HomeMy WebLinkAboutAgenda Packet 05.19.2016
Generated 5/11/2016 12:03 PM
PLANNING & ZONING COMMISSION
AGENDA
ST. LUCIE COUNTY
P & Z Regular Meeting
Thursday, May 19, 2016
6:00 PM
St. Lucie County Commission Chambers
2300 Virginia Avenue
3rd Floor of Roger Poitras Building
Fort Pierce, FL 34982
BOARD MEMBERS
Chair
STEPHANIE MORGAN
Board Member
EDWARD LOUNDS
Board Member
CATHY TOWNSEND
Board Member
CHARLES GRANDE
At-Large Board Member
JAMES TAYLOR
Vice Chair
BOBBY HOPKINS
At-Large Board Member
JAMES CLASBY
Board Member
WILLIAM SMITH
At-Large Board Member
ROBERT LOWE
Ex-Officio Board Member
MARTY SANDERS
P & Z Regular Meeting Thursday, May 19, 2016 6:00 PM
2 | P a g e
WELCOME
Please turn off all cellular phones and pagers prior to entering the Commission Chambers.
Please note that the Planning and Zoning Commission/Local Planning Agency serves in an advisory
capacity to the St. Lucie County Board of County Commissioners and has the power to review and
make recommendations to the Board, for approval or disapproval, on any applications within their
area of responsibility.
The Planning and Zoning Commission strongly encourages your input and comment at the public
hearing. Please limit comments to three minutes if possible and be respectful of others’ opinions.
For public convenience, all meetings are televised and are provided with wireless internet access.
P & Z Regular Meeting Thursday, May 19, 2016 6:00 PM
3 | P a g e
1. CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call
C. Announcements
D. Disclosure(s)
2. MINUTES
A. St. Lucie County Planning & Zoning Commission minutes for the meeting of Thursday, April 21,
2016
3. PUBLIC COMMENT
4. PUBLIC HEARINGS
A. Ordinance - Amending the Number of Animals Permitted in Residential Zoning Districts
Staff recommends that the Planning and Zoning Commission forward the proposed ordinance
to the Board of County Commissioners with a recommendation of approval.
5. WORKSHOPS
A. There are no items scheduled.
6. OTHER BUSINESS
A. There are no scheduled items.
7. ADJOURN
P & Z Regular Meeting Thursday, May 19, 2016 6:00 PM
4 | P a g e
NOTICE: All proceedings before the Planning and Zoning Commission / Local Planning Agency of St. Lucie County, Florida, are
electronically recorded. If a person decides to appeal any recommendation made by the Planning and Zoning Commission /
Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the
proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, by hiring
their own court reporter at their own expense, to create a record that includes the testimony and evidence upon which the
appeal is based. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in.
Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon
request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk
Manager at least forty-eight (48) hours prior to the meeting at (772) 462-1546 or T.D.D. (772) 462-1428. Any questions about
this agenda may be referred to St. Lucie County Planning Division at (772) 462-2822.
Generated 5/11/2016 9:15 AM
ST. LUCIE COUNTY PLANNING & ZONING COMMISSION
ST. LUCIE COUNTY, FLORIDA
P & Z Regular Meeting
April 21, 2016 Convened: 6:00 PM
Adjourned: 6:29 PM
1. CALL TO ORDER
The meeting was called to order at 6:00 PM by Vice Chair Bobby Hopkins
A. Pledge of Allegiance
Attendee Name Title Status Arrived
Bobby Hopkins Vice Chair Present
Edward Lounds Board Member Present
James Clasby At-Large Board Member Present
Cathy Townsend Board Member Present
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
Stephanie Morgan Chair Absent
C. Announcements
None
D. Disclosure(s)
None
2. MINUTES
2.A
Packet Pg. 5
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
A
p
r
2
1
,
2
0
1
6
6
:
0
0
P
M
(
M
I
N
U
T
E
S
)
P & Z Regular Meeting Thursday, April 21, 2016 6:00 PM
2 | P a g e
A. St. Lucie County Planning & Zoning Commission minutes for the meeting of Thursday, March 17,
2016
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Charles Grande, Board Member
SECONDER: Cathy Townsend, Board Member
AYES: Hopkins, Lounds, Clasby, Townsend, Smith, Grande, Lowe, Taylor
ABSENT: Stephanie Morgan
3. PUBLIC COMMENT
None
4. PUBLIC HEARINGS
A. Ordinance - Amending the Number of Animals Permitted in Residential Zoning Districts
Katherine Barbieri, assistant county attorney stated she would handle this agenda item since
Heather Young is out on medical leave. At this time it is her understanding that the commission
had questions at the last meeting, Mr. Young is still looking into those questions and staff is
respectfully requesting that this item be continued to the meeting of May 19, 2016 at 6pm or
soon thereafter so that Ms. Young can answer those questions and any other questions that the
commission may have.
