Planning and Zoning Board - Regular Meeting
The Planning and Zoning Board approved several variances and a special exception use, including parking reductions for three businesses at 500 Stadium Property and an expansion for a daycare center. The board also elected new officers for the year and received training on Sunshine Law, public records, and ethics.
About this meeting
- Government Body
- Planning and Zoning Board
- Meeting Type
- Planning And Zoning Board
- Location
- Port St. Lucie, FL
- Meeting Date
- January 6, 2026
Transcript
792 sections (from 873 segments)
Good evening, and happy New Year. Welcome to the City of Port St. Lucie planning and zoning board meeting, Tuesday, 01/06/2026. It is 6PM. I call the meeting to order. Please call the roll.
Jim Norton. Here. Peter Prevot. Here. Gregory Petavon. Here. Peter Spatara.
Yes.
Eric McCanis. Ma'am. Rose Masserino. Here.
Okay. We do have a quorum. Before we move forward, first, like to recognize that mister Jack Downey has resigned, but we do want to extend our deepest appreciation for all the work he's done over the years for our community here, specifically in Port St. Lucie. His service to our city was exemplary and as a board member of the planning and zoning board was very efficient and effective in helping us get our work done. Also congratulations to miss Rose Masserino now member of the board. And we're going to congratulate Joe Rosen in a minute as his appointment is coming forward as well.
Pete? Do you want to do a pledge first?
No, we want to make a motion.
Make a motion first?
Mr. Chair, I'd like to make a motion to move nine C oath of office for members up to now.
Okay, great. So if our members, mister Harvey, mister Rosen, if you could please come forward. Stan, is there a second?
I'll second the motion. Second.
All in favor say aye.
Aye. Alright.
It's approved. Please come forward and all the members will please take the oath of office. Madam Clerk? All members, right? Madam Clerk? All of us?
I believe it's everyone except for Mr. Prevot and Mr. Spatara.
Okay.
Okay. If everyone can please raise their right hands. I do solemnly swear that I will support, protect and defend the constitution and government of The United States and the state of Florida, and that I will bear true faith, loyalty and allegiance to the same, and that I am entitled to hold office under the constitution and laws of the state of Florida, and that I will faithfully perform all of the duties of a member of the planning and zoning board.
I will. I will. I do.
Thank you.
Thank you. Welcome aboard.
I understand mister Rosen will be acting as an alternate. So please, mister Rosen, take a seat to my right. Okay. And we do have a quorum.
Chair, just a I'm sorry. Just a quick clarification. Is he serving he's he's now been sworn in as an alternate, but is he sitting in as a voting member today?
Yes.
Yes.
Okay.
Taking over mister dough Dougherty's
Perfect. Okay. So just let the record show that you today, even though he's an alternate today, he is a full voting member.
Correct.
Thank you.
Thank you. Alright. Everyone, please stand for the pledge. Great. Alright. Need a motion to approve the minutes from 12/02/2025.
I'll make a motion to approve the minutes from the planning and zoning board meeting for December 2, I believe, 2025.
Second.
We have a motion and second. All in favor say aye.
Aye.
Opposed? Minutes are approved. We're moving on to the public hearing non quasi judicial. Seven a is the Sandpiper Bay Resort. Item is being requested to be tabled to date certain January 20.
Make a motion to table item seven a p two five one five seven Sandpiper Bay Resort small scale comprehensive plan to date certain January 20.
There's a motion. Is there a second?
Second.
Before we move forward, is there any public who wish to speak on this item? Seeing none, I'll close the public hearing. And we have a motion and a second. All in favor say aye. Aye. Any opposed? We have a supplemental item to this on August is also going to be moved.
I think it's 8b.
8b, my apologies. 8b, thank you.
Make a motion to
We're going to get to that one. Just wanted to make sure public knew that that's also going to be moved when we get to that point. Thank you. Okay. We'll move on to 7B. I'm going to open the public hearing. And I'll ask the planner and staff.
Sophia? Good evening, chair, vice chair and board members. Sophia Trail with the planning and zoning department. Project P25174 is a zoning text amendment to the land use conversion manual. The conversion manual was originally adopted in the mid 1980s to provide property owners and developers with a guide to rezoning properties in the city's conversion areas, which were located along major roadways within the city.
The conversion process allows for single family platted lots to be rezoned to a zoning district that's consistent with the property's future land use designation and policy 100 fourteen-thirteen of the future land use element of the city's comprehensive plan. The last amendment to the conversion manual was in 2018 which added the Becker Road conversion area to it. The conversion manual addresses requirements for land assembly, rezoning requirements, and related site plan and design considerations. It explains the land use conversion process, available conversion options, and implementation policies. This is the conversion area map that is included within the manual.
So many of most of our conversion areas are along Bayshore Boulevard, Port St. Lucie Boulevard, Gatlin Boulevard, and Fecker Road. This application is a city initiated text amendment to the conversion manual. At present, the conversion manual requires a recorded unity of title for all land included within site developments or for I'm sorry. Within site plans for development of multifamily or nonresidential uses within the land use conversion areas.
A unity of title requires properties to be owned by the same person or entity through unified ownership. With this amendment, we would now allow unified control as adequate legal documentation for these conversion areas. Unified control is a legal agreement between different property owners that allows separate parcels to be treated as one. For building, zoning, and development regulations, owners agree to develop the properties together as a single unified project even though they're owned and often financed separately.
So just to clarify that, if there are two entities, they can only work on one project, not two separate projects on the same
So if you had lots one through five and the property owners of lots one and two, and the property owners of three through five agreed to do one project together, they would be under a unified control agreement. So they would be working as business partners.
But they couldn't do two separate projects, correct?
No, sir. The agreement would be that they are both owners of let me clarify. Owner of lots one and two, owners of lots three through five are coming together to create one project.
But not multiple?
No, sir.
What qualifies as unified control? What was that fancy term you used a second ago? The the
The legal agreement.
The legal agreement is
Yes.
Just so plans such that all agreed upon.
Correct. So unity of title, right, if one property owner has acquired five lots, which met the frontage and depth requirements of a certain number of parcels within the conversion area, they submit for a unity of title stating that they're agreeing to develop all five of those lots as one project. This would just allow more flexibility for the customer or the developer to come together as business partners to develop more than one lot as one project.
Does the agreement have to be approved by the city?
It it does get sent through the city attorney's office, same as the unity of title. Both documents go through the city attorney's office.
So in essence, we're just trying to keep the same control or idea for the property?
We're providing more flexibility to the customer versus having one having to have all lots being owned by one property owner, one entity. The project can now be owned by multiple entities.
So is that the main change and what it is we're updating tonight is that there can be multiple property owners across multiple plats, but as long as they've agreed upon a business plan and have a and that's gone through attorney and approved by legal, that they can get approval for the project?
Correct. So this the main change to the conversion manual is to add the unified control as adequate legal documentation for these conversion areas. We are making some updates to it to make it more consistent with today's standards. There's some language missing since we've updated the city's comprehensive plan, as well as, for example, the cover page has the old city's logo. But this is the main amendment that we're doing to the conversion manual.
Thank you. As
I mentioned, we are updating the cover page, various sections, and maps of the manual. One of the things we are also doing is there's a table right after the it's either before or after the map. We're removing the institutional zoning district from the list of compatible zoning districts to provide consistency with the comp plan amendment that did this in 2021. So as I mentioned, ordinance twenty one thirty six is a comprehensive plan amendment that was passed. It did amend policy one one four thirteen of the future land use element.
It removed the institutional zoning district as a compatible zoning district for the medium density residential and residential office institutional future land use classification. So since that was done in 2021, we're just updating the manual to be consistent with that. We're the proposed tax amendment is consistent with goal one one of the city's comprehensive plan to provide an appropriate mix of land uses, which meets the needs of current and future residents. And it does align with goal two, strategic growth for a resilient future, and goal four, diverse economy and employment opportunities of the city's strategic plan. The planning and zoning department staff do find the petition to be consistent with the intent and direction of the city's comprehensive plan and recommend approval.
You as the board have the option to make a motion to recommend approval to the city council, motion to recommend approval to the city council as amended, motion to recommend denial to the city council, or motion to table. And I'm happy to answer any other additional questions you may have on this.
You may have any questions from members of the board? The applicant is the city? Correct. So we'll move forward. This is a public hearing. Is there anybody from the public who wishes to speak on this item? Hearing none, any other questions from the board? Right. I'll close the public hearing and call for a motion.
Make a motion to approve item P25-one 100 70 four City Of Port St. Lucie zoning text amendment. Second.
Motion and a second. Any other questions or discussion? All in favor say aye. Any opposed? Motion passes. Move on to the public hearing, the quasi judicial portion. The attorney will now outline the quasi judicial procedures and provide for the swearing in of all those who in attendance that desire to speak on any of the items eight a through eight gs. Anyone wishing to speak on those items?
Anyone who is going to speak on any of the items found in Section eight of the agenda, please stand and prepare to be sorted.
Okay. Please raise your right hands. Do you swear or affirm that the statements made today will be the truth, the whole truth and nothing but the truth? Thank you.
This is a quasi judicial. We're gonna go left or right.
Oh, let me just explain the quasi judicial really quickly. So what a matter is quasi judicial, the board is applying existing rules and policies to a factual situation and is therefore acting in a judicial capacity rather than a legislative capacity. For each item, we do ask the chair to ask if there's any ex parte communications.
Thank you. And we'll go from left to right. Any ex parte communication? None. None. Okay. This is a public hearing. We'll open the public hearing and ask staff to make their presentation.
Good evening, board. Daniel Robinson, planning and zoning. I have been sworn in. Official city file has been submitted to the city clerk more than five days prior to the hearing. Madam Clerk, please enter the file into the record.
The project before you is a master sign program application for Towne Place. The request provides a comprehensive regulation for all commercial and residential facade and monument signs within Towne Place development. The property's future land use is general commercial and high density residential, and the property has a PUD zoning designation. The property is located at the Southeast corner of the interstate of Highway US 1 and Savannah Club Boulevard. And Towne Place consists of 18.51 acres of mixed use development.
The program provides regulations for monument signs along US 1 for the retail and residential development, a monument sign for the residential development along Savannah Club Boulevard and or Savannah Club Drive, sorry, at their entrance, and an internal directional sign and the retail facade signs along with some temporary sign regulations. The Site Plan Review Committee recommended approval of the master sign program at their meeting of 08/27/2025, and staff finds the proposed master sign program to be consistent with the city's land development regulations and requirements of section one fifty five point three h of the city code and recommends approval. Any
questions? Questions for staff members?
Did you grow a beard? Yes.
That is all.
That is all. Okay. Thank you, Daniel. Throw me off Is the applicant here? Happy to come forward.
Good evening. Good evening board.
My name is Richard Lundy. I'm the applicant and I'm here to answer any questions you might have.
Okay. Any questions for Mr. Lundy? Okay. Seeing none, any other questions for the staff or Mr. Lundy? Thank you. Okay. Any members of the public? This is a public hearing. Any members of the public wish to speak on this item? Seeing none, close the public hearing. And I'll call for a motion.
Mr. Chair, I'll move to approve P25-ninety one TownePlace Master Sign Program application.
Second.
We have a motion and a second. Any further discussion? All in favor say aye. Aye. Opposed? Approved. Okay. 8B, as with 7A, this has been requested to be tabled to date certain 01/20/2026. I need a motion.
Mister Chair, I move to table p two five one five eight Sandpiper Bay Resort PUD amendment number two to January 20 at 6PM.
I'll second.
We have a motion to second. Any discussion? Second. All in favor say aye.
Aye.
Opposed? Ayes carry. Move to the twentieth. Okay. 8C. Before we move forward, any ex parte communication members of the board, Pete?
None.
Okay, I'll open the public hearing and staff. Before you move forward, Mary, correct me if I'm wrong. And the next three items are similar in nature, but will be heard separately, correct?
Correct. The next three items are very similar and they're on the same property, but they're variances. So you have to evaluate each one individually. But after the first one, the next two should seem very familiar.
Correct. Thank you.
Good evening, Chair, Vice Chair, Board members. My name is Cody Sisk with the planning and zoning department. I've been sworn in, and the official packet has been submitted at least five days before today's hearing. Madam clerk, please enter that into the record. Today's application is for 500 seating property, and it's a parking variance.
The project number is B25Dash192. This is a request for variance to allow reduction in the required parking for recreational use for jump start boutique fitness studio. The request is to grant variance for three parking spaces to section one fifty eight point two two one c dash 17 of the zoning code. The zoning code indicates there's one space is required for each 200 square foot of gross floor area for recreational uses. The proposed use jump start will lease one unit out of Building 1 for a total of 1,120 square feet.
