HomeMy WebLinkAboutMinutes 02-21-2008
1 St. Lucie County
2 Planning and Zoning Commission/Local Planning Agency
rd
3 Commission Chambers, 3 Floor, Roger Poitras Annex
4 February 21, 2008 Regular Meeting
5 6:00 P.M.
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A compact disc recording of this meeting, in its entirety, has been placed in the file along
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with these minutes as part of the record. In the event of a conflict between the written
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minutes and the compact disc, the compact disc shall control.
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CALL TO ORDER
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12 Chairman Caron called the meeting to order at 6:05 p.m.
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PLEDGE OF ALLEGIANCE
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15
ROLL CALL
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18 Susan Caron......................................Chairman
19 Brad Culverhouse.............................Board Member
20 Pamela Hammer...............................Board Member
21 Edward Lounds.................................Board Member
22 Stephanie Morgan.............................Board Member
23 Craig Mundt.....................................Board Member
24 Britt Reynolds...................................Board Member
25 Barry Schrader..................................Board Member
26 Consuela Smith.................................Board Member
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MEMBERS ABSENT
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30 Kathryn Hensley...............................Ex-Officio
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OTHERS PRESENT
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34 Mark Satterlee..................................Growth Management Dept. Director
35 Robin Meyer.....................................Assistant Growth Management Dept. Director
36 Heather Young..................................Assistant County Attorney
37 Kristin Tetsworth .............................Planning Manager
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ANNOUNCEMENTS
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40 None.
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DISCLOSURES
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43 The following Board members made the following disclosures: Ms. Morgan met with
44 representatives from Houston Cuozzo regarding CARP and she also had a conversation
45 with Ms. Freitas; Ms. Smith was contacted by Houston Cuozzo but did not return the call
46 or e-mail; Mr. Mundt visited the properties associated with item numbers 4, 5 and 6 on
47 tonight’s agenda and had conversation with representatives of CARP; Mr. Schrader
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1 attended a Planning & Zoning Training 101; Mr. Reynolds visited the proposed CARP
2 site and had a conversation with representatives of that project; Mr. Lounds visited the
3 proposed CARP site and received e-mails from surrounding residents; Mr. Culverhouse
4 received e-mails, but did not open them; Ms. Hammer received e-mails but did not
5 respond; Ms. Caron did receive e-mails but did not have time to respond and will be
6 recusing herself from items 4 and 5 (CARP) on tonight’s agenda.
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Item #1 Election of Vice Chairman
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9 Ms. Hammer nominated Craig Mundt as Vice Chairman.
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11 Ms. Smith spoke of her frustration with the fact that the Board elected a Chairman and
12 now at this meeting he is off the Board and there is a new Chairman (one that was not
13 elected by the members of this Board).
14
15 Mr. Culverhouse asked Ms. Young to point out the section in the Land Development
16 Code or the General Ordinances that provides for allowing a Commissioner to remove his
17 or her appointee to a given board. Ms. Young’s response was that it is policy of the
18 Board of County Commissioners that a Commissioner who appoints an individual to a
19 board may remove that appointee at any time.
20
21 Mr. Culverhouse said that the individual who was elected as Chair at the last meeting was
22 removed by his Commissioner without cause. Mr. Culverhouse went on to state that he
23 doesn’t care about “policy” he cares about due process and the rights of the individual
24 who was removed.
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26 No other response was provided by staff.
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28 Dialogue continued between Mr. Culverhouse, Ms. Smith and Ms. Young on this subject.
29 Mr. Lounds then suggested that since there were several members of the public in
30 attendance, and they are not here to hear the Board’s politics, this discussion should be
31 moved to Other Business.
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33 Ms. Caron noted that a Vice Chairman is needed since she will be recusing herself from
34 two of the items on tonight’s agenda. She would like to get on with the election of Vice
35 Chairman and will take up Ms. Smith and Mr. Culverhouse’s issues at the end of the
36 meeting.
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38 Ms. Smith continued by explaining that she is frustrated that the person has there ever in
39 the history of this board have a chair removed is there any precedent behind that?
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41 Ms. Hammer stated “What I find really ironic about this whole situation is that the
42 Commissioner that appointed Ms. Smith removed his appointee so that she can be placed
43 in that position. So there was your precedent right there. It was not end of term, it was
44 not in the middle of the term, it was somebody whose term did not expire, but her
45 Commissioner, as past practice in this county, removed his appointee and appointed Ms.
46 Smith.”
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2 Mr. Lounds called for the motion.
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4 Ms. Smith nominated Mr. Culverhouse as Vice Chairman.
