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HomeMy WebLinkAboutMinutes 04-20-2006 St. Lucie County Planning and Zoning Commission/Local Planning Agency rd Commission Chamber, 3 Floor, Roger Poitras Annex April 20, 2003 6:00 P.M. (A DVD recording of this meeting, in its entirety, has been placed in the file along with these minutes as part of the record). AGENDA MEMBERS PRESENT Chairman, Bill Hearn; Pamela Hammer; Craig Mundt; Susan Caron, Charles Grande; Stephanie Morgan; Catherine Hensley MEMBERS ABSENT Vice Chairman, Ramon Trias, John Knapp, Edward Lounds OTHERS PRESENT Katherine MacKenzie-Smith, Assistant County Attorney, Heather Young, Assistant County Attorney; Gilbert Backenstoss, Assistant Growth Management Director; Robert Nix, Growth Management Director; Hank Flores, Planning Manager; Larry Szynkowski, Senior Planner; Wendy Clark, Senior Planner Linda A. Pendarvis, Planner, Andrew Riddle, Planner, CALL TO ORDER Chairman Hearn called to order the meeting of the St. Lucie County Planning and Zoning Commission and local planning agency at 6:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL Chairman Hearn Ms. Caron Mr. Grande Ms. Hammer Ms. Hensley Ms. Morgan Mr. Mundt ANNOUNCEMENTS Chairman Hearn welcomed all to the meeting. He requested to please keep all comments to five minutes or less. DISCLOSURES Ms. Hammer had contact with applicant Charles Sabin and his attorney 1 Minutes from the March 16, 2006 regular meeting: Chairman Hearn stated the commission members will vote on the minutes of March 16, 2006 at the May 18, 2006 Planning and Zoning Commission meeting Agenda Item #1 Ordinance # 06-013. This is to provide for an Administrative Variance Procedure for minimum yard setback in any existing mobile home park. Katherine MacKenzie-Smith, Assistant County Attorney, stated currently the building official has discretion to issue administrative variances in recreational vehicle parks but he did not have the ability to issue administrative variances in a mobile home park. Further she stated since the hurricanes permits have been received to rebuild previously existing carports which are not within the required setbacks, therefore, they cannot be rebuilt. There has been input from the fire department to assure fire safety and they support the administrative variance procedure. Otherwise the only procedure available to the homeowner would be to go to the board of adjustments. The current setbacks are 15 feet structure to structure. This variance would give the ability for up to 10 feet. Recommendation is that this is passed to the Board of County Commissioners with a recommendation of approval. Mr. Grande stated that it seems that the only significant difference between RVs and mobile homes is the 2/3 variance vs. the 50% variance. Is a different variance for each of those categories needed and is a separate section for each of those categories necessary. Attorney MacKensie-Smith stated the difference is in the amount of variance that the building official has authority to approve and also on pg 7 -2 d & e where the distance is, that is not in the RV variance and those were the specific sections that were requested by the fire dept. Chairman Hearn stated on pg 5 B-1-a, it references the variance of no more than 2/3 of the minimum standard and on pg 7 H references 33%. Mr. Grande stated that H, 1/3 is the amount that is remaining after the variance is allowed up to 2/3rds, not to encroach into that 1/3 that is allowed to be left. Mr. Grimm, building official, explanation is correct. He further stated it is allowed to go to 10 ft instead of the 15 ft. There is a play of 1/3 with 2/3. At least 2/3 will be needed for the set back to be in compliance and allowed to go 1/3 into the required set back. Chairman Hearn stated the public hearing will be opened. Roy Bruers, Spanish Lakes One Community has been approached by many of the folks of this community regarding the variance requirements and cost of the variance. The folks of the community do not own the property therefore the owner of the land should bear the cost of the variance application. Some of the folks have not gotten their carports repaired from the previous hurricanes. These homes have been here for the last 30 years as well as the previous foot prints. ose previous years. Now after all the hurricanes and the added safety issue is understood requiring the fire department to get in between the units in case of a fire. A suggestion to resolve that situation is, if code enforcement finds someone who is not built back to the original footprint and have since extended, then they need to address those individuals who are not in compliance. 