The URL can be used to link to this page

Home My WebLink AboutFebruary 20, 1997St. Lu ~e ~County Planning and Zoning Commission/Local Planning Agency Regular Meeting St. Lucie COunty ~Administration Building- Room 101 February 20, 1997 7:00 P.M. AGENDA CALL TO ORDER iL Pledge of Allegiance B. Roll Call C. Announcements AGENDA ITEM !:. PRESE~A~ON OF PLAQUES Plaques of Appreciation ~ 'be ~presented to .former .members Mr. Eugene Gibbins, Mr. "~':~r~~'~' Wa!ker, and .~Mr~~' Douglas Skidmore for their service on the Planning and Zoning Commission. AGENDA'I~ 2: ..MINUTES OF,THE JANUARY 16, 1-997, MEETING Action Recommended: - Approval. Exhibit #2: Minutes of January 16, 1997, Meeting Planning .and Zoning Co~ission Agenda February .20, 1997 Page '2 AGENDA ITEM, 3'. FILE NO. RZ'97-001 WEST RIVER PACKING Petition of WeSt Paver'PaCking, for a Change in Zoning from AR-1 (AgriCUltural, Residential - 1 du/acre) to IL (InduStrial, Light) Zoning for the establishment of a citrus ~acking house. staff comments 'bY .Matt Witmeyer. Action Recommended: Forward Recommendation to County Commission Exhibit #3: Staff Report and Site Location Maps AGENDA ITEM 4. ~FILE NO. CU-97-002 GLENN AND GIOVANNA RA-~P~ORT Petition of Glenn and GioVanna Rappaport, 'for a Conditional Use permit to allow a Bed and Breakfast-Establishment in'HIRD (Hutchinson ISland Residential District) Zoning. Staff comments by Ha~ Flores. Action .Recommended: Forward Recommendation to County Commission ~bit #4: Staff Report and Site Location 'Maps AGENDA.ITEM 5.:.. FILE NO. RZ-97-003 CIVIL.AVIATION ACADEMY, INC; Petition of CivilAviation Academy, Inc., for a Change in Zoning from IL (Industrial, Light) to U (Utilities) Zoning for the establishment of a Flight School. Staff comments by Hank Flores. Action Recommended: Forward Recommendation to County Commission Exhibit #5: Staff Report and 'Site Location Maps AGENDA .'.ITEM 6: PRELIMINARY DRAFT- 1996 ANNUAL REPORT-' Distribution of the Draft' 1996 Annual Report to Planning and Zoning Commission members- Plannh~g and Zo~g Commission Agenda February 20, 1997 Page3 .OTHER BUS.ESS: A~ B; Other'buS~ess at Commission Members' discretion. -Next regular Planning and Zoning Commission meeting will be held on .... ThUrsday, March 20, 1997, .in Room 101 of the St. Lucie CoUnty Administration Building. ADJOI~ NOTICE. All proceedings before the Planning and Zoning Commission/Local Planning Agen~ of St. Lucie County, Florida, are electronically recorded. If a person decides to appeal any decision made by the Planning and .Zoning Commission/Local Planning Agency with respect to any.matter considered'at.such meeting or hearing, he ~ .need a record of the proceedings, and thru, for such purpose, he may need to insure that a verbatim record of the iproceed~gs is made, which record includes the testimony and evidence upon which the appeal is based. Upon the request ~of any party to the proceed'rags, individuals testifying during a hea~g will be sworn in. Any party to the iproeeeding will be granted an opporttmity to cross examine any indMdual testifying during a hearing upOn request. Any questions about'this agenda may 'be referred to the St. Lucie County Planning Division at (561.) 462-1586. PLANNiNG.AND ZONING COMMISSION/LOCAL PLANNING AGENCY ST. LUCIE COUNTY JANUARY 16, 1997 REGULAR MEETING~.~:i~i~-~i~ ~' ~~~~ BOARD MEMBERS PRESENT: Chairman Robert Klein, Jim Mink, Tom Whitley, Ed Merritt,. DOnna Calabrese, Doug Coward BOARD MEMBERS ~SENT: David Ward, Randy Lynch, Diana Wesloski OTHERS PRESENT: Jim Lancaster, ASsistant County Attorney; Philip Freeland, Community DeveloPment Director; David Kelly, Planning Manager; Hank Flores,~lanner III; Matt Witmeyer, ~Planner II; Karen Zeiss, Administrative Secretary PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Chairman Klein. ANNOUNCEMENTS: Chairman Klein asked that the minutes reflect that Mr. Lynch, Ms. Weslosld, and Mr' Ward have excused absences. · ELEC33ON~'OF O~CERS: Chairman. ~ein .stated.that.the first item on the agendaWas the election of officers, which takes place every January. Chairman ~ein asked if there were any nominations for Chairman. Mr, Merritt nominated Mr.. Klein for .Chairman, ~with Ms' Calabrese seconding the motion.' Upon roll call, the motion ~was unanimously approved. Chairman ~ein asked if there were any nominations for Vice-Chairman. Mr. Merritt nominated Donna Calabrese for Vice-Chairwoman, with Mr' Whitley seconding the motion. Ms. Calabrese accepted the nomination. Mr. Minix arrived '7:08. Upon roll call, the motion passed unanimously. Chairman Klein asked if there were any nominations for Secretary. Ms. Calabrese moved that ~Karen Zeiss be nominated for Secretary, Mr. Whitley seconded the motion, and upon roll call, the motion passed unanimously. Mr. Kelly indicated that another Community Development employee woUld serve as secretary if Ms. Zeiss was not available at'any time. APPROVAL OF PLANNING AND ZONING COMMISSION MEETING. ~MINUTES - 'REGU]~ MEETING OF DECEMBER 19, 1996. There being no corrections or .additions to the .minutes of the December 19, 1996 meeting minutes, Ch~an Klein asked if there '~~'a mbtion to approve. · Mr. Mink moved to approve the minutes, Mr. Coward seconded the motion, and upon roll call the minutes were unanimously approved. ., PUBLIC HEARING ~RICAN 'TOWER SYSTEMS, INC. CU-96-006 Chairman Klein abstained from the petition due to a conflict of interest, and passed the gavel to Vice-Cha'~rrwom_an Calabrese. ~ ........ Chairwoman Calabrese ~explained the Planning and Zoning Commission hearing procedure. Mr. Hank Flores presemed staff eo_m_ments. Mr. Flores stated that this was that application of American Tower Systems, Inc.-(Don Cuozzo, Agent)for a Conditional Use Pe ~rmit to allow a 300 foot Communications Tower in AG.6 (Agricultural- 1 du/5 acres) Zoning. ' He stated that the location of the subject property was on the north side of the C-25 (BelCher) ~nal, appro~mately '0.50 mile'west of the Florida Turnpike, and that the parcel size was 0.-13 acre. ~. Flores stated that the surrounding property was also zoned AG-5. Mr. Fly,res stated that 'a tower in this .general location was recommended for .approval'by the Planning and Zoning Commission on September 19, 1996, and approved by the Board of County Commissioners on October 15, 1996. Subsequesnt to that approval, a surveying error was discovered by the petitioner. He stated that this petition was intended to move that approval 5:0 feet to the west to adjust for the error, and that this tower would be built in place of the previously approved tower. Mr. Flores stated that all other details and conditions were 'consistent ~th the Commission's recommendation of September 19, 1996. Mr. Flores stated, that this petition, with the four conditions, met the standards of review as set forth in Section 11.07.03 of the St. Lucie County I_and Development Code antl?is~ nol in con~ct. With the goals, objectives, and policies of the St. Lucie' County Comprehensive Plan. He stated that staff recommended that this petition be forwarded to the Board of County Commissioners with a recommendation of approval. Chairwoman Calabrese 'asked ff the petitioner or their representative was present. Ms. Marsha Wickforce, represemative for American Tower Systems, Inc. stated that her company accepts the conditions .set forth in the Staff memorandum. She stated that she and Chris WOod of the Houston-CUozzo Group would be available to answer questions. Hearing no arguments in favor of or in opposition to the petition, Chairwoman Calabrese closed the public portiOn of the hearing. Chairwoman Calabrese asked if anyone would like to make a motion. 3 A~er considering the testimony presented ..during the public heating, including staff comments, ~, Whitley moved that the.Planning and Zoning Commission recommend that the St, Lucie ~County.BOard of . County ~ Commissioners grant approval to the application of American'Tower Systems, Inc. for a Communications Tower in AG'5 Zoning, with the fo~Owi:ng four conditions: The communicatibns .tower Sh~ii~ be constructed in such a manner~so that, in the- event of a co,apse, it shall not fall on any adjacent property. 2' Prior to the issuance of a building permit, permission for the construction of the communicatiOns' tower shall be obtained from the Federal Communications Commission and the Federal Aviation Administration, if applicable. e The commUnications tower shall have a maximum .height of 300 feet. The conditional use permit for the communications tower shall' expire 1 year from 'the date of approval by the St. Lucie .County Board of County Commissioners,-unless a Building Permit or Certificate of Zoning'Compliance is secured or an extension is grained in accordance with Section 11.07.05(F) of the St. Lucie County Land Development Code. Mr. Coward seconded the motion, and upon roll call the Commission voted 5-0, with one member absta~g in favor of approval. 