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HomeMy WebLinkAboutMinutes 09-16-2010 St. Lucie County 1 Planning and Zoning Commission/ Local Planning Agency 2 rd Roger Poitras Annex, Commission Chambers, 3 Floor 3 September 16, 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 6:04 p.m. 10 A. Pledge of Allegiance 11 B. Roll Call 12 Craig Mundt ......................................Chairman 13 Pamela Hammer ...............................Commission Member 14 Edward Lounds .................................Commission Member 15 Susan Caron.....................................Commission Member 16 Brad Culverhouse ............................Commission Member 17 Tod Mowery .....................................Commission Member 18 19 Members Absent 20 Britt Reynolds ..................................Vice-Chairman 21 Barry Schrader .................................Commission Member 22 Stephanie Morgan ............................Commission Member 23 Kathryn Hensley ..............................Ex-Officio Member 24 25 Staff Present 26 Heather Young .................................Assistant County Attorney 27 Kara Wood........................................Planning Manager 28 Michael Brillhart ................................Business and Concurrency Manager 29 Ron Harris ........................................County Surveyor 30 Britton DeWitt ...................................Senior Planner 31 Diana Waite ......................................Senior Planner 32 Michelle Hylton .................................Recording Secretary 33 34 C. Announcements 35 None. 36 Page 2 of 8 D. Disclosure 37 Mrs. Hammer stated she had correspondence with the applicant and agents for PGA America. 38 Mr. Mundt stated he met with staff about all of the agenda items 39 40 II. MINUTES 41 Review the minutes from the August 19, 2010 meeting for approval. 42 Mr. Lounds moved to approve the minutes as written. 43 Ms. Caron seconded. The motion carried 6-0. 44 III. PUBLIC HEARINGS 45 A. Chapter 5 LDC Revisions 46 Petition of St. Lucie County to amend Chapter 5 of the Land Development Code of St. 47 Lucie County. Staff comments and presentation by Michael Brillhart. 48 Mr. Brillhart stated he is still in the process of obtaining information from the Institute of Traffic 49 Engineers so they are requesting a continuation to the November meeting. 50 Chairman Mundt opened the public hearing. 51 No one spoke. 52 Chairman Mundt closed the public hearing. 53 Mrs. Hammer made the motion to continue to November 18. 54 Mr. Culverhouse seconded. The motion carried 6-0 55 B. PGA Village FLUMA: Ordinance No. 10-035 56 Petition of PGA Village for a Small Scale Future Land Use Map Amendment from RS 57 (Residential Suburban – 2 du/acre) to COM (Commercial). Staff comments and 58 presentation by Britton DeWitt. 59 Ms. Young asked Mrs. Hammer whether there would be any financial gain to her or the PGA 60 Village Board of Directors. Mrs. Hammer stated that the PGA was not a member of the PGA 61 Village Property Owners Association and any impact would affect all property owners in PGA 62 Village. Based upon Mrs. Hammers’ comments, Ms. Young stated there did not appear to be 63 a conflict for Mrs. Hammer on the petition 64 Mrs. Hammer disclosed that she is not a member of PGA of America. 65 Planning and Zoning Commission September 16, 2010 Minutes Page 3 of 8 Mrs. DeWitt presented the petition. 66 Greg Boggs, of Lucido and Associates, representing the applicant, stated this would be a 67 phased project and the land use amendment is the first phase. He stated that in the future they 68 would submit a development application that would include a club expansion and lodge to 69 make an all inclusive resort environment. Mr. Boggs stated the team is here to answer any 70 questions. 71 The Commission discussed what would be allowed under the current approval, and about the 72 impact on existing hotels in the area. 73 Chairman Mundt opened the public hearing. 74 George Henderson, a PGA Village resident, spoke in favor of the petition, citing the financial 75 benefits of the proposed lodge and PGA America’s positive impact on the area so far. 76 Tom Cann, a member of PGA and a PGA Village resident, stated he believes there is an over 77 abundance of places to stay in the area. He stated though he is a member and all for the PGA, 78 he is reluctant to support the hotel at this time. 79 Peter Perry, a PGA Village resident, spoke in favor of the petition. He stated PGA is a vital 80 business partner to the county, and he believes any development by them will be a positive 81 enhancement and contribute to long-term values. 82 Gene Antuna, a member of PGA, and a PGA Village resident, spoke in favor of the petition. He 83 stated he moved here because of PGA, and he believes supporting this is the best for them 84 and us. 85 David Gallup, a PGA Village resident, spoke in opposition to the petition, and stated he think it 86 would negatively affect the other hotels in the area. 87 Chairman Mundt closed the public hearing. 88 Mr. Mowery asked if the request was only for a small-scale amendment because he saw a 89 reference to an accompanying major adjustment to the PNRD petition. 90 Mrs. DeWitt stated in the pre-application letter there was talk of doing the adjustment at the 91 same time, but the applicant will not come forward with the application until after approval of 92 the land use amendment. 