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HomeMy WebLinkAboutJuly 17, 1997St. Lucie ~County Planning and Zoning Commission/Local Planning Agency Regular Meeting ~St. Lucie County Administration Building - Room ~101 July 17, 1997 7:00 P.M. AGENDA A. Pledge of ~legiance B. Roll Call C. Announcements A~.:.,,~DA .I~M ~t. ~NU~S OF THE~J~26, 1997, MEETING Action Recommended: Approval. ~ibit #1: Minutes ~of June 26, 1997, Meeting A DA.I~M~2: . ~NO. CU-97~.006 TRINITY..~~GELICAL.. PRESR~RIAN CHURCH Petition ,of Tdnity Evangelical Presbytedan Church, for a Conditional Use Permit to Allow Educational Se~ces, ~Faciiities, and Social .Services-in the I (Institutional) Zoning District. Staff comments by Teresa Mancini. Action Recommended: Forward Recommendation to County Commission EXhibit #2: Staff Report and Site Location Maps Planni:ng,and Zoning Commission Agenda July 17, 1997 Page2 A,~ ENDA ITE. M.:3~ FILE NO,~ RZ-97.005 ST. PETE S E.V. LUTHERAN CH.URCH Petition .of St. Peter's E. IK. Lutheran. Church, for a Change in Zoning from the RM-9 (Residemial, Multiple'Family- 9 du/acre) Zoning ~District to the RF (Religious Facffity) Zoning; Dist~ct for the establishment of a Church. Staff Comments by Mike Picano. Action Recommended: Forward Recommendation to County Commission ~bit #3: Staff Report and Site ~cation Maps AGENDA: !~M 4.: F!LE NO..CU-97-.008 OPM.-USA, INC. Petition.or.OPM. USA, Ina, for.a Conditional Use Permit to Allow a Communications Tower in the AG-5 (Agricultural - 1 alu/5 acres) Zoning District. Staff-comments by Teresa Mancini. Action Recommended: Forward Recommendation to County Commission Exhibit #4: Staff Report and Site Location Maps A.,'.:.E~~A !~M 5, F~E.~NO. CU-97-009 ~RSlDE MARINA,~INC? Petition of.~rsMe:Marina, Inc.,. for a Conditional Use Permit to Allow ~Ship, Boat Build.g, - and Repa~ng up to 150 feet '~ the IL (Industrial, Light) Zoning District. Staff comments by Mike Picano. ACtion Recommended: Forward Recommendation to County Commission Exhibit #5: 'Staff :Report and Site Location Maps AGE~..A. !~M 6, .FILE NO. CU.97.004.PALM B~EZES. MORIL~ HOME PARK Petitioh of Palm Breezes Mobile Home Park, for a Change in Zoning from Palm Breezes Club - PUD (Planned Unit Development) Zoning District to Palm Breezes Mobile Home Park - PUD for the establishment of a 646-1ot Mobile Home Park. Staff comments-by Teresa Mancini. Action Recommended: Forward Recommendation to County Commission Exhibit #6: Staff Report and Site Location Maps Planning and Zo~g Commission Agenda July 17, 1997 Page 3 A.~ENDA I~M.7. HLE NO. RZ,97-006 STUART pROPERTY HOLDINGS, INC. Petition of Stuart Property Holdings, Inc. (Thomas G. Kenny, III, AgenO, for a Change in Zoning from PUD (Planned Unit Development), AR-1 (Agricultural - I alu/acre) and U (UtiliV)') Zoning to PUD (Flo~dian Revised)Zoning to provide for a Pre~mina~ and Final Planned Unit Development approval for a residential project known as the Flofidian. Staff comments, by Dennis Murphy. Action Recommended: Forward Recommendation to County Com~ssion Exhibit #7: 'Staff Report and Site Location Maps AGENDA '" 8· '~ '-' ' ~M-i, ~ .NO..RZ,,97-007 STUART .PROPERTY .HOLDINGS, INC. Petition of Stuart Property Holdings, Inc. (~omas G. Kenny, III, AgenO,. ~for a Change in Zoning from PUD (Planned Unit Development), PUD (Planned Unit Development - Harbor Links) and AR, i (Agricultural 1 alu/acre)to PNRD (Planned Non-reSidential Developmem -~Floridian) Zoning to pr.o~de for a Preliminary and Final Planned Non- residential Development approval for..the establishment of a private membership club .and .to provide for the approval of an alternate location of the previously approved and pemit'ted helistop facility-at ~e Flofidian PUD. Staff comments by De~s Murphy. · Action .Recommended: Forward Recommendation to County Commission E~bit #8: Staff Report and Site Location Maps .. AGENiDA, I "' ' ~ . .................. ., ~M 9. FILE NO. O. ~RD-97.009 ORDIN~CE 97.009 Consider Ordinance 97,009, 'for General Amendments to the St. Lucie County '-Land Development Code. Staff comments by Dennis Murphy. Action .Recommended: 'Forward Recommendation to County Commission Exhibit #9: Staff Report Planning and Zoning Commission Agenda July 17, 1997 page 4 A.GEND ,.I~M 10, FILE NO. ORD-97.023 ORDINANCE 97-023 Consider Ordinance 97-023, an Ordinance repealing Ordinance 97-022, establishing a moratorium on the .development of new Telecommunication Towers and an Ordinance amending the St. Lucie County Land Development Code. Staff comments by Dennis Murphy. Action Recommended: Forward Recommendation to County Commission Exhibit #10: Staff Report O~ER B S1NESS. ge Other business at COmmission Members' discretion. Ne~ regUlar Planning and Zoning Commission meeting will be held on August 21, 1997, in Room '101 of the St. Lucie COunty Administration Building. ADJOURN: NOTICE: ~1 'proceedings before the Planning and Zoning ~Commission/Local Planning Agenq¥ 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 ~th respect to any matter-considered at such meeting or hearing, he will need a .record of the proceed~gs, and that, for such purpose, he ~may need to ~sure that a verbatim record of the proceedings is made, w~ch record includes the testimony and ehdence upon which the appeal .is based. Upon ~the .requeSt of any party to the proceed~gs, indMduals testifying during a heating ~1 be sworn .in. Any party to the proceeding will be granted an opportunity to cross examine any indMdual testifying during a heating upon request. Any questions about this: agenda may be referred to the St. Lucie County Planning Division at 561/462.1586. ZON~G CO~SSION/LOCAL PLAN~G JUNE 26, 1997.~GUIAR MEETING ~ ,~.,~.. ~. BO~D MEMBERS P~SENT: David Ward, Jim MJnix, Ed Men'itt, Tom Whitley, Robert Klein, Doug COward BO~D ME~ERS ~SENT: Donna 'Calabrese, Diana Wesloski, Stefan Matthes (all excused). O~E:RS P~SENT: Heather Young, ~sistant County Attorney; Ray WaZny, Community Development 'Director; DaSd Kelly, Plan~g Manager; Hank Flores, Planner III; ~e · ]cano, Planner I, and, ~ren ZeisS, Administrative Secretary. PLEDGE OF ~LEG~CE: The Pledge of Allegiance was led by Chai~an Klein. APPROVAL OF .PLANNING ~ ZONING COMMISSION MEETING MINUTES - REGU~ MEETING oF MAY 15, 1997. Mr. Whifley .stated that on the last page it was noted that he had asked on action taken -regarding "F ' S . ' " : orr Pierce ~ peedway, when he had actually inquired about speedway zoning in general. There being :no 'other additions or corrections to the minutes of the May 15, 1997 meeting, Chairman ~ein asked fOr a motion to approve. Mr. Whifley made a motion for approval, and. it 'was seconded by Mr. Coward. Upon .:roll call, the ~motion to approve passed 4-0. With Mr. Merritt and Chairman Klein abstaining. Chairman ~e'in stated :that if~anyone was present for the'Trinity ~vangelical Presbyterian Church hea~ng, that the petition had been Withdrawn for tonight s meeting. Chai~mn :.~ ein. e~lained the Planning and Zoning ~Commission hearing procedure. An unidentified man who was concerned over the Wynne petition, asked when it would be appropriate to retain an attorney at this type of hearing. He indicated that he had not had time to retain an attorney. Chairman Kle~ deferred the question to .Heather Young, Assistant County Attorney, who stated that the hea~g was prc~Perly advertised and noticed. She stated that in light of that, unless :it was the BOard's decision to continue it, or open the Public Heating and continue it, anyone:who would like to retain an attorney has time to do so once this recommending body makes a decision and the petition goes before the Board of County Commissioners. Mr. Kelly stated that public hearings tonight would be heard by the Board of County Co~ssioners on July 15, 1997. The unidentified man stated .that he would like it in the record that this is being heard under protest.. Chairman Klein-stated that if he stated his name and address he could make a statement for the record. Mr. Bernard ROd of 10152 South Ocean Drive, Jensen Beach, apartment 216B stated that he would like the opportunity to obtain a lawyer in these proceedings, and anything that ensues thereafter. Chairman ~ein explained to the man that he would have his chance to express his opinions on the Wynne petition when the Public Hearing was opened. PUBLIC HEARING ROBERT SERKIN FILE NO. CU.97.005 Mr. Hank Flores presented staff comments. He stated that this was the application of Robert Serldn for a Conditional Use Permit to allow a Car Wash Facility in Commercial, Neighborhood Zoning for 1..035 acres of property located on the West side of '~e Turnpike Feeder Road, approximately 200 feet south of Winter Garden Parkway. Mr. Flores stated that the surrounding zoning was .CN (Commercial, Neighborhood) to the north, south, and east, and RM-5 (Residential, Multiple-Family- 5 alu/acre). He stated that properties adjacent to the north and south .of the subject site are vacant. He stated that there are residential uses located to the west and further to the east of the subject: site. He stated that ~Robert Serkin had. applied for the conditional use in ~order-to operate a car wash facility .in ~kewood Park. He stated that car wash facilities are allowed as conditional uses in this zoning district. ~. Flores stated' that the applicant was proposing 5 se~ce bays, 4 self-service and 1 automated. He stated that these bays are approximately 15 feet wide and 14 feet high and would' each .be enclosed on two sides. He stated .that the applicant has submitted a Site plan for the project, which addresses parking, landscaping, and buffering. He stated that Staff found that this petition met the standards of review as set forth in .the Land Development Code and was not in conflict with the Comprehensive Plan. Mr. Flores ~dicated that staff recommended that the Planning and Zoning Commission forward t~s petition with a .recommendation of approval. He stated that the requirements of SeCtion 7.10.22.- Car Wash Facilities apply to this project. He added that Section 7.10.22 references conditions for the limitation of the hours of operation and manned attendance. and th~tt no special conditions have been recOmmended by staff. , Mr. Minix clarified that the surrounding property was mostly vacant, except for behind the subject property, which was residential. Mr. Doug Coward asked what would prevent people from using Pandora Street to access this site; since the access from Pandora is for emergency use only. Mr. Flores :stated that there, isa fence that would-prevent access onto that road. Mr. Minix asked if it was a condition of approval. Mr. Kelly said the fence, was on the site plan, and the Board could make it a specific condition of approval if they so wished. Chakman ~ein .asked if the applicant would like ~to address the. Board. Mrs.-Christine SerMn, stated that she believed that they have addressed all the requests of the County. She stated that regarding to the fence., it would remain closed unless there was an aeci[dent or.other .emergency .that would justify, opening it. Chairman ~ein opened the Public Heating. Mr. Bill Fleming of: 14399 Polaflores Avenue of.Spanish 12kes Fa~ays said that he felt the car wash customers would stay in the area rather than going somewhere else to get thek cars washed. Hearing .no further arguments in,favor of or in opposition to the petition, Chairman Klein closed this portion of the Public Hearing. After considering the testimony presented during the public heating, including staff omme, nts, Mr.