HomeMy WebLinkAboutJuly 16, 1998St. LuCie County Planning and Zoning Commission/Local Planning Agency
Regular Meeting
St. Lucie County Administration Building- Room 101
July 16, 1998
7:00 P.M.
AGENDA
CALL TO ORDER:
A. Pledge of Allegiance
B. Roll Call
C. Announcements
AGENDA ITEM 1; MINUTES OF THE JUNE 18, 1998, MEETINC
Action RecOmmended· Approval.
Exhibit #1- Minutes of June 18, 1998, Meeting.
AGENDA ITEM 21
Petition of J & J Baker Enterprises, Inc., for a Change in Zoning from the IH (Industrial, Heavy)
Zoning iDistrict to the U (Utilities) Zoning District. Staff comments by Mike Picano.
Action Recommended. Forward Recommendation to County Commission
Exhibit #2' Staff Report and Site Location Maps
AGENDA ITEM 3: FILE NO. PA-98-001, PARADISE PAI~MS
Petition of Paradise Palms, for a Change in the Future Land Use Classification by deleting the
designated Preferred Residential (PFR) as established under Policy 1.1.8.4(7) of the St. Lucie
County Comprehensive Plan. Staff comments by Mike Picano.
Action Recommended: Forward Recommendation to County Commission
Exhibit #3' Staff Report and Site Location Maps
AGENDA ITEM 4- FILE NO. RZ-98-008, PARADISE PAI~MS
_
Petition of Paradise Palms, for a Change in Zoning from the AG-1 (Agricultural - 1 du/acre) Zoning
District to the I (Institutional) Zoning District. Staff comments by Mike Picano.
Action Recommended. Forward Recommendation to County Commission
Exhibit #4: Staff Report and Site Location Maps
Planning and Zoning Commission Agenda
July 16, 1998
Page 2
AGENDA ITEM 5:
Petition of Aero Communication Systems, Inc. for a Conditional Use Permit to allow a 125 foot
monopole Communications Tower in the CG (Commercial, General) Zoning District. Staff
comments by Mike Picano.
Action Recommended. Forward Recommendation to County Commission
Exhibit #5' Staff Report and Site Location Maps
AGENDA ITEM 6_: FILE NO. ORD-98-016, DRAFT ORDINANCE 98-016
Consider Draft Ordinance 98-016, for General Amendments to the St. Lucie County Land
Development Code. Staff comments by Dennis Murphy.
d!
4!
Action Recommended: Forward Recommendation to County Commission
Exhibit #6' Staff Report and Draft Ordinance
OTHER BUSINESS;
A.
ADJOURN
Other business at Commission Members' discretion.
Next regular Planning and Zoning Commission meeting will be held on Thursday,
August 20, 1998, in Room 101 of the St. Lucie County Administration Building.
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
considered at such meeting or heating, 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.
Any questions about this agenda may be referred to the St. Lucie County Planning Division
at 561/462-1586.
PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY
ST. LUCiE COUNTY, FLORIDA
JUNE 18, 1998 - REGULAR MEETING
MINUTES
BOARD MEMBERS PRESENT: Stefan Matthes, Tom Whitley, Donna Calabrese, Diana
Wesloski, Albert Moore, Doug Coward
BOARD MEMBERS ABSENT' Ed Lounds, Carson McCurdy, Ed Merritt (all excused)
OTHERS PRESENT: James Lancaster, Assistant County Attorney; Ray Wazny, Community
Development Director; Dennis Murphy, Land Development Coordinator; David Kelly, Planning
Manager; Hank Flores, Planner III; Mike Picano, Planner I; and JoAnn Riley, Administrative
Secretary
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Chairman Calabrese
APPROVAL OF PLANNING AND ZONING COMMISSION MEETING MINUTES -
REGULAR MEETING OF MAY 21, 1998
Chairman Calabrese asked if there were any additions or corrections to the minutes.
Chairman Calabrese stated that on page 2, third paragraph from the bottom, change the first line to
read "C]hairman Calabrese stated that she believes that the board should develop a form to address
the issues so".
Chairman Calabrese stated that on page 27, seventh paragraph from the bottom, change the word
opinion to "options".
Chairm~m Calabrese asked if there were any other corrections.
Chairman Calabrese asked for a motion. Ms. Wesloski made a motion to accept the minutes with
the noted changes, and it was seconded by Mr. Coward.
Upon roll call, the motion was approved 6-0.
PUBLIC HEARING
APOSTLE FAITH CHURCH OF
DELIVERANCE, INC.
FILE NO. RZ-98-010
Chairman Calabrese explained the Planning and Zoning Commission heating procedures.
Mr. Picano stated that he was presenting the application of Apostle Faith Church of Deliverance, Inc.
for a change in zoning from the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District to the
I (InstitUtional) Zoning District.
Mr. Picano stated that the subject property is located on the southeast comer of the intersection of
Avenue "O" and North 44tn Street. He stated that the surrounding zoning is RS-4 (Residential,
Single-Family - 4 du/acre) to north, south, east, and west. I (Institutional) to the south. IL
(Industrial, Light) to the south.
Mr. Picano stated that the Institutional zoning district is compatible with the RU (Residential, Urban)
future land use district subject to Board of County Commission approval.
Mr. Picano stated that staff finds that this petition meets the standards of review as set for in Section
11.06.00 of the Land Development Code and is not in conflict with the Comprehensive Plan. Staff
is therefore recommending that you forward this petition to the Board of County Commissioners
with a recommendation of approval.
Chairmm~ Calabrese asked if there were any questions for staff.
Ms. Wesloski asked staff why the applicant is only rezoning the North ½ of Lot 5.
Mr. Flores stated that the legal description for the property reads Lot 4 and the North ½ of Lot 5.
Chairman Calabrese asked if there were any further questions for staff.
Mr. Coward asked staff to elaborate on their recommendation that staff'would prefer a rezoning to
RF (Religious Facilities) as opposed to Institutional. Mr. Coward stated that throughout some of the
preamble and the questions, for example item #5 talks about demands on public facilities, staff stated
that "other permitted uses within the Institutional Zoning District could impact the area", could staff
clarify some of the Institutional uses they are concerned about.
Mr. Kelly stated that this was his recommendation, that this Board has in many instances asked staff
if they considered RF (Religious Facilities) when an Institutional rezoning came in for a church and
he wanted the Board to know_that staff had looked at RF in this case. Mr. Kelly stated that in
looking at tlhe permitted uses in Institutional, there is police and fire protection and a number of other
things. The two acres in the middle of the neighborhood used for these other uses cOuld have an
impact. He stated that the church, and the stated use of a church really has been treated differently,
and RF has been separated out from Institutional for this very reason.
Mr. Kelly stated that if you look at the permitted uses in Institutional the list is fairly short, there are
not a lt>t of things that are likely to happen on that site, RF is a posSibility and if the Board chose
to go that way, you could certainly discuss this with the applicant. He stated that he does not believe
there is an overriding concern as much as letting the Board known that staff has reviewed such.
Mr. Coward asked Mr. Kelly if the applicant has responded to his recommendation.
Mr. Pic.ano stated that he spoke with Mr. Bennett and he has no objections to RF.
Chairman Calabrese asked if there were any further questions for staff.
Chairm~m Calabrese asked the applicant if he would like to address the board.
Mr. Leroy Bennett, Jr., 2101 Valencia Avenue, Fort Pierce, addressed the Board as the Agent for
Apostle Faith Church of Deliverance. Mr. Bennett stated that they were requesting the rezoning so
that all of the parcels owned by the church would have the same zoning and to expand the programs
offered by the church.
Mr. Bennett stated that to answer Mr. Coward's question, they discussed RF versus I, however,
without having to go back through a conditional use permit for a few items that are permitted in the
Institutional zoning, they prefer to have the property zoned Institutional.
Chairman Calabrese asked Mr. Bennett if they are looking to expand the capabilities of the church,
what type of permitted uses are they interested in.
Mr. Bennett stated that possibly housing for the elderly.
Chairman Calabrese stated senior assisted living.
Mr. Bennett stated yes, there is a dire need for that type of facility in our community.
Chairman Calabrese asked if there were any questions for the applicant.
Rev. Isaac Miller of the Apostle Faith Church of Deliverance, Pastor and founder, addressed the
Board. He stated that they are very pleased to stand before the Board tonight, they hope they will
be able to rezone their property'to further serve the community in taking Care of the elderly and
who are unable to help themselves, sick
Chairman Calabrese asked if there were any questions for Rev. Miller.
At this time, Chairman Calabrese opened the public hearing.
Chairman Calabrese asked if there was anyone that would like to sPeak in favor of this petition or
against it.
Mr. Jonathan Johnson, 4901 E1Nueva Avenue, Fort Pierce addressed the Board. Mr. Johnson asked
staff if this rezoning will change the zoning of his property.
Chairman Calabrese advised Mr. Johnson that this rezoning will not affect the zoning of his
propertly.
Chairman Calabrese asked if there was anyone else that would like to speak in favor of or in
opposition to this petition.
Hearing no further arguments in favor of or in opposition to the petition, Chairman Calabrese
closed the public portion of the hearing.
Chairm~m Calabrese asked Mr. Bennett and Rev. Miller if they would like to make any closing
remarks..
Chairman Calabrese asked what would be the pleasure of the board.
Mr. Coward asked Rev. Miller how long the church has been in existence.
Rev. Miller stated eight (8) years.
After considering the testimony presented during the public heating, including staff and public
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 Zonin~ Commission recommend that
the St. Lucie County Board of County Commissioners grant approva~ to the
Faith Church of Del~,~"~ · ~ z_ application of Apostle
· -,~,ance, ~nc. for a Change in Zoning from the RS-4 (Residential, Single-
Family- 4 du/acre) Zoning District to the I (Institutional) Zoning District.
Ms. Wesloski seconded the motion, and upon roll call the motion was approved 6-0.
Chairman Calabrese stated that the petition would be forwarded to the Board of County
Commissioners with a recommendation of approval.
PUBLIC HEARING
MARTIN NAFTAL
FILE NO. RZ-98-011
Mr. Matthes stated that he has a conflict of interest and would not participate in the hearing. His
employer, Culpepper and Terpening, has been hired as the engineering firm for this project.
Mr. Milke Picano presented staff comments.
Mr. Picano stated that he was presenting the application of Martin Naftal for a change in zoning from
the AR-. 1 (Agricultural, Residential - 1 du/acre) Zoning District to the CG (Commercial General)
Zoning District. ,
Mr. Picano stated that the subject property is located on the northeast comer of the intersection of
Selvitz Road and West Midway Road. He stated that the surrounding zoning is AR-1 (Agricultural,
Residential - 1 du/acre) to north, south, east, and west. I (Institutional) to the east and south. CN
(Commercial, NeighbOrhood) to the west.
Mr. Picano stated that the Commercial, General zoning district is compatible with the COM
(Commercial) future land use district.
Mr. Picano stated that staff finds that this petition meets the standards of review as set for in Section
11.06.00 of the Land Development Code and is not in conflict with the Comprehensive Plan. Staff
is therefi>re recommending that you forward this petition to the Board of County Commissioners
with a recommendation of approval.
Chairman Calabrese asked if there were any questions for staff.
Mr. Coward stated that in the application and in staff's response there is no indication of the impact
on the City of Port St. Lucie. He asked staff if feedback is obtained from the City of Port St. Lucie
when a project is adjacent to the City Limits, and in this particular case did staff contact the City of
Port St. Lucie and was a response received.
Mr. Picano stated that staff'has not contacted the City of Port St. Lucie nor has the City of Port St.
Lucie contacted staff. '
Mr. Coward stated that in staff's evaluation there is no reference to the residential area to the south
of this property. He asked staff if they considered this area in their decision making.
Mr. Picano stated that staff looked at this residential area, and also the area to the west and
determined that the Commercial future land use designation is consistent with the existing land uses
and proposed uses in the area.
Mr. Coward asked staff if there were any Commercial, General zoning in proximity to this property.
Mr. Picano stated no, the nearest parcel is located to the west, at the intersection of Glades Cut-Off
and Miidway Road.
Mr. Flores advised the Board that the City of Port St. Lucie was notified of this petition on June 5th.
Mr. Coward asked Mr. Flores if' a response had been received.
Mr. Flores stated no response has been received.
Chairman Calabrese asked if there were any further questions for staff.
Mr. Whitley asked staff what the buffering requirements would be for the adjacent parcel to the
north.
Mr. Picano stated that the buffeting requirements will be addressed if the applicant comes back for
site plan approval. He further stated that Commercial, General will necessitate a buffer.
Ms. Wesloski asked Mr. Picano why he stated if they come back.
Mr. Picano stated that the applicant must go through the change in zoning process and when they
are ready to build, they would go through the site plan approval process.
Mr. Flores stated that there is no guarantee they will come back with site development.
Ms. Wesloski asked staff if there was any reason PUD was not looked at.
Mr. Flores stated that this is a commercial piece of property on a major roadway.
Chairman Calabrese asked the applicant if he would like to address the board.
Mr. Martin Naftal, 4150 SW Sundown Lane, Palm City, owner of the property, addressed the Board
Mr. Naftal stated that a proposed site plan exists for the property. '
Mr. Peter Economys of Economy Enterprises, Inc., 7049 Okeechobee Road, Fort Pierce, purchaser
of the property, addressed the Board. He stated that he has with him tonight the site plan they will
be submitting.
Chairman Calabrese asked Mr. Economys if he would like to present the conceptual site plan.
Mr. Economys stated that the rezoning is conditioned upon the purchase of the property, they plan
to develop the property and he would be happy to show the board the site plan they will be
submitting next week.
Mr. Economys stated that to answer Mr. Whitley's question regarding the buffer, they have designed
a detention, area the full length of the back of the property, which will create a 30'- 40' buffer.
Chaimian Calabrese asked Mr. Economys if the site plan depicts a convenience store.
Mr. Economys stated yes, a convenience store, gas station with food service.
Chairman Calabrese asked if anyone had any questions for the applicant.
Mr. Coward asked staff if gas stations and convenience stores are allowed in Commercial,
Neighborhood (CN) as well as accessory and permitted uses. He further stated that he is concerned
about the compatibility of Commercial, General (CG) adjacent to residential areas, he believes that
the lower intensity commercial use of Commercial, Neighborhood (CN) would be more appropriate
and thai: would be his recommendation.
Mr. Flores stated that food stores are allowed as a permitted use in Commercial, Neighborhood (CN)
and gasoline services would be an accessory to the food store. He further stated that you could not
have gasoline services by itself in Commercial, Neighborhood (CN).
Mr. Coward asked staff if the Board could make a recommendation for a different zoning district or
would the Board be required to go back through the notification process and another public hearing.
Mr. Lancaster stated that if the Board recommends a use which is less intensive it does not require
a re-notification.
Chairman Calabrese stated that she would like to make sure Mr. Economys understands the less
intensive use of Commercial, Neighborhood. She further stated Mr. Economys has advised this
Board that he plans to build a convenience store with a gasoline station, if he were to change his
mind, this would restrict the uses on this property.
Mr. Economys stated that they have another location on Gatlin Boulevard, wherein they requested
Commercial, General, this is the first time he heard of Commercial, Neighborhood.
Ms. Wesloski asked Mr. Economys if his location on Gatlin Boulevard is in the City of Port St.
Lucie.
Mr. Economys stated yes.
Chairman Calabrese stated that some Board members like to look for less intensive zoning so that
in the future if the applicant were to sell the property, the new owners would have to fit into that
same zoning.
Mr. Economys stated that he can only speak for himself, the rezoning is contingent upon the
purchase of the property.
Mr. Kelly suggested that since there is one additional heating scheduled for this evening, perhaps
the Board could continue the current heating until the end of that heating. He stated this would give
staff the opportunity to show Mr. Naftal and Mr. Economys the Land Development Code, they
could see exactly what the implications of each of the zoning were, they would be better informed
in order to make their decision.
Mr. Whitley made a motion to cominue this public hearing for 15 minutes.
Mr. Coward seconded the motion, and upon roll call the motion was approved 5-0.
Note: The Virginia Gardens Hotel Corporation public hearing was held while Mr. Kelly
discussed the issues with Mr. Naftal and Mr. Economys in the lobby.
After the Virginia Gardens hearing Mr. Kelly, Mr. Naftal and Mr. Economys reentered the
meeting.
Chairm~m Calabrese asked the Board for a motion to re-open this hearing.