93 Dennis Murphy, of Culpepper and Terpening, representing the applicant, stated they had 94 originally intended to submit both applications at the same time, but they decided to do the 95 plan amendment first, and then bring the major adjustment afterwards. 96 Planning and Zoning Commission September 16, 2010 Minutes Page 4 of 8 Mr. Culverhouse disclosed he was senior counsel and chairman of the bankruptcy practice 97 division of Sachs Sax Caplan, who represented Associations within PGA Village. 98 Mr. Lounds stated he finds it rewarding that PGA would like to bring a benefit to St. Lucie 99 County during this economic situation. He believes corporate America will bring their sales 100 force and customers to the resort and the other area hotels will get the overflow. Mr. Lounds 101 stated he thinks it will stimulate the county’s economy. 102 Mrs. Hammer asked why the amendment area was 9.9 instead of 10 acres. 103 Mr. Murphy stated commercial land use amendments less than 10 acres may be approved at 104 the local level, rather than the state level, though the same standards of review need to be 105 met. Mr. Murphy stated lodging is not allowed in the RS-2 land use so they have to change to 106 Commercial General. 107 Mrs. Hammer stated her concern that the land use change will open up the possibility of 108 commercial uses other than the lodge. Ms. Hammer also stated concerns regarding the height 109 of the proposed lodge, and a flooding issue in the area. 110 Mr. Murphy stated though other uses could be applied, they would have to provide a specific 111 list of activities that will take place on the property when they go through the PNRD approval 112 process and the ultimate control will rest with the Board of County Commissioners. He stated 113 they are not in a position to commit to any height restriction at this time because it is a design 114 issue that will be addressed as part of the PNRD. 115 Bob Baldassari, General Manager and PGA Professional at PGA Village, stated PGA brings a 116 lot of credibility and prestige to St. Lucie County, and they are not going anywhere. Mr. 117 Baldassari stated PGA has an ownership stake at the Hilton Garden Inn and would not want to 118 take away from that business. He stated the lodging component is years away. Mr. Baldassari 119 stated they are looking at ways to solve the flooding issue. 120 Mrs. Hammer stated she is disappointed there is no commitment to a height restriction, and 121 there was nothing in writing that only a hotel would be built rather than other permitted uses in 122 the Commercial General Land Use designation. 123 Ms. Caron stated her concern they are being asked to trust PGA and in prior experience has 124 been let down by applicants that changed their plans after preliminary approval. 125 Mr. Murphy stated PGA of America has represented consistently during its tenure in St. Lucie 126 County that they will do a first class job in whatever they do. He stated he could not state a 127 specific height number because they have not finished the designs. 128 The Commission continued to discuss what may be approved with the petition, and their level 129 of comfort with it. 130 Planning and Zoning Commission September 16, 2010 Minutes Page 5 of 8 Ms. Young stated the petition is a future land use amendment and it is not appropriate to 131 attach conditions to that approval or denial. If it is approved it will come back as an amendment 132 to the PNRD and at that time you will be able to suggest more specific restrictions. 133 Mr. Mundt stated the PNRD gives us the opportunity to shape a project to the benefit of 134 everyone. He stated he had not heard an objection from any hotels, or the Treasure Coast 135 Regional Planning Council. Mr. Mundt stated he has attended Tourist Development Council 136 meetings and PGA attends and is supportive of tourism in the area. Mr. Mundt stated staff 137 supports it, and it will go to the BOCC who have the community’s interest at heart. He stated 138 he will support this. 139 Mrs. Hammer asked if the land use change is approved, and the applicant came back with a 140 PNRD application for an industrial use, would that be approved. 141 Ms. Young stated it would not be automatic, but it allows them to apply for those uses. 142 Mr. Mowery stated this is part of a DRI and there are certain intensities that are provided for 143 and if they are exceeded it would need to go through an NOPC process, which is difficult. 144 Mr. Lounds made the motion: 145 After considering the testimony presented during the public hearing, including 146 staff comments, I hereby move that the Planning And Zoning Commission of St. 147 Lucie County recommend that the St. Lucie County Board of County 148 Commissioners approve the petition of PGA Reserve Inc., for a small-scale 149 amendment to the Future Land Use Map from RS (Residential Suburban – 2 150 Du/Acre) to COM (Commercial) because I think it will enhance the economy, 151 enhance the surrounding property, and I think it brings a lot of ingenuity to the 152 area. 153 Mr. Culverhouse seconded. The motion carried 5-1 with Mrs. Hammer dissenting. 154 (Mrs. Hammer left the meeting due to an early flight in the morning.) 