HomeMy WebLinkAboutMinutes 08-17-2006
1 St. Lucie County
2 Planning and Zoning Commission/Local Planning Agency
rd
3 Commission Chamber, 3 Floor, Roger Poitras Annex
4 August 17, 2006 Regular Meeting
5 6:00 PM
6
7
A DVD recording of this meeting, in its entirety, has been placed in the file with these minutes as part of the record.
8
AGENDA
9
10
PLEDGE OF ALLEGIANCE
11
12
CALL TO ORDER
13
14 Chairman Hearn called the meeting to order at 6:03 pm.
15
ROLL CALL
16
17
18 Present
19 William Hearn .................................. Chairman
20 Ramon Trias ..................................... Vice Chairman
21 Susan Caron ...................................... Board Member
22 Charles Grande ................................. Board Member
23 Pamela Hammer ............................... Board Member
24 John Knapp ....................................... Board Member
25 Edward Lounds ................................. Board member
26 Stephanie Morgan ............................. Board Member
27 Craig Mundt ..................................... Board Member
28
29 Absent
30 Kathryn Hensley .............................. St. Lucie County School Board (Ex-Officio)
31
32 Roll was called and all members were present except for Ms. Hensley.
33 Ms. Hammer arrived at 6:20pm.
34
STAFF PRESENT
35
36 Bob Nix ........................................... Growth Management Department Director
37 Gil Backenstoss ............................... Assist. Growth Management Department Director
38 Heather Young.................................. Assistant County Attorney
39 Hank Flores ...................................... Planning Manager
40 David Kelly ...................................... Planning Manager
41
ANNOUNCEMENTS
42
43 No announcements were made by either Board members or staff.
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Page 1 of 10
DISCLOSURES
1
2
3 Agenda Item 7.
4
5 Mr. Knapp announced that he spoke to the representative of the applicant on Agenda
6 Item 6: Smigiel Partners IX, LTD.
7
AGENDA ITEM 1: Minutes
8
9 The minutes from the June 29, 2006 regular meeting.
10 Mr. Lounds moved approval of the minutes; Mr. Grande seconded.
11 Motion carried unanimously.
12
AGENDA ITEM 2: Minutes
13
14 The minutes from the July 20, 2006 regular meeting.
15 Mr. Backenstoss explained that Ms. Hammer requested minor revisions; those revisions
16 have been made. He requested that those revisions be included in the motion.
17
18 Mr. Mundt moved approval of the minutes; Mr. Lounds seconded.
19 Motion carried unanimously.
20
21 Mr. Hearn questioned whether or not the applicant requested that Agenda Item 5:
22 Smigiel Partners VI, LTD. RZ 06-022 be continued. Mr. Flores confirmed that the
23 applicant has requested that the item be pulled. The public hearing will not be opened
24 tonight. Ms. Young confirmed that this application will be re-advertised.
25
AGENDA ITEM 3: The Preserve PUD 06-001
26
27 Mr. Kelly gave a brief explanation that the applicant has requested this item be continued
28 and that
29
30 Jonathon Ferguson, with the law firm of Ruden McClosky, et al, on behalf of the
31 applicant, spoke briefly and requested that this item be continued to the September 21,
32 2006 P&Z meeting.
33
34 Mr. Knapp motioned approval; Mr. Trias seconded.
35 The motion carried unanimously.
36
AGENDA ITEM 4: MLF Properties CU 06-010
37
38 Presented by Hank Flores, Planning Manager, this is a petition for a Conditional Use
39 Permit to allow the operation of a motor vehicle body repair shop in the CG (Commercial
40 General) Zoning District. The subject property is located at 5851 South US Highway No.
41 1, Fort Pierce. Mr. Flores went on to state that staff recommends that this Board forward
42 a recommendation of approval to the St. Lucie County Board of County Commissioners.
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44
45
Page 2 of 10
1 Eddie Beckht, representing the applicant, spoke briefly and explained that the
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2 Conditional Use Permit is for the body shop only. The applicant has already received
3 approval with regards to the other aspects of the development.
