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HomeMy WebLinkAboutMinutes 05-18-2006 St. Lucie County Planning and Zoning Commission/Local Planning Agency rd Commission Chamber, 3 Floor, Roger Poitras Annex May 18, 2006 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; Edward Lounds MEMBERS ABSENT Vice Chairman, Ramon Trias, John Knapp OTHERS PRESENT Heather Young, Assistant County Attorney; Heather Lueke, Assistant County Attorney; Gilbert Backenstoss, Assistant Growth Management Director; Hank Flores, Planning Manager; 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 Mr. David Kelly, Planning Manager, announced that the site plan drawings for The Preserve have Committee; therefore, the project was not put on the agenda. This item will be re-advertised and put on an agenda as soon as possible. A copy of the draft 10-10 P is attached for review. DISCLOSURES None 1 Minutes from the March 16, 2006 regular meeting: The meeting minutes were moved by Ms. Hammer with corrections and seconded by Mr. Grande. The motion was carried unanimously. Minutes from the April 12, 2006 regular meeting: The meeting minutes were moved by Ms. Hammer with corrections and seconded by Mr. Grande. The motion was carried unanimously. The Minutes from the April 20, 2006 regular meeting: The meeting minutes were moved by Ms. Hammer with corrections and seconded by Ms. Morgan. The motion was carried unanimously. Agenda Item # 1: Ordinance No. 06-022 Presented by Heather Lueke, Assistant County Attorney. This Ordinance No. 06-022 would amend the St. Lucie County Land Development Code by amending Section 11.10.02 to provide for a privilege fee for the abandonment of the interests of the County in and to any real property or right- of-way. Staff recommends forwarding the proposed Ordinance to the Board of County Commissioners with a recommendation of adoption. Discussions of the provisions ensued regarding appraisals, uses of land and payment of lesser values and more flexibility . Chairman Hearn opened the public hearing. Johnathan Ferguson requested a provision be added for consideration and recommendation that this amendment not apply to projects currently in the county review process. Ms. Hammer disagreed with this recommendation. Mr. Ferguson rebutted regarding Jonette Acres which has a petition pending to county staff to abandon that section of Rock Road from the North edge of I-95 up to Angle Road. If that road is abandoned, the county will not have to pay for the maintenance of the road. If it is not abandoned, the county will be responsible for the maintenance of the road. He further stated that the rules at the time that the application was submitted were that there was not a privilege fee. Bobby Klein had a question for staff regarding section b sub paragraph i in the ordinance regarding an appraisal being prepared according to staff requirements. Are these established requirements or requirements on a case by case basis? value that it adds to the worth of the benefiting property. Bobby Klein stated that the second sentence is redundant. To avoid confusion, it Mr. Klein believes some of the previous rights of way are a liability to the county. Further discussion ensued by the committee members and it was recommended that staff needs to determine what some of those requirements might be before this ordinance goes to the Board of County Commissioners. Chairman Hearn closed the public hearing. 2 Mr. Grande recommended that if the county commission feels that the privilege fee be waived for those applications already submitted, the county commission has the ability to do so, therefore this committee does not have to mandate that at this point. requirements are to be defined. Seconded by Ms. Caron. All committee members unanimously approved the motion 7 - 0. Heather Leuke asked to clarify that in section 2a of the ordinance be incorporated after it states recreational land for public use. Mr. Grande stated yes. Agenda Item #2: Angle Road Investment Company Presented by Andrew Riddle, Planner. This is the petition of Angle Road Investment Company for a Change in Zoning from the AG-1 (Agricultural 1 du/ac) and 1X (Industrial Extraction) Zoning Districts to the PUD (Planned Unit Development Jonette Acres) Zoning District. Staff recommends that this petition be forwarded to the Board of County Commissioners with a recommendation of approval with the stated conditions listed in the staff report. David Shafkowitz, applicant, reviewed the history of the company, The Elliot Building Group, the parent company of Angle Road Investment Company. The Elliot Building Group is a residential home builder. Gregg Boggs, Lucido & Associates, presented an overview of the project. He displayed a map showing that this project will be consistent with the North Jenkins roadway network. The builder uses neo-traditional design concepts. The project contains a linear park, interconnected pathways and a flow through street system. This project will have single family and multi-family town home units. A club house and recreation facilities will be included. The team has met with neighbors on the property and explained the proposal. Mr. Lounds arrived at 6:45PM. Mr. Grande