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HomeMy WebLinkAboutMinutes 05-18-2000 St. Lucie County Planning and Zoning Commission Meeting Minutes REGULAR MEETING May 18,2000 Room 101, 7:00 P.M. MEMBERS PRESENT: Mr. Lounds; Mr. Hearn; Mr. Trias; Mr. Grande; Mr. Moore; Mr. McCurdy, Vice Chairman; Mr. Matthes, Chairman. MEMBERS ABSENT: Mr. Merritt; Ms. Dreyer; Both Excused OTHERS PRESENT: Mr. David Kelly, Planning Manager; Mr. Hank Flores, Planner III; Ms. Cyndi Snay, Planner II; Ms. Heather Young, Asst. Co. Attorney; Dawnelle Lewis, Office Assistant III. CALL TO ORDER Chairman Matthes called to order the meeting of the St. Lucie County Planning and Zoning Commission at 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL P & Z Meeting May 18, 2000 Page 1 of 10 ANNOUNCEMENTS For those of you who have not been here before, The Planning and Zoning Commission is an agency that makes recommendations to the Board of County Commissioners. The Staff will present a brief summary of the project and then make their recommendation. After which time, the Petitioner will be asked to come forward and state his/her case for the requested petition. At any time the Board may stop and ask questions of the Petitioner or Staff. After that process is completed the Chairman will open the public hearing for anyone who wishes to speak for or against the petition. The purpose behind this hearing is to get input from the general public. If anyone has something to say, please feel free to come forward and state it. After everyone has gotten a chance to speak the Chairman will then close the public hearing. The Board will deliberate and then make a decision regarding their recommendation, one way or the other. The decision that is made is typically read from a scripted set of statements that are given to the Board. It may sound rehearsed but it really is not. There is one motion for and one motion against in the package, so that the Board can make a motion either one way or the other so it is very clear in the records. Once again, I want to remind you that the Planning and Zoning Commission only acts in an advisory capacity for the Board of County Commissioners. If you are not happy with the outcome of this hearing you will have the opportunity to speak at the public hearing in front of the Board of County Commissioners. No other announcements or comments. AGENDA ITEM 1: February 17, 2000 MINUTES Mr. Lounds motioned for approval of the February 17, 2000 meeting minutes. Mr. Grande seconded the motion. Upon a roll call vote, the motion was passed (with of a vote of 4-0) with Mr. McCurdy, Mr. Hearn and Mr. Trias abstaining their vote. P & Z Meeting May 18, 2000 Page 2 of 10 AGENDA ITEM 2: Mr. & Mrs. Vernon Davis and Mr. & Mrs. Arthur Purdy File No. RZ-00-005 Staff Planner, Cyndi Snay stated that Agenda Item 2 was the petition of Mr. & Mrs. Vernon Davis and Mr. & Mrs. Arthur Purdy, for a Change in Zoning from the AR-1 (Agricultural, Residential 1 du/acre) Zoning District to the RS-4 (Residential, Single-Family 4 du/acre) Zoning District for lots 4-8 and lot 1 Jay Garden Subdivision. Ms. Snay asked the Petitioner to come forward. Mr. Vernon Davis came forward. Ms. Snay advised that the previous property owners sold the subject property to the two petitioners creating an illegal lot split. The original property owner did not follow proper lot split application procedures when they recorded the deeds for the sale of the property with the Clerk of the Courts. Upon applying for a building permit to construct a single-family residential home, Mr. & Mrs. Davis was advised that this was a non-conforming lot. Therefore, leaving the lots unbuildable. To rectify the situation and make the lots buildable, a rezoning is required. Staff has reviewed this petition and determined it conforms to the Standards of Review as set forth in the St. Lucie County Land Development Code and is not in conflict with the Comprehensive Plan. Therefore, Staff recommends you forward this petition to the Board of County Commissioners with a recommendation for approval. Chairman Matthes asked Mr. Vernon Davis if he had any comments. Mr. Davis stated that when he bought the property he researched it and was under the impression it was buildable to the standards of an acre. Once the property