Loading...
HomeMy WebLinkAbout08.20.2020Present Excused PLANNING & ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA Regular Meeting August 20, 2020 Convened: 6:01 PM Adjourned: 7:07 PM 1.CALL TO ORDER The meeting was called to order by Chairman O'Dell at 6:01 PM. 2.PLEDGE OF ALLEGIANCE 3.INVOCATION The invocation was led by Mr. Bridgers. 4.ROLL CALL The meeting was called to order at 6:01 PM, by Chair Billy O'Dell Chair Billy O'Dell, Board Member, Board Member Bob Lowe, Board Member Craig Mundt, Board Member Ed Lounds, Vice-Chair James A. Taylor, Board Member Ryan Binner, Board Member Valerie Slack, Board Member Craig Bridgers Board Member Lawrence "Beau" Slay 5.ANNOUNCEMENTS None. 6.DISCLOSURE(S) None. 7.MINUTES Planning & Zoning Commission Meeting Thursday, August 20, 2020 6:00 PM 2 | P a g e APPROVE Board Member Ed Lounds Board Member Bob Lowe Billy O'Dell, Bob Lowe, Craig Mundt, Ed Lounds, James A. Taylor, Ryan Binner, Valerie Slack, Craig Bridgers None None RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: A.St. Lucie County Planning & Zoning Commission minutes for the meeting of July 16, 2020. Approved unanimously. 8.PUBLIC COMMENT None. 9.PUBLIC HEARINGS A.All Contractor Services, Inc. ‐ Amendment to the Official Zoning Atlas (Rezoning) from RF (Religious Facilities) to AG‐2.5 (Agricultural ‐ 2.5) Zoning District. Presented by Tahir Curry, Associate Planner. Agenda Item #9A is a Rezone Petition for All Contractor Services, Inc.; a 6.65-acre site located on the Southeast corner of Okeechobee Road and Eleven Mile Road, at 11275 Okeechobee Road. This item was continued from the July 16, 2020, P & Z meeting. The Future Land Use designation is RE (Residential Estate), The Residential Estate (RE) land use category “is intended to act as a transitional area between the agricultural areas and the more intense residential areas in the eastern portion of the County. The proposed rezoning to the AG-2.5 (Agricultural-2.5) Zoning District is consistent with the Residential Estate Future Land Use designation, per the Comprehensive Plan Table 1-3 - Land Use Designation / Zoning Compatibility Chart. On May 16, 2000, the St. Lucie County Board of County Commissioners approved Resolution 00-024, granting a change in zoning from the AG-2.5 (Agricultural - 2.5) to the RF (Religious Facilities) Zoning District for the subject property. The site is currently has a zoning designation of Religious Facilities. Mailed out notices were sent to 12 property owners within 500 ft. of the subject site. The Planning Department received one (1) response in favor of the proposed rezone, highlighted in green. Jeanne R. Bailey is in favor of the rezone 2328-501-0002-000-5 8306 Hibiscus Rd, Fort Pierce, FL 34951 A Notice of Violation was sent to the due to several prohibited and abandoned items being stored on the property. The applicant is working with Code Enforcement and the Planning Department on correcting Planning & Zoning Commission Meeting Thursday, August 20, 2020 6:00 PM 3 | P a g e the violation on the subject site. Most of the violations have been corrected except for a barn structure built without a building permit, which is nonconforming in the existing zoning district. Should the rezoning be approved, the property owner will need to apply for an after the fact permit to bring the site into compliance. STAFF RECOMMENDATION This petition conforms to the Standards of Review as set forth in St. Lucie County Land Development Code Section 11.06.03 and is consistent with the St. Lucie County Comprehensive Plan goals, objectives, and policies. Mr. Lowe disclosed that he discussed the petition with agent of the Dennis Murphy, with Culpepper & Terpening, Inc. AGENT PRESENTATION Dennis Murphy, Culpepper & Terpening Inc. 2980 S 25th St, Fort Pierce FL, 34981. Request that the Board forward a recommendation of approval to BOCC to change the current zoning from RF (Religious Facilities) to AG-2.5 (Agricultural - 2.5) to allow a home construction and future endeavors. He also tated that all the equipment on the property that caused the Code violation has been removed from the site with the exception of the shade shelter, which provides shelter for their horses on the property and will be addressed. QUESTIONS FOR THE AGENT Mr. Lounds asked if there is a business currently being run on the property. Dennis stated no, however there are commercial opportunities the applicants intention is to construct a home on the property with potential business use within the