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Home My WebLink About03162000 PZCITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING /'} Vice Chairman Mather =lied the meeting to order at 7:03~~O~ _~~~ ~O, ~ The Pledge of Allegiance was said. (' /~;o~,0~ ."~0 S~_~ ~ ROLL CALL: PRESENT: Mr. O'Donnell Mr. MMkSne~,,~'~ /" - Mr. Gerhold Mr. Ba~3~t~ VC Mather Ms. Vesia Mr. Smith(a) Ms. Carbano(a) EXCUSED ABSENCE: Chron. Schulke submitted a Form 8B, Conflict of Interest ALSOPRESENT: Tracy Hass, Planning & Growth Management Director Jan King, Planning & Growth Management Manager Richard Stringer, City Attorney Martha Campbell, City Engineer Ann Brack, Recording Secretary ANNOUNCEMENTS:.' VC Mather announced that Mr. Schulke has been excused, and Mr. Smith(a) will vote in his place. Mr. Hass requested that agenda item A. under Old Business be moved to item G. under New Business, and move B-3 under New Business to B-1. A consensus of the Board agreed with the above changes. APPROVAL OF MINUT~ES: (LPA - 2/24/00, 2/28/00, & 2~29~00) MOTION by Vesia/Barrett I make a motion we approve the minutes for the LPA of February 24m. A voice vote was taken. 7 - 0 motion carded. MOTION BY Barrett/Vesia I recommend we approve the minutes for February 28t~ of the LPA meeting. A voice vote was taken. 7 - 0 motion carded. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 16, 2000 MOTION by Barrett/Veeia I recommend we approve the minutes LPA, February 29th. A voice vote was taken. 7 - 0 motion carried. NEW BUSINESS: A. Quasi-Judicial Hearings - Home Occupational Licenses: 1. 562 Orange Avenue - Tobin Reed - Lawn Maintenance Mr. Reed was present, and along with Jan King, was sworn in by the Vice Chairman at 7:05. Ms. Vesia noted that she visited the site. Mr. Reed gave a bdef presentation, Jan King gave staff presentation, asked for and received the size of the utility trailer, and recommended approval. VC Mather opened and closed the public headng at 7:08 p.m., as there were no proponents or opponents. There were thirty-two (32) notices of headng sent and no objection or non-objection letters were received. MOTION by VesiaJBarrett I make a motion that we approve the Home Occupational License for Tobin J. Reed Lawn Services at 562 Orange Avenue. Roll call: Ms. Vesia - yes Mr. Barrett - yes Mr. O'Donnell - yes Mr. Mahoney - yes Mr. Smith(a) - yes Mr. Gerhold - yes VC Mather - yes The vote was 7 - 0. Motion carried. 2. 412 Bywood Avenue - Stanley Driben - Manufacturer Representative Mr. Driben was present and was sworn in by the Vice Chairman at 7:09 p.m. Mr. Ddben proceeded to give a brief presentation. There were thirty-five (35) notices of headng sent and there was one objection letter and no nonobjection letters. A copy of the objection letter was given to Mr. Ddben. Jan King gave staff presentation which recommended approval. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 16, 2000 VC Mather opened the public hearing at 7:12 p.m. Paul Thomas, 900 Carnation Drive, was sworn in at 7:12 p.m. by VC Mather. Mr. Thomas voiced his concerns about the size of the van. Ms. King read the Code on this issue. On some other issues that concerned Mr. Thomas, he was advised to contact the Code Enforcement Department. VC Mather closed the public hearing at 7:18 p.m. MOTION by Vesia/Barrett I make a motion that we approve the Home Occupational License for Stanley Driben, Indian River Sales at 412 Bywood Avenue. Roll call: Mr. Mahoney - yes Mr. Gerhold - yes Mr. Smith(a) * yes Mr. Barrett - yes VC Mather - yes Ms. Carbano(a) - yes Mr. O'Donnell - yes The vote was 7 - 0. Motion carried. 3. 721 Carnation Drive - Clifford Manthey - Real Egtate &Flee. Contract Mr. Manthey was present and was sworn in by VC Mather at 7:19 p.m. Mr. Manthey gave a brief presentation on his attempt to retain his Flodda licenses for Real Estate.. There were thirty-four (34) notices of hearing sent and no objection or non-objection letters were received. Jan King gave staff presentation which recommended approval. VC Mather opened and closed the public hearing at 7:20 p.m., as there were no proponents or opponents. MOTION by Barrett/Gerhold I'll recommend that we approve License, 721 Camation. Roll call: Mr. O'Donnell - yes Mr. Gerhold - yes VC Mather - yes Mr. Smith(a) - yes The vote was 7 - 0. Motion carded. Mr. Manthey for his Home Occupational Mr. Mahoney -yes Mr. Barrett -yes Ms. Vesia -yes PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 16, 2000 B. Model Home Renewal Permit - MGB Construction, Inc. - 496 & 498 Tulip Drive Jan King gave staff presentation and recommended approval of a one - year permit for both model homes. VC Mather opened and closed the public hearing at 7:23 p.m., as there was no public