HomeMy WebLinkAboutMinutes 09-20-2007
1 St. Lucie County
2 Planning and Zoning Commission/Local Planning Agency
rd
3 Commission Chambers, 3 Floor, Roger Poitras Annex
4 September 20, 2007 Regular Meeting
5 6:00 P.M.
6
7
A compact disc recording of this meeting, in its entirety, has been placed in the file along with these
8
minutes as part of the record. In the event of a conflict between the written minutes and the compact disc,
9
the compact disc shall control.
10
11
CALL TO ORDER
12
13 Chairman Hearn called the meeting to order at 6:03 p.m.
14
PLEDGE OF ALLEGIANCE
15
16
ROLL CALL
17
18
19 William Hearn ................................................Chairman
20 Susan Caron ...................................................Vice Chairman
21 Brad Culverhouse...........................................Board Member
22 Pamela Hammer .............................................Board Member
23 Stephanie Morgan ..........................................Board Member
24 Marty Sanders (for Kathryn Hensley)............Ex-Officio
25
26 Members Absent:
27 John Knapp ....................................................Board Member
28 Craig Mundt ...................................................Board Member
29 Glenn Rains ....................................................Board Member
30 Barry Schrader ...............................................Board Member
31
OTHERS PRESENT
32
33
34 Mark Satterlee ................................................Growth Management Department Director
35 Heather Young ...............................................Assistant County Attorney
36 Katherine Mackenzie-Smith ..........................Assistant County Attorney
37 Heather Lueke ................................................Assistant County Attorney
38 Kristin Tetsworth ...........................................Planning Manager
39 Diana Waite ...................................................Senior Planner
40
41 Ms. Young confirmed that staff received e-mails from all those not present advising they
42
43
ANNOUNCEMENTS
44
45 None.
46
47
1
DISCLOSURES
1
2 Mr. Hearn disclosed that he visited the Prayer Tower site and the site of the proposed
3 body shop.
4
5 Mr. Culverhouse disclosed, with regards to agenda item 8, that he had a meeting with
6 Kara Wood and also had a brief telephone conversation with Al Brown, who owns
7 relative).
8
Item #1 Minutes
9
10 Review the minutes from the August 16, 2007 regular meeting for approval.
11
Ms. Hammer motioned approval of the minutes as printed.
12
13
Mr. Culverhouse seconded and the motion carried unanimously.
14
15
Item #2: Crop Tech International CU 520071148
16
17 T
18
19 Kristin Tetsworth presented this item explaining that after the special meeting to hear this
20 item was advertised for September 6, 2007, staff received a request from Crop Tech
21 International to withdraw the current application. Since it had been previously
22 advertised, it had to remain on the agenda.
23
24 Mr. Culverhouse questioned the reason for
25 Tetsworth explained that it was her understanding that Crop Tech was going to bring
26 back an application for the proposed project on a different parcel. However, she has not
27 heard from them in quite a while.
28
29 There
30 seemed to be on and the uneasiness that scenario brought to several Board members.
31
32 Ms. Hammer felt it noteworthy to mention that after the August meeting, she questioned
33 the Environmental Resources Department Director on the Crop Tech issue. The Director
34 confirmed that she indeed spoke with the applicant regarding the environmental issues
35 surrounding his application and also had a meeting with him. She noted that she had
36 documentation to that effect. Ms. Hammer requested that staff, make part of this public
37 record, the documentation of the conversation and/or meeting between the applicant for
38 Crop Tech and the Director of Environmental Resources.
39
Ms. Morgan motioned to acce
40
41
Vice Chairman Caron seconded and the motion carried unanimously.
