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HomeMy WebLinkAbout03.16.2017 Generated 4/4/2017 8:52 AM ST. LUCIE COUNTY PLANNING & ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA P & Z Regular Meeting March 16, 2017 Convened: 6:00 PM Adjourned: 11:23 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by Chairman William O'Dell A. Pledge of Allegiance Invocation by Bobby Hopkins Attendee Name Title Status Arrived William O'Dell Chairman Present James Clasby Vice Chairman Present Edward Lounds Board Member Present Craig Mundt Board Member Present William Smith Board Member Present Kara Wood Board Member Absent Bobby Hopkins At-Large Board Member Present Robert Lowe At-Large Board Member Absent James Taylor At-Large Board Member Present Marty Sanders Ex-Officio Board Member Present C. Announcements--None D. Disclosure(s) Mr. Hopkins stated he spoke with Mary McNichols regarding retail dispensaries and he told her to come to the meeting. Mr. Taylor, Mr. Smith and Chairman O'Dell disclosed the same. Mr. Clasby stated he spoke with several members of the community about impact fees. P & Z Regular Meeting Thursday, March 16, 2017 6:00 PM 2 | P a g e 2. MINUTES NOTE: Mr. Lounds arrived after the vote of the minutes A. St. Lucie County Planning & Zoning Commission minutes for the meeting of Thursday, February 16, 2017 RESULT: ACCEPTED [6 TO 0] MOVER: Craig Mundt, Board Member SECONDER: James Clasby, Vice Chairman AYES: O'Dell, Clasby, Mundt, Smith, Hopkins, Taylor ABSENT: Kara Wood, Robert Lowe AWAY: Edward Lounds 3. PUBLIC COMMENT-NONE 4. PUBLIC HEARINGS A. 4207 : Conditional Use Permit - FPL Loggerhead Solar Energy Center Jeff Johnson, Senior Planner stated the applicant, Florida Power and Light Company (FPL) is requesting a Conditional Use Permit for the construction and operation of a 74.5 mega watt Photovoltaic Solar Center on a +/-565 acre agricultural parcel of land they own located on the south side of Glades Cut Off Road, north of the C-23 Canal. The subject property lies outside the urban services boundary and is zoned AG-5 (Agricultural - 5) and is surrounded by agricultural zoning to the north, south and west. Agricultural zoning and City of Port St. Lucie General Use zoning lies to the east. This General Use zoning as explained by the City of Port St. Lucie Planning staff is a holding area for future development and allows agricultural uses. Notice for this public hearing was placed in the St. Lucie News Tribune on March 3 and the applicant has installed the required public notice sign on the subject property. The proposed solar generation center is adjacent to an existing FPL transmission line and will create clean, renewable energy by converting sunlight via photovoltaic solar arrays into direct current electricity. This zero emission electricity will be converted into alternating current utilizing power inverters and will be carried to the collector substation where the voltage is boosted for transmission through the electric grid. The applicant has submitted a concurrent Major Site Plan for this proposed project which is currently under review. The solar generation facility includes approximately 300,000 solar panels that will cover nearly half the property, stabilized access paths that range from 16 to 20 feet in width that will be utilized for maintenance and a substation which is approximately 2 acres in size located at the northeast corner of the property. This substation includes 2 relay vaults or structures that are 15 feet in height. The solar arrays are static, operate silently, have zero reflection, no odor, and require no water, fuel or staff to operate. Access to the site will be obtained by utilizing the South Florida Water Management District easement along the southern edge of the property. During construction, FPL will maintain the roadways and easements located outside the development. P & Z Regular Meeting Thursday, March 16, 2017 6:00 PM 3 | P a g e Construction activities and deliveries to the site will occur during the hours from 7 a.m. to 6 p.m. weekdays and 8 a.m. to 5 p.m. on Saturday during the construction period. FPL will seek permission to construct a temporary construction access point that will be used strictly for the delivery of heavy oversized equipment on the northern property line, crossing the Florida East Coast Railway (FEC) railroad track. Usage of this temporary construction access point will be governed in accordance with any crossing agreements reached with FEC, and will be strictly for the delivery of aforementioned equipment and for emergency ingress/egress during the construction period. Construction will be accomplished within a 9 month period with permanent access being restored and maintained at the southeast corner of the site. The facility will be unmanned and a 7 foot high fence with one foot of barbed wire will be installed around the perimeter of the property