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HomeMy WebLinkAboutMinutes 05-20-2010 St. Lucie County 1 Planning and Zoning Commission/ Local Planning Agency 2 rd Roger Poitras Annex, Commission Chambers, 3 Floor 3 May 20, 2010 Meeting 4 6:00 p.m. 5 In the event of a conflict between these written minutes and a compact disc recording, 6 the compact disc shall control. 7 8 I. CALL TO ORDER 9 Chairman Mundt called the meeting to order at 6:00 p.m. 10 A. Pledge of Allegiance 11 B. Roll Call 12 Craig Mundt ......................................Chairman 13 Britt Reynolds ..................................Vice-Chairman 14 Pamela Hammer ...............................Commission Member 15 Edward Lounds .................................Commission Member 16 Stephanie Morgan ............................Commission Member 17 Tod Mowery ......................................Commission Member 18 Barry Schrader .................................Commission Member 19 Brad Culverhouse .............................Commission Member 20 Susan Caron.....................................Commission Member 21 Kathryn Hensley ...............................Ex-Officio Member 22 23 Members Absent 24 None. 25 Staff Present 26 Heather Young .................................Assistant County Attorney 27 Heather Lueke ..................................Assistant County Attorney 28 Mark Satterlee ..................................Planning and Development Services Director 29 Kristin Tetsworth ...............................Senior Planner 30 Diana Waite ......................................Senior Planner 31 Robin Meyer .....................................Building and Code Regulations Manager 32 Michelle Hylton .................................Recording Secretary 33 Dawn Milone .....................................Recording Secretary 34 35 C. Announcements 36 Page 2 of 6 None. 37 D. Disclosures 38 Mrs. Hammer asked Ms. Young whether she should recuse herself for an item since 39 she has a business relationship with the engineer on the project. Ms. Young advised 40 her to recuse herself if she felt uncomfortable with the situation. 41 42 II. MINUTES 43 Review the minutes from the April 15, 2010 meeting for approval. 44 Ms. Hammer noted her changes to the minutes. 45 Mr. Schrader motioned for approval of the minutes as amended. 46 Ms. Caron seconded. The motion carried unanimously. 47 48 III. PUBLIC HEARING 49 A. Ordinance No. 10-010: County Attorney – continued from the February 18, 50 2010 meeting. 51 Petition of the County Attorney of draft Ordinance No. 10-010 which, if adopted, would 52 require that advance notice of expert documents and expert testimony that is proposed 53 to be introduced at a public hearing be filed with the County’s Growth Management 54 Director at least ten days before the public hearing. Staff comments and presentation by 55 the County Attorney’s Office. 56 Ms. Young stated since the February 18 public hearing, staff has been looking at the 57 ordinance, and at this time, staff’s recommendation is to cancel the public hearing, and re- 58 advertise if the ordinance will go forth. 59 Mr. Schrader motioned for the cancellation of the public hearing. 60 Mr. Lounds seconded. The motion carried unanimously. 61 C. North County Regional Water and Wastewater Treatment Plants Rezoning: RZ 62 920094011 – continued from the January 21, 2010 Meeting. 63 Petition of St. Lucie County Utilities for a change in zoning from the AR – 1 64 (Agricultural, Residential – 1 du/acre) Zoning District to the U (Utilities) Zoning District 65 to accommodate the proposed North County Regional Water and Wastewater Treatment 66 Plants. 67 Planning and Zoning Commission May 20, 2010 Minutes Page 3 of 6 Chairman Mundt stated staff has requested to continue this item to the August 19 meeting. 68 Chairman Mundt opened the public hearing. 69 No one spoke. 70 Chairman Mundt closed the public hearing. 71 Mrs. Hammer motioned for continuation of the item to August 19, 2010. 72 Ms. Morgan seconded. The motion carried unanimously. 73 B. Ordinance No. 10-021 – Pain Management Clinics 74 County staff is directed to analyze the effects of pain management clinics in the County, 75 to analyze the criteria for such additional standards under the zoning and land 76 development regulations in connection with the issuance of any development permits, 77 business licenses, or approvals for the location of pain management clinics within the 78 unincorporated St. Lucie County. Staff comments and presentation by the County 79 Attorney’s Office. 80 Ms. Lueke presented the petition. 81 Chairman Mundt opened the public hearing. 82 No one spoke. 83 Chairman Mundt closed the public hearing. 84 The commission discussed the moratorium that the County will use to find actions they can 85 take to prevent the abuse of pain management clinics. 86 Mr. Schrader asked if there have been any requests for pain clinics to date. Ms. Lueke stated 87 there are currently nine existing in St. Lucie County, eight of which are in the cities, one in the 88 unincorporated county. 89 Mr. Schrader asked how staff was notified of this. Ms. Lueke stated it was initiated by the 90 Sheriff because there has been an apparent trend of the clinics migrating north. 