The subject property is 3.36 acres total and is located on the Northwest corner of Northwest Stadium Drive and Northwest Peacock Boulevard. The property is on service commercial and consists of two buildings, both being office and warehouse use as per the site plan. Building 1 has 15,344 square feet of warehouse space and 3,264 of office space for a total of 17 warehouse space. And Building 2 has 13,376 square feet of warehouse space and 3,072 of office space with 16 warehouse space. The site is parked at a ratio of one point five hundred or one space per 500 square feet of warehouse use and one space per 200 square feet of office space for a total of 90 required parking spaces on-site while 96 spaces are provided.
This equates to a ratio of one space per 365 square feet of building space for provided parking. The property owner has lease agreements with the tenants who exceed the the amount of parking provided on-site. The other two applications are shown here, and I'll go more in-depth when we get to those applications that are following. But they are parking variances as well for another recreational use, and then the other one is a parking variance for a physical therapy office. A parking demand analysis was submitted to support the variance request.
It includes a shared parking analysis that compares the time of day for the operation of each of the uses based on the ITE parking generation manual sixth edition. Based on the findings and the analysis, the site can accommodate the uses that require additional parking since the hours of operation are not during the daytime demand. The proposed jump start is limited by appointment only, and hours of operation are mainly early in the morning and late afternoon. This is the location. The property owner is 500 Stadium Property.
It's located at 510 Northwest Peacock, and per the site plan, there are warehouse and accessory office uses. This is the site plan, and at the bottom in yellow bordered in red is the location of the use. And the Planning and Zoning Board options are to motion to approve. If the Board is proposing to approve, Planning and Zoning would recommend the condition as follows: This variance shall be granted exclusively to applicant and shall terminate automatically upon cessation of the approved business operation by the current applicant. Any changes in ownership, business entity or discontinuation of the approved use shall render this variance null and void.
The Board may make a motion to deny. The Board may also make a motion to table. That concludes my presentation and I'm here to answer any questions.
Thank you. Any questions from the Board?
I have a question, Chair.
There are
three separate businesses, is it?
So this is one of three businesses. So there's a business that will be going here with the mouse in yellow and red right now. There will be a different business that would be going as a separate variance up here, the top two bays. And there would be another business for a medical office for physical therapy. I believe it's these two bays where my mouse is located.
Yes. They're similar. Yeah.
Is right. We're just talking about this one. So I'll have two more presentations for each one of the other.
But they'll be similar in nature asking for the same similar type of variance.
There'll be all
Specific to which business?
This one is specific to Jumpstart. Jumpstart.
And the research is done to support that this isn't gonna cause any kind of over parking?
Yeah. Per their parking generation manual, it shows that it could work.
Because they're using the other parking spaces.
And they're using they're operating at times where it's not as busy on-site per their analysis.
How do we know that? Because I mean, is a so commercial retail?
It's service commercial. This type plan is for warehouse and office type uses where what it was parked at. And that's the reason for the variance.
So what you're saying is the time differential is creating open parking spots that if they were all on the same schedule, they wouldn't they probably wouldn't have as many parking spots.
Okay. Well, we can defer to the applicant. Great.
One more question for staff, if you don't mind, sir. This is for jump start. Appointment only trampoline fitness studio hours of operation are mainly early morning and late afternoon. Mainly is a fluid term. Is that open to can ask what happens
the applicant that? Yeah, we can ask the applicant.
I have a couple of questions too. They're Hi, somewhat similar. Is there a way to quantify how tight this assessment is? Like are there two extra spots available at peak hours? Are there 15 available at peak hours? Do we know that?
That's it. Okay. And
then my second question is, have the other two businesses, are they here? Are we able to hear what their thoughts on this are as well?
Well, I contacted the applicant, so everyone should be here tonight to discuss each one of the separate uses.
Everybody supports us? Or do we not know that
yet? We're discussing that.
Okay. Got you.
Cody and Mary, just to confirm, if the applicants are not here, we cannot hear that item, correct?
It's been our practice to not hear the item. If the applicant is not present, we would continue it. And just to remind you, there's three separate variance applications.
The applicant should be jumpstart, correct?
Yeah. Should be, yes.
Okay. Can we ask those applicant those questions? Go ahead, Rose.
Does that eliminate regular parking spaces and handicap stays exactly the way it is? Because I know there's an ADA compliance that they have to abide by.
This will just be parking for three parking spaces or variance for three parking spaces on-site because right now all of their parking is being utilized by all the other uses per code.
So my question before I saw your slide about change of ownership and usage was going to be if something changed, then it stated that the variance would be void essentially, Well,
that could be one of our options that we would condition that if we chose to.
Right, but that's what you said in there. I mean that's what's
To approve with the condition, this would be what staff is recommending as a condition. But again, you as a board have the option to do one of the four.
Which if we move that way, then if that business jumpstart left, this variance is null and void.
It would be null and void, right. My question is, what's the requirement of the ownership to notify the city? Like how would the city know, Right, so how does that work?
Yeah, use an occupancy at time of business tax staff would be reviewing that.
Okay.
And we would catch it at that time. Got it. Well, what has been changed or what's existing.
That's helpful, thank you.
If I may also just to clarify, and I'll ask specifically to this particular business. This particular businesses has signed a lease and has occupied the property or they're pending.
I'll defer to the applicant for that to that, but from my knowledge, they have signed a lease.
Thank you.
Any other questions for staff? Okay. Seeing none, we'll move on to the applicant. Is the applicant here? Please come forward.
You have a presentation you'd like to make?
Good afternoon, Board or good evening. My name is Vanya Castro, and I am the applicant for this particular item.
And my name is Luke Lambert with Traffic and Mobility Consultants who conducted the parking analysis.
Do you have a presentation or anything?
No, I have a presentation, but we'd be happy to answer any questions regarding the Let's parking
go to that. Start with Joe, you want to answer some of questions?
Yes, I'd like to know how tight was that analysis? Obviously, you said that it would fit, it would work. Was it really tight or were there a lot of spaces left over after that?
So our analysis based on the ITE six edition of the Parking Generation Manual, it was published in November 2023. So it's the most recent national parking data available to use. In the parking analysis, we demonstrate that the parking requirements of the site as proposed for our uses would be 94 spaces. That's under what was built with the development, which I believe has 96 spaces. So with that data, we're showing that, hey, we're underparked by two spaces.
Furthermore, when we get into a shared parking analysis, that goes into an hourly temporal distribution of parking rates. That's where you could clearly see in table two that at the maximum peak hourly rates, we are expecting to see about 74 parking spaces needed for demand, so that would leave in excess of like 22 spaces at that time of day. So that's shown in the parking now.
At the peak?
Yes, at the peak.
Eric, you had a question?
How much square footage are you leasing at the building?
As in the unit, what's the square footage of the unit? It's eleven twenty square feet.
1,100 square feet. And my question about hours of operation, Limited by appointment only, trampoline fitness studio, correct?
Correct.
And mainly early morning and late afternoon. Why is that?
So the way that the classes work, you're only going to want people to come in before work and then after work. So the last morning class of the day ends at 9AM before the rush of the office building or the warehouse really takes place. And then the first class of the day starts at 05:45 as everyone's starting to leave. Because as a fitness studio, most people are at their nine to fives and they aren't coming to the gym at that time.
I have a question for you, sir. Do you have any other data on any of the other tenants that are in the building? What are the tenants are you sharing the parking lot with?
So that's a great question because our analysis uses land use codes that are identified nationwide, and so that's a big generality, right? Jumpstart is a particular business that has their hours of operation curtailed to this market. So in essence, we believe that Jumpstart Fitness would actually utilize less than what's in the study. Does that make sense?
I'll take your word for it.
Pete, you have any questions? Greg? I got one more question. This
is the perception question, but do you have the perception that it's possible that any one of these three businesses grow in the future and they would need more spots or are they all kind of where they're probably gonna be over the coming years?
So our analysis shows that, hey, with the square footages of the buildings that we're leasing, right, we're not gonna expand the buildings. We would like to not expand the parking lots. I mean, all the calculations for storm water and all that was already taken care of. So with business operations changing, we believe that this study demonstrates that, hey, site is over parked a little bit by two spaces. And then when you break down that hourly breakdown of parking demand that the site has adequate parking.
But I imagine if they are super, super successful, they'll probably need a bigger space and have to move out of this space, right?
Yes. They would have to move out of the space. We would not be able to accommodate them and that's actually a very great problem to have.
Thus if we move to make a motion, I would recommend we definitely do it with the condition. Anyway, Roche, you have any questions? Okay. Any other questions members of the Board, applicant? Any other thing to present? Okay. It's a public hearing, open to public hearing. Anyone want to speak on this item? Seeing none, close the public hearing. And I'll entertain a motion.
I'll make a motion to approve the variances with the conditions as stated on the staff presentation.
P25-one92.
Yes, sir.
I'll second.
With the conditions. With the conditions. Any other questions, discussion? All in favor say aye. Aye. Opposed? Okay. Approved. Good luck. Okay. Next item 8E. Cody. Remember, just a point of clarification, remember this is a similar situation, but it is a different item. So we need to listen to to listen to the items separately. Thank you.
Good evening, chair, vice chair, board members. My name is Cody Sisk. I'm with the Planning and Zoning Department. I've been sworn in, and the official file has been submitted at least five days before Teddy's hearing. Madam Clerk, please enter that into the record. Teddy's application is 500 Stadium Property LLC Units 101 And 102. This is a variance for P 25 Dash 193. This is a request to grant a variance to allow reduction in parking for recreational use slash your private fitness coach for gold standard fitness. The request is to grant a variance of five parking spaces to section 158.221 C Dash 14 of the zoning code. The zoning code indicates one space is required for each 200 square feet of gross floor area for recreational uses.
The proposed use gold standard will lease two units out of Building 1 for a total of 2,240 square feet. The subject property is 3.36 acres and, again, is located Northwest corner of Northwest Staging Drive and Northwest Peacock Boulevard. The proposed the property is owned, serviced commercial, and consists of two warehouse office buildings. Building 1 is 15,344 square feet of warehouse space and 3,264 square feet of office space and has a total of 17 warehouse space. Building 2 has 13,376 warehouse space and 3,072 square feet of office space with a total of 16 warehouse space.
The parking the site is parked at a ratio of one space per 500 square feet of warehouse space and one space per 200 square feet of office space for a total of 90 required parking spaces, and 96 spaces were provided on-site. It provides a ratio for provided parking of one space per 365 of building space. The property owner, again, has lease agreements with tenants who exceed the amount of parking provided on-site per code, and the other two applications are shown here. We just talked about the p 25 dash one nine two, and the other application is for the physical therapy office, which would appear in another application. A parking demand analysis was submitted to support the variance request.
It includes a shared parking analysis that compares time of day for operation of each of the uses based on the ITE parking generation manual sixth edition. Based on the findings and the analysis, the site can accommodate the uses that require additional parking since the hours of operation are not during the peak daytime demand. The gold standard is limited by appointment only with the owner. This takes on clients one on one and one hour increments and has classes limited classes Monday through Friday between seven and eight. The property owner is 500 Stadium Property and is located at 510 Northwest Peacock Boulevard, and the site plan indicates that there are warehouse and office uses.
The future land use to the North and to the South is light light industrial and service commercial. To the East is open space recreational, and to the West is light industrial, open space recreational, and institutional. The zoning to the North and south is service commercial, to the East is general use, and to the West is warehouse industrial. This is a site plan that shows the location of the two bays for the proposed use. And the board has the options to make a motion to approve, approve with the following condition and the variance, the condition reads that this variance shall be granted exclusively to the current applicant and shall terminate automatically upon cessation of the approved business operation by the current applicant.
Any change in ownership, business entity or discontinuation of the approved use shall render this variance null and void. The board may also make a motion to deny and also make a motion to table. That concludes my presentation.
Thank you Cody. Before we move forward, did forget to ask any ex parte communication left or right?
None.
Great. Thank you Cody. The applicant is here.
Once again.
Hi, Bonnie.
Vanya.
Vanya.
Vanya.
Vanya. Vanya. Vanya. And Luke Lambert. Any presentation?
We have no presentation for this. We'd be happy to answer any questions.
Okay, great. Any members of the board wish to ask any questions of the applicant? Okay. Seeing none, this is a public hearing. Open up the public hearing. Any members of the public wish to speak? Seeing none, we're gonna close the public hearing and call for a motion.
