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HomeMy WebLinkAboutJanuary 15, 1998',St. Lucie Coun~ Planning and Zoning Commission/Local Planning Agency Regular Meeting St. Lueie County Administration Building- Room 101 January 15, 1998 7:00 P.M. CALL TO ORDERs: A. Pledge Of Allegiance B. Roll Call C. Announcements REVISED AGENDA AGENI)A ITEM._iA~ ELECTION OF' OFF!CER8 ~GEN. DA ITEM. 2_: MINUTES. OF THE DECEMBER. 17, 1997, MEETING Action Recommended: Approval. Exhibit #1' Minutes of December 17, 1997, Meeting. AGENDA ITEM 3: _FILE NO. RZ-9.S-001, ~CARTER'S GROC. ERY, INC Petition of Carter's Grocery, Inc., for a Change in Zoning from the AG-1 (Agricultural - 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District to expand the existing retail sales operation. Staff comments by Mike Picano. Action Recommended: Forward Recommendation to County Commission Exhibit #2' Staff Report and Site Location Maps AGENDA ITEM 4. FILE NO. RZ-98-003, HARBOR BRANCH OCEANOGRAPHIC -- -- i ii i i i L~ I III II J II I .~ , ~ · ~' ~ ~' · NS.IIi.U I.E, iNC. Petition of Harbor Branch Oceanographic Institute, Inc. for a Change in Zoning from the R/C (Residential/Conservation), AR-1 (Agricultural, Residential - 1 alu/acre), RS-2 (Residential, Single'Family - 2 du/acre), RM-5 (Residential, Multi-Family - 5 du/acre), CG (Commercial, General), IL (Industrial, Light), IH (Industrial, Heavy) and PMUD (Planned Mixed Use Development - Harbor Branch) Zoning Districts to the PMUD (Planned Mixed Use Development - Harbor Branch) Zoning District in order to provide a master plan for the future growth. Staff comments by Hank Flores. Action Recommended: Forward Recommendation to County Commission Exhibit ~3' Staff Report and Site Location Maps Planning and Zoning Commission Agenda January 15, 1998 Page 2 AGENDA..!TEM ~: FILE NO. PA-97-0.0S, QRDENANCE 98-002 Consider Ordinance 98-002, a General Amendment to Section 8.02.01 of the St. Lucie County Land DeVelopment Code. Staff comments by Dennis Murphy. This agenda item was continued from the December 17, 1997, Planning and Zoning Commission hearing. Action Recommended' Forward Recommendation to County Commission Exhibit #4' Staff Report OTHER. BUSINESS: Other business at Commission Members' discretion. Next regular Planning and Zoning Commission meeting will be held on February 19, 1998, in Room 101 of the St. Lucie 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 par.ty to the proceeding will be granted an opportunity to cross examine any individual testifying during a hearing upon request. Any questions about this agenda may be referred to the St. Lucie County Planning Division at 561/462.1586. St. Lucie Co.unty Planning and Zoning Commission/Local Planning Agency Regular Meeting St. Lucie County A ' ' dm~mstration Building- Room 101 January 15, 1998 7.'00P.M. CALL TO ORDER: A. Pledge of Allegiance B. Roll Call C. Announcements AGENDA AGENDA ITEM 1:' MINUTES~ OF THE DECEMBER 17 1997 MEETING · Action Recommended: Approval. · Exhibit #1' Minutes of December 17, 1997, Meeting. AGENDA ITEM 2~- FILE NO. RZ-98-001, CARTER'S GROCERY, INC Petition of Carter's' Grocery, Inc., for a Change in Zoning from the AG-1 (Agricultural - 1 alu/acre) Zoning District to the CG (Commercial, General) Zoning District to expand the existing retail sales operation. Staff comments by Mike Picano. Action Recommended: Forward Recommendation to County Commission Exhibit #2'. Staff Report and Site Location Maps AGENDA ITEM 3: , ~_ FILE .NO. ~RZ-98.,003 HARBOR BI~. NCH OCEANOGRAPHIC INSTITUTE~ INC, Petition °f Harbor Branch Oceanographic Institute, Inc. for a Change in Zoning from the R/C (Residential/Conservation), AR-1 (Agricultural, Residential - 1 alu/acre), RS-2 (Residential, Single-Family - 2 alu/acre), RM-5 (Residential, Multi-Family - 5 du/acre), CG (Commercial, General),~.~,, ,,~.IL (Industrial, Light), IH (Industrial, Heavy) and PMUD (Planned Mixed Use - oor t~rancn) ~oning District in order tO provide a master plan for the future growth. Staff comments by Hank Flores. Action Recommended: Forward Recommendation to County Commission Exhibit #3' Staff Report and Site Location Maps Planning and Zoning Commission Agenda January 15, 1998 Page 2 AGENDA ITEM 4': FILE NO.-PA-97-003~ ORD_ INANCE 98-002 Consider Ordinance 98-002, a General Amendment to Section 8.02.01' of the St. Lucie County Land Development Code. Staff comments by Dennis Murphy. This agenda item was continued from the December 17, 1997, Planning and Zoning Commission hearing. Action Recommended: Forward Recommendation to County Commission Exhibit #4: Staff Report OTHER. BUSINESS: A. Other business at Commission Members' discretion. Next regular Planning and Zoning Commission meeting will be held on February 19, 1998, in Room 101 of the St. Lucie 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 party.' to the proceeding will be granted an opportunity to cross examine any individual testifying during a'hearing upon request. Any questions about this agenda may be referred to the St. Lucie County Planning Division at ~61/462-1586. FAX NAME: FAX NUMBER 09-JAN 1.5: 1.5 S LAST TRANSACTIOt 94663768 Post-it® Fax Note 7671 -To lC_O'/Dep'' ~ iPhone # Phone Fax # -98 :16 088 $=FAX SENT I =POLL I N ( FAX RECE I VED ) O=POLLED OUT (FAX SENT) TO PRINT THIS REPORT AUTOMATZCALLY, SELECT AUTOMATIC REPORTS IN THE SETTINGS MENU. TO PRINT MANUALLY, PRESS THE REPORT/SPACE BUTTON, THEN PRESS ENTER. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY ST. LUCIE COUNTY DECEMBER 17, 1997- REGULAR MEETING MINUTES BOARD MEMBERS PRESENT: Tom Whitley, Albert Moore, Doug Coward, Stefan Matthes, Diana Wesloski, Robert Klein BOARD MEMBERS ABSENT: James Minix - resigned Ed Merritt, Donna Calabrese - both unexcused; OTHERS PRESENT: James Lancaster, Assistant County Attorney; Ray Wazny, Community Development Director; David Kelly, Planning Manager; Hank Flores, Planner III; Teresa Mancini, Planner I; Mike Picano, Planner I; and JoAnn Riley, Administrative Secretary PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Chairman Klein APPROVAL OF PLANNING AND ZONING COMMISSION MEETING MINUTES - REGUiLAR MEETING OF NOVEMBER 20, 1997 Chairman Klein asked if there were any additions or corrections to the minutes. There being no further additions or corrections to the minutes of the November 20, 1997 meeting, Chairman Klein asked for a motion to approve. Ms. Wesloski made a motion for approval, and it was seconded by Mr. Whitley. Upon roll call, the motion passed 5-0 with Mr. Matthes abstaining. PUBLIC HEARING ASSEMBLY OF GOD INC. FAITH TEMPLE CHURCH FILE NO. RZ-97-018 Ms. Teresa Mancini presented staff comments. Ms. Mancini stated that she was presenting the application of The Assembly of God Faith Temple Church for a change in zoning from the I (Institutional) and RS-4 (Residential, Single- Family - 4 du/acre) Zoning Districts to the RF (Religious Facilities) Zoning District in order to allow the applicant to expand the existing religious facility. She stated that she will also be presenting the application of The Assembly of God Faith Temple Church for a Conditional Use permit to allow educational services in the RF (Religious Facilities) Zoning District and that for the sake of simplicity the following information is relevant for both petitions; each petition will require a separate public hearing. She stated that the subject property is located on the south side of Avenue T, approximately 1,250 feet west of North 25th Street. She stated that the subject property is surrounded by the RS-4 (Residential, Suburban - 4 du/acre) Zoning District; the Fort Pierce City Limits are located to the south of the subject property; the property is surrounded by the RU (Residential, Urban) Future Land Use Designation. She stated that educational services associated with the religious facility are allowed as conditional uses in the RF (Religious Facilities) Zoning District. The proposed educational facility will have a student population of approximately 30 students and operate ~between the hours of 7:00 p.m. to 9'00 p.m. She stated that staff has reviewed each of these petitions and determined that they conform to the standards of review as set forth in the Land Development Code and are not in conflict with the Comprehensive Plan. Staff recommends that the Planning and Zoning Commission forward these petitions 'to the Board of County Commissioners with a recommendation of approval subject to the following conditions associated with the conditional use permit. o The hours of operation shall be from 7:00 p.m. to 9:00 p.m. Monday through Friday. 2. The total school enrollment shall not exceed 30 students. Chairman Klein asked if there were any questions. Chairman Klein asked if the applicant was present. Simel Davis, Pastor of the Assembly of God Faith Temple Church, 2805 Avenue T, Fort Pierce addressed the Board. Pastor Davis stated that the purpose of being here tonight is they would like to expand the 'church and include a religious facility to accommodate some of the children in the neighborhood as well as the children of the members of our church. Chairman Klein asked if there were any questions. At this 'time, Chairman Klein opened the public hearing. Hearing no further arguments in favor of or in opposition to the petition, Chairman Klein closed the public portion of the hearing. 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 Assembly of God Faith Temple Church for a change in zoning from I (Institutional) and RS-4 (Residential, Single-Family - 4 du/acre) Zoning Districts to the RF (Religious Facilities) Zoning District. Mr. Coward seconded the motion, and upon roll call the Board voted 6-0 in favor of the motion. Chairman Klein stated that the petition for rezoning would Commissioners with a recommendation of approval. be forwarded to the Board of County PUBLIC HEARING ASSEMBLY OF GOD INC. FAITH TEMPLE CHURCH FILE NO. CU-97-012 Ms. Teresa Mancini stated that for the record her prior comments will also hold for the petition for a conditional use permit for Assembly of God Faith Temple Church. At this 'time, Chairman Klein opened the public hearing. Hearing no further arguments in favor of or in opposition to the petition, Chairman Klein closed the public portion of the hearing. After considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in Section 11.07.03, St. Lucie County Land Development Code, Mr. Whitley moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Assembly of God Faith Temple Church for a conditional use permit to allow religious educational services in the RF (Religious Facilities) Zoning District and include conditions that the hours of operation be 7:00 p.m. to 9:00 p.m. Monday through Friday and a maximum of 30 students. Ms. Wesloski seconded the motion. Chairmm~ Klein asked Ms. Mancini and the applicant if they are agreeable to these conditions. Ms. Mancini stated that this information was submitted by the applicant. Chairman Klein asked Pastor Davis if he is agreeable to these conditions. Pastor D~[vis stated yes. Upon roll call the Board voted 6-0 in favor of the motion. Chairman Klein stated that the petition for a conditional use permit would be forwarded to the Board of County Commissioners with a recommendation of approval. PUBLIC HEARING ORDINANCE 98-002 FILE NO. PA-97-003 Mr. Kelly presented staff comments. Mr. Kelly stated that Ordinance 98.002 is a petition of the County Commissioners to amend the St. Lucie County Land Development Code by amending Section 8.02.01 which section covers temporary uses. Mr. Kelly stated that the intent of Ordinance 98-002 is to provide standards for a particular temporary use which is special vehicle and boat sales on sites not approved for the permanent display of vehicle and boat sales i.e. those sales occurring at the Mets Stadium, the Civic Center parking: lot or some other parking lot where an automobile sales company moves their cars for a weekend sales event. ~- Mr. Kelly stated that up to this time we have had no standards for such use; this proposed Ordinmme sets standard such as requiring that there be paved access points; that there be four or fewer consecutive days and various other as annotated in the ordinance. Chairman Klein asked if there were any questions. Mr. Coward stated Item ~3 on page 3 states the event shall have a duration of four (4) or fewer consecutive days; is there additional language in the ordinance that says