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HomeMy WebLinkAboutApril 19, 2001 ..... FORM 8'B" MEMORANDUM OF VOTING cON'FLICT FOR MUNICIPAL: AND OTHER LOCAL PUBLIC OFFICERS I.J%ST NAME--.FIRST NAME--.MIOOLE NAME NAME OF BOARD, COUNCIL COMMISSION, A~ORIT¥, OR COMMrF'r'EE and Zoning C~ssion/ MAILING AO ESS 2980 S. 25th Street C~TY FOrt Pierce ~^r~ o~ w~,cH';Vor~'oCc6~ ADri!, rl.9.,. 2001 3MMFT-I'EE~ ON WHICH I SERVE IS A UNFT OF: " I C:] CrT%' ]x]~[COUlkrl"Y · El OTT'tER LOC,~J.. AGENCY : . 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 112.3143, FL. ORIDA 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) 5y 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 ot" 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 properLy, 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 cont'lict: 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 OAYS 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:" [rom voling 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 lorm (betore making any attempt to intluence the decision) with the person responsible for'r, ec0.'..rding the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) ',"?~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 A~EMPT TO INFLUENCE THE 0ECISION EXCEPT ElY 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 a[ter the vote occurs with the person responsible t:or recording the minutes ot' the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members ot: the agency, and the form must be read publicly at the next meeting aCter the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on__ .April 19, .." . ...... 20 01 . (a) A measure came or'will come before my agency Which (check one) ..... inured to my special private gain or loss; inured to the special gain or loss of my'business associate ...... .. inured to the special gain or ioss oi, my relative, ~ ~ · inu'red to the special gain or loss of _~_~,'_, employer ....... ' 'wh.om I am retained; or . . ' _ ! ~ by inured to the special gain or loss Of · . . is the parent org'anization 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: · gr3~~ I~I '4: 'CU-01~001 ' Surrr±~o 'Tractor.~and.'Equ.~~t ~et±tion o~ Sunrise-~ractor and. EquiPment for a Conditional' Use, Permit.' t6 allow the ~e~a±l sale of farm equipment and .. related-accessories in the AG-1 (Agricultural - 1 du/acre) Zoning District. . . , which My firm is currently doing work for the Petitioner on this project. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A'FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTIgUTES GROUNDS FOR AN0"rv;I',~'Y' BE F;0N'IS'HEd-BY ON'~ oR MOR~ OF TH'iE FOLLOWING' 'II~F;E/~;HME'N'[:, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN' SALARY, REPRIMAND, OR A CIVIL PENALTY NOT 'TO .EXCEED $10,000. · ..... CE FORM 88- EFF. 112000 PAGE 2 St. Lucie County Planning and Zoning COmmission Meeting Minutes REGULAR MEETING April 19, 20'01 Commission Chambers ~at 7:00 p.m. MEMBERS,PRESENT: Mr. Heam; ~Mr, Aikens; ~M~. Merritt; Mr. Lounds; Mr. Grande; Mr. Trias; Mr. McCurdy, Vice Chairman; Mr. Matthes, Chairman. MEMBERS ABSENT: Mr. Jones; Excused. OTHERS PRESENT: Mr. Hank Flores, Planner III; ~Mr. David. Kelly, Planning Mgr.; Ms. Cyndi Snay, Planner II;'Ms. Diana Waite, Planner Iii; Ms.' Julia ShewchUk,-Comm, Dev. Director; Ms. Heather Young, Asst. Co. Atty. April 19, 2001 P & Z Meeting Page 1 CALL TO ORDER Chairman Matthes called~ t° order the meeting of the St. Lucie County Planning and Zoning Commission meeting at 7:05 p.m. FLEDGE OF ,ALLEGIANCE ROLL CALL ANNOUNCEMENTS. Chairman Matthes gave :a brief presentation on what you can expect to transpire tonight. For-those of you who.have not been here :before., we are an agency that makes recommendations to the County Board of Commissioners and that is the capacity that we act in. What we will do tonight is that we will be presented on each petition ~with a brief summary.of the project by staff after which time the petitioner will come up and~ make his case for:the requested petition and change. At any time this Board will stop and ask questiOns of the Petifionersor staff. After that process is completed we will open the public heating. for people who .wish to speak.for Or-against the petition. 'The purpose be~nd'this hearing to is to ~get the general public-input. Please if you have .something to say, come forward and say it. After everyone has gotmn a chance to.speak foror against the petition we will close the public heating, staff will ~make.a final recornmendatiOn .m this Board,~, we will deliberate and we will make a decision on our recommendation, one way ~or another. ~The' decision that is made is typically read from a scripted setof statements that ~are given to us. It may sound rehearsed ~but it really is not.. There is one f°r and one against given to us in the package, so wemay make the motion either'one or .the' Other so it is very~clear in the records. Once .again, I want to re.nd you that we only act as an advisory capacity the Board of County Commissioners and if you are not happy withthe outcome of the hearing you always have the opportunity to speak at the public heating in front of the Board of County Co~ssioners on the petition in front of us that will be forwarded to them with a recommendation of either denial or approval. Mr. Matthes stated he .needs to abstain himself from.voting .item no. CU,01~001, Sunrise Ford and Tractor, No other announcements or :comments. April 19, 2001 P & Z Meeting Page 2 AGENDA, ITEM 1: MARCH 15, 2001 MINUTES, Mr. Heam, mentioned a couple .of'corrections to the minutes. On page 3, the paragraph that starts out "Mr. Wetzel stated that the building meets,,.., it was .oversight on ~his period,'.' the word period should be part. Also, on page 4 in ~the :middle'of the page, "that he feels that defining the two zoning districts would be better," the word defining should be combining. · Mr. Matthes asked for a motion for' approval of the April 1.9th, 2001 minutes. Mr. Lounds moved for acceptance, ~seconded by ~. ,Grande with .changes. Upon a '.roll call vote, the motion passed unanimously. April 19, 2001 P & Z Meeting Page 3 AGENDAITEM 2: RZ-01'004--G~CE EMMA~EL CHURCH Petition read by Hank Flores. The purpose for: the change in zoning from.the RS-2 (residential, single- family- 2 du/acre) zoning district to the .~ (religious facilities) zoning district on the subject property. Surrounding. Zoning m the subject.property is agricultural residential 1 d/u per acre to the North, RS-2 to - the West and East, ~hstitutional .Zoning to. the SOuth :and Co~rcial General further to the East. The petition is si~lar in size to the Miami Latin Church of God, which was approved he~ngs for that petition, ' staff computed the expected maximum de to have approximately 19~900 SF of religious facility space. The of ~review as set forth in the Land Development Code and standards Staff recommends forwarding this petiti°~a to the coUnty s is ~not in Conflict Board of Co~ssioners with the reconunendation of approval. Mr, Matthes asks for any questions tothe staff. None asked. Mr. Matthes then asked if the petitioner was present. Mr,. Lounds questioned expansion of,religious facility for any future educational uses. Mr, Matthes asked the petitioner to come ~to podium. Mr. Sam Chess introducedhimself, .Pastor of Grace.Emmanuel Church. He stated that they are a church of 11 years in Port :St Lucie and have a'very small school as part of the church with no plans to. expand beyond that point. Mr. Lounds questioned staff~mgarding the usage of the land for educational purposes. Looking at this as religious facility and bringing a school with' them. The Pastor.acknowledged the school would come with. the chumh, ~Mr. Kelly followed:up With a question to the petitioner regarding school hours. Pastor Chess answered it is a M-F and. Sunday school. Mr. 'Lounds questioned if this changeS the intent. Mr. Kelly responded to Mr, Lounds that staff was not aware of the school and that it would require a conditional use heating, which is an additional' heating before this Board and the County Commissioners to have the school approved. We could do one of two thingS tonight. We coUld go ahead with the recommendation on. the~zoning, which would give petitioner Comfort on how the P&Z Board feels and delay the County Co~ssioner heating, until a subsequent meeting and have the recommendation on the conditional use. Or.we could do it ail.at once, decision.of Board and petitioner~ Mr. Matthes addressed 'the petitioner. Pastor. Chess requests further explanation from the staff about zoning and options. Mr. Kelly recommended that both .uses be submitted to the Commissioners on the same night. Full approval would not be. made until this poim. Mr. Kelly asked the Pastor how far along they are with the project, to whiCh Pastor stated that they..have site plans developed. Mr. Kelly stated next month or the month after. Pastor stated he wished to wait,for both zonings. Mr. Lounds suggested to accept the church zoning and wait for school conditional use. Mr. Lounds addressed the Pastor regarding notification of nearby residents being contacted. The Pastor stated, they had not, except for _the landowner. Chairman Matthes opened the'Public Hearing. None responded. Chairman Matthes dosed the Public_Hearing. Chairman. Matthes .asked if ~there were any further questions of the staff. Mr~. Lounds asked what is at the -comer of Kitterman Rd' and US 1,-SOuthwest comer, to whiCh Mr. Kelly.replied the new Hess station and North of that is a bakery. April 19., 2001 P& Z Meeting Page 4 Mr. Hearn .stated that after considering the testimony presented during the PubliC Hearing, including staff commen~, and the standards as set forth in Section 11'06.03, St Lucie County Land Development Code, I hereby move that ~the Planning and Zoning CommisSion. recommend that the St. Lu~ c'~e County BOard of County 'Commissioners grant approval to the appliCation of Grace Emmanuel ChurCh for a change in zoning from RS'2~(residential single family .du/acre) zoning district to the RF (religious facilities)zoning district because it seems like a good fit for the. co.unity 'there and it.should'blend in nicely for the future development of that area. Motion secOnded by Mr.. Grande. UpOn a roll call-vote the ~motion passed unanimously and forwarded to the County Commissioners for approval' April 19, 2001 P & Z Meeting Page 5 Mr. Hank Flores read petition of Covenant Reformed Presbyterian Church of Ft..Pieme for a Change in zoning.from the'CO (Commercial, Office) zoning district to ~the RF (religious facilities) zoning district for the propegy located on the east side of S 25th St. approximately 130 fi south of Elizabeth Ave. The stated purpose of the rezoning is to allow the establishment of a religious facility on the subject property. The for the subject property is Commercial General on the NW, RS4 to ~the North and to the SW, Residential.5 du/acre is located to the. East, Institutional to'the South and West and Religious .facility Zoning is' lOcated directly to the south. The property being considered for this petition :is si~lar in.Size 'to the M'ia~ Latin Chumh of GOd, which was approved 1/23/01. During public heafin'gs :for that petition, staft Computed the expected maximum development. This parcel can be expected to have 'approximately 19,734 SF of religious facility space. Mr. Matthes asks for questions of the staff. Mr. Lounds asked how much distance exists from 25th and Edwards to the facility. Mr. Flores stated it was .1,200 a' ~. Lounds questiOned the rUling on Selling alcoholic beverages sold within so many feet of a religioUs establishment and the sChool across the street. Mr. Flores stated it is 1,600 ft front door to front door ~measured from the nearest roadway along the centerline. Mr. Matthes-asks' for any further questions for the staff.and if petitioner or representative was present. Mr. Pat Murphy, MuShy Realty, announced hi, elf as agent for the Petitioners. He stated that the church purchase has already 'closed on this property. 