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HomeMy WebLinkAboutDecember 17, 1997St. Lucie County Planning and Zoning Commission/Local Planning Agency Regular Meeting St. Lucie County Administration Building- Room 101 December 17, 1997 7:00 P.M. CALL TO ORDER: ................ A. Pledge of Allegiance B. Roll Call C. Announcements AGENDA AG:ENDA ITEM. !: MINUTES OF THE NOVEMBER...20, .1997, MEETING Action Recommended' Approval. Exhibit #t' Minutes of November 20, 1997, Meeting. ~G. ENDA..ITEM_...2: FILE NO. RZ-97-01..8, ASS. E.MBLY OF GOD IN..C.~ FAITH. TE.M..P.LE. CHUR. CH Petition of Assembly of God Inc. Faith Temple Church, for a Change in Zoning from the ! (Institutional) and RS-4 (Residential, Single-Family -4 du/acre) Zoning District to the RF (Religious Facilities) Zoning District to expand the existing facilities. Staff comments by Teresa Mancini. Action Recommended: Forward Recommendation to County Commission Exhibit #2' Staff Report and Site Location Maps AGENDA ITEM 3' FILE NO. cU..-.97-.0!.2, ASSEMBLY OF GOD INC. FAITH TEMPLE. CHUR. CH Petition of Assembly of'God Inc- Faith Temple Church, for a Conditional Permit to allow Educational. Services in the PUD (Planned Unit Development- Floridian) Zoning District to the RF (Religious Facilities) Zoning District. Staff comments by Teresa Mancini. Action Recommended- Forward Recommendation to County Commission Exhibit #3: Staff Report and Site Location Maps Planning and Zoning Commission Agenda December 17, 1997 Page 2 AGENDA ITEM 4.: F!~E_NO. PA-9,7-0.,03, ORDINANCE 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. Action Recommended: Forward Recommendation to County Commission Exhibit #4' Staff Report ' AGENDA IT...,EM~_5: _FILE N.O. PA-9.7-00.4, ORDI.N,ANCE 98-0,03 Consider Ordinance 98-005, a General Amendment to Section 7.10.12 of the St. Lucie County Land Development Code. Staff comments by Mike Picano. Action Recommended' Forward Recommendation to County Commission Exhibit #5: Staff Report OTH.ER BUSINESS: A, Other business at Commission Members' discretion. Next regular Planning and Zoning Commission meeting will be held on January 15, 1998, in Room 101 of the St. Lucie County Administration Building. ADJOURN: NOTICE' Ali 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 561/462-1586' PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY ST. LUCIE COUNTY NOVEMBER 20, 1997 - REGULAR MEETING MINUTES BOARD MEMBERS PRESENT: Diana Wesloski, Robert Klein James Minix, Tom Whitley, Albert Moore, Doug Coward, BOARD MEMBERS ABSENT: Ed Merritt, Donna Calabrese and Stefan Matthes excused OTHERS PRESENT: Heather Young, Assistant County Attorney; Ray Wazny, Community Development Director; Dennis Murphy, Land Development Coordinator; David Kelly, Planning Manager; Hank Flores, Planner III; Teresa Mancini, 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 - REGULAR MEETING OF OCTOBER 16, 1997. Chairm,m Klein asked if there were any additions or corrections to the minutes. There being no further additions or corrections to the minutes of the October 16, 1997 meeting, Chairman Klein asked for a motion to approve. Mr. Coward made a motion for approval, and it was seconded by Mr. Moore. Upon roll call, the motion passed 5-0 with Mr. Moore abstaining. PUBLIC-HEARING SCOTT GROVES, INC. FILE NO. RZ-97-015 Ms. Teresa Mancini presented staff comments. Ms. Mancini stated that she was presenting the application of Scott Groves, Inc. for a change in zoning fi'om the AG-1 (Agricultural - 1 du/aCre) Zoning District to the IX (Industrial, Extraction) Zoning District for 35.65 acres of lan& 'The subject property is located on the northeast comer of the intersection of Rock Road and the North St. Lucie Water Management District Canal No. 44 and adjacent to Interstate 95. ApprOval of the petition would allow the applicant to apply for' a mining permit to perform industrial extraction activities. She stated that the subject property is surrounded by the IX (Industrial, Extraction) Zoning District 'to the north and northwest; IL (Industrial, Light) Zoning District to the east; AG-1 (Agricultural - 1 du/acre) Zoning District to the west; and I (Institutional) and IH (Industrial, Heavy) Zoning Districts to the south. She stated that the Future Land Use Designations surrounding the subject property are P/F (Public Facilities) and MXD-Orange West (Mixed Use Development) to the south; RS (Residential Suburban) to the north and west; and IND (Industrial) to the east. She stated the St. Lucie County Jail is located to the southwest; Westwind International, a truck terminal, is located to the southeast; and groves are located to the west and north of the subject property. She stated that staff finds this petition meets the standards of review as set forth in the Land Development Code and is not in conflict with the COmprehensive Plan. Staff recommends that 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. Chairma:n Klein asked if the applicant was present. Mr. Harold Melville, of Melville & Sowerby, 2940 South 25th Street, Fort Pierce addressed the Board. Mr,.Melville stated that he represents the applicant, Scott Groves, Inc. Mr. Melville presented a DOT aerial of the property showing the heavy industrial area to the immediate south; the corner of the jail to the southwest; the IX zoning and mining activities to the north and northwest; 1-95 being the northern boundary of the property; agricultural to the west; and.groves to the west and north. Mr. Melville stated that he has two letters in support of the rezoning application; one from Stalls Fruit Company, owners of the property to the immediate west; and from Joseph G. Miller, who owns the property across from 1-95. Mr. Melville stated that this is a natural location for industrial extraction; there has been significmat activity of that type in the area; the land uses surrounding this property would be compatible with industrial extraction. Mr. Melville stated that if there were any questions he would be glad to answer them. Chairman Klein asked if there were any questions. Mr. Moore asked Mr. Melville what his response to the citrus owners that are objecting based upon the fact that it will adversely affect the surrounding citrus areas. Mr. Melville stated that the change in zoning will not adversely affect the surrounding citrus area nor will the mining itself. Mr. Melville stated that before you can do mining you have to obtain a mining permit; the mining permit requires a substantial amount of environmental activity and analysis before such permit is issued; obtaining the permit is a fairly extensive process, including a great deal of engineering; so therefore we chose to obtain the zoning first and then go back for the permit. Mr. Moore asked Mr. Melville if they would be seeking the permit. Mr. Melville stated yes. Mr. Coward asked staff if the potential impacts might be some alteration of the water table and what impact would that have on the adjacent citrus areas; would this be handled through the Water Management District or through the mining permit process. Mr. Flores stated that the .mining permit is handling through the Engineering Department. Mr. Melville stated that the water table is part of the mining permit application. Mr. Coward stated that another potential impact might be dirt; if the roads are not improved wherein the vehicles coming in and out; there might be a lot of dirt coming off of the property; would this be handled through the mining permit and also whether DOT, being that 1-95 is adjacent to this property, might have a concern and has this been addressed. Mr. Flores stated that the mining permit also covers the issues of the dirt coming off of the property. Ms. Wesloski asked Mr. Melville what type of mining permit they are going to apply for. Mr. Melville stated shell rock. Ms. Wesloski asked if they would be seeking a 20 year permit. Mr. Melville stated that he was not sure, it will depend on what the engineering reports reflect. 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 tBe public portion of the hearing. Ms. Wesloski asked staff if the other mining lakes shown on the map are active at this time. Mr. Flores stated that staff is not aware of any active mining lakes. Ms. Wesloski asked staff if there are any active mining lakes located' on Rock Road. Mr. Kelly stated that he is not aware of any. Ms. Wesloski asked Mr. Melville if he is aware of any active mining lakes. Mr. Melville stated that he is not aware of any. After considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in Section 11.06.03, St. Lucie County Land Development Code, Mr. Whitley moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Scott Groves, Inc. for a change in zoning from AG-1 (Agricultural - 1 du/acre) Zoning District to the IX (Industrial, Extraction) 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 this petition would be forwarded to the Board Commissioners with. a recommendation of approval. of County PUBLIC HEARINGS STUART PROPERTY HOLDINGS, LTD. (THOMAS G. KENNY, III, AGENT) AGENDA ITEM 3 FILE NO. RZ-97-016 STUART PROPERTY HOLDINGS, LTD. (THOMAS G. KENNY, III, AGENT) AGENDA ITEM 4 FILE NO. RZ-97-017 Mr. Den:nis Murphy presented staff comments. Mr. Murphy stated that he was presenting the petition of Stuart Property Holdings, Ltd. for a change in zoning from the PUD (Planned Unit Development) Zoning District to the PUD (Planned, Unit Development) Zoning District and in the interest of time would also address the next agenda item Which is also the petition of Stuart Property' Holdings, Ltd. for a change in zoning from the PUD (Planned Unit Development) and PNRD (Planned NonResidential Development) Zoning District to the PNRD (Planned NonResidential Development) Zoning District. Mr. Murphy stated that both of these petitions are for the Floridian PUD, located in the southern portion