Ms. Wesloski made a motion to re-open this hearing.
Mr. Coward seconded the motion, and upon roll call the motion was approved 5-0
Mr. Kelly stated that he had the opportunity to speak with Mr. Economys and Mr. Nafial and they
both agreed that CN is an acceptable zoning and that the Board can move forward. He suggested
that the ]3oard get the concurrence of all parties for the record.
Mr. Kelly stated that he would like to officially submit as part of the record, the rezoning notice file
and the staff report.
Mr. Nafial stated that as the owner of the property, he agrees to the CN zoning district.
Mr. Economys stated that as the buyer of the property, they agree to the CN zoning district.
Chairman Calabrese asked if there were any questions for the applicant.
At this time, Chairman Calabrese opened the public hearing.
Chairman Calabrese asked if there was anyone that would like to speak in favor of this petition or
in opposition.
Ms. Rachel Futch, 4950 Selvitz Road, Fort Pierce addressed the Board. She stated that they built
a house adjacent to this parcel 25 years ago when it was a quiet neighborhood, she realizes a lot of
things have been built in this area including a subdivision just to the south of this parcel.
Ms. Futch stated that her daughter, Sherry Meehan had received a letter regarding this rezoning, she
is building a home just south of this parcel, she is opposed to this rezoning because they wanted to
build in a quiet neighborhood where their kids could go out and play, and the are concerned
will create more traffi Y this
c. Ms. Futch stated she has a letter from her daughter that she would like to
submit for the record.
Ms. Futch stated that she and her husband own the property directly to the north, the north ½ of Lot
90 on Selvitz Road. She stated that the traffic has increased tremendously with all of the
development in the area, at the present time the roads are really not compatible for a business to be
built on that comer, and during rash hour if anyone is turning in either direction you have to Wait
and wait. She stated that ifthis zoning is changed, that it be for a doctor's office, beauty parlor or
something that would not have traffic in and out all day and all night, and she requested disapproval
of this petition.
Chaim~an Calabrese asked if there were any questions for Ms. Futch.
Mr. Coward asked staff how long the property in question has had a future land use of Commercial.
Mr. Kelly stated that it has not been changed since the 1990 adoption of the plan, an exact date
cannot be given prior to that.
Mr. Coward asked staff to clarify if this zoning is approved, would the applicant be required to meet
concurrency and ensure there are adequate levels of service.
Mr. Kelly stated that as part of the site plan approval process staff will review the concurrency and
the issues of traffic on Midway Road.
Chaim~an Calabrese asked if there was anyone else that would like to address the Board.
Mr. Wayne Futch, 4910 Selvitz Road, Fort Pierce addressed the Board. He stated that he owns the
property just to the north, the south ½ of Lot 89. He stated that he would like to object to the
rezoning of the property located at the northeast comer of the intersection of Midway Road and
Selvitz Road.
Mr. Futch asked that the present request and any future requests for the rezoning of this property be
denied, at least until the widening of Midway Road has been completed. He stated if St. Lucie
County needs to purchase fight-of-way property due to the widening of Midway Road, it would be
cost effective to the taxpayers to purchase the fight-of-way property at the lower present zoning than
at the higher commercial zoning.
Mr. Futch stated that if the decision is made to approve the rezoning of this property, he would
request that restrictions be placed on the property as to what businesses would be allowed to be
constructed. He stated that another convenience store/gas station on Midway Road is definitely not
needed, from U.S. 1 west. to Glades Cut-Off Road there are six convenience store/gas stations. He
stated 'that the intersection at Midway Road and Selvitz Road is the only major intersection on
Midway Road that does not have a gas station or convenience store. He stated that if the rezoning
is approved, please do not allow another convenience store, and again requested that this rezoning
request be denied.
Chairman Calabrese asked if there were any questions for Mr. Futch.
~. Sherman Futch, 4950 Selvitz Road, Fort Pierce addressed the Board. He stated that he owns the
property directly to the north, he is opposed to a convenience Store/service station being placed in
this area because the residents in this area all have wells, and there is no city water.
Mr. Futch stated that recently the tanks raptured in the ground at the Glades Cut-Off station, the
tanks were pulled out, and this station had not been in operation but just a few years. He stated that
the Texaco station at 25th Street and Midway, had the tanks pulled out about six months ago because
they were leaking. He stated that they are very concerned about service stations, because if the tanks
happen to' erupt, and they will, they will contaminate all of the wells in the area. He stated that he
has lived in this area for 25 years, there have not been any problems, you could not ask for a better
neighborhood, everybody gets along, everybody helps everybody out.
Mr. Futch stated that if the Board decides this property has to be .Commercial, he would like to see
restrictions placed on the property, he definitely does not want a service station or a convenience
store. He stated that he has no objections to a doctor's office, a business office, or anything that
would be compatible with their neighborhood, he has cows and horses. He stated that at this time
Midway Road is not adequate, approach and turning lanes would need to be put in, the houses that
are being built across Midway will create more traffic, if the Board decides to make this parcel
commercial please keep in mind the surrounding residents are opposed to a service station and a
convenience store.
Mr. Coward stated that Mr. Futch has raised some legitimate concerns about adjacent wells and the
proximity to a future gas station. Mr. Coward asked staff to elaborate on how the approval process
would take place and would the State and DEP approval be required.
Mr. Kelly stated that this project will be required to go through the service station approval process,
technolo.gy and permitting have changed, and these stations can be put in safely.
Mr. Kelly stated that this Board is faced with a difficult decision, this property was designated as
Commercial by the County Commission as far back as 1990, possibly earlier. He stated that when
staff makes their decisions and recommendations they look at the underlying future land use, this
intersection was identified as Commercial, when the future land use designation is Commercial, staff
normally recommends CG, which is the intent of Commercial.
Mr. Kelly stated that CN can be done in lesser designations, he is glad to see the limitations and the
discussions of buffering on property like this, but for the information of the public, the Board has
restricted, this rezoning as far as possible, a rezoning to CN with a restriction that there be no gas
stations is not something this Board can do. He stated the options available would be to approve
CN, to ask the applicant if he is interested in CO, or recommend denial.
Chairman Calabrese asked if there was anyone else that would like to speak in opposition.
Hearing no further arguments in favor of or in opposition to the petition, Chairman Calabrese
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closed the public portion of the hearing.
Chairman Calabrese asked the applicant if he would like to address the issues that were raised.
Mr. Economys stated that he understands and expected the concerns raised, he has lived in Fort
Pierce fbr 31 years, he is in the convenience store retail business, he owns and operates two stores,
one on Okeechobee Road near 1-95 and the Turnpike, and one on Gatlin Boulevard. He stated that
they operate first class convenience stores, larger stores that are very clean and very customer
oriented.. He stated many operators do a lousy jobs operating their convenience stores, they are dirty
and open all night.
Mr. Economys stated that his stores are open from 5:00 a.m. to 11:00 p.m., they go above and
beyond :for all of their customers, he is at both of his stores everyday all year round. He stated that
his customers at the Gatlin Boulevard and the surrounding residents love the store, they appreciate
the service, they appreciate the store being there, they hoped this convenience store would be
something that would help the neighborhood.
Mr. Economys stated that to address the technology issue for leakage, they mn you through the mill,
they spend about $1.5 million building these stores and a very large portion of that is the technology
that must be' put into the tanks, the piping, the monitoring of the tank, they are very strict so these
things do not happen. He stated that the station at Glades Cut-Off and the Texaco at 25th Street are
old and the technology is old.
Mr. Economys stated that they do not construct standard convenience stores, they construct very nice
high quality facilities, with electric doors, tiled floors, very good service, well mannered employees,
always in uniform, he takes pride in his stores, when you walk in, you are looking at him. He stated
that he does not own 12 - 15 convenience stores, and having whoever in there for 24 hours a day.
Mr. Economys stated that he hopes the surrounding residents understand what they are trying to do,
to improve the neighborhood especially for the new development just across the street, there will not
be any shopping in this area for a long time unless Mr. Rhodes decides to finally build the Winn
Dixie that he has had approved for so many years. He stated that they hope to accent the
neighbod~ood, they have designed the store with a buffer to the north, and they voluntarily agree to
erect a fence.
Mr. Economys asked if there were any questions that he did not address.
Mr. Futch stated to Mr. Economys that he is sure he runs a nice store, but what happens 3 or 4 years
from now, there is no guarantee that he won't sell the property or someone else take it over that
won't mn the store the same way. '
Mr. Economys stated that is why he stressed he has lived in the area his entire life, he takes pride in
his businesses, that is all he can offer. He stated that this will be a Mobil Oil Station, they have very
high standards which would have to be followed, they mn a very clean operation, this is not an
unbranded station.
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Mr. Futch asked Mr. Economys how many pumps he will have.
Mr. Economys stated six.
Mr. Futch stated that you can mn out of gas on Midway Road and coast from one to the other.
Mr. Economys stated that unfortunately a lot of roads are like that, his station on Okeechobee Road
has five stations within a 1/4 mile that he has to compete with, Port St. Lucie Boulevard is the same
way, there is no explanation as to why, he knows he will be able to grab the business at this location.
He stated that they have done a traffic study, the preliminary results show they will not impact
Midway Road above the concurrency issue even with the 8,000 phantom trips Mr. Rhodes has with
the Winn Dixie, the study will be completed tomorrow.
Mr. Wayne Futch stated that over a period of time things can change, an example would be Auto
Busters on Selvitz Road, when they moved in they were to have beautiful flowers and trees, a fence,
you were not suppose to see any of their wrecked vehicles, go out there now, this can all change, we
knew eventually this was going to be changed to Commercial, as residents we are asking is that
something else be put there other than a convenience store and gas station and why not wait until the
widening of Midway Road is completed.
Mr. Economys stated that he would hope the residents would understand that they mn a more
upscale convenience store, he is the owner and he is always involved.
Mr. Coward stated that he wanted to compliment Mr. Naftal and Mr. Economys for recognizing the
concerns of the neighbors, they have a Commercial land use on the property, they could go to
Commercial, General which is even more intense and makes the future even more uncertain and he
would like to compliment them for making this compromise and they have his support.
Mr. Whitley stated that the Board is placed in a difficult situation, he personally emphasize with the
homeowners to the north that is why he asked about the buffer, unfortunately the future land use is
for Com~nercial, he appreciates Mr. Naftal and Mr. Economys going to a decreased zoning with
Commercial, Neighborhood which has many limited uses compared to the Commercial, General,
the property is going to be Commercial, if the Board can at least limit the uses to lessen the impact
of the adjacent properties he believes the Board has done their job, and he too is in support of
Commercial, Neighborhood.
Mr. Economys stated that he is purchasing three acres, he is not developing all three, going with
Commercial, Neighborhood, the other half of the property could not be developed as an intense use.
Ms. Futch asked Mr. Economys where will the station be placed on the property.
Mr. Economys stated the station will be on the comer.
Mr. Kelly stated that Mr. Economys previously stated that he was voluntarily putting in a fence that
was not required, a fence or buffer is required and staff will ensure that on the site plan it meets the
12
requirements of the code.
Mr. Economys stated that for the record he explained to the residents what he is proposing, the
placement of the buffer, he provided them with his phone number and advised them if a concrete
block wall would be more acceptable than wood or chain link he would be happy to do that, because
it is important to him that the neighborhood is in agreement because they are his customers.
Mr. Futch asked what happens during the widening of the Midway Road when part of that property
has to be purchased to straighten out the curve.
Mr Economys stated that this has already been figured in the site plan.
Mr. Futch asked if the big curve will still exist at Selvitz and Midway.
Mr. Economys stated that there is a dotted line on the site plan that shows the fight-of-way that will
be taken.
Mr. Kelly stated that the site plan has not been officially submitted therefore it is not in evidence
tonight, if Mr. Economys states that it is on the site plan, this will be clearly watched for as we
review the site plan and take care of the right-of-way issues.
Chairman Calabrese stated that this has been the most amicable disagreement we have had before
this Board in a long time, she would like to reiterate Commercial, Neighborhood is a less intensive
land use and if Mr. Economys is willing to work with the residents, this speaks well for the
relationship that he will have With his neighbors.
Chairmm~ Calabrese asked what would be the pleasure of the board.
After considering the testimony presented during the public hearing, including staff and public
comments, and the standards of review as set forth in Section 11.06.03, St. Lucie County Land
Development Code, Mr. Coward moved that the Planning and Zoning Commission recommend that
the St. Lucie County Board of County Commissioners grant approval to the application of Martin
Naftal for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District
to the CN (Commercial, NeighborhoOd) Zoning District.
Ms. Wesloski seconded the motion, and upon roll call the motion was approved 5-0.
Chairman. Calabrese stated that the petition would be forwarded to the Board of County
Commissioners with a recommendation of approval.
13
PUBLIC HEARING
VIRGINIA GARDENS HOTEL CORPORATION
FILE NO. CU-98-002
Mr. De,mis Murphy presented staff comments.
Mr. Murphy stated that he was preseming the application of Virginia Gardens Hotel Corporation for
a Conditional Use for a new hotel at the Reserve to be known as The Hampton Inn.
Mr. Murphy stated that each Board member should have a site plan of the property along with the
staff report. He stated that this application is for a 110 unit, 3 story hotel on a parcel of land located
in the Mainstreet Village Subdivision at the Reserve. He stated this property is located on the north
side of iReserve Boulevard at the interSection of Reserve Commerce Centre Drive and Reserve
Boulevard. He stated that although the subdivision parcel has not had its final plat approved, staff
has determined that it meets all construction requirements, this item will not be presented to the
County Commission until the plat for the Mainstreet Village Subdivision has been recorded.
Mr. Murphy stated that this 110 unit hotel on a 3.6 acre parcel is consistent with all development
standards and code requirements, it is consistent with all the provisions of the Development Order
for the Reserve DR/, there are no major outstanding issues associated with this project.
Mr. Murphy stated that staff recommends approval of this particular development plan. He stated
that a copy of Draft Resolution 98-099 would carry forward that recommendation to the Board of
Cotmty Commissioners. He stated that Resolution 98-099 includes the condition that "if any County
Protected Vegetation is removed from this site, in accordance with a valid and properly issued
Vegetation Removal Permit, the mitigation for the removal of any County Protected Vegetation shall
be through on-site plantings that would be in addition to any other required landscaping".
Chairmm~ Calabrese asked if there were any questions for Mr. Murphy.
Mr. Coward stated that he does not have a high level of comfort with the wording "the proposed
developrnent plan does not impact any known wetlands or any known gopher tortoise burrows". Mr.
Coward asked Mr. Murphy if surveys have been done.
Mr. Murphy stated that surveys have been done, there are two wetlands that have been permitted for
elimination on the Mainstreet Subdivision parcel itself, and there are no known wetlands on this site.
He stated with regards to the gopher tortoise, a survey has been done, no known sites were found.
Chairman Calabrese asked the applicant if he would like to address the Board.
Mr. Tom Knott, Engineer with Lindahl, Browning, Ferrari & Hellstrom, Inc., 2222 Colonial Road,
Suite 201, Fort Pierce, addressed the Board. He stated his firm prepared the site plan, design,
construction and permitting of the site improvements and he is available to answer any technical
questions.
14
Mr. Knott stated that Charles Leemon, President of Virginia Gardens Hotel Corporation and also the
owner amd operator of the Hampton Inn in Fort Pierce and Vero Beach is also present to answer any
questions regarding the construction or daily operations.
Chairman Calabrese asked if there were any questions for Mr. Knott.
Chairman Calabrese asked Mr. Leemon if he wanted to address the Board or if he wanted to reserve
the right in the event there are questions that come up.
Mr. Leemon stated that he wanted to reserve the right.
At this time, Chairman Calabrese opened the public hearing.
Chairman Calabrese asked if there was anyone that would like to speak in favor of this petition.
Chairman Calabrese asked if there was anyone that would like to speak in opposition to this petition.
Mr. Murphy stated that he would like to officiallY submit as part of the record, the site plan file, the
rezoning notice file and the staff report.
Hearing no further arguments in favor of or in opposition to the petition, Chairman Calabrese
closed the public portion of the hearing.
Chairman Calabrese asked Mr. Leemon if he wanted to add anything.
Mr. Leemon stated no.
Chairmm~ Calabrese asked what would be the pleasure of the board.
