- Present:
- Mayor Linda Hudson; Commissioner Jeremiah Johnson; Commissioner Thomas Perona; Commissioner Reginald Sessions
- Absent:
- Commissioner Rufus Alexander
- Staff Present:
-
- City Attorney James Messer
- City Clerk Linda Cox
- City Manager Nicholas Mimms
Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Jeremiah Johnson to approve item 5 a.
- AYE:
- Mayor Linda Hudson, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
Award for 2018.
Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Jeremiah Johnson to approve agenda as presented.
- AYE:
- Mayor Linda Hudson, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve items 11 b, 11 d, 11 f, 11 g and 11 h.
- AYE:
- Mayor Linda Hudson, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
- Other:
- Commissioner Rufus Alexander (ABSENT)
Passed
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Jeremiah Johnson to approve item 11 a.
- AYE:
- Mayor Linda Hudson, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
- Other:
- Commissioner Rufus Alexander (ABSENT)
Passed
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve item 11 c in the amount of $374,000.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve item 11 e.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, AMENDING CHAPTER 9, ARTICLE II, BUSINESS TAX, SECTION 9-23 TO REMOVE THE COPY AND FILING REQUIREMENTS; AND SECTION 9-30, FEES, TO PROVIDE FOR A 5% INCREASE IN BUSINESS TAX FEES FOR BUSINESSES, PROFESSIONS, OR OCCUPATIONS; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Hudson opened the Public Hearing.
Seeing no one, the Mayor closed the Public Hearing.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Rufus Alexander to approve item 12 a.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
AN ORDINANCE AMENDING THE PROVISIONS OF FORT PIERCE CODE OF ORDINANCES CHAPTER 2, ARTICLE IV, SECTION 2-63, TO REVISE THE NUMBERING OF SAID SECTION, SEPARATE THE PURCHASING PROCEDURES OF SAID SECTION INTO A NEW SECTION NUMBERED 2-63.1, AND INCREASE THE PURCHASING THRESHOLD REQUIRING COMMISSION APPROVAL, AMENDING CHAPTER 2, ARTICLE IV, SECTIONS 2-63(c)(10) AND 2-65(c) TO INCREASE THE CITY MANAGER’S AMENDMENT THRESHOLD; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
Mayor Hudson opened the Public Hearing.
Seeing no one, the Mayor closed the Public Hearing.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve item 12 b.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; REZONING THE PROPERTIES GENERALLY LOCATED AT 411 N. 25th STREET, INCLUDING PARCELS 2408-507-0133-000-5 and 2408-507-0097-000-0, FROM R-3, SINGLE-FAMILY MODERATE DENSITY ZONE, TO C-3, GENERAL COMMERCIAL ZONE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THEREOF IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
Ms. Cox indicated this Quasi-Judicial Hearing was waived.
Vennis Gilmore, Planning Analyst, indicated his presentation included items12 c, 12d, and 12 e. It is an application for Zoning Atlas Amendment, Future Land Use Amendment and Development Review. The site is approximately 2.06 acres. The proposed zoning will be C-3 General Commercial Zoning. The Future Land Use proposed is GC, General Commercial. The applicant is seeking to develop a 5,610 sq. ft. church with 85 parking spaces, retention pond and driveway in abandonment area. All affected departments have reviewed the proposed Zoning Atlas Amendment, Future Land Use Amendment, & Development Review for Site Plan and Design Review with regards requirements of the City Code. Findings from the review by corresponding departments and any associated responses by the applicant are provided for viewing by the City Commission. Staff did not suggest imposing any conditions for items 12 c, 12 d, or 12 e.
Mayor Hudson opened the Public Hearing for items 12 c, 12 d, or 12 e.
The applicant, Abraham Chabab, presented himself to answer any questions.
Mike Menard with Architectonic Inc. also presented himself to answer any questions on the design.
Seeing no one else, the Mayor closed the Public Hearing for the aforementioned item numbers.
Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Rufus Alexander to approve item 12 c.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN TO CHANGE THE DESIGNATION OF PROPERTIES GENERALLY LOCATED AT 411 N. 25th STREET INCLUDING PARCELS 2408-507-0133-000-5 and 2408-507-0097-000-0, FROM LOW DENSITY RESIDENTIAL, RL, TO GENERAL COMMERCIAL, GC; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Rufus Alexander to approve item 12 d.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; REZONING FIVE (5) PARCELS GENERALLY LOCATED AT OR NEAR 2191 S. JENKINS ROAD FROM PD, PLANNED DEVELOPMENT, TO C-3, GENERAL COMMERCIAL; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Reginald Sessions to approve item 12 e.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; REZONING FIVE (5) PARCELS GENERALLY LOCATED AT OR NEAR 2191 S. JENKINS ROAD FROM PD, PLANNED DEVELOPMENT, TO C-3, GENERAL COMMERCIAL; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Before commencing this Quasi-Judicial Hearing, James Messer, City Attorney, reminded the Commission when acting as a Quasi-Judicial Body they apply the laws and policies established and are held to stricter procedural requirements, following basic standards established and are held to stricter procedural requirements, following basic standards of notice and due process based on substantial evidence. As such, they conduct these proceedings as judges instead of legislators.
Mr. Messer additionally confirmed that there are no party interveners in this matter. That means that the only other individuals that may be heard are people who might have relevant information and their comments are limited to three (3) minutes each. Members of the public may be permitted to present their non-expert opinions, but the Commission must know that public sentiment is not relevant to the decision which must be based on competent, substantial evidence.
City Clerk, Linda Cox, confirmed the City complied with advertisement and notice requirements.
Mayor Linda Hudson inquired with the Commission regarding ex-parte communications. No one from the City Commission had ex-parte communications.
City Clerk, Linda Cox, was asked to swear in those wanting to speak during this Quasi-Judicial hearing. Individuals in the audience intending to speak on this item were asked to stand, raise their right hand, and administered an oath to tell the truth, the whole truth and nothing but the truth. Those that were sworn in were asked to clearly state their name for the record and confirm they were sworn in at such time as they were asked to come forward to testify.
Brandon Creagan, Planning Analyst, indicated the current zoning designation for this site is PD-Planned Development and the applicant is seeking to rezone it to C3-General Commercial.
The following standards must be satisfied per Section 22-131 of the City Code prior to the approval of the requested amendment:
1. The amendment is consistent with the comprehensive plan;
2. The amendment will not have an adverse effect on the ability of the city to:
a. Satisfy land and water use needs; and
b. Meet transportation demands and provide community facilities and services; and
3. The amendment will promote and protect the public health, safety and general welfare.
The Planning Board voted unanimously to recommend approval of the request as presented.
Staff recommends that the City Commission approve the request as presented along with Ordinance 18-017.
Mayor Hudson opened the Public Hearing.
Brad Currie with Engineering Design & Construction, Inc. stated Camping World made an attempt to come to Fort Pierce several years ago, but the piece of property chosen was within the County’s jurisdiction. He added they’d conducted a neighborhood meeting in May 2018 and the feedback gathered was favorable. Camping World expects to hire approximately 80 people for this location.
Seeing no one else, the Mayor closed the Public Hearing.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve item 12 f.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN TO CHANGE THE DESIGNATION OF FIVE (5) PARCELS GENERALLY LOCATED AT OR NEAR 2191 SOUTH JENKINS ROAD, FROM LOW DENSITY RESIDENTIAL, RL, TO GENERAL COMMERCIAL, GC; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
Brandon Creagan, Planning Analyst, indicated the applicant is seeking to change the current FLU from RM, Medium Density Residential to GD, General Commercial. Staff confirmed that the standards contained in Section 22-131 of the City Code have been satisfied prior to the approval of the requested amendment.
The Planning Board voted unanimously to recommend the approval of the request as presented. Staff recommends that the City Commission approve the transmittal of the requested Comprehensive Plan Future Land Use Map Amendment to the Department of Economic Opportunity (DEO) for their review in accordance with large scale comprehensive plan amendment regulations.
Mayor Hudson opened the Public Hearing.
