- Present:
- Commissioner Michael Broderick; Commissioner Arnold Gaines; Commissioner Curtis Johnson, Jr.; Mayor Linda Hudson; Commissioner James Taylor
- Staff Present:
-
- City Manager Richard Chess
- City Attorney Sara Hedges
- Records Management Coordinator Tina Rel
Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner James Taylor to approve the minutes of the May 05, 2025 Regular Meeting.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Mayor Linda Hudson, Commissioner James Taylor
Passed
Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Michael Broderick to approve the agenda with the removal of item 11c at staff's request.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Mayor Linda Hudson, Commissioner James Taylor
Passed
Any person who wishes to comment on an agenda item which is not under Public Hearings on the Agenda may be heard at this time and must sign up to speak in advance. Please limit your comments to three (3) minutes or less, as directed by the Mayor, as this section of the Agenda is limited to thirty minutes. The City Commission will not be able to take any official actions under Comments from the Public. Speakers will address the Mayor, Commissioners, and the Public with respect. Inappropriate language will not be tolerated.
The Commission commented on promoting local parks and facilities, inquired on vendor participation and registration, the Christmas parade, board meetings, and thanked the staff for all their hard work.
Ms. Cavalcanti commented on the application and registration process, closed board meetings, the challenges of working with limited staffing, and fundraising.
Motion was made by Commissioner Michael Broderick, seconded by Commissioner Curtis Johnson, Jr. to approve items 11d-11f of the Consent Agenda.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Mayor Linda Hudson, Commissioner James Taylor
Passed
Commissioner Broderick inquired on what the funds are being spent on, how the vendor was selected and if this is the best direction to move in.
Shyanne Harnage, Community and Economic Development Director, explained the process for vendor and selection, and the comprehensive development of the building and adjacent parcels.
The Commission commented on the redevelopment of the property for its best use with the recommendation for a family-friendly revenue generator, if the funds are allocated from the FPRA, the purpose of the authorization for planning, historical value and funding necessary for maintenance.
Motion was made by Commissioner Michael Broderick, seconded by Commissioner Curtis Johnson, Jr. to approve item 11a of the Consent Agenda.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Mayor Linda Hudson, Commissioner James Taylor
Passed
Commissioner Broderick expressed his concerns about the scope of this project and who is managing the project.
Ms. Moore commented that a meeting has been scheduled with the artist and consideration has been given to when the benches will be placed.
Motion was made by Commissioner Michael Broderick, seconded by Commissioner James Taylor to approve item 11b of the Consent Agenda.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Mayor Linda Hudson, Commissioner James Taylor
Passed
Quasi-Judicial Hearings follow a strict set of rules and procedures which can be found on the City’s website using this link: https://www.cityoffortpierce.com/DocumentCenter/View/6740/Quasi-Judicial-Procedures. All Quasi-Judicial decisions by the City Commission must be based on competency substantial evidence. Competent substantial evidence is evidence which will establish a substantial basis from which the fact at issue can reasonably be inferred. It includes fact or opinion evidence offered by an expert on a matter that requires specialized knowledge and that is relevant to the issues to be decided. It is evidence a reasonable mind could accept as having probative weight and adequate to support a legal conclusion. Hypothetical, speculative, fear or emotion based generalized statements that do not address the relevant issues and that cannot be reasonably said to support the action advocated, are not competent substantial evidence.
Sara Hedges, City Attorney, reviewed the quasi-judicial hearing rules and procedures.
Mayor Linda Hudson called the proceeding to order.
Records Management Coordinator, Tina Rel confirmed that the City complied with the advertisement and notice requirements.
Mayor Linda Hudson inquired with the Commission regarding ex-parte communications.
Commissioner Broderick - Yes (Developer and representatives)
Commissioner Gaines – Yes (Developer)
Commissioner Johnson – Yes (Developer)
Commissioner Taylor – Yes (Developer)
Mayor Hudson – No
Records Management Coordinator, Tina Rel, swore in those wanting to speak during the Quasi-Judicial hearing and introduced the Ordinance, read by title only, into the record.
