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HomeMy WebLinkAboutMinutes 04-18-2002 St. Lucie County Planning and Zoning Commission Meeting Minutes REGULAR MEETING April 18, 2002 Commission Chambers, 3rd Floor, Roger Poitras Annex 7:00 p.m. MEMBERS PRESENT: Mr. Grande, Mr. Lounds, Mr. Trias, Mr. Jones, Mr. Akins, Mr. Merritt, Mr. Hearn, Mr. Matthes. MEMBERS ABSENT: Mr. McCurdy (Absent - With Notice) OTHERS PRESENT: Mr. Dennis Murphy, Community Development Director; Mr. David Kelly, Planning Manager; Mr. Hank Flores, Planner III; Ms. Heather Young, Asst. Co. Attorney; Ms. Dawn Gilmore, Administrative Secretary. P & Z Meeting April 18, 2002 Page 1 CALL TO ORDER Chairman Matthes called to order the meeting of the St. Lucie County Planning and Zoning Commission at 7:00 p.m. PLEDGE OF ALLEGIANCE ROLL CALL ANNOUNCEMENTS Chairman Matthes advised that on Agenda Item # 2, File No. RZ-02-003, he had a conflict of interest and therefore would recuse himself from that item. Since the appointed Vice-Chairman was not present he asked the Commission to appoint someone to act as the Vice-Chairman for the evening. Mr. Lounds made a motion for Mr. Merritt to perform that position. Mr. Grande seconded. Mr. Merritt stated that he had a conflict of interest with Agenda Item # 4, John Arie and therefore would recuse himself from that item. Chairman Matthes advised he did not have a conflict with that item, so that would not pose a problem. Upon a vote the motion was approved unanimously. Mr. Kelly stated that the applicant for Agenda Items # 2 & # 3 (Lin Indrio, Inc.) is present to request a continuance to the next Planning and Zoning Meeting. He continued that Agenda Items # 6 & # 7 (T&T Land, Ltd.) had a problem with the sign so they cannot be heard this evening and will be heard next month as well. He also stated that a copy of a letter from the applicant for Agenda Item # 8 (Gulfstream Natural Gas System, LLC.) has been given to each Commission member requesting they too be continued to the next meeting on May 16, 2002. meeting. 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 April 18, 2002 Page 2 AGENDA ITEM 1: March 21, 2002 MEETING MINUTES: Mr. Jones moved for approval. Motion seconded by Mr. Akins. Upon a vote, the motion passed unanimously (with a vote of 8-0). P & Z Meeting April 18, 2002 Page 3 AGENDA ITEM 2: ORDINANCE NO. 02-002 Future Land Use Change: Mr. Kelly explained Agenda Items # 2 & 3 were presented to the Commission at the January 17, 2002 Planning and Zoning Meeting and were continued until this meeting to allow for further review by the petitioners and Staff. He continued that the petitioner has requested that both Agenda Items be continued once again to the May 16, 2002 Planning and Zoning meeting. Staff recommended that Agenda Items # 2 & 3 both be continued until May 16th at 7:00 p.m. or as soon thereafter as possible. He explained that each hearing would need to be reopened and continued individually. Chairman Matthes opened the Public Hearing. Seeing no one, Chairman Matthes closed the Public Hearing. Mr. Merritt stated that this Ordinance should be continued to the May 16, 2002 Planning and Zoning Commission Meeting. Motion seconded by Mr. Lounds. Upon a vote the motion passed unanimously (with a vote of 8-0) to continue this Ordinance until May 16, 2002. P & Z Meeting April 18, 2002 Page 4 AGENDA ITEM 3: ORDINANCE 02-003 Extension of the Urban Service Boundary: Mr. Kelly explained Agenda Items # 2 & 3 were presented to the Commission at the January 17, 2002 Planning and Zoning Meeting and were continued until this meeting to allow for further review by the petitioners and Staff. He continued that the petitioner has requested that both Agenda Items be continued once again to the May 16, 2002 Planning and Zoning meeting. Staff recommended that Agenda Items # 2 & 3 both be continued until May 16th at 7:00 p.m. or as soon thereafter as possible. He explained that each hearing would need to be reopened and continued individually. Chairman Matthes opened the Public Hearing. Seeing no one, Chairman Matthes closed the Public Hearing. Mr. Grande stated that this Ordinance should be continued to the May 16, 2002 Planning and Zoning Commission Meeting. Motion seconded by Mr. Akins. Upon a vote the motion passed unanimously (with a vote of 8-0) to continue this Ordinance until May 16, 2002. P & Z Meeting April 18, 2002 Page 5 AGENDA ITEM 4: JOHN ARIE - FILE NO. RZ-02-005: Hank Flores, presenting Staff comments, stated that Agenda Item # 4 was the application ofJohn Ariefor a Change in Zoning from the AR-1 (Agricultural, Residential 1 du/acre) Zoning District to the RS-2 (Residential, Single-Family 2 du/acre) Zoning District for 14.81 acres of property located on the west side of Oleander Avenue, approximately 200 feet north of Elyse Circle. The stated purpose for the rezoning is to develop the property into 16 single-family lots. The surrounding zoning is RS-4 (Residential, Single-Family - 4 du/acre) to the south and southeast. AR-1 (Agricultural, Residential 1du/care) is located to the north and I (Institutional) is located to the west. OSC (Open Space Conservation) is also to the west and within the city limits of Port St. Lucie. 