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
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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.
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....
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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.
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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.
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- 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 ......
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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
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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:
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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
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related-accessories in the AG-1 (Agricultural - 1 du/acre) Zoning District.
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, 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.
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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
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