input. There were twelve (12) notices of hearing sent and no objection or non-objection letters were received. MOTION by Vesia/Barrett I make a motion that we approve the Home Renewal application for MGB Construction at 496 & 498 Tulip Drive. Roll call: Mr. O'Donnell - yes Mr. Smith(a) - yes Mr. Gerhold - yes Mr. Mahoney - yes VC Mather - yes Mr. Barrett - yes Ms. Vesia - yes The vote was 7 - 0. Motion carried. C. Accessory' Structure Review- Section 20A-5.7,D,7 - 1541 Schooner Lane - 12' x 24' Utility Shed - James A. Smalley Sheds James Smalley was present and was sworn in by VC Mather at 7:27 p.m. Jan King gave staff presentation, and noted that unity of title was established. Mr. Gerhold commented that he inspected the site, MOTION by Vesia/Barrett I make a motion we approve the accessory structure for James A. Smalley Sheds to be installed at 1541 Schooner Lane. Roll cell: Mr. Barrett - yes Mr. Mahoney - yes Ms. Vesia - yes Mr. O'Donnell - yes Mr. Gerhold - yes VC Mather - yes Mr. Smith(a) - yes The vote was 7 - 0. Motion carried. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 16, 2000 D. Quasi-Judicial Healing - Site Plan Review - PubliX Supermarket - Boos Development Group, Inc. - NW Comer of U.S, #1 & Barber Bdan Fischer, Joseph Schulke, Michael Troxel, Terrence Moore, Tracy Hass, and Martha Campbell were sworn in by the Vice Chairman at 7:30 p.m. VC Mather noted that he spoke to the Engineer, Joseph Schulke about the first page of the drawings, and he visited the site several times, Warren Dill, Attorney, representing Boos Development, introduced Robert Boos, Senior Vice President and an owner of this company; David Morse, Vice President of Construction; Bdan Fischer, Architect; Joseph Schulke, Engineer; and Mike Troxel, Traffic Consultant. Brian Fischer of Fischer Architects gave a presentation and explained the building design. Mr. Dill continued with the presentation. He noted an Objection to condition #3 and #4 in the staff report. Reference was made to a memo from Tracy Hass to the P & Z Commission dated March 16, 2000. There was much discussion about the issues of a left turn from, and the paving of Barber St., and the request for the applicant to pay for half the cost of the paving. Mr. Dill passed out copies of his report on City street paving projects and explained the relationship to the section of Barber Street under discussion. He summarized by recommending approval of the project, with the exception of items #3 & #4 of the staff report. Joseph Schulke of Knight, McGuire and Associates, Inc. gave his engineering presentation on the objection to items #3 and #4, as mentioned above. VC Mather commented that after driving on Barber Street in the subject area, he feels that a left turn lane would be more of a safety factor. Mike Troxel, Design Tech International, gave presentation on his traffic study. Mr. Schulke continued with his prasentetion to show that the road capacity will not be exceeded. Tracy Hass gave staff presentation, complimented all parties involved in the site plan, and commented on wheel stops and, annexation. Attorney Stringer celled Martha Campbell to the staff table to provide some traffic information and repaving plans for Barber Street. She also spoke of improvements that must be made to this street. Atty. Stringer then offered information on traffic impacts and acceleration of improvements. He also spoke of a '?air share capacity" contribution on this particular street. He then noted that no assumptions should be made before appearing before this Planning and Zoning Commission because they have the right to initiate conditions of approval. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 16,. 2000 A break was taken from 8:40 to 9:02 with all members previously present returning. Mr. Schulke continued with his presentation. Mr. Dill announced that, after consulting with staff, his client has agreed to pay eight percent (8%) of the cost of redoing the road from Bdstol to Barber Street, and will also install the left turn lane. Terrence Moore indicated'that this agreement was agreed upon during the break. VC Mather opened the public headng at 9:14 p.m. Robert Wise, President of Park Place Homeowners Association, and Bill Schulke spoke on this plan. Nelson Hyatt commented that good sense prevailed, and thanked everyone for it~ Sara Cheek of Pelican Point indicated that she was happy that matters have been settled. Lottie Morgan of Pelican Point also spoke in favor of this proposal. Pierre Paquette, owner of Palm Lake Club congratulated everyone on coming to an agreement tonight. Rob Boos, Boos Development Group, representing the applicants, thanked the City staff for favorable consideration, for cooperative nature, and indicated