4 Chairwoman Calabrese passed.the gavel back to Mr. ~Klein, who adjourned the Planning and Zoning Com~Ssion, and convened the Local Planning Agency. p~LIC HEARING CJIt INVESTMENTS, INC FILE NO' PA-96-004. Mr. Matt Witmeyer presented staff comments. Mr.~ Witmeyer stated that this was the application of CJH Investments, Inc. for a Change in Future Land use Designation ~from T/U (Transportation/Utilities) to COM (Commercial). He stated'that the property was located at 10951 South Ocean Drive, .west side of South SR A-i-A, appro~mately 760 feet north of the Martin County Line. He stated that 'the sarrounding land use was COM (Commercial) to the north, northeast, and south, and ~ .(Residential Medium) to the east and southeast. He also state-d~hat the surrounding zoning designation was CG (Commercial, General) Zoning to the north, northeast, and. south, HIRD (Hutchinson Island Residential District) to the .east and southeast. Mr. Witmeyer stated that .commercial uses are. located to the immediate north and south of the subject property: The Galleda shopping center to the north and Cumberland Farms to the. sout:h. To the east is the Island Reef restaurant and the .Marriot Courtyard hotel. 'He stated that .the Windmill Village Wastewater Treatment Facility currently exists on-site and will 'be dismantled .in early 1997 upon the completion of the South HutChinson Island Wastewater.Treatment Facility. He stated that the purpose-of the requested change in' furore land use is to .allow for the development of the property for commercial ~e. He stated the current future land use designation allows for transportation/utility uses. M~. witmeyer state~:~tha~i~' approval of 'thiS' petition is required to a~ow .for commercial development at this location. Mr. Witmeyer said the proposed amendment had 'been determined not to-conflict with the coastal management element. He stated that the elimination of individual treatment plants is supported by SectiOn 10(A)(2), Coastal'Area Infrastructure, of' the 'St.. Lucie County Comprehensive Plan which recognizes that many of the existing package sewage treatment plants on Hutchinson Island have malfunctioned. Mr. Witmeyer stated that based upon the information provided, staff found the proposed land use change to be consistent with the Goals, Objectives, and Policies as set forth in the St. Lucie County Comprehensive Plan. He stated that any development must comply with the mle~s and regUlations of~the Land Development Code in regards.to parking, landscaping, and emrironment~ protectiOn. He stated that staff has found this petition to conf~~~ to the Standmrds of Review as set forth in Section 11.06.03 of the St. Lucie County Land . Development COde. :He stated that staff .also found the proposed amendment to be consistent ,a"_'th the State Comprehensive Plan and Regional Policy Plan. He stated that' staff rec°mmended this petition be forwarded to the Board of County Comm/[SSioners Mth a recommendation of approval. There being no questiqns of. staff, Chairman Klein asked if the petifipner, or their representative was present .... "'~ Mr. Jack Bryan, attorney for CJH Investments stated the subject property is between two Commercial properties in use. He stated that this was the first step in their process of developing the property commercially. There being no quesfions~of Mr. Bryan, Chairman Kle~ opened the public hearing. Ms. Rosemary Sills, representing a group of homeowners living behind the .subjeCt~roperty stated that her. property was ..located west of ~the subject property. She stated that the homeowners were as~ng if the facility was constructing a lift station to' accommOdate the new utility .system. She asked if the County will retain part of the property, and ~ the County access the .property if they do. Mr. Jim Lancaster stated that the 'property will be accessed through the easements presently~ owned by the County. ..~ Ms. Sills asked from which road the property will.be accessed. Mr. Bryan stated that it would be 'from Axelrod Drive. Ms. Elizabeth Tells, .of~~bd Drive, stated that there are single-family homes and duplexes in the area.. She was concerned about the route of the current, sidewalk, and the-dangers. thru increased traffic would bring. Ms. Tells was concerned about the accidents on A-1-A due to congestion. Chairman Klein explained to Ms. Tells that zoning must be consistent with the land use, and the issue befOre the. board tonight was not how the property would be commercially used, but the designation of the Comprehensive Plan. Mr. Kelly offered Ms.-Tells a list of. permitted uses, if-she was concerned as to how the property would be used commercially in the future. Hearing nO further arguments in favor of, or in opposition to this petition, Chairman Klein closed this portion of the pubfic hearing. ~ ~ Mr. Bryan stated that the sidewalk was not on the subject property, and due m the fact that ~they are surrounded by CO~ercial zO~g, that they should be able to develop the property commercially. After. considering the'testimony presented during the public hearing, including staff comments, Mr, Merritt moved that the Local Planning Agency recommend that the St. Lucie County' Board 'of County Commissioners .grant approval to the application of C3H Investments, Inc. for a Change in Futu~-~ Land Use from T/U (Transportat~0n/utffities). tO COM (Commercial) to allow the property to be consistent With surrounding zoning. Mr. Coward seconded the motion, and upon roll call the Local Planning Agency voted 6-0 in favor of the :mOtion. At this time, Cha'mnan Klein adjourned the Local Planning Agency and convened the Planning and Zoning Commission. -~~ PUBLIC HEARING CJH INVES~~S, INC. FILE NO. RZ'96-021 Mr. Matt. Witmeyer presented staff comments. Mr. Witmeyer stated that staff has reviewed this petition and determined that it conforms with the standards of reciew as set forth in ~Section 11.06.03 of the St. Luci~-County Land - Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County ~ComprehenSive Plan. He stated .that staff .recommended that this petition be forwarded to the Board of County Commissioners with a .recommendation of. approval. There being no questions of staff, Chairman Klein opened the public hearing. Ms' Ruth.Falver, President of the 46-unit development next to the subject property stated that she was concerned about the contamination-from the.present utilities station. Mr' Mi~ asked if the facility will be cleaned up. Mr. B~an stated~that his.client presently has an agreement with the County to dismantle the plant, and the contamination will be 'handled in accordance with the appropriate regulations. . . Hearing no further arguments in favor of or in opposition to the petition,, Chairman Klein clos~ 'the PUblic portion of the hearing. After ,considering the .testimony presemed during the public hearing, .including staff comments, ~M~~. Merritt moved that the Planning and Zoning Commission recommend' that the St. Lucie County Board of County Commissioners' grant approval to the application of ~ havestments, ~c. for a .Change in Zoning from U (Utilities) to CG (Commercial, General) Zoning in order for the property' to be developed commercially. Mr. Coward seCOnded the motion, and upon. roll call, the Commission voted 6-0 in favor of the motion. Chairman Klein. stated that this petition would be forwarded to the Board of County Commi[ssioners with a recommendation of approval. PUBLIC HEARING 'TARMAC AMERICA, INC. FILE ~NO. CU.06-013 Mr. Hank Hores presented staff, comments. He stated that'~ t~s was the applicati0n_~of Tarmac America, Inc. for a Conditional' Use Permit to allow'a concrete recycling facility in IH (Industrial, Heavy) Zonirig. Mr. Flores stated-that the subject property was 13.323 acres, and located on the west side of SeMtz Road, approximately 700 feet south of Bandy Boulevard. He stated that the subject.property was currently zoned IH (Industrial, Heavy), and the land use was currently being tlsed .for.Lndustrial purposes with some residential zoning to the south. He stated that Tarmac America, Inc. is requesting this conditional ~use permit in order to . add concrete recycling as a part of its concrete plant operations in IH Zoning. ~ioncrete recycling operations are allowed as conditional uses in IH Zoning. The recycling'.operation is proposed to be located 'at the~ existing concrete plant.located on the west. side. of Selvitz Road, approximately 700 feet south of Bandy Boulevard. Mr. Flores stated that staff found that this petition, with the following conditions, meets the standm:ds 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 policies of the St. Lueie County ComprehenSive Plan. He stated that staff recommended