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HomeMy WebLinkAboutDecember 16, 1998 PLANNING AND ZONING COMMISSION/LOCAL PLANNi"~G AGENCY DECEMBER 16, 1'998- REGULAR MEETING MINUTES B'OA~ MEMBERS P~SENT- Ed Me~tt, Stefan Matthes, Ed Lo~ds, =Diana Wesloski, Ramon Tfias, Charles Grande, Noreen Dreyer (a~ved m 7'19 - excused) BOARD MEMBERS ABSENT: Albe~ Moore, Carson McCurdy (both excused) OTHERS P~SENT: Hemher Young, Assistant Coun~ Attorney; Ray Wazny, Co~~ity Development Director; David Kelly, Pla~ing Manager; ~d Jo~ ~ley, .Pla~ing Tec~ci~ p ~ LEDGE OF ALLEGI~CE- The Pledge of Allegi~ce was led by Chai~an Weslos~ ANNOUNCEMENTS: Chairman Wesloski welcomed Mr. Trias, Mr. Grande and Ms. Dreyer to the Board. Mr. Kelly stated that.the petition of Adron and Pamela Chambers, Agenda Item #4, for a Change in Zoning from the RS-3 (Residential, Single-Family- 3. du/acre) Zoning District to the CN (Commercial, Neighborhood) Zoning District has been withdrawn ~rom tonight's agenda and will come back to the Board at a later date. Mr, Kelly stated that: he did not want anyone in the audience waiting for the ~petition to be heard to have to wait. The Planning and Zoning Commission/Local Planning Agency then recognized Ms. Donna Calabrese, for her eight years of service on the Planning and Zoning Commission/Local Planning Agency Board for St, Lucie County. Chairman Wesloski stated that for eight years, the third Thursday of each month, Donna gave of her own free will, time attending the meetings, time reading the material/information provided by staff (which sometimes can be lengthy), and time visiting t.he various sites, all for her community. Chairman Wesloski stated that fi'om the Board she would like to say.thank you ~'or that fime~ becaUse time is a commodity that we can't get-back. Mr. Kelly stated .that from the staff'he would also like to thank Donna very much for her time and service. He stated that staff needs volunteers from the community to make recommendations, staff can't do it alone andshouldn't do it alone. He stated that staff appreciates not only the members as they leave, but new members as they come and those who continue to sit. Ms. Calabrese stated that she appreciated the help of her fellow board members. She stated that this Board has one of the most important jobs in the County with impacts on the quality of life, envkonmental concerns, economic impacts, nei~°rs°f, new developments'~ ~d~the rights of the private pr0perty owners. .Ms. Calabrese stated that staff is very dedicated and :their ability to help this board make decisions is very important and she urges the Board.to lean on .staff for support. Ms. Ca!abrese stated that she enjoyed the time she served. APPROVAL OF PLANNING AND .ZONING COMMISSION ~GULAR MEETING OF NOVEMBER 19, 1998 i w t~, ,-.,'~es'"s~: asked if there__ were any additions_ or corrections to the minutes.. Chairman MINUTES - seconded by Mr. Lounds. Upon roll call, the motion waS approved 6-0. PUBI.,IC HEARING LAND DE~LOPMENT CODE ISSUES EXTRACTED FROM DRAFT ORDINANCE 99-001 Mr. Kelly stated that on OctOber 15, 1998, this Board continued this item to December 17, 1998. He stated that at the November 19, '199'8 meeting, this Board moved the meeting of December 17th to December 1'6th, which placed this schedule in jeopardy because it had been continued to a date certain of December 17, 1998. Mr. Kelly stated that if~there.were ~members of the community who were planning on December 17~ and it was heard ~on December 16th, that would not have been fair. Mr. Kelly stated that with all of the confusion, staff believes it is appropriate to re-advertise and would like to bring this item back to this Board in'January. - PUBLIC HEARING ERNEST BODINE FILE N O' ~-99-001 Chairman Wesloski explained the Planning and Zoning Commission ~heafing procedures. staff comments. Mr. Hank Flores presented Mr. Flores stated, that he was.presenting the petition of Emest-BOdine for from .