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HomeMy WebLinkAboutMinutes 06-21-2001 St. Lucie County Planning and Zoning Commission Meeting Minutes REGULAR MEETING June 21, 2001 Room 101, Civic Center at 7:00 p.m. MEMBERS PRESENT: Mr. Lounds, Mr. Grande, Mr. Akins, Mr. Jones, Mr. Merritt, Mr. Hearn, Mr. Matthes, Chairman. MEMBERS ABSENT: Mr. Trias Mr. McCurdy, (both excused) OTHERS PRESENT: Mr. Dennis Murphy, Interim Community Development Director; Mr. Hank Flores, Planner III; Ms. Cyndi Snay, Planner II; Ms. Heather Young, Asst. Co. Attorney; Sheree Bell, Interim Administrative Secretary. June 21, 2001P & Z MeetingPage 1 CALL TO ORDER Chairman Matthes called to order the meeting of the St. Lucie County Planning and Zoning Commission at 7:00 pm. PLEDGE OF ALLEGIANCE Chairman Matthes led the Pledge of Allegiance. ROLL CALL ANNOUNCEMENTS Mr. Lounds requested that a clock be placed in the room on the wall. Chairman Matthes gave a brief presentation on what you can expect to transpire tonight. For those of you who have not been here before, we are an agency that makes recommendations to the County Board of Commissioners and that is the capacity we act in. What we will do tonight is that we will be presented on each petition with a brief summary of the project by staff after which time the petitioner will come up and make his case for the requested petition and change. At any time this Board will stop and ask questions of the petitioners or staff. After that process is completed we will open the public hearing for people who wish to speak for or against the petition. The purpose behind this hearing is to get the general public input. Please, if you have something to say, come forward and say it. After everyone has gotten a chance to speak for or against the petition we will close the public hearing, staff will make a final recommendation to this Board, we will deliberate and we will make a decision on our recommendation, one way or another. The decision that is made is typically read from a scripted set of statements that are given to us. It may sound rehearsed but it really is not. There is one for and one against given to us in the package, so we may make the motion either one way or the other so it is very clear in the records. Once again, I want to remind you that this Board only acts in an advisory capacity to the Board of County Commissioners, after deliberation, a recommendation of either denial or approval would be forwarded to the Board of County Commissioners. If members of the public or the petitioners are not happy with the outcome of the hearing they always have the opportunity to speak at the Public Hearing in front of the Board of County Commissioners. Chairman Matthes asked what the proper procedure to follow was regarding the code ordinance discussed at the last meeting, since it was not on the agenda. Mrs. Snay replied that they were still revising it, so the best thing to do would be to open and close the public hearing because they would have to re-advertise it. June 21, 2001P & Z MeetingPage 2 AGENDA ITEM 1: MEETING MINUTES May 17, 2001 correction to the minutes of the May 17, 2001, Mr. Grande made a motion for approval, and Mr. Lounds seconded it. Mr. Merritt arrived 7:05 pm at the meeting. Upon a roll call vote, the motion passed unanimously (with a vote of 7-0). Motion made by Mr. Grande to open the Public Hearing for the continuation of ordinance 01-06. Chairman Matthes opened the Public Hearing. Chairman Matthes closed the PublicHearing for the code ordinance and stated that it will be re- advertised to a date certain. June 21, 2001P & Z MeetingPage 3 AGENDA ITEM 2: FILE NO. RZ-01-008 Terrance and Victoria Mills- Mr. Flores stated that Agenda Item #2 is the application for a Change in Zoning from a RMH-5 (Residential, Mobile Home 5du/acre) Zoning District to a RS-4 (Residential, Single-Family 4du/acre) Zoning District for the property located at 4995 Deanna Road. Surrounding zoning is RMH-5 (Residential, Mobile Home 5du/acre) to north, south, east and west. The general existing use surrounding the property is residential to the north, east and west with the St. Lucie County Airport located further to the east. The petition is to request a Change in Zoning in order to build a conventionally constructed single-family home to replace a single mobile home. County staff has reviewed the proposed 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 goals, objectives and policies of the St. