HomeMy WebLinkAboutMinutes 06-17-2010
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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June 17, 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 6:05 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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Brad Culverhouse (arrived at 6:40) ...Commission Member
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Susan Caron.....................................Commission Member
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Members Absent
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Barry Schrader .................................Commission Member
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Kathryn Hensley ...............................Ex-Officio Member
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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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Michael Brillhart ................................Business and Concurrency Manager
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Kristin Tetsworth ...............................Senior Planner
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Diana Waite ......................................Senior Planner
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Jeff Johnson .....................................Senior Planner
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Michael Powley .................................County Engineer
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Yvette Alger ......................................Senior Environmental Planner
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Michelle Hylton .................................Recording Secretary
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C. Announcements
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Page 2 of 11
None.
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D. Disclosures
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Mr. Lounds disclosed that he had a discussion with a consultant on the Waterway Resources
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item. Mr. Reynolds, Ms. Morgan, and Mr. Mowery all disclosed the same.
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Ms. Young stated the Commission was provided with copies of the Voting Conflict Memoranda
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for Mrs. Hammer and Ms. Caron from the previous meeting.
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Mr. Mundt disclosed he also spoke with the engineer from MCZ Centrum Citrus Farms and
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with the agent for Johnson and Johnson Citrus. He stated he met with staff regarding all the
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items on the agenda.
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II. MINUTES
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Review the minutes from the May 20, 2010 meeting for approval.
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Ms. Hammer noted her corrections to the minutes.
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Mrs. Hammer moved to approve of the minutes as amended.
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Mr. Mowery seconded. The motion carried 7-0.
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Mr. Satterlee stated there are two public hearings regarding mines, one of which will be
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requesting a continuance. He stated there has been a lot of recent public input and Waterway
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Resources would like to take more time to talk to the public, but may benefit from the public
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input during the public hearing for MCZ Centrum Citrus Farms.
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III. PUBLIC HEARINGS
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A. Juan Venegas Rezoning: RZ 10220094025 continued from May 20, 2010
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meeting
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Petition of Juan Venegas for an amendment to the Official Zoning Atlas from the RS – 3
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(Residential, Single – Family – 3 du/acre) Zoning District to the AR – 1 (Agricultural,
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Residential – 1 du/acre) Zoning District. Staff comments and presentation by Kristin
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Tetsworth.
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Ms. Tetsworth presented the petition.
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Mr. Mowery asked whether the horses would be reviewed as a stable or an accessory use.
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Ms. Tetsworth stated the applicant would be building a single family home and move the
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existing barn to be within the area it needs to be.
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Chairman Mundt opened the public hearing.
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Planning and Zoning Commission June 17, 2010
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No one spoke.
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Chairman Mundt closed the public hearing.
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Ms. Caron stated her concern that the applicant is doing what staff wants him to rather than
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what he wants, and asked if there was a more appropriate zoning that he could have without
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building a home on the property.
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Ms. Tetsworth stated the future land use requires the use to be residential and staff feels
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confident that this is the best recommendation for all parties.
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Mrs. Hammer stated her concern that the applicant will want to run a landscaping business
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from the property, which will not be fair to the adjoining property owners.
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Ms. Tetsworth stated the landscaping business would be a Conditional Use that the applicant
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would have to come back before the Commission and the Board of County Commissioners to
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request that use.
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Mr. Mundt stated he brought those issues up earlier in the week.
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Mr. Mowery stated everyone had the same concerns but he feels staff has worked diligently
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with the applicant and he is still willing to go forward.
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Mr. Mowery 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 adopt a resolution granting approval to the application of
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Juan Venegas for an amendment to the Official Zoning Atlas to change the zoning
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from the RS-3 (Residential, Single Family – 3 du/ Acre) Zoning District to the AR-1
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(Agricultural, Residential – 1 du / Acre) Zoning District , because the petition is
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consistent with the County’s Comprehensive Plan, compatible with the existing
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and proposed land uses, and the site is capable of handling the impacts of the
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proposed zoning uses.
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Ms. Caron seconded. The motion carried 7-0.
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B. Lucie Rock, LLC: RZ 120104035
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Petition of Lucie Rock, LLC for an amendment to the Official Zoning Atlas from the AG –
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1 (Agricultural – 1 du/acre) Zoning District to the IL (Industrial, Light) Zoning District.
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Staff comments and presentation by Diana Waite.
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Ms. Waite presented the petition.
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Mrs. Hammer asked what the buffering distance would be between the property and the
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nearest residential unit.
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Ms. Waite stated there are 147 feet of rights of way between this parcel and the expired
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Sunnyland Farms PUD, and the Palm Breezes PUD to the west will be buffered by stormwater
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treatment along with a buffer and a berm.
