Planning and Zoning Board

121 SW Port St. Lucie City of Port St.Lucie Blvd. Port St. Lucie, Florida 34984 Planning and Zoning Board Meeting Minutes - Final Chair Debra Beutel, At-Large Vice Chair Melissa Stephenson, At-Large Secretary Daniel Kurek, District 4 Board Member Bill Peak, District 1 Board Member John Corzine, District 2 Vacant, District 3 Board Member Alfreda Wooten, At-Large Alternate Board Member Ana Gomez-Mallada Alternate Board Member Roberta Briney Please visit www.cityofpsl.com/tv for new public comment options as a result of COVID-19. NOTICE: INDIVIDUALS ARE SUBJECT TO MEDICAL SCREENING PRIOR TO ENTERING ANY CITY BUILDING AND ENTRY MAY BE DENIED IF ANY INDICATOR OF ILLNESS OR PRIOR EXPOSURE IS IDENTIFIED. Tuesday, June 2, 2020 1:30 PM Council Chambers, City Hall 1. Meeting Called to Order A Regular (Virtual) Meeting of the PLANNING AND ZONING BOARD of the City of Port St. Lucie was called to order by Chair Beutel at 1:53 p.m., on June 2, 2020, at Port St. Lucie City Hall, 121 SW Port St. Lucie Boulevard, Port St. Lucie, Florida. 2. Roll Call Members Present: Deborah Beutel, Chair Melissa Stephenson, Vice Chair Secretary Kurek John Corzine William “Bill” Peak Roberta Briney, Alternate Alfreda Wooten 3. Determination of a Quorum Chair Beutel confirmed that there was a quorum. 4. Pledge of Allegiance Chair Beutel led the assembly in the Pledge of Allegiance. Page 1 of 6 Planning and Zoning Board Meeting Minutes - Final June 2, 2020 5. Approval of Minutes 5.a Approval of Minutes - May 5, 2020 2020-438 There being no corrections, the minutes were unanimously approved. 6. Consent Agenda There was nothing scheduled under this item. 7. Public Hearings - Non Quasi-Judicial 7.a City of Port St. Lucie’s Comprehensive Plan’s Evaluation and 2020-435 Appraisal Report Vice Chair Stephenson moved to table the City of PSL Comprehensive Plan’s Evaluation and Appraisal Report to the Special Planning & Zoning Meeting on June 23, 2020. Mr. Peak seconded the motion, which passed unanimously by roll call vote. 8. Public Hearing - Quasi-Judicial Chair Beutel informed the public that the applicants had to be in attendance and had to present their items or the items would be tabled to the next meeting. She stated that the public had 3 minutes to speak on Public Hearings. The Deputy City Attorney read the Quasi-Judicial Rules into the record for Items 8a & 8b and the Deputy City Clerk swore in staff and applicants. 8.a P19-227 Tommy Car Wash - Special Exception Use 2020-421 Location: The property is located at 299 SW Port St. Lucie Boulevard, at the northeast corner of the intersection of SW Port St. Lucie and SW Bayshore Boulevard. Legal Description: Section 18, Tract “B”. This is a request for a special exception use for a carwash in the General Commercial (CG) zoning district per Section 158.124(C)(4) of the Zoning Code. (Clerk’s Note: A PowerPoint was shown, at this time.) Laura Dodd, Planner II, stated that the file was submitted to the City Clerk’s Office 5 days prior to the meeting and requested to enter it into the record. She explained that the item was a Special Exception Use to allow for a car wash within a General Commercial Zoning District. She informed the Board that the space had adequate ingress/egress through Bayshore Plaza and Port St. Lucie Boulevard, adequate off-street parking and loading spaces, adequate signing and lighting and it was compatible with the surrounding uses. She stated that a noise analysis was completed, as was the stacking analysis which was certified by Public Works. She added that the Site Plan Review Committee recommended approval. Mr. Corzine felt that egress at that busy location would be Page 2 of 6 Planning and Zoning Board Meeting Minutes - Final June 2, 2020 difficult. (Clerk’s Note: A PowerPoint was shown, at this time.) Todd Mowry, Redtail Engineering, showed the existing location from different focal points and stated that stores in the area had completed renovations. He stated that the previous car wash was on the north side of the site which was a simple automated system. He informed the Board that the item met all Special Exception Designs. He said that he discussed stacking and traffic with staff at lengths and showed the Board different entrances/exists for the site. He informed the Board that the car wash system would use a conveyor belt to lift and carry the vehicle and in no instance would a