Planning Board Minutes
OF THE REGULAR MEETING OF THE FORT PIERCE CITY PLANNING BOARD HELD ON TUESDAY, FEBRUARY 9, 2021, IN FORT PIERCE CITY HALL, COMMISSION CHAMBERS, 100 NORTH US HIGHWAY 1, FORT PIERCE, FLORIDA.
1.
CALL TO ORDER
2.
PLEDGE OF ALLEGIANCE
3.
ROLL CALL
Chairman Creyaufmiller introduced new Board member, Harold Albury, and Mr. Albury gave a brief overview of himself.
Chairman Creyaufmiller introduced new Board member, Harold Albury, and Mr. Albury gave a brief overview of himself.
- Present:
- Gloria Johnson-Scott; Bob Burdge; Marcia Baker; Nichelle Clemons; Harold Albury; Michael Broderick; Frank Creyaufmiller, Chairman
- Staff Present:
-
- Jennifer Hofmeister, Planning Director
- Tanya Earley, Assistant City Attorney
- Shyanne Harnage, Economic Development Manager
- Rebeca Guerra, Assistant Planning Director
- Vennis Gilmore, Planner
- Brandon Creagan, Planner
- Alicia Rosenthal, Executive Assistant
- Attendees:
-
- Marty Sanders, Ex-officio member, St. Lucie County School Board
4.
CONSIDERATION OF ABSENCES
All Board members were in attendance.
All Board members were in attendance.
5.
APPROVAL OF MINUTES
a.
Minutes from the December 8, 2020 meeting
Motion was made by Marcia Baker, and seconded by Michael Broderick to approve the minutes from the December 8, 2020 meeting.
- AYE:
- Marcia Baker, Nichelle Clemons, Harold Albury, Michael Broderick, Gloria Johnson-Scott, Bob Burdge, Chairman Frank Creyaufmiller
Passed
6.
HEARING OF THE LOCAL PLANNING AGENCY
a.
Future Land Use Map Amendment - Walsh Kings Highway - 2564 S. Kings Highway
Item 6a and 7d were presented together.
Mr. Creagan gave an overview of the applications and answered questions from the Board on city sewer and water and the proposed use.
Brad Currie, Applicant Representative, from Engineering, Design and Construction Inc., stated the city sewer and water wil be extended and the surrounded uses are compatible with the proposed RV storage and flex space.
Item 6a and 7d were presented together.
Mr. Creagan gave an overview of the applications and answered questions from the Board on city sewer and water and the proposed use.
Brad Currie, Applicant Representative, from Engineering, Design and Construction Inc., stated the city sewer and water wil be extended and the surrounded uses are compatible with the proposed RV storage and flex space.
Motion was made by Marcia Baker, and seconded by Gloria Johnson-Scott to forward a recommendation of approval to the City Commission.
- AYE:
- Nichelle Clemons, Harold Albury, Michael Broderick, Gloria Johnson-Scott, Bob Burdge, Marcia Baker, Chairman Frank Creyaufmiller
Passed
7.
NEW BUSINESS
a.
Annexation - Project Hurricane - 2398 Peters Road (2 Parcels)
Mr. Creagan gave an overview of the application and answered questions from the Board regarding any concerns expressed by members of the community.
Brad Currie, Applicant Representative, Engineering, Design and Construction, Inc., introduced himself and entertained any questions.
Mr. Creagan gave an overview of the application and answered questions from the Board regarding any concerns expressed by members of the community.
Brad Currie, Applicant Representative, Engineering, Design and Construction, Inc., introduced himself and entertained any questions.
Motion was made by Michael Broderick, and seconded by Nichelle Clemons to forward a recommendation of approval to the City Commission.
- AYE:
- Harold Albury, Michael Broderick, Gloria Johnson-Scott, Bob Burdge, Marcia Baker, Nichelle Clemons, Chairman Frank Creyaufmiller
Passed
b.
Text Amendment - Chapters 4 and 125: Sale of Alcoholic Beverages
Ms. Guerra provided an in depth review of the distance requirements for alcoholic beverage sales and C-6 zoning district alcohol sales.
Ms. Johnson-Scott expressed concerns with children walking the corridors to and from school, and Mr. Burdge asked why a formal statement was not provided by the police department.
Ms. Hofmeister explained that the purpose of the text amendment is not to encourage inappropriate
development but instead to encourage redevelopment.
Chairman Creyaufmiller noted the City Commission prompted the Planning Department to look at the ordinance because the existing language was not working for the city.
Marty Sanders stated the St. Lucie County School Board looks at the distance to schools and the underlying zoning district. An overlay beyond the minimum distance will not make a fundamental difference on how the neighborhood reacts. Mr. Sanders highlighted that the Police and Code Enforcement departments will deal with the bad elements and the new language is not problematic and is consistent with Port St. Lucie and St. Lucie County.
Mr. Broderick commented that the current code has stymied progress in the commercial districts and prevented development in the Peacock Arts District and the Avenue D corridor. Mr. Broderick said the revised code is a great start.