how many times per year they are allowed to have these special events. Mr. Kel. ly stated not at this time; if the Board wants to add or make a recommendation, this could be done. Mr. Kelly added there are similar limitations on other temporary uses, such as garage sales in the code, where at a particUlar location, a garage sales can only be held two (2) times per year; that was not included in this particular ordinance and could be a recommendation. Mr. Moore stated since this has not been standardized up to this point, has there been any enforcement, what Was the motivation of this change, has there been a problem in the past. Mr. Wazny stated that to address your question, the intent of this ordinance change is to parallel Indian River County and what precipitated this was the car dealers in St. Lucie County, all of them, sent a letter to the Board of County Commissioners. The letter expressed concern that St. Lucie County car dealers because of the way Indian River and Martin Counties ordinances are structured; are prohibited from going into these Counties and doing business, setting up a sales event; by a specific ordinance; the dealers submitted a petition stating it is unfair to prevent them from doing business in Indian River; yet allowing Indian River and Martin County car dealers to do business in St. LuCie County. As a result of this letter and petition we structured this ordinance which parallels Indian River, which states you must be a licensed car dealer in St. Lucie County in order to have one of these events. Chairman Klein asked Mr. Wazny if the car dealers paid a fee to have this ordinance put forward. Mr. Wazny stated no. Mr. Whitley asked if this includes recreational vehicle sales. Mr. Kelly stated yes; the ordinance includes special vehicle and boat sales events. Chairman Klein asked staff if a car dealer in St. Lucie County could purchase an Occupational License in Indian River County without having a location their just for the purpose of having an event. Mr. Wazny stated no, they must have a physical location in the county. Mr. Coward stated if staff is making a recommendation for four (4) consecutive days and there is no provision for the number of times per year; logic seems that you could stop for a day and then continue on throughout the year. Mr. Coward asked staff what was the logic for the provision for the number of days and would staff have any further recommendation regarding the number of times per year; do the Other ordinances address that issue. Mr. Kelly stated that if you are asking for a recommendation, one per quarter seemed reasonable; he would be glad to look at it prior to the County Commission hearing if that were the Board's direction[ and would make a recommendation at that time. Mr. Coward stated that if we are going to have a provision for four (4) consecutive days that we also note how many times per year it can be done. Mr. Kelly stated that most of these are done over a weekend or a long weekend and four (4) days probably covers any single event. Mr. Kelly further stated that he hesitates to make a recommendation on a number tonight. Mr. Coward stated that he does not have a number; but he feels that there should be a provision for such. Chairman Klein stated that he would support a reasonable limitation on the number of times per year. Ms. Wesloski commented that if staff patterned this after Indian River and Martin Counties; they did not indicate a number per year; they have had historical time with this ordinance and they never added it; perhaps it wasn't necessary. Ms. Wesloski asked staff if you have a situation where a bank has several cars they need to depose of due to repossession; they do not have an Occupational License as a car dealer; can they not set a tent up and have a sale. Chairman Klein stated the ordinance reads one or more dealers having a valid St. Lucie County Occupational License; it does not state that they have to have an Occupational License as a dealer; but it says a dealer has to have an Occupational License. Mr. Kelly stated that we could treat it as the sale of cars at a bank, owned by that bank, through repossession as an accessory use, and is not treated in any way as a dealer in the past. Mr. Kelly further stated that if the Board would like staff to look at clarifying language prior to the Commission, staff would be happy to do so. Chairm~m Klein stated that he would like to make sure that we do not exclude that use. Ms. Wesloski asked Mr. Kelly if he spoke to staff at Indian River and Martin Counties to see how this ordinance was working. Mr. Kelly stated no; however, staff will contact Indian River and Martin Counties to see if they have experienced any problems with not having a time limitation. Ms. Wesloski stated if Indian River and Martin are having a problem where they are setting it up; not lhaving business for that day and then re-setting the tent for every weekend' if they are seeing that or not seeing that. ' Mr. Kelly stated that these are good questions to ask. Ms. Wesloski stated that she is afraid if we include that limitation; it is exactly what it is, a limitation. Ms. Wesloski further stated if this is the language Indian River and Martin Counties are using and they do not have a problem then it really is not necessary. Mr. Moore asked staff if they took into consideration there might be businesses in St. Lucie County tlhat are not car dealerships that could be hurt by this; for example the people who rent out the space, the banks and the Mets Stadium do not lease out that area for free. Mr. Moore stated that it seems like a special interest problem, wherein a car dealership will say we are being treated unfairly because we have counties that have these restrictions, okay great we will treat the car dealerships fair, but what happens to the rest of the business interests in the county that might make money from businesses outside of the county. Mr. Kelly stated that staff did not look at this; staff constructed an ordinance essentially as we were instructed to construct it. Ms. Wesloski stated that she agreed with Mr. Moore and if we place the limitation on so many per year. Chairman Klein stated that the car dealers in St. Lucie County are asking for this. Mr. Kelly stated yes. Chairman Klein stated that the limitation might be something the car dealers had not considered; this is not done that many times per year, that it would become an issue; they dealers were just trying to level the playing field with regard to businesses in other communities; the only businesses that would be affected would be those leasing out the space to the dealers coming in from Indian River and Martin Counties. Chairman Klein further stated that if St. Lucie County dealers are doing this, presumably they have been doing this because there have been no rules for or against it, they have just been able to do it; the only difference for the owners of the space are how many dealers are from out of town; it does not affect the location of the sale it affects the dealer. Chairm~m Klein stated it would be nice to speak to the dealers; although he does not have a problem, with the number of limitations; if the dealers were concerned about the ordinance going forward with a recommendation for a limitation on the number of times per year, at least as a courtesy' to the dealers, they should know so they can appear and talk to the County Commission about something that they did not anticipate. Ms. Wesloski asked what item number contains the word "dealers". Chairman Klein stated J. 3. Mr, Coward stated that he does not feel strongly about a limitation; if we are going to begin to talk about a limitation of four (4) consecutive days, then it would seem logical to do a certain number per year; if you are not going to have limitations throughout the year, why would you even have this provision. Ms. Wesloski stated that because it encompasses a weekend or a long-weekend. Mr. Coward asked Ms. Wesloski what would be the need to not allow a longer period of time; why the restriction that she was against in reference to the entire year. Ms. Wesloski stated that if the Board uses Mr. Kelly's suggestion of once a quarter, that is only four (4) times per year; not knowing the type of revenue generated, if you lease it and are only allowed four (4) times per year. Mr. Kelly stated that once a quarter was only an example. Ms. Wesloski stated that she would rather see the ordinance go with limitations and then address problems if they occur; is seems that it could possibly affect someone we are not considering at this time. At this time, Chairman Klein opened the public hearing. Hearing no further arguments in favor of or in opposition to the petition, Chairman Klein closed the public portion of the hearing. Ms. Wesloski stated that she did not feel comfortable voting on the ordinance at this time; she would like for staff to speak to Indian River and Martin Counties and have the word "dealers" removed from item 3, page 3. Mr. Wa.my stated Indian River and Martin County car dealers will get together and come to a commercial space in St. Lucie County, it may not be the same area all the time and they will have a sale; the sales event, even though it is not specified in the draft ordinance, are sales events that car dealers do on their own lots anyway; sales where car dealers will get together and go down to the Stadium, to the fairgrounds or some other public commercial area together as a group of car dealers and sell their vehicles on a sales event. Mr. Wa:my further stated with respect to the possible limitation on times per year, it may not be applicable, and certainly something that we as staff will look at between now and the Board of County Commission hearing if you elect to forward this; the intent, if you are a car dealer and you are assembling these vehicles you might have a sale in Lakewood Park one weekend, the next weekend have one down south on U.S. 1, one on Hutchinson Island and some other location in the county; there may not be a need to restrict the number of times because it is unlikely that they will[ have a sales event at the same location every weekend; they can do that at their existing dealership; this is a several times a year event where they assemble cars. Mr. Moore stated that if it is such a problem that we have these out of county dealerships coming in; then someone here in this county is making money leasing the space; and you are going to take that away from them. Mr. Moore stated that he feels uncomfortable saying the car dealerships deserve this because other counties have it; when the people that are leasing the space are going to lose money that is coming in from sources outside of the county. Mr. Wazny stated that is a valid point. Chairman Klein stated that with regard to the stadium, isn't that county land. Mr. Wazny stated yes. Ms. Wesloski stated that the fairgrounds is not, they lease it, whatever they generate, they keep. Chairman Klein stated that St. Lucie County itself leases out the Stadium; a number of events 10 are held there; it is the County putting this ordinance forward. Ms. Wesloski asked if the ordinance requires a St. Lucie County Occupational License. Mr. Kelly stated yes, item 3 on page 3. Ms. Wesloski asked staff if a local bank came in and said we want to have a temporary car sale, with a tent, with the language in the proposed ordinance, would they be able to do so. Mr. Kelly asked Ms. Wesloski where would the bank get the cars, what cars are they selling. Ms. Wesloski stated cars they have repossessed. Mr. Kel. ly stated that. he would consider that an accessory use. Chairmtm Klein stated that you could make a clarifying statement that this does not affect banks; if there were to be a limitation on the number of times would not be applicable to a financial institution selling repossessed cars on its own premises. Mr. Kelly stated to Ms. Wesloski that the reason he questioned that was because there are banks who lease their parking lots to a dealer, which is a different situation. Ms. Wesloski asked staff if that bank wanted to have a sale; could they use their Occupational License and have an outside dealer bring in the cars. Mr. Kelly stated that to use the bank's Occupational License to sell dealers cars; as this ordinance is written; no. Mr. Kelly stated that they could sell their own cars as an accessory use; but