I would put forward a motion to approve. Believe, correct me if I'm wrong, we are on it eight d? Just
eight d. Okay.
So that would be P25Dash193 SLW. I would put forward a motion to approve as stated with the proposed conditions. Second.
We have a motion and a second. Any other discussion? All in favor say aye.
Aye.
Any opposed? Congratulations, you've been approved. Okay, 8E now. Before we move forward, any ex parte communication left or right? None.
Cody? This is a public hearing. We're open.
Good evening, Chair. Hello
again.
Vice chair, board members. My name is Cody Sisk, and I'm with the planning and zoning department. I've been sworn in an app or the official file has been submitted at least five days before case hearing. Madam clerk, please enter that into the record. Today's application is 500 Seating Property LLC Units 103104.
It's P 25194 is the application number. This is a request for a variance to allow reduction in the parking required for recreation use for a medical use for physical therapy office. The request is to grant a variance for four parking spaces to Section 158.221C-fourteen of the zoning code. The zoning code indicates that one space is required for each 200 square feet of gross floor area of medical use. The proposed use physical medical will lease two units in Building 2 for a total of 2,080 square feet.
The subject property is 3.36 acres and is located on the Northwest corner of Northwest Stadium Drive and Northwest Peacock Boulevard. The property is on service commercial and consists of two warehouse buildings warehouse and office buildings. Building 1 is 15,344 square feet of warehouse office, 3,264 of office space, and a total of 17 warehouse space. Building 2 is 13,376 square feet of warehouse space and 3,072 of office space with a total of 16 warehouse bays. The site is parked at a ratio of one per 500 of warehouse space and one per 200 of office space for a total of nine year required parking spaces while 96 were constructed.
This provides a ratio of one for 365 of building space. Property has the property owner has lease agreements with the tenants, and you've heard these other two applications before. Parking demand analysis was submitted to support the variance request and includes a shared parking analysis that compares the time of day for the operation of each use based on the IT parking generation manual, sixth edition. The property owner is 500 Stadium Property. This is located at 510 Northwest Peacock Boulevard, and the existing use is warehouse and office spaces.
This is the location of the proposed use. Again, the board has the options to make a motion to approve, make the motion to approve with a condition as follows. This variance shall be granted exclusively to the current applicant and shall terminate automatically upon cessation of the approved business operation by the current applicant. Any changes in ownership, business entity, or discontinuation of the approved use shall render this variance null and void. Make a motion to deny or make a motion to table.
Thank you. Any members of the board wish to a question?
Cody, that conditional language is pretty standard for any fairly standard for any time there's
I've seen it in one other application that I've seen it once that I can think of.
I would think for any kind of a parking variance like this, that would be included all the time, right?
So that's a great point. We have used this condition for other like shared parking, like site plans where they're sharing parking off-site. And we just modified it a little bit for this situation. So yes, correct.
Thank
you. Thank you, Pete. Any other questions members? Okay, Cena, thank you, Cody. Is the applicant here?
Thank you.
That's a little easier.
Know, Luke. Alright. Presentation or just here to answer questions?
Here to answer any questions.
Okay. Any members of the board have questions for?
Sure. Have a question.
Go right ahead.
You're the owner of all three businesses?
My bank account wishes I was the owner of all three businesses.
Sure.
No, I am here representing the landlord, the property owner, but we do have Marvin here who is the owner and operator of FISCO.
Because this one is a little bit different. Physical therapy clinic is going to be operating a tablet differently than the other ones.
Is Marvin here?
Yes.
Marvin, can you step forward? Marvin, you've been sworn in? Okay. This might be a question for you.
It's 2,080 square feet that you're leasing. Are you the PT?
We will have a PT. Yes. I'm not the PT. Okay.
Do you intend to have more than one PT? How many clinical staff?
So the way this physical model works is it's spelled differently on purpose. It's kind of a whole picture. And it's a different model. It goes against the traditional physical model of 25 patients per day per clinician and all that. So the purpose of physical and one of the focuses they have is on balance, for instance. Balance therapy takes a long time. It takes like an hour. So we can't have multiple therapists running at this exact same time. So we're not going to have a high, you know, there may be two clinicians, and I mean staff, altogether at any given time. It's not, a lot of it can be done like remote, for instance, a lot the work that I'll be doing will be answering calls through some remote services that we have and things like that.
So I won't even be in the building all the time. So it's a relatively low count to begin with on the staff end. And then from the patient load, it's really low. In fact, I'm not sure why we're called medical in a lot of other instances with of other owners. They've been fit into a retail business or even retail office space. That's kind of the classification. We're not a medical office per se.
What's your position with physical
I'm one of the owners of the franchise.
Franchise like this specific location?
This one, yes, sir.
Okay. But you're not a clinician?
I am not, no.
And so the reason I'm just asking so many questions, I'm a PTA as well, And so
I, you
know, I understand how these outpatient clinics can work. Is it an outpatient clinic?
It will be.
Yes. Yes. Okay. And so, you know, is it a nine to five? Because I do know that some of these outpatient clinics operate from seven to seven.
So we will not operate that way. We're going to have to just use an appointment schedule is really what we're trying to focus on. We really do not want to have a crowded clinic, and we're trying to make it so that it's more on appointment basis. I was looking at some other models from some folks and some of the other franchise models that are throughout the state and even throughout the country. That is a very possible model to have with this and it's something that we're actually targeting. We do not want to have like an open door where it's like, oh, back to back patients and that sort of thing. That's not how this model is going work at all.
So is there something in your business plan that will guarantee that there's not going to be mill type of PT clinic? How many mats do you intend to have evaluating therapists, PTAs? Are there athletic trainers, occupational therapists, coders, anything like that?
So initially, we'll start out with just the one PT. We won't move into a PTA until we there's actually it's going to be a while before we can reach that. They have models that suggest that we should be hiring a PTA at 75 patients per week. That's way off from our model.
Per week.
Per week. That's, you know, so in a traditional model, if you go to like a Premier or anything like that, or a Cora, they're putting 25 per clinician with four or five clinicians plus PTAs. And you know how the billing cycle works with this. The PT can only work on certain parts of that session, the PTA can only work on another part of it. So you understand, like, they can actually double up on we won't have the staff to be able to double up on that.
I see based on my math, if you're operating five days a week, that's 15 patients a day.
So that's to get to the PTA. That's when we have to hire a PTA. We're not necessarily looking to get to that person right away. Again, it's a quality thing. It's not a and I know you're a PTA, you understand this business. There's the mill scenario is what basically is quite frankly, is why people don't like going to PT. So, we're trying to stay away from that. We are trying to rub against that kind of dynamic that's already been there.
Yes. My only concern about this is that it's out of the three businesses presented, my opinion is that this is the only one that might and of course I am all about practice, Fair enough.
I would hate to see and be felt responsible as a board member for the Planning and Zoning Board to be driving down Peacock Boulevard, one of the main thoroughfares on our and and to see people parked on the grass because your your patients, you
know. Right.
So I'm that's just my concern. And and I don't know if there's some way that if the board has any any input, that's my concern. And so I'm just trying to ask questions to understand.
No. That's that's a
Hours of operation, what's the model?
It'll probably be nine to five just because we have to have an hours of operation. But that's really we're probably going to start using Saturdays as our kind of as a backup because a lot of patients that we have will not be able to you know deal. They can't come on, a lot of times they can't come during the weekday, so we're trying to do nine to five. But here's the big but on that, is our intention with this is to evaluate based on our patient load. So, if we have to have nontraditional hours, say seven to seven, but stretching out the patients towards the kind of the non working hours, the non nine to five hours, that's what we're going to have to do.
Yeah, mean, there's no shortage of demand for physical therapy services in Port St. A lot of the PT clinics I'm aware of operate at least eight to five, if not seven, three days a week or eight to six, five days a week. What is in 2,080 square feet, what is your maximum patient caseload on a weekly or monthly basis?
It's hard to say. If I just used the generic model that try to stick to, which is 12 per day per provider, I would have to say again, that's really hard to predict because let's just say I had three providers. Again, you as a PTA understand the billing cycles. Like they cannot touch you know, there's certain parts where the PTA can be involved with the patient and has to be the PT on some of the other billable hours. So, it's hard to say. If we won't have three PTs, I can't afford that, That's for sure.
Your billing will provide for your practitioners.
Right.
So in a square footage of 2,080, it's not a huge space.
No, it isn't. So that's why I doubt we would, I mean, I think if we were looking at three PTs, not just PTIs, but PTs, okay? So we're building under their codes and everything. I mean, if we were at that point, we wouldn't want to be in that building because we're probably pushed ourselves out. And that provision here that, you know, I don't want to be there, because I don't want my patients parking on the grass and having to park all the way down. Again, these are, you understand, a lot of them have ambulatory issues, so making them walk across a parking lot is not going to be good for business. You understand this. So I don't want to have to have a golf cart grabbing people and bringing them in ice.
The thing is also is that we're are we impeding on the parking capabilities of other businesses in the plaza? That's all.
That's a fair question. And again, they did a parking analysis that supported our presence there with a patient load that's even above what I'm speaking to. So, again, this is one of the things We came into this opportunity in '21, had gotten laid off, looking around for an opportunity. I really wanted a non pharmaceutical intervention. We came into the physical therapy franchise. We were all excited about it. The good thing is that Port St. Lucie benefited from one of the largest growth in the entire country. Florida became a very nice place to move to. And so, part of the problem is the zip codes that we bought our licensing in experienced some of the largest growth.
So, there are no tip in a traditional situation. You buy a, you go into a second gen building where the rent factors are much lower. I'm paying rent for the, you know, I'm using this as an example, but the two by four that was $2 is now $8 and That's what I'm paying rent on. So, we found a place that worked for us that was able to get approved by a corporate and it has the right amount of space. Allows us the fluidity of having space with the patient load that we want. Realistically, we probably should be in a 4,000 square foot place, but we cannot afford that, nor is that available at our rates. And so, this was one of the best options for us. Yes,
One question. You just stated that you should probably be in a 4,000 square foot space. Why is that?
Cause we can't afford it. Because there's no avail Well, there's no availability. That's the primary thing.
You should be. Why?
Well, just because they If we really wanted to grow into a place and not have to move again, that's why you would want that. The idea is you stay You wanna become a brand recognized entity in the community. You don't want to keep moving around a bunch of times. So if you had 4,000 square feet, you grow into it and you're there for a while. Sure.
Thank What was your name again? Marvin. Marvin, so it's your testimony tonight that at this particular point your model will not take up additional parking spot which would cause an issue based on your business model and Luke your consultants studies. Is that correct?
Yes, sir.
Okay. And that's because you have a different model where it's more finite in the type of service you're providing as a quality issue versus a quantity issue.
Yes,
sir. So in 12 or 15 per day you think you're getting is going to take up during the course of a day divided by eight, two parking spots? Yes, exactly. Plus two for staff?
If there's a second staff. So yes, sir.
Okay. Any other questions? Mr. Yeah.
I have one more. How long did you sign? How long was your lease that you signed?
We signed in the summer, I want to say July.
For how long?
Five years. There's also another point you're bringing up something I just kind of thought came to mind. The ramp up model for this to get to even like the 75, they look at this and they're saying they're thinking close to three years because of the way the referrals work and building up the community and the relationships and that sort of thing. It's not a common physical the brand itself is not very well known and especially here in this part of Florida anyway. So they give us they build in time for us to ramp up to a true, like even second PT and third PT, if that's even if you even get to that point.
So we would know if this was even going to be a problem, we would know well, very close to the end of our lease anyway. So, we're not talking about if we even had an issue, like, God willing, my problem is I have to move out. Wish it was that good because everybody would buy into it, but it's not.
Sounds great, and I know medical tenants can be very sticky. They want to stay in one place. You have a lot of equipment that you put in place. Make it a good place. Medical tenants are historically known for wanting to stay. Your patients know where you are and where to Exactly. Kind of thing. So very good. Thank you so much for entertaining my questions.
Problem. Do you have a question?
Yeah. I've got one question for you, sir. What was your first name again?
I'm sorry. Luke.
What was your last name?
Lambert.
Lambert, okay. Just jog my memory here. You had said at peak, you imagine that we would be using 74 of the 96 spaces leaving 22, correct?
Yes, sir.
Okay. So if my math is correct, even if he had the four that he was talking about and he grew to 75 and had those four, let's just say five or six because he just goes out of the park, we would still have two thirds or three quarters of those empty spots remaining, correct?
Yes, sir.
Okay, thank you.
