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January 18, 2001
St. Lucie County . Planning and Zoning Commission Meeting Minutes January 18, 2001 Commission Chambers at 7:00 p.m. Mr. Matthes, Mr. 'MeCurdy, Mr. Trias, Mr. Lounds, Mr. Heam, Mr. Grande, Mr~,gea~, Mr. Jones, Mr. Merritt Mr. Kell.y, Ms. Young, Ms. Shewchuck, Ms. Lewis, Ms. Snay, Mr. Flores, Mr. Murphy January 18'i, 200} page I Chairman Matthes called the meeting to order at 7:00 p.m. Chairman MattheS welcomed'the new.board member Mr, Russell .Aikens. He will be replacing Mr. Moore. He hopes'.~, Aikens'will find ~s appointment to the 'board interesting and enjoyable. Chai~an MaShes Would like to explain the standard procedureof operation for. this meeting.. As a.petition, is he~d Stuff MIl give a brief presentation .on.the petiti'on.~ Then the applicant will come forward to :m~e a :presentation, if he or' she ~Shes to .do so. At anytime during the~meeting the members :of'the board can ask qUestions m the applicant, staff, or ~e addresseeas the public he,rig becomes Open~ A~er the applicant's presentation ~e public he~ng will be opened. Anyone that Would like m come fo~ard and Spe~ for. or ag~nst the application has the fight to' do..' so, board .urges the public m give their opiffion, At that time after the'public · .The bo~d will have deliberations and..- render a make it'very~elear.that ~s is only an advisory board to the Co issio~.rs~ T~s board ~11 act in that capacity o~y. If anyone is not happy render :bY t~s board. There is the ability to seek council in.front of the Co ~..un~ty Co~ission, w~eh do make.the finfl :decisions in.anyone of these c~es.- . Chairmm.~ Matthes asked if there were any o~er announcements. ~, Meffi~ stated that he has a conflict of interest on Items No. 3 & 4. · Ms. Wells .thought it :was very understandable.and would like to congratulate.whoever did it. · · Chairman Matthes stated that the credit for that goes to staff. Chairm~ Matthes stated that he would also have to recuse himself on' Items No. 3 & 4 due to a possible conflict. He explains thru he has no association with the applicant, Duke Energy; his finn that ]he works for has done work for the owner Bf this particular property as a co-applicant in a rezoning case. He stated he would have to turn the gavel over to Mr. McCurdy for those pa~icular items., January 18,. 200 page 2 AGENDA ITEM NO' 1: MEETING M!N~ES OF DECEMBER 13' 2000 Mr. Merritt explained that the minutes need to be corrected to show Mr. Merritt as being present. His name was leR out. Mr. Hearn stated that he was not in attendance of the meeting but was marked down showing he was present. Mr. Lounds moved for approval of the December l& 2000 meeting minutes. Mr. McCurdy seconded the motion. Upon a roll call vote the motion was passed with Mr. Hearn, Mr. Trias, Mr. Aikens, and Mr. Grande abstaining. AGENDA :'ITEM NO. 2: wESTCrHESTER :DEVELOPMENT COMPA~ Rz-00-015 [ I . I I I' r ' i 'i ii i ' ' i ] .... il" i' il .... F ~ll'if rill . [ ] If I , ' ' I "l' 'l [1 . I I [ I ' I . Mr. Kelly stated that he would like to explain the process of a Planned Unit Development, so that' everyone.would undersmd what it is before the item is presemed. He explained that there are three types ofpl~ed developmems in St. Lueie County, A.PUD (Planned Unit Development), which is a purely residentiaI development. A PNRD (Pl~ed Non'Residential Develop~nent) anda PMUD (Planned Mixed Use Development),. Which :are the first three.sections.of Chapter 7 of the Land Developmem Code: 'He s~ted '~at the Westchester Developmem Company would be presenting tWo ofthe t~ee types, which are.a PUD on roughly half ofthe property and a PMUD on the other half,. The p~oses 0fthe ~three types are all the same, except for the substitution of- 'the words residential, mixed use, and non residential, which ~.e to aChieVe-land dev. elopment of a 'superior .quality t~ough encouragement of flexibility.and ereativi~ in' desi~.. A planned . deVelopment of any t.~e consists ora rezoffing ~d a site plan. it allows the.developer to present and. seek -approval for ..new or creative concepts and. allows for desi~ options that-are, outside the four comers of St..LUeie He explained thru an example ~that he often uses, but is .nOt like the: ~one ~ ,. presented bm a zero lot line develOpment. The Land Development Code require~'a for a .straight rezoning. If a Co~issiOn, wMch is the then go before the Board of COunty C' ' ' ,omm~sslon and again to the- of County Commissioners for final approval. If the final apprOval like the prelimin~, ~en.the County Commission has some obligation to approve the petition. January 18, 2001 page 3 The responsibiliW.ofthe Planning and Zoning Commission is to look at the zoning side ofthis. · He explained that this 'board does not really spend much time loOking at site plans. The site plans are left.up to the County CommisSion. He eXplained that'this board would need to know enough about the site plan in .order to decide of the appropriatenesS of the zoning. He stated that this · board will see a few Site plans and some issues, but the u!timate job is to make sure this is an ~amount. of non-residential type zonings .0ard to decide on the overall details, even though they will zonings. He asked if there needed to be :more Mr,. Kelly stated that this evening there Would be two sep~ate petitions for Westchester. There is a Plied Unit Development, Which is ~the residential component anda Planned Mixed-Use Develo which isthe e~'tem potion of the project that includes residemial, civic site, often seen in St. Lucie County. Asa general description the enfire project is' lOcated at the Northwest quadrant of Interstate 95 and the Gatlin. B0ulevard extension, He explained.it is primarily proposed to be on.converted farmland. He stated that there is not a~great dea! of enviromental impact, pa~ of a much larger parcel and staff believes that the developer MIl ultimately come back for. additional approval. If that should occur it wOuid at that time trip thresholds and' ~beeome a Development-of Regional Impact and there Mi! be more. review of the development.. The proposal is. to extend Gatlin Boulevard from its current terminus to a traffic Circlet then .turn to the north .On a North south roadway, which would be primary access in to the project. That roadway in'the ~ture could possibly connect to the Glades-cmoffRoad in the future, The PUD potion is to the West of that road and the PMUD is to .the e~t. Staff is still working with the developer on a nmber ofiSsues. Even as late as yesterday there was a meeting. He-explained that the .s..:.hooi. site that.~s seen ~n the doements.. He stated that~particular.areawill be a called a civic .site. The deve!oper is worhng ~th several entities to.try to fi~e om how to provide a school Site. They 'have not been able to provide any.details to staff. He stated that changing the title to a Civic Site is probably a more:accurate term,.due to the fact that it w~ intended to be a building with multiple uses, He explained there are still on going negotiations with :the City on the capacity of the roadway and other' developers inVOlved in that area.- Mr. Kelly' explained that in the proposed.conditions that were provided separately there were--' etbacks ~md staff ~s still wo~hng om the setbacks Mth the developer. He stated'three major concerns ~and there are many. concerns in the fifty proposed conditions that are being ~negotiated: Mr. 'Kelly stated ~at there'are a few he.will go over in this v ' ' ' .... e, emng s meeting. He does not feel the entire list shoUld be part of .any motion this evening. He will only go over.the conditions he feels are important. He'would like to mention that it is staff's belief that this Mil ultimately be a DR/and the fact that staff wishes to begin working with the developer to make sure all of the DR/issues are ultimately answered and that is Why t~here are fifty proposed conditions. He doe~, not feel that at a pr, hm~nary PUD and PMUD hearing they are necessary to be imposed in this board's recommendation to the County Commission. January 1'81 2001 page 4 Mr. Kelly stated that the parcel is.fairly irregularly shaped and as the plans are:reviewed later the shapes will be more understood. He stated that there would.be two petitions reviewed this evening and Will require-separatemotions and public .he~ings. It is his experience and to most of the.seasonedbo~d members that it:.is :not possible to separate the comments. He recommends a general discussion and .before it is dOne open two different public hearings and make two different motions, Mr. Kelly stated.the PUD. (Planned unit DeVelopmen0 is on the North side of Gatlin and West of Interstate 95 wi~ acu~ent zoning ~of AG (Agriculture). The proposed new zoning is PUD. The parcel is approximately a little Over 373 acres. The proposed use is 600 single-family lots with the associated infrastructure, recreatiOnal uses ~d~open space requirements. Staff has reviewed the. :project and finds that it meets the applicable smdards and before the meeting is over if nothing changes staffM!l.make a reco~endation for approval. In :Item #6 of the report states that the:apPliCant is.proposing to preserve all wetlands on this site. This is a little bit inconsistem Mth the cogent, w~ch indicates ~e developmem is preserving 33.05 of 34.89 acres. He would like come forward and give ~s presematiOn so that the board can become famili~ to~ f the development. Mr.. Grande asked if the correction ofthe wording.about the inconsistency in the preservation of the wetlands ~would be corrected. Mr. Kelly .replied inthe affi~ative- Mr. Grande asked ~e reasoffing for the densi~ comparisons to the Future Land Use as opposed to current zoning. Mr, Kelly stated that it could be done either way, but the applicant could easily be requesting an R8 zoning or somethng like. that. The pmP~ose.ofreviewing rezo~ng is to m~e sine that. there is - consistency ~th the COmprehensive PI~. This is an increase in the.existing zo~ng but completely conSistent with the Comprehensive Plan. Mr. 'Grande asked if the conditions were worked out through negotiation .with staff and the developer. Mr.- Kelly replied that ultimately they.will be, but the conditions distributed to. this board were' written by staffand given re.the developer at the same time 'the board received them. Them has been some discussion on some of them at a meeting yesterday. They have some.problems with some of them and are others that are not problems. At .some .point in the evening he will point out the ones ~that should be imposed in the-motion at this preliminary meeting, such as infrastructure and impact fees. Mr. Heam asked where the urban service botmdary currently located. Mr. Kelly replied on the western edge of the property. January '18, 2001 page 5 Mr. Hegener introduced himself as the .presidem of St. Lucie West Development Company and the President of Westehester DeVelopmem Company. He stated his purpose.of his presentation is to give a quick introduction to the'Concepts for WestcheSter. He would like to take a .brief moment to give a little bit of background ~to the pl~ing of this major master plan community. In early-1999'his company convened a Pl~ing charrette where members of the County and City Planning-Stuff, Ar~.ChiteCts, Enviromental Consultants, and the. St. Lu¢ie West planning overall design need for a corporate park ,and a disffibution busi ,and higher paying jobs have a k)cation with .of location ~11 attract need: I.): There is no such rate and a relative rate .of 1 an came the need civic site that would pro employer. This is what b recreational uses for discussions Mth'the Sc components presented at anticipated to .facility.and emplo~ent type will be linked by pedestrian 'to the comm~ty facili~ and purpose Ofthis~was to .define issues that could be dealt Mth in the first problem that came up in St. Lucie County was a St, Lucie West ,there .is a small industrial small office park, co.orate park in In order to type produce ~gh wages, .things generate this county, 2.) There is a social isSue, This is to'Provide a Place is.one portion of He explained that out of'thi~ meeting to the came the need fora access :and be ~ve to a corporate of a civic site could ..contain a School, some uses. He explained that such civic site to- become extremely complex. There have been m m~e this operational. The housing types, One is for the families that are. pedestrian,access to the communi'~ :a more component 0f hOusing. Each housing this it easy to go. to a small retail area to walk area. ~e overall concept~ of Westchester. iMr. Hegener stated he would like to say that his company is extremely proud to be involved with' introduced the Vice-President of Westehester to walk the board through the initial phase of Westehester. January 18, 2001 page 6 Mr.. Zboril stated that the .reason :for the two different zonings being requested was something · that came up while working ~with staff. The western area of the property was more appropriate for strictly residential uses and the"eastem portion would have mixed uses. He would also like to state that this will be~a DRI and they will come. back for sUbsequent approvals. The reason is this development is b~eing ~allowed~ Pursuant to state Stmute~ 380.~032 which allows for development agreemems ~with Community Affairs. This development agreement allows them to commence a certain mount ofdeV 'They.are. seeking the mo~t that is permitted with Co,unity appli with in ~45 .days. Deve con some of re to go reserve city ~to receive complete a with reg~d to the · 40 majority sod- first impacted ~,shold .of the. DRI procesS., AS a result of the agreement :with them that ~they will be a pre- parties, with the agreement to submit an application for a ent. ~He Stated they are on of develOpment being reviewed at been prepared. As the. intersection of Gatl~ .agreement executed to the City staff ofGatlin Blvd, which means aborn rn the developer Ivd from 1.95 tO Port, are about 5 to 6' phase ofthe deVelopmem, He, iBou!e~ard. The Site no on site uplands. ~th threatened plants. The wetlands open canal draining system. be the creation . Lucie and his 'developer to ~. R allows the stated that used as a- h the been Mr. Zboril explained the phase.one pattern of development is the more conventional 'cul-de-sac. type of development. They feel ~s. is an appropriate development to minimize the impact of the system. The ~wetlands .in this area Mll be-made a part of a 90-acre recreation and reserve area. That recreation and reserve .,are MIl have trails that Mll go through, it to link over to the'next side. and in to more pedestrian paths. The other side will have more grid like housing. This type of: housing w~ felt to be more,conducive to the area 'for~the mixed use. They are' also seeing the approval for'about 75,000 square feet of offices and another 75,000 square, feet of commercia1 . and retail. The office is the initial part of the corporate park that was previously mentioned. The retail 'and commercial is :thought of to be as a village center to suppo~ the residential units that are there. That would include .such-uses asW, estchester's sales and marketing offices, a coffee shop, and restaurants, There is a request for density that is significantly less than what could be there, with the underlying land' se. :He explmned that this is for phase one :only and it-is currently standing alone. Mr. Trias asked to define the corporate park and how the .future development works. Jat~uary 18, 2001 page 7 Mr. Zbofil replied that the ~tt~e ,plan is that'all along 1-95 will be a corporate park. Due to threshold issues they can onlY seek approval~'for 75,000 Square feet located on 7 to 8 acres at this time. H, stated thru :t~ough -the Dept .of Commumty Affmrs'there is a density 'and intensity type threshold and an acreage threshold. Mr. Trias asked why that would be done before DRI apprOval-and what is the advantage. ~Mr. Zboril replied the main reason is because they are low in ~the land inventory at development in St. Lucie West for-residential projects. He explained that they need some more residential projects to keep the buyers happy. Mr. Jones asked if the s.treets in the. PUD portion going to be private or public. Mr. Zb°ril replied they wOuld both be private. Mr. Jones asked how that would work with -the pedestrian access through that area. Mr. Zboril stated that they envision submitting to the County applications for a Community Development District. Mr.-Grande asked :if there was .