(Residential, Multiplc'Family ' 5 alu/acre) Zoning theResidentialRM-5, _ 1 alu/acre) Zoning DiStrict for 9.70 acres°f land located on side o£Tilton Road, appr°ximately 1,600 feet west of Silver Oak Drive. Mr. Flores stated that the surrounding zoning~_5~to the~t~o id ialSubject property 5 du/acrO is Residential'-1 du/acre) to the north.and east. located to the south, east, and west. Mr. Flores stated that the petitioner has requested this change in single- family home with horses and other livestock as accessory uses. is in an area of non-conforming horse ranches and across Tilton Road the north are two conforming horse' farms. the Mr. Flores stated that staff has .reviewed this petition .and determined and is not in standards of review 'as set forth in-the"St. Lucie COunty Land conflict with the St. Lucie County Comprehensive Plan. Staff is, therefore','· that yOual. forward-this petitiont° the 'Board of County CommiSsioners Chairman WeSloski 'asked if there were any .questions for ~. Flores. ' aware ora possible MSBU. cipal Services Mr, Matthes asked Mr. Flores if the petitioner is Benefits Unit)'for roadway and utility improvements in .this ~area in the , Mr. Flores stated that he is not sure if the.petitioner is aware. Mr, Matthes stated that the stafflreport indicates Tilton Road has stated that the maps he has in his office show 8'0 foot and asked Mr. had been done .recently. 20 foot dedication Mr. Flores stated:that he would double check this. Mr. Matthes stated that Leonard Road is part of Tilton Road has for an alternate U.S. l corridor. He stated that the ultimate need asked Mr. Flores 'if the petitioner has been spoken to about poss~ 130 feet. that the County 'is 130 feet and ,f a.portion of that Mr. Flores sta~ed.that staffhas not gone into that depth of detail. Chaimlan Wesloski.asked if there were any other questions for Mr. Flores. Chairman Wesloski asked Mr. Bodine if he would like to address the Board. Mr. Ernest Bodine, 2501 SE Leithgow Street, Port St. Lucie, addressed the Board. Chairman Wesloski asked Mr. Bodine if he had any comments about the petition or would he like to address the questions. Mr. Bodine stated that he has.always wanted a little piece of land, and a little farm. His grandfather was a farmer and had 50 acres of land. Before his grandfather died, he remarried, and the farm that was supposed to go to h.s family was left to his grandfather's wife and ultimately when she died it went to her side-of the family. He stated that-his family never received even a lit " .could neverhave anything like what his grandfather ha~t but ~'~ ~--~;'- '/ - ~. !le ~p~ece.ofit. He · , ~ ~many rouncl l~s .little piece and he just wants to work it, put' sOme .animals on it and a house, and that:s his heart's desire. Chairman Wesloski 'asked .if there were any questions for Mr. Bodine. Mr. Matthes asked Mr. Bodine if he is aware this area could possibly be a MSBU (Municipal Services Benefits Unit) District. Mr. Bodi:ne stated yes. Mr. Matthes asked Mr. Bodine if he is aware that approximately 130 feet of fight-of-way will be required on the front of his property. · footage.Mr' Bodine stated that he is.aware that it would be substantial, but he is not certain of the exact Mr. Lounds asked Mr. Flores to confirm that the surrounding properties can accommodate five dwellings per acre. Mr. ~toresstated that is correct. .. . Mr. Lounds asked Mr. Bodine if this will impede the ideas he has in mind for his property. heMr'hasB°dineno desireStatedtothatdevelopthe currentfive dwellings.Z°ning of his property is five dwellings per acre. He.stated that Mr. Lounds asked Mr. Bodine if'he has a problem with the surrounding properties having five dwellings to acre. Mr, Bodine stated no. He stated that there are other farms Mr, Men'itt stated that because of'thewetlands inthe area this. will of the 'five units per acre. is there flxr vacant or Mr. Matthes asked Mr. Bodine if the property is curren--~ existing single-family dwelling unit on it. Mr. Bodine stated that the property is currently vacant and wooded with no ~ellings on the property. Chairman Wesloski asked if there were any further questions. At .this time, Chai~an Wesloski Opened the public heating, Chairman Wesloski asked if there..was anyone .that would like to speak, in r °f this petition. Chairman Wesloskiasked if there was anyone that would like to speak in .opp°~ifi°n,°f'this petition. - Hearing no further arguments in favor of or. in opposition to the petition, Chairman Wesloski closed the public portion of the hearing. · 'Chairman WeSloski asked if there were any further qUestions of the petitioner-. . Chairman Wesloski stated that the record should reflect Ms, Dreyer anSved at 7.: 19 p.m. Chairman Wesloski asked' if there were..any'hrther questions of staff. . Chairman Wesloski asked What Wouldbe 'the pleasure ofthe Bo~d, · After considering the testimony presented during the public hearing, ode, the standards of review as set forthin. Section 11.06.03, St.. County Mr. Merdtt moved'that the Planning e Board of County Commissioners 1 in Zoning from the RMv5 (Residential, M~tiple-FamilY - 5 du/aCre) (Agricultural, Residential.