Is that the entirety of the parking lot?
So yes, that takes into account the entire parking lot and the uses that were identified in the study. And I think we've touched on some great aspects of specific business operations per unit. I don't know your business, sir, but your goal is to have 100 booking, right? This parking demand analysis goes through and covers all of that. And I just would like to point out, more and more nowadays, there's also ride sharing. A lot of patients get dropped off. If you're going to PT and you're Which driving like
is not as great example of ride sharing, don't think, or maybe being dropped off. But my question about tenants, the other tenants in the building, think is incredibly important because we need to know what type of businesses also. Are they going to be the same types of businesses? Because I understand about the fitness model, the other workout gym where there's primarily traffic early in the morning and late in the evening. And then the other business makes sense.
But this one, in my opinion, and in my professional experience, there's a demand for physical therapy. There really is. There's a shortage of clinicians, and a practice like this can grow very quickly. And like I said, I just don't want to be part of the board that approved a business that's just going to squeeze all the other collateral businesses in that retail center or that professional center out of their parking spot.
I hope you do.
I really do. I hope you're successful, but I just want to make sure we're planning correctly.
Any other questions from members of the Board? Seeing none, thank you. This is a public hearing.
Member of
the public wish to speak, please move forward. Mr. Harvey.
Do you swear or affirm that the statements made today will be the truth, the whole truth and nothing but the truth? Thank you.
Sorry, just before per of the resolution for the boards and committees, we do allow alternates to speak on the record. So for quasi judicial however, alternates are speaking not as their role as alternates, but as members of the public, so should be treated as such.
Thank you. Thank you, Mr. Chairman. Doug Harvey speaking as a member of the public. While the board did not include hours of operation in any of the previous variances, I think this one is a little bit different.
And I appreciate the Board's concern and discussion about this. One of the things that I would like to bring to the Board's attention as you deliberate on this is that this truly is a different type of an operation. And while this building was never actually constructed to be used for this purpose, I think reuse of buildings is one of the most important things we can do in in our society today in the built environment, and it's an important part of what we do. But I also think that we have to ask ourselves what is truly appropriate for the use that the building was designed for. In this particular case, we have a building that was designed as a warehouse with a small office in the front, such as for a contractor's operation or perhaps someone that warehouses products that may once in a while have people coming into their office for discussion.
This business is intended to operate at the same times as all of the other businesses in this building. And the one thing that I would like to make sure that the Board is aware of is that, under the Florida Building Code, the Florida Accessibility Code, section two zero eight dot two dot two, actually does require for a physical therapy facility that 20% of the parking spaces are accessible. And I I think that might be a problem for this. Now it could be that they may need a variance to that, but, I believe that that would have to go through the Florida Building Commission. I don't think that this board would have the authority to issue a variance to that under Florida statute five fifty three.
But it's just something I wanted to bring out that it was never the intent of the original design of this building to be used for this purpose. Thank you very much.
Thank you.
Mr. Chair, if I may, the comments are duly noted. I will tell you that staff has counseled the property manager. They own three of these sites that although the relief is their way forward now, they have three different buildings. And we've encouraged them to look to lease these sites to the uses the buildings were designed for because you can't park on the grass, right?
Sites cannot be expanded to add more parking, and they were developed specifically as office warehouse. So it's we're here to support, but they have finite parking. So hopefully, they move forward and find other tenants for their other buildings, they'll also be mindful of how they're marketing it. So you don't find yourself in this position for 30 more units.
Pete, do have a question?
No, think Mary, that's a good point is the tenants need to fit what the building purposes. So that's all.
Okay, Eric.
I'm sorry. I'm full of questions.
Eric, you're good.
Mary, am I off base here being concerned about the parking issues that these one of the three businesses might stimulate?
So the board has testimony in front of you. You have a parking study that indicates that there's an availability of parking. So you need to evaluate that. We're suggesting a condition that if the use changes, that the variance will be null and void. If the uses approved on a site end up cannibalizing each other's parking, it's going be a problem for the parking for the property If they start parking on the grass or on the road, that's going to become a code enforcement issue. So I mean, I think at a certain point, if they outgrow the site
Yeah. Okay. So there's some natural stops in place.
Ideally. I mean, that's why the conditions
Their business grows.
Right. If somebody we hope that they're successful and they outgrow the site.
Yeah. Same here, of course. And if, for instance, you'd mentioned there's no parking on the grass, it would be a code enforcement issue, right? If there's conflict from one tenant to the next, that's going to be a problem for the property manager. So there's some natural and the gentleman's public remarks made sense to me where this is a mixed use type of building where it's warehouse and office. But I mean, we do a lot
of That's what it was intended for. It was intended for someone who wanted to have a warehouse in a small office area. And it was developed like that and parked like that. However, these other uses can go in there. And so that's the challenge that we have.
Okay, thank you. I have one question. The gal who spoke earlier and I'm sorry, you've said your name seven times now, I'm already feeling here. Lavanya, thank you. Did you say that you're here representing all three businesses?
I'm representing the property owner. I am the property manager for the site. And I was the applicant for all three of the businesses.
Okay. Do we have any way of knowing how the other two businesses feel about this one getting approved?
Yes. So we did receive so one of the conditions that staff had asked me was to go to all the businesses that are currently on-site and get their written approval. And in that letter, I did get all of them to approve the three different businesses that were going to be coming into the Plaza Center.
Mayor, is that part of the record? It's in the application? If it is, then it's part of the record. Correct, Carly. Am I correct with that statement, Carly?
Yes, and I'm just checking to see
if it is in the It's
in the record, but I don't think it's in your legislator item.
Okay.
It's actual in file.
Is that acceptable for us to accept that testimony?
Yes, as long as it's part of the record.
Thank you. You.
Perfect. To your question, Joe?
Yep, I appreciate it. Thank you.
And to your point, as the property manager, I would I work on-site at 500 Stadium, and I would not allow any type of parking on the grass. We want to make sure that the plaza itself is managed accordingly. As a resident of Port St. Lucie, I also want my city to look beautiful, and I don't want to be getting calls from really angry tenants at, you know, 08:00 at night.
Just a point clarification, Carly, again, code enforcement could, if there were parking, could up to and including towing of the vehicle. Correct?
I couldn't answer that off the top of my head. I'm not sure exactly what resources are available to code, but if it is in violation of our code, they would be able to at the bare minimum cite them, cite the property owner.
Thank you. Mr.
Chair, so Mary, while we're supposed to consider variances individually, isn't this a case where you almost have to consider them together?
So that's a great question. You have a parking study that evaluated the site as a whole. So you do have the entirety of the documentation.
But Vanya, just a quick question I have. What's the occupancy rate right now of that specific?
We're 75% occupied.
Okay. So it's not 100% yet?
No. And our brokers do have clear directive that the only tenants they can bring us, the only prospects are office warehouse. So anything in the service industry, such as a GC or an HVAC company, tenants that are actually within the intended use of the plaza.
And what's the square footage that is unoccupied or unrented?
I don't know that off
the top of my How
many units are not rented?
I have 14 units that are not rented.
That's 14 units.
Let's say a thousand let's average them at 1,100 square feet.
Guess the point I'm looking at right now, you know, I want you to be 100% occupied. But in the near future, there's 14 units that aren't occupying the parking spaces.
Currently, yes. But I do believe that the parking study and Luke correct me if I'm wrong took into account if the whole plaza was at 100%.
It was at 100%. Correct. That's what I understood too. Thank you. Joe?
Well, I'm sorry. You go ahead first. Okay. So when you're talking about that 74 at peak, are you assuming that all 14 of those are filled or are you assuming it's at the current 75 occupancy?
Yes. So as part of the study, we listed out the current tenants in the square footages associated with those. So the vacancies, it's about 18,000 or 19,000 square feet, I believe really quick.
Of vacancy?
Yes, of vacancy. And so when you look at the shared parking use analysis, there are assumptions for those existing uses. If those would change, we would do another study to do any demonstration that would be necessary.
Okay, so those 14, you've made assumptions for those and that's calculated into that 74 a peak?
Yes. And those are for the proposed use of the warehouse.
Beautiful.
Thank you.
As the property manager, can never the tenants, it may be a stupid question to ask, but they can never do like assigned parking for any specific tenant.
No, we do not allow assigned parking within our leases.
Thank you.
You could theoretically rent to a pest control company that has 20 trucks, correct? And those trucks would sit there?
No. So we wouldn't allow that type of use because of their parking requirement. And they do require their trucks to be there overnight, and we don't allow any overnight parking in the plaza.
Okay. So you would just you would make sure that your tenant fits?
Correct. They fit within what we're looking for within the plaza.
Great. Thank you.
You're welcome.
Any other questions? Members? Okay. This is a public hearing. I open the public hearing to the public. Anyone else have any questions or comments? Okay, I'm going to close the public hearing. I call for a motion and discussion.
I make a motion unless there's any other discussion. I'll make a motion to approve P25-one Hundred 94 SLW 500 Stadium Property LLC Suites 103 To 104. Second.
We have a motion and a second. Condition.
With the condition, excuse me. With the condition.
Can you restate that again?
Yes, will. Let's make a motion to approve P25-one Hundred 94 SLW 500, Property LLC, Suites 103 To 104, variance with conditions stated on the agenda. Second.
Second. We have a motion and a second. Any other discussion? All in favor say aye. Aye. Any opposed? Okay. Good luck. Okay. 8F. Before we move on with staff, left or right, any ex parte communication? None? None. None. Okay. P25-one95. Sonia? Good
evening, Chair, Vice Chair and Board members. Sofia Trail with the Planning and Zoning Department. I have been sworn in and the official packet was submitted to the city clerk's office five days prior to this public hearing. Madam clerk, would you please submit the packet into the record? P25195 is a special exception use application known as sixty five hundred Salvatz Incorporated.
The applicant is Manuel Leonor on behalf of with Nana's House Academy on behalf of the property owner, sixty five hundred Salvatz Inc. The location of the property is at the Northwest Intersection of North Mesito Boulevard and South and Northwest Salvatz Road. This is a special exception use application to add 957 square feet of enclosed assembly area to an existing 2,821 square feet of enclosed assembly area, which is operating as a day care center for a total of 3,778 square feet. Section one five eight one two four c, general commercial zoning district of our code requires enclosed assembly areas over 3,000 square feet without an alcoholic beverage license for on premises consumption to apply for a special exception use. A special exception use was granted to the property in 2006 to allow a day care center within the existing shopping plaza.
The day care is currently operating in Unit 6550 and is requesting to expand into Unit 6554 to add a classroom, kitchen, and restrooms. As a current enclosed assembly area the within the Unit 6550 is 2,821 square feet, the applicant is requesting to add 957 of enclosed assembly area for the resulting 3,778, which requires a new special exception use. And the site is located within the Parkway Shopping Plaza. This is an aerial image of the property. Again, it's on the Northwest Corner of Salvatz And Mesito.
To the north is a drainage area, and it's surrounded by single family homes. The future land use is general commercial. To the north is open space conservation. To the south, low density residential, and to the east and west, open space conservation and low density residential. And the zoning is general commercial surrounded by single family residential.
So in the red to the left is the existing day care center in Unit 6550 that's been operating. They're requesting to go to the unit right next to them which is currently vacant in blue. This is their proposed floor plan. Again, this is all existing, and this is what they're proposing to add. So they're requesting to add a classroom, an existing kitchen area, and then the two restrooms which are already in there.
The public works department reviewed the traffic analysis and determined that the transportation elements were found to be in compliance with the adopted level of service and requirements of chapter one fifty six of city code and public works policy nineteen-one. The proposed project is anticipated to generate two twelve average daily seventy eight a. M. Peak hour and eighty two p. M. Peak hour driveway trips. This represents a reduction of 35 average daily trips from the current use. The proposed use will increase the a. Peak hour and p. M.
Peak hour trips by three and one, respectively, and is not anticipated to have any significant impact to the adjacent roads. With our special exception use applications, we evaluate them against criteria as outlined in section 158,260. There are no proposed changes to the ingress and egress with this application. The site has two access points on Selvitz and two on North Mesito Boulevard. The day care center requires a parking ratio of one space per 300 square feet of gross floor area.
The existing day care has 3,427 square feet, and the expansion in total is 2,217 square feet for a total of 5,644 square feet. This would require 19 parking spaces. The overall shopping center is parked at a rate of one space per 200 square feet with a total of three zero five parking spaces. This request reduces the parking demand, and as a result, the site contains sufficient parking capacity to support the special exception request. There are adequate utilities on-site that are serviced by the Port St.