Ms. Hofmeister stated the addition of C-6 zoning for alcohol sales is basically a clean up to the City Code as alcohol sales have been allowed for properties with the C-6 zoning for years.
Ms. Guerra provided an in depth review of the distance requirements for alcoholic beverage sales and C-6 zoning district alcohol sales.
Ms. Johnson-Scott expressed concerns with children walking the corridors to and from school, and Mr. Burdge asked why a formal statement was not provided by the police department.
Ms. Hofmeister explained that the purpose of the text amendment is not to encourage inappropriate
development but instead to encourage redevelopment.
Chairman Creyaufmiller noted the City Commission prompted the Planning Department to look at the ordinance because the existing language was not working for the city.
Marty Sanders stated the St. Lucie County School Board looks at the distance to schools and the underlying zoning district. An overlay beyond the minimum distance will not make a fundamental difference on how the neighborhood reacts. Mr. Sanders highlighted that the Police and Code Enforcement departments will deal with the bad elements and the new language is not problematic and is consistent with Port St. Lucie and St. Lucie County.
Mr. Broderick commented that the current code has stymied progress in the commercial districts and prevented development in the Peacock Arts District and the Avenue D corridor. Mr. Broderick said the revised code is a great start.
Ms. Hofmeister stated the addition of C-6 zoning for alcohol sales is basically a clean up to the City Code as alcohol sales have been allowed for properties with the C-6 zoning for years.
Motion was made by Michael Broderick, and seconded by Marcia Baker to recommend approval to the City Commission.
- AYE:
- Michael Broderick, Marcia Baker, Nichelle Clemons, Harold Albury, Chairman Frank Creyaufmiller
- NAY:
- Gloria Johnson-Scott, Bob Burdge
Passed
c.
Text Amendment - Chapter 125: Residential Construction & Nonconforming Lots
Ms. Guerra gave an overview of the text amendment and answered questions from the Board. Ms. Guerra stated the text amendment only effects legal non-conforming lots created by a plat or the lot had dimensions established prior to the zoning codes established by the City of Fort Pierce. She noted that the text amendment will open up the door for duplexes to be built by right and it allows for innovative, quality development in a smart, common sense manner.
Ms. Guerra answered questions from the Board on property owners asking for this change and the text amendment applying to existing buildings.
Mr. Broderick said the text amendment is a good idea because of the antiquated lots on South Beach and Avenue D.
Ms. Hofmeister highlighted that Design Review will be added to address architecture and the manner that structures are designed on the site.
Ms. Johnson-Scott addressed concern with greater density on smaller lots.
Ms. Guerra gave an overview of the text amendment and answered questions from the Board. Ms. Guerra stated the text amendment only effects legal non-conforming lots created by a plat or the lot had dimensions established prior to the zoning codes established by the City of Fort Pierce. She noted that the text amendment will open up the door for duplexes to be built by right and it allows for innovative, quality development in a smart, common sense manner.
Ms. Guerra answered questions from the Board on property owners asking for this change and the text amendment applying to existing buildings.
Mr. Broderick said the text amendment is a good idea because of the antiquated lots on South Beach and Avenue D.
Ms. Hofmeister highlighted that Design Review will be added to address architecture and the manner that structures are designed on the site.
Ms. Johnson-Scott addressed concern with greater density on smaller lots.
Motion was made by Marcia Baker, and seconded by Nichelle Clemons to forward a recommendation of approval to the City Commission.
- AYE:
- Gloria Johnson-Scott, Bob Burdge, Marcia Baker, Nichelle Clemons, Harold Albury, Michael Broderick, Chairman Frank Creyaufmiller
Passed
d.
Rezoning - Walsh Kings Highway - 2564 S. Kings Highway
This items was moved to 7a and presented with item 6a.
This items was moved to 7a and presented with item 6a.
Motion was made by Gloria Johnson-Scott, and seconded by Marcia Baker to forward a recommendation of approval to the City Commission.
- AYE:
- Bob Burdge, Marcia Baker, Nichelle Clemons, Harold Albury, Michael Broderick, Gloria Johnson-Scott, Chairman Frank Creyaufmiller
Passed
e.
Conditional Use - Gateway Plaza Arcade - 2051 S. US Highway 1
Mr. Creagan provided an overview of the application and said the 2,000 square foot unit is in conjunction with the overall transformation of the Gateway Plaza. Mr. Creagan stated the application was received first in the lineup of arcade applications being presented at the Planning Board meeting.
Tod Mowery, Applicant Representative from Red Tail, provided a brief overview on the changes being made to update the Gateway Plaza.
No one spoke against the application.
Mr. Creagan provided an overview of the application and said the 2,000 square foot unit is in conjunction with the overall transformation of the Gateway Plaza. Mr. Creagan stated the application was received first in the lineup of arcade applications being presented at the Planning Board meeting.
Tod Mowery, Applicant Representative from Red Tail, provided a brief overview on the changes being made to update the Gateway Plaza.
