Minutes from the February 9, 2021 meeting

Future Land Use Map Amendment - Project Hurricane - 2398 Peters Road

Item 6a and 7a was presented together.

Mr. Creagan gave an overview of the application. The applicant is requesting review and approval of a Future Land Use Map Amendment from Mixed Use (MXD) to General Commercial (GC) with a compatible change to the rezoning from Single Family, two dwelling units per acre (E-2) to General Commercial (C-3) to develop the site for a future RV sales business.The applicant is seeking Future Land Use and Zoning approvals prior to submitting a formal major site development review application for development of the site. 

The proposed amendment is consistent with the Goals, Objectives, and Policies of the City’s Comprehensive Plan. The Zoning Atlas Map Amendment promotes and protects the public health, safety,and general welfare as the request as proposed is not out of character for the area and is similar to surrounding land uses and zoning designations. The current zoning of Single Family, two dwelling units per acre (RS2) is not compatible with the surrounding area as this zoning category is suitable for areas with single family estates or other residentially zoned areas and not for areas that are commercial or industrial centers. 

Staff recommends that the Planning Board forwards a recommendation of approval to the City Commission for the Future Land Use Map Amendment and the Zoning Atlas Map Amendment.

Brad Currie, Applicant Representative from Engineering, Design and Construction (EDC), stated they are moving forward with the development of this site as a national RV Sales and Service Company.

Rezoning - Project Hurricane - 2398 Peters Road

This item was presented with 6a.

Annexation - Machritchie RV Storage - 2192 Copenhaver Road

Mr. Creagan gave an overview of the application. The subject property has a St. Lucie County Future Land Use designation of Residential Urban, five dwelling units per acre (RU) and a zoning designation of Single Family, two dwelling units per acre (RS-2). To ensure consistency with the City’s Comprehensive Plan, the proposed Future Land Use designation is Low Density Residential (RL) with a zoning classification of Single Family, two units per acre (E-2).

The applicant will be submitting applications for a Future Land Use and Zoning change to General Commercial (GC) and General Commercial (C-3) respectively, as well as a Development Review application at the conclusion of the annexation into the City. 

Planning staff recommends that the Planning Board recommend approval of the proposed annexation along with the Future Land Use designation of RL and the Zoning designation of E-2.

Chairman Creyaufmiller asked why the address is Copenhaver Road and not Peters Road.

Lee Dobbins, Applicant Representative, from Dean Meade Law Firm, noted that Rezoning, Land Use and Conditional Use applications will be coming forward and they are looking at a total time frame of 9 - 11 months.

Conditional Use - Dwelling Rental -1801 Plover Avenue

Ms. Guerra gave an overview of the application.The applicant is requesting review and approval of a Conditional Use to operate a dwelling rental. The proposed Conditional Use will offer lodging of less than six (6) months with a minimum stay of less than 30 days. The subject site is surrounded by single family residences to the north, south, east, and west. The subject site has a Future Land Use designation of Low Density Residential (RL) with a compatible zoning designation of Single-Family Intermediate Density zone (R-2). Dwelling Rentals are classified as a Conditional Use in the R-2 zoning district. 

Staff recommends approval, with the following five Conditions:

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.
2. Guide booklets (available from Code Enforcement) shall be provided to renters regarding local rules and public service resources, to minimize conflicts.
3. 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.
4. There shall be a limitation of no more than two (2) vehicles per unit.
5. The City of Fort Pierce Business Tax License number shall be included on all advertising.

Ms. Baker asked if the applicant is the same applicant from the 2035 S. Ocean Drive dwelling rental that was withdrawn. Ms. Baker asked what the criteria is for determining if a dwelling rental is appropriate, without any restrictions, in a neighborhood. Ms. Baker asked what is substantive evidence of safety, comfort, good order, appearance and general welfare.

Ms. Guerra explained that the application meets the requirements of Ordinance K-114 and no Pre-Application or Technical Review Committee comments were given with adverse effects or violations that something physically occurred on the property. 

Ms. Johnson Scott asked if there are any dwelling rentals in the immediate area and she asked what the commercial benefit to the community is and how it serves the neighborhood.  Ms. Guerra stated there are no dwelling rentals on the same block. Ms. Guerra explained that a commercial entity can improve a property and the owner has a vested interest in keeping the property up to date and well kept.  

Mr. Albury commented that people come to Fort Pierce looking for an experience and by renting in a great neighborhood that person may potentially buy a home in that neighborhood.

Jonathan Joseph, Owner, stated he closed on the house January 14, 2021 and he has done improvements inside the home to bring it up to a more modern decorative standard. 

Mr. Joseph stated he owns three other rental properties and his short term rental will bring tourist dollars to the area. Mr. Joseph highlighted that the majority of the renters stay for 5-7 days and are over 40 years of age with families. Mr. Joseph explained he has strict house rules and he does not want to disrupt the neighborhood.

Mr. Albury suggested security cameras on the outside of the property.

Mr. Joseph said he wanted to reject the condition for the limit of two vehicles per unit, since his driveway is over 70 feet long.

Ms. Guerra explained that the Board has the ability to change the conditions of approval but she noted that the two vehicle limit was requested by City Commission and is a standard condition of approval to control the number of vehicles in the area and mimic how a single family neighborhood operates.

Chairman Creyaufmiller cautioned the Board to not make changes to the conditions of approval because there is a committee reviewing the short term rental properties and how to look at them moving forward.  He also said that changing the conditions of approval will remove the continuity and possibly confuse Code Enforcement.

Anita Shannon, resident spoke against the application.  Ms. Shannon showed pictures of her home in relation to the dwelling rental.  She provided the clerk with a statement of impact on her property and the Surfside neighborhood and she also provided a petition that members of the neighborhood signed.

Timothy Banks, resident, spoke against the application.

Dave Underhill, resident, spoke against the application.

Gary Cicalese, resident, spoke against the application.

Zaida Quesada, resident, spoke against the application.

Eugene Cochran, resident, spoke against the application and showed the Board documents he found that the owner and applicant do not live in Fort Pierce or St. Lucie County.

Ralph Moody, resident, spoke against the application.

Timothy Lynch, resident, spoke against the application.

Terry Shaffer, resident, spoke against the application.

Mr. Joseph, owner, stated he is not going to change the elements of the neighborhood to make anyone feel unsafe.  Mr. Joseph noted he has short term rental insurance on the property.

Chairman Creyaufmiller explained that the Board's hands are tied on this issue and he advised the residents to speak at the City Commission meeting on this item..

Ms. Hofmeister explained to the Board that the format of the letters that go out prior to the City Commission meeting have been changed to notify residents that due to the Quasi-Judicial hearing, the public must appear in person to give sworn testimony or provide sworn written comments to the City Clerk's office.