4
5 The Board members spoke, at length, with regards to the buffer being proposed on the
6 all. Discussions
7 ensued.
8
9 There were also discussions as to the noise factor. There were concerns with the noise
10 that an establishment of this type generates. Discussions ensued.
11
12 Ms. Hammer commented that in her brief review of the site plan that the dumpster should
13 be placed closer to the business rather than the residential lot adjacent to this project (as is
14 shown now). She also commented that she does not like having documents distributed
15 the night of the meeting without having appropriate time to review them.
16
17 Mr. Hearn opened the public hearing.
18
19 Robert Wiseman, with Walton River Company, managing agent for Chez Nous Park,
20 located just west of this property, distributed documents to the Board and spoke briefly in
21 opposition to this application. His concern is that the applicant has not complied with the
22
23 residential developments, along with the landscaping requirements in connection with the
24 buffer, drainage from the site and he expressed concerns with the lighting being proposed
25 at the site.
26
27 There was no other public comment. Mr. Hearn closed the public hearing.
28
29 There were further discussions between staff and the Board.
30
31 Mr. Lounds moved that the Planning and Zoning Commission recommend that the St.
32 Lucie County Board of County Commissioners grant approval to the application of MLF
33 Properties for a Conditional Use Permit, conditioned on an opaque masonry wall,
34 landscaping designed by a landscape architect with 60% on the residential side; and that
35 the applicant consider the use of lighting as brought up by Mr. Wiseman.
36
37 Mr. Hearn requested that the motion be amended to include that hours of operation be
38 limited to 7am until 7pm with the same being for dumpster pick up, etc. Mr. Beckht
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39 suggested 7am until 9pm. Mr. Lounds included that in his motion.
40
41 Mr. Grande seconded the motion.
42
43 Roll Call
44 Mr. Lounds Yes
45 Mr. Grande Yes
46 Mr. Mundt Yes
Page 3 of 10
1 Mr. Knapp Yes
2 Mrs. Morgan Yes
3 Ms. Hammer No; stating that the Board should recommend that the business NOT
4 operate on Sunday, the dumpster should be moved further away from the residential lot
5 and objects to receiving documents at the last minute without adequate time for review.
6 Ms. Caron No; stating that the Board should recommend that the business NOT operate
7 on Sunday.
8 Vice Chairman Trias Yes
9 Chairman Hearn No; stating that the Board should recommend that the business NOT
10 operate on Sunday.
11
12 Motion carried 6-3 with Ms. Hammer, Ms. Caron and Chairman Hearn dissenting.
13
AGENDA ITEM 6: Smigiel Partners IX, Ltd. RZ 06-033
14
15 Presented by David Kelly, Planning Manager. Mr. Kelly explained that this is an
16 application for a change in zoning from RS-3 (Residential, Single Family 3 du/ac) and
17 IL (Industrial, Light) to CG (Commercial, General). He went on to explain that the
18 subject parcel is located on the south side of Orange Avenue, approximately 340 feet
19 west of the intersection of Sandalwood Drive and Orange Avenue.
20
21 Cynthia Angelos, on behalf of the applicant, spoke briefly explaining that the rezoning of
22 these parcels will complete an approved development order and rezonings that were
23 approved in 2004 during the time of Hurricanes Frances and Jeanne. She went on to
24 explain that these parcels were inadvertently excluded in the rezoning of the surrounding
25
26
27 Mr. Hearn opened the public hearing.
28
29
30 explanation.
31
32 No other public comment. Mr. Hearn closed the public hearing.
33
34 Mr. Grande moved that the Planning and Zoning Commission recommend that the St.
35 Lucie County Board of County Commissioners grant approval to the application of
36 Smigiel Partners IX, Ltd. for a change in zoning from RS-3 (Residential, Single Family
37 3 du/ac) and IL (Industrial, Light) to CG (Commercial General) because it will allow for
38 consistency with the Comprehensive Plan and previous Board actions and also allow the
39 applicant to develop the property for future commercial uses.