was cleared, Mr. Purdy purchased the other 2 lots, under the understanding that rd he too could build upon them also. The real estate company sold the 3 parcel to the builder on the end unbuildable. Chairman Matthes asked the Board if they had any questions of the Petitioner. Mr. Grande asked who confirmed this. Mr. Hearn reconfirmed that the property is currently zoned AR-1 (Agricultural Residential, 1 du/acre) and that this matter concerned lots 4-8 (5 total lots). Mr. Hearn questioned why official non-conforming lot of record, under common ownership, it is looked at as one lot. This was all build. The illegal lot split must be rectified and a rezoning would accomplish this. Mr. Hearn confirmed that lots 6,7 and 8 are under one ownership and equal one acre. Ms. Snay confirmed it is just at an acre. Mr. Hearn stated that from what he is understanding, since it was under common ownership previously, it cannot be built upon, even though it is zoned AR-1. Ms. Snay advised that is correct. Mr. Kelly advised that lots 1&2 and 3-8 were under common ownership. Lot 3 was purchased by the owner of Lots 1 & 2 and became all one parcel. Lots 6,7 & 8 were purchased and became one parcel (over an acre), but left lots 4 & 5 (non-conforming, illegal parcel) unbuildable under the current AR-1 Zoning. The way the code is written, until the whole area is corrected, no one can do anything. The rezoning would correct this problem. Mr. Hearn then asked Mr. Kelly if Lots 4 & 5 would be eligible to have units build on each one of them if this rezoning is approved? Mr. Kelly advised that they each would be buildable. Mr. Hearn then asked why RS-2 (Residential, Single-Family 2 du/acre) Zoning was not considered to minimize the number of septic tanks and wells on the properties? Mr. Kelly advised RS-4 would be consistent with the existing zoning in the sub-division. Mr. Matthes stated that per his research, in 1957 the Jay Gardens subdivision lots were all platted individually and questioned why this problem has risen? -conforming because an acre is needed to oned P & Z Meeting May 18, 2000 Page 3 of 10 why they are asking for a Change in Zoning for anything other than lots 4 & 5. Mr. Kelly advised that these parcels are the product of illegal lot splits & therefore makes them unbuildable. According to the Code, until it is ALL corrected, no one can do anything with their property. Mr. Grande stated that he feels that lots 1,2, &3 needs to be left with their current zoning (AR-1), as well as lots 6,7&8. He feels that only lots 4 & 5 need to be rezoned to AR-2. Mr. Kelly advised that staff had a lengthy discussion with Mr. McIntyre & they all agreed that the entire area would need to be rezoned for this to be effective. Mr. Grande advised that he feels the Board and Staff will need to have several discussions regarding these issues and rewording the language of the code at a later date to avoid any future problems. Chairman Matthes opened the Public Hearing. matter & said that he hopes the Board will consider their request & forward with a recommendation for approval. Chairman Matthes closed the Public Hearing. Mr. Lounds stated that after considering the testimony presented during the Public Hearing, including staff comments, and the standards as set forth in Section 11.06.03, St Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Mr. & Mrs. Vernon Davis and Mr. & Mrs. Arthur Purdy for a Change in Zoning from the AR-1 (Agricultural, Residential 1 du/acre) Zoning District to the RS-4 (Residential, Single-Family 4 du/acre) Zoning District. Motion seconded by Mr. Moore. Upon a roll call vote the motion passed unanimously (with a vote of 7-0) for recommendation to forward to the County Commissioners for approval. P & Z Meeting May 18, 2000 Page 4 of 10 AGENDA ITEM 3: Michael Huber - FILE NO. RZ-00-007 Staff Planner, Hank Flores stated that Agenda Item #3 was the petition of Michael Huber for a Change in Zoning from the CN (Commercial, Neighborhood) Zoning District to the CO (Commercial, Office) Zoning District for property located on the southeast corner of the intersection of West Midway Road and Melville Road. Surrounding property is zoned RS-3 to the south and CN to the east, west and north and CG in the northeast. The representative for the petitioner, Mr. Mike