily 'newspaper published at Fort Pierce in' St. Lucie attached copy of the advertisement, being a in the matter of siX reques~ will' be. considered by the Planning and Zoning Commission on july 15, 1999, etc. was published in said newspaper in the'isSues of July 2, 1999 Affiant further says that The Tribune is a newspaper pubIished at Fort.Pierce, in said St. Lueie County, Florida, and that the said newspaper has heretofo~ be~n-eonfinuous!ypublishedin St. Lueie County, FlOrida, each day mud has ~n entered as .second class mail .matter'at the post office :in Fort Pierce, in said St. Lade County, the attached copy of advertisement: and affiant 'further says ~ any person, t'trm or corporation any'discount, rebate, commission or refu adVertisement[Or publication in the said newspaper. : me July 2, 1999 ,..~.~, - .... .. :.....,.~.,., .:.=.,;..,~,..~,..:~ ..- ~ ~ Notary Public No. 2309 ST. LUCIE COUNTY PLANNING .AND ZONING COMMISSION PUBUC HEARING AGENDA JULY 15, 1999 TO WHOM IT MAY CONCERN: NOTICE is hereby given in accord~-nce with Section' 11.00.03 of the SI. Lucie County Land ~Development Code and the~provisions of the St. Lucie County Comprehensive Plan, the foltDwing applicants have.requested that'the St. Lucie County Planning and Zoning Commission consider their following ' re_quest: 1. "-ANTHONY COSCIA &.SONS, LC.. for a Change in Zoning :..from the CN (Commercial, Neighborhood] Zoning "District to the HIRD (Hutchinson lsland..Residential District) ... Zoning District for the following described properly: ,. A PARCEL OF LAND 'LOCATED ON !HUT~INSON ISLAND IN .. SECtiON 34, TOWNSHIP 36 SOIJTH. RANGE 41 EAST, ST, LUClE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED '.i B~N AT A POINT OF INTERSECTION OF THE NOR~ UNE" .OF THE ~ 2577,~ FEET OF THE NORTH.=~ 2858.86'FEET OF SAID SECTION 34 AND THE WESTERLY RIGHf~*WAY UNE OF SR A1A; THENCE RUN SOIJTH 20 i:DEG 23 MIN 08 SEC EAST ALONG ~D WESTERLY RIGHT-OF-WAY UNE A DISTANCE OF . .440,~ FEET, TO A ~INI'; THEN~ RUN NORIH.~ 72 DEC 24 MIN 10 SEC WEST 'TESS'TO THE "dNE A ,NORTH UNE OF -2858,! ~EG · 35/34~ (OR 1221-1734) [TAX i.D. NO. ;.3.,~44 ~ ~-0004.000/8L {Location: West side of Soulh SR A-I-~ directly ,. 2. CROCE GIAMBANCO, for a Change in Zoning from the CG (Commercial, General] Zoning District to the i (Institutional] Zoning District for the following described properly: SECTION 6, TOWNSHIP 34 SOUTH, RANGE 40 EAST, THAT 'PART OF' THE SOUTH 1/2 OF THE NORTHWEST 1/40~ 'THE NORTHEAST t/4 LYING: WEST OF U.S. 1 AND ~ OF THE TURNPIKE FEEDER ROAD; BEGIN AT THE INIE~ OF 'THE -'.WEST RIGHT-OF-WAY OF U.$,1 .AND ~E:~ UNE OF THE ~ 1/2. OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 THENCE RUN WEST ALONG 1HE ~ UNE 220.60 FEET TO THE EAS~RLY RIGHT-OF-WAY .OF TURNPIKE FEEDER ROAD; THENCE NORTHERLY ALONG THE RIGHT~,WAY 31'7i20 FEET; THENCE TURN 90 DEC AND,r RUN~ 62 DEC'36 MIN 04 SEC FAST 97.75 FEET TO THE WESTERLY RiGHf. OF.WAYOF .U.S. 1; THENCE sOUTHERLY ALONG THE RIGHT,OF.WAY · 245.90 FEET: TO THE ~INT OF BEGINNING. (OR 1150-614] ){TAX I.D,1406-124-0002~/4]. [ ,.-~: ..................... . .................................. 5% DREIDA MCNAIR, for o Conditional Use Permit to allow a ~": family, residential home wtthin 1,000 feet of another such e~ family residential home for the following described ,.-,. properh/: ~.~,.~ SEC~ 32, TOWNSHIP 34 SOUTH, RANGE 40 EAST, SHERATON PLAZA, UNIT FOUR REPLAT, LOT 302 (OR 216-1958) (TAX I.D. NO. 1432-807-0060-000/5). [Location: 3009 Ancle~on D~e] .~.PIPPIN 1RACTOR, for a Change in Zoning from the AR-l·· (Agricultural, Residential - 1 du/acre) Zoning District to the , -CC (Commercial, General] for the following described properly: · ALL THAT CERTAIN TRACT OF PARCEl: OF ~.LAND LYING, BEING AND SITUATED IN SEC11ON 25, TOWNSHIP.. 34 SOIJTH, RANGE 39 EAST, ST. LUCIE COUNTY FLORIDA AND THIS TRACT 'BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: .. COMMENCING AT THE SOUTHWEST CORNER OF SECTION 25, TOWNSHIP 34 SOUTH. RANGE 39 EAST; THENCE NORTH 00° 06'48" EASL ALONG THE WEST UNE OF SAID SECTION 25, ~, DISTANCE OF 2 ~655:28 FEET TO A POINT; THENCE ~ NORTH ~9° 43'39" FAST, A DISTANcE'OF 7'0.98 FEET TO A POINT IN THE EAST RIGHT-OF-WAY UNE OF KINGS HIGHWAY;-THENCE' NORTH 00° 01"15' EAST, 30.00 FEET ALONG THE EAST RIGHT~-WAY OF SAID KINGS HIGHWAY, AND THE POINT OF FROH Culpepper&Terpen£ng 561464949? I)7-14-99 t)1: 35P!I TO 45Z1735 ~13 P. 1/1 INC. Consulting Engineers ® .Land Su~eyors 2980 South 25th 6treet · FL PletC~, FL 34981 - P.O. Box 13360 · FL Pierce, FL 3497tt-3:~0 (561) 464-3537 ° Fax (561) 464-9497 ~uly 14, 1999 Sob No. 99-18 VIA FAX TO:462-17~$ Mr. Hank Flores .St. Lucie County :Community Development Department 2300 Virginia Avcnu~ Fort Pierce, FL 34982 RE: Herndon Estates' P.U.D. P.U.D. Approval Dear Mr. Flores: As we discussed during our telephone conversation today, we would like to postpone the petition of Joseph E. Herndon for P.U.D. approval from the July 15, 1999 Planning and Zoning Commission Me, ting to the next scheduled meeting. Due .to some pending wetland issues, we amicipat¢ modifications to our Conceptual Development Plan. If you have any questions or comments, please, feel free to call me. Sincerely, CULPEPPER & TERPENiNG, INc. Eric Z¢iss, PE Project Manager Enclosures CC' $oe Herndon w/Enclosures Doug Oonano w/Enclosures PLANN~G ~ ZONING COMMISSION REVIEW:. 07/15/99_ File Number RZ-99-013 M E M O R.A. N D ,U M TO: Planning ~d Zoning'Co~ission FROM: DATE: July 6, I999 SUBJECT': LOCATION: Application of Joseph E. :Herndon, for Preliminary Plied Unit Development approVal for the-Project to be Known as Hemdon Estates - P~, and for aChange:in Zoning from the AG-5 (Agricul~al ' 1 du/5 acres) ~ffing District to the P~ (Plied Unit Development - Hemdon Estates) zoning 'District, Southwest comer of the intersection of South Header Canal Road and N.S.L.W.M.D. Canal No. 77. E~STINGi ZONING: AG-5 (Agricultural - 1' dW5 acres) PUD (Planned Unit Development - Hemdon Estates) FUTU~ L~D USE: AG,5 (AgriCultural- 5) PARCEL SIZE: 25,09 acres PROPOSED USE: SU~OUNDING ZONING: Four single-family lots and 1 co~on use tract AG-5 (Agficult~al - 1 du/5 'acres) to' the south, east, and west. AG'2.5 (Agricultural- 1 dW2.5 acres) SURROUNDING LAND USES: AG-2.5 (Agricul~al - 2.5) to the north. AG-5 (Agricultural - 5) to the south, east, and west. FI~/EMS PROTECTION: Station # 11 (Shinn Road) is located approximately 2 miles to the west. UTILIYY SERVIC Water and sewer service will be provided by on-site well and septic systems. July 15, 1999 Page 2 Petition: Hemdon Estates - PUD File No:-RZ-99-013 TRAN S PO RTATI O N iMPACTS RIGHT.OF-WAY ADEQUACY: The. existing fight-of-Way for South Header Canal ~Road is feet, IMPROVEMENTS: TYPE OF CONCU~NCY .DOCUMENT ~QUI~D: None .at this time. ~Certificate of Capacity STUD--S OF ~VIEW AS SET FORTH IN SECTION 11.06.03~ ST. LUCiE COUNTY L~D DEVELOPMENT CODE In reviewing this application for propoSed reZoning, the Planning and Zoning Commission shall consider and~make the folloWing determinations: le Whether the proposed rezoning is in conffict with any appHcab!e portions of the St. Lucie County Land Development Code; The proposed rezoning is.not in conflict with the St. LUcie County Land DeveloPment Code. The application for Preliminary Planned Unit DeVelopment approval has been reviewed for consistency with the provisions of the St. Lucie County Land Development Code and has been ~determined to meet all applicable standards of review. 