~exation anticipated in to the City at the-earliest point possible. Mr. Hegener replied 'that the prope~y is located in .St. Lucie County. The St. Lucie County Land Dcvelopmem Code and.Comprehensive. . PIan provides. ~ for. the uses that will be .there. They Wish' to contim~e .the WorkSng-relatiOns~p 'with ~e County, even though St. Lucie West 'is in the Ci~ of Port Si:. Lucie. ~. Grande stated the utilities woUld be provided by the-City of Port'St. Lucie and quite frequently those agreements.need ann. exations. Mr. Heam stated.,he has a concem aborn the ~suranees of the building of the multiple use · building: and the completion' of that before a certain phases are completed. He asked if that would be p~ of Conditions from stuff, KellY it is a. concem of staff. He stated it is~also a concern of the develOpers, because without those things the community described does not fully exist. He explained that this evening is more for a general review and consider the app.ropriateness of having it there without putting a hard time line on.it. The negotiations are still going on.and it would be very difficult to tie a time line to it. Mr. Heam stated his concern is that issues like.this l~ave come up in the past. JanUhry 18,2001 page 8 Mr. Kelly stated what this board Can do.is recommend to the County Commission to try and put a time-line on it, He eXplained that by,that.time the developer would have had the opport~ity to work out a lot of the issUes. Mr. Heam stated heis not sure how to maintain the building zero lot line, If there is painting or repair work that needs to be dOne, Chairman Matthes asked : the -.applicant to come forward and express different communities that .exist with the same approach. Mr, Zboril stated that the-minimum lot size for anything proposed residential is 30 x 85 in a range of 85 to 1,35 on the depth-and 90 on width. There are not provisions for zero set backs on two ~ks. If'there is zero on one side then there is a setback on the other side, Mr. Heam asked if the resident would have to tresp~s on the neighboring property to do repairs. He. would like to know' what.the plans ~e :to take of that type of situation. Mr, Hegener replied that zero lot line projects would'apply for an easement or get access by neighborS.. They .will provide in the final documentation a Home Owner Association documents, design criteria, and ~ oUtline to shoW how that will work. Mr. Grande stated,that .for Mr. Hem's benefit there are a number of comm~ties that have that type: ofp~ial zero lOt line on one side, Cu~ently on island it works extremely well. There have never been any problems maintaiffing the face on the zero lot line. side. It,is well cared' for'in the association docments. .Mr,. Grande ~ked why on condition ~5 is s~.reserving the fight to move. 100 units, from one ' side to the other. Mr. Hegener replied that there were ,some m~ket flexibility, They needed the ability m. determine exactly where the market is going to go, during the phasing of the project, Mr, Grande stated going from .East to West from the less dense residential to the mom dense residential area ,indicates ~at the:residential would have to be expanded at the cost of retail.or commercial on the east side': Mr. Zboril stated that they are seeking approval for .a variable lot size ,confi~ation based upon builder and buyer ,preference. He stated that there are land areas that are allocated a certain number of. units. Those units may be ,reached before the land area is exhausted before a certain set of assumptions. Those land areas, may be exhaust[ed b~ed on all the units are used up based upon the rnaximum lot sizes, thus meaning they.will nm out ofland before they mn out of lots.,, January 18, 2001 page 9 Mr.'Kelly interjected and Stated ~at staff Wished to speak with board about condition #45. staff is going to reco~end.the:transfer can go either .way. The:total project is still capped at 800 total. If on either side the.market demand Was for the very smallest of the lots then there would be'additional, land aVailable on WhicheVer ~side. The impacts of this phase are 'the 800 units .and the intent or.condition #45 and the modification to go either way is to cap:the number of units at the total of'800. It started With the transfer to the east, .but as discussions went on it became apparent it CoUld work the ~other way.as long as the total number of units stayed constant. Mr. Lounds asked.if'the commercial area was not as absorbed as quickly as hoped, he would like to know if it is possible to-~e..the commercial area that has been set aside and change it in to residential, Mr. Kelly replied that the intent was not to change any of the boundaries between the residential and non-residential uses.. The street pattern is proposed with variable lot widths' If~something in the market dictates the average lot ~Width, it p.robably uses the land up with the 200 units. Therefore: the uses Mli not change from reSidential to non-residemiai or vice versa, Mr. Trim~ asked why they would build with' this idea other than what they have previously track record. Mr, Hegener.replied that nationally and :regionally are observing younger families Mth the offices-in the. home. There.is a need .being seen for this type of neighborhood, becaUse it is. attractive to those types of families.. These.types of co .mm~ties on the east side Mll be seen. with mini-vans .and sport utility veheles as opposed to what may be seen in other areaS:. TheY feel this is .an attractive package .... Mr, Grande ~ked if one side. c°uld lay d°rmant if the transfer of density took place. .. . . Mr. Kelly stated that it could happen even without the transfer of the density either way. He explained that when he comes back in front of the board in the future is when that will be dealt with ~ ~far.as the tr~sfer. Mr. Merritt would like'to'hear the rest of the Presentation. Mr. Kelly stated thathe onl.y..sp°ke of~e .PUD only.and Mr. Zboril spoke in general of the whole project, The PMUD is generally located immediately East of the PUD and the 'North South road and the zoning is AG-1 and the proposed PMUD Zoning District and the Land Use designation is RU. There are 18.5 ~A acres in that parcel with the proposal of 200 units with associated infrastructure.. The infrastructure includes 153,500' feet of commercial retail and offices. There is a recreational facility.in that there still needs some work. In the PMUD side · · . there will be .the civic site. and a smaller civic site, tll'g're are areas for retail and commercial and a rather large lake that is part of the retention area. There is a grid pattern for the residential .area. '~ There will be-a need for 2 different pUblic hearings for each side. Jam~ary 18, 2001 page 10 Mr. Heam asked why they are separate and not combined. Mr. Kelly ' replied .because of open.space requirements for maximum amount of residential and non-residential within the PMUD. In order m-make it all fit it worked out this way. The PUD western potion is much more of a traditional PUD project in itself. Chairman Matthes-ope.ned the public ~hearing fOr the zoning change to the PUD. There being no one the public hearing was closed. Chairman Matthes opened the pu~blie hearing for the zoning change to the PMUD. There being no on the public hearing was closed. Chairman Matthes ~ked if there were any other questions for staff. Mr. Lounds ~ked Mr. Zboril if~they were trying to get this'like the Heathrow Development in Northern Florida. Mr. Zbofil :stated that that market would probably dictate that. 'Mr. Kelly stated that.he is going to point om the conditiom that staff really feels ~at needs to be addressed. He .stated that #4, 5, and 6 talk about wetlands and there.is Mot of'verbage-in those. 'Staff wanls to-ass~e that the..appropriate agencies look at the wetlands and 'that-they-are treated- ina la. ti m~er. He. stated that #18 is the condition that authorizes the developer enter into .that #25 has educatiOnal explained that subject to: impact fees part of the code. He impact fees,as: they conditions # 43 and Condition. ~at ~11 be. similar m ~#24, which is -the wastewater:. He' explained to a civic site instead, but it indicates.the developer, will be subject to fees, ~en #27 gives the.developer an out stating that if he:would SchoOl. site then he 'would be: eligible for credit to impact fees. He with recreation and open space the developer will .be shoUld stay there Mth at least the-40% on the west'side which is. #31 w~ch obligates the developers to pay ~e environmental All impact:fees have the clause for amendment. There are. .pay transportation impact fees ~or a credit can. be worked ~out with.the City, . #48 requires final devel-opment plans and architectural- ' guidelines. These are the conditions ~at staff recommends as conditions. The ones that were not mentioned are not recommended at 't~s time. Chairman Matthes asked the develOpers if this was [n~ the.realm of their plans or will their be something to be discussed. January 18, 200-1 page 11 Mr. Zbofil stated they are fine with conditions pointed out by Mr. Kelly. He would like to ensUre !hat-the conditiOns reg~ding the .habitat, Wildlife, and vegetation track with the Conditions ~mposed~ by South Florida: Water .Management. and the Army Corps of Engineers..That there are no additional :burdens created in seeking those approvals. Mr. Kelly stated that was 'the intent in.conditions//4,5, and 6. Ms. Dreyer, attorney representing the applicant, stated the intent of the conditions and .the concerns that.staffhas fOr these.conditions. She stated that the conditions may be subject to some ft~her refinement and language clarification prior to the Board of County Commission meeting with that underStanding the conditions are acceptable. Mr. Grm~de asked if there:are any ~ofthe fi~y conditions that could be a problem at this-point. Ms. Dreyer replied that there has not been enough time to thoroughly .review these conditions and a number of them will need to be cOnsidered during the DRi process, whether they are appropriate for the first phase ,of this project is something staff recognizes. Ms.. Lo~ds asked if it. is Ms: Dreyer and staff's understanding that local concerns do not supercede the'~y Co~s of Engineers' or Drainage district rulings on wetlands. Ms. Dreyer stated that they Understand that wetlands are determined by the water management district and the federal gove~ent. Mr. Aikens asked staff ifchanging the language to say "civic" site, instead of school site change any of the conditions. ~Mr. Kelly replied that' it .will change #26 since there are still education facilities imposed on all - new structures in St. Lucie County.. ~. Heam asked .if on condition//8 what.does the word sufficient mean in that language. Mr..Murphy replied that the.conditions that are being seen are: structured, from existing development orders in the county of DRI nature. The terminology used refers to other permitting agencies: The terms sufficient routing would imply that it has to satisfy South Florida. Water Management criteria. The language is ~more to the point of putting people on notice that there are things that need to by complied with and need to'be identified at the preliminary.phase. These will be furthered refined at some point in a year from now. Mr. Heam'asked about condition #9 and how wide does the buffer zone required to be. January 18, 2001 page 12 Mr. Mtuphy replied, that the plans show c~ently 25 feet but the ultimate :determination of.that will be t]hat bUffer Zone requirements of the county and through .the Environmental Resource Permitting criteria. ~Then the criteria will be 15 feet in the minimum. There will Probably be some different variations before it said and done. After discussion ~of the various conditions and a motion to include all the conditions, which was discussed and withdraWn, Mr. Grande indicated that he.believed the conditions to be inappropriate at this time. Mr.' Grande moved for approval of the Planned Unit DevelopmenL Mr. Lounds seconded the motionS. Upon a rollcall vote the motion was passed unanimously.. Mr. McCurdy moved for approval of the Planned Mixed Use Development to known as Westchester. Mr. Lounds seConded the motion.~ Upon a roll call vote the motion was passed unanimously. January 18, 2001 page 13 Mr. Merritt and Mr. MaShes recused themselves .from these agenda items. Ms. Snay stated that agenda item #3 is the application of-Duke Energy for a change in zoning from the IH (Industrial, Heavy):ZOning district to the U (Utilities) zoning.district. This proposed property is located on the soUtheast side of Glades Cut-Off Road, approximately one mile southwest of the intersection of Glades Cut Off road and Selvitz Road. The purpose of the requested change in.zoning is'to .alloW for the construction and operation of a 56,900 square foot, .640 ~mega-watt electric generating plant. The subject property is surrounded by the IH (Industrial, .Heavy) to the North, East, and West and to the South by AR-1 (Agriculture, Residential) and IH (industrial, HeavY). Ms. Dreyer introduced herself for the record. She is the attorney representing the applicant, She stated that the project is proposed to be developed a 99-½ acre .site.in the Midway Industrial Park area.. ~She. explained that the firSt. 'request is a reZ°ning from IH .(InduS~al, HeavY) to U (Utilities). zomng district. This isa permi~ed zoning ~der.the Industrial land use.classification. The: second request is a conditional'use pemit and a maj°r Site plan approval.m allow the.construction and operatiOn.of the electrical generating plant. EleCtric generating facilities are pe~itted as a conditional use Mthin the Utilities Zo~.ng district, that being .the. re,on for the rezoning. Ms. Dreyer stated.that Mr. Runyan, the project manager.for Duke Energy, and several other consultar,:~ts working on'this,, project are in attendance for this meeting. They have all reviewed.the staff reports ~d all agree with .the'staff comments .and recommendations for .both items. She would like ~. Runyan to give the board an overview of the project and he ~ll.be.able to-answer any questions of the'board or public, Mr. Runy~, project manager for Duke Energy Fort Pierce representing Duke Energy.of North America. The proposed project is fora 640 mega-watt electric generating plant, which MIl be a "peter" facility that is proposed for construction by June 1., 2002. He stated that Duke Energy is a very large corporation ith~ approximately $30 billion dollars in assets currently. Them' are several different projects, proposed currently ar°~d the nation..This corporation is - environmentally ~endly and. is very. involved in the co--unity it enters. He would like to. highlight several of the economic benefi~ that.tbs type of project brings to the community. At: this point the cost of construction for. the project is estimated at $210,000,000.00. The plant will bring higl~, paying -and high skilled jobs, not to mention an extremely.large tax base. Mr. Runyan explained that the project would be on a 99-½ acre parcel that is surrounded by heavy industrial usages. To the.north of the parcel is the proposed sewage treatment plant area for Ft. Pierce Utilities Authority. There are some cq~mercial' uses to the west and to' the south are some agricul~al 'uses,.The location for this site was'chosen forits close prOximity to the ' ,. FP&L transmission and the Midway Road substation nearby; the natural gas pipeline being close and the area has a sufficient buffer is a large enough area, and the adequate surroundings of uses. January 18, 2001 page 14 Mr. Runyan explained that the lo~ 7 & 8 compose the power plant facility itself, which will roughly be about 20 acres .of the .99-½ acres. The remaining acreage will be wetlands ~and uplands. The eXisting wetlands on sight only 0.05 acres will ~actually be impacted and 2 of the wetlands ~will be :improved dUe to storm drainage improvements. The current site is being used as pasture land ~d the current wetlands haVe been' degraded due to that use. This facility will be able to improve the 'wetlands over'time. On the. current site conditions, it is basically open land c~ ~uple that this project will not :be impacting. Mr. :Runy~ .stating that it was presented at two:. of'the open houses. One of the owned property with in a 1 to 2 mile radius to 'discuss what Mr. Runyan explained that the facility would be 8 combustion turbine generators that will bum natural gas, which will conve~ the gas in to electricity. This facility will peak at 64-0 mega-watts of' electricity that would, power.an eStimate-of 300,000 to 500,000 homes at peak hours. This facility will be referred re.as a '"'peaker" facility" thus meaning it will only run ~at peak times of the :daY when the highest electric consumption is used. The operation will .be limited due to the design of the bUilding m' 2500 hours ~per .year. This facility will target the hot summer days and cold ~nter nights where mom.eleCtricity is used. At this time the proposal is to.bum natural gas primarily with. a back up for :oil b~ng. To bm:oil the facility is' limited to. 50.0~hours in the event that: namr~ al.gas, is c~iled to thearea. He statedthat currently ~ey are permi~ing for 1,000 ho'~s and do not see a need fOr the ~full 1,000 hours. They are in the final stages of the permitting agencies such ~ Dept. Of EnvirOnmental, . South Florida . Water and so on, They are anticiPating these, permits m come through in Mid February,. ~Mr. Runyan stated that ~¢ site: was designed to. minimize the impacts on existing wetlands and inthe comm~ty, Mr. Trias asked if there w~ a landscape plan submitted. Mr. Runyan. replied in the affirmative and stated it was provided in the site application. He explained that it was.not included in the package.distributed at this meeting, There is a rendering -in the packet that exPlains the physical.features of the plan with some of the new landscaping needs. He. explained thatthey would maintain a l°t 'of the trees .and shrubs that are. on site.' There are a lot' of trees and s~bs on site that will.have, to be removed as a conditiOn to the application, such as the'exotic vegetation that are currently on' site and deal with a lot of the.timber on site. ]?in th~'~>acket: has the Ft.. Pierce. -. ~ -.eL~~c 'O~ 'tlt ~ ~ex~ i-o0m, 'He .would like to kngw~ how far aWay would that noise level is considered. OCh ~k~ ~. tc LX3144q ~ Mr. Runyan replied thru the Ft. Pierce generating st~a~tion would fall below the currem-residential nighttime noise ordinance in the St. LUcie County (2~)de at the Property boundaries. He stated., that closer to the facility them: will be more impacts..The review of sound came from the St. Lucie County Code required measurements at the property boundaries. January 18, 2001 page 15 Mr. M 'Curdy reiterated that the .noise level in the reports would..be at the property boundaries. Mr. Runyan explained that there had been two 24 ho~.detailed analysis of background sold levels in the ama. The study was compiled with the plant running to make sure. the. St. Lucie County Code would be-met. Mr. Lounds asked what the annual running time would be. Mr. Runyan replied that the plant would be permitted to 2500 hours per year.. That would be the maximum, bm most. facilities like this mn between 