this petition be forwarded to the Board of County Commissioners with a recommendation of approval, subject to .the following three conditions: le The hours of .operation for the concrete recycling operation shah be MOnday-through Saturday - 7:00 A.M. to 5:30 P.M. ~There shall .be no Sunday and Holiday operations. ge No by-product of the concrete crushing/recycling operation shall be disposed .of on- site. Mr. Coward asked about the'access road, and dust generated by trucks traveling in the area, and if the appropriate landscaping is indicated on the site plan. Mr. K.11y 'stated that there is not a new site plan, since this is being submitted as a conditional use. Mr. MLnix asked if residential units were currently located there. Mr. Flores stated that residential units are located to the south. Mr. ~Ri'ck Young of Tarmac stated that all materials'.would remain on 'site. Mr. Merritt .expressed concern.about the noise generated by the facility. Mr. Young stated that there have not been any complaints to date about the noise. Hearing no. ~rther arguments in favor of or in opposition to the petition, Chairman Klein closed the' public portion ,of the hearing. After considering the testimony presented during the public hearing, including, stafl comments, Ms.'Calabrese moved that the Planning and Zoning Commission recommend that the St. iLucie County Board of County Commissioners gram approval to the application of Tarmac America, lac. for a Conditional Use Permit to allow a concrete ~ecycling' facility in IH (industrial, Heavy)~Zoning subject to the three conditions regulated by staff. Mr. Merritt seconded the motion, and upon roll call, the Commission voted .6-0 in4avor the motion. .Chairman Kle'm stated that this petition would be forwarded to the Board of County Commissioners with a recommendation of approval. 10 PUBLIC HEARING O~INANCE 97.001 (ROBERT SERKiN) FILE NO. ORD-97-001 Mr. Hank Flores presented staff cOmments. Mr. Flores stated that this was Dra~ Ordinance 97-001, Petition of Robert Serkin amending ~the. St. Lucie County _Land Development COde by Amending Section ._ 3.01.03(Q)(2)~ Commercial Neighborhood, Pe ~rmitted Uses, by Adding as a Pe ~rmitted use the Construction and Operation of Serf-service ~r Washes, with Restrictions, in the Commercial Neighborhood Zoning District. Mr. Flores stated that the petitioner would like to establish a self-service car wash facility in the iLakewood park area along the Turnpike Feeder Road. He stated that: the property in the 'area of the .proposed developmem has a zoning designation of. CN (Commercial · Neighborhood). Mr..~ores stated that the CN Zoning DiStrict does not allow serf-service car ~washes as either permitted, conditional, or accessory uses. '~-*q- - He stated that, per the 'St. Lucie County.Land Development ~Code, the stated purpose of'the CN (Commercial Neighborhood) Zoning District is to, "provide and protect an environment suitable for limited retail trade and service activities covering a relatively small area and that . is intended to serve' the population living in surrounding neighborhoods.." .. He stated that in making any amendment-to the text of 'the Land Development Code, consideration must be given to the ramifications that the proposed change will have on the entire county and not. to.just one specific location. He stmed that no justification has been demonstrated for seff-se~ce :car washes as a perm_~itted use in CN Zoning. Mr. Flores .stated that .staff is~ concerned that this. use may not be compatible .~ the majority of properties~ zoned CN. He stated that self-se~ce car washes may be apprOpriate at" th~8 lb6ation Mr. Serkins has. propOsed, however, staff has deterrn'ined that .allowing this use as permitted uses could .be inappropriate for ~other areas with CN.Zoning. -He stated that'staff is recommending denial of this petition to allow self, service car washes as. permitted uses. Mr. Flores stated 'that staff is recOmmending that self-service car washes be allowed only as. conditional uses in CN Zoning, subject to specific performance standards. He stated that without these specific performance standards,' staff is also recommending-denial for serf-. service car washes as conditional uses in the CN Zoning District. .. Chah'man-Klein asked ff there were any questions of staff.. Mr. Whitley asked for clarification of the staff recommendation. 11 Mr. Kelly. stated that ,the f~st step of the ..conditional use is if the location .is appropriate for that ~use.. He stated that although in this case the location may be appropriate .for a car wash, that does not mean it may be appropriate~ ~on every .corner ~ Commercial Neighborhood ZOning. He stated that ~idance should be given to staff and the applicant to the conditions that should be placed On the conditional us~~ _ . Mr. K)elly brought to the 'Commission's. attention a list of conditions that was given to each member. .Chairman Kle~ asked if the petitioner or his representative was present. Mrs. Christine 'Ser~ asked for clarification: Mr. Kelly stated that .the Serldns' ~original application was one-to .rezone the prope~ to CG (Commercial, General). He stated' that the Serkins were informed that the Land Use Plan did not allow'that, and that previous actions by the Planning and Zoning Commission and the Board of County 'Commissioners led one to believe that they would not be successful in that rezoning. He stated that an alternative would be to change the Land Development Code so that car washes would be allowed in the' current zoning, CN (Commercial Neighborhood), He' stated that the Ser~s submitted a petition for that purpose. However, Staff.had evaluated. this sRuation and came up with a different recommendation. Mr. K~lly stated that the Serkins wanted the car washes in CN (Commercial Neighborhood) as permitted uses, Mr. Kelly stated that if this was adopted, then every area zoned .CN would be eligible to have a car wash.- He stated that althOugh the~ subject property may be appropriate, not every par~~6ned CN in the County may be. He stated that a better solution would, be to allow them as conditional uses, He, stated that. in order to establish a guideline, staff composed a list of conditions, to protect people in residential areas. Mrs. Serkin agreed to the list of. conditions and the reasons .for those conditions,, but asked for clarification of the whole process. Mr. Kelly stated that the recommendation is 'to .deny what the Serkins applied for, but to approve a modification, which' is to approve car washes 'as conditional uses with standards. Mrs. Serkin stated that there would be no contamination of water, that they will have a city water ihook up. 12 Ms. Patricia Ferrick'of.4802 S. 25th Street stated that she appreciated the petitioner for being so: cooperative, with staff and~ the ~neighborhood. Ms.' FerriCk stated that she was repress:ming the homeo~ers.~o£ the North Fork and the White .City Improvement Club. Ms. F{,mck stated that her letter read that they did not approve of car washes as a Permitted Use in CN (Commercial, 'Neighborhood). Zoning. She stated that some of the homeowners h' the area of the .subject~property :stated that the car wash be considered as ._ _ a Conditional Use. Hearing :no fu~her arguments' in favor of or in opposition to the petition, Chairman Klein closed the publiC portion of the ~hearing. Mr. M/~ .asked if the Serkins will have to submit a' second petition once this one has been heard by the County Commission. Mr. Kelly stated that they would have to submit another petition to obtain the Ccrriditional Use. He stated that ,they wanted to add to. Commercial. Neighborhood, a line that.says "serf- - service car washes are COnditional'Uses, subject to "and list the standards. Mr. Minix expressed concern o~¢er the list of standards being so detailed. He stated that it may be-cause: for concern if the .next business owner could not .exactly .meet those requirements. Mr. Whitley asked why exaCtly 7 car wash bays. 'Mr. Kelly stated that 'the number seemed to be acceptable to the applicant, and be enough bays ~for a residential' neighborhood. Mr. Minix asked what would happen fi.someone wanted to install 15 car wash bays. Mr. Kelly.stated that that s~e operation would more appropriately be located onUS1 in.CG. (Commercial, General) Zoning. Mr. Merritt asked if a I5-foot .landscape buffer was standard. Mr.' Kelly stated 'that a 15-foot buffer was standard in front, 10 in the' rear of the property. Mr. Kelly .stated thru a 15-foot buffer would be standard in a vehicular, use area, such as a car .wash. Mr:~ Coward asked if the Board was to de~ide a proper location also, besides the other standards involved. 