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HomeMy WebLinkAboutApproved BOA minutes 09142016Page 1 of 6 Approved BOA Minutes September 14, 2016 St. Lucie County Board of Adjustment St. Lucie County Administration Building Commission Chambers 1 September 14, 2016 2 9:30 a.m. 3 4 A compact disc recording of this meeting, in its entirety, can be obtained from the Planning and Development 5 Services Department along with these minutes. A fee is charged. In the event of a conflict between the written 6 minutes and the compact disc, the compact disc shall control. 7 8 CALL TO ORDER 9 Chairman Lowe called the meeting to order at 9:30A.M. 10 11 ROLL CALL 12 Bob Lowe... ........................................... Chair 13 Ron Harris... ......................................... Vice Chair 14 Michael Jacquin .................................... Board Member 15 Richard Pancoast ................................. Board Member 16 Derek Foxx... ........................................ Board Member 17 18 OTHERS PRESENT 19 Katherine Barbieri ................................. Assistant County Attorney 20 Bonnie Landry ...................................... Planning Manager 21 Diana Waite .......................................... Senior Planner 22 Linda Pendarvis... ................................. Planner 23 Beverly Austin ....................................... Recording Secretary 24 25 Staff introduced themselves 26 27 ANNOUNCEMENTS 28 None 29 30 AGENDA ITEM #1 – MINUTES OF August 24 2016 31 Mr. Pancoast motioned approval of the minutes as written. 32 Vice Chair Harris seconded and the motion carried unanimously. 33 34 AGENDA ITEM #2 – Public Comments 35 None 36 37 AGENDA ITEM #3–Petition of Cheyne Professional Complex Eminent Domain Waiver, 5050 S. 38 25th Street is programed for widening as part of the West Midway Road expansion project & 39 required a portion of this parcel. Staff report by Diana Waite. 40 41 42 Page 2 of 6 Approved BOA Minutes September 14, 2016 Diana Waite, Senior Planner presenting staff comments for the application of Cheyne Professional 43 Complex, LLC requesting an Eminent Domain Waiver for property located at 5050 South 25th Street. 44 The Florida Department of Transportation staff has been contacted and has no objection to this 45 petition. In fact, FDOT staff stated the applicants is moving forward consistent with changes the 46 applicant presented to them. No other comments on the petition have been received. 47 48 The subject parcel is located approximately 200 feet south of West Midway Road and South 25th 49 intersection in White City. The Florida Department of Transportation, (FDOT) is preparing to widen 50 West Midway Road from two to four lanes and required additional right-of-way from the subject parcel 51 for the proposed intersection improvements. A strip of land along the parcels frontage was acquired 52 in fee simple for the widening and an easement has been transferred. The subject parcel contains an 53 office building constructed in 1977, prior to the County site plan requirements and today’s landscape 54 requirements. The existing nonconformities include the width of the landscape strip along South 25th 55 Street, the width of the terminal landscape islands, and the existing signs location within the sight 56 triangle. The surrounding uses include: a gas station and restaurant to the north, single family home 57 to the east, and undeveloped lands to the south and west. 58 59 On January 28, 2015, this Board approved an eminent domain waiver request by FDOT for this parcel. 60 Since that time, the property owner has determined that an alternative plan is desirable. The proposed 61 cure plan request two, rather than the previously granted four waivers. The applicant is proposing to 62 locate the sign in an area that will meet code and eliminate the need for these waivers, although the 63 previous waivers related to the sign will still be available, if needed. Other changes from the approved 64 cure plan is that two parking spaces are to be removed and a terminal landscape island added to the 65 parking area along South 25th Street. Given that the existing site has more than the required number 66 of parking spaces and the terminal island will bring the site closer to compliance with existing code, 67 staff has no objections to these changes. 