42
43
44
2
Item #3: Prayer Tower International RZ 420071120
1
2 Petition of Prayer Tower International for a change in zoning from the RS-4 (Residential,
3 Single-Family 4 units per acre) Zoning District to the RF (Religious Facilities) Zoning
4 District.
5
6 Kristin Tetsworth presented this item explaining that the applicant is requesting a change
7 in zoning from RS-4 to RF for the purpose of allowing a church facility. The site is
8 currently vacant and undisturbed and located at the intersection of two dirt roads
9 (Iroquois Avenue and Bryant Road). Bryant Road ounty unmaintained
10 right-of-way. Staff advised that a site plan is not required for this rezoning request, but
11 the applicant did indicate he would be willing to submit onee
12 limited sized structure the site can accommodate, as well as related well and septic tank
13 issues. Since the applicant is estimating a 4,000 sq. ft. structure and the threshold
14 triggering Growth Management Department review is 6,000 sq. ft., Growth Management
15 staff would not be reviewing the site plan, rather, the applicant would go straight to the
16 Building Department for approval. Also, the property is surrounded by residential use,
17 which would usually trigger buffer requirements that Growth Management staff cannot
18 impose.
19
20 Staff is recommending approval of this application, but will leave to the Board
21 discretion deliberation of the issues raised.
22
23 Board members discussed with staff the parking requirements, the road improvements
24 needed and the issues raised by staff with regards to the size of the parcel.
25
26 Ms. Tetsworth advised the Board that a petition of objection, signed by surrounding
27 property owners, was received with regards to this proposed project.
28
29 Mr. Hearn opened the public hearing.
30
31 Rich Laventure, representing the applicant, spoke briefly, requesting the rezoning be
32 judged on its own merit. A site plan will be submitted addressing the parking and other
33 issues raised by staff. A 4,000 square foot building is a target number if it needs to be a
34 smaller building, the applicant can work with that.
35
36 Reverend Jimmie Nettles introduced himself and advised that if there is not adequate
37 space, the church owns two additional lots adjacent to the subject site that can be used.
38 Reverend Nettles also expressed his surprise to hear that there was negative feedback
39 received by staff. To his knowledge, there were few people who objected to the proposed
40 project.
41
42 The following members of the public spoke in opposition to the proposed rezoning: Paul
43 Schall and Steve Davi.
44
45 Mr. Hearn closed the public hearing.
46
3
1
2 regards to water and septic to the proposed structure. Due to the small size of the lot,
3 would it accommodate a large enough septic tank for the proposed structure? Mr.
4 Laventure noted that the Health Department, to date, has no objections. But, the
5 applicant will certainly follow the appropriate permitting requirements for further review
6 by the Health Department. Mr. Laventure also noted that he was advised that water is
7 available to the site from the Fort Pierce Utilities Authority.
8
9 Vice Chairman Caron and other Board members advised that they are not opposed to
10 religious facilities in residential neighborhoods. They do not feel it decreases property
11 values. However, they hesitate to support this application simply because of the issues
12 that were brought up by staff.
13
Ms. Hammer motioned to recommend that the St. Lucie County Board of County
14
Commissioners deny this rezoning application because it does not meet the
15
standards of the Code, because of the concerns raised by staff and because it does
16
not meet the standards for the health, safety and welfare of the community.
17
18
Ms. Morgan seconded.
19
20
21 Roll Call
22
23 Mr. Culverhouse yes
24 Vice Chairman Caron yes
25 Ms. Morgan yes
26 Ms. Hammer yes
27 Chairman Hearn yes
28
The motion carried unanimously.
29
30
Item #4: Grande Beach North Hutchinson Island, LLC - Ordinance No. 07-032
31
32 Petition of Grande Beach North Hutchinson Island, LLC to amend the Land
33 Development Code Section 7.03.00, Planned Mixed Use Development, amending Section
34 7.03.03 to modify the standards and requirements to allow greater than 40% residential
35 development and modify the standards for horizontal and vertical integration of uses, for
36 a 9.44-acre parcel of land, to implement the development project and related
37 Comprehensive Plan Amendment known as Grande Beach.
38
39 Kristin Tetsworth presented this item explaining that approval of the text amendment will
40 allow the applicant to exceed the 40% residential component, but only for this particular
41 piece of property not county-wide. This item came before this P&Z on August 21,
42 2007 with a 5-1 recommendation of approval. The Board of County Commissioners
43 voted to remand the application back to this Board for a reconsideration of the vote, but
44 no changes were recommended by the Board of County Commissioners.
