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HomeMy WebLinkAboutMinutes 05-20-2004 St. Lucie County Planning and Zoning Commission Local Planning Agency REGULAR MEETING MINUTES May 20, 2004 Commission Chambers, 3rd Floor, Roger Poitras Annex 7:00 P.M. MEMBERS PRESENT: Ms. Morgan, Mr. Lounds, Mr. Akins, Ms. Hammer, Mr. Grande, Mr. Hearn, Ms. Hensley, and Chairman McCurdy. MEMBERS ABSENT: Mr. Trias and Mr. Merritt (Both Absent with notice) OTHERS PRESENT: Mr. David Kelly, Planning Manager; Ms. Cyndi Snay, Development Review Planner III; Ms. Heather Young, Assistant County Attorney; Ms. Dawn Gilmore, Administrative Secretary. CALL TO ORDER: Chairman McCurdy called to order the meeting of the St. Lucie County Planning and Zoning Commission / Local Planning Agency at 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL ANNOUNCEMENTS / DISCLOSURES: meeting. The Planning and Zoning Commission/Local Planning Agency is an agency that makes recommendations to the Board of County Commissioners on land use matters. These recommendations are made after consideration of staff recommendation and information gathered at a public hearing, such as those we will hold tonight. The meeting will progress in the following manner: The Chair will call each item. Staff will make a brief presentation on the facts of the request. The petitioner will explain his or her request to the Board. Members of the public will be allowed to present information regarding the request. The public portion of the meeting will be closed and the Board will discuss the request. Further public comment will not be accepted unless the Board has specific questions. The Board will vote on its recommendation after its discussion. For legal reasons, the motion may be chosen and read from a script provided by staff. Motions both for and against are provided to the Board members. P&Z / LPA Regular Meeting May 20, 2004 Page 1 of 8 The recommendation is then forwarded to the Board of County Commissioners for their consideration and vote, usually within the next month. The Planning and Zoning Commission/Local Planning Agency acts only in an advisory capacity for the Board of County Commissioners and actions taken are recommendations only. Interested parties will also have the opportunity to speak at a public hearing in front of the Board of County Commissioners who will ultimately have the final decision. No other announcements or discussion. P&Z / LPA Regular Meeting May 20, 2004 Page 2 of 8 AGENDA ITEM 1: MEETING MINUTES MARCH 18, 2004: Mr. Grande stated that he feels it is important that the minutes be included in the packets that go before the Board of County Commissioners even though they have not reviewed or approved them yet. Mr. Kelly confirmed that the minutes are always attached to the Board of County Commissioners packets and are also stamped to show that they are still subject to the approval of the Planning and Zoning Commission. AGENDA ITEM 2: MEETING MINUTES MARCH 25, 2004: AGENDA ITEM 3: MEETING MINUTES APRIL 15, 2004: Mr. Hearn stated that on Page 8 of the April 15, 2004 minutes he would like to add the Ms. Gilmore confirmed that would be added as requested. Mr. Lounds made a motion to approve Agenda Items 1, 2, and 3, as amended. Motion seconded by Mr. Akins. Upon a vote the motion was unanimously approved (with a vote of 7-0). P&Z / LPA Regular Meeting May 20, 2004 Page 3of 8 AGENDA ITEM 4: CROCE GIAMBANCO FILE NO. RZ-04-011: Ms. Cyndi Snay, presenting Staff comments, stated that both Agenda Item # 4 and # 5 would be presented at the same time because they were both for the same subject property. She continued that Agenda Item # 4 was the petition of Crose Giambanco for a Change in Zoning from the I (Institutional) Zoning District to the CG (Commercial General) Zoning District for property located at 6623 N. US Highway One just south of the Indian River County/St. Lucie County Line. She continued that the subject property is approximately ½ acre in size and is designated with a COM (Commercial) future land use. The purpose of the requested change in zoning is to make property more consistent with the surrounding growth and to allow the operation of a drinking place (freestanding bar) within the existing building. Previously, the subject property was utilized as a freestanding bar for the onsite consumption of alcohol and as Restaurant), which is now abandoned. Ms. Snay stated that Agenda Item # 5 is the petition of James Morrow for a Conditional Use Permit to allow the operation of a drinking place (freestanding bar) within an existing building located at 6623 N. US Highway One just south of the Indian River County/St. Lucie County Line. The subject property is approximately ½ acre in size and is designated with a Commercial future land use. The subject property is zoned Commercial General and drinking establishments are permitted with Conditional Use Review and Approval. Staff has reviewed both of the petitions and determined that they conform to the Standards of Review as set forth in the St. Lucie County Land Development Code and are not in conflict with the Goals, Objectives, and Policies of the St. Lucie County Comprehensive Plan and recommend that these petitions be forwarded with a recommendation of approval. Chairman McCurdy questioned if the applicant or