Planning Board Minutes
OF THE REGULAR MEETING OF THE FORT PIERCE CITY PLANNING BOARD HELD ON MONDAY, OCTOBER 9, 2023, 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
Prior to roll call, Chairman Creyaufmiller introduced the new Planning Board member, Justine Carter, and she told the Board a little bit about herself.
Prior to roll call, Chairman Creyaufmiller introduced the new Planning Board member, Justine Carter, and she told the Board a little bit about herself.
- Present:
- Nichelle Clemons; Anton Kreisl; John Heaning; Alexander Edwards; Justine Carter; Frank Creyaufmiller, Chairman
- Absent:
- Uline Daniel
- Staff Present:
-
- Kev Freeman, Planning Director
- Ryan Alitzer, Senior Planner
- Kerry Charles, Planner
- Alicia Rosenthal, Planning and Development Organizer
4.
CONSIDERATION OF ABSENCES
Ms. Daniel was excused.
Ms. Daniel was excused.
5.
APPROVAL OF MINUTES
a.
Minutes from the September 11, 2023 meeting
Motion was made by Anton Kreisl, and seconded by Nichelle Clemons to approve the minutes from the September 11, 2023 meeting.
- AYE:
- Anton Kreisl, John Heaning, Alexander Edwards, Nichelle Clemons, Justine Carter, Chairman Frank Creyaufmiller
Passed
6.
NEW BUSINESS
a.
Annexation - Hickory Branch Properties (3601, 3605, and 3725 Gordy Road) - Parcel IDs: 2326-413-0001-000-2, 2326-434-0000-000-0 and 2326-413-0000-000-5
Ms. Charles gave an overview of the annexation. She stated the request is for a voluntary annexation of three (3) parcels of land that have existing St. Lucie County Future Land Use designations of Residential Suburban 2 du/ac (RS-2) and a St. Lucie County Zoning designation of Agriculture (AG-1). The applicant is requesting Future Land Use designations of Mixed-Use Development 15 du/ac (MXD), which designates the property for a greater potential development. Ms. Charles said the property will retain the existing zoning classification of Agriculture (AG-1) and the current value of the property is $3,332,942. Ms. Charles noted the application involves a land area of greater than 50 acres which will require transmission to the Department of Commerce and other required State agencies for review. The city should consider how it will ensure that Gordy Road operates with sufficient capacity and safety under a more urbanized condition when the subject properties, and other properties along Gordy Road develop.
Chairman Creyaufmiller requested the city begin having discussions on the 10-mile creek flooding with the South Water Management District before the shovels hit the ground on the project. He said the project will compound the flooding problems.
Mr. Freeman stated that FDOT is allocating funds to construct a Turnpike exchange on Midway Road, which will allow for better traffic flow in the area. Mr. Freeman suggested having innovative drainage systems and on site stormwater and treatment. He said he is trying to incorporate amendments to the landscape code to aid in stormwater, plantings, vegetation and habitat. Mr. Freeman noted that rarely are the Future Land Use numbers met. Mr. Freeman answered questions from the Board on Gordy Road and present zoning. He stated the applicant will have to meet road standards during the technical review. Mr. Freeman explained the applicant requested to secure the agricultural zoning until development of the site and, so they can use the agricultural exemption.
Hoyt Murphy, Applicant Representative, said the property has been owned by the Varn family for a couple of generations. He noted the adjoining mixed-use property owned by Zyntec will have to upgrade Gordy Road. Mr. Murphy stated the owners are currently running cattle on the property, so the agricultural exemption will remain for two to three years. Mr. Murphy noted the applicants are looking for density of four (4) to five (5) units per acre.
Ms. Charles gave an overview of the annexation. She stated the request is for a voluntary annexation of three (3) parcels of land that have existing St. Lucie County Future Land Use designations of Residential Suburban 2 du/ac (RS-2) and a St. Lucie County Zoning designation of Agriculture (AG-1). The applicant is requesting Future Land Use designations of Mixed-Use Development 15 du/ac (MXD), which designates the property for a greater potential development. Ms. Charles said the property will retain the existing zoning classification of Agriculture (AG-1) and the current value of the property is $3,332,942. Ms. Charles noted the application involves a land area of greater than 50 acres which will require transmission to the Department of Commerce and other required State agencies for review. The city should consider how it will ensure that Gordy Road operates with sufficient capacity and safety under a more urbanized condition when the subject properties, and other properties along Gordy Road develop.