45
46 Staff is recommending approval.
4
1 Mr. Hearn opened the public hearing.
2
3 Bobby Klein, representing the applicant, spoke stating that the 17,000 sq. ft. of
4 commercial with 70 residential units meets all of the requirements imposed by the
5 County at meetings, hearings and deliberations during the application period.
6
7 Doug Davis spoke stating that he feels the commercial use should be the primary
8 component of this project. Mr. Douglas feels that Hutchinson Island does not need any
9 more residential units.
10
11 The following members of the public spoke in favor of the application: Diane Andrews,
12 Vice President and Secretary of North Beach Association, Michael Riordin, Nancy
13 Spalding, Joan Miller, Bob Lowe, Nicholas Pecoraro, Kathy Brandon, Greg Simmons,
14 and Jean Downing
15
16 The following members of the public spoke in opposition: Jeff Mitchell, Paul Berg,
17 Deborah Agnello, and Brian Combs.
18
19 There was discussion among Board members and certain public speakers with regards to
20 the settlement reached between the developer and the North Beach Association and the
21 time-frame which the settlement was disclosed.
22
23 Mr. Hearn closed the public hearing.
24
25 Mr. Klein spoke briefly stating that the text amendment here addresses only the 40%
26 residential, which is consistent with the land use amendment. It was fully reviewed by
27 the Department of Community Affairs who had no objection.
28
29 Mr. Sanders stated that the developer has worked with the School District providing a
30 voluntary contribution for their density increase versus per-student cost. The developer
31 also provided a bus stop at the site.
32
Ms. Morgan motioned to recommend that the St. Lucie County Board of County
33
Commissioners approve this text amendment to the Land Development Code
34
because it is consistent with the Comprehensive Plan and because staff is
35
recommending approval
36 .
37
Mr. Culverhouse seconded
38 .
39
40 Roll Call
41
42 Ms. Hammer no
43 Vice Chairman Caron no
44 Mr. Culverhouse yes
45 Ms. Morgan yes
46 Chairman Hearn yes
5
1
The motion carried 3-2 with Vice Chairman Caron and Ms. Hammer dissenting.
2
3
4 The Board took a break at 8:38 p.m. and reconvened at 8:50 p.m.
5
Item #5: Grande Beach North Hutchinson Island, LLC
6
7 Petition of Grande Beach North Hutchinson Island, LLC for a Preliminary Planned
8 Mixed Use Development (PMUD) site plan approval for the project to be known as
9 Grande Beach PMUD.
10
11 Ms. Tetsworth presented this item explaining that this is a request for the approval of the
12 Planned Mixed Use Development Site Plan for the Grande Beach PMUD application.
13 Staff is recommending approval.
14
15 Bobby Klein, Esq., representing the applicant, spoke briefly saying he concurs with staff.
16
17 Mr. Hearn opened the public hearing.
18
19 Jeff Mitchell spoke and questioned what the plans are for the canal on the site.
20
21 Mr. Klein replied by explaining that the area of the canal is not within this PUD. The
22 existing docks will remain there for loading and unloading only. There will be no
23 overnight docking.
24
25 Greg Simmons spoke of the importance of retail businesses being visible from the street.
26 Especially for the viability of the business.
27
28 The following members of the public spoke in opposition to this application: Brian
29 Combs, Paul Berg and Doug Davis.
30
31 The following member of the public spoke in favor of the application: Nancy Spalding.
32
33 Mr. Hearn closed the public hearing.
34
35 Ms. Hammer requested some revisions on the site plan be done. Michael Houston,
36 representing the applicant, assured her the revisions needed will be done prior to going
37 before the Board of County Commissioners.
38
39 Mr. Klein explained briefly that after discussions with appropriate staff, it was decided
40 that the developer will contribute money to a fund that will be used to construct bus
41 shelters in those areas where community transit currently has stops. There are no plans
42 for community bus routes on Hutchinson Island.
43
44 Ms. Caron questioned at what grade the wall, as shown on the site plan, will be
45 constructed. Michael Houston, representing the applicant, replied it will most likely be at
46 existing grade.
6
1
Ms. Morgan motioned to recommend that the St. Lucie County Board of County
2
Commissioners approve this Preliminary Planned Mixed Use Development site plan
3
subject to the conditions that are noted in the staff report and subject to Mr.
4
5
6
Mr. Culverhouse seconded.