- 1 du/acre) Zoning DiStrict since there are surrounding property owners, and there ,is existing ~-1 zoning believes it is appropriate to grant the change in zoning. ~onu~:-u-~s seconaea,~.~ the motion, and upon roll call ~the motion, was approved 7,0. Mr. Chairman Wesloski stated that the petition would be forwarded to the Board of County Commissioners with .a recommendation of.approval. OTHER BUSINESS-: Mr. Matthes asked Mr. Kelly if staff has established cut-off dates for the Planning and Zoning Commission/Local Planning Agency. Mr. Kelly stated yes. Mr. Matthes recommended that staff circulate this for public' knowledge. Mr. Kelly stated that staff also has a.list for Board of Adjustment and will circulate both lists for public lmowledge. Chairman Wesloslfi asked staff if the Board will receive an annual report. Mr. Kelly stated yes. Chairm~m Wesloski asked for a motion to adjourn. Mr. Me~ritt motioned.to adjourned and was seconded by Mr. Matthes. There being no further business, the meeting adjourned 7:24 p.m. St. Lucie County Planning and Zoning Commission/Local Planning Agency Regular Meeting St. Lucie County Administration Building- Room 101 December 16, 1998 7:00 P.M. AGENDA CALL TO ORDER: A. Pledge of Allegiance B. Roll Call C. Announcements D. Disclosures AGENDA ITEM 1; MINUTES OF THE NOVEMBER 19, 1998, MEETING Action Recommended- Approval. Exhibit # 1' Minutes of November 19, 1998, Meeting. AGENDA ITEM2: LAND DEVEI~OPMENT CODE DRAFT ORDINANCE 99-001 ISSUES EXTRACTED FROM Staff comments by Dennis Murphy. AGENDA ITEM 3' FILE NO. RZ-99-001, ERNEST BODINF, Petition of Ernest Bodine, for a Change in Zoning from the RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning District to the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District. Staff comments by Hank Flores. Action ReCommended· Forward Recommendation to County Commission Exhibit #2' Staff Report and Site Location Maps AGENDA ITEM 4: FILE NO. RZ-99-002, ADRON AND PAMEI~A CHAMBER~. Petition of Adron and Pamela Chambers, for a Change in Zoning from the RS-3 (Residential, Single-Family - 3 du/acre) Zoning District to the CN (Commercial, Neighborhood) Zoning District. Staff comments by Hank Flores. Action Recommended: Forward Recommendation to County Commission Exhibit #3' Staff Report and Site Location Maps OTHER BUSINESS- Ao Other business at Commission Members' discretion. Next regular Planning and Zoning Commission meeting will be held on Thursday, January 21, 1999, in Room 101 of the St. Lucie County Administration Building. Planning and Zoning Commission Agenda December 16, 1998 Page 2, ADJOURN NOTICE' All proceedings before the Planning and Zoning Commission/Local Planning Agency of St. Lucie County, Florida, are electronically recorded. If a person decides to appeal any decision made by the Planning and Zoning Commission/Local Planning Agency with respect to any matter C ' ~ ons~dered at such meeting or hearing, he will need a record of the proceedings, and that, for such purposes, he may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Upon the request of any party to the iproceedings, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross examine any individual testifying during a hearing upon request. Any questions about this agenda may be referred to the St. Lucie County Planning Division at 561/462-1586. LAST 'TRANSACTION REPORT FOR HP FAX-700 SERIES VERS ! ON: 01.03 FAX NAHE: FAX NUt,~3ER: DATE; 10-DEC-98 TIME: t 3: 47 1 B-DEC 13: ,~3 S 94659904 0: 03: 26 2 OK B6114010E~A2 ~ECE ~ VED ) ~X SENT ) 'TO PRINT THIS F~PORT AUTOH,..,T~,.,~,..-.--,.- .... ~,=~,~.,,,-,----,.-~-,~-~,-ATIC REPORTS IN THE SETTINGS MENU. TO PRINT MANUALLY, 'PRESS 'THE REPORT/SPACE 'BUTTON, THEN PRESS ENTER. FAX NAIVE: FAX NUMBER: t O-DEC 1:3: 48 S LAST TRANSACT ZON REPORT FOR HP FAX-700 SERZES 561 398 2353 VERS IOki: 0 ~. 03 0:01:00 2 OK DATE: 10-DEC-98 TIME: 13:4.9 663840100 ! 6C I VED ) ENT ) TO PR INT TH IS REPORT AUTOMATI C,..,,.~.-,--., .... ,~'~-,..-'-- -,..,~,-~,-.-,,--,-~,--.,,,-,~ REPORTS IN THE SETTINGS MENU. TO PRINT MANUALLY, PRESS THE REPORT/SPACE BUTTON, THEN 'PRESS ENTER. ,LAST TRANSACTION REPORT FOR HP FAX-,700 SERIES VERS ~ON: 01.03 FAX NAME ~ FAX NUMBER: DATE = t 4-DEC-98 T I,ME: 12: 08 A-DEC 12: 07 S 561 4662702 ~,~l :25 2 OK 563140100170 TO PRINT THIS REPORT AUTOMATICALLY, ~.:.~,., ..... ,,,,,,.:.,~-,--~,.~,.~...