the bank could not use it's Occupational License to bring in automobiles from a dealer in Indian River County. Ms. Wesloski asked staff how they are going to stop that. Chairman Klein asked staff if that would then be a code violation. Mr. Kelly stated that it would have to revert to the Code Compliance process; a dealer who recognizes this is going on would have to report it to Code Enforcement and they would do their best to stop it; although it is on a weekend an officer may not be handy at the time; certainly we could take a look at it and try to head it off the next time if we did not get it stopped that particular weekend. ~ Mr. Coward stated he is not trying to take a position; he is just trying to figure this out; he understands the ordinance would be providing the opportunity for special events on more properties; so we would be opening up for greater competition; on one hand we could look at it has hurting individual businesses but isn't it more of a competitive situation on more properties 11 in the counties. Ms. Wesloski stated not unless you are a St. Lucie County dealer. Mr. Coward asked if there are other types of businesses in the county that would be eliminated. Mr. Moore stated that if there weren't a problem, there would not be a need for this revision; the local dealers are saying they are coming in from the other counties; so if there is not a problem with all. of the businesses coming in; obviously there is some money being generated. After considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in Section 11.07.03, St. Lucie County Land Development Code, Mr. Moore moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners deny the amendment to the text of Section 8.02.01 to provide for the creation of paragraph (J) authorizing special vehicle and boat sales events on sites not approved for the permanent display of vehicle and boat sales in the CG (Commercial, General), IL (Industrial, Light), and IH (Industrial, Heavy) Zoning Districts. Ms. Wesloski seconded the motion, and upon roll call the Board voted 2 in favor with Mr. Whitley, Mr. Coward, Mr. Matthes and Chairman Klein voting against the motion to deny. Chairm,m Klein stated now that the motion to deny has been defeated, would anyone, like to make another motion. Ms. Wesloski made a motion to table until staff can speak with Indian River and Martin Counties and report back to the Board. Mr. Whitley seconded the motion, and upon roll call the Board voted 4 in favor with Mr. Coward and Chairman Klein voting against the motion to table. Chairm~m Klein stated the motion to table carries. Ms. Wesloski stated she did not set a specific time. Mr. Lancaster stated that this would have to be readvertised by tabling it; giving them the direction to go back; now if you want to continue it to the next meeting; we could do that, but that is not what was just done. Chairman Klein asked Ms. Wesloski if she wanted to amend her motion to a date certain. Ms. Wesloski asked staff if one (1) month is enough time. Mr. Kelly stated one (1) month is fine. 12 Ms. Wesloski amended her motion to January 15, 1998, the next regular Planning and Zoning Commission hearing. Chairman Klein asked Mr. Whitley, who seconded the motion, if he agreed. Mr. Whitley stated yes. Chairman Klein asked Mr. Lancaster if we have to call the roll again. Mr. Lancaster stated no, unless someone disagrees. Chairman Klein polled the Board and no one disagreed. Chairm~m Klein stated to Mr. Wazny that the Board would like to hear from the people who are indicating that this is a problem; maybe they could come to the January 15th meeting to speak to this. Mr. Wa.my stated Staff will ensure they are at the January 15th meeting. 13 PUBLIC HEARING ORDINANCE 98-003 FILE NO. PA-97-004 Mr. Mike Picano presented staff comments. Mr. Picano stated that he was presenting the application of Liberty ScraP Metal Plant II, Inc. for an amendment to the St. Lucie County Land Development Code Section 7.10.12 by adding to paragraph A(1) the term "non-ferrous metals" to the list of scrap materials that may be collected for recycling in the IL (Industrial, Light) Zoning District. He stated that the proposed Land Development Code amendment was submitted by the Liberty Scrap Metal Plant II, Inc. in accordance with the provisions of Section 11.00.01 of the Land Development Code. He stated that Liberty Scrap Metal buys and sells non-ferrous metals, a light use which requires little processing, Staff believes that the proposed addition of non-ferrous metals would not affect most of the industrially zoned property in St. Lucie County. Where the amendment does affect property', the addition of non-ferrous metals for recycling is consistent with other IL (Industrial Light) uses. ' He stated that staff recommends that the Planning and Zoning Commission forward this petition to the Board of County Commissioners with a recommendation of approval. Chairman Klein asked if there .were any questions. Chairman Klein asked Mr. Edelmann if they are on Angle Road and if they lease from Kim Moses. Mr, Edelmann stated yes. Chairma~a Klein stated Ms. Moses is a client of his firm, although they have not done any work for her in a long time, he will recluse himself :from this hearing; Ms. Calabrese is not present tonight so we do not have anyone to take over the gavel; a quick election for a chairperson pro tem to chair this particular item will be necessary. Chairman Klein asked for a nomination. Ms. Wesloski moved to nominate Mr. Moore. Chairman-Klein asked for a second to that motion. 14 Mr. Wlaitley seconded the motion. Chairman Klein asked Mr. Moore if he accepts that nomination. Mr. Moore stated yes. Chairman Klein asked if there was anyone else wanting to make a motion; seeing none we will close the nomination and upon roll call the Board voted 5-0 in favor of the motion with Chairman Klein abstaining. Mr. Whitley asked staff if they could provide an example of a non-ferrous metal. Mr. Picano stated that The Webster's Dictionary states metal which does not contain iron. Mr. Whitley asked'staff for a practical application of that definition. Mr. PiCano stated copper, aluminum cans and lawn furniture. Mr. Kelly stated that the prior wording was aluminum and other metal cans; the intent here is to allow broken lawn furniture, aluminum gutters, copper pipe or any of those materials to be collected and sent for processing at another site. He pointed out that this would be allowed on any IL site in the County. Chairmam 'Moore asked if there were any further questions of staff. Mr. Co~vard asked staff if this type of use is currently allowed in the IH (Industrial, Heavy) Zoning ]District. Mr. Kelly stated yes, IH (Industrial, Heavy) includes everything up to and including junk yards and junked cars which obviously contain a lot of iron. Chairm~ra Moore asked if there were. any further questions. Chairm~m Moore asked the petitioner if he would like to address the Board. Mr. Allen Edelmann, the President of Liberty Scrap Metal Plant II, 417 Angle Road addressed the Board. Mr. Edelmann stated that they haVe been in Fort Pierce for eight (8) years; they would like to purchase the property just to the south of their present location. He stated that they would like to have a modern, state-of-the art facility; they presently have a location in West Palm Beach, Liberty Scrap Metal.. He stated the recycling loop is 360 degrees, they handle the first 45%; they strictly buy non- ferrous metals, being any metal with the exception of tin, iron and steel. He stated that 50% of 15 their business is aluminum cans; 25% is aluminum; and the remaining 20-25% is copper. He stated they buy cut-offs (i.e.' a plumber buys 100 foot of copper, he only uses 90 foot for the job, instead of sending the 10 foot to the landfill he brings it to them); put it on the scale; put it into the bailer which crushes it; place it on a truck and ship it out to the mill; the mill takes care of the remainder; 99% of the materials they receive are very small; 6 inches to 2-3 foot in length. Chairman Moore asked the Board if they had any questions for Mr. Edelmann. Mr. Edelmann further stated that the four basic non-ferrous metals are aluminum, copper, brass and zinc. At this time, Chairman Moore opened the public hearing. Hearing no further arguments in favor of or in opposition to the petition, Chairman Moore closed the public portion of the hearing. After considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in Section 11.06.04, 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 Liberty Scrap Metal Plant II, Inc, for an amendment to the text of' Section 7.10.12, St. Lucie County Land Development Code, to allow for the addition of "non-ferrous 1" meta s to the list of scrap materials collected, for recycling, in the IL (Industrial, Light) Zoning District. Mr. Whitley seconded the motion, and upon roll call the Board voted 5-0 in favor of the motion. Chairman Moore stated that this petition would be forwarded Commissioners with a recommendation of approval. to the Board of County 16 OTHER BUSINESS: Chairman Klein stated that Mr. Minix has resigned from the Board; he has taken a job on the west coast; we have a nice plaque stating The Planning and Zoning Commission/Local Planning Agency of St. Lucie County in appreciation to Jim Minix for services far and beyond the call of duty December 1994 to December 1997. Chairman Klein further stated that on behalf of the Board he would like to express his appreciation for the time he was able to serve. There being no further business, the meeting adjourned 7:58. 17 PLANNING A~. ZO~NG COMMISSION. ~VIEW' File Number RZ,98-001 01/15/98 M~E M O,R A, N,,D, U,,,M DEPARTMENT OF COMMUNITY DEVELOPMENT ~TO: FROM: DATE: Planning ~d Zoning Commission Planning Manager~ J:anu~ 8, !9:98 ApplicatiOn of Carter's Grocery, Inc. fora 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, EXISTENG ZON~G: AG-1 (Agricultural- 1 du/acre) PROPOSED Z G: CG (Commercial, General) FUTURE USE: ~D (Mixed Use Development) PARCEL SIZE: 2.1-5 acres PROPOSED US E: Carter's Grocery and Retail ~S.ales SU~OUND,~G ZON~G: CN (Commercial, Neighborhood) m the immediate north; IL (Industrial, Light) to the north and east; IX (industrial, Extraction )to th e so utheast; A G- 5 (Agri cul tur~ - 5- du/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. FIRE/EMuS PROTECTION: Station #11 (Shinn Road) is located approximately. 4 miles to the southeast. January 8, 1998 Petition: Page2 C ! arter s Grocery, Inc. File No: RZ-98-001 UTILITY: SERVICE: On-site well and septic. TYPE D, RIGHT-OF-WAY ADEQUACY: ENTS: The existing right,of-way for Orange Avenue Extension is 90 feet in Mdth. None at this time. Concurrency Deferral Affidavit STANDARDS~ OF REVIEW'AS SET FORTH IN SECTION 11,06.03, ST, LUCIE COUNTY LAND' DEVELOPMENT CODE In reviewing-.this .apPlication for pro osed rezoning, shalI con.sider :'~d m~; the ~oti.o~~.dePte.~i~i~iio~,- the Planning and Zoning Commission ® 3~ Wlhether the proposed rezoning is in conflict with ~any applicable portions of the St. LuCie Coun~ Land Development Code; The proposed change in zoning is consistent with all elements of the St. Lucie Co~~ comprehensive Plan- The request is compatible with the ~D - Orange Avenue (Mixed~Use Development) Future Land Use cl~sificafion, which ~lows CG (Commercial, General) Zoning:-The subject prope~' is located within an area designated for commercial and industrial uses in the St. Lucie County Comprehensive Plan. . Whether the proposed 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 CounW Comprehensive Plan. The MXD -. Orange Avenue-Future Land Use Cl~sification allows CG Zoning in its area of proposed development. Whether and the extent .to which the proposed zoning is inconsistent with the exiSting and prOposed land uses; January .8, 1,998 Page 3 Petition: Carter's Grocery, Inc. File No' RZ-98-001 e m The proposed zoning is consistent with the existing land.Uses and proposed uses in the area. The general use of the immediate surro~ding area of the subject prope~ is De Priest Harvesting and Russakis Tractors to the east; orange.groves m the west; Irrigation Wholesale and BBC Grove Service to the north; United Agri Products, Fruit Packing Warehouse ~d Grove Gourmet Shipping Company to the northwest. W~hether there have been changed conditions that require-an _amendment; Conditions have not: changed so as-to require an mendment. Whether rand the extent to which the proposed amendment would-result in demands on public facilities, and whether or to the extent to which the pro'posed 'amendment ,would exceed the capacity 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; ~ The intended use for this rezoning is not expected to create 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. 