Chairman Creyaufmiller requested the city begin having discussions on the 10-mile creek flooding with the South Water Management District before the shovels hit the ground on the project. He said the project will compound the flooding problems.
Mr. Freeman stated that FDOT is allocating funds to construct a Turnpike exchange on Midway Road, which will allow for better traffic flow in the area. Mr. Freeman suggested having innovative drainage systems and on site stormwater and treatment. He said he is trying to incorporate amendments to the landscape code to aid in stormwater, plantings, vegetation and habitat. Mr. Freeman noted that rarely are the Future Land Use numbers met. Mr. Freeman answered questions from the Board on Gordy Road and present zoning. He stated the applicant will have to meet road standards during the technical review. Mr. Freeman explained the applicant requested to secure the agricultural zoning until development of the site and, so they can use the agricultural exemption.
Hoyt Murphy, Applicant Representative, said the property has been owned by the Varn family for a couple of generations. He noted the adjoining mixed-use property owned by Zyntec will have to upgrade Gordy Road. Mr. Murphy stated the owners are currently running cattle on the property, so the agricultural exemption will remain for two to three years. Mr. Murphy noted the applicants are looking for density of four (4) to five (5) units per acre.
Motion was made by Nichelle Clemons, and seconded by John Heaning to forward a recommendation of approval to City Commission with the following conditions:
- The applicant will provide a traffic analysis of Gordy Road and the cumulative effects of development at the intersection of State Road 70.
- An application for rezoning of the property shall be submitted in conjunction with any site plan review.
- AYE:
- Alexander Edwards, Nichelle Clemons, Justine Carter, Anton Kreisl, John Heaning, Chairman Frank Creyaufmiller
Passed
b.
Annexation - 1703 Totten Road - Parcel ID: 2417-323-0001-000-5
Ms. Charles gave an overview of the application and stated the voluntary annexation is for one (1) parcel of land which is +/- .59 acres. The subject property has St. Lucie County Future Land Use designations of Commercial (COM), 0 du/ac, and a St. Lucie County Zoning designation of Commercial, Neighborhood (CN). The applicant is proposing Future Land Use designations of General Commercial (GC) 15 du/ac, with a Zoning classification of General Commercial (C-3). Ms. Charles said the current value of the property is $186,600 and the property has an existing dwelling unit.
George Ruiz Ortiz, Applicant, stated the purpose of the annexation is to get Fort Pierce utilities for a future commercial use. He said the county cannot provide the utilities on the parcel.
Ms. Charles gave an overview of the application and stated the voluntary annexation is for one (1) parcel of land which is +/- .59 acres. The subject property has St. Lucie County Future Land Use designations of Commercial (COM), 0 du/ac, and a St. Lucie County Zoning designation of Commercial, Neighborhood (CN). The applicant is proposing Future Land Use designations of General Commercial (GC) 15 du/ac, with a Zoning classification of General Commercial (C-3). Ms. Charles said the current value of the property is $186,600 and the property has an existing dwelling unit.
George Ruiz Ortiz, Applicant, stated the purpose of the annexation is to get Fort Pierce utilities for a future commercial use. He said the county cannot provide the utilities on the parcel.
Motion was made by Nichelle Clemons, and seconded by Anton Kreisl to forward a recommendation of approval to the City Commission.
- AYE:
- Nichelle Clemons, Justine Carter, Anton Kreisl, John Heaning, Alexander Edwards, Chairman Frank Creyaufmiller
Passed
c.
Final Plat - Hernando Street Plat - 601 Hernando Street
Mr. Altizer gave an overview of the application. He stated the request is for review of an application for a final plat to subdivide one (1) parcel, which is 0.81 +/- acres, into six (6) platted lots. The current Future Land Use is HIR, Hutchinson Island Residential and the current Zoning is R-4A, Hutchinson Island Medium Density Residential. Mr. Altizer answered questions from the Board on underground utilities and lot size.
