Planning and Zoning Board - Regular Meeting

Good evening everyone. Welcome to the city of Port St. Lucie's planning and zoning board meeting Tuesday 03/03/2026. Madam clerk, please call the roll.

Chair Norton.

Here.

Mister vice chair Pettibon.

Here.

Mister McKinnis.

Yes,

ma'am. Mister Rosen.

Here.

Mister Prevot.

Here.

Mister Spaterra?

Here. Okay. We do have a quorum. Please stand for the pledge.

I pledge allegiance to the flag of The United States Of America and to the republic for which it stands, one nation under God, individual, with liberty and justice for all.

Thank you. And, mister Peter Webb, would you please come forward? Mister Webb will be joining us as our alternate, and the clerk will swear him in.

Please raise your right hand. Do you solemnly swear that you will support, protect, and defend the constitution and the government of the United States and the state of Florida, and that you will bear true faith, loyalty, and allegiance to the same, and that you are entitled to hold office under the constitution and laws of the state of Florida, and that you will faithfully perform all the duties of a member of the planning and zoning board of the city of Port St. Lucie, Florida, so help you God.

I will.

Thank you, and congratulations.

Welcome aboard. Come on up. Okay. First item of business is the approval of the minutes. I entertain a motion to approve January 6 and January 20 and February 3 meetings. So moved.

Motion to approve.

Second. You have a motion

and second. All in favor say aye. Aye. Any opposed? The minutes are approved. Nothing for consent. We now move into public hearings. Item seven is each person wishing to speak on these items may have three minutes to speak. Please state your name and address for the record when you come to the podium. You may speak only once for each agenda item. Your comments and concerns are welcome. However, we must maintain order and provide time for everyone and the proper decorum. Okay. 7a. We're going to open the public hearing.

And we have a presentation from staff. Marissa? Is the applicant here? Yes. Just so happens to be the city.

Evening, Mr. Chair and Vice Chair, Maria Esteban, Planning and Zoning Department. The item before you is the zoning text amendment previously scheduled for the February planning and zoning meeting, P25215. It is the city initiated text amendment to Chapter 153 definitions and Section 150 eight-two 33 reasonable accommodation procedures of the zoning code. The applicant is the city of Port St.

Lucie, and this application supports Goal seven of the strategic plan. The reason for the changes: Effective 07/01/2025, the state's regulatory framework for certified recovery residences was updated and enacted by chapter twenty twenty five-one 182 and codified in subsection 397.48715 of the Florida statutes. This new legislation mandates that every municipality adopt a specific ordinance establishing local procedures for the review and approval of certified recovery residences within its jurisdiction. Here's the proposed definition that was added to Section 153, certified recovery residence. A recovery residence that holds a valid certificate of compliance and is actively managed by a certified recovery residence administrator.

As for the defined in Chapter three, ninety seven point three one one. And this is the proposed amendment to section 158.233. The key additions include Establishing a mandatory timeline for the review of certified recovery residence applications the automatic granting of request if a final written determination is not issued by the city within a specified timeline and restricting the use of a lapsed certification or licensure on a base of as a base for revoking existing accommodation. The Planning and Zoning Department finds proposed tax amendment to be consistent with the intent and direction of the city's comprehensive plan and recommends approval. Do you have any questions?

Any questions from members of the Board? City is also the applicant. I'm just going to ask again, this is required by the new state statute, correct? Is not something we did wrong?

No, required by the state.

Right. Okay. 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. Any final comments? Seeing none, I'll ask for a motion.

A motion to approve item seven AP25215. Second.

The motion is second. All in favor say aye. Aye. Opposed? Ayes have it. Thank you, Marissa.

Thank you.

7 B Verano South Pod G Future Land use. I'm gonna open the public hearing and ask the staff to make a presentation. And the applicant is here?

Yes. Good evening, board. Daniel Robinson, planning and zoning. Project before you is a small scale comprehensive plan amendment. This is a request for from DK Central Park LLC and shops at Port St.

Lucie LLC to amend the future land use from residential golf course to general commercial. The property is located on the northwest corner of the intersection of Crosstown Parkway and Verano Parkway. The neighboring properties all consist of residential uses. The PGA DRI, now known as Verano DRI, was established in 2003 and consists of RGC and CG land use designations. The 8.03 acre area of the DRI, specifically within POD G PUD, has a commercial use designation.

The residential golf course land use allows limited commercial uses as they are intended to support the residential golf course development and not the surrounding communities. The land use change from RGC to CG is necessary because the applicant wishes to provide commercial uses that are more intense uses that are typically found on the property zoned CG. Retail retail with drive through services, restaurants, and automotive services. This will serve as a the greater community just as the CG land use area that contains the public the publics along Crosstown Parkway, also in the PGA DRI, Verano DRI. The amendment is consistent with Goal 1.1, which is to provide approximate mix of land uses, which meets the needs of current and future residents of Port St.