Lucie Utilities Systems Department. There's no additional screening or buffering required and no proposed changes to the existing yard and open space. The site's approved site plan and landscape plan provides adequate perimeter landscaping and buffering. The northern and western property lines are abutting drainage tracks with an open space conservation future land use designation. Both sides of the property have a 10 foot landscape buffer and a six foot high architectural wall.
And additionally, there is a point three one acre dry retention area behind the shopping plaza along the northern property line. Any signage and lighting is required to conform to the city code if the tenant intends to have any additional signage with the expansion, they would have to submit a separate building permit application. The day care center was approved with an SAU in 2006 and has been operating. The hours of operation will remain Monday through Friday, 06:30 to six. The current license capacity of the day care center is 82 students.
The proposed expansion will increase the licensable capacity to 100 students. As a board, have the option to make a motion to recommend approval to the city council, motion to amend the recommendation to recommend approval, motion to recommend denial, or a motion to table. If you have any questions, I'm happy to answer them.
Members, any questions?
I have one question. If you can bring those slides back up, there was a slide right before the blue slides. I think I get it, but I just want to ask for clarification. It was the second bullet. So it says that there's a reduction of 35 average daily trips from current use, but it's going to increase AM peak hours and PM peak hours three to one respectively. I'm not understanding.
I understand. So it's a great question. The unit that they're asking to expand to was originally retail. So that use from changing from retail to enclosed assembly is reducing well, the day care, I'm sorry, is reducing the average daily trips. But because it's a day care, they're increasing the AM and PM peak hour
trips for pickup and drop off. And drop off.
Perfect. Alright. Thank you.
Glad to see they're successful. Any other questions for staff?
right. Seeing none is the applicant here. Please come forward. Do you have a presentation?
No, sir. My name is Manuel Leonor representing the house academy.
You're the representative?
Yes, sir.
Here to answer questions? I am. Any questions for the applicant? I guess your business is doing well and Yes, sir. Glad to hear that.
Thank you.
Okay. And if no other questions, this is a public hearing. I'm going to open any questions or comments from the public. Seeing none, I'll close the public hearing and ask for a motion. I make a motion to approve B25195. I'll second. We have a motion and a second. All in favor say aye.
Opposed? Congratulations and good luck. Okay. Moving on to item G, eight gs. And any ex parte communications left or right? Pete, ex parte? None. Open a public hearing. Marissa.
Good evening, Board, Mr. Chair and Vice Chair. Marisa Davia Leshman, Planning and Zoning Department. I have been sworn in, and the official file package was provided to the clerk's office at least five days prior to this meeting. Madam Clerk, please enter the file into the record.
P twenty five zero, two zero six is a request for a sign variance. A variance of 58.07 square feet from section one fifty five point zero eight e two a one of the land development code to allow an additional facade sign totaling 75.63 square feet. The property is allowed 152 square feet of signage based on the linear linear frontage of the structure and one hundred one hundred feet along Gatlin Boulevard. Currently, there is 134.44 square feet of facade signage on the north and western sides of the building. A total of 17.56 square feet of additional signage is allowed currently.
The occupant is, Mid Florida Credit Union, Virginia Penny, is the agent. The location is the Southeast Corner of Southwest Gatlin and Waukesell Boulevard.
This is the location of the property. Here we have the zoning map. So on the North along Garland Boulevard, it's commercial. We have commercial PUD on the West, which is the Sam's Shopping Plaza area. And to the east and south, we have low density residential.
This is a future land use map. Again, have commercial and ROI along Gathlin Boulevard, service commercial and highway commercial on the West and residential low density on the East and the South. So this is the location of the current signage on the building and a picture of the two signs. So this visual of Rossa Boulevard heading north, and we also have a visual from Rossa Boulevard showing the location of the proposed sign. So on Rossa Boulevard, you would see all hindrances and the constraints that they have.
We have the wall, which is required by code. We have trees. We have utility poles, utility lines, parking, landscaping.
So this is the proposed signage and the proposed location on the south, it will face residential. It can afford it.
Thank you. Do do you mind going back to the the last slide with the elevation? And just to clarify, so this would be on the back or what I believe to be the south side of that property. Correct? Correct. And then there are existing signs along the northwest and west Northwest side of the the tower that's shown on left side of the south elevation. Yes. K. So there'll be a total of three signs. Correct. K.
So staff findings. The property is allowed 152 square feet of facade signage based on the linear functions of the structure along Gatlin Boulevard. There is currently 134.44 square feet of existing signage on the north and western sides. The total of 17.56 of additional signage is allowed, and the request is for a variance of 58.07 square feet to allow 75.63 square feet of the facade signage on the southern side of the structure. So your holding actions tonight, motion to approve the variance, motion to approve the variants with conditions, make a motion to deny, or make a motion to
take it.
That's the end of the presentation. Do have
any questions? Marissa, you stated earlier, do have the they're entitled to put two monument signs up. Correct?
They are.
Why don't they do that?
Because the site on Rossa Boulevard is hindered, by landscaping, utilities, power lines.
So they'd have to pull up the landscaping to
put They a monument sign would also lose some parking because a 10 foot setback is required.
So the solution is put it on the building that's already empty?
All right. Any other questions, members? Seeing none, thank you, Marissa. Is the applicant here?
Good evening.
Good evening.
I do have a presentation. I'm Gina Penny with Atlas Signs, and I'm representing Mibb, Florida. We're seeking relief from code section 15508E2A, less than 10,000 square foot building, which allows 32 square feet plus 1.5 square feet for each additional linear foot of frontage. Granting approval of this request would capture the attention of vehicular traffic traveling northbound on Rosser Avenue prior to passing the back entrance. I put in a little bit of history.
They were founded in 1954 with just 10 members and a shoebox. The Florida Credit Union was built on the belief that people deserve a better banking experience. What began with a teacher's vision has grown into a statewide credit union serving more than 480,000 members through nearly 65 branches. Today, we combine the strength of an 8,000,000,000 institution with a personal service that puts members first. MIP Florida also gives back to the community.
They have year round commitment to giving back through charitable initiative and hands on volunteerism, guided by the credit union's philosophy of people helping people. Their employees actively support uplift communities they serve. They also gift reading books to kindergarteners in their area. They launched this in 2006, and they continue to create a joyful moment while giving back. On to what I'm asking for.
The proposed bank parcel, the parcel is on 1.65 acres with a total business space of 5,270 square feet. These are the existing signs. It's very similar to what you all have seen already. The wall sign on the north elevation is 62 or 67.22 square feet, similar wall sign on the west elevation or exactly the same. And then the ground sign that they do have is 32 square feet and that's visible from Gatlin.
Just a quick quick, the ground sign on right side of the slide, the 32 square feet, that's a single sided, there's no sign
on No, it's double faced. But it's
Okay, there's four signs. There's four total signs, correct?
Yeah. No. There's currently three total signs.
But I mean, if if the one on the right, the ground sign is a sign on both sides. Correct?
It's double faced. Yes.
Okay. Double faced. Okay. So that's that'd be four four logos. Correct?
How long has this branch been there?
Honestly, I don't know that off the top of my head.
I'm just curious the impetus of doing it now. Mean, I can't imagine.
They're not getting that service from Rosser. There's been complaints that they are not seeing the building.
So customers have actually come in and said, didn't know Mid Florida branch was here?
That's what I've been told. Yes.
I can't imagine.
I'm sure that
they know once they pass it, but they were complaining about the visibility of
So just
the entrance is before the sign. So you can't see when you're heading down Rosser, you can't see the sign.
Yeah. I mean, don't particularly have a problem with this. It's just kinda to me, it's kinda strange that it's coming up now that that's been there forever. Yeah. I just can't imagine that Probably because
Fort St. Lucie is growing and Yeah.
Maybe. People need to see it. I just can't see it's going to make a difference, but I guess it's certainly within the right to ask for the variance.
Any more questions before I continue? Continue. This is the wall sign that we're proposing on the south elevation. While this site is permitted an additional ground sign on the west elevation, the lot configuration limits its effectiveness. Due to the location and orientation of the entrance, a ground sign in this area would not be visible to motorists until after they have passed the property entrance reducing its value for wayfighting for customer safety.
But you have to pull up the landscaping?
Yeah. There's a lot. Right. And I don't
We don't want you to
can because it's required by code.
Right.
So that would be a different variance. Request for exception for sign area. Mid Florida Credit Union is requesting an exception to the allowable aggregate sign area. The existing allowed aggregate sign area is 152 square feet. The proposed non illuminated sign measures 75.63 square feet, and the two existing signs total 134.44 square feet, resulting in a combined proposed sign area of 210.07 square feet.
This exceeds the maximum permitted sign area by 58.07 square feet. The requested variance is consistent with the intent of the sign code by promoting public safety, improving wayfinding and supporting efficient traffic and parking circulation. The proposed signage is consistent with establishment Florida branding standards and is appropriately scaled to the building facade, maintaining a cohesive and compatible appearance. Strict application of sign regulations will limit allowable sign area and reduce visibility for this site depriving the business of reasonable signage exposure. Separate identification signs are necessary to clearly identify the business and to provide effective wayfinding for customers approaching from multiple directions.
The requested variance represents the minimum relief necessary to maintain adequate visibility, allow the Mid Florida Identification Sign to function as intended and support the continued successful operations of this site. Thank you for your time and consideration.
Thank you.
And I'm here if you have any questions.
Miss Penny. Any questions for the applicant? Any other questions for the applicant? And just to confirm, this sign will not have any lighting?
It will be non illuminated.
Okay, great.
I made sure of that. I would not want to be the resident having to look at that.
We'd be concerned about that. Yes. Okay, no other questions? Is there this is a public hearing. Any members of the public wish to speak or comment on this item? Seeing none, we'll close the public hearing. And before we make a motion, not that I think Mid Florida is going anywhere, should we condition this on this business and use?
You have the right to add a condition if you would like, that's your discretion.
Just go into the I
mean I think one thing I would ask the board to think about is if a different business goes in there, if they use the same building, they could potentially have the same constraint with the wall and the landscaping on Rosser. They're allowed to have another monument sign, they just can't fit one in.
Okay.
So, but you as a board, if you wanna place a condition, go ahead.
I have no. I didn't mean to wait. All right. Is there anybody who makes a motion?
I'll make a motion to approve item number P25-two06 Mid Florida Credit Union Facade Signed Variance Project.
I'll second.
We have a motion and a second. All in favor say aye.
Opposed? Aye. Congratulations and good luck.
Have a great night.
Thank you. We did the oath of offices. We now have sunshine training. Sounds like fun. Hey.
Except for 20. That was my bet.
You know, Jay would have been in good time.
Well You didn't
ask all those freaking questions.
It was his fault.
It was my fault. You're right. It was me. I did ask a lot of questions. Full of hot air up here, man.
He he
thinks that
the old person got all
For the sake of time, Mary, do we wanna see if
the board wants to swap the two items, and I can upload it. The only other item left is voting.
Yeah. Well, we get the PowerPoint straightened out. I also do other point of new business. Thank the board for providing a quorum for the special meeting, January 20 at 06:00. We did continue two items to that meeting. So I hope that you all mark your calendars and remember to come to that meeting and it will be here. And I do thank you for your flexibility in agreeing for that meeting.
For that meeting, will we get extra pay?
Double pay.
They will double our pay?
Double pay, double pay. And now while we're still getting the PowerPoint up, would you like to do your election? We can
move on to elections as to not waste too much time and then I could do the presentation at the end.
What do you want to do? Chair first?
Clerk is going to lead you in the election.
Yes. So we can go ahead and vote for chair and then I will come around to collect all of your ballots and we'll tally them one by one.
Okay. So everybody, you have the ballots in front of you.
We bubble or do we x or is it check?
Are there nominations or we just bubble check? How's it?
What's that?
Do are there nominations? Do we what's
don't typically have nominations, but if anyone is interested in the position of chair and would like to vocalize that, you can. But no, there's no nominations.
Okay. So I am interested as acting chair to become chair. Remember, pass one forward. You have three votes we're making tonight.
Hang on to Louise, and we'll
come back.
We'll fill them
all three.
Don't don't do them all. Okay. We'll do them all. One a time.
If there's one, we'll get elected.
As we're finishing up the next ballot is for vice chair. We have to wait. We should wait until you have to wait until
Yes, think that the clerk would like to wait to see who is elected chair so that way people could save the vote for the next position if that person has been voted chair.
I've that mistake before. Yeah.
That's why Carly is here.
So typically for boards people vote unless there is some sort of conflict of interest, I apologize, that would lead to there needing to be an abstention. So is it because this is your first?