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. Mr. Harold Melville stated he represented the petitioner. He stated that the parcel is 15 acres and site is vacant except for an abandoned home. He also stated that the east portion of the property is in the RU (Residential, Urban) Land Use area, which allows up to five dwelling units per acre. He stated that the westerly portion of the property is in the RS (Residential, Suburban) Land Use area and that allows up to two dwelling units per acre. He continued that based on the acreage of RU and RS Land Use and it is about six and a half acres of RU with approximately eight and a half acres of RS. The total units allowed based on land uses are about fifty. He also stated that the applicant is requesting a zoning change from AR-1 to RS-2, which is compatible with both the RU and RS land uses for the purpose of developing a sixteen-unit subdivision. He continued that the properties to the south and southeast are zoned RS-4 and the assisted living facility across the street is zoned Institutional. He also stated that further north along Oleander is zoned RS-2 to the northeast and also AR-1 to the north. He stated that he felt the requested change was consistent with the patterns of the area and also consistent with quality residential subdivisions. He also stated that a site-plan application had been filed with the County which illustrated a sixteen lot subdivision with fifteen one-half acre lots and one larger lot which will be approximately one and a half acres, for a total of sixteen lots. Mr. Akins asked Mr. Melville what size the lots are in the RS-4 zoned area to the south of the proposed property. Mr. Melville stated that those lots are generally smaller and most of them have fifty or seventy-five foot fronts. He continued that some of the lots have been combined and have large houses on them but most of them are approximately half-acre lots. Mr. Grande stated that generally Port St. Lucie Utilities requires either an annexation agreement or charge a premium for the water and he questioned which option the developer has chosen. Mr. Eric Zeiss, an engineer with Culpepper and Terpening, stated that Port St. Lucie Utilities does not require annexation but they charge an additional 25% on their monthly rate. Mr. Grande stated that he was under the impression it was a choice of either becoming annexed or paying the fee. Mr. Zeiss stated that Port St. Lucie does not give the developer the option to be annexed and only charge the fee. Mr. Hearn questioned if each of the home sites will be required to hook-up for sewage service. Mr. Melville stated that is correct and there will be no septic tanks. Chairman Merritt opened the Public Hearing. P & Z Meeting April 18, 2002 Page 6 Mr. Herbert Beach stated he lives on Saeger Avenue, which is north of the project. He continued -4 but that the owner, Mr. Lloyd Taylor, never sold any lots in that development unless they purchased two or more together. He stated that he felt the proposed project is compatible with the surrounding developments and he asked for approval. He also stated that the Mr. Zeiss was correct that Port St. Lucie does not ask for or require annexation. He continued that all of the exi not have to do the same. Mr. John Ferrick stated that he resides on the river and has seen it flood and was concerned with the flood hazard area on this parcel. He continued that he would not like to see a flood hazard area developed and then have their properties flooded. times the flooding has risen to his property level. He continued that it has not happened in the two years that he has been living there so he does not know first hand. He also stated that he is not opposed to the development but did have a few questions about the project. He asked Mr. Melville if he could review the proposed plan for the development. Mr. Kelly stated that he wanted everyone to be aware that this is a hearing on the rezoning issue and that the site plan they are reviewing is not binding in any way. Mr. Trias questioned if the applicant has filed the site-plan with the County. Mr. Kelly stated that there is a site-plan in the office that is currently being reviewed but has not been finalized since they are waiting for a decision on the rezoning. Mr. Ross stated that he does not have any reason to object to this project as he sees it. Chairman have city water and a septic tank system and some also have artesian wells for their sprinkler systems and items like that. Mr. Ross asked if there were any considerations where the new developments artesian well might be. Chairman Merritt closed the Public Hearing. Mr. Hearn asked Staff in they He continued that the back of the property does get lower along the river and there is a flood plain and/or floodway area. He also stated that the drawings they have seen tend to keep most of the development out of that area and his impression is that the developer has done a good job keeping out of that flood prone area. Mr. Zeiss showed a drawing, which illustrated where the flood area is in regards to the development. He also stated that only a portion of two lots have any land within the floodway. Mr. Melville stated that he believed there was a lift station across the street that would accommodate the sewer. Mr. Zeiss stated the lift station was constructed about three or four years ago in front of the convalescent center and they have a manhole across Oleander that they propose to tie into. Mr. Akins questioned if the lift station was County or City. Mr. Melville stated he believed it was Port St. Lucie City Utilities. Mr. Grande 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 