Brad Currie with Engineering Design & Construction, Inc. presented himself to answer any questions.
Seeing no one else, the Mayor closed the Public Hearing.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Rufus Alexander to approve item 12 g.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
City Attorney, James Messer, indicated it was not necessary to re-read the Quasi-Judicial Hearing verbiage as it’d been done earlier during this meeting.
City Clerk, Linda Cox, confirmed the City complied with advertisement and notice requirements.
Mayor Linda Hudson inquired with the Commission regarding ex-parte communications; all City Commissioners denied having ex-parte communications.
Brandon Creagan, Planning Analyst, indicated the applicant is seeking to rezone this property to C3-General Commercial. The applicant would like to conduct general vehicle repair as part of the proposed development. General vehicle repair is considered a conditional use in the C-3, General Commercial zoning district. General vehicle repair consists of, but is not limited to, vehicle painting and major engine work. The applicant would like to have the ability to service their inventory and customers’ vehicles like any automobile dealership. A new Site Plan was resubmitted to meet the concerns of the St. Lucie County School District regarding traffic.
The Planning Board voted unanimously to approve the request as presented. The requested Applications for Development Review, Design Review, & Conditional Use meet the requirements of the City Code and are found to be consistent with the City’s Comprehensive Plan pending the approval of the Zoning Atlas Map Amendment and the Future Land Use Map Amendment; therefore, Staff recommends that the City Commission approve the request with the following conditions:
- Coordinate with St. Lucie County for the installation of sidewalks along South Jenkins Road and either the installation or payment-in-lieu for sidewalks along Graham Road.
- Submit a tree protection and mitigation plan pursuant to City Code 22-194, Tree Protection and Mitigation prior to the 2nd readings of the Zoning Atlas Map Amendment and Future Land Use Map Amendment.
- Before a CO is issued, please provide a landscape bond for all proposed landscaping pursuant to City Code 22-180.
- A Unity of Title will be needed prior to the issuance of a Building Permit
- That both the Zoning Atlas Map Amendment and Future Land Use Map Amendment are approved by the City Commission.
Mayor Hudson opened the Public Hearing.
Brad Currie with Engineering Design & Construction, Inc., answered City Commission questions regarding signage, right of ways, traffic, etc.
Betty Frobell was sworn in and is against this project.
Richard McClure was in support of the project.
Marty Sanders with the School District, was in support of this project.
Keith Frobell was sworn in and is against this project.
Brad Currie came to speak again to assure the City Commission that a Traffic Study had indeed been conducted and it would be reviewed by St. Lucie County since it was their right-of-way.
Seeing no one else, the Mayor closed the Public Hearing.
Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Thomas Perona
to approve item 12 h with staff conditions.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; REZONING THE PROPERTY GENERALLY LOCATED AT 1101 N. US Highway 1, FROM C-2, NEIGHBORHOOD COMMERCIAL ZONE (CITY OF FORT PIERCE), TO C-3, GENERAL COMMERCIAL ZONE (CITY OF FORT PIERCE); PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THEREOF IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
City Attorney, James Messer, indicated it was not necessary to re-read the Quasi-Judicial Hearing verbiage as it’d been done earlier during this meeting, but he’d do so at the request of the applicant. The applicant did not request it.
City Clerk, Linda Cox, confirmed the City complied with advertisement and notice requirements.
Mayor Linda Hudson inquired with the Commission regarding ex-parte communications; all City Commissioners, with the exception of Commissioner Alexander, denied having ex-parte communications.
City Clerk, Linda Cox, was asked to swear in those wanting to speak during this Quasi-Judicial hearing. Individuals in the audience intending to speak on this item were asked to stand, raise their right hand, and administered an oath to tell the truth, the whole truth and nothing but the truth. Those that were sworn in were asked to clearly state their name for the record and confirm they were sworn in at such time as they were asked to come forward to testify.
Vennis Gilmore, Planning Analyst, indicated the applicant is looking to change the C2-Neighborhood Commercial Zone to C3-General Commercial Zone, but keep the current Future Land Use designation of GC, General Commercial. Staff confirmed that the standards contained in Section 22-131 of the City Code have been satisfied prior to the approval of the requested amendment.
