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HomeMy WebLinkAboutMinutes 07-26-2001 St. Lucie County Planning and Zoning Commission Meeting Minutes REGULAR MEETING July 26, 2001 Board of County Commissioners Chambers, 7:00 p.m. MEMBERS PRESENT: Mr. Lounds, Mr. Hearn, Mr. Trias, Mr. Jones, Mr. Akins, Mr. McCurdy, Vice-Chairman. MEMBERS ABSENT: Mr. Merritt, Mr. Grande, Mr. Matthes, Chairman (each excused) OTHERS PRESENT: Mr. David Kelly, Planning Manager; Mr. Hank Flores, Planner III; Ms. Cyndi Snay, Planner II; Ms. Heather Young, Asst. Co. Attorney; Sheree Bell, Senior Accounting Clerk, Mr. Ed Beck. July 26, 2001P & Z MeetingPage 1 CALL TO ORDER Chairman McCurdy called to order the meeting of the St. Lucie County Planning and Zoning Commission meeting at 7:00 pm. PLEDGE OF ALLEGIANCE Chairman McCurdy led the Pledge of Allegiance. ROLL CALL ANNOUNCEMENTS Chairman McCurdy 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 that 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 to 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 we only act in an advisory capacity to the Board of County Commissioners and if you are not happy with the outcome of the hearing you always have the opportunity to speak at the public hearing in front of the Board of County Commissioners on the petition in front of us that will be forwarded to them with a recommendation of either denial or approval. Mr. Kelly made an announcement regarding the errors on the ad & apologized to the Board and the public for any inconvenience. Chairman McCurdy and the Board accepted the apology. No other announcements or comments. July 26, 2001P & Z MeetingPage 2 AGENDA ITEM 1: June 21, 2001 MINUTES Mr. Kelly advised that they were not available for review due to difficulties and would be available at the July 26, 2001P & Z MeetingPage 3 AGENDA ITEM 2: New Horizons of the Treasure Coast - File No. CU-01-004 Staff Planner, Hank Flores stated that Agenda Item 2 was the Petition of New Horizons of the Treasure Coast for a Major Adjustment to an Existing Conditional Use Permit to allow mental health facilities (medical and other health services) in the I (Institutional) Zoning District for 9.06 acres of property located at 4500 West Midway Road. Staff finds that this petition meets the standards of review as set forth in the Land Development Code and is not in conflict with the Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation for approval. No special conditions have been recommended. Chairman McCurdy asked the Board if there were any questions for staff. Hearing none, Chairman McCurdy then asked if the petitioner was present. Margie Silberman, CEO for New Horizons of the Treasure Coast stated that they were requesting a Major Adjustment to an Existing Conditional Use Permit, as stated previously by Mr. Flores, so that they may make renovations to an existing house on the property. This house will be utilized as offices for their staff. Chairman McCurdy asked if there were any questions for the petitioner from the Board. The Board responded in the negative. Chairman McCurdy opened the Public Hearing. Cindy Cooper, a nearby resident, stated that a New Horizons staff member told her that the home was going to be used as part of the mental facility. Chairman McCurdy requested that the applicant clarify the use of the property. Ms. Silberman reiterated that New Horizons plans to use the home for their office staff only. Mr. Lounds asked Mr. Kelly if they did decide to use the home as part of their mental facility, did they have to submit a new application? Mr. Kelly confirmed that they would have to submit a new petition for a Major Adjustment to an Existing Conditional Use Permit. Mr. Flores also confirmed this information. Mr. Lounds reconfirmed what he had understood from Mr. Kelly and Mr. Flores. Chairman McCurdy then asked again if there was anyone else present who wished to address the Board regarding this matter? Chairman McCurdy closed the Public Hearing. Hearing none, Chairman McCurdy returned to the Board and asked if there were questions for staff or the applicant. Seeing none, he requested a motion. Mr. Jones 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 New Horizons of the Treasure Coast for a Major Adjustment to an Existing Conditional Use Permit to allow mental health services in the I (Institutional) Zoning District because the use was consistent with the existing facility operations. Motion seconded by Mr. Akins. Upon a roll call vote the motion passed unanimously (with a vote of 6-0) for recommendation to forward to the County Commissioners for approval. July 26, 2001P & Z MeetingPage 4 AGENDA ITEM 3: Bingo Emporium - File No. CU-01-003 Mr. Kelly asked that since there was no representative for the petitioner at the hearing, could we move Agenda Item 3 to last to allow them time to appear? Chairman McCurdy asked