of the County. Mr. Murphy stated that the Board should be familiar with the Floridian; in August they completed a rezoning for the property from PUD to PUD and from PNRD to PNRD for the purpose of developing the Golf Course and the other private uses of the property. Mr. Murphy stated that while fine tuning some of the uses on the property the property owners ran into a problem with locating the previously approved heli-stop in the marina area. In order to comply with FDOT/FAA guidelines, the developers needed to move the heli-stop north approximately 100 feet. This movement requires the relocation of the existing zoning lines in this area. The purpose of tonight's meeting is to move the PNRD zoning line about 100 feet and in order to do that we have to go back in and rezone all of the properties again. Mr. Murphy stated that this is really nothing more than a minor lot line adjustment; but because a zoning line is involved the Board of County Commissioners must approve the moving of this zoning line. Mr. Murphy stated that staff recommends that the Planning and Zoning Commission forward these petitions (RZ-97-016 and RZ-97-017) to the Board of County Commissioners with a recommendation of approval. Chairman Klein asked if there were any questions. Chairman Klein asked if the applicant and/or representative was present and wanted to speak. The applicant and/or representative chose not to address the Board. At this time Chairman Klein opened the public hearing for Agenda Item//3, File No. RZ-97-016, Resolution No. 97-229. 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, Ms. Wesloski moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Stuart Property Holdings, Ltd. for a change in zoning from PUD (Planned Unit Development) Zoning District to the PUD (Planned Unit Development) Zoning District, Resolution No. 97-229. Mr. Whitley seconded the motion, and upon roll call the Board voted 6-0 in favor of the motion. Chairman Klein stated that this petition would be Commissioners with a recommendation of approval. forwarded to the Board of County At this time Chairman Klein opened the public hearing for Agenda Item//4, File No. RZ-97-017, Resolution No-. 97-230. Hearing no further argument 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. Whitley moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Stuart Property' Holdings, Ltd. for a change in zoning from PUD (Planned Unit Development) and PNRD (Planned NonResidential Development) Zoning District to the PNRD (Planned NonResidential Development) Zoning District, Resolution No. 97-230. Ms. Wesloski seconded the motion, and upon roll call the Board voted 6-0 in favor of the motion. Chairman Klein stated that this petition would be forwarded Commissioners with a recommendation of approval. to t~e Board of County PUBLIC HEARING ORDINANCE 98-001 FILE NO. PA-97-002 Chairman Klein stated that he had a conflict of interest; Ms. Calabrese is not present tonight so we do not have anyone to take over the gavel; a quick election for a chairperson pro tern to chair this particular item will be necessary. Chairman Klein asked for a nomination. Mr. Coward moved to nominate Mr. Minix if he would be willing. Chairman Klein asked Mr. Minix if he would be willing. Mr. Minix stated that he would be delighted. Chairman Klein asked for a second to that motion. Mr. Whitley seconded the motion. Chairma:n 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 6-0 in favor of the motion. Mr. Hank Flores presented staff comments. Mr. Flores stated that American Aqua Resources, Inc. has submitted a request to amend the text of Section 7.04.01(A) of the St. Lucie County Land Development Code in order to provide for an increase in the maximum lot coverage by buildings in the AG-I, AG-2.5 and AG-5 zoning district to 50%. He stated that the petitioner would like to establish a commercial aquaculture facility on agriculturally zoned property; it has been determined that the proposed buildings for the project would exceed the permitted 10% lot coverage by buildings in the AG-1 zoning district, He stated that the. petitioner is now requesting that the St. Lucie County Board of County Commissioners amend the text of the Land Development Code to allow for a maximum lot coverage by buildings of 50% in all 3 agricultural zoning districts (AG-l, AG-2.5 and AG-5). He stated that in making these amendments to the text of the Land Development Code, consideration must be given to the ramifications that the proposed change will have on the entire county and not to just one specific location. Staff believes that the proposed increase in the maximum lot coverage by buildings would be used by a limited amount of agriculturally zoned property, which would be utilized for commercial fish production; such an increase in lot coverage is not expected to affect most :agriculturally zoned property in St. Lucie County. He stated that staff recommends approval of this request to amend the text of the Land Development Code to allow for an increase in the maximum lot coverage by buildings .in the AG- 1, AG-2,5 and AG-5 zoning districts to 50%. At this time Chairman Minix opened the public hearing. Ms. Marsha Wikfors, Esq. with Dean, Mead & Minton, 1903 South 25th Street, Fort Pierce addressed the Board. Ms. Wikfors stated that they represent American Aqua Resources, Inc.; they would like to reiterate the staff report; they support the recommendation for approval to change the maximum lot coverage to 50% as designated in agricultural zoning districts; she is available; for questions. Mr. Coward asked Ms. Wikfors why they are interested in changing all agriculturally zoned districts rather than just a particular agriculturally zoned piece of property. Ms. Wikfors stated that it is in the best interest of the community to encourage and promote other industry to come into the area; this is a growing trend in the community for non-traditional agricultural areas and there may be other high teCh industries that we may not be thinking of as well as the commercial fish production that would be well suited for this type of change. Mr. Coward asked Ms. Wikfors if she could give the Board a few other examples of these high tech industries. Ms. Wikfors stated there are other high tech industries although she is not sure what they would be at this time; commercial aquaculture has become more prevalent in this area in the past. Mr. Coward asked Ms. Wikfors if the applicant is mainly interested in commercial aquaculture. Ms. Wikfors stated yes. Ms. Patricia F.errick of 4802 South 25th Street, Fort Pierce addressed the Board. Ms. Ferrick asked if this will include changes in the setback requirements in terms of the lot coverage. Mr. Kelly stated no. Hearing no further arguments in favor of or in opposition to the petition, Chairman Minix closed the' public portion of the hearing. Mr. Coward asked staff what the rational was for the initial 10% lot coverage in the Land Development Code. Mr. Kelly stated that if you look at the typical agricUltural use, citrus groves, cattle, etc: the coverage is very small by buildings because they are truly land intensive operations; there was no magic to the 10%, it was probably decided that 10% was a big enough number for everything that agricultural could ever need. He stated there have been a few aquacultural operations and it is a hurdle for them; our earlier .rationale automatically protects the County because if we change it to 50%' and someone comes in with a citrus grove, they are not going to come anywhere near that; they will build a pole barn and whatever they need it will not be a problem. Mr. Kelly stated that when staff talked about trying to put limits on agricultural lot coverage by use the issue became more complex than the possible benefit. Mr. Coward asked it this should be a conditional use. Mr. Kelly stated no. Mr. Coward asked if there would be any negative ramification on drainage of impervious surface when placing buildings on 50% of the site. Mr. Kelly stated Table 7-10., note (j), indicates stormwater management permits may be required. Mr. Coward stated that it is noted in the note section but he does not see it referenced in the AG- 1, AG-2.5 or AG-5 category. Mr. Kelly stated this is an error and it should be changed to reference that code. Chairman Minix stated that where (g) is now should be (j). Mr. Kelly stated yes. After considering the testimony presented during the public hearing, including staff and public comments, and the standards of review as set forth in Section 11.06.04 of the 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 American Aqua Resources, Inc. for an amendment to the text of Section 7.04.01(A) of the St. Lucie County Land Development Code, to allow-for a maximum lot coverage by buildings of 50% in the AG-l, AG'2.5 and AG-5 Zoning Districts. Ms. Wesloski seconded the motion, and upon roll call the Board voted 5-0 in favor of the motion. Chairman Minix stated that this petition would be Commissioners with a recommendation of approval. forwarded to the Board of County 10 OTHER BUSINESS: Chairman Klein stated the next St. Lucie County Planning and Zoning Commission/Local Planning Agency meeting will be held on Wednesday, December 17th instead of Thursday, December 18th at 7:00 p.m. There being no further business, the meeting adjourned 7:45. 