HomeMy WebLinkAboutApril 16, 1998St. Lucie County Planning and ZOning Commission/LoCal Planning Agency
Regular Meeting
i ' -
St. Lucie County Admin stration Building Room 101
April 16, 1998
7.0
. 0P.M.
CALL TO,ORDER:.
A,
Pledge of Allegiance
Roll Call
Announcements
AGENDA
AGENDA ITEM 1:
MINUTES OF THE MARCH !9, 1,998,, MEETING
ActiOn Recommended: Approval.
Exhibit #I' Minutes of March 19, 1998, Meeting.
AGENDA ITEM '2:,,,
~FILE, NO; ORD-98-006,, ORDINANCE 98-006
Consider Ordinance 98-006, which proposes to create Chapter 1-5 of the St. Lucie County Code
and Compiled Laws for the purpose of promoting safety in and between boating, swimming and
other water related use and activities in the County. Staff comments by Dennis Murphy.
Action Recommended' Forward Recommendation to County Commission
Exhibit #2: Staff Report and Draft Ordinance
AGENDA ITEM, 3:
FILE NO. RZ-98-001, .CARTER'S GROCERY, INC_-
Petition o:f Carter's Grocery, Inc., (Edward Becht, Agent), for a Change in Zoning from the
AG-1 (Agricultural - 1 alu/acre) and CN (Commercial, Neighborhood) Zoning Districts to the CG
(Commercial, General) Zoning District. 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-98-007,. INTERNATIONAl,
FOUNDATION TRUST
A~,ZHEIMERS
Petition of International Alzheimers Foundation Trust (James Consentino, Agent), for a
Change in. ZOning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the
I (Institutional) Zoning District. Staff comments by Hank Flores.
Action Recommended' Forward Recommendation to County Commission
Exhibit #4' Staff Report and Site Location Maps
Planning and Zoning Commission Agenda
April 16, 1998
Page 2
OTHER BUSINESS:
Other business at Commission Members' discretion.
Next regular Planning and Zoning Commission meeting .will be held on
Thursday, May 21, 1998, in Room 101 of the St. Lueie County Administration
Building.
ADJOURN
NOTICE: All proceedings before the Planning and Zoning Commission/Local Planning Agency
of St. Lucie County, Florida, are electronically recorded. If a person decides to appeal any
decision made by the Planning and Zoning Commission/Local Planning Agency with respect to
any matter considered'at such meeting or hearing, he will need a record of the proceedings, and
that, for such purpose, he may need to insure that a verbatim recOrd of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is based. Upon the
request of any party ~to the proceedings, individuals testifying during a hearing will .be sworn in.
Any part3~ 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 $61/462-1~86.
PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY
ST. LUCiE COUNTY, FLORIDA
MARCH 19, 1998 - REGULAR MEETING
MINUTES
BOARD MEMBERS PRESENT: Ed Merritt, Stefan Matthes, Ed Lounds, Tom Whitley, Donna
Calabrese, Diana Wesloski, Albert Moore, Carson McCurdy,. Doug Coward
OTHERS PRESENT: James Lancaster, Assistant County Attorney; Ray Wazny, Community
Develop~nent Director; 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
ANNOUNCEMENTS: Mr. Flores stated that the Planning and Zoning Commission has two new
members appointed by the Board of County Commissioners, Mr. Carson McCurdy and Mr. Ed
Lounds.
Chairman Calabrese welcomed Mr. McCurdy and Mr. Lounds to the Board.
APPROVAL OF PLANNING AND ZONING COMMISSION MEETING MINUTES -
REGULAR MEETING OF FEBRUARY 19, 1998
Chairman Calabrese asked if there were any additions or corrections to the minutes.
There being no-additions or corrections to the minutes of the February 19, 1998 meeting,
Chairman Calabrese asked for a motion. Ms. Wesloski made a motion for approval, and it was
seconded by Mr. Moore.
Upon roll call, the minutes were unanimously approved.
Chairman Calabrese explained the Planning and Zoning Commission hearing procedures.
PUBLIC HEARING
AERO COMMUNICATION SYSTEMS, INC.
FILE NO. CU-98-001
Chairwoman Calabrese noted that this hearing was continued from the February 19, 1998,
meeting.
Mr. Mike Picano presented staff comments.
Mr. Pic~no stated that he was presenting the application of Aero Communication Systems, Inc.
for a Conditional Use Permit to allow a 450 foot radio communications tower in the RS-3
(Residential, Single-Family - 3 du/acre) Zoning District.
Mr. Picano stated that the subject property is located on the west side of Swain Road,
approxirnately 1,000 feet north of White Way Dairy Road and immediately adjacent to Canal No.
36. The surrounding zoning is RS-3 (Residential, Single-Family - 3 du/acre) to northwest, north
and northeast. RM-5 (Residential, Multiple-Family - 5 du/acre) to the south. RS-2 (Residential,
Single-Family- 2 du/acre) further to the west.
Mr. Picano stated that on March 18, 1998, the St. Lucie County Board of Adjustment approved
by a vote of 3-1, with one member absent, to approve a variance which would allow the tower
to be constructed within 500 feet of residentially zoned property. Ordinance 97-023 allows
telecommunication towers as conditional uses in RS-3 Zoning, subject to the Board of County
Commission approval.
Mr. Picax~o stated that staff finds that this petition meets the standards of review as set forth in
the Land. Development Code and is not in conflict with the Comprehensive Plan. Staff
recommends that you forward this petition to the Board of County Commissioners with a
recommendation of approval.
Chairman Calabrese asked if there were any questions for staff.
Mr. Merritt stated that he had been contacted by one of the members of the petition and would
like to go on record stating such.
Chairman Calabrese asked Mr, Lancaster for direction.
Mr. Lancaster asked Mr. Merritt to-acknowledge the content of the communication.
Mr. Merritt stated that Vernon Smith called him today and asked Mr. Merritt if he had received
the package and if he had any problems or comments.
Mr. Lancaster stated that the package should be made a part of this proceeding.
Chairman Calabrese asked if there were any questions for staff.
~. Coward Stated that this is the first tower presented before the commission since the ordinance
was approved and it is a conditional use in a residential area.
Mr. Coward asked staff if they could provide detailed information regarding the review process.
Specifically could staff summarize the key issues of visual impact analysis that is required, the
inventor, ir of existing sites and supplemental review information.
Mr. Flores stated that in this particular case staff looked at the existing and future uses in the
area. The area is currently used for grazing of cattle, it is not heavily populated, and there are
no residences within 750 feet of the proposed location of.the tower,
Mr. Flores stated that Mr. Picano mentioned earlier the Board of Adjustment granted a variance
for 500. foot from residential' based on the agricultural zoning of the property.
Mr. Coward .asked staff if a visual impact analysis was submitted Or was this covered because
there is not a residence located within 750 feet.
Mr. Pica:ao stated that the Board of Adjustment reviewed several photos of the property taken
· from different angles.
Mr. Coward asked staff if they reviewed the photos and are comfortable with such.
Mr. Picm~o stated yes.
Mr. Coward asked if the inventory of existing sites was addressed.
Mr. Flores stated yes, staff has a map showing the existing .locations of towers. The subject
tower is fbr a radio station communications tower and there are certain zones where a radio tower
could be located, Subject to FCC & FAA regulations.
Mr. Coward stated that there are no alternative sites and no possibilities to co-locate this tower.
Mr. Flores stated that is correct.
Chairman Calabrese asked if there were any other questions of staff.
Chairmart Calabrese asked if the petitioner would like to address the board.
Mr. Don Cuozzo, Houston Cuozzo Group, Inc., addressed the board. Mr. Cuozzo stated that
Houston zuozzo has a division that specializes in cOmmunication toWer approvals. He stated that
the oWner of' Aero CommunicatiOn, and a RF engineer are also present to answer any questions.
Mr. Cuozzo stated that the siting: and regulations.of towers is extremely regulated for something
that makes no noise, does not have. a traffic problem, and does not create pollution. He stated
that it is a four legged stool that creates the base for these locations.
Mr, Cuozzo stated that this particular tower involves the FAA due to the height of the tower,
the FAA does not want it in the flight path of the airport, therefore, making this an immediate
limitatiOn as to where the tower can be placed.
Mr. Cuozzo .stated that the FCC is 'involved when you have a radio station facility. The FCC has
a few reqtuirements, you have to be able to cover the area for which you are licensed, and you
cannot create 'interference with other FM stations in the area, that being the second leg.
Mr. Cuozzo stated that the third leg is contacting the local government to ascertain zOning
districts, is it a conditional use or a permitted use, and find land which meets these requirements.
Mr. Cuozzo stated that the final leg is you need a willing land owner.
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all four of these or the s te doesnt work, it is a ve~ difficult process.
He stated he must have
Mr. Cu°zzo- stated that the tower will be constructed for "THE FLAME" (WFLM) and other
users such as cellular phones and is in a very appropriate location.
Mr. Cuoz:zo stated that to answer Mr. Coward's question, he can't move the tower, he has located
the tower on the property as far as possible from residents in the surrounding area. He stated it
is very difficult to Place a 450 foot tower on a computer generated picture, so he took
photographs looking north, south, east, and west and provided a cOpy to each board member.
Mr. Cuozzo stated that the photographs represent an area that is very sparsely populated and there
are some residents in the area who are more than 750 feet away. He stated the property is zoned
residential[ so no matter where the tower is placed on the property it could not meet the ordinance
without the Board of Adjustment granting the variance.
Mr. Cuozzo stated that they were available to answer any questions regarding radio frequencies
and the application. The 'FCC provides the area which is available, then they have to work with
the FAA, the County, and find a willing land owner.
Mr. Coward asked Mr. Cuozzo what size area the FCC determines that you go into.
Mr. Cuozzo provided a copy of the map outlining the area.
Mr: COward 'stated that you can locate a tower anywhere within the triangular shape.
Mr..Cuozzo stated that is correct, but very misleading, it is one of the aspects of the FCC. He
stated that in the top quadrant you will see the airport which makes it very difficult to site a
tower. He stated that: the proposed location is within 1/2 mile ofi-95, they are negotiating with
Cellular companies as this tower will accommodate cellular carriers to be added, which should
help reduce other 'facilities being used in this area.
Mr. Coward asked Mr. Cuozzo'if he was stating that there is no other zoned property that would
be a permitted use in this large .area that also meets the other requirements.
Mr. Cuo:,,zo stated that is correct.
Mr. Coward stated that the property in question is zoned residential, although it is currently being
used for agricultural purposes. He asked staff if there is a potential to build houses that may
encroach within that 750 feet and would there be a detrimental affect on those properties.
Mr. Cuozzo stated that he would be happy to answer that question.
was familiar with Martin Downs.
He asked Mr. Coward if he
Mr. Coward stated yes.
Mr. Cuozzo stated that Martin Downs (which had been a dairy farm) has a 350 foot tower that
is 75 feet across at the base. The development which is at the immediate base of.the tower was
the fastest selling residential development in the project wherein they actually named the golf
course "The Tower GOlf Course". He stated people are emotional about towers during the
approval process, but once'they have been installed they become part of the landscape of the area
and most people couldn't tell you where all the towers are in St. Lucie County.
Mr. Cuo~:zo stated that there have been a number of studies done that showed: 1) there has been
no detrimental effect on property values or 2) it did not slow down the sale of property. He
stated that these stUdies have been done all over the state for this reason.
Mr. Coward asked staff if there Would be any detrimental effect on the future development of
adjacent residential areas.
Mr. Flores stated that at present there are no residents within 750 feet, the character of the-area
has been and in.the near future will continue to be agricultural, non-residential type uses. He
stated there is always a possibility that someone may come in and want to build a single-family
development,
Mr. Coward asked in the event' of a single-family development, will it have a detrimental affect
on that property.
Mr.~ Flores stated that would be difficult to predict.
ChairwOman Calabrese stated that if people build after the tower has been constructed, that will
be their choice.
Mr. COward stated that the present agricultural use could very well have houses ina .closer
proximi .ty' in the future, he believes the board should be looking at the future use of this properS'.
