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HomeMy WebLinkAboutMinutes 12-08-2005 Planning and Zoning/ Local Planning Agency December 8, 2005 The December 8, 2005 P&Z meeting was called to order at6:00 P.M. by Chairman of the Planning and Zoning Commission Charles Grande. Pledge of Allegiance Roll Call Present: Absent: Ms. Kathryn Hensley Mr. Ramon Trias Ms. Stephanie Morgan Mr. Craig Mundt Mr. Edward Lounds Mr. John Knapp Ms. Pamela Hammer Mr. Bill Hearn Mr. Charles Grande Announcements or Disclosures : Some P&Z members disclosed contacts with some of the petitioners. Chairman Grande announced that the order of the items on the agenda would be changed so that the minutes would be heard at the end of the meeting, and Agenda Item 11: The Fire EMS Impact Fee would be moved to the first item on the agenda. Meeting Procedures Chairman Grande stated for the public benefit that the Planning and Zoning Commission is an advisory board to the Board of County Commissioners. They will Following will be the opening of the public hearing to the public for their comments. During the public hearing anyone who wants to speak for or against the particular application can do so at that time. The public portion of the meeting will then be closed and the application will be discussed among the Planning and Zoning Commission members. The Planning and Zoning Commission will then vote on a recommendation to send forward to the County Commission. Whether you agree or disagree with the Planning and Zoning Commission recommendation you are encouraged to go to the County Commission meeting to voice your opinion. 12-08-2005 P&Z 1 During the making of the motions, the Planning and Zoning Commission members may read a motion that has already been prepared. Please be informed that the application has not been prejudged but the motions have prepared for the recommendation that is to be made for a particular application, whether it is in favor of the application or not in favor of the application, so that when motions are made, the legal requirements for that particular application are met. Chairman Grande recognized Mrs. Pat Ferrick, representing the North Fork Property Owners Association, who expressed concerns regarding County procedures Ms. Pat Ferrick stated that after attending several meetings, their government representative believes that the County Commissioners have been receiving incomplete information on project applications. She has provided a copy of a check list of the information she felt was essential for decision making. This check list is included as an attachment to these minutes. 12-08-2005 P&Z 2 Agenda Item 11: Fire District Impact Fee Ordinance 06-033: Assistant County Attorney Heather Young presented this item. She stated that this is Proposed Ordinance 06-003 and was previously numbered as 05-042 but it will not be adopted until the coming year, so they have changed the number. This ordinance was requested by the Fire District to amend the Fire EMS Impact Fee schedule. A study was conducted by Walter H. Keller Inc., which recommended several amendments to the fee schedule. The Fire District pursuant to Resolution 488-05 approved this report. Several revisions were made to the ordinance following distribution of the meeting packages to reflect comments received from the Fire District staff. The changes were outlined in a memorandum provided to the commissioners and are as follows: square feet Nursing homes to change square feet The Fire District has requested this and staff recommends that this be forwarded to the Board of County Commissioners with a recommendation of approval, with those st corrections. Ms. Young added that in the table, January 1 was the initial start date but because of the delay in the public hearings, this Ordinance will go into effect, if adopted, st on February 1. Chairman Grande asked if there were questions of staff. Mr. Lounds stated includes private schools as well. Ms. Young stated yes. Ms. Young stated that the impact fee is currently $140.00 per acre but under the recommended changes, the fee will be reduced to $40.00. Mr. Hearn asked why the report indicated that the mobile homes were not receiving service calls. Ms. Young stated that the applicant would Chairman Grande opened the public portion of the hearing to the Fire District representatives. 12-08-2005 P&Z 3 available to answer any questions. Walter Keller, the consultant, who prepared the Impact Fee Study for the Fire District, stated that they have reevaluated the information that is in the fee ordinance because it was implemented back in 2002 and needed to be updated. Mr. Keller went on to state the following items. They have updated the population and demographic information of the County and the Fire District has provided them with their service call experience for the significant time demand issue. This information was used to establish the experience rates for different land use areas. They have excluded items that should not be paid by impact fees, such as operations. Between the years of 2000 to 2004, 85% to 87% of the service call experience was EMS related, while fire calls accounted for about 15%. The mobile homes were grouped into some of the multi-family uses. He stated that the results in capital cost that are directly assignable to impact fees are almost ten million dollars. The proposed fees are increased. Mr. Keller stated that those fees are set at certain levels so that everyone pays their portion of the impact fees assignable to their uses. Fees would apply to both public and private entities. If there is a particular use that the government is encouraging the fees may not be waived, but the impact fees may be paid by another entity for the applicant. For any development that has a service call experience, fees must be paid. Mr. Hearn asked how the calculation of $83.00 for the mobile home and $294.00 for the single-family residential homes was derived. He stated that it seems disproportionate. Mr. Ron Parrish stated that the single-family homes are having a greater impact on both the Fire and the EMS services than the multi-family residential property. Mr. Lounds stated more multi-family units are coming into the area and he suggested that the consultant set higher fees for the multifamily units to align them with the existing land use designations and single family uses. Mr. Keller stated that this fee would be looked at periodically to see if it needs to be adjusted. If the experience of the Fire District indicates that multi-family units should be a higher rate, then the fee can be adjusted accordingly to reflect that. When the fees were originally done in 2002, they were not based on any local data. Mr. Keller also stated that for the impact fees the County adopted in 2002, not much use data was collected regarding those fees. The data was also based on a study in Palm Beach County because St. Lucie County and Palm Beach County were considered to be similar. Therefore the service call experience of Palm Beach County was a major factor in developing the rates for the fees. However, the current fee proposal is based upon a 140 day time frame when specific data was collected. 