All affected departments have reviewed the proposed Zoning Atlas Amendment with regards requirements of the City Code. Findings from the review by corresponding departments and any associated responses by the applicant are provided for viewing by the City Commission. The proposed amendment meets the criteria specified in Section 22-131 of the City Code and promotes and protects the public health, safety and general welfare; therefore staff recommends that the City Commission approve the proposed amendment.
Mayor Hudson opened the Public Hearing.
Sandy Cooper spoke in support.
Seeing no one else, the Mayor closed the Public Hearing.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Rufus Alexander to approve item 12 h.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; AMENDING THE REAR YARD SETBACK FOR LOTS 1 THROUGH 318 FOR THE SUBDIVISION KNOWN AS CELEBRATION POINTE AND RESTATING THE PLANNED DEVELOPMENT AS RECORDED IN PLAT BOOK 57 PAGES 7-14 AND PROPERTY GENERALLY LOCATED AT 5501 PETERSON ROAD AND SHOWN ON EXHIBIT A; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
City Attorney, James Messer, indicated it was not necessary to re-read the Quasi-Judicial Hearing verbiage as it’d been done earlier during this meeting, but he’d do so at the request of the applicant. The applicant did not request it.
City Clerk, Linda Cox, confirmed the City complied with advertisement and notice requirements.
Mayor Linda Hudson inquired with the Commission regarding ex-parte communications; all City Commissioners denied having ex-parte communications.
City Clerk, Linda Cox, was asked to swear in those wanting to speak during this Quasi-Judicial hearing. Individuals in the audience intending to speak on this item were asked to stand, raise their right hand, and administered an oath to tell the truth, the whole truth and nothing but the truth. Those that were sworn in were asked to clearly state their name for the record and confirm they were sworn in at such time as they were asked to come forward to testify.
Brendon Creagan, Planning Analyst, indicated this request is for a change to the rear-yard setback. The current setback is 15 feet and the applicant would like to change it to an 8-foot rear-yard setback. This will only affect lots 1 through 318. The Planning Board voted 6-1 to recommend approval of the request as presented. The requested Application for Development Review (Major Modification) meets the requirements of the City Code specifically section 22-40, Planned Development; therefore, staff recommends that the City Commission approve the request as presented along with Ordinance 18-020.
Mayor Hudson opened the Public Hearing.
Bill Barboro, spoke on behalf of the applicant and mentioned the request was being made to allow for a variety product of homes. Not all houses will be built to that setback. They’ve requested eight to allow for some adjustment. He indicated this was an already approved plan and this was just a modification.
Betty Forbell had concerns about the square footage on the three that they are proposing to change. Ms. Forbell also worried about lake encroachment.
While Mr. Barboro stated he did not have the square footage at hand, he would be happy to provide it. Additionally, he confirmed there would be no lake encroachment.
Seeing no one else, the Mayor closed the Public Hearing.
Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Rufus Alexander to approve item 12 j.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; ABANDONING A PORTION OF GEORGIA AVENUE (NOW KNOWN AS AVENUE C) RIGHT-OF-WAY, LYING BETWEEN NORTH 25TH STREET AND NORTH 26TH STREET; BEING 50.00 FEET WIDE (PER PLAT), OF THE FORT PIERCE HEIGHTS SUBDIVISION WITHIN THE CITY OF FORT PIERCE, FLORIDA; PROVIDING FOR A REPLACEMENT EASEMENT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THEREOF IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
City Attorney, James Messer, indicated it was not necessary to re-read the Quasi-Judicial Hearing verbiage as it’d been done earlier during this meeting, but he’d do so at the request of the applicant. The applicant did not request it.
City Clerk, Linda Cox, confirmed the City complied with advertisement and notice requirements.
Mayor Linda Hudson inquired with the Commission regarding ex-parte communications; all City Commissioners, with the exception of Commissioner Alexander, denied having ex-parte communications.