Public Hearing opened
No one spoke
Public Hearing closed
The commission had no issues with delaying this agenda item. It was suggested to consider if
raising the number from three to five to keep in mind that this is not agricultural only
residential. That the animals should be spayed or neutered; puppy mills have been a problem
in the county. Also there were questions about other animals that people are wanting to be
considered domestic animals, specifically chickens.
RESULT: CONTINUED [UNANIMOUS] Next:
5/19/2016 6:00 PM
MOVER: Charles Grande, Board Member
SECONDER: Cathy Townsend, Board Member
AYES: Hopkins, Lounds, Clasby, Townsend, Smith, Grande, Lowe, Taylor
ABSENT: Stephanie Morgan
B. Resolution - Rezoning for Glades Cut-Off, LLC
Jeff Johnson, Senior Planner stated Glades Cut-Off, LLC is requesting an amendment to the
Official Zoning Atlas from U (Utilities) to IH (Industrial, Heavy) for a +/- 26.8 acre parcel located
approximately ½ mile south of the intersection of Glades Cut Off Road and Range Line Road,
on the south side of Glades Cut Off Road. According to the Official Zoning Maps, the subject
2.A
Packet Pg. 6
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
A
p
r
2
1
,
2
0
1
6
6
:
0
0
P
M
(
M
I
N
U
T
E
S
)
P & Z Regular Meeting Thursday, April 21, 2016 6:00 PM
3 | P a g e
property was re-zoned from A-1 (Agricultural -1) to (Utilities) between 1975 and 1984. The
subject property consists of agricultural uses and is encumbered by a 660 foot wide Florida
Power and Light (FPL) utility easement with overhead utility lines. The property owner intends
to utiize the parcel in the future with industrial use(s) that are consistent with the FPL Temporary
Right-of-Way Consent Agreement and uses in the IH zoning district (see attached Agreement
and zoning district uses). This agreement allows for limited industrial type uses on the property
and prohibits its agents, employees or contractors from using any tools, equipment, machinery,
outdoor lighting and any installing or growing any vegetation on the land that exceeds a height
of 14 feet above grade.
FPL has reviewed the rezoning petition and has no objection to this request (see attached
email). FPL will need to review and approve any proposed improvements, including but not
limited to excavation and grading proposed within the easement to ensure there are no conflicts
with existing or future FPL facilities. Staff recommended that the applicant hold a neighborhood
meeting prior to any public hearing. No meetings were conducted.
The Future Land Use is IND (Industrial) which provides for land use designated and intended to
be implemented through both the heavy and light industrial zoning districts, with the specific
criteria for zoning application as provided for under the policies of the Future Land Use Element.
Areas designated for Industrial activities must have available all necessary services and
facilities prior to development, supplied by either public or private sources as permitted. In
addition, developments proposing to incorporate heavy industrial uses will be required to be
adequately buffered from any adjacent use that would be incompatible. The proposed change
in zoning to IH (Industrial, Heavy) is compatible with the Future Land Use of IND (Industrial) as
per Comprehensive Plan Table 1-3, Land Use Designation/Zoning Compatibility Chart.
