HomeMy WebLinkAboutMinutes 10-16-2008
1 St. Lucie County
2 Planning and Zoning Commission/Local Planning Agency
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3 Commission Chambers, 3 Floor, Roger Poitras Annex
4 October 16, 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 with these
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minutes as part of the record. In the event of a conflict between the written minutes and the compact disc,
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the compact disc shall control.
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I. CALL TO ORDER
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13 Chairman Caron called the meeting to order at 6:03 p.m.
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A. Pledge of Allegiance
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B. Roll Call
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18 Susan Caron..........................Chairman
19 Craig Mundt..........................Vice Chairman
20 Bryan Beaty..........................Board Member
21 Brad Culverhouse..................Board Member
22 Pamela Hammer....................Board Member
23 Edward Lounds.....................Board Member
24 Stephanie Morgan…………...Board Member
25 Britt Reynolds.......................Board Member
26 Barry Schrader......................Board Member
27 (Mr. Schrader arrived shortly after roll-call)
28 Kathryn Hensley...................Ex-Officio
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Others Present
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31 Mark Satterlee.......................Director, Growth Management Dept.
32 Robin Meyer.........................Assistant Director, Growth Management Dept.
33 Heather Young......................Assistant County Attorney
34 Katherine Mackenzie-Smith..Assistant County Attorney
35 Aneela Ansar.........................Senior Planner
36 Larry Szynkowski.................Senior Planner
37 Linda Pendarvis.....................Planner
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C. ANNOUNCEMENTS
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40 None.
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D. DISCLOSURES
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43 Mr. Mundt advised that he had conversations with a member of the public
44 regarding the Ft. Pierce Mosque application.
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II. MINUTES
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2 Review the minutes from the September 25, 2008 regular meeting, for approval.
3
4 Mr. Mundt requested Mr. Lounds consider attending the following day’s meeting
5 of the Citizen’s Budget Committee with regards to his comments regarding the
6 tax at the port (on page 6 of the minutes). Mr. Mundt also noted that the zero
7 waste at the landfill is now a “demo” project.
8
9 Ms. Hammer requested that a hard copy of the consultant’s power point
10 presentation be attached to the minutes. Ms. Hammer also requested that her
11 comments regarding the Solid Waste Element and her comments regarding the
12 road along the C-24 canal be included in the minutes.
13
14 Mr. Lounds corrected his comments made on the port tax. Mr. Lounds advised
15 that the tax would be on tonnage, cubic feet of gas (if it’s brought in) and liquids.
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Ms. Hammer motioned approval of the minutes with the amendments made
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and that the amended minutes be forwarded to the Board of County
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Commissioners.
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20
21 Mr. Culverhouse corrected the date he mentioned that Ordinance 05-03 was
22 amended on. It should be December 11, 2006 and not December 11, 2005.
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Mr. Culverhouse seconded and the motion carried unanimously.
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III. PUBLIC HEARINGS
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A. Ft. Pierce Mosque: PNRD 820071310
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29 Petition of Abdul Raoof Shadani for an amendment to the Official Zoning
30 Atlas to change the zoning from the RF (Religious Facility) Zoning
31 District and the RS-3 (Residential, Single Family-3 du/acre) Zoning
32 District to the PNRD (Planned Non-Residential Development) Zoning
33 District and grant Preliminary and Final PNRD Site Plan approval.
34
35 Aneela Ansar presented this item and displayed a power point
36 presentation. Ms. Ansar advised that the subject property is located on
37 2.94 acres on the west side of Sunrise Blvd., approximately 180 feet south
38 of the intersection of Bell Avenue and Sunrise Blvd. The applicant is
39 proposing 18,800 square feet of building which will consist of a sanctuary,
40 social hall, library, classrooms, kitchen and offices.
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42 Ms. Ansar advised that the proposed building will have 110 parking
43 spaces, will be a single-story building with the roof being 26 feet high; the
44 dome being 36 feet, 8 inches high and the tower being 51 feet, 4 inches
45 high; which is consistent with the height restrictions of the Land
46 Development Code. Ms. Ansar advised that both zoning districts are
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1 consistent with the RU (Residential Urban) Future Land Use of the
2 property. The hours of operation of the mosque will be Fridays from
3 11am until 2pm and Sundays from 10am until 4pm.
