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HomeMy WebLinkAbout10.19.2023Planning & Zoning Meeting Convened: 6:03 PM October 19, 2023 Adjourned: 12:12 AM 1. CALL TO ORDER: 6:03 PM 2. PLEDGE: Chair Lowe 3. INVOCATION: Board Member O’Dell 4. ROLL CALL: Present: Lowe – Lounds – Slack –O’Dell – Mundt – Binner – Taylor – Neese Excused: Fogarty – Bridgers 5. ANNOUNCEMENTS: None. 6. DISCLOSURE(S): Sabal Palm Grove PUD: Chair Lowe – Vice Chair Lounds 7. MINUTES: September 28, 2023, Minutes – Approved – Motion - O’Dell – Second - Slack 8. PUBLIC COMMENT: None. 9. PUBLIC HEARINGS: 9A. Hutchingson Island – Building Height Zone – Ordinance No. 23-XXXA & 23-XXXB STAFF PRESENTATION: County Attorney Katherine Barbieri, Planning & Development Director Benjamin Balcer, and Planning Manager Kori Benton, Planning and Development Services, made a staff presentation on Hutchinson Island - Building Height Zone - Ordinance No. 23-XXXA and 23-XXXB. County Attorney Barbieri spoke about the history of the County’s regulation of building heights on Hutchinson Island in the 1990s, and the adoption of building height overlays zoned Hutchinson Island in 1995, ordinance No.905- 01 section 4.01.03. County Attorney Barbieri explained that the ordinance created the Hutchinson Island overlay zones, two zones: Zone-A – where the maximum height should not exceed 125 feet, and Zone-B – where the maximum height should not exceed 35 feet. County Attorney Barbieri addressed the discrepancy between the metes and bounds legal description in the text of the 1995 ordinance and the graphic boundary map contained in the ordinance in 1995, the discrepancy being where zone “A” ends, and zone “B” begins. County Attorney Barbieri explains when there is a discrepancy between, map, text, and code, it poses the question of what the board's intent was in 1995. Mr. Balcer speaks on the public notice provided to the community. Mr. Balcer continues with a visual presentation elaborating on everything County Attorney Barbieri spoke about. Staff recommends that the Planning & Zoning Commission provides input on the intent of the Board of County Commissioners in 1995 when the Hutchinson Island Building Height Ordinance was adopted - the text or the map. Staff recommends the Planning & Zoning Commission provide a recommendation of either Draft Ordinance 23- XXXA or 23-XXXB or no recommendation at all to the Board of County Commissioners. BOARD/STAFF DISCUSSION: Mr. Binner asked if the homes on the map in the presentation were over 35 feet. Mr. Balcer states unless they received a height variance no. Mr. Taylor voices concerns about the lot’s size and the possibility of building on it. Mr. Benton replies that if the building spacing formula meets all requirements, a building not exceeding 35 feet could be built in Zone A. Mr. Neese asked about being able to provide parking. Mr. Benton explains that there is a wide variety of design approaches, and then Mr. Benton provides examples of parking designs and tower designs. Vice-Chair Lounds inquired about who owns Normandy Beach access. Mr. Balcer answers that the County owns Normandy Beach access. Vice-Chair Lounds then proceeded to ask who owns the two lots South of it. Mr. Balcer, the owner is Sand and Sea Development LLC. Vice-Chair Lounds suggests that the County buying the South lots would fix the problem and maybe swap for large land to the West. Mr. Balcer rebuttals and then states that the suggestion is not relevant to what is being presented and asked of the board. Mrs. Slack asked if the land North of Normandy Beach had been platted and does the County have a record of the owner of that property. Mr. Benton answers, no it has not been platted and is owned by Sand and Sea Development LLC and further explains about the area. Mrs. Slack wanted to know the difference between residential urban and residential high. Mr. Benton explained residential urban is a maximum of five dwelling units per acre and residential high is 15 dwelling units per acre and the density would be applicable to above the mean high-water line. Chair Lowe inquiries about when the ordinance was adopted and its accuracy. Mr. Balcer confirms 1995, and that the legal description and the discrepancy between the map stems from ordinance No.905-01. Chair Lowe asked