11 PLAnNiNG AND ZONING CO~SSION-~VIEW: File Number RZ-97-018 12/17/97 M E,,,M,O R A N D UM D~E'PARTMENT OF COMMUNITY DEVELOPMENT TO: FROM: DATE: SUBJE zT. Planning and Zoning Commission Planning Manager ~/ December 10, 1997 AppliCation,of Assembly of God Faith Temple Church fora Ch~ge in Zoning from the I (Institutional) Zoning District and the RS-4 (Residential, single-Family- .4 du/aere) Zoning District .to the RF (Religious Facilities) Zoning District. LOCATION: The subject prope~ is located on the south approximately 1.,250 feet west of North 25th Street. side of Avenue T, EXISTING' ZON~G: I (InStitutional)and RS-4 (Residential, Single-Family - 4 d~acre) PROPC~SED ZON~G: FUTURE~ LAND USE: RU (Religious Facilities) (Residential Urban) PARCEL S.IZ~E: · 0.91 acre PROPOSED USE: Expand existing church .m include a religious educational facility. SURROUND~qG ZON~G: The subject' property is surrounded by the~ RS - 4 (Residenti.a!, Suburban - 4 d~acre) Zoning District.. The Fort' Pierce City Limits are located to the south of the subject property. The subject property is surrounded by the RU (Residential Urban) Future Land Use Classification. ~The general use of the surrounding property is residential. FIRE/EMS PROTECTION: Station. #l (2400 Rhode island Avenue) is located approximately 2 miles .south of the subject property. UTILITY SERVICE: Utility service will be provided by Ft. Pierce Utilities Authority. December 10, 1997 Page 2 Petition: Assembly of God File No' RZ-97-018 TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: IMPROVEMENTS: · TYPE OF~ CONC ENCY DOCUMENT REQUIRE · The right-of-way width for Avenue T is 25 feet. The right-of-way width for Avenue S is 515 feet. The fight-of-way width for North 29th Avenue is 50 feet. None. Certificate of CapaciW STANDARDS OF' REVIEW AS SET FORTH IN. SECTION 11.06,03, ST. LUCiE COUNTY LAND DEVELOPMENT-. CODE In revie~ng .this application for proposed rezoning, the Pinning and Zoning Commission shall consider' and make the following determinations: ® Whether the proposed rezoning is in conflict With any applicable.portions of the St. Lucie County Land Development COde; The :proposed zoning district is consistent with the St.' Lucie County Land DeVelopment COde. The proposed use, a church, is~a 'permitted use in the RF (Religious: Faei!ifies) Zoning .District. Educational services, associated with the .prima~ religiOUs use, are conditional uses within the proposed zoning district. Lucie C.oun~ amendment is consistent with all elements of the St. Plan; --The p.roposed change in zoning is consistent with all elements of the St, LUcie Co~..tmty Comprehensive Plan. The Comprehensive Plan-indicates that the RF (ReligiouS Facilities)Zoning District is compatible Mth the RU (Residential, Urban) Future Land Use DesignatiOn of the subject property. Whethrer and 'the extent to which the proposed zoning is inconsistent with the eXisting, and proposed .land uses; The proposed zoning is consistent residential land uses in the area. The proposed rezoning of the subject property will expand the existing use and only allow the develOpment of religious-related facilities. December Page 3 I0, 1997 Petition: Assembly of God File No: RZ-97-018 ,® e ® 7~ Se 9~ Whether there have been Changed conditions that require an amendment; Conditions ~have not ch~ged' so as to require an amendment. Whether and the extent to which the proposed amendment woUld resUlt in demands on Public 'facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but~not limited to transportation facilities, sewage .facilities, water supply, parks, :drainage, schools, solid waste, mass transit, and emergency medic,al facilities~' The'intended use for this :rezoning is not expected t° create si~ificant ad~fional demands' on any-pUblic facilities in this area, Any development will need to demonstrate that there are adequate public facilities in the area m suppo~ sUch development. Whether and the extent,to which the proposed amendment would result in significant adverse, impacts on the natural, envirOnment; Any future-deVelopment of this site will be required to comply' ~th .all state and local environmemal regulations. Whether and the extent to which the proposed amendment would adversely affect the proper~ values in the area; The proposed mend, ment is not anticipated to adversely affect prope~ values in the "area surrounding .~he subject property. This .change in zoning will encourage the development ora small, vacant parcel and limit its development to religious- .related facilities. W'h-ether and the extent to which the proposed amendment would result in an orderly and ogical development pattern specifically identifying any negative affects of such patterns; .An 'orderly and logical development pattern Mll occur with .this proposed change ~n zoning, The surrounding properties consist of residential uses which are compatible ~t~h the proposed use. W:hether 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, is not in conflict with the. public interest and-is in harmony .With the purpose and intent of the St. 'Lucie County Land Development Code. December 10, 1997 Page 4 Petition: Assembly of C~d File No: RZ-97-018 COMMENTS The petitioner, Assembly of God Faith Temple ChUrch, has requested this change in the soU~h side of AVenue ,cia' aval 1,250 feet west of North 25th Street in order to would ~so like m have education~ services in the RF (Religious Facilities) Zoning District. Staff has .reviewed this petition and determined that it conforms ~th the standar~ of review 'as set forth.in Section ! 1.06.03 of the St. Lueie County Land Development Code and is not-in conflict-Mth the go~s, objectives, ~d policies of the St. Lucie County Comprehensive PI~. Staff recommends that you'forward ~this petition to .the Board of CounW Commissioners ~th a recommendation of approval. Please contact this office if you have any questions on this matter. Attachments tm ce: Simel Davis File Suggested motion to recommend approval/denial of this requested change in zoning. _MOTION- T0 ARP R QVE :~ AFTER THE TESTIMONY PRESE.NTED DURING THE .PUBLIC HEARING, I.NCLU,D1NG STAFF CO-MiMENTS, AND THE STANDARDS-OF REVI.EW AS SET FORTH/N-SECTI~ON 11,06.03, ST. :L-UClE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING :COMMISSION RECOMM'END THAT THE ST. :LUC:I:E .COUN~ :BOARD OF COUNTY COMMISSI.O:NERS GRANT APPROVAL TO THE APPLICATION O'F ASSEMB.LY OF GOD FAITH TEMPLE CHURCH .F'OR. A .CHANGE 1N' ZONING FROM THE I (INSTITUTIONAL) ZO'N/N~G DISTR/,,T AND THE RS-4 (RESID,ENTIAL, SINGLE-FAMILY - z~ DU/ACRE) ZONING DISTRi!¢T TO THE RF (RE'LIG1OUS FACILITIES) ZONING DISTRICT. BECAUSE [CITE REASON WHY-:.PLEASE BE SPECIFIC]. AFT:ER CONSIDER!'NG THiE, TESTIMONY PR.ESENTED DURING THE PU'B-LIC HEARING, I~N'CLU!D:tN'G-'STAFF COMMENTS, AND THE STANDARDS~ OF 'REVIEW AS SET FORTH IN SECT.I.ON 11.06,'03, ST. LUCi'E COUN~ LA:ND DEVELOPMENT CODE, ! HEREBY MOVE THAT 'THE :PLANNI'NG AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCiE COUN~ BOARD O,F 'COU~NTY COMMISSIONERS DENY THE APPLICATION OF ASSEMBLY OF GOD FAITH TEMPLE CHURCH FOR A CHANGE IN ZO,NING FROM THE ! (INSTITUTIONAL) ZONING DISTRICT AND THE RS-4 (RESIDENTIAL, SUBUR'BAN . 4 DU/ACRE) ZONING DISTRICT TO THE RF (RELIGIOUS FACtLITI'.ES)~ZONING DISTRICT. BECAUSE ... [CITE REASON WHY- PLEASE BE SPECIFIC]. 0 d.) o ',...' 0 I (1) >,,0_ r'--. © (d I I s ~,£ S §~ s 9~ i A1.NflOO 33flOHO33>lO Assembly of God Faith Temple Church Zoning .. i :~'~"""~ Tropic .Boulevord 51 : 52 5,! 54~ ~ . 1~ ~ . 197' 195;!99 200 20l 202, 20,:7 , ' ' C '&'SFFCD Conol C-25 , -. , · , · Avenue R Avenue S RS-4_~. , ..' 97-018 community Development Geographic Information Systems Map prepared November 12,1997 RF N Assembly of God Faith Temple Church La~n.d Use ',.-- ' , ! , '.~'--~ ',,z, 1 Tropic Boulevard RU C .& SFFCD Conol C-25 I I Avenue R Avenue S RU RZ 97-018 Community Development Geographic Information Systems Map prepared November 12, 1997 N AGENDA- PLANNING &~ ZONING COMMISSION WEDNESDAY, DECEA4BER 17, 199 7 7:'00 P.M. Assembly of God inc Faith Temple Church has petitionedSt. Lucie County for a Change in Zoning from the I (Institutional) and RS,4 (Residential, Single-Family- 4 du/acre) Zoning DiStrict to the ~ (Religious Facilities) Zoning District to expand the existing facilities for the followi~.~ g .desCribed property: SEE A TTA DESCRIPTION (LoCation: South: .side of Avenue ~' aPProximately 1,250 feet west of North 25th Street) Please note .that aH proceedings before the Local Planning Agency are ~electronically recorded. Ifa person decides to .appeal any :decision made by the Local Planning AgenCY with respect~to any matter considered at such meeting or hearing, he will need a record of .the proceedings, and that, for such purpose, he may need to ensure that a verbatim record ~of the proceedings is made, which, record includes the .testimony and evidence upon which the appeal is to be based. Upon' the request of any party to the proceeding, individuals testifying during a hearing will be ~o~ in. Any partyto the proceeding will be granted an opportunity to cross- examine any individual testifying during a hearing upon request. Written comments .received in advance: of the public hearing~wiH also be considered. Prior to this: public hearing, notice of the same was sent to aH adjacent property owners December 5, 1997. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers' of general circulation in St. Lucie County, on December 7, 1997. File No. RZ-97-018 >,, 7, 1997'- .-. TO WHOM IT M~Y"CONCERN: 'the r 180 W-] PO.B' 1748I;,AND ! ,,, GARDEN,CITY FARMS,.O5 35 E !O(~'"'FT OF .W 125 FT OF $ .i55 JJ .FT O~ ,N.180.FT. OF TRACT,. t5':, JJ LESS ~0 ESTELLE STEVENS.(b.33 JJ AC)~. (~R 726-I09~ .' ., · ~~ -.&Oca~i°n: South s~d~ .Of;Avenue :~,' approximatelY. !,25~.:f~t west,of . No~: 25~ Stred) ': - -..' 2. AsSembly of God Inc. Faith'Tem- ' ' ,.pie CJ!.u~ch].has petiti0ne~l St.'Lucle · County for., 'o Conditional Use Per. · 'mit tcl' all0wI Educati0n61.;"Sergices :. . in.;ithe~iRF. (ReligiOus. Facilities) Zon. ;' ' ,,J~g :.,"~-b'JstriCt "f~r; 'the :following. ; ,/de~a-i ,bed p~'~)per~/: ' · ' / . . .,~, ':. , ..: .. '. / . 40; FT OF ON (L .oc~on::-South stde:Of.'A~enue T, ai~Pr~cim~ely..".1,250, feet .west d~ N0r~$25th.iSfi-eet), - .-'.. ' ....... · -t~.. '-. ':.,:-'.. ' '. . .-..~. · . ,P~B'LIC HEARING will be held in 'R~m .