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HomeMy WebLinkAbout01202000 PZLOCAL PLANNING AGENCY (PLANNING AND ZONING COMMISSION) MINUTES OF WORKSHOP MEETING JANUARY 20, 2000 Acting Chmn. Vesia called the meeting to order at 8:25 P.M. (The Pledge of Allegiance was already done at the regular P & Z meeting.) ROLL CALL: PRESENT: Mr. O'Donnell Mr. Mahoney Mr. Gerhold Mr. Barrett Ms. Vesia EXCUSED ABSENCE: Chmn. Schulke and Kelly Mather ALSO PRESENT: Tracy Hass, Planning & Growth Management Director Jan King, Planning & Growth Management Manager Ann Brack, Recording Secretary OLD BUSINESS: REVISIONS TO THE LAND DEVELOPMENT CODE: Review of Article, Xll! - Tree Protection & Landscaping Page 8, Item E.1. - Add "and drought tolerant" to second paragraph. Add third paragraph - "Allow reduction of landscape strip from ten feet (10') to five feet (5') if an existing landscape strip is praeent on an adjacent property. Page 9, Item E.2. - In last sentence, add "shrubs and hedges shall be planted in an offset pettem for more immediate barrier." Page 11, Sect. 20A-3-1,3.13, firs~ sentence - Add the word "permanent" before the ~rd Pa . 11, Sect 20A 3 13 14 A - Add "or legal entity" after the~.n~'~/6"r~~ . g . - - · .' , f r, / CHAtRIVlAN. senance. ( ~ARDI ~A~ IN,~ ~. ~N~ Page 12, Item C- Change the ~rd 'pmm~ve' ,o ".uppo.~~;';;'~~~TE ~ Sect. 20A-3-13.16- St~ke this entire ~ion. ~' ".~ ~~_=; ~ , 5~~ ~ Page 15, ~ct. 20A-3-13.18.C. - Add the ~rds "a~ion o~' after the ~rd 'by'. LOCAL PLANNING AGENCY (P & Z COMMISSION) MINUTES OF WORKSHOP MEETING, JANUARY 20, 2000 NEW, BUSINESS: REVISIONS TO THE LAND DEVELOPMENT CODE: Review of Article XV- Off Street Parking Mr. Hass noted that some changes have been made, most notably in the parking requirements for Restaurants on page 2. He commented that in the first sentence, the following phrase was added --""... based on the maximum seating capecity." He also noted that the maximum seating capacity will be determined by either the Fire Department or the Health Department, There was some discussion on the subject of "stacking spaces for drive-in" facilities. Mr. Hass indicated that this subject is covered in Article X, Appearance, Design and Compatibility. Page 1 - Discussion on Gasoline Station parking spaces. Page 2 - There was discussion on Mini-Storage; Medical Offices, Dental Offices and Outpatient Clinics; Nursing Homes and Assisted Care Facilities; and Warehousing. Page 3 - Discussion on Off-Street Parking. Page 4 - It was determined to add "... roadways of superior classification" in first line on page after the words "... major collector or..." DIRE,CTOR MATTER~: Mr. Hass suggested having a meeting next weak to discuss Articles XVI and XVII. It was determined to have a meeting on Wednesday afternoon at 3:00 P.M. (After later consideration, the 'meeting was moved up to 2:00 P.M.) Acting Chmn. Vesia adjourned the meeting at 9:18 P.M. (1/25/OO AB) CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING JANUARY 20, 2000 (This meeting is being voice broadcast over Falcon Cable TV Channel 35) Chmn. Schulke called the meeting to order at 7:03 P.M. The Pledge of Allegiance was said, ~ PRESENT: Mr. O'Donnell Mr. Gerhold Chmn. Schulke Mr. Mahoney Mr. Barrett Ms. Vesia EXCUSED ABSENCE: Mr. Mather .ALSO PRESENT: Tracy Hass, Planning & Growth Management Director Jan King, Planning & Growth Management Manager Rich Stringer, City Attorney Ann Brack, Recording Secretary ANNOUNCEMENTS: Chmn. Schulke announced that Mr. Mather 'has been reappointed to the Commission but he was excused from tonight's meeting. He then noted that Mr, Mahoney has been appointed to a regular member position. APPROVAL OF MINUTES:' (1/6/00) MOTION by Barrett/Vesia Zoning Commission meeting. ~-"~-~MA~' ~tJ~/~/~.