Tod Mowery, Applicant Representative from Redtail Design Group, said the plat process has been going on since 2021. Mr. Mowery stated before the 2004 hurricanes there were 11 apartment units on three (3) lots, and they are lowering the density by platting six (6) lots. He said the plat allows the applicant to sell 45 foot wide lots. Mr. Mowery noted there are no underground utilities only phone lines.
Mr. Altizer gave an overview of the application. He stated the request is for review of an application for a final plat to subdivide one (1) parcel, which is 0.81 +/- acres, into six (6) platted lots. The current Future Land Use is HIR, Hutchinson Island Residential and the current Zoning is R-4A, Hutchinson Island Medium Density Residential. Mr. Altizer answered questions from the Board on underground utilities and lot size.
Tod Mowery, Applicant Representative from Redtail Design Group, said the plat process has been going on since 2021. Mr. Mowery stated before the 2004 hurricanes there were 11 apartment units on three (3) lots, and they are lowering the density by platting six (6) lots. He said the plat allows the applicant to sell 45 foot wide lots. Mr. Mowery noted there are no underground utilities only phone lines.
Motion was made by Nichelle Clemons, and seconded by John Heaning to forward a recommendation of approval to the City Commission with the following condition:
- The applicant will supply two (2) Mylars for appropriate signatures and then the plat is recorded with St. Lucie County Clerk of Courts in accordance with Florida State Statute 177.111.
- AYE:
- Justine Carter, Anton Kreisl, John Heaning, Alexander Edwards, Nichelle Clemons, Chairman Frank Creyaufmiller
Passed
d.
Zoning Text Amendment - Landscape Bond and Landscape Enforcement
Mr. Freeman gave an overview ot the Zoning Text Amendment. He stated the text amendment pertains to Section 123-6 and 123-7 regarding Landscape Bond and Landscape Enforcement. He said the existing site plan process requires the property owner to provide an estimated landscape bond to ensure that all approved landscaping is maintained. He said there are issues managing the bonds, where the bonds are located and the city landscaping the owner's property. Mr. Freeman said the landscape should be maintained as it was approved and if not the Code Enforcement department will issue a fine. The initial landscaping is inspected at final CO and should be monitored. If the landscape inspection fails, the bond is pulled. Mr. Freeman said during the site plan process, the landscape maintenance agreement will be put in place and if not met, the property will be subject to Code Enforcement action. The city will monitor the approved landscaping on an annual basis. He stated the responsibility is carried through in perpetuity of the site being operated and until such a time that the approved site plan/landscape plan is amended. Mr. Freeman recommended the removal of the requirement for a Landscape Bond and add the requirement for Landscape Maintenance Agreement and an annual city inspection.
Mr. Freeman explained the city was getting complaints about the landscape bond being too expensive, and the amendment will move the responsibility on to the developer and property owner rather than the city to maintain the landscaping. Mr. Freeman answered questions from the Board on Code Enforcement responsibility for failed landscaping and who will be performing the landscape inspection. Mr. Freeman explained the Planning Department wil be aware of what sites needed landscaping and what trees are to be planted and if this is not met by the city arborist inspection, a report will be created and turned over to Code Enforcement.
Mr. Freeman gave an overview ot the Zoning Text Amendment. He stated the text amendment pertains to Section 123-6 and 123-7 regarding Landscape Bond and Landscape Enforcement. He said the existing site plan process requires the property owner to provide an estimated landscape bond to ensure that all approved landscaping is maintained. He said there are issues managing the bonds, where the bonds are located and the city landscaping the owner's property. Mr. Freeman said the landscape should be maintained as it was approved and if not the Code Enforcement department will issue a fine. The initial landscaping is inspected at final CO and should be monitored. If the landscape inspection fails, the bond is pulled. Mr. Freeman said during the site plan process, the landscape maintenance agreement will be put in place and if not met, the property will be subject to Code Enforcement action. The city will monitor the approved landscaping on an annual basis. He stated the responsibility is carried through in perpetuity of the site being operated and until such a time that the approved site plan/landscape plan is amended. Mr. Freeman recommended the removal of the requirement for a Landscape Bond and add the requirement for Landscape Maintenance Agreement and an annual city inspection.
