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HomeMy WebLinkAbout04.19.2018 Generated 5/14/2018 4:41 PM ST. LUCIE COUNTY PLANNING & ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA P & Z Regular Meeting April 19, 2018 Convened: 6:00 PM Adjourned: 7:27 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by Chairman William O'Dell A. Pledge of Allegiance B. Invocation Mr. Hopkins Attendee Name Title Status Arrived William O'Dell Chairman Present Edward Lounds Board Member Present Craig Mundt Board Member Present William Smith Board Member Present Sean P. Mitchell Board Member Present James Clasby At-Large Board Member Present Bobby Hopkins At-Large Board Member Present Robert Lowe At-Large Board Member Present James Taylor At-Large Board Member Present Marty Sanders Ex-Officio Board Member Present D. Announcements None E. Disclosure(s) Mr. Clasby stated he spoke with several members of the public regarding all the agenda items P & Z Regular Meeting Thursday, April 19, 2018 6:00 PM 2 | P a g e Mr. Smith stated he would recuse himself from agenda item 4A. 2. MINUTES A. St. Lucie County Planning & Zoning Commission minutes for the meeting of Thursday, March 15, 2018 RESULT: ACCEPTED [UNANIMOUS] MOVER: William O'Dell, Robert Lowe SECONDER: Edward Lounds, Board Member AYES: O'Dell, Lounds, Mundt, Smith, Mitchell, Clasby, Hopkins, Lowe, Taylor 3. PUBLIC COMMENT None 4. PUBLIC HEARINGS A. Rezoning: Tindall Holdings III, LLC property from CN (Commercial, Neighborhood) to the AR-1 (Agricultural, Residential—1 du/ac) Bethany Grubbs, Planner stated the subject undeveloped property consists of 2.44 acres and is located within the Doiran Subdivision, which was originally platted in 1950 (Plat Book 9, Page 22). County records indicate that as of 1972 the subject property was zoned B-4 (General Business), which allowed for very light production and processing activities. With the adoption of the St. Lucie County Land Development Code in 1984, the County rezoned the subject parcel to CN (Commercial, Neighborhood), which is comparable to the previous B-4 zoning designation. With the exception of the subject property, the adjacent parcels have zoning designations which allow single-family detached dwellings as a permitted use. The applicant is seeking a change in zoning to allow for residential development. Single-family homesteads are not permitted under the parcel’s current commercial zoning designation. The proposed agricultural, residential zoning district which the applicant is seeking, is found on the abutting parcels to the south and east. The current zoning of the subject property is CN (Commercial, Neighborhood). The purpose of this 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. The proposed zoning of the subject property is AR-1 (Agricultural Residential - 1 du/acre), which is intended “…to provide and protect an environment suitable for single-family dwellings at a maximum density of one (1) dwelling unit per gross acre, together with such other uses as may be necessary for and compatible with very low density rural residential surroundings.” The primary use in the AR-1 zoning district is residential single-family. P & Z Regular Meeting Thursday, April 19, 2018 6:00 PM 3 | P a g e Staff has reviewed this petition and determined that it conforms to the Standards of Review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is consistent with the goals, objectives and policies of the St. Lucie County Comprehensive Plan. Staff recommends that the petition be forwarded to the Board of County Commissioners with a recommendation of approval. Public Hearing Open No one spoke Public Hearing Closed There were no questions for staff. RESULT: APPROVE [8 TO 0] MOVER: James Taylor, At-Large Board Member SECONDER: James Clasby, At-Large Board Member AYES: O'Dell, Lounds, Mundt, Mitchell, Clasby, Hopkins, Lowe, Taylor RECUSED: William Smith Conflict Memo Memorandum of Voting Conflict - P&Z Member William Smith (Tindall Holdings). Copy attached. B. Rezoning: Miller Property from the AR-1 (Agricultural Residential – 1) Zoning District to the CG (Commercial General) and IL (Industrial Light) Zoning Districts Kori Benton, Senior Planner stated the proposed change in zoning to CG (Commercial General) is proposed for the 16.21 acre portion of property situated at the north-east corner of the Low Intensity district, whereas the proposed change in zoning to IL (Industrial, Light) is reserved for the remaining 26.84 acre segment of property situated within the Medium Intensity district. The requests are designed in a manner compatible with the Future Land Use Designation of MXD as per Comprehensive Plan Table 1-3, Land Use Designation / Zoning Compatibility Chart and the Loop Road Mixed Use Activity Area. The Future Land Use designation is MXD (Mixed Use Development - Loop Road Mixed Use Activity Area), which is intended to allow for a variety of uses based upon Sub-Areas which provide for both Medium and Low intensity uses within this uniquely situated area, as follows: 1. The MXD Low Intensity district will include 50% commercial at the north-east corner with a combination of 25% Office and 25% Institutional on the remainder of the MXD Low Intensity district, which shall have a minimum 50 feet wide vegetated buffer zone along the north property line south of the canal to properly buffer the adjacent residences from future development; and 2. The MXD Medium Intensity district will be Light Industrial/Warehouse land uses, including flex space buildings. The subject properties are located in the Fort Pierce Utilities Authority (FPUA) service area with existing water and force mains located on Orange Avenue and North Jenkins Road, roughly 200 P & Z Regular Meeting Thursday, April 19, 2018 6:00 PM 4 | P a g e feet to the south of the subject site. Florida Power and Light (FP&L) is the electric provider for the subject sites. The proposed zoning districts are CG (Commercial, General) for the north 16.21 acres of the petition area along North Jenkins Road and IL (Industrial, Light) for the remaining 26.84 acres of the petition area, abutting Loop Road. The purpose of the Commercial, General zoning district “is to provide and protect an