7
8
9 Roll Call
10
11 Ms. Hammer no because residential units will be given away for free.
12 Vice Chairman Caron no
13 Mr. Culverhouse yes
14 Ms. Morgan yes
15 Chairman Hearn yes
16
The motion carried 3-2 with Ms. Hammer and Vice Chairman Caron dissenting.
17
18
Item #6: Lois Barker CU 320071087
19
20 Petition of Lois Barker for a Conditional Use Permit to allow for the operation of an auto
21 body repair shop in the CG (Commercial, General) Zoning District.
22
23 Ms. Tetsworth presented this item explaining that the subject property is located at 411
24 Weatherbee Road, approximately 350 feet west of US Highway 1. Approval of the
25 Conditional Use Permit would allow for the operation of an auto body repair shop. Staff
26 is recommending approval of this application.
27
28 Lois Barker, owner of the property, spoke briefly, requesting approval.
29
30 Mr. Hearn questioned if there are plans to buffer the business from the RV park that is
31 adjacent to the subject site.
32
33 Michael Cristoforo explained that he is purchasing the property from Ms. Barker and will
34 be the one operating the auto body shop. Mr. Cristoforo explained that he would be
35 willing to follow any buffer requirements suggested by this Board and/or staff.
36
37 Ms. Caron questioned what the proposed hours of operation will be.
38
39 Mr. Cristoforo explained that the business will be open Monday through Friday from 8
40 am until 5 pm and Saturdays from 8 am until 2 pm with no Sunday hours.
41
42 Ms. Hammer requested that on page 7 of the staff report, the time frame with regards to
43 compliance with the Solid Waste Best Management Practices be changed from 90 days to
44 30 days after issuance of a Certificate of Occupancy. Ms. Hammer suggested that staff
45 make that time frame consistent throughout the documents.
46
7
1 Mr. Hearn opened the public hearing. No one from the public spoke and the public
2 hearing was closed.
3
Vice Chairman Caron motioned to recommend that the St. Lucie County Board of
4
County Commissioners approve this request for a Conditional Use Permit to include
5
the conditions noted in the staff report, that the County require an
6
buffer wall between the RV park, that the hours of operation be as noted earlier and
7
that the County enforce the reduced time frame for Solid Waste inspection.
8
9
Ms. Morgan seconded and the motion carried unanimously.
10
11
Item #7 Shannon Mayne RZ-320071088
12
13 Petition of Shannon Mayne for a change in zoning from the AR-1 (Agricultural,
14 Residential 1 unit per acre) Zoning District to the RS-4 (Residential, Single-Family 4
15 units per acre) Zoning District.
16
17 Ms. Tetsworth presented this item explaining that the parcel is 0.30-acres in size and is
18 located approximately 450 feet west of the intersection of Millwood Place and South
19 Cardinal Avenue. The change in zoning is requested in order to permit a single-family
20 residence be built on a 75x180 foot lot in the Jay Gardens Subdivision.
21
22 Diana Waite went on to explain that Jay Gardens is a non-conforming subdivion which
23 was created in 1960. At a later date the County changed zoning in the area to require 1-
24 acre lots.
25
26 Mr. and Mrs. Smith, who owned the subject lot and are speaking on behalf of the
27 applicant, explained that they gave this lot to their daughter and son-in-law for them to
28 build a home. They are requesting approval.
29
30 Mr. Hearn opened the public hearing. No one from the public spoke and the public
31 hearing was closed.
32
33 There were discussions between Board members and staff with regards to the small lot
34 size and whether or not it can accommodate a well and septic tank.
35
Mr. Culverhouse motioned to recommend that the St. Lucie County Board of
36
County Commissioners approve this rezoning request because the applicant would
37
not otherwise be able to build a home that would be consistent with the surrounding
38
area.
39
40
Vice Chairman Caron seconded.
41
42
43 Roll Call
44
45 Ms. Morgan yes
46 Ms. Hammer no
8
1 Vice Chairman Caron yes
2 Mr. Culverhouse yes
3 Chairman Hearn yes
4
The motion carried 4-1 with Ms. Hammer dissenting.