to restrict access. FPL employees do not report to this location and there will be no water or fuel needed to operate or maintain this facility. An Environmental Impact Report was provided and reviewed by Environmental Resources Department staff. No structures or devices will be placed in any wetlands or environmentally sensitive areas. The applicant has requested a waiver from the landscaping and screening requirements in the Land Development Code. As of date, there have been no objections from adjoining property owners to the waiver. A condition of site plan approval will require the applicant to install landscaping in areas that have voids adjacent to the Glades Cut Off right-of- way so that the solar devices and relay vaults that are 15 feet in height are not visible from the road right-of-way. The applicant addressed traffic by providing a traffic statement which indicates that the proposed facility will result in a net decrease in site traffic due to the change in use from agriculture. The site proposes to have one ingress/egress access from an easement 50 feet in width running parallel and adjacent to the north right-of-way line of the C-23 Canal. This access will average four (4) monthly vehicular trips for maintenance purposes only. As required by Code, property owners within 500 feet of the subject property were noticed by mail. As of date, a total of 4 completed response forms were received; two in favor and two opposed. The Board of County Commissioners takes final action on this conditional use petition; a 4/5 majority vote by the Board would be required for if more than 50 percent of the land area within the 500 foot radius is in opposition. The applicant held a neighborhood meeting at Tradition Town Hall on February 27, to discuss the proposed project. The meeting was attended by 10 to 15 area residents who expressed concerns primarily related to traffic, noise, glare and visual impacts. Approximately a dozen FPL representatives were at the meeting to educate and address their concerns. As a result of the meeting, FPL conducted a noise study which revealed noise levels for this project will be below the maximum permissible noise limits established in the St. Lucie County Code of Ordinances. The proposed conditional use should not have an undue adverse impact upon nearby properties. The proposed solar generation facility is a low impact use which is compatible with the surrounding agricultural uses. Staff recommends to forward to the Board of County Commissioners to adopt a Resolution to approve the Conditional Use permit for a solar energy center subject to conditions in the Resolution. Florida Power & Light representative, Amy Brunjes gave their presentation to the Planning & P & Z Regular Meeting Thursday, March 16, 2017 6:00 PM 4 | P a g e Zoning Commission and answered the Commission's questions regarding vegetation enhancement, the neighbors' concerns, community outreach, buffers, lighting on site, road maintenance, reflections and hurricane force winds. Public Hearing Open Several citizens voiced their concerns about traffic, noise, glare, their quality of life and visual impacts Public Hearing Closed RESULT: APPROVE [UNANIMOUS] MOVER: Craig Mundt, Board Member SECONDER: William Smith, Board Member AYES: O'Dell, Clasby, Lounds, Mundt, Smith, Hopkins, Taylor ABSENT: Kara Wood, Robert Lowe B. Conditional Use Permit - Advantage Self Storage Jeff Johnson, Senior Planner stated the applicant, Advantage Development is requesting a Conditional Use Permit to construct a 99,150 s.f. self storage facility consisting of 900 storage units on a 5 acre vacant parcel of land located on the south side of Kitterman Road, approximately 500 feet west of the intersection of U.S. Highway No. 1 and Kitterman Road. The subject property is zoned CG (Commercial, General) and is surrounded by CG zoning to the north, south and east. To the west across a 50 foot canal right of way is a vacant parcel that is zoned RS-2. Notice for this public hearing was placed in the St. Lucie News Tribune on March 3 and the applicant has installed the required public notice sign on the subject property. The CG zoning is consistent with the commercial future land use that is designated on the property. The applicant has submitted a Major Site Plan petition for this proposed commercial development which is currently under review. Ingress and egress will be provided at both road frontages (Kitterman Road and US Highway No.1) through existing cross access easements and agreements. There are a total of four storage buildings. A three story climate control building adjacent to the Kitterman Road access and three-one story non climate controlled buildings. Behind these buildings is an approximately 40,000 s.f. of outdoor storage area for recreational vehicles, campers, motor vehicles, boat and trailers. An eight (8) foot high concrete screen wall is provided with