Planning Board Minutes
OF THE REGULAR MEETING OF THE FORT PIERCE CITY PLANNING BOARD HELD ON TUESDAY, FEBRUARY 9, 2016, 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:
- Frank Creyaufmiller; John George; Brian Paul; Marcia Baker; Steve Weaver; Robert Poitier; Charles Hayek; Eloise Cumings; Tim O'Connell; Bob Burdge, Chairman
- Absent:
- Mike Dahan
- Staff Present:
-
- James Walker, Assistant City Attorney
- Rebecca Grohall, AICP, Planning Director
- Kori Benton, Senior Planner
- Clarissa Davis, Planner
- Alicia Rosenthal, Administrative Assistant
4.
CONSIDERATION OF ABSENCES
Motion was made by Steve Weaver, and seconded by John George to excuse the absence of Mr. Dayhan.
- AYE:
- Marcia Baker, Steve Weaver, Robert Poitier, Charles Hayek, Eloise Cumings, Tim O'Connell, Frank Creyaufmiller, John George, Brian Paul, Chairman Bob Burdge
Passed
5.
CERTIFICATION OF ALTERNATE MEMBER VOTING STATUS
Mr. Creyaufmiller was made an active member for the meeting.
Mr. Creyaufmiller was made an active member for the meeting.
6.
APPROVAL OF MINUTES
a.
Minutes from the January 12, 2016 Meeting
Motion was made by John George, and seconded by Charles Hayek to approve the minutes from the January 12, 2016 meeting with the change to item 7A to read "Both Mr. Paul and Mr. Weaver recused themselves."
- AYE:
- Charles Hayek, Eloise Cumings, Tim O'Connell, Frank Creyaufmiller, John George, Brian Paul, Marcia Baker, Steve Weaver, Robert Poitier, Chairman Bob Burdge
Passed
b.
Minutes from the January 26, 2016 Special Meeting
Motion was made by John George, and seconded by Charles Hayek to approve the minutes from the January 26, 2016 Special Planning Board meeting.
- AYE:
- Eloise Cumings, Tim O'Connell, Frank Creyaufmiller, John George, Brian Paul, Marcia Baker, Steve Weaver, Robert Poitier, Charles Hayek, Chairman Bob Burdge
Passed
7.
NEW BUSINESS
a.
Annexation - 3255 S US Hwy 1
Ms. Davis gave an overview of the Annexation application. David Cleveland, Applicant Representative, made himself available for questions.
Ms. Davis gave an overview of the Annexation application. David Cleveland, Applicant Representative, made himself available for questions.
Motion was made by Marcia Baker, and seconded by John George to forward a recommendation of approval to the City Commission to annex the parcels into Fort Pierce City Limits as it furthers the goals, objectives and policies of the Comprehensive Plan.
- AYE:
- John George, Brian Paul, Marcia Baker, Steve Weaver, Robert Poitier, Charles Hayek, Eloise Cumings, Tim O'Connell, Frank Creyaufmiller, Chairman Bob Burdge
Passed
b.
Zoning Text Amendment - Sec. 22-22 and 22-89 - Dwelling Rentals
Mr. Benton gave an overview of the proposal.
Ms. Baker expressed concerns about the law of unintended consequence and the right of preemption. She stated the new regulations include certain homeowner association restrictions, which are more onerous than what is in existence. Ms. Baker pointed out that dwelling rental Conditional Use applications that have been turned down in the past can legally come back because there property rights were violated and preferential treatment was given to another class of property owners. She stated this would cause the decision to be reversed and lots of litigation.
Mr. Walker stated the questions have not been expressed to the legal department and he thanked Ms. Baker for her astute observations. Mr. Walker mentioned it would not be out of order for the Board to table this matter so a report could be presented at the next meeting.
Mr. Benton stated the discussion points that Ms. Baker presented certainly garner the need for more information. He also stated the same parameters were presented at the December Conference Agenda meeting in which the City Attorney was present and he expressed no specific concerns.
Mr. Weaver stated that long before this item gets to the City Commission the City Attorney will have the ability to review the observations, therefore the ordinance can keep rolling.
Chairman Burdge asked Mr. Walker if a public meeting was needed. Mr. Walker stated if the Board feels it has insufficient information it may move to immediately table the item. If the Board wishes to proceed forward, it would be in order to call for comment from the floor.