After considering the testimony presented during the public hearing, including staff comments, and
the standards of review as set forth in Sections 11.02.07 and 11.07.03, St. Lucie County Land
Development Code, Ms. Wesloski moved that the Planning and Zoning Commission recommend
that the St. Lucie County Board of' County Commissioners grant approval to the application of
Virginia Gardens HOtel CorpOration, Draft Resolution 98-099 granting a Conditional Use Permit
for a 110 unit hotel/motel in the CG (Commercial, General) Zoning District and a Major Site Plan
Approval for a hotel project to be known as The Hampton inn ~ The Reserve.
Mr. Whitley seconded the motion, and upon roll call the motion was approved 6-0.
Chairman Calabrese stated that Draft Resolution 98-099 will be forwarded to the Board of County
Commissioners with a recommendation of approval.
15
PUBLIC HEARING
AERO COMMUNICATION SYSTEMS, INC.
FILE NO. CU-98-006
Mr. Kelly stated that the County Commission has requested that the Planning and Zoning
Commission continue this public hearing until next month.
Mr. Kelly stated that the applicant objects to the continuation. He stated that the applicant was not
concerned about the timing of the Planning and Zoning meeting, but the timing of when he would
ultimately get to: the County Commission. Mr. Kelly stated that he spoke with the applicant late this
afternoon and this evening and the applicant would like to address the Board to offer a compromise
that will work for everyone.
Mr. Brace R. Abemethy, Jr., Esq., 9'00 Virginia Avenue, Fort Pierce, addressed the Board and stated
that he represents Aero Communication Systems. Mr. Abemethy stated that they have spoken all
afternoon and into this evening with staff to arrive at a common sense compromise to the dilemma
that this Board is placed in because of the action taken by the Board of County Commissioners a few
weeks ago wherein they requested that you consider continuing this matter, which has already been
continued one time to tonight's meeting.
Mr. Abemethy stated they believe they have a common sense compromise which accommodates the
concerns that have been expressed regarding this Board moving forward this evening, but before
presenting that compromise he would like to set the stage.
Mr. Abemethy stated that in the business world timing is often very critical, in this case, this petition
represents a part of a business transaction being undertaken by his client, timing in this case is
critical because of contractual commitments that have been made. He stated that while they most
certainly want a full and fair consideration of this petition, on the merits, and are willing to go
through whatever hearings are necessary, they do not believe the process, the system that this county
operates under should be used to unjustifiably or unreasonable delay a petition from proceeding
through tire process to a hearing.
Mr. Abemethy stated that they believe very strongly that this petition could and probably should be
heard this evening, that the petitioner has bent over backwards trying to satisfy the requirements that
have been placed upon them by the system and by the planning staff. He stated that they do not
believe that the Board of Adjustment must act on the variance before this Board considers the
petition, and he believes this was one of the issues raised by Mr. and Mrs. Heam.
Mr. Abemethy stated that he could go on and on, but he is not going to, because that is not what
really matters to his client, what really matters to his client is that we get this matter through the
system and heard by the County Commission by July 21 st and let them decide one way or the other
the merits ofthis petition. He stated that fighting a battle this evening with this Board, with Mr. and
Mrs. Heam, or with any other members of'the public who might be oppOsed to this continuance this
evening, really does not accomplish anything as long as his client can still accomplish his overriding
16
goal, that is to have a full hearing before this Board, the Board of Adjustment and the County
Commission on the time schedule that was originally presented to them.
Mr. Abemethy stated that they are requesting that this matter be continued until July 16t~ upon the
condition that this Board recommend to the planning staff and to the Board of County
Commissioners that the matter be advertised for heating by the Board of Countv
it st · . ., Commissioners
s July 21 meeting. He stated that this does not prejudice any party involVed at
in this proceeding
WhatsOever, the parties who are complaining now have known about this original schedule, they
have an opportunity.to attend all three of the public hearings:
Board of Adjustment on July 15th
Planning and Zoning on July 16th
Board of County Commission on July 21 ~t
Mr. Abemethy stated that they feel this is a reasonable compromise position, it accommodates Mr.
and Mrs. Heam who have written in their opposition to the continuance to this evening, and is also
accommodates his client in his timing needs. He stated that the importance of this compromise is
that the procedural issues which have been argued about will be taken care of, and the real issue, the
merits of the petition can be addressed, forget about the procedure, is the petition good for St. Lucie
County or bad. He stated that they believe that it is good for St. Lucie County, they are prepared to
argue that this evening, the whole team is here tonight, the RF Engineer from Nextel
COmmunications, Don Cuozzo from Houston Cuozzo Group and his client, Ernest Petrone. He
stated that everyone is here, everyone is ready to go, but we do not need to go, we can accommodate
everyone,, with this compromise and he would ask this Board to consider this compromise and
proceed with the advertising of the Board of County Commission meeting of July 21 ~t.
Mr. Abemethy stated that if this Board does not agree with the compromise, he would ask that he
be given more time to explain to the Board as to why they should go forward this evening, but he
believes he can short-circuit that if the Board agrees with the compromise.
Chairmm~ Calabrese asked Mr. Kelly if the Board continues this matter, could the advertising be
done so that Aero Communication could be heard by the Board of County Commissioners on July
21st.
Mr. Kelly' stated that staff has time to advertise. He stated that staff will end up with a situation in
which the Board of Adjustment hearing will take place on the 15th, the Planning and Zoning heating
on the 16th and the County Commission hearing on the 21 ~t. He stated that this will require staff to
prepare their reports quickly to reflect each of the previous actions, staff is committed to handling
the situation, and staff feels this is a reasonable compromise.
Chairman Calabrese asked the Board for comments.
Mr. Coward stated that he feel this is very reasonable.
Ms. Wesloski asked if a motion would need to be made to continue until July 16th with a
17
recommendation that the advertising be done for the Board of County Commission meeting for July
21st.
Mr. Kelly stated that the recommendation is not 100% critical, the message would be that this Board
is doing this with the understanding that it will be moved through the system.
Ms. Wesloski made a motion to continue until July 16th at 7:00 p.m. or as soon thereafter as possible
with a recommendation that the Planning and Zoning Commission strongly urges the Board of
County Commissioners to advertise the July 21 ~t Board of County Commissioners meeting.
Mr. Moore seconded the motion, he would like to add to the motion, that part of the compromise is
that the applicant goes before the Board of Adjustment before they come back to this Board,
although he understands the applicants position.
Mr. Kelly stated that this schedule forces this.
Chairman Calabrese asked Mr. Moore if he seconded the motion without the change.
Mr. Moore stated yes.
Upon roll1 call the motion was approved 6-0.
Ms. Wesloski stated that for the record she received in the mail a letter from Mr. Abemethy, a
package from the Mr. and Mrs. Heam, and a letter from Mr. and Mrs. Heam.
Chairman Calabrese stated that she received the same communications.
The general consensus of the Board was that everyone received all of the same communications.
Mr. Juan Torres, Esq., 423 Delaware Avenue, Fort Pierce, addressed the Board and stated that he
will be representing the Guettlers who reside next door to the proposed location of this tower. Mr.
Torres asked what time would the Board of Adjustment hearing on July 15th take place.
Mr. Flores stated 9'30 a.m. or as soon thereafter as possible.
18
PUBLIC HEARING
ORDINANCE 98-015
FILE NO. ORD-98-015
Mr. Dermis Murphy stated that this is a cominuance of a public heating that began last month which
proposed several amendments to the St. Lucie County Land DeVelopment Code.
Mr. Mt~rphy stated that each board member has before them a letter from Charles Grande, President
of the Presidents Council of Hutchinson Island requesting a 60 day continuance in this public
heating. Mr. Murphy stated this additional time will allow the Presidents Council representatives
and county staff to resolve pending issues and/or concerns before we bring this item back to the
public heating process.
Mr. Mmphy stated that staff does not object to the request for continuance and recommends that this
Board Continue the public hearing uniil August 20, 1998 at 7:00 p.m. or as soon thereafter as
possible.
Chairman Calabrese asked if there were any objections from the Board.
Ms. Wesloski stated that she would like to disclose that she received a letter at her home address
concerning this matter from Emily Grande and made such a part of the record.
Ms. Wesloski made a motion to continue this public hearing until August 20, 1998 at 7:00 p.m. or
as soon thereafter as possible.
Mr. Coward seconded the motion, and upon roll call the motion was approved 6-0.
Chairman Calabrese stated that the hearing for Draft Ordinance 98-015 has been continued until
August 20, 1998.
19
OTHER BUSINESS:
Mr. Kelly stated that he would like to alert the Board, due to term limits, Chairman Calabrese's~last
meeting: will be September 1998, and Mr. Merfitt's last meeting will be December 1998. He stated
that the Board needs to give some thought to leadership.
There being no further business, the meeting adjourned 8:20 p.m.
20
PLANNING ~ ZO~G CO~SSION ~VIEW: 07/16/98
Quasi'Judicial Public Heating
File Number RZ-98-012
MEMORANDUM
DEP~TMENT OF COMMUNITY DEVELOPMENT
TO':
Ptanning and Zoning Co~'ssion
FROM:
DATE:
July 9' 1'998
SUBJI~CT:
LOCATION:
,,~$7' ING ZONING:
PROPOSED ZONING:
Baker Enterprises for a Change ~ ZOning from the IH
Heavy) Zoning District to the U (Utihties) Zoning District.
4120 Selvitz Road
IH (Industrial, Heavy)
U (Utilities)
PARCEL SIZE:
(Industrial)
1.68 ~acres
PROPOSED USE:
To-allow the co~tmction.ofl~e stabilization service
to 'septic t.ank pumping comp.anies and small
wastewater treatment facihties. -
· SURROUNDING ~L~D USES:
FIRE/EMS. PROTECTION:
IH (Industrial, Heavy) to the north, south, east, and
west. --
IND (Ind~tfial) to the north, south, east, and west.
Station #6 (350 East midway Road) is located
approximately 3 miles to the east.
UTILITY SERVICE:
The subject property uses on-site 'well and septic.
T~SPORTATiON IMPACTS
[UGHT-OF-WAY
AI)EQUACY:
The fight-of-way width for Selvitz Road is 100 feet.'
July 9, 1998
Page 2
Petition: J&J Baker Enterprises
File No: RZ-98-012
SCHEDULED
IMPROVEMENTS:
TYPE OF CONCU~NCY
DOCUMENT ~QUI~D:
None .at t~-s,time,
Concurrency Deferral Affidavit
STUD--S OF ~VIEW AS,SET FORTH IN SECTION 11.06-03,
ST. LUCiE COUN~ L~D DEVELOPMENT CODE
h revi g this application for proposed ~rezoning, the planning ~d Zoning-Co~ission shall
e
Whether ....... the proposed-rezoning, is in conflict With any a~ ppl~cable' portions ~of the
St. Lucie County Land Development COde;
The propOsed,Change in zoning is consistent with all elements of the St. Lucie
Co~ty Comprehensive Plan and~,specifically has met the standards of ~Section
11:06,.03 ,of the Land, DeveI0Pment ,Code.
Wh'ether 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 L~d Development Code and Comprehensive Plan. ~The'IND~ (Indus~al)
e
Whether and the extent to ,which the proposed zoning is inconsistent with the
existing and proposed land uses;
The ~proposed zoning is consistent with the existing .land uses. Sanitary Services
including lime stabilization are permitted in the Utilities Zoning District.
Whether'there have b.een changed conditions that require an amendment;
Conditions have not changed So as to require an amendment.
July 9, 1998
Page 3
Petition: J&J Baker Enterprises
File No' RZ-98-012
Whether ~and the extent to which the prop°sed amendment would result in
demarndSon public facilities, and whether 'or to the extent to which the proposed
U · · ~ · ·
amendment would exceed the capacity of such p bhc facilities, ~nclud~ng but not
limited to transportation facilities, sewage facilities, water supply, parks,
drainage,' schoolS, solid waste, mass transit, and emergency medical facilities;
The imended use for this rezoning is not expected to create.~significant additional
demands on .any public facilities in tbs area, Any development will need to
demonstrate tha~ there are adequate public facilities'in the ~rea t° support such
Whether .and .the extent to which the proposed-amendment would result in
significant adverse impacts on the natural environment,;
The proposed rezo.~ng is not anticipated to create adverse impacts on the natural
enviroment. ~y development will need to comply with.local, state, and federal
e
ge
Whether and the .extent to which the proposed amendment would adversly
affect the properW.values in the area;
The PropOsed amendment is not expected to negatively affect property values 'of
surrOunding properties.
Whether~ and .the extent 'to which the proposed amendment would result in an
orderly and logical development pattern s ' ' ·
~ pec~fically ~dentffying any. negative
affects of such patterns; ~
An orderly and logical development pattern will occur with-this change in zoning.
The surro~ding properties are generally used for industrial uses which are
~compatible with the proposed change in zoning.
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 :L-and Development
Code.
July 9, 1998
Page 4
Petition: J&J Baker Enterprises
File No: RZ-98-012
COMMENTS
The petitioners,'J&J Baker Enterprises, have requested this change in zoning-~om the IH
(Industrial,. .~maw) Z°ning Dis~et~ to th~ U .~lities). Zoning DiS~ct for~. 1..68 ~aeres. of pr°Perty.
located ~at4120:se Road in order m allOw the construction of a lime :stabilization f~ility which
would, se~e both the septic t~ pumping Compares ~and small wasteWater ent facilities.
Staffhas rewewed.th:s petition.and dete~hed that it co~o ~nns with ~e-:smd~ds .of review
as set fi>~h in Seetion! I~06;03 ~of· the St.. 'Lueie CoUnty Land Development Code and.iS not in
conflict- Mth .the: goals, .obje es,:~dp.o'lieies °f~eSt. Lucie County Comp sivePian. Staff
t:hat y0U~ :fo tl~iS petit/on to .the BOard of COunty. C°~isSioners with a
Please comact this office if you have ~.~y. questions on this matter.
Attachments
mp
cc: David ' Peters
File
Suggested motion to .recommend approval/denial of this requested change in zoning.
'MOTION TO .APPROVE:
AFTER CONS~ERING T~ TESTIMONY PRESENTED DURING THE PUBLIC HEARING,
INCLE~YNG STAFF CO~E~S, ~ THE STANDARDS OF ~VIEW AS SET FORTH IN
SECTION 11.06i03, ST. LUCIE:CO~Y L~ DEVELOPMENT CODE, I HE.BY MOVE
THAT THE PLUG ~ ZONING COMMISSION RECO~~ THAT THE ST. LUCIE
C e .
~! iO~FY BOARD'" OF CO~Y COMMISSIO~RS GRANT ~PROV~ TO THE
~PLICATiON OF J&J B~R ENTE~ ~RISES FOR A CHANGE ~ ZONING FROM THE
'~ (~)US'T~, i ZO~G DISTRICT TO THE U (UTILIT~S) ZONING DISTRICT.
BECAUSE ....
.[CITE ~ASON ~- PLEASE BE SPECIFIC].
MOTION TO D :
~TER CONSm TESTIMONY PRES DURING THE PI~LIC HEARING,
)~GS 'C S, ~ ~ STAND~S OF ~~W AS SET FORTH IN
SECTION 11.06,03, 'ST. LUC~ CO~Y LAND DEVELOP~NT CODE, I H Y MOVE
T~T G ~ ZO COMMISSION R~CO~ND THAT THE ST. LUCIE
CO~TY BO OF CO~Y CO~SSIONERS DE~ THE.A~PLICATiON OF 8&J
BA~R ENTE~~SES__ FOR A CHANGE IN ZON1NG FROM THE IH (~USTRIAL,
HEAVY) ZONING DISTRICT TO T~ U (UTILITIES) ZO~G.
BECAUSE ...
[CITE REASON ~ - PLEASE BE SPECIFIC].
II I
C'~!
O0
C~
N
S ~£ I
s g~ I
s 9£ I
~NnO0 3380H033~!0
s z£ i
Zo,ning
J & J Baker
Enterprises
7 8 9
AR-I
N.S.L.R.W.M.D.
Canal No. 101
RZ
t
Community Development
Geographic Informmion Systems
Map revised June 23, 1998
· ~ ~o~ ~m mad~ to pro,~ lbo ~~~: a~e ' '
J & J Baker
Land Use
6 ? , a '-: 9 . :~
RZ ~98-012
t II
En erpr~ses
RS
N, S.,L,.'R,W,.M.D. Co, nOl'No. 101
Community Development
Geographic Information Systems
Map reused June 23, 1998
N
AGENDA - PLANNING & ZONING COMMISSION
TH UR SDA E JUL Y 16, 1998
7:00 P.M.