P & Z Meeting April 18, 2002 Page 7 Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of John Arie, for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the RS-2 (Residential, Single- Family 2 du/acre) Zoning District because it is consistent with the surrounding community and provides for orderly development. Motion seconded by Mr. Hearn. Upon a roll call vote the motion passed unanimously (with a vote of 7-0) and forwarded to the Board of County Commissioners with a recommendation of approval. P & Z Meeting April 18, 2002 Page 8 AGENDA ITEM 5: INDRIO VENTURES, LLC - FILE NO. RZ-02-006: Hank Flores, presenting Staff comments, stated that Agenda Item # 5 was the application of Indrio Ventures, LLCfor a Change in Zoning from the AG-1 (Agricultural 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District for 3.06 acres of property located at the Northeast corner of the intersection of Indrio Road and Koblegard Road. The stated purpose for the rezoning is to develop the property into a retail store with gas pumps as an accessory use. The surrounding zoning is AG-1 (Agricultural 1 du/care) to the north, south, east, and west as well. Staff notes that the parcel size of 3 acres is larger than needed for a convenience store with gas pumps. Approval of this petition would provide for approximately 2 acres of additional commercial general zoning. 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. Mr. Grande asked Staff if there has been any plan submitted with regards to the convenience store. Mr. Kelly stated nothing has been submitted as of yet. Mr. Lounds questioned why section H under the AG-nvenience store instead of changing to Commercial. Mr. Kelly stated that those are conditional uses under the zoning and not permitted uses so either way they would be before the Commission for a hearing. Chairman Matthes questioned if the petitioner was present. Mr. Joe Friscia stated that he was the agent for the applicant and he would be happy to answer any questions. Chairman Matthes opened the Public Hearing. Chairman Matthes stated that there was a letter submitted by Mr. Saul Klinow in regards to the petition. Mr. Klinow came up and stated he was President of the Winton Farms Corporation and that his property is directly adjacent to the subject property. He also stated that they have no objection to the zoning change but wanted to point out that Koblegard Road is a thirty-foot wide dirt road which is located to the west of the section line. He continued that he understood that the width requirement of an improved County road is sixty-feet. He stated that he believed it was normal practice to center such a road where they run between property lines on or along a section line. Therefore, he requested that the County take into account the extra thirty-feet should come off of the east side of the section line. Chairman Matthes stated that this is a rezoning hearing but that his comments could be taken under advisement by the staff. Mr. Kelly stated that they have reviewed that information and in the future it may become a larger than sixty-foot right-of-way with connections into Indian River County. He continued that if it is larger than sixty-feet it may require some right-of-way off of both sides of the road but that is a future discussion. Chairman Matthes closed the Public Hearing. Mr. Hearn asked Staff why gas pumps are considered an accessory use in the CG (Commercial, General) Zoning District because he believed they were a permitted use. Mr. Kelly stated that gasoline stations are permitted uses but when the convenience store is added, the gas pumps become an accessory use because the food sale is considered the primary use. P & Z Meeting April 18, 2002 Page 9 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 Indrio Ventures, LLC, for a Change in Zoning from the AG-1 (Agricultural 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District because it meets with the Future Land Use, no one had any objections, and I believe it would be an appropriate property use. Motion seconded by Mr. Hearn. Upon a roll call vote the motion passed with a vote of 6-1 (with Mr. Lounds voting against) and forwarded to the Board of County Commissioners with a recommendation of approval. P & Z Meeting April 18, 2002 Page 10 AGENDA ITEM 6: T&T LAND LTD. - FILE NO. PA-02-003: Chairman Matthes stated that Agenda Items # 6 & # 7 would not be heard this evening and no action would be taken. P & Z Meeting April 18, 2002 Page 11 AGENDA ITEM 7: T&T LAND, LTD. - FILE NO. RZ-02-007: Chairman Matthes stated that Agenda Items # 6 & # 7 would not be heard this evening and no action would be taken. P & Z Meeting April 18, 2002 Page 12 AGENDA ITEM 8: GULFSTREAM NATURAL GAS SYSTEM - FILE NO. CU-02-002: Chairman Matthes stated that the petitioner has requested a continuation until the May 16, 2002 Planning and Zoning Meeting. Chairman Matthes opened the Public Hearing. Seeing no one, Chairman Matthes closed the Public Hearing. Mr. Akins stated that this petition should be continued to the May 16, 2002 Planning and Zoning Commission Meeting. Motion seconded by Mr. Grande. Mr. Merritt asked why the applicant was not notified in plenty of time to have representation for the meeting. Mr. Kelly stated that Staff believes they did receive adequate notice. Upon a vote the motion passed unanimously (with a vote of 8-0) to continue this petition until May 16, 2002. P & Z Meeting April 18, 2002 Page 13 - FILE NO. CU-02-003: Hank Flores, presenting Staff comments, stated that Agenda Item # 9 was the application of Spirits and Wine, Inc.for a Conditional Use Permit to allow a retail liquor store in the CG (Commercial, General) Zoning District for property located at 10875 South Ocean Drive within the Galleria Shopping Center. The surrounding zoning is CG to the south and east and HIRD (Hutchinson Island Residential District) to the west, northeast, and southeast. Retail liquor stores are allowed as conditional uses in this zoning district subject to the approval of the Board of County Commissioners. The subject site was previously the location of a retail liquor store that went out of business. 