13 ? ~, Kelly stated that it was, and it was always understood as beingso, that is why it does not appear with'the other~ performance standards. Mr' M'mix asked ff the Ser~ns had any recourse. '.He stated that the petition before the board currently was-.recommended denial by staff. Mr. Kelly stated thru st_afl is recommending denial of car washes in CN (Commercial, Neighborhood) 'Zo~g as 'a Permitted Use, which is not appropriate. He S~tmed that staff - is .reco~mmending that ear washes'be allowed in CN Zoning as a .Conditional Use. Mr. M/~ expressed concern over the fact that it would be required that an attendant .would have to be' on site at all times.' He stated that-at most of the car washes he has been to, there has rarely been an attendant present. Chairman Kle~ agreed with :Mr. Minix. Mr. 'Whitley amended staffs Development Design ~and Improvement. Standards ,list by st~ng number 3, which, stated that there be no more than 7 car wash bays. and 7vacuums allowed. ~He also stated that he would like' to strike number 7, .which requires an attendant to be present at. all times. Chairman Klein asked the Assistant County Attorney to 'advise on ~how to make an appropriate motion in this case. Mr. Jhn l_ancaster, Assistant County Attorney stated that it .would be best tO have a · combined motion; the first part would deny the. petition, and the second part would recommend the carwash as a 'Conditional Use in'CN (Commercial, NeighbOrhood) Zoning. Mr; Minix asked Mr. Whitley if number 5' would also' be.removed from 'the list. Mr. Wlhitley stated that it would"be. Mr. Minix seconded the motion. Chairman Klein stated that the'Board did not :have' a complete' motion, and suggested that a complete mOtion be made, and further discussion .. could .be held, fi.needed. -' Mr. Minix withdrew his second. After considering the testimony presented .,.during the public hearing, -including staff comments, Mr. Whitley moved that the Planning and Zoning Commission recommend the St. Lucie County Board of County Commissioners deny the application-of RObert'Serkin .for to amend the St. Lucie County Land Development Code by amending. Section 3.01.03(Q)(2), Commercial, NeighbOrhood, Permitted Uses,. by adding as a Permitted Use the.construction 14 and operation .of Self-SerVice car washes, with restrictions, in the Commercial, . NeighborhOOd Zoning District, and along ~th .that, accept the petition ~et fo~ by County. Staff :to have . Self-se~ce car washes as a Conditional Use, in..Commercial, Neighborhood. .. Mr. ~itley Stated thru .the ~Board aCCepts the Supplemental. Standards of 7.10.00, with the exception of items 3, 5, and 7. Mr. M~ seconded the'motion2 Ms. Calabrese.asked 'Mr. Whifley if. his motion to strike number 3 included the second part, which stated that all car wash bays :would be enclosed on 2 sides and covered by a permanent roof. Mr. Whitley stated that it Would '.not, it would only include the number of bays and vacuums.-. Mr. 1V.~ agreed to 'that part of the mOtion. ~, Merritt thought that there ~should be a limit .on the number of bays, and did-not want m' stdke number 5~..He also-stated that he felt there should be more discussion on number 3 before a vote was taken. Mr.' Minix asked Mr.-Kelly if each future petition' would be. decided upon as an individual case. Mr.. Kelly stated that thru was 'correct...He stated that the .Developmem .~Design and Improvement Standards were drawn up to create a .guideline for applicants to follow before the Petition was heard. Mr. M~ stated that Mr, Merritt's point.was well taken, but the situation could be rectified on a c~~aSe 'basis, so the '.individual applicant's needs can be met. Mr. Minix stated that' he felt putting the restrictions in on a genetic fashion was unnecess~. Mr. Coward concurred -' with Mr. Merritt on the topics of the number of bays, and the hours of operation. Chaman ~ein concurred with .Mr, Minix on the hours of operation. He stated that he. would like to leave in the first part of number 3, stating the number of bays, so ~that~ the petitioner knows the maximum number allowed at .the time of .planning the business. Mr. Minix stated that if the maxi,~mum ~number of bays is left in the standards,-that if a future. petitioner wants'8 bays instead :of 7, they will have to come before the Planning and Zoning. Board to change the Land Development Code as this petitioner did. 15 Mr-Merritt asked Mr. Kelly: that ff car washes are-permitted as a Conditional Use, will the number of'bays be decided on an individUal basis as the petitioners come forward. Mr. KellY stated that they would, just as with other Conditional Uses. Mr. Merritt deferred to Mr. Minix. Mrs. Serkin stated that she felt that in.a residential area; there would be no-need for more than '7 bays. She stated that there should be a maximum number. Mrs. Ferrick asked ~. Kelly What the restrictions were on Commercial, General. Mr. Kelly stated that there were none. Mrs. ~Ferrick stated that if someone wants a large car wash, they should do it in Commercial, General. Zo~g where they can do whatever.they want. She stated that homeownef~ do not. want their property 'values lowered. She stated .that the hours of operation should be struck ~from the list because, some car wash owners might want shorter busine'ss hours, to avoid problems' and complaints in a residential neighborhood'.' She stated that ff a prospective business owner does not want to meet the restrictions of berg in a residential neighborhood, then they Should relocate to-a more commercial location. Mr. Minix 'made the point that at this time, overly specific regulations should not be made,.. that each.case.should be decided .on. the-location and circumstances, as they arise. Mr- Meffitt asked what the motion was. · Chairman Klein .stated that the motion was to deny' the petition to make a car wash~-a~~' Permitted Use ~ Commercial Neighborhood, and also to recommend to make a self-service car wash .a Conditional Use ~ Commercial Neighborhood, subject to the standards set forth in 7,10.22'except the first sentence of number 3, nUmber 5, and number 7 are recommended. to be qeleted. Chaim~an Klein asked if Mr. Whitley agreed. Mr. Whitley stated that he ~agreed. Chairman Klein asked Mr. M in ix if that was his recollection of the motion. Mr..Mi~ Stated that the first sentence of.number 3 was to be deleted, the second sentence of number 3was to remain. 16 Upon roll call, the' Commission voted 4'2 in' favor of denial. Chairn~an Klein' stated that this petition will be forwarded to the Board of County Commissioners with a recommendation of denial with regard to a Permitted Use, and will with a :reCommendation of approval ~with .regard to a Conditional Use. He stated that it will be. fo~arded with a~ reco~endation of approval with the appropriate standards deleted as indicated ~ the motion. 17 AGENDA ~~M 8: HUTCHINSON-ISLAND REVI~ BOARD Mr. Phil Freeland presented staff :comments. He stated .that:the North .Hutchinson Island Homeowners' AssoCiation requested that St. Lucie County.consider a~set of design ,standards for developments, and a Board to review implementation of these standards. The HomeoWners also requested that th~, Standards and Board be presented to :the Board of County Commissioners for approval. Mr. Fr-eeland stated thru at this time, the Design Review Board will be only for North HutChinson ISland. Mr. Freeland. stated that there was a package being prepared to go before the Board of County Commissioners regarding a landscaping program on the North Hutchinson. Island that ~runs ~om the North bridge to A-I-A, including a bike path. The design board would hear topics, such '.as'this, and decide an action' to recommend to the Board of County Commissioners. He :stated that there are things to.be.taken into consideration, - such as if these improvements ~ be .made, and if so, how they will be funded. He stated that one solution that would be su~ested is that there be an MSBU (Municipal Services Benefit Unit) formed on the North Island to fund them in phases. He stated that the'.Florida Department of Transportation may de, mand some of the improvements from the bridge to A-1-A. Mr.. Freeland stated that the.cost would be $300,000.00, with half of the. money.coming from a grant, and the Other half funded by the MSBU. He-stated that .such a design review board woUld improve the quality of development, but would ~pact people in that it woUld affect their rights in the use of theft property. ~' Mr. Freeland stated that if the Board of County Commissioners .should adopt thi's, it would return to. 'the Planning and Zoning Commission at a future date as part of the-Land Development Code. He-stated that this will not have any impact on any existing development. Mr. Freeland stated that ff ~the Design Review Board was approved, it would be a board very similar to: the Planning and ~Zoning Commission. He stated that it would have the authority to approve, disapprove, or attach conditions to anY architectural design plan that came before them. Chairman Klein-asked if prospective bUilders'~wou~d~have to have their plans approved by this board before they ~obtained-their permits to build. 