-!.01; St,, LUcie :c~unty Admi~,stratibn Building; 2300'Vi~:- girfia~Avenue, .Fort Piece, Florida on .D~ernb~r. 17, 'I 997, beginning .at 7:00 P.AL'.or 'as Soon. tflerL~fl~r es p~ib'~e~, :.'.'-.; .... :,. · "'.~ :..' I~URSUANT. TO'Section 286:l~,OS,~";FI0rida StatUtes; if'. ;a - pe'rsc~ d~idei to appeal any deci- Sion tirade', by a bodrd, agency, Or ~*m~sio,'.'with ,e~mct io maffe~considered at a meeting ~, Jj heari~', he will need a 'recor~ of JJ the p~:eedings,' and that, for such JJ puttee,,, he m6y .need..to ensure I! Jhaj ia~erbatim recordS. .. .. of the pr'~. !1 · ceedlttgs 'is. made, which record · "includes 'the'.festir~ony: and- evi-ll d..~e'~upo".'~;~¢h' the,,Ppe~! ~ ioll : b& ba~ecl./ ,-';!-':,. 'Y'-":.,; ....:' IJ " · ~' ' ..i ".' '. , ?',... . "~ ' '~ 'LANN~G AND. ZONiNG JJ "~, ". "' . COMM~SS~ON'll '- ;si 'LUaE COUNTY'.FLORiDA, ~ ~'.- ". /s/RO~'E~T KLE~N; J! ;' ... ~' ....... ,'.. - cH^~RM~N'I/ 1i 40 E ~00 ET 0~ w.1'25 FTOFS I1 .-1,55 Ffi.~.N :180 .~.OF IRACT -"1! nue T, approx!n~:d~ ~ 1 Temple Ch~o has peri .... tloned SI. Lucle Counly for ConditionalUse Permit lo al- .. Iow Educational Services. in the RF (Rellgious FaOitlfles) .' Zoning District for the following. described properlY: ~ CITY. F~, 05 35 40 N 50 FTOF S 16~ F"r rOF W · 115 FT OF TRACT 15 ' LESSW 26 ET [0.~0 AC} (0~ ' 968-1748); ~ CiIY F~, O5 31~'... 40N90 FT OF S' 116 FrOFw ~ Fr [0,19 AC] (OR 968-1~4.8); ' ; -, ~ an, F~S. ~ "'!1 - 4o R~swco. m~--r ~s, .: !1 · nUHE ON s u 1ts ~ ~ roe, 11 ~:;1}1CONI' EIO0 FT,'TH N .TOA. L L il , :'.PI'I e0 Frs OF NUmA~ 16;~: ' !t ..' .~.W.'~,O0 Fr;.m S.;~ a~7.6 n'..~!.,ll 74 ); :..: :..:. 2;' :;"':?i; II 40 E':IO0 Fr:OF.W:.:]25:i-.'i ;OFi$?'.,:' II .. "'. ' ' P~., ~ w!lly~:-heldll "~"' H ' ""'"~'">~':";'" in. R~.:] 0 ~!:.'St,. Lu&~;~nty Ii Adm!n,'i~.ttati~ri~.. BUilSi~i~2aO0 'ii Florida ' Oh'!". Dece~.~, .1i7, II · ""7:!~. P.M. il i997.' beglnnlng, at .. or as ~on thereafter as'.possl- ble.. ......... :. ......... decision ::~ .e.:'.b~! ~a ::~rdl. ' .-agen,cy, fie '"~iit :n~d ~b' proceedings, and 10 ensUr~' 'that o made,, which record inotLii~te~ lhe lesfimony....;.: and'..~ evidence upon,' .wh~'~ .,~i~ :~d~., . ,.$T..'UJC. E COu~'.'A6~:, -:/S/ROBERT KLEIN. · ' ' ' - ': '; ".,:.., ~'.:,.~,~...::.i Publish: December :7;;..I 997 ' ' , , , , ,~,~ ,:: PLANING AND ZONING COMMISSION REVIEW: File Number CU-97-012 12/18/97 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: FROM: DATE: Planning and Zoning Co~mission Planning Manager December 10, 1997 SUBJECT: Application ~of Assembly .of God 'Faith Temple Church for a Conditional Use Permit to allow Educational Services in the RF (Religious Facilities) Zoning District. LOCATION: The :subject prope~ is located on the south side of Avenue T, approximately 1,250 feet west of North 25th Street. ZO'N~G DESIGNATION: LAND USE DESIGNATION: The parcel is currently zoned I (Institutional) and RS-4 (Residential, Single-Family - 4 du/ac.re). The applicant has fileda concurrent petition to change this zoning to the RF (.Religious Facilities) Zoning District. RU~ (Residential Urban) PARCEL SIZE: 0.91 acre PROPOSED USE: Religious Educational Services SU, ROUNDING ZONING. 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. SURROUND~G LAND USES: The subject property is surrounded by the RU (Residential Urban) Future Land Use Classification. The general use of the surrounding property is residential. FIRE/EMS PROTECTION: Station #1 (2400 Rhode Island Avenue) is located approximately 2 miles to the south of the subject property. UTILITY SERVICE: Utility service will be provided by Ft. Pierce Utilities Authority. December 10, 1997 page 2 Petition: Assembly of God File No.: CU-97'012 TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: SCHEDULED IMPROVEMENTS: TYPE OF CONCURRENCY DOC UM ENT RE Q U IRED: The existing right-Of-way width for Avenue T is 25 feet. The existing right-of-way width for Avenue S is 55 feet. The right-of-way .width for No~h 29th Avenue is 50 feet. None at this time. Certificate of Capacity. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed conditional use, the Planning .and Zoning CommisSion Shall consi.d~i' and make th~ f°iloWing determinations: le Whether the proposed conditional use is in conflict with any applicable portions of the St. Lucie County Land Development Code; The propoSed conditional use is not in conflict with any applicable portions of the St. Lucie County Land Development Code. SectiOn 3.01.03(Y)(7), St. Lucie Cowry L~.d DeVelopment Code allows Educational ServiCes, associated and operated by a religious' facility, as conditional uses in the RF (Religious Facilities) Zoning District. e Whether and the extent to which the proposed conditional use would have an adverSe impact on nearby properties; The proposed conditional use is not expected to adversely impact the surrounding properties. The-subject property surrounded by residential uses which are compatible with the proposed use. There are several existing religious facilities in the surroUnding area. Whether and the extent to which the proposed conditional use would be served by adequate public facilities and services, including roads, police protection, solid waste disposal, water, sewer, drai'nage structures, parks, and mass transit; The intended use ~for this rezoning is not expected to create significant additional demands on public facilities in this area. Any .future development would need to demonstrate that there are adequate public facilities in the area to support the proposed use. December 10, 1997 page.3 Petition: Assembly of God File No.: CU-97-012 e Whether and the extent to which the proposed conditional use would result in Significant adverse impacts on the natural environment; The proposed conditional use is not anticipated to create adverse impacts on the natural environment, Any future development of this site will be required to comply with al! state and local environmental regulations. COMM~ENTS The applic~t, .Assembly .of God 'Faith Temple Church, is requesting-this conditional use permit in order m operate religious educational se~ices in the Religious. Facilities Zoning DiStrict. Religious edueationfl se~iee:s, aSsociated with a religious faciliW, are all.owed as c, uses in the Religious FaCilities: Zoning District. The proposed religious educational semite, have a student popUlation of approXimately 30 stUdents. The applicant proposes m conduct weekday SChoOl activities from 7:00Pm to 9:00Pm. .Staff fin,ds that thispetifion, .with the following conditions, meets the standards of review as set forth in section l l':07,03 of the St. Lucie CounW Land Development Code and is not 'in conflict with the goals, objectives, and .policies of the St. Lucie 'CounW Comprehensive Plan. Staff recommends ~that rward .this petition m the Board of County ~mmissioners with a recomme~ation of subject to the following conditions: :The hours of operation Shall be from 7:00pm to 9:00pm Monday through Friday. 2. The total school enrollment shall not exceed 30 students. Pt,ease. .contact this office if you have any questions on this matter. Attachment CC; File Simel Davis Suggested motion to recommend approval/denial 'of this requested conditional use. MOTION TO ApP,,ROVE: AFTER: CONSlDERI.NG THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, IN'C.LUD.ING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET :FORTH IN 'SECTION 11.07.03, ST. LUC1E COUNTY LAND DEVELOPMENT CODE, ! HEREBY :MOVE THAT THE PLANNI"NG AND ZONING COMMISSION .RECOM.MEN'D THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT AP:P'ROVA,L TO THeE APPLICATI'ON OF ASSEMBLY OF GOD FAITH TEMPLE CHURCH FOR A CO.NDITIONAL ~USE :PERMIT TO ALLOW RELIGIOUS EDUCATIONAL S'ERVIC-ES TOWER I'N THE RF (RELIGIOU'$ FACILITI,ES) ZONING DISTRICT, BECAUSE .... [LIST CONDITION(S)] MOT'I,ON T,O. DEN Y: AFTER CO-N'SIr:DERING TH,E TESTIMO,NY PRESENTED D.URING THE PUBLIC HEARING, INC,LUDi. NG STAFF COM.MENTS, AND THE STANDARDS OF REVIEWAS SET.FOR'TH IN SECTION 11,.07,0.3, ST. LUCIE COUN-TY LAND DEVELOPMENT CODE, ! H'ERE'BY M.OVE THAT TH'E PLANNING AND ZONING COMMISSION RECOMM'E'ND THAT THE ST. LU:CtE 'COUNTY B.OARD OF COUNTY COM.MISStONERS DENY THE APPL'CATIO:N O'F ASSEMBLY OF GOD FAITH TEMPLE CHURCH FOR A CONDITIONAL USE PERMIT TO ALLOW RELIGIOUS EDUCATIONAL SERVICES IN TH'E RF (RELI.GI:OUS FACILITIES ) ZONING DISTRICT, BECAUSE ... [CITE REASON(S) WHY- PLEASE BE SPECIFIC] 0 c~ ~ 0 n 0 i S S£ / ~.,x, s LC i S 9~ · A.I.NnO0 33EIOH033),IO Assembly of God Faith Temple Church Zoning '1 / 56 .' 57 58 197' 198 199 200 201 2.02 203 ...- , . .:, .....~..., ,. :.~: ,. :: :...... ,., ., -, .. ,,, . : . , , , . ,. .... ..... ., , .,, ..... C & SFFC.D .Canal C-25 ~ ' .... : ..... ":" ' "" ' "" '' : '. ' ,^'(-~';,,~,,,;i,.,~" ' T' .... ' "'" . ...... . '. .... . ..... Avenue S i I z RS-4 Avenue R . I ....... ! .... ! ~ t2 tS t4 t5 RF CLJ 9'7-012 ...... Community Development Geographic Information Systems Map prepared November 12, 1997 N A.ssembly o.f God Faith Temple .Church La, nd U.se 57 '. 58 197 ~ 198 199 200 201 .202 205 , C & SFFCD Canal C-25 ' ...... ~"' ' ', ' ':' ': ...... ' ', ' ...... ~' -" "' ' "'~'.~:.':,;.';--'.&i2.~. ' T " ..... ' ......... '. -'' ' ' , ...... , , '.',', Avenue R Avenue .S RU GU 97-012 ..... Community Development Geographic Information Systems Map prepared November 12,1997 N AGENDA - PLANNING & ZONING COMMISSION WEDNESDA Y, DECEA/IBER 17, 199 7 7:00P.M. Assemb(v of God Inc Faith Temple Church has petitioned St. Lucie County for a Conditional USe Permit for Educational Services in the RF (Religious Facilities) Zoning District for the following descHbed property: SEE A TTA CHED LEGAL DESCRIPTION (Location: Soutlt side of Avenue T, .approximately 1,250 feet west of North 25th Street) .Please note ~that all proceedings before the Local Planning Agency are electronically recOrded. If a person decides to appeal any decision made by the Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that .a verbatim record of the proceedings is made, which record~includes the testimony and evidence upon which the appeal is to be based.. Upon .the request -of any party to .the proceeding, individuals testifying during a hearing will be ~o~ in. Any party to the proceeding will be granted an-opportunity to cross- examine any individual testifying du. Hng a hearing upon request. Written comments received in advance of the public hearing will also be considered. Prior to this public hea~ng, notice of the same was sent to aH adjacent property owners Decentber 5, 1997. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on December 7, 1997. File No. CU-97-012 o ! Cl o I o o · ST. LUCIE'COUNTY PLANNINg AND ~ZONING COMMISSION PUBLIC HEARING AGENDA DECEMBER 17, ]997 TO WHOM IT MAY CONCERN: ICE is. hereby giver; in with Sedion 11,00.03 with the consi pi Co~ from GAR N'~ FT .1748);, · GARbEN .CITY, FARMSi 05 35·40 N '90 FT OF S 11.5 F? 'OF 'W 1..15 FT OF TRACT 15 *. LESS W 2,5 FT (0.1.9 AC) (OR .968..1748); 180 [:T S C)F N LI TRACT'15, TH W .t0.0 FT;. TH S 157.5 FT M/L..~O POB ~,..' LESS ST R/W AS IN OR 304-~54 '(0~29 AC).'(OR 968.. 1748ji AND '- GARDEN .CITY FARMS, ~5 35 40 ,E-1. O~' FT OF ~W: 125 FT OF S 155 FT ..O~ N.180 FT OF TRACT 15.- LESS,.TO ESTELLE STEVENS (0.33 AC) (OR 726-I 097) I (LocaJ'ion: South side of Avenue T, approximately 1,250 feet west.~f North. 25th Street) 2. Assembly of God Inc. Faith Tem- ple CJ~ur~ch, has petitioned St. Lucie County for a Conditional-Use Per- mit tO allow Educational Services in thei~RF (Religious-Facilities) Zon- ing District ~fbr the 'fOllowing described property: GARDEN CITY FARMS,.05 35 40 N 50:FT OF S 165 FT OF W 115r FT OF TRACT 15 - LESS W 25 FT (0.10 AC) (OR 968-1748); (0.19 AC) (OR 968-1748); GARDEN CITY FARMS, 05 ~5 40 FROM SW COR TRACT i5 RUN E ON~ LI 115 FT FOR POB, TH COi~, .E 100 FT, TH N TO. A PT 180 .E~ S OF N Li TRACT j5, ~H 'Wrl TH S 157,5 FT M/I~ TO POB R/W AS IN OR 304 Aq-(OR 968-- 1748)~t AND, G'~R~EN CITY FARMs, 05 35 40 E 10011FT OF'W 125 FT OF S155 FT ~.': N 180 FT OF'TRACT 15' LESS'TO ESTELLE STEVENs (0,33 AC) [~R Z26'1097). ' (Loccttion:' South side of Avenue T, apprbximafely '1,250 feet west' of N~rt~5th 'Street) P~BLIC HEARING will .be held in 'R~m 101, St. Lucie Admi~Stration Building' 2300' ginia?~venue,.Fort Pierce, Florida on D~ember 17, 1997, beginning at 7:00 P,M, or 'as Soon the;'eafler as po~,.~slbie. · · ~ PURSUANT TO Sedion 286;0~J05, Florida Statutes, if .a - perso~ decides to appeal 'any deci- Sion ~deby a bo~-d, agency, or c6mmr~sion'with respect to any matte~i'considered at a meeting or heari~,-he will need a record of the pf(~eedlngs,' and that, for such pur.~, e, he ~ay need .to ensure ihat c~]v;rbatim ~ecord of the pro, ceedi./i~/s is made, which record includes the' testimony and evi. dence~'Upon 'which the appeal is to be ba~d., . ~LANNING AND ZONING ~s.< COMMISSION S~. LUCIE COUNTY, FLORIDA ~, /S/ROBERT KLEIN, ~ CHAIRMAN ~. 7, 1997 ST: UJClE COUN1Y PLANNING ANDZONING COMMBSK~ · DECEMBER 1,7, 1997 TO WHOM IT MAY CONCERN: . NOllCE is' hereby given 'in 'ac- cordance with SeCtion .11;00~03 of lhe St. LUcia .'County' Land 'Cocle and i Plan, rtha.,l 16 FTFOR . lOO Fr, TH N ~N Ul~cr TH S 157.5 FT GARDEN ~ FARMS, 0535 4o E 1OOFT OF! W 12:S FT OF s 1:55 I"r..OF.N !80 FT. OF TRACt 15, ILESS TO'~ SlEVENS (0.33 ^q (OR 726'1097), -'' .: . .. n~ ~: approx~~ 1,250 . feet west of Nodh' 251h 'Streefj Temple Church, has peti- tioned St. Lucie COunty for a Conditional Use Permit to al- iow Educational Services in . the RF (Religious Facilities] Zoning District for lhe'followlng described properly: · GN~EN CI1Y F~, 05 35 4ON 50 FTOF S 165FT OFW 115 FT OF 1RACT 15 - LESSW 25 FT (0,10 AC) (OR ' 968-1748]; GA,R~EN CITY FARMS. 05 40 N 90 Fl'OF $115 FTOF W 115 FTOF TRACT 15 - LESS W 25 FT (0.19 AC) (OR 968-1748); ~ C~' FARMS, O5 35 40 FROM SW COR TRACT 15 RUN E ON S U 115 FTFOR POB. .TH WlO0 FT, TH S 157.5 968-1748);AND .... JJ ,m ~ :100 FT.OF W lU FT..OF S !1 I~-LESSTOESIm~, ~STEVENS (0,$3 AC) (OR.726,*.,!,097);':'!.: .... ; ;: nueT. opproxlm~MY 1,2~... ,'.~ f~w~ o~ Nodh 2~h ~ .. PUBLIC HEAmNG wiil./b~!i'l~e~d in Room 101, St,. Lucia:County Administration' BUilCiing'~!.~ Virginia Aven~Je, F0d Florida on December '17, 1997, beginning at ?i00 RM, or as soon lhereafler as possi- ble, - ~ . . --..,-. ~;'~-,,.-,;,.' "286;0~105,~' FlOrida' St~tdl~si:;lf a" person decides 10 ap~l.any decision made by a 'board, 'agency, or commission., With. res.P..~,:Cl 19 ~i'ny: ma~iC..0 ered:~ a.'mee'JJng' 0't;:h~ he Will: n~ed 'a rec0r'd""~t proceedings, .and that,:: for' .such purpose, he m~y~r:jeed' lo ensure that a verbatim' re~- ord of the 'proceedingS: i~.: made,, which record inClUCles fha lesfimony and:evidence upon which lhe appeal · . ~ ., ,,. [ '.., . . 'be .based. ,; .... ..::. ::, ;: . :. .~ .:. -! :. ,.-.' :L' ~:f.J!:'¢ ,.-'~: COMMISSI,~', ;'"!:"~T",; ST. LUaE couNTy,. FLOR~" /SmOBER~ KLmN. CH~J~rv~A~' . Publish: December 7,, 1997 · PLANNING AND ZONING REVIEW: December 17, 1997 MEMORANDUM D.EPARTM~ENT OF COMMUNITY DEVELOPMENT To: Planning and ~Zoning Commission From: Planning .Manager Date: December 10, 1997 Subject: Draft Ordinance 98-002 - Petition of St. Lucie County Board of County COmmissioners amending ~e St. Lucie County Land Development Code by Amending Section 8,02.01, providing 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), ~ (Industrial, Light), and ~ '(Industrial, 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 ~e 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), ~ (~duStfi~, Light), and ~ Gndustrial, Heavy) Zoning Districts (PA-97-003). This proposed LDC amendment was initiated by St. Lucie County and is pattemed after similar regulations in Indian River County. Staff recommends approval of Draft Ordinate 98-002. Please let us know if you have any questions. hf cc: File 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27~ 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ORDINANCE NO. 98-002 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT C.ODE ~BY AMENDING SECTION 8.02.01, PARTICULAR TEMPORaRY. USES PERMI~iED, BY PROVIDING FOR THE CREATION OF PARAG~PH (J) AUTHORIZINO SPECIAL VEHICLE AND BOAT SALES EVEN~SiON~!TEs NOT APPROVED FOR THE PERMANENT DISPLAY VEHICLE AND!BOAT SALES IN THE CO, IL. AND IH ZONING DISTRICTS; BY PROViBING FOR~DONELICTING .... F'ROVIsION, BY PROVIDING FOR SEVE~BILITY, ,~?~l.~i~:..~i~.-.~.~,:..-FOR .":-'" APPLICABILI~, ~PROVIDiNG FOR FILING ~ITH TH~!~EPA~,OF ....:. ''~''~: STATE,:pROVIDING FOR AN EFFECTIVE D~;~PRO~!'~i~NG FOR AND PROVIDING .FOR CODIFICATION. :i~!iJii!:?:=' .~ ' :,. ;, ';:i;!?:' .. ::..'.:":i::":. f..,- . I/VHER~$, tho ~Board of County Commissionor$ o~i~:'' Lu¢~e~o.ui~. ~, F onda, has following determination: ..... ...:~.:~., ..... .... :.~..?Yy??:.~.,... ........ :.. · . ::..:',:. :':.i:?,..¥'..¥?::'?-.ir: -:.-~J"~:.,:?.::i.';.. ' 1. On ^u~ust 1, 1090, the Bo~d:i~~;~.:CommiS~!$r$ of St. Lucie County' Florida, adopted th~'~'~:"Luci~~'~?band.~ff~Volopmont Codo. 2. lhe Board .of. County .C~:~i$$ionOi~' has ado'~t~'¢ortain amondmont$ to tho St. t-uc, io CourtS'and ~~lopment,~.:.Code, through tho followin~ 'Ordinances 91-09 - May 14, 1991 92-17 - June 2, 1992 93-03 - February 16, !993 93-06 - May 25, 1993 94-07 - June22, 1994 94-21 - August 16, 1994 96-10 - August 6, 1996 97-09 - October 7, 1997 98-01 - January xx, 1998 ,:.. On ~ xx, 1997, the Lo,cai Planning Agency/Planning and Zoning Commission · held ~a p~i§iii'*c hearing on the proposed ordinance after publishing notice in the Port !ii!:.ii~!i! St. Lu~i'~' News and the Tribune at least 10 days prior to the hearing and i !i:i.:::?.',,: :.re';~P~ended..... that, the proposed ordinance be approved. ...... :':':i'/:.~i~iiii;~$;ii~i-i,. .:.-~.:...:;'ii?.ii.6n xxxxxxxxx xx, 1998, this Board held its first public hearing on the proposed · ::,~%,~i~!:i ::..:'<','~-: ......... - ordinance, after.publishing a notice of such hearing in the Port St. Lucia News and Ordinance #98-00:2b Draft ~1 Underline is for addition Strikc-Tkrcu~k is for deletion Page 1 PRINT DATE: 11/18/97 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 3O 31 32 33 34 35 36 37 38 39 40 41 42 'the Tribune 'on xxxxxxxxx x, 1998. . On xxxxxxx xx, 1998 this Board held its second public hearing on the proposed ordinance, after publishing-a notice of such hearing in the Port St. Lucie News and the Tribune.on xxxxxxxxx xx, 1998. 7. The proposed .amendments to the St. Lucie County Land Devel0pme.nt:C0de are consiStent with the general .purpose, goals, objectives and standards of.'~:;~e St. Lucie County Comprehensive ~Plan and is in the best interest of the'ihealth ~safety and public Welfare of :the citizens .of St. Lucie County,..Flotida. . '.'.'.':i!!~i;:~.~ ,-. NOW, THEREFORE, BE IT ORDAINED by the Board of Cou~i:eommis~iOners of :.::;~?:!:~i~!i~,:.~'.i.~. ;i .?...~...~i...'?:~' PART A. SPECIFIC' AMENDMENTS TO'THE,ST' LUCIE COUNTY ~ID D~ELOpMENT CODE CAUSING THE CODE TO READ AS FOLLOWS, INCLUDE: .' : .-...-? ******************************************* · . . . ACCES Y TE M.PORARY ST U SES ............... .. Permittecl ~:.6ra¢"'~~:~i~.~e:. ...... ....:!ii~~'':~ .... ::!!::!i~?::';:,.:~i;!.-'""" '?~ragraphs A through I No change ...::: .,,~.. ..:-.. /.'.?' -':.~. . ;~:. !:.. . ~:i~.:ii'~il.il}i:.;!. ~peCial vehicle an~ ~boat sales .events. on-sites ~not approved for the Dermanent disDlav vehicle and .... · '--":.-boat sales m~y~i:~e approved, by:tho Communi~ Development Director if the following requirements · .:?~.... ,.~,.:::i:'~..?:. ~il-.,;!~nd. standard§'''are mot: ' - :./i..:?:.~'.,II i?' ?:.-"??!";.ii ?.'?.~7'' ' ' ' ~.,-..,? :?...... '. ' ..-::;::i,?.~::~;-... ":~.?':' Said events shall be c~nductod on property havin.o a GG, IL ,or IH z0nin,~ desi.qnation., or on · ...... -,:?:...,!;.:..