5 to 15% of the year, which would be 1000- 2000 hours. These hours are mostly during the day, especially in Florida. Mr, Lounds asked'if:the facility would mn 24 hours a day at the pe.ak times.. Mr. Runyan-replied in the negative. He explained .that.the typical maximum.length of time would be twelve hOurs aday, approximately 7:00 a.m. to 7:00 p.m. Mr. Lounds asked if that would .be self-regulation. Mr. Runyan replied that it.is more market, because these facilities are not as cost effective..as a base. load facility. He stated ~at ~s is apeak facility and it can come on in thrty.minutes and Mr. Lounds asked if the primary business is to sell.electricity to whoever wants to buy it. Mr. Runyan replied in the affirmative. He stated that this.facility is being placed in Florida for. the Florida need of electricity more .so than other.states.: Duke'-is looki'ng at other areas in the . nation also. Mr. Lounds asked if theoretically electricity could be sold to Califomia. ~. Runyan replied that theoretically it 'could be done but it woUld be.difficult to.do so.. Mr. Lounds statedthat his point is that Duke Energy is self regulated, meaning self regulated a~ far as the hours ~that are ran,,.'He asked, for clarification, and staff confirmed. .Mr. Runyan stated that this facility has the potemial to mn 24 hours a day, Market determining, . Mr. Hearn stated that Mr. Runyan referred to the property on the South as zoned Agricultural Residential. He believes this to be incorrect and ask staff for clarification. Ms. Snay replied that it is both Agricultural Residential 'and Industrial Heavy. Mr. Hearn asked if the plans were reading the stacks at 116 feet tall. January 18, 2001 ~ page 16 Mr~ Runyan replied that is correct but they are about site ~elevation of 23 feet. This meaning the -stacks are actually 93 feet tall, Mr. Heam asked that if the land 'beside.this facility went residential in the future, and the wind was blowing would the residents be able to detect an odor. Mr. R,unyan replied' in the negative. He explained that if you run on either natural gas or #2 low sulfi~ diesel oil no odors or visible Clues.would .be detected. Mr. Hearn asked what the procedure of cleaning the. stacks would entail Mr. Runyan replied that'the turbines are-fitted with dry low-rise combustors. In that process when the air and ~el.are combusted m. gether there is no build up like on a chimney or fuel stack. There are no requiremems to clean the stacks due to this. The stacks will be monitored constantly. .Mr, Heam :asked staff it due to the height of the stacks would an additional conditional use be required. Ms.. Snay replied that a ruling by the ~COunty Attorney states that stacks are comidered an accessou use; so they do not, need to m~ntain the height limitation. Mr. Lounds asked if these proposed.units were. the same as 'FP&L are converting.to ..in the Fort Meyers re'ea. Mr. Runy~.mplied in .the affirmative: He explained thatthese, machineS, are General Electric 7EA mactfines and.that FP&L are General Electric 7FA, which is ~ce-the size. . Mr. Lounds asked if:the concept is.the same. Mr. Runyan replied in the affirmative. Mr. Grande. asked if the na ~tural. gas,utility is free to convert to an oil burning facility. He.asks if' on an economic basis could:this be done. Mr, Runyan replied in the affirmative. He stated that it is highly unlikely due to the cost of oil burning. There are still deliberations about the. oil-burning infrastructure being'built at this facility. The air permit MI1 still only allow 500 hours per year. The.reason for the 1000 hours on the facility' was due to concern of the Florida natural 'gas market.. At this time there ~e no other Duke facilities with oil infrastructures. ~ Mr. McCurdY Opened the public hearing. January 1.8, 2001 page 17 Mr. William Gath, resident of Fort Pierce for 40 years. He would like to know during the operation where will the waste 'go. Mr. Runyan stated that-these facilities are combustion turbines and will be cooled with ground- water.. . The .cooling t~bines require, very little water. During the summer months'there will be more .water ~used to make them ~work.more efficient. Them is no discharge of'water at any. time. He explained even ifoil .were used there would be no discharge. Mr, Lounds asked .what the water consumption at pe~ hours from a ground water well would be. Mr. Runyan stated that at pe~ on a 12-hour day it would be 300,000 gallons a day. They are currently trying to get a permit for South Florida Water Management and there are not any probl :m~ being seen. Ms. Sna2? stated that ~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 go-als, ol~eeti'ves, and policies of the St, Lucie Co'~unty Comprehensive Plan.. Staff recommends that you forWard this petition m. the Board of County Commissioners with a recommendation of approval subject to the following conditions: -,l. Prior to the issuance of any building pemfits for the proposed structure or buildings on this site, ~ al! ' exotic vege~tion found on the. site shall be removed. - The appl'ic~t Shall connect to .central water and sewer services :upon the irtstallation of central water and sewer lines from the project site to. Midway Road m: its-intersection Mth.Milner Road. ~The use' of.the private well shall .be di[sc°ntinued except, for 'i~igation use until such time as .'an alternative water reso~ce for irrigatiOn is available:. e Prior to issuance of any building permits for construction, the developer shall construct-Je~inS. ROad ExtensiOn, .to the southern.boundary of the project .site. Paving of the mad may be. completed after construction of the plant. e Pfio. r m issuance .of any building permits for .construction, the. developer shall .construct fight and'left mm lanes into the propOsed project. Please contact this office if you have any questions on this matter. Mr. Heam stated that' for the. record he would like to clarify'his vote by saying 'the land crossing the southern boundary shOuld.~have special consideration 'to be rezoned so that there is not a chance of residents in that area. ~ Mr~ Jones mOtioned-after conSidering the testimony presented during the public hearing, including staff comments, and the standards of review set forth in Section 11,07.03, St: Lucie January 18, 2001 page 18 /: FORM. 815 M MOHANDUM OF .... VO riNG CONi LIC-r FOR COUNTY:,, MUNICI'PA,L, AND OTHER LOCAL PUBLIC OFFICERs_ LAST NAME--FiRST NAME---MIOOLE NAME ] NAME OF BOARD, COUNCIL COMMISSION, AUTHORITY, OR COMMF1-FEE . Matthes .,; Stefan MAILING ADORESS 2980 S. 25th Street Fo~ Pierce $~., 'F,~c,ie DATE ON WFtiCH VOTE OCCURRED " Janu~ 18, 2001 .... ON WHICH 1 SERVE IS A UNIT OF: O CITY ~ COUNTY O OTHER LOCAL. AGE~NCY NAME OF POLITICAL SUBDIVISION: St. Lucie County MY POSrT'ION iS: ' IZI ELECTIVE ~ APPOINTIVE WHO MUST FILE FORM 8B This f(~rm is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or: Committee. tt applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Flodda Statutes. Your responsibilities under the law when faced with voting on a. measure in Which you have a conflict of interest will vary greatly depending on whether you hold' an elective or appointive position. For this reason, please pay close attention to the instructions on this form' before completing th~ reverse side and filing the form. INSTR.UCTIONS FOR COMPLIANCE WITH SECTION 112.31'43~ FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly.voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in.the situations described above, you must disclose the conflict: PRIOR TO. TH'E: VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measur~ on which .you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible.for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WiLL BE TAKEN: - You must complete and file this form (before making any.attempt to influence the decision) with the person responsible for recording the minutes of the meeting., who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) · A copy of the form must be provided' immediately to the other members of'the agency. - The form must be read Publicly at the next meeting a~'ter the form is filed. - IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: - You must disclose orally the nature of your conflict in the measure before participating. · You must compl~.~te the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the Other members of the agency, and the form must be read publicly at the next meeting after the form is filed. ... DISCLOSURE OF LOCAL OFFICER'S INTEREST I, _ Stefan Matthes hereby disclose that on January 18 (a) A measure came or'will come before my agency which (check one) _ ._ 'inured to my special pdvate gain or loss; . inured to the special gain or loss of my business associate, ... ...... inure(~ to the special gain or ioss of my relatiVe, ~ -inured to the special gain or loss of ":[z~ 6m~lo~er 'wh.om ! am retained' or inured to the .,special gain or loss of is the .parent organization or subsidiary of a principal which has retained me. ..... (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: 2001' - · _, by which AGENDA ITEM'4:' 'FI~-'NO: 'CU-00-011.'DUKE.'ENERGY Petition of Duke Energy for a Conditional Use Permit to allow the 6Onstruction and o~at±on of a 56,900 square foot (5,4.00~ square feet - building and 51,5.00 square feet - equipment), 640 megawatt, energy generating plant, to be known as Duke EnergY, in the U (Utilities) Zoning District. My firm has done work for the current property owner. Date Filed NOTICE: UhJbER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTI:TUTES'GROUNDS FOR AND"~',~ BE' F;O~iS'HEI~'By 'ONE~ OR MORE~ OF TH'E FOLLOWING'i"II~F~EA'~;HME'NT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. ,, , CE FORM 8B - EFF. 112000 PAGE 2 LAST NAME--FIRST NAME--.MIOOLE NAME Ms_tthes: Stefmn MAILING ADORESS 2980 S. 25th Street CITY Fort Pierce FORM 8B MEMORANDUM OH VOl-lNG CONPLIC-r FOR COHNTY M,UNICIPAL, AND,OTHER LOCAL PUBLIC OFFICERS NAME OF 8' COUNCIL, COMMISSION, AUTHO_ FII~ Y, O.R COMMITTEE . Plann'!ng and Zoning C~ssio~/ DATE ON WHICH VOTE OCCURRED . J~n~ary 18 2001 THE BOARO, N. AIJYHOR~¥Y OR COMMITTEE ON ' ~,_/ WHICH l SERVE IS A UNIT OF: COUNTY [ Q CITY ::[,~OUNTY .... QOTHER LO. CALAGENCY St. Lucie .... NAME OF POLITICAL SUBOI¥1SION: St. Lucie county t I~ ELECTIVE ~ APPOINTIVE MY POSITION IS: , WHO MUST FILE FORM 8B This f(~-rn is for use by any person serving at the county, city, o'r other local level of government on an appointed or elected board, council, commission, authorityi or'committee, tt applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under SectiOn 112.3143, Florida Statutes. . Your responsibilities~under the law when faced with. voting on a measure in Which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing th% reverse side and filing the. form~ INSTRUCTION'S FOR. COMPLIANCE WITH SECTION 112.31'43, FLORIDA STATUTES A person holding, elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures :to his. or her special. 'private gain or losS. Each elected or appointed local officer also is prohibited from knowingly .voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal.by which he or she is retained); to' the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districtS elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this laTM, a ~relative" inCludes.only the officeCs father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in,law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE! VOTE BEING TAKEN by publicly Stating to the assembly the-nature of your interest in the measur& on which you are abstaining h'om voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS 'by. completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. '. .-_ APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You must complete and file this. form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on o[her side) APPOINTED OFFICERS (continued) - A copy of the form must be provided' immediately to the other members of the agency. · The form must be read publicly at the next meeting alter the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · -You must disclose orally the' nature of your conflict in the measure before participating. · You must complete the form and file it within 15 days after the vo~e occurs with the person responsible for recording the minutes et l:he meeting, who must,incorporate the form in the minutes. A copy of the form must be provided immediately to the o~her members of the agency, and the form must be. read publicly at the next meedng after the form is filed. ..................... DISC'LOSURE OF LOCAL OFFICER'S INTEREST ~ .....Stefan Matthes , ...... hereby disclose that on january 18 ~20 01 . , (a) A measure Came or:will come before my agency which (check one) ._ _ inured to my special pdvate gain or loss; . .... inured to the special gain or loSS of my business associate ........ ... __ inure(t to the special gain or ioss of r~y.relative, ~ · inured to the special gain or loss of ..... .~...~. '/oy..er Whom lam retained; or .... " ' . . . inured to the special gain or loss of ....... is the parent organization or subsidiary of a principal which has retained me. (b) The measure before, my agency and the'.natUre of my conflicting interest in the measure is as follows: ~ . which AGENDA, ITEM. 3: 'F~ 'NO" 'RZ~00'017 'DUKE 'ENERGY Petition of Duke Energy for a Change in - z~nlng f~0m the iH~' (indUStrial, i',Heavy)' 'zoning bistrict to the U (Utilities) Zoning District. My firm has done' work for the current property owner. Date Filed . . · . . ' . , Si n .... . . , NOTICE: u'~DER P'ROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTI~UTES GROUNDS FOR AND"~',~' BE' F;UNIS'HE0'BY ONE~ oR MORF_' OF TFI'E FOLLOWING!"I~iSE,~HME'NT, REMOVAL.OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $I0,000. CE FORM 8B- EFF. 1/2000 PAGE 2- ' FORM 8B 'MEMORANDUM OF voTI.NG CONFLICT FOR COUNTY:, IVi'UNI CIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME---MIDDLE NAME Merritt, Ed ' MAILING ADDRESS ~4822 S. O. S. 1 Pierce COUNTY St. Lucie WHICH VOTE OCCURRED NAME OF BOARD, COUNCIL, CoMMissI AuTFto_RITY, of:j COMMITTEE ,' Lucie and Zoning C~sslon WHICH ! SERVE IS A UNIT OF: Q cn'Y i~ COUNTY NAME OF POLITICAL SUBOIVISION: St-" Lucie County COMMITTEE ON 1:3 OTHER LOCAL AGENCY MY POSITION IS: ' C1 ELECTIVE ~ APPOINTIVE WHO MUST FILE FORM 8B This f(~rm is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or'committee, it applies equally"to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 1.1'2.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in Which you have a conflict of interest will vary greatly depending. on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing thee reverse side and filing the' form. . INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143i FLORIDA STATUTES . A person holding elective or appointive county, municipal, or other local public office' Must ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each' elected or appointed local officer also is prohibited from knowingly Voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the speCial private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of inde-pendent~special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this l~aw, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, Sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corPoration are not listed On any national or regional stock exchange). ELECTED OFFIICERS: In addition to-abstaining from voting in the situations described above, you must disclose the conflict: PRIOR' TO THE VOTE BEING TAKEN by publicly stating to the assembly, the nature of your interest in-the measur~ on which you are abstaining from voting; 'and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS' Although you must abstain from voting i'n the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making, any attempt to influence the' decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO'INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and l~ile this form (befOre making any attempt to influence'the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) · ^ copy of the forrn must be provided immediately to the. other members of the agency. · The form must. be read publicly at the next meeting after.the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: .. · You-must disclose orally the nature of your conflict in the measure before participating. · . · You must complete the f°rm and file it within 15 days after the vote occurs with the person responsible for recording the minutes o~ the meeting, who must incorPorate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the nex~ meeting after the form is filed. .... DISCLOSURE OF LOCAL OFFICER'S INTEREST I, 1~,~ ~err±t~ , hereby disclose that on ~¢3~U~ ~8 _, 20 0..1 · .o measure Came or'will come before my agency which (check one) - inured to my special pdvate gain or loss; . inured to the special gain or.loss of my business associate,. .... inured to the special gain or loss of. my relative ......... -inured to the special gain or lOss of ,. Whom ! am retained; 'or ....... J , by _ _ inured to the special gain or loss of . .,. :....... ....... ...... ........... which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the'nature of my conflicting interest in the measure is as follows: U~e AGENDA 'ITEM : ~NO ;'iCU'00~O~l ..'DUKE~ '.ESSAY.~ . petition, of Duk~.~ ~e Energy for a Conditional ~er~t to a~'lQ~.?~'~ '~°nstrUc_~iQ~ and"~'~per~-ion~ of a 56,900 square.fOOt ~(5,400 sqUare feet- ,DU~±~ng an_~. ~±,'b00' s.qu_~are_ feet .-..e~-pment) ,. ~40 m~awat~ ener~ '~eneratin~ plant," to ~be ~nown as Duke Energy, in~ the U.~ (UtiIi~es) Z6n~ng Di~~~ ~ ~ '~ '~ I have been involved~ in the sale of the property- Date Filed ..... - .