Mr. Freeman explained the city was getting complaints about the landscape bond being too expensive, and the amendment will move the responsibility on to the developer and property owner rather than the city to maintain the landscaping. Mr. Freeman answered questions from the Board on Code Enforcement responsibility for failed landscaping and who will be performing the landscape inspection. Mr. Freeman explained the Planning Department wil be aware of what sites needed landscaping and what trees are to be planted and if this is not met by the city arborist inspection, a report will be created and turned over to Code Enforcement.
Motion was made by John Heaning, and seconded by Nichelle Clemons to forward a recommendation of approval to the City Commission.
- AYE:
- Anton Kreisl, John Heaning, Alexander Edwards, Nichelle Clemons, Justine Carter, Chairman Frank Creyaufmiller
Passed
e.
Zoning Text Amendment - Preliminary Plat Process
Mr. Freeman gave an overview of the application. Mr. Freeman said at the beginning of the year an optional preliminary plat process was put in place to save time and to be able to assign addresses to lots and to be able to pull building permits where appropriate. The Property Appraiser will not issue parcel ID#'s to lots delineated by a preliminary plat, which in turn does not allow an address to be allocated or building permit to be applied for. The process has caused confusion and has little benefit to applicants and property owners. Mr. Freeman suggested removing the optional Preliminary Plat process and require a Final Plat to meet State Statute requirements, which will cut down on the expense to the applicant. Mr. Freeman explained the Final Plat answers the questions from the Preliminary Plat and the strikethrough's on the draft are not relevant to the ordinance and are covered by state statute.
Mr. Freeman gave an overview of the application. Mr. Freeman said at the beginning of the year an optional preliminary plat process was put in place to save time and to be able to assign addresses to lots and to be able to pull building permits where appropriate. The Property Appraiser will not issue parcel ID#'s to lots delineated by a preliminary plat, which in turn does not allow an address to be allocated or building permit to be applied for. The process has caused confusion and has little benefit to applicants and property owners. Mr. Freeman suggested removing the optional Preliminary Plat process and require a Final Plat to meet State Statute requirements, which will cut down on the expense to the applicant. Mr. Freeman explained the Final Plat answers the questions from the Preliminary Plat and the strikethrough's on the draft are not relevant to the ordinance and are covered by state statute.
Motion was made by Nichelle Clemons, and seconded by Anton Kreisl to forward a recommendation of approval to the City Commission.
- AYE:
- John Heaning, Alexander Edwards, Nichelle Clemons, Justine Carter, Anton Kreisl, Chairman Frank Creyaufmiller
Passed
7.
COMMENTS FROM THE PUBLIC
There were no comments from the public.
There were no comments from the public.
8.
DIRECTOR'S REPORT
Mr. Freeman spoke about three agenda items from the October 9, 2023, Conference Agenda. He stated he got positive feedback from the Commission on looking at density differently for affordable housing. He highlighted in the Comprehensive Plan the developer automatically gets an additional market rate unit. Mr. Freeman said to create more homeownership in the city the developer could have varying units, lower income, different sized units and provide additional density without being counted. Mr. Freeman said he is working on ordinances to allow accessory dwellings on the back of houses and allowing homeowners to split lots to build more homes, which will help regenerate the Lincoln Park area.
The next item discussed was notification and expense involved prior to the Planning Board meetings. Mr. Freeman said the Planning Department will engage with the applicant to mandate site noticing and mail outs prior to the Planning Board meeting date and a report will be sent to the City Manager's office of what is going on.
The final discussion item was increasing the threshold of minor site plans. He said the recommendation was to amend residential minor site plans to less than 50 units and commercial minor site plans to less than 10,000 square feet. Mr. Freeman said he will be bringing the item to Planning Board for discussion with an analysis of what sort of developments the administrative approvals would include.