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, subject to the following condition: Only the retail sale of liquor shall be permitted. Mr. Grande asked if this parcel is part of a mall with multiple stores. Mr. Flores stated that was correct. Mr. Grande asked if the Conditional Use Permit applied to a specific liquor store location or would it pertain to the entire parcel. Mr. Flores stated the permit would apply specifically to the store itself and not the entire shopping center. He continued that it would only apply to the individual bay where the retail store is located and that will be identified in the final resolution. Chairman Matthes asked if the petitioner was present. Ms. Anne Mastronardi stated she was the Drive in Jensen Beach. Chairman Matthes opened the Public Hearing. Seeing no one, Chairman Matthes closed the Public Hearing. Mr. Grande 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 Conditional Use Permit to allow the operation of a retail liquor store in the CG (Commercial, General) Zoning District because it is consistent with the current surrounding uses. Motion seconded by Mr. Lounds. Upon a roll call vote the motion passed unanimously (with a vote of 8-0) and forwarded to the Board of County Commissioners with a recommendation of approval. P & Z Meeting April 18, 2002 Page 14 AGENDA ITEM 10: MERCEDES ACADEMY AND CHILD DEVELOPMENT, INC. (LINDA DIMSEY, AGENT) - FILE NO. CU-02-004: Hank Flores, presenting Staff comments, stated that Agenda Item # 10 was the application of Mercedes Academy and Child Development, Inc. (Linda Dimsey, Agent)for a Conditional Use Permit to allow social services (day care and pre-school facility) in the I (Institutional) Zoning District for 2.68 acres of property located at 384 East Midway Road which is within the Port St. Lucie Church of Christ. The surrounding zoning is CG to the west and east, CO (Commercial, Office) to the south and RS-3 (Residential, SingleFamily 3 du/acre) to the north. Day care and pre-school facilities as social services are allowed as conditional uses in the I (Institutional) Zoning District subject to the approval of the Board of County Commissioners. 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, subject to the following conditions: 1. The number of day care/pre-school children shall be limited to a maximum of 40. 2. The hours of operation for the child care and pre-school facility shall be from 6 A.M to 6 P.M., Monday through Friday. Mr. Merritt questioned what the traffic status was on Midway Road east of U.S. 1. Mr. Flores stated that Staff was not aware of any concurrency problems on east Midway and the level of service is C. Mr. Grande questioned Staff if the applicant Mercedes Academy and Child Development is also the land or church owner. Mr. Flores stated that he believed that Ms. Dimsey was operating a childcare center at the church. Mr. Grande stated that he assumed that a Conditional Use Permit on property would have to be applied for by the owner of a property and not a tenant. Chairman Matthes asked who came up with the hours of operations. Mr. Flores stated those are the hours of operation that were stipulated by the applicant. Mr. Akins questioned that if this Conditional Use Permit is approved, is there any control over the actual development of the site into a daycare. He continued that his concern is that there is a small strip mall and gas station on the corner, a shopping center across the street, and an auto he did not feel this was a particularly good area to have small children playing. Chairman Matthes asked if the applicant was present to answer some of these questions. Ms. Linda Dimsey stated that she is the applicant. Mr. George Dimsey stated that the Church does not hold enough revenue to apply and facilitate over a daycare their self. He stated that they were willing to take the risks associated with a daycare because they will be teaching the children about the Lord. He stated that his wife Linda has been in daycare and children services for quite some time. He also stated that they will be leasing the facility from the church and they will be considered to be two separate entities. Mr. Kelly stated that Mr. Joe Wilson, who is the pastor of thechurch, did sign the application and that the application is in order. Mr. Grande questioned if the conditional use permit would apply to the property or just to the applicant, just in case the venture does not succeed. Mr. Kelly stated that under normal P & Z Meeting April 18, 2002 Page 15 circumstances a conditional use permit would run with the property not with the owner or the applicant. He also stated that if the Board or Commission had any concerns regarding