18 Mr.. Freeland Stated this .was correct. Chairman ~ein noted .that it would add extra cost to the building process. Ms, Calabrese stated, that the White City Project did not turn out as well as expected. Mr. Fr.eeland stated 'that there ~had to be some sort of guidance, or things would become too arbitrary. ~ .... - ~- Mr. Mink noted that .developers, that want to SeII in a slow market, as a rule of thumb, offer an attractive product anyway, and they do not need a design review board. Mr. Coward stated that a lot .of the items in the preliminary draft .are redundant of things in the I~nd Development Code. He stated that the procedure could be .simplified if those items are removed. Mr. Minix suggested letting-the County COmmission appoint the members of the Board. 19 AGENDA ITEM 9: PRELIMINARY ANNUAL REPORT - 1996 OUTLINE OF PETITIONS Mr..David Kelly stmed that the members receiVed a list of petitions that were heard, and the results of each petition. There was general discussion on variOu~ petitions heard. Mr. Kelly stated that this was a good starting point for the members-if they would like to add comments. Ms. Calabrese requested that we also list the purpose of each petition. Mr. Minix asked if any further action had been taken on Fort Pierce Speedway. Mr. Kelly stated not at this time. There being no ~rther business, meeting adjourned 8:30 P.M. 20 -PLANN~G ,AI~. ZONING COMMISSION REVIEW: 02/20/97 File Number RZ-97-001 M ,,E M O R A N,DU ,M DEPARTMENT rOF COMML/~5~ DEVELOP~NT FROM: DATE: .'FUTU]~ ~ USE: PARCEL SIZE. Planning and Zoning Com~ssion Pla~g Manager~~.~ February 13, 1997 ApPlication of West River Paeldng, for a Change in Zoning from AR-1 'to IL (Industrial, 'Light) Zoning for property located at'3034 ~North Highway, on-the east side of North ~gs ~ghWay, ¼ mile north of St. Lucie Bo~evard. - The subject property is located ~at 3034 North.Kings Highway, on the east side of North Kings Highway, .approximately ¼ mile north of St. Lucie Boulevard. IL(InduStrial, Light) . MXD,Airport ~ (Mixed Use-. Development' '- :Airport, SPecific Use Area COM/iND) 1.91 acres PROPOSED USE: Addition to an existing Citrus Fruit Pacldnghouse SURRO~~G ZONING: The'parcels to the immediate north and east .are zoned ~AR'I (Agricultural, Residential- 1 alu/ac). The parcel to the south is 'zoned CG (Commercial, General), and across Kings Highway to ~the west is zoned AG-1 (Agricultural- i du/ac). S~O~ING LAND ,USES: ~ 'The Future Land'Use designation surrounding the parcel h MXD-Airport (Mixed Use Development- Airport). To the north is an existing repair, se~ce s_hop. -The .. '. land to the south and east is vacant and' .citrus groves February 20, 1997 Petition: ~Page 2 West River Packing File No: RZ-97-001 exist :to the west. ~MS PROTE~ON: Stamina #4 (4000 St. Lucie Boulevard0, approximately PA miles to the east. is located ~ITY SERVICE: Water and sewer service will be provided by St. Lucie County Utilities. TRANSPORTATION IMPACTS RI OF-WAY SCFIF~DI~ED IMPR ~VE~S. ~ting fight-of-way for ~Kings Highway-is 60 feet, - · The existing paCkinghouse is :approximately 25' east .of the Kings Highway paving. Furore ~dening:of Ydngs Highway may result in the need tO remove all or a Portion of this structure. In reviewing, this- apPlication for ~proposed rezoning, the ~Planning and ZOning Commission shall'-consffier and make the fOllowing deterrn_inations:' IL. Whether the proposed rezo~g is in conffict-with· any applicable portions of the St. LUcie County Land Development Code; The proposed zoning~ district is consistent with the St. Lucie-county.Land Development Code and SpecifiCally has .met the standards of-11-06-03-'~:The ~ (~dUstrial, Light) ZOning .is compatible with Development- Airport,. Specific Use Area COM/IND) Future ~ clasSffication ..... - .~.~ ...... ~ ..... ~.. I Whether the ~proposed amendment is consistent ruth aH elements ofthe St. ~.' Lucie ~.ounvy'~'--' ~' sive Plan; ' '~ . ." . . .~ , . ~.,_.. .... .. February .20, 1997 Page 3 Petition: West River Pacldng File NO: RZ-97-001 'The proposed change in zoning is consistent with all elements of the St. Lucie - C0unty ~ ComprehenSive Plan. Whether and the extent to whiCh the proposed zoning is 'inconsistent with the existing and proposed land uses~- The .proPosed zoning is consistent-with the existing and ~propOsed land uses in the area. o o ~ether there have been changed conditions that require an. amendment; Conditions have not changed so as to require an amendment. Whether .and the extent to which .the proposed amendment .would result in demands ~on public '' facilities, and whether .or to the.. extent ~ w~ch the pro~sed amendment would exceed of such facilities, g but not limited to transportation supply, drainage, schools, solid waste, mass transit, -there are: adequate public facilities in the'area to sUpport.such'd ment~ ~Whether and.the extent to.which the proposed amendment would result in significant adVerse impacts on the natural environment; The propoSed amendment is not anticipated to create adverse impacts ~on the natural environment. Whetherand the extent to which the proposed amendment would result in an orderly and lOgical development pattern specifically identifYing any negative .affects of. such patterns; An orderly and lOgicaI~ development pattern 'will .occur with ~this change in zoning. Whether the ~.proposed amendment would be in conflict' with-the public ~tereSt, and is in harmonY with the pu~se and intent~of~this Code; Feb~ary 20, 1997 Petition: West River Packing File No: RZ-97-001 ® ' is consistent with all elements .of the' St' Lucie ~ether ,and the extent to which the Proposed zoning is inconsistent With the e The proposed zoning is consistent with the existing and proposed land uses. in the .area. ~Whether there have been changed conditions that ~req~ an ~amendinent4 CondRions have not changed so as to requ'me an amendment. Whether. ~ and the extent .to :whiCh the proposed amendment would~ result in e' . - · ' · · ~ - d~ mantis ',on public ~facilities, and whether-or to the extent to. whiCh'the proP°s~, would: exceed :the capacity of such fa,c''',!ffries, inClud~g but not Hm!ted to transportation facilities, sewage '. water drainage, schools, solid waste, mass transit, and there are, adequate pUblic facilities ~the area~m :support e Se The proposed amendment is not anticipated to create adverse' impacts on the natural environment. Whether and the extent to which the proPosed amendment would.result in an orderly~and lOgical development pattern specifically identifying any negative affeCtS of such patterns,. . An 'orderly, and logical development pattern '~ occur With this change in zoning. .~ Whether the propoSed amendment Would be in conflict with~the public interest, and is in:harmonY-with the p~se and i~teiivOf:this:~Code; February 20, 1997 Page 4 Petition: West.~River packing File No: .~-97-00i notbe in conflict with the public interest and with the.p~rpose and' intent of the ~St. Lucie__County Land COM~~~S of St- The p er, West River Packing, has requested this change in zoning from ~-1 Residential ,:to IL (~dustrial, Light) on property located at 3034 of North ~Highway, approximately ¼ ~e north on to an .existing citrus~ flan't IAght) ~~g district. _ ~ The 'is currently a non-conforming' 'use in '.the .AR-1 ' District and is, therefore, not permitted to would or : is aB , zoning. Rezo~g'the parcel to IL ~contMue.the P use's status as a nonmnfo ~ ~rmJng use and would use. not be · ~vould permitted and within a ~.lan~aping, and environmemal protection. Staff'has' reviewed ~t~ petition and detemMed ,that it conforms.with the standards- of review as set forth :~ Section '11.,06,03 of the St. Lucie 'County ~d~DeveloPment Code and is not-in conflict 'and policies of .the St. LUcie County Comprehe~ive Plan. you forward this petitiOn m the Board of County CommisSioners ~~a recommendation of approval. Please contact this office if you have any questions on this matter. Attaclunents mw ~File Suggested motiOn, to recommend approval/de~al of this requested change in Zoning. A~ER 'CONSIDERING THE ~TESTIMONY PRESENTED DURING THE PUBLIC HF_~RING, INCLUDING STAF~F COMMENTS, AND THE STANDARDS OF~ REVIEW AS Sk-l' FORTH IN SECTION 11,06,~03, ST. LUClE COUN~ LAND D~ELOPMENT CODE, I HEREBY ~MOVE THAT THE P~NNiNG AND ZONING COMMISSION RECOMMEND THAT THE ST. LUClE COUN~ BOARD .OF COUN~ COMMISSION~ERS GRANT APPROVAL TO THE APPLICATION .OF "WEST RIVER PACKING, FOR A CHANGE IN ZONING FROM AR-1 (AGRICULTU~L RESIDENTIAL- I DU/AC) TO IL (INDUSTRIAL LIGHT) ZO61.