It's because I know one person. Yeah. Don't any other strengths or weaknesses.
Okay.
I put abstain. But if you want me to guess, I'll guess.
Yeah. Typically, we do require all voting unless there is a reason that's and normally, that would be some sort of conflict of interest, which wouldn't be in this situation, it would be another. But I appreciate your concern as to why.
So am I required to vote?
Yeah. He's acting as a voting member.
Acting as a voting member.
That's fine.
There, Joe.
Part of your appointment is that you're required to vote on all items. Right. Unless there's a conflict of interest. So
Fair enough.
It's kind of a tough position. Yeah. It is, but that's the rule. You can write your name in if you want. It's the
last name
I'm putting.
But ultimately, rhetorically, do we ever really know anybody? Right?
Yeah. There's the internet. There's the
internet. You
know how the internet's true.
Right? Exactly.
Hey, Blinken says so.
Okay. So the results are for mister Norton with seven votes and mister Prevot with one. Very good. Mister Norton is Congratulations.
Congratulations. Alright.
I just Kim? Another point of information. Pete, is yet to play me in pickleball?
You you're gonna be going down. Alright. I'm gonna videotape it. So
Vice I did get the gold medal. That's true. Vice chair, please record your vote. Is there anyone who want to express an interest?
I would like to, you know, serve in that role, but,
Okay.
Anyone else?
Thank you. We're making you work.
Find trouble again?
Okay. And the tally is Mr. Pettibon with five, Mr. Previt with one and Mr. Reckenis with one. Mr. Pettibon is Vice Chair.
Congratulations. Congratulations. Right. Chair Pro Tem, Anyone want to express interest in chair pro tem? You can't, Craig.
No. I'm just I'm looking to see who who
Alright. What is the chair pro tem again?
Carly?
That's a great question. So the order of operations is its chair and if the chair is absent, then it goes to the vice chair. And in the situation that both the chair and the vice chair are absent, then the chair pro tem would be acting as chair.
I would gladly volunteer for it since I've been the chair before and since it would be a relatively smooth transition, I'd say.
Cast your votes. We got the abridged version here, Carly?
Hopefully it will be quick. I think Mary has one more point.
Don't forget, you still have to do the SPRC representative after you're done with your officers, which is quite possibly the most important role. Same.
What are the requirements of that role?
Keep Anne happy, no.
Explain the role there, Anne, please.
The meetings are twice a month. They're Wednesdays at 01:30. The the second and fourth Wednesdays are Zoom meetings, so it's, you know, in person. And it's basically, you know, the items on the agenda are all available, you know, online to review different applications.
And just as as PRC is a site plan committee?
Review committee. Site plan review committee. Technical review committee.
Yeah.
But it's a voting member position for the planning and zoning board member.
I definitely cannot do it because I have a standing meeting.
I've had a difficult time, honestly. I I can't do it. I I've bought I've done it for the past year, but not to agree, in my opinion on that. I don't think I've been a great participant.
Usually when and it's all it's all be
in middle of the day.
How long do those meetings typically go?
Well, they can be pretty short. If it's a short agenda, they can be done in thirty minutes. Have a really long agenda or in some typically, I mean, public can come and speak at the meeting, but it's not usual.
I might
But but in certain instances, we have had public come to speak.
Yeah. I might add my input on this. It's really good for somebody who might be retired. Might be retired.
There might be a time in the future that I would be able to do it, but I got a wife home with a shoulder operation that I'll is unable be glad to down the road. I'll be glad to step up and serve. We're doing nominations.
I would fully endorse that as well, Jim.
Okay. She's gonna.
The tally is Mr. Reykjanes with six and Ms. Masserino with one. Mr. Reykjanes is chair pro tem.
right, congrats. Alright.
It's just the SPRC is just a volunteer thing, but if you wanna vote and make it official, that's fine. It's not
If if if no one else wants
to I would nominate you, Jim. I think that'd be a great
I'll second that. Nominate Jim Norton for
asking Jim, you got it.
Wait, can I ask what that means? I'll accept.
Yeah. And the and the other item too is we we send out the Zoom meeting links by email too.
Right.
But I just I need to know if if, like, the I need to know if a voting member's not gonna be there because we do have to have a a quorum Right. For that meeting.
Yeah. It's all Zoom. So Yeah. That's very
gonna be at a meeting, you
need to let her know.
Oh, absolutely. But you you always let us know pretty much it's it's on its schedule. Correct?
It is.
And I can just plug Regular schedule. Somebody just put it in my Outlook and send me Outlook links.
runs an incredibly tight meeting.
I like to hear that. Clockwork.
Okay. We please have a motion for the approval of the chair, vice chair and chair pro tem?
Okay. We need a motion to approve the chair, Jim Norton, the vice chair, Greg Pettibon, and the Chair Pro Tem as Eric Ricketts.
I make a motion to approve as stated.
I'll second it.
A motion is second. All in favor say aye. Aye. Any opposed? Ayes carry. Thanks a lot.
Alright. So I am going to go through this fairly quickly. However, I do talk very fast, and I have a little bit of a cold. So if you need me to repeat anything or if you have any questions, feel free to interrupt. So this is the yearly Sunshine Law Public Records Ethics Robert's Rules of Order training.
I'm gonna go through Sunshine Law and Public Records fairly quickly, and then we'll go a little bit more into ethics as well as our own resolution that the city has and Robert's rules of order. So quick overview, the Florida Legislature established a right for persons to receive notice of meetings, to attend those meetings, and to access the record of those meetings. This has also been codified not only into statute, but as part of the Florida Constitution. So this is a statutory and constitutional right that all people have to attend these meetings, and to also be able to review the record. So what does that mean?
What is a public meeting? A public meeting is a gathering between two or more members of any of the city council, any city board or committee to discuss a matter which foreseeably will become before them. Any time that takes place, it must be in the Sunshine meeting. If there are two or more members of any of those categories meeting on an item that might foreseeably come before that board, then it has to be publicly noticed, the public has to have the opportunity to attend, and then there has to be a record that can be inspected. So some examples of gatherings that are not, and I say not with the caveat that anything could be in the sunshine based off of the intent of what is taking place.
But typically staff meetings aren't council members attending meetings of another public board, discussions between members of different bodies, and council members attending a privately sponsored forum or a social event. Now why I say there's a caveat is if two of you are at the same if you're playing pickleball, right, and, you know and what's that?
The meeting peeping me.
Right. You said it, not me. If if you're at a pickle if you're out playing pickleball, if you're at an event, right, that there happens to be two of you are at, which we normally do be cautious with those scenarios. Right? But the scenario is not just being there, which could violate Sunshine Law. It's if two members of the board are at a social event, they're chitchatting, they're talking about pickleball, they're talking about their kids, and then they start to talk about, you know, zoning item. Right? Well, now you might have violated Sunshine. And so you have to be really careful in those scenarios because even though it's a social event, it's the intent. Yep?
Zoning item that's to be
Correct. That's foreseeably heard. I would be careful though because you can always have a situation where something can come back before you. So I would say if it's something that comes before this board, my caution is to just not talk about it at all. Again, if you're at a social event, you have kids, you have family members, you happen to be at the same place, I would just refrain from any discussion that has to do with planning and zoning.
What about council members? Discussions with council members about items?
So do you mean in terms of you're talking to one council member?
That's fine because it's members of two different boards. Now the scenario you couldn't do is you can't have, of course, a member of Planning and Zoning talking to two members. It would be them violating, not the person, exactly.
Exactly.
And this is all types of communication, this also means refraining from text, emails, or those types of things. So this is just an example of what notice looks like. It's a rule of thumb is seven days notice for a regular meeting. This is not statutory, this is just our practice. The notice must say the time and place of the meeting. An agenda is preferred but not required, but that is a practice we have here at the city. And the meeting site must be sufficient in size and accessible location so that the public may not attend. So there's actually a case law. There's a couple of them. One was a board, I think it was a planning and zoning board actually who met at like a country club that had restricted access, but all the members happened to be part of this country club.
And the court said you can't do that because anyone has to be able to walk in and to attend the meeting. The other situation, which we've had to deal here with City Council, is if the chambers cannot hold everybody, then the city has to provide resources so that everyone can either watch or attend. So you've seen sometimes we've done overflow. This happens more towards like budget when a lot of people will show up. So we have to be able to everybody has to be able to attend. Who wants to attend? And then of course, as a record, The meeting minutes don't they don't have to
verbatim. They can be action style. We do more of a a transcript. It's a little bit more than an action minutes here at the city. And just because you're videotaping, it does not take the substitute of a record. So even though we stream a lot of our meetings, including this one, we still have to make sure that we have a written record of what took place.
And written records can be written, but they can also be in PDF format, electronic as opposed to all paper, correct?
Yes. Yep. Correct. So and the way that we do it here at the city is we put them on our registrar that's accessible by the public online. Of course, anyone can make a public records request at any point for those items, but that is how we normally do it. So why is this important? So there are consequences. This is the law. So if the most common version of this is an unknowing violation. Right? So that example I gave, you're at an event, you're chitchatting, you're not even thinking about something that you're talking about. It turns out that this item somebody overheard you, they challenge it. Right? Maybe it comes before the next planning and zoning, you vote on it. Well, now that vote would be void.
Right? And that official, whoever that may be, may be removed from their position. If it's done knowingly, right? So this would be a scenario of two members of a board say, hey, let's meet up or let's call me later. We're gonna talk about this. They're doing it knowing that they're violating. They're doing it on purpose. That can actually be a criminal offense. And again, all of these can cost the city money. Right?
Our office might have to get involved. People might have to get their own attorneys to go through the ethics board. And then of course, if we're avoiding a decision, it means that decision might have to go back in front of the board. So it wastes So that's a very quick overview of Sunshine. Sunshine is very easy. What it really comes down to is just don't discuss anything that's going to come in front of this board unless you're here part of the board. Public records law. Again, simple. This is also both a statutory and constitutional rights. Anyone can make a public records request for any reason.
They don't have to say why they're making the request. They don't have to be a resident. They don't nothing. So anybody can do this. The public records are also very, very broad in the state of Florida. So it's materials made or received by the city in connection with official business and used to perpetuate, communicate, or formalize knowledge. The easy part of this is communicate. So Mary is emailing Jim. That's clearly a public record. Right?
Because it's a back and forth communication. Where this gets a little bit tricky is with the perpetuate or formalized knowledge. And so some examples that have come up in case law is, let's say one of you is taking notes during the meeting and you use it to formalize your vote. So you're you're writing things down, right? Even though they're your notes and a member of the public sees it and makes the argument and says I want that it's a public record because that's what was used to formalize their knowledge.
It could be a public record. And so just be very careful about anything that's written, right? Even there's been examples of people writing back and forth on a napkin. So maybe one of you has a napkin and you're trying to write a note during the meeting to another one, that would be a public records request. Right? Treat everything as a public records request. So don't throw out documents, don't throw out any papers, don't throw out any communications. I think planning and zoning has city emails. Right? So we do encourage you to use your city email because then our IT department has access to that.
Because we do get public records requests that might say, I want all emails from the planning and zoning board on this particular item to and from staff. Just because you are communicating with your personal email, so you're using a Gmail or you're using some other platform, doesn't mean it's not a public record. Then we just don't have as much control over it, so now the onus is going to be on you to make sure that if we get a public records request, somebody knows you have these communications, we would need you to give them to us. So that's why we just encourage you to use your city email.
I think I asked this before, but I just want to clarify since Joe and Rose are here. Even though we have a city email, and we use the city email for communications in our roles, but however we use our personal computer or laptop to access that. The computers are not accessible to the public, correct?
It depends on what the not the computer itself, like there would never be a situation where we would just allow the public to access your computer. Right. But just keep in mind that anything that's on that personal computer could be a public record depending on what the content of it is. That's very it's very, very case specific. So I'll give you a weird example, right, that we're kind of dealing with now is AI. So maybe you're going into chat GBT and you're you were putting I'm hoping that nobody's doing this. Let me just preface that. Yeah. You put in the chat GBT, should I here's the facts. Should I approve this variance?
That's probably a public records request. Right? And if you're doing that on your personal laptop, it's a public records request even though it's on a personal laptop. You use your computer to access city of Port St. Lucie email, but then at the same time you have Amazon up, your Amazon is not public records.
It's if it's personal in nature, it's not a public record. So again, this includes papers, documents, electronic files, internet posts. Right? So if you are posting on social media as your official role on this board, which I don't know that many people would be doing. But I guess, you know, if one of you said, well I'm on the Planning and Zoning Board and this is how I feel about this on some sort of page, someone could argue that it's a public record.