2 Mr. Grande asked who is responsible for the cost of the variance application, the land owner or the home owner. Attorney MacKensie-Smith stated the person who is applying for the variance application would bear the cost. Mr. Grande further asked if they are building back to what existed previous to the event, the hurricane etc, that destroyed the property, is a variance still required or is it grandfathered to what was there before. Attorney MacKensie-Smith stated that they grandfathered the ones that can be proven that they were in before. Mr. Grande stated that in the specific case where someone is rebuilding in place where it was legal before but does not comply with the current setback requirements, are they required to pay for a variance or are those being grandfathered in? Attorney MacKensie-Smith replied if it was still the 15 ft setback before and now it is not, then yes they would have to have the variance for whatever reason. Chairman Hearn stated the public hearing is closed. Mr. Grande stated it is moved that this petition be passed to the Board of County Commissioners with a recommendation for approval with the amendments that have been brought up this evening as it meets the needs of the county. Mr. Mundt seconded the motion. Ms. Hammer stated that this petition was to make the variance process faster and easier so it would not have to go through a full zoning board and to give the building code administrator the ability to grant the variance from their desk instead of the whole process. Attorney MacKensie-Smith replied that is correct and it will be cheaper. Roll Call Mr. Grande Yes to approve Mr. Mundt Yes Ms. Caron - Yes Ms. Hammer Yes Ms. Morgan Yes Chairman Hearn Yes with reservations This ordinance was approved unanimously. Agenda Item #11: Fort Pierce Angle Road Trust Chairman Hearn stated that there is a request regarding The Preserve application, agenda item #11, to continue until a later date. Johnathan Fergusen, Ruden McClosky Law Firm, on behalf of the applicant, Ft. Pierce Angle Road Trust for the project known as The Preserve, Agenda Item #11. There is a staff recommendation to continue this and it is concurred with to request a continuance to the May 18 meeting. The client would like to give the board the option to provide comments, if they have had an opportunity to review the plan. Mr. Grande stated has the Future Land Use Change associated with this petition been passed. Attorney Johnathan Ferguson replied it has been transmitted and is coming back for adoption with a current set of comprehensive plan amendments tentatively scheduled for May 15. 3 Mr. Mundt asked Attorney Ferguson if this property would have to sign up with FPUA for annexation. Attorney Ferguson replied this property would have to sign up with FPUA for water and sewer which includes voluntary annexation when it is contiguous with the city. Mr. Mundt continued the petitioner should take seriously the comments from the Ft. Pierce Planning Dept. Attorney Ferguson stated this is one of the reasons his client is requesting the th continuance. The comments were just received on Monday, April 17for the first time. Chairman Hearn will open the public hearing. Seeing no-one, the public hearing is closed. Mr. Grande made a motion in favor of the staff recommendation to continue this petition to the May 18th meeting. Ms. Morgan seconded the motion. Chairman Hearn stated that the motion has been made to continue this petition to May 18 and it has been seconded. The board voted unanimously to pass this petition to continue on May 18. David Kelly advised he will provide the 10-10 plan information for the continued hearing on May 18, 2006. Agenda Item #5: Guettler and Sons, LLC Chairman Hearn stated agenda item #5: Guettler and Sons, LLC staff wishes to re-advertise this petition and therefore requests to pull this petition from the agenda. Anthony Guettler on behalf of Guettler and Sons stated that he is prepared to present this petition tonight even though it has to be re-advertised and will be presented at the May 18 meeting. Chairman Hearn replied to the petitioner to wait until May 18 to hear this petition since the commission members have not received any information regarding this petition in their packets. Chairman Hearn advised the petitioner to make his comments within a five minute time frame if he wishes to discuss any issues with the board members. Anthony Guettler stated the State of Florida will begin construction on State Road 70. This Conditional Use application and mining application is being submitted to provide fill dirt for that construction project scheduled to begin June 1. This project is of limited scope and limited duration. The dirt will simply be used to provide fill for State Road 70. The permit for the mine dirt off of the site will expire upon completion of the project. Chairman Hearn stated that he made a motion to pull this petition from the agenda has been made and seconded by Ms. Hammer and was unanimously passed. Chairman Hearn further stated it is up to staff to re-advertise this petition and re-schedule this agenda item when it is ready. Agenda Item #2: Charles Sabin. Larry Szynkowski, Senior Planner, presented an application from Charles Sabin, Sabin and Companies for a small scale Change in Future Land Use Designation from COM (Commercial) to RM (Residential Medium) with a maximum of 9 dwelling units per acre. Location is the north side th of Edwards Road approximately 500 ft west of 25 street. Proposal is to have an 80 unit town house residential project on that property with a maximum of 6.5 dwelling units per acre. The staff recommends that this petition be forwarded to the Board of County Commissioners with a recommendation that this petition for a Change in Future Land Use for a small scale be adopted. 