No one spoke against the application.
Motion was made by Marcia Baker, and seconded by Michael Broderick to forward a recommendation of Approval for the Conditional Use with No New Construction to the City Commission with the following two (2) conditions:
- Submit a Lighting Plan or Photometric Survey to the Building Department in accordance with City Code 125-325 (2)(h) that demonstrates compliance with the City’s Lighting Code 125- 315(j). This shall be completed before the issuance of a Business Tax Receipt in accordance with City Code 125-325 (2)(h).
- Submit a Landscape Plan in accordance with City Code 125-325 (2)(i) that demonstrates compliance with the City’s Landscape Code 123-37. This shall be completed before the issuance of a Business Tax Receipt in accordance with City Code 125-325 (2)(i).
- AYE:
- Marcia Baker, Nichelle Clemons, Harold Albury, Michael Broderick, Gloria Johnson-Scott, Bob Burdge, Chairman Frank Creyaufmiller
Passed
f.
Conditional Use - ACOR Recycling - 1121 Digiorgio Road
Mr. Gilmore gave an overview of the application and answered questions from the Board on noise levels, indoor processing, fumes, airborne debris, residential to industrial transition and buffering.
Ms. Hofmeister stated staff toured the facility and all processing is indoors and there is no noise or odors. She noted that the structure is far back from the neighborhood and the applicant will be submitting a landscape plan.
Mr. Gilmore stated the applicant is adding large trees to the landscaping and there is a dense landscape buffer at the residential subdivision.
Fred Mussari, ACOR President, stated the operation is a pre-consumer food and beverage destruction facility and once the brand new products are de-packaged the recyclables are banded and shipped out on almost a daily basis. He said the dried food is made into cattle and hog feed pellets and the liquid food goes to either a compost facility, from waste to energy for anerobic digestion or could be transported to the local municipality wastewater plant to be used as a food source. Mr. Mussari answered questions from the Board about odors, disruption, truck traffic and how the trucks will be accessing the site. He said that the equipment does not make a lot of noise and there are no emissions. He stated there will be 20 truckloads a day and they will not pass through the residential neighborhood.
Mr. Gilmore gave an overview of the application and answered questions from the Board on noise levels, indoor processing, fumes, airborne debris, residential to industrial transition and buffering.
Ms. Hofmeister stated staff toured the facility and all processing is indoors and there is no noise or odors. She noted that the structure is far back from the neighborhood and the applicant will be submitting a landscape plan.
Mr. Gilmore stated the applicant is adding large trees to the landscaping and there is a dense landscape buffer at the residential subdivision.
Fred Mussari, ACOR President, stated the operation is a pre-consumer food and beverage destruction facility and once the brand new products are de-packaged the recyclables are banded and shipped out on almost a daily basis. He said the dried food is made into cattle and hog feed pellets and the liquid food goes to either a compost facility, from waste to energy for anerobic digestion or could be transported to the local municipality wastewater plant to be used as a food source. Mr. Mussari answered questions from the Board about odors, disruption, truck traffic and how the trucks will be accessing the site. He said that the equipment does not make a lot of noise and there are no emissions. He stated there will be 20 truckloads a day and they will not pass through the residential neighborhood.
Motion was made by Gloria Johnson-Scott, and seconded by Marcia Baker to forward a recommendation of approval with the following three (3) conditions:
- Per City Code Section 123.-6. – Required Bond., Provide a completion certification by the landscape architect, a landscape cost estimate sheet, and a security bond, certified deposit (CD), cashier’s check or a certified check upon a solvent local bank conditioned to secure 100 percent of the supply and installation cost of the landscaping improvements required. This must be provided prior to receiving Certificate of Occupancy.
- All truck traffic must utilize Digiorgio Road and Oleander Avenue.
- All storage must be under a covered structure.
- AYE:
- Nichelle Clemons, Harold Albury, Michael Broderick, Gloria Johnson-Scott, Bob Burdge, Marcia Baker, Chairman Frank Creyaufmiller
Passed
g.
Conditional Use - Palm Beach Career College (Nursing School) - 1905 S. 25th Street, Unit 103
Mr. Gilmore gave an overview of the application.
Dr. James Alouidor, Applicant, stated he is a trained medical doctor, who loves to educate people, especially ones that cannot get into a major college. Mr. Alouidor answered questions from the Board on the curriculum and how the school will be accredited. Mr. Alouidor stated the Licensed Practical Nurse (LPN) and Bachelor of Science in Nursing (BSN) license is new and not accredited yet and the Certified Nursing Assistant (CNA) and Home Health Aide (HHA) license are accredited at the Palm Beach school location.
Mr. Gilmore gave an overview of the application.
Dr. James Alouidor, Applicant, stated he is a trained medical doctor, who loves to educate people, especially ones that cannot get into a major college. Mr. Alouidor answered questions from the Board on the curriculum and how the school will be accredited. Mr. Alouidor stated the Licensed Practical Nurse (LPN) and Bachelor of Science in Nursing (BSN) license is new and not accredited yet and the Certified Nursing Assistant (CNA) and Home Health Aide (HHA) license are accredited at the Palm Beach school location.
