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HomeMy WebLinkAboutMinutes 07-15-1999 PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY ST. LUCIE COUNTY, FLORIDA JULY 15, 1999 - REGULAR MEETING MINUTES BOARD MEMBERS PRESENT: Stefan Matthes, Carson McCurdy, Noreen Dreyer, Charles Grande, Albert Moore, Diana Wesloski BOARD MEMBERS ABSENT: Ramon Trias, Ed Merritt, Ed Lounds (all excused) OTHERS PRESENT: Heather Young, Assistant County Attorney; Julia Shewchuk, Community Development Director; David Kelly, Planning Manager; Hank Flores, Planner III; Cyndi Snay, Planner II; and JoAnn Riley, Planning Technician PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Chairman Wesloski ANNOUNCEMENTS: Mr. Kelly stated that he had two announcements: Mr. Kelly stated that the Drainage and Natural Groundwater Aquifer Recharge and Solid th Waste Sub-Elements have been provided to the Board tonight for the July 29 meeting. These Elements have also been provided to the Study Group. The Potable Water and Sanitary Sewer Sub-Elements will also be provided to the Board and the Study Group next week. Mr. Kelly stated that he would like to comment on Agenda Item #8, Joseph E. Herndon, for a Preliminary Planned Unit Development Approval, and a Change in Zoning from the AG-5 (Agricultural - 1 du/5 acres) Zoning District to the PUD (Planned Unit Development - Herndon Estates) Zoning District. Mr. Kelly stated that the Board has before them a request from representatives of the project to postpone the public hearing because there are wetland issues that need to be resolved on the project. Mr. Kelly hearing until August 19, 1999, the public hearing tonight will have to be opened. He stated that there are a number of people present tonight and he has spoken to at least one who will likely object to the continuance. Mr. Kelly stated that it has been the policy of this Board if the public hearing is opened tonight and continued until August 19, 1999, it is the same hearing. He stated that the continued the Board has enforced that policy. He stated that if you speak tonight you would not be able to speak next month. Mr. Kelly stated that a comment about the postponement without the details of the project is different from discussing the project. If there is to be discussion of the project tonight, he would recommend that the Board continue with that policy. He stated that a representative of the project is here tonight. If people are here because they do not know what is happening we could provide an explanation and he certainly would want to waive the rule for that representative so that he could make the full presentation next month. Mr. Kelly stated that he would recommend that the Board take the action to either continue or not to continue early in the meeting. He stated that if it is to be continued he believes there are a significant number of people here who could probably go home early. July 15,1999 P&Z Meeting Page 1 DISCLOSURES: Mr. Matthes stated that he has a conflict with Agenda Item #8, Joseph E. Herndon. He stated that his employer, Culpepper & Terpening, represents the applicant, therefore, he will recuse himself from this item. APPROVAL OF PLANNING AND ZONING COMMISSION MEETING MINUTES -REGULAR MEETING OF MAY 20, 1999 Chairman Wesloski asked if there were any additions or corrections to the minutes. There being no additions or corrections to the minutes of the May 20, 1999 meeting, Chairman Wesloski asked for a motion. Mr. Matthes made a motion for approval, and it was seconded by Ms. Dreyer. Upon roll call, the motion was approved 5-0, with Mr. McCurdy abstaining. APPROVAL OF PLANNING AND ZONING COMMISSION MEETING MINUTES - REGULAR MEETING OF JUNE 17, 1999 Chairman Wesloski asked if there were any additions or corrections to the minutes. There being no additions or corrections to the minutes of the June 17, 1999 meeting, Chairman Wesloski asked for a motion. Ms. Dreyer made a motion for approval, and it was seconded by Mr. McCurdy. Upon roll call, the motion was approved 6-0. July 15,1999 P&Z Meeting Page 2 PUBLIC HEARING - JOSEPH E. HERNDON FILE NO. RZ-99-013 Chairman Wesloski explained the Planning and Zoning Commission hearing procedures. Mr. Kelly presented staff comments. Mr. Kelly stated that as he indicated a few moments ago staff has received a request from item. He stated that staff would recommend that we heard. He stated that if the Board would like a presentation or would like specific details, staff could provide such. Chairman Wesloski asked if there were any questions for Mr. Kelly. At this time, Chairman Wesloski opened the public portion of the hearing. Chairman Wesloski stated that if you have an objection to the continuance of this hearing until next month (August 19, 1999) you need to come to the podium and address that issue and that issue only. Ms. Dreyer stated that she believes the Board should take public comment before the Board votes to continue. Chairman Wesloski stated only on the continuance. Ms. Dreyer stated that this is a public hearing and if someone cannot be here next month the Board should probably give them the opportunity to speak. Chairman Wesloski stated that if someone were to speak tonight, the Board would not be able to hear their objections next month, because it will already be a part of the public record. Chairman Wesloski asked if the applicant would like to address the Board. th Mr. Eric Zeiss, Project Manager with Culpepper and Terpening, 2980 South 25 Street, Fort Pierce, addressed the Board. Mr. Zeiss stated that they represent Joseph E. Herndon who would like to rezone approximately twenty-five acres from AG-5 (Agricultural - 1 du/5 acres) Zoning District to PUD (Planned Unit Development - Herndon Estates) Zoning District to allow for the construction of four single-family homes. Mr. Zeiss stated that the four homes will be clustered together with an area of common space. Chairman Wesloski asked if there were any questions for Mr. Zeiss. Mr. Kelly stated that staff does not have a transparency of the proposed site plan and suggested that Mr. Zeiss share the proposed site plan with the audience. Mr. Kelly stated that he believes it is important to understand there will be homes on two acres lots in an area that is zoned for five acre lots, and there will be a substantial area that will be committed to open space. Mr. Kelly stated that the overall density will be less than the five per acre, and the PUD (Planned Unit Development) will require that it remain that way into the future which is consistent with the St. Lucie County Comprehensive Plan policies. Mr. Zeiss stated that he has copies of the proposed site plan and provided such to the audience. At this time, Chairman Wesloski opened the public portion of the hearing. Mr. Rodney Hall, 6303 South Header Canal Road, Fort Pierce, addressed the Board. Mr. Hall stated that he would like the Board to make a decision tonight. He stated that everyone is here, most of the residents work, and it might be difficult for everyone to come back next month. July 15,1999 P&Z Meeting Page 3 Mr. Hall stated that the residents do not have a problem with the homes being placed in a cluster. He stated that the residents do not want the property rezoned. He does not understand why the same cluster of homes cannot be centered on the property, there are twenty-five acres, make six and one- quarter acre tracts, with the cul-de-sac down the center of the property. He stated that will eliminate the residents doubts of future growth on the parcel. He stated that once the property is rezoned to PUD (Planned Unit Development) and the residents have the rights to build on one acre lots, you cannot turn down the rest. He stated that they do not want to deny anyone the right to live out there. There is enough land for the -quarter acre lots. Chairman Wesloski asked Mr. Hall if he wants the homes separated. Mr. Hall stated that there is no need for the homes to be separated, the cul-de-sac can be placed in the center of the property, put the homes in the same position on six and one- quarter acre lots, and that will eliminate growth on the remaining portion of the land because there is no telling what could happen in ten years. Chairman Wesloski asked Mr. Hall if he believes if t-de-sac to the center of the property that would elevate any further possible development on another Mr. Hall stated that the residents do not want this property rezoned. He stated that he would elimina build these four homes on