4 Mr. Mundt stated in the inter governmental coordination element on page 11, the application was provided to the City of Ft. Pierce for review, however in this section there is nothing about the response from the City of Ft. Pierce. In the next section regarding the change in zoning from RS-4 to PUD, it states that the city of Ft. Pierce opposes this in a letter dated March 16. Mr. Mundt stated he would have appreciated it if reference had been made regarding the negative response from the City of Ft. Pierce. Attorney Lee Dobbins, representing Sabin Companies, Inc. stated he will discuss the project as a whole (agenda items 2, 3 & 4) for the purpose of clarifying what is being done and what needs to be accomplished with this plan. It currently has a commercial land use designation across the entire 14 acres of property. The West half of property has residential zoning. From a permitting standpoint, it would have been easier to apply for a zoning change and develop the entire property as commercial. However, the developer felt it was not a good fit for the location for a number of reasons. One concern was traffic and another concern was the surrounding residential. There is an existing residential neighborhood to the North West. Rather than change the zoning on the West property, change the land use to residential and do a multi-family residential in that portion of the property. Staff is recommending approval on all three of the applications. Comments from the City of Ft. Pierce indicate that the project does not comply with city code. Attorney Dobbins stated as long as the project is in the County, they are designed to County code. Chairman Hearn stated that he agreed with Mr. Dobbins that their obligation is to look at this project on a county standard. Ken Natoli, Houston Cuozzo Group, Landscape Architect and Site Planner, provided a technical presentation and architectural pictures to show elevations to clarify what is being proposed and th presented a site map to provide a view of the entire project located on 25 Street and Edwards Road. Mr. Nix stated he believed that it is a fire code requirement to have another entrance for emergency purposes. Chairman Hearn will open public hearing. Seeing no-one, the public hearing is closed. Mr. Grande made a motion to recommend to deny the adoption of the petition of Sabin & Companies for a Change In Future Land Use designation from Commercial to Residential Medium because the use will be inconsistent with the surrounding community. Ms. Caron seconded the motion. Roll Call Mr. Grande Yes to deny Ms. Caron - Yes Ms. Hammer No Ms. Morgan No Mr. Mundt Yes Chairman Hearn No Tie vote - 3 to 3 Change in Future Land Use motion fails Motion to approve by Ms. Hammer, seconded by Ms. Caron 5 Roll Call Ms. Caron Yes to approve Mr. Grande No Ms. Hammer Yes to approve Ms. Morgan Yes to approve Mr. Mundt No Chairman Hearn Yes to approve 4 to approve 2 to deny Approved for Change in Future Land Use amendment. Per Chairman Hearn the application will be forwarded to the Board of County Commission with a recommendation of approval. Agenda Item #3: Sabin Companies, Inc. Andrew Riddle, Planner, Change In Zoning from RS-4 Residential Single Family- 4 du/ac Zoning District to PUD Planned Unit Development Orchid Place Zoning District. The property is 8.9 th acres located on the North side of Edwards Road approximately 650 ft West of South 25 Street. The Existing zoning is residential, single family, 4 dwelling units per acre. The applicant is proposing 80 multi-family dwelling units and 10- 8 unit buildings. The proposed plan is maintaining 4.26 acres in common open space. The proposed RM (residential medium) Future Land Use will allow up to 9 dwelling units per acre. Staff recommends that this petition be forwarded to the Board of County Commissioners with a recommendation of approval with a condition. Chairman Hearn asked if there are any questions of staff. Ms. Hammer stated she previously saw a map where they typed in a proposed application indicating what the land use and the units were. It would help in the future to get a map of this county with everything penned in so that the committee members can look at it when they are reviewing the applications. Ms. Caron asked if Fronterra has been approved. David Kelly stated the final PUD is not yet approved for Fronterra. The preliminary is approved. Chairman Hearn will open the public hearing. Seeing no-one, the public hearing is closed. Ken Natoli, Site Planner, Houston