40
41 Mr. Trias seconded.
42
43 Roll Call
44 Mr. Grande Yes
45 Mr. Mundt Yes
46 Mrs. Morgan - Yes
Page 4 of 10
1 Mr. Lounds Yes
2 Mr. Knapp Yes
3 Ms. Hammer Yes
4 Ms. Caron Yes
5 Vice Chairman Trias Yes
6 Chairman Hearn Yes
7
8 Motion carried unanimously.
9
AGENDA ITEM 7: Board of County Commissioners RZ 04-002
10
11 Presented by David Kelly. This is a request for a change in zoning of the Carroll Collins
12 property from the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District to the
13 HIRD (Hutchinson Island Residential District) Zoning District. The petition is intended
14 to correct an alleged alleged error in the zoning map. The subject parcel is located on the
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15 west side of S.R. A-1-A immediately south of the Ocean Harbor Villas Condominiums.
16 ng Map during the period of 1972 through 1984,
17 which shows the property to be zoned R-4E. In 1984, the Growth Management Policy
18 Plan was adopted, and the new map shows the zoning to be HIRD, which was as directed
19 by the Board of County Commissioners. In 1990, a new map was prepared, and that map
20 incorrectly shows the zoning to be RS-4. No action by the Board, or the County was
21 taken to make that change. Mr. Kelly confirmed that it is his belief that this is simply a
22 drafting error, and that the subject parcel actually should have retained the HIRD zoning
23 designation. Mr. Kelly went on to explain that he has had numerous discussions with the
24 County Attorney regarding this matter. It is being strongly recommended, by the County
25 Attorney, that this Board recommend approval of this zoning change in order to correct
26
27
28 There were brief discussions between the Board and staff.
29
30 Rusty Aiken representing Mr. and Mrs. Collins spoke briefly.
31
32 Mr. Trias questioned development possibilities under the two zoning districts. Mr. Kelly
33 gave a brief explanation.
34
35 Ms. Caron questioned the legal rights of the property owner. Mr. Aiken replied; but Ms.
36
37 Young replied explaining that it is believed that the intended zoning is HIRD on the
38 property, that the map is incorrect and that it would be proper to bring this zoning map
39 change through a public hearing rather than simply change the map without affording the
40 public an opportunity to comment on same.
41
42 There were further discussions between the Board and staff.
43
44 Mr. Hearn opened the public hearing.
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Page 5 of 10
1 The following members from the public distributed documents to the Board members and
2 spoke in opposition to the proposed change in zoning: Ms. Debrah Agnello and Ms.
3 Diane Andrews because of the potential high-density development and the impact such
4 development could have to the surrounding parcels. Also speaking in opposition to this
5 rezoning was Robert Tabor and Bob Lowe.
6
7 Mr. Hearn closed the public hearing.
8
9 There was a lengthy discussion among Board members and staff regarding the suggested
10 mapping error, the current zoning of the surrounding parcels and how far back that
11 zoning designation was in place.
12
13 It was pointed out by Mr. Trias was zoned for single-
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14 family development on the 1972-1984 zoning
15 land was intended to be single-family. In addition, Mr. Mundt pointed out that the 1972
16 -family development can be as unfavorable as
17 strip commercialxpressed their thoughts and doubts that it was
18 in error that single-family zoning was placed on the subject parcel.
19
20 Mr. Lounds moved to recommend that the St. Lucie County Board of County
21 Commissioners deny the request of the St. Lucie County Board of County
22 Commissioners for a change in zoning of the Carroll Collins property from the RS-4
23 (Residential, Single Family - 4 du/ac) Zoning District to the HIRD (Hutchinson Island
24 Residential District) Zoning District because whether or not a mistake was made in the
25 past, it imparts a greater burden to the people living around this piece of property now.