J& JBaker Enterprises, INC., has petitioned St. Lucie County for a Change in Zoning from
the IH (Industrial, Hea~) Zoning District to the U (Utilities) Zoning District for the follOwing
described property:
,gEE A TTA LEGAL DESCRIPTION
~.~ ocation:
Please note that aH proceedings before the Local Planning Agency are electronically
recorded Ifa person · 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 purpose, he may need to ensure-that a verbatim record of the
proc 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, testi~ing, during a hearing
will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any
individual during a hearing· 'upon request. Written comments received in advance of the
public hearing-will also be considered
rtor to thtspublic hearing, notice of the same was sent. to aH adjacentprope~ty owners July
2, 1998. Legal notice was published .in the Port St. Lucie News-and The 'Tribune, newspapers of
general CircUlation in St. Lucie County, on July 2, 199&
File No. RZ-98-012.
ST. LUcIE COUNTY
PLANNING AND ZONING
.COMMISSION
PUBLIC HEARING AG..ENDA
JULY 16, 1978
TO WHOM IT MAY CONCERN:
NOTICE is hereby given ~in
accordance with Section 11.00.03
of the St. Lude County Land Devel-
opment · Code.and in accordance
with the provisions of the St. Lucie
County ~omprehensive Plan,'that
the f~llowing applicants have
requested that the 'St, Lucie County
Planning and Zoning commission
consider their ~request~ as follows:
1. J&J Bake.r Enterprises, Inc. has
petitioned St. Lucie County 'for a
Change in Zoning from the IH (In-'
dustrial, Heaw) Zoning District to'
the U (Utilitiesi' Zoning District for
the following described
The East 102 feet of
lng: The North 200 feet of the
South 653~50 feet of the ~EaSt 365
feet of the West 415 feet of Ihe
SW ~ of the NW ~ of Section 32
Township 35 SOuth, Range 40 East,
St. Lucie County, Florida. Contain.
lng 73,080 iq. fi.
2: Paradise Palms, has peri-'
.tioned St. Lucie County for a
Change-in Zoning from the AG~!
(Agricultural .. 1 alu/acre) Zoning
DiStrict to the I (Institutional)
ing District for the following
descri!~cl prope~:
Section 14, Township 34 South,
Range 39 East. From lhe northeastI
cor~ ~>f the north ½ of the. north'
east ~ of the southwest
along
feet to the .Point of
,thence continue ,West
thence South 640.5 feet;
East 774.96 feet; thence. , North:
637,64 feet to the Point of Begin.
ning (11.36 ac) (QR 487-!288:
519-1220)
(Location: 83 ]'1, Indrio RoadJ
_.
.-PUBLIC HEARINGS
held', in' Room 101, 'St.
Iding~
Pierce; Florida
July 1~6, 1998, beginning at
'or.as soon thereafter as
possible.
PURSUANT TO
286,0105, Florida .Statutes, if
person decides to appeal any deci-
sion made by a bo~'~'d, agency, .or
commission with respect .to any
matter considered at a meeting dr
hearing, he will need a record'of.j
the proceedings, and tl~t, for such
purpose, he may need to 'ensure
that a verbatim record ~of the pro-
ce.~ings is made, which 'record
includes the testimony and evi-
dence upon which the appeal is to
be based.
PLANNING AND ZONING
COMMISSION.
ST. LUCIE COUNTY, FLORIDA j
/S/DONNA CALABRESE,
CHAIRMAN '
Pub.: July 2, 1998
.
_~__
'No. 5469-PZ ·
ST, LUCIE COUNIY
PLANNING AND ZONING
COMMISSION
PUBLIC HEARING AGENDA
JULY 16, 1998
TO WHOM IT MAY CONCERN:
NOTICE is hereby given in
accordance 'with Section
~.~.'11,00.03 of.. the St. Lucle
.~'~;.CountY Lan.d 'Development
Code - and in accordance
wffh the provisions of the St.
Lucie County.Comprehensive
~an, that the following appli,
canfs-have requested tl~at
the: St...Lucle county Planning
& Zoning Commission consider
their requests 'as'follows:,.
1. J & J Baker Enterpllses,' i11o.
.has petitioned St. Lucie Coun-
1~, for a 'Change'in Zoning
; f~om the IH [IndUslria!, Heavy]
Zoning District 'to the U
~litie~) zoning District ~for lhe
following described properly:.
THE EAST i02 FEET'OF THE'FOL-
LOWING:
OF
32.
,2.
' AG?I
·
Paradise Palms, has
i-for
: property:.
34
· '331
BEGINNING;
'WEST 774. THENCE
'SOUTH 640,5 THENCE
~ EAST 774.96. 'THENCE'
:NORTH 637.'64 FEET TO THE
~ POINT OF BEGINNING (11,36
' AC) (OR 487-1288: 519-1220)
.~ [Location: 8311 Inddo Road]
~The Public Heating will be
held in Room I01, St; Lucle
County Administration Build-
~ing, 2300 Virginia Avenue,
I1
Fo Pierce, Flodda on July 16,
1998, beginning at .7:00 P.M.
~or as soon thereafter as possi.
ble.
PURSUANT TO .Sectton
286~0105, Florida' Statutes. if a
~person .deC"ides. to.appeal an-.
~.~y. decis~.ri .made by ia board,
~;age~y, or comml.~iOn with
;respect t<: ~y malter cor
eredat, a ,~tir~g or:hear ~lg,~
he Mil 'ne o' record Of
.Pr°ceed!i , and th~. -for
:SUch :purl: ,~,'.he :may r, ·:il
ord of :tt prOceeding,
m~de. ~ reCOrd
~ ~t.,,m ,.a~. ev~,I
upon whl¢ ~he ap~l
I:~ tmmd..
'
F ' 'AND ZONING
Quasi-Judicial Public Hearing
File Number: PA-98-001
T~
ME MO RAN,D UM
DEP~TMENT OF COMMUNITY DE~LOPMENT
FROM:
DATE:
july 9, 1998
SUB.CT:
LOCATION:
AppliCation ~of Paradise 'Palms (Manojkumar N. Patel, AgenO' for a
.Change'in Fu~e "Land ~Use Desi~ation fi~om RS-preferred Residential
(ReSidential'Sub.ban) ~',to RS (Residential Suburban).
8311 Indfio Road
CU~;NT FUTUR~-L~D
USE DESI ON:
PROPOSED FUTU~ L~D
USE: DE ION:
E~STING ZO G:
PARCEL SIZE:
RS - Prefe~ed Residential (Residenti,a! SUburban)
RS (ReSidential Suburban)
AG.I (Agricultural- 1 d~acre)
9.8:5 .acres
PROPOSED :
Institutional Residential Home
SURROUNDING iZO
DESI ON:
AG-1 (A~cultural- 1 d~acre) to the no~h, s6uth, east, and
west. I (hsfimtional) to the east. RS-4 (Residential, Single-
Family -,4 du/acre) to the northeast. U-(Utilities) ~rther m
the east.
SURROUNDING L~D USE
DESIGNATIONS:
RS - preferred ReSidential (Residential Suburban), P/F
(Public/Facilities) to the east. RU (Residential Urban) m the
northeast,
July 9, 1998
Page 2
Petition: Paradise' Palms
File Number: PA-98-001
SURROUNDING E~STING
L~D USES:
Single-family residences :are located to the immediate north
of the subject property. To the east is Lakewood P~k Baptist
Church.
UTILITY SERVICE:
Water ~d .sewer service is provided by an on,site well and
septic tank.
_
T~SPORTATION IMPACTS
RIGHT-OF-WAY
~.EQUACY:
The existing fight.of-way for Inddo Road is 60 feet.
~CHEDULED
IMPROVEMENTS:
None at this time,
TYPE OF CONC NCY
Concurrency Deferral Affi davit.
COMMENTS_
T~s application,is for a change inthe ~~e land use desi~ation,of~ 9.85 acre parcel from RS -
Preferred Residential (ReSidential S.ub~b~) to RS (ReSidential Suburban). This application, if
approved, would remove the Prefe~ed ReSidential desi~ation ~om the property. The subject
prope~yisloeated at 8311 !n~o ROad. ~'~ " ' '
The stated ~p~ose of the requested removal of the pm Residential desi~ation is to allow for -
of an Institutional ReSidential Home. The current future land Use designatiOn
Homes. However, ~s.use.i~s subject to Policy 1.1.8,4(7) °fThe
St, Lucie Co L~d.Development Code, whch states, that within any area designated as Preferred
Residential ~:~y request for a change in zo~g to ~an Institutional Zoning Dis~ct mst be
accompanied by an am nt :to :the Comprehensive Plan to remove the Preferred Residential
desi~ation from. the petitioned property.
Approval of rthis petitiOn is required to allow for a change in zoning from AG-1 (Agricultural - 1
du/~re) to i (hsfitutional)the deVelopment of an Institutional Residential Home.
CONSISTENCY WiTH THE ST. LUCIE COUNTY COMPREHENSIVE PLAN
In reviewing this application for a proposed amendment to the St. Lucie County Future Land Use.
Map, staff finds that the following ~als, Objectives, and Policies of the County Comprehensive
July 9, 1998
Page 3
Petition: Paradise Palms
File Number: PA-98-001
. ·
Pl,,are: the pfim~: components applicable m this petition. The following is.an element-by-element
FUTU~ LAND USE~ ~ELEM-ENT
The: proposed men ~dment has been dete.nnined not to .conflict with this
element, lndfiO Road:West is i0eated, within the Preferred Residential
desi~ated:~ea Wheh requires an ~mendmem to'the Comprehensive Plan to
~move ~at desi ion pfior.:m rezo~ng to lnstimfional. The. proposed RS
(Residential Suburban). is .intended .to se~e-.as a .transitional area between
agricultural areas in 'the western section of'St. Lueie CoUnty and the more
intensive residential uses generally located in the eastem.'section of the
county.
Policy 1.!,-8-4(7)
Amy request ,for a eh~ge in zoning-to the Institutional Zoning District must
be ~aecomp~ed.by an ~ ent to.the Comprehensive Plan to remove the
Pre d ReSidential d.esi~ation ~-ffom the petitioned property. -Such
application for amen~em is' to be processed in accordance with the
provisions of Section I63.3187, Florida Statutes.
T~FFI[C CIRCULATION ELEMENT
The proposed ~mendment has been determined not to conflict with this
element. -.'~
~MAS'S T~SiT ELEMENT
The proposed amendment has been determined-not-to conflict With this
element.
PORT AND AVIATION ELEMENT
The :proposed amendment is outside of the land area discussed within this
element, and the proposed mendment isnot expected to result in any direct
impacts to these areas.
HOUSING ELEMENT
The proposed amendment has been determined not to conflict with this
element. The proposed amendment does not conflict with 'this element
July 9, 19:98
Page .4
Petition: Paradise Palms
File Number: PA-98-001
Sanitary. Sewer :Sub'Element
The proposed amendment :h~ been.determined to be consistent with ~s sub-
element. The.subject property would be served by an'on-site septic system,
an .apProved metllod .ofwastewater treatment. Policy 6.A. 1.4.3 permits the
use of.a septic' system for residential development at densities ~eater than
~o.:dwelling units·, per aereonly when ten,al water and sewer~ systems~, are
not-available,
Solid Waste.Sub-Element
The proposed men~ent has been determined .not to conflict with this
element.
The proposed amen~ent .has been determined not to conflict with this
element,
Potable Water Sub-Element
The proposed amen~ent ~has been ~determined not to conflict with this
element. 'The subject property would be serviced by a well, a pemtted
soume of water for residential dwellings, ....
The proposed amendment has been determined not to conflict with this
element.
CONSEiRVATION ELE~NT
The proposed' amendment has been determined not to conflict with this.
element.
REC~~TION ~D OPEN SPACE
'The proposed-amendment has been 'determined not to conflict with this
element.
July 9, 1998
Page 5;
Petition: Paradise Palms
File'Number: PA-98-001
INTERGOVERNMENTAL COO~INATION ELEMENT
The proposed amendment has been determined not to conflict with this
element.
CAPIT~ IMPRO~MENT ELEMENT
The proposed amendment has been determined not to conflict with this
element.
Policy 11.!.4.30~)(3)
SeC. tion 5.01.01 of the ~St. 'Lucie Co~ty Land Development ' Code, adopted
pursuant.m Pohcy 11,1.4,3, requires ~at a Certificate of Capacity be obtaine~
~before the issuance any final .development orders for development of this
property.
Any proposed m ent~tO'the St. Lucie Co~ty Comprehensive Pl.an -may be reviewed by several
state ~ad regional agencies. The Department of Co ty Affairs is ch~ged with determining
whethe:r m s ,~e consistent with and ~her the :St. 'LuCie County :ComPrehensive Plan, the
P!~, the S~ate~c Regional POlicy Pl~, Chapter 163 of~e Florida Statutes,
and i .,. hregard m ~the state .and stratego regional plan, staff
has the following co~ents:
CONSISTENCY WITH THE STATE 'COMP~HENSIVE PLAN
L~ USE- F,S. 187.201(I.6) -h recognition of the import~ce of preserving the natural resources
and~enhaneing the qua!iWof life of the state, development shall be directed to those areas which
havg. in place, or have 'a~ements to provide, the land and'water resources, fiscal abilities, and
service capacity to acco~odate gro~h in an environmentally acceptable manner.
The proposed amendment to the future land use classification of the subject property would
encourage'and prese~e the quality of hfe ~ ~e immediately surrounding area. The subject property
is located, in an area of large, lot s~gle-family homes. Homes are in eXistence on the lots to the west
.and north. The development of the existing residence as an Institutional Residential Home is not
expected .m ~adversely affect the neighborhood. The subject Property is located wit~n an area of
large lots.. The :existing single-family homes are serviced by on-site well and septic systems.
CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN
The propoSed Furore Land Use Amendment is consistent with the Strategic Regional Policy Plan
in that the approval .of the request Mll encourage the location of institutional development in an area
July 9, 1998:
Page 6
petition: Paradise Palms
File Number: PA-98,001
already compatible for institutional development. Indrio Road is an area of increasing co.mmercial
and institutional uses. Tbs development contains :single-fami!y lots that :are approximately 1 acre
in size. The proposed 'amen~ent will allow for the development of an hstitutional Residential
Home on 11.36 ~acres of prope~,. The requested mendment will allow for development in t~s area
without the need of:having .to prOvide additiOnal pUblic facilities.
CONCLUSION
Based Upon the .info~ation pro d, staffh~ found .the propos~ land use changeto be consistent
~th the, Goals., Object,yes, and Pohe~es :as:set forth .in the St.. Lucie CounW Comprehensive Plan.
Staff also freds,the, proposed ~amen ;to be consistent with the Stme Comp~hensive Plan and
Staff:recommends that this petition 'be forwarded to:the Board of County Co~issioners with a
reco~endation of appmYal.
· .
Please :contact this, office if you have any questions,
Attaehments
cc: Manaj~, mar N. Patel
Jiim Minix
File
Suggested. motion to recommend, . approval/denial~ o'f this requested Comprehensive Plan
Amendment. ~
~MOTION TO iAPPROVE:
AF ER ~CONS:~. TES P~SENTED D~G THEP~LIC HE--G,
~CLUD~G ~ST~F 'CO S, I HE Y MOVE THAT THE .LOC~ PLUG
· ~Y-OF-ST. :':-CO Y ~C~~ T~T ~E ST. LUC~ CO~Y BO~
OF CO .CO SS S T ~PROV~ 'TO THE .~PLICATION 'OF
P~}ISE~, SFOR A C GE ~ - USE DESt TION FROM RS '
P~FE~ D' TO RS
[CITE ~ASONfS) - PLEASE BE SPEC~IC]
MOTiON~TOD ._:
·
·
mwE CONSm : TE:S S NTmD OTUEemLm.
INC }rog S F ~CO S, I Y MoVE 5HAT '"THE LOCAL PLUG
i~ OF.ST. ~.CO ~C T~T T~ ST. LUCIE CO~TY BOARD
OF CO Y .CO SS!O S DE~ THE..~PL!CATiONOF PARADISE P~MS FOR
A CHAiNGE ~ FUT USE DESIGNATION FROM RS - P~FERRED
.
~S~ (~S~ iAL S~~AN)~TO RS (~SIDENT~ S~~AN).
