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HomeMy WebLinkAboutMinutes 09-20-2001 St. Lucie County Planning and Zoning Commission Meeting Minutes REGULAR MEETING September 20, 2001 rd Commission Chambers, 3 Floor, Roger Poitras Annex 7:00 p.m. MEMBERS PRESENT: Mr. Hearn, Mr. Jones, Mr. Grande, Mr. Lounds, Mr. McCurdy, Mr. Matthes Chairman. MEMBERS ABSENT: Mr. Trias (excused), Mr. Merritt (excused), Mr. Akins (excused) OTHERS PRESENT: Mr. Dennis Murphy, Interim Community Development Director; Mr. David Kelly, Planning Manager; Mr. Hank Flores, Planner III; Ms. Heather Young, Asst. Co. Attorney; Ms. Dawn Wismer, Administrative Secretary. P & Z Meeting September 20, 2001 Page 1 CALL TO ORDER Chairman Matthes called to order the meeting of the St. Lucie County Planning and Zoning Commission meeting at 7:00 p.m. Chairman Matthes requested a moment of silence in honor of and out of respect for all our fellow countrymen who were severely and unjustly impacted by the events of September 11, 2001. PLEDGE OF ALLEGIANCE ROLL CALL ANNOUNCEMENTS Chairman Matthes confirmed that Mr. Merritt and Mr. Trias would not be attending the meeting and have excused absences. Ms. Wismer advised that Mr. Akins did call earlier in the day to advise he would not be able to attend after all and his absence was excused too. For those of you who have not been here before, The Planning and Zoning Commission is an agency that makes recommendations to the Board of County Commissioners. The Staff will present a brief summary of the project and then make their recommendation. After which time, the Petitioner will be asked to come forward and state his/her case for the requested petition. At any time the Commission may stop and ask questions of the Petitioner or Staff. After that process is completed the Chairman will open the public hearing for anyone who wishes to speak for or against the petition. The purpose behind this hearing is to get input from the general public. If anyone has something to say, please feel free to come forward and state it. After everyone has gotten a chance to speak the Chairman will then close the public hearing. The Commission will deliberate and then make a decision regarding their recommendation, one way or the other. The decision that is made is typically read from a scripted set of statements that are given to the Commission. It may sound rehearsed but it really is not. There is one motion for and one motion against in the package, so that the Commission can make a motion either one way or the other so it is very clear in the records. Once again, I want to remind you that the Planning and Zoning Commission only acts in an advisory capacity for the Board of County Commissioners. If you are not happy with the outcome of this hearing you will have the opportunity to speak at the public hearing in front of the Board of County Commissioners. No other announcements or comments. P & Z Meeting September 20, 2001 Page 2 AGENDA ITEM 1: August 16, 2001 MINUTES Mr. Grande made a motion for approval. Motion seconded by Mr. McCurdy. Upon a roll call vote, the motion passed with a vote of 5-1 with Mr. Lounds voting against. P & Z Meeting September 20, 2001 Page 3 AGENDA ITEM 2: WILFREDO AND OLGA GONZALEZ, FILE NO. RZ-01-019 Staff Planner, Hank Flores advised that neither the Petitioner nor any representative of the Petitioner were present at 7:05 p.m. and requested to move the petition to the end of the agenda. Chairman Matthes made an announcement that petitioners should be present when the petition is being heard. He further stated that the item would be moved to the end of agenda. The Commission unanimously agreed. Agenda Item # 3,4 & 5 were heard next. Agenda Item # 2 was heard last, beginning at 7:35 p.m. The minutes of that hearing are presented here for consistency with the published agenda. Staff Planner, Hank Flores stated Agenda Item # 2 was the petition of Wilfredo and Olga Gonzalez for a Change in Zoning from the RS-2 (Residential, Single-Family 2 du/acre) Zoning District to the AG-1 (Agricultural 1 du/acre) Zoning District for 4.18 acres of property located on the west side of South Jenkins Road approximately 700 feet north of Tedder Road. The surrounding zoning is RS-2 to the northwest, south and west and AR-1, RM-11 and RM-5 to the east and AG-1 to the north. The general existing use surrounding the property is residential with some agricultural. Mr. and Mrs. Gonzalez have requested the Change in Zoning in order to establish a farm and other agricultural uses on the property. The property is located within the Urban Service Boundary and the Comprehensive Plan discourages agricultural zoning in this area, however, several other properties in the area have had a Change in Zoning approved in recent years to the AG- overall existing development pattern of the area. However, they are not entirely consistent with the Comprehensive Plan designations for the future of the area. Staff believes that the AR-1 (Agricultural, Residential 1 du/acre) Zoning District