that there should be about a ten (10) month construction schedule. David Morse, Boos Development Group, extended his appreciation to City staff. VC Mather closed the public hearing at 9:20 p.m. Joe Schulke proceeded to review the pdnts for Commission members. He explained that 3.84 acres are in the County, and they propose annexing this into the City of Sebastian. He then went over issues to do with the site plan. He spoke of a type "D" curb that would serve as fire stops. VC Mather noted that a profile referred to on pages 7 & 10 are missing. Mr. Schulke gave his explanation on that and stated that that detail will not be needed on those two pages. There was discussion on hours of operation and landscape irrigation. Tracy Hass summarized the staff report, indicating two (2) amendments that include an 8% share of repaving a designated portion of Barber Street, and installation of a left turn lane that would be paid for by the applicant. Mr. Hass noted that staff would recommend approval of this Publix site plan with the conditions as outlined in the March 16th memo to the Planning Commission from him as Growth Management Director, and the two amendments mentioned in this paragraph. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 16, 2000 MOTION by Barrett/O'Donnell I will recommend the approval of the site Plan conditional upon meeting all of the requirements set forth in the March 16t~, 2000 memo from Trecy Hass to the Commission, as amended #4, and the staff report, including pages 1 through 15 of the site plan plans, submitted, with the modification of the removal of the wheel stops based on the installation of the six inch (6") type D nonmountable curb. Roll call: VC Mather - yes Mr. Mahoney - yes Ms. Vesia - yes Mr. Gerhold - yes Mr. O'Donnell - yes Mr. Smith(a) - yes Mr. Barrett . yes The vote was 7 - 0. Motion carded. E. Recommendation to City Council - Public Hearing - Preliminary Plat Review - Publix Indian River Subdivision Tracy Hess gave staff presentation noting that a construction permit (Condition #8 in addition to the seven (7) conditions contained in the memo) has not been issUed as yet, and will not be issued until the subdivision has been approved. He indicated that the same March 16,th 2000 memo as mentioned in the previous motion, including the two (2) amendments, would be included in a recommendation of approval of the subdivision preliminary plat. There was some discussion on the issue that no development order is permitted unless the land has been subdivided. This issue will be discussed by the Local Planning Agency (P & Z). VC Mather opened and closed the public hearing at 9:40 p.m., as there was no public input. MOTION by Barrett/Smith I'll recommend to City Council that we approve the subdivision based on staff report and the conditions as outlined in March 16th memorandum from Trecy Hess with the addition of Condition #8, a construction permit from the Building Department, and the prints, associated sheets 1 and 2 as submitted by the applicant. Roll call: Mr. Mahoney Mr. Smith(a) VC Mather Mr. O'Donnell - yes Mr. Gerhold - yes - yes Mr. Barrett - yes - yes Ms. Vesia - yes - yes The vote was 7 - 0. Motion carded. PLANNING AND ZONING COMMISSION MINUTES OF MEETING OF MARCH 16, 2000 OLD BUSINESS: (This Commission is acting as the Local Planning Agency a..nd P & Z Commission for the following.) F. Recommendation to City Council - Public Hearing - Adoption of the Revised Land Development Code. Tracy Hass extended appreciation to VC Mather for his comments on Articles I through XXII. Mr. Barrett commented that he thought that staff did a herculean job throughout the entire process. Ms. Vesia praised the staff on their accomplishment, and also praised and thanked VC Mather for his detailed input. MOTION by Barrett/Ve$ia I'll recommend that we send this to City Council for approval. Discussion: Tracy Hass noted that some minor "tweaking" would continue to be done before going to print. The Commission members agreed to this. Roll call: Mr. O'Donnell - yes Mr. Mahoney - yes Mr. Gerhold - yes Mr. Barrett - yes VC Mather - yes Ms. Vesia - yes Mr. Smith(a) - yes The vote was 7 - 0. Motion carried. CHAIRMAN MATTERS: None MEMBERS MATTERS: Mr. Mahoney suggested that the sign at the Key West Inn be moved. Tracy Hass responded that issue is being addressed. Mr, Mahoney also inquired about the landscaping and irrigation system at Pizza Hut. DIRECTOR MATTERS; Tracy Hass noted that there were fourteen (14) pages of comments and notes received from Chmn. Schulke in reference to the proposed LDC Articles. ATTORNEY MATTERS: Atty. Stringer noted that today, the Italian American Club recorded documents on the PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 16, 2000 temporary curb cut removal. He indicated that they will remove the ddveway when they have access to the side road. Atty. Stdnger then thanked the Commission members for their patience, cooperation, and fairness dudng the Publix headng tonight. He also noted that the County is considering a commitment of $200,000 from the impact fee funds for improvements on Barber Street. At this pOint Tracy Hass thanked.the Commission members for their time, energy, and cooperation in revising the LDC. VC Mather adjourned the meeting at 9:55 p.m. ,, You must discl°se orally the nature of Y°ur~nfi.