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 ~.e natural environment. Any development will need to COmply with local, state, and federal environmental regulations, Whether and the extent to which the proposed amendment~would adversly · affect the proper~ values in the area; The proposed amendment would not affect the surrounding property values. 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 and harvesting,. residential homes, and farming which are compatible wi~ the proposed use. JanUary 8, 1~998 .Petition- Page 4 Carter's Grocery, Inc. File No: RZ-98-001 Whether the proposed amendment would be in conflict with the. public interest,, and is in harmony with the purpose and intent of this Code,' The .proposed amendment would not be in conflict '~th the public interest ~d is in harmony with the ~d intent of the St. Lucie Co~W Land Development Code, ]:~: e petitioner, ,Ca ter'~s ~Groce~, Inc. has requested this change in ,zoning from ~e AG-1 (AgriCultural -. I ~d e) Zoning DiStrict' to the ~CG (Commercial'-Genera) .Zoning Dis~ct for :2.~ 15 acres of at 15901 Or--ge Avenue in o'rder to establish a ~oc.e~ store and o~her .retail: uses on The subject prope~ is' located in an area designated for eommemi~ in the St. Lueie Co~~ Comprehensive Plan, Staff ~has reviewed ,his .and determined that it-conforms Mth ~e stand--ds ~of review as set :fo~h in Section ~!' St. Lucie Coun~ Land Development C~de ~d is not-in conflict Mth :the goals, objee6ves, ~d policies of the St. Lucie Co~W Comprehensive PI~. ~Sl~f .is. recommending thru you forward this petition 'to the Board of Co'~unW COmmiSSioners- ~h a recommendation of approval. Please .comact this office if you have any questions on this matter. Attaehments mp ce: Craig andDe~se Carter File suggested moil-on to recommend approval/denial of this requested change in zoning. MOTION ~TO APPROVE:~. AFTER CONS~E~NG T~ TEST!MO~ P~SENTED D~NG THE PUBLIC HEA~G, INCL~)ING STAFF' 'CO NTS, A~ THE STA~A~S OF ~VIEW AS SET FORTH · IN~ :SECTION 11.06,03, .ST. LUCiE CO~TY LA~ DEVELOP~NT 'CODE, I ~~BY MOVE~ T ~ "PLA NG A~ ZO~NG CO.MMISSION ~CO~~ ~T T~ ST. LU2tE CO BOA~ OF CO~TY CO~SSIO~RS GRANT APPROV~ TO T~ APPLiCATiON OF CARTER'S GROCERY, ~C. FOR A CHANGE IN ZO~NG FROM A.G-1 (A C T~L'- 1 DU/AC~) (C'O~EI~CiAL,. GEt.L) ZO G DISTRICT. ZO~G DIST~CT TO T~ CG BECAUSE ... [CITE ~ASON W~ - PLEASE BE SPEC~IC]. 'AFTER CON NG ~TE.ST~O~"P~SENTED D~NG'T~ P~LIC ~~G, INC ING'STAFF CO NTS, A~ T~ STA~A~S OF ~ViEW AS SET FORTH IN SECTION i i:06:03, !ST.. LUCIE CO~TY LA~ DEVELOP~NT CODE, I Y MOVE THAT PLA~NG A~ ZO~NG CO~SSiON ~CO'~~-'THAT ~ ST. LUCIE CO' TY BOARD ~OF CO~TY CO~SSIOI'~RS DENY T~ ~PLICAT!ON OF CARTER'S GROCERY, ~C. FOR A CHANGE IN ZO~NG FROM T~ AG-1 ( C~T~L - 1 DU/AC~) ZO~NG DISTRICT TO THE CG (CO~RCIAL, GE~RAL) ZO~NG DISTRICT. BECAUSE ..... [CITE ~ASON W~- PLEASE BE SPECIFIC]. C: )d. Nf'lO0 33~]0H033~0 s ~_£ ~ Zoning Craig E. and Denise RZ 98-001 3 5 2 4 Orange ($R M. Carter AG-1 IL IL Community Development Geographic Information Systems Map prepared December 16,1997 N. E. and Denise M. ,Carter Land Use Mixe.d Use Orange Ave Tract "A" Tract "B" 3 5 -orange Avenue Mixed USe Oran.,ge Ave West 'West RZ 98-001 Community Development Geographic-Information Systems AGENDA- PLANNING & ZONING COMMISSION THURSDA E JANUARY 15, 1998 7:00 P.M. C~rter s Grocery, Ina has petitioned St. Lucie Coun.~ fora Change in Zoning from the AG-I (Agrieultural- 1 dU/acre) Zoning District to the CG (Commercial, Genera0 Zoning District expand ~the ~existing retail sates operation for the following described property: 5~E A TT,/I .DESCRIPTION (Lo : 15901 ~Orange Avenu~ South side of Orange Avenue, approximately 310 feet west of Trowbridge Road) Please note .that all proceedings before the Local Planning Agency are electronically 'ecorded. If a person decides 'to. appeal any decision made by the Local Planning Agency with respect to any.. matter considered at such meeting or hearing, he will need a record of the proc:eedings,'~..and~that, for such. pu~ose, he may need to ensure that a verbagm record of the procee is made, which-record includes the testimony and evidence upon which the appeal 'is 'to be based. Upon ..the request.of any party 'to~ the proceeding individuals testi~ing during a~ hea~ng will be sworn in. Any ~par~ to the proceeding will be granted an Opportuni~ to cross' examine any individual testi~ing dU~ng a hearing upon request. Written comments .received in advance, of the public heaHng will also be considered. Prior to ..this public hearing, notice of the same was sent to aH adjacent proper~ owners January2, 1998. Legal notice was published in the POrt St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on January 5, 1998. File No. RZ-98-O01 'j ST. LUCIE COUNTY PLANNING ~.~n ?r", ...... ~,.-,,', I' - ' PUBLIC' H~ A RI NG ...... AGENDA'"" "'*'~',.:' ' ' ' JANUARY 15, 1998. . .~.,  TO WHOM iT MAY CONCERN. . J~ ,NOT!j~E is hereby given in 'accordance with Section 11.00 03 of the St Lucie ~o ..... ,~.4 I ~ode and in a~cordance 'with the .'provisions .of the St.. Lucie Cbun~ Comp;ehensiv~ ~l"a'n;, ~ th~ J.jf°lj°ws: ' 'J :aPplicants 'have r~uested fhat. the St..Lucie. County. Planning and Zoning C~mmissJon consider their request., "'~s /J l, Carter's Grocery, lnc.~ has petition~ St. Lucie Coun~ for a :Change in Zoning from the AG. 1 (Agri~Jturat Jl' alu/acre).Zoning District' to the CG (COmmercial, General) Zoning Distrid to expand the existing retail.sates Joper~fi°n for the.folt0Wing.described ~pro~rtY: ' . , J BEGINNING/AT.THE iNTERSECtION .OF THE SOUTH LINE OF STATE ROAD 68 AND T~HE WEST LI~'~F J?HE NORTHWEST ' tEAsT I/4 'OF SECTION i2, TOWNSHIP 35 SO J ~ET~ENCE sOUTH' 275 FEET FOR THE POINT-C I ~.,,, UN NORTH.: THraCE RUN EAST 54 .:' WEST 400 FEET; RUN NORTH 200 FEET J . , sTATE ~oAD- '68 . AND' THE WEST LINE O~ THE OF THE SOUTH !2 A' lNG. D...m(L°~ati°n': t 590i .Orange.. Avenue..South side of Orange Avenue, approximately 3 t 0 feet west-of TroWt~ridge · · . · Ji ,~ '. ,IL DistriCt 'in order to 'prdvide~a 40 · tn.e 1-, -~,~; l AT THE INTERSECTION OF THE' MEAN HIGH WATER LINE OF THE WEST BANK PARALLEL WITH ,THE SOUTH LINE ALONG'SAID A DISTANCE OF 100 FEET FEET;, THENCE N 89°36'54" W A ADISTANCE OF 213.52 FEET; THENCE N 89°~36'54'? E SOUTH L!NE OF SAID WILCOX ROAD A DISTANCE OF NE OF THE FLORIDA EAST GgAST LINE N 20~07~42'~W,'A 'THE .OF 11,509,192 N 22°1'0'17" W ALONG 43"W ALONG DISTANCE OF 1415:.02.PEE,T;. RAILROAD'qRUN LINE OF THE HE 'SerUm"' "EST/r?~,,v 5, TOWNSHIP 34 A DISTA'NCE OF'~j 1.45 OFJ S 3 OF ;TANCE OF I730 FEET MORE OR TO THE WATERS OF THE EASTERLY, SOUTHERLY CHANNEL, WESTERLY AND SOU MEANDERING THE WATERS OF THE INDIAN .RIVER' TO THE pOINT OF BEGINNING; THE SOUTHEAST QUARTER (SEI/~) O.F THE NORTHWEST. QUA~;TER RANGE 40 EAST, LYING EASTERLY OF 'OLD DIXIE RAILROAD; THE 0014 FEET OF THE NORTH 429~00 FEET T' E 'SOUTHERLY 7,0'CHAINS OF THE NORTHERLY i 3.5-CHAINS :OF · O.F SAID SECTION 8,.' A PARCEL ~OF .LAND-LYING AND BEING IN SECTION 8, TOWNSHIP 34 SO;'~',' ST. :LUCiE 'COUNTY, FLORIDA, AND' .BEING MORE PARTICULARLY DE$CRIB~ :~S i IE ~NoRTH~? COMER-OF THE SQ'U~H- 8, RUN'THENCE N 89~4239' E ALONG ;T TO ,.'[,HE mGETHE~R rW!~H ~APARCEL OF ~LAND LYiING IN SEC~iON 8, TOwNSHIP' 34 sOuTH, RANGE 40 ~$T BEINGMORE PARTICULARLY DESCRIBED AS .FOLLOWs:' ' A -D~S- ST AND ,/ JJt~ QUARTER (NE¼) :Ofi,.~THE EAST, LYING ?~T- (Location: 5600 North U.'$. 1) Pub.: Jan. 5, 1998 PLANNING AND ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA /S/ROBERT KLEIN, , · No. 2445-PZ ST. LUClE COUNTY ~NING AND ZONING COMMISSION PUBL~ HEARING AGENDA · JANUARY 15, 1998 TO WHOM IT MAY CONCERN: ance with the their 'request aS .follows: 11 ;00.03 of consider scribedpro~perly: de- ¸THE ~'~INNING AT THE INTERSECTION OF THE MEAN HIGH WATER UNE ~OF THE WEST BANK OF THE INDIAN RIVER WITH A LiNE LYING 50.00 ..'FEET NORTHERLY OF AND PARALLEL WITH THE SOUTH LINE OF SAID ~~ 9. RUN N89~ 36' 54" W ALONG SAiD PARALLEL U, NE A :~)ISTANCE OF 100 .FEET MORE OR LESS; THENCE N2CP 07' 42 W A ~ANCE OF 213.52 FEET; 'THENCE N89o 36' 54" W A DISTANCE ;OF 654.00 FEET;' THENCE $20~O7" 42' E A DISTANCE OF 213~52 54' W ALONG A UNE LYING 50.00 FEET .~TION 8, SOUTH UNE OFSND WlL- :COX ON IHE THENCE ALONG SAID EAS~RLY 42"W A DISTAN~ OF 1316,65 EEET . mE :THE ;LINE THE floned .~ 1 Branch .for the -'.future ..,:,.~ .. '~:PARCEL OF L/~D LYING INsECTIONS 5, 8 AND 9, TOWNSHIP 34 ~, ~GE 40 EAST. ST. LUClE cOUNTY FLORIDA, BEING ~.MORE PARTICuLARLY DESCRIBED AS FOLLows: .. LOT E WITH 00.4 FEET OF THE NORTH T~ _QGETHER wm-I THAT PART OF THE ~ERLY 7.0 CHAINS ,OF THE' ~FO _R~.~R~._~ 13.5 CHNNS OF mE NORTH~ ~R [NE T F _11~!~E~ ~ST ~R ~ 1t4).OF/SND SEC'~.' 8, ~OWNSHIP 34 SOUTH. RANGE 40 FAST. LYING ~RLYOF ~ D -,IXlE HIGHWAY AND WESTERLY OF THE FLORIDA EA~ COA~ ~RAlU ROAD; TOGETHER WiTH A PARCEL OF LAND LYING AND BEING IN SEC- TION 8, TOWNSHIP 34 SOIJTH. RANGE 40 EAST, ST. LUClE COUN- T y FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOL'- LOWS: BEGINNING AT AN OLD SANDSTONE MONUMENT AT THE NORTH- STIO ST CORNER OF THE S~ST QUARTER (SW 1/4). OF. SND N 8, RUN THENCE N89". 42' 39" E ALONG THE DISTANCE OF 368.88 FEET, TO ERLY RIGHT.OF-WAY UNE OF U.S. 11-lENCE $24° 16' 34" E, PARALLEL TO TANCE Of: 4[]0;00 FEET; 300.00 FEET TO A POINT ON THENCE S24° 16" 34" UNE A DLSTANCE OF 291.9 LY FEET; ' TRACT DISTANCE OF 421.79 SECTION 8; THENCE TANCE Of: 497~85 FEET, TO THE OF 480.87 '~UNE OF SAID TOGETHER WITH. A PARCEL OF LAND LYING IN SECTION 8, TOWN- SHIP 34 SOUTH, RANGE 40 EAST, BEING MORE PARTICULARLY DE- 'SCRIBED AS FOLLOWS: BEGINNING AT' THE. NORTHWEST CORNER OF SAID SECTION 8, RUN ~ ALONG THE WEST LINE OF ~SAID SECTION 8, A DIS- A POINT WHERE THE ~WEST HIGHWAY POINT OF BEGINNING;. THENCE RUN NORTH SEC11ON UNE; THENCE TOGETHER WITH THAT PART OF THE NORTH 861 FEET OF THE NORTHEAST: QUARTER [NE 114] OF. THE 114) OF.: SECTION 8' TOWNSHIP 34 ~, .RANGE 40 EAb~, LYING WESTERLY OF OLD DIX!E~HIGHWAY; AND, : · -. - TOGETHER wn~ THAT PART,OF THE ~ e61 FEET OF THE .... " N~ST ~R,~ 1/4) OF THE SOUmWEST ~u~en~R [sw 1!4] OF ~CTIONS, T~P 84 SOUTH, ~RANC~ 41 E. RST, LYING EASTERLY OF U.S. HIGHWAY NO, 1'. [Location: 5600 Nodh U,$. lj . PUBLIC HEARING wit! be..held"in Room 101, SI. Lucle County Ad- ministration Building, 2800 Virginia Avenue, Forl Pierce, Florida on January 15, 1998, beginning at 7:00 P.M. Or as soon there- afler as possible. PURSUANT TO Section 286,01.05, Florida Stalules, if a person de- cides Io appeal any decision made by a board, agency, or commission wilh respect 1o any matter considered al a meeting or hearing, he will need a record of the proceedings, and thai, for such purpose, he may need to ensure lhat a verbatim record of the proceedings is made, which record Includes lhe testimony and evidence upon which the appeal is to be based. ' P ~LANNtNG AND ZONING COMMISSION ST, LUCIE COUNTY, FLORIDA~ ISJ ROBERT KLEIN, CHAIRMAN Publish: January 5, 1998 TO: FROM: DATE: $ : OCA3~ON: PLANNING AND ZONING COMMISSION REVIEW: 01/15/98 File Number RZ-98-003 ME MORA,ND UM DEPAR ~TME~ OF'COMMUNITY DE~LOPME~ Planning and Zoning commission Planning Manager ~~ Jan~ 7, 1998 of' Harbor Branch Oceanographic Institution (HBOI) ~o~ Inc., for ~eliminary Planned for ~Kn~own.as Harbor Branch and a from the R/C ' 1 ' Harbor Development - CG 5300 North U.S. ~Highway No. 1 R/C PROPOSED PROPOSED ~ USEi S LAND USES: PMUD ~(Planned Mixed-Use Development -.Harbor Branch)) ~ - Harbor Branch 503 acres Research Facility for Oceanography and Aquaculture. ~'2 1 to the north ~d south. .on) Zoning to thenorth. I southwest. CG (Commercial, to west, The general existing use surrounding the property is vacant ~d residential. January 7, 1998 Page 2 Petition: ~Harbor Branch Oceanographic Institution File No.' RZ-98-003 The Future I_and is COM (Comn~cial) to the west: RU~ to-the north and southWest. R/C ~ to the north. StatiOn #7 (4900 Ft. pier~ Boulev~d), approximatelY 2 ~les to the southwest. area is locat~ The No, 1 is Dihe Highway is 66 feet. Mdth for North U.S. Highway 'width for Old None. Cone: ney Deferral 11.06.03, rezoning, the Piing'and Zoning Conanission the St. Lucie The in conflict with any ~applicable portions of Land DeVelopment Code; 2. Whether the district is consistent ~th the St. Lucie County I_and has met the standards of 11.06,03. amendn~nt is consistent with all elemen~ of the St. Plan; The in 'zoning is consistent with ail elements of ~e st. Lucie Plan. The PMUD Zoning District is compatible with the plan, Which anticipates the continued develo,ment of HBOI and for the c0mb~nafion of residential and non-residential ' ' s ~up~or quality on ~te .same site. Jan .ua~: y '7, 1998 Petition: Page '3 Harbor BranCh Oceanographic Institution File No.: RZ-98-003 0 ® Se ~ether ~and the extent to which the proposed zoning is inconsistent with the existing and prOposed land uses; ~e' ~s consistent with existing ~m. ~ed ~.