passenger leave the vehicle. He explained the designs, colors, pavers, awnings pieces, and decorative items that would be used on the building which all met the City’s Design Standards. Deputy City Attorney Hertz inquired if Mr. Mowry was sworn in, to which he responded in the affirmative. Chair Beutel inquired about the entrance/exist in the corner of the plaza, to which Mr. Mowry showed the stacking queues and explained that the site would push the traffic out into the center, which was one way. He said there was a point of entrance at the northwest corner, one on Port St. Lucie Boulevard, and an exit only on the northwest corner. Mr. Corzine inquired if Mr. Mowry knew what was being built 800 feet away, to which Mr. Mowry replied, “a failing car wash.” Chair Beutel opened the Public Hearing and there being no Public to heard, she closed the hearing. Chair Beutel asked for ex-parte communication, to which there was none. There being no further discussion, Mr. Peak moved to recommend approval of P19-227 Tommy Car Wash – Special Exception Use to the City Council. Ms. Briney seconded the motion which passed unanimously by roll call vote. 8.b P20-072 Allcorp Enterprises Inc. - Variance 2020-437 Location: The property is located at 6182 NW Gatun Drive. Legal Description: Section 44, Block 3112, Lot 22. This is a request to grant a variance to the side setback for an existing home. Section 158.073(H)(2) of the City Code states that in a Single-Family Residential (RS-2) zoning district, each lot shall have a building setback line of 10 feet from the side property line. The application is for a variance of 7.33 feet to allow a 2.67 foot setback from the side property line on the eastside of the property. Chair Beutel asked for ex-parte communications, to which there was none. Page 3 of 6 Planning and Zoning Board Meeting Minutes - Final June 2, 2020 (Clerk’s Note: A PowerPoint was shown, at this time.) Isai Chavez, Planner I, stated that the file was submitted to the City Clerk’s Office 5 days prior to the meeting and requested to enter it into the record. He explained that the item was requesting a variance of 7.33-feet allowing a 2.67-foot side yard setback for an existing home that was recently built. He stated that the applicant obtained a Building Permit, and when the surveyor revised the final survey, it was discovered that the home had been built 2.67-feet from the side yard property line on the east side of the property. He informed the Board that the property was located West of NW California Blvd, south of W Torino Parkway, north of NW Peacock Boulevard. Chair Beutel inquired if the issue effected the neighboring vacant lot, to which Teresa Lamar-Sarno, Assistant to the City Manager for Land Development Services, replied that staff could not answer that question since they dealt with the facts of the variance. Mr. Corzine stated that builders/surveyors had insurance to cover errors like this and he gave an example of a fence issue with his home. He felt that if he supported the item, it set the wrong precedence for builders/ surveyors and would go against the codes that are in place. He recommended that the applicant move or change the house to allow for a 10-foot setback or buy the neighboring vacant lot and join the properties. He explained how professional liability insurance would cover the issue. Vice Chair Stephenson inquired if the vacant lot owner was notified, to which Ms. Lamar-Sarno replied that all property owners within 750-feet of the item were notified. Aaron Lockwood, Allcorp Enterprises, stated that he was sworn in and explained that he contacted the landowner of the lot who informed him that the lot was sold, and a home was going to be built. He said that he received the Site Plan for the home, which showed a 20-foot setback on the same side, which equaled 23-feet in total separation from the homes. Mr. Lockwood stated that he had a buyer who extended her contract and still intended to move into the home. He added that it would be a financial hardship for himself and the surveyor if they wanted to move the home or submit an insurance claim. Chair Beutel stated that they could not hear from the homeowner from the vacant lot, to which Mr. Lockwood replied that Mironda Homes owned the property, was aware of the variance, and still had to construct on the lot. Vice Chair Stephenson understood that Mironda homes would build a home on