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Lee Dobbins, of the law firm Dean Meade, representing the applicant, stated of the 94
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contiguous acres Lucie Rock owns, 77 acres were already rezoned to IL and IH in 2007 so this
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parcel would be an addition. He also addressed the buffering.
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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 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 approval to the application of Lucie Rock, LLC for a change
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in zoning from the AG-1 (Agricultural – 1) Zoning District to the IL (Industrial,
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Light) Zoning District, because the petition is consistent with the County’s Comp
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Plan, it is compatible with the existing and proposed land uses, the site is
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capable of handling the impacts of the proposed zoning uses, and it increases
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the acres available for employment centers and economic development
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opportunities.
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Mr. Lounds seconded. The motion carried 7-0.
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C. William Shane Bland: RZ 220104036
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Petition of William Shane Bland for an amendment to the Official Zoning Atlas from the
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CO (Commercial Office) Zoning District to the CG (Commercial General) Zoning District.
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Staff comments and presentation by Jeffrey Johnson.
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Mr. Johnson presented the petition.
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Mr. Lounds asked whether there was a grandfather clause that would apply since the applicant
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has been operating his business for 20 years.
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Mr. Johnson stated there was not.
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Mr. Mowery expressed concerns about the improvements and existing structures on the
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parcel.
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Mr. Johnson explained improvements would be required and the issues would be cleared up
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during the site plan review process.
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(Mr. Culverhouse joined the Commission)
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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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Ms. Caron 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 adopt a resolution granting approval to the application of
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William S. Bland for an amendment to the Official Zoning Atlas to change the
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zoning from the CO, Commercial Office Zoning District to the CG, Commercial
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General Zoning District, because it is compatible with the Commercial land use
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designation and complies with the Standards of Review in Section 11.09.02 none
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too soon.
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Mrs. Hammer seconded. The motion carried 8-0.
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D. MCZ/ Centrum Citrus Farms: CU 220081426
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Petition of MCZ/Centrum Citrus Farms for a Conditional Use Permit to allow a mining
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operation (Sand and Coquina Rock) in the AG – 5 (Agricultural 1 du/5 acre) Zoning
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District. Staff comments and presentation by Jeffrey Johnson.
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Mr. Johnson presented the petition.
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Mr. Mowery asked about the hours of operation as they differ from the other mining
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application.
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Mr. Reynolds expressed concerns about the requirements for truck traffic and the fact that
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Orange Avenue is not capable of conducting that traffic.
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Mr. Lounds asked whether the County could impose restrictions on the route.
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Mr. Johnson stated they could.
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Mrs. Hammer asked where the material from the mine would be going.
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Mr. Johnson stated it would be for roadway projects.
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Mrs. Hammer stated the proposed buffer does not seem sufficient for the size of the project,
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and expressed concern of the length of the approval for the project.
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The Commission expressed more concerns about the traffic, noise, and the buffer.
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Rick Reikenisrepresenting the applicant, stated they would be asking for a 30-day
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postponement, but provided clarifications for the Commission about the pumps that would be
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used on the project, the traffic implications, where the material would go, and other concerns
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they have discussed with staff.
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Mrs. Hammer suggested the applicant get the contact information from the public present that
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have concerns about the petition, but thinks 60 days would be more realistic.
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Mr. Johnson agreed.
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The Commission discussed the turn lanes on Orange Avenue, vegetation on the berm, the
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height of the berm, and the buffer with Mr. Reikenis and Mr. Currie.
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Ms. Alger explained the County’s requirements and procedures regarding the vegetation.
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Mr. Mundt asked if a fee toward road maintenance was considered.
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Mr. Reikenis stated the applicant has discussed that with County Engineering.
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Ms. Caron stated the traffic report is from 2008, and the intersection of Orange Avenue and
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Kings Highway is at service level F.
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Mr. Reikenis stated the applicant would be paying over $230,000 towards the improvements of
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that intersection, but he stated after the discussions with staff and the public the traffic may be
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sent in another direction.
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Ms. Caron requested an updated traffic generation report at the next public hearing. She
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stated the vegetation issue should be addressed before moving forward.
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Mr. Reynolds asked if there were any plans for road improvement on Orange Avenue.
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Mr. Reikenis stated that is one of the reasons they are talking to the residents, and there was a
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suggestion to add a condition for the project not to use Orange Avenue.
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Planning and Zoning Commission June 17, 2010
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Mr. Reynolds stated the mine cannot control the individual drivers, so it is not a guarantee that
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they would go to Shinn Road.