~e Of :the existing subject property. and for ~the planning of the er there, have been changed conditions that require an 'amendment; desi~ of-the amendment~ A change in zoning however, would allow for greater flexibility in the 'the subject property. which the proposed amendment would result in and whether or to the extent to which the '..~e i d-'~e for th.s rezoh~g is.not expected to create significant additional s i,n this arm. MI propose~ development ~11 need to adequate public faciliti~ in the arm to support such and the extent to which the proposeO, amend~nt-would result in s~gniflcant adverse in. acts on the naan~ environment; ~ The pres ~erved-~ open space. Whether and ~the extent to which the proposed amendment would adversely affect ~the property values in the area; It is not .anticipatext that the proposed develOpment would .adversely affect prOperty values in the 'area. ~ ~ January 7, 1998 Petition: Page 4 Harbor Branch Oceanographic Institution File No.: RZ-98-003 ge ~ether ~d,the e~ent to which the proposed .amendment would result pattern specifically identifying any negative .affects- will occur ~th this change ~ zoning. involved with~ oceanograpMc reSmrch and ¸9- er the p~oposed amendment wotdd be in conflict with the public i h and is in harmony with the 'purpose and intent of this Code~. be in conflict with the public interest and is ~th ~e purpose and intent of the St. Lucie County l_and Code. ~fimfion, has.. requested this -ch~ge in ~t si& .of Old Di~e not but the 'District is intendext to allow for land roes. ' by the co~is~ ~ a~ of this. to plan to and allow ~th surrotmding ~Thek operation the current time. the ~ified acres ~l~e ~nsis~ ora total .of 503 acres divided into' t~ee sections - 10.5 1, 77 acres located between North'U.S. 1 ~ , Di~e ~ 5 acres locat~ on the east ~side of Old ,Dixie ~s are red to pre~~e 35% of the gross area of land as open ~ace. The Jan ~uary 7, 1998 Page 5 Petition: Harbor Branch Oceanographic Institution File No.: RZ-98-003 ~nimtnn total 15% criteria is also approximately 187.8 acres 06%.). A minimm of i~ .to be preserved in. its natural condition. ~s review as set Plan. ~Smff is and determined that it conforms with the standards of -06,03 of theiSt, Lucie County I_and Development Code .and is policies of the St. Lucie · you. forward t~s petition to the County of approval. · Plebe this offi~ if you have any questions on this matter. SuggeSted motion to recOmmend approval/denial of this requested change in zoning. .MOTION TO..APPRO~: ,~ CONSDERING ~ ~TIMONY PRESENTED DURING ~ PI JBLIC HEARING, INCLUDING STA~ COMME~NTS, .~ ~ STANDARDS OF REVIEW AS SET FORTH ~ .SE(~ON ~1.06:03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MO~ ~ PLUG AND ZO~NING :COMMISSION RECOMMEND THAT THE .ST. LUCre C~~ B OF CO~ COMMISSIONERS GRANT APPROVAL TO ~PLI OF HARBOR BRAN~ OCEANOG .RAPItIC INSTITUTION INC., AGENT), FOR PRELIMINARY PLANNED "SI~ .P~ROV~ FOR THE PROJE~ 'KNOWN AS HARBOR B~CH -PMUD, ~ A CHANGE IN ZONING FROM ~ R/C iE ON), AR-1 (AGmCULTURAL, RF. SIDENTIAL- 1 DU/ACRE), ~-2.~ SF~LY- 2 DU/ACRE), RM-5 ~IDENTIAL, ~TIPLE- E~v~LY- 5 , CG ~MMERCIAL, GENERAL), IL (INDUSTRIAL, LIGHT), .IH ~ P~ (P~D MIXED-USE DEVELOPMENT - OR :' DISTPdCTS TO THE PMUD (PLANNED MIXED-USE - OR BRANCH) ZONING DIS~~. BECAUSE... [CITE REASON ~- PLEASE BE SPECI~C]. . C PRESENTED DURING THE PL~HC S , STAND~ S OF ~ S~,~ON 11;06;03, ST.. LAND ! · COMMISSION THE ST. "B OF CO~SSIONERS CA~ON OF ,, C INS~~ON (HOUSTON ~OZZO , ~C., ~, FOR P~~ARY PL~D SITE P' ~I_AN ~ FOR. ~-P KNOWN AS H~UmOR BRANCH - PM~.~, ~ ^ - ~ FROM THE R/C ' - 1 DU/ACRE), RS'2 (RESIDENTIAL, SINGL 'E-F~Y- · 2 ~-.s m~mn.~-Famm¥ - S DU/^C~), CG (com~.m~C~, , It, 0NDUSTm~, HGI-rr), IH 0NDUSTm~, }m~VY), PMUD USE .DEveLOPMENT - HARBOR BRANCH) ZONING r)ts~c~s TO ~ ~.P~ (Pn~r) MtX~D-US~ D~LOPM~rr- }minOR BRANCH) ZO~G DIS~~. BECAUSE... [CI~ REASON WHY- PLEASE BE SPECIFIC]. .0 N 0 0 _J / / S g~ S 9[ M. NFIO0 33EIOHO33MO S Z£ I Harbor Branch Oceanograp.hic Institution Zoning RS-2 Indian River Lagoon AR-1 IX RZ RS-2 R P,~ Community Development Geographic Information Systems Map prepared December 19,1997 Land Use -COM H.arbor B,ranch Oceanographic Institution P/F RC Indian River Lagoon ~RE RZ 98-OO3 CPUB RU RU R,C Community Development Geographic Information Systems Map prepared December 19,1997 N AGENDA- PLANNING & ZONING COMMISSION THURSDAY, JANUARY 15, 1998 7:00 P.M. Harbor Branch Oceanographic Institution has petitioned St, Lucie Coun~ for a Change in Zoningfrom the' ~C (Residenaal/Conservation), AR'I (Agricultural, Residential- 1 du/acre), RS-2 (Residential, Single,Family' 2 du/acre), RM-5 (Residential, Multiple-Family- 5 du/acre), CG (Cr~mmercial, Gene.mO, IL (industrial, Light.), IH (Industrial, Heavy)and PMUD (Planned Mixed-Use Development. Harbor Branch) Zoning District to. the PMUD (Planned MiXed-Use Development - Harbor Branch) Zoning District in order m provide a master plan fOr the future growth of .the following described prOPerty: ,SEE ATTA LEGAL DESCRIPTION (Location: 5600,North U.S. 1) .Please :note that all proceedings before the Local Planning Agency are electronically recorded. If a person decides to appeal any. decision made by the Local Planning Agency'with respect to any matter considered at such meettng or hea~ng, 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 anyparty to the proceeding,' individuals testifying.during a hearing will be ~orn 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 o. f the public hearing will also 'be considered PHor ~to this public hearing, notice of.the same was sent to aH adjacent property owners January 2, 1998. Legal notice was published in the Port St. Lucie News and The Tribune, .newspapers of general circulation in St. Lucie COunty, on January 5, 199& File No. RZ-98-003 t ! · ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION ., PUBLIC HEARING AGENDA JANUARY 15, 1998 TO WHOM IT MAY CONCERN: NOTICE is hereby given in accordance with Sedion 11.00.03 of the St. Lucie County Land-Developm(~nt Code and in accordance with the provisions .of the St.. Lucie County Comprehensive Plan, that the folk)wlng applicants have requested that the St. Lucie County Planning and Zoning COmmission consiiJer their requeshas follows:. 1. Carter's .Grocery, Inc,i has petitioned St. Lucie COuntv for a Chann,· i, 7r.,n;,.,,,,, I:..,..-,,, ~4. ........ i , ' du/acre)Zon,ng D,str,ct to theCG .(Commercial, General)Zoning District to expand the existi~g~etail..sa~les oPeration for ~the :folloWing described proPerly: ' TERSECTION. OF THE SOUTH LINE OF STATE ROAD. 68 AND TH E WEST LINEjcf)F' ~'"~"' 'T~, SrOUm~^S~ ~/4 O" S"C~ON ~, ~OWNS'~, ~ SOU~H, "U' "^S~ ~00~E~,~]~:~C, FOUm' ~Z~ ~,~ "O" ~" "O~N~ O" ENC~ RUN 'NORTH 275 FEET; THENCE RUN EAST 50 FEET; T~CE OF BEGINNING;AND, WEST 400 FEET;' THENCE RUN NORTH 200 FEET, TO THE FROM THE IN[ERSECTION OF THE SOUTH LINE OF STATE~oAD 68 AND THE WE'-T ~ RIG LINE OF STATE ROAD 68.600-FEET;.~HEN 12~,PEET WITH THE 'SAID WEST LINE',t.~0 THEN WITH THE OF THE SOUTH RIGHT, OF~.WAY LINE OF STATE ROAD &~ AND '~,~ OF.SECTION 12, TOWNStJ'IP, c.35. ALONG THE :S(QUtr, H 600 SOUTHERLY TO THE WEST LINE OF ~. WITH THE SOUTH IE SOUTH RtGFtT.:OF. THENCE'.'RIJN LINEOF STATE DISTANCE O~.=200 Road).(L°cati°n: 1590J. Orange. Avenue, South side 'of Orange Avenue, aPProximately.. 31'0 feet west of Trowt~rjd, ge · .~1 ~ . 9t~ ' .Coun~ for a Chonge.~n Residential- I alu/acre), RS-2 (Resident/el, 5 du/~r~), CG .(~ommerciaJ; ~Oen~r~)~.j[ '-Use DeyelOpment, Harbor-Branch) ~o~g opment -rHor~r Branch) Zoning Dis~idin order to pr~v~e,~ master Plan for graph of the fOllowing descried pro~. ' .... LucIECOUNTY' FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOW~: ,n~ ~ OF tHE'MEAN HIGH WATER LINE OF THE WEST BANK OP.~HE AND PARALLEL WITH .THE SOUTH LINE LINE A DISTANCE OF 100 FEET A 13.52 FEET; THENCE N 89036'54'' W A E ~ OF 213.52 FEET; THENCE N 89°36'54'' :'AND PARALLEL WITH THE ~SOUTH LINE .OF sAID LINE OF WILCOX ROAD A DISTANCE OF THE F~ORIDA EAST C~AST SAID EASTERLY.RIGHT, OF,WAY LiNE N 20~0~42'~,'A OF CURVE CONCAVE TO THE SQ. UTH- OF A ~CURVE AN~ 805 ,i t~ , .7.43 W NCE S 00°45°02" W ALONG 'THE LAS SOUTHWEST QUARTER OF, 'SAID SECTIONS A ALONG THE NORTH 'UNE OF.THE SOUTH HALF SOUTHWEST QUARTER JSW¼) OF SAID SECTION ,~ A DISTANCE OF 141&02 PEBT:. LORIDA EAST COAST RAtLRO~D~u~ (SW¼] OF THE 'SOUTF~NEST 'H, RANGE 40 EAST, A DISTANCE OF ~t 1.45 SAID:SOUTHWEST QUARTER OI~..,I~HE ~66.29 FEET; THENCE S 89°20'29'.'..E SOUl,S_EAST QUARTER (SE!;~)~:' YJ-IE 23.49 FEET; THENCE Co~TiNu. lNG S 89°20'29'' E ALONG THE .NORTH LINE OF THE HAI~F OF GOVERNMENT LOT 3 OF SAID SECTION 5, A DISTANCE OF t730 FEET MORE OR LESS TO THE WATERS OF THE INDIAN 'RIVER; THENCE SOUTHERLY; EASTERLY, SOUTHERLY ACROSS' THE CHANNEL, WESTERLY AND SOUTHI~I~..Y MEANDERING THE 'WATERS OF THE INDIAN RIVER' TO THE POINT OF BEGINNING; ...... TOGETHER WI.TH THAT PART OF THE SOUTHEAST QUARTER (SEI/~) OF THE NORTHWEST QUARTER {NWI/~} OF SAID SECTION 8, TOWNSHIP 34 SOUTH, RANGE 40 EASI, LYING EASTERLY OF OLD DIXIE HIGHWAY AND WESTERLY OF THE FLORIDA EAST COAST RAILROAD;- TOGETHER WITH THAT PART OF THE SOUTH I00~4 FEET OF THE NORIH 429200 FEET (Nfi~) OF THE SOUTHWEST QUARTER (SW~) OF SAiD SECTION 8, TOWNSHIP E 40 E~SI, LYING EASTERLY OF OLD DIXIE HIGHWAY AND. WESTERLY OF THE ~'j TOGETHER WiTH THAT PART OF THE SOUTHERLY 7.0 CHAINS OF THE NORTHERLY 13.~ CHAINS.OF IHE ~ORIHEAsT QUARTER (NE~A) OF IHE SOUTHWEST QUARTER {SW.'~AI OF SAtD SECTION,8, IOWNSHtP 34 SOUTH, RANGE 40 EASi, LYING.EASTERLY OF .OL~ DIXIE HIGHWAY AND WESteRLY OF THE FLORI:DA EAST COAST R~ILROAD; . TO'GEtHER WITH A PARCEl OF LAND LYING AND BEING IN SECltON 8, TOWNSHIP 34 ~'SO~TH, ~RANGE '40 EAST~. SI. LUCIE COUNTY, FLORIDA, ~ND BEING MORE PARTICULARLY DESCRIBe.AS FOLLOWS: ' OF SAID ,SECTION 8, RUN THENCE N 89°42'39'' E ALONG I'NE OF ~AID SECTION 8, A DISTANCE OF '368.88 FEET, IDA ~POINT ~RIGHT-OF-WAY LINE OF U.S..HIGHWAY NO, E ALONG SAID WESTERLY RI WA DISTANCE OF 421.79 FEET N 00°35'49'' E ALONG .SAID WEST LINE A WEST NCE 'OF 497.85 .THE TOGETHER WITH A 'PARCEL OF LAND. LYING IN SECTION 8, ToWNshiP'34 SOUTH, RANGE 40 ~".~, i BEING MORE pARTICULARLY DESCRIBED AS FOLLOWS: ' !. uTH'"ALONG THI~ WES~t~J.,~E OF i30 FEET MORE-OR LESS TO A' POINT WHERE THE ~.~T NO. 1 FOR THE P.O~T , FEET .TO'~ rTHEASTERLY )tNT ON THE .WEST' RIGHT. OF,WAY LINE :OF WEST RIGHT, OF,WAY LINE ~. LINE OF THE $.-NO. E SAID SECTION,8 AND ,,, JJt~. · ' IT'~Z- TOGETHER'WITH THAT PART OF THE NORTH 861 FEET,OF :THE NORTHEAST QUAR.TER~ (NE!/~),OEuTHE SOUTHWEST' QUARTER (SW!~)~OF 'SECTION 8, TOWNSHIP 34 SOUTH, RANGE 40 EAST :L¥1Nb WEST- ERLY OF OLD DIXIE HIGHWAY; AND .. ' "~"" · . TOGETHER WITH THAT PART OF THE NORTH 861 FEET OF THE NORTRWEST QUARTER {NW¼) OF T~IE sOuTHWEST·QUARTER (SW¼) OF SECTION 8, TOWNSHIP 34 SOUTH, RANGE 41 EASf~, LYING EAST' . ERLY OF U.S..HIGHWAY i. · - ' · ' (Location: 5600-North U.S. 1) UBLIC HEARING will 'be held in Room 101, St. Lucie County Administration Building; 2300 ViF, g).n. ia Avenue, Fort pierce, Florida on January 15;] 998, beginning at 7:00 P.M. Or as solon thereafter as possibJl~;;' PURSUANT TO Sectlon-286.:0105, Florida Statutes, if a person decides to appeal any decision madf~-~.'~ board,, agency, or .commission with respect to any matter considered at. a .meeting or hearing, he will need. a ~reCord ut~ the proceedings, and that, for such purpose, he may need to ensure that a verbatim record ~-the proceedings is made, wl~ich reCOrdin¢ludes the.testimony and ~vidence upon which the appeal is to be b.~' ~ct'. PLANNING AND ZONING COMMISSION ST..LUCIE COUNTY, FLORIDA Pub.: Jan. 5, 1998 /S/ROBERT KLEIN, CHAI:~/~.