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HomeMy WebLinkAbout11.19.2015 Generated 1/15/2016 3:08 PM ST. LUCIE COUNTY PLANNING & ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA P & Z Regular Meeting November 19, 2015 Convened: 6:00 PM Adjourned: 7:56 PM I. CALL TO ORDER The meeting was called to order at 6:00 PM by Chair Cathy Townsend 1. Pledge of Allegiance Attendee Name Title Status Arrived Cathy Townsend Chair Present William O'Dell Vice Chair Absent Bobby Hopkins Board Member Present Edward Lounds Board Member Present James Clasby Board Member Present Stephanie Morgan Board Member Absent William Smith Board Member Present James Taylor At-Large Board Member Present Marty Sanders Ex-Officio Board Member Present 3. Announcement(s) Kara Wood resigned from the P & Z Commission to become the temporary interim Planning Manager. 4. Disclosure(s) Chair Townsend stated she spoke with the church pastor regarding the agenda item Islamorda Brewing Co. II. MINUTES P & Z Regular Meeting Thursday, November 19, 2015 6:00 PM 2 | P a g e St. Lucie County Planning & Zoning Commission minutes for the meeting of Thursday, September 24, 2015 RESULT: ACCEPTED [UNANIMOUS] MOVER: Edward Lounds, Board Member SECONDER: James Clasby, Board Member AYES: Townsend, Hopkins, Lounds, Clasby, Smith, Taylor ABSENT: William O'Dell, Stephanie Morgan III. PUBLIC COMMENT None IV. PUBLIC HEARINGS 1. Resolution - Rezoning for Blanton, from RS-2 to AR-1 Britton Wilson, Comprehensive Planner presented a petition on behalf of Forest Blanton who is requesting a change in zoning from Residential Single-family at 2 du per acre to Agricultural Residential at 1 du per acre. The purpose of this downzoning is to preserve the property as a single parcel for a single-family home along with accessory uses compatible with the rural residential neighborhood. This is a public hearing and notice was published in the St. Lucie News Tribune on November 5th. A sign was placed on the property and mail notices were sent to 26 residents located within 500 feet. Also, Mr. Blanton added his phone number to the sign allowing neighbors to call and speak to him directly about his proposal. And no formal comments have been submitted by the public, just a few curious phone calls. The subject property is a vacant unimproved five and a half acre parcel located on the North Fork of the St. Lucie River where it’s partially within the Coastal High Hazard Area and subject to storm surge. It has road frontage on Palmetto Avenue, just south of Midway Road. The surrounding neighborhood development character consists mostly of large-lot single-family homes. Due to their proximity to the river, the neighboring properties also zoned RS-2 have actually be developed at a much lower density of one dwelling per two or three acres. The AR-1 zoning district is a rural residential zoning district that allows a density of up to one dwelling unit per acre together with accessory uses compatible with rural residential surroundings. Because AR-1 is a residential zoning district, the primary use of a single-family home must be established prior to permitting an accessory use such as a guest house or a hobby farm with animals. And all accessory uses and structures are limited to 35% of the buildable land area, which is 20% for AR-1. In this situation, only 35% of 20% of the 5 1/2 acre land area, can be used for accessory uses or structures, which is about a third of an acre (16,832 square feet). The current zoning of RS-2 does not allow these accessory uses or animals other than three household pets. The proposed rezoning from RS-2 to AR-1 is in compliance with the Comprehensive Plan and the Land Development Code. The change in zoning represents a fifty percent or more decrease P & Z Regular Meeting Thursday, November 19, 2015 6:00 PM 3 | P a g e in potential development, which furthers Comprehensive Plan Policy 5.2.1.5, which calls for limiting the types of uses allowed within the Coastal High Hazard Area by directing the development away from known hazards. And due to the potential flooding risk, the surrounding neighborhood has not been built-out to its potential zoning density and this proposed rezoning further reflects this trend and is therefore compatible and consistent with the surrounding rural residential neighborhood. Staff recommends approval of the proposed rezoning from RS-2 to AR-1 because it is in compliance with the Comp Plan and Land Development Code and the reduction in density furthers Policy 5.2.1.5 and is consistent with the surrounding neighborhood. The Board discussed the rezoning. Mr. Blanton, the applicant stated he agreed with the staff report. Public Hearing Open Mr. Blanton's neighbor inquired about the type of animals; he advised her chickens and ducks. She had no further questions. Public Hearing Close The Board agreed that the reducing the development potential through downzoning is directly supported by Comprehensive Plan Policy 5.2.1.5. RESULT: APPROVED [UNANIMOUS] MOVER: Edward