Mr. Lorn[ds stated that there are two towers within a one mile radius of the proposed tower. Mr.
Lounds asked Mr, Cuozzo if they are conducive to the use of his tower.
Mr. Cuozzo stated no, one of the towers is overloaded and cannot support his client because there
is interference that would not allow the FM to operate properly. He stated his client is willing
to offer space on this tower.
Mr. Lounds asked Mr. CuoZzo if Aero Communication would be renting space on this tower.
Mr. Cuozzo stated yes, the Land Development Code requires that you build a tower that'will
accommodate other facilities, so by building a tall tower with capacity it helps eliminate the need
for additional towers. He stated that this tower will be clOse to 1-95 and with a new group of
cellular licenses coming out in the next month or so, they will be looking for space, along with
pagers.
Mr. Lo[rods asked Mr. Cuozzo if the owner has the option' to allow a particular person to rent.
Mr. Cuozzo stated no. He stated the code requires his Client to provide space and build this
n~
tower structurally, obviously they do t dictate what the price will be.
Mr. Cuozzo stated that the entire 43 acres is advertised as the legal description, however the
tower is in the top 10 acres of the parcel, north of Canal No. 36.
Mr. Matthes asked Mr. Cuozzo where is the nearest radio tower located.
Mr. Ernest Petrone, President of Aero Communication Systems, '14600 Potanow Trail, Orlando,
addressed[ the board. He stated the nearest tower is approximately one mile to the east,
overloaded, and approximately 500 feet tall.
Mr. McCurdy asked how close can you place towers without interference? Could you place two
towers on this site.
Mr. Cuozzo stated that he is siting a tower 400 feet from an overloaded tower on a piece of
property located at the comer of Port Lucie Boulevard and U.S. 1. He stated that it is possible
to get another tower on this site, it's not probable because the tower will be structurally sound
to handle most people who want to be in this RF ring.
Mr. Cuozzo stated that if there are any questions after the public, he WoUld like the opportunity
to answer them.
At this time, Chairman Calabrese opened the public hearing.
Mr. Odell TolSon, 1705 Swain Road, Fort Pierce', addressed the board. He stated that he is the
'closest resident to this tower and the access road is a canal rOad of coquina rock.
Mr. Tols~an stated that Port St.'Lucie has recently tumed down several towers and he has three
children 'the youngest of which is 6 years old who will be raised at the foot of this tower. He
stated that he would not have purchaSed his home had he known a tower would go in, he is not
against progress, he too has a cellular phone.
Mr. Tolson stated that if'yoU stand in his yard and turn a 360 degree circle you can count dozens
of towers. He stated that he owns the 30 acre parcel and the cows in the pasture next to the
tower, he is not concerned about the cows.
Mr. Olson stated that he does not want to 'raise'his family at the foot of a 25,000 watt, 450'foot
tower as it will hurt the value of his property. He stated that in regards to safety factors, they
tell you towers are safe, but he does not want to take that'chance on his family.
Mr. :Olson stated that he 'would appreciate the board not allowing this tower.
Chairmma Calabrese asked if there Was anyone else who Would like to address the board.
Mrs. Betty Pallas, 1709 .Swain Road, Fort Pierce, addressed the board. She stated that the value
of her property would be affected, she has no objections to community growth, and if this were
a housing project she would Welcome it.~
Mrs. Pall~as stated that she Spoke to ~rs. Van der Lugt, the owner of the property. Mrs. Van der
Lugt stat~d she Was not infOrmed of,this tower, that she would like to get out of the ten acre deal
she has rnade, but she .coUld not without a lawsuit.
Mrs. Pallas stated that she definitely does not want this tower in her neighborhood.
Chairman Calabrese asked if anyone else would like to address the board.
Mrs. Jemane Heam, 50.51 Toz°ur Road, Fort Pierce, addressed .the board. She stated that she
worked on the tower ordinance and during such time they were very concerned about residential
areas..
Mrs. Heam stated that her concern is the 'precedent this will set and she hopes the board will be
very careful if they recommend approval, that they state it is in a rural area. She stated although
she certai'nly symPathizes..with th~ nearby residents, the perception of having to live under the
fear is an. important issue. She stated whether towers are harmful to your health or safe,
perception is something we should all be considerate of. ..
Mrs. Heam stated that she is concerned about lawyers coming forward after this case, if
approved, using this as a precedence, perhaps comparing two residential areas, one in a rural area
~d one in. an urban area where there are a lot of residents involved.
Chairwoman Calabrese asked if there was anyone else who would like to speak.
Hearing no further arguments in favor of or in opposition to the petition, Chairman
Calabrese clOsed ~the public portion of the hearing.
Chairwoman Calabrese asked Mr, Cuozzo if he would like to address any of the concerns that
were rais~ed.
Mr. Cuozzo stated that with regards to additional traffic, these towers are visited less than once
per month.
Mr. Cuozzo stated that .they moved the tower as far to the north, and as far away from the
residential zone as they coUld on this piece of property.
Mr. Cuozzo stated that if you have questions about safety, the RF engineer is present who can
speak about radio frequency.
Mr. Cuozzo stated that this is a conditional use, you have to look at each one individually, they
do not set a precedent,
Chairmm.~ Calabrese asked the board if they had any further questions,
Mr. Matlhes asked staff if Canal No. 36 is active.
Mr. Picano stated yes.
Mr. Coward asked staff if they have in detail looked at all Potential properties that this tower
could potentially go on, and verify that there are no other available sites for this tower.
Mr. Flores stated that staff relies on the applicant to demonstrate the area in which the tower
needs to be located. Mr. CU°zzo previously stated, there are .certain zones the tower can be
located in and this property met the criteria he needed in order to locate his tower.
Mr. Cuozzo stated that there are four aspects of the siting, not just a piece of property. He stated
you need a large piece of property, on this particular site plan, the tower takes up almost 10 acres
with guy wires to give it the structural strength and the further you move the guy wires away
from the tower the stronger your facility.
Mr. Cuozzo stated that when you look at the map provided, the percePtion is just move it over.
He stated to find an area that is non-residential, a willing land owner, the ability to meet the
requirements of the FAA and FCC, particular this close to a major airport is very difficult.
Mr. Coward asked Mr. Cuozzo if he had mapping available as to how the process works and the
areas you are. limited to.
Mr. Cuozzo stated that .he provided the map earlier this evening to the board.
Mr. Coward stated that the map shows only 10% of the county, that is why it would be difficult
to say this is the most suitable site and that there no other properties zoned as a permitted use.
Mr. Cuozzo stated~ that he must comply with the airport and the FAA requirements, in working
with the FAA consultant they will immediately say yes or no.
Mr. Coward 'asked Mr..Cuozzo if he had an FAA summary map.
Mr. Cuozzo stated that he does not have an FAA map.
Mr, Moore stated that in response to Mr. Coward's concerns, it appears that the applicant has
gone through a lot of trouble to put this package together as a conditional use. He stated the
inquiry was made as'to whether or not there were alternatives, I believe if there were alternatives,
as a permitted, use, the applicant would be more than happy to go there, because the property
would be a lot cheaper and they wouldn't have to go through this process. He stated common
sense would dictate that they have exhausted the possibilities or they wouldn't be going through
this process and spending more money.
Mr. Coward stated that he certainly is not. a real estate appraiser, but residentially zoned property
may be less expensive than commercial and some other permitted' uses.
Mr. Moore stated that it is certainly not cheaper than agricultural.
Mr. Flores stated that towers-are permitted in Utilities; Industrial, Light; Industrial, Heavy; and
Agricultural-5.
Mr. Coward asked if there are .any agriculturally zoned properties within this area that have been
designated by the applicant as their zone. He does not believe so.
Chairman Calabrese asked what would be the pleasure of the board.
After consideration of the testimony preSented, including staff comments, the recommendation
by staff, comments of the applicant, in consideration of the public's statements, and the standards
of review as set forth in Section 11.07.03, St. Lucie County Land Development Code, Mr. Moore
moved that the Planning and Zoning Commission recommend that the Stl Lucie County Board
of County Commissioners grant approval to the application of Aero. 'Communication ~ystems,
Inc., for a Conditional Use Permit to allow a 450 radio/commUnications tower in the RS-3
(Residential, Single-Family - 3 du/acre) Zoning District, subject to the following Conditions:
o
The communications tower shall meet the setback standards of Section 7.10.23 of
the St. ~Lucie. County Land Development Code, or shall receive variances as
required.
2~
Prior to issuance of a building permit, permission for the construction of the
communications tower shall be obtained from the Federal Communications
Commission and the Federal Aviation Administration, if applicable.
The communications tower shall have a maximum height of 450 feet.
Mr. Matthes seconded the motion, and upon roll call the motion was approved 9-0.
Chairma~a Calabrese stated that the petition would be forwarded to the Board of County
Commissioners with a recommendation of approval.
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PUBLIC HEARING
RIVERVIEW OIL COMPANY, iNC.
~ SELF-STORAGE
FILE NO. CU-98'005
Mr. Mike Picano presented staff c°mmems.
Mr. Picano stated that he was presenting the application of Riverview Oil Company, Inc. for a
Conditional Use Permit and a Major Site Plan to allow a self-storage facility for household goods
in the CG (Commercial,' General) ZOning District.
Mr. Picano stated that the subject property is located on the south side-of Indrio Road
approximately 700 feet west of Kings Highway. The surrounding zoning is AG-1 (Agricultural -
1 du/acre) to the south, west, and northwest. CN (Commercial, Neighborhood) to the~West, east,
and northeast. RS-4 (Residential, Single-Family - 4 du/acre) to the northwest, north, and
northeast. I (Institutional) to thenorth and west. U (Utilities) to the west.
Mr. Picano stated that the CG zoning district allows storage facilities as a conditional use, subject
to Board of County Commission' approval. Staff finds that. this petition meets the standards of
review as set fOrth in .Section 11.07.03 of the St. Lucie County Land Development ~Code and is
not in conflict with the Comprehensive Plan. Staff recommends 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.
Chairm~a Calabrese asked if the petitioner would like to address the board.
Mr. Steve Snoberger, 1708 21 st Street, Vero BeaCh, Agent and Engineer for Ray Shurtleff, owner
of Riverview Oil Company, addressed the board. Mr. Snoberger stated that he is available for
any questions the board may have.
Chairmma Calabrese asked if there were any questions for Mr. Snoberger.
At this time, Chairman Calabrese opened the public hearing.
Hearing no further arguments in favor of or in opposition to the petition, Chairman
Calabrese closed the public portion of the hearing.
Chairmaaa 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 Section 11.06.03, St. Lucie County Land Development
Code, Mr. Whitley moved that the Planning and Zoning Commission recommend that the St.
11
Lucie County Board of County Commissioners grant approval to the application of Riverview
Oil Company, Inc., Self-Storage, for a Conditional Use Permit to allow a self-storage facility
for household goods in the CG (Commercial, General) Zoning District.
Mr. Merritt seconded the motion, and upon roll call the motion was approved 9-0.
Chairma~a Calabrese stated that the petition would be forwarded to the Board of County
Commissioners with a recommendation of approval.
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PUBLIC ~HEARING
BETA CONSTRUCTION CORPORATION
FILE NO. CU-98-00~
Mr. Dennis Murphy presented staff comments.
Mr. Mmphy stated that he was presenting the application of Beta Construction Corporation for
a Conditional Use/Major Site Plan approval for a hotel/motel at the Reserve, in the commercial
subdivision known as PGA CommerCe Center .at the Reserve.
Mr. Mmphy stated that this subdivision is on the south side-of Reserve Boulevard as you travel
west of 1-95. This particular building will be at the southeast comer of the future intersection
of Reserve Commerce Centre Drive .and Reserve Boulevard.
Mr. Murphy stated that this application is for a 80 unit hotel/motel operation, located on a 3.210
acre parcel, with a density of 24.9 guest units/acre, which is well below the maximum density
of 36 units/acre. He stated that all other development issues to date as they relate to this
particular site have been determined to meet all technical code requirements.