twenty-five acres and allow them to do the improvements that they want. He stated that they can still have the same subdivision, Herndon Estates, divide the property into six and one-quarter acre lots, and everybody would be satisfied. It could stay AG-5 (Agricultural - 1 du/5 acres) because the homes would be on six and one-quarter acre tracts and the PUD (Planned Unit Development) will not be there for future problems. Once you allow a PUD (Planned Unit Development) to one person, you will have to give it to someone else. There are 300 acres on that same road that are tomato farms right now. Chairman Wesloski asked Mr. Kelly to explain why it is beneficial for the PUD (Planned Unit Development) and how the 300 acres cannot be used in the same fashion. Mr. Kelly stated that Mr. Hall is correct in that if the cul-de-sac were moved to the center of the property you would have four six and one-quarter acre lots that would meet zoning. some additional expenses. Mr. Kelly stated that he would like to describe the PUD (Planned Unit Development) process in St. Lucie County. He stated that PUD (Planned Unit Development) is an an example he often uses is zero lot line homes which our Code does not allow. A developer can come in with a zero lot line, lay out all of the details, bring it to this Board and the Board of County Commissioners, and if approved becomes a brand new zoning category called PUD (Planned Unit Development) available to that property only. Mr. Kelly stated that the example before the Board tonight is that the applicant came in and stated that they would like to cluster the homes, they would like to include in the PUD (Planned Unit Development) a large tract which will be open space, it could be used for agriculture, it cannot be used for building homes, because it is committed as a part of this PUD (Planned Unit Development). Mr. Kelly stated that he believes the fear of the surrounding residents is that the apply to build one more home, and if they go beyond that they would violate the July 15,1999 P&Z Meeting Page 4 application process that will be reviewed all the way to Tallahassee and quite candidly will receive a very strong recommendation of denial from staff. Mr. Kelly stated that this is an attempt by a family to build four homes on twenty-five acres, to cluster them in one portion of the property and to lock themselves into never being able to build any more than one additional home. He stated that he believes the Coun would be approved, certainly in any of our life times, he cannot speak forever. Mr. Kelly stated that the PUD (Planned Unit Development) specifies what will happen to the property in the future, and the only way it could change would be through a Plan Amendment and a rezoning. He stated that both of these actions would come before this Board and the Board of County Commissioners. The Plan Amendment would be reviewed all the way to Tallahassee. Mr. Kelly stated that three hundred acres divided by five equals sixty homes, that is what could be there today. It is possible to cluster those homes on two acre lots and leave one hundred eighty acres forever open space, and he does not know if the residents would object to that type of a plan. The impacts on the County and how it affects all of us, tend to be the same, if we have sixty homes on two acre lots or sixty homes on five acre lots. Mr. Kelly stated that if this PUD (Planned Unit Development) is approved the Future Land Use Designation on this property will stay AG-5 (Agricultural - 1 du/5 acres), so there is no way that more density than five homes on twenty-five acres could be there. Mr. Hall stated that he appreciate tonight to stop the change in zoning, they do not want a PUD (Planned Unit -5 (Agricultural - 1 du/5 acres), then let it happen. -5 (Agricultural - 1 du/5 acres) would be to slide the cul-de-sac to the middle and leave the open space on both ends for six and one-quarter acre lots. He stated that this is a solution, but it is not Mr. Hall stated that he believes there is a wetland in the area where one of the homes is to be constructed which would cause the cul-de-sac to be moved. Mr. Ke Mr. Hall stated that if the cul-de-sac were moved down, with six and one-quarter acre lots, with the same design of homes built in the cul-de-sac, the residents would not argue at all, and it would eliminate the possibility of the fifth home. Chairman Wesloski stated that the proposed site plan could change prior to the next meeting due to the wetland question. Mr. Kelly stated that if the Board were to consider this petition tonight, the proposed site plan that has been submitted would have to be considered. The drawing has a significant problem with a wetland, the applicant has asked for time to research and deal with the wetland, and come back, and staff believes that is a reasonable request. Chairman Wesloski stated that she would like to take an uncommitted poll of the Board as to their willingness to continue this because of the ambiguity of a possible wetland. The members of the Board were all in favor of a continuance. Mr. Moore stated that the continuance may benefit Mr. Hall and the residents as well as the Board in making a decision tonight and he understands Mr. Hall and the residents have to work. July 15,1999 P&Z Meeting Page 5 Chairman Wesloski stated that an official vote did not take place, but is seems sensible to continue this petition. Chairman Wesloski stated that if you have an objection to the continuance that is what should be addressed at this time. Mr. Kelly stated that anyone who could not be present next month should also come forward at this time. He stated that if you speak tonight you will not be able to speak next month. Mr. Michael Reese, 6395 South Header Canal Road, Fort Pierce, addressed the Board. Mr. Reese stated that a continuance should not happen. He stated that people work and it was hard for the residents to get together as a community to be present tonight. He stated that he has been in the construction field, prints change, and lands change. Mr. Reese stated that he does not believe it is sensible to postpone this hearing. He stated that everyone that will be affected by this is here tonight. Letters were not sent to residents about the postponement, because letters were drafted too late, which does not leave residents time to talk as a community and prepare, it is all thrown on the residents at the last minute. He stated that he would urge the Board to consider not postponing this for the residents, whether they can make it next month or not. The residents just want this settled tonight. Chairman Wesloski stated that if you would like to speak on this issue this evening because you feel that you may not be able to attend next month, the microphone is open for you. Chairman Wesloski stated that she would urge the public to understand that there is a possibility of changes and if you speak during the public hearing this evening that would be your time. Chairman Wesloski asked if there was anyone else who would like to speak. Mr. Eric Jackson, 17025 Hammock Lane, Fort Pierce, addressed the Board. Mr. Jackson stated that he moved to this area for the nature and country and he does understand PUD (Planned Unit Development). Mr. Jackson asked Mr. Kelly how many homes can you pack into a PUD (Planned Unit Development). Mr. Kelly stated that PUD (Planned Unit Development) is a special zoning category that allows a developer to specify what he is going to do, with ground rules established by the County. The Land Development Code is the starting point. The absolute limit is the Future Land Use of the property which is AG-5 (Agricultural - 1 du/5 acres). The Future Land Use and the Zoning District on this parcel are the same designation. The State mandated Land Use Plan shows AG-5 (Agricultural - 1 du/5 acres) and we have told the State that we will not have more than one dwelling per five acres on this parcel. Mr. Kelly stated that if there are twenty-five acres in that parcel, the PUD (Planned Unit Development) would allow them to take five homes, which is the number they could have under the existing zoning, the PUD (Planned Unit Development) would allow them to cluster them in some other manner, but the absolute limit on the number of homes is five, no matter how they put them in. Mr. Jackson asked Mr. Kelly one home per five acres. Mr. Kelly stated that that is the limit on the number. PUD (Planned Unit Development) would allow them to be clustered