to see the ordinances again. Mr. O’Dell questions the affidavit from Commissioner Cliff Barnes. Mr. Balcer explains that the affidavit was received the evening of the meeting, October 19, 2023, and that one of the representatives could better answer the question. Mrs. Slack addressed Mr. O’Dell’s question, by reading sections four and five of the affidavit. Chair Lowe asked if mailers were sent out. Mr. Balcer answered that a mailer was not required according to the code. Mr. Mundt reads from a statement from a letter received from Attorney Gary Oldehoff and proceeds to address staff for comments on it. Mr. Balcer suggests that attorney Gary Oldehoff writer of the letter, could better clarify when he comes up during public comments. Mr. Benton reads more of the letter from attorney Gary Oldehoff. Mr. Mundt points out that an overlay is different from text. Mr. Benton explains that an overlay is composed of many parts, text included. Mr. Mundt, Mr. Balcer and Mr. Benton further discuss overlays. PUBLIC COMMENT: Before Public starts Chair Lowe takes a pole. Attorney Gary Oldehoff, 759 SW Federal Hwy Ste 216, representing Regency. Attorney Gary Oldehoff spoke on the metes and bounds and how the Commissioners in 1995 relied on the maps when making the decision on ordinance No.905-0. Attorney Gary Oldehoff talks about hurricanes and safety. Attorney Gary Oldehoff shows maps of the landscape planning. Attorney Gary Oldehoff mentions the letter from Mr. Barns, and how all decisions were made off the maps. Attorney Gary Oldehoff believes that the intentions of the County Commissioners in 1995 were based on the maps, not metes and bounds. Mr. O’Dell asked which tower is north of Regency. Attorney Gary Oldehoff did not know, but the audience stated it is Sand Dollar. Mr. O’Dell states the intent of the Commissioners in 1995 was to restrict the height requirements for all buildings north of the Regency. Vice-chair Lounds asked why they would want to restrict the height to 35 feet, Attorney Gary Oldehoff states for safety reasons. Mr. O’Dell addresses Vice-chair Lounds with the intent was for safety. Vice-chair Lounds and Mr. O’Dell continue to converse. Dr. Michael Riordan, 213 Marina Dr. Dr. Michael Riordan stated that when moving to Hutchinson Island, he also relied on the maps. Dr. Michael Riordan does not want to see changes to Normandy Beach. Robert Ivany, 113 Island Dune CV. Mr. Ivany stated that the main reason they put their savings into the property purchased on Hutchinson Island was due to the restrictions and the maps were a major part of that decision. Debby Dodge, 8600 S Ocean Dr #904. Mrs. Dodge stated that they bought their property with the understanding that there would be no other high-rises would be built north of the Regency according to the County maps. Mrs. Dodge expresses concern about traffic and safety, and the moving of Normandy Beach. Bianca Wall, 2520 Ocean Bay Dr. Mrs. Wall voices that the developers need to work with the community. Ann Ross, 8880 S Ocean Dr. Ms. Ross speaks on the concern of safety, traffic, and evacuation issues. Johnette Beaver, 6205 Liyan Pkwy. Mrs. Beaver speaks on Normandy Beach, flooding, Beach renourishment and how it is because of the high-rises. Mrs. Beavers suggest that instead of high-rises, the County invest in a national park to preserve the beauty of St Lucie County. Raymond Deluca, 10600 S Ocean Dr unit 1001. Mr. Deluca would like the commissioners to consider all that is being said and make the decision to leave the Island the way it is. Pual Prezzon, 8880 Ocean Side Two. Mr. Prezzon believes that the intent of the commissioners in 1995 was to have the zoning at 35 feet. Charles Liffincott, 8605 S Ocean Dr. Mr. Liffincott believes that the commissioners need to honor the 35 feet zoning limit which he bought into in 1999. Mr. Liffincott also talked about the safety of A1A and how if anything happened evacuation would be impossible. Jim Davis, 7420 S Ocean Dr. Mr. Davis doesn’t want Hutchinson Island to turn into Fort Lauderdale or Naples. Mr. Davis speaks on safety and traffic. Mr. Davis states that Hutchinson Island is a beautiful area, and he would like the County to keep it that way. Ron Jones, 10072 S Ocean Dr. Mr. Jones is concerned about the safety and security of the area