ORDINANCE NO. 25-014
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; AMENDING THE CITY’S ZONING ATLAS AND REZONING ONE (1) PARCEL GENERALLY LOCATED AT OR NEAR 1038 SOUTH 37TH STREET, CONTAINING APPROXIMATELY 5.28 ACRES OF LAND, MORE OR LESS, FROM RESIDENTIAL SINGLE FAMILY (E-3) TO PLANNED DEVELOPMENT (PD); APPROVING A MASTER PD SITE PLAN; APPROVING A PLANNED DEVELOPMENT ZONING AGREEMENT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THEREOF IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
Staff Presentation:
Kevin Freeman, Planning Director, presented the review and approval of a zoning map amendment for Prado Place at1038 S. 37th Street.
RECOMMENDATION:
Staff’s recommendation is for the City Commission to APPROVE the Master Planned Development and Site Plan subject to the 14 Conditions as noted.
Conditions
1.A Final PD shall be required prior to any development activities associated with the Master Site Plan by Art of Engineering, project number 2023-057, dated 2024.09.26.
2.The Final PD plan shall conform to the requirements of the City Code of Ordinances and be subject to the general standards for approval of Planned Development Zoning.
3.The Final PD site plan submittal shall include a wetland jurisdictional survey.
4.Prior to submittal of Final PD site plan, a Gopher Tortoise Survey shall be carried out on site.
5.A detailed stormwater and drainage plan and statement shall be submitted at the time of Final PD site plan application.
6.The Final PD site plan shall be in unified control and property ownership. All land intended to be included in the planned development shall be under the legal control of the applicant.
7.The Final PD site plan shall include a general description of the buildings and streetscapes including standards for height, building coverage, parking areas, and public improvements proposed for the development.
8.The Final PD site plan shall include quantitative data for the parcel sizes; proposed lot coverage of buildings and structures; total amount of open space.
9.The Final PD site plan shall include all agreements, provisions and covenants which govern the use, maintenance, and continued protection of the planned development and any of its common open space or other shared areas. This material shall include material which binds successors in title to any commitments concerning completion of the project and its maintenance and operation.
10. The Final PD site plan shall contain the following information, at minimum:
a.A Landscape and irrigation plan per section 125-314. c. of the City Ordinance.
b.Proposed lot lines and other divisions of land for management, use or allocation purposes.
c.The location, size and height of present and proposed buildings and structures.
d.The existing and proposed vehicular circulation system, including off-street parking, and loading areas.
e.The pedestrian circulation system, including its interrelationships with the vehicular circulation system, within the development to adjacent streets, showing all curb cuts and sidewalks along 37th ST
f.The existing and proposed utility systems, including sanitary sewers, storm sewers and water, electric and gas lines.
11. Any required sidewalk or roadway improvements to S 37th ST shall be identified through the Final PD site plan process.
12.The property shall be platted prior to any vertical construction activities.
13.All other applicable state or federal permits be obtained before commencement of the development.
14.The issuance of a development permit or development order by a municipality does not create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Fort Pierce for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law.
The Commission inquired on the density bonus and transit stops, lot cover ratio analysis, stormwater mitigation, requested clarification on the conditions, the County's road requirements and review, solid waste requirements, and school stops.
Mr. Freeman expounded on the density bonus and how it qualifies, lot cover ratio, stormwater requirements, policy based on the comprehensive plan, the County's request or require for improvements to 37th Street, and the final development plan must include solid waste requirements and school bus stops.
Applicant Questions of Staff:
Franco Prado, applicant, had no questions for staff.
Intervenor Questions of Staff:
Jeremiah Johnson inquired of Mr. Freeman the density bonus value calculations, the specifics of the PD zoning district as referenced in 125-212, the protections that are in place, and County and City standards for the roads.
Mr. Freeman commented on the zoning and density bonus calculations, specifically that during plan development it is rezoned to future land use of low density, a full analysis has not been completed on the PD which allows the applicant to enter what will be preserved, full analysis of protections takes place in the final plan development stage, and that he is aware of the substandard roads.
Applicant Presentation:
Mr. Prado addressed the questions posed concerning roads, as they are prepared to comply with County road standards, land use, access easement and gas infrastructure on Meadow Lane.
Commission Questions of the Applicant:
Commissioner Johnson inquired on the utilities access to Meadow Lane,
Mr. Prado located on Google Maps the utilities access on Meadow Lane and commented on the FPUA easement.
Staff Questions of the Applicant:
Mr. Freeman inquired on the commitment to add pedestrian access to Meadow Lane.
Mr. Prado commented that he would like to do that.