differently. Mr. Jackson asked Mr. Kelly what can the PUD (Planned Unit Development) turn into. Mr. Kelly stated that the PUD (Planned Unit Development) is always tied to and bound by the Land Use Designation which will still be AG-5 (Agricultural -1 du/5 acres). The July 15,1999 P&Z Meeting Page 6 PUD (Planned Unit Development) cannot be any more dense than AG-5 (Agricultural - 1 du/5 acres). Mr. Jackson asked Mr. Kelly why the property cannot be left the way it is. -acre lots and a big open field, instead of having five or more acres in each lot. Mr. Jackson asked Mr. Kelly if this is because of the cost of the road. Mr. Kelly stated that the cost of pavement is expensive per linear foot and may have been a factor. Mr. Jackson stated that he is not against anything that is going on. Mr. Jackson stated that his question is: Why? Is it pavement? Is there some type of underlying situation going on where they could pack in more homes per acre? Mr. Kelly stated that he could never say absolutely not, because conditions change. Mr. Kelly stated that it will not happen in any of our life times, because this County will enforce one home per five acres for that large western area, and that Land Use Map will stay the same. Mr. Kelly stated that this Board is currently, in another venue, looking at the St. Lucie County Comprehensive Plan. He stated that this Board has reviewed that map and no one has made any effort to change to have more density anywhere out west. Mr. Jackson asked Mr. Kelly if he can guarantee that. Mr. Kelly stated that he cannot guarantee that forever, no one can. He stated that the whole land use out west could be changed and the zoning could change for the whole western part of the County. Mr. Kelly stated that he does not believe that is going to happen. Mr. Jackson asked Mr. Kelly if someone were to propose a big development or other homes near him, would this same scenario happen again. Mr. Kelly stated yes, it could. Mr. Jackson asked Mr. Kelly if the residents would have to come back and fight again, if the H Mr. Kelly stated that for a moment he will make the assumption that Mr. Herndon has come in and stated that he would like four more homes on the big open parcel for his other family members. Mr. Kelly stated that Mr. Herndon will end up in the Planning Conference Room and will be told his proposal violates the State mandated Comprehensive Plan, staff cannot take the proposal to the Planning and Zoning Commission or the County Commission until the Comprehensive Plan has been modified and that will take nine months to a year to get through the application process. Mr. Herndon will face a very strong recommendation of denial from staff because it will be an absolute spot change out in the middle of nowhere, and he believes there is no chance of getting it through the Department of Community Affairs in Tallahassee. That is the message he would deliver to Mr. Herndon. Mr. Kelly stated that some applicants would say thank you for the advice and file the application anyway. Staff would recommend against the application, it would come before this Board and the Board of County Commissioners to determine whether it should be transmitted to Tallahassee. He stated that he believes this Board and the County Commission would say no. Mr. Jackson asked Mr. Kelly what if staff, this Board, and the County Commission are not here. He stated that he appreciates the information provided by staff. He stated that July 15,1999 P&Z Meeting Page 7 it can happen, it is set-up to happen. H regarding future homes on the property. Ms. Patricia Herndon, 409 Easy Street, Fort Pierce, addressed the Board. Ms. Herndon stated that the agenda for this property is family, a family that has lost a father. She stated that they decided they want to live together and purchased this property. They want to zone the property so that they can have their homes close together and the rest of the property for agriculture. Ms. Herndon stated that they plan to build four homes and have no plans in the future to special events like family reunions can take place, so everyone will not have to stay at their homes. She stated that these homes are not going to be small, they are going to be very nice homes and it would definitely up the property value. Ms. Herndon stated that there is no future in wanting to build more homes, this is their property, for their personal use, there is no further intent. Ms. Barbara Sinbine, 17275 Hammock Lane, Fort Pierce, addressed the Board. Ms. Sinbine stated that the problem she has is trust. She stated that she purchased her property and built a nice home. Before she built her home she did not go in and dump mass amounts of garbage and trash on the property she was going to build on. She stated that for months now, there have been trucks bringing in mass amounts of garbage, which they have been trying to truck rapidly back out the last few days. Ms. Sin have put garbage and trash all over it. She stated that she and the other residents worry that they are going to have something other than four homes on this property, because of their property, they are proud to live there. She stated that they are very proud people who like their country living, they are proud of their property and they wish the Ms. Sinbine stated that they do not want a PUD (Planned Unit Development). If the throwing garbage into, then maybe this can be worked out. As long as the residents do not trust what is going on, the residents do not want this done. Chairman Wesloski asked if there was anyone else who would like to speak that possibly will not be here next month, or to object to the continuance. Hearing no further arguments, Chairman Wesloski closed the public portion of the hearing. Chairman Wesloski asked what would be the pleasure of the Board. Mr. McCurdy made a motion to continue this petition to the August 19, 1999, meeting. Mr. Moore seconded the motion. Chairman Wesloski asked if there was any discussion. Upon roll call, the motion was approved, 5-0. Chairman Wesloski asked Mr. Kelly once the proposed site plan has been amended if staff could contact a representative of the community to let them know that it is available and/or if there are any further changes. Mr. Kelly stated yes and asked if there is a representative of the community that would like to volunteer. July 15,1999 P&Z Meeting Page 8 Mr. Kelly stated that Mimi Smith has volunteered to be the representative and asked Mr. Kelly if residents would receive a new letter. Mr. Kelly stated that because this hearing has been continued to a date certain of August 19, 1999, at 7:00 p.m. or as soon thereafter as possible, there is no requirement for additional notice. Chairman Wesloski stated that Mr. Kelly will be in contact with Mimi Smith as soon as new information is available. Mr. Kelly stated that he will request that the applicant provide drawings on a small scale that can be distributed to the neighborhood so they will have enough copies to look at. Chairman Wesloski stated that if there are any questions, residents can contact Mr. Kelly. Mr. Kelly stated that he can be reached at 462-2822. July 15,1999 P&Z Meeting Page 9 PUBLIC HEARING - PIPPIN TRACTOR FILE NO. RZ-99-016 Ms. Cyndi Snay presented staff comments. Ms. Snay stated that she was presenting the petition of Pippin Tractor for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District for property located on the east side of Kings Highway, approximately ½ mile north of St. Lucie Boulevard. Ms. Snay stated that the purpose of the rezoning is to construct a retail tractor sales and service facility. Ms. Snay stated that the subject property is located within the MXD-Airport Land Use Designation. According to Policy 1.1.7.4 of the St. Lucie County Comprehensive Plan and the subject area would be appropriate for either Commercial or Industrial development. The proposed change in zoning is compatible with the St. Lucie County Comprehensive Plan and is not expected to create additional demands on service deliveries. Ms. Snay stated that staff has reviewed this petition and determined that it conforms with the standards of review as set forth in the St. Lucie County Land Development Code and is not in conflict with the Goals, Objectives, and Policies of the St. Lucie County Comprehensive Plan. Staff is, therefore, recommending that you forward this petition to the Board of County Commissioners with a recommendation of approval. Chairman Wesloski asked if there were any questions