After the motion was made, Mr. Weaver suggested staff consider incorporating C-5 as a Conditional Use for the dwelling rentals. Mr. Weaver stated Coral Apartments, Sea Tern and La Entrada Del Mar are currently dwelling rentals and are clearly a more suitable area then where shorter term rentals are being expanded.
Mr. Benton gave an overview of the proposal.
Ms. Baker expressed concerns about the law of unintended consequence and the right of preemption. She stated the new regulations include certain homeowner association restrictions, which are more onerous than what is in existence. Ms. Baker pointed out that dwelling rental Conditional Use applications that have been turned down in the past can legally come back because there property rights were violated and preferential treatment was given to another class of property owners. She stated this would cause the decision to be reversed and lots of litigation.
Mr. Walker stated the questions have not been expressed to the legal department and he thanked Ms. Baker for her astute observations. Mr. Walker mentioned it would not be out of order for the Board to table this matter so a report could be presented at the next meeting.
Mr. Benton stated the discussion points that Ms. Baker presented certainly garner the need for more information. He also stated the same parameters were presented at the December Conference Agenda meeting in which the City Attorney was present and he expressed no specific concerns.
Mr. Weaver stated that long before this item gets to the City Commission the City Attorney will have the ability to review the observations, therefore the ordinance can keep rolling.
Chairman Burdge asked Mr. Walker if a public meeting was needed. Mr. Walker stated if the Board feels it has insufficient information it may move to immediately table the item. If the Board wishes to proceed forward, it would be in order to call for comment from the floor.
After the motion was made, Mr. Weaver suggested staff consider incorporating C-5 as a Conditional Use for the dwelling rentals. Mr. Weaver stated Coral Apartments, Sea Tern and La Entrada Del Mar are currently dwelling rentals and are clearly a more suitable area then where shorter term rentals are being expanded.
Motion was made by Marcia Baker, and seconded by Frank Creyaufmiller to table the Dwelling Rentals proposed Zoning Text Amendment and get legal advice from the City of Fort Pierce and the Florida League of Cities.
- AYE:
- Steve Weaver, Robert Poitier, Charles Hayek, Eloise Cumings, Tim O'Connell, Frank Creyaufmiller, John George, Brian Paul, Marcia Baker, Chairman Bob Burdge
Passed
c.
Zoning Atlas Amendment, Planned Development Plan and Preliminary Plat - Village at Midway - 9850 Midway Road
Ms. Davis gave an overview of the application and answered Ms. Baker's question regarding mining on another piece of property.
Lee Dobbins, Applicant Representative from Dean Meade Law Firm, gave a presentation on the master plan project with multiple uses and answered questions from the Board. Susan O'Rourke, Traffic Engineer, answered questions from the Board.
Tammy Everly, resident located on the NW corner of the project at 9701 Muller Road, expressed privacy, safety, environmental and liability concerns. Ms. Everly explained there is no buffer zone surrounding the project and the walkway around the preserve area is going completely around her property.
Ms. Davis explained the industrial area is located on the south side of the property and industrial uses can provide 8 foot walls of buffer material. Ms. Davis also stated the landscape requirement for the PD document and the City of Ft. Pierce which will create a buffer. Ms Davis said the applicant is unclear on whether the walkway will be going around the preserve area and this can be changed at the time of development.
Mr. Dobbins explained part of Ms.Everly's property is next to the conservation area and depending on the use, buffering can be addressed for anything that gets built in the corner by her house.
Ms. Davis gave an overview of the application and answered Ms. Baker's question regarding mining on another piece of property.
Lee Dobbins, Applicant Representative from Dean Meade Law Firm, gave a presentation on the master plan project with multiple uses and answered questions from the Board. Susan O'Rourke, Traffic Engineer, answered questions from the Board.
Tammy Everly, resident located on the NW corner of the project at 9701 Muller Road, expressed privacy, safety, environmental and liability concerns. Ms. Everly explained there is no buffer zone surrounding the project and the walkway around the preserve area is going completely around her property.
Ms. Davis explained the industrial area is located on the south side of the property and industrial uses can provide 8 foot walls of buffer material. Ms. Davis also stated the landscape requirement for the PD document and the City of Ft. Pierce which will create a buffer. Ms Davis said the applicant is unclear on whether the walkway will be going around the preserve area and this can be changed at the time of development.