If you're doing it in your official capacity as a member of the Planning and Zoning Board. Now if you're just in going back and forth in discourse as a resident, right, you're just interested in something and might not be. But just to be careful about those types of things, comments that are left on like the City of Port St. Lucie's Facebook page, we can't delete those, right, because those have now become public record because it's communicating with the city. Photographs, videos, audio recordings.
So again, this is anything materials that are received by employees in connection with their job, materials that are received by council or board members in connection with their official capacity, but those of a personal nature are not city business. And so another example would be text messages. Right? So I'll use myself as an example. You come close with your coworkers.
Maybe I'm texting. I'm on my work phone, right, and I'm going back and forth and I happen to say to Elizabeth, hey, what do you want for lunch? That's not necessarily public record, right? But everything else in that chain would be, which means that if a question came up of, we would like to make a public records request, somebody might be examining our thread to determine what is personal and what isn't. And so just keep that in mind that even though something might not be public record, somebody might be looking at it if it comes up.
How often are public records requests made? Is weekly? Constantly?
By the minute. Yeah. Yeah. And there's more depending on. So I would say planning and zoning gets a pretty decent amount. The police department gets
A lot. Do we?
Thousands. No
one makes a public records request and we actually have to print it or electronically send it to them. Do we charge them per page? Yes.
So we can I don't know the exact off the top of my head, but I believe it's 15¢ per copy? So we can charge for that. We can also charge for the time that it takes for any, like, additional personnel. The biggest one for this is reviewing for any redactions. So that's a big thing that we do in our office. We might get a public records request for all emails between maybe two entities and it's related to a big project, and we have reason to believe that some of it might be redact we can redact it because it's exempt or confidential. It might take our office several hours to go through everything, So and we can also charge for any of that additional manpower that it takes.
Quick question if I may. Yeah. From the city's perspective, is there And again, I understand the intent of what you're The briefing on this subject matter is to keep us with our individual interactions with each other safe and clean. If we had a question, say for instance, we reached out to Mary on an email about couple quick questions about an upcoming situation. I know in my day job, a lot of times, you know, we have attorney client privilege.
So, you know, we would just, you know, include or copy you and specifically in a subject matter denoted as attorney client privilege. So if it was pulled, it would obviously maybe not inadvertently be shared out of the organization. Is there any recourse relative to this or the public records request? I know they're two different animals, but I'm just curious.
No. And so here's the dilemma with that. Right? So the so attorney client privilege in the realm of government is very narrow. There has to be either imminent litigation or current litigation. And then once that litigation is over, it's public records request again. So a couple things come up for me for what you're saying. Right? One, if there confidentiality is different. So there's and I think I talk about this a little bit later, but there's confidentiality and there's exemptions.
Confidentiality is different and there could be recourse for someone sending out a document that's confidential. Very few things at the city are fall under confidential as much as they do exempt. For an exemption, so let's say someone, excuse me, comes to, they're in the city, they say I'm a police officer, my address and the names of my spouse and my children are exempt because I'm in law enforcement. We we say okay. And so then we send something out, we accidentally reveal their any of those information, the city would never be found liable for that because an exemption is sort of a privilege, it's not a right.
I don't know if that answers your question.
Thank you. What
recommend I the board, if you ever have any questions on an application, send me or Anne an email if you want, either call us or send us an email. Can we find time to talk? And then let's pick up the phone and have a conversation would be the best way to approach things.
Yes, I agree, because a lot of there are very few situations as it relates to what you do and your communications with Mary that I can think that it would be exempt. Again, even with litigation it's so narrow and that we there have to be shown that those questions were asked in preparation of litigation. So if those questions were asked just because the application was coming from the board, somebody could argue that wasn't because you knew there was litigation. That's not talking about legal strategy, that's just a question. So yeah, definitely verbal communication when able is important.
So again, this is that intended to perpetuate communicator formalized knowledge, it's very broad. There are a lot of areas of this in which the courts and the legislature haven't really narrowed that scope. So that's why you just have to be really careful because a lot of things could be public record. It's always down to the intent and the purpose. And so who must comply?
It's members of city council, city officials, and all city employees, city board, and committee members, and city volunteers. So what this also means is, I will use myself as an example, but this could apply to you all, if I were to leave right now and I were to go to Sprouts, right, I'm hungry and I'm wearing this, which I never do for this exact reason, and someone came up to me and said, you work for the city, I'd like to make a public records request. I would have to take their public records request. Now again, there are scenarios in which the one that somebody always gives me is, I'm at Disney with my family and somebody happens to know I work for the city and you know, I'm enjoying time with my family. Of course, this is within reason, but if you are out in the community, and you're out in the community in connection with your role at the city and someone comes up to you and makes a public records request, you have to take that request.
What we're not allowed to do is I can't say, oh, I'm not taking your request, let me lead you to the website. I can say, I would love to take that request for you just so you know, we do have an online portal, you can go and you can type it, but I can take it right now. People are allowed to make public records requests in any way that they want to, which includes just verbalizing it to a member of the city. Mhmm.
On that scenario, if someone does that, can we ask them to email a request to us?
No, you would want to write it down. And what you could say to them, you would want to take it however they're trying to give it to you. What you could say is, I'm going to write this down, and then I'm going to turn it over to the clerk as soon as I get an opportunity to. If you would like, you can also email or put into GovQA so just so that you know that your request is getting put in, which is how I would do it. But we do have to take it. Yep. So again, anyone has to comply. That's with taking it and with being able to turn over any records. Again, everyone is their own custodian of their public records to some extent, so make sure you're not throwing things out that you shouldn't be. That really comes down to any sort of physical papers.
Like I said, if you were using the city's email, our IT department is able to pull all those, but if you are using your Gmail or another email, that's going to be on you then if there's a public records request. And only our city clerk's office is permitted to destroy records. There is a retention schedule for everything. And so even if something fits into a retention schedule, it's been five, ten years, in order for us to destroy it, we still have to go through the city clerk. Oh, no.
There we go. And so again, how does a person gain access to a public record? We do have GovQA, which is the main way that we get public records requests. Somebody can call, somebody can send an email, right? Somebody could approach someone in person. And again, it doesn't have to be in writing and no explanation or reason is needed. It can also remain anonymous. So the simplest way for this is GovQA because you can put it anonymous, it goes into GovQA and they can pull it and no one will never know their identity. But we also must provide the public records within reason how the person wants it. So we do get requests, I don't want it on GovQA, I would like it mailed to my home.
We may charge them for the copies, but we have to do that. We might have somebody says, don't want to give you my name, my address, nothing. I will come to the city and pick it up. Just leave it. And we would figure out a way so somebody could come and get the public records request.
And a person may take photographs of the records while they're in possession. So if it's something we don't really have a lot of this anymore, but if we had like big files or something that would be hard to maybe replicate into a smaller scale, Somebody could come and take photos. So this is a governmental service. It must be done promptly. There is no set time, but we have to acknowledge that there's been a public records request of forty eight hours. Again, we compile the request. We do it in whichever way is being requested. And then there are over a thousand exemptions. And then there's a question of whether it's exempt or confidential. Like I said, that's a question for our office.
What's the requirement if you make a public records request and you get that information? Is there a requirement to keep that confidential?
So that's a great question. If that kind of goes into what we're saying too. So now, and that's why things have to go through our office. So let's say something is confidential. Right? And we turn it over to someone, and they go ahead and share it. We've waived our confidentiality by doing that. A good example of this is sometimes in litigation scenarios. Right? Because we are a government agency, instead of an attorney who's dealing with something with some sort of litigation and they want documents.
Right? Instead of waiting for discovery, what they'll do is they'll come to us and they'll say, I know I'm a private attorney, I'm representing this person for whatever the matter might be. I'd like to make a public records request. Well, for whatever reason, it might be security footage. And I'll say, well, I can't turn it over. It's confidential. And they'll say, well, it's related to litigation. Right? There's sort of a courtesy between attorneys. I don't know what they're gonna do with that and they're held to no standard.
Where it's a little different is other governmental entities. So we have that communication with like like the state attorney's office where they also are held to the same public records. But a private person, once I turn that information over, they could share it on Facebook. There's so that's why it's on us to make sure are we turning something over that we shouldn't be. And then that's when we would say then you have to file a subpoena, through the correct channels and we'll kind of do it that way.
Are there standards in the timing that you have to respond to a request? Like if someone makes a request and it's so massive, you have to let them know, hey, okay, we're working on this, and but it's gonna take us thirty days or something like that or
We don't have to provide we have to provide acknowledgement within forty eight hours. We don't have to provide a time frame.
Got it.
It has to just be reasonable. And that does happen where we'll get pretty expansive public records request in which we'll just say, you know, we've received your public records request. It is a very large request. Please give us time to do it. Yep. Thank you. So again, this gets into the confidentiality. Confidentiality could have more liability repercussions for the city than exemptions. Like I said, with exemptions, we actually, as a city, don't even have to honor exemptions. So all of those protected people like police officers, city attorneys, you know, people who work for DCF, all of those different categories, judges, they we don't technically have to redact to their information.
That is something that we could choose to do because like I said, it's kind of a privilege more than a right. And so if we do release that information, the worst scenario I can think of is, you know, it's someone who's in one of those high visibility positions and we release their information even though they have an exemption in place and a bad actor acts on that information, the city would not be held liable.
What are the tools that you use for redactions? You're not there with a black magic marker, right? I mean, do you have systems where you can do searches and it will black it out in PDF or?
To an extent, but I would say that for like a PDF, if this happens a lot with the PD, right? Because that's might be where we might, especially if it's a report that has like a child's name or something, you're going page by page and redacting. Yep. Which is why we are able to charge for that extra personnel time because it can sometimes take a while. And again, failure to comply.
If it's a knowing violation, it's a first degree misdemeanor. This means you have an email between two people, you don't like what the email says, you delete it because you don't want anyone to ever know. That is a knowing violation, that is a criminal offense, do not do that. The more common is it's unknowing, right? You accidentally get rid of a bunch of public records without realizing it.
Maybe you had a laptop, it died, whatever the case may be. Those are punishable by fines, and it would leave the city just open to civil litigation and awarding of attorney's fees. The if there is a public records request and someone feels as if their request wasn't adequately fulfilled, the first challenge would be give me what I want. And if we have it and we can turn it over, then we fulfilled it. If it gets into this where it's been destroyed, then of course it could lead to more litigation.
Okay. Any questions on public records? So now this is going to be a very brief overview on ethics. So there are several legal restrictions and reporting requirements that fall into four categories for board members and public officials. So there are laws pertaining to prohibited and restricted conduct such as misuse of public position, conflicts of interest, nepotism, voting conflicts, disproportionate benefit, etc. Laws pertaining to bribes, gifts, expenditures, and then transparency laws involving financial disclosures. And then we get into the executive branch lobby activity, which I'm not going to get into today.
You're going get into gifts though, correct?
Yes. Yes. So what is a public officer? It includes any person elected or appointed to hold office at any agency, including any person serving on an advisory board. So these ethics laws do affect this board as well. So what can public officers not do? They can't solicit or accept anything of value, including a gift, loan reward, promise of future employment, favor, service, based off the understanding of a vote, official action, or judgment being influenced. Where this can be sometimes be a little bit tricky. Right? I think everyone knows the quid pro quo.
You give me a new car. I'll vote yes on your zoning application rezoning application. That's clearly wrong. Right? But you also wanna make sure that something that is taking place can't have the perception of being influenced. So you're talking to someone and let's say they're they're coming forward with a rezoning application, and they happen to maybe it's even as it's not the same business. Right? They have to do something else. They say, hey. Listen, man. You're really cool. I'm gonna give you, you know, one free round at my place next time you stop by. You just always wanna take a second and use discretion to say, that's interesting because this person also happens to be having an item that's coming forward. What would this look like to the public? Right?
Sometimes this can also come up if you just happen to be in the same social groups with people who might have items coming forward. Those types of things you may want to report them, or you just might want to be careful if you're in this type of position and you know, okay, this person is my friend. Right? They do sometimes gift me things, but now I'm in a position where them gifting me not only just makes me look bad, but also makes them look bad because they do have items that come forward. So and this if if the person is a direct, so they're your spouse, they're your family member, it's gonna obviously the analysis is gonna be different.
If the analysis is different, meaning you have a brother-in-law and he's like, hey, I know you're on that planning and zoning board, can you vote? That's obviously wrong too, but again if it's if there's things being given, because that's just the natural familial relationship, But that's a very close relationship that we're talking about spouses, children, those types of things.