the Board & they unanimously agreed. NOTE: Agenda item # 4 Century 21 PNRD, was heard during this time. The minutes have been adjusted for clarity. At 8:00 p.m. Chairman McCurdy reopened the Public Hearing for this petition. Staff Planner, Hank Flores stated that Agenda Item 3 was the petition for a Conditional Use Permit to allow a Bingo Establishment in the CG (Commercial, General) Zoning District for the property located at 8441 South U.S. Highway No. 1. The applicant, Bingo Emporium, has applied for the requested conditional use in order to establish a non- profit bingo parlor with approximately 9,000 square feet of playing area. Bingo establishments are allowed as a conditional use in this zoning district upon approval of the Board of County Commissioners. On January 18, 2000, the Board of County Commissioners, through Resolution 00-004, approved a conditional use permit for St. Francis of Assisi Catholic Foundation and Entertainment South, Inc. - a Non-Profit Corporation to operate a bingo establishment in the same location. No bingo operation was ever established and the conditional use permit has expired. In order to reactivate the bingo establishment, a new conditional use permit must be approved. Staff finds that this petition meets the standards of review as set forth in the Land Development Code and is not in conflict with the Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval, with the following condition: The Board of County Commissioners shall reserve the right to review the conditional use permit on a semi-annual basis to ensure that the proposed project will not have an undue, adverse effect on traffic conditions and parking for the entire shopping center. If the Board of County Commissioners determines that parking required for Bingo Emporium is creating capacity problems for the shopping center, the Board may impose restrictions on the hours of operation. Chairman McCurdy asked if the Board had any questions for the staff. Hearing none, Chairman McCurdy then asked for comments from the petitioner or their representative. Neither was present at this time. Mr. Kelly suggested that even though the petitioner was not present, since this is a renewal of a previously approved (but not used) Conditional Use, that the Board considers its approval. Chairman McCurdy asked the Board if this was acceptable and they unanimously agreed. Chairman McCurdy opened the Public Hearing. No responses. Chairman McCurdy closed the Public Hearing. Mr. Hearn stated that after considering the testimony presented during the Public Hearing, including staff comments, and the standards as set forth in Section 11.06.03, St Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Bingo Emporium for a Conditional Use Permit to allow a bingo establishment in the CG (Commercial, General) Zoning District, with the stipulated conditions regarding traffic and parking. Motion seconded by Mr. Jones. July 26, 2001P & Z MeetingPage 5 Upon a roll call vote the motion passed unanimously (with a vote of 6-0) for recommendation to forward to the County Commissioners for approval. July 26, 2001P & Z MeetingPage 6 AGENDA ITEM 4: Century 21 PNRD File No. RZ-01-012 Staff Planner, Cyndi Snay stated Agenda Item 4 is the petition of Century 21 Real Estate for a change in zoning from the HIRD (Hutchinson Island Residential District) Zoning District to the PNRD (Planned Non-Residential District) Zoning District for .27 acres of land located on the west side of North A-1-A, immediately south of the North Hutchinson Island Waste Water Treatment Facility. The subject property is surrounded to the north with Utilities zoning and to the south, east and west with HIRD (Hutchinson Island Residential District) zoning. The existing uses are to the north North Hutchinson Island Waste Water Treatment Facility, further north Pepper Park; to the northeast is the Sea Palms Condominium, further to the northeast is the SEAL Museum and the eastern portion of Pepper Park, directly east are two vacant lots, approximately 61 feet in width, to the southeast is the Tiara Tower Condominium and to the south and west is vacant land. Further to the South is the entrance to the Sands Condominium, then a strip center, apartments and then Cumberland Farms commercial center. The applicant is proposing to construct a real estate office that will be 1,792 square feet in size and have a maximum height of 16 feet. Staff has reviewed this petition and found it to satisfy the St. Lucie County Land Development Code and the St. Lucie County Comprehensive Plan. Therefore, staff is recommending that this petition be forwarded to the Board of County Commissioners with a recommendation of approval, subject to two conditions: 1. The subject property be permitted a reduction in the number of required parking spaces from nine to six. 2. The approval granted is conditioned for the