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Mr. Reikenis stated there would be contracts for whoever will come to get material from the
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mine, and there will be directions in the contract. He said if the penalties are stiff enough it
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might not happen.
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Mr. Satterlee stated since this is a conditional use, this could be a condition of approval, and
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the Board of County Commissioners could enforce it.
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Mr. Lounds stated there is little enforcement on Orange Avenue because it is a hazard for
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anyone to pull over in that area, and reiterated his suggestion to use Sneed Road for access.
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Mr. Satterlee stated they would need to evaluate whether Sneed Road could handle the traffic
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and culverts.
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Mrs. Hammer asked the applicant if he would voluntarily ask for the 60-day continuance.
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Mr. Reikenis stated he thinks they would be ready in July.
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Mrs. Hammer suggested the applicant reconsider since staff suggested August. She also told
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the applicant he could get contact information from the public in attendance during the break.
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Mr. Mundt stated he would like to get through the proceedings before they determine whether
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it would be 30 or 60 days.
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Mr. Satterlee stated August would be more appropriate, and stated there is a sign-in sheet so
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the applicants can contact the parties that showed up this evening.
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Ms. Caron stated the standard previously set for hours of operation was 7 a.m. to 5 p.m., and
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suggested that may be more palatable for this project.
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Mr. Reikenis stated 7-5 for truck traffic is fine.
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Mr. Lounds stated there are not many people in the area and 7-5 would be good for truck
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traffic, and asked if there would be activity between 6 a.m. and 6 p.m.
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Mr. Reikenis stated there would be internal operations during those hours.
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Mr. Mundt asked if there would be traffic that would leave after 6 o’clock in the evening,
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because he is concerned about the number of trips.
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Mr. Reikenis stated there might be employee traffic during that time, but the residents asked
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them to limit the truck traffic to 7-5.
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Mr. Lounds asked if Mr. Powley could address traffic issues.
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Mr. Lounds stated his concerns regarding the intersection of the haul road, and the turn lanes
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on Orange Avenue. He asked how the lengths are determined.
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Mr. Powley stated the County uses FDOT standards, and explained how they anticipate the
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lengths of the cues using those standards.
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Mr. Lounds expressed more of his concerns regarding the traffic, and the berm. He asked how
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many loads of coquina rock it would take to lay a mile of road.
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Mr. Powley stated approximately 300 to 350 truckloads assuming an 18-yard roadbed for 34
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feet of asphalt a mile long.
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Chairman Mundt called a 10-minute recess.
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Mr. Mundt asked the public if they plan to make comments on Waterway Resources, please
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say they feel similarly inclined about the other application so they do not have to come back
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up.
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Chairman Mundt opened the public hearing.
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Patricia Scott, a Morningside resident, expressed her concerns regarding the noise, traffic and
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safety on Orange Avenue, and the devaluation of her property.
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Mike Burney, a Morningside resident, expressed his concern about the roads in the area, and
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the lack of bus stops for schoolchildren. Mr. Burney stated Sneed Road is just as dangerous
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as Orange Avenue.
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Marc Casalino, a Casalino Road resident, listed the concerns of his family: safety for all that
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travel on County Road 68, reduction in property values, being dewatered, the 20-year duration,
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and noise and dust issues. Mr. Casalino stated Stark Ranch is already approved and is mining
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sand and coquina rock.
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George Mabry, an Orange Avenue resident, stated his concerns regarding traffic, and the
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impacts of noise and dust.
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Julie Staton, an Orange Avenue resident, expressed her concerns about the traffic, the
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condition of Orange Avenue, and standing water after storms on the road. Ms. Staton
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addressed the number of school bus stops on Orange Avenue. Ms. Staton is concerned there
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will be no enforcement if the mine is directed to use an alternate route.
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Crystal Lewis, an Orange Avenue resident, agreed with Ms. Staton’s comments. She stated
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the penalties would have to be stiff enough to encourage the drivers to follow the guidelines.
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Matt Borkowski, an Orange Avenue resident, stated it is a safety issue, and Orange Avenue is
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under maintained. Mr. Borkowski said the projects fall in the area of the Western Lands Study,
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Planning and Zoning Commission June 17, 2010
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where they are trying to maintain the environment of western St. Lucie County. He stated he
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believes it has been overlooked that Orange Avenue east of Sneed Road is highly residential.
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He stated Orange Avenue is inadequate to support the loaded trucks. He expressed his
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concern of the amount the project would donate to the improvements, and the width of the turn
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lanes.
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Jonathan Schopp, an Orange Avenue business owner, expressed his concerns regarding the
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accountability of the individual drivers, and the turn lanes.