Mr. Murphy stated that in the staff report you will find two sets of review standards commented
on. Because this conditional use requires a site plan, we have incorporated both reports into one.
Mr. Murphy stated that staff has determined that all of the applicable standards outlined have
been, or will be, complied with as this project develops.
Mr. Mmphy stated that a copy of Draft Resolution 98-019 has been provided which cOmbines
the Conditional Use/Site Plan Approval Order for this project. The blanks within the .conditional
use portion will be filled in atthe completion of the process, should any conditions come forth
at this hearing or the Board of County Commissioners hearing they will be inserted under
paragraph B which is shown as "reserved". Mr. Murphy stated that at this time, staff is
recommending no special conditions for this project.
Mr. Murphy stated that staff recommends that you forward this petition for Conditional Use and
Site Plan Approval to-the Board of County. Commissioners with a recommendation of approval.
Chairman Calabrese asked if anyone had any questions for Mr. Murphy.
Mr. Coward stated that he supports this hOtel/motel. He asked Mr. Murphy about the comment
on page 3 of the memo regarding "the proposed plan of development for this site will result in
the elimination of a majority of the existing tree canopy". He stated that the site plan submitted,
reads 58% of the site 'will not be developed, it will be dedicated towards landscaping. Mr.
Coward Stated the two statements are in conflict and would like to know how this will be
addressed.
13
Mr. Murphy stated 'that the basic construction requirements of the site will necessitate the
elimination of jUst about every tree on the property, however there may be a few trees at the
northwest Comer that can be saved. The majority of trees .in the canopy are pine and as you get
bUlldoZers and other 'heavy equipment near them root damage takes place and the trees will die.
Mr. CoWard asked Mr. Murphy if mitigation will occur on-site.
Mr. Murphy stated that it is our intention for the mitigation to. occur on-site.
Mr. Mm.~hy added that On the site plan there is an additional environmental concern identified'
two gopher tortoise burrows, one is an active and one is an inactive burrow. The developers
have a relocation permit to move the actiVe burrow elsewhere on site due to the close proximity
of the construction, of Reserve Commerce Centre Drive. It is not likely the turtle will have
'anything left to live in and/or eat, so relocating in this instance appears to be the only viable
alternative.
Mr. Coward asked Mr. Murphy if the relocation on-site means anywhere in the Reserve.
Mr. Murphy Stated that it would be a site or location consistent with Fish & Game requirements.
Mr. Coward asked Mr. MurPhy if it was a take permit.
Mr. Murphy stated that it did not appear to be a take permit, he believes it is a relocation permit.
Chairman Calabrese asked 'if there were any other questions for Mr. Murphy.
Chairman Calabrese asked the applicant if they 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 that they are the engineers for the
project, site plan and construction.
Mr. Knott stated that.Robert Bland, owner of Beta Construction, and Bob Kennedy, an Engineer,
are also ipresent to answer any questions. He stated ~that Mr. Bland will build, own and operate
the facility.
Mr. Coward asked Mr.~ Knott if the: mitigation of the trees will occur on-site.
Mr. Knott stated yes, they will replace the native species removed.
Mr. Coward asked Mr. Knott if the gopher tortoise will be relocated.
Mr. Knott stated that it will be relocated.
14
Chairman Calabrese asked if there were any further questions for Mr. Knott.
At this time, Chairman Calabrese opened the public hearing.
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 if the board had any questions of staff or the applicant.
Chairm~x~ 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, 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
BetaConstruetion Corporation, Draft Resolution 98-019 granting a Conditional Use Permit for
a 80 :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 Mainstay Suites ~ The Reserve, subject to the
following condition:
Should any county protected vegetation be removed from the property, the mitigation for
that removed vegetation shall be located on-site.
Mr. Merritt secOnded the motion, and upon roll call the motion was approved 9-0.
Chairman Calabrese stated that the Draft Resolution would be forwarded to the Board of County
Commissioners with a recommendation of approval.
15
PUBLIC HEARING
PROFESSIONAL FIRE FIGHTERS &
PARAMEDICS OF ST. LUCIE COUNTY
FILE NO. RZ-98-006
Mr. Whitley stated that he had'a conflict of interest with this rezoning petition and also the
conditional use petition.
Mr. Mike Picano presented staff comments.
Mr. Picano stated that he was presenting the application of Professional Fire Fighters &
Paramedics of St. Lucie County for a Change in Zoning from the RS-3 (Residential, Single-
Family .. 3 du/acre) Zoning District to the I (Institutional) Zoning District.
Mr. Picano stated that the subject property is located on the north side of Edwards Road,
approxitnately 250 feet west of McNeil Road. The surrounding zoning is RS-3 (Residential,
Single-Family - 3 du/acre) to the north, east, and west. I (Institutional) to the south and
southeast. RM-11 (Residential, Multiple'Family - 11 du/acre) to the southwest.
Mr. Picano stated that the I (Institutional) Zoning District is compatible in the RU (Residential
Urban) future land use classifiCatiOn subject to Board of County Commissioners approval. Staff
finds that.thiS petition meets the standards of review as set forth in the Land Development Code
and is not in conflict with the ComprehensiVe Plan. Staff recommends that you forward this
petition to the Board of County Commissioners with a recommendation of approval.
Chairman Calabrese asked if there were any questions for staff.
Chairman Calabrese asked the applicant to address the board.
Mr. Nate Spera, President of Professional Fire Fighters and Paramedics of St. Lucie County,
addressed the bOard. He stated that he-would be happy to answer any questions the board might
have and Would like to reserve .comment until after the public portion of the hearing.
Chairman Calabrese asked Mr. Spera if this location will be used to conduct meetings.
Mr. Spera stated that.they will use this location for their local organization and two other smaller
organizalions, the Christian Fire Fighters and the Firebelles.
Mr. Lounds asked Mr; Spera why this particular piece of property.
Mr. Spera stated that the property is located close enough to 1-95 which makes it accessible to
the members of his organization.that live through out the county, it is .in an area close enough
to the Central Fire Station, where the majority of their business takes place within the district,
16
and the total :site is large enough to support their mission and not have a substantial impact on
the area,
Mr. Lounds asked Mr. Spera what type of activities will take place.
Mr. Spera stated that he has monthly meetings of' the general membership, monthly meetings of
the executive board, and quarterly Sunday breakfasts.
Chairman Calabrese asked if there were any further questions for Mr. Spera.
At this time, Chairman Calabrese opened the public hearing.
Ms. Irene Reese, Real Estate Broker, 2401 West Midway Road, Fort Pierce, addressed the board.
She stated that for the last 2 - 3 years they have exhausted all efforts trying to find a residential
buyer. ~he stated that she agrees with~the propOsed use and that it will blend right into the other
institutional uses in the neighborhood.
Ms. Reese stated that the question, was raised as to why this location, it is in the middle of the
county which makes a good meeting place and she would like to see this request approved.
Mr. Christopher Quigley, 3163 McNeil Road, Fort Pierce, addressed the board. He stated that
he owns the adjoining property and is concerned about the institutional zoning and the other
optional uses. He stated that there is a piece of institutional zoned property directly across the
street that has been for sale for 15 years and in the event this .organization were to dissolve, he
is concerned as to what could come in this zoning district.
Mr. QUigley stated that this. is-a nice wooded residential area with gopher tortOises and native oak
trees and he would like to see some of that preserved if this request were approved. He stated
that there is city water available but no sewer and he would appreciate the board taking these
items into consideration.
Chairman Calabrese asked if there was. anyone else who would like to speak on 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. Spera if he would like to address some of Mr. Quigley's concerns.
Mr. Spera stated that they will do a study on the gopher tortoises and will preserve as much of
the natural fOliage as possible.
Chairm~n Calabrese asked if there were any questions.
Chairm~m Calabrese asked what would be the pleasure of the board.
17
~Mr. Coward stated that he had a question for MS. Reese.
Mr. Coward asked Ms. Reese if she could address the issue.of adjacent institutional property that
is for sale in that area.
Ms. Reese stated that she is not familiar with that property.
Chairm~m Calabrese aSked for a motion.
After considering the testimony presented during the public hearing, including staff comments,
and the standards of review as set forth in Section 11.06.03, St. Lucie County Land Development
Code, Mr. Matthes moved, that the Planning and Zoning Commission recommend that the St.
Lucie County BOard of.County Commissioners grant apprOval to the application of Professional
Fire Fighters and Paramedics of St. Ltaeie County, for a Change in Zoning from the RS-3
(Residential, Single-Family - 3 du/acre) Zoning District to the I (Institutional.) Zoning District.
Ms. Wesloski seconded the. motiOn, and upon roll call the motion was approved 8-0.
Chairmm~ Calabrese stated that the petition would be forwarded to the Board of County
Commissioners with a recommendation of approval.
18
a ,.~
PU LIC .HEARING
PROFESSIONAL FIRE FIGHTERS &
PARAMEDICS OF ST. LUCIE COUNTY
FILE NO. CU-98-004
Mr. Mike Picano presented staff comments.
Mr. Picano stated that he was presenting the application of Professional Fire Fighters &
Paramedics of St. Lucie County for a Conditional ~Use Permit to allow a membership organization
in the I (Institutional) Zoning District.
Mr. Picano stated that the subject property is located on the north side of Edwards Road,
approximately 250 feet west of McNeil Road. The surrounding zoning is RS-3 (Residential,
Single-Family - 3 du/acre) to the north, east, and west. I (Institutional) to the south and
southeast. RM-11 (Residential, Multiple-Family - 11 du/acre) to the southwest.
Mr. Picmao stated that the I (Institutional) Zoning District allows membership organizations as
conditional uses subject to Board of County Commissioners approval. Staff finds that this
petition meets the standards of review as set forth in the Land Development Code and is not in
conflict with the Comprehensive Plan. Staff recommends that you forward this petition to the
Board of County CommiSsioners with a recommendation of approval.
Chairm~a Calabrese asked if there were any questions for staff.
Mr. Coward asked if the conditional use permit requires a site plan, and where the eventual
facility will be located on the.property.
Mr. Pic~mo stated that this project, will need to comply with site plan requirements.
Mr. Coward asked if the site plan came in as part of this conditional use process.
Mr. Flores stated that a condition placed on the approval is that they submit a site plan that meets
the requirements of the Land~ Development Code, and that the applicant has submitted a
conceptual plan.
Mr. Coward asked where the facility will be located on the property.
Mr. Flores stated that the conceptual plan shows the main CBS two-story building on the
southwest comer and a storage building on the northeast comer.
Chairman Calabrese asked Mr, Picano if staff evaluates the availability of water and sewer.
Mr. Pica~ao stated that he confirmed this property is within the Fort Pierce Utilities Authority
19
service area and water and sewer service is available.
Ms. Wesl°ski asked what are the buffer requirements.
Mr. Picano stated that the site plan must meet the buffer requirements as set forth in the Land
Development Code.
Ms. Wesloski asked if this is a vegetation buffer?
Mr. Flores stated the Land Development Code requires a minimum 6 foot buffer between any
non-residential and residential uses, either non-living or living, between this site and Mr.
Quigley's property.- He stated if such is a non-living material (a wooden fence) 1 shrub every
5 feet mad 1 tree every 30 feet will be required.
Chairm,m Calabrese asked~ Mr. Spera if he agrees with the 3 conditions staff has placed on' the
conditional use.
Mr. Spera stated yes.
At this time, Chairman Calabrese opened the public hearing.
Mr. Christopher Quigley, 3163 McNeil Road, Fort Pierce, addressed the board. He stated that
he is not in total opposition, he is mainly concerned about the future institutional zoning of this
property when there, is a piece of property in the area already zoned institUtional which is vacant.
He stated that he was pleased to hear that the Land Development Code reqUires a buffer.area.
Chairman Calabrese advised Mr. Quigley to .keep in contact with staff regarding the site plan.
Mr. Quigley stated that he has a copy of the. basic site plan and he would like to see some of the
trees worked around which he believes the petitioner will try to accomplish.