if new high- rises are built. Jeff Robbins, 8600 S Oceans Dr. Mr. Robbins thinks it is strange that 28 to 30 years later there is now a question about intent. Mr. Robbins believes he has a solution, which is to take the taxes from the community and expand Normandy Beach. Dennis Murphy - speaking on behalf of the firm of Culpepper & Terpening in Fort Pierce, representing Sand and Sea Development. Mr. Murphy states that he is the person that drafted the maps and legal description in 1995. Mr. Murphy talks about the graphics that were used at that time to identify zoning boundaries. Mr. Murphy explains that the legal descriptions were written based upon the maps. Mr. Murphy admits to the discrepancy between the maps and metes and bounds legal description in the text of the 1995 ordinance and the graphic boundary map contained in the ordinance in 1995, the discrepancy being where zone “A” ends, and zone “B” begin. Mr. Murphy talked about future land use. Mr. Murphy states that all his clients are seeking is a correction in the discrepancy between the metes and bounds legal description. Mr. Murphy read the County code, that states that if there is a conflict between the metes and bounds legal description in the text, that the written text applies. Mr. O’Dell asked Mr. Murphy did he made the error on the metes and bounds vs the legal description. Mr. Murphy confirmed the accuracy of the statement. Charles Grande, 9950 S Ocean Dr. Mr. Grande speaks to the intent of the board in 1995. Mr. Grande talked about Mr. Barns and him making his decision off the maps. Mr. Grande speaks to the 35 feet height limit. BOARD DISCUSSION: Mr. Binner believes that the decision should follow the code which states that the legal description takes precedence over the maps. Mr. Taylor states we need to stick to the County code, legal description over mapping. Mr. Mundt is in favor of Ordinance A with the map controlling, which Mr. Mundt feels best describes the intent of the commissioners in 1995. Mr. O’Dell believes the intention of the board in 1995 was to restrict the height for safety. Mrs. Slack agrees with commissioner Binner that the text governs. County Attorney Katherine Barbieri reiterates the goal for the evening, which is to find the intent of the 1995 board of commissioners for County ordinance No.95-001. MOTION: Ordinance A – Map Control – Failed – 3 Yes/5 No Motion: Mr. Mundt Second: Mr. O’Dell Ordinance B – Text Control – Passed – 6 Yes/2 No Motion: Mr. Binner Second: Mr. Taylor 9B. Drawdy Properties, LLC, and representative, Brad Currie, AICP, of EDC, Inc. are requesting an Amendment to the Official Zoning Atlas from PUD (Planned Unit Development) to PUD (Planned Unit Development) and Preliminary PUD. STAFF PRESENTATION: Thad Crowe, Senior Planner, and Kori Benton, Planning Manager, , Planning and Development Services, made a presentation for a request for a planned unit development. Located in the northeastern part of the county. Required public notification was provided, including newspaper advertisements, mailers to residents, and property owners within 500 feet, and posting of the property. It was shown that on the South property is Interstate 95, on the north, is Angle Road, and a little bit to the east is Kings Highway, and to the West is Timberlake Estates. Mr. Crowe spoke on the background of the Drawdy Business Park and the site plan. Gave an overview of Drawdy Properties, LLC, and discussed the comprehensive plan, environmental impact, and staff recommendation. Kori Benton speaks on transportation and capacity improvements. BOARD/STAFF DISCUSSION: Mr. O’Dell inquires about condition 15 on staff presentation. Mr. Benton states that FDOT already has a preliminary work plan. Mr. Benton (staff) Angle Rd maintenance slated for fiscal year October 2023 – September 2024. Mr. Mundt asked for the definition of PUD and the purpose of it. Mr. Crowe, Planned Unit Development, to exchange for relief from certain zoning standards. Mr. Mundt is concerned that the developer is not on board with conditions from the County. Binner questioned the condition of alleyways. Mr. Benton clarifies. Mrs. Slack expressed concerned about garage-scaping of the proposed development. Mrs. Slack suggests sideloading of garages. Vice-chair Lounds suggests that the