HomeMy WebLinkAboutMinutes 07-15-2010
St. Lucie County
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Planning and Zoning Commission/ Local Planning Agency
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rd
Roger Poitras Annex, Commission Chambers, 3 Floor
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July 15, 2010 Meeting
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6:00 p.m.
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In the event of a conflict between these written minutes and a compact disc recording,
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the compact disc shall control.
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I. CALL TO ORDER
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Chairman Mundt called the meeting to order at 6:00 p.m.
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A. Pledge of Allegiance
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B. Roll Call
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Craig Mundt ......................................Chairman
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Britt Reynolds ..................................Vice-Chairman
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Pamela Hammer ...............................Commission Member
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Edward Lounds .................................Commission Member
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Stephanie Morgan ............................Commission Member
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Tod Mowery ......................................Commission Member
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Susan Caron.....................................Commission Member
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Barry Schrader .................................Commission Member
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Brad Culverhouse (arrived at 6:35) ...Commission Member
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Kathryn Hensley (arrived at 6:05) .....Ex-Officio Member
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Members Absent
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None
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Staff Present
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Heather Young .................................Assistant County Attorney
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Mark Satterlee ..................................Planning and Development Services Director
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Kara Wood........................................Planning Manager
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Linda Pendarvis ................................Planner
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Britton DeWitt ...................................Senior Planner
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Michelle Hylton .................................Recording Secretary
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C. Announcements
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None.
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D. Disclosures
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Page 2 of 6
None.
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II. MINUTES
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Review the minutes from the June 17, 2010 meeting for approval.
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Mr. Mowery moved to approve of the minutes as amended.
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Mr. Reynolds seconded. The motion carried 8-0.
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III. PUBLIC HEARINGS
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A. Prayer Tower International, Inc. – PNRD 820093999
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Petition of Prayer Tower International, Inc. for an amendment to the Official Zoning
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Atlas to Change the Zoning from the RS – 4 (Residential, Single Family – 4 du/acre)
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Zoning District to the PNRD (Planned Non-Residential Development) Zoning District and
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grant Preliminary and Final Planned Non – Residential Development site plan approval
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for the project known as Prayer Tower. Staff comments and presentation by Linda
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Pendarvis.
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Ms. Pendarvis presented the petition.
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Mr. Lounds asked whether an existing facility at Juanita and 25 Street that serves alcohol
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would be burdened by the location of the new religious facility.
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Ms. Pendarvis stated they would not be affected unless they go out of existence for 12 months,
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in which case they would need to apply for a conditional use or variance.
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Steven Cooper, of Steven Cooper P.E. and Associates, spoke on behalf of the applicant
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stating they agree with the report and recommendations. He stated they have FDOT approval
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to build on 25 Street.
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Mr. Schrader asked what kind of lighting would be used.
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Mr. Cooper stated there is no proposed lighting.
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Mr. Lounds asked about the size of the congregation in relation to traffic.
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Pastor Jimmie Nettles, the applicant, stated they have 40-60 people, but are growing.
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Mr. Mundt asked whether sound would be contained within the building.
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Mr. Nettles stated that is correct.
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Chairman Mundt opened the public hearing.
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No one spoke.
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Chairman Mundt closed the public hearing.
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Mr. Mowery stated there are 51 proposed parking spaces in response to Mr. Lounds’ question.
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Mrs. Hammer asked if it were possible to waive the opaque fence requirement so it does not
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block the view of trees.
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Ms. Pendarvis stated the Code is adamant about fencing between a single family home and a
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PNRD.
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Mr. Lounds asked whether there could be a “step-down” fence to avoid traffic hazards.
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Ms. Pendarvis stated they could do a triangle visual fence.
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Mr. Schrader made the motion:
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After Considering the testimony presented during the public hearing, including
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staff comments, and the standards of review as set forth in Section 11.06.03, St.
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Lucie County Land Development Code, I hereby move that the Planning and
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Zoning Commission recommend that the St. Lucie County Board of County
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Commissioners grant a change in Zoning from the RS-4 (Residential, Single
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Family – 4 du/ac) Zoning District to the PNRD (Planned Non-Residential
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Development) Zoning District, and preliminary/final PNRD site plan approval for
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the project known as “Prayer Tower” because it is compatible with the
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characteristics of the neighborhood and the zoning of the surrounding
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properties, and I also ask that we include the conditions and recommendations
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set forth by staff.
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Mr. Reynolds seconded.
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Mr. Mowery suggested moving the fence back to the front face of the homes to remove the
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concern of Mr. Lounds.
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Ms. Pendarvis stated they could require a 25-foot setback, which would be normal in this
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zoning district.
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Mr. Lounds stated that would satisfy his concerns.
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Mr. Schrader amended his motion to include the 25-foot setback.
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Mr. Reynolds stated his second stills stands. The motion carried 8-0.
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B. Ordinance No. 10-026
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An Ordinance to approve amending the Text of the Land Development Code to include
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kennels (SIC 0752) as a permitted use in the IL (Industrial Light) Zoning District. Staff
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comments and presentation by Britton DeWitt.
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Mrs. DeWitt presented the County initiated petition.
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The Commission discussed the hours the dogs would be allowed outside, and the construction
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of the kennels.
