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HomeMy WebLinkAboutSpecial Meeting Minutes 10-21-2004 St. Lucie County Planning and Zoning Commission Meeting Minutes SPECIAL MEETING OCTOBER 21, 2004 rd Commission Chambers, 3 Floor, Roger Poitras Annex 6:00 p.m. MEMBERS PRESENT: Mr. Grande, Ms. Hammer, Mr. Hearn, Mr. Lounds, Ms. Morgan, Mr. Trias, Mr. Knapp, Ms. Hensley, and Mr. McCurdy. MEMBERS ABSENT: Mr. Akins OTHERS PRESENT: Mr. Randy Stevenson, Interim Community Development Director; Mr. David Kelly, Planning Manager; Mr. Hank Flores, Planner III; Ms. Heather Young, Assistant County Attorney; Ms. Dawn Gilmore, Planning Technician; Ms. Faith Simpson, Administrative Secretary. CALL TO ORDER Chairman McCurdy called to order the meeting of the St. Lucie County Planning and Zoning Commission at 6:00 p.m. PLEDGE OF ALLEGIANCE ROLL CALL ANNOUNCEMENTS The Planning and Zoning Commission 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. The recommendation is then forwarded to the Board of County Commissioners for their consideration and vote, usually within the next month. Once again the Planning and Zoning Commission acts only 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. P & Z Meeting OCTOBER 21, 2004 Page 1 asked if there were any announcements or disclosures. Chairman McCurdy Mr. Lounds welcomed Mr. Knapp to the Board. Mr. Kelly confirmed there was a new member to the Board and advised the Board that Ms. Gilmore was promoted to Planning Technician within the County and introduced Ms. Simpson to the Board as the new recording secretary. Ms. Morgan stated that she had a meeting with Mr. Dale Dickerson regarding the mine. Ms. Hammer stated that she had conversations with a number of the residents in the Carlton Road area and they had a website that was forwarded to her, so she has had different communications from their website. Mr. McCurdy asked them if either of those contacts would exclude them from participating in the meeting. They both said it would not. There were no other announcements or disclosures. Chairman McCurdy stated that there was a request from the audience that the Board reconsider the placement of the items due to the large crowd present for the Dickerson Mine item; it had been requested to move up to Item Number One. Chairman McCurdy polled the Board to see if that was their will. Ms. Simpson called roll to see if the item was to move up. Upon a roll call vote, the motion passed (with a vote of 6 to 2 with Mr. Knapp and Mr. McCurdy voting against), The motion carried and the item was moved up. Mr. Akins was absent. P & Z Meeting OCTOBER 21, 2004 Page 2 Agenda Item 7: Northwood LLC (Dickerson-Florida, Inc., Agent) File No. CU-03-019 Mr. Kelly gave staff comments as follows: Dickerson-Florida, Inc., This is anApplication of for a Major Site Plan approval and Conditional Use Permit to allow for a limerock mining operation to be known as Dickerson Carlton Road Mine in the AG-5 (Agricultural 1 du/5 acres) Zoning District. The Location of the property is on theWest side of Carlton Road, approximately 1 mile north of the intersection of Carlton Road and Glades Cut-Off Road. The Existing Zoning is AG-5 (Agricultural 1 du/5 acres). The Future Land Use is AG-5 (Agricultural - 5). The arcel Size is 964.29 acres. The proposed use for the property is the purpose of the requested Conditional Use Permit is to allow a limerock mining operation on the subject property. This use would be authorized under the provisions of Section 3.01.03(C)(7)(i), Mining and quarrying of nonmetallic minerals, except fuels. The urrounding Zoning isAG-5 (Agricultural 1 du/5 acres) to the north, south, east and west. In addition to the AG-5 (Agricultural 1 du/5 acres) zoning there is some I (Institutional) zoning located to the east. The urrounding Land Use are as follows: The subject property is surrounded by AG-5 (Agricultural 1unit/5acres) to the north, south, east and west. In addition, T/U (Transportation/Utilities) land use is located to the east. The Existing Uses in this area are agriculture (citrus groves and pasture land) in nature combined with residential uses. The Cats and Dogs Forever facility is located east of the subject property. See attached copy of transcript for discussion (Exhibit A). Chairman McCurdy opened the Public Hearing. Chairman McCurdy 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 Northwood LLC (Dickerson-Florida, Inc. Agent) for a Condition Use Permit to allow mining and quarrying of non-metallic minerals, except fuels (lime rock) in the AG-5 (Agricultural 1 du/5 acres) Zoning District. Motion seconded by Ms. Hammer. Upon a roll call vote the motion passed (with a vote of 5-3 to deny with Ms. Morgan, Mr. Knapp, and Mr. McCurdy voting against), Mr. Akins was absent, and forwarded to the Board of County Commissioners with a recommendation for denial. There was a three minute recess. P & Z Meeting OCTOBER 21, 2004 Page 3 BJK, Inc. File No. RZ-04-023 & PUD-04-020 Agenda