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Michael Moore, a Sneed Road resident, stated Sneed Road is just as bad a choice as Orange
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Avenue. He stated he does not believe the culverts can handle the weight. Mr. Moore was also
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concerned with the waste of water and the level of the water table. He also stated coquina
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causes cancer.
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Amanda Casalino, a Casalino Road resident, expressed her concerns about the devaluation of
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property.
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Chairman Mundt closed the public hearing.
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Mr. Lounds asked if the Stark Ranch mine is still active.
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Mr. Satterlee stated he would have to check on it.
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Mr. Powley stated the D’Albora mine has not been active but still has 18 years left on its
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approval.
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Mr. Lounds reiterated his concern of the length of the turn lanes, and asked if there are any
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more improvements to be done on Orange Avenue.
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Mr. Powley stated the turn lanes are not at an Engineering level design and may be different
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by the end of the project. He explained the ongoing work on Orange Avenue, but stated the
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Road and Bridge Division is overseeing the maintenance activities.
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The Commission continued to discuss road designs in relation to the weight of the trucks with
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Mr. Powley.
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With no further discussion from the Commission, Chairman Mundt called for a motion.
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Mr. Mowery made the motion to continue the item to August 19, 2010.
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Mrs. Hammer seconded. The motion carried 8-0.
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E. Waterway Resources: CU 720071268
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Petition of Johnson & Johnson Citrus, Inc. for a Conditional Use Permit to allow for a
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sand and rock mining operation in the AG – 5 (Agricultural – 1 du/5 acre) Zoning
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District. Staff comments and presentation by Kristin Tetsworth.
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Ms. Tetsworth presented the petition, and stated the applicant wished to reschedule the
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meeting to an undetermined date in the future.
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Mr. Mundt asked Ms. Young whether the Commission could continue to a date indeterminate.
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Ms. Young stated it can not be continued, but it can be rescheduled.
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Tom Mitchell, one of the applicants for the project, stated they decided to continue the
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application when they found out the residents had concerns, and would like to address them
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but did not want to set a timetable.
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Mr. Lounds stated he would like them to address the comments he made on the previous
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application.
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Mr. Reynolds, stated he does business with one of the applicants on the project, so he will
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recuse himself from this application.
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Mr. Reynolds recused himself from the Commission.
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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. Culverhouse made the motion to reschedule the item.
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Ms. Caron seconded. The motion carried 7-0.
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Mr. Reynolds rejoined the Commission.
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F. Ordinance No. 10-014
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Ordinance No. 10-014 – Proposed changes to Chapters 2, 5 and 11 of the Land
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Development Code Relating to Transportation Impacts of New Development.
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Michael Brillhart presented the ordinance.
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Mr. Mowery stated his concern that the consultants and local engineers did not know about
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this item, and though the new thresholds are more stringent than Palm Beach County, the staff
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report states the modifications that are being proposed are for methodologies that are used in
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Planning and Zoning Commission June 17, 2010
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many other urbanized areas. He stated he would prefer to hear from some of the consultants
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before taking action on this item.
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Mr. Brillhart stated there have been two public workshops and they have modified the
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ordinance based on the comments made at those workshops, but he does not think those
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parties were notified of the public hearing.
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Mr. Lounds asked if the overall flow of traffic would be considered when using peak period
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numbers.
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Mr. Brillhart stated DOT standards uses the worst-case scenario.
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Mr. Lounds and Mr. Brillhart discussed how the time frame samples were selected.
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Mr. Mundt asked if there was any way to communicate with the traffic engineering community.
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Mr. Satterlee stated they could certainly contact the engineers and consultants and notify
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them.
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Mr. Mundt stated he thinks it would be fair to create additional opportunity for people to see the
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end product. He asked Mr. Satterlee to get in touch with the community, and get comments,
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then bring it back.
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Mr. Satterlee stated he thinks he would like to move this to September to give them plenty of
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time.
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Mrs. Hammer made the motion to continue this item to September 16, 2010.
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Mr. Culverhouse seconded. The motion carried 8-0.
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IV. OTHER BUSINESS
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A. Planning and Development Services Director Comments.
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Mr. Satterlee stated that Robin Meyer and Dawn Milone, the team who was working on
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Chapters 10, 11, and 12 of the Land Development Code, have been relocated to another
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department, so he will be reassigning it to someone else in the department.
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The Commission discussed recycling their agenda packages for the items that will come back.
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Chairman Mundt stated unless there are significant changes, they should not be reproduced.
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V. ADJOURN
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There being no further business, the meeting adjourned at 9:30.
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Planning and Zoning Commission June 17, 2010
Minutes