-Ward moved that the Planning and Zoning Commission recommend that the St. Lmfie County Board of Coun~ Commissioners grant approval to the application of Robert Serkin for a Conditional 'Use to Al:low a Self-Service Car Wash in-the CN (Commercial, Neighborhood) Zo~ng District. Mr. Ward stated that a condition of approval would be that the gate stay closed on Pandora Avenue except in times of emergency. Mr. ~itley-seconded the motion, and upon roll call the Commission voted 6-0, in favor of the motion. Chairman ~ein stated that this petition would be forwarded to the Board of County Commissioners with a recommendation of approval. PUBLIC H~NG CUSTOM COLORS PAINT & BODY, INC. DfB/A THE CUSTOM TRUCK SHOP (WILLIAM L. GORMAN, AGENT) Mr. Mike Picano presented staff comments. Mr. Picano stated 'that this was the application of Custom Colors Paint & Body, Inc. doing business aS The Custom Truck Shop 'for a Conditional Use Permit to Allow an Auto Body Facilit3~ in the CG (COmmercial, General) Zoning District. He stated that .the.location of the subject property was 8569 South U.S. Highway No. 1. He also. stated that the surrounding zoning was CG (Commercial, General) to the north and south, and RMH-5 (Residential, Mobile Home - 5 du/acre)to the west. Mr. P~'c~ano' stated' - ' · .that CUstom Colors Paint and Body, Inc., has applied for the requested conditional use in order to: operate an auto. body facility in the CG (Commercial, General) Zoning: District. He stated ~that this use Mll ,be added to the permitted uses of the Custom Truck Shop business. He stmed that this actMty is allowed as a conditional use in this zoning district. He stated that st:afl found that t~s petition, with one recommended condition, met the standards of renew as :set forth in the Land Development Code and was not in conflict with the Comprehensive Plan. He stated that staff recommends that the Board forward this petition t.o .the Board of County Commissioners with a recommendation of approval, subject to the following condition: The conditional use permit for the auto body facility shall expire 1 year~from, the date of approval by the :St. Lucie County Board of County Commissioners, unless a Certificate of Zoning Compliance for the proposed arno body facility is secured or an. extension is 'granted in accordance with Seciton !i.07.05(F) of the St. Lucie County Land Development Code by the end of' the one year period. Chairman Klein asked if the condition was already stating what was in the code. Mr. Kelly.stated that it was put in so .the applicant would :know that the deadline does exist. Mr. Coward asked if the operation would affect the environment in a negative way. neighboring residential area's Mr. Picano stated that it would be enclosed, and that the operation has the approval of OSHA and the EPA. Chairman Klein asked if the applicant was present. Mr. William L Gorman, President of Custom Colors Paint and Body stated that the primary business was retail truck parts and accessories sales, more than auto body repak and painting. Mr. Coward asked what buffers the property to the West. Mr. Gorman said there were trees, and that the closest dWelling was 600-700 feet away. Chairman Klein opened the Public Hearing. the cars needing repair 'weren't visible from US 1. Hearing no further 'arguments in favor of or in opposition to the petition, Chairman Klein closed this portion of the Public Hearing. Mr. Coward asked for the applicant to address Mr. Boquino's question. Mr. Gorman stated that there will be no :ears parked out front that need repairs, and that all work will be done 'inside. He stated that the only cars that would be parked outside would 'be new, and on display. After considering the testimony presented during the public hearing, including staff comments, 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 Custom Colors Paint & Body, Inc. d/b/a The. Custom Truck Shop for a Conditional Use Permit to ~ow an Auto Body Facility in the. CG (Commercial, General) Zoning District, subject to the condition recommended by staff.that any damaged vehicles 'be in an enclosed or fenced off area away from US 1. Mr' Coward seconded the motion, and upon roll call the Commission voted 6-0, in favor of the motion. Chairman ~ein stated that this petition would be forwarded to the Board of County Commissioners with a recommendation of approval. PUBLIC HEARING ~NE BUILDING CORPORATION FILE NO. CU.97.004 Chairman Klein stated that he was contacted by a 'person wanting to discuss this petition, and he; advised the individual that although the law would allow him to discuss the petition before ~the' hearing, he chose not to. He stated that he wanted to base his decision on the evidence presented at the hearing. Chairman Klein asked that Heather Young, ~'~sistant County Attorney, elaborate on the law. Ms. Young stated that these .types of heating are quasi-judidal, and if a Board member is contacted either by letter, discussion, or site ~sit before the.pUblic hearing, that contact is considered an ex-parte communication, and there is a presumption of prejudice that goes with that. She stated-that anyone receiving such ex-parte communication is obligated to disclose that before the conclusion of the hearing'of the matter. Mr. Merritt stated ~that he also received a call from one of the petitioners regarding this project, and he declined to discuss anything with him. Mr. Hank Flores rpresented staff comments. Mr. Flores :stated that this was the application of Wynne Building Corporation for a Conditional Use Permit to ~1oTM a 6-sto~), 102-Unit Hotel on property located on the East and West sides of South ~SR A-I.A, directly west and north of the Atlantis Condominium, Building "A" in the HIRD Zoning District on SoUth Hutchinson Island. He stated that the subject parcel was a total of 18.5 acres with 8.39 acres of buildable land Mr. Flores stated that' the sUrrounding zoning was HIRD (Hutchinson Island Residential District) Zoning to the north, south, and east and I (Institutional) Zoning to the west. He rated that the Miramar Condominiums, 'Sand Dollar Towers, and Oceana Condominiums are located directly to the north and the Atlantis Condominiums are located' directly' to the south. Mr. Flores stated: that the existing land use surrounding .the subject property is vacant to the north and south of the subject prOperty located on the west side of South A-I-A. He stated that Wynne Building Corporation has applied for the requested Conditional Use in order to build and operate a 6-story, 102-unit hotel in HIRD (Hutchinson Island Residential District) zoning. He stated that hotels are allowed as conditional uses in this zoning district, subject to the approval of the Board of County Commissioners. Mr. Flores stated that the hotel units ~11 be available year-round. He stated that the applicant has submitted a site plan for the project, which addresses parking, landscaping, and buffering. He stated that staff.found that this petition met the standards of review as set forth in the Land Development Code and is not in conflict with the Comprehensive Plan. Mr. Flores stated that staff recommended that this petitiOn be forwarded to the Board of County Commissioners ~th a recommendation of approval. He stated that no special conditions have been recommended. Mr. Coward asked ~for clarification on the fact that the .density would exceed the maximum land use. He asked if there were ~similar cases in the past that were approved. Mr. Kelly stated that there were no hotels on the island since the adoption of the last Comprehensive Plan or .the Land Development Code. He stated that there was no precedent-Setting case. He stated that ~at the ~bottom of the table in'Chapter 7 it clearly references that hotel/motels are :allowed-at 36 rooms per acre .on the mainland and for the .room density-on Hutchinson Island one should ~refer to poli~ 1.1.1.0.3 in the Comprehensive Plan tha~ allows 18 hotel rooms per acre. Mr. Coward referenced policy 11.10.03 in the Comprehensive Plan. He stated that 'it recognized in accordance ~th the regulations of the Hutchinson Island Residential District as described in the St. Lucie County Zoning Ordinance, which essentially is the Land Devel~pment Code, the m~mum transient density is 18 units per acre as ~letermined on land above mean ~high water. He stated that some of his questions pertain to language in HIRD zoning which refer to m~um residential densities and say in accordance with ma~mum land use. He stated that on the east side the ma~mum land use is 9 units per acre, 5 units'per acre on.the west side. He stated that there is some contradiction between the COmprehensive Plan and the Land Development Code in terms of what density would be allowed. Mr. Kelly stated that. he agreed with Mr. Coward, and that he wasn't sure the language in the Comprehensive Plan should reference the HIRD zoMng district. He stated that he was not present at the hearings in which the Comprehensive Plan was adopted. He stated that he spoke to Mr. Murphy, who was there. He referenced the note in table 7, the clear reference to the policy in the Comprehensive Plan and the .number of units in that policy, he said he could track that to get to 18 rooms /acre as the-alloWable number:on Hutchinson Island. He said that based on this reading and on discussions with Mr. Murphy who had knowledge on the intent of the Commission the time that the COmprehensive Plan was adopted he was comfortable with the determination allowing 18 rooms per acre. Chairxnan Klein asked if :Mr. Kelly was talking about Section 7, Residential Densities. Mr. Kelly stated that in the HIRD .Zoning District, which is in Chapter 3 at the end, it speal~; to M~mum Residential Densities on North and south Hutch~son Island. He stated that.the densities are established.by :the Comprehensive Plan for each of the Comprehensive Plan designations. He stated 'that further, there are allowable' percentages based on traffic level improvements. He stated that the H~D zoning district ties residential densities to the Comprehensive Plan. He stated that in Chapter 7 in the table that specifies districts, it separates residential units from hotel/motel or- transient units.(the term used in the Comprehensive Plan). He stated that the :footnote~to the table specifies 36 hotel/motel units per acre on the .m~land and for North-and South Huteh~Son ISland, refers to a policy in the Comprehensive Plan. He stated that the po~cyin the Comprehensive Plan begins with an introductory sentence which refers ,~ne. baci~ to. ~hapter 3 .which is HiRD' and ~hen goes on t° say 18 ~]nits per acre on the Island. Mr.: Ke,lly stated that..he felt that the .first sentence was unfortunate, but in his mind, he can track and understands the intent of the Commission through the p~or hearings. Chairman Klein asked that, based on Staffs interpretation, what is. the allowable .density on ~8.39 acres? :He asked if, under staff's interpretation, the proPOsed number of units of the hotel was within the allowable density Under the COmprehensive Plan or the Land Development Code. Mr. Kelly stated that it was. Chairman Klein 'asked Mr. Keily if there was a question regarding Mr. Cowards previous comments. Mr. Coward stated he personally felt that there was a contradiction between what is stated between the Comprehensive Plan and the Land Development. Code. He stated that if you refer to the Land Development Code, it specifically references conditional uses that are allowed in the HIRD Zoning D' ' ~stnct, and it States that in the uplands areas a hotel is allowed to be developed as set forth in SubSection 7. Subsection 7 talks about maximum residential densities and says that it's expressed as a percentage of m~um densities set forth in the Future Land Use designation. He stated that that was his point, that the land use designations are 9 units per acre on the east angel 5 units per acre on the west which would bring the density down on this property to' 58 units rather than 102. Mr. Coward stated that if you go to the reference of the Comprehensive 'Plan of 18 there is a totally different number, and that is the contradiction that he is uncomfortable with. Mr. Kelly stated that the question is asked if a hotel/motel unit to be treated the same way as a condominiuTM unit. He stated that the difference between the ~o units is that' the impact of a home and-a motel unit. are very different. He stated that a motel unit puts fewer: triPs on the road'than a typical home does. Chairman Klein stated,.that he ~shed to :clarify for the audience that Mr. Kelly's statement was based on the fact that traffic engineers have specified trips that were generated by hotel rooms' and those generated by a residence, and asked Mr. Kelly to confirm that traffic gener~tted is higher from a residence than that generated by a ho[el room. Mr. Kelly stated .that that is correct. He stated that the ITE Manual is used (hstitute of Traffic., Engineers), and is used across the country and specifies the number of trips that could be expected ~om any.type of development, and those numbers would be used to do the traffic stUdies. Ms. Young stated that t~s is the first that she's heard this discussion with regard to the Comprehensive Plan, and her recommendation would be to proceed ~th the petition at hand based~ on staffs interpretation. She stated that the language would need to be clarified, .but her recommendation would be to proceed. Mr. Coward stated, that regarding the same. section that deals with traffic, and asked ff it could be .explained'how commencement levels relate to the expansion of roadways 'in the area b.fore ~.t is permitted that the m~mum level of .density be built out. He stated that commencement levels are. broken down into levels of existing conditions Phases II, III, and IV. He stated that we haven't moved up to Commencement Level II which would allow development of the maximum density up to 45%. Mr. Coward asked that if We haven't reached Commencement Level Two, does that have any affect on how many dwelling units can be approved at this stage. Mr. Kelly stated .that it does have an affect. He stated that on both islands, when the HIRD Zoning: .District was first-developed, we .recognized that in Order to build out to the full land use densities, certain traffic improvements would have to 'be in place. He stated that the percentages vary by location. He stated that if one was to build under the existing conditions, one could build up to 9-15% of the Comp Plan designation. If one wanted to build further than that, one could pay an alternate development fee which is specified in the code, and that it was his understanding that it was being paid .for t~s project so .that the money will be set aside for traffic improvements. Mr. Coward asked if the Traffic Impact Report on this project .specifically addressed concun;ency issues regarding the causeway. Mr. Kelly stated that that question should be asked to the developer. 