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Minutes for Planning Board

Planning Board Minutes 

OF THE REGULAR MEETING OF THE FORT PIERCE CITY PLANNING BOARD HELD ON MONDAY, NOVEMBER 14, 2022, 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
Present:
Alexander Edwards; Nichelle Clemons; Bob Burdge; Anton Kreisl; Frank Creyaufmiller, Chairman
Absent:
Harold Albury
Staff Present:
  • Kev Freeman, Planning Director
  • Ryan Altizer, Planner
  • Alicia Rosenthal, Planning and Development Organizer
 
4.
CONSIDERATION OF ABSENCES

Mr. Albury was excused from the meeting.
 
5.
APPROVAL OF MINUTES
 
a.
Minutes from the October 10, 2022 meeting
 

Motion was made by Bob Burdge, and seconded by Nichelle Clemons to approve the minutes from the October 10, 2022 meeting.

AYE:
Bob Burdge, Anton Kreisl, Alexander Edwards, Nichelle Clemons, Chairman Frank Creyaufmiller

Passed

 
6.
HEARING OF THE LOCAL PLANNING AGENCY
 
a.
Future Land Use Map Amendment - Viva West - 3037 South Jenkins Road

Mr. Altizer gave an overview of the application and stated the current Future Land Use is GC - General Commercial and the proposed Future Land Use is RM - Medium Density Residential.  Chairman Creyaufmiller inquired if any meetings have been held with the Briargate neighborhood.  Mr. Kreisl asked if there were any restrictions on land use of how close to the interstate the residences can be set. Mr. Freeman stated he is not aware of a community meeting with the Briargate neighborhood or of any additional restrictions on land use besides the setbacks.  Mr. Freeman noted the Future Land Use change will reduce the intensity of the property.

Matthew Scott, Applicant Representative from Dunay, Miskel & Blackman Law Firm, stated he personally met with the Briargate neighborhood and the main concerns were buffering, traffic and drainage.  Mr. Scott said another meeting will be held with the neighborhood at the site plan phase. Mr. Scott showed gave a brief presentation showing the variety of entry level cottage style homes and townhomes, along with the various amenities.

Steven Cooper, Engineer, spoke about the drainage, and he explained that Viva West will reduce the discharges in Briargate neighborhood, and the water not held on site will go into the canal controlled by North St. Lucie Water Control District.
 

Motion was made by Anton Kreisl, and seconded by Nichelle Clemons to forward a recommendation of approval to the City Commission for the Future Land Use change located at 3037 S. Jenkins Road from GC, General Commercial to RM, Medium Density Residential.

AYE:
Bob Burdge, Anton Kreisl, Alexander Edwards, Nichelle Clemons, Chairman Frank Creyaufmiller

Passed

 
b.
Future Land Use Map Amendment - Allegra at Fort Pierce - Parcel IDs: 2419-111-0002-000-7 and 2419-113-0001-000-6

Mr. Altizer gave an overview of the application and answered questions from the Board.  He explained the request is to change the Future Land Use Map Amendment for two (2) parcels from GC, General Commercial to RM, Medium Density Residential. He highlighted the decrease in density for both commercial and residential land use.

Lee Dobbins, Applicant Representative, from Dean Mead Law Firm, explained that the northern parcel was recently annexed into the city and the change is for two parcels.  Mr. Dobbins stated there has been two community meetings with the neighborhood and the concerns were with drainage, traffic and how the development fits in with the neighborhood.  Mr Dobbins noted that the use will be less intense with less traffic and the neighborhood concerns can be addressed at the site plan stage.  Mr. Dobbins answered questions from the Board on the number of rental units, ingress and egress off of 41st Street, and market research showing development is appropriate for the area.

Deborah Fournier, resident, showed pictures of her neighborhood flooding and, she wants a solution to the drainage issues.

Mr. Freeman stated that it is difficult for staff to guarantee a solution at this point, but staff can ensure that all local codes will have to be met for whatever is designed.

Patricia Ruby, resident, spoke against the application, highlighting traffic issues, flooding, crime and the main entrance needed to be located on Okeechobee Road instead of 41st Street.

Gina Grant, resident, has concerns with flooding and traffic.  She suggested a traffic light be placed at 41st Street and Okeechobee Road.

Mr. Dobbins stated the intersection and turn lanes will change at the site plan stage and the change in the Future Land Use and Zoning will lower the possible traffic count.  He highlighted that the development will capture their own drainage on site, and it will go to the outfall canal.  
 

Motion was made by Nichelle Clemons, and seconded by Alexander Edwards to forward a recommendation of approval to the City Commission for the Future Land Use Map Amendment, change for two (2) parcels 2419-111-0002-000-7 and 2419-113-0001-000-6 from GC, General Commercial to RM, Medium Density Residential.