~ ...... . , ....... ....... , . ,. property approved by tho Community_Development iDirect0r for special public.events, such Ordinanc(.' #98-002b Draft ~1 Underline is for addition Str!kc ,Tkrcusk is for deletion Pa.~e 2 PRINT DATE: 11/18/97 1 2 3 4 5 6 7 8 9 10 11 12 13 I4 15 16 17 18 19 2~0 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 2~ as the ~fai,rgrounds site; S.aid. events shall be conducted on property having existing, p.ermanent,' and permitted driveways and.access, points. No new driveways (mad cuts) are permitted in coniunctiOn with sales .events.; ~e event shall ~have a duration of four (4) or fewer .~..nse .cutive days.and shall be .~nducted byone or moro dealem having a valid St.,Lucie County occupational license; ... : . Said .events shall be ~conducted on property haVin~l adequate..area -for vehicle disDlav. · 7° -" '::.::i. . . .:,:,.'!...' :..;:;'7. ~4.:;:f"..'.?.;:."""":." . - ,....'.¥?~:,-~ ..i~. · .~--- . ~' · .--.. vehicle .sales events may .be granted, .q:Uired, must .be .obtained prior to .issuance of. any tempera .ry use permit fora sales .event,_ "' must obtain.'.written approval-from the St. Lucie County Public Health. Unit for. proposed sanitary facilities. Ordinance ~98-002b Draft ~1 Page 3 PRINT DATE: 11/18/97 i 2 3 5 6 7 8 9 10 1I 12 13 14 15 16 17 18 19 2O 21 22 23 24 2'5 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 prior to the issuance .,.of any temporary, use perm:i,t for a sales event, the applicant must obtain .wdtten..approval from the COmmunity, Development Director for use of any temporary facilities (suchasa tent)', Use of any facilities required to be inspected by St.. Lucie county or the St, Lucie Cou .nty/Ft. Pierce Fire Depadmen,t shall be inspected'by the appropriate department prior to...operation of the facility_. Concessions,,.may only be:pe, rmitted ,as an acco. sso,,ry,use tothe sales event'.' 'If concessions are proposed, the applicant for the sales event ,must obtain writt"en approval from the St, LUcie Count-Pub!lc Health Unit for the proposed concession-.:facilities,-.'Prior to the issuance of any temporary_-use permit for the sales event.... -.. ..^ · . .. Special., VehiCle Sales Event applications ,~'St meet ,all:".';Su'bmittai;:i~i:~!e'uirements~:i: a temp°r:a...ry~use permit apPlicatiOn, !n addition;;'~¢ecial ye~iae' ~,Sales ; .... " w' ' - ;~?~,.';,..¢4;¢?. ' "~?..,'.-.-::..:?::.~?:.-'-::' include the folio ~ng:_ '8~;;!~i:.;.:';" ..::.':...;;;:" fa) A scaled ,drawing showincl: ' ' ""..':'i:;::!!:;i!~;i!:-?.. & The ,.,di,,m, ensioos ,,of the DroP3;rtv DarCei~~d~iCWh"i~h the event is to be held; ~ The dimenSionS,of th~i~~ent are,a;;:'?*';i:.:i"?:':':".':';?''';'' 3. LOcation..,..and .dim~Sisplay are~'S:i~Srking, areas, and drivincl -- aisles to be utiii~~ ...... '*";?!!!!1%~i!!:.~;i:''''' '"' .'..- "- - All adjacent,~:~wavs, a~8 d~WaYSi~;tfie oro[)e~ parcel site: 4~ All si.qos t~'~e,,sed ia'::~0niun~{i'"bn'i:¢~':'the Sales eve.n,t,and the size. an~ 6, '~×istiii~'~hin.q o~;~ ,subiect,¢~Operty, and applicable setbacks, '- ' .'"/:';17.1':":' ........ .:?-:'=:t'..' ..... ~'.¢' .... .. .-.? ':... (b) Information?ia'entifvin~?i!ii;? ":':"... ..... - - .... '..t;.:-~.'.::;,.- .-... :' '::.,' ":'.:...'i.;!:'!: · .Bedi'nninq and::'~:~di'~i~? dates of the event; , , ,:.....ia,. ,.,:-..,..:..,:., _ _ H'Ci'8.l%'~:~f....oDeration of the event: ~'~'~8Xi'~'te :number of vehicles .dis~)layed, al;,any one ,time on .the event s iteaii,.?..,,:??,.,!:..:?..-,: Any te~:Orarv facilities, includin~ sanitaW; display (such as tents), and concessions: HS~ parking and traffic fi,ow will be properly, directed.onto ,and. within ,the event site: If existing parking, spaces of a P,e, ,rmanent use(such as shopping plaza,):are to be.utilized bypatrons and employees of the sales event, Calculations shall be submitted .demonstrating that the sales event, will not utilize,any parking spaces necessary_, in accordance with,,the parking standards specified in this code, to service ,the, existing uses;~ Ordinance ~98-002b Draft '~1 Underline is for addition Strikc Tkroush is for deletion Page 4 PRINT DATE: 11/18/97 6 7 8 9 10 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 37 38 39 40 41 42 PART B. CONFLICTING P~OVISIONS. Special acts of the Florida legislature .applicable only'to unincorporated .areas of .St. Lucia County, 'County ordinances' and ~Coun~.resoiutions, or parts thereof, in conflict with this ordinance are hereby.=.supemeded by this ordinance to the .extent of such conflict. PART .C. S EVE RAB I LITY. . '':'/:~' ~- .' '- . · .' .:~."-..:;i.'~? ' ~..: - --~' If'any portion of this ordinanceis for any reason held or declar:.'.~d:.to be un~:nstitutional'~ifi~'.e'~ativ~.~.~or~-:~°id, such :hold ino shall not affect .~e mmainin~ po~ons of ~is ,ordin~'~.. 1[ ~is'ordinan~ or ang:::~PrO~i~}!~n ~emof shall ~be held~ to~be ~inaPpli~ble ~to any persOn, Prope~, or d~'~t~ce, such holding sh~i~i~::~'~t affect its appli~bili~ to any 'other pemon, pmpe~, or cimumstan~. ' ".'.:' .-.? PART D. APPLICABILI~ OF ORDINANCE. . . This ordinance Shall ,be a limble.throughout t~?~ - sdictiom.:: "" . . . The Clerk be and is ~hereby .dimct~~ith ~nd a co,md ~py of .this ordinance to the Bureau of Administrative Code and-Laws,pe~~ent of ~e:~./h~:.:~~~tol, Tallahassee, Florida 32304. .~- ....: ,: ~...?:.:~.. A~e~ffi'Otion and second, t~'~:: V~fe on this ordinanco was as [ollows: Chairman Gary D. Charles, Sr. Vice. Chairman Paula A. Lewis Ordinance ~98-002b Draft ~1 onderline is for addition ~, .... m~ ..... h is for deletion Page 5 PRINT DATE: 11 / 18 / 97 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2~5 26 2'7 28 29 3~0 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Commissioner Cliff Barnes Commissioner John D. Bruhn Commissioner Ken Sattler PART H. CODIFICATION. prOVisions of this ordinance shall be :incorporated in the St. Lucie?County Land.DevelOPment Code, and th~' word"ordinance'" may be changed to "section", "article", or other ordinance may ~be renumbered or relettered to accomplish sUCh intention;;'?Provided, h'0~~ii:itha, t..?P'~s B through HI shall not be codified. ..::. -. .. '>-:+- i: : . · . PASSED AND DULY ENACTED this xxth day of xxxxx, . .-' .. " "< :i:'._ ~':::i.3'~!ii(.:.' .'- -' , .... '..~ ,.~¥? . · 'i- ' '-"'"'- . - ...... · > % '-._.,- -.... - .-<:. ' BOARD~F~·U.N~:~.~~ MI SSlON ERS -ATTEST: ST. LUC1E "' DEi~'u~ CLERK · ~,::'ii!i!,?'~'' .{~.? ::.:" .. · ';..? ·.... · .:~ ....... DJ M'~i:i¢;{..~?:. ::i':?; -::::.: 98-002b(LDCamends - disc #5) '" CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: .... coU~'Ty ATTORNEY Ordinance #98-002b Draft #1 underline_ is for addition Strikc Tkrcusk is for deletion Parle 6 PRINT DATE: I1/~8/97. Suggested motion to recommend approval/denial of this requested conditional use. MOTION. TO APPROVE: .AFTER CONS~E~NG THE TEST~ONY PRESENTED D~NG THE 'PUBLIC HEARING, INCL~}ING STAFF COUNTS, AND THE STANDARDS OF REV~W AS SET FORTH -IN 'SECTION 11.06.04, ST. LUCIE CO~TY LAND DEVELOPMENT CODE, I t~REBY MOVE ']['HAT T~ PLA~NG AND ZO~NG COMMISSION ~COMMEND THAT THE ST. LUCIE CO B.O~ OF CO~Y COMMISSIO~RS GRA~ APPROV~ TO TI~· APiPLICATION OF ST' LUCIE COUNTY FOR AN AMENDME~ TO THE TEXT OF SEC~:~ON 8.02.01.1, ST.. LUC~ COUNTY LA~ DEVELOPME~ CODE, TO PROVIDE FOR T~ CREATION OF P~GRAPH (J) AUTHO~Z~G SPECI~ VE~CLE AND BOAT SALES E~NTS ON SI~S NOT ~PROVED FOR ~ pEKMANE~ DISPLAY OF VE~CLE A~ BOAT ~S~ES ~ TI~ CG (COMMERCIAL, GENE~), IL (iNDUSTRiAL, LIGHT), AND .~. :(i~US~AL, ~AVY) ZONING DISTRICTS, BECAUSE ..... [CITE REASON(S) WH~,- PLEASE BE SPECIFIC] MOTION ~TER CONS~E T~ ~TEST~O.~ P~SENTED D~G TI~ PUBLIC ~ARiNG, INCL~iNG STAFF CO~~S, AND TI~ STANDARDS OF ~VIEW AS SET FORTH IN SECTION 11.017..03, ST. LUC~ COUNTY LAND DEVELOPMENT CODE, I ~REBY MOVE T'~T PLANNING 'A~ ZO~G COMMISSION ~COMMEND ~T TI~ ST. LUCIE CO Y BO~ OF CO~Y COMMISSIO~RS DENY TIlE APPLICATION OF ST. LUCtE ~COUNTY FOR AN AMEND~~ TO T~ ~XT OF SECTION 8,02:01, ST. LUCIE CO~TY LA~ DEVELOP~NT CODE, TO PROVIDE FOR ~ C~ATION OF PARA GRAPH - (J) AUTHO~ZING SPECIAL VEHICLE AND BOAT SALES EVENTS ON SITES NOT APPROVED FOR T~ PERMAneNT DISPLAY OF VE~CLE AND BOAT SALES I]N T~ CG (CO~RCIAL, GENE~L), IL (INDUSTRIAL, LIGHT), AND iH (INDUSTRIAL, ~AVY) ZONING DISTRICTS, BECAUSE ..... [CITE 'REASON(S) WHY - PLEASE BE SPECIFIC] AGENDA - PLANNING & ZONING COMMISSION WEDNESDA Y, DECEMBER 17, 1997 7:00 P.M. Please consider Ordinance 98-002 (General Amendment to the St. Lucie County Land Development .COde), an ordinance amending the St. Lueie County Land Development Code by amending Section 8.02.01, by providing for the creation of paragraph (J) authorizing special vehicle and boat sales events. Please note that .aH proceedings before the Local Planning Agency. are electronically recorded. Ifa person decides to appeal any decision made by the Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a' verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based Upon ~the request of any party to the proceeding, individuals testifying during a hearing will besom in. Any par~ to the proceeding will be granted an opportunity to cross- examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general ,trculatton in St. Lucie County, on December 4, 1997. File No. PA-97-003 NOTICE OF ESTABLISHMENT oR CHANGE OF REGULATION AFFECTING THE USE OF LAND The St. Lucie County Board of County CommiSsioners pro- pose to adopt the .following Ordinance: ORDINANCE NO. 98-002 ' DEPARTMi . ATE, ~ ORDINANCE AMENDING THE ST. LUCIE COUNTY ~D DEVELOPMENT CODE BY AMENDING SECTION 8.02.01, .PARTICULAR TEMPORARY USES ~P ERM~D B Y PROVIDING Fi THE CREATION. OF PARAGRAPH ,~ ~HICLE ~D BOAT SAI.ES EVENTS ON, SITES N, FOR THE PERMANENT DISP ~LAY ,IL AND IH ZONING CONFLICtiNG PROVISION, BY [LITY; PROVIDING FOR K FILING WiTH THE FOR AN EFFE~ , FOR PROVIDING FOR 'The purpose of this public hearing is to amend-the St. Lucie'County ~d DeVelopment