10 Mr. Mink asked for clarification on commencement.levels. Mr.. Kelly stated that the percentages were calculated when HIRD was developed. He stated that on North or South 'Hutchinson Island it was calculated at that time that the existing roadway system could handle 9% of the units. Mr. Mink asked for cladfication that a developer could overcome these numbers by paying a fee presUmably for road construction. Mr. Kelly stated that that is the case. Mr. Minix stated that at that: .time, Hutchinson Island, under the Comprehensive Plan, was considered an enh~ronmental.preserve, and that was why it was considered different and had its own zoning district. He stated that it. is different, bUt that.~doesn't mean that the owner of property has no' fights to develop. He stated that it should be heard what the developer wants to do. Mr. Coward asked if this approval was strictly for a hotel, or a bar that would bring ,in traffic. Mr. Flores stated that originally a restaurant was in the submittal, but was deleted. Mr. Coward asked if there was anything preventing the developer from restaurant/bar at a later date ff the issue was not addressed tonight. opening a Mr. Kelly stated that a restaurant is ~not an allowed use in HiRD zoning. He stated that it would be a rezoffing, or an amended conditional use, either of which would require a hearing. Chairman Klein ~asked if the applicant or their representative was present. Mr. Chuck Ray, attorney representing Wynne Building Corporation stated that they have brought several professionals,, such as Mr. Bob Waite of R.L. Waite Environmental Consultants, Butch Terpening of Culpepper and Terpening, and the President and Vice- president of.the company Mr. Joel Wynne and Mr. Harvey Newman, respectively, to answer questions. Mr. Ray stated that he and his associates felt that the hotel would be an asset. He felt that it would be attractive, a first class hotel, that the plans for the restaurant were deleted, but there would be a social area where continental breakfast would be served for the people that stayed 'there, and that it would be six stories. 11 He stated that the hotel .is in conformance with the requirements of the area. There would be adequate Parking, landscaping, etc. He stated that numerous documents have been provided to the board showing compliance. Among these being letters .from Flodda Power and Light, Fort Pierce Utilities Authority, Bell .SoUth Telephone Se~ce, St. Lucie County Utilities, Department of Transportation regarding driveway entrances .onto A-i-A, and other letters showing compliance, and a r. ~ !.~ ~ ,~ . raffle Capacity ~alySis .demonstrating sufficient capacity on A-1-A to accommodate a hotel. Mr. Ray introduced Mr. Joel Wynne. Chairman Klein .asked if those documents were in the file. Mr. Kelly stated that they were. Mr.. Wynne, .President of Wynne Corporation, located at 8000 S. US1 in Port St. Lucie stated that they are a family-owned business in St. Lucie County since 1970. He stated that they have developed several projects in St. Lucie County, such as being Spanish ~kes, and Fairways Count~ Club Village. He stated that they operate several water and wastewater treatment plants and country clubs. He stated that in 1987 .they built and still operate the Best Western all Suite hotel, which has 100 rooms on USI. He stated that they are also responsible for the S~er restaurant and the Riverside Bank located next to the hotel. Mr. Wynne stated that they have three subdMsions still in process. He stated that he explained all this-to show that he has a lOcal interest in this area, and that Wynne Building Corporation is a major employer and taxpayer in this county. He stated that ~in this area there was the need for another hotel on the ocean. He stated that 12 floors were permitted, but they thought 6 would be better for the site. He stated that it 'would be an indoor-coffidor hotel, with most of the rooms being suites. There would be an oceanside area where breakfast would be .served and a poolside area where lunch would be served. He stated that there would be no nightclub and no bar. Mr. Wynne stated that on the other side of A-1-A where there is 18 acres, would be located 34 parking spaces and a tennis court. He stated 'that hopefully a nature trail, for which they'have not yet obtained a permit. He stated that there are 8.4 buildable acres. He stated that the density would be 12.2 units per acre. He stated that hotels, under the Land Development Code are permitted 18 units. Mr. W~mne stated, regarding economic impact, that the hotel bed tax that this project would generate woUld be $110,000 per year. The property taxes are. $125,000 per year. He stated 12 that they would employ 34 .permanent people, and the construction spending would be 6 million dollars. He stated that the people that Occupy the hotel would be expected to. spend 2'8 ~million dollarS per year in local shops, golf courses, etc. He .stated that they 'have worked closely with County staff for five months, have had multiple meetings and have submitted several plans and documents. He stated that the national affiliation would be announced in SePtember, begin construction:in January, and have the project ready for the ~nter of 1998. He stated that at tonight's hearing they were not requesting a Change in Zoning or Land Use, and that hotels were a :permitted use in the HIRD (Hutchinson Island Residential District) Zoning District, subject to site plan and conditional use approval. He stated that the staff report confirms their confOrmance with all .requirements, and ~that they were not asMng for any exception to any code. Mr. Coward asked 'for clarification regarding the traffic on the Causeway and whether or not it was part of the traffic report. Mr. ButCh Terpening of Culpepper and Terpening stated that the study was held in accordance ~th the standards of review in the Land 'Development Code, in which the County just commissioned a.master plan stUdy for ~South Hutchinson Island. Mr. Terpening .stated that this study was done in accordance with that study. Mr. Coward asked why traffic studies on the Causeway were not part of Culpepper and Terpening's studies. Mr. Terpening stated that the reason it was not part of the study was because the County's consultant studied the impacts .on the Causeway and that topic was outside the review requirements of the project. Mr. Coward noted the Coastal Construction Control Line that is west of the proposed building. He stated that 'he noticed that the DEP (Department of Environmental Protection) did not sign off on the area east of the Coastal Construction Control Line. He asked if the. County staff thought it was acceptable to be building at this density east of the 'CCCL. Mr. Bob Waite, of Waite Environmental Consultants in 'Hobe Sound stated that the DEP has not been coordinated with that yet. Mr. Coward asked if the Land Development Code addresses the area east of the CCCL. 13 Mr. Kelly Stated that the .County has relied on permits from the DEP for.those issues in the past. He.stated that if this petition is approved, there is a whole level of building permitting that must occur prior to construction. Mr. Coward asked if hurricane evacuation has been studied regarding this project, and getting people off the~ island in the event of an emergency. Mr. Kelly stated that .that was not a requirement. Mr. Terpening stated that they have been in contact with the Fire Department and the Department ~of:EnvirOnmental Regulation, the Beaches and Shores Division. He stated that this project is consistent Mth the Shore Parallel coverage requirements, and stated that the department ~11-not take action ~until the :project is approved. He stated that final approval ~1 probably take place after this Board and the Board of County Commissioners take final action. Mr. Coward asked about the proposed 'nature trail, and if it will be integrated into the proposed eco-tou~sm plans that may take place on South Hutchinson Island. Mr. Wynne stated 'that they are proposing an extension' of the raised boardwalk that will .onnect A-1-Ato the paring unit, across A-1-A to the west. He stated that the integration would be ~considered. At this time, Chairman Klein opened the Public Portion of the heating. Mr. Les HargraVe, Executive Director of St. Lucie Chamber of Commerce stated that they invited ~. Herb pillar Who was in tOwn in April and is a noted eco-tourism, consultant. Mr. Hargrave stated 'that what Mr. Pillar noted was that there was a lack of quality hotels, motels,., and bed and breakfasts throughout the county. He stated that Mr. Pillar stated that C if the .;ounty wants to attract tourists the very first thing needed is accommodations. Mr. Hargrave .stated that the consultant stated that the hotels were needed mostly on Hutchinson Island, and urged the Board members to embrace this project. Chairman Klein asked if anyone ~was present to speak in opposition to the petition. Mr..Jim Ringo of 2801 Southeast Ginsus Street, who is also a resident of Atlantis Condominium, was speaking on behalf of other residents of Atlantis. He stated that he and others :felt that the hotel would compromise their safety, their property values, and the quiet enjoyment of their homes. He stated his concern over the potential traffic problems, noise problems, danger to seaturtle nesting groundS, and stated concern of a transient population in the area. H.e~ stated that many. have signed petitions in opposition to the hotel. 14 Mr. Ronald Mosca, :of the Atlantis III Condominium, unit 705 stated that he was President of their Homeomers' Association. He stated that he lived in Martin 'County. ~. Mosca stated that he .did not believe the information stated in the heating regarding traffic trips generated was correct, He stated that residency of homeowners on the island was only at 30 percent this time of the year, and if the hotel-operated at that level it~.could not stay Mr. Mosca stated that there was no plan :to accommodate the increased traffic load on the Causeway. He stated that this would set a negative precedent in an othe~se .upscale residential area. Mr. Thomas Reddington of :9900 South Ocean Drive, 'Unit 204 stated that he was representing the Presidems Council 'of Hutchinson Island, Incorporated. He stated 31 condomiffiums belonged to the~ association, He stated that they were opposed to the hotel on the Subject Proper~ s~ce it has residential property on bOth sides of it. Mr. Reddington stated that the Vistana Beach Club qualifies as a hotel, and that the Marriott is also a hotel located in the area, along with the Hutchinson Inn, and the Island Beach Resort. He .stated that the Holiday Inn was located close by also. Ms. Carrie ~eystated that in the 1980's the Commissioners rejected any more building on the ISland, in case of-an emergency caused by the nuclear power plant located there which would cause bumper .to bumper traffic. Mr. Matthew Rudd .of 216 Atlantis.B, Ocean Boulevard asked if any other variances would be required in .this. conditional use. Mr. Kelly stated that the plans, as submitted, did not require any other variances. Mr. Rudd asked if. the drawings were sealed by a licensed architect. Mr. Kelly stated that for a conditional use there is .no seal required. engineering drawings. That they are Mr. Rudd asked if the engineer sealed the drawings. Mr. Minix stated that the architect and engineer are fully identified on the drawings. He stated that the .architect is Apachi Architects in Fort Lauderdale and the engineer is Culpepper and Terpening, Inc. of Fort Pierce. 15 Mr. Rudd asked if it was noted on the drawing that there were no further variances requested on the drawings. Chairman ~ein stated that the Board ~11 rely on the County staff. Mr. Kelly stated that there was no request. Mr. Rudd Mshed to clarify ,that the County was using the plans to dete~e that no ~rther variances would be requested. Chairrnan Klein said yes. Mr. Rudd-was concerned .about densities. He stated that there seemed to be a discrepancy as to vihat the density could be, that ~the :~nd Development Code and the Comprehensive Plan :had to be ~read together. '.He stated that it could either be 58 or 102. Chaiman ~ein stated that he accepted the fact that there was a difference in opinion on the two densities. Mr. Rudd .stated that Mr. Kelly did say that the two documents could be read that the property coUld only be developed for 58 units. Mr. Rudd stated that the Board should, agree on the actual ~density before it should approve the conditional use or not. Chairman Klein stated .that he was .sure that the ~matter would be addressed and clarified by the time the .: petition reached the Board of County Commissioners. Mr. M~k stated that the language was difficult to understand even for a legally, trained person, such. as himself, and would be extremely hard for .others to decipher. He stated that Mr. K{~lly is even a little confused about it. Mr. Kelly stated that he was comfortable with the definition. Mr. M~inix stated that he understood Mr. Kelly in stating that he could see how Mr. Coward could have a different opinion of it. Mr. Minix stated that he felt it should be very clear what the densities should be on Hutchi:nson Island. Chairrnan Klein tried to clarify if Mr. Rudd asked if the engineers have reviewed the traffic materials and~found them to be inconsistent with the requirements of our code. 16 Mr. Rudd asked if there was any ~nd of compa~son made regarding traffic as to ~whether the property was being :used as a condominium or whether it was being used as a hotel. Mr. Kelly stated that there have only been a projected number of trips assuming that the property was being Used as a 102-unit hotel. Mr. Rudd asked if the staff ever asked the applicant to have thek consultants provide such a comparison. Mr. Kelly stated that staff did not. Mr. Rudd .