guidelines of County codes. Marty asked if this the same property that was an applicant was previously proposing to construct a charter school. Dennis stated yes, however the project did not advance. RESULT:APPROVE MOVER:Vice-Chair James A. Taylor SECONDER:Board Member Bob Lowe AYES:Billy O'Dell, Bob Lowe, Craig Mundt, Ed Lounds, James A. Taylor, Ryan Binner, Valerie Slack, Craig Bridgers NAYS:None EXCUSED:None B.Backyard Chickens Ordinance Presented by Katherine Barbieri, Assistant County Attorney. Also assisting was Monica Graziani, Building & Code Regulations Manager. Presenting an ordinance to allow backyard chickens with conditions. Staff recommends a ‘registration’ program for all new chicken owners. Planning & Zoning Commission Meeting Thursday, August 20, 2020 6:00 PM 4 | P a g e Registration to include a nominal fee of $ 25.00 and the following standards: 1.Coop standards / need setbacks from neighboring properties 2.Exclude the River Park Subdivision / Overlay District 3.Chicken Waste - nitrogen impacts to Indian River Lagoon 4.Odors 5.Noise - prohibit roosters 6.Rodents / storage of feed / no plastic containers 7.Disposal of deceased chickens 8.Diseases - Veterinary Care - Consult with Dr. Adams, a local farm animal/equine/livestock vet) 9.Permit requirement - do not require 10.Coop size four feet per bird maximum 125 ft. maximum height, screening to ease noise and order 11.No rooster 12.Five chickens maximum per household 13.RS-2, RS-3 and RS-4, excluding River Park overlay zone. 14.No onsite slaughtering Section 7.10.03 Animals in Residential Districts, St. Lucie County Land Development Code states:" A. Except as provided in this section, no animals shall be kept in any residential district except those animals generally recognized as household pets, such as dogs, cats, caged birds. It recognizes chickens as farm animals, not caged birds. STAFF RECOMMENDATION Staff recommends that the Planning & Zoning Commission forward the petition to the Board of County Commissioners with a recommendation of approval. QUESTIONS FOR STAFF Mr. Lowe asked about the policy to enforce backyard chicken ordinance rules and regulations. Ms. Barbieri stated that it’s up to a $250 fine per day, and 2-hearing process. Chair O’Dell asked about the maximum number of chickens. Ms. Barbieri stated that the five chickens per household, no rooster. Mr. Lounds asked about the housing of the chicken. Mr. Barbieri stated that they cannot be free range and must be in a cage, if outside the care, must be watched by their owners. Mr. Mundt asked about setbacks/ waterways and the process by which a neighbor can file a complaint. Mr. Lowe asked about the size of the property and if homeowners in HOA can apply for the chicken permit. At least 10,000 sf with a single-family occupied home. Homeowner’s association approval letter must be provided. Chair O’Dell asked about the financial impact of the permit. Mr. Barbieri stated $25.00 for the applicant and $109.00. Vice-chair Taylor asked with the permit would be associated to the owner of the home. Mr. Barbieri explained that the permit is voided with the new home ownership. Various questions were asked regarding inspection of chickens/, potential sales of chickens/eggs, potential virus/disease transmissions, Monica Graziani, Building & Code Regulations Manager, spoke about the recommendations of Dr. Brett Adams, Midway Veterinary Hospital, regarding transmission of viruses and diseases from chickens to human. She also discussed the proposal to encourage chicken registration and the requirement of annual inspections and chicken coop droppings. Further discussions regarding 4-H children involved with Chickens and how many sites would be created if the Backyard Chicken Ordinance were adopted. Also discussed the number of cases of complaints within the past five years which totaled approximately sixty; the financial impact and alternate ways to inspect. Planning & Zoning Commission Meeting Thursday, August 20, 2020 6:00 PM 5 | P a g e Further discussion regarding the design of the coop such as mobility and height. VIRTUAL PUBLIC COMMENT Read by Nadege Pierre, Board Clerk: “Hello, Thank you for asking my opinion on this matter. I love living in IRE because of the freedoms provided to us that the city of PSL and Fort Pierce do not have. I hope to never be annexed. As far as homeowners wishing to responsibly care for chickens on their property has my vote. I would suggest/request that noone start a Purdue chicken farm in