Jacklin advised that Dr. Huber is out of town and he was available to answer any questions. Chairman Matthes asked for questions from the Board. Mr. McCurdy questioned if the applicant intends to take the existing improvements off the property? Mr. Jacklin advised that one of the homes displayed may be moved to a park and the other home is not of value and will most likely be demolished. Mr. Lounds asked how much frontage is located on Melville Road, south of the subject property. Mr. Jacklin advised that frontage would be on both Midway Road and Melville Road. Chairman Matthes opened the Public Hearing. Hearing no other questions from the Board, Seeing no one, Chairman Matthes closed the Public Hearing. Staff has reviewed this petition and determined it conforms to the Standards of Review as set forth in the Land Development Code and is not in conflict with the Comprehensive Plan. Therefore, Staff recommends you forward this petition to the Board of County Commissioners with a recommendation of approval. Chairman Matthes asked if this area is within the White City Redevelopment Area? Mr. Trias advised that he has not seen any progress regarding this issue and there are no performance standards at this time. Mr. Kelly advised that the White City Plan has not ever been adopted or approved. Chairman Matthes questioned if this application has to go through the site plan process and Mr. Kelly confirmed that is correct. Mr. Kelly also advised there was a letter from Arlene Goodman showing that all of the White City members are in favor of this. Mr. Hearn stated that after considering the testimony presented during the Public Hearing, including staff comments, and the standards as set forth in Section 11.06.03, St Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Michael Huber for a Change in Zoning from the CN (Commercial, Neighborhood) Zoning District to the CO (Commercial, Office) Zoning District because it seems to be the proper zoning to meet the particular needs and is a good blend for the community. Motion seconded by Mr. McCurdy. Upon a roll call vote the motion passed unanimously (with a vote of 7-0) for recommendation to forward to the County Commissioners for approval. P & Z Meeting May 18, 2000 Page 5 of 10 AGENDA ITEM 4: Bruce Neal FILE NO. RZ-00-006 Staff Planner, Hank Flores advised the Petitioner was not present. Mr. Kelly asked to move it to the end of the agenda. Chairman Matthes and the Board agreed to move this item to the last thing on the agenda. Chairman Matthes opened the Public Hearing. Chairman Matthes closed the Public Hearing. Mr. stated that after considering the testimony presented during the Public Hearing, including staff comments, and the standards as set forth in Section 11.06.03, St Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of for a change in . Motion seconded by . Upon a roll call vote the motion passed unanimously and forwarded to the County Commissioners for approval. P & Z Meeting May 18, 2000 Page 6 of 10 AGENDA ITEM 5: Jack Taylor FILE NO. CU-00-002 Staff Planner, Cyndi Snay stated Agenda Item # 5 was the petition of Jack Taylor for a Conditional Use Permit to allow a 68,815 square foot mini-warehouse and self-storage facility in the CG (Commercial, General) Zoning District for the property located on the east side of US Highway 1, approximately 635 feet south of Prima Vista Boulevard and south US 1. The agent for Jack Taylor, Mr. Joe Frisha, advised he was available to answer any questions from the Board. Mr. McCurdy questioned if there was any landscaping proposed on the outside of the 8-foot cement block walls and/or fences? Mr. Frisha advised that he did not prepare the landscape plan however; he does believe a landscape bumper is there in addition to the walls. Ms. Snay confirmed that was correct. Mr. Hearn questioned if the wall that Mr. McCurdy asked about is part of the storage building, or is it a separate wall? Mr. Frisha explained that it is the future wall for the base of the building, but in the mean time will be used as a screen. Mr. Hearn asked about storm drainage & Mr. Frisha confirmed that at the end of the driveway the storm drain is piped west across US 1 and then elsewhere too. Chairman Matthes opened the Public Hearing. Seeing no one, Chairman Matthes closed the