landscaping along with west property line to buffer the residential zoned property to the west. The City of Port St. Lucie Utilities will provide water and wastewater service for the project. The Conditional Use Permit request is consistent with Land Development Code and Comprehensive Plan. The use will serve a population over a large market area and is relatively quiet and does not impose undesirable vibration, odor, dust, or offensive effects on the surrounding area and is compatible with the nearby commercial surroundings. An exterior lighting plan has been provided with 20-foot high mounted shielded light fixtures. Foot candle readings along the west property line, adjacent to residential zoned property are 0.0. As required by Code, property owners within 500 feet of the subject property were noticed by mail. As of date, we have received a total of three response forms with all three in favor. The proposed use should not have an undue adverse impact upon nearby properties. Staff P & Z Regular Meeting Thursday, March 16, 2017 6:00 PM 5 | P a g e recommends to forward a recommendation to the Board of County Commissioners to adopt a Resolution to approve the Conditional Use Permit for a self-storage facility subject to conditions in the Resolution. The Commission had a brief discussion regarding manager residence, RV storge in back and shared driveway. Public Hearing Open No one spoke Public Hearing Closed RESULT: APPROVE [UNANIMOUS] MOVER: James Clasby, Vice Chairman SECONDER: James Taylor, At-Large Board Member AYES: O'Dell, Clasby, Lounds, Mundt, Smith, Hopkins, Taylor ABSENT: Kara Wood, Robert Lowe C. Ravinia Future Land Use Map Amendment Diana Waite, Senior Planner presented staff comments for the Ravinia Port St. Lucie, LLC application for a Future Land Use Map Amendment and Preliminary and Final PUD approval and amendment to the PUD - Ravinia Zoning District. The petitions for agenda item 4C Ravinia Future Land Use Map Amendment and agenda item 4D Ravinia Preliminary and Final Development Plan approval and amendment to the Ravinia PUD zoning district will be presented concurrently, but voted on separately. The petitions are quasi-judicial public hearings. All required public notice items are included in the project agenda packet. Staff received a number of phone calls from property owners seeking general information about the project with no concerns or support expressed. Four residents have expressed concerns or objections. Three objections are regarding the project’s proposed secondary access connection to Christensen Road. The other concern is related to privacy concerns, and concerns a gopher tortoise residing on the caller's lot that utilizes the proposed development site may be negatively affected. The proposed future land use amendment applies to approximately 50 acres of the 54 acre PUD project site. The proposed change from RS to a RU future land use designation would allow a maximum of 5 units per acre, or up to 250 units on the 50 acre tract. The existing RS designation would allow a maximum of 100 residential units. Site Plan The proposed PUD consists of a two-phased residential community with two native habitat preserves, two lakes, and a .90-acre active recreational area. These preserves, open space and recreational areas represent 53.2% of the subject. The project’s main entrance is located on West Midway Road, with a secondary entrance on Christensen Road. Sidewalks and pedestrian paths will be provided throughout the site and will connect to the sidewalk system along West Midway Road. P & Z Regular Meeting Thursday, March 16, 2017 6:00 PM 6 | P a g e The PUDs density is 2.77 units per acre. Preserves over 25% of the existing native habitat. Maintains existing vegetation within buffer areas to the extent possible, with supplemented native vegetation to be added where needed to buffer adjacent properties. The draft Resolution includes 17 Conditions of Approval (COA), including: Prohibiting the use of Christensen Road as a construction entrance for the project. All construction vehicles are to utilize the project’s main entrance point on West Midway Road; and Transit Improvements - includes a dedicated easement for a shelter and a fee in lieu of construction payment of $15,750 to St. Lucie County, to be paid no later than 60 days after the project’s approval. Based upon the information provided, staff has found the proposed land use change to be consistent with the Goals, Objectives and Policies as set forth in the County's Comprehensive Plan. Staff recommends the Planning and Zoning Commission forward the petition to the Board of County Commissions with a recommendation that the amendment be transmitted to the State of Florida for further review. Subject to approval of the future land use amendment, and the recommended conditions of approval, the proposed PUD meets the Land Development Code Standards of Review