- ... . ' Signature NOTICE: u'~DER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND"~I',~;Y'' BE' F;UN'isHED'BY ON'~ oR MoRE~ OF THE FOLLOWING .... II~E~HME'NT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 FORM,SB MEMORANDUM OF VO11NG CONi"LICT FOR ..... COUNTY,,, MUN-ICIPA,L, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME'--MIDDLE NAME NAME OF BOARD, COUNCIL. COMMISSION, AUTHORI'rY, OR COMMITTEE .Merritt,. Ed MAILING ADDRESS 4822 S. U. S 1 CITY Fort Pierce, DATE ON WHICH VOTE OCCURRED Janus.'1.8, 2001 · ' J WHICH I SERVE IS A UNIT OF: I NAME OF POLITICALSUBOIVIStON: St. LUcie ! St. Lucie County j LMY. poSrrl6NlsI . L ....... ,,, I Q ELECTIVE ON E3 OTHER LOCAL AGENCY APPOINTIVE WHO MUST FILE FORM 8B This f(~rm is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or'cOmmittee, it applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in Which you have a conflict of interest will vary greatlY depending. on whether you hold an· elective or appointive position. For. this reason, please pay close attention to the instructions on this form before completing th'-e reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.31'43, FLORIDA STATUTES · A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or lo~s. Each eleCted or appointed local officer also is prohibited from knowingly .voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is-retained); to the special private gain or loss of a relative; or to..the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 16'3.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, cooWner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: '~' In addition to abstaini.ng from voting in the situations described above,, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest, in the measur& on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS' .Although you must abStain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the-nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO 'INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN' · You must complete and rile'this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) PAGE I APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. The form must~be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT .BY DISCUSSION AT THE MEETING: .. You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of.the agency, and the form must be read publ!cly at the next meeting after the form is filed. ... DISCLOSURE OF LOCAL OFFICER'S INTEREST I, .Ed Merritt hereby disclose that on ~a~ua~- 18 (a) A measure came or'will come before my agency which (check one) ¥; · inured to my special pdvate gain or losS; inured to the special gain or loss of my business associate, .. inured to the special gain or loss of my relative, inured to the special gain or loss of -- ' . . Whom l am retained; or- . ....... inured to the speCial gain or loss of is the parent organization or subsidiary of 'a principal.which has retained me. (b) The measure before my~agency and the'nature of my conflicting interest in the measure is as follows: L, by which AGENDA 'I~. "3: '. FILE.'NO,.:.'~-0-0.-017 'D~,~'ENER~': .... petition of ~Duke ..F~.~ er~ fo~ a. chang,'e~ in zoning frc~ it:he'!IH~ (Ind'u~tr:i~, 'Hea~)'~-'z~n~ng ~istr±ct to the'u .~ (~tilities ). ..: zoning D±strict, I have been involved in the. sale of the property. Date Filed Signature.' NOTICE: uhJDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTI:'I'UTES'GROUNDS FOR AND"~',~'Y.' BE' iSONIS-HEd'By ON'~ oR MORE~ OF THE FOLLOWINGi"It~E~HME'NT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. , CE FORM 8B- EFF. 1/2000 PAGE2 St, Lucie County Planning and Zoning Commission/Local Planning Agency Regular Meeting Commission Chambers, 3rd floor Roger Poitras Annex January 18, 2001 7:00 P.M. CALL TO ORDER: A. Pledge of Allegiance B. Roll Call C. Announcements 12). Disclosures AGENDA AGENDA. ITEM 1: MEETING.MINUTES DECEMBER 13, 2000 Action Recommended: Approval Exhibit #1: Minutes of the December 13, 2000 AGENDA .ITEM 2: FILE NO. RZ 00-015 WESTCHESTER Petition of Westchester, for a Change in Zoning from AG-I (Agricultural - 1 dm/acre) Zoning District to PUD (Planned Unit Development) Zoning District for the construction of 600 residential dwelling units on 373.06 acres and a Change in Zoning from AG-1 (Agricultural - 1 dm/acre) Zoning District to PMUD (Planned Mixed Use Development) Zoning Disl. rict for the 4 construction of 200 residential dwelling units, 54.0 acres school site, 158,500 square feet of commercial/retail/office space and a 5.13 acre ciWic site on a 208.97 acres of land. Staff comments by David P Kelly Action Recommended: Forward Recommendation to County CommisSion Exhibit #2: StaffReport, Site Plan and Site Location Maps GENDA ITEM 3: F.I. LE NO. RZ-00-017 DUKE E~~Y eiitiofi'of DUke E~aergy fOra chang6 in Zoning'frq~i~e~ (Industrial, Heavy) Zoning District to the U (Utilities) Zoning District. Staff comments by Cyndi Snay. ~,.?~¢~;~ .... ' Action Recommet Exhibit #3: Staff AGENDA ITEM 4: FILE NO. CU-! Petition of Duke Energy for a Conditi. feet- building and 51,500 square feet (Utilities) Zoning District. Staff comn Action RecommeJ Exhibit #4: Staff. tded: FOrward Recommendation to County Comtnission ~eport and Site Location Maps ~0-011 DUKE ENERGY. )nal Use Permit to allow the construction and operation of a 56,900 square foot (5,400 square -equipment), 640 megawatt, energy generating plant, to be known as Duke Energy, in the U ents by Cyndi Snay. ~ded: Forward Recommendation to County Commission ~eport and Site Location Maps AGENDA ITEM ..5.: O~INANCE Proposed amendment to the County's and off-premises sales and display of ACtion Recomme Exhibit #5: Staff, OTHER BUSINESS: A. Other business at B. Next regular Plan Chambers at the R ,, NO..00-001 emporary use provision and sign permit exemptions for certain activates associated with the on _ aotor vehicles. Staff comments by Dennis Murphy tded: Forward Recommendation to County Commission geport and Site Location Maps 2ommission Members' discretion. ling and Zoning Commission meeting will be held on February 22, 2001 in Commission oger Poitras Annex Buildin 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 Cecision made by the Planning and Zoning Commission/kxx:al Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to insure that a verbatim record of the proceedings is made, Which record i~cludes the testimony and evidence upon which the appeal is based. Upon the request of any party tO the proceedings, individuals testifying during a .~earing will be sworn in. Any party to the proceeding will be granted an opportunity to cross examine any individual testifying during a hearing upon (equest. Any questions about this agenda may be referred to the St. Lucie County planning Division at 561/462-1586. St. Lucie County Planning and Zoning Commission/Local Planning Agency Regular Meeting Commission Chambers, 3rd floor Roger Poitras Annex January 18, 2001 7:00 P.M. CALL TO ORDER: A. Pledge~of Allegiance B. Roll Call C. Announcements D. Disclosures AGENDA , AGENDA ITEM !: MEETING MINUTES DECEMBER 13, 2000, Action Recommended: Approval Exhibit#I: Minutes of the December 13, 2000 AGENDA ITEM 2: FILE NO.~':RZ-00-0!5 WESTCItESTER Petition of Westchesmr, for a Change in Zoning from AG, 1 (Agricultural - 1 du/acre) Zoning District to PUD (Planned Unit Development) Zoning District for the construction of 600 residential dwelling units on 373.06 acres and a Change in Zoning from AG-1 (Agricultural -1 du/acre).Zoning District to PMUD (Planned Mixed Use Developmen0 Zoning DisU-ict for the construction of 200 residential dwelling units, 54.04 acres school site, 158,500 square feet of commercial/retail/office space and a 5.13 acre civic site on a 208.97 acres of land. Staff comments by David P Kelly Action Recommended: Forward Recommendation to County Commission Exhibit//2: Staff Report, Site Plan ~and Site Location~Maps PetitiOn of Duke (Industrial, Heavy) Zoning District to the U (Utilities) Zoning District. Stafl comments by Cyndi Snay. Action Recommended: Forward Recommendation to County Commission Exhibit #3: Staff Report and Site Location Maps Petition of Duke Energy for Pernu~ to allow the construction and operation of a 56,900 square foot (5,400 square feet - building and 51,500 squarefeet -equipment), 640 megawatt, energy generating plant, to be known as Duke Energy, in the U (Utilities) 'Zoning District. Staff comments by Cyndi Snay. Action Recommended,. Forward Recommendation to County Commission Exhibit #4: Staff Report and Site Location Maps AGE~A ITEM 5: O~INANqE NO. 00.001 ProPosed amendment to ~the CoUnkv s temporary USe provision and sign permit exemptions for certain aetivates associa_ted with the on and off-premises sales and display of motor vehicles. Staff comments by Dennis Murphy Action Recommended: Forward Recommendation to County Commission - Exhibit #5: Staff Report and Site Location Maps OTHER BUSI ..NESS:. A. Other business at Commission Members' discretion. B. Next regular Planning and Zoning Commission meeting will be held on February 22, 2001 in Commission Chambers at the Roger Poitras Annex Buildin AD4OURN_ 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 CommissionfLocal Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to 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 t6 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 hearing upon request. Any questions about this agenda may be referred to the St. Lucie County Planning Division at 561/462-1586. PLANNING AND ZONING COMMISSION (P&Z) QUORUM SHEET Meeting Date: January 18, 2001 Ed Lounds 595-2525 . yes will. be late Charles Grande 229-9878 Yes , Russell Aikens 489-4671 i Yes Ed Merritt 464-9728 Yes , ' Ramon Trias 460-2200 ,' Yes I Fred R. Jones 468-9859 i Yes i : B ill Heam 461-7526 i Yes Carson McCurdy, Vice Chair 466-7600 Yes , , stefan Matthes, Chairman 464-3537 Yes 5 for quorum H:\WP\WP~P&ZXPZ-DOCSXquorum sht rev. 12/98 PLANNING AND ZONING COMMISSION (P&Z) ROLL CALL SHEET For Meeting: January 18, 2001 MR. MERRITT MR. McCURDY L 0 UND S MR. HEARN MR. 'TRIAS MR. JONES MR. GRANDE MR. AIKENS MR. MATTHES H:\WP~WP~&Z~Z-DO CSXrollcall.p &z rev. 12/99 Agenda Item # ST. LUCIE PLANNING & ZONING COMMISSION DATE: Janua~_ 18, 2001 ,Petition: i A PPR 0 VED DENIED , MR. MCCURDY i . . MR, TRIAS I MR AIKENS 1 MR. JONES.' i , OTHERS IN ~. ~TTENDANCE: ! , H:\WP~WP~&Z~Z-DOCSXvote rev. 12/98 Agenda Item ST. LUCIE PLANNING & ZONING COMMISSION DATE: January 18, 2001 petitiOn: VED APPRO DENIED MR. MERRITT MR.' MC CURD ~Y MR. LO UND S MR. GRANDE MR. TRIAS _ MR AIKENS MR. JONES ~ ' , MR. MATTHE~ OTHERS IN ATTENDANCE: H:\WP~WP~&Z~Z-DOCSXvote rev. 12/98 ST. LUCIE PLANNING & ZONING COMMISSION Agenda Item DATE: Janua~_ 18, 2001 APPROVED DENIED MR. MERRITT MR. MCCURDY MR. LO UND S ~ ' Vx~ i ' MR. TRIAS ~,! MR AIKENS , 2u~. ao2vr~s wa' i i , i MR. MATTHES 0 THERS IN A TTEND~CE: H:\WF'xWP~&ZXPZ-DOCSXvote rev. 12/98 Agenda Item ST. LUCIE PLANNING & ZONING COMMISSION DATE: January 18, 2001 Petition: APPROVED DENIED MR. MERRITT MR. LO UND S MR. GRANDE MR. TRIAS MR AIKENS MR. JONES MR. HEARN MR. MATTHES OTHERS IN ATTENDANCE: , H:\ WF'x WP~ &Z~PZ-D 0 CSXvot e rev. 12/98 ST. LUCIE PLANNING & ZONING COMMISSION Agenda Item # DATE: Janua~ 18, 2001 Petition: rapr oo-_O · A PPR 0 VED ' DENIED MR. MCCURDY MR. G~DE MR. TRIA S , MRAIKENS , OTHERS IN A ~END~CE: ........ H:\WP~WP~P&Z~Z-DOCS~vote rev. 12/98 Agenda Item ST. LUCIE PLANNING & ZONING COMMISSION DATE: Janua~_ 18, 2001 , , Petition: APPROVED DENIED MR. MCCURDY MR. LO UND S MR. GRANDE , , MR. TR IA S , MR AIKENS MR. HEARN , OTHERS IN ATTENDANCE: , H:\WP~WthP&~PZ-DOCSXvote rev. 12/98 ST. LUCIE PLANNING & ZONING COMMISSION Agenda Item # DATE: Janua~_ 18, 2001 Petition: A PPR 0 VED DENIED MR. MERRITT , C~ F-~._O MR. MCCURDY MR. LO UNDS ~' MR. TRIAS MR. JONES .... MR. MATTHES OTHERS IN A TTEND~CE: H:\WP~WP~&Z~Z-DO CSXvote rev. 12/98 Agenda Item ST. LUCIE PLANNING & ZONING COMMISSION DATE: Janua~ 18, 2001 ,, , Petition: '~LiDd ,-~~~ (,).~fY)Cn~S APPROVED DENIED MR. MCCU , . ~ MR G~DE ~ ~ , MR. TRIAS , , MR AIKENS MR. JONES ~ , MR. HEARN , MR. MASHES , 0 THERS IN A TTEND~CE: , , , H:\Wt~W~P&Z~Z-DOCSXvote rev. 12/98 Location - NW quadrant. 1-95 and Gatlin Extension Primarily proposed on converted farm land Part of a larger parcel- additional development as DRI. Gatlin extended to proposed roundabout w/N/S roadway as primary access and possible future connection to Glades Cutoff and beyond. PUD west of referenced N/S road - PMUD east of referenced road. PUD staff report- School/Civic site (4), Wetlands (4)(5) Conditions - aimed at ultimate DRI. Most beyond need for tonight. Still working w/developer on details (draft conditions) for BCC consideration' School to Civic site Roads ongoing negotiation w/city ~Setback section Some conditions should be discussed tonight as related to concept and provision of public services. These are generally those in your packet and highlighted. PMUD - east of referenced N/S roadway -contains residential, civic, and commercial areas TO: FROM' MEMO RA ND.UM COMMUNITY DEVELOPMENT DEPARTMENT Planning and Zoning Commission Dennis Murphy, Asst. Community Development Director DATE: January 10, 2001 SUBJ.ECT: Manufactured Buildings in :Commercial/Industrial Areas Recently, :a concern ,has been raised by the Planning and Zoning Commission aboutthe County's allowance of manufactured buildi'ngs for use as permanent commercial/industrial buildings. Staff has .b. een asked to comment.further.to you on this matter. Manufactured buildings are regulated by the State of Florida, Department of Community Affairs. Manufactu:red.buildi. ngsrthat bear the~Seal of the State of Florida, are by law, deemed to comply with local building COde regulations, provided that no alteration of change to the manufactured building is made. We are not aware of any ability for the County to restrict or prohibit the use of these buildings, subject to them meeting al~ other applicable zoning codes and standards. In recent discussions with DCA staff, .'it has been reaffirmed that we cannot impose .any restrictiOn on these type of units that would not otherrwise apply to all .other types of construction. Therefore, I must report to you .that absent some specific authority that would allow us to.. restdct the ~useof-manufactured 'buildings in the cornmercial and-industrial area, theses buildings are permitted as allowable uses in lieu of a conventionally cOnstructed buildings, subject to all other- applicable zoning codes being .complied with. I.hope that this helps to address any concerns that you may have had in this matter, if there is anything that we can do for you, please let me 'know. / MAUACTBLDGS1(a89) cc: County Attorney PLANNINGAND ZONING COMMISSION REVIEW: 1/18/01 File Number PUD-00-011, RZ-00-015 and MJSP-00-009 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Planning and Zoning Commission FRO'M: Planning. Manager DATE: January 11, .2001 SUBJEC'r: Application of Westchester DeVelopment Company, for Preliminary Planned Unit Development approval for the ~Project Known as Westchester- PUD, and for a Change in Zoning from the AG-I (Agricultural- 1 du/acre) Zoning DiStrict to the 'PUD (Planned Unit Development --Westchester) Zoning District. LOCATION: North. side of Gatlin Boulevard immediately west, of the !-95 Interchange, approximately one mile west of the intersection of Gatiin Boulevard and Brescia Street. ZONING DESIGNATION' AG-1 (Agricultural Residential 1 - du/acre) PROPOSED ZONING: PUD (Planned Unit Development- Westchester) LAND USE DESIGNATION: RU (Residential. :Urban) PARCEL SIZE: 373.06 acres PROPOSED USE: 600 Single-Family lots with associated infrastructure, recreational uses .and required open space. SURROUNDING ZONING AG-1 (Agricultural ' 1 du/acre).to the north,, south, e'ast, ...,and west. SURROUNDING LAND USES: RU (Residential Urban) to the north, south'and west; and MXD Gatlin Boulevard to the east. FIRE/EMS PROTECTION: Station #10 (777 SW DaltOn Road), is located approximately 5 miles to the east. UTILITY SERVICE: Port St. Lucie Utilities or St. Lucie West will provide water and sewer services. January 9, 2001 Page 2 Petition: Westchester pUD File No.: PUD-00-011, RZ-00-015 :and MJSP-00-009 TRANSPORTATI. ON IMPACTS RIGHT, OF-WAY ADEQUAC'Y: SCHEDU'LED IMPROVEMENTS: TYPE OF CONCURRrENCY DOCUMENT REQUIRED: See Comments See Comments Certificate of Capacity. STA:NDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUClE COUNTY LAND DEVELOPMENT CODE in reviewing this application for propoSed rezoning, the Planning and ZOning Commission shall consider the fOllowing determinations: Whether ~the proposed rezoni:ng is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed rezoning has.been .determined to not be in conflict w'ith any applicable provision of the'St. Lucie County-Land DevelOpment Code. The application for Preliminary Planned Unit Development (PUD) 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. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; ~' The applicant has demonstrated that the proposed ~amendment would be consistent with all elements of the St. Lucie County Comprehensive Plan. This change in zoning will, for example, allow the applicant to develOp the subject property in a manner that encourages innovative use .of land. This Planned Unit Development (PUD) will result in a lesser idensity than that which would, be allowed under the current future land use designation. There.are 600 single,family lots proposed for construction within the ~, Westchester PU-D. If the subject Property were developed at its maximum residential density, 1'865 .dWelling units would be possible. ., Whether and 'the .extent to which the proposed zoning is inconsistent with the existing and proposed land. uses; January 9, '2001 Page 3 Petition: Westchester PUD File No.: PUD-00-011, RZ-00-015 and MJSP-00-009 m Sm This proposed change in zoning and the accompanying Preliminary Planned unit Development site plan have been determined to be consistent with the general land uses in the surrounding area. The Future Land Use Maps of the St, Lu¢ie County -Comprehensive Plan indicate that.the petitioned property is suitable for development at a.density of 5.dWelling units per gross acre. The proposed development indicates a gross density of 1~.61 dwelling units per acre. Whether there .have 'been changed conditions that require an amendment; _ There are no changes that would 'require an amendment. Whether and the extent to which the proposed amendment would result in demanrds 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 transpo~ation, facilities, sewage facilities, water supply,.par'ks, drainage, schools, .SOlid Waste, mass transit, and emergency medical facilities; The proposed site plan, which is tied. to this rezoning, is expected to create additional demands on.all public facilities in this area. As the proposed development is loCated within the service :area-of the Po~ St. Lucie Utility Department, the applicant was required to provide sufficient documentation stating capacity was avail.able to meet the needs of.the The Port St. Lucie Utility Department has provided a letter stating that. available to supPort the, proposed-development, The developer 'is currently working with the city to secure this service. Water and sewer service are alsO available from St. Lucie West. The subject proPerty is located' west of the :existing terminus of Gatlin Boulevard. According to the applicant's traffic impact report the following three roadway facilities, which are located within the project .study area, are scheduled for improvements within the Port St. LuCie Capital Improvement' Program (ClP): Airoso Boulevard 4-lane divided from Port St. Lucie Boulevard to FY-2000-2001 Prima Vista Boulevard Gatlin Boulevard 4-lane divided from 1-95 to Port St. Lucie Boulevard B a y s h o r e 4-lane divided from Port St. Lucie Boulevard to Boulevard Prima ViSta Boulevard '['he applicant's Traffic Impact Report (TLR) indicates that the proposed project will not negatiVely affect any of the surrounding roadway links. The applicant has stated within the Traffic Impact Report (TLR)that they will commit to constructing that portion of Gatlin BouleVard as a fOur lane divided roadway from 1-95 to the projects entrance, a distance of approximately one-mile, FY 2001-2002 FY 2001-2003 Januarys9, 2001 Page 4 Petition: WestcheSter PUD File No.: PUD-00-011, RZ-00-015 and MJSP-00-009 1 In addition, 'the applicant will construct a section of a new north/south arterial roadway which will .ultimately connect to Glades Cutoff Road. This additional arterial will be.a 4- l.ane facility and intersect the southern property line at Gatlin Boulevard, approximately one mile weSt of i-95. Further, the applicant is proposing, to construct a new north/south collector road as part of the proposed development. This collector roadway is proposed to be located approximately Y~ mile west of 1-95. This collector roadway facility, will provide direct access to a proposed school, a portion of the proposed residential development and all propoSed commercial uses. The proposed development will provide approximately 185.5 acres (49.72% of the site) as open space, This open space includes the 13.73-acre recreational facility and 79,45 acres of common area. in addition 33.05 :acres of wetlands will be incorporated into the site design 'and-~ 5~9.27 .acres of lakes will be ~constructed within the design. .. The proposed development will address its .impact on the school district through the provision~ of .a 12.38 acre school site and/or the construction and operation of a school on a 54 acre~:site~within the Planned Mixed Use (PMUD) Development' area which is located t.o the east of this PUD. Whether and the extent to which the .proposed amendment would result in significant adverse rimpacts on the natural environment; The proposed amendment is not anticipated to .create adverse impacts on the .natural- environment. The applicant through the PUD (Planned. Unit Development) approval process, has proPosed a development plan that provides for the protection of enrVir0nmentally sensitive areas. The applicant will need to obtain all permits relating to environmental~ impacts on the:~site prior to any construction. These agencies include but are not limited to the Army Corp of Engineers (ACOE), South Florida Water Management DiStdct (SFWMD) and the Florida Game and Freshwater Fish Commission, -['he environmental impact=report (EIR) indicates that them are a number of wetlands located throughout the subject land parcel, in.this phase of development, the applicant is proposing to preserve all of the wetlands located on the land parcel. This will-result in no net loss of wetlands for this development. 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 within the urban service boundary west of the 1-95 Interchange along. Gatlin Boulevard west of Port St. Lucie. The logiCal growth pattern within this area will allow for the development.of this project as an integrated January 9, 2001 'Page 5 Petition: Westchester PUD File No.: PUD-00-011, RZ-00,015 and MJSP-00-009 development with residential and required service components. In this manner, the applicant is proposing to 'incorporate a portion of'the smart growth ideas into the'design of the overall project. There will be two sections developed within Phase i of the overall development. The first sectio.n is the 600 unit PUD conSidered in: this petition. The second section is a ~Planned 'Mixed Use development (PMUD) which 'incorporates 200 residential ~units along with commercial and civic uses. . Whether the proposed amendment would be in conflict with the-pUblic interest, and is in harmony with the Purpose and intent of this Code; 'l-he 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 II I III I II The petitioner, WestchesterDevelopment Company,.is proposing the development of the phase one of an integ:rated project which will include residential, commemial and civic uses. This petition.covem the Westchester PUD, a 600 unit single-family residential subdivision identified as "Westside"in the attached plans, The total phase one project is 581.63 acres .diVided ~ into :this 208.57 acre Planned .Mixed Use Development (PMUD) and a 373.06 acm PUD whiCh is the subject of'thiS petition:. The PMUD ,Will be considered as a separate but related project. As.a PUD (Planned-.Unit Development), the project proposes to develop the Subject property with. some flexibility, ,.such as establishing area and yard standards which are. different from those required in the 'stand:ard zoning districts, and the ability to cluster dwelling Units to. protect.enviro:nmentally rsensitive .areas on site,r The developer is thus able to :reduce 'the environmental impacts on'the proPertY to a greater degree than with more conventional development. The 'proposed development will preserve 33,05 acres of the 34.89 acres of existing wetlands found on the site, Section 7,01.0.3(i) of the .St. Lucie County Land Development Code requires that 35%(130.57 acres) of the site must consist of.open, space, a minimum or 15% (1'9.58 acres) of which, must be native upland habitat preserved in its natural condition. The planned development maintains 49.72% of the project area in. open space. Wetlands account for 33.05 acres (8.9%), the recreation~ tract is 13.73. acres(15.8%),, common open space .is 79.45 acres .(21 .,.,.q%~',, and lake features are-59.27 acres (15~8%). The remainder of: the project consists of those areas designated for residential develOpment. The open space calculations do not include any front, side or back yards. Staff has determined that the proposed zoning designation and the Preli. minary Planned Unit Development Site: plan is compatible with the existing and proposed uses in the 'area. This petition meets the standards of review as set forth in Section 1'1.06-.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. This development will be at a density below what is permitted by the January 9, 2001 -Page 6 Petition: Westchester PUD File No.: PUD-00-011, RZ,00-015 and MJSP-00'009 FUture I-and Use-Designation of this .property. In considering any approval actions, staff recommends that you forward .Resolution attached with this .petition to the Board of · County Commis'sio.ners with a recommendation of ~appr0vai subject to the conditions found .in said resolution. "-Please contact this office if you have any questions on this matter. Attachment cs cc: Westchester Development Company Greg Boggs, ThomaS Lucido & Associates File Suggested motion to reco~end approval/denial of this .requested conditional use. MOTION TO APPROVE: 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, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF WESTCHESTER DEVELOPMENT ~,COMPANY, FOR A PRELIMINARY PLANNED UNIT DEVELOPMENT APPROVAL FOR THE ~PROJECT KNOWN AS WESTCHESTER - PUD, AND FOR A CHANGE IN ZONING FROM THE AG-1 (AGRICULTURAL- 1 DU/ACRE)'ZONING DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT - WESTCHESTER) ZONING DISTRICT, BECAUSE... [CITE REASON(S) WHY- PLEASE BE SPECIFIC'] MOTION TO DENY: A~ER CONSIDERING THE TESTIMONY PRESENTED: DURING THE PUBLIC HEARING, INCLUDING STAFF .COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH SECTION 11.07.03, ST. LUCiE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZON~G iCOMMISSION RECOMMEND THAT THE ST. LUCIE.COUNTY BOARD OF COUNTY coMMISSIONERS 'DENY THE APPLICATION OF WESTCHESTER DEVELOPMENT COMPANY, FOR A PRELIMINARY PLANNED UNIT DEVELOPMENT APPROVAL FOR THE PROJECT ~OWN AS WESTCHESTER- PUD, AND FOR A CHANGE IN ZONING FROM THE AG-1 (AGRICULTURAL- 1 DU/ACRE) ZONING DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT- WESTCHEsTER) ZONING DISTRICT, BECAUSE... .__ [CITE REASON(S) WHY - PLEASE BE SPECIFIC] _ Section 3.01.03 Zoning District Use Regulations 3.01.03 ZONING' DISTRICTS A. AG-1 AGRICULTURAL- 1 1. Purpose The purpose .of this diStriCt is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings, Residential densities are restricted to a.maximum of one (1) dwelling unit. per gross acre. The number .in "0" following each 'identified use corresponds to the SIC code reference described in Section 3.0!.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. 2. Permitted Uses . ao f. Agricultural production - crops (o~) AgriCultural production -.liVestock & animal specialties (02) Agricultural Services (0~) -- 'Family day care homes. -Family residential homes provided:that such homes shall .not be located, within .a radius of .one thousand (I ,000) feet of another-existing-such family residential home and provided that the sponsoring agency 0~: Depa~ment of Health and Rehabilitative Services (HRS) notifies the Board.of COunty COmmissioners at the time of home occupancy that the home 'is-licensed by HRS. (~9) Fishing, hunting & trapping (0~) Forestry. Kennels. (0752) Research 'Facilities, Noncommercial ¢733) Riding stables.-(7~) Single-'family detached dwellings. Lot Size Requirements Lot size requirements shall be in accordance with-Table 1 in Section 7.04.00. . Dimensional Regulations Dimensional requirements shall be in accordance, with Table 1 in Section 7.04.00~. o . . 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.r00. Conditional Uses Agricultural labor .housing,. (999) Adopted August 1, 1990 94 Revised Through 08/01/00 o Section 3.01.03 Zoning District Use Regulations b. e. Aircraft .storage and equipment maintenance. Airports and flying, landing, and takeoff,fields. Family-residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) Farm .products warehousing and stOrage. (4221/4222) Gasoline service stations. Industrial wastewater disposal. Manufacturing: (1) Agricultural chemicals · (2) Food & kindred .products (3) Lumber & wood products, except furniture Mining and-quarrying of nonmetalic .minerals, except fuels. ¢4) Retail trade: (1) Farm equipment and related accessories. (2) Apparel & accesso~ stores. Sewage disposal subject to the requirements of Section 7.10.13. Telecommunication TOwers - sUbject to-the standards of Section 7.10.23 Camps - sporting and recreatiOnal, {7032) Accessory Uses Accessory uses :are subject to the. requirements Of Sectign 8,00.00, and include the following: a, Mobile homeS subject to the requirements of Section 7.10.05. :Retail trade and wholesale trade - subordinate to the primary authorized use or activity. Guest house subjeCt to the requirements of Section 7.10.04. (.~) Adopted, August 1, 1990 95 Revised Through '08/01/00 CHAPTER Vii DEVELOPM'ENT DESIGN AND I,MPROVEMENT STANDARDS 7.00-00 GENE'~L PROVISIONS 7.00..01 PURPOSE The purpose of this Chapter is to ,provide development design and improvement standards applicable to development activity in the unincorporated area of the County. 7.01.00 PLANNED UNIT.DEVELOPMENT 7.01.01 PURPOSE The planned Unit Development (PUD) ~Districtis intended to achieve residential land development of superior quality through the encou-ragem'ent of flexibility and creativity in .design options that: A. permit creative approaches 'to the development of residential land reflecting changes in the technology' of land-development; B, Co D. 7.01.02 allow for 'the efficient use of land, which can result in smaller networks of utilitieS and streets and thereby lower development costs; 'allow design options that encourage an environment of stable character, compatible with surrounding land uses; and. permit the en~hancement of neighborhoods through the preservation of natural features, the provision of underground utilities, and the provision of recreation areas and open space.. AUTHORIZED. USES A. PERMITTED USES Any permitted, conditional or accessory .use 'in. the Agricultural-1 (AG-1); AgriCultural-2.5 (AG-2.5); Agricultural-5 (AG-5); Residential/Conservation in the Agricultural-1 (AG-1); Agricultural-2.5 (AG-2.5); AgricUltural-5 (AG-5); Residential/Conservation (RC); Residential, Estate-1 (RE.l); Residential, Estate.2-(RE-2); ReSidential, Single-Family-2 (RS-2); Residential, Single-Family-3 (RS-3); Residential, Single. Family-4 (RS~); Residential, Multiple-Family-5(RM-5); Residential, Mobile Home- may be Permitted in a Planned Unit Development District subject to complying with the residential densities described in, Section 7.01.03(B). Adopted August 1, 1990 375 Revised Through 08/01/00 Section 7.01.00 Planned Unit Development . NONRESIDENTIAL DEVELOPMENT USES 7.01.03 Uses of the types permitted in. the Commercial, Neighborhood (CN)District ~are also permitted up to an amount not to exceed three (3) percent of the. gross area of the Planned Unit Development or ten (10) 'acres, whichever is leSs. In. addition, playgrounds, public and non.public parks, golf courses, country clubs, bicYcle paths, racquet sports facilities, riding stables, marinas, clubhouses, and lodges may be permitted in a Planned ~Unit Development District. STANDARDS. AND ~REQUIREMENTS 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. The maximum possible ~permitted densi~ of a planned.Unit Development shall not exceed the density reflected in the Futuro. Land UseMaps of the Comprehen~/ive Plan. On North and South Hutchinson Island,'the provisions of SeCtion 3,01,03(AA)(8) shall govern. AREA, YARD, AND HEIGHT REQUIREMENTS D. Area, yard, and height requirements shall be determined at the time of Preliminary and Final Development Plan approval, except.that for any stru.cturo on North or South .Hutchinson' Island that has not been, occupied, constructed, or has not received a building permit, site plan or other County development approval as a Permitted use prior to January 10, 1995 the requirements of Section 4.01...00~ HUtchinSon:. Island. Building Height OVerlay Zone shall apply, PUBLIC FACILITIES . The .Planned Unit Development shall 'be designed and located so them will be no: net public cost for the provision of Water lines, sewage lines, storm and surface drainage systems, and other utility systems. ~ . The minimum size of all water 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 by the St. LUcie County-Ft. Pierce Fire Prevention Bureau. Adopted August 1, 1990 _ 376 Revised Through 08/01/00 i Section 7.01.00 Planned Unit Development E, The maximum number of fire hydrants that may be located on any dead end water main is one (1), ¸4., Fire hydrants shall be provided at a minimum spacing of one every six hundred (600) feet unless otherwise approved by the St. Lucie County-Ft. Pierce Fire Prevention Bureau. TRAFFIC AND PEDESTRIAN CIRCULATION . 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. ¸2. Principal vehicular access points shall be desirgned to permit smooth traffic flow with controlled turning movement-and minimum hazards to vehicular or pedestrian traffic. Minor streets within the Planned Unit Development shall 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 ir'will' not create traffic congesti0n,on the aderial and collector roads surrounding the project, or :such surrounding collector or aderial roads shall be i'm:proved so that they Will not be adversely affeCted. ,. All n, on-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 under private ownership, Said ~streets and ~ associated improvements shall comply with all pertinent County regulations and ordinances, however, variations to the standard minimum right-of- way widths may be considered as part of the Planned Unit Development if it is shown to the satisfaction.of the Board.of County Commissionem, that the requested variation is consistent with _the intent of the County's roadway construction standards and necessary for the design of the Planned Unit. Development. . All roads and streets shall intersect at an. approximate +5° angle, of ninety degrees (90°) unless circumstances .acceptable: 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 C. ollector 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 lengih. Cul-de, sacs shall be-provided at the end of all' dead end road's or streets greater than five Adopted August 1, 1990 377 _ Revised Through 08/01/00 Section 7.01.00 Planned Unit Development hundred and' one (501) feet in ~length. 