Lucie in a way which is environmentally acceptable and developed concurrently with needed facilities and services. At build out, the entire DUI will not likely develop all the commercial entitlements originally granted, So the overall land use mix and composition of the DUI is not changing substantially. And the planning and zoning department staff finds the petition to be consistent with the intent and direction of the city's comprehensive plan and recommends approval. Is there any questions?

Yeah, Pete.

I'd like to see the overhead again.

Of the actual land where it's at, the open space?

The aerial. Mhmm. Aerial.

I can

get to it.

And while you're looking for that, Daniel, there's there's already some commercial construction going on there. Correct?

They they got a site plan approved for their retail.

Retail?

Yeah. Okay. And like I said, the retail is permitted use. More intense like the drive thrus and such.

Alright. Pete, is that what you wanna see?

Yes.

I want

to see the residential surrounding area.

Does that cover your Okay. Any other questions, members of the board? Eric?

Is there a wall between this land and the residential community behind it already?

There is because the Verano community has a wall already.

Yeah. Okay. That's all.

Any other questions, members? All right. Just one last question. What you're stating here too is that once this is developed with this new zoning, there will be no residential entitlements, correct? Did you say that? Is it entitled for any residential right now?

Well, it's not designated for residential. Okay. It's designated for commercial.

Okay.

Currently in the PUD.

But there's so there's no residential going in there?

No. This will be a commercial site.

Great. Any other questions? Okay. Thank you. The applicant is here to Welcome.

Good evening.

Okay. Good evening chair and members of the board. Pete Hoffines, color and hearing land planning landscape architecture.

Another Pete.

Pete. Pete, Peter, another yeah. Good day, right?

Good. I'm sorry.

Yeah. You threw me off for a second, that's okay. Again, just here on behalf of DK Central and SHOPS at Port St. Lucie. Basically, staff went over the request tonight for we're really looking to modify the land use from the RGC, which is the residential golf course, to the commercial just for this one eight acre site in PAD G, which is one of the PAD PEDs within the overall Verano DRI.

This allows for a little better of alignment between the comprehensive plan and the uses that the master developer is looking to implement in there, little bit more of the community serving uses. The residential golf course land use is somewhat limited in its application of commercial uses. Just quick little history. Verano back in 2003 was approved as a large DRI back then, over 3,000 acres, over 7,000 residential units. I believe last time I added it up, was almost 850,000 square feet of retail development, 100,000 square feet of office.

So it has this large bucket of entitlements that it's been approved for. Now that a lot of the rooftops have been platted and are underway, they're looking to now provide commercial services that those future residents would be requesting. This puts it a little bit in perspective. You can see the overall Verano master plan there. I've outlined this particular podge PUD in neon green there and noted the site.

I just think this provides a little bit of context for where it is in Verano. And just the surrounding existing future land uses out Tradition to the South and then all of Verano to the North, which maintains that RGC land use. For context, zoning, a lot of Verano most of all, Verano has been done under a PUD, as a lot of development does in the city. I wanted to take a second to just try to put the size of one of these projects in perspective. Verano occupies a little bit over three and a half miles along Crosstown Parkway.

You can see the three locations there with the red stars. Those are the anticipated commercial nodes that were really always contemplated as part of the DRI. As you get these massive projects approved from an entitlement level, you kind of figure out later on where you want to locate the commercial, and these have been located within those specific PUD's. And so I just wanted to provide some context for the board this evening to see where those are located. And those will be the only commercial pods in Verano that are anticipated right now.

So for context, I mentioned it briefly earlier. This was this is actually in the DRI development order that's on the books today. I've kind of highlighted there the amount of retail and office square footage that's currently approved, that's entitled, that's legally allowed to be built. The three sites that I just showed you, this one's eight acres over in Pot H. We've got another smaller nine acre and 10 acre site.

You can't physically put this much square footage in there, and that's not what they're looking But to again, I just wanted to frame it that we aren't looking to increase any entitlements. We aren't looking to increase intensity, density. Actually, this is what will actually be built will be less than what's permitted on the books. The other important thing to note here is I've highlighted at the bottom, when the DRI was originally approved, all of the traffic infrastructure impacts were measured under what the traffic engineers refer to as an ITE rate, eight twenty. And so that was for shopping centers.

And shopping centers are evaluated to have outparcels, restaurants, in line retail, some office, grocery stores. And so the impacts that you the square footage that you see on the phasing schedule was anticipated to correlate to those types of uses. Okay. I just wanted to highlight the RGC land use for a brief second. And then switching over to the commercial general, which actually aligns more appropriately with the ITE eight twenty shopping center.