Lounds, Board Member SECONDER: James Clasby, Board Member AYES: Townsend, Hopkins, Lounds, Clasby, Smith, Taylor ABSENT: William O'Dell, Stephanie Morgan 2. Ordinance - Islamorada Brewing Co. - Text Amendment to the Land Development Code Pertaining to Distance Requirements for Alcoholic Beverages Britton Wilson, Comprehensive Planner, presenting a petition on behalf of Islamorada Brewing Company who is requesting a text amendment to Land Development Code to Section 7.10.11, which speaks to the distance requirements of on-premises consumption of alcoholic beverages from an existing church, school, public park, or playground. This is a public hearing and notice was published in the St. Lucie News Tribune on November 5th. No comments from the public have been submitted for this item. Section 7.10.11 is a development design and improvement standard applicable to all licensed businesses proposing to sell alcohol for on-premises consumption, and it requires the use to be located at least 1,600 feet away from an existing church, school, public park, or playground. Currently, the only relief available from this section of the code is for a restaurant where the Board of County Commissioners may grant relief for up to 600 feet. The proposed text amendment retains the current distance requirement, while providing a waiver request process for on-premises consumption, but only if the on-site consumption is accessory to an authorized primary use. An authorized primary use is specifically identified for only three uses, which are beverage manufacturing, and wholesale and retail trade of alcohol. Only these three primary uses may request a waiver from the P & Z Regular Meeting Thursday, November 19, 2015 6:00 PM 4 | P a g e distance requirements for the accessory on-premises consumption of alcoholic beverages. The waiver process is to follow the conditional use permit process. The conditional use permit process that a waiver must follow is the most involved process in the code, each application will be analyzed by staff where a recommendation will be formulated based on the Standards of Review. The request requires two public hearings. Mail notices are sent to neighbors within the standard 500’ but the waiver notice is extended to also include schools, parks or churches that are within the 1600 foot radius. The mail notices contain a survey requesting whether or not they are in support, and if 50% or more return unfavorably, the Board can only approve the waiver with a 4/5th vote. A Waiver may have site- specific conditions or restrictions applied to them as deemed necessary to insure the use is compatible with the surrounding area, examples may be restrictions on the hours of operation or extra landscape buffering and the waiver may be revoked if it is deemed to no longer be a compatible use. The proposed text amendment is in compliance with the Comprehensive Plan and internally consistent with the Land Development Code. It provides for a waiver process where currently none exist, which allows for expansion of businesses focused on the manufacturing or sale of alcoholic beverages, which furthers Comprehensive Plan Policy 10.1.1.1 that calls for diversifying the industrial base and strengthening the job market. The conditional use permit process provides for safe guards to ensure that each waiver is reviewed for site specific appropriateness with multiple public participation opportunities. The regulations found within the city limits, the distance requirements are the same or similar and both currently provide for a full distance waiver process. So the proposal is consistent with the other local jurisdictions, however, the proposed conditional use process requires an additional public hearing. Staff recommends approval of the proposed text amendment to Section 7.10.11 because it is in compliance with the Comprehensive Plan and internally consistent with the Land Development Code, it furthers Policy 10.1.1.1 by allowing for the expansion of businesses and it is consistent with the regulations found in neighboring jurisdictions. The Board discussed the adverse impact on schools, conditional use, buffer requirements, church restrictions. Also this being an economic engine, good for the county and an economic stimulator. Daniel Sorrow of Cotleur & Hearing gave a presentation to the Board and answered their questions. Public Hearing Open Mr. Blanton spoke in favor of the text change Public Hearing Close P & Z Regular Meeting Thursday, November 19, 2015 6:00 PM 5 | P a g e RESULT: APPROVED [5 TO 1] MOVER: James Clasby, Board Member SECONDER: James Taylor, At-Large Board Member AYES: Townsend, Lounds, Clasby, Smith, Taylor NAYS: Bobby Hopkins ABSENT: William O'Dell, Stephanie Morgan 3. Resolution - Islamorada Brewing Company - Waiver Pursuant to Section 7.10.11(D) Distance Requirements for Alcoholic Beverages to Allow the On-Premise Consumption of Alcoholic Beverages Linda Pendarvis, Planner stated Islamorada Brewing Company is proposing to locate a brewery within an