Code to provide for specific:standards and pro- cedures governing the conducting of Special Vehicle and Boat .Sales Events on-sites ~not approved for the permanent display vehicle-and boat sales in the CG, .I.L and IH Zoning DistrictS. A PUBLIC HEARING on Ordinance 98~002 will be held before the ~St. Lucie County planning and Zoning Commission/Local Planning gency on Wednesday, December 17, 1997, at 7:00 PM or as 'soon ereafter as possible, in Room 101 of the St. LUcie CounW Administration Building, 2300 Virginia Ave., Ft. Pierce, FL. Matters affe~g your personal .and property rights may b~ heard and acted uPon. ~ interested persons are invited to attend and be heard. Written comments received in advance of the public hearing wi'H' also be heard. C~pies of the proposed ordinances, are available for review in the office of the COmmunity Development Director, St. Lucie County Administration Building' 2300 Virginia Avenue, FL pierce, Florida 34982, during regular business hours. Amendments to the proposed ordinance may be made'at the pubtic hearing. If any person decides to appeal any decision made with respect to any mat- ter considered at the meetings or hearings of any board, committees,'com- missions, agency, council or advisory group, that person will need record of the proceedings and that, for such purpose may need to ensure that a verbatim record of the proceedings is made, which record should include the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a heating Will be sworn in. Any party to the proceeding will be granted an opportunity'to cross-examine any individual testifying during a heating upon request. This notice dated and executed this 18th day of November, 199Z PLANNING AND ZONING COMMISSION/ LOCAL PLANNING AGENCY ST. LUC[E COUNTY, FLORIDA /S/ROBERT KLEIN, CHAIRMAN PUBLISH DATE: December 4, 1997 NOTICE OF ESTABLISHMENT OR CHANGE OF REGULATION AFFECTING THE "USE OF LAND The St. Lucie County Board of Couniy Commissioners propose to adopt the fOllowing Ordinance: ORDINANCE NO. 98-002 AN ORDINANCE AMENDING THE ST..-'..LUCIE COUNTY . LAND DEVELOPMENT CODE BY AMENDING SECTION 8.02.01, PARTICULAR TEMPORARY USES PERMITTED, BY PROVIDING FOR THE CREATION OF 'PARAGRAPH (J) AUTHORIZI!NG SPECIAL VEHICLE AND BOAT SALES EVENTS ON-SITES NOT APPROVED FOR THE PERMA- NENT DISPLAY. VEHICLE AND ~BOAT SALES IN THE CD, IL AND IH ZONING DISTRICTS; BY.PROVIDING FOR CON. ROV!SIO.N,' BY PROVIDING 'FOR SEVERABILi. TY,~ PROVIDING FOR FIL. lNG WlTH.T E DEPARTME STATE,= PROVIDING FOR 'AN EFFECTiIVE DATE, PROVIDING FOR. ADOPTION AND PROVIDING FOR CODIFICATION. The purpose of.this public hearing is to'amend' the St. Lucie County 'Land Development COde to provide for specific stan- dards and procedures governing the conducting of Special Vehicle and Boat Sales .Events on-siteS not approved for the permanent isPlay vehicle and boat sales in the CD, IL and IH iARING on Ordinance 98-002 will be.held before the' ~St, Lucie county Planning and zoning Commission/Local Planning Agency on Wednesday, December 17, 1-997, at 7:00 PM or as SrOOn thereafter as possible, in Room. 101 of the St.. Lucie unty AdministratiOn Building, 2300 Virginia Ave., Ft. P FL. Matters affecting your personal and prop- ertyrights may be heard and acted upon-. All interested persons are and be heard. Written comments received public hearing will also be heard. sed ordinances, are available ~for review in 'the office Community Development.Director, St. Lucie CounW Building, 2300 Virginia Avenue, Ft. Pierce, FI 34982, during regular business hours. Amendments to the proposed ordinances may be made at the public hearing. If any person decided to appeal any decision made with respect to any matter considered at the meetings or hearings of any board, committees, commissions, agency, council or advi- $ory group, that person will need record of the proceedings and that, for such purpose may need to ensure that a verbatim recOrd of the proceedings is made, which record should include the testimony and evidence upon which the appeal is to based. Upon the request of any party to the proceeding indi- viduals 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. Tills notice dated and executed this 18.daY of November 1997. PLANNING AND ZONING COMMISSION/ LOCAL P.LANNING AGENCY ST. LUCIE COUNTY, FLORIDA /S/ROBERT KLEIN, CHAIRMAN PUBLISH DATE, December 4, 1997 PLANNING AND ZONING COMMISSION REVIEW: 12/17/97 M,,E,M, 0 RAND U,M DEPARTMENT OF COMMUNITY DEVELOPMENT TO: FROM: DATE: Planning and Zoning Commission Planning Manager December 110, 1997 SUBJECT: Dr~t Ordin~ance 98-003 - Petition of Libe~ .Scrap Metal Plant H, 'Inc. amending ~he St. Lucie CounW Land Development Code by Amending Section 7.!0.12., Scrap ~d Waste Materials, by adding m paragraph A(1) the term "Non-Ferrous Metals", to the 'list of Scrap materials that may be collected, for. recycling, in the 'IL (industrial, Ligh0 Zoning District. (File Number: PA.97-004) A~ached is a copy of Draft ~Ordinance 98,003., which proposes to amend Section 7.10.12 of the St. Lucie Co~w Land Developmem C~ode.(LDC). This amendment would add to paragraph A(1) te " · the:. rm Non-Ferrous Metals", to the list .of.scrap materials thru may be collected, for recycling, in the IL (industrial, Zoning District. This proposed LDC amendment was submiRed by the Libe~ Scrap Inc., in accordance ~th the provisions of Section 11,00:01 of the LDC, This petition was not initiated by St. Lucie Co'unW. The petitioner buys. and sells non-ferrous ~metEs, a light use which requires little processing. The petitioner .is now requesting ihat .,he St. Lucie Co~ty Board .of County Commissioners amend the 'text of ~he LDC to alloW non-ferrous metals m be added to the list of scrap materials that may be collected, for recycling, in the iL Zoning District. I~ making .~y amendment to the T~T of the Land. Development Code, consideration must be g~ven to the ramifications that the proposed ch~ge <I1 have on the entire community and not to just one specific location, in discussions with Libe~ Scrap Metal Plant II, Inc., justifications for a change to the text of the LDC to allow the addition of"n: on-ferrous metals. "to the list of scrap metals that may be collected in the IL Zoning District were given. Staff believes that the .proposed addition of non-ferrous metals would not 'affect most of the industrially zoned property ~n St. Lucie CounW. Where the amendment ~does affect property, the addition of non-ferrous metals for recycling is consistent ~th ~other IL uses. Staff recommends approval of a change to the text of the LDC which would allow for the addition of non-ferrous metals to the list of scrap metals collected in the IL Zoning District. Please let me know if you have any questions. mp CC: Allen Edelmann File 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 27 .28 29 3~0 31 32 33 34 35 36 37 38 39 40 41 42 ORDINANCE NO. 98-003 AN ORDINANCE AMENDING'THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 7.10.12, SCRAP AND WASTE-MATERIALS, IBY 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 ZONING DISTRICT; BY PROVIDING FORGONFLICTING PROVISION, BY PROVIDING FOR SEVERABILITY, PROVIDING FOR APPLICABILITY, PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE., PROVIDING FOR~AN EFFECTIVE 'DATE, PROVIDING FOR ADOPTION AND ~PROVIDING FOR CODIFICATION. WHEREAS, .the Board of County Commissioners of St, Luciei?County, Florida, has made the .. , following dete:rmination: .:... -.-.. 'I. On August 1, 1990, the Board O[::~.:i..C0Unty CommiSsionem of St. Lucie County, Florida, adopted the St,..:-~:u¢ieCoUnty Land DeYelopment Code. , . The Board of.County ~Com:missione[s?~hasado. pted;ic-ertain -amendments .to the 'St, Lucie County Eand DeVelOpment cod'e;' through the following Ordinances ..... 91,03 - Ma'~h¥14, 1.991 91-09 - May 14, 1991 91,21 - No~ember 7, 1991' 92-17 - June 2, 1992 93-01 - -Fe~u.ary: 1.6, 1993::. · 93,03 - February 16, 1.993 93~05 - · Mayi25,... 199.3 93-06 - May 215, 1993 ~93~07 - :M:aY.!:!2~;..:..! 993 94-07 - June 22, 1'994 · 94~18'.' .- AUg.uSt?i16;,.,.:1994 94-21 - August 16, 1994 95~0':1''~,. - Jan~aa~!:~.~;1"o::i:i:1995 96-!.0 - August 6, 1996 97.~0~1-- March:~i~,~'.:ii:~.':.'g9'7 97-09 - October 7, 1997 97-23 -:: - September 2, 1997 98-01 - January xx, 1.998 98-02 -.. -February xx, 1998 98-03 - February .xx, 1998 On xxx~~::::*, 1997, the.Local 'Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie 'News and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. On'Xxxxxx ~xxx xx, 1998, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on xxxxxxxxx x, 1998. Ordinance #98-003a Draft #1 Underline is for addition ~trikc Tkrcugh is for deletion Page 1 PRINT DATE: 11/18/97 1 2 3 4 5 6 7 8 9 1~0 11 12 13 -14 15 16 17 18 19 20 21 2¸2 23 24 25 26 27 28 29 30 31 312 33 34 35 36 37 38 39 40 41 42 43 ¸6. , On xxxxxxx xx, 1998 this Board held its second public hearing .on the :proposed ordinance, after publishing ~a notice .of such hearing in the Port St. Lucie News and the Tribune ~on xxxxxxxxx xx, 1~998. The proposed .amendments to the St. Lucie County Land ,Development-Code are consistent.with the. general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and is in the best interest of the health safety and public welfare of the citizens of:St LuCie County, FlOrida, NOW, THEREFORE, BE :IT ORDAINED-by the.Board of'Coun-tyC0mmissioners of St, LucieCounty, Florida: .. .. . PART A. . SPECIFIC AMENDMENTS TO THE ST. ~LUC!E COUNTY-LA~DDE~EEOPMENT CODE CAUSING THE CODE TO READ AS FOLLOWS, INCLUDE: -: ........ :":~": ''::'~ CHAPTE !!.' ID EV'E LO P M E NT .DES I G~Ni~:~:'A N D! i?l!i~p ROVE M E NT . .... .: 7.1'0.00.:...~..:.'::"':::S U PP LEMENTAL S:~NmR:Ds ' ' ' :" ..~ ' '¥i :- · · : . . ....-~ . 7. t 0.12 '~S'G.~P AN D W~Si*E?~M~E RIALS : -, In the..IL/(InduSt~ia!