And as stated by staff, this proposed amendment is consistent with the comprehensive plan. It's appropriate location and compatibility. It's consistent with the underlying intent and the overall original approval of the Verano DRI. There will be no additional transportation impacts. It will be less. All public facilities and services have been accounted for and reviewed under the DRI. It's scaled appropriately for the size of the project and here to answer any questions that the Board may have. Thank you, Pete. Any

questions for the applicant? All right. Thank you very much. Any other questions for staff? No. Thank you very much. This is a public hearing. Anyone members of the public wishing to speak or make comments on this item? Seeing none, close the public hearing. And we'll ask for discussion and the motion.

I'll make a motion if we're ready. Unless there's any further discussion, we'll make a motion to approve P26-eight Verano South PODG.

Second.

Any discussion? Motion and a second. All in favor say aye. Aye. Opposed? Good luck. Have a good day. Right. 7C. We're going to open the public hearing. And Bethany.

Good evening, mister chair, mister vice chair, and board members. Bethany Grubbs with the planning department. The application before you is a city initiated zoning text amendment, specifically the chapter one fifty eight of the zoning code, one fifty eight point one hundred open space recreational zoning district. The OSR zoning district is intended to preserve public open space and provide recreational activities. The intent of this amendment is to add and close assembly uses specifically without alcohol beverage license as a special exception in the OSR zoning district.

And what that does is basically expands the OSR potential to allow other venues that are privately owned such as indoor recreational facilities. The OSR zoning permits parks, playgrounds, golf courses, and the Port St. Lucie Botanical Gardens currently. The proposed change would add enclosed assembly without the sale of alcohol as a special exception use. In special exception uses, they allow us to look at an application on a site specific basis a little further for adequate parking, noise attenuation, lighting on residential, and that is the intent of adding it as a special exception just to have a closer look on a site specific basis.

And this supports additional enclosed assembly uses in existing or proposed buildings on the land zoned OSR. The code defines a permitted use that is enclosed assembly area as an enclosed area of building or structure where people assemble for a common purpose, such as social, civic, cultural, recreational, or religious purposes, whether it's owned or and or maintained by a for profit or non for profit entity. And this again circles back to basically expanding the uses to add in private uses in with the public uses, and is not limited to public assembly buildings such as auditoriums, theaters, but is not limited to public assembly buildings such as auditoriums, theaters, halls, private membership clubs, and organizations. Fraternal lodges, exhibition halls, convention centers, and places of worship, but it's important to note that this is without alcohol beverage license, so a lot of these uses will be scaled or eliminated, should I say, such as bars could be an enclosed assembly or other fraternal organizations. So the proposed amendment is to add a fourth special exception use under subsection c for open space recreational, and that would add enclosed assembly without an alcoholic beverage license for on premise consumption of alcoholic beverages in accordance with chapter one ten.

A new construction of buildings shall meet commercial design standards of the citywide design standards, and that is to close the gap that OSR is currently exempt from citywide design standards, and so this will look at new development to have them comply with the citywide design standards for their aesthetic appearances. The proposed text amendment is consistent with goal 1.1 of the city's comprehensive plan, which seeks to provide an adequate mix of land uses which meets the needs of current and future residents of Port St. Lucie in a way that is environmentally acceptable and developed concurrent with needed facilities and services. Staff finds that the petition is consistent with the direct with the intent and direction of the city's comprehensive plan and recommends approval. And again, the city is the applicant.

Thank you.

Okay. You heard the city is the applicant as well. Any questions of staff? Yes, Eric.

I'm confused on to or I'm unsure as to what change it is that's being made here. Just specific to alcoholic beverages without a license, is

that correct?

No, sir. What is being added are enclosed assembly uses as a whole category. Currently, the permitted uses are parks, playgrounds, public in nature, golf course public in nature, botanical gardens, and there may be one other off the top of my head. And special exception uses are marina, billboard.

Wireless communication antennas?

Mhmm. And this is adding a private use to the mix. Essentially, it's adding it as a special exception as a private use versus if you look at the list of uses that are allowed under the permanent uses, they're public. So this is adding a private use as a special exception, a new category.

Thank you for the clarification.

Could you give just any form of a broad level example of what that might be?

Yes.

An enclosed user,

based off of the restrictions, could be somewhere such as an indoor pickleball facility, a gymnastics facility, a church or other religious facility, possibly a privately owned museum or cultural facility.

Okay. Thank you.

And but nothing with alcoholic beverages?

No alcoholic beverages.