and is consistent with the Comprehensive Plan. Staff recommends that the Planning and Zoning Commission forward this item to Board of County Commissions with a recommendation of approval. The Commission discussed bus pick up for school children, lighting safety, annexing by Port St. Lucie, size of lots, set backs, Phase One and Phase two of the project, acreage, gated, density consistent with surrounding, Home Owners Assoication (HOA), Christensen Road, secondary access for safety, water issues and larger buffers/high walls. Public Hearing Open Several citizens voiced their concerns regarding density, traffic on Christensen Road and other traffic issues, water problems, noise issues and size of the houses Public Hearing Closed DISCLAIMER: Mr. Clasby stated his former company built Mr. Harless' house (one of the citizens speaking in the public hearing). RESULT: DENY [4 TO 3] MOVER: James Clasby, Vice Chairman SECONDER: Edward Lounds, Board Member AYES: James Clasby, Edward Lounds, Bobby Hopkins, James Taylor NAYS: William O'Dell, Craig Mundt, William Smith ABSENT: Kara Wood, Robert Lowe D. Ravinia Preliminary and Final Development Plan Approval and Amendment to the Ravinia PUD Zoning District P & Z Regular Meeting Thursday, March 16, 2017 6:00 PM 7 | P a g e Diana Waite, Senior Planner presented staff comments for the Ravinia Port St. Lucie, LLC application for a Future Land Use Map Amendment and Preliminary and Final PUD approval and amendment to the PUD - Ravinia Zoning District. The petitions for agenda item 4C Ravinia Future land Use Map Amendment and agenda item 4D Ravinia Preliminary and Final Development Plan approval and amendment to the Ravinia PUD zoning district will be presented concurrently, but voted on separately. Public Hearing Open Citizens spoke on Agenda item 4C included this agenda item with their concerns/comments Public Hearing Close RESULT: DENY [6 TO 1] MOVER: James Clasby, Vice Chairman SECONDER: James Taylor, At-Large Board Member AYES: O'Dell, Clasby, Lounds, Smith, Hopkins, Taylor NAYS: Craig Mundt ABSENT: Kara Wood, Robert Lowe E. Establishing Zoning Regulations for the Dispensing Of Low-THC Cannabis and Medical Cannabis Katherine Barbieri, Asst. County Attorney stated pursuant to Article 8 of the Florida Constitution and Section 125.66 Florida Statutues, 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 vistors 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 St. Lucie County Land Development Code or Code of Ordinances. Section 381.986(8)(b), Fla. Stat., permits counties to "determine by ordinance the criteria for the number, location, and other permitting requirements that do not conflict with state law or department rule for all dispensing facilities of dispensing organizations located within the unincorporated areas of that county". In November, 2016, the voters of the State of Florida approved constitutional amendment Article X, Section 29 on medical marijuana. The Department of Health is in the process of formulating rules to implement the constitutional provision. Before passage of the constitutional amendment, the 2014 legislature had already enacted Section 381.986, Florida Statue, authorizing the dispensing and use of medical marijuana in certain circumstances and subject to strict controls. That statute will likely be amended in the 2017 legislative sessions to conform to the new constitutional provision. The proposed ordinance amends the existing code to establish as a permitted use in commercial general and industrial establishments that dispense low-THC cannabis or medical marijuana more specifically, the proposed ordinance does the following: Sets the minimum distance between any establishment dispensing low-THC and medical marijuana, schools and parks (1,000 feet); & other establishments dispensing same (one mile). P & Z Regular Meeting Thursday, March 16, 2017 6:00 PM 8 | P a g e Limit such facilities to set operating hours (between 7am and 9 pm) daily and also prohibits the dispensing and consumption of low-THC and medical cannabis, as well as the consumption of alcohol on site of the dispensing establishment. Security and outdoor lighting as provided in Section 381.986 Florida Staturtes. On February 21, 2017, the St. Lucie County Board of County Commissioners authorized permission to advertise for establishing zoning regulations for the dispensing of medical cannabis for public hearing before the Local Planning Agency and two public hearings before the Board of County Commissioners. Staff recommends the Local Planning Agency forward the draft ordinance to the Board of County Commisioners with a recommendation of approval. The Board had discussions regarding being compatible with the City of Ft. Pierce and Port St. Lucie and also the need not to be compatible; Ft. Pierce is generally supportive of the concept, free market approach, lowering the perimeters of the 1,000 feet and