~_,~ .... ,--.,,,=,-~,---,-'FS IN THE SETTINGS MENU. TO 'PRINT MANUALLY, PRESS THE REPORT/SPACE BLrrTON, THEN PRESS ENTffR. HP OfficeJet Personal PrinteffFax/Copier/S~ ~mnner Last..E~ Fax History Report for St. Lucie County Florida 4621581 Dec 15 1998 1 l:09am _Dat~ lil~m T~ Identification Dec 15 ll:09am Sent Result: OK -~ black and white fax OK color ~ color fax 0:45 2 OK HP Office Jet Personal PrinteffFax/CopieffScanner ~Last F~ Fax History Report for St. Lucie county. Florida 4621.581 Dec 15 1998 11 13am D_~ Tin~ ~ !dentifimtion Dec !5 11-1 lam Sent Result: OK - black and white fax OK ,color- color fax 93379774 Duration P_ag 2:20 2 OK PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY ST. LUCIE COUNTY~ FLORIDA NOVEMBER 19, 1998 -. REGULAR MEETING 'MINUTES BOARD MEMBERS PRESENT: Ed Merritt, Stefan Matthes, Ed Lounds, Tom Whitley, Diana Wesloski, Albert Moore, Carson McCurdy OTHERS PRESENT: James Lancaster, Assistant County Attorney; Ray Wazny, Community Development Director; Dennis Murphy, Land Development Coordinator; and JoAnn Riley, Planning Technician PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Chairman Wesloski ANNOUNCEMENTS: Chairman Wesloski stated that Ms. Norene Dreyer was appointed to the Planning and Zoning Commission/Local Planning Agency by Commissioner Coward and will be present at the December 16th meeting. Mr. Ramon Trias, was appointed to the Planning and Zoning Commission/Local Planning Agency by Commissioner Barnes and will also be present at the December 16th meeting. ELECTION OF VICE-CHAIRMAN: Chairman Wesloski stated that she would take nominations for Vice-Chairman. Mr. Matthes nominated Mr. Merritt for Vice-Chairman. Mr. MenStt stated that he will have to decline the nomination. He sometimes has to recuse himself due to the nature of his business. Mr. MenStt nominated Mr. McCurdy for Vice-Chairman, with Mr. Lounds seconding the motion. Mr. McC, urdy accepted the nomination of Vice-Chairman until January, 1999. With no other nominations, the floor was closed to nominations, and upon roll call, Mr. McCurdy was elected Vice-Chairman by a unanimous vote. APPROVAL OF PLANNING AND ZONING COMMISSION MEETING MINUTES - REGULAR MEETING OF OCTOBER 15~ 1998 Chairman Wesloski asked if there were any additions or corrections to the minutes. There being no further additions or corrections to the minutes of the October 15, 1998 meeting, Chairman Wesloski asked for a motion. Mr. Lounds made a motion for approval, and it Was seconded by Mr. Whitley. Upon roll call, the motion was approved 5-0, with Mr. Matthes and Mr. Merritt abstaining. PUBLIC HEARING BOARD OF COUNTY COMMISSIONERS FILE NO. RZ-98-016 Mr. Dennis Murphy presented staff comments. Mr. Murphy stated that he was presenting the petition of the Board of County Commissioners for a Change in Zoning from the I (Institutional) Zoning District to the U (Utilities) Zoning District for a portion of the lands asSociated with the County's Emergency Operations center. Mr. Murphy stated that the purpose of this rezoning was to facilitate the expanded operations of the County:'s emergency communications network. Mr. Murphy that for the record, he was submitting his commems and the distributed staff report. Mr. Murphy Concluded his remarks by saying that staff recommends approval of the request of the Board of County Commissioners for a Change in Zoning. Chairm~m Wesloski asked if there were any questions for Mr. Murphy. Mr. Merritt asked Mr. Murphy if additional radio towers were to be included with this communications network. Mr. Mmphy stated that there presently one tower on the site fight now. This change in zoning is to allow improvements to the communications array associated with the County's emergency operations center. In the event that future enhancements are required, either through additional towers, antenna arrays or satellite dishes, those could be added as necessary. Mr. Men:itt asked Mr. Murphy if the radio towers and additional communications devices are permitted in the requested zoning designation. Mr. Murphy stated yes. Chairman Wesloski asked if there were any other questions for Mr. Murphy. At this time, Chairman Wesloski opened the public hearing. Chairman Wesloski asked if there was anyone that would like to speak in favor of this petition. There were no members of the public present at this Public Hearing. Chairman Wesloski asked if there was anyone that would like to speak in opposition of this petition. There were no members of the public present at this Public Hearing. Hearing no further arguments in favor of or in opposition to the petition, Chairman Wesloski closed 'the public portion of the hearing. Chairman Wesloski asked what would be the pleasure of the ~Board. After considering the testimony presented during the public heating, including staff comments, and the