had questions about the roadway system and traffic circulation. Andrea Troutman, Traffic Engineer, addressed the roadway system concerns. She stated that the number of driveways on Angle Road is being limited in order to keep the flow of traffic moving on that road. Mr. Lounds had a concern about Southern Avenue eventually being connected to the grid coming out of Kings Highway, thereby keeping some traffic off of Angle Road. Mr. Boggs stated that there are two accesses on Angle Road both west from the intersection of Kings Highway and Angle Road. The proposed connection of Southern Avenue, when that development connects, will cross Kings Highway. Ms. Hammer asked how a designation is made between the limit of the linear park and the single family home . Further, she asked how the home owner is kept from encroaching into the linear park. Mr. Boggs stated that would flow into the common areas, the landscaping, lighting, trail systems, etc. which is the visual demarcation designating the perty and the beginning of the linear park. 3 Johnathan Ferguson, an attorney representing the applicant, confirmed that the HOA would be responsible for policing the encroachment of the common areas. Mr. Lounds had a concern about drainage. Mr. Rod Kennedy, site Design Engineer, replied there is an existing North St. Lucie River Water control management district ditch that flows underneath Angle Road and that is where the major discharge will be. Mr. Lounds inquired about consideration for hurricane and emergency services to relieve the emergency management situations in the county. Mr. Boggs stated that the developer agrees to provide hurricane and emergency services in the club house, i.e. hardened facility and backup generator. Mr. Boggs stated that the nearest property line to I-95 is approximately 400 ft. Chairman Hearn opened the public hearing. Bonnie Tillman, home owner in Timber Lakes Estate, Lot # 16, had a concern about traffic on Kings Highway and Angle Road. Further she inquired about the number of units proposed and now understands that the density is two units per acre. She requested that the committee members carefully consider all the issues relating to this project, particularly the traffic concerns. Chairman Hearn closed the public hearing. Johnathan Ferguson addressed the comments Bonnie Tillman made, in particular, the traffic issue. Mr. Ferguson stated this project is a preliminary PUD and traffic on Kings Highway, in particular at the intersection of Angle Road, are issues that are being addressed. Further, regarding the impact on the immediate neighbors at Timber Lake, all the neighbors were invited to a meeting to voice their concerns and see the project. The general consensus of those neighbors, who were able to attend the meeting, was that they were pleased with the development and happy that they could share in the Mr. Grande moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Angle Road Investment Company for a Change in Zoning from AG-1 and IX to PUD, Planned Unit Development, because the plan is consistent with everything in section 11.06.03 and should be a positive addition to the community. The motion would include the conditions that have been recommended by the staff and, as part of the motion, to add a condition that the club house is built to hurricane standards with generator capacity. As well, a recommendation to opening Lake Side Drive to Angle Road be studied and considered prior to the final plan. Mr. Mundt seconded the motion. Ms. Hammer requested that a recommendation be included in the motion that the financial obligations of the home owner be included in the agreement of sale. Mr. Boggs . Further, the applicant has no problem with the hours of operation referenced in condition number 9. Roll Call Mr. Grande Yes Mr. Mundt Yes Chairman Hearn Yes to approve 4 Ms. Caron Yes Ms. Hammer Yes Mr. Lounds Yes Ms. Morgan Yes The motion has been approved 7 0 Agenda Item #3: Lucie Rock, LLC Presented by Andrew Riddle, Planner. This is the petition of Lucie Rock, LLC for a Change in Zoning from the AG-1 (Agricultrual-1 du/ac) Zoning District to the IL (Industrial, Light) Zoning District. Staff recommends forwarding the petition to the Board of County Commissioners for approval. Chairman Hearn had concerns about the potential intensity particularly for the MXD use area. Andrew Riddle replied the future land use was residential suburban and the zoning was AG-1. , made a brief presentation. The land use was previously changed to MXD so that the property could be developed as an industrial park. The applicant is requesting two zoning changes rezoning part of the property to IH and part of the property to IL. Mr. Mundt asked about a PUD future phase residential area and possibly a shopping center. Mr. Dobbins replied that the developer is considering multi-family residential units. Mr. Mundt had concerns about residential units near an IL Industrial Light area. Mr. Lounds asked if there is a residential area on the site. Further, he had a concern regarding the high and low industrial uses. Mr. Dobbins replied that the high and low intensity classification is in the comp plan amendment. Ms. Caron was concerned