Cuozzo Group stated open space consists of 2.62 acres which includes the small grass area around the back, all green space, pool, community area and other open spaces all around the project. Chairman Hearn stated 7AM is the starting time of construction. Ms. Caron suggested working hours of construction are 7AM to 5:30PM, Monday through Friday and on Saturday, 7AM to 1PM. Charlie Sabin stated those working hours for construction are fine. approval has to have another exit/entrance. Mr. Nix stated staff will have the fire department review it and make comments and send it to the Board of County Commissioners. Ms. Caron commented regarding the price range of housing for the work force. Charlie Sabin stated originally they were in the $140K price range. Since then construction costs increased in the last 2.5 years. He is hoping to keep the price in the mid $200K. Attorney Dobbins stated it is currently zoned 4 units, however, the final P & Z approval was just received for a density of 5.5 on the property to the west. 6 Ms. Hammer made a motion to recommend to grant approval to the application of Sabin Companies, Inc. for a Change in Zoning from the RS-4 Residential Single Family 4 Zoning to the PUD, Planned Unit Development Orchid Place Zoning district because it could be a transition project with conditions from the staff and also with the condition that another exit/entrance is added to the plan and the working hours be adjusted to Monday-Friday, 7AM to 5:30PM and Saturday, 7AM to 1PM. Seconded by Ms. Morgan. Mr. Grande stated he will not be able to support the motion because a project of this type is inconsistent with the neighborhood. Roll Call Ms. Hammer Yes to approve Ms. Morgan Yes Ms. Caron Yes Mr. Grande No Mr. Mundt No Chairman Hearn Yes 4 - 2 to approve Change in Zoning Agenda Item #4: Sabin Companies, Inc. Andrew Riddle, Planner, petition of Sabin Companies, Inc. for a Conditional Use Permit to allow for the construction and operation of a household goods warehousing and storage mini-warehousing in the Commercial General Zoning District. The property has 4.9 acres and is located on the North th side of Edwards Road approximately 250 ft West of South 25 Street. Staff recommends that this petition be forwarded to the Board of County Commissioners with a recommendation of approval. Mr. Hearn asked if there were any questions for the staff. Chairman Hearn opened the public hearing. Seeing no-one, the public hearing is closed. Ms. Caron stated that it needs to be clarified on the plans that the opaque fence is the wall of the actual unit(s). Charlie Sabin stated there are openings between the buildings and there may be some fencing between these openings. Mr. Dobbins stated there are no roadway contributions since the project will not be impacting the traffic. The level of service does not change. Mr. Grande made a motion that the Planning and Zoning Commission recommend that approval be granted for the application of Sabin Companies, Inc. for Conditional Use Permit to allow for the construction and operation of a household goods warehousing and storage mini warehouse in the SG Commercial General Zoning district because it is consistent with the surrounding community and will help to offset the strain on the infrastructure caused by Orchid Place. This motion has been seconded by Mr. Mundt. Roll Call Mr. Grande Yes to approve Mr. Mundt Yes Ms. Hammer Yes to the motion except for the part about the strain on the community. Ms. Morgan Yes Ms. Caron Yes 7 Chairman Hearn Yes Unanimously approved for the Conditional Use Permit. Agenda Item #6: Michael Bryant: Linda Pendarvis, Planner, this for a Change in Zoning from RS-2 Zoning District to the AG-1 Zoning District for property located on the West side of Bennet Road, 1950 ft South of Peterson Road to allow for the grazing of his personal horses. Michael Bryant resides at 6391 Peterson Road, located approximately 1000 ft North from the subject property. The subject property is located in an area which is currently utilized for residential and some limited agricultural uses. Several properties in the area have been rezoned to the AG-1 zoning district recently. Staff believes that the existing RS-2 Residential Single Family 2 dwelling units per acre Zoning district is the most appropriate Zoning district designation for the subject property. An alternative Zoning of AR-1 which is Agricultural Residential one dwelling unit per acre would allow as an accessory use animals other than domestic pets which may be kept provided they are not housed within 100 feet of any property line. The subject property is vacant and a change of Zoning to AR-1 is recommended. Accessory use would be allowed after residential permitted use was placed on the property. Staff believes that the approved and proposed developments in the area and the specific conditions of the subject do not create a suitable environment for the AG-1 dwelling unit per acre Zoning district. Staff recommends that this