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HomeMy WebLinkAbout10.20.2016 Generated 11/3/2016 10:34 AM ST. LUCIE COUNTY PLANNING & ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA P & Z Regular Meeting October 20, 2016 Convened: 6:00 PM Adjourned: 10:12 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by Chair Stephanie Morgan A. Pledge of Allegiance Everyone stood for the Pledge of Allegiance Attendee Name Title Status Arrived Stephanie Morgan Chair Present Bobby Hopkins Vice Chair Absent Edward Lounds Board Member Present James Clasby At-Large Board Member Present William O'Dell Board Member Absent William Smith Board Member Present Charles Grande Board Member Present Robert Lowe At-Large Board Member Present James Taylor At-Large Board Member Present Marty Sanders Ex-Officio Board Member Present C. Announcements Bonnie Landry, Planning Manager apologized to the Commission of the late submittal of the Planning & Zoning agenda. D. Disclosure(s) Mr. Clasby stated he spoke with Joe Cicio regarding the first public hearing; Ms. Morgan stated she spoke with a home owner in the area and the applicant's representative. P & Z Regular Meeting Thursday, October 20, 2016 6:00 PM 2 | P a g e 2. MINUTES RESULT: ACCEPTED [UNANIMOUS] MOVER: Robert Lowe, At-Large Board Member SECONDER: James Clasby, At-Large Board Member AYES: Lowe, Lounds, Clasby, Smith, Grande, Morgan, Taylor ABSENT: William O'Dell, Bobby Hopkins 3. PUBLIC COMMENT GENERAL PUBLIC COMMENTS Mr. Caplin gave thanks for the work being done by staff and spoke on the property at 738 Prima Vista Blvd. 4. PUBLIC HEARINGS A. Ordinance - Proposed Text Amendment to the Land Development Code, Prima Vista WaWa Bonnie Landry, Planning Manager presented a petition on behalf of Brightwork Real Estate for a text amendment to the St. Lucie County Land Development Code to allow the uses of gas stations and eating places. This is a Legislative public hearing and notice was published in the St. Lucie News Tribune on October 6, 2016. Staff has been working with this applicant for the past year. Prior to the submittal of this text amendment application, the Planning division contracted with a consultant to draft a revision to the Overlay in response to the consensus from residents who attended the River Park neighborhood meetings. The consensus resulting in these workshops was to encourage small scale office uses and redevelopment of existing structures. The applicant has been advised that the uses proposed are specifically prohibited by the Overlay because the high intensity uses are not compatible with the surrounding residential neighborhood. The River Park Community Overlay was established in 1996 with three main purposes: To recognize the changing conditions along Prima Vista Blvd by providing standards by which a change in zoning from residential to commercial shall follow; these standards are intended to provide for an orderly and logical transition from residential to nonresidential zoning; and most importantly these standards are designed in such a way to protect those parcels remaining as residential from the impacts of commercial development. And the main way the Overlay achieves this is by prohibition certain high-intensity, high-impact commercial uses and allowing for low-intensity, low-impact commercial office type uses. The prohibition of high-impact uses are itemized in Section 4.02.05, where three uses are specifically prohibited regardless of the zoning classification. Those uses are eating and drinking places, gasoline and other fuel sales and services, and drive-in facilities. These uses are specifically called out as prohibited due to their highly-impactful nature imposed upon the surrounding residential homes. So the petition proposes to strike the first two uses in support of developing a 24-hour convenience store, which would offer retail sales of gasoline, convenience P & Z Regular Meeting Thursday, October 20, 2016 6:00 PM 3 | P a g e items and made-to-order food services. The prohibition of these high-intensity uses were further solidified by the residents of the River Park neighborhood through a series workshops held by the planning department in 2014, where they stated their desire to retain the prohibition of gas stations. Planning staff is currently working with an outside consultant to update the River Park Community Overlay language to include the remaining points and plans to bring it to the Board for review this winter. Staff is recommending that the petition of Brightwork Real Estate to amend the River Park Community Overlay Zone be forwarded