12-08-2005 P&Z 4 Ms. Hensley noted that the report states schools account for less than 1% of the calls however, the impact fee increase is 300%. She stated that the methodology appears to be somewhat skewed, in that the 300% increase would indicate a major user of services, but the school calls are less than 1%. Mr. Keller stated that he believes that their methodology is sensitive to the most recent experience that the Fire District had. Chairman Grande stated if residential calls are more than half of the usage, why is retail higher per usage. Ms. Hammer stated that a call for EMS service is going to cost the same regardless of what type of unit it services. Therefore, they all should pay the same thing. Chairman Grande clarified that there are more calls to a single-family home. Therefore, they should pay more. Mr. Keller stated mobile homes were not individually classified. Therefore, there were no service call experiences from the surveys for the mobile home calls. In addition, the mobile homes were included with the multi-family. Mr. Keller stated that they felt that multi-family is more appropriate for service call experience than single-family. He stated if desired, this fee could be grouped so that all residential units pay the same fee. He did feel that it is more appropriate to classify the units according to their specific usages. Ms. Morgan stated on page seven of the report, under Institutional Nursing Homes, it reads that the increase will be from $143 per bed to $1,055 per bed. She asked if this was correct. Mr. Keller stated yes because if you look at the service call experience, it is extremely high. Chairman Grande opened the public hearing. No one spoke. Chairman Grande closed the public hearing. Mr. Knapp stated that he would not support this proposal because he does not feel comfortable with the different fee rates. He stated that he understands that nursing homes can create problems, but they are necessary and not many nursing homes are going to come into the County if an extra thousand dollars per bed is being charged. He stated 12-08-2005 P&Z 5 that the fees are also really increasing the cost of construction. He added that small uses in retail are also increasing as well. Mr. Lounds stated that the plan needs to be re-looked at. There are many areas that need to be re-calculated to make sure that the plans hold up in the future. He stated that he is not comfortable with the gasoline station or nursing home recommendations. Mr. Mundt stated that he recommends that the County Commission look closely at the fee schedule report. Chairman Grande stated that he recommends that the Fire Department take a look at the other impact fee proposals that have come forward, wherein the consultants were able to explain and justify the specific amounts of the impact fees and request that the Planning and Zoning Commission and the County Commission to make decisions based upon a logical presentation. He stated that the overall impact fees for the Fire Department need to be raised indeed, but there has not been a presentation that demonstrates that the individual fees have been developed equitably and fairly. Chairman Grande stated that he recommends that this be passed, but that the Fire Department be admonished to make sure that the next time they come forward, the basis for the individual breakdown of the fees should be clear, and someone should be able to explain them. Mr. Hearn made a motion that this proposal be forwarded to the Board of County Commissioners with a recommendation of approval. He stated that he also recommends that the fee numbers be adjusted more equitably between the various impacts of the residential development and the retail development as well as the nursing homes and the gasoline stations. Chairman Grande asked if Mr. Mundt seconded the motion. It was the consensus of the Planning and Zoning Commission members to clearly recommend that these minutes be viewed by the County Commission before it votes upon this item. The roll was called. Ms. Hammer voted for the motion. She stated that she would like for the County Commission to take a look at the numbers for residential because she believes that they all should be the same and single-family fees should not be $478.00 while mobile home and multi-family fees are $97.00. 12-08-2005 P&Z 6 Mr. Lounds voted for the motion and stated that he would like for all of the considerations to be placed in the motion. Ms. Morgan voted for the motion and she agreed with Mr. Lounds. Mr. Knapp voted against the motion. Mr. Mundt voted for the motion. Mr. Hearn voted for the motion. Mr. Grande voted for the motion. Chairman Grande stated that this proposal would be forwarded to the Board of County Commissioners with a recommendation of approval and a very strong recommendation that the County Commissioners look very hard at the methodology for allocating the amounts and making sure that they are justified as equitable. 12-08-2005 P&Z 7 Agenda item 5: EH Building Group II, LLC RZ-04-030/PUD-04-028: For the record, Chairman Grande stated that he has had electronic discussions with the applicant on this item. Mr. Hank Flores presented this item. He stated that this is the application of EH Building Group for a Change in Zoning from the RS-3 Zoning District to the Planned Unit Development-Whispering Oaks Zoning District. The property is located on each side of South Jenkins Road and is approximately 1/3 of a mile south of Orange Avenue. On October 20, 2005, this board continued the public hearing on this item because of provided a revised site plan based upon those concerns. Staff has determined that the petition meets standards of review as set forth in Land Development Code and is not in conflict with the Comprehensive Plan. Staff is recommending that this petition be forwarded to the Board of County Commissioners with a recommendation of approval, subject to seven limiting conditions. Chairman Grande asked if there were any questions of staff. Mr. Knapp stated that they have approved additional projects on South Jenkins Road- The United Homes and Lennar Homes. He asked Mr. Flores what the densities of the two developments were. Mr. Flores stated that the Celebration Point project which is located to the southwest is approximately 3.5-4 units per acre and Bent Creek, which is located to the east is approximately two or three units per acre. Mr. Knapp asked when was the traffic study done and if it included the other two developments that have not been built yet, but will be accessing Jenkins Road. Mr. Flores stated that the traffic report is dated May 18, 2005, and it took into account Celebration Point and Bent Creek as well as the Palm Breezes Club which is located on Orange Avenue, just east of the Turnpike. Mr. Knapp stated that he is very concerned with the traffic on Jenkins Road because the last reports that they had stated that Jenkins Road was about maxed out. Ms. Hammer stated that in the report there is mention of a landscaping berm and a fence being located between the project and the subdivision. She asked what kind of fence is this going to be. 12-08-2005 P&Z 8 Chairman Grande stated that question will be held for the applicant. Chairman Grande opened the public portion of the hearing. Johnathan Ferguson, , stated that this application has an existing land use category of RM (Residential Medium) which allows up to nine units per acre. He stated that they have a signed executed agreement with the school district in lieu of