BECAU~,E
'[CITE ~ASON(S) ~- PLEASE BE SPECIFIC]
~ Z
s 9£ i
AiN,flO0 33BOH033>IO
0
0
Z
Parad-i se Pal ms
Zoning
· ., AG-1 .:, RS, 4
'i ·
·
,:
ln~d:r:~:,o Ro:a-d
PA 9E]-001 -
Community Development
Geographic Information Systems
Land .Use
P'aradi-se
Palms.
RU
PA 98-,001
I.ndrio
RS
Road
P/F
Community 'Development ·
Geographic Ir~formation Systems
.Map prepared June 30,1998-
~ ~m~m, mm m~m~m~dm~ ~mmm m ~mmy~m~ ~
AGENDA - PLANNING & ZONING COMMISSION
THURSDA Y, JUL Y 16, 1998
?:O0 P.M.
Paradise Palms, has petitioned St. Lucie CountY for a Change in the Future Land Uae
Classi. fication by deleting .the ~deaignated Preferred Residential (PFR) aa established under Policy
1.1.8.4(7) of the St. Lucie Coun~ Comprehensive Plan for 'the f ollowtn g described proper~:~ ~ .
SEE ATTACHED LEGAL DESC~PTtON
(~. ocation:
Please note that .aH proceedtngs -before. the Local Planning Agency are electronically
.~ ....
recorded. Ifa person decides ~m appeal any decision made by the Local Planning Agen~ .with
respect .to. :any matter considered at such meeting or hearing, he will need a record of the
proceeding& and that, for such purpose, 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 i~
to be based. Upon. the requestofanypar~· · to theproceeding,, individuals testifying~ during a hearing.
will be sworn in. Any to the proceeding will be granted an opportunity .to cross,examine any
individual testi~ing during a hearing upon request. Written comments received in advance of the
public h~aring will also be considered. -.
Prior to thispublic hearing, notice of the same was sent to aH adjacent prope)ty owners July
2, 1998. Legal noace was published in the Port St. Lucie News and The Tribune, newspapers of
general circulation in St. Lucie County, on July 6, 199&
File No. PA-98-O01
~The~.St- Lucie~ CoUnty Loc~ PI . Agen~ proposes tO. chan~~
., ~e FuRu-e '~d Use~..~~cati°n ofthe land ~diCated .on the map,'
i in ~adVe~menL ' " ' ' ' '
The. p~ose of this meeting is to consider an amendment to the St.
LUCie C~unty Comprehensive Plan by deleting 'the property
de~be'd: below froni the designated Prekerred Residential~(PF~
established :under Poll' 118 4 7) ~e Lo~ Plantin en
.forward a :~commendation .to the St. Lucie ~un~ Board of County
Commoners, 'The .Boa~: of ~un~' Co~issi0ners Will 'then b~
.requested 'to determine whether o~ not to .adopt the proposed
'amendment, and transmit the amendment t° .-the Fi~rida
Dep~ent :o~ ~ A ff.~ .in acCOrdance, with the'.wequhm-
ments' of ~apter 163.3184, Florida Statutes, ."
A Public' Hearing' ~n this pr0posal w i il be held before the
Pl~g Agency On July .i6, 199.8, at 7:00. P.M. in Room ~0t, St.
Lade. ;~~; .Adm~str~tion B~~g,- 2300 :~Vtr.~a Avenue~ Fort..
. Pierce, Florida. .... . ,
~ '"~pies: of the. Propos~d amendment to the St. .LUcie..'~Ount~-i
Comprehensive` ~ ~ avatlablef°r in~ection :in the. ~De~ent
Of '-~mmunity Development, plan~g DivisiOn, 2300 Virginia
Avenue,' rFO~ .~e~, ~Flodda, during normal business hours~.
·
re.corded'? N a person de,des .to appel: any decision .made. wit~'.
, ~spect m..any-matte~ COnsidered at the he.g, he ~ need a
reco~rd, of ~e-proce~g~ and that for such p~Ose, he may need=
to e~ .that a ve~ba ~ttm record of the.prOceedings is m~e, which.
re,rd includes the tes~onyand evide-'nce UPon ~hi~ the appeal
is~o be based, At the reqUest of any p~ to the ProCeedingS' indi-
~,' :~~s d~g the' h_e~g ~ be sworn in: Any party, tO ·
· me pm~ding ..~be ~ted .an= .oPP0~ty ~ cross e~e' any
individual te~g-dm~g. ~e he.aring ,upOn request.
~ Paradise Palms
., · .o
:..- .-.- .ii ..... -;ii tl· .
i · ! "'""',1 'i
...... ' · . : _ -'. - ,
· . ~ ST. LUCiE COUNTY, FLORIDA.
.' - LOCAL PLANNING AGENC~
" ' /S/DONNA CALAB~SE, CHAI~
PUBLISH DATE: July 6, 1998
Parade Palms
PA-98-001
LoCation: 8311 Indrio Road ..
·
·
,
· "' ' '' '
l__~ ~ '., , , , ..... , , ,
St.
IN
USE-
Agency proposes ,to
oTthe land ihdiCated
.,-
·
er an amendment to
.
held before the Local
00 P.M. in ROOm 101'
BUilding, ~300 - virginia
·
· amendment to the St. Lucie COunty
available for inspection in the
~ -~ Planning Di~ion,'
; dUring no~al busi-
Parad'~e Palms
PARADISE PALM
-PA-98-001 -
Indrio Rd.
ST. LUCIE COUNTY, FLORIDA
LOCAL PLANNING AGENCY
/SI DONNA CALABRESE, CHAIRMAN
Publish.Dale: July 6~ 1998
PLANNING ~ ZONING'CO~ISSION REVIEW: 0Wl 6/98
File Number RZ-98-008
M E..M O R A N,DU M
D TMENT OF COMMUNITY DEVELOPMENT
TO:
FROM[:
DATE:
Planning and'Zoning Co~mm~ ission
July 9, 1998
'SUBJECT:
ApplicatiOn of Paradise-Palms, for a Ch~ge in Z ~om the AG-1
(Agfieult~al- ld~acre) Zo~ng District to .the I (hstimtional) Zoning
District. .
LOCATION:
8:3 l 1 Indrio Road
EXISTinG Z~'I, ONING;"'. "~ '
PROPOSED ZONING:
AG-1 (Agricultural. 1 d~acre)
FUTUI?~ L~ ~ ~D' '"' USE~ ':''' '
RS .~es id enti al Sub ~b an)
ARCEL SIZE:
9,85 acres
PROPOSED USE:
SURROU~iNG ZONING:
Institutional. ReSidential Home
..
The :s~o~ding zo~ng .is AG.I (Xgricul~al -1 dWacre)to
SURRO~ING L~D USES:
FIRE.MS PROTECTION:
UTILITY SERVICE:
U (Utilities) farther-to the east~
The Fu~e Land Use Classification of the s~ounding area
is RS (Residential Sub'ban) to the.no~h, soUth,~ east, and
west. P~ (PublicfFacilities) to the' east. 'RU (Residential
Urban) to the no~heast.
Station #7 (4900 Ft. Pierce Boulevard),
approximately 0. l 0 mile.to the west.
is: located
Water and 'sewer .selMce is provided by an on-site well and
septic.
July 9, 1998
Page 2
Petition: Paradise Palms
File No' RZ-98-008
TRANSPORTATION IMPACTS
RIGHT'OF-WAY
ADEQUACY:
SCHEDULED
IMPROVEMENTS:
TYPE OF CONC NCY
The existing fight-of-way for Indrio Road is 60 feet.
None .at this time.
Concurrency Deferral Affidaviti
S S OF ~~EW. AS SET FORTH IN SECTION 11.06.03,
ST' 'LUCIE 'COUNTY L~D DE~LOPMENT CODE
, proposed rezo~ng,-the P1 and Zo~ng Co ~mm~ issiOn shall
:-determinations: '.. ~' ' ~
2~
o
The proposed zoning .district is consistent with the St. Lucie County Land
DeVeiopmem~ 'Code ~d. specifically has met ~the .standards of 11,0.6,03. The I
(Insfi~tional) Zo District allows Institutional Residential'Homes as permitted
uses.
LucieWhetherc°untythe proposedcomprehenSiveamendmeny.iSplan;-. consistent with. all elements of the~ St.
The proposed Change in zoning is conSistent:,With all elemems of the St. Lucie
The RS (Residential Suburban) Fu~e Land Use
allOws for.the Institutional'Zoning District.'-
Whether and the extent.to which the pr°po_sed zoning .is-:inconsistent with the
existing and proposed land uses;
The proposed zoning is consistent with the existing and proposed landuses-in the
.area. The 'subject property is located in an area of agricultural Uses with some
residential, commercial, .and institutional uses along Indrio Road. The.demand for
more intense uses along this road is expected.to increase. The proposed Adult
Congregate Care Facility is consistent with these uses.
July 9:, 1998
page 3
Petition: Paradise Palms
File No: RZ-98-008
4~
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 otto the extent to which the proposed
amendment~would~ exceed the capaei~ of Such public facilities, inclUd~g but not
6~
'The intended use for.this., rezO~ng. .. is not expected.to. . create, si~ific~t :additional
demands on a.ny ~public facilities in t~s area. Any development wi'll need to
demons~ate that ~e ~adequate public facilities in the-area to support such
develo . The existing home is served by an on-site well and septic system. If
an up~aded System is required to operate an Adult Congregate C~e Facility the
applicant will provide t~s semite prior to operating -the Adult Co e Care
Facility. ~
Whether and the extent to which .the proposed ~amendment would .result in
significant adverse impacts on the natural environment;
~7·
e
local.environmental regulati0ns.
Whether and the extent~ to which the proposed .amendment would adversly
' r '
affect the p operty values in the area;
..
The proposed .amendment is not expected to affect property valueS.of surro~ding
properties. ' ' ' -~ ' '
Whether and the extent.to which the proposed amendment would result in an
orderly'.and lOgical development p ttern specffically idenfifying~any negative
affects of such patterns; _
An orderly :and logical ~deVelopmem pattem Will occur with this change in zoning.
The-s~ounding parcels of pmpe~y ~e Used for agriculture, residential,
commercial, .~d institutional uses. The commercial and institutional uses in-this area
are expected to increase
Whether the-proposed-amendment would be. in conflict with the public interest,,
and :is~in harmony with the purpose and intent of this Code;
July 9,, 1998
Page 4.
Petition: Paradise Palms
File No: RZ-98-008
'The propOsed amendment wodld.not be in conflict with the public interest and is in
harmony With the-p~ose and intent of:the. St. LuCie County Land Development
Code. ~ ~
COMMENTS
The. petitioner, Manaj Patel, has requested this change .in zo~ng from :the AG-1
to the I (hstitutional) Zoning Dis~ct on 9:85 acres of
prope~y located at 83tl :in order to establish.an Institutional Residential Home. 'The
~for a ~facility of fomeen ('14) or more clients. There. are no
other 1,000 feet,
Staffhas reviewed ths.petition and der ed thatit cOnfo~s with the~ standards of review
as set fb~h in ~Se 1 l,.06,03 'of the St. Lueie CO~ty Land' Development Code and is not in
co~ict with the goals, objectives, ~d policies of~e St. Lucie CounW Co ensive Plan. Staff
is recommending that you fo~ard this-petition to the Board of Co ~unty Co~issioners with a
]?'lease contact this office if you have any questiOns :on this matter.
Attachments
mp
cc: Manajkumar Patel
.... Jim Minix
- File
Suggested ~motion to reco~end ~approval/denial of this requested change in zoning.
MOTION TO APPROVE:
~TER CON-S~E~G'THE TES'T~ONY PRESENTED DURING THE PUBLIC HEARING,
INCLINING STAFF COUNTS, ~ T~ STAND~S OF ~VIEW AS SET FORTH IN
-SECTION. 11,06,03, ~ST, LUC~ CO~Y LAND DEVELOPMENT CODE, I ~REBY MOVE
THAT THE PL ZO CO~SSION ~COMME:ND THAT ~ ST. LUCIE
CO~'TY BO OF CO~TY CO~iSSIO~RS GRANT ~PROV~ TO THE
~PLtCATION OF P~.ISE P~MS (M.ANAJKUMAR PATEL, AGENT), FOR A
CHANGE '~ ~Z G FROM THE AG-1 (AG~C~TURAL - 1 DU/ACR~) ZO~G
DISTRICT TO THE I(~STiTUTIONAL) ZO~G DISTRICT.
BECAUSE
[CITE' SON ~- PLEASE BE SPEC~iC].
MOTION TO D
.C ~ ' TEST~ P~SENTED DUR.tNG'T~ P~HCH ,
~C ) S F C $' STAND~S ~OF RE~W ~ SET FORTH IN
SECTION 11,06~03, ST.. tE CO L~' DEVELOPMENT. CODE, I Y MOVE
~T'~HEP ZON~G CO~SSION ~ .CDMME~ THA.~ T ~ ST. LUCIE
CO 'Y BO~ OF CO~TY CO~SSIONERS DENY THE APPLICATION OF-
pARADISE P~MS PATEL, AGENT), FOR A CHANGE ~ ZONING
FROM. 'THE AG,1 (AG~C~TURAL - 1 DU/AC~) ZON~G DISTRICT TO THE I
(~STIT'UTION~) ZONING .DIST.'CT.
BECAUSE ...
[CITE REASON ~Y 'PLEASE BE SPECIFIC].
cO
CZ)
,I
_.._/
s z£ I
RZ
7.26 Ac
1.24 Ac
98--008
Zoning
Paradi.'se
27.28 Ac
A~G-1
lndrio Rood
AG
18.13 Ac
Palms
4.85 Ac
1 Ac
-1 Ac
Community 'Development
Geographic Information Systems
Map prepared April16.1998
Land
RZ
Use
Paradise
Palms
7.26 Ac
27.28 Ac
indri, o
R :o-o d
1.24 Ac
P/F
4.85 Ac
R¸S
18.13 Ac
1 Ac
Community :Development
Geographic InfOrmation Systems
Map prepared April16,1998
THURSDA Y, JUL Y 16, 1998
7:.OO P.~
SEE A TTA LEGAL DESCRIPTION
(Location: 8311 Indrio Road)
.Please note that all proce ,before &e Local Planning Agency are electroniCally
recorded. Ifa per, on decides al.any decision made by ~&e Local Planning Agency with
respect to any matter con, at ~uch meeting or hearing, he will need a record of the
proceedings, .and that, for such ~urpo~e, he may need ,to en~ure that a verbatim record of the'
procee~ngs i~ made, which, record in ~the testimony· and evidence, upon which the appeal is
to be 'ba'Yed, Upon the request of anY· . ~ . .par~. to the proceeding,, individual, testifying· · during a hearing
wtll be ~worn in:. Any~a~ to the pro will be granted an opportunt~ to cro~,-examine any'
individual tcstifying~during, a h upon r~que, t..~ . Wri~en comments received 'in advance of the
public,hearing will.al~o be considered. -
Prior to this public hearing, .notice of the same. was sent to all adjacentproPe~,¢..owners July
2, 1998, Legal notice was published .in the Port St. Lucie News and The Tribune, newspapers of
g.~neral 6trculatton in St. LuCie County, on July 2, 199'8. -
File No. RZ-98- 008
c~
'I~
ST. LUCIE COUNTY
PLANNING AND ZONING
COMMISSION
PUBLIC HEARING AG. ENDA
JULY !6, 1978
TO WHOM IT MAY CONCERN:
NOTICE is~ hereby given in
accordance with Section 1 i.00.03
of the St. Lucie County. Land Devel-.
opment Code and in accordance
with the provisions of the St. Dx:ie
County Comprehensive Plan, that
the f~llowir[g applicants 'have
requested that the ~t. Lucie County
Planning and Zoning CommisSio'n
consider' their reque'st~"as follows:
1. J&J Baiter Enterprises, Inc.. has·
petitioned St. Lucie County t~or a
Change in 'Zoning from the IH (In~.
dustria!, Heavy) Zoning District to
the U (Utilitiesi Zoning District
the f°ll°w!ng.describec] property:
The East 1'02 feet of the follow.
lng: The North' 200 :Jeet of the
South 653,50 feet of the East 365
feet of the West 415 feet of the
SW ~ of the~. NW ¼ of Section 32
Township 35 South, Range 40 East,
St. Luci~ County, Fl°rid~. C0ntain~
lng 73,080 Sq. ft.