4
5 Staff is recommending approval with thirteen Conditions of Approval as
6 noted in the Staff Report.
7
8 Matthew Speath, with Speath Engineering, representing the applicant,
9 addressed the Board stating that they concur with staff and added that
10 there is an extensive amount of buffering to screen the property from the
11 surrounding area and the street. Mr. Speath also explained that the client
12 is flexible with regards to the height of the dome, as well as other aspects
13 of the building, the buffering, etc.
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15 Mr. Lounds questioned if there will be any microphones coming from the
16 tower. Mr. Speath responded that there will be no external sounds; the
17 only sounds will be internal. Mr. Lounds also questioned why they are
18 requesting a zoning change from Religious Facilities to PNRD. Staff
19 responded by explaining that a PNRD affords the County greater control
20 in requiring the applicant to provide such things as buffering, parking, etc.
21 It also requires the applicant to submit a site plan and allows the County to
22 impose conditions of approval.
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24 Ms. Caron opened the public hearing.
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26 The following members of the public spoke in opposition (for reasons
27 such as increased drainage problems for the area, the height of the
28 building, and that the proposed project does not fit since the surrounding
29 area is residential, single-family homes): Kevin Payne (President of
30 Estates of Longwood Homeowner’s Association) (Mr. Payne read from a
31 prepared statement which he distributed to Board members), David
32 Willbur, Dianne Frye and Rocco Ballantoni.
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34 The following member of the public spoke in favor: Jonathan Ferguson.
35 Mr. Ferguson stated that he feels the mosque would have very limited
36 impact on the surrounding area. Mr. Ferguson also noted that requiring
37 the applicant to put in a portion of a sidewalk on Bell Avenue and Sunrise
38 Avenue seems ridiculous since there are no sidewalks anywhere else on
39 either street. Essentially, it would be a small strip of sidewalk leading to
40 nowhere.
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42 No one else from the public spoke and the public hearing was closed.
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44 Mr. Speath addressed the Board again and explained, among other things,
45 that the applicant is working with the South Florida Water Management
46 District regarding the drainage. They will be required to flood their
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1 property first before any run-off can occur. There is an 8 foot wall
2 designed to provide privacy, etc. for the abutting property owners.
3
4 Mr. Schrader questioned the lighting proposed for the building. Mr.
5 Sheath explained that the lighting proposed will have no spill-off to the
6 surrounding properties. Mr. Speath also explained that the applicant is
7 willing to limit the number of lights (enough for security purposes) when
8 the mosque is not being occupied.
9
10 Ms. Hammer expressed concerns with the number of parking spaces that is
11 being proposed as opposed to the size of the building, etc. Staff explained
12 that the parking spaces required under the Code goes by the size of the
13 sanctuary only (not the size of the whole building).
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15 Mr. Lounds questioned why the County is requiring sidewalks at this
16 facility. Mr. Meyer explained that it is a Code requirement; however,
17 there is a provision that would allow the applicant to pay a fee in lieu of
18 putting in the sidewalks. The money would go into a fund that the County
19 can use to build sidewalks in another area.
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21 Mr. Reynolds expressed concerns with the fact that 2pm on Fridays should
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22 be considered a “peak” time for traffic along 25 Street with Ft. Pierce
23 Central High School dismissing students.
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25 Staff explained that a full Traffic Impact Study was exempted because it
26 was determined that the mosque would have a diminutive impact on the
27 traffic in the area. Board members questioned that determination.
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29 Michael Brillhart, Capital Improvements Manager, explained that in the
30 Land Development Code there are specifications and thresholds with
31 regards to the type of use and square footage in determining if a traffic
32 impact study would be required. This use fell below that threshold.
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34 Ms. Hammer expressed concerns with the septic tank for a building of this
35 size as well as putting “brick walls” in people’s backyards. Ms. Hammer
36 stated that she feels there will be a negative impact to the surrounding area
37 if this proposed use is allowed.
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39 Mr. Lounds discussed with staff that unstabilized (grass) parking is also
40 allowed. Staff confirmed that for religious facilities grass parking is
41 allowed because of the non-intensive use.
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43 Ms. Caron suggested using more grass parking.