*.~'t.~in*' ' the mea,Sur~ b~fo~ parti~iPtinll.;' · tYhOeu m~..t comp, lete the. f.orm ,nd f~le !.t wi.thin 1.5 da. ys a~er the ?re occurs. ~th the person responsible for recordin~ the miuUm ___m~!m_~**,W_no must ~nc, o**rpo, mte me !.Grin ,n.tixe nu.nute~.. ,,~ copy Gl .the form must ~ pr ,.oyided immedtn~ly to the qther~',? mcm°~rs m tn~ a~ncy, aug me form must 0e t~.~l publicly at the ~t meeting after the form n filed, . · DISCLOSURE.OF LOCAL OFFICER'S INTEREST !, _ , hereby d~ tlmt:on (a) ^ measure came or will come before my ngency which (check one) ~ inur~l to my special private ~nin; ., inured to the special gain of my business associate ..................... . , , gan. or . .......... · whom I nm retained;or .... inured to the special gain of .............. , Which is the: parent organintion or .qubsidiary of a principal which bas retained me. ... (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: NOTICE: FLORIDA STATUTES §!12.317 (1991), A FAILURE TO MAKE ANY REQUIREDI UNDER PROVISIONS OF DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM Old'ICE OR EMPLOYMENT, DI~MOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED ~,000. "FORM 8B- 10-91 ......... PAGE 2 FORM 8B ME'MOP NDUM OF ,VOTING CONFLICT FOR .'AND OTHER .LOCAL PUB 'OFFIGERS NAME MAll.lNG DATE ON WHICH ¥~)/~ COMMISSION. AUTIIORITY OR COMMITTEE ON CITY D COUNTY O OTHER LOCAL AGENCY MY IK]SiTiON L~ C2 ELECTIYE APFOINTWE This form is for use. by any person serving at the COunty, cit~, ormher local lead 0~it°vernment on an appointed or elected boaKI, council, commission, authority, or eonunittee. It applies equally to memhen of advL~bry and non.advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when heed with a measure in which you have a conflietof intmnt wil!~.Sreatly depending on whether you hold an elective or appointive position. For this reason, please pay close nttent~ ~iOns on this form' before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other ! .o~ad. ~.'..' .o~.,ee .MUS. T ABSTAIN f.ro~, vo _'.m~ on a measure which inures.to his special private gain. Each elected or appointed leeat ollicer~, is' prohibited fro? kn0 .w~ngly.~.on,a measure which inun~s to the special gain of a principal (other than a ~overnmm~ alKncY) by, whom he ts. retained ('.inciudmg the pare, n, t organization or subsidiary of a corporate principal by which he'is ~K to the spe?l private ~ of ? relative; or to the specml private ~ain of n business associate. Commissioners of community rede~t a~encles under..Se~.'.~ 163.35~. of. 163.357,,F.S., and 'ofl'eers of independent speeinl tax districts deeted on a one.acre, one-vote biisis are not prohibited from voting tn that capamty. For purposes of this law, a 'relative" includes only the offs:ePs father, mother, son, daughter, husband, wife, father-in.4aw, mother-in- law, son-in-iaw, and daughter-in-law. A 'business associnte" means any person or entity engaged in or carrylnlt on a business enterprise with the officer as a partner, joim venturer, coowner of property, m~corporate shareholder (where the shares of the corporation are not listed on any national or reiional, steck exdmn~). ELECTED OI;i;lCI~RS: ~Mitiou to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on ' WITHIN 15 DAYS AFTER T,HE VOTE OCCURS by eO~piKing.~nnd, l-tlt~ this form.'with, hm~..~an responsnble for recording the minutes.of the meetin&.who should incorporate the foml tn the minutes, i': Although you must abstain from voting in the situations, described above,:.you otherwise:may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to" infl.nenc~ the decision, whether orally or in writing and whether made by you 'or at your direction. YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH VOTE WLL BE TAKEN: . You must complete and file this form (before making any attempt to i .n~l, nence the decision) with the .person responsible for s~ording the minutes of the meetin& who will incorporate the form in the 'minutes. . A copy of the form must he provided immediately to the other members.of, the aaency. ,. The form must be read publicly at the next meeting after the form is filed. CE FORM 8B - 10-91 PAGE