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 tothe end of the dead-end street or roadway. Ali cul-de-sacs shall ~have a' .minimum right-of, way diameter of one hundred (100) feet. I.f the dead end roadway is five hundred (500) feet or less in length, a "Y" or "T" type of turn around may be approved. If a 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. 11. 12; In the center.of the cul-de-.sac an unpaved island, surrounded by a curb, .improved with grass and landsca:ping that will' not interfere with sight distance., may be provided, Center islands shall .have a. diameter of not less than seventeen (.17) feet, unless otherwiSe 'approved through -the review of the'Planned Unit. Development. All roadways, exclusive of interior parking and access aisles areas, regardless of:ownershiP, shall be lOcated 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-mad right-of- -way. Any pedestrian circulatiOn system and its related 'walkways shall be insulated from the vehicular street system..'Ibis shall include, when deemed to be necessary by the Board of Coun~ Commi~ssioners, pedestrian underpasses or overpasses in the'vicinity of playgrounds and other recreation, areas, local shopping areas, and other neighborhood uses :which generate a considerable amount of pedeStrian traffic. Access points Cheil collector or arterial.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 - tra~c congestion. PARKING. AND LOAD'I.N~G 1. General ProvisiOns a¸o The number, type¢, and: location of' parking spaces shall be'determined at the time of final Planned Unit Development plan approval. The determination of the number of spaces required shall be based on Section 7.06.01 (F) of this Code. The number of parking spaces required by this section may be reduced based on substantial competent eVidenCe that the reduced number of spaces is adequate for the proposed use or that parking may be shared-by, proximate uses that operate at different times Cron different days-. Reserved parking .spaces may be provided, in. lieu: of paved spaces,, subject Section 7.06,02(C)of this Code. Adopted August 1, 1990 , 378 Revised Through. 08-101100: Section 7.01.00 planned Unit Development .¸ . OFF Street 'Parking and [.oading Off. street parking and Io of this Code. and the foil ao -Off-street Parki~ between adjace~ b. Off-street parkir pedestrian walk~ ading requirements are governed by Sections 7.06.02 and 7.06.03 owing standards: ~g and loading areas shall be designed to provide travelways '~t uses while discouraging through traffic. g and loading areas shall be screened from adjacent roads and ~/ays with hedges, dense planting, or changes in grades or walls. on Street .'Parking St..Lucie. Coun~ Code, Where such on street parking and: loading is used, it shall be consistent with design standards: a The. minimum, 2 ~- . . si e of a parking stall' shall be as follows: · parallel angled handicapped(an! b. HandicaPped pa~ c. Access for emer! G. LIGHTI:NG. H,o No mom than fif withoUt being int{ All lightin'g facilities shall be arra¢ interference of anY kind to adjoini LANDSCAPING~ AND NATU ~RAL 1. Native trees and vegetal practicable. 2. Ali sensitive environmenl practicable. 'allel) ;lied) 8 feet X 23 feet 10 feet X 18 feet 12feet X 23 feet 12 feet X 18 feet rking spaces shall be appropriately marked. ]ency: fire vehicles shall be in accordance with NFPA standards, .een (15)parking spaces shall be permitted in a continuous row ~rrupted by a minimum, landscape area of 360 square feet, ged in such a manner so as to. prevent direct glare or hazardous 3g streets or properties. FEATURES ion-and other, natural features shall be preserved to the extent al vegetation', trees and' areas shall be preserved to the ext~nt Adopted August 1, 1990 379 Revised Through 08/01/00. Section 7.01.00 Planned Unit Development . Landscaping .for 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 ofland 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 str.eet, road or drainage rights-of-way, abOve ground utilities, excluding stormwater treatment facilities, and parking areas. A minimum.of 15 percent of any existing native 'upland habitat on the property, must be preserved in its natural condition as part of the.required 35 percent common'open .space, For each acre ~of preserved natiVe habitat above the required minimum 15 percent that is preserved' in its Original. state, credit Shall. be given at a rate.of 150 percent pE~'acre towards the remaining common open space mquir.ement. All areas, t.o be dedicated for 'common .open space shall be identified as part of the Prelimina~ Development Plan-for the Planned Unit Development. Areas that are floodways, .lakes, wetlands, .and stormwaterretention areas may 'be applied to satisfy the total common open..space requirement, subject to tho requireme.nt that i 5% of any existing native habitat On the Prope~ mUSt be included as. Pa~ of therequired 35% common open space. As part' of'the Final Plan'ned unit Development submission process, the developer or petitioner for the .Planned Unit Developm:ent shall provide for one of the following: a. 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. Alii such d:edications or conveyances shall be completed prior to the issuance o~ any building permits, including land clearing, for any portion of the ~Planned unit~DeveloPment ;or, b. A phased conveyance of the land .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. 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 parcel 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. . Areas provided or reserved to meet any other environmental preservation or protection requ. iroments of this code or other lawful: regulatory authority may be counted towards the overall common open space requirement, provided that the common open space meets the Adopted August 1, 1990 Revised Through 08/01/00 Section 7.01.00 Planned Unit Development J. K. requirements of this Code. SETBACKS FROM AGRICULTURAL ,LAND Planned Unit Developments adjacent to land used for agricultural purposes, or designated for agricultural'use on the Future Land USe Map of the St.' Lucie County Comprehensive Plan, shall provide setbacks from the agricultural land sufT1cient to protect the function and operation of thOse uses from the encroachment of Urban. activities or uses,. P.HASING Planned Unit Development may be developed in more than one stage or phase. ,. If:a Finai.rDevelOpment Site Plan approved :by the Board of County .Commissioners isto be developed in stages or-phases, each successiYe phase shall be constructed and developed in a reasonablY continuous ,fashiOn. No .mom than two (2)-years shall elapse between the (10) years of the 'date of Final:Development Site Plan approval.. Extensions of the abOve requirements are. subjeCt to approval by the-Board of County Commissioners. Unless othe~ise amended.by the Board of Count= CommiSsioners: through, the-.Final Development Site Plan review process, the following sequence of deVelopment must be adhered to: a.. . .One or more-majOr recreation facilities and :other major amenities, planned to serve the entire .devel{o.pment' Shall be cOmpleted or adequate security posted prior tothe issuance of building or mobile home permits of more than forty (40) percent, ,or other pementage as determined ,by the Board to be appropriate based on circumstances that include the size of the project and the phasing .schedule, ofthe total- number of authorized dwelling units., facilities or facilities and other amenities planned to- ) phase of 'a m,u'lti-phased development: shall 'be. com posted prior to issuance of building or mobile home permits or the, recording of any final plat within that phase, bo No commercial facility shall be permitted prior to the completion of at least forty (40) percent of the. total number of authorized dwelling units; and, Co For .Planned Unit Developments to be constructed in stages or phases, the 'net density of an-individual stage or phase may vary from the approved' Final Site Plan subject to the requirements in Section 1.1.02.05. Adopted. August 1, 1990 _ 381 Revised Through 08/01'/00 [ o · OKEECHOBEE COUNTY T 36 $ ? ~5 s SNEEO ROAD HEADER CANAL 37 S~~. T 34 S i-- A Petition of St, Lucie Farms Inc. fOr a Rezoning from AG-1 (Agricult.ural, 1 unit/acre)to PUD (Planned Unit Developm, and PMUD (Planned'Mixed Use Development) for the project known as WestcheSter, an. ar0:0 it mixed 'use residential development. , ' i ..... :: . ~, , ..... , , ., , ~ ~ , RZ 00-01'5 Comr This pattern .... indicates eeograP[Map subject parcel nunity Development )hic Information Systems prepared December 1, 2000 N PLANNING AND ZONING'COMMISSION REVIEW: 1/18/01 File Number RZ-00-017 M E M ORAN D U M DEPARTMENT OF COMMUNITY DEVELOPMENT TO- FROM- DATE: Planning and Zoning Commission Planning Manager .~~'/'-- Janua~ 9, 2001 SUBJECT: LOCATION: Application of Duke Energy Ft. Pierce, LLC, for a Change in Zoning from the IH (Industrial, Heavy) Zoning District to the U (Utilities) Zoning District. Southeast side of Glades Cut-Off: Road, .approximately one mile southwest of'the intersection of Glades Cut Off Road and Selvitz Road. EXISTING ZONING: PROPOSED ZONING: IH (IndUstrial, Heavy) U (Utilities) FUTURE LAND USE: IN-D (Industrial) PARCEL SIZE: Parent Parcel Petitioned Area 215.06 acres 99,5 acres PROPOSED USE: The purpose of the requested change in zoning is to allow the construction and operation .of a 56,900 square foot, 640 megawatt electric generating plant. PERMITTED USES: Section 3.01.03(W), U (Utilities) identifies the designated uses which are permitted by right, permitted ~as an accessory use, or permitted through-the conditional use process in the U (Utilities) Zoning District. Any use designated as a "ConditiOnal Use" is required to undergo further review and approval'. Any use not identified in the zoning district regulations is considered to be a prohibited use in that district (See Attachment "AA"). In this case the proposed use., an electric generating plant, will require a Conditional Use Permit. This Conditional Use Permit may only be reviewed after the petition for change in zoning has been approved. January 18, 200'1 Page 2 Petition: Duke Energy File RZ-00-017 SURROUNDING ZONING: SURROUNDING 'LAND USES: FIR~EMS PROTECTION: UTILITY SERVICE: TRANSPORTATION IMPACTS RIGHT-OF'WAY ADEQUACY: SCHEDULED IMPROVEMENTS: TYPE OF CONCURRENCY DOCUMENT REQUIRED: IH (Industrial, Heavy) surrounds the petitioned property to the north, east and west; and to the south is AR-1 (Agricultural, Residential- 1 du/acre) and IH (Industrial, Heavy). The existing uses in this area are industrrial and agricultural in nature. Station #6 (350 E. Midway Road), is located approximately 5 miles to the northeast. On site wellS will provide water service. On site sewer will be provided through a septic tank. The existing right-of-way for Glades Cut-Off Road is 100 feet. None Concurrency Deferral Affidavit. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE in reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the folloWing determinations: 1. Whether the proposed rezoning .is in conflict.with any applicable portions of the St. Lucie County Land Development Code; The .applicant is requesting a change in zoning from the IH (Industrial, Heavy).Zoning District to the U (Utilities) Zoning District. The area in which the subject property is located is currently zoned IH (Industrial, Heavy) and being utilized' for industrial uses, agricultural uses and citrus groves. The stated purpose of this change in zoning is to allow for the development of a 56,900 square foot, 640 megawatt electric generating plant. Th~ U (Utilities) Zoning District has been determined to be an acceptable zoning district for the establishment of this type of operation, subject to further site specific review as part of the Conditional Use process. January 18,2001 Page 3 Petition: Duke Energy File RZ-00-017 3. = = = Whether the proposed amendment is consistent with all elements of the St. LUcie County Comprehensive Plan; Table 1.6 of the Future Land Use Element, Data and Analysis, indicates those zoning classifications.allowed under the IND (InduStrial) Future Land Use Designation According to this table, the U (Utilities).Zoning District is considered to be acceptable within th'e areas designated with a Future Land,Use ClassificatiOn of IND (Industrial). Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed zoning .district is considered to be consistent with existing and proposed future land use designations in the area. The surrounding properties are being-used as either industrial.businesses or as groves. The permiEed uses in the U (Utilities)Zonigg-District are not expected to unduly impact the surrounding area or. uses. Any other use in the U :(Utilities') Zoning District. would be subject to Conditional Use approval prior to any final au.thorizations. There.are no residential .structures.adjacent to the subject property. Whether there have been changed conditions that require an amendment; Overall'the .development.pa~ern in the general area of the subject parcel has been changing to' one of heavy industrial .uses interspersed with utility uses. There is an exiSting gas pipeline and an addirtiOnal proposed gas-pipeline within proximity to the north of the subject property. In addition, the subject property, will have access to the power grid. along the .east. ern property line throu:gh the'Midway Road Substation. The existence of these utilities has resulted in several powor plants being proposed for development in this general area. Whetrher and the extent to which the proposed, amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, .schools, solid waste, mass transit, and emergency medical facilities; The rezoning of'the property is: not expectedto create significant additional demands on any public facilities in-this area. Public utilities'have not.been installed'this far west in the county. The subject property is .currently being utilized for 'agricultural purposes as pasture land.. Prior to the approval of .any final development plansr on the subject property, the aPplicant will need to provide documentation Verifying that sufficient' facilities are in place to support the use.. Whether and the extent to which the proposed amendment would result in signific~int adverse impacts, on the natural environment; The proposed change 'in zoning itself is not anticipated to create adverse impacts on the-¢ natural environment. The applicant/property owner will be required to comply with all federal, state, and loCal environmental regulations as part of any submitted development January 18,2001 Page 4 Petition: Duke Energy File RZ-00-017 a ¸8. plans for'the site, In addition, during the Conditional Use and Site Plan review process the impact of noise and pollution on the .natural environment will be considered. The site does not contain any knoWn unique or threatened habitat. The petitioned property is currently being used ~as pasture land. Whether*and the extent to which the proposed amendment would result in an orderly and logical developmenrt-pattern speCifically identifying any negative affects of such patterns; The subject prope~y'is currently being utilized as pasture land. The surrounding properties uses and' zoning are-more compatible with the utilities zoning than with the current agricultural.uses. The reclassification of this property to a zoning district such as the utilities zoning district would not result in the introd'uction of incompatible :land uses or activities with the surrounding industrial activities. Whether the proposed amendment would be in conflict with the public interest, and is i.n harmony with.the purpose and intent of this 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~Lan.d Development Code. COMMENTS The petitioner,-Duke ,Energy Ft. Pierce, L.LC, has requested this change-in zoning from the IH (Industrial, HeaW) Zoning .'District to the 'U (Utilities) Zoning District for property on. the' southeast side of Glades Cut-Off Road, approximately one mile south of the. intersection of Glades Cut Off Road .and SelVitZ Road. The indicated purpose of this change in zoning is to allow for the submiss:~on of an a-ppi~cat~on for cond~t~ona~ use.permit to allowthe construction and operation of a 56,900 square foot, 640 megawatt, electric generating plant on the subject property. The 'subject property is in an area designated within the Comprehensive Plan. as being compatible with or for the U (Utilities) Zoning 'District. 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 tho St. LU¢io~ GountyCom. prohonsivo Plan. Staff rocom.monds that you forward this potition to tho Board of Gounty Gommissionors with a rocommondation of approval. Please contact this office, if you have any questions on this matter. cs cc: County Attorney Public Works Director Noreen Dreyer, Esquire Duke Energy Ft. Pierce, LLC File H: \ wp~xezonin g\Duke Energy\dukerezone. wpd Suggested motion .to recommend approval/denial of this requested change in zoning. MOTION TO. APPROVE: AFTER CONSIDERING T~ TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COM~NTS, A~ THE STANDARDS-OF REV1EW AS SET FORTH IN SECTION 11.06,03, ST. LUC~ COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT T~ ST. LUCIE CO~L~TY BOA~ OF CO~TY COMMISSIO~RS GRANT APPROVAL TO THE APPLICATION OF DU~ E~RGY FT. PIERCE, LLC, FOR A CHANGE IN ZONING FROM T~ IH (~USTRIAL, ~AVY) ZON~G DISTRICT TO THE U (UTILITIES)' ZONING DISTRICT, BECAUSE ..... ['CITE REASON WHY - PLEASE BE SPECIFIC]. MOTION TO DENY:.. AFrER CONS_~ERiNG T~ TESTIMONY PRESENTED DURING T~ P~LIC HEARING, INCL~ING ST~ COUNTS, AND. T~ STA~ARDS OFRE~W AS SET FORTH IN SECTION 11,06,03, .ST. LUC~ COUNTY LAND DEVELOP~NT CODE, I ~REBY MOVE THAT T~ PLA~G A~ ZO~G CO ~MMISSION ~COMMEND THAT THE ST. LUCIE CO~TY BOA~ OF CO~TY CO~SSIO~RS' DENY T~ APPLICATION OF DU~ ENERGY FT. PIERCE, LLC, FOR A CHANGE IN ZONING FROM THE IH (INDUSTRIAL, HEAVY) ZONING DISTRICT TO THE U (UTILITIES) ZONING DISTRICT, BECAUSE ..... [CITE REASON WHY - PLEASE BE SPECIFIC]. C Section'3.01.03 Zoaing District Use Regulations Wo . . . o . 