Item 1: as follows: Application ofBJK, Inc., for Preliminary Planned Unit Development approval for the project known as Creekside and for a Change in Zoning from the AG-1 (Agricultural 1 du/acre) and R/C (Residential/Conservation 1 du/5 acres) Zoning Districts to the PUD (Planned Unit Development Creekside) Zoning District. The location of the property is on theSouth side of Okeechobee Road (SR 70), ½ mile west of Gordy Road. The Zoning Designation is AG-1 (Agricultural 1 du/acre) and R/C (Residential Conservation 1 du/5 acres). The Proposed Zoning isPUD (Planned Unit Development - Creekside). The Land Designation is RS (Residential Sub-Urban), RU (Residential Urban) and R/C (Residential/Conservation). The Parcel Size is364.23 acres. The Proposed Use for the property is840-unit residential subdivision (gross density of 2.2 du/acre) 443 single-family units, 397 townhouse units, a 5-acre commercial area/community recreation area and a 5-acre public park The Surrounding Zoning of the property are AG-1 (Agricultural 1 du/acre) to the north, east and west, AG-5 (Agricultural 1 du/5 acres), R/C (Residential/Conservation 1 du/5 acres) and AG-1 (Agricultural 1 du/acre) to the south. The Surrounding Land Uses areRS (Residential Suburban and RE (Residential Estate) to the north; MXD Crossroads (Mixed Use Crossroads) to the east; AG-2.5 (Agricultural 1 du/2.5 acres) to the west and S/D (Special District Ten Mile Creek Attenuation Area) to the south. Bordering the project site to the north is Okeechobee Road. To the north of Okeechobee Road is an area of single-family residences on various sizes of lots and tracts of land, the smallest of which are 1 acre in area. Along the project are two existing outparcels which include a single-family residence and the Sunrise Ford Tractor facility. To the south of the project is the South Florida Water Management District Ten Mile Creek Attenuation Area, currently under construction. To the east of the project site is an old citrus grove. To the west of the project site are lands owned by the Seminole Tribe of Florida, which are currently under development as the Hawks Landing Subdivision. At the northwest corner of the project are four single-family residences on 15 acres of land. To the southwest of the project site is an 80- PUD development at a future date, subject to the PUD amendment process. Mr. Hearn asked where did the figure .36 students per dwelling unit came from. Ms. Hensley stated that it was derived from a variety of formulas from some studies that were done through the University of Florida looking at the demographics of the individual development. It was not consistent to every development to be that, some developments would probably have fewer students, some maybe more. For this one the calculation turned out to be .36. Ms. Noreen Dryer with the law firm of Ruden, McClosky, Smith, Schuster and Russell representing the petitioner stated that they were very excited about the project and hoped that the board would concur with staff that the project met all of the standards for approval and saw from statement about the cost per unit to be actually $490, a bit more for the school district. She introduced the team that was present: With Culpepper & Terpening, Senior Project Manager, Bill Blazak, Houston Cuozzo Group, Planner, Michael Houston, and Craig Markiev from Auto Bond International. She then turned the presentation over to Michael Houston. P & Z Meeting OCTOBER 21, 2004 Page 4 Michael Houston with Houston, Cuozzo Group, stated that they had talked to the Board before regarding this project on a land use amendment. That amendment was for the eastern portion property, about 49 acres, went from RS-2 to urban density that went up to five units to the acre. The owners were unable to stay due to other commitments down south. It is at a gateway for St. Lucie County because of I- on the main portion, but had some great environmental elements adjacent to it and part of its southern boundary. The property was located just to the west of the I-95/Turnpike, 10 Mile Creek to the south portion of the property, and separated on the east by an MXD Mixed Use Land Use Designation. He went over the site plan and pointed out the significant areas such as the lakes, recreational trails, the townhouse community, community center, and single-family community. The project would have three entrances, the main entrance off Gentilly, secondary entrance closer to the Turnpike, and the third the public entrance to the park. It has 840 homes, which is a density of 2.3 units to the acre; the land use amendment allowed them to do a variety of housing types and offered a little more flexibility. There is a five and one-half acre 5.1 acres as a public park, they also had a three acre park which was actually an archaeological site that ran along 10 Mile Creek which would become a museum or a special place for people to be able to come and enjoy and picnic, but know that this was also part of