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Minutes for Planning Board of Adjustment

 
Board of Adjustment Minutes 

OF THE REGULAR MEETING OF THE FORT PIERCE CITY BOARD OF ADJUSTMENT HELD ON THURSDAY, DECEMBER 6, 2018, IN FORT PIERCE CITY HALL, COMMISSION CHAMBERS, 100 NORTH US HIGHWAY 1, FORT PIERCE, FLORIDA.
 
 
1.
CALL TO ORDER
 
2.
PRAYER and PLEDGE OF ALLEGIANCE
 
3.
ROLL CALL
Present:
William Nunn; Joyce Calvert; Bennie Clark; James Crist; Ryan Collins; Rebecca Isaac; Bret McCain, Chairman
Staff Present:
  • Benjamin Bryan, Interim City Attorney
  • Rebecca Grohall, Planning Director
  • Rebeca Guerra, Assistant Planning Director
  • Alicia Rosenthal, Executive Assistant
 
4.
CONSIDERATION OF ABSENCES

All members were present.
 
5.
CERTIFICATION OF ALTERNATE MEMBER VOTING STATUS/EXCUSE NON VOTING ALTERNATE

Ms. Isaac and Mr. Collins were voting members for item 7b.
 
6.
APPROVAL OF MINUTES
 
a.
Minutes from the June 28, 2018 meeting
 

Motion was made by James Crist, and seconded by William Nunn to approve the minutes from the June 28, 2018 meeting.

AYE:
James Crist, William Nunn, Joyce Calvert, Bennie Clark, Chairman Bret McCain
Other:
Ryan Collins (ABSTAIN), Rebecca Isaac (ABSTAIN)

Passed

 
7.
NEW BUSINESS
 
a.
Variance - Dak Digital Billboard - 2711 S. US Highway 1

Ms. Grohall gave an overview of the Variance application and answered questions from the Board.

Don Cuozzo, Managing Partner of Dak Digital, provided additonal information on digital billboards.  Mr. Cuozzo stated that St. Lucie County and Department of Transportation (DOT) requires a 1,500 foot seperation for billboards, where as the city requires a 5,000 foot seperation for billboards.  Mr. Cuozzo explained that the state can grab the billboard to show amber and silver alerts and other emergency messages such as hurricane evacuations.  Mr. Cuozzo stated if the billboard was approved, they would offer the city the ability to put messages on the billboard.  Mr. Cuozzo said they would also provide enhanced landscaping around the residential area and asphalt cut outs for a neighborhood entrance. Mr. Cuozzo communicated the state requirement of a 8 second message flash and he also explained that DOT has done a massive study across the state of Florida and they have not found any additional traffic incidents anywhere near the billboards. Mr. Cuozzo answered questions from the Board on the removal of the palm trees, City of Stuart billboard distance and adjusting the message flash time.

No one spoke against the billboard.

Board deliberation ensued.

Mr. Crist stated he was not in favor of the billboard due to aesthetic appearance, the billboard being a distraction and causing traffic issues. 

Mr. Nunn stated he is not a big fan of digital signs and they are distracting.

Chairman McCain has no issues with approving the reduction of the distance.  He stated it adds a huge value to the city by broadcasting amber and silver alerts and hurricane evacuations.

Motion was made by William Nunn, and seconded by James Crist to deny the Variance.

AYE: James Crist, William Nunn
NAY: Bennie Clark, Joyce Calvert, Chairman Bret McCain
Other: Ryan Collins (ABSTAIN), Rebecca Isaac (ABSTAIN)
Failed

Board discussion ensued on placing conditions on the sign.

Mr. Bryan said you can place conditions if they are relevant to what you are voting on.

Mr. Cuozzo stated the sign does not exist without the Variance and we accept the conditions. 

Motion was made by William Nunn, and seconded by James Crist to deny the reduction of the billboard distance from 5,000 feet to 2,815 feet.

AYE: Bennie Clark, James Crist, William Nunn
NAY: Joyce Calvert, Chairman Bret McCain
Other: Ryan Collins (ABSTAIN), Rebecca Isaac (ABSTAIN)
Passed

Ms. Grohall said to approve a Variance you need a 4/5 majority vote.