is a more compatible designation for the subject property. Both AG-1 and AR-1 Zoning Districts allow for a broad range of agricultural uses. AR-1 allows those uses only as an accessory to a single-family home. The applicant had stated to Staff previously that he does intend to live on the property. Staff feels that a small farm or ranch in the midst of a residential area may not be compatible with the area especially if left unattended. Staff reviewed the petition and determined it conforms to the Standards and Review as set forth in the St. Lucie County Land Development Code and is not directly in conflict with the Comprehensive Plan. Staff recommended that the petition be forwarded to the Board of County Commissioners with a recommendation for denial of the AG-1 Zoning District and instead recommend that the property be rezoned to the AR-1 Zoning District. Chairman Matthes asked Mr. Flores if this has been discussed and explained in detail with the petitioner. Chairman Matthes questioned if it was ever discussed with the petitioner prior to tonight. Mr. Kelly advised that the petitioner was given a copy of the staff report, however they did not seem to be aware of it prior to this evening. Mr. Kelly continued that he did discuss it thoroughly with the petitioner and he is in complete agreement. Mr. Grande complemented the staff on the changed recommendation and stated he felt this was an excellent application. Mr. Juan Pineda, brother-in-law of Mr. Gonzalez advised that he would be speaking on behalf of the petitioner as a translator. He advised that the petitioner fully agrees with the Staff recommendation to change the zoning to AR-1 instead of AG-1. Mr. McCurdy questioned what the property would be used for if the rezoning were granted. Mr. Pineda P & Z Meeting September 20, 2001 Page 4 advised that he would like to build a small house with possibly some goats. Mr. Lounds asked the petitioner again if he fully understood that the zoning would not be changed to AG-1 and would instead be AR-1. Mr. Pineda advised that he does understand that if approved, it will be rezoned to the AR-1 Zoning District and fully agrees with it. Mr. McCurdy asked Mr. Kelly if goats would be a permitted use. Mr. Kelly advised that goats or any other animals under the AR-1 Zoning are an accessory use. He continued that they are allowed there only if the single-family home is there first and that is why the distinction between the AG-1 and the AR-1 Zoning Districts. Staff believes that since this is a residential area a home should be there therefore making the animal farm attended. Chairman Matthes opened the Public Hearing. A neighbor, Para stated that his wife Ms. Tivani is the owner of the property near Mr. Gonzalez and stated ook nice. He advised that the change in zoning would make the property much more presentable. Chairman Matthes closed the Public Hearing. Mr. Lounds stated that after considering the testimony presented during the Public Hearing, including staff comments, and the Standards 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 deny the application of Wilfredo and Olga Gonzalez, for a Change in Zoning from the RS-2 (Residential, Single-Family 2 du/acre) Zoning District to the AG-1 (Agricultural 1 du/acre) Zoning District and grant approval for a Change in Zoning from the RS-2 (Residential, Single-Family 2 du/acre) Zoning District to the AR-1 (Agricultural, Residential 1 du/acre) Zoning District because it is more consistent with the land use and it puts a dwelling on the property for stewardship of the animals. Motion seconded by Mr. Grande. Upon a roll call vote the motion passed unanimously (with a vote of 6-0) and forwarded to the Board of County Commissioners with a recommendation for approval. P & Z Meeting September 20, 2001 Page 5 AGENDA ITEM 3: FRANK AND JETTI FERRER, FILE NO. RZ-01-020 Staff Planner, Hank Flores advised that Agenda Item #3 was the petition of Frank and Jetti Ferrer for a Change in Zoning from the RS-2 (Residential, Single-Family 2 du/acre) Zoning District to the AR-1 (Agricultural, Residential 1 du/acre) Zoning District for their 8.36 acres of property located at the northeast corner of the intersection of Interstate 95 and Graham Road. Mr. Flores stated the zoning to the north, east and west were RS-2 also with AG-1 zoning to the south and northeast. The general use surrounding the property is residential with some agricultural. The petitioner requested the change in zoning in order to establish a single-family home with agricultural uses as an accessory. Staff reviewed the petition and determined it conforms to the Standards and Review as set forth in the St. Lucie County Land Development Code and is not in conflict with the Comprehensive Plan. Staff recommended that the petition be forwarded to the Board of County Commissioners with a recommendation for approval. The petitioner, Mr. Frank Ferrer stated that he had the property for quite some time and with I-95, Graham Road overpass and the canal surrounding the property, as