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Home My WebLink AboutDecember 20, 2001 St. Lucie County ~ Planning and Zoning Commission Meeting Minutes c¢*~¥~;~}};!ii~!~3~::'~ ~GULAR MEETING December 20, 2001 Commission Chambers, 3rd Floor, Roger Poitras Annex 7:00 p.m. MEMBERS PRESENT: Mr. Merritt, Mr. McCurdy, Mr. Lounds, Mr. Hearn, Mr. Trias, Mr. Jones, Mr. Grande, Chairman Matthes MEMBERS ABSENTA Mr. Akins.(Absent- Without Notice) OTHERS PRESENT: Mr. Dennis Murphy, Interim Community Development 'Director; Mr. David Kelly, Planning Manager; Mr. Hank Flores, Planner III; Ms. Cyndi Shay, Planner IH; Ms. Heather Young, Asst. Co. Attorney. CALL TO ORDER Chairman Matthes called to order the meeting of the St. Lucie County Planning and Zoning Commission at 7:00 p.m. PLEDGE OF ALLEGIANCE ROLL CALl, P & Z Meeting December 20, 2001 Page 1 Chai.rman Matthes gave a'brief~ meeting. For those of you is an agency that makes present a brief survanary of the the Petitioner will be. asked to come any time the CommiSSion may stop process is completed the Chairman will for or against the petition. The purpose public. If anyone has something to say, everyone has gotten a chance to speak Commission will deliberate'~and or the other. The decision that is made is ma~ .utes and CoUnty Commissio~ his/her case f the Petitioner hr' s Co~ission Staff will .ch time, :tition. At After that this hearing is to get free to c from the general :it. After The Way that are motion for given to the Commission. It may sound and one motion against in the package, so that the CommissiOn can make a motion either one way or the other so it is very clear .in the,records. Once again,. I want to remind you that the Planning and Zoning Co ~mmi~ '.ssionon!y ~acts in an advisory capacity for the Board of County Co~ssioners, If you the outcome of this hearing you will have the opportunity to speak at the public hearin Board of COunty Commissioners. P & :Z Meeting December 20, 2001 Page 2 AGENDA ITEM 1: November 15~ 2001 MINUTES Mr. Hearn requested that on page 11, second paragraph of the minutes be changed from "adjacent to" to "approximately 3 ½ miles from". Mr. Grande made a motion for approval. Motion seconded by Mr. McCurdy. Upon a roll call vote:, the motion passed unanimously (with a vote of 8-0). P & Z Meeting December 20, 20.01 Page 3 Hank Flores, presenting Staff separate petitionS filed by CPV CANA, Ltd. however each item requires that the CANA,' Ltd.~ has filed (Utilities) to. Permit to allow generation plant for.the 0.60 mile soUth industrial; pasture land, and~ combined cycle electrical approximately 175 megawatts a maximum of 75 megawatts of plant is natural ~gas. The applicant up to 30 days, at full load, per.year. and vote reference two CPV U al Use ~,red, electric Y is to construct a providing [mary source'of for the proposed fuel Oil be used as a back-up fuel for Staff has reviewed these petitions and dete~ned that they conform to the set forth in the Land Development Code and are not in conflict with.the Staff recommends that you forward these petitions to the B recommendations of~approval with the COnditional'Use pe~t subj conditions. as five Plan. with (,3) li~ting Chairman Matthes if there were any questions .of Staff from the Chairman Matthes asked if the Petitioner or representative was' present. ~Mr. Jr., attorney with Neill, Griffin, Jeffries, Fowler, Tierney and Neill in-'Fort practicing laW in Fort Pieme for 18 years.'Came forward to before the Co~ssion :tonight isa 250 Range. Line Road, heading Cut-off.. The -Commission are for a rezoning, The prope~y and we are asking that the entire property be rezoned only, Conditional Use Permit because in order to construct a power zoning, we .have to have a conditional use permit, Thefinal .aspect is 'the reflected in the staff report and as 'reflected by our firm.s rewe of application that meets all the legal reqUirements and standards. Seeing none, V. Neill, .and have been project is on the Industrial is the Utilities As this is an He introduced the applicant, 'CPV CANA, Ltd., a fully owned subsidiary of COmpetitive Power Ventures, Inc., which is a dyna~c young, company developing: power of Florida and also :outside of the state.: He continued that construction in the LTC Ranch Industrial Park located in Port St. Lucie, experience in developing~ electrical generating facilities. The plant has the infrastructure of the' communitY and the tax base as Well. He also from the City of Port St. Lucie to the Commission [~ that they support the project and believe it will be :an out that Mr. Cooper also :stated in .the letter that CPV and P~ter ~ credible, responsive to their requests and have honored their Commitments St. Lucie in a timely manner. Mr. Peter Podurgiel, Vice President of Development fOr Competitive Power Ventures:, Inc, stated P & Z Meeting December 20, 2001 Page 4.- ly under has proven of-a letter that he is also project manager for CPV .CANA, Ltd. He stated that he recognizes~.tiihi~-~ been other power projects before the Commission and he will be brief in his presentation. Chairman Matthes opened the Public Hearing. Mr. Rog Kermany stated he liveS four miles south of the project and is an Airpark resident. He continued that he is opposed to this petition because most of them have hangers and airplanes and he feels that adequate notice was not given and it is not needed since there are two other plants within 15-20 ~leS of this proposed site. He questioned if there was a real need for another plant and said it. Would be an eyesore because he-has to pass it everyday on his way to work. He also Said he.feels: it could create a flight hazard with planes flying at their lowest elevation for landing,~ He stated that his biggest concern would be the affect on Aero Acres and Treasure Coast Air Park. ' Mr. McCurdy asked the petitiOner to show the directions of the runway and Mr. Kermany explained that the runways ran east and west. Mr. William Barga advised he was from Treasure Coast Air Park and lives 3.5 miles from the site. He stated he was worried about their property values decreasing and the emissions from the stacks. Mn Tom Beck stated he is also from Treasure Coast Air Park and also lives within 3.5 miles of the site. He advised that'his concerns are what the impact will be on the environment from the fallout of smoke emissions, what the quality of their water will be, the air quality and pollution levels and also his property values. He also questioned the flight hazards and marking 'any existing obstructions.' If homeland security proposes a no fly zone, why put a plant this.close? Ms. Concis Nerbert questioned what impact there will be on her neighborhood with the new lines, residue from the stacks, fuel oil and truck ! railroad, impact from crossing. She asked, who makes the decisions on building a plant, the location, the 'size and who owns the property. . - Mr. Robert Rengald, Treasure Coast Airport stated that he objects to this petition because of its vicinity to residential areas because-there are at least a hundred lots within 3.5 miles of the. proposed site. He also questioned the emissions and air pollution, flight restrictions by the FAA. He stated he would like to have more information about the environmental impacts and the affect of the competing water uses with the Air Park. Mr. Tony Taggert, also an Air Park resident, stated he too had the same 'objection~ as the previous speakers. He asked how the neighbors ~to the north of the plant would be affected. He questioned if there was any real need for another plant in the area and how the pollution, dirt, noise and smells will affect them. Mr. Andy Basper, Aero Acres Air Park stated that his questi0ns..were regarding the pollution, debris fallout, power tower and distribution line and the fact that it ~ill be directly in prevailing winds. - Chairman Matthes reqUested that the secretary read into the records two letters that were received by the Board.. P & Z Meeting December 20, 2001 Page 5 Ms..Snay read in a Florida Port St. Lucie, Florida. Mr. PodUrgiel stated that the FAA has determined that there is no 'hazard to navigational airspace and presented a letter to:be entered into record. Mr. John Moyle, stated, that proper notice was county ordinances operating~ on site stated-that and that the industrial zoning and use of property aware of-the industrial park. He finished Communities and citizens :to discuss the tents of., the in place for .at he would be happy their airparks. He all ndustries ~.a. ir.~~ He alSo- lines 15 years. He were Core Mr. Grande aSked-if there was 'a time problem the appliCant to meet with with the Core Communities Board of County owners and residents to then bri and Mr. Podurgiel stated ~that they Airpark and 'Core Communities prefer to continue the process as there at'the Treasure He wanted Airpark and: to the before the Planning . · the residents :of the ~to discuss their Coast they would Mr. Kermanga stated that the F~ is not concerned :with flight, paths;., theY are :only interested in what happens within the. large airports, He continued to say that the F~ probably did not consider the Airport when, they made their decision and that they were aware~of the industrial use,. but did not expect anything with such high pollution, Mr. Jones addressed, the tower marking, and,lighting that i FAA and advised that could be a voluntary~ gesture. Mr. Merritt asked height of the stacks in relation to lines. Mr. Podurgiel stated that the tallest the structure is 40-50 feet above,that stack. Mr.:'. Lounds. asked if that is the included the additional. 20-30 feet of static lines. Mr. Podurgiel stated, that structure, not the stand' in between.. Scott Glaubitz explained that the higher of taller two lines is 115 feet, above elevation and the highest potion of the,~ plant is, 1 !0. feet-at. height differential. t the the 130 feet and or if ~grade 50~60 foot Mr. Lounds questioned that if there would be 3.5 million gallons of water per would the depth, be. Mr., 'Podurgiel adVised, · it would be 1300 .feet deep. Mr. what the salinity levels are at that .depth, Mr. Neal Collins, representing the the water would be brackish and advised that the levels at that depth-were too high' for agricultural use. P & ~Z Meeting December 20, 2001 Page 6 The; deep water well would be cased through the upper area at a depth of 1150 feet andan open hole another 50 .feet downi He. continued that the bolder zone (contained zone) is a confined area of 3,000 feet. Mr. Lounds asked if it was encased from top to bottom. Mr. Collins explained that it is and there is no potentiai for escape. Mr. Lounds asked if the retention ponds would be located behind the west of the Florida Tire Recycling Facility. Mr, POdurgiel stated it was south of it. Mr. LOunds asked what the noise levelS at 70 decibels would sound like. Mr. Eric Hood advised the sound in room is approximately 60-75 decibels. Mr. Lounds stated that theoretically the power plant would rise to 100 decibels and you could not hear from road, Mr. Hood explained that you would be able to hear from property lines and there lowest usage for the County would be at night. He also advised that residents are much further away from the facility. Chairman Matthes asked how they could dete~ne that residents that are 0.60 miles away would not be able to hear it. Mr. Hood advised that there was no way to prove that they will not be able to hear the sound Produced by the plant. He did state that the closest residence may be able to hear it if they concentrate and there is no traffic. Mr. iLounds asked how this Plant compares to other similar plants in the area. Mr. Podurgiel advised that on a pollution basis, they are the: cleanest. Mr. Lounds asked Mr. Podurgiel to compare their proposed facility to the Ft. Pierce Plant and any other facility that is of the same caliber as is being proposed before the Board. Mr. Podurgiel stated that it is tough to find a comparison based on appearance when compared' to the one being proposed. The closest he could find would be the Pope County facility. Mr. Mike Anderson showed some graphics explaining the .combustion of the facility. The sulfur. . dioxide levels, were d~picted on the graph. He also explained that CPVs-- proposednitr°gen facility°Xide / ermss~on rates are reduced because of the production basis of pounds per gallons of water. He also stated that' the CPV facility is unnoticeable in comparison with three.other existing plants. Chairman Matthes asked how this would relate to everyday life in the area. advised that it poses no threat to the public welfare. Mr. Anderson Mr. Rengald stated that the graphs .do not show how much the pounds/polluted' air comPares to anything else in the area. He also questioned what is being produced'and what kind of health risks this could pose. Chairman Matthes asked what other type of facility could be put there without going through a zomng change. Mr. Kelly responded that any p~rmitted use in the Industrial Heavy Zoning District would be plaCed on the site. Accessory uses and conditional uses were also possible. ,--- Mr. Grande asked Staff how many power plant presentations the Board had recently heard. Staff responded two presentations had been heard. He stated' that ea~:h One offered sOmething unique and eaCh is the best. He asked Staff if they have condi~ced a ~t~rvey to determine the best location for the orderly implementation of these types of uses;, i.e.,'power plants, instead of each one. He stated he is thinking about cumulative impact scattered around and if we have. looked at the total impact of the industry with regards, to air emissions and pollutiOn as well as the effect that these facilities will have on the ground water. Mr. Kelly stated .that we have not pre-located P & Z Meeting December 20, 2001 Page 7 County. He also Cl Mr. Kelly summarized the questions.that had been raised by the public during the public hearing. new or:is sold to other areas? What ~was previously planned;for the proposed site? What tyPe of facilitY.is being proposed? What type of fuel will the plant Utilize? What type of air emisSions will' be. released from :the :facility? Will the facility the ground water that is currently being utilized by the Air Park? .How will of Water be handled?' ~ Wi the area?.~ At what distance will the power plant? How will this.facility affect the existing flight pattems~for the Air park? ~Will .this be a flight haZard? Is there really a need:for an additiOnal power plant in St, Lucie COunty, eSpecially'in this area? What visual impact will occur from the construction of this. poWer.~plant? Will it:be landscaped along the roadways? How will the area? Will Cut-Off Road~ange this homeland security · ' If we .~ plants, wi due Mr. Podurgie! .attempted to address the list of.questions and stated that being built; they are tying into existing lines. He .also stated that the plant the runway atthe airpark and there are lights on the.tower and that continued t't uSe theexcess heat cycle and most: plants bum Seeing no one else, 'Chairman~ Matthesclosed. the. Public Hearing. around .Power -. lines were the: FAA. He what was Combined. Mr. Heam stated that his concerns were the .issues brought up by addressed in the letters. He also stated that..the cumulative effects .are questioned why. we: meet only: the many plants will the citizens Chairman Matthes listed in ,ort. recornrn~endation of Staff was. approval of the conditional u P & Z Meeting December 20, 2001 Page 8 ~se ~. ~ ~oncem and~' -- until Staff conditiOns Mr. Lounds stated that he understands Mr. Heam's feelings, but continued that the further out the plants are built, the betteroff we are. Mr. Grande stated that he has no problem with the notification of those within 500 feet, but feels it would be a good idea to extend the area to all those within 1,000 to 2,000 feet especially with the density of the developments. ' 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 11.06.03, 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 CPV CANA, Ltd., for a Change in Zoning from the IH (Industrial, Heavy) and U (Utilities) Zoning Districts to the U (Utilities) Zoning District because the' proposed zoning is compatible with the industrial uses in the area and the proposed pOwer plant is not inconsistent with other uses, plus the proposed are is more,benefiCial to a power plant than being downtown due to .the property being next to a power distribution line and safe: sight pollution.' Motion seconded by Mr, Jones- Upon a roll call vote the motion passed with a vote of 6-2 (with Mr. Grande and Mr. Hearn voting against) and forwarded to the Board of County Commissioners with a recommendation for approval. P &Z Meeting December 20, 2001 Page 9 AGENDA ITEM 3: CPV CANA~ LTD - File No. CU-01'007 Hank Flores, presenting Staff comments, Chairman Matthes opened the PUblic'Hearing- Seeing. no.one., ChairmanMatthes 'closed the PubliC Hearing. Mr. Lounds asked if the lights .were needed~, Mr~'.'Merritt stated ' ~1 t fee Mr, Merritt.stated that after considering the ~tesfimony: Hearing, including and::~the. Standards of Review as 11.07.03, 'St. .Zoning Commission recommend that~ ~the St-~Lucie ~County Commissioners grant approval to Use permit to allow .the operation (Utilities) Zoning on as 'a Public and ~of !County U 'ed:to .other Motion seconded by.Mr. Lounds. Upon a roll call vote the motion passed with a vote of 6- voting against) and forwarded to the Board of County recommendation for approval. tMr. Hearn with P & Z Meeting December 20, 2001 Page Hank Flores, presented. Staff comments, stating that Agenda Item # 4 was the Application of Verizon Wireless (MasTec Wireless, Agent) for a Conditional-Use Permit to allow a 200 foot lattice communications tower in the AG-1 (Agricultural- 1 du/acre) Zoning District for property located at 8803 Indrio Road. Communications towers are allowed as conditional uses in the AG- I Zoning District.sUbject~ to :the approval of the BOard of County CommissiOners. On August 22, 2001, the St. Lucie County Board: of Adjustment granted a variance to allow the construction of the co~uniCations tower within 750 feet of a habitable residential structure. The variance granted allowed the tower to be placed approximately 522 feet from this home~ which is also the home of the Owner of the Subject ProPerty. Verizon Wireless' Radio Frequency (RF) Engineer conducted an inventory of existing towers in St. Lucie County and has stated that the proposed tower location is the best possible location available that meets the requirements of the Land Development Code and also meets the requirements as mandated by their license with the Federal Communications Commission (FCC). Staff finds that this 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 that you forward this petition to the BOard of County Commissioners' With. a recommendation of approval subject to one condition: The proposed communications tower shall be constructed to a. maximum height as determined by the FAA. Mr. Jerry Knight, representative for the petitioner, stated that they were requesting a Conditional Use Pe~t in the AG-I (Agricultural-'1 alu/acre) Zoning District because towers are only allowed as a conditiOnal use. He continued that he had already obtained a variance to allow the tower less than 750 feet from residences. He also stated that they did examine other locations and that this was the best location possible. As indicated by Staff, they received word from the FAA, which would only allow a maximum height for the telecommunication tower is 120 feet. Therefore, they are requesting a reduced height of 120 feet as permitted by the FAA. Originally 200-foot lattice was going to be used, They are modifying their request and reducing the height to a 120,foot monopole. He continued, that in summary, they would be going from 200-foot lattice to a 120,foot m°nopole as requested by the FAA. Chair~nan Matthes asked if there were any questions of staff or the petitioner. Mr. Grande asked if this was a self-supporting pole or would it have guy wires. Mr. Knight answered that it would be a self-supporting monopole tower. Mr. Heam asked about the tower at Indrio Road and 1-95. Mr. Knight stated that the 2~a sheet provided tonight dePicts other tov~i~rs'.. in the area. Ms. Kristine Alexander stated that the FHP (Florida Highway Patrol)~.tO~er that is " located at the turnpike does not allow other antennas on it, due to the type .of equipment. Mr. Heam asked if it was correct that they could not co4ocate. Ms.. Alexander advised that is correct. Chairman Matthes opened the Public Hearing. Mr. Ed Becht stated that the idea behind the variance to move the tower closer toward his client's P & Z Meeting December 20, 2001 Page 11 residence and office was to ~ni~ze impact in the :area, Mr. Lounds asked if it Would waiver due to area~ :by the Board · if in County ~ Mr, into a alSo was e ~ concerned~ withany th~ .