So that would prevent Bars. Bars and anything of its of that nature. Great. Any other questions from staff? Okay. Thanks, Bethany. This is a public hearing. I'll open up the public for comments and questions. Come on. Please come forward. State your name for the record. And

Yeah. It's Robert Brown. Peru Street.

Bob, did you send a earlier?

So if I don't need No. You have it, I don't need to read

it.

No. You you could Okay. You can go ahead.

Think this is a great thing and I love the idea that there's the no alcoholic beverages and I love the idea of being able to keep it in your hands. As a team, as a city, the city has the ability to make the decisions and really determine what is being used in these OSR spaces. I know why it's designed and I love that it's designed for that, but I also understand the need. A lot of your OSR in the area already has a facility or a building on it, including a lot of the HOAs and POAs who are currently in trouble and potentially going out of business. You're gonna have a lot of empty buildings potentially on that kind of land. I think this is great. I think the staff has done a great job. I just wanted to speak affirmatively to this decision. Thank you. Your comments, Mr. Brown?

Thank you.

Any other members of the public wish to speak on this item? Seeing none, we'll close the public hearing, opening up to a discussion or a motion.

Make a motion to approve, I think it's P26-thirty. Second.

You have a motion and second. All in favor say aye. Aye. Any opposed? Okay. Congratulations. We're moving on to public hearing which is quasi judicial in nature. Items 8A and 8B are quasi judicial and we'll have our city attorney explain the procedures and provide the swearing in by the clerk.

All of the items listed under section eight of your agenda are quasi judicial in nature. This is when the board steps out of its legislative role and into its judicial role. Therefore, instead of creating policy, you're applying existing policy and regulations to the facts at hand for each specific application. For instance, your first item, AA, is a variance. With that item, you will be looking at the facts related to that specific application and all of the variance criteria listed in the staff report.

Ancillary matters that are not directly related to the facts presented here should not be considered. Also, everyone who speaks on this item needs to be sworn in. So if you intend to speak on this item, please stand now for the clerk to swear, Alin.

Both items?

And eight b. Eight a and eight b. Both items.

Sorry. If you're just gonna speak on any items eight a or b, please stand and be sworn in.

Do you swear or affirm that the testimony you're about

to give is the truth, whole truth and nothing but the truth? Thank you.

Okay. Before we move forward, any members of the board have any ex parte communication? None. Okay, we'll open the public hearing and staff.

Good evening, chair, vice chair, members of the board. I've been Betancourt with the planning and zoning department. I have been sworn in, and the official file was submitted to the city clerk five days prior to this hearing. Madam clerk, will you please enter it into the record? P25Dash204 is a variance application for a project known as Navarro Yuraima Garcia.

The request is a variance to the required side setback to allow two existing roof patios to remain, including one which contains an outdoor kitchen. Yuema Garcia Navarro is the applicant and the owner for the property located at 455 Southwest Kessler Drive, which is on the Northwest corner of Southwest Kessler Drive and Southwest Stacy Court. Here's an image of the property. The surrounding area consists entirely of single family homes with RL future land use and RS2 zoning. In October 2025, a code compliance case was created with the building department for the two structures being built without permits.

The applicant is requesting relief to keep the accessory structures so that they may apply for building permits. A survey was provided to show the location of both roof patio structures encroaching into the required site setbacks. These photos were provided to show the two roof patios. You as a board have the options to make a motion to approve the variance for both accessory structures, motion to deny or motion to table. And that concludes my presentation. I'm here to answer any questions. The applicant is also here, and they I believe they provided a translator to translate for them.

Thank you, Ivan. Any questions for Mr. Vanguard? Eric?

Am I correct in seeing that there's is there a concrete footer at the bottom of that pavilion?

Yes, sir. It seems like both structures have concrete pads.

Okay. And so that's really the big problem here, correct, is that there's a concrete pad within the setback?

Well, it's a permanent structure.

It's a permanent structure?

Correct. But just to clarify, concrete pads have a separate setback requirement. But I believe that with this being a corner lot, it would have to meet the corner lot setback requirement. So yeah, are in the setback as well. Correct. And yeah, that would be depending on the lot width.

So if I can clarify the variances for the structures, which are the roofed patios, okay?

Thank you.

Questions, Pete? Mr. Chair.

So I just wanted go over a couple of questions on the report. So for compatibility with variance criteria, staff findings under number one, I just wanna confirm it says there are no special conditions that are peculiar to this house. Is that correct?

Correct. No special conditions. The structures were built without permits.

Okay. And then, let's see, granting the variance will confer on the applicant special privileges denied to other corner lots within single family zoning districts in regards to accessory structure placement, correct?

Correct, it would deny special privileges just because they do have the option to relocate the structures. They have the space.