'He mentions that the PaStor is present.in the audience. Mr. Mushy feels that this is a lOgical location for church. There is a church to the south of this site. He feels the church will make good:neighbors for this area and appreciate your support on this petition. Chairman Matthes opened the Public Hearing. None responded. Chairman Matthes closed the Public Hearing- Mr. Heam questioned staff on the 25th St traffic problems anticipated. Mr. Kelly replied that they see no problems since ch~ch.hours are off-peak hours. Mr. Matthes inquires about the RFP for widening and is the petitioner aware 'of that, to..whiCh Mr. Kelly stated that is usually addressed in the site plans potion. Mr. Flores stated that.the staff finds that tbs petition meets the standards and review as set forth' in the - Land Development Code and is not in Conflict with the Comprehensive Plan. Staff is therefore · recommending forwarding this petition to the COunty Board of Commissioners for approval. Mr. Grande stated that after considering the testimony presented during the Public Hearing, including staff comments, and the standards as set. forth in Section 11.06.03, St LuCie County .Land Development Code, I hereby move that'the Planning and Zoning Commission recommend that the St. Lucie County Board of CoUnty. Com~ssioners grant approval to the application of Covenant Reformed Presbyterian Church of~Ft. Pierce for a change in zoffing from CO (Commercial, Office) zoning ~stnct to the RF (religious fac]hties)zoning district because it's completely consistent with the' standards of review of 11.06-03 of the Land Development Code. Motion seconded by Mr. Aikens. Upon a roll call vote the motion passed unanimously. Mr. Matthes excused himself from the meeting and .turned the gavel over to Mr. McCurdy. April:-19, 2001 P & Z Meeting Page 6 AGENDA ITEM'4: CU-0!,001- Sunrise Tractor Equipment Mr. Hank Flores read the petition of Sunrise Tractor-and Equipment for a Conditional Use Permit to allow the~retail sale of farm equipment and related accessories in the AG-1 (Agricultural-1 du/acre) zoning district for property located at 9901 OckechObee Rd, which is on the south side of the road, apprOximately 1/3 mile west Of'Gentile Rd. Surrounding zoning is AG, 1 to the North, South, East and West, Agricultural 1 'du/2 ½ acres located to the North across the road. The applicant is proposing a total of 23,400 SF of space .and consists of showroom and office space, storage space and future space. .Mr. McCurdy asked for questions of the staff. Mr. Grande questioned who owns property, Sunrise Ford or Mr. Kindred~ Mr. Flores stated that Mr. Kindred-is proprietor under contract with Mr. Dunn, the property owner. Mr. McCurdy asked for ~presence of petitioner or his representative. Mr. Dennis Kirk announced he is an attorney who represents.Mr. 'Tom Kindred and SunrJse Tractor Equipment. He stated he had no comments to add, except Sunrise Tractor has been in business since the 40's. The use is consistent with the ~code and has no significant environmental impacts. Mr. Heam questioned agent that this service would create shorter trips for :customers. Mr. Kirk agreed. Chairman McCurdy opened the Public Hearing. Mr. Paul Gagnon announced himself as.a homeowner at the address 9864 Okeechobee Rd., across-the street from the proposed project. Hestated he.has been a resident there since 1946 and owns two parcels. directly opposite the proposed zoning and 10 other .acres. He expressed his concerns reg~ding the deterioration of the Surrounding AG.properties and the effect-it has on property values. He al.so stated that'no one from Sunrise or their representatives had ever contacted him about this petition or what their plans were. Mr. Lounds responded.that he.believes Sunrise will add value to the properties there and they will make good neighbors, based on their reputatiOn. Mr..Hems .also mentioned pro-active code enforcement in regards to the deteriorating conditions in the area. Mr. Gagnon discussed the purchase of land by the Indian tribe. Mr. Howard Dunn, Jr..announced hims. elf as representative for Sunrise. He supported Mr. Kindred with SUnrise's excellent community service and welcomes them as a neighbor. Chairman McCUrdy closed the PubliC Hearing. Mr. Flores stated that the staff finds that t~s petition meets the standards and review as set forth in the Land Development Code and is not in conflict with the Comprehensive' Plan. Staff is therefore recommending forwarding this petition to .the County Board of Commissioners for approval. Mr. Lounds stated that 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 Sunrise Tractor Equipment for the conditional use permit to allow-the retail sale of farm equipment and related accessories in the AG-I zoning district, I make this motion because I. think Sunrise'Tractor will be a very good neighbor and addition to this area of St' Lucie County. I hope' by them moving there' it encourages other agriculturally related businesses to do the same April 19, 2001 P & Z Meeting Page 7 and I think it will relieVe ra lot of concern that is on-Orange Ave. It should be put into the minutes that this is west of 1'95 and this ~BOard 'has made this recommendation to that effect. MotiOn seconded bY Mr. Trias. Mr. Merritt stated that the Board. turned ~down rezoning.~ of a mile from this property, by Mr. Skinner. We have to be more consistent what we are doing here. Mr. Lounds questioned staff. Mr..Kelly responded that Mr. S~nner's request was a rezoning to CN (Commemial .Neighborhood),. It was 'our understanding he was co~ng.back With a Service station at that location. Mr. Lounds stated that Mr. Skinner wanted more 'than the zoning was planned to do. Mr. Merritt replied he.recalls the service ~station rezoning request by Mr. Skinner. Mr. Kelly replied that service stations were. changed :.to conditional uses and wasn't .sure if Mr. Skinner applied before or after that change. And that parcel-has -Since been rezoned as a-church use. Upon a roll call vote themo.tion passed unanimously. Mr. McCurdy returned the .gavel to Mr. Matthes. April 19, 2001 P & Z Meeting Page 8 AGENI)A ITEM 5:RZ-01-006 -~ST. LUC!E COUNTY BOARD,OF COMMISSI0~R~ Mr. Kelly introduced Diana Waite to present.this item. He advised that .this was a joint venture between the County and the State. Mr. Kelly reminded the audience that the comments related to design are not affected by the zoning change. Ms. Diana Waite read the petition of St. Lucie County Boardof County Commissioners fora change in zoning from the ~D (Hutchinson Island Residential DistriCt)zoning district to the I (Institutional) zoning district. The property is ~a 15'acre tract located directly east of the south Hutchinson Island Wastewater Treatment. Plant.' The tract was purchased for preservation and recreation purposes in 1995. The purchase was ~ajoint acquisition ~tWeen the State and St. Lucie County.. The purpose of this zoning was .to change to a zoning ~district that more appropriately recognizes the public, conservation, and recreational use of the property. This is mandated by the St te. It s the best zoning that we have for public recreation areas, at this ~time. As part of the Co nty s Comprehensive Plan future land use designation, this Parcel is proposed to be'changed to Conservation Public, to further recognize the public ownership of recreational of property. Staff has reviewed the petition and we determine that it does conform to s set forth in the St. Lucie Development Code and is not in cOnflict with the goals, policies and.objectives of the Comprehensive Plan. Staff recommends.forwarding to the County Board of Commissioners for recommendation of approval. Chairman ~opened the Public Hearing. Mr. Bill Hutchison. announced himself, as a representative of Sand Dollar Shores Condo Association, and as a homeowner (Mr. Hutchinson setup photos on easel before .the committee). He discussed the dune-. walk off structure and :questioned authorization, to being .built. Photos show very low tide along shoreline, which exposes the worm reef.and is,not suitable for swimming, .The. walking on the reef will kill it permanently and cause.beach erosion. He asked Ms. Waite when this'purchase was made, was it. .understocxt that there would be public .access to the.beach area. Ms. Waite confirmed that was ~own. Mr. Grande inqUired about the purchase of'the property. Ms. Waite responded that the County Envkonmental Land Program. purchased, the land from the St Lucie County' s Utilities Authority. Mr. Kelly clm'ified'the funding was between the County, the State and residents from S. Hutchinson Island. ~Mr.-Hutclfinson inquires if this'rezoning was in anyway'connected with the Pelican'Pointe West site~ Ms. Waite states that the rezoning was agreed with the State at purchase in 1,995,. and no, . Pelican Point is not connected. Mr. Kelly-clarified the Pelican Point project is accessed through a different'location., to the west but anyone can have access to a public area. Mr. Hutchinson asked to reconsider the opening of this beach for public access due to the damage that- will be left behind. Exhibits were presented showing dead worm reef. ' Ms. Waite acknowledged.that an · eco study was not done on this property and will be addressed. Ms. Waite also mentioned a parking lot for public beach access-is also planned. Mr. Hutchinson stated that more info is' forthcoming, on ,the reef.. Mr. Matthes wants to know how far worm reef goes. Mr. Hutchinson answered that it goes at. least ½ mile north, of the wastewater treatment plant and is all living reef.. And he advised, from the photos, that at high tide only 15 to 25 foot of beach is exposed for p~blic use, especially during turtle season that is more restricted. Mr. Grande asked Mr.' HUtchinson if he was present at the presentation by the Utility Company when they sold the land and the use~,~,tt] Mr, Hutchinson said he was not. Mr. Grande requested t~s petition be . withdrawn: Mr. Grande~hat Mr, B!azek,. Utility DirectOr met with residents of Island and informed them that it'would be held as a conservation land and nothing recreational. He implied that nothing April 19, 2001 P & Z Meeting Page 9 would be done with this piece of land and wants to hear from.Mr. Blazek. Mr. Kelly stated that the new zoning category ~wou!d better suit this propegy. Mr. Kelly stated that he is not. authorized to withdraw it, but the committee-could continue it, Mr. Me~xitt objected to .the withdrawal of the petition and wants to hear from the residents. Mr. Lounds agreed. Mr. Aikens addressed staff regarding the'reef area. He stated that the dune-area ~automatically designates this property for public access. He also had concerns over not being able to stop the project now. Mr. Kelly responded'that'staff was .aware of the reefi In planning for the parcel for the purchase, staff may not have addressed the reef as Should have been because the reef was not a part of the purchase, It is our intent to gO back and look at this with funding partners to resolve the issue. The petition is only to change the zoning. The park is appropriate for either.zoning district. The issue before the Board is the rezoning, not the use. Mr. Trias wanted clarification on planned'uses of property. Mr. Heam discussing zoning definitions. Mr. Matthes discussed restrictions to place on the property use and still comply with State. Mr. Grande. believed the sellers were ~sled by uses of.the property and objected to changing the zoning from HIRD to Institutional. Ms, Jane Sinatra announced herself and presented the pamphlet of Sabellariid Reefs and. letter from the Oceanographic Society. (Attached) Mr. Tom,Robb announced himself, Vice President of Sand Dollar Shores Association, and read a letter into the record. (Attached) He stated his concerns regarding debris, destroying nature and public access.' Chairman ~y closed the Public Hearing. Mr. Matthes asked for further discussion. Mr. Lounds addressed Mr. Robb's comments and the fact that the County has spent a lot of money on park preservation, we need to do all we can to preserve the reef and the sea turtles. Residents have the right to visit the beaches for recreational purposes or educational. Mr. Robb stated that there must be an alternative plan and'that the County scared away the nature with construction. Mr. McCurdy stated that this hearing was not regarding the park use but the rezoning and asked for further discussions. 