Chairman Calabrese aSked if there was anyone else that would like to address the board.
Chairm~a Calabrese asked Mr. Spera if he had any closing remarks.
Hearing no further arguments in favor of or in opposition to the petition, Chairman
Calabrese closed the public portion of the hearing.
Chairma~a Calabrese asked.if there were any questions from the board.
Chairman 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 SectiOn 11.07,03, St. Lucie County Land Development
20
Code, Mr. 'Coward moved that the Planning and Zoning Commission recommend that the St.
Lucie County Board ofCo~ty Commissioners grant approval tothe application of Professional
Fire Fighters and Paramedies of St. Lueie County, for a Conditional Use Permit to, allow a
membership organizatiOn in the I (Institutional) Zoning District, subject to the following
conditions:
1. The project is to be approved as a minor site plan by the Community
Development Director, regardless of its size.
,
The buffer requirements set forth in the St. Lucie County Land Development Code
must be met.
No lighting shall be directed off-site.
Mr. Mallhes seconded the motion, and upon roll call the motion was approved 8-0.
Chairmm~ Calabrese stated that the petition would be forwarded to the Board of County
Commissioners with a recommendation of approVal.
21
OTHER B ·
USINESS.
Mr. Lancaster stated that Mr. Merritt disclosed ~that he had communication outside of this hearing.
The 'hearings held tonight were all Quasi-Judicial wherein you are to make your determinations
based on what you hear at the hearing and not based on what you hear outside of the hearing.
He stated that the purpose of Mr. Merritt advising that he heard something else was there was
someone on the otherside 'wanted to dispute, which they could then~bring that forward.
Mr. Lancaster stated that the board also hears legislative hearings, which have a different set of
rules. Mr. Lancaster stated that the board only hears a few legislative hearings, when they come
up in the future, he-Will address the procedures.
Mr. Lancaster stated that if. someone contacts you prior to the hearing, you should disclose that
information at the beginning of hearing.
Ms. Wesloski asked Mr. Lancaster if that includes receiving a letter.
Mr. Lancaster stated that you shoUld bring that information to the hearing and disclose it.
Chairman Calabrese asked Mr. Lancaster if the new board members received the Sunshine Law
booklet.
Mr. Lancaster stated that this commission is subject to the Sunshine Law, you can't discuss any
items that will come before this board with any other member outside of this hearing. Mr.
Lancaster stated that he will get Mr. Lounds and Mr. McCurdy a copy of the Sunshine Law.
Ms. Wesloski asked Mr. Lancaster if you are allowed to discuss items that have already been
voted on.
Mr. Lancaster stated yes.
Mr. Coward asked staff if an EConomic Element would be created for the Comprehensive Plan.
Mr. 'Kelly stated that staff has discussed this issue, he believes it is a good idea to have an
Economitc Element although he is not sure we want to incorporate is as a Comp Plan element.
Mr. Coward stated that St. Lucie County is the only county in the Treasure Coast that does not
have an Economic Element in.their plan.
Ms. Wesloski asked if the vision statement for the Comp Plan would be handled internally.
22
Mr. Kelly stated that as we move through the Comp Plan hearings and amendments process this
' r '
can be add essed at that t~me.
There. being no further business, the meeting adjourned 8:20 p.m.
23
PLANNING & ZONING COMMISSION/
LOCAL.PLANNING AGENCY REVIEW: APRIL 16, 1998
M,EMORANDUM
DEPARTMENT OF COMMUNITY DEVELOPMENT
TO:
FROM'
Planning and Zoning Commission/Local Planning Agency
Land Development~ Coordinator
DATE: April 7, 1998
SUBJECT:
Draft Ordinance 98-006 - St, Lucie County Vessel Control and Water
Safety Ordinance
Attached for your review is a copy of draft Ordinance 98-006, the St. Lucie County Vessel
Control and Water Safoty Ordinance. This Ordinance proposes to create Chapter 1-5 of
the St. I-ucie County Code:and Compiled Laws for the purpose of promoting safety in and
between boating, swimming and other water related use and activities in the County.
Specifically, this ordinance proposes to regulate the use of marine watercraft (reforred to
as vessels), inCluding personal watercraft, in designated areas of the County.
This..Ordinance provides for a procedure where an area of the County may be designated
as an "Area of Prohibited Water ActivitY", or "Area of Regulated Water Activity" or .an
"Area of Special Management". In a regulated area, vessel speeds would be regulated
so as not to create an unsafe condition for other water traffic, fisherman, water skiers or
bathers.
In addition, Section 1-5-7 of this Ordinance provides for regulations governing the location
of personal watercraft rental businesses in the unincorporated areas of the County.
In the development of this Ordinance, County staff have consulted with, and have
attempted to address the concerns of, the Florida Inland Navigation District (FIND), the
Personal Watercraft IndUstry Association of Florida, and the Marine Industries
Association.
County staff recommends that the Planning and Zoning Commission/Local Planning
Agency determine that the proposed Ordinance is consistent with the St. Lucie County
Comprehensive Plan and forward a recommendation of approval for Draft Ordinance
98-006 to the Board of County Commissioners.
If you have any questions, please let me know.
DJM/cb
OR9806a(a,40)
cc: County Attorney
ST. LUCIE COUNTY ORDINANCE
FOURTH DRAPT
3/31/98
NO. 98-06
AN ORDIN
VESSEL C(
RELATING
PROVIDINC-
PROV!DIN(
OF ENFOB
PROVIDiNC-
SPEED, CAr
AREAS OF
PERS
DATE.
~CE ADOPTING THE ST. LUCIE COUNTY
)NTROL AND WATER SAFETY ORDINANCE
re ~SSEL CONTROL AND WATER SAFETY;
FOR TITLE, PURPOSE AND AUTHORITY;
FOR DEFINITIONS; PROVIDING FOR AREAS
~EMENT AND M~S OF ENFORCEMENT;
FOR VESSEL REGULATION INCLUDING
AND PRUDENT OPERATION lq
:PROHIBITF~ WATF~ ACTIVITY,
WATF~ ACTIVITY, AR~S OF
EQUIRED,
REAS OF
:SPECIAL
.~TION OF
'ING FOR
)lNG FOR
)NFLICTS
WECTIVE
WHEREAS, the recreation~ use of the public beaches is an asset of St. Lucie
County which is afforded the public at large, including residents and visitors to the
County; and,
WHEREAS, the manner, mode, type and degree of uses to which the adjoining
waters are placed by the public .affects the health, safety and welfare as well as the fight
to enjoy, ment by individuals using the beaches or waters for recreational purposes as
well as those residing nedrby; and,
WHEREAS, the operation of vessels in certain known swimming areas and in
excess of idle speed poses a threat to the health, safety and welfare of swimmers and
others located offshore from beaches; and,
WHEREAS, regulations, which reduce vessel wakes and regulate vessel speeds
will aid in reducing turbidity along and erosion to grass beds, mangroves and shorelines
that serve as habitat for manatees, wading birds and other flora and fauna within St.
Lucie County; and,
WHEREAS, the use of personal watercraft is continuous in alimited' area and
creates persistent noise which is a nuisance to a residential area; and,
WHEREAS, it is in ~he interest for safety and welfare of the public to establish
certain regulations for ~commercial vessel activity and limited areas of personal
watercraft activity.
WHEREAS,the Board of County Commissioners of St. Lucie County recognizes the
need for standards for location of personal watercraft rentals to ensure that such
operations are located and utilized within commercially zoned areas or recreation areas
to preserve residentially' zoned areas and to ensure that personal watercraft are
operated with a high degree of safety standards to protect the renter and the public; and,
~~ElqEAS, the Board of County Commissioners of St. Lucie County finds that
personcrl watercraft rentals have a greater impact on land areas than other types of
water oriented, activities because personal watercraft create a persistent noise from
i
continuous use in lira/ted ~eas and the numbers of watercraft that could be rented from
.
one source which serves ~o multiply the noise; and,
'~~EAS, the use of personal watercraft flo~g vendors in St. Lucie County will
create a potential intrusion of commercial activity into residentially zoned areas; and,
WHEREAS,it is in the interest of protecting residential neighborhoods, preserving
the Cotmty's natural resources and limiting intrusion into public bathing areas that this
Ordinance sets forth specific standcrrds for the location and operation of commercial
personal watercraft rentals and to regulate the use of personal watercraft floating
vendors in the waters of St. Lucie County; and,
WHEI:t~S,~e operation of vessels in areas used for other water activities poses
a threa[ to the safety of swimmers and the control of other water vessels; and,
WHEREAS,the manner in which personal watercraft are used continuously in a
lim/ted area, such persistent noise causes a nuisance to adjoining residential areas and
disrupts the habitat of wildlife; and,
WHEREAS,it is in the interest for safety and welfare of the public and the County's
natural resources to establish certain regulations for speed control and limited areas of
watercraft activity to reduce injury to the public and ensure the continuation of our
natural resourcesfor the-pubbc' benefit and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF ST' LUCIE COUNTY, FLORIDA:
PART A..
Chapter 1-5 "Boating" and Article I "Vessel Control and Water Safety" of
Chapter 1-5 of the Code of Ordinances of St. Lucie County, Florida, are
hereby created as follows-
SECTION 1-5-1:
TIT!:~
'I~s Ordinance. shall be known and may be cited as the St. Lucie County Vessel
Control[ and Water Safety Ordinance.
SECTION 1-5-2:
PURPOSE AND AUTHORITY
Ae
The purpose of this Ordinance shall be to promote safety in and between
boating, sw/mming and other water related activities in St. Lucie County and to preserve
and protect our naturcfl resources.
The County does hereby declare that the public health, safety and welfare
of' the citizens of the Coun~ and others requires, designation of specific areas within
which the operation of vessels and personal watercrcdt may be regulated or prohibited,
and in which swimming, waters~g, skindiving and other water activity, or (:my of them,
may be prohibited or regulated.
The County iS hereby authorized to designate specific areas prescribing the
water activities that may be conducted and the operation of vessels therein, and the
regulations for the conduct thereof. The County may, in the interest of safety, prohibit
vessels, including personal watercraft, from operating within such designated area and
may prohibit sv~nming, waters~g, skindiving and other water related activities, or any
of them, from being conducted in-such areas.
SECTION 1-5-,3:
DEFINITIONS
For the purposes of thisOrdinance,' the following terms, phrases, words and
derivations, shall have the meaning given herein. When not inconsistent with the context,
words used in the present~ tense include the future, words in the plural number include
the singular number, and.the words in the s~gular number include the plural number.
The word "shall" is alw~s mandatory and not merely directory.
A'
"Bather" means any person who is in the same water as a vessel, whether
said person is swimming, wading or engaged in any other activity in the water.
]3.
"e
B ach means the soft sand portion of land lying seaward of a se~a~! or
line of ipermanent veget~ion and seaward of the mean high water line of .the Atlantic
"Floating Vendor' means a vessel represented as a place of business, a
professional or other commercial enterprise which is used to solicit, conduct, or canvass
for the sale or rental of
merchandise, services, goods or property of any kind or
character. This term do, not include the following types of vessels:
1. Ave
so ~k
3. Ave
or le~
4. A ye
Ii). "Idle
in and of itself is rented;
operation using self contained operational equipment
launc~ng or landing does not occur on land;
in a permanent location over privately owned
submerged bottomlands; or,
:el used for hire (i.e., charter boat, dive boat, dinner cruise
boat, etc.).
the lowest speed at which a vessel can operate and
maintain steering'contro and make .progress over the bottom. The actual' speed will
vessels, and the minimurn ,. speed merely necessary to ffect~vely traverse brewing water
for personal watercraft. For a non-motor propelled vessel, idle speed means that speed
necessary for steerageway.
Se
"Littoral-Waters" means that part of the ocean or sea which abuts the
shoreline and includes the shore to the mean high watermark. For purposes of this
ordinance, the littorcd ri~ht to'use such waters shcdl be limited to the waters wit~n the
boundca-ies of the land-based site as those boundaries extend into the water at right
angles from the-shoreline,,
"Operate" means to navigate or otherwise use any vessel in, on or under the
water.