The current zoning of the property is U (Utilities), which is intended to “provide and protect an
environment suitable for utilities, transportation, and communication facilities, together with such
other uses as may be compatible with utility, transportation, and communication facility
surroundings.” Permitted uses in this zoning district consist of air transportation services,
agriculture, communication, electric services, electric transmission rights-of-way, gas pipeline
rights-of-way, gas production and distribution, industrial wastewater disposal, railways, sanitary
services, transportation services, telecommunication towers, water supply and water
transportation. The proposed zoning district is IH (Industrial, Heavy), which is intended to
“provide an environment for heavy manufacturing and other activities that may impose
undesirable noise, vibration, odor, dust, or other offensive effects on the surrounding area
together with such other non-residential uses as may be necessary to and compatible with
heavy industrial surroundings.” Permitted uses in this zoning district are agricultural services,
construction and engineering services, manufacturing of certain products, repair services,
transportation services, communications, membership organizations, motion pictures, personal
and business services, research, development and testing services, telecommunication towers,
retail trade, and the wholesale trade of durable and nondurable goods.
Staff recommends forwarding the proposed Amendment to the Official Zoning Map from U
(Utilities) to IH (Industrial, Heavy) to the Board of County Commissioners with a
recommendation for approval.
The commission discussed with the applicant's representative, Mike McCarty of McCarty and
Associates what the applicant wants to do with the property. Also discussion of the entrance,
added traffic, no plans has been filed for the property-just rezoning, currently cattle is grazing on
the property and what relations it has with the old McCarty Ranch.
2.A
Packet Pg. 7
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
A
p
r
2
1
,
2
0
1
6
6
:
0
0
P
M
(
M
I
N
U
T
E
S
)
P & Z Regular Meeting Thursday, April 21, 2016 6:00 PM
4 | P a g e
Public Hearing opened
No one spoke
Public Hearing Closed
RESULT: APPROVED [UNANIMOUS]
MOVER: James Taylor, At-Large Board Member
SECONDER: James Clasby, At-Large Board Member
AYES: Hopkins, Lounds, Clasby, Townsend, Smith, Grande, Lowe, Taylor
ABSENT: Stephanie Morgan
C. Resolution - Rezoning for Revive Detox Center
Britton Wilson, Comprehensive Coordinator presenting a petition on behalf of Revive Detox
Center, who is requesting a change in zoning from commercial office to institutional and a
conditional use permit to allow for a 30 bed, 24 hour in-patient specialty hospital for drug and
alcohol rehabilitation. On April 12, 2016, staff received a request from the applicant to
postpone the meeting which was then forwarded to the Board. Staff does support this request,
however, because of these public hearings being advertised and notices were sent to
neighbors; the public hearings of agenda 4C and 4D must be opened separately for each item as
well as a vote from the board to postpone or not for each. Staff was prepared with a
presentation if the Board wished to consider the item however, the applicant was not present
at the meeting.
Public Hearing opened
No one spoke
Public Hearing closed
The Board agreed to postpone/continue to a date uncertain.
RESULT: CONTINUED [UNANIMOUS]
MOVER: James Clasby, At-Large Board Member
SECONDER: Charles Grande, Board Member
AYES: Hopkins, Lounds, Clasby, Townsend, Smith, Grande, Lowe, Taylor
ABSENT: Stephanie Morgan
D. Resolution - Conditional Use Permit for Revive Detox Center
Britton Wilson, Comprehensive Coordinator presenting a petition on behalf of Revive Detox
Center, who is requesting a change in zoning from commercial office to institutional and a
conditional use permit to allow for a 30 bed, 24 hour in-patient specialty hospital for drug and
alcohol rehabilitation. On April 12, 2016, staff received a request from the applicant to
postpone the meeting which was then forwarded to the Board. Staff does support this request,
however, because of these public hearings being advertised and notices were sent to
neighbors; the public hearings of agenda 4C and 4D must be opened separately for each item as
well as a vote from the board to postpone or not for each. Staff was prepared with a
presentation if the Board wished to consider the item however, the applicant was not present
at the meeting.
2.A
Packet Pg. 8
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
A
p
r
2
1
,
2
0
1
6
6
:
0
0
P
M
(
M
I
N
U
T
E
S
)
P & Z Regular Meeting Thursday, April 21, 2016 6:00 PM
5 | P a g e
Public Hearing opened
No one spoke
Public Hearing closed
The Board agreed to postpone/continue to a date uncertain.
RESULT: CONTINUED [UNANIMOUS]
MOVER: Cathy Townsend, Board Member
SECONDER: Charles Grande, Board Member
AYES: Hopkins, Lounds, Clasby, Townsend, Smith, Grande, Lowe, Taylor
ABSENT: Stephanie Morgan
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.