standards of review as set forth in Section 11.06.03, St. Lucie County Land Development Code, Mr. Whitley moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Board of County Commissioners for a Change in Zoning from the I (Institutional) Zoning District to the U (Utilities) Zoning District for the property located at the St. Lucie County Emergency Operations Center. Mr. Moore seconded the motion, and upon roll call the motion was approved 7-0. Chairman Wesloski stated that the petition would be forwarded to the Board of County Commissioners with a recommendation of approval. OTHER BUSINESS: Mr. Merritt stated that he has two items that he would like to bring before the Board. The first item being the dilapidated docks on Indian River Drive. Mr. Merritt asked staff if the County has an Ordinance or can Code Enforcement site the property owners to clean-up these dilapidated docks? Mr. Wazny stated that the County has condemnation authority with the exception of those waterways that fall. within the jurisdiction of the Army Corps of Engineers. He stated that several years ago staff contacted the Army Corps of Engineers and was told they do not have the staff to pursue docks unless they obstruct or block the channel right-of-way. He stated that he will contact the Army Corps of Engineers and report back to the Board. Mr. Merritt stated that the second item he would like staff to address are the as-built surveys required by a homeowner. For example, a homeowner adds a small addition to their home,'they are required to have an as-built survey.. One year later the homeowner wants to do another minor addition, they are required to have another as-built survey done. Mr. Merritt asked staff if this a State regulation? He stated that he checked with other municipalities and they' do not require the second as-built survey providing the survey on file has been within the last year or two. Mr. Wazny stated that staff requires a survey when the foot print of a building is being altered. He stated that there are some exceptions. He stated that the dilemma we have is, if staff allows a footprint: change in the County without requiring a survey and the homeowner tries to sell the home, and a title search reflects construction was done in an easement area or too close to the property line, the property cannot close until this is cleared-up. This requires a variance before the Board of Adjustment. He stated that the survey requirement on a foot print change is to protect both the homeowner and the future homeowner to. ensure that construction lies within in the permitted area of the parcel. Mr. Merritt stated that a gentleman built a house on Indian River Drive, later he added a garage directly behind the house and was required to obtain an as-built survey. A year later he added an addition between the house and the garage, he was required to have another as-built survey. He stated that these surveys are very costly and he feels some discretion should be used. Mr. Wazny stated that if a permit is submitted with this scenario that he or the Code Compliance Manager will look at the permit and make a determination. Mr. Men'itt stated then there is discretion. Mr. Wazny stated yes. Chairman Wesloski stated that she has a scheduling conflict for the December 17th meeting. Mr. Merritt asked Mr. Murphy what is on the agenda. Mr. Murphy stated two rezoning petitions and those sections of Ordinance 99-001 that were extracted and continued until the December meeting. He stated that the petitions have not been advertised. If the consensus of this Board is to move the meeting, this could be done without too much trouble. Due to the notice requirements, the rezoning petitions would have to be moved to another night that week. Mr. Murphy stated that those sections of Ordinance 99-001 were continued from the October 15th meeting to a date certain of December 17th If we have a quorum problem, staff can contact the primary interest groups, he Would defer this particular item to Mr. Lancaster. Mr. Lancaster stated that it would be preferable to hold those sections of Ordinance 99-001 on December 17th, legally we can change the date with a new advertisement. He stated that if the Board does not have a quorum, the alternative is to not have a meeting at all. Chairm~m Wesloski asked Mr. Lancaster if a motion is required from the Board to change the regularly scheduled meeting of December 17th to December 16th. Mr. Lancaster stated yes. Mr. Merritt asked Mr. Murphy if the December meeting could be postponed until January. Mr. Murphy stated that the