-asked if there had been any studies .done regarding ~the Causeway ~th regard to this comparison. Mr. 'Coward ~asked staff why the Causeway studies were not a required part of the traffic impact report. Mr. Kelly stated that that was reviewed by ~other County staff and could not clarify that issue. Mr. Mink noted that since~the Causeway .is in Martin County, that may be the reason it was not studied. Mr. Kelly stated that that may be 'the case, but didn't believe it was. Mr. Coward noted that 'the Causeway is now at capacity and is a concern of Mart~ County MPO. Mr. R~add asked Mr. Kelly if'he felt .that the, hotel was the best use of the subject property. Mr. Kelly stated that 'it was not the Planner s job to determine the best use of a propertY, but to make sure that it ¢o~orms and meets the tec ~hnical requirements of the County. Mr. Rudd asked if the property were to be developed as a condo~um, if a conditional use wOuld be required. Mr. Kelly stated that it would not. Mr. Minix stated that 'an ~appraiser should be consulted regarding the best use of a property. He stated that Boards, such as the Planning and Zoning Board and the Board of County Commissioners decide what the best public use of a property ~ would be. He stated that that was why the Island had its own district. 17 Mr, Rudd made the point that usually a hotel is located next door to other amenities like the Sizzler restaurant, not residential communities. He stated that the Island .should be treated as an environmental preserve. He asked if staff looked at the preliminary DEP approvals. Mr. Kelly stated that they have not. Mr. Rudd asked if.tourists should really be attracted to a residential~area such as Hutchinson Island. He stated, that there seemed to be :a' number of issues that.should be further reviewed before an opinion is formed and sent to the Board of County Commissioners. Chairman ~ein 'asked Mr. Rudd if he felt that a .condominium would be the best 'use of the property. Mr..Rudd said he Wasin .opposition .to the petition, that ~he would like to.see it stay as it is, but that.he is just in opposition to the application. Mr. Hugo Pugliese, of the Seawinds Condominium, unit 107 asked regarding parcels that were across A-1-A .from each other. He asked how a density was determined. Mr. Kelly stated that there was Precedent with other cases, that the parcels are contiguous at a point (pointed out on.map). He stated that they did not consider the road fight-of-way, as separating the parcels. Mr. Pugliese asked for a reference as to where this was type of contiguous p~cel was allowed. Chakman ~ein read the :definition-,of a parcel of land which stated that if a parcel of land is dMded by a right-of-way .or, zoning boundary it may. be considered to be one parcel by the owner. Chairman Klein 'asked Mr. Kelly if the same determination had been reached in similar cases. Mr. Kelly stated that it had. Chairman Klein stated that the 'definition was in Section 2 of the Land Development Code. Mr. Pugliese stated that the precedent was not from anything recent. 18 Mr'. Roy Carlson of Seawinds Condominium located at 10044 South Ocean Drive, Jensen Beach stated that he opposes the application due to the negative affect on the residential atmosphere. He.stated that the painted crosswalk across A-1-A would not.save lives, and a stop sign would back up traffic. He also stated that he felt that the property values, would drop, that'Hutchinson Island was special and should not be treated as the rest of the County. Dr. Norm Alinger of the Islander Club, apartment 1009 North Jensen Beach stated that there would be pedest~an traffic across A-'I-A from the proposed par.~ng lot on the west O ° .side that :would require a.stp s~gn or hght. He also stated that he thought a moratorium was in effect, and was not aware l that it had been lifted. He stated that dur~g the summer the traffic counts are noticeably lower, than during the winter such as in hurricane season and that is where the danger r~sides. Mr. ~inger stated that.the bridges are sometimes closed at the same time. He stated that there are vacancies at the hotels during the season currently located on the island, and that He stated that a moratorium is in order. He stated that no one mentioned the amount of taxes that the residents pay, but the amount of taxes that the hotel would pay was mentioned. He stated concern over.the sewer plant, and if the hotel would be using the sewer plant ~that the residents paid for. He stated concern over whether or not the planners coordinate information with Martin County planners. Mr. ~e Gimma of. Seawinds Condominium-located at 10044 .South Ocean Drive stated that he was concerned .about the proposed boardwalk on the west side and whether it would be open to the public. Mr. Coward stated that he was in favor of the proposed boardwa~, that it would be important to eeo-tourism interests. Mr. Gimma expressed concern that more 'hotels would follow if this application was approved. , Mr. Don Villanave, president of Seawinds Condominium, and a director of the Presidents Council of Hutchinson Island brought a petition of 501 residents opposed to the petition. He stated that the area would be negatively affected in the areas of safety, traffic, the environment, Utilities, and property values. He asked if the retention area on the west side of A-1-A was necessary. 19 Mr. Kelly stated that it, or.one like it was. Mr, Villanave asked if-one .was needed on the east side of A-I-A, or if the hotel would-use the S{mwinds retention pond. Mr. Kelly stated that engineering would be done to move water across the road, and that the Seawinds retention pond would not be used. Mr. Kelly stated 'that according to the site plan, the drainage would go to the drainage pond on the.' west side of A-1-A. ~Mr. V~lanave stated that the' hotel, occupants would travel elsewhere since there would be no restaurant facilities at the hotel. Mr. Edward MeVeigh of :9550 South Ocean Drive stated that there are rusted steel beams there, and-was asked how many units were proposed before. He asked how many units would be allowed in a 12 Story building. Mr. Kelly stated that it would be between 50-60. Mr. McVeigh stated that it has gone ~om 50-60 units to 102. He also .wanted to know where the EDU's (Equivalent Dwelling:Units) came from for that hotel on the utility district. He asked what~ the proposed traffic improvements would be. Chairman. ~ein stated that Mr, Kelly indicated that the developer would be paying the addtional fees that would go to road improvements. Mr. MeVeigh stated that according to FDOT there would be no further improvements in the next five years. Mr. Minix indicated that the money would go into the fund, and the MPO would distinguish what improvements would be-made. Mr. Kelly stated that he had a letter from Bud Boudreaux regarding the water use. Mr. McVeigh was concerned about the sewer system. Chairman Klein asked Mr. McVeigh if he was concerned as to whether or not the sewer system could handle the stress of the proposed hotel. Mr. McVeigh stated that that was.not his question, that he was asking where .the 102 units came from. 20 Mr. Kelly stated that in going through the file he found a letter that indicates 25 EDU's rescued for the parcel, and would need a little more time-to research. He stated that without confirmation of the EDU's no building permit would be issued. Mr. McVeigh stated that he wanted confirmation where the EDU's came from. Chai~nan Klein stated .that ~, McVeigh would have..to direct his question to the Building Department, that ~staff has indicated that the letter was valid which .confirms the number of EDU'~ thus far, Mr. McVeigh stated that the Board should not role until this number is confirmed. Ms. Young stated that from there was a :statement from staff that 'confirmed that sufficient se~ce will be available-~om the Utilities Department. -She said that statement from staff would be enough fOr tonight's hea~g. d· · · Ms. Young then read the efimtmn of a conditional use to clarify the direction of the hearing. She stated thru it was for a use compatible with the use characteristics of a zoning district: that requires indMdual review of its location, design, potential affect on nearby properties :and configuration and accordance with .Section 11.07.00 to determ~e the appropriateness of the use on any particular site in the district. Ms. Lueille Feliz of~Seawinds Condominium stated the developer should have looked for a larger iparCel fOr the subject property. ~. Bob Thompson of the Atlantis Condominium, 10152 South Ocean Drive stated that Atlantis Owns the two properties next to the. subject property, and any water runoff would affect property owned by Atlantis. Mr. Rudd requested that the matter be adjourned. Mr. Chafl~es Grandy of the Miramar Loreal stated that Ms. Young stated that the impact on the surrounding properties had to be considered. He stated that everyone from the surrounding properties speaking tonight stated that the proposed hotel would have a negative impact. Hearing no further arguments in favor of, or in opposition to the petition, Chairman Klein closed 'the PUblic Portion of the hearing. Mr. Ray stated that hotels do not detract from property values. He stated that he felt that this hotel would be a beautiful addition to the beach. Mr. Ray stated that the owners bought the property based on the representation that they had 18 units per acre. He stated that if there is any ambiguity on the issue on the number 21 of units, allowed it should be 'clarified :at another time. He stated that .regarding 'the timing, that the property was purehased:in January, and it takes time to put a project together. .Mr. Terpening stated that he would like to.comment on Mr. Coward: 's traffic' comment. He stated that the reason the. ~Level of Service standard was considered was because it was C ~ consistent ~th the ~nd Development . ode s. He stated that the County commissioned a report and they wanted to study all elements of development the island from a traffic standpoint. Mr. Terpening stated .that all of the Martin and St. Lucie County studies were done by the consultants' that were com~ssioned, and the County adopted this report. He stated that this was done to establish the ma~mum dwelling units and equivalent dwelling units that could be built .out on the island. He stated that that report also identified improvements and levels ,of se~ce that the county adopted as a level of service. He stated that that .report was then used to be the basis for the .assessment methodology for the water and wastewater programs on the ISland including in-depth South Hutchinson Island wastewater improvements. He stated that evew~parcel'was assessed and levied taxes to build that sewer plant based on the number of trips. He stated that his .firm was charged with looking at the levels of service on A-1-A. 'The causeways and other elements of that report, he stated, were identified at that point. He stated that .it was beyond 'the area that they were~ required to study and that was why it was not included in the report. He stated that the County's consultant looked at the development densities on the island and the buildout and determined what acceptable level of sea.ce was to be maintained. Mr. Coward asked about the 'higher density exceeding the land use designation in the Comprehensive Plan, and if it was taken into account on the traffic study. Mr. Terpening stated he would talk about that later, but with regard to the sewer, he stated that staff had copies of letters ~om the St. Lucie County Utility ,Se~ces Department acknovdedging the reservations and actual payment of ~he EDU s necessary for this development. He stated that there were 68 Equivalent Residential Dwelling Units. Mr. Terpening stated that a hotel unit does not utilize the water and sewer consumption that a residential dwelling unit does. He stated that the units-were bought that were required by the County's Code. Chairman Klein stated for the record that the County Utility department advised the e ' a ngme{~rs and required the purchase of 68 EDU's to provide wastewater service to a 102- unit hotel. Mr. Terpening stated that that was 'correct, and that was broken into two ID parcels one for the east and one for the west. 22 He sated that the adopted level of .service standard as defined under Section 11 of the St. Lucie County Land Development Code for South A-1-A is 24,800 trips per day. He said that the project trips if :the hotel was at i00 percent occupancy would generate approximately 2 .percent of the 'allowable capacity of that roadway or about 557 trips per day. He stated that they .also. analyzed ~th the total project assignments both now and with this development. He stated that the figures were done in season. He stated that there were 11,000 trips allowable for further developments, presently at 45 percent of allowable capacity of that roadway~ according to the County's codes. Mr. T~rpemng .asked Mr. Kelly if this project is was a commercial project ~ the staff's viewpoint. Mr. Kelly stated that it was a commercial project. Mr. Terpening .stated that non-residential development activities are not subject to the alternate development fees. He stated that they are subject however, to the traffic impact fees that are paid .at the time of the permit being issuec/. Mr. K ,lly stated that he would check, that impact fees should be included in the alternate development fee. He stated that staff would check that. Chairman Klein stated that with regard to road improvements that those road improvements are a condition of approval. Mr. Coward asked about the 45 percent of capacity on A-1-A. Mr. Te:rpening stated that that was for existing and approved developments. Mr. COward asked if that was with :regard to existing conditions or with another bridge and other future roadway improvements. Mr. Terpening stated that it referred to existing conditions. Mr. Coward asked what the level of service was on the causeway, and stated that he had a problem approving or disapproving this topic without that information. Mr. Terpening stated that his firm looked at the area of impact, as per the Land Development Code, and within the area of impact including all background trips both existing: and proposed is a level of service B. Mr. Co'ward asked if that included the Causeway. 