land donation. It was executed early in 2005 and was provided to staff. st and the impact fees account for a land component, which is also what the agreement was addressing. The type of fence that they will use is a vinyl coated, chain-linked fence, which is at the request of the residents, and not required by Code. Ms. Julia Shewchuk, with Jordan, Jones and Goulding highlighted the changes of the site plan. She stated that they have replaced the townhomes with single-family homes adjacent to the U-Vista subdivision community and also kept the ten feet landscape buffer. In addition, there will be a 15 foot rear setback to the single-family residents. Therefore there will be a 25 foot buffer between and structure on the property line. The closest house to the subdivision of their landscape buffer is 75 feet She stated that they also relocated the townhouses to the southwest corner, next to the Upland Preserve so that it is buffered from Jenkins Road by the existing Upland Preserve. They have also extended it to provide a 30ft Upland Preserve buffer and another landscape area, which would be between the property line and the closest corner of the townhome. There is a 65 foot setback to the property line which is quite mature landscaping as well as the native buffer. She stated that they will replace all exotic vegetation areas that they remove, with native vegetation so that they do not create bare spots. She stated that they have separated the community center along with the pool and located it further up from the townhomes. They placed an 80 foot buffer in between them both, which are all native upland mature habitats. She stated that they flipped the parking lot from the east side to the west side. They have moved the tot lot away from the street, to the back of the club house and added a built-in generator to the club house. They have eliminated the multi-sport court and in an area that was supposed to be re- vegetated in the Upland, they have created a multi-purpose, grass ball field with an average dimension of 140 feet by 100 feet. The area that originally was supposed to be re-vegetated will be re-vegetated in the bare areas. She stated that there is Brazilian Pepper on the property line, which they will replace that with native understory. She stated that they will preserve the palm clusters and will not be getting rid of them. 12-08-2005 P&Z 9 Chairman Grande asked if there were questions of the applicant. Ms. Hammer asked if this is a gated community. Ms. Julia Shewchuk stated that this is a gated community and there will be security and electronic gates which will need codes to get in and out. Chairman Grande opened the public hearing. Mrs. Margaret Bill Trainer stated that she is most concerned with the back of her property. Her property is located in front of the proposed development. She stated that she is concerned about drainage issues, as well as, water flooding her property because of the proposed development being built and mounded higher than their property. She also has concerns about the fence and is not in favor of a chain linked fence. She would like guarantees showing that the drainage would be taken care of. Mr. Flores stated that the applicant is required to have a South Florida Water Management District permit, as well as a St. Lucie County storm water permit. They also must follow the local guidelines as well as retain their water on their own site. Mr. Flores stated generally fences can be on the property line. He stated that it is up to this board to determine what type of fence will be built. Mr. Tom Gladwin stated that he lives on the south west corner. He stated that the townhouses were moved into his neighborhood from the U-Vista court area. He stated that he would recommend that the pond be wrapped around in between both the property near U-Vista and their property. He stated that he is not happy with the way the applicant is developing this site. He stated that there are better options out there that would soothe the issues that all of the existing neighbors have concerns about. Mr. Mike Score (engineer of the project) stated that they can move the lake, size must stay the same size and the dimensions must meet the minimum requirements of the South Florida Water Management District. He stated if they reshuffle this site plan, they will lose units in the townhouses. He stated that the lake is conveniently located to catch drainage from the road, which is an economical design and if the lake is removed, the economics will be lost. Mr. David Tubeck stated that they do not understand the need for the buffer. He stated that he agrees with the previous public speaker. Mr. John Schmidt (Landscape architect for this specific project) stated that the property line is 75 foot to the nearest home. At the property line they are proposing a five feet high, chain linked fence, and on the backside of this will be a continuous native hedging 12-08-2005 P&Z 10 material, as well as a layering of native Canopy trees which will be 30 feet on the center, running on the property line. He stated that there is a slight swale in the first ten feet of the property line. In meeting with the neighbors, they agreed to help out with any drainage issues that occur within that first ten feet. Mr. Lounds stated that the applicant should consider asking the residents what they would like to see in their area when it comes to using a fence as a buffer and a vinyl chain-liked view on their side with native hedges on the other side. Mr. Daren Robinson stated that he would rather have a thick hedge with the fence against the hedge, and the fence on their side. This way, no one would be in their backyards trimming their hedges. He stated that the applicant told them that the houses behind them will be single-story dwelling units, and he added that he would like for it to stay that way. Chairman Grande asked the applicant if he can address the comment made about the single-story dwelling units. Mr. Ferguson stated that this decision has not been made and will be made at the final review period. Mr. Chris Langel stated that he is here on behalf of his mother and he agrees with what Mr. Gladwin stated. He stated that the natural buffers that they have now are what they Mr. Langel stated that their needs should be accommodated because they are just as important as the developer. He stated that he also has concerns about the traffic. Currently Jenkins Road is very congested and there is a lot of volume on it. Chairman Grande stated that the developer will provide a traffic study to the County and the County will review the traffic study and determine whether or not the number of trips that will be added, will push the road over its capability. For the record, Mr. Langel stated that he grew up in this area and as a kid he has seen chemical containers in the lakes and the ponds. He stated that the tenants that ran the nursery prohibited any fish to be eaten or taken out of the pond, for the well being of the community. Mr. Langel recommended that environmental studies be done in this area. Mr. Pat Langel stated that he represents himself and his mother who is a widow and has been living in the area for a long time. He stated that the townhouses that the applicant is proposing to build are traffic and the wall. Mr. Renaldo Peres stated that he shares the same opinion as the Langels and Mr. Gladwin. 