"Person" means any individual, partnership, firm, corporation, association
or other entity.
H.' "Personal watercraft", means'a small class A-1 or A-2 vessel as defined by
1
state aw which uses crn outbo~d motor, or crn inbo~d motor powering a water jet pump,
as its primary source of motive power and which is designated to be operated by a
person sitting, standing, or kneeling on, or being towed behind the vessel, rather than in
the conventional manner of sitting or...standing inside the vessel.
"Site" means the plot or parcel of land or combination of contiguous lots or
parcels of land.
"Slow speed" means no speed greater than that which is reasonable and
prudent to avoid either intentionally or negligently disturbing, colliding with, or injuring
manatees, and which comports with the duty of all persons to use due care under the
circumstances. A vessel in a slow speed zone that:
le
is operating on a plane is not proceeding at slow speed;
e
that !s in the process of com/ng off plane ~d se!tling into the water,
which action creates more than no or! minnnum wake, is not
,
proceeding at slow speed;
3. that
S'
,roduces no wake or minimum wake is proceeding at slow
4. that
is
completely off plane and which has Settled into the water and
wi~out wctke or with minimum wake is proceeding crt
"Slow speed zone" means a designated area within which all vessel
operators shall proceed at slow speed not on a plane and producing no or minimum
wake.
L. , "Steerageway" means the minimum rate of motion required for the helm of
the vessel to have effect.
Mo
'Vessel" me~s a.motor-propelled or artifici~y-propelled vehicle and every
other description of: boat, watercraft, barge, and air boat other than a seapl~e on the
water, used or capable of being used as a means of transportation on water including
personal wat°rcr~t. This term shall not include rc~ts, flo~s or flotation devices, whether
of canvas, v/nyl, rubber, Styrofoam or other substance, intended or capable of assisting
in the flocrtcrtion of a person on or in the water.
~e area of enforcement of the provisions of this Ordinance shall be all public
navigdole waters, creeks, bayous, canals and channels, whether natural or man-made,
located within the unincorporated areas of St. Lucie County, including all public waters
within the jurisdiction of the County in which the tide ebbs and flows. This Ordinance
shall also apply to all public navigable waters, creeks, bayous, canals and channels
which are contiguous to CO~ty owned beaches, parks and recreational areas located
within the incorporated areas. This Ordinance does not apply to the Florida Intracoastal
Waterway.
SECTION 1~5-5:
MEANS OF ENFORCEMENT
'rhe provisions of this Ordinance shall be enforced by members of all duly
authorized law.enforcement agencies within the County. Section 1-5-7 of this OrdinanCe
.
shall also be enforced bY the apPropri~e-- St. Lucie County Department, Division or
A~ency,
SECTION 1-5-6:
VESSEL REGU~TION
A. SPEED
Vessel speed
Nothing contained in this
speed greater than is reasc
water traffic, fishermen, w~
shall not exceed.reasonable speed under existing conditions.
Ordinance shall be construed to authorize or approve any
.'lable and proper in consideration of local conditions, other
ter skiers or bathers in the area, or other hazards.
B,
CARE~L ~D PRUDENT OPEPu~TION REQUIRED
Every person ~operating any vessel in, on or under any waters within the
area cfi-enforcement as set forth above shall do so in a careful and prudent manner,
aking into conmderation the wea~er conditions and range of visibility, water turbulence,
proxirnities to fishermen, b~hers, water skiers and other boats and watercraft, and all
other attendant circumst~ces so as not to endanger the life, limb or property of any
person. Failure to operate a vessel in such a careful and prudent manner shall constitute
'O
careless boating in v~ lation of this Ordinance.
C,,
AREAS OF PROHIBITED WATER ACTIVITY
No owner, operator or' person in command of any vessel shall permit or
operate a vessel within 300 feet of a posted "Swimming Area" at a County-park beach
on littorcfl Waters adjacen~ thereto, or cmy other area that mcty be so designated by the
Board of County Commissioners.~ of St. Lucie County pursuant to the procedures set forth
in this Ordincrnce.
D.
AR~S OF REGULAT~ WATER ACTMTY
No owner, operator or person in command of any vessel shall permit or
operate said vessel at a s
Vessel is in an Area of
greater than, or in excess of, idle speed whenever the
Water Activ/ty except as to those prohibited areas set
forth in Section 1-5-6 C of
Ordinance. Ingress and egress to the beaches shall be as
nearly perpendicular to the
Areas of Regulated Water
as. The following areas are hereby designated as
le
,
Any area designated as an official "NO WAKE-IDLE SPEED ONLY"
area which is so posted in such a mcmner crud place that it may be
reasonably expected to be seen and read by a person in operation
of a vessel ~thin the area; and,
Any other area that may be so designated by the Board of County
St. Lu¢ie County according to the procedure set
forth
E,,
AR~S OF SPECIAL MANAGEMENT
No owner, ~operator or person in command of any vessel shall permit or
operate a vessel at a speed greater than, or in the excess of; either, idle speed, slow
speed or under motor power, whichever is applicable, whenever the vessel is in an Area
of Special Management~,except as to those prohibited areas or regulated areas as set
forth in Sections 1-5-6 C. and D., respectively. These areas are so designated to provide
increased protection of the manatees and other natural resources. The following areas
are hereby designated as Areas of Special Management:
1. Any
so p~
in th,
designated as an official "No Motor Power" zone which is
in such a manner and place that may be reasonably
to be seen crud read by a person in operation of a vessel
area. OperatiOn of a vessel in these areas shall be without
power. Poling, rowing or wind-power is permissible. Such
are identified on attached Exh/bit "A"i or,
2. Any
forth
area that may be so designated by the Board of County
of St. Lucie County pursuant to the procedures set
this Ordinance.
FOR OPERATION OF PERSONAL WATERC~
In addition
regulations set forth above, all personal watercraft shall
also be operated in
mcmner:
iO
,
,
,
,
,
SECTION 1-5-7:
A person may not operate a personal watercraft unless each person
riding on r:bemg towed behind such vessel is wearing a type I, type
II, type III or type V personal flotation device approved by the United
States C°aSt Guard.
A person operating a personal watercraft equipped by the
with a lanyard type engine cutoff switch must attach
such to his person, clothing or personal flotation device as
for such vessel.
No person Under the age of 14 shall operate a personal watercraft
on the Waters of this County.
or
years
. for the owner of any personal watercraft or any person
Ie over or control of a personal watercraft to authorize
permit the same to be operated by a person under 14
age in violation of this section.
A
befor,
son shall not operate a personal watercraft at any time
hours from one-half hour after sunset to one-half hour
A persOnal watercraft must at all times be operated in a reasonable
and ':I manner. Maneuvers which unreasonably or
un: endanger life, limb, or property, including,' but not
limite to, waving through congested vessel traffic, jumping the
ano~er vessel unreasonably or unnecessarily close to such
or when visibility, around such other vessel is obstructed,
at the last possible moment to avoid collision shall
reckless operation of a vessel. Failure to operate a
watercraft in such a careful and prudent manner shall
:e careless boating in violation of this Ordinance.
and s
cons'
perso:
This
marin
this
shall not apply to a performer engaged in a
exhibition or a person participating in a regatta, race,
tournament or exhibition held incompliance' with-
and Section 327.48, Florida Statutes.
LOCATIONS FOR PF.~.SONAI. WATERCRAi:T
RENTALS
Any person engaged in the rental, leasing, bailment for consideration' ' or otherwise
r ! !
p owdmg transportation for remuneration, of personal watercraft for use by the public
on any waters of St' Lucie County, must meet the following requirements as of the
effective date of this Ordinance including any new and already existing rental
operations.
A.
A person is~required to obtain a county occupational license and a zoning
compliance permit which shall be issued to the personal watercraft rental operations
office.
II
e
e
1
The operations office shall be located at a land-based site;, and,
The lqnd-based site shall have direct ac
acces~ shall not include public
ccei~s, or any residentially zoned land
gain Beach access; crnd,
to the beach. Direct
County-owned beach
must be traversed to
All business transactions such as the exchange of consideration or
remuneration for the rentcd, leasing, bolment or crny other type of
tranS~ction between the commercial rental operator and customer
,shall Iolccur on the land-based site fOr which the occupational license
is iSsu&d; and,
The personal watercraft shall only be rented or operated on the
littor~ waters offshOre of the I site for which the
occupational license is issued until the watercraft travels
bo¥ond the offshore idle speed limit.
A floating vendor of personal watercraft rentals may o erate within
the litt0ral~ waters,, of a land-based, , site as 1°nig as the floating vendo'r
has an occupational hcense issued at th~ icmd-based site.
A person must distribute a handout on boating safety rules to each
person renting a personal watercraft.
A person must have and maiutain a telephone and~ operable marine VHF
radio at its land-based operations office.
A person must have a manned, motorized chase vessel with operational
Omarine radio in g od running condition that meets all United States Coast Guard safety
requirements and is within vision of where the personal watercraft are being operated
during all hours of the persons operations.
iD. A person must have and maintaincomprehensive' general liability
insurcmce with coverage not less than $500,000.00 combined single limits. A copy of the
current: insurance policy shall be kept at the rental operations office.
A person shallreguster' each personal watercraft and have a Florida vessel
registration number
thereon.
F. A person
who is ~:mder 16 years of
not lease, hire or rent a persona/watercraft to any person
nor may that person lease, hire, or rent such watercraft or
other vessel to any other
consideration dis'
of vessels and requ/res a
unless the person engaged in renting the watercraft for
safety information about the safe and proper operation
by the lessee that he or she has received instruction
in the scffe handling of the
in compliance with state standards.
SECTION 1-5-8~:
By Resolution ad
(excluding Sundays and le9
in St. Lucie County, Florida,
designate additional specifi~
at a public hearing upon at least fifteen (15) days notice
holidays) published in a newspaper of genera/Circulation
Board of County Commissioners of St. Lucie County may
areas as an 'Tkrea of Prohibited Water Activity" as described
in Sec~on 1-5-6. C., an "Area of Regulated Water Activity as' " "described in Section 1-5-6
D., or ~:m "Area of SPeci~ Management" as described in Section'" 1-5-6. The published
notice shall include maps delineating the areas regulated.
In designating such areas, the Board of County Commissioners shall hear all
testimony presented and make a finding that the designation is necessary for the safety
and/or welfare of the citizens of the County. Upon the adoption of such a Resolution, the
Board of County Commissioners shall publish the Resolution one time in a newspaper
of general circulation in St. Lucie County, Florida, after which the designation of the area
shall be complete cad binding; provided, however, no person shall be convicted of a
violation of this Section relating to such specified areas until signs designating the
boundaries of the area so designated have been posted in such a manner and place that
they mc~ reasonably be expected to be seen and read by a person operating a vessel
in that ca'ea; provided, however, that no signs will need to be posted for areas described
in Section 1-5-6. C.~ and D. unless so designated as a requirement.
SECTION 1-15-9: EXEMPTIONS
A. The provisions of this Ordinance shall not be construed to prOhibit the
running of racing or exhibition boats or personal watercraft during a publicly announced,
properly: authorized and supervised, and adequately patrolled regatta or speed trial or
exhibition. "Properly authorized" shall require approv~ of the Board of County
Commissioners of St. Luci~ County.
B. Florida Marine Patrol rescue craft, St. Lucie County Sheriff's Department
craft, tow boats, other official craft and. craft operating under emergency conditions shall
be exempted'from the sions oft'his Ordinance' while performing their official duties
or operating in an emergency.
SECTION 1-.5-10: PEN~~
.A citation may be issued pursuant to the procedures set forth in Sections 327.73
and 327.72, Florida Statutes.
PAI:~T. _ B: CONFLICT
lin the event that
other St. Lucie County
provision of this Ordinance is fo~d to be contrary to any
which regulates the same subject matter, then in said
event, the more restric'
shall apply.