Intervenor Questions of the Applicant:
Mr. Johnson inquired of Mr. Prado about the size of the units, price point, character preservation, natural feature preservation, public infrastructure improvements, and mixed-use elements.
Mr. Prado commented on the unit's size, price point, character preservation, that it was a vacant lot and that a tree survey would be completed, and road improvements to be identified during the final site plan.
Intervenor Presentation:
Mr. Johnson presented chapter 125 of the City code, rezoning, road improvements, the possible violation of the density bonus, and affordable housing.
Commission Questions of the Intervenor:
The Commission inquired on recommendations for the property, following through with the conditions, residence recommendation on road improvements and character.
Staff Questions of the Intervenor:
Mr. Freeman inquired on the visualization for the property.
Mr. Johnson commented that he is looking for consistency in the current area.
Applicant Questions of the Intervenor:
The applicant had no questions.
Mayor Hudson opened the public hearing.
Debbie Stanley
Roy Johnson
Dillon O'Berry
Tiffany Colbert
Ronna Perry
Lewis Odosko
Nancy Hernandez
Sherry Mooney
Donald Mooney
Kelly Ridle
Kelly Johnson
Mayor Hudson closed the public hearing.
Applicant Final Comments:
Mr. Prado thanked the Staff and the Commission and provided his intention to provide housing.
Intervenor Final Comments:
Mr. Johnson provided his thoughts on the safety and welfare of the City and referenced section 125.
Staff Final Comments:
Mr. Freeman had no comments.
Commission Discussion:
The Commission discussed code, creative elements, City resources, what is allowable in City code and the application of it.
Motion was made by Commissioner James Taylor, seconded by Commissioner Michael Broderick to deny Ordinance No. 25-014 as it 1) Violates a logical development pattern. 2) Is inconsistent with the surrounding zoning classifications. 3) Is incompatible with the neighborhood and surrounding properties.
- AYE:
- Commissioner Michael Broderick, Mayor Linda Hudson, Commissioner James Taylor
- NAY:
- Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr.
Passed
Records Management Coordinator, Tina Rel confirmed that the City complied with the advertisement and notice requirements.
Mayor Linda Hudson inquired with the Commission regarding ex-parte communications.
Commissioner Broderick - No
Commissioner Gaines – No
Commissioner Johnson – No
Commissioner Taylor – No
Mayor Hudson –No
Records Coordinator, Tina Rel, swore in those wanting to speak during the Quasi-Judicial hearing.
Staff Presentation:
Kerry Driver, Senior Planner, presented the Review and approval of an application for a Conditional Use with New Construction near Crossroads Parkway and Andrews Avenue.
| RECOMMENDATION: | |||||
| At the April 14, 2025, Planning Board meeting, the board voted unanimously to approve the innovative site plan with the six (6) conditions: 1. Prior to the issuance of any site clearing permits, the applicant shall provide a Tree Mitigation Survey and coordinate with the City of Fort Pierce Arborist for the required mitigation of the City's regulated trees proposed to be removed as a result of its site development/construction activity 2. Prior to issuance of final certificate of occupancy, a Landscape Maintenance Agreement shall be approved and shall acknowledge the following: a. All approved landscaping shall be installed, irrigated, and maintained in perpetuity in accordance with section 123-7 of the City Code of Ordinances, in order that it continues to present a healthy, neat, and orderly appearance free of refuse and debris, in conformity with the following requirements: i. Vegetation required by this article shall be replaced with equivalent or better vegetation if it is not living. All trees for which credit is awarded, and which subsequently die shall be replaced by the same or greater number of living trees according to the standards established in this article. ii. Maintenance shall include sufficient weeding, watering, fertilizing, pruning, mowing, edging, mulching and other horticultural practices to ensure that the landscaping continues to maintain a healthy, neat, and orderly appearance. 3. A South Florida Water Management District (SFWMD) ERP shall be required prior to the DPCR approval 4. An approved Saint Lucie County Development Permit shall be required prior to DPCR approval 5. The Environmental Assessment Report denotes unresolved environmental conditions that may require further testing and action. An updated environmental review shall be required at the time of DPCR. 6. An address request form shall be submitted to the Planning Department prior to applying for a building permit Staff’s recommendation is for City Commission to APPROVE the conditional use with new construction application with the six conditions previously listed |
Commission Questions of the Staff:
Commissioner Broderick inquired as to what triggered the conditional use.