68 69 This Eminent Domain Waiver request is for: 70  9 foot waiver from the landscape strip required along South 25th Street – a minimum of 6 feet 71 provided; 72  2 foot waiver from the 26 foot required parking aisle width - 24 feet width provided; 73 74 The applicant has submitted a cure plan showing the post-acquisition improvements. If approved, the 75 cure plan and the landscape plan will be incorporated by reference into the approval order for the 76 proposed waiver. The purpose of the requested waiver is to allow the existing business to operate 77 similar to its pre-acquisition condition. The proposed cure plan will eliminate some non-conformities 78 on the parcel and bring others closer to code. 79 80 Staff has reviewed this petition and has found that the waiver conforms to the standards of review as 81 set forth in St. Lucie County Land Development Code and is not in conflict with the goals, objectives, 82 and policies of the St. Lucie County Comprehensive Plan. Staff recommends approval of the 83 requested wavier. 84 85 Chair Lowe opened the meeting for discussion and questions of staff 86 87 No questions for staff 88 89 Page 3 of 6 Approved BOA Minutes September 14, 2016 Richard Neill, Jr. local attorney of 311 S. 2nd Street, Ft. Pierce, FL who represent the property owner 90 was sworn in and gave reasoning for the request. 91 92 Chair Lowe opened the public hearing 93 No one spoke 94 Chair Lowe closed the public hearing 95 96 Chair Lowe returned to the Board for discuss and/or motion. 97 98 Mr. Harris made a motion: After considering the testimony presented during the public 99 hearing, including staff comments, and the Standards of Review as set forth in Section 10.03.00 100 of the St. Lucie County Land Development Code, I hereby move that the Board of Adjustment 101 approve the petition of Cheyne Professional Complex, LLC for an eminent domain waiver from 102 the provisions for Section 7.06.02.B.2 & Section 7.09.04.A.1 of the St. Lucie County Land 103 Development Code, to allow a reduction in the required landscaping and parking aisle width 104 as shown on the cure plan because the requested waiver shall not adversely affect safety, 105 aesthetic or environmental conditions of neighboring properties; shall not adversely affect the 106 safety of pedestrians or operations of motor vehicles; will not encourage or promote the 107 continuation of existing uses of the property which have been or will be rendered unfeasible 108 or impractical due to the impacts of the taking and/or constructions of the roadway. The 109 remainder parcel as shown on the sketch shall be the site on which compliance with the Land 110 Development Code must be shown. All calculations shall be based upon the acreage of the 111 remainder parcel. 112 Mr. Pancoast seconded the motion. 113 114 The roll was called: 115 Chair Lowe Yes 116 Vice Chair Harris Yes 117 Mr. Pancoast Yes 118 Mr. Jacquin Yes 119 Chief Foxx Yes 120 APPROVED 121 122 AGENDA ITEM #4–Eminent Domain Waiver Approval Expiration Provisions. Staff report by 123 Diana Waite. 124 125 Diana Waite, Senior Planner presenting a request to clarify a previously approved County-initiated 126 text amendment to the section of the Land Development Code that applies to the expiration dates of 127 cure plans approved through the Eminent Domain Waiver Process. This is not a public hearing, no 128 notice was required and no amendments to the Code are proposed. 129 Originally the code provided that the waivers would expire one year after they were issued, that in 130 practice has been found to be insufficient. Staff found no provision to that would prohibit those 131 previously approved EDW parcels from utilizing the new timeframes set forth in Ordinance 2015-10. 132 These new timeframes gave the property owners additional time to implement the cure plans and 133 waivers approved by this Board. Staff recommends the Board discuss and verify that the timeframes 134 Page 4 of 6 Approved BOA Minutes September 14, 2016 adopted through 2015-10 applies to those EDW approved prior to the adoption of that ordinance. 135 Approval of Resolution 2016-14 will provide formal documentation of that determination. 136 Chair Lowe opened the meeting for discussion and questions of staff 137 138 No questions for staff 139 140 Chair Lowe returned to the Board for discuss and/or motion. 141 142 Mr. Harris made a motion: After considering the testimony presented during the public 143 meeting, including staff comments, I hereby move that the Board of Adjustment of St. Lucie 144 County approve BOA Resolution 16-014 clarifying Land Development Code Section 10.03.01C 145 expiration dates to acknowledge that the revised time periods apply to eminent domain waivers 146 approved prior to the adoption of Ordinance 15-010. 147 Mr. Jacquin seconded the motion. 148 149 The roll was called: 150 Chair Lowe Yes 151 Vice Chair Harris Yes 152 Mr. Pancoast Yes 153 Mr. Jacquin Yes 154 Chief Foxx Yes 155 APPROVED 156 157 AGENDA ITEM #5–Petition request of St. Lucie County Public Safety Department for a variance 158 from the provisions of Section 7.10.23(N)(1)(b)(6) of the St. Lucie County Land Development 159 Code to allow the construction of an 800 MHZ Trunked Radio System Telecommunications 160 Tower above the height permitted by the LDC for use by the County, the City of Port St. Lucie, 161 Martin County and all law enforcement/public safety agencies with the St. Lucie and Martin 162 Counties. Staff report by Linda Pendarvis. 