board forward a recommendation of denial for the AG-1 Zoning district with the consideration of AR-1 Agricultural Residential one dwelling unit per acre Zoning district. Mr. Grande stated since there is no residence and the applicant does not plan to put a residence on the proper recommendation is followed. Linda Pendarvis stated that the applicant does not own the property. He would lease the property and board his horses. Michael Bryant, applicant -1. Storing horses would keep some greenery within the urban boundary. It would be nice to see horses on the property instead of houses. Chairman Hearn stated if the zoning is changed to AG-1, it could be used for a lot of different things and that is the only reservation. Mr. Nix stated that in the past applicants have volunteered to restrict the use of their property in connection with a re-zoning. Will the applicant agree to volunteer to restrict the uses to the one he is proposing or to a small set of uses that this commission knows will not be harmful to a residential area. Mr. Bryant stated the use would be restricted to boarding four horses and the owner would agree to this limitation with a barn. Mr. Nix stated that a he County wants to pursue this type of approach and if so, this petition could be moved forward. Chairman Hearn will open the public Hearing. Wade Tindel, resident of the bordering property. He and twenty-three others are in agreement with the applicant with regard to re-zoning to AR-1 (AR-1 because he and the others have existing dwellings on their property). 8 The public hearing is closed. Mr. Grande made a motion that the Planning and Zoning Commission recommend that approval be granted to the applicant, Michael Bryant for a Change In Zoning from RS-2 Zoning to the AG-1 because it is consistent with the rest of the neighborhood and would be a significant benefit to the community. Ms. Caron seconded the motion. Mr. Byrant has voluntarily agreed to restrict the use of the property to the barn and boarding of four horses via a voluntary restrictive property use agreement which will be put forward by the applicant for approval by the County legal dept before the Board of County Commissioners hears the petition. Mr. Grande stated he will amend his motion to include that verbiage. Ms. Caron seconded the amended motion. Roll Call Mr. Grande Yes to approve Ms. Caron Yes Ms. Hammer Yes Ms. Morgan Yes Mr. Mundt Yes Chairman Hearn Yes Unanimously approved. Mr. Nix advised that applicant or his representative contact him regarding the requirements for the agreement. Agenda Item #7: Half Hour Custom Audio and Accessories Linda Pendarvis, Planner, petition of Aaron Sevella, Owner of Half Hour Custom Audio and Accessories, Inc. request for a Conditional Use Permit to allow the operation of a motor vehicle repair service-body repair in the SG Commercial Zoning District. This business is located at 6900 Heritage Drive, Port St. Lucie. The applicant proposes to operate a custom painting facility that requires a paint booth in addition to an existing custom accessory shop. Approval of this Conditional Use will allow the applicant to have a paint booth installed within the existing building. Chairman Hearn stated he had concerns about the possible noise from a body shop in the Commercial General Zoning district. Linda Pendarvis stated that the fire district has not signed off on the proposed activity and paint booth because it has to go through a permitting process. She further stated that this board can rescind a conditional use, if it becomes a nuisance to the public. Linda stated that the applicant wishes to add a custom paint facility to an existing auto business which does not include auto body work. Aaron Savella, Owner, Half Hour Custom Audio and Accessories stated he is interested in doing custom graphics. He did not need the paint facility, however, he is attempting to put in additional safe guards for the environment and the surrounding neighborhood. The work he does on his site is audio and accessories work, body tints, performance parts, wheels, tires, stereo equipment, etc. Mr. Savella stated the paint booth has filters on the intake end of the paint booth, within the paint booth and filters on the outgoing end of the paint booth to collect particles. There are minimal fumes escaping in the air. The unit falls within all of the EPA Safety regulations. 