12-08-2005 P&Z 11 For the record, Mr. Peres stated that the applicant went about 130 feet onto his property and cut down some trees without his permission. He stated that the applicant has not done anything to compensate him for cutting down the trees on his property. He added he liked the woods that he had in his backyard before the applicant cut the trees down. He also added that the applicant also left big holes in his yard, when they cut down the trees. He stated that he is unable to get into his backyard to cut the grass because of the holes that the applicant left. Chairman Grande told Mr. Peres that he what his civil rights are in regards to the applicant intruding onto his property and cutting down the trees in his yard. Ms. Susie Caron stated that she lives in the North County area and she is the person that conducted the road study. She stated a project was approved in her area and the developers are working with the residents to see what their desires are and what they would like to see done in their community. Ms. Caron stated that the developer needs to address the concerns of the surrounding residents. She also stated that the proposed project is not compatible with the existing surrounding land uses. She added that the traffic issues need to be addressed. Mr. Hearn asked Ms. Caron what her traffic study indicated, in comparison to the current traffic report on Emerson Road. Ms. Caron stated that her traffic report revealed that the current traffic report is incorrect and false. She stated that the traffic is much denser. In regards to the property owners on U-Vista and the drainage concerns, Mr. Ferguson stated that they will attempt to accept as much of the run-off as possible, that is coming south, and run it through the drainage system of the proposed project. He stated instead of putting a berm in the cross section which would act as a dike, there is a swale there that can be maintained at the existing ground level. In regards to the environmental issues, a Phase I and a Phase II environmental assessment was done on the property, prior to acquiring the property. This included multiple soil borings in the primary areas where there may have been concerns such as the old saw mill that was on the site and in the citrus grove, as well as, in the natural landscaping area. He stated that the environmental assessment came back clean and they did not find anything. A traffic report was done on the site and it was submitted to the County, wherein it paHe added that they will be donating an additional right-of-way along Jenkins Road. 12-08-2005 P&Z 12 Mr. Ferguson stated that they will be paying impact fees. He stated that there is access into the site on Peterson Road. He added Peterson Road is being improved, from Jenkins Road to Hartman Road because of the many developments in this area. This will allow access for traffic wanting to go south or towards Ft. Pierce. Mr. Ferguson stated that they will get together with the Langels and try to work something out in regards to what all of the parties agree is the best solution for the property line, prior to this recommendation getting to the Board of County Commissioners. He stated that they are agreeable to move the townhomes to the northwest, if the County Environmental Resources and the Growth Management Department agrees also. He stated that thestaff report and respectfully request that this be forwarded to the Board of County Commissioners . Chairman Grande asked if there were questions of the applicant. Mr. Knapp asked who is improving Peterson Road. Mr. Score, the engineer for the project, and the Bent Creek project, stated that they are presently building Peterson Road. Mr. Knapp asked if they were building turning lanes on both the left and right turns on Jenkins Road that go into the proposed property. Mr. Score stated yes. He stated that they are widening Jenkins Road sufficiently enough to get the additional laneage to provide the turn lanes. Ms. Hammer asked Mr. Ferguson if they will work with the Langels and their mother with their concerns, as well as Ms. Margaret Trainer and her concerns about not wanting a chain linked fence. Mr. Ferguson stated that they will continue to work with the all of the residents and try to come up with a solution that works for everyone. In reference to future concerns, Ms. Hammer stated that when someone comes in and goes into an agreement of sale, there should be an attachment of a designated map, which shows exactly where the preserve area is, along with the rules and regulations of how they have to maintain the property. This will inform purchasing individuals of future land uses and land designations on properties. The individuals can determine whether or not they would like to purchase the property and, this will avoid property owners from being surprised by a use maintenance requirement. Mr. Ferguson stated that they understand and will look into the best way to address this concern. 12-08-2005 P&Z 13 Ms. Hammer stated that the date on the maps that they received is incorrectly dated 5/24/2005. When this application was reviewed the Planning and Zoning Commission in October, this was not the plan that they reviewed. She stated accurate and corrected. Mr. Ferguson stated that this will be corrected. Chairman Grande closed the public hearing. Mr. Lounds stated 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 EH Building Group II LLC for a Change in Zoning from the RS-3 Zoning District to the PUD-Whispering Oaks Zoning District. He stated that he feels that it creates a transition between the residential area that is being developed on the south side of the proposed project and the commercial development that being developed on Orange Avenue. He stated that he makes this motion providing that the comments, along with the seven conditions and any other special conditions, and the considerations be adopted as part of this motion for the residents and changes made on the north end of U-Vista. He added that he strongly urges that the developer talk Langels about the consideration of moving Tall Pine Court to be extended to Pine View, providing that it does not interfere with some of the lso that they work with the County to provide that alternative design. He asks that the Landscape Architect contact the St. Lucie County Agriculture/County Ageffice and find out what is considered the best native plant material instead of tropical growth material, because the latter will be subject to freeze and poor viability. Ms. Hammer stated that she will second the motion and add as a condition that this item not go to the County Commission until accurate have been reviewed and proofed by a planner in Growth Management and attached to this item. Mr. Lounds stated that he The roll was called. 