2~ Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; 3~ The applicant has demonstrated that the proposed amendment would be consistent with all elements of St; Lucie ~County COmprehensiVe Plan. This change in zo~ng will, for:example, allOw the applicant to develop the subject.property in a manner that encourages innovative use of land. AlthoUgh individual lots are approximately 2 acres, the overall project density is 1 du/6.25 acres. Policy 1.1.2.1 encourages PUD's of this type. Whether and the extent to whiCh the proposed ,zoning is inconsistent with the existing and :propoSed land uses; July 15, t 999 page 3 Petition: Hemdon Estates -.PUD File No: ~-99-013 Se¸ e ® ge The proposed change in zoning and the .accompanying Preliminary Planned Unit site pl~ have been~determined to be consistent with the general land uses .area. The~Future Land Use Maps of the St. Lucie County C ivePlan ~_dicate that the Petitioned property is suitable for development at adensi~ of'up to I dwelling ~its per 5 gross :acres. The proposed development indicates, a gross density .of 1 unit per 6.25 acres. conditions.that reqmre an amendm nt, Whether there have been changed . e -. There are no changeS that would require an ~amendment. Whether and the extent to ~Which' the proposed amendment would-result in demands on. pUblic facilities, and Whether ~or to .the extent to which the proposed amendment would exceed the capacity of such pUblic facilities, including but not limited to transportation facilities, sewage facilities, water d.rainage, schools, solid waste, mass transit, Development'ofthe proposed site plan, which is tied: to this rezoning, is not expected to create additional demands ~on any public facilities in this area. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; ~e proposed am is not anticipated to create adverse impacts on the natural environment. The applicant through the P~ (Planned Unit Development) process, h~ proposed a development plan that provides for the protection of enVironmentally sensitive areas. The applicant will need to obtain all permits relating to enviromental impacts on the site prior to.any construction taking place. 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; The proposed zoning designation Would result in an Orderly and logical development pattern. The development is located in an area of active agriCultural production. There is-also a subdivision located to the north of the subject property. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and.intent of this Code; July 15, 1999 Page 4 Petition': Hemdon Estates- P~ File No: RZ-99-013 The propos.ed :amen~ent would notbe 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 flexibility, sUCh as in thus able' conventional Comprehensive PI~. ' reSidential subdivision to be Lots and 1 common use 'area. As s required dwe!ling rots. The. developer is ~cts on the property to a ~eater de~ee than with more : ~an overall density less than that allowed by the Section 7.01~03(I) of.~e St, Lucie CounW Land :Development Code requires that 35% (8.8 acres) of the.site.must consist of co~on :open space. The planned development maintains 58,6% (14,71) acres of the Project area in co~on open space (Tract A). Staff has :dete~~ed that the proposed zoning designation and the Pre.nary Plied Unit DeVelopment site Pl' ..~ is compatible with the existing and proposed uses in the area. This petition meets the standards 'of review :as set forth in. Section 11.06,'03 of 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 recommends that you fo~ard this petition to the. Board of ~County Co~iSsioners with a recommendation of approval, subject to the following condition: Only .'those uses which are identified as permitted in Section 3.00.01(C)(2), (AG-5 - Agricultur~al - 1 du/5 acres -.St. Lucie County Land Development Code) shall be authorized within the area of the Planned U~t Development. Please contact this office if you have any questions on this matter. Attachment hf cc; File Suggested motion to recommend approvaVdenial of this requested preliminary planned unit MOTION TO APPROVE:' AFTER CONS~E THE TEST~ONY P~SENTED DURING THE.P~LIC HEARING, ~CLUDD~G~ST~F COMM S, THE S ~S OF ~V~:'W AS 'SET'FORTH . IN SECTION 11.0.6.03, ST. IE CO~TY LAND DEVELOPMENT CODE:, I H Y MOVE THAT THE P ZONING COMMISSION ~CO~ND THAT THE ST. LUCIE CO~UNTY BO~ 'OF C TY COMMISSIO~RS 'GRANT APPROVAL TO 'THE ~PLICATION OF JOSEPH E. HE.DON, 'FOR P~LIM1NARY PLANNED UNIT DEVELOPMENT APPROV~ FOR THE ~PRO~CT TO BE KNO~ AS HE~ON ESTATES -PI_~, ~ FOR-A. CH~GE ~ ZONING FROM THE AG-5 (AGRIC~TURAL - 1 DU/5 AC~S) Z G DISTRICT TO T~ P~ (PLANNED ~T DEVELOPMENT - HE~ON ESTATES) Z G DISTRICT,' BECAUSE ....... [CITE ~ASON ~Y- PLEASE BE SPECIFIC]. MOTION TO DENY: ~TER :CONSDERD, iG THE 'TEs O~ P~SENTED D~G THE P~LIC HE--G, INCLUDING S , THE S ~S OF REVIEW AS SET FORTH iN 'SECTION 11.06,03, ST. LUC~ CO L~ DEVELOPMENT :CODE, I HEREBY MOVE THAT ~THE.PL ~ ZO~G COMMISSION ~COMMEND THAT THE ST. LUCIE COUNTY BO~ OF CO~Y COMMISSIONERS DENY THE ~PLICATION OF JOSEPH E. HE.DON, FOR P PL~D ~UNIT DEVELOPMENT .APPROV~ FOR THE'PRO.CT TO BE ~OWN AS 'HE ~RNDON ESTATES - PUD, AND FOR A CH~ ' GE IN ZO~G FROM THE AG-5 (AGRiC~TURAL - 1 DU/5 ACRES) ZO~G DIST~CT TO THE PUD (PLANNED ~T DEVELOPMENT - HERNDON ESTATES) ZO~G DISTRICT, BECAUSE ........ [CITE ~ASON WHY- PLEASE BE SPECIFIC]. · CH_ApTER Vii DEVELOPMENT DESIGN AND IMPROVEMENT 7.00.00 GENERAL PROVISIONS 7.oo.ol PURPOSE The purpose of this 'Chapter is to provide:development :design and improvement standards applicable to development acti¥ity in the Unincorporated area of the County. 