'2: paradise Palms, bas peri,
tioned St. Lucia County for a
Change in 'ZOning from the AG-1
(Agricultural-- 1 alu/acre) Zoning'
District to the I (InstitutiOnal)'Zon-
ing ~District for the following
descri ~bed property:
Section 14, Township 34 South,
Range.. 39 East. From the ~ast
corner :el the north ~ of the north-~
east ¼ of
along ,¼ section line
South 20.Jeet; thence West 331 '
feet to the Point of Beginning;
thence continue West 774~9 fe~j~-
-thence South 640.5 feet; thence
East 774.96 feet; thence 'North
637.64 feet .t° the Point of Begirt.
~ning (11.36 ac) (OR 487,1:~18:
519-1220J
(Loeation: 831 i: lndrio Road)
PUBLIC HEARINGS will be
held in Room ~101, St. L. ud& County
Administration Building, 2300 Vir'-
ginia Avenue, Fort Pier~, Florida
c~'n July 16, '1998, beginning at~
7:00 P.M. or-as soon thereafter as .
possible.
PURSUANT TO
286.0105, Florida Statutes, if a -
person decides to al~peal any deci;
sion made by a bo~'~'d, ag~, or
commission' with respect 1o any
matter considered at a meeting or
hearing, he will need a record of
the proceedings, and that, for such
purpose, he may need to ensure
that a verbatim record of the pro..
ceedings is made, which record
includes the testimony and evi-.
dence upon which the appeal is to
be based.
PLANNING .AND ZONING
COMMISSION
ST. LUCIE COUNTY, FLORIDA
/S/DONNA CALABRESE,
CHAIRMAN
Pub.: J July 2, 1998
No. 5469-PZ
ST. LUCIE COUNTY
PLANNING AND ZONING
-COMMISSION
'PUBUC 'HEARING AGENDA
JULY 16, 1998
TO WHOM IT MAY CONCERN:
..
NOTICE is 'hereby given in
accordance 'with S.ecfion
-~,i:~ 11,00.03 of the St. Lucle
-~...County Laqd Development
Code .. and .in accOrdance.
with the. provisions of the St.
Lucte County =Comprehensive
Plan. that-the following appli.
cants have requested: that
the St..Lucle County ~Pianning
& zoning Commission Consid(~r
their requests as follows:
1.. J&J Baker Entefl:xlses,"lnc.
· ..has petitiOned-.St. LuCie Coun-
THE EAST i02 FEET:OF THE FOL-
LOWING:
. 2.
'AG, 1
·
-for
proPerty:.
'mE
I
SOUTH
' EAST 774.96, FI
~: (Location: 8311 Indrio Road]
!The Public Headng will be
~' held 'in Room 101, .St. Lucle
i County AdministratiOn Build-
ling, 2300 Virginia 'Avenue,
a Fort Pierce, Florida on July 16,'
~ 1~998, beginning at :7.:00 RM.
., .
;...or as soon thereafter as tx)ssi.
ble.
i.i .u.suA.~ ~0 Sec,o°
~~ 286.0105, FlOrida Statutes, .if a
~' ord of the
upon
PLANNING'AND ZONING
COMMISSION
ST. LUCIE COUNI~., FLORIDA
/~onna Calabre.m,
'-' Chairman
Publish: July 2; 1998 .
~lu1_-16- 98 10:15A Bruce R Abernethy Jr PA
P.02
TE::L£PHON£ ($4tl } 44lHI)Ot
BRUCE R. ABERN£THY, JR., P.A.
^TTORNE:Y AT LAW
~ VIRGINIA AVECN UE
PROFE~tONA4., CE:NTR£, SUITE ~
FO~ PIERCE, FLORIDA 3~a
July 16, 1998
TE:J.E:F'AX (Sel)
VIA ~I'E~F~ - 4,62-1735
Mr. David Kelly
Planning Manager
St. Lucie County
2300 Virginia ~Ave.
Ft. Pierce, FL 34982
Pe~i~ion of Aero Conmmntcatton S~s~ems, Inc. for
Conditional Use Pe~mi~ ~o allow a ~25 £oot high MonOpole
Commun~aa~ions T~er ~n ~he ~ (C~~~al ~neral)
Zoning Dis~ric~
Dear David:
.
Af:~er -'er" ' .
r ~ewang Mr. Wazny's Memorandum to the Planning and
Z '
. on[ng Commission dated July 15, 1998 and discussing this matter
with you and Mr. Murphy, my client agrees that the Conditional Use
Petition ~y .not 'be heard by the Planning and Zoning Co~ssion
and/or the Board of C.oUnty Commissioners until such time as the
variance issue has been resolved. It is our understanding, that the
Planning and Zoning Commission will not consider this matter this
evening and that my client s Petition will be held in a pending
status until such time as the variance issue has been resolved.
it is m~ understanding that. my client's Petition will
be from th~s evening's Planning and Zoning Commission
agenda and from the Board of. County Commissioner's_~. . agenda for Jul
21 19'98. It. is '; · · Y
· understanding t.hat you .will explain the
situation to both ; and Zoning Commission and to the
- Board .of Count .1 and that my client's attendance at
these meetings be necessary.
_
_
Thank you for your cooperation in this matter.
Sinc ere 1 y,
AbBru~ % ernethy, Jr.
BP, A/jlb
cc: Mr. ~rnie Petrone
Aero Communication Systems, Inc.
('via Telefax }
PLANNING AND ZONING COMMISSION RENEW: 07/16/98
Quasi.Judicial Public Heating
File NUmber CU-98..006
MEMO RANDUM
DEPARTMENT OF COMM~ITY DEVELOPMENT
TO:
FROM.:
DATE:
Planning and Zoning Commission
Planning Manager ·
July 9, 1998
SUBJECT.:
AppHc~ation.of Aero CommunicatiOn Systems, Inc. for a 'Conditional ~Use
Pe~it to allow a 125 foot monopOle co~unications tower-in the CG
(commercial, General) Zoning DiStrict.
LOCATION:
5014 Nol~h U.S. Highway No. 1
ZONING DESIGNATION:
CG (Commemial, General)
LAND 1LISE. DESIGNATION:
COM (Commercial')
PARCEL :SIZE:
Parent Parcel: 3.38 acres
Leased Parcel: 0,10 aCre
PROPOSED USE:
125 foot monopole communications t°wer
SURROUNDING.ZONING:
RS-2 (-Residential, Single-Family- 2 du/acre)to 'the
east. IH (Industrial, HeavY) to the southeast. CG
(Commercial, General) to the north, soUth, and west.
AG-5 (Agriculttii'al- 5 d~acre).
SURROUNDING LAND USES:
The surrounding land is generally used for
commercial purposes such as a self-storage facility on
the subject parcel and a gas station to the north. A
single family home is located on the parcel to the
north. An additional 1,538 square foot home which is
used for security is located on the ~same parcel.
~FIRE/EMS PROTECTION:
Station #4 (4000 St. Lucie Boulevard) is located
approximatelY 3.5 miles to the southwest.
July 9, 199.8
Page 2
Petition: Aero Communications Systems, Inc.
File No.: CU-98.006
UTILITY SERVICE:
TRANSPORTATION IMPACTS
RIGHT-OF-WAY
ADEQUACY:
On-site well and septic.
The fight-of-way width for U.S. Highway No. 1 is
200 feet..
TYPE..OF CO
DOCUMENT
;D:
None at this.time.
Certificate of Capacity
STANDARDS 'OF REVIEW AS SET FORTH iN SECTION 11.07.03,
~ST,' LUCIE COUNTY LAND' DEVELOPMENT CODE
shall consider
use, the Planning and Zoning Conmfission
determinations:
Whether the propo.sed Conditional use is in Conflict with any applicable portions
of the St, Lucie County Land DeVelopment Code; '
Lu{
District
not in conflict with any applicable portions of the St.
Land ev. el°pment COde. The CG (commercial, General) Zoning
.ows communication towers as conditional uses.
2~
Whether and the.eXtent to which the proposed conditional.use would have an
adverse impact on nearby properties;
Commission and the
thi-stower have been identified. The visUal impacts are minimal. Radio frequency
concerns may.nOt be conSidered as a part of io;:al review.
W.hether and the extent to which the proposed conditional .use would be served
by adequate public facilities and services, including roads, police protection,
sf'lid wastedi~pfSal, 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.
Whether and the extent to which the proposed conditional use would result in
significant adverse impacts on the natural environment;
July 9, 1'998
Page 3
Petition: Aero Communications Systems, Inc.
File No.: CU-98'006
all enviro~unental regulaions.
COMMENTS
On June.2, .1998, the Board of County Commissioners 'at the request of a-citizen voted to
and Zoning commission continue the hearing on this conditional use
At its June 18, 1998 meeting the Planning
this item 16, 1998 as:requested. ThiS~continuance~.altOws
for the.Board of AdjUstment .consideration of the required .vahance on July 15, t998.
The applicant, Aero Co~unication Systems, Inc., .has applied for the requested conditional
use in order to allow for the construction of a 125 foot monoPole communications tower in the CG
(Comm ~rclal, General This activity is allowed as a Conditional use in this zoning
district upon approval :of County Co~issioners, The t°wer is proposed to be located
on .3..38 acres of land. ...
·
..
l?rior to. approval of the conditional use by the BOard of County ~ Commission, Aero
Co~unication SYstems' Inc'; shal! be.required to obtain a variance from the St. Lucie County Board
of Adjustment to allow, the tower to encroach into the 750 foot distance requirement for
communication towers.to:-habitable residential structures. The' Variance will be heard by The .St.
y 15, 1.998. Staff will report on the result.o£that action
during tlhe publ this matter.
Staff finds that t~s petition, with the following conditions, meets the standards ~of review as
set fo~h in Section 11.07.03 of the St.'Lucie County. Land Devel. opment Code and is not in conflict
with the goals, objectives, and of the St'. Lucie County Comprehensive Plan. Staff
recommends that you fo~ard petition to .the Board of County COmmissioners with a
recommendation of~apProval, subject to the following conditions:
,
Prior to issuance of a building permit, pe~ission for the construction of the
co.mmunications tower shall be obtained from the Federal Communications
Commission and the'Federal Aviation Administration, if applicable.
The monopole communications tower shall have a maximum height of 125 feet.
Please contact this office if you have any questions on this matter.
Attachment
mp
cc: Ernest Petrone
Don Cuozzo
File
Suggested motion to recommend approval/denial of thiS .requested conditional use.
MOTION TO APPROVE:
AFTER CONSIDE~G THE'TESTIMONY PRESENTED D~G THE PUBLIC HE--G,
INCL~)ING-ST~F COMMENTS, AND THE ST~ARDS OF REVIEW AS SET FORTH IN
SECTION 11:07.03, ST. LUCIE CO~TY L~ DEVELOPMENT CODE, I HEP~BY MOVE
THAT THE PLUG ~ ZO~G COMMISSION ~COMMEND THAT THE ST. LUCIE
CO~TY BO~ OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE
APPLICATION ~OF AERO COMMUNICATION SYSTEMS, INC. FOR A CONDITIONAL
USE PERMIT TO ~LOW A.'1215 FOOT MONOPOLE COMMUNICATIONS TO~VER 1N THE
CG (COMMERCIAL,-GENE~) ZO~G 'DiST~CT, SUBJECT TO THE FOLLO~G
:CO~!TION(S)..
[LIST CONDITION(S)]
MOTION.TO .DE~:
AFTER.,zONS~ G THE TEST~O~ ~P~SENTED D~G THE PUBLIC HEARING,
~CL ~UD~G.S.T~F CO~ENTS, ~ THE STAND~S OF REVIEW AS SET FORTH IN
SECTION 11.07:03, ST. iLUCIE CO~TY L~ DEVELOPMENT CODE, I HE. BY MOVE
T~T THE PLANNING ~ ZO~G CO~ISSiON RECOMMEND THAT THE'ST. LUCIE
CO~T:Y BO~ OF' CO~TY COMMISSIONERS DENy THE APPLICATION OF AERO
COMMUNICATION SYSTEMS, INC. FOR A CONDITIONAL USE PERMIT TO, ALLOW A
125 FOOT MONOPOLE COMMUNICATIONS TOWER IN THE CG (COMMERCI~,
GENERAL) ZON~G DIST~CT, BECAUSE ...
[CITE ~ASON(S) ~Y- PLEASE BE SPECIFIC]
S I~C Z
S 9~ I
A. LNFIO0 3380H'033~0
Zoning
.Aero
Communications .Systems, Inc.
AG-5
CG
¸CG
I
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RS-2
CU
98-006
Community Development
Geographic Information Systems
Map revised April24,1998
Land Use
Aero
Communications
Systems, inc.
CPUB
CU 98-O, 06
COM
COM
RU
I
!
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!
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Community Development
Geographic Information Systems
Map revised April 24,1998
,
N
les
.Aero
Communications
Systems, inc.
0.06 Ac.
5.74 Ac.
3,95 Ac.
0.25 ,,
', -2,56 Ac.
1,02 'Ac.
7.02
0.24 Ac.
8.86 Ac.
Total Acreages = 39.82'3
....... = 500"boundaw
CU 98-O06
Community Development
GeographiC Information Systems
Map revised April24, 1998
AGENDA- PLANNING & ZONING COMMISSION
THURSDA Y, JUL Y 16, 1998
7:00 P.M.
Aero Communication.Systems, Inc. has petitioned St. Lucie COun~for~a'Conditional Use
Permit ,to allow a 125 foot COmmunications TOwer~in the CG (Commercial, GeneraO Zoning
SEE .A TTA CHED LEGAL DESCRIPTION
(Location:
5014 North U.S. Highway No. 1 (Affordable Storage))
i~lease note' that aH proceedings before the Local Planning Agency are electronically
recOrded. Ifa 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 purpose, he may need to ensure that a verbatim record of the
proceedings is 'made, which record~tncludes the testimony and evidence upon which the appeal is
to be bm~ed.., 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
indtvidual testi~ing .during a hearing upon request. Written comments received in advance of the
public hearing will also be considered.
Prior.to thispublic hearing, notice of the same was sent to all adjacent property .owners July
2, 1998. Legal notice was published in .the Port St. Lucie News and The Tribune, newspapers, of
general circulation in St. Lucie County, on June 5, 199&
File No. CU-98-006
~' I .~ . ~!,.,
NEXTEL SOUTH CORPORAT
Conditional Use Approval m~d Major Site Plan
Fo.fa Proposed Telecommunications Facili~
Site ~ F-1589 Inderio
Address: 50i4 North US1 Pt. St..Lucie, FL
INTRODUCTION
Nextel Communications, a Federal Communications Commission (FCC) licensed
operator of Enhanc :d SpeCialiZed Mobil Radio" services in the State of'Florida. ~Submits this
application to St. LUcie County, St. Lucie County Planning Department for ConditiOnal Use
.approval in the classificati°n and.:approval of it's Site Plan Application in order to construct and
operate an unmanned telecommunications facility within the-County. Nextel's wireless'
comnmnication system is'.unique in that it :cOmbines programmed two-way radio
communications .capability .with digital cellular phone communications in one hand-held milt.
This project .,description and justification narrative describes the scope of the proposed project
by providing 'specific information regarding the project location, zoning, specifications and
seI ~v Ice
required '~' ~s
:.
PROJECT GOAL
Nexte s gOal isto improve the"capacity and quality ofcoverage in an environmentally
sensitive manne.r, consistent with the policies and ordinances of St. Lucie County. The
imprOved coverage will 'extend along 'the north/south US I, A1A, St, Lucie County Airport and
Indrio. ~ -
PROJECT JUSTIFICATION
NeCeSsity and/or Desirability of Proposed Project
Inc. l.~as strong customer demand for continued 'quality mobile
radio/cellular radio 'services in southeast Florida and particularly in the City of Pompano Beach.
Nextel radio frequency engineers have identified a pressing need, for a cellular telephone facility
in this area of Pompano Beach to provide improved coverage along US 1, A1A. This neTM cell
site will do two' things. First, it will provide better two-way radio/cellular coverage and thus
facilitate better quality service to our present and future customers Secondly, it will offlo
the traffic ~from our Ft. Pierce center and D~ Veto BeaCh Sites. Both sites are loaded with the
maximum number of base radio. (BRs) units. Because of the traffic concentrated in the area and
· .