~ that-may be granted. Mr. Becht stated .that his client .had already agreed to, the required, :landscaping" and would not be seeking an amendment from the Land DeVeloPment Code requirement. Seeing :no one else, Chairman Matthes closed'the PUbliC Hearing. ~ Mr. Jones stated: that after'cons~denng ~the testimony, presente including ~staff Comments, and the'Standards of Review as set forth Lucie County Land DeVelopment. COde,. I hereby .move Commission recommend that -the approval, to .the:application Conditional USe permit to allow a foot. lattice (Agricultural - 1 du/acre) because .it' was a .07.03, St. rant a AG-I not ,impact Motion seconded by Mr. Merritt. Upona roll: call vote. the motion, passed ~unanimous!y· (with a.'vote of the Board of County Co~ssioners with~ P &Z Meeting December 20, 2001 Page 12 Mr. Dennis Murphy, ~:terim Community Development Director, stated that Agenda Item #5 & #6 were the petitiOns of Lin Indrio, Inc. a Florida Corporation to amend the St. Lucie County Comprehensive Plan, granting a change in Future Land Use designation from RE (Residential Estate) to RU (Residential Urban) and to amend the St.. Lucie County Comprehensive Plan by extending the: Urban Service: BOundary of the St. Lucie County Comprehensive Plan-to encompass ~property located at the: ~northeast cOmer of the intersectiOn of Indrio and Johnston Roads. Staff recommends that the Planning and Zoning Commission / Local Planning Agency defer any actiOn, without prejudice, on these petitions, until the completion of, or in conjunction with, the planned local area planning studies for the Indrio/North County Planning Area and continue the hearing to a date certain. Mr. Richard Sneed, representing the applicant, recommendation to'continue the petition for follow up. stated that they agreed with staff's Chairman Matthes opened the Public Hearing. Seeing no one, Chairman Matthes closed the Public Hearing. Mr. Merritt asked if the studies will include any issues between the property owners and if the study will be ready as of the next meeting. Mr. Murphy advised it would not. Mr. Lounds questioned continuing this, if that is part of the concerns. Mr. McCurdy stated that this Ordinance should be continued to the next Planning and Zoning Meeting on January 17, 2002. Motion seconded by Mr. Jones . . Upon a roll call vote the motion passed with a vote of 8-0 to continue until January 17, 2002. P & Z Meeting December 20, 2001 Page 13 Mr. DenniS MurPhy, #6 were . the Comprehensive Plan, Estate extending ' th, tor. s & .Lucie County Plan by Plan ~to and Johnston action, without prejudice, on.these petition& until, the .completiOn of planned local area planning~ studies for the hearing to a date certain. Chairman Matthes opened the public Hearing. the' 'and continUe the Seeing no one, Chairman Matthes closed the Public Hearing. Mr. Lounds s~ted that this Ordinance should be continued to ~the next Planning and Zoning Meeting on January 17, 2002.. Motion seconded by Hearn. Upon a roll call vote the motion ~passed with a vote of' 8.0 to continue until January 17, 2002. _ P & Z Meeting December 20, 2001 page 14 Dennis Murphy, Interim Community Development DireCtor, stated that Agenda Item # 7 is the petitiOn of Mr~ William Morales to amend the St. LUcie County Land Development Code by amending Section 3.01,03(Q)(7), COmmercial NeighbOrhood, Conditional Uses, to add a New Paragraph F that would: provide for' the EstabliShment and Operation of: Drin~ng Places Organizati°n)(Alc°h°lic BeverageSas a Conditional as an ACceSs°rYuse. USe to a Restaurant and/or Civic, SOcial and' Fraternal Mr. Merritt asked about the distance required for schools and churches. Mr. Murphy explained that: is a state regulation. Mr., Heam asked if was county policy to allOw.any citizen to be able to request a Land DevelOpment Code text change. Mr. Murphy explained that is correct and the petitioner is charged an application fee for the request. He continued that zoning text changes are usuallY initiated by the County, but over. the years, a few people have come forward to ~request a zoning text change, in this manner. Mr. William MOrales stated he is the current owner of "The Frosty Mug" on the Turnpike Feeder Road. This establishment would like to sell alcoholic beverages, excluding beer and wine, as an accessory use to their .restaurant. He submitted an application for an alcohol beverage license and was told that the area in.question was not designated with the appropriate zoning for the sale of alcoholic beverages, He further stated that before submitting his application, he discussed' with Staff and the Board of County Commission members, his situation and the best method to alleviate the problem., h meeting with Staff, it was determined that a rezoning of the property- was ~nappropriate as the property is located in the middle .of other CN properties and therefore a Comprehensive Plan Amendment .and Rezoning 'would be required. In Staff s determination this would be an inconsistent method as it would be spot zoning. The other option discussed was. a textual Change to the 'Land Development Code .to allow the sell of alcoholic beverages as a . Conditional Use. This .would have the same affect as allowing, each application to be submitted and obtain approvals on own merit. The existing restaurant patrons have.indicated that they would like to enjoy a drink with, their meals. Over the past of businesses have 'opened but are never able to make a go of it. Mr. Morales sta~ his opinion that the ability to sell alcoholic beverages would improve the ability for an establishment to stay open in the existing location. Mr,' Jones asked if this--is the best.way for the petitioner to obtain his goals. Mr. Kelly 'stated that "yes it w -" as,. He also stated that it is difficult to separate., needs on a.,particular .pamel 'from the'-' fact that we are changing in all CN districts with the County. Staff doesn't agree but it is the best- situation for the applicant. · Mr. Kelly stated that it is difficult to separate needs on a particular parcel to the fact that we are.. changing the allowable uses in all CN districts with the County. Then he can seek.a conditio/ial -'-~' '":- use permit through, both boards. -' Chairman Matthes asked if this petition would set a precedent. Mr. K611y stated .that it would not. If approved, the conditional use would be available to all CN prop'etiY. The Planning and Zoning Commission and the Board would still maintain control. T° 'all'ow this change in CN zoning would have to have every establishment come before the Commission and 'the Board.. Mr. Morales stated that the people could decide through notification, mail-outs, etc, whether, or P & Z Meeting December 20, 2001 Page 15 not the sale of safety as beer is regul that Trias that the :anti.by use 1 and a copy of his application was..attached to show this, Mr. LoUnds asked what the difference between distilled ~and un-distilled feels that most people can get'just .as drunk on' beer as whiskey. application in. CN, if they' have ~a conditional'use permit, and why staff is recommending denial, other than the Mr, policy. acceptable :use is nO direction of Dis~ricti Mr, Merritt asked. Staff if this use would 'be.appropriate .for responded in the negative, due to the.uses being set and the use is not pe~tted in this area. was, 'because 'he by the .Board [ not. be .~.'an ~,. ~,Mu~hy district Mr. Tim Trefelner came~ forward stating that he currently operates the on the .Tumpike~eeder Road and that he was in favor of the zoning applicants the opportunity-, to apply and two establishments within the area,, which are selling hard liquor. .Mr. Grande asked if the two other :establishments in the. area have hard stated that one is located' in' the .same shopping plaza.as is Habits. He stated that the, Habits establishment is~located are sUppose to sell food but actually~don't. 'This .establishment is not for Seeing no one else, Chairman Matthes closed the Public Hearing. Mr. Lounds asked if we approve if .any other establishment that wishes'-: beverages would have to go before' the Com~ssion and the Board. this petition were approved then yes they would ~ going beforel,both' boards. Chairman: Matthes' asked if beer / Wine are.an accesso~ adVised yes. Mr, Grande asked-if they were, to approve, this change,' that Would make it difficult to approve some and not others because ofa p Ms. Young stated that if a petition meets the tec~ic~d requkements of the valid reason for.denying a Conditional~Use then the .Bo~d wOuld P & Z Meeting December 20, 200'1 Page 16 .it-gives all them are Mr. Trefelner establishment .advised that if Mr.. Mushy. being set. .and there is. no of the petition, Chairman Matthes asked what process must be gone t~ough to obtain a liquor license. Mr. Murphy stated that ~. Morales could probably explain that better. Mr. Morales stated that the ATF has a long application and a building inspector process and the paramemrs of church/ schools must be reviewed. He continued that it is a $30,000 - $70,000 license. Chai~an Matthes asked if the licenses are li~ted per year. Mr; Lounds asked if there is any chance that an applicant can be ~approved and then not serve food. Mr. Mushy advised that would revoke the conditional use pemt. Mr. Heam stated that he feels the CN Zoning protects neighborhoods of the undue effect of these businesses. It would not impact the quality of life, but his concern is that we have zoning districts that will allow them to do what they want. Not in the best interest of the residences to allow the selling of alcoholic beverages in the CN Zoning. He stated during the Comprehensive Plan Amendment process, the Comp Plan Study Group, recommended a new process whereby a petitioner could request a ~pec~a~ t~xcept~on to the zoning code to allow a use, which is not permitted. In his opinion, this. petition is more suited for this procedure, but not an overall change to the Land Development Code. Mr.. McCurdy stated that he agrees with Mr. Heam and is sympathetic to the applicants needs,- but .fee~ls this is not the proper way-to handle this and that a special use Condition or rezoning to CG may be a better approach. Mr. Grande stated he too agreed with Mr.. McCurdy. Chairman Matthes stated that he has a problem with changing the zoning 'text to all of the CN zoning districts. He stated .he doesn,t see a difference between the selling of beer, wine or other- distilled alcoholic beverages, if.used properly. Mr. Morales stated that he would have a liquor license and food and asked if. there were any special assistance or other opportunities available to help make this happen for him. Mr. Merritt stated that after considering the testimony presented during the Public Hearing, including staff 'comments, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County-Commissioners deny the applicatiOn of Mr. William Morales for an amendment to Section 3.01,03(Q)(7)of~the.~ St. LuCie CoUnty Land Development Code to provide for the establishment and ~ operation of rlnklng places (alcoholic beverages .as'an accessory use to a~ restaurant and/or-civic, social and fraternal orgaffizations)" as a Conditional Use in the Commercial Neighborhood (CN) Zoning District because alcohol sales do not protect the quality of life in single-family residential neighborhoods. Motion seconded by Mr. Grande. · Upon a roll call vote the motion passed with a vote of 6-2 (Mr. Jones and 'Mr. Lounds voting against) ' Chairman Matthes stated that he would like Staff to explore other, oPportunities for the applicant. · Mr. Lounds stated that Habits Zone was a previously zoned, zoning change with non-conforming use. Mr. Merritt aSked Mr. Kelly if the proposed site would be eligible for a rezoning. Mr. Kelly P & Z Meeting December 20, 2001 Page 17 stated that it :is a long, P & ~Z Meeting December 20, 2001~ Page 18 Next schedUled meeting will be January 17, 2002. ADJOURNMENT Motion to adjourn made by 10:30 p.m. and seconded by _. Meeting was adjourned at Respectfully submitted: awn Gilmore, Secretary Approved by: Stefan Matthes, Chairman P & Z Meeting December 20, 2001 Page 19 / PLANNING AND ZONING COMMISSION (p& z) QUORUM SHEET Meeting Date: December 20, 2001 Ed Lounds (...~harles Grande Ed Merritt Russell Akins Ramon Trias Fred'R. Jones Bill Hearn Carson Vice Chair Stefan Matthes, Chairman 5 for quorum 595-2525 C 464-7675 H 229-9878 464-9728 489-4671 462-2048 460-2200 468-9859 561-221-8600 461-7526 466-760O 464-3537 W G:\Planning\Admin, Sec\Planning & Zonin~\PLANNiNG\p&z\pz_DOCS\QUORUM.doc PLANNING AND ZONING COMMISSION (P& Z) ~ ROLLCALLSHEET For Meeting: December 20, 2001 MR. MERRITT .MR. Mc CURD Y MR. LO UND S MR. TRIAS ~ MR. JONES MR. GRANDE MR. AKINS MR. MATTHES Others in Attendance: ~-')e,~r,i ~ ~~%,,. · 0_.~.,.~.~ l~Deo )J'D" ' ~ ' G: \ Planning\Admin_Sec \ Planning & Zoning \ PLANNING \ P&Z \ PZ-DOCS \ROLLcALL. DOC Agenda Item ff,,,, 1 ST. LUCIE PLANNING & ZONING COMMISSION DATE: December 20, 2001 Petition: November 15, 2001, Minutes MR. MERRITT MR. MCCURDY MR. GRANDE [ ~ / MR. TRIAS tMR AKINS MR. JONES tMR. HEARN tMR. MA TTHES G:\Planning\Admin__Sec\Planning & Zoning\PLANNING\p&z\pz_DOCS\VOTE.DOC Agenda Item # 2 ST. LUCIE PLANNING & ZONING COMMISSION DATE: December 20, 2001 Petition: CP V CANA, LTD. (Rezone from IH & U to U) MR. MCCURD Y / MR. L 0 UND S .v,/ MR. TRIAS b~ MR AKINS MR. JONES___ MR. HEARN MR j1E v ~, twr VOTE: COMMENTS: Agenda Item # 3 _ ST. LUCIE PLANNING & ZONING COMMISSION DATE: December 20, 2001 Petition: CPV CANA, LTD. (Conditional Use Permit in U) MR. L 0 UND S ~ iL, rD f2 D A ATFI I~ MR. TRIAS MR. JONES MR. HEARN L~ MR. MC CURDY VOTE: COMMENTS: , - , Planning~A~in_Sec 5 Planning & Zonin9 5 PLYING 5 P&Z 5 PZ-DOCS 5VOTE. DOC ST. LUCIE PLANNING & ZONING COMMISSION Agenda Item # 4 DATE: December 20, 2001 Petition: Verizon Wireless (MasTec Wireless, Agent) (Conditional Use Permit in AG-I) MR. ~ MR. LO UND S VOTE: COMMENTS: i oropoL. - O: \ Planning\Admin_Sec \ P1 anning& Zoning\ PLANNING \ P&Z \ PZ-DOCS \VOTE. DOC Agenda Item// 5 ST. LUCIE PLANNING & ZONING COMMISSION DATE: December 20, 2001 Petition: Ordinance No. 02-00~ (Change in Future Land Use) MR. TRIAS MR AKINS MR. JONES MR. HEARN MR. MERRITT MR. MC CURDY MR. L 0 UND S MR. GRANDE MR. MATTHES ~ VOTE: COMMENTS: G:\Planning\Admin_Sec\Planning & Zoning\PLANNING\p&z\pz_DOCS\VOTE.DOC Agenda Item ff.. 6 ST. LUCIE PLANNING & ZONING COMMISSION DATE: December 20, 2001 Petition: ORDINANCE NO. 02-00~ (Ex~- ice--.-oun~-'ary) MR AKINS ', - ....... _. MR. HEARN ,, MR. MERRITT MR. LO UND S MR. GRANDE MR. TRIAS · · MR. MATTHES rove: COMMENTS: G:\Planning\Admin_Sec\Planning & Zoning\PLANNING\P&Z\pZ_DOCS\VOTE.DOC Agenda Item # 7 -- ST. LUCIE PLANNING & ZONING COMMISSION DATE: December20, 2001 Petition: ORDINANCE NO. 02-004 (Amending LDC- CN, Conditional Uses) MR. JONES MR. HEARN MR. MERRITT MR. MC CURDY MR. L 0 UND S · MR. GRANDE MR. TR IA S MR. COMMENTS: G:\Plannin~[\Admin__Sec\Planning & Zoning\PLANNING\P&Z\pZ_DOCS\VOTE.DOC HP OfficeJet K Series K80xi Pers~onal Printer/Fax/Copier/Scanner Last Transaction Date Tim_e T_y.p_e_ !dentification~ Dec 14 1 l'13am Fax Sent 813217231159 Log for St. Lucie County 561-462-!581 Dec 14 2001 11-14am Duration Pa_ag.~ Resul_ t. 1'18 3 OK BOARD OF COUNTY CO/v~ISSION£RS COMMUNITY DEVELOPMENT DIRECTOR FAX# (561)462-1581 TRANSMISSION COVER FORM OFIMENTS : JOHN D. BRUH'N, District No. 1 · DOUG COWARD, District No. 2 · PAULA A. LEWIS, District No. 3 ° FRA'NNIE HUTCHINSON, District No. 4 · CLIFF BARNES, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 Administration: (561) 462-1590 · Planning: (561) 462-2822 · GIS/Technical Services. (561) 462-1553 Economic Development: (561) 462-1550 · Fax: (561) 462-1581 Tourist/Convention: (561 ) 462-15'29 · Fax: (561 ) 462-2132 HP 0f~~t K Series K80xi Pers0nSi i~i~ter/Fax/Copier/Scanner L, st Transacuon Ti. rne ~ Identificatio~n Dec 14 ll'llam Fax Sent 94659904 Log for St. Lucie County 561-462-1581 Dec I4 2001 11-12am Duration 1'14 Pages OK BOARD OF COUNTY COMMISSION£RS FAX# (561)462-1581 TRANSMISSION COVER FORM COMMUNITY DEVELOPMENT DIRECTOR TO: COMPANY: ~ DEPARTMENT: RE: NUMBER. OF PAGES INCLUDING COVER: SENDER: COld'lENTs PHONE NUMBER: JOHN D. BRUHN, District No. I · DOUG COWARD, District No. 2 · pAULA A. LEWIS, District No. 3 · FRANNIE HUTCHINSON, District No. 4. - CLIFF BARNES, District No. 5 County Administrator. Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 Administration. (561) 462-1590 ° Planning: (561) 462-2822 · GIS/Technical Services: (561) 462-1553 Economic Development: (56 .1 ) 462-1550 · Fax- (561 ) 462-1581 Tourist/Convention: (561) 462-1529 · Fax: (561) 462-2132 HP OfficeJet K Series K80xi Personal Printer/Fax/Copier/Scanner ~ Tirn_e T. T2~ Identification Dec 14 ll'09am Fax Sent 93379774 Log for St. Lu¢ie County 561-462-1581 Dec 14 2001 11-10am Duratio~ Pa_.ag~ Result 1'13 . 3 OK BOARD OF COUNTY COMMISSION£RS FAX# (561) 462 - 1581 TRANSMISSION COVER FORM COMMUNITY DEVELOPMENT DIRECTOR COMPANY: DEPARTMENT: RE: NUMBER~ OF PAGES INCLUDING COVER: SENDER C01~ME. NTS : mHONE NUMSER : ~~ ~ _ JOHN D. BRUHN, District No. I · DOUG COWARD, District NO.county2 · PAULAAdministratorA. LEWIS,_ DouglasDiStrict NO.M.3Anderson. ~ FRANNIE HUTCHINSON, District No. 4 · CLIFF BARNES, District No. 5 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 Administration: (561) 462-1'590 · Planning: (561) 462-2822 · GIS/Technical Services: (561) 462-1553 Economic Development: (561)462_1550 · Fax: (561)462-1581 Tourist/Convention: (561) 462-1529 · Fax: (561) 462-2132' St. Lucie County Planning and Z ' orang Commission/Local Planning Agency .Regular Meeting Commission Chambers, 3rd F: ' loor Roger Poitras Annex December 20, 2001 7:00 P.M. CALL TO ORDER: AGENDA A. Pledge of Allegiance 13, Roll Call (2. Announcements D. Disclosures Action Recommended: Approval Exhibit #1: Minutes of November 15, 2001, meeting AGENDA. ITEM 2: ~FILE NO, Rg-01-015 PetitiOn of CPV CANA, LTD,,. fora Change in Zoning from the. IH. (Industrial, Heavy) and U (Utilities) Zoning Districts to the U (Utilities)~ning District. Staff comments by Hank Flores. .. . Action Recommended: Forward Recommendation to County Commission Exhibit #2: Staff Report, Site Plan, and Site Location Maps ~~_' NO. CU-01-007 Petition~of C2~V. CANA, LTD., for a Conditional Use Permit to allow fOr. the construction of an electric generation plant- in the U (Utilities) Zoning District. ~ Staff comments by Hank Flores. Action Recommended: Forward Recommendation to Coun~ Commission Exhibit #3: Staff Report, Site Plan, and Site Location Maps · . Petition of }~RIZON WIRELESS (MasTec Wireless, Agent), for a Conditional Use 'Permit 'to allow for the construction of a 200 foot tall telecommunications lattice tower, and associated equipment in the'AG-1' (Agricultural _ 1 du/acre) Zoning Dis~ct, Staff comments by Hank Flores.- Action Recommended: Forward Recommendation to County'Commission . Exhibit #4: Staff Report, Stte Plan, and Site Location Maps . A~GE~A IT__ ~ Petition of Lin Indr~o, Inc,/PHOENiCiAN COUNTRY CLUB for an Ordinance granting-a Change in Future Land Use Designation from RE. (Residential Estate) tO RU (Residential Urban). Staff comments by Dennis Murphy. Action Recommended: Forward Recommendation to County Commission Exhibit #5: Staff Report and Draft St. Lucie County Planning and Zoning Commission/Local Planning Agency Regular Meeting Commission Chambers, 3rd Floor Roger Poitras Annex December 20, 2001 7:00 P.M. Petition of Lin Indrio, Inc./PHOENICIAN COUNTRY CLUB for an Ordinance extending the Urban Service Boundary of the St. Lucie County Comprehensive Plan. Staff Comments by Dennis Murphy. Action Recommended: Forward Recommendation to County Commixsion Exhibit #6; Staff Report and Draft AGENDA Petition of William Morales for an ordinance amending the St. Lucie County Land Development Code by amending Section 3.01.03(Q)(7), Commercial Neighborhood, Conditional Uses. Staff Comments by Dennis Murphy. Action Recommended: Forward Recommendation to County Commission Exhibit #7: Staff Report and Drafi A. Other business at Commission M ' · · embers discretion. B. Next regular Planning and Zoning' Co~ssion meeting will be. held on January 17, 2002, in Commission Chambers at the Roger Poitras Annex Building. ADJOURN NOTICE: All proceedings before the Planning and Zoning Commission//.~cal Planning Agency of St. Lucie County,. Florida, are electronically recorded. If a person decides-to appeal any decision made by the Planning and Zoning Commissio~cal Planning Agency with respect to any 'matter considered at such meeting or. hearing, he will need a record of the-proceedings, and that, for such purpose, he may need to insure that a verbatim record of the proceedings :is made, which record includes, the testimony and evidence upon which the appeal is based. Upon'the. request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted, an opportunity to cross-examine any individual testifying during, a hearing upon request. Anyone with a disability requiring ~ C ~ . . accommodation to attend this meeting should contact the St. Lucie-County -ommumty. S, ervlces Director at least forty-eight (48) hours prior to the meeting at (561) 462-1777 or T.D.D. (561) 462-1428. Any questions about this agenda may be referred to the St. Lucie.County Planning Division at (561) 462-1586. t e¸ S. Lucre County Planing and Zoning CO~ssion Meeting. REGULAR MEETING November 15, 2001 Commission Chambers, 3rd Floor, Roger Poitras Annex 7' .00 p,m. MEMBERS PRESENT: Mr. Mcrritt,-Mr. McCurcly, Mr.~ Lounds, Mr. Hearn, Mr. Trias, Mr. Grande Mr. Akins, Chairman Matthcs ' MEMBERS ABSENT: Mr. Jones (excused) Mr. iDavid Kelly, Planning Manager; Mr. Hank Flores, Planner II1; Ms. Cyndi SnaY, Planner II; Mr. Dennis Grimm, Code Compliance Manager; Ms. 'Heather Young, Asst. Co. Attorney; Dawn Gilmore, Administrative Secretary. Chairman Matthes called to order the meeting of the St. Lucie COunty Planning and Zoning Co~mission at 7:00 p.m. ROLL CAL~ Mr. Grande stated that he did have a conversation with one of the petitioners but they were not aware that he was a board member. ~He advised that he did ~not feel it necessary to recuse himself, but just ,wanted to disclose that information. Mr. Heam stated that he had conversations with several members of the public regarding the petitions on tonight's agenda but he did not .feel he should recuse himself. Chairman Matthes disclosed that for File No. RZ-01-014 (Glassman Development Corp) and RZ- 01-016 (Roger Medema) he would recuse himself due to conflict of interest. P & Z Meeting November 15, 2001 Page 1 Chairman is an 'summary of the the :Petitioner will any time the for or against the. petition. The public. If anyone has everyone has gotten a chance Co~ssion will or the'other, cision that is given to and one way or the and 'sion The Staff will time, At After that to speak state it. After hearing. The one. way that .are for one Once again, I want to remind you that the Planning ~and advisory capacitY 'for the Board of County Commissioners, If you are not of this hearing you will have the oppOrtunity to speak ~at .the of County Commissioners. :an the outcome : of the Board Chairman Matthes requested that due to the large amount of public attending,~Yone wanting to speak ~please sign their name on .the sheets. ~ Mr. Heam stated ::that he wanted .eye. one : si~ed up, if they wish to speak regarding any of the petitions ,they are allowed. Chairman Matthes stated that he would like. to move :up .Agenda,Item # 4 to be~the second item on the-agenda. The Board unanimously agreed. Mr.