Motion was made by Bob Burdge, and seconded by Nichelle Clemons to forward a recommendation of approval to the City Commission.
- AYE:
- Harold Albury, Michael Broderick, Gloria Johnson-Scott, Bob Burdge, Marcia Baker, Nichelle Clemons, Chairman Frank Creyaufmiller
Passed
h.
Waiver of Distance - Triple Royal Arcade - 2061 S. US Highway 1
This item was presented with 7j.
Mr. Gilmore provided the Board with a handout from St. Lucie County Public Safety showing the number of events by nature at the shopping center.
Mr. Gilmore gave an overview of the application and answered questions from the Board on communities having two arcades in the same shopping center, impact comments from the police department, and the new right hand turn lane.
Mr. Broderick suggested that an overall landscape plan be looked at because there were landscaping challenges with the Wawa approval in the Gateway Plaza. He noted there was an arrangement with the property owner to add landscaping to other areas in the shopping center.
Mr. Gilmore stated the free standing parcel is a different owner than the shopping center.
Tod Mowery, Red Tail, stated the shopping center right hand turn lane will be 120 feet long by 20 feet wide and will not interfere with the bus shelter.
Reginal Sessions, Attorney, Applicant Representative, stated the arcade will be offering security the bulk of the hours the arcade is open.
Rod Waller, Sunrise City Construction, said that Port St. Lucie has a shopping center with two arcades. Mr. Waller stated the arcade will be moving into the old Payless shoe store, which has lighting and landscaping, and minimal construction is needed to accommodate the machines.
Ms. Baker suggested adding a charging station and Mr. Broderick said there is no conflict between the two arcades in the same center and it is a great way to re-purpose the facility.
This item was presented with 7j.
Mr. Gilmore provided the Board with a handout from St. Lucie County Public Safety showing the number of events by nature at the shopping center.
Mr. Gilmore gave an overview of the application and answered questions from the Board on communities having two arcades in the same shopping center, impact comments from the police department, and the new right hand turn lane.
Mr. Broderick suggested that an overall landscape plan be looked at because there were landscaping challenges with the Wawa approval in the Gateway Plaza. He noted there was an arrangement with the property owner to add landscaping to other areas in the shopping center.
Mr. Gilmore stated the free standing parcel is a different owner than the shopping center.
Tod Mowery, Red Tail, stated the shopping center right hand turn lane will be 120 feet long by 20 feet wide and will not interfere with the bus shelter.
Reginal Sessions, Attorney, Applicant Representative, stated the arcade will be offering security the bulk of the hours the arcade is open.
Rod Waller, Sunrise City Construction, said that Port St. Lucie has a shopping center with two arcades. Mr. Waller stated the arcade will be moving into the old Payless shoe store, which has lighting and landscaping, and minimal construction is needed to accommodate the machines.
Ms. Baker suggested adding a charging station and Mr. Broderick said there is no conflict between the two arcades in the same center and it is a great way to re-purpose the facility.
Motion was made by Bob Burdge, and seconded by Marcia Baker to forward a recommendation of approval to the City Commission.
- AYE:
- Michael Broderick, Gloria Johnson-Scott, Bob Burdge, Marcia Baker, Nichelle Clemons, Harold Albury, Chairman Frank Creyaufmiller
Passed
i.
Conditional Use - Triple Royal Arcade - 2061 S. US Highway 1
Item 7h and 7i were presented together.
Item 7h and 7i were presented together.
Motion was made by Marcia Baker, and seconded by Bob Burdge to forward a recommendation of approval to the City Commission with the following seven (7) conditions:
- Per City Code 125-325. – Amusement Arcades and Arcade Amusement Centers.(2)(f): Amusement arcades or arcade amusement centers shall provide bicycle racks within enough stalls to accommodate one bicycle for each five game machines located within the premises. Bicycle racks shall be located as close as practical to the entrance of the facility and shall not be located in a manner that obstructs any entrances, exits, sidewalks, driveways, or parking areas. Install a bicycle rack with a minimum of 6 bicycle stalls.
- Per City Code Section 125 . 325. – Amusement Arcades and Arcade Amusement (1)(f): Alcohol sales or consumption shall be prohibited in amusement arcades and arcade amusement centers.
- Please adhere to City Code Section 125 – 325. – Amusement Arcades and Arcade Amusement.
- Per City Code Section 123.-6. – Required Bond., Provide a completion certification by the landscape architect, a landscape cost estimate sheet, and a security bond, certified deposit (CD), cashier’s check or a certified check upon a solvent local bank conditioned to secure 100 percent of the supply and installation cost of the landscaping improvements required. This must be provided prior to receiving Certificate of Occupancy.
- Per City Per City Code 125-325. – Amusement Arcades and Arcade Amusement Centers.(2)(i): Landscaping must comply with requirements of the city's landscaping ordinance prior to the issuance of a business tax receipt.