2.A
Packet Pg. 9
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
A
p
r
2
1
,
2
0
1
6
6
:
0
0
P
M
(
M
I
N
U
T
E
S
)
ITEM NO. (ID # 3460)
DATE: 05/19/2016
AGENDA REQUEST *
BACKGROUND:
Subsection 7.10.03.A of the Land Development Code currently limits the number of dogs and cats over
the age of four (4) months in residentially zoned districts to a total of three (3) animals. The Animal
Shelter Standards Committee is recommending that this number be increased to five (5). Based upon the
professional experience of its members, the Committee determined this number to be more realistic for
responsible pet owners. During the February 18, 2016, public hearing, the Planning and Zoning
Commission raised issues with regard to the application of the proposed ordinance to agricultural
operations and the potential impact on local animal shelters. Staff is currently awaiting a response from
the shelters with regard to the proposed ordinance, and it is anticipated that information will be available
for the May 19, 2016 meeting.
The proposed ordinance has been revised to address concerns raised with regard to the impact on the
agricultural properties. The following list of zoning districts has been specifically excluded from the
definition of "residential district" for the purpose of this section: AG-1, AG-2.5; AG-5, AR-1 with
agricultural classification pursuant to Section 193.461, Florida Statutes, for tax purposes; or PUD where
livestock is permitted. This corresponds to the list of zoning districts in Section 6-19 of the Code of
Ordinances which are exempt from the definition of "nuisance" as related to excessive barking in
recognition of the role working dogs play in local agricultural operations.
PREVIOUS ACTION:
On February 18, 2016, the Planning and Zoning Commission continued the public hearing on the proposed
ordinance to the April 21, 2016 meeting at 6:00 p.m., or as soon thereafter as may be heard. On April 21,
2016, the public hearing was further continued to the May 19, 2016 at 6:00 p.m., or as soon thereafter as
may be heard.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
TO: St. Lucie County Planning & Zoning Commission
PRESENTED BY: Heather Young, Asst. County Attorney
SUBMITTED BY: County Attorney
SUBJECT: Ordinance - Amending the Number of Animals Permitted in Residential
Zoning Districts
4.A
Packet Pg. 10
Updated: 5/11/2016 11:55 AM by Heather Young Page 2
Staff recommends that the Planning and Zoning Commission forward the proposed ordinance to the
Board of County Commissioners with a recommendation of approval.
COMMISSION ACTION:
Coordination/Signatures
4.A
Packet Pg. 11
Underlined words are added.
Struck through words are deleted.
1
ORDINANCE NO. 2016-XX
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS FOR ST.
LUCIE COUNTY, FLORIDA, AMENDING SUBSECTION 7.10.03.A (ANIMALS
IN RESIDENTIAL DISTRICTS) OF THE ST. LUCIE COUNTY LAND
DEVELOPMENT, BY INCREASING THE MAXIMUM NUMBER OF DOGS
AND/OR CATS FOUR (4) MONTHS OF AGE OR OLDER FOR ANY
DWELLING UNIT FROM THREE (3) TO FIVE (5) AND FURTHER DEFINING
“RESIDENTIAL DISTRICTS” FOR THE PURPOSES OF THIS SECTION;
PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING
WITH DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE;
PROVIDING FOR ADOPTION; PROVIDING FOR CODIFICATION
WHEREAS, the Animal Shelter Standards Advisory Committee has recommended to the Board of
County Commissioners of St. Lucie County, Florida, that Subsection 7.10.03.A of the Land Development
Code be amended to increase the number of dogs and/or cats over the age of four (4) months permitted
per dwelling unit in residential districts from three (3) to five (5); and,
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony
and evidence, including but not limited to the staff report, has made the following determinations:
1. This Board is authorized by Section 125.01(1)(h), Florida Statutes, to establish, coordinate and
enforce zoning and such business regulations as are necessary for the protection of the public; and,
2. This Board is authorized by Section 125.01(1)(t), Florida Statutes, to adopt ordinances and
resolution necessary for the exercise of its powers and to prescribe fines and penalties for the violations
of ordinances in accordance with law.