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Chairman Mundt opened the public hearing.
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Harold Smith, representing the person who brought the issue to the Board of County
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Commissioners, spoke in favor of the Ordinance. He stated he believes it was a simple
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oversight of something that could have been permitted in writing the Code.
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Chairman Mundt closed the public hearing.
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Mrs. Hammer stated if this were passed, it would apply to all Industrial Light areas in the
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county. She stated she would not support this as a permitted use, but would be willing to
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support it as a conditional use.
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(Mr. Culverhouse joined the Commission)
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Mrs. DeWitt stated a lot of the Industrial Light throughout the county is located near residential
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areas.
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Mr. Lounds stated he shares Mrs. Hammer’s concern.
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Mr. Mundt asked if soundproofing of the building was addressed in the ordinance.
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Mrs. DeWitt stated it was not.
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The Commission continued to discuss the issue of noise and soundproofing.
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Mr. Mowery stated they could add supplemental regulation standards related to kennels in the
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LDC, but it would still be a permitted use.
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Ms. Wood stated when someone applies for an occupational license the Zoning Division would
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check to make sure it is a permitted use in the zoning and a Code Enforcement Officer would
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check to make sure standards that go with that use are in place on the property.
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The Commission discussed changing the wording in relation to the Vero Beach regulations for
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supplemental standards to address noise.
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Mrs. Hammer stated she is not comfortable taking action without seeing a map to see all the
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areas that will be impacted by this.
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Mr. Satterlee stated they would provide a map for the BOCC so they have an analysis of the
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acreage to which this would apply. He stated the BOCC said they want this as quickly as
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possible, so he respectfully requested that the Commission take action tonight.
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Mr. Mowery stated he would like to discuss a supplemental regulation adding hours of
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operation for an outdoor dog run.
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The Commission discussed adding supplemental regulations to the use.
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Mr. Mowery made the motion:
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A motion to approve after Considering the testimony presented during our
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evening discussion, including staff comments, I would hereby move that the
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Planning and Zoning Commission recommend that the St. Lucie County Board of
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Commissioners approve a text amendment to the St. Lucie Land Development
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Code in Section 3.01.03 (T) IL (Industrial Light) District granting kennels as a
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permitted use, and adding to Section 7.10.00 supplemental regulations, a general
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standard for kennels in the IL District, providing the language as shown under the
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Vero Beach section: “boarding of domestic dogs and cats provided such activity
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is located no closer than 1,000 feet from a residential district; or where the animal
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refuge will be in a fully enclosed soundproofed building and any animal run is
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fully screened to a height of 6 feet and set back from all property lines by at least
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25 feet and the outdoor run is only utilized during the hours between 8:00 a.m.
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and 6:00 p.m. All animals shall be housed within the required soundproof
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structure between the hours of 6:00 p.m. and 8:00 a.m.”
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Mr. Reynolds seconded.
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Ms. Young stated due to the fact the ordinance was advertised with a specific title amending
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only the Industrial Light permitted uses, we would have to prepare a separate ordinance as
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included in the motion.
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The Commission discussed ways to add the language without a separate public hearing.
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Ms. Young stated the Vero Beach Code actually approves hours of operation in the permitted
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use language as opposed to supplemental standards, so if you did that you would be
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amending it to make it more restrictive, and it wouldn’t need to be re-advertised.
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The Commission discussed how the standards would be written into the ordinance.
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Ms. Young suggested an amendment to the motion to recommend approval:
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The Planning and Zoning Commission recommends that the Board of County
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Commissioners adopt proposed Ordinance number 10-026 with the addition of
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the same restrictions as found in the comparable Vero Beach ordinance to the
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language for permitted uses “kennels” in the IL Zoning District.
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Chairman Mundt called for the previous motion and second to be withdrawn. The
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motion maker and seconder agreed.
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Mr. Mowery stated the motion is acceptable. Mr. Reynolds concurred.
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The Commission discussed the distance of the structures from homes.
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Mr. Mowery amended his motion as follows:
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We recommend to the Board of County Commissioners approve Ordinance No.
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10-026, amending St. Lucie County Land Development Code Section 3.01.03 (T) IL
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(Light Industrial) Zoning District to allow kennels as a permitted use, adding the
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language that the hours of operation be between 8:00 a.m. and 6:00 p.m. and that
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the animal run is fully screened to a height of six feet and set back from all
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property lines at least 20 feet. The animals shall be housed within the required
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soundproof structure between the hours of 6:00 p.m. and 8:00 a.m.
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Mr. Reynolds seconded. The motion carried 8-1 with Mrs. Hammer dissenting.
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OTHER BUSINESS
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A. Planning and Development Services Director Comments.
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Mr. Satterlee stated BP has capped the well in the Gulf, and it is starting to solve the problem.
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Mr. Lounds asked how to initiate an ordinance for relief from nuisance barking dogs.
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Mr. Satterlee stated an individual could initiate the application or ask the BOCC to direct staff
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to undertake that task.
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The Commission briefly discussed the potential of initiating an ordinance for barking dogs, but
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decided not to initiate such an ordinance.
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IV. ADJOURN
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There being no further business, the meeting adjourned at 7:15.
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Planning and Zoning Commission June 17, 2010
Minutes