~.. G. BECAUSE ... [CITE ,REASON WHY - PLEASE BE SPECIFIC]. MOTION TO DENY: A~ER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC H~RING, INCLtJDING~.STAFF COMMENTS, ~AND THE STANDARDS'OF'REVIEW AS .SET FORTH~.:_-~: ~sT, LUOIE MO', E THAT THE PL~NNI~~D ZONING OOMMISSION RECOMMEND THAT THE SI.' LUClE-CO.UN~ ~BOARD OF COUNTY COMMISSIONERS DENy THE APPLICATION~ OF" WEST RIVER PACKING, FOR A-CHANGE IN ZONING FROM: AR-1 (AGRICULTURAL, ~RESIDENTIAL- 1 DU/AC) TO IL (INDUSTRIAL. LIGHT) ZONING. BECAUSE ... .[CITE REASON WHY- PLEASE BE SPECIFIC]. T 37 S OKEECHOBEE COUNTY T ,~6 5 T 35 S T 3't $ 0 ~ 0 0 0 c-~- C '3 \ G st River P . ack~ n,g RZ 97-001' N~ AG 1 2.48 Ac CG (3~t~-000/4) 7.03" Ac fSZZ~2..O00/4,1 -"~. 1.63 Ac ~323-0001~/0~ R-1 r321-o(~2.ooo/i) 21.92 Ac CG ~330-0000-000/5) 37.46 Ac River Packing RZ 97 ...... 001 .U'SE 2.48 Ac ($,?.1'0001-~/4) 7.0.3 Ac 1-63 Ac 1.63 Ac (321-1:X)02-00011) 21.92 Ac (323-0001-000/0~ 1..38 Ac '(13261-411-t:K)02-000/0) 81,54 Ac MX'D AIRPORT (33~-000/5) 57.46 Ac AGENDA- PLANNING & ZONING COMMISSION THURSDAY, FEBRUARY'20, 1997 West ~ver Packing has petitioned St. Lucie County for a Change in Zoning from AR.1 (Agn'cultural . I du/acre) to IL (Industria~ LighO Zoning for the follOwing described property: SEE A ITA CriED, LE GAL DES CRIP TION ~ (Lo.~ 'ation: 3034 North Kings. Highway, East side of Kings Highway,-approxiamtely 1500 feet North of St. Lucie Boulevard) 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 Agen~ with respect to any matter considered at such meeting or heating he will need a record of the proceedings, and thag for such purpose,' he may need to ensure that a verbatim record of the proceedings ~ made, which ~record includes the testimony and evidence upon which the appeal '0 ' · is to be; based. 'Upon the :request of any party to the pr, ceeding individuals testifying dudng a hean'ng 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 publtc heating will alSo be considered. Pnbr to this public heating notice of the same was sent to all adjacent property owners Februa~y 10, 1997. Legal notice was published in the Port St. Lucie News and The Tn'bune, newspapers of general circulation in St. Lucie County, on February 7, 1997. File No. RZ-97-O01 I ST. LUCtE COUNTY PLANNING AND. ZONING :COMMISSION pUBLiC HEARING AGENDA FEBRUARY 29, 1997 TO WHOM iT MAY CONCERN: NOTICE is hereby given in accor- dance with Section i t.00.03 of the St. Lucie County Land Deyelopment -Code and 'in accordance with the ~rovisions of the .St. Lude County Comprehensive Plan,. that the lowing applicants have requested that the St. Lucie County Planning and Zoning Commission consider their requests os-follows: 1. Civil Aviation Academy, inc., has petitioned St. Lude County for a Change in Zoning from IL ltndustri- al, Light) to U (Uti|ities) Zoning for the followin~, described property: SECTIO'N 30, TOWNSHIP 34 SOUTH, RANGE '40 EAST. FROM A POINT 200 FEET SOUTH OF THE INTERSECTION OF THE CENTERLINE OF THE N-S AND NE, SW RUNWAYS OF THE ST. LUCIE COUNTY AIRPORT, SAID 'POINT BEING 1,082 FEET MORE OR LESS NORTH AND 1,385 FEET MORE OR LESS WEST OF THE SOUTHEAST CORNER OF SAID SECTION, RUN WEST 750 FEET FOR THE POINT OF BEGIN- NING; THENCE RUN NORTH AND . PARALLEL TO "[HE N,S RUNWAY 970 FEET; THENCE RUN WEST 450 FEET; THENCE RUN .SOUTH 970 FEET; THENCE RUN EAST 450 FEET; THENCE RUN SOUTH 970 FEET; THENCE RUN EAST 450 FEET TO' THE POINT OF BEGiNNiNG. (Location: East side of Hammond Road, along an. access easement, approximately 1200 feet .North of St. Lucie Boulevard. St. Lucie County Airport} 2. West River Packing ~has peri- tioned St. Lucie County for a Change in Zoning from AR, I (Agri- cultural, Residential. t du/acre) to il (Industrial, Light) Zoning for the' following described property: NORTH 277.4 FEET OF THE I. SOUTH 327.4 FEET, A.S MEA- SURED ON THE EAST UNE OF · KING'S HIGHWAY, OF THE EAST 300 FEET OF THE WEST 371 FEET i OF THE NORTHWEST !/4 THE SOUTHWEST 1/4 OF SEC-i TION 25, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUClE COUNTY. (Location: 3034 North Kings High- way, East 'side of Kings .Highway, approximately t500 feet North of St. Lucie Boulevard) 3. ~Glenn and Giovanna Rappaport ! have petitioned St. Lucie County ~or a Conditioned Use Permit to allow a Bed and Breakfast Estab- lishment in HIRD Zoning for the roi-, lowing described Droperty: SECTION 23, TOWNSHIP 34, ! RANGE 40, THE EASTERLY j 675.00 FEET AS MEASURED' ALONG THE NORTHLINE, OF THE SOUTH 100.00 FEET OF THE NORTH 700.00 FEET, LYING WESTERLY OF NORTH STATE: ROAD AtA OF THE 1/4 OF SEC- , TION 23, TOWNSHIP 34 SOUTH, I' RANGE 40 EAST, ST. LUCtE! COUNTY. (Location: 3851 N. AIA, Fort: 'Pierce, FL} PUBLIC HEARINGS will be held in Room 101, St. Lucie County Admin- istra.tion BUilding, 2300 Virginia Avenue, Fort Pierce, Florida on February 20, 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 com-. mission with respect to any matter' considered at a meeting or hear-i lng, he will need a record of the j proceedings, and that, for such: purpose, he may need to ensure that a verbatim record of the pro- ceedings is made, which record includes the testimony and evi- dence upon which the,appeal is to be based. PLANNING AND ZONING COMMISSION ST. LUCtE COUNTY,-FLORIDA /s/ROBERT KLEIN, CHAIRMAN PUBLISHED: February 10, 1997 PLANNING ~ ZONING CO~ISSION REVIEW: 02/20/97 File Number CU-97-002 MEMO RAND~U~,M DEPARTMENT OF COMMUNITY DEVELOPMENT TO: FRO1V[: DATE:: Planning and Zoning Commission Planning Manager (~ February 12, 1997 SUBjIaCT: Application of Glenn and Giovanna Rappaport for a Conditiohal Use Pemit to allow a 'Bed and Breakfast Estab~hment in :HIRD (Hmc~son Island Residential District) Zoning District on North HutchinSOn island. LOCA~TION: 3851 No~h SR A-1,A.. West side of North SR A-l-A, approximately 150 feet south of Los Olas Avenue. ZONING DESIGNATION: HIRD (Hutchinson Island Residential District) LAND USE DESIGNATION: RM (Residential Medium) PARCEL S~: 2.15 acres PROPOSED USE: Bed and Breakfast Establishmem SURRO~ING ZO~G: HIRD (Hmchinson Island Residemial District) Zoning to-the north, south, and east. I (Institutional) Zo~g to the west. SURRO~ING LAND USES: The existing land use surrounding the subject property is residential and vacant. FIREfEMS PRO~CTION: Station #9 (3595 North Sr A-l-A) approximately ½ mile to the south. is located UTILI~ SERVICE: Water, and' sewer service is provided by. St. Lucie County Utilities. February 20, 1997 Petition: Glenn and Giovanna Rappaport File No.: CU-97-002 ~GHT-OF-WAY SCHEDULED IMPROVEMENTS: The existing fight-of-way for North SR A-1-A is 100 feet. None at 'this time. DOCUMENT ~QUIRED: Certificate of Capacity. STAND~S-OF REVIEW AS SET FORTH IN SECTION 11.07,03, ST. LUCIE COUNTY LAND D~LOPMENT CODE In reviewing this application for .proposed Conditional use, the Planning..and Zoning Co--fission shah consider and make the following detem~nations: lo ~ether the. proposed conditional :use is in conflict with any applicable portions of the SL Lucie County Land Development COde; The Proposed .conditional use is not. in conflict. With any applicable " portions of the: St. Lucie .County I~nd Development. Code. Section 3.01.03(AA)(7)i H~ (Hutc~ ~hinson Island Residential District) ZOning Dist~ct, allows bed and as. conditional ~uses subject to the requirements of Residences. 0 Whether and the extent-to which the ~proposed conditional use would have an adverse impact on nearby .properties;. The proposed conditional use is not expected to adversely impact the surroUndhag properties. The subject property is located across North SR A-1-A :~om an~ area of high rise residential .condominiums. e 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 ~ansit; · This c°ndifional~ use is not expected to create significant additional demands .. on any public.,facilities in t~s .area. The structure in'which the proposed Februa~ 20, 1997 Page ~' Petition: Glenn and Giovanna Rappaport File No.: CU-97-002 ~conditional use ~ be located was pe _rrnitted and' constructed as a 4 unit multiple family building. _ .. ~ ~ether 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 bed and breakfast establishment must comply.~th aH state and federal regulations concerning its opermion. COMmeNTS The apPlicants, Glenn and Giovanna Rappaport, rhave .applied for the requested conditional use in order .to ~operate a bed .and breakfast establishment from theft proPerty located at 385:1 No~h ~SR A-I-A, west side of North SR A-I-A, approximmely 150 feet:south of Los Olas Avenue ~ 'H~ (Hutchinson Island ReSidential .Dist.