7,01.00 PLANNED-UNIT-DEVELOPMENT 7.01'01 PURPOSE The Planned UnitDevelo q~ creativity in deSign options that: A. permit ~creative approaches to the deVelopment of residential land reflecting changes in the' technology of'land development; B. allow fOr:the efficient use of land, which can result in smaller networks of utilities and streets and thereby/ower develOpment costs; C. allow design options that encourage ~an environment of stable.character, compatible with surrounding land uses; and D. through the preservation.of natural features, the provision of underground and the Provision of recreation areas and open space. 7.01.02 AUTHORIZED ,USES A. PERMITTED USES Any p AgricUltural-5 Estate-2 Res 5 (RMH-5); I Multiple-Family-11 may be permitted densities described in in the Agricultuml-l.(AG-1 ); Agricultural*2.5 (AG-2.5); lAG-1 ); AgricultUral-2,5 (AG,2,5); , Estate-1 E-I ~ Residential. (RS-3); idential, this Code complying Adopted August 1, 1'990 375 Revised Through 04/15/99 Section 7.01.00 Planned Unit Development Bo NONRESIDENTIAL DEVELO.PMENT USES Uses of the types permitted: in the Commercial, Neighborhood (CN) District are also permitted-up to an amount not to ' playgrounds, public and non-public parks, golf courses, t stables, marinas, clubhouses, and lodges .may 7.01'03 STANDARDS AND iREQUIREMENTS · Standards :and requirements for a Planned Unit Development shall be'as follows: A. MINIMUM SIZE A Planned Unit Development shall be a minimum of five(5)contiguous acres of land under cOmmon ownership~ or control.. B. DENSITY D. Island, the provisions of Section 3.'01.03(AA)(8)shall~govern. Area, yard develo · 4.01,00, H ~ rlsland ' PUBLIC FACILITIES i~ements shall .be determined at-the time of Preliminary and Final e×cept that for any structure 'on NOrth or South Hutchinson Island that has not received a ~building rpermit' site plan or other County 1995 the requirements of Section ¸1. The Pla. nned Unit :Development shall .be designed .and located so there Will be no net public cost for~the provision ofwater lineS, .sewage lines, storm and surface drainage systems, and other utility systems. ,, The minimum size of all ~ter mains used, or intended for use, in fire .protection activities is six (6-) inches. ACtual water main requirements will be determined by the St. Lucie County-- Ft. Pierce Fire'~Prevention Bureau. . The minimum .size of all water mains used, or intended for use, in fire Protection activities, that are located on a dead-end water main is eight (8")incheS. Actual. Water main requirements will be determined bythe St. Lucie County-Ft. Pierce Fire Prevention Bureau. The maximum .numb:er of fire hydrants rthat may be. located on any dead end water .main is one (1). Adopted August 1, 1990 376 Revised Through 04/15/99 Section 7.01.00 Planned Unit Development .. Fire hydrants-shall'be provided at a minimum spacing ,of one every'six hundred (600) feet unless °the~ise approved by the 'St. Lucie County-Ft.: Pierce Fire :PreVentiOn Bureau. TRAFFIC-AND PEDESTRIAN CIRCULATION o . Every. dwelling: unit, or other use permitted, in 'the Planned Unit Development shall have .access .to a ~public street either directly or through an approved private .road, a pedestrian way, or other area dedicated: to public or private use, Principal vehicular access points shall be designed to ,permit smooth traffic flow with controlled turning movement and minimum hazards to vehicular or pedestrian tra~c. Minor streets within the Planned Unit DeveloPmentS'hall not be connected to streets outside the develOpment so as,to: enCOurage their Use by through traffic. The proposed Planned ~Unit DeveloPment shall be designed so that it will not create traffic congestiOn on the aderial and collector roads surrounding'the project, or such surrounding :collector or arterial roads shall be,improved so that they will not be adversely affected. ¸. All non-residential land uses,within the Planned Unit Development shall ':have direct access to a collector or arterial street Without creating traffic hazards or~ congestion-on any street. ,, Streets in a Planned Unit,Development may be dedicated to public, use or retained un:der private ownership. Said :streets and associated improvements shall-comply with all pertinent Coun~ regUlations: 'and ordinances, however, -variations to. the standard minimum right-of- way widths may be considered aspa~ of the Planned Unit Development if it is shown to the satisfaction of the Board of Coun~ Commissioners, that the requested variation is consistent With the intentof the Count's roadway construction standards.and necessaryfor the. design of. the Planned-Unit Development. 6~ All roadS and streets shall intersect at an approximate _+5° angle of ninety .degrees (90°) unless circumstances a~eptable to St. Lucie County indicate a need for a lesser angle of intersection. . Street jogs or centerline offsets between any local street 'or road with another, local street or road, shall be no lesS than one ,hundred fifty feet (150). . The intersection.of any two loCal roads or streets with a~Major Collector or Arterial RoadWay shall be-separated by a minimum distance of six hundred siXty feet (660), as measured from centerline to centerline. . Permanent dead-end streets shall not exceed one thousand feet (1000) in length. Cul.de-sacs all dead end roads or streets greater than five hundred, and one (50! The length of a dead-end street shall be measured along the centerline of' the street from the its: point of :perpendicular intersection with the centerline of intersecting street to the end of the dead'end street:or roadway. Ali' cul-de-sacs shall have:a minimum right-ofway diameter of one hundred (100)feet. lfthe dead end rOadway is five hundred (500) feet or less in length, a "Y" or "T" type of turn Adopted August 1, 1990 377 Revised Through 04/15/99 Section 7.01.00 Planned Unit Development around .may be approved. Ifa.dead end street is temporary in nature then a temporary cul-de-sac shall be required until the roadway is connected to another street-or road. Fo through the review of 'the: Planned-'Unit Development, All roadways, exc!usive of interior parking and access aisles areas, regardless of ownership, shall :be Ioc~ted a minimum of ten' (10) feet ~from any exterior building walls, except for security gate.hOuseS or similar security structures located in a private street or road right-Of- way. 11. Any pedestrian .cimulation system and ,its related wal~ays shall be 'insulated from the vehicular street ~system. ThiS .Shal/inClude, when deemed to-be-necessary by the BOard of .Coun~ C iss pedestrian'Underpasses or:overpasses in the vicini~ ofplaygmunds and' other areas, areas, and other neighborhood uses whiCh -traffic. 