developer use pervious pavers rather than concrete. APPLICANT PRESENTATION: Brad Currie with Engineering Design and Construction and Drawdy Properties, LLC, 10250 Village Pkwy Unit: 201 PORT SAINT LUCIE, 34987. Mr. Curry addressed the Commission. Mr. Currie states that this is a continuance of the board meeting from 9/28/2023, and he is representing his client and the proposal for a 202-acre property southside of Angle Rd, west of Kings Hwy. Mr. Curry and that in the previous meeting he was prepared to speak on the conditional use and the meeting turned to the design of the building, and that he is now prepared to address the design. Mr. Currie touched on the concerns of board members about size, space, and amenities; he also spoke about roads and storm drains and comparative pricing. Mr. Curry also clarified that his client is on board with some of the County proposed conditions, but feels others are a bit overboard. Justin Drawdy, 7664 Germany Canal Rd. Mr. Drawdy states that they are not asking for rezoning, he says it is already zoned for his proposal. Mr. Drawdy states that small lots are not for him, but he believes they are for somebody. Mr. Drawdy states that smaller homes are more affordable. BOARD DISCUSSION WITH THE APPLICANT: Mrs. Slack speaks on the point of cost brought up by the applicant. Vice-chair Lounds asked Mr. Curry about the turning lane on Angle Rd. Mr. Curry answers that it is subject to County Engineering approval. Vice-chair Lounds adds that water is not open space because it is not usable. Mr. Curry states that it is pervious not impervious, it is open to the air. Mr. Mundt makes a statement that St. Lucie County should be a leader. PUBLIC COMMENTS: Johnette Beaver, 6205 Lilyan Pkwy. Mrs. Beaver was frustrated with the meeting and opposed to the PUDS. Ronald Wright in Timber Lake Estates. Mr. Wright was offended by Mr. Drawdy’s remarks and is opposed to the PUD. Brad Currie explains that this land has already has future land use for two units per acre. Public Comment Closed. BOARD DISCUSSION: Vice-chair Lounds, asked if this proposal is in the TVC. Mr. Benton, states no. Mrs. Slack inquires about school buses and kids walking to school. Mr. Benton, states the design does have a school bus designation. Mr. Binner makes a statement regarding lot size. Mr. O’Dell asked about public notices. Mr. Crowe, explained that no written responses were received. Mr. Benton noted 35 mailers went out. Mr. Taylor inquired about lot size at Golden Ponds. Mr. Benton estimated they are 50 feet wide. Mr. Taylor would like to see the 50-foot lots. Mrs. Slack suggested that the lots be interspersed between 40- and 50-foot lots to prevent garage-scaping. MOTION: Motion: Mrs. Slack - Second: Mr. Binner – Passed 5 Yes/3 No 9C. Sabal Palm Grove PUD: A petition to amend the Official Zoning Map Atlas for a 19.44-acre site from the RS-4 (Residential, Single-Family - 4) Zoning District to the PUD (Planned Unit Development) Zoning District and approve an associated Preliminary Site Plan. STAFF PRESENTATION: Tahir Curry, Planner 1, Planning and Development Services. Applicant requesting a Planned Unit Development (PUD) Rezoning from the RS-4 (Residential, Single-Family – 4) Zoning District to the Planned Unit Development Zoning District and a Preliminary Site Plan for a 97-unit multi-family residential development on a +/- 19.44-acre site, to be known as Sabal Palm Grove PUD located on the southeast corner of Emerson Avenue and Deland Avenue. The proposed multi-family development includes 19 two-story fee-simple townhome buildings, a pool, clubhouse, walking trails, stormwater ponds, and a passive recreation area. Required public notification was provided, including newspaper advertisements, mailers to residents, and property owners within 500 feet, and posting of the property. Mr. Curry’s presentation included information on the background of Sabal Palm Grove, the current zoning and proposed zoning, future land use, storm/water/waste, traffic impact and design. Mr. Curry also presented staff recommendations. BOARD/STAFF DISCUSSION: Mr. Mundt left at 10:08pm, right after the staff presentation, leaving only seven members voting. Vice-Chair Lounds asked about the entrance to the proposed development. Mr. Curry, stated FDOT controlled