to the Board of County Commissioners with a recommendation for denial, because it is: • Inconsistent with the Comprehensive Plan and Land Development Code; • Is inconsistent with Objective 1.1.8 and Policy 1.1.8.4; and • Is contrary to the intent and purpose of the River Park Community Overlay Zone as confirmed in recent workshops. The Commission had a detailed discussion regarding the site plan, the workshops, landscaping, fuel trucks, lighting, off hours, the overlay not county imposed, approval of the text amendment but denial of the site plan. Public hearing open Several property owners gave their views on the agenda item Public hearing close There was a 4-3 vote in favor of the text amendment * RESULT: APPROVED [4 TO 3] MOVER: James Clasby, At-Large Board Member SECONDER: Edward Lounds, Board Member AYES: Edward Lounds, James Clasby, William Smith, James Taylor NAYS: Stephanie Morgan, Charles Grande, Robert Lowe ABSENT: Bobby Hopkins, William O'Dell B. Resolution - Preliminary/Final Planned Non Residential Development Site Plan, Zoning Atlas Amendment (Rezoning) and Conditional Use Permits Jeff Johnson, Senior Planner presented development petitions for Brightwork Real Estate for a proposed WaWa Convenience Store. These petitions include: 1. A Planned Non Residential Development or PNRD Site Plan for a proposed convenience store 2. A Zoning Atlas Amendment or Rezoning from RS-4, (Residential, Single Family - 4) to PNRD (Planned Non Residential Development) 3. Conditional Use Permits for the retail sale of gasoline P & Z Regular Meeting Thursday, October 20, 2016 6:00 PM 4 | P a g e 4. The retail sale of beer and wine as accessory uses to the proposed convenience store It should be noted that the applicant conducted a neighborhood meeting with property owners within 500 feet of the subject property on August 31st of this year to discuss the proposed project. Approximately 30 area residents attended the meeting with the majority speaking in favor. However, there were concerns raised by the residents with increased traffic flows that may encroach into the surrounding single family residential areas. The subject property is located in an Intersection Zone. The provisions in the River Park Overlay require a Planned Non Residential Site Plan for the development or redevelopment of the properties located in an Intersection Zone. As per Land Development Code, Section 7.01.01- the purpose of a Planned Non Residential Development is to achieve a superior quality development with a design that encourages an environment of stable character and compatibility with surrounding land uses. This is important to note as a majority of the surrounding land uses are residential, with the exception of the northeast and southeast corners of the intersection that are developed with a pharmacy and auto parts store and a real estate office. The Land Development Code, Section 11.02.07 establishes the standards of review for site plans. Site plan approval shall be granted only if the applicant demonstrates compliance with the following standards….namely…consistency with the Land Development Code and Comprehensive Plan; the effect on nearby properties; adequacy of public facilities, fire protection and school facilities and the impact on the natural environment. This proposed planned nonresidential development site plan fails to comply with consistency with the land development code requirements, the comprehensive plan requirements - more specifically policy 1.1.8.4 due to its incompatibility with surrounding residential land uses, the impact on adjacent residential properties and the adequacy of public facilities. The River Park Overlay identifies a number of site plan performance standards that a site plan must adhere to. The applicant has failed to comply with 5 of the 8 performance standards. The proposed building design meets the general intent of the County’s Community Architectural Standards. However, it fails to meet the purpose and intent of the PNRD as the scale and use are not compatible with the surrounding residential uses. The other petition is the Amendment to the Official Zoning Atlas or Rezoning. The applicant is requesting to rezoning nine (9) of the ten (10) existing lots which comprise of approximately 2 acres from RS-4 (Residential, Single Family - 4) to PNRD (Planned Non Residential Development). Land Development Code, Section 4.02.03 - Limitations on Rezoning Applications, requires any commercial development within an Intersection Zone be zoned PNRD, subject to CN and CO zoned uses and limitations. Land Development Code, Section 