23 Mr. Terpening stated that the level of service of A-1-A was studied. Chairman Klein asked that if the Causeway was considered a problem by the traffic consultants, .would it be considered to be a constrained facility, such that that would be a major part of what. anyone did regarding traffic on the island. Mr. Terpening stated that if it was considered a constrained facility, then it would have lowered the .levels of service all the way back up. Chairman ~ein asked if it was fair to say that by not identifying it as such, that they did not consider it to be a problem, and that is why A-I-A was being considered as a level of service B. .. Mr. Terpening stated that that was standard methodology. Chairman Klein stated that even .if the road was at a level of service C or D, it would still allow development but limit the level of new trips. Mr. Merritt stated that there were other ways off the island besides the Jensen Beach Causeway, He suggested the South Bridge in Fort Pierce. Mr..Wynne stated that they have not asked for any special cOnsiderations regarding this project. Mr. Waite stated that before a project can be permitted, it has to meet certain setbacks and environmental issues such as seaturtle nesting. Mr. Minix stated that the Island is a unique area, with barrier islands. He stated that in the Comprehensive Plan in objective 1.1.10 it states that the County will continue to protect the uniq{ie coastal reSourCes (~f the coUnty balancing the need t(~ provide reasonable private property use while assuring a full range of public beach access and facilities for the residents of the COunty. He stated that, per the Comprehensive Plan, Hutchinson Island constitutes a unique and valuable public resource that plays a vital role in defining the County's economic and geographical character. He stated that the HIRD district should facilitate the growth and development of the.barrier islands while conserving the natural and human values the island represents. He stated that it further read that growth and development should be clustered away from environmentally-sensitive lands, and should be limited to the more. tolerant upland portions of Hutchinson Island. He stated that HIRD should implement and be consistent with the St. LuCie County Comprehensive Plan. Mr. Minix restated the definition of conditional use. He stated that the applicant would have had-the 'right to develop that property with a permitted use without their approval. He 24 stated that as a~ conditional use requires the .Board to look at the individual factors with regard to the application. He stated that since the project is located on the Island, it is a special case. He stated that since there is reasonable objection to the project that his decision is that this application should be denied. After considering the testimony presented during the public heating, including staff comments, Mr. Merritt moved, that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of the W.ynne Building Corporation for a conditional use permit to allow a 102-unit hotel in HIRD zoning with the condition that a nature trail is added. Mr. Whitley seconded the motion. Mr. Coward stated that ~the .Board should have traffic information regarding the causeway and other levels, of service of roads impacted by these applications. Chairman Klein stated that the Board must make their recommendation based on the information prodded by staff, and that the density is allowed and that he has confidence in staff. He stated that there has been no evidence brought to light in the hearing that states that the causeway is anything less .than adequate for service. He stated that the information, that the traffic e ' ~nguneers have is different from the individual's perception from the traffic situation. Mr. Cc)ward stated that regarding the issue of traffic there was no one present from the County to address that issue. Chairman ~ein said that. it could be a recommendation subject to the clarification of the traffic issue. Mr. Whitley wanted to suggest an amendment to the motion to say that subject to a definitive answer on-the density question and the traffic question that the County Commission ~get a definitive answer. Mr. Mink-asked what would happen if they approved the petition, only to receive negative answers regarding those questions. Mr. Whitley asked if at that point the County Commission would 'defer the petition back to Planning and Zoning Commission. Mr. Minix stated that at that time the CoUnty Commission would-make their own judgment. 25 Mr. Minix suggested that the .motion be contingent upon the fact that the responses be favorable. Mr. Merritt felt that .the questions .have been answered by staff and any further questions shoUld be put to the County Commission. He .stated that the motion should stand as is. Mr. Whitley asked Ms.. Young for the status of the motion and second. Ms. Young 'stated that if Mr. Whitley wished to amend the motion then he should withdraw his second and if no second was obtained, then he or someone else could make a new motion. Mr. Whitley stated that his second and the original motion would stand, Upon roll call the motion was approved 4-2 with three members absent- 26 OTHER BUSINESS Mr. Coward stated that it would be wise of staff to draft a tower ordinance that would protect residential areas. Chairman Klein stated that such an ordinance is in progress. There being no further business the meeting adjourned 10:20. 27 P~NING AND ZONING COMMISSION REVIEW: 06/26/97 File Number CU-97-006 MEMORANDUM DEPAR~NT OF COMMUNITY DEVELOPMENT TO: FROM: DATE:: Planning and Zoning Commission Planning Manager June 19, 1997 SUBJECT: Application of Trinity Evangelical Presbyterian Church, ~c. (Robert Garment, Agent) for a Conditional Use Permit to Allow Educational Se~ces and Facilities in the I (Institutional) Zoning District. LOCATION: 5150 Oleander Avenue. East side of Oleander Avenue, approximately 850 feet south of Midway Road. ZONING DESIGNATION: I (institutional) LAND USE DESIGNATION: P/F (Public Facilities) PARCEL SIZE: 7.836 acres PROPOSED USE: Educational Services and Facilities SURROUNDING ZONING: I '(Institutional) to the south and west, CO (Commercial t~ffice) to the north, CN (Commercial Neighborhood) to e northwest, RS'3 (Residential, Single-Family-3du/acre) to the. east, and AR-1 (Agriculture, Residential'ldu/acre) to the northeast. SURROUNDING LAND USES: FIRE~;MS PROTECTION: The subject property is 'bounded on the south by New Hope Baptist Church, on the north by The Farmhouse, an antiqUe store, and on the east b} residential uses] White City Elementary is located across Oleander Avenue to the west. The surrounding Land Use designations are RU (Residential Urban) and P/F (Public Facilities). Station # 6 approximately property. (35O 1.5 EaSt Midway Road) ~s .'ocated miles to the east of the subject June 19, 1997 Page 2 Petition: Trinity Evangelical Church, Inc. File No.: CU-97-006 UTILI'IT~ SERVICE: TRANSPORTATION IMPACTS RIGHT-OF'WAY ADEQUACY: SCHEDULED IMPROVEMENTS: TYPE OF CONCURRENCY DOCUMENT REQUIRED: Water service is currently provided by Fort Pierce Utilities. Sewage disposal is provided by an on-site septic system, The existing fight-of-way width for Oleander Avenue is 66 feet in width. None at this time. Certificate of Capacity. STAND~S 7OF 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 consider and make the following determinations: ® Whether the proposed conditional use is in conffict with any applicable portions of the St. Lucie County Land Development Code; The proposed conditional use, the operation of a weekday educational service and facility, is not in conflict with any applicable portions of the St. Lucie County Land Development Code. Section 3.01.03(W)(7), St. Lucie County Land Development Code allows educational services and facilities as conditional uses in the Institutional Zoning District. Whether and the extent to which the proposed conditional use would have an adverse impact on nearby properties; The property consists of a 5,000 square foot multi-purpose building and a 6,600 square foot educational building that is currently being utilized as a private Christian educational classroom on the weekends. The property is located adjacent to another church and immediately across the street from a public elementary school. The proposed schOol will generate traffic during off-peak 'hours as does White City Elementary School located immediately. across Oleander Avenue. The applicant has indicated. that a ma~mum of 80 ' students would be present for weekday school activities. At this level, which is similar to the intensitg of the weekend use, the conditional use is not expected to adversely i~pact the surrounding properties. Traffic for an June 19, 1997 Page 3 Petition: Trinity Evangelical Church,. Inc. File No.: CU-97-006 :additional 80 students will.not exceed allowable traffic levels on Midway Road. 1 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, drainage structures, parks, and mass transit; This conditional will 'not create significant additional demands-on public facilities in this area. Facilities are adequate to serve the new use. 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 will not create adverse impacts on the natural environment. This is an existing property, no change in environmental conditions will be made. COMMENTS Trinity Evangelical Presbyterian Church, Inc. is .requesting this conditional use permit in order to operate educatiOnal services and facilities in the Institutional .Zoning District. Educational ser~ces and'facilities are allowed as conditional uses in the Institutional Zoning District. The proposed school will be located within the education building that was es]gm, d for such'use and Identified on the approved site plan of January 28, :1992. The proposed use of the building :for weekday school actMties will not exceed.80 students. The school currently has approximately this.many students on site on the weekends. Staff finds that this petition meets the standards of review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code and-is not in conflict with the goals, objectives, and potties of the St. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board .of County Commissioners with a recommendation of approval, subject to the following condition: The student population for weekday school activities shall not exceed 80 students. Please contact this office if you have any questions on this matter.' Attachment tm zounty Adm]mstrator County Attorney Robert Garment File Suggested ~motion to recommend approval/denial of this requested conditional use. MOTION TO APPROVE.: .AFTEF:I C.ONS/DERI.NG THE TESTIMONY PRESENTED DURING THE PUBLIC HF_~RING, INCLUDING STAFF ' COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11,07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE! THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF TRINITY EVANGELICAL. PRESBYTERIAN CHURCH, .INC. (ROBERT GARIVIENT, AGENT) FOR A CONDITIONAL USE PERMIT TO ALLOW EDUCATIONAL SERVICES AND FACILITIES .IN ! (INSTITUTIONAL) ZONING 'DISTRICT, iBECAUSE ... [LIST CONDITION(S)] MOTION TO .DENY: 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, ! HEREBY MOVE THAT'THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUN~ BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF TRINI'ir7 EVANGELICAL PRESBYTEFIIAN CHURCH, INC. (ROBERT GARMENT, AGENT) FOR A CONDITIONAL USE PERMIT TO ALLOW EDUCATIONAL SERVICES AND FACILITIES IN I-(INSTITUTIONAL):ZONING DISTRICT, BECAUSE ... [CITE REASON(S) WHY- PLEASE BE SPECIFIC] OKEECHOBEE COUNTY T 37 S T 36 S T 35 S T 34 S j/ SNEED HEADER O ~ © O 0 ce- 0 0 Tri n ity Evangel ical PresbYterian Church Zoning_/ON Midway Road CO Ist Street AG CO -CN: 1 C [nders ~,.