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6 Ms. Young distributed ballots to each of the Board members so they could write in their
7 nomination for Vice Chairman.
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9 Ballots were distributed, completed by Board members and returned to Ms. Young.
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11 Ms. Young reviewed the ballots and announced that Mr. Mundt received 5 votes and Mr.
12 Culverhouse received 4 votes.
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14 Mr. Mundt was recognized as Vice Chairman.
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Item 2 Minutes
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17 Review the minutes from the January 17, 2008 regular meeting for approval.
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Ms. Morgan motioned approval of the minutes.
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Mr. Schrader seconded.
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23 Ms. Hammer requested that page 3, line number 46 should include: “Ms. Hammer
24 explained that it was not a unanimous vote and the record should not show otherwise.”
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26 Mr. Schrader agreed with the corrections requested.
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The motion carried unanimously.
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29
30 Ms. Morgan suggested moving item number 6 (James Freitas) ahead on the agenda. She
31 explained that she feels it will move quicker than items 4 and 5. The majority of the
32 board members were in agreement.
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Item #3: St. Lucie County Attorney’s Office: Ordinance No. 08-006
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35 Petition of St. Lucie County Attorney’s Office for Ordinance No. 08-006 is to base
36 impact fee credits for right-of-way donations on land values that do not include
37 enhancements in value based on development approvals such as rezonings, land use
38 approvals, and staff approvals.
39
40 Ms. Young presented this item by explaining that the intent is to base impact fee credits
41 for right-of-way donations on the land values excluding enhanced values (rezoning, site
42 plan approval, etc.) It is a tool to be used to encourage developers to donate right-of-way
43 to the County. Staff is recommending that the Planning and Zoning Commission forward
44 this item to the Board of County Commissioners with a recommendation of approval.
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3
1 Ms. Hammer suggested that on page 3, with the line starting with 36 add the words “who
2 is” after the word “individual.”
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4 On page 4, at the first line, add the word “the” after the word “than.”
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6 On page 5, Sec. 1-17-36 (3)a., Ms. Hammer expressed her concern with the word
7 “apparent” owner. Ms. Young explained that she feels it should read “Names of a parent
8 owner …” Ms. Hammer agreed.
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10 On page 6, letter “b” delete the word “in.” Ms. Hammer also suggested that the word
11 “or” after the word “rate” on the second line should be changed to “and.” Ms. Young
12 responded that she will take a closer look at that.
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14 On page 7 letter (e) should read” “In the event the data described in items a through d
15 …”
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17 Mr. Mundt noted that he highlighted some items that need correction and he will send
18 them to the County Attorney for their review.
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20 Ms. Caron opened the public hearing.
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22 Don Santos spoke in opposition to this proposed ordinance. He feels these costs will be
23 borne solely by the home owner rather than the developer.
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25 There were no other public speakers and Ms. Caron closed the public hearing.
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Mr. Lounds motioned to recommend that the Board of County Commissioners
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approve the proposed ordinance.
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Mr. Culverhouse seconded.
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32 Roll Call
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34 Ms. Smith – yes
35 Mr. Schrader – yes
36 Ms. Morgan – yes
37 Ms. Hammer – yes
38 Vice Chairman Mundt - yes
39 Mr. Culverhouse – yes
40 Mr. Lounds - yes
41 Chairman Caron – yes
42 Mr. Reynolds - yes
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The motion carried unanimously.
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Item #6: James Freitas: CU 920071326
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2 Petition of James Freitas for the Board of County Commissioners of St. Lucie County to
3 grant a conditional use permit to allow the operation of a drinking place in the CG
4 (Commercial, General) Zoning District.
5
6 Kristin Tetsworth presented this item by explaining that a Conditional Use Permit has
7 been applied for by the owner of the business Bada Bing Lounge (a/k/a Bottoms Up
8 Beverages f/k/a The Zoom Pool Room) in order to operate a drinking establishment
9 (alcoholic beverages) at the property located at 3401 S. US Highway 1 in Fort Pierce.
10 The property is leased from R.E.H. Investment, LLC. Staff is recommending that the
11 Planning and Zoning Commission forward the application to the Board of County
12 Commissioners with a recommendation of approval.
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14 Julianne Freitas, on behalf of James Freitas, addressed the Board and explained she and
15 her husband will be taking over the business that is currently being operated at this
16 location. They are proposing a drinking establishment where people can come and relax
17 and have a few drinks. Ms. Freitas advised that it will be a high-class business.