-Merritt made an announcement that :he would like m have and corrected because he felt he was not absent three times.. He stated minutes late to a meeting, but was' not absent and would like the.record reviewed P & Z Meeting -November 15, 2001 Page 2 AGENDA ITEM 1: SePtembe 20, 2001 MI~TES Mr,, Lounds made .am°tion for'approval. MotiOn .Seconded by Mr. McCurdy. Upon a roll call vote, the motion passed unaffimously (with a vote of 8-0). P & Z Meeting November 15, 2001 Page ~3 ~AGENDA ITEM 2: Glassman ~Development COrporation- File No, RZ-0t, ~v~o"'~'~~'a~:~ Agenda Item # 4 - this hearing Hank Flores, presenting staff comments, stated that Agenda Item #2 was Glassman 'Develop~ Zoning frc Multiple-Family- 5 du/acm), and CN ( Zoning Districts to the PUD (Planned Silverlake) -acres of property at the 'so and Spanish Lakes development with 799 ~units, family units. The Land space, a minimum of 15% condition. The Planned development Wetlands account for 5.75 acres, a upland habitat has been preserved. areas designated ~for residential development, The minutes of application of 5 (Residential, Road are p~ a residential units 344 multiple- that 35% of the site mus~ consist of open upland habitat preserved in its .natural projected area in ~otal open space. 25.55 ac.res, and 23.4'1 acres of native ect of 114.83 acres-consists of those Mr. Kieran Kilday of Kilday' and Associates advised they are the. showed the Commission an ariel photo~aph, which 'illustrated the Lakes and their entrance in correlation to the project,'Lakewood Pines. He stated the property is currently undeVeloped with the Spanish.Lakes and a lake area in the .middle .of the site. (Industrial, Extraction) and the majOrity of the propeay is zoned RM-5 Family- 5 da/acm) and approximately 9,5 acres in-the upper' comer Neighborhood). He ment, Spanish .entrance to IX Multiple- He then showed the Master. Plan to the :C0mmission, which would be a single,family subdivision. :He .then advised the lake provide more lake' front lots around the lake; as well as the lake .area on entrance to the property. The property wil! ~have two (2)entries. Indian Pines Boulevard and will consist of a landscaped median and a access primarily for residents only. The secondary ent~ will be also provide a gate to be used to allow for guest access, He advised that the project excavated to ffi be from restricmd which will of the acre. The He further explained that .they are seeking -approval of the their include each of the three phases, but that each phase would have to for final PUD approval. He then stated that the reason for the asked of him by the members of the public regarding how exactly development will ~be laid out. He wanted everyone.to Understand that has and once it is finalized it will ~have to come before the Board for a final preliminary PUD approval, they will start Phase 1 of the project and ground towards the latter part .of 2002. Which would the Board to questions 'portion of the ~ finalized yet After to break P & Z Meeting November :15, 2001 Page 4 Mr, Grande' 'asked Staff if the Water and sewer provided by the coun of this project. Mr. Flores advised that.they arein place at this time. Mr. He c~ Land preli~ and ifil details. develOpe advi[sed Board made to a what PUD means. Mr. KellY-explained that PUD lopment and it is the residential category of'Planned Development. ~ before the Board for final approval, project is consistent with ~the change able to do that wi coming PUD. the Commis ion and the B, and Zoning of the area ~the site plan P~ and the ill? Mr. Kelly and the be Mr. Grande aSked Staff .to verify that without the PUD, the developer with the current RM-5 zoning would be allowed more multiple-dwelling units than currently projected under the PUD. Mr..Kelly confirmed that would be correct. Under the current zoning the developer is permitted to its per acre. Mr. Grande confirmed that the developer is leaving more than the Mr. Heam: asked if the.. have desi water level to lanes lanes on each, public facilities have: a the area. and ~ the P~UD. was done and of proposed component. spacing so cons1 ary under the current RM'5 zOning. of the lake Currently is. Mr. Butch Terpening advised that the of twelve (12) to fifteen (15) feet in the center: Mr. Heam asked' or have si .gns to address the depth. ~. Terpening stated that they twelve (12).feet from the:waters edge beneath the landing :point, Mr. Heam asked if there are to be turning Mr. advised that FDOT has full turn should compensate for increas ~ since the tum lanes will to rec~°mmend appr° done i'or this'pr0ject. Mri revieW. Mr. by both the the :spacing of the ~ lanes exceeds the between the proposed intersectiOns for that hoOl children then advised a dOne adequate Mr. Heam asked what the mitigation requirements are for the twenty-four (24) gopher tortoises that were improperly removed. Mr. Kelly advised that. they are looking at a gopher tortoise relocation bank in the Bluefield area. Mr. Heam asked if the developer received any fines or anything in regards to the improper removal. Mr. Kelly explained that the cost was that they have to pay for testing on the existing gopher tortoises in Bluefield and the ones they want to transfer. Mr. Bob Weigt of Weigt Environmental stated that they' had received a pe~t from the State to relocate up to twenty'five (25) tortoises off the site. TheY excavated the burrows and P & Z Meeting NoVember 15, 2001 Page 5 move-, out does it .sho issue the tortoi: than t Chairman McCurdy opened the public Hearing. Mr. John this P~ public zoning of that that Mr.~ Mr. the, the~ proj Club, Village tha he 'the would 1 by.staff, decision. 'There Wou!d..be no. si~ not no State take and not out that the ~ roads other on the' ~-5 of County that . .phase.-of (3) .phase [: the 'does if the the the Mr. type W S in Spanish Ms. because, it also increased fact that them as 'wel five (5) years. and' alot. of their, reSidents fiftY-five (55) mi!es:per hour on that.road that the multiple'family units ~ght be P & .Z Meeting November 15, 2001 Page 6 school. any s lived in years~and traffic survey She with .the stated,that the an. issue-for too, high,, their residents will be loo~ng dOwn on their manufactured homes. She adwsed her opinion there would ~be no need for a convenience store in this development because there are la~ady seveml~of them ~n.the area and ffthey must .put One in, why couldn't it be in the center of their development and~not right next to theirs, ~. Lounds :asked Ms. Davis how long she has lived in Florida;: she stated She: has lived ~here since :1994, Mr. Frank .Monte '~'one, resident of Spanish Lakes Country Club, stated he has lived in that de years. He stated that the reason he had bought in that area was because he that when would be was the only trucks nearest advised three- included in ~r Multiple-Family- 5 du/acre). He advised this project, they had originallY said there stating there will onlY be two (2). He also said he Station # 7 is an old pumper three (3)story multi and ladder Capabilities with 'of fire station :tation and is their fire the He ildings :seem to be Mr. have 2031 piece. He~ current school. He he was told ,that~ also stated that demographics per household. if,they ~have 900 units and there are 2.3 children per schOol you will are 800 units and: 2:3 children per family, you will have 1851 three (3) Schools at tWenty-one (21) million dollars a the upkeep of a sChOOl is 2.4 million dollars per: year and based on the :ollect 1.6 ~llion, so there will 'be almost a'million dollar deficit per from BoCa~into Holiday Pines about six (6) years ago because street was zoned for residentia1 and they were tired of the traffic. He is 'development will ystem. Mr. Merritt stated that the people household in Lakewood Park, not 2,7 children .Mr. Cliff-.Nol~s stated heis a co-owner of property to the left bottom comer of the property and has-been a resident of Florida for over'thirty-years (30)and have owned their property .on Feeder Road.for a little more ~than nineteen (19)~years. He advised that he has had rental aPartments and can understand the .Concerns of the.community 'regarding renters. He continued that he feels the Glassman iS a fine. finn and have been in business for a number of years in Florida 'and have done.' ~in South Florida, Martin County and noW after many years they have decided to build a de on the property.that they have paid. taxes on, He also stated that he has dealt Terpening and ~. Terpening is a well-known Fort Pierce resident and the Kilday assisted him in the development, of a neighborhood shopping center in West Palm are a fine firm, He advised~ that this is ~not a guarantee that all of their concem; but since they are quality developers, engineers and land planners it should ~be some comfort. He stated that he does not feel they are like some other out of state, fly by night companies and they are good people. Mr. Sam Brown questioned if the lake in the development:is going to be used for recreational use. Mr. Kelly stated there is no indication on the site plan that the lake is going to be used for recreation. He stated there is a recreation area adjacent .to. the lake, but doesn't show the lake as being used. Mr. Brown then asked if the homes being built around' the lake would have their rear to the lake. Mr. Kelly adVised.~that is typically what is done and he believes that is the case here. P &Z Meeting November 15, 2001 Page 7 Mr. Joseph Beauiier, of when also stated that he feels adding Ms. J are l Ii dropl their need Mr. built, ~tol one. has been e in ;.' He :ihomes that no minimum that for final ~and when she values d about ~ the a .i Heam asked Code has a Park. He ;t it was the-County. they in a Co foot C no Mr. Bob Getty of Holiday Pines stated he l would like to know why their portion rLUCie West, He cominued that if eplace it -all with single-fa~ly agreeable. to get a traffic light it ,hearing was just to ~the ~State who the property. ~would make a pumper stated it that When the homes within the thirty- He ,was also and there is been a Florida resident for fifty-five years and is considered to be~less that St. eli~nate portion and square fOot or 1: would be P & Z Meeting November 15, 2001 Page 8 Ms. Fern Grounds Of.Holiday Pines advised that she and her husband searched Fort Pierce' that~was .comparab!e to Where they used to live in Ohio. They felt Holiday Pines' was that area beCaUse it is a pleasant, quiet area and she stated if they ad~l a convenience store it would cause trouble in the community. She continued that she is completely against' the commercial pod that. is being proposed. improvements currently scheduled Mr. Frank Bazelli, a resident of SPanish Lakes Country Club Village stated he has lived there for the~past 8 1/2 years uestion regarding the transpOrtation impact portion of the staff memo. he would like to know Why there wouldn't be any schedUled ~, Mr' Kelly stated that the staff report says there aren't any :s to that road by any unit of government. He continued that entrances as part of the development. Mr. major families opinion lived in Holiday Pines for almost nine years and has two One of the problems is EMS service and .adding another 900 response time for ambulances. He questioned what type of would cause on the area. He also that in his definitely cause serious traffic .3. mr~ Feeder many and l thiay this resident stated that he owns two homes. that mn adjacent to · from that area is unbelievable with the current traffic. He be done when all of the residents are' ;iHe said that Feeder Road from Hol traffic :styles. He stated he is there to Road and they are all very that adding increase the already exiSting nOise pollut Mr, Bill Van Wagner, a resident of 'Holiday Pines advised that he is unclear about the sewer usage for this proposed development. He stated that he has doubts that the existing facility could handle the load from .this many. units. He continued that he would like the Commission to set conditions on. ~his approVal that. a study is dOne of the utilities and that these homes will not affect their lifestyle by.oVerloading the sewage plant. Mr. iDick Fatima stated ~he has owned his home in Holiday .Pines since 1982 and is concerned about if there, will ~ enough. ~ fire hydrants in the area to protect the properties. He asked if there would be an increase in' Law Enforcement to compensate for. the increased number of' people in the communitY. Mr. Jim :Pumell an ex-fimfighter who lives in Spanish Lakes stated that he has gone to the stations in the area and that Station #7 is not your typical three-engine ladder station. He continued that. Station # 7 is only a pumper station with one truck and the next nearest station is. located at the airport, Which is seven miles away. He stated he was told that the nearest ladder truck station-is located on Hutchinson Island and that building multi-story buildings may be a risk with the existing fire station. A gentleman asked if any of the Commission members have been out to the site or are they just taking Staff's word on these issues. Chairman McCurdy stated that he has been on site. P & Z Meeting November 15, 2001 Page 9 that ;wers. dxteen (1 Seeing no one else, Chairman McCurdy closed the Public Hearing. CI the the for are ~ is letter to and re have place re: Mr. the acre whi~ will acre. Mr. Park that dens · [I has a units :to ! or denial of County well. Mr~ fication S a ,sign ioners and a going He five be. are in are 'the Mr. Kelly asked what rezone density of .' Mr, continued for more is very ;Glassman are' Mr. Aki,ns ves in :Holi hares the pride of stated tl~at, with the traffic' that he feels this is a qUality development and thinks that the Staff in St. above and beyond to ensure the quality of the developments that are being built. He He advised CoUnty goes P & Z Meeting. November :15, 2001 Page 10 could that under t Mr. Grande stated that he too agrees with Mr' Lounds and just wanted to make sure understands what the .Co~ssion is actually voting on.. He continued by ' that the iai zoning exists and the remainder of the propeay the (5) units per acre and that development This request, in his opinion, the P~. He feels f safeguard than is cu~ently there Mr. Heam understands will be in he'lives and he currently units that Mr. Lounds Hearin Presented during the Public 11.06.03 set in Section Zoning and County for tion n ' '~ ), IX (I dustnal, (Planned ~. PUD higher the voice their to rights to more Motion seconded by Mr. Akins. UPon a roll call vote the motion passed unanimously (with a vote of 7-0) and forwarded t° the Board of County :Co~ssioners with a recommendation for approval. P & Z Meeting November 15, 2001 Page 11 the P~ of the Planned for the ;ed project ~n space and ~acres, The .The ~f ~the :t area. One is :tion Staff has detemned that the .ed~ zoning designation and the and propos conflict with petition to the Board four limiting cOnditions. Cited within the staff report. a recommendation Chairman McCurdy asked if the petitioner was. present, firm of CUlpepper and Te~ening and represents the apPlicant. Mr. would be .a need for improvements on Jenkins Road s~nc it. is so far. Terpening .stated. that Mr. Mushy, Interim Community Development intersection to be studied; the': future impact of this deVelopment on require some improvements. Mr. Trias questioned how changing the PUD' is consistent with the po!i~ ;of the Comprehensive Plan. Mr. rezoning is actually already paai and partially AR-1 and the ma previously approved PUD, which is cOnsistent With~the Comprehensive Mr. Merritt asked Mr. Ladyko if there are any plans to bring Orange Avenue two4ane highway. Mr. Ladyko stated that he was not aware of COunty but Staff has asked for turning lanes to be constructed at the project the intersection improvements previously identified. The developer .recommendations. Mr.' Merritt stated that~Orange Avenue already has P & Z Meeting November 15, 2001 Page 12 .area, The and 'is not in forward this 'subject to the why there Mr. would to that the project is a ~:-to a standard with the as well as with those substandard lanes and ~this-development Will increase traffic on that road. Mr. Terpening stated t'hat~'~J~i~'~4'~u~ -this - project is paying: in excess of $1 million dollars to the County in traffic impact fees and how the County elects to use thOse funds could affect that roadway. Mr. Heam asked if any consideration regarding the convenience store, was made so people would not have to go out onto a main corridor to get .to. it. Mr. Ladyko stated he believed that was the reason for the commercial component of the development at the project entrance, immediately off: of Orange Avenue. Mr. Kelly stated that theP~ allows, for up t°the 3% of the project land to ~ used for commercial purposes, :for' that very reason. Mr. Lounds asked where the Fort Pierce Utilities wOuld tie into the development. Mr. Ladyko stated there 'is approximately a 2,000 linear foot extension of Fort Pierce Utilities Water main from the Rock Road/Orange Avenue extension westerly to the project. He continued there is approximately 2,500 linear feet of force main extension from a lift stat:ion that exists on Rock Road in front of the stockade facility being extended southerly on Rock Road and then. westerly again on Orange Avenue. There is approXimately feet of main associated with the project .being done in conjunction 'Fort Pierce Utilities. asked if that extension would also benefit anyone else who may develop in that area and Ladyko advised that is correct. Mr. Heam stated that .the area for the poSsible convenience store is not zoned commercial, so how, can they propose that. Mr. Ladyko advised that there is a commercial component allowed up tlhe PUD zoning and that portion is included in the PUD.- Chairman McCurdy opened the Public Hearing. Seeing ~no one, Chairman McCurdy closed the Public Hearing. Mr. Lounds stated that he too is concerned with-the condition of Orange Avenue and doesn't understand-Why the developer is being required to make improvements at an intersection that is not really near the project location. He' asked if it would be possible to have that money redireCted to Orange Avenue rather than the intersection of Orange Avenue and Jenkins Road. Mr. Kelly adVised that Staff would look into it with Mr. Murphy' and see if that.is a possibility or he could include it in his motion this evening. Mr. Lounds questioned if this'project is outside of the Urban Service Area and Mr. Kelly stated it is not. 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 11.06.03, 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~nissioners grant approval to the. application of Roger Medema }or a Change in Zoning from the PUD (Planned Unit Development- Palm Breezes Club)-and AR-1 (AgricUltural, Residential. 1 Du/Acre)Zoning Districts to the PUD (Planned Unit Development. Palm Breezes Club) Zoffing District because I think it adds to the quality of development .west of Kings Highway. I think that the development will give our residents a choice other than north or mmedlately south in St. Lucie County. I'also want to add an amendment .that the road ~mprovements are made to Orange Avenue west of Kings Highway, betWeen ~ngs Highway and the Turnpike overpass. MOtion seconded by Mr. Hearn. P & Z Meeting November 15, 2001 Page 13 of P & Z Meeting November 15, 2001 Page 14 AGENDA ITEM 4: John Carroll High School. RZ-0'I.01~° Hank Flores, presenting Staff comments, stated that Agenda Item # 4 was the petition of John Cm~oll High in Zoning from the RS-3 (Residential, Single-FamilY - 3 du/acre) District ~ Zoning District for a property located on the north side of Delaware 700 feet east of Hartman Road. The purpose of the rezoning .is to Carroll property located to the north and west Inst SchOol. ~ Chairman the attorney report and present. Mr. Harold ~Melville advised that he was High School and stated that they agreed with the Staff's Seeing no one, Chairman Matthes closed the Public Hearing. Staff recommended that the. petition be forwarded to the Board of County Commissioners with a recommendation for approval. ~. Heam asked if .the change of zoning would permit 'the accessory uses on this particular property. Mr. Flores confirmed that it would. Mr. Merritt stated 'that after considering the testimony presented during the Public Hearing, including..s~ff 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 Co~ssion recommend that the St. Lucie County Board of County CommiSsioners grant approval to the ~application of John Carroll High School. for a Change in Zoning 'from the ~'3 (Residential, Single.Family- 3 Du/Acre) ZOning District to the I (Institutional) ZOning District because it fits in with.the existing adjoining use. Upon a roll call'vote the motion passed unanimously (with a vote of 8-0) and forwarded to the Board of County Commissioners with a recommendation for approval. P & Z Meeting November 15, 2001 Page 15 AGENDA ITEM ~: Timothy Rose Car Wash., File blo. Staff Planner, Cyndi. Snay stated, that ConditiOnal ~Use service Car.Wash Zoning Rose, for a ~, foot self- ~bdivision, site ~is and vacant 'umpike Fet high care wash facil .and consists WI .as a condition with S vegetation, Staff is recommending staff report. Mr. Akins asked if the Hess station that ~is l~ated.down the.street includeda~.c~ wash facility. Ms. Snay confirmed that it does have a single car wash. to answer any questions and that the petitioner, Mr, Tim Mr. Heam asked :if .this. stated that.the proposed hours, are ~7 a,,m. to 10 p.m., .7 days a week. have sewer service at the proposed site, looking into tYing into it when available. He also stated and grime pumped out of the primary system, but that would~ be the if the hours of operation, would be a condition of the approval and Ms six (~)of the staff report shows there~is a could-not be changed questions. a completely system. He ; are dirt- asked Mr. Lounds asked .how the facility actually controls ~the times of operatiom Mosby stated there would be .a notice on the wall and the ~machines will be turned off at Mr. Lounds asked if there are any types of vending machines on 'the property. Mr. 'Ros. be no soda machines, but there will be a change supplies that Will be located behind a closed door that will be: locked they close. Mr. Grande asked if this facility would: normally not be s that was correct. Mr. Mosby stated that.there are ,shielded lights security reasons that shine away from the residents and towards the building. ~there would. for car washing at night .when Rose stated for Chairman Matthes opened the Public Hearing. P &Z Meeting November 15, 2001 Page 16 Mr'. Cliff ~Norris' a .managing partner of a three-man partnership developing the first eight lots of the first twelve lo. ts in that block, stated that Mr. Rose's project is very viable and is compatible with what they have in mind for the area and just wanted to lend his support regarding this project. Mr, Bill Adams, some of-the l~ation i amount of ~noi especially on this is the Pines stated that the location 'of this projeCt 'is right behind Pines. He advised that having a car wash is convenient but the right across the Street from a churchi He continued that the car wash'and the increased traffic an issue, :hUmh right across the street. He. stated t think Seeiing'no one else, Chairman Matthes cloSed the Public.Hearing. Mr. Grande as from the representatives of Lakewood Ms' Snay stated that Staff has not heard 'anything. Mr. 