'ART C: SEVE~II
provisions of t
whole or any part of the
Ordinance shall be held
decision of such Court
Ordincmce..It is hereby
Office are severable, and it is the intention to confer the
herein provided for. If any of the provisions of this
by any Court of competent jurisdiction, the
.not affect or impair any remaining provisions of this
to be the legislative intent that this Ordinance would
provision not been included therein.
This dinance shcd~l
of Florida.
effect immediately upon filing with the Secretary of State
PART F.
ADOPTION.
/k[ter motion and se
Chairr
the vote on this ordinance was as follows.
Gary D. Charles, Sr.
15
Vice Chairman Paula A. Lewis
Commissioner Cliff Barnes
ommmmoner Ken Sattler
Commissioner John D. Bruhn
PART (3..
CODIFICATION.
i~ovisions of this .ordinance shall be incorporated in the Code of Ordinances of
St. Lucie County, Florida, ~d the word "ord/nance" may be changed to "section", "article",
or other appropriate wo~cl, and the sections of this ordinance may be renumbered or
relettered to accomplish such intention; provided, however, th~ Parts B through G shall
not bec.~od~fied.' '
PASSED AND DULY'ADOPTED this XX day of XX, 1998.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Deputy Clerk
BY:
Chairman
APPRO~D AS TO FORM AND
CORRECTNESS.
BY:
County Attorney
EXHIBIT "B"
NO MOTOR PO~R ZONE AREA
Lagoon area located on the north side of Coon Island as
identified in the map attached to and incorporated in this
Exhibit "B".
17.
AGENDA - PLANNING& ZONING COMMISSION
THURSDAY, APRIL 16, 1998
7:O0 P.M.
.Consider Ordinance '98-006, an ordinance creating Chapter 1-5 of the St. Lucie County
Code and Compiled Laws for the purpose of promoting safety in and between boating, swimming
and other water related use and activities in the County.
Please 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 includes the testimony and evidence upon which the appeal
is to be based Upon the request of any party to the proceeding, individuals testifying during a
hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-
examine any individual testifying during a hearing upon request. Written comments received in
advance of the public hearing will also be considered
Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of
general circulation in St. Lucie County, on April 6, 1998.
File No. 0RD-98-006
NOTICE OF ESTABLI SHMENT
OR CHANGE OF REGULATION -
AFFECTING-THE USE OF LAND
The St. Lucie County Board of County Commissioners pro-
pose to adopt the folloWing Ordinance-
ORDINANCE NO. 98-006
AN ORDINANCE ADOPTING THE ST. LUCIE COUNTY
VESSEL CONTROL AND WATER SAFETY ORDINANCE
RELATING TO VESSEL CONTROL AND WATER SAFETY;
PROVIDING FOR TITLE, PURPOSE AND AUTHORITY;
PROVIDING FOR DEFINITIONS; PROVIDING FOR AREAS OF
ENFORCEMENT AND MEANS O F ENFORCEMENT;
PROVIDING FOR VESSEL REGULATION INCLUDING-SPEED,
WATER ACTIVITY, AREAS OF SPECIAL MANAGEMENT AND
REGUI~TIONS F OR OPERATION O F PERSONAL
; PROVIDING FOR PROCEDU~S TO
~NATE AREAS; PROVIDING FOR EXEMPTIONS;
PROVIDING FOR PENALTY, CONFLICTS AND SEVERABiLITY;
AND PROVIDING FOR'AN 'EFFECTIVE DATE.
The purpose of his 'pUblic heating is to amend the St. Lucie County
Code and Compiled Laws to promote safety in and between boat-
lng, swimming and other water related activities in St. Lucie County
and to preserve and protect our natural resources.
A PUBLIC HEARING on Ordinance 98-006 will be held before the
St. Lucie County Planning and Zoning Commission/Local Planning
Agency on Thursday, April 16, 1998 at 7:00 PM or as soon thereafter
as possible, RoOm 101 of.'the St. Lucie County Administration
Building, 2300 Virginia Ave., Ft. Pierce, FL. Matters affecting your
personal and property rights may be heard and acted upon. All
interested persons are inVited to attend and be heard. Written com-
ments received in advance of the public hearing will also be heard.
Copies of the proposed ordinance, is available for review in the office of
the Community Development Director, St. Lucie County Administration
Building, 2300 Virginia Avenue, Ft. Pierce, Florida 34982, during regular
business hours. Amendments to the proposed ordinance may be made at
the public hearing.
If any person decides to appeal any decision made with .respect to any mat-
ter considered at the meetings or hearings of any Board, committees, com,
missions, agency, council or advisory group, that person will need record
of the proceedings and that, for such purpose may need to ensure that a
verbatim record of the proceedings is made, which record should include
the testimony and evidence upon which the appeal is to be based. Upon
the request of any party to the proceeding, individffals' testify~g-du, ring a
hearing will be sworn in. Any party to the proceedi~'g will be granted an
opportunity to cross-examine any individual testifying during a hearing
upon request.
This notice dated and. executed this 2nd day of April, 1998.
PLANNING AND ZONING COMMISSION/
LOCAL PLANNING AGENCY
/S/DONNA CALABRESE; CHAIRMAN
PUBLISH DATE: April 6, 1998
..
z.
-NOTICE OF ESTABLISHMENT ..
OR OF REGULATION
NG THE USE OF 'LAND
The .St of County Commissioners pro-
: Ordinance: ..... - '
.,.
ORDINANCE NO. 98-006
TION
AREAS
COUNTY VE~EL
RELATING TO
PROVIDING FOR
~ING FOR i DEFiNi.
ENFORCEMENT AND
VE~EL REGU-
OPERA-
WATER AC11VIIY,
AREAS OF SPECIAL
PER-
FOR. PROCE-
FOR E~MP-
AND SEVER-
DATE.'
is to amend the St. Lucie
to promote safety in and
her water related activities
.resourceS..~ ..... and prote, ct our natural
A PUBUc' HE.~IIiRj~G on Ordinance 98-006 will be held before
the St b fie C,~unly Planning and Zoning Commission/Local-
~,s,g'et~w on Thu~ay, April 16, 1998,'at 7;00 PM or as
?.,i~,i...as .possible In Room 101 of the' St.' LuCle
~ ~~ ~ ._Building, 2300 Virginia AVe, ForfPlerce~
4aflet'sl/affecting' your PersOncil and property.. right~'
~eard and acted upon. All interested pers0nS-are
affend and be heard,. Written comments received.
,, e~of lhe public hearing will also be heard,
, .
....Copi~. of the proposed ordinance is available for review in
~e omce Of .the-Community Development Director, St. Lucie
L;ounty Administration Building, 2300 Virginia .Avenue, ..Fort
Pierce, FlOrida, '34982, du~ing regular business., hOUrs.
Amen(iments to the proposed ordinance .may be made afthe
PUblic hea~ing. '-;. ... ..~. :.: :...
If iai~"'Per~On dec-~s~to appeaI any deoision made" With
c . ,."0nsidered at .the meetings or hearings
ommmees, commissions, a enc
.. ; · . . g .y~,council~or
will need'record Of,lhe prooeed-
i~purpose may need to ensure that a
the:~prOoeedings, is made, whioh reoord
lestimony and ~Vidence upon WhiOh the
apPedl,,is based~. ~' ' ·
Upon' the request of any party to the prooeeding, individuals
testifying ~. during -
"a hearing will be sworn in. Any party to.the
procee~ling wifi I~eg~anted an opportunity to cro-~s-examine
any, individual testifying during a hearing upon request.
This notice dated and executed this 2nd day of April, '] ~8'.
PLANNING AND ZONING COMMISSION/
LOCAL PLANNING AGENCY
ST. LUCIE COUNTY, FLORIDA
/S/DON~' CALABRESE, CHAIR~N
PUBUSH DATE: April 6, 1998
'PLAN~NG AND ZONING COMMISSION REVIEW:
File Number RZ-98-001
M E M O,R A N D U M
04/1'6/98
DEPARTMENT OF COMMUNITY DEVELOPMENT
T·
FROM:
DATE:
Planning.and Zoning Commission
Planning Manager. ,~~
April 8, 1998.
SUBJECT:
ApPlication .of ~Carter's Grocery, .Inc. for a Change in Zoning 'from AG-1
(Agricultural -~1 du/acre) to CG (Commercial, Genera).
LOCATION:
15901 Orange AVenue. SOuth side of Orange AvenUe,
approximately 310 feet west of Trowbridge Road.
EXIST~'G ZON~G:
AG-1 (AgricUltural .- 1 du/acre)
PROPOSrED ~ ZONING
CG (Commercial, General)
FUTURE LAND USE:
~D (Mixed Use Development)
PARCEL SIZE:
2.15 acres
PROPOSED USE:
Expansion of an existing Carter's Grocery and Retail Sales
SURROUND~G ZONING:
CN (Commercial, NeighborhoOd) tothe immediate north; IL
(Industrial, Light) to the no~ and east; IX. (Industrial,
Extraction) to the southeast; AG-5 (Agricultural- 5 alU/acre)
to the south, west, and northwest.
~SURROUNDiNG LAND~ ~USES:
Irrigation Wholesale and BBC Grove Service to the north;
United Agri Products, Fruit Packing Warehouse, and the
Grove Gourmet Shipping Company to the northwest; orange
groves to the west; De .Priest Harvesting and Russakis
'Tractors to the east.
FIREfEMS PROTECTION:
Station/~11 (Shinn Road) is located approximately 4 miles
to the 'southeast. _
~ApriI 8, 1998
~Page 2
Petition:
Ca~er's Grocery, Inc.
File No: RZ-98'001
UTII~Y SERVICE:
On.site well and septic.
~NSPORTATION IMPACTS
F-WAY
The existing right-of-Way~ for :Orange Avenue Extension is
90 feet in width.
TYPE OF
ENCY
None at this time.
Concurrency Deferral Affidavit
STANDA~S OF REVIEW AS. SET FORTH IN SECTION 11.06'03,
· ST. LUCIE COUNTY LAND DEVELOPMENT CODE
.In revieMng this application for proposed rezoning, the. Planning and Zoning Commission
shall consider and .make the following determinations:
®
Whether the ',proposed rezoning is in conflict with any applicable portions of
the St. Lucie County Land Development Code;
The proPosed change m zomng is consistent Mth all elements of the St. Lucie
County Land Development. COde and specifically h~ met the standards of Section
11.06.03.
Whether the pro.posed amendment is consistent with all elements of the St.
Lucie County Comprehensive.Plan;
The proposed zoning district is consistent with all elements of the St. Lucie
C°un~ Comprehensive Plan. lhe MXD - Orange Avenue Future Land Use
ClasSification allows CG Zoning .in its 'area of proposed development.
e
Whether and the extent to Which the proposed zoning is inconsistent with the
existing and proposed land'uses;
April 8, 1998 Petition:
Page 3
Carter's Grocery, Inc.
File- No: RZ-98-001
The~'propOsed'~zoning is consistent with the existing land uses'and proposed uses
in the area. The general use of'the immediate SurroUnding area .of the subject
prope~-is De Priest Ha~esting and Russakis Tractors to the east; .orange groves
to ~he West;'irrigation WhOlesale and BBc ~ove Service ~to the north; United
Agri Products, Fruit Packing. Warehouse and Grove Gourmet Shipping Company
to ~e northwest.
®
Whether there have been changed conditions that require an amendment;
Conditions have not Changed so as to require an amendment.
W~hether and the.extent to which the proposed amendment'would result in
demands on public ~
. ~ -acd~t~es, and whether or to the ~extent to which the
.proPosed am, endmen~t would exceed the capaci~ of such public facilities,
including but not limited to: transportation facilities, sewage facilities, water
supply, parks, drainage, .schools, solid waste, mass transit, and emergency
medical facilities; ,
:
~e intended use for ~this rez0ning is not expected to crc-ate significant additional
demands on any public facilities in this ~area. Any development ~will need to
_demonstrate that there' are adequate public facilities in the.area to support .suCh
development.
e
Whether and the extent to which the proposed amendment would result in
significant adverse impacts on the natural environment;
The proposed rezoning is not anticipated to create adverse impacts on the natural
en,~Sronment. -Any development will need to comply with lOcal, state, and federal
environmental regulations.