~ct) Zc~ning. Bed and t, conditional uses in this .zoning district upon approval of The app~cants ~e: proposing to rent three eXisting rooms.on the subject propertyas bed and breakfast units. They ~ be'available year-round, 'the appli~ts have been operating as the Villa Nina Inn and recently learned that a conditional use pemit was required to operate a Bed and Breakfast ~ .at this 'loCation. "~fhff"fi~ds 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 t~s petition to the Board of .County Commissioners with a recomnlendation ~of approVal. ~No special conditions have been recommended. The requkements of Section 7.10.20 Bed and Breakfast Residences-apply to this project. Please contact t~s office if you have any qUestions on this matter. Attachment hf (- cc: zounty Administrator zoun~. Attorney Glenn and Giovanna Rappaport File Suggested. motion to recommend approval/deffial of this requested conditional use. AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HF_.~RING, INCL1JDING STAFiF 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 COUN~ COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF 'GLENN AND GIOVANNA RAPPAPORT, FOR A CONDITIONAL USE PERMIT TO ALLOW A.BED AND BR~KFAST ~ESTABLISHMENT'IN HIND (HUTCHINSON ISLAND RESIDENTIAL DISTRICT) ZONING DISTRICT' SUBJECT TO THE FOLLOWING CONDITION(S)... [LIST CONDITION(S)] A~ER' CON.$1DERiNG 'THE TESTIMONY PRESENTED DURING,THE PUBLIC HEARING, INCLUDING STAFF.COMMENTS, AND~I!;I~,ST~NDARDS OF REVIEW AS SET FORTH IN SECTION '11.07,03, ST. LUCIE CO. UN~ ~ND D~ELOPMENT GO'DE, .! HEREBY MOVE THAT:THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE SI. LUCIE couN~ :BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF GI, ENIN AND GIOVANNA FIAPlaAPOFIT, FOR A CONDITIONAL USE PERMIT TO ALLOW A BEID AND BR~'KFAST ESTABLISHMENT IN HIND (HUTCHINSON IS~ND RESIDENTIAL DISTRIC~ ZONING DISTRICT... BECAUSE... [CITE REASON(S) WHY- PLEASE BE ~SPECIFIC] 0 0 ~ '0 S I~£ J. S S£ .t. S 9£ l ~JNNOO 3380H033~0 S i£ l . - _ [.1_1 i i i .AGENDA - PLANNING & ZONING COMMISSION THURSDA Y, FEBRUARY 20, 1997 Glenn and Giovanna Rappaport.have petitioned .St. Lucie County for a Conditional Use Permit to allow a Bed a~.Breakfast Establ~hment in HIRD (Hutchinson Island Residential D~tn'c0 Zoning for ~the following descn'bed property: SEE .4 TTACHED LEGAL DESCRIPTION (Location: 3851 N. A-1.A, Fort Pierce, FL) Please note that all proceedings before the Local Planning Agency are electronically recorded. Ifa person decides to appeal any decision made by the Local Planning Agency with respect to any matter considered .at such meeting or heatin~ he will need a record of the proceedings, a~ 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 heating will be SWorn in.. Any party to the proceeding will be granted an ..opportunity to cross- examine any individual.testifying during a heating upon request. Written comments received in advance, of the public hearing will .also be considered. Pn2~r to th~ public hearing, notice of the same was sen~ to all adjacent property owners February 10, 1997. Legal notice was published'in the Port St. Lucie News and The Tribune, newspapers of:general circulation inst. Lucie County, on February 7~ 1997. File No. CU-97'002 ST:"LUCtE COUNTY PLANNING AND ZO'NtNG COMMISSION PUBLIC HEARING'AGENDA FEBRUARY 20, 1997 TO W.HOM IT MAy CONCERN: NOTICE is hereby given in accor- dance with Section i i.00.03 of the St. Lucie COunty Land Development Code and in accordance .with the provisions: of ;the -St.. Lucie County Comprehensive Plan,: that the fol- iowing ,applicants have requested that the St. Lucie COunty Planning and Zoning Commission consider their recluests as 'follows: i. Civil Aviation Academy, Inc., has petitioned. St. Lucie County for a ,.,'hange m .Zonmg .from IL (industri- al, Light) to U (Utifitles) zoning for the fc]ltoWing desCribed pr°pe~: SECTION '30, TOWNSHIP 34 SOUTH, RANGE 40 'EAST. FROM A POINT 200 FEET SOUTH OF i THE INT:ERSECT!ON OF THE CENTERLINE OF 'THE' N,S .AND NEzsw RUNwAYs OF' 'THE ST. LUCtE COUNTY AIRPORT, SAID POINT BEING i,082' FEET 'MORE OR LESS NORTH AND 1;385 FEET MORE OR LESS WEST OF THE SOUTHEAST CORNER OF SAID sEcTiON, 'RUN WEST ZS0 FEET FOR THE POINT OF BEGIN~ NtNG; THENCE RUN NORTH AND PARALLEL TO THE N,S RUNWAY 9'70 -FEET; THENCE J RUN WEST 450 .FEE~'; THENCE J RUN sOUTH 970 FEET; THENCEJ RUN EAST '450 'FEET; -THENCE ! RUN SOUTH 970 FEET; THENCE J RUN EAST 4'50 FEET TO THE/ POINT OF BEGINNING. (Location: East side of; Hammond Road, along an access easement, approximately 1200 feet North of St. Lucie Boulevard. SL Lucie County Airport} 2. West River Packing has peti- tioned St. Lucie County for a Change in Zoning from AR.1 (Agri- cultural, Residential - 1 du/ocre) to IL (industrial, Light) Zoning for the following described property: NORTH 277.4 FEET OF THE SOUTH 327.4 FEET, AS MEA. SURED ON THE EAST LINE OF'. KINGS HIGHWAY, OF THE EAST 300 FEET OF THE WEST 371 FEET ' OF THE :NORTHWEST 1/4 OF' THE SOUTHWEST 1,/40~: SEC: TION 25, TOWNSHIP 34 SOUTH, RANGE :39 E~'ST, :"ST. LUCIE COUNTY. '(Location: 3034 'North Kings Higt~- way, East side;Of .Kings Highway' approximately 1500 feet. North of St. Lucie Boulevard) 3. Glenn and Giovarnna Rappaport have petitioned St. LuCie rCOunty for a 'Conditioned Use Permit to allow a Bed .and Breakfast Estab- i;shment in 'HIRD Zoning for the fat-; ioWing described property: SECTION 23, TOWNSHIP 34, i RANGE 40, THE EASTERLY j 675.00 FEET AS MEASURED, ALONG THE NORTHLINE, OF THE SOUTH 100.00 FEET:OF THE NORTH 700,00 FEET, LYING WESTERLY 'OF NORTH STATE~ .ROAD A1A OF THE 1/4 OF SEC- 1 TION .23, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY. (Location: 3851 N. A1A, Fort Pierce, FL) PUBLIC HEARINGS will be held in~ Room 101, St. Lucie County Admin- istration Building, 2300 Virginia Avenue, Fort Pierce, Florida on February 20, :i997, beginning at 7:00 P.M. or as Soon thereafter as possible. PURSUANT TO Sedion 286.0105, Florida Statutes, if a person decides to appeal any decision i made by a board, agency, or cam-. mission with respect to any matter: considered at a :meeting or hear-i lng, he will need a record of the J proceedings, and that, for such: purpose, he may need to ensure that a verbatim record of the pro- cee<tings is 'made, which record inCludes the testimony" and evi- dence upon which the appeal is to be based. ~ ....... ": PLANNING AND ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA /s/ROBERT KLEIN, CHAIRMAN PUBLISHED: 'February 10, 1997 PLANNING AND ZONING coMMIsSION ~~W: 02/20/96 File. Number RZ'97-003 M EM,,O RAN D U-M _ DEPARTMENT OF COMMUNITY DEVELOPME~ TO: FROM[: DATE: Planning and Zo~g Commission Planning Manager ~L .February 12, 1997 .:-~ Application o fI Civil Aviation Academy, Inc.,for a Change in Zoning ~ from: ~ (IndUstrial, Light) to U (Utilities). LOCA~HON: East side of Hammond Road, along an access easement, approximately 1200 feet north of St. Lucie Boulevard. EXIST~G ZO~G: (IndUstrial, Light) PROPOSED. O~G: Z U (Utilities) T/U (TransportationfiJtilities) PARCI~L SIZE: 10.02 acres PROPOS~ USE: Flight School SURRO~ING ONiNG. Z· . ~ 'U (UtilitieS) Zoning to 'the east, south, and north~ IL (Industrial, Light) Zo~g to the west. RMH-5 · (Residential, Mobile Home -: 5 du/acre) Zoning is located to the southwest.' The general existing use surrounding the property is residential to the west and the St. Lucie County International Airport to the east. The Future Land Use Classification of the surrounding area is TFLi (Transportation/Utilities) to the north, south, and east. IND (Industrial) to the west. FIRF_~MS PROTECTION: ' Station #4 (4000 St. Lucie ~BoUlevard), approximately: ~ ~e to the east. is located Febma~ 20' 1997 Page 2 Petition: Civil Aviation Academy, Inc. File No: RZ-97-003 TRANSPORTA~ON IMPACTS RIGHT-OF'WAY ~ADEQUAC~: Water and sewer service will be proVided by St. Lucie Coumy Utilities. The existing~ right-of-way for St. Lucie Boulevard is 80 feet. The existing, fight-of-way for Hammond Road is 60 feet. None. Concurrency Deferral Affidavit. ,STANDARDS: OF REVIEW AS S~ FORTH IN SEC~TION 11.06.03, ST. LUCIE ~COUNTY LAND DEVELOPMENT' CODE In reviewing t~s 'app~cation for proposed rezoning, the Planning-and Zoning CommisSion ~sh~ c~nsider and make the following deterxninafions: ie ~ether the proposed rezoning is in conflict with any applicable portions of the St." ~ ~" ~ ~ Lucie-County Land Development Code; The proposed .zoning dist~ct is consistent with the St. 