about the high industrial intensity, as stated in the comp plan, with relation to the future multi-family residential section. Mr. Dobbins replied presently the applicant is goingforward with the zoning changes tonight and will have to consider what comes forward with the PUD in the future. Ms Hammer had a concern about an apparent conflict with the height of the hedges, 2 feet vs. 4 feet. Holly Price, Houston Cuozzo Group, stated that the 4 ft hedge height would take precedence and that it would be corrected on the plans. Chairman Hearn opened the public hearing. Seeing no-one, the public hearing was closed. Mr. Lounds supports this project stating it is well suited for the area and fills the need for more industrial areas which brings income and jobs. Mr. Grande moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Lucie Rock, LLC for a Change in Zoning from AG-1 to IL because it is consistent with the comprehensive plan and is recommended by the staff and has been recommended by Mr. Daum, Growth Management Tourism and Economic Development Manager, for commercial growth in the county. It was seconded by Ms. Morgan. Ms. Hammer stated that the plans need to be corrected so that the height of the hedges is consistent. ROLL CALL 5 Mr. Grande Yes Ms. Morgan Yes Chairman Hearn Yes Ms. Caron Yes Ms. Hammer Yes Mr. Lounds Yes Mr. Mundt Yes 7-0 vote unanimously to approve the motion. Agenda Item #4: Lucie Rock, LLC Presented by Andrew Riddle, Planner. This is a petition of Lucie Rock, LLC for a Change in Zoning from AG-1 (Agricultural -1 du/ac) and IX (Industrial, Extraction) Zoning District to the IH (Industrial, Heavy) Zoning District. Staff recommends that this board forward a recommendation to the Board of County Commissioners to allow for the Change in Zoning for the IH- (Industrial, Heavy) Zoning District. committee of what the intent is of having heavy industrial uses opposed to light industrial uses in that section. Mr. Dobbins, Dobbins and Klein, stated that there are uses under a heavy industrial zoned district that are not available under a light industrial zoned district. He agrees that it is difficult to compare the two and is unable to provide a list of the differences at this time. Mr. Dobbins made a brief presentation pointing out the boundary land uses and commenting that the property is a good location for heavy industrial use. Further, he stated that staff indicated that there is a need for industrial land use in St. Lucie County from an economic development standpoint. Chairman Hearn had concerns that heavy industrial uses could severely impact residences in the area of this project. Further he stated if the applicant was going to be selective in the type of heavy industrial uses that would be allowed, he would be more inclined to support this project. Mr. Dobbins stated that some of the more noxious uses require a conditional use approval. Chairman Hearn opened the public hearing. Bonnie Tillman, area resident, expressed her concern about the noise and the dust the heavy industrial uses of this project could cause and further stated that I-95 is not a sufficient buffer to block out the negative affects of industrial uses. Chairman Hearn closed the pubic hearing. Mr. Lounds had concerns about transportation specifically Rock Road accommodating some of the heavier traffic, like trucks, etc. Mr. Dobbins stated that the applicant will be required to contribute to the expansion of Rock Road and intersection improvements. 6 Chairman Hearn asked if the applicant intends to sell the lots or lease the lots that they would most likely be selling the lots. Heavy industrial businesses must conform to the covenants of the industrial park. Ms. Hensley believes that this is a good site for this project. Mr. Lounds moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Lucie Rock, LLC for a Change in Zoning from AG-1 and IX Zoning Districts to the IH Heavy Industrial Zoning District because it is located in an area for that type of development. It brings job opportunities to the community. He agrees with the comments about being cautious about heavy industrial use. It was seconded by Mr. Mundt. ROLL CALL Mr. Lounds Yes Mr. Mundt Yes Chairman Hearn No Ms. Caron Yes Mr. Grande Yes Ms. Hammer Yes- a conditional use would address issues of odors Ms. Morgan Yes 6-1 to approve Ms. Morgan left the meeting. Agenda Item 5: Guettler and Sons, LLC Presented by Hank Flores, Planning Manager. This is the application of Guettler and Sons, LLC for a Conditional Use Permit to allow the mining of sand in the AG-5 (Agricultural- 1du/5ac) Zoning District. The St. Lucie County Environmental Resources Department has reviewed the Environmental Impact Report for the project and recommends three conditions of approval for the issuance of the Vegetation Removal Permit. In conjunction with this application for a Conditional Use Permit, the applicant has also applied for a Mining Permit through the St. Lucie County Engineering Division. Staff recommends forwarding this petition to the Board of County Commissioners with a recommendation of approval subject to the three conditions recommended by the Environmental Resource Department. Chairman Hearn asked