Mr. Freeman spoke about three agenda items from the October 9, 2023, Conference Agenda. He stated he got positive feedback from the Commission on looking at density differently for affordable housing. He highlighted in the Comprehensive Plan the developer automatically gets an additional market rate unit. Mr. Freeman said to create more homeownership in the city the developer could have varying units, lower income, different sized units and provide additional density without being counted. Mr. Freeman said he is working on ordinances to allow accessory dwellings on the back of houses and allowing homeowners to split lots to build more homes, which will help regenerate the Lincoln Park area.
The next item discussed was notification and expense involved prior to the Planning Board meetings. Mr. Freeman said the Planning Department will engage with the applicant to mandate site noticing and mail outs prior to the Planning Board meeting date and a report will be sent to the City Manager's office of what is going on.
The final discussion item was increasing the threshold of minor site plans. He said the recommendation was to amend residential minor site plans to less than 50 units and commercial minor site plans to less than 10,000 square feet. Mr. Freeman said he will be bringing the item to Planning Board for discussion with an analysis of what sort of developments the administrative approvals would include.
9.
BOARD COMMENTS
Chairman Creyaufmiller asked the Board to watch the City Commission meeting from October 3, 2023, regarding the Olsen Residence Conditional Use on Surfside Drive that was tabled by the Planning Board. He said many of the same questions were asked and answered differently at the commission meeting. Chairman Creyaufmiller said the height of a home should not fall under the category of a Conditional Use because the use of the building is not being changed. He said the height increase should be a Variance and the ordinance should be looked at and amended particularly for the South Beach Overlay District.
Chairman Creyaufmiller said he would like to see the Board of Adjustment absorbed by the Planning Board since they are not bombarded by Variance requests and the Board of Adjustment members are scheduling their life around two meetings a year. Chairman Creyaufmiller asked if all ordinances are met, why do applications need to go to the City Commission. He suggested combining efforts of the Board of Adjustment into Planning Board and making the Planning Board Quasi Judicial for appropriate hearings.
Mr. Kreisl commented on the recently approved Olsen Residence on Surfside Drive. He said the city has no maximum limits on the sizes of lots, only minimum limits and the city is not involved in the Unity of Title process. Mr. Kreisl suggested the side yard setbacks are increased when two properties are combined into one lot, so there is control over the amount of green space. He said there needs to be a fair way to mitigate by applying lot line requirements to lot width and instead of a particular zone, have a scale for lot line requirements.
Mr. Kreisl stated the Future Land Use on the Mixed-Use application is terrifying. He said the code allows 15 dwelling units per acre, but they state they are going to build four (4) to six (6) units per acre. The road will be expanded to four (4) to six (6) units per acre and by the time the property is built or sold it could be 15 units per acre.
Chairman Creyaufmiller asked the Board to watch the City Commission meeting from October 3, 2023, regarding the Olsen Residence Conditional Use on Surfside Drive that was tabled by the Planning Board. He said many of the same questions were asked and answered differently at the commission meeting. Chairman Creyaufmiller said the height of a home should not fall under the category of a Conditional Use because the use of the building is not being changed. He said the height increase should be a Variance and the ordinance should be looked at and amended particularly for the South Beach Overlay District.
Chairman Creyaufmiller said he would like to see the Board of Adjustment absorbed by the Planning Board since they are not bombarded by Variance requests and the Board of Adjustment members are scheduling their life around two meetings a year. Chairman Creyaufmiller asked if all ordinances are met, why do applications need to go to the City Commission. He suggested combining efforts of the Board of Adjustment into Planning Board and making the Planning Board Quasi Judicial for appropriate hearings.
Mr. Kreisl commented on the recently approved Olsen Residence on Surfside Drive. He said the city has no maximum limits on the sizes of lots, only minimum limits and the city is not involved in the Unity of Title process. Mr. Kreisl suggested the side yard setbacks are increased when two properties are combined into one lot, so there is control over the amount of green space. He said there needs to be a fair way to mitigate by applying lot line requirements to lot width and instead of a particular zone, have a scale for lot line requirements.
Mr. Kreisl stated the Future Land Use on the Mixed-Use application is terrifying. He said the code allows 15 dwelling units per acre, but they state they are going to build four (4) to six (6) units per acre. The road will be expanded to four (4) to six (6) units per acre and by the time the property is built or sold it could be 15 units per acre.
10.
ADJOURNMENT