'Lucie County Land Development Code and specifically has met standards of 11.06.03. Whether the proposed 'amendment is consistent with aH elements of the St. LUcie County Comprehensive Plan; The proposed change.in zoning is consistent with all elements of the St. Lucie County COmprehensive Plan. The request is. compatible with the T/U (Transportation/Utilities) Future Land Use classification, which allows Utilities ZOning. February 20, 1~997 -page~3 Petition: Civil Aviation Academy, Inc. File No: RZ-97-003 ® Whether and the~extent to. which the proposed zoning.is inconsistent.with the exis~g and proposed land uses; The pr0posed'z0ning ~ consistent with the existing and' proposed aviation land uses in the area..The parcel is a part of the St. Lucie County ~temational Airport property. The acm~ airport is located to the immediate east of the sffOj eot property. ~ether there .have been changed conditions 'that require ~an amendment; Con~tions have not changed so as to require an amendment. ~Whether and the extent to which~the proposed amendment would result demands on'Public facilities, ~d whether or to the extent to which the e ® supPlY, parks, d ' ' ramage, schools, solid waste, mass transit, and emergency medical facilities; The intended-use for this rezoning is not expected to creme significant additional demands on any public .facilities .in this area, Any development will need to demonstrate that there are adequate public .facilities in the area to support such develOpment. Whether. and the .extent .to which the 'PropOsed amendment would result in signifier adverse impacts on the natural environment; ~e proposed amendment is not amicipated to create adverse impacts on the natural environment. No environmenta~y sensitive flora or.fauna are known to be on t~s site. Any'~mre development of this site ~ be required to comply Mth aH state and local environmental regulatiOns. Whether and the extent to which the proposed amendment would result in an orderly.and 'logi~l. development ~pattern specifically identifying' ' any negative affects-of such patterns; An .orderly and logical development pattern will. occur with t~s Change in ;~zoning. The .surrounding parcels of property are generally used for aviation. This parcel is a part of the County's airport. February 20, 1997 Petition: Civil Aviation Academy, ~c. File No:. RZ-97-003 8. r Whether the proposed.amendment wOUld be in conflict with. the public .interest, and is in harmony ~th the purpose :and intent of this Code; _ The :proposed.amendment would not be in conflict with the public interest and is in harmony Mth the purpose and intent of the 'St. Lucie County 'Land Development COde. The.petitioner, Civil Aviation Academy, Inc., has requested this changeS~ zoning from IL (~dUstrial, 'Ligh. t) to U (Utilities) Zo~g on 10.02 acres of property located on the east side of ond' Road 1200 feet north of St. Lucre Boulevard.. ~e applicant is proposing to lease this' establish a flight ~ schoOl on the site. ~e site is the Cowboy ClUb of St. Lucie County. ~e app~cant has submitted a site for approval, however, no approval may be granted until the zo~g is'changed to be compatible ~th the proposed use. Staff has reviewed t~s petition and determined that it conforms with the standards of review as set forth.in SeCtion 11'06.03 of the St. Lucie County Land Developmem Code and ~ not ~ conflict with the gOals, objectives, and policies, of the St. Lucie County ComprehenSive plan. ~Staff is recommending thru you forward t~s petition to the Board of Counq? .CommisSioners with a recommendation of approval. Please comact this office if you have any questions on this matter.. Attactmlents cc: County Administrator Maurice Warren File Suggested motion to recommend approval/denial of t~s requested change in zoning. A~EtR CONSIDERING THE TESTIM.ONYPRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS,' AND THE STANDARDS OF REVIEW AS SET FORTH IN' SECTION 11,06,03, ST. LUClE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE'.' THAT THE:P~NNING AND ZONING COMMISSION RECOMMEND THAT. THE ST. LUCiE COUN~ BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE .APPLICATION OF CIVIL AVIATION ACADEMY, INC., FOR A CHANGE IN ZONING FROIVI IL (INDUSTRIAL,.~LIGH~ TO U (UTILITIES) ZONING. BECAUSE ... [CITE-RF_~SON WHY- PLEASE BE SPECIFIC]. A~EFt CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS .OF REVIEW AS SET 'FORTH IN'SECTION 11.06.03, SI. LUClE COUN~ LAND DEVELOPMENT CODE, I HEREBY MOVE; THAT THE P~NNING AND ZONING COMMISSION RECOMMEND THAT THE ST.- LUCIE COUN~ BOARD OF COUN~ COMMISSIONERS DENY THE APPLICATION OF CIVIL,AViATION ACADEMY, iNC., FOR A CHANGE IN ZONING FROM IL (INDUSTRIAL, LIGHt) TO U (UTILITIES) ZONING. BECAUSE ... [CITE REASON WHY- PLEASE BE SPECIFIC]. OKEECHOBEE COUNTY T 37 S T 36 S T 35 S T 34 S NG R cademy, 97-003 F.P.F.D.D. 5.2O Ac ~3//,00/0,000/£) . Inc. 12;3.5 Ac CANAL NO. 25 / / (143-0001-000/1) t42.1'0001-000/4~ 10.00 Ac (313-0002-000/9 U W W DEANNA LANE 8 ? 6 =, . z / AMY LANE MARGARET ANN LANE RM~H-5 tl31-0001-000/4~ TL - 230.75 Ac 218.68 Ac t,i.J T ~ND- US RZ 97-OO3 emy, Inc. 8 ?'6 Z I 8 ? 6 i -5 ~4 . ~ 8 ? 6 5 $ £ ' I AGENDA - PLANNING & ZONING COMMISSION ~URSDA Y, FEBRUARY 20, 1997 7:00 P.M. Civil AVia~on Academy, Inc..has petitioned St. Lucie County for a Change in Zoning from IL (lnd~tn'al, Light) to U (Utilities) Zoning for the following described property: SEE ATTACHED LEGAL DESCRIPTION (Location: East ~Ute of Hammond Road, ~ng an access easement, approximately 1200 feet North of St. Lucie Boulevard..St. Lucie County Airport) Please note that ..all proceedings before the Local Planning Agency are electronically recorded, lf .a person decides to: appeal any decision made by the Local Planning Agen~ with respect .to any matter cons.~~d at .such meeting or heating, he will need a record :of the procee, dings, and that, for such purpose, he .may need to emure that a verbatim record-of the proceedings .is made, which record include~ the testimony and evidence upon which the.appeal is to be ~ ~ ~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 i .ndividual testifying~during a hearing upon request. Written comments received in advance of the public heating will also be considered. Prior .to th~ pUblic heating notice of the same was sent w all adjacent property owners February 10, 1997. Legal notice-was published in the Port St. Lucie News and The Tribune, newspapers of general circUlation in St. LUcie County, on February 7, 1997. File No. RZ.97.003 ST. LUCiE couNTy PLANNING AND ZONING COMMISSION PUBLIC .HEARING AGENDA FEBRUARY 20, 't997 TO W:HOM tT MAY CONCERN: NOTIC~ is hereby given in accor- ,dance with section tt.00.03 of the S:. Lucie County Land Development Code and in accordance with the provisions of .the St. Lucie County Comprehensive. Plan, that the. fol- lowing applicants have requeSted that the St. LUcie County Planning and 'Zoning :Commission consider.. their requests Os fOllOWS: 1..Civil Aviation Academy, Inc., has. petitioned St. Lucie County for a oChange in Zoning from tL (Industri. t, Li~flt) to U (U~iJities) ZOning for the following .described property: SECTION 30, TOWNSHIP 34 SOUTH, .RANGE 40 EAST. FROM A-POt~T 200 FEET SOUTH OF THE INTERSECTION OF THE CENTERgNE OF THE N-S AND NE~'SW .RUNWAYS OF THE ST. LUCIE COUNTY AIRPORT, SAID POINT BEING 1,082 FEET MORE OR LESS NORTH AND t,385 FEET MORE OR. LESS WEST OF THE SOUTHEAST CORNER OF SAID SECTION, RUN WEST 750 FEET FOR THE POINT OF BEGIN- NING; THENCE RUN NORTH AND PARALLEL TO THE N-S RUNWAY 970 FEET; THENCE RUN WEST 450 FEET; THENCE RUN SOUTH 970 FEET; THENCE RUN EAST 450 FEET; THENCE RUN SOUTH 970 FEE'S; THENCE RUN EAST 450 FEET TO THE POINT OF BEGINNING. . (Location: East side of Hammond Road, along 'an access easement, approximately t 200 feet North of St. Lucie Boulevard. St. 'Lucie County Airport) 2. West River Packing has peti- tioned St. Lucie County for o Change in Zoning from AR-t (Agri-' cultural, Residential - 1 du/acre) to IL (industrial, Light) Zoning for the i following described property: j t NORTH 277.4 FEET OF THE i SOUTH 327.4 FEET, AS MEA-j SURED ON TH5 EAST LINE OF ! KiNgS-HIGHWAY, OF THE EAST 300 FEET OF THE WEST 371 FEET OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SEC- TION 25, TOWNSHIP 34 'SOUTH RANGE 39 EAST, ST. LUcI~ COUNTY. (Location: 3034 North Kings High- way, East:side of Kings Highway, approximately 1500 feet'North of St. Lucie Boulevard) 3. 'Glenn and Giovanna Rappaport have petitioned St. Lucie CoUnty: for a Conditioned Use Permit to allow a Bed and Breakfast Estab- lishment in HIRD ZOning for the fol- lov,,ing described property: SECTION 23, TOWNSHIP 34, RANGE 40, THE EASTERLY i 675.00 'FEET AS MEASURED, ALONG THE NORTHLINE, OF THE SOUTH 100.00 FEET OF THE NORTH 700.00 FEET, LYING WESTERLY OF NORTH STATE ROAD A1A · TION 23, TOWNSHIP 34 .SOUTH, RANGE 40 EAST, ST. LUCtE COUNTY. (Location: 3851 N. AI A, Fort Pierce, FL) PUBLIC HEARINGS wilt be held in Room 101, St. Lucie County Admin. istrotion Building, 2300 Virginia Avenue, Fort Pierce, Florida on February 20, 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 i made by a board, agency, or com-. mission with respect to any matter considered at a meeting or hear- lng, he will need a record of the! proceedings, and that, .for such" purpose, he may need to ensure thata ~verbatim .record-of the pro- ceedings is made, which record includes the testimony and evi- dence upon which~the appeal is to be based. PLANNING AND ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA /s/ROBERT KLEIN, CHAIRMAN PUBLISHED: February 10, 1997