'UTILITIES Purpose ,['he purpose of this district is to provide and protect an environment suitable for utilities, transportation, and communication facilities, together with such other uses as may be compatible with utility, tran.sportation, and .communication facility surroundings. The-number in "()" 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 Air transportation services (451,452) Agriculture, including farms, groves, and ranches. Communication; (48) Electric services (4~) ' Electric transmission rights-of-way. (,,~.) Gas pipeline rights-of-way. (,,2) Gas production and distribution (492) Industrial wastewater disposal. Railroad, rapid rail transit, & street railway transportation. (40,41) Sanitary services Transportation services (4z) Telecommunication towem - subject to the standards of Section 7.10.23 (~,) Water,supply and, irrigation systems. Water transportation (44) 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 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 Airports. (,~58), Electric generation plants. Gas production plants. Land clearing and yard trash recyclin9 operations - subject to the provisions of Section Adopted August 1, 1990 130 Revised Through 08/01/00 Section 3.01.03 Zoning Distdct Use R. egulations . e 7.10.12. (999) Natural'or manufactured gas storage and distribution points, (4:92) Protective functions and their related activities - Correctional institutions (9223) Solid waste disposal, ~4953) Outdo:or shooting ranges, providing site plan approval is obtained according to the provisions of Sections 11.02.07 through 11.02.09 and :Section 7.10.19 of this Code. (999) Accessory Uses '- Accessory uses are subject tothe requirementS of Section 8.00.00 and include the following' a. Automobile and truck, rental services. b. Restaurants, (Including the sale of alcoholic beverages for on premises consumption only.) (999) Adopted August 1, 1990 131 Revised Through 08/01/00 Section '3.01.03 Zoning District Use Regulations U. IH INDUSTRIAL, HEA .VY 1. Purpose The purpose, of this district is to provide an environment suitable for heavy manufacturing and other activities that may impose undesirable noise,, vibration, odor, dust, or other offensive effects on the surrounding area together with such rother non-residential uses as may be necessary to and compatible with heavy industrial surroundings. The number in "()" 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. 2. Permitted Uses Any use permitted in the Industrial Light (IL)zoning district: ao c. Agricultural services Construction services: " (1) Building construction- general contractor (2) Other construction - general contractors (3) Conrstruction - special trade .contractors Docks and boathouses (private). Engineering services Manufacturing: (1) 'FOod & kindred products (2o) (2) Tobacco prodUcts (3) Textile mill products (22) (4) Apparel and other finished products (5) Lumber and wood products, except furniture (6) FUrniture and fixtures (7) Printing and pUblishing and allied industries (2?) (8) Chemicals & allied products: (a) Drugs (2,~) - (b) Soap, detergents and cleaning preparations; perfumes, cosmetics and other toilet preparations (c) Agricultural chemicals (9) Rubber &~misc. plastic-products (30) (10) Leather & leather products (1 1 ) Glass (a) Flat glass (b) Glass & glassware - pressed or blown (322) (c) Glass products - made of purchased glass (323) (12) Fabricated metal products (except ammunitiOn and ordnance) (13) Industrial/commercial-machinery & computer equipment. (14) Electronic & other electrical equipment and components, except compu~ter equipment. (15) TransPortatiOn equipment (16) Measuring, analyzing and controlling instruments (17') Misc. manufacturing industries: (a) Jewelry, silverware, and platedware. (b) Musical instruments and pads. Adopted August 1, 1990 lr25 Revised Through 08/01/00 Section 3,01.03 ZOning Distdct USe Regulations g. q. So (c) (d) .(e) (f) (g) (h) (i) Dolls, toys, games & sporting goods Pens, pencils & other office & artists' materials. Costume jewelry, costume nOvelties, and notions. Brooms ~and brushes. (3991) Signs 'and advertising displays. Morticians goods. Manufacturing industries, NIC. (1 8)~ Paper and allied product-s: (a) Paperb.oard containers & boxes (b) Converted paper & paperboard .products LoCal & suburban transit (4~) Water transportation. Transportation. services. (4?) Communications, Motor freight transportation & warehousing. Motion pictures; Membership organizations (~) Personal & business services. (72) ResearCh,. development, and testing services. ¢?3) Repair services: (1)' AutOmotive & automotive parking (TS) , (2) EleCtrical (7s2) (3) Watch, clock & jewelry repair (4) Reupholstery & furniture repair (5) Misc. repairs & services Retail t :rude: (1) Lumber & other building materials (2) Paint, glass & wallpaper ¢23) (3) Hardware (4) Nurseries, lawn & garden supplies (5) Mobile home dealers ¢2?) (6) Automotive/boat/RV/motorcycle dealers (7) Gasoline service (8) Furniture & furnishings TelecommunicatiOn towers - subject to the standards of Section 7.10.23 Wholesale trade -durable goods': (1) Motor vehicle and automotiv.e' equipment. (~o~) (2) Furniture and home furnishings. ¢o2) (3) Lumber and other building materials. ¢o3) (4) Professional & commercial equipment/supplies. (so,) (5) Metals & minerals, except petroleum. (sos) '(6) Electrical goods. (7) Hardware, plumbing and heating equipment, and supplies. (5o?) (8) Machinery, equipment, and supplies. (sos) (9) Misc. Durable goods: (a) Sporting and recreational goods (509~) (b) Toys & hobby goods (5092) (c) .- Jewelry, watches, precious, stones & metals. ¢094) (d) Durable goods NEC (509~) .. Wholesal~ trade-- nondurable goods: Adopted August 1, 1990: 126 Revised Through 08/01/00 Section 3.01.03 Zoning District Use Re..gulations . o o . (1) (2) (3) (4) (5) (6) (7) (8) Paper and paper products. Drugs (512) Dry .goods and apparel. Groceries and related products. Farm products - raw materials. Chemicals, and allied products. Beer, wine, and distilled alcoholic beverages. Misc. Nondurable Goods: (a) Farm supplies (b) Books, periodicals, & newspapers (c) Flowers, . nursery stock & florists' supplies (d) Tobacco/tobacco products (e) Paints, varnishes & supplies Nondurable goods, NEC Mobile food vendorS 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. Offstreet Parking and Loading Requirements Offstreet parking and loading requirements are subject to Section 7.06.00. Landscapin. g Requirements LandScaping requirements~are subject to Section 7.09.00. Conditional .Uses ac co ~Airpo~, landing: and takeoff fields - general aviation. Manufacturing: (1) Paper & allied products (2) Chemicals & allied products (3) Petroleum refining & related products (4) Stone, clay, glass & concrete products (32) (5) Prim:aw metal industries (33) (6) Ammunition & ordinance NatUral or manufactured, gas storage and distribution points. (,e~) Scrap, waste and land clearing and'yard trash recycling operations - subject to the provisio,ns of Section 7.10.1 2. Warehousing and storage services - stockyards. (99e) Wholesale.trade- nondurable goods: (1.) Petroleum & petrOleum products (999) Adopted August 1, 1990 127 Revised Through 08/01/00 Section 3.01.03 Zoning District Use Regulations . Accessory -Uses Accessory uses are subject to the requirements of Section 8.00.00, and include the following' a~ eD Co-generation facilities. (999) Fueling .facilities. (999) Industrial wastewater disposal. One detached single-family: dwelling or mobile home,., for on-site security purposes per property. Retail: (1) 'Bottled gas. (99~,) (2) Fuel oil, (3) Gasoline service stations. (4) Retail trade accessory to the primary manufacturing or wholesaling use, Adopted August 1, 1990 128 Revised Through 08/01t00 CD CD C !11 N ~-z z ac- ~ o ~ o¥o~ 033NS OVO~ 3MI 3ONYX. 0¥0~! S 9£ .L X_I_NI300 33EIOH033>IO DUke, Energy , , : . LLC' R7 00-01 ~' This pattern indiCate, s subject parcel Community Development Geographic Information Systems__ Map prepared: November 30-, 2000' While eve~ effo~ has been ~ lo provide the most curm, at and aCcUrate inf<xmation possible, it is r~ ~te,~k~d f<x use as a ~a~h/~: ck)cume~; Zoning .Du.ke Fnergy LLC IH AR-1 i I I I I i t I I I I !. R7 00,-0:17 This pattern, indicates subject parcel -1' ! I Community Development Geographic Information Systems Map prepared November 30, 2000 This map has been ~ompiled lot general planning and reference ~ only. While every effc~ has beefl nude to provide the most ctxrent ~ accurate iniormatio~ possible, it is not i~t(mded f(x use as a legally binding c~ Land Use Duke Energy LLC MXD Glades RS ! I I I I ! t I~ i · I · I I I I I I I I ! i I I ! I ! ! i I RZ 0'0.-0'1 This pattern indicates subject parcel Community Development Geographic Information Systems Map prepared November 30, 2000 · While every effort has been made to pmvicle the most curren~ and accurate . inf(xmation possible, il is no{ intended to~ use as a legally binding document. . : .. ~ :. -: .... ..... ~ ...... . ~,: ..~ r .......... ~.. ...... o o 0 0~0 ........ Agency Review: January l $, 2001 Department Of Community' Development Administration MEMO R AND [IM TO: FROM: Local Planning Agency Members Dennis Murphy, Asst. Director of Community Development DATE: January 10, 2001 SUBJECT: Drraft 'Ordinance No, 01-0.01 Attach:ed is a copy of Draft Ordinance 01-001 which would proposes-to arg. end the County's tempo.raw use provisions and sign permit exemptions for certain activates .associated-with the on and off-premises sales, and display of motor vehicles. These requested, amendments have been proposed through the County by the local aUtOrmobile dealers association membership in order to..try and address a problem that they foresee in .advertising and marketing in the community. The pro:posed am. endments to Section 8,02~02 would .provide for the conducting.of tent sales on a pa~iCular parcel at least, once a month as opposed to-the .twice annual restriction .now. on the books, These. amendments would also provide that two of these once a month tent sales.could :be as .long as seven .(7) continuous days, as opposed to'the four (4) day restrirction for the' other .months, The amendm.ents to Section 9,04.00, Sign Permit Exemptions, allows for the .use of · flags, .banners,-balloons, and .pennants. :that may be ,attached to stationary- automobiles and"Othrer motor .vehicles, marine, vehicles/vessels and recreational vehicles which may .be used as part of the advertising diSplays· for any permitted or authorized temporary ~sales activity for those ..automObiles and other, motor vehicles, marine vehicles/vessel and recreational' vehicles. Staff recommends that the Local Planning Agency forward Draft Ordinance 01-001 to the BOard of County Commissioners for further review and comments. If you have any questions., please let me know. DJM/ 001mem. l(H) 1 2 3 4 5 6 7 8 9 10 11 12 13. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 ORDINANCE NO'. 01-001 AUTH:ORIZED TEMPORARY AUTOMOrBIL~ES AN'D O VEHICLES/VESSEL AND FOR PR DE! 'RTMENT PROVIDING FOR AD ::.'!:i::.:i"i:: .:<,.:.:.:..:.:,. ...... ..:': :::.i:i.:'i~i~i.:' :::::::.:~.. ::.¥::::.:. · . i.. .:.:i;:ii!iii:ii.:ii::. tho AN ORDI-NANCE AMEN~DING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 8.02~02(C), TEMPORARY'USES AND STRUCTURES,. PARTICULAR~iiTEMPORARY ....:.,:?,-: ::'.:.::. ..::!::::::-' USES PERMITTED, TO P'ROVIDE FOR EXPANDE!Di~i?~-~'NT SALE OPERATIONS AND ACTIVITIES ASSOCIATE~DWITH AU~OM~iiBI. LE AND ... :.. OTHER MOTOR VEHICLES, MARINE:;. ~iYEHICLES~i~~'~ii:~ ...... AND RECREATIONAL VEHICLE SALES ACTliVITIES~..~AND ~~i!i~END?/.? SEcTiON .04.00, PER= T ExE='P ONS;'To PRO i'i i ,iiii! e ""i THEUSEOFFLAGS, BANNERS, BALL , ATTACH-ED TO .STATIONARY AUTOMOBILE AND VEHICLES, MARINE VEHICLES/VESSELS AND ' AS A ~PART OF DISPLAYS "~!iFOR SA.E.ES~':?:~. ACTIV'I~.~::!!!ilii!!~R THOSE " V E HIC.'~i::~:S, MARl:NE BY PROVIDING-' ILITY; WITH THE DATE; ON- · com~i~.si:6:~h~ers of St. Lucie County, Flor. ida, has made "':-0~: ~'~i~S.t 1, l'"~:§~!~iii'iiih!~ii.iBoard of County Commissioners of St. Lucie ..:::~?:!:c:Ou~'~i?i~lo.r-.ida, ~i~bP:ted the St. kucie County Land Development -,.....:.:.:;:,:,:.:.: ........: .. :.:.:,~,:,..., The B'~~ili. ii. ii?~:f County Commissioners has 'adopted certain amend~'~'nt~ t© the St. Lucie County Land Development Code, throug:~ii';the follOwing Ordinances ..... 91~.,03:/ - March 14, 1991 91-09 - May .--t 4, 1991 ..... i::91:,2i - November 7, 1991 92-17 - June 2, 1992 ~-93-01 - February 1'6, 199.3 93-03 - February 16, 1993 Underline, is for addition c, ~...:!:..,. "ri,-, ..... t~ ............ ~ .... for deletion Ordinance #01-001 a Drraft #1 -Page 1 PRINT DATE: 01/t0/01 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 3,1 32 33 34 35 36 37 38 39 4O 93-05 - May 25, 1993 93-06 - May 25, 1993 93,07 - May 2'5, 1993 94-07 - June 22, 1994 94-18 - August 16, 1994 94-2.1 - August 16, 1994 95-01 - January 10, 1995 96-10 - August 6, 1996 97-0.1 - .March 4, 1~997 97-09 - October 7, 1997 97-23 - September 2, 1997 99-01 - February2, 1999 99-02 - April 6, 1-999 99-03 - August.?l'7, 1999 99'-04 - August 17, 1999 99-05 - Ju!yi!20, 1999 99-t5 - Jiuly :20, 1999 99-16 - ' :~:U!Y 20, 1999 99-17 - September 7, 1999 ~':99.718- .~1. ~::::::iiN~em:ber 2, 1999 00-I0 - June :13, 2000 00-11 - ' .:.:.ii3i~i'i;i~ 3, 2000 00-12 - June 13, 2000 00-13 -. ~?.¥'"~ ':~i~]~i~ii!~'il;.ii~'~00 ..... · '-: ::::::::::::::::::::::::::::::::::::::: !::::-:t.:. . ... ====================================================.. 3. on .... , the Local :'P:.i~!ni.~' Agency/ ~ Zoni.ng'C°mmissi°n hel~' a public ~heari~:i°~!!!:!hg~,:proposed ordinance aft:er publishing notice in the-Port St,.Ea:'~ie!:!Nib~Si!i::and the Tribune at least 1~0 days prior to the he. arid"g: .and "r::~:~~!'~ended tha~ the proposedr:ordinance be approvg~!;i.iii!ii'!i!..:.;.~.~ '"'~.i::~'i.'::?~ili!i!ii ~i:~:~::?' · ::i:i::::i':i:??;i-:i':.i:!~!:.i':,!'!':!:;?!:::!:::::. "i-i.i::.i.i:i: . w:::':'-' 4. On ........ , thi~;:B!5~'~81ii~el~'i:iitSr:first pablic hearing on the proposed ordinance,, af¢~i~:Publis~!!i~g!~ali!i~':~ti~i:i~!i?Such hearing in the Pod.St. LuCrie News a~8 the T.r.:i.~ane o~,?;i..i::::::.ii~iii? .... . ....'!!i.!i:: ..:.?::" :.:.~.:-. :.:'::. -: :.: ;:."-' ..~.;b?.;..:- .::'::,':':.' ...;'!':!i::';' ::' .::!:i'::i?' . ?'i~!ii'.. 5. On . ;~ ~ , thi::~ii:~oard he!.8~"?'its second public, heari.ng on the ; I,a'?:':?" ,',, ~ti~ii' publi:~.hi!~g a notice of such hearing in . the .Po ~ 'St,::~:bu~;' News. a~ii!.'"~be~!i~i~'u ne o~n . 6.iiii~....~i~,,~..~..~b~..to the St. Lucie .County Land " "?::';. ;.' .. ~ consistent with the general purpose, goals, ~, the St. Lucie County Comprehensive Plan :an'd!;i the health .safety and public welfare of ':the La-Cie County, Florida. ·:. :.:,.: :.:.-.:,:.:. :::-::.: ;::!i:ii;-..;t.::.:.:.:.:.:,:.:;:.~,:.:~;;t..:.:,..::i::..:.:. N'OW;r~t~EREF~RE~;:!(iii~i~ii:~i~i~i~RDA~NED:::::::::::::::::::::::::::::::::::::::::::::::::::::::::: by the Board of County Commissioners of St. LuCie County, Florida;i!.!!.!'!~ .... ~'~ .... ,. , :;::..:..:.:.. · -:..Z.- · ..:'::.:ii:' PART A. ...:..ii::.:-. THE.S'PE~IFICi'AMEND:MENTS TO THE ST. LUCIE LAND DEVELOPMENT CODE TO ..... .. Underline is for addition ~":' ........ g~' is for deletion Ordinance #01-001a Page 2 Drraft #1 PRINT DATE: 01/10/01 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 READ Ao FOLLOWS, INCLUDE: 8.02.00 8r'02'02 C,, CHAPTER VIii ACCESSORY AND STRU CTU RES AND US E Si ', ........ .......-.......... ...:.:..:.- .::;.::::;:::.:::.:, ::::::::::::::::::::::::::::: iii:i;:i.!iii:%:?:!:~.:.......¢.iil!ii!i: -'-:.'.:.:.--: :-'.: .... -- · · · .-..,-..........:...........:.....r,:.. --: :--:.'..-.. .... '-'.. ...................... . ............ .: :.:,:.:,..-.;,.,.:,;,:::,:.:.:,:.:..:..:.:.- . :,:.::... ::.... TEMP.ORARY USES AND sTR'81~iBES .~ ..... .:::::::,:: ......-.-~..-.:.,.....~.~.-.......-~' ..,....... ........................... · ......,. ,~ ,~...-....,.. . ;.:.:~:,:::...:.::..,..~ · ..-.......: :..... Tents for tempora~usos.anO ~uncti.o..ni~:i.i:i~;i(am.,accos§~!~t~:tho principal uso and aro used as tomp'ora~ corot duri~soe~i~i~¢~.~}h~a.or sai°g~"for usos directly rOlatad ' ~ ' ~ ' .-:'::::::~ ~:':?~;~:'~:::~:~:~:E'~: ~. ~o moro than 'two' (2~)~ents ~.O?~ovon {~~~;~~s oach aro conductod on tho same prope~v Ou~i~.g.any ~[~nOar year~, oxco~t~that; ' -::... :" .,:..:--:,:'~{:?~F - '":':' :.:..~.:~.::.:;:.'.'.. . · :".'...,,~. =======================, :::::.:::.:.¥' :..a,) . ¥%..:.. .,...... -... ......... · ..: ~..::.~- ~ ..... , - ....... .......~.~.,.. · ... :~.: :.:.~.-.:...: ....~., ~ .. ., ..... . ... . . . ....... ........ v um of four f4) times per .calendar year, on the same property, for periods .not to exceed a total of seven (7) continuous .days. Underline is for addition ............ ~,, for deletion Ordinance #01-001 a Drraft #1 Page 3 PRINT DATE: 01/10/01 1 2 3 4 5 6 7 8 9 10 11 12 .13 14 15 1~6 17 .18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 C,HAPTER IX SIGN'S 9.04.00 PERMIT EXEMPTIONS The following ,types of sign,s shall not be required to have a. sign permit: ...:.- ... · ,...:.:.. .,::;:.::.:. .: ?:.!:' O,) Flags, ~b~n'ners, ballO.o .ns,,and. pennants,.that a~eattached to sta:tion.~:...automo~.i:!es vehicle.s/vessel..and~ recreational vehicles, :'"~P¢~e'~idedr. .that. r the r. Flags, :ban,ners,' balloons, or.pone, ants donot ..cOnstitu~e a traffi~'~.§af!~tY .hazard . by.. reason of_. size, location, movement, -content, coloring,. O~;methOd;Of, 'illumination; ~struct the .-ii: :-~ :::::?' ...... .:... .::?:::' :.:4..-. ~ - ...? ;.:.:.? · ,'. ~. .i.i!:.,.ii:.