two rez0ning petitions should be heard in December. Mr. Lancaster stated that this Board could hold the meeting on December 16th for the two rezoning petitions and open and continue the hearing on the Ordinance until January. Chairman Wesloski asked Mr. Lancaster if this would be the best legal approach. Mr. Lancaster stated the Board will open the hearing and state a reason for the continuation. It is certainly within the authority of this Board to continue their meetings. He would suggest that staff contact the interested parties and adVise them of the date change. Mr. Murphy stated that if this Board decides to juggle the schedule, staff will advise the interested parties. Chairman. Wesloski stated that the options are: 1) At the December 16th meeting, hear the two rezone petitions and postpone the County Ordinance until January; 2) Hear the two rezone petitions and the County Ordinance on December 16th; 3) If there is a quorum, have the meeting on December 17th. Chairman Wesloski asked what would be the pleasure of the Board. Mr. Matthes asked Chairman Wesloski to poll the Board members. Mr. McCurdy stated that he would support heating the two petitions on December 16~h and have staff contact the Homeowners Association. Mr. Moore stated that since there are a number of people interested in the Ordinance, it would be better to postpone the Ordinance to January. Chairman Wesloski asked for a motion. Mr. Moore made a motion that the Planning and Zoning Commission hear the two rezone petitions on December 16th and continue the County Ordinance until January 2 l~t. Mr. McCurdy seconded the motion, and upon roll call the motion was approved 7-0. Chairman Wesloski asked if there was any other business. Chairm~m Wesloski stated that she would like to say goodbye to Mr. Whitley and Mr. Lounds. She stated that it was great having them both serve and hopefully we will see Mr. Lounds again. Mr. Lounds stated that if not, he enjoyed the short term. Mr. Wh/tley stated that he enjoyed serving. There being no further business, the meeting adjourned 7:32 p.m. File Number ~-99-001 12/.16/98 MEMO RAND UM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: FROM[: DATE:: Planning and Zoning CommisSiOn Planning Manager ~\~/ December 9, 1998 SUBJECT: LOCATION: Application of Ernest Bodine, 'fora Change in Zoning from RM-5 (Residential, Multiple-Family- 5 du~ac) Zoning to ARq (AgriCultural, Residential '1 dWac) Zoning. South side of Tilton Road, approximately 1.600 feet west of Silver Oak Drive. EXISTING ZONING: PROPOSED ZONING- FUTU~ LAND USE: p I ARCEL 'SIZE: RM-5 (Residential, MultiPle-Family- 5 du/ac) AR-1 (Agricultural, Residential- 1 du/ac) RM (Residential, Medium) 9.70 acres PROPOSED USE: Single Family Dwelling with horses and other livestock AR-1 (AgricUltural, Residential - 1 du/ac) is located to the north and east. RM-5 (Residential, Multiple-Family- 5 du/ac) is located to the south, east, and west. The general existing use surrounding the property is agricultural and residentiali Several conforming and non- confo~ing horse farms are in 'the area. FI~/EMS PROTECTION: UTILITY SERVICE: The Future Land Use Classification of the immediate surrounding area is ~ (Residential, Medium). Station #3 (250 West Prima Vista Boulevard), is located approximately 3 miles to the west. The subject property will be served by an on-site well and septic system. Page 2 Petition: Ernest Bodine File: No: RZ-99-001 RIGHT-OF-WAY ADEQUACY: SCHEDULED iMPROVEMENTS: TYPE OF CONCURRENCY DOCUMENT REQUI~D: The existing fight-of-way'for Tilton Road is 100 feet. None. Concurrency Deferral Affidavit. ST~DARDS OF ~ViEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE. COUNTY LAND DEVELOPMENT CODE ' In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall co:nsider and make th6 following determinations: St. Lucie 'Land is in conflict with any applicable portions of the pment Code; The proposed zoning district is consistent with the St. Lucie County Land Development Code. The AR-1 ZOning District is compatible with the RM Furore Land Use and allows horses and Other livestock as an accessory use to a single- family dwelling unit. Whether the proposed amendment is consistent with all elements of the St. L , ~ uc~e County Comprehensive Plan; The proposed change in zoning is consistent with all elements of the St. Lucie Comprehensive Plan. The ~ Land Use is compatible with the AR-1 District. - e Whether and the extent to which the proposed zOning is inconsistent with the existing and proposed land uses; e The proposed zoning is consistent with existing and proposed land uses inthe area. The general use of the immediate surrounding area 'of the subject property is vacant and residential. Across TiltOn Road to the north are two conforming horse farms located within the ~-1 Zoning District. There are several non-conforming horse farms and ranches in the .area along Silver Oak drive, ' Whether there have been chang~d conditions that require an amendment; Conditions have not changed so as to require an amendment. December 17, 19.98 page 3 Petition: Ernest File No: RZ'99. 