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HomeMy WebLinkAboutdraft P&Z minutes 091620101 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 St. Lucie County Planning and Zoning Commission/Local Planning Agency Roger Poitras Annex, Commission Chambers, 3rd Floor September 16, 2010 Meeting 6:00 p.m. In the event of a conflict between these written minutes and a compact disc recording, the compact disc shall control. I. CALL TO ORDER 9 Chairman Mundt called the meeting to order at 6:04 p.m. A. Pledge of Allegiance B. Roll Call Craig Mundt ......................................Chairman Pamela Hammer ...............................Commission Member Edward Lounds .................................Commission Member Susan Caron .....................................Commission Member Brad Culverhouse ............................Commission Member Tod Mowery .....................................Commission Member Members Absent Britt Reynolds ..................................Vice-Chairm n Barry Schrader .................................Commission Member Stephanie? Morgan ............................Commission Member Kathryn Hensley ..............................Ex-Officio Member Staff Present Heather Young .................................Assistant County Attorney Kara Wood........................................Planning Manager Michael Brillhart ..................... ..........Business and Concurrency Manager Ron Harris ........................................County Surveyor Britton DeWitt ...................................Senior Planner Diana Waite ......................................Senior Planner Michelle Hylton .................................Recording Secretary C. Announcements None. DRAFT Page 2 of 2 Planning and Zoning Commission September 16, 2010 Minutes 37 38 39 40 41 S 42 43 44 45 S 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 D. Disclosure Mrs. Hammer stated she had correspondence with the applicant and agents for PGA America. Mr. Mundt stated he met with staff about all of the agenda items II. MINUTEReview the minutes from the August 19, 2010 meeting for approval. Mr. Lounds moved to approve the minutes as written. Ms. Caron seconded. The motion carried 6-0. III. PUBLIC HEARINGA. Chapter 5 LDC Revisions Petition of St. Lucie County to amend Chapter 5 of the Land Development Code of St. Lucie County. Staff comments and presentation by Michael Brillhart. Mr. Brillhart stated he is still in the process of obtaining information from the Institute of Traffic Engineers so they are requesting a continuation to the November meeting. Chairman Mundt opened the public hearing. No one spoke. Chairman Mundt closed the public hearing. Mrs. Hammer made the motion to continue to November 18. Mr. Culverhouse seconded. The motion carried 6-0 B. PGA Village FLUMA: Ordinance No. 10-035 Petition of PGA Village for a Small Scale Future Land Use Map Amendment from RS (Residential Suburban – 2 du/acre) to COM (Commercial). Staff comments and presentation by Britton DeWitt. Ms. Young asked Mrs. Hammer whether there would be any financial gain to her or the PGA Village Board of Directors. Mrs. Hammer stated that the PGA was not a member of the PGA Village Property Owners Association and any impact would affect all property owners in PGA Village. Based upon Mrs. Hammers’ comments, Ms. Young stated there did not appear to be a conflict for Mrs. Hammer on the petition Mrs. Hammer disclosed that she is not a member of PGA of America. DRAFT Page 3 of 3 Planning and Zoning Commission September 16, 2010 Minutes 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 Mrs. DeWitt presented the petition. Greg Boggs, of Lucido and Associates, representing the applicant, stated this would be a phased project and the land use amendment is the first phase. He stated that in the future they would submit a development application that would include a club expansion and lodge to make an all inclusive resort environment. Mr. Boggs stated the team is here to answer any questions. The Commission discussed what would be allowed under the current approval, and about the impact on existing hotels in the area. Chairman Mundt opened the public hearing. George Henderson, a PGA Village resident, spoke in favor of the petition, citing the financial benefits of the proposed lodge and PGA America’s positive impact on the area so far. Tom Cann, a member of PGA and a PGA Village resident, stated he believes there is an over abundance of places to stay in the area. He stated though he is a member and all for the PGA, he is reluctant to support the hotel at this time. Peter Perry, a PGA Village resident, spoke in favor of the petition. He stated PGA is a vital business partner to the county, and he believes any development by them will be a positive enhancement and contribute to long-term values. Gene Antuna, a member of PGA, and a PGA Village resident, spoke in favor of the petition. He stated he moved here because of PGA, and he believes supporting this is the best for them and us. David Gallup, a PGA Village resident, spoke in opposition to the petition, and stated he think it would negatively affect the other hotels in the area. Chairman Mundt closed the public hearing. Mr. Mowery asked if the request was only for a