for Ms. Snay. Chairman Wesloski asked if the applicant was present and would like to address the Board. Mr. Joe Capra, with CAPTEC Engineering, 1870 S.E. Port St. Lucie Boulevard, Port St. Lucie, addressed the Board. Mr. Capra stated that they represent Pippin Tractor and he is available to answer any questions the Board might have about the project. Chairman Wesloski asked if there were any questions for Mr. Capra. At this time, Chairman Wesloski opened the public portion of the hearing. Chairman Wesloski asked if there was anyone that would like to speak in favor of or in opposition to this petition. Hearing no further arguments in favor of or in opposition to the petition, Chairman Wesloski closed the public portion of the hearing. Chairman Wesloski asked if there were any questions. Chairman Wesloski asked what would be the pleasure of the Board. After considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in Section 11.06.03, St. Lucie County Land Development Code, Ms. Dreyer moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to Pippin Tractor, the application of for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District because the application meets all of the requirements of the St. Lucie County Comprehensive Plan and the St. Lucie County Land Development Code, and there are no objections. Mr. Grande seconded the motion, and upon roll call the motion was approved 6-0. July 15,1999 P&Z Meeting Page 10 Chairman Wesloski stated that the petition would be forwarded to the Board of County Commissioners with a recommendation of approval. July 15,1999 P&Z Meeting Page 11 PUBLIC HEARING - ANTHONY COSCIA & SONS, L.C. FILE NO. RZ-99-018 Mr. Hank Flores presented staff comments. Mr. Flores stated that he was presenting the petition of Anthony Coscia & Sons, L.C. for a Change in Zoning from the CN (Commercial, Neighborhood) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District for 3.81 acres of property located on the west side of South State Road A-1-A, directly across from the Regency Island Dunes, Phase II. Mr. Flores stated that the applicant is proposing that the subject property will complete the development of the Island Dunes Community with a residential subdivision. Mr. Flores stated that the surrounding zoning to the subject property is HIRD (Hutchinson Island Residential District) to the east. CN (Commercial, Neighborhood) to the south. CG (Commercial, General) to the northwest. Mr. Flores stated that staff has reviewed this petition and determined that it conforms with the standards of review as set forth in the St. Lucie County Land Development Code and is not in conflict with the St. Lucie County Comprehensive Plan. Staff is, therefore, recommending that you forward this petition to the Board of County Commissioners with a recommendation of approval. Chairman Wesloski asked if there were any questions for Mr. Flores. Chairman Wesloski asked if the applicant was present and would like to address the Board. th Mr. Harold Melville, 2940 South 25 Street, Fort Pierce, addressed the Board. Mr. Melville stated that he represents Anthony Coscia & Sons, L.C. As stated by staff, this is a petition to rezone approximately 3.81 acres from CN (Commercial, Neighborhood) to HIRD (Hutchinson Island Residential District). This is the last parcel of the Ocean Dunes complex. To the south of this parcel is the Island Dunes Country Club. Across the street is the Regency Island Dunes, Phase II. Mr. Melville stated that the subject parcel was zoned CN (Commercial, Neighborhood) back in the 1980's with the original concept to have limited commercial in connection with the overall Island Dunes project. He stated that there has not been a market demand for limited commercial in the area, and with low residency in the summer, a small business just could not survive. Mr. Melville stated that the Board was provided in their packets a letter of support from the President of Island Dunes Country Club. As set forth in this letter, the Island Dunes p is comprised of all the residents of the Island Dunes Condominium Associations in Island Dunes. As a result, they feel they are fairly representative of the Community as a whole and they are expressing no objection to this rezoning. Mr. Melville stated that this will unify the area as a strictly residential area with the Country Club as part of the larger residential complex. He stated that HIRD (Hutchinson Island Residential District) is to the north and east, the Country Club is to the south, and this would be consistent with that. Mr. Melville stated that staff is recommending approval, and he urged the Board to recommend approval to the Board of County Commissioners. He stated that he would be happy to answer any questions. Chairman Wesloski asked if there were any questions for Mr. Melville. Mr. Grande asked Mr. Melville if there is a plan for this parcel. July 15,1999 P&Z Meeting Page 12 Mr. Melville stated that they are working on a single-family residential subdivision site plan at this time. Mr. Grande asked Mr. Melville if the RU (Residential Urban) Future Land Use is satisfactory for the plans. Mr. Melville stated yes. Ms. Dreyer asked Mr. Melville how many residential units would be permitted on this parcel. Mr. Melville stated that he believes five per acre, for approximately 15 units. At this time, Chairman Wesloski opened the public portion of the hearing. Chairman Wesloski asked if there was anyone that would like to speak in favor of or in opposition to this petition. Mr. Charles Lippincott, 8605 South Ocean Drive, Jensen Beach, addressed the Board. Mr. Lippincott stated that he owns the property immediately to the north of the subject project. He stated that in general he supports conversion to residential. They do have reservations and worries about density and character of the development, not described here tonight. Mr. Lippincott stated that they do not believe that the river shoreline is long enough to support docks and boat access for more than three homes, not fifteen. They do believe that the tree canopy must be preserved. There is a substantial open area in the middle of the subject parcel which is suitable for development. Along the northern edge of the riverfront there are mangroves. Along the eastern two thirds of the northern boundary line are a fine collection of mature trees. Sabal palms, forty years in age, typically twelve inches in diameter. Ficus trees, including one that is fifty inches in diameter. Wild Coffee. Seagrapes, one multi-trunked version with individual trunks of ten inches, five or six trunks clustered together. Gumbo-Limbo, numerous ranging from sixteen to thirty- five inches in diameter. These must be preserved and we must look to this government to secure that for us. Chairman Wesloski asked Mr. Flores if the applicant will be required to prepare a tree inventory. Mr. Flores stated that the petition before the Board tonight is to determine if HIRD (Hutchinson Island Residential District) is compatible and to determine if the petition meets the standards of review. He stated that the applicant provided a tree survey, the staff Environmental Planner has been on-site, and has looked over the plan in an attempt to avoid the areas where the more significant vegetation exists. Chairman Wesloski stated to Mr. Lippincott that some of his concerns are being addressed. Mr. Lippincott asked Mr. Flores when more information would be available regarding these issues. Mr. Flores stated that staff has not received a formal site plan submittal. Chairman Wesloski stated to Mr. Lippincott that there are rules in place that prevent clean clearing. Mr. Lippincott stated that he just wants to be on record. Mr. Grande asked Mr. Lippincott to clarify that he is not against the residential nature of the project or the project itself, that he would like to see the developer abide by all of the July 15,1999 P&Z Meeting Page 13 preservation, ecological, and environmental rules that would be imposed on him, and that he is not objecting to the development at the stated density. Mr. Lippincott stated that they would not be happy with the density stated tonight. They believe three or four homes are appropriate, fifteen is totally inappropriate. They are happy with moving from commercial to residential. Chairman Wesloski asked if there was anyone that would like to speak in favor of or in opposition to this petition. Chairman Wesloski asked Mr. Melville if he would like to speak again. Mr. Melville stated that