~_~ ,<...x._...~ _ A voice vote was taken. 6 - 0 motion carried. (/ ~BO/ARD) ._~L/~.,~iNG- ' 'Zc~J~ OLD BUSINESS; None APPROVED SUBJECT TO _ - NEW BUSINESS;, ~ A. QUASI-JUDICIAL HEARINGS - Home Occupational Licenses: Atty. Stringer explained the quasi judicial process to all present. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 20, 2000 1. 213 Midvale Terrace - John Kebbel - Computer Consulting No ex parte communications were declared. John Kebbel was present and was sworn in along with Jan King at 7:08 P.M. Mr. Kebbel gave a brief presentation. Jan King gave staff presentation which recommended approval. There were twenty-nine notices of hearing sent and no objection or non-objection letters were received. Chmn. Schulke opened and closed the public hearing at 7:09 P.M., as there were no proponents or opponents. MOTION by Vesia/Barrett I make a motion that we approve the Home Occupational License for John Kebbel doing business as Script Solutions, 213 Midvale Terrace. Roll call: Mr. Barrett - yes Chmn. Schulke - yes Ms. Vesia - yes Mr. Mahoney - yes Mr. Gerhold - yes Mr. O'Donnell - yes The vote was 6 - 0. Motion carded. 2. 607 Benedictine Terrace - Michael Peragine - Vending Machine Svc, No ex parte communications were reported. Michael Peregine was present and was sworn in at 7:12 P.M. He gave a brief presentation. Jan King gave staff presentation which recommended approval, There were twenty-two (22) notices of headng sent and no objection'or non-objection letters received. A brief discussion ensued. Chmn. opened and closed the public headng at 7:16 P.M. as there were no proponents or opponents. MOTION by Gerhold/Barrett I make a motion that we accept the application for a Home Occupational License for Michael Peragine doing business as D & D Vending at 607 Benedictine Terrace. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 20, 2000 Roll call: Chmn. Schulke - yes Mr. Mahoney - yes Ms. Vesia - yes Mr. Barrett - yes Mr. Gerhold - yes Mr. O'Donnell - yes The vote was 6 - 0. Motion carried. PUBLIC HEARING - Recommendation to City Council - Proposed Land Use Change - Lots 16, 27, & 28, Section 30, Fleming Grant C.N.K., Inc. - Low Density to Industrial Use No ex parte communications were reported. Mr. C. N. Kirde, 12855 79th Ave., Roseland, was present and, along with Tracy Hass, was sworn in by the Chairman at 7:18 P.M. Mr. Kirde gave a presentation on his request. Tracy Hass gave staff presentation which recommended that City Council approve this request. Discussion took place and Mr. Kirde answered numerous questions. Atty. Stringer offered information about the Habitat Conservation plan for adjacent property. It was pointed out that on page 3 of the staff report, under item 16, the reference to "CR- 512" should read "Roseland Road~. Chron. Schulke opened the public hearing at 7:38 P.M. Mr. Fred Mensing, an adjacent property owner of lot #15, was sworn in at 7:39 P.M. and spoke in favor of this request. There were no opponents present and the public hearing was closed at 7:41 P.M. MOTION by Barrett/Gerhold I'll recommend the recommendation to City Council for approval on proposed land use change on Lot 18, 27, 28 and 30, Fleming Grant, C.N.K. Inc., to Industrial. (This motion should not have included Lot 30, as it is not part of this application. This motion shall be corrected at the next regular meeting, for the record.) Roll call: Ms. Vesia Mr. Gerhold Mr. Barrett The vote was 6 - 0. Motion carried. - yes Mr. Mahoney - yes - yes Chmn. Schulke - yes - yes