12. Access points.on.all collector,or artedal streets serving-a Planned Unit Development shall be located and spaced so that traffic moving into and 'out of the arterial streets do not cause traffic congestion. ' PARKING AND LOADING 1. General 'Provisions ac The number, ~pe, ~and location of parking spaces shall be. determined at the time of final'Planned ;~ the number of sp~ .06:01(F) of this Code. The number of parkin section on substantial te for the proposed use or may be shared by i~ -operate al: different times Or on different.days. bo Reserved parking spaces may be proVided' in lieu of paved spaces, subject to Section 7.06.02(C) of this Code. 2. Off Street Parking and Loading. Off-street parking and loading requirements are governed by Sections 7.06.02 and 7.06.03 of ~his Code, and the following .standards: Off-street .pa:rking and loading areas shall, be designed to provide travelways between adjacent Uses While discOuraging through traffic. Adopted August 1, 1990 378 Revised Through 04/15/99 .Section 7.01.00 Planned Unit Development bo Off'street parking and loading areas shall be screened from adjacent roads and pedestrian walkways with hedges, dense planting, or changes in grades or walls. On Street Parking Development St, Lu shall on.street parking may be used so long as the road 'on which lieS' entirely within the limits of the defined :Planned Unit .other provision, of this Code or the ~and loading is used, it following design standards: ao The minimum size of a parking stall shall be as follows: parallel angled handicaPped(parallel) handicapPed(angled) 8 feet X 23 feet .10 feet X 18 feet 12feet X 23 feet 12 feet X 18 feet Handicapped parking, spaces .shall be appropriately marked. C. Access for~emergenCy fire vehicles Shall be in accordance 'with NFPA standards. d. O. H~ LIGHTING All ~lighting facilities shall be :arranged .in such a manner so as to prevent direct glare or hazardous interference~of.~any kind to adjoining streets or properties. .LANDSCAPING AND 'NATURAL FEATURES .1. Native. trees and vegetation and other natural features shall be preserved to the extent practicable. ¸. . All sensitive environmental .vegetation, trees and areas shall be preserved to the extent .practicable. Landscaping f°r off-street parking and loading areas shall meet the minimum reqUirements of SectiOn 7,09:00. OPEN SPACE STANDARDS . A minimum of thirty-five (35).percent of:the gross: area of land to be committed to a Planned Unit .Development mUst be for use as common open space, which may include, parks, .recreation areas, bicycle and'pedestrian .paths .and facilities, marinas', swimming beaches, common open space, common landscaping and . planting .areas, or other areas of public purposes or use other than street, road or drainage rightS-of-way, above ground utilities, Adopted August 1, 1990 379 Revised Through 04/15/99 Section 7.01,00 Planned Unit DevelOpment excluding ~stormwater treatment facilities, and parking areas. A' minimum prese~ed':in F~ pement of any existing native upland .habitat on the property, must be uml conditiOn:as part of the required:35 percent common open~ space, pmse~ed native habitat above the required minimum ~15 pement that is credit shall be given ara rate of 150 percentper acre ~towards ~space requirement. All areas to be, dedi~.~ t:ed for co-mmon open space shall be identified, as part of the J. Ko ac The adVance.dedication of all common, open space to a'.public, or acceptable Private, agency that will, ,.upon acceptance, agree to maintain the common open space and any :bUildings, structures or improvements that' haVe been placed on it: /~JI such ent ;or, A phased conveyance ofthe land to a public or acceptabie'private~agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or. improvements th=at.have been placed on it. The schedule for the phaSed-conveyance of any such lands to be used for common open' space shall be a specific condition of approval for the Planned Unit Development. . No pamel of land identified for use as a park or common open space shall be less than one (1) contiguous acre, and all Such areas shall be physically part of the Planned Unit Devel- opment. .- . req reserved to meet any other environmental preservation or protection or other lawful regulatory authori~ may be counted towards the provided that the common open space meetS.the Code. SETBACKS FROM AGRICULTURAL LAND Planned Unit Developments adjacent to land used for agricultural purposes, or designated for use on the' Future-Land Use Map of the St. Lucie County Comprehensive Plan, shall ~lricultUral land sUfficient to protect the function and operation of those m the encroachment of Urban activities or uses. PHASING A Planned 'Unit Development may .be developed in more than one stage or phase. Adopted August 1,'1990 3'80 Revised Through 04/15/99 ,, Section 7.01.00 Planned Unit Development If a Final .Development Site Plan approved by the .Board of COunty Commissioners is to be d or phaSes, each successive phase shall be constructed .and developed in a re ntinuous fashion, No more than two (2) years shall elapse between the requ are ao 'b. C. the Board of County Commiss.i~oners. Unless of County CommissiOners through the Final Development thefollowing sequence of development :must be adhered to: One or more major recreation facilities and .other major amenities, planned to serve. the entire development, shall be completed or adequate security posted Prior to the issuance of building or mobile home permits of more than forty (40)percent, or other percentage as determined'by.the Board to be appropriate based on circumstances that include the size: of the project and the proposed phasing schedule, of the total number of authorized dwelling units. Recreation facilities or facilities and other amenities planned to serve one (1)' phase of a multi-phased development shall be completed, or appropriate security posted' .prior to issuance of .building or-mobile home permits or the recOrding of any final plat within that phase. No commercial-facility shall be permitted prior to the completion of at least:forty (40) percent of the t0tal number of authorized dwelling units; and, For ~Pl-anned Unit Developments to be constructed