11.06.03 establishes the standards for reviewing amendment to the Official Zoning Atlas. As shown in the compliance matrix the Rezoning fails to comply with nearly all of the standards of review as it is inconsistent with the Land Development Code and Comprehensive Plan policies. The proposed uses may impose a negative impact on the P & Z Regular Meeting Thursday, October 20, 2016 6:00 PM 5 | P a g e surrounding River Park neighborhood therefore reducing adjacent single family home property values and would create a development pattern of high intensity commercial uses adjacent to single family residences. The proposed amendment is not in keeping with the public interest as demonstrated through the most recent series of neighborhood workshops and is not in harmony with the intent of the River Park Community Overlay Zone. The next petition is a request for conditional use permits for the retail sale of gasoline and un- distilled packaged alcoholic beverages (beer and wine) as accessory uses to the convenience store as required by the CN zoning district. Land Development Code, Section 11.07.03 establishes the standards for reviewing Conditional Use Permits amendment to the Official Zoning Atlas. The Conditional Use Permits fail to comply with 3 of the 5 standards of review,…namely due to conflicts with the land development code …..Inconsistencies with the Comprehensive Plan policies…..the effects on adjacent single family residents….. and are not in harmony with the intent of the River Park Community Overlay Zone. Conditional use response forms were mailed out to property owners within 500 feet of the subject property. LDC requirements state that if 50 percent of the land area within the 500 foot radius is in opposition, the proposed conditional use permit requires a 4/5th majority vote by the Board of County Commissioners. Staff recommends the Planning and Zoning Commission forward a recommendation of denial to the Board of County Commissioners for the Preliminary and Final Planned PNRD Site Plan, Zoning Atlas Amendment and Conditional Use Permits. Brad Currie of Engineering Design and Construction, agent for the applicant gave a detailed presentation. The engineer representing WaWa, along with Susan O'Rourke, civil engineer spoke regarding the issues being raised by the commission. The Commission discussed concerns regarding the construction plan. Being a 24 hour location, music playing under the canapés bothering surrounding neighbors; increased traffic, major arterial, traffic congestion; ingress and egress at Prima Vista, widening on Floresta, classification of Prima Vista Blvd., speed limits; letter from Port St. Lucie, & fuel trucks. The representative for the school district, Marty Sanders stated there were no concerns. Public hearing open for PNRD site plan Several property owners gave their views Public hearing close for PNRD site plan Motion to Deny the PNRD site plan RESULTS: 6-1 (Deny) with comments: Not compatible with surrounding properties; had in-adequate public facilities; currently not consistent with River Park Overlay; in conflict with Comp plan sections 1.1.8 & 1.1.8.4; exceeds height limit and fails driveway test. Also, adding Mr. Clasby's comments of some of the turn-out lanes needs to be modified; and some of the building location on the actual site to allow more room for delivery trucks to get around the corner in the back needs to be P & Z Regular Meeting Thursday, October 20, 2016 6:00 PM 6 | P a g e looked at or be shown more precisely on the plan and concerns with the 24 hour and music playing under the canapés. MOVER: Grande SECONDER: Lowe AYES: Grande, Lowe, Morgan, Clasby, Taylor, Smith NAYS: Lounds ABSENT: O'Dell, Hopkins Mr. Grande stated this is an unusual situation talking about changing the zoning to PNRD without a site plan. It is legal to do that but it is much better to do the zoning change in conjunction with the site plan approval. That is the basic concept of any of those types of zoning. There is no major objection to WaWa; the Commission should not change the zoning until the new or updated site plan comes back concurrent with the zoning change; that is how it's been done in the past. Heather Young, assistant county attorney brought up that it was understood that the site plan and rezoning PNRD are traditionally tied together because this PNRD has specific conditions which allows it to not fall under the straight zoning; so if you don't have the site plan you usually don't do the PNRD. The site plan and PNRD are tied together as one vote. Public hearing open for rezoning from