this they could add a condition that it applies only the particular applicant. Chairman Matthes asked Ms. Dimsey to address the issues regarding suitability of that site for a daycare. Mr. Dimsey stated that they are not increasing traffic to the area and are just adding a service to those in need in the area already. He continued that there is a home on the west side of the church and there is a trucking company behind that house. He stated that he felt that area is mostly used as a storage area and not really as a full-time operating business. He also stated that the daycare is on the east side of the church and does not pose any hazards to the children. He continued that with the HRS requirements there would be a five to six-foot fence surrounding the daycare area and door alarms. Ms. Dimsey stated that HRS has done some preliminary inspections as well as the Fire District and have advised them of what needs to be brought to their specifications in order to open for business. Mr. Akins confirmed that the Department of Children and Families regulate the safety measures prior to the facility opening. Ms. Dimsey stated that is correct. Mr. Dimsey stated that the facility would be brought up to County codes as well as child development codes. Mr. Grande questioned if they are leasing the space from the church. Mr. and Ms. Dimsey confirmed that is correct. Mr. Grande asked Ms. Young what liability the church would have for daycare center problems. Ms. Young stated that liability would vary based on how the license is issued. She continued that they might have some liability since it is on their site and they would ultimately be responsible for the condition of the building. Mr. Grande asked Staff if issues regarding potential liability had been discussed with the church. Mr. Kelly stated that Staff did not discuss that with them and typically that would be between the applicant and the church. Ms. Dimsey stated that they had discussed these issues with the church and they will have two separate liability policies. Mr. Dimsey stated that as a separate entity the daycare would be holding at least a million dollar liability policy before the church would become responsible for any liability. Mr. Dimsey stated that as a deacon of the church, he has discussed all of these matters in great detail with the church and they too will be upgrading their minimum liability policies to satisfy everyone. Mr. Grande stated that he just wanted to be sure the church was aware of their potential liability in this situation and was consciously undertaking an increased risk. Mr. Lounds re-confirmed that Mr. Dimsey was a deacon in the church. Chairman Matthes opened the Public Hearing. Mr. Herbert Beach stated that he is disturbed by the Institutional zoning because this zoning is usually given to non-profit organizations such as churches and other organizations that pay no ad- valorum tax. He questioned if the business that they will be operating, under the church, is profit or non-profit. He stated that he felt this should be denied because it is opening a can of worms allowing someone to lease a portion of land or space under a tax exemption status. He also stated that he felt his taxes paid for those non-profit organizations and he would not want someone to be able to sneak in the back door and not pay their taxes. Mr. Mike Booth stated that he owns the property to the east of the church at 382 East Midway Road and is opposed to this due to the increased traffic it may generate throughout the day. He also stated that sometimes the traffic backs up half way down Midway Road coming out of Indian River Estates and this would generate more traffic. He continued that the noise levels of P & Z Meeting April 18, 2002 Page 16 structures being built and the noise overall from the children will be increased. He also stated that the property to the west of the church does have a trucking operation that have large dump trucks and semi-trucks going in and out all day and this may pose a hazard to children in the area. He stated that he felt a church should be run as a church and only a church. Chairman Matthes asked Mr. Booth if his property is the Commercial, General piece or residential. Mr. Booth stated his property is zoned Commercial, General and has an insurance office on it. He also stated that he has been there for fourteen years and there is a security facility on the back of the property, which is his residence. Ms. Janet Dubois stated that she owns property at 393 East Midway Road and objects because of the traffic that already exists on Midway Road and also the emergency vehicles that run up and down Midway Road all day and all night. She continued that she could see the traffic from her kitchen window and sees that it gets backed up at night during the weekdays, especially from -thirty. Mr. Shane Blandstated that he lives at 385 East Midway Road and is directly across the street from the church. He stated that traffic is already insane on this street and adding forty more cars on that road in the morning and evening will just add to the confusion already there. He continued that the added noise to the area at six in the morning would be crazy. He also stated that he is opposed to the fact that they are part of the church which does not pay taxes and that is not right. He stated that a lot of the people he had spoken with stated they were concerned about any future expansion