6, ,7. Whether and the extent to which the propOsed amendment would and whether or to the extent to which the would exceed the capacity of such public facilities lmited to transportation water supply, drainage, 'sch°°lsi solid waste, mas~ in The intended ~USe for this-rezoning is not expected to create significant additional demands on any pubtic~ 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 adveme impacts on the natural enviroment. The applicant will be :required to comply with all federal, state, and local environmental regUlations when building the single-family residence and home barn. Whether-and the extent to which the proposed amendment would result in an logical development pattern s · pec~fically ~dentffymg any negative ~An orderly and logical development pattern will occur with this change in zoning, The surrounding-parcels of property are designated for residential and some agricultural uses. The.rezoning the ~-1 Zoning District will allow for a decrease in residential to 1 du/ac. Whether the Id be in conflictwith the public interest, y '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 ~d intent 'of the St. Lucie County Land Development Code. COMMENTS horse fan.ns. Staffhas reviewed this petition and determined that 'it conforms with the standards of review CommiSsioners with a recommendation of approval. December 17, 1998 Page 4, Petition: Ernest Bodine File No: ~-99-001 Please contact this office if you have any questions on this matter. Attachment hf cc: Ernest Bodine File uggested motion to reco~end.approval/denial of this. requested change in zoning. ~TER CONS~ERING THE TESTIMONY P~SENTED DURING THE PUBLIC HEARING, INCLL~~G STAFF CO~ENTS, .AND THE STAND~S OF REVIEW AS SET FORTH IN SECTION 11.06,03, ST. LUCIE COUNTY L~ DEVELOPMENT CODE, I HEREBY MOVE T~T'THE PLANN~G ~ ZONING COMMISSION ~COMMEND THAT~T~ ST. LUCIE COUNTY BO~ OF CO~TY CO~ISSIO~RS GRANT APPROVAL TO THE APPLICATION OF ERNEST BODINE FOR A CHANGE IN ZONING FROM THE RM-5 (RESIDENTS, ~TIPLE-FAMILY- 5 DU/AC~) ZO~G DIST~CT ~O THE ~-1 ( GRIC~T , RESIDENTIAL - 1 DU/AC~) ZONING DISTRICT. BECAUSE ..... [CITE ~ASON ~Y- PLEASE BE SPECIFIC]. MOTION TO. DENY.'_ AFTER CONSID G T~ TEST1MO~ PRESENTED .D~G TH~ P~.LIC HEARING, INCL~)ING STAFF COMMENTS, ~ THE STAND~S 'OF RE~W AS SET FORTH IN SECTION CO~y'LAND DEVELOPMENT CODE, I HERE'BY MOVE 11.06.03,.ST. THAT ~THE PLANNING ~ ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE C , a .OUNT ir BOARD. OF CO~Y COMMISSIO~RS DENY THE APPLICATION OF ERNEST BODINE FOR A.CH~GE IN ZON~G FROM THE RM-5 (~SIDENTIAL, ~TIPLE- F 'r AMIL'~ - 5 D.U/AC~) ZONING DISTRICT TO THE AR-1 (AGRIC~TURAL, ~SIDENTI~ - 1 DU/AC~)ZO~G DISTI~JCT. ' ,~1 ....**,o BECAU~,E [CITE REASON WHY- PLEASE BE SPECIFIC]. 0 I ~ N $ 9~ l M.NflOO 33EiOFIO3:::t)tO Zo. ning Ernest Bodine ' R:M-5, I i i, I I ! ! I I i ,PUD i I I I I I i RM-5 Rood 5 4 AR-1. i ! I ! ! 1 I I I i I U RZ Community Development Geographic Information Map revised November 19, 1998 -~.y ~m~.p~m Deerl ma~ to ~ ~ ~~~ ~e * Land Use I I l I Ernest Bod i.n e RU I I I I I I I ! ! ! I I I I I Tilton Road I I ! I I I- I ! I I i ! I I I I I I :1 I ! I I i I ¢¢ I I I -"1 I ! I I I I ! RU RZ 99'-001 Community Development Geographic Informati, Map revised November t9, eveq, oct ha~ been ~ to ~ tt~ rnost / ,4 GENDA - PL,4 ~NNING & ZONING COMMISSION WEDNESDAY,, DECEMBER 16, 1998 7:O0 P.M. Ernest Bodine, has:petitioned St. Lucie County for .a Change in Zoning from the RM-5 (Residential, ~Multiple.Family_ 5 du/acre) Zoning Diatrict to the AR-1 (Agricultural, Residential- 1 dU/acre): Zoning DiatriCtfor the following describedproperty:. (Location: · South side of Tilton Road, approximately 1,600feet'.west. of Silver Oak Drive) Please note that all proceedings before the Local Planning Agency are electronically recorded. If a person deCides to appeal any decision made by the Local Planning Agency with respect ..to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for sUch purposes, he may need to ensure that a verbatim record of the proceedings, is made, whtch record includes the testimony and evidence upon which the appeal is to be based. Upon the request of anyparty to the proceeding, individuals testifying during a hearing will be sworn in. Any party to theproceeding will be granted all to cross-examine any individualtestifying~during a .hearing upon request. Written comments 'received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners December 4, 1998. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general:circulation in St. Lucie County, on December 4, 199& File No. RZ-99-O01 'J~"; ":' ' ']~';','"' !' 'ZONING t'~.,:; .;. CO~;~;MIsSiON' tl :,. PUBL1CHEA"~iNG AGENDA l!J";' ", P'J~'EMBER'i6~'199:8 ,. given in il.00.03 I~ 'Land 'Devel- ' 16, Lof . No. 1 and Easy BO. DINE, for a RM-5 - 5 Zoning l Distrid to the' -1 property: Gardens,' Section 23, Township 36 South, Range 40 East, Block 3, Lot 6, less ~he South l0 feet and :less. ' ,c way (~:62 kC) {Map )~ ,8t'. .1505 ':' thru. 1 x Ii side of~ T'ilfbn 1,600 "feet I! LIC HEARINGS will 'be held ~m. 10i, St. Lucie County ~'ist~atioi~ Building, 2300 Vir- 'A~enUe,i 'Fod Pie~'ce, Florida ~mb~. i 6, 1998, beginning - '.or ~s soon th;realtOr ".'puRsuANT. TO Secfion 105,' Florida 'Sfatufes, il: a d~ides to aPpeal any deci-' .board, agency, or , respect to any maffer~, considered at ~ meeting 0~ ne~ a record of and that, for such ~p, urposes, .~e may need to ensure that ~a verbatim record ot~ the pro- ceedings is made, which record includes the testimony and evi- dence upon which the appeal is lo be. base~l. . PLANNING/(ND ZONING coMMIsSION ST. LUClE cOUNTY FLORIDA /S/DIANA WESL~)'SKI, CHAIRMAN Pub.: Dec. 4, 1998 : · J (Residential, Single-FamilY - 3 i J du/acre)' Zoning' District to the i J ~N . (Commercial, t~ etghborhOod}Zonlng District t~ for the 'following described l~ properly: ' ~ ",. ' /ii Indian River Estates. Unit 0,.3 ', / BJ~k r16, Lot 1 [MaP 3411'0S) /J (0,41 ac] [OR 11~6-i199) flax ti.I'D- #3402'604-0055-000~. ~ H{LILOcatlon: S°uth~st comer of ~ ~S. Highway No.. 1'and Easy /! :E~reet] ' , :.. , . i°, Change in Zoning from 'lhe fIRM.5 ...... . [Residential ~1 Multiple-Family.- 5 du/ac~,ej~ Z'oning Districl to lhe AR.-1 i (Agricultural, Residential- 1 ! d~/acre] ZOning Disfi'tct for the I f°llowing described property: _St. LUcle Gardens, Section 23, Township: 36 South,' Range 40 East, Block' 3, Lot 6, le,~s the S0Ut~l 10 .feet and less road rlght-of,w, ay [9,62-ac] [Map 3~1/235) (OR 981,1505 thru 1.508} (Tax :I.D. · .3414,501.0706.000/7]' LocaflcJn: .South 'side of Ttffon ~oad, apprOXimately 1,600 eet West of Sliver Oak' Drlve} PUBLiC HEARINGS will be.held in Room 101, St. Lucte County !. Administration Building, '2300.' ,Virginia Avenue, Fort "Pierce; FlOrida on December 16, 1'998, beginning at 7:00 P.M. or as soon thereafter as possible. , '...- PURSUANT TO Section 2,86.0105; Florida 'Statutes,, if a .person decides to appeal i No. 5301 any~ decision made by. a board, agency, or ST, LUClE COUNIY;P~NING c°mmission with respect to AND ZONING COMMISSION any matter considered at a PUBLIC HEARING'AGENDA meeting or hearing,' he will DECEMBER 16; 1998 . . '. ,~ '. need '. a . record, Of. the ProCeedings, TO WHOM ff MAy CONCERNi such' pUrpoSes, he '~ay need. to ensure.' that.".a. 'verbatim NOTICE ts hereby given In recOrd 'of' the' ~r~ceedlngs Is JacCordance with SeCtion . made, which: record .InclUdes. 1.00.03 of the' St. Lucie the te~timon¥ and.' evidence J.Counfy Land Development upon which the appeal 'is to Ii.code and the provisions ol~. be.based. il the St...Lucle COUnty IC°mprehenslVe Plan, the il~ollowing applicants have PLANNING AND ZoNiNG l'requesfed lh~3t the St. LUcte COMMISSION C°unt¥ Planning and Zoning ST. LUCIE COUN~ FLORIDA l'Commisston. !~onstder the ' foil' f¢ lowing requests. . /S/DIANA , .. WESLOSKI, z CHAIRMAN RON AND ' 'PAMEI~ ' ' J CHAMBERS, ~er a Cha~ge' in Zoning from . lhe RS-3 PUBLISH: December 4,.1998. , .. PLANNING AND zoNING COMMISSION ~VIEW: 12/16/98 File Number RZ-99-002 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPmeNT TO: FROM: DATE: Planning and Zoning Commission Planning Manager DeCember 10, 1998 SUBJECT: Application of Adron and Pamela Chambers, for a Change in RS-3 (Residential, Single Family- 3 dU/aC)'Zoning to ~N Neighborhood) Zoningl LOCATION: Southeast comer of U.S. Highway No. 1 and Parcel immediately east of the existing convenience store/ station. ~ The applicant has-requested that the referenced rezoning petition be tabled i order to the petitioner ai~d staff to resolve several issues concerning the ~ubject property. T~is petition wi be brought back at .a later date.