Public Hearing. Development Code and is not in conflict with the Comprehensive Plan. Staff recommends approval with the conditions set forth on pages 9-12 in the staff report. Mr. Lounds stated he was unclear about where the landscaping will be on this property. Ms. Snay advised that the Code requires a landscaped bumper to be on both sides (interior and exterior) of the fence line. Mr. Lounds questioned the landscaping on the backside of the property opposite US 1. Ms. Snay stated the landscaping would be on the fence side only. Perimeter landscaping is required within the dry detention areas as well. Mr. Lounds asked Chairman Matthes what the purpose of the detention area was, since he has an engineering background. Chairman Matthes advised this is to clean the water prior to discharge. Mr. Lounds stated that he felt the slope & angle of repose in the detention area should be reviewed again because he felt it would be difficult to mow this area. Mr. Frisha advised he felt this area would be able to be mowed. Mr. Grande confirmed that Code Enforcement would monitor the upkeep of these areas. Ms. Snay advised that is correct. Mr. Lounds recommended that the trees in the detention area be changed from live oaks & laurel oaks to maple or cypress trees. Chairman Matthes asked Mr. Frisha if a landscape architect prepared the landscaping. Mr. Frisha confirmed this. Mr. Hearn stated that both maple & cypress trees create mowing problems because their root systems come above ground as they mature. Ms. Snay advised that Staff could coordinate with the petitioner prior to going to the Board of County Commissioners to discuss the landscaping issues. Chairman Matthes concurred. Mr. McCurdy stated that after considering the testimony presented during the Public Hearing, including staff comments, and the standards as set forth in Section 11.06.03, St Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Jack Taylor for a Conditional Use Permit to allow a 68,815 square foot mini-warehouse and self-storage facility in the CG (Commercial, General) Zoning District subject to the conditions mentioned in the Staff Memo because it is going to be a good use for the site and will add to the tax base and enhance the neighborhood. P & Z Meeting May 18, 2000 Page 7 of 10 Motion seconded by Mr. Lounds. Upon a roll call vote the motion passed unanimously (with a vote of 7-0) for recommendation to forward to the County Commissioners for approval. AGENDA ITEM 6: Treasure Coast Land Clearing, Inc and Treasure Coast Tractor Service, Inc. FILE NO. RZ-00-004 Staff Planner, Cyndi Snay advised that Item # 6 is the petition of Treasure Coast Land Clearing, Inc. and Treasure Coast Tractor Service, Inc. for a Change in Zoning from the AG-5 (Agricultural 1 du/5 acres) Zoning District to the U (Utilities) Zoning District for property located on the south side of Orange Avenue approximately 1800 feet west of Sneed Road. Ed Becht, a representative for the petitioner stated they would prefer not to rezone the property, but in order to dispose of the land clearing debris, they would need a Conditional Use Permit for solid waste disposal and that is only available under the U (Utilities) Zoning. He further stated if there were any questions, he would be available to answer them. Mr. Hearn reconfirmed that they would have two (2) large vehicles entering the property approximately every hour and an 8-foot wall to try to disguise 30-foot piles of debris. Mr. Becht advised that the property is 37 acres and is almost ½ mile west of Sneed Road and at the rear of the property (near the canal) is where the removal will take place. He continued that there would be a 100-foot bumper on each side and that 2 landowners in the area submitted letters that they are in favor of the project. Mr. Becht also stated that he did not feel the debris piles would be 30- would be permissible anyway. Mr. Moore asked if the petitioner anticipates adding a crossing over the canal. Mr. Becht advised that they did not expect to do that. Mr. Lounds asked if all 35 acres, up to Orange Avenue, were going to be cleared. Mr. Becht advised that a functional citrus grove is on the property in the front and that would remain. Mr. Grande questioned that he saw it show piles cannot exceed 30-feet. Mr. Kelly stated those