if a condition could be included that when the State Road 70 project is completed, that the mine be closed and no further mining activity will take place. Attorney Heather Young stated the condition could be included. Anthony Guettler, Attorney, for Guettler & Sons, LLC and Leo Guettler made a presentation regarding widening State Road 70. The proposed borrow pit would be used in conjunction with this construction. The property around the borrow pit would be maintained as a cattle ranch. Because of the borrow pits proximity to the site, truck traffic would not use the existing public roads. No residential uses exist in the area. The dirt will be used only for the State Road 70 expansion project and the application, both Mining and Conditional Use, will expire upon its completion. 7 Mr. Lounds had a concern about environmental lands located south of this property. Ms. Hammer had a concern about the Environmental Impact Report. Hank Flores stated the Environmental Resources Dept recommended three conditions of approval. Ms. Caron had a concern about the project operating during regular business hours and days. Anthony Guettler stated the work for this project will be done in conjunction with the operation of the construction of the roadway. Mr. Mundt had a concern about the slopes and banks around the lakes being pitched correctly after the project is completed. Hank Flores responded this is a recommended condition. Chairman Hearn opened the public hearing. Seeing no-one, Chairman Hearn closed the public hearing. Mr. Lounds moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Guettler and Sons, LLC for a Conditional Use Permit to allow for the operation of a sand mine in the AG-5 (Agricultural - 1du/5ac) Zoning District because it is needed to widen State Road 70. Mr. Grande asked if the motion could be amended to include the conditions recommended by the St. Lucie County Environmental Resources Department. Mr. Lounds stated the conditions recommended by the St. Lucie County Environmental Resources Department are not part of the motion. Chairman Hearn stated that the motion died for lack of a second. Mr. Grande moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Guettler and Sons, LLC for a Conditional Use Permit to allow for the operation of a sand mine in the AG-5 (Agricultural 1du/5ac) Zoning District because it meets a public need without any uncontrollable impacts and to include, as part of the motion, that it is subject to such conditions as may be requested by the St. Lucie County Environmental Resources Department and staff comments. The motion was seconded by Mr. Mundt. ROLL CALL Mr. Grande - Yes Mr. Mundt Yes Chairman Hearn Yes Ms. Caron Yes Ms. Hammer Yes and only because the environmental report was done Mr. Lounds Yes The motion was approved unanimously 6-0. Comments: th Mr. Grande commented that the May 10 workshop was too formalized. Future workshops should include topics and comments generated by the P & Z committee members. 8 Chairman Hearn commented he heard that after staff makes a recommendation it would never be changed. He recommends that this issue be put on a workshop agenda. oned a previous application with the to AG-1. Staff recommended AR-1 which was reflected in an application brought forward to the Board of County Commissioners, which staff knew would not meet the needs of the applicant. Ms. Caron stated she is not in favor of meeting twice per month. Mr. Grande stated if done thoroughly and completely and everything is provided that is necessary for the P & Z committee members to make a decision, one meeting per month is sufficient. He continued what normally slows the committee members down is incomplete and un- reviewed material. Ms. Hammer commented if applications are complete, more work can be done. Further, Ms. Hammer suggested changing the committee meeting date in December from the third Thursday of the month, Dec 21 to possibly the second Thursday of the month, December 14. Chairman Hearn believes things will get better. Meeting with management has helped. He agrees to keep the meetings to one meeting per month. In particular, limiting the speakers to 3 minutes and the presenters to 15 minutes will help alleviate the length of the meetings. Mr. Mundt agrees with the comments that have been made generally. Further new tools and methodologies are being put in place by the Growth Management Department. A higher demand needs to be put on the applicant and the materials they submit. A lot of material to review is okay; if the committee is given sufficient time to review them. Mr. Grande commented when an application is incomplete, the committee should continue the application and not waste time trying to muddle through it. Ms. Caron agrees with Mr. Grande. Further she stated staff has implemented new procedures which are making things better. Mr. Backenstoss stated that there are two special meetings scheduled in June. On June 8 there is a workshop scheduled on The Rural Lands Stewardship Amendment that is being proposed. There is the regular P & Z meeting scheduled on 6/15 and a public hearing on The Rural Lands Stewardship Amendment scheduled on 6/29/06. Meeting was adjourned at 8:35PM. 9