environment suitable for a wide variety of commercial uses intended to serve a population over a large market area, which do not impose undesirable noise, vibration, odor, dust, or offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with general commercial surroundings.” Based upon staff analysis contained in this memorandum, the proposed rezoning to CG (Commercial General) and IL (Industrial, Light) for this parcel is consistent with the St. Lucie County Comprehensive Plan and the Land Development Code. The subject properties are located along North Jenkins Road, adjacent to the Orange Avenue corridor, in close proximity to the interchange of Interstate 95 and Orange Avenue (SR 68), whereas the proposed zoning designation is harmonious with surrounding uses, zoning patterns, and the Comprehensive Plan. Staff recommends that the Planning and Zoning Commission of St. Lucie County forward a recommendation for approval for proposed changes in zoning to the Board of County Commissioners because the rezoning is consistent with the Standards of Review identified in Section 11.06.03 of the Land Development Code and is consistent with the goals, objectives and policies of the Comprehensive Plan. Public Hearing open No one spoke Public Hearing Closed Mr. Miller, owner of the property stated if there were any questions he would be glad to answer them. This piece of property has been in MXD overlay zoning since 2007 and we see a change in the market; there is a definite need for light industrial and commercial in this area. It is time to have this piece of property rezoned and have quality located property adjacent to I- 95 available for new commercial growth. The commission had a brief discussion on this agenda item. RESULT: APPROVE [UNANIMOUS] MOVER: Robert Lowe, At-Large Board Member SECONDER: Craig Mundt, Board Member AYES: O'Dell, Lounds, Mundt, Smith, Mitchell, Clasby, Hopkins, Lowe, Taylor C. Ordinance - Amendments to the Land Development Code regarding Telecommunications Towers and Antennas Katherine Barbieri, Assistant County Attorney stated in 2008, St. Lucie County enacted Ordinance No. 08-008 establishing guidelines for the siting of wireless telecommunications towers and antennas. In January 2009, the Board approved Ordinance No 09-003, which revised the minimum separation requirements for towers. On April 4, 2017, the Board P & Z Regular Meeting Thursday, April 19, 2018 6:00 PM 5 | P a g e approved permission to advertise a proposed ordinance amending Section 7.10.23 Wireless telecommunication Towers and Antennas of St. Lucie County Land Development Code (LDC). The intent was to reduce the separation requirements. On April 20, 2017, the Federal Communications Commission (FCC) adopted two Notices of Proposed Rulemakings and Notices of Inquiry ("NPRMs"). In the NPRMs the FCC examines regulatory impediments to wireless infrastructure investment and deployment and proposes measures to help remove or reduce such impediments. On October 17, 2014, the FCC adopted an Order pursuant to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, which provides regulations on local governments' processing and approval of certain requests to collocate equipment on existing wireless towers and base stations. On May 25, 2017, St. Lucie County engaged Gary L. Resnick, Esq. to represent the County with respect to amendments to the county code regarding wireless communication facilities, consistent with federal and state law. On or about June 6, 2017, county staff pulled the opposed amendment to Section 7.10.23 Wireless Telecommunication Towers and Antennas of the St. Lucie LDC. Mr. Resnick recommended a comprehensive revision of the code to reflect all federal and state law changes and to consider revisions to address new technologies. Staff recommends the Planning & Zoning Commission forward the draft ordinance to the Board of County Commissioners with a recommendation of approval. Mr. Resnick stated he was a communications attorney; he answered questions from the commission and complied with the requested changes from the amateur radio community. The commission discussed not moving forward unless the updated ordinance comes back before the commission, protection of residential areas, building permits exceptions, control heights, moratoriums, summarizing the written comments, amateur radio operators and antennas, local radio clubs, being self governing and monopoles. A continuance was discussed regarding bringing back the updated ordinance to the P&Z commission but the timeline of BOCC public hearings and the moratorium creates some issues. There were concerns on setbacks being applied to ham radio operators. Public Hearing Open Harold Levy, amateur radio operator stated there are over 400 members in the local area spoke on the issue. An email from Sherri Brower, local and state government liaison for the Souther Florida Section of the American Radio Relay League was entered into the record stating concerns with some wording in the proposed ordinance. The FCC's preemptive ruling know as PRB-1 states that local regulations which involve placement, screening or height of antennas based on health, safety or aesthetic considerations must be crafted to accommodate reasonable amateur communications and to represent the minimum practicable regulations to accomplish the local authority's legitimate purpose. The email stated section three should be removed and section four should be reworded. The amateur radio community stated they would work with the county to craft an ordinance that meets federal and state requirements. P & Z Regular Meeting Thursday, April 19, 2018 6:00 PM 6 | P a g e Brian Clark commented on the stealth/camouflage and the removal of the monopole. So did Robin Clark. Public Hearing Closed The commission approved the ordinance with the recommendations given by the amateur radio community. RESULT: APPROVE [UNANIMOUS] MOVER: James Clasby, At-Large Board Member SECONDER: Sean P. Mitchell, Board Member AYES: O'Dell, Lounds, Mundt, Smith, Mitchell, Clasby, Hopkins, Lowe, Taylor 5. WORKSHOPS A. There are no items scheduled. 6. OTHER BUSINESS A. There are no scheduled items. 7. ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request.