91 Ms. Caron stated the public should know we are specifically talking about clinics that target 92 prescription drugs and narcotics. 93 Mr. Mundt asked if the cities were looking into similar ordinances. Ms. Lueke stated Port St. 94 Lucie is. 95 Planning and Zoning Commission May 20, 2010 Minutes Page 4 of 6 Ms. Caron suggested the city of Fort Pierce be notified. Ms. Lueke stated that during the 96 moratorium period the County would like to coordinate with the two cities to have standard 97 regulations for the whole county. 98 Mr. Lounds asked if there are restrictions placed on pain clinics. Would they retroactively affect 99 the existing pain clinics? Ms. Lueke stated no. 100 Mr. Mowery motioned approval of staff recommendation. 101 Mrs. Hammer seconded. The motion carried unanimously. 102 D. Juan Venegas Rezoning: RZ 10220094025 103 Petition of Juan Venegas for an amendment to the Official Zoning Atlas from the RS – 3 104 (Residential, Single – Family – 3 du/acre) Zoning District to the AR – 1 (Agricultural, 105 Residential – 1 du/acre) Zoning District. Staff comments and presentation by Kristin 106 Tetsworth. 107 Ms. Tetsworth presented the petition. 108 Mr. Mowery stated concerns regarding the location of the horse barn and that the applicant 109 understands the impacts of the rezoning. 110 Ms. Caron stated concerns regarding the code violation and the difficulty imposed on the 111 applicant. 112 Mr. Satterlee stated they informed Mr. Venegas that based on Code requirements he would 113 have to move his horses, or the alternative was to apply for rezoning to a district that would 114 allow him to keep his horses, however, he would also have to have it as a residence. 115 The Commission continued to discuss the Code violation, the impacts of the proposed 116 rezoning on the existing structure, and the requirement of the applicant to build a house. 117 Chairman Mundt opened the public hearing. 118 No one spoke. 119 Chairman Mundt closed the public hearing. 120 Mr. Schrader reiterated the Commission’s concerns about the applicant’s understanding of his 121 petition. 122 Ms. Morgan motioned to continue the item to the June 17 meeting. 123 Mr. Mowery seconded. The motion carried unanimously. 124 Planning and Zoning Commission May 20, 2010 Minutes Page 5 of 6 Mrs. Hammer and Ms. Caron recused themselves from the Commission. 125 E. SR 70 Borrow Pit @ Adams Ranch: CU 120104031 126 Petition of Peter W. Harrison for a Conditional Use Permit to allow for a sand mining 127 operation in the AG – 5 (Agricultural – 1 du/5 acres) Zoning District. Staff comments and 128 presentation by Diana Waite. 129 Ms. Waite presented the petition. 130 Ms. Caron stated she has a lease on neighboring property with Adams Ranch, and asked Ms. 131 Young if this is an issue. Ms. Young recommended Ms. Caron recuse herself. 132 Chairman Mundt called the applicant for their presentation. 133 Daniel Rutherford, of Engineering Design and Construction, representing the applicant 134 highlighted areas of potential community benefit. 135 Chairman Mundt opened the public hearing. 136 No one spoke. 137 Chairman Mundt closed the public hearing. 138 Mr. Lounds asked whether the mining of this site would be enough to complete the project. Mr. 139 Rutherford stated they could with a maximum depth of twenty feet, and there is no hardpan on 140 this site. 141 Mr. Lounds made the motion: 142 After considering the testimony presented during the public hearing, 143 including staff comments, and the standards of review as set forth in 144 Section 11.07.03, St. Lucie County Land Development Code, I hereby move 145 that the Planning and Zoning Commission recommend that the St. Lucie 146 County Board of County Commissioners grant approval to the application 147 of Peter Harrison for a Conditional Use Permit to allow for a sand mining 148 operation in the AG-5 (Agricultural – 1 unit per 5 acres) Zoning District, 149 because of all the testimony and statements made, the environmental 150 awareness that the Adams family has, and I think it would be well suited for 151 this area. 152 Mr. Reynolds seconded. The motion carried unanimously. 153 Mrs. Hammer and Mrs. Caron rejoined the meeting. 154 Planning and Zoning Commission May 20, 2010 Minutes Page 6 of 6 IV. OTHER BUSINESS 155 A. Chapter 11 Workshop - Staff requests review and input from the Planning and 156 Zoning Commission for recommended changes to the remaining sections of 157 Chapter 11. 158 The Commission discussed their comments and recommended changes with Robin Meyer, 159 Building and Code Regulations Manager. 160 B. Planning and Development Services Director Comments. 161 Mr. Satterlee extended thanks to Mr. Meyer and Ms. Milone for their work on the Land 162 Development Code changes. 163 C. Other business at the discretion of the Planning and Zoning Board Members. 164 The Commission extended their thanks to Ms. Milone for her service to the Commission. 165 Mr. Mundt asked the Commission how they would feel about more concise minutes, and if they 166 wish to make corrections in advance of the meeting. The Commission assented. 167 Mr. Satterlee stated the Board of County Commissioners might prefer more detailed minutes 168 so he will look into it. 169 V. ADJOURN 170 There being no further business, the meeting adjourned at 8:00. 171 Planning and Zoning Commission May 20, 2010 Minutes