9 Chairman Hearn will open the public hearing. Ed Boslow, 4 Sandberg Lane approximately 650 ft away from this business. He states the auto repair noise, guns that take tires off, etc is absolutely terrible. If this petition is approved and this business adds the repair of bumpers, dents, front ends, etc. this would be opening up a can of worms. There is enough noise now without allowing the operation of sanders that produce that high pitched noise and other loud machinery that the approval of this petition would allow. Please do not approve this petition. Lighting at night from these businesses is offensive to some of the residents. When compressors are used with air guns, etc. the noise will greatly violate the privacy, peace of mindand considerationof the residents. Ms. Caron asked if there is a buffer which separates these businesses from these residences. Mr. Boslow stated that the buffer was taken down previously. Ms. Hammer asked staff if there was a permit to remove the buffer. Mr. Nix stated the issue before us is whether or not to grant the Conditional Use which is not directly related to the code enforcement issue. The noise complaints need to go to the Code Enforcement Board to be resolved. Therefore, the zoning issue can move forward. Chairman Hearn stated that a condition of 3-4 cars being painted per month can be put on this conditional use. Mike Florio, Dickinson Terrace, Oleander Pines stated the noise is disgraceful and no effort has been made to reduce the noise to show consideration for the residents. Walter Glenn, Lot 149 stated he is against this petition because of the noise. A retaining wall or buffer is needed to reduce the noise and the lights shining into the residences. Jerry Duckworth was concerned about additional noise this approved petition would cause. Chairman Hearn stated if this conditional use permit is approved, the applicant has the right to repair damaged vehicles which causes additional noise. Chairman Hearn will close the public hearing. Mr. Mundt stated he has been near spray booths and when painting of autos is done in an enclosed environment the noise is very minimal. With the EPA protective devices currently in place contaminants and fumes escaping are minimal. Spray painting will not add to the existing noise. Mr. Mundt stated that this is a conditional use permit and if it becomes a nuisance in the neighborhood, that conditional use can be lifted. Mr. Grande requested that the condition on the conditional use be limited to painting and not metal work, noisy body work or major collision repair work. The applicant stated he is not involved with collision repair work. The work is primarily custom work and painting. Mr. Mundt made a motion to move that the Planning and Zoning Commission recommend that the St. Lucie Board of County Commissioners grant approval for the application of Half Hour Custom Audio and Accessory, Inc. for a Conditional Use Permit to allow for the operation of a motor vehicle body repair service in the SG Commercial General Zoning district because this activity is allowed as a Conditional Use in the Zoning district and that the Conditional Use be restricted to avoid major collision repair work and minor work but not avoid painting. Ms. Morgan seconded the motion. Roll Call Mr. Mundt Yes to approve Ms. Morgan Yes 10 Ms. Hammer No Mr. Grande - Yes Ms. Caron Yes Chairman Hearn No 4 2 to approve this Conditional Use Permit Agenda Item #8: Charles and Peggy Ward Andrew Riddle, Planner, this is a request of Charles and Peggy Ward for a Change In Zoning from the RS-2 Residential, Single Family 2 du/ac to AG-1 Agricultural -1 Zoning District. The property is located 1245 South Jenkins Road. The existing zoning is Residential Single Family 2 du/ac and the surrounding zoning is RS-2. The purpose of the request for a Change in Zoning is to allow for agricultural production, livestock and animal specialties. Staff recommends that the board forward a recommendation of denial for the AG-1 Zoning district with a consideration of the AR-1 Zoning district. Also is included is a letter from a neighbor, Mr. Wuchte, 1155 South Jenkins Road who strongly opposes this change. Andrew Riddle stated the applicant can have livestock on his property if the zoning was changed to AR-1. The applicants request for the zoning change in the application states for holding and raising 4-H animals for the St. Lucie County Fair. Mr. Nix stated the owner would have to record a restriction on the property that combines the two properties together and does not allow them to be sold separately. Applicant, Charles Ward, 1245 South Jenkins Road to clarify, the change in zoning is not for the production of raising animals. The applicant has been involved in the St. Lucie County Fair for several years and the reason for the change in zoning is to raise and hold show hogs on a concrete floor and a wash area. The applicant is in agreement with the AR-1 zoning which gives him the right to raise show hogs, if the two parcels of the property are combined into one parcel. Wade Tindle, represents 24 residents. In the future, he wants to rezone to AR-1 and the residents strongly approve. He wants to keep Ft. Pierce the way it was with no more building. John Ward, resident, lives next door to applicant. This is all family living in the area and everyone wants to keep the area the way it has been for years. Cathy Miller states she is grandfathered in. She has livestock on her property. Children come to her home and see the chickens and livestock and she would like to keep it that way. She wants the zoning changed to AR-1. Ron