our neighborhood lol...but I smile when I hear roosters, it is nature at its best and certainly feel it is a nice freedom to have while living in IRE. IRE may not be for everyone, I know the minor complaints will fix themselves. I believe we have lived many years in harmony for the most part and hope for a future to be the same. Port Saint Lucie is nice and quiet, regimented, filled with do nots..that people might feel more comfortable moving to if they are unhappy in IRE. Thank you for keeping IRE one of the last areas around, that is family oriented, clean, and especially free from a foot on our neck from rules and regulations. The homeowners/volunteer association, assist with allowing people to be self accountable, and responsible human beings and self governing in a way. The way things should be. Thank you for the opportunity to have an input on this subject and for considering our feelings, I am a proud homeowner in IRE. Hopes that other homeowners feel the same. As always, if our neighborhood is ever in need and my family can assist, please do not hesitate to ask. Looking forward to speaking with the Association in the future. Stay well! Warm Regards, Wighard-Downey family on Palmetto Drive The last comment is from myself, Shawn DeSantis. I read the ordinance and took issue with the Registration Program / permit. I will send a separate email with my edits and comments of the draft ordinance. The comment below is my own and does not necessarily represent the view of the IRE board, association members, or residents in IRE: I appreciate the county’s willingness to address this topic. Many residents are interested, as am I, in keeping chickens; and a lot already do. However, I do not support a Chicken-Keeping Registration Program. I do not support or want the county to regulate this to such an extent. This is part of the annoyance of big government and an overstep of your authority. You are making unreasonable requests, adding a tax, and requiring me to submit to annual inspection without a warrant or cause, see the 4th amendment. I see no cause for an annual inspection to keep 5 domesticated chickens. You do not require a permit to keep domesticated dogs or cats, exotic birds, or a vegetable garden. I don’t believe it is the right of the county to allow or deny me the ability to keep a small flock of domesticated chickens intended to provide nutrition for my family. It is a right as self-evident as a vegetable garden. People are already keeping chickens and it is a code violation. What makes you think we will go through this ridiculous and lengthy process? Planning & Zoning Commission Meeting Thursday, August 20, 2020 6:00 PM 6 | P a g e I am ok with some of the restrictions and codes in this ordinance. We understand the difference between rural and suburban environments. Enforcement of the code does not need to take the form of a permitting process but instead, as with other code violations, on a case by case basis as/if needed. Submitted with respect, Shawn DeSantis” PULBIC COMMENT Forest Blanton, 6905 S Indian River Drive, Fort Pierce, FL 34982. He is in favor of the Chicken Ordinance and is in favor of the annual inspection lives in RE-2 and request that RE-2 and RE-1 be included in the Chicken Ordinance. Various questions regarding chicken registration for renters. Both owner and tenant would have to complete the registration and be held accountable for any violations. The permit is non-transferable. At this point chickens are the only animals be considered. RESULT Forward a recommendation of approval with the following recommendation to BOCC: 1.Remove annual inspection 2.Remove language that references land development standards regarding the coop 3.Consider additional set-back along waterways with respect to a chicken coop 4.Incorporate additional zoning districts—RE-1 and RE-2 5.Clarify the language with regard to landlord and tenant approval 6.Allow movable coops as long as it is within the set-back RESULT:APPROVE MOVER:Board Member Ed Lounds SECONDER:Board Member James A. Taylor AYES:Billy O'Dell, Bob Lowe, Craig Mundt, Ed Lounds, James A. Taylor, Ryan Binner, Valerie Slack, Craig Bridgers NAYS:None EXCUSED:None 10.WORKSHOPS None. 11.OTHER BUSINESS Chair O'Dell stated that the September Planning and Zoning Commission meeting date has been res cheduled to the usual Third Thursday (September 17, 2020) as there is no conflict with the Budget H earing meeting this year. 12.ADJOURN The meeting was adjourned by Mr. O'Dell at 7:07 PM.