City Clerk, Linda Cox, was asked to swear in those wanting to speak during this Quasi-Judicial hearing. Individuals in the audience intending to speak on this item were asked to stand, raise their right hand, and administered an oath to tell the truth, the whole truth and nothing but the truth. Those that were sworn in were asked to clearly state their name for the record and confirm they were sworn in at such time as they were asked to come forward to testify.
Vennis Gilmore, Planning Analyst, indicated this was an abandonment application for the right-of-way segment of Avenue C, formerly Georgia Avenue, between N. 25th Street and N. 26th Street. Per City Code Section 17-1, abandonment, narrowing, etc., of streets.
(a) No street, alley or way shall be closed, abandoned, relinquished or narrowed except by ordinance.
(b) The person requesting abandonment of any street alley, or right-of-way shall be responsible for the payment of all costs involved in, or incurred by, the process of vacating and abandonment of any street, alley, or right-of-way.
All affected departments have reviewed the proposed Abandonment application with regards requirements of the City Code. Findings from the review by corresponding departments and any associated responses by the applicant are provided for viewing by the City Commission. The Planning Board voted unanimously to recommend approval. Staff recommends the City Commission approve the requested abandonment with the following conditions:
1) A 10 ft. easement is granted to FPUA centered on the gas main.
2) Appraisal of the subject abandonment right-of-way with payment to the City of Fort Pierce.
Mr. Gilmore stated the applicant did not submit the appraisal value. Furthermore, the applicant is requesting the City Commission waive the appraisal payment.
Mayor Hudson opened the Public Hearing.
Abraham Chabab, the applicant’s representative, spoke about the property’s condition. Additionally, he mentioned the client was okay with getting 40 of the 50 feet, since they were aware FPUA would retain a 10-foot easement. He indicated they were not looking to build on there, but rather have it as an access or retention area.
Andrea Dampier is the Pastor of Fresh Wind Fresh Fire Church. She requested the City abandon this piece of land to the church so that they may be able to add value to it.
Seeing no one else, the Mayor closed the Public Hearing.
Mr. Messer was required to clarify the terms of abandonment. He referred back to Mr. Gilmore’s presentation and Code Section 17-1.
Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Reginald Sessions to Call the Question.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Reginald Sessions to approve item 12 k with staff condition #1, but waive the appraisal costs and any payment for the right-of-way as described in condition #2.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Reginald Sessions
- NAY:
- Commissioner Jeremiah Johnson, Commissioner Thomas Perona
Passed
City Attorney, James Messer, indicated it was not necessary to re-read the Quasi-Judicial Hearing verbiage as it’d been done earlier during this meeting, but he’d do so at the request of the applicant. The applicant did not request it.
City Clerk, Linda Cox, confirmed the City complied with advertisement and notice requirements.
Mayor Linda Hudson inquired with the Commission regarding ex-parte communications; all City Commissioners denied having ex-parte communications.
City Clerk, Linda Cox, was asked to swear in those wanting to speak during this Quasi-Judicial hearing. Individuals in the audience intending to speak on this item were asked to stand, raise their right hand, and administered an oath to tell the truth, the whole truth and nothing but the truth. Those that were sworn in were asked to clearly state their name for the record and confirm they were sworn in at such time as they were asked to come forward to testify.
Vennis Gilmore, Planning Analyst, indicated the applicant is looking for a Conditional Use approval in order to conduct business as a Driving School. City Code Section 22-60 Off-Street Parking and Loading states (4) Exemptions and special area standards. a. Small businesses. No off-street parking is required for nonresidential uses in commercial districts unless such uses exceed one thousand two hundred (1,200) square feet of gross floor area, in which case off-street parking must be provided for the nonresidential floor area in excess of one thousand two hundred (1,200) square feet.
All affected City Departments have reviewed the proposed Conditional Use and have provided approval with conditions based on compliance with requirements of the City Code. Planning Board voted unanimously to recommend Approval. Staff recommends that the City Commission approve the request with the following conditions:
1) Comply with City Code Section 22-60. Off-street Parking and Loading (c) Design Standards, d) Commercial Uses & (j) Lighting. Please provide the lighting plan with a minimum average of two (2) footcandles.