163 164 This petition is the request of St. Lucie County Public Safety Department for a variance from the 165 provisions of Section 7.10.23(N)(1)(b)(6) of the St. Lucie County Land Development Code to allow the 166 construction of a 275 foot high guyed wire telecommunication tower for the sole use by St. Lucie and 167 Martin counties governmental agencies. 168 This is a quasi-judicial public hearing. A sign was placed on the on West side of Rangeline Road at 169 the intersection of Canal C-23 and Rangeline Road by the St. Lucie County Road and Bridge 170 Department. The Planning and Development Services Department mailed notices to 171 adjacent property owners within a 500 foot radius from the subject property. To date one response 172 form was received “not in favor” of the request. 173 Zoning and Future Land Use is Agricultural -5. The proposed telecommunication tower is a permitted 174 use in the AG-5 zoning district up to a maximum height of 250 feet. The subject property consist of 175 141 acres owned by the City of Port St. Lucie. The telecommunication tower will be located within 176 five acres leased by St. Lucie County. St. Lucie County leased five acres from the City of Port St. 177 Page 5 of 6 Approved BOA Minutes September 14, 2016 Lucie for the purpose of developing a telecommunication tower compound to be operated and 178 maintained by the County. The facility will be used solely by public safety governmental agencies. 179 The Land Development Code limits the height for all telecommunication towers to a maximum of 250 180 feet unless a variance is granted by the Board of Adjustment. The proposed tower will exceed that 181 height limit by 25 feet for a maximum height of 275 feet. The leased area is located within the 182 southwest corner of the subject property. The telecommunication tower will be located in a remote 183 area of St. Lucie County and will significantly improve radio coverage for wireless coverage for public 184 safety governmental agencies. The closest residential structure is located approximately 9,808 feet 185 from the proposed telecommunication tower. This variance will permit the maximum height of the 186 proposed tower to be 275 feet that exceeds the maximum height limit of 250 feet by 25 feet. 187 Staff has reviewed this petition and determined that it does not conform to a strict interpretation of the 188 standards of review as set forth in Section 10.01.02, Land Development Code but supports the overall 189 public safety and general welfare of the community. Staff is, therefore, recommending approval of the 190 requested variance. 191 Chair Lowe opened the meeting for discussion and questions of staff 192 193 Chief Foxx disclosed that he being a member of the St. Lucie County Fire Department would be using 194 the tower. 195 196 Ron Parrish, Director of Public Safety was sworn in and gave support and reasons for the tower. 197 198 The Board discussed the reduction from 300 feet; the paying for the infrastructure; the one property 199 owner being against the petition and air park issues. 200 201 Chair Lowe opened the public hearing 202 203 William Gonzales was sworn in and gave his reasons for being against the petition. 204 205 Chair Lowe closed the public hearing 206 207 Chair Lowe returned to the Board for discuss and/or motion. 208 209 Mr. Pancoast made a motion: After considering the testimony presented during the public 210 hearing, including staff comments, and the Standards of Review as set forth in Section 10.01.02 211 of the St. Lucie County Land Development Code, I hereby move that the Board of Adjustment 212 approve the petition of the St. Lucie County Public Safety department for a variance from the 213 provisions of Section 7.10.23(N)(1)(b)(6), of the St. Lucie County Land Development Code to 214 allow for the construction of a 275 foot high guyed wire telecommunication tower that is 25 215 feet higher that what is permitted in the Agricultural 5 zoning district because it will enhance 216 public safety. Mr. Harris added this is the place to put a tower that high, in the middle of ag 217 land with a canal to the south and he seconded the motion. 218 219 220 221 Page 6 of 6 Approved BOA Minutes September 14, 2016 The roll was called: 222 Chair Lowe Yes 223 Vice Chair Harris Yes 224 Mr. Pancoast Yes 225 Mr. Jacquin Yes 226 Chief Foxx Yes 227 APPROVED 228 229 230 OTHER BUSINESS 231 Next meeting will be October 26, 2016. 232 233 ADJOURN 234 Having no further business, the meeting was adjourned at 10:20 am. 235 236