this is a very valuable piece of property and the issues raised by Mr. Lippincott are important to the applicant. Keeping the property looking nice is extremely important to having a high sales value and they will continue to work with staff on these issues. He stated that the issue is CN (Commercial, Neighborhood) versus HIRD (Hutchinson Island Residential District), not the site plan of the property. He believes there will be less environmental damage with HIRD (Hutchinson Island Residential District) than you would have with CN (Commercial, Neighborhood). Chairman Wesloski asked if there were any questions. Chairman Wesloski asked if there was anyone that would like to speak in favor of or in opposition to this petition. Hearing no further arguments in favor of or in opposition to the petition, Chairman Wesloski closed the public portion of the hearing. Chairman Wesloski asked what would be the pleasure of the Board After considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in Section 11.06.03, St. Lucie County Land Development Code, Mr. Matthes moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to Anthony Coscia & Sons, L.C., the application of for a Change in Zoning from the CN (Commercial, Neighborhood) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District because it conforms with the standards of review and it also gives a down-zoning to the property which he believes is in the best interest of the Island. Mr. Moore seconded the motion, and upon roll call the motion was approved 6-0. Chairman Wesloski stated that the petition would be forwarded to the Board of County Commissioners with a recommendation of approval. July 15,1999 P&Z Meeting Page 14 PUBLIC HEARING - CROCE GIAMBANCO FILE NO. RZ-99-019 Mr. Hank Flores presented staff comments. Mr. Hank Flores that he was presenting the petition of Croce Giambanco for a Change in Zoning from the CG (Commercial, General) Zoning District to the I (Institutional) Zoning District for property located at 6609 North U.S. Highway No. 1. Mr. Flores stated that the purpose of the rezoning is to establish an Institutional Residential Home. Mr. Flores stated that the surrounding zoning to the subject property is CG (Commercial, General) to the north, south, and east across North U.S. Highway No. 1. AR-1 (Agricultural, Residential - 1 du/acre) to the west across Turnpike Feeder Road. Mr. Flores stated that the proposed home is next to a restaurant also owned by the applicant. The subject property is currently the location of a non-conforming apartment complex. The intent of this rezoning is to allow for the establishment of an Institutional Residential Home for developmentally disabled adults. Mr. Flores stated that staff has reviewed this petition and determined that it conforms with the standards of review as set forth in the St. Lucie County Land Development Code and is not in conflict with the St. Lucie County Comprehensive Plan. Staff is, therefore, recommending that you forward this petition to the Board of County Commissioners with a recommendation of approval. Chairman Wesloski asked if there were any questions for Mr. Flores. Mr. Moore stated that the staff report reflects this is to establish an Institutional Residential Home for developmentally disabled adults. Mr. Moore asked Mr. Flores if this would come under item c as a permitted use in I (Institutional). Mr. Flores stated yes, an Institutional Residential Home which could be a Congregate Care Facility or an Adult Living Facility. Mr. Grande asked Mr. Flores if this potential facility is approved and licensed by HRS (Department of Health and Rehabilitative Services). Mr. Flores stated no because at this time the facility does not meet code requirements. Ms. Dreyer stated that she does not believe HRS will license the facility without confirmation of zoning. Chairman Wesloski asked if the applicant was present and would like to address the Board. th Mr. Croce Giambanco, 797 13 Avenue, Vero Beach, addressed the Board. Mr. property. Many residents, as well as, law enforcement know the reputation of the subject property where he rents apartments on a weekly and monthly basis. Mr. Giambanco stated that his wife and her sisters have worked in assisted living facilities for a number of years and they would like to have their own facility. He stated that he owns the land and provided the Board with a proposed drawing of what the facility will look. He stated that they would like to provide a good facility to the community. Mr. Giambanco provided for the record a letter from Florida Department of Children & Families stating their support. He stated that he believes his facility will benefit the neighborhood, the community, and St. Lucie County. Chairman Wesloski asked if there were any questions for Mr. Giambanco. July 15,1999 P&Z Meeting Page 15 Mr. Moore asked Mr. Giambanco what size building is presently on the property. Mr. Giambanco stated approximately 3,000 square feet. He stated that there are eight apartments, which he recently remodeled to make them liveable. Mr. Moore asked Mr. Giambanco if he plans to have any more than eight apartments or expanding the building. Mr. Giambanco stated no. He stated that there will be less traffic because the residents will not be able to drive, they need assistance. He stated that the area will be secure and that he would like to make this a nice place for the residents. Chairman Wesloski asked if there were any other questions for Mr. Giambanco. Mr. Matthes asked Mr. Giambanco if he is going to convert the existing apartments to this facility. Mr. Giambanco stated yes. Chairman Wesloski asked if there were any further questions for Mr. Giambanco. At this time, Chairman Wesloski opened the public portion of the hearing. Chairman Wesloski asked if there was anyone that would like to speak in favor of or in opposition to this petition. Mr. Bill Hearn, who resides in Indrio, addressed the Board. Mr. Hearn stated that his personal contact with the subject property dates back to 1952 when his parents ran a restaurant and gas station at this location. He stated that Mr. Giambanco has done a wonderful job with the building and business. He takes his hat off to Mr. Giambanco. It is a thing of beauty and the residents are proud of it on North U.S. 1. He stated that he apartments. He is a good businessman, he has a beautiful property, he has taken a run down area and made something the community can be proud of. Chairman Wesloski asked if there was anyone that would like to speak in favor of or in opposition to this petition. Chairman Wesloski asked if there were any further questions for Mr. Giambanco. Hearing no further arguments in favor of or in opposition to the petition, Chairman Wesloski closed the public portion of the hearing. Chairman Wesloski asked what would be the pleasure of the Board. After considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in Section 11.06.03, St. Lucie County Land Development Code, Ms. Dreyer moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to Croce Giambanco, the application of for a Change in Zoning from the CG (Commercial, General) Zoning District to the I (Institutional) Zoning District because it conforms with all of the standards of review and there being no objections to the Zoning District change. Mr. McCurdy seconded the motion. Chairman Wesloski asked if there was any discussion. Upon roll call, the motion was approved, 6-0. Chairman Wesloski stated that the petition would be forwarded to the Board of County Commissioners with a recommendation of approval. July 15,1999 P&Z Meeting Page 16 PUBLIC HEARING - MARLENE HADDEN FILE NO. CU-99-004 Ms. Cyndi Snay presented staff comments. Ms. Snay stated that she was presenting the petition of Marlene Hadden for a Conditional Use Permit to allow a family residential home within 1,000 feet of another family residential home in the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District. Ms. Snay stated that Section 3.01.03(J)(6), RS-4 (Residential, Single-Family - 4 du/acre) of the St. Lucie County Land Development Code allows this type of use as a Conditional Use. Ms. Snay stated that there is one facility located approximately 650 feet from the subject property and two additional facilities located within 1,000 feet. Ms. Snay stated that the character of the area in which the subject property is located is primarily residential in nature. The use being proposed is not expected to create any additional demands on public