Mr. Dobbins explained part of Ms.Everly's property is next to the conservation area and depending on the use, buffering can be addressed for anything that gets built in the corner by her house.
Motion was made by John George, and seconded by Marcia Baker to forward a recommendation of approval to the City Commission to approve the Zoning Atlas Amendment and Planned Development Plan with the following conditions:
- Signed Proportionate Fair Share Agreement with SLC is provided; A right-of-way dedication of 42 ½ feet and 6 feet of sidewalk dedication or provide payment in-lieu of.
- A traffic statement is submitted with each Site Plan application.
- If Arterial A (also known as Access Tract A) is on the County’s Thoroughfare Network Right-of-Way Protection Plan at the time of final plat approval of the first plat within the Villages at Midway which includes a segment of Arterial A, then the land owner shall dedicate to the County any additional right-of-way which is needed to make Arterial A the width required by the County’s Thoroughfare Network Right-of-Way Protection Plan, but only if:
(a) the total right-of-way for Arterial A shall not exceed a width of 160 feet; and
(b) the County enters into an agreement with the land owner, that the land owner shall receive compensation from the County for the right-of-way dedication, which may be in the form of cash or impact fee credits, and that the County shall accept the dedication of Arterial A and shall maintain Arterial A as a County Road.
- AYE:
- Frank Creyaufmiller, John George, Brian Paul, Marcia Baker, Steve Weaver, Robert Poitier, Charles Hayek, Eloise Cumings, Tim O'Connell, Chairman Bob Burdge
Passed
d.
Conditional Use - Dwelling Rental - 1144 S Ocean Drive
Mr. Weaver recused himself from the item.
Mr. Benton gave an overview of the application and answered questions from the Board. Mr. Benton explained he received a letter from a property owner located two properties to the south who had buffering concerns. Mr. Benton stated city staff would encourage the Board to consider an additional condition of a 6 foot tall fence, wall or landscape buffer from this property to abutting residential uses based upon the limited commercial use.
Ms. Baker suggested in addition to the conditions that the turtle safe lighting regulations be included in the rental agreement or guidebook.
Bill Piant, Resident of Mariner Bay, commented on setting a precedence with weekly rentals at apartment complexes.
Carol Mushier, President of South Beach Association, feels the application for Conditional Use could be appropriate if the surrounding neighborhood agrees and that different neighborhoods in the R4 zone may have different rental periods, therefore, approval of this application does not set a precedence.
Mark Frederick, General Manager of Landmark Real Estate Solutions, provided additional information on the project and answered questions from the Board.
Mr. Weaver recused himself from the item.
Mr. Benton gave an overview of the application and answered questions from the Board. Mr. Benton explained he received a letter from a property owner located two properties to the south who had buffering concerns. Mr. Benton stated city staff would encourage the Board to consider an additional condition of a 6 foot tall fence, wall or landscape buffer from this property to abutting residential uses based upon the limited commercial use.
Ms. Baker suggested in addition to the conditions that the turtle safe lighting regulations be included in the rental agreement or guidebook.
Bill Piant, Resident of Mariner Bay, commented on setting a precedence with weekly rentals at apartment complexes.
Carol Mushier, President of South Beach Association, feels the application for Conditional Use could be appropriate if the surrounding neighborhood agrees and that different neighborhoods in the R4 zone may have different rental periods, therefore, approval of this application does not set a precedence.
Mark Frederick, General Manager of Landmark Real Estate Solutions, provided additional information on the project and answered questions from the Board.
Motion was made by Marcia Baker, and seconded by John George to forward a recommendation of approval to the City Commission with the following conditions:
- Maximum occupancy of each unit by one (1) family, or four (4) guests based upon City Code Section 8.5-43. - Required space in dwelling units, and the size of each unit;
- Limitation of two passenger vehicles per unit;
- Registration of a property manager accessible at all times, to resolve complaints or violations of City Code;
- Issuance of guide booklets for renters regarding local rules and public service resources to minimize conflicts;
- Installation of a sidewalk connection from the building entrance to the S. Ocean Drive Sidewalk;
- Installation of a bicycle rack for guests;
- Implementation of 3 additional vehicular parking spaces, including a handicap parking space;
- Infill of landscaping in compliance with City Code; and
- The applicant files for and obtains St. Lucie County & City of Fort Pierce Business Tax Licenses within fourteen (14) days of Conditional Use approval.