Mr. O'Donnell - yes PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 20, 2000 PUBLIC HEARING - Recommendation to City Council - Proposed Land Use Change -Rear portion of Tract 14, Unit 14 - Ameritrend Homes, Inc. - Commercial 512 to Commercial General PUBLIC HEARING - Recommendation to City Council - Proposed Rezoning - Rear portion of Tract 14, Unit 14 - Ameritmnd Homes, Inc. - Commercial 512 to Commercial General Chmn. Schulke declared a conflict, submitted Form 8B, and turned over the gavel to Ms. Vesia. Chmn. Schulke noted that he is employed by Knight, McGuire and Associates, Inc., who has been retained by the applicant to prepare the application and act as his agent. (It was determined that items C. and D. above, could be discussed together, with separate motions for each.) Mr. Joseph Schulke, representing the applicant, was sworn in by Atty. Stdnger at 7:44 P.M., and proceeded with his presentation. Tracy Hass gave staff presentation which recommended approval. Mr. Mahoney noted that page 135 of the LDC, Section 3.8(8) needs to be corrected to read "Unit 14". The subject of ownership was discussed and Mr. Schulke indicated that the names of all owners ara on record. MOTION by Barrett/Gerhold I will make a recommendation that we recommend to City Council the proposed land use change for the rear portion of Tract 14, Unit 14, Amedtrend Homes, to Commercial General. Roll call: Mr. Gerhold - yes Mr. Mahoney - yes Mr. Barrett - yes Act. Chmn. Vesia - yes Mr. O'Donnell - yes The vote was 5 - 0. Motion carded. MOTION by Barrett/Mahoney I'll recommend that we recommend approval to the City Council for the rezoning of rear tract 14, Unit 14, Ameritrend Homes to Commercial General. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 20, 2000 Roll call: Mr. O'Donnell - yes Mr. Mahoney - yes Mr. Gerhold - yes Mr. Barrett - yes Act. Chmn. Vesia - yes The vote was 5 - 0. Motion carried. Mr. Schulke resumed the chair. MEMBERS MATTERS: There was consensus to postpone the election of officers till the next meeting. Ms. Vesia inquired about a new site plan expiration list. A new LPA meeting list was mentioned by Mr. Barrett. This issue was discussed. DIRECTORS MATTERS: Tracy Hass noted that the city-wide zoning map will be presented at the next P & Z meeting for review and a recommendation to City Council for certain changes to this map. ATTQRNEY MATTERS: Atty. Stringer noted that C & K will be looked at city-wide, but will be split at City Council level for an effective date for the ordinance because of the land use change. Chron. Schulke adjourned the meeting at 8:07 P.M. (1/24/00 AB) IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSiON.AT'THE.. MEETING: You must disclose orally the nature of your'~i|lt the 'measur~ before l~rt~lnmin~... ":~ You must complete the' form'and file it within I~ days after the vote occurs with the ~rmn resnanslble for recoil,,- ,k. ,,,;..,.,~ the meeti ' . , ~ .... ,- ..... ~ ng, who must incorporate the form m the minutes. A copy of the form Gust be provided im/n,ediately to the members of the a~.ney, .and th~ form must be read-'Pt~blicly at the. next meeting after th~'form i~ fried. ' J / DISCLOSURE OF LOCAL.OFFICERq3 IN'[EREST I, , b to .. "{....