'McCurd that' after considering the testimOny presented during the Public Hearing, ~. staff commen~,~ 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 arid Zoniing that 'the St. Lucie COunty Board 'of County Commissioners to · the application of TimOthy RoSe for a Conditional Use Permit to allow of a 2,542 square foot self'ser~ce car wash facility in the CN . Zoning District because it fronts on a very busy, heavily trafficked high~ay, usage of this type with limited hOurs seems to be a much better use than something such as a retail convenience store and I just think it would be a very good fit for the neighbOrhood. This is w. ith the four conditions stated in the Staff report and the rivised h°urs of oPeratiOn till .10.00 p.m. Motion seconded by Mr. Trias Upon a roll call vote the motion: failed with a vote of 2-6 (Mr. McCurdy and Mr. Matthes voting for approval). Mr. ttearn 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 Zoffing Commission recommend that the St. Lucie County Board of County Commissioners deny the application of Timothy RoSe for a Conditional Use Permit to allow the construction of a 2,542 square foot self-service car wash .facility in the CN (Commercial, NeighbOrhood) ZOning District because I believe it will have a severe impact on the surrounding residential neighborhoods and the church across the .street. Motion seconded by Mr. Merritt. P &-Z Meeting November 15, 2001 Page 17 proj ~S be a conditional use, that.would Hi contin contin intens5 0 stated that because that. Mr, permitted ' the types Hearn' s the car Upon a Matthes sinesses in has Kings He _and allow variety of hours of for denial .ve about to the with Mr. radios at with Mr. with a P & Z Meeting November 15, 2001 Page 18 Mr. Kell described and: Bui Mr. 6 is an ordinance to adopt the Statewide Building Code as 553..70 Florida Statutes, and as published by the State of Florida, Affairs .and the Standard Unsafe Building Abatement Code. Mr. Andrew an update of the building codes has been in process 1,~ 2002. Mri Kelly then stated that hanges in the way we ad~nister changes can be made to the further Mr. purpose Mr~ more Mr. adopt it that any Changes to · have a review in t County must ts historic buildings and properties and What is the process to that the Florida. Statutes allow the County the ability to portion of the Code (Chapter 1) and that is the Florida Building Officials Associations together the by the State to adopt. This section a little more administering the Code. Mr. Grimm ~further stated that the pertaining to historical structures. ~. Trias stated that he s to 'the historical buildings, asked a 'C~e regarding histOrical that could be Mr. Trias advised they do have one and would be County with a copy of it. is. deleting all of Section 13.00.02 Coastal Construction Code. and these changes are mandated by the State and all as of January 1, 2002. Mr. Grande questioned if we must. to make the code more stringent. Mr, Grimm advised code must be approved by the State. Mr. Grande asked if we Code and Mr. Grimm advised he has a copy available for that this Code is supplied by .the State.and St'. Lucie make changes to the Technical aspect of the Code. Mr. Heam questioned if ~the Commission has any options regarding this Code. Chairman Matthes advised that the Co~ssion has the right to make.'any recommendations they see fit to' the Board for review. Ms..Young explained that the State is mandating that the County adopts the T,chmcal .aspects of 'the Code and 'the County has the option to 'change. only the adrnini[strative pOtion .of the Code. ~Mr. Heam advised that he would like to know if the State revisions, to .Code'are strengthening or weakening the' Code that is currently stringentadvised that he has revieWed· both Codes and the new Florida Building incodePlace,-is muchMr' Grimmmore · than the current COde. He continued that the wind loads have changed from 110 miles per hour on the coastal areas to140 miles per hour, all of Hutchinson Island from US 1 east is 140 miles per hour therefore making building more stringent and that the new Code is comparable and in. some aspects better than the existing Code for the. coastal zones. Mr, Grande questioned if the County ~has the ability to make the Coastal Code guidelines, more stringent than the State Code requires since it is part of the Technical aspect of the 'Code. Mr. Trias advised that in his discussions with some of the members of the State Board he has found that the new Code is more stringent than the current Code used in St. Lucie County but is not as stringent as the Code that was being Used by Dade 'and Broward County and feels this is a better Code but P & Z Meeting November 15, 2001 Page 19 may need some work with new Code cons~ than Sl BI is the any porti bec new need what be tO before this Code :tions to Mr. given the ~he agreed that Mr. was 'that the historical Broward US. h easements, Ms. Shirley BUdingham from North Beach stated that~she, has concerns ConstructiOn She stated that every time 'the. Code is. increased home-.fOr are built where po~ions~of it-~are the rest home is to existing.homes; Seeing no one else, .Chairman Matthes closed 'the Public Hearing. the scratch and P &Z Meeting November 15, 2001 Page~20 Mt'. Heam stated that he would like the legal to ~;we'"'re~-~.v~ Section: 1~,4,6 - Public ~t~T Way for. thc Co~ssion. Ms. Young advised that she would like to review that section with Mr. HeamGri~asked if Staff' -~ - information before t~s ordinance would go to the Board. Mr. ,~eny a building permit based on this Section of the Code. Ms. Young stated that~ basically, what..the ordinance states is that'nothing can be built .that would.affect the public 'right of ~way Without the Proper Permit and that she would not read :this section as .pertain ing to easemen ts. MF~. LuCie County. Board of County Commissioners ,roval of Ordina that the County explore the es of a historic deals ~with historic bUilding issues. Motion seconded bY Mr. Merritt, Upon a roll call vote the motion ~paSsed with a vote of 6-2 (Mr. McCurdy and Mr. Grande voting agains0 and forWarded to the Board of County Commissioners for approval. P & Z Meeting November 15, 2001 Page 21 ~AGE~A ITEM 7: Ordinance No. 01-006- Prooerty Maintenance Ms. the vacl c~ rep the Property of would.be to manager of by 1-16,1-8(6) with s used to g'with L. It was also ion consider Mr. and landlord .thro~ either by that the p that any reco t agreemen he is a landlord r recourse, young be' inco~orated intO the · ~. LOunds asked ,if .acts, Ms, Tdas stated-that he for the 'Property. and what the to have some'rec-ourse 'against a responsibilities, for a a landlOrd would need would and shOuld be need to be incorporated into this. ordinance. Mr, erty owner and landlord and :feels property maintenance is the is part of the cost of doing business. Mr. Merritt stated he was against'this ordinance the first time it came until the County and City enforces the c-odes that they currently have on concerns were with bUildings 'that have not been tom doWn. Mr. with Mr: Merritt except that.he feels ~we do need this .ordinance. Enforcement is .keeping property values, in St. Lucie County low the existing .codes, He also stated that under the Definitions section, better definition of waste,, junk and debris, He was also concerned w "reasonably" throughout the ordinance, He feels that what may be may not be to another. He stated that # 7~ on .page eight (8) where swept clean of di~ was a bit extreme.. He then asked, under vacant determine what openings should be covered. Chairman ~Matthes opened the Public Hearing. lessee between be handled lessee 'would be covered the impression .Mr. Grande is in violation Young .stated the lease advised that 'the against it His 'other. he-agrees Code not.enforcing to give a word on, ; should be who would P & Z ~Meeting November 15, 2001 Page 22 Ms. Shirley Burlingham, President of the North' Beach Homeowners Association stated that her association is completelY area an she saw that A-1 cle as ~a this ordinance.., They have some problems with property in their of those issues. The only issue who are the respOnsible owners of it. She stated has applied designate SoUth ;those that need to be ten~tnt. Asa She:~ the house and stated :she is both a hOmeowner and opinion, couldand be'handl,,ed within t.h,,e lease. 1-16.1-8(6) the Word 'reaSOnably'. Who lection that there do currently exist Codes regarding questiOned why ;AR, I sory buildings ~also was Under SectiOn 1.16.1-5~ how .do have because that is a guarantee in are being that are [tion of Survey, that. .the Code Jtion of she felt t extent Ms. Goodman "'goc~d repair" what is businesses on homeowners the County is: 1.16.: 1-13, vacated the final. regular basis". S donOt pro"ertp y Owner. pretry" and she feels that is what this she was concerned with whose standards are used to determine interior walls and exterior surfaces.. She' also asked ' also concerned with landscaping isSUes and those and how that would be enforced. She stated that several · to maintain the 'County fight-of-ways and asked why 'them.' She' asked how the County' would address ; to pick up yard waste? She was concerned with Section Units. She asked if this 'meant that EVERY time a unit. becomes it can be occupied again? She questioned who the is. She that .many of these issues can be addressed with the 'is is an invasion into the personal life' .of a that previous Co~ssioner Said "'We Cannot legislate inance is trying to do.- Ms. 'Young stated' that in regards to home inspections the officer couldn't enter the .home without the consent of the property owner unless it is an emergency situation. The reason for adding this is because currently Code Enforcement officers do not go inside of a residence and this would allow them to do that, with the consent Of the property owner, or the proper authority. Mr. Akins. advised that he disagrees with Ms. Young's interpretation of that provisic;m- The U.S. Supreme Cou~t has established the public safety exception to the warrant requirement in regards to the war on drugs. He felt that this provision in the ordinance allows the officials the fight to .enter, if they see flit and .there would be nothing a property owner could do about it. He continued that the language used in this. ordinance would give officials in St. Lucie County that power. ~P & Z Meeting November 15, 2001 Page 23 Seeing noone else, Chmrman Matthes closed ~the Public Hea ~, ~:g, Mr, t~ also Mr half conti res takes feels · ordin here Motion seconded by Mr. Grande. Mr He continued that he feels Code would be of great he!p but some Provisions in the it come back Upon a rOll call vote the MCu.rdy voting against)a'n Meeting. passed with :a vote t~ confirmed on a iHe - in it to. the lid- before ,and Mr, P & Z Meeting November 15, 2001 Page 24 Next schedUled meeting will be December 20, 2001. ADJOU~ENT Motion to adjourn made by Mr. Merritt and seconded by Mr. Lounds.' Meeting was adjourned at 11:15 p.m. Respectfully submitted: Approved by' Gilmore, Secretary Stefan Matthes, Chairman P & Z Meeting November 15, 2001 Page 25 Planning and Zoning Commission Review: 12/20/01 File Number RZ-01-015 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: FROM' DATE: Planning and Zoning Commission Planning Manager Q~\~" December 14, 2001 SUBJECT: LOCATIO:N: Application ofCPV CANA, Ltd. for a Change in Zoning from the IH (Industrial, Heavy) and U (Utilities) Zoning Districts to the U (Utilities) Zoning District. (FileNo.: RZ-01-015) West side of Range Line Road, approximately 0.60 mile south of Glades C'ut-Off Road. EXISITNG ZONING: PROPOSED ZONING: IH (Industrial, Heavy) and U (Utilities) U (Utilities) LAND USE DESIGNATION:' IND (Industrial) PARCEL SIZE: 6'1.54 acres PROPOSED USE' Electric Generation Plant PERMITTED USES: Attachment "A" - Section 3.01.03(VV) U (Utilities)- contains the designated uses which are permitted by right, permitted as an accessory use, or permitted through the conditional use process. Any use designated as a "Conditional Use" is required to undergo further review and approvals. Any use not found within the zoning district regulations are designated as. prohibited useS for that district SURROUNDING ZONING: SURROUNDING LAND USES: IiH and U to the north, south, and northwest. AG-5 (Agricultural- I dui5 acres) to the east and north. The general exiSting use surrounding the property is industrial, pasture land, and citrus groves. .Decernber 14, 2001 Page 2 Subject: CPV~Cana, Ltd. RZ-01-015 The Future Land Use Classification of the immediate surrounding area is IND and AG-5 (Agricultural- 5). FIRE/EMS PROTECTION: Station #3 (250. West Prima Vista Boulevard), is located approximately 11 miles to the northeast. UTILITY SERVICE' The subject property is served by an on-site well and sePtic system. The plant operations will be cooled by water from the Floridan Aquifer. TRANSPORTATION IMPACTS RIGHT'OF-WAY ADEQUACY: The .existing right-of-way for Range Line .Road is 100 feet. SCHEDULED IMPROVEMENTS: None. TYPE OF CONCURRENCY DOC. UMENT REQUIRED: Concurrency Deferral Affidavit. STANDARDS ~OF. REVIEW AS SET FORTH IN SECTION. 11'06.03, ST. LUCi.E COUNTY LAND DEVELOPMENT CODE in reviewing this application :for proposed mzoning, the Planning and Zoning Commission shall consider and make the following determina~tions: Whether the-proposed rezoning is in conflict with any applicable potions of the St. Lucie County Land Development Code; The proposed zoning district is consistent With the St. Lucie-County Land Development Code. The U Zoning District is compatible with the IND Future Land Use and alloWs, electric generation plants as a conditional use, Subject to Board of County Commission approval. m Whether the proposed amendment is 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 I ND Land Use is compatible with Decenr~ber 14, 2001 Page 3 Subject: CPV Cana, Ltd. RZ-01-015 m ¸5. the U Zoning District ~and a portion of the subject property is already zoned Utilities. Whether and the~ extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The pmPosed..zoning is consiStent with eXisting and proposed land uses in the area. The general use, of the immediate surrounding area of-the subject property is industrial,, citrus groves, and pasture' land. Some residences am located along Glades Cut-Off Road and McCarty .Road to the west across the FEC Railway Line. The property .abuts the Florida East Coast Railway line and FP&L easement, which has 230 KV and 500 KV electrical transmission lines crossing over it to the immediate west. Florida Tire Recycling and Chem-Tec are two of the industrial uses located to the north. 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 bqt not limited to transportation facilities, schools, solid .The intended use for this' rezoning is not expected to create significant additional demands on any public facilities in this area Whether and the extent to which the. proposed amendment would resUlt in. signifiCant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. The proposed electric generation plant must comply with the Florida Department of Environmental Pmtection's air pollution control regulations. The proPosed electric generation facility is located in an area designated for heavy industrial and utilities uses. A gas tranSmission line is propos:ed for the vicinity in which the plant is to be located. The subject propedy will December 14, 2001 Page 4. Subject: CPV Cana, Ltd'. RZ-01-015 ., have access to the power ,grid of the Florida Power & Light lines along the west property lines. The main source of air emissions from the proposed plant will be the combustion turbine. Maior pollutants emitted durin§ plant operations are S02. NOx, (~M~0), carbon monoxido (CO), and volatile organic compoundS (VOC). The levels are as follows: NOx S02 CO 'PM~0. VOC Potential Emissions , (Tons/Year) 96 76 226 96 ........ 15 Since the projected emissions of these .pollutants: are: less than allowed within the: Environmental Protection Agency (EPA) regulations, as well as, health based National Ambient Air Quality Standards (NAAQS), the propOsed power plant is not expected to have signifiCant impact-on air quality. At full icad operation of the power .facility, the project is expected to generate continuous, noise levels on a 24-hour basis. The existing sources of environmental noise within the'project area include, but are not limited to, Vehicular traffic movements on local and distant roadways, occasional distant aircrafts,-and intermittent noise from industrial" activities and sounds from-cows, dogs, birds, and insects. According to the applicant's Sound Report, the estimated maximum noise decibel level of the facility at the proposed site boundary is 65 dBA or less. At distances farther away from the site, the.'facility sound levels will be considerably below the allowed St. Lu¢ie County decibel levels. In addition, the applicant proposes to add various noise supPression devices to further restrict noise emissions from the proposed facility. 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 surrounding parcels of property are designated for induStrial and some agricUltural u:ses, The rezoning of the subject property to :the U Decen~ber 14, 2001 Page 5 Subject: CPV Cana, Ltd. RZ-01-015 Zoning District would allow for a use that is consistent with the existing industrial uses: 8~ 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 purpose and intent of the St. Lucie County Land Development Code. COMMENTS The applicant, CPV Cana, Ltd., has requested this change in zoning from the IH (Industrial' Heavy) and U .(Utilities) Zoning Districts to the U (Utilities) ZOning District in order to develop an electric generation plant on the subject property, if the requested change in zoning is approved, CPV-Cana will also seek a conditional use permit to allow an electric generation plant in the Utilities Zoning District. The proposed zoning is ,consistent with existing and proposed land uses in the area, The general use of the immediate surroUnding area of the subject property is · industrial, citrus groves, and pasture land. Some residences rare located along Glades Cut-Off Road and McCarty Road to the west across the FEC Railway Line. The property abuts, the FlOrida East Coast Railway line and FP&L easement, which has 230 KV and 500 KV electrical transmission lines crossing over it to the immediate west. Florida,, Tire Recycling .and Chem-Tex am two of the industrial uses located to the north. Attached is a copy of Section 3.01.03(W)- U (Utilities), St. Lucie County Land Development Code, Which delineates the permitted, accessory, and conditional uses allowed in the Utilities 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 exist on the subject property. Any use under the Conditional Uses section could only-be allowed if it first receives approval through the Board .of County Commissioners. :Staff has reviewed this petition and determined that it conforms to the standards of,~review as set forth in the St. Lucie County ,Land Development Code and the St. Lucie County' Comprehensive Plan. Staff recommends that you forward this petition to the Board of CoUnty CommiSsioners with a recommendation of approval.. December 14, 2001 Pa:ge 6 Subject: CPV Cana, Ltd. RZ-01-015 If you:.have any questions on this matter, please contact this office. Attachm~}nt hf cc: County Administrator COunty Attomey Scott GlaUbitz File Suggested motion to recommend approval/denial of this requested change in zoning. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARIlNG, 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 RECOIMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF CPV CANA, LTD., FOR A CHANGE IN ZONING 'FROM THE IH (INDUSTRIAL, HEAVY) AND U (UTILITIES) ZONING DISTRI'C.'I'S TO THE 'U (UTILITIES) ZONING DISTRICT, BECAUSE .... [CITE REASON[S] WHY- PLEASE BE SPECIFIC]. AFTER CONSI~DERING 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, ! HERE~BY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF CPV CANA, LID., FOR A CHANGE IN ZONING FROM THE IH (INDUSTRIAL, HEAVY) AND U (UTILITIES) ZONING DISTRICTS TO THE U (UTILITIES) ZONING DISTRICT, BECAUSE .... [CITE REASON[S] WHY- PLEASE BE SPECIFIC]. (,. W. U UTILITIES 1. Purpose . ,. . o o . Section 3.01.03 ZOning District Use Regulations The purpose of this district is to provide and protect an environment suitable for utilities, transportation .and COmmunication facilities, together with such other uses as may be compatible with utility, transportation, and communication facility surroundings. The number in "()"'following each identified use corresponds to the SIC code reference described in section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00,00 of this code. Permitted Uses Air transportation services (451,452) Agriculture., including farms, groves, and ranches. (0~.o2~ Communication. (48) Electric services EleCtric transmission rights-of-way, (491) Gas pipeline rightS-of. Way..,(492) Gas produCtion, and diStribution Industrial wastewater disposal. Railroad, rapid rail transit, & street railway, transportation. Sanitary services Transportation services (4?) Telecommuni~tion towers - subject to the standards of Section 7.10.23 Water supply and irrigation systems. Water transportation tLot 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. Ofi-street Parking and Loading ReqUirements Ofi-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 a; Airports. (45a) Electric generation plants:. Gas production plants. Land clearing and yard trash reCYcling operations - subject to the provisions of Section Adopted August 1, 1990 130 Revised Through 08/01/00 . 7'. 