5
6
Item #8: TVC Text Amendment Ordinance 07-055
7
8 The purpose of this ordinance is to adopt Interim Land Development Regulations to
9 apply to property generally located in the Towns, Villages and Countryside (TVC)
10 Overlay Zone (Exhibit A), providing for codification, severability, and an effective and
11 termination date.
12
13 This item was presented by Kara Wood, TVC Planning Manager for the County who was
14 accompanied by Marcela Camblor and Anthea Gianniotes of the Treasure Coast Regional
15 Planning Council.
16
17 Ms. Wood began by explaining that in May 2006 the Board of County Commissioners
18 adopted the TVC Comprehensive Plan Amendment and the Land Development
19 Regulations. In August 2007 an objection was filed by an affected property owner. After
20 receiving Board of County Commissioner approval, it was noted that an error had been
21 made which made the Land Development Regulations effective immediately or upon
22 filing with the Secretary of State. It was the intention of staff that the TVC element
23 would be effective consistent with the Comprehensive Plan. In short, this error lifted all
24 TVC regulations which the County had been working towards for several years.
25
26 This is an interim ordinance until such time as the objection to the Comprehensive Plan is
27 settled. Ms. Gianniotes explained that no matter what the outcome of the challenge of the
28 Comprehensive Plan, these interim Land Development Regulations can stay enforce as is.
29 They are consistent with the current Comprehensive Plan.
30
31 Mr. Hearn opened the public hearing.
32
33 Jonathan Ferguson, Esq., spoke in opposition to these interim Land Development
34 Regulations and is requesting that the Planning and Zoning Commission recommend
35 denial.
36
37 There was a lengthy discussion between Mr. Ferguson and Ms. Gianniotes with regards
38 to these Interim Land Development Regulations and the requirement of PUDs versus
39 straight zoning.
40
41 Mr. Sanders explained that not implementing the TVC has been problematic for the
42 School District. Certain developers have backed out of PUDs opting for straight zoning.
43 These developers had been working with the School District on school sites.
44
9
1 After discussions between staff and Board members, Ms. Young advised the Board that
2 staff will be looking for a motion recommending that the Board of County
3 Commissioners either adopt or not adopt proposed Ordinance Number 07-055.
4
Vice Chairman Caron motioned to recommend that the St. Lucie County Board of
5
County Commissioners approve proposed Ordinance No. 07-055.
6
7
Ms. Hammer seconded.
8
9
10 Roll Call
11
12 Ms. Morgan no
13 Mr. Culverhouse no
14 Ms. Hammer yes
15 Vice Chairman Caron yes
16 Chairman Hearn no
17
18 Motion failed 2-3 with Ms. Morgan, Mr. Culverhouse and Chairman Hearn dissenting.
19
Item #9: Ordinance No. 07-13
20
21 The purpose of this ordinance is to provide the Terms and Conditions for Erecting,
22 Constructing, and Maintaining a Communications Facility in -
23 of-Way for the Provision of Communications Service.
24
25 This item was presented by Katherine Mackenzie-Smith who explained that this proposed
26 ordinance will provide the County with as much regulation as possible due to some recent
27 state law changes. Ms. Mackenzie-Smith explained that this was done in consultation
28 with outside counsel. Ms. Mackenzie-Smith introduced Ila Feld, Esq.
29
30 Ms. Feld introduced herself and explained that Federal and State laws have significantly
31 reduced the authority of counties with regards to regulating wire line providers. This
32 ordinance would grant the County certain authority over wire line providers. In order for
33 the County to exercise its authority, adoption of this ordinance is required.
34
35 Staff is recommending approval of this ordinance.
36
37 Mr. Hearn expressed his unease with the erecting and constructing
38 language seems to imply that towers and antennas would be permitted to be erected in
39 County rights-of-way.
40
41 Ms. Feld and Ms. Mackenzie-Smith agreed that they can revise that language.
42
Mr. Culverhouse motioned to recommend that the St. Lucie County Board of
43
County Commissioners grant approval of proposed Ordinance No. 07-013.
44
45
10
Ms. Hammer seconded (noting that the dates on page 3 of the ordinance need to be
1
corrected) and the motion carried unanimously.
2
3
Item #10: Ordinance No. 07-014
4
5 The purpose of this ordinance is to establish guidelines for the siting of wireless
6 telecommunications towers and antennas.
7
8 This item was presented by Ms. Katherine Mackenzie-Smith and Ila Feld.
9
10 Mr. Hearn spoke of the ordinance that is in place now. He expressed his frustration with
11 the fact that the community worked very hard on the current ordinance. To find out that
12 it was going to be replaced was very disheartening. Mr. Hearn questioned why the old
13 ordinance
14
15 Ms. Feld, in response, explained that the State of Florida adopted a new statute and this
16 new ordinance will allow the County to exercise its maximum authority. Ms. Feld
17 explained that, in essence,
18 ineffective.
19
20 Staff is recommending approval.
21
22 Mr. Hearn explained that h,
23 but was not able to do so. He feels there are concerns that still need to be addressed. Mr.
24 Hearn expressed his desire to have this item continued to October 18, 2007 in order to
25 allow further review. Mr. Hearn advised that he would like to schedule a meeting with
26 Ms. Feld prior to that meeting.
27
Mr. Culverhouse motioned to continue this item to the October 18, 2007 Planning
28
and Zoning Commission meeting at 6:00 pm or as soon thereafter as the item can be
29
heard.
30
31
Ms. Morgan seconded and the motion carried unanimously.
32
33
34 Ms. Hammer gave her copy of the proposed ordinance to Ms. Mackenzie-Smith so that
35 the typos found by Ms. Hammer could be made prior to the next meeting on this item.
36
Item #11: Ordinance No. 07-054
37
38 The purpose of this ordinance is to bring St. Lucie Count
39 tory water
40 conservation element.
41
42 Heather Lueke presented this item explaining that the South Florida Water Management
43 District requires municipalities requesting water supply allocations in excess of 500,000
44 gallons per day prepare a Water Conservation Plan as part of the Water Use Permit
45 process. Ms. Lueke went on to explain that the County is in the process of applying for a
11
1 Water Use Permit Modification for future water treatment plants that would cause the
2
3
4 The County is already in compliance with several of South Florida Water Management
5 inance would bring the
6 taff is recommending approval.
7
8 from the first paragraph of Sec. 1-
9 20.5-36. Definitions.
10
11 be defined early in the proposed
12 ordinance so that readers know it refers to the South Florida Water Management District.
13
14 Ms. Hammer suggested that Ms. Lueke look into whether or not the penalties for
15 violations can be increased.
16
Ms. Hammer motioned to recommend that the St. Lucie County Board of County
17
Commissioners approve proposed Ordinance Number 07-054.
18
19
Vice Chairman Caron seconded.
20
21
22 Roll Call
23 Ms. Morgan yes
24 Mr. Culverhouse yes
25 Vice Chairman Caron yes
26 Ms. Hammer yes
27 Chairman Hearn no
28
The motion carried 4-1 with Chairman Hearn dissenting.
29
30
OTHER BUSINESS
31
32
33 Board members discussed scheduling a date for the Workshop on Chapters 10, 11, and 12
34 of the Land Development Code.
35
36 Mr. Satterlee explained that staff has determined that Monday, October 8, 2007 and
37 Tuesday, October 9, 2007 were the dates most Board members were able to attend.
38
39 Board members suggested having the meeting start at 9:00 a.m.
40
41 Mr. Hearn mentioned that any e-mails this Board receives from staff
42 ability to attend a meeting must be answered as quickly as possible.
43
44 Ms. Caron expressed her frustration with the fact that Board members devote a lot of time
45 and attention reading all the materials for these meetings. It is very inconvenient to find
46 out only a few hours prior to the start of a meeting that there may not be a quorum. Mr.
12
1 Hearn stated that if an e-mail is received by staff in an effort to ascertain if there will be a
2 quorum for the following , it is the responsibility of each Board member
3 to reply as quickly as possible (a 24 hour response time is not unreasonable).
4
5 Board members also discussed the schedule for their December meeting. It was decided
6 that December 6 would be the meeting date. Ms. Hammer advised that she would not be
7 able to attend. Mr. Satterlee advised that staff will look into the December date to ensure
8 that there will be a quorum and get back with Board members.
9
10 There being no further business, the meeting was adjourned at 11:38 p.m.
13