Wuchte, lived in the area for 16 years and his property is zoned RS-2. There have been hogs on the property and the smell is bad. He states that the applicant is using the property to park 12-15 commercial vehicles. He is concerned that it will take value away from his property by having hogs on an adjacent property. He feels that it will be more than just one or two hogs kept on the property. Charles Ward, applicant, stated a parking lot is being paved and the trucks will be moved tomorrow. John Odom, is just south of the Wards, and is supportive of this AR-1 rezoning. Michael Bryant, is in favor of the animals. The Wards do a lot of work with underprivileged kids. Chairman Hearn closed the public hearing. Ms. Caron stated that she perceives that several families who have been living in the area for many years are trying to preserve their way of life. Land should be preserved and allow those who were here to preserve what they have. Mr. Grande stated after the public hearing is closed, staff will give 11 a recommendation to deny the AG-1 and approve the AR-1. The applicant has indicated that this would suit his needs. Ms. Caron made a motion that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners deny the application of Charles and Peggy Ward for the Change in Zoning from RS-2 Residential Single Family 2 du/ac Zoning district to AG-1 to AR-1 because it is consistent with the surrounding land uses. Mr. Grande seconded the motion. Mr. Grande further stated Ms. Caron is denying the change to AG-1 and recommending that the County Commissioners approve a zoning change to AR-1. Attorney Heather Young stated if the applicant is willing to do it, it can be advertised as AR-1 based on the recommendation. The applicant should send a letter to the Growth Management Dept advising them that the application should be amended to AR-1. Roll Call Ms. Caron Yes to approve AR-1 zoning district Mr. Grande Yes to approve AR-1 Ms. Hammer Yes to approve AR-1 Ms. Morgan Yes Mr. Mundt Yes to approve AR-1 Chairman Hearn Yes The application has been unanimously approved to deny AG-1 and approve a Change in Zoning to AR-1 Agenda Item #9: John Ward Andrew Riddle, Planner, this is the request of John H. Ward for a Change in Zoning from the Residential Single Family 2 du/ac Zoning District to the AG-1 Zoning District. The property is located at 1275 South Jenkins Road. The purpose of the requested Change in Zoning is to allow for agricultural production crops for a future tree or plant farm. Staff recommends that the Board forward a recommendation of denial for the AG-1 Zoning District with a consideration of the AR-1 Zoning District. Andrew Riddle, Planner, stated that the applicant can do what he states he wants to do with a Conditional Use under AR-1 Zoning for crop production. Chairman Hearn opened the public hearing. John Ward, applicant, stated he is proposing to plant shrubs and trees to sell. Attorney Heather Young recommended to go forward with the public hearing and attempt to try to get this resolved before it goes to the Board regarding the house on the property and it being an accessory to the existing residence. The applicant has indicated that he will be acceptable to the AR- 1 Zoning. She further stated she did not think a Conditional Use Permit will be required. Chairman Hearn closed the public hearing. Ms. Hammer has made a motion that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners deny the application for a Change in Zoning from the RS-2 Residential Single Family 2 du/ac Zoning District to the AG-1 Agricultural One Zoning District but approve the Zoning Change from RS-2 Residential Zoning District to AR-1 Zoning 12 District because it seems to fit the area. The motion has been seconded by Mr. Grande. The application was unanimously approved without a roll call vote. Agenda Item # 10: International Investment Partners, LLC and Barbieri & Screnci, LLC Linda Pendarvis, Planner, petition is a request for a Change in Zoning from RS-4 Residential Single Family 4 du/ac Zoning District to the PUD Planned Unit Development - Lakeside Village Zoning District. A residential development of 92 single family residential lots on 24.46 acres located on the North side of Indrio Road approximately 1900 ft East of Kings Highway. Staff recommends that this petition be forwarded to the Board of County Commissioners with a recommendation of approval subject to the following conditions: consistent with other development approvals granted prior to or as part of final platting of the subject property. The developers shall be required to convey to St Lucie County in manner and form acceptable as set forth to St. Lucie County Attorney additional right of way along the site plans of East, West and South property lines for the future road widening. Mr. William Mc Cain, W. F. Mc Cain and Associates, the preserved all of the wetlands 2. acres. Also included is 5.7 acres of upland preserve. The density is proposed at 3.76 units per acre based on the area being