1',0,12. (999) Natural or manufacture( Protective funCtions ant Solid waste disposal. (49 Outdoor shooting range: 'of Sections 11,02.07 thr Accessory Uses ,'Accessory uses are subject to tt a. Automobile and truck re b. Restaurants. (Including ~ (9,99) Section 3.01.03 Zoning District Use Regulations gas storage and distribution points. (492) their related activities - Correctional institutions (9223) ,3) ;, providin.g site plan approval is obtained according to the provisions ough 1 1.02.09 and Section 7. I0.19 of this Code. (999) e requirements of Section '8.00.00 and include the following' ~tal services. :he sale of alcoholic beverages for on premises consumption onJy.) Adopted August 1, 1990 131 Revised Through 08/01/00 Section 3.01.03 Zoning District Use Regulations U. IH. INDUSTRIAL, ,,HEAV~, ~ (- 1. Purpose The purpose of this district is to provide an environment suitable for heavy manufacturing and other activities that may impose undesirable noise, vibration, odor, dust, or other offensive effects on the :surrounding area together With such other non-residential uses as may be necessary to and compatible with, heavy industrial surroundings. The number in "()" following each identified use corresponds to the SIC code reference deScribed in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in 'Section 2.00~00 of this code. 2..Perrnitted ~Uses .. Any use permitted in the Industrial Light (IL)zoning district: C. Agricultural services (07) Construction services: (1) Building construction- general contractor (~s) (2) Other construction -general contractors (~) (3) Construction - special,trade contractors Docks and boathouses (private). (~J~ Engineering services Manufacturing: (1) Food &'kindred products (2) Tobacco products (3) Textile mill products (22) (4) Apparel and..other finished products (23) (5) Lumber and wood products' except furniture (6). Fumiture and fixtures (7) Printing-and publishing-and allied industries (27) (8) Chemicals & allied products: (a) Drugs (2~) . (b) Soap, detergents and Cleaning preparations; perfumes, cosmetics and other toilet preparations (c) Agricultural chemicals (2~7) (9) Rubber & misc. plaStic products (30) (10) Leather & leather products (3~) (i 1 ) Glass (a) Flat glass (321) (b) Glass & glassware - pressed or blown (322) (c) Glass products - made of purchased glass (3:23) ('1 2) Fabricated metal products (except ammunition and ordnance) (34) (13) ' Industrial/commercial machinery & computer equipment, (14) Electronic & other electrical ~.equipment and components, except computer_ equipment. (3~) · (15). Transportation equipment (3z) (16) Measuring, analyzing and controlling instruments (38) (1 7) Misc. manufacturing indUstries: (a) Jewelry, silve~are, and platedware. (394) (b) Musical instruments .and parts. (393) - Adopted August 1, 1990 125 Revised Through 08/01/00 Section 3.01.03 Zoning District Use Regulations f. g. h. i, j. k. I. m. .n, O. p. q. (c) (d) (e) (r) (g) (h) (~) Dolls, toys, games & sporting goods (394) Pens, pencils & other office & artistS' materials. (39s) Costume jewelry, costume novelties, and notions. (39~) Brooms and brushes. (3991) Signs and advertising displays. (3993) Morticians goods. (3995) Manufacturing industries, NIC. (3999) (1 8) Paper and' allied products: (a) Paperboard containers & boxes (265) (b) Converted paper & paperboard products Local & suburban transit (4~) Water transportation. Transportation services. Communications. (48) Motor freight transportation & warehousing. (42) Motion pictures. (78) Mernbers.hip organ'iZations ~.,¢6) Personal & business, services. (72) Research, development, and testing services. Repair serVices: (1) Automotive & automotive parking (2) Electrical (3) 'Watch,' clock & jewelry repair (763) (4) Reupholstery & furniture repair (5) Misc. repairs & services (769) Retail trade: (1) Lumber & other building materials (2) Paint, glass &-wallpaper (3) Hardware (4) Nurseries, lawn & garden supplies (5) Mobile home dealers (6) Automotive/boat/RV/motorcycle dealers (55) (7) Gasoline service (ss) (8) Furniture & furnishings Telecommunication towers - subject to the standards of Section 7.10.23 (~) Wholesale trade - durable goods: (1) Motor vehicle and automotive equipment. (2) Furniture and home furnishings. (3) . Lumber and other building materials. (s03) (4) Professional & commercial equipment/supplies. (5) Metals & minerals, except petroleum, (sos) (6) Electrical goods. ¢,06) (7) .Hardware, plumbing and heating equipment, and supplies. (8) Machinery, equipment, and sup, plies. (9) Misc. Durable goods: (a) Sporting and recreational goods (b) Toys & hobby goods (c) Jewelry, watches, precious stones & metals. (5094) " (d) Durable goods NEC (5099) .. Wholesale trade - nondurable goods: Adopted August 1, 1990 126 Revised 'Through 0~8/01/00 , ,. . o Section 3.01.03 Zoning District Use Regulations (1) Paper and paper products. (si ~) (2) Drugs (3) Dry goods and apparel. (4) Groceries and related products. (5) Farm products - raw materials. (6) ChemicalS, and allied products. (s~6) (7) Beer, wine, and distilled alcoholic, beverages. (8) Misc. Nondurable Goods: (a) Farm supplies (b) Books, periodicals, & newspapers (c) FloWers, nursery stock & florists' supplies (d) Tobacco/tobacco .Products (e) Paints, varnishes & supplies (f) Nondurable goods, NEC Mobile food vendors Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. Dimensional Regulations tDimensional requirements shall be in accordance with Section 7.04.00. Offstreet Parking and Loading Requirements Offstreet parking and loading requirements are subject to Section 7.06.00. Landscaping Requirements I_andscaping requirements are'subject to Section 7.09.00. .;ond~bonal Uses a. c. Airport, landing and takeoff fields -general aviation. Manufacturing: , (1) Paper & allied products (2) chemicals & allied products (3) Petroleum refining'& related products (4) Stone, clay, glass & COncrete .products (5) Primary metal industries (6) Ammunition & ordinance Natural or manufactured gas storage and distribution points. Scrap, waste and land'clearing and yard~trash recycling operations - subject to the provisions of Section 7.10.12. . WarehoUsing and storage services - stockyards. (~) Wholesale trade ,, nondUrable goods: (1) Petroleum & petroleum products Adopted August 1, 1990 127 Revised Through 08/01/00 8. Accessory Uses Section 3.01.03 Zoning District Use Regulations ao Accessory uses are subject to the requirements of Section 8.00.00, and include the follOwing: Co-generation facilities. (999) Fueling faCilities. Industrial wastewater disposal. (999) One detached single-family dwelling, or mobile home, for on-site security purposeS per property. e. Retail: (1) Bottled gas. (2) Fuel oil. (3) Gasoline service stations. (4) Retail trade accessory to, the primary manufacturing or wholesaling use. Adopted August I 1990 128 Revised Thr°ugh 08/01/00 . ~[ [[[ [ : [1 ] , i i i , ii i i , i i i i i11 [ J i i ~ ' ~'1 i i~ i i ~ i i n c s s~ ~ A.LNFIO0 S 9£ I '338OHO33~40 ' A PetitiOn Of Cpv Cana,"LTD.' fora Change .in zoning from '.lH (InduStrial, Heavy) and U litieS) to ~U '(Utilities). ! R7: 01-015 ~//~~~/h,s pattern i'ind,cates , subject parcel Map prepared November'7, 2001 · , CPV Cana, LTD. AG-5 U IH AG-5 U IH- R? 01-015 ~/-""//~/~ This pattern indicates subject parcel Map prepared November 7, 2001 ~ map has beefi compiled for~'~ralPlanf~in~ and refemcc_,e'purpose~ While ~e4y Mfort. ha~ been made= to provide ~ most cun'eflt ~ aco~te .... Land Use , CPV Cana, LID. i AG-5 AG-5 IND AG-5 "7 IND R7 01-015 ~-~//~:7~Thi's pattern indicates subject parcel ........ Map ,preparod November 7, 2001 VVh~ every effort ~ Ic)e~N1 m Ix) provide ~ ~t ~ ~ ~ate CPV LTD. (:)1-015 This pattern' indicates subject parcel' Map prepared November 7, 2001 A GENDA~- PLANNING & ZONING COMMISSION THURSDAY., DECEMBER 20, 2001 7:00 P.M. CPV CANA, LTD', has petitioned St. Lucie County for a Change in Zoning from the IH (Industrial, Heavy), and U (Utilities) Zoning District to the U (Utilities) Zoning District for the following described property: LocatiOn: West side of Range Line Road, approximately 0.60 mile south of Glades Cut-Off Road. Please. ~note that all proceedings before the Local Planning Agency are electronically recorded. If a person deCides to appeal any decision made by the LoCal Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purposes, he may need to' ensure that a verbatim record of the~ proceedings is made, which record inclUdes the testimony and evidence upon which the appeal is to be based. Upon.the request-of any. party to the proceeding,~, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will alSo be considered Prior w this public hearing, notice of the same was sent to all adjacent property owners December 10, 2001. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on December 8, 2001. File No. RZ-01-015 ! ST. LUC1E COUNTY PLANNING AND ZONING COMMISSION · PUBLIC HEARING AGENDA : December 20, 200 TO WHOM IT MAY CONCERN~ *NOTICE is hereby given in accordance with Sect/on J 1.00.03 of the St. L~Jcie County Land bevelopment Code and lhe proVisions of fha SI Lucie Counly Comprehensive j Plan, the following applicants have requesled lhat tlie SI. Lucia County Planning and Zoning Commission consider' - t~e~r following request:' I. CPV CANA, LTD [o~ (~ Chcmge i,~ Zoning ~'~om the (tndustrlal, Heavy). and [j (Uliti~es)Zoning Dish (Utilities)ZofHng Dishict/ tot tt~e [ollowmgdosoit)ecl property: Parcel I: COMMENCE Af [.HE NORFHEASF CORNER OF SECTION 1, TOWNSHIP 37 SOUFFt, RANGE 38 EASI', ST LUCIE COUNTY, FLORIDA; THE.NCE RUNS S00°00'54~W ALONG THE EAST LINE OF SECTION I, A -DISTANCE OF 2897.98 FEET, TO FHE POINT OF BEGINNING; THENCE RUN S00~00'54"W, ALONG [HE EAST LINE OF SECTION .1, A DISTANCE OF 362 83 FEET; tHENCE RUN N89~59'06"W A DISTANCE OF 660 FEET., THENCE RUN S00"eb'54"W A DIS~kNCE OF 330~J FEET; THENCE RUN N89°5~'06"~, A DIS[AN~ ! 97~.38 FEET; THENCE RuN N44~46.00-E, ALONG THE EASt LINE O~ A FLORIDA. POWER AND LIGHT EASE- MENT A DISTANCE OF 1869 78 FEET: T ' ' S00O0r. - HENCE R' ' . 0'54 W,A DISTANCE OF 635' ' RUN o .' . .03 FEET- TH~N~: $89 59 06 E,' A DISTANCE OF 1 ' ,N S~?~. ~ ~?N~N~ ~LL L~,NO ~Ng ~,N~i _ ~HUm .1, 1OWNSHIP 37 S~HT~ .~k'~e ~NO ~.0~,C~S ~O~ ~ ~S]. ' ............ Parcel 2: · * ~,~c~.'o~ ~,N~ ,N S~C~ON ~, rOWNS~. 'SOUTH; RANGE 3~ EASL ST: LUCiE COUNTY FLoRi. POiNT'OF B A DISTANCf THEN ' RUN OF 653.38 FEET; THENCE RUN !. OF .653,38 FEET,'TO THE SAID 'W1D'E N44°~16'0l DiSTANCE'OF 1869.78 tLocation: West side of Range Line Road, approximately 0.60 mile south of Glades Cut-Off Road. Verizon Wireless a Conditional Use Permit to allow the j placement and construction of a 200 foot tall telecommuni- cations lattice tower and associated equipment in the J j AG-1 (/~griculturat - 1 du/acreJZoning District for the' J. following described property: jTHE NORTHWEST I/4 OF THE SOUTHWEST I/4 OF J :SECTION 14, TOWNSHIP 34 SOUTH, RANGE 39 EAST, J ST. LUCIE COUNTY, FLORIDA, LESS AND 'EXCEPT' THE i I NORTH 20 FEET ANb THE WEST 48 FEET THEREOF.' J J Locatior~: 8803 Indrio. Road, Fort Pierce. J IPUBLIC HEARINGS will be held in Commission Chambers,t J Roger Poitras'Annex, 2300 ,Virginia Avenue, Fort Pierce I FlOrida.on December 20, 2001~ ~eginning at 7-00 P M o~ 1 J 'as soon therea~er as possible. ' : J PURSUANT TO Section 286.0105; Florida Stgtutes, ifa per- j son decides'to appeal, any de~ision mad~ by a-_ board, agency; or. commission with respect to any'matter consid- ered at a meeting or hearing, he wilt need a record of the proceedings, and that, for such purposes, he may need to ensurer ' that 6 verbatim record bf. the' proceeding~ is made, which recold', includes .'the testimony and evidence upon which the 8ppeal is to be based. ' · ~: PLANNING ~ND 'Z~NING COMMISSION ST, LUCIE COUNTY, FLORIDA /S/Stefan. Matthes, CHAIRMAN Publish: December 8, 2001 " ' "' 2301 t 35 the Tribune, 8murd~y, December':8', 2001! /THE.:~,~0~.'I~'i!~E~CRIt~ED p/~RCEL.; CONTAINS J5.4846 , A~R~S, ~b~E'ORiL~SS. '"'. ": '.. '.' ;" .';:'~... ?'S.'. :.. .... " ... · lPar~el~:"¢~;":~: .. '.:, . . ...: A'R' "CE~"" :~- '""' ' ~:':" :" ' '- '"' ' J s~,~ .... g~ ~.N~ :~N- SECTION ~, ~OWNSH~P 3 / -UUm,'..~A~O~ :3~ EAST-. ST.-'LUaE CbUNr~; FLORa- lD~,.SXI~.PAR~L IS' DESC~tBED'XS FOLLO~s: Ico~'~c~' ~T' ~H~ ~ Com~ O~' S~C,O~ j TOWNSHIP =3:7 SOUTH' RANGE 38 EAST ST. LUCIE COUNTY'; FLORIDA, THENCE RUN S00°00'54"W ALONG THE EAST LINE OF SAID SECTION I A DIS- , TANCE OF 2567.98 :FEE[, [O A POINT OF NING, THENCE CONTINUE S00°00'54"W AI. ONO EAS[ LINE OF SAID SECTION 1 A DISfANCI: OF 330.00 FEET, THENCE RUN N89"59106~W A DIS OF 1320 EEET, THENCE RUN N00°00'54~E A DISIANCE OF 330.00 FEET, THENCE S89759'06"E A DISIANCE ]320 FEE[ TO THE POtN[ OF BEOtNNINO.. Al.1 I YINC) AND BEING IN SECTION 1, TOWNSHIP 37 SOLJFH RANOE 38 EAST, ST. LUCIE COUNI'Y, FLORIDA~-AN~ CONTAINING i 0.00 ACRES MORE OR LESS. Location: West side of Range Line Road, approximately 0.60 mile south of Glades Cut-Off Road. 2. CPV CANA, LTD. for a Conditional Use Permit lo allow the construction of a~ electric Power generation plant in the U (Utilities) Zoning District for the following described properly: PLANNING AND ZONING COMMISSION REVIEW: 12/20/01 File Number CU-01-007 M,EM, ORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: FROM: DATE: Planning and Zoning Commission Planning Manager ¢~ .... 2001 SUBJECT: Application of CPV CANA, Ltd.,-for a Conditional Use. Permit to allow the construction and operation of a 2r50 megawatt, electrical generating plant, to be known as CPV CANA, Ltd.,, in the U (Utilities) Zoning District.- LOCATION: West side of Range Line Road, approximately 0.60 mile south of Glades Cut-Off Road. GENERAL PROJECT DESCRIPTON: The proposed electric generating :plant is a gas-fired, 250-megawatt facility. The plant will utilize a combined cycle generating unit to-produce up to 175. of electrical power'from its 'gas turbines and up to 75 megawatts of electrical power-from its .steam generator recovery system. The primary fuel used by the turbines will be natural gas, with the capability of using Iow sulfur (0,05%) No. 2 distillate fuel oil as a backup fuel. ZONING DESIGNATION: U (Utilities) - (assumed to follow RZ-01-015) LAND [JSE DESrlGNATION: IND (Industrial) PARCEL SIZE: 61.45 acres SURROUNDING ZONING: IH and U. to the north, south, and northwest. AG-5 (Agricultural- 1 du/5 acres) to the east and north. SURROUNDING LAND USES: The general existing use surrounding the property is industrial', pasture land, and citrus groves. The Future Land Use Classification of the immediate surrounding area is IND and AG-5 (Agricultural- 5). FIRE/EMS PROTECTION: Station #6 (350 E. Midway Road), approximately 15 miles to the northeast. is located Decemt?er ~17, 2001 Page 2 Petition: CPW CANA Ltd. File No.: CU-01-007 UTILITY SERVICE: TRANSPORTATION IMPACTS IRIGHT-OF-WAY ADEQUACY: The subject property is served by an on-site well and septic system. Plant operations will be serviced by deep well withdrawals from the Floridan aquifer The existing'right-of-way for Range Line Road is 100 feet. ',SCHEDULED IIMPROVEMENTS: None TYPE'OF CO,NCURRENCY DOCUMENT 'REQUIRED: Certificate of Capacity. This petition is for a combination of Conditional Use Permit.and Site Plan Approval. As such, it is required to satisfy both the standards of review found in.Section 11.07,03 and Section 11.02.09 of ~S . the County Land .Development ~Code. STANDARDS OF REVIEW AS~ SET FORTH IN' SECTION 1'1.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE ' In reviewing thris application for pro. posed conditional use and major site. plan, the'Planning and. Zoning Commission shall consider and make the following determinations: = 'Whether the proposed conditional use is in conflict with any applicable.portions of the St. Lucie County Land DevelOpment Code; 'Th.e =proposed conditional, use has been determined to. not be in conflict with any applicable provision of the St. Lucie County Land Development Code. Section 3.01.03(W)(7), U (UtilitieS) Zoning District, allows.electrical generating plants as conditional uses. As noted in :the comments below, the proposed site development plan that accompanies this request for a conditional use permit has been determined to meet the minimum standards of-the Land Development Code. . 'Whether and the extent to which the proposed conditional use would have an adverse impact: on nearby prope~ies; The .proposed conditional use is-'not expected to adversely impact the surrounding properties. The proposed site is located within an area zoned for heavy industrial uses. The proposed utility use of this property is considered to be compatible with the general characteristics of the surroun:ding properties (industrial uses) located tothe north, and south of this site. Agriculturally zoned properties surrOund this industrial area. There is a December 17, 2001 Page 3 Petition: CPV/CANA Ltd. File No.' CU-01-007 . = proposed natural Gas pipeline (Gulfstream) to be located along the northwest corner of the subject property. Construction of this gas line is expected to take place in the next few years. The subject property will have access to the power grid through the northwestern property line. - The principal sourCe of air emissions from the.electric generating plant will be the combined ,cycle combustion turbine generator. The table below outlines the anticipated level of pollution to be generated from this facility: NOx ......... 96 ...... SO2: 76 ' CO ......... 226 ,, .... .................. RMv0 ...... tiS VOC 1.5 .Since the projected emissions of NOx, CO, PM/PM-10 and SOs are all greater than their respective :PSD thresholds, the project is considered a major soume as defined by the regulations governin:g PSD for. each of 'the pollutants, As .such, :a PSD permit .from the Environmental Protection Agency (EPA) will be required with a demonstration that there will be no violation of any National. Ambient Air Q,uality Standards (NAAQS) and that no PSD increments will be exceeded. The applicants EPA aPplication, air quali~ analysis and mOdeling indicate 'that the proposed electric generating plant will: not cause- a significant degradation of local ambient air quality and that the plant will be'in compliance with all state and federal~ambient air. quality regulations. Whether and the extent to which the proposed conditional use would be served by adequate public facilities and .senti.ces, including roads,.police protoction,solid waste disposal, water, sewer, drainage structures, parks, and mass transit; This conditional use is not expected to create significant additional-demands on any public facilities in this area.. The proposed property Will receive water through an on-site .well and sewer se~ice through a septic system for all buildings proposed for this site. The access into.the site is pro:posed~as a.single access from Range Line Road Although 1the site is adjacent: to Glad:es Cut-Off Road, the railroad tracks prohibit access onto Glades Cut-Off Road. As part of the ~construction of the proposed project, the developer shall be required to construct a dedicated right turn lane into this project site. Whether and the extent to which the proposed conditional use would result in significant adverse impacts on the natUral environment; The subject property is predominantly a pasture with degraded remnants of both' pine flatwoods and small freshwater marshes. In'addition, 10 acres of the subject property is December 17,2001 Page 4 Petition' CPV/CANA Ltd. File No.: CU-01-007 severely impacted by an overabundance of Brazilian Pepper. A condition of the site plan will be that' all exotics are removed from the site at the time of construction of the electrical generating plant. STANDARDS FOR DEVELOPMENT/SITE PLAN REVIEW In addition to the'minimum standards of review and project development set out in Section 7.00.00, SeCtion 11.02.07, of the St. Lu¢ie County Land Development Code identifies the minimum Standards of ReViewforall proposed Site PlanS: These standards must be met in order for any site plan approvals to. be considered, staff has reviewed the requeSt for Major Site Plan approval, utilizing these requirements and notes the following: ,, CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN The proposed building and use is consistent with the general purpose, goals, objectives and standards of this Code, the St. Lucie County Comprehensive Plan,r and the Code and ~Compiled Laws of St. Lucie County, and the proposed' use complies with all additional standards imposed on it by the particular provisions of this Code authorizing such use and ,any other requirement of the Code and Compiled Laws of St. Lucie CoUnty. 'The proposed-CPV, CANA electrical, genemtingr plant is consistent with the general purpose, goals, objectives anti.standards of this Code, the St. Lucie County Comprehensive Plan, and the Code. and Compiled Laws of St. Lucie County. These .policies include, but are not limited to': .Objective 1.1.11 of the St. Lucie County Comprehensive Plan states that the County shall ,work with interested grouPs and agencies to increase and broaden the'economic base while expanding existing business and industrial opportunities. The proposed electrical generati~ng plant'will provide a continuous economic benefit to the County, Therefore, the proposed project is consistent with this policy. 