~!.:Eight) zon;ing?district, scrap and waste material collection operations may be permitted as a conditiona!::.use subject to the following criteria: -. :i. The c.olle.cti°n~:~oPerations sha.l.I be-'limited to the acceptance of glass, plastic, paper, : ~, ,~ ~ ..... ~m~tal cans~ and n.on-forrous ..metalS. A, Paragraph I through 6 -- No Change Ordinance #98-003a Draft #1 Underline is for addition Strikc Tkrcu~ is for deletion Page 2 PRINT DATE: 11/18/97 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1-6 17 18 19 20 21 22 23 24 25 26 27 2'8 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PART ~B. CONFLICTING PROVISIONS. Special acts of the Florida legi:slatUre ~applicable .only to :unincorporated areas of St. Lucie County, County ordinances and County.resolutions, or .parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such -conflict. PART C. ~SEVERABILITY. If any -portion of~ this ordinance is for ~any ~reason held or .declared.: tobeuncons:titutional, inoperative, .or void, such ~hohJing shalln'ot.affect the remaining potions of this ordinance: If ~this Ordinance~or anyi~pmvision thereof shall ~be ~held to be i'napplicable to~any person, property, or cimumstance, Such holding?shal!?~,not affect' its applicability ~to.any.other pemon, property, ~or circumstance, · PART D. APPLICABILITY-OF ORDINANCE. - This ordinance shall be ~apPlicable thrOughout St..kucie :CountY's juriSdi~tiO'n~-~:!: ... PART E., FILING WITH THE DE'PARTMEN~!i!':Q~S~E~;:,:' .. The.Clerk be and is ~hereby directed fo~hwith:?~to send ail Certifi~d?~0PYi~!iof~,'~this ordinance to -the Bureau of Admin!istrative Code and Laws, DepaAment!~6f: State, !h.b~:'.Capit0~lilT~ii:~h.assee, Florida 32304. PART F. EFFECTIVE DATE. ":.:~:~::: This ordinance:shall take offoct upon adoption.~Of:;~the:B~dof County Commissioners. . . .. : .After motion and se¢°nd.i!:ithe~, vote on"~thiS~Prdinance was as fol~ows: ChaiCman.Gary D. Charles, Sr. XXX Vice Chairman Paula A. Lewis Commissioner Cliff Barnes XXX Commissioner John D. Bruhn XXX Commissioner Ken Sattler XXX Ordinance #98-003a Draft #1 ......... ~d~.r~ne is for addition Strike T'krc',~gD~ is for deletion Page 3 PRINT DATE: 1!/1~8/97 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1.6 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 PART H. CODIFICATION. Provisions of this ordina.nce .shall be~ incorporated in the St. LuCie County Land Development Code, and the W, !I, ~ ' , ~1!., -'' - ' t! ' ord ordinance .may be. changed to secbon, "article", or other appropriate word, and .the sections of this ordinance may be renumbered or relettered to accomplish such 'intention; provided, however, that pads B through H shall notbe codified. PASSEl) AND DULY :ENACTED this xxth day of xxxxx, 199-8 ATTEST: *- .... DE~PU~ CLERK BOARD oF"iiG~OUN~COMMISSIONERS ST.' LUCIE cOUN~;?FLO~RIDA .. BY: .,CHAIRMAN DJM '" .98-002b(LDG~'mends - disc #5)ii;:::.::'.:..':~? -. APPROVED:iAS!'~' FORM AND CORRECTNESS: ' 'COU'NTy ATTORNEY Ordinance #98-003a Draft #1 ~n ~r~ i n e i s f O r a dq i~ i--o~ ......... Strikc Tkrcu~ is for deletion Page 4 PRINT DATE: 11/18/97 Suggested motion to recommend approval/denial of this requested amendment. MOTION TO: APPRO.VE:~ AFTER CONSIDE~NG Tt'~ TESTIMO~ PP~. SENTED DURING THE PUBLIC ~ARING, INCL~)ING STAFF COUNTS, A~ THE STANDA~S OF ~VIEW AS SET FORTH IN SECTION. 11.06.04, ST. LUCIE .CO:~TY LAND DEVELOP~NT CODE, I ~t~BY MOVE HAT T~ PLA~NG AND ZONING CO~SSION ~CO~ND THAT 'THE L,~ , .ST. UC!E CO~TY BOARD OF CO~TY CO~SSiO~RS GRA~ APPROVAL TO THE APPLICATION OF LIBERTY SCRAP METAL PLANT II, INC. FOR AN A~~~NT TO T~. TEXT OF SECTION 7.10.1.2, ST. LUCIE COUNTY LAND DEVELOP~NT CODE, TO ALLOW FOR THE ADDIT!ON OF N-FERROUS ~TALS "NO ~' TO 'THE LIST OF SCRAP MATERI~S COLLECTED, FOR ~CYCLING, IN THE 1L(I~USTRIAL, LIGHT)~ ZO~NG DISTinCT, BECAUSE... [:CITE ~ASON(S) WHY - PLEASE BE SPECIFIC] MOTION TO .DEr~: AFTER ~ONSiDE~RI~NG THE TESTiMO~ PRESENTED D~NG THE P~LIC ~A~NG, INCL~ING ST~F COUNTS, AND 'THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 1t.06,04, ST. LUCIE COUNTY LAND DEVELOP~NT CODE, I ~~BY MOVE THAT THE PLANNING AND ZO ~NING CO~SSION RECO~ND THAT T~ ST. LUCIE COUNTY BOARD OF CO~TY CO~SSIO~RS DENY THE' APPLICATION OF LIBERTY SCRAP METAL PLANT II, INC. FOR AN A~~~NT TO THE TEXT OF SECTION 7.10.12; ST. LUCIE · CO~TY LA~ DEVELOPMENT CODE, TO ALLOW FOR THE ADDITION OF "NON- FERROUS 'METALS" TO THE LIST OF SCRAP MATERIALS COLLECTED, FOR RECYCLING, IN T~ IL(INDUST~AL, LIGHT) ZONING DISTRICT, BECAUSE... [CITE ~ASON(S) WHY - PLEASE BE SPECIFIC] AGENDA - PLANNING & ZONING COMMISSION WEDNESDA Y, DECEMBER 17, 199 7 7:00 P.M. Please consider Ordinance 98.007 (General Amendment to the .St. Lucie County Land Development Code), an .ordinance amending the St. Lucie COunty Land Development Code by amending Section 7,1:0.12, Scrap and Waste .Mate~als, by adding to paragraph A(1) the term "non.ferrous metals" to .the' list of scrap materials that may be collected:in the IL Zoning District. . Please note that all proceedings, before the Local Planning Agency are electronically recorded Ifa person decides to appeal any decision made by the Local Planning Agency with respect to any matter considered at-such meeting or hearing, he will need a record of the proceedit.~gs, and .that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based Upon the request of any party m the proceeding, individuals testifying during a hea~ng will be sworn in. Any parer to the proceeding will be granted an opportunity to cross- examine any individual testifying during a hea~ng upon request. Written comments .received in advance of the public hearing will also be considered Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on December 4, 199Z File No. PA-97-004 NOTICE OF ESTABLISHMENT OR CHANGE.OF REGULATION AFFECTING THE USE OF LAND The St. LUcie County Board of County Commissioners pro- .pose to adopt the .following Ordinance: ORDINANCE NO. 98-003 · AN ORDINANCE PARAGRAPH: THE I~ST OF' IN' THE IL Z SEVE~iL ; pROVIDING FOR STATE; FOR The purpose rous metals: tion and with a scrap and subject, to the applicable parts ST. LUCI. E COUNTY LAND AMENDING SECTION 7.10.12, BY ADDING TO METALS" TO BE CO~CTED BY PROVIDING FOR B Y PROVIDING FOR AP P.LICABI~; THE DEPARTMENT OF DATE; PROVIDING CODIFICATION. 'this public hearing, is to amend the St. Lucie County C~de to de for the collection of non-fer- Light) Zo~g District. This collec: of these materials would be done in ~conjunction collection operation, and would be Se~on Z10.12 and the other ,pment COde. thereafter as possible, in Administration and persons Wri~en. comments received :i also be heard. ,m 101 of the St. Lucie County Ave,, Ft. Pierce, FL :Matters rights may be heard and acted to attend and be heard. of the public hearing will ~Building, 2300 Virginia Avenue,. Ft. Pierce, 'Florida 34982, during regular business hours. Amendments to.the proposed ordinance may be made at .the public hearing. . If any person decides to appeal any decision made with respect-to any mat- ter considered at the meetings or hearings, of any board, committees, com- missions, agency, council or advisor7 group,' that person will need record of the proceedings and that, for such purpose may need to ensure that a verbatim record of the proceedings is made, which record should include the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifyihg during a hearing Will be sw;rn in. 'Any t~arty_to tl~e proceeding will I~e ~ranted an opportunit7 to cross-examine any individual testifying during-a he~ring upon request. This notice dated and executed-thi.s 18th day Of November, 1997. PLANNING AND'ZONING COMMISSION/ LOCAL PLANNING AGENCY ST Li_/CIE COUNTY, FLORIDA /S/ROBERT KLEIN, CHAIRMAN PUBLISH DATE: December 4, 1997 NOTICE OF ESTABLISHMENT '" OR 'CHANGE .OF REGULATION**.- AFFECTING THE ..USE. OF LAND The St.' Board .of County Commissioners' propose tO ~g Ordinance: 0 '98'003 AN ORD ' ST. LUCIE COUNTY LAND SECTION 7.10.1: BY ADDING TO ROUS METALS", TO MAY BE COL-* I)ING FOR CONFI 'FOR SEVER- ;OVIDING .... FOR FoR~ ADo'P~' TION ......:_. ..... ... :..~,.~, :~...:. The purpose of this public hearing is.to amend the St. LuCie County. Land Development Code to PrOVide for the collection of non-ferrous metals in the IL 'Zoning District.' This collection and disposal ~ ~ materials w.ould be:done in conjunction with a scrap and '.material-collection*0per- ~ation, and woUld be subject remaining Standards * of ~Section 7.1.0.12: and the parts, of the *;Land Development Code, . ~ '.. - ' A PUBLIC HEARING on 'Ordinance 98-003 Will be held.before. PM 'or :ras soon as possible, in. of .the.St. Lucie. Coun~ Stration BUildin iinia .Ave, Ft. Pierce g .You :rights may acted' .Upon. 'All 'Persons are invit- ed to and be heard. Written Comments .received in,. advance of , pUt ic hearing i,/i also be h~ard. · ~..C°pies of 1PrOI 3seal ordin ~n ~ "iilable for.re~/i'~w.'in:l the OffiCe ( ~e ( :~mmunity :;,~ i Director, St. 'Lucie''' county Ad iistration Build rt..~ Pierce, .Florida, 34982; .durin Amendments t° the prOpOsed ! ay: be made .at the l public hearing. if any person decides 'to appeal any decision made with respect to any matter considered 'at the' meetings or hearings of any bOard, committees, commissions,, agency, council or advi- sory group, that person will need .record of the proceedings and that, for such purpose may 'need :to ensure that :a verbatim record of the proceedings is made~ which~ record should .include the teStimony and evidence upon which the appeal is to based. Upon the request' of any proceeding indi- viduals testifying during a hearing wi ,rn in. Any party to the proceeding Will be granted ar{ o 'to cross.examine -any individual, testifying during a hearing request. This notice dated and' executed this 18th ray of November 1997. PLANNING-AND ZONING COMMISSION/ LOCAL PLANNING AGENCY ST. LUCIE COUNTY, FLORIDA /S/ ROBERT ' KLEIN, CHAIRMAN PUBLISH DATE, December 4, 1997