12-08-2005 P&Z 14 Mr. Mundt voted for the motion. Ms. Morgan voted for the motion. Mr. Hearn voted against the motion and stated that he is not comfortable with the amount of density in this area, with the traffic that is on this road. He added that he does not agree that this project is compatible with the neighborhood at this point and time. Mr. Knapp voted against the motion. Ms. Hammer voted for the motion. Mr. Lounds voted for the motion. Mr. Grande voted for the motion. Chairman Grande stated that this item will be forwarded to the Board of County Commissioners with a recommendation of approval. Ms. Hensley stated Ms. Young is the legal council of a 25 year plan currently being put together by the MPO Department. She stated that this plan shows the need for the future in the aggregate with the land use. She suggests that staff be provided access to this so that they will be able to provide more specific figures in answering questions regarding this. 12-08-2005 P&Z 15 Agenda Item 6: Jasmatie Jailall CU-05-014: Andrew Riddle presented this item. He stated that this is the request of Jasmatie Jailall for a Conditional Use Permit to allow the retail sale of undistilled alcohol, which is beer and wine only, in the Commercial, Neighborhood Zoning District. The surrounding zoning is Agricultural (1 dwelling unit per 2.5 gross acres). The subject property is located at 13235 OrangeAvenue and is currently utilized as a food store. The retail sale of undistilled alcohol is allowed as a conditional use in the Commercial, Neighborhood Zoning District, subject to the approval of the Board of County Commissioners. No sales of distilled alcohol or liquor shall be permitted. Staff finds that this petition meets the standards of review as set for in Section 11.07.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that this petition is forwarded to the Board of County Commissioners with a recommendation of approval. Chairman Grande asked if there were questions of staff. Mr. Lounds asked if servicing the electricity. Ft. Pierce Utilities Authorities will be Mr. Riddle stated yes. He added that the water will be supplied by a well. Ms. Morgan asked if the applicant is currently selling other items on the site as well. Mr. Riddle stated yes. Chairman Grande opened the public portion of the hearing to the applicant. Ms. Jasmatie Jailall stated that she moved to St. Lucie County about four years ago and purchased some property and asked the County what she was able to develop on the property. She stated that the County told her that she would be able to open a food store and sell all of the products that were sold on the property by the previous owners. She stated that the store used to be called the Dike Store, and the previous owners sold guns, liquor, tobacco and beer etc. Chairman Grande asked if there were questions of the applicant . Mr. Hearn asked if she resides at the store location also. Ms. Jailall stated yes. She stated that her trailer is behind the store. Chairman Grande opened the public hearing. 12-08-2005 P&Z 16 Mr. Ray Griben stated that he lives adjacent to the subject site and is in favor of this permit. He added that when the Dike Store was in operation, they sold beer, wine, cigarettes and food etc. He also stated that the applicant has improved the facility and enhances the neighborhood with her business in the neighborhood. Chairman Grande closed public hearing. Mr. Hearn asked if liquor was previously sold on that property. Mr. Flores stated that there may have been a conditional use permit on the property when used throughout a whole year. Mr. Lounds pointed out the surrounding stores of the proposed site also sell beer and wine. Mr. Hearn stated including staff comments in the standards of review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend to the St. Lucie County Board of County Commissioners that they grant approval to the application of Jasmatie Jailall for a Conditional Use Permit to allow the retail sale of undistilled alcohol, beer and wine in the CN (Commercial Neighborhood) Zoning District. He stated that the location appears to be the appropriate place for the proposed use and there also is a historic use on the subject property for a similar application. Ms. Morgan seconded the motion. The roll was called. Mr. Mundt voted for the motion. Ms. Hammer voted against the motion. Mr. Lounds voted for the motion. Mr. Knapp voted for the motion. Ms. Morgan voted for the motion. Mr. Hearn voted for the motion. Mr. Grande voted for the motion Chairman Grande stated that this application will be forwarded to the Board of County Commissioners with a recommendation of approval. 12-08-2005 P&Z 17 Agenda Item 7: Vernon Dixon CU-05-012: This item was presented by Andrew Riddle. He stated that this is the request of Vernon M. Dixon II for a Conditional Use Permit to allow for the construction and operation of a Car Wash facility in the Commercial, Neighborhood Zoning District. The surrounding zoning is Residential, Single-Family - 4 to the west and east, and Commercial, Neighborhood to the north and south. The subject property is located on the west side of th North 25 Street, approximately 250 feet south of Juanita Avenue. Car washes are allowed as a conditional use in the Commercial, Neighborhood Zoning District, subject to the approval of the Board of County Commissioners. The proposed site plan includes four self-service car wash bays and one automatic car wash bay. Extra landscaping and an 8 foot high masonry wall are proposed to create a buffer from the residential area to the west. Staff finds that this petition meets the standards of review, as set forth in Sections 11.07.03 and 07.10.22 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that this petition is forwarded to the Board of County Commissioners with a recommendation of approval. Chairman Grande opened the public portion of the hearing to the applicant. Mr. Joe Friscia, the agent for Mr. Vernon Dixon stated staff did a good job showing how they have met the conditions that were required and stated that he does not have anything to add but is available for questioning. Chairman Grande asked if there were any questions of the applicant. Mr. Lounds asked if the applicant will be providing on site security at night time and if the car wash will be open twenty-four hours a day. Mr. Vernon Dixon stated that the car wash will be open twenty-four hours and an attendant is on the site from 7:00 AM to 11:00 PM, however, there will not be an attendant on the site for twenty-four hours. Mr. Knapp asked if there is an exit or entrance into the site from Academy Drive. Mr. Dixon stated that there is no entrance because it was against the Code, so they replaced it with the masonry wall instead. He added that they also have a walk-up gate that residents may access to get onto the site. Chairman Grande stated because this is a twenty-four hour operating car wash, he would like to add the condition that the lights from this site will not be directly visible or spill over into the residential property on Academy Drive. 12-08-2005 P&Z 18 Chairman Grande opened the public hearing. Mr. Charles Spates stated that he resides within the area of the subject property and is in favor of the car wash. Chairman Grande closed the public hearing. Ms. Hammer stated including staff comments and amended information in the standards of review as set forth in Section 11.07.03 of the 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 Vernon M. Dixon II for a Conditional Use permit to allow for the construction and operation of a car wash facility in the CN (Commercial, Neighborhood) Zoning District. She stated that this use is a good fit for the subject location and the applicant has a proven tract record in the community. Chairman Grande asked that the maker of the motion add the condition that the lights will not be directed or spill over into the residential properties on Academy Avenue. Ms. Hammer agreed to add the condition. Mr. Knapp seconded the motion. Chairman Grande asked if there were any discussions on the motion. Mr. Hearn stated that he will be voting in favor of this application, but he has deep concerns about the proximity of the surrounding neighbors who reside behind the car wash. The Roll was called. Mr. Mundt voted for the motion. Mr. Hearn voted for the motion. Mr. Lounds voted for the motion. Ms. Morgan voted for the motion. Mr. Knapp voted for the motion. Ms. Hammer voted for the motion. Mr. Grande voted for the motion. 