2) Please consider the installation of a bicycle rack (two (2) – space minimum) for students/visitors per City Code Section 22-60 Off-Street Parking and Loading.
3) Remove the existing driveway skirt that is located next to the eastern property line.
4) The cross access agreement must be approved and recorded prior to issuance of a Certificate of Completion.
5) The plan proposes the utilization of property that is not under the ownership of the applicant. Prior to issuance of a Site Work permit, as issued by the Building Department, a recorded easement will be required.
Mayor Hudson opened the Public Hearing.
Buteau Morestant presented himself to answer any questions.
June Raymond was sworn-in. She is in support of this project.
Alonza Watkins was sworn-in. While he supports this business, he had concerns as to its location.
Seeing no one else, the Mayor closed the Public Hearing.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Reginald Sessions to approve item 12 l with staff conditions.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
City Attorney, James Messer, indicated it was not necessary to re-read the Quasi-Judicial Hearing verbiage as it’d been done earlier during this meeting, but he’d do so at the request of the applicant. The applicant did not request it.
City Clerk, Linda Cox, confirmed the City complied with advertisement and notice requirements.
Mayor Linda Hudson inquired with the Commission regarding ex-parte communications. Commissioner Johnson and Commissioner Sessions stated they had. Commissioner Alexander indicated he did not recall if he had. All other members of the City Commission denied having ex-parte communications.
City Clerk, Linda Cox, was asked to swear in those wanting to speak during this Quasi-Judicial hearing. Individuals in the audience intending to speak on this item were asked to stand, raise their right hand, and administered an oath to tell the truth, the whole truth and nothing but the truth. Those that were sworn in were asked to clearly state their name for the record and confirm they were sworn in at such time as they were asked to come forward to testify.
Brandon Creagan, Planning Analyst, stated Bev Smith Toyota was currently working with the County to relocate the second half of the property from Southland Drive to the eastern side of the existing dealership parcel. They are looking to develop 13.50 acres. The Planning Board voted unanimously to approve the request as presented. The requested Applications for Development Review and Design Review meet the requirements of the City Code and are found to be consistent with the City’s Comprehensive Plan; therefore, staff recommends that the City Commission approve the request with the following conditions:
1. As part of the submission of final site construction plans to the City, the applicant shall include sidewalks, in accordance with St. Lucie County design standards, along the projects Dixieland Drive and Southland Drive (relocated) right-of-way frontage. All required permitting with St. Lucie County for construction activities within a County right-of-way shall be the responsibility of the applicant.
2. Prior to the issuance of any site clearing permits, the applicant shall coordinate with the City of Ft. Pierce for the required mitigation of the City regulated trees proposed to be removed as a result of this sites development/construction activity.
3. Prior to the issuance of any certificate of occupancy the applicant shall provide a landscape bond for all project landscaping (on site only) required through the site plan process, and as described in Section 22-180 of the City Code.
4. A Unity of Title for the parcels to be developed will be needed prior to the issuance of a Building Permit.
5. Prior to the issuance of any building permits for any part of the proposed project site plan, the applicant shall provide the City with the most current copy of the application on file with St. Lucie County addressing the proposed right-of-way exchange for portions of the existing Southland Drive. Prior to the issuance of any Certificate of Occupancy for any new habitable construction on the project site, the applicant shall have completed all site construction for the relocated Southland Drive and shall have received, or be under final close out review (or equivalent) for acceptance by St. Lucie County of the relocated Southland Drive.
Mayor Hudson opened the Public Hearing.
Dennis Murphy, the applicant’s representative, spoke of what was to be expected with this expansion. He expects it will be a project our city can be proud of.
Seeing no one else, the Mayor closed the Public Hearing.
Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Rufus Alexander to approve item 12 m with staff conditions.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
A RESOLUTION DETERMINING THAT A CERTAIN BUILDING OR STRUCTURE LOCATED AT 204 N 17TH ST IN FORT PIERCE, FLORIDA IS UNSAFE AND A NUISANCE THAT CONSTITUTES A MENACE TO THE BUSINESS, HEALTH AND SAFETY OF THE COMMUNITY; AND THAT ALL PARTIES OF INTEREST MUST SHOW CAUSE WHY THE STRUCTURE SHOULD NOT CONDEMNED AND DEMOLISHED IN ACCORDANCE WITH THE CHARTER OF THE CITY OF FORT PIERCE; AND NOTIFYING ALL PARTIES OF POTENTIAL ACTION BY THE CITY OF FORT PIERCE FOR FAILURE TO ACT; AND THAT A PUBLIC HEARING BE HELD AT THE REGULARLY SCHEDULED CITY COMMISSION MEETING ON JULY 2, 2018 AT 6:30 PM, IN THE CITY COMMISSION CHAMBERS LOCATED AT 100 N US HWY 1, FORT PIERCE, FLORIDA; PROVIDING FOR NOTICE TO ALL PARTIES; AND PROVIDING FOR AN EFFECTIVE DATE.
City Attorney, James Messer, inquired if anyone had filed an objection to this proceeding. Ms. Peggy Arraiz, Code Enforcement Manager, stated she’d not received any contact from the owner and there were no witnesses to her knowledge received.
City Clerk, Linda Cox, confirmed the City complied with advertisement and notice requirements.
City Clerk, Linda Cox, was asked to swear in those wanting to speak during this Quasi-Judicial hearing. Individuals in the audience intending to speak on this item were asked to stand, raise their right hand, and administered an oath to tell the truth, the whole truth and nothing but the truth. Those that were sworn in were asked to clearly state their name for the record and confirm they were sworn in at such time as they were asked to come forward to testify.
Peggy Arraiz, Code Enforcement Manager, indicated this property has been declared unsafe since 2010. In 2011, the owner obtained a permit, however, only half of the roof was approved because the other half was constructed incorrectly. Currently, a new Property Maintenance Inspection Report (PMIR) was completed and due to the extensive deterioration of the building and failure to complete the addition, it is recommended the structure be demolished. The owner was contacted via Certified Return Receipt mail which was signed for, however, the owner made no attempts to contact the city in order to provide evidence of any kind as to why this property should not be condemned and demolished. Code Enforcement has verified the property is not homesteaded; the property is vacant; no attempts by owner have been made in the last 6 years to remedy the condition of the unsafe structure; there are no active utilities for this property; this is not a historic property; no new parties have been identified after conducting a title search. Ms. Arraiz also mentioned she’d been receiving several complaints by others in the neighborhood regarding this structure and was able to show the City Commission photos of the dilapidated state of the structure.
Being that a good portion of the property was constructed with block, there was discussion by the City Commission about possibly saving the property. During this discussion, Bonnie Dixon, the owner’s sister, appeared before the Commission with a letter from the owner stating his duties in the military had not allowed him to tend to the property but due to investing over $100,000 in the property already he was requesting an extension. The Commission requested information on how the property would be rehabilitated, if there were funds to do so, how much of an extension the property owner was needing, if they’d be able to remedy the Code Enforcement violations first, whether or not the owner was looking to come back and retire in this home after he retired from his military career, etc. The owner is requesting an extension of a year. Due to the high criminal activity at this location, Ms. Arraiz offered some short-term solutions that could be addressed in order to possibly provide for a long term solution should the Commission decide to grant any type of extension.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Reginald Sessions
to condemn the property as stated, not consider demolition at this time but instead revisit this in 90 days to make sure all code enforcement issues have been resolved and the property has been restored to a stable and secure manner.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
A RESOLUTION DETERMINING THAT A CERTAIN BUILDING OR STRUCTURE LOCATED AT 1700 N 16TH ST IN FORT PIERCE, FLORIDA IS UNSAFE AND A NUISANCE THAT CONSTITUTES A MENACE TO THE BUSINESS, HEALTH AND SAFETY OF THE COMMUNITY; AND THAT SAID BUILDING OR STRUCTURE SHALL BE CONDEMNED AND DEMOLISHED; DECLARING THE PARTIES OF INTEREST WERE PROVIDED THE OPPORTUNITY TO BE HEARD AND ARE RESPONSIBLE FOR THE REMOVAL OF THE BUILDING OR STRUCTURE; AND ORDERING THE CITY OF FORT PIERCE TO AFFECT SUCH REMOVAL AND PLACE A LIEN UPON THE PROPERTY IDENTIFIED IF COMPLETED BY THE CITY OF FORT PIERCE; PROVIDING FOR APPEAL; PROVIDING FOR NOTICE TO ALL PARTIES; AND PROVIDING FOR AN EFFECTIVE DATE.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Jeremiah Johnson to approve item 13 b.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Jeremiah Johnson to appoint Mayor Linda Hudson as the Voting Delegate for the Florida League of Cities at the Annual Conference Business Meeting in August 2018.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
There were no comments from the public.