AYE:
Alexander Edwards, Nichelle Clemons, Bob Burdge, Anton Kreisl, Chairman Frank Creyaufmiller

Passed

 
7.
NEW BUSINESS
 
a.
Annexation - 7-Brew Drive-Thru - 2605 Kerr Street

Mr. Altizer gave an overview of the annexation.  He stated the current Future Land Use is COM, Commercial (St. Lucie County) and the proposed Future Land Use is GC, General Commercial.  The current zoning is CO, Commercial Office (St. Lucie County) and the proposed zoning is C-3, General Commercial Zone.

Chris Ossa, Engineer of Record from Kimley Horn & Associates, stated the client has no plans of keeping the billboard located on the property.
 

Motion was made by Anton Kreisl, and seconded by Nichelle Clemons to forward a recommendation of approval to the City Commission for the annexation of 2605 Kerr Street.

AYE:
Nichelle Clemons, Bob Burdge, Anton Kreisl, Alexander Edwards, Chairman Frank Creyaufmiller

Passed

 
b.
Zoning Text Amendment - Edgartown Settlement Zoning District

This item was presented after item 7j.

Mr. Freeman stated he recommended this item going to the Historic Preservation Board for discussion purposes and then come back to the Planning Board for review.
 
 

Motion was made by Bob Burdge, and seconded by Nichelle Clemons to forward the Edgartown Settlement Zoning District Text Amendment to the Historic Preservation Board meeting for discussion and then come back to the Planning Board for review.

AYE:
Bob Burdge, Anton Kreisl, Alexander Edwards, Nichelle Clemons, Chairman Frank Creyaufmiller

Passed

 
c.
Zoning Text Amendment - Code of Ordinances, Chapter 121 - Subdivisions Sec. 121-8, 121-9 and 121-10. Plat specification

This item was presented as the last item under New Business.

Chairman Creyaufmiller spoke to Mr. Freeman before the meeting to suggest that the amended Preliminary Plat process go to the Planning Board after the Technical Review instead of the City Commission. Chairman Creyaufmiller said the Planning Board function is to be an overview to the Planning department and the amendment is to streamline and speed up the process so when the final design work is done, the City Commission can review the final Plat  

Mr. Freeman stated the text amendment was based on a recommendation from 2016 and recently a Preliminary Plat came in that did not meet the existing city requirements for a Preliminary Plat.  He explained that a preliminary plat is preliminary to the final plat and the city seemed to have it backwards. Most of the details were provided at Preliminary and the Final Plat was almost an overview of the Preliminary Plat. Mr. Freeman said the recommendation is to have the Preliminary Plat meet the basic requirements to enable developments to move to building permit before final Certificate of Occupancy.  The Final Plat will get everything in order for the final Certificate of Occupancy.  Mr. Freeman highlighted the move is to streamline the Preliminary Plat Process by allowing the Preliminary Plat Process to be optional and require the Final Plat meet state statute requirements.
 

Motion was made by Bob Burdge, and seconded by Anton Kreisl to amend the proposed text amendment to include the Planning Board in exchange for the City Commission in the Preliminary Plat process.

AYE:
Anton Kreisl, Alexander Edwards, Nichelle Clemons, Bob Burdge, Chairman Frank Creyaufmiller

Passed

 
d.
Zoning Atlas Map Amendment - Viva West - 3037 South Jenkins Road

Mr. Altizer gave an overview of the application, and he stated the current zoning on the approximately 27.89 acre parcel is C-3, General Commercial Zone and the proposed zoning is R-4, Medium Density Residential Zone.

Matthew Scott, Applicant Representative, from the Dunay, Miskel, & Blackman Law Firm, made himself available for questions from the Board.
 

Motion was made by Nichelle Clemons, and seconded by Alexander Edwards to forward a recommendation of approval to the City Commission for the Zoning Atlas Map Amendment from C-3, General Commercial Zone to R-4, Medium Density Residential Zone for 3037 S. Jenkins Road.

AYE:
Anton Kreisl, Alexander Edwards, Nichelle Clemons, Bob Burdge, Chairman Frank Creyaufmiller

Passed

 
e.
Zoning Atlas Map Amendment - Allegra at Fort Pierce - Parcel IDs: 2419-111-0002-000-7 and 2419-113-0001-000-6

Mr. Altizer gave an overview of the application and stated the request is to change the two (2) parcels from C-3, General Commercial zone to R-4, Medium Density Residential zone.

Mr. Dobbins made himself available for questions from the Board.
 