in stages .or phases, the net densi~ of an individual stage or phase may ~va~ frOm the approved .Final Site Plan subject to the requirementS ~in Section 11.02.05. Adopted August 1, 1990 381 Revised Through 04/15/99 CZ ~) C) ! C~) N. $ Ir[ J. ~NnO0 33~0H033),10 Joseph E. Herndon Zoning RZ Communi~ DevelOpment GeOgraphiC Information Systems Map revised May 20' 1999 N Jos.eph E. Hernd~on 3 AG -5 AG-5 Community Development Geographic Information Systems Map reVised May 20,1999 ...... AGENDA - PLANNING & ZONING COMMISSION THURSDA Y, JUL Y 15, 1999 7:00 P.M. Joseph E. Herndon, has petitioned St. Lucie County for a Preliminapy Planned Unit and a Change in Zoning from the AG-5 (Agricultural- 1 du/5 acres). Zoning (Planned Unit Development - Herndon Estates) Zoning District for the following property: (£ocation: Southwest corner of the intersection of South Header Canal Road and N.S.L. W.M.D. Canal No. 77) Please note that all proceedings before the Local Planning. Agency are .electronically ifa person' decides to appeal any decision made by the Local Planning Agency with to any. matter considered at .such meeting or hearing; he will need a record of the and that, for such purposes, he 'may need to ensure that a verbatim record of the made, which record includes the testimony and evidence upon which the appeal is Upon. the request of anyparty to theproceeding, individuals testifying during a hearing vworn in,' Anypar~ to theProceeding will be granted an opportuni~ to cross, examine any testifying:during a hearing upon request..:Written comments received in advance of the hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners 1999. Legal notice was. published in the Port St. Lucie News and The Tribune, newspapers eral circulation in St. Lucie County, on July 2, 1999. File No. RZ-99-013 lNG COMMISSION NDA .00;03 of .the the St. leaf,the soUth 2577,66 AC) [Map 35/34NX) A-l-A, diredly across from the Regency ,'C; Zonir~. ,from'the the l (IhStitutional)'Zoning Di~trid for ·124~0002.000/4)i ~way No. 1) i 'a :family f. eet of another such family residentiC~l anned Unit Devel- 1 also 'tess'a I ) }eet west 4, Township 36 South, Range 38 ngof i Ist ~A; thence thence North nt that is 110.50 run. South 89~54:02'' ; 786.37 feet to the Point County, Florida. JTax · intersection of' South Header Canal 77) 3nal Use Permit to allow a family of another such family residential ~roperty: Range 40 East, Sheraton Pla~a, Unit 21'6-t 9158) (Tax I.D. No. .. :. for All - 25, Range 8~ wa al July= 15, 1 sion with wlli need be held in ROom 1.01, ~St~ Lucle Count~ Fort .Pierce, Florida. 0N ~ th6~'eafler as .posslble.'. Florida Statutes, if'a person or c~nmls-. hearing, he ls'~to be .based. PLANNING AND ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA /S/'DIANA WESLOSKI, CHAIRMAN- Pub.~ July 2, 1999 ,ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBUC HEARING AGENDA JULY 15, 1999 & ZON~G 'MENT o BUNE Florida 349~9 TO WH°M IT MAY CONCERN: NOTICE is hereby given in accordance-with Section 11.00.03 of the St. Lucie County Land Development Code and the provisions of the St. Lucie County Comprehensive Plan, the following applicants have requested that the St. Lucie COunty Planning and Zoning Commission consider their following re.quest: 1. -ANiHONY.COSCIA & SONS, LC., for a Change in Zoning ;.from the CN (Commercial, Neighborhood]Zoning ', District 1o the HIRD (Hutchinson Island Residential District] · ZOning Districl for lhe following described properly: A PARCEL OF LAND LOCATED-ONHUTCHINSON ISLAND IN .. SECTION 34, TOWNSHIP 36-SOUTH, RANGE 41 EAST, ST. LUCIE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED ' BEGIN AT A POINT OF INTERSECTION OF THE NORTH UNE ~ THE SOUTH 2577.66 FEET OF THE NORTH 2858.86 FEET OF SAID SECTION 34 AND THE'WESTERLY RIGHT~-WAY UNE OF SR AI A; THENCE RUN SOUTH 20 DEG 23 MIN 08 SEC EAST ALONG SAID WESTERLY RIGHT,OF-WAY UNE A DISTANCE OF 440.00 FEET, TO A .POINT; THENCE RUN NORTH 72 ~ 24 MIN 10 SEC WEST A 'LESS'TO THE ~RLY MEAN HIGH WATER UNE OF-THE -RIVER; THENCE NORTHERLY ALONG SAID MEAN:t 1.1NE A DISTANCE OF 21E ,NORTH UNE OF THE SOUTH 2577.66 that he/she is publisher, classified in St. Lucie a by the Planning and the issues of July 2, 1999 in said St. Lucie County, ~odda, , each day Pierce, in. said St. rebate, :said newspaper, 99 .35134N~ (OR 1221-1734) (TAX i.D. NO. 3534-111-(XX)~-(XX)/e). West side of South SR A-1 ..A, dlreclly across from ~ Regency island' Dunes, Phase 2) 2. CROCE GIAMBANCO, for a Change in Zoning from the CG [COmmercial, General) Zoning District to the I (institutional] Zoning District for the following described properly: SECTION 6, TOWNSHIP 34 SOUTH, RANC~ 40 EAST, THAT THE SOtJTH 1/2 OF THE NORTHWEST AND FEET~ 1 04 SEC ;245. [Location: 6609 Norlh U.S. Highway No, 1 ) 3. ' MARLENE HADDEN, for a Conditional Use Permit to allow a family residential hOme within 1,000 feet of another sucl~ . family residential home for the following described property: SECTION 5, TOWNSHIP 35 SOUTH, ,RANGE 40 EAST, SUNRISE PARK NO. 1, BLOCK 5, LOTS 13 AND 14, LESS THE SOUTH 10 FEET ~.31 AC] [OR 1219-2857] (TAX I.D. NO .2..405-501-0104-000/6). · -' [Location: 3120 Avenuo Q] -~: JOSEPH E.r HERNDON, for Preliminary and Final rplanne¢ '-' Unit Development Approval, and a Change in Zonin(. · "' from the AG-5 [Agricultural - 1 dUI5 acres]' ·Zonin(. - District to the PUD [Planned Unit Development - J-lerndol Estates] zonin~ District for the follOwing'describe( ~: property: .; THE NORTH ',~ OF THE NORTH ',~ OF mE NO.Rm~ It i'.~ SECTION 14, ToWNsHIP 36 SOUTH, RANGE 38 EAST, LES ~HE EAST 143.00 FEET AND THE NORTH 50.50 FEET FOR RO~ · ~.. D CANAL RIGHT4:)I:,WAY, AlSO LESS A 10 ACRE PARCE~C}.II :J HE SOUTHEAST CORNER OF THE ABOVE DESCRIBED TRA "SAID 10 ACRES BEING MORE PARTICULARLY DESCRIBED A .-FOLLOWS: .~. COMMENCING AT fl I::~C)I~ TMAT I.q ~.,~O F[~t' ,q("N rrm MEMORAN'DU M DI~PARi:I~IE~,r OF { i:O'MIVl UNITY DIgVELOP~.' '~.NT tjra.fi Ordlnanct: 994)17 - '.P~Jfion of" J~cquel~nv E... 'V~c:b. ~meudmg the St, Lucre w(mId cl~Afy fl~c defi~fio, u ofc,ommon areas ~ 7.10.16(~(1)(A)(!.(c), !o cl~,~ ~at ~~on os~ ~~ shouM ~r to pubic or pfi.~ p~, Kc~~ lots ~~ RV P;~k.s ~ co~id~ to bc z~' loi line lo~ ~ s~tbacks for w~ch ~e ~iac mt ~ ~o~on"~c ~ ~at ~, 'ufiii~d ~ ~~m~ ~~s, ~he ~etb~k ~om peAes~~, a~e~s is a mimmum of 5 lc% rcg~l~s of wh~h~ ~ a~css is lo~l~ on a~ lc~ or r~gardl~ss ol"~he:~ c~ ~': gl~ is a. p~s~~ ac~v~$ a, djac~t ia lh~ lot The paifion~r believes · that fl~e ~~nt ~~~o~ :of tl'~ .LDC ~ not ~ow o~~¢ of lots in ~ Ne~l~ lsl~d d~v~iopm~nt to ~y utilize ~ sp~e ofth~ir r~ifi~tio~. ~t '~ p~poa~d ~b~ge ~11. t~ve on th~ ~nt~ county ~d not i'o ~.u~t eno to~ahon, Wlfil~ fi~s u:s~ ~¥ b~ app~pfi~ for ~ N~I~a I$1~ d~'cl°~~t~ it. ntay' ~Ot h~ ~v ~oamo u~ a~ :be~~n lots..'