of the business as well as the added traffic. Chairman Matthes closed the Public Hearing. services and facilities. Mr. Kelly stated that is not correct and a daycare as per the SIC Code is considered to be under social services. Mr. Grande questioned if a for-profit daycare would still fall under social services. Mr. Kelly stated that profit and non-profit are not separated under the code. Mr. Grande questioned where the fire station was in correspondence to the church. Mr. Kelly stated it was not within the range of the overhead maps. Mr. Murphy it was on Regina, which is further east than the map shows. Mr. Lounds stated he is concerned about the traffic and how the church entrance is configured. Mr. Dimsey stated that the configuration of the church is an L shape back and to the right. He stated there is a roundabout, which is part of the church, and holds approximately twenty be an increase in traffic of forty individual cars because the drop-off times may vary from each individual. Mr. Lounds asked approximately how large the congregation of the church was. Mr. Dimsey stated it was approximately thirty to thirty-five people. Mr. Lounds asked if the students were already lined up. Ms. Dimsey stated she does not have any lined up at this time. P & Z Meeting April 18, 2002 Page 17 Mr. Jones questioned if this is a profit or non-profit corporation. Mr. and Ms. Dimsey stated it was a for profit organization. Mr. Jones asked what the tax situation would be for a church. Ms. Young stated that she assumed they would be tax-exempt because most of the churches in the area have applied for a tax-exempt status. Ms. Dimsey stated that she was told that the church is tax-exempt but that it would not be an issue with them. Ms. Young also stated that the Property Appraisers Office, once notified would review the use of the property but churches are allowed to have daycare centers. Mr. Jones stated that he owns a business in Martin County and is required would have to pay personal property tax and occupational license tax and those types of things even though they are on tax-exempt property. exact feet, but that there is a substantial amount of property in front of the church. Mr. Merritt stated that a lot of the traffic concerns on East Midway Road are generated from the elementary school on Weatherbee Road. He questioned what the time frame for DOT is for a there were any plans of putting one up there in the near future. Mr. Hearn stated that he was concerned about left turns into the church and wondered if the conditional use could be granted with the stipulation that the traffic must enter from the east and turn to the right. Chairman Matthes stated he believed that would cause an enforcement problem. Mr. Jones questioned if the drop off and pick up times would fluctuate throughout the day from six to nine in the morning. Ms. Dimsey confirmed that it would not be like a school with one standard drop-off or pick-up time and arrivals and departures would be spread out throughout the day. Mr. Akins asked Staff if the Property Appraisers Office reviews a situation where a profitable company is operating on a previously exempt property. Ms. Young stated that she believed they do review any changes in use on the property and get the information from the Community concerned regarding the exemption. Mr. Grande stated that he believed that the operators would pay all of the business taxes and the churches would file their own returns and would justify this as tax-exempt income based on the lease to these people. concerns regarding traffic. He stated that since Midway Road is a major corridor there would be no way to stop the increase in traffic. He also stated that he did not have a problem with the P & Z Meeting April 18, 2002 Page 18 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 11.07.03, 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 Mercedes Academy and Child Development, Inc. (Linda Dimsey, Agent), for a Conditional Use Permit to allow social services in the I (Institutional) Zoning District, subject to Staff conditions, because of the reasons stated. Motion seconded by Mr. Hearn. Upon a roll call vote the motion passed with a vote of 7-1 (with Mr. Merritt voting against) and forwarded to the Board of County Commissioners with a recommendation of approval. P & Z Meeting April 18, 2002 Page 19 AGENDA ITEM 11: ORDINANCE 02-005 Property Maintenance Code: Ms. Heather Young, Assistant County Attorney, advised that Agenda Item # 11 is to consider Ordinance 02-005 (previously Ordinance 01-006) amending the St. Lucie County Land Development Code to create Section 13.09.00, Existing Property Maintenance Code, to provide for adoption of Chapter 3, General Requirements, of the 2000 International Property Maintenance Code with certain revisions. A copy of Chapter 3, as modified, is attached to the ordinance and will be maintained in the Public Works Department Code Compliance Division pursuant to the ordinance if adopted. During the January 17, 2002 public hearing on the proposed ordinance, the Planning and Zoning Commission/Local Planning Agency directed staff to delete Section 302.2 (Grading and Drainage), as well as language from Section 303.02 regarding removal of oxidation stains. Staff was further directed to all language to Section 302.9 regarding securing property following damage and to clarify Section 302.2 (Rodent Harborage) to exempt agricultural property