~.ILi No. 2445-PZ ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBUC HEARING AGENDA JANUARY 15. '1998 TO WHOM IT MAY CONCERN: NOTICE Is hereby given in accordance wilh Section t'i..00:03 of lhe St. Lucie counly'Land Development Code ,and in accord- ance with the provisions 'of'the SL Lucie .County .Comprehensive their request as follows: 1 .Carler's Grocery,' Ir~. .... has petitioned 'St; LuCle Coun~ for a OF THE RUN THE -,1/4 OF 125 .FEEt; SOUTH RIGHT~,WAY UNE 8 A DISTANCE ~OF: 200 FEET :TO THE POINT OF BEGINNING. ~::afion: 15901 Orange Avenue, South fide Of Orange Ave- ~ue, approxlmateN 310 . feet west of TrO~. Road] ' 2. HARBOR BR~CH OCEANOGRAI~IC IN~, has .pe~ fioned SL LuCie Counly for a Change. in'Zoning .from lhe R/C [Residential/Conservation], AR-1 (A~riCuttural, Residentiai . I du/aCre], RS-2 (ReSidential, Single.-Family- 2 clulacre), RM-5 (Residential, Multiple-Family - 5 alu/acre), CG '(COmmercial, General), IL:[IndU~trial, Light)', IH [lndUst'riat,~Heavy)and PMUD .(Planned Mixed-Use DeveloPment - Harbor Branch) Zoning Dis- i!ricts to lhe PMUD [Planned Mixed,Use DevelOpment - Harbor .Branch) Zoning. District in order to provide a master plan for the .~uture gr°wlh ~1: the'follOWing des~:ribed p~operly. . .. ~A;PARCEL OF LAND LYING IN SECTIONS 5, 8 AND 9, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST, UJCIE :C.OUNTY, FLORIDA, BEING ._MORE PARTICUM~RLY DESCRIBED AS FOLLOWS: . .~INNING AT THE INTERSECTION OF THE MEAN HIGH WATER UNE ~.OF THE W~ST'BANK OF THE INOb~N RF~ER W~H A UNE LYING 50.00 · -.FEET NORTHERLY OF AND PARALLEL W~H THE SOUTH UNE OF SAJD [.SECllON 9, RUN N89° 36' 54" W 'ALONG SAJD PARALLEL UNE A .~)LSTANCE OF 100 FEET MORE OR LESS: THENCE N20° 07' 42" W A :D~TANCE OF 213.52 FEET; THENCE N89Q 36' 54' W A E~STANCE 'ii~_654.00 FEET; THENCE S20° 07' 42" E A DISTANCE OF 213.52 : EEl'; THENCE N89" 36' 54" W ALONG A UNE LYING 50.00 FEET ~NORIHERLY OF AND PARALLEL WITH THE SOUTH UNE OF'SAiD SEC- . -TO THE POINT OF CURVATURE OF HAVING A RN~US OF 11,509,1 02° 02' 35" A OF LOT T__OG_EI~'I_ ER WITH ~rlt~T PART OF THE ~EAST ~R (SE 1/4] OF THE NORTHWEST QUARTER [NW 1/4) OF SAID SECTION 8, uut: HIL~HWAY AND WESTERLY OF THE FLORIDA EAST COAST RAIL- ROAD; TOGETHER WITH THAT PART OF THE ,SOUTH 100,4 FEET OFTHE ~2~,_00 FEET OF THE NORTH~ ~R-(NE 1/4) OF THE SOt~ ~ ~R [SW 1/4} OF rSND SECTION,a, TO~I'P a4 ~D ' ~E_ ~0 ~. raNG ~RL¥ OFOLD D0aE H~C-~AV WESTERLY OF THE FLORIDA EAST COAST RAILROAD; i~QGETHER Wn'H THAT PART OF THE ,SOUTHERLY 7;0 CHAINS OF 11.tE N_.~ _I~._ER_LY_~I_3~5 CHAINS OF THE NORTHEAST QUARIER [NE 114} ~ I.? ~ST _QU~R (SW I/4)OF 'SAID SECJlON 8, ~)~S,,~IP 34 ~, RANGE 40 FAST, LYING ~RLY OF ~' ROAD; TOGETHER WiTH A PARCEL OF LAND LYING AND BEING IN SEC- TION 8, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUN- T y FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOL"-, LOWS: BEGINNING AT AN OLD SANDSTONE MONUMENT AT THE N°RTH- _WE__?'_ _C.C)RNER OF THE SOUTHWEST QUARTER [SW 1/4). OF SAID SECTION 8, RUN 'THENCE N89° 42' 39" E ALONG THE EAST~ST QUARTER-SECTION UNE OF SAID SECTION. 8, A..DISTANCE OF 368.88 FEET, TO A POINT LY1NGr 300.00 FEET WEST OF THE ERLY RIGHTS,WAY UNE OF U.S. HIGHWAy N0~ 1;'THENcEW~S24 16' 34" E. PARALLEL TO SAiD WESTERLY RIGHT-C)f~,~Ay UNE A DIS- TANCE OF 4~.00 FEET; THENCE N89° 42" 39' E A DiSTANCE OF 300.00 'FEET TO A POINT ON SAID WESTERLY RIGHT~)F.WAY UNE; THENCE S24° 16" 34" E ~tD WESTERLY RIGHT-OF,WA~' UNE A DISTANCE OF 291.97 LY RiGHT-OF-WAY-UNE S8~° SECTION 8; THENCE N00° 35' 49' E ALONG SAID WEST UNE A DiS- TANCE OF 4917.85 FEET, TO THE POINT OF BEGINNING; TOGETHER ~ A PARCEL OF LAND LYING IN SECTION 8, TOWN, SHIP 34 SOUTH, RANGE 40 EAST., BEING ~MORE PAR11CULARLY DE- SCRIBED AS FOLLOWS: BEGINNING:AT THE NORTHWEST CORNER OF SAID SECTION 8, RUN ~ ALONG THE WEST UNE OF SAiD SEC11ON' 8, A DIS- TANCE OF. 530 FEET MORE OR LESS TO A POINT WHERE THE WEST SECTION UNE INTERSECTS THE FAST RIGHT-OF-WAY UNE OF U.S. HIGHWAY NO. I FOR THE POINT OF' BEGINNING; THENCE RUN FAST 300 FEET .PARALLEL TO THE NORTH SECTION UNE; 'THENCE NO. 1 A DIS- 'UNE THE NORTH UNE J . · y TOGETHER WITH THAT PART OF THE NORTH 861 FEET OF THE NORTHEAST QUARTER .(NE 1,/4101:, THE ~ST QUAR~R [SW · 1/4) OF SECTION 8, TOWNSHIP 34 ~, RANGE 40 EAST, LYING WE~RLY OF OLD DIXIE HI--AY; AND, ' · .. · TOGETHER WITH THAT PART OF THE NORTH ~1 FEET OF THE NORTHWEST QUAR1ER [NW 1/4] OF THE SOUTHWEST QUARIER jSW 1/4) OF ~CTION 8, TOWNSHIP 34 ~OUTH, RANC~ 41 ~, LYING ~RLY OF U,S, HtGHWAYNO. 1. ~: 5600 Nor~ U.S. 1] . PUBUCHEARING will be hetdlin Room 101, St. Lucle County Ad- ministration Building, 2300 Virginia Avenue, Fod Pierce, FIodda on January 15,~1998, beginning at 7:00 P.M. Or as soon there- - after as possible. PURSIJA~ TO Section 286.0105, Florida Statutes, If a person de- cides to .appeal any decision made by a board, agency, or commlsston with respect tO any matter considered.at 'a meeting o'r hearing, he ~witl .need a r~ord 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. PLANNING AND ZONING COMMISSION ST. LUCIE COUNIY, FLORIDA /S/ROBERT KLEIN, CHAIRMAN Publish: January 5, 1998 P~NING AND ZONING REVIEW: January 15, 1998 MEMORANDUM DEPAR~TMENT OF COMMUNITY D~LOP~NT To: From: Date-: Planning and Zoning Commission :Planning Manager Janua~ 8, 1998 Subject: Draft. Ordinance 98-002 - Petition of St. Lucie County Board of ~County Commissioners amending the St. Lucie COunty I~nd Development Code by ~ending Section 8,02,01, providing for the creation of Paragraph (J) authorizing :special vehicle and boat sales-events on sites not approved for the p entdisplay of vehicte and boat sales :in the CG (Co~ercial, General), IL (Industrial, Light), and IH (~dustrial, Heavy) Zoning Districts (PA'97-003) ,Attached is a copy ~of Draft Ordinance 98-002, Which proposes to amend SeCtion 8'02,01,'providing'for.the creation o~ paragraph(J) authoriz~g special vehicle and boat sales events .on sites.not approved for the permanent display of vehicle 'and boat sales ~ the CG (Commercial, General), ~ (Industrial, Light), and ~ (Industrial, Heavy) Zon~g Districts (PA-97.-003). This proposed amendment to the Land Development Code was initiated by St. Lucie CounW -and is patterned ~after similar regulations in ~dian River .County. This proposed:Ordnance was-~st considered at the December 17, 1997 Pla~ng and Zoning Commission hearing. At that time, the Commission continued the hea~.g until January 15, !998. At the December hea~g, the Co~ssion had questions concerning the proposed Ordinance. Staff ~1 be prepared to answer those questions on Janua~ 15, 1998. 'rhe Commission .also requested that representatives of the car dealers be present to provide their perspective concerning this Ordinance. .recommends approval of Draft Ordinance 98-002. Please let us know if you have any questions. hf/dpk cc: File Suggested motion to recommend approval/denial of this requested conditional use. MOTION TO APPRO~;- AFTER CONSIDERING THE TESTIMONY PRESEN~D DURING THE PUBLIC HEARING, INCLUDING STAFF COMMEN~, ~AND THE STANDARDS OF REVIEW AS SET FORTH IN SE~ION I1.06,04, ST. LUCiE COUNTY L~D DE~LOPMENT CODE, I HEREBY MO~ THAT ~E PI iNG ~D ZONING COMMISSION RECOMMEND THAT THE ST. LUC~ COUNTY B.O~D OF COUN~COMMiSSIONERS GRANT ~PROVAL TO THE.APPLiCATION OF ST. LUCiE COUNIT FOR ~ AMENDMENT TO '~E TEXT OF SECTION 8'02.01, ST. LUCIE COU~ ~D DE~LOPMENT CODE, TO PROVIDE FOR ~E. CREATION OF PARAG~H (J) AU ~THORIZ~G SPEC~ ~HiC, LE ~D BOAT S.~ES E~NTS ON SI~S NOT APPRO~D FOR ~ ~PER~NT-DISPLAY.OF ~H.ICLE ~D BOAT SALES ~ ~E CG (COMMERCIAL, GENE~), IL (~DUS~IAL.., :LIGHT), ~D IH (iNDUSTRiAL, HEAVY) ZONING DISTRI~, BECAUSE ..... [CI~ REASON(S) ~- PLEASE BE SPECIFIC] MOT!QN R CONSlDBR.~G ~,E ~ST~O~ PRESENTED DURING ~ PUBLIC ~~ING, IN ~G ':STAFF COMM , ~,ID ~E STANDARDS OF ~VIEW AS SET FORTH IN SECTION 11.07,03, ST. LUCIE COUN~ ~ID DE~LOPMENT CODE, I HEREBY MO~ THAT ~E P/,~NING ~D ZONING COMMISSION RECOMMEND THAT THE ST. LUC~ COUNTY BOARD OF COIJN~ COMMISSIONERS DE:NY ~E APPLiCATiON OF ST. LIJClE CO~N'~ FOR ~~END TTO ~E ~XT~OF,SE~iON 18,02,01, ST. LUCiE CO~TY ~D DE~LOP~~ :CODE, TO 'PROViDE FOR ~E CREATION OF P~GRAPH (J) A~ORIZiNG SPECIAL ~HICI.,E ~D BOAT SALES E~N~ ON SI~S NOT ~PRO~D FOR ~E PERMANENT DISPLA/Y OF ~HICLE AN.D BOAT SALES IN THE CG (COMMERCIAL, GENERAL), IL (I~'US'~~, LIGHT), AND IH (INDUSTRIAL, ~AVY) ZONING DISTRt~, BECAUSE ..... [CI~ REASON(S) WHY- PLEASE BE SPECIFIC] 4 5 6 7 8 9 10 11 '12 13 14 15 16 17 1-8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 ORDINANCE NO. 98-002 ,AN ORDINANCE AMEN'DING THE 'ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 8.02.01, PARTICULAR TEMPORAR~!!USES PERMI~ED, BY ~PROVI.DING FOR THE CREATION OF (J) AUTHORIZINGS!PECiAL VEHICLE~AND CT APPROVED FOR THE PERMANENT DISPLAY VEHICLE A SALES IN 'THE 'CiG,.IL AND IH ZONING DISTRICTS; BY PR~i:~iNG PROVISION, .BY PROVIDING FOR SEVE~'BiLI~, .~,:.i,li!,i~i? ,,AP~PLiCABILi~, ~PROVIDING FOR FILING ~iTH THE FOR ...... ,~-:i~!,:i~,~? S E,'P'RoviDING FOR AN EFFECTIVE-D~i~PRO~!~NG .FOR AND PROViDiNG ~FOR CODIFicATION. ~?-~?~:~?~~" . ........................ WH~EREAS, the ;Bo?rdrof County Commissioners of~?L.~~~, ..... Florida, has made the folloWing determination: .......... ~ ..... ~::~:~~~ ?~;~ ..... 1. On August-1~, 1~99'0, the ~County, ~Florida, adopted ,~. The Board of Cou:nty .has the St. Lucie Ordina:nces iiiii~!!ili!~:' ....~.,,,:?~!!iiiiii~:::::' 993 97-23 98,02 9.97 1'99'7 1998 of St. Lucie Code. amendments to through the following - May 14, 1~991 - June 2, 1992 - February 1~6, 1993 93-06 - May 25, 1:9.93 94-07 - June 22, 1994 94-21 - August 1~6, 1994 96-10..-- August 6, 1996 97-09 - October 7, 1997 98-01 - January ~xx,'1.998 1.5, 19.98, the Local Planning Agency/ Planning and held a public hearing on the proposed ordinance notice in the Port St. Lucie News and the Tribune at ~0 days prior to the hearin~ and after opening the public headng accepting pu~blic comments, continued this hearing until January 15, 1~998' Ordinance #98-002c Draft #1 Und~"r,'['~n~ is--~ ~~tion ~trikc Tkrcu~k. is for deletion Page 1 PRINT DATE: 01/07/98 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ,21 22 23 24 25 26 2~7 28 29 30 31 32 33 34¸ 35 36 . . . O.n January 15, 1998, the Planning and Zoning Commission reconvened-the .Pubic Hearing and accepted additional public · comments ~on thiS pm'posed change to the County's Land Development Code. ,~: :~:: :;~ .:.:t~:-:-' On Februa~ xx, 1998, this Board held its .first publi¢ilili~heari.n~'iii~n the p.mPosed ordinance, after publishing a nObce ~of s~be:~i'hg in the Port. St, LuCie News and the Tribune on,,::~bruary!i~!~i~~,... On.:Uarch xx, 1998 this Board ~proposed ordinance, .after uch Pod St L. ucie News and the xx, ,. The proposed amendments to 'Devempment Code are conSistent t e and is.in the.best interest of t citizens of St. Lucie ...... NOW, 'THEREFORE, B:E IT ORB~!i~ED b~he CLud,e ~. ,ounty, Florida: PART County Land Jrpose, .goals, Plan of the · . County Commissioners of St. TO , 'LUCIE COUNTY LAND DEVELOPMENT CODE , INCLUDE' ************************ i,...,,~,,:~:ie~'CESSORY AND TEMPORARY STRUCTURES AND USrES Ordinance # 98 - 0 02 c Draft #1 Underline is for addition etrikc 'Tkrcu~h is for deletion P.age 2 PRINT DATE: 01/07/98 6 7 8 9 10 11 12 .13 14 15 16 17 1-8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ~36 37 3~8 39 40 41 42 43 44 45 8'02.00 TEMPORARY USES AND STRUCTURES 8.0.2.0,! PARTICULAR TEMPORARY USES PERMITTED Permitted temporary uses include: Paragraphs A through i -- No change ~an.d stan,dards are,~met: :L as~the 'fairgrounds site; with Sales events; .% /he. applicant for the Temporary Use Permit p.mvides ,a writte,n, certified statement. ., ~ from r,the owner, , or a~ent;, for the, host site/use, ,~ that, sufficient, square, footaqe of ap~)roved floor ama ,is unoccupied to 'provide parkin_~ or display ama for,the special vehicle sales,event; or /he applicant for the Temporary Use, Permit provides a written, certifi,ed statement from the owner or agent for the host, sito/use stating'that the host Ordinance #98-002C Draft #1 Underline is for addition ~trlkc Tkrcu~P. is for deletion Page 3 PRINT DATE: 01/07/98 1 2 3 4 5 6 7 8 9 1~0 11 12 13 14 15 16 17 18 19· ~20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 3~7 38 39 4~0 41 42 43 44 L use will be closed for the entire, duration of .the special vehicle sales event, including vehicle display times..However; where hoSt uses such as banks participate in the ~sales event., that activi .ty will not constitute operation, by the host use. prrovided that the host use. is not open to the general public for business unrelated.to the speCial sales e .v. ent. No extension of a. temporary .use per. mit for special vehicle sales events~i~Y be granted. .sanitary facilities. prior to operation ~of the fac.ilit~,~:.?