But those types of things you would be able to abstain from voting, correct?
Is that the form eight eight b or eight f or
Correct, for those conflicts. So I think if you need to, right? I think with gifts it's a little bit different. Because I think the analysis is still similar in that for you taking a gift, even if you're sustaining, you're still taking a gift. But if it's a conflict that really does exist because you happen to know these people, you work with them, whatever the case may be, yes, that's when you can abstain.
And if you ever have a question about that, what I encourage you to reach out to the Ethics Commission to ask them yourselves, but you can also reach out to our office and we can kind of give you a preliminary of hey, that's not a conflict. Right? That's that'll really be the big thing because sometimes it can seem like there's a conflict when there's not. So acting in official capacity, directly or indirectly purchase rent or lease any goods or services from his or her own agency, from any business agency in which the officer or director, a spouse or child is their director has a material interest. So again, you own a business, that business is coming forward to this board, that would be a situation where there would be a conflict of interest and
you would
abstain. And again, accept any compensation or payment that such officers should or with the exercise of reasonable care know that it was given to influence. And that's the discretion piece. So someone if you're like, wow, this person is really nice. They keep wanting to gift me things, and then you look and it's on the next agenda.
That's where we just have to use a little bit more discretion. So corruptly or use or attempt to use their position to secure a special privilege, hold any have or hold any employment or contractual relationship that will create a continuing reoccurring conflict. So again, I think there have been members of this board who have had to abstain, it's going to happen, right? Because again, it's a community, there's going to be crossover. But if you are in a position where it's every single week item after item you have to abstain, then the question is whether or not this board is appropriate.
This comes up a little bit with public art advisory board. So for example, those are artists. We have a limited amount of artists in the area. If they feel like every request for qualifications that comes forward, they're going to want to bid on it. They probably shouldn't sit on the public art board, right?
They should focus on being able to provide art to the city. Hold any employment or contractual relationship with any business entity or agency which is subject to the regulation or is doing business with the agency of which he or she is an officer employee and use information not disclosed to the public for personal gain or benefit. So again, conflicts do happen. There's going to be times where it might intersect with what you do outside of this role. And if that's the case, then you would want to just make sure within fifteen days after the vote, you disclose the nature of it with the clerk if you do have to abstain.
So say that again, within fifteen days of the vote.
After the vote.
Thought it had to be at the vote.
So you would abstain during that vote.
Okay.
But then within fifteen so the better practice is immediately after, let the clerk know as to why you're
then what about the requirement of publicly voicing what the conflict is?
Yeah, so that would would you have to publicly that would be at the meeting. Okay. So you're choosing to abstain from a vote because there's a conflict, that's when you would say, here's my conflict and here's what it is. And then just make sure you just file that with the clerk.
And when it says would in your his or her special private gain or loss, that doesn't necessarily have to be financial, correct?
Correct. Correct. Yeah, and that's really important because again, I think the financial gain or loss is easy to parse out. It can be that it's something that has to you have a business, this decision is going to help your business in some indirect way. Those are the times where you might want to call the ethics commission up and say, hey, here's my situation, is this a conflict? Or loop in our office if you're not sure if it really rises to one. Because like we said, unless there is this conflict you are expected to vote. Okay. Any other questions about ethics? So this is Robert's rules of order.
This is pretty easy. This is how we conduct meetings. This is making motions, voting. So very quick, the role of the chairperson is to call the meeting to order, announce the purpose of topic items to be discussed, recognize members on the floor, protect the court from digressing too much, and protect the integrity of the meeting. The chairperson does not make motions and does not close a debate before every member has had the opportunity to speak.
Decorum. So the speaker must be recognized by the chairperson before speaking. This is just a loose rule of try to limit to ten minutes. This is not steadfast. The chair can always set a rule if it's a very contentious item or you know there's gonna be a lot of discussion, the chair can always say, I'm asking for a motion to set a limit to each person talking to a certain amount of time. Don't see that very often, but I'm sure at very contentious meetings people do that. Decorum should be kept at all times including confining statements to the merits, the pending questions, attacking someone's motives, not speaking adversely on an item that is not pending. Do
these rules apply primarily to
board or and or the public?
So that's a great question. So Robert's Rules of Order is to conduct the way the board acts. However, that decorum is also then passed on to the public. And so that's where we will see like during City Council we don't allow applause, right? To try to keep the decorum going. Only allowing three minutes to speak on an item, right? That's not a again, that's not a steadfast rule. That is something that could change. You could limit that, Right? You could even say we're because this is contentious, each person could only get a minute to speak or whatever it is. So that that level of decorum does pass on to anyone in attendance.
That's three minutes of the public to be heard is not a law.
Not a law.
That is more of a custom.
That's correct. And three minutes, I think, is
like the
standard. Yep. But yes, that's a great question, and you would expect that all people in attendance would have the same level of decorum.
And I guess in the event that the public were to not be observing Robert's rules of order, is it the chair's responsibility to correct or to take action? If so, what is that action?
I would say that the chair would wanna just call out the action, remind the anyone in attendance of the rules. And if that action continues, then the question would be whether or not the person has to be removed with the assistance of course of our officers who is sitting in the back. We wouldn't expect the chair to physically remove anyone, but to at least set that expectation. Unless you want Jim
doing that. Jim.
But normally what you do is set that expectation of, you know again we see this a lot. We see it more during city council meetings, right? Where you've had to see where people will be really passionate about something and sometimes the mayor will have to speak up and say, there's a quorum we can't do this. If it seems as if someone is attacking someone, is using very profane language, is being threatening in any way, that's when the chair could say if you don't stop then we might have to remove you. Yes.
Yeah. Depending on the nature of how they're acting, right? So again, this is to just accomplish in meetings. So to keep the meetings moving. Like I said, there's motions, you can amend a motion, you can limit discussion. This is also quorum, which quorum is the minimum number of voting members who must be present at a properly called meeting. For us, it is a majority of the board. So if a board has seven people, then the quorum is typically four. Right? Because it's just the majority. Voting five for Yes. Five for variances. That's a great point. Thank you, Mary. Well, we need five for it to be voted forward.
Yep. Motions cannot be made by the chair and they also cannot be seconded by the chair of the person who made the motion. And only one motion can be discussed at a time. So an only emergent urgent matter should ever interrupt a speaker. So that is an overview of Robert's rules. And then the last piece is just so we do have our own city resolution that kind of expands on some of this stuff. So within this resolution, there's also bylaws for each board. Planning and zoning bylaws are pretty straightforward. It doesn't get too much into how they're conducted, But we do have some aspects of that resolution that do impact the board. So again, quorum is something that the city could set itself.
So quorum is just a majority of the board size regardless of vacancies. So if we do have a vacancy that doesn't matter, it's still seven people. Alternate members shall be contacted and substituted for absent members on a rotating basis. You don't necessarily have to have a lack of quorum to ask an alternate to step in as a voting member. You just have to have an absent member. Each board can do that a little bit differently. Some people might wait to contact alternates until the quorum is being affected. For this board, you might say, well, if one person's missing, we're going fill it in with one person. Either way is correct. You just can't exceed the number of people that's supposed to be on the board.
So is this our standard board now? Is this the So
I think I believe that Jack's seat will be I don't know. Are we
How are we doing that? Because Jack resigned.
Yeah. Are we gonna put back out for applications for Jack since it's so early?
The mayor needs to appoint someone else or it would be up to the mayor.
So the mayor will make a decision? Correct. And is it typical the mayor will select the new board member from the alternates or not necessarily?
The mayor uses the best discretion.
Great, thank Yes.
So in the meantime though, until that seat is filled with an actual permanent voting member, then on a rotating basis the alternates can fill in. And then alternate members, so this is something we added recently. Alternate members shall have all rights afforded to voting members except for making motions, engaging a discussion or debate once the motions on the table, and voting. And it's specifically for this would be just really your board is during quasi judicial proceedings. So that is and it was a great example today actually we got to see it right happen live.
That's because there's a record and there's evidence and so we don't want to confuse that by somebody who is typically on the board, but now they're an alternate discussing during that. So the way that it was handled today in which it was just a member of the public is appropriate. If you are attending planning and zoning as a alternate, meaning you're not needed to fill in for an absent member, you are expected to sit behind me and not up at the dais, and that's just because it can be confusing to the clerk to know who's voting and who's not. If you are acting as a voting member, so today you acted as a voting member, you're filling in, you have all the rights afforded to you as a voting member. So you sit up there, you can make motions, you can vote, you can do all that.
But we do encourage alternates to attend. And the reason for that is if you do have to fill in, you're probably more knowledgeable and understand the proceedings if you've been coming to a lot of the meetings and that's why we try to have as much participation as we can without affecting the record.
I think the rotating basis is excellent because it gives everybody an opportunity and then they're prepared, they have the experience.
Yes. And we the rotating schedule, the clerk has that so they keep track of who might is next to be able to attend. Again, any board member wishing to resign shall submit a written notice to the city clerk and shall not be eligible for reappointment for a period of one year unless good cause is shown. Alternate members, this is the question, may be elevated to voting members or new applicants may be reviewed to fill vacancies. Again, is appointed by the mayor.
And a member may only serve as chair for one consecutive year. That's only for the chair, and it's only for one consecutive year. So that's why we did make the decision a few months ago to not have a reelection because chair Norton did fill in the spot of Miss Crease, but she resigned as acting. But instead of voting him into full, we did not do that. We kept him as acting so he would have the opportunity. Because if not, he would have not have been able to be chair this time around.
So member may only serve as chair for one consecutive year. So you can serve one year and then that's it.
One consecutive.
Okay. So you can have a year off and then okay.
So that's good. That's just to make sure that anyone who does want to be chair has the opportunity. But we also realize that on a board, especially if you've had a lot of new people, you might not it might be bouncing back and forth between the chair and the vice chair if there's if the board is ever changing.
Right.
Yeah.
Great.
Okay. So that is it. Are there any questions?
Thank you. We hope you feel better.
Thank you.
I mean, it's awful these sicknesses that are going around. It's terrible.
Thank you.
Thanks for coming out tonight. Appreciate it.
Of course. Thank you for your attention.
I do have one question. Yeah. Does sunshine in any way impact us as members of this board talking with Fort Pierce or county board members?
Nope. It's it's similar to the question that was raised like you you could talk to anyone who is like on city council or anything like that. If it's just you talking to another board, they're going to be the ones that might be in violation if it's not a meeting. Meeting, any of you could go to a Fort Pierce Board of Commissions meeting, right? If it's just one of you and talking, what really would come up is it's one of you talking to two members of the Board of Commissions, but then the issue is that or the St. Lucie, I'm sorry, Commission, but then they're the ones in violation, it wouldn't be you.
Okay, thank you.
Awesome.
Any other questions?
Just to clarify that last point was speaking other boards. That's specific to subject matter or content matter within the city?
It would be anything that could foreseeably come before a board. So in that example, right? That's a little bit tricky because I'll I'll give the example of Fort Pierce's City Council. Right? So if Fort Pierce's if two members of Fort Pierce's City Council are talking to one of you, but you're not the issue.
Right? Because there's only one of you. So you're not violating your own sunshine because you're not with the rest of your board. Whatever is being discussed, if it can foreseeably come before Fort Pierce's City Council, and two of them are discussing it, they might have violated Sunshine. So for the purposes of what you all do is if there's two of you two or more of you discussing anything that could be come before the Planning and Zoning Board, that it could be a violation of such a.
We can't talk about anything planning and zoning related at all. Right. Past or present. Right?
Correct. Correct. And the know, it's things that have already passed the question of whether or not that's because it's already been voted on. But again, there's always that weird scenario where you're saying, okay, well, something's been voted on, it's done, and then something else comes back up. And you see we have a lot of applications from the same people about the same projects. And so you might have inadvertently just violated by not knowing. So yeah, best rule of thumb, the only time you should be talking about planning and zoning as a board is here during these meetings. If you have a question,
you can
always the the best plan of action is to reach out to staff. And if it's a question in which staff says, who? You know what? I have a feeling that everyone's probably gonna have the same question. That's something that can always be brought up during the presentations.
Awesome. Anything else?
Great questions.
Thank you, Carly. New
Appreciate pieces, it.
No. We'll just see you in two weeks.
Did we did you do final public to be heard?
Any final public to be heard?
That's why he's the vice chair.
That's what he's here for. Keep me in the
Last time.
Seeing none. We are adjourned. Great.
Great job.
This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.