well as a narrow access road has made selling the property difficult. He had the property listed through a broker and had no calls. He also stated that several people who looked at the property suggested it would be good for only one (1) home with several horses. That would not be possible under the current zoning. He continued that building two (2) homes per acre on the property, in his opinion, would not be possible. Mr. Ferrer then stated that there is a hill on the south side of the property that has a steep incline due to the Graham Road overpass and also accumulates heavy water. He also advised that he was not comfortable cutting down trees on this property because he wants the green belt. He further stated that the main concern has been the noise from the traffic on Interstate 95 and the lack of access to the property from the road. Mr. Ferrer advised that since the access road is currently only 30-feet wide, a home could not be built (per the Zoning Department) unless the road was widened to 60-feet. Chairman Matthes questioned if a second dwelling unit could be constructed under the new zoning? Mr. Flores advised that guest houses subject to the requirements of section 7.10.04 are allowed in the AR-1 Zoning District, but not a separate dwelling unit owned by a different owner. Chairman Matthes confirmed that with the current road frontage a subdivision would not possible. Mr. Kelly confirmed that. Chairman Matthes opened the Public Hearing. Seeing no one, Chairman Matthes closed the Public Hearing. Mr. Lounds asked if one (1) dwelling could be put on the property with the right-of-way only being 30- feet? Mr. Kelly confirmed that was allowed. 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 11.06.03, 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 Frank and Jetti Ferrer, for a Change in Zoning from the RS-2 (Residential, Single- Family 2 du/acre) Zoning District to the AR-1 (Agricultural, Residential 1 du/acre) Zoning District because it is a more appropriate zoning for the property. P & Z Meeting September 20, 2001 Page 6 Motion seconded by Mr. Hearn. Upon a roll call vote the motion passed unanimously (with a vote of 6-0) and forwarded to the Board of County Commissioners with a recommendation for approval. P & Z Meeting September 20, 2001 Page 7 AGENDA ITEM 4: GASTON POULIN, FILE NO. RZ-01-021 Staff Planner, Hank Flores stated that Agenda Item #4 is the petition of Gaston Poulin for a Change in Zoning from the RM-5 (Residential, Multiple-Family 5 du/acre) Zoning District to the AR-1 (Agricultural, Residential 1 du/acre) Zoning District for 28.48 acres of property located at 7001 SE Silver Oak Drive. Surrounding zoning is AR-1 to the east and southwest and RM-5 south and west with I (Institutional) to the north. The general existing uses surrounding the property agricultural and residential. There are several conforming and non-conforming horse farms in the area as well. The applicant requested the change in zoning in order to develop a single-family home with a horse stable as a conditional use. The subject property is in an area of non-conforming horse ranches. If the requested change in zoning is approved, Mr. Poulin would also seek a Conditional Use Permit to allow a horse stable in the AR-1 Zoning District. Staff reviewed the petition and determined it conforms to the Standards and Review as set forth in the St. Lucie County Land Development Code and is not in conflict with the Comprehensive Plan. Staff recommended that the petition be forwarded to the Board of County Commissioners with a recommendation for approval. Mr. Charles Ray, of the firm Messer & Ray, stated he was the attorney for Mr. Poulin. He advised that the property that Mr. Poulin owns is just south of the Savannas Preserve State Park and gave a copy of a newspaper article regarding the Preserve and an aerial photograph to the Commission for review. He and they use the that have horse stables as well and those are the reasons Mr. Poulin would like a Change in Zoning. Mr. McCurdy asked Mr. Po present time. Mr. Ray stated there are approximately 27 horses and two stables already existing on the property. Mr. McCurdy stated that this is not a permitted use in the current zoning. Chairman Matthes reconfirmed that was the reason for the request for a Change in Zoning. Mr. Ray confirmed that was correct. Chairman Matthes opened the Public Hearing. Mr. James R. Johnson stated that he and his partner own horses and have been boarding them on Mr. stables there are very attractive and good for the neighborhood. He further stated that, in his opinion, Mr. Poulin has consistently maintained his property to the highest level and completely agrees with the change in zoning request. Mr. James Anderson advised that property. He stated that the agricultural zoning would be more in tune with the nature of the area that Mr. ic utilities. He continued that under the current zoning, anyone who would build a home would have to raise it about three (3) to four (4) feet because during the