~margina! quality.of coverage in the .area, ouronly option is to "off-load t ~e traffic with a
new cell site. '
The proposed facility was .selecte:d after an intense investigatiOn of the-topographic
characteristics of the area, frequency.analysis, adjacent cell intercOnnection capabilities
(meaning "seamless.radio frequency hand-offs" from cell to cell)., existing co-location
opportunities Within and without the radio frequencY-search ring, ~-d most impoaantly land-use
compatibility.
Alternative Si ting' Analysis
:
In an effort to mitigat¢~the proliferahon of towers, it s Nextel-s pohcy to.always co-locate
when technologically feasible-~andreasonable lease ~angements can be negotiated,
PUBLIC BENEFITS 'OF-THE PROJECT- AN OVERVIEW
~ The Congress oftlle United States .has found that cellular radio services serve the national
interest, ~d directly or indirecfly~benefit all of its citizens. Through licensing a~eements the
Federal COmmUnicatiOns 'Commission (FCC) has established the desirabi!ity and need for
cellular telephone service, to facilitate telephone conversations between mobile units and the
existing telePhone.:System. The .wire!esS cellular system is intended to function as ~ extension
of the present telephone ne rk, ~and is intended to provide service for the entire nation. Nextel
Communicmions, Inc,, underits FCC ~-anted license .is mandated to provide cellular service to
the greater south Florida area.
~all.-d cells
The cellUl~~ telephone system divides the service ~ea into a grid system c e" ."
Each.cell :has:its .omi radio receiver and. low-power-transmitter. The size and location of each
cell is based on 'the m~ficipme.d VolUme of ~elephone ~affic in each ceil ~ea. From each cell
calls are sent by radio'-to_ and.~from tlIe mobile hand-held units, ~nd then routed., through the
public telephone system to fixed (land'line) telephones or roumd to other, cells and on to other
mobile units. A central .sw~rc ~ routes all of the .calls througl~the cellular system, facilitating
the "seamless hand-Offs" between cells as the hand-held mobile unit moves tln:ough-the cellular
service area.
Cellular telephone .services play .an important role in providing communications to
individuals, the business community and'to emergency service providers. In polls conducted
over the past fbw.years, it has been found that individuals p~chase cellular services primarily
for safety and :security reasons. It makes them feel safer when traveling for business or pleasure.
9-1 -I cellular phone calls from individual.customers (known as "Good Samaritans")'are
approaching 50,000 per .day nationwide, and about 50 percent of wireless users have called
authorities to report car trouble, medical emergencies, crimes, or drunk driving.
Business owners, managers and employees have commented on the increase in
productivity and better use of their time. Just as the standard'(landline) telephone facilitated the
. . 20th
growth of American bhSiness :in the~. Century, cellular communicationS has become an
in'dispensable 2 1'st C:entury tool of the modem business world.
Most importantly, cellular telephone services play an important role in providing vital
communiCations 'to relief and emergency workers. Cellular communications were extensively
used to provide'life-savin.g communications-during Hurricane Andrew and other natural
disasters around the country. In addition, police pmrol cars regularly use "mo'bile data
terminals" giving them fast wireless access to key information for critical ".on the spot" decision
making.
REQUIRED FINDINGS
As pro.pos:ed, the Conditional Use approval of our pro:posed telecommunications facility will
not be detrimental 'to the healthi safety, convenience or general welfare of persons' residing,
working or walking inthe vicinity of this cell site; nor will it be in injurious to prope~y,
improvements o~r potential development .in the vicinity. Once installed, the cell site becomes a
passive 'use.
CONCLUr~ION
Under its FCC license obligations to provide quality "enhanced specialized mobile
radio/cellular" telephOne service to the .south Florida region, Nextel Co.mmunications believes
the: location ,chosen in .St. LUCie County to be the most unobtrusive to the community and
equally satisfies the radio frequency requirements along US 1, A1A and St. Lucie County
Airport for s~,amless communlcat~ons to its: customers.
5_:TA. T REGARDING RADIO SIGNAL INTERFERENCE
The Federal 'Co.mmunicatio.n Commission (FCC) is responsible for the
assignment of cellular frequencies in such a way as to minimize the
possibility 'of interference with existing transmissions. These frequencies
are sufficiently spaced from other users so that interference will not
occur. For instanc'e, al! broadcast television frequencies are below 806
MHz. VHF and aeronautical transmitters operate below 30.0 MHz.
Nextel's base station operates within a transmit frequency, range of
851-866 MHz. Therefore, Nextel's .base stations will not cause any
significant interference with public safeD, co.m~munications or commercial
radio,, television or other Communications.
Nextel haS bas'e stations located nationwide and operates it's .network in
compliance'with FCC regulations. Should inadvertent interference occur
through equipment malfunction, Nextel will immediately take steps to
remedy the problem, as required by FCC regulations.
R-F Engineer
Next e 1 .South C orp:o ratio n
954ZTSZ401 T-014 P.OZ/OZ Job-083
JUN-lB-98 11:31. From,:NEXTEL ~-
Nextel
6700 N, Andre~ Avenue, Su~ 700
Ft. Lnuderd~le, FI_' 333G9
954 275-2400 FAX 954 275'2401
~fune 17, i998'
David Kc'fly
St. [acie Gw~ ~~gement l:~paxtmcnt
._
~nk you for t~v~wing our ~tional Use Approval and Major Sit~ Plan Approva~
To whh and wit~t the proposed cell site a~ part
dBm,~ ~in and. out.
, which means
network, Thcse rdtcs do nat
to show bow thc.
not providc
!,'appt~xitn~iy 5.miles f ~o~ AIA. St. Ludc Vilhgc, Indr/o.
tri~,.to use the MiCtowav= ~l~vica~ Co_ ~y's tow~
$~. Si~ pWbl~ ~ref~ ~ec~g &e q~~ of~~ '
..~
If y~-~d. ~k, ~ ~~fion, pl~ fell ~. to call. .-
..
.
Sincerely,
~ En~neer
RT
WALTON
FL~
~£ 7O.
z
WALTON
JUN-tb-l~ i~J:~J~J MUU~tUtN ~LKJ&/_U L~P(ULA~' ~bl /~1 ~'(t:g5
po~.~ F~x N~ 7571
49 FLAGLER AVENU~ 302
STUART, FLORIDA 34994
FAX (~61) 221.0788
..... .......... . ;~-~.11.~. I Ill Ill ............ i Il I ' -.. -.". .... im i ' ' ' I .Il I I., I ' .... . I ~1 I ~
.tune 15, 1.998
"Hand-Delivered"
Mr. ~~ Kelly
St. L ucie County
Growth Management Departme~
2300 Vi~a Ave.
Ft. Pierce, FL 34982
Re: Aero Communications/Affordable Storage
DCm: Mr...Kelly,
By thy way.o.f~s letter, I would l~e ~to provide you thc following:
1. COmputer generated phOtographs :displaying ~ews with and ~thout tower.
2. Statement g.mdio signal imerfcrCnee, signed.by :Nextel R.F. Engineer.
As I have previously discussed :and as e an be seen ~m the photo~vaphs, the monopole-is
gray ~ color. Aero 'Commu~eafions is designing the tower to allow a minimum of three
c~crs. As .you are aware, Nextel is currenQy committed to this facility. Aero
a ~ , . ~ ~,
Comm~ications is a tower company not. earner and therefore is m.the.b~ess of co-
locating~ ~ers on thek facilities. Under separate cover Mr. Petrie will provide a
struc~ plan for ~e proposed monopole.
The site: is currently.developed. The p~eter of ~e property :is outlined with a storage
building. The center of the site is impervious either on concrete or shell. The site-
elewttion drops ~from US' 1 to the .rear of the :property, Presently, 'the south property tine
is buffered wi~ native vegetation.and the north proper~ ~e.has native as well as exotic
vegetation. -- -
Unde~ separate cover you ~I be .receiving additional information regarding ,the ability
for N~cl to co-locate on cxi~g facilities, if you have any questions do not hesitate to
contact me.
SinCerely,
Donald J.
E/Docu~ell~s & Memo~8-024A'll K~II¥
LAND ~A~G - ~DSCA~ ~C~~~ - PRO~~ C~~~A~ON
~VE~~T AFFAIRS - S~~GIC P~G
TOTAL P. 01
PAGE 85
85/18/199'8 1'3'20 1-'954-~,-"-24!83 NEXTEL RF ENGINE~ PB
..
.
~The ]Federal Communicati.on Commission (FCC) ~ responsible for the
frequencies in such a way as to minimize the
assignment
of
cellular
possib:l'ty of interference with existing transmissions. These frequencies
are sufficiently spaced from othertelevisionUSers so.~_, _ ~:that interferenCeare belowWill 806not
occur. For instance, all broadcast ~requenues
a, · S
~[. and aeronautical transmitter 'operate below 300 ..Mttz.
's operates within a transmit frequency range of
Nextel.,. base station ~" s
~ iS
z. Therefore .Nextel base station will not cause any
~significant interference, with-public, safety communicafions~or commercial
'0
radx ,-television:or other 'communications.
Nextel has base stations located nationwide and. operates it's network in
com'pliance with FCC regulations. Should inadvertent interference occur
through equipment malfunction, N extel wffi immediately take steps to
remedy the problem, as required by FCC 'regulations.
R-F
Nexte .--
osed Telecommunication FaciliF
Line of Analysis
.,
Photo Locatio.n Map
P osed ~lecommun~cat~on Facility
0 ° ~
L~.ine ~f Stte Anal.~sis
Photo Location 1 without Tower
Proposed Telecommu .~ation Facthty~
Photo LoCation 1 With Tower
P~ os
'e
Line of $~t
Photo Location 2 without Tower
Telecomm
Facility
i.
Photo LOcation 2 with Tower
P~oposed TeleComm u ·
~ ' ·
Line ~Stte Analysts
Photo Location 3 without ToWer
osed Telecom
Line ~Stte AnalYsis
Fac
.,
:.
·
Photo LOCation 3 with Tower
Pr'oposed Telecomm unt~'catt'on Facility
L°-0 °
tn.e ~f Stte Analysis
:.': .'.,.:':':,
Photo Location 4 without Tower
P osed ~lecommunication actltty
Line of St're Analysis
Photo Location 4 with Tower
P oposed Telecommunicattbn
Ltne of Stte Ana~ s
l~~ctl, ty
Photo Location 5 without Tower
Le
Pho'to Location 5 with Tower
Jun 16 SB 02:31p Rero Communication S~stem (407! B57-B959 p.2
06/15/1998 13t2& 1-C]54-27 ,~. .] NEXTEL RF EN~ilNE PB P/~-.-.-.~ 02
Nex~
6700 N, Andm~ Ave~. S~e 700
R, Lauderdate, Ft. 33309
954 275.~400 FAX 9.54 27,~240~
~tm~e 16, 1998~
David
S~tLuck: Oro~,~~
2300 V't~ Avenue
Fort Pier~e, Flo~da =34982
Compmty's
e~ towm l~:ated at 61891~. Federal Hig~ay, reft t,l~g, ~t., ~,~ .
IntrUde ttm'~v~ge
~ ofom pm~ed ce~it~.
for Yom. dine.
"O,
Consultlng Engineers · Land 8urveyOrn
P.O. BOX 13380-- FI. ~oe, ~L a~a?e.azeo
(581) 464-3537 · F~ (561) ~4~7
Sun¢ 16, 1998
Job N°. 9803.9
VIA FAX TO (407)$S?-8959
Aezo Communication Systems, Inc.
Mr. ~ A."Pctronc, PreSident
14600 potnnow Trail
Orlando, Ft. 32837
Re: St. Lucie-Coumy tower.site
North U.S. l
Dear Mr. Petronc:
The fOllowing info.ion is: m ~nced w tha~ Aero Communi~tion Systems' tower ~tc
on North U:S- I i~ This letter is a revision to ~c
System~ on June 12, I998. The
eiie .(Per Site Plan) to the existing residenee
26t.9 feet. This infommtion is ~ on a
8. 1,998. By original' sig~turc
y o£ this infonnatioh.
' ':5
Ifyou should.have 'any questions regarding th, or require timber.information, please feel
~: to contact m~.
Sincerely,
CULPEPPER & TERPENING, INC.
RichardC. Lavemure -
Fle~rida ProfeSSional Land Survcyor'Number 5209
Dir~m'tor ofSurveying andMapping .
RCldrcl
C: Mr, Don Cuoz~, via Fax to (561) 221-0788
Rero Communication S~stem
Mr, '~nie Pelzone
Aero CommUni~tions
14600 PotanoTM Trail
Orlando, FL.: 32837
Ph: (407) 857'~55
Fax; (407) 857-8959
125' MonopoIc for Aero Communi~tions, St. Lucie Co,, FL
Dear.Mr. Pe~ne:
TI~ts letter ts to certi~ ~at :tile 125:' 8a. tv~~' 8ray monopo!e, St, Luele Co., FL .is desig~cd .in
neoord~ce with .AN$Ij~~'222-F nad ~e Standard Bulldin~ Code fo~ a basic Wind speed of 105
mp!t wind ~pottin8 antennas as ,follow:
3 Carrte~ (~ 12 antennas each
·
Tbc~c antennas nrc repre~nt~ive of typical 'anlenna arrays for operators and therefore meets the
mtmki :lipa. ~'s",mt'ui~ents of; supportS,: 'multiple .':rOP~mrS' Additional antennas/, appurtenances, may
be ~ded if~e actual .arraYS i~stalled differ from .those list~ above,
Ill' oali be of further ~ce-or pl~ovide additional information please do not bositatc io con~act mc,
Sincerely,
Robert E; Kramm
Jun !8 88 0~:32p Rero Communication S~stem (~07) 857-B959 p.5
June 16, I~8
Mx, Emic Pctwrm
Aero 'Communicatiom
14600 PotanoWTra/I
Orlando, FL~ 32837
Ph: (407) 857~55
F~: (407)857-8~59
t2. Monopolcfor Aero Communications, St.. Lucic Co., FL
Dear Mr. Petrone:
FWT is ~themonopole designer for Aero Communication's proposed 125 fi. structure in it. Lucie
Co., FL, FWT has been supplying communications structures for the past 39 years, and has
personnel on staff wi~ more. than 20 yeats ~of design experience in similar structures, This
monol~lc is ~th thc Electronic Industry Associadon's-~
which is an approved national .sumdard/'or the 'design of
steel anienna ~art structures.
Thc EIA stand~ (~d-the ~erican Society of Civil Engin~rs Spocification ~ from
which it was dcrlved) has taken published data of record~ wind speeds and propor~oncd them
to geographical locales according to a mcan occurrence of once evary 50 years. This monopot¢
is desi which meets the minimum recommended basic
area. This .~nd speed is mcasurcd~at a height of 33' above
of thc monOpole, Horizontal pressurcs arc calculated
fi,om theSe~wind speeds and structure. The member stresses
in accordance wi~ the
mart, ira a~ainst member
h should be noted that by the time there is a wind induced failure of the monopolc, all
surrounding man,made structures, buildings, trees, cars, crc. have already been destroyed.
Fail~ of communication structures have historically been very rare, and collapses of
monopolcs have been virtually non-cxistcm. Barfing acts of vandalism or impact from flyin~
debris, the monopOle should :s~iv¢ any storm in this location if maintained properly. In .the
Jun 1G 9,B O~:3~p 8ero Communication Sus~em [~07]
Jun.16, 19'98 9'52AM
BS?-B959
C~2t00 ~. 4
Unlikely evcm that et failure Should -hap~n, thc section of',hc mast-with thc hi.cst strc~ ratio
would bUCkI¢,r resu~ng: in ,the portiOn of the monopole above this, level to swing down and
"hang" from this level, OnCe the ~ portion is,no longer upright catching thc full force of thc
wind, stresses in thc lower portion are.rel~ed, iilc~by prcvcntin$ ~ failure.
Duc to thC: lack of data from monopole collapses, it is-difficult to predicf a safe radius in which
all details would.land'. From the analysis above ii can ~be concluded that the de~ would fall
within thc height ofthc portton of thc pole tha~ would "break.off".
I hope that this will answer all your questions about the monopole's design, and that n favorable
decision will be reached regarding the monopol¢'s consm~tion. If additional informaIbn is
required, or if we can .be of further s~rvi¢~,.plcasc feel frcc to contaat the und~sittned at your
convenience.
Ro~rt E. Kremm
R~tjm
TELEPHONE (561) 489-490.1
BRU'CE R..ABERNETHY~, JR.~ P.A.