- Per City Code 125-325. – Amusement Arcades and Arcade Amusement Centers.(2)(h): Lighting for parking lots must satisfy lighting requirements of section 125-315(g)(1) prior to the issuance of a business tax receipt. Commercial uses require a minimum average of two footcandles for parking areas.
- Per City Code 125-325. – Amusement Arcades and Arcade Amusement Centers.(1)(c): No arcade amusement center shall be located within 1,250 feet of another arcade amusement center. Such distance shall be measured from closest property line to closest property line. Approval of a Waiver of Distance Application from the Gateway Plaza Arcade, which is located at 2051 S. US Highway 1, must be approved prior to Conditional Use Approval.
- AYE:
- Gloria Johnson-Scott, Bob Burdge, Marcia Baker, Nichelle Clemons, Harold Albury, Michael Broderick, Chairman Frank Creyaufmiller
Passed
j.
Conditional Use - Baker Dwelling Rental - 1577 Thumb Point Drive
Ms. Hofmeister gave an overview of the application and answered questions from the Board regarding Code Enforcement citations and limit of two parking spaces.
Susan Baker, Owner, was called via telephone, and she answered questions from the Board on the property manager her primary residence, advertising the vacation rental, and living at the residence, . Ms. Baker stated she lives in Palm Beach.
Ms. Hofmeister stated the property manager must reside in St. Lucie County.
Jerry Walters, resident, spoke against the application and asked how Ms.Baker is going to live in the property and rent it out at the same time.
Tim Bankston, resident, spoke against the application, and said he does not want to live next door to a revolving motel and the application would put his quality of life at risk.
Terry Shafer, resident, spoke on behalf of Glynda Cavalcanti, resident, and provided a handout after she spoke. Ms. Cavalcanti said the rental will destroy the neighborhood, devalue the property and put her life at risk.
Terry Shafer, resident, spoke against the application and stated she made a complaint to Code Enforcement regarding weekend rentals in a single family neighborhood. She asked the Board to deny the application due to the safety hazard and health effects.
James Longstreet, resident, spoke against the application and stated the revolving door of strangers is a Russian roulette situation in a low density neighborhood. He suggested a district be created for short term rentals.
Irving Shafer, resident, spoke against the application, and stated there were different people staying at the house every night of the week and the revolving door of strangers will increase crime.
Ross Crittenden, resident, spoke against the application, and stated he ask very little of the police and would appreciate not having motels in his neighborhood.
Susan Baker, stated she loves the community and is predominantly a resident in St. Lucie County. She stated she is not bringing in awful people to rent the house and she needs the income.
Board discussion ensued on how one adult and four children are going to live in the house with renters and that the property manager, Susan Baker, does not reside in St. Lucie County.
Board member Baker made a motion to deny the application because it is not compatible with the neighborhood or R-1 zoning and the existing Airbnb ads were from a few days to a week.
Chairman Creyaufmiller asked Ms. Earley to advise the Board on a motion for denial having substantial competent evidence.
Ms. Earley stated the Planning Board is an advisory Board, not a Quasi-Judicial Board, and the Board needs to take in the evidence and make a decision. Ms. Earley stated the City Commission ruling must be made and supported by competent substantial evidence. Ms Earley articulated the motion for denial being there are significant doubts that the applicant could comply with condition #1 and the application is not compatible with the community. Ms. Earley said the issue to regulate the frequency of the rentals is up to the state legislature. She suggested to the Board that they further develop the record by how the use of the property effects the criteria.
Ms. Baker amended her motion.
Ms. Hofmeister gave an overview of the application and answered questions from the Board regarding Code Enforcement citations and limit of two parking spaces.
Susan Baker, Owner, was called via telephone, and she answered questions from the Board on the property manager her primary residence, advertising the vacation rental, and living at the residence, . Ms. Baker stated she lives in Palm Beach.
Ms. Hofmeister stated the property manager must reside in St. Lucie County.
Jerry Walters, resident, spoke against the application and asked how Ms.Baker is going to live in the property and rent it out at the same time.
Tim Bankston, resident, spoke against the application, and said he does not want to live next door to a revolving motel and the application would put his quality of life at risk.
Terry Shafer, resident, spoke on behalf of Glynda Cavalcanti, resident, and provided a handout after she spoke. Ms. Cavalcanti said the rental will destroy the neighborhood, devalue the property and put her life at risk.
Terry Shafer, resident, spoke against the application and stated she made a complaint to Code Enforcement regarding weekend rentals in a single family neighborhood. She asked the Board to deny the application due to the safety hazard and health effects.
James Longstreet, resident, spoke against the application and stated the revolving door of strangers is a Russian roulette situation in a low density neighborhood. He suggested a district be created for short term rentals.
Irving Shafer, resident, spoke against the application, and stated there were different people staying at the house every night of the week and the revolving door of strangers will increase crime.
Ross Crittenden, resident, spoke against the application, and stated he ask very little of the police and would appreciate not having motels in his neighborhood.