Right, and the next number four is there is adequate space in the backyard for the placement of the accessory structures.

There is, yes. Yep.

Okay, thank you.

I've got one question. Are these built over any utility easements or any other easements?

I believe they're no, they're not. Currently the existing easements are along the rear of the property and the internal side.

Thank you.

And there was no request for a permit then, right? So the applicant never?

Yes, sir, there were no permits initiated.

Okay, thank you.

And if we did approve this, they would still be required to go through the permitting process for both of these, correct?

Correct, yes, they would both structures would require a permit.

Any other questions members? Ivan, were the structures constructed again?

So at this point, not, we don't really know when they were constructed just because they were

We can ask the applicant then. Okay. All right. Any other questions? Yes. Good. Ms. Bedard.

I understand that they're gonna have to go through the process again, but is there a punishment for not for not getting a permit, applying for a permit?

Are they are they under any fines for non co compliance? Not yet. Okay.

My name is Edward Gromwald. I'm with the building department at City of Port St. Lucie. So typically when a permit when a structure is built without a permit, there would be a ancillary double permit fee to bring it into compliance. Right.

But there's no no current fines or

Not that I'm aware right now. I could get back to

the Mister Spurrick, does that answer your question?

Yes.

So I

There is a punishment in the double fund.

Right.

Yes, double permit fee.

So I have a question. So someone could install a structure, they don't get a permit. It's within the building envelope. In that case, they would get a permit and not need a variance, correct? If it's within the setbacks?

If it's within the allowable setbacks, they would get a permit. A lot of times it's on the illness of the applicant to divvy up that they didn't get a permit upfront. We don't know until we know, right. Otherwise it would just be a single permit fee at that point in time.

But besides the process, this particular item is showing that the structures are not within the permitted space?

From my understanding, yes.

I'm sorry, sir. What was the question again?

The question again is these two structures are not within their permitted spacing.

Correct. Yeah, they're not required.

Rat a code.

Okay, and there's simple remedy, they just move it, right? So there's plenty of room there, they can simply move those structures to be within the setbacks, not need a variance and then go through the permitting process, correct?

Correct, yeah, they have the option to do that.

Great, thank you. Any other questions?

Yeah, based on how it's attached to the ground, how challenging is it to move?

Well, I mean, that's not within the scope of this variance. I'm not too sure what would be required to move it.

I don't think he would know. He sent the contractor, right?

A contractor would, yes. Yeah.

All right. All right. Thank you, Ivan. Mr. Betancourt. And the applicant? Can you come up to the microphone, please? Yep. Please, when you are Yeah. Let let there

You have the applicants, and then the applicant's sister-in-law is going to translate.

Okay. Who's the sister-in-law?

Oh, yeah.

Okay. What we're gonna do is ask ask your sister-in-law to state her name for the record and I guess her your brother?

No. Her husband.

Her husband? Okay. As well as yourself to state your names for the record as the applicant as you and you as the translator for the applicant. Okay?

Please speak into the microphone.

And please speak into the microphone.

My name is Luis Gomez Reyes. I live in 455 South West Castro Drive, Port Salusia, Florida.

You're the applicant.

Yeah.

And my name is Maria Gallo. I live in 749 Southwest Acapulco Terrace, and I will be translated for them.

Great.

Okay. Do you have a presentation?

No, we do not.

Okay, you're just here to answer questions?

Yes.

Okay, all right. So with that, members of the board would you like to ask any questions?

I have a brief question if I may. Despite the fact that I think it's a very attractive layout that you did. I personally consider it to be not something I would wanna support the allowance for. How I'm assuming you guys built it yourself. So I mean, it doesn't seem that arduous for you to dismantle and relocate it once you've gotten permits and you've gotten into compliance. Any thoughts toward that scenario?

Okay. So what they're saying is that the reason why they've thought that it was not something illegal, in other words, it was because it's not something that they built. It was something that it was bought in a store and just did

Assembly.

Assemble it and never thought that it was gonna come to this. It was just for enjoyment, having a barbecue, and that's it.

Understood.

So they're saying the reason why they placed it in the place that it is right now, it is because in the middle, they thought that it was going to be an inconvenience for the neighbors the is the property located. So in the middle, it would not look comfortable for the others' neighbors.

Understood. I think you got a home behind you that

Thank you. Have a question. Dennis Sperter.

With my experience on the county for permits, if you turn a shovel in this town or the county, you need a permit. And I'm just not happy about building without it. I've seen people get fined, have to tear things down. So that's my opinion.

Mr. Roy?

Can I ask how it's attached to the ground?

Excuse me. We just have a little bit of a pause so we can make sure she's translating what he said to them before we go on to the next person?