2. EFFECT ON NEARBY PROPERTIES a. The proposed building or use will not have an undue adverse affect upon nearby property, the character, of the ne~qhborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare. The' proposed development i-s not expected to adversely impact the .surrounding properties. The proposed site is located within an area zoned for heavy industrial uses. The proposed utility' use is more compatible with the general characteristics of the surrounding properties (industrial uses)'located to the north and south. The properties to the east and west are agriculturally zoned. December 17, 2001 Page 5 Petition: CPV/CANA Ltd. File No.: CU-01-007 C= O' There is a proposed natural gas pipeline (Gulfstream) to be located along the northwest corner of the subject property. Construction of this gas line is expected to take Place in the next few.years. The subject property will have access to the power grid through the northwestern property line. The development of the-electrical generating, plant is not expected to create significant additional demands on any public facilities in this area. The proposed property will receive Water through an on-site well and sewer service through a septic system for all :buildings proposed for this Site. The access into the site is proposed as a Single access from Range Line Road Although the site is adjacent to Glades Cut-Off Road, the railroad tracks prohibit access onto Glades Cut-Off Road. As part of the construction of the proposed- project, the developer shall be'required to construct a dedicated right turn lane into this project ..site. b. Ail reasonable steps have been taken to minimize any adverse effect of the proposed building or use on the immediate vicinity.through building design, site design, landscaping and screening. The :developer.has designed this project in a manner that will buffer the residential properties to the south. These properties are 'located approximately 1 mile away - from the proPosed 'plant. The primary construction area for the proposed electrical plant will be adjacent to Range. Line Road. The developer will be installing landscape buffers along ali perimeter property rlines. C. The proposed building or USer will be constructed, arranged, and operated so as'not ' to interfere with the development and use of neighboring property, in accordance with applicable, district regulations. The design of the proposed project has been determined not to interfere with the deVelopment or use.of the neighboring properties. ,ADEQUACY OF PUBLIC FACILITIES The proposed building or'use complies with the standards 'of Chapter V, Adequate Public ,Facilities. ']'he subject properrty will receive water services-through an on-site well and sewer services through an onsite septic system. ADEQUACY OF FIRE PROTECTION The applicant has obtained .from 'the St. Lucie County Bureau of Fire Prevention written confirmation, or.haS otherwise demonstrated by substantial'credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. December 17, 2001 Page 6 Petition: CPV/CANA Ltd. File No.' CU-01'007 Em ']'he applicant has obtained from the St. Lucie County Bureau of Fire Prevention written confirmation that the proposed site .plan conceptually meets the minimum access and water supPly requirements for fire protection services at this facility. ,ADEQUACY OF. SCHOOL FACILITIES The proposed building or use will be served by adequate school facilities 'The applicant is proposing, a utility use that will not impact school facilities. ENVIRONMENTAL IMPACT For developments required to provide an environmental impact report under Section 11.02.09(A)(5), the proposed development will not contravene any applicable provision of the St. Lucie County Comprehensive Plan, or of Chapter Viii, "Natural Environment .Analy$i$", o[ the St. Lucio Count}, .Barrier Island Study Analysis of Growth Management Policy Plan, Kimley. Hom and Associates, Inc. (August 1982). No protected pi.ant species were observ, ed within the subject property. The project site ,does not appear to provide significant nesting or foraging habitatfor other listed species. As this is a disturbed Site, a condition of approval will be that the developer removes all :exotic vegetation from the site as a part of.construction. COMMENTS The petitioner, CPV CANA, Ltd.,~ is seeking approval for a conditional use permit.in order to construct and-operate a 250 megawatt, electric.generating plant for property-located on the west side of' l=lange Line. Road'.' ~ mile south of Glades Cut-Off Road, in the U (Utilities) Zo_ning District. The project will be known as CPV CANA, Ltd. Electrical generating plants are allowed as conditional, uses in the U (Utilities.) Zoning .District upon approval Of :the Board of County Commissionem. Staff findS that this petition meets..the standards of review as set. forth in Section 11,07.03 of the St.. Lucie County Land Development Code and is not in conflict With the goals, objectives, and policies of the St. Lucie .County Comprehensive Plan. Staff recommends that you forward this petition to.the Board of County Commissioners with a recommendation of approval subject to the following conditions: . Prior to the issuance of any building permits for any of the proposed structures or buildings on this site, all exotic vegetation found on the site shall be removed. . Prior to issuance of any building permits for any site construction, excluding site preparation work, the developer shall construct a dedicated right .turn lanes into this site at the project entrance. December '17, 2001 Page 7 Petition: CPV/CANA Ltd. File No.' CU-01-007 This approval is contingent upon the applicant using natural gas as its primary'fuel with Iow sulfur fuel oil as a backup supply. Such use of the backup fuel supply shall not exceed 500 hours per year per turbine. Any increase in the number of oil operating hours for state and federal air quality permits shall require St. Lucie County Board approval as a modification to the conditional use. Please contact this office if you have any questions on this matter. Suggested motion ,to recommend approval/denial of'this ,requested conditional .use.. .MOTI:ON TO APPROVE: AFTER CONSIDERI:NG 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, CPV CANA, Ltd.,, FOR A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A 250 MEGAWATT ELECTRICAL GENiERATING PLANT IN THE U (UTILITIES) ZONING DISTRICT, BECAU,SE... [CITE REASON(S) WHY- PLEASE BE SPECIFIC] ~MOT!ON ~0 D, ENY~ AFTER CON!SIDERINiG THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMrENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, ! HEREBY MOVE THAT THE PL.ANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION;OF, CPV CANA, Ltd.,, FOR A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A 250 MEGAWATT ELECTRICAL G'ENERATING PLANT liN THE U (UTILITIES) ZONING DISTRICT, BECAUSE... [CITE REASON(S) WHY - PLEASE BE SPECIFIC] O (D (Ivo~ I]33N~ s s£ t s gE .L X.I_NnOO 33BOHO33NO GYOU 3Nil 0 0 A Petition of CPV Cana, .LTD, fOr a Conditional Use Permi( to allow the operation of an electric plant in the"U (Utilities) Zoning District. CU 01-007 ~~////,~/~ This :pattern indicates subject parcel Map prepared November 7, 2001 While every effort has been made to provide ff3e most currant and ~te N CPV Cana, LTD. AG-5 U IH AG-5 U /,/ IH CU 01-007 ........ ' ~' This Pattern indicates Map prepared November 7, 2001 Land Use CPV Cana, LTD. ,i AG-5 AG-5 IND AG-5 INrD CU 01-007 ~/~~.~/~This pattern indicates ...... subject parcel Map prepared November 7, 2001 · While ever/effo~ ~ been made tO ICwovlde the mO~ cumm~ and accurate CPV Cana, LTD. CU 01~ OO7 This pattern indicates subject parcel Map prepared November 7, 2001 AGENDA - PLANNING& ZONING COMMISSION THURSDAY, DECEMBER 20, 2001 7:00 P.M. 'PV CANA, L 'D., has petitioned St, Lucie County for a Conditional Use Permit to allow the construction of an electric power generation plant in the U-(Utilities) Zoning District for the following described property: Location: West side of Range Line Road, approximately 0.60mile south of Glades Cut-Off Road. 'Please note &at all proceedings before the Local .Planning Agency are electronically reco'rdetL If a person ~decideS to apPeal any decision made by the ~Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need'a record of the proceedings, and that, for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and_evidence upon which the appeal is to be based Upon the request of any party to the proceeding, individuals testifying ~during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any .individual testifying, during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to alI adjacent property.owners December 10, 2001. Legal notice was published in the Port St. Lucie News and The 'Tribune, newspapers of general circulation in St. Lucie County, on December 8,-2001. File No. CU-OI-O07 ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA December 20, 2001 ·: ':. TO WHOM IT'MAY CONCERN: NOTICE is hereby given i.n accordance with Sectio, 11.00.03 at~ the St. Lucie County Land ~)evelopment Code and the provisions of the St. Lucie County Comprehensive Plan, the following applicants have requested that tt~e St. Lucie County Planning and Zoning Commission consider their following request: I. CPV CANA, LTD ~o~ a Change in Zoning from Ihe IH (h~dustriai, Heavy], crud U (Ulililies)Zoning Dish icls to the U (Utilities)Zoning Districl for Ihe following described property: Parcel 1: COMMENCE Ar rile NORTItEASI' CORNER OF SECTION 1, TOWNSHIP 37 SOUI,H, RANGE 38 EAST, ST. LUCIE COUNtI'Y, FLORIDA; THENCE RUNS S00°00'54"W ALONG THE EAST LINE OF SECTION~ I, A DISTANCE OF 2897.98 FEE[, TO THE POINT OF BEGINNING; THENCE RUN S00°00'54"W, ALONG THE EAST LINE OF SECTION 1,'A DISTANCE OF 362.83 FEt~T; THENCE RUN N89°59'06"W, A DISTANCE OF 660 FEET; THENCE RUN S00"00'$4"W, A D1S,TANCE OF 330.00 FEET; I-HENCE RUN N89°59'06"W, A DISTANCE OF t976.38 FEET; THENCE RUN N44~46'00"E, ALONG THE EAST LINE OF A FLORIDA POWER AND LIGHT EASE~.I MENT, A DISTANCE OF 1869:78 FEET. [HENCE' Rt.J S00°00'54"W, A DISTANCE OF 635:0~' FEET; RUN $89°59'06,:E, A DISTANCE OF 1.320.00 FEET THE POINT'OF BEGINNING. ALL LYING AND 'BEIN~J tN SECTION 1, TOWNSHIP' ~37 SOUTH RANGE· EAST ST. LUCIE. COUNTY'FLORIDA, AN~) CONTAINs.' lNG ~6.0.6 ACRES MORE' (~R LESS. ' PARCEL 'OF LAND'IN SECTION" 1, TOWNSHIP- 3~' J SOUTFI, RANGE 38 'EAST, 'ST: LgCIE COUNTY, FLORI- j DA, SAID PARCEL.IS DESCRIBED 'AS FOI~LOWS: 635.03 FEET, .TO THi 660 FOOT 'WIDE Fl PANY EASEME THENCE CONTINUE N00°00'5~'E: 'A 'DISTANCE. OF 937.46 'FEET, TO THE NOR-THWESTERLY EASEMENT, SAID LINE ALSO 8EINGTHE ERLY LINE OF THE 150 FOOT WIDE FLORIDA RtGHT'OF~'WA~; :THEN ' SAIl TO THE POINT OF BEGINNING.- · . . THE.'ABO~Z~ :!6~ScRii~ED PARCEL'; CONTAINS J'514846 ACRES, ..M. QRE'.ORLESS.'-'; ..... " . .- ~;~..?".~... ,.... .".- -.'. ~_: ... Parcel'-3:.: :':-.'; ":~ .... ' ' SaU~H,'.:~X~GE .' 38' EAST,~ ST: '[gCIE"CbU~TY; FLORI- DA', SAI'D. PARCELi~' DESCRIBED ~$ F0'L~oWS: COMMENCE" AT THE NE CORNER OF' SECTION 1, TOWNSHIPs37 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY~ FLORIDA,' [HENCE RUN S00~00'54~W ALONg file EAST LINE OF SAID SECTION 1, A DIS- lANCE OF 2567.98 FEE[, fO A POINT OF BEGIN- NING, THENCE CONflNUE S00~00'54"W ALONg THE EAST LINE OF SAID S~CfiON I, A DISTANCE OF 330.00 FEET, THENCE RUN N89~'59'06~W A DISTANCE OF t 320 FEE[, [HENCE RUN N00°00'54'E ADISTANCE OF 330.00 FEE[, THENCE S89°59'06"E A DISTANCE OF ] 320 FEE[ [O THE POtNf OF BEgINNINg. ALL LYING AND BE.lNg IN SECTION I. [OWNSHtP 37 RANGE 38 EAST, ST. LUCI~ COUNTY, FLORIDA, AND CONTAINING 10.00 ACRES MORE OR LESS. 1 Location: West side of Range Line Road, approximately 0.60 mile soulh oJ Glades Cut-Off Road. 2. CPV CANA, LTD. for a Conditional Use Permit to allow lhe conslfuction of a~ electric power generation plant in the U (Utilities) Zoning District for the following described Drapery: Location: West side of Range Line Road, approximately 0.60 mile south of Glades Cul-Off Rood. 3. Verizon Wireless a Conditional Use Permit to allow the placement and conslrudion-of a 200 foot tall telecommuni- cations la,ice tower and-associated ~uipment in the AG-1 (~gricul~rai '- I du/acreJZOning Distfid for the following .describ~ THE NORTHWEST 1~4 OF THE SOUTHWEST 1/4 OF :SECTION 14, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUClE COUNt, FLORIDA, 'LESS ~ND EXCEPT THE NORTH 20 FEET AND THE WEST 48 FEET THEREOF. Location: 8803 Indrio. Road, Fad Pierce. PUBLIC .HEARINGS will ~ held in Commission Chambers, Roger. Pail[as Annex, 2300~.Vifginia Avenue, Fad Piece, FlOrida on Decemb~ 20, 2001~ b~inning 'as soon ~er~er. as possible. PURSUANT TO S~ion 286,0105, Florida St~e~, ~on d~ides to appel, any d~ision made 6y a b~fd, agent, oK. commission ~th fes~ lo any'ma~er er~ at a meeting or h~ring, he will n~ proc~ding~¢ and that, ~or ~u~ ~r~e~, ensure that a v~tim r~d of the' proc~ing~ i~ made, which r~of~, in~udes .~e testimony an~ e~dence ~ic'h the bpp~l is to ~ ~s~. PLANNING 'AND ZONING COMMISSIO~ ST. LUCIE 'COUNTY, FLORIDA /S/Stefan MaShes, CHAIRMAN Publish: D~em~r 8, 200 i "'~ 2301 i 35 the Tribune, Smurd~y, Doc~m~or~O~ Planning and Zoning Commission Review: 12/20/01 File Number CU,01-008 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO' FROM- DATE: Planning and Zoning Commission Planning Manager ~ December 14, 200'1 SUBJECT: LOCATION- Application of Verizon Wireless (MasTec Wireless, Agent) for a ConditiOnal Use Permit to allow a 200 foot lattice communications tower in the AG-1 (Agricultural 1 du/acre) Zoning District. 8803 Indrio .Road ZON lNG D · ISTRiCT. FUTURE LAND 'USE: PARCEL S' · ~.. IZE. AG-1 (Agricultural - 1 du/acre) RU (Residential Ur'ban) 38.5 acres PROPOSED USE.: SURROUNDI~NG ZONING: 200 foot :Lattice Communications Tower. AG-1 (Agricultural- 1 du/acre) to the north, south, east, and west. S U RRO UN'D !N G LAN D' U S E S: The general existing use surrounding the property is citrus groves and some residential. FIRE/ENIS PROTECTION: UTILITY SERVICE: The Future Land Use Classification of the immediate surrounding aroa is RS (Residential Suburban). Station #7 (Ft. Pierce. Boulevard), approximately 1 mile to the east. is located The subject property will not require utility services. December 14, 2001 Page 2 Subject: Verizon Wireless File No.' CU-01-009/BA-01-004 TRANSPORTATION IMPACTS' RIGHT-OF-WAY ADEQUACY: The existing right-of-way width for indrio Road is 80 feet. The existing right-of-way width for Emerson Avenue is 36 feet. SCHEDULED IMPROVEMENTS: None. TYPE OF CONCURRENCY DOCUMENT REQUIRED.: Certificate of Capacity. STANDARDS OF REVIEW~AS SET FORTH IN SECTION 11.07.03, ST. LUCiE COUNTY LAND DEVELOPMENT CODE In reviewing this apPlication for proposed condition,al use, the Planning and Zoning Commission shall consider and make the following determinations: ,, 'Whether the proposed conditional use is in conflict with any applicable portions of the St. Lucie CoUnty Land Development Code; The proposed conditional use is not in conflict with any applicable portions of the St. Lucie County Land Development Code. Section 3.01.03()(7), ^G-1 (^gricultuml- 1 du/acre) Zoning District, allows communications towers as conditional uses subject to Board of County Commission approval. Whether .and the extent to which the propoSed conditional use would have an adverse impact on nearby properties; The proposed condi.tional use is not expected to adversely impact the surrounding properties.. The St. Lucie County Board of Adjustment granted ~a variance to allow a 200 foo.t communications tower within 750 feet ora habitable residential structure on August 22, 2001. The proposed tower is approximately 522 feet from a home, which is also the residence of 'the owner of the subject prope~y. The proposed tower is located in a citrus grove. are also 'used for agricultural production. Surrounding properties December 14, 2001 Page 3 *'Subject: Verizon Wireless File No.: CU-01-009/BA-01-004 ,, Whether and. ~the extent to which the proposed conditional use would be served by adequate public facilities and services, inclUding roads, police protection, solid waste disposal, water, sewer, drainage structuros, parks, and mass transit; This conditional use is .not expected to create significant additional dema. nds on any public facilities in this ama. Access to the property' is provided throug'h Ememon Road via Indrio Road. Approximately 2 visits will be required for the maintenance of the tower and its associatod oquipment. Whether and the extent.to which the proposed conditional use would result in significant adverse impacts on the natural environment; ,. The proposed conditional use is not anticipated to create adverse impacts on the natural environment.. The proposed site is located in an existing- citrus grove 'and must comply with all local, state, and federal regulations conceming its development and operation '['he :applicant, Verizon Wireless, has applied for the ~requested conditional use in order to construct a 200 foot communications tower in the AG-1 (Agricultural - ~ dulacm) Zoning DiStrict. Communications 'towem are allowed as conditional ~uses in this zoning .diStrict. s~ct to the approval of the Board-of County Commissioners. On August. :22, 2001 St. Lucie County BOard of Adjustment granted a variance to allow the construction of the communications tower within 750 fOet of a habitable rosidential structure, 'The variance granted allowed the~ tower to be placed approximately 522 feet from this home, which is also where the owner of the subject property lives. He has no objection 'to the construction of the communications tower. The system Verizon is proposing is a digital system. The applicant has stated that this type of system allows for three times the number of calls when comparod to analog cellular~technology and can be delivered over~the same channels. V,erizon Wireless' Radio Frequency (RF) Engineer conducted an inventory of existing towers in' St. Lucie County .in order to try and co-locate on them, and thereby avoid having to construct a new tower. The RF Engineer has stated that the proposed tower I ',, ' o~.,abon is the best location available that meets the requirements of the Land Decernber 14, 2001 Page 4 Subject: Verizon Wireless File No.' CU-01-009/BA-01-004 Development Code and also meets the requirements as mandated by their !icense with the Federal Communications Commission (FCC). Among the mandated conditions of their federal license .are the following' 1 . 1 Must make PCS available to consumers by providing non-discriminatory coverage within the licensed region Must provide PCS coverage to a certain percentage of their market area's population within a described timeline. Cover most .of:its license area Without discriminating be~een demographic groups. Develop a mature system by the year 2002 as stated in the FCC licenses obtained by Verizon. Verizon has been in contact with representatives of AT&T, who are proposing to co-locate on 'the proposed Vedzon tower. Co-location is encouraged in the Land Development "Code and is preferred by tower companies to building new towers because of' the. cost saVings involved with the construction of a new tower. The applicant has proVided a propagation .map indicating the coverage of the area un, der. current conditions and a propagation map indicating what .the coverage would b.e expected to be with the addition of the proposed tower. Staff finds that this petition meets the standards of review as set forth in Section 1~1,07.03 of the St, Lucie County Land DeVelopment Code and is not 'in conflict with the goals, objectives, and p°licies ~of the St. Lucia County Comprehensive Plan. Staff recommends that you forward this petition to the Board: of County Commissioners with a mcommondatiOn of approYal. Please contact this office if you have any questions on this matter. Attachment hf cc: County Administrator County Attorney Jason Laskey File Suggested motion to recommend approval/denial of this requested conditional use. MOTIO. N.,TO APPROVE;_ AFTER CONSIDERING THE TESTI.MONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUG!E COUNTY LAND DEVELOPMENT CODE, ! HEREBY MOVE THAT THE PLANNING AND ZONING. COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF 'COUNTY COMMISSIONERS G~NT APPROVAL TO THE APPLICATION OF VERIZON WIRELESS (MASTEC WIRELESS, AGENT), FOR A'CONDITIONAL USE PERMIT TO ALLOW' A 200' FOOT LATTICE COMMUNICATIONS TOWER IN THE AG-1 (AGRIC:ULTURA:L- 1 DU/ACRE) ZONING DISTRICT, BECAUSE... [LIST CONDITION(S)] AFTER CONSIDERI'NG 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 COMMISSI~ONERS DENY THE APPLICATION OF VERiZON WIRELESS (MASTEC WIRELESS, AGENT), FOR A CONDITIONAL USE PERMIT TO ALLOW A 200 FOOT LATTICE:. COMMUNICATIONS TOWER IN THE AG-1 (AGRICULTURAL- 1 DU/ACRE) ZONING DISTRICT, BECAUSE... [CITE REASON(S) WHY- PLEASE BE SPECIFIC]: N 0 0 GVOa S k~ L S c~. L S 9~ t AINFIO0 3::!I3OHO33)tO A n ss , Agent) for a Conditional Us~ Permit to allOw the construction o~ a communications tower in the AG-1 District. Indrio Rood Subject CU 01-0,09 Map prepared November15, 2001 Land Use COM Mx[) A~rport CU 01-009 Wi, rele'ss H (MasTec Wireless, Age~nt) ood RU Subject Parcel: RS MXD Airport Map prepared Novembor 15, 2001 Zoning · i [ lndr~o Rood (MasTec Wireless, Agent) Sub ect AG-1 CU el-e09, Map prepared November t5, 2001 CU 01-(:)0~9 Wireless (MasTec Wireless, Agent) Map prepared November 15, 2001 N Ve nzon' RF Information RF Engineer Statement RF Prop. agation Maps FCC License Site Acquisition Affidavit ~Co ocatlon/Letter of Intent AT&T Letter of Interest Verizon Wireless 777 Yamato Road, Suite 600 Boca Raton, Florida 33431 June 1, 2,001 Mr. Demais J, Murphy, AICP Assistant Community Development DireCtor St. Lucie County, Dept of Community Development 2300 Virg~ia Avenue Fort Pierce, FL 34982-5652 Russakis Indrio Road- Verizon Site Nu'mber 68800 8801 Indrio Road, Fort ,Pierce, FL34951 Verizon 'Wireless hereby certifies that the proposed installation on the existing tower.will not cause iaterference with the use of properly functioning radios, televisions and/or telephone broadcasting and reception. Additionally, a review of existing facilities, as identified by Verizon's site acquisition consultant Maste¢ Wireless Services for tho' aforementioned search area, will not meet Verizon's intended coverage requirements. Based orr this review, the proposed site location at Russakis indrio Road will provide the coverage and service objectives for Verizon Wireless in.this area. Yours truly, /~ ~~~or, i.~~~em Performance STATE OF FLOR~A COUNTY OF PALM BEACH The foregoing ins~ent was acknOwledged before .me this c~ .