Whether and the extent to whiCh the proposed amendment would adversely
affect the property values in~ the area;
The propOsed amendment would not affect the surrounding property values.
8~
'Whether and the extent to which the proposed amendment would result in an
orderly and logical development pattern specifically identifying any negative
affects of such patterns;
An orderly and logical deVelopment pattern will occur with this change in zoning.
The surrounding properties are used for citrus production a_nd 'harvesting, and
farming whi~ch are compatible with the proposed use.
April_ 8, 1998
Page .4
9~
Petition:
Carter,s Grocery, Inc.
File No: RZ-98-001
Whether the, 'proPosed amendment woUld be in conflict with the public
interest, and isin harmony with the purpose and intent of this Code;
The proposed amendment would not be in conflict with the public inter~t and is
in' harmony with the pu~ose ~d intent of the St. LUCie County Land.
Development Code.
change in zoning from the AG-!
CG (Commercial, General) Zoning Di~ct for
2.1~5~ acres Avenue in order to expand 'an existing groce~
on the subject prope~. The sUbject prope~ is located in an area
designated for commercial ~d industrial .uses in. the St. Lueie CounW Comprehensive Plan.
Staff has
review as,,
not in conflict With the
Plan. Staff is
Commissioners ~th a
.and determined that it conforms with the stand.ds of
of the St. Lucie CounW ~Land Development Code and is
policies of the St. Lucie County Comprehensive
that you forWard this petition to the Board of County
Please contact~thiS office if you have any questions on this matter.
AttaChments
mp
cc:
File
Suggested motion :to re:commend approval/denial of this requested change in zoning.
MO'I'!O.N TO APPROVE:
AFTER CONSiDE~NG ~ ~STIMO~ P~SENTED D~NG THE PUBLIC HEARING,
INCL~ING STAFF COUNTS, A~ THE STANDA~S OF ~VIEW AS SET FORTH
IN SECTION' 11..06,03, ~ST. LUC~ CO~TY LAND DEVELOP~~ CODE, I ~~BY
MOVE THAT ~ PLANNING AND ZONING CO~SSiON ~CO~~ ~AT T~
ST. LUC~ COUNTY BO~ OF COUNTY CO~SSIO~RS GRA~ ~PROVAI, TO
T~ APPLICA~ON OF CARTER'S GROCERY, INC. FOR A CHANGE IN ZONING FROM
T~ AG-1 1 DU/AC~) ZO~G DISTRICT TO T~ CG
(COM~RCIAL,. GE~~) ZO~G DISTRICT.
BECAUSE ...
[CITE ~ASON ~ - PLEASE BE SPECIFIC].
AFTER CONSIDERING THE TES~O~ P~SENTED D~G ~ PUBLIC ~ARING,
INCLUD~G 'STAFF CO NTS, A~ THE STANDA~S OF ~V~W AS SET FORTH
IN SEC~ON 11.-06.03, ST. LUCIE COUNTY LAND DEVELopMENT CODE, I HErBY
MOVE THAT THE PLANNING AND ZONING CO~SSION RECO~ND ~T THE
ST. LUCre C'O~Y BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION
OF CARTER'S ~GROCERY, INC. FOR A CHANGE IN ZONING FROM ~ AG-1
( G~C~TURAL - 1 DU/ACRE) ZONING DISTRICT TO THE CG (COMMERCIAL,
GENE~LAL) ZO~NG DISTRICT.
BECAUSE ...
CITE.REASON WHY - PLEASE BE SPECIFIC].
c~CO o
I
CD ~:
S g[ i
,LLNtgOO 3380H033>10
Deni,se
.onlng.
M. Carter
!/
Tract'A*
T act B
3 5
2 4
Avenue (SR
AG
IL
AG-1
IL
RZ
98-001
Community .Development
Geographic Information Systems
Map prepared December, 16,1997
E.-and
Denise
M..Carter
Lanai 'Use
Tract 'A'
,Mixed
Orange
3 5
2 4
Orange Avenue
Use
Ave We'st
i
M xed
Use
Ave West
RZ
98-001
Community Development
Geographic Information Systems
Map prepared December 16,1997
AGENDA - PLANNING & ZO~TNG COMMISSION
THURSDAY, AP~L 16, 1998
......
7:00 P.3/I.
'~rter's Grocery, In~ (Edward' Beeh6 Agen0 has petitioned St. Lu¢ie CounW for a
change.'in Zoning from the AG,1 (Agricultural- 1 alu/acre) and CN (Commercial, Neighborhood)
Zoning .Districts m the iCG (Commercial, General.)Zoning District to expand the existing retail
sales operation for the following described property:
SEE A TTA CHED DESCRIPTION
(.Loc~on: 15901 Orange Avenu~ South side of Orange A~ ~ ' '
· eztue, .approxtmately 310
Please note that all 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 c°nsidered at such meeting or hearing, he will need a record of the
proceedings, and that, for such pu~ose, he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal
is to be based. Upon the request-of any party to the proceeding, individuals testifying during a
hearing, will be sworn in. Any party to the proceeding will be granted an opportuniO~ to cross-
examine any individual testifying du~ng a hearing upon request. Written comments received in
advance of the public hearing will also be considered
Prior to this public hearing, noace, of the same was sent to aH adjacent prOPerty-owners
April 3, 1998. Legal nOtice was published in the Port St. Lucie News and The Tribune,
newspapers of general circulation in St. Lucie County, on April 3, 1998.
File No. RZ-98-001
TO WHOM IT MAY CONCERN:i:
:,,
properh,~ ....
Point, of Beginning. :less
acresJ. /~ap 3405S
right-of, way'of
easterly along'
the of ::1'50 feet, toan intersec ,j
lion with the sO~h right-of~way line of State ROad 68; 'thence run west-J~
erly alOng,the soujh right'Of-wRy line of Stale Road 68a distance ~of 7 j~J
fe~t; then~.e run 'sOUtherly ~ralleliwith the west line of the northwest. ~ of JJ
the Southeast ~/~ a distance of t'25 feet; thence run westerly Parallel withll
_the south right'Of. Way line Of State 'Road 68 a distanCe of 200 feet to the
Point of'Beginnin,g {2212-421-0021 -,000/3); , 'J
/t
Section 1
2;
Range 38 .East, the ~east 150 feet of th,e, JJ
T°wnship
35
SOuth,
north 250 feet of the west 600 feet of the northweSt ¼ of the southeast
tess road right-of.way (0.52. AC)(OR 38Z'1321)(2212.422,0001.~J
000/0); .and . ' .
Section 12, Township 35 South, Range 38.East, the east 207 feet of the/
west 807 feet of the northwest ~/~ of the s uthe
' ~ ~" : ,o' ~ast ¼tying north of lin
parallel to south line of Orange Avenue and 150 feet south thereof (0.7t
kC) (OR 315-1102~355.277~i (2212-421-0022.000/0).
(Location: 15901 Orange A~'enue. South side of Orange Avenue,
approximately 310 feet west of Trowbridge Road)
B&O 1-0~r'
an,, agency, or ¢ommis.
' ,matter
a
, {estimon~y and ~
ppea
.r
'-~ . PLANNING AND ZONING COMMISSION
Pul~.:'kP~.:3'' 1998 ' ST. LUCIE,COUNTy, FLORIDA
~ /S/.DONNA C~,LABRESE, CJ'iAIRMAN
.
~," . : . .
APRIL 16,'r, 1998
-..
· .
In,' accordance' with, Sec~n 1 ],O0.03'(~f
THE
THE
POINT OF BEGINNING.
SECTION' 12,
~:,I~_,,EI' OF THE NORTH 250
~RTHWEST 1/4 OF THE
'RIGHT-OF-WAY ,(0.52 AC]I
%i~C~ON ~'2,
FEET OF THE. WEST 807
'S'C)~EA~T 1/4 TO SCXJTH
OF O~GE AVENUE AND 1
(oR'31§'1102:355L2772) (2212-421~~. 10,71 ACJ
.[~,L~'~ ation: 1590! Orange Avenue. Soulh side of_ Orcnge Ave-
.r~j~, approximately 310 feet west of TroWbddge
~o$
PLANNING AND ZO~G COMMISSION ~V~W: 04/16/98
File Number RZ-98-007
ME M,O RAND UM
DEPARTMENT OF COMMUN~ DEVELOPMENT
T '
FROM::
DATE:
Planning and Zoning Commission
Planning Manager ',~:~
April 8, 1998
'SUBJECT:
LOCA2. ION:
EXISTING ZONING:
PROPOSED ZONING:
FUTURE ~ND USE:.
PARCEL SIZE:
Application of International Alzheimers :Foundation Trust (James
Consenfino, Agent), for a Change in Zoning from AR-1 (Agriculturfl,
ReSidential ' 1 du/acre) to I (Institutional).
South side of West Midway Road, approximately 700 feet
'east of Dunn Road.
AR-1 (Agricultural, Residential-. 1 du/acre)
I (Institutional)
RS (Residential Suburban)
12.20 acres
PROPOSED USE:
ACLF - Adult Congregate Living Facility
AR-l: to the south, east, north, and weSt. I (Insfitufi0na!)-to
the northWest and west. RS-4 (Residenfifl,~ Single-Family -
4' dWacre) to the northeast.
The 'general' existing use surroUnding
institutional and some residential.
the prope~ is
The Future Land Use Classification of the sUrrounding area
is RS.
Station #6 (350 East Midway
apProximately 3½~ miles to the east.
Road) is lOcated
The subject property is in the FPUA service area.
April 16, 1998
Pago 2
Petition: International Al~eimers Foundation Trust
File No: RZ-98-007
RIGHT'OF-WAY
The e~Sting fight-of-way for West Midway Road is~ 80 feet.
None,
Concurrency Deferral Affidavit.
ST.
for prOposed rezoning, tho Piing and Zoning commission
~ns:
¸®
Whether the, PrOposed rezoning i' ' '
S In conflict with any aPplicable portions of
the St. LuCie CoUnty Land DeVelopment Code;
The
zoning, district is consistent with the St. Lucie COunty Land
.specifically has met standards of Section 11.06.03.
Whether the proposed amendment is consistent with all elements of the St.
Lueie COun~ Comprehensive Plan;
The
with all elements of the St. Lucie
The request is compatible ~th-~e ~ (Residenfi~
~lassificafion, which allows ~~mtion~ Zoning.
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 and proposed institutional land
uses in the area. There are several institutional uses in the area. These include,
but are/not limited to: The Exchange Caste, New Horizons Mental Health
Facility, The' Sheriff's Department,' Post Office, and several churches,
Whether there have been changed conditions that require an amendment;
~conditions have not changed so as to require an amendment.'
.April 16, 1998 Petition:
Page .3
International Alzheimers Foundation Trust
File No: RZ-98-007
in~
SU
WOUld exceed the capacity 'of such public facilities,
to tr~,sportafion facilities se ·"
~ . . , .wage facdlfles,, water
solid waste, mass transit, and.r emergency
The intended ~use .for ~is
expected m create significant additional
development.
W'hether and ~the
significant
the proposed amendment woUld result in
impacts on 'the natural en~ronment;
®
be .on this: site. Any .fU~e .development of this site ~11 be required to comply
~thi all state .and local regulations. The site cont~ns numerous
~ine trees, trees Mll ".be addressed as'a
part ~of the required site pian fOr this project.
effect
the extent to which the proposed amendment would adversely
property Values in the area;
The proposed remning is not expected to adVersely effect' values in the
~ea. Several pareels in the, area are currently These
propeffies :.inclUde: The Exchange' Caste, New 'Ho~nS .Mental Health Facility,
The. Shehff's ~Department, Post-Office, and several churches,
Whether,and the extent to Which the proposed amendment would resultin an
logical development a' ~' ~ · .. '. .'
p ttern specfficaHy adenti'fymg ~any negative
affects such ~patterns;
An 'orderly and logical development pattern will occur with ~is change in zoning.