Mr. Driver explained that the conditional use is triggered by the zoning table for change of use.
Applicant Questions of Staff:
Leo Giagrande, Principle GEP, had no questions for staff.
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
Motion was made by Commissioner Arnold Gaines, seconded by Commissioner Curtis Johnson, Jr. to approve the application for conditional use.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Mayor Linda Hudson, Commissioner James Taylor
Passed
Records Coordinator, Tina Rel confirmed that the City complied with the advertisement and notice requirements.
Mayor Linda Hudson inquired with the Commission regarding ex-parte communications.
Commissioner Broderick -No
Commissioner Gaines – No
Commissioner Johnson – No
Commissioner Taylor – No
Mayor Hudson – No
Records Coordinator, Tina Rel, swore in those wanting to speak during the Quasi-Judicial hearing and introduced the Ordinance, read by title only, into the record.
Staff Presentation:
Kerry Driver, Senior Planner, presented the review and approval for an innovative site plan application at 4101 Oleander Avenue.
RECOMMENDATION:
At the April 14, 2025, Planning Board meeting, the board voted unanimously to approve the innovative site plan with the seven (7) conditions:
1. Prior to issuance of final certificate of occupancy, a Landscape Maintenance Agreement shall be approved and shall acknowledge the following:
a.All approved landscaping shall be installed, irrigated, and maintained in perpetuity in accordance with section 123-7 of the City Code of Ordinances, in order that it continues to present a healthy, neat, and orderly appearance free of refuse and debris, in conformity with the following requirements:
i.Vegetation required by this article shall be replaced with equivalent or better vegetation if it is not living. All trees for which credit is awarded, and which subsequently die shall be replaced by the same or greater number of living trees according to the standards established in this article.
ii.Maintenance shall include sufficient weeding, watering, fertilizing, pruning, mowing, edging, mulching and other horticultural practices to ensure that the landscaping continues to maintain a healthy, neat, and orderly appearance.
2. An updated Environmental Assessment shall be required
3. The project shall have a Florida Fish and Wildlife Conservation Commission (FFWCC) Gopher Tortoise Permit in place prior to conducting any land clearing operations as the submitted Environmental Assessment indicates that gopher tortoises are present on the site.
4. Prior to development, SFWMD should be contacted for an Environmental Resource Permit is required.
5. Prior to the issuance of any site clearing permits, the applicant shall provide a Tree Mitigation Survey and coordinate with the City of Fort Pierce Arborist for the required mitigation of the City's regulated trees proposed to be removed as a result of its site development/construction activity.
6. A 6-foot sidewalk is required along Oleander Ave.
7. A Site Development Permit is required prior to performing site improvement activities
Staff's recommendation is for City Commission to APPROVE the innovative site plan with the seven (7) conditions.
Commission Questions of Staff:
The Commission inquired on what defines innovative design, height restriction, zoning and density.
Ms. Driver provided the requirements for the innovative design.
Mr. Freeman commented on the retention of the mature trees and a bio-swell drainage system as an innovative design, the project complies with current zoning height, zoning and future land use variations.
Applicant Questions of Staff:
Rebecca Grohall, MBV, had no questions of staff but thanked them for their assistance in maneuvering the new application process.
Questions of the Applicant:
Commissioner Broderick inquired how far back the structure sits from Oleander Road, and what is north of the proposed project,
Ms. Grohall provided the requested information and properties adjacent to the proposed property.
Mayor Hudson opened the public hearing.
Jean Woodard
Ronna Perry
Mayor Hudson closed the public hearing.
Ms. Grohall addressed the questions posed during the public hearing.
Commission Discussion:
The Commission discussed the compatibility concerns as a four-story structure, and the innovative nature of the proposed project.
Commissioner Taylor commented on the exclusion of the sidewalk.
Mr. Freeman commented on the sidewalk and payment in lieu. This has been Staff's position.
Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Arnold Gaines to approve the innovative site plan application with seven conditions.
- AYE:
- Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Mayor Linda Hudson
- NAY:
- Commissioner Michael Broderick, Commissioner James Taylor
Passed
Records Coordinator, Tina Rel confirmed that the City complied with the advertisement and notice requirements.
Mayor Linda Hudson inquired with the Commission regarding ex-parte communications.