our heritage and the Seminole Indians here, as well. They would restore 10 Mile Creek, take care of the direct discharge, clean up the water before it ever gets there and hold that water. They would also conserve and protect the ruminant patches of native riparian forest, restore other native plant assemblages as possible, and restore areas of the project in order to maximize the benefit of the community. They had a South Florida Water Management interaction plan, and they would work with the district to reconnect some of the Oxbows. There was a trail system that would connect with the trail system on the district side. They had discussed with the Parks Department the five and one-half acres park which would have some ball fields, though not active in terms of leagues, but for use by the community and it would be open to the public. There was a house on the property that had been there since 1918 and it would be moved in a joint venture to a ranch and be restored. The three entrances to the property would be open; at the main entrance there would be a gate further back in which would be a gate for the community that ran along the river. The public would be a question about how much traffic was in there, right now those were not intended to be secured. Ms. Hammer asked for the difference between a floodway and floodplain to be explained. Bill Blazak, Senior Project Manager, Culpepper & Terpening, explained that the floodway line would be noted on maps as an R/C (Recreational/Conservation) Zoning District. Nothing can be built in the R/C that is a floodway; 75% of the rest of the State of Florida is built on the floodplain. The floodway is the area of the creek where there is turbulent flow of water that , but not a physical structure. The floodplain is the area that is projected on the rainfall and is totally determined upon the elevation of the land and how far it goes up into it is what they work with. They have their ERP application in to South Florida Water Management District, they got 30 questions back and an RFI and a floodplain issue was not one of them. Ms. Hammer asked if the property owners would have to pay to maintain the park that would be open to anyone in the County. She suggested that the buyers be made aware upfront that they would be paying to maintain the park. Mr. Blazak answered that they would pay to construct it and most likely pay for the maintenance of it to up keep it, but they talked to the County Parks and Recreation and they need to work out an agreement. Mr. Hearn stated that they needed to address the concerns of the spillway to the east with signage. Mr. Blazak stated that all their construction utilized underground utilities. Florida Power & ansmission lines run through there and are diagonal. There are seven poles with highline transmission on them. Part of the reason of the road integration and why P & Z Meeting OCTOBER 21, 2004 Page 5 they chose that portion of the creek to put the bridge was because the natural habitat had been access for the district and FP&L. Utilities to be provided by St. Agreement so that they could enter into it and secure their capacity for the project. The School above w to be where they were, so they gave them the money to go buy the land where they wanted to be. Last the community development district, there is going to be a Native American heritage site, t all tied into the architectural. The lake system, and the drainage system are all part of a development and the CDD would do the internal stuff and the littoral plantings within the lakes. They have six or seven and a half acres of littoral plantings within the lakes. They envision the filter marsh as a share between South Florida and possibly the County, because of the trail system and themselves. There was also going to be a community garden plot, so that people can come in if they want to have a ga Mr. Hearn asked staff what was the density at the Hawkes Landing Sub-division. the Co Chair McCurdy opened the Public Hearing. Mr. Herbert Wells stated that he lived at 8800 Okeechobee Road across the street from the project and he was in favor of it. He asked how water was going from the two culverts down into there. Department of Transportation (DOT) and considered the maximum flow calculations that could go through those pipes, based on the size there that our survey departments certified for us. their control structure. All of it would be piped, picked up from State Road 70, put in the control structures and through their la James Pulliam stated he lived at 3311 Selvitz Road. He stated that the site plan should be the goal, standard and poster child for development on 10 Mile Creek. Mr. Trias stated that the other way to deal with floor elevations was to have stem wall construction and raise the building, not completely raise the site. It was a much better solution from an environmental point of view and it affected less neighbors. He felt that at some point they needed to start looking