26
27 Mr. Grande seconded.
28
29 Roll Call
30
31 Mr. Mundt Yes
32 Mrs. Morgan No to deny
33 Mr. Lounds Yes
34 Mr. Knapp No to deny
35 Ms. Hammer Yes
36 Mr. Grande Yes
37 Ms. Caron Yes
38 Vice Chairman Trias Yes
39 Chairman Hearn Yes
40
41 Motion carried 7-2 with Mrs. Morgan and Mr. Knapp dissenting on the basis that they
42
43 recommend that the change needed to be made).
44
45 The Board took a break at 8:30 pm and reconvened at 8:40 pm.
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Page 6 of 10
AGENDA ITEM 8.C. Grande Beach North Hutchinson Island, LLC
1
Large Scale Plan Amendment PA 06-004
2
3
4 on these Large Scale 2006 Amendments, Cycle 2, (06-02) and took action on the Carbera
5 application as well as the Airport Maste
6 Board will be hearing only the Grande Beach application.
7
8 Mr. Hearn commented on the letter received with regards to the possible conflict
9 involving Mr. Mundt. Ms. Young confirmed that she believes there could be perception
10 of a conflict of interest and recommended that Mr. Mundt not participate in the hearing.
11 Mr. Mundt was in agreement and recused himself from these proceedings and left the
12 Commission meeting room.
13
14 Mr. Kelly then gave a brief presentation on the application explaining that this is a
15 request for change in Future Land Use Designation from COM (Commercial) to MXD
16 (Mixed Use-Medium Intensity). The subject parcel is located on the northwest corner of
17 the intersection of State Road A-1-A and Marina Drive.
18
19 Bobby Klein, representing the applicant, gave a brief presentation and explained that the
20 question to be answered tonight is whether or not this application is consistent with the
21 Comprehensive Plan and whether the Land Use requested is consistent with the
22 surrounding neighborhood.
23
24 Michael Houston, from Houston Cuozzo Group, Inc., representing the applicant spoke
25 briefly and displayed a PowerPoint presentation. Mr. Houston went on to explain about
26 the community involvement they sought with the surrounding neighbors (both
27 commercial and residential). Mr. Houston stated that he feels the proposed development
28 has the appropriate density transition and an appropriate transition of uses.
29
30 Mr. Hearn confirmed that the public hearing is open.
31
32 Virginia Sherlock, Esq., standing in for Ralph Brooks who represents the North Beach
33 Association of St. Lucie Co., Inc., and representing Bob and Ellen Emory spoke in
34 opposition and explained that this Board should recommend denial of this application
35 because it
36 -use development, but rather
37
38 more residential units on the Barrier Islands should not be allowed and DCA does not
39 look favorably on doing this given the past hurricanes.
40
41 The following members of the public spoke in opposition to this application: Jeff
42 Mitchell, Bill Medina, Jean Downing, Michael Simos (in favor of more commercial),
43 Michael Riordan (Mr. Riordan also distributed documents to the Board members and also
44 stated that he never received a mailed notification of this application even though he is
45 within close enough proximity to receive such a mailing) and Richard Samples.
46
Page 7 of 10
1 The following members of the public spoke in favor of this application: Tom Babcock,
2 Bob Lowe, Nicholas Pecoraro, Nancy Spalding, Karl Williams, Kathy Meyer, Kathy
3 Brandon and Bob Tabor (but feels there should be more commercial and less residential).
4
5 Mr. Hearn closed the public hearing.
6
7 Mr. Klein spoke in response to some of the public comments and observed and noted to
8 the Board that none of the public spoke against mixed-use as the Land Use designation.
9 There were discussions between Board members and Mr. Klein.
10
11
12 will conform to the Comprehensive Plan rather than asking for more density, etc. Mr.
13 Klein explained that there is no ability in St. Lucie County to integrate residential and
14 commercial on the same property.