Yes, please take your time.

Let me know when you're ready.

So to answer Peter's question is that they just moved recently from Kentucky. So they're just newly Floridians. But they didn't know.

Understood. Mister Member Rogan, you have

a question? Yeah. I'd like to ask how it's attached to the ground.

Okay.

Comes with an anchors, and that's how it is on the concrete.

Into the concrete? Okay. Thank you.

Any other questions from

So just real quick.

Go ahead, Nir.

Share, if

you don't mind. Go right ahead.

So it's anchored to the concrete with bolts, meaning that there's just a couple of nuts to be removed in order to pull

that it came to assemble. Like I said, they bought it in in a store.

So Of course. It's Yes. It's purchased in a store.

Mhmm.

It's very pretty. You have great taste, but so but it's just four bolts at the base with nuts on top of them. It's not Okay.

Four Yes. And

Okay. Okay. Thank you.

Any other questions members, Mr. Rogue?

I have a question for Mary. Can I ask that now or should I wait until they're done? We'll wait till they're done.

Okay. Okay.

Any other questions members?

I have a couple.

I just want one question. Does the applicant understand that they built a structure or put up a structure that is not in compliance with our code and that this is not something that we would do for anybody else with a corner lot?

Can you repeat the last part? I'm sorry.

It's not in compliance with code and they would not approve this for anyone else even though it's it's a corner lot. So so to That

is the reason why they are asking for forgiveness.

And there's two structures, not one, two.

Okay.

Any other questions, members? Okay. Thank you so much. Okay. At this point, we can ask questions for members of staff. Thank you.

Yeah. Can I ask what is the city's general history in allowing variances like this?

Wait. Yeah.

I'm gonna chime in and say what I say every single time somebody asks this question.

That's okay.

I'm glad you

asked it. That the consideration should just be for this particular application and these facts that we're not, the board is not to consider what has happened on other properties.

Okay, thank you.

Right. Just and Pete and Joe, again, we take each item on its own merits. And then we at this particular point is a quasi judicial. We make sure that the evidence is presented and we take that evidence and apply the rules when making a decision. And each item in each case is different. Okay. So any other questions for members of the staff or applicant? Seeing none, this is a public hearing. We'll open this to the public who wish to speak or comment on this item. If you come forward, please state your name for the record, your address, and then confirm that you've been sworn in.

My name, Neil Lantru. Address, 457 Southwest Kester Drive, the just west of the property, and have been sworn in.

Great. Thank you, mister Landry.

Mister Landry, thank you. Neil Landry.

Go right ahead, mister Landry.

I'm just here to support approval of the variants. You're never gonna get me to say, understand what the variants are for. Been living in places all the time. But never figured out why the variance exists. So all I'm gonna do is say is support it.

It's built, like I said, in the concrete slab with bolts going in and anchor de anchors in case of winds to be able to strap it down so it can't flip over into any other yards or anything like that. It was put into place so it wouldn't be as close to the neighbor behind them's house because of any noise or anything like that, just given offset by a little bit. Again, just support approval of the variance.

Thank you, Mr. Norge. Any other members of the public wishing to speak or comment on the item or questions? Okay, just before we move forward and close the public hearing, just want to let everyone know who did submit comments online or via email. They have been supplied to the members of the board and are part of the public record. Okay. Any other members wish to speak on this item? Any other residents? Okay. We'll close the public hearing. We'll have a discussion and ask for a motion.

I I don't really have a problem with approving this, but I think that there should be some punishment involved for not filing for a permit. And not not not knowing the law is not an excuse. And I I've seen several people have to pay the price Mhmm. For not going with a permit, and I don't I don't wanna forgive that part. Mhmm. That's my opinion.

I'm I'm ready to make a motion.

I have a quick

question. Go ahead. Or Couple of questions. Some discussion.

Staff for staff. There will be after going through the permitting process, assuming that this gets approved, they would go through the permitting process, and it'll be a double permit fee. Is that correct? Yes.

That is correct.

What's the permitting fee to begin with? Do you know?

Who would ask me that? I believe accessory structures are

right around

Talking about

a fine of $200 here.

Yes. Yes. I mean, there are some other insinuating circumstances that happen with engineering that's

going to have to be paid for, but Which is standard. Yeah. Right. So

Nominal.

And I see there's two structures here, and I wanna just get clarification. We're asking for a seven foot seven feet of a relief of seven feet to reduce the setback to eight feet. And is that along the sideline, or what's the story on the back property?

Yes, sir. So they're they're meeting the setback on the the rear of the property from the rear property line, and they're requesting the variance for the adjacent street side setback. So that's a long Stacy Court.