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19 Several Board members questioned whether County staff had any law enforcement
20 records with reference to the subject property. Ms. Tetsworth explained that she does not
21 have any of those records.
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23 There were discussions among Board members and staff with regards to the police
24 records at that location (if any). Several Board members expressed their opinion that the
25 business that is being operated now will not be the same business that the Freitas’ will be
26 operating. Whatever police records are reflective of the business being operated at the
27 property now will not necessarily reflect the business that the Freitas’ will be operating
28 when they take over.
29
30 Ms. Caron opened the public hearing; no one from the public spoke and the public
31 hearing was closed.
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33 Ms. Hammer did suggest, however, that a police report be included with the packet sent
34 to the Board of County Commissioners when this item goes before them.
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36 Ms. Hammer also pointed out suggested changes: on the resolution, line 24, add the
37 word “deny” with a slash (/) after the word “approve.” This way it does not seem like it
38 is an automatic approval.
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Mr. Lounds motioned that the Planning and Zoning Commission forward this
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application on to the Board of County Commissioners with a recommendation of
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approval because with the conditions placed on it by County staff it will enhance the
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neighborhood.
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Ms. Morgan seconded.
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1 Roll Call
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3 Ms. Smith – no
4 Mr. Schrader – yes
5 Mr. Reynolds –yes
6 Ms. Hammer – no
7 Mr. Culverhouse – yes
8 Vice Chairman Mundt – yes
9 Ms. Morgan - yes
10 Mr. Lounds – yes
11 Chairman Caron – yes
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The motion carried 7-2 with Ms. Smith and Ms. Hammer dissenting.
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14
15 Chairman Caron announced that she is recusing herself from agenda items 4 and 5. Vice
16 Chairman Mundt will lead the meeting for those items and she will return for item
17 number 6.
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Item #4: Comprehensive Alcoholism Rehabilitation Program, Inc.: RZ 620071189
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20 Petition of Comprehensive Alcoholism Rehabilitation Program, Inc. for the Board of
21 County Commissioners of St. Lucie County to authorize the Director of Growth
22 Management to amend the Official Zoning Map from the CG (Commercial, General)
23 Zoning District to the I (Institutional) Zoning District.
24
25 Ms. Tetsworth suggested that the Board hear both the rezoning and the conditional use
26 permit applications at the same time. However, the Board will need to vote on each
27 application separately, with the rezoning application being acted on first.
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29 Board members agreed.
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31 The Board took a break at 7:40 p.m. and reconvened at 7:50 p.m.
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33 Mr. Satterlee addressed the Board briefly and discussed his beliefs that staff has a
34 responsibility to evaluate the technical criteria with surrounding land uses and the
35 character of the area; however, it is incumbent upon the applicant to provide compelling
36 evidence to support their application.
37
38 Diana Waite presented this item by explaining that the purpose of this rezoning
39 application is to provide a zoning district that would allow for a conditional use permit on
40 the 2.54-acre site for a residential care center for the treatment of alcoholism and drug
41 abuse. The subject parcel is located at 4891 North US Highway 1 in Ft. Pierce. A zoning
42 map was displayed. Ms. Waite advised that staff is recommending that this Board
43 forward this application to the Board of County Commissioners with a recommendation
44 of approval.
45
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1 There was a brief interruption in the meeting due to technical problems. When the
2 meeting resumed, Mr. Culverhouse disclosed that during this break he had a conversation
3 with the owner of The Fountains and with Mr. Hamilton.
4
5 Dawn Gilmore, with Houston Cuozzo Group, representing the applicant gave a brief
6 presentation (her power point presentation was displayed). Ms. Gilmore discussed the
7 success of CARP’s location in West Palm Beach and the success of their Jensen Beach
8 location (which operated for 10 years) before Hurricanes Frances and Jeanne destroyed
9 the building. Ms. Gilmore went on to explain that CARP is proposing to operate a 36 bed
10 in-patient treatment program to treat those 18 years and older. Patients will be supervised
11 at all times and pre-screening for eligibility for this program will occur at another site.
12 Admitting to this site will occur Monday through Friday 9am until 3pm. CARP will
13 provide transportation to and from their site.
14
15 Ms. Gilmore introduced Mr. Bozzone, CEO and Executive Director of CARP, who
16 addressed the Board and answered questions. Mr. Bozzone advised that Florida’s
17 Department of Children and Families invited CARP to come to this area in order to
18 operate their withdrawal management program. This area has no other residential
19 treatment program like this one. It is an extremely successful public Level II treatment
20 program. There are private treatment programs in the area, but CARP does not turn a
21 potential patient away due to their inability to pay. The program will serve the 4
22 counties of the Treasure Coast (Indian River, Martin, St. Lucie and Okeechobee
23 Counties). CARP worked with a professional realtor to find an adequate property for this
24 program. There will be no acute treatments at this site. No patients will be admitted
25 while under the influence of alcohol or drugs. CARP uses an abstinence-free model.