}i:.... :' --: :-: !:!...ii:i::" .- :- .. ........... .. i .... ::i:?i:}:i:i:i::,. :i:!ii:i,:i.' .-'"' .':::i:i:E:~';~.i::!?!.'.!':.;:.:" . ::':" PART B-..~ ·.., ...,..,.... . . .. :,:.: :: .,. -.:..::.:.:.;,:.:.:.... .... ..,.,.....- ..: ,:... . .: .:.:...:.:....: :.:.:.:.: :.:.:.: :,:. ... :: :.: ... :-,:......:... : -.... ...... ::::::::::::::::::::::::::::::::::::::::: ... Special '~~i!i~fi~t~iei~!Florid~':~.ili~!~ii~la~u~[e applicable only to unincorporated areas of St. kucie County, Co'~i~t~i:!i~.i~ii!nances '~'~d i~i~intY resolutions, or Parts thor'eof., in conflict With this ordinance are:.~i~i~e~i~;iS~perseSes!i.i~::this ordinance to the extent of such conflict. ..::.': !: '"" '."' "i:i':': :.:: "':::::':'...i .. · · PAR,.i:C. SEVERA~IEI'~.¥. ' · .. ... If any portion of this.Ordinance is for any reason held or declared to be unconstitutional, inoperative, or void?uch holding shall not affect the remaining portions of this ordinance. ..... Ifthis. erdinance~i~i0ranyl provision thereof shall be: held to be. inapplicabl, e to any person, Prope:~Y,:.Or;CircUmstance, such holding shall not affect its applicability to any other person, . . ,..U,ndedine is for addition ............ ~,, is for deletion .Ordinance #01 .-001 a Page. 4 Drraft #1 PRINT DATE: 01/10/01 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 property, Or circumstance. 'PART ~D- APPLICABILITY OF ~ORDINANCE. This ordinance shall be,appli~cable throughout St. Lucie County's jurisdiction, PART E. FILING WITH THE, DEPARTMENT OFiilS~ATE. .-:-. · .' ', ..': " .?ii:i;:'.. The Clerk 'be ran,d is hereby directed 'forthwith to so'i.d, a ce rtifib:d "coPy °fthisl;i~!~dinance to the Buroau of Administrative Code and Laws?!iDep.~'ffi'ent of ... ~, :...:::.:,-.' Tallahassee, Florida 32304. : :':':'.' '%:?:!~:~:,::i:i:?i i..:':- · ":::::!'.:i:-. -:.i..i 'i ''"::!'iii::'!:i!;!.:!i.iT.-i. ":'-.i;ii.::... · .:...:...: :.-.: -....... ,_...:.... · ..::::'-,. ..:.:-:.:..--:.,.......:. ::,: PART F. EFFECTIV'E DATE. " "::"~;'i!.iii-'!ii.i!i,lii:',i;i!',ii;iii~ii:iii~.:. .-.. .... :.-, .:!:::!::::-::. : -::'"":'::,::i.:·:..:" · .-......:...:.-...-. ....:...:.:.....:.... This ordrinance shall take effect upon. filing..'~i~iih!iit~h:~i¢i!BiCpartment::i~i~f State. .:.'!!i.::i.:'::'" . i::.!!;i:' i: :'.:i:::' !i;:i:iiii;:::!!i.;!!;i!'!]i.i!i~ii'i:':... ...... :. :. ii: .' ..:4-:-'-:' :..~..' '.:.:-:.:.:,:-:.:-:.::~:.':'-:.:.:'.:,',:.:::-:.:-:.. : ':-:'-. :---i:::i::' ?::"'=================================== ::::::::::::::::::::::::: :: :'":::'" ..-.:,:.:. .':.-'.... .. :.: ::::::::::::::::::::::::::::::::::::::::::::: :- ' ':-': ' -' :;i.:' ' .............. PART G. ADOPTION. ?' ..~? . .................. .:i'::':: .... .i~i:i!ii:!.i':~i':' After motion and second the..~!~::"on thi. S;i~:'rdinance?~as as follows: ' -.i.:i:;:;-~!:~:: .... ..?.-.ii::?!?!¥:i.!?! .... :?i:;:i:' .:i!i!i.!i:i'i?:i~??;;;;, .'..:::..:::::::-' "::'?~:~-'~i.. !i:i~ ¢:ii..!.~.~ViCe. Chairm}~gi.!!~,i~g.. Coward XXX · ,,..,. :.:..:.:...:.. ,.:..:,:: ::... -, =============================================== .... ,.-...:.:.: .::.. -'-.::::-':: ::::::::::::::::::::::::::::::::::: ,. ..... ============================ .......:.!,:.:::::~.¥:. :::::.:, ..: .. C'°~:~i~si~0ner P~':!~i:i':ib~;Wis XXX .... ....-...., ............... -:.:-:.:.:.:,:.:..: . :.- ..... ...:...:.:,:.: ..:.:.:...., .· .,.., .. .:.:,~,?'::- .... C:om..~ii~!~!i.~;~:e~:.Cliff Barnes XXX ....... .,..:,:.: :.:... ,. ~...., ,...-.. .. :.:-:.:-. ,....:.:.:, ,.: :.:.:.: ... ,.:.:.... ::. ·. ,':-::.'- .,:::::::::. ,:-:.':'....: ..:........ . . . ..: ..:.::.:,:.:.:. , ...-. ""' Commis§!i6~::~!r:'John D. Bruhn XXX ...... .. · .. .. -. PART H. CODIFICATIONr. proviSi~n~,.of. this" ordinance shall be incorporated in the. St..Lucie County Code and .. Underline. is for addition ............ ~,, is for deletion. Ordinance #01-001 a - Page 5 Drraft #1 PRINT DATE: 01/10/01 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Compiled Laws, and the word "ordinance''~ may be changed to "section", "article", or other appropriate word, :and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this XXth day of XXXXXXXXXX, 2001. ATTEST: DEPUTY CLERK ' ' .... BOARD OF' COUNTY COMMISSION~ERSii!?!iiii~;': ST. LUCI.ECOUNTY, FkORIDAii:?i~;i:i'i:ii iii!i'i~ii'i'!i!i:'''' ......... . ... -. . -. . .. . . .. :,.:... .. . . . .. .: ~ ., .. ..... .... 01'200 i a(Lndc°d01].;H)' _ .. . . .. :.:,;.,:,.:.- .., .-.-::,::.::. ...... ::::;'" ':').i:.:.::' .-i;:::':.:~,:::'...':'-::- · .¥:'!~i.:::::. · '.::::::::: ::::::::::::::::::::::::: -.:.:.:.-.:..,...,.:,.:.:::-...,:-.:.:.:. ================================ :':,~::.::::'. "::!".:,-;i:':-::: :..:'",'-:":!:ii;;: . -,-.:::..:,: ::. ,::,:.:,:::::::-:.. !... --.;;..:.::..:.:,-,:,::. · ...:::::·:.:::.: ::,,:. :.;-::::':~:~.::~:.:,. · ,. :,:,:...:.......::: ::::::::::::::::::::::: ........... "'.!:i:': :i:::,::i:i:i:"- ·" -., .. :: ,:-::::::,. :. ::':::::,:::.::..:.. ,~.....:.:,:...::.:..::.:.:.:.:.:.,: - ,.:..:.:.:.:.:..:.:.:,:,:.:..... -::.:,::.::.:...:.:.,...., . :.:: ..,::.::,: '.:..:..: ...... . .... ?~?"':' 'i::!!E::ili!i:!:~:.:':'::-.. -CHAIRMAN .:'i:i'?!:'!:" . '.. ' ..:·.: ..-:.: .-' .:: -- ........ .... :.. - -'.:::-. - . i.'-::!'". ..... · .:::::?' ':... .._..::' ::'i':;::':- · .'..Z:'"'" ..::~::.: .- .:!?i? - ... ::~'~':: ::'~-:';:::" .:.i:: ! :'!" AP:B~BOVED AS TO FORM AND .i?i?!ii~iii!i :iiii, iiii!i:? i!::.. CORRECTNESS: COuNTy ATTORNEY Underline is for addition , , ......... g,,~s for deletion Ordinance #01-001 a Drraft #1 Page 6 PRINT DATE: 01/10/0-1 38631:8 2x12 1/8/01 - Page I - ComPoaite NOTICE oF ESTABLISHMENT AOFR-'~_~gNG~ oF REGULATION FECTING THE USE OF-LAND The St. Lucie County Board of County Commissioners propose to adopt the following Ordinance: i and' i' If any 13~rson decides to appeal any deCiSlo~ made ~ !- ~= ~cl,~ oom?. races, oonm'~ssiOns; agency~ counctt ~ /_' ._.. '~n.gr_°uP,. th~ pers~;~.. Will.:, .need:: rec~M~:' of 'the / ..~.e..gs a. nd that,: ~.or Such puqx~e: may need to ensure, ~., appea ~ ~o po,baS.ea. UpOn .me request of aay'~rly to /~ Proceeding, iadividi~ats te~tying dUr~g a heaU~ wi# be 1.. sworn in: Any party to :the prOce~ing will be granted' an Ir" ~[unity ~' cro~x~mine any individual testifying during a Inearing upon request. .~ i- This-~ati-~?--datec[az~eCUted mis 4~ dayof January, 2001, ILOCAL PLANNING AGENcy/. PLANNING /AND ZONING COMMISSION ! ST', f~UC1E'~'FLORiDA I./S/Stefan Matthes., ~,h~rman l. PUBLISH DATE; January 8, 2OOl . TOTAL P. ~ St. Lucie County Planning and Zoning Commission Meeting Minutes December 13, 2000 Commission Chambers at 7:00 p.m. MEMBERS PRESENT: Chairman'Matthes, Mr. McCurdy, Mr. Heam, Mr. Jones, Mr. Lounds MEMBERS ABSENT:, Mr. Heam, ~, Tfias, Mr. Grande Mr. Kelly, Ms. Young, Mr. Kelly, Ms. Lewis, Ms. Snay December 13, 2000 page 1 CALL TO,ORDER Chairman Matthes called the meeting to ~order at 7:1 l p.m. The Pledge of Allegiance was led by Chairman Matthes. ROLL CALL ANNOUNCEMENTS: Chairman Matthes stated.that the DUke Energy items on the agenda will not be heard until the January 18th meeting, due to lack of a quorum. He stated that there are representatiVes from Duke Energy in attendance and anyone who would like to speak with them can do so in the hallway. Chairman Matthes stated that Mr. Albert Moore has resigned from the board, due to his assignment to the St.. Lucie County Traffic Magistrate.. The board would like to congratulate Mr. Moore. Chairman MattheS stated that Mr. Grande, Mr. Hearn and Mr. Trias will not be able to attend this meeting with ~ excused absences, Mr. Merritt asked if them is an.ordinance on the book about the posting-and removing campaign signs. Ms.-Young stated that the ordinance states the signs must be removed 7 days after the end of the election. Mr: Men:itt asked if there is a way to limit.the time the signs are put. up at.the beginning. Ms. Young stated that currently that is not in the ordinance, She believes that Martin County is currently doing that. Mr. Men'itt stated that the campaign signs have got totally out of hand. He would like to see some li~tations on them. Mr. McCurdy replied that limiting the posting might present a freedom of speech problem limiting the posting'before the election. He understands the 'afterwards they need to 'be taken down. He gave an example of a candidate that wants to start running 2. years before how can that be prevented. Mr. Merritt replied that was a good.point but he believes it is enforced in other counties.. Mr. Jones suggested the County Attorney could research the legalities.of limiting the sign posting before the election. December 13, 2000 page 2 Chairman Matthes explained briefly the protocol that is followed at these meetings. As the items are heard, Staff will give a very brief presentation .on the item itself. Then the applicant will have an opportunity to giVe a presentation. After that the pUblic Heating portion will be opened and closed and Staff will give the final recommendations. The Board will then do deliberations and .then take.acti~on. He would like to make it perfectly clear that the actions of this board are not final. So if members of the public or the petitioners do not agree with the action their opinion can be heard in front of the Board of County Commission. . . . . ' ~. ,: T . AGENDA ITEM 1. MEE lNG MINUTES NOVEMBER. 16, .2000. Mr.= Jones motioned for approval of the November 16, 2000 meeting minutes.-Mr. McCurdy seconded the motion. Upon a roll call vote the motion passed unanimously. December 13, 2000 '- page 3 AGENDA ITEM 2: FILE NO. CU 00.010 MBTB, INC Ms. Snay s'tated~ that Agenda Item//2 is the application for a Conditional Use Permit to allow the construction of a 3, 192 square foot convenience store with 5 gasoline pumps serving 10 vehicle stations and an automatic car wash to be known as Hess Station- Turnpike Feeder Road in the CN'(Commercial Neighborhood) Zoning District for property located 'at the comer of-the Turnpike Feeder .Road and Miramar Avenue. Mr. Boggs introduced himself as the Director of Thomas Lucido and Associates in Fort Pierce. He stated he is here to gain approval for this convenience store in Lake Park. There 'has been an approval from the Lake Park Association. This association reviewed the site plan and voted in approval of the site plan. They have a color rendering of the plans which will give a visual of what the facility will look like.. The most significant part of this site plan is the incorporation of the native vegetation. As:eVeryone knows there are many sites such as this one that does not save any vegetation. Mr, Boggs' client came to him and that was part of.his program which naturally he supPorted. '~. Boggs micro-sited the station and saved the most significant trees Which will also include under storage: preservation in the site development plan. The only thing left after that is grass which will be dry.retention, not wet retention. The White. 'area on the plan is k'irculation and parking. The areas in a darker green is all'the upland preservation. The smaller cimles-on the · plan is what is being proposed for the .required landscaping for the hedge, trees and so forth. Basically staff is supporting this, particularly since the trees are being preserved. :That is one of the main reasons why he wanted to assist the ~developer .getting through the approval process. He will be happy to answer any questions or listen to any concerns at this time. Chairman Matthes asked if there is a legend on the plan that shows the trees that are native to the site being saVed as opposed to just the size. ~. Boggs replied'that the ones with the "X" in the caliper those are the trees that will be . preserved. These. are predominantly Laurel Oak trees. This is a great site with cabbage palm, Laurel Oaks and a few Bays. The only area towards the baCk on the east side that has exotic and some Brazilian Pepper but the front is covered with native plants, Mr. McCurdy stated that he-feels like this is becoming a very nature sensitive site there, He asked what will be done for signage because it appears'to be very well screened all the way around. He asked if the signage would be a large vertical sign. ~ Mr. Boggs replied that there would be a low-level lit monument sign. He stated that he failed to show the architectural work as suggested by staff. This was done by an architect that worked with the developer in Miami. There will be wall mounted interior lit cabinet signs, other than that this store will not be heavily signed. Mr. Jones asked if the site grading had been evaluated to see if the existing vegetation can be : kept. December 13, 2000 '- page 4 Mr, Boggs replied in the affirmative stating that the engineer worked closely in order to maintain the grade to make sure that the dry retention in the first floor parking lot would allow the trees shoWing to be saved. Mr. Lounds asked what was on the north side of the property. Mr. Boggs replied that' them was wooded vacant land across the street. Mr. Lounds asked how the Oak Trees would be protected in the back of the site from compaction. Mr. Boggs replied that what they are trying to do is install the curb barrier with the existing grade. There will.most likely be compaCtion on this side. He feels that the tree will survive. Mr. Lounds stated the 'County is very sensitive about Oak Trees. Mr. Boggs stated he and his client are very aware of that and that is .the mason for savihg all of these trees. Chairman Matthes opened the ~blic Hearing. He stated that there was a letter sent in from a property owner and he asked it be read in to record. Ms. Lewis, Secretary read letter from.Mr. Carl Cunningham into record (attached).. Chairman ~Matthes closed the Public Hearing. Mr. Meffitt stated that in reference to the letter on Lot 14, he would like to know if them are houses on that block or on that,particular lot, Mr. Kelly replied that there does not appear to be any house on that lot. Mr. Lounds stated.he is still a little concerned on how the-trees will be saved. The saving grace for 'him is that the company that Mr: Boggs is representing does. a wonderful job maintaining this site. He is very concerned on the life expectancy on the Laurel Oaks with the compaction that is going to take place. He would like to know what Mr: Boggs feels is the life,expectancy of the Laurel Oaks a year from now. Mr. Boggs replied that they have done .this before where trees were preserved in small islands and parking lots. He stated that one thing that could be considered is to put in a drain pipe that would go out in to the asphalt drive on that side to alliviate that compaction. He stated that Laurel Oaks are short lived, normally up to 50 - 60 years. He stated that there was a barrier between the service and the ~rear in an effort to preserve these trees. It is not a mandate or' requirement to. save that type of tree. He would like to save those trees and is attempting to save them. December 13, 2000 page 5 Mr. Lounds stated that he does not want to 'complicate the situation and mn expenses up anymore than they already are. 'He asked Mr. Boggs if he .felt he was doing everything that could be done through placements. Mr. Boggs replied in the affirmative. Mr. Kelly stated that everything discussed this evening will be' in the minutes and reviewed by the County Commission before the January 9, 2001 meeting. Therefore the same issues will likely be raised at that meeting. He .asked if Mr. Boggs could get with Ms. Mott, the Resource Protection Coordinator, to work out the best situations for that. Mr. Lounds stated that he did not want to make an advertisement for Hess Stations or Mr. Boggs,- but they both are good s.t.ewards of What .they do. He stated that Hess does maintain a step above in their quality of landscape and the landscape. He stated that Mr. Boggs comes from a reputable company that does look out for things such as this. He does not want to complicate the thinking 'of the Board of County Commissioners but it is a question' that needs to be addressed. Mr. Kelly stated that them will be an answer by the Board. of County Commission meeting. Chairman Matthes asked for the Staff reco~endation. Ms. Snay stated that staff finds that this petition meets the standards of review as set forth in Section 11.07..03 of the St, Lucie County Land Development Code and is not in'conflict with the goals, objectives, and policies of'St. Lucie County Comprehensive Plan. Staff reCommends that you forward this petition to the Board of County Commissioners'with a recommendation of approval subject to. the following condition: 1.) Prior to the issuance of any building permits for the proposed structure or buildings on this site, all exotic vegetation found on the site shall be removed. Chairman Matthes asked if them were any further questions of staff. Mr. Menftt asked if there would be sewer and water on this site. Mr. Boggs replied that it will be St. LuCie County Utilities for both services. December 13, 2000 page 6 Mr. Jones stated that after considering the testimony presented during the Public Hearing, including staff comments, and the standards' of review asset forth in Section 11.07.03, St. Lucie County ~nd Development Code, I hereby move that the Planning and Zoning Commission recommend that the .St' Lucie County Board of County Commissioners grant approval to the application .of MBTB, INC. for a Conditional Use Permit to allow the construction of a 3,192 square foot convenience: store with 5 gasoline.pumps and an automatic car wash facility in the CN (CommerCial, Neighborhood) Zoning DistriCt, because he feels it is an.appropriate use of the site and the planners have done a very good job preserving vegetation on the site. Mr. Merritt seconded the motion. Upon a roll call vote the motion passed unanimously. OTHER BUSINESS Chairman Matthes stated the next meeting will be held on Thursday, January 18, 2001. ADJOURNMENT December 13, 2000 page 7