and Staff recommends that the Planning and Zoning Commission / Local Planning Agency forward proposed Ordinance No. 02-005 to the Board of County Commissioners with a recommendation of approval. Mr. Hearn stated that he feels that AR-1 (Agricultural, Residential 1 du/acre) should not be included in the exempt zones listed in Section 302.2 (Rodent harborage) because it is a residential district for single-family homes and not agricultural. Chairman Matthes confirmed that he agreed with Mr. Hearn that AR-1 should not be excluded from Section 302.2 (Rodent harborage). Mr. Hearn also stated that in Section 301.3 (Vacant structures and land) he would like to see the interpretation. He also stated that Mr. Hearn asked if the sections regarding Motor Vehicles and Rubbish and Garbage clearly and thoroughly covered in the present code. Ms. Young stated that there are sections regarding both abandoned and non-serviceable vehicles and trash and debris in the existing Code of Ordinances. Mr. Jones stated that he felt there are enough rules and regulations already but there is a need for this. He continued that from what he has heard, it seems the problems are mostly with rental properties, not privately owned residential property. He stated that he agrees with Mr. comments but would prefer that this ordinance only apply to rental properties. Mr. Grande stated that he believes that the area of concern that caused this ordinance request was in fact a private property owner on North Hutchinson Island, not a rental. Mr. Grande continued that there is a typo in Section 303.2 (Protective treatment) and it should P & Z Meeting April 18, 2002 Page 20 Mr. Trias stated that with older communities, this type of ordinance is necessary to maintain the upkeep of these types of areas and he supports this ordinance. Mr. Lounds stated Code Enforcement might need to become more active and not be so passive. He also stated that there are rules and regulations on the books that cover most of this already. He continued that for this type of ordinance to be effective the Code Enforcement Department really need to make an effort to not be static and become more proactive. He also stated that he really wants the Board of County Commissioners to encourage the Code Enforcement Department to become more active and not passive. Mr. Lounds verified with Staff that Section 302.4 (Weeds) is being deleted because there is an ordinance already existing that deals with those matters. Ms. Young stated that Mr. Murphy does not believe there is one specific to that already. Mr. Lounds asked why that section had been deleted. Mr. Murphy stated that Staff has not been instructed by the Board to establish, what in essence would be, a lot mowing regulation because of the wide variety of situations the County has to deal with. Mr. Lounds asked if there might be areas that have a deed restriction regarding yard maintenance. Mr. Murphy stated that might be the case, but the County does not enforce private deed restrictions. Mr. Lounds asked Mr. Grande if South Hutchinson Island has any regulations in place regarding yard maintenance restrictions. Mr. Grande stated they do not have anything in place due to the lack of volunteers to enforce it. He continued that many of the condominiums are gated and have their own requirements and are enforced by their associations. Chairman Matthes opened the Public Hearing. Mr. John Ferrick stated he would like to read a letter from the North Fork Property Owners. He continued that the Homeowners Association still has a problem with #3, 303.2, line 5 (peeling, flaking and chipped paint shall be eliminated and surfaces repainted). They feel that line should be eliminated because it could place a hardship on people who are on a fixed income and the elderly might have to give up medicine or food. He also stated it can be quite expensive to hire a contractor to take care of this type of a problem and it is not always a priority job. If folks do not have family in the vicinity, it could be cost prohibitive. He questioned who would determine how much peeling, flaking or chipped paint it will take to cite a homeowner. He stated they did not feel this was reasonable and could be unrealistic. first brought before the Commission because of his activities in the community. He continued that he felt that Section 302.4 (Weeds) should be left in the ordinance to regulate the many communities that are not deed restricted. He also stated that he felt if this section of the ordinance was left in the County right-of-ways might be maintained better. He advised that he felt that Section 303.2, regarding peeling, flaking and chipped paint needed to be fine-tuned. Ms. Shirley Burlingham from North Beach stated that Hutchinson Island is not the only area in need of this type of ordinance. When you enter North Beach from Fort Pierce there are 18 buildings, with 3 units each (54 apartments) where four are owner occupied and each have 2 additional tenants. Three are out of state owners (CA, WV, MI) and one person who is living in Coral Cove owns five. Two are owned by a corporation in Vero Beach and Stuart and most likely are rentals. A painting company in Vero Beach owns one unit and there are three owned by residents of North Beach of Fort Pierce. The gentleman living in Coral Cove owns the five properties that are in the worst condition. She continued that she believed that area is supposed to