~/v~t~day of ~~, 2001 by Joseph Webel, 'as Director, System performance of Verizon Wireless Personal Communications Limited Partnership, a Delaware limited partnership, dba Verizon Wireless. He is personally .known to me ----------~ !denfificafion. (Printed/Typed/Stamped Notary Name) JW/cmg ~namre) ' . '~Notary Public- State of Florida LL. UJ Il c./a Ai'rTouch C. omm~~, Inc_ Wa.shin~, ~ 2~ ~ M015 Fiv~-y~ B~ O~ Dar~.. Expir~o= D~.. · ...................... June 23, 2~0~ ~o FCC ~x~,-~3a mm .M,a sTe, c Affidavit Verizon Search Ring://68800 Verizon Site Name: Russakis Indrio Road I, C[~sty Alexander, Site Acquisition Specialist, attest and affirm that based on an extensive review of'the search area, as issued by Verizon Wireless, no existing tower, building or stmc~e meeting V ' ' · enzon s RF requirements was identified within the intended coverage area. Attached ~to this affidavit is a list and map of all feasible candidates evaluated and submitted to Verizon Wireless RF Engineers for review and consideration. q-,lO Date . Mastec Wireless Services Notarized Statement: STATE! OF _ The was. acknowledged before me this . /~'~ day of ~ by (AFFIX NOTARIAL-SEAL) NOTARY PUBLIC--STATE OF My commission expires: ///~~' ~~,~ COMMISSION NUMBER: 23R0 sT SW ~ 25TH ST SW ~ ~ .Triple M /V~I/~II.IS ;Lorme. Mag 14.00 Mon Sepl 0 17:09 2001 Scale 1:31,250 (at center) 1000 Meters 00 USA ' -' Local Road -- Major Connector ,==.m=~ State Route ; . . GEORGEs RD..! ,~-...;~. ......... RD 27-31-16 80-24-44 JENNI,N.G_ .S: WAY LAGUNARD. ~lnterstate/Limited Access I-] Point of Interest Locale Private Airport County Boundary Water . Woodland I ntermitten t River GRO~RSRD ; : AT&T Wireless Services, Inc. August 17, 2001 Mr. Jason Laskey Mastec 3201 W. Commercial Blvd Suite 116 Ft. Lauderdale, FL 33309 Re: Letter.of Interest for AT&T's collocation at asite proposed by Verizon Wireless at 8803 Indrio Rd.,.Ft. Pierce, FL. Coordinates: Lat:27 31 08.7; Long: 8024 53.3 AT&T's Site ID# FP 29 Dcm: Mr. Wanliss: It has come to our attention that Verizon Wireless 'has filed an application for a telecommunications tower to be located at 8803 Indfio Rd., Ft. Pierce, FL. AT&T Wirel-ess hereby expresses an intereSt in collocating at this site. We would appreciate if you would kindly forward any pertinent information that may assist us in filing an application wiih Nextel for collocation at this site, .including, . tower type,, height: proposed,~ antenna type,, and available height as soon as pOssible. Your urgent attention, is appreciated. If you~ have any questions,, please feel free to contact Rob Riccardo at 561-471-3498. You may fax the information to Rob at 561-682-3728, or email it to him at rriccard @ bechtel,cg~~. Thank you, Michael J. Julian System Development Manager- South Florida M J J/n: CC: Bechtel Telecommunications Ltr of InterestFP291doc AGENDA - PLANNING & ZONING COMMISSION THURSDAY, DECEMBER 20, 2001 7:00 P.M. VERIZON WIRELESS (MasTec Wireless, Agent), has petitioned St. Lucie County for a Cond£tional Use Permit .to allow the placement and construction of a 200-foot tall telecornmunica~ons lattice tower and~assoc~ated equipment ~n the AG-1 '(Agricultural - 1 du/acre) Zoning District for the following descr~bedproperty: Location: 8803 Indrio Roa~ Fort Pierce. Please note .that all proceedings before the Local Planning Agency are electronically recorded'. If a person decides to appeal any decision made by the Local Planning Agency with respect to any matter considered at such meeting or hearing, he wdl need a record of the proceedings, and that, for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which record ~ncludes the testimony and evidence upon which the appeal is to be based. Upon the request of any pa~ to the proceeding, individuals testifying during a hearing will be sworn-in. Any pa~ to the proceeding will be granted an opportunity to cross-examine any ~ndividual testifying during a hearing UPon request. Written comments received in.advance of the public hearing wdl also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners December 10, 2001. Legal notice was published in the Port St. Lucie'News and The Tribune, newspapers of general cimulation in St. Lucre County, on December 8, 2001. File No. CU-OI-O09 ~- ' ' . NING AND ' ST LUCtE COUNTY PLAN' " J ' ZONING COMMt ~ ~ p~ SSiON ' . J UBLIC HEARING AGENDA ;/ December 20, 2001 ' .., i jTO WHOM IT MAY CONCERN:' " 'Il' OTICE .is ,hereby given in bccordance with Sectiot 'J 11.00.03 of the St. Lucie County Land bevelopment Code J and the provisions of the St, Lucie County Corn rehensive Plan the foilowin a ticant P ~ ' . g pp s have requested that the St. '/Lucie County Planning and Zoning Commission consider :j their following request: i l. CPV CANA, LTD ~or a Change in Zoning from the IH t (Industrial, Heavy), and U (Utilities)Zoning Districts to the U /(Utffities)Z°ning District for the following describec I Property: ! P_?rcet 1: ICOMMENCE AT THE. NORTHEAST CORNER OF SECTION Il, TOWNSHIP 37 SOUTH, RANGE 38 EAST, ST. LUCIE icOUNTY, FLORIDA; THENCE RUNS S0(~o00'54-W I ALONG ~HE EAST LiNE OF SECTION i,A DISTANCE J OF 289~.98 FEET, TO THE POINT OF' BEGINNING; I fHENCE RUN S00°00'54"W, ALONG THE EAST LINE OF SECTION 1, A DISTANCE OF 3'62.83 FEET; THENCE j: RUN N89o59'06',W, A DISTANCE OF 660 FEET; THENCE RUN S00"00'54,,W A DISTANCE OF 330.0d FEET;' THENCE RUN N89°5~06,,W, A DISTANCE OF 1976.38 FEET; THENCE RUN N44,46*00"E, ALONG THE EAST LINE OF A FLORIDA POWER. AND LIGHT EASE;~ MENT A DISTANCE OF ]86978 FE' , o '~ , ~ - ET, THEN ' ~':'" RUN ¢ooo'~.',..,A,~DI.ST_A~E~QF 635:03 FEET; THEN~? SOO 0054 ~W ~. .. CE ~.~._ ~,~oz ~,~,uo t:, A DISTANCE OF t32000 FEET IHE POINT OF BEGINNING; ALL 'LYIN~ ~I~ID ~'EI IN S'ECTION I.¥~W'' .... i . , NSHtP 37 SOUTH, RANGE- EAST, ST. LUCJE.-COUNTY FLORIDA, AND CONTAiN~ lNG 36.06 ACRES MORE' (~R. LESS.. . 1, TOWNSHIP. 3~' LUCIE COUNTY, FLORI- FOLLOWSi ' - ' .. COMMENCE AY :THE :.NORTHEAST OCRNER OF SECTION I, THENCE RUN I LINE. O1~ 'BEGINNINGi.. · / H.~. i,~BOV,.Er':::DESCRIBEO :PARC~EI?.CONTAINS:' vj.5..~4..~ I ' .ACRES ' .MORE~ ~R:'~:~,~. : ',-'.' P~;~:,"L:~,'~~ F~:?~.,?,:~:.-..,: l'-DA~:.S~J~.r~RCE[~i~~DESc~IBED~S pg[.[~ T .. '.. m0~M~NC:~','AT" 'mE. NE c0,~-~ [ T~WNSHIP :37. SOUTH] R~OE -38 :EAST~ ST.' 'LUCI'~ j ALONG ?HE .:EAST .'LINE OF SAID' SECTION '1, A 'DIS- j COUNTY;...~LORiDA,.. :THE~CE~ RUN S0bo00,54,,W TANCE OF '2567.98' FEE[, TO A POINT OF BEGIN- NING, THENCE CONTINUE S00O00,54-W ALONG THE EAST LINE OF SAID SECTION 1, A DISTANCE OF I 330.00 FEET, THENCE RUN N89o59'06-W A DISTANCE' OF 1320 FEET; THENCE RUN .N00°00'54"E A DISTANCE: OF 330.00 FEET, THENCE S89°59'06'E A DISTANCE OF~ 1320 FEET TO THE POINT OF BEOINNING~ ALL LYING AND BEINg IN SECTION 1, TOWNSHIP 37 ~UTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, AND] CONTAINING t 0.00 ACRES MORE OR LESS. j Location: West side of Range Line Road, approximately 0.60 mile 'south o~ Glades Cut-Off Road. 2. CPV CANA, LTD. for a' Conditional Use Permit to allow the construction of a~ electric power generation plant in the U (Utilities) Zoning District for the following described pr0pe~: Location: West side of Range Line Road, approximately 0.60 mile south of Glades Cut, Off Road. . 3. Verizon Wireless a Conditional: Use Permit to allow the placement and cons~udionof a 200 foot tall telecommuni- cations laflice tower and associated ~uipment in the AG-1 (~gricul~ral- I alu/acre)Zoning Distrid'for the following describ~ prope~ .. THE NORTHWEST'I~4 OF THE SOUTHWEST.. 1/~ OF' ~SECTION i~, TOWNSHIP 34 SooTH..RANGE 3~ EAST, ST. LUCIE'COUN~, FLORIDA~ LESS ~ND'. EXCEPT THE NORTH. 20 FEET AN~ THE WEST.48 FEET THEREOF. ' Location: 8803 lndrio. Road, Foal Pierce, . ' - PUBLIC: HEARINGS will ~ held in Commission Cfidmb~rs, Roger poitr~s"Annex, 2300 .Virginia Avenue, Fo~ Pierce, FlOrida on Decemb~ 20, 2001'[ beginning 'as soon. tfler~fler... . ...as ~ssible. ' .. , son d~ides"fo appeal` any d~isi0n mad~ by a b~rd, agent,, or c~mission with res~ to any'maffer conSid- ered at a ~ting or h~ring, fie. will ~ a r~ord 'of the proc~dings, an~ mat, f~ ~ch pumoses, ~ may n~ to wmcn 'recq[~;. in~udes ;ffie. testimony and evidence, upon ~hich the ~:is to ~ ~S~ PLANNING~ND ~JNG CO~lSSIo~ -' ST. LUClE COUNt, FLORIDA /S/Stefan Ma~fies, CHAIRMAN .... ' 2301'1'35 . . The TribUne, Sa~rday,L'Dep~e~:~,: 200', Planning & Zoning Commission/Local Planning Agency Review: December 20, 2001 COMMUNITY DEVELOPMENT DEPARTMENT Administration Division MEMORANDUM TO' FROM' DATE: Planning & Zoning Commission/Local Planning Agency Interim Community Development Director December 14, 2001 SUBJECT: Consider Draft Ordinance 02-002 amendinq the St. Lucie County Comprehensive Plan .by extending the existing Urban SerVice Boundary of the St. Lucie .-County Comprehensive Plan to encompass additional property located at the northeast corner of~ the intersection of Indrio .and Johnston Roads, in Unincorporated St. Lucie County. Attached is a copy of the submitted .application of Lin Indrio Inc., a Florida Corporation, to amend the St. Lucie County Comprehensive Plan by extending the existing Urban Service Boundary of the St. Lucie County Comprehensive Plan to .encompass additional property located at 'the northeast corner of the intersection of Indrio and Johnston Roads, in Unincorporated St. Lucie County., This proposal to amend the St. Lucie County ~ Comprehensive Plan has been filed concurrent with an ,application for Change in Future Land Use for thiS same parcel arnd an ,application for Planned Unit Development approval for a 799 ~unit residential project to be known as the Phoenician Country Club. 'The specific purpose :of this public hearing is 'to: Determine if the proposed amendment is consistent with thee general Goals, Objectives and Policies of the SI. Lu¢ie County Comprehensive. Plan; · Provide a recommendation to the Board of County Comm~,ssioners on whether or not the proposed amendment should be transmitted to the-Florida Departmefit of Community Affairs for further review and processing consistent with the requirements of Chapter 163, Florida Statutes. In reviewing the submitted application for amendment to the St. Lu¢ie County Comprehensive Plan, staff at this time finds ~that it cannot support .the requested amendment. 'Our reason for not supporting this application is. that as this Board is aware, the County is currently in the process of comploting its EAR based amendments to the County Comprehensive Plan. Final adoption of the proposed amendments, to this plan are scheduled for review by the Board of County Commissioners in February .2002, and we anticipate final administrative determinations to be made by the Department.of 'Community Affairs in April or May of ;2002. As part of these plan. amendments, the Board of County Commissioners has committe~ tcr conducting a series of local area planning studies to evaluate in further the existing Urban Service Areas and Land-Use Plan designations on a more Pamel specific basis than we were able to do as part .of the development of the general County Comprehensive Plan. If the Board determines that any alteration to the .existing Future Land Use designation or Urban Service Boundary lines is warranted, then the appropriate amendments to the local comprehensive Plan will be initiated. Staff recommends that the Planning and Zoning Commission/Local Planning Agency take one of the following actions on this petition to amend the County's Comprehensive Plan' December 14, 2001 Page 2 Subject: Draft Ordinance 02-002 amending the St. Lucie County Comprehensive Plan by extending the Urban Service Boundary of the St. Lucie County Comprehensive Plan to encompass property located at the northeast comer of the intersection of lndrio and Johnston Roads. Ac B. Defer any action, without prejudice, on this petition until the completion of, or in conjunction with, the planned local area planning studies for the lndrio/North County Planning Area. This local area planning-study is scheduled to be commenced in FY 2001/02. RFP's for outside planning assistance on this project are scheduled for release in January 2002; or, If the .Board feels that: they would prefer to forward this matter to the Board of County Commissioners for further review and transmittal.consideration, staff must recommend that the submitted petition be 'forwarded with a recommendation of denial. Our reasons for this recommendation are as follows: The applicants have failed to demonstrate how their proposed amendments to the County's Urban Service Boundary are consistent with the general Goals Objectives and Policies of ~he County s Comprehensive Plan. There has been no demonstrated need to expand the .urban service boundary line in this area. The fact that a simultaneous application has been filed with this petition, that would amon0 tho Futuro Land Uso Maps o[ tho County's Gomprohonsivo Plan and pormit tho development of a 799 unit planned development does not in itself support the contention 'that the development conditions in this area have materially changed to support the requested Urban service boundary expansions. No marketing or inventory demand studies have 'been Provided for this proiect or petition. The recently approved utility master plan for this area of the County does not contemplate any service extensions into the Petitioned area until at least.the 2010/2015- time period, if you have questiOns, please let me know. D~ AICP Interim Co DJM/ OR_O2-OO2_MEM01 (h) cc: County .Attorney Planning Manager Richard Sneed, Esq. Director · ! PETITION TO EXTEND PLANNED URBAN SERVICE AREA BOUNDARY October 1'8, 2001 TO' Board of County Commissioners, St. Lucie CoUnty, .Florida ;2300 Virginia Avenue Fort Pierce, FL 34982 HAND DELIVERED Dear Commissioners: The petitioner, Lin I:ndrio, ln~., a Florida Corporation petitions the 'Board of County Commissioners to extend the Planned Urban Se~ice Area Boundary to include the lands described in Exhibit "A" Simultaneously with 'this petition the petitioner Lin Indrio, Inc. has filed' An Application for Change: in Future Land Use Classification; and an Application for Change :in Zoning to Planned Unit Development. All supporting ~ata required by those applications have been submitted with the applications. Respectfully submitted, Lin lnd~ a Florida Corporation 't~thorized-'-Agent '-~)' , · Exhibit L~gal Description The Northwest Quarter (NW t/4) of Section 10, Township 34 South, Range 39 East, St. Lucie County, Florida, LESS AND EXCEPTING the West 85 feet of the South 999.79 feet of the NW 1/4 of Section. 10, Township 34 South, Range 39 East, less the South 20 feet thereof; and less the West 80 feet of the North 500 feet of the South 1499.79 feet of said NW 1/4 and less the West 75 feet of the North 1145,41 feet ofsaidNW 1/4 leSs the North 25 feet; all less the existing right of way of Fort Pierce Farms Drainage Disthct, and all less the existing right of way for Jotmston (Lateral "8'') Road. Also LESS ~ EXCEPTING the East 50 feet of the E ½ of the NW 1/4 of SeCtion 10, Township 34 South, Range 39. East, St. Lucie County, Florida. Excepting therefrom rights of way for public roads,, drainage canals and ditdhes as shown on Plat Book 2, Page 7, of the Public ReCords of St. Lucie County, Florida. . PARCEI,,.~g: ... The SW 1/4 of :Section 10, ~Township 34 South, Range 39 East, less and except rights of way of drainage, canals and public roads as per Plat of Fort Pierce Farms on file in Plat Book 2, Page 7, of the Public Records of St.. Lucie County, Florida. The NW 1/4 of Section 15' ToWnship.34 South,. Range 39 East, tess canals and roads and excepting a one-acre square in the Southeast comer (said one acre exception being at the intersection of Indrio Road and F.P.F.D.D. Canal #7 and said one acre exception being described in Deed recorde~ in Official.Records Book 220, Page 544, of the Public Records of St. Lucie County, Florida). PARC_ _ EL IV.' The SW¼ of'The SW¼ and the South 13 feet of the NW¼ of the SW¼ of Sectign 3, Townshib 34 Soutth, Range 39 East, excluding those parts conveYed of record for public r°~tds"and drainage canals. Parcel ID numbers: 2 t 1-0001.-000/0 311-0001-000/7 211-0001/000/5 323-0026-000/3 A Petition of Lin indrio, Inc., a Service Area BoUndary Florida Corporation, to extend Planned Urban PA 02-.001.: This pattern indicates subject parcel """" ....... '"'---""" ..... Urban _ ,. Service Area Boundary · · ~,. ~ Map prepared Deoember 10, 200, ~ 0._ O0 0 0 ! I :__ _-,i o O¥OEI NNIHS O¥OU 3~ 30NVU $ 9~' 1 M. Nf'IO0 3380H033~10 Planning & Zoning Commission/Local Planning Agency Review: December 20, 2001 COMMUNITY DEVELOPMENT DEPARTMENT Administration Division ME MORANDUM , _~_ TO' FROM: DATE: Planning & Zoning Commission/Local Planning Agency Interim Community Development Director December 14, 2001 SUBJECT: Consider Draft Ordinance 02-003 amending the St. Lu¢ie County Comprehensive Plan by granting a change in Future Land Use designation from RE (Residential Estate) to RU (Residential Urban) fOr certain property located at the northeast corner of the intersection of indrio and Johnston Roads, Unincorporated St. Lucie County. - Attached is a copy of the submitted application of Lin Indrio Inc., a Florida Corporation, to-amend the St. Lucie Cc~unty ComprehensiVe Plan by Changing the FutUre Land Use designation from RE (Residential Estate) to RU (Residential Urban) for certain property located at the northeast corner of the intersection of lndrio and Johnston Roads in Unincorporated St. Lucie County. 'This proposal to amend the St. Lucie (-,, . County .;omprehensive Plan has been filed concurrent with an application for Change in the' Urban Service Boundary effecting this same parcel and an application for ~Planned-Unit Development approval for a 799 unit residential project to be.'known as the Phoenician Country Club. The specific purpose of this 'Public hearing ~is to:- Determine if the proposed amendment is consistent with the general Goals, Objectives and Policies' of the:St. Lu¢ie County Comprehensive Plan; · Provide a recommendation to the Board of County Commissioners on whether or not the proposed amendments should be transmitted to the Florida Department of-Community Affairs for further review and processing consistent with the requirements of Chapter 163, Florida Statutes. in reviewing the submitted application for amendment to the St. Lucie County Comprehensive Plan, st~tff at this time finds that it cannot support the requested amendment. Our reason for not supporting this application, :is that as this Board is aware, the County is currently in the process of compl~tihg its EAR based amendments to the County Comprehensive Plan. Final adoption of the proposed ambndments to this plan are :scheduled for review by the Board of County Commissioners in February 2002, and we anticipate final administrative determinations to be made by the Department of Community Affairs in April or ~May of 2002. . , .. As part of these plan amendments, the Board of County Commissioners has committ°~ tO' Conducting a sorios of local aroa plannino Studios to ovaluato in furthor dopth tho oxisting Urban Sor¥ico ^roas and Lan0 Uso Plan 'dosignations on a moro parcol spocifi¢ basis than wo .-woro ablo to do as part of tho do¥olopment of tho ~onorai County Gomprohonsi¥o ~lan. !~ tho Board dotorminos that any aitoration to tho oxisting Future [and Uso dosionation or Urban Sor¥i¢o Boundary iinos is warrantod, thon tho appropriate amondmonts to tho local cornprohonsi¥o plan wilt Do initiatod. Staff rocommonds that tho Planning and Zoninq Commission/Local ~lanning ^gonc¥ tako OhO of tho following actions on this potition to arnond tho Go'uat¥'s Gomprohonsi¥o ~lan: December 14, 2001 Page 2 Subject: Draft Ordinance 02-003 amending the St. Lucie County Comprehensive Plan, granting a change in Future Land Use designation from RE (Residential Estate) to RU (Residential Urban) for certain property located at the northeast corner of the intersection of lndrio and Johnston Roads. A. B. Defer any action, without prejudice, on this petition, until the completion of, or in conjunction with, the planned local area planning studies for the Indrio/North County Planning Area. This .local area planning study is scheduled to be commenced in FY 2001/02. RFP's for outside planning assistance on this project are scheduled for release in January 2002; or, if the Board feels that they would prefer to forward this matter to the Board of County Commissioners for further review and transmittal consideration, staff must recommend that the ,'submitted petition be forwarded with a recommendation of denial. Our reasons for this recommendation are as follows: The applicants have field to demonstrate how their proposed amendments to the County's Future land Use Maps are consistent with the general Goals, Objectives and Policies of the CountY's Comprehensive ~Plan. There has been no demonstrated need to expand the urban service boundary line in this area. The fact that a simultaneous application has .been filed with this petition, that would amend the future land use maps of-. the Countys' Comprehensive Plan and permit the development of a 799 unit planned 'development does not in itself support the contention that the development conditions .in this area have materially changed to support the.. requested urban service boundary expansions. No marketing or inventory demand studies have been provided for this project or petition. · The recently approved utility master plan for this area of the County does not contemplate any service extensions into the petitioned area until at least the 201. 0/2015-time period. If you have any questions, please let me.know. Dennis J. F irphy, AiCP Interim ~ment Director DJM/ OR_02-003_MEMOI(h) cc: County Attorney Planning Manager Richard Sneed, Esq. c '~ ~ O_ 0 _J 33801-1033>10 Petition of Lin indrio, Inc., a Florida Corporation for a Change .in Land Use SE to RU RE RE RE MXD- IRPORT PA 02--002 This pattern indicates subject 'parcel '"" ........ " ............ urban Service Area Boundary .~ Map .prepared December 10, 2001 ~, ~ m ~ ~ f~ ~ as a ~ '~i~ ~ C.. ST. LUCIE COUNTY C~GE IN FUTU~.LAND USE CLASS~ICATION APPLICATION Please .oamplete the requested information below and.submit all items to the St. Lucie County Department of Community Development, Planning Division, 2300 Virginia. Avenue, Room 203, Fort Pierce, Florida. All applications must be accompanied by the proper non-refundable tee or they cannot-be accept~ for processing. NOTICE: IN AC .CO~~~ .WI'IH-CHAPTER 16331~ FLORIDA STATLFrEs, THE ST. LUC~ COUNTY. BOARD OF ~UNTY CO~IO~ WILL ' CONSiDER APpLICATiONS F~R LAND ACRES CE F~~ C~~ YF.3iR. IN MOST INSTANCF_~, AMENDMENTS") ONLY APPLtCA~ONS FOR ~ USE CI-IAN~"ES'ON PAR~ THE COMMISSION.WILL CONSmER " 'rHa 'to ('SMA ARnA ' .AM~I~DI~.~WI~") :AT ~ TIM~ D~G .TH~'~.~DAR ~ pLEASE -(:~~~~ ~ ~ CO~' ~LANNI~G DIVISION (~7/~~?~ TO D~ APPROPRIATE D~LINF~ FO~ REVIEW. . . · For ass~tance in submitting tais appUeaUon, p~easo contact tho St: Lt~cie county Department or Community Dev¢lopment,.Planning Division. ppff~t s Name: Lin tndrio, Inc. ' . - . 1905 25th $~reec South Suite 206 · . Ft. P~erce, Florida 3494? pplicant s Address: Applicant's Phone NUmberl ._561-465-2330 Fax 561-465-2342 · - · -'petition the St. :'Lueie County'--LOcal Planning Agency and the St. Lncie: I (we) do hereby County Board of County C~~sioners to. change the Future Land Use ClasSification: of the following property: Legal Descript/on: (Type or print ~ black ink) , . SEE EXHIBIT "A" ATTACHED .o ACKNOWLEDGEMENTS LII~ II~IDRIO, IltC., a Flori. da corporate, on Applicant (s)' Name October 18, 2001 Date ppLicant s Signature. Date RiChard D. Sneed, Jr. P.A.. October 18, 2001 Agent's 'Date SPECIAL N,OTE: Under the pro.visions of. the St. Lueie. County Land' Development ~C_x)de] a petition fo~ . change in land use is considered to ..be a PRELIM~.ARy DEVEI~PMENT of Preliminary Development Order, and consis.tenf with tho .County's concurrencyORDER'regulations,Underst, theLucie, definitiOncounty neither 'warnants ~ nor. represents that there are sufficient public fac/l/ties .of services available, to serve tho prope~ on Which the change in land use is sought. Further, pursuant to Section 5.01.01(B)(3). of'the Code, a signed Con. currency Deferral Affidavit must accompany all aPplications for land use changes and zoning amendments., w!u~h acknowledge that no public facili~ capacity will be .reserved for the subject-property' l~ri0~: to. the lssuam:e. ~ciiities.