[~refore, th~ a~~~t to ~c LDC ~gula~ons directly affect the re~d~t~ of Nettles IslmM,. ± 2 3 4 $ 6 7 9 !0 tt 12 i3 14 16 17 18 19 20 21 22 23 2R 25 29 30 31 32 33 34 35 36 37 38 3,9 %0 41 42 43 45 ~6 47 .4.8 5O 5t 52 the rear yard * Not~: The front yard. metback for special situation lots shall be five feet. special sit~ation lots include those lots .in which the longest property found along the street frontage.. For lots with double street frontage, the front yard Shall be iduntified on the approved site plan of the particular Recreational Vehicle Park, which shall be kept on file with the Community Development Department. The front yard for a block of double frontage shall be consistent the length of that block. Double frontage lots are not e].igible for special situation consideration or designation. Any deviation or change to the front yard designation that does not include the adjustment of the entire block shall only be approved by the Board of Adjustment in accordance with Section 10.01.00. In all recreational vehicle parks created after August 1~ 1990~ including the expansion o~ any existing recreational vehicle park. (a) front yard (b) side yard twenty {20) feet ten. ( 1 0 ) f e e t ~i-~ lef~ sid~ and zero recorded lot 1 ~n~ "(i'~).~foot left side Draft for ~et~tzon 0 0 0 5 6 7 8 9 10 14 1.5 t. 6 17 1.8 !9 21 22 23 26 2 7 28 29 3O 31 32 33 34 35', 36 37 ,4t 43 45 47 5O PARA~~PH$ 3 T~ROUG~ 9 -.- NO CHAN~E 7.10.00 SUPPLEMENTAL STANDARDS 7.10,16 PER~4ITTED SPECIFt~C USE~'. ~!_ONS' .Any Recreational Vehicle Park, occupying more than. ten (10). acres ~ unless located on' North. or ~outh~ Hutchinson island where there shall, be' no minim~!m ac:~eagc requirement other than that set out in gection 7.10.15 (C) ~. is permitted ' to have instal, led, erected, constructed or otherwise placed on site Recreational Vehicles, Travel Trailers , Detached S in.g'l e I. ~' ami ]..y Residences, Class A.Mobile Homes and additions thereto, including wood decks,' screen rooms, patios and like accessory, facilities subject to the fol.].owmng req'u:krement s - The ~otlowing. minimum yard. requirements shall be m.ain~ained ' in all recreational vehicle parks existing on or b'eforo .August 1~ 21.990. side yard ten (i0) feet * eight (8) feet unobstructed on the ~t '~~im ~or deletion Ordinance ~9~-Ol0a July 15, 1999 Ref: Meeting on Nettles Island, 7 p.m. July 15, 1999 Attn: Hank Florez, I live at 965 Nettles Blvd. Jensen Beach, FI. My lot's zero lot line is adjacent to the sidewalk. I paid a premium price for. this unit because of its location and size. Should you take an additional 5 fi. on thiS side, and I be forced to rebuild at some point, it would not just take 175 sq. ft. of living area; but because of the triangular shape of the lot, and building restrictions already in place, my lot would be unbuildable. Please reconsider this move. It is unfair! Sincerely, Margie Torgersen C. JACK SAVAGE 1766 NATIONAL ROAD WHEELING, WEST VIRGINIA 26003 July 13, 1999 Mr. Mark Boston .~. 579 Nettles Blvd. Jensen Bea.ch~ F]~.o~r.ida 34957 To Whom It May Concern: I ow.n. LOt 778 and would like~ to build ao house on it. At the present time',~ .the 5" off-set adjacent.to~' a public walkway~ is preventing me from building the house that I. had ~designed. I hope the 5' set back can be eliminated. Very truly yours, C. J~ck Savage CJS/ram . io /qqq / jul 15 99 08:45a TMJ DES IGM 5614646366 PLANNING AND ZONING REVIEW: .. July 15, ~1999 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: From: Date: Planning and Zoning Commission Planning Manager July .6, 1999 Subject: Draft .Ordinance 99-017 - Petition of Jacquelene.E.. Veach amending the St. Lucie COunty Land Development Code bY ~ending Section 7.10.16(Q)(1)(A)(1)(c), to provide for the clarification ofco~on use areas to refer to public or private road fights-of-way only. (File Number: TA-99-003) Attached is a copy of .Draft Ordinance 99-017, which proposes to amend Section 7.10,16(Q)(1.)(A)(1)(c), of. the St. Lucie County Land Development Code (LDC). This amendment would clarify the ~defi~tion of common areas as used in Recreational Vehcie Parks. This-proposed LDC mendment was submitted by Jacquelene E. Veach in accordance with the provision of Section 11.00.01 of the LDC. This petition was not initiated by St. Lucie County, and is presented as proposed. The .petitioner would like to amend' the definition of common use areas as used in Section 7.10.16(Q)(!)(A)(I(c), to cl~fy that common uses areas should refer to public or private fights-of- way only when measuring the.. setbacks: for s~ctures on side yard comers in recreational vehicle parks. Re~lar lots-within RV Parks are considered to-be zero lot 'line lots. The setbacks for these lots .are 8 feet on the lea side and 0 feet on the.fight side when facing the .lot from the street. For lots which 'are adjacent to common use areas that are utilized for pedestrian access, the .setback from the pedestrian access is aminimum of 5 feet,, regardless of whether the .access is located on the lea or 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 the lot. The petitioner believes that the current: regulations of the :LDC do not'allow owners: of lots in the Nettles Island development to hlly utilize the space of their lots. In making any amendment to the TEXT of the 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. 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 betweenlots, Therefore, the amendment to the LDC regulations would only directly affect the residents of Nettles Island. July 15, 199'9 Page 2 Petition: Jacquelene Veach File No.' TA-99-001 Staff has .reviewed the request and recommends approval of a change to the text of the LDc 'which would clarify'the.definition of.common uses areas to refer to public or private rights-of-way only. Please let us know if.you have any questions. hf CC: Jacquelene E.. Veach Ted Oakes File 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 ORDINANCE 9 9 - 017 ~ ORD I NANCE AMEND I NG THE S T. LUC I E CO~TY LAND D'~E V E L~© PMENT CO DE B Y AMEND I NG SECT I ON 7.1~0.16.