facilities. The applicant has applied for a license to operate an adult living facility with the State of Florida. Ms. Snay stated that staff finds that this petition meets the standards of review as set forth in Section 11.07.03 of the St. Lucie Land Development Code and is not in conflict with the St. Lucie County Comprehensive Plan. Staff is, therefore, recommending that you forward this petition to the Board of County Commissioners with a recommendation of approval. Chairman Wesloski asked if there were any questions for Ms. Snay. Chairman Wesloski asked if the applicant was present and would like to address the Board. Ms. Marlene Hadden, 204 Essex Drive, Fort Pierce, addressed the Board. Ms. Hadden stated that she would like to have six residents. Chairman Wesloski asked if there were any questions for Ms. Hadden. At this time, Chairman Wesloski opened the public portion of the hearing. Chairman Wesloski asked if there was anyone that would like to speak in favor of or in opposition to this petition. Hearing no further arguments in favor of or in opposition to the petition, Chairman Wesloski closed the public portion of the hearing. Ms. Dreyer asked Ms. Snay to explain the diagram with the houses and numbers provided in the packet. Ms. Snay stated that the numbers depict the number of family residential homes within 1,000 feet. Chairman Wesloski asked what would be the pleasure of the Board. After considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in Section 11.07.03, St. Lucie County Land Development Code, Mr. McCurdy moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners Marlene Hadden, grant approval to the application of for a Conditional Use Permit to allow a family residential home within 1,000 feet of another family residential home in the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District because it conforms with all applicable codes and regulations. July 15,1999 P&Z Meeting Page 17 Mr. Grande seconded the motion. Chairman Wesloski asked if there was any discussion. Upon roll call, the motion was approved, 6-0. Chairman Wesloski stated that the petition would be forwarded to the Board of County Commissioners with a recommendation of approval. July 15,1999 P&Z Meeting Page 18 PUBLIC HEARING - DREIDA MCNAIR FILE NO. CU-99-005 Ms. Cyndi Snay presented staff comments. Ms. Snay stated that she was presenting the petition of Dreida McNair for a Conditional Use Permit to allow a family residential home within 1,000 feet of another family residential home in the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District. Ms. Snay stated that Section 3.01.03(J)(6), RS-4 (Residential, Single-Family - 4 du/acre) of the St. Lucie County Land Development Code allows this type of use as a Conditional Use. Ms. Snay stated that there are two facilities located within 1,000 feet of the subject property. One is located 300 feet and the other is located 829 feet. Ms. Snay stated that the character of the area in which the subject property is located is primarily residential in nature. The use being proposed is not expected to create any additional demands on public facilities. The applicant has applied for a license to operate an adult living facility with the State of Florida. Ms. Snay stated that staff finds that this petition meets the standards of review as set forth in Section 11.07.03 of the St. Lucie Land Development Code and is not in conflict with the St. Lucie County Comprehensive Plan. Staff is, therefore, recommending that you forward this petition to the Board of County Commissioners with a recommendation of approval. Chairman Wesloski asked if there were any questions for Ms. Snay. Chairman Wesloski asked if the applicant was present and would like to address the Board. Ms. Debrrah Laguerre, Laguerre & Laguerre Associates, 2268 SE Longhorn Avenue, Port St. Lucie, addressed the Board. Ms. Laguerre stated that she represents Dreida McNair. She stated that Laguerre & Laguerre Associates, A Human Resource Consulting Group, is working to enhance life styles in the community. Ms. Laguerre stated that she would like to make reference to Chapter 419, Community Residential Homes, 1997 Florida Statutes, Section 419 fewer residents which otherwise meet the definition of a community residential home shall be deemed a single-family unit and a non-commercial, residential use for the purpose of local laws and ordinances. Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be allowed in single-family or multi-family zoning without approval by the local government, provided that such homes shall not be located within a radius of 1,000 feet Ms. Laguerre stated that they are present tonight because Ms. McNair would like to open a home within 1,000 feet of another such home. Ms. Laguerre stated that she is a community advocate and has a problem with unlicensed facilities. She stated that Ms. McNair currently runs an unlicensed facility with two developmental clients. Where would they be without Ms. Nair? She has accommodated them in her home for the last three years. Ms. Laguerre stated that she would like to recommend that this Board forward a recommendation of approval to allow Ms. McNair to do what she does best, serving the developmental disabled. Chairman Wesloski asked if there were any questions for Ms. Laguerre. At this time, Chairman Wesloski opened the public portion of the hearing. July 15,1999 P&Z Meeting Page 19 Chairman Wesloski asked if there was anyone that would like to speak in favor of or in opposition to this petition. Ms. Miriam Warren, 602 SE Thanksgiving Avenue, Port St. Lucie, addressed the Board. Ms. Warren stated that Ms. McNair has an extensive background in caring for the elderly, she makes every effort to help anyone that needs help, she is very energetic, and she takes a sincere approach to providing services or finding a source to provide services that her clientele may need as well as her family. Ms. Warren stated that she concurs with a letter written to Ms. McNair by the State stating their frustration that Ms. McNair has not been licensed to provide services. Ms. Warren stated that Ms. McNair has a sincere interest in helping others and it is her hope that this Board would see fit to grant Ms. McNair the Conditional Use Permit so that she can be licensed with the State. Chairman Wesloski asked if there was anyone else that would like to speak in favor of or in opposition to this petition. Hearing no further arguments in favor of or in opposition to the petition, Chairman Wesloski closed the public portion of the hearing. Chairman Wesloski asked what would be the pleasure of the Board. Mr. Matthes asked Ms. Snay if the petition that was included in the packet is in support of the Family Residential Home. Ms. Snay stated yes. Mr. Matthes asked Ms. Snay if those residents who did not sign the petition were either not contacted or objected. Ms. Snay stated yes. Chairman Wesloski asked if there were any further questions. Chairman Wesloski asked what would be the pleasure of the Board. After considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in Section 11.07.03, St. Lucie County Land Development Code, Mr. Moore moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to Dreida McNair, the application of for a Conditional Use Permit to allow a family residential home within 1,000 feet of another family residential home in the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District. Mr. McCurdy seconded the motion. Chairman Wesloski asked if there was any discussion. Upon roll call, the motion was approved, 6-0. Chairman Wesloski stated that the petition would be forwarded to the Board of County Commissioners with a recommendation of approval. July 15,1999 P&Z Meeting Page 20 PUBLIC HEARING - DRAFT ORDINANCE 99-017 Mr. Hank Flores presented staff comments. Mr. Hank Flores that he was presenting Draft Ordinance 99-017 which proposes to amend the St. Lucie County Land Development Code by amending Section 7.10.16(Q)(1)(a)(1)(c) to provide for the clarification of common use areas to refer to public and private road rights-of-way only. Mr. Flores stated that the proposed amendment was submitted by Jacquelene E. Veach in accordance with the provisions of the St. Lucie Land Development Code. Mr. Flores stated that the petitioner would like to amend the definition of common use areas as used in Section 7.10.16(Q)(1)(a)(1)(c), to clarify that common use areas should refer to public or private rights-of-way only when measuring the setbacks