figures are part of the Conditional Use petition, which is to follow. Mr. Grande advised that he now understands those figures were the Code guidelines and realizes that is not necessarily what the petitioner will be doing. Mr. Trias questioned where the conditions that were listed in the next petition came from. Ms. Snay advised those conditions were placed upon the applicant by Staff and they are not FDEP (Florida Department of Environmental Protection), except for the 9 a.m. time of ignition of combustion fires. Mr. Lounds questioned if 10-acres is enough? Mr. Becht advised he did believe that would be sufficient. Mr. Lounds asked if the grove could be used to satisfy condition # 4, paragraph 2? Ms. Snay advised they would not be able to consider the grove and are required to do their own landscaping. Mr. Lounds asked what the purpose of the landscaping would be since this area is located 20 acres off the road? Mr. Kelly advised that was a recommendation from Staff. Chairman Matthes advised the conditions for landscaping should be discussed in the next agenda item. It is not relevant to the Change in Zoning. Chairman Matthes opened the Public Hearing. Mr. John Rain of Fort Pierce stated that during start-up smoke from the air curtain incinerator could be seen from across the county and land clearing debris has a large amount of moisture. This can produce an incomplete combustion, especially at start-up. Seeing no one else, Chairman Matthes closed the Public Hearing. P & Z Meeting May 18, 2000 Page 8 of 10 Staff recommends that the petition be forwarded to the Board of County Commissioners with a recommendation of approval. Mr. Grande stated that after considering the testimony presented during the Public Hearing, including staff comments, and the standards as set forth in Section 11.06.03, St Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Treasure Coast Land Clearing, Inc. and Treasure Coast Tractor Service, Inc. for a Change in Zoning from the AG-5 (Agricultural 1 du/5 acres) Zoning District to the U (Utilities) Zoning Districtbecause this would be the best use of the land. Motion seconded by Mr. McCurdy. Upon a roll call vote the motion passed unanimously (with a vote of 7-0) for recommendation to forward to the County Commissioners for approval. AGENDA ITEM 7: Treasure Coast Land Clearing, Inc. and Treasure Coast Tractor Service, Inc. FILE NO. CU-00-006 Staff Planner, Cyndi Snay stated Agenda Item 7 is the petition of Treasure Coast Land Clearing, Inc. and Treasure Coast Tractor Service, Inc. for a Conditional Use Permit to allow the operation of an air curtain incinerator for the disposal of land clearing debris in the U (Utilities) Zoning District. Mr. Becht stated that the property was purchases as far west as possible so that no one would be offended with any aspect of the operation. He further stated that he was not aware of the recommended condition for vegetative screening that Staff had placed on the petition until now. Chairman Matthes opened the Public Hearing. Chairman Matthes closed the Public Hearing. Mr. stated that after considering the testimony presented during the Public Hearing, including staff comments, and the standards as set forth in Section 11.06.03, St Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of for a change in . Motion seconded by . Upon a roll call vote the motion passed unanimously and forwarded to the County Commissioners for approval. AGENDA ITEM 8: Comprehensive Plan Goad and Preamble Chairman Matthes opened the Public Hearing. Chairman Matthes closed the Public Hearing. P & Z Meeting May 18, 2000 Page 9 of 10 Mr. stated that after considering the testimony presented during the Public Hearing, including staff comments, and the standards as set forth in Section 11.06.03, St Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of for a change in . Motion seconded by . Upon a roll call vote the motion passed unanimously and forwarded to the County Commissioners for approval. Next scheduled meeting will , 2001. ADJOURNMENT Motion to adjourn made by Mr. and seconded by Mr. . Meeting was adjourned at p.m. Respectfully submitted: Approved by: _____________________________ _______________________________ Dawn Wismer, Secretary Steffan Matthes, Chairman . P & Z Meeting May 18, 2000 Page 10 of 10