°f at) itvFinal will.Devel°Pmentbe made Order, A .$25 fee will apply. A determination-of the availabiff of · tO the ' ' ' ty publicpm OrderCa-ac--~mnnot.be iSsUed prior is .issuance of a Final Development Order. A Final Develo__ent capaei~, available. For additional 'information please contact-the Department of Community Development, Oro~.wth Management' Division,' Room 201, St. LuCia. County' Ad~tration Building. Telephone (407) ~~550. PARCEL__!: Exhibit "A" begal Desc~ The Northwest Quarter (NW 1/4) of Section 1'0, Township 34 South, Range 39 East, St. Lucie County, Florida, LESS AND EXCEPTING the West 85 feet-of the South 999.79 feet of the NW t/4 of Section 10, Township 34 South, Range 39 East, less the South 20 feet thereof; and less the West 80 feet of the North 500 feet of the-South 1499.79 feet of said NW i/4 and less the West 75 feet of the North 1145.41 feet of said ~ 1/4 less the North 25 feet; ail less.the existing right ofway of Fort Pierce Fanms Drainage District, and ail less the existing right of way for Johnston (Lateral ".8") Road. Also LESS ~ EXCEPT~G the East 50 feet of the E ½ of the ~ 1/4 of Section 10, Township 34 South, Range 39 East, St. Lucie County, Florida. Excepting .therefrom rights of way for public roads, drainage canals and ditches as shown on Plat Book 2, Page 7, of the Public Records of St. Lucie County, Florida. PARCEL~_: The SW 1/4 of Section 10, Township 34 South, Range 39 East, less and except fights of way of drainage, c:anals and public roads as per Plat of Fort Pierce Farms on file in Plat Book 2, Page 7, of the Public Records of St. Lucie'County, Florida. PA~-. CEL./.I~: The NW 1/'4 of Section 15, Townskip 34 South, Range 39 East, less canals and roads and excepting a one,acre square in the Southeast Comer (said one.acre exception being at the intersection of Indrio Road and F.P.F.D.D, Canal #7 and said one acre exception being described in Deed recorded'in Official Re. cords Book 220, Page 544, of the Public Records of St. Lucie County, Florida). EXHIBIT "B" Lin Indrio, Inc./PHOENICIAN COUNTRY CLUB APPLICATION FOR CHANGE IN FUTURE LAND USE CLASSIFICATION 1. Yes. See generally Chapter 1, Future Land Use Element, June, 200 I, pages 31 through 37 .of the St. Lucie County Comprehensive Plan Update. Also see Map of 2000 Future Land Use General Amendments. The main condition affecting the future land use designation that has changed SinCe the adoption of the comprehensive plan has been growth, in addition, the development patterns in the county in the past ten years , especially in the South County ,indicate a trend towards mixed use planned unit develOpments providing various lot sizes, including recreational facilities such as golf. Courses, tennis courses 'and ,open space. Further, the market conditions inthe past. ten years, on average, sustained an upward trend in SUcrCessful planned unit,d(~velopments providing mixed use, gOlf course and .recreatiOnal amenities. Althouqh utilities are not of this land, they can be brought to the site and there e~ists public service capacity for that purpose. The applicant has simultaneously, with this application, to change future land use classification, filed a petition to encompass the land within the urban service district and an application, to change the zoning of the land to planned unit. development. . . The nearest public-owned Water and sewer services are located to'the east of the proposed project in the vicinity of Indrio Road and King's Highway. The water and sewer service 'is part of the Holiday Pines utility system owned and Operated by St. ~Lucie County. Proposed 12" diameter potable water piping a.nd 12" ~diameter sanitary sewer piping systems to serve the proposed project are shown in the St. Lucie County Master Plan as part of the utilities expansion be~een now and the year 2020. See generally St. Lucie County Comprehensive Plan Update Potable Water ~ub-Eiement, june 200~, Chapter 6(d), page 6D-7. · · Question number 4 as to industrial land use is not applicable to the application. . ,, The general drainage pattern of the surrounding area consists, of cifi'us groves with drainage ditches used for irrigation purposes and ultimate discharge to Ft. Pierce Farms Drainage District canals. Storm water management for the proposed project wOuld be'discharged to the Ft. Pierce Farms Drainage District canals paralleling, the east and west boundaries of the project, The: storm water management design would provide that the pre and post drainage areas from the proposed project would be the 'same and the volume and quantity of runoff would be atten'uated and controlled based on design criteria by the South Florida Water Management District. . '7. . 11-. According .to the St. Lucie County Utilities Department, a typical household With 2~5 people produces 2,000 lbs. of solid waste per year. This equates to a ~ety 5.~5 lbs. per day per household. Multiplying this by 681 lOts or ho s results in ~the project production an average daily volume of solid waste equal to 3,745 tbs. There will be little or no demand for recreational facilities created by this development in accordance with the land use change. The proposed planned Unit development provides for recreational facilities in the forms of a golf course (which will be open to the public), a ~lubhouse with recreational facilities, tennis courts and a swimming pool. The proposed plan unit development offers extensive open space in the form of a golf course ponds and lakes throughout the development. ' No. However, the applicant has .simultaneously filed with this application a petition to include the proposed development within the-Urban Service Area Boundary, and the applicant is aware that the approval of that petition is a conditiOn to the consideration of the applicant's application for change in future~ land use classification, and the ~applicant's application for change in zoning to planned unit development. ' A. Yes. RE B. Yes C" Proposed development will not detrimentally impact the established character of the area. A, B. C. Residential use is presently existing in the area, although the area is for t.he most part agriculturally zoned. The proposed use will not impact on agricultural 'uses in that the agricultural use in the area has .for the: most part been citrus. The citrUs in the area, including the land ~n question, has played out. The existing land has had planted on it for many years, an orange 9rove. The orange 9rove is not' economically viable and is in decline. Adjacent agricultural uses are 'ih similar condition. The land is not well suited to 'the production of citi'us in that the soil, the typography and the overall economic conditions will not support the past agricultural uses of the land. .. The soils survey of St. Lucie County Area (hereinafter' referred to as "SCS") maps the majority of the site as Winder sand, depressional. /he soil associations Hilolo loamy sand, Chobee loamy sand, ~ineda sand, Riveria fine sand and Wabasso sand are shown to be intermingled within the eastern approximately one-quarter of the property. Each of the mapping units is described as being poorly drained, nearly level sandy soil containing appreciable amount of silt and clay size .particles. D. E. F. Except for Wabasso sand, these soil associations are. usually found in depressionai areas, Iow hamm°cks, sloughs and/or drainage ways. The Wabasso Sand, which encompasses a small area along the we:stern boundary within the northern one-third of the property, is generally found in flatwoods. The SCS reports that, under natural conditions, areas of Winder sand, depressional re ponded for 6 to 9 months in most years. Within drainage districts, or other areas with surface water controls, these are:as are usually not ponded. However, if the water system is not maintained., the soil can become ponded again. The ponded soiis.are suitable for the proposed use due to the project design and required permitting which will mandate surface water management, attenuation, and control. An engineered and permitted 'drainage sYstem will resultin the existing soils being suitable for the proposod uso. The specific iand'characteristic of the proposed development is that it encompasses 450 contiguous acros along two major corridors in thre north end of St. Lucie County. The. proposed mixed use residential golf course community is well-suited for the specific characteristics of the land arnd its access to major corridors and 'Federal Highway ~95. The closest planned unit development of similar size and characteristic to the proposed development is that of Panther-Woods Country Club. Panther WOods Country Club lies to the south of the proposed development and is also located on Johnston Road. In addition., south of subject property them is a proposed amendment 00-041 to change the land use designation from MX'D-Airport to' RE. See 2000 future land use general amendments map. Adjacent agricultural uses to the land under application as for the most part have pia¥od out and is not of much significance. The proposed, planned unit development will have a significant b6rm and fence around the planned unit development. ' ' FAX 3403718 ST LUCIE WEST DEV cORP ~ o.o 2/002 her 20, 2001 -Mr. Dennis Murphy Community Development Director St. Lucic Coun~ 2300 Virginia .4Vefiue Ft. Pierce, FL 34982-5652-.,. Re: CPV CANA, Ltd. ("APPlicant") Dear Dennis: ~ TELECOPIER TO 462-1735 Late today, we became aware that tonight' the above referenced applicant may be seeking approval of (i) change in zoning from the iH (Industrial, Heavy) and U (Utilities) Zoning Districts to the U (Utilities)Zoning District' and (i0 a Conditional Use'Pcr~it to allow the conslruc6on and operation of a 250 megawatt, electrical generating plant to be located on the Wet side of Range Line Road, approximately 0:60 miles south Of Glades C'at-OffR0ad. As you know, Core Communities is the owner and developer of a planned mixed-uso project-called Westchester that will be- a 2,033:acrO 'project' southeast of the Ao-'liean" . wflh- a 'strone' cavironmenv.~. · ays and various pedestrian systems. Wo arc cunently uncomfortable that the Applicant's proposed use is consistent 'with our' commRnity vision' and we are unsure that tho"Applicant has adequately addressedr the health and safety issues that Could affect our residents and/or the local environment. As result, wee feet that we must object to 'the proposed ~Zomng changes and Conditional Use Permit. Lastly, we have been working closely with the. Re.~erve Homes'Ltd., LP. (the owner of the PGA Reserve located Norlheast of the A ' " ' ' · ~ pphcant s s~te) arid A. DUds & Sons, Inc. (thc owners of the orange/grapefruit groves' directly southeast fwm the' Applicant's site) on many regional issues concerning land use, :roadways and environmental conservation. We are of the opitfion that these property owners also sliar~ Our vieWl~ints'and!'will be.transmitting concerns and objections in the future. ' ' I would appreciate' you reading this'letter'into the Public Record should this t~rmally heard before the Planning and Zoning Commission or the Board of County Commissioners. 'Thank you for your cooperation. - '~7c, President cc: ' Thomas Babcock, A. Duda& sons; Iai::. JOhn Csapo, Reserve Homes Ltd., L.P. Pete Hegener, Core COmmunities . $'~; Lucre W~sr Wv. sTcm,.Sre~ ' , 1850 Fotmtainview Boulevard- Suite 201 · Pon St. Lucic · Fl~a 3~86 PSt:3590:! Phone: (561) 340~500 · Fax: (561) 34~3718 - ~.co~eommunifies.com ~ whol~ owned su~tdtary ofBan~tlanac Bancorp ~SE} B~) Eco-Luloe Cor'p. -381 ! Thursday, December 20, 2001 via fax to (561) 462-2132 Mr. Stiefan Matthcrs, Chairman and the St. Lucie Comity Planning and Zoning Commission 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 FILE NU~ER CU-01-007. Dear Mr. Matthers and The Planmng and Zoning Commission: Please accept this as a substitution for my appearance in opposition to the plmmed electric power generation station reference the above file number. Please make a verbatim record of this and any further proceeding in this matter. Please read this letter in opposit/on into the record. By way of reference I.am a property owner less than four miles from the planned site, at Treasure Coast Airpark. There are. numerous issues to be considered that will negatively impact the local commmfity sun~unding this site. Including possible flight restrictions that could ground all flight operations at the airpark. Additionally, if what I read in the newspapers is correct FPL has been selling power out of the state of Florida, which should indicate to this commission that there is no need for any additional power generation. Ftmher issues are pollution, location and esthetics. I am of the opinion that the interests of the local homeowners should take precedence over a foreign corporation. Do the homeowners in Saint Lucie west know that with the prevailing Winds in this are most of the pollution will be blown over their homes7 Has an impact study been done? I also question the common sense of'giving the citizens of this county less than 10 days notice to respond to your notice of hearing during the busy holiday season. I found out about the hearing from a neighbor on Tuesday December 18, 2001 in the evening. Again, please record my opposition, thank you ladies and gentlemen of the board for considering my statements in your future decision making. . Vincent G,, 15342 Sky King Drive Ft. Pierce, l~orida 01/13/02 23' 13 FAX §tu~r~ §. llri~tr 1~451 Pier C~b Pot/~t. Lucie, FL J~mo~ry 10, 2002 ~]Ol St. Lucie County Commissioners St. Luck County RE: Propoged Power Oeneratmg Haut on R~ge Line Road/Olade~ Cut-Off , Dear County Aitorn~ Daniel S. Mclntyrc As a conceraed resident of Treasure Coast Air Park Community, 1 am especially concerned with the proposed building cfa Power 0cncrating Plant so close to my home and a/rspace. I fed that this plant will jeopardize not only my lifestyle, but my right to fly when the FAA closes ainpace around power plants due to terrorist threats. I also feel that the change of zoning for this ,area will, have a detrimental effect not only on my property v~ue, but on tie whole commumty and jeopardize any fi~t~e home development here in TCAP. I am also concerned about the environmental impact a huge generating power plant will have on our agricultural area, and would like these concerns to be considered, Our Air Park was planned in this ~ area so as not to disturb others with the comings and goings of our lifesiyle, now we find/ha~ others are not as consi&rate regarding our welfare. I urge you to delay your decision until all of these issues can be properly addressed and the existing area homeowners are given an opportunity to'be fieard. We ask that you address our concerns and investig~c thc impact of this proposed generating power plant on all residents of the area before any further action is confidered by the County Commissioners. R~¢tf~ll¥~ -or- January 10, 2002 St. Lucie County Commissioners Sti Lucie County RE: Proposed Power Generating Plant on Range Line oad/Glades Cut-Off R . -~ Dear c~Unty Commi'sioners, As a concerned resident of Treas~e Coast Air Park Commtmity, I am. especially concerned with the propOsed b~lding of a Power Generating Plant so Close. to my home and airspace. I feel that this plant will jeopardize not only my lifestyle, but my right to fly when the FAA closes airspace around power plants flue:to terrorist threats. I also feel that the change of zoning for this area will have a dethmem~ 'effect not only on my Property value, but on the whOle community and jeopardize any future home development here in I am also concerned aborn the environmental impact a huge generating power plant will have: on our agricultural area, and'would like these concerns to be considered. Our Air Park was Planned in this rural area so as not' to disturb others with the comings and goings of'our lifestyle, noW we fred that others are not as considerate regarding our welfare. I urge you to delay your decision until all of these issues can be properly addressed and the existing area homeowners are. given an oppo~ty to be heard. We ask that you address our concerns and. investigate the impact of this proposed generating power plant on all. residents of ~e area before anY further action is cOnsidered by the County Commissioners. Respectfiflly, f i> /~ Federal Avia t ~ on Admini s tra t ion Southern Re~ton, ASO-'S20 P.O. ~ox 20636 A=lanta, GA ISSUED DATE: 10/9.3/01 PETER PODUR~IEL, SUITE 107 CPV ~~A, LTD. 35 BR~.~I~R~E~ ~{ILL OFFICE PARK BRAIN~REE' MA 02184 AERONAUTICAL STUDY No: 01-ASO-~933-OE ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has completed an aeronautical study under the provisions of 49 U.S.C., Section 44718 and, if applicable, Title 14 o~ the Code of Federal Re~/latiOns,. part 77, concerning: Description= NEW SMOKESTACK LOCATED AT THE CPV ~A PO~R G~E~TION FACILI~. Location~ PORT ST. LUCIE FL Latitude~ 27-17-08.51 N~ 83 Lo~gitude ~ 080-29-08 09 He:ights: ' 170 feet above ground level (A~L) 202 feet above mean sea level (~SL) This aeronauticaI study revealed that the structure do~s not exceed obstruction ~tandards 'and would not be a hazard to air.navigation provided the following condition (~), if any, is (are) met: ~ased on this eval,,~'~ ......... ~ 1' ~~-u,~, ,,tarKln~ an~ zghttng are not necessary for' aviation safety' ~owever, if marking and/or lighting are accomplished °n a~ volunta~ baszs, 'we recommend zt be installed and maintained in accordance with F~ Advisory Circular 70/7460-1K Change 1. This dete~ination expires on 04/23/03 unless: (a) extended, revised or terminated by the issuing offi?e or (b) the construction is subject to the ltcenSin~ the Federal Co · · . g authority of : - mmunzcat~ons Commission (FCC) and a~ a plication wit~°r a donstruction6 months of pe~it~he datehas been filed, as r~~re~ bY the FCC, dete~ination e~ires on the date'prescribed by the FCC for com~eti?n of const~ction the date the' FCC denies the appl~cat zon. or on NOTE.:": 'REQ~ST FOR' EXTENSION OF .THE EFFECTI~ PERIOD OF THIS DETE~INATION Ta ' , % . , ' . has de~e~ination is b~eed, in parc on t Willc~anges .includeSvoidinSPecificthiscoordinatee' COOr~--/~--' ~,,~~e, heights_, -nezgnte, frs'_ .~ency-' ' zre- he'foregoing(~esUency) or(iCe)use a~dde~crtp~'i'°npower. ~yWhich om greater, power _.. dete~inatio~. ~y zu~ure construction or alteration, ±nclud~n~ i ' ncrease.in h~l~hts, power, or the addition of other transmitters, r~gu~res separate not,ce to the FAA. This .~ .n does include temporary construction equipment .such as e.tc., which. ,may be used during actual construction .of t ~owever, this equipmen,t shall not exueed the overall he above. EquiPment which has a height greater than the res separate notice t° the FAA. This d~.t-erm~natlon concer ~ ., efficient use. of. ~av ' ns t.~he effec_.t_ o_.f_ this. struceure oa the safe and , ., ,. . ~abl~ axrspace b azr sponsoz of co ~ p{h-~· ~. y _ c.raf= and does nou re ~ ~ ;~Ii~ nee res OhS , l isys the 1iris? re.latin9 to an law ordinance ~ etlon of any Federal, State, or local 9overnmentYbody~ , or A copy of this determination willsubjectbe forwardedto to the ,Federal Commls~.~ion if the structure is their -., ~li~ens~ng'aut~or~ty. Communications If we can be of further assistance, please contact our office at 404-S05-55'8~. On any ~future correspondence concerning this matter, please ~r to Aer~aut/cal Study Number 01-ASO OE. · mscomb ..... Specialist, Airspace Branch (DNE) A CITY FOR ALL AGES December 19, 2001 Mr. stefan Matthes, Chairman Planning & Zoning Commission 2300 Virginia Avenue F-od: Pierce, Florida 34982 Letter sent via fax to ~,62-1581 Com~petitive Power Ventures CPV Cana Generating Facility St. Lucie County Florida Dear Mr. Matthes. The City of Port St. Lucie is host to Competitive Power Ventures (CPV) power project presently under construcUon in the LTC Ranch Industrial Park located in Port St. Lucie. As a result of our experience with CPV, we welcome the proposed CP¥ Cana project, as'a neighbor. I am wriUng to share my favorable impression of CPV and the excellent relationship that the City of Port St. Lucie has experienced dudng the development and approval process of their project. CPV, and in particular Peter'Podurgiel, Vice President of Development, have proven to be Ver~ credible, have been responsive to our requests and have honored their commitments to the City of Port St. Lucie in a timely manner. CPV has proven experience in }:he development of electrical generating ~aciliUes, and as a result of ils performance has gained considerable respect in the development communiht. ! was; especially impressed by the development team assembled by CPV and the personal attention given to all aspects of their project. Not only are we pleased with the economic benefit these projects bring to our community and to St. Lu¢ie County, but perhaps of equal importance is the environmental stewardship of CPV. These fadlities utilize the most 121 S.W. Port St. Lucie Boulevard * Port St. Lucie, FL 34984-5099 o 561/871-5225 · ,:-~"' Mr. Stefan Matthes, Chairman Planning & Zoning Commission Page Two December 19, 2001 modern technology available which result in emissions that are among the cleanest in the state and count~, and are superior to standards set by national and state governmental agencies. The City of Port St. Lucie supports the CPV Cana project and believes it will be a welcome addition to our community. If you have any questions, please contact me at your convenience. Sincerely, oo ^ o CIT~' MANAGER DBC:mv CC: Carson McCurdy, Vice Chairman, Planning & Zoning Commission Ed Lounds, Planning & Zoning Commissioner Charles Grande, Planning & Zoning Commissioner Ed Merritt, Planning & Zoning Commissioner Russell Akins, Planning & Zoning Commissioner Ramon Trais, Planning & Zoning Commissioner Fred Jones, Planning & Zoning Commissioner Bill Hern, Planning & Zoning Commissioner