for structures on side yard corners in recreational vehicle parks. Regular lots within RV Parks are considered to be zero lot line lots. The setbacks for these lots are eight (8) feet on the left and zero (0) feet on the right when facing the lot from the roadway. For lots which are adjacent to common use areas that are utilized for pedestrian access, the setback from the pedestrian access is a minimum of five (5) feet, regardless of whether the access is located on the left or the right side of the lot. The petitioner is proposing that the setbacks for all lots be the same for all lots, regardless of whether or not there is a pedestrian access adjacent to that lot. The petitioner believes that the current regulations of the St. Lucie County Land Development Code do not allow owners of lots in the Nettles Island development to fully utilize the space of their lots. Mr. Flores stated that in making any amendments to the text of the St. Lucie County Land Development Code, consideration must be given to the ramifications that the proposed change will have on the entire County and not to just one specific location. While this use may be appropriate for the Nettles Island development, it may not be appropriate for all RV Parks in the County. Mr. Flores stated that a review of the RV Parks on record in St. Lucie County and on South Hutchinson Island in particular indicates that Nettles Island is the only RV Park that has any common use areas between lots. Therefore, the amendment to the St. Lucie County Land Development Code regulations would only directly affect the residents of Nettles Island. Mr. Flores stated that staff has reviewed the request and recommends approval of a change to the text of the St. Lucie County Land Development Code as stated in Ordinance 99-017. Chairman Wesloski asked if there were any questions for Mr. Flores. Mr. Moore asked Mr. Flores what negative ramifications this could have on future RV Parks. Mr. Flores stated that he is not aware of any negative ramifications on future RV Parks. He stated that Holiday Out and Adventure Out do not have pedestrian access between lots. He stated that this provision of the St. Lucie County Land Development Code directly affects only the Nettles Island development. Mr. Moore asked Mr. Flores if he could foresee any negative impacts for future RV Parks. Mr. Flores stated no. Flores if he looked at the rest of the County as well as South Hutchinson Island, in that this is not going to affect anything else. July 15,1999 P&Z Meeting Page 21 Mr. Flores stated yes. Mr. Grande asked Mr. Flores how this concept (Ordinance 96-010) became a part of the St. Lucie County Land Development Code. Mr. Flores stated that he did not know. He stated that residents have requested variances from this particular provision and staff recommend denial because they did not prove a hardship. The only way around this is to amend the St. Lucie County Land Development Code. Mr. Grande asked Mr. Flores if anyone has ever identified a reason why this Ordinance (96-010) was put in place in the first place. Ms. Shewchuk stated that when this Ordinance (96-010) was put into effect, typically in the zoning ordinance and in all Zoning Districts have corner side setbacks for structures that are larger than regular side setbacks for structures. The reason for this is to provide for safety and a side distance in proximity and adjacent to public right-of-ways to roads to provide security for the residents from the vehicles and vice versa. The same situation was put into effect in the RV Parks and this section refers only to the RV Parks where an extra five foot corner side setbacks to separate the structures from the public right-of- way. This was also applied to pedestrian access ways which are in between the lots because they are also referred to as common areas. Ms. Dreyer asked Mr. Flores if this Draft Ordinance would only apply to the setbacks to public and private rights-of-way and exclude other types of common use areas. Mr. Flores stated that the current provisions state that you must maintain five feet on all sides including the pedestrian area. The proposed language allows the same setbacks for all lots regardless of whether you are adjacent to a common use areas or not. Ms. Dreyer asked Mr. Flores if the structure could abut the pedestrian walkway. Mr. Flores stated yes. Ms. Dreyer asked Mr. Flores if this is what the residents want. Mr. Flores stated yes. Chairman Wesloski asked if there were any further questions for Mr. Flores. At this time, Chairman Wesloski opened the public portion of the hearing. Chairman Wesloski asked if there was anyone that would like to speak in favor of or in opposition to this Draft Ordinance. Ms. Zella Brown, unit owner at Nettles Island, addressed the Board. Ms. Brown stated that Nettles Island, Inc. is an entity of its own. She stated that they fall under Corporate Law 617 which is not for profit. She stated that they maintain their roads, they have their own garbage trucks, they are an entity of their own. She stated that their zoning is HIRD (Hutchinson Island Residential District). The County has allowed them to build single- family residences. Ms. Brown stated that she is one of fifty five unit owners who feel they are being penalized for owning three sided lots (which have been referred to as corner lots). They are asking that the County not condemn five feet of their property because they are next to a common use area, they are being taxed and they pay taxes to the County on their survey. She stated that at the time their Board ask for the five foot to be included in the Ordinance (96-010) they thought they would gain three feet, but they cannot build between structures, only to their survey. If they are deprived of five feet, either side, whether it is to the left or to the right, they are cut down five feet on their building space. July 15,1999 P&Z Meeting Page 22 Ms. Brown stated that the wording on page 3 of Draft Ordinance 99-017, paragraph (c), stated that she is very concerned that the clarification of common use areas to refer to public or private road rights-of-way only, is bypassing the five foot they are being penalized for, because their land is near a common area. She stated that if she were to move her 1980 trailer to build a single-family residence, she would be penalized five foot of her property that she is paying taxes on. Ms. Brown stated that Nettles Island is referred to as a Recreational Vehicle Park. They are not. They fall under the County Ordinance of a Recreational Vehicle Park. They are zoned HIRD (Hutchinson Island Residential District). She is not sure how the roads and the right-of-ways were entered into this petition. Mr. Grande asked Ms. Brown if she would agree that Draft Ordinance 99-017 should be passed as presented by staff. -of- that their roads are private and they maintain them. She stated that the roads should not enter into this request for an Ordinance change at all. Chairman Wesloski asked Mr. Flores if the Draft Ordinance is for St. Lucie County and -of- included. Mr. Flores stated yes. Ms. Dreyer asked Ms. Brown if Nettles Island, Inc. has lot lines. Ms. Brown stated yes. Ms. Dreyer stated that the way she reads the last sentence in paragraph (c), side yard corner, is that the setbacks only apply in the absence of recorded lot lines. Ms. Brown stated that all residents have a survey on record. Ms. Dreyer asked Ms. Brown if Nettles Island, Inc. is a platted recorded lot line. Ms. Brown stated yes. Ms. Dreyer stated that Ms. Brown is requesting that the five feet from any common use area be deleted. She stated that she believes that only applies in the absence of recorded lot lines under this particular section of the St. Lucie County Land Development Code, so it would not affect Nettles Island, Inc. Ms. Brown stated that it does affect Nettles Island, Inc. Mr. Kelly stated that paragraph (c) in Draft Ordinance 99-017 speaks to side yard corner lots. He stated that a corner lot is a lot that abuts a street. He believes we need to maintain distance from streets whether they are public or private, if there is vehicular use. The side corner section that has been referred to is intended to deal with streets. The objection is that it still maintains a five foot separation from common use areas. He stated that staff has re-defined common use areas in the note to specifically state they are public and private roads. Common use areas are not pedestrian walkways. would apply