~. ~::,, ............ !!!{!!? "'aisles'to be utilized; ~i:ii!iii'~' Ail adja."cent r°adWays and driveways of the. property parcel site; ~:~:~i!~!: .... All .signs to, be uSed in conjunction with the sales eVent.and the size and ii?: .... ~Do of si.cln(s) used: ' ' " Information identifyin.q: Ordinance #98-002c Draft #1 Dnderlin~ is for addition ~trikc Tkrcu~k is for deletion Page 4 PRINT DATE: 01/07/98 1 2 3 4 5 6 7 8 9 1~0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3~0 31 32 33 34 35 36 37 38 6' Beginning and .ending dates of the eyent; HOurs .of operation of the event; Approximate,number of vehicles displayed at any one. time on the.event sited.~ _ , _ display (such. as tents), and Any temporary ~facilities, including sanitary; - : - ~,~i;:~ii~,~i~,:. ' ..concessions; How.'parkino aRd t~afflc flow will be properly d'i;~ected:~:~(~ and within the PART lB. CONFLICTING PROVISIONS. Special acts~ of the ~FlOdda legislature a County, County ordinances ordinance 'am pART C. Ifan:y If this Ordina property, P ===================== D. areas ~of St. Lucie , in conflict with this nt of such conflict ,held or declared to be unconstitutional, not affect the romaining portions of this ordinance. shall be held to be inapplicable to any person, shall not affect its applicability to any other-pemon, AP'PLI~:BILITY OF ORDINANCE. applicable throughout St. ~Lucie County's jurisdictio.n. Ordinance ~98'-002C Draft #1 Page 5 PRINT DATE: 01/07/98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~22 23 24 25 26 2'7 28 29 30 31 32 33 34 35 PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Ad:ministrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. :EFFECTIVE DATE. PART F. Thins ordinance ~shall take effect u.pon filing with PART G. ADOPTION. :~i!ii?i? ..... A~or motion and second, the vote on this ordina:nce was Chairman Gary'~iiiii~harle~iiii;~:~i~!iii!i!ii!!i;iiiiiii!~i!~IF~ Vice Chair~i~aula.~,,~i?~ewis ~'~?:'~: ...................... ~ Sattler XXX R~ii~~ .... CO PA of this shall be incorporated in the St. Lucie County Land the Word "ordinance" may be changed 'to "section", "article", or and the sections of this ordinance may be renumbered or :such intention;-provided, however, that parts B through H shall not Ordinance #'98 - 002 c Draft #1 Underline is for addition _ ~,.~ m~ ..... ~ is for deletion Page 6 PRINT DATE: 01/07/98 1 2 3 4 5 6 7 8 9 10 il 12 13 14 15 16 17 1.8 19 2~0 21 22 2.3 ~24 25 26 27 28 29 30 31 32 33 34 35 36 PASSi=D AND DULY ENACTED this xxth day of ~xxxxx, 1998 [)'EPU~ ,CLERK BOARD OF :CO, UNTY ... ST. LUCIE BY: ................ .,~PPRO D AS TO FORM AND ~,.(LDCamends- dis~: Ordinance # 98 --002 c Draft #1 Page 7 PRINT DATE: 01/07/98 PUBLIC HEARING ORDINANCE 98-002 FILE NO. PA-97-003 Mr. Kelly presented ~staff.cOmments. Mr. Kelly stated that Ordinance 98'002 is a petition of the County Commissioners to amend the .St. Lueie Co~w Land Deve'topment Code by mending Section 8.02.01 which .section covers temporary uses. ~, Kelly stated ~hat ~he intent of Ordinance 98-002 is to provide stand.ds for a particular tempomw use ~which is-speci~ 'vehicle and boat sales on ~sites not approved for the permanent display ,of vehicle ~d-boat :s~es i,e. ~Ose sales occurring at the Mets Stadium, . the Civic Center parking .lot or some ,other p~king lot where an-automobile sales company :moves their cars for a weekend sales event. Mr. Kelly stated that up to this time we have had no standards for such use; this proposed Or~din~ee sets .st~d~d such .,~ .requiring that there be paved access points; that ~ere be four or fewer consecutive days and various other .as annotated in the ordinance. Chairmam Klein asked if there were .any questions. Mr. Coward stated Item #3 on page 3. :states 'the event :shall have a duration of four (4) or fewer consecutive days.; is there additional language in the ordinance that say's how marly times per year they are ~lowed to have these special events. Mr. Kelly stated not at this time; if the Board wants to add or make a reco.mmendation, this could be done. Mr. Kelly added there are similar limitations on other temporary uses, such as garage sales .in :'the code, where at a pmicu!ar location, a garage sales can only be held two (2) times per year; that-was not included in this particular ordinance and could be a recommendation. Mr. Moore stated since this has not been standardized up to this point, has there been any enforcement, what was the motivation of this change, has there been a problem in the past. Mr. Wazny stated that to address your question, the intent of this ordinance change is to parallel Indian 'River Co~ty and what precipitated this was the car dealers in St.. Lucie County, all of them, sent a le~er to the Bo~d .of County .Commissioners. The letter expressed Concern that St. Lucie Co~~ car' dealers because of the 'way Indian River and Martin Counties .ordinances are structured; are prohibited frOm going into these Counties and doing 'business, setting up a sales event; by' a specific ordinance; :the de~ers submitted a petition stating it is unfair to prevent them from doi:ng business in Indian River; yet allowing Indian River and Martin County car dealers to .do business in St. Lucie County. As a result of this letter and petition we structured this ordinance which parallels Indian River' which states you must be a licensed car dealer in St. Lucie CounW in order to have one of these events. Chairm,m Klein ~asked Mr.. Wamay if the car dealers paid a fee to have this ordinance put forward. Mr. W~zny stated no. Mr. ~itley asked if this includes recreational vehicle sales, Mr, Kelly :stated yes; the ordinate includes special vehicle and boat sales events. Ch~rm~ Klein asked st~f ifa ear dealer in St. Lucie County could purchase an Occupational License in lndi~ ~vor Co:-~~ ~thout ~having a location their just for the p~ose of having an event. Mr. Wmmy stated no, they must have a physical location in ~e co~~. Mr. Cowed stated if staff is m&ing a. recommendation fOr four (4) consecutive days.and there is no provision for'the number of times .per year; logic seems that you could stop for a day and then continue-on throughout the year. ~. Coward asked staff what was the logic for ~e provision, for the'number of :days and.would st~f have any further recommendation regarding the 'number' o£ ,times- per ye~; do .the other ordinances address that issue, Mr. Kelly stated that~ifyou are asking for a recommendation, one per queer-seemed reasonable; he wo~d be glad to look .at it prior to the County Commission hearing if that were the Board's direction and would m~e a ~recommendation at that time. Mr. ~Cow~d stated that if we are going to have a provision for four (4) consecutive days that we Mso note how m-an.y times per year it can be done. Mr, Kelly stated that most of these ~e done over a weekend or a long weekend and four (4) days probably covers.any single event. Mr. Kelly fu~her stated that he hesitates to make a recommendation on a ~number tonight. Mr. Co.ward stated that he does not ~have a number; but he feels that there should be a provision for such. Chairmm~ Klein Stated that: he would suppo~ a reasonable limitation on the number of times per year. Ms. Wesloski commented that if staff patterned this after Indian ~ver and Martin Co,ties; they did not indicate a number per year; .they have had historical time with this ordinance and they never added it; perhaps it wasn't necessary. Ms. 'Wesloski asked staff if you have a situation where a bank has several cars they need to depose of due to repossession; they do not have an Occupational License as a car dealer.; can they not set .a tent up and have a sale. Chairman Klein stated the ordinance reads one or more dealers having a valid St. Lucie County Occupational License; it does not state that they .have to have an Occupational License as a de~er; but. it says a dealer has to have an Occupational License. Mr. Kelly stated.that 'we could treat it as the sale of cars at a bank, .owne.d by that bank, through reposses~sion as .an accessow use, and is not treated in any way as a dealer in the past. Mr. Kelly further stated that if the Board would like staff to look at clarifying language prior to the Commission, st~f would be .happy to do so. Chairm~m Klein stated 'that he would like to make sure that we do not exclude that use. Ms. Wesloski ..~.ked Mr. Kelly if he spoke to staff at Indian River and Martin Counties to see how this ordinance was working. ~. Kelly stated no; however, stuff Mll .contact Indian River .~d Martin Counties to see if they have .experienee-d any problems with not having a time limitation. Ms. Wesloski stated if Indian ~ver and Martin are having a problem where they are setting it up; not having business for that day and then re-setting the tent for every weekend; if they are seeing that or not seeing that. Mr. Kelly stated that these are good questions to ask. Ms, Wesloski stated that she is afraid if we include that limitation; it :is exactly what it is, a limitation. Ms. Wesloski fu~her stated if this is the language indian River ~d Martin Counties are using: and they do not .have a problem then it really is not necessary. Mr. Moore asked st~f if they took into consideration there might be businesses in St. Lucie County that' are not .car dealers~ps that could be hurt by this; for example the people who rent out the space, the banks ~and the Mets Stadium do not lease out that area for free. Mr. Moore stated that it seems like a special interest problem, wherein a car dealership Will say we are being treated umfairly, because we have counties that have these restrictions, ~okay great we will treat the car dealerships fair, but what happens to the rest of the business interests in the county that might ~make money from businesses outside of the counW. Mr. Kelly stated that staff did not look at this; staff constructed an ordinance essentially as we were ins~ructed to construct it. Ms. WesloSki stated that .she agreed with Mr. Moore and if we place the limitation on so many per yea:. 'Chairm~m Klein stated that the ear dealers in St. Lucie County are asking for this. Mr. Kelly stated yes. C mrm~m Klem stated..that ~he limitation ..might be something the car de~ers had not .considered; this is not ,done .~hat m.any times per year, that it would become an issue; ~ey dealers were just t~ing '-to level .the playing field: ~.~ regard to businesses in other comm~ities; the ~on!y businesses that 'would be affected would'be those leasing out the space to -the de~ers coming in from indian River and Mmin Co,ties. Ch~rm,m Klein er stated that if St. Lueie Co.unty dealers are .doing this, presumably they have been doing.:~is because there have been no rules for or against it, they have just been ~ab!e to do it; the only fence for the om:ers ~of the space are how many dealers are from out of tom; 'itl does .no~::.:~feet the location of ~he sale it affects the-dealer. Chairmam Klein Stated .it would be nice to speak to the dealers; -although he does not have a problem ~th the number of limitations; if the dealers were concerned about the ordinance going forward: ~th a'recommendation for a limitation on the number of times per year, at le~t ~ a cou~esy m',the-de~ers, '.they should 'know so they can appear and talk to the Co~W Commission about ~something-that they .did not anticipate. We~,loski ~ke.d what item number contains the word "dealers". Chairman Klein stated J.3. Mr. Cowed stated ~that :he does not feel strOngly about a limitation; if we are-going m begin to t~k about a limitation of four (4)consecutive days, then it would seem logical to do a certain number per ye~; if you :are not going to have limitations throughout the .year, why would you even have this provision. Ms. Wesloski stated 'that because it encompasses a weekend or a long-weekend. Mr. Coward asked Ms, WesloSki what would be the need to not allow a longer period of time; why the restriction that :she was against in reference to the entire year. .Ms. Wesloski stated that ,if the Board uses Mr. KellY's suggestion of once a quarter, that is only four (4)'times per year; not knowing the type of revenue generated, if you lease it and are .only allowed :four (4)' times per year. Mr. Kelly stated that once 'a quarter was on!y an example. Ms. Westoski stated that .she would rather see the ordinance go with limitations and then address problems.if theY occur; is seems .that it could possibly affect someone we are not considering at this time. At this time, Chairman Klein opened the pUblic hearing. Hearing no further ~arguments in favor of or in opposition to the petition, Chairman Klein closed the public portion of the hearing. Ms. WeslOski' stated that she did not feel comfortable voting on the ordinance at this 'time; she would'like for staff to speak to Indian River and Martin Counties and have the word "dealers" removed from item .3, page 3. Mr. Wa~y stated Indian ~¥er ~,d Martin Cowry car dealers will get together and come to a commerci.