Susan Baker, stated she loves the community and is predominantly a resident in St. Lucie County. She stated she is not bringing in awful people to rent the house and she needs the income.
Board discussion ensued on how one adult and four children are going to live in the house with renters and that the property manager, Susan Baker, does not reside in St. Lucie County.
Board member Baker made a motion to deny the application because it is not compatible with the neighborhood or R-1 zoning and the existing Airbnb ads were from a few days to a week.
Chairman Creyaufmiller asked Ms. Earley to advise the Board on a motion for denial having substantial competent evidence.
Ms. Earley stated the Planning Board is an advisory Board, not a Quasi-Judicial Board, and the Board needs to take in the evidence and make a decision. Ms. Earley stated the City Commission ruling must be made and supported by competent substantial evidence. Ms Earley articulated the motion for denial being there are significant doubts that the applicant could comply with condition #1 and the application is not compatible with the community. Ms. Earley said the issue to regulate the frequency of the rentals is up to the state legislature. She suggested to the Board that they further develop the record by how the use of the property effects the criteria.
Ms. Baker amended her motion.
Motion was made by Marcia Baker, and seconded by Michael Broderick to deny the application based on the record of the applicant not being able to meet condition #1: (The property manager for the vacation rental shall be available at all times to resolve complaints or violations of city code. Said manager shall reside in St. Lucie County and shall be registered with the City of Fort Pierce) and the owner refused to stop renting after being cited by Code Enforcement, and the use of a short term rental is a health, safety and economic hazard to the neighborhood.
- AYE:
- Bob Burdge, Marcia Baker, Michael Broderick
- NAY:
- Nichelle Clemons, Harold Albury, Gloria Johnson-Scott, Chairman Frank Creyaufmiller
Failed
Ms. Baker's motion failed and Board discussion ensued on not being able to prove the items in the motion.
Chairman Creyaufmiller read a direct quote from Pete Sweeney regarding having competent substantial evidence for a recommendation of denial.
Chairman Creyaufmiller read a direct quote from Pete Sweeney regarding having competent substantial evidence for a recommendation of denial.
Motion was made by Michael Broderick, and seconded by Marcia Baker to deny the application with the testimony from the applicant that she does not reside in St. Lucie County so the property manager is not in compliance.
- AYE:
- Bob Burdge, Marcia Baker, Nichelle Clemons, Harold Albury, Michael Broderick, Gloria Johnson-Scott, Chairman Frank Creyaufmiller
Passed
k.
Conditional Use - Readler Dwelling Rental -1182 Binney Drive, Unit B
Ms. Hofmeister gave an overview of the application and answered questions from the Board on the parcel being a single family dwelling, and only one unit being rented.
Jane Land, Property Manager, stated the owner visits twice a year for 4-6 weeks. She clarified that this will be a seasonal rental never less than 30 days. Ms Land asked if a boat with a trailer counts toward the two vehicle restriction.
Ms. Hofmeister gave an overview of the application and answered questions from the Board on the parcel being a single family dwelling, and only one unit being rented.
Jane Land, Property Manager, stated the owner visits twice a year for 4-6 weeks. She clarified that this will be a seasonal rental never less than 30 days. Ms Land asked if a boat with a trailer counts toward the two vehicle restriction.
Motion was made by Marcia Baker, and seconded by Michael Broderick to forward a recommendation of approval to the City Commission with the following five (5) conditions:
- The property manager for the vacation rental shall be available at all times to resolve complaints or violations of city code. Said manager shall reside in St. Lucie County and shall be registered with the City of Fort Pierce.
- Guide booklets (available from Code Enforcement) shall be provided to renters regarding local rules and public service resources, to minimize conflicts.
- The applicant shall file for and obtain St. Lucie County and City of Fort Pierce Business Tax Licenses within thirty (30) days of issuance of a license from the Florida Department of Business & Professional Regulation.
- There shall be a limitation of no more than two (2) vehicles per unit.
- The City of Fort Pierce Business Tax License number shall be included on all advertising.
- AYE:
- Marcia Baker, Nichelle Clemons, Harold Albury, Michael Broderick, Gloria Johnson-Scott, Bob Burdge, Chairman Frank Creyaufmiller
Passed
l.
Site Plan - Crossroads Industrial - Parcel ID 2325-122-0002-000-3
This item was moved to 7h.
Mr. Creagan stated the subject site is approximately 129.52 acres of vacant land and the applicant is proposing to build a 1,133,000 square foot warehouse that can be designed as either one (1) building for a single user or two (2) separate buildings for two (2) separate users. Mr. Creagan answered questions from the Board on up lighting, proposed tenants, traffic mitigation, signage, number of jobs and the location of the second building.
Ms. Hofmeister stated that an outside consultant reviews large development projects and the traffic mitigation will be handled at the building permit stage, so it will not delay development.
Mr. Creagan clarified that if there were two buildings, the large building would be split in two and additional parking would be added.