Motion was made by Alexander Edwards, and seconded by Nichelle Clemons to forward a recommendation of approval to the City Commission for the Zoning Map Amendment change of two (2) parcels 2419-111-0002-000-7 and 2419-113-0001-000-6 from C-3, General Commercial to R-4, Medium Density Residential.

AYE:
Alexander Edwards, Nichelle Clemons, Bob Burdge, Anton Kreisl, Chairman Frank Creyaufmiller

Passed

 
f.
Zoning Atlas Map Amendment - 805 Office Plaza - 805 Virginia Avenue

Mr. Altizer gave an overview of the application.  He said the request is for a Zoning Map Amendment, change for 805 Virginia Avenue from R-5, High Density Residential zoning, to C-3, General Commercial zoning. 

Mr. Burdge asked the current uses in the strip center and if C-1 zoning would buffer the neighborhood better with C-3 zoning.  

Brad Currie, Applicant Representative from Engineering, Design and Construction, stated the applicant has had to ask for Conditional Uses on the property since it was zoned R-5 and most of the zoning is the area is C-3.

Mr. Kreisl asked to see more information on the current uses to confirm that the current uses are consistent with the C-1 zoning and to assure that would not pose any issues with the applicant. He suggested the item be tabled.

Mr. Freeman said the item can continue to the next Planning Board meeting with staff's analysis based on the Planning Board's discussion points.  Mr. Freeman noted considering spot zoning and the uses.

Mr. Currie said that Neighborhood Commercial use is not allowed in C-1 and that could become a problem, but there is not a big difference between C-1 and C-3 zoning.  He stated that his client would like to get the most intense zoning as possible.

Mr. Burdge mentioned the tax benefit of C-1 over C-3, due to a higher appraisal value of C-3 zoning.
 

Motion was made by Bob Burdge, and seconded by Anton Kreisl to table the application for further investigation from staff regarding potential C-1 zoning.

AYE:
Bob Burdge, Anton Kreisl, Alexander Edwards, Nichelle Clemons, Chairman Frank Creyaufmiller

Passed

 
g.
Major Amendment to Planned Development - Red Hawk Rebar - 4280 Bandy Boulevard

Mr. Altizer gave an overview of the application and provided brief history on the project. The City Commission of the City of Fort Pierce approved the Zoning Atlas Map Amendment to Planned Development along with an approved development plan on September 4, 2018. The original proposed development plan consisted of a 40,000 square foot manufacturing facility and the new proposal consists of a smaller footprint of approximately 32,000 square feet.

Dennis Murphy, Applicant Representative from Culpepper and Terpening, stated the application is the same except the building footprint has changed.
 

Motion was made by Anton Kreisl, and seconded by Nichelle Clemons to forward a recommendation of approval to the City Commission with the following condition:

  1. A completion certification by a landscape architect, cost estimate and landscape bond pursuant to City Code 123-6 shall be required before the Final Certificate of Occupancy is approved for the site.

AYE:
Alexander Edwards, Nichelle Clemons, Bob Burdge, Anton Kreisl, Chairman Frank Creyaufmiller

Passed

 
h.
Conditional Use - Brighter Care Adult Daycare - 415 Avenue A 

Mr. Altizer gave an overview of the application. He stated the daycare will be 4,892 square feet inside the Kraaz & Kraaz Building and the tentative capacity is approximately 10 patients.

Mr. Burdge asked if there will be the availability for a horseshoe drop off point for convenience and security.

Shantell Walkine, Applicant, stated she has been in the medical field for 40 years and, she wants to provide entertainment to elderly patients in Fort Pierce.  Ms. Walkine said there is currently not covered parking at the location and there is the ability to utilize the horseshoe drop off point.
 

Motion was made by Bob Burdge, and seconded by Nichelle Clemons to forward a recommendation of approval to the City Commission.

AYE:
Alexander Edwards, Nichelle Clemons, Bob Burdge, Anton Kreisl, Chairman Frank Creyaufmiller

Passed

 
i.
Conditional Use - Longman Garage & Guest House - 1506 Thumb Point Drive

Mr. Altizer gave an overview of the application. He stated the garage will be 1,974 square feet and the 2nd floor living (Guest House) will be an additional 1,974 square feet.

Mr. Freeman stated he received two objection e-mails from residences that are adjacent and close to the property.  He stated they had concerns with the architecture, setbacks, appropriateness of the design and the location. Mr. Freeman noted that the state statute limits the Planning Board and City Commission on architectural developments on single family homes. He mentioned that there is an exception for property located in the CRA.  He noted that the Conditional Use application does not require architectural guidelines and the South Beach Overlay has architectural elements for multifamily and non-residential development.  Mr. Freeman stated that the Planning Board has no authority to condition the architecture but, they can limit the height.  