Okay. That's all. Thank you. As far as discussion is concerned, my opinion, I I do my best to take these case by case and review each one individually, but I am human. So it's hard to not think about those that we've denied in the past. And it's a very they've done a good job. It looks nice.

Hold on one second. Marriott, we've had the applicant speak, we've had staff speak, we've had public speak. We're now members only. So unfortunately, I think you're standing trying to say something, but unfortunately that time has come and passed.

We have all the letters. Those

It's

well, before we yep. Madam City Attorney?

My recommendation would be if you so desire, you can reopen the hearing, allow her to submit the letters into the record, and then go back to close and go back to deliberations.

Okay. But we've the members have not had time to to see and review those. We've had time to see and review the other emails to digest those. Now is this an item that is we're able to table and read those and come back another day?

If there's a desire to table, you certainly can table this item and come back to another meeting. That's fine.

So can I ask Maria a question? Because if I'm going to reopen this, I'd be inclined to motion to table this item and come back and bring it back another day. I don't know if the applicant wants to do that. Recommendations? I mean

I mean, I'm not sure how many letters there are. I don't know if there's if it's something that you would desire to have an idea of how many letters they are, if they're form letters with numerous It's up to the board to determine what they would like to do with this evidence that is now being offered after the close of the hearing.

Let me ask you a quick question. Would it be at all possible? And again, I understand the intention is an abundance of fairness and consideration. And I think maybe it's something that we could speak a little bit about it and get a feel for where the vote would go. And and then maybe before we put forward a motion, we bring it back to the the concept of giving them the opportunity to open the public hearing, submit the letters.

I think there may be an opportunity just where my own thought is, is that I'm generally not supportive of this type of consideration, but they are still providing a seven foot side setback, which there are tremendous numbers of neighborhoods throughout modern communities that have a five foot side setback or less. So although I don't typically try to support variances, I do think they did try to consider to make an attractive consideration. Know, but I'm not a 100% bought off on the notion of any type of an approval. I just wanted to give the board my perspective on one vote.

Mr. Chair?

Yes, Kirk.

I sincerely doubt she's gonna be turning anything, any petitions that are of the negative nature. So tabling this item for a month in my opinion is not, I don't know what are we going to accomplish by doing that.

Again, going back to all fairness, I wanna make sure that everything's fair. We've had time to review. We've had time to look at the package in its entirety. We've had time to look at the other emails and comments that have been submitted prior to which are supposed to be as in accordance with our guidelines. And then not that not this is going to be negative or positive just something else coming before me. I'd like to have adequate time to review it even if it's just an hour. We're not gonna add an extra hour to this meeting, if you know what I mean. Alright. Pete, anything? Thoughts?

Sorry. I see what you're talking about as far as having time to review the submission, but

I would love to

see how the votes gonna go for the board before we head down that road and delay it for another month.

Joe, do you have any thoughts?

I would agree with what's already been said. I can assume that I know what those letters say. I assume they're all glowing support and I don't know that it would change my position. So if I were them and I'm making assumptions here, I'd rather know an answer yes or no tonight than wait another month.

I would agree. Yeah, I'd like to make a comment that I think it's this board's duty to make a point that residents really need to find out what they're allowed to do and what they're not allowed to do before they go and do it, right? So this staff is very attentive. The permitting department, I've been down there multiple times. I've asked questions, found out what was required before I did anything.

We cannot, this is my opinion, we cannot allow this to continue. People do what they want and then, oh, well, I didn't know, give me a variance and then we grant it. So I'm not in favor of granting this variance. They can simply move the items within the building setback, and they've got their sheds or gazeboes. So there's a very simple way to remedy this.

And I'm not in favor of approving this because then it sends a message out to residents. Go ahead and this planning board is gonna go ahead and approve your variants because they're gonna feel bad for you. And again, I'm speaking for myself. So I just want a very stern message to be sent to the residents. Do not put anything, and as you said, you dig a shovel, you put a shovel on the ground, something has to You have to get a permit, or you have to at least find out about it. So that's the message that I wanna convey. I'm ready to deny this, but I'll wait until everybody discusses it.

Well, Kate. I was told I need to turn towards my microphone. Okay, well, you have to get a permit. I have to get a permit. I have done poured slabs in my yard, and I had to get a permit. And I'm not forgiven because I'm on this board or nor would I be forgiven if I didn't have knowledge of the need for it. So I'm I'm not I'm not for this.

Edwine, any comments?

Personally, I'm looking for ways to be forward. I genuinely understand that your family has recently relocated from a state that coming from another part of the country myself. A lot of places are not as technically inclined as the state of Florida for numerous reasons relative to permits and code. So I do understand how a mistake could have been made. I think in in light of the precedent that it would create, I I probably would not be able to vote in support of this.