Josh Nichols, from Schmidt Nichols, representing the Silverman Group, showed a PowerPoint presentation and highlighted how the Silverman Group is a good partner for the city and the site is perfect because of the access to the Turnpike and I-95. Mr. Nichols said the proposed warehouse wll look like an office building in an industrial sector. Mr. Nichols added that approximately 150 - 200 employees will be hired, depending on the ultimate tenant. Mr. Nichols stated each building would be 550,505 square feet with parking in the middle for both buildings or one building with 1 million square feet with 47 acres capped for preservation.
Peter Tesch, President of St. Lucie County EDC, stated this is a significant project for the City of Fort Pierce that will create sustainable jobs for St. Lucie County. Mr. Tesch showed the Economic Impact Analysis of new construction and new jobs.
This item was moved to 7h.
Mr. Creagan stated the subject site is approximately 129.52 acres of vacant land and the applicant is proposing to build a 1,133,000 square foot warehouse that can be designed as either one (1) building for a single user or two (2) separate buildings for two (2) separate users. Mr. Creagan answered questions from the Board on up lighting, proposed tenants, traffic mitigation, signage, number of jobs and the location of the second building.
Ms. Hofmeister stated that an outside consultant reviews large development projects and the traffic mitigation will be handled at the building permit stage, so it will not delay development.
Mr. Creagan clarified that if there were two buildings, the large building would be split in two and additional parking would be added.
Josh Nichols, from Schmidt Nichols, representing the Silverman Group, showed a PowerPoint presentation and highlighted how the Silverman Group is a good partner for the city and the site is perfect because of the access to the Turnpike and I-95. Mr. Nichols said the proposed warehouse wll look like an office building in an industrial sector. Mr. Nichols added that approximately 150 - 200 employees will be hired, depending on the ultimate tenant. Mr. Nichols stated each building would be 550,505 square feet with parking in the middle for both buildings or one building with 1 million square feet with 47 acres capped for preservation.
Peter Tesch, President of St. Lucie County EDC, stated this is a significant project for the City of Fort Pierce that will create sustainable jobs for St. Lucie County. Mr. Tesch showed the Economic Impact Analysis of new construction and new jobs.
Motion was made by Bob Burdge, and seconded by Marcia Baker to forward a recommendation of approval to the City Commission subject to three (3) conditions:
- The applicant shall provide architectural up lighting along the facades of the building(s) facing I-95 and Florida’s Turnpike. The same architectural lighting shall be provided along the north facade of the building(s) in the areas not utilized for bay doors/loading. The applicant shall provide details of the lighting program at the time of building permit review.
- After a minimum of six (6)months of full operation of this project site, the applicant should update the trip generation, trip distribution and level of service to verify the assumptions provided as part of this traffic study at the time of approval. If discrepancies are detected, the updated study should provide mitigation measures if needed. The updated study should be submitted to St Lucie County for review.
- The Airborne Mountain Bike Club shall be able to maintain their club and trails within the South Florida Water Management (SFWMD) District Conservation Easement per their existing agreements with either SFWMD and or the property owner.
- AYE:
- Nichelle Clemons, Harold Albury, Michael Broderick, Gloria Johnson-Scott, Bob Burdge, Marcia Baker, Chairman Frank Creyaufmiller
Passed
m.
Disposal of Surplus Property - 1207 Avenue L - 2404-801-0055-000-5
Ms. Harnage explained the purpose of disposal of surplus property is to get the property back on the tax roll for redevelopment since there is no municipal purpose for the property. Ms. Harnage stated the respondent scores are obtained by determining what is being done,how soon, economic impact and the value of improvements.
Ms. Harnage stated that the appraisal for 1207 Avenue L came in at $45,000 and the property is currently in fair/uninhabitable condition.
Ms. Harnage explained the purpose of disposal of surplus property is to get the property back on the tax roll for redevelopment since there is no municipal purpose for the property. Ms. Harnage stated the respondent scores are obtained by determining what is being done,how soon, economic impact and the value of improvements.
Ms. Harnage stated that the appraisal for 1207 Avenue L came in at $45,000 and the property is currently in fair/uninhabitable condition.
Motion was made by Michael Broderick, and seconded by Gloria Johnson-Scott to forward a recommendation of approval to the City Commission.
- AYE:
- Harold Albury, Michael Broderick, Gloria Johnson-Scott, Bob Burdge, Marcia Baker, Nichelle Clemons, Chairman Frank Creyaufmiller
Passed
n.
Disposal of Surplus Property - Cortez Boulevard - 2421-500-0060-000-2
Ms. Harnage said this is a beautiful lot with lots of Oak trees and the city only received one response from the neighboring property owner, who has been maintaining the property for 25 years and would use the property for family use and possibly build a home for his grandchildren.
Chairman Creyaufmiller highlighted the bidder fit the City Commission description outline for disposing of surplus property. The chairman noted the bid was for more than the property value of $35,000.
Ms. Harnage explained that they are unable to negotiate the price and Ms. Baker suggested the city refund the respondent the difference.