~.. ,, ' I'~OOd KOOd ' /! · Buckeye I~'ive / Ir,l--I-,- 1--I-.: ~~$-3 CU 97-0.06 Anita Street Brack Rood -' - - ~ ..... ' , ] '~' i 5@ Community Development Geographic Information Systems Map revised May 30, 1997 This map has been compiled fo~ general pl~ and reference While every effort has been made to provide the most current and accurate information possible, it is no{ interKSed for use .as a legally binding document. Trinity Evangelical Presbyteri:an Church Land . Use P,,F Midwoy Rood -1st Street OU~i'LO'i]' ~ ~. r iooa t~ooa , ' "-'-!'-: ~U~'L~ ~' 7 I Buckeye Drive CU 97 OO6 Community Development Geographic Information Systems Map revised May 30, 1997 This map has been compiled for general planning end reference purposes only. While eveq/effort has .been made to provide the mostcurmnt and accurate Information possible, it is noti~ for use as a legal~ binding document. AGENDA PLANN. VVG &.ZONING COMMISSION THURSDAY, JUNE 26, 1997 7:00 P.M. 'Trinity Evangelical Presbyterian Church has petitioned St. Lucie County for a Conditional Use Perrnit~to ~411oW Educational Services and Facilities in I (Institutional) Zoning for the following deSCribed property: SEE ,4 TTA CHED LEGAL DESCRIPTION (Location: 5150 Oleander Avenue, Fort Pierce, FL, west side of Oleander Avenue, approximately 850 feet SOuth of Midway Road) 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 heating, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, .which record includes .the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying during a hearing upon request. Written comments received in advance of the public heating will also be considered. Pn'or to this public hearing, notice of the same was sent to all adjacentproperty owners June 13, 1997. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on June 16, 1997. File No. CU-97-006 I ST^TI,; ()1:1:I ,t ~1~ 1 I)A C()UNTY (~1: WI'. I,UCIE Before the undersigned autho'rity 'personally a Maureen SaltZer Gawe., or Kathleen .K. LeClair, who on oath says that he/she is publisher, business manager of The Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of the advertisement, being a ........ PUBLIC HE~ING AGENDA FOR MEETING ON .IIINE 26, .... 1.99-7 in the matter of _FOUR REQUESTS TO BE HEARD BEFORE THE PLANNING AND ZONING COMMI.SS!ONERS was published in said newspaper in the issues of , ........... Jl~no_ 16 19.97 ....... Affiant fUrth~;'-s-ays th~'t The Tribune is a newspaper p 'ubli'shed at Fort Pierce, in said St. Lucie County, Florida, and that the said newspaper has heretofore been continuous- ly · published in St. Lucie County, Florida, each day and has been entered as second class mail matter, at the post office in Fort Pierce, in said St. Lucie County, Florida, for a peri- od of.one year next preceding the 'first publication of the attached copy of advertise- men/and affiant further says that he has neither paid nor promised any person, firm or 9~rgm'ation.~any_discount, rebate, commission or refund for the purpose of securing thi~ a~vertis~menf for publication inthe said newsy.eh S4o~n t0 ~/Su~cri~ed .~re m~. ~e ~_ '~ 9.97 .................. . . . ' ' ~ ~' ~ -. ~ - // ..... '% ._ ... -:. - ,. ., ,~./ .... ]l:_.-c ., ..... :Akin.. .... :,. , ........ ' ...... : , ',. ?' ".. Notary Public THE iBUNE ppeare No. 08687 ST. LUCIE COUNTY PLANNING AND ZONING COMMISSIONERS PUBUC HEARING AGENDA JUNE 26, 1997 ' TO WHO.M IT MAY CONCERN: NOTICE is hereby given in accordance wllh SectiOn 11.00.03 of lhe SI. Lucte County Land Development Code and In accordance wllh the provisions of lhe SI. I Iucie County Comprehensive Plan. that lhe following appllcanls ~ have requesl(~d that the SI. Lucle County Planning and Zoning (~omml~slon iconsider their requests os follows: 1. Wynne Building i Corporcition has petitioned t St. Lucle County for o t Conditional Use Permil to Ollow a 102 Unit Hotel in HIRD (Hulchinson Island Residential Districl) Zoning for lhe following described !property: iTHE NORTH 1/2 OF GOVERNMENT LOT $, i SECTION 2, TOWNSHIP 37 SOUTH, RANGE 4i EAST, ST. LUCIE COUNTY, FLORIDA, LYING EAST OF STATE ROAD IA-l-A, LESS THE NORTH 462.82 FEET AND HAVING A MEASUREMENT OF 250.68 FEET, ALONG THE EAST ~ RIGHT-OF-WAY LINE OF I SAID ROAD, SAID LANDS LYING AND BEING IN ST. LUClE COUNTY, FLORIDA. AND; THE NORTH 400 FEET OF PARCEL G, .F.E. ENGLER'S PLAT OF SURVEY AS RECORDED IN PLAT BOOK 7, PAGE 13, PUBLIC RECORDS OF ST. LUCiE COUNTY, FLORIDA. (Location: East and west sides of South SR A-l-A, directly west and north of the Atlantis condominium, Building "A"). 2. Robert Serkln, has petitioned St. Lucie County for a Conditional Use Permil to allow a Self-Service Car Wash in CN (Commercial, Neighborhood] Zoning for the following described properly: LOT 18 AND 19 BLOCK 168 LAKEWOOD PARK UNIT 12A. (Location: West side of the Turnpike Feeder Road, approximately 200 feet i south of Winter Garden !Parkway] f 3. Trinity Evangelical Presbyterian Church,. Inc., has petitioned St. Lucle County for a Conditional use Permil to allow Educational Services and Facilities tn I (Institutional) Zoning for the following described properly: COMMENCE AT THE CENTERLINE OF OLEANDER' AVENUE, AS RECORDED IN PLAT BOOK 1, AT PAGE 21, OF THE puBlIC RECORDS OF ST.-.LUCIE COUNTY, FLORIDA WITH THE OF THE OF 2ND STREET,. ~DED IN PLAT ~' PAGE 200, OF BLIC RECORDS OF U~CIE COUN.TY, THENCE RUN TO THE POIN' THENCE , 1060 FEET; SOUTH, 33~ E i RUN THENCE i; FEET TO OL1 ENUE; -ALL LYi BEING IN S:E~ 3 AND 4, IP 36 SOUTH, EAST, ST. LUCIE CO LORIDA. (Location: 5150 Oleander Avenue, Ft. Pierce, FL, west side of Oleander Avenue, approximately 850 feet sc~uth of Midway Road:) 4.' Custom ~Colors Paint & Body, Inc. d/b/a The Custom Truck Shop, has petitioned St. Lucie County for a Conditional Use Permit to allow an Aulo Body Factltly In CG (Commercial, General) Zoning for the following described properly: ST. LUCIE GARDENS SECTION 26 'TOWNSHIP 36 RANGE 40 BLOCK 3 LOTS 4, 5, 12 & 13 LYING SOUTH AND WEST OF US I MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM SOUTHWEST CORNER LOT 4 RUN NORTH 89 DEGREES 41 MINUTES 25 sECONDS WEST ALONG sOUTH LINE OF LOT 5 14.06 FEET, THENCE NORTH 27 DEGREES 31 MINUTES 37 SECONDS WEST 68.14 FEET TO POINT OF BEGINNING, THENCE NORTH [ 63 DEGREES :EAST 300.02 FEET TO THE WESTERLY J' RIGHT-OF-WAY OF US 1, THENCE SOUTH 27 DEGREES 31 MINUTES 37 SECONDS EAST ALONG SAID RIGHT OF WAY 120 FEET, THENCE SOUTH 63 DEGREES WEST 300.02 FEET, THENCE NORTH · 27 DEGREES 31 MINUTES 37 SECONDS WEST 120 FEET TO POINT OF BEGINNING (0.83 ac) (or 483..2405) Location: 8569 South Highway -:No. 1, Port SI. LUcle, FL) PUBLIC HEARINGS ~will be held in Room 101. St. Lucle County Administration Building, 2300 Virginia Avenue. Fort Pierce. FL on June 26. 1997. beginning al. 7:00 P.M. or as soon therealter as possible. PURSUANT TO Sectio.n 286.0105. Florida Statutes. If a person decides 1o appeal any decision made by a board, agency, or commission with respect to any malter considered al a meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he will need a record of the proceedings., and that. 'for such purpose, he may need to ensure that a verbatim recard of the proceedings ts made. which record Includes the testimony and evidence upon which fhe appeal is to be based. PLANNING AND ZONING COMMISSION ST. LUCIE COUNTY. FLORIDA /s/ROBERT KLEIN, CHAIRMAN Publish: June 16. 1997 ST. LUCIE COUNTY PLANNlN~ AND ZONING COMMISSION PUBLIC HEARING AGENDA JUNE 26, t997 TO WHOM iT MAY CONCERN: NOTICE is hereby .given in accordance with Sedion 11.00.-03 of the St. ·Lucie County Land Development Code and in accordance with the provi- ' signs of the St. Lucia County. Comprehensive Plan, that the following ! applicant has requested that the St. Lucie County Planning and Zoning · Commission consider their requests as follows: 1. Wynne Building Corporation, has petitioned St. Lucia County for a ConditionaJ Use Permit to allow a 102 Unit Hotel in HtRD (Hutchinson Island Residential Distrid) Zoning for the following described property: THE NORTH 1,/2 OF GOVERNMENT LOT 5, SECTION.2, TOWNSHIP 37 SOUTH, RANGE 41 EAST, ST. LUCIE COUNTY, FLORIDA, LYING EAST OF STATE ROAD A-l-A, LESS THE NORTH 462.82 FEET AND HAVING A MEASUREMENT. OF 250,68 FEET, ALONG THE EAST RIGHT-OF-WAY LINE OF SAID ROAD, SAID LANDS LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA. AND; THE NORTH 400 FEET OF PARCEL G, F.E.' ENGLER'S PLAT OF SUR- VEY, AS RECORDED IN PLAT' BOOK 7, PAGE 13, PUBLIC RECORDS OF ST. LUCtL: COUNTY, FLORIDA. (Location: East and west sides of South SR A-l-A, diredly west and north of the Atlantis condominium, Building "A") 2. Robert Serkin, as petitioned St. Lucia County fo[' a Conditional Use Permit to allow a Self-Service Car Wash 'in CN (Commercial, Neighbor- hood) .Zoning for the following described property: LOT 18 AND t 9 BLOCK 168 LAKEWOOD PARK UNIT 12A (Location: West side of the Turnpike Feeder Road, approximately ~200 feet south of Winter Garden Parkway) 3. Trinity Evangelical Presbyterian Church, Inc., has petitioned St. Lucie County for a Conditional Use Permit to allow Educational Services and Facilities in ! [Institutional) Zoning for the following described property: COMMENCE AT THE CENTERLtNE OF OLEANDER AVENUE, AS RECORDED tN PLAT BOOK t, at page 21, OF THE PUBLIC RECORDS OF ST. LUC1E COUNTY, FLORIDA WITH THE INTERSECTION OF THE CENTERLtNE OF 2ND STREET, AS RECORDED 1N PLAT BOOK 1, AT PAGE 200, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORI- DA; THENCE RUN SOUTH, 165 FEET, TO THE POINT OF BEGIN-,. NING; THENCE RUN EAST, 1060 FEET; THENCE RUN SOUTH, 330 FEET; THENCE RUN WEST, 1060 FEET; THENCE RUN NORTH 330' FEET; TO THE POINT OF BEGINNING, LESS RtGHT.-OF-WAY FOR OLEANDER AVENUE; ALL LYING AND BEING tN SECTIONS 3 AND 4, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNtry, FLORIDA. (Location: 5150 Oleander Avenue, Ft. Pierce, FL, west side of Oleander Avenue, approximately 850 feet south of Midway Road) i. 4. Custom Colors Paint & Body, Inc. d/b/a. The Custom Trucl<, Shop, has petitioned St. Lucie County for: a Conditional Use Permit to allow Auto Body Facility in CG (Commercial, General) Zoning for the follow- lng described property: ST. LUCIE GARDENS SECTION 26, TOWNSHIP 36 SOUTH, RANGE 40 EAST, BLOCK 3, LOTS 4, 5, 12 AND 13 LYING SOUTH AND WEST OF US HIGHWAY NO. 1 MORE PARTICULARLY DESCRIBED AS FOL-] LOWS: FROM THE SOUTHWEST CORNER OF LOT 4 RUN NORTH 89 ~, DEGREES 41 MINUTES 25 SECONDS'WEST ALONG SOUTH .LINE OF LOT 5, 14.06 FEET; THENCE NORTH 27 DEGREES 31 MINUTES 37 SECONDS WEST 68.14 FEET TO THE POINT OF BEGINNING; THENCE NORTH 63 DEGREE EAST 300.02 FEET TO THE WESTERLY RIGHT OF WAY US HIGHWAY NO. 1, THENCE SOUTH 27 DEGREES 31 MINUTES 37. SECONDS EAST ALONG SAID RtGHT .OF WAY 120 FEET, THENCE SOUTH 63 DEGREES WEST 300.02 FEET, THENCE NoI~TH 27 DEGREES 31 MINUTES 37 SECONDS W.EST, 120'FEET TO THE POINT OF BEGINNING (0.83 AC) (OR 483-24t~5) . (Location: 8569 South US Highway No. 1, Port St. Lucia, FL) PUBLIC HEARINGS will be held in Room 101, St. Lucia County Adminis- tration Building, 2300 Virginia Avenue, Fort Pierce, Florida on June 26, 1997, beginning at 7:00 P.M. or as soon thereafter as possible. PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by a board, agency, or commission with respect to .any matter considered at a meeting or hearing, he wilt 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 evidenc· upon which the appeal is to be based. PLANNING AND ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA /S/ROBERT KLEIN, CHAIRMAN PUB. June 1'6, t 997 P iNG ~ ZONING COMMISSION ,REVIEW: File Number CU-96-008 07/17/97 MEM,O, RANDUM .DEP~TMENT OF iC.OMMUNI~ DEVELOPMENT T FROM: DATE: Planning ~and Zoning Commission Planning Manager ~ July I0, 1997 SUBJECT: Application of OPM. ~USA, Inc. for a Conditional Use Permit to allow ~a 'Communications ToWer in the AG-5 (Agricultural ' 1 du/5 acres) Zoning District. LOCATION: ZONING DESI ON: ~D USE' N: ~PARCEL The .south' of the of The Florida Turnpike. AG-5 (Agricultural- 1 dui5 acres) AG-5 (Agricultural- 5) 16.9 acres PROPOSED 'USE: Construction and Operation Communications Tower of a 400 Foot SURROUNDING ZO AG-5 (Agricultural- 1 du/5 acres) The subject property is surrounded by pasture land. The surrounding Land Use designation is AG-5 (Agriculture-1 du/5 acres). Station #7 (4900 Ft. Pierce Boulevard) is approximately 16 miles to the east of the property. UTILITY SERVICE: No utility services are required or provided. TRANSPORTA~ONI~ ~ ' ,. MPACTS, No transportation impacts are anticipated. located subject July 10, 1997 Page 2 Petition: OPM- USA, Inc. File No.. CU-9%008 STUD--S ~O,F ,REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUN~ LAND D~LOPMENT CODE In for: ~: make' le e ® ,4. conditional use, the Planning :and Zoning determinatiOns: Whether the proposed conditional use is in conflict with any applicable potions oft he St. Lucie COunty Land DeVelopment Code; The' conditio.nal use is not in conflict Lucie Development Code. (7), St. i COde allows communications towers as conditional ~uses ~ the ZOn~g District. ~ether and the extent to which the proposed conditional use would have-an adverse impact on nearby properties; The proposed conditional use is prope~ies, The land. of the Administration. not