3. On XX XX, 2016, the Planning and Zoning Commission held a public hearing on the proposed
ordinance after publishing a notice in the St. Lucie News Tribune at least ten (10) days prior to the hearing
and recommended that the proposed ordinance be adopted.
4. On XX, XX, 2016, this Board held its first public hearing on the proposed ordinance, after publishing
a notice of such hearing in the St. Lucie News Tribune at least ten (10) days in advance.
5. On XX XX, 2016, this Board held its second public hearing on the proposed ordinance, after
publishing a notice of such hearing in the St. Lucie News Tribune at least ten (10) days in advance.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County,
Florida:
4.A.a
Packet Pg. 12
At
t
a
c
h
m
e
n
t
4
.
A
.
a
:
O
r
d
i
n
a
n
c
e
-
A
n
i
m
a
l
s
i
n
R
e
s
i
d
e
n
t
i
a
l
D
i
s
t
r
i
c
t
s
(
3
4
6
0
:
O
r
d
i
n
a
n
c
e
-
A
m
e
n
d
i
n
g
t
h
e
N
u
m
b
e
r
o
f
A
n
i
m
a
l
s
P
e
r
m
i
t
t
e
d
i
n
R
e
s
i
d
e
n
t
i
a
l
Underlined words are added.
Struck through words are deleted.
2
PART A. The specific amendments to the St. Lucie County Land Development Code are as follows:
CHAPTER VII. DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS
7.10.03. Animals in Residential Districts.
A. Except as provided in this Section, no animals shall be kept in any residential district except those
animals generally recognized as household pets, such as dogs, cats, caged birds, etc. In any residential
district, no more than a total of three (3) five (5) dogs and/or cats four (4) months or older shall be allowed
for each dwelling unit. For the purposes of this section, “residential districts” shall not include the
following: AG-1; AG-2.5; AG-5; AR-1 with agricultural classification pursuant to Section 193.461, Florida
Statutes; or PUD where livestock is permitted.
PART B. CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County,
County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby
superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or
void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any
provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding
shall not affect its applicability to any other person, property, or circumstance.
PART D. APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable in the unincorporated area of St. Lucie County.
PART E. FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of
Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304.
PART F. EFFECTIVE DATE.
This ordinance shall take effect on the date of adoption.
PART G. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
4.A.a
Packet Pg. 13
At
t
a
c
h
m
e
n
t
4
.
A
.
a
:
O
r
d
i
n
a
n
c
e
-
A
n
i
m
a
l
s
i
n
R
e
s
i
d
e
n
t
i
a
l
D
i
s
t
r
i
c
t
s
(
3
4
6
0
:
O
r
d
i
n
a
n
c
e
-
A
m
e
n
d
i
n
g
t
h
e
N
u
m
b
e
r
o
f
A
n
i
m
a
l
s
P
e
r
m
i
t
t
e
d
i
n
R
e
s
i
d
e
n
t
i
a
l
Underlined words are added.
Struck through words are deleted.
3
Commissioner Kim Johnson, Chairman XX
Commissioner Chris Dzadovsky, Vice Chairman XX
Commissioner Tod Mowery XX
Commissioner Paula A. Lewis XX
Commissioner Frannie Hutchinson XX
PART H. CODIFICATION.
Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws and
the word “ordinance” may be changed to “section”, “article”, or other appropriate word, and the sections
of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that
parts B through H shall not be codified.
PASSED AND DULY ENACTED this XX day of XX, 2016.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
______________________ BY: __________________________
Deputy Clerk Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY: __________________________
County Attorney
4.A.a
Packet Pg. 14
At
t
a
c
h
m
e
n
t
4
.
A
.
a
:
O
r
d
i
n
a
n
c
e
-
A
n
i
m
a
l
s
i
n
R
e
s
i
d
e
n
t
i
a
l
D
i
s
t
r
i
c
t
s
(
3
4
6
0
:
O
r
d
i
n
a
n
c
e
-
A
m
e
n
d
i
n
g
t
h
e
N
u
m
b
e
r
o
f
A
n
i
m
a
l
s
P
e
r
m
i
t
t
e
d
i
n
R
e
s
i
d
e
n
t
i
a
l