rainy season the water table rises to approximately six (6) inches from the surface of the ground. He advised that there are several other stables in the area and he feels this would be a good change for the area. Chairman Matthes closed the Public Hearing. P & Z Meeting September 20, 2001 Page 8 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 Gaston Poulin, for a Change in Zoning from the RM-5 (Residential, Multiple-Family 5 du/acre) Zoning District to the AR-1 (Agricultural, Residential 1 du/acre) Zoning District because it is consistent with what Mr. Poulin wants to do and what it had been used for. Motion seconded by Mr. Grande. Upon a roll call vote the motion passed unanimously (with a vote of 6-0) and forwarded to the Board of County Commissioners with a recommendation for approval. P & Z Meeting September 20, 2001 Page 9 AGENDA ITEM 5: GASTON POULIN, FILE NO. CU-01-008 Staff Planner, Hank Flores advised that Agenda Item #5 was the petition of Gaston Poulin for a Conditional Use Permit to allow a horse stable in the AR-1 (Agricultural, Residential 1 du/acre) Zoning District. This petition was in conjunction with Agenda Item #4. Horse stables are allowed as a Conditional Use in the AR-1 Zoning District subject to the approval of the Board of County Commissioners. Staff reviewed the petition and determined it conforms to the Standards and Review as set forth in the St. Lucie County Land Development Code and is not in conflict with the Comprehensive Plan. Staff recommended that the petition be forwarded to the Board of County Commissioners with a recommendation for approval. Chairman Matthes opened the Public Hearing. like to remain there. He continued that he likes the area and how it gives them access to riding in the Savannas Preserve. Mr. Carino also advised that he believe there is a commercial riding facility with respectfully requested that they forward a recommendation for approval to the Board of County Commissioners for this petition. approximately two and a half (2 ½) years and there are not many good boarding stables or areas to ride for residents of Port St. Lucie in the area. She stated that the area is nice and supports the agriculture and wildlife and is in a convenient location being so close to the Savannas. She further stated that she felt to deny this petition would diminish the area and would be a tremendous loss. Chairman Matthes closed the Public Hearing. Mr. Hearn 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, 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 Gaston Poulin for a Conditional Use Permit to allow a horse stable in the AR-1 (Agricultural, Residential 1 du/acre) Zoning District because it is a good use for the area adjacent to the Savannas. Motion seconded by Mr. Grande. Upon a roll call vote the motion passed unanimously (with a vote of 6-0) and forwarded to the Board of County Commissioners with a recommendation for approval. P & Z Meeting September 20, 2001 Page 10 Prior to adjournment, the Commission had several questions of Staff. operty was. Mr. Murphy explained the old Indian River County road on the small corner of a southwest property is an access avenue. Mr. Murphy explained that road is a 15-foot wide public right-of-way with the exception of the drainage easement and stops at Canal No. 36. He continued that as far as the legal descriptions show, Bennett continues after it. Mr. McCurdy asked if the road frontage and access to the property was about 30-feet. Mr. Kelly explained that Graham Road overpass for Interstate 95 allows access along the side of the overpass. Mr. McCurdy stated that he felt this size access restricts the potential for development of those parcels since 60-feet is required and could not be obtained due to the overpass. Mr. Kelly advised that there is also a retention pond at the entrance of the property, which restricts access as well. No further business. Mr. Lounds, Mr. McCurdy and Mr. Jones each stated they would be out of town on October 18, 2001 and Chairman Matthes stated he had a conflict with a petition. Mr. Lounds questioned the policy on absences and asked if an attendance report could be produced. Mr. Kelly advised he was concerned over what - tend would be considered unexcused. Chairman Matthes questioned what procedure is followed regarding this issue with the Board of County Commissioners. Mr. Kelly advised he believed it was the same as our policy. Mr. Lounds voiced his concern regarding the consideration of members who do not attend on a regular basis. Due to a potential lack of quorum, the meeting was changed to October 25, 2001. The Commission unanimously agreed. Thursday October 25, 2001 Next scheduled meeting will be changed from Thursday October 18 to . ADJOURNMENT Motion to adjourn made by Mr. Lounds and seconded by Mr. McCurdy. Meeting was adjourned at 8:00 p.m. Respectfully submitted: Approved by: _____________________________ _______________________________ Dawn Wismer, Secretary Steffan Matthes, Chairman P & Z Meeting September 20, 2001 Page 11