the lot that would work and assumed that if Mironda was unhappy with the variance they would have attended the meeting, but she did concur with Mr. Corzine’s opinion of setting a bad precedence. Alex Piazza, surveyor, stated that he was sworn in and stated that the issue was not Page 4 of 6 Planning and Zoning Board Meeting Minutes - Final June 2, 2020 caught until after the final survey and this had been his first issue within the City. He informed the Board that it would cost a couple million dollars to move the house, and he tried to remedy the issue with other options, but the variance was the last resort. He stated that the owner of the home, and the owner of the lot next door did not have issues with the setbacks and hoped that the variance would be approved. Chair Beutel stated that she would support the item since all owners were agreeable. Chair Beutel opened the Public Hearing and there being no Public to heard, she closed the hearing. Mr. Peak inquired if the neighbors were notified and if there would be issues in the future, to which Mr. Lockwood replied that the adjacent neighbor, Mironda Homes, advised him to proceed with the variance. He added that no other neighbors contacted the Planning & Zoning Department with objections. Secretary Kurek inquired if the City would require the vacant lot to have a larger setback, to which Ms. Lamar-Sarno responded in the negative. Secretary Kurek inquired if the City used the survey provided by the surveyor, to which Ms. Lamar-Sarno replied that she believed that is what the Building Department used. Mr. Peak inquired if there could be litigation in the future, if this variance was approved, to which Deputy City Attorney Hertz replied that litigation could be an issue at any point, but the Board had to focus on the variance criteria on this property and base their decision on substantial evidence. Secretary Kurek felt that the applicants tried to resolve the issue before bringing it to the Board therefore, he moved to approve P20-072 Allcorp Enterprises Inc. – Variance. Vice Chair Stephenson seconded the motion which passed by roll call vote with Chair Beutel, Vice Chair Stephenson, Secretary Kurek, Ms. Wooten, Ms. Briney, and Mr. Peak voting in favor and Mr. Corzine voting against. 9. New Business 9.a Planning and Zoning Board Election of Officers 2020-439 Mr. Corzine moved to approve Debbie Beutel as the Chair of the Planning & Zoning Board. Vice Chair Stephenson seconded the motion which passed by roll call vote with Chair Beutel abstaining. Ms. Briney moved to approve Melissa Stephenson as the Vice Chair of the Planning & Zoning Board. Vice Chair Stephenson seconded the motion which passed by roll call vote with Vice Chair Stephenson abstaining. Ms. Wooten moved to approve Daniel Kurek as the Secretary of the Page 5 of 6 Planning and Zoning Board Meeting Minutes - Final June 2, 2020 Planning & Zoning Board. Mr. Corzine seconded the motion which passed by roll call vote with Secretary Kurek abstaining. 9.d Planning and Zoning Board Election of Officers- Site Plan Review Committee Seat Mr. Corzine nominated Vice Chair Stephenson to remain as the Planning & Zoning Representative on the Site Plan Review Committee. Mr. Peak nominated and moved to approve Mr. Corzine as the Planning & Zoning Representative on the Site Plan Review Committee. Ms. Wooten seconded the motion. Mr. Peak, Ms. Wooten, and Chair Beutel voted in favor, Secretary Kurek and Ms. Briney voted against and Mr. Corzine and Vice Chair Stephenson abstained from the vote. The Board stated that there was confusion over the motion, and Deputy City Attorney Hertz stated that the Board could consider withdrawing the motion. Secretary Kurek moved to approve Vice Chair Stephenson as the Planning & Zoning Representative on the Site Plan Review Committee. Ms. Wooten seconded the motion which passed by roll call vote with Vice Chair Stephenson abstaining. 10. Old Business Secretary Kurek inquired if the July meeting would be a Zoom meeting, to which Ms. Lamar-Sarno responded in the affirmative and added that they had a Special Meeting on June 23, 2020. 11. Public to be Heard There was nothing heard under this item. 12. Adjourn There being no further business, the meeting adjourned at 3:06 p.m. _______________________________________ Daniel Kurek, Secretary _______________________________________ Shanna Donleavy, Deputy City Clerk Page 6 of 6