'Mr..Grande stated he is not supporting the zoning because of several reasons. There are two existing beach accesses~close to this one. He feels ita mistake to build new insmad of maintaining ones we have and that we have problems with funds in maintaining existing parks. He has to vote against it. Mr. AikenS stated that he agrees-with Mr. Lounds and can support this since he received clarification from the staff. Mr. Grande stated that after considering the testimony presented during the Public'Hearing, including staff commen~,,and the standards of review as set forth in Section 11,06.03, St Lucie County Land Development Code, I hereby move that the Planning and Zoning 'Commission recommend that the St' Lucie County,Board of County Commissioners deny the application of the St' Lucie County Board of Commissioners for a change in zoning from the ItI~ (Hutchinson Island Residential District) zoning district.to the i (Institutional) zoning district because it's in conflict with the section 11.06.06 (i) in that it is in conflict with public interest. April 19, 2001 P & Z Meeting Page 10 Motion seconded by 'Mr. Hea rn with discussion. Mr. Men, itt addressed the Bo~d to ~state ~that the p~ose of the heating is only the rezoning aspect and it oesn t :~tter which zoning is. used. The County and State dictate what goes on with this propegy2 He co--ends the.County and.~L program for what they haVe done for this County. and probably the most of any county in the State. Mr. Heam personally :wants more information on what it is to accomplish in changing zoning and what is going to. happen to the property. He would like to have expert testimony regarding the worm reef. Mr. Matthes ~Stated that you. cannot condition a zoning. Mr, Trias agreed with Mr..Merritt and doesn' 't see how this discussion has any.relevance to the issue. Mr. Grande reiterated his objection to changing the zoning and felt there :were-no reasons presented to change it because of the gray areas of the.proposed use. Mr. Kelly replied .that the simple explanation is the agreement when we applied for the grant that we 'wOuld place it in a zoning which indicated public ownership. Other public ownership in that area are already .zoned Institutional, not 'the best designation but the best we have at the moment. Mr. Matthes closed 'discussion and asked for a vote. Mr. McCurdy ~stated that after considering the testimony presented during the Public Hearing, including staff comments, and'the, standards of review as 'set forth in Section 11.06.03, St Lucie County Land Development Code, I .hereby move that the Planning and Zoning Commission L ' recommend that the St. -.uc~e County Board of'County Commissioners grant approVal for the application of the St. Lucie County Board of Commissioners for a change in ~zoning from the HIRD H -e, . . .e · e ~ , ( utc~nson Island Res~denhal D~str~ct) zoning district to the I (Institutional).zoning district because this is what.was agreed on in. the original purchase and is necessary for funding, and really doesn't matter in the final ~use of the.Project. Motion seconded by Mr. Lounds. Upon a roll call vote the motion passed unanimously. Mr. LoundS addressed the public audience to thank them for their participation. Next scheduled meeting will be May 17, 2001. ADJOURNMENT April 19, 2001 P & Z Meeting Page 11 DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division MEMORANDUM TO: FROM: Planning and Zoning Commission/Local Planning Agency Members Cyndi Snay, Development Review Planner H DATE: April 19, 2001 SUBJECT: Mr. Jones Mr. Jones will not be at tonight's meeting. He is ill and therefore his absence is excused. PLANNING AND ZONING COMMISSION (P&Z) QUORUM SHEET Meeting Date: April 19, 2001 Ed Lounds , Charles Grande Russell Aikens Ed Merritt Ramon Tn'as Fred R. Jones Bill Heam 595-2525 229-9878 489-4671 464-9728 200 56i-22i-8600 (O) 468-9859 (Home 461-7526 Carson Vice Chair 466-7600 Stefan Matthes, Chairman 464-3537 Yes Yes Yes Yes Yes Yes Yes 5 for quorum H:\WP\WP~P&ZWZ-DOCSXquorum. sht RevO1/O1 PLANNING AND ZONING COMMISSION (P&Z) QUORUM SHEET Meeting Date: April 19, 2001 Ed Lounds 595-2525 Charles Grande , . Russell Aikens , , ~ Ed Merritt Ramon Tn'as , Fred R. Jones Bill Hearn Carson McCurdy, Vice Chair 466-7600 Stefan Matthes, Chairman 464-3537 5 for quorum H:\WP\WPXP&Z~Z-DOCSkluorurr~ sht Rev01/01 Agenda Item #1 ST. LUCIE PLANNING & ZONING COMMISSION ROLL CALL SHEET DATE: April 19, 2001 -'"MR. MERRITT , . MR. MCCURDY /MR. LOUNDS MR. GRANDE ~ MR. TRIAS MR AIKENS ~ , MR. JONES ~ ~C~ ~~~_~. MR. HEARN / MR. MATTHES 0 THER S IN A ~END~CE: ~ H:\WPXWP~&Z~Z-DO CSXvote rev. 12/98 Agenda Item #1 S T. L UCIE PLANNING & ZONING COMMISSION DATE: April 19, 2001 Petition: March 15, 2001 Minutes vote MR. MERRiI2" MR. MCCURDY MR. LO UND S MR. GRANDE MR. 'IRIAS MR AIKENS MR. JONES MR. HEARN MR. MA ~ '~1 'lIES OTHERS IN ATTENDANCE.. H:\Wt~ WP~ &Z~Z. DO CS~vote rev. 12/98 Agenda Item//2 ST. LUCIE PLANNING & ZONING COMMISSION DATE: April 19, 2001 Petition: Grace Emmanuel Church VOTE MR. L 0 UND S MR. MCCURDY MR. MERRH'7' MR. GRANDE MR. TRIAS MR AIKENS MR. JONES MR. HEARN MR. MA TI'lIES I 0 THERS IN ATTENDANCE: H :\ WP~ WP~ &Z~Z-DO CSXvote rev. 12/98 Agenda Item #3 ST. LUCIE PLANNING & ZONING COMMISSION DATE: April 19, 2001 Petition: Covenant Reformed Presbyterian Church MR. GRANDE MR. MCCURD Y MR. MERRITT MR. LO UND S MR. TRIAS MR AIKENS MR. JONES MR. HEARN 0 THERS IN ATTENDANCE: H:\WP~WI'XP&Z~Z-DO CSXvote rev. 12/98 Agenda Item #4 ST. LUCIE PLANNING & ZONING COMMISSION DATE: April 19, 2001 Petition' Sunrise Tractor and Equipment MR. HEARN MR. MCCURDY MR. MERRiTI' MR. LO UND S I I I MR. ~IRIAS MR AIKENS MR. JONES MR. GRANDE MR. MATTHES OTHERS IN ATTENDANCE: H : \ WP~ WP~ &Z~Z-D O C SXv o t e rev. 12/98 Agenda Item #5 ST. LUCIE PLANNING & ZONING COMMISSION DATE: April 19, 2001 Petition: St. Lucie County, Island Bay VOTE MR. AIKENS MR. MCCURDY MR. MERRITT MR. LO UND S MR. TRIAS MR HEARN MR. JONES MR. GRANDE MR. MATTHES 0 THERS IN ATTENDANCE: H : \ WP~ WPXP &Z~Z. D O C S~v o t e rev. 12/98 ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY REGULAR MEETING ST. LUCIE COUNTY ADMINISTRATION BUILDING- ROOM 101 APRIL 19, 2001 7:00 P.M. AGENDA CALL TO, OR DER A. Pledge of Allegiance B. Roll Call C. Announcements AGENDA ITEM-l; March 15, ~ 2001, .Minutes Action Recommended: Approval. Exhibit # 1: Minutes of~-8, 199'8, Regular Meeting AGENDA .iTEM 2; RZ,01~i004 -'Grace Emmanuel Church Petition of Grace Emmanuel Church. for a Change in Zoning from the RS-2 (Residential, Single- FamilY - 2 .dU/acre) Zoning District to the RF (Religious Facilities) Zoning District. Staff comments by Hank Flores. Action Recommended.: Approval. Exhibit #2' StaffReport and Site Location Maps AGENDA ITE.M 3; RZ-0!,005-Covenant Reformed Presbyterian Church of Ft. Pierce. Petitionof Covenant Reformed Presbyterian Church of Ft. Pierce for a Change in Zoning from the CO (Commercial, OffiCe)Zoning District to the .~ (Religious 'Facilities) Zoning. Dis~ict, Staff comments by Hank Flores. Action Recommended: APproval. Exhibit #2: StaffReport and Site Location Maps AGENDA ITEM 4; CU-01,.00.1. ..-.. Sunrise Tractor and Equip.men~ Petition of Sunrise Tractor and Equipment for a Conditional Use Permit to'allow the retail sale of farm .equipment and .related accessories in the AG-I (Agricultural - 1 du/acre) Zoning District.- Staff comments 'by Hank Flores. Action Recommended: Approval Exhibit #2: StaffReport and Site Location Maps St. Lucie County Planning and Zoning Commission/Local Planning Agency April 19, 2001 Page 2 AGENDA ITEM 5; RZ-.01-006.- St. l~ucie Countw Board of County Commissioners Petition of St. Lucie County Board of County Commissioners for a Change in Zoning from the HIRD (Hutchinson Island 'Residential ~Distri&t) Zoning District to the I (Institutional) Zoning District. Staff comments by Diana Waite. ~ Action Recommended: Approval. Exhibit #2' Staff Report and Site Location Maps AGENDA ITEM 6; OTHERBUS!NESS Ao Other business at Board M ' embers discretion. NeXt regular Board of Adjustment meeting is scheduled .to be held on Thursday, May 17. 200 !, in Room 1'01 .°f the` St, Lucie CountY Administration Building. ADJOURN NOTICE: All proceedings before the Board of Adjustment of St. Lucie County, Florida, are electronically mCor~led. Ifa person decides, to 'appeal any'decision made by the Board °fAdjustment with respect to any matter considered at such meeting or hearing, he will need .a-record of the proceedings, and that, for: such pu~ose, .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 ofany.paay to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceeding Will be granted an oppo~nity to cross examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County c°mmuniw i~;ervi'ces Manager at 561/462-1777 or TDD 561/462-1428 at last forty-eight (48) hours prior.to the meeting. Any questions about this agenda may .be referred to the St. Lucie County Community Development DePartment-Planning Division, at 561/462-2,822. St. Lucie .County Planning and Zoning Commission Meeting Minutes March 15, 2001 CommiSsion ChamberS at7:00 p.m. MEMBERS PRESENT: Mr, Lounds, Mr'. Heam, Mr. Grande, Mr. Akins, Mr. Merritt MEMBERS. ABSENT: Mr. Matthes, Mr. McCurdy, Mr. JOnes., Mr. Trias (~excused) OTHERS PRESENT.: Mr. Kelly; Ms. Young, Ms. Shewchuck, Ms. Lewis, Ms. Snay March 15,2001 Page 1 CALL TO ORDER Mr. Kelly cai'led the Planning and Zoning meeting to order at 7:00 p.m., as no chairman was available for this meeting. Mr. Lounds recommended that Mr. Merritt chair the March 15, 2001, Planning and Zoning Commissio Meeting. Mr. Grande seconded the recommendation. Upon roll call the motion passed unanimously. ANNOUNCEMENTS __ Chairman e-~.la...edxn ? the standard procedure of operation for this meeting. As a petition is heard Staff will give a brief pmsentatioh on the petition. Then the applicant will come forward to make a presentation, if he: or she wishes to do so. At anytimeas thedUring the meeting members of the board will ask questions of the applicant, 'staff, or the :addressee public hearing, thePphcantapplication.S pres en tat~ on,He the pUblicl~ willthatbe thegiVen'-boardthe opportunity to--~'come forward°pen'and speakAfter forthe or again becomes 'further eX-lained urges the public to give their opinion. At that time, after the public hearing, Staff will give the board their the issue and. render a position. Cha~an Merritt statedmC°mmendati°n'that he would likeTheto boardmake itwillverythencleardeliberatethat the boardPlanmngwillandact Zoningin that Co~ssionp t¥ lv islfonlYanyonean, advisorYis board to the Board of County Commissioners. Thi ca_aci_ on_~., not happy with the decisions rendered by this board, there is the ability to seek council in front of the County Commission, in anyone of these cases, which'do make the final decisions Chairman Merritt asked if there were any other.announcements. Chairman MenStt asked if there were~any minutes for-the February 15, 2001 Planning and Zonin~ Commission Meeting. , Mr. Kelly explained that due to a technical problemAprilWith19, the minutes, they would be forwarded in the next day or so, and action would be taken at the 2001 .public n n'-ea-ng. March 15, 2001 Page 2 AGE~A ITEM 2: .WETWOL,.INC. Ms.. Snay stated that ~agenda item 2 is the .request of Wetzel Construction for a change in zoning from the: CN (Commerci District to the CO (Commercial Office) Zoning District for property 'i This petition is consistent with the Land Development Code th for Comme Residential Urban Land Use Designation. The subje:ct propertY is currently a real.estate offiCe. The applicant-has' indicated the desire:to locate the office pOrti business to this location. No additional construction related activities ~site, The property to: the south of the subject property is designated with an R 'District. The properties! to :the~ north, east and [ghborhood).