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Ms. Hammer motioned that the Planning and Zoning Commission
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forward this application to the Board of County Commissioners with
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a recommendation of denial because it violates Section 11.06.03 of the
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Land Development Code, which indicates whether there is a conflict
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with the public interest; it violates the section of the Code that
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provides for Future Land Use Element Goal 1.1, which is to ensure
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the highest quality living environment of the local residents; and there
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is a major water drainage problem in this area.
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Mr. Reynolds seconded.
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Mr. Culverhouse moved to amend the motion and recommended that
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the Planning and Zoning Commission recommend that the Board of
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County Commissioners approve the change in zoning because based
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upon the Standards of Review as set forth in Section 11.06.03 of the
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St. Lucie County Land Development Code and as set forth in the Staff
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Report.
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Ms. Hammer stated that she did not agree with the amendment.
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21 There was a lengthy discussion with regards to the rules of order. Ms.
22 Young explained that any amendments to a motion must be accepted by
23 the maker of the motion and the seconder. Mr. Culverhouse was in protest
24 of that explanation.
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26 Ms. Young recommended that Chairman Caron call for a second to Mr.
27 Culverhouse’s motion.
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29 Ms. Caron inquired if there was a second to Mr. Culverhouse’s motion.
30 No one seconded the motion; therefore, the motion failed.
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32 Ms. Hammer’s motion remained on the floor; Ms. Caron requested roll
33 call.
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35 Roll Call
36 Mr. Schrader – no
37 Ms. Morgan – no
38 Mr. Lounds – no
39 Mr. Culverhouse – no
40 Mr. Beaty – no
41 Vice Chairman Mundt – no
42 Mr. Reynolds – yes
43 Ms. Hammer – yes
44 Chairman Caron – no
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The motion failed 2-7.
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Mr. Culverhouse motioned that the Planning and Zoning Commission
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forward this application to the Board of County Commissioners with
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a recommendation of approval because the application meets the
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Standards of Review of Section 11.06.03 of the Land Development
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Code;
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Ms. Morgan seconded and requested that the approval be subjected to
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the Conditions of Approval contained in the staff report.
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Mr. Culverhouse agreed.
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Mr. Lounds requested that the sidewalk “buy-out option” be
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included. Mr. Culverhouse agreed.
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16 Roll Call
17 Mr. Schrader – yes
18 Mr. Reynolds – no
19 Mr. Lounds – yes
20 Mr. Beaty – yes
21 Ms. Hammer – no
22 Vice Chairman Mundt – yes
23 Ms. Morgan – yes
24 Mr. Culverhouse – yes
25 Chairman Caron – yes
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The motion carried 7-2 with Ms. Hammer and Mr. Reynolds
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dissenting.
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30 The Board took a break at 8:12 pm and reconvened at 8:26 pm.
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B. Dogs and Cats Forever: CU 720081505
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33 Petition of Dogs and Cats Forever to grant a Conditional Use Permit to
34 allow the operation of a completely enclosed kennel in the AR-1
35 (Agricultural, Residential – 1 du/acre) Zoning District.
36
37 Larry Szynkowski presented this item and displayed a power point
38 presentation. Mr. Szynkowski explained that the subject parcel is located
39 to the northeast of the intersection of Selvitz Road and Devine Road on
40 8.6 acres. It will consist of 5,820 square feet of building with 2 outdoor
41 exercise areas to be used two hours of the day. The hours of operation
42 will be from 9:30 am until 4 pm. Staff is recommending approval with the
43 nine Conditions of Approval as noted in the Staff Report and the
44 additional memorandum distributed to Board member’s immediately
45 before tonight’s meeting.
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1 Harold Melville, representing Dogs & Cats Forever, Inc., addressed the
2 Board and stated they concur with staff and have no objections to any of
3 the conditions of approval.
4
5 Ms. Caron questioned how the facility will dispose of dog and cat waste.
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7 The Executive Director of Dogs and Cats Forever (her name was
8 indiscernible) explained that waste will be picked up and put into the
9 dumpsters.
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11 Ms. Hammer suggested that the outdoor play area be opened at 9am rather
12 than 7am in consideration of nearby neighbors.
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14 Ms. Morgan suggested that the facility be allowed to use the outdoor play
15 area during the hours they are open to the public (9:30am until 4pm).