Ms. Harnage said this is a beautiful lot with lots of Oak trees and the city only received one response from the neighboring property owner, who has been maintaining the property for 25 years and would use the property for family use and possibly build a home for his grandchildren.
Chairman Creyaufmiller highlighted the bidder fit the City Commission description outline for disposing of surplus property. The chairman noted the bid was for more than the property value of $35,000.
Ms. Harnage explained that they are unable to negotiate the price and Ms. Baker suggested the city refund the respondent the difference.
Motion was made by Marcia Baker, and seconded by Michael Broderick to forward a recommendation of approval to the City Commission.
- AYE:
- Michael Broderick, Gloria Johnson-Scott, Bob Burdge, Marcia Baker, Nichelle Clemons, Harold Albury, Chairman Frank Creyaufmiller
Passed
o.
Disposal of Surplus Property - S. 11th Street - 2409-826-0005-000-2
Ms. Harnage stated the property abuts Goodwin Park and the respondent will build either a single family home or duplex rental in 1 1/2 years.
Ms. Harnage stated the property abuts Goodwin Park and the respondent will build either a single family home or duplex rental in 1 1/2 years.
Motion was made by Bob Burdge, and seconded by Marcia Baker to forward a recommendation of approval to the City Commission.
- AYE:
- Gloria Johnson-Scott, Bob Burdge, Marcia Baker, Nichelle Clemons, Harold Albury, Michael Broderick, Chairman Frank Creyaufmiller
Passed
8.
COMMENTS FROM THE PUBLIC
There were no comments from the public.
There were no comments from the public.
9.
DIRECTOR'S REPORT
Ms. Hofmeister gave an update on the Vacation Rental Committee. She said Rebeca Guerra and Mr. Broderick will be chairing the committee and the property manager spot is still open. Ms. Hofmeister provided a tentative schedule with a presentation to the Planning Board over the summer.
Ms. Hofmeister gave an update on the Vacation Rental Committee. She said Rebeca Guerra and Mr. Broderick will be chairing the committee and the property manager spot is still open. Ms. Hofmeister provided a tentative schedule with a presentation to the Planning Board over the summer.
a.
Proposed Meeting Date Change - 2nd Monday of the Month - 2:00 PM
Mr. Burdge stated he a conflict with another meeting on the 2nd Monday of the month and may have to leave early.
Mr. Burdge stated he a conflict with another meeting on the 2nd Monday of the month and may have to leave early.
Motion was made by Gloria Johnson-Scott, and seconded by Nichelle Clemons to move the Planning Board meeting time to 2 PM on the 2nd Monday of each month.
- AYE:
- Bob Burdge, Marcia Baker, Nichelle Clemons, Harold Albury, Michael Broderick, Gloria Johnson-Scott, Chairman Frank Creyaufmiller
Passed
10.
BOARD COMMENTS
Chairman Creyaufmiller stated the drafted proposals for home rule are being voted on Wednesday, February 10, 2021 and he would like to get updates on the vote from Ms. Earley. Ms. Earley stated she would provide updates on the vote to Ms. Hofmeister.
Ms. Earley said she will not be a member of the Vacation Rental committee. Mr. Broderick stated that the legal department will be drafting the Short Term Rental ordinance that will go to Conference Agenda, Planning Board and then City Commission for approval.
Chairman Creyaufmiller asked Ms. Earley how City Code Chapter 22 turned into Chapter 125. Ms. Earley stated a complete overhaul of the code was done in the summer of 2020.
Mr. Broderick commented that the no on-street parking short term rental Conditional Use discussion at the January 19, 2021 City Commission meeting was convoluted and the City Commission did not grasp the Planning Board's added condition. Mr. Broderick explained that you can't have 12 people staying at a two bedroom rental with four parking spots and the other people parking on the street. This purpose of the condition was to prevent multiple renters at a two bedroom unit.
Ms. Baker said legal on street parking helps the community, visitors and the residents.
Chairman Creyaufmiller stated the drafted proposals for home rule are being voted on Wednesday, February 10, 2021 and he would like to get updates on the vote from Ms. Earley. Ms. Earley stated she would provide updates on the vote to Ms. Hofmeister.
Ms. Earley said she will not be a member of the Vacation Rental committee. Mr. Broderick stated that the legal department will be drafting the Short Term Rental ordinance that will go to Conference Agenda, Planning Board and then City Commission for approval.
Chairman Creyaufmiller asked Ms. Earley how City Code Chapter 22 turned into Chapter 125. Ms. Earley stated a complete overhaul of the code was done in the summer of 2020.
Mr. Broderick commented that the no on-street parking short term rental Conditional Use discussion at the January 19, 2021 City Commission meeting was convoluted and the City Commission did not grasp the Planning Board's added condition. Mr. Broderick explained that you can't have 12 people staying at a two bedroom rental with four parking spots and the other people parking on the street. This purpose of the condition was to prevent multiple renters at a two bedroom unit.
Ms. Baker said legal on street parking helps the community, visitors and the residents.
11.
ADJOURNMENT