~Zoning 'District. ApprOximately ~A mile to the east is a commercial that has a number of retail and office uses associated with it. The proposed the .surrounding area. The.existing uses along M are :and office in nature. Staff is recommending that thiS petition be forwarded to ~the County Co~sSioners with a recommendation approval. .-Chairrnan Merritt requested that the petitioner or a representative for the petitioner come forward and address the board. Mr. James' Wetzel, petitioner, stated he had 'been working with St. Lucie County for 15 years. He further eXplained that he currently .operates in an office on the second floor in'downtown Ft. Pierce and is attempting to relocate .this offiCe into the area. In addition, he stated that he did-not see how this would make a negative impact on the surrounding areas, by changing the use. All I will be doing, is putting a desk and. Phone into the existing, building.. Mr. Grande asked Mr. Wetzel if the current building meets all parhng requirements. Mr. Wetzel stated .that the.building meets the County's paring requirements. He further explained that the building was designed for the dual use. He did not realize previously that he could not have his construction office in with his real estate office, He stated it was oversight on his period by not checking the regulations. Mr. Grande asked Mr. Wetzel if he was expecting to. increase the traffic. Mr. Wetzel stated that only one parking space would be utilized for the construction business (his).. Mr. Lounds asked .Mr. Wetzel if the.necessity of the change was a glitch in the paperwork, more or !ess and aSked for clarification.on ~whether or not there is an existing real estate office there, and that he is asking the board to allow him to combine the two .businesses together and because it is a construction office a d~fferent zoning designation is necessary. Mr. Wetzel responded in the affirmative. Mr. Lounds further.asked whether anything else would be changing. Mr. Wetzel stated that nothing else would change, outside the building or.inside the building, except the sign on the building. Mr. Wetzel further stated that nO equipment would be on the site. He is strictly a subcontractor. March 1:5, 200I Page 3 Mr. Heam asked staffto clarify if in a case like this where an applicant is asking fora change in zoning from CommerCial Neighborhood to Commercial Office is there any recollection of any recommendations of denial. Mr. Kelly stated that he did:not mcalI any recommendations of denial. He further stated that the Commercial NeighborhOOd purpose' states that it should be those uses, which serve a relatively small geographic area, truly a neighborhood type of use. Commercial Office is really intended' for offices, but it is intended to allow for contractor:offices, which serve a much larger area. Mr: Wetzel builds outside the White City Area obViouSly~. That is really the extinction between the two zoning districts. Mr. Kelly stated that: he previously intended to speak .on this issue after the petition and make some recommendations in Order .to Clean up the 'zoning districts. With the board being~ only five members present, this issUe will'be placed on anot:her agenda at a different date. .Mr. Heam asked~if is was~ a fair comparison or assessment that Commercial Office.uses are actually less intense than Commercial Neighborhood in some instances. Mr. Kelly stated that in some instances clearly it would be less. Mr. Heam stated that the Conditional Uses allowed in the Commercial Neighborhood Zoning District are much more intense than Commercial Office. .Mr. Kelly stated that 'he feels that defining the two .Zoning Districts would be .better but Mr, Wetzel shouldn't have to wait until a Code.revision is completed. Mr. Merritt asked Mr. Wetzel whether or not there, would be.any equipment or truckS parked within the parking lot of the facility. Mr. Wetzel responded in the negative.. Mr. Wetzel-explained he did not have any trucks or equipment. Mr. WetzeI stated that over the last 15 years, he has worked out of an office on the 2aa · floor in downtown' Ft. Pierce, Where'there is not parking. I am not going to change my operation at this time. If anything, .I am slowing down. Chairman Meffitt asked.if there were any .more questions for the ~petition. There being none Chairman Merritt thanked the petitioner. The public hearing was opened, at that time for File No.' RZ,0 1-003. He asked ~for.the public t° come forward to speak for. or .against the petition. There being no one-the public 'heating was Closed. Since staff had given their recommendation he asked the pleasure of the board, Mr. Heam stated after conSidering the testimony presented during the public healing, including staff comments, and the standards of review setforth in Section 1'1.07.03, St.. Lucie County.Land Development - Code, I hereby move that the Planning and Zoning Commission recommend that the.Board of'.County Co~ssioners grant approval to the appliCation of WETZEL CONSTRUCTION, JAMES WETZEL, AGENT, for a Change in zoning from the CN (COmmercial Neighborhood) Zoning District to the CO (Commemial Office):Zoning District because it appears .that the commercial neighborhood and Commercial Office Zoning Districts are very compatible and the effects on the adjacent properties will be very minimal. March 15, 2001 Page 4 Mr. Grande. seconded the motion. Upon a roll call vote-the motion passed unanimously. OTHER BUSINES~ Mr. Lounds asked Staff to 'update the .board on what has been d°ne in regards to the concerns expressed by the Board regarding land'locked lots and 'lots that are totally out of a zoning area that is surrounded by properties annexed into another jUrisdiction. Mr. Kelly. stated that he 'would reseamh the issue and bring it back to the Board in the future. Mr. Lounds stated he would like staffto not forget the issue, because the issue is raised from time-to- time. __ Mr. Heam stated that at Tuesday, 4:00 p.m., the Board of County Commissioners are going to hear the and Use Element of th~ Comprehensive Plan on Sec°nci Reading, and as FutUre L it is probably the most ~mportant element .of the Comprehensive Plan, if any individual has the time to come and participate in the discussion, it would be very beneficial. Chairman Merritt stated that the next meeting would-be April 19, 2001. ADJOUR~ENT Mr, Lounds made motion to adjourn with Mr. Heam seconding the motion. March 15,2001 Page 5 REVISiED 5-17-01 St. Lucie County Planning and Zoning Commission Meeting Minutes REGULAR MEETING April 19, 2001 Commission Chambers at 7:00 p.m. MEMBERS PRESENT: Mr. Heam; Mr. Aikens; Mr. Merritt; Mr. Lounds; Mr. Grande; Mr. Trias; Mr. McCurdy, Vice Chairman; Mr. Matthes, Chairman. ,MEMBERS ABSENT: Mr. Jones; Excused. OTHERS PRESENT: Mr. Hank Flores, Planner III; Mr. David Kelly, Planning Mgr.; Ms. Cyndi Shay, Planner II; Ms. Diana Waite, Planner III; Ms. Julia Shewchuk, Comm. Dev. Director; Ms. Heather Young, Asst. Co. Atty. April 19, 2001 P & Z Meeting Page I REVISED 5-- 17--01 ,CALL ,ro ORDER Chairman Matthes called to order the meeting of the St. Lucie County Planning and Zoning Commission meeting at 7:05 p.m. PLEDGE OF ALLEGIANCE ROLL CALL , ANNOUNCEMENTS Chairman Matthes gave a brief presentation on what you can expect to transpire tonight. For those of you who have not been here before, we are an agency that makes recommendations to the County Board of Commissioners and that is the capacity that we act in. What we will do tonight is that we will be presented on each petition with a brief summary of the project by staff after which time the petitioner will come up and make his case for the requested petition and change. At any time this Board will stop and ask questions of the petitioners or staff. After that process is completed we will open the public hearing for people who wish to speak for or against the petition. The purpose behind this hearing to is to get the general public input. Please if you have something to say, come forward and say it. After everyone has gotten a chance to speak for or against the petition we will close the public heating, staff will make a final recommendation to this Board, we Will deliberate: and we will make a decision on our recommendation, one way or another. The decision that is made is typically read from a scripted set of statements that are given to us. It may sound rehearsed but it really is not. There is one for and one again:st given to us in the package, so we may make the motion either one or the other so it is very clear in the records. Once again, I want to remind you that we only act as an advisory capacity the Board of County Commissioners and if you are not happy with the outcome of the heating you always have the opportunity to speak at the public hearing in front of the Board of County Commissioners on the petition in front of us that will be forwarded to them with a recommendation of either denial or approval. Mr. Matthes stated he needs to abstain himself from voting item no. CU-01-001, Sunrise Ford and Tractor. No other announcements or comments. April 19, 2001 P & Z Meeting Page 2 REVISED 5-- 17--01 ,AGENI)A ITEM 1:. MARCH 15, 2001 MINUTES Mr. Heam mentioned a couple of corrections to the minutes. On page 3, the paragraph that starts out "Mr. Wetzel stated that the building meets .... it was oversight on his period," the word period should be part. Also, on page 4 in the middle of the page, "that he feels that defining the two zoning districts would be better," the word defining should be combining. Mr. Matthes asked for a motion for approval of the April 19th, 2001 minutes. Mr. Lounds moved for acceptance, seconded by Mr. Grande with changes. Upon a roll call vote, the motion passed unanimously. April 19, 2001 P & Z Meeting Page 3 REVISED 5-- 17--01 AGENDA ITEM 2:RZ-01-004 - GRACE EMMA~EL CHURCH Petition read by Hank Flores. The purpose for the change in zoning from the RS-2 (residential, single- family-- 2 du/acre) zoning district to the RF (religious facilities) zoning district on the subject property. Surrounding zoning to the subject property is agricultUral residential 1 d/u per acre to the North, RS-2 to the West and East, Institutional zoning to the South and Commercial General further to the East. The property being considered for this petition is similar in size to the Miami Latin Church Of God, which was approved 1/23/01. During public hearings for that petition, staff computed the expected maximum development. This parcel can be expected to have approximately 19,900 SF of religious facility space. The staff finds that petition meets the standards of review as set forth in the Land Development Code and is not in conflict with the Comprehensive Plan. Staff recommends forwarding this petition to the County Board of Commissioners with the recommendation of approval. Mr. Matthes asks for any questions to the staff. None asked. Mr. Matthes then asked if the petitioner was present. Mr. Lounds questioned expansion of religious facility for any future educational