the access on Emerson Ave. and that they did not meet the requirements to have entrance anywhere else. Mrs. Slack further elaborates on why. Mr. Benton continues the conversation about turning lanes and traffic. Vice-chair Lounds expressed concerned about the traffic on side residential roads. Mrs. Slack suggests flipping the proposed plan and asking the property to the south could the allow an entrance to the new development. Mrs. Slack asked how many other gated communities are in this area. Mr. Benton states three, but at a fair distance between all. APPLICANT PRESENTATION: Jerrod Purser WGI, Inc 3230 W. Commercial Blvd, Ste 300 Fort Lauderdale, FL 33309, on behalf of Beacon One Holdings, LLC, requesting a Planned Unit Development (PUD) Rezoning from the RS-4 (Residential, Single-Family – 4) Zoning District to the Planned Unit Development Zoning District and a Preliminary Site Plan, located on the southeast corner of Emerson Avenue and Deland Avenue. Mr. Purser presented concerns from the residents, that they received in their public meeting on October 12, 2023. Mr. Purser included information regarding safety. He described the property as a single-family attached home in the form of a townhomes in a gated community. Mr. Purser spoke on the noise concerns that the surrounding neighbors had. Mr. Purser clarified the entrance concern from the board. Mr. Purser presentation had mention to drainage and utilities. Adam Schildmeier WGI Civil Engineer, 3230 W. Commercial Blvd, Ste 300 Fort Lauderdale, FL 33309, spoke on the drainage and utilities. BOARD DISCUSSION WITH THE APPLICANT: Chair Lowe makes a statement on the design of the homes and the width of the driveways. Mr. Binner asked if they had contacted the property to the south about the entrance and how the HOA is going to handle roof replacement. Chair Lowe asked if the buildings were attached. Vice-chair Lounds speaks on the driveways being paved with pavers and not concrete. Mr. Taylor asked about the wall along the parameter. Mr. Benton answered that there is a wall waver provision in the code. Mr. Taylor thinks the wall is out of the design of the neighborhood. Mrs. Slack also agrees that the wall is a detachment from the neighborhood, and it would ruin the open grid. PUBLIC COMMENTS: All comments made were opposed to the PUD. Most residents were concerned about the infrastructure of the community not being able to support more homes regarding safety. Drainage, property value, traffic, the HOA not being able to control rentals of the properties, homes being turned into section-8 housing. Residents believe the County needs to address building another fire station, getting speedbumps, and the standing water they already get. Lakewood Park wants to prevent the over building that is happening all- around in Port St Lucie. David Ellis, 7508 Ocala Ave opposed. Ruth Ashah, 8407 Deland Ave is opposed. Michelle Wilson, 8604 Deland Ave – opposed. Von Coffman, 7303 Miramar Ave – opposed. Paula Taylor, 6601 Coquina Ave – opposed. Pamela Cuevas-Abreu, 8401 Deland – opposed. Johnette Beaver, 6205 Lilyan Pkwy – opposed. Aleandro Mel Valdez, 1402 Nebraska Ave – opposed. Public Comments Closed. BOARD DISCUSSION: Mr. O’Dell speaks to quality of life in the already developed neighborhood. Mr. O’Dell addressed the fire station situation and utilities. Mr. Taylor spoke about the comment of the county only caring about tax dollars. Mr. Taylor states that this project could fit in with Lakewood Park with some adjustments. Vice-chair Lounds suggest that the wall be removed out of the design and that the drainage be addressed. Mr. Binner asked about the time frame for running the water line. Mr. Binner clarifies that P&Z is just a recommending board. Chair Lowe addressed Mr. Benton asking if the rezone is approved will it come back to P&Z. Mr. Benton, stated no. Conversation continues about how many more times during the process this will have to go in front of the Board of County Commissioners. MOTION: Motion: Mr. Binner - Second: Mr. Taylor– Passed 7 Yes/ 0 No 9D. Orange Avenue 72 AC PNRD Rezoning and Preliminary Site Plan STAFF PRESENTATION: Irene Szedlmayer, Senior Planner, Planning and Development Services, made a presentation on behalf of the property owners, Redtail Design Group submitted