(Q) (1) (a) (1) (c), TO PROVIDE FOR THE CLARIFICATION' OF COMMON USE AREAS TO REFER TO PUBLi~C OR PRIVATE ROAD RiGHTS-OF-WAY; BY pROViDING FOR CONFLICTING PROVISION, BY PROVIDING FOR SEVE~BILI.TY, PROVIDING FOR APPLICABILITY, PR/OVIDiNG FOR FILING WITH THE DEPARTMENT OF STATE, PROVIDING FOR AN EFFEiCTIVE DATE, PROVIDING FOR ADOPTION .~D PROVIDING FOR CODI F I CATION. W~tEREAS, ~th.e Board of County Commissioners of St. Lucie County, Florida, has .:made the foilowin~ determination- 1. .On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the S't. Lucie County Land DeVelopment Code. 2 . The Board of County Commissioners adopted certain amendments 'to the .St. Lucie County Land Development Code, through the followin~ Ordinances: 91-03 - March 14., .1991 91-09 ~ 91-21 - Nove~er 7, 1991 92-17 - 93-01.- February 16, 1993 93-03 - 93-~05 - May 25, 1993 93-06 - 93-07 - May 25, 1993 94-07 - 94-18 - August 16, 1994 94-21 - 95-01 - January 10, 1995 95-02 - 96-10 - August 6, 1996 97-01 - 97-09 - October 7, 1997 97-23 - 98-01 - February 2,1999 May 14, 1991 June 2, 1992 February 16, 1993 May 25, 1993 June 22, 1994 August 16, 1994 February 21, 1995 March 4, 1997 September 2,1997 3. On July 15,1999, the Local Planning Agency/Planning and Zonin~t Commission held a public hearin~ on the proposed ordinance after publishin~ notice in the Port St. Lucie News and Tribune at least 10 days prior to the hearin~ and recommended that the proposed ordinance be approved. Ordinance 99 - 017 1 st Draft .D. oDbl~e Underline is for addition Through is for deletion Page 1 Print Date: 07/08/99 t 2 3 4 5 6 7 8 9 10 1t 12 13 14 1~5 16 17 18 4. On ..... , 199_, this Board held its first public h.earin~ on the proposed ordinance, after publishin~ a noti~ce o,f .such hearin~ in the Port St. Lucie News and Tribune on , 199 . 5. On , 199_, this Board held its second publi~c hearin~ on--~he proposed ordinance, after publishin~ a notice of such h.earin~ i'n the Port St. Lucie News and Tri~bune on ..... , 199 . 6. The proposed amendment to the St. Lucie County Land Development Code is consistent With the ~eneral purpose, ~oals, oBject±yes, and s~andards Comprehensive Plan and is in the best interest of the health, safety, and public welfare of the citizens, of St. Lucie County, Florida. 19 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners 20 of St. Lucie County, Florida: 21 22 PART A. 23 24 SPECIFIC AME~ME~S TO THE ST~. LUCIE COUNTY L~AND DEVELOPMENT CODE 25 CAUSING THE CODE TO READ AS FOLLOWS, INCL~E- 26 27 29 30 31 32 33 34 35 CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 36 7.10.00 SUPPLEMENTAL STANDARDS 37 38 3 9 7.10.16 REC~ATIONAL VEHICLE PARKS Double .Undertin~ is for addition S'tr~ke Throuo~hh is for deletion Ordinance 99-017 1st Draft Page 2 Print Date: 07/08/99 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 '24 25 26 27 28 29 30 31 32 33 '34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 4~9 50 51 52 PARAGRAPHS A THROUGH Q ( 1 ) (A) (1') (A) : NO -CHANGES (b) s ide yard eight (8) feet unobstructed on the left side and zero (0) feet on the right side when facing the lot from the center of the .main street frontage. In the absence of recorded lots lines, a minimum eight (8) feet unobstructed between adjacent units shall be required. (c) side yard corner - (d) rear yard eight (8.) foot left side and five (5) foot right side when facing the lot .from the center of the main street frontage (includes all properties adjacent to cxmnmon use ~ar~a~ public .and.~Drivatel riahts,of_ ~). In the absence of recorded lot lines, a minimum eight (8) feet unobstructed between adjacent units and five (5) feet from any common use area shall be reqUired. five (5) feet. Note: The front yard setback for special situation lots shall be five feet. Special situation l~ots include those lots in which the. longest property 'dimension is found along the street frontage. Common use areas .shall refer shall,not~be considered.corner Iots, For lots with double street frontage, the front yard shall be identified on.the approved site plan of the Particular Recreational Vehicle Park, which shall be kept on file with the Community Development Department. The front yard for a block of double frontage shall -be consistent the length of that block. Double frontage lots are not eligible for special situation consideration or designation. Any deviation or change to the front yard designation that does not include the adjustment of the entire block shall only be approved by the Board of Adjustment in accordance with Section 10.01.00. PARAGRAPHS Q(1) (A) (2) THROUGH Q (2): NO CHANGES PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and Ordinance 99-.017 1st Draft Double Underline is for addition Strfke Through is for deletion Page 3 Print Date: 07/0'8/99 1 2 3 4 County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. 6 PART C. SEVE~BILITY. 7 8 If any por.tion of this ordinance is for any reason held or 9 de~clared to' be unconstitutional, inoperative, or void, such holding 10 shall not affect the remaining portions of this ordinance. If this 11 ordinance or any provision thereof shall be held to be inapplicable 12 t'o any person, property, or circumstan, ce, such holding shall not 13 aff.ect its applicability to any other person, property, or 14 circumstance. · 15 16 17 .PART D. APPLICABILITY OF ORDINANCE. 18 19 This ordinance shall be applicable throughout St. Lucie 20 County, s~ jurisdiction. 21 22 23 24 PART E. FILING WITH THE DEPARTMENT OF STATE. 25 The 'Clerk be and is hereby directed forthwith to send a 26 .certified copy of t-his ordinance to the Bureau of Administrative 27 Code and Laws., Department of State, The Capitol Tatlat~assee 28 Florida 32304. ' ' 29 30 31 PART F. EFFECTIVE DATE.. 32 33 'This ordinance shall take effect upon adoption of the Board of 34 County CommiSsioners. 35 36 37 PART G. - ADOPTION. 