uses. Mr. Matthes asked the petitioner to come to podium. Mr. Sam. Chess introduced himself, Pastor of Grace Emmanuel Church. He stated that they are a church of 11 years in Port St Lucie and have a very small school as part of the church with no plans to expand beyond that point. Mr. Lounds questioned staff regarding the usage of the land for educational purposes. Looking at this as religious facility and bringing a school with them. The Pastor acknowledged the school would come with the church. Mr. Kelly followed up with a question to the petitioner regarding school hours. Pastor Chess answered it is a M-F and Sunday school. Mr. Lounds questioned if this changes the intent. Mr. Kelly responded to Mr. Lounds that staff was not aware of the school and that it would require a conditional use hearing, which is an additional heating before this Board and the County Commissioners to have the school approved. We could do one of two things tonight. We could go ahead with the recommendation on the zoning, which would give petitioner comfort on how the P&Z Board feels and delay the County Commissioner heating until a subsequent meeting and have the recommendation on the conditional use, Or we could do it all at once, decision of Board and petitioner. Mr. Matt~es addressed the petitioner. Pastor Chess requests further explanation from the staff about zoning and options. Mr. Kelly recommended that both uses be submitted to the Commissioners on the same night. Full approval would not be made until this point. Mr. Kelly asked the Pastor how far along they are with the project, to which Pastor stated that they have site plans developed. Mr. Kelly stated next month or the month after. Pastor stated he wished to wait for both zonings. Mr. Lounds suggested to accept the church zoning and wait for school conditional use. Mr. Lounds addressed the Pastor regarding notification of nearby residents being contacted. The Pastor stated, they had not, except for the landowner. Chairman Matthes opened the Public Hearing. None responded. Chairman Matthes closed the Public Hearing. Chairman Matthes asked if there were any further questions of the staff. Mr. Lounds asked what is at the comer of Kitterman Rd and US 1, Southwest comer, to which Mr. Kelly replied the new Hess station and North of t]hat is a bakery. ' A]pril 19, 2001 P & Z Meeting Page 4 REVISED 5-17-01 Mr. Hearn stated that after considering the testimony presented during the Public Hearing, including staff comments, and the standards as set forth in Section 11.06.03, St Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Luciie County Board of County Commissioners grant approval to the applicatiOn of Grace Emmanuel Church for a change in zoning from RS-2 (residential single family du/acre) zoning district to the RF (religious facilities) zoning district because it seems like a good fit for~the community there and it should blend in nicely for the future development of that area. Motion seconded by Mr. Grande. Upon a roll call vote the motion passed unanimously and forwarded to the County Commissioners for approval. April 19, 2001 P & Z Meeting Page 5 REVISED 5-17-01 AGENDA ITEM 3: RZ-01-005- COVENANT REFORMED PRESBYTERIAN CHURCH OF FT PIERCE ~ Mr. Hank Flores read petition of Covenant Reformed Presbyterian Church of Ft. Pierce for a change in zoning i¥o'm the CO (Commercial, Office) zoning district to the RF (religious facilities) zoning district for the property located on the east side of S 25m St. approximately 130 ft south of Elizabeth Ave. The stated purpose of the rezoning is to allow the establishment of a religious facility on the subject property. The surrounding zoning for the subject property is Commercial General on the NW, RS-4 to the North and South, RS-3 to the SW, Residential 5 du/acre is located to the East, Institutional to the South and West and Religious facility zoning is located directly to the south. The property being.considered for this petition is similar in size to the Miami Latin Church of God, which was approved 1/23/01. During public hearings for that petition, staff computed the expected maximum development. This parcel can be expected to have approximately 19,734 SF of religious facility space. Mr. Matthes asks for questions of the staff. Mr. Lounds asked how much distance exists from 25th and Edwards to the facility. Mr. Flores stated it was 1,200 ft. Mr. Lounds questioned the ruling on selling alcoholic beverages sold within so many feet of a religious establishment and the school across the street. Mr. Flores stated it is 1,600 ft front door to front door measured from the nearest roadway along the centerline. Mr. Matthes asks for any further questions for the staff and if petitioner or representative was present. Mr. Pat Mushy, Murphy Realty, announced himself as agent for the petitioners. He stated that the church purchase has already closed on this property. He mentions that the Pastor is present in the audience. Mr. Murphy feels that this is a logical location for church. There is a church to the south of this site. He feels the church will make good neighbors for this area and appreciate your support on this petition. Chairman Matthes opened the Public Hearing. None responded. Chairman Matthes closed the Public Hearing. Mr. Hearn questioned staff on the 25th St traffic problems anticipated. Mr. Kelly replied that they see no problems since church hours are off-peak hours. Mr. Matthes inquires about the RFP for widening and is the petitioner aware of that, to which Mr. Kelly stated that is usually addressed in the site plans portion. Mr. Flores stated that the staff finds that this petition meets the standards and review as set forth in the Land Development COde and is not in conflict with the Comprehensive Plan. Staff is therefore recommending forwarding this petition to the County Board of Commissioners for approval. Mr. Grande Stated that after considering the testimony presented during the Public Hearing, including staff comments, and the standards as set forth in Section 11.06.03, St Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Covenant Reformed Presbyterian Church of Ft. Pierce for a change in zoning from CO (Commercial, Office) zoning diStrict to the RF (reli i g ous facilities) zoning district because it's completely consistent with the standards of review of 11.06.03 of the Land Development Code. Motion seconded by Mr. Aikens. Upon a roll call vote the motion passed unanimously. Mr. Matthes excused himself from the meeting and turned the gavel over to Mr. McCurdy. April 19, 2001 P & Z Meeting Page 6 REVISED 5-17-01 AGENDA ITEM 4: .CU-01-00I. Sunrise Tractor Equipment Mr. Hank Flores read the petition of Sunrise Tractor and Equipment for a Conditional Use Permit to allow the retail sale of farm equipment and related accessories in the AG-1 (Agricultural-1 du/acre) zoning district for property located at 9901 Ockechobee Rd, which is on the south side of the road, approximately 1/3 mile west of Gentile Rd. Surrounding zoning is AG-1 to the North, South, East and West, Agricultural 1 du/2 ½ acres located to the North across the road. The applicant is proposing a total of 23,400 SF of space and consists of showroom and office space, storage space and future space. Mr. McCurdy asked for questions of the staff. Mr. Grande questioned who owns property, Sunrise Ford or Mr. Kindred. Mr. Flores stated that Mr. Kindred is proprietor under contract with Mr. Dunn, the property owner. Mr. McCurdy asked for presence of petitioner or his representative. Mr. Dennis Kirk announced he is an attorney who represents Mr. Tom Kindred and Sunrise Tractor Equipment. He stated he had no comments to add, except Sunrise Tractor has been in business since the 40' s. The use is consistent with the code and has no significant environmental impacts. Mr. Heam questioned agent that this service would create shorter trips for customers. Mr. Kirk agreed. Chairman McCurdy opened the Public Hearing. Mr. Paul Gagnon announced himself as a homeowner at the address 9864 Okeechobee Rd., across the street from the proposed project. He stated he has been a resident there since 1946 and owns two parcels directly opposite the proposed zoning and 10 other acres. He expressed his concerns regarding the deterioration of the surrounding AG properties and the effect it has on property values. He also stated that no one from Sunrise or their representatives had ever contacted him about this petition or what their plans were. Mr. Lounds responded that he believes Sunrise will add value to the properties there and they will make good neighbors, based on their reputation. Mr. Heams also mentioned pro-active code enforcement in regards to the deteriorating conditions in the area. Mr. Gagnon discussed the purchase of land by the Indian tribe. Mr. Howard Dunn, Jr. announced himself as representative for Sunrise. He supported Mr. Kindred with Sunrise's excellent community service and welcomes them as a neighbor. Chairman McCurdy closed the Public Hearing. Mr. Flores stated that the staff finds that this petition meets the standards and review as set forth in the Land Development Code and is not in conflict with the Comprehensive Plan. Staff is therefore recommending forwarding this petition to the County Board of Commissioners for approval. Mr. Lounds stated that 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 Sunrise Tractor Equipment for the conditional use permit to allow the retail sale of farm equipment and related accessories in the AG-1 zoning district. I make this motion because I think Sunrise Tractor will be a very good neighbor and addition to this area of St. Lucie County. I hope by them moving there, it encourages other agriculturally related businesses to do the same April 19, 2001 P & Z Meeting Page 7 REVISED 5-17-01 and I think it will relieVe a lot of concern that is on Orange Ave. It should be put into the minutes that this is west of 1-95 and this Board has made this recommendation to that effect. Motion seconded by Mr. Trias. Mr. Merritt stated that the Board turned down rezoning % of a mile from this property, by Mr. Skinner. We have to be more consistent what we are doing here. Mr. Lounds questioned staff. Mr. Kelly responded that Mr. S nner s request was a rezoning to CN (Commercial Neighborhood). It was our underst,mding he. was coming back with a service station at that location. Mr. Lounds stated that Mr. Skinner wanted more than the zoning was planned to do. Mr. Meffitt replied he recalls the service station rezoning request by Mr. Skinner. Mr. Kelly replied that service stations were changed to conditional uses and wasn't sure if Mr. Skinner applied before or after that change. And that parcel has since been rezoned as a church use. Upon a roll call vote the motion passed unanimously. Mr. McCurdy returned the gavel to Mr. Matthes. April 19, 2001 P & Z Meeting Page 8 REVISED 5-- 17--01 AGENDA ITEM 5:RZ-01-006 - ST. LUCIE COUNTY BOARD OF COMMISSIONERS Mr. Kelly introduced Diana Waite to present this item. He advised that this was a joint venture between the County and the State. Mr. Kelly reminded the audience that the comments related to design are not affected by the Zoning change. Ms. Diana Waite read the petition of St. Lucie County Board of County Commissioners for a change in zoning f¥om the HIRD (Hutchinson Island Residential District) zoning district to the I (Institutional) zoning district. The property is a 15-acre tract located directly east of the south Hutchinson Island Wastewater Treatment Plant. The tract was purchased for preservation and recreation purposes in 1995. The pun:hase was a joint acquisition between the State and St. Lucie County. The purpose of this zoning was to Change to a zoning district that more appropriately recognizes the pt~blic, conservation, and recreaticmal use of the property. This is