residential, Single Family-4 to PNRD Several property owners gave their views Public hearing close for rezoning from residential, Single Family-4 to PNRD Motion of Rezoning from Residential, Single family-4 to PNRD is connected to the motion of the site plan denial RESULTS: 6-1 MOVER: Grande SECONDER: Lowe AYES: Grande, Lowe, Morgan, Clasby, Taylor, Smith NAYS: Lounds ABSENT: O'Dell, Hopkins * Mr. Grande made the motion to recommend denial based on the fact the Commission is recommending denial of the rezoning and the site plan, however, in the event the Board of County Commissioners approves the PNRD rezoning and site plan, the Commission would support approval of the proposed conditional uses. Public hearing open for Conditional Use for retail sale of gasoline No one spoke Public hearing close for Conditional Use for retail sale of gasoline RESULTS: 5-2 to Deny MOVER: Grande P & Z Regular Meeting Thursday, October 20, 2016 6:00 PM 7 | P a g e SECONDER: Taylor AYES: Grande, Taylor, Morgan, Smith, Lowe NAYS: Lounds, Clasby ABSENT: O'Dell, Hopkins * Mr. Grande recommended denial of the conditional use for beer and wine with the proviso that we as a board are recommending that the conditional use be approved by the Board of County Commissioners if & when they approve the site plan & zoning change. Public hearing open for Conditional Use for retail sale of beer and wine as an accessory use No one spoke Public hearing close for Conditional Use for retail sale of beer and wine as an accessory use RESULTS: 5-2 to Deny MOVER: Grande SECONDER: Taylor AYES: Grande, Taylor, Smith, Morgan, Lowe NAYS: Lounds, Clasby ABSENT: O'Dell, Hopkins C. Postponement of the Placement of Wireless Communication Facilities in Rights-of-Way Katherine Barbieri, Assistant County Attorney stated with the proliferation of wireless devises & growing demand for better connectivity comes increased deployment of Distributed Antenna Systems (DAS), small cells and other equipment in our cities and towns. Industry engineers are saying that as cellular companies move away from the costly placement of large cell towers, they will be requiring the placement of tens of thousands of distributed antennae and small cell systems around communities. From the wireless carrier perspective, finding locations to install small cell facilities becomes a challenge due to zoning regulations, technical requirements, and limited real estate options. This industry is moving faster that the regulatory framework to address them. These companies are pushing the boundaries of the regulations in many communities when local regulations standards are not up to date. This is a nationwide problem and has become a concern in Florida such that the Florida Association of County Attorneys (FACA) has formed a task force to study this matter and develop a strategy to address the situation. In the meantime, these companies continue to advance their agendas in communities. One such company has submitted several applications for right-of-way permits. The applications were not approved. A postponement is a temporary halt to certain development activities established for the purpose of giving as local government time to plan, consider, review, adopt and/or revise its development regulations. The Board of County Commissioners is authorized by Chapter 125, Florida Statues, to adopt ordinances necessary for the exercise of its power. On September 20, 2016, the Board of P & Z Regular Meeting Thursday, October 20, 2016 6:00 PM 8 | P a g e County Commissioners authorized Permission to Advertise for the Postponement of the Placement of Wireless Communication Facilities in Right-of-Way for public hearing before the Local Planning Agency and two public hearings before the Board of County Commissioners. Staff recommended the Local Planning Agency forward the draft ordinance to the Board of County Commissioners with a recommendation of approval. There was brief discussion from the commission. Public hearing open No one spoke Public Hearing close RESULT: APPROVE [UNANIMOUS] MOVER: Charles Grande, Board Member SECONDER: James Clasby, At-Large Board Member AYES: Morgan, Lounds, Clasby, Smith, Grande, Lowe, Taylor ABSENT: Bobby Hopkins, William O'Dell 5. WORKSHOPS A. There are no items scheduled. 6. OTHER BUSINESS There will be a November 17, 2016 meeting. There are currently no agenda items for a December meeting. A. There are no scheduled items. 7. ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. P & Z Regular Meeting Thursday, October 20, 2016 6:00 PM 9 | P a g e 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.