Commissioner Broderick - No
Commissioner Gaines – No
Commissioner Johnson – No
Commissioner Taylor – No
Mayor Hudson – No
Records Coordinator, Tina Rel, swore in those wanting to speak during the Quasi-Judicial hearing and introduced the Ordinance, read by title only, into the record.
Staff Presentation:
Kevin Freeman, Planning Director, presented the review and approval of a major site plan for a project known as The District located south of Okeechobee Road and west of McNeil Road.
RECOMMENDATION:
Staff recommends that the City Commission APPROVE the site plan subject to the seven (7) Conditions as noted:
Recommended Conditions of Approval
- A Unity of Title with the St. Lucie County Clerk of Courts and a Parcel Combination with the St. Lucie County Property Appraiser shall be undertaken before the issuance of a Building Permit.
- A General Address Request for the newly created Parcel ID shall be submitted to the Planning Department after completion of the Unity of Title and lot combination.
- A completion certification by a landscape architect and landscape maintenance agreement shall be submitted and approved by the Planning Department prior to final certificate of occupancy.
- All signage shall require a sign permit.
- All other applicable state or federal permits shall be obtained before commencement of the development.
- Prior to commencement of work on site, the applicant shall confirm with the City’s arborist that the required vegetation removal permit and all tree mitigation has been satisfied.
- A Sediment and Erosion Control Plan (including areas of sensitive habitat) shall be submitted and approved by the City Engineer prior to any land clearing activity.
None
Applicant Questions of Staff:
David Baggeett, Haley Ward, had no questions of staff.
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
Commission Discussion:
Commissioner Broderick commented on the need for this type of product in the City.
Motion was made by Commissioner Michael Broderick, seconded by Commissioner James Taylor to approve the major site plan with seven conditions.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Mayor Linda Hudson, Commissioner James Taylor
Passed
Records Coordinator, Tina Rel confirmed that the City complied with the advertisement and notice requirements.
Mayor Linda Hudson inquired with the Commission regarding ex-parte communications.
Commissioner Broderick -Yes (Developer representatives)
Commissioner Gaines – Yes (Developer)
Commissioner Johnson – Yes (Developer)
Commissioner Taylor – Yes (Developer)
Mayor Hudson – No
Records Coordinator, Tina Rel, swore in those wanting to speak during the Quasi-Judicial hearing.
Staff Presentation:
Kevin Freeman, Planning Director, presented the Final Plat for Phase 1 of the Savannah Preserve PD. Located on or near the East Side of S US Highway 1 at the intersection of Dickson Drive
RECOMMENDATION:
The proposed Final Plat application adheres to the requirements of the City Land Development Code and the guidelines of the City’s Comprehensive Plan. Therefore, Staff recommends that the City Commission APPROVE the Final Plat subject to the two (2) conditions:
- The applicant will supply two (2) Mylars for appropriate signatures prior to the plat being recorded with the St. Lucie County Clerk of Courts in accordance with Florida State Statute 177.111.
- Prior to endorsement of the Mylars by the City’s reviewing Surveyor, a bond in the amount of the agreed opinion of probable cost is confirmed recieved by City Engineer.
Commissioner Taylor inquired as to the reason for a public hearing on a final plat.
Mr. Freeman commented that the State has amended the plat statute and this will now be an administrative review in the future.
Applicant Questions of Staff:
Robert Raynes, Gunster Law Firm, inquired on the memo within the presentation.
Commission Questions of the Applicant:
John Syful, Brookfield Cultural Land Partners, addressed the neighborhood concerns posed by Commissioner Broderick.
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
Motion was made by Commissioner Michael Broderick, seconded by Mayor Linda Hudson to approve the final plat with two conditions.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Mayor Linda Hudson, Commissioner James Taylor
Passed
Any person who wishes to comment on any subject may be heard at this time. Please limit your comments to three (3) minutes or less, as directed by the Mayor, as this section of the Agenda is limited to thirty minutes. The City Commission will not be able to take any official actions under Comments from the Public. Speakers will address the Mayor, Commissioners, and the Public with respect. Inappropriate language will not be tolerated.
Commissioner Gaines commented on recent legislature that will affect the City.
Immediately following adjournment, please move toward the doors and exit the chambers. This allows for the safe and courteous exit of all persons, and those on the dais. Conversations after the meeting should be held outside of chambers, in the foyer or elsewhere, but not in the commission chambers where lights will be out as soon as the chambers are empty.
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CITY CLERK
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MAYOR COMMISSIONER
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