mandated by the State. It's the best zoning that we have for public recreation areas, at this time. As part of the County's Comprehensive Plan future land use designation, this parcel is proposed to be changed to Conservation Public, to further recognize the public ownership of recreational purposes of prope~y. Staff has reviewed the petition and we determine that it does conform to the standards of review as set forth in the St. Lucie Development Code and is not in conflict with the goals, policies and objectives of the Comprehensive Plan. Staff. recommends forwarding to the. County Board of Commissioners for recommendation of approval. Chairman Matthes opened the Public Hearing. Mr. Bill Hutchison announced himself, as a representative of Sand Dollar Shores Condo Association, and as a homeowner (Mr. Hutchinson setup photos on easel before the committee). He discussed the dune- walk off structure and questioned authorization to being built. Photos show very low tide along shoreline, which exposes the worm reef and is not suitable for swimming. The walking on the reef will kill it permanently and cause beach erosion. He asked Ms. Waite when this purchase was made, was it understood that there would be public access to the beach area. Ms. Waite confirmed that was known. Mr. Grande inquired about the purchase of the property. Ms. Waite responded that the County Environmental Land Program purchased the land from the St Lucie County's Utilities Authority. Mr. Kelly clarified the funding was between the County, the State and residents from S. Hutchinson Island. Mr. Hutchinson inquires if this rezoning was in anyway connected with the Pelican Pointe West site. Ms. Waite states that the rezoning was agreed with the State at purchase in 1995, and no, Pelican Point is not connected. Mr. Kelly clarified the Pelican Point project is accessed through a different location, to the west but anyone can have access to a public area. Mr. Hutclhinson asked to reconsider the opening of this beach for public access due to the damage that will be left behind. Exhibits were presented showing dead worm reef. Ms. Waite acknowledged that an eco study Was not done on this property and will be addressed. Ms. Waite also mentioned a parking lot for public beach access is also planned. Mr. Hutchinson stated that more info is forthcoming on the reef. Mr. Matthes wants to know how far worm reef goes. Mr. Hutchinson answered that it goes at least ½ mile north of the wastewater treatment plant and is all living reef. And he advised, from the photos, that at high tide only 15 to 25 foot of beach is exposed for public use, especially during turtle season that is more restricted. Mr. Grande asked Mr. Hutchinson if he was present at the presentation by the Utility Company when they sold the land and the use of it. Mr. Hutchinson said he was not. Mr. Grande requested this petition be withdrawn. Mr. Grande said that Mr. Blazek, Utility Director met with residents of Island and informed them that it would be held as a conservation land and nothing recreational. He implied that nothing April 19, 2001 P & Z Meeting Page 9 REVISED 5-17-01 would be done with this piece of land and wants to hear from Mr. Blazek. Mr. Kelly stated that the new zoning category would better suit this property. Mr. Kelly stated that he is not authorized to withdraw it, but the committee could continue it. Mr. Me~xitt objected to the withdrawal of the petition and wants to hear from the residents. Mr. Lounds agreed. Mr. Aikens addressed staff regarding the reef area. He stated that the dune-area automatically designates this property for pUblic access. He also had concerns over not being able to stop the project now. Mr. Kelly responded that staff was aware of the reef. In planning for the parcel for the purchase, staff may not have addressed the reef as should have been because the reef was not a part of the purchase. It is our intent to go back and look at this with funding partners to resolve the issue. The petition is only to change the zoning. The park is appropriate for either zoning district. The issue before the Board is the rezoning, not the use. Mr. Trias wanted clarification on planned uses of property. Mr. Heam discussing zoning definitions. Mr. Matthes discussed restrictions to place on the property use and still comply with State. Mr. Grande believed the sellers were misled by uses of the property and objected to changing the zoning from HIRD to Institutional. Ms. Jane Sinatra announced herself and presented the pamphlet of Sabellariid Reefs and letter from the Oceanographic Society. (Attached) Mr. Tom. Robb announced himself, Vice President of Sand Dollar Shores Association, and read a letter into the record. (Attached) He stated his concerns regarding debris, destroying nature and public access. Chairman Matthes closed the Public Hearing. Mr. Matthes asked for further discussion. Mr. Lounds addressed Mr. Robb's comments and the fact that the County has spent a lot of money on park preservation. We need to do all we can to preserve the reef and the sea turtles. Residents have the right to visit the beaches for recreational purposes or educational. Mr. Robb stated that there must be an alternative plan and that the County scared away the nature with construction. Mr. McCurdy stated that this heating was not regarding the park use but the rezoning and asked for further discussions. Mr. Grande stated he is not supporting the zoning because of several reasons. There are two existing beach accesses close to this one. He feels it a mistake to build new instead of maintaining ones we have and that we have problems with funds in maintaining existing parks. He has to vote against it. Mr. Aikens stated that he agrees with Mr. Lounds and can support this since he received clarification from the staff. Mr. Grande stated that after considering the testimony presented during the Public Hearing, including staff comments, and the standards of review as set forth in Section 11.06.03, St Lucie County I, and Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners deny the application of the St. Lucie County Board of Commissioners for a change in zoning from the HIRD (Hutchinson Island Residential District) zoning district to the I (Institutional) zoning district because it's in conflict with the section 11.06.06 (i) in that it is in conflict with public interest. April 19, 2001 P & Z Meeting Page 10 REVIS ED 5-17-01 Motion seconded by Mr. Hearn with discussion. Upon roll call, the motion failed by a vote of 6-2. Mr. Me~xitt addressed the Board to state that the purpose of the hearing is only the rezoning aspect and it doesn't matter which zoning is used. The County and State dictate what goes on with this property. He commends the County and ESL program for what they have done for this County and probably the most of any county in the State. Mr. Heam personally wants more information on what it is to accomplish in changing zoning and what is going to happen to the property. He would like to have expert testimony regarding the worm reef. Mr. Matthes stated that you cannot condition a zoning. Mr. Trias agreed with Mr. Merritt and doesn't see how this discussion has any relevance to the issue. Mr. Grande reiterated his objection to changing the zoning and felt there were no reasons presented to change it because of the gray areas of the proposed use. Mr. Kelly replied that the simple explanation is the agreement when we applied 'for the grant that we would place it in a zoning which indicated public ownership. Other public ownership in that area are already zoned Institutional, not the best designation but the best we have at the moment. Mr. Matthes closed discussion and asked for a vote. Mr. McCurdy stated that after considering the testimony presented during the Public Hearing, including staff comments, and the standards of review as set forth in Section 11.06.03, St Lucie County ]Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval for the application of the St. Lucie County Board of Commissioners for a change in zoning from the HIRD (Hutchinson Island Residential District) zoning district to.the I (Institutional) zoning district because this is what was agreed on in the original purchase and is necessary for funding, and really doesn't :natter in the final use of the project. Motion seconded by Mr. Lounds. Upon a roll call vote the motion passed unanimously. Mr. Lounds addressed the public audience to thank them for their participation. Next scheduled meeting will be May 17, 2001. ADJOURNMENT April 19, 2001 P & Z Meeting Page 11 An OPEN LETTER TO ST. LUCIE BOARD OF COMMISSIONERS It was seven years ago that my wife and I first came to Hutchinson Island. We felt that we were as close to paradise as we were ever going to get. If we got up real early, we could watch a pair of Florida panthers Prowl the beach. On a sunny afternoon we would watch a female Bobcat sunning herself while her three kittens played in.the beach grapes. A stroll on the beach might fred us lOoking at baby turtles hatching out of their nest and running, as fast as their little legs coUld go, into the surf. With more and more building on the island there is less and 'less natural cover for these magnfficem animals. Things have changed, it's been four years since we have seen the panthers and two years since we last saw .the bobcats. The foxes are alSo gone. All that is left are the turtles. Now St. Lucie County is asking to have the property opposite the Water Treatment Plant re zoned so ~that they can tear up more of the .land and put ina parking lot for fifteen (15) cars. WHY? Is it because this is such a beaut~l beach? NO. The water at this beach is loaded with Worm Coral. Is it because all the other beaches on the island are overcrowded? NO. They are a~ under util~ed. Is it because there is a new development being build across.the street? Hmmmm Who knows. If these are not the reasons, what is? ' What's the down'side to this? Worm Coral: There are O~Y four (4) lOcations in the WHOLE WORLD that has worm coral. Hutchinsonlsland is one of them. This coral protects the beach from storms and stops the loss of -. sand. The areas on.the island thatdoesn't have the coral have had BAD beach erosion. To re-no~ish the beach can cost millions ofdollars. Worm coral is very delicate, if you walk on it you kill it where you walked. If you open up that area you will have people walking on it at. low tide and standing on it when the tide is high. If you kill the coral, you could ruin the beach. Turtle Nesting Area: This is a prirne nesting ~ area for some of the most endangered Sea Turtles. Having people running, jumping or walking over the nests will crash the eggs. Overcrowded Beaches?: A simple solmion to-t~ g enlarging Hermans Bay, about.a quarter of a mile ~South of where Florida's natural vegetation .will be tom up and destroyed to ~e room for,. unneeded parking lot. He .rmans Bay is a SWIMMING beach, no coral, excellent sand and waves. To expand this area would cost less. and do far less damage to the environment. We would plead with you, don't do more damage to this island and destroy what people from all over this country and other countries come to see and .enjoy. T~ you for your thoughtful consideration in this matter. Torn & Mary Ro bb ~v.~~Dt~Sand Dollar ~Shores A memo to: St. LU¢ie County Planning and Zoning Commission. April 11,2001 Subject: File Number RZ 01-006 -Change in Zoning of Hutchinson Island Parcel. Dear Commissioner: With regard to the subject file number created for the purpose the .commission is pursuing, I am writing as a representative of the Board of Directors of Sand Dollar Shores Condominium Association property which abuts the West/East property line immediately to the North of the County's ~RD parcel on ~HutChinson Island. Receiving your April 6, 2001 notice of a public hearing to be held on April 19, 2001 at the Administ]ration Building, I would presem three (3) issues for your consideration and response. ~.. 