expected to adversely impact the Co~issi0n and the Federal Whether and the extent to Which the proposed conditional use would be h · e~ · ., served by adequate public fi c~hties and services, including roads, police protection, solid waste'disposal, water, :sewer, drainage structures, :parks, and mass transit; This conditional use will not create significant additional demands on any public facilities in this area. ~ether and the extent to which the proposed conditional use would result in significant adverse impacts ~on the natural en~ronment; siting of the communications tower will be obsemed. July 10, 1997 Page 3 Petition: OPM- 'US& Inc. File No.: CU-9%008 COUNTS The ,. ~OPM- USA, Inc., this conditional use permit to construct ct. The. tower is to-be located of the Indian River .County Line mile east of the The indicated that the tower will be 400. feet tall. Staff finds renew as is not in conflict Mth conditions, meets the standards of of the St. Lucie County Land. Development Code and and of the St. LuCie that you this petition to the B a recommendation of approval, subject to the fOHO~g Th-~commumcattons tower shall be ~.constructed so that, in the event of a collapse, it~ Shall. not fall on any adjacent property. e P~or to .the issuance of~a zoning, compliance, permission for the additional ommumeation .uses shall ~be ob~ined from the Federal Communimflons Commission and 'the Federal Aviation Administration~ if applicable. ® The communications tower shah have a maximum height of 400 feet. "4. T · · · ,he-conditional use permit for the ommumcations tower shall expire ! year from the date of apProval by ,the St. Lucie County Board of County Commissioners, unless a ce~ficate of Zoning Compliance is secured or:.an ~th .SeCtion 11.07.05(F) of the St. Lucie Development..,ode mth~n the one year period. iPlease contact this office if you have any questions on this matter. Attachment Bill Miller ~nffin Greene File 'Suggested motion to recommend approval/denial of' t~s ,requested conditional use. MOTION T ~. 0 AP.~ROVE. 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, I HEREBY MOVE THAT'THE P~NNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LiUCIE: .COUN~-BOA'RD 'OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF OPM - USA, INC. FOR A CONDITIONAL 'USE PERMIT TO CONSTRUCT A ~CO!MMUNICATIONS TOWER :IN THE AG-5 (AGRICULTURAL- 1 DU/5 ACRES) -ZOrNING DISTRICT, BECAUSE [LIST CONDITION(S)] AFTER CONSIDERING THE TESTIMONY PRES~ENTED. DURING THE PUBLIC HEARING, INCLUDING STAFF 'COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH N 'SECTION 11.07.03, ST. LUCIE COUN~ LAND DEVELOPMENT 'CODE, ! HEREBY MOVE THATTHE P~NNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUN~ BOARD .OF COUNTY COMMISSIONERS DENY THE'APPLICATION OF OPM - USA, INC. FOR A 'CONDITIONAL USE PERMIT TO CONSTRUCT A COMMUNICATIONS TOWER IN THE AG-5 (AGRICULTURAL- 1 DU/5 ACRES) ZONING DISTRICT, BECAUSE ... [CITE REASON(S):WHY- PLEASE BE SPECIFIC] T 37 S OKEECHOBEE COUNTY T ~G S T 35 S T 34 S o 0 0 © OPM US Zon'i~ng (~1,000/9) (2~$~0001~00/7) (31FOOOFO00/6) AG-5 ~111"0002-000/9) (131-0001-000/4) (411'000h000/3) CU 9~7-008 Community Development Geographic Information Systems Map revised May 30, 1997 ~h~ has..~ ~led fOr.general planning and reference purpo,~$ only. eveo/e.ort rtas been made to provide the most current and accurate informatio~ possible, it is not intended fo~ use as a legally,binding document. Land U.s,e cu OPM (211~'0001'~000/ 9) ~ (23F0001~000/I) ($11.,0001-000/6) USA, Inc. (1i1.0002'000/9) (I,,~1'0001,000/4) (411-0001-000/~) Community Development Geographic Information Systems Map reVised May 30, 1997 ..~.i.s. map has. been compiled for general planning and reference purposes only. wrme evay effort has been made to provide the most current and accurate information possible, it is not intended for use as a legally binding document. AGENDA- PLANNING& ZONING COMMISSION THURSDAY, JULY 17, 1997 7"00 P.M. OPM-USA, Inc' has ned St. Lucie County for a Conditional Use Permit 'to Allow Communications Tower in the AG'5 (Agricultural, 1 du/5 acres) Zoning Dism~t for the -following~ ed property: SEE A ~A LEGAL DESCRIPTION (Loca~n: Approximately 1,4 .miles south of the Indian River County line and 0.-70 i tn le east ~of the Florida Turnpike) :Please :note that all proceedings ~before the Local Planning Agen~ are electronically recorded. If a person. ~.to appeal any deC, ion made by the Local Planning Agency with respect, to :any matter considered at such meeting Or hearing, he will need a record of the pro and thag for~SUch purpose, he may need to ensure that a verbatim record of the proc~ings ~ 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, i ' ' ,' ' d ' ndivtduals testifytng ~ unng a Any party to the proceeding will be granted an oppo~nity to cross- examine any individual estifytng during a ~heanng upon request. Wdtten comments received in advance of the publl'c hearing will also ~be considered. P~or to th~ public heanng notice of the same was sent to all adjacent property owners July 3, 1997. Legal notice was published in the'Port St. Lucie News and The Tribune, neWSPapers of general circulation in St. LuCie County, on July ~ 1997. File No. CU-97.008 ::::::::-:::: STATE ~OF FLORIDA COUNTY OF :ST. LUCIE TH RIBUNE ' P.O. Box 69 Fort Pierce, St. Lucie County, Florida 34954-0069 Before the undersigned ~aut:hori~ personally appeared Maureen 'Saltzer GaWel, or Kathleen .K. LeClair, who on oath says that ~he/She is PubliS'her, business manager of The Tribune, a daily newspaper p~ibliShed at Fort Pierce in St. Lucie County, '~of the. advertisement, being a Notary Public . in ~said .newspaper' in the issues.of .,in said secondclass · C0mm 'CC36'7364 Z LYING' t'THi 'FOLLOWING:. ~:: !~,.: f!;i~" _. 41! has" zon foil co LYING. SECTI.~ TOWNS RANGE COUNTY', FL* ' " ' t Location: S1S00laand'er i Avenue, Ft. Pierce,. FL, west I side of Oi~nder AG~n'ue,.i cxppr°xlmatoly 850 feei] south of Midway 'Road) ' 'I (9'2 P~NLNG AND ZONING COMMISSION REV~W: 07/17/97 File Number CU-97-009 M,E:M O RAND UM DEPAR~ENT OF COMMUNI~ D~LOPMENT TO: FROM: DATE: Planning and ~Zon/ng Commission Planning Manager ¢~ July 10, 1997 S ~ · , UBJECT: AppHcation of RiverSide Marina, Inc. for ,a Conditional Use Pe~t to :allow shiP, boat building, .and repairing - 45 to 150 feet, in the IL (hdustrial, Light) Zoffing DistriCt, LOCAUION. 2350 Old D~e Highway ZONING DESIGNATION: IL (Industrial, Hght) ~D USE DESIGNATION: IND ('Industrial) PARCEL SIZE: 9.27 acres PROPOSED USE. SURROUNDING ZO~G. SURROUNDING LAND USES: F, I IRE/EMS PROTECTION: UTILITY SERVICE: TRANSPORTATION IMPACTS Ship, boat building, and repairing - 45 to 150 feet. CG (Commercial, General) to the west. IL (Industrial, Light) to the south and east. Industrial and commercial uses are located to the south and west. St. Lucie Village is located to the north Fire Station #4 (4000 St. Lucie Boulevard) is located approximately 2 miles to the west. Water and sewer service is prodded by an on-site well and septic system. RIGHT. OF-WAY ADEQUACY: Old Dixie Highway is a state owned/maintained fight-of- way 66 feet in width. July 17, 1997 Page 2 Petition: Riverside Marina, Inc. File No.: CU-97-009 SCHEDULED IMPROVEMENTS: None at this time TYPE OF CONCURRENCY DOCENT REQUIRED: Certificate of Capacity STANDARDS~'OF ~~ AS SET FORTH IN SECTION 11.07.03, ST. LUCiE COUNTY LAND DEVELOPMENT CODE In renewing this-application for proposed conditional use, the Planning and Zoning Commission shall consider and make the following determinations: 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. Seciior~ 3.01.03(T)(7), IL Zoning District, allows ship, boat building, and repairing of boats from 45 to 150 feet in length as conditional uses. Building of boats less .than 45 feet is permitted in the IL ZOning District. ® Whether and the extent to which the proposed conditional use would have an adverse impact on nearby properties; ® The proposed conditional use will not adversely impact the surrounding properties. The subject property is currently utilized for ship, boat building, and repairs of less than 45 feet in length. 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, drainage structures, parks, and mass transit; This conditional use is not expected to create significant additional demands on any public facilities in this area. ,4. 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. The proposed ship, boat building, and repairing facility must comply with all state and federal regulations concerning its July 17, 1997 Petition: Page 3 Riverside Marina, Inc. File No.: CU-97-009 operation. COMME~S The applicant, Riverside Marina, Inc. has applied.for .the requested conditional use in order- ~to allow ship, boat-building, and repairing between 45 and 150 feet in length at an existing faaiitY~, in'IL ('indUstrial, Light).. Zoning. for property located, at 2350 Old D~e ~ghway. This actMty is allowed as a conditional use in this zoning district upon the apprmral of the Board of County- commissioners. COunt),. Commissioners ~th a recommendation of approval, subject to the following condition: The conditional use permit 'for the ship, boat building, and repair facility hall expire 1 year from the date of approval by~the St. Lucie County Board of County 'Commissioners, unless a Certificate of Zoning Compliance is secured Or an :extension is ..granted in aCcordance with Section 11.07.05(F) of 'the St. Lucie County ~nd Development Code at the end of the one year iperiod. Please contact this office if you have any questions on this matter, Attachment mp cc: Sally Gooch Muriel Concannon . Del Delaplaine File SUggested motion to recommend approval/denial of this requested conditional use. MOTION TOi APPROVF~; 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, I HEREBY MOVIE THAT THE P ~/.ANNING AND ZONING 'COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF RIVERSIDE MARINA, INC..FOR A CONDITIONAL USE PERMIT TO ALLOW SHIP, BOAT BUILDING, AND REPAIRING - FORTY-FIVE FEET TO ONE- HUNDRED AND ~FIFTY FEET IN LENGTH, IN THE IL (INDUSTRIAL, LIGHT) ZONING DISTFtlCT, SUBJECT TO THE FOLLOWING CONDITION(S)... [LIST CONDITION(S)]' 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, i HEREBY MOVE THAT THE P~NNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF RIVERSIDE MARINA, INC. FOR A CONDITIONAL USE PERMIT TO ALLOYV SHIP, BOAT BUILDING, AND REPAIRING - FORTY-FIVE -FEET TO ONE- HUNDIRED AND FIFTY FEET IN LENGTH, IN THE IL (INDUSTRIAL, LIGHT) ZONING DISTRICT, BECAUSE [CITE REASON(S) WHY- PLEASE BE SPECIFIC] "~'~,o~ OKEECHOBEE COUNTY T. 37 S ,. ~ T 3G S / / T 35 S CANAL C-24 T 34 S o ~ © ~ ~ O' 0 © c ~0 9O Murie V. Concannon Riverside Marina, Inc. Zoning RS RM 5 F! fl20-0004-000/0~ (123'0006.000/$) ~1433-113'0030-010/2J (12~tt0l~5.010/2) (124-0005- 020/ ftl3~i030-020/5) (113"0030-030/8) f124,.0005,000/9) f113-0030,000/9) (!13,.0050.040/1~ NACO 'ROAD (130-0007-000/2) RMH 5 (110-0019-000/7) (110'0038-010/9) (i10-0036-100/$) (130-0009-000/6) AG-1 CU 97-OO9 Community Development Geographic Information Systems Map revised May 30, 1997 'Land M.uriel V. Concannon Riverside Marina, Inc. Use RU RM ~1435-113"0050-010/2,~ C (124...0005- ' 020/' ~ ~12.,I-0005,.000/9,~ ~113',0030~20/5] 111..3'0030-030/8) (113-0030-000/g) (113.'0030-040/1) NACO ROAD R'M (110~0036,~/3) IND (130'0009-000/6) CU 97-009 Community Development Geographic Information Systems Map revised May 30,1997 AGENDA . PLANN~G & ZONING~COMMISSiON THURSDA Y, JULY 1 ~ 1997 7:00 P.M. tverstde Marina, Inc. has petitioned St. Lucie County for a Conditional Use Permit to Allow.for Ship, B ' ~ ' . oat ButMtng and Repairing up to 150 feet in 'the IL (Industrial, LighO Zoning District for the following described property: SEE ATTACHED LEGAL DESCRIPTION (l, ocatton: 2350 Old Dixie Highway, Fort Pierce, FL, 34946) Please note that all proceedings before the Local Planning Agency are electronically ~ ~ recorded. If a person decides t~, appeal .any.dectston made by the Local Planning Agency with respect to any matter considered at such meeting or heating he will need a .record of the proceedings, and that, for such ~purpose, he may need to ensure that a verbatim record of the proCeettings is-made, which, record includes the testimony and evidence upon which the appeal is to be based. Upon .the request of any party to the proceeding individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying during a hearing upon request. Written comments received in advance of the public heating will also be considered. Prior to th~ public headng, notice of the same was sent to,all adjacent property owners July 3, 199Z Legal nott¢e was published in the Port St. Lucie News and The Tribune, newspapers of general circulatton in St. Lucie County, on July 7, 1997. File No. CU-97.009 STATE OF FLORIDA COUNTY OF ST. LUCiE TH RIBUNE P.O. Box 69 . Fort Pierce, St. Lucie County, Florida 34954,0069 Before the undersigned authority personally appeared Maureen Saltzer Gawel, or Kathleen K. LeClair, who on 'oath says that he/she is publisher, business manager of The '.TribUne, a daily newspaper published at Fort Pierce in St. Lueie County, Florida; that the attached copy of the .advertisement, being a in the matter of was published in said newspaper in the issues of Notary Public entered as second class Lucie