Mr. Bryan stated the motion was to deny the variance and it passed 3-2 and a better motion might have been to approve the Variance and have it lose 2 to 3, but the intent is absolutely clear that the Variance is not being granted anyway you try to configure it.
 
b.
Variance - BDG Edwards, LLC - 2496 Edwards Road

Chairman McCain recused himself due to being a relative of the applicant.  Mr. Nunn was the acting Chair and Ms. Isaac was the voting alternate.

Ms. Grohall gave an overview of the application and answered questions from the Board.

Carlos Yepes, Applicant, explained the reason for the Variance is to produce a left turn lane for the southbound traffic on 25th Street.  Mr. Yepes stated there is currently a striped median and they want to chanelize the traffic by putting a concrete barrier, which will protect the driver that is making a left hand turn.  Mr. Yepes stated they have pre-approval from Department of Transportation (DOT) and DOT is also requiring a deceleration lane on 25th Street for the northbound traffic.  Mr. Yepes said they are providing a great buffer on the north side of the property and this is the minimum DOT will accept.  Mr. Yepes answered questions from the Board regarding the pedestrian walkway, type of landscape buffer and existing oak trees.

Ms. Grohall stated at the time of site plan approval and building permit the applicant would be required to have a tree survey and the city forester verifies the survey and calculates the mitigation.

Janet Collins, Property Owner, provided history on the property.  Ms. Collins explained that in 2013, the Department of Transportation (DOT) wanted a zero setback on the north corner. Ms. Collins said they were told one oak tree is a specimen tree but the rest of the oak trees are on the way out because of how old they are.

Carroll Collins, Property Owner, stated they have an approval from DOT for a 10 foot setback but DOT repeatedly said they wanted a zero setback.  Mr. Collins explained they have had a number of requests to buy the property in the last 5 years and this is the best project and it will be an asset to the City of Fort Pierce. 

Mr. Crist made a motion to approve the Variance with enhanced landscaping along 25th Street and Edwards Road and a buffer on the eastern residential side. Ms. Isaac seconded the motion.

Mr. Bryan asked Ms. Grohall if the motion needs to be more specific if a condition is being placed on the approval.  Ms. Grohall stated it would be helpful to have a numeric value. 

Mr. Nunn said it seems like everytime we get a new applicant they want to reduce the landscaping.

AYE: Ms. Isaac, Mr. Clark, Mr. Crist
NAY: Mr. Nunn
OTHER: Ms. Calvert (ABSTAIN)

Mr. Bryan called for a 10 minute recess. 

Mr. Bryan explained since one of the members declined to vote on the project the additional alternate will vote. Mr. Bryan stated in light of the requirements that there be four people voting in favor of the Variance, it is only fair to go ahead with five people.
 

Motion was made by James Crist, and seconded by Bennie Clark to seat the second alternate, Mr. Collins.

AYE:
William Nunn, Bennie Clark, James Crist, Rebecca Isaac
Other:
Joyce Calvert (ABSTAIN), Ryan Collins (ABSTAIN), Chairman Bret McCain (RECUSE)

Passed

 

Motion was made by James Crist, and seconded by Bennie Clark to approve the Variance and exceed city landscape requirements by 25%.

AYE:
Rebecca Isaac, Ryan Collins, James Crist, Bennie Clark
NAY:
William Nunn
Other:
Joyce Calvert (ABSTAIN), Chairman Bret McCain (RECUSE)

Passed

 
8.
ELECTION OF CHAIR AND VICE-CHAIR

This items was moved before New Business.

Mr. Nunn nominated Mr. McCain as Chair and Mr. McCain nominated Mr. Crist as Chair. Mr. Crist declined.

Mr. Crist nominated Mr. Clark for Vice-Chair. Mr. Clark declined. Chairman McCain nominated Mr. Nunn as Vice-Chair.
 

Motion was made by William Nunn, and seconded by Bennie Clark to elect Mr. McCain as Chair.

AYE:
Joyce Calvert, Bennie Clark, James Crist, William Nunn, Chairman Bret McCain
Other:
Ryan Collins (ABSTAIN), Rebecca Isaac (ABSTAIN)

Passed

 

Motion was made by Chairman Bret McCain, and seconded by Bennie Clark to elect Mr. Nunn as Vice-Chair.

AYE:
Bennie Clark, James Crist, William Nunn, Joyce Calvert, Chairman Bret McCain
Other:
Ryan Collins (ABSTAIN), Rebecca Isaac (ABSTAIN)

Passed

 
9.
DISCUSSION / OTHER BUSINESS
 
10.
ADJOURNMENT