The suffering parcels Of Property are generally used for institutional and
residential uses.
Whether the proposed: amendment would be in cOnflict with the public
interest, and is in harmony with the purpo~ and intent of this Code;
The proposed· amendment wo~d~, not be in conflict with the public interest and is
in with the purpose, and intent of ther St. Lucie County Land
Development Code.
Pa§e 4
COMMENTS
not in eonffict '~th the
Plan. St~f
Petition:
IntematiOnal Alzheimers Foundation Trust
File No: ~-98-007
sease, 'The si
of ~e
~ 'Trust ~ Agent), has
I du/acre) to i
~a~,
-Order m establish an .assiSted living for
yacht.
it confoms ~th the standar~ of
~Development Code and is
St, Lucie CoUnty
to the Board County
Please,. :contact this-office .if you have any.: questions on this matter.
Attac~ents
hf
File
Suggested ,motion to recommend :approval/denial of this requested change in zoning.
_M OTIO,N. TO, APPROVE~
,
AFTER CON'SI:DERING_- -THE-TESTIM'O~ :-PRESEN~D-- DU'RI'NG-THE- 'PUBLIC
_
HEARING, I. NC'LUDtNG' STAFF~C:OMMENTS, AND THE STANDARDS OF :REVIEWAS
SET FORTH IN SECTI!ON',11 "06,03, ST,. LUCIE COUNTY LAND DEVELOPMENT CODE,
I HEREBY MOVE THATTHE PLANNING AND ZONING COMMISSION RECOMM~ENDI
THAT THE ST~, LUCIE COUN~ :BOAR'D OF COUNTY COMMISSIONERS GRANT
APPROVAL ~TO'THE APPLICATION OF INTERNATIONAL A~HEi~ER$ FOUNDATION
~TRUS'Ir (JAM'ES CONSENTINO, AGENT):FOR A CHANGE.,IN Z'ONING FROM THE AR-
1 (AGRiCU'LTURAL, RESIDENTIAL - 1 DUI^ORE) ZONING DISTRICT TO THE I
(INSTI'FUTIONAL) ZONING DISTRICT.
BECAUSE ....
~[CITE REASON WHY- PLEASE,BE,SPECIFIC].
AFTER CONS!DERI. N~G THE PRESENTED DURING THE PUBLIC
HEARING, INCLU-DING' STAFF COMMENTS' AND THE STANDARDS OF REVIEW AS
SET FORTHIN SECTION 11.06.03, ST.' LUCIE COUN~ ~ND DEVELOPMENT CODE,
I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND
THAT THE ST, 'LUCIE COUN~ BOARD OF COUNTY. COMMI.SSIONERS DENY THE
APPLICATION
OF
INTERNATIONAL
~ALZHEIMERS FOUNDATION TRUST (jAM~ES
cONSENT!NO, AGENT) ~FOR A CHANGE IN ZONING FROM THeE. AR-1
(AGRICULTURAL, RESIDENTIAL - 1 DU/ACRE) ZONING DISTRICT TO THE !
(INSTITUTIONAL) .ZONING DISTRICT.
BECAU;SE ...
[CITE-REASON-WHY- PLEASE BE SPECIFI'C].
< :~~ ..o _
0
; '
M_NNO0
' 9~
3380NO33NO -
S Z£ I _
Intern at io hal AlZhe i m er s
Foundation Trust
zoning
RZ 9&~07
. ~mmuni~ Development
Ge~raphic InformatiOn Systems
Intern ational AIZ he i:mers Fo undatio n Tru st
Land use
~mmuni~ DevelOp~nt
,G~r~ic Information Systems
RZ 98~07
AGENDA -PLANNING & ZONING 'COMMISSION
.... TH URXDA E APRIL 16, _1998
..
.,
7:00. p.M.
International A!zheimers Foundation Trust (James Consentino, Agent..) has peti~oned
St. Lucie ~Coun~ for a Change in ZOning from the AR-I (Agricultural, Residential- I .du/~Cre)
Zoning 'District to the I (InstimtiOnaO Zoning District for the following dcsc~bed properS:
SEE A TTA DESCRIPTION
(Location:
-South side 'of WeSt Midway Road, approxtmately 700 feet east of Dunn
Road)
.Please note that aH proceedings before the Local Planning Agency am electronically.
recorded. ~f a person decides ~to appeal any decision made by the Local Planning Agency with
respect to any 'matter-considered at such meeting or hearing, he will need a record of the
proceea~ngs, 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
is to be :based UpOn the .'request of any pa~ to the proceeding, individuals., testifying during a
hearing will .be sworn in. Any party to the proceeding will be granted an opportuni~ to cross-
examine any individual teS~tifYing during a hearing upon request. W~tten comments received in
advance of the public hearing will also be considered
Prior to this public hearing, notice oft he same was sent to aH adjacent property owners
April 3, 1998. ' Legal notice was published, in the Port St. Lucie News and The Tribune,.
newspaP, ers of general circulation in St. Lucie County, on April $,: 1998.
File No: RZ- 9 & 0 0 7
ST. LUCtF (
TO WHOM IT MAY CONCERN:i.' .,.
· ~:: .'
southeast~ m,,~ 'of
'07 feet; thence run ~
south right-of~
along ~the sOUth of State ROad 68. a distal
With ·'the west tine
southeast l~ a of
right-of-way line of ! 6'8 a distance of 200 feet
Point of Beginning (2212-421-0021-000/3);
·
S~n 12, TownShip 35 South, .Range 38 East, the east 150 feet
norlh 250 feet of the weSt 600 feet of the northwest !/~ of
less road right-Of, way .(0.52-AC) (OR 387-1321) t
000/0); and
Secti°n 1
west 807 feet of the northwest !/, t
parallel to south line of Orange
AC) ,(OR 315-1102:355-'277~) (
(Location: 15901 Orange A~,enue. South side of Orange Avenue,
approximatel ~;J'l 0 feet ~esf of Trowbridge Road)
beginning at
.Beginning, less
,, ~Map 3405S
;iL0cation:~'
east of Dunn
· : ,..
:Ad in'Room 10:l,'St..Lude Co~
or hearing,
may .n~ ~to GnlSu[e :that.
is to. be I~ase. d../
- ' PLANNING AND ZONING CO~AMISSION
pub!:'AP;..'3j ! 998.. /S/'DONNA C~LABRESE, CHAI~
ST. 'LUOIE COU~ ~ ~ ZONING' COMMISSION
.... '~ '' : "PUBUCHEARINGAGENDA
.
. .~ -..... APRIL 16, 1998
' w,t ,
,.-
~:D Wl'IO~ ~ MAY CONCERN:
"
...,
n:. ~side.of West M'~way Road, approximately. 'ii
-Foo re~t ~ ot ~r~ 'n.~ . , ' -
~ Luc!e County
Fort 'pierce, FlOri-'
~ EM. or as sOOn there'
'~ THE OF
SECTION '12, TOWNSHIP 35.~, THE EAST 150
J:,~ OF THE NORTH 250 FEET OF FEET oF I~E
..N'ORT~ST 1/4 OF THE
ROAD
'~-OF-WAY [0.52 AC] t -uuul
-000/0);
~TION 12. TOW~CSHIP 35 SOUTH, RANGE 38 .EAST, THE EAST 207
_F~E..ET OF THE ~T 807 FEET OF~ NORTHWEST 1/4 OF. THE
~EAST 1/4 LYING NORTH OF ~ PARALLEL TO ~ LiNE
C)¢: ORANGE A~,~NUE AND 150 FEET SOUTH THEREOF':[0.71 AC]
[OR 315-1102:3~-2772} (2212-421~2-O00/0). '
~. ~ocation: 15901 orange Avenue. Soulh side of Orange Ave-
.n~. approximately 310 feet wesl of T~owbridge Road]
PLAI'~ING ~ ZOffiNG COMMISSION
ST. LUCIE C~ FLO~
DONNA ~E, CHAIR~N
~blish: Apdl 3, 1998
P.' O, Box 3573
Fort Pierce, Florida 34948
April 14, 1998
Chairman and Members of the St. Lucie County Planning and Zoning commission
2300 Virginia.Avenue
Fort Pierce, Fl. 34982
Dear Chairman and Members:
At the April 8th meeting of the North Beach Homeowner's Association with approximately
110 members in attendance, the attached Resolution in support of St. Lucie County Ordinance
No. 98-06 limiting the use of Personal Water Croft was unanimously passed.
Attached as wall, is a summary of the Ordinance used to present the Resol ' .
membership. It was prepared by Diane Andrews, a resident of Queens Cove. We be a
very cone,.se and complete document. At a meeting of our Board of Directors, last evening, it
was decided to forward it to you ..along with this letter and Resolution. You may find it as helpful
as we did in cutting through the.legal language to present the facts.
It is our sincere hope that this Ordinance will pass.
Eno: 2
cc: County Commissioners
Sincerely,
Shirley M. Burlingham, 'President '
NORTH BEACH ASSOCIATION OF ST. LUCIE COUNTY
Post Office Box 3573
Fort Pierce, Florida 34948
RESOLU:TI.ON
The members present and voting at the April 8, 1998 meeting of the North
Beach Association of St. Lucie County, having familiarized themselves with
the provisions of the proposed St. Lucie County Ordinance No. 98-06 c0~.'-
ceming the operation and.safety of Personal Water Craft in waters under
the jur sdmbon of the County, hereby declare their suppo~ for the intent
of the proposed ordinance to protect life, limband, p~roperty of County
residents and visitors from the reckless or dangerous operation of
Personal Water Craft in our waters. · .....
ADOPTED by the membership this eighth day of April, 1998 for
presentation to the Board of Coun~ Commissionem of St, Lucie
County.
BY:
· Shirley E~lingham, P~r~~dent
ATTEST:
Any area
- Any other
Ki
Beaches.
~ate~:oriented;str~Ct~r~d~fined as
n'~ 0ffl,c:ial~~, ~N0
Boardwalk,
Frederick Douglas a i Waveiand~
AREAS OF SPECIAL MANAGEMENT (no operation greater than idle or slow
speed as appropriate):
Areas designated and posted as "No Wake/idle Speed Only" or "Slow Speed
Zone"', or areas designated and po~ted as "No Motor Power" zone, and any other
zones ~o designated by the Connty Commi~ioner~.
SPEED~ Maximum speed in permitted areas is NOT dictated but is defined as not
exceeding reasonable speed under existing conditions (other traffic, weather,
fishermen, water skiers, bathers, other hazards, etc.).
~ ~REGULATIONS FOR OPERATION:
-;-~c'_:./.-.' -,;:-.:.....,. ..... .. ~; .-~ ..... :.:.;: .._: .., ,:,.,. ......... ..:.....;.~.._:. ,.,.:~ .,..:,;...;::.::!:.:~;.,~:::::..: ....... .- :, '~"~"~'~'-'_:~.~
- Mandatory use of approved personal flotation device (same as State law);
- PWC's with lanyard-type cutoff switches must attach such lanyard to
his/her person;
- No operatiOn by minors under 14 and unlawful for owners/operators to
permit such operation by a person under 14;
- No operation between sunset and sunrise;
- No maneuvers which endanger life, limb or property (weaving,
"'um in '
J p g wake of another vessel, last-minute swerving, etc.) except for
properly authorized exhibitions, races, or tournaments.
- Occupational license and zoning comphanc required, and site must be
~ ~:~ ~ ,~r~ ~ ~ i~i~.lai~d~aSe:di!~ith+~g~eet~ee~s!,,to,~~ *, .... ~ ' ,~, x~l~~ es~, ~u§l~',g, hts~of~way,
that flOating :vendors may operate witl~in~iittoralt~'WatoVs'*~i~,~he~ndor~-,~r' [:~ ............... ~ 'has~
' t land-based site,' ·
an license ~ssued at tha
PWC may or operated
hnl t,
based site l PWC s idle speed ' i ·
itenter;
hie
chase
~PWC must
under age
i
M ! ~WAY I~0~