their representative were present. Mr. Croce Giambanco, 325 Farleys Court, Vero Beach, stated that he is the applicant and was requesting the rezoning. He continued that when he originally had the parcel rezoned for the Adult Care Living Facility (ACLF) he thought only that portion of the parcel would be rezoned. He stated that since he originally had a restaurant on the same parcel he believed that portion of the parcel had remained under the CG (Commercial, General) zoning. He advised that he recently found out that was not the case and would like to have that portion of the parcel where the restaurant used to be rezoned back to the original CG (Commercial, General) Zoning. Mr. Lounds questioned if the applicant was planning on reopening the restaurant. Ms. Snay stated that the applicant was planning on having a freestanding bar only. Mr. Lounds questioned if there were any regulations governing how close a bar could be to an ACLF. Ms. Snay stated that the Land Development Code does not have any regulations banco stated that all of the tenants in the ACLF are required to sign strict lease agreements and if they were found to be violating those terms at any time their lease would be terminated. Mr. Hearn brought in a map with two sections highlighted on it. He questioned the applicant if the yellow are was the portion he was requesting a conditional use permit for. Mr. Giambanco confirmed that was correct. Mr. Hearn also questioned if the pink area was the existing ACLF. Mr. Giambanco confirmed that was also correct. Mr. Hearn questioned what the buildings were that were to the south of his subject properties. Mr. Giambanco stated that those are weekly rentals. Mr. Hearn questioned where the residents of the ACLF come from. Mr. Giambanco stated that the Department of Children and Family Services place them in his facility. Mr. Hearn stated that the ACLF would be within 50 feet of the bar and questioned how many residents he had. Mr. Giambanco stated that they currently have 14 residents. Mr. Hearn also questioned if the residents of the facility were mentally challenged. Mr. Giambanco confirmed that they are mentally handicapped but are able to make their own decisions and choices. Mr. Hearn questioned if any of the residents were recovering alcoholics. Mr. Giambanco stated he did not believe they were. Mr. Hearn questioned if any of the residents had any other problems other than the mental challenges. Mr. Giambanco stated he did not believe they had any other issues. P&Z / LPA Regular Meeting May 20, 2004 Page 4of 8 Mr. Grande questioned how close this project was to the proposed project of Coconut Cove. Ms. Snay explained that the Coconut Cove project was on the other side of Old Dixie Highway adjacent to the intercoastal. She stated that their project is not shown on the aerial maps provided because it is not directly across from this property. Mr. Lounds questioned if there was a wall between the ACLF and the building they would be using for the bar. Mr. Giambanco stated that there was not a wall, but there was a fence around the ACLF that also had some heavy landscaping and that there was also a gate and security monitoring. Mr. James Morrow, 2134 1st Court SE, stated that he was the applicant for Agenda Item # 5 and was requesting a conditional use permit to establish a bar where local residents feel it is a good area for the bar. He stated that there were a couple of other bars in the area that closed so the local residents have had to go to Vero Beach. He also stated that those local residents have told him that they would like to have a local place to go and have a good time again. Mr. Akins questioned if they would be selling liquor or just beer and wine. Mr. Morrow stated that they would have liquor. Mr. Akins questioned if the applicant would also have a package store. Mr. Morrow confirmed that was correct. Mr. Grande questioned if the applicant would be serving food. Mr. Morrow stated they would not have food. Mr. Lounds questioned if having a package store affected the liquor license they would be receiving. Mr. Akins stated that he believed that if you receive a liquor license that allows for on premises consumption it would include allowing package sales. He continued that having a package sale liquor license does not allow for on site consumption. Mr. Morrow confirmed that was correct. Chairman McCurdy opened the public hearing. Seeing no one, Chairman McCurdy closed the public hearing. Mr. Lounds stated 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 Croce Giambanco, for a Change in Zoning from the I (Institutional) Zoning District to the CG (Commercial, General) Zoning District because the zoning is consistent with other commercial uses along U.S. 1. Motion seconded by Mr. Grande. Upon a vote the motion was unanimously approved (with a vote of 7-0) and forwarded to the Board of County Commissioners with a recommendation of approval. P&Z / LPA Regular Meeting May 20, 2004 Page 5of 8 AGENDA ITEM 5: JAMES MORROW FILE NO. CU-04-004: Chairman McCurdy opened the Having heard Staff comments in Agenda Item # 4, public hearing. Seeing no one, Chairman McCurdy closed the public hearing. Mr. Hearn stated 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 deny the application of James Morrow for a Conditional Use