City Manager, Nicholas Mimms, happily reported the beach restoration project along the South Jetty is substantially completed. A final inspection is being completed by the end of the first week of June. Negotiations with St. Lucie County for the Interlocal Service Boundary Agreement are still underway and an update should be provided to the City Commission by the end of summer. All city departments are preparing department budgets and a review will be conducted along with strategic goals for each department. The first Budget Workshop will be held on July 12, 2018. The Port of Fort Pierce RFP for yacht servicing, operation and maintenance is underway and bids are due by June 6, 2018. A Joint Workshop will take place on Monday, June 11, 2018 and there will be discussion regarding strategic plan priorities, the waste water facility relocation, economic development, FPUA priorities, etc. Restoring The Village will take place on Saturday, June 9, 2018. Mr. Mimms addressed the current status of the prior PAL facility located at 903 S. 21st Street. The keys were acquired on Friday, June 8, 2018 and staff along with approximately 140 volunteers are cleaning up the space and getting everything ready, including infrastructure, WiFi, etc. in order to welcome the over 400 children that have signed up for this summer. Mr. Mimms stated there will be more activity in this facility than there has been in the past and the city is looking forward to having more of a recreational footprint. Additionally, staff will be visiting Riviera Beach in order to see how they do their programming and what other ideas they could incorporate locally. The Commission inquired about whether or not they would keep the name PAL or name it something else. Currently the City Manager and City Attorney will research what can be done legally to keep the name but also to see what the advantages or disadvantages to keeping that name would be.
City Attorney, James Messer, commented on the prior conversation about condemned properties stating the effort should always be a cohesive effort between all enforcement departments within thecity and there has to be a statistical record to show the Special Magistrate judge (i.e. how many times police cruisers have been out because of criminal activity, how many visits from code enforcement officers, building inspectors visits, how many times attempts have been made to contact the property owner(s), etc.). Furthermore, he believes the process should be contained to less than a decade.
Commissioner Perona indicated this is the United for Animals 10th anniversary. He would like to thank them via a proclamation in the future to recognize their efforts. He enjoyed the Employee Picnic on June 2, 2018 and he thanked all involved. He would like to discuss the possible sale of the property of Little Jim Bait & Tackle at a future time and review all leases in the July Conference Agenda.
Commissioner Sessions expressed Preventing Crime in the Black Communities Annual Conference was enlightening. It was fortifying to see we are not the only community struggling, but more than that to be able to provide solutions for our city. He was also very proud of the youth and staff that attended. He’d like to discuss the Little Jim Bridge property’s lease.
Commissioner Johnson would also like to discuss Little Jim Bridge. He would like to see a list of Surplus Properties. He was sad to miss the employee picnic but was glad to attend a conference that same weekend that would allow him to provide more value to the TPO Board. He is excited to be attending the FLC Institute for Elected Municipal Officials Conference from June 8-10, 2018.
Mayor Linda Hudson shared the program from the St. Paul AME where they honored the fallen from Fort Pierce Police Department and she felt they did a great job. She was very happy to attend the San Juan Diego Graduation. Mayor Hudson inquired about the city’s participation with the Summer of Success Program and Mr. Mimms assured her the city participates every year.
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CITY CLERK
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MAYOR COMMISSIONER
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