~ . ,:~. _.... : (a) A measure came or will come before my agency which (check one) _ . inured to my special private gain; __ inured to the special gain of my business associate, inured to the special gain of my relative, .. inured to the special gain of /whom I am retained; or ~-- inured to the special gain of _~ ~ is the parent organization or subsidiary of a principal which has retained ~ (b) The measure before my agency and the nature of my conflicting interest in: the measure is as follows: ; ,by NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.J!7 (1991), A FAILURE TO MAK£ ANY REQUIRE 'D~.. DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED nY ONE OR MO~RE OF THE. FOLLOWING: /M..PE.A__C.H~M~E_N_T, REMOVAL OR SUSPENSION FROM , OFFICE.. OR EMPLOYMENT, DEMOTION, REDuCTIoN IN~ ~SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED'S5,000. , ' ' 1 'E FORM 8B- 1{~,91 .............. - '~ "' ' ' ' ..... FORM. 8B, ..... MEMORANDUM"0F,vOTiNG CO#FLiCT FOR · WHOMIJ~T, FILE~~ '" ' ' This form is for use by any person serving at the county, city, or otheriocal level of 8overnment on an..appoin..ted or elected board: co. uncil, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented ruth a voting conflict of interest under Section~ ,112.3143, Florida Statutes. , . . . · Your res~lities ,,md~G the-I~' when~ fa~ed':~t~, a measure in which you have, conflict of interest wi!l vary ..l~tly d~.~n.dinsl on whether YOO :kold..an. elective or appointiw posit~on. For this reason, pleas~ pay clos~ attontlon to the mmucttom on this b~fo~eomp~ing the ,r~,erSe side and filing the form. A person holdin~ elective or appointive county, muni~pal, or other Ioml public office MUST ABSTAIN from voting on a measu~ which inures to his special private ~ain. Each elected or appointed .Iocaloff~er also is prohibited from knowingly voting on a measure which in_u. res to the special ~ain of a princilml (other t.han a ~ov~_ .ment a$ency) by. whom he is retained. (!.ndudin.~ t.he or~anizat,on or subsidiary of, corporate, principal by whiCh he ts re~,n~.); to the ,pe~t.al pnv?te _~ain .of ~?.?i~,., private ~ain of a business associate. Commissio~ of community redevelopment a~'nctes unner :~ee. ~oo..oo or .,e~.,~:}, .., Off'g~'rs of independent special mx districts elect~ on a OhO-acre, one-vote basis are not prohibited from votinll in that mkmcity. For purposes of this law, a 'relative" includes only the off'~er's father, mother, son, danghter, husband, wi~, father, in-Iaw. m.othe, r-tn~ law, son-in-law, and danghter-in-law. A "b. usiness associate" means any person or entity en~KI in or ~trrying on a bosme- enterprise with the officer as a partner, jo, at venturer, eoowner :of .prolmly, or corporate shareholder (where the shares of tl~ corporation nrc not listed on any national or re~ioual stock exchanse)~ ELECTED OFFiCEI~: In addition to al~taining from voting in the situations de~'~md abow, you must diglo~ the ~onflict: PRIOR TO THE VOTE BEING TAKEN by publiclym~tin~ to the a.embly the nature of yoUr in~r~ in the rn~r~ on which you are al~taining from votin~ am/ WITHIN 1'5 DAYS AFTER THE VOTE OCCURS by completing and filing this form wlth the person responsibl~ for recording the minut~-s of the meetin~ who should incorporate the form in the minutes. APPOINTED OFFICERS: ~. ~, ~, Although you must abstain from voting in the situations described above, ~ou otherwise.may tmrt~pate in' these matters. Howev~, you must disclose the nature of the conflict before making any atmmpt to influence the. decision, whf~ omliy.~or in writingand whether made by you or at your direotion. YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE .MEETING AT WHICH VOTE WLL BE TAKEN: · You. mm~t oom .~M~_s_-aud .i'de this form (before making any att~. t to in~l. ueoce the docision) With tho person respomible for record~ the minutes of ~,'.~ng, who will' incorporate the form in ~ minute. · A copy of the form must he provided immediately to the other members of the a~nay. · The form must he n~d publicly at the'neXt meeting after the form is f'ded.