developed, 24.9 acres. Mr. Mc Cain stated that 24 acres is the area of the site being developed with lots which excludes the uplands, wetlands and the dedicated right of way to the County. The existing plat is actually 33.2 acres. The numbers are reduced slightly by right-of-way dedications, etc. Mr. Grande requested that the full size of the parcel be corrected which will significantly decrease the density. Ms. Caron had a concern to the pedestrian access to the commercial and a concern regarding buffering from residential to commercial. Ms. Hammer had concerns regarding maintenance on the upland area, etc. that it be part of the agreement of sale . Also that potable water and sewers will be paid for by the developer. Mr. Mc Cain stated his client is willing to put in a bus stop perhaps at the North end of the sub-division or at the end of the pedestrian access to Winn-Dixie. Mr. Mc Cain addressed concerns about traffic going onto Indrio Road stating that the North entrance will serve as access for those who need to drive to Winn Dixie without having to drive onto Indrio Road. Chairman Hearn opened the public hearing. Dennis Jurkiewicz, 6701 Indrio Road, is concerned with the impact this plan will have on his on Indrio Road. He is concerned about the speed of the cars which pass in front of his driveway and the related safety issues. Jane Baugh, 6701 Indrio Road, is concerned about what the project will look like what the renderings are. Mr. Mc Cain explained that there will be 92 single family homes with a price range on Indrio Road, since the housing development is directly across from the entrance to her driveway. Chairman Hearn closed the Public Hearing. Mr. Grande asked if Indrio Road will be widened in the near future. He further suggested to staff to discuss with the developer to get rid of the Indrio exit and move the exit around the corner to Royal Palm. 13 Mr. Mundt made a motion that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of International Investment Partners, LLC and Barbieri and Screnci, LLC for a Change in Zoning from RS-4 Residential Single Family 4 du/ac Zoning District to the PUD, Planned Unit Development Lakeside Village Zoning District because it is determined that the proposed zoning designation in the preliminary planned unit development site plan are compatible with existing and proposed uses in the area and further recommend that the Indrio Road entrance be evaluated for placement on Royal Palm Avenue. Mr. Grande seconded the motion. The petition was approved unanimously without a roll call vote. OTHER BUSINESS: Dates of future Planning and Zoning Commission Meetings: Mr. Nix asked if it is desirable to have two meetings in May. He further stated that the Legal Dept and the Growth Management Dept would like to do a workshop. The workshop would be a training and communicating session between staff, the legal department and the members of the Planning and Zoning Commission for possibly two hours or so. A mutual meeting date will be determined by those involved indicating three dates for both day and evening availability via email to Mr. Nix or Mr. Backenstoss. The meeting will be recorded for convenience. : Jenkins Road Study Area Lucido and Associates put this study together. The road system is properly laid out for the curve radii anticipated designs speeds so the are all reasonably accurate depictions of what this would look like. At the high school there is a connection up to Avenue Q. It has been proposed to give the school board 20 acres for a K-8 school somewhere on this property. That design impacts over 40 acres of the school boards property and it may not be a workable transaction for the school board. A depiction by a school board staff member was made indicating a line between two roads near Kings Highway. That is where the other road alignment coming straight across under the e coming up to Avenue Q and connecting Kings Highway to U.S.1 by way of Avenue Q. This would impact approximately 22 acres of the school site property instead of 40 acres. The backage road parallel to Kings Highway would service the industrial properties. Mr. Nix wanted to brief the Planning and Zoning Commission members on this Jenkins Road study area because the Growth Management Dept has an alternate design that is superior and the P & Z commission members will most likely be hearing about issue. Mr. Nix will show this alternate design to his superior and to the members of the Board shortly for their review and comments. The road that extends to Avenue D could be positioned a little further north. There is a backage road that would do the same as the one described that is parallel to Kings Highway. This would allow folks to have access to the back sides of those properties and to get into to those commercial and industrial properties without having to go onto either Jenkins Road or onto Orange Avenue. The high school will have far better access than they have now. Meeting was adjourned at 11:30 PM 14 15