Permit to allow for the operation of a freestanding bar in the CG (Commercial, General) Zoning District because I do believe it is too close to an ACLF that is rehabilitating mentally retarded patients. Motion seconded by Mr. Grande, for discussion. Mr. Lounds questioned if Mr. Hearn felt that having the ACLF so close to the bar would cause an uncontrollable situation. Mr. Hearn stated that he lived near a bar when he was young and they had a lot of problems. He stated that they could not sleep because of the noise from the fights. He stated that he feels this bar would be too close to the ACLF and would affect their quality of life. He stated that he did not feel this was the right place for a bar. Mr. Lounds questioned if Mr. Hearn would feel the same way if it were a restaurant that served liquor. Mr. Hearn stated that he would not have a problem with a restaurant serving liquor because the patrons reason for going was to have a meal with a drink, not just going to have several drinks and possibly get drunk. Ms. Hammer questioned if there was any provision in the Land Development Code that would allow them to issue a conditional use permit on a temporary basis where they could review the conduct of the bar in a year or two and determine if to leave the permit in place or not. Mr. Kelly stated that there is nothing that allows for that in the Land Development Code. He advised that if an applicant violates any conditions of a conditional use permit then it would become a code violation case. He stated that this request only has a condition regarding the hours of operation but they could add additional conditions if the Planning and Zoning Commission felt it necessary. Mr. Grande stated that he did not feel the first thing someone should see when they come into St. Lucie County is a bar. He stated that adding conditions about the length of time for the conditional use permit was not practical because of the investment being made by the property owners and operators. Mr. Akins stated that the applicant has been a responsible business owners and good neighbor with his endeavors in the past and we need to believe in that. He continued that the applicant was honest in stating that they would not be serving food and would only be a bar and are now being penalized for it. Mr. Lounds stated that there have been several other bars throughout the County that difference. He also stated that if the owner does not keep control over his establishment the police would get involved. Mr. McCurdy stated that he lived above a bar for six years and never had any problems. He stated that he did not feel it was right for them to restrict Mr. Giambanc Ms. Hammer questioned if Mr. Morrow would address their concerns and comments. Mr. Morrow stated that he was planning on this business being family owned and operated. He stated that the former manager of Habits would also be operating this lounge with them. He continued that they have been known in the past to drive patrons home and they have good relationship with the police. He stated that they are going to be very strict and would not tolerate any drugs or violence in their establishment. He advised that he has a daughter and would not jeopardize her safety in any way. P&Z / LPA Regular Meeting May 20, 2004 Page 6of 8 Ms. Hammer questioned if the security surrounding the ACLF was such that a resident would be able to get into the lounge. Mr. Giambanco stated that the ACLF is a totally secure facility and is monitored 24 hours a day, seven days a week, so they would not be able to access the lounge. Upon a roll call vote the motion to deny failed with a vote of 1-6 (with Mr. Akins, Mr. Grande, Mr. Lounds, Ms. Hammer, Ms. Morgan, and Chairman McCurdy voting against). Mr. Grande stated after considering the testimony present 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 James Morrow, for a Conditional Use Permit to allow for the operation of a freestanding bar in the CG (Commercial, General) Zoning District because it is consistent with the other businesses in the area and is an acceptable use of the property. Motion seconded by Ms. Morgan. Upon a roll call vote the motion was approved with a vote of 6-1 (with Mr. Hearn voting against) and forwarded to the Board of County Commissioners with a recommendation of approval. P&Z / LPA Regular Meeting May 20, 2004 Page 7of 8 OTHER BUSINESS / DISCUSSION: The next scheduled meeting will be June 17, 2004. Mr. Hearn stated that at a meeting a few months ago he asked that Staff considering adding a definition to the Land Development Code for the word arena and questioned what was the status. Mr. Kelly stated that they have done some research on the definition and plan on bringing it forward to the Planning and Zoning Commission / Local Planning Agency sometime in the near future along with a few other text amendments to the Land Development Code. Mr. Grande stated that some time ago there was mention of doing some general updates to the Land Development Code. Mr. Kelly stated that they are still working on that as well and would provide an update as soon as possible. ADJOURNMENT: Meeting was adjourned at 7:39 P.M. Respectfully submitted: ____________________________________ Dawn V. Gilmore, Administrative Secretary P&Z / LPA Regular Meeting May 20, 2004 Page 8of 8