12-08-2005 P&Z 19 Chairman Grande stated that this will be forwarded to the Board of County Commissioners with a recommendation of approval. 12-08-2005 P&Z 20 Agenda Item # 8: Charles Sabin CU-05-013: Hank Flores stated that this is the application of Charles Sabin for a Conditional Use Permit to allow for the application of a household goods warehousing and storage mini warehouse facility in the Commercial General Zoning District. The property is located on the east side of South U.S. 1, approximately 300 ft north of Savanna Club Boulevard. The project is to be known as Martin Self Storage. Household goods, warehousing and storage mini warehousing are allowed as conditional uses in the Commercial General Zoning District, subject to the approval of the Board of County Commissioners The proposed project consists of a total of 90,384 square feet. Staff finds that the petition meets standards of review as set forth in the Land Development Code and is not in conflict with the Comprehensive Plan. Staff recommends that this petition be forwarded to the Board of County Commissioners with a recommendation of approval, subject to three limiting conditions. Chairman Grande asked if there were questions of staff. Chairman Grande opened the public portion of the hearing. Charley Sabin stated that they have met with the Home Owners Association and discussed the concerns about drainage problems in the subject area and have also met with the South Florida Water Management District wherein they have addressed a way of solving those drainage issues. He stated in the operation of a storage business, they have little impact and hours of operations are limited. He added that they are very friendly to adjacent neighbors because their lights do not shine into the adjacent neighborhoods and the traffic is very low. There are on site resident managers who live at the facility. They do not allow bands on the facility and there is no electricity in the units. Mr. Sabin stated that the president stated that her enthusi He stated that they are still working on some of the drainage issues. Mr. Sabin stated that there is a large box culvert out-fall through U.S.1 on the north side of the property. He stated that the South Florida Water Management District is looking into this matter to see if it was built at the correct elevation. It appears to be lower than Chairman Grande asked if there were questions of the applicant. 12-08-2005 P&Z 21 Mr. Hearn asked what the hours of operation were. Mr. Sabin stated that they open at 6:00 A.M. and they shut down the gates at 10:00 P.M. He stated that there is humidity control in the facility. Mr. Hearn stated that he would like to add the hours of operation of 6:00 A.M. to 10:00 Mr. Friscia, engineer for the project appeared before the Board and stated that they will be using the back wall of the facility, which is approximately twelve feet high, as their buffer wall and they will put the fence along the property line where there are no buildings. Mr. Mundt asked how far is the wall from the property line. Mr. Friscia stated 20 feet. Mr. Hearn asked if it is a setback requirement for the wall to be 20 feet from the property line. Mr. Friscia stated that it is. He added that it is a native preserve and they are preserving trees throughout that area. Mr. Knapp stated in the plan, there is a lake at the southeast end of the property. He asked if something had been done to get all of the water from the subject property down to the lake without going anywhere. He asked if the applicant was digging a ditch. Mr. Friscia stated no. He stated that there is an underground piping system in that area. Mr. Knapp asked how the water is going to get into the pipes. Mr. Friscia stated that the water goes out the other way. He stated that the water comes in through the north to the south and then it goes out through the south to the north. He stated that the piping goes through the site, then it will carry the out-fall through the north through the DOT right-of-way. Mr. Knapp asked if there were pumps that are going to pump it. Mr. Friscia stated that the water will flow both ways by a hydraulic head. The pipes are put into the ground and then are inverted. There is a different elevation where the water is coming one way in comparison to it going the other way. Mr. Knapp asked if the water system was under the ground or under the concrete. Mr. Friscia stated that it was under the ground. He stated that the piping system will be a system of inlets which will be connected by pipes. The pipes are connected to the lake. 12-08-2005 P&Z 22 He stated that there are box culverts going under U.S.1 out to the river which flow into an open discharge. Chairman Grande stated that he would like to add the same condition into this project as he did with the previous item wherein he asked that the lights from this site will not be visible or do not spill over into the residential area behind the storage. Chairman Grande opened the public hearing. Mr. Karl Lalletta stated that the subject property is a natural preservation wetland area. He stated they are concerned about the area because it floods. He stated that there is also a Gopher Turtle preserve on the subject property as well. Chairman Grande asked if the property has been environmentally examined and if the drainage issue had been looked at. Mr. Flores stated yes. The FDOT and the South Florida Water Management District indicated that the subject area meets all of the criteria required for water, state and local codes. Chairman Grande asked if the preservation of the Gopher Tortoises issue will be addressed. Mr. Flores stated yes. He added that there appear to be two active Gopher Tortoises on the property. Mr. Joe Cowet stated that the subject property is in wetland preservation. He stated that the drainage may be okay, but the drainage of the wetlands may not be easy to drain. Mr. Flores stated that the Environmental Resource Department reviewed the project and nothing has been mentioned about wetlands. The only limitations that have been included are the three added conditions of approval. In regards to the wetlands, Mr. Flores stated that the Environmental Resource Department referred in the staff report to the isolated wetland on the parcel which reads as follows: additional depressional area on the northeast corner does not bring the total Mr. John Petri stated that he has concerns about the drainage and flooding. He stated that they were told that if this request was approved, then they will flood. He stated that he has concerns about the animals and the structure of the buildings in this area. 12-08-2005 P&Z 23 Chairman Grande stated that he has not seen any