one mile; banking issues; distance requirements, away from schools, no growing on site removing the Industrial Light (IL) zoning, and high standards. There was a typo that was corrected...on site instead of outside. Public Hearing Open Mary McNicholas and Jeff Slugett represent a nursery that has one of the seven approved State licenses to grow, cultivate, dispense and produce medical cannabis. They gave a short presentation and passed out booklets to the members regarding dispensaries. Dan Davin, a resident of St. Lucie County stated it's selling a product, certain people are allowed to buy the product. So much has been added to it with limitations as if people are going to cause problems. Brent McCain, Southern Comfort Marijuana Clinic talked about breaking the stigma of medical marijuana. Public Hearing Close RESULT: APPROVE [UNANIMOUS] MOVER: William Smith, Board Member SECONDER: Edward Lounds, Board Member AYES: O'Dell, Clasby, Lounds, Mundt, Smith, Hopkins, Taylor ABSENT: Kara Wood, Robert Lowe F. Ordinance Amending Chapter 24 Impact Fees Linda Pendarvis, Comprehensive Planning Coordinator stated agenda item F include four draft ordinances, if adopted will amend Article IV through Article VII of Chapter 24 Impact Fees of the St. Lucie County Land Development Code and Compiled Laws by amending Law Enforcement Impact Fees, Libraries Impact Fees, Park Impact Fees, and Public Buildings Impact Fees. St. Lucie County contracted with Dr. Nicholas to update the impact fees for library, public buildings, park & recreation and law enforcement. P & Z Regular Meeting Thursday, March 16, 2017 6:00 PM 9 | P a g e Mr. Nicholas gave a power point overview of the impact fees and calculations and answered questions from the Commission. He had to explain that some of the questions that were being asked, he could not answer because they were "policy questions". Each impact fee had a public hearing, so there are four separate votes by the Commission. NOTE: Mr. Clasby left before voting began due to a family emergency. Public Hearing Open No one spoke Public Hearing Close LAW ENFORCEMENT IMPACT FEES RESULT: APPROVE (UNANIMOUS) MOVER: Edward Lounds, Board Member SECONDER: William Smith, Board Member AYES: O'Dell, Mundt, Hopkins, Taylor, Smith, Lounds ABSENT: Kara Wood, Robert Lowe AWAY: James Clasby Public Hearing Open No one spoke Public Hearing Close LIBRARY IMPACT FEES RESULT: APPROVE (UNANIMOUS) MOVER: Edward Lounds, Board Member SECONDER: William Smith, Board Member AYES: O'Dell, Mundt, Hopkins, Taylor, Smith, Lounds ABSENT: Kara Wood, Robert Lowe AWAY: James Clasby Public Hearing Open No one spoke Public Hearing Close PARKS IMPACT FEES RESULT: APPROVE (UNANIMOUS) MOVER: Edward Lounds, Board Member SECONDER: William Smith, Board Member AYES: O'Dell, Mundt, Hopkins, Taylor, Smith, Lounds ABSENT: Kara Wood, Robert Lowe AWAY: James Clasby P & Z Regular Meeting Thursday, March 16, 2017 6:00 PM 10 | P a g e Public Hearing Open No one spoke Public Hearing Close PUBLIC BUILDINGS IMPACT FEES RESULT: APPROVE (UNANIMOUS) MOVER: Edward Lounds, Board Member SECONDER: William Smith, Board Member AYES: O'Dell, Mundt, Hopkins, Taylor, Smith, Lounds ABSENT: Kara Wood, Robert Lowe AWAY: James Clasby RESULT: APPROVE [6 TO 0] MOVER: Edward Lounds, Board Member SECONDER: William Smith, Board Member AYES: O'Dell, Lounds, Mundt, Smith, Hopkins, Taylor ABSENT: Kara Wood, Robert Lowe AWAY: James Clasby G. Ordinance - Amending Article III of Chapter 24 (Fire/EMS Protection Impact Fees) Heather Young, Assistant County Attorney stated the draft ordinance, if adopted would amend Article III of Chapter 24 (Fire/EMS Protection Impact Fee) of the St. Lucie County Code and Compiled Laws by amending Section 24-55 Computation of the Amount of Fire/EMS Protection Impact Fees, to provide for changes in the amount of the impact fee based on an October 4, 2016 study performed by Dr. James Nicholas. Staff recommends that the Planning & Zoning Commission forward the proposed ordinance to the Board of County Commissioners with a recommendation of adoption. Chief Buddy Emerson of the St. Lucie Fire District answered questions from the Commission. Mr. Nicholas gave a detailed presentation of the impact fees and also answered questions from the Commission. He had to explain that some of the questions he could not answer because they were "policy questions". Public Hearing Open No one spoke Public hearing Close RESULT: APPROVED [6 TO 0] MOVER: James Taylor, At-Large Board Member SECONDER: William Smith, Board Member AYES: O'Dell, Lounds, Mundt, Smith, Hopkins, Taylor ABSENT: Kara Wood, Robert Lowe AWAY: James Clasby 5. WORKSHOPS A. There are no items scheduled. P & Z Regular Meeting Thursday, March 16, 2017 6:00 PM 11 | P a g e 6. OTHER BUSINESS A. In April, there will be training for commission members regarding having county emails 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.