1. It is the Association's understanding that the County intends to create a public beach access on the parcel to be :re zoned, According to Ms. Diane Waite of the Zoning Office, a parking area accommodating twen.W-five (25) cars is to be constructed behind the existing dune crossover (competed in February 2001). Having .received t~ parcel from the State for the purpose of preservation and co~ervation.~ does the zo~sxon have the State's approval to proceed with the development ora public beach access? Will t~ development coincide with the State's definition of preservation and conservation of donated land ~ to remain in its natural and pristine state? 2. I ~reside ~ the South buildMg of the Sand Dollar Shores Condominium Association, on the eigM (Sth) floor. My balcony overlooks this parcel in its entirety. I have observed significant turtle nesting activity each spring and sumaneri During high' tide periods very' limited beach is available for walking. or enjoyment, even less when'turtle nests 'have been located and marked by the Marine :Patrol. I am concerned that unless~the beach is re'nourished with significant cubic yards o fnew sand there ~ be little or no beach for ~both t~les and beach goers to share. Surely this .area is the most .sensitive ecological portion of the parcel, not to mention rare species of vegetation to ~ uprooted for the parking 19t development. 3. Finally:, as you may be aware, a fragile ecosystem exists along the beachfront. A SabeHariid reef... ( one commonly known as worm rock) runs parallel to the sandy beach, exposed at low tide. This living rock ~ most certa~y be c~bed on by bathers.and children ~wanting to explore, .not realizing they are ld~g the worm:organism which'builds the reef in the first .place. Tidal energy created by storm wawes is greatly reduced by the reef formation, preventing accelerated erosion of the beach by strong wave .action which othe~e could reach k. Surely an en~onmental impact study would reveal ~this ~elihood as a consequence to'the beach being now adveaised by the County as a public beach. .- The .Board of Dkectors.ofSand Dollar Shores would appreciate and look forward tO hearing from the Commission on these' ~sues. Certain representatives of the Board also request the opPortunity to speak on these and' Possibly .other issues at the April. 19 meeting. ... Thank you for your attention. W~am R. Hutchison Director, Sand Dollar Shores Condominium Association. April 16,., 2001 To' Commissioners of St. Lucie Cohnty RE: File Number RZ01-006 - Change in Zoning of Hutchinson Island Parcel Dear Sirs: In connection with the above file number, I wish-to express my concern with the Suggested zoning Change which is under co. nsideration. When I-purchased my condominium, I was satisfied with the zoning-of the contiguous Pro-perties and' now I.see no..reason for any change in that zoning. Additionally, from All the information ! have.obtained, I understand the County, as well as the. State, is 'Strongly comi~ed to pmse~ation and conservation ~of the land and beaches. Any Further development for public beach access and parking Will-certainly have an .adverse Affect on that goal. I would strongly-u~ge that .you do not proceed with changing the zoning of.this paracel. .Sincerely, Clyde M, Brumbach Resident and Owner of Unit 416-C Sand Dollar Shores 7420 S. Ocean Drive Jensen Beach, FL 33432 ' APR t9 · ;:: . . . Jane Sinatra 7440 South Ocean Drive Unit 426A Jensen Beach, Fla. 34957 Home Phone (561) 229-5147 April 19, 2001 St. Lucie County Plamng & Zoning Commissioners 2300 Virginia Avenue. Room, 101 Ft. Pierce, Fl. Re: Proposed Rezoning of Property directly across from Hutchinson Island Wastewater Treatment Facility Dear Sirs/Madam: As a year-round resident of Sand Dollar Shores Condominium, your letter proposing a change in Zoning causes me great concern. Do we really need a beach access/dune crossover with parking lot so close to Herman's Bay? Was a site study done on this location? If it was, than you are no doubt aware of the Sabellariid reef located all along the beach. I voiced my concern to Mark D. Perry, Executive Director of the Florida Oceanographic Society located at 890 N.E. Ocean Blvd. on Hutchinson Island. I have just received his response of which a copy is enclosed for your consideration. I have also enclosed a brochure about the Sabellariid Reef reproduced with permission by I~avid W. Kirtley, Ph.D. This reef must be preserved and protected. It prevents beach erosion during our hurricane season. Down the road, Regency Island Dunes condominium has no Sabellariid Reef. They, as you know, also have no beach. Up and down the Island, beaches require refurbishment. By not developing this particular parcel of land, you will be preserving beach land into the centuries, thereby offering use of the land by more people over a much longer period of time. 'Respectfully, Jane A. Sinatra Florida Oceanographic Society 890 N.E. Ocean Boulevard Stuart, Florida 34996-1627 (561) 225-0505 FAX: (561) 225-4,725 E-mail: fos(~gate, net www. fosusa.org April 18, 2001 Ms Jane Sinatra 7440 S. Highway A1A JensenBeach, FL 34957 CHAIRMAN Bill Whittaker VICE CHAIRMAN Dan Chabot SECRETARY Kathy D. Fountain TREASURER William F. X. Dwyer DIRECTORS John Barstow Dr. Ralph Diaz John B. Dodge Everett Erlick Jordan Fields David Hillegas Paul Kleinfeld Joe LoTufo Bill Lutz Natalie MacDonald Jollyn Nolan Gordon Proctor Arthur H. Schneyman Barbara BriggsTrimble Karl Wickstrom HONORARY ADVISORY BOARD Tom A. Evinrude Dale Hudson Dr. Edwin Massey Jack Nicklaus John Payson Clifton S. Perry Nathaniei P, Reed Frances Langford Stuart EXECUTIVE DIRECTOR Mark D. Perry Dear Ms Sinatra: The nearshore living reefs along the Treasure Coast provide a vital habitat to hundreds of marine plants and animals including many threatened and endangered species. The coastal ecosystems in this area contain the highest biological diversity in the continental United States. In the surf zone along the Florida coast from Cape Canaveral to Biscayne Bay is a special reef habitat known as Sabellariid worm reefs. They are constructed by small marine worms (Phragmatopoma caudata-Kirtley) that build sand robes one next to the other to form large bolder-shaped colonies of 50 - 60,000 animals per square meter. Many of these reefs are exposed at low tide at which time the marine worms are down inside their robe homes. During high tides when the reef is covered with water, the worms come to the top of the robes and extend their tentacles, like a sea anemone, to collect their food. These reefs provide tremendous habitat for a wide range of marine life and in many cases provide protection against beach erosion by breaking up wave energy. The Sabellariid reefs are very accessible to the public, especially when exposed at low tide. Without knowledge of the reef people may destroy the reef by crushing the tops of the robes. Here at Florida Oceanographic we have a special component .of research and education programs about these Sabellariid reefs.and we'find that part of our mission is to help people understand these, special living reefs. Once they have the knowledge and understanding of the reefs they can help protect this vital habitat from human impact. Thank you for your interest and efforts to help us gain a better understanding of the nearshore reefs. You can find further information about Sabellariid reefs at the Coastal Center and on our web site on the Intemet. Please feel free to call anytime. Sincerely yours, Executive Director A Non.Profit Organization JEst. 1964 Please Recycle 0 FOHM 8U' MI MO'HANU IN.G CONFLICT FO.R COUNTY, MiUNICIPAL, AND OTHER LOCAL PUBLIC OFFIC-ERS LAser' NAME--FIRST NAME--MIDDLE NAME MattheS, Stefan MAILING: ADORESS 2980 S. 25~.~ Street Fort Pierce DATE ON WHICH VOTE OCCURRED April 19' 2001 .. . St. Lucie NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMFI'T'EE ~s~t~..%u~$e ~Cg~u~,t~. R[~ing and Zon~g co~ssi0n/ ~"'"HE'~ BOARD, COUNCIL, COM~ISSIOR, A~OR~ OR COMMIE ON WHICH I SERVE IS A UNIT OF: Q CITY ~COU~ NAME OF POLITICAL SUBDIVISION: St. Lucie ~ County MY POSITION IS: ' C1 ELECTIVE 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 cornpleting th% reverse side and filing the form. .. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, 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-taw, 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). EL. ECTED 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 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 mu:st 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 rninutes 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 after the form is filed. IF YOU MAKE. NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE ME~t'ING: ,. - 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 publicly at the next meeting after the form is filed. . DISCLOSURE OF LOCAL OFFICER'S INTEREST , hereby disclose that on (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 m-v--...e~..p[ozer 'wh.om ! am retained; 'or 20 O1 . _..__ 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 ':4: I 'CU~01~001 '~-.' s~rlse,'Tract0r.'and,'Equipment, Petition I of S~ise Tractor and. ~quipment for a ~nd±t%~nal. use, permi{'to allow--the .... fe-t~al1 sale 0f: farm equ±pment and related, accessories~ in the AG-1 (AgricUltural- 1 du/acre)' Zoning, District My firm is C~ently doing work for. the. Petitioner on: lthis project. NOTICE: U~JbER F'ROVISIONS OF FLORIDA STATUTES {}112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTItUTES'GROUNDS FOR AN'D"~',~;Y' BE' F;ON'IS'FIEi~'By 0N~ OR MOR~_ OF TH'E FOLLOWING'i"I~F;E/~:HME'NT, REMOVAL OR. SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT 'TO EXCEED_ .$10,000. CE FORM 8B- EFF. 1/2000 PAGE 2 PLA~ING AND ZONING COMMISSION REVIEW: 04/19/01 File Number RZ-01-004 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: FROM: DATE: Planning and Zoning C~)mmi'ssion Planning Manager ~? April 11,2001 SUBJECT: Application of Grace Emmanuel Church, for a Change in Zoning from the RS-2 (Residential, Single-FamilY -2 du/acre) Zoning District to the RF (ReligiOus FaCiliti~.s) ZOning District. ~ LOCATION: 705 Kitterman Road EXISTING ZONING: PROPOSED ZONING: FUTURE LAND USE: PARCEL SIZE: RS,2 (Residential, Single-Family- 2 du/acre) RF (Religious Facilities) RU-(Residential Urban) 4.79 acres PROPOSED USE: Religious Facility PERMITTED.USES: Attachment "A" - Section' 3.01.03(Y) RF (Religious Facilities)- contains the designated uses which, are permitted by ri. an accessory use, or permitted through AR'I Residential. 1 du/acre) to the noah. RS- 2~ , Single-Family- 2 d~acre) to the west and east. I (.Institutional) to the south. CG (Commercial, General) to the east. -The general existing use-surrounding the property, is residential to the north, east, and west. There are some commercial uses located along South U.S. Highway No 1 to the~east. · ' April 11,2001 Page 2 Petition: Grace Emmanuel Church File No.: RZ-01-004 FIRE/EMS PROTECTION: The Future Land Use Classification of the immediate surrounding area is RU (Residential Urban) to the east, west, and north. P/F (Public Facilities)is located to the south. Station #6 (350 East Midway Road), is located approximately 4.5 miles .to the northeast. UTILITY SERVICE: T~NSPORTATION IMPACTS ~he subject property would be served by an on-site well and septic system. RIGHT'OF-WAY .ADEQUACY: SCHEDULED IMPROVEMENTS: The existing right-of-way for Kitterman Road is 60 feet. The right-Of'way Width for S~)uth u.S. Highway No. 1 is 120 feet. None. TYPE ;QUIRED: Concurrency De'ferral Affidavit. STANDA~$ ST. REVIEW AS SET FORTH iN SECTION 11.06.03, COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the folloWing determinations: Whether the propOsed rezoning is in conflict'with, any applicable portions of the St. Lucie County Land Development Code; The proposed zoning district is consistent with the St. Lucie County' Land. Development Code. ~ Whether the pro, posedamendment ~s' consistent with all elements of the. St. Lucie County Comprehensive Plan; The proposed Change in zoning is consistent with all elements-of the St. Lucie County Comprehensive Plan. The Residential Urban Land-Use Classification allows the RF Zoning District. April 11, 2001 Page 3 Petition': Grace Emmanuel Church File No.: RZ-01-004 e 4~ e e 8~ Whether and the extent to Which the proposed'zoning is inconsistent with the existing and proposed land uses; The prOposed zoning is consistent with existing and proposed land uses in the area. The general eXisting use surrounding the property is residential to the north, east, and west.