mention of the species that live in the area, but Mr. Petri for further information and concerns about the species in this area. Mr. Sabin stated that they have addressed the wetland concerns and they plan to protect the wetlands. Mr. Friscia stated that they have discussed the drainage concerns and have a South Florida Water Management District permit that is due to be issued any day now. He stated that their minimum Finished Floor Elevation is elevation eighteen and all of the surrounding homes are well above elevation eighteen. Chairman Grande closed the public hearing. Mr. Mundt asked the applicant to explain the landscaping proposals. Mr. Friscia stated that they have a tree every 30 feet on the property. He also stated that there are live oaks on the property and a continuous hedge of Viburnim between them. Chairman Grande asked that if the maker of the motion makes a recommendation to pass the hours of operation and that they be from 6:00 A.M. to 10:00 P.M., also a fifth condition stating that the lights do not directly impact or spill over into the residential properties next door. Mr. Hearn stated in Section 11.07.03. of the 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 Charles Sabin for a Conditional Use Permit to allow for the operation of a household good warehousing, and storage mini warehouse facility in the CG (Commercial, General) Zoning Districtstated that it appears that all of the concerns have been addressed and that it would be a good fit in the conditions and the two added conditions. Mr. Lounds seconded the motion. The roll was called. Mr. Mundt voted for the motion. Ms. Hammer voted for the motion. Ms. Morgan voted for the motion. 12-08-2005 P&Z 24 Mr. Knapp voted for the motion. Mr. Lounds voted for the motion. Mr. Hearn voted for the motion. Mr. Grande voted for the motion. Chairman Grande stated that this petition will be forwarded to the Board of County Commissioners with a unanimous recommendation of approval. 12-08-2005 P&Z 25 Agenda Item 9: Development LLC PUD-05-009/RZ-05-010: Hank Flores stated that this is the application of Development for a change in zoning from the Hutchinson Island Residential District Zoning District to the Planned Unit Development Zoning District and Preliminary Planned Unit Development approval for the project to be known as . The property is located on the west side of South A.1.A., directly across from the Atlantis Condominiums. The applicant is proposing a residential development of twenty-four multi-family units in eleven buildings. The proposed planned development maintains the west 10.39 acres in conservation. The proposed project also indicates an access path through the wetland area and a proposed eleven slip boat dock. A beach access easement has been provided on the east side of South A.1.A., and on the south side of the Claridge-by-the-Sea Condominium. Staff has determined that the petition meets standards of review as set forth in the Land Development Code and is not in conflict with the Comprehensive Plan. Staff recommends that this petition be forwarded to the Board of County Commissioners with a recommendation of approval, subject to eight limiting conditions. Chairman Grande opened the public portion of the hearing. Mr. Dennis Murphy stated that the proposed project is consistent with the existing developments that surround it, and that they are requesting a PUD because it is for the purpose of the proposed property use. He stated that they plan to sell the community in a fee simple format and subdivide the property. He added that this can not be done under the current HIRD zoning district. Mr. Murphy stated that their property consists of approximately 14.39 acres and has two separate land uses (RU-allows up to five units per acre and RC-allows the development density of 0.2 units per acre). He added that they have 11.21 acres of land that is above mean high water. He stated 7.98 acres of that are in RU designation and 3.23 acres is in the RC designation. He stated the majority of the units are two-unit buildings, but they have two three-unit buildings. He stated that they are servicing these units with a central parking court. He stated that this will be done in a paver brick or paver stone. He stated that the community will consist of individually owned units. He stated that they are seeking the approval from the State of Florida for the construction of eleven boat docks, which will be located in the southwest portion of the project on the Indian River. Mr. Murphy they will be conforming to all applicable St. Lucie County standards, in regards to the drainage issues, and to all of South Florida Water Management District and DEP discharge criteria. He stated that the proposed project will be accepting run-off 12-08-2005 P&Z 26 from A.1.A., and running it through their treatment systems before it is discharged into the Lagoon. Mr. Murphy stated as a part of their project, they will be constructing a new habitat transition area between uplands and wetlands along the western edge. Water service will be provided by the sewer service will be Ft. Pierce Utilities Authority, provided by St. Lucie County, and the development will be taking reuse water back for irrigation purposes as required. They have met with the Fire District, as well as the School Board, and the Department of Transportation and have worked out all of the main concerns. He stated that the additional twenty-four units that they are proposing to develop will not affect the evacuation system on Hutchinson Island. They are in agreement with the staff report. They do not have any dune preservation on their property. Chairman Grande asked if there were questions of the applicant. Ms. Hammer stated that there is a new solar unit roofing system available, and she suggests that the applicant takes a look into this and see if he would like to incorporate this system into this project as state of the art design. Mr. Murphy stated that they will take a look into that. Mr. Mundt asked if the Home Owners Association will be responsible for the maintenance in the preserve area. Mr. Murphy stated yes. Mr. Mundt asked about the mitigation credits. Mr. Juan Bernedes, one of the owners of the project, stated that they have made an agreement with the County to purchase two mitigation credits from Bear Point and that they have made the appropriate deposits and purchase agreements with the County. Mr. Hearn asked how much the mitigation credits cost. Mr. Bernedes stated approximately $100,000 each. Mr. Lounds stated if the ditch collapsed then the water would escape and decrease the stagnation which creates the whole area. He asked Mr. Murphy if this was part of their plan or development, for the ditch to collapse. Mr. Murphy stated as you move to the western part of the development that is a factual statement. He stated that they are not sure how the ditch was created and knocking it down will not help the flow matters. 