38 39 40 41 After .moti. on and second, the vote on this ordinance was as follows: 42 43 44 Chairman Paula A. Lewis XXX 45 46 Vi~ce-Chairman John D. Bruhn XXX Ordinance 99- 017 1 st Draft _ _ .Double ,Underl~i~e is for addition Str~_k~_ Throl~gh is for deletion Page 4 Print Date: 07/08/99 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Commissioner Frannie Hutchinson Commissioner Cli~ff Barnes Commissi'oner Doug Coward XXX XXX XXX PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land-Development Code, and the word "ordinance,, may be changed to "section',, "articl~e",or other~appropriat.e word, and~the sections of this ordinance may be re-nu~ered or re-lettered-.to 'accompliSh such int.entio~n; provided, however, that Parts B through H shall not be codified. PASSED ~ DULY ENACTED this day of , 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATToRNEy hf H: \WP\ORD\99- 017 Ordinance 99-017 1st Draft Double,Underline is for addition Str~k~ Thr/~kkgh is for deletion Page 5 Print Date: 07/08/99 Suggested motion :to recommend approval/denial of DRAFT ORDINANCE 99-017. MOTION TO APPROVE_:_ ~TER CONSDERING'THE TESTIMO~ PRESENTED DURING THE PUBLIC HEAR1NG, INCLUD~G ST~F' COMMENTS, ~ THE STANDA~S :OF ~VIEW AS SET FORTH IN SECTION ll.06.03, ST. LUCIE CO~TY L~ DEVELOPMENT CODE, I HE~B'Y MOVE THA~T THE :PL~,~G ~-ZONING COMMISSION FORWAR~ A RECOMME~ATION OF ~PROVAL'OF D~FT O~INANCE 99'017 TO THE ST. LUCiE COUNTY BOARD OF COUNTY.COMMiSSIO~RS, BECAUSE ..... [CITE REASON WHY- PLEASE BE SPECIFIC]. MOTIONTO DEi~ AFTER CONS~E~G THE TESTiMO~ P~SENTED DURING THE P~LIC HEARING, INCLUDING STAFF COMMENTS, ~ THE STAND~S OF REVIEW AS SET FORTH.IN SECTION 11.06,03, .ST. LUCIE CO~TY LAND DEVELOPMENT CODE, I HEREBy MOVE THAT TFIE PLANNING ~ ZO~G COMMISSION FORWARD A RECOMMENDATION OF DENI. AL 'OF DRAFT ORDINANCE 99-017 TO THE ST. LUCIE COUNTY BOARD OF COUNTY 'COMMISSIONERS, BECAUSE ..... [CITE REASON WHY- PLEASE BE SPECIFIC]. AGENDA - PLANNING & ZONING COMMISSION THURSDA Y, JUL Y 15, 1999 7:00 P.M. ~ Consider Draft Ordinance 99'.017., amending ,.the St. Lucie County Land Development Code by Amending,Section 7.10.16(Q) (I)(a)(1)(c), to provide for the clarification of common use areas to refer to public or private road rights-of-way only. 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 ~uch ~urpose, 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 ba, ed. Upon the request of any~arty.to theproceeding, individual, 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. ~ritten comment, received in advance of the public hearing will also be considered Legal'notice was published in the Port St. Lucie News on July 3, 1999 and The Tribune on July 2, 1999, newspapers of general circulation in St. Lucie County. File No. ORD-99-O17 :':"'"'"" OR , CHANGE OF REGuLATiON AFFECTING T USE OF LAND . 'The St; Lucie County..Board.of.County COmmissioners propose to adopt t.he following Ordinance: .in6!ude~:~the".'testimony.' and evidence upon which the appeal is t(~ be .based,:.".. '.u~0n :the irequest of any party to the proceeding, individuals ,,~,~:~.~iz:..:'::.:'tesfi'fYi'] ~.i.::dfiririg a hearingI Wiil 'be sworn 'il~ Any:' party to ~the ~~7~;:[,~.'Will: be ~rantea an opPortunity to' cross-examine "!..' '""'i'[ . i:iii:S'fifying.during a hearing upon request,,' any ThiS:" :;"" n0tice.~li[ed' ":" '~': :: ''~'" ..:: , and executed this 30th:day of June '1999, · '"' .' NNING AND ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA /S/Diane Wesloski, Chairman '-'.. PUBLISH DATE: July 3,. 1999 · ORDINANCE .99-017 . .. A~.ORDiNANCE ~ND1NG THE:-ST."LUcroi.COUNtY LAND DEVELOPMENT'. ' 'CODE ::, ..-.- BY AMENDING SECTION 7.10A 6(Q)(1)(a)(1}(c),..TO PR0VmE FOR'THE CLARIFiCATiON OF USE "AREAS. 'PO' REFER TO 'PUBLIC OR PRIVATE ;. BY PROVIDiNG,. FoR CO~ICTING pROvIsIoN,. BY.. PROVmING' FOR SEVERABiLITY, .PROVIDING FOR APPLICABILITZ 'PROVIDING ~FOR. FILING 'WITH THE DEPARTMENvI' oF' STATE, PROVIDING' FOR AN E~-'ECTiVE'~ DATE,, PROVIDING' .FOR ADOPTION "AND .PROV.IDING FOR CODIFICATION. ' · .. . · . A'PUBLIC .HEARING qn,..Ordinance 99-017 Will be held'before the' St,.- Lucie County:Planning and Zoning CommiSsion. on: Thursday, July 15,' t999,, at 7:00 P.M.~ or as soon~'thereafter as ~ossible, in Room. 101, C6unty Adm~nis:trati0n Building,. 2300 .Virginia. AvenUe, Ft,' Pierce, Matters affecting Y0ur.persbnal-a~nd prope.rty :righ~ may be heard and acted:'uP°n;, i Al!. interested persons are' 'invited.. to. attend'and .be heard. Written eo~ents received in advance Of the public bearing'will alsO be heard:.." ,." - .-'... '~'~ ' ..'... . · .. .- The purP0se.:of:.ithis ipublic hearing is. to-amend';.the st..LUcie County: L~m, [· D~vel°pmenti.C,ode by cl~'fying, that, commOn Use. areas as used'in;. ;,,n;,Secti°n'./ii:7" i .... 0,;16(Q)(. 1 )~a)(. 1 )(c) refers tO 'pUbliC or Private. road .right,:-of2' . : .. : i!f'any person decides, to appeal any' decision made"With'mspect to any matter considered:.a[ ·the, meetings or hearingS'.'6f: any board, commitmes, c0mmi~sioiiS(. :~igehey)Council o~ advis°rY!'gmuP' that person will need · ;$~ord of th6:'Pm~eedings and that;, f~,§U~'fi purpose may need t6 ensure that .a .v'erbati'm record of the pmCee~tings is made, which record should NOTICE OF ,ESTABLISHMENT.: HE USE OF LAND The St,. Lucie County Board of County rCommissiOners pro- pose to adopt the following Ordinance: ORDINANCE 99-017 AN ORDINANCE AMENDING THE ST. ,LUClE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 7-10. lr6(Q) (1) (a) (1) (c), TO PROVIDE FOR THE C.L~RIFIC~TION .OF COM- MON USE AREAS TO REFER TO PUBLIC OR PRIVATE ROAD BY PROVID. lNG FOR CO VIDING FOR SE' APPLICABI; THE DEPAR' AN EF TION AND P IG PROVISION, BY-PRO- FOR FILING WITH PROVIDING FOR NG FOR ADOP- DIFiCATION. A PUBLI. C HEARING on Ordinance 99-017 will be held before the St. ,Lucie County Planning and Zoning Commission on Thursday, July 1'5, 1999, at 7:00 RM. or as soon thereafter as possible in Room 101, County Administration Building, 2300 .FL. Matters affecting be heard and. acted upon. All inl to attend and be heard. advance of the public hearing rginia AVenUe, Ft. Pieme, property rights may persons are invited. receiVed in be heard: The purpose of this public, hearing is to amend the St, Lucie ,.:..: .., County Land Development Code by clarihting that common use areas as used in Section 7,10.-.16(O)(1)(a')(1)(c) refers .. to public or private road right-of-way only. If any person decides to appeal any decision made with respect to any matter considered at the meetings or .hear- ingS of any board, committees, commissions, agency, coun- cil or advisory group, that person will need record of the .. proceedings and that, for such purpose may need to ensure that a verbatim rocord of the proceedings is made, which record should include the testimony and evidence upon which'the appeal is to be based." Upon the request. Of any party to the proceeding, individuals testifying during a hear-' ing Will be Sworn in,, Any party to ..the proceeding Will be granted an oppOrtunity to cross-eXamine any individual tes-.~ tihtin, g during a hearing upon r°quest. This notice dated and executed this 30th day of June, 1999. PLANNING AN© ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA /S/Diane Wesloski, Chairman. PUBLISH DATE: July 2, 1999 .: