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HomeMy WebLinkAbout01.19.2017 Generated 2/2/2017 3:54 PM ST. LUCIE COUNTY PLANNING & ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA P & Z Regular Meeting January 19, 2017 Convened: 6:00 PM Adjourned: 7:48 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by Interim Chair Bobby Hopkins A. Pledge of Allegiance Attendee Name Title Status Arrived Bobby Hopkins Interim Chair Present Craig Mundt Board Member Present Edward Lounds Board Member Absent William O'Dell Board Member Present William Smith Board Member Present Kara Wood Board Member Present James Clasby 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 Absent C. Election of Officials Nomination for Chair: Ms. Wood nominated Mr. Clasby & Mr. Mundt nominated Mr. O'Dell By written ballot it was 5 to 3 in favor of Mr. O'Dell as 2017 Chair of P & Z Commission Nomination for Vice Chair: James Clasby Unanimous for Mr. Clasby to be 2017 Vice Chair of P & Z Commission P & Z Regular Meeting Thursday, January 19, 2017 6:00 PM 2 | P a g e D. Announcements None i. Welcome New Members E. Disclosure(s) Mr. Lowe stated he spoke with a couple of staff members regarding agenda item 4D Postponement on the placement of medical dispensary facilities. 2. MINUTES A. St. Lucie County Planning & Zoning Commission minutes for the meeting of Thursday, November 17, 2016 RESULT: ACCEPTED [UNANIMOUS] MOVER: Robert Lowe, At-Large Board Member SECONDER: William Smith, Board Member AYES: Hopkins, Mundt, O'Dell, Smith, Wood, Clasby, Lowe, Taylor ABSENT: Edward Lounds 3. PUBLIC COMMENT None 4. PUBLIC HEARINGS A. Resolution - Rocket Fuel 4 Corp Conditional Use Permit for Retail Sale of Undistilled Alcoholic Beverages Linda Pendarvis with the Planning Department stated this petition is the request of Mr. Henry Isquierdo for a Conditional Use permit to allow the retail trade of undistilled alcoholic beverages as accessory to the food store. Public Notice was provided in accordance with Section 11.00.03 of the Land Development Code and on January 4, 2017 an ad was placed in the St. Lucie News Tribune and 21 letters were mailed to adjacent property owners within 500 feet of the subject property. January 6, 2017 the applicant posted a sign on the subject property. To date one conditional use response form in favor was returned to the Planning Department. The subject property is located at 7301 Indrio Road the southwest corner of Indrio Road and Kings Highway. The property is zoned Commercial, Neighborhood with a towns, villages and countryside designated future land use. In 1999, the County amended the commercial neighborhood zoning district and made the retail sale of undistilled alcoholic beverages a conditional use as an accessory use to the food store. P & Z Regular Meeting Thursday, January 19, 2017 6:00 PM 3 | P a g e With the 1999 amendment to the Commercial Neighborhood zoning district, the retail sale of undistilled alcoholic beverages became a conditional use, if the use is discontinued for 12 consecutive months the conditional use permit would become null and void and a new conditional use permit would need to be approved. Staff recommends that the Planning and Zoning Commission forward a recommendation of approval to the Board of County Commissioners. The Commission discussed briefly and made a motion to approve. Public Hearing open No one spoke Public Hearing close RESULT: APPROVED [UNANIMOUS] MOVER: Craig Mundt, Board Member SECONDER: Robert Lowe, At-Large Board Member AYES: Hopkins, Mundt, O'Dell, Smith, Wood, Clasby, Lowe, Taylor ABSENT: Edward Lounds B. Resolution - Rocket Fuel 4 Corp Conditional Use Permit for Gasoline Services Linda Pendarvis stated the applicant, Rocket Fuel 4 Corp., is requesting a conditional use permit to allow the continued operation of the retail sale of gasoline services as an accessory use to the existing convenience food store within the CN (Commercial, Neighborhood) zoning district. The subject property is located at the southwest corner of Indrio Road and Kings Highway (7301 Indrio Road). The retail sale of gasoline requires a conditional use permit in the underlying CN zoning district as per Land Development Code, Section 3.01.03(Q)(7)(d)(1). The commission had no questions and proceeded with a motion to approve. Public Hearing open No one spoke Public Hearing close RESULT: APPROVED [UNANIMOUS] MOVER: William Smith, Board Member SECONDER: James Clasby, At-Large Board Member AYES: Hopkins, Mundt, O'Dell, Smith, Wood, Clasby, Lowe, Taylor ABSENT: Edward Lounds C. Ordinance - Agricultural Labor Housing / Farmworker Housing Text Amendment Linda Pendarvis stated this is the petition of Margiric Farms, LLC represented by Mr. Kenneth G. Oertel and is a request for a text amendment that will create supplemental standards for Agricultural Labor Housing for Section 7.10.08 Rural and Farmworker Housing that is currently “reserved” in the Land Development Code. The Land Development Code currently designates Agricultural Labor Housing as a conditional use in the Agricultural 5, Agricultural 2.5 and P & Z Regular Meeting Thursday, January 19, 2017 6:00 PM 4 | P a g e Agricultural 1 zoning districts. Through this text amendment, staff would also like to reword Section 7.10.08 language to be consistent with the zoning district. Agricultural Labor Housing must be licensed by the Department of Health as a Migrant Labor Camp; the health department would make regular inspections. As a condition of approval under the conditional use permit, the facility operator will be required to provide copies to the Planning Department. The Florida Department of Health have certain requirements that will be part of the review process under the supplemental standards: water and wastewater requirements. The minimum of 50 square feet of floor space for each occupant and a minimum of 100 square feet of floor space per person for overall living quarters. All living quarters shall be equipped with heat producing devices to maintain a certain room temperature and hot water also to be maintained at a certain temperature. Annual listings of farmworker housing facilities are provided to the Fire Department for