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval. Chairman Matthes asked if there were (2) two mobile homes on the property. Mr. Flores replied that there was only one mobile home and a garage. Chairman Matthes asked if the petitioner was present. Victoria Mills, the petitioner said that she would like to build a cement block home, it would be more economical than buying another mobile home. Chairman Matthes asked if the garage was cement block and if it will come down. Ms. Mills answered that the garage was woodframe and it will stay. Chairman Matthes asked if there were any questions of the petitioner from the Board. Hearing none, opened the Public Hearing Chairman Matthes . Ms. Becky Miller, 5264 Margaret Ann Lane, was in opposition of replacing a trailer with a home. She suggested that Ms. Mills should build her house somewhere else. Ellen Revero of 5167 Margaret Ann Lane indicated that the whole community was a mobile home e taxes and what it would mean for the owners zoning who want to stay in a mobile home residential area. expertise in that. But because this request was for a change in zoning for those two parcels of land and looks at zoning on a case-by-case basis. Chairman Matthes explained to Ms. Revero that the rezoning woul Ms. Jean Grenan, who has lived approximately 16 years in the Green Acres subdivision, opened up by saying that she was in favor of Ms. Mills being allowed to put a house on her property. She asked if they upgrade, would it have to remain a single-family home? June 21, 2001P & Z MeetingPage 4 Mr. Flores confirmed Ch Chairman Matthes closed the Public Hearing. Mr. Flores answered that they were compatible for this area because they were going from a mobile home, which is a residential use to a single family, which is still residential use. Chairman Matthes stated that anytime somebody would do something that would increase the value of his of the surrounding area. Mr. Lounds stated that 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, 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 Terrance and Victoria Mills for a Change in Zoning from RMH-5 to RS-4. He explained that he felt it was an improvement to the area that could help the value of the properties and he thought it was a good move. Motion seconded by Mr. Grande. 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. June 21, 2001P & Z MeetingPage 5 AGENDA ITEM 3: FILE NO. RZ-01-011 Pelican Pointe East Land Trust Mr. Flores stated that Agenda Item #3 is the application for a Change in Zoning from a PUD (Planned Unit Development) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District. The subject property located on the east side of State Road A-1-A, southeast of the South Hutchinson Island Wastewater Treatment Facility and directly south of the Ocean Bay Recreation parcel. Surrounding zoning is HIRD to the south and the west; Institutional to the immediate north with Utilities to the Northwest. The general existing use surrounding the property is vacant. The water treatment and reclamation facility are located northwest of the subject property on the west side of State Road A-1-A. County staff has reviewed the proposed 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 goals, objectives and policies of the St. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval. Mr. Grande indicated that, the drawings he had in his packet are somewhat different because they show the entire PUD on the east side, he questioned if the southern part of the property goes ocean to river. Mr. Flores stated that the subject of the petition tonight was only the northern piece, 7 acres; the part under the PUD was not in the petition. nit was part of the same parcel. Mr. Flores answered no. Mr. Grande asked if the piece to the south of the subject property would still be PUD? Mr. Flores answered yes. Mr. Hearn asked the staff if the PUD for the parcel that is requesting the rezoning has expired and if the petitioner wanted a new PUD, could he get it? Mr. Flores answered yes, but he would still have to go through the rezoning process. Mr. Lounds asked if the PUD for the parcel south has also expired? Mr. Flores said yes that the PUD has expired for both parcels but they are under different ownership and the owner of the subject property is seeking HIRD zoning. Chairman Matthes asked if the applicant was present. Peter Van Rens of Kimley Horn and Associates introduced himself as a representative for the petitioner. Mr. Van Rens stated that HIRD Zoning is consistent with the area and most satisfies their needs. Mr. Grande asked if the applicant had any feeling at this point as to the number of units he could put on the site because he believed the land use is five per acre. Mr. Van Rens stated the land use in the area is nine per acre. Mr. Grande asked if it would be up to sixty units. Mr. Van Rens answered that sixty would be right but they were looking to build large units. June 21, 2001P & Z MeetingPage 6 Mr. Grande asked if it would exceed 7 or 8 units. Mr. Grande informed Mr. Van Rens that the number of units is neither negative nor positive from the review. He wanted to satisfy himself that the applicant understood the HIRD zoning and the expenses involved with the alternative development fees. He continued, while asking the staff or the attorney to correct him, that the applicant would have to pay $13,600 per unit in alternative development fees for each additional unit if he exceeded 7 units. To finish Mr. Grande suggested that he get a copy of the HIRD from the staff to make sure that whom ever is looking to develop understands the constraints. Chairman Matthes opened the Public Hearing. Chairman Matthes closed the Public Hearing hearing no comments in favor or against this petition. 