County, Florida, for:a, peri. copy of advertise- ~JY Corem £xp. 4/25/98 Service/ns - . -1.:'-sr. LYII RI( AND¢ U se Zol fO~ g: -'describe ';'CO~ (L°Caflorl~i'2350 Old DIX. io'.t Hlghway,?,IF0.r!' Plerce,.:;~:l~L:!t 34946)' ":?i:':' , · '::":~-~ · . Location: 5150 Oleander Avenue, Ff, Plerce,~ FL. wesi 'side" of Oleander A~nue,. approximately. :~ 850 .feet south Of Midway 'Road) ' PLANNING AND ZONING COMMISSION REVIEW: 07/17/97 File Number RZ-97-004 M.E M ORA ND, U M DEPARTMENT OF COMMUNITY DEVELOPMENT FROM: n · SUBJECT: Plan~ng and Zoning Commission Plan~g Manager~ July 10, 1996 as Palm of Palm Breezes Mobile Home Park, for Prelimina~ Development Site Plan Approval for a Project to-be Known , and a Change in. Zoning ~om the P~ Zoning District to the PUD (Planned LOCA'HON: NOTE: Previous development approvals for the existing PUD have expired. In °rder for th~ project io move ahead, a site p(an and new PUD must be v~d. Th~ action requi~es rezbnmg from PUD to PUD. The subject property is loCated on the north side of Orange Avenue Extension, approximately 1,800 feet east of The Florida Turnpike. E~STING ZONING: PROPOSED ZONING: FUTUI~ LAND USE: PARCEL SIZE: PROPOSED USE: SURROUND~G ZONING: PUD (Planned Unit Development) PUD ,(Planned Unit Development) RU (Residential Urban) 139.7 acres 646 lot mobile home park. AG-I (Agricultural-1 du/acre). ZOning north~ and west; ~-1 (Agricultural, District to the Residential-1 SU~OUNDING IAND USES property. The Future Land Use Classifications of the area surrOunding the subject property are RU (Residential Urban) to 'the south and the east; RS (Residential July 10, 1997 Page 2 Petition: Palm Breezes MHP File No: RZ-97-004, SP-97-017 FIRE/EMS PROTECTION: UTILITY SERVICE: TRANSPORTATION IMPACTS RIGHT-OF.WAY AOEQ Suburban) to the north and the east; P/F (Public Facilities); and RE (Residential Estate) to the west. station #4 (4000 St. approXimately 5 miles property. Lucie to the Boulevard) is located north of the subject Utility service will be provided by Ft. Pierce Utilities Auth[rity. The right-of-way for Orange Avenue E~ension is' 100 feet in width. None. ce~ificate of Capacity STAND~~S OF ~~EW AS SET FORTH IN SECTION 11.06.03, ST.. LUC~ COrU~ ~D D~LOPMENT CODE In reviewing this Commission sha~ 'for proposed rezoning, the and make' the following determinations: Planning and Zoning le ~ether the proposed rezoning is in conflict with any applicable portions of the St. Lueie. County Land Development Code; The ' zoning district is consistent with the St. Lucie County Land and specifically has met the standards of 11.06.0~. ® Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The, zoning is ConSistent with all elements of the St. Lucie Plan. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The PUD-Zoning District is compatible with the RM (Residential Medium) and RU (Residential urban) Future Land Use Designations, which allow mobile home residential subdivisions within planned d~Vetopments. July 10, 1997 Page 3 Petition: Palm Breezes MHP File No: RZ-97-004, SP-97-017 ® ® e ge Whether there have been changed conditions that require an amendment; Conditions have not changed so as to require an amendment. ~ether and the extent to which the proposed amendment would result in facilities~ and whether or to the extent to which the . wonld exceed the capacity of sneh pnblie facilities, not limited to ~nspomtion facilities, sewage f aeffities, water drainage~ schoolS~ solid waste~ mass transit, and emergency The intended .use for this rezoning is not expected to create significant additional demands on any :public facilities in thi~ area. need tO demonstrate that there are adequate public area to suPPort SuCh deVelOpmem. The Will aPply for a certificate of caPaCitY to ensure that adequate SuPport the project. Whether and the extent to which the proposed amendment would result in significant 'adverse impacts on the natural en~ronment; The' . develo' is not anticipated to create adverse.impacts on the natural Any 'future development of thi's Site will be required to comply Mth al! state and local environmental regulations. Fifteen percent of the ~x]sting uPland habitat wi~ be preserved on-site. Whether and the extent to which the proposed amendment would result in an orderly and logical dev?opment pattern specifically identifying any negative affects 'of such Patterns; ~ orderly and lo~cal development pattern will occUr with this change in. zoning that conforms Mth the r~quirements of the County's Land Development Code. residential is located to the south, across Orange Avenue. 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 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. July 10, 1997 Page 4 Petition: Palm Breezes MHP File No: RZ'97'004, SP-97-017 'The:petitioner, Palm Breezes Mobile Home Park, has requested this change in zoning of 13-9'7 acres of land located along the 'north side of Orange AvenUe EXtensi°h i east of The Flo~da Turnpike in order to a"646-1ot mobile Breezes MObile Home park. · originally 600 unit mobile 991. g a extension, the thos of i able to reduce :as req The areas on-site. The developer of this on the preserve 35 'eot acres Staff is with a: petition to the Board of Please contact this office if you have any questions on this matter. Attachments tm cc: J.P. "Butch" Terpening iRoger Medema File Suggested motion to recommend approval/denial of this requested change in zoning. MOTION TO :APrPFI, OVE: AFTER 'CONSlDERIN~ THE TESTIMONY PRESENTED DURING THE PUBLiC.H~RING, INCLUDING STAFF COMMENTS, AND THE STANDARDS 'OF REVIEW AS SET FORTH IN SECTION '11.06.03, ST. LUCIE COUNTY 'LAND DEVELOPMENT CODE, ! HEREBY MOVE THAT THE P~NN'ING ANDZONING COMMISSION FIECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GI::~NT APPROVAL TO THE APPLICATION OF PALM BREEZES FOR PRELIMINARY PLANNED DEVELOPMENT SITE P~N APPROVAL FOR.A PROJECT TO .BE KNOWN AS PALM BREEZES MOBILE HOME PARK, AND A CHANGE IN: ZONING FROM PUD (PLANNED UNIT DEVELOPMENT) zONINg~DlSTRICT TO PUD(PLANNED UNit DEVELOPMENT) ZONING DISTRICT. BECAUSE ... [CITE 'REASON WHY- PLEASE BE SPECIFIC]. AFTER CONSIDERING THE TESTIMONY~PRESENTED DURING THE PUBLIC HEARING, INCLUDING. STAFF COMMENYS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11,06,03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE P~NNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCiE COUNTY BOARD OF COUN~ COMMISSIONERS DENY THE APPLICATION OF PALM BREEZES FOR PRELIMINARY PLANNED DEVELOPMENT SITE PLaN APPROVAL FOR A PROJECT "r'o BE KNOWN' AS PALM BREEZES MOBILE HOME PARK, AND A CHANGE IN ZONING FROM PUD (PI-~NNED UNIT DEVELOPMENT) ZONING DISTRICT TO PUl:) (PLANNED UNIT DEVELOPMENT) ZONING DISTRICT. BECAUSE ... [CITE REASON WHY- PLEASE BE SPECIFIC]. ~'~'~,o~. OKEECHOBEE COUNTY T 37 S '?,,__ T 3G S T 35 S / T 34 S N Palm Roger M. edema Moble Home Park onlng AG-1 AR-1 RM-5 R? RS-2 97-OO4 RS-4 RS-3 CN Community Development Geographic InformatiOn SYstems Map revised May 30, 1997 nformation possible, it is not Intended fOr use as a legally binding' document. Palm Roger Medema Moble Home Park Lane Usc RS P/F RZ 97-0O4 Community Development GeograPhic Information Systems Map revised May 30, 1997 ..Ti~.is.. map has.been compiled for generalplalming and reference purposes only. wn~te every effort has been made to provide the most current and accurate Information possible, tt is not intended for use as a legally binding document. AGENDA - PLANNING & ZONING COMMISSION THURSD./I Y, JUL Y 17, 199 7 7:00 P.M. Palm Breezes~Mobile ~Home Park has petitioned St. LUcie County for a Change in Zoning from Palm ~ Club. PUD (Planned Unit Development) Zoning Distn'ct to Palm Breezes Mobile Home Park. PUD (Planned Unit DevelopmenO Zoning Distn'ct for the establishment ~f a~ 646-1ot mobile home park for the fo low~ng described property: SEE ATTACHED LEGAL DESCRIPTION No 'th side of Orange Avenue Extension, approximately 1,800 feet east of the Florida Turnpike) please note that all proceedings before the Local Planning 4gen'cy are electronically e ' recorded, ifa person d, cides to appeal any~-decision made by the Local Planning Agency with respect to any matter considered at such meeting or hearing he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proc~dings 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 testtfying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross. examine any individual testt~ing during aheadng upon request. Written comments received in advance ~of the public hearing will also be considered. Prior to th~ public hearing, notice of the same was sent to all adjacent property owners July 1997. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on July 7, 1997. File No. RZ-97.004 STATE OF FLORIDA :COUNTY OFST. LUCIE HE r filBiONE T, ?....., . P.O.' Box 69 Fort Pierce, St. Lucie County, :Florida 34954-0069 Before the undersigned authority, personally appeared Maureen Saltzer Gawel, or Kathleen K. LeClair, who on oath says that he/she is ~publisher, business manager of The ~ibune, a .daily newspaper published at Fort Pierce in 'St. LuCieCounty, Florida; of ~the advertisement, being a in the matter was n, in the issues of Notary Public Fort Pierce, in said continuous- class peri- No. 12383 ST co PUBLIC' JULY l TO' WHOM'-. IT CONCERN:. MA 1.00.03 of the-st. follows: 1, St. Pdter's.-, LUcle In au/acre) the RF Zonln for lhe properly.... SECTION 19, TOWNSHIP 35 SOUTH, RANGE 40 EA~o · SOUTH 1/2 OF-THE SOUTHWEST I/4 OF THE SOUTHWEST i/4 - LEss THE WEST 40 FEET FOR ROAO RIGHT-OF-WAY. (I. ocaflon: East side of Je n-k i n s Ro a.d apProximately 2 south of Oke R°ad.) 2. Palm Breeze Mobile Home Park, .has petitioned SI. Lucte County .for a Chonge in Zoning*from Polm*Breezes Club'- pUD (Plonned Unit 'Development) to Polm Breeze Mobil~ Home Pork PUD (Plonned Unit Deveiopmenf) for the establishment of a 646-1ot Mob'iie '-Home Park for fhe following desCrl,bed properly: THE NORTH 1/2 OF THE NORTHEAST 'I/4; THE .NORTH 1/2 OF mE·NORTHWEST 1/4 LYING ~ OF EASTERLY RIGHT-OF-WAY OF FLORIDA SUNSHINE STATE PARKWAY AND.THE SOUTHWEST 'THE NORTHEAST 1/4, EXCEPT THEREFROM THE FOLLOWING:. k t t' '"' LINE RIVER N B OF NO OF THE sOUTHWEST O'F T.H E ! SAI 'NTAIN 139.7 AC; [1.o~, th. sic e 'c f brc .~ EXtel ~slor, : ea~ ~ Flcrid~ i' Turnpike) · : 3. Trh , ~ange'lcal Presbyh : torch, Inc. has ~e , St. ,UClE C°un~ i Condt Ona Use P i ~.lt to cllo~ EdUcatic ~ Services an Facilttl 'and .Sc Cta~ Services i le I~[Insfltufl )nolj. ZOning i;trlct for the / folloWi g described propertY: eOM, NC~ A~ ~,E ST, L*rUC / · FLORIDA; THE1 SOUTH, 165 FEET, TO'THE[ POINT' OF BEGINNING; THENCE RUN EAST, 106~! FEET; THENCE RUN SOUTH, 330 FEET; .THENCE RUI~| WEST, 10g0 FEET; THENCE RUN NORTH, '330 FEET; TO | THE POINT OF BEGINNING LESS RIGHT-OF-WAY FOi~ · OLEANDER AVENUE; ALL LYING AND BEING IN -SECTIONS 3 AND 4, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCII~! COUNTY, FLORIDA. Location: 5150 Oleander Avenue, Ft. Pierce, 'FL, west slde of Oleander A~enue,. approximately 850 feet soulh of Midway Road) I 4, Riverside Marina, Inc,., I has petitioned St, Lucl~ I' Coun~ for a Conditional: Use P~rmlt to Allow Boat! Building and Repairs up Io' 150' in lhe tL [induStrial, Light) Zontng Dis/tiC! for lhe fc;ll0Wing described properly: 33 34 SOUTH 4d~EAST 33/34 34 40 FROM EAST 1/41 CORNER SECTION 33 RUN. NORTH 4. DEGREES 24 MINUTES 50 SECrONDS WEST 732.9 FEET ALONG SECTION LiNE FOR POINT OF BEG'INNING, THEN CONTINUE NORTH 04 DEGREES 24 MINUTES 50 SECONDS WEST .27 - 76 .FEET, EN NORTH 85 DEGRI 16 MINUTES . 10 EAST 27 FEET, NORTH 12 DEGREE~ 10 13 SECON WEST 200 FEET, O4 06 Mi 20 SECONDS 'WEST 11,5~ TO A POINT EAST SECTION THEi 35 SECONDS WEST 332.38 FEET, THENCE SOUTH 25 DEGREEs 18 MINUTES EAST i24.38 FEET PARALLEL TO ~ILROAD RIGHT-OF-wAY, 'HENCE SOUTH 64 DEGREES 12 MINUTES WEST 291.63 :EET, THENCE SOUTH 25 5 EGR.EES 18 MINUTES EAST 4.48 FEET 'PARALLEL TO RAILROAD RIGHT-OF:WAY, THENCE SOUTH 63 DEGREE~ 31 ·MINUTES 44 SECONDS EAST 50..82 FEET, THENCE NORTH 72 DEGREES 60 oINUTES EAST 345.08 FEETI POINT OF BEGINNING (9.27 AC) (OR 262-1849) (Location: 2350 Old Dixie Highway, Fort Pierce, FL I 34946) I 5. OPM-USA, Inc. has,~ petitioned St. Lucle Counly ~ ~or a Conditional Use Permit Ior Allow a Communications :Tower In lhe AG-5 (Agricullural- 1 dui5 acres) Zoning Dlslricl for lhe following described property: SECTION 11 TOWNSHIP 34 RANGE 37 SOUTH I/2 OF NORTHEAST 1/4 (84.72 AC) (Location: Approximately 1.4 miles soulh of the Indian River County line. and 0,70 miles easl of the Florida Turnpike) PUBLIC HEARINGS will be held In Room 101. 'St. Lucle County Adrriinistralion Building, 2300 Virginla~ Avenue. Fort Pierce, FL on'. July 17. 1997, beginning al 7:00 P.M. or as soon thereafter ~s possible. PURSUANT TO Section 286.0105. Flodda Statutes,-If a person decides to appeal any d.ecislon made by a board, agency, or commlssion wilh respect 10 any-matter considered at a meeting or ~dng, he will need a record 'of lhe proceedings, and lhat, for '.such purpose, he will need a' record of the proceedings, and lhat, for such purpose, he .may need to ensure .that a verbatim record · of .the proceedings Is made, which record Inciudes the testimony and evidence upon which the appeal is robe based. BOARD OF COUNW COMMISSIONERS ST.-LUCIE COUNTY. FLORIDA /s/ROBERT KLEIN, CHAIRMAN Publish: July 7, 1997