at this alternative more realistically and encourage it, because the consequence of not doing it, the consequence of bringing fill was that all the native vegetation that may be there or not was removed and then the existent to progress was completely changed through the construction of all those lakes and so on. That to him was a big deal as opposed to simply doing it in the building. He also felt that they should have that discussion as they approve projects in the future. Mr. Paul Gagnon of 9864 Okeechobee Road spoke in favor of the project. He was happy with the presentation and the one on one talk they had the night before at the Holiday Inn where the k, very open about the whole meeting, and answered all questions. Chair McCurdy closed the public hearing. Mr. Lounds stated that after considering the testimony presented during the Public Hearing, including staff comments, and the Standards of Reviewas set forth in Section P & Z Meeting OCTOBER 21, 2004 Page 6 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 BJK, Incorporated for Preliminary Planned Unit Development for the project known as Creekside and for a Change in Zoning from the AG-1 (Agricultural 1 du/acre) and R/C (Residential/Conservation 1 du/5 acres) Zoning Districts to the PUD (Planned Unit Development Creekside) Zoning District. Motion seconded by Mr. Grande. Upon a roll call vote the motion passed unanimously (with a vote of 8-0) with Mr. Akins absent and forwarded to the Board of County Commissioners with a recommendation for approval. P & Z Meeting OCTOBER 21, 2004 Page 7 Becker Holding Corporation - File No. RZ-04-005 & PUD-04-004 Agenda Item 2: Mr. Kelly announced that representatives of the Becker Holding petition were requesting a continuance in order to revisit the flood plain and homes per the discussions at the Commission hearings earlier in the week. Mr. Al Brodeur, Thomas Lucido & Associates, requested a continuance as his client Becker Holdings wanted to review their options, possibly redesign the site plan. Chair McCurdy opened the Public Hearing. James Pulliam of 3311 Okeechobee Road and Marty Limbaris of 3252 River Drive spoke against the project. Mr. Limbaris asked why they had jumped the agenda. Mr. Lounds responded that it was asked by one of the county officials and put to a Board vote and the Board decided to go ahead and do it. Chair McCurdy closed the public hearing. one is an emergency on Ralls Road that was required by the fire department and would probably be a permanent in the future when Ralls Road is improved. He requested a continuance to a date certain, November 18, 2004 Mr. Grande voiced his opinion that unless the Board got a realistic density for this particular upport. Mr. Lounds stated that the other concern was its location to the industrialization of the property south of it. He hoped that potential buyers realize that a fertilizer plant made noise, had odor, traffic, as well as the asphalt plants, and the chemical plants that are there. Mr. Grande After considering the testimony presented during the public hearing including staff comments and the standards of review I move that we continue this hearing to a date certain of November 18 at the request of the petitioner at 6 p.m. or as soon thereafter as it maybe heard. Ms. Morgan seconded. to a date certain of Upon a roll call vote the motion passed unanimously to continue this petition November 18, 2004 at 6 p.m. (with a vote of 8-0) with Mr. Akins absent. P & Z Meeting OCTOBER 21, 2004 Page 8 AGENDA ITEMS 3 THRU 6 WERE PRESENTED AND DISCUSSED AS A GROUP, SEPARATE VOTES WERE TAKEN FOR EACH ITEM. Mr. Kelly suggested that since the next four agenda items were closely related the applicant would make one presentation to explain where they were, how they related, and what land swaps had been made. This would make the hearings go much faster. Chairman McCurdy questioned if the applicant was present. Staff presented their comments as follows: Agenda Item 3: Lennar Homes - File No. PA-04-006 This is the application of Lennar Homes, Inc., for a Change in Future Land Use Designation from RM (Residential Medium) to COM (Commercial). NW corner of the intersection of Peterson Road and Hartman Road. The current Future Land Use Designation is RM (Residential Medium). OM (Commercial). Existing Zoning is IL (Industrial, Light). Zoning is PNRD (Planned Non-Residential Orange Avenue Commercial). Parcel Size is 6.62 acres. Proposed Use is Commercial subdivision. Surrounding Zoning Designation abuts CG (Commercial General) zoning to the north, RS-3 (Residential, Single-family 3 du/acre) to the south, east and west. abuts COM (Commercial) land use to the north, RM (Residential Medium) to the south and west, RU (Residential Urban) to the east. sting Land Uses abutting the subject property are: vacant commercial lands to the north, vacant residential land to the south, vacant residential and the Sandlewood residential subdivision to the east, and vacant residential