existing building on the subject property. The operators of the brewing company want to use 2,750 square feet of the existing building for a tasting room. The applicant, Erfolg Holdings, Inc. Has applied for the requested Waiver in order to have a tasting room for its brewery within the required distance separation from Northside Christian Fellowship Church. The applicant also applied for a text amendment to the Land Development Code to provide for a Waiver if a licensed establishment does not meet the distance requirements. The Land Development Code supplemental standards Section 7.10.11, Distance Requirements for Alcoholic Beverages, currently does not provide for a process for on-premises consumption unless it is accessory to a restaurant. The text amendment to the Distance Requirements for Alcoholic Beverages will provide the process for limited permitted principal uses in the zoning district it is located to apply for a waiver process if the separation is less than what is required. Section 7.10.11(B) of the Land Development Code provides for the method of measurement to be followed in determining the distance required from a licensed establishment to a religious facility, school, public park or public playground. The measurement is calculated as follows: No less than 1,600 feet measured from the main entrance of the religious facility to the centerline of the street right of way, then continue along the centerline of the street right of way to the entrance of the proposed licensed establishment, and No less than 1,000 feet between the religious facility and the proposed licensed establishment measured by a straight line between the nearest corners of the buildings (or property if no building exists, as in the case of a park). Northside Christian Fellowship Church is located 1,216 feet from door to door by way of the centerline of the right of way and 594 feet measured by a straight line from the church to the proposed licensed establishment. The Waiver provision for a business selling or transferring alcoholic beverages as accessory to the principal use is subject to the standards of review as set forth in Section 11.07.03 Conditional Use Permits. The Conditional Use Permit provision is to provide for uses that are generally compatible with the zoning district but which require individual review of their location, design, intensity, configuration and public facility impact in order to determine the appropriateness of the use on a particular site and with the adjacent uses. P & Z Regular Meeting Thursday, November 19, 2015 6:00 PM 6 | P a g e The purpose of the IL (Industrial, Light) zoning district is to provide and protect an environment suitable for light manufacturing, wholesale and warehouse activities that do not impose undesirable noise, vibration, odor, dust or other offensive effects to the surrounding area. Section 3.01.03(T), IL (Industrial, Light) Zoning District, allows the wholesale and manufacturing of beer as a permitted use and retail trade as accessory to the primary use. The proposed tasting room will be accessory to the manufacturing, wholesale and retail sale of the brewery. The Waiver is to allow a tasting room located in closer proximity to an existing religious facility than the current separation requirements allow. Currently there are no waivers or alternatives for the on-premises consumption of alcoholic beverages that do not meet the separation distance from a religious facility, unless it is accessory to a restaurant. A proposed text amendment to the Land Development Code is being processed as a companion item to allow a licensed establishment that is authorized to operate in a zoning district as accessory to a permitted principal use and does not meet the distance requirements for the sale or transfer of alcoholic beverages for on-premises consumption to be permitted to apply for a Waiver. Staff finds that this petition meets the standards of review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that Planning and Zoning Commission forward this petition to the Board of County Commissioners with a recommendation of approval. The Board discussed the waiver, hours of operation, and the pastor of the nearby church being in favor. Daniel Sorrow representing the applicant stated they had a public meeting and spoke with the pastor of the nearby church. They will be closed while the church is open on Sundays. Public Hearing Open No one spoke Public Hearing Close RESULT: APPROVED [UNANIMOUS] MOVER: James Clasby, Board Member SECONDER: William Smith, Board Member AYES: Townsend, Hopkins, Lounds, Clasby, Smith, Taylor ABSENT: William O'Dell, Stephanie Morgan V. WORKSHOPS There are no items scheduled. VI. OTHER BUSINESS There are no items scheduled. Leslie Olson, Planning Director welcomed new Board member James Taylor and introduced Peter Jones who was hired in the Business Navigator position. P & Z Regular Meeting Thursday, November 19, 2015 6:00 PM 7 | P a g e VII. 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.