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 Pelican Pointe East Land Trust for a Change in Zoning from the PUD Zoning District to the HIRD Zoning District. He explained that he felt that it was a change in the right direction for residential property on South Hutchinson Island. Motion seconded by Mr. Grande.  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. îéõøëùôêúèêêôîï Mr. Grande indicated that on the second page of the utility service it says that water and sewer will be provided by St. Lucie County utilities. St. Lucie provides only sewer for this area. June 21, 2001P & Z MeetingPage 7 AGENDA ITEM 4: FILE NO. CU-01-002 MBTB, INC Ms. Snay stated that Agenda Item # 4 is a petition from MBTB, INC for a Conditional Use Permit to allow the construction of a 3,500 square foot convenience store, with accessory gasoline sales, to be known as Hess/Midway and Selvitz Roads. This facility will be located at the northwest corner of the intersection of west Midway Road and Selvitz Road. Section 3.01.03(Q)(7) Commercial, Neighborhood Zoning District allows establishments with the primary use of a convenience store to sell gasoline as a Conditional Use. The proposed site is surrounded on the north by AR-1 (Agricultural, Residential 1du/acre) Zoning, to the east and west by CN (Commercial, Neighborhood) and Port St. Lucie RS-2 (Residential, Single-Family 2du/acre) to the south. As far as the site planning process, the developer has been required to dedicate 20 feet of right-of-way adjacent to Midway Road and then 10 feet of right-of-way adjacent to Selvitz Road. The staff recommends that this Board forward the petition to the Board of County Commissioners with a recommendation of approval. Mr. Hearn stated that according to the zoning sheet the only zoning in this area other than the CN (Commercial, Neighborhood) is the I (Institutional) just to the west and the rest is residential. Mr. Hearn asked how long has the property been Commercial, Neighborhood? Mr. Murphy and Ms. Snay replied, since at least 1990. Mr. Hearn wondered if the Conditional Use for gasoline sales as accessory to a food store has come about the last couple years. The staff responded that he was correct. Chairman Matthes asked if the applicant was present. Mr. Boggs of Thomas Lucido and Associates introduced Mr. Brink. He stated that they would be entertaining any questions about landscaping and their development review process. He stated that he was here a few months ago about another gas station. Just as with the other one, they have done their best to save trees on this one as well. Mr. Lounds asked the staff if there is not a ruling stating that between residential and commercial there should be a barrier. The staff confirmed that there was such a requirement. Mr. Hearn declared that he was having some problem with the issue not because it is not a good plan. He believed it could work on this location, however, he requested that the staff read out loud the verbiage that is in the Commercial, Neighborhood into the record. suitable for limited retail trade and service activities covering a relatively small area and that is intended to serve the population living in surroundi June 21, 2001P & Z MeetingPage 8 Mr. Hearn indicated that it was a big stretch to say that this facility will only service the surrounding neighborhoods. He said that if he owned a property to the south where all the subdivided lots cross west Midway Road, he would like to see some more protection from the impact of this development on that particular area. He believed that the property to the north and west are being protected because a lot of that land is undeveloped there His major concern was a 24-hour operation, with a car wash, that will impact the residential use of that neighborhood across the street. He acknowledged that it is a Conditional Use not Commercial, General so they can tell the developer what they have to have to develop there. He raised the point that a gasoline station and car wash can have a pretty serious impact on residential use. different reasons; he explained that he was