small-scale amendment because he saw a reference to an accompanying major adjustment to the PNRD petition. Mrs. DeWitt stated in the pre-application letter there was talk of doing the adjustment at the same time, but but the applicant will not come forward with the application until after approval of the land use amendment. Dennis Murphy, of Culpepper and Terpening, representing the applicant, stated they had originally intended to submit both applications at the same time, but they decided to do the plan amendment first, and then bring the major adjustment afterwards. DRAFT Page 4 of 4 Planning and Zoning Commission September 16, 2010 Minutes 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 Mr. Culverhouse disclosed he was senior counsel and chairman of the bankruptcy practice division of Sachs Sax Caplan, who represented Associations within PGA Village. Mr. Lounds stated he finds it rewarding that PGA would like to bring a benefit to St. Lucie County during this economic situation. He believes corporate America will bring their sales force and customers to the resort and the other area hotels will get the overflow. Mr. Lounds stated he thinks it will stimulate the county’s economy. Mrs. Hammer asked why the amendment area was 9.9 instead of 10 acres. Mr. Murphy stated commercial land use amendments less than 10 acres may be approved at the local level, rather than the state level, though the same standards of review need to be met. Mr. Murphy stated lodging is not allowed in the RS-2 land use so they have to change to Commercial General. Mrs. Hammer stated her concern that the land use change will open up the possibility of commercial uses other than the lodge. Ms. Hammer also stated concerns regarding the height of the proposed lodge, and a flooding issue in the area. Mr. Murphy stated though other uses could be applied, they would have to provide a specific list of activities that will take place on the property when they go through the PNRD approval process and the ultimate control will rest with the Board of County Commissioners. He stated they are not in a position to commit to any height restriction at this time because it is a design issue that will be addressed as part of the PNRD. Bob Baldassari, General Manager and PGA Professional at PGA Village, stated PGA brings a lot of credibility and prestige to St. Lucie County, and they are not going anywhere. Mr. Baldassari stated PGA has an ownership stake at the Hilton Garden Inn and would not want to take away from that business. He stated the lodging component is years away. Mr. Baldassari stated they are looking at ways to solve the flooding issue. Mrs. Hammer stated she is disappointed there is no commitment to a height restriction, and there was nothing in writing that only a hotel would be built rather than other permitted uses in the Commercial General Land Use designation. Ms. Caron stated her concern they are being asked to trust PGA and in prior experience has been let down by applicants that changed their plans after preliminary approval. Mr. Murphy stated PGA of America has represented consistently during its tenure in St. Lucie County that they will do a first class job in whatever they do. He stated he could not state a specific height number because they have not finished the designs. The Commission continued to discuss what may be approved with the petition, and their level of comfort with it. DRAFT Page 5 of 5 Planning and Zoning Commission September 16, 2010 Minutes 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 Ms. Young stated the petition is a future land use amendment and it is not appropriate to attach conditions to that approval or denial. If it is approved it will come back as an amendment to the PNRD and at that time you will be able to suggest more specific restrictions. Mr. Mundt stated the PNRD gives us the opportunity to shape a project to the benefit of everyone. He stated he had not heard an objection from any hotels, or the Treasure Coast Regional Planning Council. Mr. Mundt stated he has attended Tourist Development Council meetings and PGA attends and is supportive of tourism in the area. Mr. Mundt stated staff supports it, and it will go to the BOCC who have the community’s interest at heart. He stated he will support this. Mrs. Hammer asked if the land use change is approved, and the applicant came back with a PNRD application for an industrial use, would that be approved. Ms. Young stated it would not be automatic, but it allows them to apply for those uses. Mr. Mowery stated this is part of a DRI and there are certain intensities that are provided for and if they are exceeded it would need to go through an NOPC process, which is difficult. Mr. Lounds made the motion: After considering the testimony presented during the public hearing, including staff comments, I hereby move that the Planning And Zoning Commission of St. Lucie County recommend that the St. Lucie County Board of County Commissioners approve the petition of PGA Reserve Inc., for a small-scale amendment to the Future Land Use Map from RS (Residential Suburban – 2 Du/Acre) to COM (Commercial) because I think it will enhance the economy, enhance the surrounding property, and I think it brings a lot of ingenuity to the