inspections. These are just a few of the requirements imposed on migrant labor camps and that are monitored biannually by the Florida Department of Health. All proposed Agricultural Labor Housing developments will be reviewed under a site specific application under the Conditional Use Standards of Review process along with these supplemental standards. A conditional use application requires two public meetings: one before the planning and zoning commission and one before the Board of County Commissioners. Conditions may be attached to the Conditional Use permit as seen necessary to carry out the spirit and purpose of the Land Development Code and the St. Lucie County Comprehensive Plan. The proposed supplemental standards will provide the criteria to submit a Conditional Use Permit Application for further site specific review. Staff recommends that this petition be forwarded to the Board of County Commissioners with a recommendation for approval. The commission had a detailed discussion regarding the ordinance. There were too many questions regarding each section that it was determined that staff needed to re-write the ordinance, taking in consideration all of the issues that were brought up and bring it back to the Planning & Zoning Commission before moving forward to the Board of County Commission. The motion was to continue this item to February 16, 2017. Public Hearing open No one spoke Public Hearing close RESULT: TABLED (CONTINUED) [UNANIMOUS] Next: 2/16/2017 6:00 PM MOVER: Kara Wood, Board Member SECONDER: Craig Mundt, Board Member AYES: Hopkins, Mundt, O'Dell, Smith, Wood, Clasby, Lowe, Taylor ABSENT: Edward Lounds D. Postponement on the Placement of Medical Marijuana Dispensary Facilities P & Z Regular Meeting Thursday, January 19, 2017 6:00 PM 5 | P a g e Katherine Barbieri, Assistant County Attorney stated that pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida Statutes, St. Lucie County possesses the police powers to enact ordinances in order to protect the health, safety, and welfare of the County's citizens. The St. Lucie County Board of County Commissioners determines that it is in the best interest of its residents, businesses and visitors to enact sufficient zoning regulations to ensure their health, safety and welfare. Medical marijuana dispensing facilities are a new and unique use which is not currently addressed by the County Land Development Code or Code of Ordinances. A temporary postponement on the acceptance of applications for, the processing of and the issuance of development permits, development orders or any other official action of St. Lucie County permitting or having the effect of permitting new medical marijuana dispensing facilities will allow time to review, study, hold public hearings and prepare and adopt an amendment or amendments to the Land Development Code and Code of Ordinances to address this new and unique use. On November 15, 2016, the Board of County Commissioners (BOCC) authorized Permission to Advertise for the Postponement on the Placement of Medical Marijuana Dispensary facilities for public hearing before the local Planning Agency and two public hearings before the BOCC. The proposed ordinance states in Section 2A: For twelve (12) months following the adoption of this ordinance, or until an amendment to the Land Development Code is approved or denied, whichever occurs first, no application for any permit or development order for a medical marijuana dispensing facility shall be accepted, nor shall any permit or development order be approved for a medical dispensing facility. Staff is recommending that the Planning and Zoning Commission forward this agenda item to the BOCC with a recommendation of approval that we postpone any development right now on review activity on medical marijuana dispensaries until we enact some regulations. Public Hearing open Michael Patterson, 1409 Temporary Drive, Melbourne, FL 32940 stated he was the CEO of US Cannabis Pharmaceutical Research and Development. He applauds staff for bringing pro-active debating in zoning areas of the county to be used for medical marijuana businesses; consider the following: Consider limiting your marijuana zoning ordinance moratorium from 12 months to 6 months. With the Florida Dept. Of Health preparing to release the new operational rules which will include zoning information, in May 2017; a 6 month moratorium will enable the county to look over the Florida Dept. Of Health zoning requirements prior to finalizing the St. Lucie County zoning ordinances on medical marijuana businesses. The concern with keeping the 12 month time frame on the moratorium is two-fold. If the Florida Dept. Of Health follows the pattern of most other states; when it releases the rules and regulations for the medical marijuana program, it will begin the application process to apply for a license within 2 to 3 months at the release of the rules. In order to apply for a license to grow, produce or sell medical marijuana in Florida; you must have local zoning approval to apply. If you do not have local zoning approval; your application is rejected. If St. Lucie County keeps a 12 month moratorium on zoning it could possibly not allow anyone to apply for a license in St. Lucie County for medical marijuana business within the time frame required by the state. P & Z Regular Meeting Thursday, January 19, 2017 6:00 PM 6 | P a g e Public Hearing close The commission discussed Mr. Patterson's comments regarding the 12 month and 6 month moratorium and questioned staff of their reasoning. The commission motioned to recommend a 6 month moratorium. RESULT: APPROVE [UNANIMOUS] MOVER: Craig Mundt, Board Member SECONDER: Kara Wood, Board Member AYES: Hopkins, Mundt, O'Dell, Wood, Clasby, Lowe, Taylor ABSENT: Edward Lounds, William Smith 5. WORKSHOPS A. There are no items scheduled. 6. OTHER BUSINESS A. Approval of the 2017 Planning & Zoning Commission Meeting Schedule. RESULT: ACCEPTED [UNANIMOUS] MOVER: Craig Mundt, Board Member SECONDER: James Clasby, At-Large Board Member AYES: Hopkins, Mundt, O'Dell, Wood, Clasby, Lowe, Taylor ABSENT: Edward Lounds, William Smith 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.