~-space in St. Lucie County, it may not be the same area all the time and they will havea .s~e; the sales event, even though it is .not specified in the draft ordinance, are sales events that car dealers ~,do o-n their own lots ~yway; sales where ear dealers ~ll get together and go dom to ~e Sta~um, to the ~-rgro~ds or some other public commercial ~ea together as a group .of car dealers and sell their vehicles on a sales event. Mr. Wazny fU~her stated ~th respect to the possible limitation on times per year, it may .not be applicable, and certainly, something that we as staff will look at between now and the Board of C.o.~W CommisSion hearing if yoU .elect to forward this; the intent, if you are a car dealer and you .are assembling these vehicles you might have a sale in Lakewood Park one weekend, the next weekend have one ~dom ~south on U,S. !, one on Hutchinson Island and some other location in the county; .there .may not be a need to restrict the number of times because it is ~likely that they Mll have a sales :.event .at the same location every weekend; they can do that at their e~sfing dealership; this is a several times a year event where they assemble cars, Mr. Moore stated that if iris such a problem that we have these out of county dealerships coming in; then someone here in :this co.un~ is :making money leasing the space; and You are going to take that away from them. Mr. Moore stated that he feels uncomfortable saying the car de~erships deserve this because other counties have it; when the people that are leasing the space are going m lose money that is coming in from sources outside of the county. Mr. Waamy stated that is a valid point. Chairman Klein :stated that ~th regard to the stadium, isn't that county land. Mr. Wa~my stated yes. Ms. Wesloski stated that the fairgro~ds is not, they lease it, whatever they generate, they keep. Chairman Klein stated that St. Lucie County itself leases out the Stadium; a number of events 10 are held there; it is the County putting this ordinance forward. Ms. Wesloski asked if the ordinance requires a St. Lucie County Occupational License. Mr. Kelly stated yes, item 3 on page 3. Ms. Wesloski asked Staff if a local bank came in and said we want to have a temporary car sale, with a tent, Mth .the l~guage in the proposed ordinance, would they be able to do so. Mr. Kelly asked Ms. Wesloski where would the bank get the cars, what cars are they selling. Ms. Wesloski stated 'cars they have repossessed. Mr. Kelly stated that he would consider that an accessory use. Chairm~m Klein stated that you could make a clarifying statement ~at this does not ~feet b~ks; if there were to be a. limitation on the number, of times would not be applicable to a financial institution selling repossessed cars on its own premises. Mr. Kelly ,stated. to Ms. WeSloski that the reason he questioned that was because there are banks who 'lease their 'parking lots to a dealer, which is a different situation. Ms. WesloSki asked st~f if that b~k wanted to have a sale; could they use their Occupational License and have an outside ~dealer bring in the cars. Mr, Kelly stated-that to use 'the bank's 'Occupational License to sell dealers cars; ~ this ordinance is ~itten; .no. Mr. Kelly sta~ed that they could 'sell their own cars as an accessory use; but the bank could not use it's Occupational License to bring in automobiles from a dealer in Indian ~Ver C~)tmty. Ms. Wesloski asked staff how they are going to stop that. Chairman ~ein asked 'staff if that would then be ,a code violation. Mr. Kelly stated that it would have to revert to the Code Compliance process; a dealer who recognizes this is going on would have to report it to Code Enforcement and they would do their best to stop it; although it' is on a weekend an officer may not be handy at the time; certainly we could tat(e ,a look at it and try to head it off the .next time if we did not get it stopped that particular weekend. ~ Mr. Coward stated he is not trying to take a position; he is just trying to figure this out; he understm~ds the ordinance would be providing the opportuni.ty for special events on more properties; so we would be opening up for greater competition; on one hand we could loOk at it has huUing individual businesses but isn't it more of a competitive situation on more properties 11 in the counties. Ms. Wesloski stated not unless you are a St. Lucie County dealer. Mr, Coward asked if there are other types of businesses in the county that would be eliminated. Mr. Moore stated that if there weren't a problem, there would not be a need for this revision; the local dealers are saying they are coming in from the other cotmties; so if there is not a problem with all of the businesses coming in; obviously there is some money being generated. After considering' the testimony presented during the public hearing, including st~f ~comments, and the standards.of review as set forth in Section 11,07.03, St. Lueie County Land Development COde, Mr. Moore moved that the Planning and Zoning Commission recommend that the St. Lucie Co~ty Bo~d of County Commissioners .deny the .amendment to the text .of Section 8,02,0l to provide for the creation of paragraph (J) authorizing special vehicle .and bOat sales events on sites not approved for the permanent display of vehicle and boat sales in the CG (Commercial, General), IL (Industrial, Light), and IH (Industrial, Heavy) Zoning Districts. Ms. Wesloski seconded the motion, and upon roll call the Board voted 2 in favor 'with Mr. Whitley, Mr. Coward, .Mr: Matthes and Chairman Klein voting against the motion to deny. Chairman ~ein stated now that the motion to deny has been defeated, would anyone like to .make another motion. Ms. We~,losk~ made a motion to table until staff can speak with Indian River and Martin Counties and report back to the Board. Mr. Whifley secOnded the motion, and upon roll call the Board voted 4 in favor with Mr. Coward and Chairman Klein voting against the motion to table. Chairman Klein stated the motion to table carries. Ms.. Wesloski stated she did not set a specific time. Mr. Lancaster stated that 'this would have to be readvertised by tabling it; giving them the direction to go back; now if you want to continue it to the next meeting; we could do that, but that is not what was just done.. Chairmma Klein asked Ms. Wesloski if she wanted to amend her motion to a date certain. Ms. Wesloski asked staff if one (1)month is enough time. Mr. Kelly stated one (1) month is fine. 12 Ms. Wesloski amended her motion to .January 15, 1998, the next regular Planning and Zoning C o mmi ssi o n .h earing. Chairm~m Klein asked .Mr. Whitley, who seconded the motion, if he agreed. Mr. Whifley stated yes. Chairmtm Klein asked Mr. L~caster if we ~have to call the roll again. Mr. Lancaster stated no, ~less someone ~disagrees. Chairman Klein polled the Board ~d no one disagreed. Ch~rm~ Klein stated .to Mr.. Wmy that the Bogd would like to hear from the people who are indicating.that this is a problem; maybe they could 'come to the J~uary 15th meeting to spe~ to this .... ' ~.. Waamy s~ated 'st~f ~!I ensure th~v ,are at the January 15th meeting. 13 AGENDA - PLANNING & ZONING COMMISSION THURSDA E JANUARY 15, 1998 7:00 P.M. Please consider Ordinance 9&002 (General Amendment to the St. Lucie County Land Development ~Code), an ordinance amending the St. Lucie .Coun~ Land Development Code by amending ,:.%etlon &02,01, ~by ~roviding for the creation of paragraph ('J) authorizing ~pecial 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 ~Igency with r,~pect to any matter considered at ~uch meeting or hearing, he will need a record of the t~roceeding~, and that, for such ~pu~o,e, he may need to ensure that a verbatim record of the i~ro¢¢eding~ is made,, which record include~ the 'te~timony and evidence upon which the appeal is ,to be based Upon the request of any party to the proceeding, individuals testifying during a hea~ng ~11 be ~orn ~n. Any par~ to .the proceeding will be granted an .opportunity to cross- examine cmy individual testifying .du~ng a hearing Ul~On request. ~ritten comments received in advance of'the ~ubii¢ hearing will also be considered, .Legal notice was published in the Port St. LuCie News and The Tribune, newspapers of general c~rculation in St. Lucie County, on Deeember 4, 1997. File No. PA-97-003 '.ON'S~S . :- NOTiCE:-OF..ESTABLiSHMENT oR CHANGE OF REGULATION AFFECTING. ,THE USE OF LAND The SL' ume! Uounty Bbard of County Commi{sioners pro- pose to adopt =the;following Ordinance:. ORDINANCE NO. 98-002 ' ... ~~ s~. t.ucm coumar LAm> ¢OD~. ~M~~N~ S~Cn'XO~ 8.0~.0~, US~S ~aMITmD aY .SALES EVE~$ BY DATE; boat sales St. IL ~AN~D iH ZONING PROVISION, PROVIDING FOR WITH THE AN EFFE~ PROVIDING FOR · ~is to amend the'St. Lucie'County fOr specifid:standards and. pro. Vehicle and'BOat Sales display'. Vehicle and 98~002 Will be held before the. ~mmission/Locai Plan.ing 1997, at .7:00 PM or.as soon 'ROom :101 of the St, Lu&ie County ordinances, ' are available for review in the office of Di?ector, St. Lucie County Admi .~stration ,Avenue, Ft. Pierce,' Florida 349182, during regul~ hours. Amendments to the proposed ordinance maybe made'at the public'he~g,. .. ' Ifany person deci~le~ to appeal any decision made with respect to any mat- ter considered at the meetings or tiearings of any board, committees,' corn- council or' advisory 'group,. that person-will need record that,, for such purpose may need to ensure that-a 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 th~ proceeding, individuals testifying, au~i/,g a ' will.be s~v(~m ih. 'AnY party to th~ proceeding Will 'be granted an to eros:s-examine anty individual testifying during a hearing I.upon request. 7'~{ This.notice dated and. executed, this 18th day of November, 1997.. · ] .:.;. .' ' '.PLANNING AND ZONING COMMISSION/ ] '~i"'"" i"i"' ' . LOCAL PLANNING )kGENCY i] {.,~: :. '-:,..~..'. "ST. LUCIE COUNTY, FLORIDA '1 "'!i( :'.'7'. '''??' ,i' ' :'" yS/ROBERT KLEIN, cHAIRMAN · '- ~ ~:i ":,~;f. ' ' , PUBLISH DATE-:December 4 1997 " TABLISHMENT .?OR' CHANGE OFi'REGULATiON LANDs. Commissioners l~ropose o:' S'8 oo2 "By. :!A'MEi~ ,DING. $~CTiON U SE.S":P.,ER M I'ITI'ED; aY .OF.P R. AG.APH :, ':: , IL.' · . · · : AN0' '" PRovIDING FOR CODiFI .. . .i. . ~ "~' * *": = ~ ' .... . · ,.:.. oft::s'hi Public ':~=" ar:'--sing ".is {°"~m~nd!:the st;. Lucie r0:Vide~'~for:, s PecifiC, stan-_ ' ' :of 's~.ecial ........ .~ . ~. , .. IL:and.!H · .. -:., ,. ~. · _ , · ? -.'.,;...: , ',, . ...:: ~ , 3..n[LoCal at:'7:.00 notice · · ,, . .~. public h. -'- If;any decided to appeal any decision' made' with matter considered at'the meetings or hearings of .... ' Commissions, agency, council or'advi- group, will need record Of the proceedings and , for :~L may need: to ensure that a Verbatim. Ocord of tho..proceedings is made, which record should include the testimony and evidence upon which the apPeal is to e request of any party to.'the Proceeding indi- ing a hearing will' be.sworn in. Any party to granted an opportunity t° cross-examine g during a hearing upon request. exeCuted this18.day of. No~ember 1997. PLANNING AND ZONING COMMISSION/ LOCAL PLANNING AGENCY ST. LUCIE COUN .TY, .FLORIDA .-/S/ROBERT KLEIN, CHAIRMAN PUBLISH. DATE, December 4, 1997 :of'the ilding, '.'2300: Vii,.'~i;~.i;,. I personat andprop,' :iinter,ested P~irson~ '!' "Iments":~%eiVed I II also be heard,' · 'are available, for review in. Director,-St. Lucie ;.2300' Virginia Avenue,. Ft. regular business tiours. inances may be 'm~ide at-the.'