Mr. Burdge asked if the current zoning allows for two homes on the parcel and if the guess house incorporates a kitchen.  Mr. Kreisl asked the total square footage and if the current plan has kitchen facilities.

Mr. Freeman stated an additional dwelling unit cannot be granted on the property.

Board discussion ensued on the height of the building, the South Beach overlay height restrictions, and why the extra height is needed.

David Hicks, resident, spoke against the application.  He stated the garage is too close to the property line, creates privacy issues and does not fit in the neighborhood with mostly one-story homes.  Mr. Hicks showed the Board pictures of the survey, floor plan and what the garage would look like next to the single family home. 

Sally Griffith, resident, spoke against the application.  Mr. Griffith said she agrees with everything Mr. Hicks said, and she added the garage is too big, too commercial looking and does not fit in the neighborhood.  

The applicant did not attend the meeting.
 

Motion was made by Anton Kreisl, and seconded by Nichelle Clemons to disapprove the Conditional Use for the height of the garage and guest house because there is no compelling reason to allow the height restriction.

AYE:
Nichelle Clemons, Bob Burdge, Anton Kreisl, Alexander Edwards, Chairman Frank Creyaufmiller

Passed

 
j.
Site Plan, Design Review and Conditional Use - Ballarena Multi-Family - 4701 Regina Drive

Mr. Altizer gave an overview of the application. He stated the development will be a 114-Unit multifamily innovative residential development with six (6) townhomes and three (3) conventional apartment buildings. He noted the application requires approval of the Conditional Use for the additional maximum density bonus of two (2) units per acre. The density bonus qualifies because the landscaping plan provides for effective use, the site plan provides for creative placement of buildings and other facilities and the design elevations provide for imaginative design features. 

Dan Sorrow, Applicant Representative from Cotleur and Hearing, provided the Board with a detailed presentation. He stated the property is just under 10 acres with the site ingress and egress off of Weatherbee Road.  Mr. Sorrow noted the various amenities being a tot lot, picnic and BBQ area, pool, gym, clubhouse, dog park and cultivating garden.  He highlighted the up lighting on the Royal Palm trees along Weatherbee Road, the enhanced buffers along the south and east side of the property, on-street parallel parking and a sidewalk along Weatherbee Road and Regina Drive.  Mr. Sorrow stated there will be 112 to 114 rental units all concrete block with impact glass.  He said the development exceeded the landscape code by 13%.

Mr. Sorrow answered Chairman Creyaufmiller's question regarding Poinsettia Avenue.  He stated the property owner owns one-half of Poinsettia Avenue, and it is part of the plan that will be dedicated for future right-of-way when the county wants to expand Poinsettia Avenue.  Mr. Sorrow answered questions from the Board on school bus access and drop off and vehicle charging stations on the property,
 

Motion was made by Bob Burdge, and seconded by Anton Kreisl to forward a recommendation of approval for the Site Plan, Design Review and Conditional Use to the City Commission with the following four (4) conditions:

  1. Prior to the issuance of Building Permit approval, provide colored elevations to demonstrate that the proposed building conforms to the specifications of City Code 125-314, Design Review.
  2. Incorporate littoral zone plantings around the lake/retention pond per City Code Section 123-6.
  3. A completion certification by a landscape architect, cost estimate and landscape bond pursuant to City Code 123-6 shall be required before the Final Certificate of Occupancy is approved for the site.
  4. Prior to the issuance of any site clearing permits, the applicant shall provide a Tree Mitigation Survey and coordinate with the City of Ft. Pierce Arborist for the required mitigation of the City regulated trees proposed to be removed as a result of this site’s development/construction activity.

AYE:
Bob Burdge, Anton Kreisl, Alexander Edwards, Nichelle Clemons, Chairman Frank Creyaufmiller

Passed

 
8.
COMMENTS FROM THE PUBLIC

Lainey Williams, Edgartown Representative from Jones Foster Law Firm, stated some modifications to the Edgartown Text Amendment would be best for the homeowners and residents. She stated that certain uses are permitted uses and not conditional uses and, they do not agree with the amplified sound in the zoning district. Ms. Williams said the DBA level is typical of a commercial area and suggested sound limiters be required on the property. She also noted the violations are not strong enough for the sound level.

Holly Theuns, resident and Vice-Chair of the Historic Preservation Board, said the city is lucky to have the Edgartown gem in downtown. She stated that she purchased and remodeled a 1905 house in Edgartown when the 2012 Edgartown ordinance was in place, which protected the residents of Edgartown against what is being experienced now.
 
9.
DIRECTOR'S REPORT

There was no director's report.
 
10.
BOARD COMMENTS

Chairman Creyaufmiller asked for Planning Board hard copy packets due to the difficulty in reviewing the drawings.
 
11.
ADJOURNMENT