15
16 Ms. Hammer commented that she, too, thought the development should conform to the
17 Comp Plan without having to request a Land Use Amendment essentially that the
18 development should only include 34 units of residential rather than the 80 that is
19 proposed.
20
21 Mr. Lounds also commented on his mixed-feelings with the amount of residential.
22
23 Ms. Morgan commented that, for tonight, the Board is only being asked to act on the land
24 use, not the site plan or the proposed 80 units.
25
26 Mr. Trias commented that this is a high-quality project and although density may scare
27 people, this will be a favorable development for the area.
28
29 Mr. Hearn and Mr. Grande both spoke in favor of the application.
30
31 Mr. Nix spoke briefly and displayed concept plans for various mixed-use districts, as well
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32 as the standards for mixed-use districts. He explained that the medium intensity mixed-
33 use district allows for a minimum of 5 and a maximum of 9 dwelling units per acre and
34 allows for 0.75 of the site area for commercial development. The low intensity mixed-
35 use district allows for 5 dwelling units per acre and 0.5 of the site area for commercial
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36 development. Mr. Nix explained these standards for mixed-use development so that the
37 Board, if they choose, can make a recommendation of approval with a different intensity
38 than that requested by the applicant.
39
40 Mr. Nix . He aalso confirmed that in response to name and address is on
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41 the comment that he received no notification of this application, his name and address are
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42 on the list of those surrounding property owners that received mailing notification of this
43 County-sponsored application.
44
45 Mr. Lounds moved that the Planning and Zoning Commission recommend that the St.
46 Lucie County Board of County Commissioners grant approval to the application of
Page 8 of 10
1
2 COM (Commercial) to MXD (Mixed Use-Medium Intensity) subject to conditions and
3 transmit same to the Department of Community Affairs because the mixed-use concept
4 and mixed-use designation works very well on this piece of property on North
5 Hutchinson Island and that density is not that big an issue given the condominiums that
6 are presently there and those that are being built.
7
8 Mrs. Morgan seconded.
9
10 Ms. Hammer asked for clarification of which intensity (as previously displayed by Mr.
11 Nix) Mr. Lounds was recommending. Mr. Lounds replied medium intensity.
12
13 Discussions ensued.
14
15 Roll Call
16 Mr. Knapp No
17 Ms. Hammer No
18 Mr. Grande No
19 Ms. Caron No
20 Mr. Lounds Yes
21 Mrs. Morgan Yes
22 Vice Chairman Trias Yes
23 Chairman Hearn Yes
24
25 The motion failed at 4-4.
26
27 Mr. Grande moved that the Planning and Zoning Commission recommend that the St.
28 Lucie County Board of County Commissioners grant approval of Grande Beach North
29
30 MXD (Mixed Use-Low Intensity) limited by all of the FAR and density requirements in
31 the low density group.
32
33 Ms. Caron seconded.
34
35 Roll Call
36
37 Mr. Lounds No
38 Mrs. Morgan No
39 Mr. Knapp Yes
40 Ms. Hammer Yes
41 Mr. Grande Yes
42 Ms. Caron Yes
43 Vice Chairman Trias Yes
44 Chairman Hearn No
45
46 Motion passed 5-3 with Mrs. Morgan, Mr. Lounds and Chairman Hearn dissenting.
Page 9 of 10
OTHER BUSINESS
1
2
3
4 requested that since Agenda Item 3: The Preserve and Agenda Item 5: Smigiel Partners
5 VI, Ltd. were continued, that Board members hold on to the materials submitted in the
6
7 to hold on to them just in case.
8
9 Ms. Hammer questioned staff on the issue of the rural lands item heard several weeks
10
11 Commissioners? Mr. Nix stated that he will confirm that the Board received the full copy
12
13
14 Mr. Hearn discussed the letter of July 27, 2006, submitted by Mr. Ferguson, offering a
15 public apology for actions occurring at the June 2006 Planning & Zoning Commission
16
17
18 There being no further business, the meeting was adjourned at 11:20 pm.
19
Page 10 of 10