to an RV Park that does not have lots. It may just have pads and is typically a rental park. In those cases, you need to maintain a minimum of eight feet unobstructed between adjacent units and you need to still be five feet from common use areas. Common use areas have been re-defined to be public and private roads and rights-of-way, they are not pedestrian. He does not see the conflict. July 15,1999 P&Z Meeting Page 23 Ms. Brown stated that they are having building permits turned down. Mr. Kelly stated that you will until this Draft Ordinance 99-017 is passed. Ms. Brown stated that they have one hundred and forty-one feet of waterfront area that does not have a walkway and Mr. Veach has lost three sales because of this clause. Mr. Kelly stated that staff tried to write Draft Ordinance 99-017 in very simple terms. If you have a lot line that is adjacent to anything other than a public or private right-of-way, then the rules are you can go zero feet or five feet depending on which side of the lot you are on. If you are adjacent to a public or private right-of-way (vehicular traffic) then you need to maintain the five feet. Ms. Dreyer asked Mr. Kelly if it would be possible to grant a variance to Nettles Island, Inc. as a whole and not amend the St. Lucie County Land Development Code. Mr. Kelly stated that the variance procedure is intended to look at individual circumstances. He stated that Nettles Island, Inc. may not be able to meet all of the tests for a variance, i.e., hardship, uniqueness and the other issues that go with variances. Mr. Grande asked Mr. Kelly if the specific language that Ms. Brown is concerned with does not apply to Nettles Island, Inc. because their lots are platted. Mr. Kelly stated that is correct. It does not apply to Nettles Island, Inc. It would not apply to other parks similarly situated where there are pedestrian rights-of-way. Mr. Grande asked Mr. Kelly if leaving the language as presented by staff will have no affect whatsoever on Nettles Island, Inc. because their lots are platted. Mr. Kelly stated yes. Chairman Wesloski stated that she believes there is still some confusion regarding common areas. Mr. Kelly stated that the Note reads rights-of- pedestrian access shall not be lots that are adjacent to roadways. shall not refer to pedestrian rights-of- Mr. Kelly stated that canals are considered common use areas. He would not want to place a structure up against a canal right-of-way in other RV Parks. Mr. Bill Deiters, President of the Board of Directors at Nettles Island, addressed the Board. Mr. Deiters stated that they would like the deletion of the present rule that states the owner to the right of a sidewalk must give up five feet of their property. on spaces next to bath houses that are next to a zero lot line side of a lot. He stated that if staff includes common use areas as roadways and parking spaces we cheat those residents okay. As soon as you infringe upon common use areas you are going to hurt the residents next to the parking lot. Chairman Wesloski asked if there were any questions. July 15,1999 P&Z Meeting Page 24 Chairman Wesloski asked if there was anyone else that would like to speak in favor of or in opposition to this Draft Ordinance. Mr. Mark Boston, Chairman for the Nettles Island Political Action, 579 Nettles Boulevard, Jensen Beach, addressed the Board. Mr. Boston stated that he has five letters from residents who are away or were not able to attend tonight. Mr. Veach and the Nettles Island Builder were also not available tonight. Mr. Boston stated that all the residents want is their five foot back on the sidewalk easements, so they can build their homes. He stated that there have been many homes built and double-wides put in over the years on the five foot. Last year this was stopped and many residents sold their lots. Many residents are waiting for this five foot piece of property next to the sidewalk easement to be dropped so they can build on the zero lot lines. Chairman Wesloski asked Mr. Boston if he would like to submit the five letters for the record. Mr. Boston stated yes. Ms. Young stated that she had an opportunity to speak with staff regarding the language in Draft Ordinance 99-017. Staff proposes the sentence in paragraph (c), side yard -of- roadwa should also be made in the Note. t has a street in front, and a sidewalk on the side. If you own a lot of this type rather than being a (c) side yard corner, you would be a (b) side yard, and because the lots in Nettles Island are recorded, you would have the eight feet unobstructed on the left side and zero on the right side, the same as your neighbors. Ms. Young stated that she believes these changes address the concerns of the residents here tonight. Changing the language from rights-of-way which could be considered as a canal, to roadways. The reason behind this was safety from vehicular traffic, then you allow someone on a canal to have the eight and zero foot consideration. Ms. Pat Miller, resident of Nettles Island and Condominium Manager, Jensen Beach, addressed the Board. Ms. Miller stated that five feet may not sound like a lot, but these lots are thirty five feet wide, sixty five feet deep. If you take five feet away, you are talking a considerable amount of square footage when your building a home. With the new language that is being proposed, everyone will have equal use of their land, regardless of whether you are located next to the sidewalk. The residents who have a sidewalk, even with a zero lot line, end up with more than eight feet between their neighbor and their home. Ms. Miller stated that the current language states those RV lots that have not been platted. That should have excluded Nettles Island from the entire five foot issue. It very clearly stated unless there are no lot lines established, then the rule is put into play. As a result of the interpretation there are residents in this room who spent five hundred dollars in an attempt to obtain a variance and were denied. She does not believe the variance should have been required in the first place. The interpretation would indicate that Nettles Island should not have fallen under that particular paragraph. Chairman Wesloski asked if there was anyone else that would like to speak in favor of or in opposition to this Draft Ordinance. Hearing no further arguments in favor of or in opposition to the petition, Chairman Wesloski closed the public portion of the hearing. Chairman Wesloski asked if there were any questions or discussion. July 15,1999 P&Z Meeting Page 25 Mr. Grande asked Mr. Deiters if the language proposed by Ms. Young would specifically meet his concerns. Mr. Deiters stated yes. Chairman Wesloski asked what would be the pleasure of the Board. After considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in Section 11.06.03, St. Lucie County Land Development Code, Mr. Grande moved that the Planning and Zoning Commission Draft Ordinance 99-017, forward a recommendation of approval of as amended by Ms. unty Commissioners because it meets all of the objectives of the residents and does not contradict anything that exists currently in the County. Mr. McCurdy seconded the motion. Chairman Wesloski asked if there was any discussion. Upon roll call, the motion was approved, 6-0. Chairman Wesloski stated that Draft Ordinance 99-017 would be forwarded to the Board of County Commissioners with a recommendation of approval with the changes that were made in the motion. OTHER BUSINESS: Chairman Wesloski asked if there was any other business. Chairman Wesloski stated that the next meeting is scheduled for July 29, 1999 at 7:00 p.m. Chairman Wesloski stated that she will not be able to attend this meeting. Mr. Matthes stated that for the record he will not be able to attend this meeting. th Chairman Wesloski stated that the July 29 meeting could possibly be the last Comprehensive Plan meeting she would like to thank staff and the Study Group. Chairman Wesloski stated that the Board spent a lot of time on the Comprehensive Plan. We all have personal issues that we felt strongly about and perhaps some of us will go on to the County Commission with those issues. When we go to the County Commission we should take them as personal issues. We should allow the minutes of this Board to stand on their own merit and allow the County Commission to view those minutes as a group, as this Board voted. There being no further business, the meeting adjourned at 9:02 p.m. July 15,1999 P&Z Meeting Page 26