to the west. The subject property is within the Ft. Pierce Utility Authority (FPUA) service area and as such will be required to enter into an annexation agreement with FPUA . P & Z Meeting OCTOBER 21, 2004 Page 9 Agenda Item 4: Lennar Homes - File No. RZ-04-004 & PUD-04-003 The subject application of Lennar Homes, Inc. for Preliminary Planned Unit Development approval for the project known as Bent Creek and for a Change in Zoning from the RS-3 (Residential, Single-family 3 du/acre), IL (Industrial Light), and CG (Commercial General) Zoning Districts to the PUD (Planned Unit Development Bent Creek) Zoning District. The Location of the proper was on the West side of Hartman Road, north of White Way Dairy Road, South of Orange Avenue and east of 5-Mile Creek. The Zoning Designation is RS-3 (Residential, Single-family 3 du/acre), IL (Industrial Light), and CG (Commercial General). Bent Creek). -family unit residential subdivision (gross The Surrounding Zoning is CG (Commercial, General) to the north, RS-3 (Residential, Single- family 3 du/acre) to the south, east and west. The Surrounding Land Uses are COM (Commercial) to the north; RM (Residential Medium) to the south and west and RU (Residential Urban) to the east. Bordering the project site to the north are vacant commercial lands, single-family residential on various tracts to the south, and west, Sandalwood Estates residential development to the east. P & Z Meeting OCTOBER 21, 2004 Page 10 Agenda Item 5: Gary Smigiel, Smigiel Partners IX, Ltd. File No. PA-04-005 The subject application of Gary Smigiel, Smigiel Partners IX, Ltd., for a Change in Future Land Use Designation from COM (Commercial) to RM (Residential Medium). The Location of the property was on the South side of Orange Avenue, approximately 340 feet west of the intersection of Sandalwood Drive and Orange Avenue. The Current Future Land Use Designation is COM (Commercial). The Proposed Future Land Use Designation is RM (Residential Medium). The Existing Zoning is CG (Commercial General). The Proposed Zoning is PUD (Planned Unit Development Bent Creek). The Parcel Size of the property is 8.25 acres. The Proposed Use of the property is residential subdivision. The Surrounding Zoning Designation of the subject property abuts CG (Commercial General) Zoning to the north, RS-3 (Residential, Single-family 3 du/acre) to the south, east and west. The Surrounding Land Use Designations are the subject property abuts COM (Commercial) land use to the north, RM (Residential Medium) to the south, east and west. The Surrounding ExistingLand Uses abutting the subject property are: vacant commercial lands to the north, vacant residential land to the south, single family residences of varying tracts of land to the east and vacant residential to the west. The subject property is within the Ft. Pierce Utility Authority (FPUA) service area and as such will be required to enter into an annexation agreement with FPUA. P & Z Meeting OCTOBER 21, 2004 Page 11 Agenda Item 6: Gary Smigiel, Smigiel Partners IX, Ltd. File No. RZ-04-009/PUD-04-007 This is the application ofGary Smigiel, Smigiel Partners, IX, LLC,for Preliminary Planned Unit Development approval for the project known as Orange Avenue Commercial and a Change in Zoning from the CG (Commercial General), RS-3 (Residential, Single-family 3 du/acre) and IL (Industrial Light) Zoning Districts to the PNRD (Planned Non-Residential Development Orange Avenue Commercial) Zoning District. The Location of the property is on the South side of Orange Avenue, approximately 340 feet west of the intersection of Sandlewood Drive and Orange Avenue. The Zoning Designation of the property areCG (Commercial General), RS-3 (Residential, Single- family 3 du/acre) and IL (Industrial Light). The Proposed Zoning of the property isPNRD (Planned Non-Residential Development Orange Avenue Commercial). The Land Use Designation for the property isCOM (Commercial). The Parcel Size of the property is34.13 acres. The Proposed Use of the property is330,000 square feet of commercial use. The Surrounding Zoning of the property areCG (Commercial General) and IL (Industrial Light) to the north east, and west, RS-3 (Residential, Single-family 3 du/acre) to the south, southeast and southwest of the subject property. The Surrounding Land Uses of the property areCOM (Commercial) and IND (Industrial) to the north, COM (Commercial) and RU (Residential Urban) to the east; COM (Commercial) and RM (Residential Medium) to the west and RM (Residential Medium) to the south. To the north is Orange Avenue, across from Orange Avenue is vacant commercial and industrial lands; to the east is the Skate Town facility and then Sandalwood Estates residential subdivision; to the south is vacant residentially zoned property, to the west is single-family residences with varying lot sizes and vacant commercially zoned property. Avenue Commercial) proposal made a PowerPoint presentation which is attached as Exhibit B and