Okay. Any other comments discussion, mister Rogue?

Yeah. I wouldn't be in support of it either. And again, more so not to penalize these guys, but just because I believe we also have a duty to everybody who lives in that area. And there might be one neighbor who said, hey, this is what I know the setbacks are. I'm very happy with that. That's why I bought in this particular area, and now we're gonna change that for them. I'm I'm just not a big fan of doing that if we don't have to, and in this situation, I don't think it's a must.

I'll make a motion. Mister What what is the the number on it?

P25Dash204. P25Dash2I0

make a motion to deny P25204 Navarro

Uh-huh. Urema Garcia.

Urema Garcia.

I'll second it.

We have motion and a second for denial. All in favor? We'll do a roll call vote.

Now

this is a motion to deny. So if you vote yes, you want to deny. If you vote no, you do not want to deny. Did I clarify that correctly, miss state of city attorney?

Well done. Okay.

Alright. Mister Spaterra?

Yes.

Yes. Yes. Yes.

Chair Norton?

Yes.

Vice Chair Petaban.

Yes.

Mr. Reckenis. No. Mr. Rosen.

Yes.

Mr. Prevot.

Yes.

Mr. Webb.

Yes. Okay.

Motion passes.

Motion passes to deny.

To deny.

We wish you the best. Please get with staff and the building department to meet the proper setbacks. Okay. We're on to item 8B. Okay. Any members of the board have any ex parte communication on 8B? Pete? None. None. None. None.

None. None. Okay.

This is a public hearing. Open up the staff.

Good evening board. For the record, Francis Horman with the Planning and Zoning Division. I have been sworn in, and the official city file has been given to the city clerk's office five days prior to this meeting. Madam clerk, if you could please enter that file into the record. The item before you tonight is the Kells Michael rezoning.

There it goes. The owner of the property is Michael Kells under the Ecom Enterprises LLC, with the applicant being Rhianne Sells Florida LLC. The subject site is located at 1892 Southwest Biltmore Street and 481 Southwest Voltaire Terrace with the request being to rezone approximately point five five acres of single family residential to the service commercial zoning district. This is an aerial of the overall area with the subject site being outlined here in yellow. This is located within that Biltmore area along with all those warehousing uses that are currently there.

The future land use for the overall area is a light industrial service commercial future land use designation with compatible zoning districts of service commercial. As you can see from this map, this is these are the last two properties in this single family residential zoning district that are trying to rezone to the service commercial to be coherent with the overall area. The site is also located within the city's conversion area. This is specifically Area 25. And again, these are the last two parcels located within Block 626 to be looking to rezone from the single family residential to the service commercial zoning district.

Again, as stated, area is in conversion Area 25, and the property coming forward will meet the required 160 foot minimum frontage that is required to zone to the service commercial zoning district and does meet the depth of a 120 feet as required by the area because, again, it is abutting nonresidential uses. The proposed rezoning is consistent with policy one one four thirteen of the future land use element of the comprehensive plan, which establishes the zoning districts with their I'm sorry, the future land use districts with their compatible zoning districts. And as shown in the table below, the service commercial zoning district is a compatible use with the future land use designation of light industrial service commercial. The planning and zoning department staff finds the request to be consistent with the direction and intent of the future land use map and the policies of the city's comprehensive plan and we do recommend approval of the rezoning. You as a board tonight can recommend to the city council approval denial or if you wish to have further information you can table to a different meeting.

This concludes my presentation. I'm here to answer any questions you may have as well as the applicant is also present and does and here to answer any questions you may have.

Okay. Any members of the Board have questions for Lawrence? I'm sorry, Francis. I don't know

where I can from.

None. Okay, we'll hear from the applicant. Does the applicant have a presentation? Could you come forward please? Please state your name for the record and that you've been sworn in.

Yes. Hello, my name is Rayann Larotro and I'm representing Michael Kells. I just have a presentation that shows all of the budding properties and they are all commercial. I have photos of them if any of you would like to see them. But as he said, it's the last two properties that are not commercial.

It's basically what we've been showing my staff. Correct?

Yes.

Does anybody want to see this? No. No. Okay. No need. Any questions for the applicant? Okay. Thank you very much. This is a public hearing. Open it to any members of public wish to speak on this item. Seeing no, we'll close the public hearing and we'll call for a discussion in the motion.

I would put forward a motion to approve item eight b P two six Dash019.

I'll second it. Your motion is second. All in favor say aye. Aye. Opposed? Good luck. Okay. Any new business, mayor?

No, sir.

Any old business? Any members of the public wish to speak? Seeing none, we're adjourned.

Great job.