26
27 Ms. Smith commented that she did some research and found that there were 42
28 outpatient/inpatient type services and for District 15 there is an overwhelming number.
29 She does not feel there is a need in this community for this facility. Mr. Bozzone
30 explained that this type of residential program is a special program that is not currently
31 offered in this area.
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33 Mr. Bozzone then introduced Dr. Woodley, Director of Substance Abuse and Mental
34 Health with the Department of Children and Families, who addressed the Board and
35 explained that DCF invited CARP to come to this area to operate this program because
36 there is currently no such program available in this area. All people who are eligible and
37 want to enroll in this program usually go to the West Palm Beach site. Dr. Woodley
38 reiterated the need in this area for a Level II program like this that is not a private facility.
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40 Board members asked several questions and expressed their concerns for the residents of
41 the surrounding area. All Board members, however, applauded CARP for the programs
42 they offer to help those who need help with alcohol and drug addiction.
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44 Several Board members also expressed their concern with the definition of a Level II
45 facility. Ms. Hammer read from the definition some of the characteristics of a Level II
46 facility.
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2 Michael Houston, with Houston Cuozzo Group, spoke briefly about the CARP site that
3 was previously located in Jensen Beach. Mr. Houston spoke of the concern of the
4 residents at the time CARP was first coming to Jensen Beach and the ultimate success of
5 the program until the time the building was destroyed by Hurricanes Frances and Jeanne.
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7 The Board took a break at 9:25 p.m. and reconvened at 9:35 p.m.
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9 Mr. Mundt opened the public hearing.
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11 The following members of the public spoke:
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13 Madison Collum, real estate agent for CARP, described briefly his search for an
14 appropriate site for this type of facility and answered Board member questions.
15
16 The following members of the public spoke in opposition to this application: Doug
17 Betunack, Esq., representing Bill Sullivan; John Chandler, Esq., representing Mr. and
18 Mrs. Hedal; Gordon Case; Edie Shore, Jean Hearn (Ms. Hearn also displayed the website
19 of Tozour Lake), Bill Hearn and Doug Bond.
20
21 The following members of the public spoke in favor of the application: John Poli and
22 Alice Hart.
23
24 Noreen Dryer, Esq., representing the applicant, spoke briefly reminding the Board and
25 the public that this facility is for those people who want to be treated, they will not be
26 taken there against their will, they are not violent people and the County has placed very
27 restrictive conditions on this conditional use permit.
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29 There were no other public speakers and Vice Chairman Mundt closed the public hearing.
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Ms. Hammer stated “after considering the testimony presented during the public
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hearing, including staff comments, and the standards of review as set forth in
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Section 11.06.03 of the St. Lucie County Land Development Code, I hereby move
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that the Planning and Zoning Commission recommend that the St. Lucie County
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Board of County Commissioners adopt a resolution denying the petition of
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Comprehensive Alcoholism Rehabilitation Program CARP, Inc. for a change in
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zoning from the CG Commercial General Zoning District to the I, Industrial Zoning
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District because the standards of review that are to be used for a change in zoning
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include in 11.06.03 whether and the extent that the proposed amendment is
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inconsistent with existing and proposed land uses. I believe it is inconsistent with
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the existing land uses. F which is whether and the extent to which the proposed
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amendment would adversely affect the property values in the area. We have
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testimony, in written form, from a real estate agent that says they felt it was going to
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decrease the values. Excuse me I did miss one going back up to B whether the
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proposed amendment is consistent with all elements of the St. Lucie County
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Comprehensive Plan I refer your attention to page 1-33 goal 1.1 which has been
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quoted a number of times today but not in it’s entirety ‘ensure the highest quality
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living environment possible through a mixture of land uses reflecting the needs and
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desires of the local residents and how they want their community to develop. The
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goals shall be implemented by strictly enforced building, zoning and development
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codes based on the objectives and policies that will enhance St. Lucie County’s
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natural and man-made resources while minimizing any damage or threat or
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degradation to the health, safety and welfare of the County’s citizens, native wildlife
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and environment through incompatible land uses.’ And with those reasons I … my
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motion is to deny.”
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Mr. Schrader seconded.