having a tough time looking at the plan as a convenience store that has gas pumps. He viewed it as a gas station that happens to have a small convenience function in order to make it legal. He would rather judge this application as a gas station than as a convenience store. As a gas sta having a tough time going to the Board of County Commissioners and saying we are presenting you a convenience store that happens to have accessory gas pumps next to it. Chairman Matthes asked Ms. Snay if the mobile station across the street was a Conditional Use. She answered negatively; and stated that was approved under a previous zoning terminology that allowed it as a permitted use. Mr. Merritt stated his concern about the limited amount of commercial on west Midway Road, from the river west and there were already 3 existing gas stations probably within a mile. He disagreed that this would be the highest best use for the corner. Mr. Boggs stated the primary use was a convenience store. Mr. Grande said that he would feel a lot better about this application if it were a zoning change to a Commercial, General property that would allow a gas station, as a permitted use. Mr. Merritt replied he was still against the gas station. Mr. Hearn addressed Mr. Brink and asked if this operation would be a similar type operation to the gas station at the corner of U.S. #1 and State Road A-1-A going to North Beach that opened up in the last year and a half. Mr. Brink replied yes. Mr. Brink informed them that the one across the street that they were talking about was a corporate store. This store will be an individual operator. Mr. Hearn asked Mr. Brink if his store would be a 24-hour operation. June 21, 2001P & Z MeetingPage 9 Mr. Brink answered that he was not 100% sure at this point whether we will go 24-hour or not. Mr. Hearn stated that would definitely influence his vote with the residential property across the street and nearby. He asked Mr. Brink if he would be willing to do more buffering along west Midway Road. Mr. Brink answered yes, but they still need some visibility. Mr. Hearn said he was trying to cut down on the light exposure to the residents and the noise factor. Mr. Boggs added, on the other side, there is a canal that has a pretty good stand of upland vegetation on the south that buffers the back of the single-family lot and on the south side of Midway they could also provide a buffering for the lights. Mr. Hearn asked him if it that was on publicly owned property. Mr. Boggs replied that he believed that it was. Mr. Lounds mentioned to Mr. Hearn that there is a drainage ditch that puts a lot of distance between the subject property and the residential homes. Mr. Lounds asked Mr. Boggs how far the centerline of Midway Road was to the residential property on the other side of this Regal Circle to the backside of the subject property. Mr. Boggs and Ms. Snay stated it was approximately 120 feet. Mr. Lounds stated when traveling Selvitz Road, it is hard to see that intersection because of the curve on Midway Rd. and with the vegetation growth combined with the distance of the drainage ditch makes a good buffer. Mr. Lounds had more concern for the noise from Midway Road than the Mobil or Hess stations. Mr. Brink pointed out that the canopy would be above the pumps on the side of the station not on the front of the station. So the lighting would be on the back off the road. Mr. Jones asked if the Mobil station is a 24-hour operation, to which Ms. Snay responded that it is not but could be if they choose to. Chairman Matthes opened the Public Hearing. Diane Sides from 4911 Selvitz Rd. introduced herself and stated that she lives behind the subject 6-acre property and was concerned with future development with that area. She opposes the station because their home is situated to hear all the noise. Chairman Matthes asked if the area between the property and her home was a wooded area. Ms. Sides answered that it is. Chairman Matthes stated that certain buffer criteria have to be met for any future commercial development on that parcel. Chairman Matthes affirmed there is going to be a County Commissioners meeting and they always have the final decision. There were no further public comments. Chairman Matthes closed the Public Hearing. June 21, 2001P & Z MeetingPage 10 Discussion Mr. Lounds stated with things changing it will make it a concern for people in Regal, Rugby and the rest of the area. He said the noise on Midway Road would be even more a concern if he were living along there than it would be of the businesses north of Midway Road. With future growth, something is going to take up that space. He believed that this company has a good reputation for not only maintaining the integrity of their property but also maintaining a fresh