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17 Ms. Caron opened the public hearing. No one from the public spoke and
18 the public hearing was closed.
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20 Mr. Lounds questioned if staff or the client received any concerns from
21 residents to the east regarding this proposed use. Mr. Melville responded
22 no. Ms. Morgan interjected and explained that one of the neighbors
23 currently operates a dog kennel.
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Ms. Morgan motioned that the Planning and Zoning Commission
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forward this application to the Board of County Commissioners with
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a recommendation of approval because it is the perfect place for this
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type of operation, with the exception that the outdoor play/exercise
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area can be used during the entire time the facility is open to the
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public (from 9:30am until 4pm).
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Mr. Schrader seconded as long the nine conditions of approval staff
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identified be included (with the exception of condition number 2,
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which should be deleted). Ms. Morgan was in agreement
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35
36 Roll Call
37 Mr. Reynolds – yes
38 Mr. Lounds – yes
39 Ms. Hammer – yes
40 Mr. Culverhouse – yes
41 Mr. Beaty – yes
42 Vice Chairman Mundt – yes
43 Mr. Schrader – yes
44 Ms. Morgan – yes
45 Chairman Caron – yes
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The motion carried unanimously.
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2
C.Hospice Foundation of Martin & St. Lucie, Inc.: MJSP 720071264
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4 Petition of Hospice Foundation of Martin & St. Lucie, Inc. to grant a
5 Conditional Use Permit to allow Medical and Health Services and Social
6 Services and Major Site Plan Approval for the project to be known as
7 Treasure Coast Hospices Counseling Service Center in the I (Institutional)
8 Zoning District.
9
10 Linda Pendarvis presented this item and displayed a power point
11 presentation. Ms. Pendarvis explained that the subject parcel is located on
12 the south side of Midway Road on the southeast corner of Midway Road
13 and Dunn Road on 5.58 acres. The applicant is requesting approval of a
14 Major Site Plan for a three-story counseling building to be known as
15 Treasure Coast Hospices Counseling Service Center which will join the
16 existing development known as Hospice of the Treasure Coast. Staff is
17 recommending approval with the six Conditions of Approval noted in the
18 Staff Report.
19
20 Lou Benson, Chief Executive Officer of Treasure Coast Hospice, Inc.,
21 addressed the Board and displayed a video presentation. Mr. Benson
22 stated that they concur with staff’s recommendation.
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24 Ms. Caron opened the public hearing. No one from the public spoke and
25 the public hearing was closed.
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27 Board members made brief comments about the excellent and needed
28 services Hospice of the Treasure Coast provides to the community.
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30 Board members also commented on “fast-tracking” applications exactly
31 like this one and requested staff do whatever possible to “fast track” this
32 application.
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Mr. Beaty motioned that the Planning & Zoning Commission forward
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this application to the Board of County Commissioners with a
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recommendation of approval, including whatever staff can do to fast-
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track the approval process.
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Mr. Reynolds seconded.
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41 Roll Call
42 Mr. Schrader – yes
43 Ms. Morgan – yes
44 Mr. Lounds – yes
45 Ms. Hammer – yes
46 Mr. Culverhouse – yes
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1 Vice Chairman Mundt – yes
2 Mr. Reynolds – yes
3 Mr. Beaty – yes
4 Chairman Caron – yes
5
The motion carried unanimously.
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7
D.St. Lucie County: Ordinance No. 08-017
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9 Petition of St. Lucie County to amend Chapter 1-16.6 “Public Buildings
10 Impact Fee,” Chapter 1-17 “Roads Impact Fee,” and Chapter 1-15 “Parks
11 Impact Fee” of the Code of St. Lucie County.
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13 Mr. Satterlee gave a brief introduction explaining that this is a follow-up,
14 with revisions made to the data, etc., from the Board’s May meeting.