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12
13 Roll Call
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15 Mr. Culverhouse – yes to deny
16 Mr. Lounds – no to deny
17 Ms. Morgan – no to deny
18 Mr. Reynolds – no to deny
19 Ms. Smith – yes to deny
20 Mr. Schrader – yes to deny
21 Ms. Hammer – yes to deny
22 Vice Chairman Mundt – yes to deny
23
Motion carried 5-3 with Mr. Lounds, Ms. Morgan and Mr. Reynolds dissenting.
24
25
Item #5: Comprehensive Alcoholism Rehabilitation Program, Inc. - CU 620071192
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27 Petition of Comprehensive Alcoholism Rehabilitation Program, Inc. for the Board of
28 County Commissioners of St. Lucie County to grant a conditional use permit to allow for
29 the operation of a residential care center in the I (Institutional) Zoning District.
30
31 Mr. Mundt opened the public hearing; no one from the public spoke and the public
32 hearing was closed.
33
34 Ms. Morgan voiced her support for this program in this location. Ms. Morgan discussed
35 how she understands the concerns of the surrounding residents; however the subject site
36 would affect a small number of residents. If CARP chose a different location, it could
37 impact a much larger number of residents.
38
Mr. Schrader motioned that this Board forward this application to the St. Lucie
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County Board of County Commissioners with a recommendation of denial because
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it would have an adverse and undue impact on the surrounding residents and the
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applicant did not provide compelling evidence that this specific use will not present
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a threat to the health, safety and welfare of County residents.
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44
Mr. Culverhouse seconded.
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46
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1 Roll Call
2
3 Ms. Smith – yes to deny
4 Mr. Reynolds – no to deny
5 Mr. Morgan - no to deny
6 Mr. Lounds – yes to deny because the applicant did not provide compelling evidence
7 Ms. Hammer – yes to deny
8 Mr. Culverhouse – yes to deny
9 Mr. Schrader – yes to deny
10 Vice Chairman Mundt - yes to deny
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Motion carried 6-2 with Mr. Reynolds and Ms. Morgan dissenting.
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13
14 Chairman Caron resumed as Chairman of the meeting.
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Item #7: St. Lucie County Growth Management Department: Ordinance 08-003
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17 Petition of St. Lucie County Growth Management Department for a text amendment to
18 the Land Development Regulations. The proposed ordinance is to incorporate the
19 language from the Future Land Use Element for Residential Estate with the Land
20 Development Regulations for the AG-1 zoning district, requiring that developments in
21 excess of 8 units rezone to an appropriate planned development zoning district.
22
23 Kara Wood presented this item explaining that staff has initiated this text amendment
24 requiring that developments in excess of 8 units rezone to an appropriate planned
25 development zoning district.
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27 There were discussions between Board members and staff regarding this proposed text
28 amendment. Several Board members discussed their opposition to this amendment.
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30 Ms. Wood explained that this proposed ordinance would not limit the development rights
31 of property owners. It merely ensures people use the PUD process.
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33 Mr. Lounds suggested continuing this item, if there are no pressing deadlines, until the
34 AG Committee can meet to discuss this proposed ordinance and provide their comments.
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36 Board members and staff agreed.
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38 Chairman Caron opened the public hearing.
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40 Don Santos spoke in opposition to this proposed ordinance stating that he feels it will
41 reduce land values.
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43 Chairman Caron closed the public hearing.
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45 Board members expressed their concern for the smaller land owners who want to develop
46 their land but won’t be able to because of the cost of the PUD process.
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1
Mr. Schrader motioned to continue this item “until we hear back.”
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3
Ms. Hammer seconded.
4
5
6 Ms. Young advised that the motion should be to request that staff bring this item back
7 after the AG Committee meets which is some time in May.
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9 Roll Call
10
11 Ms. Smith – yes
12 Mr. Reynolds – yes
13 Ms. Morgan – yes
14 Mr. Culverhouse – yes
15 Mr. Lounds – yes
16 Ms. Hammer – yes
17 Mr. Schrader – yes
18 Vice Chairman Mundt – yes
19 Chairman Caron – yes
20
The motion carried unanimously.
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22
OTHER BUSINESS
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24 Ms. Hammer noted that on the agenda the September 18 meeting needs to be rescheduled
25 because of budget hearings. Ms. Hammer suggested that staff request that the Board of
26 County Commissioners change their meeting to Wednesday, if possible. Ms. Hammer
27 also suggested that perhaps the budget hearings can be scheduled for earlier in the day.
28 Mr. Meyer advised that he will make that request.
29
30 There being no further business, the meeting was adjourned at 11:45 p.m.
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