- Install a 6 foot tall fence, wall or landscape buffer from this property to abutting residential uses;
- Integrate turtle nest lighting guidelines into the guide booklet.
- AYE:
- Marcia Baker, Robert Poitier, Charles Hayek, Eloise Cumings, Tim O'Connell, Frank Creyaufmiller, John George, Brian Paul, Chairman Bob Burdge
- Other:
- Steve Weaver (RECUSE)
Passed
e.
Conditional Use - Dwelling Rental - 1156 S Ocean Drive
Mr. Benton gave an overview of the application and answered questions from the Board. Mr. Walker pointed out the procedures for discussion.
Mr. Benton gave an overview of the application and answered questions from the Board. Mr. Walker pointed out the procedures for discussion.
Motion was made by Marcia Baker, and seconded by John George to forward a recommendation of approval to the City Commission with the following conditions:
- Maximum occupancy of each unit by one (1) family, or five (5) guests based upon City Code Section 8.5-43. - Required space in dwelling units, and the size of each unit;
- Limitation of two passenger vehicles per unit;
- Registration of a property manager accessible at all times, to resolve complaints or violations of City Code;
- Issuance of guide booklets for renters regarding local rules and public service resources to minimize conflicts;
- Installation of a sidewalk connection from the building entrance to the S. Ocean Drive Sidewalk;
- Installation of a bicycle rack for guests;
- Implementation of 3 additional vehicular parking spaces, including a handicap parking space;
- Infill of landscaping in compliance with City Code; and
- The applicant files for and obtains St. Lucie County & City of Fort Pierce Business Tax Licenses within fourteen (14) days of Conditional Use approval.
- Install a 6 foot tall fence, wall or landscape buffer from this property to abutting residential uses;
- Integrate turtle nest lighting guidelines into the guide booklet.
- AYE:
- Brian Paul, Marcia Baker, Robert Poitier, Charles Hayek, Eloise Cumings, Tim O'Connell, Frank Creyaufmiller, John George, Chairman Bob Burdge
- Other:
- Steve Weaver (RECUSE)
Passed
f.
Site Plan & Design Review - O’Reilly Auto Parts - 4760 S US Highway 1
Mr. Benton gave an overview of the application and answered questions from the Board about parking, limited delivery access and the right hand turn lane.
Ryan Gibbons, Applicant Representative from Cardno, explained that O'Reilly likes to locate their stores near auto dealerships so their projects tend to be a bit challenging due to infill development. Mr. Gibbons spoke about adding a condition to the approval which will show a plan sheet with the truck turn around.
Mr. Benton gave an overview of the application and answered questions from the Board about parking, limited delivery access and the right hand turn lane.
Ryan Gibbons, Applicant Representative from Cardno, explained that O'Reilly likes to locate their stores near auto dealerships so their projects tend to be a bit challenging due to infill development. Mr. Gibbons spoke about adding a condition to the approval which will show a plan sheet with the truck turn around.
Motion was made by Frank Creyaufmiller, and seconded by Robert Poitier to forward a recommendation to the City Commission for approval of the Site Plan, and corresponding Design Review request, with the conditions that the applicant provides a 5 ft. walkway to the future FDOT sidewalk when completed and the applicant includes the truck turn around changes on the drawings.
- AYE:
- Robert Poitier, Charles Hayek, Eloise Cumings, Tim O'Connell, Frank Creyaufmiller, John George, Brian Paul, Marcia Baker, Steve Weaver, Chairman Bob Burdge
Passed
8.
BOARD COMMENTS
The Board discussed the February reappointments. Ms. Grohall explained that Board members will continue to serve until they are replaced. She stated the terms are through the end of February and the reappointments are on the agenda for the February 16, 2016 meeting and the final action will occur at the March 7 meeting.
The Board discussed the February reappointments. Ms. Grohall explained that Board members will continue to serve until they are replaced. She stated the terms are through the end of February and the reappointments are on the agenda for the February 16, 2016 meeting and the final action will occur at the March 7 meeting.
9.
ADJOURNMENT