atmosphere. He also stated that the landscaping that had been presented to the Board was above and better than what is at the Mobil station on the other corner. Mr. Lounds supports the station. Mr. Grande stated that he could not support the petition at this time because commercial is commercial and he believes this is not a Commercial, Neighborhood which serves the entire neighborhood, as opposed to commercial supported by the County as a whole. He would like to see this come back as a zoning change to Commercial Property classification that will support a gas station on its own or use it for a higher and better commercial use that support the surrounding community. the community and this might be one of the strong reasons why many people are reluctant to investment. For that reason he was not going to be able to support this, reluctantly, because he thought it is a good plan but the in with the surrounding neighborhood. Mr. Akins asked the staff if there were any specific reasons why the petition was presented as Commercial, Neighborhood as opposed to Commercial, General. Ms. Snay explained that the zoning is Commercial, Neighborhood and it does allow for convenient stores with gasoline pumps without the Conditional Use. Commercial, General Zoning would require an amendment to the Comprehensive Plan. Mr. Lounds indicated that the area south of that intersection is going to expand and build despite what is on Midway Road. Mr. Merritt reiterated that he had the same opinion as Mr. Hearn and Mr. Grande. There is very little commercial zoning between the river and the turnpike and that probably a higher and better use. Chairman Matthes stated he realizes that Midway Road will become one of the major intersections in the County. The area is surrounded to the south by very a large residential area the appropriate zoning as a Conditional Use but the same situation exists across the street. He about the approach, going with a Conditional Use to a Commercial, Neighborhood but precedent was set across the street. June 21, 2001P & Z MeetingPage 11 Mr. Grande asked for clarification of the Mobil station zoning. Ms. Snay responded that the approval was granted as a permitted use for the Mobil station before the code change. Chairman Matthes explained the code change was done so that the Board could take a closer look at the use of gas stations and that was the purpose and intent behind making it a Conditional Use. He continued to say that the site plan is good. In his opinion the corner has plenty of potential but right now it will fit into that location. Whether or not it should be under a Conditional Use to Commercial, Neighborhood or whether it should come in as a Commercial, General and whether or not a zoning change will even stand the test is another question. Seeing no further discussions Chairman Matthes asked for a motion. Mr. Jones stated that 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, he hereby moves that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of MBTB, INC for a Conditional Use Permit to allow the construction of a 3,500 square foot convenience store with 9 gasoline pumps and an automatic car wash known as Hess Station in the Commercial, Neighborhood Zoning District because he feels it is an appropriate use of the property and its adjacent to a similar use and believe the future widening of Midway Road and other things that are going to happen in this area are going to be a bigger impact in this neighborhood than this store. Motion seconded by Mr. Lounds. Upon a roll call vote the motion passed with a vote of 4-3 for recommendation to forward to the County Commissioners for approval. îéõøëûèêôïøêê Mr. Merritt proposed that because of this issue, "two gas stations on one intersection", the Board take a look at Palm Beach County code where they restrict at major intersection one gas station. He believed it is a good plan they had and as fast as the county is growing he hates to see a gas station on every corner. He believed there should be more control over it. The Chairman asked Ms. Snay if the staff could get a copy of the Palm Beach County code. Mr. Lounds stated that Mr. Grande brought some interesting points the difference between commercial, Commercial, Neighborhood and realizes there is a need to understand a little bit more the differences between the zoning levels. June 21, 2001P & Z MeetingPage 12 Next scheduled meeting is July 19, 2001. Mr. Merritt mentioned that Dennis Murphy was currently Interim Community Development Director. ADJOURNMENT Mr. Lounds made a motion to adjourn and seconded by Mr. Merritt. Meeting was adjourned at 8:45 p.m. _____________________________________ ___ ________________________________ RECORDING SECRETARY REVIEWED BY June 21, 2001P & Z MeetingPage 13