ATTORNEY AT LAW
900 VIRGINIA AVENUE
PROFESSIONAL CENTRE, SUITE 6
FORT PIERCE-, FLORIDA 34-98'2
---- ST. Luct_E~ COUNTy. FL
TELEFAX (561 ) 489-4902
June 5, 1~9.98
Donna Calabres.e, Chrairraan
St. L]ucie County Planning
and' ,zoning C°~.'~ission
2773 S.E. Howell
Port '~
ot, Lucie, FL 34.952
Use Ap-p. roval
Your Reference .No. CU-98 0006
Dear Ms..Calabrese:
I have been retained by Aero C
ommunication Systems, Inc.
(hereinaf:ter-~,~Ae, ro ~Communication.." ) to .represent that entity in
conn t.s petition for...conditiOnal ulse,. approval.
ion'.s, for conditional use is schedUled to
be St, Lu"c[e CoUnty Planning' ~' .and.. . ~Zoning
at r.. on 'June'-18, 1.9.98.
was: .led to be by the Planning and
on 21, 19.98, but at the st of' ~t.he
and zoning
meeting.
Z
Pe oner. and With the consent of the
C sion., the matter was continued to the June 18,
Aero
has al. so filed a petition for a variance
At this .past Tuesday'.s Board of Count~' CommiS'sion Meeting, two
St. Lucie ~.County residents, William' ' and Jeanne Hearn, objected~ ~ to
the Planning and Zoning ' · ,
Co~ss~on s consideration of the Aero
Communicati°.n petition at the June I8, 1998meet.ing" · Their
obj. ections were raised as an unagendaed item, and Aero
Communication· was g..i..ven no notice that the matter, would be brought
before the Board of County Co~ssioners. As a result, Aero
'Communication was not able to participate in~ the ensuing
deliberations, either by representative in person or in ritzng
W · · -e ·
Apparently 'Mr. and: 'Mrs. Hearn requested that the Board of 'County
Commissioners further delay the Aero Communication conditional use
review-proceeding because they ~would be unable to attend-the June
18,. 1998 Pi.arming and CommissiOn meeting in person due to
prearranged travel plans. The Board of County. Commissioners, 'after
the Hearns request, and without receiving any input'
from Aero Communication voted to request that the Planning and
June 5, ~998
Page 2
Zoning Commission continue the matter to a meeting date that the
Hearns would 'be able to attend.
The fact of' the matter is that if the conditional use 'petition'
is continued by the Planning and Zoning Cohesion for yet another-
month, that wOUld push the~ County Cohesion meeting for final
approVal into August 1998. This further delay is not acceptable to
Aero Communication, as Such a delay will directly impact upon the
V ~ 'm~ e= .
zabii, zty of the ect and will cause Aero Communication to fail
to meet c ~ ..... _ _
~ er~..a~n .commitments that it has made relative to. this
project.
Accordingly, despite the Board of County Commissioners'
request that the ~Planning and ZOning Commission continue the matter
to a later .date so. ~that the Hearns may attend the meetinq, I would
ask that .this commissiO~n review the Aero Communication p~tition as
scheduled and make a recommendation to the Board of County
Commissioners so that the matter may be heard by the Board of
CoUnty Commissioners at its scheduled July 21, 1998.meeting. Mr.
and M~s' Hearn. Were present at the May 21,. 1998 meeting befOre the
Plann zoning Co--lesion at which this matter was postponed
and ~to a date certain. ThUs, the fact that this matter
will be considered on June 18, 1998 should be of no surprise to Mr.
a. nd~ Mrs. Hearn. If Mr. and ~s.. Hearn are unable to make 'the
m ~m~ . ~ · ·
eetl~lg due to 'a pr~or.commitment, they may submit their com~-.ents
in writ.lng or hay& their Comments presented by a representative,
Quite frankly, in all of my years of practice before the
Planning ~and Zoning Commission and the Board of Cou .nty
Commissioners ~on land ~use matters, I cannot recall a meeting being
postponed at the reques.t .of any party other than the Petitioner
with the concurrence of the acting body.
- While I am Cr~'rtainly respectful of any action or
made by tho St. Lucio COunty Board of County
Commissioners, in this case, I belieVe that the recommendation was
made without full knowledge of the facts involved and without .an
of the impact that the resulting delay would have
upon my client's pending pet'ltJ, on.' I feel compelled to write this
letter to you, with a copy to the parties who are interested in
this matter, to assure that all members of the Plannin and Zoni
c°mmission are aWare that Ae · , g , ng
ro Commun±Cation objocts to any furthor
continuance of this matter and wishes for the Planning and Zoning
Colnmission to consider the matter and make its recommendation on
June 18, 1998 as scheduled.
June 5, 1998
Page 3
.If you have any .questions or wish to discuss this matter prior
to the meeting, please do not hositate to give me a call.
Thank you 'for your conSideration in this matter.
Sincerely,
B~ e nethy, Jr.
BRA/j lb
cc: Mr. Doug Coward
.Mr. Edward .LOUnds
Mr. Stefan ~Matthes
Mr. Carson McCurdy
Mr. Ed Merritt
]Mr. Albert MoOre
oski
]Ms.
Mr.
Corem
John d. Bruhn
n ~ Sattler
~Paula A. Lewis
D. Charl~e s
(2 siOner iff Barnes
Mr. and William Hearn
Mr. Ray '.ny
Mr. felly ~--
Mr. Don CuOzzo
Mr. ErneSt Petrone
Mr..DOug AnderSon
Daniel McIntyre, Esq.
PUBLi
WHOM ITMAY CO~CERN~
·
Comm~o a~ ~.~oU~a,~ ,corn~ Ii
27; thence.North
il
.the east
distance
ClS rfoJJoWs:
PLANNING AND zoNiNG
' COMMISSION
ST. 'Lu¢te County,~Florida
/S/DONNA'CAj. ABRESE,
, · . ... Chairman
.Pub.~ June :5,- 1998". ' ': '
ST. LUClE COUNIY PLANNING AND ZONING.COMM~
PUBLIC HEARING AGENDA
JUNE 18, lr998
TO WHOM IT MAY CONCERN:
NOTICE Is ~of
and In. accord-
ance ~ie County Comprehensiv~
Plan, ' that fhe
c~r
for a Change in
4 dU/acre]
'District for the roi*
LOT
·
·
'Cz 111 Zoning
District
MORE
86':
3. Marlin-Nc~. al, has.petitioned St. Lucle C.ounly fc~r-a Change
in Zoning ,from 'll~e :AR.*1 r(AgdcullU~al, Residential ' 1 du/aci;e)
Z .ontng D.isl~t to the 'CG {Commercial, General] Zoning District '
for ~ following de~-'flbed properly: . .. ' ..'
~:..6. TowNs~P, .~ ~~. RANGE 40 EA~, wHrrE c.~'!
SELVI1Z~'..ROAD. RIG. HT~...WAY ~D' 'LE,~"TO "MIDWAY ROAD'{
~-OF,WAY ~ iN OR 44, .PAGE 445 (3.85 AC} [MAP 34/05N]
[OR 524-793:933-2178] [3403'502~1~~1]
:
and West. Midway .Road}
-. ..
·
4. ~:~k~ System, ~nC,,. has petitioned St. Lu¢ie
County.~..fo~ a .C0ndttlonal Use ~Permit to allow'a 125 fo0{':'
rn<~~e ~municatl0ns Tower 'in the CG (Commefciai:,:
General) Zoning Distrtct for. the following described properly:
..... ..
· .
mE NORmEASr 1/4
EAST, RUN
~ FEET TO A
200.00
PUBUC HEARI~ will be held 'in Room 101, St. Lucte. County
Administration Building, 2300 Virginia Avenue, Fort Herce, Flori-
da on June 18, '1~8, beginning .at-7:00 P.M. or as .Soon there-
after as posslble. ,
PUR~ TO Section 286.0'105, Florlda Statutes, if a person de-
cides, to appeal' any decision made by a 'board, agency, or
comm..~, i~ .on with re~ to;any m1:rlter Considered at a.meeting
or heafl, n.g,' he will need.' ' a record of the 'Proceedings, and'
lhat, fBr'SuCh Is~rpo~e,:'l~e'may;need to ~re that a verbatim'
record of the !proceedings Is made, which record Includes ~
tesfl~fiy ar~ evidehBe Upon Wtllch the ap. pe~. ! Is to'be
'PLANNING AND ZONING COMMISSION
ST. LUCIE COUN1Y,'FLORIDA
/S/DONNA CALABRESE, CHAIRMAN
Publish:;Jur~. 5, 1998 '
..
CONTAII~ING 3.60 AC~, MORE OR LESS.
tion of Resen~ 'Boulevard .and Commerce Center Drive (under
conslmc~] ]
TELEPH ON E (~; 6 I) 489-4901
BRUCE ~R, ABERN£T~HY, .jR., P.A.
ATTORNEY ,AT LAW
900 VIRGIN IA AVENUE
PROFESSIONAL CENTRE, SUITE'6
FORT PIERCE:, FLORIDA 349e=~
June 16, 1998
TELEFAX (561) 489-490:~ .
HAND DELIVERY
Donna Calabrese, Chairman
St. Lucie County Planning
and Zo-ning Commission
2~773 S.E. Howell
POrt St. LuCie, FL 34952
Re: Aero Commu. nication Systems, Inc.
File No. cU-98-006
Dear Ms. Calabrese:
· Enclo.~ed you will find l~et.ters from Don Cirrito and Patricia
Burney indicating their respective apProvals of the proposed Aero
Communication Systems, InC · · communications .tower at the
Affordable Storage site. I trust that these 1 made
part of the permanent file.
Sincerely,
BRA/jlb
Enclosures
Bruce hy, Jr.
June 15., 1998
Donna Calabre.se, Chairman
St. LucieCOunty Planning
s'
and Zoning Commis~.on
2773 S.E.' Howell
POrt St..Lucie, FL 3'4952
Aero CommUnication Systems, Inc.
File No- CU-98-006
Dear Ms. Calabrese:
Ii am to you.in reference to the above referenced
Petiti. on. ThePe' relates to properties which are owned by my
father"who liVes out of state. I am the manager of this Property
and have aut .to represent my father as landowner· I am
writingtO con that neither I nor my father have any objections
to Aero CommunicatiOn-:s proposed construction of a ications
tower upon the property. We have reviewed the propos plans ~and
the siting 0f d tower and find that the'proposed siting
will not inte 'our future plans to utilize the
for a storage facility. ' In fact, the sed tower 1 .on is
the only location upOn.the property whi may acco~odate the tower
withOut interfering With our future Plans for the utilization of
the property.
In addition, please note that there is a reSidenc.e located
upon the property which serves as the temporary residence for our
on site manager who occupies the.residence for on-site security
reasons. It is our understanding.that ~4our on-si.te...~.manager~ .... Das
written to this Board ~onfirming that he has no objection to the
proposed tower site location.
Thank you for your favorable consideration to this matter.
n Cirrito
June 15, 1998
Donna Calabrese, Chairman
St. Lucie COunty Planning
and' '
Zon~.ng Commission
2773 S'.E. Howell
Port St. Lucie, FL 34952
]~e: Aero "
Communication Systems, Inc.
File No. CU-98-006
Dear Ms. Calabrese:
I am the on-site manager for Affordable Storage. One of my
] b duties is to live in a r..sidence located upon the Affordable
StOrage property to lprovide on-site security.
I understand that Aero. · 'Communication Systems, Inc. has
petitioned for approval to locate a communications tower .upon the
property. I am writing to inform you that I no
objection to the proposed location of a ~communications tower upon
the property.
Sincerely,
May 16, 1998 -
C
cOMMUNITM DEvELOpMEi~T- !
ST,,LUC!E.COUNTY~ Fi
Attn. Planning and Zoning Commi~ion,
This letter is to inform you that we are very. much against Communication Systems, Inc.
receiving a pemit [or a~ tower at 5014 North U.S. 1.
..Our home and our business are both :located across from this property, that means We'will
have to look at it' ~erg day.
We would like to see more improvements to'North U,S. 1, and a communicate'on tower
will .definitely not :help.
Another one of our concerns are the health risks beli~ed to be associated With these
tOwers.
There :is a communication r~OW~~ 2 miles north of us, why do we need anOther-one that
close., and why not in a location less. noticeable, 'like and industrial area?
Arne and Annalise Hedal
4957 North U.S. 1
Fort ~PierCe, Fl, 34946
Danish Furniture, Inc.
4955 North U.S. 1
Fort Pierce, Fl. 34946
-COMMUNITY DEVELOPMENT
....... ST. LUCIE COUNt, FL .....
'
5045 Tozour 'Rd.
'Ft. pierCe,FL 34946
Community Development Dir~!~or
Mr... Raymond Wazny
Board of :County CommiSsioners
2300 virginia AVenue
Fort Pierce, Florida 3498~'6§'2
Dear S ir; .
costumery
_~ $I. LUCIE COU. NTY, F___L.
I reside at 5045 'Tozour. R~d and wiSh to oppose any Communi~ik~:iO~
Tower near my residence.- :i ~.:.' only live approximately 800 ft. from'
where this LOwer 'is t0 bei~i?i ~°cated" .' ' '
.
I ,do not have. cable. ~ bemuse we
do-
:have
it
available
These co~~icatLon tow~!!!~,:'.ruin TV reception making 'it all. sno~
and a~ost imposSible t0...~tch~ ~ is. my main so, ce of enter-
tai.~enb.I' will c°nsi moving if this.bower, is built.
AlSo, my neigh~r is after a tower fell across the
street a~osb ~hitt~ng
'~'... F ,,.
.
co sid ¥.my , j,'co ents: I wOu d Ver apprecia-
If
kindly
you
Yours -truly '
i~:: :: ::'..: . : :::
-
:,.; ,, :.,::.,: ,: ..:,'-...:: .~, ::: ',: :: ;: ,: ;~ :: ,;~{~
":',:':; ;: :::' :::::;;;'-: ', :": :' ::;' :; :: :: :: :;:~:;;;:::::::: ~ ~::::~
:i:: :': :!:i:!:::i: '. ". :!'::i:' F:: :~:::i?: !::
: .... , ,,,..:,,.,... ,,, ,. · ,,-,~;~,,
i ':::',: L'...,' ..: ':,
':'. :,:,'i' ':i. :,.:-'::':
::"::": '". ': ..... : i!?i:
?" ,. ·.. :::.
,
":,'-',' ..... "',-: .":, ,iii
...... .... · ., .. ... ::.: ::::', :' ::',: :: :::i.!
.~!'
June 5, 1998
In accordance With'the.St. Lueie-Cotm~ ty'Land Development'Code, you ~e hereby advised that Aero
~. :petitioned .St. Lueie County for a Conditional Use Permit 'to
Tower in the CG (Commercial~ General)Zo~ng
(Location:
'5014 North U.S. 'Highway No- 1 (Affordable ,Storage))
THE PROPERTY"S ,LE -.DESCi~,PTION .IS AV~L~LE UPON ~QUEST
The , June l& 199& at 7:00 P. M.,.o
as~Soon thereafter Sa Lucie Coun~ Administration BuiMing, 2300
AIl interested persons will be given lan oppo to be
.Florida. received in advance of the public hearing will also be
heard at that time
considered. Wfitten'c0mmen~. to the Pl~ng and Zoffing Commission should be received by the
County Planning Division atle~t.3 ~days prior to,a scheduled hearing.
Planning and Zoning Commission '.and
Co case:outside of the scheduled public .he~ng(s). You may.spe~
public he~ng, orpmVide ~ttencomments for the record.
party to
he~g upon request.--
98-006.
Sincerely,
upon whch the :appeal is-m be'b~ed. Upon.the'r~uest.of any
will .be.sworn in. to the
to cross-exmine any individual a
a public he~g may be continued to ~a date,certain.
·
parcel, please fo_~ard this notice to
:yoU.have any questions, and refer to Fili~ Number CU-
ST, ~D ZONING COMMISSION ~
· '"',T't~L ' ,. · · , , , x , , .. . , . , .
JOHN D. B~UHN. ,is~ri'c, ,o.' ~® ~EN'S~ER, Dis, d:, No. ~' .~AUi~~"S, D:~ C"~® 'C~¢E~
2g00 V~rgiaio Avenue · Fo~ Pierce, Fk g4992,5652
Ad:mi'nistmtion} (561:~'462-1590 '- Growth Management: (561) 62-1553 ' /
/~~
-
. ,