be designated as a scenic highway and they are all working very hard to maintain the beauty of P & Z Meeting April 18, 2002 Page 21 being removed from the ordinance. She stated that she is aware of two instances where this type of code would have been helpful regarding the interior upkeep of the triplexes and they are very concerned about these types of residences. Ms. Young stated that a copy of a letter from Arlene Goodman was given to each of the Commission members stating that her concerns are basically the same as those expressed by Mr. Ferrick regarding deleting the section regarding peeling, flaking and chipping of paint due to the hardship it might impose on elderly. Chairman Matthes closed the Public Hearing. chipped paint might address some of the concerns. Mr. Grande stated he did not agree with adding that word because this ordinance is intended to be a cosmetic type of ordinance, not health related. He continued that he felt that if there is a problem with regulating peeling and chipping regulations are regarding the paint on buildings. Mr. Trias stated it is almost the same as that being presented to the Commission tonight. He continued that it is impossible to have a code that is perfectly worded in all areas. He also stated that he felt these ordinances are imperfect and are to be implemented by professionals who use their judgment. He recommended that the ordinance just be voted on now. Mr. Trias stated that after considering the testimony presented during the Public Hearing, including staff comments, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to Ordinance 02-005 with the following revisions: 1. remove such steps and perform such acts as may be required of him from time to 2. In Section 302.2 (Rodent harborage) AR-1 (Agricultural, Residential 1 du/acre) should not be included in the exempt zones listed. 3. Motion seconded by Mr. Hearn (with discussion). Mr. Hearn stated that the only reason he offered the suggestion of adding the word excessive was to avoid removing that section all together. He also stated that the Comp Plan Study Group had proactive Code Enforcement in the new Comprehensive Plan but somehow that was taken out. He continued that they had requested it be modified to on the major corridors, but that was not added either. He stated that he fully supports Mr. Lounds request for proactive Code Enforcement in St. Lucie County. P & Z Meeting April 18, 2002 Page 22 Mr. Lounds asked Staff if Section 302.4 could be added back into the ordinance but be restricted to areas within the Urban Service Area. Ms. Young stated that if the Commission requests that be done, they might be able to word it similar to the wording in the rodent harborage section. Mr. Lounds continued that he felt that lawn maintenance is as important to the look of the County as peeling and chipping paint especially in the more dense residential areas of the County. Mr. Murphy stated it would be better to specify defined zoning districts. Mr. Trias questioned if using the term urban developed land would work. Mr. Murphy stated that is too ambiguous and it should be more defined to a list of zoning districts or to properties east of the Urban Service Boundary. Mr. Trias stated that he agreed a list of specific zoning districts might be more appropriate. Mr. Hearn stated there are two major problems with having a mowing ordinance. The first is the Florida Yards and Neighborhoods program that the State of Florida promotes and the second is the St. Lucie County Vegetation Removal program, which discourages clearing lots in specific area within the Urban Service Boundary. He continued that he feels that should not be dealt with at this time. Chairman Matthes asked Mr. Murphy if the Board had requesting that lot mowing be reviewed. Mr. Murphy stated they were not asked to add in issues regarding lot mowing into the property maintenance ordinance. Mr. Grande stated that he felt they should vote one way or the other on the ordinance with regards to how it is currently written and possibly address adding lot mowing accomplish any more than what is currently on the books and he wanted his strenuous objection to this ordinance noted in the minutes. Mr. Jones asked if the Board of County Commissioners will be reviewing all of the wording or is the Planning and Zoning Commission trying to send them a document that it ready to be voted upon. Mr. Murphy explained that he felt they would be reviewing the final text structure of the document before making any final decisions. Mr. Jones stated that there is some wording that he is not comfortable within this ordinance but feels it should be voted on and forwarded to the Board for their review and comments. Mr. Murphy advised that the Board would receive detailed minutes regarding discussion of this ordinance for their review. Upon a roll call vote the motion passed with a vote of 6-2 (with Mr. Merritt and Mr. Jones voting against) and will be forwarded to the Board of County Commissioners with a recommendation of approval. P & Z Meeting April 18, 2002 Page 23 OTHER BUSINESS/DISCUSSION: Next scheduled meeting will be May 16, 2002. ADJOURNMENT Motion to adjourn made by Mr. Lounds and seconded by Mr. Matthes. Meeting was adjourned at 8:55 p.m. Respectfully submitted: Approved by: _____________________________ _______________________________ Dawn Gilmore, Secretary Stefan Matthes, Chairman . P & Z Meeting April 18, 2002 Page 24