spoke at length about the project. Mr. Kelly stated that the purpose for the requested change was to balance off the properties that were being processed through a development project and the proposed use of land parcel would be part of a PNRD for commercial development. Approval of the petition was required to allow the applicant to seek a change in zoning for the subject property from IL, RS-3 and CG to the Development Code and Comprehensive Plan. Staff recommends approval. Mr. Trias said that he wanted to see the lay out of the PUD; he felt that one presentation would be sufficient, and then hold the four public hearings. Chair McCurdy asked the Board if it was okay for them to have one presentation. They unanimously agreed. Mr. Hearn asked staff what constituted a small area amendment and what took place to make it happen. Mr. Kelly explained less than 10 acres constituted the small area amendment and it was subject to a really much lesser review by DCA and the State. The process was like a rezoning. Mr. Grande questioned that on the first application it indicated an existing zoning of Industrial Light. P & Z Meeting OCTOBER 21, 2004 Page 12 Mr. Kelly said that there was an Industrial Light parcel that was inconsistent with the comp plan because it was in a residential area. Mr. Cuozzo introduced himself and his team as follows: Don Cuozzo of Houston Cuozzo Group, Michael LaCoursiere, Civil Engineer/Surveyor of Schorah & Associates, Rett Waldman of Lennar, and Toby Overdorf, Environmental Consultant of Crossroads Environmental, Inc. Mr. Lounds asked if the bridge at Peterson Road was going to be replaced and if so, who would replace it. Mr. Cuozzo answered that they the County had not asked them to and they were not building Peterson Road. They were taking an Abandonment Request to the County to abandon the road right-of-way there. Mr. Kelly went through the four items A, B C and D. The first item asked to eliminate Lots 234- 247 in the Patio Lot area east of Canal 29 and designate the area as open space for park and recreation; staff believed that that was an area that made sense to do that. Item B suggested that they eliminated Lots 91, 92, 113 and 114 in generally the same area and in place provide for a mid block connecting roadway; after they gave on the open space they said withdrew that request in the spirit of cooperation. Item C relocated the roadway connecting the areas east and west of Canal 29 to the next street to the north. To explain the bridge situation, lifts situation, staff felt that the traffic flow would have been better, but given the practical matters there including the bridge and the lift station and the need for an additional lift station, staff would not insist on that one. Item D was to eliminate or modify the area around Lot 107 south the canal to provide a minimum 30 ft. wide pedestrian access through to the community park west of Five Mile Creek. Mr. Cuozzo said that the park would not be open to the public as it was to be a gated community. Mr. Hearn asked why there was no left turn lane required into the project. Mr. Kelly answered that there was a median there and there was no turning movement possible. Mr. Michael LaCoursiere stated that they were currently designing the right and left turn. Chairman McCurdy questioned the traffic on Hartman, how big of an impact this was going to be. Mr. LaCoursiere stated that the traffic reports submitted to staff by the consultant Finder Troutman Consulting demonstrated that there was enough, that the turn lanes would be satisfactory to handle the flow coming in off of Hartman with the relief coming in off of Orange Avenue. That was why there was a requirement to provide that connector through the Smigiel Commercial parcel to the north, so that traffic would come from two directions. No signalization was necessary. Mr. Lounds questioned why they were not utilizing Peterson Road at all. Mr. LaCoursiere stated that besides being unimproved, Peterson Road was limited to a 15 ft. width from Hartman all the way through the property and there was no way to make it function at this point. So the idea was to eliminate that, also it created some intersection problems at Hartman Road. Peterson on the east side of Hartman Road was farther north that the Peterson alignment on the west side of Hartman Road and it created some configuration problems Mr. Trias stated that he felt that staff gave up too easily in some of the requests that they had, as far as connections and the better layout for the grid and he preferred to incorporate some of those P & Z Meeting OCTOBER 21, 2004 Page 13 changes and perhaps some others. He also felt that the reason why it was going to Hartman Road was because they wanted to make a gated community and they wanted to have basically significantly with some of the changes that staff mentioned and some others and he would prefer to see a better project. Mr. Kelly explained that the two plan amendments requests did