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16 Dr. James Nicholas, consultant to the County on this item, displayed a
17 power point presentation and gave an in-depth review of the Technical
18 Memorandum on the Methods Used to Calculate Improvements Driven
19 Road, Public Buildings and Park & Recreation Impact Fees document.
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21 The county will be switching to the improvements method for charging
22 developers impact fees for roads, parks and public buildings. This
23 methodology is tied directly to capital improvements noted in the Capital
24 Improvements Plan.
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26 Ms. Caron opened the public hearing. The following members of the
27 public came forward and spoke:
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29 Donald Santos, representing Treasure Coast Builders Association,
30 expressed frustration and anger at the lack of professionalism by certain
31 members of County staff, who after receiving this report, did not
32 immediately make the report available to the Treasure Coast Builders
33 Association (TCBA). TCBA had to go to Assistant County Administrator
34 Faye Outlaw to get a copy of the report. Mr. Santos feels there are many
35 flaws to Dr. Nicholas’ report. Mr. Santos does not agree with the
36 projected numbers of new homes to be built as contained in the report, as
37 well as disagreeing with many other issues. Mr. Santos does not feel now,
38 given the state of the economy, is the time to increase impact fees or to
39 change what the County is currently doing.
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41 Jonathan Ferguson, Esq., representing Core Communities, commented at
42 great length in opposition to Dr. Nicholas’ report. Mr. Ferguson also
43 distributed a letter from Core Communities to Board members. Mr.
44 Ferguson feels that there are too many variables, which can be
45 manipulated and that the new impact fees are unfair. Mr. Ferguson
46 suggests that the Board have staff go back and ensure that what the new
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1 residents pay in impact feels are fair and equitable. Mr. Ferguson also
2 brought up the comment he made from the last time the Board heard this
3 item with regards to there being no credits for previously paid impact fees.
4
5 Ms. Young explained that language will be added to make clear that
6 credits for impact fees will indeed be given.
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8 Ms. Hensley commented that she feels it is very untimely for the County
9 to be considering raising impact fees. Ms. Hensley feels it should be
10 pulled off the table until the County has a better understanding of what is
11 going to happen given the fact that the State of Florida is in such a “bad
12 state.”
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14 Discussions continued among Board members, staff and Mr. Ferguson.
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16 No one else from the public spoke and the public hearing was closed.
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Mr. Culverhouse motioned that this item be continued to the April 16,
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2009 meeting of the Planning & Zoning Commission and any parties
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that are going to submit any information in regard to this item (their
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own studies, comments on Dr. Nicholas’ studies, etc.) submit said
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documents 30 days in advance of the meeting and that the parties be
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required to share the information with the County and Dr. Nicholas
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and all information should be furnished to Mr. Ferguson and the
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Treasure Coast Builders Association.
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Ms. Hensley added that all information and reports should be
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furnished to the Legislative Committee and the Chamber of
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Commerce as well.
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Mr. Lounds seconded.
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33 Roll Call
34 Mr. Schrader – yes
35 Mr. Reynolds – yes
36 Ms. Morgan – yes
37 Ms. Hammer – yes
38 Mr. Beaty – yes
39 Vice Chairman Mundt – yes
40 Mr. Lounds - yes
41 Mr. Culverhouse – yes
42 Chairman Caron – yes
43
The motion carried unanimously.
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1
E.St. Lucie County: Ordinance No. 08-031
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3 Petition of St. Lucie County to amend Section 7.10.23(n)(3) of the Land
4 Development Code – Revise Separation Requirements for
5 Telecommunications Tower Height General Requirements and Minimum
6 Standards.
7
8 Katherine Mackenzie-Smith, Assistant County Attorney, presented this
9 item explaining that staff is proposing a minor change to the ordinance.
10 The change will be on Table 7-40 (changing setback requirements) – the
11 wording “the property line of” will be added before the wording “vacant
12 residentially zoned land” and the wording “750 feet or” will be added
13 before the wording “ 200% of telecommunications tower height” and
14 “whichever is greater” will be added following that sentence. Staff is
15 recommending approval.
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17 Ms. Caron opened the public hearing. No one from the public spoke and
18 the public hearing was closed.
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Ms. Hammer motioned for approval; Mr. Beaty seconded and the
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motion carried unanimously.
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IV. OTHER BUSINESS
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24 Board members inquired if there would a December meeting of the Planning &
25 Zoning Commission. Mr. Satterlee responded by explaining that he will advise
26 Board members by November 1, 2008 whether a December meeting will be
27 scheduled or not.
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V. ADJOURN
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30 There being no further business, the meeting was adjourned at 10:50 p.m.
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