12-08-2005 P&Z 27 Chairman Grande stated that the property located south of the proposed project has a asked if the docks collided or meet at any point. Mr. Murphy stated that they have looked into it and do not intend to promote boat crashing. He stated to the best of their knowledge, they are not conflicting with the dock on the south side of their property. Chairman Grande stated if the proposed project was a HIRD property, they would be responsible for the alternate impact fees on South Hutchinson Island Residential District South. Ms. Young agreed. He added that the alternate impact fees are more expensive than the normal road impact fees. He aske they develop under PUD. Mr. Flores stated no. He stated that the applicant will still be subject to all of the road impact fees as if the property were zoned HIRD. Chairman Grande stated as HIRD property, the applicant would be paying more on impact fees than they would for any other property. He asked if they grant a change in zoning from HIRD to PUD, is the applicant escaping the alternate impact fee. Mr. Murphy stated in his opinion they will be escaping the alternate impact fees, because under HIRD, the impact fees apply only in the HIRD. However, under a PUD, this will not apply. Chairman Grande stated when the HIRD designation was created, all of the residential properties in the HIRD designation were to stay under the HIRD designation. He stated them to do fee simple sales and get away from setbacks, then the County may be giving up approximately $100,000 of impact fees that they would get if this request is not granted or approved. Mr. Bernedes stated that they are not trying to circumvent that regulation. He stated in their planning they were assuming that using the one credit per acre will give them a certain amount of credits and then they would pay an incremental of the $13,000. Mr. Flores stated that in the past the County has enforced the alternate development fee Island. Chairman Grande opened the public hearing. 12-08-2005 P&Z 28 Ms. Young announced that staff has received two letters from surrounding residents expressing their concerns about the proposed project. One of the letters is from Ms. Steiner, an owner of Atlantis Condominium who stated that the proposed project needs to include a swimming pool so that the residents do not use their swimming pool. The other letter is from the president of the Board of Directors from Claridge by the Sea, indicating their concern about increased density, the impact on traffic, as well as safety for the incoming residents of , in regards to them crossing the street to access the beach. Chairman Grande closed the public hearing. Mr. Knapp statedng, including staff comments and the standards of review as set forth in the Section 11.06.03 of the 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 Development LLC for a change in zoning from the HIRD (Hutchinson Island Residential District) Zoning District to the PUD (Planned Unit Development- ) stated that this looks like a very nice project for south beach. Ms. Hammer seconded the motion. Mr. Mundt voted for the motion. Mr. Hearn voted for the motion. Mr. Lounds voted for the motion. Ms. Morgan voted for the motion. Ms. Hammer voted for the motion. Mr. Knapp voted for the motion. Mr. Grande voted for the motion. He stated that he intended on voting against this item, but since Mr. Lounds is voting for construction on the island, he will give into Mr. Lounds favor on the project. Chairman Grande stated that this application will be forwarded to the Board of County Commissioners with a unanimous recommendation for approval. 12-08-2005 P&Z 29 Agenda Item 10: Harold Martek RZ-05-023: Wendy Clark stated that this property is located in the South Indian River Drive area, which is south of Walton Road. The reason for the requested rezone is to re-subdivide the property into two building lots. Currently as it stands, it is not possible to divide the property into two conforming lots, based upon the inability to comply with the 100 feet minimum road frontage which is required by the Residential Estate-2 Regulations. By rezoning to RS-2, the minimum road frontage required, is 30 feet Therefore it will be possible to re-subdivide the property into two conforming lots. As proposed, the RS-2 is consistent with the Comprehensive Plan and staff is recommending that this application be forwarded to the Board of County Commissioners with a recommendation of approval. Chairman Grande asked if there were questions of staff. frontage to meet criteria. Ms. Clark stated that is correct. Chairman Grande opened the public portion of the hearing up to the applicant Mr. Murphy stated that their property is currently classified as being in the RE-2 (Residential, Estate-2 dwelling units per acre) Zoning District and has a 100 foot road frontage requirement. He stated that the 100 foot road frontage requirement was created for most of the properties along the drive that matched the 100 foot designation. Currently they have some parcels that have been assembled and these properties do not have the 100 foot road frontage. Therefore, they would like to divide their property into two. Mr. Murphy stated that they respectfully request that their petition be forwarded to the Board of County Commissioners with a recommendation of approval. Chairman Grande opened the public hearing. No one spoke. Chairman Grande closed the public hearing. 12-08-2005 P&Z 30 Mr. Lounds stated after considering the testimony presented during the public hearing, including staff comments in the standards of review as set forth in the Section 11.06.03 of St. Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that St. Lucie County Board of County Commissioners grant approval to the application of Harold Martek from the RE-2 (Residential, Estate-2 dwelling units per acre) Zoning District to the RS-2 (Residential, Single-Family-2 dwelling units per acre) Zoning District different lots and he feels that this is a good idea. Mr. Hearn seconded the motion. All in Favor. None opposed. The motion passed unanimously. Chairman Grande stated that this application will be forwarded to the Board of County Commissioners with a unanimous recommendation for approval. Hank Flores added that although the last project was rezoned to PUD, they are still subject to the alternate development fees. Other Business: Chairman Grande stated that the Planning and Zoning Commission members will not be acting on the previous minutes. The minutes must be correct and proofed before being brought back. They asked that the minutes be proofed and corrected by a member of staff before they are sent to the Board of County Commissioners if they will not meet deadlines to be reviewed and approved by the Planning and Zoning Commission/Local Planning Agency. Mr. Kelly suggested that it will take approximately two weeks for the minutes to be complete. Chairman Grande stated that they would like to set up a system wherein no items are scheduled to be heard before the Board of County Commissioners if the minutes have not been approved by the Planning and Zoning Commission. The next meeting is January 19, 2005. The Chairman requested the Legal Department to provide a workshop for the Planning and Zoning Commission to explain what is expected Planning and Zoning Commission member Carson McCurdy resigned and the Planning and Zoning Commission board members expressed their sincere gratitude for all of the 12-08-2005 P&Z 31 hard work that Mr. McCurdy contributed to the Planning and Zoning Commission/Local Planning Agency throughout the years. Mr. Kelly introduced Mr. Gil Backenstoss, who is the New Assistant Director of Growth Management. HIS MEETING WAS ADJOURNED AT 10:43 P.M. T 12-08-2005 P&Z 32