~-There are some commercial uses located along South U,S Highway No 1 to the east. ' ' Whether there have been changed conditions that require an amendment; Conditions 'have not changed so as to. require an amendment. Whether and' the .extent to which the proposed amendment Would result.in demands on public facilities, and whether or to the extent to Which the ~proposed amendment would exceed the capacity 'of such public facilities, including but'not ~ · · facilities, sewage faCilities, water parks, olid~Waste, mass rans~t, and' emer t ~. The-intended use for this rezoning is not expected to create significant additio.nal demands on ~any publiC facilities in this area. Prior to the approval of any proposed development, the applicant will need to provide documentation verifying that sufficient facilities ~are in place to support the development. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendmentis not anticipated to create adverse impacts on the natural environment. The apPlicant will be required to.comply with all federal, state, and local enVironmental regulations. ~ Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern, specifically identifying any negative affects of such patterns; An orderly and logical development pattern will occur with this change in zoning. The subject property has access onto Kitterman Road and there 'is. institutionally zoned property to the south, Whether the proposed amendment would be in conflict with the public interest, and is in 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 pu~ose 'and intent of the St. Lucie CoUnty Land Development Code. ~ . April 11., 2001 Page 4 Petition: Grace Emmanuel Church File No.' RZ-01-004 COMMENTS 'The petitioner, Grace Emmanuel Church, has requested this change in zoning from the RS-2 (Residential, 2 du/acre)Zoning District to-the RF (Religious Facilities) Zoning pmpe~y for aYeligious facility. n the Commermal Office Zoning District. If the change~in zoning request is 'approved, the applicant,~ by right, would be allowed'to establish any of the uses under the Permitted Uses section. Any use .under the Accessory Uses section 'wOUld be allowed only if one or more of the permitted uses exists onthe ~subject'prope~y. Any use under the Conditional Uses section could only be allowed if it first receives approval throtigh the Board of County Commissioners. The propeay being considered for.this petition is similar in size to the Miami Latin Church of God, which was-approved ~on January 23, 2001. During the hearings for that petition, staff computed the expected maximum development. This parcel can be expeCted-to have approximately 19,900 square feet of religious facility space, based upon an average of' 9,54% lot coverage by buildings. Attached is a chart detailing the churches previously analyzed. Staffhas~reviewed.this petition and determined, that it confOrms with the standards, of review Please contact this office if you have any questions on this matter. Aaachment hf cc: James E. Faske File ~Suggested~motion to recommend approval/denial of this reqUested change in zoning. MOTI__._ON TO APPROVE- AFTER CONSIDERING.THE TESTIMONY P~SENTED DURING THE PUBLIC HEARING, INCLUD~G STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE CO~TY LAND DEVELOPMENT CODE, I HE.BY MOVE THAT THE PLANNING AND ZON~G COMMISSION RECOMMEND THAT THE ST. LUCIE CO~TY BOA~ OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE A " PPLICATION iOF G~CE EMMANUEL CHURCH FOR A CHANGE IN ZONING FROM THE RS-2 (~SIDENTIAL, S~GLE-FAMILY- 2 DU/AC~) ZONING DISTRICT TO THE RF (~LIGIOUS FACILITIES) ZONING DISTRICT, BECAUSE ..... [CITE ~ASON WHY - PLEASE BE SPECIFIC]. AFTER CONSIDE~G THE TESTIMONY P~SENTED DURING THE PUBLIC HEARING, INCLUD~G .STAFF COMMENTS, AND THE STANDARDS OF ~VIEW AS SET FORTH IN SECTION 11,06.03, ST, LUCIE CO~TY LA~ DEVELOPMENT CODE, I HE.BY MOVE THAT THE.PLANN~G ~ ZONING CO~iSSiON~COMMEND THAT THE ST. LUCiE CO~TY BO~ OF CO~TY COMMISSIONERS DE~ THE APPLICATION OF GRACE EMMANUEL CHURCH FOR A CHANGE ~ ZONING FROM' THE RS-2 (~SiDENTIAL, SINGLE-F~IEY- 2 DU/AC~) ZONING DIST~CT TO THE RF (RELIGIOUS FACILITIES) ZON~G DISTRICT, BECAUSE..... [CITE ~ASON WHY- PLEASE BE SPECIFIC]. St. Lucie County Approved Religious Facilities Name of Lot Coverage Impervious Pervious Facility (Developed by Buildings AreaI Area2 area) New Hope Baptist Church Westside Baptist Church First Baptist Church of Fort Pierce Holy Family Catholic Church St. Peters Lutheran Church Liberty Baptist Church Apostle Faith Church of Deliverance Lakewood Park United Methodist Church First Presbyterian Church 9.75 (9.75) 23.77 (23.77) 12:008 (2.067) 19.584 (9.705) 18.79 (6.87) square footage 8.94 % 123,905 30-0,708 10.36 % 313,546 630,055 1.86 % 33,011 '57,028 8.4 % 166,658 621,777 27,064 I 9..04% 76,946 222,213 3:9 21,174 17..48 % 57,859 1'12,373 (2,78) 2..3 11,7.17 11.7 % 29,446 68,999 ('2.3) 5.61 16,846 1:2.05 % 41,936 98,064 (3.21) 8.12 5,200 6.00% 22,800 333,520 Miami Latin Church of God 5.68 23,60'4 4 9..54 % '81,649 165'771 Includes all building, concrete, and paved parking areas. Includes aH' open spaee, , and grass parking areas~ Calculated at'25% Estimate ~baSed on an average of the9 listed 'ities. Retention Area3 75,177 157,514 8,253 41,644 (64,637) 55,553 14,465 7,362 10,484 5,700 20,412 Parking Spaces Provided 341 545 39 228 166 41 35 74 63 136 H. RS-2 1. Purpose . . . o , Section 3.0t.03 Zoning Distdct Use Regulations RESIDENTIAL SINGLE-FAMILY- 2 The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum density of two (2) dwelling units per gross acre, together with such other uses as may. be necessaw for and. compatible Witrh Iow density residential surroundings. The number in "0" following each identified use corresponds to the SIC code reference described in Section 3.r01,02(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 a. c. Family day:care homes. (99.9) Family residential ,homes provided that such homes shall not be located within a radius of one,thousand (1000) feet of'another existing such family residential home with and provided that the sponsoring agency or Department 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. Single-family-detached dwellings. (999) Lot Size-Requirements Lot size requirements shall be in accordance with Section 7.04.00. Dimensional Regulations Dim:ensional mquimme.nts shall be in accordance with Section 7.04.00. Off-street parking requirements shall be in accordance with Section 7.06.00. Conditional Uses a,. Family residential homes located within .a radius of one thousand (1000) feet of another ~such family residential home. (~,~) Telecommunication. towers, subject to the standards of Section 7.10.23 (999) 7. Accessory Uses Accessory uses-are'subject to the requirements of Section 8.00.00. AdOpted August, 1, 1990 105 Revised Through 08/01100 ,, Y. RF . . . . . . o Section 3.01.03 Zoning District Use Regulations Purpose The purpose.of this District..is 'to provide and protect an environment suitable for the establishment and operation of churches,: synagogues, temples, and similar uses. The number in "()" .f,. ollowlng' each identified;.Use .corresponds to the: SIC Code reference described in Section 3.01.02(B). The number 999 appli.es to a use not defined under the SIC code' but may be fUrther defined in Section 2.00.00 of this code. Permitted Uses ao Churches., synagogues, temples, and similar uses. (999) 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 ao co Day care facilities, associated.and opemted.by the Principal religious use located on that prOPerty' This would include the OperatiOn of a day care facility d~ring the normal business week, as licensed by the State of Florida, as well as during any. religious function or associated activity: (999) Educational se~ices, associated with and operated by the principal religious use located on that prope~. This would include .the operation of an educational facility providing general academic and/Or:special training frOm grades K to- 1~2, and as. licensed' by the State_ of FlOrida. (9% ' . Telecornrnunication towem -subject to the standards of Section 7.10,23 Accessory'Uses Accessory .uses. are subject to the _requirements' of'Sec[~°n 8,00.00, and include .the following: a. Parking'l°ts & Parking areas, together with related circulation ,elements,. b. EnclOsed storage structures, ~ c. PlaygroUnds and athletic fields (no artificial lights) provided that no activity area shall be permitted within twenty-five (25) feet of the perimeter of the property. Adopted: August 1, 1.990 134 Revised Through 08/01/00 d. e. Section 3.01.03 Zoning Distdct Use Regulations Private water and sewage utility services provided that they are for the sole use of the particular private development; are not intended to be a sub-regiOnal system, and do not involve industrial wastewater as defined:. Single family dwelling (detached or as part of the principal structure). (1) Private swimming pool accessory to the single family dwelling provided that the swimming pools shall be walled or fenced to prevent .uncontrolled access .to such swimming pool from the street or from .adjacent propertieS. (2) Non-commercial garages accessory to the single family dwelling. Adopted August 1. 1990 135 Revised Through 08/01/00 0 C cD 1¥N~3 U3Q¥3H G¥O~ G33NS s P£ ! s S£ I s 9£ J, AJ..NFtO0 33ElOHO33NO 0 0 Z A Petition 'R ' ', 'family-2 units/acre) ·es.~dCnt~al, Single to of Grace Emmanuel Church for a Change in Zoning from RS-2 i I i I ! t I i ! ! I ! I I i ! I ! ! ! I I I ! ! ! ! I I I ! 1 I i I I i ! ! i I ! ! t 1 ! i 1 i ! I ! ! ! i i RF (ReligiOus Facilities) /4 R7 01- This pattern indicates subject parcel . Community Development · ' #'~ Geographic Information Systems · / M® prepared March 22, 2001 · f m ,?ery effo~., has been ,made to ¢ovide the most current ar~ accurate ~ ormation possible, it Is not intended 'for use as a legally binding, document. Ooforth Rd - . Hordee Ave !~_oning G.race Emm-anuel Church ! // i /~ ! /~ I ] I I ! I I ! I ! I I I i I I I ' ' AR-I ' ' I I ! I I i ,! ! ! I I I I I I I t I - i I i I I I ! I I I I I ! I i. t ! I i i I I CG Goforth Rd HOrdee Ave I ~' ..... --' ! ! ~ ! I I I I I I I I I II I ~' I I I i I I ! I ! I i I ! I ! I I I I I I I I CG RZ 01 This pattern indicates Community Develo,pment Geographic Information Systems Map' prepared March 22, 2001 This map While every informatior~ document. i-and Use Grac e Emmanuel Church J i I ! I I ! I I l t ! i I I l I 'l i t I l ! ! i I t I I ! i I I t ! i l I i I I I ! I i. I i ! i ! ! ! ! I I ! I 1 ! I ! i I Goforth Rd R? 9 ! I I I I I ! I I ! This pattern indicates. sUbiect parcel -COM Community Development Geographic I'nformation Systems Map prepared March' 22, 2001 This map has been compiled for Grace Emmanuel Church This pattern indicates · subject parce! , &-/Community Development 'Ge°graphic information systems · Map prepared March 22, 2001' :'; While every effort has been made to provide informalion possible, it iS not intended for use: as