area. Mr. Culverhouse seconded. The motion carried 5-1 with Mrs. Hammer dissenting. (Mrs. Hammer left the meeting due to an early flight in the morning.) C. ROW Protection Map in LDC: Ordinance No. 10-036 Petition of St. Lucie County for a Text Amendment to the Land Development Code to include the Right – of – Way Protection Map in Section 7.05.03. Staff comments and presentation by Britton De Witt. Mrs. DeWitt presented the draft map and proposed amendment. DRAFT Page 6 of 6 Planning and Zoning Commission September 16, 2010 Minutes 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 The Commission discussed why some of the changes were made to the map, and why it would be moved from the Comp Plan to the Land Development Code with the assistance of Mr. Harris. Mr. Culverhouse asked whether specific roads were acquired yet. Mr. Harris stated some of the proposed rights of way are developer driven, so the map will give the County the legal right to request the right of way from the developer for impact fee credits and or cash. Mr. Mowery asked whether staff was comfortable with the fact that every time a change is made to this map once it is in the LDC it will have to come before the Commission. Mrs. DeWitt stated the amendments to the Comprehensive Plan are a more onerous process than the amendments to the Code. Mr. Harris stated in order to give us the legal right to exact the right of way from the the developer; it needs to have Board and Local Planning Agency review. Ms. Young stated that is correct. A formal adoption gives us protection, and it makes it easier for developers to look at what is around their property. Chairman Mundt opened the public hearing. No one spoke. Chairman Mundt closed the public hearing. Mr. Lounds made the motion: After considering the testimony presented during the public hearing, including staff comments, I hereby move that the Planning and Zoning Commission of St. Lucie County recommend that the St. Lucie County Board of County Commissioners approve the text amendment to the Land Development Code to include the updated Right-of-Way Protection Map because I think it provides us with a consistent view of future land developments in St. Lucie County. Ms. Caron seconded. The motion carried 5-0. D. Solar Energy Ordinance: Ordinance No. 10-034 Petition of St. Lucie County to amend Chapters 2, 3, 4, 7 and 8 of and Land Development Code relating to Solar Energy. Staff comments and presentation by Diana Waite. DRAFT Page 7 of 7 Planning and Zoning Commission September 16, 2010 Minutes 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 The Commission discussed the types of solar usage covered in the ordinance, and incentives that may be offered to encourage solar use. Chairman Mundt opened the public hearing. No one spoke. Chairman Mundt closed the public hearing. Mr. Lounds made the motion to recommend approval of Ordinance 10-034. Mr. Mowery seconded. The motion carried 5-0. E. Eminent Domain Waivers Ordinance: Ordinance No. 10-033 Petition of St. Lucie County to amend the St. Lucie County Land Development Code to provide for Eminent Domain Waivers by amending Section 2.00.00 “Definitions” to include definitions of Acquiring Authority and Eminent Domain Waiver; further amending Chapter 10 to add Section 10.03 “Eminent Domain Wavier” to provide for a waiver where Eminent Domain action renders a site non-conforming; amending Board of Adjustment power to include these waivers; providing for conflicting provisions; providing for applicability; providing for severability; providing for filing with the Department of State; providing an effective date; providing for adoption and providing for codification. Staff comments and presentation by the County Attorney’s Office. Ms. Smith presented the ordinance. The Commission discussed how the property owners’ rights would be affected under this ordinance. Mr. Culverhouse suggested adding limiting language to the ordinance stating it would not be introduced into evidence in any trial on the issue of severance damages. Mr. Mowery suggested since there is no time constraint, the item be continued to review the cases Mr. Culverhouse cited. The Commission further discussed how the property owners’ rights would be affected under the ordinance. Mr. Mundt stated based on the comments we will send this back for further discussion, and he would like Mr. Culverhouse to meet with the County Attorney’s office about it. Chairman Mundt opened the public hearing. No one spoke. DRAFT Page 8 of 8 Planning and Zoning Commission September 16, 2010 Minutes 220 221 222 223 224 225 226 227 228 229 230 231 Chairman Mundt closed the public hearing. Mr. Lounds made the motion to continue the Ordinance to November 18, 2010 at 6:00 PM or as soon thereafter as possible. Mr. Mowery seconded. The motion carried 5-0. OTHER BUSINESS Ms. Young stated Mrs. Hammer was provided with a conflict memorandum form this evening for Hardscapes from the last meeting. Copies will be provided to the Commission. Mr. Lounds thanked staff for an interesting evening. Mr. Mundt asked the Commission if they would like to combine November and December’s items in the November meeting. The Commission concurred. IV. ADJOURN There being no further business, the meeting adjourned at 8:55.