155 C. ROW Protection Map in LDC: Ordinance No. 10-036 156 Petition of St. Lucie County for a Text Amendment to the Land Development Code to 157 include the Right – of – Way Protection Map in Section 7.05.03. Staff comments and 158 presentation by Britton De Witt. 159 Mrs. DeWitt presented the draft map and proposed amendment. 160 Planning and Zoning Commission September 16, 2010 Minutes Page 6 of 8 The Commission discussed why some of the changes were made to the map, and why it 161 would be moved from the Comp Plan to the Land Development Code with the assistance of 162 Mr. Harris. 163 Mr. Culverhouse asked whether specific roads were acquired yet. 164 Mr. Harris stated some of the proposed rights of way are developer driven, so the map will give 165 the County the legal right to request the right of way from the developer for impact fee credits 166 and or cash. 167 Mr. Mowery asked whether staff was comfortable with the fact that every time a change is 168 made to this map once it is in the LDC it will have to come before the Commission. 169 Mrs. DeWitt stated the amendments to the Comprehensive Plan are a more onerous process 170 than the amendments to the Code. 171 Mr. Harris stated in order to give us the legal right to exact the right of way from the developer; 172 it needs to have Board and Local Planning Agency review. 173 Ms. Young stated that is correct. A formal adoption gives us protection, and it makes it easier 174 for developers to look at what is around their property. 175 Chairman Mundt opened the public hearing. 176 No one spoke. 177 Chairman Mundt closed the public hearing. 178 Mr. Lounds made the motion: 179 After considering the testimony presented during the public hearing, including 180 staff comments, I hereby move that the Planning and Zoning Commission of St. 181 Lucie County recommend that the St. Lucie County Board of County 182 Commissioners approve the text amendment to the Land Development Code to 183 include the updated Right-of-Way Protection Map because I think it provides us 184 with a consistent view of future land developments in St. Lucie County. 185 Ms. Caron seconded. The motion carried 5-0. 186 D. Solar Energy Ordinance: Ordinance No. 10-034 187 Petition of St. Lucie County to amend Chapters 2, 3, 4, 7 and 8 of and Land Development 188 Code relating to Solar Energy. Staff comments and presentation by Diana Waite. 189 Planning and Zoning Commission September 16, 2010 Minutes Page 7 of 8 The Commission discussed the types of solar usage covered in the ordinance, and incentives 190 that may be offered to encourage solar use. 191 Chairman Mundt opened the public hearing. 192 No one spoke. 193 Chairman Mundt closed the public hearing. 194 Mr. Lounds made the motion to recommend approval of Ordinance 10-034. 195 Mr. Mowery seconded. The motion carried 5-0. 196 E. Eminent Domain Waivers Ordinance: Ordinance No. 10-033 197 Petition of St. Lucie County to amend the St. Lucie County Land Development Code to 198 provide for Eminent Domain Waivers by amending Section 2.00.00 “Definitions” to 199 include definitions of Acquiring Authority and Eminent Domain Waiver; further 200 amending Chapter 10 to add Section 10.03 “Eminent Domain Wavier” to provide for a 201 waiver where Eminent Domain action renders a site non-conforming; amending Board 202 of Adjustment power to include these waivers; providing for conflicting provisions; 203 providing for applicability; providing for severability; providing for filing with the 204 Department of State; providing an effective date; providing for adoption and providing 205 for codification. Staff comments and presentation by the County Attorney’s Office. 206 Ms. Smith presented the ordinance. 207 The Commission discussed how the property owners’ rights would be affected under this 208 ordinance. 209 Mr. Culverhouse suggested adding limiting language to the ordinance stating it would not be 210 introduced into evidence in any trial on the issue of severance damages. 211 Mr. Mowery suggested since there is no time constraint, the item be continued to review the 212 cases Mr. Culverhouse cited. 213 The Commission further discussed how the property owners’ rights would be affected under 214 the ordinance. 215 Mr. Mundt stated based on the comments we will send this back for further discussion, and he 216 would like Mr. Culverhouse to meet with the County Attorney’s office about it. 217 Chairman Mundt opened the public hearing. 218 No one spoke. 219 Planning and Zoning Commission September 16, 2010 Minutes Page 8 of 8 Chairman Mundt closed the public hearing. 220 Mr. Lounds made the motion to continue the Ordinance to November 18, 2010 at 6:00 221 PM or as soon thereafter as possible. 222 Mr. Mowery seconded. The motion carried 5-0. 223 OTHER BUSINESS 224 Ms. Young stated Mrs. Hammer was provided with a conflict memorandum form this evening 225 for Hardscapes from the last meeting. Copies will be provided to the Commission. 226 Mr. Lounds thanked staff for an interesting evening. 227 Mr. Mundt asked the Commission if they would like to combine November and December’s 228 items in the November meeting. The Commission concurred. 229 IV. ADJOURN 230 There being no further business, the meeting adjourned at 8:55. 231 Planning and Zoning Commission September 16, 2010 Minutes