not have plans because they were the plan amendments and they related only to that swap of a residential piece for a commercial also stated that the applicant had chosen rather than developed on the parcel. independent was the land use changes. The plans depended on the land use changes, so those were together. The Smigiel plan to be fair to Lennar and Bent Creek was not part of theirs, they were not doing that and the only reason they were brought forward at this time was to show the Board how they were integrated. Lennar had done their market analysis and determined that a gated community would work in that area. It was a corporate decision made not to do an interconnected community to the extent that Mr. Trias would appreciate. He further stated that Agreement that would outline the things that were important to people that were going to get developed there; how much square footage, what was our percentage coverage, what our setbacks were, where our landscape buffers were and so that they have a little bit more flexibility. It would be a lot easier to tell a prospective client that the property was already zoned for this. Mr. Grande asked if the goal was to wind up with the projected split between commercial as a PNRD and a residential as a PUD what was it that the Board could do on the commercial side and the plan never came back to the Board. From his perspective the land on Orange Avenue was exactly the right place to have a commercial portion, he was a little skeptical about, approving a PNRD without a plan. Mr. Cuozzo responded that was where t Mr. Kelly reiterated that the responsibility of the Board was to determine that the location was appropriate for the use. The Board really looked at zoning issues than design issues under the Mr. Hearn asked about a piece of land that ran north and south off Orange Avenue that was not part of the plan. Mr. Cuozzo said that was correct, it belonged to a lady who would not sell. She had a residential structure on commercially designated land. Mr. Knapp asked about the emergency entrance on the western part of the property. Mr. Cuozzo said that the Fire Marshal requested it. requested to have an emergency access point only, because it was an island onto itself. There was no way to get to it other than to access it by the bridge that they proposed to build. Mr. Knapp asked if the only entrance from Orange Avenue was going to be the entrance on the 34 acres, was it going to be the only other access, and was there any reason why that owner -family to open it up. product type that would sell in the area and it was not an unusual product type in Florida. The lots were not large, but they were certainly the size of lots that created a product type that was affordable. P & Z Meeting OCTOBER 21, 2004 Page 14 Ms. Hensley asked about the impact of the 260 kids on the school system from the Bent Creek Mr. Cuozzo stated that t heard any other requests from the school system. processed through the city and annexed. Mr. Cuozzo responded that there was a portion of it along Hartman that had a portion of it connected to the city, but there were a number of pieces that separated it. There was one small portion connected to the city. The County told them that it was not eligible for annexation because of it only having the one connection to the city and it would create enclave. Lennar Homes agreed along with the city manager that they would hold off on their proceeding with the annexation until the final plat was recorded. At that time it would be up to the City of Ft. Pierce and the County to work out their annexation procedure. Mr. Knapp asked what were the price, point and size. -$250K, 65 by 135 was $250-$300K, and the square footage would probably range from 2200 to 2700. There would probably be between eight and thirteen different home sites selections for potential homeowners to choose from. Mr. Kelly stated that their options were to recommend for the commercial land use, recommend denial of the proposed PNRD, but they could take that denial to the commission with this Mr. Hearn said that he was very uncomfortable with the amount of dwelling units on this piece of property. Regarding the PNRDs, he felt they were setting aside land for drainage lakes that were retention ponds that were required and the roads that were going on there. They were still getting their dwelling units that they had before they started crammed on a lot smaller space and he was not comfortable with that idea. He thought it had South Florida written all over it and -zonings, liked the idea of the commercial along Orange property. Lennar Homes File PA-04- Chairman McCurdy opened the Public Hearing on Agenda Item 3, 006 for a Change in Future Land Use Designation from RM to COM . Chairman McCurdy closed the Public Hearing. Mr. Lounds stated after considering this testimony presented during the public hearing including staff comments, I hereby move that the Local Planning Agency, of St. Lucie County recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Lennar Homes for a Change in Future Land Use Designation from RM (Residential Medium) to COM (Commercial) because I think it fits the use of the property on Orange Avenue. Mr. Hearn seconded the motion. Upon a vote the motion was approved (with a vote of 8-0) and Mr. Akins was absent, forwarded to the Board of County Commissioners with a recommendation of approval. Chairman McCurdy opened the Public Hearing on Agenda Item 4, Lennar Homes, File RZ-04-004 the preliminary PUD for the project known as Bent Creek and for a & PUD-04-003 for Change in Zoning from RS-3, IL and CG Zoning Districts to the PUD Zoning District. Chairman McCurdy closed the Public Hearing. Mr. Grande stated, after considering the testimony presented during the public hearing including staff comments, I hereby move that the Local Planning Agency, of St. Lucie P & Z Meeting OCTOBER 21, 2004 Page 15 County recommend that the St. Lucie County Board of County Commissioners deny the application of Lennar Homes for a change in zoning from RS-3, IL and CG Zoning Districts to the PUD Zoning District because it is inconsistent with our understanding of the Comprehensive Plans and the best use of the land. Mr. Trias seconded. Upon a roll call vote the motion to deny was approved with a vote of (5-3) (with Mr. Lounds, Ms. Morgan and Chairman McCurdy voting against); , and to Mr. Akins was absent forward to the Board of County Commissioners with a recommendation of denial. Chairman McCurdy opened the Public Hearing on Agenda Item 5, Gary Smigiel, Smigiel Partners future land use designation from COM to RM. IX, Ltd., File No. PA-04-005 for change in Chairman McCurdy closed the Public Hearing. Ms. Hammer asked how many units per acre were permitted under the RM Land Use Designation. Mr. Kelly responded nine. Ms. Morgan stated, after considering the testimony presented during the public hearing including staff comments, I hereby move that the Local Planning Agency recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Gary Smigiel, Smigiel Partners IX Ltd. for a Change in Future Land Use Designation from COM (Commercial) to RM (Residential Medium) because it is consistent with the surrounding area. Mr. Lounds seconded. Upon a roll call vote the Motion approved with a (6-2) vote (with Mr. Grande and Ms. Hammer voting against), and forwarded to the Board of County Mr. Akins was absent, Commissioners with a recommendation of approval. Chairman McCurdy opened the Public Hearing on Agenda Item 6, Gary Smigiel, Smigiel Partners . IX, Ltd. (Orange Avenue Commercial PNRD) RZ-04-009/PUD-04-007 Chairman McCurdy closed the Public Hearing. Mr. Grande stated, after considering the testimony presented during the public hearing including staff comments, I hereby move that the Local Planning Agency recommend that the St. Lucie County Board of County Commissioners deny the application of Gary Smigiel, Smigiel Partner IX Ltd. for Preliminary PUD approval for the project known as Orange Avenue Commercial and a Change in Zoning from the CG, RS-3, and IL Zoning Districts to PNRD Zoning District because the proposed new zoning is inconsistent with the comprehensive plan and the surrounding area. Mr. Trias seconded. Upon a roll call vote the Motion to deny was approved with a (5-3) vote (with Mr. Lounds, Ms. Morgan, and Chairman McCurdy voting against), and forwarded Mr. Akins was absent, to the Board of County Commissioners with a recommendation of denial. P & Z Meeting OCTOBER 21, 2004 Page 16 OTHER BUSINESS / DISCUSSION: Mr. Hearn stated he was very confused and upset that they voted 7-0 on an item and the commissioners turned around and voted 5-0 for the item and wanted to know where the difference was. If he read the nonconforming lots of record on a parcel of land like was out in He gave an example, if he had a piece of land 20 acres out in Lakewood Park, when that hadnot been subdivided could he subdivide it now without going to a PUD? Mr. Kelly responded yes he could, by filing a plat and subdividing it. Mr. Hearn then asked what was this nonconforming lots of record. Mr. Kelly stated that nonconforming lots of record were existing lots that were legal at sometime in the past and because the rules of a particular jurisdiction had changed, they were no longer legal. But they were recognized as legal because they were, and the common term was grandfathered. Grandfathered and nonconforming lots were effectively the same thing. Mr. Hearn requested that the Board and staff have a discussion regarding the purposes of that code. Next scheduled meeting will be October 28, 2004. P & Z Meeting OCTOBER 21, 2004 Page 17 ADJOURNMENT Motion to adjourn made by Mr. Lounds and seconded by Mr. Hearn. The meeting was adjourned at 12:15 a.m. Respectfully submitted: Approved by: _____________________________ _______________________________ Faith Simpson, Secretary Carson McCurdy, Chairman . P & Z Meeting OCTOBER 21, 2004 Page 18