construction and operation of a real estate office only, any other use will be required to modify the Planned Non-Residential Development and be granted approval to operate in this location. Chairman McCurdy asked for comments from the petitioner or their representative. Ed Beck introduced himself as a representative for Larry & Diana Stewart of Century 21. Mr. Beck stated that he agreed with the staff recommendation. He further stated that due to the location of the North Hutchinson Island Waste Water Treatment Facility and sewage ponds the proposed location was not suitable for a residential home. He went on to explain that a review of the area uses include: a commercial center approximately ½ mile south, then apartments and at the corner of Sea Way Drive and A-1-A, approximately 2 miles from the site is a gas station and another small strip center. In his opinion, the proposed petition is not considered a spot zoning. The applicant, Century 21, has plans to construct a building that will resemble a low-rise house with a garage and will be used for office space only. Century 21 is currently located in the strip mall approximately ½ mile south of the proposed location. The current lease will expire within 2 years. Therefore, the proposed building will be constructed before the end of the current lease. He then stated he would be happy to answer any questions and asked for the Planning & Zoning Chairman McCurdy asked for questions of the staff. Mr. Akins had questions regarding the lease of property. Mr. Beck responded he would not like the date of the expiration of the lease to be public record. Chairman McCurdy asked if there were any other questions from the Board. July 26, 2001P & Z MeetingPage 7 Chairman McCurdy opened the Public Hearing. Hearing none, Mr. Walter Simmonsstated that he resides at 3150 North A-1-A in Unit # 1002N, which he maintains is directly across from the subject property. Mrs. Simmons presented a letter to be placed in the official record. Mr. Simmons had questions regarding the HIRD and PUD discrepancies on the areas west and south of the subject property. Ms. Snay clarified HIRD boundaries & pointed out that this problem was Mr. Simmons went on to state he felt that the proposed project did not meet the compatibility and neighborhood character test. Mr. Trias asked Mr. Simmons what he felt the neighborhood character was and how the proposed property would change the quality of their living on the island? Mr. Simmons stated that was the responsibility of the applicant to determine the character of the neighborhood. He was unable to establish what the current character of the neighborhood is. Mr. Simmons also stated that he feels that if the zoning is changed it will set a precedent in the area. Mr. Lounds & Mr. Hearn had comments regarding the landscaping around the property. Mr. Lounds then clarified the conditions set. Mrs. Sandi Simmons (wife of Walter Simmons) stated that she just wanted to reiterate what her husband had said and to let the Board know that she too was against the petition. Mr. Richard Sunderman of 3150 North A-1-A, Unit # 903 stated he was opposed to this petition. Mr. Akins asked him what he would rather see on the sit Bauer of Sea Palms also stated that he was opposed to this petition. Mr. Lounds asked both of them how long they had lived on the Island. Ms. Shirley Burlingham, President of the North Hutchinson Island Home Owners Association, stated that she would much rather see this 16-foot tall office building than a 9-story condominium. This would still allow them to enjoy their beautiful view. Her only concern was the sign being illuminated 24 hours a day. She did question the possibility of petitioning for a universal code regarding signs on the Island. Chairman McCurdy closed the Public Hearing. side of the property. Ed Beck stated that they would be willing to consider it. 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 Century 21 PNRD for Preliminary Planned Non-Residential Development and a Change in Zoning from the HIRD (Hutchinson Island Residential District) to the PNRD (Planned Non-Residential Development Century 21) Zoning District to allow a real estate office, subject to the conditions that the number of required parking spaces be reduced from nine to six, that the operation be a real estate office only and that landscaping be provided along the north property line. Any other use would require a modification to the PNRD and be granted approval. Motion seconded by Mr. Hearn. Upona roll call vote the motion passed unanimously (with a vote of 6-0) and forwarded to the County Commissioners for approval. July 26, 2001P & Z MeetingPage 8 No further business. Next scheduled meeting will August 16, 2001. ADJOURNMENT Motion to adjourn made by Mr. Lounds and seconded by Mr. McCurdy. Meeting was adjourned at 8:07 p.m. . July 26, 2001P & Z MeetingPage 9