a petition to re-zone the property from AG-1 (Agricultural-1) to Planned Non-Residential Development (PNRD), with an associated Preliminary Site Plan for property located at 126 Shinn Road. The subject site is within the West Orange Mixed Use Activity Area. Required public notification was provided, including newspaper advertisements, mailers to residents, and property owners within 500 feet, and posting of the property. Ms. Szedlmayer noted an error in the mailers. Ms. Szedlmayer presented information on location, current zoning and proposed preliminary plan, mixed future land use. Staff recommends the Planning and Zoning Commission forward a recommendation of approval to the Board of County Commissioners. BOARD/STAFF DISCUSSION: Vice -Chair Lounds asked staff the purpose of having a landscape buffer. Ms. Szedlmayer, to separate the different uses of each surrounding property. APPLICANT PRESENTATION: Tod Mowery, AICP Redtail Design Group 100 S. 2nd Street Fort Pierce. Mr. Mowery presents the plan for the lots, Mr. Mowery explains that the lot will be split into three and that there is not currently a site plan, however one will come once they are further in the process. Mr. Mowery informs the board of what is needed of them, for his clints to continue their process. BOARD DISCUSSION WITH THE APPLICANT: Vice-chair Lounds asked which parcel would be being developed first. Mr. O’Dell asked about environmental issues. Mrs. Slack speaks to the right of way and the property in front of the building. Mr. Taylor comments on the driveway. PUBLIC COMMENTS: None. BOARD DISCUSSION: None. MOTION: Motion: Vice-chair Lounds - Second: Mr. O’Dell – Passed 7 Yes/ 0 No 9E. Orange 95 Commerce Center Parcel D & E – Planned Non-Residential Development (PNRD) Preliminary Plan. STAFF PRESENTATION: Planning Manager Kori Benton, Planning and Development Services, made a staff presentation on behalf of Engineering Design & Construction, Inc. who submitted petitions for a Planned Non-Residential Development (PNRD) Rezone and Preliminary Site Plan on behalf of Tambone Companies, LLC. The rezoning from AR-1 (Agricultural, Residential-1) and Commercial General (CG) to the PNRD (Planned Non-Residential Development) Zoning District and preliminary site plan propose multiple industrial buildings totaling approximately 374,000 sq. ft., two (2) proposed dry detention areas, one (1) proposed lake, and associated site improvements. The plan acknowledges the need for improvements to North Jenkins Road, through the project entrance, and utility extension to the site. The combined 34.01-acre site is within the MXD (Mixed Use Development) Future Land Use category, specifically the Loop Road Mixed Use Activity Area, and inside the Urban Service Boundary (USB). Required public notification was provided, including newspaper advertisements, mailers to residents, and property owners within 500 feet, and posting of the property. Mr. Benton’s presentation included information regarding location, future land use, financial impact, preliminary PNRD plan, utilities, design scheme, and Staff recommends the Planning & Zoning Commission forward a recommendation of approval, with conditions. BOARD/STAFF DISCUSSION: None. APPLICANT PRESENTATION: Brad Currie, AICP Engineering Design & Construction, Inc. 10250 SW Village Parkway, Suite 201 Port St. Lucie, representing for Richard & Lori Tambone of Tambone Companies, LLC 3710 Buckeye Street, Suite 100 Palm Beach Gardens. Mr. Currie did not have a presentation. BOARD DISCUSSION WITH THE APPLICANT: Mrs. Slack wanted to know the intent of the developers for this property. Mrs. Lori Tambone states they are to sale or lease out. Mrs. Slack suggested that the building be covered in solar. Mr. Benton added that the applicant did hold a community meeting and the plan was well received. PUBLIC COMMENTS: None. BOARD DISCUSSION: None. MOTION: Motion: Mr. O’Dell - Second: Vice-chair Lounds – Passed 7 Yes/ 0 No OTHER BUSINESS: Chair Lowe suggested that we figure out how not to make the meetings so long. Benjamin Balcer, Planning and Development Services Director mentioned the public input session hosted by staff and the Treasure Coast Regional Council on the Town Village and Countryside in Chambers on Wednesday November 1, 2023. Adjourned: 12:12 AM